6210 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 5 April 26, 2010 SENATE—Monday, April 26, 2010

The Senate met at 2 p.m. and was The legislative clerk proceeded to In light of the extraordinary effort called to order by the Honorable MARK call the roll. we have seen from the Republican lead- R. WARNER, a Senator from the Com- Mr. REID. Mr. President, I ask unan- ership, it will force each Senator to monwealth of Virginia. imous consent that the order for the publicly proclaim whether party unity quorum call be rescinded. is more important than economic secu- PRAYER The ACTING PRESIDENT pro tem- rity. I know many on the other side The Chaplain, Dr. Barry C. Black, of- pore. Without objection, it is so or- would like to pretend that is not what fered the following prayer: dered. is at stake. But we are not fooled and Let us pray. f neither are the American people, two- thirds of whom we learned today sup- Lord, God, our Heavenly Father, You SCHEDULE continue to open to us new horizons of port cracking down on Wall Street. hope. We praise You that our daily Mr. REID. Mr. President, following This past weekend I was in four dif- work is intended by You as a blessing my remarks and those of Senator ferent counties in Nevada. I heard the and not a burden. Lord, we do not ask MCCONNELL, we will go to a period of same thing everywhere I went, from ev- that all difficulties be removed but for morning business until 3 p.m. with eryone with whom I spoke. They said: strength and wisdom to handle them. Senators permitted to speak during Get this done. So many Nevadans are Give our lawmakers enough faith to that period of time for up to 10 minutes suffering because of the mess Wall live this day with courage. Help them each. Following morning business, the Street created, and they know better to be steadfast in the face of tempta- Senate will resume consideration of than anyone that we have to fix it. Democrats agree. tion and earnest in working for liberty. the motion to proceed to S. 3217, the That is why we stand for guaran- Fill their hearts with Your spirit that Wall Street reform legislation. At 5 o’clock the Senate will proceed to vote teeing taxpayers that they will never they may run the race of life with high again be asked to bail out big banks honor. on the motion to invoke cloture on the motion to proceed. and that no Wall Street firm can be- We pray in Your matchless Name. come too big to fail. Amen. f Democrats stand for giving families f FINANCIAL REGULATORY REFORM more control over their own finances and for giving consumers more clarity PLEDGE OF ALLEGIANCE Mr. REID. Mr. President, last week, I criticized the Republican leader for the so they can make the right financial The Honorable MARK R. WARNER led way he was handling Wall Street re- decisions. the Pledge of Allegiance, as follows: form. I even criticized him for a series Democrats stand for protecting the I pledge allegiance to the Flag of the of meetings he held in New York and life savings of hard-working Americans from Wall Street’s gambling. We stand United States of America, and to the Repub- the result of the meetings. I want the lic for which it stands, one nation under God, for making our financial system more record to be very clear, however, that I indivisible, with liberty and justice for all. transparent so we can rein in risky in no way was impugning the integrity f bets before it is too late. of my friend from Kentucky. In short, Democrats stand for bring- APPOINTMENT OF ACTING The senior Senator from Kentucky ing more accountability and trans- PRESIDENT PRO TEMPORE and I have fundamental policy dif- parency to Wall Street. As far as I can ferences on a number of issues, but no The PRESIDING OFFICER. The tell, the only thing Republicans stand one should take my disagreement with for is standing together. They boasted clerk will please read a communication my friend to question his honesty. to the Senate from the President pro about banding together at this time at Wall Street reform is as complex as all costs, even at the cost to our na- tempore (Mr. BYRD). the financial instruments that fueled a The legislative clerk read the fol- tional economy. But a party that worldwide recession. But voting to stands with Wall Street is a party that lowing letter: start on the Wall Street reform is as U.S. SENATE, stands against families and against simple as right and wrong. This bill fairness. Among the many reasons we PRESIDENT PRO TEMPORE, and the debate are about the ability to Washington, DC, April 26, 2010. need to reform Wall Street is that To the Senate: trust our financial system again. They those who work there have conspired Under the provisions of rule I, paragraph 3, are about giving families the peace of for too long under the cover of dark- of the Standing Rules of the Senate, I hereby mind that they will be able to keep ness. They have acted recklessly be- appoint the Honorable MARK R. WARNER, a their homes, that their savings will be cause they know they will not be held Senator from the Commonwealth of Vir- safe. accountable for their risks. ginia, to perform the duties of the Chair. We have a responsibility to bring ac- They do not think twice about using ROBERT C. BYRD, countability to Wall Street because President pro tempore. working families as pawns in a get- each of us is accountable to the Amer- rich-quick scheme. I would direct ev- Mr. WARNER thereupon assumed the ican people. We owe our States’ con- eryone to read the best seller, ‘‘The Big chair as Acting President pro tempore. stituents and our Nation’s taxpayers Short,’’ by Michael Lewis. It is stun- f the promise that they will never again ning in describing what they do with have to endure a financial crisis such our money on Wall Street. RECOGNITION OF THE MAJORITY as the last one. When you come to Nevada to gamble LEADER Today, the vote to begin debate on at one of the casinos, you are at least The ACTING PRESIDENT pro tem- Wall Street accountability will answer gambling with your own money. The pore. The majority leader is recog- many questions. It will reveal who be- people on Wall Street are gambling nized. lieves we need to strengthen oversight with our money. We know Wall Street Mr. REID. Mr. President, I suggest on Wall Street and who does not. It does not like this bill. Of course it does the absence of a quorum. will demonstrate who believes we need not. It changes the system big bankers The ACTING PRESIDENT pro tem- to strengthen the protections of con- and hedge fund managers have taken pore. The clerk will call the roll. sumers and who does not. advantage of for years.

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

VerDate Mar 15 2010 13:44 May 31, 2013 Jkt 089102 PO 00000 Frm 00001 Fmt 0686 Sfmt 0634 E:\BR10\S26AP0.000 S26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 26, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 5 6211 Look at the rules of the road on Wall And Republicans are conscious of come down too. Yet now we are learn- Street. Traders get to gamble away something else this afternoon too: ing that premiums will keep going up. someone else’s money with little risk when it comes to fixing the problems Pick the issue. Whether it is the and large reward. They get to take that we see in the economy or in our stimulus, the debt, health care, bail- home their winnings and ask taxpayers healthcare system or anywhere else, outs, you name it, the concerns Repub- to save them from their losses. That is the days of taking the Democrats’ word licans raised are being validated. And how the system worked when they for it are over. Democrats have the nerve, in this de- brought our economy to the brink of There is a reason public confidence in bate, to say that we are the ones who collapse. government has slipped to one of its are being dishonest. Sadly, today the problem is it is still lowest levels in half a century, and it is As I said, all of us want to deliver a the way the system works. That is not because Congress takes its time to reform that will tighten the screws on what we are going to correct with this get legislation right. The reason Amer- Wall Street. But we are not going to be legislation, a bill that is the product of icans are so mistrustful of government rushed on another massive bill based months of bipartisan discussions, a bill at the moment is because on issue after on the assurances of our friends on the that embraces Republican ideas and issue, they feel as though they are other side. It is just this kind of rush Democratic ideas. being sold a bill of goods. The reason that gets us a $13 trillion debt, a tril- This afternoon’s vote is a vote mere- there is such a serious trust deficit out lion dollars for turtle tunnels and side- ly to begin debate; it is not the end of there is because what Americans see is walks to nowhere, and a so-called the process, just the beginning. All we so rarely what they get from Wash- health care reform bill, the primary ef- are asking is to be able to start debat- ington these days. fect of which, so far as I can tell, is ing. My Republican colleagues cer- Just consider the national debt, for higher taxes, higher premiums, and tainly do not hesitate debating this bill example. The International Monetary higher costs. Americans have been in press conferences or in interviews. Fund is right now warning us that rushed by this Congress before. They So why would Senators object to debat- mounting government debt is perhaps have seen the results. They are not ing it on the floor itself, the Senate the greatest single threat to the global going to be rushed again. floor? financial system. As a Senator, the Now when it comes to financial regu- Moving to this bill will move this President seemed to understand that. lations, my constituents have a fairly issue from the sidelines to the playing He said America’s debts and deficits short list of demands. They do not field. It will bring these proposals onto were spinning out of control and that want to be on the hook for recklessness the Senate floor so we can amend it was a failure of leadership not to ad- on Wall Street. And they do not think them, improve them, and act upon dress them. Yet under his administra- any financial institution should be con- them. It will ensure this debate is part tion, the debt has increased over $2 sidered too big to fail. But if the Sen- of the legislative process, broadcast trillion. In February, we ran the larg- ate votes to get onto the Dodd bill to- live on television so every American est monthly deficit ever. And this year night, there is good reason to believe around the country can watch and alone, we are expected to run a deficit we will never truly solve these core weigh it. Let’s have that debate. of $1.4 trillion. problems. There is one more reason we need to What about the stimulus? Congress Some on the other side may deny reform how this financial system passed this trillion dollar bill about 18 this. But the fact is, the bill that the works. For far too long, too many on hours after the legislative text was majority leader wants to bring to the Wall Street have bet on failure—yes, available, because Democrats said they floor tonight still contains a number of on failure. They have made billions needed it right away to keep unem- loopholes that enable future bailouts. betting on the housing market col- ployment from rising above 8 percent. This is not just me talking. A finance lapsing or other failures in the eco- A year later, unemployment is hov- reporter on National Public Radio last nomic system. ering around 10 percent. It is even week said he could not find a single ex- We will see this afternoon whether higher in Kentucky and other States. pert who was willing to agree with the enough Republicans on Capitol Hill are We have lost some 4 million jobs since administration’s claim that this bill determined to bet on failure also. I the President took office, and every puts a stop to taxpayer funded bail- hope not. day, it seems, we hear about some new outs, not a single expert who was will- f wasteful project funded by this bill. ing to say this bill really solves the RECOGNITION OF THE MINORITY Then there is health care. The White problem we were asked by our con- LEADER House and its allies in Congress told stituents to solve. Is not that reason The ACTING PRESIDENT pro tem- the American people again and again enough to slow down? pore. The Republican leader is recog- and again that this legislation was ab- If we can not look our constituents nized. solutely necessary in order to cut the in the eyes and tell them with absolute cost of care and to ensure our Nation’s certainty that we have addressed their f economic security. Americans were core concerns, then tell me: Why are FINANCIAL REGULATION skeptical. They wanted us to take our we voting on this bill? Mr. MCCONNELL. Mr. President, time. But Democrats said they could The Democrats want us to trust them later today, the Senate will cast its not wait. They cut their deals and on this one. With all respect, Ameri- first vote in the debate over financial jammed it through. cans aren’t in a trusting mood at this regulation. Now we are beginning to see who was point. The burden is now on the Demo- And let me just say this at the out- right in that debate. crats to prove it when they say their set: Republicans are united in our de- Last Thursday, a report out of the legislation will or will not do some- sire to protect the taxpayer from those Department of Health and Human thing. To a lot of Americans that is who would put them and our Nation’s Services concluded that the health care what this debate has become. It is financial system at risk through reck- bill falls short of the President’s goals. about proving to our constituents and lessness, stupidity, greed, or some com- Rather than cutting costs, it is ex- to the rest of the country that Con- bination of the three. pected to increase them. gress can actually deliver on its assur- But as we consider this legislation The White House also said the bill ances. today, Republicans are also acutely would not raise taxes on the middle Americans aren’t inclined to take aware of the fact that government so- class. Yet now we are finding out that our word for it when we say this bill lutions to big, complex problems like nearly 15 million middle class Ameri- doesn’t allow for bailouts, that it won’t this one are rarely as effective as they cans, as defined by the White House, kill jobs, or that it won’t enable the are made out to be, especially when will get hit with a tax increase. The administration to pick winners or los- they are rushed. White House said premiums would ers, like it did with the auto bailout.

VerDate Mar 15 2010 13:44 May 31, 2013 Jkt 089102 PO 00000 Frm 00002 Fmt 0686 Sfmt 0634 E:\BR10\S26AP0.000 S26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 6212 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 5 April 26, 2010 They have heard all that before. This a national security issue where the syndicate that takes people who are time, they want us to prove it. United States has an unsecured border coming across our border illegally to They want us to prove that this bill between Arizona and Mexico which has Tucson, puts them in vans, taking doesn’t allow for bailouts or the kind led to violence, the worst I have ever them to Phoenix and distributing them of regulatory overreach that ends up seen, and numbers that stagger those all over the country. These individuals punishing Main Street under the guise who are unfamiliar with the issue— come from as far away as China. of reforming Wall Street. They want us such as 241,000 illegal immigrants were Have no doubt of the extent of the to show them where it says in the text apprehended on the Tucson sector bor- problem, the organization, the cruelty, that the next time there is a crisis, the der of Arizona in the last year. Do the the barbarity of the challenge we face, government will have to seek permis- math. You have three to five times of the drug cartels and the human sion from he taxpayer if it is thinking that number who actually cross, so we smugglers that are just south of our about creating a new bank debt guar- are talking about a million people border, and the State of Arizona has antee program. At the moment, we crossing the border illegally. been bearing the brunt of it. The ad- can’t say this. That is unacceptable to This is not just a human smuggling ministration has failed to act. We need my constituents. And it is unaccept- issue. This is a drug issue. Our borders 33,000 Border Patrol agents down on the able to the rest of the country. are unsecured, and the flow of drugs border. We need the National Guard, We can solve this problem. But we across the border is staggering. Last 3,000 troops. We need to take a number won’t solve the problem if we vote for year in the Tucson sector alone, there of other steps Senator KYL and I will cloture tonight. A vote for cloture is a were over 1.3 million pounds of mari- describe. This situation is the worst I vote that says we are done listening to juana apprehended, 1.3 million pounds have ever seen. It is time for the Fed- the American people on this issue. And on the Arizona border. The numbers of eral Government to act. If you don’t a vote against ending this debate is a methamphetamine, cocaine, and other like the bill the legislature passed and vote for bipartisanship, for working drugs crossing the border by the drug the Governor signed in Arizona, then out an iron-clad solution to the prob- cartels is staggering. The Los Angeles carry out the Federal responsibility to lem of too big to fail. A vote against Times reported last week that over secure the border. You probably ending this debate tonight is a vote 22,000 Mexican citizens have been killed wouldn’t have had this problem. that says it is no longer enough to tell in drug wars against the cartels. Have The ACTING PRESIDENT pro tem- our constituents to trust us. It is a no doubt, this is an existential govern- pore. The Senator from Arizona. vote that says this time, we will prove ment between the Government of Mex- Mr. KYL. May I ask my colleague, it. ico, the drug cartels, and the human who has been down on the border fairly I yield the floor. smugglers who work together, and the recently. He went to the Tucson sector security of the United States. which is a sector that has about half of f The violence has already spilled all of the illegal immigration in the en- RESERVATION OF LEADER TIME across our borders, and unless we get it tire United States coming across; is The ACTING PRESIDENT pro tem- under control, it will get worse. Three that correct? CCAIN. I have. If it was 241,000 pore. Under the previous order, the American citizens were murdered in Mr. M last year that were apprehended, there leadership time is reserved. Juarez, Mexico as they were trying to find their way home. A rancher in are estimates that as many as five to f southern Arizona was murdered as he one are not apprehended. So that could MORNING BUSINESS was out patrolling his own property. have been over a million people who The people in southern Arizona have crossed the Arizona border illegally in The ACTING PRESIDENT pro tem- had their rights violated by the 1 year. That is staggering in itself. pore. There will now be a period of unending and constant flow of drug Mr. KYL. The point here is, the Tuc- morning business until 3 p.m. with smugglers and human traffickers son sector is one of two sectors in Ari- Senators permitted to speak therein across their property. Their homes are zona. It is maybe 60 percent of our for up to 10 minutes each. being broken into. Their rights are southern border. The Yuma sector may The senior Senator from Arizona. being violated, their rights as Amer- be the other 40 percent. The Tucson Mr. MCCAIN. I ask unanimous con- ican citizens to live in a safe and se- sector ends at the New Mexico border. sent to engage in a colloquy with my cure environment, as most of the pun- We are talking about a couple of hun- colleague from Arizona, Senator KYL. dits who are criticizing this legislation dred miles, give or take—not that The ACTING PRESIDENT pro tem- enjoy. much area when we consider the entire, pore. Without objection, it is so or- The fact is, our borders are broken. more than 2,000-mile border all the way dered. They are not secure. It is a Federal re- from the Gulf of Mexico to the San f sponsibility to secure our borders. It is Diego area. About one-tenth of the en- not being done. Senator KYL and I have tire border area accounts for over half ILLEGAL IMMIGRATION a 10-point plan that can be enacted im- of all the illegal immigration. My col- Mr. MCCAIN. Mr. President, as is mediately in order to secure the bor- league was there within the last month well known by my colleagues and most ders and secure them quickly. or so. I was down in the Yuma sector. Americans, over the last several days, Before I ask my colleague to com- The reason I mention these two sectors the Governor of Arizona signed legisla- ment, there is a question about wheth- is that it is literally the tale of two ap- tion, which is controversial, which is er we can secure our borders. Of course, proaches to immigration reform. As designed to affect the issue of illegal we can. We have seen in the Yuma sec- Senator MCCAIN said, there is abso- immigrants into the country across the tor of Arizona a dramatic decrease in lutely no doubt that application of the Arizona border. That legislation was illegal crossings and drug smuggling. right principles and resources to the enacted by the Arizona legislature and Again, I want to mention to my friend border can secure the border. signed by the Governor because of the from Arizona, have no doubt that this Let me give my experience in the frustration the Governor and the legis- is not just a human smuggling problem Yuma sector and then ask my col- lation and, indeed, the majority of my and people trying to cross the border league to talk a little more about the constituents have over the Federal illegally to find work. This is a human Tucson sector. Those are the two sec- Government’s failure to carry out its smuggling cartel aligned with the drug tors in Arizona. The Yuma sector has responsibility to secure our border. cartels that are sending drugs across virtually eliminated illegal immigra- Many viewed this as a civil rights our border and killing our citizens. The tion. There is still substantial drug issue. There is no intention whatsoever cartels and the human smugglers are a smuggling, and that is a lot of what to violate anyone’s civil rights, but direct threat to the security of this Na- they are focused on right now. How this is a national security issue. This is tion. Two weeks ago a highly organized could this have happened? Mainly three

VerDate Mar 15 2010 13:44 May 31, 2013 Jkt 089102 PO 00000 Frm 00003 Fmt 0686 Sfmt 0634 E:\BR10\S26AP0.000 S26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 26, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 5 6213 things. First, they completed the fenc- see a big impact. And then 8,000, 7,000, dinary work done by the chairman of ing in that particular area. There are probably 5,000 this year. We can see the the Banking Committee and his staff just a couple miles left to go, but they impact of the fencing. The personnel on developing this vital legislation. have 11 miles of very good, new double and Operation Streamline have made a Many of my colleagues on the com- fencing in the urban area around Yuma huge difference. mittee and I worked together to de- and then vehicle barriers beyond that. Mr. MCCAIN. May I ask unanimous velop a bill that protects, educates, and There are some areas where it is even consent, with the indulgence of my empowers consumers and investors. triple fenced. They have enough Border friend from Hawaii, for 3 additional The legislation incorporates many Patrol agents, though we have to be minutes. ideas from Members of both parties. We careful we don’t take some from the The ACTING PRESIDENT pro tem- must act quickly to enact this bill. Yuma sector to send over to Tucson pore. Without objection, it is so or- A lack of consumer protection was a where they need more, because it is a dered. core cause of the financial crisis. Pro- little bit like these wars abroad. Once Mr. KYL. Mr. President, I have made spective home buyers were steered into you take the area, you need to have my point here. Senator MCCAIN is abso- mortgage products that had risks and enough troops to hold the area or, lutely right. If you want to do it, you costs they could not understand or af- when you leave, bad guys come back can do it. You just have to apply the ford. in. We need the Border Patrol there. If will and the resources. What worked in We must do more to protect con- we could add some National Guard the Yuma sector could work in the sumers. This legislation includes essen- troops, as my colleague has rec- Tucson sector, and almost all of those tial protections to do so. The new Con- ommended, it would absolutely be the things are included in the 10-point pro- sumer Financial Protection Bureau has final personnel solution. I can remem- posal Senator MCCAIN and I have made. tremendous potential for restricting ber when the Guard was withdrawn and Mr. MCCAIN. Could I also emphasize predatory financial products and unfair there was only one guardsman left in that the violence is worse than it has business practices. The bureau will the Yuma sector, and they still stayed ever been. Mr. President, 22,000 Mexi- work to prevent unscrupulous financial away. I am not even sure if he had his cans have been murdered on the Mexi- services providers from taking advan- weapon with him. But let’s put it this can border. American citizens have tage of consumers. way: The bad guys on the other side of been murdered on our border. This is The legislation also creates an Office the border, whether it is the cartels or no longer a situation where someone of Financial Literacy within the bu- others, do not want to mess with the from Mexico or some other country de- reau. The Financial Literacy Office is U.S. military. They won’t. That is the cides they want to cross our borders. tasked with developing and imple- reason my colleague, then-Governor These are highly organized, highly so- menting initiatives intended to edu- Napolitano, and many others believe phisticated, well-equipped, well- cate and empower consumers. A strat- we need more National Guard on the trained, armed cartels. Drug and egy to improve the financial literacy border. human smuggling cartels coordinate among consumers that includes meas- The third thing that brought illegal with each other through these cor- urable goals and benchmarks must be immigration in the Yuma sector al- ridors. They have better communica- developed. most to an end is called Operation tion than our enforcement agencies due I am also proud of the work we have Streamline. It is very simple. When to our lack of interoperability. They done in the bill to better protect, in- you cross the border, you get thrown in have sophisticated equipment. They form, and empower retail investors. My jail. The first time it is for about 2 are even sending drugs over using proposal to create an Investor Advo- weeks; second time, 30 days. After that, ultralights. cate within the Securities and Ex- it could be 60 days. The sheriffs tell us This is a struggle for the existence of change Commission is in this legisla- that about 17 percent of the people the Government of Mexico. This is a tion. It is necessary to create an Office they apprehend are criminals in the struggle on our side of the border for of the Investor Advocate within the United States or are wanted for crimes the fundamental obligation any gov- SEC to strengthen the institution and here. Obviously, that is the 17 percent ernment has; that is, to provide its ensure that the interests of retail in- you want to catch. You want to put citizens with secure borders. Right vestors are better represented. The In- them in jail. The rest of them want to now, our citizens are not safe, and vestor Advocate is tasked with assist- come here for work. They can’t work therefore the Federal Government ing retail investors to resolve signifi- and make money while they are in jail. should be fulfilling its responsibilities cant problems with the SEC or the self- That is a huge disincentive for them to to provide the necessary equipment regulatory organizations, SROs. The cross in that area. So what the Border and manpower to secure our borders. Investor Advocate’s mission includes Patrol and the Department of Justice As my colleague from Arizona just identifying areas where investors did was to say, if you cross in this area, pointed out, it can be achieved. It is would benefit from changes in Commis- you go to jail. They stopped crossing in now a massive failure on the part of sion or SRO policies and problems in- that area. They gradually expanded the Federal Government. They should vestors have with financial service pro- those areas until it finally covered the also fund it. viders and investment products. The entire Yuma sector. Now illegal immi- I thank my friend from Arizona, and Investor Advocate will recommend pol- grant coyotes and cartel folks know I thank my colleague from Hawaii for icy changes to the Commission and that if they try to bring somebody his indulgence. Congress in the interests of investors. I across in the Yuma sector, imme- The ACTING PRESIDENT pro tem- have highly valued the contributions of diately those people are going to jail. pore. The Senator from Hawaii. the National Taxpayer Advocate, Ms. Then they will be going back home, so f Nina Olson. Ms. Olson has helped us de- they don’t try it anymore. As a result velop policies that have improved the the statistics are, as Senator MCCAIN FINANCIAL REGULATORY REFORM lives of taxpayers. A similar office in pointed out, in the Tucson sector you Mr. AKAKA. Mr. President, enact- the SEC will benefit retail investors. had almost a quarter of a million peo- ment of emergency legislation in the The creation of the Office of the Inves- ple last year apprehended. Who knows fall of 2008 to stabilize the financial tor Advocate has widespread support how many more were not apprehended. markets and the economy brought with from consumer, labor, and industry or- How many in the Yuma sector? This it an obligation to reform our financial ganizations. Ms. Barbara Roper, direc- year, 4,946 so far—from a quarter of a system to make it fairer for working tor of investor protection for the Con- million almost to 4,000. It wasn’t al- families. sumer Federation of America, has stat- ways so in the Yuma sector. In 2006, I support S. 3217, the Restoring ed that: 118,000 were apprehended. The next American Financial Stability Act of For far too many years, investors have year, it went down to 37,000. We could 2010. I appreciate all of the extraor- found it difficult to make their voices heard

VerDate Mar 15 2010 13:44 May 31, 2013 Jkt 089102 PO 00000 Frm 00004 Fmt 0686 Sfmt 0634 E:\BR10\S26AP0.000 S26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 6214 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 5 April 26, 2010 at the SEC on uses that are important to small loans. This legislation would en- er, and I can almost hear him now say- them while business interests have domi- courage banks and credit unions to de- ing something about the party of no as nated the agency agenda . . . velop consumer-friendly, small-dollar we talk about the financial regulation The text of an amendment I had de- loan alternatives. Consumers who bill. Well, I would say to my friend the veloped which clarifies that the SEC apply for these loans would be provided majority leader that he is rapidly be- has the authority to effectively require with financial literacy and educational coming the leader of the party of no by disclosures prior to the sale of finan- opportunities. offering so many ‘‘no’’ motions because cial products and services is included One example of an innovative payday the motion this afternoon is one more in the legislation. Many working fami- lending alternative that has been de- of a record number of ‘‘no’’ motions of- lies rely on their mutual fund invest- veloped can be found at the Windward fered by the majority leader to say no ments and other financial products to Community Federal Credit Union in to more amendments, no to more de- pay for their children’s education, pre- Kailua, HI. Windward FCU has devel- bate, no to checks and balances on a pare for retirement, and attain other oped an affordable alternative to pay- runaway government in Washington. financial goals. We must ensure work- day loans to help the U.S. marines and What we on the Republican side have ing families have the relevant and use- the other members they serve. This been trying to do on the financial regu- ful information they need when they program was developed with a National lation bill is to work with the majority are making decisions that determine Credit Union Administration, NCUA, party and the President to help fashion their future financial condition. I ap- grant. a set of rules and regulations that preciate the efforts of Senator MICHAEL More working families need access to takes us from the financial crisis we had a few years ago, and which con- BENNET on this issue. affordable small loans. We must en- tinues today in the lives of Americans I worked with Senator KOHL to de- courage mainstream financial service everywhere, to complete a bill most of velop title XII of the legislation, which providers to develop affordable small us can support so we can say to Amer- is intended to increase access to main- loan products. ica and say to the world: These are our stream financial institutions for the Finally, title XII will enable commu- rules and regulations. We have done unbanked and the underbanked. About nity development financial institutions one in four families is unbanked or our job. We have set the rules. Even if to establish and maintain small-dollar Republicans capture control of the underbanked. Many are low- and mod- loan programs. I appreciate all of the erate-income families who cannot af- Congress in November—which we hope work done by Senator KOHL and his we do—these still will be the rules be- ford to have their earnings diminished staff on title XII. cause we did this in a bipartisan way, by reliance on high-cost or predatory Working families often send substan- the kind of way the President talked financial services. Underbanked con- tial portions of their earnings to fam- about when he campaigned for election sumers rely on nontraditional forms of ily members living abroad. In my home a couple of years ago. credit, including payday lenders, title State of Hawaii, many of my constitu- Well, unfortunately, that is not what lenders, or refund anticipation loans ents remit money to their family mem- has been happening. It has just been for financial needs. The unbanked are bers living in the Philippines and other one ‘‘no’’ motion after another from unable to save securely for education nations. Consumers can have signifi- the majority leader—a record number expenses, the downpayment on a first cant problems with their remittance of them. And he will even bring that home, or other financial needs. Regular transactions, such as being over- up, which I would respectfully say I checking accounts may be too costly charged or not having their money would not do. Twenty-six times the for consumers unable to maintain min- reach the intended recipient. majority leader has filled the amend- imum balances or unable to afford Remittances are not currently regu- ment tree. That is a ‘‘no’’ motion that monthly fees. Poor credit histories lated under Federal law, and State says no more amendments. He has done may also hinder their ability to open laws provide inadequate oversight. The it nearly as much as the last five ma- accounts. bill will modify the Electronic Fund jority leaders combined. He has the More must be done to promote prod- Transfer Act to establish remittance record in saying no more amendments, uct development, outreach, and finan- consumer protections. It will require no more debates, and no more checks cial educational opportunities at banks simple disclosures about the costs of and balances on what the Congress is and credit unions intended to empower sending remittances to be displayed in doing. There have been 141 times the consumers. Title XII authorizes pro- the storefront and provided to the con- majority leader has filed cloture on the grams intended to assist low- and mod- sumer prior to and after the trans- same day a measure came up. That is erate-income individuals establish action. A complaint and error resolu- simply another no motion. It says no bank or credit union accounts and en- tion process for remittance trans- to more amendments, no to more de- courage greater use of mainstream fi- actions would be established by the bates, no to more checks and balances nancial services. legislation. on the legislation Congress is consid- Title XII will also encourage the de- We must act quickly to enact this ering. velopment of small affordable loans as legislation that will protect, educate, Someone may say: Well, let’s get on an alternative to more costly payday and empower consumers and investors. with it. Why do we need these checks loans. Payday loans are cash loans re- The ACTING PRESIDENT pro tem- and balances? We were reminded over paid by borrowers’ postdated checks or pore. The Senator from Tennessee. the weekend of why we need the checks borrowers’ authorizations to make Mr. ALEXANDER. Mr. President, I and balances. All of us remember the electronic debits against existing fi- ask unanimous consent to speak as in health care debate resulting in the nancial accounts. Payday loans often morning business. health care law which passed this have extraordinarily high interest The ACTING PRESIDENT pro tem- Chamber by a partisan majority. We rates. pore. We are in morning business, with were here day after day after day with Loan flipping, which is a common Senators recognized. the Democrats meeting in secret. The practice, is the renewing of loans at Mr. ALEXANDER. Mr. President, I vote came up in the middle of a snow- maturity by paying additional fees can actually speak in morning busi- storm, 1 a.m. in the morning, had to be without any principal reduction. Loan ness, not as if I were in morning busi- done before Christmas, nearly 3,000 flipping often leads to instances where ness. pages before it all got through. No the fees paid for a payday loan well ex- f check and balance on that bill. We ceed the principal borrowed. This situ- were saying slow down. Wait a minute. ation often creates a cycle of debt that FINANCIAL REGULATORY REFORM This bill is making a fundamental mis- is very hard to break. Mr. ALEXANDER. Mr. President, we take. It is expanding a health care de- There is a great need for working will be voting at 5 o’clock this after- livery system we all know we can’t af- families to have access to affordable noon on a motion by the majority lead- ford, when instead we should be taking

VerDate Mar 15 2010 13:44 May 31, 2013 Jkt 089102 PO 00000 Frm 00005 Fmt 0686 Sfmt 0634 E:\BR10\S26AP0.000 S26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 26, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 5 6215 steps together to reduce its costs so to vote on? Why would we say—in the stead, we seem to have a campaign more Americans can afford to buy middle of debate and discussion to im- team at the White House that says, health insurance. prove the bill—let’s rush it on through; Let’s play a little politics and make it So over the weekend, a report issued no, to more amendments; no, to more look like the Republicans are in bed on Thursday by the Chief Actuary of debate; no, to more checks and bal- with the Wall Street bankers. They the Center for Medicare and Medicaid ances. even said Republicans took contribu- Services—he is the chief health actu- There are some pretty big issues to tions from Wall Street bankers, but ary in the Federal Government; what resolve to make sure we have it right. when the newspapers added it all up, it did he say? Lo and behold, his analysis There is general agreement, I think, looks like the Democrats got more showed it will increase health care across both sides of the aisle that we contributions from the Wall Street costs instead of lowering them. In want a situation where we don’t have bankers than the Republicans did. So if other words, we will increase—we will these big banks that are too big to fail. the race is about politics and if the increase—spending on a health care de- The Senator from Virginia, who is the race is about who took the most money livery system we all know we can’t af- Presiding Officer today and my col- from the Wall Street bankers, the ford today. Yet off we went with our league, and Senator CORKER from Ten- Democrats win. That is not the basis new $1 trillion bill. It will raise pre- nessee worked for a year on this. I upon which we should be deciding this. miums on health care. It will threaten went to some of their sessions. It is I like the way the committee was seniors’ access to health care. It will complex stuff, but they were coming up working on it for the last year: Repub- threaten access for Medicaid patients, with a bipartisan solution to the prob- lican and Democratic teams working to creating, in effect, a health care bridge lem. One of the advantages of a bipar- solve big, complex problems for the to nowhere for a great number of low- tisan solution is, A, it might be more country that produces 25 percent of all income Americans who will find they likely to be right; and, B, it almost cer- the money in the world and is the ac- can’t get a doctor or, in Washington tainly is more likely to be accepted. If knowledged financial capital of the State, that Walgreens will not fill their there is a Corker-Warner or Warner- world. But, instead, we seem to have at prescription. This will make that prob- Corker solution, Republican-Demo- least a fraction of the administration lem worse. To those who are going to cratic solution on banks that are too that says: We won the election, we will be serving as Governor between 2014 big to fail, then the American people write the bill, and up comes the major- and 2019, it is very bad news because it might look up here and say: OK, if they ity leader with another ‘‘no’’ motion, a talks about the increased cost of Med- both agree on it, maybe they are right. historic, record number of ‘‘no’’ mo- icaid, which is the largest government Maybe I will not worry about it, and I tions. health care program, and how many of will not spend my next 3 years trying I am here simply to say this: This is those costs are being passed on to to repeal it. Well, the same thing was a piece of legislation that presents States. I know, in our State, our legis- true on other parts of the issue, and I President Obama and our Congress lature—Republican—and our Gov- commend Senator DODD, the chairman with a historic opportunity to do some- ernor—a Democrat—have said we don’t of the committee, for starting out in thing right. We are coming out, we see how we can afford this. It is esti- that direction. He was working with hope, of a great recession. We need mated to be roughly $1.1 billion, but Senator SHELBY on this side on consoli- some signals to our country and to the potentially could be as high as $1.5 bil- dating bank regulators and consumer world that things are stabilizing. Every lion. It is going to cause State tax in- protection. Senator REED on the Demo- small businessperson or big business- creases, tuition increases at the public cratic side and Senator GREGG were person I talk with says: A little cer- universities, and I believe it will seri- working on reforming oversight of de- tainty would help. We are not going to ously damage American public edu- rivatives. As I said, Senator WARNER hire another person; we are not going cation. Anyone can read this for him- and Senator CORKER were working on to invest another dollar until we get a self or herself. systemic risk, the too-big-to-fail issue. little more certainty in the business So over the weekend, the Chief Senator SCHUMER and Senator CRAPO environment in America, and people Health Actuary of the Federal Govern- were working on securities and ex- are waiting to see how we are going to ment said the health care law does change issues and corporate govern- deal with this too-big-to-fail issue. Are what we Republicans feared it would. ance issues. They weren’t coming to an we going to put up rules that will give But the psychology on the other side of agreement on every single one of these big banks an advantage over commu- the aisle was: We won the election. We issues—the last one is especially dif- nity banks? Are we going to put in reg- will write the bill. We will pass it even ficult—but they are making some real ulations that are so cumbersome that by a partisan majority, unlike civil progress. Even yesterday, Senator they move the financial capital of rights, unlike Medicare, unlike Med- SHELBY, who is the ranking member, America from New York City and Chi- icaid, unlike social security. It was a and Senator DODD said on NBC’s ‘‘Meet cago to Washington, DC, or even to purely partisan bill, with no checks the Press’’—Senator SHELBY said: ‘‘We London and Singapore and Shanghai, and balances, and the American people are closer than we have ever been.’’ Mr. along with the jobs and the prestige see the results. DODD added: ‘‘We will get it together.’’ and the opportunity for an increased Here we go again, this afternoon at 5 Well, if we are closer than we have standard of living that goes with it? o’clock. This should be a very different ever been and we will get it together, We have, within our grasp, an oppor- situation. It is a very important bill. It why are we having this ‘‘no’’ vote tunity to do as Senator SHELBY and is the financial regulation of this coun- today? Why are we saying no to more Senator DODD said. We are close to get- try. This country produces 25 percent amendments, no to more debate, no to ting it together. We think we will get of all the money in the world every checks and balances? it together. If we were to get it to- year. Twenty-five percent of the wealth That is a serious question for the gether, if we were to be able to rely is created by this country, for just 5 American people. If I were to suppose upon the work of Senator WARNER and percent of us who are privileged to live in my State what the major issue be- Senator CORKER and the others I men- here. So one would think we would be fore the people of Tennessee is today, it tioned who worked together over the as careful as we could be in getting this is that many Independents, almost last year and stand together with the done. every Republican, and some Democrats President and let him say: Republicans For a long time on this bill, many would say: We need some checks and and Democrats have been working for Members of the Senate on both sides of balances on a runaway Washington more than a year on this. We have the aisle have been working on it care- government. Well, here is an oppor- taken enough time to develop a con- fully and in a bipartisan way. So why tunity to have some checks and bal- sensus in the Senate, a consensus be- would we bring another one of these ances on a runaway Washington gov- tween parties, that this is the right record-setting ‘‘no’’ motions up today ernment and to get things right. In- thing to do for our country and we

VerDate Mar 15 2010 13:44 May 31, 2013 Jkt 089102 PO 00000 Frm 00006 Fmt 0686 Sfmt 0634 E:\BR10\S26AP0.000 S26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 6216 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 5 April 26, 2010 want to tell the American people these cial system, to end ‘‘too big to fail,’’ to pro- a special recognition and award, be- are the rules for financial regulation tect the American taxpayer by ending bail- cause he predicted this in 1999, when he and tell the world that the United outs, to protect consumers from abusive fi- said: nancial services practices, and for other pur- States of America is capable of gov- We will, in 10 years time, look back and poses. erning itself and writing its rules and say: We should not have done that [repeal doing it in a bipartisan way, think of Mr. DODD. Mr. President, as I under- Glass-Steagall] because we forgot the lessons the signal that would send to this stand it, there is a vote scheduled at 5 of the past. country and to the world. It might be a p.m., is that correct? He went on to say: tipping point in the recovery from the The ACTING PRESIDENT pro tem- This bill will, also, in my judgment, raise great recession, that kind of signal pore. That is correct. the likelihood of future massive taxpayer from Washington, DC. I can’t think of Mr. DODD. And the time between bailouts. It will fuel the consolidation and a better one. Yet the vote today is the now and 5 p.m. will be for general de- mergers in the banking and financial serv- bate on the matter of the motion to ices industry at the expense of customers, opposite. It is another ‘‘no’’ motion. No farm businesses, family farmers and others. to debate. No to amendments. No to proceed, is that correct? That is absolutely amazing. He abso- working together. No to checks and The ACTING PRESIDENT pro tem- lutely totally completely nailed it. He balances. pore. That is correct. predicted it would lead to ‘‘future mas- I hope we prevail on this motion and Mr. DODD. Mr. President, I see my sive taxpayer bailouts.’’ I think we I hope we will say yes to more amend- friend and colleague from Delaware, should listen to Senator DORGAN now ments, yes to more debates and yes to Senator KAUFMAN. How much time and any prediction he makes about checks and balances and I hope the re- does the Senator need? what we are going to do today in the sult is a financial regulation bill af- Mr. KAUFMAN. About 16 minutes. Senate. fecting this country that all of us can Mr. DODD. I yield 16 minutes to the He also said quite presciently: vote for—or at least most of us can Senator from Delaware. vote for; that we can proudly give each Mr. KAUFMAN. Mr. President, I We also have another doctrine . . . at the thank the Senator from Connecticut Federal Reserve Board called too big to fail. other credit for. That is the way we Remember that term, too big to fail. . . . like to work. That is why we came to for the incredible work he has done on putting this bill together. It is a his- They cannot be allowed to fail because the the Senate. When the country sees consequence on the economy is catastrophic that, they will have more confidence in toric effort. It is the third historic ef- and therefore these banks are too big to fail. us, in this government, in the economy fort he has taken on this year. That is . . . That is no-fault capitalism; too big to and the world may, too, and we will not just a word, ‘‘historic;’’ it is put- fail. Does anybody care about that? Does the have taken an important step forward; ting into perspective the last 40 years. Fed? Apparently not. and the President will be able to say: The Senator from Connecticut has been These words would work just as well Look, this is the way I wanted to do it a leader on three truly historic pieces on the floor today. How many of us all along. This is what I campaigned of legislation this year. I have never thought the term ‘‘too big to fail’’ was on, and I am glad we have worked to- seen a Member do that. There were coined only in this recent disaster? Not gether to get 70 or 80 votes in the Sen- credit card reform, bringing up the Senator DORGAN. He knew and warned ate to get a consensus on a financial health care reform bill, and now the fi- about too big to fail in 1999. regulation bill to get this country mov- nancial regulatory reform bill. He also said: ing again. I return to the floor to discuss the I say to the people who own banks, if you I yield the floor, and I note the ab- problem of too big to fail, which I re- want to gamble, go to Las Vegas. If you want sence of a quorum. main convinced is a key issue in any fi- to trade in derivatives, God bless you. Do it nancial reform bill. First, I urge my with your own money. Do not do it through The ACTING PRESIDENT pro tem- the deposits that are guaranteed by the pore. The clerk will call the roll. colleagues to vote yes on the motion to proceed, because these issues are of American people and by deposit insurance. The legislative clerk proceeded to Again, right on point, and perfectly call the roll. profound importance to our country accurate today. BYRON DORGAN and Mr. DODD. Mr. President, I ask unan- and they deserve to be debated and voted upon. Brooksley Born were warning about de- imous consent that the order for the rivatives in 1999, but we did not listen, quorum call be rescinded. For example, it was over 10 years ago that Congress debated and passed the And America suffered a catastrophe of The ACTING PRESIDENT pro tem- monumental proportions—less than 10 pore. Without objection, it is so or- Gramm-Leach-Bliley Act, which for- mally repealed the Glass-Steagall Act’s years after these prophetic words were dered. spoken. Mr. DODD. Mr. President, what is the sensible and longstanding separation of Finally, Senator DORGAN said: business before the Senate? commercial banking and investment banking. While this landmark legisla- I will bet one day [I think we are at that f tion passed the U.S. Senate by a 90-to- day] somebody is going to look back at this CONCLUSION OF MORNING 8 margin, there were some voices who and they are going to say: How on Earth could we have thought it made sense to BUSINESS spoke out then that the bill would lead allow the banking industry to concentrate, The ACTING PRESIDENT pro tem- us on a glided path to disaster. through merger and acquisition, to become pore. Morning business is closed. I recently reread the speech given in bigger and bigger and bigger; far more firms 1999 by the senior Senator from North in the category of too big to fail? How did we f Dakota, and I was thunderstruck, think that was going to help this country? RESTORING AMERICAN FINANCIAL truly, by how accurately BYRON DOR- Well, Senator DORGAN, you were STABILITY ACT OF 2010—MOTION GAN warned then about the future. right, and we have arrived at that day. TO PROCEED There were eight people who voted Let me repeat: Did it help our country? The ACTING PRESIDENT pro tem- against the Gramm-Leach-Bliley Act. Will it help our country in the future? pore. Under the previous order, the They were Senators BOXER, Bryan, Each Senator has to answer that ques- Senate will resume consideration of DORGAN, FEINGOLD, HARKIN, MIKULSKI, tion. the motion to proceed to S. 3217, which SHELBY, and Wellstone. I first came to Senator DORGAN knew that further the clerk will report. this body as a staff person in 1973. I unbinding the financial industry would The assistant legislative clerk read have seen times when a few people in accelerate the process of deregulation as follows: the Senate—I don’t think either party and lead to far greater risks, ushering Motion to proceed to the consideration of has a monopoly on it—get together and in a new era of too big to fail and an S. 3217, a bill to promote the financial sta- say the Senate is off in the wrong di- ever more casino-like version of finan- bility of the United States by improving ac- rection. Those eight people said that cial capitalism. He knew that by lifting countability and transparency in the finan- on that day. Senator DORGAN deserves basic restraints on financial markets

VerDate Mar 15 2010 13:44 May 31, 2013 Jkt 089102 PO 00000 Frm 00007 Fmt 0686 Sfmt 0634 E:\BR10\S26AP0.000 S26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 26, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 5 6217 and institutions and, more impor- crisis, should not pass the buck to the If we are to prevent another financial tantly, by failing to put in place new very regulators who failed to prevent crisis, we must move forward with this rules to deal with the market’s ever the crisis in the first place. Congress debate and act strongly in the interests more complex innovations, that this must do it, as it did in the 1930s, by of the American people. deregulatory philosophy would unleash separating commercial from invest- Mr. President, I yield the floor. the forces that would cause our finan- ment banking activities and putting Mr. DODD. Mr. President, I suggest cial crisis and great recession of 2008. limits on the size and leverage used by the absence of a quorum. I could not agree more with Senator systemically significant banks and The ACTING PRESIDENT pro tem- DORGAN. Banks and other financial in- nonbank players alike. This is a pro- pore. The clerk will call the roll. stitutions that are too big to fail have posal I introduced last week with Sen- The assistant legislative clerk pro- ceeded to call the roll. become only more so today. They are ator BROWN and other colleagues. Mr. DODD. Mr. President, I ask unan- so large, so complex, and so inter- Of course, there are those who make imous consent that the order for the connected that they cannot be allowed the argument that the problem is not quorum call be rescinded. to fail because their demise would really about size; that these institu- threaten the stability of the overall fi- The ACTING PRESIDENT pro tem- tions are not actually too big to fail. pore. Without objection, it is so or- nancial system. Instead, they say institutions such as There are those on the other side of dered. Lehman Brothers were actually too Mr. DODD. Mr. President, I suspect the aisle who propose to simply let interconnected to fail based upon inter- them fail. They say the solution is to sometime over the next hour and a locking counterpart exposures arising half, Members will come to the floor— stand back and let these megabanks from credit derivatives and repurchase follow the normal corporate bank- including the Presiding Officer—and I contracts. will be glad to take a few minutes and ruptcy process. I call that ‘‘dangerous But trying to contrast the distinc- and irresponsible,’’ a slogan of an an- share some opening comments and tion between too big to fail and too then give him relief so he can be heard swer, not a real solution. President interconnected to fail is a distinction Bush did not allow that to happen, and on this matter. without a difference. The massive I thank Senator WARNER and my col- no President should be faced with that growth from the derivatives market, leagues on the Banking Committee, decision again. When Lehman failed, including that for credit derivatives, both Democrats and Republicans. We our global credit markets froze and which intertwine the fates of banks, have spent a lot of time together over creditors and counterparties panicked. hedge funds, and insurance companies We have the opportunity today to re- the last 2 years now—longer, in fact, through side bets on whether mort- structure our financial industry so going back even before the arrival of gages, corporate bonds, or other assets that it will be safe for generations. my friend from Virginia. would pay off, moved in lockstep with When I became chairman of the That is what the Senate did in the 1930s the runaway growth of the megabanks’ Banking Committee in January of 2007, when it passed the Glass-Steagall Act, balance sheets. I was asked to pick up this issue. We and it withstood the test of time for six All of these activities interconnected began to look at the issue of the mort- decades. their fates, while also making them far When I look at the current legisla- gage crisis in the country through all tive approach, in my view it relies too more risky and far bigger, so big, in of 2007 and, of course, the following much on regulator discretion and on a fact, that the failures would threaten year when events began to unfold, cul- resolution mechanism that is ulti- the stability of the financial system. minating with the disaster we encoun- As Senator BROWN and I emphasized mately unworkable for the largest and tered in the fall of 2008. last week, our bill is a complementary The members of the committee have most complex financial institutions. worked very hard. We have had lit- Under this arrangement, the idea, not a substitute to the Banking erally hundreds of hearings and meet- megabanks will still have incentives to Committee bill. There are many regulatory provi- ings, listening to people across the arbitrate their capital requirements, sions in that bill that are designed to thereby continuing to grow and take spectrum of how best to address these make the megabanks less risky and on even greater and greater risks. issues, filling in the gaps that led to The six largest U.S. banks have as- less interconnected, and we strongly the near collapse of our economy; what sets totaling more than 63 percent of support them. But why gamble that the steps we ought to be taking to provide our overall gross domestic product. Fif- regulators will do a better job now and intelligent, thoughtful, commonsense teen years ago, the six largest U.S. well into the future when they have regulation, as well as to see to it, in banks had assets equal to just 17 per- the power today to impose a redundant the process of doing so, we do not stifle cent of gross domestic product. In 15 fail-safe solution to limit the size and the ability of this country to lead in years, it went from 17 percent to 63 per- leverage of our biggest banks? We will the financial sector globally; as well as cent. not lose out globally, other than in a provide for the innovation and cre- Instead of girding a broken regu- race to financial destruction. The lim- ativity necessary for our country to latory system, Congress must act deci- its Senator BROWN and I propose would grow and prosper economically, the sively now to end the ‘‘doom loop’’ shrink these banks from massively wealth creation that is necessary for Senator DORGAN accurately identified large institutions to only large institu- our country. It has been a long and ar- and warned the Senate about in 1999. tions, at a size well beyond the level at duous journey. We need stronger statutory medicine. which economies of scale are achieved. I was speaking with BOB CORKER of I believe the time has come for Con- As Senator DORGAN asked in 1999: Tennessee, with whom I spent a great gress to draw hard lines and high walls Why leave oversized institutions in deal of time, as I know the Presiding in statute. We need statutory size and place when they are too big to fail? In- Officer has as well. I thank Senator leverage limits on banks and nonbanks stead, we should meet the challenge of SHELBY, my colleague and former in order to eliminate too big to fail. the moment and have the courage to chairman of the Banking Committee, Senator DORGAN said he is working act to limit the size and practices of who is the ranking member on our on an amendment to address this prob- those literally gigantic financial insti- committee. We have spent a lot of time lem. I look forward to hearing more tutions, the stability of which is a on these issues, including some time from Senator DORGAN about his pro- threat to our economy. But we can earlier this afternoon, and we will be posals, and I hope the Senate will lis- only meet these challenges once the meeting again depending on the out- ten carefully to him since his credi- bill reaches the Senate floor. Again, I come this evening one way or the bility on this issue was born in the wis- urge my colleagues to vote yes on clo- other. We will continue our conversa- dom he showed in 1999. ture and not stand in the way of the de- tions to try to resolve some of these Congress, which represents the peo- bate and collective wisdom from this outstanding matters in a very long and ple who are most hurt by the financial body that this country so badly needs. complex piece of legislation.

VerDate Mar 15 2010 13:44 May 31, 2013 Jkt 089102 PO 00000 Frm 00008 Fmt 0686 Sfmt 0634 E:\BR10\S26AP0.000 S26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 6218 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 5 April 26, 2010 I will not enumerate every member this problem in its earliest stages, not happened 18 months ago could happen of the Banking Committee, but suffice to have eliminated the crisis but cer- again. The difference this time is I it to say, to this juncture, the work tainly eliminated the damage it caused don’t think there is an ounce of will- they have done has been tremendously because we did not have the cops on ingness on the part of the American helpful and has produced a good and the beat, we did not have the regula- people to write that check again. What strong bill on financial reform. tion, and we did not have what is ex- they are asking is for us to step up, to Today the Senate faces its first vote actly included in this bill to minimize think carefully—as we have tried to do on the issue, which will occur in a lit- the danger in the future. over the last year or so as we have tle less than 2 hours from now, decid- I have tried to explain this issue. Ob- gone through this process—and craft ing whether we can even go forward viously, it is complicated when you some ideas that would minimize that and debate the matter. My hope is our start talking in these words that are from happening again so there is not a colleagues will allow us to debate this archaic; talking about credit default huge part of our economy that is to- issue. swaps and derivatives and systemic tally unregulated, as we had with real I understand there are differences. risk and all the other terminology that estate brokers who on their Web site There is hardly unanimity in caucuses, is used to talk about financial services. had as their first rule to brokers, con- let alone in the Chamber, on the way But let me try to phrase this in more vince the borrower you are their finan- to go, particularly in areas involving graphic terms, if I can. cial adviser, when they were anything systemic risk, dealing with the so- Imagine coming home from a week- but their financial adviser. So they called too big to fail provisions, deal- end away. You have been away. You were luring people into mortgages they ing with the provisions of how we ad- have taken your family out on a trip couldn’t afford and convincing them minister the notion of exotic instru- and you come home to find the front they could pay for it, knowing full well ments, the derivative community, and door swinging wide open, flapping back they never ever could. Of course, the the like. Significant discussions have and forth. When you walk in the house, banks themselves were then bundling gone on. The assumption we are going you realize you have been robbed. Your these mortgages, only holding them for to resolve all of those issues prior to TV is gone, your furniture, your jew- 8 or 10 weeks and then selling them off, debating the issues is somewhat unre- elry, important documents, cash, and branding them AAA to unsuspecting alistic if we are trying to reach accom- family photos, all have been stolen out investors, and that created that bubble modation on all the various matters of your home. Maybe worst of all, there that ultimately was the major cause of that are included in the 1,400 pages of is broken glass and shattered pottery. the collapse. the proposal which we will have before Not only did they steal, but they de- Today, that same problem can exist this body. cided to wreck the house as well. So in the absence of the law we are put- Today my plea is not so much on the you are angry and frightened, won- ting before our colleagues. Maybe I substance of what is here, although I dering what is coming next and how should have said this at the outset, but am willing to discuss all of that be- much it will cost you to replace your we hardly claim perfection in what we cause it is important our colleagues TV and your stereo. Then you find out, have written here. Hardly. But we be- know what we have tried to achieve at the end of all this, that they have lieve they are sound ideas that deal and accommodate in our legislation, identified the robbers who have broken with these very issues that caused the but a plea to let us get to the debate. into your home and stolen everything problem in the first place, and what we I do not think the American people and, by the way, you have to write a need to do is to be able to debate those understand this. Regardless of where check to them. The very people who ideas. If my colleagues disagree, as you come out on the issues, whether caused the damage are now going to many do—some think I have gone too you stand on the various provisions of get a check written out to them—those far, some think I haven’t gone far the bill, I do not know how to explain who caused the problem in the first enough, and those are maybe two le- to people to make them realize how place. gitimate points—how are we to resolve vulnerable we are today in the waning Well, that is what happened, in ef- our disagreement if we can’t bring up days of April 2010 as we were in the fall fect, 18 months ago. People came in the bill and have the debate this Cham- of 2008 when we saw what happened to and robbed our homes, in effect. In ber was designed to engage in? What is our economy. Nothing has changed ex- fact, they took the home, they took the point of having 100 seats, coming cept, of course, jobs have been lost, the income, and they took the retire- from 50 States, when a major issue af- homes have gone into foreclosure, re- ment. They watched jobs go out the fecting our country cannot even be the tirement incomes have evaporated, and window. The very people who were re- subject of a debate? housing values have declined. Almost sponsible for it, of course, were sta- So I urge my colleagues—I urge $11 trillion in household wealth has bilized because we wrote a check for them—to let us get to this debate. Let been lost. That is what has happened $700 billion to stabilize those institu- us do our best to resolve these matters over the last 18 months. tions. As we did so, and, of course, we as adults, as people who have strong We have yet to stand and address got them back on their feet, the very views and feelings, many of which we what caused that to happen in our leaders of these industries began to agree on, by the way. I mentioned my country, to fill in those gaps to provide reap massive bonuses to put them- colleague from Virginia, the Presiding the regulation, put the cops on the selves on solid footing. So they have Officer. I don’t know how long MARK beat, create provisions that would min- benefited from this financially. Yet 81⁄2 WARNER and BOB CORKER spent—hun- imize the next economic crisis. And it million jobs were lost, 7 million homes dreds and hundreds and hundreds of will occur. There is nothing I have ended up in foreclosure, there was a 30- hours—to make sure that in this pro- drafted that can protect our country percent decline in home values and a posal never again would a financial in- from future economic difficulty. 20-percent decline in retirement of stitution in the United States of Amer- As certain as I am standing here working families, all who thought they ica reach such a status that it would be today, we will face yet another crisis were protected. All that is gone, and guaranteed implicitly that the Federal or crises in the future. The question is, somewhere between $11 trillion and $13 Government would bail them out when Are we going to be better positioned to trillion—not ‘‘b’’ as in billion but a they engaged in excessive risk and put minimize that crisis so we do not see trillion dollars—in household wealth themselves in great jeopardy. Our bill the collateral damage that has been has been lost in 18 months. does that. Without any question what- caused to businesses, individuals, re- If that is not wreckage of your soever, those entities, if they reach tirement, homes—all of the things that home—your economic home—I don’t that point, will fail. They will go into we have suffered because we did not know what is. Today, we are as vulner- bankruptcy, they will go into receiver- have in place the kind of safeguards able as we were 18 months ago. Our ship, and management gets fired. They that might have put a tourniquet on house is still unlocked, in a way. What don’t get a bonus, they get fired.

VerDate Mar 15 2010 13:44 May 31, 2013 Jkt 089102 PO 00000 Frm 00009 Fmt 0686 Sfmt 0634 E:\BR10\S26AP0.000 S26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 26, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 5 6219 Shareholders lose their resources or first thing you heard? Those cars are cipal responsibility of watching out for their investments, as well as do credi- being recalled so you would not be at the consumers of financial products. I tors, not to mention other problems as- risk in driving them. We hear of recalls think that is a major achievement for sociated with it. But the idea is, those all the time on products we buy. You our bill. entities go out of business, and we wind buy that nice TV and it doesn’t work, Lastly, let me mention the old issue them down in a way that doesn’t jeop- you can send it back, you can recall of these exotic instruments that I men- ardize other sectors of our economy. that product, and you will be protected tioned earlier that have complicated Nothing could be more clear in our as a consumer. definitions of what they do and how bill than that. If there was one issue I What happens when you get a finan- they work. One of the major problems think we all agreed on, it was to make cial product that doesn’t work or is de- is, of course, it has been an unregu- sure that didn’t happen. Again, the fective or certainly producing results lated area. It has been what they call Senators from Tennessee and Virginia, that were never intended but are caus- the shadow economy. To give an idea of and there were others, by the way, who ing major problems? Where do you go how the issue has exploded, in 1998, the were engaged in that debate in writing to get a recall on a faulty mortgage or area of derivatives generated about $91 this bill to achieve that desired result a credit card deal that is corrupt or billion in activity. That is 12 years ago. by the American people. fraudulent or deceptive or abusive? Last year—I think it was 2009 but the We also said: Look, one of the prob- Why shouldn’t we deal with financial last year we have numbers on this, the lems that happened over the years products that can bring someone to fi- amount of activity in this area jumped leading to this crisis is that we didn’t nancial ruin? We can do it with a toast- from $91 billion to almost $600 tril- even know what was going on out er, a TV or an automobile. Well, our lion—$91 billion to $600 trillion in 10 there. We heard Bob Rubin, the former bill sets up a Consumer Financial Prod- years in unregulated activities, in this Secretary of the Treasury, and we uct Safety Commission or bureau or di- shadow economy. It was those activi- heard Alan Greenspan and others— vision that we have established in this ties that also contributed so much to whether you believe them—who said we bill. So consumers themselves can have the economic difficulties we are going didn’t understand how this was hap- someplace to go to get redress. through. pening or why it was happening or even Rules can be written to protect them The Agriculture Committee, run by that it was happening. against abusive practices. I appreciate my good friend from Arkansas, Well, that excuse ought to never my colleague from Delaware men- BLANCHE LINCOLN, and the members of occur again. So we create in our bill tioning my credit card bill, but we her committee and our Banking Com- that early radar system—again, maybe shouldn’t have to write a bill every mittee have worked out a sound and a more graphic description of what the time there is a deceptive or fraudulent solid proposal on how we can protect Systemic Risk Council does. This is practice that does damage to con- the American consumers from these made up of various Federal agencies, so sumers. Why does it take writing a bill very risky instruments if they are not that there is not just one but a mul- every time there is a problem? Why not subjected to some basic rules of margin tiple set of eyes with differing back- have regulations in place that would requirements—capital. Let the Sun grounds and experience to deal with protect consumers? shine on them in the exchanges, where the economic issues of our Nation; to Let me mention what else that does. people can see the value. The market be constantly watching and monitoring It isn’t just protecting the consumer can determine that. All those things what is occurring out there and not from a faulty financial product. One of are critical. Derivatives are not a bad just in our own country, by the way, the most important elements in our thing. They are needed, in fact, to have but around the world. How many of us economy is consumer confidence—hav- economic growth and prosperity. The have read headlines over the past few ing a sense of optimism and confidence problem isn’t using them, it is how weeks about Greece and what problems or faith that our institutions will be they are used and whether they operate it may pose to Europe and other parts there to work for them and not against in the shadows or in the bright light, of our global economy or what hap- them. One of the great damages to our where everyone knows what they are pened in the Shanghai stock market a country—and I don’t know how you put and how to value them. That is in our number of years ago, where a decline in a number on it. I can’t cite the number bill as well. value in that exchange put the entire on home values lost or wealth lost or There is a lot more in this legisla- world in a tailspin for several days. So mortgages or foreclosures or jobs lost. tion, and my intention was not to go the notion that it is just what happens Tell me what price we put on the loss through and enumerate every section here at home on mortgages or other of the American public’s confidence in of the bill—all 12 sections of the bill. issues is not limited, it is also what our financial system. What is that My point to my colleagues is: Let us happens around the world today that number; that people no longer trust or get to this debate. Let us have a can affect us. have deep questions about whether chance. If you don’t like what I have Anyway, this part of the bill is de- they are going to be protected with done on consumer protection, on de- signed to be that early warning sys- their hard-earned dollar with that in- rivatives, if you don’t like what we tem—that radar system. Again, I wish surance policy or that stock they want have done on too big to fail, if you to thank my colleague from Virginia to buy? Not that they ought to be guar- don’t like what we have done on other and my colleague from Tennessee. One anteed a return on it but that there provisions in the bill, then come and of the provisions in that early warning isn’t going to be some deceptive, abu- bring up amendments. Let’s debate system is data collection on a daily sive practice that will put them at them and let’s have that ability to at basis, so we know what is happening risk. To me, that is about as important least try to shape this legislation. economically literally on an hour-to- an issue as you can have—confidence of At 5 o’clock this afternoon, for the hour basis. That will be a great value the American people that the architec- very first time since the crisis hit— as we sit there and try to make these ture of our financial system is one they other than the credit card bill and a assessments and pick up on these prob- can have faith in, that they can have housing bill that we had come out of lems in the earliest stages before they confidence in. That reputation has my Banking Committee—this is the can occur. been damaged severely over these last first chance we will have in 18 months, Consumer protection. This ought not number of months. since the worst economic crisis in 80 be a radical idea—to protect consumers I don’t claim what we have written in years—which we are still suffering from any problems financially. How this area of consumer protection solves from. I know the markets are doing many of us, of course, read the tragic every problem. But for the first time in better, I know corporations are doing news over the last few weeks about an our Nation’s history, for the very first better, I know the stock market is automobile manufacturer that had a time, we will have a consolidated con- making more money, but for most of us defective accelerator? What was the sumer protection agency with the prin- in this Chamber, we know it hasn’t

VerDate Mar 15 2010 13:44 May 31, 2013 Jkt 089102 PO 00000 Frm 00010 Fmt 0686 Sfmt 0634 E:\BR10\S26AP0.000 S26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 6220 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 5 April 26, 2010 quite reached down yet—the economic Mr. WARNER. Mr. President, I ask chasing without appropriate knowledge recovery—to average citizens who have unanimous consent the order for the or appropriate recourse, when these lost their jobs, who have lost their re- quorum call be rescinded. products explode in their faces. tirement, who have lost the wealth The PRESIDING OFFICER (Mr. Again, unlike the Presiding Officer they built up over the years. All that is KAUFMAN). Without objection, it is so who served around this body for many gone. For a lot of them it is not going ordered. years, I am a new Member. But I saw to come back. So what we need to do is Mr. WARNER. Mr. President, I rise where the chairman did something I step up and try to provide some an- today to urge my colleagues to support thought was somewhat unusual with a swers the American public is looking bringing forward Chairman DODD’s reg- major piece of legislation. Rather than for. A lot of the rage and fury and ulatory reform bill. The chairman has saying he had all the knowledge and all anger we are seeing around other issues just spoken with great passion about the input, he actually invited in the happened in no small measure because how we got here. I want to take per- members of the committee, junior of what happened to our economy and haps somewhat of a similar tack and members, senior members of both par- because of the failure to have regu- describe, as a new Member, why I think ties to set up working groups to take latory procedures in place, to have cops this legislation is so terribly impor- on some of the challenging aspects of on the beat to enforce those regula- tant. this bill—consumer protection, sys- tions, to be able to have the early I have had the opportunity today and temic risk, corporate governance, the whole question of derivatives. Let me warning system to identify problems on other Mondays, as is often noted, to state absolutely, because I can state before they spun out of control. sit in the chair and listen to my col- from the systemic risk/too big to fail Our bill, we believe, steps up and ad- leagues come in and talk about this issue. I heard today my colleagues talk portions, the products we developed dresses those issues. Again, give us the that are critical parts of this legisla- opportunity to at the very least debate about health care, talk about stimulus, talk about unemployment, as somehow tion are bipartisan in nature, bipar- them. We cannot get to the resolution tisan in ideas, and find that common of these matters if the matter is not on reasons why we should not start a de- bate about financial regulatory reform. ground that has been so absent from so floor. Senator SHELBY and I have been many of the previous debates we have I am not sure I understand the connec- talking. We talked over the weekend. had over the last 15 months—I think tion. We talked already this afternoon. We particularly about the fact of the sys- will meet again. Even if we get this Candidly, the American people could do with a little less political theater temic risk, too big to fail, and resolu- done and move to the bill, we have to ORKER and I and a little more action. Regardless of tion authorities Senator C sit down and work out how to manage worked on. There has been no better what happens this afternoon at the all of this, so I thank him again for his partner I could have had than Senator vote at 5 o’clock, I hope—and I hon- willingness to do that. I deeply believe BOB CORKER, grinding through hun- estly believe most of my colleagues on Senator RICHARD SHELBY of Alabama dreds of hours, recognizing there was both sides of the aisle hope—that we wants to get to a bill, as I believe do no Democratic or Republican response will get to that agreement in a bipar- most of my colleagues here, but we to systemic risk and too big to fail, but tisan new set of rules of the road for cannot ever get there if we do not have we had to get it right. While there may the financial sector that will stand the that debate. be parts of this bill that can still be test of time for not a year or two but I did not mean to speak this long but tightened and need to be tweaked here I wanted at least to let my colleagues for decades to come. and there, and the Senator and I may Before I get into a substantive dis- know how important I believe this add a few improvements, on the over- cussion about how we got here and how issue is. Frankly, I don’t think it arching goal of making sure the tax- I believe the Dodd bill takes dramatic serves our interests well to be scream- payers never again would be on the steps forward, there is one other issue ing at each other about who cares more hook, I believe we have taken giant I need to address. I have sat in the about this issue than the other. I think steps forward. chair as the Presiding Officer and have it unfortunate that a number of my Re- As you heard from the chairman al- heard—and I know as Presiding Officer publican friends who I know care about ready, those conversations are ongoing we have to bite our tongues some- this very much would be branded that even today. Please, while we kind of times—colleagues come forward and somehow they don’t care about it to get sometimes subject in this body to somehow portray this piece of legisla- such an extent that they would not hyperbole, anyone who makes the tion as a partisan product. even let it get to a debate. They have claim that this legislation is partisan I have only been here for 15 months ideas on this legislation. They want only doesn’t recognize the facts or has but in the 15 months I have had the their amendments considered and they not seen the experience of the members honor of serving this body, I have not don’t want to be told you cannot even of the Banking Committee over the seen any piece of legislation that any- do that because we do not have some last 15 months. where approaches the type of bipar- large, sweeping agreement on a bill Let me also acknowledge—and I rec- tisan input, discussion, and ongoing di- here. ognize I have a number of things I want alog that Chairman DODD’s bill has. to say and maybe other Members want Senator SHELBY and I are very close Literally, in the 15 months I have had to come, but let me acknowledge some- on some issues that we think we can the honor of serving on the Banking thing else about this discussion. Six- reach an understanding. Basically we Committee, we held dozens if not hun- teen months ago, when I came to this are there in a lot of these matters. I dreds of hearings on the objectives of body, I actually thought I knew some- had hoped maybe we would get there this legislation, objectives, again, that thing about the financial services sec- before this afternoon, but there is no I think colleagues on both sides of the tor. I spent 20 years prior to being Gov- reason to stop all this, in my view, and aisle agree upon: making sure there is ernor around financial services, taking not get to the adoption of the motion never again taxpayer bailouts for mis- companies public. I had some ideas to proceed. takes made by too large financial insti- about how we would sort through these For all of those reasons, I urge my tutions, making sure we have more issues. I have to tell you what I quick- colleagues at 5 p.m. to vote to proceed transparency and, as the chairman ly found was that oftentimes my origi- to this matter and let us take the next said, a return of a sense of fairness to nal idea, or oftentimes the simplistic few days to consider this legislation. our whole financial product system sound bite solution that I thought I suggest the absence of a quorum. and, third, that ultimately the Amer- might be the solution, more often than The ACTING PRESIDENT pro tem- ican people, the consumers of this Na- not proved not to be the case and that pore. The clerk will call the roll. tion, will make sure there is somebody trying to sort our way through this The bill clerk proceeded to call the watching out for the financial products labyrinth of financial rules and regula- roll. that sometimes they have been pur- tions in a way that brings appropriate

VerDate Mar 15 2010 13:44 May 31, 2013 Jkt 089102 PO 00000 Frm 00011 Fmt 0686 Sfmt 0634 E:\BR10\S26AP0.000 S26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 26, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 5 6221 regulation but maintains America’s open because that was the purview of believe there are two real dangers as preeminent role as the capital mar- another regulator. we go down this reform path. One is to kets’ capital of the world has been Regulators, under our existing rules, resort to sound-bite solutions that at challenging. were actually prohibited from looking first blush sound like an easy way to Again I thank my colleague Senator at derivatives. Derivatives, as the solve the problem but in actuality may CORKER. I think we both realize there Chairman mentioned, in the last dec- not get to the solution we need. is no Democratic or Republican way to ade have gone from what seems like a I know we are going to have a fervent get this right but we had to get it large number—$90-plus billion—to lit- debate on this floor—and I look for- right. Over the last year we have set up erally hundreds of trillions of dollars in ward to it—about the question of literally dozens of seminars where we value. whether the challenge with some of our invited members of the Banking Com- Responsibility continues, again, in institutions was their market cap or mittee to come in and kind of get up to some of our monetary policy. In the was it really putting pressure on the speed as well. Fifteen months later, early part of the 2000s—and again, not regulators to look at their level of with this legislation now before the many people sounded the alarm at that interconnectedness and the level of floor, I think we have taken giant steps point. We overrelied on low interest risk-taking that was taking place. I forward in getting it right. rates and monetary policy to pull us look forward to that. There are valid I also want to revisit for a moment, out of the 2001 recession. But as we points on both sides. When we get to before we get to the substance of the came out of that 2001 recession, we left that debate, I will point out the fact bill, how we got here. I have actually those monetary policies in place, which that in Canada, where there is actually been stunned sometimes, sitting in the led to a housing bubble for which we a higher concentration of the banking Presiding Officer’s chair, hearing col- are still paying the price. industry than in the United States, be- leagues come in and try to cite as the I know some of my colleagues on the cause there was greater regulatory causation of the crisis that arose in other side said this bill does not take oversight and actual restrictions on le- 2007 and 2008 a single legislative action on the GSEs, Fannie Mae and Freddie verage, those Canadian banks didn’t back in the 1970s or a single individ- Mac. And, yes, to a degree, they are fall prey to the same kind of excess we ual’s activities over the last two dec- right. And then, in a subsequent ac- found here in the United States. ades. The claims are so patently ab- tion, we will have to make sure we I know the chairman and Chairman surd, sometimes they do not even bear have a new model in place for these in- LINCOLN are working through the ques- recognition or bear rebuttal. But it is stitutions. But that should not be used tion of derivatives, where they should important to take a moment to look as an excuse to not put in place major be housed, because they do provide im- back on the fact that none of us comes financial regulatory reform. portant tools when used properly. And with clean hands to this process of how Candidly, if we are going to be really there will be a spirited debate on we got to such a mess in 2008 that we truthful with each other and the Amer- whether we should break off deriva- were on the verge of financial melt- ican people, we have to acknowledge tives functions from financial institu- down. that everyone—not just the banks but tions. I look forward to that discus- Think about the fact back in the everyone—got overleveraged. Quite sion. By simply breaking off these early 1990s, back in 1993, Congress actu- honestly, we all, the American people, products into a more unregulated sec- ally passed legislation to give the Fed- probably need to take a look in the tor of the industry, we could, in effect, eral Reserve the responsibility to regu- mirror as well. I think, as we bought if we do not do it right, create an even late mortgages—responsibility that we those adjustable rate mortgages; took greater harm down the road than we have seen time and again they didn’t out that second and third loan on our have right now. take up the challenge to meet. home; ended up getting that deal that So the first challenge is to make sure The Presiding Officer spoke very elo- seemed too good to be true; moved we don’t fall prey to the simple solu- quently earlier this afternoon about away from the conventional idea that tions and recognize the complexities of the actions of Congress in 1999, the you ought to go ahead and, before you these issues. Gramm-Leach-Bliley bill, that basi- get a mortgage, be able to put 20 per- The other challenge we have to be cally broke down the walls between cent down and be able to show you can aware of is the converse. I know the traditional depository bank and invest- pay it back, we all got swept up in this chairman has heard, I know the Pre- ment banking that had been set up by ‘‘who cares about tomorrow; let’s just siding Officer has heard—any of us who the Glass-Steagall Act in the early borrow for today.’’ have tried to get into this issue have 1930s. Where the Presiding Officer and I We also saw innovations, and Amer- had folks from the financial industry may differ now is I am not sure we can ican capitalism has worked pretty well, come in and talk to us about the un- unscramble those eggs, but clearly we particularly in the last 100 years. But foreseen consequences of any of our ac- needed a little more thought back in we particularly saw innovations in the tions. Some of those arguments are 1999, as we internationalized our finan- last 5 or 6 years alone, innovations that valid, but oftentimes those arguments cial markets and turned these large in- originated on Wall Street that were are simply—they always start the stitutions into financial supermarkets, supposed to be about better pricing same: We favor financial reform, but which was one of the precipitating fac- risks: derivatives and all of their cous- don’t touch our portion of the financial tors in this crisis as well. ins, nephews, and bastard offspring. sector because if you do this, the unin- Candidly, bank regulators were not But these tools that were supposed to tended consequences would be enor- given the tools to regulate, and often- be a better price risk we have now mous. times regulators of both depository in- found were more about fee generation Because the knowledge level and the stitutions, their bank holding compa- for the banks that created them and, complexity of these discussions are so nies, and their securities firms, had no instead of lowering overall risk, cre- challenging, what we also have to fight collaboration or coordination. ated this intertangled web that, once against in this body is the more easy During our hearings in the Banking you started to put the string on, poten- process to default to the status quo be- Committee when we looked into one of tially brought about the whole collapse cause timidity in this case will not the most egregious excesses in the last of our markets. solve this crisis and will not provide few years, the Bernie Madoff scandals, Time and again, we saw, rather than the new 21st-century financial rules of we heard regulators had started down transparency in the market, opaque- the road we need. the path to try to find out the source of ness and regulators who never looked We can’t be afraid to shine the light some of the criminality that took place beyond their silos. on markets or, for that matter, to raise in the Madoff case, only to find because I think most all of our colleagues the cost of certain activities, because of our mismatch of regulatory struc- want reform. Colleagues on both sides the unforeseen consequences of the ture they got to a door they couldn’t of the aisle want to get it right. But I interconnection of these activities, as

VerDate Mar 15 2010 13:44 May 31, 2013 Jkt 089102 PO 00000 Frm 00012 Fmt 0686 Sfmt 0634 E:\BR10\S26AP0.000 S26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 6222 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 5 April 26, 2010 we saw in 2007 and 2008, pose grave risk how far and how close they are coming went back and looked at how we got in to our financial system—and as we to the brink, is a great challenge. the crisis of 2007 and 2008 was that the have seen with the 8 million jobs lost So working with folks from the Fed regulators didn’t realize the state of and literally trillions of dollars of and experts across the country, this interconnectedness of some of the in- value lost from the American public. bill includes a whole new category stitutions they were supposed to be So what does S. 3217 do to accomplish within the capital structure of those regulating. No one had a current, real- this? I spent most of my time on the large institutions: contingent debt. time market snapshot of all of the two titles that Senator CORKER and I There will be funds within the capital transactions that were taking place on worked on and the chairman and his structure that will convert into equity a daily basis, so nobody knew what staff adopted and changed a bit but at the earliest signs of a crisis. Why is would happen if you pulled the string that still provide the framework and, I this important? This is important be- on AIG, even though it was their Lon- believe, the right structure. cause if this debt converts into equity, don-based office, what would happen if First—the chairman has already the effect it has on the existing share- those contracts suddenly all became mentioned this—we create for the first holders is it dilutes them. It takes suspect. time ever an early warning system on money right out of their pockets. So By creating this Office of Financial systemic risk. If there is one thing that existing shareholders will have a real Research, we will give the regulators has become clear from all of the hear- incentive to hold management ac- and the systemic risk council, on a ings that have been held, not just at countable, not to take undue risks, be- daily basis, the current state of play the Banking Committee but under Sen- cause long before bankruptcy or resolu- across all the markets of the world. ator LEVIN’s Investigations Committee tion we will be able to have this trigger This tool, if used correctly, would be another terribly important early warn- and Chairman LINCOLN’S Agriculture in place that will convert this debt into Committee, it is that there was very equity, diluting existing shareholders ing system. But as the chairman has little combination and sharing of infor- and, candidly, diluting management as mentioned, with all this good work, we mation between the regulatory silos. well. How effectively we use this tool still can’t predict there will never be The chairman’s bill creates a nine- has yet to be seen, but it will provide another financial crisis. Chances are member Financial Oversight Council another early warning check on these Wall Street and others, creativity chaired by the Treasury Secretary and large institutions. being what they are, will find some made up of the Federal financial regu- The second new addition to the chair- way, even with all this additional regu- lators. This group will bear the respon- man’s bill is basically funeral plans for latory structure and oversight. We can sibility, both good and bad, if they these large institutions. What do I never predict there might not be an- mess up, of spotting systemic risk and mean? I mean a management team will other crisis. So what do we do? First and foremost, what this bill putting speed bumps in place because have to come before their regulators puts in place is a strong presumption we can never prevent another future and explain how they can unwind for bankruptcy so that creditors and crisis, but to do all we can to slow and themselves in an orderly way through the market alike will know what hap- minimize the chance of those crises. the bankruptcy process. We heard stories—I will not mention pens if they get themselves in trouble. The most important part of this sys- the institution—we heard stories in the Particularly for these largest institu- temic risk council is it will actually height of the crisis in 2008 about how tions that are systemically important, share information, so no longer will we certain very large international insti- they will have to have their have one regulator who is looking at tutions in effect came before the regu- preapproved, in effect, bankruptcy fu- the holding company, another regu- lators and said: You have to bail us out neral plan on the shelf so that we can lator looking at the depository institu- because we cannot go through bank- pull that off in the event of a crisis and tion, a third looking at the securities ruptcy; it is just too hard. Never again allow the institution to go through an concerns and not sharing that data. should any institution be allowed to be orderly bankruptcy process. Again, We will place increased cost on the in that position. And if we use this tool bankruptcy will be the preferred option size and complexity of firms. The larg- correctly—this is an area where I know of any reasonable management team est, most interconnected firms will be the Presiding Officer has great inter- because through bankruptcy there is at required—not optional but required—to est—if the regulator does not sign off least some chance they may emerge on have higher capital, lower leverage, on the funeral plan for this institution, the other side in some form or another. better liquidity, better risk manage- on how it can unwind itself, even with They may be able to keep their job, if ment. Those have all been traditional many of its international divisions, they are part of management. Some tools that have already been in our reg- through an orderly bankruptcy proc- shareholders may still have some eq- ulatory system, but this systemic risk ess, then the regulator can, in effect, uity remaining. council will require those large institu- make this institution sell off or dispose What happens if we have a firm that tions to meet all of these higher of parts that can’t be done through a doesn’t see the inevitable and isn’t costs—in effect, their cost of being so regular order of bankruptcy. By doing willing to move to bankruptcy? What large and interconnected. this, we create the expectation in the happens if we have a circumstance But what we are also bringing to the marketplace that bankruptcy will al- where the failure of an institution table are three brandnew tools that I ways be the preferred option. could cause systemic risk and bring think, if executed and implemented Never again will there be an excuse down the whole system? correctly, will provide tremendous that, we are too big and too com- With an appropriate check and bal- value in preventing that next financial plicated to go through that orderly ance—and again, I commend Senator crisis. Those three tools are contingent process. Creditors and the market will CORKER for his additions—in effect, si- debt, our so-called funeral plans, and know there is a plan in place that has multaneous action of three keys: the third, the Office of Financial Research. to have been approved by the regulator Treasury Secretary, the head of the Since these are new tools, let me spend and constantly updated so we have a Fed, the FDIC, and additional over- a moment on each. way out. sight—all of these actions taking place, One of the things we saw in the 2007, The third area—again, I was very there then is an ability to say, how do 2008 crisis was that as these firms got pleased to hear the chairman mention we resolve an institution, in effect put to their day of reckoning, it became this because within the press and the it out of business—unlike in 2008 where virtually impossible for them to raise commentary, it has gotten no informa- the government invested, in effect, in a additional capital and shore up their tion or no focus at all—is the creation conservatorship approach that said: We equity. Once they start going down the of a new Office of Financial Research will prop you up to keep you alive be- tubes, the ability to attract new inves- within the Treasury. cause we don’t know what to do with tors, particularly from a management One of the things we heard time and you to keep you alive because you are team that sometimes doesn’t recognize again from regulators as we kind of so large and systemically important.

VerDate Mar 15 2010 13:44 May 31, 2013 Jkt 089102 PO 00000 Frm 00013 Fmt 0686 Sfmt 0634 E:\BR10\S26AP0.000 S26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 26, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 5 6223 We have created in this bill a resolu- to pay for it, I am sure there are other transforms itself into an industrial end tion process that says: If you as a man- ways and we can find that common user. Secondly, while these contracts agement team are crazy enough not to ground. are unique, they have to have more go into bankruptcy, but actually allow What we did in this process of resolu- light shown on them in terms of clear- resolution to take place, you are going tion is we said: Let’s take what is ing and exchanges. out of business. Senator CORKER said: working. Let’s see what is best from I know Chairman DODD and Chair- You are toast. Your management team the FDIC process which currently re- man LINCOLN and Senator REID and is toast. Your equity is toast. Your un- solves banks on a regular basis. One of Senator GREGG will be working secured creditors are toast. You are the things I have heard from some of through this. One suggestion I would going away. my colleagues on the other side—I have—because as someone who has Again, we are going to put this insti- don’t know about their community seen Wall Street act time and again, I tution out of business in a way that banks, but my community banks in wish them all the luck—part of my does not harm the overall financial Virginia; I would bet the community concern is that whatever rule we come system. We have to have an orderly banks in Delaware and the community up with, there is so much financial in- process. banks in Connecticut—we don’t want centive on the other side that a year or We saw during the crisis of 2008 what to get stuck paying the bills for the two from now, we may be back because happens when one of these institutions large Wall Street firms that bring the they found a way around it that we fails without any game plan. We saw system to the brink of financial catas- again need to give the regulators cer- the value of these institutions dis- trophe. So, again, one of the aspects of tain trip wires. I, for one, believe we appear overnight as confidence in the the chairman’s bill is to make sure any ought to take the industry at its word. market, confidence within the market resolution process does not burden, The industry says end users are only in the institution was lost. So working charge, or in any way otherwise inter- going to be 10 percent of total deriva- with my colleagues and experts from fere with community banks. tive contracts. Then let’s put that in as the FDIC and others, we said: What you What we think we have struck is a a regulatory goal. If they end up ex- have to do is, you have to have some process that puts costs on those insti- ceeding that, then we can bring draco- dollars available to keep the lights on tutions that make the business deci- nian consequences to bear. Or if they so that you can sell off the portions of sion to get large and systemically im- say, yes, we can make most of these the institution that are systemically portant. We think we have put in place transactions and most of these con- important and unwind this in an or- abilities for the regulators, with the fu- tracts transparent through clearing or derly way that doesn’t have an effect, neral plans, to make sure if this inter- exchange, great; let’s accept them at the equivalent of a run on the bank or connectedness is so large that they their word. a run on the financial system. can’t go through bankruptcy, then we But if they don’t get to those totals, Again, we have heard critiques of the can stop them from taking on these then perhaps some of the actions that approach Senator CORKER and I came new activities. But because we can’t al- particularly Members on my side of the up with in this resolution fund, this ways predict eventuality, we have then aisle would like to take can be put in ‘‘how do you put yourself out of busi- said: If you need to use a resolution place. But, again, folks of goodwill can ness in an orderly way’’ fund. We actu- process, let’s make sure it is orderly, find common agreement. ally thought it ought to be paid for by paid for by industry, and that you have Finally, the area around consumer the financial industry, with the ability stood it up in a way that no rational protection, where the chairman and then to have that fund, in effect, re- management team would ever expect the ranking member have worked at plenished after the crisis is over. or want to choose resolution. great length to kind of sort this I saw polling today that shows the I know my colleague from New through, everybody agrees on the com- overwhelming majority of Americans Hampshire has been a great partner in mon goal. There needs to be enhanced actually think the financial sector this legislation and is on the Senate consumer protection, particularly for ought to bear the cost of unwinding floor. I will end with just a couple more the whole nonregulated portion of the one of these large, systemically impor- moments. There are other parts of this financial industry that now exceeds the tant firms. Let me say, if there are bill that have not received a lot of at- regulatory half. Too often it was the other ways to do it—as a matter of tention. In this bill, the chairman has community bank that was chasing the fact, some in the administration have included an office of national insur- mortgage broker on some of the bad fi- suggested other ways—I am sure we ance. nancial products because there was no can find common ground as long as we One of the things we saw in the crisis regulation on the mortgage broker to do have at least two principles: First in the fall of 2008 was that nobody start with. So, again, there will be dif- and foremost, the taxpayer must be knew how entangled AIG’s activities ferences, but I think the approach of protected, and industry, not the tax- were with the whole financial system. the chairman, which is to keep this payer, has to take the financial expo- This doesn’t get to the question of who with the appropriate rulemaking abil- sure. Second, funding has to be avail- should regulate insurance companies, ity but to make sure, particularly for able quickly to allow resolution to but it does create at the Federal level those smaller banks, that we don’t end work in a way to orderly unwind the at least the knowledge within the in- with conflicting information of a con- process. But it ought to be done in a surance sector of its interconnected- sumer regulator showing up on Monday way—again, this is where some of the ness. The chairman has mentioned that and a safety and soundness regulator judgment comes in—where there is not he and Chairman LINCOLN are working showing up on Wednesday, to do that in so much capital available that we cre- to grapple through one of the toughest a combined fashion so there is com- ate a moral hazard, but a bailout fund parts of the bill—again, an area I know monality of message, particularly to is created. my colleague, Senator GREGG, has been smaller banks, that strikes that right Personally, I believe the House legis- working on: How we get it right around balance. lation goes too far in creating a fund of derivatives. Again, I can only say for the banks in that size. I think the chairman’s mark Again, there is no policy difference. my State of Virginia, those smaller strikes a much more appropriate bal- Both sides agree derivatives are an im- banks who oftentimes have said they ance. But if there are ways to do this portant tool when used appropriately. didn’t cause the crisis—and they that protect the taxpayer, allow speedy Particularly industrial companies need didn’t—they are the first to say: We resolution with funds that will be to use the derivative to hedge against need enhanced consumer protection to available so we don’t have a run on the future risk within their business. The make sure that our financial products market, a run on the institution that challenge is, how do we not draw that are regulated by the type of product, creates more systemic risk, as long as end user exemption so large that every not by the charter of the institution the industry at the end of day is going institution on Wall Street suddenly that issues the product. There may be

VerDate Mar 15 2010 13:44 May 31, 2013 Jkt 089102 PO 00000 Frm 00014 Fmt 0686 Sfmt 0634 E:\BR10\S26AP0.000 S26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 6224 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 5 April 26, 2010 ways to improve on this section. But, plex piece of legislation, it is difficult written against them, although they again, I think Senator DODD and Sen- to debate in a sense that is understand- divide into pretty understandable cat- ator SHELBY are working to get it able because there is so much of a tech- egories. right. nical aspect to the bill. Within the bill that came out of the We have seen, as well, major action Let’s start with the purpose or what Agriculture Committee, there was, for on the rating agencies, questions I believe the purpose should be. Our lack of a better word, an antipathy ex- around underwriting. There are tre- purpose should be, one, to do as much pressed toward the entities which pres- mendous parts of this bill that haven’t as we can to build a regulatory regime ently manage the derivatives market been the subject of great criticism be- which will reduce the potential for an- in this country, which are essentially cause they are that common ground other event, the type of which we had the large financial houses. There was that, I think Senator SHELBY has said at the end of 2008 where we had a mas- an equal antipathy expressed relative in earlier quotes, 80 or 90 percent of sive breakdown in the financial system to the entities that use these deriva- both sides agree on. Where we don’t and, as a result of huge systemic risk tives, including large amounts of man- agree, we ought to debate and offer being built into the system, which ufacturing companies in this country, amendments. wasn’t properly regulated and cer- people who are dealing with financial I look forward to candidly working tainly was not handled correctly by ei- debt instruments in this country, peo- with a number of colleagues on the ther the financial institutions or by ple who are dealing with the housing other side of the aisle on technical the Congress—the Congress maintains markets in this country. amendments to this bill where we a fairly significant responsibility for It was almost as if somebody sat think we can make it slightly better. the meltdown that occurred at the end back and said: We dislike these folks, But if we are going to get there, we of 2008, for the policies that we had and we are going to put in place a re- have to get to the debate. running up to that period in the area of gime which will sort of gratuitously I hope we move past procedural back- housing. That should be our first goal, penalize them for the business they do and-forth that, as a new guy, I still prospectively, trying to reduce sys- because we do not like it. It is too big. don’t fully understand. I think it is temic risk as much as possible in the It is too complicated. I think the peo- time to fully debate this bill out in the system and putting in place policies ple who wrote it felt it was not under- open. The chairman made mention of which will accomplish that. standable and, therefore, they decided what has been taking place in the last The second goal, however, should be to put forward proposals which would few weeks in Greece. I know the Pre- that we maintain what is a unique and fundamentally undermine the capacity siding Officer has helped educate me on rare strength which America has, to do derivatives in this country. a whole new activity that is taking which is that we have the capacity as a Is that bad? Yes, it is very bad be- place in the financial markets right country to create capital and credit in cause derivatives basically are used for now around high-speed trading and co- a very aggressive way so entrepreneurs the purpose of making commerce work location that could be the forbear of who are willing to go out and take in our Nation, of making it possible for the next financial crisis. risks have access to capital and credit, people to borrow money in our Nation, How irresponsible would we be, 18 that creates jobs, and that creates the of making it possible for companies in months after, again, the analogy of the dynamics of our economy. our Nation to sell overseas, of making chairman, after our house was broken We should not put in place a regu- it possible for people to put a product into, when we haven’t even put new latory regime that overly reacts and, in the stream of commerce and to pre- locks on the door, if we ended up with as a result, significantly dampens our sume that when they enter into an another robbery, whether it was caused capacity to have the most vibrant cap- agreement on that product, the price by internatinoal action or whether it ital and credit markets in the world would not be affected by extraneous was caused by high-speed trading, be- while still having safe and sound cap- events, such as the fluctuation of cur- cause we don’t have new rules of the ital and credit markets. rency costs or fluctuations in material road in place? The bill the Senator from Con- costs. So it is critical we get the de- In the 15 months I have had the necticut is bringing forward, I pre- rivatives language right. honor of serving in the Senate, I can’t sume, is going to have a lot of different There needs to be a significant new think of a piece of legislation that bet- sections in it. I want to focus on one look at the regulatory regime of de- ter represents what is good about the because it has become a point of sig- rivatives. The essence of the exercise Senate, folks on both sides of the aisle nificant contention, and that is the de- should be transparency, maintaining coming forth with their ideas, trying rivatives section. Derivatives are ex- adequate capital for the counterparties to fashion a good piece of legislation. I traordinarily complex instruments, and margins, liquidity. That should be can’t think of an area where there is and there are a lot of different vari- where we focus our energy: trying to less traditional partisan, left versus ations of derivatives. They are basi- make sure the different derivatives right, Democrat versus Republican di- cally insurance policies on an under- products that are brought to the mar- vides. I can’t think of an applause line lying product that is occurring some- ket are as transparent as possible and better, whether I am talking to a group where in the economy. Their notional also have behind them the support they of liberal bloggers or folks from the tea value is almost staggering. There is need in the form of collateral, capital, party, than the notion that we have to $600 trillion of notional value out there and margin, so if something goes wrong end taxpayer bailouts. in derivatives, which is a number that they will be paid off, for lack of a bet- I urge my colleagues on both sides of nobody can comprehend. But you can ter word. the aisle, let’s get through the proce- understand it is a pretty big issue. This proposal, as it came out of the dural wrangling. Let’s find that com- Notional value means, of course, that Agriculture Committee, does not try to mon ground that I think we are 90 per- if everything were to go wrong at the accomplish that. Rather, it tries to es- cent of the way there. Let’s pass a bill same time, you would have $600 trillion sentially eviscerate the use of deriva- that gets 60, 70, 80 Members of the Sen- of insurance sitting out there that had tives as products amongst a large seg- ate and set financial rules of the road to be paid off. That obviously is never ment of our economy. It sets up some- that will last not just for the next con- going to happen. But the fact is, it thing called section 106, where it essen- gressional session but for decades to shows the size of the market and what tially says the people who are doing de- come. its implications are. There are all sorts rivatives today, which are, for the I yield the floor. of different elements to this market. It most part, financial markets, must The PRESIDING OFFICER. The Sen- is not one monolithic market. It is not spin those products off from their fi- ator from New Hampshire. even a hundred, it is thousands—tens nancial houses. Mr. GREGG. Mr. President, I rise to of thousands—of different and various That sounds, in concept, like a rea- speak on the bill. This is such a com- things that are having derivatives sonable idea, especially if you were in

VerDate Mar 15 2010 13:44 May 31, 2013 Jkt 089102 PO 00000 Frm 00015 Fmt 0686 Sfmt 0634 E:\BR10\S26AP0.000 S26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 26, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 5 6225 Argentina in the 1950s and working for of restrictions and you are going to be are systemic issues. Secondly, we put the Peron government. But as a very able to buy that contract in Singapore. everybody else in a clearinghouse. practical matter, it is a concept which So a large amount of entities, a large What does a clearinghouse mean? It will do fundamental harm to the vital- amount of business, will move offshore essentially means there will be a third ity of our economy. Why? Because you almost immediately upon the passage party insurer or holder of the basket of will not have a lot of derivative prod- of this bill, should this section be kept assets necessary to support the deriva- ucts in this country that will be able to in it. tives contracts so we are fairly con- pass the test of being spun off. You do Is it necessary, is the question. Is it fident when a trade is made in a clear- not have to listen to me to believe this. necessary to make the derivatives mar- inghouse, the counterparties have the Let me quote from a message that was ket work right in this country? Abso- liquidity in the margin behind their po- sent to us by the Federal Reserve, lutely not. This is punitive language sitions to support their trades. At the which is a reasonably fair arbiter in put in out of spite because there is a same time, the clearinghouse itself this exercise. They do not have a dog in movement in this country, and in this must be structured in a way that it has the fight other than the financial sta- Congress, unfortunately, which I call adequate capital. bility of our country. This is the Fed pandering popularism, which simply Where is that capital going to come talking, not me: dislikes anything that has to do with from? It can only come from one place. Section 106 would impair financial sta- Wall Street. It comes from the people who trade in bility and strong prudential regulation of de- I am sure they did a lot of things these instruments. They are going to rivatives; would have serious consequences wrong and they caused a lot of prob- have to put up the capital. The regu- for the competitiveness of the U.S. financial lems. But if you are going to apply the lators—the SEC, the CFTC—will have institutions; and would be highly disruptive problems that occurred around here direct access to controlling and mak- and costly, both for banks and their cus- fairly, we should be looking in our own ing sure that capital is adequate in the tomers. mirror, at ourselves, for some of the clearinghouses and making sure the That is about as accurate and suc- problems we caused to the American clearinghouses are adequately moni- cinct a statement as to what the effect economy, by forcing a lot of lending in toring the contracts. of this section would be as I could have a housing market that could not sus- Then as the contracts become more said. I did not say it. Nobody would tain it. It is penal. That is the purpose standardized—and they can and they probably believe me. The Fed said it. of this: punitive. In the end, it is going will; we all accept that—they move The fair arbiter said it. to cut off our nose to spite our face be- over to exchanges where they are basi- Why did they say that? Well, it is cause it will be our credit that con- cally traded like stock. Then you have pretty obvious if you know anything tracts, and business can be done and absolute transparency, price disclo- about the way these products work. could be done in a very effective way, sure, and you do not have the issue of But essentially, if you spin off these here in the United States, overseas. the over-the-counter market that products, you are going to have to cre- What should be done here? What causes so much problem for us. That ate entities out there to replicate the should be done rather than this exer- will happen. That will happen almost entities they were spun off of. So if a cise, as the Fed has said, in causing a naturally, but you could have the regu- large financial institution is now doing ‘‘highly disruptive and costly’’ effect lators stand up and say: Well, we think derivatives, and you spin the deriva- on banks and their customers, and hav- this group of derivatives is standard- tives desk off, the swap desk off, from ing serious consequences on the com- ized enough and you have to move it to that financial entity, that spun-off petitiveness of the United States? Re- an exchange. We could give that power event is going to have to replicate the member, we are competing in the to the regulators, and that makes capital structure of the financial insti- world. That may have escaped the at- sense. But it would happen naturally tution which was basically underpin- tention of the Agriculture Committee anyway as these clearinghouses be- ning the derivatives desk. That capital when they wrote this language, but we come more effective and standardized structure is estimated to be somewhere are in a world competition. Derivatives in the products, and people become in the vicinity of a quarter of a trillion are not a unique American product. more comfortable with standardized dollars to a half a trillion dollars of They are a world product. So these are products in these areas. capital, which will have to be created. jobs that go overseas. This is credit Of course, there would have to be Well, what is the effect of that? When that goes overseas. This is business real-time disclosure to the regulators you start putting capital like that into that goes overseas. This is Main Street of what the prices were, if they are the system, that capital comes from that will be affected by this language. OTC prices or clearinghouse prices, so somewhere—assuming it comes at all— How should it have been done? Well, they know what is going on. Then it it comes from somewhere, and where it it should have been done in a rational would be up to the regulators to decide comes from, quite honestly, is the cred- way, not in a punitive way. We know when that information should be dis- itworthiness of other activity. It is not the derivatives market was not trans- closed to the markets, depending on new capital. It is taking capital and re- parent enough. We know there was not how you make these markets. Some- creating an event, a freestanding enti- enough capital, liquidity, margin— times you cannot disclose the informa- ty here, of which capital is not around. whatever you want to call it—behind tion immediately; otherwise, you It will also mean there would be a the products and the counterparties would not be able to make a market; contraction—and this is an estimate that were exchanging products in the otherwise, you would not be able to do not of the Fed but of the group of enti- derivatives market in the over-the- the contracts and, therefore, you would ties that actually do this business and, counter system. We know—because we not be able to do the business, which therefore, it can be called suspect, but have AIG as example No. 1—a tremen- underlies the need for the derivative. I think it is in the ballpark, give or dous amount of CDs, especially, were So all of that could be done. All of take a couple hundred billion dollars— being written with nothing behind that could be done, and it does not re- it will also cause a contraction of them except a name. quire creating this entity or these se- about $700 billion of credit in this coun- We can fix all that. It can be fixed in ries of entities out there which the try, to say nothing of the fact that if a way that almost everybody is com- Federal Reserve has described as im- you are looking for a derivatives con- fortable with by, first, making sure the pairing the ‘‘financial stability and tract and you cannot go to the finan- exempted products from going on a strong prudential regulation of deriva- cial houses that usually do it in the clearinghouse are only products which tives.’’ In other words, what the Fed- United States, and you are a commer- have a specific commercial use and are eral Reserve is saying is, when you go cial entity or a hedging group, you are customized and are narrow, and that in the direction of what is being pro- going to go overseas and do it because the people doing those products are not posed from the Agriculture Committee they are not going to have these types large enough in their business so there in the area of derivatives and set up

VerDate Mar 15 2010 13:44 May 31, 2013 Jkt 089102 PO 00000 Frm 00016 Fmt 0686 Sfmt 0634 E:\BR10\S26AP0.000 S26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 6226 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 5 April 26, 2010 this independent swap desk, you are trouble, if they overextend themselves in the most sound and safe way. You not making things stronger in our fi- or they are essentially insolvent, they can do that, and I have outlined pretty nancial structure; you are making get broken up. There is no—the tax- specifically how you would do it, with- them weaker. You are significantly re- payers do not come in, in any way, out this section. I will close by reading ducing the strength of the regulatory shape or manner and support that enti- one more time how the fair arbiter has arms that guide derivatives or oversee ty. That is what the Warner-Corker defined it, the Federal Reserve. This is derivatives. You are also, as I men- language does, and I believe the Sen- such a damaging section that it cannot tioned earlier, creating an almost guar- ator from Connecticut has tried to in- be underestimated the damage to our anteed-to-fail situation relative to the corporate a large amount of that. That economy were it to be approved. need for capital to support these deriv- should be our policy. But what the Section 106 would impair financial sta- ative transactions. It is just—it just Sanders amendment said was any- bility and strong prudential regulations of makes no sense at all. thing—any financial house—could be derivatives; would have serious consequences To begin with, derivatives are, by broken up simply because it was for the competitiveness of U.S. financial in- definition, a bank product, so the idea deemed to be big, no matter how resil- stitutions; and would be highly disruptive that they have to be spun out of banks ient or strong it is; no matter if it is a and costly, both for banks and their cus- tomers. and financial institutions is, on its major player for our Nation in being face, absurd, truly absurd, and counter- more competitive internationally. Remember, their customers are the productive to the whole purpose of Remember, when an American com- people who work on Main Street for doing derivatives, which are very im- pany goes overseas, they want to use the companies that use derivatives, portant. The Congress recognizes that. an American bank. They don’t want to and almost every company in this In Gramm-Leach-Bliley, we called de- have to use the Credit Suisse or the country of any size uses a derivative to rivatives a bank product. We under- Bank of Singapore. They want to use hedge their risks. Ironically, this is all stood that then. We seem to have for- an American bank to follow them done in the name of social justice be- gotten it now. around the world, and those banks cause Wall Street is bad, so we are I have been trying to figure out what have to be pretty big to do that. Some going to go out and cut off our nose to is behind this type of language because of them are quite profitable and quite spite our face. it is so destructive to our competitive- strong. Well, this language would have It is incomprehensible that a nation ness as a nation. This is the type of said no matter how strong and profit- which has become as strong and as vi- thing, as I said earlier, we would have able you are and how robust you are brant as we have by promoting a mar- seen in Argentina in the 1950s, this al- and how much you contribute to the ket economy would decide to go down most virulent populist attack on enti- American economic system by giving this route, which is the antipathy of a ties simply because they are large and us one level of financial services— market economy, but that is where we because obviously there is a populous which we need as a country, large fi- are. That is what has happened here, feeling against them, which ends up, by nancial institutions that can support and that is the direction we are going. the way, significantly impacting Main very complex, sophisticated, inter- It is unnecessary, by the way, as I said Street in a negative way. Look at Ar- national economic activity and domes- earlier; unnecessary, because deriva- gentina. In 1945, I believe, or 1937, tic economic activity—that they would tives can be made safer and sounder by somewhere in that period, they were be broken up because a group of people simply restructuring the transparency the seventh best economy in the world, in Washington didn’t like them for so- and the manner in which they are put the seventh most prosperous people in cial policy, social justice reasons. They on clearinghouses, limiting the amount the world. Now they are like 54th. It is didn’t lend enough money to some of those that are subject to exemption, because of this populous movement group they wanted them to lend to or and pushing people toward exchanges, which has driven basically their ability they lent too much money to some to the fullest extent possible and to the to be competitive offshore. So now we group they didn’t want money lent to. extent it will work. All that can be have this huge populous movement For social justice reasons, we will go in done without this type of language here, and I am trying to think what is and break up this company, even which is so destructive and, as the Fed behind it. What is the rationale here, though it is totally solvent, strong, fis- has said, will have the exact opposite other than just rampant pandering cally responsible. effect of what it is alleged to be doing. populism? A vote occurred in the Budg- That is the policy that was proposed Mr. President, I yield. et Committee last week, of which I in the Budget Committee. Ten people The PRESIDING OFFICER. The Sen- happen to be ranking member, which voted for that policy. Ten. Ten out of ator from Connecticut. crystallized the situation. Senator the twenty-two people who voted, Mr. DODD. Mr. President, I thank my SANDERS from Vermont—whom I con- voted for that policy. Incredible. Where colleague from New Hampshire. We are sider a friend and I enjoy immensely. does that stop? Where does that stop? great friends and have worked together He is a great guy. He has a great sense Where does this section 106 stop? Do we on a number of issues over the years of humor, but we disagree on a lot of break up Walmart because they are not together. In a matter of months, both things. He runs as a Socialist. I run as union? Do we break up McDonald’s be- of us will be former Members of this in- a conservative. Senator SANDERS of- cause they sell food that some people stitution. Let me express my gratitude fered an amendment which said that think makes you too fat? Do we break to him for his service over the years the government—and the government, up Coca-Cola because they have too and his commitment to these issues. I assume, would be four or five people much sugar in their products? Does He has focused his attention on the down at Treasury or four or five people anything that is big in this country get particular matter coming out of the down at—I don’t know where they broken up because there is an attitude Agriculture Committee, of which we would be, some new offices some- that big is bad, whether it contributes are all very much aware. That proposal where—has the right to break up large or not? Unless you happen to be big and was supported by Democrats as well as, corporations. It didn’t say break up union, in which case you get saved, of as my colleagues know, a Republican large corporations which had problems, course, as the UAW was able to work on the committee. As my colleague which had overextended themselves, out with GM and Chrysler. from Arkansas pointed out and as I am which everybody agrees should happen. That is the essence of this language. sure we have heard already, there was That is what Senator WARNER was This language isn’t about fixing the de- at least an appearance of bipartisan- talking about. He has done extraor- rivatives market at all. You can fix the ship on this bill. dinary work in this area and I am sup- derivatives market in a most com- The Senator from New Hampshire portive of his efforts on resolution au- prehensive and substantive and effec- raises some very important issues. thority, where if a big bank, a big fi- tive way that keeps America the best There are a number of our colleagues nancial house or a big entity gets into place to create these types of products who have very strong feelings, different

VerDate Mar 15 2010 13:44 May 31, 2013 Jkt 089102 PO 00000 Frm 00017 Fmt 0686 Sfmt 0634 E:\BR10\S26AP0.000 S26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 26, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 5 6227 than those of my friend and colleague bailing them out, and they are going to The yeas and nays resulted—yeas 57, from New Hampshire, as we know; oth- lose millions of jobs if we don’t. nays 41, as follows: erwise, it wouldn’t have come out of The reality is, we have a situation [Rollcall Vote No. 124 Leg.] the committee with the vote it did, now where the top six banks in this YEAS—57 country, despite what the Senator from and, therefore, the subject of a debate Akaka Feinstein Merkley in this Chamber. I should, of course, New Hampshire has suggested, now Baucus Franken Mikulski begin by thanking him as a member of have total assets in excess of 63 percent Bayh Gillibrand Murray the Banking Committee for his partici- of GDP. We are talking over $7 trillion. Begich Hagan Nelson (FL) When you have six institutions with 63 Bennet Harkin Pryor pation involving our product in the Bingaman Inouye Reed Banking Committee. percent of total assets compared to Boxer Johnson Rockefeller The issue before us in the next few GDP, I think we have a problem, and Brown (OH) Kaufman Sanders minutes is whether we can have this we have a problem for two reasons. No. Burris Kerry Schumer 1, we have a problem in terms of tax- Byrd Klobuchar Shaheen debate on these issues. Again, as my Cantwell Kohl Specter colleague from Alabama has pointed payer liability and the fact that we Cardin Landrieu Stabenow out on several occasions, we are 80 per- will, once again, have to bail these be- Carper Lautenberg Tester cent or 90 percent, whatever the num- hemoths out. Secondly, as Teddy Roo- Casey Leahy Udall (CO) sevelt told us 100-plus years ago, it is Conrad Levin Udall (NM) ber he wants to talk about, there in Dodd Lieberman Warner terms of agreeing to a major part of time to break up these guys because Dorgan Lincoln Webb what our bill proposes. Obviously, we they have incredible concentration of Durbin McCaskill Whitehouse Feingold Menendez Wyden are not all there. You can’t ever get ownership over our entire economy. It is incomprehensible to me that the ‘‘all there’’ in one of these debates, be- NAYS—41 Senator from New Hampshire can be Alexander Ensign McConnell fore you have the opportunity to do ex- comfortable as a conservative—doesn’t actly that, where Members have a Barrasso Enzi Murkowski like big government but apparently Brown (MA) Graham Nelson (NE) chance to be heard, to raise their ideas, doesn’t mind huge financial institu- Brownback Grassley Reid a different point of view, and my friend Bunning Gregg Risch tions. Burr Hatch from New Hampshire feels as passion- So I think that anyone who is not Roberts ately as do others about their point of Chambliss Hutchison Sessions worried about the concentration of Coburn Inhofe Shelby view. That is the purpose of having a Cochran Isakson ownership within our financial institu- Snowe Collins Johanns debate and an institution such as this tions is missing an enormously impor- Thune Corker Kyl for that debate to occur. Vitter tant point, not just from too big to fail Cornyn LeMieux My hope would be, again, that when but economic concentration of owner- Crapo Lugar Voinovich this motion to proceed occurs, though ship. DeMint McCain Wicker some may share the views of my friend With that, I thank my friend from NOT VOTING—2 from New Hampshire or some may have Connecticut and I yield the floor. Bennett Bond an alternative view, as is certainly the The PRESIDING OFFICER. The Sen- case in major parts of this bill as I ator’s time has expired. The PRESIDING OFFICER. On this have written it along with my com- CLOTURE MOTION vote, the yeas are 57, the nays are 41. mittee members—that is the purpose The PRESIDING OFFICER. Pursuant Three-fifths of the Senators duly cho- for which this institution exists, to to rule XXII, the Chair lays before the sen and sworn not having voted in the have that debate. No one Member, no Senate the pending cloture motion, affirmative, the motion is not agreed one committee, no handful of Members which the clerk will state. to. should even suggest that they have the The legislative clerk read as follows: Mr. REID. Madam President, I enter right to write the legislation without CLOTURE MOTION a motion to reconsider the vote by the consideration of others. So there is We, the undersigned Senators, in accord- which cloture was not invoked on the a difference of opinion on these mat- ance with the provisions of rule XXII of the motion to proceed. ters. Standing Rules of the Senate, hereby move The PRESIDING OFFICER. The mo- I see my colleague from Vermont. to bring to a close debate on the motion to tion is entered. Mr. SANDERS. Mr. President, if my proceed to Calendar No. 349, S. 3217, the Re- The Senator from Alaska is recog- storing American Financial Stability Act of nized. friend will yield for a few minutes, I 2010. understand my friend from New Hamp- Harry Reid, Christopher J. Dodd, Byron Mr. BEGICH. Madam President, I was shire had something to say. L. Dorgan, Mark Udall, Roland W. not intending to speak because I was Mr. DODD. What time is the vote to Burris, Daniel K. Inouye, Sherrod hopeful that tonight we would have a occur? Brown, Robert P. Casey, Jr., Mark simple vote that would move us to de- The PRESIDING OFFICER. At 5 p.m. Begich, Patrick J. Leahy, Tom Udall, bate on a bill that I think people have Mr. DODD. The Senator from Patty Murray, Tom Harkin, Richard J. been waiting for, for a long time, and Vermont better take the next 3 min- Durbin, Frank R. Lautenberg, Ben- that is getting reform to our banking jamin L. Cardin, Bill Nelson, Jack institutions and financial institutions. utes. Reed. Mr. SANDERS. Mr. President, I will I will say for those who are watching The PRESIDING OFFICER. By unan- do what I can in 3 minutes. and listening, I am new here. I have My good friend from New Hampshire, imous consent, the mandatory quorum been here a little over a year, and I am call is waived. my colleague from across the Con- trying to understand all of the process. The question is, Is it the sense of the necticut River, apparently does not But one thing I have learned is this Senate that debate on the motion to have a problem with the fact that the proceed to S. 3217, the Restoring Amer- great motion called a motion to pro- largest financial institutions in this ica’s Financial Stability Act of 2010, ceed—a lot of people watch and see us country that we bailed out because of shall be brought to a close? vote and think, oh, the bill has gone their recklessness, greed, and illegal The yeas and nays are mandatory down. behavior have, since the bailout, be- under the rule. This motion was a very simple mo- come even larger. Three out of the four The clerk will call the roll. tion. It allowed us to move to the bill major financial institutions, all of Mr. KYL. The following Senators are so we can debate. What I have heard which were bailed out, have become necessarily absent: the Senator from over the last several weeks and lit- larger. No matter what anybody tells Utah (Mr. BENNETT) and the Senator erally the last 48 hours is the desire for you, when one of these institutions is from Missouri (Mr. BOND). people to add amendments and talk about to tip over and take a good part The PRESIDING OFFICER (Mrs. about it and do all of the things we of the economy with them, despite the SHAHEEN). Are there any other Sen- want to do and to have full debate on rhetoric today, people are going to be ators in the Chamber desiring to vote? the floor. But because of this simple

VerDate Mar 15 2010 13:44 May 31, 2013 Jkt 089102 PO 00000 Frm 00018 Fmt 0686 Sfmt 0634 E:\BR10\S26AP0.000 S26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 6228 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 5 April 26, 2010 motion that the Senate requires, which lars people put into those banks as in- Mr. BENNET. Madam President, I am I think is kind of a foolish motion— vestors or people deposited in those pleased to be here with my colleague that is my personal opinion—this mo- banks. The credit unions and these from Alaska. I also was not planning to tion to proceed, we are not even al- small community banks did a great come to the floor to talk about this to- lowed now to debate this bill and offer job. night because I thought the vote was amendments to this very important fi- This is our opportunity to not con- going to pass. This is called a motion nancial reform legislation. tinue the status quo. It is clear to me to proceed, and around here, I think So I am disappointed. I am dis- that the other side is interested in the that is Senate-speak for a motion to appointed for us as a body that we status quo, where billionaires became not get anything done. That is what can’t move forward. Second, I think billionaires again by betting against happens when we do these motions. my constituents in Alaska are dis- the recovery of the economy, which is It is particularly aggravating be- appointed that we don’t have an oppor- amazing, to me. They bet against the cause I was back in Colorado this tunity to debate this issue and throw American people. They hoped they weekend, as I am every weekend, trav- amendments on the floor to refine a would be foreclosed on. Those are the eling the State and had the chance to good piece of legislation and move us rules the other side wants to continue. see the TV from time to time. You forward to getting reform in our finan- Now, maybe I am living in another couldn’t turn on a television station cial institutions, especially these world. I am betting on the American without seeing some politician from megabanks. people. I am betting on Alaskans, that this town on TV talking about the im- Over the last year and a half since I we want to move forward, not the sta- portance of getting this work done, have been here—almost a year and a tus quo where this economy almost Democrats and Republicans, people half—all I have heard about is how bad crashed and burned. taking the time out of their weekend this economy was a year or so ago and At the same time, we want to make to say to the American people: We are what caused it was the financial insti- sure that banks in the future cannot be actually working hard to try to correct tutions just kind of crashing in because coming to the taxpayers and asking us the problems that led us into the worst of the rules—or the lack of rules— for a bailout because that ain’t hap- recession since the Great Depression. under which they operated. The goal of pening, at least while I am here, any- Then we all get back to town on Mon- the Senate is to try to create some more. It is outrageous that the tax- day and we don’t get anything done. rules, to make sure the public sees payers got left behind in this process. We take a vote, not on the bill but a So, again, I am disappointed. It is some transparency in these vote that would just allow us to debate amazing, as I said, that they are draft- megabanks. Yet, for whatever reason, the bill, to amend the bill, to get Re- ing some bill somewhere in some dark our friends on the other side are not publican amendments and Democrat room somewhere. I don’t know if it is willing to even move this forward. amendments, to improve the legisla- in the Capitol or up on Wall Street. It But I also learned today, just reading tion, and we are told we can’t do that. is somewhat amazing to me, the people some of the material we get every sin- We can have the debate on the air- were complaining some time ago on gle minute around this place, that they waves, we can have the debate all some legislation they said we were have been working on a bill for weekend long on television in front of months. I don’t know where they have drafting in the back room—which was not true—and now they are doing the the American people, but when we been working on this bill because I sure exact same thing they complained come back here, in theory, to do the as heck haven’t seen it. The public about. The hypocrisy is unbelievable. people’s business, somehow we cannot hasn’t seen it. I do know they have So I was not planning to come down debate it anymore. This is the reason been having a lot of meetings up on here and speak. I was voting like the so many people across the country Wall Street, and maybe that is where rest of us, thinking we were going to think Washington is completely out of they are writing the bill. But I haven’t move forward, and here we are: No bill touch. seen this bill for 2, 3, 4, 5 months, what- to offer amendments, no bill to There are people saying: Well, the re- ever the timetable they claim they strengthen our financial position. covery started. Everything is OK have been working on some legislation. Same old business as usual, status quo. again. And I am glad to see there are That is what I read today. But the pub- The rich get richer. The people who are some signs of improvement in our lic hasn’t seen it. The American people working hard every single day suffer, economy. But for the families in Colo- haven’t seen it. And we actually had a lost their 401(k)s or their education re- rado, there is still a lot of struggle chance tonight to vote to allow us to tirement accounts they set aside for going on, there are still of lot of people see it and have a debate, and they their kids or thought they put them in worried about losing their houses or wouldn’t allow that. a bank that was supposed to be secure, how to replace the houses they have So I am disappointed. I am dis- ended up who knows where, except in a lost, worried about losing their jobs or appointed that we don’t have that op- few people’s pockets who were working how to pay for their kids’ higher edu- portunity. I am disappointed for the on Wall Street. cation. American people that we will not move So I am disappointed. I would hope The last period of economic growth forward on banking and financial re- our colleagues on the other side would in our country’s history before we were form, which is desperately needed. It is allow us the opportunity to offer pitched into the worst recession since what crashed this economy, because of amendments to financial reform legis- the Great Depression was the first time the lack of rules and the carelessness lation that will, for once and for all, in this Nation’s history ever, ever, that of so many with hard-earned dollars hold these financial institutions ac- our economy grew, our gross domestic from working people across this coun- countable for the actions they caused product grew, but middle-class incomes try that they had put into banks and to this country that almost put us on fell in the United States. In Colorado, anticipated it would be put aside and the verge of bankruptcy. it fell by $800, while the cost of health protected and not put into some high- Thank you for the opportunity to insurance went up by 97 percent, the risk ventures that later on banks did vent, I guess would be my view right cost of higher education went up by 50 and other megabanks did and caused now, in aggravation of what is going percent. this economy to be in the position it is on. But, again, it is our job to hold Our families are recovering not just in today. these financial institutions account- from one recession but effectively from In Alaska, we have some great insti- able for what they did to the taxpayers two recessions, and you would think tutions. Our credit unions and our of this country. I hope our colleagues the least we could do would be to put community banks did a great job. They on the other side will see the light of some commonsense regulations in were not investing in risky ventures. day and join us to offer a debate. place that, had they been in place be- They were not investing in risky finan- The PRESIDING OFFICER. The Sen- fore the last crisis, we wouldn’t have cial instruments with hard-earned dol- ator from Colorado. had the crisis to begin with.

VerDate Mar 15 2010 13:44 May 31, 2013 Jkt 089102 PO 00000 Frm 00019 Fmt 0686 Sfmt 0634 E:\BR10\S26AP0.000 S26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 26, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 5 6229 Our last period of economic growth meltdown ought to be enough time to friend from Colorado spent the week- in this country was based on debt, too put rules of the road into place so we end crisscrossing Colorado. He is ask- much debt at every level of the econ- can give the market what it craves ing folks to rehire him. I share he is omy. most, which is predictability. head scratching on why we aren’t here The consumers have too much debt. I will not go on at length. I had the talking about something on which Washington has too much debt. Some opportunity earlier when the chairman there is not major policy differences. bankholding companies in New York was here, and I think, unfortunately, I There is common agreement that we that historically had 12 to 14 times probably spoke for about 40 minutes need to have reform, and a lot of the debt to equity decided during that pe- going through how we got to this point reform parts there is agreement on. riod to go to 28 and 30 times. By any and all the things in this bill to put Where there is not agreement, there is standard, it is an incredibly risky these new rules of the road in place. I actually more bipartisan consensus on strategy. To make matters worse, the will only make two or three quick the form of the amendments. way they leveraged themselves up was points. I would love to hear from the Senator with derivatives that no regulator was One, in my 15 months here, as a new from Colorado. looking at, that shareholders didn’t guy, I have never seen a bill that has Mr. BENNET. Madam President, I even understand, that bondholders had more bipartisan input than this thank my colleague from Virginia. As didn’t even understand. The common- piece of legislation. I had a great col- he was talking, I was thinking about sense reforms that are in place in this league in Senator CORKER from Ten- my work in the real world, as he has bill—because of the work of the Bank- nessee. We worked on the too-big-to- had that experience. If you were in a ing Committee, the work of the Agri- fail and the resolution piece. There are position where everybody wanted to culture Committee, both committees places that can still be improved. I get it done, if there was general agree- on which I serve—would have cured would love to work with Senator ment that you were 80 or 90 percent of that problem. CORKER on some technical amendments the way there, the way to get it done Ultimately, what we are trying to do to make this better. But this was a bi- was not to not continue discussion. It is put ourselves in the position of never partisan piece of legislation. wasn’t to say: Well, I am going to pick having to say some financial institu- Two, I actually think there is a great up and fly back to Denver or fly back tion is too big to fail or that the tax- deal of agreement on both sides of the to Virginia until cooler heads prevail. payers have to hold a gun to their head aisle about our policy goals. I am not It was to stay in the room and get it and clean up somebody else’s greedy talking about the role of government done. I think, particularly when this isn’t mistake; to make sure there is trans- or who should get covered or not cov- about a private sector transaction, this parency in the marketplace so we know ered, the way it was with health care. is about the American people’s busi- what securities are being traded. We all agree, no more taxpayer bail- ness, the people who have hired every- I have spent half my life in the pri- outs, more transparency, that there body here to do this job, it is a shame vate sector, a lot of it in the capital ought to be some sense of fairness in that we should not be out here tonight markets. This is not an antibusiness the financial system, and that con- in a bipartisan way figuring out how to piece of legislation. In fact, quite the sumers ought to know the financial cross the t’s and dot the i’s and put a contrary. There are a lot of businesses products they are using and buying, or framework in place that would have mortgages they are making have some out there that have been harmed ter- prevented the catastrophe our families basic underlying protections. I have ribly by judgments that were not made are now continuing to live through. because they were prudent business de- yet to hear any of my colleagues on the Sometimes that is one of the things cisions but to make a fast buck. other side disagree with those basic people forget. There are parts of the Here we are on Monday night, after a premises. I think we are still working economy that have recovered faster weekend of people talking on television toward what I hope will be, as opposed than others. There are parts of the programs, and we can’t get done the to some of the disappointments that economy where people are getting American people’s business. Again, this have come out of this Chamber, some- hired or paid, other parts where people is not an up-or-down vote on the bill. thing we can all be proud of and some- are still struggling along. The people I This is just a vote so we can have a de- thing the American people can be saw this weekend were people who were bate on the floor of the Senate, so we proud of in that we found some com- struggling along. They are not inter- have the opportunity to amend and im- mon ground. ested in engaging in class warfare, as prove the bill. I am sure the bill is not I have to acknowledge, I am not a some people say. What they are inter- perfect. In fact, I know it is not per- very good political prognosticator. I ested in is making sure we create a set fect. It has room for improvement. assumed last week there was an 80-per- of conditions where the game is not I see my colleague from the Banking cent chance we would get a bipartisan rigged and where they have some pre- Committee from the Commonwealth of bill. I still believe that. I am not sure dictability in their lives as business Virginia is here. anybody who is listening tonight un- people and as working families. I yield the floor. derstands procedurally why our col- Like my colleague, I am new. Maybe The PRESIDING OFFICER. The Sen- leagues who share the same goals, we don’t know exactly the way this ator from Virginia. those of us who have been working in place works. I hope somewhere in this Mr. WARNER. Madam President, let bipartisan teams, who have amend- building there are people who are com- me thank my colleague from Colorado, ments that will help strengthen the ing together to figure out how we can a member of the Banking Committee, bill, shouldn’t be spending tonight create the conditions where we could who has been part of trying to get this talking about those amendments, offer- at least get a vote to have the con- bill right over the last 14, 15 months. ing those amendments, offering those versation about how to get to that last He has spent a career in the private improvements, having those who dis- 10 percent on this bill. sector, as I did. I think we both can agree debating, when there was a bipar- Mr. WARNER. Again, one final com- read a balance sheet. We both under- tisan product to date and will be a bi- ment. I know the Presiding Officer is a stand it is the capital markets that partisan end solution, I believe. The new Member as well. This is one of drive the American economy. I think American people demand, 18 months those moments when there has been a we both agree we want to keep Amer- after the fact, that we put these new fi- year and a half of bipartisan work that ica the capital of capital formation for nancial rules of the road in place. has gone on, when there seems to be a the whole world. We don’t want this to Unlike many of my colleagues, I get commonality of interest in what the migrate to London or Shanghai or else- to go home to Virginia tonight. If I run goals of financial reform are. I don’t where around the world. into a Virginian who wants an expla- know about the Presiding Officer, I We also know 18 months after we nation of why we are not on the bill, I don’t know about my friend from Colo- came to the precipice of a financial would not know what to tell them. My rado, but I never got the memo that

VerDate Mar 15 2010 13:44 May 31, 2013 Jkt 089102 PO 00000 Frm 00020 Fmt 0686 Sfmt 0634 E:\BR10\S26AP0.000 S26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 6230 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 5 April 26, 2010 said our job wasn’t actually to get stuff families, both the husband and wife are paign contributions, in order to fight done. There were legitimate, major out of a job. They are worried how they finance and Wall Street reform. So I policy differences in the health care will put food on the table for their fam- am not surprised that at this point our discussion. But in this discussion, ilies. Republican friends have not chosen to there are things that need to be worked Democrats have been working in go forward. I hope they change their out, but the goals we have all agreed good faith for many months on a bill to mind, and I hope they know back home on. The bipartisan working groups hold Wall Street accountable for gam- the American people are profoundly have been at it for more than a year. bling with the money of North Caro- disgusted at the behavior of Wall I implore my colleagues from the linians and people across the country. I Street, and they want to make sure we other side of the aisle, I don’t know if know Chairman DODD has been work- never again will be placed in the posi- maybe there was some procedural she- ing with Republicans on the Banking tion of having to bail out people who, nanigans, that kind of back and forth. Committee for the last year and a half. through their greed and recklessness, But I hope my colleagues from the The time has come to have this debate have brought suffering to tens and tens other side of the aisle—I see my col- on the floor of the Senate. Wall Street of millions of Americans. league actually who has great expertise reform means ending taxpayer-funded As we proceed—and I believe we will in the financial sector, the new Sen- bailouts. It also means establishing proceed—to Wall Street reform, it is ator from North Carolina coming in— new standards for the complicated fi- also important we not just pass some- some of the newer folks, whatever the nancial products that contributed to thing for the sake of a press release but reason our colleagues on the other side this economic downturn. we do something substantive. There didn’t want to get to a real discussion The purpose of this bill is to ensure are a lot of issues out there. I know of the bill, I hope they can come back the recent financial meltdown never Senator DODD has brought forth a bill later tonight, first thing tomorrow, happens again and that we protect sen- with 1,600 pages in it. There are dozens and we can move to this bill, talk iors who lost retirement savings and and dozens and dozens of important about it, put forward those amend- small business owners who got caught issues. I want to touch on simply three ments. I know I will have some bipar- up in the credit freeze and the count- that I believe are essential if we are tisan amendments to make the bill less Americans who lost their job. It going to be serious—underline ‘‘seri- stronger. means protection for consumers from ous’’—about Wall Street reform. I know my colleagues will. At the irresponsible banking practices and Issue No. 1. I receive calls every week end of the day, let us get the people’s greater certainty for bankers. Banks from Vermonters—and I suspect the business done. As my friend has said, need to be able to understand what the Presiding Officer does from people in the Dow may be back north of 11,000, ground rules will be so they can focus New Hampshire—who are disgusted by but that doesn’t mean much if you on the business of banking. North having to pay 25-, 30-, 35-percent inter- don’t have a job. One of the ways we Carolina is a leader in the banking in- est rates on their credit cards. In my can guarantee the financial markets dustry. Both our State’s banks and view, usury is immoral. If you look at will continue to have the capital to banking customers will benefit from Christianity or Judaism or Islam or make the loans, to make the invest- responsible financial reforms. any of the major religions, they make ments, to create that next wave of jobs The proposed legislation also creates the point that charging outrageous in- is to make sure we have in place finan- an office of financial literacy that will terest rates to desperate people is im- cial rules of the road. develop initiatives intended to educate moral. I thank the Chair and yield the floor. and empower consumers to make in- We finally have to end usury in the The PRESIDING OFFICER. The Sen- formed financial decisions. Our stu- United States. We have to put a cap on ator from North Carolina. dents today need the tools to under- the interest rates that financial insti- Mrs. HAGAN. Madam President, I, stand financial products and how to tutions can charge when they issue too, am disappointed that my col- manage debt, including mortgages, stu- credit cards. The amendment I will be leagues on the other side of the aisle dent loans, and credit cards. bringing before the floor is similar to have decided against even debating I hope my colleagues will listen to what has existed for several decades Wall Street reform legislation in the the American people on this issue. It is now for credit unions. Credit unions Senate. It has been almost 2 years imperative we pass commonsense Wall today are doing just fine, but they can- since our financial system stood on the Street reform so American taxpayers not charge more than 15-percent inter- brink of absolute catastrophe. The will never again have to shoulder the est rates, except under exceptional cir- meltdown on Wall Street has wreaked cost of a financial crisis. cumstances. If it is good for credit havoc on Main Street across America. Madam President, I yield my time. unions, it is good, in my view, for Wall Millions of Americans lost their The PRESIDING OFFICER. The Sen- Street and large financial institutions. homes, their jobs, their retirement sav- ator from Vermont. Second of all, I think there is great ings. Taxpayers were asked to fund a Mr. SANDERS. Madam President, I skepticism about the role of the Fed massive bailout of Wall Street. am disappointed but not surprised that and the lack of transparency that ex- Here we are, a full 2 years later, try- our Republican colleagues have chosen ists in the Federal Reserve. About a ing to debate a bill that will establish not to go forward in terms of financial year ago, Chairman Bernanke came be- new rules of the road, create a more reform because we should be very clear fore the Budget Committee on which I stable financial system, and ensure the that when we do financial Wall Street serve and I asked him a pretty simple American taxpayer will not be asked to reform, we are taking on not only the question. I said: Mr. Chairman, you bail out Wall Street banks again. I am most powerful people in the United have lent out trillions—underline ‘‘tril- sorry to say my colleagues today voted States of America but some of the lions’’—of dollars in zero or near-zero to stand up for Wall Street instead of most powerful people in the world— interest loans to the largest financial standing up for all the people on Main people of endless resources. institutions in America. Could you Street who lost their job and their en- When Congress deregulated Wall please tell me and the American people tire life savings. Street, against my vote, Wall Street who received those trillions of dollars They voted against the seniors who and their allies, over a 10-year period, in loans? saw their 401(k)s instantly eaten away spent $5 billion fighting for deregula- I do not think that was a terribly un- by the reckless games Wall Street was tion so they could be in a position to fair question to ask. Mr. Bernanke playing with their hard-earned money. do anything they wanted, which was, of said: No, I am not going to tell you. He In my State, this recession, the worst course, what brought us the terrible re- gave me his reasons why. I disagreed. since the Great Depression, has meant cession we are currently in. Last year The American people have a right to that currently half a million North alone, in 2009, the financial interests know who received those loans. The Carolinians are out of work. In many spent $300 million in lobbying, cam- American people have a right to know

VerDate Mar 15 2010 13:44 May 31, 2013 Jkt 089102 PO 00000 Frm 00021 Fmt 0686 Sfmt 0634 E:\BR10\S26AP0.000 S26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 26, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 5 6231 whether some of those large financial With that, Madam President, I yield vote so we can start debate—and the institutions took those zero-percent in- the floor. entire Senate Republican caucus said terest loans and then went out and The PRESIDING OFFICER. The Sen- no. bought government bonds, T bonds, at ator from Ohio. They are filibustering. They are de- 3-percent interest, which, if true—as I Mr. BROWN of Ohio. Madam Presi- laying. I think they are trying to de- suspect it is—is a huge scam, a huge dent, I appreciate the words from the stroy this bill. All we are trying to do scam. So we need transparency in the Senator from Vermont and his support tonight is—not pass legislation; we Fed, and I am going to bring an amend- of the Brown-Kaufman amendment and know we are not ready to do that yet— ment to the floor to do that. his work on real Wall Street reform. all we are trying to do is move the bill The third point I want to make is, in, Two years ago, as we know, we were forward so any Senator, whether it is a I believe, November of 2009 I introduced on the verge of another Great Depres- Republican colleague or a Democratic legislation—three pages—very simple sion. Wall Street had gorged itself on colleague, can offer an amendment. legislation, which called for breaking greed and junk debt. Markets panicked There are good amendments out there up large financial institutions. As this and chaos and hardship threatened that can make a strong bill even bill proceeds, my colleagues Senator Main Street. At the request of the stronger. BROWN and Senator KAUFMAN are going Bush administration, we acted swiftly, There is an amendment going to be to be offering a bill along those lines, we acted bipartisanly, to pull ourselves offered by Senator CORKER. He and I which basically says if an institution is back from the brink of economic col- talked about this on our Sunday morn- so large that its collapse will bring sys- lapse. We saved the banks temporarily, ing show this week—just yesterday—an temic damage to the entire economy, as we should have, but Wall Street amendment on clawing back executive we have to start breaking up those in- recklessness, aided and abetted by lax compensation that he has been work- stitutions—break them up. If a finan- regulation and deregulation and ap- ing on that seems to make sense. cial institution is too big to fail, in my pointments by the Bush administration There is an amendment Senator view, it is too big to exist. of people far too friendly to Wall KAUFMAN and I have been working on The issue here is not just the liabil- Street, had done its damage. Wall to put size limits on banks and end the ity, the potential liability for the tax- Street’s greed led to more than 7 mil- days of banks that are too big to fail. payers of this country if a large finan- lion Americans losing their jobs. If banks are too big to fail, those banks cial institution collapses and we have Go to Mansfield or Lima or Sandusky simply are too big. to bail them out, it is also an economic or Cleveland or Zanesville and see the I would add, 15 years ago, the com- issue. Are we comfortable when, ac- damage it did to American manufac- bined assets of the six largest banks in cording to Simon Johnson, the former turing. Wall Street’s excess and ramp- America were 17 percent of GDP. The chief economist of the IMF, ‘‘as a re- ant speculation caused nearly 6 million combined assets of the six largest sult of the crisis and various govern- home foreclosures. Go to neighbor- banks in America today are 63 percent ment rescue efforts, the largest six hoods in Over-the-Rhine in Cincinnati of GDP. banks in our economy now have total or go to neighborhoods on the west side There are other amendments that assets in excess of 63 percent of GDP. of Cleveland or go to neighborhoods in can finally hold Wall Street account- . . . This is a significant increase from north Columbus and see the damage able for its own mistakes offered by even 2006. . . .’’ Wall Street excess and rampant specu- some Republicans and some Demo- I find it quite interesting the senior lation caused to homes and families in crats. We just want to move forward so Senator from New Hampshire was on my State. those amendments can be considered. the floor a little while ago attacking Here we are 2 years later and Wall So it is unfortunate when Senate Re- me because in the Budget Committee I Street is continuing to risk Main publican leadership—and I know there brought up a resolution which lost 12 Street jobs, Main Street pensions, and are Republicans who want to work with to 10 to begin to break up these large Main Street homes on get-rich-quick us, but when Senate Republican leader- financial institutions. I get a little bit schemes. Here we are 2 years later in ship pulls their colleagues back from tired of our conservative friends who reach of legislation designed to put an doing the right thing. We saw the same say: Oh, the government cannot do end to the recklessness, and Wall tactic with the health insurance de- anything. We hate big government. But Street and Senate Republicans—and bate—delay and delay—only to find ob- apparently they do not hate large fi- sometimes it is hard to tell the dif- struction at the end. We know if they nancial institutions, six of which have ference—are delaying and hoping to can delay and delay, as officials in the assets equivalent to over 60 percent of kill any such reforms. We cannot afford American bank associations have said, the GDP of this country. to let this be delayed any further. Bear that is the best way to kill this legisla- Teddy Roosevelt, a good Republican, Stearns collapsed 2 years ago. tion and to get their way—if they can over 100 years ago started breaking up Senator DODD, after careful thought, delay this for months and months and large financial institutions, large cor- put out a working draft of legislation months. We saw those same delaying porations. What we are talking about the following November. There was a tactics with essential programs such as now is a handful of corporations, of fi- big hue and cry over that draft—many unemployment insurance and COBRA. nancial institutions that play a very said it was too tough on Wall Street— This is not a time to play games with negative role in creating a stranglehold but Chairman DODD continued working the financial well-being of hard-work- and a lack of competition in our entire on the draft, talking to Republicans ing Americans, of hard-working mid- economy. I intend to be strongly sup- and Democrats on the Banking Com- dle-class Ohioans. I wish Republican porting the amendment brought forth mittee and throughout the Senate. He Senators could vote to do the right by Senator BROWN and Senator KAUF- put together bipartisan working thing instead of simply following the MAN. I think it is moving exactly in the groups, including Senators CORKER and political calculus that the minority right direction. WARNER, Senators GREGG and REED, leader and the rest of the Republican So I am disappointed but not sur- Senators DODD and SHELBY, and Sen- leadership wants. It certainly is not prised that the Republicans have not ators CRAPO and SCHUMER—a Repub- the will of the American people. chosen to go forward on Wall Street re- lican and a Democrat in each negoti- Just today, a Washington Post/ABC form. I hope they will reconsider that. ating team. News poll release said 65 percent of When we do go forward, I hope we lis- So we have been working on this Americans favor ‘‘stricter federal regu- ten to the American people, we take se- since the start of the financial crisis. It lations on the way banks and other fi- rious action, and we start the process has been months since Senator DODD nancial institutions conduct their busi- of standing up to some of the most first put his legislation out for the ness.’’ powerful people not only in this coun- public’s review. But here we are to- It certainly is not following the expe- try but in the world. night—requesting a simple up-or-down riences of people in Ohio and across the

VerDate Mar 15 2010 13:44 May 31, 2013 Jkt 089102 PO 00000 Frm 00022 Fmt 0686 Sfmt 0634 E:\BR10\S26AP0.000 S26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 6232 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 5 April 26, 2010 country who have lost jobs and lost Senator from West Virginia (Mr. tory for the American taxpayer. We much of their wealth because of Wall BYRD), the Senator from Delaware (Mr. hear our Republican colleagues pro- Street greed and excess. It is not fol- CARPER), the Senator from South Da- claim they are for Wall Street reform, lowing the experiences of small busi- kota (Mr. JOHNSON), the Senator from that they are on the reform band- ness owners across the Nation. Wisconsin (Mr. KOHL), the Senator wagon, but then they seem to pull the I have talked to small business own- from Louisiana (Ms. LANDRIEU), the emergency brake. They say they are on ers in Dayton and Springfield and Senator from Connecticut (Mr. LIEBER- the reform bandwagon, and yet when Zanesville and Cambridge and Steuben- MAN), the Senator from Maryland (Ms. they have a chance to move forward ville and Findlay who simply cannot MIKULSKI), the Senator from West Vir- and simply to debate the process, they get credit. They cannot understand, ginia (Mr. ROCKEFELLER), and the Sen- pull the emergency brake. with the money Wall Street has been ator from Virginia (Mr. WEBB), are nec- The approach our colleagues on the rewarded with, if you will—or they essarily absent. other side of the aisle have taken on were bailed out with—that they still Mr. KYL. The following Senators are Wall Street reform symbolizes Amer- cannot get the kind of credit they need necessarily absent: the Senator from ica’s worst fears about how the power- to make their businesses a success. Utah (Mr. BENNETT), the Senator from ful operate. They held a closed-door This legislation would make finan- Missouri (Mr. BOND), the Senator from strategy session with Wall Street ex- cial institutions, not American tax- Nevada (Mr. ENSIGN), the Senator from ecutives that, from published reports, payers, pay for their mistakes. We Nebraska (Mr. JOHANNS), the Senator included solicitations for their cam- can’t predict the next economic dis- from Arizona (Mr. KYL), the Senator paign committee. Then they marched aster, but if we protect consumers and from Alaska (Ms. MURKOWSKI), the Sen- into this Chamber with a script, a Wall investors, we can probably prevent it. ator from Kansas (Mr. ROBERTS), the Street playbook written by the Na- Wall Street reform could provide the Senator from Ohio (Mr. VOINOVICH), tion’s most significant Republican po- strongest consumer protections for and the Senator from Mississippi (Mr. litical consultant. Rather than debat- Ohioans. No more of the tricks and the WICKER). ing what was in the bill, they went to traps in the mortgage market and else- The PRESIDING OFFICER (Mr. the Wall Street playbook. They waved where that led to the near collapse of MERKLEY). Are there any other Sen- the flag. They proclaimed their patri- our economy. ators in the Chamber desiring to vote? otic intention to protect Americans Wall Street banks wrecked our econ- The result was announced—yeas 50, from those who took us to the brink of omy, got a taxpayer-funded bailout, nays 31, as follows: economic disaster. But then they and are profiting again, while working [Rollcall Vote No. 125 Leg.] played the fear card and they talked Americans continue to suffer. We can’t YEAS—50 about bailouts and told Americans sit by any longer and continue to do Akaka Feinstein Nelson (NE) they would pay. nothing. We need to move now. No Baucus Franken Nelson (FL) Americans realize our Wall Street re- more meltdowns. No more bailouts. No Begich Gillibrand Pryor form is actually what, in essence, has Bennet Hagan Reed to be done to end taxpayer bailouts, more cutting backroom deals to pre- Bingaman Harkin Reid vent reform. Boxer Inouye Sanders that opponents are just playing fast In order for us to get there, we need Brown (MA) Kaufman Schumer and loose with the facts to protect the Brown (OH) Kerry Shaheen big banks instead of taxpayers. Our to move this bill forward. We need our Burris Klobuchar Specter Republican colleagues to say yes—not Cantwell Lautenberg colleagues on the other side claim to Stabenow Cardin Leahy embrace Wall Street reform in front of vote for the bill but just say yes to Tester Casey Levin the cameras, while behind the scene, move the bill forward so we can actu- Conrad Lincoln Udall (CO) ally have debate on the bill. We need to Dodd McCaskill Udall (NM) behind closed doors they continue to bring this bill out into the public light Dorgan Menendez Warner strategize with Wall Street about how so the American people know who is Durbin Merkley Whitehouse to kill this legislation. Feingold Murray Wyden fighting on their side. I am sure families in my State and I yield the floor. NAYS—31 across the country who are hurting, Mr. REID. Madam President, I note Alexander Crapo Lugar who lost their jobs, their health care, the absence of a quorum. Barrasso DeMint McCain lost their homes because of the reck- Brownback Enzi McConnell less excesses of Wall Street profiteers The PRESIDING OFFICER. The Bunning Graham Risch driven by profits at any cost, the value clerk will call the roll. Burr Grassley Sessions The legislative clerk called the roll, Chambliss Gregg Shelby of their property has plummeted, their and the following Senators entered the Coburn Hatch Snowe 401(k)s have been decimated, their hope Cochran Hutchison Thune Chamber and answered to their names: Collins Inhofe for a decent retirement that they had Vitter [Quorum No. 2 Leg.] Corker Isakson worked for is largely gone at this Cornyn LeMieux point, American taxpayers want ac- Brown (OH) Kaufman Menendez Burris Klobuchar Reid NOT VOTING—19 countability, not trickery. They want Cardin Lincoln Schumer Bayh Johnson Roberts all of us in this Chamber to stand up Dorgan McCain Shaheen Bennett Kohl Rockefeller for them and mean it, not stand up for Durbin McCaskill Bond Kyl Voinovich Wall Street and try to find a clever The PRESIDING OFFICER. A Byrd Landrieu Webb way to make it look like they are for Carper Lieberman Wicker quorum is not present. Ensign Mikulski Main Street. Mr. REID. Madam President, I move Johanns Murkowski We need only to look at the actions to instruct the Sergeant at Arms to re- The motion was agreed to. of those on the other side over the past quest the presence of absent Senators, The PRESIDING OFFICER. A 2 weeks to see the other story. They and I ask for the yeas and nays. quorum is present. huddle with Wall Street. They The PRESIDING OFFICER. Is there a The Senator from New Jersey. strategize about how to protect Wall sufficient second? There is a sufficient Mr. MENENDEZ. Mr. President, what Street, but they make it sound like second. is the status of the business before the they are protecting Main Street. It is a The question is on agreeing to the Senate? game of mirrors: appear to stand for re- motion. The PRESIDING OFFICER. The mo- form but do Wall Street’s bidding. The clerk will call the roll. tion to proceed to S. 3217. They hired a political consultant to The assistant legislative clerk called Mr. MENENDEZ. Mr. President, I tell them which words to use and came the roll. wish to talk about the vote we had just up with: The American people do not Mr. DURBIN. I announce that the a few minutes ago, a vote that was a like taxpayer bailouts. All you have to Senator from Indiana (Mr. BAYH), the victory for Wall Street but not a vic- say about this real effort for reform is

VerDate Mar 15 2010 13:44 May 31, 2013 Jkt 089102 PO 00000 Frm 00023 Fmt 0686 Sfmt 0634 E:\BR10\S26AP0.000 S26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 26, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 5 6233 that it is a taxpayer bailout, and they same lack of oversight, same home and raise their families, send will hate it. megaprofits for the large Wall Street their kids to college, and maybe, just The only problem is, the facts do not banks. I ask, at whose expense, at what maybe, put something away for a de- fit their rhetoric. The bill we would cost to American families, at what risk cent, safe, comfortable retirement. have gone on to debate, in fact, ends to the very foundation of our economic Now they sit at the kitchen table at taxpayer bailouts by reining in the ex- system? night asking heartrending questions: cesses of Wall Street, and that is ex- If our colleagues are serious about Can we afford the mortgage this actly why Wall Street is working so ending taxpayer bailouts, then they month? Can we keep our health insur- hard with the other side to defeat it. should favor making banks pay for ance? How do we pay our credit card They play the fear card, as they always their reckless behavior. Instead, they bills? Will we keep our jobs? Will we have. Then they try to distance them- come to the floor one after another in lose our home? Can we ever retire? selves from that consultant, but not an attempt to gut it. What they op- These are the families who needed a before they march in lockstep to the pose, what they are once again saying ‘‘yes’’ vote a little while ago. They microphones and tell Americans this is no to is asking the Wall Street firms to need our protection. They did not de- a bailout bill, it will cost taxpayers bil- pay to insure against their own failure. serve what happened to them. We have lions and lead to more and bigger bail- We should also remember today, a chance to make things right so it will outs, that it is another government in- after this vote, as we look back at 8 never happen again. The Senate needs trusion into their lives. years of an administration that nodded to take up Wall Street reform. Fear is a powerful force, and in the and winked and turned a blind eye to The choice is simple: Do we stand for short term sometimes fear is far more Wall Street’s schemes, that history has a banking system that is fair, trans- powerful than the truth. But in the a way of repeating itself. Let’s not for- parent, and honest or do we stand for a long term, it simply is not true. Maybe get the reckless behavior of the big banking system that takes advantage that is why truth has been the first banks and other entities and lenders of consumers, one in which speculation casualty of every argument we have and Wall Street speculators that sent runs wild and puts the entire economy heard from the other side, whether on the economy into a near depression at constant risk? Do we stand on the the Recovery Act, on putting people to last year has a historic precedent, as side of working families who played by work, on making health care more af- do the muscular safeguards and regula- the rules, or do we stand on the side of fordable, on extending unemployment tions that we must implement this Wall Street and big banks? Not the insurance for those who are struggling, year to protect consumers so it never community banks because they are not and now on reining in those who happens again. That precedent was the the ones who got us into this but those brought us to the edge of economic Great Depression. It came after a pe- large institutions that have gotten far ruin after 8 years of lax regulatory riod of Republican Presidents—Har- too comfortable writing their own policies that let Wall Street run wild. ding, Coolidge, Hoover—who sided with rules. Now that the fear card does not seem free-wheeling companies to overcome In my view, the choice is clear. It is to be working, suddenly our friends commonsense regulations. We had no time for the Senate to step to the plate stand in front of the microphones and choice but to clean up the mess with a on behalf of working families. It is claim to be in favor of reform. Yet at period of sustained, robust regulations time for reform. It is time to end too the end of it all they could have cast a implemented by another Democratic big to fail. It is time to rein in the vote to let us begin to work together administration at that time. bulls. It is time to protect hard-work- on the process. But they continue to Once again, the time has come after ing taxpayers. It is time to simply confer with Wall Street and tell their the economic damage has been done to move forward and take up the debate. members once again, as they have on put in place a series of robust reforms I hope the majority leader will bring every major piece of reform legislation and safeguards so it never happens us to another vote so that we can, in that has come before this Chamber, to again. Once again, just as they did fact, get to that moment in which we stand in lockstep and vote no—a ‘‘no’’ after the Great Depression, our Repub- can move forward and have the debate vote against even starting the debate. lican colleagues are saying, no, leave and have the amendments and ulti- I say to my colleagues today, blindly things as they are. There is no need for mately know who stands for the tax- following your consultant did not work Wall Street reforms. Let the market payer and who stands for Wall Street. I out so well, and neither will blindly take care of itself. They want to say no hope there will be enough votes here to following an obstructionist strategy to the lessons of history. We need to make sure this institution of the peo- work out very well either. The Amer- say yes to commonsense reforms; yes ple, by the people, and for the people is ican people have figured out the trick. to sensible oversight and regulations; going to put them first. You cannot talk like a gladiator and yes to protecting the jobs, homes, and With that, I yield the floor. put on the show for the taxpayers and retirement savings of families who The PRESIDING OFFICER. The Sen- then be a mouthpiece for Wall Street. have been playing by the rules; yes to ator from Minnesota. Doing nothing and calling it leader- protecting them from more reckless fi- Ms. KLOBUCHAR. Mr. President, I ship is not an answer. Saying no once nancial gambling and creative deriva- rise to express my disappointment that again and keeping the status quo is not tive schemes; yes to guaranteeing tax- we were unable to reach an agreement an option. Saying no to sensible Wall payers will never be on the hook the today to begin debate on reforming Street reform is a sure-fire way to wind next time risky corporate decisions Wall Street. As my colleague from New up right back in the same mess we just force a too-big-to-fail company into Jersey, Senator MENENDEZ, so elo- got out of recently. Saying no is the bankruptcy. quently put it, this is not the time to surest recipe for more taxpayer bail- We cannot have a system where big say no. This is the time to move for- outs. Wall Street banks and others take ward and get something done. The bottom line is, we as Democrats huge gambles knowing they can keep Someone referred to the Senate the are here to say yes to commonsense re- the gains if they win but we as a coun- other day as dysfunction junction. It form so that Wall Street excesses will try will pay the costs if they lose. That was a nice little rhyme, and I can tell never take us to the brink of economic is playing Russian roulette with our you it is incidents such as the one we ruin again, yes to a free market. But economy. When that happens, the vic- saw tonight, where our friends on the there is a difference between a free tims are hard-working families who did other side of the aisle will not even market and a free-for-all market. What everything right. They played by the allow debate to start, that leads to we have had is a free-for-all market. rules. Wall Street did not. And they ex- that sad name. We are ready to move Our Republican colleagues seem to pect us to make it right. They worked away from the station. There are those want the free-for-all system to remain as hard as they could at every job they of us who have been out talking to our exactly as it is: same lack of rules, had and earned all their lives to buy a constituents, and we know the train

VerDate Mar 15 2010 13:44 May 31, 2013 Jkt 089102 PO 00000 Frm 00024 Fmt 0686 Sfmt 0634 E:\BR10\S26AP0.000 S26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 6234 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 5 April 26, 2010 has to leave the junction. The train has doing well, Main Street has pneu- by major challenges, we always rose to to move ahead, and we need to move monia. Small businesses today are still those challenges. When Hitler was run- ahead with this Wall Street reform. starved for credit. The small banks, ning across Europe and Pearl Harbor Last week, I came to the floor with which Senator MENENDEZ pointed out happened, our country didn’t just say some of my colleagues to talk about had nothing to do with starting this no. We rose to the challenge, and the another delay—a delay of nominations. crisis, are also suffering. That is what greatest generation won that war. These are nominees who have been is happening in this country today. When the Russians were going to put a voted out of committee, sometimes Nearly 3 years after our financial man on the Moon, we didn’t just say: with unanimous support, but are now system began to melt down, America Oh, go ahead. We are not going to get waiting months for a full vote on the continues to suffer the effects of the involved. Senate floor. During this same time- worst economic crisis since the Great CLOTURE MOTION frame in the Bush administration, five Depression. Millions of Americans have Mr. REID. Mr. President, I send a nominees were outstanding. Yet the lost their jobs, homes, retirements, and cloture motion to the desk. same time during the Obama adminis- savings. Although some key indicators The PRESIDING OFFICER. The clo- tration over 100 nominees are out- are beginning to move in the right di- ture motion having been presented standing. So if there is anyone who rection, I can tell you, having been under rule XXII, the Chair directs the doesn’t believe us about this delay and home this last weekend, many families clerk to read the motion. what is going on, look at those num- are still struggling, and the economic The legislative clerk read as follows: damage is slow to reverse itself on bers and look at what is happening CLOTURE MOTION Main Street. with this reform. We, the undersigned Senators, in accord- It is ironic we are talking about put- Meanwhile, on Wall Street, the larg- est firms handed out record bonuses to- ance with the provisions of rule XXII of the ting rules in place to prevent Wall Standing Rules of the Senate, hereby move Street from gaming the system, when taling nearly $146 billion, an 18-percent to bring to a close debate on the motion to we have plenty of Senators who are increase from 2008. What do we have at proceed to Calendar No. 349, S. 3217, the Re- gaming the system right here. But home? U.S. per capita income declined storing American Financial Stability Act of there is a problem with that. The 2.6 percent. Boiled down to its essen- 2010. American people aren’t a game of tials, the financial crisis was about Harry Reid, Christopher J. Dodd, Blanche L. Lincoln, Sheldon White- chance. They don’t want the dice rolled risk. Everyone thought they could manage but, instead, things got wildly house, Jeff Bingaman, Bernard Sand- over their futures. They don’t want the ers, Russell D. Feingold, Kay R. Hagan, dice rolled over their family homes. out of control. Three years later—and I think it is hard for people to believe Tom Udall, Robert P. Casey, Jr., Jon They want us to get this done. Tester, Charles E. Schumer, Jeff Look at what has happened with this this—we can’t seem to even get past a Merkley, Byron L. Dorgan, Mark R. filibuster, again stopping us from going debate tonight about actually getting Warner, Jack Reed, Roland W. Burris. to debate. In the entire 19th century, the bill on the floor. Three years later Mr. REID. Mr. President, I express including the struggle and the debate Wall Street is still operating by the my appreciation to the Senator from same old rules. That is why it is so im- about slavery, fewer than two dozen Minnesota for allowing my interrup- portant we begin this debate. filibusters were mounted. Between 1933 tion. There may be some of my colleagues and the coming of the war, it was at- The PRESIDING OFFICER. The Sen- who think all Wall Street needs is fix- tempted only twice. Under Eisenhower ator from Minnesota retains the floor. ing a few potholes. Well, that has been and JFK, the pattern continued. In 8 Ms. KLOBUCHAR. As I was saying, tried before and it certainly didn’t Mr. President, this country has done years of the Eisenhower administra- work. I think what we need are some well not by saying no but by saying yes tion, only two filibusters were mount- stop signs at some intersections and and by moving ahead and getting ed. Under Kennedy, there were four. some very good traffic cops. There is a But now we see this tactic being em- lot more to the modern financial sys- things done. We can’t let this continue. ployed over and over. This year alone, tem, as we all learned, than meets the We have to put these rules in place. Some of our colleagues on the other since January, we have had over 50 fili- eye. We need transparency and ac- busters. countability. That is in this bill. We side of the aisle are, in good faith, ne- I can tell you I believe, in the end, we need an early warning system for too gotiating; others are not. The Amer- are going to get this done. I believe, in big to fail. That is in the bill. ican people will not allow this games- the end, we will have Republican votes We need derivatives reform, and I am manship to continue. The game is over. for this bill because I know there are not talking about the good work busi- Let’s debate. Let’s get some amend- some colleagues on that side of the nesses do to weather an economic ments. There are changes we can make aisle who want to get this bill done and storm when they hedge their bets with- to the bill, changes I support. But the who have been working to get it done. in their businesses. I am talking about only way we are going to get this done But the reasons I heard raised today the wildly out-of-control, over-the- is by getting this bill on the floor and for holding up debate do not ring true. counter derivative trails when finan- allowing for debate. The American peo- First off, advancing the idea that cial institutions were trading things ple deserve nothing less. this bill isn’t already a bipartisan prod- they didn’t even understand and cre- I yield the floor. uct would be a slight to all those who ating the big mess we are in. The PRESIDING OFFICER. The Sen- have worked on it. I see Senator DODD Reform legislation must include, and ator from Delaware. over here, who worked for months and this legislation does include, provisions Mr. KAUFMAN. Mr. President, I first months and months to craft a bipar- to look out for the best interests of came to this place in 1973, working for tisan bill. The bill we have before us is consumers by educating them about then-Senator BIDEN, and one of the the product of countless hours of nego- their financial choices, ensuring that things you learn around here, after you tiation between Members on both sides they have access to less risky products have been here a while, is the Amer- of the aisle and incorporates many of and protecting them from abusive sales ican people don’t care about procedure. the agreements that were reached. practices, including from nonbank That is one of those things they don’t If anyone thinks there is a more im- lenders. When we look back at what care about—procedure. It is all too portant issue to have before the Sen- happened the last few years, it is like complicated. I don’t blame them. Half ate, that there is some reason we Wall Street was driving down the the time, I don’t know what the proce- shouldn’t be debating this, I don’t street in their Ferrari and the govern- dure is. Procedure doesn’t work. think they have been talking to the ment was following behind in a Model But during those 37-some years, people back home. The people under- T Ford. That has to stop. every once in a while something comes stand that while Wall Street maybe got When we look at the history of this along where procedure matters. Our a cold and has bounced back and is country, when we have been confronted friends on the other side of the aisle

VerDate Mar 15 2010 13:44 May 31, 2013 Jkt 089102 PO 00000 Frm 00025 Fmt 0686 Sfmt 0634 E:\BR10\S26AP0.000 S26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 26, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 5 6235 have had a field day on procedure for are three amendments already that I cause, like them, I am deeply dis- the past 15 months I have been here, am in favor of to change this bill. I appointed that 41 Republican Senators and they count on the fact that nobody have heard Chairman DODD say time tonight voted to stop us from even be- in America cares about procedure. So and again, this is not the perfect bill. ginning to debate on legislation to rein what they have done is, time and This is a bipartisan bill. We have put a in the reckless and risky Wall Street again, they have filibustered motions lot of effort into it. But he has wel- conduct that brought this economy to to proceed. That is hard to explain to comed the opportunity for people to its knees. Rather than make the case someone out in America. come forward and offer amendments. out in the open on the floor of the Sen- What is a filibuster on a motion to I don’t get it, how you can say you ate for the changes they want to the proceed? That is hard to figure out. So don’t agree with a bill, but you will not Wall Street reform bill, these 41 Sen- you can get away with that. You can let anything happen on it and on an ators who voted to block debate are, filibuster on a motion to proceed and issue such as this—an issue that is so instead, saying they want changes then you can filibuster on the bill and important to the American people. It is worked out behind closed doors. They then filibuster on cloture and all these so important that we get it right. It is are actually saying they will prevent words mean nothing to most Ameri- time. Committees are great, and I sup- debate and hold this Wall Street re- cans. port the committee system. I think form bill hostage until they are accom- I am all for filibusters. I think it is they are wonderful. I think negotia- modated behind closed doors. important to maintain the rights of po- tions are great. I think the bipartisan We heard Senator KAUFMAN say there litical minorities, and that is the way negotiations that have been going on— are amendments he wants to the bill. to do it. I say to my colleagues who are and I know they are going on because I There are amendments I wish to see in here and who want to change the fili- have seen them on the floor. I have the bill. For example, I think we need buster rule, spend a year in the minor- seen there are about 10 or 12 members to strengthen the provisions in the bill ity or 2 years in the minority and then from the Banking Committee who are to prevent financial institutions that come to me and tell me you want to working. are supposed to be helping American change the filibuster rule. What people Chairman DODD, in the beginning, set companies finance their growth plans— don’t realize—those who want to this up and he delegated it down so that are supposed to be helping fami- change the filibuster rule—is that Senator WARNER and Senator CORKER lies save for their retirement, that are when one side or the other gets out too were working together. He had a Re- supposed to be helping families save for far, then the American people notice publican and a Democrat working on their kids’ college education—to pre- what goes on and they come in and each of these things. They are still vent those institutions from making they fix it. working, as we talk now. But it is time risky side bets for their own profit. But I am convinced that is what is going for that to stop. It is time for us to get rather than block the Senate from tak- out in the open and be a Senate. It is to happen today. I think the American ing up the Wall Street reform until I time for us to debate these issues in people have figured out what it is my get what I want, I intend to cosponsor the open. It is time for the Republican friends on the other side are doing. the amendment the Presiding Officer Party to decide if they want to do They are my friends. We just have a and Senator LEVIN are sponsoring and something about Wall Street reform. I different point of view. Everywhere I then debate that issue openly on the hope they are listening. In my opinion, go in this country, people are con- floor of the Senate. we should stay and discuss it until we cerned about what happened—every- Our amendment prohibits federally are ready to go. We are going to dis- where. They are concerned because insured banks from engaging in propri- they have so many friends and rela- agree. One of the big things I am in favor of etary trading and it imposes strict cap- tions who lost jobs and other friends is returning to Glass-Steagall. When ital charges on large nonbank financial and relations who have lost their institutions to limit their proprietary we voted on that in 1999, Senator DOR- houses and they say: What are you trading. GAN voted against it and Senator going to do about it? What are you in We have all learned in recent days SHELBY voted against it. These are not Washington going to do about it? Don’t about the proprietary trading that issues that are Republican or Demo- you get it? Don’t you understand what cratic issues, in my opinion. I have Goldman Sachs was doing, betting is happening here? You are not going talked to my colleagues on the other their own money that mortgage-backed to do anything about this? side about some of the amendments I securities would fail, while getting I have watched Senator DODD work am offering, and they say they are in- their clients to invest in those same for hours and days and months—and, terested in them. I don’t see this as mortgage-backed securities. I am sure frankly, years—to try to put together a being a partisan fight. I think it looks there are a lot of people who think, as bill so we can vote on what will be a bi- like a fight to get political advantage. I do, that a system that allows that partisan bill. I have been hanging out I am very hesitant to bring that for- kind of conflict does not make sense at this place or teaching about it for 37 ward, but that is what it looks like to and we need to change it. So I think we years, and I have never seen anyone me. It looks like they do not want to need to get this bill on the floor so we work any harder to try to get a bipar- vote, period. I know that is not true for can debate this issue and so many oth- tisan bill. Frankly, Mr. Chairman, I certain Members on the other side. I ers that we need to address to change got a little frustrated because it took know they wish to talk about these the practices on Wall Street. so long. But Chairman DODD did the issues. We need to enact a strong Wall right thing because I think he knew, at So I wish to say to the American peo- Street reform bill as soon as possible. some point, if we didn’t get agreement, ple tonight, it is time to contact your While we delay, the big banks on Wall we would be here and we would be faced Senator and say: Let’s bring financial Street have returned to the same types with charges that this was a partisan regulatory reform to the floor. Let’s of reckless and risky gambles that bill. This is not a partisan bill. debate the issues on it. Let’s get to the brought our economy to the brink of a As you know, Mr. President, you and amendments and let’s pass it so mil- complete financial meltdown. My I have differences with this bill. The lions of Americans who have lost their grandmother used to say that while the Presiding Officer and Senator LEVIN jobs and their homes know we in the cat’s away, the mice will play. Today I have an amendment to offer, which I Senate have done everything we can to think my grandmother would say while am a cosponsor of, to change the bill. I make sure this never happens again. Wall Street reform is delayed, middle- have an amendment with Senator I yield the floor. class families are being played. SHERROD BROWN of Ohio to make some The PRESIDING OFFICER. The Sen- Let’s be clear. A vote against opening changes to the bill. Senator CANTWELL ator from New Hampshire. debate on holding Wall Street account- and Senator MCCAIN have an amend- Mrs. SHAHEEN. Mr. President, I am able is a vote to protect Wall Street. ment that I am a cosponsor of. There here tonight to join my colleagues be- We are still suffering the consequences

VerDate Mar 15 2010 13:44 May 31, 2013 Jkt 089102 PO 00000 Frm 00026 Fmt 0686 Sfmt 0634 E:\BR10\S26AP0.000 S26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 6236 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 5 April 26, 2010 of unregulated Wall Street greed. Mil- loan. Guess what. The hospital paid ple procedural motion on the debate to lions of hard-working Americans lost every penny of that money back to our debate, then we will be right back their jobs through no fault of their own bank, plus we made interest on it. It where we started—no safeguards and they still can’t find work. Too wasn’t a giveaway; it was not any type against this kind of deception and many small businesses still can’t get of charity; it was a business trans- abuse in the future. credit. We need to do everything we action to help the community. That is I call on my colleagues to join me in can to ensure that the recent financial what banks ought to be doing. That is supporting moving on to Senator crisis never happens again, that tax- why we need to pass strong financial DODD’s bill. Let’s move on to it and get payers never again have to bail out reform, to prevent bad behavior on on with the business of debating the Wall Street bankers for their bad bets. Wall Street from sinking ordinary folk bill and not debating to debate. I ask I hope all those Senators who tonight on Main Street. I know a little bit my friends on both sides of the aisle to voted to block us from taking up Wall about Main Street because that is stand with me on the side of the Amer- Street reform will reconsider that vote where I financed those businesses. ican people. Let’s move to debate this and that they will come to the floor of I urge my colleagues to join me in financial reform legislation without the Senate and let us do the work of supporting the reform legislation in- delay. the people of this country. troduced by Senator DODD, the distin- I yield the floor. The PRESIDING OFFICER. The Sen- guished Senator who put his life into The PRESIDING OFFICER. The Sen- ator from Illinois. this business, trying to make sure we ator from Rhode Island. Mr. BURRIS. Mr. President, for years have some type of financial security Mr. WHITEHOUSE. Mr. President, we at big corporations such as Goldman for the people and not a bunch of peo- are now, for those who are tuning in, in Sachs, Wall Street bankers packaged ple who are going around ripping off a situation in which the Republicans bad mortgages and sold them to inves- folk and getting rich off of the work of who filibustered probably about 100 tors. They knew these investment vehi- other people. This bill would have pre- times in this session, are now filibus- cles would inevitably fail so they vented Goldman Sachs and other com- tering not a piece of legislation, they turned around and bet against them. panies from getting into this mess in are filibustering the ordinary proce- They bet against the American people. the first place and it can help ensure dural technical motion on the Senate That is what they did when they put that we will never end up in this posi- floor to move to that piece of legisla- these packages together. They sought tion again. tion. There will probably be a whole to make a profit off the misfortunes of I hope so, but we don’t know what second filibuster when we actually get their own customers. will come up. I heard Senator WARNER to the Wall Street reform bill. For now, Tonight we stand at the brink of a on the floor today. Senator WARNER what they are filibustering is moving real debate on this topic, but our Re- was saying he might not know what to proceed under the Senate rules, to publican colleagues will not even agree will happen and probably won’t. But I take up the bill and begin the debate. to let us move forward. We have to de- hope when we get this legislation to de- In obstructing us from even debating bate whether we are going to debate. bate—the legislation we are debating the Wall Street reform bill, the Repub- Main Street suffered the most chal- to debate—it will never happen again. lican minority has once again shown lenging economic situation in a gen- But first we need to agree to debate the the American people whose business it eration. It has been made clear tonight bill on the floor. is they serve. Make no mistake about who the Republicans stand with—they I ask my colleagues on the right to it, Wall Street bankers are chortling stand with Wall Street—because we are simply talk and debate about the ideas tonight about this, Champagne corks debating to debate. on this bill. I want Glass-Steagall. I am are flying across Wall Street, all in After the breathtaking scope of the cosponsor of the amendment for the celebration of the Republican success economic crisis that America is only Glass-Steagall Act to come back. This in once again obstructing reform. Each now coming to terms with, how can we legislation will create a consumer pro- day the Republicans delay us, high- simply refuse to move forward, refuse tection bureau designed to shield ordi- powered investment banks make more to debate this critical legislation? We nary Americans from unfair, deceptive, money on highly leveraged gambles. are debating to debate—unbelievable. and abusive business practices. As a Each day the Republicans delay us, We have to debate to debate about fair, former attorney general, I know what mortgage brokers, unregulated by a meaningful reform while Wall Street it is, in so many of these financial situ- consumer protection agency, push peo- continues to pose a systemic threat to ations, mistreating our consumers. I ple into poor quality mortgages with the American financial system. defended those consumers tremen- confusing terms. Each day the Repub- I know a little bit about the financial dously during my years as Attorney licans delay us, CEOs continue to get system. I am probably the only one General of the State of Illinois. I want rainy day bonuses, unchecked by prop- here who is a banker. I spent my early the bill to establish an oversight task er corporate governance and oversight. years in the biggest bank of the State force to keep an eye on emerging risks Each day these Republicans delay us, of Illinois, selling money for a living. I so we will not be taken by surprise credit card companies trick and trap know about banking and I knew what again. It will end too big to fail, pro- American consumers with exorbitant Glass-Steagall would do at the time. It tect taxpayers from unnecessary risk, rates and fees and no consequences. prevented us from getting into the in- and eliminate the need for future bail- Each day the Republican minority surance business, the investment bank- outs. delays us, Wall Street wins and Main ing business, and banks were still able This bill would also increase trans- Street loses. to grow and to make loans to the var- parency and accountability for banks, The ties between the Republican ious entities that needed the loans. hedge funds, and the derivative mar- party and Wall Street CEOs are pretty That is what we were there for, to as- ket. Some people don’t even know what well documented. News outlets, for in- sist businesses to grow and provide they are doing about it, so big compa- stance, reported earlier this month capital and make sure they would be nies such as Goldman Sachs won’t be that the leaders of the Senate minority successful and repay their loans. able to get away with fraud anymore. sat down with two dozen top Wall As a matter of fact, I financed some These basic reforms will establish clear Street executives to discuss Wall of the most difficult businesses in the rules of the road for the financial serv- Street’s concerns with these proposed State of Illinois. We had a government- ice industry so we can keep the market reforms. Nobody is talking about what guaranteed loan section for startup free and fair without risking another was said, what deals were made, what businesses. I loaned $1 million to a economic collapse. winks and handshakes were exchanged. church-owned hospital, the first Black But if we fail to take action, if we do The meeting was behind closed doors. church-owned hospital in America. I fi- not pass this reform legislation, if we But the very people who brought about nanced that in 1969 with a $1 million even fail to move forward on this sim- the housing bubble and the financial

VerDate Mar 15 2010 13:44 May 31, 2013 Jkt 089102 PO 00000 Frm 00027 Fmt 0686 Sfmt 0634 E:\BR10\S26AP0.000 S26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 26, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 5 6237 meltdown and profited handsomely into subprime mortgages and other people. Let’s end the endless filibuster through both have been strategizing tricky, ‘‘gotcha’’ financial products and obstruction and delay. with the Republicans on how to pre- with little hooks and tricks and traps I yield the floor. vent us from cleaning up their indus- in there to catch the unsuspecting con- The PRESIDING OFFICER. The Sen- try. sumer. We need a regulator in place ator from Colorado is recognized. They have good reason to do so. By who can monitor the market and act Mr. UDALL of Colorado. Mr. Presi- continuing to operate too-big-to-fail quickly when there is a consumer haz- dent, I rise today to speak about the firms, these executives make millions ard. We need this new agency to do for critically important legislation before in the good times and get taxpayer credit cards and mortgages what the the Senate, the bill to reform Wall bailouts in the bad times. It is win-win Consumer Product Safety Commission Street and end the excesses that sent for Wall Street and lose-lose for the does for toasters and toys. A tough, our economy into a tailspin. American people. The American people independent consumer protection agen- Having made the tough choice to fend off a collapse of our economic sys- have about had it with that deal. They cy is a plain-old good idea to give con- tem, we must now look back and decide want Wall Street cleaned up. sumers a fair shake. An ABC News/Washington Post poll The bill would also consolidate exist- what actions are required to hold Wall conducted yesterday found that an ing bank regulators so that banks can- Street accountable and put consumers overwhelming majority, 63 percent, of not shop around for the most lenient back in control of their finances. This Congress has taken decisive ac- Americans support ‘‘stricter Federal regulator. Under the bill the Repub- tion to stem the bleeding, actions that regulations on the way Wall Street licans won’t even let us debate, regula- were not always comfortable, but were firms conduct their business.’’ Every tions would be strengthened over all fi- necessary. And our economy is starting one of us can vouch for that from what nancial firms. No more changing your to heal. Yet we remain at a seminal we are hearing from our constituents charter just to avoid the rules you moment in history. at home. The Republican minority can don’t like and picking your favorite One tenth of our population remains delay reform but they cannot defeat it. regulator. unemployed, the threat of home fore- Remember Joshua; he walked around Again, these are commonsense pro- closure haunts far too many families, the city of Jericho blazing his horn. tections against Wall Street trickery. and American seniors are scrambling The first time the walls did not come But they are being blockaded. to replenish what were once considered down. The second time the walls did Perhaps the provisions that have the their retirement accounts. not come down. He had to go seven CEOs most distressed are the ones that The fault for this economic decline, times around the city of Jericho before would crack down on runaway execu- however, does not lie at the feet of the those walls came down, but the walls of tive compensation. It is really remark- working class nor reflect the steady obstruction of the Republican minority able that even in the worst of times, strength of American ingenuity. In- are going to come down on this issue Wall Street bankers pay themselves stead, the Wall Street bailout, and the because the American people will not multimillion-dollar bonuses. There threat of global economic depression have it any other way. really are no lean years, it appears, on that necessitated it, was thrust upon Let’s look at the provisions of the Wall Street, just good times and really, us by those who put short-term self-in- bill as it passed Senator DODD’s Bank- really, really good times. terest above the economic security of a ing Committee that they are so upset The bill the Republicans will not let nation. about, the bill that the Republicans are us debate would give shareholders a It is an unpleasant fact to admit. But so upset about, they are obstructing us stronger say on management com- the current financial system all too from even debating it and beginning pensation and would ensure that the often rewards greed and recklessness, the process of legislating. compensation committees of boards of fans speculative trading, and has fos- The bill would end government bail- directors, the ones who are figuring out tered shady dealings that are so com- outs by establishing an industry-fi- what the CEOs should be paid, are com- plicated that only those Wall Street nanced wind-down mechanism to put posed of directors who are independent, firms that stand to benefit can com- banks that are failing out of their mis- who are not tied to the management: prehend them. ery. That is how we would deal with fu- No more having your pals and golfing Compounding this, consumers have ture meltdowns—no more taxpayer buddies decide how much you should be found themselves on the losing end of bailouts, no more AIG. paid. It would also require companies these deals. Wall Street executives The Republicans, amazingly, assert to develop policies that would permit have taken excessive risks, knowing a that this industry-financed resolution them to rescind compensation—to take sweetheart contract, bonus or stock fund to put an orderly end to banks it back—if the executive is found to option will cover their losses while that have gotten in trouble will actu- have engaged in fraud. stockholders are left empty handed. ally perpetuate government bailouts. Again, these are commonsense provi- Nearly one quarter of Americans have That does not even make sense. So why sions to prevent unfairness and to give found themselves with home mortgages are they saying it? Well, they are say- the American people a chance. Yet the they struggle to afford, while the lend- ing it because a Republican pollster Republicans will not even let us debate er’s commission has long been spent. named Frank Luntz determined that if them. And, American consumers have to you call a bill a bailout bill, the public The American people have grown jump through hoop after hoop and ulti- will be alarmed and confused and upset sick and tired of delay and obstruction, mately pay to have access to their own and against it. So they are saying it and they want their Congress to move credit score, while banks and lenders because the polling shows that is what forward with the people’s business. can easily obtain this information to will concern Americans. This is something on which we should hike their annual interest rate or We have gotten to the point where it agree. The American people also over- monthly payment. is no longer important in American de- whelmingly favor stronger regulation Don’t get me wrong, I am the first to bate for words to be true; it only mat- over Wall Street banks. So let’s get to recognize that our financial sector his- ters that they have the requisite effect. it. torically has played a driving role in Well, words that are used for their ef- I implore my Republican colleagues the growth of our economy. In many fect without regard for whether they to cut the delay tactics and let us de- instances, Wall Street’s ingenuity has are true have a name; it is called prop- bate a bill that will help prevent future spurred solid investment and helped aganda. Frankly, it is beneath proper financial crises. If they have a better U.S. businesses compete world-wide. debate in this forum. idea and they want to offer it on the But we cannot ignore the plain fact The bill would also create a strong Senate floor, that is what we are here that transparent investing and fair consumer products regulator to make for. But let’s get to the bill. Let’s begin business dealings seem to be the excep- sure Americans are never again fooled the process of serving the American tion, rather than the rule.

VerDate Mar 15 2010 13:44 May 31, 2013 Jkt 089102 PO 00000 Frm 00028 Fmt 0686 Sfmt 0634 E:\BR10\S26AP0.000 S26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 6238 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 5 April 26, 2010 In one recent example, the U.S. Secu- new transparency and accountability this debate is a vote to protect Wall rities & Exchange Commission alleged rules to ensure that complicated finan- Street at the expense of hard-working that Goldman Sachs realized that the cial derivative transactions take place Americans. Too much is at stake to let only way out of bad securities was to in an open marketplace. this delay persist. sell them to unwitting investors. This legislation provides what our President Roosevelt said in 1932, This investigation is rapidly expand- friends, neighbors, and family members ‘‘Never in history have the interests of ing to other financial firms and prod- for years have been demanding, a sys- all the people been so united in a single ucts, and is symptomatic of how out of tem that is designed for them, rewards economic problem.’’ Once again, as we touch Wall Street has become with the hard work, and is grounded in the kind did 70 years ago let us get to together American workers who are the real en- of business integrity that Americans put in place protections against the gine of our economy. every day certify with a handshake. In Wall Street excesses that threaten our As the 2008 collapse washed away short, Americans back in control of economic stability. nearly half of Americans’ savings and their financial well-being. The PRESIDING OFFICER (Mr. investments, these same taxpayers That is why, in addition to the re- WHITEHOUSE). The Senator from Or- were on the hook to finance Wall forms we will be discussing this week, egon. Street’s rescue. I understand the anger I introduced legislation last week with Mr. MERKLEY. Mr. President, to- of Coloradans and Americans all bipartisan support to put everyday night we had a vote in which 57 Mem- around the country, many who felt Americans back in charge of their fi- bers of this body said we should pro- that the big banks should have been nances by giving consumers free access ceed to have a fully public debate and left to fail. to their credit score. votes on issues related to Wall Street So our constituents have asked us: I thank Senators LUGAR, MENENDEZ, and Main Street; 57, far more than a Please reform the current laws so that LIEBERMAN, LEVIN, HAGAN, SHAHEEN, majority, said it is time for us to come this does not happen again. Please hold KLOBUCHAR, TOM UDALL, and SCOTT to this floor, now well more than a Wall Street to the same rules that BROWN for joining me in putting con- year after our bubbled economy burst, hardworking families and small busi- sumers first by cosponsoring this com- and wrestle with the right rules of the nesses are held to. monsense legislation, which has the road and lane markers for our financial But now, as the economy recovers, support of a wide range of consumer system. But, unfortunately, 57 votes slowly adding jobs and allowing fami- groups. are not enough. We need additional lies to rebuild their savings and retire- Today, in looking back on the mis- votes from our colleagues across the ment portfolios, Wall Street is report- takes of the past and the imbalances aisle in order to have that debate on ing record profits and its executives that still disadvantage consumers, this floor. We need additional votes are again pocketing record bonuses. Americans deserve a Congress on their from our colleagues across the aisle to It is time to put American consumers side. consider what the lane markers should back in control of their financial fu- Yet some here appear to still support be and what the traffic signals should ture. We must hold Wall Street ac- a risky system where Wall Street can be in our financial regulatory system. countable and create a financial sys- act with impunity and get bailed out Tonight we did not get those votes. tem that works for all Americans, not when things go bad. They want to pro- Instead, tonight my colleagues across just rich executives. tect speculators at the expense of con- the aisle said they do not want a de- The legislation that we are trying to sumer protections and shield financial bate in public on how to reform Wall bring up for debate this week does just institutions from rules that would Street. They want a conversation be- that. With Senator DODD’s leadership, avert taxpayer-financed bailouts. hind closed doors instead. Quite frank- the Wall Street Accountability Act I am here to say that those days are ly, I don’t think the American people will: over. We must hold Wall Street ac- agree with them. Safely regulate the shadow markets countable and we cannot let the status There are many parts of this story, and the hidden side-bet financing that quo persist. but it is a story that can be told in mil- escaped the regulatory radar and al- A few blocks from here outside the lions, billions, and trillions. The mil- lowed financial firms to engage in the Federal Trade Commission stands a lions are the size of the Wall Street bo- risky and irresponsible behavior that pair of statues, each depicting a heroic nuses. A single bonus can equal what a wiped out trillions in family savings. figure straining to control a powerful working family can expect to earn in The bill will hold big banks and fi- horse. They were erected under the an entire career. Then we have the bil- nancial institutions accountable for Roosevelt administration as an em- lions, the billions of dollars of quar- the bad decisions they make, and make blem to Americans from all walks of terly profits of many Wall Street firms. them plan ahead to deal with their life that fair business practices would Then we have the trillions. That is the losses to ensure that taxpayers are serve to further the common good of trillions of dollars of damages to work- never again responsible for bailing out all. Well, I have news: Under our cur- ing families in America. a financial firm that is deemed too big rent system, the reins have been re- What happened when the bubble to fail, like AIG. leased when it comes to Wall Street. burst more than a year ago? We had a The bill will also hold Wall Street ac- And now some 70 years later here we tremendous loss in the value of retire- countable by giving consumer share- are, at a similar point in history. We ment savings. We had a tremendous holders new power to prevent excessive must stand together once again as a loss in the family savings for children bonuses that reward executive failures, nation committed to sound investing, to go to college. We had an enormous while average Americans are left hold- transparent business dealings and an drop in employment. We had a tremen- ing the bag. economic system that puts consumers dous drop in families covered by health Complementing the credit card bill I first. care because of the loss of employ- introduced in the House of Representa- This debate is about choices, and the ment. We had damage on every part of tives several years ago and legislation American people have a clear choice. a family’s finances, including the value Congress passed last year, this bill There are a lot of us here who want to of their home, so that millions of forces big banks and credit card compa- get to work. American families today owe more on nies to provide clear, understandable But the vote we just took tonight their home than their home is worth. information to consumers. This bill also showed that some in this institu- Quite frankly, I don’t believe a sys- will also hold the nonbank lending in- tion are willing to filibuster and delay tem of million-dollar bonuses and bil- dustry to the same sort of standards as to prevent the Senate from even debat- lion-dollar profits and trillions of dol- the traditional banking industry. ing Wall Street reforms. lars of damage to American working Finally, this bill will start to change It is clear to me and clear to Colo- families is a system we need in Amer- the culture of Wall Street by instilling radans that a vote against even having ica. Tonight’s vote was about whether

VerDate Mar 15 2010 13:44 May 31, 2013 Jkt 089102 PO 00000 Frm 00029 Fmt 0686 Sfmt 0634 E:\BR10\S26AP0.000 S26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 26, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 5 6239 to have a public debate on the rules of How do we rebuild our economy so it Quite frankly, it is amazing what we the road for Wall Street, but it was builds working families? That is what hear on this floor. Here is a fund de- also about whose side are we on. Are we are about. We can proceed to look signed to ensure that taxpayers are we on the side of some Wall Street at the pieces of this bill. Senator DODD, protected, to ensure the financial in- firms which don’t believe that any ad- who is here tonight, the chair of our dustry pays their own cost of disman- ditional rules of the road are nec- Banking Committee, has put so many tling their firms. Yet it is spun 180 de- essary? strong steps forward on the work that grees until north is south and south is They are happy with the status quo. came out of his committee. A lot of north, trying to confuse the American Bonuses have rebounded on Wall folks don’t realize the humble family public. Street. Profits have rebounded on Wall mortgage and a new product that came I don’t think the American public is Street. But if you are not paying atten- out in 2003 is right at the center of the going to be all that confused about tion, let me clue you in. The American fiasco in our economy. this. They want to see the financial in- working family has not rebounded. Ten What happened? A new mortgage dustry pay for the cost of dismantling percent of American working families called a subprime came out. It was de- their own failures. They don’t want to are unemployed. Houses are still under- signed differently than subprimes in be on the hook again. You can try to water, savings still decimated. the past. It was designed with a 2-year keep pulling the wool over the eyes of It is very important we have this de- teaser rate—that is a low interest the American people, but it will not bate on the floor of the Senate, that we rate—then with a prepayment penalty work. I say to my colleagues across the ask ourselves about and we adopt the that prevented families, once the ink aisle, if you want to pull the wool over right rules of the road, the right traffic had dried on the mortgage, from ever the eyes of the American people, come signals, the right lane markers to cre- escaping that mortgage without giving here and propose that amendment that ate a solid financial foundation for our many pounds of flesh, and then an ex- puts the taxpayers back on the hook, economy to thrive. ploding interest rate that soared from when we are taking them off the hook. That is what happened after the perhaps 4.5 percent or 5 percent to 9 See how it fares. Make your case, make Great Depression. New rules were percent or maybe even 11 percent, in- your fair debate on this floor. But adopted that restored the integrity of terest rates that could never be sus- come and face and present and debate the American financial system, that tained. and vote so that we can proceed to put restored the integrity of the stock This diabolical device was worth a the rules of the road back in place for market. Why was that important? It lot of money on Wall Street because it Wall Street. meant that people throughout America was going to make a lot of money pull- This bill takes a huge stride forward and around the world said: We can ing those exploding interest rates out on proprietary trading. It says we trust to invest in the United States be- of American families. So Wall Street should not put fireworks in our living cause their system has integrity, it has paid bonuses back to brokers to say to rooms. That is pretty straightforward. transparency. That solid foundation them: I am your financial adviser. I Fireworks are wonderful. I love fire- has served our Nation well for decades recommend this subprime loan, instead works on the Fourth of July. This bill until deregulation dismantled it, al- of recommending a loan that was best says they should not be stored in the lowed wild speculation. Wild specula- for the family. So a vicious circle re- living room. I have an amendment that tion and wild risk led to a spectacular sulted in exploding subprime mort- I think will further strengthen that gages. concept. collapse of the economy, and working This bill that has come out of the I applaud my colleague, CARL LEVIN families are still paying the price. Banking Committee says: No longer. from Michigan, my cosponsor, who has So what is the way to be on the side Prepayment penalties will not be al- brought forward a part of that amend- of working families? It is to say: We lowed on subprime mortgages. We will ment and emphasized it, saying we will adopt those rules to provide that break the cycle that led us into this need to address the conflict of interest new foundation, that new muscular set economic fiasco, this financial fiasco. in financial firms. What is that conflict of rules that will allow Wall Street to If my colleagues across the aisle have of interest? You should not be in the prosper but will also set the foundation some ways to improve on that, then position of designing and selling secu- for the American economy to prosper. let’s have a public debate. Let’s have rities, telling your customers that they How should we measure the success that amendment on the Senate floor. If are the best thing since sliced bread of that economy? This economy should my colleagues across the aisle think over here, when at the same time you not be measured by the size of the bo- they don’t want to protect a fair deal are betting against those securities be- nuses on Wall Street. The success of for consumers and they want to con- cause you think they are going to fail. our economy should not be measured tinue a diabolical subprime exploding That is a conflict of interest. It should by the billion-dollar quarterly profits interest rate trap that has destroyed not be allowed. of Wall Street firms. The success of millions of families, then go ahead and Under the Merkley-Levin amend- this economy needs to be measured by propose that amendment. I doubt the ment, we will address that as well as how well we build the financial founda- majority of people will support it. I strengthen proprietary trading. tions for working families throughout certainly will oppose it vigorously. But I am comfortable bringing that to the Nation. if my colleagues want to do that, then the floor of the Senate and having that Do we create the ability to have the have the debate on the Senate floor. debate. It may have a majority; it may next generation do better than we did? This bill is designed to end the tax- not. But that is the type of debate we Do we create living-wage jobs that en- payer from ever being on the hook for need to have on this floor. able a family to have significant oppor- bailing out financial firms again. It I could go on through the treatment tunities for their children? Do we pro- does it by assessing financial firms for of derivatives—and I applaud my col- ceed to strengthen, as we have been the cost of unwinding or, to put it a lit- league, BLANCHE LINCOLN—the discus- working at in this Chamber, the struc- tle bit more directly, dismantling a fi- sion of a consumer financial protection ture of health care? Do families in nancial firm when it fails. To make agency that provides the same fairness America have a share in the increased sure the taxpayer isn’t on the hook, it in financial contracts that the Con- productivity of our Nation which has creates a fee on the financial industry sumer Product Safety Commission pro- not been the case since 1974, the year I to pay to make sure those costs are vides on toasters, making sure that came out of high school? Yes, our Na- covered by the financial industry itself. tricks and traps and scams are taken tion had a huge surge in productivity, This is a buffer that protects the Amer- out of financial products so that a con- a huge surge in national wealth. But ican taxpayer. sumer can make a fair choice without that has not been shared with working My colleagues across the aisle have being misled by something hidden in families. That is a diversion from what said: No, here is a fund. It looks like a the fine print. That is the type of op- happened in the earlier era. bailout fund. tion citizens in this country want.

VerDate Mar 15 2010 13:44 May 31, 2013 Jkt 089102 PO 00000 Frm 00030 Fmt 0686 Sfmt 0634 E:\BR10\S26AP0.001 S26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 6240 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 5 April 26, 2010 Wall Street plays a very important rating, and the initial ingredients of a tough section on derivatives to en- role in aggregating and allocating cap- the financial crisis were born. Inciden- sure greater transparency and tighten ital, but we need to make sure the tally, today Paul Krugman wrote in their regulation. rules are done such that that role is the New York Times that 93 percent of It ends taxpayer bailouts by forcing done well, that conflicts of interest are these AAA-rated subprime mortgage- banks to pony up $50 billion to pay for removed, that transparency is pro- backed securities have since been their own funeral if they fail. This is vided, that tricks and traps and scams downgraded to junk status—93 percent. not a taxpayer-funded bailout, and let are taken out of financial products. That is hard to do on anything. me tell you why. First, it is not a bail- These are the sorts of things this bill Several bank failures and a $700 bil- out. The bank would get liquidated. does. lion-plus bailout later, the American Secondly, it is not taxpayer funded be- This is a bill that is all about fight- people were left paying the price. By cause taxpayers do not fund it. The ing for fairness for Main Street which, October of 2009, unemployment had banks do. I do not know how to make in the long term, will be a very good jumped to 10.1 percent and even today this any clearer to my colleagues business model for Wall Street as well. it remains at 9.7 percent. By contrast, across the aisle. Yet tonight we find Let’s, as a Chamber, recognize our re- just 10 years ago, in October of 2000, the ourselves where we are. sponsibility to build an economic sys- unemployment rate was 3.9 percent. Let me be clear: We cannot afford not tem that strengthens the financial Americans have lost $11.7 trillion—$11.7 to pass this bill. Americans are de- foundation of our families—that is trillion—in personal wealth since the manding we act to hold Wall Street ac- what this bill is all about—and puts financial crisis, and housing values countable. Without further protec- our country on a firm basis for decades have fallen 15 percent in just the past tions, it would be easy to have another to come. International investors will year. We have seen our retirement ac- crisis such as the one we have just been want to invest back here in America. counts shrink and our plans for the fu- through. Yet tonight, despite the ur- They will trust the integrity of our ture delayed, sometimes indefinitely— gency and the importance of this bill, system. and all because of Wall Street’s inces- my colleagues across the aisle are fili- I encourage my colleagues to come sant need to rack up enormous profits. bustering our attempt to reform Wall together when we have the next cloture Over the past few decades, Wall Street and not just the bill itself. They vote and decide it is time to fight for Street’s profits have gone through the have blocked us from even starting de- the people of this country and fight for roof. In 1987, the financial industry rep- bate on the bill by filibustering the the economic future of our country by resented only 19 percent of all domestic motion to proceed. They have done this proceeding to the debate on this bill corporate profits. By 2009, that number despite the fact that many of them ac- and the passage of this bill and getting was almost 32 percent. Thirty-two per- tually agree with substantial portions it to the President’s desk. cent of all the Nation’s corporate prof- of the bill. They are doing this because I yield the floor. its went to the financial industry. they want to stop government from ac- The PRESIDING OFFICER. The Sen- The dramatic growth of the financial tually being able to accomplish any- ator from Minnesota. services industry would be fine if Wall thing. Mr. FRANKEN. Mr. President, I rise Street was actually adding value— I have said it before, and I will say it this evening to talk about how we can helping to invest in our economy in again. This is a perversion of the fili- take a big step toward holding Wall constructive ways and to create jobs. buster and a perversion of the Senate. Street accountable and stopping it But, instead, they have been making Let’s turn our attention back to legis- from lining its own pockets at the ex- bets on bets on bets on bets. It is one lating, which is the reason voters put pense of America’s families. thing to have a commodities futures us in this august body in the first Last month, as part of the health market that provides the resources for place. care reconciliation bill, the Senate also farmers to put crops in the ground, but I urge my colleagues to support the passed student loan reform that ended it is another thing altogether when Wall Street reform bill. We often talk a longtime corporate welfare program. Wall Street is just gambling in areas on the Senate floor about wanting to Our reforms halted the enormous sub- where they have no real productive in- make sure American families are pro- sidies the Federal Government paid to terest. Let’s put Wall Street back to tected. Now we have a chance to actu- lenders in the student loan market, re- work investing in America, not gam- ally do something about it. America placing it with a program called Direct bling with its future. cannot afford another financial crisis. Lending that slashes $61 billion—$61 The bill we are discussing tonight That is now in our hands in this body, billion—in cost to the taxpayers by would ensure that Wall Street can and it is one of our greatest respon- cutting out the middleman and lending never again bilk the American people sibilities. to students directly. The money saved in the same way. It would create a Con- I thank the Presiding Officer. I yield will go toward Pell grants, helping kids sumer Financial Protection Bureau—a the floor. from working families go to college. true cornerstone of this bill. The bu- Today, as we debate Wall Street re- reau would be an independent watch- The PRESIDING OFFICER. The Sen- form, we continue that fight to end the dog for consumers housed inside the ator from Missouri. stranglehold big banks have on our Federal Reserve. The bureau would Mrs. MCCASKILL. Mr. President, I economy and, by extension, on the ev- force big banks and credit card compa- have a favorite President and it is not eryday life of the American people. nies to offer clear terms to families on President Obama. It is, in fact, Presi- Over the past year and a half, we credit cards, student loans, on retire- dent Harry Truman. I still cannot have seen, in stark reality, the dev- ment financial products. Just as impor- quite get over the fact that I am sit- astating impact Wall Street can have tantly, it would make sure mortgage ting at Harry Truman’s desk on the on our economy when it is left to its companies cannot sell misleading loans Senate floor and that I hold the seat in own devices. Fueled by unbridled greed, and mortgages to consumers so we the Senate that Harry Truman held. a love of risk—well, the love of risking avoid the kinds of problems that led to Tomorrow, when I attend the Perma- other people’s money—and an obses- this crisis in the first place. nent Subcommittee on Investigations, sion with profit at all costs, banks For the first time, the bill would set and as we see a parade of Wall Street bought up toxic mortgages by the up a council of regulators that would executives justifying their behavior, I thousands, driving the subprime lend- oversee the financial system as a will be asking questions at the com- ing market in the process. Credit rat- whole. This council would monitor risk mittee that Harry Truman made fa- ing agencies, conveniently funded by across the entire system and ensure mous when he took war profiteers to the same institutions they were rat- that industries and companies do not task many years ago. ing—that is a bad idea—gave the re- fall through the cracks between regu- Harry Truman said: sulting securities their highest AAA latory agencies. This bill also includes If you can’t convince them, confuse them.

VerDate Mar 15 2010 13:44 May 31, 2013 Jkt 089102 PO 00000 Frm 00031 Fmt 0686 Sfmt 0634 E:\BR10\S26AP0.001 S26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 26, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 5 6241 Well, I am confused. I read today something about Goldman Sachs and first said it, it was Harry Truman: It is that the ranking member, from the Re- what had happened. Then, as Senator amazing what you can accomplish if publican Party, of the Banking Com- DODD said so well on the floor the other you don’t care who gets the credit. mittee said the following at a meeting day, it is like the rooster taking credit Man, oh, man, do some people need of community bankers. I am quoting for the morning. They said, Well, we that advice in this body. We need to exactly what he said: wrote that letter and now we are back quit worrying about whether the I think we basically know what went at the negotiating table. What hog- Democrats are getting credit or the Re- wrong. We had a lot of hearings. We’ve been wash. What hogwash. The negotiating publicans are getting credit and realize working on it 15, 16 months now. table has always been open. The door all the American people want us to do That is not Chairman DODD who said: has always been open. Senator DODD is get to work. Get this thing done. ‘‘I think we basically know what went has been out working the floor of this Quit fooling around with this game wrong.’’ It is not Chairman DODD say- building and every building within a that is being played. Tomorrow I think ing: ‘‘We had a lot of hearings.’’ It is mile trying to find Republicans to sit the leader may have a motion to recon- not Chairman DODD saying: We’ve been down and negotiate and find what is sider. I would implore my colleagues on working on it for 15 or 16 months. It is the problem we need to solve to make the other side of the aisle: Reconsider the Republican ranking member on the sure we never have this kind of finan- what you are doing. Many of my col- Banking Committee. cial meltdown again in America. leagues are such fine, upstanding peo- I am confused. Is it that they do not Here is another thing that is very ple who also care deeply about their realize it is a huge problem? confusing. It is time for the markup in country. They are just wrapped up. Well, of course they realize it is a the Banking Committee. I believe the They have been convinced this is some huge problem. number is over 400 amendments were political Tic-Tac-Toe match and if Is it that they are not prepared, that filed by the Republicans for the mark- they hold on for a couple more turns they do not have enough information? up. The Friday before the markup, all they are going to be able to draw the of these amendments were on file. Well, of course not. Senator SHELBY line through the series of squares. said today: We basically know what Many people worked all weekend long This is about whether we fix a seri- went wrong. We have had a lot of hear- getting ready for the markup on Mon- ous problem. I am a big fan of how hard day, for the markup of this bill. The ings. We have been working on it for 15 Senator DODD has worked. I think he is or 16 months. chairman of the committee, assumed— trying with every bit of intellect and Senator DODD has sat here this as anybody would who has spent as passion he has to get this across the many hours working in this august evening as many Members of my class finish line, because he knows we need body as he has—that on Monday Re- and the freshmen class have come to to do it for the American people. The publicans were going to offer amend- the floor to express regret and confu- games need to stop. The American peo- ments. In fact, the Democrats worked sion about why we cannot debate this ple need to pay attention and realize all the way through the weekend try- bill. It is admirable he has sat and lis- they have a very good reason to be con- ing to figure out how many amend- tened to all these speeches tonight. He fused. Let’s debate this bill. Let’s de- ments filed by the Republicans they did not have to. He could have gone bate it beginning tomorrow. Let’s de- could easily accept without any debate home. He is invested in this legislation bate our differences. Let’s try to for all the right reasons: Because he or contention. So what happens when the com- amend it. Let’s vote on amendments. cares deeply about this country. He un- mittee starts? The ranking member on Let’s agree to disagree on some of it derstands we have an obligation as the Republican side says they don’t and decide who has the most votes to Senators to address this problem. He want to offer any amendments. What? move forward a piece of legislation, the sees it as his duty to see this through. Now I am really confused. They don’t way our Founding Fathers intended. I So why—why—did this happen today? even want to try to change the bill in guarantee they didn’t intend this. They Why did we not move forward to de- committee. They make no effort to did not intend this, a refusal to even bate? It is just politics, raw, bare- offer any substantive changes, and debate. knuckled politics—the kind of stuff then they all vote no. So let the debate begin. If the Repub- Americans are so sick of they want to If the American people don’t realize lican Party wants to lockstep and say throw up. They are so sick of this game that a game is being played here, they we don’t even get to debate it, then the playing, they want to throw everybody need to pause for a minute and think American people are going to have to out of this place. Frankly, right about about that. Why on Earth would the draw their own conclusions, and I have now, I do not blame them. What in the members of the Banking Committee a feeling it won’t be a good one. Lord’s Name are we doing delaying the from the Republican Party fail to offer Mr. President, I yield the floor. debate on this bill? one amendment to this legislation, un- The PRESIDING OFFICER. The Sen- I do believe the leader of the Repub- less there was some kind of plan, polit- ator from Connecticut. lican Party thinks his success as a ical plan: Don’t participate. Don’t vote Mr. DODD. Mr. President, let me leader can only be defined by my par- for it. Stop it. Obstructionism, saying first begin by saying if Harry Truman ty’s failure. It is like it is a football the Democrats are doing something were here tonight, he would be very game. I was confused when 41 people they are not trying to do: taxpayer proud of his successor sitting in that signed the letter saying they did not bailout. chair in the back of this Chamber. I want to go forward. All 41 Republicans It would be so easy to stand here and wish to thank my colleague from Mis- signed this letter. say there are ulterior motives about souri for her passion, her eloquence, Then I got confused because Senator helping big bankers or helping Wall and her common sense, something that MCCONNELL came to the floor and said Street and campaign finance issues. I Harry Truman was noted for. My father black is white. He literally said that. don’t know. I just know I am confused. actually seconded the nomination of He said: We cannot be for this bill be- I am confused as to why the Repub- Harry Truman at the convention in cause we want to stop bailouts. Well, of licans would march lockstep away from Philadelphia in 1948, and I cherish the course this bill is about stopping bail- the debate on an issue that is of para- letter thanking my father for that outs. That is why we are doing the bill, mount importance to this country. I nomination now hanging on the wall of to make sure we do not have any more am confused why the Republicans my home—a wonderful personal letter taxpayer bailouts. He knows that. But would fail to offer one amendment at thanking him for that seconded nomi- he honestly, I don’t think, believed the the committee level. I am confused nation. He didn’t have many people in American people were paying close why debating this bill is a problem for 1948. My father had not been elected at enough attention. Then we had the an- them politically. I am confused. that time. He couldn’t find elected offi- nouncement that the SEC had come Ronald Reagan is cited for this quote cials to stand up for him in 1948. My fa- out of a coma and was going to do often, but it wasn’t Ronald Reagan who ther had a great relationship with

VerDate Mar 15 2010 13:44 May 31, 2013 Jkt 089102 PO 00000 Frm 00032 Fmt 0686 Sfmt 0634 E:\BR10\S26AP0.001 S26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 6242 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 5 April 26, 2010 President Truman and was always partisan support needed to advance the That is how this institution is sup- proud of it. He had a wonderful, di- cause. posed to operate. I have been here for rect—some would call it blunt—rela- Well, I wish to compliment my col- three decades, and in all of my three tionship with him. Frankly, at mo- leagues. Many of them worked very decades here, I have never gone ments such as this, I think that is what hard. While we didn’t achieve a com- through a period such as we have over is needed, because as the Senator from plete understanding in all of these mat- the last couple of months where we Missouri articulated, this is not a com- ters, I think the bill reflects a lot of can’t even get to debate some of these plicated moment. that labor, to such a degree that the critical matters. Maybe there are those who don’t ap- proposal we tried to move to today is I am still optimistic. I guess that ex- preciate how an institution such as so fundamentally different than the plains why I have been here for 30 this is supposed to operate. It isn’t al- bill I introduced in November as a re- years. I still want to believe this is ways a pretty process when we engage sult of that labor. going to work, that all we have been in debate, with 100 people in this Cham- I thank my colleague from Missouri through is not for naught. As does my ber of different political persuasions, for identifying what occurred a few colleague from Missouri, I have great ideologies, and interests. We try to weeks ago, and that is, of course, the respect for my colleagues in this Cham- come together as a committee system committee markup. Again, my col- ber, Democrats and Republicans, and I chosen years ago in order to try and be leagues on the committee made a judg- have over the years, even with people I efficient about our work, so we split up ment. They thought that maybe it have had basic and fundamental dis- into various groups to consider various might be better—there were an awful agreements with. I am convinced the matters under certain headings. We sit lot of conflicting amendments, some of majority of us here—an overwhelming as Democrats and Republicans, Inde- which didn’t make a lot of sense, quite majority—want to be associated with pendents, and try and work our way candidly, from the other side, and I say passing legislation that we believe will through a hearing process, listening to that respectfully. It was their deter- make a significant difference in the experts, gathering informally, talking mination that they would decide to go economic life of our Nation by at least with one another, reading and edu- further in the process without engag- limiting or prohibiting the kind of ac- cating ourselves, whether it is agri- ing in the amendment process. tivities that led us to the problems and culture or defense or the environment So here we are. We need to get to economic difficulties we are in. or energy or, in this case, banking, this. I have listened very patiently this I hope in the coming days we will over a period of weeks and months— evening to some wonderful remarks. I have a chance to move to this bill. I particularly after a moment in time in wish to begin with MARK WARNER, who hope sooner rather than later. It may our history that nearly brought us to spoke earlier this afternoon on the bill be a matter not well known by many, the brink of financial collapse—and and has made a remarkable contribu- but we only have by my count about 45 then through our collective judgments tion to this body and to the Banking or 50 legislative days left in this ses- try and frame to the best of our ability Committee. He spent about 20 years in sion. We are working about 31⁄2 days a our answers to nagging questions: Why the financial services area, so he week. We are here for about another 14 did we get into this mess? What was speaks from a base of knowledge and or 15 weeks, when you exclude the Au- missing? What did we do wrong? What personal experience. BOB MENENDEZ of gust break, the break for Memorial can we do right? How can we make this New Jersey as well was eloquent in his Day, the Fourth of July and, of course, better so we don’t go through this comments. Senator KLOBUCHAR, and our departure sometime I presume in again, so we don’t strangle the system, Senator KAUFMAN, who spoke on this early October for the elections. That so we won’t lack the creativity and before; JEANNE SHAHEEN of New Hamp- does not give us a lot of time. Last imagination that have been the hall- shire as well, and Senator BURRIS of Il- week we spent the entire week on five mark of our financial sector and not linois, and the Presiding Officer, SHEL- nominations that, as I recall—and I lose our financial leadership in the DON WHITEHOUSE, a good friend who has may be corrected—passed I believe world as a nation? How can we har- been invaluable in these debates. We overwhelmingly when the votes finally monize those rules in a global economy worked together on the health care occurred. So 5 days on 5 people who today so we don’t end up racing to the matter for weeks and months over the were filibustered and delayed. That is bottom the various nations who offer last year and, again, his thoughts and all we did last week. That was it: five the least resistance to some of the ideas on this bill as well I am thankful nominations that were ultimately practices that brought us to the brink for; MARK UDALL of Colorado, Senator agreed to—not controversial nomina- in our own country? MERKLEY of Oregon, AL FRANKEN and, tions, just ones where votes were de- That is basically what we have en- of course, Senator MCCASKILL, who I signed to slow the process. I don’t gaged in for the last 38 or 39 months spoke about as well. It is quite a group think the American people want us to since I have been chairman of this here, these new Members, their first or leave our work in this Congress with- committee beginning in January of second terms in the Senate. I hope my out having addressed this issue. 2007. We didn’t agree on everything, other colleagues and their staffs were I will end on this particular note. If, but we tried to fashion the best we listening this evening. It wasn’t just for some reason, Lord forbid, a major could. I introduced a proposal back in eloquence, it was common sense. They financial institution were to begin to November. My colleagues said that is a are people who have gone home and lis- fail this evening, we are in no better good beginning, but we ought to try tened to their constituents. While we shape than we were in the fall of 2008. some different ideas, so between No- all may not agree—and I can’t suggest There is an implicit guarantee that vember and this April, I divided up the that every amendment they have such an institution would receive the committee labors. I asked Democrats talked about is one I would necessarily backing of the them and our economy. and Republicans to take on subject even be supportive of when the debate Despite what I perceive to be over- matters because it was a highly com- begins—I firmly believe every Senator whelming objections to that kind of a plex area of the law dealing with de- has equal status in this Chamber. bailout occurring, that is one issue on rivatives, dealing with systemic risk, Whether you are a chairman or a new which there seems to be unanimity. dealing with corporate governance, Member, you are a Senator, and you Yet, if tonight a problem began to dealing with consumer protection and deserve the courtesies of this institu- emerge, we would be in a similar situa- other matters; thinking that if we tion. You deserve the history of this in- tion as we were 18 months ago. I don’t broke it up into groups, Democrats and stitution. You deserve to be heard and know of a single Member here who Republicans would become invested respected for your ideas and to be given would want that to occur. That issue and knowledgeable about the subject the time to present them, to debate alone ought to cause every one of us to matter so we could then frame a pro- them, and to have an up-or-down vote move to get to this debate. That is a posal that would enjoy the kind of bi- on your proposals. principal part of this legislation. There

VerDate Mar 15 2010 13:44 May 31, 2013 Jkt 089102 PO 00000 Frm 00033 Fmt 0686 Sfmt 0634 E:\BR10\S26AP0.001 S26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 26, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 5 6243 are other features as well, but that I know my fellow Senators will join mary responsibility has been that of alone ought to be motivation to begin me in congratulating the winners of marijuana eradication officer for the this debate, listen to each other’s the Illinois Direct Support Professional Daniel Boone National Forest—and thoughts and ideas, and to conclude Award 2010. I applaud their dedication from that responsibility he has never that discussion and debate by passing and thank them for their service. wavered. In 2008, he was recognized by this legislation—or at least an amend- f the U.S. Forest Service for a career of ed version of this legislation. exceptionally meritorious service. TRIBUTE TO SPECIAL AGENT I thank these 12 or 13 colleagues for The U.S. Forest Service sometimes JAMES HAROLD SIZEMORE their patience, their eloquence, their works with the Kentucky National determination, and their conviction. Mr. MCCONNELL. Mr. President, I Guard in their drug-control efforts, and As I get ready to leave this Chamber in rise to thank Special Agent James Har- Harold’s dedication was clear to the the coming months, I will leave with a old Sizemore for his many years of soldiers he worked alongside. ‘‘Harold high degree of confidence that this service to the people of Kentucky. For is one of the driving forces behind the Chamber will be in good hands. After nearly three decades, he has worked in success of the Kentucky National listening tonight to your words, advice, the dangerous field of law enforcement, Guard’s efforts in support of these mis- counsel, and determination, it is with a risking his own well-being on behalf of sions,’’ says LTC Karlas Owens. sense of optimism that we will get this his neighbors, and for that an entire ‘‘When observing marijuana in a heli- bill done. I am confident of that as I State is grateful. copter, Harold possessed the patience stand before you this evening. Harold was born and raised in Clay of Job while maneuvering his ground With that, I yield the floor. County, where his father was the sher- element over difficult terrain . . . he guided officers cross-country as they f iff. Harold followed in his father’s foot- steps and was elected sheriff of Clay walked to distant marijuana plots in MORNING BUSINESS County in 1982. He took a hard stand the Daniel Boone National Forest and Mr. DODD. Mr. President, I ask unan- against illegal marijuana cultivation, a ensured they made a safe return. . . . imous consent that the Senate proceed problem in that area, and conducted Harold not only gives 110 percent to to a period of morning business, with several successful eradication mis- the [U.S.] Forest Service, but always Senators permitted to speak therein sions. supports the Kentucky National Guard for up to 10 minutes each. I first met Harold in 1989 when he was and ensures we are successful as well.’’ The PRESIDING OFFICER. Without still serving as sheriff, and he described Lieutenant Colonel Owens also has objection, it is so ordered. to me the devastating effect marijuana these words for Harold, after working alongside him for 20 years on these f cultivation was having in Clay County. After that and right up to today I have dangerous but vital missions: ‘‘For AMERICAN ASSOCIATION OF IN- given my full support to the Governor’s your teachings and friendship, I thank TELLECTUAL & DEVELOP- Marijuana Strike Force, which coordi- you, Sir.’’ A countless number of Kentuckians MENTAL DISABILITIES nates local, State, and Federal law en- owe their thanks to Harold as well. Mr. DURBIN. Mr. President, I am forcement to combat the drug problem Upon his retirement, I know my col- pleased today to join the Illinois chap- in Kentucky. This task force has been leagues in the U.S. Senate join me in ter of the American Association of In- recognized by the President’s Office of thanking Special Agent James Harold tellectual & Developmental Disabil- National Drug Control Policy for 5 con- Sizemore for his decades of service. ities, AAIDD, in recognizing the recipi- secutive years. The work he has done for so many ents of the Illinois Direct Support Pro- In 1990, Harold became a Federal law- years has bequeathed to all of us a fessional Award 2010. These individuals enforcement officer with the U.S. For- safer, stronger Kentucky. are being honored for their outstanding est Service, a job he held for 20 years. efforts to enrich the lives of people In that capacity, he has conducted over f with developmental disabilities in Illi- 700 flight hours of surveillance and de- ARMENIAN REMEMBRANCE DAY nois. tection for marijuana eradication mis- Mr. LEVIN. Mr. President, at this These recipients have displayed a sions in Kentucky in support of State, time every year, we observe Armenian strong sense of humanity and profes- local, and Federal task forces. His dedi- Remembrance Day, when we com- sionalism in their work with persons cation and tireless efforts resulted in memorate the horrific and tragic with disabilities. Their efforts have in- the eradication of over 100,000 mari- events that constitute the Armenian spired the lives of those for whom they juana plants, with a street value esti- Genocide. We also honor those who suf- care, and they are an inspiration to me mated at $600 million, many in small fered persecution and lost their lives, as well. They have set a fine example of plots located in remote terrain to avoid and recognize those who survived this community service for all Americans detection. dark period in human history. to follow. In addition to these flight hours, On April 24, 1915, Turkish Ottoman These honorees spend more than 50 Harold also participated in several mis- authorities began rounding up and percent of their time at work in direct, sions in support of high-risk felony murdering more than 5,000 Armenians, personal involvement with their cli- search and arrest warrants executed by including civic leaders, intellectuals, ents. They are not primarily managers State and Federal agencies. His profes- writers, priests, scientists, and doctors. or supervisors. They are direct service sionalism and expertise, coupled with This systematic campaign of deporta- workers at the forefront of America’s intimate knowledge of the local area, tion, expropriation, starvation, and effort to care for people with special played a significant role in these mis- other atrocities continued until 1923, needs. They do their work every day sions being accomplished safely. resulting in the deaths of nearly 1.5 with little public recognition, pro- Harold provided key information in million Armenians. As U.S. Ambas- viding valued care and assistance that over 20 felony investigations, resulting sador to the Ottoman Empire, Henry is unknown except to those with whom in several Federal indictments and ar- Morganthau, said at the time, ‘‘When they work. rests. His personal knowledge of the the Turkish authorities gave the orders It is my honor and privilege to recog- Clay County area of the Daniel Boone for these deportations, they were mere- nize the Illinois recipients of AAIDD’s National Forest played a decisive role ly giving the death warrant to a whole Illinois Direct Support Professional in the identification of several suspects race; they understood this well, and, in Award 2010: Gloria Corral, Stacy How- caught on surveillance, which was ini- their conversations with me, they ard, Renee Kaye, Mufutau Afolabi, tiated as a result of Harold’s aerial re- made no particular attempt to conceal Mary Halloran, Renae Donohoo, Pau- connaissance. the fact. . . I am confident that the line Curran, Denise Smith, Zeola Al- Throughout his career as a Federal whole history of the human race con- ston, and Jesse Kelinschmidt. law-enforcement officer, Harold’s pri- tains no such horrible episode as this.’’

VerDate Mar 15 2010 13:44 May 31, 2013 Jkt 089102 PO 00000 Frm 00034 Fmt 0686 Sfmt 0634 E:\BR10\S26AP0.001 S26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 6244 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 5 April 26, 2010 The Armenian Day of Remembrance So I say to my colleagues that one This partnership remains the pre- serves to remind us all of how impor- way we can honor the memory of the eminent model for intergovernmental tant it is that we look unflinchingly at 1.5 million Armenian victims of the cooperation today and is admired the atrocities that mankind is capable tragic events of 1915–1923 is by recog- around the world. of, sustained by the ability of our nizing that we have an obligation to do In the 1980s, NRCS’s programs began human spirit to overcome such trag- all we can to stop mass atrocities from edy. The horrific events we remember occurring, to aid the survivors of such to change as Congress began to in- today constituted the first genocide of tragedies, and to promote justice, tol- crease incentives for farmers and the 20th century. But it was soon fol- erance, and understanding. ranchers to practice good conservation. lowed by the Holocaust, where Hitler f During the 1990s, Congress accelerated said he could pursue it and inflict it on the investment in conservation by cre- humanity since ‘‘Who, after all, speaks RECOGNIZING THE NATURAL RE- ating additional programs, such as the SOURCES CONSERVATION SERV- today of the annihilation of the Arme- Environmental Quality Incentives Pro- ICE nians?’’ Recent history in Rwanda, gram, EQIP, to share the cost of en- Congo, Darfur and elsewhere reminds Mr. CHAMBLISS. Mr. President, I hancing natural resources on farms, us that genocides and mass atrocities rise to congratulate the Natural Re- ranches and private forestland. remain with us to this day. And as sources Conservation Service, NRCS, President Obama has said, ‘‘bearing on its 75th anniversary. Congress increased this investment witness is not the end of our obliga- Even though we are an urban nation, in the 2002 and 2008 farm bills and is ex- tion—it’s just the beginning.’’ He has we are still an agricultural land. Near- pected to continue to support conserva- called for our committing ourselves ly 70 percent of the United States, ex- tion well into the future. However, ‘‘to resisting injustice and intolerance clusive of Alaska, is held in private there are challenges in conservation and indifference in whatever forms ownership by millions of individuals. today. One challenge is how to sustain they may take.’’ Fifty percent of the United States—907 the ability of NRCS to provide tech- Some have sought to deny that the million acres—is cropland, pasture- nical, scientifically sound advice and atrocities committed against the Ar- land, and rangeland owned and man- assistance in a time of tight budgets menian people occurred. But as the aged by farmers and ranchers and their Genocide Prevention Task Force, and increased demands. Another chal- families. lenge is how to maintain the highly chaired by former Secretary of State In the early 1900s, President Roo- Albright and former Secretary of De- successful conservation partnership sevelt and other conservationists like that works with farmers and ranchers fense William Cohen, stated, it is ‘‘fun- John Muir and Gifford Pinchot had the damental to address the legacy of past as individuals to address their specific foresight to set aside America’s special abuses.’’ This is necessary, the task conservation concerns. places as national parks and forests, force emphasizes, for the sake of jus- seashores, and wilderness areas. Amer- W.C. Lowdermilk, the Assistant Chief tice, to remove the cause of retribu- ica’s public land became a showcase for of the Soil Conservation Service in the tion, and to end the discounting of the some of the most dramatic and beau- 1930s said, ‘‘In a very real sense the costs of violence. Nobel Laureate Elie tiful landscapes on the North American Wiesel has said that the denial of geno- land does not lie; it bears a record of continent. cide constitutes a ‘‘double killing,’’ for what men write on it. In a larger sense, But others also recognized the impor- it seeks to rewrite history by absolving a Nation writes its record on the land. tance of America’s private land to the the perpetrators of violence while ig- This record is easy to read by those health of the Nation. It took the seri- noring the suffering of the victims. who understand the simple language of We need to be clear that marking ousness of the Dust Bowl for this mes- the land.’’ Conservation leads to pros- this Armenian Day of Remembrance is sage to be accepted. Rooted in our na- perous, healthy societies and stable, tional experience with devastating soil not an indictment of the Republic of self-sufficient countries. It sustains the erosion of that time, the conservation Turkey. It occurred before the Repub- agricultural productivity that allows lic of Turkey came into existence. movement began with the purpose of keeping productive topsoil—and a pro- for division of labor and the growth With the signing of accords last Octo- and longevity of a society. ber, Turkey and Armenia have taken a ductive agriculture—in place. major step forward in the process of To lead conservation efforts at the Careful land stewardship through ter- normalizing relations, opening their Federal level, Congress created the racing, crop rotation and other soil common border which has been closed Soil Conservation Service, SCS, within conservation measures enables soci- for more than a decade and a half, and the U.S. Department of Agriculture, eties to flourish. However, neglect of removing barriers to trade. Ratifica- USDA, in 1935. SCS was renamed the the land, manifested as soil erosion, de- tion of those accords will be important Natural Resources Conservation Serv- forestation, and overgrazing, helps to for continuing this process of reconcili- ice, NRCS, in 1994. This was the begin- topple empires and destroy entire civ- ation and hopefully will be completed ning of the Nation’s historic commit- ilizations. promptly. All friends of Armenia and ment to a conservation partnership These lessons of history, including Turkey should hope that these two na- with farmers and ranchers. tions and peoples can jointly face their At the same time, the Nation also our own with the Dust Bowl of the shared history and move forward to- adopted a remarkable Federal, State, 1930s, are ones we should not forget. gether as fellow members of the com- and local partnership for delivering America’s future is tied to how we munity of nations. conservation assistance to farmers and treat our land. Today, the Nation’s In speaking to a joint session of Con- ranchers. The concept was that NRCS farmers and ranchers deliver safe, reli- gress last November, German Chan- would deliver technical and financial able, high quality food, feed, and fiber cellor Angela Merkel spoke eloquently assistance for conservation, while to the Nation and to the world, but about the importance of tearing down State governments and local conserva- also much more. Through their careful walls, not only between neighbors but tion districts would connect with indi- stewardship, farmers, ranchers, and also the ‘‘wall in people’s minds that vidual landowners and set local prior- private forest landowners also deliver make it difficult time and again to un- ities. clean water, productive wildlife habi- From the beginning, this was a coop- derstand one another in this world of tat, and healthy landscapes. ours. This is why the ability to show erative approach, drawing on many tolerance is so important.’’ She added, sources for technical knowledge, finan- Today, we thank all who have made ‘‘Tolerance means showing respect for cial assistance, and broad-based edu- this happen through their service to other people’s history, traditions, reli- cational programs for natural re- our country as part of the NRCS. Con- gion and cultural identity.’’ sources conservation and management. gratulations on your 75th anniversary.

VerDate Mar 15 2010 13:44 May 31, 2013 Jkt 089102 PO 00000 Frm 00035 Fmt 0686 Sfmt 0634 E:\BR10\S26AP0.001 S26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 26, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 5 6245 ADDITIONAL STATEMENTS en our educational, diplomatic, and Arthur currently resides in Sandy economic ties with our friends across Springs, a place he has come to love the Pacific and carry on the legacy and and call home. He is a devoted and lov- TRIBUTE TO GEORGE DENNISON good work of Mike and Maureen Mans- ing husband of 46 years, father of three ∑ Mr. BAUCUS. Mr. President, today I field. daughters and grandfather of seven. wish to recognize an outstanding lead- One initiative on which I have been As a well-respected member of the er from my home State of Montana as particularly proud to work with Presi- community, Arthur has been involved he embarks on a new adventure in his dent Dennison is the educational and in numerous roles, such as the past life. Since 1990 George Dennison has cultural exchange program that the president of the Temple Emanu-El syn- served as the president of the Univer- university recently started with Viet- agogue in Sandy Springs and as a board sity of Montana; he is now the longest nam. I invited the Vietnamese Ambas- member of the Marcus Jewish Commu- serving president in the history of the sador to the U.S. to visit Missoula in nity Center of Atlanta. institution. This summer on August 15, 2008 to meet with President Dennison His commitment to community serv- 20 years to the day after he began his about the exchange. President ice and volunteerism has been tremen- duties at UM, President Dennison is re- Dennison then traveled to Vietnam dously valuable, and I am sure he has tiring. I would like to speak today last year to meet with several univer- touched many lives over the years. about some of George’s achievements sities and subsequently signed memo- Arthur Katz is a true champion of pa- and all he has done to better higher randa of understanding with Can Tho triotism and it is only fitting that he education in Montana. University and Vietnamese National be honored and featured at the Wall of A historian by training, George University to establish student and Gallantry at the U.S. Coast Guard earned a bachelor’s degree with highest faculty exchanges. It is important that Academy.∑ honors from the University of Montana we provide our students, the leaders of f in 1962, as well as his master’s degree tomorrow, with the knowledge they RECOGNIZING PITNEY BOWES in 1963. After earning his Ph.D. in his- will need to thrive in our increasingly COMPANY tory from the University of Wash- global society—this exchange program ington, George went on to serve as a does just that. ∑ Mr. DODD. Mr. President, today I professor and administrator for univer- George has received numerous pay tribute to the Pitney Bowes Com- sities in Arkansas, Washington, and 18 awards and recognition during his time pany on the occasion of its 90th birth- years at Colorado State University in at UM including the Governor’s Hu- day. Headquartered in Stamford, Fort Collins. George eventually re- manities Award in 2009, the Montana Pitney Bowes has proven time and turned to Missoula from Kalamazoo, Excellence in Leadership Award in 2007, again that it is a true Connecticut in- MI, where he served as provost and vice and the Council for Advancement and stitution, leading the way in innova- president for academic affairs for West- Support of Education Region VIII tion and facilitating progress in the ern Michigan University, to become Leadership Award in 1999. President mailing industry. president of the University of Montana Dennison has received honorary doc- But at least as important as its fi- in 1990. torates from universities in nancial success, is the kind of company I have enjoyed working with George Kyrgyzstan and Tajikistan. During his that it is. The company is a notably during his tenure as president of the career, George has had a number of his- progressive employer, capturing re- university. We share a strong desire to torical works published. His 1976 book, peated honors for its commitment to ensure that Montana’s students have ‘‘The Dorr War: Republicanism on diversity. It is regularly cited as access to a high-quality, world class Trial, 1831–1861,’’ was runner-up in the among the best places to work for education that prepares them for the Frederick Jackson Turner Award Com- women, African Americans, and His- careers of the future and to be active petition. Upon retiring as president, panics. It does this because it is right members in their communities. George plans to spend the first years of but also because they know it makes The University of Montana has seen his retirement writing a history of the smart business sense. tremendous growth under President University of Montana. Pitney Bowes is also a corporate Dennison’s leadership. Over the past I would like to once again thank leader in health care. It is truly in the two decades, student enrollment has President Dennison for all his hard forefront of efforts to improve their jumped from 10,000 to over 15,000. In the work and commend him for his leader- employee and retiree health while at 20 years that George has served as ship over the years. I wish him and the same time reducing costs. The ex- president, more students have grad- Jane all the best as they start a new amples are numerous. The company uated from UM than did in the entire chapter in their life.∑ learned that forcing people to make previous century. The number of doc- f large copayments for the medications torates awarded has increased from 15 they need to manage chronic condi- to 75 annually. External research fund- TRIBUTE TO ARTHUR E. KATZ tions often led employees to skip tak- ing has expanded from $7 million in ∑ Mr. CHAMBLISS. Mr. President, I ing their medicine. This resulted in 1990 to over $170 million in 2010. The wish to commend the life’s work of a more trips to the doctor and hospital, athletic programs at UM have com- good man and a great American, Ar- higher costs, and more absenteeism. So peted well on a national level and have thur E. Katz. the company reduced or eliminated created a great sense of school and On Friday, April 23, Arthur was in- employee copayments for these medi- community spirit as the Griz have a ducted into the U.S. Coast Guard Acad- cations. It cost more in the short run, faithful following throughout Big Sky emy’s Wall of Gallantry for his service but a lot less in the long run, and the country. to our Nation. affected employees enjoy greater Like President Dennison, I strongly In 1963, Arthur graduated from the health and productivity. believe that an understanding of the U.S. Coast Guard Academy, where soon The company put healthy food in its world in which we live is essential to a afterward, he headed to Vietnam. cafeterias and charges less for it. There well-rounded education. Under He served as commanding officer of are still lots of choices, some not so George’s leadership, the university has USCGC Point Cypress from December healthy, but you have to look harder developed strong international and ex- 1965 to September 1966. for the less healthy foods, and you have change programs. Building on the work For his leadership and bravery during to pay more. And either way, there are done by our dear friend Mike Mans- this tour of duty, Arthur was awarded on-site gyms in many facilities. field, the former Senate majority lead- a Bronze Star Medal for Valor The company also established on-site er and Ambassador to Japan, UM has Following his service in the Coast clinics to make it easier for employees relationships with universities across Guard, he went on to establish a suc- and retirees to obtain medical care. In- Asia. These partnerships help strength- cessful business in Dunwoody, GA. deed, Pitney Bowes went so far as to

VerDate Mar 15 2010 13:44 May 31, 2013 Jkt 089102 PO 00000 Frm 00036 Fmt 0686 Sfmt 0634 E:\BR10\S26AP0.001 S26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 6246 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 5 April 26, 2010 arrange for specialist doctors, used by For more than 20 years, Pitney Central High School, she is a member many of their employees, to hold office Bowes Financial Services Inter- of the school’s dance team and is in- hours on-site. These efforts have been national, a wholly-owned subsidiary, volved in student clubs. recognized by the Obama administra- has been providing high-quality finan- Jordan’s vision was to create a pag- tion, and Murray Martin, the chairman cial services for Pitney Bowes cus- eant for girls and women with disabil- and CEO, met with the President last tomers throughout the international ities. In 2007, she founded the Miss year to discuss the company’s pro- marketplace. For example, Pitney Amazing Pageant. Now in its fourth grams. Bowes finances the purchase of postage year, the annual pageant encourages Finally, the company also has a pro- in its meters for over 1 million cus- girls and women with disabilities to de- found commitment to community serv- tomers. velop their public speaking skills and ice, providing funding for education Pitney Bowes has operated globally to build a positive self-image. and literacy organizations, and encour- for decades, and currently generates al- The Miss Amazing Pageant not only aging employees to volunteer their most 30 percent of its revenue outside provides girls and women with disabil- time to a wide variety of causes. This of the United States. At its manufac- ities with opportunities to shine, but is just another way in which Pitney turing facility in Danbury, the com- also makes a clear difference in the Bowes has benefited our State. pany assembles large-scale mailing ma- community. Each participant in the At a time when many American com- chines for export to many countries. I Miss Amazing Pageant is asked to do- panies have failed, and others have be- have had the privilege of touring the nate four cans of food. This food is then come deeply troubled, it is with pleas- facility and have enjoyed seeing the given to people in need. Jordan’s pag- ure that I am able to recognize a cut- flags of the destination countries hung eant also gives back the money raised ting-edge company with good old fash- over the machines they will be receiv- through ticket sales and silent auc- ioned values. Congratulations, Pitney ing. ∑ tions. Since 2007, Jordan’s pageant has Bowes, on your 90th birthday. Pitney Bowes has a large and diverse generously donated $15,000 to various ∑ Mr. LIEBERMAN. Mr. President, I customer base with 2 million cus- community organizations. wish to recognize one of my State’s tomers worldwide, many of which are I am pleased to recognize Jordan as a great companies on the occasion of its small businesses. It has been listed on winner of the National Youth Service 90th birthday. On April 23, 1920, Arthur the New York Stock Exchange since Award for Global Youth Service Day. It Pitney and Walter Bowes officially 1950, has been a component of the S&P was a special honor for me to nominate formed the Pitney Bowes Company 500 Stock Index continually since 1957, someone so deserving of this award. with its headquarters in Stamford, CT. and first joined the Fortune 500 in 1962. Today the company is still Over the years, I know that Pitney Her service and leadership through the headquartered in Stamford, and em- Bowes has also been a good partner to Miss Amazing Pageant has made a dif- ploys 33,000 individuals worldwide. the Postal Service and cares passion- ference in the lives of individuals with In 1912, Arthur Pitney introduced the ately about maintaining a mail service disabilities and in Nebraska commu- postage meter in the United States. that not only survives but thrives. nities. This device, which is used to create and Pitney Bowes took the lead in creating I want to express my personal con- apply physical evidence of postage to the Mailing Industry CEO Council, gratulations to Jordan on her National pieces of mail, has allowed postal offi- which for the last several years has Youth Service Award. I commend her cials and offices throughout the United been at the forefront of educating pol- for the worthy example she is setting States to process mail more efficiently. icymakers about the mailing industry. for other young people and wish her all ∑ In 1920, he partnered with Walter There was a time when many of us in the best in her future endeavors. Bowes, a successful entrepreneur, to Congress failed to appreciate the ex- f form the Pitney Bowes Postage Meter tent of the importance and impact of Company. In order for the postage the mailing industry. But thanks to MESSAGES FROM THE PRESIDENT meter to be sold in the U.S., Congress their efforts, we know that it is a big Messages from the President of the had to act to permit the meter indicia trillion dollar industry employing United States were communicated to to be recognized as postage. more than 8 million workers. The com- Since its founding, Pitney Bowes has the Senate by Mr. Pate, one of his sec- pany and the CEO Council played im- retaries. been at the forefront of technological portant roles in helping us enact postal innovation. It has added vastly to the reform legislation after a decade of ef- f intellectual capital of this country and fort. The company’s chairman and currently manages an active patent CEO, Murray Martin, continues to reg- EXECUTIVE MESSAGES REFERRED portfolio of more than 3,000 inventions. ularly visit us in Washington to share As in executive session the Presiding Quite simply, it is a company that has his insights on how Congress can help Officer laid before the Senate messages been the source of many, many good the Postal Service adjust in a rapidly from the President of the United ideas. Many of its scientists are based changing world. States submitting sundry nominations in its R&D facility in Shelton, CT. In On behalf of the people of Con- which were referred to the appropriate addition, the company actually had necticut and the rest of the Nation, I committees. one of the first ‘‘e-commerce’’ applica- would like to honor Pitney Bowes on (The nominations received today are tions, with its meters able to download the occasion of its 90th birthday. I am printed at the end of the Senate pro- postage electronically since 1979. certain that the company and its em- ceedings.) Pitney Bowes continues to innovate ployees will continue to pioneer new and grow. Last year its R&D invest- technologies and services that will con- f ment was $182 million. It recently tribute to economic growth in the U.S. launched its newest mailing system. It and abroad.∑ MESSAGE FROM THE HOUSE also has become one of the world’s f ENROLLED BILL SIGNED largest software companies, helping its At 7:05 p.m., a message from the TRIBUTE TO JORDAN SOMER customers more accurately address House of Representatives, delivered by their mail, deliver smarter marketing, ∑ Mr. JOHANNS. Mr. President, today Mr. Novotny, one of its reading clerks, provide more efficient government I wish to recognize an outstanding announced that the Speaker has signed services, or locate their stores in the young Nebraskan for her spirit of com- the following enrolled bill: most promising location. The company munity service and for her dedication S. 1963. An act to amend title 38, United also is a leader in the field of document to making a difference in the lives of States Code, to provide assistance to care- management, helping government others. givers of veterans, to improve the provision agencies, large companies and law Jordan Somer is currently a junior at of health care to veterans, and for other pur- firms manage their critical documents. Central High School in Omaha, NE. At poses.

VerDate Mar 15 2010 13:44 May 31, 2013 Jkt 089102 PO 00000 Frm 00037 Fmt 0686 Sfmt 0634 E:\BR10\S26AP0.001 S26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 26, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 5 6247 EXECUTIVE AND OTHER ant to law, the report of a rule entitled Commerce, transmitting, pursuant to law, COMMUNICATIONS ‘‘Regulated Navigation Area; Hudson River the report of a rule entitled ‘‘Magnuson— South of the Troy Locks, New York’’ Stevens Act Provisions; Fisheries of the The following communications were ((RIN1625—AA11)(Docket No. USG—2010— Northeastern United States; Northeast laid before the Senate, together with 0009)) received in the Office of the President Multispecies Fishery; 2010 Sector Operations accompanying papers, reports, and doc- of the Senate on April 21, 2010; to the Com- Plans and Contracts, and Allocation of uments, and were referred as indicated: mittee on Commerce, Science, and Transpor- Northeast Multispecies Annual Catch Enti- EC–5602. A communication from the Dep- tation. tlements’’ (RIN0648—XS55) received in the uty General Counsel, Office of Disaster As- EC–5610. A communication from the Attor- Office of the President of the Senate on April sistance, Small Business Administration, ney Advisor, U.S. Coast Guard, Department 21, 2010; to the Committee on Commerce, transmitting, pursuant to law, the report of of Homeland Security, transmitting, pursu- Science, and Transportation. a rule entitled ‘‘Disaster Home Loans: FEMA ant to law, the report of a rule entitled EC–5618. A communication from the Acting Interaction’’ (RIN3245—AF97) as received in ‘‘Drawbridge Operation Regulations; Director of Sustainable Fisheries, National the Office of the President of the Senate on Bullards Ferry Bridge, Coquille River, Marine Fisheries Service, Department of April 21, 2010; to the Committee on Banking, Bandon, OR’’ ((RIN1625—AA09)(Docket No. Commerce, transmitting, pursuant to law, Housing, and Urban Affairs. USG—2009—0839)) received in the Office of the report of a rule entitled ‘‘Fisheries of the EC–5603. A communication from the Attor- the President of the Senate on April 21, 2010; Exclusive Economic Zone Off Alaska; Pacific ney, U.S. Coast Guard, Department of Home- to the Committee on Commerce, Science, Cod by Catcher Vessels Using Trawl Gear in land Security, transmitting, pursuant to and Transportation. the Bering Sea and Aleutian Islands Manage- law, the report of a rule entitled ‘‘Safety EC–5611. A communication from the Attor- ment Area’’ (RIN0648—XV62) received in the Zones; March Fireworks Displays within the ney Advisor, U.S. Coast Guard, Department Office of the President of the Senate on April Captain of the Port Puget Sound Area of Re- of Homeland Security, transmitting, pursu- 21, 2010; to the Committee on Commerce, sponsibility (AOR)’’ ((RIN1625—AA00)(Docket ant to law, the report of a rule entitled Science, and Transportation. No. USG—2010—0143)) received in the Office ‘‘Drawbridge Operation Regulations; Chester EC–5619. A communication from the Acting of the President of the Senate on April 21, River, Chestertown, MD’’ ((RIN1625— Director of Sustainable Fisheries, National 2010; to the Committee on Commerce, AA09)(Docket No. USG—2009—0796)) received Marine Fisheries Service, Department of Science, and Transportation. in the Office of the President of the Senate Commerce, transmitting, pursuant to law, EC–5604. A communication from the Attor- on April 21, 2010; to the Committee on Com- the report of a rule entitled ‘‘Fisheries in the ney Advisor, U.S. Coast Guard, Department merce, Science, and Transportation. Western Pacific; Hawaii Bottomfish and Sea- of Homeland Security, transmitting, pursu- EC–5612. A communication from the Attor- mount Groundfish Fisheries; Fishery Clo- ant to law, the report of a rule entitled ney Advisor, U.S. Coast Guard, Department sure’’ (RIN0648—XU60) received in the Office ‘‘Safety Zone; Dive Platform, Pago Pago of Homeland Security, transmitting, pursu- of the President of the Senate on April 21, Harbor, American Samoa’’ ((RIN1625— ant to law, the report of a rule entitled ‘‘Se- 2010; to the Committee on Commerce, AA00)(Docket No. USG—2010—0002)) received curity Zone; Freeport LNG Basin, Freeport, Science, and Transportation. in the Office of the President of the Senate TX’’ ((RIN1625—AA87)(Docket No. USG— EC–5620. A communication from the Acting on April 21, 2010; to the Committee on Com- 2008—0124)) received in the Office of the Director of Sustainable Fisheries, National merce, Science, and Transportation. President of the Senate on April 21, 2010; to Marine Fisheries Service, Department of EC–5605. A communication from the Attor- the Committee on Commerce, Science, and Commerce, transmitting, pursuant to law, ney Advisor, U.S. Coast Guard, Department Transportation. the report of a rule entitled ‘‘Fisheries of the of Homeland Security, transmitting, pursu- EC–5613. A communication from the Attor- Caribbean, Gulf of Mexico, and South Atlan- ant to law, the report of a rule entitled ney Advisor, U.S. Coast Guard, Department tic; Snapper-Grouper Fishery of the South ‘‘Safety Zone; Lake Mead Intake Construc- of Homeland Security, transmitting, pursu- Atlantic; Closure’’ (RIN0648—XU96) received tion; Lake Mead, Boulder City, NV’’ ant to law, the report of a rule entitled ‘‘Se- in the Office of the President of the Senate ((RIN1625—AA00)(Docket No. USG—2009— curity Zone; Brazos River, Freeport, TX’’ on April 21, 2010; to the Committee on Com- 1031)) received in the Office of the President ((RIN1625—AA87)(Docket No. USG—2009— merce, Science, and Transportation. of the Senate on April 21, 2010; to the Com- 0501)) received in the Office of the President EC–5621. A communication from the Dep- mittee on Commerce, Science, and Transpor- of the Senate on April 21, 2010; to the Com- uty Assistant Administrator for Regulatory tation. mittee on Commerce, Science, and Transpor- Programs, National Marine Fisheries Serv- EC–5606. A communication from the Attor- tation. ice, Department of Commerce, transmitting, ney Advisor, U.S. Coast Guard, Department EC–5614. A communication from the Attor- pursuant to law, the report of a rule entitled of Homeland Security, transmitting, pursu- ney Advisor, U.S. Coast Guard, Department ‘‘Magnuson-Stevens Fishery Conservation ant to law, the report of a rule entitled of Homeland Security, transmitting, pursu- and Management Act Provisions; Fisheries ‘‘Safety Zone; NASSCO Launching of USNS ant to law, the report of a rule entitled ‘‘Se- of the Northeastern United States; North- Charles Drew, San Diego Bay, San Diego, curity Zone; Freeport Channel Entrance, east (NE) Multispecies Fishery; Amendment CA’’ ((RIN1625—AA00)(Docket No. USG— Freeport, TX’’ ((RIN1625—AA87)(Docket No. 16’’ (RIN0648—AW72) received in the Office of 2010—0093)) received in the Office of the USG—2008—0125)) received in the Office of the President of the Senate on April 21, 2010; President of the Senate on April 21, 2010; to the President of the Senate on April 21, 2010; to the Committee on Commerce, Science, the Committee on Commerce, Science, and to the Committee on Commerce, Science, and Transportation. Transportation. and Transportation. EC–5622. A communication from the Chair- EC–5607. A communication from the Attor- EC–5615. A communication from the Assist- man of the Federal Energy Regulatory Com- ney Advisor, U.S. Coast Guard, Department ant Administrator for Fisheries, National mission, transmitting, pursuant to law, a re- of Homeland Security, transmitting, pursu- Marine Fisheries Service, Department of port relative to the Government in the Sun- ant to law, the report of a rule entitled Commerce, transmitting, pursuant to law, shine Act; to the Committee on Homeland ‘‘Regulated Navigation Area: Narragansett the report of a rule entitled ‘‘Fisheries of the Security and Governmental Affairs. Bay, RI and Mount Hope Bay, RI and MA, In- Northeastern United States; Northeast EC–5623. A communication from the Chief cluding the Providence River and Taunton Multispecies Fishery; Framework Adjust- Privacy Officer, Privacy Office, Department River’’ ((RIN1625—AA11)(Docket No. USG— ment 44’’ (RIN0648—AY29) received in the Of- of Homeland Security, transmitting, pursu- 2009—0143)) received in the Office of the fice of the President of the Senate on April ant to law, a report entitled ‘‘Privacy Office President of the Senate on April 21, 2010; to 21, 2010; to the Committee on Commerce, Second Quarter Fiscal Year 2010 Report to the Committee on Commerce, Science, and Science, and Transportation. Congress’’; to the Committee on Homeland Transportation. EC–5616. A communication from the Assist- Security and Governmental Affairs. EC–5608. A communication from the Attor- ant Administrator for Fisheries, National EC–5624. A communication from the Staff ney Advisor, U.S. Coast Guard, Department Marine Fisheries Service, Department of Director, United States Commission on Civil of Homeland Security, transmitting, pursu- Commerce, transmitting, pursuant to law, Rights, transmitting, pursuant to law, the ant to law, the report of a rule entitled the report of a rule entitled ‘‘Fisheries of the report of the appointment of members to the ‘‘Regulated Navigation Area; U.S. Navy Sub- Northeastern United States; Black Sea Bass Washington Advisory Committee; to the marines, Hood Canal, WA’’ ((RIN1625— Recreational Fishery; Emergency Rule Cor- Committee on the Judiciary. AA11)(Docket No. USG—2009—1058)) received rection and Extension’’ (RIN0648—AY23) re- EC–5625. A communication from the Assist- in the Office of the President of the Senate ceived in the Office of the President of the ant Attorney General, Office of Legislative on April 21, 2010; to the Committee on Com- Senate on April 21, 2010; to the Committee on Affairs, Department of Justice, transmit- merce, Science, and Transportation. Commerce, Science, and Transportation. ting, pursuant to law, a report entitled ‘‘Re- EC–5609. A communication from the Attor- EC–5617. A communication from the Assist- port of the Attorney General to the Congress ney Advisor, U.S. Coast Guard, Department ant Administrator for Fisheries, National of the United States on the Administration of Homeland Security, transmitting, pursu- Marine Fisheries Service, Department of of the Foreign Agents Registration Act of

VerDate Mar 15 2010 13:44 May 31, 2013 Jkt 089102 PO 00000 Frm 00038 Fmt 0686 Sfmt 0634 E:\BR10\S26AP0.001 S26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 6248 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 5 April 26, 2010 1938, as amended for the six months ending SUBMISSION OF CONCURRENT AND Services to enter into agreements with June 30, 2009’’; to the Committee on the Judi- SENATE RESOLUTIONS States to resolve outstanding claims ciary. The following concurrent resolutions for reimbursement under the Medicare EC–5626. A communication from the Dep- program relating to the Special Dis- uty General Counsel, Office of Technology, and Senate resolutions were read, and Small Business Administration, transmit- referred (or acted upon), as indicated: ability Workload project. ting, pursuant to law, the report of a rule en- By Mrs. MURRAY (for herself and Ms. S. 1160 titled ‘‘Small Business Innovation Research CANTWELL): At the request of Mr. SCHUMER, the Program Policy Directive’’ (RIN3245—AF74) S. Res. 500. A resolution expressing the sin- name of the Senator from West Vir- received in the Office of the President of the cere condolences of the Senate to the family, ginia (Mr. BYRD) was added as a co- Senate on April 21, 2010; to the Committee on loved ones, United Steelworkers, fellow sponsor of S. 1160, a bill to provide Small Business and Entrepreneurship. workers, and the Anacortes community on housing assistance for very low-income the tragedy at the Tesoro refinery in veterans. f Anacortes, Washington; considered and agreed to. S. 1190 REPORTS OF COMMITTEES By Mr. CONRAD: At the request of Mr. BINGAMAN, the S. Con. Res. 60. An original concurrent res- name of the Senator from Texas (Mr. The following reports of committees olution setting forth the congressional budg- CORNYN) was added as a cosponsor of S. were submitted: et for the United States Government for fis- 1190, a bill to provide financial aid to By Mrs. BOXER, from the Committee on cal year 2011, revising the appropriate budg- local law enforcement officials along Environment and Public Works, without etary levels for fiscal year 2010, and setting the Nation’s borders, and for other pur- amendment: forth the appropriate budgetary levels for H.R. 509. To reauthorize the Marine Turtle fiscal years 2012 through 2015; from the Com- poses. Conservation Act of 2004, and for other pur- mittee on the Budget; placed on the cal- S. 1215 poses (Rept. No. 111—173). endar. At the request of Mr. CASEY, the H.R. 3537. A bill to amend and reauthorize f name of the Senator from New Jersey the Junior Duck Stamp Conservation and (Mr. LAUTENBERG) was added as a co- Design Program Act of 1994 (Rept. No. 111– ADDITIONAL COSPONSORS sponsor of S. 1215, a bill to amend the 174). Safe Drinking Water Act to repeal a By Mr. CONRAD, from the Committee on S. 46 the Budget, without amendment: At the request of Mr. ENSIGN, the certain exemption for hydraulic frac- S. Con. Res. 60. An original concurrent res- name of the Senator from Connecticut turing, and for other purposes. olution setting forth the congressional budg- (Mr. DODD) was added as a cosponsor of S. 1233 et for the United States Government for fis- S. 46, a bill to amend title XVIII of the At the request of Ms. LANDRIEU, the cal year 2011, revising the appropriate budg- Social Security Act to repeal the Medi- names of the Senator from California etary levels for fiscal year 2010, and setting (Mrs. BOXER) and the Senator from Or- forth the appropriate budgetary levels for care outpatient rehabilitation therapy fiscal years 2012 through 2015. caps. egon (Mr. MERKLEY) were added as co- S. 729 sponsors of S. 1233, a bill to reauthorize f At the request of Mr. DURBIN, the and improve the SBIR and STTR pro- name of the Senator from Delaware grams and for other purposes. INTRODUCTION OF BILLS AND (Mr. CARPER) was added as a cosponsor S. 1241 JOINT RESOLUTIONS of S. 729, a bill to amend the Illegal Im- At the request of Mr. INHOFE, the The following bills and joint resolu- migration Reform and Immigrant Re- name of the Senator from Idaho (Mr. tions were introduced, read the first sponsibility Act of 1996 to permit CRAPO) was added as a cosponsor of S. and second times by unanimous con- States to determine State residency for 1241, a bill to amend Public Law 106–206 sent, and referred as indicated: higher education purposes and to au- to direct the Secretary of the Interior thorize the cancellation of removal and and the Secretary of Agriculture to re- By Mr. SCHUMER: quire annual permits and assess annual S. 3256. A bill to require a study to deter- adjustment of status of certain alien mine the feasibility of mitigating damages students who are long-term United fees for commercial filming activities relating to Federal navigation work con- States residents and who entered the on Federal land for film crews of 5 per- ducted at Oklahoma Beach in the State of United States as children, and for sons or fewer. New York; to the Committee on Environ- other purposes. S. 1371 ment and Public Works. S. 753 At the request of Mr. NELSON of Flor- By Mr. ENZI (for himself and Ms. LAN- CHUMER ida, the name of the Senator from Flor- DRIEU): At the request of Mr. S , the S. 3257. A bill to authorize the Department name of the Senator from Oregon (Mr. ida (Mr. LEMIEUX) was added as a co- of Labor’s voluntary protection program and MERKLEY) was added as a cosponsor of sponsor of S. 1371, a bill to amend the to expand the program to include more small S. 753, a bill to prohibit the manufac- Internal Revenue Code of 1986 to pro- businesses; to the Committee on Health, ture, sale, or distribution in commerce vide for clean renewable water supply Education, Labor, and Pensions. of children’s food and beverage con- bonds. By Mr. REED: tainers composed of bisphenol A, and S. 1611 S. 3258. A bill to amend the securities laws for other purposes. to modernize and strengthen investor protec- At the request of Mr. GREGG, the tion, and for other purposes; to the Com- S. 950 name of the Senator from Arkansas mittee on Banking, Housing, and Urban Af- At the request of Mrs. LINCOLN, the (Mr. PRYOR) was added as a cosponsor fairs. name of the Senator from Nevada (Mr. of S. 1611, a bill to provide collective By Mr. KOHL (for himself, Mr. LEAHY, ENSIGN) was added as a cosponsor of S. bargaining rights for public safety offi- and Mr. HATCH): 950, a bill to amend title XVIII of the cers employed by States or their polit- S. 3259. A bill to amend subtitle A of the Social Security Act to authorize phys- ical subdivisions. Antitrust Criminal Penalty Enhancement S. 1859 and Reform Act of 2004 to make the oper- ical therapists to evaluate and treat ation of such subtitle permanent law; to the Medicare beneficiaries without a re- At the request of Mr. ROCKEFELLER, Committee on the Judiciary. quirement for a physician referral, and the name of the Senator from Iowa By Mr. HARKIN (for himself, Ms. KLO- for other purposes. (Mr. HARKIN) was added as a cosponsor BUCHAR, and Mr. FRANKEN): S. 1111 of S. 1859, a bill to reinstate Federal S. 3260. A bill to enhance and further re- At the request of Mr. ROCKEFELLER, matching of State spending of child search into the prevention and treatment of support incentive payments. eating disorders, to improve access to treat- the name of the Senator from South ment of eating disorders, and for other pur- Dakota (Mr. JOHNSON) was added as a S. 1966 poses; to the Committee on Health, Edu- cosponsor of S. 1111, a bill to require At the request of Mr. DODD, the name cation, Labor, and Pensions. the Secretary of Health and Human of the Senator from New York (Mrs.

VerDate Mar 15 2010 13:44 May 31, 2013 Jkt 089102 PO 00000 Frm 00039 Fmt 0686 Sfmt 0634 E:\BR10\S26AP0.001 S26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 26, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 5 6249

GILLIBRAND) was added as a cosponsor dential buildings to retrofit their ices for remuneration and to provide a of S. 1966, a bill to provide assistance buildings with energy efficient building special penalty for persons who to improve the health of newborns, equipment and materials and for other misclassify employees as non-employ- children, and mothers in developing purposes. ees, and for other purposes. countries, and for other purposes. S. 3106 f S. 2725 At the request of Mrs. HAGAN, the STATEMENTS ON INTRODUCED At the request of Mrs. FEINSTEIN, the name of the Senator from Nebraska BILLS AND JOINT RESOLUTIONS name of the Senator from Massachu- (Mr. JOHANNS) was added as a cospon- setts (Mr. KERRY) was added as a co- sor of S. 3106, a bill to authorize States By Mr. ENZI (for himself and Ms. sponsor of S. 2725, a bill to provide for to exempt certain nonprofit housing LANDRIEU): fairness for the Federal judiciary. organizations from the licensing re- S. 3257. A bill to authorize the De- partment of Labor’s voluntary protec- S. 2737 quirements of the S.A.F.E. Mortgage Licensing Act of 2008. tion program and to expand the pro- At the request of Mr. SPECTER, his gram to include more small businesses; S. 3117 name was added as a cosponsor of S. to the Committee on Health, Edu- 2737, a bill to relocate to Jerusalem the At the request of Mr. WYDEN, the cation, Labor, and Pensions. United States Embassy in Israel, and name of the Senator from Arkansas Mr. ENZI. Mr. President, I rise today for other purposes. (Mr. PRYOR) was added as a cosponsor to introduce legislation with Senator of S. 3117, a bill to strengthen the ca- S. 2807 LANDRIEU known as the Voluntary Pro- At the request of Mr. CORNYN, the pacity of eligible institutions to pro- tection Program Act. This bill will cod- name of the Senator from Nebraska vide instruction in nanotechnology. ify the Voluntary Protection Program, (Mr. JOHANNS) was added as a cospon- S. 3165 or VPP, expand it to include more sor of S. 2807, a bill to ensure that the At the request of Ms. LANDRIEU, the small businesses, and incorporate re- victims and victims’ families of the name of the Senator from Oregon (Mr. cent GAO recommendations for pro- November 5, 2009, attack at Fort Hood, MERKLEY) was added as a cosponsor of gram improvements. Texas, receive the same treatment, S. 3165, a bill to authorize the Adminis- No program has been more successful benefits, and honors as those Ameri- trator of the Small Business Adminis- in creating such a culture of safety in cans who have been killed or wounded tration to waive the non-Federal share the workplace than VPP. Since it was in a combat zone overseas and their requirement under certain programs. created in 1982, Republican and Demo- families. S. 3190 crat administrations alike have fos- S. 2869 At the request of Ms. LANDRIEU, the tered its growth to now 2,284 worksites, At the request of Ms. LANDRIEU, the names of the Senator from Oregon (Mr. a quarter of which are unionized, and it name of the Senator from Oregon (Mr. MERKLEY) and the Senator from Alaska covers almost a million employees. The MERKLEY) was added as a cosponsor of (Mr. BEGICH) were added as cosponsors bipartisan support for VPP continues S. 2869, a bill to increase loan limits for of S. 3190, a bill to reaffirm that the into this Congress. Last week, the Sen- small business concerns, to provide for Small Business Reauthorization Act of ate Budget Committee unanimously low interest refinancing for small busi- 1997 does not limit a contracting offi- approved an amendment to preserve ness concerns, and for other purposes. cer’s discretion regarding whether to VPP budget authority and Chairman S. 2989 make a contract available for award CONRAD noted that the program actu- At the request of Ms. LANDRIEU, the pursuant to any of the restricted com- ally saves taxpayer dollars. name of the Senator from California petition programs authorized by the Worksites that pass the rigorous (Mrs. BOXER) was added as a cosponsor Small Business Act. evaluation process and become VPP of S. 2989, a bill to improve the Small S. 3201 sites have an average Days Away Re- Business Act, and for other purposes. At the request of Mr. UDALL of Colo- stricted or Transferred, DART, case rate of 52 percent below the average for S. 3035 rado, the name of the Senator from Or- its industry. In recent years, smaller At the request of Mr. BAUCUS, the egon (Mr. MERKLEY) was added as a co- worksites have made significant strides name of the Senator from Washington sponsor of S. 3201, a bill to amend title in VPP, increasing from 28 percent of (Ms. CANTWELL) was added as a cospon- 10, United States Code, to extend VPP sites in 2003 to 39 percent in 2008. sor of S. 3035, a bill to require a report TRICARE coverage to certain depend- The innovative program doesn’t just on the establishment of a Polytrauma ents under the age of 26. keep employees safer; as I have noted, Rehabilitation Center or Polytrauma S. 3241 it also saves both the VPP companies Network Site of the Department of At the request of Mr. BROWN of Ohio, and the taxpayers money. In 2007, Fed- Veterans Affairs in the northern Rock- the name of the Senator from Vermont eral Agency VPP participants saved ies or Dakotas, and for other purposes. (Mr. SANDERS) was added as a cospon- the government more than $59 million sor of S. 3241, a bill to provide for a S. 3065 by avoiding injuries and private sector safe, accountable, fair, and efficient At the request of Mr. LIEBERMAN, the VPP participants saved more than $300 banking system, and for other pur- name of the Senator from Colorado million. Additionally, when workplaces poses. (Mr. BENNET) was added as a cosponsor make the significant commitment to of S. 3065, a bill to amend title 10, S. 3244 safety required by VPP, it allows United States Code, to enhance the At the request of Mr. FEINGOLD, the OSHA to focus its resources where they readiness of the Armed Forces by re- name of the Senator from Ohio (Mr. are most needed. VPP Participant em- placing the current policy concerning BROWN) was added as a cosponsor of S. ployers contribute a great deal to the homosexuality in the Armed Forces, 3244, a bill to provide that Members of VPP program expenditures. VPP par- referred to as ‘‘Don’t Ask, Don’t Tell’’, Congress shall not receive a cost of liv- ticipants have assigned approximately with a policy of nondiscrimination on ing adjustment in pay during fiscal 1,200 of their own employees to act as the basis of sexual orientation. year 2011. OSHA Special Government Employees, S. 3079 S. 3254 SGEs, who conduct onsite evaluations At the request of Mr. MERKLEY, the At the request of Mr. BROWN of Ohio, for OSHA. name of the Senator from New York the name of the Senator from Min- Despite the strong bipartisan support (Mrs. GILLIBRAND) was added as a co- nesota (Mr. FRANKEN) was added as a for VPP and its very positive results, sponsor of S. 3079, a bill to assist in the cosponsor of S. 3254, a bill to amend the the need for this legislation has be- creation of new jobs by providing fi- Fair Labor Standards Act of 1938 to re- come painfully clear. The administra- nancial incentives for owners of com- quire persons to keep records of non- tion’s fiscal year 2011 Budget Request mercial buildings and multifamily resi- employees who perform labor or serv- proposed eliminating the small amount

VerDate Mar 15 2010 13:44 May 31, 2013 Jkt 089102 PO 00000 Frm 00040 Fmt 0686 Sfmt 0634 E:\BR10\S26AP0.001 S26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 6250 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 5 April 26, 2010 it takes to administer VPP—$3.125 mil- version of Wall Street reform. I urge (b) AUTHORITY TO IMPOSE CIVIL PENALTIES lion and sought to transfer the 35 FTEs my colleagues to take a look at my IN CEASE AND DESIST PROCEEDINGS.— it takes to run the program to other legislation during the next few days, as (1) UNDER THE SECURITIES ACT OF 1933.—Sec- functions. The budget proposal stated I plan to introduce it as an amendment tion 8A of the Securities Act of 1933 (15 U.S.C. 77h–1) is amended by adding at the that OSHA was seeking ‘‘alternative to the Wall Street reform bill that is end the following new subsection: non-federal forms of funding’’ and about to be considered by the Senate. ‘‘(g) AUTHORITY TO IMPOSE MONEY PEN- working closely with stakeholders, but, Mr. President, I ask unanimous con- ALTIES.— to date, no plan to secure such funding sent that the text of the bill be printed ‘‘(1) GROUNDS.—In any cease-and-desist has been offered by the administration in the RECORD. proceeding under subsection (a), the Com- or in either the House or Senate au- There being no objection, the text of mission may impose a civil penalty on a per- thorizing committee. To the extent the bill was ordered to be printed in son if the Commission finds, on the record, after notice and opportunity for hearing, such ‘‘alternative funding’’ is bureau- the RECORD, as follows: that— cratic code for a fee-based system such S. 3258 ‘‘(A) such person— a proposal is simply not workable and Be it enacted by the Senate and House of Rep- ‘‘(i) is violating or has violated any provi- completely counterproductive. Partici- resentatives of the United States of America in sion of this title, or any rule or regulation pating employers already voluntarily Congress assembled, issued under this title; or absorb significant costs to participate SECTION 1. SHORT TITLE. ‘‘(ii) is or was a cause of the violation of in the current program. Asking busi- This Act may be cited as the ‘‘Modernizing any provision of this title, or any rule or reg- nesses—particularly small businesses, and Strengthening Investor Protection Act ulation thereunder; and of 2010’’. and particularly in the current eco- ‘‘(B) such penalty is in the public interest. SEC. 2. STRENGTHENING ENFORCEMENT BY THE ‘‘(2) MAXIMUM AMOUNT OF PENALTY.— nomic environment—to take on more COMMISSION. ‘‘(A) FIRST TIER.—The maximum amount of costs will only result in them dropping (a) NATIONWIDE SERVICE OF SUBPOENAS.— a penalty for each act or omission described out of the program. Further still, a fee- (1) SECURITIES ACT OF 1933.—Section 22(a) of in paragraph (1) shall be $7,500 for a natural based system simply destroys the the Securities Act of 1933 (15 U.S.C. 77v(a)) is person or $75,000 for any other person. credibility and integrity of VPP par- amended by inserting after the second sen- ‘‘(B) SECOND TIER.—Notwithstanding sub- ticipation for employees. tence the following: ‘‘In any action or pro- paragraph (A), the maximum amount of pen- I would like to thank Senator LAN- ceeding instituted by the Commission under alty for each such act or omission shall be this title in a United States district court $75,000 for a natural person or $375,000 for any DRIEU for working with me on this im- for any judicial district, a subpoena issued to other person, if the act or omission described portant legislation. compel the attendance of a witness or the in paragraph (1) involved fraud, deceit, ma- production of documents or tangible things nipulation, or deliberate or reckless dis- By Mr. REED: (or both) at a hearing or trial may be served regard of a regulatory requirement. S. 3258. A bill to amend the securities at any place within the United States. Rule ‘‘(C) THIRD TIER.—Notwithstanding sub- laws to modernize and strengthen in- 45(c)(3)(A)(ii) of the Federal Rules of Civil paragraphs (A) and (B), the maximum vestor protection, and for other pur- Procedure shall not apply to a subpoena amount of penalty for each such act or omis- poses; to the Committee on Banking, issued under the preceding sentence.’’. sion shall be $150,000 for a natural person or Housing, and Urban Affairs. (2) SECURITIES EXCHANGE ACT OF 1934.—Sec- $725,000 for any other person, if— Mr. REED. Mr. President, the recent tion 27 of the Securities Exchange Act of 1934 ‘‘(i) the act or omission described in para- lawsuit by the Securities and Exchange (15 U.S.C. 78aa) is amended by inserting after graph (1) involved fraud, deceit, manipula- the third sentence the following: ‘‘In any ac- tion, or deliberate or reckless disregard of a Commission, SEC, against Goldman tion or proceeding instituted by the Commis- regulatory requirement; and Sachs underscores that much still sion under this title in a United States dis- ‘‘(ii) such act or omission directly or indi- needs to be done to improve trans- trict court for any judicial district, a sub- rectly resulted in— parency and restore confidence in our poena issued to compel the attendance of a ‘‘(I) substantial losses or created a signifi- financial system. Indeed, that is why witness or the production of documents or cant risk of substantial losses to other per- we must have the debate on Wall tangible things (or both) at a hearing or trial sons; or Street reform. The nearly 1⁄2 of all U.S. may be served at any place within the ‘‘(II) substantial pecuniary gain to the per- households that own securities deserve United States. Rule 45(c)(3)(A)(ii) of the Fed- son who committed the act or omission. eral Rules of Civil Procedure shall not apply ‘‘(3) EVIDENCE CONCERNING ABILITY TO a strong cop on the beat that has the to a subpoena issued under the preceding PAY.—In any proceeding in which the Com- tools it needs to go after swindlers and sentence.’’. mission may impose a penalty under this scam artists, and pursue the difficult (3) INVESTMENT COMPANY ACT OF 1940.—Sec- section, a respondent may present evidence cases arising from our increasingly tion 44 of the Investment Company Act of of the ability of the respondent to pay such complex financial markets. Our econo- 1940 (15 U.S.C. 80a–43) is amended by insert- penalty. The Commission may, in its discre- my’s success depends in no small part ing after the fourth sentence the following: tion, consider such evidence in determining on restoring confidence in our capital ‘‘In any action or proceeding instituted by whether such penalty is in the public inter- markets and a smoothly operating cap- the Commission under this title in a United est. Such evidence may relate to the extent States district court for any judicial district, of the ability of the respondent to continue ital formation process. a subpoena issued to compel the attendance in business and the collectability of a pen- The bill I am introducing this after- of a witness or the production of documents alty, taking into account any other claims of noon, the Modernizing and Strength- or tangible things (or both) at a hearing or the United States or third parties upon the ening Investor Protection Act, would trial may be served at any place within the assets of the respondent and the amount of improve the ability of the SEC to pro- United States. Rule 45(c)(3)(A)(ii) of the Fed- the assets of the respondent.’’. tect investors by strengthening its eral Rules of Civil Procedure shall not apply (2) UNDER THE SECURITIES EXCHANGE ACT OF ability to bring enforcement actions, to a subpoena issued under the preceding 1934.—Section 21B(a) of the Securities Ex- addressing issues revealed by the re- sentence.’’. change Act of 1934 (15 U.S.C. 78u–2(a)) is cent Madoff fraud, and modernizing its (4) INVESTMENT ADVISERS ACT OF 1940.—Sec- amended— tion 214 of the Investment Advisers Act of (A) by striking the matter immediately ability to obtain critical information. 1940 (15 U.S.C. 80b–14) is amended by insert- following paragraph (4); In particular, it would enhance the ing after the third sentence the following: (B) in the matter preceding paragraph (1), ability of the SEC to hire market ex- ‘‘In any action or proceeding instituted by by inserting after ‘‘opportunity for hearing,’’ perts, strengthen oversight of fund the Commission under this title in a United the following: ‘‘that such penalty is in the custodians, modernize the SEC’s abil- States district court for any judicial district, public interest and’’; ity to obtain information from the a subpoena issued to compel the attendance (C) by redesignating paragraphs (1) firms it oversees, and clarify and en- of a witness or the production of documents through (4) as subparagraphs (A) through hance SEC penalties and other authori- or tangible things (or both) at a hearing or (D), respectively, and adjusting the subpara- trial may be served at any place within the graph margins accordingly; ties. United States. Rule 45(c)(3)(A)(ii) of the Fed- (D) by striking ‘‘In any proceeding’’ and in- This legislation mirrors a bill that eral Rules of Civil Procedure shall not apply serting the following: Representative KANJORSKI introduced to a subpoena issued under the preceding ‘‘(1) IN GENERAL.—In any proceeding’’; and and worked to include in the House sentence.’’. (E) by adding at the end the following:

VerDate Mar 15 2010 13:44 May 31, 2013 Jkt 089102 PO 00000 Frm 00041 Fmt 0686 Sfmt 0634 E:\BR10\S26AP0.001 S26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 26, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 5 6251

‘‘(2) CEASE-AND-DESIST PROCEEDINGS.—In 15C(c) of the Securities Exchange Act of 1934 impose sanctions under section 105(c)(4), any proceeding instituted under section 21C (15 U.S.C. 78o–5(c)) is amended— against such person shall apply only with re- against any person, the Commission may im- (A) in paragraph (1)(C), by striking ‘‘any spect to— pose a civil penalty, if the Commission finds, person associated, or seeking to become as- ‘‘(I) conduct occurring while such person on the record after notice and opportunity sociated,’’ and inserting ‘‘any person who is, was associated or seeking to become associ- for hearing, that such person— or at the time of the alleged misconduct was, ated with a registered public accounting ‘‘(A) is violating or has violated any provi- associated or seeking to become associated’’; firm; or sion of this title, or any rule or regulation and ‘‘(II) non-cooperation, as described in sec- issued under this title; or (B) in paragraph (2)— tion 105(b)(3), with respect to a demand in a ‘‘(B) is or was a cause of the violation of (i) in subparagraph (A), by inserting ‘‘, Board investigation for testimony, docu- any provision of this title, or any rule or reg- seeking to become associated, or, at the time ments, or other information relating to a pe- ulation issued under this title.’’. of the alleged misconduct, associated or riod when such person was associated or (3) UNDER THE INVESTMENT COMPANY ACT OF seeking to become associated’’ after ‘‘any seeking to become associated with a reg- 1940.—Section 9(d)(1) of the Investment Com- person associated’’; and istered public accounting firm.’’. pany Act of 1940 (15 U.S.C. 80a–9(d)(1)) is (ii) in subparagraph (B), by inserting ‘‘, (B) SECURITIES EXCHANGE ACT OF 1934 amended— seeking to become associated, or, at the time AMENDMENT.—Section 21(a)(1) of the Securi- (A) by striking the matter immediately of the alleged misconduct, associated or ties Exchange Act of 1934 (15 U.S.C. 78u(a)(1)) following subparagraph (C); seeking to become associated’’ after ‘‘any is amended by striking ‘‘or a person associ- (B) in the matter preceding subparagraph person associated’’. ated with such a firm’’ and inserting ‘‘, a per- (A), by inserting after ‘‘opportunity for hear- (3) PERSON ASSOCIATED WITH A MEMBER OF A son associated with such a firm, or, as to any ing,’’ the following: ‘‘that such penalty is in NATIONAL SECURITIES EXCHANGE OR REG- act, practice, or omission to act, while asso- the public interest, and’’; ISTERED SECURITIES ASSOCIATION.—Section ciated with such firm, a person formerly as- (C) by redesignating subparagraphs (A) 21(a)(1) of the Securities Exchange Act of sociated with such a firm’’. through (C) as clauses (i) through (iii), re- 1934 (15 U.S.C. 78u(a)(1)) is amended, in the (8) SUPERVISORY PERSONNEL OF AN AUDIT spectively, and adjusting the clause margins first sentence, by inserting ‘‘, or, as to any FIRM.—Section 105(c)(6) of the Sarbanes- accordingly; act or practice, or omission to act, while as- Oxley Act of 2002 (15 U.S.C. 7215(c)(6)) is (D) by striking ‘‘In any proceeding’’ and in- sociated with a member, formerly associ- amended— serting the following: ated’’ after ‘‘member or a person associ- (A) in subparagraph (A), by striking ‘‘the ‘‘(A) IN GENERAL.—In any proceeding’’; and ated’’. supervisory personnel’’ and inserting ‘‘any (E) by adding at the end the following: (4) PARTICIPANT OF A REGISTERED CLEARING person who is, or at the time of the alleged ‘‘(B) CEASE-AND-DESIST PROCEEDINGS.—In AGENCY.—Section 21(a)(1) of the Securities failure reasonably to supervise was, a super- any proceeding instituted pursuant to sub- Exchange Act of 1934 (15 U.S.C. 78u(a)(1)) is visory person’’; and section (f) against any person, the Commis- amended, in the first sentence, by inserting (B) in subparagraph (B)— sion may impose a civil penalty if the Com- ‘‘or, as to any act or practice, or omission to (i) by striking ‘‘No associated person’’ and mission finds, on the record, after notice and act, while a participant, was a participant,’’ inserting ‘‘No current or former supervisory opportunity for hearing, that such person— after ‘‘in which such person is a partici- person’’; and ‘‘(i) is violating or has violated any provi- pant,’’. (ii) by striking ‘‘any other person’’ and in- sion of this title, or any rule or regulation (5) OFFICER OR DIRECTOR OF A SELF-REGU- serting ‘‘any associated person’’. issued under this title; or LATORY ORGANIZATION.—Section 19(h)(4) of (9) MEMBER OF THE PUBLIC COMPANY AC- ‘‘(ii) is or was a cause of the violation of the Securities Exchange Act of 1934 (15 COUNTING OVERSIGHT BOARD.—Section any provision of this title, or any rule or reg- U.S.C. 78s(h)(4)) is amended— 107(d)(3) of the Sarbanes-Oxley Act of 2002 (15 ulation issued under this title.’’. (A) by striking ‘‘any officer or director’’ U.S.C. 7217(d)(3)) is amended by striking (4) UNDER THE INVESTMENT ADVISERS ACT OF and inserting ‘‘any person who is, or at the ‘‘any member’’ and inserting ‘‘any person 1940.—Section 203(i)(1) of the Investment Ad- time of the alleged misconduct was, an offi- who is, or at the time of the alleged mis- visers Act of 1940 (15 U.S.C. 80b–3(i)(1)) is cer or director’’; and conduct was, a member’’. amended— (B) by striking ‘‘such officer or director’’ (d) EXTRATERRITORIAL JURISDICTION OF THE (A) by striking the undesignated matter and inserting ‘‘such person’’. ANTIFRAUD PROVISIONS OF THE FEDERAL SE- immediately following subparagraph (D); (6) OFFICER OR DIRECTOR OF AN INVESTMENT CURITIES LAWS.— (B) in the matter preceding subparagraph COMPANY.—Section 36(a) of the Investment (1) UNDER THE SECURITIES ACT OF 1933.—Sec- (A), by inserting after ‘‘opportunity for hear- Company Act of 1940 (15 U.S.C. 80a–35(a)) is tion 22 of the Securities Act of 1933 (15 U.S.C. ing,’’ the following: ‘‘that such penalty is in amended— 77v(a)) is amended by adding at the end the the public interest and’’; (A) by striking ‘‘a person serving or act- following new subsection: (C) by redesignating subparagraphs (A) ing’’ and inserting ‘‘a person who is, or at ‘‘(c) EXTRATERRITORIAL JURISDICTION.—The through (D) as clauses (i) through (iv), re- the time of the alleged misconduct was, serv- district courts of the United States and the spectively, and adjusting the clause margins ing or acting’’; and United States courts of any Territory shall accordingly; (B) by striking ‘‘such person so serves or have jurisdiction of an action or proceeding (D) by striking ‘‘In any proceeding’’ and in- acts’’ and inserting ‘‘such person so serves or brought or instituted by the Commission or serting the following: acts, or at the time of the alleged mis- the United States alleging a violation of sec- ‘‘(A) IN GENERAL.—In any proceeding’’; and conduct, so served or acted’’. tion 17(a) involving— (E) by adding at the end the following new (7) PERSON ASSOCIATED WITH A PUBLIC AC- ‘‘(1) conduct within the United States that subparagraph: COUNTING FIRM.— constitutes significant steps in furtherance ‘‘(B) CEASE-AND-DESIST PROCEEDINGS.—In (A) SARBANES-OXLEY ACT OF 2002 AMEND- of the violation, even if the securities trans- any proceeding instituted pursuant to sub- MENT.—Section 2(a)(9) of the Sarbanes-Oxley action occurs outside the United States and section (k) against any person, the Commis- Act of 2002 (15 U.S.C. 7201(9)) is amended by involves only foreign investors; or sion may impose a civil penalty if the Com- adding at the end the following: ‘‘(2) conduct occurring outside the United mission finds, on the record, after notice and ‘‘(C) INVESTIGATIVE AND ENFORCEMENT AU- States that has a foreseeable substantial ef- opportunity for hearing, that such person— THORITY.—For purposes of sections 3(c), fect within the United States.’’. ‘‘(i) is violating or has violated any provi- 101(c), 105, and 107(c) and the rules of the (2) UNDER THE SECURITIES EXCHANGE ACT OF sion of this title, or any rule or regulation Board and Commission issued thereunder, 1934.—Section 27 of the Securities Exchange issued under this title; or except to the extent specifically excepted by Act of 1934 (15 U.S.C. 78aa) is amended— ‘‘(ii) is or was a cause of the violation of such rules, the terms defined in subpara- (A) by striking ‘‘The district’’ and insert- any provision of this title, or any rule or reg- graph (A) shall include any person associ- ing the following: ulation issued under this title.’’. ated, seeking to become associated, or for- ‘‘(a) IN GENERAL.—The district’’; and (c) FORMERLY ASSOCIATED PERSONS.— merly associated with a public accounting (B) by adding at the end the following new (1) MEMBER OR EMPLOYEE OF THE MUNICIPAL firm, except that— subsection: SECURITIES RULEMAKING BOARD.—Section ‘‘(i) the authority to conduct an investiga- ‘‘(b) EXTRATERRITORIAL JURISDICTION.—The 15B(c)(8) of the Securities Exchange Act of tion of such person under section 105(b) shall district courts of the United States and the 1934 (15 U.S.C. 78o–4(c)(8)) is amended by apply only with respect to any act or prac- United States courts of any Territory shall striking ‘‘any member or employee’’ and in- tice, or omission to act, by the person while have jurisdiction of an action or proceeding serting ‘‘any person who is, or at the time of such person was associated or seeking to be- brought or instituted by the Commission or the alleged violation or abuse was, a member come associated with a registered public ac- the United States alleging a violation of the or employee’’. counting firm; and antifraud provisions of this title involving— (2) PERSON ASSOCIATED WITH A GOVERNMENT ‘‘(ii) the authority to commence a discipli- ‘‘(1) conduct within the United States that SECURITIES BROKER OR DEALER.—Section nary proceeding under section 105(c)(1), or constitutes significant steps in furtherance

VerDate Mar 15 2010 13:44 May 31, 2013 Jkt 089102 PO 00000 Frm 00042 Fmt 0686 Sfmt 0634 E:\BR10\S26AP0.001 S26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 6252 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 5 April 26, 2010 of the violation, even if the securities trans- deemed to be in violation of such provision, deposits, or credits of the client within the action occurs outside the United States and rule, regulation, or order to the same extent custody or use of such person.’’. involves only foreign investors; or as the person that committed such viola- (b) STREAMLINED HIRING AUTHORITY FOR ‘‘(2) conduct occurring outside the United tion.’’. MARKET SPECIALISTS.— States that has a foreseeable substantial ef- (4) UNDER THE SECURITIES EXCHANGE ACT OF (1) APPOINTMENT AUTHORITY.—Section 3114 fect within the United States.’’. 1934.—Section 20(e) of the Securities Ex- of title 5, United States Code, is amended by (3) UNDER THE INVESTMENT ADVISERS ACT OF change Act of 1934 (15 U.S.C. 78t(e)) is amend- striking the section heading and all that fol- 1940.—Section 214 of the Investment Advisers ed by inserting ‘‘or recklessly’’ after ‘‘know- lows through the end of subsection (a) and Act of 1940 (15 U.S.C. 80b–14) is amended— ingly’’. inserting the following: (A) by striking ‘‘The district’’ and insert- SEC. 3. ADDRESSING ISSUES REVEALED BY THE ing the following: MADOFF FRAUD. ‘‘§ 3114. Appointment of candidates to certain ‘‘(a) IN GENERAL.—The district’’; and (a) REVISION TO RECORDKEEPING RULE.— positions in the competitive service by the (B) by adding at the end the following new (1) INVESTMENT COMPANY ACT OF 1940 AMEND- Securities and Exchange Commission subsection: MENTS.—Section 31 of the Investment Com- ‘‘(a) APPLICABILITY.—This section applies ‘‘(b) EXTRATERRITORIAL JURISDICTION.—The pany Act of 1940 (15 U.S.C. 80a–30) is amend- with respect to any position of accountant, district courts of the United States and the ed— economist, and securities compliance exam- United States courts of any Territory shall (A) in subsection (a)(1), by adding at the iner at the Commission that is in the com- have jurisdiction of an action or proceeding end the following: ‘‘Each person having cus- petitive service, and any position at the brought or instituted by the Commission or tody or use of the securities, deposits, or Commission in the competitive service that the United States alleging a violation of sec- credits of a registered investment company requires specialized knowledge of financial tion 206 involving— shall maintain and preserve all records that and capital market formation or regulation, ‘‘(1) conduct within the United States that relate to the custody or use by such person financial market structures or surveillance, constitutes significant steps in furtherance of the securities, deposits, or credits of the or information technology.’’. of the violation, even if the violation is com- registered investment company for such pe- (2) CLERICAL AMENDMENT.—The table of mitted by a foreign adviser and involves only riod or periods as the Commission, by rule or sections for chapter 31 of title 5, United foreign investors; or regulation, may prescribe, as necessary or States Code, is amended by striking the item ‘‘(2) conduct occurring outside the United appropriate in the public interest or for the relating to section 3114 and inserting the fol- States that has a foreseeable substantial ef- protection of investors.’’; and lowing: fect within the United States.’’. (B) in subsection (b), by adding at the end ‘‘3114. Appointment of candidates to posi- (e) CONTROL PERSON LIABILITY UNDER THE the following: tions in the competitive service SECURITIES EXCHANGE ACT OF 1934.—Section ‘‘(4) RECORDS OF PERSONS WITH CUSTODY OR by the Securities and Exchange 20(a) of the Securities Exchange Act of 1934 USE.— Commission.’’. (15 U.S.C. 78t(a)) is amended by inserting ‘‘(A) IN GENERAL.—Records of persons hav- after ‘‘controlled person is liable’’ the fol- ing custody or use of the securities, deposits, (3) PAY AUTHORITY.—The Commission may lowing: ‘‘(including to the Commission in or credits of a registered investment com- set the rate of pay for experts and consult- any action brought under paragraph (1) or (3) pany that relate to such custody or use, are ants appointed under the authority of sec- of section 21(d))’’. subject at any time, or from time to time, to tion 3109 of title 5, United States Code, in the (f) AIDING AND ABETTING UNDER THE SECU- such reasonable periodic, special, or other same manner in which it sets the rate of pay RITIES LAWS.— examinations and other information and doc- for employees of the Commission. (1) UNDER THE SECURITIES ACT OF 1933.—Sec- ument requests by representatives of the (c) SIPC REFORMS.— tion 15 of the Securities Act of 1933 (15 U.S.C. Commission, as the Commission deems nec- (1) REMOVING THE DISTINCTION BETWEEN 77o) is amended— essary or appropriate in the public interest CLAIMS FOR CASH AND CLAIMS FOR SECURI- (A) by striking ‘‘Every person who’’ and in- or for the protection of investors. TIES.—The Securities Investor Protection serting ‘‘(a) CONTROLLING PERSONS.—Every ‘‘(B) CERTAIN PERSONS SUBJECT TO OTHER Act of 1970 (15 U.S.C. 78aaa et seq.) is amend- person who’’; and REGULATION.—Any person that is subject to ed— (B) by adding at the end the following: regulation and examination by a Federal fi- (A) in section 8(e)(4)(B) (15 U.S.C. 78fff- ‘‘(b) PROSECUTION OF PERSONS WHO AID AND nancial institution regulatory agency (as 2(e)(4)(B)), by striking ‘‘for cash or securi- ABET VIOLATIONS.—For purposes of any ac- such term is defined under section 212(c)(2) of ties’’; tion brought by the Commission under sub- title 18, United States Code) may satisfy any (B) in section 9(a) (15 U.S.C. 78fff–3(a))— paragraph (b) or (d) of section 20, any person examination request, information request, or (i) by striking paragraph (1); and that knowingly or recklessly provides sub- document request described under subpara- (ii) by redesignating paragraphs (2) stantial assistance to another person in vio- graph (A), by providing to the Commission a through (5) as paragraphs (1) through (4), re- lation of a provision of this Act, or of any detailed listing, in writing, of the securities, spectively; and rule or regulation issued under this Act, deposits, or credits of the registered invest- (C) in section 16(2)(B) (15 U.S.C. 78lll(2)(B)), shall be deemed to be in violation of such ment company within the custody or use of by striking ‘‘for cash or securities’’. provision to the same extent as the person to such person.’’. (2) LIQUIDATION OF A CARRYING BROKER- whom such assistance is provided.’’. (2) INVESTMENT ADVISERS ACT OF 1940 AMEND- DEALER.—Section 5(a)(3) of the Securities In- (2) UNDER THE INVESTMENT COMPANY ACT OF MENT.—Section 204 of the Investment Advis- vestor Protection Act of 1970 (15 U.S.C. 1940.—Section 48 of the Investment Company ers Act of 1940 (15 U.S.C. 80b–4) is amended by 78eee(a)(3)) is amended— Act of 1940 (15 U.S.C. 80a–48) is amended by adding at the end the following new sub- (A) by striking the undesignated matter redesignating subsection (b) as subsection (c) section: immediately following subparagraph (B); and inserting after subsection (a) the fol- ‘‘(d) RECORDS OF PERSONS WITH CUSTODY OR (B) in subparagraph (A), by striking ‘‘any lowing: USE.— member of SIPC’’ and inserting ‘‘the mem- ‘‘(b) For purposes of any action brought by ‘‘(1) IN GENERAL.—Records of persons hav- ber’’; the Commission under subsection (d) or (e) of ing custody or use of the securities, deposits, (C) in subparagraph (B), by striking the section 42, any person that knowingly or or credits of a client, that relate to such cus- comma at the end and inserting a period; recklessly provides substantial assistance to tody or use, are subject at any time, or from (D) by striking ‘‘If SIPC’’ and inserting the another person in violation of a provision of time to time, to such reasonable periodic, following: this Act, or of any rule or regulation issued special, or other examinations and other in- ‘‘(A) IN GENERAL.—SIPC may, upon notice under this Act, shall be deemed to be in vio- formation and document requests by rep- to a member of SIPC, file an application for lation of such provision to the same extent resentatives of the Commission, as the Com- a protective decree with any court of com- as the person to whom such assistance is pro- mission deems necessary or appropriate in petent jurisdiction specified in section 21(e) vided.’’. the public interest or for the protection of or 27 of the Securities Exchange Act of 1934, (3) UNDER THE INVESTMENT ADVISERS ACT.— investors. except that no such application shall be filed Section 209 of the Investment Advisers Act ‘‘(2) CERTAIN PERSONS SUBJECT TO OTHER with respect to a member, the only cus- of 1940 (15 U.S.C. 80b–9) is amended by insert- REGULATION.—Any person that is subject to tomers of which are persons whose claims ing at the end the following new subsection: regulation and examination by a Federal fi- could not be satisfied by SIPC advances pur- ‘‘(f) AIDING AND ABETTING.—For purposes of nancial institution regulatory agency (as suant to section 9, if SIPC’’; and any action brought by the Commission under such term is defined under section 212(c)(2) of (E) by adding at the end the following: subsection (e), any person that knowingly or title 18, United States Code) may satisfy any ‘‘(B) CONSENT REQUIRED.—No member of recklessly has aided, abetted, counseled, examination request, information request, or SIPC that has a customer may enter into an commanded, induced, or procured a violation document request described under paragraph insolvency, receivership, or bankruptcy pro- of any provision of this Act, or of any rule, (1), by providing the Commission with a de- ceeding, under Federal or State law, without regulation, or order hereunder, shall be tailed listing, in writing, of the securities, the specific consent of SIPC.’’.

VerDate Mar 15 2010 13:44 May 31, 2013 Jkt 089102 PO 00000 Frm 00043 Fmt 0686 Sfmt 0634 E:\BR10\S26AP0.001 S26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 26, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 5 6253

SEC. 4. ENHANCED ABILITY OF COMMISSION TO ‘‘(5) SURVEILLANCE AND RISK ASSESSMENT.— agency requesting the information for pur- OBTAIN NEEDED INFORMATION. All persons described in subsection (a) are poses within the scope of jurisdiction of that (a) INVESTMENT COMPANY EXAMINATION.— subject at any time, or from time to time, to department or agency, or complying with an Section 31(b)(1) of the Investment Company such reasonable periodic, special, or other order of a court of the United States in an Act of 1940 (15 U.S.C. 80a–30(b)(1)) is amended information and document requests by rep- action brought by the United States or the to read as follows: resentatives of the Commission as the Com- Commission. For purposes of section 552 of ‘‘(1) IN GENERAL.—The following records mission, by rule or order, deems necessary or title 5, United States Code, this section shall shall be subject, at any time, or from time to appropriate to conduct surveillance or risk be considered a statute described in sub- time, to such reasonable periodic, special, or assessments of the securities markets, per- section (b)(3)(B) of such section 552. Collec- other examinations by representatives of the sons registered with the Commission under tion of information pursuant to section 31 Commission as the Commission deems nec- this title, or otherwise in furtherance of the shall be an administrative action involving essary or appropriate in the public interest purposes of this title.’’. an agency against specific individuals or or for the protection of investors: (3) DOCUMENT REQUESTS.—Section 204 of the agencies pursuant to section 3518(c)(1) of ‘‘(A) All records of a registered investment Investment Advisers Act of 1940 (15 U.S.C. title 44, United States Code.’’; company. 80b–4) is amended by adding at the end the (B) by striking subsection (d); and ‘‘(B) All records of a underwriter, broker, following: (C) by redesignating subsections (e) and (f) dealer, or investment adviser that is a ma- ‘‘(e) SURVEILLANCE AND RISK ASSESS- as subsections (d) and (e), respectively. jority-owned subsidiary of a registered in- MENT.—All persons described in subsection (3) INVESTMENT ADVISERS ACT OF 1940.—Sec- vestment company. (a) are subject at any time, or from time to tion 210 of the Investment Advisers Act of ‘‘(C) All records required to be maintained time, to such reasonable periodic, special, or 1940 (15 U.S.C. 80b-10) is amended by adding and preserved by a investment adviser that other information and document requests by at the end the following: is not a majority-owned subsidiary of a reg- representatives of the Commission as the istered investment company. ‘‘(d) LIMITATIONS ON DISCLOSURE BY THE Commission, by rule or order, deems nec- ‘‘(D) All records required to be maintained COMMISSION.—Notwithstanding any other essary or appropriate to conduct surveillance and preserved by a depositor of a registered provision of law, the Commission shall not or risk assessments of the securities mar- investment company. be compelled to disclose any records or infor- ‘‘(E) All records required to be maintained kets, persons registered with the Commis- mation provided to the Commission under and preserved by a principal underwriter for sion under this title, or otherwise in further- this section, or records or information based a registered investment company (other than ance of the purposes of this title.’’. upon or derived from such records or infor- a closed-end company).’’. (d) PROTECTING CONFIDENTIALITY OF MATE- mation, if such records or information have (b) EXPANDED ACCESS TO GRAND JURY IN- RIALS SUBMITTED TO THE COMMISSION.— been obtained by the Commission for use in FORMATION.—Chapter 215 of title 18, United (1) SECURITIES EXCHANGE ACT OF 1934.—Sec- furtherance of the purposes of this title, in- States Code, is amended by adding at the end tion 24 of the Securities Exchange Act of 1934 cluding surveillance, risk assessments, or the following: (15 U.S.C. 78x) is amended— other regulatory and oversight activities. ‘‘§ 3323. Access to grand jury information (A) in subsection (d), by striking ‘‘sub- Nothing in this subsection authorizes the section (e)’’ and inserting ‘‘subsection (f)’’; ‘‘(a) DISCLOSURE.— Commission to withhold information from (B) by redesignating subsection (e) as sub- ‘‘(1) IN GENERAL.—Upon motion of an attor- the Congress or prevent the Commission section (f); and ney for the government, a court may direct from complying with a request for informa- (C) by inserting after subsection (d) the fol- disclosure of matters occurring before a tion from any other Federal department or lowing: grand jury during an investigation of con- agency requesting the information for pur- ‘‘(e) RECORDS OBTAINED FROM REGISTERED duct that may constitute a violation of any poses within the scope of jurisdiction of that PERSONS.— provision of the securities laws to the Secu- department or agency, or complying with an ‘‘(1) IN GENERAL.—Except as provided in rities and Exchange Commission for use in order of a court of the United States in an subsection (f), the Commission shall not be relation to any matter within the jurisdic- action brought by the United States or the compelled to disclose records or information tion of the Commission. Commission. For purposes of section 552 of obtained pursuant to section 17(b), or records ‘‘(2) SUBSTANTIAL NEED REQUIRED.—A court title 5, United States Code, this section shall or information based upon or derived from may issue an order under paragraph (1) only be considered a statute described in sub- such records or information, if such records upon a finding of a substantial need in the section (b)(3)(B) of such section 552. Collec- or information have been obtained by the public interest. tion of information pursuant to section 31 ‘‘(b) USE OF MATTER.—A person to whom a Commission for use in furtherance of the shall be an administrative action involving matter has been disclosed under this section purposes of this title, including surveillance, an agency against specific individuals or shall not use such matter, other than for the risk assessments, or other regulatory and agencies pursuant to section 3518(c)(1) of purpose for which such disclosure was au- oversight activities. title 44, United States Code.’’. thorized. ‘‘(2) TREATMENT OF INFORMATION.—For pur- (e) EXPANSION OF AUDIT INFORMATION TO BE ‘‘(c) DEFINITIONS.—As used in this section— poses of section 552 of title 5, United States PRODUCED AND EXCHANGED.—Section 106 of ‘‘(1) the terms ‘attorney for the govern- Code, this subsection shall be considered a the Sarbanes-Oxley Act of 2002 (15 U.S.C. ment’ and ‘grand jury information’ have the statute described in subsection (b)(3)(B) of 7216) is amended— meanings given to those terms in section such section 552. Collection of information (1) by striking subsection (b) and inserting 3322 of title 18, United States Code; and pursuant to section 17 shall be an adminis- the following: ‘‘(2) the term ‘securities laws’ has the same trative action involving an agency against meaning as in section 3(a)(47) of the Securi- specific individuals or agencies pursuant to ‘‘(b) PRODUCTION OF DOCUMENTS.— ties Exchange Act of 1934.’’. section 3518(c)(1) of title 44, United States ‘‘(1) PRODUCTION BY FOREIGN FIRMS.—If a (c) ENHANCED AUTHORITY OF THE SECURI- Code.’’. foreign public accounting firm issues an TIES AND EXCHANGE COMMISSION TO CONDUCT (2) INVESTMENT COMPANY ACT OF 1940.—Sec- audit report, performs audit work, conducts SURVEILLANCE AND RISK ASSESSMENT.— tion 31 of the Investment Company Act of interim reviews, or performs material serv- (1) SECURITIES EXCHANGE ACT OF 1934.—Sec- 1940 (15 U.S.C. 80a-30) is amended— ices upon which a registered public account- tion 17(b) of the Securities Exchange Act of (A) by striking subsection (c) and inserting ing firm relies in the conduct of an audit or 1934 (15 U.S.C. 78q(b)) is amended by adding the following: interim review, the foreign public account- at the end the following: ‘‘(c) LIMITATIONS ON DISCLOSURE BY COM- ing firm shall— ‘‘(5) SURVEILLANCE AND RISK ASSESSMENT.— MISSION.—Notwithstanding any other provi- ‘‘(A) produce its audit work papers and all All persons described in subsection (a) are sion of law, the Commission shall not be other documents related to any such audit subject, at any time, or from time to time, compelled to disclose any records or infor- work or interim review to the Commission or to such reasonable periodic, special, or other mation provided to the Commission under the Board; and information and document requests by rep- this section, or records or information based ‘‘(B) be subject to the jurisdiction of the resentatives of the Commission as the Com- upon or derived from such records or infor- courts of the United States for purposes of mission, by rule or order, deems necessary or mation, if such records or information have enforcement of any request for such docu- appropriate to conduct surveillance or risk been obtained by the Commission for use in ments. assessments of the securities markets, per- furtherance of the purposes of this title, in- ‘‘(2) OTHER PRODUCTION.—Any registered sons registered with the Commission under cluding surveillance, risk assessments, or public accounting firm that relies, in whole this title, or otherwise in furtherance of the other regulatory and oversight activities. or in part, on the work of a foreign public ac- purposes of this title.’’. Nothing in this subsection authorizes the counting firm in issuing an audit report, per- (2) INVESTMENT COMPANY ACT OF 1940.—Sec- Commission to withhold information from forming audit work, or conducting an in- tion 31(b) of the Investment Company Act of the Congress or prevent the Commission terim review, shall— 1940 (15 U.S.C. 80a–30(b)) is amended by add- from complying with a request for informa- ‘‘(A) produce the audit work papers of the ing at the end the following: tion from any other Federal department or foreign public accounting firm and all other

VerDate Mar 15 2010 13:44 May 31, 2013 Jkt 089102 PO 00000 Frm 00044 Fmt 0686 Sfmt 0634 E:\BR10\S26AP0.001 S26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 6254 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 5 April 26, 2010 documents related to any such work in re- Commission shall not be compelled to dis- and assure fair representation in such nomi- sponse to a request for production by the close privileged information obtained from nations and elections of municipal securities Commission or the Board; and any foreign securities authority, or foreign brokers and municipal securities dealers. ‘‘(B) secure the agreement of any foreign law enforcement authority, if the authority Such rules— public accounting firm to such production, has in good faith determined and represented ‘‘(i) shall establish requirements regarding as a condition of the reliance by the reg- to the Commission that the information is the independence of public representatives; istered public accounting firm on the work privileged. ‘‘(ii) shall provide that the number of pub- of that foreign public accounting firm.’’; ‘‘(3) NONWAIVER OF PRIVILEGED INFORMATION lic representatives of the Board shall at all (2) by redesignating subsection (d) as sub- PROVIDED TO THE COMMISSION.— times exceed the total number of broker- section (g); and ‘‘(A) IN GENERAL.—Federal agencies, State dealer representatives and bank representa- (3) by inserting after subsection (c) the fol- securities and law enforcement authorities, tives; lowing: self-regulatory organizations, and the Public ‘‘(iii) shall establish minimum knowledge, ‘‘(d) SERVICE OF REQUESTS OR PROCESS.— Company Accounting Oversight Board shall experience, and other appropriate qualifica- ‘‘(1) IN GENERAL.—Any foreign public ac- not be deemed to have waived any privilege tions for individuals to serve as public rep- counting firm that performs work for a do- applicable to any information by transfer- resentatives, which may include prior work mestic registered public accounting firm ring that information to or permitting that experience in the securities, municipal fi- shall furnish to the domestic registered pub- information to be used by the Commission. nance, or municipal securities industries; lic accounting firm a written irrevocable ‘‘(B) EXCEPTION.—The provisions of sub- ‘‘(iv) shall specify the term members shall consent and power of attorney that des- paragraph (A) shall not apply to a self-regu- serve; and ignates the domestic registered public ac- latory organization or the Public Company ‘‘(v) may increase or decrease the number counting firm as an agent upon whom may Accounting Oversight Board with respect to of members which shall constitute the whole be served any process, pleadings, or other pa- information used by the Commission in an Board, except that in no case may the num- pers in any action brought to enforce this action against such organization. ber of members of the whole Board be an section. ‘‘(4) DEFINITIONS.—For purposes of this sub- even number.’’. ‘‘(2) SPECIFIC AUDIT WORK.—Any foreign section— (b) BENEFICIAL OWNERSHIP AND SHORT- public accounting firm that issues an audit ‘‘(A) the term ‘privilege’ includes any SWING PROFIT REPORTING.— report, performs audit work, performs in- work-product privilege, attorney-client (1) BENEFICIAL OWNERSHIP REPORTING.—Sec- tion 13 of the Securities Exchange Act of 1934 terim reviews, or performs material services privilege, governmental privilege, or other (15 U.S.C. 78m) is amended— upon which a registered public accounting privilege recognized under Federal, State, or (A) in subsection (d)— firm relies in the conduct of an audit or in- foreign law; (i) in paragraph (1)— terim review, shall designate to the Commis- ‘‘(B) the term ‘foreign law enforcement au- (I) by inserting after ‘‘within ten days sion or the Board an agent in the United thority’ means any foreign authority that is after such acquisition,’’ the following: ‘‘or States upon whom may be served any proc- empowered under foreign law to detect, in- within such shorter period as the Commis- ess, pleading, or other papers in any action vestigate or prosecute potential violations of sion may establish, by rule,’’; and brought to enforce this section or any re- law; and (II) by striking ‘‘send to the issuer of the quest by the Commission or the Board under ‘‘(C) the term ‘State securities or law en- security at its principal executive office, by this section. forcement authority’ means the authority of ‘‘(e) SANCTIONS.—A willful refusal to com- registered or certified mail, send to each ex- any State or territory that is empowered change on which the security is traded, ply, in whole in or in part, with any request under State or territory law to detect, inves- by the Commission or the Board under this and’’; and tigate, or prosecute potential violations of (ii) in paragraph (2)— section, shall be deemed a violation of this law.’’. Act. (I) by striking ‘‘in the statements to the SEC. 5. MODERNIZATION OF INVESTOR PROTEC- ‘‘(f) OTHER MEANS OF SATISFYING PRODUC- issuer and the exchange, and’’; and TIONS. TION OBLIGATIONS.—Notwithstanding any (II) by striking ‘‘shall be transmitted to other provisions of this section, the staff of (a) MUNICIPAL SECURITIES.—Section 15B of the issuer and the exchange and’’; and the Commission or the Board may allow a the Securities Exchange Act of 1934 (15 (B) in subsection (g)— foreign public accounting firm that is sub- U.S.C. 78o–4) is amended— (i) in paragraph (1), by striking ‘‘shall send ject to this section to meet production obli- (1) by striking ‘‘(b)(1) Not later’’ and all to the issuer of the security and’’; and gations under this section through alternate that follows through ‘‘succeed such initial (ii) in paragraph (2)— means, such as through foreign counterparts members.’’ and inserting the following: (I) by striking ‘‘sent to the issuer and’’; of the Commission or the Board.’’. ‘‘(b) MUNICIPAL SECURITIES RULEMAKING and (f) SHARING PRIVILEGED INFORMATION WITH BOARD.— (II) by striking ‘‘shall be transmitted to OTHER AUTHORITIES.—Section 24 of the Secu- ‘‘(1) COMPOSITION OF THE MUNICIPAL SECURI- the issuer and’’. rities Exchange Act of 1934 (15 U.S.C. 78x) is TIES RULEMAKING BOARD.—Not later than Oc- (2) SHORT-SWING PROFIT REPORTING.—Sec- amended— tober 1, 2010, the Municipal Securities Rule- tion 16(a) of the Securities Exchange Act of (1) in subsection (d), as amended by sub- making Board (hereinafter in this section re- 1934 (15 U.S.C. 78p(a)) is amended— section (d)(1)(A), by striking ‘‘subsection (f)’’ ferred to as the ‘Board’), shall— (A) in paragraph (1), by striking ‘‘(and, if and inserting ‘‘subsection (g)’’; ‘‘(A) be composed of members who shall such security is registered on a national se- (2) in subsection (e), as added by subsection perform the duties set forth in this section; curities exchange, also with the exchange)’’; (d)(1)(C), by striking ‘‘subsection (f)’’ and in- and and serting ‘‘subsection (g)’’; ‘‘(B) shall consist of— (B) in paragraph (2)(B), by inserting after (3) by redesignating subsection (f) as sub- ‘‘(i) a majority of independent public rep- ‘‘officer’’ the following: ‘‘, or within such section (g); and resentatives, at least 1 of whom shall be rep- shorter period as the Commission may estab- (4) by inserting after subsection (e) the fol- resentative of investors in municipal securi- lish, by rule’’. lowing: ties and at least 1 of whom shall be rep- (c) ENHANCED APPLICATION OF ANTIFRAUD ‘‘(f) SHARING PRIVILEGED INFORMATION resentative of issuers of municipal securities PROVISIONS.—The Securities Exchange Act of WITH OTHER AUTHORITIES.— (which members are hereinafter referred to 1934 (15 U.S.C. 78a et seq.) is amended— ‘‘(1) PRIVILEGED INFORMATION PROVIDED BY as ‘public representatives’); (1) in section 9— THE COMMISSION.—The Commission shall not ‘‘(ii) at least 1 individual who is represent- (A) by striking ‘‘registered on a national be deemed to have waived any privilege ap- ative of municipal securities brokers and securities exchange’’ each place that term plicable to any information by transferring municipal securities dealers that are not appears and inserting ‘‘other than a govern- that information to or permitting that infor- banks or subsidiaries, departments or divi- ment security’’; mation to be used by— sions of banks (which members are herein- (B) in subsection (b), by striking ‘‘by use of ‘‘(A) any agency (as defined in section 6 of after referred to as ‘broker-dealer represent- any facility of a national securities ex- title 18, United States Code); atives’); and change,’’; and ‘‘(B) the Public Company Accounting Over- ‘‘(iii) at least 1 individual who is represent- (C) in subsection (c), by inserting after sight Board; ative of municipal securities dealers that are ‘‘unlawful for any’’ the following: ‘‘broker, ‘‘(C) any self-regulatory organization; banks or subsidiaries, departments or divi- dealer, or’’; ‘‘(D) any foreign securities authority; sions of banks (which members are herein- (2) in section 10(a)(1), by striking ‘‘reg- ‘‘(E) any foreign law enforcement author- after referred to as ‘bank representatives’).’’; istered on a national securities exchange’’ ity; or and and inserting ‘‘other than a government se- ‘‘(F) any State securities or law enforce- (2) in paragraph (2), by amending subpara- curity’’; and ment authority. graph (B) to read as follows: (3) in section 15(c)(1)(A), by striking ‘‘oth- ‘‘(2) NONDISCLOSURE OF PRIVILEGED INFOR- ‘‘(B) establish fair procedures for the nomi- erwise than on a national securities ex- MATION PROVIDED TO THE COMMISSION.—The nation and election of members of the Board change of which it is a member’’.

VerDate Mar 15 2010 13:44 May 31, 2013 Jkt 089102 PO 00000 Frm 00045 Fmt 0686 Sfmt 0634 E:\BR10\S26AP0.001 S26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 26, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 5 6255 (d) DEFINITION OF ‘‘INTERESTED PERSON’’.— (E) the hiring authorities, workplace poli- criminal cartel enforcement a top pri- Section 2(a)(19)(A) of the Investment Com- cies, and personal practices of the Commis- ority, and its Corporate Leniency Pol- pany Act of 1940 (15 U.S.C. 80a–2(a)(19)(A)) is sion, including— icy is an important tool in that en- amended— (i) whether there is a need to further forcement. Criminal antitrust offenses (1) by striking clause (v) and inserting the streamline hiring authorities for those who following: are not lawyers, accountants, compliance ex- are generally conspiracies among com- ‘‘(v) any natural person who is a member of aminers, or economists; petitors to fix prices, rig bids, or allo- a class of persons who the Commission, by (ii) whether there is a need for further pay cate markets of customers. The Leni- rule or regulation, determines are unlikely reforms; ency Policy creates incentives for cor- to exercise an appropriate degree of inde- (iii) the diversity of skill sets of Commis- porations to report their unlawful car- pendence as a result of— sion employees and whether the present skill tel conduct to the Division, by offering ‘‘(I) a material business or professional re- set diversity efficiently and effectively fos- the possibility of immunity from lationship with such company or any affili- ters the mission of the Commission of inves- ated person of such company; or tor protection; and criminal charges to the first-reporting ‘‘(II) a close familial relationship with any (iv) the application of civil service laws by corporation, as long as there is full co- natural person who is an affiliated person of the Commission; operation. For more than 15 years, this such company,’’; (F) whether the oversight by the Commis- policy has allowed the Division to un- (2) by striking clause (vi); sion of, and reliance by the Commission on, cover cartels affecting billions of dol- (3) by redesignating clause (vii) as clause self-regulatory organizations promotes effi- lars worth of commerce here in the (vi); and cient and effective governance for the securi- United States, which has led to pros- (4) in clause (vi), as so redesignated, by ties markets; and striking ‘‘two’’ and inserting ‘‘5’’. (G) whether adjusting the reliance by the ecutions resulting in record fines and (e) LOST AND STOLEN SECURITIES.—Section Commission on self-regulatory organizations jail sentences. 17(f)(1) of the Securities Exchange Act of 1934 is necessary to promote more efficient and An important part of the Division’s (15 U.S.C. 78q(f)(1)) is amended— effective governance for the securities mar- Leniency Policy, added by the Anti- (1) in subparagraph (A), by striking ‘‘miss- kets. trust Criminal Penalties Enforcement ing, lost, counterfeit, or stolen securities’’ (b) CONSULTANT REPORT.—Not later than and Reform Act of 2004, limits the civil and inserting ‘‘securities that are missing, 150 days after the independent consultant is liability of leniency participants to the lost, counterfeit, stolen, cancelled, or any retained under subsection (a), the inde- other category of securities as the Commis- pendent consultant shall submit a report to actual damages caused by that com- sion, by rule, may prescribe’’; and the Commission and to Congress con- pany—rather than triple the damages (2) in subparagraph (B), by striking ‘‘or taining— caused by the entire conspiracy, which stolen’’ and inserting ‘‘stolen, cancelled, or (1) a detailed description of any findings is typical in civil antitrust lawsuits. reported in such other manner as the Com- and conclusions made while carrying out the This removed a significant disincentive mission, by rule, may prescribe’’. study required under subsection (a)(1); and to participation in the leniency pro- (f) FINGERPRINTING.—Section 17(f)(2) of the (2) recommendations for legislative, regu- gram—the concern that, despite immu- Securities Exchange Act of 1934 (15 U.S.C. latory, or administrative action that the 78q(f)(2)) is amended— independent consultant determines appro- nity from criminal charges, a partici- (1) in the first sentence, by striking ‘‘and priate to enable the Commission and other pating corporation might still be on registered clearing agency,’’ and inserting entities on which the independent consultant the hook for treble damages in any fu- ‘‘registered clearing agency, registered secu- reports to perform the missions of the Com- ture antitrust lawsuits. rities information processor, national securi- mission, whether mandated by statute or Maintaining strong incentives to ties exchange, and national securities asso- otherwise. make use of the Leniency Policy pro- ciation’’; and (c) COMMISSION REPORT.—Not later than 6 vides important benefits to the victims (2) in the second sentence, by striking ‘‘or months after the date on which the consult- of antitrust offenses, often consumers clearing agency,’’ and inserting ‘‘clearing ant submits the report under subsection (b), agency, securities information processor, na- and every 6 months thereafter during the 2- who paid artificially high prices. It tional securities exchange, or national secu- year period following the date on which the makes it more likely that criminal rities association,’’. consultant submits the report under sub- antitrust violations will be reported SEC. 6. COMMISSION ORGANIZATIONAL STUDY section (b), the Commission shall submit a and, as a result, consumers will be able AND REFORM. report to the Committee on Banking, Hous- to identify and recover their losses (a) STUDY REQUIRED.— ing, and Urban Affairs of the Senate and the from paying illegally inflated prices. (1) IN GENERAL.—Not later than 90 days Committee on Financial Services of the after the date of the enactment of this Act, House of Representatives describing the im- The policy also requires participants to the Securities and Exchange Commission (in plementation by the Commission of the regu- cooperate with plaintiffs in any follow- this section referred to as the ‘‘Commis- latory and administrative recommendations on civil lawsuits, which makes it more sion’’) shall hire an independent consultant contained in the report of the independent likely that the plaintiff consumers will of high caliber who has expertise in organiza- consultant under subsection (b). be able to build strong cases against all tional restructuring and the operations of members of the conspiracy. capital markets to examine the internal op- By Mr. KOHL (for himself, Mr. Since the passage of ACPERA, the erations, structure, funding, and the need for LEAHY, and Mr. HATCH): Antitrust Division has uncovered a comprehensive reform of the Commission, as S. 3259. A bill to amend subtitle A of number of significant cartel cases well as the relationship of the Commission the Antitrust Criminal Penalty En- through its leniency program, includ- with and the reliance by the Commission on hancement and Reform Act of 2004 to ing the air cargo investigation, which self-regulatory organizations and other enti- make the operation of such subtitle so far has yielded over a billion dollars ties relevant to the regulation of securities permanent law; to the Committee on and the protection of securities investors in criminal fines. In that investigation, that are under the oversight of the Commis- the Judiciary. Mr. KOHL. Mr. President, I rise several airlines pled guilty to con- sion. spiring to fix international air cargo (2) SPECIFIC AREAS FOR STUDY.—The study today to introduce the Antitrust Criminal Penalties Enforcement and rates and international passenger fuel required under paragraph (1) shall, at a min- surcharges. Not only were criminal imum, include the study of— Reform Act of 2004 Extension Act. This (A) the possible elimination of unnecessary legislation makes permanent a critical fines levied but one high-ranking exec- or redundant units at the Commission; component of the Antitrust Criminal utive pled guilty and agreed to serve 8 (B) improving communications between of- Penalty Enforcement and Reform Act months in prison. In fiscal year 2004, fices and divisions of the Commission; of 2004, set to expire on June 22, which before the passage of ACPERA, crimi- (C) the need to put in place a clear chain- encourages participation in the Anti- nal antitrust fines totaled $350 million. of-command structure, particularly for en- trust Division’s leniency program. As a Criminal antitrust fines in fiscal year forcement examinations and compliance in- result, the Justice Department will be 2009 surpassed $1 billion. Scott Ham- spections; mond, the Deputy Assistant Attorney (D) the effect of high-frequency trading able to continue to detect, investigate and other technological advances on the and aggressively prosecute price-fixing General for Criminal Enforcement in market and what the Commission requires to cartels which harm consumers. the Antitrust Division, has stated that monitor the effect of such trading and ad- The Antitrust Division of the Depart- the damages limitation has made its vances on the market; ment of Justice has long considered Corporate Leniency Program ‘‘even

VerDate Mar 15 2010 13:44 May 31, 2013 Jkt 089102 PO 00000 Frm 00046 Fmt 0686 Sfmt 0634 E:\BR10\S26AP0.001 S26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 6256 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 5 April 26, 2010 more effective’’ at detecting and pros- SECTION 1. SHORT TITLE. search funding for eating disorders has ecuting cartels. In fact, in the first 5 This Act may be cited as the ‘‘Antitrust lagged behind funding for research into years after passage, leniency applica- Criminal Penalties Enforcement and Reform similar diseases. We simply don’t know Act of 2004 Extension Act of 2010’’. tions increased by 25 percent, and the enough about the causes and con- SEC. 2. ELIMINATION OF SUNSET. Antitrust Division experienced ‘‘un- The Antitrust Criminal Penalty Enhance- sequences of eating disorders, or how precedented’’ success in criminal en- ment and Reform Act of 2004 (15 U.S.C. 1 to stop them from developing in the forcement. note) is amended by striking section 211. first place. We have research sug- ACPERA’s damages limitation is set SEC. 3. EFFECTIVE DATE OF AMENDMENT. gesting that there’s a genetic compo- to expire in June, so we must act The amendment made by section 2 shall nent to eating disorders, but we have quickly to extend it. Otherwise, the take effect immediately before June 22, 2010. got to learn more so we can effectively Justice Department will lose an impor- SEC. 4. GAO REPORT. prevent these diseases before they tant tool that it uses to investigate Not later than 1 year after the date of en- start. and prosecute criminal cartel activity. actment of this Act, the Comptroller General The good news is that eating dis- shall submit a report to the Committees on The strong evidence that this program the Judiciary of the House of Representa- orders are treatable. With appropriate works means it is time to make it per- tives and the Senate on the effectiveness of nutritional, medical, and psycho- manent. Permanence will give all par- the Antitrust Criminal Penalties Enforce- therapeutic interventions, they can be ties—the government, potential am- ment and Reform Act of 2004, both in crimi- successfully and fully cured. But right nesty applicants, and potential private nal investigation and enforcement by the De- now, only one in 10 people receive litigants—a clear sign that criminal partment of Justice and in private civil ac- treatment. cartel enforcement continues to be a tions. Such report shall consider, inter alia, The FREED Act takes a major step top priority, and that the amnesty pro- the effectiveness of incentives for coopera- forward in promoting research, screen- tion, and the timeliness of that cooperation, ing, treatment, and the prevention of gram is a key and continuing compo- in private civil actions. nent of that enforcement program. eating disorders. This certainty is likely to lead to in- By Mr. HARKIN (for himself, Ms. First, the FREED Act expands re- creased participation in the amnesty KLOBUCHAR, and Mr. FRANKEN): search efforts at the National Insti- program, the discovery of more cases, S. 3260. A bill to enhance and further tutes of Health to examine the causes the receipt of more criminal fines, and research into the prevention and treat- and consequences of eating disorders. a higher likelihood of consumers being ment of eating disorders, to improve We need to understand these diseases able to recover their losses in civil liti- access to treatment of eating disorders, to more effectively prevent and treat gation. and for other purposes; to the Com- them. The FREED Act also improves Some have raised questions about mittee on Health, Education, Labor, surveillance and data collection sys- whether the leniency program could be and Pensions. tems at the Centers for Disease Control made more effective by changing the Mr. HARKIN. Mr. President, today I and Prevention so we’ll have accurate requirements for leniency applicants to am joining with Senator KLOBUCHAR information and epidemiological data cooperate in private litigation, or by and Senator FRANKEN to introduce the on eating disorders. increasing the incentive for whistle- Federal Response to Eliminate Eating Second, the FREED Act expands ac- blowing. Currently, there is insuffi- Disorders, FREED, Act. This impor- cess to treatment services and screen- cient evidence to show that changes tant bill is the first comprehensive leg- ing for eating disorders for Medicaid are needed and the Department of Jus- islative effort to confront eating dis- beneficiaries, and creates a patient ad- tice is concerned that any changes orders in the U.S. vocacy network that will help individ- could have the unintended consequence Eating disorders such as anorexia uals with eating disorders find treat- of reducing the incentives to use the nervosa and bulimia nervosa are wide- ment. Furthermore, the FREED Act Leniency Program. Therefore, at this spread, insidious, and too often fatal improves the training and education of time we are hesitant to tinker with diseases. Today, at least 5 million health care providers and educators so success. However, in response to the Americans suffer from eating disorders. they know how to identify and treat concerns, the Antitrust Criminal Pen- Because these diseases often go individuals suffering from eating dis- alties Enforcement and Reform Act of undiagnosed and uncounted, the actual orders. 2004 Extension Act of 2010 requires a number is closer to 11 million Ameri- Finally, we need to step up efforts to GAO study to consider the effective- cans. Adolescent women are by no prevent these diseases in the first ness of the incentives for leniency ap- means the only people suffering from place. As I have said so many times, we plicants to cooperate in private litiga- eating disorders; these diseases don’t don’t have a genuine health care sys- tion, and specifically whether such co- discriminate by gender, race, income, tem in America, we have a sick care operation is made in a timely fashion. or age. system. In other words, if you get sick, The Antitrust Criminal Penalties En- Eating disorders are dangerous condi- you get treatment. But we can spend forcement and Reform Act of 2004 is tions, but their consequences are often just pennies on the dollar to prevent meant to facilitate both government underestimated. These diseases can disease and illness in the first place by and private enforcement of the anti- lead to serious heart conditions, kid- placing a much more robust emphasis trust laws, and the GAO study will ney failure, osteoporosis, infertility, on wellness, nutrition, physical activ- shed some light on whether it strikes gastrointestinal disorders, and even ity, and public health. With this in the correct balance. When we receive death. The National Institute of Men- mind, the FREED Act authorizes the study, we will review it and act ac- tal Health estimates that one in 10 peo- grants to develop and implement evi- cordingly, changing the law if nec- ple with anorexia nervosa will die of dence-based prevention programs and essary. starvation, cardiac arrest, or some promote healthy eating behaviors in I urge my colleagues to support this other medical complication. One in 10! schools, athletic programs, and other important legislation. That is deeply disturbing, and cries out community-based programs. Mr. President, I ask unanimous con- for a much more aggressive Federal re- Sadly, eating disorders are not rare. sent that the text of the bill be printed sponse. Moreover, fatalities resulting These diseases touch the lives of so in the RECORD. from eating disorders are grossly many of our families and friends. Near- There being no objection, the text of underreported, because deaths are typi- ly half of all Americans personally the bill was ordered to be printed in cally recorded by listing the immediate know someone with an eating disorder. the RECORD, as follows: cause of death, such as cardiac arrest, We have got to do a better job at the S. 3259 rather than the underlying cause, Federal level of investing in research, Be it enacted by the Senate and House of Rep- which is the eating disorder. treatment, and prevention. The resentatives of the United States of America in But, despite their prevalence and FREED Act builds on the investments Congress assembled, very serious impacts on health, re- we made in prevention, wellness, and

VerDate Mar 15 2010 13:44 May 31, 2013 Jkt 089102 PO 00000 Frm 00047 Fmt 0686 Sfmt 0634 E:\BR10\S26AP0.001 S26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 26, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 5 6257 mental health in health reform and (14) Despite the serious health con- ‘‘(d) REQUIREMENTS OF CONSORTIA.— mental health parity. sequences and the high risk of death, Federal ‘‘(1) IN GENERAL.—Each consortium estab- I thank Senator KLOBUCHAR and Sen- research funding for eating disorders has lished as described in subsection (b) may use lagged behind research concerning other dis- the facilities of a single lead institution, or ator FRANKEN for partnering with me eases, when compared by the number of indi- may be formed from several cooperating in- on this bill, and urge our colleagues to viduals affected by, and the relative health stitutions, meeting such requirements as join us in dramatically stepping up the consequences of, the diseases. may be prescribed by the Director of NIH. federal response to eating disorders. (15) The ability of individuals suffering ‘‘(2) COORDINATION OF CONSORTIA.—The Di- Mr. President, I ask unanimous con- from eating disorders, particularly bulimia rector of NIH— sent that the text of the bill be printed nervosa, binge eating disorder, and EDNOS ‘‘(A) may, as appropriate, provide for the in the RECORD. to access appropriate treatment is unaccept- coordination of information among consortia There being no objection, the text of ably low. established under subsection (b); and the bill was ordered to be printed in (16) The development of an eating disorder ‘‘(B) shall ensure regular communication the RECORD, as follows: is frequently preceded by unhealthy weight between members of the various consortia control behaviors commonly identified as established using grants awarded under this S. 3260 disordered eating, including skipping meals, section. Be it enacted by the Senate and House of Rep- using diet pills, taking laxatives, self-in- ‘‘(3) REPORTS.—The Director of NIH shall resentatives of the United States of America in duced vomiting, and fasting. Such disordered require each consortium to periodically pre- Congress assembled, eating behaviors should be included in en- pare and submit to such director reports on SECTION 1. SHORT TITLE. hanced research prevention and training ef- the activities of such consortium. This Act may be cited as the ‘‘Federal Re- forts. ‘‘(e) ACTIVITIES.—Each consortium receiv- sponse to Eliminate Eating Disorders Act’’. SEC. 3. PURPOSES. ing a grant under subsection (b) shall con- SEC. 2. FINDINGS. The purposes of this Act are— duct basic, clinical, epidemiological, popu- Congress finds as follows: (1) to expand research into the prevention lation-based, or translational research re- (1) Estimates, based on current research, of eating disorders; garding eating disorders, which may include indicate that at least 5,000,000 people in the (2) to expand research on effective treat- research related to— United States suffer from eating disorders ment and intervention of eating disorders ‘‘(1) the identification and classification of including anorexia nervosa, bulimia nervosa, and to support evidence-based programs de- eating disorders and disordered eating; binge eating disorder, and eating disorders signed to prevent eating disorders; ‘‘(2) the causes, diagnosis, and early detec- not otherwise specified (referred to in this (3) to expand research on the causes, tion of eating disorders; Act as ‘‘EDNOS’’). courses, and outcomes of eating disorders; ‘‘(3) the treatment of eating disorders, in- (2) Anecdotal evidence suggests that as (4) to increase the number of people prop- cluding the development and evaluation of many as 11,000,000 people in the United erly screened and diagnosed with an eating new treatments and best practices; States, including 1,000,000 males, may suffer disorder; ‘‘(4) the conditions or diseases related to, from eating disorders. (5) to improve training and education of or arising from, an eating disorder; and (3) Eating disorders occur in all nations health care and behavioral care providers ‘‘(5) the evaluation of existing prevention and in all populations, and among people of and of school personnel at all levels of ele- programs and the development of reliable all ages and races and of both genders. mentary and secondary education; prevention and screening programs. (4) Eating disorders are diseases with grave (6) to improve surveillance and data sys- ‘‘(f) COLLABORATION.—The Secretary, act- health consequences and high rates of mor- tems for tracking the prevalence, severity, ing through the Director of NIH and the Di- tality. and economic costs of eating disorders; and rector of the National Institute of Mental (5) Health consequences associated with (7) to enhance access to comprehensive Health, shall identify relevant Federal agen- eating disorders include heart failure and treatment for eating disorders. cies (including the other institutes and cen- ters of the National Institutes of Health, the other serious cardiac conditions, electrolyte TITLE I—EATING DISORDER DETECTION Centers for Medicare & Medicaid Services, imbalance, kidney failure, osteoporosis, de- AND RESEARCH the Centers for Disease Control and Preven- bilitating tooth decay, and gastrointestinal SEC. 101. EXPANSION AND COORDINATION OF disorders, including esophageal inflamma- tion, the Agency for Healthcare Research THE ACTIVITIES OF THE NATIONAL and Quality, the Substance Abuse and Men- tion and rupture, gastric rupture, peptic ul- INSTITUTE OF HEALTH AND THE NA- cers, and pancreatitis. TIONAL INSTITUTE OF MENTAL tal Health Services Administration, the (6) Anorexia nervosa has one of the highest HEALTH WITH RESPECT TO RE- Health Resources and Services Administra- overall mortality rates of any mental illness. SEARCH ON EATING DISORDERS. tion, and the Office on Women’s Health) that According to the National Institute of Men- Part B of title IV of the Public Health shall collaborate with respect to activities tal Health, 1 in 10 people with anorexia Service Act (42 U.S.C. 284 et seq.), as amend- conducted under subsection (d). nervosa will die of starvation, cardiac arrest, ed by section 4305(b) of the Patient Protec- ‘‘(g) PUBLIC INPUT.—The Director of NIH or another medical complication. tion and Affordable Care Act (Public Law shall provide for a mechanism— (7) The risk of death among adolescents 111–148), is further amended by adding at the ‘‘(1) to educate and disseminate informa- with anorexia nervosa is 11 times greater end the following: tion on the existing and planned programs than in disease-free adolescents. ‘‘SEC. 409K. EXPANSION AND COORDINATION OF and research activities of the National Insti- (8) Anorexia nervosa has the highest sui- ACTIVITIES WITH RESPECT TO RE- tutes of Health with respect to eating dis- SEARCH ON EATING DISORDERS. cide rate of all mental illnesses. orders; and ‘‘(a) IN GENERAL.—The Director of NIH, (9) New research suggests that bulimia ‘‘(2) through which the Director of NIH pursuant to the general authority of such di- may receive comments from the public re- nervosa has a much higher rate of mortality rector, shall expand, intensify, and coordi- than is reflected in current statistics, be- garding such programs and activities. nate the activities of the National Institutes ‘‘(h) DISSEMINATION OF INFORMATION.—The cause of the failure to identify the under- of Health with respect to research on eating Director of NIH shall provide for a mecha- lying eating disorder. disorders. nism for making the results and information (10) Binge eating disorder is the most com- ‘‘(b) GRANTS.—The Director of NIH may generated by the consortia publicly avail- mon eating disorder, with an estimated 3.5 award grants to public or private entities to able, such as through the Internet. percent of American women and 2 percent of pay all or part of the cost of planning, estab- ‘‘(i) DEFINITION.—For purposes of this sec- American men expected to suffer from this lishing, improving, and providing basic oper- tion, the term ‘eating disorder’ has the disorder in their lifetime. Binge eating dis- ating support for such entities to establish meaning given such term in section 399OO(e). order is characterized by frequent episodes of consortia in eating disorder research and to ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— uncontrolled overeating and is associated carry out the activities described in sub- To carry out this section, there are author- with obesity, heart disease, gall bladder dis- section (e). ized to be appropriated such sums as may be ease, and diabetes. ‘‘(c) ELIGIBLE ENTITIES.—To be eligible to necessary for each of fiscal years 2011 (11) Research demonstrates that there is a receive a grant under this section, an entity through 2015.’’. significant genetic component to the devel- shall— SEC. 102. INTERAGENCY COORDINATING COUN- opment of eating disorders. ‘‘(1) be public or nonprofit private entity CIL; SURVEILLANCE AND RESEARCH (12) Certain populations, including adoles- (including a health department of a State, a PROGRAM; STUDY ON ECONOMIC cent females and athletes of both genders, political subdivision of a State, or an insti- COST. are at higher risk of developing an eating tution of higher education); and Title III of the Public Health Service Act disorder. ‘‘(2) submit to the Secretary an application (42 U.S.C. 241 et seq.), as amended by section (13) Different types of eating disorders may at such time, in such manner, and con- 4303 of the Patient Protection and Affordable affect certain races and genders dispropor- taining such information as the Secretary Care Act (Public Law 111–148), is further tionately. may require. amended by adding at the end the following:

VerDate Mar 15 2010 13:44 May 31, 2013 Jkt 089102 PO 00000 Frm 00048 Fmt 0686 Sfmt 0634 E:\BR10\S26AP0.001 S26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 6258 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 5 April 26, 2010 ‘‘PART W—PROGRAMS RELATING TO more additional 4 year-terms. Any member section shall submit to the Secretary a re- EATING DISORDERS appointed to fill a vacancy for an unexpired port describing the activities conducted ‘‘SEC. 399OO. INTERAGENCY EATING DISORDERS term shall be appointed for the remainder of using grant funds and providing rec- COORDINATING COUNCIL. such term. A member may serve after the ex- ommendations for improving the collection, ‘‘(a) ESTABLISHMENT.—There is established piration of the member’s term until a suc- analysis, and reporting of epidemiological within the Department of Health and Human cessor has taken office. data on eating disorders. Services the Interagency Eating Disorders ‘‘(3) MEETINGS.— ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— Coordinating Council (referred to in this sec- ‘‘(A) IN GENERAL.—The Coordinating Coun- To carry out this section, there are author- tion as the ‘Coordinating Council’). cil shall meet at the call of the chairperson ized to be appropriated such sums as may be ‘‘(b) RESPONSIBILITIES.—The Coordinating or upon the request of the Secretary. The Co- necessary for each of fiscal years 2011 Council shall— ordinating Council shall meet not fewer than through 2015. ‘‘(1) develop and annually update a sum- 2 times each year. ‘‘SEC. 399OO-2. STUDY REGARDING ECONOMIC ‘‘(B) NOTICE.—Notice of any upcoming mary of advances in eating disorder research COSTS OF EATING DISORDERS. concerning causes of, prevention of, early meeting of the Coordinating Council shall be screening for, treatment and access to serv- published in the Federal Register. ‘‘The Secretary, acting through the Direc- ices related to, and supports for individuals ‘‘(C) PUBLIC ACCESS.—Each meeting of the tor of the Centers for Disease Control and affected by, eating disorders; Coordinating Council shall be open to the Prevention, shall conduct a study evaluating ‘‘(2) monitor Federal activities with re- public and shall include appropriate periods the economic costs of eating disorders. Such spect to eating disorders; of time for questions by the public. study may examine years of productive life ‘‘(3) make recommendations to the Sec- ‘‘(4) SUBCOMMITTEES.—In carrying out its lost, missed days of work, reduced work pro- retary regarding any appropriate changes to functions the Coordinating Council may es- ductivity, costs of medical and mental such activities, and to the Director of NIH, tablish subcommittees and convene work- health treatment, costs to family, and costs with respect to the strategic plan developed shops and conferences. to society as a result of eating disorders.’’. under paragraph (4); ‘‘(e) EATING DISORDER.—In this part, the TITLE II—EATING DISORDER EDUCATION ‘‘(4) develop and annually update a stra- term ‘eating disorder’ includes anorexia AND PREVENTION; STUDIES ON EATING tegic plan for the conduct of, and support nervosa, bulimia nervosa, binge eating dis- DISORDERS AND BODY MASS INDEX; for, eating disorder research, including pro- order, and eating disorders not otherwise PUBLIC SERVICE ANNOUNCEMENTS posed budgetary recommendations; and specified, as defined in the fourth edition of ‘‘(5) submit to Congress the strategic plan the Diagnostic and Statistical Manual of SEC. 201. GRANTS TO PREVENT EATING DIS- developed under paragraph (4) and all up- Mental Disorders or any subsequent edition. ORDERS. dates to such plan. ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— Title III of the Public Health Service Act ‘‘(c) MEMBERSHIP.— To carry out this section, there are author- (42 U.S.C. 241 et seq.), as amended by section ‘‘(1) CHAIRPERSON.—The Director of NIH ized to be appropriated such sums as may be 102, is further amended by adding at the end shall serve as the chairperson of the Coordi- necessary for each of fiscal years 2011 the following: through 2015. nating Council and shall be responsible for ‘‘SEC. 399OO-3. GRANTS TO PREVENT EATING DIS- the leadership and oversight of the activities ‘‘SEC. 399OO-1. EATING DISORDER SURVEIL- ORDERS. of the Coordinating Council. LANCE AND RESEARCH PROGRAM. ‘‘(a) IN GENERAL.—The Secretary, acting ‘‘(2) MEMBERS IN GENERAL.—The Coordi- ‘‘(a) IN GENERAL.—The Secretary, acting through the Director of the Centers for Dis- nating Council shall be composed of— through the Director of the Centers for Dis- ease Control and Prevention and in coordina- ‘‘(A) representatives of— ease Control and Prevention, shall award tion with the Administrator of the Health ‘‘(i) the Agency for Healthcare Research grants or cooperative agreements to eligible Resources and Services Administration, and Quality; entities for the purpose of improving the col- shall award grants to eligible entities to ‘‘(ii) the Substance Abuse and Mental lection, analysis and reporting of State epi- plan, implement, and evaluate programs to Health Administration; demiological data on eating disorders. prevent eating disorders and obesity and the ‘‘(iii) the research institutes at the Na- ‘‘(b) ACTIVITIES.—An eligible entity shall acute and chronic medical conditions that tional Institutes of Health, as the Director of assist with the development and coordina- accompany such conditions, and to promote NIH determines appropriate; tion of eating disorder surveillance efforts healthy body image and appropriate nutri- ‘‘(iv) the Health Resources and Services within a region and may— tion-based eating behaviors. Administration; ‘‘(1) provide for the collection, analysis, ‘‘(v) the Centers for Medicare & Medicaid and reporting of epidemiological data on eat- ‘‘(b) ELIGIBILITY.—To be eligible to receive Services; ing disorders through the existing surveil- a grant under this section, an entity shall— ‘‘(vi) the Office of Women’s Health; lance programs; ‘‘(1) be a State, local or tribal educational ‘‘(vii) the Centers for Disease Control and ‘‘(2) develop recommendations to enhance agency, an accredited institution of higher Prevention; and existing surveillance programs to more accu- education, a State or local health depart- ‘‘(viii) the Department of Education; and rately collect epidemiological data on dis- ment, or a community based organization; ‘‘(B) the additional members appointed ordered eating and eating disorders, includ- and under paragraph (3). ing the number, incidence, trends, cor- ‘‘(2) submit an application to the Secretary ‘‘(3) ADDITIONAL MEMBERS.—Not fewer than relates, mortality, and causes of eating dis- at such time, in such manner, and con- 1⁄3 of the total membership of the Coordi- orders and the effects of eating disorders on taining such information as the Secretary nating Council shall be composed of non- quality of life; may require. Federal public members to be appointed by ‘‘(3) develop recommendations to improve ‘‘(c) USE OF FUNDS.—An entity receiving a the Secretary, including representatives of— requirements for ensuring that eating dis- grant under this section shall fund develop- ‘‘(A) academic medical centers or schools orders are accurately recorded as underlying ment and testing of school-, clinic-, commu- of medicine, nursing, or other health profes- and contributing causes of death; and nity-, or health department-based programs sions; ‘‘(4) assist with the development and co- designed to promote healthy eating behav- ‘‘(B) health care professionals who are ac- ordination of surveillance efforts within a iors and to prevent eating disorders includ- tively involved in the treatment of eating region. ing— disorders; ‘‘(c) ELIGIBLE ENTITIES.—To be eligible to ‘‘(1) developing evidence-based interven- ‘‘(C) researchers with expertise in eating receive an award under this section, an enti- tions to prevent eating disorders, including disorders; and ty shall— educational or intervention programs re- ‘‘(D) at least 2 individuals with a past or ‘‘(1) be a public or nonprofit private entity garding nutritional content, understanding present diagnosis of an eating disorder or (including a health department of a State, a and responding to hunger and satiety, posi- parents of individuals with a past or present political subdivision of a State, or an insti- tive body image development, positive self- diagnosis of an eating disorder. tution of higher education); and esteem development, and life skills, that ‘‘(d) ADMINISTRATIVE SUPPORT; TERMS OF ‘‘(2) submit to the Secretary an application take into account cultural and develop- SERVICE; OTHER PROVISIONS.— at such time, in such manner, and con- mental issues and the role of family, school, ‘‘(1) ADMINISTRATIVE SUPPORT.—The Co- taining such information as the Secretary and community; ordinating Council shall receive necessary may require. ‘‘(2) planning and implementing a healthy and appropriate administrative support from ‘‘(d) TECHNICAL ASSISTANCE.—In making lifestyle curriculum or program with an em- the Secretary. awards under this section, the Secretary phasis on healthy eating behaviors, physical ‘‘(2) TERMS OF SERVICE.—Members of the may provide direct technical assistance in activity, and emotional wellness, the con- Coordinating Council appointed under sub- lieu of cash. nection between emotional and physical section (c)(2) shall serve for a term of 4 ‘‘(e) REPORTS.—Each entity awarded a health, and the prevention of bullying based years, and may be reappointed for one or grant or cooperative agreement under this on body size, shape, and weight;

VerDate Mar 15 2010 13:44 May 31, 2013 Jkt 089102 PO 00000 Frm 00049 Fmt 0686 Sfmt 0634 E:\BR10\S26AP0.001 S26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 26, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 5 6259 ‘‘(3) forming partnerships with parents and nate Eating Disorders Act, the Director of ‘‘(B) strategies for the dissemination and caregivers to educate adults about identi- the Centers for Disease Control and Preven- sharing of curricula and other educational fying unhealthy eating behaviors and pro- tion, in consultation with the Secretary of materials developed under the grant to other moting healthy eating behaviors, physical Education, shall conduct a study on manda- interested health professions schools, na- activity, and emotional wellness; and tory reporting of body mass index, includ- tional resource repositories for materials on ‘‘(4) integrating eating disorder prevention ing— eating disorders, and health services con- and awareness in physical education, health, ‘‘(1) how many schools are currently con- tinuing education providers; education, athletic training programs, and ducting such measuring; and ‘‘(C) a plan for consulting with commu- after-school recreational sports programs, to ‘‘(2) the impacts on students of such meas- nity-based coalitions, treatment centers, or the extent possible. ures, which may include student and parent eating disorder research experts who have ‘‘(d) REQUIREMENTS OF GRANT RECIPI- reactions to such reports, including changes experience and expertise in issues related to ENTS.— in physical activity, a focus on nutrition, a eating disorders, for services provided under ‘‘(1) LIMITATION ON ADMINISTRATIVE EX- focus on body image, the use of weight con- the program carried out under the grant; and PENSES.—A recipient of a grant under this trol behaviors, eating disorder symptoms, ‘‘(D) a plan for making the information section shall not use more than 10 percent of and the incidence of teasing or bullying and curricula publicly available to health the amounts received under a grant under based on body size. professionals, such as through the Internet. this section for administrative expenses. ‘‘SEC. 399OO-6. PUBLIC SERVICE ADVERTISE- ‘‘(c) USE OF FUNDS.— ‘‘(2) CONTRIBUTION OF FUNDS.—A recipient MENTS. ‘‘(1) REQUIRED USES.—Amounts provided of a grant under this section, and any entity ‘‘The Secretary, in consultation with the under a grant awarded under this section receiving assistance under the grant for Director of the National Institutes of Health shall be used to fund interdisciplinary train- training and education, shall contribute non- and the Secretary of Education, shall carry ing and education projects that are designed Federal funds, either directly or through in- out a program to develop, distribute, and to train medical, nursing, and other health kind contributions, to the costs of the activi- promote the broadcasting of public service professions students and residents to iden- ties to be funded under the grant in an announcements to improve public awareness tify and provide appropriate health care amount that is not less than 10 percent of of, and to promote the identification and services (including mental or behavioral the total cost of such activities. prevention, of eating disorders. health care services and referrals to appro- ‘‘(3) EVALUATION.—Each recipient of a ‘‘SEC. 399OO-7. AUTHORIZATION OF APPROPRIA- priate community services) to individuals grant under this section shall provide to the TIONS. who have eating disorders. Secretary, in such form and manner as the ‘‘To carry out sections 399OO-3, 399OO-4, ‘‘(2) PERMISSIVE USE.—Amounts provided Secretary shall specify, relevant data and an 399OO-5, and 399OO-6, there are authorized to under a grant under this section may be used evaluation of the activities of the grant re- be appropriated such sums as may be nec- to offer community-based training opportu- cipient in promoting healthy eating behav- essary for each of fiscal years 2011 through nities in rural areas for medical, nursing, iors and preventing eating disorders. Evalua- 2015.’’. and other health professions students and tion reports shall be made publicly available, SEC. 202. SENSE OF THE SENATE. residents on eating disorders, which may in- such as through the Internet. It is the sense of the Senate that critically clude the use of distance learning networks ‘‘(e) TECHNICAL ASSISTANCE.—The Sec- and other available technologies needed to retary may set aside an amount not to ex- necessary programs to reduce obesity in chil- dren may also unintentionally increase the reach isolated rural areas. ceed 1 percent of the total amount appro- ‘‘(d) REQUIREMENTS OF GRANTEES.— unhealthy weight control behaviors that can priated for a fiscal year to provide grantees ‘‘(1) LIMITATION ON ADMINISTRATIVE EX- lead to development of eating disorders, and with technical support in the development, PENSES.—A grantee shall not use more than that federally funded programs to combat implementation, and evaluation of programs 10 percent of the amounts received under a obesity should take this connection into con- under this section and to disseminate infor- grant under this section for administrative sideration. mation about preventing and treating eating expenses. disorders and obesity. TITLE III—IMPROVING TRAINING IN ‘‘(2) CONTRIBUTION OF FUNDS.—A grantee ‘‘SEC. 399OO-4. STUDY OF EATING DISORDERS IN HEALTH PROFESSIONS, EDUCATION, under this section, and any entity receiving ELEMENTARY SCHOOLS, SEC- AND RELATED FIELDS assistance under the grant for training and ONDARY SCHOOLS, AND INSTITU- SEC. 301. GRANTS FOR HEALTH PROFESSIONALS. education, shall contribute non-Federal TIONS OF HIGHER EDUCATION. Part D of title VII of the Public Health funds, either directly or through in-kind con- ‘‘Not later than 18 months after the date of tributions, to the costs of the activities to be enactment of the Federal Response to Elimi- Service Act (42 U.S.C. 294 et seq.), as amend- funded under the grant in an amount that is nate Eating Disorders Act, the National Cen- ed by section 4305(c) of the Patient Protec- not less than 10 percent of the total cost of ter for Health Statistics of the Centers for tion and Affordable Care Act (Public Law such activities. Disease Control and Prevention and the Na- 111–148), is further amended by adding at the ‘‘(e) EATING DISORDER.—In this section, the tional Center for Education Statistics of the end the following: term ‘eating disorder’ has the meaning given Department of Education shall conduct a ‘‘SEC. 760. GRANTS FOR HEALTH PROFES- such term in section 399OO(e). joint study, or enter into a contract to have SIONALS. ‘‘(a) GRANTS.—The Secretary, acting ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— a study conducted, on the impact eating dis- There are authorized to be appropriated to orders have on educational advancement and through the Director of the Health Re- sources and Services Administration, shall carry out this section such sums as may be achievement. The study shall— necessary for fiscal years 2011 through 2015.’’. ‘‘(1) determine the incidence of eating dis- award grants under this section to develop interdisciplinary training and education pro- SEC. 302. TRAINING IN ELEMENTARY AND SEC- orders and disordered eating among stu- ONDARY SCHOOLS. dents, and the morbidity and mortality rates grams that provide undergraduate, graduate, post-graduate medical, nursing (including Section 5131(a) of the Elementary and Sec- associated with eating disorders; ondary Education Act of 1965 (20 U.S.C. ‘‘(2) evaluate the extent to which students advanced practice nursing students), dental, mental and behavioral health, pharmacy, 7215(a)) is amended by adding at the end the with eating disorders are more likely to miss following: school, have delayed rates of development, and other health professions students or resi- dents with an understanding of, and clinical ‘‘(28) Programs to improve the identifica- or have reduced cognitive skills; tion of students with eating disorders (as de- ‘‘(3) report on current State and local pro- skills pertinent to identifying and treating, eating disorders. fined in section 399OO of the Public Health grams to increase awareness about the dan- Service Act), increase awareness of such dis- gers of eating disorders among youth and to ‘‘(b) ELIGIBILITY.—To be eligible to receive a grant under this section an entity shall— orders among parents and students, and prevent eating disorders and the risk factors train educators (including teachers, school for eating disorders, and evaluate the value ‘‘(1) be an accredited school of allopathic or osteopathic medicine, or an accredited nurses, school social workers, coaches, of such programs; and school counselors, and administrators) on ef- ‘‘(4) make recommendations on measures school of nursing, public health, social work, dentistry, behavioral and mental health, or fective eating disorder prevention, screening, that could be undertaken by Congress, the detection and assistance methods.’’. Department of Education, States, and local pharmacy, or an accredited medical, dental, educational agencies to strengthen eating or nursing residency program; TITLE IV—IMPROVING AVAILABILITY AND disorder prevention and awareness programs ‘‘(2) prepare and submit to the Secretary ACCESS TO TREATMENT including development of best practices. an application at such time, in such manner, SEC. 401. MEDICAID COVERAGE FOR EATING DIS- ORDER TREATMENT SERVICES. ‘‘SEC. 399OO-5. STUDY OF THE SUITABILITY OF and containing such information as the Sec- MANDATING BODY MASS INDEX RE- retary may require, including— (a) IN GENERAL.—Section 1905 of the Social PORTING IN ELEMENTARY SCHOOLS ‘‘(A) information to demonstrate that the Security Act (42 U.S.C. 1396d(a)), as amended AND SECONDARY SCHOOLS. applicant will employ an evidence-based ap- by section 2301(a)(1) of the Patient Protec- ‘‘Not later than 18 months after the date of proach for training health professionals on tion and Affordable Care Act (Public Law enactment of the Federal Response to Elimi- eating disorders; 111–148) and section 1202(b) of the Health

VerDate Mar 15 2010 13:44 May 31, 2013 Jkt 089102 PO 00000 Frm 00050 Fmt 0686 Sfmt 0634 E:\BR10\S26AP0.001 S26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 6260 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 5 April 26, 2010 Care and Education Reconciliation Act of further amended by adding at the end the not less than 75 percent of the total cost of 2010 (Public Law 111–152), is amended— following: such activities. (1) in subsection (a)— ‘‘SEC. 938. GRANTS TO SUPPORT PATIENT ADVO- ‘‘(3) REPORTING TO SECRETARY.—A grantee (A) in paragraph (28), by striking ‘‘and’’ at CACY. under this section shall submit to the Sec- the end; ‘‘(a) GRANTS.—The Secretary, acting retary a report, at such time, in such man- (B) by redesignating paragraph (29) as through the Director, shall award grants ner, and containing such information as the paragraph (30); and under this section to develop and support pa- Secretary may require, including a descrip- (C) by inserting after paragraph (28) the tient advocacy work to help individuals with tion and evaluation of the activities de- following new paragraph: eating disorders obtain adequate health care scribed in subsection (c) carried out by such ‘‘(29) eating disorder treatment services (as services and insurance coverage. entity. defined in subsection (ee)(1)); and’’; and ‘‘(b) ELIGIBILITY.—To be eligible to receive (2) by adding at the end the following new a grant under this section, an entity shall— ‘‘(e) EATING DISORDER.—In this section, the subsection: ‘‘(1) be a public or nonprofit private entity term ‘eating disorder’ has the meaning given ‘‘(ee) EATING DISORDER TREATMENT SERV- (including a health department of a State or such term in section 399OO(e). ICES .— tribal agency, a community-based organiza- ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(1) DEFINITION.—The term ‘eating disorder tion, or an institution of higher education); To carry out this section, there are author- treatment services’ means services relating ‘‘(2) prepare and submit to the Secretary ized to be appropriated such sums as may be to diagnosis and treatment of an eating dis- an application at such time, in such manner, order (as defined in section 399OO of the Pub- and containing such information as the Sec- necessary for fiscal years 2011 through 2015.’’. lic Health Service Act), including screening, retary may require, including— counseling, pharmacotherapy (including cov- ‘‘(A) comprehensive strategies for advo- f erage of drugs described in paragraph (2)), cating on behalf of, and working with, indi- and other necessary health care services. viduals with eating disorders or at risk for SUBMITTED RESOLUTIONS ‘‘(2) COVERAGE FOR PHARMACOLOGICAL developing eating disorders; TREATMENT OF EATING DISORDERS.—For pur- ‘‘(B) a plan for consulting with commu- poses of paragraph (1), eating disorder treat- nity-based coalitions, treatment centers, or ment services shall include drugs provided as eating disorder research experts who have part of care in an inpatient setting, covered experience and expertise in issues related to SENATE RESOLUTION 500—EX- outpatient drugs (as defined in section eating disorders or patient advocacy in pro- PRESSING THE SINCERE CONDO- 1927(k)(2)), and non-prescription drugs de- viding services under a grant awarded under LENCES OF THE SENATE TO THE scribed in section 1927(d)(2)(A) that are pre- this section; and FAMILY, LOVED ONES, UNITED scribed, in accordance with generally accept- ‘‘(C) a plan for financial sustainability in- ed medical guidelines, for treatment of an volving State, local, and private contribu- STEELWORKERS, FELLOW WORK- eating disorder.’’. tions. ERS, AND THE ANACORTES COM- (b) INCREASED FMAP FOR EATING DISORDER ‘‘(c) USE OF FUNDS.—Amounts provided MUNITY ON THE TRAGEDY AT TREATMENT SERVICES.—Section 1905(b) of the under a grant awarded under this section THE TESORO REFINERY IN Social Security Act (42 U.S.C. 1396d(b)), as shall be used to support patient advocacy ANACORTES, WASHINGTON amended by section 4106(b) of the Patient work, including— Protection and Affordable Care Act, is ‘‘(1) providing education and outreach in Mrs. MURRAY (for herself and Ms. amended— community settings regarding eating dis- CANTWELL) submitted the following (1) by striking ‘‘and’’ before ‘‘(5)’’; and orders and associated health problems, espe- resolution; which was considered and (2) by inserting before the period at the end cially among low-income, minority, and the following: ‘‘, and (6) the Federal medical medically underserved populations; agreed to: assistance percentage shall be equal to the ‘‘(2) facilitating access to appropriate, ade- S. RES. 500 enhanced FMAP described in section 2105(b) quate, and timely health care for individuals with respect to medical assistance for eating with eating disorders and associated health Whereas the State of Washington, the disorder treatment services (as defined in problems; Tesoro Corporation, and the United Steel- subsection (ee)(1)) provided to an individual ‘‘(3) assisting in communication and co- workers experienced a tragedy on April 2, who is eligible for such assistance and has an operation between patients and providers; 2010, when a fire occurred at the Tesoro re- eating disorder (as defined in section 399OO ‘‘(4) representing the interests of patients finery in Anacortes, Washington; of the Public Health Service Act)’’. in managing health insurance claims and Whereas 7 workers died as a result of the (c) INCLUSION IN EPSDT SERVICES.—Sec- plans; tragedy: Daniel J. Aldridge, Matthew C. tion 1905(r)(1)(B) of such Act (42 U.S.C. ‘‘(5) providing education and outreach re- Bowen, Donna Van Dreumel, Matt Gumbel, 1396d(r)(1)(B)) is amended— garding enrollment in health insurance, in- Darrin J. Hoines, Lew Janz, and Kathryn (1) in clause (iv), by striking ‘‘and’’ at the cluding enrollment in the Medicare program Powell; end; under title XVIII of the Social Security Act, Whereas Federal and State government (2) in clause (v), by striking the period at the Medicaid program under title XIX of agencies, including the Chemical Safety and the end and inserting ‘‘; and’’; and such Act, and the Children’s Health Insur- Hazard Investigation Board, the Environ- (3) by inserting after clause (v) the fol- ance Program under title XXI of such Act; mental Protection Agency, and the Wash- lowing new clause: ‘‘(6) identifying, referring, and enrolling ington State Department of Labor and In- ‘‘(vi) appropriate diagnostic services relat- underserved populations in appropriate dustries, are investigating the tragedy and ing to eating disorders (as defined in section health care agencies and community-based reviewing current safety procedures and 399OO of the Public Health Service Act).’’. programs and organizations in order to in- processes to prevent future tragedies from (d) EXCEPTION FROM OPTIONAL RESTRICTION crease access to high-quality health care occurring; and UNDER MEDICAID DRUG COVERAGE.—Section services; Whereas, to support the victims and the 1927(d)(2)(A) of such Act (42 U.S.C. 1396r- ‘‘(7) providing technical assistance, train- families involved in the tragedy, the United 8(d)(2)(A)) is amended by inserting before the ing, and organizational support for patient Steelworkers Local 12-591 has established the period at the end the following: ‘‘, except for advocates; and Tesoro Incident Family Fund and the Tesoro drugs that are prescribed, in accordance with ‘‘(8) creating, operating, and participating Corporation and the Skagit Community generally accepted medical guidelines, for in State or regional networks of patient ad- Foundation have partnered to establish the the purpose of treatment of an individual vocates. Tesoro Anacortes Refinery Survivors Fund: who is eligible for medical assistance under ‘‘(d) REQUIREMENTS OF GRANTEES.— Now, therefore, be it the State plan and has an eating disorder (as ‘‘(1) LIMITATION ON ADMINISTRATIVE EX- defined in section 399OO of the Public Health PENSES.—A grantee shall not use more than Resolved, That the Senate— Service Act)’’. 5 percent of the amounts received under a (1) expresses the sincere condolences of the (e) EFFECTIVE DATE.—The amendments grant under this section for administrative Senate to the family, loved ones, United made by this section shall apply to drugs and expenses. Steelworkers, fellow workers, and the services furnished on or after October 1, 2010. ‘‘(2) CONTRIBUTION OF FUNDS.—A grantee Anacortes community on the tragedy at the SEC. 402. GRANTS TO SUPPORT PATIENT ADVO- under this section, and any entity receiving Tesoro refinery in Anacortes, Washington; CACY. assistance under the grant for training and and Subpart II of part D of title IX of the Pub- education, shall contribute non-Federal (2) honors Daniel J. Aldridge, Matthew C. lic Health Service Act, as amended by sec- funds, either directly or through in-kind con- Bowen, Donna Van Dreumel, Matt Gumbel, tion 6301(b) of the Patient Protection and Af- tributions, to the costs of the activities to be Darrin J. Hoines, Lew Janz, and Kathryn fordable Care Act (Public Law 111–148), is funded under the grant in an amount that is Powell.

VerDate Mar 15 2010 13:44 May 31, 2013 Jkt 089102 PO 00000 Frm 00051 Fmt 0686 Sfmt 0634 E:\BR10\S26AP0.001 S26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 26, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 5 6261 SENATE CONCURRENT RESOLU- Sec. 216. Deficit-neutral reserve fund for (B) The amounts by which the aggregate TION 60—SETTING FORTH THE greater accountability for Re- levels of Federal revenues should be changed CONGRESSIONAL BUDGET FOR covery Act funding. are as follows: THE UNITED STATES GOVERN- Sec. 217. Deficit-neutral reserve fund for Fiscal year 2010: –$15,800,000,000. greater accountability for Fiscal year 2011: –$159,549,000,000. MENT FOR FISCAL YEAR 2011, health care reform. Fiscal year 2012: –$235,291,000,000. REVISING THE APPROPRIATE Sec. 218. Deficit-neutral reserve fund for re- Fiscal year 2013: –$118,180,000,000. BUDGETARY LEVELS FOR FIS- ducing tax increases on low- Fiscal year 2014: –$155,358,000,000. CAL YEAR 2010, AND SETTING and middle-income Americans. Fiscal year 2015: –$111,377,000,000. FORTH THE APPROPRIATE Sec. 219. Deficit-reduction reserve fund to (2) NEW BUDGET AUTHORITY.—For purposes BUDGETARY LEVELS FOR FIS- promote corporate tax fairness. of the enforcement of this resolution, the ap- CAL YEARS 2012 THROUGH 2015 Sec. 220. Deficit-neutral reserve fund for re- propriate levels of total new budget author- ducing tax increases on low- ity are as follows: Mr. CONRAD, from the Committee and middle-income Americans Fiscal year 2010: $3,010,959,000,000. on the Budget, submitted the following and protecting retirees. Fiscal year 2011: $3,126,966,000,000. concurrent resolution; which was Sec. 221. Deficit-neutral reserve fund tax- Fiscal year 2012: $2,943,394,000,000. placed on the calendar: payer access to IRS appeals. Fiscal year 2013: $3,082,922,000,000. Sec. 222. Deficit-neutral reserve fund to Fiscal year 2014: $3,290,175,000,000. S. CON. RES. 60 make it more difficult for cor- Fiscal year 2015: $3,466,385,000,000. Resolved by the Senate (the House of Rep- porations to influence elec- (3) BUDGET OUTLAYS.—For purposes of the resentatives concurring), tions. enforcement of this resolution, the appro- SECTION 1. CONCURRENT RESOLUTION ON THE Sec. 223. Deficit-neutral reserve fund to re- priate levels of total budget outlays are as BUDGET FOR FISCAL YEAR 2011. peal deductions from mineral follows: (a) DECLARATION.—Congress declares that revenue payments to States. Fiscal year 2010: $3,010,156,000,000. this resolution is the concurrent resolution Sec. 224. Deficit-neutral reserve fund for in- Fiscal year 2011: $3,191,258,000,000. on the budget for fiscal year 2011 and that creasing transparency regard- Fiscal year 2012: $3,031,177,000,000. this resolution sets forth the appropriate ing foreign holders of United Fiscal year 2013: $3,087,252,000,000. budgetary levels for fiscal years 2010 and 2012 States debt and assessing risks Fiscal year 2014: $3,265,543,000,000. through 2015. related to the Federal debt. Fiscal year 2015: $3,427,244,000,000. (b) TABLE OF CONTENTS.—The table of con- TITLE III—BUDGET PROCESS (4) DEFICITS.—For purposes of the enforce- tents for this concurrent resolution is as fol- Subtitle A—Budget Enforcement ment of this resolution, the amounts of the lows: deficits are as follows: Sec. 1. Concurrent resolution on the budget Sec. 301. Discretionary spending limits for Fiscal year 2010: $1,499,238,000,000. for fiscal year 2011. fiscal years 2010 through 2013, Fiscal year 2011: $1,353,214,000,000. program integrity initiatives, Fiscal year 2012: $1,006,786,000,000. TITLE I—RECOMMENDED LEVELS AND and other adjustments. AMOUNTS Fiscal year 2013: $711,236,000,000. Sec. 302. Point of order against advance ap- Fiscal year 2014: $679,464,000,000. Sec. 101. Recommended levels and amounts. propriations. Fiscal year 2015: $682,312,000,000. Sec. 102. Social Security. Sec. 303. Strengthened emergency designa- (5) PUBLIC DEBT.—Pursuant to section Sec. 103. Postal Service discretionary ad- tion. 301(a)(5) of the Congressional Budget Act of ministrative expenses. Sec. 304. Adjustments for the extension of 1974, the appropriate levels of the public debt Sec. 104. Major functional categories. certain current policies. are as follows: TITLE II—RESERVE FUNDS Sec. 305. Extension of enforcement of budg- Fiscal year 2010: $13,532,565,000,000. Sec. 201. Deficit-neutral reserve fund to pro- etary points of order in the Fiscal year 2011: $14,751,676,000,000. mote employment and job Senate. Fiscal year 2012: $15,874,006,000,000. Sec. 306. Point of order establishing a 20 per- growth. Fiscal year 2013: $16,689,903,000,000. cent limit on new direct spend- Sec. 202. Deficit-neutral reserve fund to fur- Fiscal year 2014: $17,457,336,000,000. ing in reconciliation legisla- ther stabilize and improve the Fiscal year 2015: $18,244,046,000,000. tion. regulation of the financial and (6) DEBT HELD BY THE PUBLIC.—The appro- housing sectors. Subtitle B—Other Provisions priate levels of debt held by the public are as Sec. 203. Deficit-neutral reserve fund for tax Sec. 311. Oversight of Government perform- follows: relief and reform. ance. Fiscal year 2010: $9,066,812,000,000. Sec. 204. Deficit-neutral reserve fund to in- Sec. 312. Budgetary treatment of certain dis- Fiscal year 2011: $10,172,552,000,000. vest in clean energy and pre- cretionary administrative ex- Fiscal year 2012: $11,122,149,000,000. serve the environment. penses. Fiscal year 2013: $11,751,602,000,000. Sec. 205. Deficit-neutral reserve fund to as- Sec. 313. Application and effect of changes Fiscal year 2014: $12,331,071,000,000. sist working families and chil- in allocations and aggregates. Fiscal year 2015: $12,900,053,000,000. dren. Sec. 314. Adjustments to reflect changes in SEC. 102. SOCIAL SECURITY. Sec. 206. Deficit-neutral reserve fund for in- concepts and definitions. (a) SOCIAL SECURITY REVENUES.—For pur- vestments in America’s infra- Sec. 315. Truth in debt. poses of Senate enforcement under sections structure. Sec. 316. Truth in Debt Disclosures. 302 and 311 of the Congressional Budget Act Sec. 207. Deficit-neutral reserve fund for Sec. 317. Further disclosure of levels in this of 1974, the amounts of revenues of the Fed- America’s veterans, and return- resolution. eral Old-Age and Survivors Insurance Trust ing and wounded Sec. 318. Exercise of rulemaking powers. Fund and the Federal Disability Insurance servicemembers. TITLE IV—RECONCILIATION Trust Fund are as follows: Sec. 208. Deficit-neutral reserve fund for Sec. 401. Reconciliation in the Senate. Fiscal year 2010: $641,486,000,000. higher education. Fiscal year 2011: $672,571,000,000. Sec. 209. Deficit-neutral reserve fund for TITLE I—RECOMMENDED LEVELS AND Fiscal year 2012: $710,359,000,000. health care. AMOUNTS Fiscal year 2013: $754,842,000,000. Sec. 210. Deficit-neutral reserve fund for in- SEC. 101. RECOMMENDED LEVELS AND Fiscal year 2014: $798,824,000,000. vestments in our Nation’s coun- AMOUNTS. Fiscal year 2015: $838,280,000,000. ties and schools. The following budgetary levels are appro- (b) SOCIAL SECURITY OUTLAYS.—For pur- Sec. 211. Deficit-neutral reserve fund for the priate for each of fiscal years 2010 through poses of Senate enforcement under sections Federal judiciary. 2015: 302 and 311 of the Congressional Budget Act Sec. 212. Deficit-reduction reserve fund for (1) FEDERAL REVENUES.—For purposes of of 1974, the amounts of outlays of the Fed- recommendations of the Na- the enforcement of this resolution: eral Old-Age and Survivors Insurance Trust tional Commission on Fiscal (A) The recommended levels of Federal Fund and the Federal Disability Insurance Responsibility and Reform. revenues are as follows: Trust Fund are as follows: Sec. 213. Deficit-reduction reserve fund for Fiscal year 2010: $1,510,918,000,000. Fiscal year 2010: $545,302,000,000. improper payments. Fiscal year 2011: $1,838,044,000,000. Fiscal year 2011: $569,502,000,000. Sec. 214. Deficit-reduction reserve fund for Fiscal year 2012: $2,024,391,000,000. Fiscal year 2012: $599,385,000,000. terminated programs. Fiscal year 2013: $2,376,016,000,000. Fiscal year 2013: $630,333,000,000. Sec. 215. Deficit-neutral reserve fund for Fiscal year 2014: $2,586,079,000,000. Fiscal year 2014: $660,273,000,000. small business tax relief. Fiscal year 2015: $2,744,932,000,000. Fiscal year 2015: $692,319,000,000.

VerDate Mar 15 2010 13:44 May 31, 2013 Jkt 089102 PO 00000 Frm 00052 Fmt 0686 Sfmt 0634 E:\BR10\S26AP0.001 S26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 6262 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 5 April 26, 2010

(c) SOCIAL SECURITY ADMINISTRATIVE EX- (A) New budget authority, $60,823,000,000. (A) New budget authority, $22,326,000,000. PENSES.—In the Senate, the amounts of new (B) Outlays, $59,532,000,000. (B) Outlays, $21,604,000,000. budget authority and budget outlays of the Fiscal year 2014: (7) Commerce and Housing Credit (370): Federal Old-Age and Survivors Insurance (A) New budget authority, $61,546,000,000. Fiscal year 2010: Trust Fund and the Federal Disability Insur- (B) Outlays, $62,624,000,000. (A) New budget authority, –$44,238,000,000. ance Trust Fund for administrative expenses Fiscal year 2015: (B) Outlays, –$58,464,000,000. are as follows: (A) New budget authority, $62,584,000,000. Fiscal year 2011: Fiscal year 2010: (B) Outlays, $64,778,000,000. (A) New budget authority, $17,604,000,000. (A) New budget authority, $5,811,000,000. (3) General Science, Space, and Technology (B) Outlays, $33,286,000,000. (B) Outlays, $5,654,000,000. (250): Fiscal year 2012: Fiscal year 2011: Fiscal year 2010: (A) New budget authority, $15,436,000,000. (A) New budget authority, $6,266,000,000. (A) New budget authority, $31,081,000,000. (B) Outlays, $16,712,000,000. (B) Outlays, $6,172,000,000. (B) Outlays, $31,673,000,000. Fiscal year 2013: Fiscal year 2012: Fiscal year 2011: (A) New budget authority, $13,709,000,000. (A) New budget authority, $6,543,000,000. (A) New budget authority, $31,793,000,000. (B) Outlays, –$2,502,000,000. (B) Outlays, $6,472,000,000. (B) Outlays, $32,281,000,000. Fiscal year 2014: Fiscal year 2013: Fiscal year 2012: (A) New budget authority, $12,308,000,000. (A) New budget authority, $6,845,000,000. (A) New budget authority, $32,080,000,000. (B) Outlays, –$5,192,000,000. (B) Outlays, $6,784,000,000. (B) Outlays, $32,072,000,000. Fiscal year 2015: Fiscal year 2014: Fiscal year 2013: (A) New budget authority, $12,697,000,000. (A) New budget authority, $7,217,000,000. (A) New budget authority, $32,746,000,000. (B) Outlays, –$5,122,000,000. (B) Outlays, $7,144,000,000. (B) Outlays, $32,096,000,000. (8) Transportation (400): Fiscal year 2015: Fiscal year 2014: Fiscal year 2010: (A) New budget authority, $7,441,000,000. (A) New budget authority, $33,547,000,000. (A) New budget authority, $102,701,000,000. (B) Outlays, $7,384,000,000. (B) Outlays, $32,496,000,000. (B) Outlays, $96,423,000,000. SEC. 103. POSTAL SERVICE DISCRETIONARY AD- Fiscal year 2015: Fiscal year 2011: MINISTRATIVE EXPENSES. (A) New budget authority, $33,934,000,000. (A) New budget authority, $92,212,000,000. In the Senate, the amounts of new budget (B) Outlays, $32,792,000,000. (B) Outlays, $97,123,000,000. authority and budget outlays of the Postal (4) Energy (270): Fiscal year 2012: Service for discretionary administrative ex- Fiscal year 2010: (A) New budget authority, $93,296,000,000. penses are as follows: (A) New budget authority, $7,860,000,000. (B) Outlays, $95,510,000,000. Fiscal year 2010: (B) Outlays, $10,090,000,000. Fiscal year 2013: (A) New budget authority, $258,000,000. Fiscal year 2011: (A) New budget authority, $93,591,000,000. (B) Outlays, $258,000,000. (A) New budget authority, $10,801,000,000. (B) Outlays, $94,697,000,000. Fiscal year 2011: (B) Outlays, $14,715,000,000. Fiscal year 2014: (A) New budget authority, $258,000,000. Fiscal year 2012: (A) New budget authority, $94,116,000,000. (B) Outlays, $258,000,000. (A) New budget authority, $9,281,000,000. (B) Outlays, $94,928,000,000. Fiscal year 2012: (B) Outlays, $16,907,000,000. Fiscal year 2015: (A) New budget authority, $247,000,000. Fiscal year 2013: (A) New budget authority, $95,531,000,000. (B) Outlays, $248,000,000. (A) New budget authority, $6,697,000,000. (B) Outlays, $96,257,000,000. Fiscal year 2013: (B) Outlays, $12,988,000,000. (9) Community and Regional Development (A) New budget authority, $239,000,000. Fiscal year 2014: (450): (B) Outlays, $239,000,000. (A) New budget authority, $5,710,000,000. Fiscal year 2010: Fiscal year 2014: (B) Outlays, $10,506,000,000. (A) New budget authority, $23,655,000,000. (A) New budget authority, $244,000,000. Fiscal year 2015: (B) Outlays, $25,733,000,000. (B) Outlays, $244,000,000. (A) New budget authority, $5,118,000,000. Fiscal year 2011: Fiscal year 2015: (B) Outlays, $6,991,000,000. (A) New budget authority, $18,229,000,000. (A) New budget authority, $251,000,000. (5) Natural Resources and Environment (B) Outlays, $28,188,000,000. (B) Outlays, $251,000,000. (300): Fiscal year 2012: SEC. 104. MAJOR FUNCTIONAL CATEGORIES. Fiscal year 2010: (A) New budget authority, $18,132,000,000. Congress determines and declares that the (A) New budget authority, $38,666,000,000. (B) Outlays, $26,505,000,000. appropriate levels of new budget authority (B) Outlays, $43,068,000,000. Fiscal year 2013: and outlays for fiscal years 2010 through 2015 Fiscal year 2011: (A) New budget authority, $17,913,000,000. for each major functional category are: (A) New budget authority, $39,606,000,000. (B) Outlays, $23,875,000,000. (1) National Defense (050): (B) Outlays, $42,434,000,000. Fiscal year 2014: Fiscal year 2010: Fiscal year 2012: (A) New budget authority, $18,341,000,000. (A) New budget authority, $723,239,000,000. (A) New budget authority, $39,829,000,000. (B) Outlays, $21,562,000,000. (B) Outlays, $702,700,000,000. (B) Outlays, $41,412,000,000. Fiscal year 2015: Fiscal year 2011: Fiscal year 2013: (A) New budget authority, $18,779,000,000. (A) New budget authority, $738,866,000,000. (A) New budget authority, $38,086,000,000. (B) Outlays, $20,272,000,000. (B) Outlays, $739,429,000,000. (B) Outlays, $40,169,000,000. (10) Education, Training, Employment, and Fiscal year 2012: Fiscal year 2014: Social Services (500): (A) New budget authority, $647,206,000,000. (A) New budget authority, $37,947,000,000. Fiscal year 2010: (B) Outlays, $699,652,000,000. (B) Outlays, $39,467,000,000. (A) New budget authority, $74,858,000,000. Fiscal year 2013: Fiscal year 2015: (B) Outlays, $125,382,000,000. (A) New budget authority, $662,503,000,000. (A) New budget authority, $38,077,000,000. Fiscal year 2011: (B) Outlays, $674,828,000,000. (B) Outlays, $38,875,000,000. (A) New budget authority, $108,714,000,000. Fiscal year 2014: (6) Agriculture (350): (B) Outlays, $126,617,000,000. (A) New budget authority, $678,995,000,000. Fiscal year 2010: Fiscal year 2012: (B) Outlays, $672,525,000,000. (A) New budget authority, $26,679,000,000. (A) New budget authority, $89,062,000,000. Fiscal year 2015: (B) Outlays, $24,733,000,000. (B) Outlays, $107,532,000,000. (A) New budget authority, $697,856,000,000. Fiscal year 2011: Fiscal year 2013: (B) Outlays, $684,639,000,000. (A) New budget authority, $24,814,000,000. (A) New budget authority, $90,332,000,000. (2) International Affairs (150): (B) Outlays, $25,251,000,000. (B) Outlays, $91,785,000,000. Fiscal year 2010: Fiscal year 2012: Fiscal year 2014: (A) New budget authority, $68,728,000,000. (A) New budget authority, $22,103,000,000. (A) New budget authority, $96,604,000,000. (B) Outlays, $47,180,000,000. (B) Outlays, $18,622,000,000. (B) Outlays, $94,934,000,000. Fiscal year 2011: Fiscal year 2013: Fiscal year 2015: (A) New budget authority, $57,499,000,000. (A) New budget authority, $22,904,000,000. (A) New budget authority, $103,241,000,000. (B) Outlays, $51,345,000,000. (B) Outlays, $22,898,000,000. (B) Outlays, $99,977,000,000. Fiscal year 2012: Fiscal year 2014: (11) Health (550): (A) New budget authority, $60,566,000,000. (A) New budget authority, $22,977,000,000. Fiscal year 2010: (B) Outlays, $56,737,000,000. (B) Outlays, $22,195,000,000. (A) New budget authority, $376,818,000,000. Fiscal year 2013: Fiscal year 2015: (B) Outlays, $374,857,000,000.

VerDate Mar 15 2010 13:44 May 31, 2013 Jkt 089102 PO 00000 Frm 00053 Fmt 0686 Sfmt 0634 E:\BR10\S26AP0.001 S26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 26, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 5 6263 Fiscal year 2011: (B) Outlays, $129,230,000,000. Fiscal year 2010: (A) New budget authority, $363,156,000,000. Fiscal year 2014: (A) New budget authority, –$64,616,000,000. (B) Outlays, $366,382,000,000. (A) New budget authority, $133,539,000,000. (B) Outlays, –$64,616,000,000. Fiscal year 2012: (B) Outlays, $132,943,000,000. Fiscal year 2011: (A) New budget authority, $358,813,000,000. Fiscal year 2015: (A) New budget authority, –$70,974,000,000. (B) Outlays, $357,921,000,000. (A) New budget authority, $137,137,000,000. (B) Outlays, –$70,974,000,000. Fiscal year 2013: (B) Outlays, $136,489,000,000. Fiscal year 2012: (A) New budget authority, $370,831,000,000. (16) Administration of Justice (750): (A) New budget authority, –$74,508,000,000. (B) Outlays, $362,911,000,000. Fiscal year 2010: (B) Outlays, –$74,508,000,000. Fiscal year 2014: (A) New budget authority, $53,894,000,000. Fiscal year 2013: (A) New budget authority, $433,616,000,000. (B) Outlays, $55,914,000,000. (A) New budget authority, –$76,913,000,000. (B) Outlays, $423,637,000,000. Fiscal year 2011: (B) Outlays, –$76,913,000,000. Fiscal year 2015: (A) New budget authority, $55,581,000,000. Fiscal year 2014: (A) New budget authority, $489,176,000,000. (B) Outlays, $57,912,000,000. (A) New budget authority, –$77,414,000,000. (B) Outlays, $478,715,000,000. Fiscal year 2012: (B) Outlays, –$77,414,000,000. (12) Medicare (570): (A) New budget authority, $54,641,000,000. Fiscal year 2015: Fiscal year 2010: (B) Outlays, $56,697,000,000. (A) New budget authority, –$79,986,000,000. (A) New budget authority, $469,687,000,000. Fiscal year 2013: (B) Outlays, –$79,986,000,000. (B) Outlays, $469,798,000,000. (A) New budget authority, $54,677,000,000. TITLE II—RESERVE FUNDS Fiscal year 2011: (B) Outlays, $54,902,000,000. SEC. 201. DEFICIT-NEUTRAL RESERVE FUND TO (A) New budget authority, $517,747,000,000. Fiscal year 2014: PROMOTE EMPLOYMENT AND JOB (B) Outlays, $517,521,000,000. (A) New budget authority, $56,370,000,000. GROWTH. Fiscal year 2012: (B) Outlays, $54,538,000,000. (a) EMPLOYMENT AND JOB GROWTH.—The (A) New budget authority, $508,104,000,000. Fiscal year 2015: Chairman of the Committee on the Budget of (B) Outlays, $507,877,000,000. (A) New budget authority, $58,299,000,000. the Senate may revise the allocations of a Fiscal year 2013: (B) Outlays, $57,292,000,000. committee or committees, aggregates, and (A) New budget authority, $552,954,000,000. (17) General Government (800): other appropriate levels and limits in this (B) Outlays, $553,106,000,000. Fiscal year 2010: resolution for one or more bills, joint resolu- Fiscal year 2014: (A) New budget authority, $25,680,000,000. tions, amendments, motions, or conference (A) New budget authority, $593,495,000,000. (B) Outlays, $25,811,000,000. reports related to employment and job (B) Outlays, $593,312,000,000. Fiscal year 2011: growth, by the amounts provided in such leg- Fiscal year 2015: (A) New budget authority, $27,090,000,000. islation for those purposes, provided that (A) New budget authority, $597,271,000,000. (B) Outlays, $27,894,000,000. such legislation would not increase the def- (B) Outlays, $597,025,000,000. Fiscal year 2012: icit over either the period of the total of fis- (13) Income Security (600): (A) New budget authority, $27,279,000,000. cal years 2010 through 2015 or the period of Fiscal year 2010: (B) Outlays, $29,038,000,000. the total of fiscal years 2010 through 2020. (A) New budget authority, $618,514,000,000. Fiscal year 2013: (b) SMALL BUSINESS ASSISTANCE.—The (B) Outlays, $622,845,000,000. (A) New budget authority, $27,098,000,000. Chairman of the Committee on the Budget of Fiscal year 2011: (B) Outlays, $28,636,000,000. the Senate may revise the allocations of a (A) New budget authority, $555,845,000,000. Fiscal year 2014: committee or committees, aggregates, and (B) Outlays, $558,611,000,000. (A) New budget authority, $27,700,000,000. other appropriate levels in this resolution Fiscal year 2012: (B) Outlays, $28,970,000,000. for one or more bills, joint resolutions, (A) New budget authority, $486,754,000,000. Fiscal year 2015: amendments, motions, or conference reports (B) Outlays, $489,375,000,000. (A) New budget authority, $28,021,000,000. that provide assistance to small businesses, Fiscal year 2013: (B) Outlays, $28,781,000,000. including increasing the availability of cred- (A) New budget authority, $481,503,000,000. (18) Net Interest (900): it from banks or credit unions, by the (B) Outlays, $482,546,000,000. Fiscal year 2010: amounts provided in such legislation for Fiscal year 2014: (A) New budget authority, $328,887,000,000. those purposes, provided that such legisla- (A) New budget authority, $490,478,000,000. (B) Outlays, $328,887,000,000. tion would not increase the deficit over ei- (B) Outlays, $489,688,000,000. Fiscal year 2011: ther the period of the total of fiscal years Fiscal year 2015: (A) New budget authority, $359,630,000,000. 2010 through 2015 or the period of the total of (A) New budget authority, $505,301,000,000. (B) Outlays, $359,630,000,000. fiscal years 2010 through 2020. (B) Outlays, $503,905,000,000. Fiscal year 2012: (c) UNEMPLOYMENT RELIEF.—The Chairman (14) Social Security (650): (A) New budget authority, $410,764,000,000. of the Committee on the Budget of the Sen- Fiscal year 2010: (B) Outlays, $410,764,000,000. ate may revise the allocations of a com- (A) New budget authority, $22,052,000,000. Fiscal year 2013: mittee or committees, aggregates, and other (B) Outlays, $22,333,000,000. (A) New budget authority, $476,154,000,000. appropriate levels in this resolution for one Fiscal year 2011: (B) Outlays, $476,154,000,000. or more bills, joint resolutions, amendments, (A) New budget authority, $24,524,000,000. Fiscal year 2014: motions, or conference reports that reduce (B) Outlays, $24,694,000,000. (A) New budget authority, $548,649,000,000. the unemployment rate or provide assistance Fiscal year 2012: (B) Outlays, $548,649,000,000. to the unemployed, particularly in the (A) New budget authority, $27,082,000,000. Fiscal year 2015: States and localities with the highest rates (B) Outlays, $27,242,000,000. (A) New budget authority, $623,705,000,000. of unemployment, or improve the implemen- Fiscal year 2013: (B) Outlays, $623,705,000,000. tation of the unemployment compensation (A) New budget authority, $30,084,000,000. (19) Allowances (920): program, by the amounts provided in such (B) Outlays, $30,244,000,000. Fiscal year 2010: legislation for those purposes, provided that Fiscal year 2014: (A) New budget authority, $12,416,000,000. such legislation would not increase the def- (A) New budget authority, $33,288,000,000. (B) Outlays, $12,416,000,000. icit over either the period of the total of fis- (B) Outlays, $33,408,000,000. Fiscal year 2011: cal years 2010 through 2015 or the period of Fiscal year 2015: (A) New budget authority, $26,818,000,000. the total of fiscal years 2010 through 2020. (A) New budget authority, $36,381,000,000. (B) Outlays, $32,264,000,000. (d) TRADE.—The Chairman of the Com- (B) Outlays, $36,381,000,000. Fiscal year 2012: mittee on the Budget of the Senate may re- (15) Veterans Benefits and Services (700): (A) New budget authority, –$3,647,000,000. vise the allocations of a committee or com- Fiscal year 2010: (B) Outlays, –$5,608,000,000. mittees, aggregates, and other appropriate (A) New budget authority, $114,398,000,000. Fiscal year 2013: levels in this resolution for one or more bills, (B) Outlays, $113,393,000,000. (A) New budget authority, –$2,507,000,000. joint resolutions, amendments, motions, or Fiscal year 2011: (B) Outlays, –$3,930,000,000. conference reports related to trade, includ- (A) New budget authority, $127,411,000,000. Fiscal year 2014: ing Trade Adjustment Assistance programs, (B) Outlays, $126,655,000,000. (A) New budget authority, –$11,637,000,000. by the amounts provided in such legislation Fiscal year 2012: (B) Outlays, –$8,233,000,000. for those purposes, provided that such legis- (A) New budget authority, $121,121,000,000. Fiscal year 2015: lation would not increase the deficit over ei- (B) Outlays, $120,718,000,000. (A) New budget authority, –$19,063,000,000. ther the period of the total of fiscal years Fiscal year 2013: (B) Outlays, –$16,126,000,000. 2010 through 2015 or the period of the total of (A) New budget authority, $129,737,000,000. (20) Undistributed Offsetting Receipts (950): fiscal years 2010 through 2020.

VerDate Mar 15 2010 13:44 May 31, 2013 Jkt 089102 PO 00000 Frm 00054 Fmt 0686 Sfmt 0634 E:\BR10\S26AP0.002 S26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 6264 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 5 April 26, 2010

(e) MANUFACTURING.—The Chairman of the revise the allocations of a committee or (8) provide voluntary opportunities for ag- Committee on the Budget of the Senate may committees, aggregates, and other appro- riculture and forestry communities to con- revise the allocations of a committee or priate levels in this resolution for one or tribute to reducing the levels of greenhouse committees, aggregates, and other appro- more bills, joint resolutions, amendments, gases in the atmosphere; or priate levels and limits in this resolution for motions, or conference reports that would (9) help families, workers, communities, one or more bills, joint resolutions, amend- reform the Internal Revenue Code to ensure and businesses make the transition to a ments, motions, or conference reports, in- a sustainable revenue base that lead to a clean energy economy; cluding tax legislation, that revitalize and fairer and more efficient tax system and to a by the amounts provided in such legislation strengthen the United States domestic man- more competitive business environment for for those purposes, provided that such legis- ufacturing sector, by the amounts provided United States enterprises, by the amounts lation would not increase the deficit over ei- in that legislation for those purposes, pro- provided in such legislation for those pur- ther the period of the total of fiscal years vided that such legislation would not in- poses, provided that such legislation would 2010 through 2015 or the period of the total of crease the deficit over either the period of not increase the deficit over either the pe- fiscal years 2010 through 2020. the total of fiscal years 2010 through 2015 or riod of the total of fiscal years 2010 through SEC. 205. DEFICIT-NEUTRAL RESERVE FUND TO the period of the total of fiscal years 2010 2015 or the period of the total of fiscal years ASSIST WORKING FAMILIES AND through 2020. 2010 through 2020. CHILDREN. (f) DEFICIT-NEUTRAL RESERVE FUND FOR IM- SEC. 204. DEFICIT-NEUTRAL RESERVE FUND TO (a) CHILD NUTRITION AND WIC.—The Chair- PROVING FOREST AND WATERSHED HEALTH AND INVEST IN CLEAN ENERGY AND PRE- man of the Committee on the Budget of the RESILIENCY.—The Chairman of the Com- SERVE THE ENVIRONMENT. Senate may revise the allocations of a com- mittee on the Budget of the Senate may re- (a) INVESTING IN CLEAN ENERGY AND PRE- mittee or committees, aggregates, and other vise the allocations of a committee or com- SERVING THE ENVIRONMENT.—The Chairman appropriate levels and limits in this resolu- mittees, aggregates, and other appropriate of the Committee on the Budget of the Sen- tion for one or more bills, joint resolutions, levels in this resolution for one or more bills, ate may revise the allocations of a com- amendments, motions, or conference reports joint resolutions, amendments, motions, or mittee or committees, aggregates, and other that reauthorize child nutrition programs or conference reports providing for a robust appropriate levels and limits in this resolu- the Special Supplemental Nutrition Program Federal investment in programs that im- tion for one or more bills, joint resolutions, for Women, Infants, and Children (the WIC prove forest and watershed health and resil- amendments, motions, or conference reports program), by the amounts provided in such iency, including programs that reduce the that— legislation for those purposes, provided that risk of forest fires, insect or disease out- (1) reduce our Nation’s dependence on im- such legislation would not increase the def- breaks, or the spread of invasive species, ported energy; icit over either the period of the total of fis- thereby creating natural resource related (2) promote renewable energy development cal years 2010 through 2015 or the period of jobs, by the amounts provided in such legis- or produce clean energy jobs; the total of fiscal years 2010 through 2020. lation for those purposes, provided that such (3) accelerate the research, development, (b) INCOME SUPPORT AND CHILD CARE.—The legislation would not increase the deficit demonstration, and deployment of advanced Chairman of the Committee on the Budget of over either the period of the total of fiscal technologies to capture and store carbon di- the Senate may revise the allocations of a years 2010 through 2015 or the period of the oxide emissions from coal-fired power plants committee or committees, aggregates, and total of fiscal years 2010 through 2020. and other industrial emission sources and to other appropriate levels in this resolution SEC. 202. DEFICIT-NEUTRAL RESERVE FUND TO use coal in an environmentally-acceptable for one or more bills, joint resolutions, FURTHER STABILIZE AND IMPROVE THE REGULATION OF THE FINAN- manner; amendments, motions, or conference reports CIAL AND HOUSING SECTORS. (4) strengthen and retool manufacturing related to child care assistance for low-in- The Chairman of the Committee on the supply chains; come families, the Social Services Block Budget of the Senate may revise the alloca- (5) promote clean energy financing; Grant (SSBG), the Temporary Assistance for tions of a committee or committees, aggre- (6) encourage conservation and efficiency Needy Families (TANF) program, child sup- gates, and other appropriate levels in this or improve electricity transmission; port enforcement programs, or other assist- resolution for one or more bills, joint resolu- (7) make improvements to the Low-Income ance to low-income families, by the amounts tions, amendments, motions, or conference Home Energy Assistance Program; provided in such legislation for those pur- reports related to the regulation of financial (8) set aside additional funding from the poses, provided that such legislation would markets, firms, or products, or to otherwise Oil Spill Liability Trust Fund for Arctic oil not increase the deficit over either the pe- stabilize or strengthen the financial and spill research; riod of the total of fiscal years 2010 through housing sectors of our economy, by the (9) implement water settlements; 2015 or the period of the total of fiscal years amounts provided in such legislation for (10) provide additional resources for 2010 through 2020. those purposes, provided that such legisla- wildland fire management activities; or (c) HOUSING ASSISTANCE.—The Chairman of tion would not increase the deficit over ei- (11) preserve, restore, or protect the Na- the Committee on the Budget of the Senate ther the period of the total of fiscal years tion’s public lands, oceans, coastal areas, or may revise the allocations of a committee or 2010 through 2015 or the period of the total of aquatic ecosystems; committees, aggregates, and other appro- fiscal years 2010 through 2020. by the amounts provided in such legislation priate levels and limits in this resolution for SEC. 203. DEFICIT-NEUTRAL RESERVE FUND FOR for those purposes, provided that such legis- one or more bills, joint resolutions, amend- TAX RELIEF AND REFORM. lation would not increase the deficit over ei- ments, motions, or conference reports re- (a) TAX RELIEF.—The Chairman of the ther the period of the total of fiscal years lated to housing assistance, which may in- Committee on the Budget of the Senate may 2010 through 2015 or the period of the total of clude low-income rental assistance, or as- revise the allocations of a committee or fiscal years 2010 through 2020. The legislation sistance provided through the Housing Trust committees, aggregates, and other appro- may include tax provisions. Fund created under section 1131 of the Hous- priate levels in this resolution by the (b) CLIMATE CHANGE LEGISLATION.—The ing and Economic Recovery Act of 2008, by amounts provided by one or more bills, joint Chairman of the Committee on the Budget of the amounts provided in such legislation for resolutions, amendments, motions, or con- the Senate may revise the allocations of a those purposes, provided that such legisla- ference reports that provide tax relief, in- committee or committees, aggregates, and tion would not increase the deficit over ei- cluding but not limited to extensions of ex- other appropriate levels and limits in this ther the period of the total of fiscal years piring and expired tax relief or refundable resolution for one or more bills, joint resolu- 2010 through 2015 or the period of the total of tax relief, by the amounts provided in that tions, amendments, motions, or conference fiscal years 2010 through 2020. legislation for those purposes, provided that reports that would— (d) CHILD WELFARE.—The Chairman of the the provisions in such legislation other than (1) invest in clean energy technology ini- Committee on the Budget of the Senate may those providing for the extension of policies tiatives; revise the allocations of a committee or defined in section 304 (c)(2), (c)(3), or (c)(4) of (2) decrease greenhouse gas emissions; committees, aggregates, and other appro- this concurrent resolution would not in- (3) create new jobs in a clean technology priate levels in this resolution for one or crease the deficit over either the period of economy; more bills, joint resolutions, amendments, the total of fiscal years 2010 through 2015 or (4) strengthen the manufacturing competi- motions, or conference reports related to the period of the total of fiscal years 2010 tiveness of the United States; child welfare programs, which may include through 2020. Revisions made pursuant to (5) diversify the domestic clean energy sup- the Federal foster care payment system, by this subsection shall not include amounts as- ply to increase the energy security of the the amounts provided in such legislation for sociated with the extension of policies de- United States; those purposes, provided that such legisla- fined in section 304 (c)(2), (c)(3), or (c)(4) of (6) protect consumers (including policies tion would not increase the deficit over ei- this concurrent resolution. that address regional differences); ther the period of the total of fiscal years (b) TAX REFORM.—The Chairman of the (7) provide incentives for cost-savings 2010 through 2015 or the period of the total of Committee on the Budget of the Senate may achieved through energy efficiencies; fiscal years 2010 through 2020.

VerDate Mar 15 2010 13:44 May 31, 2013 Jkt 089102 PO 00000 Frm 00055 Fmt 0686 Sfmt 0634 E:\BR10\S26AP0.002 S26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 26, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 5 6265 SEC. 206. DEFICIT-NEUTRAL RESERVE FUND FOR gates, and other appropriate levels in this Senate may revise the allocations of a com- INVESTMENTS IN AMERICA’S INFRA- resolution for one or more bills, joint resolu- mittee or committees, aggregates, and other STRUCTURE. tions, amendments, motions, or conference appropriate levels and limits in this resolu- (a) INFRASTRUCTURE.—The Chairman of the reports that— tion for one or more bills, joint resolutions, Committee on the Budget of the Senate may (1) expand the number of disabled military amendments, motions, or conference reports revise the allocations of a committee or retirees who receive both disability com- that include measures to address shortages committees, aggregates, and other appro- pensation and retired pay (concurrent re- of nurses, physicians, or in other health pro- priate levels and limits in this resolution for ceipt); fessions or to encourage physicians to train one or more bills, joint resolutions, amend- (2) reduce or eliminate the offset between in primary care, by the amounts provided in ments, motions, or conference reports that Survivor Benefit Plan annuities and Vet- such legislation for those purposes, provided provide for Federal investment in America’s erans’ Dependency and Indemnity Compensa- that such legislation would not increase the infrastructure, which may include projects tion; deficit over either the period of the total of for public housing, energy, water, waste- (3) enhance or maintain the affordability fiscal years 2010 through 2015 or the period of water, transportation, freight and passenger of health care for military personnel, mili- the total of fiscal years 2010 through 2020. rail, or financing through Build America tary retirees, or veterans; Bonds, by the amounts provided in that leg- (c) THERAPY CAPS.—The Chairman of the (4) improve disability benefits or evalua- Committee on the Budget of the Senate may islation for those purposes, provided that tions for wounded or disabled military per- such legislation would not increase the def- revise the allocations of a committee or sonnel or veterans (including measures to ex- committees, aggregates, and other appro- icit over either the period of the total of fis- pedite the claims process); cal years 2010 through 2015 or the period of priate levels and limits in this resolution for (5) allow Reserve Component one or more bills, joint resolutions, amend- the total of fiscal years 2010 through 2020. servicemembers to remain on active duty for (b) SURFACE TRANSPORTATION.—The Chair- ments, motions, or conference reports that a period of time after redeploying in order to man of the Committee on the Budget of the protect access to outpatient therapy services ease the adjustment from combat to civilian Senate may revise the allocations of a com- (including physical therapy, occupational life; or mittee or committees, aggregates, and other therapy, and speech-language pathology (6) expand veterans’ benefits including for appropriate levels and limits in this resolu- services) through measures such as repealing veterans living in rural areas or for care- tion for one or more bills, joint resolutions, or increasing the current outpatient therapy givers providing assistance to veterans; amendments, motions, or conference reports caps, by the amounts provided in such legis- that provide new contract authority paid out by the amounts provided in such legislation lation for those purposes, provided that such of the Highway Trust Fund for surface trans- for those purposes, provided that such legis- legislation would not increase the deficit portation programs to the extent such new lation would not increase the deficit over ei- over either the period of the total of fiscal contract authority is offset by an increase in ther the period of the total of fiscal years years 2010 through 2015 or the period of the receipts to the Highway Trust Fund (exclud- 2010 through 2015 or the period of the total of total of fiscal years 2010 through 2020. ing transfers from the general fund of the fiscal years 2010 through 2020. (d) EXTENSION OF EXPIRING HEALTH CARE Treasury into the Highway Trust Fund not SEC. 208. DEFICIT-NEUTRAL RESERVE FUND FOR POLICIES.—The Chairman of the Committee offset by a similar increase in receipts), by HIGHER EDUCATION. on the Budget of the Senate may revise the the amounts provided in that legislation for The Chairman of the Committee on the allocations of a committee or committees, those purposes, provided further that such Budget of the Senate may revise the alloca- aggregates, and other appropriate levels and legislation would not increase the deficit tions of a committee or committees, aggre- limits in this resolution for one or more over either the period of the total of fiscal gates, and other appropriate levels and lim- bills, joint resolutions, amendments, mo- years 2010 through 2015 or the period of the its in this resolution for one or more bills, tions, or conference reports that extend ex- total of fiscal years 2010 through 2020. joint resolutions, amendments, motions, or piring Medicare, Medicaid, or other health (c) MULTIMODAL TRANSPORTATION conference reports that make higher edu- provisions, by the amounts provided in such PROJECTS.—The Chairman of the Committee cation more accessible or affordable, which legislation for those purposes, provided that on the Budget of the Senate may revise the may include legislation to expand and such legislation would not increase the def- allocations of a committee or committees, strengthen student aid, by the amounts pro- icit over either the period of the total of fis- aggregates, and other appropriate levels and vided in such legislation for those purposes, cal years 2010 through 2015 or the period of limits in this resolution for one or more provided that such legislation would not in- the total of fiscal years 2010 through 2020. crease the deficit over either the period of bills, joint resolutions, amendments, mo- (e) BENEFITS.—The Chairman of the Com- the total of fiscal years 2010 through 2015 or tions, or conference reports that authorize mittee on the Budget of the Senate may re- the period of the total of fiscal years 2010 multimodal transportation projects that in- vise the allocations of a committee or com- through 2020. The legislation may include clude performance expectations, metrics, mittees, aggregates, and other appropriate tax provisions. and a schedule for reports on results by the levels in this resolution for one or more bills, amounts provided in that legislation for SEC. 209. DEFICIT-NEUTRAL RESERVE FUND FOR joint resolutions, amendments, motions, or HEALTH CARE. those purposes, provided that such legisla- conference reports making changes to health (a) PHYSICIAN REIMBURSEMENT.—The Chair- tion would not increase the deficit over ei- or other benefits for federal workers, includ- man of the Committee on the Budget of the ther the period of the total of fiscal years ing postal retiree health coverage, by the Senate may revise the allocations of a com- 2010 through 2015 or the period of the total of amounts provided in such legislation for mittee or committees, aggregates, and other fiscal years 2010 through 2020. those purposes, provided that such legisla- appropriate levels and limits in this resolu- (d) FLOOD CONTROL PROJECTS AND INSUR- tion would not increase the deficit over ei- tion for one or more bills, joint resolutions, ANCE REFORM.—The Chairman of the Com- ther the period of the total of fiscal years amendments, motions, or conference reports mittee on the Budget of the Senate may re- 2010 through 2015 or the period of the total of that increase the reimbursement rate for vise the allocations of a committee or com- fiscal years 2010 through 2020. mittees, aggregates, and other appropriate physician services under section 1848 (d) and levels and limits in this resolution for one or (f) of the Social Security Act or that include SEC. 210. DEFICIT-NEUTRAL RESERVE FUND FOR or expand financial incentives for physicians INVESTMENTS IN OUR NATION’S more bills, joint resolutions, amendments, COUNTIES AND SCHOOLS. motions, or conference reports that provide to improve the quality and efficiency of for levee or dam modernization, mainte- items and services furnished to Medicare The Chairman of the Committee on the nance, repair, and improvement, increase the beneficiaries through the use of consensus- Budget of the Senate may revise the alloca- resources available to prevent or mitigate based quality measures, by the amounts pro- tions of a committee or committees, aggre- flooding or the damage caused by flooding, vided in such legislation for those purposes, gates, and other appropriate levels and lim- or provide for flood insurance reform and provided that the provisions in such legisla- its in this resolution for one or more bills, modernization, by the amounts provided in tion other than those providing for the ex- joint resolutions, amendments, motions, or such legislation for those purposes, provided tension of policies defined in section 304(c)(1) conference reports that make changes to or that such legislation would not increase the of this concurrent resolution would not in- provide for the reauthorization of the Secure deficit over either the period of the total of crease the deficit over either the period of Rural Schools and Community Self Deter- fiscal years 2010 through 2015 or the period of the total of fiscal years 2010 through 2015 or mination Act of 2000 (Public Law 106–393) or the total of fiscal years 2010 through 2020. the period of the total of fiscal years 2010 make changes to the Payments in Lieu of SEC. 207. DEFICIT-NEUTRAL RESERVE FUND FOR through 2020. Revisions made pursuant to Taxes Act of 1976 (Public Law 94–565), or AMERICA’S VETERANS, AND RE- this subsection shall not include amounts as- both, by the amounts provided by that legis- TURNING AND WOUNDED sociated with the extension of policies de- lation for those purposes, provided that such SERVICEMEMBERS. fined in section 304(c)(1) of this concurrent legislation would not increase the deficit The Chairman of the Committee on the resolution. over either the period of the total of fiscal Budget of the Senate may revise the alloca- (b) HEALTH CARE WORKFORCE.—The Chair- years 2010 through 2015 or the period of the tions of a committee or committees, aggre- man of the Committee on the Budget of the total of fiscal years 2010 through 2020.

VerDate Mar 15 2010 13:44 May 31, 2013 Jkt 089102 PO 00000 Frm 00056 Fmt 0686 Sfmt 0634 E:\BR10\S26AP0.002 S26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 6266 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 5 April 26, 2010 SEC. 211. DEFICIT-NEUTRAL RESERVE FUND FOR 31, United States Code, for the budget year (the ‘‘Act’’), until January 1, 2014, when the THE FEDERAL JUDICIARY. and prior 2 fiscal years. major health care reform measures included The Chairman of the Committee on the SEC. 215. DEFICIT-NEUTRAL RESERVE FUND FOR in the Act are effective, provided that such Budget of the Senate may revise the alloca- SMALL BUSINESS TAX RELIEF. legislation would not increase the deficit tions of a committee or committees, aggre- The Chairman of the Committee on the over either the period of the total of fiscal gates, and other appropriate levels and lim- Budget of the Senate may revise the alloca- years 2010 through 2015 or the period of the its in this resolution for one or more bills, tions of a committee or committees, aggre- total fiscal years 2010 through 2020. joint resolutions, amendments, motions, or gates, and other appropriate levels in this SEC. 219. DEFICIT-REDUCTION RESERVE FUND conference reports that authorize salary ad- resolution for one or more bills, joint resolu- TO PROMOTE CORPORATE TAX FAIR- justments for justices and judges of the tions, amendments, amendments between NESS. United States, or increase the number of houses, motions or conference reports that The Chairman of the Committee on the Federal judgeships, by the amounts provided would protect business pass-through income Budget of the Senate may reduce the alloca- in such legislation for those purposes, pro- from any increase in the statutory 33 percent tions of a committee or committees, aggre- vided that such legislation would not in- and 35 percent individual income tax rates gates, and other appropriate levels in this crease the deficit over either the period of promulgated in the Economic Growth and resolution for one or more bills, joint resolu- the total of fiscal years 2010 through 2015 or Tax Relief Reconciliation Act of 2001 (Public tions, amendments, motions, or conference the period of the total of fiscal years 2010 Law 107–16) and amended in the Jobs and reports that achieve savings through tax through 2020. Growth Tax Relief Reconciliation Act of 2003 policies that ensure that large, profitable SEC. 212. DEFICIT-REDUCTION RESERVE FUND (Public Law 108–27) by the amounts provided corporations paying no Federal income taxes FOR RECOMMENDATIONS OF THE in such legislation for that purpose, provided will pay their fair share and use such savings NATIONAL COMMISSION ON FISCAL that such legislation would not increase the to reduce the deficit. The Chairman may also RESPONSIBILITY AND REFORM. deficit over either the period of the total of make adjustments to the Senate’s pay-as- Upon enactment of legislation containing fiscal years 2010 through 2015 or the period of you-go ledger over 6 and 11 years to ensure recommendations in the final report of the the total fiscal years 2010 through 2020. that the deficit reduction achieved is used National Commission on Fiscal Responsi- for deficit reduction only. The adjustments SEC. 216. DEFICIT-NEUTRAL RESERVE FUND FOR bility and Reform, established by Executive authorized under this section shall be of the Order 13531 on February 18, 2010, that de- GREATER ACCOUNTABILITY FOR RE- COVERY ACT FUNDING. amount of deficit reduction achieved. creases the deficit over either the period of The Chairman of the Committee on the SEC. 220. DEFICIT-NEUTRAL RESERVE FUND FOR the total of fiscal years 2010 through 2015 or Budget of the Senate may revise the alloca- REDUCING TAX INCREASES ON LOW- the period of the total of fiscal years 2010 AND MIDDLE-INCOME AMERICANS tions of a committee or committees, aggre- through 2020, the Chairman of the Com- AND PROTECTING RETIREES. gates, and other appropriate levels and lim- mittee on the Budget of the Senate may— The Chairman of the Committee on the its in this resolution for one or more bills, (1) reduce the allocations of a committee Budget of the Senate may revise the alloca- joint resolutions, amendments, motions, or or committees; tions of a committee or committees, aggre- conference reports that would both set per- (2) revise aggregates and other appropriate gates, and other appropriate levels in this formance measurements for Federal agencies levels and limits in this resolution; and resolution for one or more bills, joint resolu- that distribute funding provided under the (3) make adjustments to the Senate’s pay- tions, amendments, amendments between American Recovery and Reinvestment Act of as-you-go ledger over 6 and 11 years; houses, motions, or conference reports that 2009 (Public Law 111–5) and toughen report- would reduce the threshold for the itemized to ensure that the deficit reduction achieved ing requirements on those who receive by that legislation is used for deficit reduc- deduction for unreimbursed medical ex- grants and contracts under the American Re- penses from 10 percent to 7.5 percent of ad- tion only, and is not available as an offset covery and Reinvestment Act of 2009, by the for subsequent legislation. justed gross income and to reinstate the amounts provided in such legislation for business deduction for expenses allocable to SEC. 213. DEFICIT-REDUCTION RESERVE FUND those purposes, provided that such legisla- FOR IMPROPER PAYMENTS. the Medicare Part D employer subsidy, pro- tion would not increase the deficit over ei- vided that such legislation would not in- The Chairman of the Committee on the ther the period of the total of fiscal years Budget of the Senate may reduce the alloca- crease the deficit over either the period of 2010 through 2015 or the period of the total of the total of fiscal years 2010 through 2015 or tions of a committee or committees, aggre- fiscal years 2010 through 2020. gates, and other appropriate levels and lim- the period of the total of fiscal years 2010 SEC. 217. DEFICIT-NEUTRAL RESERVE FUND FOR through 2020. its in this resolution for one or more bills, GREATER ACCOUNTABILITY FOR SEC. 221. DEFICIT-NEUTRAL RESERVE FUND TAX- joint resolutions, amendments, motions, or HEALTH CARE REFORM. conference reports that achieve savings by PAYER ACCESS TO IRS APPEALS. The Chairman of the Committee on the The Chairman of the Committee on the eliminating or reducing improper payments Budget of the Senate may revise the alloca- Budget of the Senate may revise the alloca- and use such savings to reduce the deficit. tions of a committee or committees, aggre- tions of a committee or committees, aggre- The Chairman may also make adjustments gates, and other appropriate levels and lim- gates, and other appropriate levels in this to the Senate’s pay-as-you-go ledger over 6 its in this resolution for one or more bills, resolution for one or more bills, joint resolu- and 11 years to ensure that the deficit reduc- joint resolutions, amendments, motions, or tions, amendments, amendments between tion achieved is used for deficit reduction conference reports that would set perform- houses, motions, or conference reports that only. The adjustments authorized under this ance metrics and milestones to measure would redeploy existing resources of the In- section shall be of the amount of deficit re- changes in the level of health care coverage ternal Revenue Service to provide at least duction achieved. and in the cost and quality of health care one full-time Internal Revenue Service ap- SEC. 214. DEFICIT-REDUCTION RESERVE FUND service delivery under the Patient Protec- peals officer and one full-time settlement FOR TERMINATED PROGRAMS. tion and Affordable Care Act (Public Law agent in every State, by the amounts pro- The Chairman of the Committee on the 111–148), and any amendments to that Act, by vided in such legislation for such purpose, Budget of the Senate shall reduce the discre- the amounts provided in such legislation for provided that such legislation would not in- tionary spending limits, budgetary aggre- those purposes, provided that such legisla- crease the deficit over either the period of gates, and allocations pursuant to section tion would not increase the deficit over ei- the total of fiscal years 2010 through 2015 or 302(a) of the Congressional Budget Act of ther the period of the total of fiscal years the period of the total of fiscal years 2010 1974, upon adoption by the Senate of an 2010 through 2015 or the period of the total of through 2020. amendment to— fiscal years 2010 through 2020. (1) a bill or a joint resolution reported by SEC. 222. DEFICIT-NEUTRAL RESERVE FUND TO SEC. 218. DEFICIT-NEUTRAL RESERVE FUND FOR MAKE IT MORE DIFFICULT FOR COR- the Committee on Appropriations of the Sen- REDUCING TAX INCREASES ON LOW- PORATIONS TO INFLUENCE ELEC- ate or passed by the House of Representa- AND MIDDLE-INCOME AMERICANS. TIONS. tives; The Chairman of the Committee on the The Chairman of the Committee on the (2) an amendment reported by the Com- Budget of the Senate may revise the alloca- Budget of the Senate may revise the alloca- mittee on Appropriations of the Senate; or tions of a committee or committees, aggre- tions of a committee or committees, aggre- (3) an amendment between the Houses re- gates, and other appropriate levels in this gates, and other appropriate levels in this ceived from the House of Representatives; resolution for one or more bills, joint resolu- resolution for one or more bills, joint resolu- that achieves savings by eliminating the tions, amendments, amendments between tions, amendments, motions, or conference funding for any discretionary program, houses, motions, or conference reports that reports that furthers campaign finance re- project, or account recommended for termi- would delay any tax increases enacted under form, including increased oversight by Fed- nation in the ‘‘Terminations, Reductions, the Health Care and Education Reconcili- eral regulators, by the amounts provided in and Savings’’ volume that accompanies the ation Act of 2010 (Public Law 111–152), in such legislation for those purposes, provided Budget of the United States Government, combination with the Patient Protection that such legislation would not increase the submitted pursuant to section 1105 of title and Affordable Care Act (Public Law 111–148) deficit over either the period of the total of

VerDate Mar 15 2010 13:44 May 31, 2013 Jkt 089102 PO 00000 Frm 00057 Fmt 0686 Sfmt 0634 E:\BR10\S26AP0.002 S26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 26, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 5 6267

fiscal years 2010 through 2015 or the period of the affirmative vote of three-fifths of the (iii) ASSET VERIFICATION IN 2011.—The addi- the total of fiscal years 2010 through 2020. Members, duly chosen and sworn. tional appropriation of $513,000,000 in 2011 SEC. 223. DEFICIT-NEUTRAL RESERVE FUND TO (B) APPEALS.—Appeals in the Senate from may also provide that a portion of that REPEAL DEDUCTIONS FROM MIN- the decisions of the Chair relating to any amount, not to exceed $10,000,000, may be ERAL REVENUE PAYMENTS TO provision of this subsection shall be limited used to complete implementation of asset STATES. to 1 hour, to be equally divided between, and verification initiatives. The Chairman of the Committee on the controlled by, the appellant and the manager (B) INTERNAL REVENUE SERVICE TAX EN- Budget of the Senate may revise the alloca- of the bill or joint resolution. An affirmative FORCEMENT.— tions of a committee or committees, aggre- vote of three-fifths of the Members of the (i) IN GENERAL.—If a bill or joint resolution gates, and other appropriate levels in this Senate, duly chosen and sworn, shall be re- is reported making appropriations in a fiscal resolution for one or more bills, joint resolu- quired to sustain an appeal of the ruling of year to the Internal Revenue Service of not tions, amendments, amendments between the Chair on a point of order raised under less than the amounts specified in clause (ii) houses, motions, or conference reports that this subsection. for tax enforcement to address the Federal would repeal the requirement to deduct cer- (b) SENATE DISCRETIONARY SPENDING LIM- tax gap (taxes owed but not paid), of which tain amounts from onshore mineral revenues ITS.—In the Senate and as used in this sec- not less than the amount further specified in payable to States under the heading ‘‘ADMIN- tion, the term ‘‘discretionary spending clause (ii) shall be available for additional or ISTRATIVE PROVISIONS’’ under the heading limit’’ means— enhanced tax enforcement, or both, to ad- ‘‘MINERALS MANAGEMENT SERVICE’’ under the (1) for fiscal year 2010, $1,226,211,000,000 in dress the Federal tax gap, then the discre- heading ‘‘DEPARTMENT OF THE INTE- new budget authority and $1,366,891,000,000 in tionary spending limits, allocation to the RIOR’’ of title I of division A under the head- outlays; Committee on Appropriations of the Senate, ing ‘‘DEPARTMENT OF THE INTERIOR, (2) for fiscal year 2011, $1,122,003,000,000 in and aggregates for that year may be adjusted ENVIRONMENT, AND RELATED AGEN- new budget authority and $1,313,271,000,000 in by the amount in budget authority and out- CIES APPROPRIATIONS ACT, 2010’’ of the outlays; lays flowing therefrom not to exceed the Interior Department and Further Continuing (3) for fiscal year 2012, $1,150,570,000,000 in amount of additional or enhanced tax en- Appropriations, Fiscal Yeal 2010 (Public Law new budget authority and $1,250,770,000,000 in forcement provided in such legislation for outlays; and 111–88; 123 Stat. 2915), by the amounts pro- that fiscal year. (4) for fiscal year 2013, $1,171,007,000,000 in vided in such legislation for that purpose, (ii) AMOUNTS SPECIFIED.—The amounts new budget authority and $1,239,573,000,000 in provided that such legislation would not in- specified are— outlays; crease the deficit over either the period of (I) for fiscal year 2011, an appropriation of the total of fiscal years 2010 through 2015 or as adjusted in conformance with the adjust- $8,235,000,000, of which not less than the period of the total of fiscal years 2010 ment procedures in subsection (c). $1,115,000,000 is available for additional or en- (c) ADJUSTMENTS IN THE SENATE.— through 2020. hanced tax enforcement; (1) IN GENERAL.—After the reporting of a SEC. 224. DEFICIT-NEUTRAL RESERVE FUND FOR (II) for fiscal year 2012, an appropriation of bill or joint resolution relating to any mat- INCREASING TRANSPARENCY RE- $8,744,000,000, of which not less than ter described in paragraph (2), or the offering GARDING FOREIGN HOLDERS OF $1,357,000,000 is available for additional or en- of an amendment or motion thereto or the UNITED STATES DEBT AND ASSESS- hanced tax enforcement; and ING RISKS RELATED TO THE FED- submission of a conference report thereon— (III) for fiscal year 2013, an appropriation ERAL DEBT. (A) the Chairman of the Committee on the of $9,259,000,000, of which not less than The Chairman of the Committee on the Budget of the Senate may adjust the discre- $1,724,000,000 is available for additional or en- Budget of the Senate may revise the alloca- tionary spending limits, budgetary aggre- tions of a committee or committees, aggre- gates, and allocations pursuant to section hanced tax enforcement. gates, and other appropriate levels in this 302(a) of the Congressional Budget Act of (C) HEALTH CARE FRAUD AND ABUSE CON- resolution for one or more bills, joint resolu- 1974, by the amount of new budget authority TROL.— tions, amendments, motions, or conference in that measure for that purpose and the (i) IN GENERAL.—If a bill or joint resolution reports that— outlays flowing therefrom; and is reported making appropriations in a fiscal (1) improve transparency and reporting of (B) following any adjustment under sub- year of up to the amounts specified in clause foreign holdings of United States debt; paragraph (A), the Committee on Appropria- (ii) to the Health Care Fraud and Abuse Con- (2) require the President to provide quar- tions of the Senate may report appropriately trol program at the Department of Health terly assessments to Congress on the na- revised suballocations pursuant to section and Human Services, then the discretionary tional security and economic risks posed by 302(b) of the Congressional Budget Act of 1974 spending limits, allocation to the Committee current levels of foreign holders of United to carry out this subsection. on Appropriations of the Senate, and aggre- States debt; (2) MATTERS DESCRIBED.—Matters referred gates for that year may be adjusted in an (3) require the President to formulate and to in paragraph (1) are as follows: amount not to exceed the amount in budget submit a plan of action to reduce the risk to (A) CONTINUING DISABILITY REVIEWS AND SSI authority and outlays flowing therefrom pro- the national security and economic stability REDETERMINATIONS.— vided for that program for that fiscal year. of the United States; and (i) IN GENERAL.—If a bill or joint resolution (ii) AMOUNTS SPECIFIED.—The amounts (4) require the Comptroller General of the is reported making appropriations in a fiscal specified are— United States to provide Congress with an year of the amounts specified in clause (ii) (I) for fiscal year 2011, an appropriation of annual assessment of the national security for continuing disability reviews and Supple- $561,000,000; and economic risks posed by the debt; mental Security Income redeterminations (II) for fiscal year 2012, an appropriation of for the Social Security Administration, and $589,000,000; and by the amounts provided in such legislation (III) for fiscal year 2013, an appropriation for those purposes, provided that such legis- provides an additional appropriation of an amount further specified in clause (ii) for of $619,000,000. lation would not increase the deficit over ei- continuing disability reviews and Supple- (D) UNEMPLOYMENT INSURANCE IMPROPER ther the period of the total of fiscal years mental Security Income redeterminations PAYMENT REVIEWS.— 2010 through 2015 or the period of the total of for the Social Security Administration, then (i) IN GENERAL.—If a bill or joint resolution fiscal years 2010 through 2020. the discretionary spending limits, allocation is reported making appropriations in a fiscal TITLE III—BUDGET PROCESS to the Committee on Appropriations of the year of the amounts specified in clause (ii) Subtitle A—Budget Enforcement Senate, and aggregates for that year may be for in-person reemployment and eligibility SEC. 301. DISCRETIONARY SPENDING LIMITS FOR adjusted by the amount in budget authority assessments and unemployment insurance FISCAL YEARS 2010 THROUGH 2013, and outlays flowing therefrom not to exceed improper payment reviews, and provides an PROGRAM INTEGRITY INITIATIVES, the additional appropriation provided in additional appropriation of up to an amount AND OTHER ADJUSTMENTS. such legislation for that purpose for that fis- further specified in clause (ii) for in-person (a) SENATE POINT OF ORDER.— cal year. reemployment and eligibility assessments (1) IN GENERAL.—Except as otherwise pro- (ii) AMOUNTS SPECIFIED.—The amounts and unemployment insurance improper pay- vided in this section, it shall not be in order specified are— ment reviews, then the discretionary spend- in the Senate to consider any bill or joint (I) for fiscal year 2011, an appropriation of ing limits, allocation to the Committee on resolution (or amendment, motion, or con- $283,000,000, and an additional appropriation Appropriations of the Senate, and aggregates ference report on that bill or joint resolu- of $513,000,000; for that year may be adjusted by an amount tion) that would cause the discretionary (II) for fiscal year 2012, an appropriation of in budget authority and outlays flowing spending limits in this section to be exceed- $294,000,000, and an additional appropriation therefrom not to exceed the additional ap- ed. of $642,000,000; and propriation provided in such legislation for (2) SUPERMAJORITY WAIVER AND APPEALS.— (III) for fiscal year 2013, an appropriation that purpose for that fiscal year. (A) WAIVER.—This subsection may be of $305,000,000, and an additional appropria- (ii) AMOUNTS SPECIFIED.—The amounts waived or suspended in the Senate only by tion of $751,000,000. specified are—

VerDate Mar 15 2010 13:44 May 31, 2013 Jkt 089102 PO 00000 Frm 00058 Fmt 0686 Sfmt 0634 E:\BR10\S26AP0.002 S26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 6268 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 5 April 26, 2010

(I) for fiscal year 2011, an appropriation of (2) for the Corporation for Public Broad- (1) IN GENERAL.—In the Senate, it shall not $10,000,000, and an additional appropriation casting; and be in order to consider any bill, joint resolu- of $55,000,000; (3) for the Department of Veterans Affairs tion, motion, amendment, or conference re- (II) for fiscal year 2012, an appropriation of for the Medical Services, Medical Support port that provides an emergency designation $11,000,000, and an additional appropriation and Compliance, and Medical Facilities ac- for one or more provisions, for the purpose of of $60,000,000; and counts of the Veterans Health Administra- section 4(g) of the Statutory Pay-As-You-Go (III) for fiscal year 2013, an appropriation tion. Act of 2010 (Public Law 111–139) or this sec- of $11,000,000, and an additional appropria- (c) SUPERMAJORITY WAIVER AND APPEAL.— tion of this resolution, unless each designa- tion of $65,000,000. (1) WAIVER.—In the Senate, subsection (a) tion is accompanied by an ‘‘Affirmation of (3) ADJUSTMENTS TO SUPPORT ONGOING may be waived or suspended only by an af- Emergency Designation’’ document. OVERSEAS DEPLOYMENTS AND OTHER ACTIVI- firmative vote of three-fifths of the Mem- (2) SIGNED AFFIRMATION.—The ‘‘Affirma- TIES.— bers, duly chosen and sworn. tion of Emergency Designation’’ document (A) ADJUSTMENTS.—The Chairman of the (2) APPEAL.—An affirmative vote of three- shall be filed with the Clerk of the Senate at Committee on the Budget of the Senate may fifths of the Members of the Senate, duly the time the matter is filed with the clerk, adjust the discretionary spending limits, al- chosen and sworn, shall be required to sus- signed by 16 Senators, affirming the emer- locations to the Committee on Appropria- tain an appeal of the ruling of the Chair on gency requirements as follows: ‘‘We, the un- tions of the Senate, and aggregates for one a point of order raised under subsection (a). dersigned Senators, in accordance with the or more— (d) FORM OF POINT OF ORDER.—A point of provisions of the Emergency Legislation (i) bills reported by the Committee on Ap- order under subsection (a) may be raised by Designation Requirement, affirm that the propriations of the Senate or passed by the a Senator as provided in section 313(e) of the matter meets the following emergency re- House of Representatives; Congressional Budget Act of 1974. quirements: (ii) joint resolutions or amendments re- (e) CONFERENCE REPORTS.—When the Sen- ‘‘(1) For purposes of this section, any pro- ported by the Committee on Appropriations ate is considering a conference report on, or vision is an emergency requirement if the of the Senate; an amendment between the Houses in rela- situation addressed by such provision is— (iii) amendments between the Houses re- tion to, a bill, upon a point of order being ‘‘(A) necessary, essential, or vital (not ceived from the House of Representatives or made by any Senator pursuant to this sec- merely useful or beneficial); Senate amendments offered by the authority tion, and such point of order being sustained, ‘‘(B) sudden, quickly coming into being, of the Committee on Appropriations of the such material contained in such conference and not building up over time; Senate; or report shall be deemed stricken, and the Sen- ‘‘(C) an urgent, pressing, and compelling (iv) conference reports; ate shall proceed to consider the question of need requiring immediate action; whether the Senate shall recede from its ‘‘(D) subject to subparagraph (B), unfore- making appropriations for overseas deploy- amendment and concur with a further seen, unpredictable, and unanticipated; and ments and other activities in the amounts amendment, or concur in the House amend- ‘‘(E) not permanent, temporary in nature. specified in subparagraph (B), provided that ment with a further amendment, as the case ‘‘(2) An emergency that is part of an aggre- the Chairman shall not make any such ad- may be, which further amendment shall con- gate level of anticipated emergencies, par- justment for a bill, joint resolution, amend- sist of only that portion of the conference re- ticularly when normally estimated in ad- ment, amendment between the Houses, or port or House amendment, as the case may vance, is not unforeseen.’’. conference report that increases the on- be, not so stricken. Any such motion in the (d) DEFINITIONS.—In this section, the terms budget deficit over the period of the budget Senate shall be debatable. In any case in ‘‘direct spending’’, ‘‘receipts’’, and ‘‘appro- year and the ensuing 9 fiscal years following which such point of order is sustained priations for discretionary accounts’’ mean the budget year. against a conference report (or Senate any provision of a bill, joint resolution, (B) AMOUNTS SPECIFIED.—The amounts amendment derived from such conference re- amendment, motion, or conference report specified are— port by operation of this subsection), no fur- that affects direct spending, receipts, or ap- (i) for fiscal year 2010, $49,953,000,000 in new ther amendment shall be in order. propriations as those terms have been de- budget authority and the outlays flowing (f) INAPPLICABILITY.—In the Senate, section fined and interpreted for purposes of the Bal- therefrom; 402 of S. Con. Res. 13 (111th Congress) shall anced Budget and Emergency Deficit Control (ii) for fiscal year 2011, $159,387,000,000 in no longer apply. Act of 1985. new budget authority and the outlays flow- SEC. 303. STRENGTHENED EMERGENCY DESIGNA- (e) EMERGENCY DESIGNATION POINT OF ing therefrom; TION. ORDER.— (iii) for fiscal year 2012, $50,000,000,000 in (a) AUTHORITY TO DESIGNATE.—In the Sen- (1) IN GENERAL.—When the Senate is con- new budget authority and the outlays flow- ate, with respect to a provision of direct sidering a bill, resolution, amendment, mo- ing therefrom; and spending or receipts legislation or appropria- tion, or conference report, if a point of order (iv) for fiscal year 2013, $50,000,000,000 in tions for discretionary accounts that Con- is made by a Senator against an emergency new budget authority and the outlays flow- gress designates as an emergency require- designation in that measure, that provision ing therefrom. ment in such measure, the amounts of new making such a designation shall be stricken SEC. 302. POINT OF ORDER AGAINST ADVANCE budget authority, outlays, and receipts in all from the measure and may not be offered as APPROPRIATIONS. fiscal years resulting from that provision an amendment from the floor. (a) IN GENERAL.— shall be treated as an emergency require- (2) SUPERMAJORITY WAIVER AND APPEALS.— (1) POINT OF ORDER.—Except as provided in ment for the purpose of this section subject (A) WAIVER.—Paragraph (1) may be waived subsection (b), it shall not be in order in the to the provisions of subsection (c). or suspended in the Senate only by an af- Senate to consider any bill, joint resolution, (b) EXEMPTION OF EMERGENCY PROVI- firmative vote of three-fifths of the Mem- motion, amendment, or conference report SIONS.—Any new budget authority, outlays, bers, duly chosen and sworn. that would provide an advance appropria- and receipts resulting from any provision (B) APPEALS.—Appeals in the Senate from tion. designated as an emergency requirement, the decisions of the Chair relating to any (2) DEFINITION.—In this section, the term pursuant to this section, in any bill, joint provision of this subsection shall be limited ‘‘advance appropriation’’ means any new resolution, amendment, or conference report to 1 hour, to be equally divided between, and budget authority provided in a bill or joint shall not count for purposes of sections 302 controlled by, the appellant and the manager resolution making appropriations for fiscal and 311 of the Congressional Budget Act of of the bill or joint resolution, as the case year 2011 that first becomes available for any 1974, section 201 of S. Con. Res. 21 (110th Con- may be. An affirmative vote of three-fifths of fiscal year after 2011, or any new budget au- gress) (relating to pay-as-you-go), section 311 the Members of the Senate, duly chosen and thority provided in a bill or joint resolution of S. Con. Res. 70 (110th Congress) (relating sworn, shall be required to sustain an appeal making general appropriations or continuing to long-term deficits), section 404 of S. Con. of the ruling of the Chair on a point of order appropriations for fiscal year 2012, that first Res. 13 (111th Congress) (relating to short- raised under this subsection. becomes available for any fiscal year after term deficits), and section 301 of this resolu- (3) DEFINITION OF AN EMERGENCY DESIGNA- 2012. tion (relating to discretionary spending). TION.—For purposes of paragraph (1), a provi- (b) EXCEPTIONS.—Advance appropriations Designated emergency provisions shall not sion shall be considered an emergency des- may be provided— count for the purpose of revising allocations, ignation if it designates any item as an (1) for fiscal years 2012 and 2013 for pro- aggregates, or other levels pursuant to pro- emergency requirement pursuant to this sub- grams, projects, activities, or accounts iden- cedures established under section 301(b)(7) of section. tified in the joint explanatory statement of the Congressional Budget Act of 1974 for def- (4) FORM OF THE POINT OF ORDER.—A point managers accompanying this resolution icit-neutral reserve funds and revising dis- of order under paragraph (1) may be raised under the heading ‘‘Accounts Identified for cretionary spending limits set pursuant to by a Senator as provided in section 313(e) of Advance Appropriations’’ in an aggregate section 301 of this resolution. the Congressional Budget Act of 1974. amount not to exceed $28,852,000,000 in new (c) EMERGENCY LEGISLATION DESIGNATION (5) CONFERENCE REPORTS.—When the Sen- budget authority in each year; REQUIREMENTS.— ate is considering a conference report on, or

VerDate Mar 15 2010 13:44 May 31, 2013 Jkt 089102 PO 00000 Frm 00059 Fmt 0686 Sfmt 0634 E:\BR10\S26AP0.002 S26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 26, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 5 6269 an amendment between the Houses in rela- sion changes direct spending or revenues rel- port on any concurrent resolution on the tion to, a bill, upon a point of order being ative to the baseline. budget shall include in its allocations under made by any Senator pursuant to this sec- (f) SUNSET.—This section shall expire on section 302(a) of the Congressional Budget tion, and such point of order being sustained, December 31, 2011. Act of 1974 to the Committees on Appropria- such material contained in such conference SEC. 305. EXTENSION OF ENFORCEMENT OF tions amounts for the discretionary adminis- report shall be deemed stricken, and the Sen- BUDGETARY POINTS OF ORDER IN trative expenses of the Social Security Ad- ate shall proceed to consider the question of THE SENATE. ministration and of the Postal Service. whether the Senate shall recede from its (a) EXTENSION.—Notwithstanding any pro- SEC. 313. APPLICATION AND EFFECT OF amendment and concur with a further vision of the Congressional Budget Act of CHANGES IN ALLOCATIONS AND AG- amendment, or concur in the House amend- 1974, subsections (c)(2) and (d)(3) of section GREGATES. ment with a further amendment, as the case 904 of the Congressional Budget Act of 1974 (a) APPLICATION.—Any adjustments of allo- may be, which further amendment shall con- shall remain in effect for purposes of Senate cations and aggregates made pursuant to sist of only that portion of the conference re- enforcement through September 30, 2020. this resolution shall— port or House amendment, as the case may (b) REPEAL.—Section 205 of S. Con. Res. 21 (1) apply while that measure is under con- be, not so stricken. Any such motion in the (110th Congress), the concurrent resolution sideration; Senate shall be debatable. In any case in on the budget for fiscal year 2008, and section (2) take effect upon the enactment of that which such point of order is sustained 403 of H. Con. Res. 95 (109th Congress), the measure; and against a conference report (or Senate concurrent resolution on the budget for fis- (3) be published in the Congressional amendment derived from such conference re- cal year 2006, are repealed. Record as soon as practicable. (b) EFFECT OF CHANGED ALLOCATIONS AND port by operation of this subsection), no fur- SEC. 306. POINT OF ORDER ESTABLISHING A 20 ther amendment shall be in order. PERCENT LIMIT ON NEW DIRECT AGGREGATES.—Revised allocations and ag- gregates resulting from these adjustments (f) INAPPLICABILITY.—In the Senate, section SPENDING IN RECONCILIATION LEG- 403 of S. Con. Res. 13 (111th Congress), the ISLATION. shall be considered for the purposes of the concurrent resolution on the budget for fis- (a) IN GENERAL.—In the Senate, it shall not Congressional Budget Act of 1974 as alloca- tions and aggregates contained in this reso- cal year 2010, shall no longer apply. be in order to consider any reconciliation bill, joint resolution, motion, amendment, or lution. SEC. 304. ADJUSTMENTS FOR THE EXTENSION OF (c) BUDGET COMMITTEE DETERMINATIONS.— CERTAIN CURRENT POLICIES. any conference report on, or an amendment between the Houses in relation to, a rec- For purposes of this resolution the levels of (a) ADJUSTMENT.—For the purposes of de- new budget authority, outlays, direct spend- termining the points of order specified in onciliation bill pursuant to section 310 of the Congressional Budget Act of 1974, that pro- ing, new entitlement authority, revenues, subsection (b), the Chairman of the Com- deficits, and surpluses for a fiscal year or pe- mittee on the Budget of the Senate may ad- duces an increase in outlays, if— (1) the effect of all the provisions in the ju- riod of fiscal years shall be determined on just the estimate of the budgetary effects of the basis of estimates made by the Com- a bill, joint resolution, amendment, motion, risdiction of any committee is to create gross new direct spending that exceeds 20 mittee on the Budget of the Senate. or conference report that contains one or SEC. 314. ADJUSTMENTS TO REFLECT CHANGES more provisions meeting the criteria of sub- percent of the total savings instruction to the committee; or IN CONCEPTS AND DEFINITIONS. section (c) to exclude the amounts of quali- Upon the enactment of a bill or joint reso- fying budgetary effects. (2) the effect of the adoption of an amend- ment would result in gross new direct spend- lution providing for a change in concepts or (b) COVERED POINTS OF ORDER.—The Chair- definitions, the Chairman of the Committee man of the Committee on the Budget of the ing that exceeds 20 percent of the total sav- ings instruction to the committee. on the Budget of the Senate may make ad- Senate may make adjustments pursuant to justments to the levels and allocations in (b) FORM OF POINT OF ORDER.— this section for the following points of order this resolution in accordance with section only: (1) IN GENERAL.—A point of order under subsection (a) may be raised by a Senator as 251(b) of the Balanced Budget and Emergency (1) Section 201 of S. Con. Res. 21 (110th Con- Deficit Control Act of 1985 (as in effect prior gress) (relating to pay-as-you-go). provided in section 313(e) of the Congres- sional Budget Act of 1974. to September 30, 2002). (2) Section 311 of S. Con. Res. 70 (110th Con- SEC. 315. TRUTH IN DEBT. gress) (relating to long-term deficits). (2) WAIVER AND APPEAL.—Subsection (a) may be waived or suspended only by an af- (a) IN GENERAL.—It shall not be in order to (3) Section 404 of S. Con. Res. 13 (111th Con- consider a budget resolution in the Senate gress) (relating to short-term deficits). firmative vote of three-fifths of the Mem- bers, duly chosen and sworn. An affirmative unless it contains a ‘‘Truth in Debt Disclo- (c) QUALIFYING LEGISLATION.—The Chair- vote of three-fifths of the Members of the sure’’ section with all, and only, the fol- man of the Committee on the Budget of the lowing disclosures regarding debt for that Senate may make adjustments authorized Senate, duly chosen and sworn, shall be re- quired to sustain an appeal of the ruling of resolution: under subsection (a) for legislation con- ‘‘SEC. ll. TRUTH IN DEBT DISCLOSURE. taining provisions that— the Chair on a point of order raised under subsection (a). ‘‘(a) GROSS DEBT.—The levels assumed in (1) amend or supersede the system for up- this budget resolution allow the gross Fed- dating payments made under subsections (3) CONFERENCE REPORT.—If a point of order is sustained under subsection (a) against a eral debt of the Nation to rise/fall by $ll 1848 (d) and (f) of the Social Security Act, from the current year, fiscal year 20ll, to consistent with section 7(c) of the Statutory conference report in the Senate, the report shall be disposed of as provided in section the fifth year of the budget window, fiscal Pay-As-You-Go Act of 2010 (Public Law 111– year 20ll. 139); 313(d) of the Congressional Budget Act of 1974. ‘‘(b) PER CITIZEN.—The levels assumed in (2) amend the Estate and Gift Tax under this budget resolution allow the gross Fed- subtitle B of the Internal Revenue Code of Subtitle B—Other Provisions eral debt of the Nation to rise/fall by $ll on 1986, consistent with section 7(d) of the Stat- SEC. 311. OVERSIGHT OF GOVERNMENT PER- every citizen of the United States from the utory Pay-As-You-Go Act of 2010; FORMANCE. current year, fiscal year 20ll, to the fifth (3) extend relief from the Alternative Min- In the Senate, committees are requested to year of the budget window, fiscal year 20ll. imum Tax for individuals under sections 55– review programs and tax expenditures in ‘‘(c) FIVE-YEAR PERIOD.—The levels as- 59 of the Internal Revenue Code of 1986, con- their jurisdiction, and provide in the views sumed in this budget resolution project that sistent with section 7(e) of the Statutory and estimates reports required under section $ll of the Social Security surplus will be Pay-As-You-Go Act of 2010; or 301(d) of the Congressional Budget Act of 1974 spent over the 5-year budget window, fiscal (4) extend middle-class tax cuts made in recommendations to improve governmental years 20ll through 20ll, on things other the Economic Growth and Tax Relief Rec- performance and to reduce waste, fraud, than Social Security.’’. onciliation Act of 2001 (Public Law 107–16) abuse, or program duplication. In their views (b) ADDITIONAL MATTER.—If any portion of and the Jobs and Growth Tax Relief and Rec- and estimates letters, committees should ad- the Social Security surplus is projected to be onciliation Act of 2003 (Public Law 108–27), dress matters for congressional consider- spent in any year or the gross Federal debt consistent with section 7(f) of the Statutory ation identified in the Government Account- in the fifth year of the budget window is Pay-As-You-Go Act of 2010. ability Office’s High Risk list reports. greater than the gross debt projected for the (d) LIMITATION.—The Chairman shall make SEC. 312. BUDGETARY TREATMENT OF CERTAIN current year (as described in section 101(5) of any adjustments pursuant to this section in DISCRETIONARY ADMINISTRATIVE the resolution) then the report, print, or a manner consistent with the limitations de- EXPENSES. statement of managers accompanying the scribed in sections 4(c) and 7(h) of the Statu- In the Senate, notwithstanding section budget resolution shall contain a section tory Pay-As-You-Go Act of 2010 (Public Law 302(a)(1) of the Congressional Budget Act of that— 111–139). 1974, section 13301 of the Budget Enforcement (1) details the circumstances making it in (e) DEFINITION.—For the purposes of this Act of 1990, and section 2009a of title 39, the national interest to allow gross Federal section, the terms ‘‘budgetary effects’’ or United States Code, the joint explanatory debt to increase rather than taking steps to ‘‘effects’’ mean the amount by which a provi- statement accompanying the conference re- reduce the debt; and

VerDate Mar 15 2010 13:44 May 31, 2013 Jkt 089102 PO 00000 Frm 00060 Fmt 0686 Sfmt 0634 E:\BR10\S26AP0.002 S26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 6270 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 5 April 26, 2010 (2) provides a justification for allowing the the Senate a reconciliation bill or resolution purposes; and S. 439, A bill to provide surpluses in the Social Security trust fund not later than December 10, 2010, that con- for and promote the economic develop- to be spent on other functions of government sists of changes in laws, bills, or resolutions ment of Indian tribes by furnishing the even as the baby boom generation retires, within its jurisdiction to increase the statu- necessary capital, financial services, program costs are projected to rise dramati- tory debt limit by an amount no more than cally, the debt owed to Social Security is $50,000,000,000. and technical assistance to Indian- about to come due, and the trust fund is pro- owned business enterprises, to stimu- f jected to go insolvent. late the development of the private (c) DEFINITION.—In this section, the term AMENDMENTS SUBMITTED AND sector of Indian tribal economies, and ‘‘gross Federal debt’’ means the nominal lev- PROPOSED for other purposes. els of (or changes in the levels of) gross Fed- Those wishing additional information eral debt (debt subject to limit as set out in SA 3730. Mr. FEINGOLD submitted an amendment intended to be proposed by him may contact the Indian Affairs Com- section 101(5) of the resolution) measured at mittee at 202–224–2251. the end of each fiscal year during the period to the bill S. 3217, to promote the financial of the budget, not debt as a percentage of stability of the United States by improving f GDP, and not levels relative to baseline pro- accountability and transparency in the fi- PRIVILEGES OF THE FLOOR jections. nancial system, to end ‘‘too big to fail’’, to (d) PREVIOUS RESOLUTIONS.—It shall not be protect the American taxpayer by ending Mr. DODD. Mr. President, I ask unan- in order to consider a budget resolution in bailouts, to protect consumers from abusive imous consent the following members the Senate unless it includes a table that financial services practices, and for other of my staff be granted the privilege of contains, for each of the previous 12 fiscal purposes; which was ordered to lie on the the floor for the duration of the consid- years, the following information based on table. eration of S. 3217, the Restoring Amer- the budget resolution for each such fiscal f ican Financial Stability Act of 2010: year: Matt Green, Mark Jickling, Deborah (1) The amount by which the levels as- TEXT OF AMENDMENTS Katz, Minhaj Chowdhury, William sumed in the budget resolution allow the SA 3730. Mr. FEINGOLD submitted Federal debt of the Nation to rise or fall. Fields, and Erika Lee. (2) The amount by which the levels as- an amendment intended to be proposed The ACTING PRESIDENT pro tem- sumed in the budget resolution allow the by him to the bill S. 3217, to promote pore. Without objection, it is so or- debt of the Federal debt of the Nation to rise the financial stability of the United dered. or fall on a per capita basis (including only States by improving accountability Mr. WARNER. Mr. President, I ask citizens of the United States). and transparency in the financial sys- unanimous consent that Bau Nyugen, a (3) The amount of the Social Security sur- tem, to end ‘‘too big to fail,’’ to protect fellow in my office, be granted the plus projected to be spent over 5 years by the the American taxpayer by ending bail- privilege of the floor during consider- levels in the budget resolution. outs, to protect consumers from abu- ation of S. 3217, the Restoring Amer- SEC. 316. TRUTH IN DEBT DISCLOSURES. sive financial services practices, and ican Financial Stability Act of 2010. (a) GROSS DEBT.—The levels assumed in for other purposes; which was ordered this budget resolution allow the gross Fed- The PRESIDING OFFICER. Without eral debt of the Nation to rise by to lie on the table; as follows: objection, it is so ordered. $4,710,000,000,000 from the current year, fiscal At the appropriate place, insert the fol- f year 2010, to the fifth year of the budget win- lowing: dow, fiscal year 2015. SEC. lll. ELIMINATION OF AUTOMATIC PAY EXPRESSING CONDOLENCES RE- (b) PER CITIZEN.—The levels assumed in ADJUSTMENTS FOR MEMBERS OF GARDING THE TRAGEDY IN this budget resolution allow the gross Fed- CONGRESS. ANACORTES, WASHINGTON eral debt of the Nation to rise by $15,250 on (a) IN GENERAL.—Paragraph (2) of section Mr. DODD. Mr. President, I ask unan- 601(a) of the Legislative Reorganization Act every citizen of the United States from the imous consent that the Senate proceed current year, fiscal year 2010, to the fifth of 1946 (2 U.S.C. 31) is repealed. year of the budget window, fiscal year 2015. (b) TECHNICAL AND CONFORMING AMEND- to the immediate consideration of S. Res. 500, which was submitted earlier SEC. 317. FURTHER DISCLOSURE OF LEVELS IN MENTS.—Section 601(a)(1) of such Act is THIS RESOLUTION. amended— today. The levels assumed in this budget resolu- (1) by striking ‘‘(a)(1)’’ and inserting ‘‘(a)’’; The PRESIDING OFFICER. Without tion— (2) by redesignating subparagraphs (A), (B), objection, it is so ordered. (1) cut spending as a percent of GDP by 11 and (C) as paragraphs (1), (2), and (3), respec- The clerk will report. percent; tively; and The legislative clerk read as follows: (3) by striking ‘‘as adjusted by paragraph (2) cut the deficit as percent of GDP by 70 A resolution (S. Res. 500) expressing the (2) of this subsection’’ and inserting ‘‘ad- percent; and sincere condolences of the Senate to the justed as provided by law’’. (3) cut taxes by $780,000,000,000. family, loved ones, United Steelworkers, fel- (c) EFFECTIVE DATE.—This section shall SEC. 318. EXERCISE OF RULEMAKING POWERS. low workers, and the Anacortes community take effect on December 31, 2010. Congress adopts the provisions of this on the tragedy at the Tesoro Refinery in title— f Anacortes, Washington. (1) as an exercise of the rulemaking power NOTICE OF HEARING There being no objection, the Senate of the Senate, and as such they shall be con- proceeded to consider the resolution. sidered as part of the rules of the Senate and COMMITTEE ON INDIAN AFFAIRS Mr. DODD. Mr. President, I ask unan- such rules shall supersede other rules only to Mr. DORGAN. Mr. President, I would the extent that they are inconsistent with imous consent that the resolution be such other rules; and like to announce that the Committee agreed to, the preamble be agreed to, (2) with full recognition of the constitu- on Indian Affairs will meet on Thurs- the motions to reconsider be laid upon tional right of the Senate to change those day, April 29, 2010 at 2:15 p.m. in Room the table, with no intervening action rules at any time, in the same manner, and 628 of the Dirksen Senate Office Build- or debate, and that any statements re- to the same extent as is the case of any other ing to conduct a legislative hearing on lated to the resolution be printed in rule of the Senate. the following bills: the RECORD. TITLE IV—RECONCILIATION S. 2802, A bill to settle land claims The PRESIDING OFFICER. Without SEC. 401. RECONCILIATION IN THE SENATE. within the Fort Hall Reservation; S. objection, it is so ordered. (a) DEFICIT REDUCTION INSTRUCTION.—The 1264, A bill to require the Secretary of The resolution (S. Res. 500) was Committee on Finance shall report to the the Interior to assess the irrigation in- agreed to. Senate a reconciliation bill or resolution not frastructure of the Pine River Indian The preamble was agreed to. later than September 23, 2010, that consists Irrigation Project in the State of Colo- The resolution, with its preamble, of changes in laws, bills, or resolutions with- rado and provide grants to, and enter reads as follows: in its jurisdiction to reduce the deficit by $2,000,000,000 for the period of fiscal years into cooperative agreements with, the S. RES. 500 2010 through 2015. Southern Ute Indian Tribe to assess, Whereas the State of Washington, the (b) STATUTORY DEBT LIMIT INSTRUCTION.— repair, rehabilitate, or reconstruct ex- Tesoro Corporation, and the United Steel- The Committee on Finance shall report to isting infrastructure, and for other workers experienced a tragedy on April 2,

VerDate Mar 15 2010 13:44 May 31, 2013 Jkt 089102 PO 00000 Frm 00061 Fmt 0686 Sfmt 0634 E:\BR10\S26AP0.002 S26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 26, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 5 6271 2010, when a fire occurred at the Tesoro re- NOMINATIONS JAMES B. MACDONALD DON T. SCHOB finery in Anacortes, Washington; JILL D. SIMONSON Whereas 7 workers died as a result of the Executive nominations received by the Senate: THE FOLLOWING NAMED INDIVIDUALS FOR REGULAR tragedy: Daniel J. Aldridge, Matthew C. APPOINTMENT TO THE GRADES INDICATED IN THE Bowen, Donna Van Dreumel, Matt Gumbel, DEPARTMENT OF AGRICULTURE UNITED STATES ARMY MEDICAL CORPS UNDER TITLE 10, U.S.C., SECTIONS 531 AND 3064: Darrin J. Hoines, Lew Janz, and Kathryn CATHERINE E. WOTEKI, OF THE DISTRICT OF COLUM- Powell; BIA, TO BE UNDER SECRETARY OF AGRICULTURE FOR To be lieutenant colonel Whereas Federal and State government RESEARCH, EDUCATION, AND ECONOMICS, VICE RAJIV J. SHAH, RESIGNED. DARRELL W. CARPENTER agencies, including the Chemical Safety and MARK E. DEMICHIEI Hazard Investigation Board, the Environ- DELTA REGIONAL AUTHORITY KENNETH M. LECLERC PETER J. MCDONNELL CHRISTOPHER A. MASINGILL, OF ARKANSAS, TO BE mental Protection Agency, and the Wash- NANCY Q. PETERSMYER FEDERAL COCHAIRPERSON, DELTA REGIONAL AUTHOR- ington State Department of Labor and In- MATTHEW D. PUTNAM ITY, VICE P. H. JOHNSON, RESIGNED. dustries, are investigating the tragedy and JAMES G. VRETIS NATIONAL MUSEUM AND LIBRARY SERVICES reviewing current safety procedures and To be major processes to prevent future tragedies from BOARD LAURENCE DAVIDSON occurring; and MARY MINOW, OF CALIFORNIA, TO BE A MEMBER OF MANUEL FACHADO THE NATIONAL MUSEUM AND LIBRARY SERVICES BOARD THOMAS R. LOVAS Whereas, to support the victims and the FOR A TERM EXPIRING DECEMBER 6, 2014, VICE KIM families involved in the tragedy, the United JAMES M. MOK WANG, TERM EXPIRED. MIST L. WRAY Steelworkers Local 12-591 has established the IN THE AIR FORCE Tesoro Incident Family Fund and the Tesoro THE FOLLOWING NAMED OFFICERS FOR REGULAR AP- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT POINTMENT IN THE GRADES INDICATED IN THE UNITED Corporation and the Skagit Community TO THE GRADE INDICATED IN THE UNITED STATES AIR STATES ARMY UNDER TITLE 10, U.S.C., SECTION 531: Foundation have partnered to establish the FORCE UNDER TITLE 10, U.S.C., SECTION 624: To be lieutenant colonel Tesoro Anacortes Refinery Survivors Fund: To be colonel Now, therefore, be it JENIFER L. BREAUX GERARD G. COUVILLION JAMES W. CARLSON Resolved, That the Senate— JOHN C. CURWEN (1) expresses the sincere condolences of the THE FOLLOWING NAMED OFFICER FOR APPOINTMENT KELVIN A. DAVIS Senate to the family, loved ones, United TO THE GRADE INDICATED IN THE UNITED STATES AIR ORLANDO DELGADOMALDONADO FORCE UNDER TITLE 10, U.S.C., SECTION 624: JOHN J. HARDING Steelworkers, fellow workers, and the To be major JOHN G. HODSON Anacortes community on the tragedy at the TODD A. MCCOWN Tesoro refinery in Anacortes, Washington; ERIC W. ADCOCK PRISCELLA M. MCIVER MICHAEL W. MOONEY and THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MYRNA K. MYERS (2) honors Daniel J. Aldridge, Matthew C. TO THE GRADE INDICATED IN THE UNITED STATES AIR KARL J. PETKOVICH Bowen, Donna Van Dreumel, Matt Gumbel, FORCE UNDER TITLE 10, U.S.C., SECTION 624: JAMES W. RENNA To be major ROBERT J. SCHMIDT Darrin J. Hoines, Lew Janz, and Kathryn LUIS D. SOLANO Powell. DREW C. JOHNSON KEVIN S. SNYDER JOSHUA LEWIS JONES THOMAS D. SONNEN CATHERINE M. H. KIM PATRICK K. SWAFFORD f CATHARINE A. K. KOLLARS MICHAEL W. TAYLOR LISA RENEE LYNCH EMILY I. THOMAS JUSTIN P. OLSEN GEORGE W. WARD ORDERS FOR TUESDAY, APRIL 27, AVA M. WINFORD IN THE ARMY 2010 MARC S. WILSON THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be major Mr. DODD. Mr. President, I ask unan- TO THE GRADE INDICATED IN THE UNITED STATES ARMY imous consent that when the Senate UNDER TITLE 10, U.S.C., SECTION 624: JIMMY L. ANDERSON To be colonel EDWARD W. BAYOUTH completes its business today, it ad- RONALD E. BEAUCAIRE RALPH L. KAUZLARICH SEAN M. COONEY journ until 10 a.m., Tuesday, April 27; NICHOLAS J. DICKSON that following the prayer and the THE FOLLOWING NAMED INDIVIDUAL FOR REGULAR STEVEN D. GUNTER APPOINTMENT TO THE GRADE INDICATED IN THE NICOLE B. HAYES pledge, the Journal of proceedings be UNITED STATES ARMY MEDICAL SPECIALIST CORPS FREDERICK A. HOCKETT approved to date, the morning hour be UNDER TITLE 10, U.S.C., SECTIONS 531 AND 3064: CHARLES E. HORNICK To be major CHARLES D. HOOD deemed to have expired, and the time WILLIAM R. HOWARD for the two leaders be reserved for their DOUGLAS B. GUARD BRANDON J. JOHNSON PAUL W. JOHNSON use later in the day; that there be a pe- THE FOLLOWING NAMED INDIVIDUAL FOR REGULAR BRIAN E. KRAMER riod of morning business for 1 hour, APPOINTMENT TO THE GRADE INDICATED IN THE STEVEN J. LACY UNITED STATES ARMY VETERINARY CORPS UNDER LASHUNE D. LESLIE with Senators permitted to speak TITLE 10, U.S.C., SECTION 531 AND 3064: CHARLES C. LUKE therein for up to 10 minutes each, with To be major MARK R. MCCULLOUGH the time equally divided and controlled DWAYNE S. MILBURN CHERYL MAGUIRE LYNN A. NELSON between the two leaders or their des- STEVEN P. NELSON THE FOLLOWING NAMED INDIVIDUAL FOR REGULAR CESAR H. PENARIVERA ignees, with the majority controlling APPOINTMENT TO THE GRADE INDICATED IN THE PETER J. RASMUSSEN the first half and the Republicans con- UNITED STATES ARMY NURSE CORPS UNDER TITLE 10, RODERICK E. RILEY trolling the final half; that following U.S.C., SECTIONS 531 AND 3064: DAVID J. SELL To be major APRIL D. SKOU morning business, the Senate resume MERVIN L. STURDIVANT SHIRLEY M. OCHOA-DOBIES KERT L. SWITZER consideration of the motion to proceed SCOTT A. TURNER to S. 3217, the Wall Street reform legis- THE FOLLOWING NAMED INDIVIDUALS FOR APPOINT- JOSEPH E. VOKETITIS MENT TO THE GRADE INDICATED IN THE RESERVE OF JOHN M. WILLIAMS lation. Finally, I ask that the Senate THE ARMY UNDER TITLE 10, U.S.C., SECTION 12203: MATTHEW N. WILLIAMS recess from 12:30 until 2:15 p.m. to To be colonel LEON M. WILSON allow for the weekly caucus luncheons. DAVID W. TERHUNE IN THE NAVY The PRESIDING OFFICER. Without PAUL E. WRIGHT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT objection, it is so ordered. THE FOLLOWING NAMED INDIVIDUALS FOR REGULAR IN THE GRADE INDICATED IN THE UNITED STATES NAVY APPOINTMENT TO THE GRADE INDICATED IN THE RESERVE UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 716: UNITED STATES ARMY DENTAL CORPS UNDER TITLE 10, To be captain f U.S.C., SECTIONS 531 AND 3064: To be major GREGORY J. MURREY ADJOURNMENT UNTIL 10 A.M. THE FOLLOWING NAMED INDIVIDUAL FOR APPOINT- JUAN G. LOPEZ MENT TO THE GRADE INDICATED IN THE UNITED STATES TOMORROW LOUISE M. SKARULIS NAVY RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: ROBERT G. SWARTS Mr. DODD. Mr. President, if there is THE FOLLOWING NAMED INDIVIDUALS FOR REGULAR To be captain no further business to come before the APPOINTMENT TO THE GRADE INDICATED IN THE PATRICK V. BAILEY Senate, I ask unanimous consent that UNITED STATES ARMY MEDICAL SERVICE CORPS UNDER TITLE 10, U.S.C., SECTIONS 531 AND 3064: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT it adjourn under the previous order. TO THE GRADE INDICATED IN THE UNITED STATES NAVY There being no objection, the Senate, To be major RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: at 9:04 p.m., adjourned until Tuesday, CHRISTOPHER T. BLAIS To be captain MARK A. CLARK April 27, 2010, at 10 a.m. ELIZABETH R. GUM LYNN A. OSCHMANN

VerDate Mar 15 2010 13:44 May 31, 2013 Jkt 089102 PO 00000 Frm 00062 Fmt 0686 Sfmt 9801 E:\BR10\S26AP0.002 S26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 6272 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 5 April 26, 2010

THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JAMES M. BUTLER THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES NAVY DONALD T. MAIXNER TO THE GRADE INDICATED IN THE UNITED STATES NAVY RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: ANDREW D. MCDONALD UNDER TITLE 10, U.S.C., SECTION 624: To be captain THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT To be lieutenant commander TO THE GRADE INDICATED IN THE UNITED STATES NAVY DIANE C. BOETTCHER RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: TODD J. OSWALD THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT To be captain THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES NAVY TO THE GRADE INDICATED IN THE UNITED STATES NAVY RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: STEVEN T. BELDY UNDER TITLE 10, U.S.C., SECTION 624: To be captain DONALD S. BROWN WAYNE R. BROWN To be lieutenant commander STEPHEN J. LEPP SCOTT D. DAVIES MARIA D. JULIA—MONTANEZ JOHN P. LEWIS MICHAEL DEWITT JAMI MASON SEAN P. FAGAN IN THE ARMY MELANIE F. OBRIEN DAVID W. GUNDERSON STEPHEN F. HALL THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JOHN H. HILL III TO THE GRADE INDICATED IN THE UNITED STATES ARMY TO THE GRADE INDICATED IN THE UNITED STATES NAVY GEORGE HONEYCUTT UNDER TITLE 10, U.S.C., SECTION 624: RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: JERRY P. HUPP To be major To be captain ROBERT S. LAEDLEIN RUSSELL LARRATT TYLER M. ABERCROMBIE CAROLINE M. GAGHAN SCOTT C. MCMAHON GREGORY A. ADAMS II JAMES D. NORDHILL WILLIAM J. ADAMS, JR. THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT WILLIAM C. OLDHAM PEDRO O. AGAPAY III TO THE GRADE INDICATED IN THE UNITED STATES NAVY RONALD G. OSWALD RYAN C. AGEE RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: DAN A. STARLING JUSTIN T. AGOSTINE To be captain SCOTT J. AKERLEY THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT CALVIN R. ALLEN DAVID W. HOWARD TO THE GRADE INDICATED IN THE UNITED STATES NAVY JERRID K. ALLEN PHAN PHAN RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: WILBERT A. ALVARADO STEPHEN D. SEAMAN To be captain JONAS ANAZAGASTY CHARLES P. SERAFINI MERLIN F. ANDERSON CARL R. TORRES JAMES D. BEARDSLEY THOMAS N. ANDERSON DAVID A. BENNETT ERIK A. ANDREASEN THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT KENNETH R. BLACKMON RENATO E. ANGELES TO THE GRADE INDICATED IN THE UNITED STATES NAVY JEFFREY F. BROKOB BRIAN M. ANTHONY RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: TIMOTHY S. BUFFINGTON ERIK S. ARCHER To be captain EUGENE A. BURCHER JOHN D. ARMSTRONG SCOTTY D. BURLESON KEVIN P. ARNETT KEVIN A. ASKIN JEFFREY M. CARSWELL EDWARD L. ARNTSON CRAIG S. FEHRLE LOUIS M. CASABIANCA SANTOS H. ARROYOCLAUDIO THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ROBERT T. CLARK ERIC E. ARTEMIS TO THE GRADE INDICATED IN THE UNITED STATES NAVY ROBERT W. CORRIGAN DANIEL S. ARTINO RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: PAUL M. COSTELLO RANDALL L. ASHBY MARK R. DESAI AARON D. ASHLEY To be captain DWIGHT D. DICK SHEA A. ASIS PHILIP R. DUPREE KENNETH M. ATTAWAY II JOHN B. HOLT RICHARD H. DWIGHT BOWE T. AVERILL JAMES M. POSTON MURRAY G. FINK JERRAD R. AVERY CHRISTOPHER R. STEARNS STEPHEN A. FLEET SONNY B. AVICHAL THE FOLLOWING NAMED OFFICER FOR APPOINTMENT RICHARD A. FOLEY CATHERINE M. BABBITT TO THE GRADE INDICATED IN THE UNITED STATES NAVY THOMAS A. FORREST MARCUS T. BAILEY RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: ROBERT B. FRYER HAILEYESUS BAIRU RANDY A. GALLAGHER DOUGLAS F. BAKER, JR. To be captain PHILIP D. GREEN JONATHAN D. BAKER GREGORY J. GRIFFIN JAMES D. BALLARD JEFFREY S. TANDY MICHAEL C. HANNAY MICHAEL K. BARNETT THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT SCOTT A. HARTMAN CHARLES K. BARR TO THE GRADE INDICATED IN THE UNITED STATES NAVY ROGER W. HAWKES JOHN R. BARTHOLOMEW RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: ELISABETH A. HOWARD DANIEL R. BARTLETT ROY C. JENNINGS JOHNIE W. BATH To be captain PAUL W. JENSEN JULIA E. BAUN RUSSELL L. COONS RICHARD A. KONDO SAMANTHA R. BEBB WILLIAM M. EDGE, JR. LAWRENCE D. KOUGH JOHN L. BECK, JR. SCOTT C. RYE KEITH A. KRAPELS JAMES A. BECKER JOHN S. LINDGREN WYNNE M. BEERS THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DONALD E. LLEWELLYN KEVIN M. BEHLER TO THE GRADE INDICATED IN THE UNITED STATES NAVY LOWEN B. LOFTIN, JR. RICHARD BELL III RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: CHARLES P. LUND III MELISSA V. BEMBENEK SCOTT F. MANNING KEITH W. BENEDICT To be captain JOHN C. MCCLURE CHRISTOPHER D. BERG KEVIN P. BENNETT WILLIAM G. MCCRILLIS KIRSTEN J. BERGMAN MICHAEL D. BRAZELTON TIMOTHY S. MCELLIGATT BRAD A. BERTINOT LAWRENCE G. DONOVAN DARREN L. MCNOLDY GARY J. BETTINGER DAVID K. GARDNER JAMES V. MCSWEENEY ROBERT N. BEZOUSKA DALE E. HASTE GALEN R. NEGAARD CORY J. BIEGANEK BECKY D. LEWIS WYNDON K. NIX PATRICK M. BIGGS ROBERT J. LINDGREN DAVID S. NOLAN CHRISTOPHER L. BLAHA MICHAEL J. MONFALCONE ROBERT R. PAULK BRYAN W. BLAIR ADRIAN A. SANCHEZ ROY M. PORTER JACOB A. BLANTON THOMAS N. TOMASZEWSKI CASEY E. REED JESSE A. BLANTON KERRY A. WEST STACEY A. ROGERS JOEL A. BLASCHKE PAUL F. WHITE JAMES M. ROSSI WILLIAM A. BLISS SCOTT F. RUSSELL EDWARD L. BLOUNT THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT KEVIN R. SCHEETZ JEFFERY S. BOERS TO THE GRADE INDICATED IN THE UNITED STATES NAVY DOUGLAS P. SCHOEN CHRISTOPHER J. BOLT RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: JON E. SCHULMAN DANIEL B. BOLTON To be captain MICHAEL J. SEBASTINO MARK W. BOLTON CORRY J. SHEDD DALE P. BOND, JR. RICHARD A. BALZANO CHARLES J. SHIVERY, JR. JASON P. BOONE RICHARD N. BLOMGREN MARK P. SMITH KEITH T. BORING PATRICK J. BRODERICK DOUGLAS B. STORY BRIAN J. BORKOWSKI CHRISTOPHER G. CAHILL WILLIAM D. SUDDARTH, JR. JAMES D. BOURIE PHILIP J. EMANUEL CHRISTOPHER W. THOMSON JOSHUA S. BOWES STEVEN P. GARDINER JONATHAN E. TURNER MICHAEL A. BOWLES NICKOLAS K. HANBY MICHAEL B. VELASQUEZ BRANDON L. BOWMAN JEFFREY B. HIRSCH MICHAEL D. VIGIL SHANE W. BOYD KENNETH S. KOLACZYK THOMAS S. WALL RAGENEA M. BRADEEN CHARLES W. MCCAMMON JOEL T. WEAVER PAUL A. BRADLEY EDWARD J. MCDONALD STEVEN W. WILCZYNSKI CHRISTOPHER H. BRADY HUGO M. POLANCO JON E. WILSON KEITH W. BRAGG MARIANELA M. SMITH KURT F. WINTER MARIE E. BRANTNER JOSEPH H. UHL GREGORY S. YOUNG JOHN R. BRAUN, JR. MARK J. WINTER CHRISTOPHER S. ZIMMERMAN CHRISTOPHER R. BRAUTIGAM JULIA A. BRENNAN THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT RACHEL A. BRESLIN TO THE GRADE INDICATED IN THE UNITED STATES NAVY TO THE GRADE INDICATED IN THE UNITED STATES NAVY NICHOLAS BRESNYAN RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: UNDER TITLE 10, U.S.C., SECTION 624: WENDY L. BRESNYAN To be captain To be lieutenant commander CORRIE S. BRICE RAMON BRIGANTTI JOHN T. ARCHER ANDREW K. BAILEY DAVID W. BRITEN

VerDate Mar 15 2010 13:44 May 31, 2013 Jkt 089102 PO 00000 Frm 00063 Fmt 0686 Sfmt 9801 E:\BR10\S26AP0.002 S26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 26, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 5 6273

JONATHON M. BRITTON CHARLES T. DENIKE CHRISTOPHER M. GIBSON JOHN W. BROCK II FRANKLIN D. DENNIS JAMES H. GIFFORD ANDREW J. BROWN HAROLD W. DENNIS MARK E. GLASPELL DU H. BROWN MARK F. DESANTIS JASON A. GLEASON EARL C. BROWN KENDRICK S. DEVERA JOSEE S. GOLDIN TEMPLE H. BROWN ANDREW J. DIAL JOHN J. GOODWIN THEONIS S. BROWN, JR. ROBERT W. DICKERSON ANTHONY W. GORE JOHN M. BRUGGINK DANIEL A. DIGATI GEOFFREY T. GORSUCH VANCE M. BRUNNER JOHN A. DILLS JENNIFER L. GOTIE DONALD L. BRYANT ROBERT E. DION, JR. RYAN R. GOYINGS JAMES P. BRYANT, JR. BRENT P. DITTENBER DOUGLAS M. GRAHAM HEATH B. BUCKLEY JOHN R. DIXON KRISTIN C. GRAHAM TRAVIS D. BUEHNER JESSICA E. DONCKERS MIRELLA GRAVITT RYAN J. BULGER TYLER R. DONNELL DAVID W. GRAY BARBARA M. BURGER SHANE R. DOOLAN ANTHONY J. GREEN CHRISTOPHER W. BURKHART MICHAEL J. DOYLE JASON A. GREEN MATTHEW S. BURNETTE BRUCE M. DRAKE JOSEPH GREEN, JR. JAY W. BUSH SEAN T. DUBLIN LORENA GREENE EDZEL L. BUTAC JASON G. DUDLEY MORGAN D. GREENE SCHERIEF C. BUTLER KIRK A. DUNCAN ROGER M. GRIFFIN, JR. LOREN A. BYMER KYLE E. DUNCAN NICHOLAS A. GRIFFITHS MARCUS J. BYNUM SCOTT W. DUNKLE JUSTIN K. GRIMES NATALIE A. BYNUM NOEL A. DUNN RICHARD Z. GROEN CURTIS L. BYRON, JR. JEFFREY R. DUPLANTIS ALI GROSS MICHAEL CALDERON CHRISTIAN A. DURHAM DANIEL J. GROSS RICARLOS M. CALDWELL WESTON T. DURHAM JONATHAN J. GROSS DANIEL G. CAMPBELL, SR. JUSTIN A. DUVALL LOREN E. GROVES DAVID W. CAMPBELL NICHOLAS H. DVONCH JONATHAN D. GUINN JAMES G. CAMPBELL RODERICK M. DWYER MICHAEL J. GUNTHER JOSHUA L. CAMPBELL MICHAEL F. DYER LAWRENCE P. GUSZKOWSKI KIRK A. CAMPBELL GEOFFREY L. EARNHART JOHN C. GWINN RYAN A. CANADY JEREMY W. EASLEY JOHN L. HAAKE CHARLES H. CANNON DAVID W. EASTBURN STEVEN L. HADY SCOTT L. CANTLON JOSHUA A. EATON ROBERT W. HAGERTY BRIAN C. CAPLIN DION S. EDWARDS SCOTT M. HAGGAS MATTHEW S. CARL CHRISTOPHER M. EFAW MATTHEW P. HALL PAMELA CARLISLE JOSHUA E. EGGAR SETH G. HALL BRENDAN J. CARROLL WAYNE E. EHMER ADAM D. HALLMARK FRANCISCO CASANOVA III LEERAN EINES CHRISTOPHER J. HALLOWS THOMAS W. CASEY MICHAEL T. ELIASSEN DAVID L. HAMILTON DAVID C. CASTILLO ROBERT D. ELLIOTT JEFFREY S. HAN FRANCIS J. CASTRO CHRISTOPHER R. ELLIS THOMAS J. HANDO MARIO N. CASTRO JASON A. ENGELBRECHT TIMOTHY P. HANSEN AUDIE A. CAVAZOS CHAD M. ENGLISH SHAWN P. HARKINS BRANDON C. CAVE ROBERT L. ENSSLIN TIMOTHY A. HARLOFF ADAM S. CECIL NEAL R. ERICKSON BRYAN A. HARMON VINCENT E. CESARO MICHAEL C. ERNST JEFFREY C. HARMON MATTHEW A. CHANEY GREGORY P. ESCOBAR BRIAN L. HARNDEN JAMES E. CHAPMAN, JR. VIC ESPARZA JUSTIN D. HARPER JONATHAN M. CHAVOUS JENNIFER L. ETTERS WILLIAM D. HARRIS, JR. DALLAS Q. CHEATHAM KEVIN M. EUBANKS JOSEPH M. HARRISON THOMAS R. CHERNEY CHRISTOPHER P. EVANS RICHARD W. HARTFELDER STEVEN C. CHETCUTI JEREL D. EVANS JONATHAN T. HARTSOCK YOUNG M. CHO ROBERT R. FAIREL, JR. JEFFREY D. HARVEY MIN K. CHOI NICHOLAS J. FALCETTO RONALD W. HAVNIEAR CHRISTOPHER M. CHURCH ROBERT P. FARRELL DAVID L. HAWK RODNEY E. CLARK JOHN I. FAUNCE JEFFREY D. HAY KEVIN S. CLARKE SHERRI A. FAZZIO JEFFREY W. HAZARD AMY L. CLEMENTS MATHEW A. FEEHAN MELINDA J. HENNESSEY MATTHEW J. CLEMENTZ PATRICK F. FEILD DAVID W. HENSEL CHARLES E. CLINE II AARON D. FELTER ANDREW M. HERCIK JASON W. COCKMAN BENJAMIN J. FERGUSON DERRICK B. HERNANDEZ TYLER J. CODY KEVIN C. FINNEGAN AARON G. HERRERA MATTHEW J. COLE LUCAS M. FISCHER ANDREW L. HERZBERG LILIA L. COLEMAN IAN FISHBACK JASON S. HETZEL CHAD C. COLLINS FRANK E. FISHER JOHN W. HICKS DENNIS B. COLLINS MICHAEL E. FISHER WALTER L. HICKS JOHN D. COLLINS RICHARD A. FISHER JEFFERY C. HIGGINS PATRICK D. COLLINS JOHN P. FITZGERALD DENNIS K. HILL ANIBAL COLON MATTHEW P. FIX JAMES P. HILL SHAUN S. CONLIN JEFFERY E. FLACH ROBERT E. HILTON STEVE CONRAD BENJAMIN A. FLANAGAN JEFFREY A. HINDS KEVIN J. CONSEDINE JEFFREY D. FLANAGAN LUSTER R. HOBBS JOE D. COOK, JR. STEPHEN C. FLANAGAN CHRISTOPHER M. HODL NICHOLAS M. COOK MICHAEL C. FLATOFF DANIEL J. HOEPRICH JOSEPH D. COOLMAN ARTURO E. FLORES CHRISTIAN A. HOFFMAN MICHAEL S. COOMBES RUSSELL W. FORKIN MATTHEW T. HOFMANN KING E. COOPER, JR. MARCUS R. FORMAN ROBERT S. HOLCROFT MICHAEL P. CORMIER JASON H. FOROUHAR ROBERT L. HOLENCHICK, JR. ANDREW J. CORNWELL RYAN H. FORSHEE NEIL A. HOLLENBECK VOYED D. COUEY ABRAHAM FOSTER DAVID L. HOLLOWAY LEE A. COURTNEY RUSSELL H. FOX GREGORY M. HOLMES AARON B. CRAFTON STEPHEN S. FOX RACHEL A. HONDERD DOUGLAS S. CRATE MARCUS T. FRANZEN ERIC S. HONG JAMES C. CREMIN BETH R. FRAZEE ROBERT HOOVER MARTYN Y. CRIGHTON DONALD R. FRAZEE JASON D. HOPKINS IRA L. CROFFORD, JR. RICARDO FREGOSO ADRIA O. HORN NATHANIEL D. CROW JEREMIAH C. FRITZ JAMES A. HORN PAUL J. CRUZ JOHN R. FRITZ SEAN K. HORTON WILLIAM B. CUFFE BRYAN W. FRIZZELLE STEWART N. HOUPT JOHN D. CUNNINGHAM LOUIS B. FRKETIC BETSY A. HOVE ROBERT B. CUSICK RASHAD J. FULCHER TERRY L. HOWELL JOSEPH W. DAIGLE IAN M. FULLER REX A. HOWRY HENRY J. DAILY JEFFREY R. FULLER JACOB D. HUBER SAMUEL DALLAS, JR. DOUGLAS K. FULLERTON HAROLD HUFF III GREGORY A. DANIEL MARK O. FULMER BRIAN M. HUMMEL JOSE D. DANOIS JONATHAN M. FURSMAN JENNIFER O. HUNTER THOMAS C. DARROW ANDREW J. FUTSCHER WILLIAM C. HUNTER III JOSEPH V. DASILVA GREGORY L. GABEL DONNIE J. HURT WESLEY C. DAVIDSON JOHN A. GABRIEL WILLIAM J. HUSSEY DAPHANIE R. DAVIS RICHARD A. GALEANO STEFAN W. HUTNIK IAN R. DAVIS ELLIS GALES, JR. CHIKA A. IHENETU JASON E. DAVIS DIANA B. GARCIA MICHAEL J. ISBELL MATTHEW W. DAVIS JOSUE C. GARCIA JARROD A. ISON NATHANIEL B. DAVIS MICHAEL R. GARLING BENJAMIN F. IVERSON MATTHEW C. DAWSON ALEX R. GARN STEVEN E. JACKOWSKI PHILIP J. DEAGUILERA BEAU P. GARRETT MELVIN S. JACKSON NICOLE E. DEAN STEWART U. GAST BENJAMIN D. JAHN JASON R. DEFOOR EUGENE GATES, JR. JASON D. JAMES ANDREW J. DEFOREST DAVID G. GAUGUSH NORMA A. JAMES JASON O. DEGEORGE EDWARD P. GAVIN REGINALD A. JAMO JAMES DEMONSTRANTI RYAN E. GAVIN THOMAS L. JENSEN

VerDate Mar 15 2010 13:44 May 31, 2013 Jkt 089102 PO 00000 Frm 00064 Fmt 0686 Sfmt 9801 E:\BR10\S26AP0.002 S26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 6274 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 5 April 26, 2010

DAVID L. JERKINS PATRICK E. MATHER TYLER B. PARTRIDGE MELVIN B. JETER SEAN P. MCBRIDE MICHELL R. PASCUAGORDON ARTHUR E. JIMENEZ SEAN C. MCCAFFERY ARTHUR L. PATEK AARON J. JOHNSON GEORGE A. MCCLAIN III NATHANAL J. PATTON CHARLES S. JOHNSON BRAD C. MCCOY SARAH E. PEARSON GEORGE H. JOHNSON III COREY G. MCCOY SAMUEL R. PEMBERTON JOEL M. JOHNSON JOSHUA T. MCCULLY SENECA PENACOLLAZO KIRK A. JOHNSON GARY P. MCDONALD MICHAEL Q. PENNEY JACOB M. JOHNSTON MATTHEW L. MCGRAW FRANCIS B. PERA MIGUEL A. JUAREZ SCOTT N. MCKAY ANTONIO PEREZ BARBARA E. JUNIUS BRETT C. MCKENZIE PHILIPPE A. PERRAULT JAMON K. JUNIUS SEAN M. MCLAUGHLIN WILLIAM R. PERRY BOBBY M. JURANEK FREDRICK J. MCLEOD CHARLES D. PETERS WILLIAM T. KAMPF DERICK P. MCNALLY THOMAS V. PETRINI GARY R. KATZ JOEY W. MCNAUGHTEN KYLE D. PETROSKEY MARK A. KATZ TRACEY Y. MCNAUGHTEN MATHEW J. PEZZULLO NICHOLAS S. KAUFFELD BRENDAN T. MCSHEA MICHAEL J. PHILLIPS, JR. BRIAN F. KAVANAGH ROBERT C. MCVAY ROBERT R. PHILLIPSON BRYCE K. KAWAGUCHI DWIGHT S. MEARS THOMAS E. PIAZZE III ANTHONY J. KAZOR BRITTANY E. MEEKS JEFFREY W. PICKLER SEAN C. KEEFE LUIS R. MEJIAROMAN ROGELIO A. PINEDA RYAN D. KEEL LUKE E. MERCIER LONNIE PIRTLE DANIEL A. KEENER ANDREW G. MILLER NICHOLAS J. PLOETZ MATTHEW L. KEITH BRIAN J. MILLER ROBERT E. PLOWEY SHAWN C. KELLER DERIK Z. MILLER MICHAEL S. POALETTI CARINA L. KELLEY IVAN D. MILLER JAMES D. POMRANKY TERENCE M. KELLEY JOHN G. MILLER JAMES L. POPE CHRISTOPHER J. KELSHAW JOHN L. MILLER DONALD R. PORTER, JR. NGUANYADE S. KEMOKAI JOSEPH M. MILLER RILEY J. POST DAVID L. KENNEY ROBERT D. MILLER DUSTIN M. POTTER SEAN M. KENNEY CRAIG W. MILLIRON EMILY J. POTTER JEREMY E. KERFOOT ROBERT C. MISKE BRYAN G. POTTS CARLA A. KIERNAN MONICA S. MITCHELL DEAN C. POWELL MIRANDA L. KILLINGSWORTH PETER J. MOLINEAUX SHAWN S. PRESCHER DONALD R. KIRK THOMAS P. MOLTON II ANTHONY J. PRITCHETT STEPHEN D. KITCHENS JOHN H. MOLTZ IV GERALD D. PUMMILL CHRISTOPHER P. KLEMAN GAMBLE L. MONNEY ISABEL C. PYATT FOSTER E. KNOWLES DONALD J. MOORE JOHN F. RABY CALVIN A. KNOX DONALD F. MOREY LEROY E. RAEL TIMOTHY M. KOERSCHGEN AARON F. MORRIS MARTIN RAMOS JOSEPH W. KOLCZYNSKI CHAD E. MORRIS MICHAEL S. RAMSEY, JR. MICHAEL L. KOLODZIE KAREL T. MORRIS ASHTON J. READ MONTE A. KOONTZ RAFAEL J. MORRISON ROSEMARY M. REED JON E. KORNELIUSSEN EDWIN D. MORTON III GERALD E. RESMONDO, JR. MICHAEL A. KRAMER SCOTT D. MOSLEY KARL A. REUTER JUSTIN P. KUETHER MARK P. MUDRINICH ADAM P. REYNOLDS GEORGE P. LACHICOTTE JOSEPH R. MUKES WILLIAM S. RICHARDSON BRYAN K. LAKE MICHAEL D. MURPHY DANA L. RIEGEL DAVID M. LAMBORN THOMAS C. MURPHY FRED RIGGS, JR. CHRISTINE A. LANCIA MATTHEW R. MYER INGEBRIGT A. RIISE JERRY E. LANDRUM JOHN A. MYERS TOBY L. RISNER ADAM D. LANDSEE CHRISTIAN D. NAFZIGER ALBERTO S. RIVAS JEREMY E. LANE MICHELLE J. NALL REYNALDO A. RIVERA FORD M. LANNAN ISMAEL B. NATIVIDAD CHRISTOPHER J. RIVERS ERIC D. LARSEN JEREMIAH J. NAYLOR MARION E. ROARK MARK E. LARSON DONALD R. NEAL CHRISTOPHER A. ROBBINS PAUL I. LASHLEY JOHNATHON W. NELSON KEITH B. ROBERTS ADAM F. LATHAM ANTONIO L. NESTER ALEX P. ROBINSON STANLEY A. LAY HEATHER R. NEWBERRY CARLOS F. ROCKSHEAD MATTHEW R. LEBLANC RONALD L. NIEDERT FRANK A. RODRIGUEZ MATTHEW P. LECLAIR KENNETH E. NIELSEN II MICHAEL S. ROENFANZ ANDRES J. LEDAY, JR. ANDREW T. NIEWOHNER CHRISTOPHER L. ROGERS ASHLEY S. LEE GLENN A. NILES, JR. ROY L. ROGERS GREGORY G. LEE KARL M. NILSEN BEAU G. ROLLIE KACIE M. LEE JASON H. NOBLE BENNY H. ROMERO JASON A. LEGRO CHARLES E. NOLL JORGE A. ROSARIO JOSEPH J. LEMAY JOHN M. NOLT MICHAEL S. ROSOL ANDREW E. LEMBKE DANA NORRIS FODAY K. ROSS RUSSELL P. LEMLER PETER J. NORRIS CHRISTOPHER M. ROWE JOSE A. LEMUS RODNEY A. NORRIS JEREMY J. ROY TIMOTHY J. LEWIS LEE M. NORTH G. KURT RUEDISUELI DONALD C. LITTLE HANY S. NOUREDDINE JESSICA K. RUTH JASON A. LITTLE LEE C. NOVY KEVIN P. RYAN SHANE M. LITTLE ALEJANDRO M. NUNEZ DAVID J. SADOVY CLAY J. LIVINGSTON CARLOS O. NUNEZ JARED D. SAINATO DANIEL P. LLOYD LAWRENCE R. NUNN JACKSON T. SALTER JUSTIN D. LOGAN OLIVIA J. NUNN ROBERTO R. SANCHEZ JASON R. LOJKA TONY S. NYBERG ANDREW W. SANDERS DAVID R. LOMBARDO WILLIAM C. NYE EDWARD J. SANFORD MICHAEL B. LONG KITEFRE K. OBOHO STEVEN D. SANTAMARIA ERNESTO LOPEZ, JR. CLEMENCE C. OBORSKI RAYMOND SANTIAGORIVERA JUSTINO LOPEZ CESAR J. OCASIO MICHAEL S. SAXON WILLIAM H. LOVE JEFFREY R. ODELL OLIVER H. SCHALLER KEVIN W. LOVETT DANIEL J. OH JAIRO M. SCHIFFMAN DANIEL J. LUCITT SEAN M. OHALLORAN AARON C. SCHILLECI THOMAS C. LUDWIG JEREMY M. OHEARN EZRA K. SCHILLER REBECCA L. LYKINS BRENDAN B. OHERN JONATHAN C. SCHMIDT SEAN P. LYONS DARRYL T. OLDEN II LUKE C. SCHMIDT MITCHELL D. MABARDY DAVID R. OLEARY ERIC G. SCHNABEL ADAM E. MACALLISTER MICHAEL J. OLESON ERICH B. SCHNEIDER ROBIN D. MACBRIDE MARIO A. OLIVA JOHN M. SCHOENFELDT GLEN A. MACDONALD PAUL M. OLIVER JASON P. SCHUERGER LEEVI J. MACDONALD MATTHEW S. ONEILL STEVEN J. SCHULDT SETH P. MADISON CHRISTOPHER D. OPHARDT TIMOTHY M. SCHUMACHER JOSHUA D. MADLINGER JOHN D. ORDONIO NICHOLAS H. SCHUTTE STEPHEN P. MAGENNIS RYAN C. OREILLY ANGELA L. SCOTT PETER N. MAHMOOD BRENDAN D. ORMOND JASON A. SCOTT ROBERT A. MAHONEY ETHAN W. ORR JEREMY O. SECREST STEVEN R. MAJAUSKAS RICARDO J. ORTEGA LAWRENCE SEKAJIPO CHEVELLE P. MALONE MARK L. OSANO MICHAEL M. SEMMENS JONATHAN D. MALONE EDMUND D. OSWALT DOUGLAS F. SERIE ANDREW R. MARCH THOMAS C. OWENS ANDRE J. SESSOMS DAVID M. MARLOW STEVE A. PADILLA TRAVIS D. SHAIN WILLIAM B. MARSH RICHARD PALAGONIA JEFFREY H. SHARPE CRAIG A. MARTIN TIMOTHY R. PALMER KELCEY R. SHAW LORING G. MARTIN HEATH E. PAPKOV MICHAEL C. SHAW MICHAEL R. MARTIN DAVID C. PARK BENJAMIN L. SHEPHERD LUIS D. MARTINEZ JACY A. PARK SAMUEL G. SHEPHERD JOSEPH B. MASON, JR. SUSAN M. PARKER SEAN R. SHIELDS MATTHEW T. MASON DONALD N. PARRISH ZACHARY D. SHIELDS CATHY L. MASSEY TIMOTHY P. PARRISH MATTHEW D. SHIFRIN MICHAEL S. MASSMANN BENJAMIN R. PARRY DARIN R. SHORT

VerDate Mar 15 2010 13:44 May 31, 2013 Jkt 089102 PO 00000 Frm 00065 Fmt 0686 Sfmt 9801 E:\BR10\S26AP0.002 S26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 26, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 5 6275

STEPHEN C. SHORT SRATHA VORARITSKUL DEVON M. CALLAHAN JASON M. SHULTZ SETH W. WACKER SHAWN C. CALLAHAN MATTHEW A. SIEBERT SCOTT R. WADE LOANNY E. CANCINO TIMOTHY A. SIKORSKI DAMON T. WAGNER MATTHEW J. CANNON DOUGLAS S. SIMMONS NEILSON W. WAHAB RODOLFO CAPETILLO, JR. ANDREW K. SINDEN KENNETH W. WAINWRIGHT BRETT A. CAREY MICHAEL F. SMEDLEY JAMES A. WALKER TIMOTHY R. CARIGNAN BLAYNE P. SMITH KYLE M. WALTON JAMEL R. CARR CHUNKA A. SMITH DANIEL J. WARD TARA S. CARR DONALD P. SMITH JOSEPH D. WEINBURGH LEE J. CASTANA JAMES R. SMITH SHANE M. WELLER TYLER M. CATE JOSHUA A. SMITH CHARLES W. WELLS NANCY C. CECH LANDGRAVE T. SMITH JOHNATHAN H. WESTBROOK JESSE G. CHACE MARK K. SNAKENBERG DANIEL F. WESTERGAARD CHRISTINE V. CHAMBERS JOHN P. SNOW WILLIAM D. WHALEY STEPHEN M. CHAMPLIN MATHEW R. SNYDER JARON S. WHARTON LEILANI CHANBOON SCOTT D. SNYDER SHANA M. WHATLEY TREVOR J. CHARTIER BRANDI L. SOULE ANDREW A. WHITE RICHARD T. CHEN TERRENCE L. SOULE CONRAD T. WHITE WILLIAM J. CHERKAUSKAS AARON J. SOUTHARD HARRY B. WHITE JOHN D. CHILDRESS BRIAN M. SOUTHARD JAMES M. WIESE ANGELICA O. CHRISTENSEN ROBERT W. SPARA CHRISTOPHER A. WILEY CRAIG A. CHRISTIAN WESLEY M. SPEAR CLARENCE W. WILHITE NANCY E. CLAUSS JOHN W. SPENCER JEREMY P. WILLIAMS MORGAN A. CLOSE DAVID M. SPIRZ JOHN R. WILLIAMS CAMALA L. COATS RONALD W. SPRANG NATHAN B. WILLIAMS ERIC L. COGER TANNER J. SPRY PATRICIA R. WILLIAMS MICHAEL B. COHEN KEVIN H. STACY RYAN T. WILLIAMS RONALD A. COLOMBO, JR. BRADEN P. STAI DOUGLAS M. WILLIG LAKEETRA COLVIN JAMES R. STAMPFER TOD W. WILLOUGHBY JOSHUA M. CONANT HAROLD D. STANLEY DONALD A. WINDSOR JAMES K. COPPENBARGER DWAYNE W. STAPLES TIA C. WINSTON JAMES C. CORBETT JASON R. STARAITIS EDWARD B. WITHERELL ROBERT M. COX CHARLES E. STEARNS SEAN A. WITTMEIER MATTHEW J. CROWE RICHARD D. STEARNS RICHARD E. WITWER ANDREW D. CROY TIMOTHY M. STEPHENSON PHILIP C. WOLFE JOSE I. CRUZAYALA ROBERT J. STEVENSON LILLIAN I. WOODINGTON LUIS S. CRUZRAMOS MARGARET G. STICK JASON T. WOODWARD AARON D. CUMMINGS SHANNON E. STOKES ASHLEY R. WORLOCK CLIFTON L. CUNNINGHAM PATRICK T. STONE TRAVIS S. WORLOCK MARIA T. CURTIS RICHARD J. STRAVITSCH VASHAUN A. WRICE STEVEN J. CURTIS BRADLEY R. STREMLAU CATRINA D. WRIGHT JAMES H. DAILEY JAMES C. STULTZ JOHN E. WRIGHT, JR. SHAWN P. DALRYMPLE MICHAEL W. STULTZ SCOTT R. YANDELL BRIAN C. DARNELL RONALD J. STURGEON MICHAEL S. YEAGER CARSON E. DAVIS JEFFREY M. STYER JASON B. YENRICK JAY B. DAVIS JUAN A. SUERO ROBERT W. YERKEY MICHAEL H. DAVIS RICHARD A. SUGG SAMUEL S. YI ROY F. DAVIS, JR. MEGHANN E. SULLIVAN PETER D. ZAFFINA BRANDON B. DAWALT JUSTIN J. SUMMERS JACOB H. DAY ROBERT M. SUMMERS ALICIA R. DEASE PHONPIROUN SUNDARA ASHOK K. DEB TODD S. SUNDAY LUIS A. DELEON NELSON P. SUNWOO KENNETH H. DONNOLLY JOHN K. SWARAY THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JAMES F. DOUGHERTY ADAM J. SWEDENBURG TO THE GRADE INDICATED IN THE UNITED STATES ARMY LAWRENCE DOUGLAS CHADWICK S. SWENSON UNDER TITLE 10, U.S.C., SECTION 624: BRENDAN J. DUNNE KAMIL SZTALKOPER To be major AMBER J. EASTBURN JOSE E. TADURAN TYLER Q. EDDY JEFFERY L. TANKSLEY GREGORY J. ADY ERIN N. EIKE SHEILA M. TAVARES BRIAN D. ALLISON CLIFFORD W. ELDER BARTON E. TAYLOR PATRICK L. ALSUP STEVEN L. ELGAN MICHAEL M. TAYLOR CAESAR D. ALVAREZ KEVIN A. ELLIOTT ROBERT B. TAYLOR CHRISTOPHER B. AMARA JOEL P. ELLISON BRANDON S. TENNIMON DANIEL J. ANDREWS SERANEL N. ENGUILLADO JEFFERY A. THAYER STEPHEN A. ARMSTRONG THOMAS E. ENTERLINE PETER A. THAYER TODD W. ARNOLD MICHAEL S. ERWIN JONATHAN M. THOENNES ANDREW J. AROLA SHARI D. EVANS MATTHEW R. THOM MATTHEW G. AUSTIN TODD T. EVANS AARON M. THOMAS SCOTT G. BAKER PETER R. EXLINE TROY P. THOMAS RAVI A. BALARAM RICHARD G. EYRISH VINCENT A. THOMAS ANDRAE T. BALLARD JASON C. FARMER PAUL E. THOMPSON PHILLIP M. BALLARD TAMMY J. FEARNOW RICHARD E. THOMPSON JASON L. BARTLETT PAUL J. FEDAK, JR. ANDREW A. THUEME DAVID C. BEALL ERIC P. FEKETE BRIAN D. TILLSON STEVEN R. BEARDEN JOHN D. FINCH DAVIS D. TINDOLL JORDAN M. BECKER CHRISTOPHER D. FIRESTONE EMERITO M. TIOTUICO ROBERT D. BECKWITH SAMUEL T. FISHBURNE MICHAEL T. TOBIAS JOSHUA E. BEISEL ANDREW R. FLORENZ GREGORY M. TOMLIN WILLIAM BELL MICHAEL M. FORBES MICHAEL B. TONEY BRET H. BELLIZIO DAVID FORD, JR. JOHN T. TOOHEY RICHARD J. BENDELEWSKI TAUNYA L. FORD PATRICK R. TOOHEY CRAIG M. BENKE REGINALD L. FOSTER MICHELLE H. TOYOFUKU BRIAN L. BERTHELOTTE JAMES R. FOURNIER JENNIFER L. TRACY DAVID M. BESKOW MICHAEL E. FRY ROBERT K. TRACY FRANK J. BIRD TERRY W. FRY JESS S. TRAVER IV SHANEKA L. BIZZELL SAMUEL T. FULLER YULANG TSOU KEVIN E. BLAINE ROBERT J. GABLE MICHAEL P. TUMLIN MICHAEL G. BLANKENSHIP CHARLES A. GAINESHAGER ANTOINETTE C. TURNER AARON B. BLANNING GLEN F. GALEONE CHARLES C. TURNER DAVID K. BODENBENDER YESENIA GARCIA JAMES N. TURNER SHELVIE BOOTH, JR. BENJAMIN C. GARNER JOHN B. TURNER CANDY BOPARAI ROBERT W. GAUTIER III RICARDO A. TURNER DEREK D. BOTHERN JOHN F. GAVIGAN JENNIFER L. UYESHIRO SUSAN M. BOUJNAH ANTHONY M. GELORMINE PHILLIP J. VALENTI JESSE J. BRANSON LARON D. GENERAL CAMP J. VAN JASON C. BRAY MARLOW GHORSTYGRBRAKOXFDEIS TIMOTHY J. VANALSTINE WILLIAM D. BRICE MATTHEW P. GIACOBBE ROBERT L. VANAUKEN RANDY T. BROOKS LOUIS C. GIANOULAKIS RUSSELL W. VANDERLUGT BENJAMIN S. BROWN SEAN GIBBS ROBERT T. VANDINE CLEO T. BROWN JOSEPH I. GILBERT JOSHUA B. VANETTEN JOEL R. BROWN JOHN F. GILBRETH MARK J. VANHANEHAN RANDELL W. BROWN SHONDA L. GILCHRIST TYLER G. VANHORN CHRISTOPHER S. BROWNING MICHAEL A. GIORDANO RONNY A. VARGAS VONTE Q. BRUMFIELD DAVID L. GOMEZ DERRICK L. VARNER PAUL A. BUBLIS RAINIER GONZALEZ JOSE R. VASQUEZ JASON A. BUCHANAN CONTRELL D. GOODE ERICK R. VELASQUEZ MICHAEL R. BUCHMAN KELLY K. GOODRICH DALE T. VERRAN RAVEN M. BUKOWSKI DERRICK L. GOODWIN RENATO VIEIRA STEPHEN J. BURROUGHS LINDA GRANT ISRAEL VILLARREAL, JR. DENNY A. BUTCHER XAVIER L. GREGORY TREVOR S. VOELKEL CHARLES T. CAIN MICHAEL P. GROOM

VerDate Sep 11 2014 07:43 Feb 22, 2018 Jkt 000000 PO 00000 Frm 00066 Fmt 0686 Sfmt 9801 C:\ERIC\S26AP0.REC S26AP0 ejoyner on DSK30MW082PROD with BOUND RECORD 6276 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 5 April 26, 2010

KRISTA J. GUELLER ERICA T. MAYS PATRICK SCHORPP JEREMY D. GUY DAVID J. MCCARTHY ERIC R. SCHWARTZ CRAIG A. HAGER JERRY D. MCCULLEY BRIAN J. SCICLUNA KEITH E. HAGER LEE E. MCKNIGHT SHANE P. SCOTT STARRIA HAIGOOD CORY T. MCKOY MARK A. SEABOLT PATRICK E. HAIRSTON ROHAN C. MCLEAN CHRISTOPHER N. SEBASTIAN LINDSAY A. HALE COURTLAND B. MCLEOD KRYSTAL G. SESSOMS LUCAS E. HALE ROBERT E. MCMAHON DENISE M. SEVERNS BRANDON B. HALSEY THOMAS H. MCMURTRIE III DAVID S. SHEEHAN DAVID E. HAMMERSCHMIDT DAVID L. MCNATT PAUL M. SHEPPARD PIERRE N. HAN THOMAS P. MCQUARY SILVINO S. SILVINO BRIAN M. HANLEY JOSE M. MEDINA JOHN D. SIMMONS BRIAN L. HANSEN GLENN A. MEDLOCK AMY K. SITZE KURTIS S. HANSON JOHN A. MEISTER KELLY L. SKRDLANT JOHN L. HARRELL CARIE M. MENDIOLA BRIAN D. SLOSMAN MICHAEL S. HARRIS KEVIN S. METHENY DAVID W. SMARTT WALTER R. HARRISON JAMES R. MIJARES ABDUL SMITH JANET L. HARROD BRE G. MILLARD JOSEPH B. SMITH MATTHEW E. HARTMAN CATHERINE J. MILLER ROBERT L. SMITH BRIAN K. HAWKINS KEITH B. MILLER SLADE K. SMITH ROBERT M. HAYES MATTHEW G. MILLER WILLIAM D. SMITH, JR. AARON P. HEBERLEIN NICHOLAS R. MILLER JASON J. SONG AIMEE M. HEMERY ERICA M. MITCHELL MARK D. SONSTEIN JOSEPH D. HESS ANTHONY A. MOORE JORGE D. SOTO ROBERT K. HEWITT HAROLD L. MORRIS JILLIAN K. STACK JOSEPH L. HEYMAN SHYLO R. MORRISON MICHAEL E. STADNYK PATRICK J. HOFMANN ROBERT C. MOYER ANNA O. STALLINGS HERBERT H. HOLBROOK, JR. VINCENT J. MUCKER KENNETH T. STALLINGS DENNIS L. HOLIDAY NICOLE Y. MUI TYLER J. STANDISH JOAN E. HOLLEIN HENRY L. MUNOZ SCOTT H. STARR JEWELL M. HOSCILA HURCULES MURRAY II JONATHAN L. STCLAIR GREGORY E. HOTALING JASON C. MURRAY ANDREW M. STONE DAVID W. HUGHES ERIC M. MUSGRAVE LARRY R. STRATTON GREGORY V. HUMBLE LOUIS P. NEMEC SEANSI L. STUCKER IVAN E. HURLBURT PETER A. NESBITT DAVID M. STURGIS RONALD IAMMARTINO, JR. JASON A. NEUBIG THOMAS D. STYLES LANCE E. JACKSON JEFFREY M. NICHOLSON ROBERT R. SUDO JOSEF M. JACOBSEN JONATHAN NORMAN DOUGLAS M. SWEET JEREMY T. JAMES BRIAN E. NORTHUP JOHN W. TAGGART PAUL T. JEAN RAHMIN J. NORWOOD KEVIN TANN NICHOLAS A. JEFFERS YAHMIN N. NORWOOD ERIC E. TAPP SIMONE R. JENKINS JASON K. NOVAK TONYA TATUM BARTON T. JENNINGS PETER K. NUNN AGUSTIN M. TAVERAS, JR. KEVIN A. JENSEN RACHAEL L. OCONNELL WILLIAM D. TAYLOR DANIEL J. JENTINK TIMOTHY M. ODONNELL ANGEL TEJADA BIJI T. JOHN HEATHER E. OKEMU JAMES G. TEMPLE CARL P. JOHNSON JOHN L. ONTKO, JR. KEVIN L. THAXTON CHRISTOPHER M. JOHNSON KATHERINE R. OPIE THEODORE A. THOMAS DOUGLAS V. JOHNSON, JR. HENRY OPOLOT EDWARD T. THOMPSON JACQUELINE L. JOHNSON CHRISTOPHER E. OSGOOD SARAH E. THOMPSON JEFFREY W. JOHNSON RICHARD R. PADEN ERIC J. THORNBURG KEITH D. JOHNSON TIMOTHY D. PAGE MICHAEL C. THORPE ANDRE E. JONES CARMEN A. PAGLIO KENDRA T. TIPPETT MICHAEL C. JONES DAVID R. PARKER HOWARD C. TITZEL TASHA N. JONES BRIAN E. PATTON MATTHEW D. TOBIN TYLER L. JONES DEIDRE E. PETERMAN AMY L. TORGUSON ANTHONY S. JORDAN PAUL J. PETERS RAMON B. TORRES JEFFREY M. KANE BRIAN J. PETERSON CARLOS TRINIDAD NICHOLAS C. KANIOS MICHAEL A. PETERSON GARRETT W. TROTT TARL E. KAROLESKI ANDREW R. PFLUGER HEATH A. TUCKER JOSHUA D. KASER CLINDON J. PHILLIPS TROY A. UHLMAN LARRY M. KAY JANET L. PHILLIPS OMAR A. VALENTIN PATRICIA KEEL STEVEN S. PHIPPS RAPHAEL VASQUEZ SHANE P. KELLEY GARY W. PICKENS JEREMY D. VAUGHAN STEVEN M. KENDALL JERONE O. PICKENS MICHAEL R. WACKER JEFFREY C. KENDELLEN PONGPAT D. PILUEK ANGEL L. WADE JOSHUA S. KHOURY JEREMY F. PITANIELLO SCOTT R. WADE DONALD D. KIM CHANTE D. PONDEXTER JAMES R. WARREN JESSICA E. KING DEBRA M. PONKO RYAN C. WATERS ANDREW D. KIRBY SCOTT J. PORTER JASON L. WEBB RONALD E. KITCHENS SHAYLA D. POTTER ETHAN T. WEBER CHRISTOPHER F. KIZINSKI DONALD E. PRATT STEPHEN L. WEST CHRISTOPHER R. KOBYRA DERRICK N. PRAY CHAD C. WETHERILL JEFFREY J. KORNBLUTH KURT A. PRESSELL JAMES C. WHITE TIMOTHY A. KRAMBS JUSTIN W. PUNSHON SHANNON D. WHITE CHRISTOPHER A. KREILER LOREN M. RACHFORD STEVEN M. WHITESELL CHRISTOPHER G. KRUPAR MATTHEW J. RADIK JERIMIAH A. WILDERMUTH ALFREDA A. LACEY DONALD L. RAINES CHRISTOPHER B. WILLIAMS JAMES A. LACOVARA PETER L. RANGEL CHRISTOPHER J. WILLIAMS ROWELL V. LAINO TRACI E. RAYBURN CLIFTON S. WILLIAMS BRIAN S. LAMBERT ROBERT J. REDMON JACKIE A. WILLIAMS THOMAS J. LANEY ERIC M. REID JENNIFER E. WILLIAMS ROBERT B. LANIER BLANCA REYES RENOR S. WILLIAMS LARRY E. LAROE KEVIN A. REYNOLDS TERRY A. WILLIAMS DANIEL A. LAROSE REGINALD H. RICE WILLIAM C. WILLIAMS CHRISTAL L. LAWS ANGELA D. RICHARDS JEFFREY M. WILSON ANGELIQUE LEDESMA JAMES E. RICHARDS MASON J. WILSON ANDREW C. LEE DERRICK L. RICHARDSON MICHAEL D. WISE HERB LEGGETTE ROBERT M. RICHARDSON BRIAN B. WOOD ROBERT C. LEICHT, JR. ERICKA T. RICHMOND ROBERT J. WOODRUFF TYRONE A. LEWIS ADELISSE RIOJAS GREGORY J. WORDEN SEAN A. LIBBY DAVID J. RISIUS KYLE R. YATES RYAN F. LIEBHABER DAVID E. RITTENHOUSE, JR. NICHOLAS A. LONG RAFAEL G. RIVERA DENIS R. LORTIE, JR. DEREK O. ROBINSON ROBERT W. LOYD RUSTY W. ROBINSON PHILIP X. LUU DANIEL J. ROGNE JONATHAN W. MACDONALD ADRIENNE ROLLE MATTHEW D. MACKEY CHRISTOPHER W. ROPER WILLIAM A. MACUGAY GAMALIEL ROSA MARLON T. MALLORY ABDIEL ROSADOMENDEZ ADAM B. MANGRUM ANDREA M. ROSALES ANTHONY D. MARCHAND AARON M. ROSPENDOWSKI DAVID P. MARONE MARY M. ROSS GUALBERTO J. MARRERO STEPHANIE J. ROYAL ALLISON A. MARSCHEAN BRIAN J. RYAN MICHAEL M. MARTIN SCOTT A. SALMON ADRIAN D. MASSEY BRETT T. SAMMIS TOM O. MATCHIN III ANDREW P. SANDERS WILLIAM C. MATTERN JOHN L. SANDERS JERZY M. MATYSZCZUK ROBERTO A. SANTAMARIA BRIAN L. MAYER NATHAN L. SCHMUTZ .

VerDate Sep 11 2014 07:43 Feb 22, 2018 Jkt 000000 PO 00000 Frm 00067 Fmt 0686 Sfmt 9801 C:\ERIC\S26AP0.REC S26AP0 ejoyner on DSK30MW082PROD with BOUND RECORD April 26, 2010 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 5 6277

THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DAVID D. CYR ERIC J. HOLZHAUER TO THE GRADE INDICATED IN THE UNITED STATES ARMY TIMOTHY C. DANIELS CEDRIC J. HOWARD UNDER TITLE 10, U.S.C., SECTION 624: KIZZY M. DANSER STEVEN E. HUBER To be major SHAALIM H. DAVID BRADLEY W. HUDSON JENNIFER L. DAVIS MODEQUE R. HUNTER EDWARD V. ABRAHAMSON MAUREEN A. DAVIS CANDACE B. HURLEY TIMOTHY M. ADAMS RODNEY R. DAVIS LAURA G. HUTCHINSON THOMAS C. ADKINS THEODORE DAVIS, JR. MICHAEL F. IANNUCCILLI MICHELLE I. AETONU MARTIN J. DEBOCK CARMEN J. IGLESIAS ONDREA I. ALBERT MICHAEL K. DEEMS DELIA L. IHASZ JORGE ALBIN, JR. CRYSTAL L. DEFRANCISCO SUNG J. IN DAVID G. ALEXANDER ROBERT P. DEGAINE III KENDRICK D. JACKSON KARL P. ALLEN DENA M. DELUCIA JOHN F. JACQUES ANDRA L. ALLISON CARMEN J. DEMATTEO ADRIAN F. JASSO LITCHIA R. ALVAREZ KARLETON M. DEMPSEY MATTHEW R. JENKINS TREG E. ANCELET BRIAN T. DENNING JIMMY L. JOHNSON RONALD J. ANDERT TENNILLE J. DERICKSON MATTHEW D. JOHNSON MELISSA N. ANDREWS CHRISTINE A. DESAINE JAMES R. JOHNSTON BENSON S. ASIS JAY J. DESHAZO AARON L. JONES JAMES M. ASMAN CARLOS F. DIAZ CHAD M. JONES GEORGE A. AUBERT IV CHRISTOPHER L. DIEDRICH RICARDO D. JONES MONA M. AUDERY WILLIAM J. DORSEY TROY S. JONES CHARLES D. AUSMAN JAMES W. DOUGLAS, JR. PHILIP M. JORGENSEN DANIEL J. AZZONE BRYAN R. DUNCAN ANTHONY D. JOSEPH ADRIAN R. BAILEY CLAYTON J. DUNCAN ROBERT Z. KATZENBERGER MELONY L. BAKER STEVEN R. DUVALL, JR. MACK S. KELLEY JOHN J. BALABANICK DAVID A. DYKEMA ANGELO G. KELLUM ERIC J. BANKS JOSEPH P. DZVONIK BRENT D. KENNEDY MICHELLE D. BARBEE TASHAWN C. EHLERS BENJAMIN L. KILGORE BEAU J. BARKER JAMIE R. ELGIN TURMEL A. KINDRED WILLARD E. BARRON DAVID E. ELLERMAN CARL K. KLEINHOLZ SCOTT A. BASSO TERRY L. ENGLAND JASON W. KLOPF ISAAC L. BATES SAMUEL J. ESKEW GEORGE P. KLOPPENBURG JOSEPH BATISTE, JR. ROBIN R. EVANS PAMELA D. KOPPELMANN ANDREW J. BAUMAN JAMES E. EVERETT III MALOLOGA LAGAI MARK E. BEERBOWER CHARLES F. FAISON EBONY S. LAMBERT PAUL N. BELMONT III DENIS J. FAJARDO ERNEST J. LANE II DAMON F. BENNETT JANA K. FAJARDO CHARLES E. LEE, JR. TANASHA N. BENNETT KENDRICK D. FANNIEL LATRINA D. LEE KEN R. BERNIER TAMMY A. FANNIEL TYRONE D. LEE AUGUST A. BEYER IV DAVID A. FELDNER RANDY P. LEFEBVRE RODNEY G. BILBREW GLADYS M. FERNAS STEPHEN R. LEONARD SARAH BISCIAIOODEN HUGHIE E. FEWELL CHRISTINA M. LEWIS DAVID J. BLANCHARD LOGAN J. FILECCIA MICHELLE A. LEWIS NIKKI M. BLYSTONE JAMES T. FISHER MICHAEL A. LIND DAMIEN BOFFARDI CHANDLER G. FISK ROSS B. LINDSEY DANA M. BOGARD BRENNAN C. FITZGERALD JEFFREY P. LIVINGSTON TIMOTHY E. BOGARD MIGUEL A. FLORESRIVERA MICHAEL T. LONG JASON D. BOHANNON FELICIA R. FLOYD FLOR Y. LOPEZ OLUSHOLA BOLARINWA LATOSHA D. FLOYD TIMOTHY W. LUEDECKE PERRY R. BOLDING PHOEBE E. FLYNN BRIAN I. LUST DESIREE N. BOLTON DUANE G. FOOTE KENSANDRA T. MACK WENDY E. BOLTON DAVID K. FOSTER DANIEL S. MAINOR BENJAMIN D. BORING SCOTT J. FOUCHER RODNEY M. MALAUULU CURTIS D. BOWE MICHAEL A. FOWLES THOMAS D. MALONE MICHAEL D. BOYLES ODERAY L. FOWLES JUSTIN M. MARCHESI PATRICK A. BRASSIL ROBERT A. FOX CANDICE MARTIN WILLIAM J. BRICKNER, JR. RICHARD D. FRANK ELOY MARTINEZ WILLIAM L. BROOKS MARK L. FRASER LUIS A. MARTINEZ WILLIAM D. BROSEY CHRISTA M. FRAZIER MARIE F. MATAVAO CHRISTOPHER A. BROWN KWANG C. FRICKE JAMES B. MATTOX DEVRIM J. BROWN DANNY R. FRIEDEN GEORGE B. MAY, JR. MATTHEW S. BUCK JERRY L. FRIMML JEFFREY S. MAY DOCIA L. BUCKNER JULIE J. FULLEMGILBERT CORINNE F. MCCLELLAN KRISTY A. BUERGER ARTYEMARIE S. FULLER JAMES D. MCCONNELL RYAN C. BURCHAM MARK A. GESKEY SHAWN J. MCCRAY KEVIN R. BURGESS TONYA K. GILLARD DARIN C. MCDOLE ERIC M. BURKE TODD A. GONRING CHANNING G. MCGEE JOHN O. BURNETT SHAUN M. GORDON ROBERT P. MCGINTY THADDEUS L. BURNETT FREDERICK H. GRANT JUSTIN M. MCGOVERN MICHAEL J. BURNS JOHN E. GRAY, JR. HARLAN G. MCKINNEY SHAWN D. BURROUGHS DANILO A. GREEN STUART I. MCMILLAN STEPHEN M. BUSSELL EDWARD M. GUTIERREZ SHAUN D. MCMURCHIE ANNIE L. BUTLER CHRISTOPHER P. HAAS MICHAEL S. MCVAY DALMYRA P. CAESAR ANGELA L. HABINA DEMARCUS L. MCVEY TEMARKUS M. CALDWELL JEREMY R. HAHN KIMBERLY D. MCVEY ANTHONY S. CAMARATO, JR. DWAYNE R. HAIGLER RICHARD A. MCWANE DONALD L. CAMPBELL CURTIS E. HALL CHATA MEADOR ANGEL S. CANDELARIO, JR. MAKEDA M. HALL LARYNILSA MEDINA THEODORE G. CAPRA EDWARD A. HALSTEAD JORGE MEDINARAMOS JEFFRY T. CARLSON AARON T. HAMILTON ERIC MENDOZA JASON E. CARNEY JOSEPH O. HAMILTON DUSTIN A. MENHART RANDOLPH S. CARPENTER JERMAINE D. HAMPTON DENNIS W. MEYER JENNIFER A. CARR JASON E. HANSA ADAM M. MILLER JOHN P. CEPEDA AAREN M. HANSON JAMES R. MILLER VIDAL CHAVEZGONZALEZ ERIN L. HARKINS JASON S. MILLER NICOLE M. CHILSON DAVID O. HARLAN JUSTIN L. MILLER SEANGTHIP CHITTAPHONG ERIC L. HARRIS MATTHEW C. MILLER EDWARD CHO ADRIENNE M. HARRISON STEPHANIE MILLS YOUNGJIN CHOE DORIAN C. HATCHER JOSEPH S. MINOR WILLIAM S. CHOMOS ERIC F. HEIL MELVIN T. MITCHELL TENN R. CHOWFEN STEVEN T. HELM DERRICK D. MODEST DAVID O. CHRIST PATRICK M. HENRICHS CHAD L. MONIZ LUKE R. CLOVER RUSSELL E. HENRY CLARENCE L. MONTAGUE JEFFREY P. COBERLY BRYAN T. HERKEN CHARLES L. MONTGOMERY JONATHON H. CODY JEFFREY R. HERNANDEZ TIMOTHY A. MORALES KATIA S. COLLETTE LARRY W. HESLOP JEFFREY L. MORRELL KIRK P. CONNOR ANDREW W. HESS JONATHAN R. MORRIS JOE CONTRERAS CHRISTOPHER M. HETZ MERNA C. MORRIS CHARLES W. CONWAY ULYSSES S. HICKS II VINSON B. MORRIS CARL K. COOK GEORGE A. HILL JOSEPH C. MORRISON ROBERT D. COPE TRAVIS W. HILL DONYA K. MOSLEY JERIMIAH J. CORBIN LINWOOD R. HILTON JILL MOSS PHILIP D. CORDARO CURT A. HINTON KERRY J. MOTES AARON M. CORNETT JEREMIAH S. HIRRAS PHILLIP P. MURRELL JAVIER A. CORTEZ ANGELA M. HISE SHAWN C. NEELY VIRGINIA A. CORTEZ JOHN D. HNYDA ANGELQUE R. NELSON MICHAEL A. COTTON GWENDOLYN D. HODGE KURSTEEN NELSON THOMAS V. CRANE IV JASON R. HOLLAND MARCELLINO M. NEVILLE JOSE A. CRESPO YEMSRACH B. HOLLEY DOUGLAS S. NEWELL RICHARD CRUZ CHRISTOPHER J. HOLMES PHILIP A. NICKLAS CHARLIE A. CUMMINGS, SR. JESSE B. HOLMES LESLIE L. NOBLES

VerDate Sep 11 2014 07:43 Feb 22, 2018 Jkt 000000 PO 00000 Frm 00068 Fmt 0686 Sfmt 9801 C:\ERIC\S26AP0.REC S26AP0 ejoyner on DSK30MW082PROD with BOUND RECORD 6278 CONGRESSIONAL RECORD—SENATE, Vol. 156, Pt. 5 April 26, 2010

AKANINYENE A. OKON JAMES E. SAMUEL DWIGHT F. TOWLER ROBERT R. OLIVER TIMOTHY J. SANDS JOHN C. TRAEGER SETH M. OLMSTEAD MICHELLE P. SANTAYANA BILLY J. TUCKER ERIC E. ORJIH SCOTT D. SAVOIE KEITHNER S. TUCKER MANUEL L. ORTIZ PATRICK M. SCHANLEY TAVARES A. TUKES MOISES ORTIZ ERIC J. SCHILLING KEITH A. TYLER NUNEZ A. ORTIZ MICHAEL K. SCHULTE FAAMAO UMALITANIELU JOHN A. OWENS CURT H. SCHULTHEIS BRANDON H. UNGETHEIM NICHOLAS G. PAAVOLA TERENCE L. SEALS RUSSELL L. UNTALAN THERESA L. PAHANISH HEATHER J. SHARPLESS RIGOBERTO VALDEZPEREZ ALBERTO J. PANTOJA CHRISTOPHER M. SHELDON HECTOR M. VAZQUEZ JAMES W. PAUL DANIEL J. SHILL RONALD A. VELDHUIZEN, JR. STACY L. PENNINGTON BRIAN K. SHOEMAKER JULIAN PEREZ KELVIN V. SIMMONS NICHOLE L. VILD MICHAEL O. PERRY MATTHEW E. SIMPSON MICHAEL F. VOLPE III CRISTAL L. PETERSON BECKY SIU DWAYNE L. WADE MATTHEW O. PETERSON THEODORE A. SLOCUM MATTHEW H. WADLER CHRISTOPHER D. PETREE BRIAN J. SLOTNICK KNECHELLE S. WALKER WILLIAM M. PHIFER ARJEAN A. SMITH ALEX C. WALLACE NICHOLAS P. PIEK BRADLEY A. SMITH JASON W. WALSH BRIAN J. PIEKIELKO DAVID S. SMITH NICOLE M. WARD ANTONIOREY C. PINEDA DAVID W. SMITH, JR. LAKESHA M. WARREN GEORGE J. PLYS DEBORAH A. SMITH MICHAEL E. WARREN STEPHEN A. POLACEK MARY A. SMITH BRENDA R. WATSON JASON H. POLK MATT J. SMITH NATASHA M. WAYNE JOSHUA D. PORTER PAUL W. SMITH ROGER A. WAYNE WILLIAM PRINCE, JR. SAMUEL D. SMITH, SR. JAMES E. WEAVER KEITH E. PRUETT SHATAMARA L. SMITH JASON A. WEIGLE CARL E. PURGERSON ANGELA L. SMOOT LYDIA Y. WELCH TATIANA QUINTANA JASON O. SNELLINGS MARTIN E. WENNBLOM GRETCHEN M. RADKE GEORGE A. SOLE ROBERT V. WESTMAN, JR. JONATHAN A. RALSTON RIVERA A. SOTO GERALD L. WESTRY MICHELLE R. RAMOS HENRY L. SPENCE, JR. BRIAN T. WHEATLEY MICHAEL C. RAMSAY, JR. DALE R. SPISAK SHERIDA Y. WHINDLETON JEFFERY E. RAMSEY PETER J. STAMBERSKY ERICA L. WHITE ADAM T. RANDALL JEREMIAH L. STARR ALTWAN L. WHITFIELD DARE A. RAPANOTTI BRIAN C. STEELE ANDERSON W. RAUB DARIN O. STEVENS ROBERT R. WHITTENBURG JUSTIN M. REDFERN JASON S. STEWART JESSICA R. WILEY ERIN M. REED JULIE M. STOCKELMAN TODD J. WILLERT JAMES D. REESE NATHAN A. STROHM CONSTANZA WILLIAMS DONALD R. REEVES, JR. JEFFREY J. STVAN CURTIS WILLIAMS HEATHER M. REILLY ADRIAN J. SULLIVAN DENNIS K. WILLIAMS II TROY D. REITER ERIC D. SUTTON DOVIA L. WILLIAMS MICHAEL J. REL SHAWN M. SVOBODA ELAINE M. WILLIAMS LUZHILDA P. RESTREPO RYAN H. SWEDLOW KALEYA M. WILLIAMS MICHAEL M. REVELS BRIAN C. TABAYOYONG NICOLE E. WILLIS ANTOINE J. RHODES TYLER J. TAFELSKI ANTHONY B. WILSON WILLIAM J. RICHARDSON TODD A. TARNOFF SEAN R. WILSON CHRISTINA L. RIVAS CONNIE L. TAYLOR TODD A. WISE CARLOS E. RIVERA JESSIE L. TAYLOR, JR. LAURA P. WOOD OLGA P. RIVERA RANDY L. TESTER AARON T. WORKMAN COREY D. ROBINSON DANIEL R. THETFORD LARRY WRIGHT JORGE W. RODRIGUEZ ARTHER E. THOMAS LOUWANNA D. WRIGHT OSCAR G. RODRIGUEZ DEMETRICK L. THOMAS ROBIN W. WRIGHT CHRISTOPHER P. ROGERS KRALYN R. THOMAS, JR. XARHYA WULF MARVIN G. ROJAS ANDREW G. THOMPSON CURTIS L. YANKIE CLYDE C. ROOMS SCOTT D. THOMPSON KATINA S. YARBOUGH NADINE I. ROSS VAUGHN C. THOMPSON SHAWN R. YOUNG NICHELLE A. RUFFIN EVAN R. TIMMENS JAMES E. ZICKEFOOSE TEAGUE J. RUFFO SOON M. TOGIOLA MEGHAN B. ZIGLAR KRISTA M. RUSCHAK KEVIN G. TOMLINSON RAMON C. SALAS ROBERT L. TONEY MICHAEL A. SAMSON FRANK C. TORTELLA, JR.

VerDate Sep 11 2014 07:43 Feb 22, 2018 Jkt 000000 PO 00000 Frm 00069 Fmt 0686 Sfmt 9801 C:\ERIC\S26AP0.REC S26AP0 ejoyner on DSK30MW082PROD with BOUND RECORD April 26, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 5 6279 HOUSE OF REPRESENTATIVES—Monday, April 26, 2010

The House met at 12:30 p.m. and was THE JOURNAL lished a rule on January 13 of this year called to order by the Speaker pro tem- The SPEAKER pro tempore. The to determine qualifications of what de- pore (Mr. MORAN of Virginia). Chair has examined the Journal of the termined a so-called meaningful user f last day’s proceedings and announces and who will be able to receive this to the House his approval thereof. funding. DESIGNATION OF SPEAKER PRO Mr. Speaker, this morning I spoke to TEMPORE Pursuant to clause 1, rule I, the Jour- nal stands approved. the American Hospital Association. The SPEAKER pro tempore laid be- Our Nation’s hospitals are almost fore the House the following commu- f unanimous in their dissatisfaction with nication from the Speaker: PLEDGE OF ALLEGIANCE the rules coming out of the Centers for WASHINGTON, DC, The SPEAKER pro tempore. Will the Medicare and Medicaid Services. These April 26, 2010. gentleman from Texas (Mr. BURGESS) rules are misguided, rigid, and in fact I hereby appoint the Honorable JAMES P. come forward and lead the House in the unattainable. MORAN to act as Speaker pro tempore on this In fact, a bipartisan group of 248 day. Pledge of Allegiance. Mr. BURGESS led the Pledge of Alle- members of this House of Representa- NANCY PELOSI, tives agreed. Further, instead of Speaker of the House of Representatives. giance as follows: incentivizing compliance, these rules f I pledge allegiance to the Flag of the United States of America, and to the Repub- punish noncompliance. This undoubt- MORNING-HOUR DEBATE lic for which it stands, one nation under God, edly gives us an idea of what we can ex- pect with the rulemaking and regula- The SPEAKER pro tempore. Pursu- indivisible, with liberty and justice for all. tion that will occur at the Centers for ant to the order of the House of Janu- f Medicare and Medicaid Services, ary 6, 2009, the Chair will now recog- COMMUNICATION FROM THE Health and Human Services, Office of nize Members from lists submitted by CLERK OF THE HOUSE Personnel Management, and, for crying the majority and minority leaders for out loud, the Internal Revenue Service morning-hour debate. The SPEAKER pro tempore laid be- as they go through this same process The Chair will alternate recognition fore the House the following commu- addressing the new health care reform between the parties, with each party nication from the Clerk of the House of law. This will go on for years, and in limited to 30 minutes and each Mem- Representatives: fact decades, perhaps even generations. ber, other than the majority and mi- OFFICE OF THE CLERK, Doctors, hospitals, information tech- nority leaders and the minority whip, HOUSE OF REPRESENTATIVES, nology manufacturers, medical device limited to 5 minutes. Washington, DC, April 26, 2010. Hon. NANCY PELOSI, manufacturers, and all Americans need f The Speaker, House of Representatives, to stay alert and pay attention to RECESS Washington, DC. what’s coming out of the agencies here DEAR MADAM SPEAKER: Pursuant to the in Washington, D.C. The SPEAKER pro tempore. Pursu- permission granted in Clause 2(h) of Rule II Mr. Speaker, I urge all of us to stay ant to clause 12(a) of rule I, the Chair of the Rules of the U.S. House of Representa- involved and active. The stimulus and declares the House in recess until 2 tives, the Clerk received the following mes- the reform bill will affect how health p.m. today. sage from the Secretary of the Senate on care is delivered for generations to Accordingly (at 12 o’clock and 31 April 26, 2010 at 9:31 a.m.: come. minutes p.m.), the House stood in re- That the Senate concur in the House amendment to the bill S. 1963. f cess until 2 p.m. That the Senate passed S. 3253. f That the Senate agreed to with an amend- ARIZONA VOTERS LIKE NEW LAW ment H. Con. Res. 255. b 1400 (Mr. SMITH of Texas asked and was Appointments: given permission to address the House AFTER RECESS Commission on Key National Indicators With best wishes, I am for 1 minute and to revise and extend The recess having expired, the House Sincerely, his remarks.) was called to order by the Speaker pro LORRAINE C. MILLER, Mr. SMITH of Texas. Mr. Speaker, tempore (Mr. HINOJOSA) at 2 p.m. Clerk of the House. while pro-amnesty advocates are busy f f criticizing Arizona’s new immigration enforcement law, Arizona voters are PRAYER HEALTH INFORMATION TECH- registering their overwhelming sup- The Chaplain, the Reverend Daniel P. NOLOGY RULEMAKING GIVES US port. According to a Rasmussen Re- Coughlin, offered the following prayer: AN IDEA OF WHAT TO EXPECT ports telephone survey, 70 percent of Ever-present God, who knows us WITH NEW HEALTH REFORM likely voters in Arizona approve of the through and through, hasten to help us LAW legislation, including 84 percent of Re- and strengthen the faith and unity of (Mr. BURGESS asked and was given publicans, 69 percent of independents, Your people. permission to address the House for 1 and more than half of Democrats. Give us courage to attack what is minute and to revise and extend his re- These results are not surprising. evil and surrounds itself with nega- marks.) Arizonans are no different from other tivity. History shows us You will for- Mr. BURGESS. Mr. Speaker, 14 Americans. They want to see the Na- tify the just, lift up the lowly, and months ago this House passed in the tion’s immigration laws enforced. They cleanse the pure of heart. stimulus bill a measure that contained are rightly concerned about the jobs Empower us to accomplish what is $20 billion for information technology that illegal immigrants take from citi- good and give You the glory now and relating to health care. The Centers for zens and legal immigrants, about their forever. Amen. Medicare and Medicaid Services pub- communities’ safety, and about the

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

VerDate Mar 15 2010 10:25 Jun 20, 2013 Jkt 089102 PO 00000 Frm 00001 Fmt 0688 Sfmt 0634 E:\BR10\H26AP0.000 H26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 6280 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 5 April 26, 2010 substantial costs to taxpayers of illegal Oversight Panel of the Committee on Introduced by my friend and col- immigration. Appropriations: league Representative ZOE LOFGREN of If the Obama administration con- Ms. WASSERMAN SCHULTZ, Florida. California on January 27, 2010, H.R. 4543 tinues to ignore immigration laws, it f was favorably reported out of the Over- should not be surprised if other States sight and Government Reform Com- ANNOUNCEMENT BY THE SPEAKER follow Arizona’s example. mittee on April 14, 2010, by unanimous PRO TEMPORE f consent. In addition, this legislation The SPEAKER pro tempore. Pursu- enjoys the overwhelming support of the HONORING ANTHONY ‘‘TONY’’ J. ant to clause 8 of rule XX, the Chair California House delegation. CORTESE will postpone further proceedings A 55-year resident of San Jose, Cali- (Mr. HONDA asked and was given today on motions to suspend the rules fornia, Mr. Anthony Cortese was born permission to address the House for 1 on which a recorded vote or the yeas in the East Bay city of Richmond, Cali- minute.) and nays are ordered, or on which the fornia, and graduated from James Lick Mr. HONDA. Mr. Speaker, I rise vote incurs objection under clause 6 of High School in San Jose. While in his today to honor the life and work of my rule XX. early twenties, Mr. Cortese began friend, Anthony ‘‘Tony’’ J. Cortese. For Record votes on postponed questions working for the United States Postal the past four decades, Mr. Cortese was will be taken after 6:30 p.m. today. Service as a letter carrier in the down- a proud and dedicated employee of the f town San Jose post office and contin- United States Postal Service. ued to serve as a proud Postal Service ANTHONY J. CORTESE POST I am proud to stand on the floor employee for over 40 years. As a letter OFFICE BUILDING today in support of H.R. 4543, legisla- carrier, Mr. Cortese became an active tion to designate the Westgate Station Mr. LYNCH. Mr. Speaker, I move to member of his union, the National As- Post Office in my district of San Jose, suspend the rules and pass the bill sociation of Letter Carriers Local 193. California, in memory of Mr. Cortese. I (H.R. 4543) to designate the facility of Mr. Cortese climbed the ranks from would also like to thank my good the United States Postal Service lo- shop steward to vice president, and in friend and the sponsor of this legisla- cated at 4285 Payne Avenue in San 1981 was elected union president, a po- tion, Congresswoman ZOE LOFGREN, for Jose, California, as the ‘‘Anthony J. sition he proudly held for 27 years. working closely with me on this effort. Cortese Post Office Building’’. As president of Local 193 for nearly 30 Mr. Cortese was born in the San The Clerk read the title of the bill. years, Mr. Cortese devoted his efforts Francisco Bay area and moved to The text of the bill is as follows: to advancing the well-being of his fel- Santa Clara County with his family H.R. 4543 low letter carriers. Notably, Mr. after his father took a job at the Ford Be it enacted by the Senate and House of Rep- Cortese successfully procured a union- plant in Milpitas. A few years after resentatives of the United States of America in owned headquarters building for the graduating James Lick High School in Congress assembled, members of Local 193. He helped ex- San Jose, Mr. Cortese started working SECTION 1. ANTHONY J. CORTESE POST OFFICE pand member health benefits and es- as a letter carrier in the downtown San BUILDING. tablished an open, meaningful, and Jose post office. (a) DESIGNATION.—The facility of the continuing dialogue between his union United States Postal Service located at 4285 members and Federal, State, and local Mr. Cortese was a tireless advocate Payne Avenue in San Jose, California, shall for letter carriers in the region and elected officials. be known and designated as the ‘‘Anthony J. However, Mr. Cortese’s service was made a significant impact on our com- Cortese Post Office Building’’. not just limited to his efforts on behalf munity. In addition to his 42 years with EFERENCES (b) R .—Any reference in a law, of his fellow letter carriers. Rather, the Postal Service, Mr. Cortese served map, regulation, document, paper, or other Mr. Cortese’s commitment to public 27 years as the president of the Na- record of the United States to the facility re- service could be evidenced by his effort tional Association of Letter Carriers ferred to in subsection (a) shall be deemed to to benefit the entire San Jose commu- Local 193. Under his leadership, this be a reference to the ‘‘Anthony J. Cortese Post Office Building’’. nity. Specifically, in 1990, Mr. Cortese local procured a building for its mem- established a local food drive initia- bers, secured expanded health benefits, The SPEAKER pro tempore. Pursu- tive, sponsored by the National Asso- and provided an open forum for discus- ant to the rule, the gentleman from Massachusetts (Mr. LYNCH) and the ciation of Letter Carriers, that since sion with union members, community 1991 has become a national food drive advocates, and local elected officials. gentleman from Texas (Mr. OLSON) each will control 20 minutes. held every year on the first Saturday Throughout his tenure, Mr. Cortese before Mother’s Day. developed strong relationships with The Chair recognizes the gentleman from Massachusetts. Regrettably, Mr. Cortese passed away postal workers and management. His on February 11, 2007. However, while GENERAL LEAVE legacy and accomplishments at the Mr. Cortese is no longer with us, his Postal Service will not be forgotten. Mr. LYNCH. Mr. Speaker, I ask unan- memory and legacy of public service Once again, Mr. Speaker, I rise to imous consent that all Members may will live on through his family, his honor the life of Anthony Cortese, and have 5 legislative days within which to friends, his community, and of course ask my colleagues to support naming a revise and extend their remarks and his fellow letter carriers. post office in his honor. I want to con- add any extraneous materials. Mr. Speaker, let us further honor the gratulate the family, and I want to The SPEAKER pro tempore. Is there life and legacy of this letter carrier and give a personal thanks, because with- objection to the request of the gen- former union president Anthony out his work my family would not have tleman from Massachusetts? Cortese through the passage of H.R. benefited from the kinds of things he There was no objection. 4543, which will designate the postal fa- has done in our community. Mr. LYNCH. Mr. Speaker, I yield my- cility located at 4285 Payne Avenue in f self such time as I may consume. San Jose, California, in his honor. I Mr. Speaker, as chairman of the APPOINTMENT OF MEMBER TO SE- urge my colleagues to join me and the House subcommittee with jurisdiction bill sponsor, ZOE LOFGREN from Cali- LECT INTELLIGENCE OVERSIGHT over the United States Postal Service, PANEL fornia. I am proud to present H.R. 4543 for con- I reserve the balance of my time. The SPEAKER pro tempore. Pursu- sideration. This legislation will des- Mr. OLSON. Mr. Speaker, I yield my- ant to clause 4(a)(5) of rule X, and the ignate the facility of the United States self as much time as I may consume. order of the House of January 6, 2009, Postal Service located at 4285 Payne Mr. Speaker, I rise today in support the Chair announces the Speaker’s ap- Avenue in San Jose, California, as the of H.R. 4543, designating the facility of pointment of the following Member of Anthony J. Cortese Post Office Build- the United States Postal Service lo- the House to the Select Intelligence ing. cated at 4285 Payne Avenue in San

VerDate Mar 15 2010 10:25 Jun 20, 2013 Jkt 089102 PO 00000 Frm 00002 Fmt 0688 Sfmt 0634 E:\BR10\H26AP0.000 H26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 26, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 5 6281 Jose, California, as the Anthony J. secured expanded health benefits, and pro- Whereas Sam Houston moved to Texas in Cortese Post Office Building. vided an open forum for discussion with union 1835 and joined the movement to establish members, community advocates, Postal Serv- separate statehood for Texas; b 1415 Whereas Sam Houston was elected as the ice supervisors, and local elected officials. A graduate of James Lick High commander-in-chief of the armies of Texas Throughout his tenure, Mr. Cortese developed in 1836; School in San Jose, Mr. Cortese started strong relationships with postal workers and working as a letter carrier in his early Whereas, on April 21, 1836, Sam Houston’s management. forces defeated Mexican President and Gen- twenties. He was known for his out- Mr. Cortese’s service was not limited to ad- eral Santa Anna, securing Texas’ long going nature and ability to work col- vocacy of union members, but extended into sought independence; laboratively to get things done, wheth- the San Jose community and beyond. In 1990, Whereas the city of Houston, Texas, was er he was resolving workplace issues or Mr. Cortese started a food drive program named after then-President of the Republic of Texas, Sam Houston, on June 5, 1837; organizing charitable work in the local through the Second Harvest Food Bank to community. Whereas Sam Houston was elected the first help needy families in the San Jose area. President of the Republic of Texas and As president of the National Letter Under Mr. Cortese’s guidance, this program Carriers Association Branch 193 for served 2 terms, followed by 2 years with the served as a pilot for what would become a na- Texas Congress, after which he returned to over 26 years, Mr. Cortese had one of tional food drive sponsored by the National serve as President from 1841 to 1844; the longest tenures of any local labor Association of Letter Carriers. Whereas, after Texas joined the Union in official. Not only did Mr. Cortese help I urge all of my colleagues to join Congress- 1845, Sam Houston was elected Senator to the United States Congress and served from build membership of more than 1,000 man MIKE HONDA and me to vote in favor of 1846 to 1859; local postal workers into a political this bill to honor our good friend, Anthony J. force, he also helped to initiate a food Whereas Sam Houston once again resigned Cortese. his position with Congress to serve as Gov- drive in which letter carriers collected Mr. LYNCH. Mr. Speaker, I yield donations for the Second Harvest Food ernor of Texas from 1859 to 1861; back the balance of my time. Whereas Sam Houston was deposed on Bank for families in the San Jose area. The SPEAKER pro tempore. The March 18, 1861, because he refused to take This program served as a pilot for what question is on the motion offered by the oath of allegiance to the Confederate ultimately became a national food the gentleman from Massachusetts States; drive sponsored by the NALC. The pro- (Mr. LYNCH) that the House suspend Whereas Sam Houston died in Huntsville, gram continues today and is just one of the rules and pass the bill, H.R. 4543. Texas, on July 26, 1863, and was then interred the generous contributions Mr. Cortese in Oakwood Cemetery; The question was taken. Whereas Sam Houston is the only person in made to his community and his coun- The SPEAKER pro tempore. In the try. United States history to have been the Gov- opinion of the Chair, two-thirds being ernor of 2 different States, Tennessee and Sadly, this outstanding citizen of in the affirmative, the ayes have it. Texas; San Jose died of a heart condition on Mr. LYNCH. Mr. Speaker, on that I Whereas a memorial museum, U.S. Army February 11, 2007. He leaves behind his demand the yeas and nays. base, national forest, historical park, univer- wife, Barbara; his daughter, Caroline; The yeas and nays were ordered. sity, and the largest free-standing statue of his sister, Mary; and his grandchildren, The SPEAKER pro tempore. Pursu- a United States figure recognize the life of Austin and Ashley. Sam Houston; and ant to clause 8 of rule XX and the Whereas Sam Houston still stands as a For his tireless efforts for his fellow Chair’s prior announcement, further postal workers and people in need symbol for Texas solidarity and is one of the proceedings on this motion will be most significant individuals in the history of throughout the country, it is fitting postponed. Texas: Now, therefore, be it that we name the post office in Tony f Resolved, That the House of Representa- Cortese’s honor. tives honors the life and accomplishments of Mr. Speaker, I yield back the balance HONORING THE LIFE AND ACCOM- Sam Houston for his historical contributions of my time. PLISHMENTS OF SAM HOUSTON to the expansion of the United States. Mr. LYNCH. I want to thank the gen- Mr. LYNCH. Mr. Speaker, I move to The SPEAKER pro tempore. Pursu- tleman from Texas for his kind re- suspend the rules and agree to the reso- ant to the rule, the gentleman from marks. And I would encourage my col- lution (H. Res. 1103) celebrating the life Massachusetts (Mr. LYNCH) and the leagues to join the lead sponsor of this of Sam Houston on the 217th anniver- gentleman from Texas (Mr. OLSON) measure, ZOE LOFGREN from California, sary of his birth, as amended. each will control 20 minutes. in supporting H.R. 4543. The Clerk read the title of the resolu- The Chair recognizes the gentleman Ms. ZOE LOFGREN of California. Mr. tion. from Massachusetts. Speaker, I rise in support of H.R. 4543, a bill The text of the resolution is as fol- GENERAL LEAVE to designate the U.S. Post Office located at lows: Mr. LYNCH. Mr. Speaker, I ask unan- 4285 Payne Avenue in San Jose, California, H. RES. 1103 imous consent that all Members may as the Anthony J. Cortese Post Office. Whereas Sam Houston was born at Timber have 5 legislative days within which to For over four decades, Mr. Cortese was a Ridge Church, near Lexington, Virginia, on revise and extend their remarks and proud and dedicated employee of the United March 2, 1793; add any extraneous materials. States Postal Service. He was also a loving Whereas Sam Houston as an enlisted sol- The SPEAKER pro tempore. Is there family man, respected community leader, and dier fought courageously in the War of 1812, objection to the request of the gen- a friend to many of us in local government. and after receiving three near-mortal tleman from Massachusetts? Mr. Cortese was born in the East Bay and wounds at the Battle of Horseshoe Bend, rose There was no objection. moved to Santa Clara County with his family to the rank of first lieutenant; Mr. LYNCH. Mr. Speaker, I yield my- Whereas Sam Houston studied law, was ad- after his father went to work at the Ford Plant mitted to the bar in 1818, and commenced self such time as I may consume. in Milpitas. A few years after graduating from practice in Lebanon, Tennessee; Mr. Speaker, on behalf of the Com- James Lick High School in San Jose, Mr. Whereas Sam Houston became District At- mittee on Oversight and Government Cortese started working as a letter carrier in torney in 1819, Adjutant General of the State Reform, I present House Resolution the downtown San Jose post office. in 1820, and Major General in 1821; 1103 for consideration. This resolution Mr. Cortese was a tireless advocate for let- Whereas Sam Houston was elected to the honors the life and accomplishments of ter carriers in the region and made a signifi- United States Congress for the State of Ten- Sam Houston for his historical con- cant impact on his community. In addition to nessee in 1823 and again in 1825 before serv- tributions to the expansion of the ing as Governor from 1827 to 1829; United States. his forty-two years with the Postal Service, Mr. Whereas Sam Houston moved to Okla- Cortese served twenty-seven years as the homa, served as an advocate for Native Introduced by my friend and col- president of the National Association of Letter American rights and a representative of the league, Representative MIKE MCCAUL Carriers Local 193. Under his leadership, Cherokee Nation, and then became a Cher- of Texas, on February 24, 2010, House Local 193 procured a building for its members, okee citizen on October 21, 1829; Resolution 1103 was favorably reported

VerDate Mar 15 2010 10:25 Jun 20, 2013 Jkt 089102 PO 00000 Frm 00003 Fmt 0688 Sfmt 0634 E:\BR10\H26AP0.000 H26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 6282 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 5 April 26, 2010 out of the Oversight Committee on cession from the Union, an act that Mr. played an important role in shaping April 14, 2010, by unanimous consent. In Houston deemed illegal. this great Nation. I urge my colleagues addition, the legislation enjoys the Mr. Houston died on July 26, 1863, at to support this resolution and honor support of over 50 Members of Con- the age of 70. Fittingly, his last words, the accomplishments of this impor- gress. as spoken to his wife, Margaret, were tant, if not heroic, figure in American As we all know, Sam Houston, a 19th reportedly: ‘‘Texas, Texas, Margaret history and the history of my home century American soldier, statesman ... ’’ State, the great State of Texas. and politician, played a pivotal role in Mr. Speaker, let us honor the lasting Mr. GENE GREEN of Texas. Mr. Speaker, the development of the State of Texas contributions of Sam Houston to the I rise today in support of H. Res. 1103—Cele- as well as our collective national his- State of Texas and our national history brating the life of Sam Houston on the 217th tory. As a soldier enlisted in the 7th In- through the passage of this resolution, anniversary of his birth. Sam Houston was fantry Regiment, Private and then- H. Res. 1103. born March 2, 1793, in Tiber Ridge, Virginia. First Lieutenant Houston fought cou- I urge my colleagues to join Mr. General Houston was an American states- rageously in the Battle of 1812 during MCCAUL of Texas in supporting H. Res. man, politician, and soldier. He is a key figure which he received nearly mortal 1103. in the history of Texas, including periods as wounds at the Battle of Horseshoe I reserve the balance of my time. the 1st and 3rd president of the Republic of Bend in March of 1814. Mr. OLSON. Mr. Speaker, I rise in Texas, as Senator after annexation, and finally As a practicing attorney in the State support of the resolution, and I yield as governor. of Tennessee, Mr. Houston served as a myself such time as I may consume. In his early life, he moved to Tennessee, district attorney in 1819, as the State’s Mr. Speaker, I am honored to rise where he served in the military during the War adjutant general in 1820, and then as a today in support of H. Res. 1103, intro- of 1812 and later had a successful career in major general in 1821. duced by a fellow Texan and colleague, Tennessee politics. A fight with a Congress- As a United States Representative Congressman MIKE MCCAUL, honoring man led to his move to Texas, where he soon elected to the 18th and 19th Congresses, the life and accomplishments of Sam became a leader of the Texas Revolution. Mr. Houston proudly represented the Houston for his historical contribu- Houston attended the Convention of 1833, State of Tennessee before his service as tions to the expansion of the United representing Nacogdoches, and supported the State’s Governor from 1827 to 1829. States. independence from Mexico. He was made a As a subsequent resident of the State Sam Houston lived an amazing and Major General of the Texas Army in Novem- of Oklahoma, Mr. Houston served as a vibrant life. Shortly after moving to ber 1835, then Commander-in-Chief in March vocal advocate in support of Native Tennessee from his home in the State 1836, at the convention where he signed the American rights and in 1829 was recog- of Virginia, Sam was drawn to the Texas Declaration of Independence. nized as a member of the Cherokee Na- Cherokee Indians, a tribe that would At the Battle of San Jacinto on April 21, tion by the Cherokee National Council. have a profound impact on his life. 1836, General Houston surprised General However, Mr. Houston is best known At the age of 19, Sam Houston en- Santa Ana and the Mexican forces, and in for his relentless efforts to secure listed in the military to fight the Brit- less than 18 minutes, the battle was over. statehood for Texas. ish in the War of 1812, where he distin- General Santa Ana was forced to sign the In 1835, Mr. Houston moved to the guished himself for his bravery and was Treaty of Velasco, granting Texas independ- Texas territory and promptly served as wounded several times in battle. After ence. During the battle General Houston was a member of the convention at San the war, his attention shifted to the shot, shattering his ankle. Felipe de Austin, a gathering of colo- study of law. In 1823, he was elected to The settlement of Houston was founded in nists designed to promote and establish the first of two terms here in this body, August 1836 by the Allen brothers. It was separate statehood for Texas. One year the United States Congress, before named in Houston’s honor and served as cap- later, Mr. Houston was elected to serve being elected Governor to the State of ital. as commander in chief of the Texas Tennessee in 1827. In 1828, Houston re- Houston was twice elected president of the army and in this capacity successfully signed from Tennessee politics, return- Republic of Texas. He served from October led his volunteer Texas forces against ing to live with his longtime friends, 1836 to December 1838, and again from De- those of Mexican General Antonio the Cherokee Indians. cember 1841 to December 1844. While he ini- Lopez de Santa Ana in the Battle of In 1835, Sam Houston left the Cher- tially sought annexation by the U.S., he San Jacinto. Notably, the battle cul- okee and his life in Tennessee and dropped that hope during his first term. minated with the signing of the Treaty moved to Texas, where he quickly After the annexation of Texas by the United of Velasco, which recognized the Re- gained notoriety for his leadership in States in 1845, Houston was elected to the public of Texas. seeking independence from Mexico. In U.S. Senate. He served from February 1846 In recognition of his service, Mr. the wake of defeat at the Alamo on until March 1859. Houston was subsequently elected to April 21, 1836, Houston rallied the ar- He twice ran for governor of Texas, unsuc- serve as the first President of the mies of Texas to victory, decisively de- cessfully in 1857 and successfully in 1859. Texas Republic, a position that he held feating Santa Anna and the Mexican Despite Houston’s being a slave owner and from 1836 to 1838 and again from 1841 to Army at the Battle of San Jacinto, se- against abolition, he opposed the secession of 1844. Fittingly, the city of Houston was curing independence for Texas and his Texas from the Union. named after the President of the Texas heroic place in the Nation’s history. Despite Houston’s wishes, Texas seceded Republic in 1837. Shortly after securing independence, from the United States in February 1861 and Mr. Houston also served the Texas Sam Houston was elected the first joined the Confederate States of America in Republic as a member of the Texas President of the Republic of Texas, be- March 1861. This act was soon branded illegal Congress from 1838 to 1840, and upon ginning a long and successful career in by Houston, but the Texas legislature never- Texas’ admission as a State into the Texas politics. He went on to serve a theless upheld the legitimacy of secession. Union, served as a United States Sen- second term as President of the Repub- The political forces that brought about Texas’s ator from the 31st through the 34th lic before being elected as a United secession also were powerful enough to re- Congresses. Mr. Houston would also States Senator after statehood in 1845. place the state’s Unionist governor. serve as Governor of the State of Texas In 1859, Houston continued his public To avoid bloodshed, Governor Houston from 1859 to 1861, making him the only service when he was elected Governor chose not to resist, and instead retired to person in the United States to ever of the State of Texas and became the Huntsville, Texas, where he died before the have served as the Governor of two dif- only person in U.S. history to serve as end of the Civil War. Today, Governor Hous- ferent States. Notably, Mr. Houston’s Governor in two States. ton has a memorial museum, a U.S. Army tenure as a Texas Governor ended with Though sometimes embroiled in con- base, a national forest, a historical park, a uni- his refusal to take an oath of loyalty troversy, Sam Houston was a pas- versity, and the largest free-standing statue of to the Confederacy following Texas’ se- sionate, dedicated statesman who an American figure, in his honor.

VerDate Mar 15 2010 10:25 Jun 20, 2013 Jkt 089102 PO 00000 Frm 00004 Fmt 0688 Sfmt 9920 E:\BR10\H26AP0.000 H26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 26, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 5 6283 Mr. BRADY of Texas. Mr. Speaker, I rise MCCAUL and Mr. OLSON of Texas in sup- Postal Service located at 1343 West Ir- today in support of H. Res. 1103, honoring the porting H. Res. 1103, and I yield back ving Park Road in Chicago, Illinois, as anniversary of the birth of a great Texan, Sam the balance of my time. the ‘‘Steve Goodman Post Office Build- Houston. Due to a conflict I was unable to The SPEAKER pro tempore. The ing.’’ cast my vote in support of this bill yesterday. question is on the motion offered by Introduced by my good friend and Sam Houston was a larger than life char- the gentleman from Massachusetts colleague, Representative MIKE acter who left a lasting impact on the history (Mr. LYNCH) that the House suspend QUIGLEY of Chicago, on March 16, 2010, of Texas. Already an established statesman— the rules and agree to the resolution, H.R. 4861 was favorably reported out of as first a member of this body and Governor H. Res. 1103, as amended. the Oversight and Government Reform of the state of Tennessee—Sam Houston’s The question was taken. Committee on April 14, 2010 by unani- leadership was essential in Texas gaining The SPEAKER pro tempore. In the mous consent. In addition, this legisla- independence from Mexico and later in opinion of the Chair, two-thirds being tion enjoys the support of the entire Il- achieving statehood. Sam Houston led the in the affirmative, the ayes have it. linois House delegation. Texas Revolutionary forces in the Texas War Mr. LYNCH. Mr. Speaker, on that I b 1430 of Independence and was instrumental in demand the yeas and nays. achieving victory over at the Battle of San The yeas and nays were ordered. A beloved native of the City of Chi- Jacinto. The SPEAKER pro tempore. Pursu- cago, American folk singer and song- The only person to have been the governor ant to clause 8 of rule XX and the writer Steve Goodman was born on of two different states, Sam Houston also was Chair’s prior announcement, further July 25, 1948, on Chicago’s north side. an inaugural Senator from Texas. proceedings on this motion will be Mr. Goodman graduated from Maine I have long been impressed with Sam Hous- postponed. East High School in Park Ridge, Illi- ton. In my office, I proudly display two portraits f nois, in 1965, and subsequently enrolled of Houston. at the University of Illinois. Sam Houston’s legacy is important to the STEVE GOODMAN POST OFFICE After 1 year, Mr. Goodman left the people of Texas’ Eighth congressional district. BUILDING University of Illinois in order to pursue A much larger than life statue of Sam Houston Mr. LYNCH. Mr. Speaker, I move to a musical career. In 1968, he began per- greets all who come to Huntsville—the east suspend the rules and pass the bill forming at the famed Earl of Old Town Texas town where Sam Houston spent his (H.R. 4861) to designate the facility of folk club in Chicago’s Old Town neigh- golden years and where his name lives on at the United States Postal Service lo- borhood where he first attracted a Sam Houston State University. At 67 feet tall cated at 1343 West Irving Park Road in large popular following and where he and 25 tons, the steel and concrete statue Chicago, Illinois, as the ‘‘Steve Good- soon became a regular performer aptly named ‘‘A Tribute to Courage’’ is a testa- man Post Office Building’’. throughout the city. Mr. Goodman’s ment to how the Huntsville community con- The Clerk read the title of the bill. subsequent and distinguished musical tinues to cherish Sam Houston. The text of the bill is as follows: career evidenced his dual mastery of Mr. Speaker, I am proud to celebrate the life songwriting and performance as well as of Sam Houston. For all his accomplishments, H.R. 4861 Be it enacted by the Senate and House of Rep- his genuine devotion to his hometown, the people of the great state of Texas remain and he left an indelible mark on both forever in his debt and will continue to honor resentatives of the United States of America in Congress assembled, American folk music and on the city of his memory and public service on this anniver- SECTION 1. STEVE GOODMAN POST OFFICE Chicago. sary of his birth. BUILDING. As noted by the Chicago Tribune ear- Mr. MCCAUL. Mr. Speaker, I come to the (a) DESIGNATION.—The facility of the lier this month, Mr. Goodman’s collec- floor today to recognize Sam Houston’s con- United States Postal Service located at 1343 tion of songs told ‘‘wondrous, intricate tributions to Texas and our Nation. Sam Hous- West Irving Park Road in Chicago, Illinois, stories,’’ and ‘‘if you were a fan and ton was a statesman, military leader, and poli- shall be known and designated as the ‘‘Steve you lived in Chicago when he was alive, tician who made remarkable contributions to Goodman Post Office Building’’. you couldn’t help but feel like he was a Texas and our Nation. His achievements in- (b) REFERENCES.—Any reference in a law, private pleasure.’’ clude representing both Tennessee and Texas map, regulation, document, paper, or other record of the United States to the facility re- Notably, Mr. Goodman released 10 in the U.S. Congress; defeating Mexican ferred to in subsection (a) shall be deemed to folk music albums during his life, President Santa Anna to secure Texas’ long be a reference to the ‘‘Steve Goodman Post which were followed by five post- sought independence; and being named the Office Building’’. humous releases. Included among his first President of the Republic of Texas for two The SPEAKER pro tempore. Pursu- most enduring songs was the ‘‘City of terms. Additionally, he was the only person in ant to the rule, the gentleman from New Orleans,’’ a song about the Illinois U.S. History to have been the governor of two Massachusetts (Mr. LYNCH) and the Central’s City of New Orleans train different states, Texas and Tennessee. gentleman from Texas (Mr. OLSON) The State of Texas has recognized Sam that was recorded by Arlo Guthrie and each will control 20 minutes. Houston’s achievements with the naming of which became a top 20 hit in 1972. The The Chair recognizes the gentleman song would also become an American the City of Houston. His is also remembered from Massachusetts. by a memorial museum, a U.S. Army Base, a standard, covered by such musicians as national forest, a historical park, a university GENERAL LEAVE Johnny Cash and Willie Nelson, whose and the largest free-standing statue of an Mr. LYNCH. Mr. Speaker, I ask unan- recorded versions earned Mr. Goodman American figure. imous consent that all Members may a posthumous Grammy Award in the The patriotic spirit of Sam Houston is car- have 5 legislative days within which to Best Country Song category in 1985. ried by every Texan, and is especially seen in revise and extend their remarks and Mr. Goodman later received a second his great grandson, Sam Houston the 4th. I add any extraneous materials. posthumous Grammy Award in the am proud to say this gentleman is my con- The SPEAKER pro tempore. Is there Best Contemporary Folk Album cat- stituent. I have seen Sam Houston 4th every objection to the request of the gen- egory in 1988 for his critically ac- year at Texas Day of Independence celebra- tleman from Massachusetts? claimed album ‘‘Unfinished Business.’’ tion and feel that his vote is the best endorse- There was no objection. Additionally, Mr. Goodman is well- ment I have ever had. Mr. LYNCH. Mr. Speaker, I yield my- known for writing and performing a va- Please join me in acknowledging Sam self such time as I may consume. riety of humorous songs about the City Houston’s accomplishments with this resolu- Mr. Speaker, as chairman of the of Chicago, including ‘‘Daley’s Gone,’’ tion. House subcommittee with jurisdiction which is a eulogy of the late mayor Mr. OLSON. Mr. Speaker, I yield over the United States Postal Service, Richard J. Daley, and ‘‘A Dying Cubs back the balance of my time. I am proud to present H.R. 4861 for con- Fan’s Last Request,’’ also ‘‘When the Mr. LYNCH. Mr. Speaker, again I en- sideration. This legislation will des- Cubs Go Marching In’’ and ‘‘Go, Cubs. courage my colleagues to join Mr. ignate the facility of the United States Go!’’ in honor of his beloved Chicago

VerDate Mar 15 2010 10:25 Jun 20, 2013 Jkt 089102 PO 00000 Frm 00005 Fmt 0688 Sfmt 0634 E:\BR10\H26AP0.000 H26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 6284 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 5 April 26, 2010 Cubs. The latter song can be heard Sadly, Mr. Goodman died of leukemia Mr. LYNCH. Mr. Speaker, on that I playing on the loudspeakers at Wrigley before he could sing the ‘‘Star-Span- demand the yeas and nays. Field after every Cubs’ home win. gled Banner’’ for that first divisional The yeas and nays were ordered. In addition to his musical contribu- post-season game. He was 36 years old. The SPEAKER pro tempore. Pursu- tions, Mr. Goodman is equally remem- Jimmy Buffet filled in, dedicating the ant to clause 8 of rule XX and the bered for the courage and positivity song to Mr. Goodman. Subsequently, Chair’s prior announcement, further that he always evidenced throughout some of Mr. Goodman’s ashes were proceedings on this motion will be his 15-year battle with leukemia. While scattered at Wrigley Field. postponed. Mr. Goodman was diagnosed with the I appreciate the opportunity to rec- f disease at the early age of 20, in the ognize this man of Chicago, Steve words of the Chicago Tribune, he was Goodman, who is world renowned for RECESS always ‘‘a little guy with a huge smile, his many musical accomplishments. The SPEAKER pro tempore. Pursu- and he was Chicago.’’ Mr. Speaker, I yield back the balance ant to clause 12(a) of rule I, the Chair Regrettably, Mr. Goodman passed of my time. declares the House in recess until ap- Mr. LYNCH. I thank the gentleman away on September 20, 1984, at the age proximately 6:30 p.m. today. from Texas for his kind remarks, and I of 36. Four days after his death, the Accordingly (at 2 o’clock and 37 min- urge my colleagues to join with the Cubs clinched the National League’s utes p.m.), the House stood in recess gentleman from Chicago, Illinois, Con- Eastern Division title, and on October until approximately 6:30 p.m. 2, 1984, they played their first post-sea- gressman MIKE QUIGLEY, in supporting son game since the 1945 World Series. H.R. 4861. f Mr. QUIGLEY. Mr. Speaker, I rise today in While Mr. Goodman had been asked to b 1830 sing the national anthem for the occa- support of H.R. 4861, a resolution to name the sion, Jimmy Buffet performed the Post Office at 1343 West Irving Park Road AFTER RECESS ‘‘Star-Spangled Banner’’ in his absence after Steve Goodman. The recess having expired, the House and dedicated the song to Mr. Good- Steve Goodman was a true Chicagoan, a was called to order by the Speaker pro legendary folk singer and songwriter and a man, whose ashes were subsequently tempore (Mrs. HALVORSON) at 6 o’clock scattered at Wrigley Field. faithful Cubs fan. and 30 minutes p.m. Mr. Speaker, let us honor the life and Sadly, Goodman succumbed to leukemia in legacy of Mr. Goodman through the 1984 at the young age of 36 after a coura- f passage of this legislation, H.R. 4861, to geous 15-year battle with the disease. ANNOUNCEMENT BY THE SPEAKER Over the course of his illness, Goodman designate the West Irving Park Road PRO TEMPORE wrote some of the most enduring American Post Office in his honor. I urge my col- The SPEAKER pro tempore. Pursu- leagues to join Mr. QUIGLEY of Chicago folk songs, including ‘‘The City of New Orle- ans,’’ for which he won one of his two ant to clause 8 of rule XX, proceedings in supporting H.R. 4861. will resume on motions to suspend the I reserve the balance of my time. Grammy awards, and the great Chicago tune rules previously postponed. Mr. OLSON. I yield myself such time ‘‘Lincoln Park Pirates.’’ Votes will be taken in the following as I may consume. Goodman’s career was inexorably inter- order: Mr. Speaker, I rise today in support twined with Chicago’s Old Town School of H.R. 4543, by the yeas and nays; of H.R. 4861, designating the facility of Folk Music, where he learned his craft and House Resolution 1103, by the yeas the United States Post Office, located and befriended folk music luminaries such as and nays; at 1343 West Irving Park Road in Chi- Roger McGuinn of the Byrds, Bob Gibson, H.R. 4861, by the yeas and nays. cago, Illinois, as the ‘‘Steve Goodman Bonnie Koloc, and John Prine. The first electronic vote will be con- Post Office Building.’’ While older Goodman fans are no doubt Born on July 25, 1948, in Chicago, Illi- aware of his connection to the Cubs, best ex- ducted as a 15-minute vote. Remaining nois, Steve Goodman began his lifelong emplified by his song ‘‘A Dying Cubs Fan’s electronic votes will be conducted as 5- musical career as a teenager. After Last Request,’’ in recent years younger gen- minute votes. graduating from Maine East High erations have come to know Steve Goodman f School in 1965, Mr. Goodman entered as the writer and performer of ‘‘Go, Cubs, ANTHONY J. CORTESE POST the University of Illinois and started a Go,’’ the anthem played at Wrigley Field fol- OFFICE BUILDING band called The Juicy Fruits with lowing Cubs’ wins. Steve’s spirit lives on after every Cubs friends from the Sigma Alpha Mu fra- The SPEAKER pro tempore. The un- home win, as thousands of fans happily head ternity. finished business is the vote on the mo- After 1 year, he left college to pursue home from Wrigley singing, ‘‘Go Cubs, Go tion to suspend the rules and pass the his musical career full time. He was a ... ’’ bill, H.R. 4543, on which the yeas and With the passage of this legislation, it’s pos- regular performer in Chicago, and often nays were ordered. sible that the strains of this happy tune will be supported himself by singing commer- The Clerk read the title of the bill. heard on the steps of the Steve Goodman cials. He often performed, but he was The SPEAKER pro tempore. The Post Office, not a mile up Clark Street from known as an excellent and influential question is on the motion offered by Wrigley Field. the gentleman from Massachusetts songwriter. Known more prominently Naming the Post Office at 1343 West Irving (Mr. LYNCH) that the House suspend in folk music circles than in commer- Park Road after Steve Goodman is a small the rules and pass the bill, H.R. 4543. cial venues, Mr. Goodman’s music rep- but fitting way to honor the life and work of a The vote was taken by electronic de- resented a chronicle of the times, in- man whose music was always imbued with vice, and there were—yeas 370, nays 0, cluding his many, many humorous emotions and scenes of everyday life. not voting 60, as follows: songs about Chicago. I urge the swift passage of this legislation. His legendary creation of the ‘‘City Mr. LYNCH. Mr. Speaker, I yield [Roll No. 221] of New Orleans’’ got the attention of back the balance of my time. YEAS—370 top recording artists, such as Arlo The SPEAKER pro tempore. The Ackerman Bachus Bilirakis Guthrie, Johnny Cash, Judy Collins, question is on the motion offered by Aderholt Baird Bishop (NY) Chet Atkins, and Willie Nelson, who all the gentleman from Massachusetts Adler (NJ) Baldwin Bishop (UT) Akin Barrow Blackburn recorded this much-loved song. He was (Mr. LYNCH) that the House suspend Alexander Bartlett Blumenauer also known as a diehard Cubs fan, and the rules and pass the bill, H.R. 4861. Altmire Barton (TX) Blunt his songs were often played at Wrigley The question was taken. Andrews Bean Boccieri Field. In 1984, his beloved Cubs won the The SPEAKER pro tempore. In the Arcuri Berkley Boehner Austria Berman Bonner Eastern Division title in the National opinion of the Chair, two-thirds being Baca Biggert Bono Mack League for the first time. in the affirmative, the ayes have it. Bachmann Bilbray Boozman

VerDate Mar 15 2010 10:25 Jun 20, 2013 Jkt 089102 PO 00000 Frm 00006 Fmt 0688 Sfmt 0634 E:\BR10\H26AP0.000 H26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 26, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 5 6285 Boren Gordon (TN) McHenry Shea-Porter Tanner Walz The vote was taken by electronic de- Boswell Granger McIntyre Sherman Taylor Wasserman vice, and there were—yeas 375, nays 0, Boucher Graves McKeon Shimkus Teague Schultz Boustany Grayson McMahon Shuler Terry Waters not voting 55, as follows: Boyd Green, Al McMorris Shuster Thompson (CA) Watson [Roll No. 222] Braley (IA) Green, Gene Rodgers Sires Thompson (MS) Watt Bright Griffith McNerney Skelton Thompson (PA) Waxman YEAS—375 Broun (GA) Guthrie Meek (FL) Slaughter Thornberry Welch Brown (SC) Hall (NY) Meeks (NY) Smith (NE) Tiberi Ackerman Davis (TN) Kilroy Westmoreland Brown-Waite, Hall (TX) Melancon Smith (NJ) Tierney Aderholt DeFazio Kind Whitfield Ginny Halvorson Mica Smith (TX) Titus Adler (NJ) DeGette King (IA) Wilson (OH) Buchanan Hare Michaud Smith (WA) Tonko Akin Delahunt King (NY) Burgess Harper Miller (FL) Snyder Tsongas Wilson (SC) Alexander DeLauro Kingston Burton (IN) Hastings (FL) Miller (MI) Space Turner Wittman Altmire Dent Kirkpatrick (AZ) Butterfield Hastings (WA) Miller (NC) Spratt Upton Wolf Andrews Deutch Klein (FL) Buyer Heinrich Miller, Gary Stark Van Hollen Wu Arcuri Diaz-Balart, L. Kline (MN) Calvert Heller Miller, George Stearns Vela´ zquez Yarmuth Austria Diaz-Balart, M. Kosmas Camp Hensarling Minnick Sullivan Visclosky Young (AK) Baca Dicks Kratovil Campbell Herger Mitchell Sutton Walden Bachmann Doggett Kucinich Cantor Herseth Sandlin Moore (KS) Bachus Donnelly (IN) Lamborn Capito Hill Moran (KS) NOT VOTING—60 Baird Doyle Lance Capps Himes Murphy (CT) Barrett (SC) Gohmert Moran (VA) Baldwin Dreier Langevin Cardoza Hinojosa Murphy (NY) Becerra Grijalva Neal (MA) Barrow Driehaus Larsen (WA) Carnahan Hirono Murphy, Patrick Berry Gutierrez Pascrell Bartlett Duncan Larson (CT) Carney Hodes Murphy, Tim Bishop (GA) Harman Price (GA) Barton (TX) Edwards (MD) Latham Carson (IN) Holden Myrick Brady (PA) Higgins Rohrabacher Bean Edwards (TX) LaTourette Carter Holt Nadler (NY) Brady (TX) Hinchey Ruppersberger Berkley Ehlers Latta Cassidy Honda Napolitano Brown, Corrine Hoekstra Rush Berman Ellison Lee (CA) Castle Hoyer Neugebauer Cao Inglis Ryan (OH) Biggert Ellsworth Lee (NY) Chaffetz Hunter Nunes Capuano Israel Sanchez, Loretta Bilbray Emerson Levin Chandler Inslee Nye Castor (FL) Johnson (IL) Shadegg Bilirakis Engel Lewis (CA) Childers Issa Oberstar Coble Kaptur Simpson Bishop (GA) Eshoo Lewis (GA) Chu Jackson (IL) Obey Costa Kilpatrick (MI) Souder Bishop (NY) Etheridge Linder Clarke Jackson Lee Olson Cummings Kirk Speier Bishop (UT) Farr LoBiondo Clay (TX) Olver Davis (AL) Kissell Stupak Blackburn Fattah Loebsack Cleaver Jenkins Ortiz Davis (IL) Kosmas Tiahrt Blumenauer Filner Lofgren, Zoe Clyburn Johnson (GA) Owens Dingell Lipinski Towns Blunt Flake Lowey Coffman (CO) Johnson, E. B. Pallone Fallin Mack Wamp Boccieri Forbes Lucas Cohen Johnson, Sam Pastor (AZ) Fleming Maffei Weiner Boehner Fortenberry Luetkemeyer Cole Jones Paul Fudge Mollohan Woolsey Bonner Foster Luja´ n Conaway Jordan (OH) Paulsen Gingrey (GA) Moore (WI) Young (FL) Bono Mack Foxx Lummis Connolly (VA) Kagen Payne Boozman Frank (MA) Lungren, Daniel Conyers Kanjorski Pence b 1858 Boren Franks (AZ) E. Cooper Kennedy Perlmutter Boswell Frelinghuysen Lynch Costello Kildee Perriello So (two-thirds being in the affirma- Boucher Gallegly Maloney Courtney Kilroy Peters tive) the rules were suspended and the Boustany Garamendi Manzullo Crenshaw Kind Peterson bill was passed. Boyd Garrett (NJ) Marchant Crowley King (IA) Petri Braley (IA) Gerlach Markey (CO) Cuellar King (NY) Pingree (ME) The result of the vote was announced Bright Giffords Markey (MA) Culberson Kingston Pitts as above recorded. Broun (GA) Gonzalez Marshall Dahlkemper Kirkpatrick (AZ) Platts A motion to reconsider was laid on Brown (SC) Goodlatte Matheson Davis (CA) Klein (FL) Poe (TX) the table. Brown-Waite, Gordon (TN) Matsui Davis (KY) Kline (MN) Polis (CO) Ginny Granger McCarthy (CA) Davis (TN) Kratovil Pomeroy f Buchanan Graves McCarthy (NY) DeFazio Kucinich Posey Burgess Grayson McCaul DeGette Lamborn Price (NC) SENATE ENROLLED BILL SIGNED Burton (IN) Green, Al McClintock Delahunt Lance Putnam Butterfield Green, Gene McCollum DeLauro Langevin Quigley The Speaker announced her signa- Buyer Griffith McCotter Dent Larsen (WA) Radanovich ture to an enrolled bill of the Senate of Calvert Guthrie McDermott Deutch Larson (CT) Rahall the following title: Camp Hall (NY) McGovern Diaz-Balart, L. Latham Rangel Campbell Hall (TX) McHenry Diaz-Balart, M. LaTourette Rehberg S. 1963. An act to amend title 38, United Cantor Halvorson McIntyre Dicks Latta Reichert States Code, to provide assistance to care- Capito Hare McKeon Doggett Lee (CA) Reyes givers of veterans, to improve the provision Capps Harper McMahon Donnelly (IN) Lee (NY) Richardson of health care to veterans, and for other pur- Cardoza Hastings (FL) McMorris Doyle Levin Rodriguez poses. Carnahan Hastings (WA) Rodgers Dreier Lewis (CA) Roe (TN) Carney Heinrich McNerney Driehaus Lewis (GA) Rogers (AL) f Carson (IN) Heller Meek (FL) Duncan Linder Rogers (KY) Carter Hensarling Meeks (NY) Edwards (MD) LoBiondo Rogers (MI) HONORING THE LIFE AND ACCOM- Cassidy Herger Melancon Edwards (TX) Loebsack Rooney PLISHMENTS OF SAM HOUSTON Castle Herseth Sandlin Mica Ehlers Lofgren, Zoe Ros-Lehtinen Chaffetz Hill Michaud Ellison Lowey Roskam The SPEAKER pro tempore. Without Chandler Himes Miller (FL) Ellsworth Lucas Ross objection, 5-minute voting will con- Childers Hinojosa Miller (MI) Emerson Luetkemeyer Rothman (NJ) tinue. Chu Hirono Miller (NC) Engel Luja´ n Roybal-Allard Clarke Hodes Miller, Gary Eshoo Lummis Royce There was no objection. Clay Holden Miller, George Etheridge Lungren, Daniel Ryan (WI) The SPEAKER pro tempore. The un- Cleaver Holt Minnick Farr E. Salazar finished business is the vote on the mo- Clyburn Honda Mitchell Fattah Lynch Sa´ nchez, Linda Coffman (CO) Hoyer Moore (KS) Filner Maloney T. tion to suspend the rules and agree to Cohen Hunter Moran (KS) Flake Manzullo Sarbanes the resolution, H. Res. 1103, as amend- Cole Inslee Murphy (CT) Forbes Marchant Scalise ed, on which the yeas and nays were or- Conaway Issa Murphy (NY) Fortenberry Markey (CO) Schakowsky dered. Connolly (VA) Jackson (IL) Murphy, Patrick Foster Markey (MA) Schauer Conyers Jackson Lee Murphy, Tim Foxx Marshall Schiff The Clerk read the title of the resolu- Cooper (TX) Myrick Frank (MA) Matheson Schmidt tion. Costa Jenkins Nadler (NY) Franks (AZ) Matsui Schock The SPEAKER pro tempore. The Costello Johnson (GA) Napolitano Frelinghuysen McCarthy (CA) Schrader Courtney Johnson, E. B. Neugebauer Gallegly McCarthy (NY) Schwartz question is on the motion offered by Crenshaw Johnson, Sam Nunes Garamendi McCaul Scott (GA) the gentleman from Massachusetts Crowley Jones Nye Garrett (NJ) McClintock Scott (VA) (Mr. LYNCH) that the House suspend Cuellar Jordan (OH) Oberstar Gerlach McCollum Sensenbrenner the rules and agree to the resolution, Culberson Kagen Obey Giffords McCotter Serrano Dahlkemper Kanjorski Olson Gonzalez McDermott Sessions H. Res. 1103, as amended. Davis (CA) Kennedy Olver Goodlatte McGovern Sestak This will be a 5-minute vote. Davis (KY) Kildee Ortiz

VerDate Mar 15 2010 10:25 Jun 20, 2013 Jkt 089102 PO 00000 Frm 00007 Fmt 0688 Sfmt 0634 E:\BR10\H26AP0.000 H26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 6286 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 5 April 26, 2010 Owens Roybal-Allard Stearns The SPEAKER pro tempore. The Minnick Reyes Smith (WA) Pallone Royce Sullivan question is on the motion offered by Mitchell Richardson Snyder Pastor (AZ) Ryan (OH) Sutton Moore (KS) Rodriguez Space Paul Ryan (WI) Tanner the gentleman from Massachusetts Moran (KS) Roe (TN) Speier Paulsen Salazar Taylor (Mr. LYNCH) that the House suspend Murphy (CT) Rogers (AL) Spratt Payne Sa´ nchez, Linda Teague the rules and pass the bill, H.R. 4861. Murphy (NY) Rogers (KY) Stark Pence T. Terry Murphy, Patrick Rogers (MI) Stearns Perlmutter Sarbanes Thompson (CA) This will be a 5-minute vote. Murphy, Tim Rooney Sullivan Perriello Scalise Thompson (MS) The vote was taken by electronic de- Myrick Ros-Lehtinen Sutton Peters Schakowsky Thompson (PA) vice, and there were—yeas 371, nays 0, Nadler (NY) Roskam Tanner Peterson Schauer Thornberry not voting 59, as follows: Napolitano Ross Taylor Petri Schiff Tiberi Neugebauer Rothman (NJ) Teague Pingree (ME) Schmidt Tierney [Roll No. 223] Nunes Roybal-Allard Terry Pitts Schock Titus Nye Royce YEAS—371 Thompson (CA) Platts Schrader Tonko Oberstar Ryan (OH) Thompson (MS) Poe (TX) Schwartz Tsongas Ackerman Crowley Jackson Lee Obey Ryan (WI) Thompson (PA) Polis (CO) Scott (GA) Turner Aderholt Cuellar (TX) Olver Salazar Thornberry Pomeroy Scott (VA) Upton Adler (NJ) Culberson Jenkins Ortiz Sa´ nchez, Linda Tiberi Posey Sensenbrenner Van Hollen Akin Dahlkemper Johnson (GA) Owens T. Tierney Price (NC) Serrano Vela´ zquez Alexander Davis (CA) Johnson, E. B. Pallone Sarbanes Titus Putnam Sessions Visclosky Altmire Davis (KY) Johnson, Sam Pastor (AZ) Scalise Quigley Sestak Walden Andrews Davis (TN) Jones Paul Schakowsky Tonko Radanovich Shea-Porter Walz Arcuri DeFazio Jordan (OH) Paulsen Schauer Tsongas Rahall Sherman Wasserman Austria DeGette Kagen Payne Schiff Turner Rangel Shimkus Schultz Baca Delahunt Kanjorski Pence Schmidt Upton Rehberg Shuler Waters Bachmann DeLauro Kennedy Perlmutter Schock Van Hollen Reichert Shuster Watson Bachus Dent Kildee Perriello Schrader Vela´ zquez Reyes Sires Watt Baird Deutch Kilroy Peters Schwartz Visclosky Richardson Skelton Waxman Baldwin Diaz-Balart, L. Kind Peterson Scott (GA) Walden Rodriguez Slaughter Welch Barrow Diaz-Balart, M. King (IA) Petri Scott (VA) Walz Roe (TN) Smith (NE) Westmoreland Bartlett Dicks King (NY) Pingree (ME) Sensenbrenner Wasserman Rogers (AL) Smith (NJ) Whitfield Barton (TX) Doggett Kingston Pitts Serrano Schultz Rogers (KY) Smith (TX) Wilson (OH) Bean Donnelly (IN) Kirkpatrick (AZ) Platts Sessions Watson Rogers (MI) Smith (WA) Wilson (SC) Berkley Doyle Klein (FL) Poe (TX) Sestak Watt Rooney Snyder Wittman Berman Dreier Kline (MN) Polis (CO) Shea-Porter Waxman Ros-Lehtinen Space Wolf Biggert Driehaus Kosmas Pomeroy Sherman Welch Roskam Speier Wu Bilbray Duncan Kratovil Posey Shimkus Westmoreland Ross Spratt Yarmuth Bilirakis Edwards (MD) Kucinich Price (NC) Shuler Whitfield Rothman (NJ) Stark Young (AK) Bishop (GA) Edwards (TX) Lamborn Putnam Shuster Wilson (OH) Bishop (NY) Ehlers Lance Quigley Sires Wilson (SC) NOT VOTING—55 Bishop (UT) Ellison Langevin Radanovich Skelton Wittman Barrett (SC) Grijalva Neal (MA) Blackburn Ellsworth Larsen (WA) Rahall Slaughter Wolf Becerra Gutierrez Pascrell Blumenauer Emerson Larson (CT) Rangel Smith (NE) Wu Berry Harman Price (GA) Blunt Engel Latham Rehberg Smith (NJ) Yarmuth Brady (PA) Higgins Rohrabacher Boccieri Eshoo LaTourette Reichert Smith (TX) Young (AK) Brady (TX) Hinchey Boehner Etheridge Latta Ruppersberger NOT VOTING—59 Brown, Corrine Hoekstra Rush Bonner Farr Lee (CA) Bono Mack Fattah Lee (NY) Cao Inglis Sanchez, Loretta Barrett (SC) Gohmert Neal (MA) Boozman Filner Levin Capuano Israel Shadegg Becerra Grijalva Olson Castor (FL) Johnson (IL) Boren Flake Lewis (CA) Berry Gutierrez Simpson Pascrell Coble Kaptur Boswell Forbes Lewis (GA) Brady (PA) Harman Souder Price (GA) Cummings Kilpatrick (MI) Boucher Fortenberry Linder Brady (TX) Higgins Stupak Rohrabacher Davis (AL) Kirk Boustany Foster LoBiondo Brown, Corrine Hinchey Ruppersberger Tiahrt Boyd Foxx Loebsack Davis (IL) Kissell Buyer Hoekstra Rush Dingell Towns Braley (IA) Frank (MA) Lofgren, Zoe Lipinski Cao Inglis Sanchez, Loretta Fallin Mack Wamp Bright Frelinghuysen Lowey Capuano Israel Shadegg Fleming Maffei Weiner Broun (GA) Gallegly Lucas Castor (FL) Johnson (IL) Simpson Fudge Mollohan Woolsey Brown (SC) Garamendi Luetkemeyer Coble Kaptur Souder Gingrey (GA) Moore (WI) Young (FL) Brown-Waite, Garrett (NJ) Luja´ n Cummings Kilpatrick (MI) Gohmert Moran (VA) Ginny Gerlach Lummis Davis (AL) Kirk Stupak Buchanan Giffords Lungren, Daniel Davis (IL) Kissell Tiahrt ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Burgess Gonzalez E. Dingell Lipinski Towns The SPEAKER pro tempore (during Burton (IN) Goodlatte Lynch Fallin Mack Wamp the vote). Members are advised there Butterfield Gordon (TN) Maloney Fleming Maffei Waters Calvert Granger Manzullo Franks (AZ) Mollohan Weiner are 2 minutes left to vote. Camp Graves Marchant Fudge Moore (WI) Woolsey Campbell Grayson Markey (CO) Gingrey (GA) Moran (VA) Young (FL) b 1907 Cantor Green, Al Markey (MA) So (two-thirds being in the affirma- Capito Green, Gene Marshall ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE tive) the rules were suspended and the Capps Griffith Matheson The SPEAKER pro tempore (during Cardoza Guthrie Matsui resolution, as amended, was agreed to. Carnahan Hall (NY) McCarthy (CA) the vote). There are 2 minutes left to The result of the vote was announced Carney Hall (TX) McCarthy (NY) vote. Carson (IN) Halvorson McCaul as above recorded. b 1914 The title of the resolution was Carter Hare McClintock Cassidy Harper McCollum So (two-thirds being in the affirma- amended so as to read: ‘‘Honoring the Castle Hastings (FL) McCotter life and accomplishments of Sam Hous- Chaffetz Hastings (WA) McDermott tive) the rules were suspended and the ton for his historical contributions to Chandler Heinrich McGovern bill was passed. Childers Heller McHenry The result of the vote was announced the expansion of the United States.’’. Chu Hensarling McIntyre A motion to reconsider was laid on Clarke Herger McKeon as above recorded. the table. Clay Herseth Sandlin McMahon A motion to reconsider was laid on Cleaver Hill McMorris the table. f Clyburn Himes Rodgers Coffman (CO) Hinojosa McNerney f STEVE GOODMAN POST OFFICE Cohen Hirono Meek (FL) BUILDING Cole Hodes Meeks (NY) PERSONAL EXPLANATION Conaway Holden Melancon The SPEAKER pro tempore. The un- Connolly (VA) Holt Mica Ms. KILPATRICK of Michigan. Madam finished business is the vote on the mo- Conyers Honda Michaud Speaker, I was unable to attend to several tion to suspend the rules and pass the Cooper Hoyer Miller (FL) votes today. Had I been present, I would have bill, H.R. 4861, on which the yeas and Costa Hunter Miller (MI) voted ‘‘aye’’ on final passage of H.R. 4543, Costello Inslee Miller (NC) nays were ordered. Courtney Issa Miller, Gary ‘‘aye’’ on final passage of H. Res. 1103, and The Clerk read the title of the bill. Crenshaw Jackson (IL) Miller, George ‘‘aye’’ on final passage of H.R. 4861.

VerDate Mar 15 2010 10:25 Jun 20, 2013 Jkt 089102 PO 00000 Frm 00008 Fmt 0688 Sfmt 9920 E:\BR10\H26AP0.000 H26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 26, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 5 6287 PERSONAL EXPLANATION citizens residing in Puerto Rico to ex- law. Not surprisingly, they found that Mr. GUTIERREZ. Madam Speaker, I was press their opinion on the territory’s costs will increase and access to care unavoidably absent for votes in the House political status. This bill does not ex- will be threatened as this legislation is clude any viable status option nor does implemented over the next 10 years. Chamber today. I would like the RECORD to show that, had I been present, I would have it provide for a change in status to be According to the independent report, voted ‘‘yea’’ on rollcall votes 221, 222, and automatically implemented. Instead, ‘‘Providers for whom Medicare con- 223. the bill initiates a long overdue process stitutes a substantive portion of their of consultation with the U.S. citizens business could find it difficult to re- f of Puerto Rico. main profitable and, absent legislative ARIZONA’S IMMIGRATION LAW I urge my colleagues to join me in intervention, might end their partici- supporting the Puerto Rico Democracy pation in the program—possibly jeop- (Mr. BACA asked and was given per- Act when it comes to a vote later this ardizing access to care for bene- mission to address the House for 1 week. ficiaries.’’ Put simply, the new law will minute.) force many doctors to stop seeing Mr. BACA. Madam Speaker, last Fri- f Medicare patients, leaving seniors in day, Arizona State Governor Jan Brew- REMOVAL OF NAME OF MEMBER my district out in the cold. er signed into law Arizona State bill AS COSPONSOR OF H.R. 4753 Additionally, the report claims that 1070 which would require police officers ‘‘total national health expenditures in to act on ‘‘reasonable suspicion’’ to de- Mr. JOHNSON of Georgia. Madam the United States during 2010 to 2019 termine a person’s immigration status Speaker, I ask unanimous consent to would increase by about 0.9 percent. and turn them over to ICE. President remove myself as a cosponsor of H.R. The additional demand for health serv- Obama referred to the law as ‘‘mis- 4753, the Stationary Source Regula- ices could lead to price increases, cost- guided.’’ tions Delay Act. shifting, and/or changes in providers’ Forcing Federal immigration duties The SPEAKER pro tempore. Is there willingness to treat patients with low- onto local law enforcement officers is objection to the request of the gen- reimbursement health coverage.’’ not the right way to fix the broken im- tleman from Georgia? The new health care law will drive up migration system. It violates the pre- There was no objection. costs and make it more difficult for sumption of innocence granted to ev- f many Americans, especially seniors, to eryone by the Constitution of the get the care they need. United States. OCCUPATIONAL THERAPY MONTH In fact, I as a Member of Congress be- (Mr. MCNERNEY asked and was f cause of the color of my skin may be given permission to address the House REMEMBERING SERGEANT JASON approached in Arizona and be asked for for 1 minute.) A. SANTORA my legal documentation. They may Mr. MCNERNEY. Madam Speaker, I (Mr. BISHOP of New York asked and question whether it’s authentic or not rise to recognize April as Occupational was given permission to address the authentic. Therapy Month, an important occasion House for 1 minute.) This law is unjust and will only lead to acknowledge the contributions that Mr. BISHOP of New York. Madam to an increase in racial profiling. We occupational therapists and occupa- Speaker, I rise with a heavy heart fol- must never forget that America was a tional therapy assistants make every lowing the loss of Army Sergeant nation founded by immigrants. day to help people live healthier lives. Jason A. Santora, who was killed this I call on all of us to consider a na- Occupational therapy professionals past Friday fighting Taliban insur- tional boycott of all industries in Ari- work tirelessly with people of all ages gents in Afghanistan. zona and to a wear a band on our to them prevent injuries, recover after Sergeant Santora was from sleeves to protest against this unjust an accident, and adjust their lives to Farmingville, New York, in my district law and to show that this is not the new physical challenges they may ex- of eastern Long Island. He graduated American way. We must not tolerate perience. In my home State, occupa- from Sachem High School in 2003 and unjust laws inspired by racism and tional therapy professionals provide es- joined the Army in 2006, becoming a hate. sential health and rehabilitation serv- member of the elite Army Rangers. f ices to thousands of Californians each He was assigned to the 3rd Battalion, year. In facilities throughout my dis- 75th Ranger Regiment at Fort Benning. IN SUPPORT OF H.R. 2499, THE trict like Lodi Memorial Hospital and Although only 25 years old, he was PUERTO RICO DEMOCRACY ACT the Kaiser Foundation Hospital in serving his fourth tour of duty. He (Ms. ROS-LEHTINEN asked and was Manteca, skilled occupational therapy served two in Iraq and was 2 months given permission to address the House practitioners help my constituents into his second tour as a team leader in for 1 minute and to revise and extend achieve functional independence every Afghanistan’s Logar Province. her remarks.) day. Sergeant Santora’s unit was on a Ms. ROS-LEHTINEN. Madam Speak- I ask my colleagues to join me in mission to target a compound believed er, on Wednesday, the House will con- supporting April as Occupational Ther- to be a Taliban terror nest when it was sider H.R. 2499, the Puerto Rico Democ- apy Month and in applauding the work ambushed from multiple directions by racy Act. I am proud to support this bi- of occupational therapists and occupa- heavy machine-gun fire. He died of partisan bill which would allow the tional therapy assistants throughout wounds sustained in that gunfire and residents of Puerto Rico the oppor- the country. was posthumously awarded the Purple tunity to voice their opinions on the f Heart, Bronze Star and Meritorious status of the island’s relationship to Service Medal. The commanding officer the mainland, to the United States, ASSESSING NEW HEALTH CARE of the 75th Ranger Regiment honored through a federally sanctioned plebi- LAW his courage by describing Sergeant scite. (Mr. ROONEY asked and was given Santora as a warrior, a true patriot, Nearly 4 million U.S. citizens cur- permission to address the House for 1 and an absolute hero who made the ul- rently reside in Puerto Rico and my minute and to revise and extend his re- timate sacrifice in defense of our Na- congressional district in South Florida marks.) tion. is home to nearly 20,000 American citi- Mr. ROONEY. Madam Speaker, last Madam Speaker, during the difficult zens of Puerto Rican descent. week the Centers for Medicare and days ahead, my thoughts and prayers Although Puerto Rico has been a U.S. Medicaid Services’ Office of the Actu- are with Sergeant Santora’s family— territory for more than 100 years, Con- ary released a memo estimating the fi- his father, Gary; his mother, Theresa; gress has never asked those American nancial effects of the new health care and his sister, Gina. On behalf of New

VerDate Mar 15 2010 10:25 Jun 20, 2013 Jkt 089102 PO 00000 Frm 00009 Fmt 0688 Sfmt 0634 E:\BR10\H26AP0.000 H26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 6288 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 5 April 26, 2010 York’s First Congressional District, I we are as northeast Ohioans. Fans can Last week I visited the Naval Acad- thank Sergeant Santora for his service, listen to their favorite teams in the emy in Annapolis, Maryland, and met his gallantry, and his selfless commit- car, or as I like to do, turn down the with 10 amazing, intense midshipmen ment. A grateful nation will always re- television and listen to WHBC’s play- from my congressional district in member his sacrifice and honor his by-play. I listen to WHBC because it’s Texas. The remarkable class of 2010 is memory. a quality radio station and has main- expected to graduate over a thousand f tained that standard for 85 years. midshipmen, but only 27 will be se- Congratulations. lected for the SEALs program. NATIONAL AUTISM AWARENESS Our SEALs are the best that we have. MONTH f We are forever indebted to these great REPORT ON HEALTH CARE (Mr. PAULSEN asked and was given warriors for their service to American REFORM LEGISLATION permission to address the House for 1 freedom. We should give the Navy minute.) (Mr. THOMPSON of Pennsylvania SEALs that captured Abed medals and Mr. PAULSEN. Madam Speaker, I asked and was given permission to ad- send them out there to capture another rise today because April is National dress the House for 1 minute and to re- one. Autism Awareness Month. Autism af- vise and extend his remarks.) And that’s just the way it is. fects nearly one in every 110 children Mr. THOMPSON of Pennsylvania. born in the United States and is the Madam Speaker, throughout the health f fastest growing developmental dis- care reform debate, I focused on four ability. tenets. We needed to improve afford- ARIZONA’S IMMIGRATION LAW With approximately 1.5 million ability, access, quality and choice. I Americans currently living with au- said when the bill passed that it did (Mr. BURTON of Indiana asked and tism, we have a responsibility to sup- not fulfill those requirements. was given permission to address the port research and provide resources to It gives me no pleasure to show you House for 1 minute.) support those living with autism. Stud- where the actuary report for the Cen- Mr. BURTON of Indiana. Madam ies have shown that early diagnosis ters for Medicare and Medicaid Serv- Speaker, what are the people in Ari- and treatment can lead to better out- ices agrees with me. zona supposed to do? What are the peo- comes for children with autism. In Affordability. ‘‘By 2011 and 2012, the ple in Texas supposed to do? Or New fact, early identification and treat- initial $5 billion in Federal funding for Mexico? ment can help reduce the symptoms of high risk pools will be exhausted, re- I hear this rhetoric on the floor here autism, increase progress for children sulting in substantial premium in- about how the law in Arizona is uncon- as they enter school and reduce the creases to sustain the program.’’ stitutional. I’ve looked at that. I don’t need for more intensive support in the Access. The report projected that think its unconstitutional. And I think future. Medicare cuts would drive about 15 per- they have an obligation to protect the But to do that, we must work hard to cent of hospitals and other institu- people of Arizona from the drug terror- increase the awareness of autism tional providers into the red, ‘‘possibly ists that are coming across the border across the country. That’s why I’m jeopardizing access’’ to care for sen- in droves. They’re bringing drugs ille- proud to be an original cosponsor of iors. gally into the United States. We’ve got House Resolution 1033, which officially Quality. Some 18 million uninsured illegal aliens coming across in droves designates April as Autism Awareness are estimated to go on Medicaid for in the Arizona area into the United Month. I look forward to working with their primary coverage, which will fail States and the government of the my colleagues in the days and months to provide meaningful access. United States is doing absolutely noth- ahead on both sides of the aisle to And finally, Choice. ‘‘We estimate ing. bringing awareness to this important that in 2017, when the provisions will The border between us and Mexico is effort going forward. be fully phased in, enrollment in Medi- 1,980 miles long. We’ve talked about se- f care Advantage plans will be lower by curing that border for a long time, and about 50 percent.’’ we have not done it. Those border RECOGNIZING 85TH ANNIVERSARY If you chose Medicare Advantage, States have to deal with this on a daily OF WHBC RADIO half of you will be out of luck. basis and the law enforcement agencies (Mr. BOCCIERI asked and was given f down there have a Herculean job to permission to address the House for 1 deal with. minute and to revise and extend his re- TWO SEALS NOT GUILTY—THIRD And so I would just like to say to my marks.) SHOULD BE ACQUITTED TOO colleagues, I don’t think it’s racial Mr. BOCCIERI. Madam Speaker, I (Mr. POE of Texas asked and was profiling for them to stop people that rise today in recognition of the 85th given permission to address the House they suspect of being here illegally who anniversary of WHBC-AM Radio, the for 1 minute.) may be dealing in drug trafficking and oldest radio station in Stark County Mr. POE of Texas. Madam Speaker, who may be threatening the lives of and Canton, Ohio. two of our three Navy SEALs respon- people down there because the crime Founded in 1925, WHBC was the first sible for catching one of the worst ter- rate is going out of sight. Let’s support Catholic station in the country. It rorists in the world—Ahmed Hasim the people of Arizona and the law en- later changed formats and quickly be- Abed—have been acquitted of all al- forcement people down there. They came one of the shining, trusted voices leged assault charges related to the have a right to make sure that they’re of northeast Ohio. In the golden age of terrorist’s capture. safe. broadcasting, parents and children Abed planned the 2004 ambush and would gather around the radio and lis- murder of four Blackwater security f ten to WHBC. guards in Fallujah, Iraq. These Ameri- Bing Crosby’s music was soothing cans were set on fire, mutilated, b 1930 and simple. Dragnet was exciting and dragged through the streets and hung fun. A father and son could listen to a from a bridge over the Euphrates ball game and the Indians win their River. SPECIAL ORDERS last World Series in 1948. Our SEALs captured this crybaby The SPEAKER pro tempore. Under Today, WHBC is as diverse a station terrorist. He later accused them of the Speaker’s announced policy of Jan- as the citizens of northeast Ohio. punching him. Two SEALs have been uary 6, 2009, and under a previous order WHBC gives people the facts, and its acquitted—the other should be acquit- of the House, the following Members programming gets to the heart of who ted as well. will be recognized for 5 minutes each.

VerDate Mar 15 2010 10:25 Jun 20, 2013 Jkt 089102 PO 00000 Frm 00010 Fmt 0688 Sfmt 0634 E:\BR10\H26AP0.000 H26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 26, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 5 6289 GEERT WILDERS AND NOW So much for freedom of the press and Commissioner Shulman walked ‘‘SOUTH PARK’’ ARE DENIED freedom of speech. through the service and disclosures FREEDOM OF SPEECH Now the threats of violence are provided by the IRS during tax prepa- The SPEAKER pro tempore. Under a spreading to the United States. The ration season. He described outreach previous order of the House, the gen- popular animated TV program ‘‘South being performed on many levels to aid tleman from Texas (Mr. POE) is recog- Park’’ insults everybody. It’s a comedy small businesses in complying with the nized for 5 minutes. program that uses satire to make so- convoluted tax system they faced as Mr. POE of Texas. Madam Speaker, cial statements. ‘‘South Park’s’’ cre- American job creators. freedom of speech is under attack in ators, Matt Stone and Trey Parker, did While the IRS has a responsibility to the West today, brought to you by the a series of episodes that insulted var- use its funding to conduct outreach same radical Islamic terrorists who use ious world religions, including Islam. and facilitate voluntary compliance religion to kill in the name of hate. The 200th episode broadcast depicted with tax laws, it’s Congress that has I’ve talked about Dutch lawmaker all the founders of the major religions. the responsibility to hear the calls of Geert Wilders, who is on trial in Am- Mohammed was dressed in a bear suit America’s small businesses for more sterdam for insulting Islam. You see, because Islam forbids its followers to streamlined and simplified tax regula- he made a documentary movie about depict the religion’s founders. tions. real terrorist acts and real radical Is- One radical Islamic Web site called The outreach and disclosure by the lamic clerics encouraging violence in ‘‘Revolutionary Muslim’’ is upset IRS is certainly helpful. However, I the name of hate. Instead of being about the program, so they issued would prefer to see it become less nec- grateful for shining a light on this threats saying ‘‘South Park’’ creators essary. If America’s small business problem, the Dutch Government is put- Stone and Parker would end up like owners were not spending so much val- ting Geert Wilders on trial. He is Theo van Gogh, in other words, dead. uable time deciphering codes and regu- charged with discrimination and in- And they put up the crime scene lations, they could be growing their citement to hatred, all for showing the photos of van Gogh with his throat slit businesses to earn profits, create jobs, world how radical Islamic clerics dis- and a knife protruding from his chest. and lead America back to prosperity criminate and incite people to hatred. They also gave out the TV network ad- just as they have always done through Wilders spoke the truth, and he got dress of Comedy Central in New York, past recessions. Less time spent com- charged with a crime in his own coun- addresses for Parker and Stone’s Los plying with the Tax Code would in- try. Angeles production company, and their crease tax revenue by allowing small The Dutch Ministry of Justice says it residences. The radical Web site said businesses to focus more time on run- doesn’t matter if Wilders was telling they published the addresses so people ning their businesses, meanwhile sav- the truth. The Dutch court says it’s ir- could go out there and protest. Yeah, ing the IRS time and money in out- relevant whether Wilders’ assertions right. reach and instruction on their intri- actually are correct. What is relevant The trouble is we have seen world- cate rules and requirements for every to the court is Wilders cannot speak wide how these radicals protest. They small business in America. freely about radical Islam because it kill people. Because of the threats of I hope that by April of next year Con- might offend somebody. In the Nether- violence and fear for the safety of ev- gress can find the time to work on be- lands the truth is no longer welcome in eryone from the receptionist to the se- half of America’s small businesses and a court of law. ries creators, Comedy Central censored simplify the Tax Code. Geert Wilders now lives under a and spiked a follow-up program. Free f threat of a 5-year prison sentence from speech was intimidated again by rad- VISIT TO WALTER REED ARMY his own government for freedom of ical Islamics. These terrorists are MEDICAL CENTER AND BE- speech for the right to tell the truth. being handed veto power over free THESDA NAVAL HOSPITAL WITH His trial is set to resume in July, the speech through threats of violence and JEROME AND RACHEL LEE AND trial where the Dutch court says truth murder. LEX doesn’t matter. It only matters if No charges have been brought in the Wilders’ words hurt somebody’s feel- United States against the author of The SPEAKER pro tempore. Under a ings. You see, Dutch law is intolerant these radical Islamic Web sites. Mean- previous order of the House, the gen- of people who are intolerant of violence while, Geert Wilders is still on trial in tleman from North Carolina (Mr. in the name of Islam. And that’s a rec- the Netherlands for warning the world JONES) is recognized for 5 minutes. ipe for disaster. By denying free, truth- about these haters for speaking the Mr. JONES. Madam Speaker, on ful speech, the Dutch Government by truth. April 12 of this year I had the honor its actions is encouraging radicals to And that’s just the way it is. and privilege of visiting the wounded incite violence worldwide. f warriors at Walter Reed Army Medical Dutch filmmaker Theo van Gogh, Center and Bethesda Naval Hospital grandnephew of the legendary artist SIMPLIFY THE TAX CODE with Jerome and Rachel Lee and their Vincent van Gogh, also made a film the The SPEAKER pro tempore. Under a dog Lex. The Lees’ son Dustin, a ma- radical clerics didn’t like. His was previous order of the House, the gen- rine, was killed in Iraq in 2005. Lex was about Islam’s harsh treatment of tleman from Pennsylvania (Mr. ALT- his military working dog and was se- women and how they brutalized women MIRE) is recognized for 5 minutes. verely injured in the attack. and used them as property. The result, Mr. ALTMIRE. Madam Speaker, I The Lees are a remarkable family. van Gogh was murdered in the streets rise tonight to speak on behalf of They continue to visit the wounded of Amsterdam as he rode his bicycle to America’s small business owners and warriors that return from Iraq and Af- work. His partner in the film, now a small business owners in western Penn- ghanistan. This is how they remember former member of Parliament, fled the sylvania who have recently finished fil- their son. And they gave for this coun- country in fear. ing their taxes with the Federal Gov- try a very special young man. The Kurt Westergaard is one of the 12 art- ernment and have struggled over the interaction between Lex and the ists who drew a satirical cartoon about past year to provide goods, services, wounded was amazing. To see these the prophet Mohammed. So radical and jobs during this recession. brave men and women smile at the clerics incited their followers to mur- As we all know, April is tax month sight of Lex was truly a touching expe- der people in the streets around the for American citizens. And as a mem- rience for me personally. Lex is one of globe. Most of the clerics admitted ber of the Small Business Committee, I them and continues to fight through later they had never seen the Moham- had the opportunity to hear testimony his injuries. The shrapnel still lies in med cartoons. And Westergaard now by Internal Revenue Service Commis- his back. In fact, Lex has been awarded lives in hiding under an armed guard. sioner Douglas Shulman on April 14. the Purple Heart.

VerDate Mar 15 2010 10:25 Jun 20, 2013 Jkt 089102 PO 00000 Frm 00011 Fmt 0688 Sfmt 0634 E:\BR10\H26AP0.000 H26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 6290 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 5 April 26, 2010 The Lees also had a wonderful experi- island’s political status. H.R. 2499 au- option by the U.S. Department of Jus- ence meeting retired United States thorizes the Government of Puerto tice, by the State Department, by the Senator Bob Dole as he was recovering Rico to conduct an initial plebiscite. Clinton administration, and by the from an accident. Senator Dole was Eligible voters would be asked whether Bush administration. kind enough to invite the Lee family they wish to maintain the current po- Another misguided concern sur- into his room at Walter Reed and speak litical status or to have a different sta- rounding H.R. 2499 is that the bill fails with them for several minutes. It was tus. If the majority favors the current to include an ‘‘English only’’ provision. truly remarkable as I watched former status, then the Government of Puerto It is premature to discuss this matter Senator Dole, a war hero himself, as he Rico would be authorized to ask voters until the conclusion of the first and pet and bonded with Lex. this question again at 8-year intervals. second plebiscites. H.R. 2499 does not I would like to thank the Humane On the other hand, if a majority of the require Congress to admit Puerto Rico Society, who sponsored this trip for the voters favor a different status, the as a State nor even to set the state- Lee family, Connie Whitfield, wife of Government of Puerto Rico would be hood process in motion if a majority of United States Congressman ED WHIT- authorized to conduct a second plebi- voters ultimately chooses statehood. If FIELD, who joined us on this tour. scite among the three nonterritorial the people of Puerto Rico express a They, Mrs. Whitfield, and the United status options recognized under U.S. preference for statehood and if Con- States Humane Society, went above and international law. gress is inclined to act upon that pref- and beyond for this family. What are those three options? They erence, further Federal legislation There are many other people to are, number one, independence; two, would be required. That legislation and thank, but I would like to especially statehood; and, three, sovereignty in not H.R. 2499 would be the appropriate thank my dear friend Major General association with the U.S., which is vehicle in which to address any poten- Mike Regner, who was very instru- commonly known as free association. tial language-related condition on mental in uniting the Lees and Lex. Opponents of this bill, of H.R. 2499, Puerto Rico’s accession to statehood. Major General Regner is currently contend that the two-step process I would like now to change focus and serving in Afghanistan, but I would stacks the deck against the current to highlight the overwhelming bipar- like to note that he was remembered status and in favor of statehood. This tisan support behind H.R. 2499. Intro- during the Lees’ visit at Bethesda and is simply not the case, Madam Speak- duced by the Resident Commissioner, Walter Reed. And the family is very er. H.R. 2499 does not exclude nor favor this bill enjoys the backing of more than 180 cosponsors from both political grateful to him. Major General Regner any status option. Under this legisla- parties, and it is strongly supported by helped them adopt Lex, their son’s best tion, the purpose of the first plebiscite Puerto Rico Governor Luis Fortuno, a friend and partner. is clear: to inform Congress whether former House colleague, who intro- Madam Speaker, because of that trip the majority of Puerto Ricans consent duced similar versions of this bill in that I took with the Lees to Bethesda to the current political status. and Walter Reed, and the number of the past. This bill is also endorsed by b 1945 young men and women both at Walter numerous leaders in the Puerto Rican legislature and local government, in- Reed and Bethesda who have been se- Only if a majority of voters expresses cluding the Speaker of the House of verely wounded for this country, I its desire to change the current status Representatives, the President of the would like to close, as I normally do on is a second vote mandated on the three Senate, and many other local officials. the floor of the House, I would ask God alternatives: independence, statehood, and free association. Given the strong support, Madam to please bless our men and women in Speaker, I hope that my colleagues will uniform. I will ask God to please bless This two-step process was rec- ommended by the President’s task join me in supporting this bill when it the families of our men and women in comes to a floor vote later this week. uniform. I will ask God in His loving force on Puerto Rico’s status. This arms to hold the families who have task force was initiated under the Clin- f given a child dying for freedom in Af- ton administration, and it was final- PASS COMPREHENSIVE ghanistan and Iraq. And I will ask God ized by the Bush administration. The IMMIGRATION REFORM NOW to please bless the House and Senate task force called upon the expertise of The SPEAKER pro tempore. Under a here in Washington that we would do 16 Federal agencies in recommending a previous order of the House, the gentle- fair process for consulting with the what is right in the eyes of God for to- woman from Texas (Ms. JACKSON LEE) day’s generation, but also tomorrow’s U.S. citizens of Puerto Rico. is recognized for 5 minutes. generation. I will ask God to give Opponents of H.R. 2499 propose that Ms. JACKSON LEE of Texas. Madam strength, wisdom, and courage to the option of an enhanced common- Speaker, over this weekend, the Gov- President Obama that he will do what wealth should be included as a status ernor of Arizona raised up the idea of is right in the eyes of God for today’s option during the second plebiscite. prayer, and in her remarks, she indi- generation and tomorrow’s generation. Well, this enhanced commonwealth, as cated that she prayed for strength and Madam Speaker, I will ask three envisioned by the bill’s detractors, per- that she prayed for our State. times, God, please, God, please, God, petuates the false hope that Puerto I rise today to pray for Arizona, for please continue to bless America. Ricans can have the best of both this Nation, and for those who would f worlds: think a law that was signed by the Ari- They can have U.S. citizenship and zona Governor raises any level of con- DISPELLING THE MYTHS national sovereignty; stitutionality. Yet I agree with the SURROUNDING H.R. 2499 They will receive all Federal funds Governor of Arizona. They have been The SPEAKER pro tempore. Under a and will have the power to veto those waiting very long, and there is a crisis previous order of the House, the gentle- laws with which it disagrees. that is necessary to address. woman from Florida (Ms. ROS- If included as a viable option, an en- Madam Speaker, many of us on this LEHTINEN) is recognized for 5 minutes. hanced commonwealth proposal would side of the aisle have tried over and Ms. ROS-LEHTINEN. Madam Speak- permanently empower Puerto Rico to over again. Former President George er, as a cosponsor of H.R. 2499, the nullify Federal laws and court jurisdic- Bush, in the last administration, tried, Puerto Rico Democracy Act, I would tion and to enter into an international but that’s where reasonable minds will like to take some time this evening to organization and trade agreements, all disagree. dispel some of the myths that surround while being under the military and fi- So I’d ask the Governor to ask her this legislation. nancial protection of the United own party: The Puerto Rico Democracy Act pro- States. Why do they fail to stand up and be vides for a formal consultation with It is no surprise that this proposal counted on a fair, comprehensive im- the people of Puerto Rico regarding the has been soundly rejected as a viable migration reform proposal that, in

VerDate Mar 15 2010 10:25 Jun 20, 2013 Jkt 089102 PO 00000 Frm 00012 Fmt 0688 Sfmt 0634 E:\BR10\H26AP0.000 H26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 26, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 5 6291 years past, included border security as tors, who came in the bottom of the that we could add, maybe, another five well as the opportunity for access to le- belly of a slave boat; but we found a or 10 States to this lawsuit. galization? way to regularize them. This Congress So, right now, as it stands right now, So the actions this past week are a must find a way to regularize this proc- it is my understanding—and I can be travesty, hypocritical, and not sincere ess and all of the families who are corrected. I do not claim to be a great because you’d ask the question: What huddled in fear, who have never per- historical scholar of the Supreme is a legal contact? What are the law en- petrated a crime. Court of the United States. I have read forcement authorities of the State of I want to thank the leadership of this cases, which was required by my pro- Arizona to do in the midst of the work House and the leadership of the Senate, fession, and I have taken constitu- that they have in protecting the com- both of which are courageous enough tional law in law school. I had great munity from the array of criminal acts to take the battering and the abuse of constitutional law debates among my by anyone regardless of their back- those who misuse the Constitution and law school colleagues when we were ground? There are burglaries, thefts, who believe they are doing something. young, would-be lawyers. In my prac- and rapes, robberies and actions that They are not. tice of law and as a judge, I’ve had require the intervention of State and Should they be responded to? Madam some periphery of the constitutional local law enforcement. Speaker, they should. My answer is requirements that are set out by the What is a legal contact? Is it a person that we pass right now comprehensive Supreme Court, but I don’t claim to be who is rushing his pregnant wife to the immigration reform to save America, an expert on it. hospital and who is stopping to ask a to save our dignity, to save the Con- I am told that, since the Court start- police officer, Will you lead me stitution, and to stand for the values ed, this is probably the largest single through the lights to the hospital? Is we believe in. group of States to have filed suit on be- that a legal contact? f half of their individual States and to What is a determination of reason- have joined together on an issue. Now, able probability? Is it brown skin? Is it THE UNCONSTITUTIONALITY OF I may be wrong about that, and I cer- someone who is dressed in yard MANDATED HEALTH CARE tainly will be corrected if somebody clothes? What is the determination of The SPEAKER pro tempore. Under wants to correct me, but it’s close. reasonableness? There is no answer to the Speaker’s announced policy of Jan- We’ve got 50 States in this Union, and that other than it is patently unconsti- uary 6, 2009, the gentleman from Texas 22 of them are already in this lawsuit. tutional. (Mr. CARTER) is recognized for 60 min- So, if we pick up three more States, Yes, I want comprehensive immigra- utes as the designee of the minority we’ll have half the States in the Union tion reform, which is a term that many leader. involved in this lawsuit. Even 22 is have demonized—you have to run away Mr. CARTER. I thank you for yield- really kind a mind-boggling number. It from it now—but we in Texas have ing, Madam Speaker, and I thank you also represents 44.56 percent of the pop- lived with this for a very long time, the for this night so that we can get to- ulation of the United States. men and women of all economic lev- gether and talk about something that So, within these red States that you els—the business community, the non- is still on the minds of almost every- see on this map here—those dark profit community, the faith commu- body in the United States because, States as compared to the light States, nity. The Houston-Galveston Diocese, quite frankly, even though this bill has if anybody is still watching in black our cardinal, the cardinal in the Hous- passed both Houses of Congress and and white—that represents almost half ton area, has raised his voice, along even though it has been signed into law the population of this country who are with many faith leaders, to say that by the President, the overwhelming asking the question, and the question now is the time for real comprehensive majority of the people in this country is very simple: immigration reform. are waking up every day to find out Does the Constitution grant Congress I am ashamed of the law that was there is something else that nobody the power to mandate the coverage written and signed, because it bears no knew was in this bill and are finding that’s set out in this bill? fruit. Of course, there are law enforce- out about something else that is being Now, that is a big question, but it fo- ment officers in the region, and cer- imposed upon the States and on the cuses down to a much narrower issue. tainly, I’m not from the area whose people of this country that nobody There are more issues here, but the only voice is to claim airtime and to knew was going to happen. most narrow issue is if Congress has shout ridiculous comments: I can lock It’s because it was a 2,400-page bill, the authority to mandate that people them up. Anybody, I can lock up. This or something like that, which nobody who are living within the continental is not to say that there is not empathy ever read, and it was voted on and United States must buy certain prod- and sympathy for the borders in Ari- passed when there were people who ucts, namely, health insurance, from zona. There is a need now for com- were responsible for its contents who designated sellers of that product, prehensive immigration reform for Ari- couldn’t tell you what was in it. In which will mean some insurance com- zona, for New Mexico, for California, fact, I believe the Speaker of this pany. The issue is that they have to, for Texas—for all of America. House made a statement: We need to that they cannot have an option, that Though, I will tell you, Madam pass this bill so we can learn what’s in they cannot say ‘‘no,’’ and that if they Speaker, if a young person comes to me it. That’s kind of when the worrying say ‘‘no’’ that they can be fined under in my district who came here from a started in this country. It was when the IRS Code and can be required to foreign country—in this instance, people started hearing those kinds of pay up to a $2,000 fine for not pur- France—who has been in our school things from our leadership. chasing health care. There are some system, who did not know the process So we are now at a point where there ranges in that. The fine can be less, but and who is now unstatus but who has has been a lawsuit—and we talked if it’s $1, it’s a fine punishing you for never been in trouble and who is going about this. I believe it was last week or not buying a product. through school—he is an immigrant, the week before last. We talked about Now, the great debate is broadly but unfortunately, status—then he is the fact that a lawsuit has been filed about the Ninth and 10th Amendments, no less than the immigrants from Ire- by the attorneys general of multiple but it is specifically about the com- land, than the immigrants from Italy States in this country. Well, this is a merce clause as set out in the Con- and the immigrants from places else- growing process. When we last talked, stitution of the United States. So where who came to this country and there were 20 States that had joined in every attorney general in every one of who helped to build it and to make it this lawsuit, and here we are on April the States you see here—and this is a a better place. Maybe he is no better 26, 2010, and we have 22 States. So two pretty nice cross-section. We’ve got the than the immigrants who came in more States have joined in this proc- east coast, one on the west coast, a shackles, like myself, and their ances- ess, and there is at least the possibility whole bunch of southern States, a

VerDate Mar 15 2010 10:25 Jun 20, 2013 Jkt 089102 PO 00000 Frm 00013 Fmt 0688 Sfmt 0634 E:\BR10\H26AP0.000 H26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 6292 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 5 April 26, 2010 whole bunch of western States, and a tional law here with my good friend by the Constitution’’—the Constitution whole bunch of midwestern States DAN BURTON. We’re going to see how we defined the powers of the United States which are in this fight, and they are figure this. Government—‘‘nor prohibited by it to asking a real simple question about the I think everybody out there learned the States,’’ in other words, aren’t spe- commerce clause. in school we have a Constitution and cifically set out for the States, ‘‘are re- we have amendments to that Constitu- b 2000 served to the States respectively, or to tion, which are just part of the Con- the people.’’ But as I said, it’s like we wake up stitution. They just came at a different So what they were basically saying is every morning and we have new things time. And the amendments have a lot there are powers out there that this to talk about, about this plan. to do with individual rights to liberty Constitution doesn’t cover. A recent Center for Medicine and in this country. And when our Found- Now, I think we all know that the Medicare Services has come up with ing Fathers were looking at this Constitution has been an evolving some new findings on this bill. Let’s project and what they were doing, they process because the big job of the Su- examine these together. I’m glad to were going from sovereign States. The preme Court of the United States is to have my friend, Mr. BURTON here, who people of Virginia considered them- tell us what things mean when you is going to join me and we will talk selves—Virginia was a sovereign State. start applying events to the Constitu- about some of this stuff. That meant a sovereignty-laden State. tion. There is a clause in the United Twenty million Americans who cur- And they were meeting in Philadelphia States Constitution which is called the rently can’t afford health insurance to see how much sovereignty they Commerce Clause. And it says the U.S. will buy a policy under duress from the would surrender and what they would Congress shall have the power ‘‘to reg- threat of fine and IRS action. This is create in the form of a Federal repub- ulate Commerce with foreign Nations, what they found: Four million Ameri- lic. and among the several States, and with cans will still not be able to buy and And remember what Benjamin the Indian Tribes.’’ will be fined $33 billion a year and still Franklin said when asked as he walked ‘‘Commerce’’ is the big word, and the not have health insurance. Fourteen out the door what kind of a govern- question is, what is commerce? And I million Americans will lose their em- ment they had created, and he said, A think if you went to a business school ployer-sponsored health insurance as a republic, if you can keep it, because it and talked about commerce, you would direct result of this new law. Twenty- depends upon those who were given find out that they are basically talking three million Americans will still have that gift to keep that republic, which about the buying and selling and trad- no health insurance coverage in 2019 means it has some basic concepts ing and working with goods and serv- after the bill is fully implemented. And which our Founding Fathers were inge- ices. It would be pretty much what 21 percent of the gross domestic prod- nious about creating, and one of them you’re talking about. The economic ac- uct of the United States will be spent was the balance of power, that there tivity, buying and selling and so forth. on health care after the law is imple- would be offsetting power between the Now, a more liberal court started ex- mented, which is higher than if Con- three branches of government which panding the Commerce Clause slightly, gress had done nothing. So if nothing would balance out the power so no and the one that really kind of threw would have happened, we spent 21 per- overwhelming power would lie in any everybody off was a case where some cent of the gross domestic product. one branch of the government. folks during the Depression were grow- There are three branches: the execu- So we were sitting here, and the first ing wheat in their own backyard. They tive, which is the President and all the thing we were told is the reason we were grinding that wheat and making various executive agencies of the gov- need to pass health care is we need to it into bread and they were eating the ernment; and then the legislative, get a cheaper product. I mean, we need bread. And the question was, is that which is the House and Senate; and to save money. We need to reduce the wheat in commerce? And the court said then the judiciary, which is the entire deficit, reduce the debt. because it was competing with other judicial system of the United States, Well, we haven’t reduced the spend- wheat that was being ground into flour capped off by the Supreme Court of the ing because it’s going to be 21 percent and made into bread, it was being sold, of the gross domestic product, which is United States. So when they wrote this, they wrote and therefore it at some point had an larger than it is today, and it’s esti- the Ninth and the 10th Amendments. effect upon the commerce involving mated it’s larger than it would have And the Ninth Amendment says, ‘‘The bread and wheat. been if we hadn’t done anything. enumeration in the Constitution, of Even though it was only consumed So these are facts that sort of jar you certain rights, shall not be construed by the family, they expanded it to say into reality that we have got a product to deny or disparage others,’’ other that was commerce. And from that the that every American sitting around the rights, ‘‘retained by the people.’’ idea came up, and it was cropped up coffee shop tomorrow morning ought to Because our Founding Fathers took and was challenged and failed several be talking about, that everybody in the position which learned people of times in the Supreme Court to be car- every office building, on every farm that time were debating and putting ried that far, was that the Commerce and ranch, and every small business in forth that the rights that are set out in Clause, if you take it that far, it will America ought to be asking questions our Bill of Rights and the other rights cover everything. And really this bill about what has become the new law of that are defined in our Constitution that we’re talking about, this one right the land. are, first and foremost, the rights of here that we just got the report on, I think the attorneys general of the the people. Each individual person has this bill is going to be the ultimate de- multiple States in this country, they those unalienable rights. cision of whether the Commerce Clause started asking these countries as the So when they sat down and they means ‘‘commerce’’ covers everything process was going through, and as they started to put this thing together, they or not because in this bill, the only discovered nightmare after nightmare said, now, any rights we didn’t talk thing you have to do to be required to after nightmare as it pertains to the about still belong to the people. So just buy health insurance by the govern- States, they started getting rattled because they didn’t write it down in ment is be alive. and they started to say, This can’t be. the Constitution—freedom of speech, If you are a human being and breath- We can’t be imposing this kind of will freedom of the press, freedom of assem- ing, you have to buy health insurance. under the Commerce Clause. bly, and all the ones you learned in If you have it and you get to keep it, So I think it’s important that we school—there are more rights than then you’ve got health insurance, but look at the Ninth and the 10th Amend- that because those rights lie with the if you don’t have it, now it’s no option. ment and the Commerce Clause, and people. You have to buy it. I’m going to start off, and then we’re The 10th Amendment says, ‘‘The pow- Now, the first thing you will hear going to talk about some constitu- ers not delegated to the United States people say is, yes, but you’ve got to

VerDate Mar 15 2010 10:25 Jun 20, 2013 Jkt 089102 PO 00000 Frm 00014 Fmt 0688 Sfmt 0634 E:\BR10\H26AP0.000 H26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 26, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 5 6293 have insurance to drive an automobile This is the first time that I can re- was a time when they said somebody and you have to have it. That’s true, member in my life that the Federal had to buy something, which would but that is insurance that is protecting Government is telling people they have violate the 10th Amendment of the other people from your negligence or to buy something. I have never heard Constitution. Now the National Recov- your mistakes as you drive your auto- of this and I have never read anything ery Act was found unconstitutional, mobile, and it’s an issue for the State that would lead me to believe that the but the 10th Amendment, as far as I in protecting the State because it Federal Government has the authority can remember, never said you have to makes sure that people are able to pro- to tell people that they have to buy buy something. And that is what this tect those that they might injure when something. bill does and that is why the attorneys they use a dangerous weapon. And, by Now, there have been times in the general from 22 States are saying, You the way, it’s kind of interesting that past when the Federal Government don’t have that power. the courts have ruled that an auto- tried to take over the entire commerce As you said, Mr. CARTER, very clear- mobile can be used to enhance punish- of the United States. Back in the 1930s ly, the power is not delegated to the ment in a criminal case because it is a during the Roosevelt administration, United States by the Constitution. The deadly weapon. So basically they are they passed a law called the National power is not delegated to the United insuring against the misuse of the Recovery Act, and the National Recov- States by the Constitution nor prohib- deadly weapon called the automobile. ery Act gave the Federal Government ited by it to the States are reserved to That’s not what we’re talking about control over the entire economy of the the States respectively. And so what’s here. We’re talking about you have got United States regarding commerce. happening here is the Federal Govern- to have health insurance whether And there was one case that came to ment is overstepping its bounds and you’re sick or whether you’re well. You mind that I read in a book called ‘‘The violating the 10th Amendment and tak- have got to have it. And if you don’t, Forgotten Man.’’ I don’t know if my ing away from the States their right to you have got to pay a fine, and that colleagues read it or not. But it in- regulate this industry or to deal with fine is going to be in the nature of an volved two itinerate people from the whether or not people should or should not have to buy these things. And the excess tax. Middle East that came to the United attorneys general are saying very So there’s a good place for me to States and they started selling chick- clearly this is a State’s right and we yield to Mr. BURTON to talk about how ens. don’t think the Federal Government he sees this and what thoughts come to Back in those days, they didn’t have has the right to do this under the com- his mind as we look at this really chal- frozen chickens in the supermarket. So lenging constitutional issue. merce clause. when people would come to them to So I would just like to add a couple Mr. BURTON of Indiana. I thank the buy chickens, they had them in crates, of other things that go along with this, gentleman for yielding. And I want to and they would let the people that Mr. CARTER, and that is the cost that tell him how much I appreciate his came to buy the chickens reach in and it’s going to be to the American people. coming down and taking the time to pick the chickens they wanted. Well, The estimated deficit that is going to give this Special Order. It took a lot of the National Recovery Act, which was be created by this, as far as the health preparation to explain this to our col- controlling the commerce of the care bill is concerned, is about $385 bil- leagues and anybody that might be United States, had individuals, like the lion or $395 billion over the next 10 paying attention to this. IRS is going to have under this bill, years. There is no question in my mind that that would come out and tell the peo- But the fact of the matter is, it’s the 10th Amendment of the Constitu- ple what they could and couldn’t do. going to cost a lot more than that. The tion is being violated by the bill that And the National Recovery Act rep- estimated costs, according to CBO, we passed, and that’s why we have 22 resentative came out and told these based upon the information that was States that have joined in this suit. two gentlemen that they could not let sent to them, was that it was going to And I’m glad that they are doing that. the people pick the chickens that they cost about $850 billion or $860 billion As a matter of fact, on March 29, the wanted. over 10 years, and the amount that was Attorney General of Indiana, Greg I know this sounds crazy. They said going to be as far as the deficit was Zoeller, expressed his intent of having because the people that came in and concerned was about $300-some billion. Indiana join in filing the suit against bought the chickens first would pick But the fact of the matter is they the Patient Protection and Affordable the fatter ones and they would get the only have 6 years of coverages, but Care Act, which is the Obama care benefit of being there first. And the fel- they have 10 years of taxes. So when we’re talking about. And here is what lows that owned this company said, you take 10 years of coverage and 10 he had to say, our Attorney General: Well, this is the way we’ve always done years of taxes and you look at what it’s He said, ‘‘There are significant con- it. We let the people pick the chickens going to cost the American people, it’s stitutional questions regarding the they want. So they didn’t change. They going to run up over $2 trillion—money Federal Government’s authority raised continued to conduct their business we don’t have. And the deficit already by the legislation passed. I believe it’s that way, and they were indicted under is out of control. The budget we passed necessary that these ultimately be the National Recovery Act and they this year was $3.85 trillion—or last brought before the United States Su- were convicted, and the case went all year. And this year they won’t even preme Court, and as the Attorney Gen- the way to the United States Supreme send us a budget because they know eral of Indiana, I will join in the most Court. it’s going to be more than that. appropriate legal actions available to The shortfall in spending that in- 2015 represent the significant interests of b creased the debt, our debt to our kids our State, the State of Indiana, in this Justice Brandeis wrote the opinion, and grandkids, was $1.4 trillion last matter.’’ And he prepared a 55-page re- which was 9–0, against the National Re- year. It’s going to be $1.6 trillion or port on this that he gave to our legisla- covery Act, which went out the win- more this year, and it’s going to get tors in Indiana regarding the Patient dow. Justice Brandeis sent a message worse as the years go by over the next Protection and Affordability Act. And back to the President saying, Don’t decade or two. And so in addition to he believes, as the other attorneys gen- send us any more legislation like this, violating the Constitution, as I believe eral do, that this is unconstitutional. because if you do, we’ll find it uncon- this does, and in addition to having 22 Now, my colleague just talked about stitutional as well. States file suit against the Govern- the automobile business and how peo- That was the first time that I know ment of the United States because of ple have to have car insurance. Well, where the Federal Government start- this bill, this is going to cost an arm they don’t have to drive a car. And if ing taking over the entire area of the and a leg that we don’t have. We don’t they don’t drive a car, they don’t have commerce of the United States. Even have this money. And who’s going to to have car insurance. then, even then, I don’t believe there pay for it?

VerDate Mar 15 2010 10:25 Jun 20, 2013 Jkt 089102 PO 00000 Frm 00015 Fmt 0688 Sfmt 0634 E:\BR10\H26AP0.000 H26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 6294 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 5 April 26, 2010 Well, we borrowed money from I want to thank you once again for I’m very hopeful that that is the way China. We owe them about $800 billion. taking this Special Order. You’re one that this Court at this time, in the 21st We borrowed $600 billion from Japan. If of my heroes. century, with all the history that has you add it all up, we are probably into Mr. CARTER. I thank my friend, re- passed and all the court cases have the trillions and trillions of dollars gaining my time. Let me point out passed, will look at this and say, If we that we owe the rest of the world. If something that I think is interesting. can tell them they’ve got to buy what they ever cash in on what we owe In all of the flak we sometimes raise, kind of health insurance, then what’s them, I don’t know how we are going to we disagree with some of the rulings of next? How far will we expand this? Can pay for it. the United States Supreme Court rul- the next administration, whoever it The fact of the matter is, right now, ings—and I and others that I know may be, say you have to buy General because of the cost of this legislation have done that throughout my entire Motors cars because we own around 50 and the other programs and the deficits lifetime and had great constitutional percent of the stock, the American peo- that are taking place right now, I real- issues that are banged around every- ple, or can it just say, you know, we’ve ly believe that the Federal Government where, and some of us said, What kind got a fledgling industry over here. You is going to have to print a lot of of craziness is that? But it’s kind of in- can only buy that computer or that money. And when they print money, teresting that Justice Brandeis, in that pair of socks. But you can’t buy those they inflate the money supply and we opinion, 9–0—that means everybody socks. Not until you’ve got five pairs of have what is called inflation. What thought it was right—pointed out that those socks. And you want the Federal they try to do is try to figure out a by the very nature of our Constitution Government doing that? way to stop that inflation by raising and the very nature of what we created I don’t think anybody in their right interest rates or increasing taxes. in the way of a Republic, this concept mind in this country wants that to Now the administration is talking of a centralist-controlled economy, a happen. But the start, the crack in the about a value-added tax like they have central-controlled economy, doesn’t fit dam, the slow drip is going to be what in Europe. And the value-added tax in what was founded in this country. they have proposed, which is going to Europe is running about 20 percent in We started down that path in the many countries. And if you buy a car be a slow drip that is going to create 1930s. And Brandeis and the Court for $10,000, for instance, and you add massive costs to this country. By the slammed on the brakes and put a stop the value-added tax to it, you’re up to way, my friend, Mr. BURTON, wasn’t to it. It was very ridiculous, some of $12,000. Another 20 percent. The Amer- even talking about the cost to the the things they did. There’s the famous ican people can’t afford it. We can’t af- States. Those are Federal costs. They kosher meat case that went on and a ford the inflation, we can’t afford the imposed upon the States costs the bunch of other cases. Just ridiculous. taxes, and what it will do to the econ- States didn’t have any say in whatso- Can you imagine the Federal Govern- omy and jobs is unbelievable, not to ever. ment going into your local butcher mention that it violates the Constitu- Mr. BURTON of Indiana. Would the shop and telling your local butcher tion of the United States. gentleman yield on that point real So if I were talking to the American how he can do things? Is that the world quickly? Our Governor, who I think is people tonight, Mr. CARTER—and we we want? That is a centrist-controlled one of the best Governors in the coun- can’t talk to the American people; we economy. try, Mitch Daniels, he said that passing can only talk to each other and the Now, at the same time, the world was this would put 500,000 people more on Members of the Congress—I would say experiencing this in other places. In Medicaid in the State of Indiana. I just there’s a lot more to this than just the fact, we in our lifetime have seen the wanted to validate the point that you violation of the Constitution. There’s rise and collapse of central-planned just made. This is going to be a tre- no question in my mind that there is economies. The National Socialist mendous burden on States all across that violation, but the cost to us and Party of Germany in the Second World this country because they are going to our kids and our posterity is going to War, besides losing a war, proved that shift an awful lot of the burden that is be unbelievable. This country can’t af- a centrally controlled economy was an on the Federal health care system to ford to spend the money the way we ineffective way of doing the economy the States. In Indiana, we are going to are doing it. We can’t afford to raise without letting the markets work. The be spending billions of dollars more taxes like they are talking about. We Soviet Union collapsed, continuing to over the long haul because they are can’t afford a value-added tax and we try to keep a central-controlled econ- going to put 500,000 people more on can’t afford to see jobs slip away from omy run by the one Big Government Medicaid. I don’t know that that is the America and go offshore to other coun- entities that had fingers in everybody’s exception. I think every State in the tries. That is what I think this is lead- world. It didn’t work. It didn’t work. Union is going to suffer like that. ing to. The Chinese had the same thing. Even Those are costs we are not even talking This administration believes in a Eu- though they still claim communism, about. ropean-style socialistic approach to they are rapidly rushing towards cap- Mr. CARTER. It is. Reclaiming my government, and we have to stop that. italism because they are getting rich time, we are joined by my good friend I want to pat the attorneys general on and prosperous for all levels in their and colleague, classmate, a fellow the back from those 22 States for lead- country under the capitalist system, Texan, Dr. BURGESS, who has spent ing the charge in dealing with this con- which they never could do with their most of his life on these issues, and stitutional abuse of power, and I wish centrally controlled economy. certainly his time in Congress. Since them the very best and I hope that Why we would even think to go in the day I met him, he has had the best every State in the Union, Mr. CARTER, that direction is beyond me. I think ideas I have heard on health care, but I hope every State in the Union will my colleagues think that is the solu- he’s been a voice crying in the wilder- join in this fight because the Federal tion to our problems. I do not think so. ness. He does know what we’re talking Government should not usurp the I think our Founding Fathers intended about. I’ll be glad to yield to Dr. BUR- rights of the people of this country and for us to have things both at the local, GESS to educate us on what he sees the several States. And our Forefathers at the city, the State, the national these issues are and where this thing is never planned for that. And that is why level. I think they had a concept of the going. they gave the States the ultimate small family all the way up to the big Mr. BURGESS. I thank the gen- power instead of leaving it with the government. They specifically wrote tleman for yielding. I must say, it’s Federal Government. They said that these little-used provisions, by the humbling for a simple country doctor those powers not delegated to the way, into the Constitution, to make it as I to come down here and talk con- United States by the Constitution are clear that there were certain things stitutional issues with the great con- reserved for the States. And that is the that didn’t belong in the Federal Gov- stitutional scholars of our time. way it ought to be. ernment. Mr. CARTER. Right.

VerDate Mar 15 2010 10:25 Jun 20, 2013 Jkt 089102 PO 00000 Frm 00016 Fmt 0688 Sfmt 0634 E:\BR10\H26AP0.000 H26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 26, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 5 6295 Mr. BURGESS. Judge, you men- those nonactivities to the Federal Gov- page behemoth that, again, passed the tioned something that is so important. ernment? I think the judge and the mi- Senate on Christmas Eve as a vehicle So many people are concerned about nority made the point. Of course there to allow the Senators to get out of what they see happening. And I see by are not. town ahead of a snowstorm. one of the posters that you have there Continuing to quote from the letter, No one read that darn thing. No one that almost 45 percent of the United ‘‘The legislation actually imposes a fi- knew that what was in that darn thing. States population, or State attorneys nancial penalty upon Americans who They just passed it so they could get general representing almost 45 percent choose not to engage in interstate com- out of town. They always intended to of the population, now are suing over merce—because they choose not to come back and make it better in con- the constitutionality of these health enter into a contract for health insur- ference or some other secret coordi- care mandates. Remember, all of that ance.’’ Quoting further, ‘‘In other nated meeting with the White House has happened within a 4-week time words, the proposed mandate would where they would come up with an span of us passing this very flawed compel nearly every American to en- amalgamated product, but they didn’t piece of legislation. There’s no way to gage in commerce by forcing them to do it. They didn’t follow through. They know what the next 4 weeks will bring; purchase insurance, and then use that just picked up this Senate bill. A lot of but certainly as more and more people coerced transaction as a basis for people don’t understand. The Senate evaluate this, as more and more people claiming authority under the com- bill actually has a House number. It’s dissect through that very flawed prod- merce clause.’’ H.R. 3590. uct that was passed by the Senate on Continuing to quote from Greg Ab- Now, why would a bill passed by the Christmas Eve, and then we just, for bott’s letter, ‘‘Congress’ own inde- Senate dealing with health care have a whatever reason, picked up and agreed pendent, nonpartisan research agency, House number? Well, because it began to it over here in the House the end of the Congressional Research Service, as a House bill. It began over here at March. expressed doubts about the commerce the end of last summer as a bill to reg- As more and more people look at clause’s applicability in a report that ulate housing. CHARLIE RANGEL intro- that and see the drafting errors and see was issued last July: ‘Despite the duced it from the Committee on Ways the inconsistencies that are contained breadth of powers that have been exer- and Means. It passed the House. I voted within that legislation, I believe that cised under the commerce clause, it is against it, for the record, when it was that number will in fact become much unclear whether the clause would pro- a housing bill. It went over to the Sen- higher by the time we get to Memorial vide a solid constitutional foundation ate and lay fallow for a period of time Day. It will grow in numbers through for legislation containing a require- until the majority leader of the other the month of June. By the time we get ment to have health insurance. It may body decided that they needed a vehi- to Independence Day, I’ve got to be- be argued that the mandate goes be- cle for this health care reform. They lieve that that number, there is going yond the bounds of the commerce decided not to affix a Senate number to to be a startling percentage of the clause.’ ’’ it. The House had passed a bill. They United States population that is now And then finally just to conclude chose not to pick up our House bill against this bill. from Greg Abbott’s letter, ‘‘If there are that dealt with health care. They The problem with this bill is it never to be any limitations on the Federal picked up our housing bill and amended enjoyed popular support. People want Government’’—let me just underscore it. And one of the first amendments to criticize Republicans for being ob- that ‘‘any’’ one more time. ‘‘If there was to take the language out of it. structionists in this process but, hon- are to be any limitations on the Fed- So now they have an empty bill, a estly, they did not need a single Repub- eral Government, then ‘commerce’ can- number, and literally nothing else. lican vote. They have a 40-majority not be construed to cover every pos- They stuck in all of these little special vote on the Democratic side. This was sible human activity under the sun— deals that they had to strike. And the all an internal argument on the Demo- including mere human existence. The question wasn’t, What is the best pos- cratic side with getting this darned act of doing absolutely nothing does sible health care policy that we could thing passed. As a consequence of not not constitute an act of ‘commerce’ come up with? In fact, if that question having popular support, they had to co- that Congress is authorized to regu- had been asked, maybe they would erce, cajole, threaten, and malign late.’’ have used Governor Daniel’s use of con- Members on their own side in order to A very powerful letter by the attor- sumer-directed health plans in his get the votes necessary to pass this. ney general, issued last January to our State and how he’s held down cost. But Now, right after it passed, Judge two Senators as the Senate was work- they didn’t do that. They said, What CARTER and I were part of a press con- ing through this health care bill. will it take to get your vote? And ference, and our attorney general, Greg You know, I’ve been so concerned whatever that answer was was the Abbott, was one of the first attorneys about this bill that we passed that I piece that was inserted in that bill. general to step forward and say, Under wake up in the middle of the night al- That’s why you’ve got an amalgam of the commerce clause, I don’t think you most every night wondering what the so many disconnected pieces in this can do this. He wrote a very powerful future holds. And Judge, you’re so 2,700-page monstrosity that is now H.R. letter to our two Senators earlier in right. In some ways, you kind of get 3590. the year. And I just wanted to quote a this mental image of this omniscient Once that thing passed to get them couple of paragraphs from this central planner—albeit a benign and out of town on Christmas Eve—and it thoughtful and lengthy letter that kind and eloquent central planner— was literally a Christmas tree that Greg Abbott wrote to our Senators. moving data points around on a big night when they passed it. But once spreadsheet somewhere. That’s what they passed that bill, they all expected b 2030 the administration of health care has to come back to a conference com- He writes, ‘‘The individual mandate become in this country. Look at the mittee or some other vehicle to amend is constitutionally suspect because it job that we have turned over to the De- and improve this bill. But when the does not fall within any of these cat- partment of Health and Human Serv- Senator from Massachusetts was elect- egories. The mandate provision of H.R. ices and the Centers for Medicare & ed as a Republican, it threw a big kink 3590 attempts to regulate a non- Medicaid Services, another small Fed- in their plans. They decided the only activity.’’ eral agency called the Office of Per- way to get—and remember, the goal Let me just stop for a second. ‘‘At- sonnel Management, and yes, for cry- here was not to fix problems that are tempts to regulate a nonactivity.’’ Are ing out loud, the IRS involved in regu- besetting the American people in our there any other nonactivities we do lating health care. These Federal agen- health care system. The goal was to during the course of the day that we’re cies are now tasked with writing the get a bill to sign. The goal was a sign- willing to give over the regulation of rules and regulations out of this 2,700- ing ceremony in the East Wing of the

VerDate Mar 15 2010 10:25 Jun 20, 2013 Jkt 089102 PO 00000 Frm 00017 Fmt 0688 Sfmt 0634 E:\BR10\H26AP0.000 H26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 6296 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 5 April 26, 2010 White House. The goal was for the covery Act, because it was designed to Mr. BURGESS. If the gentleman will President to sign a bill during his first cover everything back in the 1930s. We yield, several of the State senators term. talked about a couple of examples. And have written to me, and, in fact, I be- It’s almost like they didn’t care what this attorney general is quoting pretty lieve I’m quoting Governor Perry cor- was in it. They didn’t care what the much what Justice Brandeis was talk- rectly in that it would be a $23 billion health care policy was. It can be as bad ing about when he wrote the opinion, cost over the 10 years. We do our budg- as you can possibly imagine. The draft- the 9–0 opinion that destroyed the Na- et for a 2-year time period, so for the ing errors can be rampant throughout tional Recovery Act, saying that the next five budgets. the entire bill. But we got a signing Federal Government didn’t have the Now, as the gentleman knows, Texas ceremony, by golly, and no other Presi- right to run everything. And I think has not been hit quite as hard as some dent of the United States has ever had that’s exactly what your attorney gen- other States by the recession, but it’s that achievement before. And now the eral is talking about. still been hit. In the next election, the rest of us are left with this travesty I thank the gentleman for yielding. people who are elected for the next that’s called a health care bill. Doc- Mr. CARTER. As he was reading from State legislature, for the next State tors, nurses, and hospitals and, indeed, Attorney General Abbott’s very well- senate are going to have to deal with a even insurance companies, and of written letter and he mentioned that budgetary environment that is going to course regular American patients are particular thought, my thought was, be a great deal tighter than any since going to have to deal with this for the You can let your imagination run wild probably 2002 or 2003. As a consequence, next several generations. if we are opening the commerce clause Governor Perry has tasked all of the We have to rip this thing out root to existing. If existing puts you in com- various interim Senate committees and branch. One of the ways to do that merce, then I think the sky is the and House committees to look for 5 is for the attorneys general to proceed limit. And more so, the sky is the hor- percent of savings across the board in with their lawsuit and be successful in ror, because ultimately it can be such the State budget. So they are serious their lawsuit, which is why I so appre- an abusive power. And I am not point- about getting their budget into bal- ciate the gentleman coming to the ing a finger at any administration, but ance. Of course, by law, they have to do floor of the House, making the Amer- there could be an administration down this, and they are looking for every ican people aware of what is going on, the road that imposes where you can State agency to cut its budget by 5 per- why the attorneys general are pursuing live. Or one that is really interesting, cent. That’s significant when, at the this, and maybe, maybe we will get because there are actually countries in same time, the Federal Government is some relief for the American people, this world that do this, and as we were now saying, because of the increase in and then we can go back and do the talking about it, it popped into my Medicare enrollment that you’re going things they were asking us to do in the head—in some European countries, to be required to take, the budgetary first place—fix the problems, not de- Western European countries. expansion brought about by this health You know, there’s a misconception— stroy the system. care bill will be $23 billion over the I will yield back to the gentleman I think my colleagues know this, but if next 10 years at a time when every from Texas. not, I want to at least put my two other State agency is being con- Mr. CARTER. I thank the gentleman cents worth in—a misconception that for a great description of one of the everybody has the same freedoms we’ve stricted. So are we saying that federally man- reasons, when they say, you don’t want got. Wrong. Just because they’ve got dated health insurance is more impor- to watch people make sausage or legis- TV shows that we like or something tant than education of Texas children? lation is because there’s no telling like that doesn’t mean they’ve got the Apparently we are. Are we saying that what goes in it. And that description of same kind of free society we have. the House bill being gutted of language The British system has the right of the federally mandated health care en- and changed to a health care bill, I habeas corpus, but there are plenty of titlement is now more important than think that’s going to be a real eye- countries that don’t have the right of State transportation issues or State se- opener to the civics classes around the habeas corpus. There are plenty of curity issues? Apparently we are. country as to how that thing func- other rights. It’s kind of interesting. In But I know this is a serious problem tioned. And, you know, that’s part of European countries, after the war, they that is being faced by the State legisla- the nervousness that we’re seeing in wanted people to vote, so they made it tors and the State senators, and I have the American people, and they’re con- mandatory. The government made it heard from several of them over these cerned about what’s going on up here. mandatory to vote. And if you don’t past several weeks and the weeks lead- That kind of overwhelming power play vote—it’s just like our health care ing up to the passage of this bill. And is just—it’s contrary to the old fair bill—you get fined. I know, of course, the Governor has play that’s deep down inside what Now, they don’t have a constitution been quite outspoken about the fact makes Americans great. So I appre- like the United States that limits the that they are going to have to cut their ciate you describing it. power of their government. I’m not budget at the State level, and I believe I see Mr. BURTON’s risen again. I will saying it’s all bad. But to me, if I was every State agency has been asked to yield to him. a guy who didn’t want to vote, they come up with 5 percent, a nickel in sav- Mr. BURTON of Indiana. I thank my say, Okay. Pay $50 or you’ve got to ings out of every dollar that is spent at colleague from Texas for yielding. vote. And then what’s the next step, the State level. I just want to follow up on what my Pay $50 or you have to vote for my And it’s actually not a bad idea for other colleague from Texas just said. party or for my leader. And where does us. If we were to actually do a budget He was quoting the attorney general of it stop? this year—which I’m not sure we are. Texas, Mr. Greg Abbott, and there was Things that are done in good con- For whatever reason, the Democratic one clause in his letter that I thought science when you open up the power of leadership does not seem to think bears repeating. He said, ‘‘If there are the Federal Government like this in- that’s important, even though this to be any limitations on the Federal terpretation of the commerce clause, country is in financial crisis, to Government, then ‘commerce’ cannot you can use your imagination and your squeeze 5 cents of savings out of every be construed to cover every possible knowledge of history to see how it dollar. It’s certainly something most human activity under the sun—includ- could become, at some future time, Americans understand in running their ing mere human existence. The act of more and more and more depriving of own business. During times when I ran doing absolutely nothing does not con- the liberties that we enjoy. So this is my medical practice, I would be faced stitute an act of ‘commerce’ that Con- about a whole lot of stuff, and it’s a with budgetary shortfalls, and I under- gress is authorized to regulate.’’ whole lot of stuff that upsets you. stood the concept of saving a penny or And this parallels what we were talk- On the issue of Medicare, I think two or three or four or five out of every ing about earlier with the National Re- Texas is $8 billion—isn’t that right? dollar you spent. And the Governor has

VerDate Mar 15 2010 10:25 Jun 20, 2013 Jkt 089102 PO 00000 Frm 00018 Fmt 0688 Sfmt 0634 E:\BR10\H26AP0.000 H26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 26, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 5 6297 wisely asked his State agencies to do from the States. They got their con- That was in The Washington Post. I that. We don’t seem to be quite so tract renegotiated by the Federal Gov- would argue and I think they would knowledgeable here at the Federal ernment without their say. Now they argue with me it is a liberal newspaper. level sometimes. have this huge financial and bureau- But this is not a liberal or conservative I will yield back to the gentleman. cratic burden that is being placed upon fight. This is about freedom and liberty Mr. CARTER. I thank the gentleman the States by the fact that part of the and our Constitution. for yielding back. way they were able to get the solution, I yield to Congressman BURGESS. Let me say this. I think it’s very in- all of the people not covered by health Mr. BURGESS. I was going to agree teresting because Governor Perry’s care, was to take a big chunk of people with the gentleman that The Wash- saying that we’ve got to cut 5 percent. and just stick them in Medicaid, and ington Post is not likely to be found in I say hooray for that. I think that’s the say oh, by the way, States, we decided the Rush Limbaugh stack of stuff that right way to go about it. But this bill this is what you’re going to do, and he uses on his radio program everyday. tells us, we’ve got to set up—somebody you’re going to do it. We’ll pay our But the freedom argument is one in our State has to help administer share, maybe, but you’ve got to pay that is so important. Under the Med- this bill. And ultimately, we’ve got to yours. And you’ve got to administer icaid provisions, as I understand and come up with these pools, regional the program. read the bill that was passed by this pools. We are pressuring our States to I think that some of the States, and House, individuals who earn at or make this thing work, and our States I know in the Florida case, they are below 133 percent of the Federal pov- say, We don’t want that thing. And we raising that issue. They are saying: erty level, if they are not covered by Can you impose this upon the States at certainly don’t want the expense of any other insurance, since they are this level? I don’t know. doing it at the expense of our tax- going to be required to have insurance, The main issue is the commerce will, in fact, be required to have Med- payers’ dollars because we’re trying to clause. That is the imposition of bur- icaid. They will not be allowed to pur- tighten our budget. dens not anticipated when the deal was chase insurance in the exchange, as You’re right, we are lucky in Texas, struck. I think that is an important other Americans will. They will simply fortunate that the economy hasn’t hit part of everything that we are talking be placed into the Medicaid program. us as hard. In fact, in my district in re- about here. cent times, probably the hardest hit we You know, there are people who say That, too, is unprecedented. In any of the social entitlements that we have received from this Chamber right here oh, that CARTER and that bunch, they and the one across the way, when the are a bunch of right wing nuts down had in the past, never had we required President signed the nationalization of there on the floor. They are all upset someone by virtue of their income student loans and wiped out 500 jobs in about this and they call them Social- level to be within a certain Federal aid Killeen, Texas. In Killeen, Texas, 500 ists. Well, yeah, but did you look at program. jobs is a lot of jobs, and 500 jobs in cen- this map? Have you looked at this The implications of that are startling tral Texas is a lot of jobs, and that’s map? I wouldn’t call several areas of and may well go far beyond the bound- just the tip of the iceberg of what ill- this country that is marked in red as aries of where they exist today with conceived ideas can do. bastions of conservatism by any the passage of this law. It may be a This one here is a constitutional stretch of the imagination, not that much more startling recession or re- challenge to our Federal Government they don’t have the right to be the ceding of freedom than we have seen in and our Supreme Court. I have great State that they are. I am not criti- this country. Really, it would be un- confidence that they will accept that cizing them for their beliefs, but this is precedented the loss of freedom that challenge, and I am hopeful that they not some right wing conspiracy out of will accompany this bill. will say, You can’t expand the com- central Texas, okay; this is a cross-sec- I will yield back to the gentleman be- merce clause to breathing. It just can’t tion of the country. The West Coast, cause I know time is short, but that is go that far. You don’t need commerce represented by Washington State, cer- an extremely important point that the because you exist. tainly a progressive State, proud to be gentleman just made. Mr. CARTER. Reclaiming my time, b 2045 a progressive State; we have Pennsyl- vania over here on the east, and Michi- 23 million Americans will still have no If it is, then I would argue that there gan in the Midwest. This area up here health coverage in 2019 after this bill is are no controls on the Federal Govern- is the heart and soul of the declining fully implemented. So with all of the ment’s ability to do things to impose auto industry with all of their terrible big imposition on the privacy of Amer- burdens upon your life. I think that is problems. Everybody at night ought to ican citizens, and the big imposition on the real underlying issue here, and it is say a prayer for the people in Michigan our government of mandating them of great importance. right now because they are having the that they have to buy a product, and if But even more so than that is when hardest time of anyone in this Union they do everything that they are sup- we came up with the concept of Med- right now. And we need to correct that posed to do and if the States can find icaid, and Congressman BURGESS, he as best we can. the money to run the Medicaid prob- worked under Medicaid as a doctor. He More than that, I would at least sub- lem, and if they can get the various knows what it is. But Medicaid is a mit that The Washington Post is cer- agencies up and functioning and some- contract between the individual States tainly not something that Rush where find the money to pay the sala- and the Federal Government to come Limbaugh and the boys read and con- ries to run them, and if we create this up with a solution for poor people’s sider their newspaper, but let’s see bureaucracy, we will still have 23 mil- health care. It was designed for the what The Washington Post said on lion Americans that won’t have health poor, the underprivileged. And it was March 21: The individual mandates ex- care coverage. Hmm. designed that the States and the Fed- tends the commerce clause’s power be- If your goal was to cover everybody, eral Government, the Federal Govern- yond economic activity to economic you failed. I don’t think it is really the ment would have the ability to work inactivity. That is unprecedented. Con- goal to cover everybody. I think the with the States to put together a con- gress has used its taxing power to fund goal is to put control of another part of tract and the State would provide so Social Security and Medicare. Never the American economy and Americans’ much resources and administer the before has it used its commerce power lives in the hands of the Federal Gov- program, and the Federal Government to mandate an individual person en- ernment. That’s what I think this is would provide so much resources. gaged in an economic transaction with about. And that is what I think it has This bill, without any input whatso- a private company. Regulating the always been about since we started this ever not only from the Republicans, no automobile industry by paying cash for discussion. input from the Republicans in the clunkers is one thing, making every- That is why the American people House of Representatives, but no input body buy a Chevy is quite another. were telling us what we want to talk

VerDate Mar 15 2010 10:25 Jun 20, 2013 Jkt 089102 PO 00000 Frm 00019 Fmt 0688 Sfmt 0634 E:\BR10\H26AP0.000 H26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 6298 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 5 April 26, 2010 about is cost. This stuff costs too this hour of tribute to two of our Na- of his: ‘‘If anyone thinks we are going much. What can you do to get the cost tion’s trailblazers, two drum majors for to stop agitating, they better think down? There is no cost savings in any justice, to incomparable human beings again. If anyone thinks we are going to of this; there is only cost imposition. whom we mourn because they are no stop litigating, they had better close So the one thing that I think we have longer physically with us, but who will up the courts. If anyone thinks we are a great shortage of in this town with forever be with us in spirit and through not going to demonstrate and protest, present company excepted is common the rich legacy that they both have they had better roll up the sidewalks.’’ sense. But I have great confidence in left. The Congressional Black Caucus, the average American, whether he be Individually, as communities of color through our positions, our advocacy, the Wall Street fat cat or the guy and as a Nation, we are far better be- and our legislative efforts here in Con- working in the grocery store in Round cause they passed this way and touched gress, live those words every day and Rock, Texas, they have common sense our lives during their earthly journeys. are proud to join the NAACP in taking to know what is good form and what is The people I am speaking of are Dr. up the torch he has passed to us with not good form. I think that is why we Benjamin Hooks and Dr. Dorothy I. pride. are seeing people getting up off the Height. b 2100 On Dr. Hooks, although I had the couch and making their voices heard Let me say a few words about Dr. honor of meeting him, I didn’t get to because this doesn’t make common Height. This country is indebted to her know Dr. Benjamin Hooks personally. sense. This is not the kind of world we for so many rights and privileges that But everyone knows or ought to know signed on to. It is not the kind of world we enjoy today, from her work opening we fought wars for. of the little old country creature that doors at YMCAs, to her empowering of We have an issue that it seems to he referred to himself as, but which communities in Mississippi and else- grow in intensity as the weeks go by. It surely grossly understated the measure where, to her leadership in the strug- is almost the gift that keeps on giving of this luminary of civil rights and gles for women’s rights and civil in that there is just more to talk about champion for a better America. rights, her uplifting of the African every week. I, too, like Congressman A native Tennessean, civil rights American families through the Annual BURGESS, lie awake in the middle of leader, Baptist minister, attorney and Family Reunions, her enrichment and the night and can’t get back to sleep judge, in fact, the first black judge to advancement of the National Council thinking about what is coming down serve in that position in Tennessee and of Negro Women, and all of the many the road and what we have to do. in all of the South after reconstruc- ways she helped shape policy and found Many of my colleagues don’t believe tion, he, like Dr. Height, has made an ways to address old and new ills in our this, but I understand we are about to immeasurable contribution to this community. There is not anyone who have a report come out on this, just as country that will continue to rever- has not benefited from her life of serv- an aside, all of the Members of Con- berate for generations to come. ice. gress and all of their office staffs were, His life experiences in high school, I want to spend my time, though, on page 157 of this bill, taken out of and particularly in World War II, and talking about the times and ways in their health care program and put his conquering of them all, I think is which I was privileged to play what under the pools. It is a very interesting what served to fuel his passion and his was but an infinitesimal part in her challenge. determination to ensure equality and work. First, it was always an honor to f justice for everyone in this country re- be in her presence. But in addition to gardless of race, color, religion, creed HONORING TWO TRAILBLAZERS the invitations, the receptions, meet- or nationality. ings, social activities, she also pulled The SPEAKER pro tempore (Ms. In a different and less strident par- me into her work with young women CHU). Under the Speaker’s announced tisan time, he was appointed to the and health. I was able to be part of her policy of January 6, 2009, the gentle- FCC, the first African American com- efforts on HIV and AIDS. I had the op- woman from the Virgin Islands (Mrs. missioner, by President Richard Nixon, portunity to address her town halls, CHRISTENSEN) is recognized for 60 min- as was my father to the Federal dis- most recently a little over a year ago, utes as the designee of the majority trict court in the Virgin Islands. a town hall on preventing obesity and leader. That Congressmen RUSH, BUTTER- lead poisoning in children in black and Mrs. CHRISTENSEN. Madam Speak- FIELD, and I must continue to raise the other poor communities. er, now that our colleagues on the same issues today that he championed: And I got to be a part of her planning other side of the aisle have completed the need for more minority ownership and developing the 12 or so sites for her their hour of speaking of how that of radio and TV stations, for more di- anti-obesity programs across the long-needed, hard-fought for health in- versity in employees in the industry, United States. She always made sure surance and preventive services for as well as for more positive image of that my district, and she did in this those who have had little or no access African Americans in the media, is not case, the U.S. Virgin Islands, was a to health care ought to be taken away, at all reflective of the cogency of his part of it. praising the AGs, as they were, who are argument or the determination of his But it wasn’t always just the big na- challenging the law through which we effort, but more of the depth and in- tional issues. She understood the de- Democrats provided the opportunity to transigence of the institutional racism mands of leadership, especially on every American for health and that continues to exist in this country. black women. And so she brought us wellness, we are now going to turn to An unrelenting supporter and advo- together to counsel, support, and en- remembering two individuals who all cate for self-help, he revived the courage us from time to time. of their lives worked to ensure that ac- NAACP during his legendary tenure of It’s hard to put in words the deep cess to health, education, and eco- 20 years, while furthering and strength- pride and yet the humble gratitude nomic opportunity was available for ening its missions, goals and ideals. He, that I had the opportunity in some all. like Dr. Dorothy Height, is the recipi- small way to get to know Dr. Height, Some of my colleagues spoke of the ent of both the President’s Medal of to be one of her countless mentees, to life and legacy of Dr. Dorothy Irene Freedom and the Congressional Gold be even a small part of her efforts that Height last week when Congresswoman Medal. I was in recent years. To have had her FUDGE’s resolution was on the floor, It is not enough that the University smile on me was a great blessing that but the Congressional Black Caucus of Memphis works to carry on his will stay with me and continue to en- wanted to use this time this evening to league see through the Benjamin courage me and guide me as long as I continue that tribute and also pay trib- Hooks Institute for Social Change, it is live. ute to Dr. Benjamin Hooks. I consider up to those of us on whose behalf he In a few minutes I am going to yield it a great honor and pleasure to anchor served to live his life and these words to some of my colleagues and our

VerDate Mar 15 2010 10:25 Jun 20, 2013 Jkt 089102 PO 00000 Frm 00020 Fmt 0688 Sfmt 0634 E:\BR10\H26AP0.000 H26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 26, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 5 6299

chairwoman, BARBARA LEE. I want to bered as a bold and brilliant African plement interracial chapters. After just read a couple of quotes here, first American woman who blazed many dedicating more than 60 years of her on Dr. Hooks. This is a quote from trails and opened many doors so that life to the YWCA, Dr. Height remained President Bush, who bestowed on him we all could lead freer and more pros- proudest of her efforts to direct the Y’s the Presidential Medal of Freedom: perous lives. A matriarch of the civil attention to the issues of civil rights ‘‘For 15 years, Dr. Hooks was a calm, rights movement and a staunch advo- and racial justice. She was so com- yet forceful voice for fairness, oppor- cate of women’s rights, Dr. Height mitted to this work. In fact, the Y tunity, and personal responsibility. He wore many hats throughout her life, named Dr. Height the first director of never tired or faltered in demanding both literally and figuratively, with its new Center for Racial Justice in that our Nation live up to its founding elegance and with dignity, with excel- 1965. ideals of liberty and equality.’’ lence and with determination. I am Julian Bond, the chairman emeritus going to miss her so much. She showed b 2110 of the NAACP, praised Dr. Hooks at the us that the fight for women’s rights time as well, saying: ‘‘Benjamin Hooks and our struggle for civil and human Imagine, in the thirties, this African had a stellar career—civil rights advo- rights were not mutually exclusive. American woman who put up a one- cate and leader, minister, businessman, She was a coalition builder in our work woman resistance movement to the public servant—there are few who are for justice for all. segregation of the Y—and she won. One his equal,’’ Bond said. A couple of months ago, as I was lis- person made that difference in the thir- And another quote on Dr. Benjamin tening to Congresswoman CHRISTEN- ties. Hooks from the president and CEO of SEN’s remarks about her personal in- As a leader of the United Christian the Joint Center on Economic and Po- volvement with Dr. Height and how she Youth Movement of North America, litical Studies, Dr. Ralph B. Everett. grew to love her, I myself had many, Dr. Height worked to desegregate the And he said: ‘‘Throughout his life and many experiences that brought me Armed Forces to stop lynching. Yes, career, the Reverend Dr. Hooks never very close to Dr. Height. And I can re- she knew lynching very well in her flinched in the face of enormous chal- member one of the last times that we day. Not too many years ago this coun- lenges, and his expansive dreams were were together. She called and she in- try has that stain which we still have always grounded in the concerns and sisted that I participate, and this was a to remind ourselves of. She worked to aspirations of the least fortunate. As couple of months ago, in the National stop lynching, to reform the criminal we carry on the work of building a bet- Council of Negro Women’s annual con- justice system and to establish free ac- ter and more inclusive society that af- ference in Maryland. And of course, as cess to public accommodations at a fords opportunity to all, we all have Dr. CHRISTENSEN knows, when Dr. time when racial segregation was the Dr. Benjamin Hooks’ shining example Height calls, you answer because you standard, mind you—and I know Dr. to keep us on the right path.’’ know it’s important. There is no way CHRISTENSEN remembers that. I re- Dr. Marian Wright Edelman wrote of you say no. member that very well. That was the Dr. Height on her passing. She started But Dr. Height, she knows the sched- standard. Resistance to integration with a quote from Dr. Dorothy Height ule here on the Hill because she was was often fierce. Dr. Height remained which reads: ‘‘We African American constantly here helping us with our forever vigilant. She remained true to women seldom do just what we want to outside strategy to move the Congres- her convictions. Even when it was not do, but always what we have to do. I sional Black Caucus’s agenda forward. the comfortable thing to do. am grateful to have been in a time and Well, she called and she said she knew A lifelong advocate for peace and place where I could be a part of what how busy I was, she said, but just come equality, Dr. Height was especially was needed.’’ And we are really grate- out to Maryland for the breakfast. I committed to empowering women and ful that she was in a time and a place said, Okay, Dr. Height, I will be there. girls. She stood toe to toe with our where she was needed. Dr. Edelman Well, I got there early, it may have great male civil rights leaders. Often- says, and I quote again: ‘‘When she been like 7 o’clock, 7:15, dragging. But times, she was the only woman in the passed away on April 20 at age 98, we there she was in her beautiful hat, sit- room, the only woman on the platform. all lost a treasure, a wise counselor, ting at the head table to greet me. She was steadfast in her dedication to and a rock we could always lean And being with Dr. Height, I tell you, ensure that black women’s issues and against for support in tough times.’’ that day I realized that I was in the concerns were addressed. She was for- At this time I am joined by the chair- presence of greatness. And I know, as ever dedicated to helping women woman of the Congressional Black Cau- with all of us, especially the women of achieve full and equal employment, cus, Congresswoman BARBARA LEE. the Congressional Black Caucus, when- pay, and education. And I would like to yield her such time ever she introduced us it was amazing, Dr. Height was an internationalist. as she might consume as she joins me because she knew so much about each Before many of us began our work on in these tributes. of us and she humbled us by the things the continent of Africa or in the Carib- Ms. LEE of California. Thank you that she would say about us. And we bean, Dr. Height, as the President of very much. Let me thank the gentle- would wonder how could this great the National Council of Negro Women, lady from the Virgin Islands for that woman say these nice things about us. had chapters, and she did work in the very moving tribute and for anchoring I mean, you know, we look up to her as villages in Africa—work that was vi- the Congressional Black Caucus’s Spe- a legendary shero, but yet she always, sionary, work that touched the lives of cial Order tonight. always lifted us up and made us feel so many women, children, and families. Madam Speaker, this month our Na- like we may be part of her. She knew that she was a citizen of the tion and the world lost two towering From her legendary stewardship as world and that she had to work both giants in the pursuit of freedom and the national president of Delta Sigma domestically here in our own country justice for all, Dr. Dorothy Irene Theta Sorority, Inc., to her unprece- and internationally if, in fact, she were Height and Dr. Benjamin Hooks. Both dented 41-year tenure at the helm of going to be a leader in our global move- lived long and fruitful lives and leave the National Council of Negro Women, ment. She is an internationally re- legacies that will endure for genera- Dr. Height, she was a woman of cour- nowned woman. tions to come. Tonight we pay tribute age and strength. Her commitment to Dr. Height led the NCNW, helping to Dr. Hooks and Dr. Height, two trail- equality was reflected in so many of women and families combat hunger. blazers, two giants who paved the way her pursuits—in fact, in all of her pur- She also established the Women’s Cen- and opened the doors of opportunity for suits. ter for Education and Career Advance- countless numbers of Americans. In the 1930s, for example, Dr. Height ment, in New York City, to prepare This week Dr. Height will be laid to traveled across the United States to women for entry-level jobs. During her rest, and she will be forever remem- encourage the YWCA chapters to im- tenure as the President of the NCNW,

VerDate Mar 15 2010 10:25 Jun 20, 2013 Jkt 089102 PO 00000 Frm 00021 Fmt 0688 Sfmt 0634 E:\BR10\H26AP0.000 H26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 6300 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 5 April 26, 2010 they were able to buy a beautiful build- provided this resistance movement. I civil rights by awarding him the ing right up the street, near the Cap- will tell you that we love her, that we Spingarn award, the NAACP’s highest itol. It’s a site where slave traders le- celebrate her life—and we do. We honor. He also rightfully received the gally operated what was know as the mourn her death. Presidential Medal of Freedom. What a Center Slave Market. To this day, it is Last week, an individual who I was man. What a man. He is going to be the only African American-owned privileged to meet and to know, Dr. missed. We miss him already, and I building on this corridor, proving that Benjamin Hooks, was laid to rest. He know, though, that the NAACP has she was not only a great leader but an was born on January 31, 1925, in Mem- taken up Dr. Hooks’ mantle and has astute businesswoman as well. I’ll phis, Tennessee. He was the fifth of mounted a very, very active, focused, never forget the evening of the fund- seven children. In life, he was a civil and committed campaign to the prin- raiser where she was able to raise the rights leader, a minister, an attorney, ciples and to the work of Dr. Benjamin money to retire the debt, to burn the and forever a champion of minorities Hooks. mortgage. and the poor. He was a man of all sea- So, with the passing of Dr. Height I mean Dr. Height was an unbeliev- sons. While studying prelaw at and Dr. Hooks, our Nation mourns the ably clear woman in terms of financial LeMoyne-Owen College in Memphis, loss of true national treasures. Dr. stability and economic security for the Dr. Hooks became acutely aware of the Height’s leadership in the struggle for organizations that she was a part of, realities of racial segregation. equality and human rights and wom- and now we have a building on Penn- In an interview with U.S. News and en’s rights serves as an inspiration to sylvania Avenue—again, the site of the World Report, he once recounted and all. Dr. Hooks will be remembered as a Center Slave Market. We heard her tell said, I wish I could tell you every time man who ceaselessly demanded that the story of how she found this build- I was on the highway and couldn’t use America live up to its founding prin- ing which was on that site, and we a restroom. My bladder is messed up ciple of justice, equality, and liberty. heard the story about that site, which because of that. My stomach is messed They will be truly missed. is too long to talk about tonight, but up from eating cold sandwiches. So, in the memory of Dr. Height and there is a wonderful story about that. So, after graduating from law school Dr. Hooks, it is the duty, I think, of all How she ended up purchasing a build- at DePaul University, Dr. Hooks re- Americans to pick up and to carry this ing on that site was, really, I think, turned to his native Memphis where he baton of freedom and justice. The the hand of God. Dr. Height remained a earned a local reputation as one of the world is a better place for everyone be- fighter until her last breath. few African American lawyers in town. cause Dr. Hooks and Dr. Height lived During my time here in Congress, es- Thoroughly committed to breaking their lives according to really what pecially as chair of the Congressional down the practices of racial segrega- they believed that God put them on Black Caucus, I always knew that I tion which existed in the United this Earth to do. I think we all have a could call on Dr. Height and that she States, Dr. Hooks fought prejudice at responsibility to keep their legacies would be there to support our efforts. every single turn. alive. Of course, last year, she attended He said, At the time, you were in- b 2120 President Barack Obama’s first signing sulted by law clerks, excluded from of a bill into law at the White House, white bar associations, and when I was Congressman CHRISTENSEN knows, the Lilly Ledbetter Act. She was in court, I was lucky to be called and every Member of this House knows present for the unveiling of the Shirley ‘‘Ben.’’ He recalled this in an interview this is a very intense, busy, hard job. Chisholm portrait and for the bust of with Jet Magazine, Usually, it was just We work here day and night. We go to Sojourner Truth here in the Capitol. ‘‘boy.’’ Yet he said the judges were al- our districts day and night. And when- She worked diligently on various issues ways fair. The discrimination of those ever we get weary or think that we with the Black Women’s Roundtable days has changed, and today, the South can’t go any further, I am reminded of and the Black Leadership Forum, and is ahead of the North in many respects Dr. Height and Dr. Hooks, who exem- she often participated in panels here on in civil rights progress, he said—an or- plified the words of a gospel song that Capitol Hill. dained Baptist minister, and he could many of us sing oftentimes in church Just recently, she joined our efforts preach. on Sunday. These words: I ain’t no way to support the 2010 census. She was Dr. Hooks joined the Southern Chris- tired. I’ve come too far from where I here in the Rayburn building, you tian Leadership Conference, SCLC, and started from. Nobody told me that the know, helping us organize, giving us he became a pioneer in the NAACP’s road would be easy, but I know he the message, speaking to young people, sponsored restaurant sit-ins and other didn’t bring me this far to leave me. and just saying that we have to make boycotts of consumer items and serv- Even when the road was very dif- sure that everyone is counted because, ices. Dr. Hooks was the first African ficult, and it was very difficult for if everyone is not counted, they will be American Commissioner of the Federal these two great human beings, they counted out. She knew what she was Communications Commission, a board kept going. They didn’t get tired. They talking about. member of the SCLC, and the first Af- kept going because they knew their We listened to Dr. Height. Many rican American criminal court judge in purpose and they knew that one day times, we attended many of her fund- Tennessee history. Twice a month, he they would rest in peace. That day has raisers, and I believe they are uncom- flew to Detroit to preach at the Great- come. But their spirit will live forever mon heights. Oftentimes, Dr. Height er New Mount Moriah Baptist Church. in the work of the Congressional Black would talk, maybe, for 20 minutes, for Dr. Hooks was a true public servant Caucus and in the work of all of those 30 minutes, for 40 minutes, for 45 min- who committed his life to empowering that they touch. May they rest in utes. The older she got, the more she communities of color. peace. wanted to tell her story. Even with her As the executive director of the Mrs. CHRISTENSEN. Thank you, talking about so much, people did not NAACP from 1977 to 1992, Dr. Hooks in- Congresswoman LEE, and thank you for get antsy and did not want to leave. creased the NAACP’s membership by your leadership of the Congressional They wanted to listen to this great several hundred thousand people and Black Caucus. And we know that under woman who knew Mary McLeod Be- raised critical funds for the associa- your leadership we will take up the thune and Eleanor Roosevelt. We were tion. He was instrumental in estab- mantle, take up the torch that they mesmerized every time we were in her lishing a program in which 200 corpora- have left for us and carry on their leg- presence, and we wanted to listen. We tions agreed to participate in economic acy. did not want to leave. development projects in black commu- I would like to say to Mrs. Frances Her passion was really an inspiration nities. Hooks, who is always at her husband’s to all of us here in Congress. It’s hard In 1986, the NAACP recognized Dr. side, his right hand and probably his to imagine that, in the thirties, she Hooks for his lifetime commitment to left hand too, you were an integral part

VerDate Mar 15 2010 10:25 Jun 20, 2013 Jkt 089102 PO 00000 Frm 00022 Fmt 0688 Sfmt 0634 E:\BR10\H26AP0.000 H26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 26, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 5 6301 of all that your husband accomplished, money to be pulled out, we could have heard the President of France lecture and we thank you too for your con- seen a downward spiral that could have us on the dangers of appeasement. tributions. On behalf of the Congres- been a crash of our economic system Oh, what a world we have today. How sional Black Caucus and on behalf of that could have potentially eclipsed so much it has changed in the last 2 or the people of the Virgin Islands, we ex- that of the Stock Market Crash that 3 years, Madam Speaker. How so much tend condolences to you and the fam- precipitated the Great Depression in the philosophy that has made America ily. We in the Virgin Islands have also October 1929. great has been pushed to the sidelines, benefited by the work of Dr. Hooks. We saw the Secretary of the Treas- hasn’t emerged very much in the And to Dr. Height’s sister Anthanette ury, Henry Paulson come to this Cap- thought process, the decisionmaking Height Aldridge, and her family, to the itol on September 19, 2008, and make a component of this, at least, even council, to the Delta Sisterhood, and request, a very serious request, and though it remains in the hearts and especially to two outstanding women some might characterize it as a de- minds of the American people. who I consider to be Dr. Height’s mand, for 700 billion taxpayer dollars, So, Madam Speaker, here we are daughters, the Honorable Alexis Her- 700 billion taxpayer dollars to inject today, $700 billion in TARP spending, man and the Reverend Barbara Wil- into this economy in a fashion that he gone, spent, blown. This, yes, was initi- liams Skinner, we extend condolences saw fit, in a fashion that wasn’t nec- ated under the Bush administration, as on behalf of the Congressional Black essarily laid out for us. We didn’t un- was the nationalization of several fi- Caucus again and on behalf of my Vir- derstand particularly his presentation. nancial institutions and the beginnings gin Islands family and the gratitude of We heard the words he said but it of the nationalization of AIG. However, all us for allowing and welcoming us wasn’t definitive. It wasn’t clear. And the balance of all these things that I’m into the life of Dr. Dorothy Irene as we found out after the $700 billion about to talk about came about under Height. worth of TARP passed, even those the Obama administration. And every- As many people have said, both Dr. words didn’t hold so very accurately thing that I’m talking about, from the Hooks and Dr. Height leave big and when we looked at the actual practice $700 billion TARP funding all the way awesome shoes to fill, but their lives of how the $700 billion was spent. through to today, was supported by ei- continue to speak to us and what they So, Madam Speaker, that was the ther then-Senator Barack Obama, can- are saying, what I hear them saying, is start of this long saga of what Amer- didate for the Presidency Barack step right into those shoes, fill them ica’s free enterprise economy, what is Obama, or the President of the United any way you can, and keep marching left of it, might look like and how we States, Barack Obama. That policy is on until victory is won. might manage these finances. indistinguishable whether he supported f It’s interesting to me that since that it as a Senator, whether he supported time, I have done some traveling it because he was a candidate for the THE AMERICAN ENTERPRISE around the world and I recall listening President or because he supported it as SYSTEM to Angela Merkel and the leaders in the President-elect or the President of The SPEAKER pro tempore. Under Germany the following February, if my the United States. the Speaker’s announced policy of Jan- memory serves me correctly, so it And George Bush gave some def- uary 6, 2009, the gentleman from Iowa would be February of 2009, say to us, erence to Barack Obama on how he (Mr. KING) is recognized for 60 minutes America, you’re spending too much would approach this economy. One day as the designee of the minority leader. money. You should not dump the $700 I hope to have that conversation with Mr. KING of Iowa. Madam Speaker, I billion in TARP in. It is a waste of President Bush. But, in any case, appreciate your indulgence this money. It is irresponsible. You need to there’s no component of this voracious evening and the opportunity to address pull back. Their proposal in Germany, appetite for overspending and pushing you here on the floor of the House. even though that is a social democ- government into every corner of our Not having had the opportunity to racy, a nation that wants to have as private sector lives, there’s no aspect listen to the dialogue of the previous much of it, apparently, within the of this that wasn’t supported by the people, I will take this up where the hands of the government to manage as President of the United States, Barack front of my mind and my conscience they can and a minimal amount within Obama. happens to be, and that is what is hap- the free enterprise system, they have a The American people know that and pening with and to America, what are different belief in it than we have. they understand it, Madam Speaker. our priorities, where are we going to go They had a $450 billion plan; ours was And so what we have seen, we have from here, presuming that we could ac- a $700 billion plan followed by a $787 seen the support for the $700 billion in tually reverse many of the things that billion plan, coupled with $1 or $2 tril- TARP. In fact, this Congress limited have taken place over the last 11⁄2 years lion disbursed by the U.S. Treasury the first half of that to $350 billion. or longer. that wasn’t within the province or the And that went, essentially, without Madam Speaker, I would ask your in- guidance of this Congress, and I think strings attached. And the balance of dulgence to just cast your mind back it’s awfully hard to track what that that, the other $350 billion, had to be into the last 11⁄2 years or so, this being might have meant. approved. This was in October of 2008, April 2010. In fact, I would take us back so it had to be approved by a Congress into August and September of 2008, per- b 2130 to be elected later and by a President haps a little more than 18 months by Theirs was $450 billion. I believe the to be elected later. We know what hap- now. And what we have seen happen is number was $80 billion in targeted ex- pened. The second $350 billion was ap- that we saw a concern about the poten- penditures and the rest were loan guar- proved by the Congress elected in No- tial economic collapse of the free antees. So one might argue the German vember of 2008 and approved by the world, the fear that global currency approach to this—the people that origi- President who was elected in 2008, and the confidence that allows us to nated socialized medicine, by the way— Barack Obama. trade in that currency could collapse was they would spend $80 billion in an So this entire lexicon of things that and that we would see the free market economic stimulus plan. Now, granted, happened economically, good or bad, economy and the markets within the their economy is not as large as ours, are not the fault of George Bush. They world, including the Dow Jones and a but $80 billion versus $700 billion, and are not laid at the feet of the previous number of the other market indexs, the another $787 billion, Madam Speaker, President. These are the responsibil- Nikkei market, European market, and and we have the Germans admonishing ities of this Congress, the House, the that list goes on, those lose the con- us because we’re spending too much Senate, under the leadership of Speak- fidence of the investors if that hap- money in trying to stimulate the econ- er PELOSI, the leadership of HARRY pened, if the investors pulled their omy in this robust Keynesian ap- REID down that aisle, and the leader- money out, if, in fact, there was any proach. And then since that time we’ve ship of Barack Obama, whom I have

VerDate Mar 15 2010 10:25 Jun 20, 2013 Jkt 089102 PO 00000 Frm 00023 Fmt 0688 Sfmt 0634 E:\BR10\H26AP0.000 H26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 6302 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 5 April 26, 2010 sometimes described as a ruling troika, under that all of a sudden all of the as- plicit guarantee in banks that were too Madam Speaker. That would be, as I sets that they have are dispersed or big to be allowed to fail. And it was fol- warned America about during that sunk into the ocean somewhere. The lowed through upon by this govern- same period of time, if you elect hard assets are still there. The ac- ment, by this President, in this admin- Barack Obama as the President of the counts are still there. They can still be istration, in this time, and approved by United States and re-renew the Speak- managed by some entity that comes in him as a United States Senator and ap- ership of NANCY PELOSI—in other and picks up the pieces. I have seen proved by him as a candidate for the words, reelect the Democrat majority this happen a number of times far too Presidency. here in the House—and you continue to close to make me comfortable within Too big too fail became too big to be expand the majority of the Democrats the banks that were closed back during allowed to fail. Too big to be allowed to in the United States Senate, we will those years in the farm crisis years of fail. The Federal Government would have created, and this is something the eighties. come in, and if we didn’t have the that I believe is part of the CONGRES- It happened over and over again, hun- money to bail out these businesses, SIONAL RECORD, a ruling troika in dreds and hundreds of banks went then we would tap into the United America—that ruling troika being the under. And when they went under, they States Treasury, who would borrow it President, Speaker PELOSI, HARRY were recapitalized. New board of direc- and borrow it from the Chinese and the REID, who could, by my words then, tors. New investors came in and picked Saudis and anybody else that could in- upheld to be true since then, go into a up those shares of stock. They looked vest in U.S. bonds and pick up these phone booth, the three of them— at the loan portfolios, they looked at businesses. haven’t done so literally, but figu- the deposits, and they made manage- So the Federal Government national- ratively they have—and decided what ment decisions to put that bank back ized three large investment banks in they would do to America. on a profitable track. Many of those the aftermath of this September 19 Their accountability isn’t to the banks, most of those banks, and I don’t visit to the Capitol by Henry Paulsen, American people. It isn’t to the will of know that I could say all of those then the Secretary of the Treasury. the American people. Their account- banks actually got turned back into Three large investment banks, owner- ability is only to the members of their profit. Yes, there were banks that were ship taken over. Ownership or control own caucus as to whether they would closed. There were those whose doors taken over by the Federal Government. not just reelect them as leaders but de- were shut and didn’t open again. But AIG, the insurance company, $180 bil- cline to un-elect them as the leaders of many banks came under new ownership lion invested in an insurance company, their caucus. That is the only restraint because they were sold back into the was guaranteeing securities. that is on them and then the restraint private sector. Even though the FDIC And then we back this up to the late of pushing policies that they couldn’t found themselves brokering assets of seventies when the Community Rein- pull the votes to get past. banks no longer solvent, they did not vestment Act was passed because there It came very close here in the House were lenders that were not willing to a couple of times. And I have respect hold on to the assets of those banks make bad loans in bad neighborhoods. for political operators that have an and operate those banks as if they were They had drawn red lines and con- ability to get those tough votes players in the private sector. But what we have seen happen with cluded the asset value was diminishing, through and get them passed. In fact, if this Obama White House is entirely dif- not appreciating, and the return on it’s the right thing to do, it’s a hard ferent than what we saw during the that investment, let’s say the collat- thing to run a good country—in fact, a farm crisis years of the eighties. First, eral value was shrinking. Therefore, if great country—if you can’t get those this idea of too big to fail. Too big to they loaned against that collateral tough votes accomplished. But I will value, they would find themselves up- suggest, Madam Speaker, that many of fail, Madam Speaker. No one in Amer- side down in those mortgage loans. So the things that have happened in this ica’s britches should be too big to fail. Congress, the 111th Congress and the Too big for their britches, but they they drew lines around the neighbor- 110th Congress that preceded it, are can’t fail. hoods where the value of assets was I’d point out a presentation that was anathema to the American vision and going down. made to us about 3 years ago at an 8 Now, some argued that it was a racist anathema to the American Dream, a.m. Wednesday morning meeting decision. I don’t know that. I wasn’t in that they run contrary to the prin- which I host, a breakfast which I host those rooms and I don’t know those ciples that made America great. 1 I can take us down this path. TARP and have done so for 5 ⁄2 years, the Con- people. For all I know, I never met the is one of them. The Federal Govern- servative Opportunities Society. One of people that were making those deci- ment’s business isn’t to come in and the very smart financial presenters sions. If it was for the racist reason, decide which businesses are too big to there—since that is off the record in it’s kind of like racial profiling. If that be allowed to fail and then put a huge that meeting, I can address what he is your only reason, then it’s wrong. bill against the taxpayers, their chil- said, but not his name—we were talk- But if it’s an indicator that makes you dren and their grandchildren; borrow ing about the subprime mortgage cri- look at the totality of the record, the money from the Chinese and the sis. And he said, When you’re in the okay, then it may not be wrong. But Saudis; and then make decisions on business, the investment banking busi- lenders were drawing a red line around which businesses should be allowed to ness, where he’d been for 30 years, what these neighborhoods, and they refused succeed, with government help, and you do in this business is—and he to make those loans into those neigh- which businesses should be allowed to paused for effect and said, Pretty much borhoods. fail. whatever everybody else does. That And there was a political decision This country has got to be run by way, if they’re making money, you’re made in this Congress that they were free enterprise, by the free markets; making money. But if things melt going to force lenders to make loans and if businesses fail, they have to be down and there is a bailout, then you into those neighborhoods that had red allowed to fail. And investors need to will be bailed out with everybody else. lines drawn around them. That was the be able to come in and pick up the Madam Speaker, it’s not hard for me Community Reinvestment Act. But the pieces at the discount that is available to imagine what that does to the in- problem was that they couldn’t get the when they go through chapter 11 or 7. vestment minds of people that are op- banks to make enough loans into those Their assets are still there. They can erating investment banks if they know neighborhoods because the collateral be managed by other corporate entities implicitly, not explicitly, that they value was going down and the under- or noncorporate entities, for that mat- can take a lot of risks and they are writing requirements for Fannie Mae ter. never really going to go under because and Freddie Mac prohibited them from It isn’t that if a bank went under or the Federal Government will come in picking up on the secondary market if AIG the insurance company went and bail them out. That was the im- some of those bad loans.

VerDate Mar 15 2010 10:25 Jun 20, 2013 Jkt 089102 PO 00000 Frm 00024 Fmt 0688 Sfmt 0634 E:\BR10\H26AP0.000 H26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 26, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 5 6303 So in 1978 I believe was the year when the class action lawsuits that were dot-com bubble. That’s the scenario the Community Reinvestment Act was brought against Microsoft by the State that was playing out. passed. They expected that there would attorneys generals, my State Attorney So unnaturally low interest rates be a lot more loans made into these General Tom Miller included—in fact, with an encouragement for people to neighborhoods that were redlined. one of the ringleaders in the lawsuit borrow money on terms that they There were more lines made but not against Microsoft. I actually think hadn’t seen in their adult lifetimes, enough to satisfy the organizations out that the dot-com bubble would have you couple that with the Community there in the inner city. The community burst anyway. Because what it was, it Reinvestment Act, passed in the seven- organizers—we can ask the President was a speculator’s bubble. Yes, there ties, refreshed in the nineties, coupled about community organizers. What do was value in our ability to store and with the lowering of the capital and they do? They advocate for taxpayer transfer information more effectively the underwriter requirements of dollars and redistribute those taxpayer than ever before. The speculators in- Fannie Mae and Freddie Mac and an dollars into the neighborhoods. They vested in that. They bet that would re- aggressive lobbying part on the part of don’t contribute to the free enterprise turn on their investment and these ACORN, who came to this Congress and economy. They just tap into the tax- technology companies would blossom lobbied to lower the underwriting payers, distribute those taxpayer dol- and make huge profits and they would standards for Fannie and Freddie and lars, and in exchange trade off for po- cash in on them. to push the Community Reinvestment Act, and ACORN finding themselves litical power. That is what community b 2140 organizers do. and putting themselves in a position in So these community organizers con- But this bubble was created out of the communities whereby they got to cluded that they weren’t going to get that speculation, and the thing that approve or disapprove of the effort of enough loans into those neighborhoods wasn’t corrected for some time until the lending institutions to make bad so they came back to this Congress and the bursting or the piercing of the dot- loans in bad neighborhoods. lobbied this Congress in the nineties to com bubble was the inability for the Now we have cooked up the perfect make changes in the Community Rein- market to consider that having that economic witch’s brew, Madam Speak- vestment Act and, by the way, because technological ability to store and er, that resulted in the toxic mortgages of the Community Reinvestment Act, transfer information more effectively that nearly brought down the global they also found out that Fannie Mae than ever before didn’t necessarily economy. That’s a component of the and Freddie Mac had strict enough un- translate into profits for companies. scenario which nearly brought down derwriting requirements, that because You have to produce something more the global economy. And as these in- of those capital requirements and the efficiently in order for the value of vestment banks, lending institutions underwriting requirements, Fannie and that company to be there. picked up the mortgage loans on the Freddie, the secondary loan market, So, with the Internet, for example, secondary market, Fannie and Freddie the GSEs in the United States, could whatever the Internet does to improve tranched them, sliced and diced them, not pick up those loans off of those the productivity of all of our compa- packaged them, shuffled them, cut the lending institutions. nies—and anybody that is engaged in deck, sorted them out and began to sell And so they have refreshed the Com- business will know that it does im- them on up the market. munity Reinvestment Act and made it prove your productivity as a com- AIG, the insurance company, was a little more strict, but also into the pany—you have the value of that pro- looking at these bundles of mortgage- bargain they lowered the underwriting ductivity as to what it’s worth, not backed securities, setting a premium requirements for Fannie Mae and what you speculate you can store or risk rate on these bundles and charging Freddie Mac. Now we have created a transfer for information. that premium. And whenever they were scenario for real bad loans in bad The only other things that you got to packaged and bundled and marketed neighborhoods, real net loss to the add to that dot-com bubble value was for a profit, the people that were doing lenders. But the lenders weren’t on the the increase in productivity and the that were taking their profit out and hook so much because as soon as they value that you have for recreation. So passing the risk on, and AIG was pass- could make a loan into a neighborhood if people surf the Internet, and they ing judgment on that risk with no that was approved by organizations were willing to pay for that, that was a check and no balance and no one look- like ACORN, they could peddle that component of our economy. ing over their shoulder, and no one loan off into the secondary market and But the dot-com bubble burst. And as knew the market. They just trusted Fannie Mae and Freddie Mac would it collapsed, we were seeing the end of that AIG would know the answer be- pick up the entire tab on that and the the Clinton administration. That was cause, after all, they were the premiere original lender would be off the hook. the recession that they talked about insurance company. They had been So there’s plenty of incentive for the during that period of time. And as growing by leaps and bounds. But their original lenders to be retail marketing George Bush was elected, we saw Alan agents were skimming—I don’t know if bad loans in bad neighborhoods as long Greenspan make an evaluation—and I I would say ‘‘skimming’’ is a fair as they could package them up, sell suspect this is accurate, and he would enough word. But their agents were them into the secondary market under have a different opinion of it perhaps— taking a profit out for the marketing Fannie Mae and Freddie Mac. Fannie but that we needed to make some ad- of the policies and the premiums, but Mae and Freddie Mac then got to this justments in this economy in order to there was no continued responsibility point where they could see that they compensate for our declining economy and liability. need to divest themselves of some of because of the bursting of the dot-com So I’ll suggest that when people those loans, and they sliced them and bubble. Remember, the bubble burst, make investments and they pass those diced them, and turned around and and it left a depression within our investments up the line and they can spun them back into the tertiary mar- economy. And I don’t use that in eco- take profit out of them at every step ket and beyond. nomic terms. I use that in, let’s say, along the way, it’s kind of like the re- So as this mortgage market was literal terms. verse of the value-added tax, isn’t it, moving along, it was still moving slow- So Alan Greenspan looked at that Madam Speaker, where every time you ly through the nineties. And we got to- and decided that we need to recover can bundle up some mortgage-backed wards the end of the nineties, and actu- this economy. How do we do this? Well, securities, package them up, get AIG ally to the year 2000, when George Bush unnaturally low interest rates. We’re to set a premium on that and get a was elected, we had at the end of the going to promote more mortgage loans. guaranteed return rate because AIG’s nineties the bursting of the dot-com We are going to create a housing mar- premium is there, pass that on up the bubble. When the dot-com bubble was ket and a housing boom, and we are line, you take your margin out of that, burst—and I suspect it was pierced by going to use that to fill the hole in the it’s kind of like selling the wheat and

VerDate Mar 15 2010 10:25 Jun 20, 2013 Jkt 089102 PO 00000 Frm 00025 Fmt 0688 Sfmt 0634 E:\BR10\H26AP0.000 H26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 6304 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 5 April 26, 2010 paying the tax to the Federal Govern- on at the beginning of World War II. Recession that we appear to be in has ment and sending the invoice along And then we had to take on a lot more spent a lot more money than was spent with it while the guy at the mill grinds debt. But at least during that period of during the Great Depression of the the wheat into flour. He takes the in- time, had we not borrowed all of that 1930s. The result, I believe, will be simi- voice from the value-added tax and money, not spent all of that money, lar. uses that for his credit, and it goes on then the United States economy would If you take a business, we can think up the line. He pays his 10 percent tax not have had to service all of the inter- in terms of a small business, a small and goes to the baker, and the baker est and service all of the debt. business that generates $100,000 a year then uses the two invoice credits of the Interest and principal. Could it be in gross receipts, and perhaps has a 10 percent on the wheat and the value that the people in this country have $10,000 mortgage with a 10 percent loan added that is another 10 percent on the forgotten what interest and principal is on it. This is so I can do the math as I increased amount on the flour that’s and what it takes in cash flow to serv- am talking. So your $100,000 in gross milled from the wheat that goes to the ice the debt. And will they ever figure receipts needs to pay the proprietor, baker who pays the tax of what’s left out what it is like to be on the other pay the utility bills, and all of the on the value added before it goes to be- side of this? overhead, as well as the interest. So if come the bread. I recall a very good neighbor and a you are grossing $100,000 with a $10,000 wise mentor friend of mine, Dennis loan, then 10 percent of that loan b 2150 Lindberg, who has since passed away, would be $1,000. And if you are paying The same was going on during the told me a story about when he was a $1,000 in interest, and let’s just say you era of the Community Reinvestment young man and how he had the experi- are going to retire that debt on a 10 Act and Fannie Mae and Freddie Mac ence of paying interest at a very young year loan, so you pay 10 percent of the and the tranche mortgage-backed secu- age. He said to me, I decided early on principal each year. rities and AIG guaranteeing, passing that if I was going to have anything to The first year it would be $1,000 in in- that thing all of the way up the line. It do with interest, I was going to be the terest and another $1,000 in principal; became, yes, there was foundational one collecting it. $2,000 out of your $100,000 goes to pay value underneath these mortgages. But this government looks like they the debt, to service the debt you have. That is the market value of the real es- will have a lot to do with interest, and And then you have to take your mar- tate, but it also was a huge chain letter they will forever be the ones paying gins, your expenses out of the remain- that was marketed all of the way up the interest rather than collecting the ing $98,000 and have enough to feed the through. And when the investors in the interest. proprietor and keep the proprietor en- world lost confidence that they no So this economy has been diminished gaged in the business longer knew the value of these bundles by the burden that has been put upon Let’s just say that all of a sudden, we of mortgage-backed securities, then it, just like it was diminished in the have this economic crisis and the busi- that happened, then we were threat- 1930s by the burden put upon it. The ness is having trouble. It gets flooded ened with an economic meltdown, stock market crashed in October of or burned out or whatever it might be, Madam Speaker. 1929, and it didn’t recover during the and along comes on the Small Business That is kind of how we got here. And Great Depression years of the 1930s. It Administration or some other entity, now, as the economy spirals downward, didn’t recover during World War II. The and they say we can keep you in busi- or more or less the threat of the econ- stock market was still struggling to ness, but you can’t stay in business un- omy spiraling downward, we look to a get back to where it was at the end of less you borrow $100,000 and we will in- President who is a Keynesian econo- World War II, at the beginning of the ject that $100,000 of capital into your mist on steroids. He believes, and I Korean War, at the end of the Korean business. Well, that is nice. You get to have certainly heard it directly from war. It wasn’t FDR who solved the stay in business. his lips in very short range that Frank- problem. FDR delayed the recovery by Now you have $109,000 worth of debt lin Delano Roosevelt lost his nerve on borrowing all of that money and spend- to service, but I will just go with the spending and that he just didn’t spend ing all of that money in the New Deal $100,000 because I am speaking off the enough money. If he would have spent during the Great Depression. The stock cuff and I can do the math as we fly. a lot of more money, it is the view of market didn’t come back to where it Now your interest burden is not $1,000 the President, whom I take at his was in 1929 until Franklin Delano Roo- on the $10,000 debt you had, it is $10,000 word, that the Great Depression would sevelt had been dead for 9 years; 1954 is interest on the $100,000 debt you have, have been over in the 1930s and we when the Dow Jones Industrial Aver- and the 10 percent you were paying on wouldn’t have had to wait until World age recovered to the place where it was principal of the $10,000 debt, that $1,000, War II that brought about the most ef- when it crashed in October of 1929. All now becomes $10,000. fective economic stimulus plan ever. of those years, 9 years after Franklin So your business that was servicing That would also be the President’s Delano Roosevelt passed away. with $2,000 a $10,000 debt, now has to view. And I want to give him a tip of the have two $20,000s to serve the $10,000 But I will submit when the stock hat and a nod, and a significant meas- worth of interest and the $10,000 worth market crashed in October of 1929 and ure of respect for the way he led this of principal on your $100,000 debt. we saw my Iowa President do some country in World War II. He was solid. You have taken your ability, your things that FDR may well have ap- He was an anchor, he was stalwart, and gross receipts in the business are simi- proved of, and FDR went in with the a commander in chief. He had a vision lar or the same. You can only service New Deal, which, in my view, was a for full, all-out 100 percent war de- $2,000 on the old way of financing with really bad deal, and in President manding total surrender from our en- the $1,000 of interest and $1,000 worth of Obama’s view was a pretty good deal emies. I can take some issue with some principal, $2,000 out of your $100,000 and could have been a better deal if he of the decisions made along the way; gross, but when they give you this nice spent a lot more money, it didn’t bring but on balance, Roosevelt was a very loan that you borrowed $100,000, now about a recovery from the Depression good wartime President. I just don’t you have to figure out how to service that started in October of 1929, but think he was a very good depression- $10,000 worth of interest and $10,000 what it did when the Federal Govern- era President. worth of principal out of a $100,000 ment borrowed a lot of money, and And this President, I have no idea worth of gross receipts. Instead of it they borrowed it from the American what kind of wartime President he being 2 percent, now it is 20 percent. people in the form of bonds, they cre- would be. We are not in a depression. I hope this example, Madam Speaker, ated a lot of make-work projects, had Some will say we are in the Great Re- is explanatory to the President of the to pay the interest, had to pay the cession. That is the vernacular that United States, to Larry Summers, to principal, we had all of this debt going has been adopted most. But this Great the people that are looking at this

VerDate Mar 15 2010 10:25 Jun 20, 2013 Jkt 089102 PO 00000 Frm 00026 Fmt 0688 Sfmt 0634 E:\BR10\H26AP0.000 H26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 26, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 5 6305 economy and believing that John May- the abolishment of the IRS and the tic product up. And when we do that, nard Keynes had some answers. He had Federal income tax. Not one. Smart we will see prosperity, the prosperity answers all right, but they were the people there, yes. Their decisions, that comes from our efficiencies, from wrong ones, Madam Speaker. though, and their positions, from what our productivity producing goods and We need to reduce the debt. We need I have seen, are not economic positions services that have value. And so when to reduce spending, and only when we exclusively. They are pragmatic eco- Ronald Reagan said, ‘‘What you tax do that can we have a free market nomic decisions that are tempered by you get less of,’’ he was recognizing economy that will work its way out of their judgment of political reality. that we punish productivity. this and let us be able to pay the inter- So couldn’t we at the very least, if The Internal Revenue Service and est and pay down the debt so that this we wanted to provide solutions for the income tax code are completely economy can finally get around to the America, couldn’t we set all of our pol- dedicated to taxing all productivity in side where it is not constantly bur- itics aside, take away all of this prag- America, punishing all productivity in dened servicing interest and debt as op- matism that is political pragmatism, America, setting aside everything that posed to the legitimate functions of not economic realism, throw that off to is good and productive about our econ- government. the side, park it over there in the park- omy and taxing it. We did had 2 or 3 years here where we ing lot, can’t we clean out all of the po- So if you punch a time clock and you had a balanced budget. There are some litical jargon that’s there and sit down go forward and you earn wages, you are reasons for that. I will give Bill Clinton and first ask the question: What would taxed on it. At least the payroll tax. a little credit. And I will give the Re- be the smartest thing we could do eco- The Social Security, Medicare, Med- publican Congress a lot of credit. They nomically in this country? And in the icaid tax, that is on there. You will pay came in here revolutionaries and they process of doing that, how do we fund your income tax when you reach a cer- decided that they were going to choke this government, the necessary compo- tain threshold. If you have earnings, spending down, and they did that. I nents of the Federal Government? savings or investment, if you are going think also, though, the economy out- Madam Speaker, those are the basic to cash in your dividend check, your grew their predictions and so they were questions I have been asking about this capital gains, your interest check, all a bit surprised when they balanced the country for 30 years. And I am making of that’s taxed by the IRS. budget. a recommendation to the debt commis- If you go through life and you ac- I think Bill Clinton was a bit sur- sion. And I trust that they will over- quire an equity base, a net worth, and prised when the budget came balanced. hear this discussion that you and I are perhaps you pay the tax on all of your Those are the fortunate happenstances having tonight, Madam Speaker. But it income as you go along, and maybe of history. We need to be more prudent comes down to this: if we were going to even your investments didn’t appre- than that even. devise a tax policy for the United ciate in value and were never taxed in We are going to have to go back. This States starting from scratch, that pro- that fashion—if they were you would debt commission that meets tomorrow, verbial blank slate or a blank piece of have paid it—but you have a nest egg that starts out with Erskine Bowles paper, that tax policy, Madam Speaker, of, let’s say, $10 million, which is a and former Senator Alan Simpson as would not be the Internal Revenue tax pretty good lifetime of work, this year co-chairs, they are going to examine or code. We would not generate the you could die and pass it along to your all of this debt and figure out how to IRS. We would not look at this as a tax children because the Democrats are look at the debt and the income to on income. asleep at the switch. They would like Because here is what Ronald Reagan bring America into something that is to tax your estate. They just haven’t once said. Ronald Reagan once said, more responsible. I don’t think that gotten around to doing that, partly be- ‘‘What you tax you get less of.’’ He also they think that they are going to bal- cause the gavel in the Ways and Means said, ‘‘What you subsidize you get more ance the budget or make a proposal Committee has been in three different of.’’ But I will stick with the tax side that will balance the budget, I think hands, all of that within 24 hours by of this. What you tax you get less of. they believe that they are going to the way. look at the spending and the income The tax is a punishment. We here in All of your productivity, all of your and make some kind of a recommenda- America tax, and that is in quotes earnings from your work, all of your tion that would help compensate the ‘‘punish’’ all productivity in the United earnings from your investments and calamity that we are in. States. your management of whatever business But, Madam Speaker, I would submit If you have earnings, savings or in- you might start or your dividends, that if you want a committee to vestment, if you punch the time clock your capital gains, your interest in- produce a result, write up that result. and go to work, if you start a business come, your estate tax, all of that is Tell me the result you would like and and put your sweat equity matched up taxed, all of that is productivity, all of present it to me, and I can appoint for with what capital you might have, that is punished by the Federal Gov- you the committee that will produce package that together and start a little ernment today. So what do we get? We the result that you want. That is how factory or a service company, or start get less productivity. We get less in- it has been done around this Hill since marketing an invention, whatever it is vestment because the cost of capital time immemorial, how it is done in the that you might do, the IRS will come goes up. And we get less savings be- real world, how it is done in the city along and identify that productivity cause the interest income on the sav- council meetings and the county super- and tax it, punish it, shrink it, take ings will be taxed by the IRS. visory meetings and within the outside away your incentive to produce it. committees of our State legislatures. Production is what drives this econ- We will have fewer dividends because And that is not a criticism of the peo- omy, not spending. That’s a Keynesian companies are looking to figure out ple who sit on that debt commission. mistake. It’s not and never has been an how they can avoid the corporate in- economy that is driven by government come tax in order to not pay out the b 2200 spending or the Federal Government dividends that come from the profits. They are good people by and large borrowing and bonding and putting And their dividends themselves are and by balance. But they do not rep- cash in the hands of people so they taxed. When the board of directors resent, I don’t believe, the creative spend it into the economy to get this cashes in on those dividends, they are ideas in the United States. First of all, to recover. That is not the answer. looking at the tax liability; so they are I look through that list of people on Our answer is we need to produce. We thinking, let’s roll it. I don’t want to the commission; I don’t find a single need to increase the production in take that out because the IRS will person on that commission that sup- America, in competition with the rest come in and tax. ports a national sales tax. I don’t find of the world, and market more goods And by the way, investments in for- a single person that has advocated for and services and drive our gross domes- eign lands, if they are repatriated into

VerDate Mar 15 2010 10:25 Jun 20, 2013 Jkt 089102 PO 00000 Frm 00027 Fmt 0688 Sfmt 0634 E:\BR10\H26AP0.000 H26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 6306 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 5 April 26, 2010 the United States, there will be a cap- licly traded businesses eventually. during that time—to see that we had ital gains tax against that or an in- Some of them will go to work for other built something that so many people come tax against that as well. So there companies, and they will add to the were dependent upon, something that is in the order of $13 billion in private value of those companies because of was good and just and honest and de- sector capital that is stranded overseas their creative ideas. Some of them will cent and productive. Of course, the tax that isn’t coming back to the United be such good nuts-and-bolts account- burden on that was one of the anchors States because there is a penalty there ants that they’ll find other ways for that we had to drag all the way for bringing it into this economy. If we companies to make money, and it through. would just suspend the tax on all the might well be their companies. Some So I had come to a conclusion that I capital overseas, we would see trillions are entrepreneurs, but the creativity of wanted to eliminate the IRS, that I come back into the United States. Five America is diminished because we’re wanted to end this punishment for pro- trillion perhaps in the first year, most locking up a bunch of human capital to ductivity, that I wanted to put the tax if not all of that in the succeeding audit and punish the productivity of on consumption, to let people earn all years. the American people. they could earn, to save all they could That’s why the fair tax is the right What sense does that make, Madam save, to invest all they wanted to in- way to go. There are many good rea- Speaker? Why do we have a sense of vest, to accept the proceeds of their in- sons why the fair tax is the right way class envy against people who would be vestments, and to move them around to go, Madam Speaker. But the biggest productive and who would make without penalty. Sell anything you reason—two big reasons—one big rea- money? want to sell. Take your capital gains. son is the fair tax ends the IRS. It ends Now, I’m not among them. I’m not Put it in the bank, and do what you the Internal Revenue Code. It ends the going to die a rich man, Madam Speak- want to do. Yet, when you spend the punishment to productivity in Amer- er. There is nobody in my lineage who’s money, pay the tax. ica. It stops the punishment of earn- going to pass it along to me. I’ve dedi- I understand, and I would think that ings, savings and investment, and lets cated my life to this public service and anybody at this level of government a person earn all they can earn, save have made a little money in my time, should understand that businesses all they want to save, invest all they not enough to talk about and certainly don’t pay taxes. Corporations, sole pro- want to invest, and in fact take the not enough to brag about, but I’ve en- prietorships, LLCs don’t pay taxes. proceeds from the investments out and gaged in this free enterprise economy. They collect taxes for government. move them around, put them in an in- I started a business in 1975 when I They pass the costs of taxes through to vestment where they will return better had a negative net worth of $5,000. I the consumer, but they don’t pay rather than having to pay tax when went out and bought an old, beaten-up taxes. If they didn’t pass those costs you cash that check in. bulldozer, an old D–717A. That machine along, they would be broke, and we all So now we have all of these people was so decrepit that I couldn’t even put know that. Businesses are effective and that are involved in tax avoidance, all it to work to make my first dollar efficient collectors of taxes for govern- the tax attorneys that are involved, H until I took the welder out and welded ment, but they are not taxpayers. So & R Block involved in tax avoidance on it for 2 weeks before I could get it we can get to two principles here: because the taxes may be avoided, they stuck together enough that I could put One I’ve spoken about in some depth, are delayed; but in effect they are often it to work. I put it to work. After 3 which is that taxing productivity re- not circumvented. They must be paid hours, I watched the old pressure gauge duces our productivity. Increasing our eventually. Most of them. That’s what go from the peg of high pressure all the productivity is a solution for our econ- this Tax Code is set up to do. way down to zero—just about like that. omy, so we should take all of the tax My position is this: I am for H.R. 25. As that happened, I dropped the throt- off of productivity, and we should put I am for the national sales tax. I am for tle down and shut the machine off. I it on consumption. the fair tax. And what it does, it takes had to tear the engine all the way The next principle is that businesses all tax off of productivity, it abolishes down and had to put it all the way don’t pay taxes. They collect taxes the IRS, it puts the tax over on con- back together in the rain. My wife was from consumers. So why wouldn’t we sumption, where it provides an incen- standing there, 41⁄2-months pregnant just allow the 44 or 45 States which tive for savings and investment. When with our first child, and I was torquing currently have a sales tax to use the you tax consumption, that encourages head bolts on a D–7, in the rain, in Sep- engine that they have, the system that people to invest and save. And they can tember. That’s how we got started. they have, to collect the sales tax in build their nest egg. And the capital I have an appreciation for what it the same fashion that they’re col- comes back to the United States. That takes to start a business, to make that lecting it at the retail outlets within big chunk of that $13 trillion comes business go, to grow that business to their States now? No exemptions. We’d back to the United States. where we can hire people and can pay have to tax sales and service. Yes, gov- And all of these high-rise buildings wages and benefits. I certainly have an ernment would have to pay that tax. that have highly paid tax lawyers in it appreciation, Madam Speaker, for They’re paying it today in the embed- and the corporations that have whole walking into my construction office ded costs of the things that they buy. floors of their buildings dedicated to sometime in the early 1990s when I first The government has to pay tax. There tax attorneys, tax advisers, account- noticed this. My secretary had taken has got to be a tax on sales and service, ants for the purpose of avoiding taxes, our Christmas tree and had decorated and it would only be the last stop on all that goes away. And that human that Christmas tree with gold sil- the retail dollar. capital, the very smart people, moral, houettes of Christmas trees, of Santa So, if it’s a farmer, for example, rest hardworking, ethical people who have and a sleigh, of baby Jesus, of the Star easy because, if you go out and buy a legitimate jobs in today’s environment, of Bethlehem, of snowflakes. Each one new combine or a planter or a tractor they could turn their focus into pro- of those on that tree was engraved with or a rotary hoe, or whatever it is that ducing something that has value rather the name of either an employee, a it might be that you need, you than tax delay or tax avoidance. spouse or one of their children, and wouldn’t have to pay sales tax on that there were enough who were dependent equipment because that’s a business b 2210 upon King Construction to decorate input cost. So you can buy equipment. Think what it would be like to take that entire Christmas tree. That was You can put it into your fleet. You can all of those smart brains and turn them the time it really hit me that the deci- work it, but you don’t have to pay loose to help us figure out how to be sions that I made affected the lives of sales tax on that equipment because more productive. Some of them will go all of those families and their children. it’s a business input cost; but if you out and start a business. Those busi- It was something that weighed on me buy, for example, a cap to put on your nesses will go up, and they will be pub- heavily but that also gave me great joy head while you ride around in that

VerDate Mar 15 2010 10:25 Jun 20, 2013 Jkt 089102 PO 00000 Frm 00028 Fmt 0688 Sfmt 0634 E:\BR10\H26AP0.000 H26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 26, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 5 6307 combine or while you pull that planter have a 7 percent sales tax in the State, investments, interest income, and all on that new tractor, you’d pay sales in many of the regions, and I trust it of the components—the State tax in- tax on the cap because that’s a per- was in this one. He’d saved up his cluded. It does all of those things. The sonal item. That’s how the differentia- money, and he wanted to go in and buy Fair Tax does everything good that tion comes down. We would have to tax a little box of Skittles—those little anybody’s tax reform does. It does all goods and services. sweets that are there on the counter. them all. It does them all better, and So, if people are sitting there think- They were 89 cents, and he’d saved his the American people are getting closer ing, well, my pharmaceuticals will be money and had counted it out. He went to understanding what this means. exempted, no, sorry, we can’t exempt in and got his Skittles out and laid The American people can visualize them either. Pharmaceuticals wouldn’t them up on the counter at the conven- what happens—a world without the be exempted. Neither would Pablum or ience store. He counted out his money, IRS, a world without punishment for Pampers or any of these products that the 89 cents, all the way up to the right production, a world that has little kids we would call ‘‘food’’ or preferred items penny. growing up like Michael Dix, who is for those organizations or entities that The lady who ran the checkout reg- now a young man who understands we think we’d like to untax, because, ister rang it up, and said, Okay. That’ll that paying taxes is a personal experi- as soon as we start creating exemp- be 96 cents. ence. It’s transformative, Madam tions, then there’s another exemption He looked at her, and he said, But Speaker, for this country to move that has equal or more merit. Pretty they’re 89 cents. That’s what it says on down the path of a national sales tax soon, it would narrow the tax base to the box. and toward abolishing the IRS. the point where the rate would be too She said, Well, no. You’ve got to pay Some will say they support a na- high and we couldn’t sustain this. It the Governor. You’ve got to pay the tional sales tax, H.R. 25, the Fair Tax, has to be no exemptions. All tax on tax. provided that we first repeal the 16th sales and services must be paid. So there he is with the 89 cents, hav- Amendment, but that sets up an impos- If you were to go out and build a new ing saved it to buy his Skittles. It’s a sible bar. Can we imagine any piece of house, you would pay a sales tax on the transaction that’s pretty important to legislation that we would predicate materials—on the lumber, on the Michael Dix, as it should be to any upon the passage of a constitutional plumbing, which are all of the things young child that age. He found out that amendment? What if we had the flat that go into a new house, and on the he had to pay the tax and that she tax and we had to pass a constitutional labor. Though, if you would sell that wanted 96 cents. amendment before we could adopt the new house the next week, there would He turned to his dad, and he said, flat tax? What if we had to pass a con- be no sales tax on it because it would Dad, I have to pay tax on Skittles? stitutional amendment before we be a used house, and the tax would Imagine, Madam Speaker. Imagine raised the debt ceiling? What if we had have already been paid on the mate- what that does. I don’t think Michael fixated in the Constitution of the rials and on the labor. Now, that might Dix is going to be a guy who’s going to United States a debt ceiling that we seem like a high cost for a new house grow up demanding that the Federal couldn’t surpass? I think that would be except that the cost of those materials Government produce more things for a good thing, actually. I’d like to that would go into the house would be, him. I don’t think he’s going to be one ratchet it down from where it is now. on average, 22 percent cheaper. That’s who’s going to tolerate higher taxes. I We couldn’t pass that constitutional because there is an embedded Federal think this young man is going to grow amendment. The bar is too high. The tax in everything that we buy, which up to personal responsibility, very well bar is too high to set the standard that averages at 22 percent. Remember, aware of how burdensome the Federal passing the repeal of the 16th Amend- these businesses don’t pay taxes. They and the State governments are. He’ll ment is a condition to adopt a national pass them along to the consumers. make sure that when government pro- sales tax. Here is the reality of it: Here is how it works, Madam Speaker: vides a service that it’s a good value H.R. 25, the Fair Tax, does this. It Their businesses will factor it into for that and that it’s a necessary serv- starts the process for the repeal of the their prices, and they must. That $1 ice, not one that’s frivolous—or, man, 16th Amendment and abolishes the widget has an average of 22-cents’ he’s going to know always that the IRS. It abolishes the Income Tax Code worth of embedded Federal taxes in the money came out of the pocket of Mi- in its entirety. price. So, if you would pass this na- chael Dix and that it didn’t come out, Can we imagine the American people tional sales tax, the Fair Tax, you necessarily, of the pocket of some freed of the burden of the IRS—freed would see competition drive the price anonymous person. from the fear of audit? The American down. Your $1 widget would be priced It’s personal. The national sales tax, people get 56 percent more on their then at 78 cents. Twenty-two percent of the Fair Tax, makes this personal, paychecks. They make their own deci- the embedded cost of that $1 widget Madam Speaker. It makes it personal sions on when to pay their taxes, and would go down to 78 cents. Yes, you’d for millions and millions of kids who the IRS becomes a thing of history, have to add back in a 23 percent embed- are growing up in America and who are and the Internal Revenue Code—the ded national sales tax in that on the making billions of transactions. Every punishment, the tax on all produc- sales and on the service. Yes, that time, they’re being reminded that the tivity—is gone. would take that up to just a skosh over Federal Government is expensive. An Do we think for a minute, Madam $1 again. Yet people would get 56 per- expensive Federal Government that Speaker, that this Congress of the cent more in their paychecks. They makes everybody a taxpayer becomes a American people would tolerate the re- would have a lot more money to spend. Federal Government that those tax- establishment of the IRS or the rees- The retail prices wouldn’t look a lot payers demand less of. More freedom. tablishment of the Income Tax Code? different when you’d be done paying Less taxes. That’s the equation. No, they would not. In fact, they would the tax than they would today, but the The national sales tax, the Fair Tax, be so glad to get 56 percent more on difference is that everybody would see H.R. 25, is transformative. It’s trans- their paychecks and would be so glad how expensive the Federal tax is, and formative from an economic stand- to have the freedom to make the deci- they would make less demands on gov- point because it takes all of the taxes sions on when to pay their taxes rather ernment because it would make every- off of productivity, and it puts all of than having the IRS tell them, You one a taxpayer. the taxes on consumption. It provides shall pay it out of every dollar that Let me tell you the story of little Mi- an incentive for earnings, savings, and you make, that they would never tol- chael Dix, who is the son of an out- investments. It abolishes the punish- erate the reestablishment of the IRS standing once and future State legis- ment for production, which is a tax on nor the reestablishment of the Tax lator in Iowa. Little Michael was about corporate, personal, and business in- Code. It’s that simple. They would, I 8 years old when this happened. We come tax and taxes on capital gains, believe, chase the 16th Amendment

VerDate Mar 15 2010 10:25 Jun 20, 2013 Jkt 089102 PO 00000 Frm 00029 Fmt 0688 Sfmt 0634 E:\BR10\H26AP0.000 H26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 6308 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 5 April 26, 2010

down with a great joy that they would Mr. DAVIS of Illinois (at the request Protection Agency, transmitting the Agen- be relieved of it, and they would even- of Mr. HOYER) for today. cy’s final rule — Kasugamycin; Pesticide tually abolish it and repeal it. Ms. FUDGE (at the request of Mr. Tolerances for Emergency Exemptions [EPA- Yet, to set the condition as a bar to HQ-OPP-2008-0695; FRL-8808-7] received April HOYER) for today on account of official 7, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to pass the Fair Tax, it is too high a bar. business. the Committee on Agriculture. It’s not an impossibility, but it’s an ex- Ms. KILPATRICK of Michigan (at the 7170. A letter from the Director, Regu- treme difficulty, and it becomes a se- request of Mr. HOYER) for today. latory Management Division, Environmental mantics argument rather than a prac- Mr. CULBERSON (at the request of Mr. Protection Agency, transmitting the Agen- tical one. So, Madam Speaker, I’ll BOEHNER) for today on account of ill- cy’s final rule — Thifensulfuron methyl; Pes- make this point: ness. ticide Tolerances [EPA-HQ-OPP-2009-0134; FRL-8818-9] received April 7, 2010, pursuant In 30 years of making this argument, Mr. FLEMING (at the request of Mr. I have never run into an argument for to 5 U.S.C. 801(a)(1)(A); to the Committee on BOEHNER) for today on account of un- Agriculture. some other tax reform that is economi- avoidable travel delays resulting from 7171. A letter from the Secretary, cally superior to the national sales tax, inclement weather. Deapartment of the Army, transmitting no- to the Fair Tax. I have not run into tification that the Average Procurement that argument. I have not been in a de- f Unit Cost (APUC) and Program Acquisition bate where I thought that the other SPECIAL ORDERS GRANTED Unit Cost metrics for the Army’s Advanced side made a point that I had trouble Threat Infrared Countermeasure and Com- addressing economically. The only By unanimous consent, permission to mon Missile Warning System (ATIRCM/ point that they can make is that, in address the House, following the legis- CMWS) program, pursuant to 10 U.S.C. their judgment, it’s too difficult to lative program and any special orders 2433(e)(1); to the Committee on Armed Serv- ices. pass politically. heretofore entered, was granted to: (The following Members (at the re- 7172. A letter from the Assistant Secretary, Well, when you tell the American Department of Defense, transmitting mod- quest of Mr. ALTMIRE) to revise and ex- people that the IRS is going to be gone ernization priority assessments for the Na- and that we’re going to put those tend their remarks and include extra- tional Guard and Reserve equipment for Fis- smart, good people at the IRS to work neous material:) cal Year 2010; to the Committee on Armed in the productive sector of the econ- Ms. WOOLSEY, for 5 minutes, today. Services. omy instead of in the burdensome sec- Mr. ALTMIRE, for 5 minutes, today. 7173. A letter from the Deputy to the tor of the economy, they’re going to Mr. DEFAZIO, for 5 minutes, today. Chairman, Federal Deposit Insurance Cor- poration, transmitting the Corporation’s cheer. They’re going to stand up, and Ms. JACKSON LEE of Texas, for 5 min- utes, today. final rule — Transitional Safe Harbor Pro- they’re going to applaud. They’ve done tection for Treatment by the Federal De- that for me over and over again. (The following Members (at the re- posit Insurance Corporation as Conservator The time is right. The economy is in quest of Mr. POE of Texas) to revise and or Receiver of Financial Assets Transferred a sad condition. We don’t have a Presi- extend their remarks and include ex- by an Insured Depository Institution in Con- dent who understands this free market traneous material:) nection With a Securitization or Participa- economy. I don’t think he believes in Mr. POSEY, for 5 minutes, April 29. tion (RIN: 3064-AD55) received April 8, 2010, it. He has been nationalizing it right Mr. FORBES, for 5 minutes, April 27 pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- and left. He has been nationalizing the and 28. mittee on Financial Services. 7174. A letter from the Chairman, Federal three large investment banks; AIG, the Mr. DENT, for 5 minutes, April 28. Reserve System, transmitting the Board’s insurance company; Fannie Mae and Ms. ROS-LEHTINEN, for 5 minutes, report pursuant to the Buy American Act for Freddie Mac; General Motors; and April 27 and 28. Fiscal Year 2009; to the Committee on Finan- Chrysler. The Student Loan Program (The following Member (at her own cial Services. has been completely taken over by the request) to revise and extend her re- 7175. A letter from the Director, Regu- Federal Government. ObamaCare has marks and include extraneous mate- latory Management Division, Environmental swallowed up the most sovereign thing rial:) Protection Agency, transmitting the Agen- that we have, our bodies. Our skin and cy’s final rule — Approval and Promulgation Ms. ROS-LEHTINEN, for 5 minutes, of Air Quality Implementation Plans; Indi- everything inside it has now been today. ana; Alternate Monitoring Requirements for taken over and is managed by the Fed- f Indianapolis Power and Light — Harding eral Government. Street Station [EPA-R05-OAR-2009-0118; This President and this majority in ADJOURNMENT FRL-9124-9] received April 7, 2010, pursuant Congress don’t begin to understand the Mr. KING of Iowa. Madam Speaker, I to 5 U.S.C. 801(a)(1)(A); to the Committee on sovereignty of the individual or the Energy and Commerce. move that the House do now adjourn. 7176. A letter from the Director, Regu- free market system that we have, but The motion was agreed to; accord- the American people understand, latory Management Division, Environmental ingly (at 10 o’clock and 25 minutes Protection Agency, transmitting the Agen- Madam Speaker. The American people p.m.), under its previous order, the cy’s final rule — Revisions to the California are going to be given a choice this No- House adjourned until tomorrow, Tues- State Implementation Plan, Sacramento vember. They are going to choose free- day, April 27, 2010, at 10:30 a.m., for Metropolitan Air Quality Management Dis- dom. They are going to choose liberty. morning-hour debate. trict [EPA-R09-OAR-2010-0045; FRL-9124-5] re- They are going to choose constitu- ceived April 7, 2010, pursuant to 5 U.S.C. tional conservatism. I look forward to f 801(a)(1)(A); to the Committee on Energy and the transformation, to the freedom, Commerce. EXECUTIVE COMMUNICATIONS, 7177. A letter from the Principal Deputy and to the liberty that comes from the ETC. General Counsel, Federal Energy Regulatory people who step up to their own per- Commission, transmitting the Commission’s sonal responsibility. Under clause 2 of Rule XIV, executive communications were taken from the final rule — Transmission Relay Loadability I thank you so much for your indul- Reliability Standard [Docket No.: RM08-13- gence and for your attention here this Speaker’s table and referred as follows: 000; Order No. 733] April 8, 2010, pursuant to evening, and I yield back the balance of 7168. A letter from the Director, Regu- 5 U.S.C. 801(a)(1)(A); to the Committee on my time. latory Management Division, Environmental Energy and Commerce. Protection Agency, transmitting the Agen- 7178. A letter from the Chief, Publications f cy’s final rule — Alkyl (C12-C16) Dimethyl and Regulations Branch, Internal Revenue LEAVE OF ABSENCE Ammonio Acetate; Exemption from the Re- Service, transmitting the Agency’s final rule quirement of a Tolerance [EPA-HQ-OPP- — Approval and Promulgation of Air Quality By unanimous consent, leave of ab- 2009-0479; FRL-8816-5] received April 7, 2010, Implementation Plans; Wisconsin; Particu- sence was granted to: pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- late Matter Standards [EPA-R05-OAR-2009- Mr. CUMMINGS (at the request of Mr. mittee on Agriculture. 0731; FRL-9129-7] received April 7, 2010, pur- HOYER) for today on account of busi- 7169. A letter from the Director, Regu- suant to 5 U.S.C. 801(a)(1)(A); to the Com- ness in the district. latory Management Division, Environmental mittee on Energy and Commerce.

VerDate Mar 15 2010 10:25 Jun 20, 2013 Jkt 089102 PO 00000 Frm 00030 Fmt 0688 Sfmt 0634 E:\BR10\H26AP0.001 H26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 26, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 5 6309 7179. A letter from the Assistant Secretary, 39-16235; AD 2010-06-11] (RIN: 2120-AA64) re- Rates, Yield Curves, and Segment Rates [No- Legislative Affairs, Department of State, ceived March 25, 2010, pursuant to 5 U.S.C. tice 2010-36] received April 7, 2010, pursuant transmitting Pursuant to section 102(g) of 801(a)(1)(A); to the Committee on Transpor- to 5 U.S.C. 801(a)(1)(A); to the Committee on the Foreign Relations Authorization Act for tation and Infrastructure. Ways and Means. FY 1994 and 1995 (Pub. L. 103-236 as amended 7188. A letter from the Paralegal Spe- 7198. A letter from the Chief, Publications by 103-415), certification for FY 2010 that no cialist, Department of Transportation, trans- and Regulations Branch, Internal Revenue United Nations affiliated agency grants any mitting the Department’s final rule — Air- Service, transmitting the Service’s final rule offical staus, accreditation, or recognition to worthiness Directives; Learjet Inc. Model 45 — PFIC shareholder reporting under new sec- any organization which promotes and con- Airplanes [Docket No.: FAA-2010-0226; Direc- tion 1298(f) for tax years beginning before dones or seeks the legalization of pedophilia; torate Identifier 2010-NM-034-AD; Amend- March 18, 2010 [Notice 2010-34] received April to the Committee on Foreign Affairs. ment 39-16238; AD 2010-06-13] (RIN: 2120-AA64) 7, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to 7180. A letter from the Chairman, National received March 25, 2010, pursuant to 5 U.S.C. the Committee on Ways and Means. Credit Union Administration, transmitting 801(a)(1)(A); to the Committee on Transpor- f the Administration’s annual report for FY tation and Infrastructure. 2009 prepared in accordance with the Notifi- 7189. A letter from the Paralegal Spe- REPORTS OF COMMITTEES ON cation and Federal Employee Antidiscrimi- cialist, Department of Transportation, trans- PUBLIC BILLS AND RESOLUTIONS nation and Retaliation Act of 2002 (No FEAR mitting the Department’s final rule — Air- Act); to the Committee on Oversight and worthiness Directives; Sikorsky Aircraft Under clause 2 of rule XIII, reports of Government Reform. Corporation Model S-76C Helicopters [Docket committees were delivered to the Clerk 7181. A letter from the Director Equal Em- No.: FAA-2010-0242; Directorate Identifier for printing and reference to the proper ployment Opportunity, National Endowment 2009-SW-27-AD; Amendment 39-16232; AD 2010- calendar, as follows: for the Humanities, transmitting notifica- 06-08] (RIN: 2120-AA64) received March 25, [The following action occurred on April 23, 2010] tion that the National Endowment for the 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the Humanities is in compliance with the No Committee on Transportation and Infra- Mr. SKELTON: Committee on Armed Serv- FEAR Act for fiscal year 2009 and that there structure. ices. H.R. 5013. A bill to amend title 10, were no incidents of discrimination reported; 7190. A letter from the Secretary, Federal United States Code, to provide for perform- to the Committee on Oversight and Govern- Maritime Commission, transmitting the ance management of the defense acquisition ment Reform. Commission’s final rule — Repeal of Marine system, and for other purposes; with an 7182. A letter from the Inspector General, Terminal Agreement Exemption [Docket amendment (Rept. 111–465, Pt. 1). Referred to U.S. House of Representatives, transmitting No.: 09-02] (RIN: 3072-AC 35) received April 8, the Committee of the Whole House on the the results of an audit of the U.S. House of 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the State of the Union and ordered to be printed. Representatives’ annual financial state- Committee on Transportation and Infra- [Submitted April 26, 2010] ments for the fiscal year ending September structure. Mr. CONYERS: Committee on the Judici- 30, 2008; to the Committee on House Adminis- 7191. A letter from the Director, Regula- ary. H.R. 1478. A bill to amend chapter 171 of tration. tions Policy and Management, Department title 28, United States Code, to allow mem- 7183. A letter from the Assistant Attorney of Veterans Affairs, transmitting the Depart- bers of the Armed Forces to sue the United General, Department of Justice, transmit- ment’s final rule — Revision of 38 CFR 1.17 to States for damages for certain injuries ting the Department’s quarterly report from Remove Obsolete References to Herbicides caused by improper medical care, and for the Office of Privacy and Civil Liberties, Containing Dioxin (RIN: 2900-AN56) received other purposes; with an amendment (Rept. pursuant to Public Law 110-53, section 803 April 8, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); 111–466). Referred to the Committee of the (121 Stat. 266, 360); to the Committee on the to the Committee on Veterans’ Affairs. Whole House on the State of the Union. Judiciary. 7192. A letter from the Program Manager, DISCHARGE OF COMMITTEE 7184. A letter from the Paralegal Spe- Department of Health and Human Services, cialist, Department of Transportation, trans- transmitting the Department’s final rule — [The following action occurred on April 23, 2010] mitting the Department’s final rule — Air- Temporary Assistance for Needy Families Pursuant to clause 2 of rule XIII the worthiness Directives; The Boeing Company (TANF) Carry-over Funds (RIN: 0970-AC40) Committee on Oversight and Govern- Model 777-200, -200LR, -300, -300ER, and 777F received April 6, 2010, pursuant to 5 U.S.C. ment Reform discharged from further Series Airplanes [Docket No.: FAA-2010-0221; 801(a)(1)(A); to the Committee on Ways and consideration. H.R. 5013 referred to the Directorate Identifier 2010-NM-043-AD; Means. Committee of the Whole House on the Amendment 39-16233; AD 2010-06-09] (RIN: 7193. A letter from the Chief, Publications 2120-AA64) received March 25, 2010, pursuant and Regulations Branch, Internal Revenue State of the Union. to 5 U.S.C. 801(a)(1)(A); to the Committee on Service, transmitting the Service’s final rule f Transportation and Infrastructure. — Life Insurance Reserves —— Actuarial 7185. A letter from the Paralegal Spe- Guideline XLIII [Notice 2010-09] received PUBLIC BILLS AND RESOLUTIONS cialist, Department of Transportation, trans- April 5, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); Under clause 2 of rule XII, public mitting the Department’s final rule — Air- to the Committee on Ways and Means. bills and resolutions of the following worthiness Directives; Eurocopter France 7194. A letter from the Chief, Publications Model AS 332 C, L, L1, and L2; AS 350 B3; and Regulations, Internal Revenue Service, titles were introduced and severally re- AS355 F, F1, F2, and N; SA 365N and N1; AS transmitting the Service’s final rule — An- ferred, as follows: 365 N2 and N3; SA 366G1; EC 130 B4; and EC nouncement and Report Concerning Advance By Mr. SKELTON (for himself and Mr. 155B and B1 Helicopters [Docket No.: FAA- Pricing Agreements [Announcement 2010-21] MCKEON) (both by request): 2009-0663; Directorate Identifier 2007-SW-25- received April 5, 2010, pursuant to 5 U.S.C. H.R. 5136. A bill to authorize appropria- AD; Amendment 39-16231; AD 2010-06-07] (RIN: 801(a)(1)(A); to the Committee on Ways and tions for fiscal year 2011 for military activi- 2120-AA64) received March 25, 2010, pursuant Means. ties of the Department of Defense, to pre- to 5 U.S.C. 801(a)(1)(A); to the Committee on 7195. A letter from the Chief, Publications scribe military personnel strengths for such Transportation and Infrastructure. and Regulations Branch, Internal Revenue fiscal year, and for other purposes; to the 7186. A letter from the Paralegal Spe- Service, transmitting the Service’s final rule Committee on Armed Services. cialist, Department of Transportation, trans- — Publication of Inflation Adjustment Fac- By Mr. CROWLEY (for himself and mitting the Department’s final rule — Air- tor, Nonconventional Source Fuel Credit, Mrs. BONO MACK): worthiness Directives; General Electric Com- and Reference Price for Calendar Year 2009 H.R. 5137. A bill to amend title 18, United pany CF6-45 and CF6-50 Series Turbofan En- [4830-01-P] received April 7, 2010, pursuant to States Code, to provide penalties for trans- gines [Docket No.: FAA-2010-0068; Direc- 5 U.S.C. 801(a)(1)(A); to the Committee on porting minors in foreign commerce for the torate Identifier 2010-NE-05-AD; Amendment Ways and Means. purposes of female genital mutilation; to the 39-16240; AD 2010-06-15] (RIN: 2120-AA64) re- 7196. A letter from the Chief, Publications Committee on the Judiciary. ceived March 25, 2010, pursuant to 5 U.S.C. and Regulations Branch, Internal Revenue By Mr. SMITH of New Jersey (for him- 801(a)(1)(A); to the Committee on Transpor- Service, transmitting the Service’s final rule self, Mr. PAYNE, Ms. ROS-LEHTINEN, tation and Infrastructure. — Travel Expenses of State Legislators [TD Mr. DANIEL E. LUNGREN of California, 7187. A letter from the Paralegal Spe- 9481] (RIN: 1545-BG92) received April 7, 2010, Mr. CRENSHAW, Mr. WILSON of South cialist, Department of Transportation, trans- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Carolina, Mr. BURTON of Indiana, Mr. mitting the Department’s final rule — Air- mittee on Ways and Means. FORTENBERRY, Mr. POE of Texas, Mr. worthiness Directives; Honeywell Inter- 7197. A letter from the Chief, Publications LANCE, Mr. ADERHOLT, Mr. UPTON, national Inc. TFE731 Series Turbofan En- and Regulations Branch, Internal Revenue Mr. PITTS, Mr. KING of New York, Mr. gines [Docket No.: FAA-2009-0331; Direc- Service, transmitting the Service’s final rule WOLF, Mrs. SCHMIDT, Mr. PASCRELL, torate Identifer 2008-NE-40-AD; Amendment — Update for Weighted Average Interest and Mr. DAVIS of Tennessee):

VerDate Mar 15 2010 10:25 Jun 20, 2013 Jkt 089102 PO 00000 Frm 00031 Fmt 0688 Sfmt 0634 E:\BR10\H26AP0.001 H26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 6310 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 5 April 26, 2010

H.R. 5138. A bill to protect children from H.R. 848: Mr. GARAMENDI. H.R. 4392: Mr. SMITH of New Jersey. sexual exploitation by mandating reporting H.R. 891: Mr. GUTIERREZ. H.R. 4403: Mr. REYES. requirements for convicted sex traffickers H.R. 953: Mr. SCHIFF. H.R. 4440: Mr. WALZ. and other registered sex offenders against H.R. 1021: Mr. BOSWELL. H.R. 4502: Ms. WOOLSEY and Mr. MILLER of minors intending to engage in international H.R. 1326: Mr. PIERLUISI. North Carolina. travel, providing advance notice of intended H.R. 1547: Mr. MARIO DIAZ-BALART of Flor- H.R. 4520: Ms. DELAURO. travel by high interest registered sex offend- ida, Mr. FORBES, Mr. BROUN of Georgia, Mr. H.R. 4544: Mr. OWENS, Mr. KENNEDY, Mr. ers outside the United States to the govern- LARSON of Connecticut, Mr. MCDERMOTT, RYAN of Ohio, Mr. TONKO, and Mr. SCHOCK. ment of the country of destination, request- Mrs. MCCARTHY of New York, Mr. BONNER, H.R. 4597: Mr. HODES. ing foreign governments to notify the United and Mr. BOCCIERI. H.R. 4616: Mr. ELLISON. States when a known child sex offender is H.R. 1549: Ms. CASTOR of Florida. H.R. 4630: Ms. CHU. seeking to enter the United States, and for H.R. 1557: Mr. INSLEE. H.R. 4638: Mr. MCGOVERN. other purposes; to the Committee on Foreign H.R. 1722: Mr. TOWNS. H.R. 4677: Mr. COURTNEY. Affairs, and in addition to the Committee on H.R. 1806: Mr. DRIEHAUS, Mr. RUSH, and Mr. H.R. 4684: Mr. CUMMINGS. the Judiciary, for a period to be subse- SCHIFF. H.R. 4689: Ms. SLAUGHTER. quently determined by the Speaker, in each H.R. 2049: Mr. MCNERNEY. H.R. 4692: Ms. KILPATRICK of Michigan and case for consideration of such provisions as H.R. 2061: Mr. FORBES. Mr. FOSTER. fall within the jurisdiction of the committee H.R. 2112: Mr. DAVIS of Illinois and Mr. H.R. 4722: Mr. KILDEE. concerned. HEINRICH. H.R. 4785: Mr. BOSWELL, Mr. ROGERS of Ala- By Mr. BERMAN: H.R. 2142: Mr. MCCAUL. bama, Mr. THOMPSON of Mississippi, and Mr. H.R. 5139. A bill to provide for the Inter- H.R. 2203: Mr. MCCOTTER. ROGERS of Kentucky. national Organizations Immunities Act to be H.R. 2222: Mr. FILNER. H.R. 4788: Mr. HOLT, Mr. SHULER, Mr. extended to the Office of the High Represent- H.R. 2243: Mr. ROYCE. SCHIFF, and Mrs. MCCARTHY of New York. ative in Bosnia and Herzegovina and the H.R. 2324: Mrs. DAVIS of California, Mr. H.R. 4790: Ms. HIRONO, Ms. LINDA T. International Civilian Office in Kosovo; to CLAY, Mr. TIERNEY, and Mr. HIMES. SA´ NCHEZ of California, and Ms. SHEA-PORTER. the Committee on Foreign Affairs. H.R. 2400: Mrs. CHRISTENSEN. H.R. 4844: Ms. SUTTON, Mr. FLEMING, and By Mr. HOLT: H.R. 2408: Mr. COHEN. Mr. OWENS. H.R. 5140. A bill to require the Director of H.R. 2478: Mr. ROE of Tennessee, Ms. H.R. 4850: Mr. AUSTRIA, Mr. BISHOP of Geor- the White House Office of Science and Tech- ESHOO, Ms. EDWARDS of Maryland, and Mr. gia, Mr. GONZALEZ, and Mr. BOCCIERI. nology Policy to conduct a study and to pre- NADLER of New York. H.R. 4861: Mr. COHEN. pare a comprehensive national economic H.R. 2483: Mr. ADLER of New Jersey. H.R. 4886: Mr. SABLAN. competitiveness and innovation strategy; to H.R. 2546: Mr. LEE of New York. H.R. 4903: Mr. PRICE of Georgia. the Committee on Science and Technology, H.R. 2850: Ms. DELAURO. H.R. 4904: Mr. BOOZMAN. and in addition to the Committees on Energy H.R. 2866: Mrs. DAVIS of California. H.R. 4908: Mr. CLAY. and Commerce, the Judiciary, Education and H.R. 2999: Mr. FRANK of Massachusetts. H.R. 4920: Ms. EDDIE BERNICE JOHNSON of Labor, and Ways and Means, for a period to H.R. 3041: Mr. KUCINICH. Texas, Mr. FILNER, Mr. SCOTT of Virginia, be subsequently determined by the Speaker, H.R. 3048: Mr. KUCINICH. Mr. JOHNSON of Georgia, Mr. AL GREEN of in each case for consideration of such provi- H.R. 3070: Mr. SCOTT of Georgia, Mr. MORAN Texas, Mr. COHEN, Mr. TONKO, Ms. SUTTON, sions as fall within the jurisdiction of the of Virginia, Mr. ROSS, Mr. GARAMENDI, and and Ms. NORTON. committee concerned. Mr. SIRES. H.R. 4947: Mr. BARTLETT, Mr. BRADY of By Mr. DANIEL E. LUNGREN of Cali- H.R. 3268: Mr. PLATTS. Pennsylvania, Ms. BORDALLO, Mr. DAVIS of fornia: H.R. 3333: Mr. ARCURI. Tennessee, Mr. SMITH of New Jersey, Mr. H.R. 5141. A bill to repeal the expansion of H.R. 3339: Ms. GIFFORDS and Mr. DEFAZIO. HOLT, Mr. ELLSWORTH, Ms. WASSERMAN information reporting requirements for pay- H.R. 3393: Ms. TITUS, Ms. KILROY, and Ms. SCHULTZ, Mr. FORTENBERRY, Mr. BONNER, Mr. ments of $600 or more to corporations, and BEAN. MORAN of Kansas, and Mr. HALL of New for other purposes; to the Committee on H.R. 3440: Mr. SESSIONS. York. Ways and Means. H.R. 3441: Mr. MEEKS of New York and Mr. H.R. 4995: Mr. LAMBORN and Mr. DUNCAN. By Ms. SCHWARTZ (for herself, Mr. CARNEY. H.R. 5015: Mr. PASTOR of Arizona, Mr. SCHAUER, and Mr. BILBRAY): H.R. 3463: Mr. SCALISE. ROTHMAN of New Jersey, and Ms. SCHA- H.R. 5142. A bill to amend the Internal Rev- H.R. 3564: Ms. SPEIER and Ms. HIRONO. KOWSKY. enue Code of 1986 to provide for an invest- H.R. 3577: Mr. FORBES. H.R. 5017: Mr. SKELTON, Ms. HIRONO, and ment tax credit for biofuel facilities, and for H.R. 3745: Mr. MCGOVERN. Mr. POMEROY. other purposes; to the Committee on Ways H.R. 3764: Mr. DRIEHAUS, Ms. JACKSON LEE H.R. 5019: Mr. MCNERNEY, Mr. HINCHEY, Mr. and Means. of Texas, and Mr. BISHOP of Georgia. BRALEY of Iowa, Mr. HIMES, Mr. HARE, and By Mr. SHIMKUS (for himself and Mr. H.R. 3790: Mr. MCGOVERN, Mr. SCHIFF, and Ms. SCHAKOWSKY. KUCINICH): Mr. THOMPSON of California. H.R. 5029: Mr. LATTA and Mr. CULBERSON. H. Con. Res. 267. Concurrent resolution H.R. 3813: Mr. COLE. H.R. 5032: Mr. ISRAEL. congratulating the Baltic nations of Estonia, H.R. 3995: Mr. HONDA. H.R. 5034: Mr. KIND, Mr. MICA, Mr. THORN- Latvia, and Lithuania on the 20th anniver- H.R. 4004: Mr. QUIGLEY. BERRY, Mr. WILSON of Ohio, Mr. BARROW, Mr. sary of the reestablishment of their full inde- H.R. 4051: Mr. POE of Texas. FILNER, Mr. PASTOR of Arizona, Mr. WEST- pendence; to the Committee on Foreign Af- H.R. 4054: Mr. QUIGLEY, Mr. FORBES, and MORELAND, Mr. PUTNAM, Mr. SHULER, Mr. fairs. Ms. HIRONO. PATRICK J. MURPHY of Pennsylvania, and Mr. By Mr. POE of Texas: H.R. 4085: Mr. HIGGINS. CHILDERS. H. Res. 1299. A resolution supporting the H.R. 4090: Mr. KILDEE and Mr. COLE. H.R. 5043: Mr. GEORGE MILLER of Cali- goals and ideals of Peace Officers Memorial H.R. 4109: Mr. DAVIS of Illinois. fornia, Ms. CHU, Mr. JOHNSON of Georgia, Mr. Day; to the Committee on the Judiciary. H.R. 4112: Mr. AUSTRIA and Mr. PLATTS. POLIS, and Ms. WOOLSEY. f H.R. 4241: Ms. SHEA-PORTER. H.R. 5054: Mr. JONES, Mr. FRANKS of Ari- H.R. 4255: Mr. MELANCON and Mr. GORDON zona, and Mr. SOUDER. ADDITIONAL SPONSORS of Tennessee. H.R. 5058: Mr. CULBERSON. Under clause 7 of rule XII, sponsors H.R. 4278: Mr. WU, Mr. PAULSEN, Mr. AKIN, H.R. 5081: Mr. MCMAHON. Mr. SAM JOHNSON of Texas, Mr. DAVIS of Illi- H.R. 5092: Mr. ACKERMAN, Mr. CALVERT, Mr. were added to public bills and resolu- nois, Mr. LAMBORN, Ms. HIRONO, and Mr. HINCHEY, Mr. MELANCON, Mr. MICHAUD, Mr. tions as follows: MCCOTTER. GEORGE MILLER of California, Mrs. MYRICK, H.R. 39: Ms. RICHARDSON and Ms. EDWARDS H.R. 4287: Mr. CONNOLLY of Virginia and Mr. PIERLUISI, Mr. POLIS, Ms. SHEA-PORTER, of Maryland. Mr. MOORE of Kansas. Mr. GARAMENDI, Ms. BORDALLO, Ms. SLAUGH- H.R. 162: Mrs. BACHMANN. H.R. 4306: Mr. ARCURI and Mr. PAULSEN. TER, Mr. GRIFFITH, Mr. PLATTS, and Mr. SAR- H.R. 197: Mr. BOSWELL. H.R. 4353: Ms. CHU. BANES. H.R. 422: Mr. GOODLATTE. H.R. 4371: Mr. ANDREWS, Mr. BOOZMAN, Mr. H.R. 5095: Mrs. MILLER of Michigan and Mr. H.R. 444: Mr. OLVER. ROGERS of Alabama, Mr. BONNER, Mr. COLE, FRELINGHUYSEN. H.R. 537: Mr. MCNERNEY. Mr. WHITFIELD, Mr. BRIGHT, Mr. VAN HOLLEN, H.R. 5102: Mr. FOSTER. H.R. 571: Mr. FLAKE and Mr. HINCHEY. Mr. BILIRAKIS, Mr. PLATTS, and Mr. GRAVES. H.R. 5121: Mr. HASTINGS of Florida. H.R. 734: Mr. MEEK of Florida. H.R. 4376: Mr. FARR, Mr. BRADY of Pennsyl- H.R. 5125: Mr. GARAMENDI, Ms. MATSUI, and H.R. 745: Mr. DRIEHAUS. vania, Ms. HIRONO, Mr. MOORE of Kansas, and Ms. RICHARDSON. H.R. 847: Mr. MILLER of North Carolina. Mr. HIMES. H.J. Res. 42: Mr. PETRI.

VerDate Mar 15 2010 10:25 Jun 20, 2013 Jkt 089102 PO 00000 Frm 00032 Fmt 0688 Sfmt 0634 E:\BR10\H26AP0.001 H26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 26, 2010 CONGRESSIONAL RECORD—HOUSE, Vol. 156, Pt. 5 6311

H. Con. Res. 110: Mr. PATRICK J. MURPHY of H. Res. 1208: Mr. BILBRAY and Mr. GOOD- H. Res. 1284: Mr. GRAVES. Pennsylvania and Mr. SCHOCK. LATTE. H. Res. 1289: Mr. LATHAM and Mr. FRELING- H. Con. Res. 128: Ms. NORTON, Mr. FILNER, H. Res. 1211: Mr. WILSON of South Carolina, HUYSEN. and Mr. BERRY. Mr. SHIMKUS, Mr. CUMMINGS, Mr. OWENS, and H. Res. 1291: Mr. OWENS, Mr. MAFFEI, and H. Con. Res. 202: Mr. STUPAK. Mr. GARAMENDI. Mr. HINCHEY. H. Con. Res. 240: Mrs. DAVIS of California, H. Res. 1226: Mr. MCCAUL, Mr. WU, Mr. ROS- Mr. FILNER, Mr. GARAMENDI, and Mr. MOORE KAM, Mr. ALTMIRE, Ms. SPEIER, Mr. CHAN- f of Kansas. DLER, Mr. SCHAUER, Mr. BISHOP of Georgia, H. Con. Res. 253: Mr. LARSON of Con- Mr. CAPUANO, and Mr. KLEIN of Florida. CONGRESSIONAL EARMARKS, LIM- H. Res. 1244: Mr. EDWARDS of Texas, Mr. necticut. ITED TAX BENEFITS, OR LIM- H. Con. Res. 261: Mr. ROSS, Mrs. BLACK- CUELLAR, and Mr. GONZALEZ. HAFFETZ ITED TARIFF BENEFITS BURN, Mrs. CHRISTENSEN, Mrs. NAPOLITANO, H. Res. 1245: Mr. C . H. Res. 1251: Mrs. BLACKBURN, Mr. INGLIS, Mr. HARE, Mr. WILSON of Ohio, Mr. SCHIFF, Under clause 9 of rule XXI, lists of Mr. BARTON of Texas, Mrs. MYRICK, Mr. ISSA, Ms. JENKINS, Mr. WILSON of South Carolina, statements on congressional earmarks, and Mr. MCCOTTER. and Mr. MINNICK. H. Res. 1258: Mr. WAXMAN, Mr. HASTINGS of limited tax benefits, or limited tariff H. Con. Res. 262: Ms. SCHAKOWSKY, Mrs. Florida, Mr. GARY G. MILLER of California, benefits were submitted as follows: MALONEY, and Mr. PAYNE. Mr. TEAGUE, Ms. MCCOLLUM, Mrs. H. Con. Res. 265: Mr. ADERHOLT. The amendment to be offered by Rep- CHRISTENSEN, Mr. DOYLE, Mr. LEWIS of Geor- H. Res. 173: Mr. MELANCON, Mr. VAN HOL- resentative SKELTON, or a designee, to H.R. gia, Ms. NORTON, Mr. MARKEY of Massachu- LEN, Mr. ADLER of New Jersey, Ms. MCCOL- 5013, the Implementing Management for Per- setts, Mr. FARR, Mrs. MYRICK, Ms. MATSUI, LUM, Mr. MORAN of Kansas, Mr. DRIEHAUS, formance and Related Reforms to Obtain Mr. PERLMUTTER, Mr. HINOJOSA, Mr. CAO, Mr. CHILDERS, Mr. PASCRELL, and Mrs. Value in Every Acquisition Act of 2010, does Mrs. BONO MACK, Ms. CHU, Mr. ARCURI, Mrs. MCCARTHY of New York. not contain any congressional earmarks, DAHLKEMPER, Mr. SULLIVAN, Mr. TONKO, and H. Res. 375: Mr. RAHALL. limited tax benefits, or limited tariff bene- Mr. MCGOVERN. fits as defined in clause 9 of rule XXI. H. Res. 407: Mr. BACA and Mr. ENGEL. H. Res. 1259: Ms. DELAURO. H. Res. 886: Mr. MINNICK and Mr. BRADY of H. Res. 1261: Mr. SCHRADER and Mr. LEE of f Pennsylvania. New York. H. Res. 898: Mr. JOHNSON of Georgia. H. Res. 1265: Ms. LORETTA SANCHEZ of Cali- H. Res. 1026: Mr. KLINE of Minnesota. fornia, Mr. BERMAN, and Mr. GENE GREEN of DELETIONS OF SPONSORS FROM H. Res. 1106: Mr. OWENS and Ms. BORDALLO. Texas. PUBLIC BILLS AND RESOLUTIONS H. Res. 1129: Ms. ROS-LEHTINEN. H. Res. 1277: Mr. HIMES, Mr. CUMMINGS, and Under clause 7 of rule XII, sponsors H. Res. 1176: Mr. MINNICK. Ms. SCHAKOWSKY. H. Res. 1196: Mr. MCCOTTER. H. Res. 1279: Mr. GARRETT of New Jersey, were deleted from public bills and reso- H. Res. 1201: Mr. PENCE, Mr. HILL, and Mr. Mr. MANZULLO, Mr. LATHAM, and Mr. JORDAN lutions as follows: SOUDER. of Ohio. H.R. 4753: Mr. JOHNSON of Georgia.

VerDate Mar 15 2010 10:25 Jun 20, 2013 Jkt 089102 PO 00000 Frm 00033 Fmt 0688 Sfmt 0634 E:\BR10\H26AP0.001 H26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 6312 EXTENSIONS OF REMARKS, Vol. 156, Pt. 5 April 26, 2010 EXTENSIONS OF REMARKS

CATARION SANCHEZ HONORING FLORENCE AND parents of granddaughter Yiesha Danielle and HAROLD PAYNE grandson Malcolm. I ask everyone who believes in love to join HON. ED PERLMUTTER HON. ELIOT L. ENGEL me in celebrating Harold and Florence’s Gold- en Wedding anniversary and in wishing them OF COLORADO OF NEW YORK IN THE HOUSE OF REPRESENTATIVES every happiness. IN THE HOUSE OF REPRESENTATIVES Monday, April 26, 2010 f Monday, April, 26, 2010 Mr. ENGEL. Madam Speaker, Harold and THE CONGRESSIONAL YOUTH AD- Florence were both born in Charleston, South VISORY COUNCIL: A LEGACY OF Mr. PERLMUTTER. Madam Speaker, I rise Carolina where Florence attended the pres- SERVICE today to recognize and applaud Catarion San- tigious Avery Institute and graduated from chez who has received the Arvada Wheat Burke High School in that city. Florence HON. SAM JOHNSON Ridge Service Ambassadors for Youth award. moved to New York City where she attended Catarion Sanchez is a 7th grader at Drake OF TEXAS Washington Business Institute. During his high IN THE HOUSE OF REPRESENTATIVES Middle School and received this award be- school years at Burke High School in Charles- cause his determination and hard work have ton, Harold Payne excelled in athletics, in par- Monday, April 26, 2010 allowed him to overcome adversities. ticular baseball and basketball. He was a star Mr. SAM JOHNSON of Texas. Madam The dedication demonstrated by Catarion member of the Burke High School Senior Bas- Speaker, I ask my fellow colleagues to join me Sanchez is exemplary of the type of achieve- ketball team which won the South Carolina in congratulating the 2009–2010 Congres- ment that can be attained with hard work and State Championship in 1949. Harold obtained sional Youth Advisory Council. This year 45 perseverance. It is essential that students at a tryout with the Pittsburgh Pirates in 1953. students from public, private, and home all levels strive to make the most of their edu- Harold later attended Bronx Community Col- schools in grades 9 through 12 made their lege. cation and develop a work ethic which will voices heard and made a difference in their Mrs. Payne’s professional pursuits took her guide them for the rest of their lives. communities, their country and their Congress. to various organizations including the New These students volunteered their time, effort, I extend my deepest congratulations once York Telephone Company, Jujamcyn Thea- and talent to inform me about the important again to Catarion Sanchez for winning the Ar- tres, Fine Arts Pillows Inc. as well as a private issues facing their generation. As young lead- vada Wheat Ridge Service Ambassadors for attorney, Donnaree Banton, Esq. In 1997, I ers within their communities and their schools, Youth award. I have no doubt he will exhibit asked Florence to work for me. She fulfilled these students boldly represent the promise the same dedication and character to all his her dream of helping others on a daily basis. and the hope we all have for their very bright future accomplishments. Harold served in the Army during the Ko- future. rean conflict in the 8th Army Honor Guard. He President Ronald Reagan said, ‘‘Freedom is f was honorably discharged with the rank of never more than one generation away from Staff Sergeant and in 1956 began a career extinction. We didn’t pass it to our children in CHARLES COLLINS with the United States Postal Service while si- the bloodstream. It must be fought for, pro- multaneously working as a paraprofessional tected, and handed on for them to do the for 17 years with the NYC Board of Education. same, or one day we will spend our sunset HON. ED PERLMUTTER After 34 years with the Postal Service, Harold years telling our children and our children’s retired and became Director of the Tilden children what it was once like in the United OF COLORADO Towers Senior Citizens Center. It is there that States where men were free. IN THE HOUSE OF REPRESENTATIVES he fulfilled his dream of serving his commu- To ensure that the blessing of freedom is nity. He retired from Tilden Towers Senior passed from one generation to the next, the Monday, April 26, 2010 Center in January of this year. members of the CYAC spent time interviewing Both Harold and Florence donate time to Mr. PERLMUTTER. Madam Speaker, I rise a veteran and documenting the experience for charitable and civic organizations, it being the ‘‘Preserving History Project.’’ Today I’m today to recognize and applaud Charles Col- their belief that one must give back to the lins who has received the Arvada Wheat proud to submit the brief summaries provided community in a meaningful way. This they did so the patriotic service of our dedicated vet- Ridge Service Ambassadors for Youth award. by actively participating in many endeavors in- Charles Collins is a 12th grader at Standley erans and the thoughtful work of the CYAC cluding: the Office of Black Ministry for the may be preserved for antiquity in the CON- Lake High School and received this award be- Catholic Archdiocese of New York, the Parent GRESSIONAL RECORD. A copy of each sub- cause his determination and hard work have Teacher Association of Public School 16, NIA: mitted student summary follows. allowed him to overcome adversities. A Minority Women’s Professional Network, To each member of the Congressional The dedication demonstrated by Charles The Incarcerated Mothers Program, the Food Youth Advisory Council, thank you for making Collins is exemplary of the type of achieve- Pantry at the Edenwald-Gun Hill Neighbor- this year and this group a success. It is not a ment that can be attained with hard work and hood Center and other worthwhile endeavors. coincidence that this congressional tribute perseverance. It is essential that students at They are most proud of their 50 year com- celebrates two generations of service. Each of all levels strive to make the most of their edu- mitment to one another in addition to their role you is trusted with the precious gift of free- cation and develop a work ethic which will as parents and grandparents. The Paynes met dom. each other through Florence’s late sister Anna guide them for the rest of their lives. You are the voices of the future and I salute and her husband, Henry. On April 23, 1960, you. God bless you and God bless America. I extend my deepest congratulations once the Paynes were married in St. Aloysius The summary follows: again to Charles Collins for winning the Ar- Church in Harlem. They set up residence in The interview I have had with Tony vada Wheat Ridge Service Ambassadors for the Bronx and have lived there for their entire Cashiola was extremely beneficial for me. I Youth award. I have no doubt he will exhibit married life. They are the loving parents of am certain that I will pursue a military ca- the same dedication and character to all his Lisa and Harold Jr. with a son-in-law, reer, and listening to Tony speak about his future accomplishments. Terrance. They are also the proud grand- experience in the Army has given me much

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

VerDate Mar 15 2010 13:49 May 31, 2013 Jkt 089102 PO 00000 Frm 00001 Fmt 0689 Sfmt 9920 E:\BR10\E26AP0.000 E26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 26, 2010 EXTENSIONS OF REMARKS, Vol. 156, Pt. 5 6313 insight on the military from a different per- men’s Association and helped lead the fight to tives and all Americans join me to honor the spective. He helped provide me with a path create the Animas-La Plata Project. He was legacy of TSgt Thomas J. Vance, Sr. on which I could approach the military in a also instrumental in the effort to bring Fort way I had yet to think of. So, all-in-all, this interview was amazing. I got to know one of Lewis College to its current site in Durango. f our country’s heroes, tell his story, and re- Art Isgar was also deeply involved in politics ceive valuable insight. I wish Tony the best; working with the Democratic Party to bring the A TRIBUTE TO THE LIFE OF he is a very honorable man.—Michael Ro- State convention to Durango in 1960, a con- ROBERT WESTON FOLLETT berto vention that presidential hopeful John F. Ken- f nedy attended. Art’s life was a life of service to his family and his community. HON. JIM COSTA CHELSEA ABBOT The legacy of Art Isgar continues in his OF CALIFORNIA amazing family. Art Isgar’s son, Jim Isgar, IN THE HOUSE OF REPRESENTATIVES HON. ED PERLMUTTER continues the proud tradition of public service OF COLORADO established by his father, serving as a State Monday, April 26, 2010 IN THE HOUSE OF REPRESENTATIVES Senator and now as the State Director for the United States Department of Agriculture Rural Mr. COSTA. Madam Speaker, I rise today to Monday, April 26, 2010 Development. pay tribute to the life of Robert ‘‘Bob’’ Weston Mr. PERLMUTTER. Madam Speaker, I rise At the end of the day, after all of his com- Follett. On March 31, 2010, Robert Weston today to recognize and applaud Chelsea munity service, Art Isgar still had his feet on Follett, an accomplished pilot and active lead- Abbot who has received the Arvada Wheat the ground. He was always a farmer who er in the San Joaquin Valley community, Ridge Service Ambassadors for Youth award. found his greatest joy out irrigating his fields. passed away suddenly at the young age of Chelsea Abbot is a student at Wayne Carle Even at the age of 93 that is where he could 57. He leaves behind the loves of his life, is Middle School and received this award be- be found. wife Naomi, daughter Lindsay and son Zack. cause her determination and hard work have Madam Speaker southwest Colorado has Bob Follett was a proud native of Lemoore, allowed her to overcome adversities. lost a great leader. I wish his family well in this California. He was a 1970 graduate of The dedication demonstrated by Chelsea time of loss. Art Isgar will be missed but his Lemoore High School where he was twice Abbot is exemplary of the type of achievement legacy will live on through his amazing family elected class president and played football for that can be attained with hard work and perse- and all the lives that he touched in his time in the Lemoore Tigers. As fullback on the fresh- verance. It is essential that students at all lev- southwest Colorado. man team, he had the distinction of scoring els strive to make the most of their education f the first touchdown in Tiger Stadium when it and develop a work ethic which will guide opened. Mr. Follett went on to receive his IN HONOR OF THOMAS J. VANCE, them for the rest of their lives. Bachelor’s Degree from California State Uni- SR. I extend my deepest congratulations once versity, Fresno and soon thereafter began his again to Chelsea Abbot for winning the Arvada aviation career with Wofford Aviation in Fresno Wheat Ridge Service Ambassadors for Youth HON. JOHN H. ADLER by fueling aircraft, becoming a charter pilot, award. I have no doubt she will exhibit the OF NEW JERSEY managing the company and later proudly be- same dedication and character to all her future IN THE HOUSE OF REPRESENTATIVES coming the owner of Wofford Aviation. accomplishments. Monday, April 26, 2010 As a charter pilot Bob had the privilege of f Mr. ADLER of New Jersey. Madam Speak- flying former President Ronald Reagan, U.S. er, I rise today to take a moment to remember Senator John McCain, and many other elected TRIBUTE TO ART ISGAR the legacy of TSgt Thomas J. Vance, Sr., who officials and celebrities. Furthermore, he was passed away last year following a courageous renowned as an expert pilot with 37 years ex- HON. JOHN T. SALAZAR battle with cancer. Sergeant Vance honorably perience, who helped explain how air trage- OF COLORADO served the people of our Nation and my home dies occurred. Recently, Bob commented for IN THE HOUSE OF REPRESENTATIVES State of New Jersey in the United States for the national news about the potential dangers Monday, April 26, 2010 a combined 51 years of service with the Air of flying in California’s Sierra Nevada Moun- Force. tain Range. Mr. SALAZAR. Madam Speaker, I rise today Born in Philadelphia, PA, Technical Ser- Throughout the community, Bob was well- to pay tribute to Art Isgar, a respected leader geant Vance attended Bartram High School. known as ‘‘Mr. Fixit’’ as a result of his keen in his community of southwest Colorado. Ar- After he graduated he enlisted in the Army Air ability to build anything with his own two thur Richard Isgar died in Durango on March Corps in 1947. Sergeant Vance fought both in hands. Larger than life, he was a take-charge 17th, 2010. It was a privilege to know Art Isgar the Korea and Vietnam Wars, and served at guy who loved to organize events. He could and his wonderful family and I offer my condo- nine different bases including McGuire Air be found planting a community garden, at a lences to them at this time of loss. Force Base, which is located in New Jersey’s Cal Tailgate party, a Rotary lobster feed or Art Isgar was born in Oxford, Colorado, on Third Congressional District. During his 20 with the Clovis High football team at their October 6th, 1915. One of seven boys, he years of active duty in the service, he was team dinners. Bob Follett and his family were spent his childhood in rural La Plata County. awarded the Air Force Longevity Service loyal members of the Cal football family during At times, he lived with members of the South- Award, National Defense Service Medal, Good the time his son Zack played for the Cal ern Ute Tribe which was an experience that Conduct Medal, Outstanding Unit Award, Ko- Bears. left him with a deep appreciation of other cul- rean Service Medal and the U.N. Service As a loving father and supportive husband, tures. As a child he also spent time in the min- Medal. ing camps of the San Juan Mountains near In 1978, Technical Sergeant Vance became Bob and his cherished wife Naomi were al- Silverton and Telluride. Supporting himself an original member of the Retiree Affairs Of- ways seen at sporting events supporting and from the age of 13, Art Isgar learned to make fice at McGuire Air Force Base, where he be- cheering on their children Lindsay and Zack. his way in the world by working on farms and came an expert on an array of military family He was a true pillar of support for their chil- delivering mail on horseback. issues. During his 31 years of service in this dren and a faithful mentor to their friends as In 1946 he got married to Ann Wise. They role, he served countless hours assisting our well. took the train from Durango to Silverton and military families. Bob’s loss leaves a void which can never be returned home in time to milk the cows. Art Technical Sergeant Vance is survived by his filled. Bob Follett will forever be remembered went on to become a defender of the Durango beloved wife of 57 years, Elsie, whom he met for his generosity and gregarious spirit that im- and Silverton Narrow Gauge Railroad in its while serving at Langley Air Base and his pacted the lives of all those whom he met. His time of need. three children, Thomas Jr., Sandra, and Rich- enormous heart and lifelong commitment to With their hard work, the Isgars’ ranch grew ard. his family and friends will forever be his leg- into one of the largest in La Plata County. Art In recognition of his life and service to our acy. I count myself fortunate to be one of was president of the La Plata County Cattle- Nation, I ask that the House of Representa- Bob’s many friends.

VerDate Mar 15 2010 13:49 May 31, 2013 Jkt 089102 PO 00000 Frm 00002 Fmt 0689 Sfmt 9920 E:\BR10\E26AP0.000 E26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 6314 EXTENSIONS OF REMARKS, Vol. 156, Pt. 5 April 26, 2010 CHELSEY JANTZ this year and this group a success. It is not a tors of society. Through their training and ex- coincidence that this congressional tribute perience abroad, volunteers are able to adapt HON. ED PERLMUTTER celebrates two generations of service. Each of to different cultural settings at the professional OF COLORADO you is trusted with the precious gift of free- level. I would like to commend our proud na- IN THE HOUSE OF REPRESENTATIVES dom. tion’s Peace Corps volunteers for their service, You are the voices of the future and I salute Monday, April 26, 2010 particularly those men and women of the Elev- you. God bless you and God bless America. enth Congressional District of Virginia. I con- Mr. PERLMUTTER. Madam Speaker, I rise In the Veteran’s Interview Project, I have sider it a great honor to represent these noble today to recognize and applaud Chelsey Jantz gained insight and knowledge on the topic of men and women, who travel great distances who has received the Arvada Wheat Ridge America’s veterans. My uncle, George Vacek, and make great sacrifices to help reaffirm our Service Ambassadors for Youth award. was drafted into the service and joined the Marine Corps. He was assigned to the artil- country’s commitment to helping people help Chelsey Jantz is a 12th grader at Arvada High themselves throughout the world. School and received this award because her lery unit as a radio operator. He entered the service as a private and completed his tour Madam Speaker, I ask my colleagues and determination and hard work have allowed her of duty as a corporal. He fought the cam- their staff to join me in recognizing the to overcome adversities. paign in Vietnam and then was transferred achievement of and the Peace Corps volun- The dedication demonstrated by Chelsey to Cuba. I discovered through my interview teers. They are a great credit to our country, Jantz is exemplary of the type of achievement with him, the trials and rewards of military and we should applaud them. that can be attained with hard work and perse- service. While in the service, he endured verance. It is essential students at all levels hardships, witnessed the evils of war, over- f strive to make the most of their education and came obstacles, developed discipline, and yet develop a work ethic which will guide them for he came away with the fulfillment that he HONORING PETER HUTCHISON the rest of their lives. gained a greater respect for himself and his UPON BEING NAMED THE 2010 country. I extend my deepest congratulations once This project was beneficial to me in that I NEW YORK STATE ASSISTANT again to Chelsey Jantz for winning the Arvada realized what it would be like to walk in a PRINCIPAL OF THE YEAR Wheat Ridge Service Ambassadors for Youth soldier’s shoes. Americans support our serv- award. I have no doubt she will exhibit the icemen, both here and abroad, but yet have HON. STEVE ISRAEL same dedication and character to all her future absolutely no clue of what it’s really like to OF NEW YORK accomplishments. be there. My in-depth conversation with my Uncle enlightened me on his journey. In con- IN THE HOUSE OF REPRESENTATIVES f cluding this interview, I realized that our Monday, April 26, 2010 THE CONGRESSIONAL YOUTH AD- soldiers are true patriots who are sacrifi- VISORY COUNCIL: A LEGACY OF cially putting themselves in harm’s way to Mr. ISRAEL. Madam Speaker, I rise today SERVICE forever protect our freedoms.—J’Lynn to acknowledge a gentleman in my district, Vacek. Peter Hutchison. HON. SAM JOHNSON f Mr. Hutchison has been recognized as the 2010 New York State Assistant Principal of OF TEXAS HONORING THE 49TH ANNIVER- the Year by the School Administrators Asso- IN THE HOUSE OF REPRESENTATIVES SARY OF THE PEACE CORPS AND PEACE CORPS VOLUNTEERS ciation of New York State. He was recognized Monday, April 26, 2010 for his outstanding work at Amityville Memorial Mr. SAM JOHNSON of Texas. Madam High School. He has served as an educator Speaker, I ask my fellow colleagues to join me HON. GERALD E. CONNOLLY for over 31 years, including six as assistant OF VIRGINIA in congratulating the 2009–2010 Congres- principal at Amityville Memorial High School. IN THE HOUSE OF REPRESENTATIVES sional Youth Advisory Council. This year 45 I congratulate him on this accomplishment students from public, private, and home Monday, April 26, 2010 and applaud his contribution to high school schools in grades 9 through 12 made their Mr. CONNOLLY of Virginia. Madam Speak- education on Long Island. voices heard and made a difference in their er, I rise today to recognize the efforts of our communities, their country and their Congress. nation’s Peace Corps volunteers in honor of f These students volunteered their time, effort, the 49th Anniversary of the Peace Corps. CHRISTOPHER BREWER and talent to inform me about the important Since the establishment of the Peace Corps issues facing their generation. As young lead- by President Kennedy in 1961, nearly 200,000 ers within their communities and their schools, Americans have served in 139 countries. For HON. ED PERLMUTTER these students boldly represent the promise the past 49 years, Peace Corps volunteers OF COLORADO and the hope we all have for their very bright have demonstrated the nation’s commitment IN THE HOUSE OF REPRESENTATIVES future. to encourage and expand development at the Monday, April 26, 2010 President Ronald Reagan said, ‘‘Freedom is grass roots level. never more than one generation away from Currently, 7,671 volunteers are providing ex- Mr. PERLMUTTER. Madam Speaker, I rise extinction. We didn’t pass it to our children in pertise and development assistance to 76 today to recognize and applaud Christopher the bloodstream. It must be fought for, pro- countries. Peace Corps volunteers have made Brewer who has received the Arvada Wheat tected, and handed on for them to do the significant contributions in agriculture, busi- Ridge Service Ambassadors for Youth award. same, or one day we will spend our sunset ness development, information to technology, Christopher Brewer is a 10th grader at Ralston years telling our children and our children’s education, health, youth, and the environment. Valley High School and received this award children what it was once like in the United In these various sectors and communities, vol- because his determination and hard work States where men were free.’’ unteers have been able to adapt and respond have allowed him to overcome adversities. To ensure that the blessing of freedom is to new challenges through their innovation, The dedication demonstrated by Christopher passed from one generation to the next, the creativity, and compassion. Brewer is exemplary of the type of achieve- members of the CYAC spent time interviewing For example, Peace Corps volunteers have ment that can be attained with hard work and a veteran and documenting the experience for provided hope and assistance to people af- perseverance. It is essential students at all the ‘‘Preserving History Project.’’ Today I’m fected by HIV/AIDS. Volunteers have led the levels strive to make the most of their edu- proud to submit the brief summaries provided way in making the Peace Corps at the fore- cation and develop a work ethic which will so the patriotic service of our dedicated vet- front of responding to the HIV/AIDS epidemic. guide them for the rest of their lives. erans and the thoughtful work of the CYAC Through living in the community and learning I extend my deepest congratulations once may be preserved for antiquity in the CON- the local language, they are able to share in- again to Christopher Brewer for winning the GRESSIONAL RECORD. A copy of each sub- formation relating to HIV/AIDS in a culturally Arvada Wheat Ridge Service Ambassadors for mitted student summary follows. appropriate way. Youth award. I have no doubt he will exhibit To each member of the Congressional Once Peace Corps volunteers return from the same dedication and character to all his Youth Advisory Council, thank you for making abroad, they have become leaders in all sec- future accomplishments.

VerDate Mar 15 2010 13:49 May 31, 2013 Jkt 089102 PO 00000 Frm 00003 Fmt 0689 Sfmt 9920 E:\BR10\E26AP0.000 E26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 26, 2010 EXTENSIONS OF REMARKS, Vol. 156, Pt. 5 6315 HONORING CHIEF PAUL PRICE OF great things in the future and prove to be suc- In the Trafficking Victims Protection Re- CAMDEN FIRE DEPARTMENT cessful and productive members of society. authorization Act (2008), Congress tasked the UPON HIS RETIREMENT I am proud to have such hardworking con- Trafficking in Persons (TIP) office with re- stituents and I thank them for their dedication porting on ‘‘emerging [and] shifting global patterns in human trafficking.’’ We respect- and tremendous service throughout the years. HON. ROBERT E. ANDREWS fully request that the office follow up on the Madam Speaker, I hope you will join me in OF NEW JERSEY reports coming out of Egypt, investigate congratulating these exceptional Scouts, their IN THE HOUSE OF REPRESENTATIVES whether the cases of abduction, forced mar- leaders, and their parents for all the contribu- riage, exploitation and other financial ben- Monday, April 26, 2010 tions as they are honored as ‘‘Citizens of the efit to the individuals who secure a forced Mr. ANDREWS. Madam Speaker, I rise Year.’’ conversion should be included in the forth- coming 2010 TIP Annual Report, and inform today to honor Chief Paul Price upon his re- f us about your determination on the matter. tirement and to recognize his outstanding con- WHO SPEAKS FOR THE COPTIC Thank you for your consideration. tributions to Camden County and the state of CHRISTIANS? Sincerely, New Jersey. Frank Wolf, Ileana Ros-Lehtinen, Chris Chief Price is known for his integrity and Smith, Carolyn Maloney, Michele selfless nature. He has worked diligently to HON. FRANK R. WOLF Bachmann, Bob Inglis, Aaron Schock, gain five million dollars in grant money for fire OF VIRGINIA Eleanor Holmes Norton, Doug Lam- fighters in Camden for safety and prepared- IN THE HOUSE OF REPRESENTATIVES born, Marsha Blackburn, Anna Eshoo, ness. Chief Price goes significantly above and Monday, April 26, 2010 Dan Burton, Donald Payne, Albio Sires, Joe Wilson, Ted Poe, Trent beyond the call of duty to give resources to Mr. WOLF. Madam Speaker, I submit for Franks, Anh ‘‘Joseph’’ Cao, those in need, working long nights and week- the RECORD a bipartisan letter which was sent Members of Congress. ends so that the fire department has every- to the State Department’s Office to Monitor f thing it needs. Chief Price’s commitment to and Combat Trafficking in Persons, TIP, ex- Camden County is also evidenced through his pressing ‘‘concern over continuing reports of CODY HORNSBY-KLINGE civic service affiliations. He has been active in abductions, forced marriages, and exploitation the Camden County Fireman’s Association, of Coptic women and girls in Egypt.’’ We HON. ED PERLMUTTER New Jersey Deputy Chief Association, Port urged the TIP Office to investigate whether OF COLORADO Security Committee, Camden Cooperate these cases should be included in the upcom- IN THE HOUSE OF REPRESENTATIVES Watch, and he was Emergency manager for ing Trafficking in Persons Report. the City of Camden. Despite all his work, his The U.S. has given Egypt billions of dollars Monday, April 26, 2010 peers point out that he has never sought the in foreign aid since the Camp David Accords, Mr. PERLMUTTER. Madam Speaker, I rise spotlight and that he has always kept the best and yet they persist in trampling the rights of today to recognize and applaud Cody interests of the Camden Fire Department and minorities and brutally suppressing political Hornsby-Klinge who has received the Arvada its firefighters in mind. and human rights. In fact, by most accounts Wheat Ridge Service Ambassadors for Youth Beyond his civic duties, Chief Price has there has been backsliding in all of these award. Cody Hornsby-Klinge is a 12th grader been recognized by the Camden community areas. at Ralston Valley High School and received as always being ready to offer a helping hand With still no Ambassador for International this award because his determination and in times of need. He is the driving force and Religious Freedom, when was the last time hard work have allowed him to overcome ad- backbone of the Camden Angels Program, that this administration advocated for the Cop- versities. working tirelessly every Christmas to ensure tic Christians? The dedication demonstrated by Cody 3,500 children receive Christmas presents. CONGRESS OF THE UNITED STATES, Hornsby-Klinge is exemplary of the type of Chief Price also donates his time to spring Washington, DC, April 16, 2010. achievement that can be attained with hard festivals, special needs carnivals and activi- Hon. LUIS CDEBACA, work and perseverance. It is essential stu- ties, and through outreach to the hungry and Ambassador-at-Large, U.S. Department of State, dents at all levels strive to make the most of homeless. He also has given endless support Washington, DC. their education and develop a work ethic DEAR AMBASSADOR CDEBACA: We write to the Fugitive Safe Surrender Program in today to express our concern over continuing which will guide them for the rest of their lives. Camden City. reports of abductions, forced marriages, and I extend my deepest congratulations once Madam Speaker, Chief Paul Price’s work exploitation of Coptic women and girls in again to Cody Hornsby-Klinge for winning the and dedication are truly praiseworthy. I wish Egypt. Some of these reports document a Arvada Wheat Ridge Service Ambassadors for Chief Price the best of luck upon retirement criminal phenomenon that includes fraud, Youth award. I have no doubt he will exhibit and I thank him for his commitment to his physical and sexual violence, captivity, the same dedication and character to all his community. forced marriage, and exploitation in forced future accomplishments. domestic servitude or commercial sexual ex- f ploitation, and financial benefit to the indi- f IN HONOR OF THE BEACHWOOD viduals who secure the forced conversion of THE CONGRESSIONAL YOUTH AD- BOY SCOUTS, GIRL SCOUTS, the victim. As you know, these are some of VISORY COUNCIL: A LEGACY OF the hallmarks of human trafficking. LEADERS AND PARENTS Numerous reports, including in Egypt’s Al- SERVICE Ahram Weekly and a November 2009 report HON. JOHN H. ADLER issued by the Coptic Foundation for Human HON. SAM JOHNSON Rights and Christian Solidarity Inter- OF NEW JERSEY OF TEXAS national (CSI), point to the grim reality of IN THE HOUSE OF REPRESENTATIVES forced marriage faced by vulnerable Coptic IN THE HOUSE OF REPRESENTATIVES Monday, April 26, 2010 women and girls in Egypt. In the 25 cases Monday, April 26, 2010 documented by the Coptic Foundation for Mr. ADLER of New Jersey. Madam Speak- Human Rights and CSI, it is clear that vio- Mr. SAM JOHNSON of Texas. Madam er, I would like to congratulate the Boy Scouts, lence, fraud, and/or coercion are used to Speaker, I ask my fellow colleagues to join me Girl Scouts, Leaders and Parents of force vulnerable Egyptian women and girls in congratulating the 2009–2010 Congres- Beachwood for receiving the 2010 Beachwood into marriages for the purpose of forced con- sional Youth Advisory Council. This year 45 Citizen of the Year Award. version, and these forced marriages are students from public, private, and home Through their excellence in giving back to sometimes accompanied by sexual exploi- schools in grades 9 through 12 made their the Beachwood community and committing to tation or domestic servitude. In some cases voices heard and made a difference in their the families involved in the abductions and their personal development and aspirations, forced conversions receive mysterious finan- communities, their country and their Congress. the Beachwood Girl and Boy Scouts have dis- cial benefits. Further, it appears, according These students volunteered their time, effort, played dedication to the highest standards and to their lawyers, that the situations facing and talent to inform me about the important best traditions of American citizenship. I am the women highlighted in the report are not issues facing their generation. As young lead- confident that they will continue to accomplish isolated cases. ers within their communities and their schools,

VerDate Mar 15 2010 13:49 May 31, 2013 Jkt 089102 PO 00000 Frm 00004 Fmt 0689 Sfmt 9920 E:\BR10\E26AP0.000 E26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 6316 EXTENSIONS OF REMARKS, Vol. 156, Pt. 5 April 26, 2010 these students boldly represent the promise would have voted ‘‘nay’’ on rollcall Nos. 207, Association, and the Dogwood Trails Girl and the hope we all have for their very bright 209, and 211. Scouts Council. Prior to her selection to the future. f OTC Board of Trustees, she was a member of President Ronald Reagan said, ‘‘Freedom is the OTC Steering Committee. She led OTC as never more than one generation away from COLLEEN BOYD its Trustee President 1990–1992 and 2002– extinction. We didn’t pass it to our children in 2003. the bloodstream. It must be fought for, pro- HON. ED PERLMUTTER From its modest beginnings in central tected, and handed on for them to do the OF COLORADO Springfield at the old vocational-technical same, or one day we will spend our sunset IN THE HOUSE OF REPRESENTATIVES school, OTC has blossomed into a modern campus offering students state-of-the-art years telling our children and our children’s Monday, April 26, 2010 children what it was once like in the United classes with opportunities for advancement in States where men were free.’’ Mr. PERLMUTTER. Madam Speaker, I rise a wide range of vocations, professions, and To ensure that the blessing of freedom is today to recognize and applaud Colleen Boyd subject matter. I am proud of the hard work passed from one generation to the next, the who has received the Arvada Wheat Ridge Mrs. Brooks and the College have done to members of the CYAC spent time interviewing Service Ambassadors for Youth award. Col- provide quality education for students in Mis- a veteran and documenting the experience for leen Boyd is an 8th grader at Drake Middle souri. the ‘‘Preserving History Project.’’ Today I’m School and received this award because her To Mrs. Brooks, I wish to extend a heartfelt proud to submit the brief summaries provided determination and hard work have allowed her ‘‘thank you and well done’’ for her tireless so the patriotic service of our dedicated vet- to overcome adversities. work over the last two decades. Her efforts erans and the thoughtful work of the CYAC The dedication demonstrated by Colleen have made the Springfield area a better place may be preserved for antiquity in the CON- Boyd is exemplary of the type of achievement to live. The Ozarks Technical Community Col- GRESSIONAL RECORD. A copy of each sub- that can be attained with hard work and perse- lege is a beacon of educational excellence for mitted student summary follows. verance. It is essential students at all levels the entire region. To each member of the Congressional strive to make the most of their education and f develop a work ethic which will guide them for Youth Advisory Council, thank you for making THE CONGRESSIONAL YOUTH AD- the rest of their lives. this year and this group a success. It is not a VISORY COUNCIL: A LEGACY OF I extend my deepest congratulations once coincidence that this congressional tribute SERVICE celebrates two generations of service. Each of again to Colleen Boyd for winning the Arvada you is trusted with the precious gift of free- Wheat Ridge Service Ambassadors for Youth HON. SAM JOHNSON dom. award. I have no doubt she will exhibit the OF TEXAS You are the voices of the future and I salute same dedication and character to all her future IN THE HOUSE OF REPRESENTATIVES you. God bless you and God bless America. accomplishments. The summary follows: f Monday, April 26, 2010 Mr. SAM JOHNSON of Texas. Madam I interviewed Mr. Kurt DeKuehn, Petty Of- HONORING DOLORES BROOKS ON ficer 1st Class, Musician, USN Ret. Mr. Speaker, I ask my fellow colleagues to join me HER RETIREMENT AS CHARTER DeKuehn enlisted in the Navy at the end of in congratulating the 2009–2010 Congres- MEMBER OF THE BOARD OF World War II through his entrance into the sional Youth Advisory Council. This year 45 TRUSTEES OF THE OZARKS United States Naval Academy School of students from public, private, and home TECHNICAL COMMUNITY COL- Music. He was barely 17 when his parents schools in grades 9 through 12 made their signed the enlistment papers and he LEGE auditioned four separate times on sax for en- voices heard and made a difference in their trance into the school. He gained admittance communities, their country and their Congress. to the school, and as the war was in full HON. ROY BLUNT These students volunteered their time, effort, swing, he was immediately put through basic OF MISSOURI and talent to inform me about the important training in preparation for deployment. He IN THE HOUSE OF REPRESENTATIVES issues facing their generation. As young lead- was eventually deployed to the battleship Monday, April 26, 2010 ers within their communities and their schools, Arkansas BB–33 in January 1945 and re- these students boldly represent the promise mained with the ship until its decommis- Mr. BLUNT. Madam Speaker, I rise today to and the hope we all have for their very bright sioning a year later. Mr. DeKuehn was later honor Dolores Brooks, who is retiring after future. asked back to service as a bandleader for the twenty years of service to her community in Admiral Galley Goodwill Tour of Europe. As President Ronald Reagan said, ‘‘Freedom is bandleader, he had the privilege of Springfield, Missouri as a charter member of never more than one generation away from handpicking his players and auditioning the Board of Trustees of the Ozarks Technical extinction. We didn’t pass it to our children in them. The band performed in 27 countries in Community College. the bloodstream. It must be fought for, pro- an 8 piece combo. Mr. DeKuehn thoroughly First elected in April 1990, Brooks helped tected, and handed on for them to do the enjoyed his Navy experience due to his Offi- shape the growth and direction of Ozarks same, or one day we will spend our sunset cer status and the nature of his employment: Technical Community College, a school that years telling our children and our children’s he was paid to play his instrument (some- serves students from 13 public school districts children what it was once like in the United thing he has done since he was four years of in Southwest Missouri and beyond. The age), and minimally operate a machine gun States where men were free.’’ on the stern of his ship. The terms of his em- growth of the school has been extraordinary, To ensure that the blessing of freedom is ployment don’t sound half bad. He even says with this year’s enrollment topping more than passed from one generation to the next, the that he has nothing against the Navy and 12,000 students. OTC, as it is known to stu- members of the CYAC spent time interviewing had fun in both of his tours of duty.—Jona- dents and local residents, has expanded its a veteran and documenting the experience for than Unger. operation to a second campus in Ozark, Mis- the ‘‘Preserving History Project.’’ Today I’m f souri, with an eye to increasing accessibility to proud to submit the brief summaries provided its growing student body. so the patriotic service of our dedicated vet- PERSONAL EXPLANATION Mrs. Brooks holds degrees from Purdue erans and the thoughtful work of the CYAC University, University of Missouri, and South- may be preserved for antiquity in the CON- HON. MIKE PENCE west Missouri State University, and has GRESSIONAL RECORD. A copy of each sub- OF INDIANA served as a public school teacher, counselor, mitted student summary follows. IN THE HOUSE OF REPRESENTATIVES principal, and adjunct university faculty mem- To each member of the Congressional ber. She has also served on numerous profes- Youth Advisory Council, thank you for making Monday, April 26, 2010 sional and civic organizations in leadership ca- this year and this group a success. It is not a Mr. PENCE. Madam Speaker, I was absent pacities, including the Missouri Guidance As- coincidence that this congressional tribute from the House floor during rollcall votes 206– sociation, Southwest Missouri Association of celebrates two generations of service. Each of 211. Had I been present, I would have voted Secondary School Principals, Springfield Edu- you is trusted with the precious gift of free- ‘‘yea’’ on rollcall Nos. 206, 208, and 210; I cation Association, Missouri State Teachers dom.

VerDate Mar 15 2010 13:49 May 31, 2013 Jkt 089102 PO 00000 Frm 00005 Fmt 0689 Sfmt 9920 E:\BR10\E26AP0.000 E26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 26, 2010 EXTENSIONS OF REMARKS, Vol. 156, Pt. 5 6317 You are the voices of the future and I salute ed to attain success in any endeavor they HONORING WATKINS COLLEGE OF you. God bless you and God bless America. choose to pursue. ART DESIGN AND FILM ON 125TH The summary follows: Every year, the Connell Company, based in ANNIVERSARY My grandfather, Colonel Lee Powell, Berkeley Heights, NJ, generously sponsors served in the Air Force for a total of thirty the scholarship program and provides other HON. MARSHA BLACKBURN years, garnering experience at many dif- vital support to the Program. Their generosity OF TENNESSEE ferent bases throughout the United States has supported the Program since its inception and abroad, including England and Vietnam. IN THE HOUSE OF REPRESENTATIVES in 1998. His main area of interest and expertise in Monday, April 26, 2010 the Air Force was contract administration, The staff members dedicated to the pro- although he completed other assignments as gram and its students are: Senior Director of Mrs. BLACKBURN. Madam Speaker, I ask well, such as Armed Forces Courier Officer Childcare, Camp and Teen Services Susan my colleagues to join me in congratulating and Missile Launch Officer. His engineering Morton, Coordinator Tarajee W. Russell, As- Watkins College of Art, Design and Film as background assisted him throughout his ca- sistant Coordinator Tania Mayer, Tutor they celebrate their 125th anniversary. reer. He also enjoyed traveling, an interest Romina Cahiwat, and Alumni Volunteer Jas- What began as a vision to offer art edu- that the Air Force helped facilitate, as he mine C. Farmer. These individuals, as well as cation to the Mid-South community, came into traveled extensively throughout Europe and being 125 years ago, emerging today as Wat- Africa, and also visited other places such as the volunteers on the Black Achievers Com- Australia and Thailand. He worked his way mittee of the Westfield, NJ Area YMCA Board kins College of Art, Design and Film. Name- up through the ranks, starting through the have worked tirelessly to ensure the success sake of entrepreneur and philanthropist Sam- ROTC program at his university, and then fi- of the program. The Westfield YMCA’s Chief uel Watkins, Watkins College opened its doors nally achieving the rank of Colonel. When Executive Officer Mark Elsasser, Chief Oper- in 1885 as Nashville Art Association and asked what impact his military service had ating Officer Paula Ehoff, Communications/De- began to offer instruction in visual arts. Always on his views of war and conflict, Colonel velopment Director Bonnie Cohen, YMCA one step ahead of the cultural needs of the Powell responded that his Vietnam and other Board chairman Stephen Murphy and the rest 20th century, the school assisted immigrants experiences have led him to believe that the in becoming active members of society, gave United States should not again involve itself of the staff are deeply committed to the suc- in the civil wars of other countries.—Mitch- cess of the Program. Lastly, the Black Achiev- women opportunities to enter the workplace ell Powell ers Committee Chairman Carlton Blake and with confidence and skill, and offered returning f the entire Black Achievers Committee should servicemen completion of their high school de- be acknowledged for the tremendous effort grees. HONORING THE WESTFIELD, NJ and dedication they put forth to keep the Black With approval from the Tennessee Higher AREA YMCA BLACK ACHIEVERS’ Achievers Program running. Education Commission in 1977, Watkins be- PROGRAM Madam Speaker, please join me in honoring came a full college offering associate degrees the Westfield, NJ Area YMCA Black Achievers in fine art and interior design. Adding the Wat- HON. ROBERT E. ANDREWS Program for encouraging students to develop kins Film School in 1997, and Bachelor of OF NEW JERSEY their fullest potential in spirit, mind, and body. Fine Arts degrees in photography, graphic de- IN THE HOUSE OF REPRESENTATIVES I urge them to continue to raise the academic sign and fine art in 2007, Watkins College of Art, Design and Film continues to lead the Monday, April 26, 2010 standards of our young people and inspire them to reach all of their goals. I congratulate way in artistic movements and education. Mr. ANDREWS. Madam Speaker, I rise the Westfield, NJ Area YMCA, the Black Watkins College offers hands-on curriculum, today to commend the Westfield, NJ Area Achievers’ Program Committee, the Program academic roots, and award-winning faculty. YMCA Black Achievers Program. I applaud and its staff and participants on their accom- Alumni of Watkins College of Art, Design and the participants for their achievements and the plishments and I thank them for their commit- Film go onto successful careers in their fields. staff, mentors, and Westfield, NJ Area YMCA ment to their community and I thank them for Alumni hold LEED certifications, are small Black Achievers Committee for their continuing their commitment to their community. business owners, designers of sacred spaces, commitment as role models in our community. makers of film, leaders in their communities, The Black Achievers Program began in the f and protectors of art. I am proud of my asso- 1960s at the Harlem YMCA with the mission ciation with Watkins College and look forward of helping youth set and achieve educational CONNOR RANDALL to the many successes of the next 125 years. and life-long goals. The program expanded I congratulate Watkins College on their rich nationally, and in 1998, the Westfield, NJ Area HON. ED PERLMUTTER and impactful history and ask my colleges to YMCA adopted it. The Program’s goal is to join me in honoring Watkins College of Art, prepare youth participants in grades five OF COLORADO Design and Film on their 125th anniversary. through twelve to become Black Achievers in IN THE HOUSE OF REPRESENTATIVES f their future careers by building their character Monday, April 26, 2010 and skills, while providing positive mentoring HONORING ALEX HORNADAY, PAR- relationships with caring Adult Achievers. Mr. PERLMUTTER. Madam Speaker, I rise TICIPANT IN THE 2010 PEOPLE The thirty-seven students who are partici- today to recognize and applaud Conner Ran- TO PEOPLE LEADERSHIP FORUM pants in the 2009–2010 school year are: dall who has received the Arvada Wheat Zayna Allen, Jamirah Barden, Steven Barden, Ridge Service Ambassadors for Youth award. HON. GERALD E. CONNOLLY Conner Randall is a 12th grader at Ralston Bria Barnes, Victoria Carden, Imani Coston, OF VIRGINIA Valley High School and received this award Ashley Edwards, Phylicia Flagg, Joshua Fore- IN THE HOUSE OF REPRESENTATIVES hand, Alexis Givens, Adam Harley, Aneyjah because his determination and hard work Harris, Jon’ae Jackson, Todd Jamison, Jr., have allowed him to overcome adversities. Monday, April 26, 2010 Cesar Lopez, Jazsmine Mayer, Jonathan The dedication demonstrated by Connor Mr. CONNELLY of Virginia. Madam Speak- Mayer, Maya McLeod, Cameron Mitchell, Randall is exemplary of the type of achieve- er, I rise to recognize Alex Hornaday, a partici- Chelci Mitchell, Aunyee McCummings, Kevin ment that can be attained with hard work and pant in the 2010 People to People Leadership Monroe, Jr., Imani Mutyanda, Munashee perseverance. It is essential students at all Forum in Washington, DC. A select group of Mutyanda, Jason Nutt, Fredrick A. Parsons, levels strive to make the most of their edu- students were chosen to attend the forum Jameka Parsons, Ne’andrea Paulevra, Sean cation and develop a work ethic which will based on their academic excellence, commu- Paulevra, Tamar Richardson, Dwayne Scott, guide them for the rest of their lives. nity involvement and leadership potential. Jr., Jeffery Scott, Ashley Simmons, Isaiah I extend my deepest congratulations once People to People International was founded Smith, Kwame Thompson Haynes, Diana Wil- again to Connor Randall for winning the Ar- by President Eisenhower in 1956. Today, it is liams and Brianna Whitehead. vada Wheat Ridge Service Ambassadors for a leader in educational travel programs, in- These thirty-seven individuals embody the Youth award. I have no doubt he will exhibit cluding the World Leadership Forum. Students program’s core values. They have acquired the same dedication and character to all his will participate in daily educational activities the leadership skills and self-awareness need- future accomplishments. around Washington, DC., which all will focus

VerDate Mar 15 2010 13:49 May 31, 2013 Jkt 089102 PO 00000 Frm 00006 Fmt 0689 Sfmt 9920 E:\BR10\E26AP0.000 E26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 6318 EXTENSIONS OF REMARKS, Vol. 156, Pt. 5 April 26, 2010 on leadership. After successful participation in Parkland Memorial Hospital. In fact, he was on Sudan so as to avoid a humanitarian ca- the program, students will earn a Certificate of on a team of doctors who operated on Presi- tastrophe in Darfur and elsewhere. Yet, as Completion. dent John F. Kennedy when he was assas- president, Mr. Obama and his aides have Alex Hornaday, of Springfield, Va., exempli- sinated at Dealy Plaza in Dallas, Texas and caved, leaving Sudan gloating at American was taken to Parkland Memorial Hospital weakness. Western monitors, Sudanese jour- fies the People to People’s commitment to immediately. Dr. McClelland was, at the nalists and local civil society groups have all academic excellence, community involvement, time, showing a group of students and resi- found this month’s Sudanese elections to be and leadership potential. dents a film on surgery techniques when he deeply flawed—yet Mr. Obama’s special Madam Speaker, I ask that my colleagues accompanied Dr. Crenshaw to Trauma Room envoy for Sudan, Maj. Gen. Scott Gration, join me in honoring Alex Hornaday. Alex is One, where President Kennedy lay uncon- pre-emptively defended the elections, saying truly an outstanding student who demonstrates scious, hooked to a respiratory machine. they would be ‘‘as free and as fair as pos- the leadership potential of our future. Through this experience, I learned that I sible.’’ The White House showed only a hint take for granted the freedoms that I have more backbone with a hurried reference this f today that were given to me. These same week to ‘‘an essential step’’ with ‘‘serious THE CONGRESSIONAL YOUTH AD- freedoms that I worked nothing for are and irregularities.’’ VISORY COUNCIL: A LEGACY OF were the same freedoms countless soldiers President Omar Hassan al-Bashir of from the United States armed forces self- Sudan—the man wanted by the International SERVICE lessly fought for. Furthermore, I have gained Criminal Court for crimes against humanity a novel respect for physicians, such as Dr. in Darfur—has been celebrating. His regime HON. SAM JOHNSON McClelland himself who make it their job to calls itself the National Congress Party, or OF TEXAS save lives.—Eann Tuan N.C.P., and he was quoted in Sudan as telling f a rally in the Blue Nile region: ‘‘Even Amer- IN THE HOUSE OF REPRESENTATIVES ica is becoming an N.C.P. member. No one is Monday, April 26, 2010 DAISY HENRIQUEZ against our will.’’ Memo to Mr. Obama: When a man who has been charged with Mr. SAM JOHNSON of Texas. Madam crimes against humanity tells the world that Speaker, I ask my fellow colleagues to join me HON. ED PERLMUTTER America is in his pocket, it’s time to review in congratulating the 2009–2010 Congres- OF COLORADO your policy. sional Youth Advisory Council. This year 45 IN THE HOUSE OF REPRESENTATIVES Perhaps the Obama administration caved because it considers a flawed election better students from public, private, and home Monday, April 26, 2010 schools in grades 9 through 12 made their than no election. That’s a reasonable view, voices heard and made a difference in their Mr. PERLMUTTER. Madam Speaker, I rise one I share. It’s conceivable that Mr. Bashir communities, their country and their Congress. today to recognize and applaud Daisy could have won a quasi-fair election—oil rev- Henriquez who has received the Arvada enues have manifestly raised the standard of These students volunteered their time, effort, living in parts of Sudan—and the cam- and talent to inform me about the important Wheat Ridge Service Ambassadors for Youth paigning did create space for sharp criticism issues facing their generation. As young lead- award. Daisy Henriquez is an 8th grader at of the government. ers within their communities and their schools, Wheat Ridge Middle School and received this It’s also true that Sudan has been behaving these students boldly represent the promise award because her determination and hard better in some respects. The death toll in and the hope we all have for their very bright work have allowed her to overcome adversi- Darfur is hugely reduced, and the govern- future. ties. ment is negotiating with rebel groups there. President Ronald Reagan said, ‘‘Freedom is The dedication demonstrated by Daisy The Sudanese government gave me a visa Henriquez is exemplary of the type of achieve- and travel permits to Darfur, allowing me to never more than one generation away from travel legally and freely. The real game extinction. We didn’t pass it to our children in ment that can be attained with hard work and isn’t, in fact, Darfur or the elections but the the bloodstream. It must be fought for, pro- perseverance. It is essential students at all maneuvering for a possible new civil war. tected, and handed on for them to do the levels strive to make the most of their edu- The last north-south civil war in Sudan same, or one day we will spend our sunset cation and develop a work ethic which will ended with a fragile peace in 2005, after some years telling our children and our children’s guide them for the rest of their lives. two million deaths. The peace agreement children what it was once like in the United I extend my deepest congratulations once provided for a referendum, scheduled to take States where men were free.’’ again to Daisy Henriquez for winning the Ar- place in January, in which southern Suda- vada Wheat Ridge Service Ambassadors for nese will decide whether to secede. They are To ensure that the blessing of freedom is expected to vote overwhelmingly to form a passed from one generation to the next, the Youth award. I have no doubt she will exhibit separate country. members of the CYAC spent time interviewing the same dedication and character to all her Then the question becomes: will the north a veteran and documenting the experience for future accomplishments. allow South Sudan to separate? The south the ‘‘Preserving History Project.’’ Today I’m f holds the great majority of the country’s oil, proud to submit the brief summaries provided and it’s difficult to see President Bashir al- OBAMA BACKS DOWN ON SUDAN so the patriotic service of our dedicated vet- lowing oil fields to walk away. erans and the thoughtful work of the CYAC ‘‘If the result of the referendum is inde- pendence, there is going to be war—complete may be preserved for antiquity in the CON- HON. FRANK R. WOLF war,’’ predicts Mudawi Ibrahim Adam, one of GRESSIONAL RECORD. A copy of each sub- OF VIRGINIA Sudan’s most outspoken human rights advo- mitted student summary follows. IN THE HOUSE OF REPRESENTATIVES cates. He cautions that America’s willing- To each member of the Congressional Monday, April 26, 2010 ness to turn a blind eye to election-rigging Youth Advisory Council, thank you for making here increases the risk that Mr. Bashir will this year and this group a success. It is not a Mr. WOLF. Madam Speaker, I submit for feel that he can get away with war. coincidence that this congressional tribute the RECORD an op-ed today by respected New ‘‘They’re very naı¨ve in Washington,’’ Mr. celebrates two generations of service. Each of York Times columnist Nicholas Kristof regard- Mudawi said. ‘‘They don’t understand what is going on.’’ you is trusted with the precious gift of free- ing the Obama administration’s abysmal record on Sudan. He paints a bleak picture On the other hand, a senior Sudanese gov- dom. ernment official, Ghazi Salahuddin, told me You are the voices of the future and I salute about the potentially dire implications of the unequivocally in Khartoum, the nation’s you. God bless you and God bless America. administration’s failure to confront Khartoum. I capital, that Sudan will honor the ref- The summary follows: echo Kristof’s warning that ‘‘if President erendum results. And it’s certainly plausible I interviewed Robert Nelson McClelland, Obama is ever going to find his voice on that north and south will muddle through M.D. a veteran of the United States Air Sudan, it had better be soon.’’ and avoid war, for both sides are exhausted Force. He entered the armed forces as a First [From the New York Times, April 22, 2010] by years of fighting. Lieutenant and was discharged with honor as Here in Juba, the South Sudan capital, I OBAMA BACKS DOWN ON SUDAN a Captain. Dr. McClelland not only served as met Winnie Wol, 26, who fled the civil war in a physician in the United States Air Force, (By Nicholas D. Kristof) 1994 after a militia from the north attacked stationed in Germany for two years, but he JUBA, SUDAN.—Until he reached the White her village to kill, loot, rape and burn. Her also contributed a tremendous amount of House, Barack Obama repeatedly insisted father and many relatives were killed, but time and effort into career as a doctor at that the United States apply more pressure she escaped and made her way to Kenya—and

VerDate Mar 15 2010 13:49 May 31, 2013 Jkt 089102 PO 00000 Frm 00007 Fmt 0689 Sfmt 9920 E:\BR10\E26AP0.000 E26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 26, 2010 EXTENSIONS OF REMARKS, Vol. 156, Pt. 5 6319 eventually resettled as a refugee in Cali- them for their many sacrifices, years of tireless schools in grades 9 through 12 made their fornia. She now lives in Olathe, Kan., and loyalty and countless contributions to this Na- voices heard and made a difference in their she had returned for the first time to Sudan tion. These are unsung heroes in our midst, to visit a mother and sisters she had last communities, their country and their Congress. seen when she was a little girl. and I welcome this opportunity to recognize These students volunteered their time, effort, Ms. Wol, every bit the well-dressed Amer- their tremendous sacrifice on behalf of the and talent to inform me about the important ican, let me tag along for her journey back people of the United States of America. issues facing their generation. As young lead- to her village of Nyamlell, 400 miles north- f ers within their communities and their schools, west of Juba. The trip ended by a thatch-roof these students boldly represent the promise hut that belonged to her mother, who didn’t HONORING COMMISSIONER ROY know she was coming—so no one was home. GOLD and the hope we all have for their very bright Ms. Wol was crushed. future. Then there was a scream and a woman HON. THEODORE E. DEUTCH President Ronald Reagan said, ‘‘Freedom is came running. It was Ms. Wol’s mother, never more than one generation away from somehow recognizing her, and they flew into OF FLORIDA each other’s arms. To me, It felt like a peace IN THE HOUSE OF REPRESENTATIVES extinction. We didn’t pass it to our children in the bloodstream. It must be fought for, pro- dividend. Monday, April 26, 2010 Yet that peace is fragile, and Ms. Wol tected, and handed on for them to do the knows that the northern forces may come Mr. DEUTCH. Madam Speaker, I am both same, or one day we will spend our sunset back to pillage again. ‘‘I don’t want war,’’ honored and privileged to congratulate Com- years telling our children and our children’s she said, ‘‘but I don’t think they will allow missioner Roy Gold as he begins his tenure us to separate.’’ children what it was once like in the United as the 53rd President of the Broward League States where men were free.’’ My own hunch is that the north hasn’t en- of Cities. tirely decided what to do, and that strong This most recent achievement is one of To ensure that the blessing of freedom is international pressure can reduce the risk of passed from one generation to the next, the another savage war. If President Obama is many honors during Commissioner Gold’s dis- ever going to find his voice on Sudan, it had tinguished career in public service. The Com- members of the CYAC spent time interviewing better be soon. missioner has long been a leader in the a veteran and documenting the experience for f Broward community, serving as a member of the ‘‘Preserving History Project.’’ Today I’m the Coral Springs City Commission since proud to submit the brief summaries provided HONORING NISEI VETERANS 2004, and Vice Mayor from March 2006 so the patriotic service of our dedicated vet- through November 2007. Commissioner Gold erans and the thoughtful work of the CYAC HON. MIKE QUIGLEY also serves as the Chair of the Florida Inter- may be preserved for antiquity in the CON- OF ILLINOIS governmental Financial Commission and as a GRESSIONAL RECORD. A copy of each sub- IN THE HOUSE OF REPRESENTATIVES member of both the Broward County Resource mitted student summary follows. Recovery Board and the Broward County Monday, April 26, 2010 To each member of the Congressional Oversight Committee. Youth Advisory Council, thank you for making Mr. QUIGLEY. Madam Speaker, I rise today Beyond the City Commission, Commissioner to recognize the distinct patriotic and heroic Gold has dedicated his life to his family, a this year and this group a success. It is not a service of several Chicago Japanese Amer- successful business career, and community coincidence that this congressional tribute ican Veterans who served as linguists for the and environmental activism. While serving as celebrates two generations of service. Each of Military Intelligence Service (‘‘MIS’’) of the co-president and CEO of Cambridge Diag- you is trusted with the precious gift of free- United States Army. These Japanese Amer- nostic Products, Inc., the commissioner has dom. ican (‘‘Nisei’’) veterans dedicated their lives in tirelessly worked to improve the community of You are the voices of the future and I salute providing invaluable intelligence support during Coral Springs. He is a founding member of the you. God bless you and God bless America. World War II and during the Occupation of Coral Springs Neighborhood and Environ- The summary follows: Japan from 1945–1952. mental Committee, a founding site leader for The service of these Nisei veterans was crit- the Broward Waterway Cleanup, a founder of Michael Lee Todd has been stationed all ical to our Nation’s victory during World War II. the Broward Adopt-a-Mile program, and a site across the U.S. and the world. During his They translated captured documents, interro- leader for Broward County Adopt-a-Street. In time in the service he was a Naval Aviator gated prisoners of war, and intercepted radio addition to Commissioner Gold’s environ- for seven years and then a public affairs offi- messages. After the war they continued to mental activism, he is currently a board mem- cer, or PAO for 17 years. While assigned to serve the United States as cultural and lin- ber of the Coral Springs Charter School and the USS Coral Sea (CV–43) he was part of the guistic ambassadors during the occupation of the Coral Springs Museum of Art. mission to rescue the American hostages being held by Muslim extremists in Tehran, Japan. The MIS soldiers were vital in main- Commissioner Gold’s dedication to commu- taining the peace by acting as a bridge be- Iran. Later in his career he was the lead pub- nity activism in Coral Springs is a testament to lic service affairs officer for many high pro- tween the American forces and the Japanese his dedication to greater Broward County, and file cases during Navy history. One of these people. the Broward League of Cities will be well was a terrible incident where a sailor killed The patriotism and heroism of the Japanese served to have him as their new President. another in cold blood while in Japan for American MIS soldiers was profound and im- I wish Commissioner Gold, his wife Janet, being homosexual. He was also in charge of measurable. They served this country while and his children Michael and Lauren congratu- all public affairs during a terrible accident their families and friends were placed in in- lations and continued success. onboard the battleship USS Iowa, where one ternment camps surrounded by barbed wire f of its four 18- inch gun turrets blew up kill- and armed guards. Always soldiers first, some ing dozens of sailors. Later in his career he found themselves on the battleground along- THE CONGRESSIONAL YOUTH AD- was with General Anthony Zinni at U.S. Cen- side armed forces, where they faced extra- VISORY COUNCIL: A LEGACY OF tral Command during the withdrawal of U.S. ordinary circumstances and physical hard- SERVICE forces from Somalia. Mike retired from the ships. Navy in 2000. From this experience I gained For decades after such a heroic sacrifice, HON. SAM JOHNSON a completely new insight into the life of my due to military confidentiality agreements, their Uncle Mike. I never really new all the things OF TEXAS he did, viewed him as ‘‘Captain Todd’’ or how stories have gone untold. Many of the Nisei IN THE HOUSE OF REPRESENTATIVES important his service was to the country. It Veterans, some of whom have now passed, Monday, April 26, 2010 amazes me that he had such an impact on settled in Chicago after World War II. thoughts about the Navy by the American Madam Speaker, I ask my colleagues to join Mr. SAM JOHNSON of Texas. Madam public. It makes me proud and gives me me in recognizing the Nisei Veterans for their Speaker, I ask my fellow colleagues to join me dreams of one day being like him, to serve extraordinary and invaluable service to our in congratulating the 2009–2010 Congres- my country in the tradition of my family Nation in a time of war. They exemplify the sional Youth Advisory Council. This year 45 and make a difference to the liberty and values of dedication and service, and I thank students from public, private, and home freedom of America.—Samantha Todd.

VerDate Mar 15 2010 13:49 May 31, 2013 Jkt 089102 PO 00000 Frm 00008 Fmt 0689 Sfmt 0634 E:\BR10\E26AP0.000 E26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 6320 EXTENSIONS OF REMARKS, Vol. 156, Pt. 5 April 26, 2010 DEREK RIEMER Hill and I was honored to attend the ‘‘Celebra- same, or one day we will spend our sunset tion of Our Military Kids’ Star Power’’ event at years telling our children and our children’s HON. ED PERLMUTTER which four military children and one military children what it was once like in the United OF COLORADO family were saluted. The 2010 award winners States where men were free.’’ To ensure that the blessing of freedom is IN THE HOUSE OF REPRESENTATIVES are: Valerie Gonzalez of Alhambra, CA, in the 7–10-year-old age category; Jasmine Warren passed from one generation to the next, the Monday, April 26, 2010 of Douglasville, GA, 11–14-year-old category; members of the CYAC spent time interviewing Mr. PERLMUTTER. Madam Speaker, I rise Taylor Ulmen of Madelia, MN, 15–18-year-old a veteran and documenting the experience for today to recognize and applaud Derek Riemer category; John Stefan Jenkins, Jr. of Jamaica, the ‘‘Preserving History Project.’’ Today I’m who has received the Arvada Wheat Ridge NY, 15–18-year old category, and four chil- proud to submit the brief summaries provided Service Ambassadors for Youth award. Derek dren from the Sonnen Family of Annandale, so the patriotic service of our dedicated vet- Riemer is a 9th grader at Ralston Valley High VA, whose father Tom was deployed to Iraq. erans and the thoughtful work of the CYAC School and received this award because his Through many generous partnerships with may be preserved for antiquity in the CON- determination and hard work have allowed him individuals, foundations, and corporations Our GRESSIONAL RECORD. A copy of each sub- to overcome adversities. Military Kids is able to award grants to chil- mitted student summary follows. The dedication demonstrated by Derek dren each year. The Star Supporters of 2009– To each member of the Congressional Riemer is exemplary of the type of achieve- 2010 include: General Dynamics; Target; Bob Youth Advisory Council, thank you for making ment that can be attained with hard work and Woodruff Foundation; Leonsis Foundation; this year and this group a success. It is not a perseverance. It is essential students at all Lockheed Martin; American Legion Child Wel- coincidence that this congressional tribute levels strive to make the most of their edu- fare Foundation; Emerson Charitable Trust; celebrates two generations of service. Each of cation and develop a work ethic which will USAA; AUSA; General Dynamics-AIS; Jeong you is trusted with the precious gift of free- guide them for the rest of their lives. H. Kim Foundation; Oshkosh Defense; Mr. & dom. I extend my deepest congratulations once Mrs. Michael Ansari; ASMBA Star Foundation; You are the voices of the future and I salute again to Derek Riemer for winning the Arvada Association of Military Banks of America; you. God bless you and God bless America. Wheat Ridge Service Ambassadors for Youth Avion Manufacturing; Binder Foundation; The summary follows: award. I have no doubt he will exhibit the Careerbuilder.com; EADS North America; Retired Air Force Major Mark Smith en- same dedication and character to all his future Janning Family Foundation; PGA Tour Wives listed in the United States Air Force in 1969, accomplishments. Association; Mr. & Mrs. Roger C. Schultz; Sil- at age 19. He spent six years serving as an en- icon Valley Community Foundation; Tiger listed serviceman, was honorably discharged, f and pursued his education using the GI Bill Woods Foundation; Aspen Capital, LLC; Mr. & while working. After completing his Masters RECOGNIZING THE CONTRIBU- Mrs. Peter J. Barris; Bechtel; Binder Founda- TIONS OF OUR MILITARY KIDS Degree in Computer Information Systems, he tion; Booz Allen Hamilton; Congressional applied to Officers’ Training School (OTS) ORGANIZATION AND THE 2010 Country Club; Dorothy G. Bender Foundation, and reenlisted in the Air Force. Major Smith STAR POWER AWARD WINNERS Mr. & Mrs. Shawn Hendon, Mr. & Mrs. John spent the remainder of his time as an officer H. Hiser, Kipps DeSanto; Mr. & Mrs. Gerard working in Tactical Communications Sys- HON. FRANK R. WOLF R. Lear; Lillian Adams Charitable Trust; Mr. & tems and Information Systems Management. Smith’s one overseas duty station was as an OF VIRGINIA Mrs. Philip Odeen; Gen. & Mrs. Peter Pace; enlisted airman; he was stationed with the IN THE HOUSE OF REPRESENTATIVES Triple Canopy; Walter B. Slocombe; Mr. & RAF station at Chicksands in England. Monday, April 26, 2010 Mrs. Paul A. Weaver, Jr.; Mr. & Mrs. William Later in his career as an officer, he had some Wolpert. temporary duty assignments in Saudi Ara- Mr. WOLF. Madam Speaker, I rise today to In closing, I would like to particularly thank bia, Haiti and Panama. recognize and celebrate April as the National Linda Davidson, Our Military Kids’ executive This interview was the first time I have Month of the Military Child. I also ask that my director, for dedication and tireless efforts to questioned a veteran about their experi- colleagues join me in recognizing the out- support our Nation’s military families. ences, and it was fascinating. The Smiths ex- pressed such a high level of enthusiasm and standing work of the Our Military Kids organi- f zation as well as its 2010 award winners. I am pride about their lives in the United States honored that this program, founded in THE CONGRESSIONAL YOUTH AD- Air Force that it would have been difficult to VISORY COUNCIL: A LEGACY OF come away from the interview with anything McLean, Virginia, is located in the 10th District but a positive outlook towards a military ca- of Virginia. SERVICE reer.—Katya Sousa Our Military Kids is an organization that of- f fers support to children of deployed National HON. SAM JOHNSON Guard and Reserve personnel in addition to OF TEXAS CONGRATULATING HALF HOLLOW children of severely injured servicemembers, IN THE HOUSE OF REPRESENTATIVES HILLS EAST HIGH SCHOOL ON through grants for extracurricular activities. In WINNING THE WE THE PEOPLE honor of the sacrifices military parents make, Monday, April 26, 2010 NEW YORK STATE FINALS Our Military Kids helps to ensure that children Mr. SAM JOHNSON of Texas. Madam of military families have the chance to have Speaker, I ask my fellow colleagues to join me HON. STEVE ISRAEL access to enrichment activities such as fine in congratulating the 2009–2010 Congres- OF NEW YORK arts, sports, or academic programs. sional Youth Advisory Council. This year 45 IN THE HOUSE OF REPRESENTATIVES I particularly wish to recognize the dedicated students from public, private, and home staff of Our Military Kids. They are joined by schools in grades 9 through 12 made their Monday, April 26, 2010 a Board of Directors, as well as an Advisory voices heard and made a difference in their Mr. ISRAEL. Madam Speaker, I rise today Board, who help make important decisions on communities, their country and their Congress. to acknowledge Half Hollow Hills East High behalf of the organization. The organization These students volunteered their time, effort, School, which was named the New York State launched its original program in Winchester, and talent to inform me about the important champion of the We the People: The Citizens Virginia, in connection with the Virginia Na- issues facing their generation. As young lead- and the Constitution competition. tional Guard in 2005. Today the success of ers within their communities and their schools, The We the People competition is an ex- Our Military Kids has gained national recogni- these students boldly represent the promise tremely prestigious national academic contest tion and now reaches 14,633 children in all 50 and the hope we all have for their very bright that promotes the study of the United States states. future. Constitution. The students from Half Hollow Each year Our Military Kids recognizes out- President Ronald Reagan said, ‘‘Freedom is Hills East who participated in the simulated standing military children and families for their never more than one generation away from congressional hearings were judged on their service to and sacrifice for our country. This extinction. We didn’t pass it to our children in knowledge of and ability to apply the Constitu- year’s award ceremony was held on April 13 the bloodstream. It must be fought for, pro- tion to current events. The students earned in the Cannon Caucus Room here on Capitol tected, and handed on for them to do the the best scores of the nine high schools that

VerDate Mar 15 2010 13:49 May 31, 2013 Jkt 089102 PO 00000 Frm 00009 Fmt 0689 Sfmt 9920 E:\BR10\E26AP0.000 E26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 26, 2010 EXTENSIONS OF REMARKS, Vol. 156, Pt. 5 6321 competed in the New York State Final Hear- mathematics education. Each year, the Foun- You are the voices of the future and I salute ings in March and as a result, will represent dation provides more than $7 million in sup- you. God bless you and God bless America. New York State in the national finals. port of education initiatives. The Foundation The summary follows: I am proud to recognize Half Hollow Hills supports programs from grade school through I interviewed Alan Smith, a World War II East High School for this outstanding aca- graduate school to encourage students to veteran, and I learned a lot about his life and demic achievement. achieve their potential. The Siemens Awards his experiences during the war as well as the f for Advanced Placement provides $2,000 col- years after. Mr. Smith entered the military lege scholarships for two students in each as a private and came out as a corporal after HONORING MR. JAMES MUSCATO state based on grades and scores in AP approximately 22 months of service. His science and math classes. highlight combat mission was the invasion HON. BRIAN HIGGINS Grace Wang, a student at Thomas Jefferson of Bastogne. After his service, Mr. Smith High School for Science and Technology, has went to school on the GI Bill and became a OF NEW YORK Bible major. Following college, Mr. Smith IN THE HOUSE OF REPRESENTATIVES excelled in her AP science and math classes. began to work for Beach Aircraft Company Through her hard work, she has proven that Monday, April 26, 2010 which produced tools of various sorts. she is one of the best and brightest in the na- After interviewing Mr. Smith, I have Mr. HIGGINS. Madam Speaker, I rise today tion. She is a shining example of the achieve- learned several things about World War II to pay tribute to the years of service given to ments of students in the area of math and from a first-hand account. I also learned the the people of Chautauqua County by Mr. science. challenges faced by troops while deployed James Muscato. Mr. Muscato served his con- Madam Speaker, I ask that my colleagues overseas and the mental toll it places on a stituency faithfully and justly during his tenure join me in congratulating Grace Wang for this soldier’s mind. And at the end of the inter- as a member of the Dunkirk City Council. view, Mr. Smith stressed this scripture from honor. She truly is an example of our nation’s the Bible to me: ‘‘And hath made of one Public service is a difficult and fulfilling ca- promising future in the science and technology blood all nations of men for to dwell on all reer. Any person with a dream may enter but fields. the face of the earth, and hath determined only a few are able to reach the end. Mr. f the times before appointed, and the bounds Muscato served his term with his head held of their habitation.’’ He lives by this verse high and a smile on his face the entire way. THE CONGRESSIONAL YOUTH AD- and said it could be applicable to many I have no doubt that his kind demeanor left a VISORY COUNCIL: A LEGACY OF present day situations.—Drew Sneed. lasting impression on the people of Chau- SERVICE f tauqua County. PERSONAL EXPLANATION We are truly blessed to have such strong in- HON. SAM JOHNSON dividuals with a desire to make this county the OF TEXAS wonderful place that we all know it can be. Mr. IN THE HOUSE OF REPRESENTATIVES HON. BRIAN HIGGINS Muscato is one of those people, and that is Monday, April 26, 2010 OF NEW YORK IN THE HOUSE OF REPRESENTATIVES why, Madam Speaker, I rise to pay tribute to Mr. SAM JOHNSON of Texas. Madam him today. Speaker, I ask my fellow colleagues to join me Monday, April 26, 2010 f in congratulating the 2009–2010 Congres- Mr. HIGGINS. Madam Speaker, regrettably, OUR UNCONSCIONABLE NATIONAL sional Youth Advisory Council. This year 45 during a series of votes last Thursday I DEBT students from public, private, and home missed rollcall vote 219. I would have voted schools in grades 9 through 12 made their ‘‘yea.’’ HON. MIKE COFFMAN voices heard and made a difference in their I am a cosponsor of H.R. 2194, the Com- communities, their country and their Congress. prehensive Iran Sanctions, Accountability, and OF COLORADO These students volunteered their time, effort, Divestment Act, and would have joined my IN THE HOUSE OF REPRESENTATIVES and talent to inform me about the important colleagues in instructing conferees to insist on Monday, April 26, 2010 issues facing their generation. As young lead- the strong provisions in the House-passed bill. Mr. COFFMAN of Colorado. Madam Speak- ers within their communities and their schools, f er, today our national debt is these students boldly represent the promise HONORING ARMY SPECIALIST $12,877,195,922,374.91. and the hope we all have for their very bright RANDALL RAY CHARLES On January 6th, 2009, the start of the 111th future. LANDSTEDT Congress, the national debt was President Ronald Reagan said, ‘‘Freedom is $10,638,425,746,293.80. never more than one generation away from This means the national debt has increased extinction. We didn’t pass it to our children in HON. TOM McCLINTOCK by $2,238,770,176,081.11 so far this Con- the bloodstream. It must be fought for, pro- OF CALIFORNIA gress. tected, and handed on for them to do the IN THE HOUSE OF REPRESENTATIVES same, or one day we will spend our sunset This debt and its interest payments we are Monday, April 26, 2010 passing to our children and all future Ameri- years telling our children and our children’s cans. children what it was once like in the United Mr. MCCLINTOCK. Madam Speaker, I rise today to honor Army SPC Randall Ray f States where men were free.’’ To ensure that the blessing of freedom is Charles Landstedt from Pollock Pines, Cali- CONGRATULATING GRACE WANG, passed from one generation to the next, the fornia, who was killed April 6, 2010 while on RECIPIENT OF A SIEMENS FOUN- members of the CYAC spent time interviewing leave in Crestview, Florida. Specialist DATION AWARD a veteran and documenting the experience for Landstedt grew up in El Dorado County, at- the ‘‘Preserving History Project.’’ Today, I’m tending local schools, including Pinewood, Si- HON. GERALD E. CONNOLLY proud to submit the brief summaries provided erra Ridge, El Dorado High, and Independ- OF VIRGINIA so the patriotic service of our dedicated vet- ence High. From an early age, Specialist IN THE HOUSE OF REPRESENTATIVES erans and the thoughtful work of the CYAC Landstedt was determined to serve his country may be preserved for antiquity in the CON- and after graduation enlisted in the U.S. Army. Monday, April 26, 2010 GRESSIONAL RECORD. A copy of each sub- He was known by his friends and family as Mr. CONNOLLY of Virginia. Madam Speak- mitted student summary follows. kind, generous, considerate and loyal. He is er, I rise to recognize Grace Wang, recipient To each member of the Congressional survived by his parents, Joanne and Daniel of a Siemens Foundation award for her excel- Youth Advisory Council, thank you for making Landstedt; brother, James Copeland of Pol- lence in the College Board’s Advanced Place- this year and this group a success. It is not a lock Pines; and sister, Rickie Bronstein of San ment program courses and exams in the area coincidence that this congressional tribute Diego. of science and mathematics. celebrates two generations of service. Each of I cannot begin to comprehend the pain of The Siemens Foundation has actively sup- you is trusted with the precious gift of free- losing such a kind and courageous young man ported science, technology, engineering and dom. and I cannot ease that pain with my words. All

VerDate Mar 15 2010 13:49 May 31, 2013 Jkt 089102 PO 00000 Frm 00010 Fmt 0689 Sfmt 9920 E:\BR10\E26AP0.000 E26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 6322 EXTENSIONS OF REMARKS, Vol. 156, Pt. 5 April 26, 2010 I can do is say thank you for Randall’s serv- in his Plano West classroom to learn about Secretary of Defense Medal for Meritorious Ci- ice. He exemplified the highest values of our his intriguing assignments overseas. Chad vilian Service; and Secretary of Defense Pro- country, embodying courage, valor and dedi- Goins is currently a teacher at Plano West ductivity Excellence Award, among many oth- cation in his service with the Army’s 1st Bat- Senior High School where he instructs stu- dents in Introduction to Criminal Justice ers. talion, 32nd Infantry Regiment, 3rd Brigade and Criminal Investigation classes. Just Madam Speaker, I ask that you join with me Combat Team, 10th Mountain Division. Spe- under two years ago, in June 2008, Sgt. Goins today to honor Mr. Richard Schaeffer, Jr., and cialist Landstedt was twice awarded the Army left to endure an eight month training fol- his illustrious career with the Federal Govern- Commendation Medal and also received the lowed by ten months at Bagram Airfield in If ment. His leadership and loyalty has protected Afghanistan Campaign Medal, the National Afghanistan. His many awards and achieve- this nation for over 40 years. His dedication to Defense Service Medal, the Global War on ments clearly demonstrate the integrity and the United States is highly commendable. valor with which he has served his country, Terrorism Medal, an Army Service Ribbon, an f Overseas Service Ribbon, and the NATO such as the Afghanistan Campaign Medal, and the Combat Action Badge. Due to the RECOGNIZING THE SERVICE OF Medal with an International Security Assist- nature of Sgt. Goins’ duties of Military In- ance Force bar. We will remember SPC Ran- THE 100TH BATTALION, 442ND telligence, he was unable to discuss many of REGIMENTAL COMBAT TEAM dall Landstedt for his honor and dedication, the specifics. However, because he saw a lot and we must never forget the service and sac- of the local population, he discussed with me AND THE MILITARY INTEL- rifices of the sons and daughters of our great just why the war in Afghanistan is so dif- LIGENCE SERVICE country. ficult to fight. From this experience, I am now better able to understand the war in Af- f HON. TOM McCLINTOCK ghanistan and the reason to why it is such a OF CALIFORNIA THE CONGRESSIONAL YOUTH AD- non-traditional war. The religious and cul- VISORY COUNCIL: A LEGACY OF tural differences and the thousands of famil- IN THE HOUSE OF REPRESENTATIVES SERVICE ial tribes in Afghanistan make continuity Monday, April 26, 2010 nearly impossible with Americans to Af- ghans, and even Afghans to Afghans. Thank Mr. MCCLINTOCK. Madam Speaker, I rise HON. SAM JOHNSON you, Sergeant Goins and all other members today to recognize the brave individuals who OF TEXAS of the U.S. Military for everything you do to served in the Military Intelligence Service and IN THE HOUSE OF REPRESENTATIVES protect our country. For it is because of you the Army’s 100th Battalion, 442nd Regimental Monday, April 26, 2010 that we can live the life we do. I am thankful Combat Team (RCT)—the most decorated to add, Sergeant Goins’ duty ended on unit for its size and length of service in the Mr. SAM JOHNSON of Texas. Madam Thanksgiving Day of 2009, and he returned Speaker, I ask my fellow colleagues to join me home shortly after, injury free.—Laura history of the U.S. military. These patriotic in congratulating the 2009–2010 Congres- Schuller. Americans, many of whom came from Placer County, California, served at a time when sional Youth Advisory Council. This year 45 f students from public, private, and home many of their families were interned in camps RICHARD C. SCHAEFFER, JR. schools in grades 9 through 12 made their far from their homes. voices heard and made a difference in their I am proud that the people of Placer County communities, their country and their Congress. HON. C.A. DUTCH RUPPERSBERGER have partnered with the Japanese American These students volunteered their time, effort, OF MARYLAND Citizens League to create a permanent memo- and talent to inform me about the important IN THE HOUSE OF REPRESENTATIVES rial commemorating the Americans of Japa- nese ancestry who served in the U.S. military issues facing their generation. As young lead- Monday, April 26, 2010 ers within their communities and their schools, during World War II. The memorial includes a Mr. RUPPERSBERGER. Madam Speaker, I these students boldly represent the promise 36-foot compass laid in concrete to symbolize rise before you today to honor Mr. Richard and the hope we all have for their very bright the journey of the 442nd RCT located on Go Schaeffer, Jr., for a distinguished 40-year ca- future. For Broke Road, which is named in honor of President Ronald Reagan said, ‘‘Freedom is reer with the Federal Government. the unit’s motto. never more than one generation away from A graduate from Catholic University of As our community moves into the second extinction. We didn’t pass it to our children in America, Schaeffer holds a Bachelor of phase of this project, I congratulate everyone the bloodstream. It must be fought for, pro- Science degree in Electrical Engineering. His involved and thank them for their ongoing ef- tected, and handed on for them to do the participation in the Intelligence Fellows Pro- forts to honor those individuals who risked and same, or one day we will spend our sunset gram, National Senior Cryptologic Course, and sacrificed so much in defense of our great Na- years telling our children and our children’s Executive Development Seminar provided a tion and the ideals for which we stand. children what it was once like in the United sound base for his future achievements. f As one of the National Security Agency’s States where men were free.’’ HONORING MR. PURVIS YOUNG To ensure that the blessing of freedom is (NSA) highest ranking senior leaders, the In- passed from one generation to the next, the formation Assurance Director, Schaeffer is re- members of the CYAC spent time interviewing sponsible for the availability of products, serv- HON. KENDRICK B. MEEK a veteran and documenting the experience for ices, technology and standards for protecting OF FLORIDA the ‘‘Preserving History Project.’’ Today I’m our nation’s critical information systems from IN THE HOUSE OF REPRESENTATIVES adversaries in cyberspace. Prior to holding the proud to submit the brief summaries provided Monday, April 26, 2010 so the patriotic service of our dedicated vet- position of one of the nation’s leading defend- erans and the thoughtful work of the CYAC ers against cyber attacks, Schaeffer was Chief Mr. MEEK of Florida. Madam Speaker, I rise may be preserved for antiquity in the CON- of the National Security Operations Center, to pay tribute to the late Mr. Purvis Young, GRESSIONAL RECORD. A copy of each sub- which manages the U.S. Cryptological Sys- one of South Florida’s most storied artists. He mitted student summary follows. tem, serving as the command-and-control cen- transformed a troubled life with brush strokes, To each member of the Congressional ter for crisis response. His other major assign- painting the joys and sorrows of his people on Youth Advisory Council, thank you for making ments have included Information Assurance objects discarded in his Overtown neighbor- this year and this group a success. It is not a Deputy Director, NSA Deputy Chief of Staff, hood. Because of his great talent, he received coincidence that this congressional tribute and Director, Infrastructure and Information international recognition. celebrates two generations of service. Each of Assurance. Prior to his work with NSA, Born February 2, 1943 in Miami’s Liberty you is trusted with the precious gift of free- Schaeffer served in the United States Marine City to Vera Mae Wright, Mr. Young learned dom. Corps, including two tours in Vietnam. the art of drawing as a young boy watching You are the voices of the future and I salute For his renowned work with the Federal his maternal Uncle Irving who was a figurative you. God bless you and God bless America. Government, Schaeffer earned numerous artist. He picked up his first paintbrush at the The summary follows: awards including Armed Forces Communica- age of 20. Mr. Young attended school up to I had the honor to sit down with Sergeant tions and Electronic Association Meritorious the 8th grade during which time he swam at Goins, a member of the United States Army, Service Award; the Presidential Rank Award; Dixie Park (now called Gibson Park) and he

VerDate Mar 15 2010 13:49 May 31, 2013 Jkt 089102 PO 00000 Frm 00011 Fmt 0689 Sfmt 9920 E:\BR10\E26AP0.000 E26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 26, 2010 EXTENSIONS OF REMARKS, Vol. 156, Pt. 5 6323 was invited to paint a mural on the Overtown join me in recognizing the extraordinary life COMPREHENSIVE IRAN SANC- Library, adjacent to the pool. With the guid- and accomplishments of Dr. Purvis Young. I TIONS, ACCOUNTABILITY, AND ance of two of Miami-Dade Public Library Sys- am honored to pay tribute to Mr. Young for his DIVESTMENT ACT OF 2009 tem’s finest, Barbara Young (Librarian Curator invaluable services and tireless dedication to of the Permanent Collection, Art Services and the South Florida arts community. Mr. Young’s HON. JOE BACA Exhibitions Programs) and Margarita Cano life was a triumph and he will be missed by all OF CALIFORNIA (Administrator of Community Relations), Mr. who knew him. I appreciate this opportunity to IN THE HOUSE OF REPRESENTATIVES Young buried himself amongst the books, hun- pay tribute to him before the United States gry for knowledge that could explain the world House of Representatives. Monday, April 26, 2010 to him. f Mr. BACA. Madam Speaker, I rise to sup- For the first 50 years of his life, Mr. Young port the passage of the Comprehensive Iran remained within the county lines of Miami. It HONORING THE STATE CHAMPION Sanctions, Accountability and Divestment Act. was not until his 6th decade that he traveled BOLIVAR CENTRAL HIGH SCHOOL The Government of the Islamic Republic of to other states and cities and learned that he BOYS BASKETBALL TEAM Iran, if allowed on its present course, is well was famous, a fact he missed while art deal- on its way to obtaining nuclear capability. Ex- ers encouraged him to seclude himself in his HON. MARSHA BLACKBURN perts say it could be in the possession of a studio. A self-taught artist, Mr. Young enjoyed OF TENNESSEE nuclear weapon in less than a year. telling the story of how he turned his life IN THE HOUSE OF REPRESENTATIVES Since 1995, several U.S. regulations have around in the mid-1960s by painting vibrant Monday, April 26, 2010 been enacted to pressure Iran’s economy, cur- murals and conceptualizing mixed-media ex- tail its nuclear advancement and curb the gov- Mrs. BLACKBURN. Madam Speaker, I ask pressionist works. He said he found his calling ernment’s support for jihadist militant groups. my colleagues to join me today in congratu- after serving a prison term for breaking and They have not been adhered to; no firms have lating the Bolivar Central High School boy’s entering when an angel told him, ‘‘This is not yet been sanctioned. basketball team for winning the 2010 Class your life.’’ This legislation will pressure persons vio- AA State Championship. Mr. Young completed most of his work at lating Iran Sanction acts and other accom- Less than a year removed from the state night and created exquisite, thoughtful art from plices of the National Guard in pursuing ura- semifinals, Bolivar Central High School faced garbage he plucked off the streets of nium enrichment and oppressing religious and Overtown. Environmentally conscious and un- off against their league rivals at Middle Ten- human rights. nessee State University on March 20, 2010 for willing to contribute to further deforestation, Nuclear terrorism is one of the greatest Mr. Young’s ‘‘canvases’’ were made of recy- the State championship. After hundreds of threats to American security. Safeguarding nu- cled products including found wood, discarded hours of practice and hard work the Tigers clear materials from terrorists is absolutely crit- library books, old political posters, used fur- were rewarded as they secured the school’s ical to international peace and stability. niture and various surplus items from con- third Class AA state championship in a 72–62 This legislation provides the much needed struction sites. He painted with latex, acrylic, win over Liberty. teeth and Presidential authority necessary to enamel, and combinations of new paint blend- This recognition reflects a dedication to deter this regime’s nuclear intentions. Timing ed with old paint that he had for 25 years or practice, their teammates and their unrelenting is crucial, for this reason it must be passed more. His work was famous for intensely col- commitment to excellence. The team building today. ored urban landscapes, drawings and mixed- skills acquired by working together through the media constructions. highs and lows of the season will benefit these f Today, Mr. Young’s work is in more than 60 young men for a lifetime of success. THE FUTURE OF TAIWAN public collections and numerous private Madam Speaker, please join me in thanking ones—in 2006 alone he had six exhibitions. the parents, Coach Rick Rudesill, faculty of His work hangs in The Bass Museum of Art Bolivar Central High School and again con- HON. DAN BURTON (Miami); American Folk Art Museum (New gratulating the members of the 2010 State OF INDIANA York); The Corcoran Gallery of Art (Wash- Championship team. I am sure this is not the IN THE HOUSE OF REPRESENTATIVES ington, D.C.); High Museum of Art (Atlanta): last we will hear from this talented group of Monday, April 26, 2010 Lowe Art Museum (University of Miami); Mu- young men. Mr. BURTON of Indiana. Madam Speaker, I seum of Fine Arts (Houston); New Orleans f rise today to share with my colleagues a re- Museum of Art; Philadelphia Museum of Art; cent speech by the President of the Republic the Smithsonian American Art Museum among RECOGNIZING THE 150TH ANNIVER- of China, ROC, Taiwan, discussing his coun- many. On December 24, 2006, the Sun-Senti- SARY OF ST. MARY’S ACADEMY try’s future. I have been a longtime supporter nel’s Emma Trelles named the Boca Raton of Taiwan and hope that my colleagues and I Museum of Art’s Purvis Young exhibition #1 in HON. TOM McCLINTOCK will continue to improve relations not only be- the art category for the year in South Florida. OF CALIFORNIA tween the United States and Taiwan but be- Several of his works are part of the permanent IN THE HOUSE OF REPRESENTATIVES tween Taiwan and the international commu- collection of the Smithsonian American Art Monday, April 26, 2010 Museum. nity. All Americans should be proud that Tai- ‘‘Purvis was one of the great geniuses of Mr. MCCLINTOCK. Madam Speaker, I rise wan and the United States have enjoyed a American art, a remarkable figure,’’ said Jac- today to recognize the 150th anniversary of strong and durable relationship. Taiwan is one quelyn Serwer, chief curator of the St. Mary’s Academy in Grass Valley, Cali- of our largest trading partners and the cultural Smithsonian’s National Museum of African fornia. Since its first day, St. Mary’s has pro- exchanges between our two peoples are as vi- American History and Culture, which breaks vided outstanding educational opportunities to brant as they have ever been. Taiwan has ground in 2012. ‘‘He wasn’t particularly nur- the children of Nevada County. stood shoulder to shoulder with the United tured, yet was driven to do this work. He was The Academy was founded in 1859 by Fa- States to combat the scourge of global ter- just one of those people who was born with ther Thomas J. Dalton, Pastor of St. Patrick rorism; and the people of Taiwan have always this extraordinary vision and stayed true to it, Parish in Grass Valley as a school for the given generously in our greatest times of need producing work that had a kind of mythical growing Nevada County area. The Academy with monetary contributions to the Twin Tow- quality to it.’’ has served as an orphanage, a finishing ers Fund, Pentagon Memorial Fund and Mr. Young is survived by his long-time com- school for girls, a high school, and a grade through the offer of humanitarian assistance to panion, Eddie Mae Lovest, four daughters, school. Today the school offers kindergarten victims of Hurricane Katrina. Taiwan and the Kenyatta, Kentranice, Taketha and Elisha, and through eighth grade education. United States are not merely allies; we are 13 grandchildren. In addition, he is survived by As our community gathers to celebrate this friends and partners in the truest sense of the two sisters, Betty Rodriguez and Shirley Byrd, auspicious occasion, I am proud to recognize words. and a brother, Irvin Byrd. 150 years of service and excellence and thank Recently, President Ma Ying-jeou of the Madam Speaker, I ask you and all the those who have worked to keep the Academy ROC, Taiwan, took part in a video conference members of this esteemed legislative body to open and thriving. with the Fairbank Center for Chinese Studies

VerDate Mar 15 2010 13:49 May 31, 2013 Jkt 089102 PO 00000 Frm 00012 Fmt 0689 Sfmt 9920 E:\BR10\E26AP0.000 E26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 6324 EXTENSIONS OF REMARKS, Vol. 156, Pt. 5 April 26, 2010 at Harvard University to discuss Taiwan’s vi- that it has achieved those goals to a consid- the people.’’ The truth of the matter, ECFA sion for the future. I ask unanimous consent to erable degree. However, I believe a society will spearhead Taiwan’s return to the accel- include a copy of President Ma Ying-jeou’s that is truly modernizing should not be lim- erated track for economic integration in ited to wealth and power but must also in- Asia-Pacific and beyond. This without a speech into the CONGRESSIONAL RECORD. And clude the foundations for freedom and de- doubt will strengthen Taiwan’s capabilities I urge my colleagues to read the remarks be- mocracy. to enhance its competitive edge in the global cause whatever the future holds of Taiwan, I For it is only through the active participa- market and brighten its outlook for negoti- believe that the people of Taiwan deserve to tion and free choice of one’s citizens that ating similar arrangements with other coun- have a voice in shaping that future. government truly serves the welfare of the tries. people; only then can a government sustain, THE QUEST FOR MODERNITY—SPEECH BY MA IV. CROSS-STRAIT RAPPROCHEMENT AND and a nation thrive. So I am proud to say YING-JEOU, PRESIDENT, REPUBLIC OF CHINA FLEXIBLE DIPLOMACY that the Republic of China on Taiwan has in AT FAIRBANK CENTER, HARVARD UNIVER- In the pursuit of power my administration fact achieved all these three pillars. The SITY—APRIL 6, 2010 is not merely seeking military strength but ROC has since become a thriving nation with President Ma Ying-jeou took part this more importantly to build up our soft power. a robust economy, viable military and a In fact, the heart of my foreign policy is to morning in a video conference with the truly open and vibrant democracy. With so Fairbank Center for Chinese Studies at Har- reestablish mutual trust with all our major much already achieved the roadmap of my international partners, especially the United vard University. The conference was mod- administration is quite straightforward: erated by Dr. William Kirby, Director of the States. In achieving this goal, my adminis- namely to strengthen the foundation of tration has worked incessantly to transform Fairbank Center. Harvard University presi- these three pillars so as to safeguard the fu- dent Drew G. Faust opened the conference the Taiwan Straits from a major flashpoint ture of Taiwan’s posterity, and to share with into a conduit for regional peace and pros- with a videotaped talk in which she wel- mainland China our values and way of life. comed President Ma to the video conference. perity. Therefore, in order to resume con- III. COMING OUT OF RECESSION After the moderator’s opening remarks, structive dialogue with the mainland after a President Ma followed with a speech entitled My administration came into office two hiatus of over a decade, we first announced ‘‘The Quest for Modernity.’’ Thereafter, pro- years ago in the midst of a global economic in 2008 the policy of ‘‘No Unification, No fessors Steven M. Goldstein, David Der-Wei crisis, so it’s not an exaggeration that we Independence, No Use of Force’’ so as to Wang, William P. Alford each posed a few definitely ‘‘hit the ground running.’’ Since maintain the status quo across the Taiwan questions to the president. This was followed then we have worked relentlessly to revi- Strait under the framework of the Republic by a Q&A session in which the president talize Taiwan’s economy. By taking meas- of China’s 1946 Constitution, This break- fielded questions from members of the audi- ures such as guaranteeing 100% bank depos- through was further advanced under the ence. As the conference was drawing to a its, substantially lowering interest rate in framework of the 92 Consensus of ‘‘one close, President Ma gave a short closing seven instances, investing 16 billion US dol- China, respective interpretations’’ that was statement. lars in domestic infrastructure in 5 years, reached by the two sides in November 1992. Prof. Kirby, Prof. Goldstein, Prof. Alford, distributing 2.7 billion U.S. dollars worth of That is now deemed a feasible formula by Prof. Wang, Prof. Su Chi, Ambassador Yuan, shopping vouchers, and providing emergency government leaders across the Taiwan Strait Director General Hung, Dear faculty mem- assistance for the underprivileged, my ad- as well as many in the wider world commu- bers, students, distinguished guests, ladies ministration has successfully brought the nity. We have also adopted a policy of Flexi- and gentlemen: Good Evening! economy out of the downturn after a year ble Diplomacy and pursued a diplomatic and a half. Now we expect to create about a truce with the mainland, which has by and I. NOSTALGIA ABOUT HARVARD quarter of a million jobs to bring the unem- large ended the vicious cycle of diplomatic It heartens me to be once again addressing ployment rate below 5% and GDP growth up warfare between the two sides. This will as- the excellent faculty and student body of to 4.72% this year. Job creation will remain suredly foster responsible stakeholdership in Harvard University. This moment brings our top priority, especially those in the both Taiwan as well as the mainland. At the back a rush of nostalgia because it was here green energy sector. With carbon reduction same time, we are working equally hard to I became a proud father for the first time be- in mind, we are now ambitiously promoting enhance Taiwan’s meaningful participation fore I even got my doctoral degree. It was innovation across all of Taiwan’s most com- in and contribution to the international also at Harvard when I was cloistered for petitive sectors. These include the country’s community. This will be achieved through long hours in the Law School Library, or de- traditional strongholds such as IT, agri- our strong initiative to develop Taiwan’s bating with fellow classmates and professors, culture, and healthcare as well as other green technology and healthcare industries that I was able to broaden my understanding emerging industries like green energy, in conjunction with our foreign aid policies. of the world, and hone my skills as a scholar, biotech, tourism and the cultural creative For example, under the Flagship Program intellectual and eventually a leader. I also industries. However, the growing trend to- for Green Energy Industry, we will be build- feel nostalgic on a deeper level. When I think wards regional integration among economic ing up Taiwan’s industrial base in green of a long litany of historic events, figures, powerhouses in East Asia, like Japan, main- technology especially in Photo voltaic solar and institutions: John Hay’s Open-Door Pol- land China, South Korea and the ASEAN cells and LED. This will not only benefit our icy, Boxer Rebellion, American Indemnity countries, is threatening to marginalize Tai- people and economy, but more importantly, Scholarships for China, with all its recipi- wan’s heavily export-driven economy. As Taiwan will be able to share its resources ents, like Hu Shih and Chien Shih-Liang, such, my administration has been seeking to and expertise with our allies and friends. On Tsinghua University, Yenching University, institutionalize economic relations with my visit to our Pacific island allies last May Fourth Movement, Flying Tigers, Pearl mainland China and diversify our export month, I was proud to survey firsthand the Harbor, John Leighton Stuart, 1949, Korean markets and products so that Taiwan will work that Taiwan has done for some of the War, United States-Republic of China Mu- not only avoid being cut off from the global countries in the area. For example, Taiwan tual Defense Treaty, Fairbank Center, the economy but also enhance its international has installed and provided solar energy tech- Quemoy and Matsu Crisis, Cultural Revolu- competitiveness. Therefore, we have been nology to the Solomon Islands in hopes of ´ tion, Shanghai Communique, Taiwan Rela- pushing hard for an Economic Cooperation improving the environment and livelihoods tions Act, mainland China’s Reform and Framework Agreement (ECFA) with the of their people. Taiwan has also set up an Open Policy, U.S. arms sales to Taiwan and mainland that will serve as a critical struc- impressive medical mission in the Marshall so on, I cannot help but think of the far- tural platform for economic interaction be- Islands to treat the high prevalence of cata- reaching impact that America has had on tween the two sides. On top of intellectual racts sufferers. In fact, our government will China’s, and later on Taiwan’s, convoluted property rights protection and investment boost the overall effectiveness of our medical path to modernization. I cannot help but guarantee, the framework will include an aid by initiating many more medical and think my time at Harvard was not only a early harvest package of goods and services public health missions that will target spe- personal academic journey, but also a micro- to enjoy zero custom tariffs. The negotia- cific conditions and diseases common among cosm reflecting a people’s long search for a tions are already underway and expect to the people of the Pacific island allies and modern nation. conclude in the next few months. We have friends. At the same time, after Taiwan ef- II. WEALTH, POWER AND DEMOCRACY also established government programs that fectively controlled the spread of the H1N1 The late venerable Benjamin Schwartz, will cushion potential shocks to industries Flu within our own borders, with a mortality who as you know had been a prominent and workers, especially small- and medium- rate of 2 deaths per million, which is only 1/ member of the Fairbank Center, described in sized enterprises. Although some assert that 3 of the average for OECD countries, I am the life of Yen Fu that the evolution of mod- signing the ECFA with mainland China will proud to report that Taiwan will also be giv- ern China has been a journey in search of compromise our sovereignty, this is defi- ing away locally manufactured vaccines wealth and power. Given the rise of mainland nitely not the case. The top priority of my worth 5 million US dollars to other countries China’s economic power and military administration has always been the principle in need. Taiwan’s search and rescue teams strength over the last thirty years, it seems of ‘‘putting Taiwan first for the benefit of were also one of the first on the scenes when

VerDate Mar 15 2010 13:49 May 31, 2013 Jkt 089102 PO 00000 Frm 00013 Fmt 0689 Sfmt 0634 E:\BR10\E26AP0.000 E26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 26, 2010 EXTENSIONS OF REMARKS, Vol. 156, Pt. 5 6325 Haiti was hit by a devastating earthquake atives on the mainland, in 1996 when people against the global crises that threatens all earlier this year. In addition to donating $16 on Taiwan directly elected its president for that we hold dear, whether climate change, million worth in aid and funds, our govern- the first time, and in 2000 and 2008 when the the global economic downturn, the risk of ment is also planning to set up medical and presidential elections further consolidated pandemics, or the wars that endanger the vocational training centers to train for hun- Taiwan’s democracy through two rotations peace of our world. In the end, we are the dreds of medical and skilled workers, and of power between political parties, the pas- only ones that can overcome the challenges build 1,200 housing units. Also, as a sign of sage of these 100 years has irrevocably trans- we face. And in such an important partner- Taiwan’s flourishing civil society, World Vi- formed the foundations of a political culture. ship, I am confident Taiwan will be there to sion Taiwan has collected countless small Distinguished faculty members and students, live up to its responsibilities. donations from our people that will be suffi- ladies and gentlemen, as the elected presi- f cient to feed and save more than 8,000 home- dent of the Republic of China, I will continue less Haitian children and orphans. However, to strive toward forging Taiwan into an ex- THE CONGRESSIONAL YOUTH AD- my administration realizes humanitarian re- emplary democracy; one that will be a VISORY COUNCIL: A LEGACY OF lief is only a small part of the long and chal- source of inspiration and emulation for gen- SERVICE lenging road to full recovery. This is why we erations to come. hope to continue the work we have started in Thank you. integrating the advances we make in Dear distinguished faculty, students and HON. SAM JOHNSON healthcare and green technology into our friends; it is my great pleasure to hold this OF TEXAS foreign aid framework, so that Taiwan can teleconference with you. Your questions and IN THE HOUSE OF REPRESENTATIVES truly make a meaningful difference in the comments are very good, and some are very countries we help. tough to answer, but in thinking and answer- Monday, April 26, 2010 V. THE UNIVERSAL VALUE OF FREEDOM AND ing these questions you force me to think Mr. SAM JOHNSON of Texas. Madam DEMOCRACY deeper and strive harder on the challenges Speaker, I ask my fellow colleagues to join me However, coming back full circle, the that confront the road ahead. search for a modern nation cannot merely lie Although today’s conference is near an in congratulating the 2009–2010 Congres- upon the pillars of wealth and power. It is end, I am heartened by the thought that our sional Youth Advisory Council. This year 45 only under a true democracy that one’s citi- friendship will continue to grow as there is students from public, private, and home zens can live without fear according to the still so much we need to do, together. The schools in grades 9 through 12 made their law, and share in the burdens as well as ben- international system that the US forged out voices heard and made a difference in their efits of good governance. Although Taiwan of the devastation of World War II 65 years communities, their country and their Congress. has made impressive sociopolitical progress ago has today become the enduring founda- These students volunteered their time, effort, over the last decades, it is still a young de- tion of our global village. Being rule-based mocracy. So, as firm champions for democ- and sufficiently flexible, this system encour- and talent to inform me about the important racy, my administration will work to ages positive-sum international cooperation issues facing their generation. As young lead- strengthen the democratic infrastructure of rather than zero-sum inter-state conflict. ers within their communities and their schools, my country. Already we are taking tangible Hence, it changed the underlying dynamics these students boldly represent the promise steps to enhance Taiwan’s rule of law and of the world order that made it possible for and the hope we all have for their very bright protection of human rights in conformity countries, big or small, to prosper together. future. with international standards. In the past As a matter of fact, my idea to seek rap- President Ronald Reagan said, ‘‘Freedom is year, we have ratified the International Cov- prochement with the mainland find some never more than one generation away from enant on Civil and Political Rights (ICCPR) similarities with the ideas espoused by the and the International Covenant on Eco- American leaders in having soft talks with extinction. We didn’t pass it to our children in nomic, Social and Cultural Rights (ICESCR), the Soviet Union and to have de´tente. In the bloodstream. It must be fought for, pro- both administered by the United Nations. In other words, to replace confrontation with tected, and handed on for them to do the converting these covenants into domestic negotiations; to solve international disputes same, or one day we will spend our sunset law, they will certainly strengthen the through peaceful means. It is this very sys- years telling our children and our children’s human rights of our citizenry and further tem that has interlocked the world into a children what it was once like in the United consolidate our rule of law. Furthermore, I community of thriving interdependence, giv- States where men were free.’’ came to power on the promise of combating ing rise to the possibility where foes can To ensure that the blessing of freedom is corruption in elections and government, turn into friends, where every country can whereby we have already made meaningful be a winner and every contribution become passed from one generation to the next, the progress. Without a doubt this goal will con- part of a greater picture. members of the CYAC spent time interviewing tinue to be a cornerstone of my presidency, This is also the system from which I draw a veteran and documenting the experience for which I am determined to carry through in my inspiration to lead my country, particu- the ‘‘Preserving History Project.’’ Today I’m my capacity as the President of the country. larly in dealing with the mainland. In taking proud to submit the brief summaries provided I will assuredly not waver from the path in a responsible stake in the world, and in seek- so the patriotic service of our dedicated vet- laying the foundations of a true democracy. ing rapprochement with the Chinese main- erans and the thoughtful work of the CYAC In fact, next year in 2011 will be the Centen- land, my administration has committed the may be preserved for antiquity in the CON- nial Anniversary of the Republic of China. Republic of China on Taiwan to becoming a GRESSIONAL ECORD Against the background of thousands of dependable and valuable contributor to this R . A copy of each sub- years of Chinese history, the last century international system. In my visit abroad last mitted student summary follows. was in some ways merely a comma. But from month, I kept saying to our friends or to the To each member of the Congressional a larger perspective, it was nothing short of overseas Taiwanese and to members of my Youth Advisory Council, thank you for making an exclamation mark, as it has been 100 delegations, that what I tried to do as far as this year and this group a success. It is not a years of struggle; 100 years of experimen- my country’s foreign relations is concerned coincidence that this congressional tribute tation and 100 years of education before a is to make Taiwan a respectable member of celebrates two generations of service. Each of people learned that they too have the un- the international community. I want every you is trusted with the precious gift of free- equivocal rights to life, liberty and the pur- Taiwanese when they walk in the streets of suit of happiness. This nation-building proc- New York, of Paris, of Sydney, of Beijing dom. ess undoubtedly was achieved through the that they are respected. People will say they You are the voices of the future and I salute collective efforts of countless dedicated indi- are from Taiwan, and that Taiwan is a re- you. God bless you and God bless America. viduals who traversed between tradition and spectful country in the world. Some in my For the Preserving History project, I inter- modernity that helped bridge the East to the domestic audience may disagree with me, viewed my World Geography teacher, Coach West so many years ago. Inevitably, this but I firmly believe that this is the right Baley. Ryan Patrick Baley served in the US. made it possible for a people to aspire to the path for Taiwan to avoid being marginalized Army as an E4 Specialist in the Infantry. He same democratic values as you cherish. from the forward march of the rest of the was gunner for a Bradley crew and also a From the chaos arising out of the turn of the world. However, we will not merely con- driver for a first Sergeant. Baley also guard- 20th century, to the founding of the first re- centrate on our own interests but equally ed the DM2 in South Korea. He accomplished public in Asia in 1912 and its evolution for- apply our resources in hopes of having a his patriotic duty for our country. From this ward in 1949 when the Republic of China Gov- positive impact on the world community. In interview, I gained more of an appreciation ernment moved to Taiwan, in 1987 when Tai- fact, under this system that the United towards those who serve and risk their lives wan lifted martial law, launched its demo- States started over half a century ago, we, as for our country. This experience allowed me cratic transformation, and subsequently al- a whole, ought to be able to right what has to realize that the soldiers that perform lowed Taiwan residents to visit their rel- gone wrong; to unite as one humanity their duty have dedicated so much, so that

VerDate Mar 15 2010 13:49 May 31, 2013 Jkt 089102 PO 00000 Frm 00014 Fmt 0689 Sfmt 0634 E:\BR10\E26AP0.000 E26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 6326 EXTENSIONS OF REMARKS, Vol. 156, Pt. 5 April 26, 2010 our nation is ensured protection as well as I encourage my colleagues to consider and These accomplishments of the congrega- having the principles we as citizens believe support this legislation. tion’s ‘‘Social Gospel’’ mission are important in set forward and fought for. Baley believes aspects of Dr. Carter’s vision—but they are far that, ‘‘the U.S. military organization is the f from the end. Already underway are plans for greatest organization and only two have died DR. HAROLD A. CARTER, SR.: A for others: Jesus and the soldiers of the technical training for the community, a Com- U.S.A.’’ Hence, there is no other army in the LEGACY OF PRINCIPLE AND FAITH puter Center, a Senior Center and Senior world that resembles the U.S. Army; every- Housing. one who serves this patriotic duty deserves a HON. ELIJAH E. CUMMINGS Madam Speaker, it is more appropriate, great amount of appreciation from every OF MARYLAND under our constitutional system, for me to United States citizen for each individual IN THE HOUSE OF REPRESENTATIVES leave it to others to commend Dr. Carter for strength put forward for our country, the the other wonderful ministers whom he has United States of America.—Ginu Scaria. Monday, April 26, 2010 trained—including my own minister, Bishop f Mr. CUMMINGS. Madam Speaker, I rise to Walter S. Thomas, Sr. INTRODUCTION OF THE RADIATION honor a great American and true leader—Dr. Others are better qualified than I to attest to EXPOSURE COMPENSATION ACT Harold A. Carter, Sr. the lasting importance of Dr. Carter’s spiritual AMENDMENT OF 2010 His is a vision and a mission—grounded in writings. the Civil Rights Movement of the 1960s—that However, I have been honored to serve as HON. BEN RAY LUJA´ N has compelling importance for our Nation a spokesman for the Congressional Black Caucus to our nation’s faith communities— OF NEW MEXICO today. and, in that duty, I have gained a thorough un- IN THE HOUSE OF REPRESENTATIVES More than a half-century ago, when Dr. Car- ter was still a young man in Selma, Alabama, derstanding of ‘‘faith-based initiatives’’ that are Monday, April 26, 2010 Dr. Ralph Abernathy and, then, Dr. Martin Lu- working. ´ Mr. LUJAN. Madam Speaker, I am proud to ther King, Jr., both offered Harold Carter his A part of what my teacher and friend, Dr. introduce the Radiation Exposure Compensa- first opportunities to speak to their congrega- Harold A. Carter, Sr., has taught me is that tion Act Amendment of 2010. More than 50 tions as a newly ordained minister. the inspiration for ‘‘faith-based’’ programs that years ago, Americans throughout the South- ‘‘I was a young college student and they work cannot be found in a strategy to transfer west took jobs mining and refining raw ura- wanted to give me a boost from the begin- public responsibility for greater social equity to nium. These individuals, looking to provide for ning,’’ Dr. Carter observed in a 2005 article the faith centers of our country. Rather, that motivating force must first arise their families and creating a stable future for written by Mr. Sean Yoes of the Baltimore from the hearts and minds of people of faith their children, are an important part of the his- AFRO American. tory of the 20th Century and the Cold War. Madam Speaker, it was a strong, inspiring themselves. This, I submit, is why Dr. Harold A. Carter, Unfortunately, they were unknowingly endan- and enduring ‘‘boost,’’ indeed. This same vi- Sr., should stand as an example for all of our gering their own lives by working in poorly sionary foundation has inspired Dr. Carter citizenry—whatever our respective faith tradi- ventilated mine shafts with little to no protec- throughout his ministry—both in the mission to tive equipment. After they left work, they re- tions may be. proclaim the Gospel to which he had been This, I believe, is what Dr. Carter means turned home to their families where their called and in the ‘‘Social Gospel’’ work of his clothes, covered in yellow cake uranium, were when he speaks of how our local communities faith. must undertake greater responsibility for them- washed along with that of their loved ones. This year, Dr. Carter celebrates 45 years as Sadly, the pursuit of the American Dream selves and their neighbors—and how they the principal shepherd of Baltimore’s New Shi- ended with tragedy for many of the miners ex- must equip themselves for opportunity. loh Baptist Church. posed to uranium. Many of them fell ill from Unlike other ‘‘mega-churches’’ that have left In his own words, he is above all ‘‘a God the radiation they were exposed to at work in the inner cities of our Nation, New Shiloh Bap- man,’’ the primary trustee of his congrega- the mines. Some people who had never tist Church has followed Dr. Carter’s vision for tion’s spiritual life. stepped foot in a mine fell victim to the same his congregation. Yet, at a time when our urban areas are in illnesses due to wind patterns that carried this It has constructed its foundation on an un- danger of crumbling under the stress of dec- dangerous source of energy. As these Ameri- wavering commitment to the people of our cans mined for a resource vital to the Nation’s ades of disinvestment, Dr. Carter and his New urban community. security, too many of them made the ultimate Shiloh Congregation also offer the people of As we in government seek to construct a sacrifice. Baltimore both hope and a concrete plan for new and more comprehensive ‘‘national urban This Congress now has the opportunity to social and economic renewal. policy,’’ we would do well to take note. right this wrong. By extending the Radiation A past leader of Baltimore’s chapter of the Dr. Carter and his congregation have in- Exposure Compensation Act to Americans ex- Southern Christian Leadership Conference vested millions of dollars in the New Shiloh posed to radioactive uranium by wind patterns and the local chapter of the Poor People’s Village and surrounding community. or after the current cutoff in 1971 or those with Campaign, Dr. Carter has readily acknowl- ‘‘This is where the people are, and this is newly recognized conditions, we can finally edged Dr. King’s influence upon his vision for where the need is,’’ he has observed. ‘‘The come to terms with the dark legacy of Amer- community renewal as an integral element of wave of Maryland’s future development—and ica’s nuclear policy. Too many RECA claims his New Shiloh ministry. the nation’s—lies in the [inner] cities.’’ by my constituents in New Mexico as well as ‘‘I learned from him that we have to take re- Madam Speaker, for all of these reasons, I by those throughout the Southwest and in sponsibility for our condition, whatever that have come before you and this House today Guam are denied by the government because might be,’’ Dr. Carter once observed. ‘‘People to commend to our Nation’s attention the vi- they lacked documentation from decades be- in power do not concede anything to others sion, wisdom and mission of an inspired man. fore. This legislation makes it easier for people freely, so we have to equip ourselves and do During his decades of service, Dr. Harold A. to access the compensation they deserve. for ourselves based on the principles of un- Carter, Sr., has earned our Nation’s praise for The Americans who worked in uranium conditional love.’’ a lasting legacy of principle and faith. mines were serving our Nation every day, but Aided by the strength and talents of his His is a vision that all Americans would do were unaware of the extreme danger they wonderful wife, the late Dr. Weptanomah Car- well to pay heed. were in. It is time to recognize these heroes ter, his son and co-Pastor, Dr. Harold A. Car- f of the Cold War and provide them with fair ter, Jr., and a dedicated congregation that has ZANE ERIC CLARK and equitable compensation for their suffering. grown to number in the thousands, New Shi- We can never fully compensate these Ameri- loh is, indeed, equipping its community to HON. SAM GRAVES cans for what they have lost—there is no com- move forward on empowering principles. OF MISSOURI pensation for the loss of a loved one. More Every day, people from the neighborhood IN THE HOUSE OF REPRESENTATIVES than 50 years later, too many of these Ameri- can find inspiration and opportunity in its cans are no longer with us. We have ignored beautiful church and Family Life Center, its Monday, April 26, 2010 their plight for too long. It is time to correct this School of Music, Theological Center, Child Mr. GRAVES. Madam Speaker, I proudly long overdue wrong for those still with us. Development Center and other facilities. pause to recognize Zane Eric Clark. Zane is a

VerDate Mar 15 2010 13:49 May 31, 2013 Jkt 089102 PO 00000 Frm 00015 Fmt 0689 Sfmt 9920 E:\BR10\E26AP0.000 E26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 26, 2010 EXTENSIONS OF REMARKS, Vol. 156, Pt. 5 6327 very special young man who has exemplified Magruder, Selena Kuo, Sherry Zhao, Tiffany industry, particularly in the great State of Mis- the finest qualities of citizenship and leader- Dayton, Tina Cai and Xandy Peterson. sissippi. May he have many joyous days to ship by taking an active part in the Boy Scouts f pursue his personal hobbies and interests! of America, Troop 87, and earning the most f prestigious award of Eagle Scout. TRIBUTE TO MR. ROLAND KELL COMMEMORATING THE 95TH ANNI- Zane has been very active with his troop, ON THE OCCASION OF HIS RE- VERSARY OF THE ARMENIAN participating in many scout activities. Over the TIREMENT AS GENERAL MAN- GENOCIDE decade that Zane has been involved with AGER OF CHEVRON’S PASCA- scouting, he has not only earned numerous GOULA REFINERY merit badges, but also the respect of his fam- HON. JERRY F. COSTELLO ily, peers, and community. Most notably, Zane HON. GENE TAYLOR OF ILLINOIS has contributed to his community through his OF MISSISSIPPI IN THE HOUSE OF REPRESENTATIVES Eagle Scout project. Zane organized and con- IN THE HOUSE OF REPRESENTATIVES Monday, April 26, 2010 structed picnic tables and laid down land- Monday, April 26, 2010 Mr. COSTELLO. Madam Speaker, yester- scaping tiles for the playground area of First Mr. TAYLOR. Madam Speaker, today I day I had the distinct pleasure of attending a Baptist Church of Cameron, Missouri. would like to pay tribute to Mr. Roland Kell on memorial service at St. Gregory the Illuminator Madam Speaker, I proudly ask you to join his retirement with thirty-eight years of service Church in Granite City, Illinois, to commemo- me in commending Zane Eric Clark for his ac- within the oil industry and to his ongoing sup- rate the 95th Anniversary of the Armenian complishments with the Boy Scouts of Amer- port of the State of Mississippi. Genocide. It was a very moving event and I ica and for his efforts put forth in achieving the He began his career at Gulf Oil’s Milford want to thank the parishioners at St. Gregory’s highest distinction of Eagle Scout. Haven Refinery in 1972 filling various roles in- for their hospitality, friendship and tremendous f cluding technical services, planning and eco- contributions to our region. I stand with them nomics and operations supervision, transfer- in affirming that the Armenian Genocide was CONGRATULATING CORONA DEL genocide, and I continue to support this formal SOL’S 2010 WE THE PEOPLE TEAM ring in the late 1970s to Gulf Oil’s U.S. oper- ation. recognition by the United States. I have again Roland was then assigned to Pembroke cosponsored legislation, H. Res. 252, that HON. HARRY E. MITCHELL Cracking Company, a partnership between would take this step and I urge House leader- OF ARIZONA Texaco Limited and Gulf Oil (Great Britain) ship to bring it up for consideration this year. IN THE HOUSE OF REPRESENTATIVES Limited, where he supervised various commis- I fully understand the concern that this ac- tion brings with it. Despite the clear historical Monday, April 26, 2010 sioning activities. This assignment was fol- lowed by an appointment as Manager, Oper- record, the general agreement among geno- Mr. MITCHELL. Madam Speaker, I rise ations, Pembroke Cracking Company, prior to cide scholars and the recognition of this event today to recognize the inspiring performance joining Texaco as General Manager, Pem- as genocide by 20 other countries, we con- of Corona del Sol High School in this year’s broke Cracking Company. tinue to be told that our relationship with Tur- national ‘‘We the People’’ competition. I share Roland Kell was appointed to his current po- key will be irrevocably harmed by endorsing the pride from around our Congressional Dis- sition, General Manager, Chevron’s this position. I support and appreciate our rela- trict and the state of Arizona that this impres- Pascagoula Refinery, in July 2002. Before tionship with Turkey, and am certain it will sive and hard-working team hails from our coming to Pascagoula, Roland served as the continue to prosper in the future. Moreover, I community. Vice-President of ChevronTexaco’s Europe believe recognizing the Armenian Genocide After winning the Arizona state title for the and West Africa manufacturing, supply and will allow the delicate relationship between Ar- second year in a row, Corona del Sol’s ‘‘We trading business. From 1997–2001 he was menia and Turkey to grow ultimately stronger. the People’’ team advanced to compete for General Manager of ChevronTexaco’s Pem- I do not advocate taking this action as a the national title in Washington, D.C. In prepa- broke Refinery in Wales. means of discrediting the Turkish people. It is ration for the national event, the Corona team Following the aftermath of Hurricane Katrina simply recognition that this tragic event oc- spent months diligently learning about Amer- in 2005, Chevron under Roland’s leadership curred, and it honors the fate of the 1.5 million ican political institutions, democracy and ex- was recognized as one of the driving forces Armenians who died as well as the great resil- amining the contemporary relevance of the that formed partnerships with the local com- iency of the Armenian people. Our inaction on Constitution and Bill of Rights. As a high munities and State to help ensure successful this matter lets no one move forward, and school government teacher for 28 years, I am recovery paths. While under his direction, sends the message that we will ignore accept- gratified to see students delve deeper and be- Chevron’s Pascagoula Refinery has secured ed truths for political purposes. come passionate about government, citizen- approval and commenced construction of var- Madam Speaker, there will never be a con- ship and public service. ious major expansions that have employed venient time to officially recognize the Arme- Their poise and eloquence in answering the thousands from across the States of Mis- nian Genocide. But there is never a wrong complex questions asked during the national sissippi, Alabama, and Louisiana. time to do the right thing. In this case, the and state competitions demonstrated the In Jackson County, Roland serves on the truth will indeed set us free and allow us to team’s vast knowledge of constitutional prin- board of directors of the Jackson County Eco- grow deeper bonds with Turkey and Armenia, ciples and patience. nomic Development Foundation. He is a mem- together, in the decades ahead. Let us not I am truly privileged to share in the celebra- ber of the Gulf Coast Business Council and wait any longer. tion of such an excellent and driven team. the Mississippi Gulf Coast Community College f Their commitment and perseverance has paid District Workforce Council. On the State level, REGARDING H. RES. 1193, H. RES. off and should serve as an inspiration for all. he serves on the State Workforce Investment 1220, H. RES. 1255, AND H. RES. 1287 I have no doubt that all members of the team Board. He also serves on the Industrial Advi- will continue to make Arizona proud in their fu- sory Board for the University of South Ala- ture endeavors. HON. ZOE LOFGREN bama College of Engineering. OF CALIFORNIA Madam Speaker, I am honored to congratu- Roland graduated from Leeds University, IN THE HOUSE OF REPRESENTATIVES late Corona del Sol’s ‘‘We the People’’ team: UK, in 1972 with an Honours Degree in Achyut Patil, Ajay Raikhelkar, Alex Austin, Chemical Engineering and is a Chartered En- Monday, April 26, 2010 Brittany Duong, Cecilia Yocham, Connor gineer and a Member of the Institute of Chem- Ms. ZOE LOFGREN of California. Madam Rawls, David Choi, Jentry Lanza, Jessica Lin, ical Engineers. Speaker, I rise along with my colleague Con- Joanna Fritsche, Juliana Park, Kevin Thomas, A native of Great Britain, Roland currently gressman BONNER to provide, pursuant to Kibaek Ryu, Louis Spanias, Marlene Garcia- resides in Pascagoula. He has two grown chil- Rule 7(g) of the Rules of the Committee on Neuer, Richa Date, Michael Okada, Nafisah dren and enjoys travelling and meeting people Standards of Official Conduct, a statement of Ahmad, Nikhita Pakki, Rizwan Ahmad, Robert of different cultures. the Chair and Ranking Republican Member re- Wiley, Roopa Krishnaswamy, Sagar I congratulate Roland on his retirement and garding H. Res. 1193, H. Res. 1220, H. Res. Patwardhan, Samantha Pfotenhauer, Sean thank him for his diligent service to the energy 1255, and H. Res. 1287.

VerDate Mar 15 2010 13:49 May 31, 2013 Jkt 089102 PO 00000 Frm 00016 Fmt 0689 Sfmt 9920 E:\BR10\E26AP0.000 E26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 6328 EXTENSIONS OF REMARKS, Vol. 156, Pt. 5 April 26, 2010 The House has referred H. Res. 1193, H. cordingly, the Committee concluded that the bers and staff complied with the current law Res. 1220, H. Res. 1255, and H. Res. 1287 matters of the two other Members should also and House rules. In a unanimous and bipar- to the Committee for its consideration. We ac- be dismissed. tisan manner, the Committee concluded the knowledge the referral of those resolutions. If In reaching its unanimous conclusion, the evidence presently before the Committee mer- adopted, the resolutions would have required Committee relied not only on the findings pro- ited dismissal of all seven matters. The Com- the Committee to report to the House regard- vided by OCE, but its own investigation. Dur- mittee’s action to date does not preclude fu- ing aspects of its investigation ‘‘In the Matter ing the course of its investigation in this mat- ture Committee action related to these matters of Allegations Relating to the Lobbying Activi- ter, the Committee’s staff reviewed close to should new information warranting action be- ties of Paul Magliocchetti and Associates one-quarter of a million pages of documents. come available. Group, Inc. (PMA).’’ Although the resolutions The Committee investigation covered more f were not adopted, we are responding to ex- than 40 companies with ties to PMA. OCE’s pand further upon the Committee’s previous findings included summaries of interviews with HONORING JAMES E. LYNCH AND public statements regarding its investigation in five Members’ offices. The Committee inves- CARLION J. ELDRIDGE this matter. tigation included interviews with 33 Members’ The outside Office of Congressional Ethics, offices. The Committee investigation involved HON. DALE E. KILDEE OCE, after investigation, concluded that mat- interviews with chiefs of staff, military legisla- OF MICHIGAN ters for five Members regarding the PMA mat- tive aides, other Members’ staff, and Appro- IN THE HOUSE OF REPRESENTATIVES ter should be dismissed. After review, the priations Committee staff. In reaching its con- Monday, April 26, 2010 Committee concurred with the outside ethics clusions, the Committee relied on the totality office. The Committee concluded that the mat- of this large magnitude of information. Mr. KILDEE. Madam Speaker, I rise today ters of two other Members should also be dis- As in other investigations, although the to pay tribute to Illustrious Potentate Noble missed because the facts regarding those Committee has discussed in general terms the James E. Lynch and Illustrious Commandress Members’ actions were not different from scope of its investigation, it did not address Daughter Carlion J. Eldridge as they are hon- those of the five Members for whom both the more specific details of various investigative ored at the 2nd Annual Oman Temple/Oman Committee and OCE concluded dismissal was steps taken by the Committee. To do so would Court Unity Ball on Saturday, May 1st in Sagi- appropriate. The Committee’s action to date compromise the investigative capabilities of naw Michigan. does not preclude future Committee action re- the Committee in this and future matters by James E. Lynch Graduated from Sophia lated to these matters should new information chilling voluntary cooperation. Requiring the High School in Sophia, West Virginia in 1966. warranting action become available. disclosure of the details of any investigative He worked for General Motors Buick Motor Di- The Committee publicly released a 305- body’s activities would damage its ability to vision for 39 years as a production worker. page report that discusses the scope of the conduct its activities. Ethics investigations, in Married to the late Crystal Mae Johnson for 34 Committee’s work in the PMA matter, as well particular, rely not only upon subpoenas, but years, they had four children: Dawn, Felicia, as the basis for the Committee’s bipartisan upon voluntary cooperation. Success in such Cassandra and James; and seven grand- and unanimous conclusions. This report is an investigation usually comes because peo- children. James has served as Junior Warden available to the House and the public on the ple connected to the matter choose to cooper- of the John W. Stevenson Lodge Number 56, Committee’s Web site, at http://eth- ate with the investigators and volunteer infor- as a member of the Saginaw Valley Consis- ics.house.gov/. As noted in that report, the mation. In many cases, their decision to co- tory Number 71, and Illustrious Potentate of Committee’s investigation during a nine-month operate is based, in part, on their belief that Oman Temple Number 72 for the year 2010. period included extensive document reviews their identity or the details of their cooperation Carlion J. Eldridge completed Charles Stew- and interviews with numerous witnesses. As a will not be publicly disclosed. art Mott College Nursing Program and cur- result of its own investigation and OCE’s Moreover, disclosing specific investigative rently works at Maplewood Manor in Clio, seven separate reports and findings, the Com- steps taken in the PMA matter could com- Michigan serving the elderly. She is married to mittee—whose Members include equal num- promise any ongoing criminal investigations; James F. Eldridge and their children are: Por- bers of Democrats and Republicans—unani- harm the ability of the Committee to inves- tia, David, Jamille, Isaac, Laetrile, Lakshea, mously determined that the evidence presently tigate any additional allegations of wrongdoing Lovell, and Victor. The Oman Temple Number before the Committee merited dismissal of all in this or related matters; discourage those 72 has bestowed the title of Illustrious seven matters. who might bring credible allegations to the Commandress Daughter on her for this year. The information reviewed by the Committee Committee in the future from doing so; and Madam Speaker, I ask the House of Rep- included statements from all seven Members. chill the voluntary cooperation of those called resentatives to rise with me and applaud the Summaries of interviews with five Members before the Committee in various investiga- charity, enthusiasm and dedication of these were included in OCE’s findings, which the tions. two individuals. I pray their year of service to Committee chose to publish. Since the Com- Prior to the House referral of the resolutions Oman Temple is a tremendous success. mittee agreed with OCE’s recommendation to the Committee, on February 26, 2010, the f that those five matters should be dismissed, Committee unanimously voted to release a the Committee was not required to publish any public report in the PMA matter. By a unani- IN RECOGNITION OF CAPTAIN ROB- statement or OCE’s reports and findings in mous and bipartisan vote, the Committee con- ERT R. O’BRIEN JR., COM- those matters, but did so because of the cluded that, based upon the totality of current MANDER OF THE UNITED unique circumstances of this matter and in the information gathered during a nine-month in- STATES COAST GUARD SECTOR interests of public disclosure and trans- vestigation, no House Member or employee NEW YORK parency. violated provisions of the Code of Official Con- In addition, the Committee sought state- duct or laws, rules, regulations, or other stand- HON. JERROLD NADLER ments from Representatives TIAHRT and VIS- ards of conduct applicable to his or her con- OF NEW YORK CLOSKY to respond specifically to allegations duct in the performance of his or her duties or IN THE HOUSE OF REPRESENTATIVES about their conduct. Both Members provided the discharge of his or her responsibilities re- Monday, April 26, 2010 the Committee with statements through coun- lating to proposed appropriations requests and sel, and the Members certified under penalty activities of PMA. Mr. NADLER of New York. Madam Speaker, of perjury to the truth of those statements. In addition, we note that policy decisions— I rise today to recognize and commend Cap- Both statements are available, in their entirety, whether about the current appropriations proc- tain Robert R. O’Brien Jr., Commander of the in the Committee’s public report. Based in part ess, including earmarks, or about the cam- United States Coast Guard Sector New York, on those statements, the Committee found no paign finance system—are not within the juris- on his 40 years of distinguished service. evidence to conclude that the facts regarding diction of the Committee. Whether these poli- After leaving a Roman Catholic seminary in Representatives TIAHRT and VISCLOSKY dif- cies should be changed is a subject that 1970, Captain O’Brien chose to enlist in the fered substantially from the facts regarding the should be taken up in the appropriate venue. United States Coast Guard. While enlisted, he other five Members—for whom both the Com- The task before the Committee in the PMA served on the USCGC Laurel before joining mittee and OCE recommended dismissal. Ac- matter was to determine whether House Mem- Group Fort Macon as a small boat coxswain.

VerDate Mar 15 2010 13:49 May 31, 2013 Jkt 089102 PO 00000 Frm 00017 Fmt 0689 Sfmt 9920 E:\BR10\E26AP0.000 E26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 26, 2010 EXTENSIONS OF REMARKS, Vol. 156, Pt. 5 6329 In 1976, he was assigned as Officer-in-Charge serving as the Non-Commissioned Officer of 1977, calls for establishment of a sys- of the USCGC Blackberry at Oak Island, North Legislative Affairs. Every day she served in di- tem for a computerized schedule of all Carolina. Upon his promotion to Chief Boat- rect support of not only the Marine Corps Of- meetings and hearings of Senate com- swain’s Mate in 1979, he was transferred to fice of Legislative Affairs but in direct support mittees, subcommittees, joint commit- the largest Aid-to-Navigation Team in the At- of every member of Congress, every Marine tees, and committees of conference. lantic Area as the Officer-in-Charge. In 1980, and every American. Her keen abilities in or- This title requires all such committees he was again promoted to Chief Warrant Offi- ganization, interpersonal relationships, and to notify the Office of the Senate Daily cer as the Commanding Officer of the Aid-to- communication were extremely critical to the Digest—designated by the Rules Com- Navigation Team for the Long Island Sound successful accomplishment of the Marine mittee—of the time, place, and purpose where he worked to ensure the safety of all Corps Office of Legislative Affairs’ mission. of the meetings, when scheduled, and nautical vessels by maintaining the integrity of Her achievements and ability to get the job any cancellations or changes in the the Long Island Sound’s navigation systems. done have been understated but always effec- meetings as they occur. Captain O’Brien received his commission as tive and noteworthy. While serving in the Liai- As an additional procedure along Lieutenant in 1983. In 1999, he was assigned son office, Sergeant Evitts was able to de- with the computerization of this infor- to the Marine Safety Office in Memphis, Ten- velop and execute legislative strategy for the mation, the Office of the Senate Daily nessee as the Commanding Officer. He left for United States Marine Corps that was instru- Digest will prepare this information for Washington, DC in 2002 to serve as the Coast mental in creating a fiscal and policy land- printing in the Extensions of Remarks Guard Liaison to the Navy’s Military Sealift scape conducive to training and equipping the section of the CONGRESSIONAL RECORD Command where he performed a dual role as Nation’s most elite fighting force, ensuring on Monday and Wednesday of each direct representative of the NMSC and staff their success on the battlefield. She routinely week. member of G–MOC. In 2003, he was pro- turned broad guidance into action which ener- Meetings scheduled for Tuesday, moted to Captain and assumed command of gized the Office of Legislative Affairs and April 27, 2010 may be found in the Daily members of Congress alike. Her actions al- the Marine Safety Office in Hampton Roads Digest of today’s RECORD. before becoming commander of the Sector lowed the Marine Corps to engage members Hampton Roads in 2005. On June 15, 2006, of Congress and their staffs, directly facilitating MEETINGS SCHEDULED Captain O’Brien became Commander of Sec- the increased emphasis on improving Con- tor New York making him responsible for mis- gressional relationships—a cornerstone of APRIL 28 sions such as search and rescue, law enforce- CMC’s strategic vision. 10 a.m. ment, maintenance of Aids-to-Navigation, and The Marine Corps House of Representa- Appropriations Energy and Water Development Sub- ship inspections. Most importantly, he worked tives Liaison Office that Sergeant Evitts leaves behind is functional and responsive, highly in- committee each and every day to ensure the safety and To hold hearings to examine a national security of the port and citizens of New York. tegrated, and favors a proactive legislative strategy. While leading the House Liaison Of- assessment of energy policies, focusing Throughout his career, Captain O’Brien has on significant achievements since the diligently upheld his commitment to the Coast fice through the extraordinary challenges as- 1970s and an examination of U.S. en- Guardsman’s Creed. He is the recipient of sociated with Operation Enduring Freedom, ergy policies and goals in the coming multiple Meritorious Service Medals, Coast Operation Iraqi Freedom and the ongoing decades. Guard Commendation Medals, and Coast Global War on Terror, she concurrently en- SD–124 Guard Commandant’s Letter of Commendation sured that a myriad of daily Congressional Health, Education, Labor, and Pensions Business meeting to consider the nomi- Ribbons. He also holds the Coast Guard communications, taskings and events were ex- ecuted flawlessly. During Sgt. Evitt’s four nations of Joshua Gotbaum, of the Dis- Cutterman, Surfman, and Coxswain pins as trict of Columbia, to be Director of the well as the Officer-in-Charge Afloat, Officer-in- years as the Non-Commissioned Officer, she accomplished the full spectrum of the Marine Pension Benefit Guaranty Corporation, Charge Ashore, and Command Ashore insig- and Eduardo M. Ochoa, of California, to nias. Corps’ legislative mission. She exemplified the be Assistant Secretary of Education for For 40 years, his leadership and commit- candor and knowledge that we have come to Postsecondary Education. ment to the Coast Guard have helped to pre- expect from the Marine Corps and she played SD–430 serve the safety of our Nation’s shores. a key role in maintaining superb relationships Homeland Security and Governmental Af- Madam Speaker, I ask my colleagues to join between the Marine Corps and the House of fairs me in thanking and congratulating Captain Representatives. Business meeting to consider an original Throughout her tour, Sgt. Evitts effectively bill entitled, ‘‘Fire Grants Reauthor- O’Brien on his long and venerable service in ization Act of 2010’’, S. 2782, to provide the United States Coast Guard. responded to several thousand congressional inquires, many of which gained national level personal jurisdiction in causes of ac- f tion against contractors of the United attention. During her time on Capitol Hill, Sgt. States performing contracts abroad ON THE OCCASION OF SERGEANT Evitts successfully planned, coordinated and with respect to members of the Armed JENNIFER EVITTS’ TRANSFER escorted over 50 international and domestic Forces, civilian employees of the FROM THE UNITED STATES MA- Congressional and Staff Delegations. Her de- United States, and United States cit- RINE CORPS LIAISON OFFICE tailed coordination with foreign government of- izen employees of companies per- ficials, U.S. State Department, and senior mili- forming work for the United States in tary officials ensured that each delegation was connection with contractor activities, HON. GENE TAYLOR S. 3167, to amend title 13 of the United OF MISSISSIPPI conducted professionally. Her attention to de- tail and anticipation of requirements allowed States Code to provide for a 5-year IN THE HOUSE OF REPRESENTATIVES term of office for the Director of the Representatives to focus on fact-finding and Monday, April 26, 2010 Census and to provide for authority gleaning new insights that informed critical de- Mr. TAYLOR. Madam Speaker, today I rec- and duties of the Director and Deputy cisions to support the people of the United Director of the Census, S. 3249, to ognize and pay tribute to Sergeant Jennifer States. Due to her professionalism, dedication amend the Robert T. Stafford Disaster Evitts, United States Marine Corps, on the oc- and keen knowledge, Sgt. Evitts became the Relief and Emergency Assistance Act casion of her transfer from the liaison office. I, most sought after military escort for delega- to reauthorize the predisaster hazard and many other members of this chamber, tions conducting Congressional travel. The mitigation program and for other pur- have had the pleasure of working with her time she has spent supporting Members of the poses, S. 3196, to amend the Presi- over the past three years that she has served House has been truly noteworthy. She has dential Transition Act of 1963 to pro- vide that certain transition services as part of Headquarters U.S. Marine Corps made lasting contributions to the House of Office of Legislative Affairs and as the Con- shall be available to eligible candidates Representatives. before the general election, H.R. 1454, gressional Liaison Non-Commissioned Officer f to provide for the issuance of a Multi- of the U.S.M.C. Liaison Office in the U.S. SENATE COMMITTEE MEETINGS national Species Conservation Funds House of Representatives. Semipostal Stamp, H.R. 1345, to amend Sergeant Evitts distinguished herself Title IV of Senate Resolution 4, title 5, United States Code, to elimi- through exceptional meritorious service while agreed to by the Senate on February 4, nate the discriminatory treatment of

VerDate Mar 15 2010 13:49 May 31, 2013 Jkt 089102 PO 00000 Frm 00018 Fmt 0689 Sfmt 0634 E:\BR10\E26AP0.000 E26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 6330 EXTENSIONS OF REMARKS, Vol. 156, Pt. 5 April 26, 2010 the District of Columbia under the pro- Commerce, Science, and Transportation APRIL 29 visions of law commonly referred to as Surface Transportation and Merchant Ma- Time to be announced the ‘‘Hatch Act’’, H.R. 2092, to amend rine Subcommittee Energy and Natural Resources To hold an oversight hearing to examine the National Children’s Island Act of Business meeting to consider the nomi- motor carrier safety efforts. 1995 to expand allowable uses for King- nation of Jeffrey A. Lane, of Virginia, SR–253 man and Heritage Islands by the Dis- to be Assistant Secretary of Energy for trict of Columbia, S. 3066, to correct 1 p.m. Conferees Congressional and Intergovernmental the application of the Non-Foreign Affairs. Area Retirement Equity Assurance Act Meeting of conferees on H.R. 2194, to amend the Iran Sanctions Act of 1996 to Room to be announced of 2009 (5 U.S.C. 5304 note) to employees enhance United States diplomatic ef- 9:30 a.m. paid saved or retained rates, H.R. 3978, forts with respect to Iran by expanding Armed Services to amend the Implementing Rec- economic sanctions against Iran. To receive a closed briefing on United ommendations of the 9 11 Commission SVC–210/212 States policy towards Yemen and So- Act of 2007 to authorize the Secretary 2 p.m. malia. of Homeland Security to accept and Health, Education, Labor, and Pensions SVC–217 use gifts for otherwise authorized ac- To resume hearings to examine Elemen- Appropriations tivities of the Center for Domestic Pre- tary and Secondary Education Act Transportation, Housing and Urban Devel- paredness that are related to prepared- (ESEA) reauthorization, focusing on opment, and Related Agencies Sub- ness for and response to terrorism, S. standards and assessments. committee Res. 481, expressing the sense of the SD–430 To hold hearings to examine proposed Senate that public servants should be 2:30 p.m. budget estimates for fiscal year 2011 for commended for their dedication and Homeland Security and Governmental Af- the Federal Railroad Administration continued public service to the Nation fairs and the National Railroad Passenger during Public Service Recognition Contracting Oversight Subcommittee Corporation (Amtrak). Week, May 3 through 9, 2010, S. 3200, to To hold an oversight hearing to examine SD–138 designate the facility of the United contract management at the Centers 10 a.m. States Postal Service located at 23 for Medicare and Medicaid Services. Commerce, Science, and Transportation Genesee Street in Hornell, New York, SD–342 Consumer Protection, Product Safety, and as the ‘‘Zachary Smith Post Office Appropriations Financial Services and General Govern- Building’’, S. 3012 and H.R. 4425, bills to Insurance Subcommittee ment Subcommittee designate the facility of the United To hold hearings to examine children’s To hold hearings to examine the Presi- privacy, focusing on new technologies States Postal Service located at 2– dent’s proposed budget estimates for 116th Street in North Troy, New York, and the Children’s Online Privacy Pro- fiscal year 2011 for the Commodity Fu- tection Act. as the ‘‘Martin G. ’Marty’ Mahar Post tures Trading Commission and for the Office’’, H.R. 4214, to designate the fa- SR–253 Securities and Exchange Commission. Banking, Housing, and Urban Affairs cility of the United States Postal Serv- SD–138 Economic Policy Subcommittee ice located at 45300 Portola Avenue in Judiciary To hold hearings to examine short- Palm Desert, California, as the ‘‘Roy To hold hearings to examine the nomina- Wilson Post Office’’, S. 2945 and H.R. tions of Robert Neil Chatigny, of Con- termism in financial markets. 3250, bills to designate the facility of necticut, to be United States Circuit SD–538 the United States Postal Service lo- Judge for the Second Circuit, and John Health, Education, Labor, and Pensions cated at 1210 West Main Street in A. Gibney, Jr., to be United States Dis- To resume hearings to examine Elemen- Riverhead, New York, as the ‘‘Private trict Judge for the Eastern District of tary and Secondary Education Act First Class Garfield M. Langhorn Post Virginia. (ESEA) reauthorization, focusing on Office Building’’, H.R. 3634, to des- SD–226 meeting the needs of special popu- ignate the facility of the United States Energy and Natural Resources lations. Postal Service located at 109 Main Public Lands and Forests Subcommittee SD–430 Street in Swifton, Arkansas, as the To hold hearings to examine S. 1241, to Judiciary ‘‘George Kell Post Office’’, H.R. 4624, to amend Public Law 106–206 to direct the Business meeting to consider S. 1346, to Secretary of the Interior and the Sec- designate the facility of the United penalize crimes against humanity and retary of Agriculture to require annual States Postal Service located at 125 for other purposes, S. 657, to provide for permits and assess annual fees for com- media coverage of Federal court pro- Kerr Avenue in Rome City, Indiana, as mercial filming activities on Federal ceedings, S. 446, to permit the tele- the ‘‘SPC Nicholas Scott Hartge Post land for film crews of 5 persons or vising of Supreme Court proceedings, Office’’, S. 3013 and H.R. 4628, bills to fewer, S. 1571 and H.R. 1043, bills to pro- designate the facility of the United vide for a land exchange involving cer- S. Res. 339, to express the sense of the States Postal Service located at 216 tain National Forest System lands in Senate in support of permitting the Westwood Avenue in Westwood, New the Mendocino National Forest in the televising of Supreme Court pro- Jersey, as the ‘‘Sergeant Christopher State of California, S. 2762, to des- ceedings, S. 1684, to establish guide- R. Hrbek Post Office Building’’, and ignate certain lands in San Miguel, lines and incentives for States to es- the nominations of Todd E. Edelman, Ouray, and San Juan Counties, Colo- tablish criminal arsonist and criminal Milton C. Lee, Jr., and Judith Anne rado, as wilderness, S. 3075, to with- bomber registries and to require the Smith, all to be an Associate Judge of draw certain Federal land and interests Attorney General to establish a na- the Superior Court of the District of in that land from location, entry, and tional criminal arsonist and criminal Columbia, Dana Katherine Bilyeu, of patent under the mining laws and dis- bomber registry program, and the Nevada, and Michael D. Kennedy, of position under the mineral and geo- nominations of David B. Fein, to be Georgia, both to be a Member of Fed- thermal leasing laws, S. 3185, to require United States Attorney for the District eral Retirement Thrift Investment the Secretary of the Interior to convey of Connecticut, Paul Ward, to be Board, and Dennis P. Walsh, of Mary- certain Federal land to Elko County, United States Marshal for the District Nevada, and to take land into trust for land, to be Chairman of the Special of North Dakota, Kimberly J. Mueller, the Te-moak Tribe of Western Sho- Panel on Appeals, and any pending cal- to be United States District Judge for shone Indians of Nevada, and H.R. 86, endar business. the Eastern District of California, to eliminate an unused lighthouse res- SD–342 ervation, provide management consist- Richard Mark Gergel, and J. Michelle Armed Services ency by incorporating the rocks and Childs, both to be United States Dis- Personnel Subcommittee small islands along the coast of Orange trict Judge for the District of South To hold hearings to examine military County, California, into the California Carolina, Catherine C. Eagles, to be compensation and benefits, including Coastal National Monument managed United States District Judge for the special and incentive pays, in review of by the Bureau of Land Management, Middle District of North Carolina, and the Defense Authorization request for and meet the original Congressional in- Clifton Timothy Massanelli, to be fiscal year 2011 and the Future Years tent of preserving Orange County’s United States Marshal for the Eastern Defense Program. rocks and small islands. District of Arkansas. SR–222 SD–366 SD–226

VerDate Mar 15 2010 13:49 May 31, 2013 Jkt 089102 PO 00000 Frm 00019 Fmt 0689 Sfmt 0634 E:\BR10\E26AP0.000 E26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 26, 2010 EXTENSIONS OF REMARKS, Vol. 156, Pt. 5 6331 1 p.m. MAY 5 posed National Defense Authorization Finance 9:30 a.m. Act for fiscal year 2011. International Trade, Customs, and Global Veterans’ Affairs SR–485 Competitiveness Subcommittee To hold an oversight hearing to examine 2 p.m. To hold hearings to examine doubling traumatic brain injury (TBI), focusing Armed Services United States exports, focusing on on progress in treating the signature Emerging Threats and Capabilities Sub- United States seaports. committee SD–215 wound of the current conflicts. Closed business meeting to markup those 2 p.m. SR–418 provisions which fall under the sub- Joint Economic Committee 10 a.m. To hold hearings to examine long-term United States Senate Caucus on Inter- committee’s jurisdiction of the pro- unemployment, focusing on causes, national Narcotics Control posed National Defense Authorization consequences and solutions. To hold hearings to examine violence in Act for fiscal year 2011. 210, Cannon Building Mexico and Ciudad Juarez and its im- SR–222 2:15 p.m. plications for the United States. 3:30 p.m. Indian Affairs SD–124 Armed Services To hold hearings to examine S. 2802, to 2:30 p.m. Strategic Forces Subcommittee settle land claims within the Fort Hall Energy and Natural Resources Closed business meeting to markup those Reservation, S. 1264, to require the Sec- National Parks Subcommittee provisions which fall under the sub- retary of the Interior to assess the irri- To hold hearings to examine the Na- committee’s jurisdiction of the pro- gation infrastructure of the Pine River tional Park Service’s implementations posed National Defense Authorization Indian Irrigation Project in the State of the American Recovery and Rein- Act for fiscal year 2011. of Colorado and provide grants to, and vestment Act. SR–485 enter into cooperative agreements SD–366 5 p.m. with, the Southern Ute Indian Tribe to Armed Services assess, repair, rehabilitate, or recon- MAY 6 Personnel Subcommittee struct existing infrastructure, and S. 439, to provide for and promote the eco- 10 a.m. Closed business meeting to markup those nomic development of Indian tribes by Appropriations provisions which fall under the sub- furnishing the necessary capital, finan- Commerce, Justice, Science, and Related committee’s jurisdiction of the pro- cial services, and technical assistance Agencies Subcommittee posed National Defense Authorization to Indian-owned business enterprises, To hold hearings to examine proposed Act for fiscal year 2011. to stimulate the development of the budget estimates for fiscal year 2011 for SR–222 private sector of Indian tribal econo- the Department of Justice. mies. SD–192 MAY 26 SD–628 2:30 p.m. 9:30 a.m. 2:30 p.m. Armed Services Armed Services Appropriations SeaPower Subcommittee SeaPower Subcommittee Financial Services and General Govern- To hold hearings to examine Navy ship- Closed business meeting to markup those ment Subcommittee building programs in review of the De- provisions which fall under the sub- To hold hearings to examine holding fense Authorization request for fiscal banks accountable, focusing on if committee’s jurisdiction of the pro- year 2011 and the Future Years Defense treasury and banks are doing enough to posed National Defense Authorization Program. help families save their homes. Act for fiscal year 2011. SR–222 SD–192 SR–485 Foreign Relations 2:30 p.m. To hold hearings to examine historical MAY 19 Armed Services and modern context for United States- 9:30 a.m. Closed business meeting to markup the Russian arms control. Veterans’ Affairs proposed National Defense Authoriza- SD–419 To hold hearings to examine pending leg- tion Act for fiscal year 2011. Appropriations islation. SR–222 Legislative Branch Subcommittee SR–418 To hold hearings to examine proposed MAY 27 budget estimates for fiscal year 2011 for MAY 25 9:30 a.m. the Library of Congress and the Open 9 a.m. World Leadership Center. Armed Services Armed Services SD–138 Closed business meeting to markup the Airland Subcommittee Homeland Security and Governmental Af- proposed National Defense Authoriza- Closed business meeting to markup those fairs tion Act for fiscal year 2011. Oversight of Government Management, the provisions which fall under the sub- SR–222 Federal Workforce, and the District of committee’s jurisdiction of the pro- Columbia Subcommittee posed National Defense Authorization MAY 28 Act for fiscal year 2011. To hold hearings to examine developing 9:30 a.m. Federal employees and supervisors, fo- SR–222 10:30 a.m. Armed Services cusing on mentoring, internships, and Closed business meeting to markup the training in the Federal government. Armed Services proposed National Defense Authoriza- SD–342 Readiness and Management Support Sub- tion Act for fiscal year 2011. Intelligence committee To hold closed hearings to consider cer- Closed business meeting to markup those SR–222 tain intelligence matters. provisions which fall under the sub- SH–219 committee’s jurisdiction of the pro-

VerDate Mar 15 2010 13:49 May 31, 2013 Jkt 089102 PO 00000 Frm 00020 Fmt 0689 Sfmt 0634 E:\BR10\E26AP0.000 E26AP0 pmangrum on DSK3VPTVN1PROD with BOUND RECORD