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

Vol. 155 WASHINGTON, TUESDAY, OCTOBER 20, 2009 No. 152 House of Representatives The House met at 12:30 p.m. and was change legislation is so important to ergy bill will improve building codes by called to order by the Speaker. address for American business that 30 percent, establish new efficiency f they actually have withdrawn their standards for appliances and invest bil- membership or suspended their mem- MORNING-HOUR DEBATE lions of dollars in home weatherization bership from various committees in the and efficiency programs. As a result, The SPEAKER. Pursuant to the United States Chamber of Commerce consumers will see a reduction in their order of the House of January 6, 2009, to protest its policy of opposition to electric bills as they consume less elec- the Chair will now recognize Members this legislation. from lists submitted by the majority Now that the House has passed this tricity. According to the nonpartisan and minority leaders for morning-hour bill, the Senate too must act quickly American Council for an Energy-Effi- debate. to pass it so that the United States can cient Economy, those savings will av- f take its rightful place as a leading erage $750 per household when the bill voice in the effort to reduce greenhouse is fully implemented. ENERGY LEGISLATION: THE SEN- gas pollution. ATE MUST JOIN THE HOUSE IN Another common refrain from the op- Despite widespread business support ACTING SWIFTLY position is that a cap-and-trade system for the bill, some partisan interest The SPEAKER. The Chair recognizes groups vigorously opposed its passage, is new, complicated and unworkable. the gentleman from Virginia (Mr. and I applaud my colleagues, especially As my colleagues will recall, it was a CONNOLLY) for 5 minutes. those from the other side of the aisle cap-and-trade system that allowed us Mr. CONNOLLY of Virginia. Madam who had the courage to support it, for to successfully stop the expansion of Speaker, despite rabid partisanship, overcoming the shrill dissent of power- the ozone hole by reducing CFC pollu- this House of Representatives has suc- ful special interests. Because those tion, and we cut acid rain and smog cessfully pursued a productive legisla- same interest groups are preparing a pollution by reducing emissions from tive agenda this year. Among many im- campaign blitz focused on the U.S. Sen- coal-fired power plants with a cap-and- portant bills, such as the expansion of ate, it is an apt time to recall the dis- trade program in the 1990s. At the children’s health insurance and passage credited arguments that they will em- time, those same voices claiming that of economic recovery legislation, we ploy once again when attempting to de- this would kill the economy said the passed the American Clean Energy and feat this bill. Security Act just this past June. For example, the Republican leader- same thing. And yet in the 1990s, we This bill would reduce greenhouse ship claims this bill will cost the saw some of the most rapid expansion gas pollution, create market incentives American family $3,100 per year. Not of economic growth in U.S. history. for investment in clean energy jobs, in- true. The Republican leadership cited Madam Speaker, scientists are ob- vest in green job training for workers, an MIT study when first releasing that serving more rapid climate change create incentives for farmers to seques- cost estimate. In response, the MIT than their models anticipated. We do ter carbon, reduce our dependence on professor who wrote the study wrote not have the luxury of inaction or foreign oil, and protect trade-sensitive the minority leader here in the House delay. Moreover, the welfare of our industries from highly polluting for- pointing out that his figure vastly eign competition. overestimated costs by 1,000 percent. economy demands that America lead in According to prominent economists, Moreover, the Republicans ignore a the clean energy revolution. We cannot it would spur investments in tech- central feature of the bill to protect allow China, Spain and other nations nology that would further stimulate consumers. The American Clean En- to profit from the construction of wind the economy right now. ergy and Security Act distributes car- turbines, solar, advanced batteries and Since we passed this bill, a growing bon allowances to the companies or co- the like while Americans lose their number of businesses such as Apple operatives from which Americans buy jobs. Now is the time for the U.S. Sen- Computer, Exelon, Pacific Gas and electricity. And by law, the bill says ate to join us here in the House in pass- Electric, Johnson & Johnson, that they have to use those allowances ing a vibrant, clean energy bill to re- Timberland, Nike, Dominion Virginia to protect consumers from any price duce greenhouse gas emissions, jump- Power and so many others from diverse increases. sectors of the economy have called on Our Republican colleagues also ig- start our economy and lessen our reli- the United States Senate to act. Many nore the impact new efficiencies will ance on foreign oil. of these businesses believe climate have on electric bills. The House En-

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

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VerDate Nov 24 2008 03:13 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A20OC7.000 H20OCPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE H11464 CONGRESSIONAL RECORD — HOUSE October 20, 2009 THE AIG BONUS DEBACLE: THE ury’s internal counsel, legal counsel, sinks and renewable resources demands HEADACHES KEEP COMING the amounts and timing of the AIG fi- that we reverse a global legacy of envi- The SPEAKER pro tempore (Ms. ED- nancial products retention award’’ ronmental pillaging. Illegal logging WARDS of Maryland). The Chair recog- plan. and resource extraction is not just nizes the gentleman from Florida (Mr. So even his legal counsel knew about about environmental decimation, with STEARNS) for 5 minutes. it. watershed pollution, biodiversity loss Mr. STEARNS. Madam Speaker, the Madam Speaker, everybody at the and increased carbon emissions, it’s Special Inspector General for the Trou- Federal Reserve knew about the AIG about the human loss as well: the local bled Asset Relief Program, Neil bonus issue, and officials at the Treas- communities left with a culture of vio- Barofsky, recently released an alarm- ury surely knew. Yet somehow, the lence and corruption devastated with- ing audit which revealed Secretary of head of our Treasury Department and out resources for survival, and beyond, the Treasury Tim Geithner’s complete former head of the New York Fed at to everybody on the planet. lack of oversight and total mismanage- the time of the AIG bailout, said he We all benefit from the medicines, ment of American International was completely in the dark. carbon capture and species diversity Group’s (AIG) distribution of millions Please, Mr. Secretary, just admit you these forests provide. For years, I’ve in bonus payments following the com- knew all the about the bonuses. worked to eliminate the illegal logging pany’s $180 billion taxpayer bailout. Mr. Barofsky’s audit concludes that trade. To make sure the United States Just think about this: U.S. taxpayers ‘‘This, coupled with Treasury’s subse- can lead by example and stop our own own 80 percent of AIG, and AIG is using quent limited communications with use of illegally logged lumber, I au- taxpayer money to pay themselves the Federal Reserve Board of New York thored the Legal Timber Protection huge bonuses. Let’s examine Mr. with respect to executive compensa- Act whose provisions were signed into Geithner’s role as Secretary of the tion, has meant that the Secretary of law last year. The U.S. Government is Treasury and his role with AIG. the Treasury invested $40 billion of now empowered to determine where Mr. Geithner, as we will recall, was taxpayers’ funds in AIG, designed imported wood and plants actually President of the Federal Reserve of AIG’s contractual executive compensa- come from to promote legal harvest. New York prior to becoming Secretary tion restrictions and helped manage Yet the illegal trade continues. of the Treasury in January of this the government’s majority stake in Last Thursday, with Chairmen year. Interestingly enough, on Sep- AIG for several months, all without PAYNE and FALEOMAVAEGA, I intro- tember 29, 2008, during Mr. Geithner’s having any detailed information about duced a resolution to condemn the ille- time as president, AIG officials briefed the scope of AIG’s very substantial, gal logging and extraction of a senior vice president at the New York and very controversial, executive com- Madagascar’s unique and invaluable Fed about the details of AIG’s deferred pensation obligations.’’ natural resources. Madagascar hosts compensation plan, bonuses, and reten- Please, Mr. Secretary. some of this planet’s greatest diver- tion payments for its Financial Prod- It should also be noted that former sity. Larger than the State of Cali- ucts group. AIG even e-mailed the New Secretary Paulson was also complicit fornia, this island nation broke off York Fed official copies of its com- in the AIG bonus mismanagement. It from the African mainland about 160 pensation plans. Mr. Geithner was was under Mr. Paulson’s watch, after million years ago, spawning a biologi- president of the New York Fed at the all, that the government acquired this cal laboratory with over 150,000 plants time the bank knew about the bonuses, huge stake in AIG in the first place. and animals found nowhere else in the and yet he maintains that he was ‘‘not And it was Mr. Paulson’s decision to world: massive moths, towering trees, apprised of the specifics.’’ bail out AIG, which happened to owe and a hundred different lemur species. Please, Mr. Secretary, just admit you billions to Goldman Sachs, while subse- The majority of Madagascar’s people knew about the bonuses and you were quently letting Goldman Sachs’ main live on less than $2 a day, and protec- just trying to protect your friends on competitor, Lehman Brothers, fail. tion of these incredible and unique re- Wall Street at taxpayers’ expense. The American people were rightly sources, only 10 percent of which re- Now let’s fast forward to March of outraged when they found out that AIG main, could be key to a sustainable and this year. Mr. Geithner is now Sec- would be paying out millions in bo- economically secure future. Yet polit- retary of the Treasury, and the news nuses despite needing a $180 million ical turmoil is putting the honest live- breaks to the American people about taxpayer bailout. But it doesn’t stop lihoods of many, as well as one of our AIG—the company that is ‘‘too big to there. The audit also revealed that planet’s greatest treasures, in extreme fail,’’ and in need of $180 billion in tax- even kitchen assistants and elevator peril. payer bailout—would be distributing operators got bonuses over $7,000. So In March, the democratically elected $165 million in retention payments to clearly, not all of the AIG bonuses were President was ousted by a political employees of its financial products contractually obligated as the com- rival with the backing of the military, subsidiary. Now, this unit, I will re- pany’s executives claim. The headaches a move which has been condemned by mind everybody, of course, is the same just keep coming. the United States, the African Union entity responsible for writing the cred- This is what happens when high- and others as a military coup d’etat. it default swap policies that contrib- ranking government officials such as That ushered in a collapse of security uted directly to the company’s near Mr. Paulson and Mr. Geithner have for these precious treasures as political collapse. Yet again, we have Secretary clear conflicts of interest and are instability bred further corruption and Geithner claiming that he only found trusted to manage billions in tax- mismanagement. Twenty years of part- out about the AIG bonuses on March payers’ money. Mr. Paulson and Mr. nership with the United States and 10, 2009, just 3 days before they were Geithner’s close ties to Wall Street are nongovernmental organizations that paid. just too close for comfort for the Amer- has resulted in more effective local Please, Mr. Secretary, if a company ican people and their tax dollars. management and preservation is being is in bankruptcy, you don’t give out undone in a matter of months. The de bonuses. f facto government uses the nation’s en- Given that sources at the Federal Re- b 1245 dangered resources to boost its regime serve have stated that ‘‘Treasury staff and has issued sweeping decrees allow- was informed that the March 15 bonus CONDEMNING ILLEGAL LOGGING ing the harvest and export of wood payment date was upcoming,’’ surely The SPEAKER pro tempore. The from protected forests and World Herit- Mr. Secretary, as head of the U.S. De- Chair recognizes the gentleman from age Sites. partment of the Treasury, you must Oregon (Mr. BLUMENAUER) for 5 min- Reports from Madagascar are dire, have known about the payments. It is utes. detailing rampant illegal logging, min- even harder to believe in light of the Mr. BLUMENAUER. Thank you, ing, and resource degradation as de- Special Inspector General’s report Madam Speaker. tailed in an excellent report in last Fri- which notes ‘‘Federal Reserve Board of The irreplaceable role of healthy for- day’s Washington Post. Traffickers New York officials e-mailed the Treas- ests as havens for biodiversity, carbon smuggle record numbers of one of the

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These activi- manding our attention and may honest (Mr. BOEHNER asked and was given ties not only deny locals access to responsibility reveal just how much permission to address the House for 1 basic resources, they also degrade the ability we have to respond to all Your minute.) country’s thriving eco-tourism indus- people and the common good of the Na- Mr. BOEHNER. Mr. Speaker, having try which brought in almost $400 mil- tion. run a small business, I know what it’s lion last year. Open our hearts, Lord, that we may like to meet a payroll and offer health The United States has condemned trust the wisdom shared and the faith care benefits to my employees. I know this current government and suspended witnessed when we truly listen to one what it’s like to create jobs for fami- all nonhumanitarian aid and termi- another. May each of us draw closer to lies struggling to make ends meet. I nated assistance through a Millennium one another and so strengthen the also understand the consequences for Development Corporation compact. union of these United States and give small businesses when Washington im- The World Wildlife Fund, Conservation You the glory both now and forever. poses higher taxes, new government International and the Wildlife Con- Amen. mandates, and more red tape. Americans know that small busi- servation Society have all denounced f nesses are the engine of job creation in the subsequent wholesale exploitation THE JOURNAL their communities; government is not. of some of the world’s most diverse for- The SPEAKER pro tempore. The And more than ever before, small busi- ests and the decimation of the local nesses need solutions from Washington people’s resources and livelihood. Chair has examined the Journal of the last day’s proceedings and announces that help create jobs and provide qual- As the World Forestry Congress con- ity, affordable health care for their em- venes this week, we have an excellent to the House his approval thereof. Pursuant to clause 1, rule I, the Jour- ployees. opportunity to raise awareness to stop nal stands approved. Republicans have been offering those rampant illegal logging and the har- solutions all year long: solutions like f vesting of species. I am pleased that allowing small business to join to- the United States Forest Service chief PLEDGE OF ALLEGIANCE gether to get health insurance at lower specifically referenced our resolution, The SPEAKER pro tempore. Will the rates—the same way that large busi- H. Res. 839, during his address to the gentleman from New Jersey (Mr. nesses and labor unions do today; pro- Forestry Congress as an example of ADLER) come forward and lead the moting wellness and expanded health United States commitment. The inter- House in the Pledge of Allegiance. savings accounts to provide additional national community, all of us, must Mr. ADLER of New Jersey led the flexibility to small businesses; and end- engage before it’s too late for these Pledge of Allegiance as follows: ing junk lawsuits to lower health care protected species and do all we can to I pledge allegiance to the Flag of the costs for small businesses and all prevent the irreparable harm caused by United States of America, and to the Repub- Americans. illegal logging. lic for which it stands, one nation under God, Under the Democrats’ costly govern- This resolution condemns the ongo- indivisible, with liberty and justice for all. ment-run plan, however, health care ing tragedy and calls for the restora- f costs are going to go up and countless tion of the rule of law and shows that GUN CONTROL small business jobs will be destroyed as the Federal Government will fight to a result. At the heart of the Demo- help the people of Madagascar protect (Mr. POE of Texas asked and was crats’ plan is a massive tax increase these resources. given permission to address the House which will fall most heavily on entre- I hope my colleagues will join me in for 1 minute.) preneurs that run small businesses. It Mr. POE of Texas. Mr. Speaker, the cosponsoring House Resolution 839 so also includes the harsh mandate that Supreme Court said last year that the that the House can do its part to stop requires employers to provide health Second Amendment means what it this outrage. insurance or face a steep tax. says: ‘‘The right of the people to keep f It will kill jobs, plain and simple. and bear arms shall not be infringed.’’ RECESS There is nothing vague about that per- f The SPEAKER pro tempore. Pursu- sonal right. Never mind, Chicago still HONORING THE SERVICE OF ant to clause 12(a) of rule I, the Chair has a gun ban law. LANCE CORPORAL ALFONSO declares the House in recess until 2 So the Supreme Court agreed to hear OCHOA, JR. p.m. today. a case where those who believe in lib- (Mr. COSTA asked and was given per- Accordingly (at 12 o’clock and 51 erty are challenging the Chicago mission to address the House for 1 minutes p.m.), the House stood in re- antigun law. Gun Grabbers pass a gun minute and to revise and extend his re- cess until 2 p.m. ban claiming it reduces crime, but marks.) crime actually goes up in banishment Mr. COSTA. Mr. Speaker, I rise today f areas. So this is not about crime. to honor the service of Lance Corporal b 1400 The antigun lobby steals individual Alfonso Ochoa, Jr., who was recently freedom under the false pretext of pro- AFTER RECESS killed by a roadside bomb in Afghani- viding security by government. In re- stan. The recess having expired, the House ality, these people want more govern- A native of Armona, California, Al- was called to order by the Speaker pro ment intrusion into our personal lives. fonso joined the Marine Corps only tempore (Mr. SALAZAR) at 2 p.m. Obliteration of the Second Amendment after graduating early from Hanford f is one of the most intrusive methods High School. His enthusiasm to his they use. Gun control is really govern- country and his commitments were ap- PRAYER ment control. parent to all who knew him. It is my The Chaplain, the Reverend Daniel P. The Second Amendment was, among hope that Alfonso’s strength, valor, Coughlin, offered the following prayer: other things, originally designed to and pride in our Nation will serve as an Together let us thank God for an- protect people against tyranny. Thom- example for all of us. other day of life. Lord, we are truly as Jefferson said, ‘‘Those who hammer My thoughts are with his father and gifted with another opportunity to their guns into plows will plow for mother, as well as his wife, whom he praise and thank You for our many those who do not.’’ just married 6 months ago, and go out blessings. By our being truly present to The right to bear arms should apply on behalf of all Americans. others today by our work in public even in Chicago, whether the paranoid In addition, Mr. Speaker, I would service on behalf of others, Lord, may gun control crowd likes it or not. also like to mention that two other

VerDate Nov 24 2008 04:51 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.039 H20OCPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE H11466 CONGRESSIONAL RECORD — HOUSE October 20, 2009 servicemembers from the Central Val- tion’s health care proposal over critics White House pretended it didn’t hap- ley recently sustained serious injuries of the plan by a margin of more than 2– pen. overseas, and I wish them and their 1, according to the Business and Media We cannot ignore the American peo- families comfort and strength during Institute. ple despite what ABC and The Wash- these difficult times and a speedy re- The White House, like the national ington Post may try to tell us. covery. media, should let the American people f Staff Sergeant Christian Hughes and make up their own minds, not try to COMMUNICATION FROM THE Senior Airman Phillip Newlyn, both of control what they hear. CLERK OF THE HOUSE Fresno, California, are at Walter Reed f Medical Center; and I ask my col- The SPEAKER pro tempore laid be- HEALTH CARE’S IMPACT ON leagues to join me in honoring these fore the House the following commu- SMALL BUSINESS soldiers, their courage, and their serv- nication from the Clerk of the House of ice to their country and wish them a (Mr. SMITH of Nebraska asked and Representatives: smooth and speedy recovery. was given permission to address the OFFICE OF THE CLERK, HOUSE OF REPRESENTATIVES, f House for 1 minute and to revise and extend his remarks.) Washington, DC, October 19, 2009. THANK YOU, COMMANDER CARNEY Mr. SMITH of Nebraska. Mr. Speak- Hon. NANCY PELOSI, The Speaker, House of Representatives, (Mr. KIRK asked and was given per- er, for generations, America’s small Washington, DC. mission to address the House for 1 businesses have been the engines driv- DEAR MADAM SPEAKER: Pursuant to the minute and to revise and extend his re- ing our economy, and they remain one permission granted in Clause 2(h) of Rule II marks.) of our brightest hopes for economic re- of the Rules of the U.S. House of Representa- Mr. KIRK. Mr. Speaker, I want to covery. tives, I have the honor to transmit a sealed praise one of my colleagues from the These entrepreneurs represent more envelope received from the White House on Friday, October 16, 2009 at 2:18 p.m., and said other side of the aisle, my shipmate in than 99 percent of all businesses in the to contain a message from the President the Navy, Congressman CHRIS CARNEY. country and create more than 72 per- whereby he makes a determination and cer- CHRIS is a commander in the Navy cent of the new jobs. Yet, under the tification of Haiti’s compliance with HOPE and just completed 2 weeks of active guise of health care reform, Congress is II requirements under PL 110–246. duty. He served as a combat mission set to punish these innovators by lev- With best wishes, I am operations commander for the Predator eling more than $200 billion in new Sincerely, LORRAINE C. MILLER, and Reaper Hunter/Killer UAVs, as well taxes. Those are taxes. The result of Clerk of the House. as the Global Hawk. these new taxes will be the loss of an f Commander CARNEY was the first estimated 5.5 million jobs. sailor to be certified as a mission com- Our economy is in a precarious situa- HAITIAN HEMISPHERIC OPPOR- mander, now with the call sign of ‘‘Big tion, the Federal deficit stands at $1.42 TUNITY THROUGH PARTNERSHIP House.’’ Over the past couple of weeks, trillion, and 263,000 jobs were lost in ENCOURAGEMENT ACT OF 2008— his unit flew dozens of missions over September alone. Why would we want MESSAGE FROM THE PRESIDENT Afghanistan and Iraq providing our to push a government takeover of OF THE UNITED STATES (H. DOC. troops with intel and reconnaissance. health care inflicting further harm on NO. 111–69) They also took out Taliban terrorists small businesses—the very strength of The SPEAKER pro tempore laid be- with Hellfire missiles and helped with our economy? fore the House the following message the search and rescue of Americans. f from the President of the United If you see Commander Congressman WHAT HAPPENED TO AUGUST States; which was read and referred to CHRIS CARNEY back at work today, the Committee on Ways and Means and thank him for his service to our Nation (Mr. DANIEL E. LUNGREN of Cali- ordered to be printed: fornia asked and was given permission in uniform as one of our citizen-sailors. To the Congress of the United States: f to address the House for 1 minute and The Haitian Hemispheric Oppor- to revise and extend his remarks.) tunity through Partnership Encourage- WHITE HOUSE ATTACKS FOX Mr. DANIEL E. LUNGREN of Cali- NEWS FOR TELLING TRUTH ment Act of 2008 (HOPE II) (the ‘‘Act’’) fornia. Mr. Speaker, there has been a (Public Law 110–246), amended the Car- (Mr. SMITH of Texas asked and was lot of discussion over Fox News, but ibbean Basin Economic Recovery Act given permission to address the House last night I watched ABC News as they (CBERA) to make certain additional for 1 minute and to revise and extend talked about the new poll put out by products from Haiti eligible for pref- his remarks.) ABC and The Washington Post. And I erential tariff treatment. Under HOPE Mr. SMITH of Texas. Mr. Speaker, scratched my head as I listened to II, these imports from Haiti will con- with unemployment at a 26-year high, them talk about the fact the American tinue to be eligible for preferential a record budget deficit, and a looming people now support a public option. treatment after October 18, 2009, if I de- health care bill that punishes tax- The American people are rallying to termine and certify that Haiti has met payers and bankrupts the government, the side of ObamaCare. And I wondered certain eligibility criteria set out in what is the White House doing? They how much out of step with America the Act. are attacking Fox News for telling the would my constituents be, could all of Since enactment of HOPE II, Haiti truth. these people who showed up at these has issued a decree establishing an The White House spokesman says town hall meetings be; and then I had independent labor ombudsman’s office, that Fox News ‘‘is not a news organiza- a chance to look at the questions. and the President of Haiti has selected tion.’’ We need to fact-check the White You ought to examine those ques- a labor ombudsman following consulta- House on whatever they say about Fox tions. I mean, they put the public op- tion with unions and industry rep- and any legislation since they are not tion in a box and tied a red ribbon resentatives. In addition, Haiti, in co- being straight with the American peo- around it. I might have even voted for operation with the International Labor ple. it. And if you look at the difference in Organization, has established a Tech- Separate studies by the Pew Re- the responses of those questions as we nical Assistance Improvement and search Center and the Center for Media had through this entire year, it shows Compliance Needs Assessment and Re- and Public Affairs found that Fox News there hasn’t been that much of a mediation (TAICNAR) Program. Haiti coverage is more balanced than any change. has also implemented an electronic other network. The White House has no Now, I guess ABC News has joined visa system that acts as a registry of problem with other national news out- the White House and the Democratic Haitian producers of articles eligible lets because they offer biased reports leadership in having us ignore August. for duty-free treatment and has made and give the administration a free pass. What happened to August, Mr. Speak- participation in the TAICNAR Pro- In fact, network news programs have er? The American people spoke, and gram a condition of using this visa sys- favored proponents of the administra- yet the leaders in this body and the tem.

VerDate Nov 24 2008 04:28 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.004 H20OCPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE October 20, 2009 CONGRESSIONAL RECORD — HOUSE H11467 In light of these actions and in ac- cotics traffickers centered in Colombia SECTION 1. EXCLUSION FOR CERTAIN SMALL cordance with section 213A of CBERA, is to continue in effect beyond October BUSINESSES. (a) IN GENERAL.—Section 615(e) of the Fair as amended, I have determined and 21, 2009. Credit Reporting Act (15 U.S.C. 1681m(e)) is hereby certify that Haiti: (i) has imple- The circumstances that led to the amended by adding at the end the following mented the requirements set forth in declaration on October 21, 1995, of a na- new paragraphs: sections 213A(e)(2) and (e)(3); and (ii) is tional emergency have not been re- ‘‘(4) EXCLUSION FOR CERTAIN BUSINESSES.— requiring producers of articles for solved. The actions of significant nar- For purposes of this subsection, the term which duty-free treatment may be re- cotics traffickers centered in Colombia ‘creditor’ shall not include— quested under section 213A(b) to par- continue to pose an unusual and ex- ‘‘(A) a health care practice with 20 or fewer employees; ticipate in the TAICNAR Program and traordinary threat to the national se- ‘‘(B) an accounting practice with 20 or has developed a system to ensure par- curity, foreign policy, and economy of fewer employees; ticipation in such program by such pro- the United States and to cause an ex- ‘‘(C) a legal practice with 20 or fewer em- ducers, including by developing and treme level of violence, corruption, and ployees; or maintaining a registry of producers. harm in the United States and abroad. ‘‘(D) any other business, if the Commission BARACK OBAMA. For these reasons, I have determined determines, following an application for ex- THE WHITE HOUSE, October 16, 2009. that it is necessary to maintain eco- clusion by such business, that such busi- ness— f nomic pressure on significant narcotics ‘‘(i) knows all of its customers or clients traffickers centered in Colombia by 1415 individually; b blocking their property and interests ‘‘(ii) only performs services in or around COMMUNICATION FROM THE in property that are in the United the residences of its customers; or CLERK OF THE HOUSE States or within the possession or con- ‘‘(iii) has not experienced incidents of iden- trol of United States persons and by tity theft and identity theft is rare for busi- The SPEAKER pro tempore laid be- depriving them of access to the U.S. nesses of that type. fore the House the following commu- ‘‘(5) LIMITATION ON EXCLUSION FOR BUSI- market and financial system. nication from the Clerk of the House of NESSES NO-LONGER ELIGIBLE.—To the extent BARACK OBAMA. Representatives: that a business can no longer demonstrate THE WHITE HOUSE, October 16, 2009. that it meets the criteria under paragraph OFFICE OF THE CLERK, f (4) that permitted its exclusion from the HOUSE OF REPRESENTATIVES, term ‘creditor’, such exclusion shall no Washington, DC, October 19, 2009. ANNOUNCEMENT BY THE SPEAKER longer apply. Hon. NANCY PELOSI, PRO TEMPORE ‘‘(6) DEFINITIONS.—For purposes of this sub- The Speaker, House of Representatives, section: Washington, DC. The SPEAKER pro tempore. The ‘‘(A) EMPLOYEE.—With respect to a busi- DEAR MADAM SPEAKER: Pursuant to the Chair would like to make an announce- ment regarding decorum in the Cham- ness, the term ‘employee’ means any indi- permission granted in Clause 2(h) of Rule II vidual who works for such business and is of the Rules of the U.S. House of Representa- ber. paid either wages or a salary. tives, I have the honor to transmit a sealed The Chair must remind all Members ‘‘(B) HEALTH CARE PRACTICE.— envelope received from the White House on that under clause 5 of rule XVII and ‘‘(i) IN GENERAL.—The term ‘health care Friday, October 16, 2009 at 2:18 p.m., and said the resolution adopted by the House on practice’ means a business that’s primary to contain a message from the President July 17, 1979, as implemented by Speak- service is providing health care via health whereby he submits a copy of a notice filed care professionals employed by the business. earlier with the Federal Register continuing ers under clause 2 of rule I, the stand- ‘‘(ii) HEALTH CARE PROFESSIONAL.—For pur- the emergency with respect to significant ard of dress on the floor of the House is proper business attire: for gentlemen, poses of subparagraph (A), the term ‘health narcotics traffickers centered in Colombia care professional’ means an individual en- first declared in Executive Order 12978 of Oc- coat and tie. The donning of a lab coat gaged in providing health care and licensed tober 21, 1995. or other attire in the nature of a dis- under State law, including physicians, den- With best wishes, I am tinctive uniform of another occupation tists, podiatrists, chiropractors, physical Sincerely, is not proper. therapists, occupational therapists, marriage LORRAINE C. MILLER, The Chair expects the cooperation of and family therapists, optometrists, speech Clerk of the House. all Members in upholding this standard therapists, language therapists, hearing f of decorum. therapists, and veterinarians.’’. (b) PROCESS FOR EXCLUSION APPLICA- CONTINUATION OF THE NATIONAL f TIONS.—Not later than 180 days after the date EMERGENCY WITH RESPECT TO ANNOUNCEMENT BY THE SPEAKER of the enactment of this Act, the Federal Trade Commission shall issue regulations, in SIGNIFICANT NARCOTICS TRAF- PRO TEMPORE FICKERS CENTERED IN COLOM- accordance with section 553 of title 5, United BIA—MESSAGE FROM THE The SPEAKER pro tempore. Pursu- States Code, that set forth the process by which a business may apply for an exclusion PRESIDENT OF THE UNITED ant to clause 8 of rule XX, the Chair will postpone further proceedings under section 615(e)(4)(D) of the Fair Credit STATES (H. DOC. NO. 111–70) Reporting Act. today on motions to suspend the rules The SPEAKER pro tempore laid be- on which a recorded vote or the yeas The SPEAKER pro tempore. Pursu- fore the House the following message and nays are ordered, or on which the ant to the rule, the gentleman from from the President of the United vote incurs objection under clause 6 of New Jersey (Mr. ADLER) and the gen- tleman from New York (Mr. LEE) each States; which was read and, together rule XX. with the accompanying papers, referred will control 20 minutes. Record votes on postponed questions The Chair recognizes the gentleman to the Committee on Foreign Affairs will be taken after 6:30 p.m. today. and ordered to be printed: from New Jersey. f To the Congress of the United States: GENERAL LEAVE Section 202(d) of the National Emer- FAIR CREDIT REPORTING ACT Mr. ADLER of New Jersey. Mr. Speaker, I ask unanimous consent that gencies Act, 50 U.S.C. 1622(d), provides AMENDMENT all Members may have 5 legislative for the automatic termination of a na- Mr. ADLER of New Jersey. Mr. days within which to revise and extend tional emergency unless, prior to the Speaker, I move to suspend the rules their remarks on this legislation and anniversary date of its declaration, the and pass the bill (H.R. 3763) to amend to insert extraneous material thereon. President publishes in the Federal Reg- the Fair Credit Reporting Act to pro- The SPEAKER pro tempore. Is there ister and transmits to the Congress a vide for an exclusion from Red Flag objection to the request of the gen- notice stating that the emergency is to Guidelines for certain businesses. tleman from New Jersey? continue in effect beyond the anniver- The Clerk read the title of the bill. There was no objection. sary date. In accordance with this pro- The text of the bill is as follows: Mr. ADLER of New Jersey. Mr. vision, I have sent to the Federal Reg- H.R. 3763 Speaker, I yield myself as much time ister for publication the enclosed no- Be it enacted by the Senate and House of Rep- as I may consume. tice stating that the emergency de- resentatives of the United States of America in First, I want to thank Representa- clared with respect to significant nar- Congress assembled, tives MICHAEL SIMPSON from Idaho,

VerDate Nov 24 2008 04:28 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\A20OC7.006 H20OCPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE H11468 CONGRESSIONAL RECORD — HOUSE October 20, 2009 PAUL BROUN from Georgia, particularly role in decreasing the number of Amer- those of us on our side came together CHRIS LEE from New York, as well as icans impacted by identity theft each on this. And I think that’s the way DAN MAFFEI from New York for helping and every year. Additionally, a policy that this House ought to operate. me draft this bipartisan bill to help change enacted in 2003 required large I congratulate Mr. ADLER for what he protect small businesses from over- financial institutions and creditors to has done and other colleagues on both reaching Federal regulations during develop and implement identity theft sides for bringing forth this common- these tough economic times. In addi- programs to increase consumer protec- sense legislation. I would personally tion, I would like to thank Jon tions. like to thank my colleagues, Mr. Leibowitz, chairman of the FTC, for de- Unfortunately, however, the Federal ADLER and Dr. SIMPSON, for their tire- laying enforcement of the Red Flag Trade Commission, the government less efforts as we worked to put this Guidelines until Congress passes this body responsible for enforcing these very effective, commonsense legisla- commonsense fix. guidelines, has gone too far in defining tion together. I also want to thank the American small businesses are strug- the intent of the law and has chosen to committee staff that helped in this gling. They are often forced to comply apply the guidelines to all businesses, process. with burdensome regulations that sig- large and small. While these reporting This legislation is a very specific ex- nificantly increase their expenses. I am requirements are no doubt necessary emption without which it would cost so committed to helping small businesses, for large businesses and corporations many small businesses thousands of because the key to our economic recov- with thousands of customers, FTC has dollars to unnecessarily implement. ery is tied to their ability to thrive. issued rules that it will soon begin to But it also allows the FTC the ability Today, my bill will clarify the inten- impose, forcing the same regulation re- to exempt other businesses that aren’t tion of past legislation so that it isn’t quirements for small businesses as one of the three industries outlined in blindly enforced against America’s well. this bill. And that just makes sense, small businesses. Small businesses know their cus- also. The Federal Trade Commission went tomers, and they have a more personal When enacted, H.R. 3763 will truly re- too far and went beyond the intent of relationship with those they do busi- flect the original intent of the FACT Congress by considering non-financial, ness with. If not addressed by this Con- Act and codify an exemption for health service-related industries to be ‘‘credi- gress, small businesses will soon be care providers, accounting firms and law firms that were never meant to be tors’’ under the Fair and Accurate mandated to follow these excessive re- wrapped in this overarching Red Flag Credit Transactions Act of 2003. Its rul- quirements that will place an undue legislation. ing would force thousands of small burden on them while not providing So, again, I would like to thank Mr. businesses to comply with burdensome, any real increase to consumer protec- ADLER, Mr. LEE and Dr. SIMPSON and expensive regulations by forcing them tions. each and every person who helped bring Specifically, the bill before us today to develop and implement an identity this legislation to fruition. This is the theft program. will exempt accounting, legal and the way we ought to operate. And I think My commonsense bill would exempt health care practices with 20 or fewer it is just a great day for this Congress health care practices, law and account- employees from the reporting require- as we, as Democrats and Republicans, ing firms from the FTC’s Red Flag ment. Importantly, it also provides came together on this commonsense Guidelines. In addition, it would create FTC with the option of excluding other legislation. a system where the FTC has some small businesses that know all its cus- Mr. ADLER of New Jersey. Mr. flexibility to waive implementation of tomers individually and perform serv- Speaker, I continue to reserve the bal- the regulations for other industries. ices near where its customers live. By ance of my time. During these tough economic times, passing this fix today, Congress can Mr. LEE of New York. Mr. Speaker, I the Federal Government should not be provide the FTC a clear definition of have no further requests for time, so I placing burdensome regulations on how Congress intended the policy to be will close by encouraging my col- small businesses. Small businesses are enacted and protect small businesses leagues on both sides of the aisle to the backbone of New Jersey’s economy, and their customers from unnecessary support this much-needed legislation and they shouldn’t be included under a government intervention. that will ensure that small businesses random definition interpreted by a As a cosponsor of this important leg- are not encumbered with more burden- Federal bureaucracy. Failure to pass islation, I urge its immediate adoption. some Federal regulation and ensure this bill today will hurt America and I reserve the balance of my time. that we can get this economy back and the hardworking, innovative entre- Mr. ADLER of New Jersey. I continue moving forward. preneurs that manage and operate to reserve the balance of my time. With that, I yield back the balance of small businesses across this great Mr. LEE of New York. With that, I my time. country. would like to yield 3 minutes to my Mr. ADLER of New Jersey. Mr. Again, I applaud the bipartisan way good friend from Georgia (Mr. BROUN). Speaker, I have no further requests for we crafted this legislation and urge the Mr. BROUN of Georgia. Mr. Speaker, time. I yield myself as much time as I rest of my colleagues to vote in favor I thank my colleague, CHRIS LEE from may consume. of this bill. New York, for yielding me some time. Before I close, I would like to reit- Mr. Speaker, I reserve the balance of Mr. Speaker, it is a pleasure for me erate the importance of this bill. Many my time. to come before you today to speak in of America’s economic problems are Mr. LEE of New York. Mr. Speaker, I favor of this bipartisan, commonsense not the fault of small businesses, but yield myself such time as I may con- bill which will help so many of our they have borne the brunt of the eco- sume. small businesses in our country. In my nomic downturn. My legislation, Mr. Mr. Speaker, I rise today in strong opinion, the manner in which this leg- LEE’s legislation, Mr. BROUN’s legisla- support of H.R. 3763, which will exempt islation was crafted, with input from tion, Mr. SIMPSON’s and Mr. MAFFEI’s, a small businesses from cumbersome both sides of the aisle, with the FTC bipartisan piece of legislation, will pre- government regulations regarding and with the various sectors that vent one more layer of Federal regula- identity theft, and I appreciate the would be adversely affected if we had tions that would add another cost on leadership of my friend from New Jer- not acted, is the model for how this the backs of small businesses across sey. House can work to actually solve the America. There is no question that identity problems facing our country. Again, I urge all Members of Con- theft is a serious problem in this coun- I wish very ardently that we could gress to support this bill. I thank Mr. try. Millions of Americans every year get together, Republicans and Demo- BROUN for his comments about the bi- have their credit affected by identity crats alike, and find some common- partisan nature of this bill. This is my thieves, prompting previous Congresses sense solutions to the health care fi- and Mr. LEE’s second bill together. I to enact measures to increase aware- nancing in this country the same way hope it’s the second of many to try to ness and education about the issue. that my friend, Mr. ADLER, and the serve the process of this House and to These actions have played a significant rest of the Democratic colleagues and serve the people of our great country.

VerDate Nov 24 2008 03:13 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.011 H20OCPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE October 20, 2009 CONGRESSIONAL RECORD — HOUSE H11469 Mr. SIMPSON. Mr. Speaker, I rise today to Mr. ADLER of New Jersey. Mr. sent, H.R. 3319 enjoys the support of speak in support to H.R. 3763, to amend the Speaker, on that I demand the yeas the entire California House delegation. Fair Credit Reporting Act to provide for an ex- and nays. A native of Portola, California, Army clusion from Red Flag Guidelines for certain The yeas and nays were ordered. Specialist Jeremiah McCleery proudly businesses. This bill is a bipartisan, common- The SPEAKER pro tempore. Pursu- served in support of Operation Iraqi sense approach to protecting our nation’s ant to clause 8 of rule XX and the Freedom with the United States small businesses from needless, burdensome Chair’s prior announcement, further Army’s 1st Battalion, 12th Cavalry government regulation. This legislation would proceedings on this motion will be Regiment, 3rd Brigade Combat Team, exempt certain businesses, including health postponed. 1st Calvary Division out of Fort Hood, providers, from complying with the Red Flags f Texas. Regrettably, Specialist Rule, which requires financial institutions and McCleery and his friend and fellow Cal- creditors to develop and implement a written b 1430 ifornian, Army Specialist Jake identity theft program. ARMY SPECIALIST JEREMIAH Velloza, died on May 2 from wounds The bill recognizes that many of our nation’s PAUL MCCLEERY POST OFFICE sustained after those two soldiers were small businesses, particularly health providers, BUILDING shot by enemy forces in Mosul, Iraq. are not financial institutions and therefore do Specialist McCleery was just 24 years not present the same level of risk as financial Mr. LYNCH. Mr. Speaker, I move to old at the time of his death. institutions in cases of identity theft. In fact, suspend the rules and pass the bill Specialist McCleery’s heroic commit- many of these medical and dental offices were (H.R. 3319) to designate the facility of ment to the United States military considered creditors under the rule simply be- the United States Postal Service lo- began at the age of 4 after his father, cause of the fact that they are willing to work cated at 440 South Gulling Street in Joe McCleery, took his young son to with patients on developing flexible payment Portola, California, as the ‘‘Army Spe- Twentynine Palms, California, to plans for those patients that can’t afford to pay cialist Jeremiah Paul McCleery Post watch the homecoming of a unit of at the time of service. Thus, this rule actually Office Building’’. United States Marines returning from appeared to discourage efforts to improve ac- The Clerk read the title of the bill. the 1991 Persian Gulf War. The oppor- cess to care for people who can’t afford to The text of the bill is as follows: tunity to witness the triumphant re- pay, which runs contrary to all of Congress’s H.R. 3319 turn of those brave American soldiers efforts, on both sides of the aisle, to improve Be it enacted by the Senate and House of Rep- prompted Specialist McCleery’s life- our health system. resentatives of the United States of America in long desire to serve his country. When Congress expressed those concerns Congress assembled, Even as a young boy, Specialist to the Federal Trade Commission (FTC), they SECTION 1. ARMY SPECIALIST JEREMIAH PAUL McCleery was passionate about becom- MCCLEERY POST OFFICE BUILDING. delayed the implementation of the rule twice, ing a member of America’s military. As (a) DESIGNATION.—The facility of the a child, he spent hours in his backyard in April and again in August, as they worked United States Postal Service located at 440 with providers and other small businesses in South Gulling Street in Portola, California, playing the role of soldier, and soon an effort to minimize the burdens of compli- shall be known and designated as the ‘‘Army enough he joined the Boy Scouts of ance and address their concerns with the pro- Specialist Jeremiah Paul McCleery Post Of- America and subsequently the Civil Air gram. I would like to recognize and thank the fice Building’’. Patrol. FTC for their efforts. However, as this bill (b) REFERENCES.—Any reference in a law, While he intended to enlist in the demonstrates, Congress believes that entities map, regulation, document, paper, or other United States Army following his grad- record of the United States to the facility re- such as health providers, accountants and uation from Portola High School in ferred to in subsection (a) shall be deemed to 2004, Specialist McCleery delayed his others were never meant to be included in the be a reference to the ‘‘Army Specialist Jere- definition of creditor. This legislation is an ap- miah Paul McCleery Post Office Building’’. enlistment after his beloved mother, propriate next step to better defining who is a Mrs. Collette McCleery, was diagnosed The SPEAKER pro tempore. Pursu- with cancer during his senior year. creditor and protecting our small businesses ant to the rule, the gentleman from from needless costs and regulations. Specialist McCleery decided to stay Massachusetts (Mr. LYNCH) and the I would like to thank Chairman FRANK and with his family during his mother’s gentleman from California (Mr. Ranking Member BACCHUS for working with us battle with cancer, and only went on MCCLINTOCK) each will control 20 min- to craft a balanced bill to address all parties’ with his life’s desire of enlisting in the utes. concerns. In addition, I would like to thank military after his mother passed away The Chair recognizes the gentleman Congressman ADLER and Congressman in 2005. So, in addition to his dedica- from Massachusetts. BROUN—I have greatly enjoyed working with tion to the United States Army, Spe- you on this legislation. In addition, 1 would like GENERAL LEAVE cialist McCleery will be equally re- to thank tile FTC for their willingness to work Mr. LYNCH. Mr. Speaker, I ask unan- membered for his steadfast devotion to with us to address the concerns of medical imous consent that all Members may his family, especially his father, Joe, providers and small businesses alike. They have 5 legislative days within which to and his sister, Chastity. have been a true partner in this process, and revise and extend their remarks. Specialist McCleery enjoyed the out- I would like to recognize their efforts to ad- The SPEAKER pro tempore. Is there doors, and specifically loved hunting, dress our concerns with this rule. objection to the request of the gen- riding four-wheelers, and sport shoot- Mr. Speaker, during these difficult economic tleman from Massachusetts? ing with his friends, but without a times, it is more important than ever that gov- There was no objection. doubt his favorite outdoor pastime was ernment push forward legislation to promote Mr. LYNCH. Mr. Speaker, I now yield always fishing with his dad. Although small businesses in America. In addition, we myself such time as I may consume. he is no longer with us, Specialist should be working with America’s dentists and Mr. Speaker, as chairman of the McCleery’s memory will live on with doctors to promote policies that improve ac- House subcommittee with jurisdiction his friends and family and all those cess to care instead of burdening them with over the United States Postal Service, who were fortunate enough to know unnecessary rules and compliance measures. I am very proud this afternoon to this great young American. This legislation does exactly that. present H.R. 3319 for consideration. Mr. Speaker, Army Specialist Jere- Mr. ADLER of New Jersey. I yield This measure, if passed, will designate miah McCleery’s life stands as a shin- back the remainder of my time. the postal facility located at 440 South ing example of the bravery and dedica- The SPEAKER pro tempore. The Gulling Street in Portola, California, tion of the heroic men and women who question is on the motion offered by as the ‘‘Army Specialist Jeremiah Paul serve our great Nation at home and the gentleman from New Jersey (Mr. McCleery Post Office Building.’’ abroad. I urge all my colleagues to join ADLER) that the House suspend the Introduced by my colleague and me in honoring this fine American sol- rules and pass the bill, H.R. 3763. friend Representative TOM MCCLINTOCK dier by designating the postal facility The question was taken. of California on June 23, 2009, and fa- at 440 South Gulling Street in Portola, The SPEAKER pro tempore. In the vorably reported out of the Oversight California, in his memory. opinion of the Chair, two-thirds being and Government Reform Committee on Mr. Speaker, I reserve the balance of in the affirmative, the ayes have it. September 10, 2009, by unanimous con- my time.

VerDate Nov 24 2008 03:13 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\A20OC7.017 H20OCPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE H11470 CONGRESSIONAL RECORD — HOUSE October 20, 2009 Mr. MCCLINTOCK. Mr. Speaker, I Two U.S. soldiers—Jeremiah McCleery honoring Army Specialist Jeremiah yield myself such time as I may con- and his best friend, Jake Velloza—were McCleery through the passage of H.R. sume. killed in that attack and three others 3319. I want to thank my colleague from were wounded. So on May 14, the day Mr. HELLER. Mr. Speaker, I rise today to Massachusetts for his tribute to Army before he was supposed to return to a express my heartfelt support for H.R. 3319 Specialist Jeremiah Paul McCleery and happy homecoming and an impending which will designate the facility of the United to urge support of H.R. 3319 that names marriage, Jeremiah McCleery returned States Postal Service located at 440 South the United States Post Office in to his hometown to be buried beside his Gulling Street in Portola, California, as the Portola in his memory. Miah McCleery mother in Portola. ‘‘Army Specialist Jeremiah Paul McCleery grew up in that town, and to that town The local paper described his return Post Office Building.’’ he returned as a fallen hero at the age with these words, which speak volumes Jeremiah McCleery was born in Glendora, of 24. about the community which helped to California, to parents Colette and Joe Let me tell you a little bit more mold this American hero. They re- McCleery on April 5, 1985. Jeremiah grew up about him. His best friend was his fa- ported, ‘‘Across the Sierra Valley peo- in a very close family and was well known for ther, Joe. A high school friend, Josh ple lined the highway, some with their telling jokes and seeing the humor in life. He Rogers, was asked when Jeremiah was hands over their hearts as a mark of enjoyed the outdoors and spent a great deal the happiest. Josh replied, He was respect. In Portola, streets were lined of time fishing, camping, working on his truck, happiest whenever he was doing any- with flag-waving citizens. Shopowners and sport shooting. thing with his dad. left their stores to join in, temporarily Jeremiah wanted to join the Army since he As my friend from Massachusetts suspending business as usual.’’ was 4 years old when his father took him to said, when Jeremiah was 4 years old, Mr. Speaker, I wanted to share a lit- watch the triumphant return of U.S. soldiers his dad took him out to see the return- tle of what I have learned about Jere- from the 1991 Persian Gulf War. The out- ing American soldiers from the first miah McCleery because it helps to an- pouring that greeted American forces during Gulf War; as Shakespeare said, ‘‘This swer the question that James Michener that homecoming made a lasting impression story shall the good man teach his first asked, ‘‘Where do we get such on the young Jeremiah and set him on a path son.’’ It was from that moment in 1991 men?’’ Well, we get them from the to serve his country. Since that day, he was that Jeremiah wanted, more than any- heart and soul of America. We get a Boy Scout and joined the Civil Air Patrol. thing, to serve his country. them from good and decent families Later Jeremiah enlisted in the Army on June Joe and Collette moved their family like the McCleerys. We get them from 2007. Jeremiah was assigned to the 1st Bat- to the little town of Portola in 1996, little towns like Portola, California. talion, 12th Cavalry Regiment, 3rd Brigade where they built their home them- Over the summer, I had the honor to Combat Team, 1st Cavalry Division at Ft. selves as a family. It was in Portola visit the men and women who guard Hood, Texas, and was deployed to Iraq. Trag- where Miah McCleery grew up. the Tomb of the Unknown Soldier at ically, on May 2, 2009, Jeremiah was shot and If you want a sense of the character Arlington National Cemetery. The killed at a combat outpost in Hammam Alil, of this young man, just spend a few painstaking care and the meticulous Iraq, north of Baghdad. Spc. Jeremiah minutes with those who knew him. His precision with which these young men McCleery gave his life while defending his older sister, Lynette Flanagan, tells of and women discharge their duties in country in Iraq. how Miah would take on much older withering heat and in freezing cold 24 My family and I extended our heartfelt sym- boys at school—not in his own defense, hours a day, 365 days a year is leg- pathy and condolences to Jeremiah’s father but in the defense of others. She said, endary. I asked them why they did it, who lives in Sparks, Nevada, who has suf- ‘‘He once got sent to the principal’s of- and one of them told me, ‘‘We do it to fered this deep loss. We are committed to pro- fice for getting into a fight. When my tell our country that we will never for- viding full support for their needs. I also re- mother arrived at school, Jeremiah get.’’ main dedicated to fulfilling all of America’s was not sorry for his actions. He ex- For that reason, I bring this bill to promises to those who faithfully serve our na- plained with pride that he had stood up the House today with the unanimous tion and to their families. Therefore, I urge all to a bully who had slapped a little girl. support of the Portola City Council, of my colleagues to support H.R. 3319, which Jeremiah was never afraid to stand up the entire California congressional del- will honor Specialist Jeremiah Paul McCleery for what he believed in, even if that egation, and the entire community for his sacrifice. would get him into trouble. It didn’t that watched Jeremiah McCleery grow Mr. LYNCH. Mr. Speaker, I yield matter if the bully was twice his size, from a boy to a man and, ultimately, back the balance of my time. he wouldn’t back down.’’ to return as a hero. We ask that the The SPEAKER pro tempore. The Jeremiah was a Boy Scout, he joined Congress name the local post office in question is on the motion offered by the Civil Air Patrol, and he planned to honor of Army Specialist Jeremiah the gentleman from Massachusetts enlist in the Army as soon as he grad- Paul McCleery to tell our countrymen (Mr. LYNCH) that the House suspend uated from Portola High School in 2004, that we will never forget, and also to the rules and pass the bill, H.R. 3319. but that year his mother, Collette, was express our awe and our gratitude that The question was taken. diagnosed with cancer and he stayed humanity has, within itself, a small The SPEAKER pro tempore. In the there with his family until she died. In band of brothers like Jeremiah opinion of the Chair, two-thirds being 2007, he finally enlisted. When his sis- McCleery who step forward not for in the affirmative, the ayes have it. ter, Chastity, begged him not to go, he treasure or profit or even to defend Mr. LYNCH. Mr. Speaker, on that I said that he felt that by going into the their own freedom, but, rather, to win demand the yeas and nays. military he was protecting his family. the freedom of a people half a world The yeas and nays were ordered. By all accounts, he was an exemplary away. And they do it because their The SPEAKER pro tempore. Pursu- soldier who commanded the friendship country asks them to and because it is ant to clause 8 of rule XX and the and respect of his colleagues. While at virtuous and noble. Chair’s prior announcement, further Fort Hood, he became close friends We owe these men and their grieving proceedings on this motion will be with another Californian, Jake Velloza, families a debt that we can never postponed. and they shipped out to Iraq together. repay, except to honor their memory f Before that, he had fallen in love with and to keep their sacrifice always in Amanda Harazin while stationed at mind, those who gave up everything to EXTENSION OF COMMERCIAL Fort Hood. Amanda is known as ‘‘A-J’’ proclaim liberty throughout all the SPACE TRANSPORTATION LI- to her friends, but Jeremiah called her land and unto all the inhabitants ABILITY REGIME the ‘‘love of his life.’’ They were to thereof. Mr. GORDON of Tennessee. Mr. have been married on May 30, but on Mr. Speaker, I yield back the balance Speaker, I move to suspend the rules May 2, outside of Mosul, Iraq, at a com- of my time. and pass the bill (H.R. 3819) to extend bat outpost in Hammam Alil, Amer- Mr. LYNCH. Mr. Speaker, again, I en- the commercial space transportation ican soldiers were attacked by two courage our friends on both sides of the liability regime. gunmen wearing Iraqi police uniforms. aisle to join with Mr. MCCLINTOCK in The Clerk read the title of the bill.

VerDate Nov 24 2008 03:13 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.015 H20OCPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE October 20, 2009 CONGRESSIONAL RECORD — HOUSE H11471 The text of the bill is as follows: ing regime has enabled the develop- So, Mr. Speaker, in closing, I would H.R. 3819 ment and sustainment of a commercial like to thank Ranking Member RALPH Be it enacted by the Senate and House of Rep- space launch industry in the U.S., in- HALL, Space and Aeronautics Chair- resentatives of the United States of America in cluding the emergence of several new woman GABRIELLE GIFFORDS, and sub- Congress assembled, companies in recent years. committee Ranking Member PETE SECTION 1. COMMERCIAL SPACE TRANSPOR- In addition, the regime has allowed OLSON for cosponsoring this important TATION LIABILITY REGIME EXTEN- U.S. companies to remain competitive legislation. I want to extend my SION. with their international counterparts, thanks to Dick Obermann, who is the Section 70113(f) of title 49, United States almost all of whose governments pro- staff director for our subcommittee, Code, is amended by striking ‘‘December 31, vide similar or more generous risk- and his very good team. 2009.’’ and inserting ‘‘December 31, 2012.’’. sharing liability regimes to that of the This is a good bipartisan bill, and I The SPEAKER pro tempore. Pursu- U.S. urge Members to support it. ant to the rule, the gentleman from I should note that, in the Commer- I reserve the balance of my time. Tennessee (Mr. GORDON) and the gen- cial Space Launch Amendments Act of Mr. EHLERS. I yield myself such tleman from Michigan (Mr. EHLERS) 2004, we directed that there be an inde- time as I may consume. each will control 20 minutes. pendent review of the current risk- Mr. Speaker, I rise today in support The Chair recognizes the gentleman sharing regime to see whether or not it of H.R. 3819, extending the current from Tennessee. was working and whether it needed to commercial space transportation li- GENERAL LEAVE be continued or passed, and that review ability regime through the end of 2012. Mr. GORDON of Tennessee. Mr. was completed in 2006. I think a num- The economic competitiveness of the Speaker, I ask unanimous consent that ber of the review’s findings bear men- U.S. commercial launch industry is all Members may have 5 legislative tioning; and, therefore, I will quote a vital to our national interests. Domes- days to revise and extend their re- couple of those. tic commercial launch services are an marks and to include extraneous mate- First of all: ‘‘Private liability insur- integral part of our Nation’s infra- rial on H.R. 3819, the bill now under ance capacity remains fragile and far structure and high-technology econ- consideration. below what would be needed to com- omy. Commercial launch services are used to launch a variety of U.S. civil The SPEAKER pro tempore. Is there pensate for government indemnifica- and national security payloads, includ- objection to the request of the gen- tion if it were eliminated.’’ ing communications, weather, remote tleman from Tennessee? Secondly: ‘‘Foreign competition has sensing, GPS, and other systems. We There was no objection. increased, and all credible inter- can scarcely imagine a society today Mr. GORDON of Tennessee. Mr. national competitors have risk-sharing which does not need to have those par- Speaker, I yield myself such time as I schemes rivaling or surpassing that of the U.S.’’ ticular devices available. may consume. Finally: ‘‘The current regime has be- The current commercial space launch Mr. Speaker, I rise today to speak in come the industry standard. Its elimi- indemnification regime has been in strong support of H.R. 3819, a bill to ex- nation could send the wrong signal to place since 1988 and has been renewed tend the current commercial space international customers and competi- four times. It has helped protect U.S. transportation liability regime. tors and would be a negative factor in commercial launch providers against First established by Congress as part the competition for global launch busi- catastrophic third-party liability when of the Commercial Space Launch Act ness.’’ conducting FAA-licensed launch ac- Amendments of 1988, the commercial In sum, the commercial space trans- tivities. Since its inception, there has space transportation risk-sharing li- portation liability and insurance re- never been a loss that would trigger ability and insurance regime has been gime has worked. It has not cost the this regime, and Congress has never extended four times since its original American taxpayers a single dollar in had to appropriate any funds. enactment. The current extension ex- claims payments to date. It has By ensuring adequate liability cov- pires on December 31 of this year, and strengthened U.S. competitiveness in erage, this system has strengthened it is therefore important for Congress commercial space launch, and it is not U.S. competitiveness in a global space to act now so that there is sufficient a blank check, since any potential launch market, and it has enabled pri- time for this legislation to make its claims payments must be subject to vate-sector investment to develop new way to the President before the current prior congressional appropriation. The entries into the market. In other authority expires. bill before us today extends the liabil- words, this regime has worked well by The liability and insurance regime ity risk-sharing regime for a period of not being used. It has cost nothing, and that would be extended by this legisla- 3 years. it has given our space enterprises a big tion is three-tiered and was originally As Members may know, there cur- boost. modeled on the Price-Anderson Act rently is debate on the potential role Over the last 20 years, competition that governs liability risk-sharing to be played by would-be commercial from foreign launch providers, includ- under the nuclear power industry. providers of crew transportation to the ing China, France, India, and Russia, Under the regime, commercial space international space station. At present, has grown significantly. At the same launch providers licensed by the U.S. no such commercial crew transpor- time, the overall number of launch op- Government are required to provide tation systems exist. Before a mean- portunities has decreased. The com- third-party liability insurance to com- ingful decision can be made on the po- mercial space transportation liability pensate for maximum probable losses tential role of commercially provided regime enables U.S. launch providers from third-party claims up to a level of crew transportation in meeting govern- to operate without ‘‘betting the com- $500 million. For claims above those mental needs, important policy and pany’’ with every launch. In a competi- maximum probable losses, the U.S. safety issues will have to be addressed. tive market with narrow returns, this Government may pay successful liabil- The most optimistic projections of has been a vital link in strengthening ity claims up to $1.5 billion in 1989 dol- the would-be commercial providers are this vital industry. lars above the insurance level, subject that it will be at least 3 years before I join with the Chair of the Science to funds being appropriated by Con- such crew transportation systems Committee in urging my colleagues to gress for that purpose. could be developed, and many inde- support the U.S. commercial launch in- pendent observers argue it will be b 1445 dustry and to vote for H.R. 3819. longer than that. Therefore, the dura- Mr. EHLERS. I have no other speak- Finally, for successful claims above tion of the extension contained in this ers, so I yield back the balance of my those amounts, the licensee assumes bill is limited so as not to prejudge the time. responsibility for payment. outcome of the deliberations on those Mr. GORDON of Tennessee. Mr. To date, not a single dollar has had policy and safety issues or to take a Speaker, I yield back the balance of to be appropriated by the U.S. Govern- position on the role to be played by my time. ment to pay third-party claims, but commercial crew transportation sys- The SPEAKER pro tempore. The the existence of the liability risk-shar- tems. question is on the motion offered by

VerDate Nov 24 2008 03:13 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.018 H20OCPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE H11472 CONGRESSIONAL RECORD — HOUSE October 20, 2009 the gentleman from Tennessee (Mr. courage students to explore creative rep- participate in National Chemistry GORDON) that the House suspend the resentations of the elements in the Periodic Week activities this year. rules and pass the bill, H.R. 3819. Table, and generally act as ‘‘chemistry am- They will be working to design The question was taken; and (two- bassadors’’ who emphasize the importance hands-on activities, to provide dem- and contributions of chemistry to daily life: thirds being in the affirmative) the Now, therefore, be it onstrations and to develop exhibits. rules were suspended and the bill was Resolved, That the House of Representa- Through these activities, they will help passed. tives— stimulate the interest of young people A motion to reconsider was laid on (1) recognizes that the contributions of in chemistry and in pursuing careers in the table. chemical scientists and engineers have cre- science and technology. ated new jobs, boosted economic growth, and f So, Mr. Speaker, I congratulate the improved the Nation’s health and standard American Chemical Society for its ef- SUPPORTING THE GOALS AND of living; forts to establish and to sustain Na- (2) supports the goals and ideals of Na- IDEALS OF NATIONAL CHEM- tional Chemistry Week. ISTRY WEEK tional Chemistry Week; and (3) encourages the people of the United Once again, I thank Mr. REYES and Mr. GORDON of Tennessee. Mr. States to observe National Chemistry Week his cosponsors for introducing this res- Speaker, I move to suspend the rules with appropriate recognition, activities, and olution, and I urge my colleagues to and agree to the resolution (H. Res. programs to demonstrate the importance of join me in recognizing the importance 793) supporting the goals and ideals of chemistry to everyday life. of chemistry in our daily lives and the National Chemistry Week. The SPEAKER pro tempore. Pursu- positive impact of National Chemistry The Clerk read the title of the resolu- ant to the rule, the gentleman from Week by supporting H. Res. 793. tion. Tennessee (Mr. GORDON) and the gen- I reserve the balance of my time. The text of the resolution is as fol- tleman from Michigan (Mr. EHLERS) Mr. EHLERS. I yield myself as much lows: each will control 20 minutes. time as I may consume. H. RES. 793 The Chair recognizes the gentleman Mr. Speaker, I rise in support of H. Whereas chemistry is a vitally important from Tennessee. Res. 793, supporting the goals and field of science and technology that has GENERAL LEAVE ideals of National Chemistry Week. transformed the world and improved the Mr. GORDON of Tennessee. Mr. This year marks the 21st anniversary quality of life around the globe; Speaker, I ask unanimous consent that of National Chemistry Week. It is a Whereas the chemical sciences have cre- all Members may have 5 legislative concept that was first introduced in ated an infrastructure that delivers the days to revise and extend their re- 1987 by the American Chemical Soci- foods, fuels, medicines, and materials that ety, the world’s largest scientific soci- are the hallmarks of modern life; marks and to include extraneous mate- rial on H. Res. 793, the resolution now ety and one of the premier scientific Whereas the contributions of chemical sci- societies in our Nation. Over the past entists and engineers are central to techno- under consideration. logical progress and to the health of many The SPEAKER pro tempore. Is there 20 years, this annual event has proven industries, including the chemical, pharma- objection to the request of the gen- to be a great success, and it will con- ceutical, electronics, agricultural, auto- tleman from Tennessee? tinue this week with various events, motive, and aerospace industries, and these There was no objection. celebrating the impact chemistry has contributions boost economic growth, create Mr. GORDON of Tennessee. I yield made on our society from the very be- new jobs, and improve health and standards myself such time as I may consume. ginning. of living; Mr. Speaker, I rise today in strong Designed to reach out to the public, Whereas, in order to foster the innovation especially elementary and secondary that will ensure the Nation’s global competi- support of H. Res. 793, a resolution rec- tiveness, schools must cultivate the finest ognizing the importance of chemistry schoolchildren, the National Chemistry scientists, engineers, and technicians from and honoring National Chemistry Week program will emphasize the im- every background and neighborhood, with a Week. portance of chemistry in everyday life particular focus on increasing access to I want to commend the gentleman with this year’s theme, ‘‘Chemistry— science, technology, engineering, and math from Texas (Mr. REYES) for introducing It’s Elemental,’’ which will celebrate education for Latinos, African-Americans, this resolution. the Periodic Table of Elements. Cre- women, and other underrepresented students The importance of chemistry and ated 140 years ago this year by Dmitri in these fields; chemical engineering in our lives can- Mendeleev, the Periodic Table of Ele- Whereas National Chemistry Week was es- tablished in 1987 by the American Chemical not be overstated. These disciplines ments articulates the very basis of the Society, the world’s largest scientific soci- contribute to public health by helping universe, and it consists of common ety, to enhance public appreciation of the to keep our water clean and our food elements used in our everyday lives as chemical sciences and to educate the public, pure. They contribute to advances in well as some fairly exotic elements particularly school-age children, about the medicine through new biomaterials, which are rarely used in our everyday important role of chemistry in everyday life; drug design and drug delivery tech- lives. Whereas 2009 marks the 140th anniversary niques. They help make cleaner and Activities for the week will highlight of Dmitri Mendeleev’s creation of the Peri- more efficient energy technologies pos- the history of elements, the roles ele- odic Table of the Elements; Whereas the theme of National Chemistry sible, and they help keep toxins out of ments play in everyday life, the com- Week in 2009, ‘‘Chemistry—It’s Elemental’’, our homes and out of our natural envi- mon and not-so-common uses of ele- was chosen to raise public awareness about ronment through the development of ments, and the history of the periodic the importance of chemistry and the chem- green chemicals and materials. table. This week is a wonderful oppor- ical sciences by emphasizing that the ele- In short, chemistry and chemical en- tunity for the public to engage in var- ments, forming the basis of the universe, gineering contribute in immeasurable ious events designed to increase the play an integral role in daily life; ways to the economic strength, secu- knowledge and awareness of chem- Whereas many common elements, such as rity, and well-being of our Nation and istry’s everyday effects. copper in electrical wires, neon in lights, so- More than 10,000 volunteers from dium in table salt, and aluminum in soda all its citizens. For this reason, it is cans, are tangibly present in everyday life; important to get young people excited local areas, businesses and schools will Whereas more than 10,000 volunteers from about chemistry and interested in pur- unite this week to educate millions of industry, government, and academia will ob- suing careers in chemistry and in the children across the country. I am proud serve National Chemistry Week during the sciences in general. National Chem- to be a cosponsor of this resolution, week of October 18, 2009, by conducting istry Week plays a great role in this ef- and I urge my colleagues to join me in hands-on science activities with millions of fort. honoring all those who are volun- children in local schools, libraries, and mu- National Chemistry Week activities teering their time and who are pro- seums; and are carried out by local sections of the moting these various activities Whereas National Chemistry Week volun- teers will help provide resources to science American Chemical Society located in through National Chemistry Week. educators across the country, promote com- all parts of our Nation. It is estimated I would just like to add a few per- munity events for recycling common ele- that over 10,000 volunteers from indus- sonal observations of things that I’ve mental items such as aluminum cans, en- try, government, and academia will encountered during my lifetime as a

VerDate Nov 24 2008 03:13 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.021 H20OCPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE October 20, 2009 CONGRESSIONAL RECORD — HOUSE H11473 scientist. I’m a physicist, not a chem- b 1500 natural sciences to our students. It’s ist; but I have learned some chemistry. This year, more than 10,000 National critical that our schools continue to I remember speaking to a group about Chemistry Week volunteers, from both cultivate exceptional scientists, engi- environmental issues sometime back, the public and private sectors, will help neers and technicians from every back- and a lady came up to me afterwards, educate millions of children about the ground to help strengthen our Nation’s and was very concerned—actually, I practical applications of chemistry by competitiveness and to promote sci- would say distressed. engaging them through stimulating entific discovery and innovation in the She said, I’m terribly concerned hands-on science activities in local 21st century. about all these chemicals today and schools, in libraries and museums The SPEAKER pro tempore (Mr. what’s happening to us and what it’s around the whole country. GRIFFITH). The time of the gentleman doing to us and our bodies. During this year’s observance of Na- has expired. I said, Well, that’s certainly some- tional Chemistry Week, students and Mr. GORDON of Tennessee. I yield thing to be concerned about. Do you chemistry professionals will celebrate the gentleman an additional 30 sec- have any chemicals specifically that the theme ‘‘Chemistry—It’s Ele- onds. you’re worried about? mental.’’ This theme recognizes the Mr. HINOJOSA. I want to thank She said, No, no. All of them. 140th anniversary of Dmitri Chairman REYES from El Paso for in- So I asked her if she liked to eat or- Mendeleev’s creation of the periodic troducing this resolution, H. Res. 793, anges. She said, Oh, yes, I love oranges. table of the elements. The elements are and I thank Chairman GORDON for I said, In spite of the fact that the basis of the universe and of life on bringing it to the floor. Mr. Speaker, National Chemistry they’re filled with chemicals? Earth, composing the graphite in pen- Week is critically important in pro- She said she didn’t know they were cils, the tungsten in light bulbs and in moting STEM issues in our schools and filled with chemicals. neon lights, the copper for cooling ap- I said, Well, yes, things like vitamin in preparing our students to pursue ca- plications and the sodium in table salt, reers in STEM. I urge my colleagues to C and lots of other foods and chemicals almost everything we encounter in our that are very useful to your body. pass this bill. day-to-day activities. Mr. EHLERS. Mr. Speaker, I yield The point that I made to her is that The promotion of STEM education myself such time as I may consume. the question is not so much the chemi- and the advancement of minorities in cals; it’s which chemicals. We have to First of all I want to commend the the STEM areas have become increas- previous speaker, the gentleman from recognize which are bad chemicals for ingly important in my congressional individuals to ingest or to breathe and Texas (Mr. HINOJOSA). We work to- district and across the Nation. gether on the Education Committee, which ones are very good for us and Mr. Speaker, just last month, the are, in fact, very healthy. That’s the and I have always admired his deep in- University of Texas-Pan American in terest in science and his desire to make point of what the Chemical Society is Edinburg, Texas, held its eighth annual trying to develop here, that chemistry science available to and comprehen- Hispanic Engineering Science and sible to everyone in this Nation, in- is an integral part of life. It is not bad Technology Conference to promote the in and of itself. In fact, it can be good cluding those who have not had the op- importance of science literacy to thou- portunity to study it in elementary or in and of itself, but we should be aware sands of students, parents and teach- as legislators and as scientists of the high school. ers. It was a big success. I commend him for his deep interest. many great things that we have devel- HESTEC was created to address the Whenever I have needed help on this oped using chemistry which have im- shortage of scientists and engineers in issue of science and science education, proved living for people in this Nation our country. This year, the event drew Mr. HINOJOSA has jumped into the fray and in other nations throughout the more than 400,000 participants in deep with me, so I want to take a minute to world. south Texas. Since its inception in commend him on that. So let’s all join in this particular ef- 2002, the university has created an ex- I also want to commend the Chair of fort. Let’s recognize the tremendous ceptional pipeline of Hispanic sci- the Science Committee, who has also strides we have taken forward thanks entists and engineers. been very helpful in these efforts. As to chemistry and, for that matter, As chairman of the Subcommittee on most Members know, I was a professor physics and other sciences. Let’s recog- Higher Education, Lifelong Learning, for many years, a professor of physics. nize that these are, by and large, good and Competitiveness, I am proud to say I taught every course at the college for the people and good for the Nation. that in the past 2 years, Congress has level, from the simplest to the most Let’s all join in this great event which expanded educational opportunities in complicated. I have never lost my love recognizes what the American Chem- STEM education, particularly for for teaching, and particularly my ef- ical Society and chemists in general women and minority students, and au- fort to improve science education in have done for the past few years. thorized programs to recruit highly the elementary and secondary schools. Mr. Speaker, I reserve the balance of qualified teachers to high-need school Mr. HINOJOSA pointed out that if we my time. districts in the STEM areas with the do not produce a generation of sci- Mr. GORDON of Tennessee. Mr. passage of the College Cost Reduction entists out of those students who are Speaker, I yield 5 minutes to my and Access Act in 2007, as well as the currently in elementary and secondary friend, the gentleman from Texas (Mr. passage of the Higher Education Oppor- school, our Nation in the future will HINOJOSA). tunity Act in 2008. suffer because of that. On the next Mr. HINOJOSA. Thank you, Chair- This legislation made historic invest- topic which will be coming to the floor, man BART GORDON from Tennessee, for ments in higher education to strength- I will say more about that. yielding time. en STEM education and create a new It’s absolutely essential that we rec- Mr. Speaker, I rise today to support generation of minority workers in ognize how important it is for our stu- H. Res. 793, a resolution recognizing STEM fields. As you know, the House dents to learn these subjects. Parents the week of October 18 as National passed H.R. 3221, the Student Aid and must realize that. I always tell the stu- Chemistry Week. Fiscal Responsibility Act, last month dents, if you really want to make cer- I want to thank Congressman to increase affordability and accessi- tain you have a job after you get out of SILVESTRE REYES, co-Chair of the Di- bility in higher education. college, study science. You may end up versity and Innovation Caucus, for If the House-passed bill is signed into in medicine, as the Speaker pro tem- sponsoring this resolution. law, this legislation will provide $2.5 pore has, or you may end up in other The American Chemical Society, the billion over a 10-year period to fields. But it’s quite likely you are not world’s largest scientific society, es- strengthen minority-serving institu- going to get as good a job if you don’t tablished National Chemistry Week in tions in STEM areas and ensure that bother to learn science. This is just the 1987 to help educate the public, particu- the students they serve graduate and nature of the world today. larly school-aged children, about the become the engineers and scientists Mr. REYES. Mr. Speaker, I rise today in important role of the chemical sciences our country desperately needs. support of H. Res. 793, a resolution I intro- and their significant contributions to National Chemistry Week highlights duced to recognize the week of October 18th our quality of life. the importance of chemistry and the as National Chemistry Week.

VerDate Nov 24 2008 03:13 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00011 Fmt 7634 Sfmt 9920 E:\CR\FM\K20OC7.043 H20OCPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE H11474 CONGRESSIONAL RECORD — HOUSE October 20, 2009 The American Chemical Society, the world’s Ms. EDDIE BERNICE JOHNSON of Texas. standing of, and interest in, computer largest scientific society, established National Mr. Speaker, I rise today in support of House science and computing careers among Chemistry Week in 1987 to educate the pub- Resolution 793 to support the goals and ideals the public and in schools, and to ensure lic, particularly school age children, about the of National Chemistry Week. an ample and diverse future technology important role of the chemical sciences and This year, National Chemistry Week takes workforce through the designation of their significant contributions to our quality of place on October 18–24 and is a community- National Computer Science Education life. based annual event that unites local sections Week, as amended. This year, more than 10,000 National of the American Chemical Society, schools, The Clerk read the title of the resolu- Chemistry Week volunteers from both the pub- businesses, and individuals to communicate tion. lic and private sectors will help educate mil- the importance of chemistry in our daily life. The text of the resolution is as fol- lions of children about the practical applica- This year marks the 22nd Anniversary of Na- lows: tions of chemistry by engaging them through tional Chemistry Week, and events and dem- H. RES. 558 stimulating hands-on science activities in local onstrations will take place across the country schools, libraries, and museums around the Whereas computing technology has become to engage students of all ages. This year’s an integral part of culture and is trans- country. theme, ‘‘Chemistry—It’s Elemental,’’ empha- During this year’s observance of National forming how people interact with each other sizes the important role of elements in every- and the world around them; Chemistry Week, students and chemistry pro- day life and celebrates the 140th anniversary Whereas computer science is transforming fessionals will celebrate the theme ‘‘Chem- of Dmitri Mendeleev’s creation of the Periodic industry, creating new fields of commerce, istry—It’s Elemental!’’ This theme was chosen Table of Elements. driving innovation in all fields of science, to emphasize the 140th anniversary of Dmitri I have been a strong supporter of the and bolstering productivity in established Mendeleev’s creation of the Periodic Table of Science, Technology, Engineering, and Mathe- economic sectors; Whereas the field of computer science un- the Elements. The elements are the basis of matics (STEM) fields and have long encour- the universe and of life on Earth, composing derpins the information technology sector of aged students and teachers to hold STEM our economy, which is a significant contrib- graphite in pencils; tungsten in light bulbs and education in higher regard. It is well docu- neon lights; copper for cooling applications; utor to United States economic output; mented that science and math skills are be- Whereas the information technology sector and sodium in table salt—almost everything coming increasingly important to the U.S. is uniquely positioned to help with economic we encounter in our day-to-day activities. workforce, and with the creation of a new, recovery through the research and develop- Local El Paso college students are doing competitive, and complex global economy, we ment of new innovations; their part to promote chemistry in our commu- must ensure that we are educating the next Whereas National Computer Science Edu- nity by coordinating the Chemistry Circus. cation Week can inform students, teachers, generation of STEM professionals. Innovation Sponsored by the Department of Chemistry at parents, and the general public about the is a product of a sound knowledge in math, the University of Texas at El Paso and per- crucial role that computer science plays in formed by the American Chemical Society science, and engineering, and without this un- transforming our society and how computer Student Affiliates, the Chemistry Circus incor- derstanding, our ability to be innovative will science enables innovation in all science, porates short vignettes that explore many fun- decrease along with our ability to be competi- technology, engineering, and mathematics disciplines and creates economic opportuni- damental concepts of chemical science. The tive. For this reason, I believe it is incredibly im- ties; performances are presented throughout the Whereas providing students the chance to school year to K–12 audiences—and adults— portant to recognize the goals of National Chemistry Week to increase our under- participate in high-quality computer science emphasizing Texas science academic stand- activities, including through science scholar- ards. standing, and our students’ understanding, of ships, exposes them to the rich opportunities The promotion of student advancement and the chemical sciences. I applaud the American the field offers and provides critical thinking success in the STEM fields is one of my high- Chemistry Society’s efforts in this regard and skills that will serve them throughout their est priorities. In 2008, I founded the Diversity encourage my colleagues to join me in sup- lives; and Innovation Caucus with five of my col- porting House Resolution 793 for our students Whereas all students deserve a thorough preparation in science, technology, engineer- leagues in the House of Representatives in and the future of our economy. Mr. EHLERS. Mr. Speaker, I yield ing, and mathematics education, including order to generate policy ideas for increasing access to the qualified teachers, technology, the participation of underrepresented groups in back the balance of my time. Mr. GORDON of Tennessee. Mr. and age-appropriate curriculum needed to the fields of Science, Technology, Engineer- learn computer science at the elementary ing, and Mathematics, articulate the impor- Speaker, in conclusion, let me thank and secondary levels of education; tance of pro-STEM and pro-innovation policies Dr. EHLERS for bringing both his real- Whereas these subjects provide the critical for underrepresented groups in STEM fields, world experience to the Science Com- foundation to master the skills demanded by and communicate the importance of promoting mittee, as well as his passion for the our 21st century workforce; diversity in STEM for the achievement of work that we do there. He makes us a Whereas computer science education has better committee. challenges to address, including distin- America’s innovation and competitiveness guishing computer science from technology goals. I have no further requests for time, and I yield back the balance of my literacy and providing adequate professional Over the past year, I am proud to say that development for computer science teachers; the caucus has produced key legislative initia- time. Whereas the field of computer science has tives that promote the recruitment of highly- The SPEAKER pro tempore. The significant equity barriers to address, includ- qualified teachers to high-need school dis- question is on the motion offered by ing attracting more participation by females tricts, the development of laboratory facilities the gentleman from Tennessee (Mr. and underrepresented minorities to all levels at less privileged schools, and the recruitment GORDON) that the House suspend the and branches; of minority students to the STEM fields rules and agree to the resolution, H. Whereas Grace Murray Hopper, one of the through the reauthorization of the Higher Edu- Res. 793. first females in the field of computer science, engineered new programming languages and cation Act. The question was taken; and (two- thirds being in the affirmative) the pioneered standards for computer systems Emphasizing the importance of chemistry which laid the foundation for many advance- and the natural sciences to our students is es- rules were suspended and the resolu- ments in computer science; and sential to ensure that our schools continue to tion was agreed to. Whereas the week of December 7, in honor cultivate the finest scientists, engineers, and A motion to reconsider was laid on of Grace Hopper’s birthday, is designated as technicians from every background. Educating the table. ‘‘National Computer Science Education our children about the importance of chemistry f Week’’: Now, therefore, be it and the natural sciences will help strengthen Resolved, That the House of Representa- SUPPORTING COMPUTER SCIENCE our nation’s economic competitiveness and tives— AND COMPUTING CAREERS foster American ingenuity and innovation in (1) supports the designation of National AMONG THE PUBLIC AND IN Computer Science Education Week; the years ahead. SCHOOLS (2) encourages schools, teachers, research- Mr. Speaker, National Chemistry Week is a ers, universities, and policymakers to iden- vital component in the effort to promote STEM Mr. GORDON of Tennessee. Mr. tify mechanisms for teachers to receive cut- issues in our schools. I therefore urge my col- Speaker, I move to suspend the rules ting edge professional development to pro- leagues to support this effort through the pas- and agree to the resolution (H. Res. vide sustainable learning experiences in sage of this resolution. 558) supporting the increased under- computer science at all educational levels

VerDate Nov 24 2008 05:04 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\A20OC7.005 H20OCPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE October 20, 2009 CONGRESSIONAL RECORD — HOUSE H11475 and encourage students to be exposed to National Computer Science Education How did he start out? Computer computer science concepts; Week, and I yield myself so much time science. (3) encourages opportunities, including as I may consume. Is he a nerd? No, he’s not a nerd. through existing programs, for females and The purpose of this particular resolu- I said, Yes, he is. I know him person- underrepresented minorities in computer science; and tion is multifold. One, it’s to recognize ally, and he is a nerd of the first order. (4) supports research in computer science the importance of computer science I say it’s very important what courses to address what would motivate increased and computer science education. Sec- you take in high school, because I can participation in this field. ondly, it is to recognize that we are tell you one thing. When you get out The SPEAKER pro tempore. Pursu- falling behind as a nation in the num- and start looking for a job, you either ant to the rule, the gentleman from ber of computer scientists that we are going to be a nerd or you are going Tennessee (Mr. GORDON) and the gen- graduate. I had no idea of this until to work for a nerd. Now which would tleman from Michigan (Mr. EHLERS) last year when I was visited by one of you rather do? each will control 20 minutes. my constituents. The purpose of this Of course at that point they say, The Chair recognizes the gentleman resolution is also to honor that con- Well, I guess I’d rather be a nerd. from Tennessee. stituent, as well as Dr. Grace Hopper. At any rate, somehow we have to GENERAL LEAVE The constituent who took the time reach the high school students and Mr. GORDON of Tennessee. Mr. to visit me was Professor Joel Adams. make them recognize that these issues Speaker, I ask unanimous consent that He is the Chair of the Computer are very important to their future. Science Department at Calvin College, all Members may have 5 legislative b 1515 days to revise and extend their re- a stellar liberal arts college located in my district in Grand Rapids, Michigan. It is very nice to have acronyms to marks and to include extraneous mate- catch these general areas, as we do in rial on H. Res. 558, the resolution now He pointed out to me something that I was totally unaware of, even though I talking about STEM education, but the under consideration. lines between these disciplines blur The SPEAKER pro tempore. Is there thought I kept up with all the prob- quickly when you step into the class- objection to the request of the gen- lems in science. He told me he was very room and into the real world. One of tleman from Tennessee? concerned about the small number of the areas where we are facing a really There was no objection. computer scientists that we are grad- Mr. GORDON of Tennessee. Mr. uating, and was particularly concerned unique challenge is in computer Speaker, I yield myself such time as I about the lack of students entering science. may consume. into computer science, either taking It is very important that students in Mr. Speaker, I am pleased that the computer science courses in high K–12 are exposed to computer science, House is considering H. Res. 558. I school or majoring in computer and we have a shortage of teachers in would like to thank my good friend sciences in their college or university high schools who are able to teach it in from Michigan, Dr. VERN EHLERS, for careers. a meaningful way. Many students do his leadership on STEM education gen- Without the students enrolling in not get a chance to learn about it in erally and for his resolution high- this field we are, of course, going to school, and even when they have a lighting computer science education. I have a shortage of individuals in the chance, they may not learn it as well would also like to thank the gentleman future to develop computer science as they should. The lack of under- from Colorado (Mr. POLIS) for his work theory and practice in the United standing of computer science and how on the resolution. States of America. Therefore, I com- it fuels innovation in STEM disciplines Today’s world is run by computers. mend Professor Adams for bringing contributes to a lack of interest in From communications, to finance, to this to my attention. I also will com- computing careers, especially among transportation and national defense, mend in a few moments Dr. Hopper, women and underrepresented minori- almost every facet of the modern world who has been very effective in bringing ties, whose participation rates in com- is tied to computers. computer science down to the level of puter science are among the lowest of As we move forward in the 21st cen- elementary students. any scientific field. tury, the country that leads in innova- I am very pleased today that we are By introducing students to computer tion in the computing and IT fields will considering this resolution, which science at an early age and providing very likely lead in productivity and turns our attention to the issue of them with learning experience in com- economic growth. If we want America computer science education. As you puter science at all educational levels, to be the leader, it is vitally important know, I have spent much time in Con- we can reverse this trend and expand that we train the next generation of IT gress fighting for research in edu- and diversify our technology work- and computing professionals to provide cation, particularly education in the force. this spark to our economy. areas of science, technology, engineer- Computing technology and the inno- This resolution recognizes the impor- ing, mathematics, all of which are col- vation it yields are transforming our tance of computer science education to lectively called STEM. world and are critical to our global our country, and encourages increased I believe these STEM subjects hold competitiveness, particularly our eco- efforts and participation in this field. I special promise for the future of our nomic competitiveness. However, we want to highlight the attention this Nation, and that it is very critical that are not preparing an adequate and di- resolution pays to the important issue all of our Nation’s students receive a verse workforce to meet the ever-grow- of increasing the involvement of foundation in STEM. This helps de- ing demand for the information tech- women and underrepresented minori- velop well-rounded citizens and also nology sector, which includes some of ties in the computer science field. may prepare some students to become the country’s most innovative and suc- If we want to be truly successful in the innovators of tomorrow. cessful companies. our efforts to maintain an innovative As a former teacher, I always enjoy A 2009 Computer Science Teachers economy, we need everyone in our speaking to students in high schools, Association study shows that even in country involved in the effort. This is and I always have a little bit of fun schools which employ computer true across the STEM fields, where the with them, too, because high school science teachers, only a little more problem of underrepresentation of cer- students, out of custom, I think, tend than half of the schools offer introduc- tain groups persists. not to want to study too hard and tend tory courses in computer science, and I want to once again thank Dr. not to want to study too much science. the number of course offerings are de- EHLERS and Mr. POLIS for introducing Some people would say those go hand clining. Given the enormous impor- this resolution, and I urge my col- in hand. tance of these skills, we need to under- leagues to support it. But I always remind them of one stand how to attract more students to I reserve the balance of my time. thing. I ask them a question, first of these courses early in their education. Mr. EHLERS. Mr. Speaker, I rise in all, who is the richest person in the To raise awareness about the chal- support of H. Res. 558, supporting com- world? Well, they all know that. Bill lenges facing computer science edu- puter science and the designation of Gates. cation, the resolution before us today

VerDate Nov 24 2008 04:28 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\A20OC7.010 H20OCPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE H11476 CONGRESSIONAL RECORD — HOUSE October 20, 2009 designates National Computer Science to be exposed to computer science con- lifelong learning, the K–12 school sys- Education Week. The week of Decem- cepts and support researching ways to tem represents the most important ber 7 has been chosen to honor the increase participation in this field. area to provide students with a solid birthday of Grace Murray Hopper, one Without professional development, we grounding in computer science and of the first female computer scientists. will not train and retrain the necessary spark their interest in rewarding ca- Dr. Hopper is best known for her 1953 workforce to provide the education stu- reers in information technology. invention of the compiler, the inter- dents need in computer science. But, unfortunately, too many stu- mediate computer language that trans- I hope my colleagues will join me dents don’t get a chance to learn about lates English language instructions today in recognizing the importance of computer science in schools today, es- into computer language. She came up computer science education and hon- pecially women and under-represented with the compiler, she said, because oring the memory of Grace Murray minorities, whose participation rates she was ‘‘lazy’’ and hoped that ‘‘the Hopper. I would particularly like to in computer science are among the programmer may return to being a thank my distinguished colleague from lowest in any scientific field. mathematician.’’ Her work on com- Colorado, Mr. POLIS, for his early and Consider these facts. High school pilers and getting machines to under- steadfast support for this resolution girls represent only 17 percent of com- stand language instructions ultimately and his work on it. puter science advanced placement test resulted in the COBOL business lan- Mr. Speaker, I reserve the balance of takers. Only 18 percent of computer guage. my time. and information science degrees were I can say from personal experience I Mr. GORDON of Tennessee. Mr. awarded to women in 2008, down from deeply appreciate the work she did, be- Speaker, I want to thank Dr. EHLERS 37 percent in 1985. While women com- cause when I first started using com- for standing up for us nerds of Amer- prise almost half of the workforce, puters in 1957, I was writing programs ica, as he does so well. they hold less than a quarter of our Na- in assembly language. It is just one I yield 5 minutes to the gentleman tion’s IT-related professional jobs, step above the computer language from Colorado (Mr. POLIS). down from 36 percent in 1991. Finally, itself. It was laborious, painstaking Mr. POLIS. Mr. Speaker, in today’s only about 10 percent of the 2005 com- work to try to get the computer to un- knowledge-based economy, techno- puter and information science grad- derstand what I was trying to do. logical breakthroughs and innovations uates were African American and 6 per- Today, of course, we program in are the keys to economic growth and cent Latino. prosperity. As a former Internet entre- English or some other language and are During my six year tenure on the preneur myself, I know firsthand how able to accomplish much more as a re- Colorado State Board of Education and computer technology is transforming sult. then as a charter school super- A mathematician by training, Dr. people’s lives throughout the world and intendent, I saw how a lack of under- Hopper taught mathematics, served in represents a critical strategy for ensur- standing of computer science and its the military, and held a vast variety of ing our Nation’s global competitive- critical role in science, technology, en- positions throughout her life in both ness. gineering and mathematics, or STEM the public and private sector. Her pio- The applications of computing inno- disciplines, contributes to lack of in- neering work, particularly in computer vations are present in every aspect of terest in computing careers. For exam- languages, underpins many of the tools our lives and are fueling major changes ple, in a recent survey among college used in today’s digital computing. in our society, from communications, freshman in the school district I live I would like to share a quick anec- to education, to health care, to de- in, only 1 percent of them responded dote about Dr. Hopper, as recounted by fense, to how we interact with each that they intend to major in computer Merry Maisel of the San Diego Super- other every day and conduct our trans- science, double our State average, but computer Center. actions. ‘‘Most of us remember seeing Rear To maintain America’s leadership still very discouraging. Admiral Grace Murray Hopper on tele- and ensure that we remain at the fore- There is some good news. The good vision. We recall a charming, tiny front of cutting-edge technology ad- news is we can reverse this trend and white-haired lady in a Navy uniform vancements, we need to prepare and expand and diversify our technology with a lot of braid, admonishing a class train a highly skilled and diverse work- workforce by introducing students to of young naval officers to remember force that can effectively meet the computer science at an early age and their nanoseconds. The ‘nanoseconds’ needs of the information technology providing them with a learning experi- she handed out were lengths of wire, sector, which includes some of the ence in computer science at all edu- cut to not quite 12 inches in length, country’s most innovative and success- cational levels. equal to the distance traveled by elec- ful companies. Through cutting-edge professional tromagnetic waves along the wire in In my Second Congressional District development, we can assist teachers to the space of a nanosecond—one bil- alone, we have IBM, Google, Qual- encourage students to be exposed to lionth of a second. In teaching efficient comm, Sun and Avaya. A forthcoming computer science concepts. Through programming methods, Rear Admiral report by the National Center for high quality computer science activi- Hopper wanted to make sure her stu- Women & Information Technology, ties, including science scholarships, we dents ‘‘would not waste nanoseconds,’’ NCWIT, based at the University of Col- can provide students with the critical and we are talking about the nano- orado at Boulder, clearly demonstrates thinking skills that will serve them seconds of computer operation. the ever-growing demand. throughout their lives. And by re- ‘‘Occasionally, to make the dem- Computing professions rank among searching and implementing the best onstration even more powerful, she the top 10 fastest-growing professions. practices to increase participation in would bring to class an entire ‘micro- By 2016, there will be more than 1.5 the field, we can begin to lay the second,’ a coil of wire nearly 1,000 feet million computer specialist jobs avail- groundwork for preparing and encour- long that the rear admiral, herself able. And yet the talent pool shrinks as aging diverse students to join the tough and wiry, would brandish with a the industry is failing to attract and workforce that will launch a new era of sweeping gesture and a steady wrist.’’ retain an ample and diverse technology innovation and economic growth. Dr. Hopper passed away in 1992. I am workforce. If current trends continue, That is why I urge my colleagues to glad to honor her legacy with the des- the IT industry will only be able to fill join me in approving this bipartisan ignation of National Computer Science half of its available jobs. By 2016, U.S. resolution that raises awareness about Education Week, as I also honor Pro- universities will produce only half of these important issues by supporting fessor Adams for calling to my atten- the computer science bachelor’s de- the designation of the week of Decem- tion the current shortfall in computer grees that are needed. ber 7th as the National Computer scientists. Obviously, this shortage requires a Science Education Week, which honors This resolution also promotes cut- bold vision for, and major investments the birthday of Grace Murray Hopper, ting-edge professional development for in, education. And while such an effort one of the first female computer sci- teachers in order to encourage students should permeate the entire spectrum of entists.

VerDate Nov 24 2008 04:28 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.046 H20OCPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE October 20, 2009 CONGRESSIONAL RECORD — HOUSE H11477 As my colleague Mr. EHLERS said, it The text of the resolution is as fol- academic organizations, consumers, and the is better that our students become lows: media recognize the need to increase aware- ness of cyber security and the need for en- nerds than work for them. H. RES. 797 Mr. EHLERS. Mr. Speaker, I will hanced cyber security in the United States; Whereas more than 220,000,000 American Whereas the Cyberspace Policy Review, make some closing comments. adults use the Internet in the United States, published by the White House in May 2009, I thank the gentleman from Colorado 80 percent of whom connect through recommends that the Federal Government for his comments. He knows whereof he broadband connections, to conduct business, initiate a national public awareness and edu- communicate with family and friends, man- speaks. He did a lot of good work in cation campaign to promote cyber security; age finances and pay bills, access edu- this area before he came to the Con- Whereas the National Cyber Security Alli- cational opportunities, shop at home, par- ance’s mission is to increase awareness of gress. He has been very helpful in the ticipate in online entertainment and games, cyber security practices and technologies to Education Committee in addressing and stay informed of news and current home users, students, teachers, and small these issues, and I appreciate that ef- events; businesses through educational activities, Whereas nearly all United States small fort. online resources and checklists, and Public businesses, which represent more than 99 I think the key is to get children Service Announcements; and percent of all United States employers and started in computer science at an early Whereas the National Cyber Security Alli- age. They love to deal with computers employ more than 50 percent of the private workforce, increasingly rely on the Internet ance, the Multi-State Information Sharing when they are doing video games and to manage their businesses, expand their and Analysis Center, and the Department of things of that sort. It is not too much customer reach, and enhance the manage- Homeland Security have designated October of a leap to get them thinking about ment of their supply chain; as National Cyber Security Awareness programming the computers, and that Whereas nearly 100 percent of public Month to provide an opportunity to educate United States citizens about cyber security: is the kind of knowledge that we need schools in the United States have Internet access, with a significant percentage of in- Now, therefore, be it to develop in this Nation if we are Resolved, That the House of Representa- going to remain competitive in the structional rooms connected to the Internet to enhance children’s education by providing tives— years ahead on the international scene. access to educational online content and en- (1) supports the goals and ideals of Na- So, I am delighted to recognize com- couraging self-initiative to discover research tional Cyber Security Awareness Month; and puter scientists in general, and I hope resources; (2) intends to work with Federal agencies, we do a better job of producing more Whereas approximately 93 percent of all national organizations, businesses, and edu- and better computer scientists in this teenagers use the Internet; cational institutions to encourage the devel- opment and implementation of existing and Nation so that we indeed will remain Whereas the number of children who con- nect to the Internet at school continues to future cyber security consensus standards, competitive and continue to lead the practices, and technologies in order to en- world in this particular area. rise, and teaching children of all ages to be- come good cyber-citizens through safe, se- hance the state of cyber security in the With that, I yield back the balance of cure, and ethical online behaviors and prac- United States. my time. tices is essential to protect their computer The SPEAKER pro tempore. Pursu- Mr. GORDON of Tennessee. Mr. systems and potentially their physical safe- ant to the rule, the gentleman from Speaker, in conclusion, I want to once ty; Tennessee (Mr. GORDON) and the gen- again thank Dr. EHLERS for his leader- Whereas the growth and popularity of so- tleman from Michigan (Mr. EHLERS) ship in this area. It has been very evi- cial networking websites has attracted mil- each will control 20 minutes. dent by his conversation today of his lions of Americans, providing access to a The Chair recognizes the gentleman passion that he brings to this impor- range of valuable services, but exposing them to potential threats like cyber bullies, from Tennessee. tant subject. predators, and identity thieves; GENERAL LEAVE I yield back the balance of my time. Whereas cyber security is a critical part of Mr. GORDON of Tennessee. Mr. The SPEAKER pro tempore. The the Nation’s overall homeland security; Speaker, I ask unanimous consent that question is on the motion offered by Whereas the Nation’s critical infrastruc- all Members may have 5 legislative the gentleman from Tennessee (Mr. tures and economy rely on the secure and re- days to revise and extend their re- GORDON) that the House suspend the liable operation of information networks to marks and to include extraneous mate- rules and agree to the resolution, H. support the Nation’s financial services, en- rial on H. Res. 797, the resolution now ergy, telecommunications, transportation, Res. 558, as amended. under consideration. The question was taken. health care, and emergency response sys- tems; The SPEAKER pro tempore. Is there The SPEAKER pro tempore. In the Whereas cyber attacks have been at- objection to the request of the gen- opinion of the Chair, two-thirds being tempted against the Nation and the United tleman from Tennessee? in the affirmative, the ayes have it. States economy, and the Department of There was no objection. Mr. GORDON of Tennessee. Mr. Homeland Security’s mission includes secur- Mr. GORDON of Tennessee. Mr. Speaker, on that I demand the yeas ing the homeland against cyber terrorism Speaker, I yield myself such time as I and nays. and other attacks; may consume. The yeas and nays were ordered. Whereas Internet users and critical infra- Mr. Speaker, I rise in support of H. The SPEAKER pro tempore. Pursu- structure owners and operators face an in- Res. 797, a resolution to applaud the creasing threat of criminal activity and ma- ant to clause 8 of rule XX and the licious attacks through viruses, worms, Tro- goals and activities of the National Chair’s prior announcement, further jans, and unwanted programs such as Cyber Security Awareness Month. The proceedings on this motion will be spyware, adware, hacking tools, and pass- Science and Technology Committee postponed. word stealers, that are frequent and fast in has been a leader in Congress sup- f propagation, are costly to repair, can cause porting the efforts to promote better extensive economic harm, and can disable security and cybersecurity, and I am RAISING AWARENESS AND EN- entire systems; pleased to support this resolution and HANCING THE STATE OF CYBER Whereas coordination among the Federal to help raise awareness of this critical SECURITY IN THE UNITED Government, State, local, and tribal govern- issue. STATES ments, and the private sector is essential to securing America’s critical cyber infrastruc- Each year, Americans become more Mr. GORDON of Tennessee. Mr. ture; and more dependent on technology for Speaker, I move to suspend the rules Whereas millions of records containing their daily lives. More than 200 million and agree to the resolution (H. Res. personally identifiable information have people in this country use the Internet 797) expressing the sense of Congress been lost, stolen or breached, threatening for shopping, education, socializing, in- with respect to raising awareness and the security and financial well-being of formation gathering, banking and en- enhancing the state of cyber security United States citizens; tertainment, and an increasing number in the United States, and supporting Whereas now more than ever before, con- of Internet users are children and sen- the goals and ideals of the sixth annual sumers face significant financial and per- sonal privacy losses due to identity theft and iors. National Cyber Security Awareness fraud; Unfortunately, with this growth in Month. Whereas national organizations, policy- use, we have also seen a startling in- The Clerk read the title of the resolu- makers, government agencies, private sector crease in cybersecurity. Bank accounts tion. companies, nonprofit institutions, schools, are now being hacked; children are

VerDate Nov 24 2008 03:33 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.030 H20OCPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE H11478 CONGRESSIONAL RECORD — HOUSE October 20, 2009 being bullied or harassed on social net- taining our cyberinfrastructure, which and Technology, I have held three working sites; and personal informa- is essentially this year’s theme, ‘‘Our hearings this year on our Nation’s cy- tion is being stolen from relatives, re- Shared Responsibility.’’ bersecurity posture. Cybersecurity vul- tailers, universities, and even govern- The NCSA offers many tips for indi- nerabilities can and have significantly ment agencies. viduals and businesses alike to help impacted our national and economic For example, earlier this year, com- protect themselves from cyberattacks. security. Through the leadership of the puter systems at the FAA were hacked, StaySafeOnline.org is a Web site cre- Obama administration, cybersecurity increasing the risk of large-scale com- ated by the NCSA to provide education is finally gaining the much-needed at- mercial air traffic systems disruption. on all of the different aspects and tention it deserves, both in the Federal Improving cybersecurity will take issues related to cybersecurity. All of Government and the private sector. the effort of all of the key stake- the organizations and agencies in- The oversight that the Homeland Secu- holders: Federal, State and local gov- volved in National Cyber Security rity Committee is undertaking will ernments, academia, business and Awareness Month have put forth a help to focus our attention; however, individuals. great effort in raising awareness and much more work remains to be done. Last week, I held a roundtable dis- b 1530 helping us as Americans become better, more responsible computer users. cussion with key cybersecurity stake- We are all part of the user commu- I urge my colleagues to support H. holders in Congress, the administra- nity and we each must do our part, Res. 797, and I reserve the balance of tion, and the private sector on this ex- from updating the Web browsers of our my time. tremely complex issue. Everyone personal computers to improving the Mr. GORDON of Tennessee. Mr. agreed that end user awareness and coordination of cybersecurity research Speaker, I yield 5 minutes to the au- education is an extremely critical com- investments across the public and pri- thor of this resolution, the gentle- ponent to fortifying our national cy- vate sectors. We need to change the woman from New York (Ms. CLARKE), bersecurity posture. More and more way we think about cybersecurity and and congratulate her on an out- and with each passing moment, we are ensure it is built in from the beginning. standing hearing last Friday on this awakening to the vulnerabilities and Cybersecurity is a challenge that issue. threats that come from our inter- transcends borders. There are 1.7 tril- Ms. CLARKE. Mr. Speaker, I am actions on the World Wide Web. Simply lion Internet users worldwide, which pleased to offer H. Res. 797, my resolu- put, we must protect ourselves. That is means that we can only advance cyber- tion supporting the goals and ideals of why this resolution received over- security through increased inter- National Cyber Security Awareness whelming bipartisan support. national collaboration. That’s why I Month, for a vote today. I would like to I thank my colleagues, especially join my colleagues in applauding the thank Chairman BART GORDON for giv- Chairman GORDON, for cosponsoring H. efforts of the National Cyber Security ing me the opportunity to share with Res. 797, and I look forward to working Alliance, a public-private partnership him and this committee the virtues of with him as well as other committees focused on improving cybersecurity for National Cyber Security Awareness of cross jurisdiction on this critical home users, small businesses, and edu- Month. issue going forward. cation institutions. The goal of National Cyber Security Mr. EHLERS. Mr. Speaker, if the ma- I want to thank my friend from New Awareness Month is to heighten aware- jority has no additional speakers, then York (Ms. CLARKE) for introducing this ness of everyday Internet users and to I will proceed to close. We have had a lot of good discussion resolution and urge my colleagues to explain that by taking some simple here about cybersecurity, but a word support it. steps, we can all safeguard ourselves that hasn’t popped up as much is I reserve the balance of my time. from the latest online threats and re- cyberwarfare, and that is by far the Mr. EHLERS. Mr. Speaker, I rise in spond to potential cybercrimes against most dangerous situation facing our support of H. Res. 797 and yield myself ourselves and our Nation. so much time as I may consume. Nation today. Each year, the National Cybersecu- Cybersecurity is indeed a major issue It seems that nearly every facet of rity Division (NCSD) of the Depart- and we need protection from thieves our lives, professional and personal, re- ment of Homeland Security joins with trying to steal our bank accounts, et lies on computers and the Internet in the National Cyber Security Alliance cetera. But the real difficulty we face some fashion—communication, trans- (NCSA), the Multi-State Information as a Nation occurs because we are so portation, shopping, medicine, enter- Sharing and Analysis Center, and other vulnerable. We are so advanced techno- tainment, and the list goes on. It is not partners to support National Cyber Se- logically, that we are vulnerable to at- an understatement to say that infor- curity Awareness Month. I thank DHS tacks of all types from many enemies mation technology has become one of Secretary Janet Napolitano and Assist- of different backgrounds and different the main components of our everyday ant Secretary Greg Schaffer as well as abilities. American lives, and as such, we are left Will Pelgrin with MS–ISAC and Mi- It is a sad commentary today that a more and more vulnerable to chael Kaiser with StaySafeOnline.org powerful, strong nation such as the cyberattacks, viruses, worms, and iden- for their leadership in promoting Na- United States of America can be the tity theft. As our Nation depends more tional Cyber Security Awareness victim of a very small nation or even a heavily on this technology, both Month. small group of individuals seeking to proactive and reactive cybersecurity This year, the theme of National do us harm using cyberwarfare. I my- are essential. Cyber Security Awareness Month is self did not realize the extent of this In order to raise awareness of the im- ‘‘Our Shared Responsibility.’’ Ulti- until some years ago. I was selected as portance of cybersecurity, the National mately, our cyberinfrastructure is only a rapporteur of the NATO Parliamen- Cyber Security Alliance has declared as strong as its weakest link. In this tary Assembly Science Committee to the month of October as Cyber Secu- digital age, we are all connected. No in- write a report on cyberwarfare; and it rity Awareness Month. All month long, dividual, business, or government enti- was simply astounding to learn the the NCSA is sponsoring events and pro- ty is solely responsible for cybersecu- risks that we face as a wealthy, well- grams to raise awareness of the impor- rity. We all must understand how our established, highly developed nation tance of cybersecurity. individual online computing practices simply because we make such great use The National Cyber Security Alli- have a collective impact on our Na- of cyberknowledge and ance is the preeminent public-private tion’s cybersecurity. It would be naive cybertechniques that we are automati- partnership, working with the Depart- to believe, however, that simple steps cally very vulnerable in the area of ment of Homeland Security, corporate by end users alone will sufficiently cyberwarfare. sponsors, and nonprofit collaborators combat the larger threats associated I appreciate the gentlelady from New to promote cybersecurity awareness for with a growing networked society. York bringing this to our attention. home users, small and medium size As chairwoman of the Homeland Se- We have a lot of work to do here, not businesses, and primary and secondary curity Subcommittee on Emerging just in the military, but in many civil- education. We all have a role in sus- Threats, Cybersecurity, and Science ian sectors as well. The warning is

VerDate Nov 24 2008 03:33 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.034 H20OCPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE October 20, 2009 CONGRESSIONAL RECORD — HOUSE H11479 here. The alarm has been rung. Let’s leged report (Rept. No. 111–304) on the Duncan Larson (CT) Quigley make sure that, as a nation, we go Edwards (MD) Latham Radanovich resolution (H. Res. 846) providing for Edwards (TX) LaTourette Rahall ahead and defend ourselves as we consideration of the bill (H.R. 3585) to Ehlers Latta Rangel should against this very, very highly guide and provide for United States re- Ellison Lee (CA) Rehberg technological but very dangerous new search, development, and demonstra- Ellsworth Lee (NY) Reichert Emerson Levin Reyes activity. tion of solar energy technologies, and Engel Lewis (CA) Richardson With that, I yield back the balance of for other purposes, which was referred Eshoo Lewis (GA) Rodriguez my time. to the House Calendar and ordered to Fallin Linder Roe (TN) Mr. GORDON of Tennessee. Mr. be printed. Farr Lipinski Rogers (AL) Speaker, I yield myself such time as I Fattah LoBiondo Rogers (KY) f Filner Loebsack Rogers (MI) may consume. Flake Lucas Rooney In conclusion, I want to once again ANNOUNCEMENT BY THE SPEAKER Fleming Luetkemeyer Ros-Lehtinen thank the gentlewoman from New Forbes Luja´ n Roskam PRO TEMPORE York for bringing this important reso- Fortenberry Lummis Ross The SPEAKER pro tempore. Pursu- Foster Lungren, Daniel Rothman (NJ) lution to us. I think that this will help Foxx E. Roybal-Allard give our country a better awareness of ant to clause 8 of rule XX, proceedings Frank (MA) Lynch Royce the concerns we have about cybersecu- will resume on motions to suspend the Franks (AZ) Mack Ruppersberger rity. rules previously postponed. Frelinghuysen Maffei Rush Fudge Manzullo Ryan (OH) Also, as Dr. EHLERS notes, our Votes will be taken in the following Gallegly Marchant Ryan (WI) Science and Technology Committee order: Garrett (NJ) Markey (CO) Salazar has spent quite a bit of time on this H.R. 3763, by the yeas and nays; Giffords Markey (MA) Sa´ nchez, Linda issue, being the first to have a review H.R. 3319, by the yeas and nays; Gingrey (GA) Marshall T. Gohmert Massa Sanchez, Loretta of the 60-day review. Hopefully, we are H. Res. 558, by the yeas and nays. Gonzalez Matheson Sarbanes going to be seeing in the next very few Proceedings on House Resolution 797 Goodlatte Matsui Scalise days a significant bill coming out of will resume later in the week. Gordon (TN) McCarthy (CA) Schakowsky our committee concerning the nec- The first electronic vote will be con- Granger McCarthy (NY) Schauer Graves McCaul Schiff essary research and technology aspect ducted as a 15-minute vote. Remaining Grayson McClintock Schmidt of moving forward with our research in electronic votes will be conducted as 5- Green, Al McCollum Schock the cybersecurity area. minute votes. Green, Gene McCotter Schrader Mr. Speaker, I yield back the balance Griffith McDermott Scott (GA) f Guthrie McGovern Scott (VA) of my time. Hall (NY) McHenry Sensenbrenner The SPEAKER pro tempore. The FAIR CREDIT REPORTING ACT Hall (TX) McIntyre Serrano question is on the motion offered by AMENDMENT Halvorson McKeon Sessions the gentleman from Tennessee (Mr. Hare McMahon Sestak The SPEAKER pro tempore. The un- Harman McMorris Shea-Porter GORDON) that the House suspend the finished business is the vote on the mo- Harper Rodgers Sherman rules and agree to the resolution, H. Hastings (FL) McNerney Shimkus Res. 797. tion to suspend the rules and pass the Hastings (WA) Meek (FL) Shuster The question was taken. bill, H.R. 3763, on which the yeas and Heinrich Meeks (NY) Simpson The SPEAKER pro tempore. In the nays were ordered. Heller Melancon Skelton The Clerk read the title of the bill. Hensarling Mica Slaughter opinion of the Chair, two-thirds being Herger Michaud Smith (NE) in the affirmative, the ayes have it. The SPEAKER pro tempore. The Herseth Sandlin Miller (FL) Smith (NJ) Mr. GORDON of Tennessee. Mr. question is on the motion offered by Higgins Miller (MI) Smith (TX) Speaker, I object to the vote on the the gentleman from New Jersey (Mr. Hill Miller (NC) Smith (WA) Himes Miller, Gary Snyder ground that a quorum is not present ADLER) that the House suspend the Hinchey Miller, George Souder and make the point of order that a rules and pass the bill, H.R. 3763. Hinojosa Minnick Space quorum is not present. The vote was taken by electronic de- Hirono Mitchell Speier The SPEAKER pro tempore. Pursu- vice, and there were—yeas 400, nays 0, Hodes Mollohan Stark Hoekstra Moore (KS) Stearns ant to clause 8 of rule XX and the not voting 32, as follows: Holden Moore (WI) Stupak Chair’s prior announcement, further [Roll No. 790] Holt Moran (KS) Sullivan proceedings on this motion will be Honda Moran (VA) Sutton YEAS—400 Hoyer Murphy (CT) Tanner postponed. Ackerman Boustany Cleaver Hunter Murphy (NY) Taylor The point of no quorum is considered Aderholt Boyd Clyburn Inglis Murphy, Patrick Teague withdrawn. Adler (NJ) Brady (PA) Coble Inslee Murphy, Tim Terry Akin Brady (TX) Coffman (CO) Issa Myrick Thompson (CA) f Alexander Braley (IA) Cohen Jackson (IL) Nadler (NY) Thompson (MS) RECESS Altmire Bright Cole Jackson-Lee Napolitano Thompson (PA) Arcuri Broun (GA) Conaway (TX) Neal (MA) Thornberry The SPEAKER pro tempore. Pursu- Austria Brown (SC) Connolly (VA) Jenkins Neugebauer Tiahrt ant to clause 12(a) of rule I, the Chair Baca Brown, Corrine Conyers Johnson (GA) Nunes Tiberi declares the House in recess until ap- Bachmann Brown-Waite, Cooper Johnson (IL) Nye Tierney Bachus Ginny Costa Johnson, E. B. Oberstar Titus proximately 6:30 p.m. today. Baird Buchanan Costello Johnson, Sam Obey Tonko Accordingly (at 3 o’clock and 41 min- Baldwin Burgess Courtney Jones Olson Towns utes p.m.), the House stood in recess Barrow Burton (IN) Cuellar Jordan (OH) Olver Tsongas until approximately 6:30 p.m. Bartlett Butterfield Culberson Kagen Ortiz Turner Barton (TX) Buyer Cummings Kanjorski Pallone Upton f Becerra Calvert Dahlkemper Kaptur Pascrell Van Hollen Berkley Camp Davis (AL) Kennedy Pastor (AZ) Vela´ zquez b 1830 Berman Campbell Davis (CA) Kildee Paul Visclosky Berry Cantor Davis (IL) Kilpatrick (MI) Paulsen Walz AFTER RECESS Biggert Cao Davis (KY) Kilroy Payne Wamp The recess having expired, the House Bilbray Capito Davis (TN) Kind Pence Waters was called to order by the Speaker pro Bilirakis Capps DeFazio King (IA) Perlmutter Watson Bishop (GA) Cardoza DeGette King (NY) Perriello Watt tempore (Mrs. HALVORSON) at 6 o’clock Bishop (NY) Carnahan Delahunt Kingston Peters Waxman and 30 minutes p.m. Bishop (UT) Carney DeLauro Kirk Peterson Welch f Blackburn Carson (IN) Dent Kirkpatrick (AZ) Petri Westmoreland Blumenauer Cassidy Diaz-Balart, L. Kissell Pingree (ME) Whitfield REPORT ON RESOLUTION PRO- Blunt Castle Diaz-Balart, M. Klein (FL) Pitts Wilson (OH) Boccieri Castor (FL) Dicks Kline (MN) Platts Wilson (SC) VIDING FOR CONSIDERATION OF Bonner Chaffetz Dingell Kosmas Poe (TX) Wittman H.R. 3585, SOLAR TECHNOLOGY Bono Mack Chandler Doggett Kratovil Polis (CO) Wolf ROADMAP ACT Boozman Childers Donnelly (IN) Kucinich Pomeroy Woolsey Boren Chu Doyle Lamborn Posey Wu Mr. PERLMUTTER, from the Com- Boswell Clarke Dreier Lance Price (NC) Yarmuth mittee on Rules, submitted a privi- Boucher Clay Driehaus Larsen (WA) Putnam Young (FL)

VerDate Nov 24 2008 03:33 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.049 H20OCPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE H11480 CONGRESSIONAL RECORD — HOUSE October 20, 2009 NOT VOTING—32 historic lands of Michigan that he fought to Hoyer McMorris Ryan (OH) Hunter Rodgers Ryan (WI) Abercrombie Gerlach Schwartz protect and preserve. Inglis McNerney Salazar Andrews Grijalva Shadegg Inslee Meek (FL) Sa´ nchez, Linda Barrett (SC) Gutierrez Shuler f Issa Meeks (NY) T. Bean Israel Sires Jackson (IL) Melancon Boehner Langevin Spratt ANNOUNCEMENT BY THE SPEAKER Sanchez, Loretta Jackson-Lee Mica Capuano Lofgren, Zoe Walden Sarbanes PRO TEMPORE (TX) Michaud Carter Lowey Wasserman Scalise Jenkins Miller (FL) Crenshaw Maloney Schultz The SPEAKER pro tempore. Without Schakowsky Johnson (GA) Miller (MI) Crowley Murtha Weiner objection, 5-minute voting will con- Schauer Johnson (IL) Miller (NC) Schiff Deal (GA) Price (GA) Wexler tinue. Etheridge Rohrabacher Young (AK) Johnson, E. B. Miller, Gary Schmidt There was no objection. Johnson, Sam Miller, George Schrader b 1855 Jones Minnick Schwartz f Jordan (OH) Mitchell Scott (GA) Mr. CARSON of Indiana changed his Kagen Mollohan Scott (VA) vote from ‘‘nay’’ to ‘‘yea.’’ ARMY SPECIALIST JEREMIAH Kaptur Moore (KS) Sensenbrenner So (two-thirds being in the affirma- PAUL MCCLEERY POST OFFICE Kennedy Moore (WI) Serrano Kildee Moran (KS) tive) the rules were suspended and the BUILDING Sessions Kilpatrick (MI) Moran (VA) Sestak bill was passed. The SPEAKER pro tempore. The un- Kilroy Murphy (CT) Shea-Porter Kind Murphy (NY) The result of the vote was announced finished business is the vote on the mo- Sherman King (IA) Murphy, Patrick Shimkus as above recorded. tion to suspend the rules and pass the King (NY) Murphy, Tim Shuster A motion to reconsider was laid on Kingston Myrick bill, H.R. 3319, on which the yeas and Simpson Kirk Nadler (NY) the table. nays were ordered. Skelton Stated for: Kirkpatrick (AZ) Napolitano The Clerk read the title of the bill. Kissell Neal (MA) Slaughter Ms. SCHWARTZ. Madam Speaker, on The SPEAKER pro tempore. The Klein (FL) Neugebauer Smith (NE) rollcall No. 790, had I been present, I Kline (MN) Nunes Smith (NJ) question is on the motion offered by Smith (TX) would have voted ‘‘yea.’’ the gentleman from Massachusetts Kosmas Nye Kratovil Oberstar Smith (WA) Mr. LANGEVIN. Madam Speaker, on (Mr. LYNCH) that the House suspend Kucinich Obey Snyder rollcall No. 790, I was unavoidably de- the rules and pass the bill, H.R. 3319. Lamborn Olson Souder tained and missed the vote. Had I been Lance Olver Space This will be a 5-minute vote. Speier present, I would have vote ‘‘yea.’’ Langevin Ortiz The vote was taken by electronic de- Larsen (WA) Pallone Spratt f vice, and there were—yeas 401, nays 0, Larson (CT) Pascrell Stark not voting 31, as follows: Latham Pastor (AZ) Stearns MOMENT OF SILENCE IN MEMORY LaTourette Paul Stupak OF FORMER REPRESENTATIVE [Roll No. 791] Latta Paulsen Sullivan BOB DAVIS OF MICHIGAN YEAS—401 Lee (CA) Payne Sutton Lee (NY) Pence Tanner Abercrombie Cantor Emerson Levin Perlmutter Taylor (Mr. STUPAK asked and was given Ackerman Cao Engel Lewis (CA) Perriello Teague permission to address the House for 1 Aderholt Capito Eshoo Lewis (GA) Peters Adler (NJ) Capps Fallin Terry minute.) Linder Peterson Akin Cardoza Farr Thompson (CA) Lipinski Petri Mr. STUPAK. Madam Speaker, I rise Alexander Carnahan Fattah Thompson (MS) LoBiondo Pingree (ME) to regretfully inform my colleagues of Altmire Carney Filner Thompson (PA) Loebsack Pitts Arcuri Carson (IN) Flake Thornberry the passing of former Congressman Bob Lucas Platts Austria Cassidy Fleming Tiahrt Davis, who represented most of north- Luetkemeyer Poe (TX) Baca Castle Forbes Tiberi Luja´ n Polis (CO) ern Michigan in Congress from 1979– Bachmann Castor (FL) Fortenberry Tierney Lummis Pomeroy 1993. Bob died last Friday. Bachus Chaffetz Foster Titus Lungren, Daniel Posey Baird Chandler Foxx Tonko I ask the House to observe a moment E. Price (NC) Baldwin Childers Frank (MA) Towns Lynch Putnam of silence in his honor. Barrow Chu Franks (AZ) Tsongas Mack Quigley The SPEAKER pro tempore. Will all Bartlett Clarke Frelinghuysen Turner Maffei Radanovich Barton (TX) Clay Fudge Upton Members rise for a moment of silence. Manzullo Rahall Becerra Cleaver Gallegly Van Hollen Mr. DINGELL. Madam Speaker, I rise today Marchant Rangel Berkley Clyburn Garrett (NJ) Vela´ zquez Markey (CO) Rehberg to honor the life and achievements of Former Berman Coble Giffords Visclosky Markey (MA) Reichert Berry Coffman (CO) Gingrey (GA) Representative Bob Davis. I was deeply sad- Marshall Reyes Walz Biggert Cohen Gohmert dened to hear the loss of my friend Bob, a Massa Richardson Wamp Bilbray Cole Gonzalez Matheson Rodriguez Waters true Michigander. Through attending public Bilirakis Conaway Goodlatte Matsui Roe (TN) Watson schools in Mackinac County, miming a small Bishop (GA) Connolly (VA) Gordon (TN) McCarthy (CA) Rogers (AL) Watt Bishop (NY) Conyers Granger Michigan business, and serving as a city McCarthy (NY) Rogers (KY) Waxman Bishop (UT) Cooper Graves council member, state representative and sen- McCaul Rogers (MI) Welch Blackburn Costa Grayson McClintock Rooney Westmoreland ator, Bob came to understand the state on Blumenauer Costello Green, Al McCollum Ros-Lehtinen Whitfield Blunt Courtney Green, Gene every level. By the time he came to the U.S. McCotter Roskam Wilson (SC) Boccieri Cuellar Griffith House of Representatives in 1979, he truly un- McDermott Ross Wittman Boehner Culberson Grijalva McGovern Rothman (NJ) Wolf derstood the needs of Michigan’s people. Bonner Cummings Guthrie McHenry Roybal-Allard Woolsey From his work with then-Governor George Bono Mack Dahlkemper Hall (NY) McIntyre Royce Wu Boozman Davis (AL) Hall (TX) Romney to reduce the tolls on the Mackinac McKeon Ruppersberger Yarmuth Boren Davis (CA) Halvorson Bridge, to his work in the House Armed Serv- McMahon Rush Young (FL) Boswell Davis (IL) Hare ices Committee to procure major defense Boucher Davis (KY) Harman weapons systems, he always worked toward Boustany Davis (TN) Harper NOT VOTING—31 tangible results for those he was serving. Boyd DeFazio Hastings (FL) Andrews Gerlach Shadegg Bob and I not only shared a love for Michi- Brady (PA) DeGette Hastings (WA) Barrett (SC) Gutierrez Shuler Brady (TX) Delahunt Heinrich Bean Israel Sires gan and its people, but also a deep apprecia- Braley (IA) DeLauro Heller Capuano Kanjorski Walden tion for the outdoors. Some of his greatest Bright Dent Hensarling Carter Lofgren, Zoe Wasserman achievements while serving in the U.S. House Broun (GA) Diaz-Balart, L. Herger Crenshaw Lowey Schultz Brown (SC) Dicks Herseth Sandlin Crowley Maloney Weiner were through his role as the Ranking Member Brown, Corrine Dingell Higgins Deal (GA) Murtha Wexler on the House Merchant Marine and Fisheries Brown-Waite, Doggett Hill Diaz-Balart, M. Price (GA) Wilson (OH) Ginny Donnelly (IN) Himes Ellison Rohrabacher Committee. He was able to help establish the Young (AK) Buchanan Doyle Hinchey Etheridge Schock Upper Peninsula’s Keweenaw National His- Burgess Dreier Hinojosa toric Park, the Thunder Bay National Marine Burton (IN) Driehaus Hirono ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Sanctuary, and to protect the Great Lakes Butterfield Duncan Hodes from invasive species. Even after his passing, Buyer Edwards (MD) Hoekstra The SPEAKER pro tempore (during Calvert Edwards (TX) Holden Bob Davis’ legacy and achievements will live Camp Ehlers Holt the vote). There are 2 minutes remain- on, in no small part through the natural and Campbell Ellsworth Honda ing in this vote.

VerDate Nov 24 2008 04:28 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\A20OC7.014 H20OCPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE October 20, 2009 CONGRESSIONAL RECORD — HOUSE H11481 b 1904 [Roll No. 792] Ortiz Royce Stearns Pallone Ruppersberger Stupak So (two-thirds being in the affirma- YEAS—405 Pascrell Rush Sullivan Pastor (AZ) Ryan (OH) tive) the rules were suspended and the Abercrombie Davis (TN) Kennedy Sutton Paul Ryan (WI) Ackerman DeFazio Kildee Tanner bill was passed. Paulsen Salazar Aderholt DeGette Kilpatrick (MI) Taylor The result of the vote was announced Payne Sa´ nchez, Linda Adler (NJ) Delahunt Kilroy Teague Pence T. as above recorded. Akin DeLauro Kind Terry A motion to reconsider was laid on Perlmutter Sanchez, Loretta Thompson (CA) Alexander Dent King (IA) Perriello Sarbanes the table. Altmire Diaz-Balart, L. King (NY) Thompson (MS) Peters Scalise Thompson (PA) Andrews Diaz-Balart, M. Kingston Peterson Schakowsky f Arcuri Dicks Kirkpatrick (AZ) Thornberry Petri Schauer Tiahrt Austria Dingell Kissell Pingree (ME) Schiff MOMENT OF SILENCE IN MEMORY Baca Doggett Klein (FL) Tiberi Pitts Schmidt Tierney Bachmann Donnelly (IN) Kline (MN) Platts Schock OF FORMER REPRESENTATIVE Titus Bachus Doyle Kosmas Poe (TX) Schrader JAY JOHNSON OF WISCONSIN Tonko Baird Dreier Kratovil Polis (CO) Schwartz Towns Baldwin Driehaus Kucinich Pomeroy Scott (GA) (Mr. OBEY asked and was given per- Tsongas Barrow Duncan Lamborn Posey Scott (VA) mission to address the House for 1 Turner Bartlett Edwards (MD) Lance Price (NC) Sensenbrenner minute.) Barton (TX) Edwards (TX) Langevin Putnam Serrano Upton Mr. OBEY. Madam Speaker, I rise to Becerra Ehlers Larsen (WA) Quigley Sessions Van Hollen regretfully inform my colleagues of the Berkley Ellison Larson (CT) Radanovich Sestak Visclosky Berman Ellsworth Latham Rahall Shea-Porter Walz passing of our former colleague, Jay Berry Emerson LaTourette Rangel Sherman Wamp Johnson, who represented the Eighth Biggert Engel Latta Rehberg Shimkus Waters District of Wisconsin with distinction Bilbray Eshoo Lee (CA) Reichert Shuster Watson Bilirakis Fallin Lee (NY) from January of 1997 through January Reyes Simpson Watt Bishop (GA) Farr Levin Richardson Skelton Waxman of 1999, and I would ask that the House Bishop (NY) Fattah Lewis (CA) Rodriguez Slaughter Welch observe a moment of silence in his Bishop (UT) Filner Lewis (GA) Roe (TN) Smith (NE) Westmoreland honor. Blackburn Flake Linder Rogers (AL) Smith (NJ) Whitfield Blumenauer Fleming Lipinski Rogers (KY) Smith (TX) Wilson (OH) The SPEAKER pro tempore. Will all Blunt Forbes LoBiondo Rogers (MI) Smith (WA) Wilson (SC) Members rise to observe a moment of Boccieri Fortenberry Loebsack Rooney Snyder Wittman silence. Boehner Foster Lucas Ros-Lehtinen Souder Wolf Bonner Foxx Luetkemeyer Roskam Space Woolsey f Bono Mack Frank (MA) Luja´ n Ross Speier Wu Boozman Franks (AZ) Lummis Rothman (NJ) Spratt Yarmuth Boren Frelinghuysen Lungren, Daniel Roybal-Allard Stark Young (FL) GENERAL LEAVE Boswell Fudge E. Mr. DINGELL. Madam Speaker, I ask Boucher Gallegly Lynch NOT VOTING—27 Boustany Garrett (NJ) Mack Barrett (SC) Israel Sires unanimous consent that all Members Boyd Giffords Maffei Bean Kirk Vela´ zquez may have 5 legislative days within Brady (PA) Gingrey (GA) Manzullo Capuano Lofgren, Zoe Walden Brady (TX) Gohmert Marchant which to revise and extend their re- Carter Lowey Wasserman marks and include extraneous material Braley (IA) Gonzalez Markey (CO) Crenshaw Maloney Bright Goodlatte Markey (MA) Schultz on the moment of silence in memory of Crowley Murtha Weiner Broun (GA) Gordon (TN) Marshall Deal (GA) Price (GA) former Representative Bob Davis of Brown (SC) Granger Massa Wexler Etheridge Rohrabacher Young (AK) Michigan. Brown, Corrine Graves Matheson Gerlach Shadegg Brown-Waite, Grayson Matsui Gutierrez Shuler The SPEAKER pro tempore. Is there Ginny Green, Al McCarthy (CA) objection to the request of the gen- Buchanan Green, Gene McCarthy (NY) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE tleman from Michigan? Burgess Griffith McCaul The SPEAKER pro tempore (during There was no objection. Burton (IN) Grijalva McClintock Butterfield Guthrie McCollum the vote). There are 2 minutes remain- f Buyer Hall (NY) McCotter ing in this vote. Calvert Hall (TX) McDermott Camp Halvorson McGovern b 1912 ANNOUNCEMENT BY THE SPEAKER Campbell Hare McHenry PRO TEMPORE Cantor Harman McIntyre So (two-thirds being in the affirma- tive) the rules were suspended and the The SPEAKER pro tempore. Without Cao Harper McKeon Capito Hastings (FL) McMahon resolution, as amended, was agreed to. objection, 5-minute voting will con- Capps Hastings (WA) McMorris The result of the vote was announced tinue. Cardoza Heinrich Rodgers as above recorded. There was no objection. Carnahan Heller McNerney Carney Hensarling Meek (FL) A motion to reconsider was laid on f Carson (IN) Herger Meeks (NY) the table. Cassidy Herseth Sandlin Melancon Castle Higgins Mica f SUPPORTING COMPUTER SCIENCE Castor (FL) Hill Michaud AND COMPUTING CAREERS Chaffetz Himes Miller (FL) PERSONAL EXPLANATION AMONG THE PUBLIC AND IN Chandler Hinchey Miller (MI) Mr. GUTIERREZ. Madam Speaker, I was SCHOOLS Childers Hinojosa Miller (NC) Chu Hirono Miller, Gary unavoidably absent from this Chamber today. The SPEAKER pro tempore. The un- Clarke Hodes Miller, George I would like the RECORD to show that, had I finished business is the vote on the mo- Clay Hoekstra Minnick been present, I would have voted ‘‘yea’’ on Cleaver Holden Mitchell rollcall votes 790, 791 and 792. tion to suspend the rules and agree to Clyburn Holt Mollohan the resolution, H. Res. 558, as amended, Coble Honda Moore (KS) f on which the yeas and nays were or- Coffman (CO) Hoyer Moore (WI) Cohen Hunter Moran (KS) COMMUNICATION FROM THE dered. Cole Inglis Moran (VA) CLERK OF THE HOUSE The Clerk read the title of the resolu- Conaway Inslee Murphy (CT) tion. Connolly (VA) Issa Murphy (NY) The SPEAKER pro tempore laid be- The SPEAKER pro tempore. The Conyers Jackson (IL) Murphy, Patrick fore the House the following commu- Cooper Jackson-Lee Murphy, Tim nication from the Clerk of the House of question is on the motion offered by Costa (TX) Myrick the gentleman from Tennessee (Mr. Costello Jenkins Nadler (NY) Representatives: GORDON) that the House suspend the Courtney Johnson (GA) Napolitano OFFICE OF THE CLERK, rules and agree to the resolution, H. Cuellar Johnson (IL) Neal (MA) HOUSE OF REPRESENTATIVES, Culberson Johnson, E. B. Neugebauer Washington, DC, October 20, 2009. Res. 558, as amended. Cummings Johnson, Sam Nunes Hon. NANCY PELOSI, Dahlkemper Jones Nye This will be a 5-minute vote. Speaker, House of Representatives, Washington, The vote was taken by electronic de- Davis (AL) Jordan (OH) Oberstar Davis (CA) Kagen Obey DC. vice, and there were—yeas 405, nays 0, Davis (IL) Kanjorski Olson DEAR MADAM SPEAKER: Pursuant to the not voting 27, as follows: Davis (KY) Kaptur Olver permission granted in Clause 2(h) of Rule II

VerDate Nov 24 2008 03:42 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.055 H20OCPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE H11482 CONGRESSIONAL RECORD — HOUSE October 20, 2009 of the Rules of the U.S. House of Representa- vision, I have sent to the Federal Reg- Just days after Bob’s passing, we lost tives, the Clerk received the following mes- ister for publication the enclosed notice another public servant with roots in sage from the Secretary of the Senate on Oc- stating that the national emergency northern Michigan. tober 20, 2009, at 5:23 p.m.: with respect to the situation in or in On Saturday, former Congressman That the Senate agreed to the Conference Report accompanying the bill H.R. 2892. relation to the Democratic Republic of Jay Johnson, a Democrat from Green That the Senate passed without amend- the Congo, and the related measures Bay, Wisconsin, passed away. Jay was a ment H.R. 621. blocking the property of certain per- native of Bessemer in Michigan’s Upper That the Senate passed S. 1793. sons contributing to the conflict in Peninsula and a graduate of Gogebic With best wishes, I am that country, are to continue in effect Community College and Northern Sincerely, beyond October 27, 2009. Michigan University. He was a man of LORRAINE C. MILLER, The situation in or in relation to the the people, and he was always proud to Clerk of the House. Democratic Republic of the Congo, be known by his Upper Peninsula roots. f which has been marked by widespread Jay worked as a journalist for 32 violence and atrocities that continue years in Wisconsin, Florida, and Michi- REMOVAL OF NAME OF MEMBER to threaten regional stability, con- gan before making a run for Congress. AS COSPONSOR OF H. RES. 874 tinues to pose an unusual and extraor- He represented Wisconsin’s Eighth Mr. SCHRADER. Madam Speaker, I dinary threat to the foreign policy of Congressional District from 1996 to 1998 ask unanimous consent to remove my the United States. For this reason, I and was appointed director of the U.S. name as a cosponsor of H. Res. 874. have determined that it is necessary to Mint by President Clinton in 2000 The SPEAKER pro tempore. Is there continue the national emergency to where he served for 2 years. objection to the request of the gen- deal with that threat and the related I am pleased to have served with Jay tleman from Oregon? measures blocking the property of cer- in Congress, and my heartfelt condo- There was no objection. tain persons contributing to the con- lences go out to his wife, JoLee, and f flict in that country. his entire family. BARACK OBAMA. COMMUNICATION FROM THE f THE WHITE HOUSE, October 20, 2009. CLERK OF THE HOUSE HONORING DAVE AND JULIE f The SPEAKER pro tempore laid be- ZISKA’S SERVICE TO THE BOY fore the House the following commu- b 1915 SCOUTS OF SOUTH FLORIDA nication from the Clerk of the House of HONORING FORMER CONGRESS- (Ms. ROS-LEHTINEN asked and was Representatives: MEN BOB DAVIS AND JAY JOHN- given permission to address the House OFFICE OF THE CLERK, SON for 1 minute and to revise and extend HOUSE OF REPRESENTATIVES, her remarks.) Washington, DC, October 20, 2009. (Mr. STUPAK asked and was given Ms. ROS-LEHTINEN. Madam Speak- Hon. NANCY PELOSI, permission to address the House for 1 er, I rise tonight to congratulate Dave The Speaker, House of Representatives, minute and to revise and extend his re- and Julie Ziska for 28 years of service Washington, DC. marks.) to the Boy Scouts of south Florida. DEAR MADAM SPEAKER: Pursuant to the Mr. STUPAK. Madam Speaker, ear- This year, the many individuals and permission granted in Clause 2(h) of Rule II lier today the House observed moments of the Rules of the U.S. House of Representa- families who have been enriched by the tives, I have the honor to transmit a sealed of silence for two former Members of Ziskas gather together in Miami as envelope received from the White House on this Chamber. Dave and Julie receive the 2009 Distin- Tuesday, October 20, 2009 at 4:28 p.m., and Last Friday, former Congressman guished Citizen Award from the South said to contain a message from the President Bob Davis, a Republican from St. Florida Council of the Boy Scouts of whereby he submits a copy of a notice filed Ignace, Michigan, and my predecessor America. earlier with the Federal Register continuing in Congress, passed away in Arlington, The Boy Scouts of America is an out- the emergency with respect to the situation Virginia. Bob Davis dedicated his life standing organization that fosters in or in relation to the Democratic Republic to public service. He served members of of the Congo, first declared by Executive strong ideals in young men and helps Order 13413 of October 27, 2006. his community as owner and operator build leaders for the future. With the With best wishes, I am of a funeral home in St. Ignace before Ziskas’ amazing service and support, Sincerely, serving in the Michigan State House the Boy Scouts of south Florida has LORRAINE C. MILLER, and State Senate, where he was the Re- been able to successfully accomplish Clerk of the House. publican leader. this mission. Dave and Julie Ziska f In 1978, Bob was elected to Congress have not only had a profound impact where he served for 14 years. Over the on the Boy Scouts but also on the fam- CONTINUATION OF THE NATIONAL course of those 14 years, Bob Davis was ilies of the Scouts and the entire south EMERGENCY WITH RESPECT TO known to the people of what was then Florida community. THE DEMOCRATIC REPUBLIC OF Michigan’s 11th Congressional District The Ziska’s guidance and goodwill THE CONGO—MESSAGE FROM for his constituent services. Bob’s last, over the past 28 years has encouraged THE PRESIDENT OF THE UNITED and perhaps greatest, legislative many young men to become active in STATES (H. DOC. NO. 111–71) achievement was the establishment of Scouting. In fact, 207 young men at- The SPEAKER pro tempore laid be- the Keweenaw National Historic Park tained the distinct and high honor of fore the House the following message in Michigan’s Upper Peninsula, which being Eagle Scouts with their help. from the President of the United showcases the region’s rich mining her- I congratulate and recognize Dave States; which was read and, together itage. and Julie Ziska for their commendable with the accompanying papers, referred Just like they did 17 years ago with service to the Boy Scouts of America to the Committee on Foreign Affairs the establishment of the Keweenaw Na- and to the Boy Scouts of south Florida. and ordered to be printed: tional Historic Park, the people of the Congratulations. To the Congress of the United States: Keweenaw Peninsula rang the local f Section 202(d) of the National Emer- church bells in tribute to Congressman gencies Act (50 U.S.C. 1622(d)) provides Davis last Friday as citizens paid trib- GUN CONTROL IN CHICAGO for the automatic termination of a na- ute and silently prayed for Bob and his (Mr. QUIGLEY asked and was given tional emergency unless, prior to the family. permission to address the House for 1 anniversary date of its declaration, the I join my constituents and Members minute.) President publishes in the Federal Reg- of this Chamber in paying tribute to Mr. QUIGLEY. Madam Speaker, in ister and transmits to the Congress a Bob and offering our sympathy and the past weeks and months, Chicago notice stating that the emergency is to prayers to his wife, Brook, and their has made national news, unfortunately continue in effect beyond the anniver- children Rob, Lisa, George, Alexandra, not just because of the Olympic deci- sary date. In accordance with this pro- and Hannah. sion. It is because school-age children

VerDate Nov 24 2008 04:28 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\A20OC7.021 H20OCPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE October 20, 2009 CONGRESSIONAL RECORD — HOUSE H11483 have been attacked and killed by other minute and to revise and extend his re- HEALTH CARE AND school-age children. The last thing our marks.) TRANSPARENCY city needs is more guns on our streets Mr. KAGEN. Madam Speaker, like (Mr. BURGESS asked and was given and more children fearing for their everyone else in northeast Wisconsin, I permission to address the House for 1 safety. am shocked and saddened by the pass- minute and to revise and extend his re- Recently, the United States Supreme ing of my friend, former Congressman marks.) Court agreed to review McDonald v. Jay Johnson. Jay represented the Mr. BURGESS. Madam Speaker, it’s City of Chicago, a case that challenges Eighth District of Wisconsin in this now been over 5 months since the whether Chicago’s local handgun ban is body from January of 1997 to January White House announced numerous legal. In a time of national concern 1999. deals with major stakeholders in the over senseless and deadly attacks, it is Jay was a friend of mine. He was a health care debate. Little or no details a concern. gentle person, and everyone in north- regarding these negotiations have been Since 1983, it has been illegal to pur- east Wisconsin was considered his released. And last week during the Fi- chase or own a handgun within Chicago friend as well. He served the best inter- nance Committee hearings in the other city limits. Over the course of that 26 ests of all of our families and will be body, a plan for a commission to slow years, Chicago has seen the number of greatly missed. the growth of Medicare spending was registered handguns drop. Guns have For many years, Jay’s trusted voice revealed. But it was then revealed that become scarcer, saving lives and cre- and kind countenance came into all of the hospitals would be exempt from ating safer neighborhoods in the proc- our homes as a news anchor on WFRV– this commission because, according to ess. TV and WLUK–TV in Green Bay. His Congress Daily, they had already nego- As we work to make our cities and colleagues in this room here all recall tiated a cost-cutting agreement with communities safer, there are many ad- how kind he was. His colleagues in the the White House. ditional things we could and should newsroom in Green Bay recalled his You know, despite the rhetoric of fight for. I stand ready to work with kind heart, his unending patience, and last fall, then-candidate Obama’s the administration to reinstate the as- his grand sense of humor. They will re- promise to make all health care reform sault weapons ban and ready to work member him as a gentleman in every negotiation public, we still have very with this body to close the gun show sense of the world. few details on what exactly was agreed It’s clear from his life spent in front loophole. to during these highly publicized but of the camera and here in public serv- But in the absence of Federal action, very secret meetings last May. How ice that he truly loved people. it is critical that we preserve the can Congress do its due diligence in In 2000, President Clinton appointed rights of the people to protect their creating policy before us without the Jay to be director of the United States children and their families at the local crucial details? More importantly, how Mint; and more recently, he ran Jay level. can the American public know what we Johnson Coins and Consulting. f are doing is indeed in their best inter- During my service here, Jay had been est? RECOGNIZING OCTOBER AS DO- a mentor, an adviser, and a close In January of this year, we were MESTIC VIOLENCE AWARENESS friend. On behalf of the people of the promised an administration that would MONTH Eighth District of Wisconsin, I want to bring all parties together; we were (Mr. PAULSEN asked and was given thank Jay for his service and extend promised an administration that would permission to address the House for 1 my deepest sympathies to his wife, not negotiate behind closed doors and minute and to revise and extend his re- JoLee, their family and friends. in fact would be broadcasting these ne- marks.) f Mr. PAULSEN. Madam Speaker, Oc- gotiations on C–SPAN so that the tober is Domestic Violence Awareness PROTECT SMALL BUSINESS FROM American people could see for them- Month, a time to remember the victims BIG GOVERNMENT selves what the choices were. of this terrible and often hidden crime (Mr. WILSON of South Carolina When will these cease to become and also a time to renew our commit- asked and was given permission to ad- promises and become reality? ment to eliminating it. dress the House for 1 minute and to re- f I recently had the privilege of par- vise and extend his remarks.) SPECIAL ORDERS ticipating in the dedication ceremony Mr. WILSON of South Carolina. for a new Peace Garden at Cornerstone Madam Speaker, small businesses are The SPEAKER pro tempore. Under Shelter in my district. The garden hon- doing all they can to create jobs and the Speaker’s announced policy of Jan- ors both the victim of the crime as well bring our economy back to life. Unfor- uary 6, 2009, and under a previous order as those people committed to restoring tunately in Washington, Democrats of the House, the following Members hope for those who have experienced have decided to scheme new taxes and will be recognized for 5 minutes each. domestic violence. The Minnesota De- mandates as a part of their Big Govern- f partment of Public Safety has reported ment takeover of the health care sys- The SPEAKER pro tempore. Under a that 70,000 primary victims have re- tem. With 263,000 more jobs lost last previous order of the House, the gentle- ceived services from battered women’s month, it is shocking that Democrats woman from California (Ms. WOOLSEY) shelters and domestic abuse agencies in believe now is the time to punish small is recognized for 5 minutes. 2008 alone. business that creates the majority of (Ms. WOOLSEY addressed the House. Thankfully, we have organizations jobs in America. Her remarks will appear hereafter in like Cornerstone who provide needed The National Federation of Inde- the Extensions of Remarks.) assistance and resources to victims pendent Business has revealed the Big f while working to end domestic violence Government Democrat health takeover CONGRESS NEEDS TO STEP UP TO as a whole. When we bring the light of would cost 1.6 million jobs in the THE PLATE FOR SENIORS truth to an issue like domestic abuse, United States. Destroying jobs will its power to destroy decreases. make it harder, not easier, for individ- The SPEAKER pro tempore. Under a It’s important that we remember the uals to afford health care. previous order of the House, the gen- victims of domestic violence and let We need H.R. 3400 to target reforms tleman from Connecticut (Mr. MURPHY) them know they are not alone as we to our health insurance system, like is recognized for 5 minutes. fight to make the world a better place. shopping for plans across State lines, Mr. MURPHY of Connecticut. Madam f association health plans for small busi- Speaker, my colleagues, yesterday I nesses, and tax credits for individuals had the privilege to be in the heart of RECOGNIZING THE PASSING OF to purchase insurance. my district in Waterbury, Connecticut, CONGRESSMAN JAY JOHNSON In conclusion, God bless our troops, to meet with a group of seniors, very (Mr. KAGEN asked and was given and we will never forget September the concerned and active seniors. They call permission to address the House for 1 11th in the global war on terrorism. themselves the Silver Waves. And

VerDate Nov 24 2008 03:42 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.061 H20OCPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE H11484 CONGRESSIONAL RECORD — HOUSE October 20, 2009 through letters and phone calls and designed to reflect the true cost of liv- is a myth. The only way that govern- emails and thousands of one-on-one ing increases for them gives them a ment can do it cheaper is to drastically conversations throughout the greater zero percent increase when they know cut services to patients, ration care or Waterbury area, they have been able to that their costs are increasing on a both. gather over 300 signatures on the peti- regular basis, and why they can’t get Madam Speaker, has there ever been tion that I am holding right here ex- Congress to step up to the plate and a government program that costs less pressing why they believe that this help them when it seems like over the than projected? I don’t think that has Congress has to start paying attention past decade, a lot of other people with happened in the history of the Repub- to the very real economic pressures a lot more influence and a lot more lic. that seniors in this economy and in power than them have been helped. If the goal is to make government- this country are facing and why, in So I’m here to deliver these petitions run Halloween health care more effi- particular, we need to step up to the and to say ‘‘thank you’’ to people like cient, the bill fails once more. The gov- plate and do the right thing for seniors Lucille Keating, Jeannine Laliberte, ernment is almost always more ineffi- who are about to face a zero percent in- Lorraine Johnston and Lida Keroski, cient because it has no competition, crease on Social Security in this coun- who put these together, and assure has no accountability, and when it runs try. them not only do I agree with the sen- out of money, it just spends more timent they and so many Americans money and taxes the taxpayer. b 1930 have brought to this House, but that I However, if the real goal of this legis- Madam Speaker, I’m here to bring believe we are going to take seriously lation is to have government take con- these petitions to my colleagues be- the notion that in this very difficult trol of our health care, the bill is a cause I couldn’t agree with them more. economy we need to step up to the total success. This economic downturn has hit all plate and do the right thing for seniors The Halloween health care nightmare of us, but it has hit seniors in par- in this country. on Capitol Hill is this specific provi- ticular. Just like many Americans, f sion—government takeover of health they have mortgages to pay, they’ve care. So rather than let the govern- got car payments to make, and they’ve HALLOWEEN HEALTH CARE ment take care of us all, Congress got grocery bills to pay. But unlike Mr. POE of Texas. Madam Speaker, should reform specific problems under many Americans, they also face dis- the Senate’s Halloween health care bill our current system. Allow insurance to proportionately high health care costs, seeped out of the dark dungeons of the be purchased across State lines, pro- unusually high prescription-drug costs, Capitol Building today. News reports vide for a safety net for catastrophic and multiple bills that seem only to be say it’s 1,500 pages long. Why is legisla- injury or illness, have a method to rising. Put that together with de- tion drafted in the secret, dark caverns allow people with preexisting condi- creased retirement funds, and seniors of the Capitol, where the trolls roam at tions to obtain insurance, allow for are facing a particularly tough fore- night, void of public view? Is it so health savings accounts so people can cast. scary the healthcrats don’t want us to take care of themselves and get a tax Now over the past year, this Congress know what’s in it? break, provide tax incentives and tax has tried to take some steps to pull We need to know exactly what’s in breaks for businesses who take care of this economy up from the depths of the these bills and how much they really their employees rather than more recession. We’ve acted to make sure cost before we vote on anything. And taxes on small businesses, which taxes that our financial system didn’t col- why is there such a rush to pass a bill them to death, and eliminate the fraud, lapse. We’ve moved quickly to make anyway? Maybe they have frightening waste and abuse in the Medicaid sys- critical investments in our economy to parts that no one will see if quickly tem. help it recover. We’re working now to passed. One scary part is the govern- And, Madam Speaker, there are try to make this health care system ment wanting American money now. many other specific things Congress work for both our customers, our pa- You see, new taxes take effect imme- should do. But turning over America’s tients and also for our economy. But in diately, but the legislation won’t be in health to the Federal Government is all of this, we have to remember that operation until 2013. That’s right. unhealthy for the American people. seniors throughout this country face American taxpayers pay 3 years of new Such an idea is truly a Halloween economic challenges that are unique taxes on a deal that doesn’t take effect nightmare and a trick on the American only to them, and as we continue to for 3 years. Now isn’t that scary? people. work on getting our entire economy to And what is the goal of this govern- And that’s just the way it is. recover, we have to remember that we ment bill? If the goal is to provide uni- f have to specifically target seniors, versal health care for everyone, the bill The SPEAKER pro tempore. Under a most of which are living on fixed in- is a failure. The President told us there previous order of the House, the gen- comes today. are 30 million uninsured. The Congres- tleman from Oregon (Mr. DEFAZIO) is Now the impetus behind these peti- sional Budget Office said the latest and recognized for 5 minutes. tions is a very real sense from the sen- greatest bill still will leave 25 million (Mr. DEFAZIO addressed the House. ior citizens in my district, which I uninsured. So we’re letting the govern- His remarks will appear hereafter in think is reflective of a feeling across ment take over health care just to add the Extensions of Remarks.) this country, that over the past decade 5 million people to the government sys- f or so, they’ve watched Washington dole tem. It would be cheaper just to buy out special favors to the insurance them all health insurance and then re- U.S. DEFICIT BIGGEST SINCE 1945 companies, to the drug companies, to quire proof of citizenship to get insur- The SPEAKER pro tempore. Under a the oil companies and to the banks. ance rather than spend trillions and let previous order of the House, the gen- And they’re wondering where the help Uncle Sam take care of us all. tleman from North Carolina (Mr. is for them. And in the middle of this If the goal of the Halloween health JONES) is recognized for 5 minutes. tough economic recession, just when care bill is to provide better quality Mr. JONES. Madam Speaker, I would they’re waiting for the help to come to care, the bill is a failure. Just look at like to share with the House tonight them, they get some of the worst news the way the government runs the In- some writings from the October 16, of all, that they will be receiving a zero dian universal health care system. The 2009, CNNMoney.com. The title is, percent increase in their Social Secu- government has been committing med- ‘‘U.S. Deficit Biggest Since 1945.’’ rity check. ical malpractice against the Indians ‘‘The Obama administration on Fri- Now that’s why we need to listen to for decades. If the goal is to make day said the government ran a $1.42 the people who have signed these peti- health care cheaper, the bill fails trillion deficit in fiscal year 2009. That tions, because this number is 3,000 in again. The bill will cost over $1 trillion made it the worst year on record since Waterbury, Connecticut, but it would just to set it up. And the idea that gov- World War II, according to data from be millions across the country of sen- ernment can run an entire health care the Treasury and the White House Of- iors who want to know why a formula system cheaper than the private sector fice of Management and Budget. Tax

VerDate Nov 24 2008 04:28 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.065 H20OCPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE October 20, 2009 CONGRESSIONAL RECORD — HOUSE H11485 receipts for the year fell 16.6 percent want to ask God in His loving arms to born from the financial crisis are not the overall, while spending soared 18.2 per- hold the families who have given a biggest crux of the problem. cent. Consequently, the annual deficit child dying for freedom in Afghanistan ‘‘While a lot of attention has been given to the recent fiscal deterioration, the federal rose 212 percent to the record dollar and Iraq. And Madam Speaker, I want government faces even larger fiscal chal- amount of $1.42 trillion, from $455 bil- to ask God to please give wisdom, lenges that will persist long after the return lion a year earlier.’’ strength and courage to the President of financial stability and economic growth,’’ I continue to read from this article: of the United States. And I ask three the GAO said. ‘‘As a result, the country is very near times, God please, God please, God The GAO further cautioned that the yawn- to breaching its so-called ‘‘debt ceil- please continue to bless America. ing deficit problems should be addressed ing,’’ currently set at $12.1 trillion. [From CNNMoney.com, Oct. 16, 2009] sooner rather than later. Lawmakers, however, are expected to ‘‘The longer action to deal with the na- U.S. DEFICIT BIGGEST SINCE 1945 tion’s long-term fiscal outlook is delayed, vote to raise that ceiling this fall.’’ OBAMA ADMINISTRATION CLOSES THE BOOKS ON the larger the changes will need to be, in- I further share with the House: FISCAL 2009: FALLING REVENUE PLUS SOARING creasing the likelihood that they will be dis- ‘‘In August, the OMB projected a 10- SPENDING LEADS TO A $1.42 TRILLION DEFICIT ruptive and destabilizing.’’ year deficit of $9 trillion, assuming (BY JEANNE SAHADI) The Obama administration is promising to President Obama’s 2010 budget pro- The Obama administration on Friday said put a plan in place to lessen the deficit when posals are put in place. A deficit of the government ran a $1.42 trillion deficit in the economy recovers. that magnitude means the debt held by fiscal year 2009. ‘‘It was critical that we acted to bring the the public would approach 82 percent of That made it the worst year on record economy back from the brink earlier this since World War II, according to data from year. As we move from rescue to recovery, gross domestic product. That’s double the president recognizes that we need to put the 41 percent recorded in 2008. the Treasury and the White House Office of Management and Budget. the nation back on a fiscally sustainable ‘‘The 10-year forecast as well as the Tax receipts for the year fell 16.6% overall, path,’’ said OMB director Peter Orszag in a longer-term outlook are considered while spending soared 18.2%. The rising un- statement. ‘‘As part of the FY2011 budget unsustainable. The GAO further cau- employment, the economic slowdown and the policy process, we are considering proposals tioned that the yawning deficit prob- extraordinary measures taken by lawmakers to put our country back on firm fiscal foot- lems should be addressed sooner rather to stem the economic meltdown that hit in ing.’’ than later. The longer action to deal fall 2008. f with the Nation’s long-term fiscal out- Consequently, the annual deficit rose 212% The SPEAKER pro tempore. Under a look is delayed, the larger the change to the record dollar amount of $1.42 trillion, previous order of the House, the gen- from $455 billion a year earlier. will need to be, increasing the likeli- As a share of the economy, the deficit ac- tleman from Michigan (Mr. STUPAK) is hood that they will be disruptive and counted for 10% of gross domestic product, recognized for 5 minutes. destabilizing.’’ up from 3.2% in 2008. As breathtaking as that (Mr. STUPAK addressed the House. Madam Speaker, I wanted to share may be, it’s still not in the same strato- His remarks will appear hereafter in that tonight with the House because sphere as the 1945 deficit, which hit 21% of the Extensions of Remarks.) whether you be a Republican, which I GDP. f am, or a Democrat, this country needs PERFECT DEFICIT COCKTAIL MIX The SPEAKER pro tempore. Under a to understand that no longer can it Fiscal year 2009, which ended Sept. 30, had previous order of the House, the gen- take care of the world, because we all the right ingredients for a recordbreaking tleman from New York (Mr. KING) is can’t even take care of our own Nation. deficit. recognized for 5 minutes. I want to make reference just briefly While tax revenue overall took a big hit, corporate receipts led the way, falling 55%. (Mr. KING of New York addressed the to a book that I read a couple of years Individual income tax revenue fell 20%. House. His remarks will appear here- ago that I would recommend to each At the same time spending jumped in large after in the Extensions of Remarks.) Member of Congress. And if I could buy part because of the various economic and fi- f it for each Member of Congress, I nancial rescue measures undertaken. The would, but I cannot. It is called ‘‘Day Treasury and the OMB noted that the $700 HONDURAS of Reckoning’’ by Pat Buchanan. The billion Troubled Asset Relief Program and The SPEAKER pro tempore. Under a book ‘‘Day of Reckoning’’ reminds the $787 billion American Recovery and Rein- previous order of the House, the gentle- vestment Act, not all of which has been used, America what has happened to other woman from Florida (Ms. ROS- accounted for 24% of the deficit total. great nations, whether it be England, As a result, the country is very near to LEHTINEN) is recognized for 5 minutes. Spain or France. These nations went breaching its so-called debt ceiling, cur- Ms. ROS-LEHTINEN. Madam Speak- down the road where they believed in rently set at $12.1 trillion. Lawmakers, how- er, I rise tonight to once again express building empires around the world and ever, are expected to vote to raise that ceil- my strong support for the elections making everybody be like they are. ing this fall. scheduled to take place in Honduras on They all collapsed in a matter of years. At the end of September, the country’s November 29. Though much of the re- Rome is probably the best example of a total debt—which is an accumulation of all cent news coming out of Honduras has annual deficits to date plus other obliga- been focused on the current round of nation that felt that it could go and tions—stood at $11.9 trillion. create other entities around the world, talks between the representatives of THE LONG-TERM VIEW and they failed, as well. Manuel Zelaya and the current Hon- In August, the OMB projected a 10-year duran Government, one thing has re- So, Madam Speaker, in closing, I deficit of $9 trillion, assuming President would like to ask unanimous consent Obama’s 2010 budget proposals are put in mained constant through it all: The to put the entire article from place. Honduran elections that are scheduled CNNMoney.com into the RECORD. A deficit of that magnitude means the debt to take place on November 29. The SPEAKER pro tempore. Is there held by the public would approach 82% of The most recent talks began with objection to the request of the gen- gross domestic product. That’s double the both sides agreeing that the elections tleman from North Carolina. 41% recorded in 2008. should proceed ahead as planned. Pre- There was no objection. Most budget experts blanch at the thought, dictably, however, now that Zelaya is especially given that the country’s fiscal fu- realizing that he won’t be able to jump Mr. JONES. Madam Speaker, I thank ture was already a source of concern before you very much. And I hope that we in the economic crisis because of expected back into his throne of power as easily Congress, as we debate not only the shortfalls over time in funding for Medicare as he expected, he and his supporters health bill, but other bills, determine and Social Security. have started to call for boycotts and how we’re going to pay for it. Is it fair The financial and economic meltdowns of nonrecognition of the elections. Not for our grandchildren to pick up the the past year have accelerated the strain on surprisingly, Zelaya’s ALBA fan club, debt of those of us today who are irre- federal coffers. So much so that now the 10- headed by Venezuela’s Hugo Chavez, sponsible to our responsibility of main- year forecast as well as the longer-term out- got together this weekend in Bolivia. look are considered unsustainable, according taining a frugal government? to deficit experts William Gale and Alan The ALBA league of oppressors and And with that, Madam Speaker, as I Auerbach. dictators-in-waiting issued a statement always do, I want to ask God to please In a report this week, the Government Ac- stating that neither the Honduran elec- bless our men and women in uniform. I countability Office noted that the deficits toral process nor its outcomes should

VerDate Nov 24 2008 03:42 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.068 H20OCPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE H11486 CONGRESSIONAL RECORD — HOUSE October 20, 2009 be recognized by the international tions, and I encourage my fellow col- happy to report the campaign logged community unless Zelaya has been re- leagues to go to Honduras for them- its 1,100th volunteer, but Jana’s work stored to power. selves. Go now and go for the elections. still remains unfinished. The United States must have no part See for yourselves what we are dealing Jana’s story proves that no State, in these efforts. They are undermining with and the impact that the U.S. pol- community or family is immune from and delegitimizing the Honduran elec- icy is having on a democratic ally, a domestic violence. Domestic violence tion. We have got to make sure that we friend of the United States. does not discriminate based upon gen- recognize the validity of this process, Again, I welcome all of my col- der, race, age, education or social sta- and we should say to the world that we leagues to join me tomorrow for a tus, and its plague wreaks havoc on our must recognize the free will of the Hon- briefing with members of the Honduran day-to-day lives within our commu- duran people to express their desires in Supreme Electoral Tribunal. Let de- nities and our overflowing criminal the ballot box. mocracy take root once again in Hon- justice system. The United States cannot play duras. Every year, there are more than 4 wingman to tyrants who dismiss funda- f million new incidents of domestic vio- mental civil liberties and forsake con- The SPEAKER pro tempore. Under a lence reported in the United States, stitutional commitment. We should be previous order of the House, the gen- with many more unaccounted for due proud of our democratic standards and to fear and intimidation. Of those 4 tleman from Florida (Mr. GRAYSON) is not fear standing alone, if necessary, recognized for 5 minutes. million reported cases, nearly 100,000 against those who work against the (Mr. GRAYSON addressed the House. Kansans fall victim to domestic vio- freedom agenda. His remarks will appear hereafter in lence each year. Despite tremendous world pressure the Extensions of Remarks.) While we make gains in raising and punishment, the people of Hon- awareness about domestic violence and duras have remained true to their de- f providing assistance to affected vic- mocracy and their constitution. And NATIONAL DOMESTIC VIOLENCE tims, there is still much work to be the November 29 elections are just one AWARENESS MONTH done. Whether we are part of a business more testament to their unwavering providing a service, such as refur- commitment. The SPEAKER pro tempore. Under a bishing cell phones for women in do- Tomorrow I will be hosting a Mem- previous order of the House, the gen- mestic emergencies, or volunteers do- bers briefing, open to all Members, Re- tleman from Kansas (Mr. MORAN) is nating time to local domestic violence publicans and Democrats, with the recognized for 5 minutes. centers, we all can do more to end do- members of the Honduran Supreme Mr. MORAN of Kansas. Madam mestic violence. I encourage my House Electoral Tribunal. This will afford an Speaker, throughout my tenure in Con- colleagues to seek out a center, a shel- opportunity for Members from both gress, I have worked to raise awareness ter, or an organization in their district sides of the aisle to discuss the meas- about the devastating impact of domes- or State and to further engage on this ures being undertaken in Honduras to tic violence. I rise again this evening issue. ensure that the November elections to recognize the month of October as This October, let us remember the proceed as scheduled. I invite all of my National Domestic Violence Awareness victims of domestic violence and learn colleagues again to please join us for Month. Each year I visit the House from their courage as we do our best to this important discussion. Although we floor to speak about this topic, I hope ensure that our communities are a safe may have differing views regarding the that there will be some signs of place to live, work, and raise families. approach that the United States has progress in the fight against domestic I encourage my colleagues to join me taken to the situation in Honduras, I’m violence, but sadly, Americans still in recognizing October as Domestic Vi- hopeful that free, fair, clean and trans- suffer from its effects. olence Awareness Month. parent elections is the way that we can As I have reminded my colleagues, Madam Speaker, I ask for continued all unite. often we assume that acts of domestic support and assistance for domestic vi- violence don’t occur in our own com- olence prevention programs. b 1945 munities or to people we know or fami- This is a concept that all Americans lies that live down the street. Last f should agree. U.S. policy has histori- year, I shared the story of a young The SPEAKER pro tempore. Under a cally recognized and even encouraged woman from my hometown in Kansas previous order of the House, the gentle- the implementation of elections as a named Jana Mackey, and today I would woman from Ohio (Ms. KAPTUR) is rec- necessary step to moving forward from like to provide you with an update of ognized for 5 minutes. an untenable political situation. Just her story. (Ms. KAPTUR addressed the House. this past August, as a matter of fact, Jana was born July 20, 1982, in Harp- Her remarks will appear hereafter in Secretary of State Clinton visited An- er, Kansas. She was an active member the Extensions of Remarks.) gola, where she emphasized repeatedly of 4–H, an athlete, and a talented musi- f the importance of holding timely, free, cian. Upon graduation from high The SPEAKER pro tempore. Under a and fair presidential elections in An- school, she completed a bachelor’s de- previous order of the House, the gen- gola. gree, where she discovered her pas- tleman from Indiana (Mr. BURTON) is Each year, the United States spends sion—advocating for others. Jana went recognized for 5 minutes. millions and millions of our tax dollars on to pursue a law degree from the Uni- (Mr. BURTON of Indiana addressed to support elections through our demo- versity of Kansas and fought for equal- the House. His remarks will appear cratic form of government and to make ity and social justice through her work hereafter in the Extensions of Re- sure that we promote governance pro- with countless organizations, including marks.) grams around the world. So why, then, volunteer work at Lawrence, Kansas’ f does the U.S. commitment to and sup- GaDuGi SafeCenter, a shelter that aids port of elections fade away when it victims of sexual assault and domestic The SPEAKER pro tempore. Under a comes to Honduras? It should not. It violence. But on July 3, 2008, Jana’s previous order of the House, the gentle- must not. own life was ended by an act of domes- woman from North Carolina (Ms. FOXX) A stable, secure, democratic Hon- tic violence. is recognized for 5 minutes. duras is what is in the best interest of Since her death, Jana’s parents, Curt (Ms. FOXX addressed the House. Her the United States. This election that and Christie Brungardt, started the remarks will appear hereafter in the will take place on November 29 offers Eleven Hundred Torches campaign to Extensions of Remarks.) us the perfect opportunity for this to inspire others to continue Jana’s admi- f happen—free, fair, democratic elec- rable work. The goal was to encourage The SPEAKER pro tempore. Under a tions. I urge the State Department to 1,100 people to carry on Jana’s torch previous order of the House, the gen- encourage international observers to through civic engagement and vol- tleman from Florida (Mr. POSEY) is rec- participate in these upcoming elec- unteerism. As of this month, I am ognized for 5 minutes.

VerDate Nov 24 2008 03:42 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.071 H20OCPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE October 20, 2009 CONGRESSIONAL RECORD — HOUSE H11487 (Mr. POSEY addressed the House. His spending as a percentage of GDP— be elevated from just a national debate remarks will appear hereafter in the that’s what this chart is showing is to a matter of national security. And Extensions of Remarks.) government spending as a percentage it’s not just Congressman BOCCIERI f of GDP—you can see it taking off at a from the 16th District of Ohio saying trajectory that truly is frightening. this. HALLOWEEN BUDGET SCARE The Republican alternative budgets, as In fact, in 2003, the United States De- The SPEAKER pro tempore. Under a you can see there, show a trend line partment of Defense issued a study and previous order of the House, the gen- down so that we would be moving away suggested that the risk of abrupt cli- tleman from South Carolina (Mr. ING- from government spending as a per- mate change should be elevated beyond LIS) is recognized for 5 minutes. centage of GDP. It would actually be a scientific debate to a U.S. national Mr. INGLIS. Madam Speaker, to- declining over the years to come. security concern. The economic disrup- night I want to talk about where we So, the question for us as Americans tions associated with global climate are with the budget deficit. is: How are we going to cope with the change are projected by the CIA and Just in time for Halloween, we are fact that we’ve got a $13 trillion accu- other intelligence experts to place in- looking at scary numbers: an annual mulated debt? First thing we could do creased pressure on weaker nations deficit of $1.42 trillion, accumulated is cancel the unspent part of the stim- that may be unable to provide the debt of $13 trillion. It’s a real fright. ulus package; that’s $787 billion. Only basic needs and maintain order for So, what does it compare to in our his- 13 percent of it has been spent. Surely their citizens. tory? we can cut that out. The next thing we So, from my own perspective, having Well, here we have a chart that can do is make sure we do no harm in graduated with a degree in baseball and shows the historical debt levels of the health care, and that means avoiding minoring in economics, I didn’t get United States. This is debt owed to the yet another government program like into the whole scientific debate on public, not intergovernmental debt. Medicare and Medicaid that involve whether climate change was real or But what it shows is that after World cost shift. That means that private sec- perceived, but when the military ex- War II there was a substantial amount tor employers and people covered by perts and our intelligence experts of debt owed to the public; in fact, it their own insurance will have to make speak, I’m going to listen, and I have was over 100 percent of our gross do- up for the shortfall created by the cost to tell you that America should be lis- mestic product. Since then, it has gone shift that comes from these under- tening as well. down nicely, and that’s a good thing. paying government programs. But even I hope that over this next 60 minutes But here, lately, you can see the tra- in their underpayment, they create an we will have a robust discussion about jectory over there of where we’re head- enormous government deficit problem. how this energy policy is going to ed to, another dangerously high level So, Madam Speaker, the message I move our country down the field so of debt; again, an accumulated debt think to all of us, Republicans and that we can end our dependence on for- right now of $13 trillion, and this year Democrats, the President and the Con- eign oil and we can make sure that our will throw on 1.42 trillion from this gress, is to come together to figure out country becomes energy independent. year’s annual deficit. a way to get this trajectory down, to After all, we did send a man to the But the historical debt level gives us not be looking at this kind of govern- Moon in 10 years, and I think and be- a little bit of comfort because it shows ment spending that takes off, but rath- lieve in my heart of hearts that we can that after World War II we had a higher er to bring that down. become energy independent in the next percentage of debt than we do now. But f 15 to 20 years. I believe in the innova- there is a big difference between the tion of America, and I believe that we debt after World War II and the debt The SPEAKER pro tempore. Under a previous order of the House, the gen- can do this if we put our efforts on it. today. As you can see here, the com- Now, with the national energy debate tleman from Texas (Mr. BURGESS) is parison of our creditors on this debt is comes a sense of trying to correct the what’s really telling and what, again, recognized for 5 minutes. (Mr. BURGESS addressed the House. status quo. And I know those changes just in time for Halloween, is rather are difficult, but for those who are frightening. His remarks will appear hereafter in the Extensions of Remarks.) against a national robust energy policy In 1945, 95 percent of the debt was for the United States, you hear them owed to the U.S. public; only 5 percent f speak the rhetoric from those who de- of it we were looking at back then was The SPEAKER pro tempore. Under a livered $4-a-gallon gasoline to the foreign investment. Now, then, in 2009, previous order of the House, the gen- United States of America. We listened that $13 trillion debt that I was just tleman from North Carolina (Mr. to the same talking points that deliv- talking about, the U.S. public owns MCHENRY) is recognized for 5 minutes. ered oil prices over $150 a barrel. We only 54 percent of that debt. China (Mr. MCHENRY addressed the House. listened to the same talking points owns 11 percent, other foreign coun- His remarks will appear hereafter in who don’t want us to end our depend- tries, 35 percent. the Extensions of Remarks.) ency on foreign oil. So the very scary thing is that, un- f like World War II where we had a high- b 2000 er percentage of debt compared to GDP ENERGY We import 66.4 percent of our oil but we owed it to ourselves, now with The SPEAKER pro tempore. Under from overseas; 66.4 percent of our oil this $13 trillion debt, we owe it to for- the Speaker’s announced policy of Jan- comes from overseas. Nearly 40 percent eign countries, not to ourselves. uary 6, 2009, the gentleman from Ohio comes from the Middle East. Forty per- The very sad thing for me as a mem- (Mr. BOCCIERI) is recognized for 60 min- cent comes from the Middle East. ber of the Republican Study Com- utes as the designee of the majority History reminds us that, in 1944, mittee is that if we had enacted the leader. when the United States and our allies conservative budgets that we proposed Mr. BOCCIERI. Madam Speaker, bombed the Ploiesti Romanian oil since 2005, we would be, right now, $613 today, we are going to highlight this fields, we effectively cut off the Ger- billion to the better, because over hour on energy and the needs of the man supply of oil; but they quickly those years, we proposed here on this United States in terms of enacting a transitioned to a synthetic fuel, which House floor the most conservative robust energy policy that is going to is a derivative of coal, and they fought budget alternatives offered. Had they create jobs here in America, move on a lot longer. been enacted, we would have been look- away from our dependence on foreign So the single largest user of energy ing at $613 billion less than what we sources of oil, and make our country in the United States is the Department are looking at now by way of debt. stronger in the long term. of Defense. My friends, this is a matter Now, from here, it gets even scarier, Now, I want to speak to you from a of national security, and that’s why an because this chart shows the effect of military perspective, having served energy policy that moves away from President Obama’s proposed budget in nearly 15 years in the United States our dependence on foreign oil is going 2010. As you can see, government Air Force. I think that this issue has to to move us down the field to becoming

VerDate Nov 24 2008 03:42 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.078 H20OCPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE H11488 CONGRESSIONAL RECORD — HOUSE October 20, 2009 energy independent. I believe that the have clean coal and liquefied coal. I patent filings since 2004 came from the amount of alternative energy our Na- think we can use natural gas to our ad- United States. Yet the United States tion is able to produce is only limited vantage both from a homeland security lags behind Europe and Asia in the ac- by the amount of energy we are willing aspect and from an energy independ- tual development of this technology in to invest in it, and that is why the ence aspect as well. Coming from west- the field according to a Navigant re- United States is moving down this ern Pennsylvania, when you think port on photovoltaic markets in 2007. track. about that, that does not mean we So two of the biggest barriers to or- We find that our intelligence experts, don’t think about new types of ener- ganic solar technology today are how over serious matters of national secu- gies. I want to talk about solar and long the cells last in the field and how rity, have talked about this. In fact, about one way western Pennsylvania efficiently they convert sunlight into General Anthony Zinni, a retired mili- has taken a leadership role in solar electrical energy. In closing, my provi- tary staffer, has weighed in on this. We technology. sion would ensure the opportunity for a find that many of our military experts This week, for example, this House is demonstration project to pursue these have weighed in on this as well as the going to consider Congresswoman and other advancements. CIA, which last month just set up a na- GABRIELLE GIFFORDS’ Solar Technology The points of this, as the gentleman tional policy and an agency in launch- Roadmap Act. That establishes a com- was talking about, are military appli- ing the center on climate change, with mittee to draft a solar energy roadmap cations and the ways that we can national security as a focal point for for the Nation. Now, this roadmap sets achieve energy independence. This is its work on this subject. So this is not short-, medium- and long-term solar one example of how western Pennsyl- just a matter of climate change but a technology goals for the United States vania, which you think of as coal coun- matter of national security, and the of America, identifying research, devel- try and as natural gas country—and I impacting phenomena of such certifi- opment and demonstration needs for told you we have the nuclear head- cation is just giving emphasis to the this technology and identifying oppor- quarters—this is one way that we’re fact that we have got to address this as tunities to coordinate that effort all taking a leadership role in solar tech- a matter of national security. across the country. The bill creates a nology as well. So we are going to talk tonight about solar technology research, develop- Mr. BOCCIERI. Well, I couldn’t agree energy. We are going to talk tonight ment and demonstration program that with the gentleman from Pennsylvania about health care. I am joined by some awards merit-reviewed grants for up to more in that we will find the courage of my colleagues on the floor, and we 50 percent of project costs to organiza- to find what is clean coal technology are going to be able to pivot in between tions such as academic institutions, and what we can use clean coal tech- these two subjects tonight as members national laboratories, industry, State nology for. of the 30-somethings because there are research agencies, and nonprofit orga- Let me just say this: the United two topics. nizations. States Air Force right now is testing There are two issues that confront us Now, the reason I wanted to talk is synthetic fuel in our airplanes, and it as a Nation that offer some serious I’m working with my colleagues to in- is using it for other applications broad- challenges for our long-term competi- corporate into the bill for one of the ly across the military because they tiveness. They are health care and en- fiscal year 2011 demonstration projects know that we have more coal reserves ergy, health care in the fact that we a technology called ‘‘organic solar in America than we have oil. spend more than any industrialized technology.’’ Many of us think solar For those who may be out there who country on health care. Yet we find power is a rigid cell of large glass believe that we should drill in America that our outcomes, our life expectancy, plates, but organic solar technology and should take every last drop of oil is on par with Cuba. With infant mor- turns solar cells into high-tech ink out of America, we are going to expand tality and with chronic diseases like that can be printed or sprayed onto drilling at some point. It’s in the Sen- diabetes, heart conditions and asthma, surfaces using the same general idea as ate version of the bill right now; but we rank out somewhere around 38th in an ink-jet printer. If you think about we will always have less oil than the the world. So it’s very clear that we the way that works, that’s the way or- Middle East, and right now 40 percent are spending more than any industri- ganic solar would work as well. of our demand is supplied by the Mid- alized country on health care. Yet our This technology leap allows us to dle East. Many have said that we’re returns and outcomes, our return on turn lightweight, flexible films into funding both sides of this war on ter- investment, is not as good as it needs solar receptors, which open the door to ror, that we’re sending money over to to be. So tonight we are going to talk using solar power for items like cell the Middle East and that they, in turn, about those two subjects as 30-some- phones, laptops and, perhaps, one day, are sending money to rogue terrorist things, energy and health care. as the gentleman was talking about, nations that are actually looking to I am happy to be joined by my col- for military equipment that can re- harm America. league from just a State away, JASON charge in the field or smart labels to So let’s become energy independent. ALTMIRE from Pennsylvania. I would track retail inventory. This technology Let’s use our resources. Let’s use nu- like to recognize him for this time. will potentially cost less than tradi- clear. Let’s use clean coal. Let’s use Mr. ALTMIRE. I thank the gen- tional silicon solar technology because solar. Let’s use the type of biofuels tleman. it’s easier to process. Some manufac- that are being researched right in our I did want to start by joining the turers are confident that they can part of Ohio. gentleman in a discussion of energy. I bring the cost of organic solar tech- Now I want to speak to you because, come from a region of the country nology to one-fifth the cost of tradi- if we end our dependence on foreign oil where we have an incredible amount of tional silicon technology, making solar from the Middle East, what will it coal reserves and where we have nat- technology more attainable for all take? many Americans ask. What will ural gas reserves that exceed anything Americans, certainly western Pennsyl- it take to end our dependence on for- available literally anywhere else in the vania included. eign oil? world. We have the international head- Furthermore, organic solar cells There was a study issued that said if quarters of nuclear, with Westinghouse would potentially be better for the en- we put 27 percent of the vehicles on the headquartered in my district, which vironment than traditional silicon road in the United States which are gas employs 4,200 people currently; and it’s solar technology. Not only does or- electric hybrids, like the Ford Escape growing literally every day. I have a ganic solar technology use less energy or the Toyota Prius, we could end our lot of energy in the district that I rep- in production because it requires less dependency on foreign oil from the resent, and a lot of it is the fossil fuels processing, but the cells can be easily Middle East. Isn’t that an achievable that you hear about. recycled. goal? Eighty percent of the worlds oil When you hear about coal and nat- Today, some estimates show that our reserves are in the hands of govern- ural gas, you say, well, that’s the old Nation is falling behind in bringing ments and of their respective national way of doing things. I would certainly this technology to the market. Half of oil companies. Sixteen of the twenty take issue with that. I think we can the world’s organic solar technology largest oil companies are state-owned—

VerDate Nov 24 2008 03:42 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.083 H20OCPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE October 20, 2009 CONGRESSIONAL RECORD — HOUSE H11489 nations that want to seek harm to the tives to get ourselves off of the oil joined us here this evening, both Rep- United States. which is funneling the efforts against resentatives ALTMIRE and MURPHY, who In fact, we hear from our military us. have indicated that there is an impor- leaders, from General Anthony Zinni, a Mr. BOCCIERI. tance to looking at the big picture retired marine and former head of the Mr. BOCCIERI. Mr. MURPHY, you are frame that should guide this debate Central Command, who said that we exactly right. This is not a debate that and discussion. It is certainly about en- will pay for this one way or another. is new just to this year or to this Con- ergy transformation. It’s about energy We will pay to reduce greenhouse gas gress. In fact, every Presidential can- security that’s enhanced. It’s about emissions today, and we will have to didate running for the highest office in growing our energy independence. But take an economic hit of some kind, or this country last year stated that it is it goes well beyond that. It is a factor; we will pay the price later in military a matter of national security. it is a huge argument that speaks fa- terms, and that will involve human So I remind some of our friends on vorably to our national security, to our lives. It is very clear that this is a mat- the other side who need to be reminded economic security. I think when we ter of national security. of the fact that some of their leaders look at that bigger framework, we’re Mr. MURPHY of Connecticut. Will who were running for this office sug- able to understand the ripple effect of the gentleman yield? gested that we need a national energy benefits, of good, that comes from the Mr. BOCCIERI. I will. policy that moves away from our de- negotiated efforts here in this House to Mr. MURPHY of Connecticut. I pendence on foreign oil, that creates produce a strong bill. For energy trans- thank the gentleman for bringing this jobs in America and that makes Amer- formation, for climate change, for up, and I would like to really put this ica stronger, not weaker. One of those global warming to be addressed in posi- in real terms for people. was Rudolph Giuliani. tive, progressive terms. When I went over to Afghanistan and To the gentleman from Pennsylva- To have listened to some of the dis- Pakistan with a group of Members of nia’s remarks about clean coal, he said cussion and debate on this floor that Congress earlier this year, I, frankly, we need to expand the use of hybrid ve- denounces some of the studies that was surprised to find out that the two hicles, clean coal/carbon sequestration. were authored out there, where the au- major funders, the two major govern- We have more coal reserves in the thors of those studies have suggested ments putting money on the ground in United States than we have oil reserves to us that you’re overstating, exag- Pakistan, were the United States of in Saudi Arabia. This should be a gerating, if not outright denouncing America and Saudi Arabia. Saudi Ara- major national project. This is a mat- studies that have been put together bia has the second largest presence on ter of national security. Every Presi- that speak favorably to these sorts of the ground in Pakistan with regard to dential candidate has suggested that. investments have not stopped people the direct government funding of social We’ll revisit some of their remarks in a from using misinformation and grow- service infrastructure, of educational few moments, but I want to go back to ing the arguments out there that are infrastructure, and of health infra- what some of our national intelligence unfounded, unfounded and unsubstan- structure. If you want a real example experts are saying here. tiated by evidence and by truth and by of how the money that we are paying Peter Ogden, chief of staff to the documentation that has been estab- in gas prices and in home heating oil State Department’s top climate nego- lished. prices are directly ending up contra- tiator, said the sense that climate I think it’s important for us to look vening our national security interests, change poses security and geographical at the facts. If we’re willing to con- there is a perfect example. challenges is central to the thinking of tinue to invest hundreds of billions of Saudi Arabia is taking the money the State Department and the climate dollars into foreign treasuries, to con- that it makes off of American con- office. They’re citing studies that were tinue to rely in a gluttonous measure sumers of oil, and they are putting done under the Department of Defense on fossil-based fuels for our energy that money on the ground in Pakistan which suggested that our National In- agenda, shame on us as a nation. We to fund the madrasas, the religious telligence experts are suggesting that have an opportunity here to go forward schools and many of the efforts that this will be a breeding ground for ter- with a green energy economy that can are feeding this growing generation rorists if we do not look at this very create jobs of various disciplines, from and generations of people who have ad- seriously. Ph.D.s over to those with bachelor’s verse interests to the United States. We are finding that areas which are degrees, over to those who have asso- They are the recruiting tools of the wiped out by tsunamis and which have ciate degrees and skill sets that have Taliban and of the al Qaeda funded on these cataclysmic events happening in been developed with apprenticeship the ground in Pakistan by countries their regions become breeding grounds programs, with voc ed programs. that get revenues from the use of their for terrorists. They can’t fund the na- Across the board, we have an oppor- oil. tional or the basic interests of their tunity to invest in all sorts of dis- So, as we try to chart a path forward communities, of their countries. As a ciplines out there that strengthen our as to how we are going to make sense result, the CIA has said that the eco- economy and strengthen our comeback of the very direct threat presented to nomic disruptions associated with for job creation and job retention in this country by al Qaeda’s presence and global climate change are projected to this nation. by the Taliban’s presence, giving them place increased pressure on weak na- Just the other day we were talking to cover in Pakistan and in Afghanistan, tions which may be unable to provide people in my district from the nano- we can’t lose sight of the fact that this basic needs or to maintain order for science arena. And in a generalization isn’t just about how many troops we their citizens. of that arena, what they see from have there and what our role is vis-a- That is critical, my friends. I didn’t start-up businesses is that we have vis direct military action or the train- get into the whole scientific debate of about 20 percent of Ph.D.s and master’s ing of Afghan troops. This is also about climate change, but I’m paying atten- degree holders occupying jobs at those the fact that, while we are funding all tion when our military experts and centers, at the various start-up busi- of those troops, as you have said, Mr. when our Nation’s intelligence experts nesses that are being established; we BOCCIERI, we are also funding at the are suggesting that we have to elevate have perhaps 20 percent with bachelor’s very same time the efforts that are on- this to a matter of national security. degrees; and then some 60 percent occu- going in both of those countries to un- I know Representative TONKO, from pied jobs that are bringing to that dermine our efforts. New York, has a few words, and he table associate degrees and technical There are, frankly, a dozen great rea- joins us in our 30-something hour. training. So I think it’s very evident, sons that we need to progress towards very obvious, by these calculable sorts energy independence, but with direct b 2015 of outcomes that speak to what’s hap- respect to the security of this country Mr. TONKO. Thank you, Representa- pening in my district that we’re grow- and to the threats presented to it in tive BOCCIERI, for bringing us together ing jobs in every sphere, in every di- the Afghanistan-Pakistan region, we this evening. I can’t agree more with mension, with all sorts of skill sets have immediate, immediate impera- you and the Representatives that have that are required.

VerDate Nov 24 2008 03:42 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.084 H20OCPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE H11490 CONGRESSIONAL RECORD — HOUSE October 20, 2009 It is important for us to go forward they are talking about our readiness as part of southern Virginia and the Sec- with this green energy race. And we a country. The CIA and others are retary of Energy had just recently got- don’t have a choice whether or not to talking about our readiness as a coun- ten back from China. He was looking at enter in. We have a choice to be as pre- try. And I think this is very, very im- the bio refineries in my district and pared in that race as possible. I liken portant. We can use all the resources the potential for us to be growing our this to the space race of four decades that we have at our disposal. Can you own energy and keeping that wealth in ago, where this country vigorously pur- imagine one day, my colleagues, roll- our communities. sued with a degree of passion, a high ing into a fuel station and having a I asked him, How does this compare degree of passion, the efforts to land a choice, between using traditional gaso- to what’s going on in China? person on the Moon. That was more line, biofuels, biodiesel, ethanol; maybe He said, This is better than anything than just a race to land a person on the we plug in our electric hybrid or drive they have there right now. Moon. It was a growth of technology in by the gas station or fuel station alto- But we are not investing and com- all sorts of areas in our life that define gether because we have a fuel cell that mitting to this in the same way that our quality of life: in communications, allows us to get a hundred miles to the they are. We cannot afford to fall be- in health care, in all sorts of technical gallon. That is an achievable goal that hind. That’s why those quotes come advancements in our society. And it al- we should strive towards, having from leaders who are trying to show lowed for us to think in bold and very choices, not just using traditional gas- that they’re leaders. But what happens noble terms about the importance of oline but having a variety of sources. once it gets to governing? Leadership science and technology. And, in fact, we can end our depend- cannot stop on election day. That has Here today, many more nations are ence from Arab nations and OPEC-pro- to be the beginning of a commitment, joining in a race, a global race, on ducing nations if we put 27 percent of not the end, to showing your patriot- green energy, clean energy. And we the vehicles on the road that were gas- ism, to showing that you will put this don’t have the luxury to stand along electric hybrids. That’s an achievable country’s interests ahead of the inter- the sidelines and watch other nations goal, to end our dependence from the ests of the next election cycle. prosper and pass us by. That’s what Persian Gulf. For 30 years, both parties have will happen if we don’t go forward with Would we bring our troops home? talked about and understood the im- a plan, an energy plan, that will cal- Would our national interests now be so portance of energy independence, im- culate jobs, that will allow for us to in- closely aligned and attached to what portance to our national security, im- vest and reach to our intellect in this happens in Saudi Arabia and Kuwait portance to our competitive advantage. nation. Our intellectual capacity is and Iraq and all those areas—Iran— And yet nothing, year in and year out. great. We can’t just stop with the that have all the oil, 40 percent of the This Congress is different. We are not ideas. Many of those ideas are being oil that comes to this nation? We can going to allow the problems that have commercialized and deployed into the use the resources at our disposal, and I hackled us for a generation to continue manufacturing sector in other nations. think that we ought to think about to do so. They’re using American patents, doing that. This is about jobs. This is I was in a group with some regional they’re using American ingenuity, about national security. planners the other day talking about American ideas to make things happen Let me just relate to you something infrastructure investments. They said, in their nations. We need to invest vig- that some of our leaders who are run- Mr. PERRIELLO, do you think that we orously in that sort of economy. We ning for the highest office in this land have an economic development strat- can do it by putting together a progres- have said. Mike Huckabee himself said egy in this country? sive policy like that of ACES that was this: I said, Unfortunately for too long we voted upon in this House, where we put A nation that can’t feed itself, fuel have not, because the economists guid- together the framework, the blue- itself or produce the weapons to fight ing the way have too often come only print—the green print, perhaps—as to for itself is a nation forever enslaved. from the financial sector, not from the how we’re going to pursue job creation It’s critical for our own country and economic development sector. We need and responsiveness to our energy needs our own interest economically, and to make the commitments on infra- and a responsible approach to the envi- from a point on national security, we structure, on energy consumption, on ronmental stewardship that is assigned commit to becoming energy inde- efficiency, on smart grid technology each and every one of us as American pendent and we commit to doing it that will create the new competitive citizens to this globe. within a decade. We have to take re- advantage for the new American cen- Mr. BOCCIERI. I couldn’t agree with sponsibility for our own house before tury. That is our obligation. And now the gentleman from New York more, we can expect others to do the same in is the moment where we ask, Are we that this is not only about creating theirs. ready to lead or will we cower? I want jobs, it’s a matter of our national secu- It goes back to his basic concept of to acknowledge your leadership, not rity and moving away from our depend- leadership. Leaders don’t ask others only in making difficult votes but ence on foreign oil. what they are unwilling to do them- more importantly for being a tireless In fact, in September, the Central In- selves. That right there, my friends, is advocate for what we can do in this telligence Agency, the CIA, is launch- something that is very, very impor- country; advanced manufacturing of ing the Center on Climate Change and tant. these new means of energy production, National Security as the focal point for We have been joined by one of our producing the energy-efficiency tech- its work on the subject. The Center is friends from Virginia, Congressman nology. I just cut the ribbon last week a small unit led by senior specialists PERRIELLO, who has much passion on a small business, four or five em- from the Directorate of Intelligence about this topic. ployees in my district, in a town with and the Directorate of Science and Mr. PERRIELLO. Mr. BOCCIERI, over 20 percent unemployment, that is Technology. And further, the National thank you very much for continuing figuring out how to sell the wind and Intelligence Council reports that the this. Since the last time we had one of solar and efficiency technologies to demands of potential humanitarian re- these discussions, China has made yet small businesses to help make them sponses may significantly tax U.S. another massive investment of tens of more competitive and to middle-class military transportation and support billions, hundreds of billions of dollars families to help them make that fam- force structures, resulting in a strained in their energy future, in their energy ily budget that is so tight these days. readiness posture and decreased stra- independence. I am sick and tired of us Mr. BOCCIERI, I appreciate your lead- tegic depth for our combat operations. falling behind China. I’m sick and tired ership. Thank you for including me in This is a telling remark of where this of importing everything from there in- this; and we will not rest until we do issue needs to be highlighted. I’m a C– stead of building things and growing what is necessary to protect this coun- 130 pilot. We provide humanitarian re- things right here in the United States. try and make it competitive again. lief. We support our troops. We will be We can do this better. Mr. BOCCIERI. Thank you. I agree flying humanitarian relief all over the The Secretary of Agriculture and the that this is not only about national se- world if this issue is not addressed. And Secretary of Energy came down to my curity but creating jobs, too. We had a

VerDate Nov 24 2008 03:42 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.086 H20OCPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE October 20, 2009 CONGRESSIONAL RECORD — HOUSE H11491 recent announcement last month that This is going to be part of the story tional security, and it is time that we Rolls Royce was moving the center for of the regrowth and resurgence of the do this. their research into my district, for fuel American economy. But it only hap- One last thing. I visited an industry cells. We are going to become a leader pens if we follow the example that un- this week in my district that is leading in fuel cell research provided that we fortunately has had to have been set by the charge in trying to make our build- have the courage to invest in it. these other countries, China included, ings more efficient. We spend $400 bil- You may have missed my earlier re- as Mr. PERRIELLO points out. We can lion a year on inefficient buildings marks because you just joined us, but I get back to a leadership place on this across this country, and I know Rep- said that the only thing that is holding issue, but it is going to take a Congress resentative PERRIELLO said this before, us back in terms of the amount of al- and a President and a House and a Sen- the cheapest energy in our country is ternative energy our nation is able to ate that’s willing to look out beyond the energy that we never use. produce is the amount of energy we are the 2-year time horizon, that’s willing To save energy, to reduce our con- willing to invest in it. We have got to to make some sacrifices and some sumption, is very important, especially find the energy and the courage to tough votes right now in order to get when you have 3 percent of the world’s make this happen. us to that point of energy sustain- population and we are consuming near- I know Congressman MURPHY has ability and independence in the long ly 30 percent of the world’s resources of been trying to champion this in Con- run. energy. That has got to change, and we necticut. have got to find our way away from Mr. MURPHY of Connecticut. Mr. b 2030 this, and that is what this means to- BOCCIERI, we have the best-educated, Mr. BOCCIERI. Well, I couldn’t agree night. most highly trained, most productive, with you more. The gentleman from Representative TONKO had a few most innovative workforce in the Connecticut is absolutely correct. This words on that. world. You go back over the history of is about creating jobs. So many jobs Mr. TONKO. Thank you, Representa- major invention over the last hundred have been created already in our con- tive BOCCIERI. years, almost every single one of them gressional districts, and let me just I have heard all of our colleagues has come out of American ingenuity. highlight a few of those. talking about leadership, exercising Yet today with respect to the global in- In Ohio, he is right about the private leadership and putting a plan into ac- dustry that produces advanced battery venture funds and the public invest- tion. I think what is most regrettable technology, solar cells, solar tech- ment that is going to be required to get is that we are still having this debate nology and wind turbines, in all three this started. Ohio is going to see a $5.6 as to whether or not to enter into a of those areas, the United States today billion investment in new public and new energy economy, to address the has either one or two of the top 10 pro- private sources due to programs and in- climate change issues that are so much ducers in the world. We have lost centives under the American Recovery an imperative these days. All of this discussion is coming while ground to Asia, to Europe, because we and Reinvestment and American Clean have been unwilling to be a partner other nations are now investing and in- Energy and Security Act. These invest- with those industries in getting them vesting heavily in their country’s econ- ments will lead to nearly 70,000 clean- off the ground. omy, driven by these new technologies, energy jobs in Ohio, even assuming This place is obsessed with short- these emerging technologies, an inno- some potential setbacks with respect term thinking. Maybe it’s because ev- vation economy. So our pace here to how we transition to those new erybody in this Chamber is up for re- needs to be sped up. But it has also got election every 2 years. But this is a technologies. Presently there are about to be preceded by a sound plan that is problem. This is an opportunity that 35,000 clean-energy jobs in Ohio, and put together. So I would implore this requires that vision that Mr. that was as of 2007. House and the Senate to work in a bi- So we can do this. We can create the PERRIELLO is talking about, to extend partisan, bicameral way with the beyond 2 years, to be able to see pay- jobs of tomorrow. We can stand with White House to make certain that that offs that may not happen for 4 years, 5 the innovators and the entrepreneurs, plan is in place in very short order. years, 10 years. But the fact is that this and we can disregard the gibberish and Let me just talk about some of the place, Washington, D.C., the United the talk that we hear, the talking evidence that I have seen in my dis- States Congress, has been so focused on points from the status quo folks, who trict, again with advanced battery the short term, has been so focused on believe and are taking their talking manufacturing. I am looking at invest- how we get from this year to next year points, quite frankly, from the same ments from GE that would allow us to that we have caught ourselves in a people, the very people who gave us $4 address a number of dynamics that are cycle, a downward spiral, with regard a gallon gasoline, $150 a barrel oil speaking to the empowerment of the to energy and economic development prices. We can do better than that, and energy transformation where the bat- policy that we are now so far beyond I think it is about our country. tery is the linchpin. and behind the rest of the world. Let me revisit, before we recognize We are talking about development at This is absolutely about national se- Representative ALTMIRE, what Mitt GE that will allow for multiple pur- curity, but this is about putting our- Romney said. He said there are mul- poses, for heavy vehicles for their fuel selves back on the mantle of leadership tiple reasons for us to say we want to needs, for those heavy vehicles to be with regard to the development of be less energy dependent on foreign en- empowered by this alternative, but a these technologies where we should be ergy and develop our own sources. That new format of battery, advanced bat- today. This is growing jobs in every- is the real key, of course, additional tery manufacturing. We are talking one’s district, but it does involve some sources of energy here, as well as more about creating a power supply with government help at the outset. To sim- efficient uses of energy. That will this sort of battery. ply ask venture capitalists and private allow us and the world to have less oil We are also talking about their bat- investors to put up all of the seed being drawn down from various sources tery development, essential to the stor- money required to develop these new where it comes without dropping the age of intermittent renewables, sup- technologies whose payoff may not prices too high to a level. It will keep plies from the sun, from the wind, that come for another 5 or 10 years is unre- people, some of whom are unsavory may be intermittent in nature. The alistic. And the reason why Japan and characters, from having an influence linchpin here is to develop the battery Germany and so many other countries on our foreign policy. manufacturing that will transition us. are so far out ahead of us with respect Now, even Mitt Romney, who was All of this investment needs to be sped to the development of wind turbines running for the highest office in the up. and solar panels and advanced battery country, had suggested the fact that we We also need to look at what we can technology is because they have at the get and we fund both sides of this war do with efficiency within renewables. I outset partners in government who set on terror, because we buy so much oil have recently passed in this House a market conditions that are hospitable from overseas. And I believe that every wind energy-efficiency bill that allows to a public-private partnership in the presidential candidate running last us to take a closer look at the manu- development of these technologies. year said that this is a matter of na- facturing and the assemblage of those

VerDate Nov 24 2008 03:42 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.087 H20OCPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE H11492 CONGRESSIONAL RECORD — HOUSE October 20, 2009 given sorts of power supply. Those re- how great capitalism has been for our experts and suggest that this is real? newables can be done in a more effi- system. It is truly the economic driver Our intelligence experts are suggesting cient way. Citing the materials that of innovation and growth. But the we need to do this. are used, we can reach to nanoscience threat to capitalism right now is not, Now, when this body was faced with to develop lighter materials or durable in my mind, what some people have the decision, the section of the bill materials. How we assemble the gear- seen as a secret agenda. It is that we that deals with cap-and-trade, we had a box assemblage is an important bit of reward failure and we reward the sta- decision to make. There was a court R&D that needs to get done, how we de- tus quo, instead of rewarding innova- case at the end of last year that said velop through manufacturing a better tion. That is what has worked in the the EPA was going to regulate emis- tower system for our renewable supply past. That is what can work again. sions in this country. Well, do you from wind. This bill, fundamentally about en- want the EPA and bureaucrats in All of this needs to be a huge Amer- ergy independence, is about finally get- Washington doing it, or do you want ican investment. Again, we have the ting us incentivizing and rewarding the the free market to do it? Because I be- energy intellect. We can emerge from next generation of innovation. That is lieve, like so many of my colleagues, this race as a winner, but the time is how we build jobs here. That is how we that the Federal Government has a re- passing us by. And whichever nation grow jobs and middle class incomes in sponsibility to set the out-of-bounds emerges the winner in this race will be this country. markets, to set the goalposts, let the that go-to nation that will be the ex- One thing we don’t often do in this free market operate in between, and porter of energy intellect, energy ideas, body is to give credit to our friends then throw the flag like a good referee energy innovation for generations to across the building in the Senate, but I does when someone goes out of bounds. come. do want to commend the work and the That is what we should do. Let the free So, we are going to fail the next gen- leadership of Senator GRAHAM and Sen- market drive innovation; let entrepre- eration of job holders, we are going to ator KERRY on a call to action on that neurial spirit, let the innovators in fail this Nation’s economy, we are side, in the Senate; a call for whether this great country do that. going to fail the environment agenda, there are 60 patriots ready to go in the Let’s do that. But attempting to de- we are going to fail the energy Senate and pass this. In particular, I fine this as a national energy policy, as transitioning if we don’t move forward appreciate that they are willing to put cap-and-trade, is not only disingen- intelligently, thoughtfully, progres- the issue of a more robust nuclear uous, I think it threatens our national sively, in a way that allows us to cap- agenda on the table. security. And those aren’t just my ture the brain power of this country I think we need to look at everything words. Those are the words of a fellow that has driven invention and innova- as part of this. This problem is too se- who I have a great deal of respect for, tion in so many measures, in so many rious for any side to dig in its heels to JOHN MCCAIN, Senator MCCAIN. dynamics. some ideological purity. We must look I flew this gentleman, this honorable We have it within our grasp. We need at how energy efficiency and smart- American, out of Baghdad when I was to go from research that is done at our grid technology will be part of this. We flying missions over in Iraq and Af- universities and the private sector and must look at nuclear, wind, solar, bio- ghanistan. He said it is about cap-and- further deploy into the commercializa- mass, we must look at all elements, be- trade. There will be incentives for peo- tion zone, into the manufacturing ef- cause this is that important to our na- ple to reduce greenhouse gas emissions. forts, those ideas. We have failed after tional security and our job creation. It is a free market approach. JOHN that research investment. We need to So I hope that there will be a robust MCCAIN is saying it is a free market ap- have that ‘‘valley of death,’’ as it is debate on that side; that they will find proach. The Europeans are doing it. We termed, where we don’t get the seed ways to maybe even strengthen what did it in the case of addressing acid money that is necessary for a lot of we have done on this side by blazing rain. this innovative spark to take its pres- that trail. That is how we revive inno- He said if we do that, we will stimu- ence in our American economy. We vation, entrepreneurship and job cre- late green technologies. This will be a need that sort of commitment and we ation in the next generation. profit-making business. It won’t cost need that sort of policy development. Mr. BOCCIERI. The gentleman is cor- the American taxpayer. Let me repeat We can do it. This House has offered rect that we spend an awful lot of time that. It won’t cost the American tax- a great bill. We challenge those in this often looking back at what was instead payer, he said, because of the free mar- process to work with us to have an out- of looking ahead at what could be. And ket approach. JOE LIEBERMAN and I, come that has a bill on the President’s I remember the words so clearly, read- Senator McCain introduced the cap- desk that can sign us into a new era of ing and hearing about what President and-trade proposal several years ago energy policy. Kennedy said: We do these things not that would reduce greenhouse gases Mr. PERRIELLO. I want to pick up because they are easy, but because within a gradual reduction. He said we on what Mr. TONKO and Mr. MURPHY they are hard. did this with acid rain. This works. It said. Right now there are two types of It is hard to break from the status can work—if we have the courage to do countries around the world. There are quo. It is hard to let the folks who have it. those that are looking back 20 years been delivering us $4 a gallon gasoline, We do these things not because they ago and crying over what we have lost, let them go and break our dependence are easy, but because they are hard. and there are those who are looking 20 on our consumption of oil that comes That is what leadership does. But if we years ahead and saying, what could we from overseas. The opponents of a ro- are worried about the next election and be? bust energy policy in this country have not worried about where our future is Right now, this body has too often been attempting to define this bill and going, the gentleman from Virginia is been a problem in focusing because of define our movement towards effi- absolutely correct that we are going to the way our campaigns work and other ciency, towards creating jobs, towards continue to be enslaved, like the gen- things on how to try to protect what protecting our national security, about tleman from Arkansas said. Like he has been, instead of how to promote cap-and-trade. Cap-and-trade is one said, if we can’t produce the weapons what could be. We are falling behind in section of the bill, one section of the to fight our own Nation’s wars, if we competitive advantage. We still have bill that looks at addressing the cli- can’t find the energy here in our own the best workforce, we have the best mate change issue that the CIA, that country, if we can’t feed ourselves, it is capital and innovation, we have the the Department of Defense and our in- exactly right that we will be forever best entrepreneurs, we have the best telligence experts are looking at. enslaved. That is why we have to make science. Yet we get out-competed. It is So, are we going to put our weight the decision now. That is what leaders time for this body to be part of pro- with the folks who have been giving us do. moting what could be. $4 a gasoline and those big energy in- Mr. PERRIELLO. I have learned a lot I found a lot of folks talking during dustries that have been making a lot of from the hardworking folks in my dis- August and other times I have been money over the status quo years, or are trict, particularly in southern Vir- home about threats to capitalism and we going to stand with our intelligence ginia, where we have been seeing job

VerDate Nov 24 2008 03:42 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.088 H20OCPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE October 20, 2009 CONGRESSIONAL RECORD — HOUSE H11493 losses and negative economic growth children and their children’s children empowerment tool, not only in devel- for years. While the country has been will be. oping this Nation and prospering in the facing this for the past year in par- Let me just drive home this point on process, but changing the entire world ticular, we have seen it for a decade- national security. There was a report in terms of their quality of life. For in and-a-half while jobs have gone over- that came out in 2009 by the Center for that Erie Canal channel developed a seas. Naval Analysis, coauthored by 12 re- number of mill towns, a necklace of One of the things that folks say to tired generals and admirals of the mill towns, each mill town becoming me over and over again is, stop offering United States military, and they found that epicenter of invention and innova- us quick fixes. We know they are not that our dependence on fossil fuels un- tion, and they sparked their genius in true. Stop focusing your politics on dermines United States foreign policy. a way that really transitioned not only who to blame for the problem instead It involves us with the volatile and un- America but the world. of how to fix it. That is what I hear friendly powers, endangers our troops We are at that same juncture. We are from the hardworking folks of my dis- in combat, undercuts our economic sta- now at that opportunity moment that trict. It is time to stop the politics of bility, and drives climate change, can allow us to seize this moment and blame and the politics of lollipops fall- which weakens and threatens to desta- make a difference. There are those in ing from the sky and everybody will be bilize countries and add to an already our country who are those intellects happy on a sugar high. What it is time heavy American military burden. Our that are proposing these wonderful for is the tough work of tough solu- military experts are saying this. Our product lines, these wonderful inven- tions, but they need to transition from tions. intelligence experts are saying this. that hybrid, that prototype, into the There is no quick fix for regrowing Now, we have to be leaders and say commercialization and manufacturing our economy. We have to recreate that enough is enough. We can invest in the tomorrow because we have the of that idea. America’s competitive advantage. We And today, that new birth of an in- energy, we have the alternative energy are getting out-competed, and there is dustrial revolution, a new economy, no excuse for that. And too often Wash- at our fingertips, and we can make this isn’t about mass production, where ington has been part of the problem in- happen. But we have got to find the they might have invented some won- stead of part of the solution. courage to do this. derful object, produced a few numbers ONKO wants What we are looking at is things that I know Representative T within their garage and then, as busi- can not only have some short-term to speak one last word on some of our ness grew, created a factory and mass benefits through energy efficiency, but colleagues and what they have said. A produced. That is a different spot today will be part of a long term strategy, 5 gentleman that we serve with here in for us. It’s about precision. It’s about years, 10 years, 20 years, 50 years, that this body, who I have a great deal of re- the prototyping. It’s about the testing, keep America on top. Every previous spect for, RON PAUL, Congressman RON and it’s about the evaluating. And generation of Americans has been will- PAUL, he said, ‘‘True conservatives and that, my friends, is a very pricey situa- ing to step up to the challenge of their libertarians have no right to pollute tion. times. their neighbors’ property. You have no There are not a lot of the start-ups right to pollute your neighbors’ air, b 2045 and emerging technologies that have water or anything. And this would all available cash at hand, and there is a They haven’t said, What do I do to contribute to the protection of all air huge risk factor, and there are ways to get to the next election cycle? They and water.’’ reduce that risk or work through it to say, What do we do to leave America Now, what he’s saying in the broader see if it is, in fact, going to endure the stronger and better than we inherited context is that this issue of climate process. But there are also opportuni- it? That is the sacred covenant that change is our responsibility, too. We’re ties for the government to invest in Americans pass from one generation to great partners and leaders in the world, high-risk, great opportunities, situa- the next. and we have to lead by example, like tions that can take us into new oppor- Our generation must deal with these Mitt Romney said, like Mike Huckabee tunities with battery manufacturing, sorts of threats, energy independence said, like the President is saying, like with new product lines, emerging tech- and how we compete in a global econ- Secretary of State Clinton is saying. nologies, that will be shelf-ready for omy. It’s a new thing that we haven’t We have to lead by example, and that’s energy efficiency, alternative tech- had to face at the same degree in the what America has always done. We’ve nologies for producing power supplies, past. And for me, this is also a question led by example. So this is about where American power needs that are ad- of moral responsibility. We are paying we are reaching down within our own dressed by the American workforce. the price for a period of tremendous internal national character and finding Think of that as a great, novel idea, greed and irresponsibility, from Wall the courage to lead in this economic growing our economy. Street and corporate CEOs to the peo- challenge that we face as our country. People have said time and time ple of this body to individuals buying a Representative TONKO. again, we hear it in our districts, Why home that they can’t afford or con- Mr. TONKO. Representative are the jobs leaving this country? We suming energy they know they could BOCCIERI, I couldn’t agree more. And have an opportunity to create jobs in preserve. we do embrace, we can embrace that this country that respond to our social There’s an irresponsibility there that challenge, the challenge that has been and economic needs, that respond to we must translate into a new period of put forth by all of these individuals our environmental curiosity and our accountability and innovation, and that you named here this evening and environmental responsibility, but we that’s what this is about. This is about quoted. need to seize the moment. We need to living up to that sacred covenant that I heard you express the free market express, in very bold measure, that we the Greatest Generation passes on and system and what it can do to enable us care about the energy transformation, on through American tradition to say to have a better energy and environ- the innovation economy. we have it in our DNA as Americans to ment outcome. I heard Representative Let’s be those epicenters of invention not back down from a fight or a chal- PERRIELLO talk about not accepting and innovation as those mill towns I lenge, to not do what’s easy, but to do the status quo. I heard there, Rep- represent were in the heyday of the in- what’s right. And that’s what I’m resentative, a kind of a pioneer spirit, dustrial revolution. It is within our proud to say we have begun to do here a challenge to be those pioneers that grasp, it is within our intellect, and it in this body, and it is a seismic shift we have been throughout our history. needs to be within our political will. towards responsibility, and I’m proud You know, gentlemen, I have the And being here this evening and ex- to have been a part of it with you. great fortune of representing the Erie pressing with you gentlemen where we Mr. BOCCIERI. Well, I can agree with Canal communities. Where that Hud- can go and where we believe we are the gentleman more that this is about son and Mohawk River meet gave birth growing our way toward is an impor- tomorrow. This is about where we are to an industrial revolution. This whole tant statement to make here this as a Nation 10 to 15 years down the channel of the waterway, which was evening, and it’s a pleasure to have road, 20 years down the road, where my seen as a folly approach, became the joined with you in this special hour.

VerDate Nov 24 2008 03:42 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.090 H20OCPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE H11494 CONGRESSIONAL RECORD — HOUSE October 20, 2009 Mr. BOCCIERI. Thank you, Congress- for our generation. This is that time. this affects another 20 to 25 percent of man TONKO. This is that moment with energy inde- our budget. We’re going to wrap up here with the pendence, to recreate the competitive So, roughly, out of Michigan’s budg- last 4 minutes just underscoring what advantage of this country and to rein- et, more than 60 percent of our spend- we’re talking about here today, the force our national security. ing in the State of Michigan is directed fact that we’re focusing on our Na- We can do it. We’ve led the way. We by the Washington establishment, di- tion’s energy needs and the fact that believe we can see this through this rected by Washington bureaucrats tell- we have got to move away from our de- year, and we are going to see an incred- ing us how to spend our money. And pendence on foreign oil, protect our na- ible amount of potential in this coun- some of you may ask, Well, how does tional security, and create jobs right try for job growth and security because that happen? Well, think about it. here in America with our investments of it. When you go to the pump and fill up in these technologies. Mr. BOCCIERI. Thank you, Mr. your tank, there’s a Federal gas tax. And how disingenuous to some who PERRIELLO. That money comes to Washington. It would use the arguments by the status National security, creating jobs right goes into over 110 different funds, and quo who suggest that we need to con- here in America, moving away from then it’s distributed back to the tinue on the way that we have, where our dependence on foreign oil, that’s States. And many of those funds, to get we’ll be dependent on foreign sources of what this bill is about. Making Amer- our own money back, we have to put up energy, on the Middle East, and on ica again the producers of wealth in- matching funds. OPEC-producing nations when we want stead of just the movers of wealth, b 2100 to put our faith and our trust and our that’s what this bill is about. Think about it, the State that has energy in the innovators and the great I’m proud to stand with my col- kind of the economic problems that thinkers here in America. leagues today to talk about our Na- Michigan has right now. And how disingenuous that we at- tion’s energy policy and how we move To get back our own money, we have tempt to define a national energy pol- this country down the field. We do to put up our own money and we have icy on an issue of cap-and-trade that these things not because they’re easy to put it up in such a way that we have has been working in this country since but because they’re hard, as President to spend it the way that Washington the 1990s, on an issue that really is just Kennedy said. wants us to spend it, not the way that one small segment of a national energy f we need it and the way that we might policy that will mean the difference of HEALTH CARE be focused on it to address the issues us breaking our dependence and cre- and the problems that we are facing in ating jobs. The SPEAKER pro tempore (Mr. PE- Michigan. This is a turning point, a tipping TERS). Under the Speaker’s announced It’s disappointing, but Michigan is point for America. Are we going to lead policy of January 6, 2009, the gen- known as having some of the worst or are we going to block? Are we going tleman from Michigan (Mr. HOEKSTRA) roads in the country. Plain English: to believe or are we going to fear? And is recognized for 60 minutes as the des- we’ve got lots of potholes. are we going to look forward or are we ignee of the minority leader. So it was kind of surprising a few going to look back? Those are the ques- Mr. HOEKSTRA. Mr. Speaker, I rise years ago when I found out that the tions that we have to ask with the na- tonight to talk about and take this op- Michigan Department of Transpor- tional energy policy. That’s what we portunity to address my colleagues tation was going to build a turtle can do. about the issue of health care, and let fence. Think about it. We were going to Representative PERRIELLO, why don’t me just kind of frame this and put it in build a turtle fence. And if you think you finish this up tonight. a context that I think will make a dif- what do you build a turtle fence for, Mr. PERRIELLO. Well, I appreciate, ference. it’s pretty obvious. You build a turtle again, your leadership on calling us to- This is, again, one of those opportu- fence to prevent the turtle from cross- gether on this. nities where Washington says, We are ing the highway. Over $400,000 to build It’s a very simple question. Do we here to help, but what we may see is a turtle fence, and of course to do the want to continue funneling our dollars something very, very different. Wash- expensive study beforehand to deter- through our gas tanks to the petro-dic- ington helps the State of Michigan mined that we needed a turtle fence. tators around the world that hate us or today to about 41 percent of its budget, Remember, this is a State that has do we want to invest those dollars back but what it’s really doing is it’s con- the highest unemployment in the coun- in the kind of innovation and job cre- trolling the State of Michigan. And try; it has some of the worst, if not the worst, roads in the country. We send ation that has always made this coun- along with some of the ill-advised deci- our highway dollars to Washington and try great? Do we want to continue to sions that have been made in our we put up our matching funds, and support those who undermine our Na- State, Washington policy, antigrowth then the Governor says, Well, Pete, the tion’s security or do we want to create policies in the State of Michigan, have Federal Government has told us that resulted in Michigan lagging the coun- the kind of energy independence that is we need to build a turtle fence. necessary to secure this country and try. We’re number 50 in employment, We got it stopped the first time, and secure our competitive advantage? which means we are number 1 in unem- I hope the money was used to fill pot- And I’ll tell you what. It’s kind of ex- ployment, and we’ve been there for a holes, to build an interchange, or to citing. It’s an exciting moment to be at long time. help build an extra lane in a busy place the forefront of a new industrial revo- Let me explain how this happens. or perhaps to use it on a project that lution and think about just how much Like I said, 41 percent of Michigan’s would improve the safety of our high- budget this year, the State of Michi- American businesses will be able to ways. But, no, 21⁄2 years later it came outcompete and outcreate other coun- gan’s budget, will come from the Fed- back. tries if we unleash this, if we unleash eral Government directly. It will come So I am driving north through my the innovation and the profit motive with strings attached to it, Washington district, and I am going through some that is available through this system, a telling us and our State about how we of the wetlands where they’ve con- system developed by Republicans. And need to spend our money, what we can structed this highway, and I see people more credit to them. and cannot spend it on. And remember, working. I don’t need to guess what Cap-and-trade is a Republican idea it’s our money. It came from the State they’re doing. They are constructing a whose time has come, which is how do of Michigan in the first place. It came turtle fence. It is a very nice fence. It’s we use the free market to solve some of from our taxpayers. It came from our about, you know, 21⁄2, 3 feet high, got the greatest problems of our genera- citizens. Of course, when you have a the plastic tube on it so that the turtle tion. That’s what this new kind of poli- $1.4 trillion deficit, we also know that can’t climb the fence and then crawl tics should be about, taking the best it came from our kids and from our over the top of it. I think it works. ideas, whether they come from Repub- grandkids. But with that 41 percent of I think that for $400,000, MDOT, the licans, Democrats, or Independents, direct infusion into our State budget, I Michigan Department of Transpor- and using them to solve the problems think, at a minimum, what we see is tation, can build a very, very good and

VerDate Nov 24 2008 03:42 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.092 H20OCPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE October 20, 2009 CONGRESSIONAL RECORD — HOUSE H11495 a very effective turtle fence, and we Committee, weren’t part of the elected spectives of the Second Congressional can prevent the turtles from crossing leadership. So they didn’t get their fair District of Michigan? Really couldn’t the highway. I applaud the efforts of share. Well, it’s time to go back to find anybody. But I’ve got a passion for the Michigan Department of Transpor- where we need to be, which is we need the State of Michigan and believe that tation to construct that fence and to to make sure that States get their fair every child in the State of Michigan build it in such a way that it will be a share and we only give part of what we needs a great education. long-lasting fence and will not allow need for national priorities, the High- So we go around and say if we can’t turtles to cross the highway. way Interstate System. We leave the find somebody from the Second Con- I am frustrated with the leadership rest of the money here. gressional District, who’s here from in Michigan that allows the State to Like I said, I’ve been advocating for Grand Rapids? Is there anybody who prioritize the building of turtle fences that since the late 1990s. That argu- works in the Department of Education when we have so many other high-pri- ment back then was Washington is from Flint? From Detroit? From Ann ority needs. here to help build a highway system, Arbor? From Traverse City? From We’ve also built rest areas that cost and it has now grown to Washington Manistee? From Marquette? Who is us in the millions of dollars, rest areas telling us we need to build turtle fences here that understands the unique chal- that replace other rest areas that in Michigan. lenges or the financing of education in might be a little bit old, they may not It was 2001 we had a new President. Michigan and how education in Michi- be the best or the nicest rest areas in The President’s priority was K–12 edu- gan runs that makes education more the country, but it’s hard to get into cation. Washington once again was challenging or provides more opportu- the rest area because you have got to here to help. So we went through the nities than other States in the Midwest dodge the potholes to get to them. process. I was excited. I was on the or other States in the country? This is what happens when we send Education Committee. I thought that Who understands the challenges that our money to Washington and put this there was a small role for the Federal we face in the winter for getting our in the context of health care. We’re Government in K–12 education. My per- kids to school? Who understands the going to get to health care, but put it spective is K–12 education, the edu- challenges that we have since tourism in the context of what happens. Michi- cation of our most precious assets, our is one of our biggest industries? Is gan sends its money to Washington, it kids, is the responsibility of parents, there anybody from Michigan here who goes into 110 different funds, it comes local schools, communities, the State. can really understand all of this paper- back to the States with strings at- And then perhaps to address some in- work that comes in? And we couldn’t tached, and then they tell us how to equities and some very hardship cases find those folks. spend the money. and maybe to do some research that So I thought, Wow, this is a great op- You know, back in 1998, 1999, even would be used by all of the States and portunity to move and diminish the though I was a member of the Trans- by all of our school districts, you Federal role, get that money back in a portation Committee where we have re- would have the Federal Government. classroom where we could leverage it sponsibility for doling that money out, So I was excited because I saw us di- and have an impact. And from a dis- I said, This is the wrong way to do it. minishing the role of the Federal Gov- appointing standpoint, we went the What we need to do is we need to leave ernment, rolling back Federal man- over way. We passed a bill called No the money in the State, never send it dates. We’d done a study in the 1990s Child Left Behind. And it was a lot of to Washington in the first place, so the that showed that every Federal edu- folks that were enticed and seduced by people of Michigan can use their cation dollar we spent in Washington the promise of Washington money and money to spend it on the priorities or that was allocated in Washington, the simple solution that said, Don’t that they have identified. It is their only about 65 cents made it to where it worry about your education; we’ll take money, and the money should stay in needed to be. It made it to a point care of it. There were only 41 of us that said Michigan. And if there are some na- where it was helping educate a child in ‘‘no’’ to No Child Left Behind. Every- tional priorities for a national highway a classroom. body else said, Washington is here to I came out of the business world. I system, send a couple of pennies out of help. Don’t worry about it. Things will worked for a company called Herman every dollar to Washington, DC, but be fine. don’t send all of it and then go to Miller. If we were looking at it and We’re now 8 years into No Child Left Washington and beg to get some of it said, Wow, we’re eating up 35 percent of Behind, and as we go around, I am find- back. every dollar in bureaucracy and it’s ing a lot of my colleagues are now em- For perhaps more than 50 years, not enabling us to serve our customer, bracing a plan that we called A–PLUS Michigan and all of the other States we would have said we’ve got to go that says let’s roll back No Child Left have been beggars to Washington to back and take a look at the system. Behind, let’s leave the money in the get their money back for the life of the We’ve got to use every penny we can to States, and let’s leave educating our highway trust fund. Michigan has aver- serve our customer, or our competition kids to be the primary responsibility of aged about 83 cents. Think of that. For is going to beat us. But for Federal the States, local school districts, and the life of the highway trust fund, al- education dollars—again, money that parents. most 50 years, we’ve sent a dollar to would come from Michigan, go to People say that is a novel idea. No, Washington, and we’ve gotten 83 cents Washington and then we’d have to beg that’s not a novel idea. Many of us back. It’s time to embrace an approach to get it back—but only 65 percent of it came into Washington in the 1990s, and that says that money stays in the would end up in a classroom, the place that was the idea that we promoted. States. where the leverage point was the most Just like we did with highway funds, I was talking to a constituent the important place; 35 percent would go to leave the money in the States. other day and they went on vacation. bureaucracy. And we’d have to fill out Why would we want to transfer They said, Where does all of that all kinds of reports and paperwork money from the States for education money go? They’d just gone on vaca- back to the Federal Government tell- and for highways to a place like Wash- tion. They went to West Virginia. They ing them about what was going on in ington, D.C. where they want to con- now know where our highway money our local schools. trol our lives, tell us how to spend our went. They said, Pete, the highways A friend of mine and I, we would go money, tell us how to educate our and the roads in West Virginia are ab- over to the education department con- kids? Under No Child Left Behind, solutely gorgeous; they are in great sistently, and we would kind of walk what did they do? They’re telling us shape. I would hazard a guess that through it and say, Who here in the De- who are good teachers. they’ve gotten a lot more money back partment of Education might be from Excuse me, I don’t need Washington, than what Michigan has. the Second Congressional District of DC to tell me who are the good teach- So for 50 years, Michigan has been Michigan? Who might be from Holland, ers in the schools that my kids go to subsidizing other States because per- who might be here from Ludington, and who are the bad teachers. Some- haps our Members of Congress weren’t who might be here from Manistee so how Diane and I figured that out long the chairmen of the Transportation they can understand the unique per- before our kids got to that grade.

VerDate Nov 24 2008 03:42 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.093 H20OCPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE H11496 CONGRESSIONAL RECORD — HOUSE October 20, 2009 How did we do it? Very simple. We ministrators hiring extra people to fig- West Virginia versus Michigan, de- talked to other parents who had kids in ure out how we need the mandates. And pends on the people and the positions the same school that we did. It’s amaz- a lot of this, as I look at it, ends up that they have moved into. Is that ing. People at the community level ac- being what some have called ‘‘legalized what health care is going to be, that tually know what the strengths and Washington corruption’’ because those you’re going to go to certain States be- weaknesses of their schools are. It’s dollars come to Washington, and they cause they get more money? We’ll talk amazing. People at the local level actu- are allocated not by priority or need, about that a little bit more. ally can find their schools. They know but by who has the clout and who But this is what the process is for where the various schools are in our doesn’t. So some States are winners passing legislation. ‘‘REID Offers Docs a communities in Lansing and Hillsdale and others are losers. Some commu- Deal.’’ It’s a massive shift. REID can and Oakland County. We know where nities are winners and others are los- offer that—according to this paper— the schools are. Bureaucrats in Wash- ers. And when you get to education, it can offer that because if this legisla- ington can’t. They can’t tell the dif- means that some kids are winners and tion becomes law, it will not be the in- ference between one community and some are losers. dividual American person, family, the the next. Then you get to health care. That’s employer or the State who sets the So think about it. In the late 1950s, the kind of system we are moving to in framework for education. It will be the interstate highway system. Wash- health care. You’re going to have win- leadership in Washington determining ington said, We are here to help. Fifty ners and losers in health care because who the winners and losers will be. years later, they’re telling us to build this health care debate is not about the That’s what H.R. 3200 is about. That’s turtle fences we don’t need. 2001—actu- quantity and the quality of health what the Bachus bill is all about. It’s ally the creation of the Department of care. It’s about who is going to make not about quantity and quality of Education in 1979. It’s Washington is the decisions. We were promised all health care. It’s about who is going to here to help. We’re now in 2009, and kinds of transparency as we were mov- have control of the decision. Who’s they’re telling us who are good teach- ing forward on health care and health going to be able to say, you’re the folks ers and who are bad teachers. It kind of care reform. Where is the trans- that are going to be paying the 18 per- sets the context for health care. parency? My colleagues on the other cent of the GDP, the gross domestic Think about it. This is now where we side of this building voted on a health product, into Washington. are with health care. ‘‘Reid offers docs care reform bill—think about it—they And then they’re going to distribute a deal.’’ At least this is what’s reported voted on a health care reform bill it. They’re going to distribute it to in one of the newspapers that we re- based on an outline of what the author those people within this Chamber and ceive here in Capitol Hill. It’s not intended it to stand for and intended it within the other Chamber that are sit- about quality and quantity, just like to be. ting in the right spot in the right chair highways is no longer about building And finally, after they voted on it, to get more for their State and more the roads that are needed and are nec- they passed an outline. Is that trans- for their community than what others essary. It’s about who’s got the power parency? Yeah, it might have been may. Some of you may say, that won’t and the authority in Washington to al- more transparent than what we got. It happen; this is about everybody in locate those dollars that we send from ended up being a 1,500-page bill after America getting quality, quantity and Michigan. they voted on it. And now people are improved health care. Do you really be- Think about it. It’s the powerful in starting to go through the bill and to lieve that that’s what’s happening in Washington that have taken that find out what’s different between what the highway bill? All those States that power from the State, from a State leg- was in the outline and now what is ac- are out there, you know who are the islature, and they’ve usurped it and tually in the legislative language. Sur- winners in the highway formula bill, they’ve taken it to Washington and prise. We are going to have Senators the donor States. You know who they they’re using it to demonstrate their who found out that they thought they are. We all know who they are. own power. were voting for this and they actually We are the ones that get less back ended up voting for that. That is what than what we pay in, not because we b 2115 we’ve got for transparency. have fewer needs, but because someone It’s not about what roads we need in And now the next thing, ‘‘Reid Offers else has made that determination. Michigan. We don’t need turtle fences Docs a Deal.’’ Think about it, America. Just like for the highway bill and No in Michigan right now. We have funda- Think about it. This is what health Child Left Behind, we have proposals to mental transportation problems and care has now amounted to. ‘‘Reid Of- do it differently. For the highway bill, issues that need to be addressed, but fers Docs a Deal.’’ Here’s the deal as re- it’s very simple. Leave the money in people in Washington think they know ported in The Hill: ‘‘The White House the States. No Child Left Behind, it’s better about how Michigan should and Democratic leaders are offering very, very simple—empower parents, spend its transportation dollars. doctors a deal.’’ This is how we are don’t empower Washington bureau- We are reducing funding for K going to reform health care? ‘‘They’ll crats. Highways, let States and com- through 12 education. We don’t need No freeze cuts in Medicare payments to munities make the decisions as to Child Left Behind, which is money doctors in exchange for doctors’ sup- where we’re going to spend our money. from Michigan going to Washington port of health care reform.’’ As for education, let parents, teachers, and then being allocated by the power- Some might call that bribery. community leaders, and States decide ful in Washington so that some States It goes on to say, ‘‘At a meeting on where we’re going to spend the money. win and some States lose. In highways, Capitol Hill last week with nearly a Heaven knows we’ve got enough other Michigan has lost to the tune of 17 dozen doctors groups, Senate Majority issues in Washington that we could and cents of every dollar that has ever been Leader HARRY REID said the Senate should be spending our time on, na- sent to Washington, D.C., in the high- would take up separate legislation to tional economic issues and Afghani- way transportation program. Think halt scheduled Medicare cuts in doctor stan. Those deserve national priority. about how much better our roads would payments over the next 10 years. In re- We want roads and transportation deci- be if we would have been able to spend turn, REID made it clear that he ex- sions to be made in the States. We that money on our priorities. We might pected their support for the broader want Michigan people to determine have the infrastructure that would be health care bill, according to four where Michigan dollars are going to be able to support and attract a better sources in the meeting.’’ spent. We don’t like sending our money business climate. I thought this was about improving to other States. We will make the deci- Think about education, where we are the quality, the quantity and the ac- sions about how to educate our kids. cutting funding for K through 12 edu- cess to health care. But it’s really not There’s another vision that’s out cation, yet the money is coming here much different than what you see in there for health care. It’s written by a to Washington and it’s going back to the highway bill and in education. And colleague of mine and myself, ‘‘How to our local school districts under No you’re already starting to see it in Insure Every American.’’ Just like the Child Left Behind, and we’ve got ad- health care. The quality of your roads, highway bill has caused many of the

VerDate Nov 24 2008 04:28 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.094 H20OCPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE October 20, 2009 CONGRESSIONAL RECORD — HOUSE H11497 transportation problems in Michigan, It’s a very, very different approach, we’re at record high unemployment so government has caused many of the empowering individuals, empowering rates. problems that we face today in health States, and embracing the concept of Now, I know that this is the strategy care. Our tax code incentivizes em- the 10th Amendment to our Constitu- in the State of Michigan, that when we ployer-provided health care, rewards tion, which says we are going to re- are down, our Governor has decided health insurance companies by insu- serve the rights to the States, except that she will raise taxes because the lating them from accountability and for those things that are expressly State will be taken care of first. We competition, and punishes those who given to the Federal Government. found out how good that worked. They lack employer-provided care. It’s an Where in the world have we gone so raised taxes. People looked at us from op-ed that JOHN SHADEGG and I wrote far wrong that we believe it’s the Fed- around the country and said, That’s in The Wall Street Journal published eral Government’s responsibility to get kind of strange. They’ve got the high- September 4 of this year. down to the point where it will decide est unemployment rate in the country, We believe that there’s a better way whether our teachers develop the they’ve got budget problems, and they than going to what we have got here, framework, where it will decide wheth- believe that the way to grow the econ- H.R. 3200, over 1,000 pages, one massive er our teachers in our local schools are omy in Michigan is to raise taxes. They bill that takes power from you, the good teachers or bad teachers, where it laughed, and they were right. Michigan American people, and moves it to believes we need a clover leaf in our raised taxes, our unemployment went Washington, D.C. Think about it. Do transportation system, an on- and off- up. Not really brain surgery; when you you really want to know how this bill ramp. They don’t know. These are deci- tax more of it, you’re going to get less is going to get passed, how it’s going to sions best left for parents. And since of it. change, and how it’s going to be modi- when are they going to be—if they can So when we taxed jobs and businesses fied over the coming weeks? ‘‘Reid Of- tell us who are the good teachers and more, guess what? We got less business fers Docs a Deal.’’ How many other the bad teachers, do you really believe activity and fewer jobs. Think about it. deals are being cooked up to move this they aren’t going to try to move on and We are at 15.3 percent unemployment bill through the process and move the try to tell us who are good docs and in our State. The scary thing is now power away from you, as individual who are bad docs, where our hospitals we’ve embraced that kind of mentality consumers, to people in Washington, should be and what they should be able here in Washington, D.C. The Presi- D.C.? to do? We’ve seen what happens when dent, the leadership in the House and Think about it. JOHN and I, JOHN the Senate, they have said we’re not SHADEGG and I, we’ve outlined an alter- they do that in education. Let’s not let going to continue the tax cuts that native vision, how to insure every them do that in health care. were in place for job creation over the American. We believe the solution to What does H.R. 3200 do besides mov- last number of years. this problem is what? Just like we be- ing all of this responsibility from you, They have also said that we are going lieve that parents ought to drive the the American people, to Washington, to and we want to tax business more education decision of their kids, we be- D.C.? Think about what it does to for cap-and-trade, the carbon control- lieve that patients and consumers small business. Small business, the ling mechanism. And now they’re say- should have increased power in a new lifeblood of Michigan, the lifeblood of ing the same thing with health care, an insurance market because what we the U.S. economy. Do you wonder why 8 percent payroll tax. Even if an em- have today, what appears to be a free there’s uncertainty in the economy? If ployer in good faith is offering health market health care system, is not. We you’re a small business and you’re want to improve and increase competi- thinking about investing today, it’s care to their employees and an em- tion. kind of like, wow, let’s see. Those folks ployee decides not to take it, the com- We want to empower people to have in Washington, they want to do cap- pany will be taxed 8 percent of that access to be able to afford health care. and-trade, which may put huge taxes employee’s salary. Penalties in here up And later on, I will talk about the spe- on me. Do you know what? I’m going to to $500,000 for unintentional failures on cific solutions that we have. But we have to just kind of step back and the part of the employer, unintentional have a vision that says we want con- maybe reserve a little cash because I failures on the employer. sumers in charge, and yeah, we don’t don’t know what they’re going to do So, what do we see? That this health really have a lot of faith in this process with cap-and-trade, cap-and-tax, mas- care bill is predicted to drive the same here being in charge of health care, be- sive new taxes on small business, small kind of results that we have seen in cause they have done such a great job and medium-sized business, I’d better Michigan, that by raising taxes, we’re for some of our States and for some of wait. going to get a vibrant economy; right? No, wrong. That by raising taxes, we us when it comes to education and b 2130 when it comes to transportation. will smother our economy. Let me just read on. We believe that That doesn’t help the economy, this The National Federation of Inde- all Americans deserve the ability to se- uncertainty. pendent Businesses says that they ex- lect health care coverage that meets Massive new tax increases because we pect that if this bill goes into law, we their needs, not the preferences of poli- don’t know what is going to happen will lose perhaps an estimated 1.6 mil- ticians. People versus politicians. Re- with the tax cuts that were passed and lion jobs. The Council of Economic Ad- publicans in Congress want to empower have been in law for the last number of visors, the Chair, Christine Romer, Americans to make their own choices years. All indications are that the cur- found that an employer mandate could by providing a dollar-for-dollar tax rent administration is going to let result in the loss of somewhere be- credit for you to purchase the plan of them expire, meaning more money for tween 4.7 and 5.5 million jobs. your choice. Those who cannot pres- Washington—at least in the short This bill also has in it taxes, surtaxes ently afford coverage would be able to term—less money for businesses for in- on high-income individuals. So in a select and purchase their own plan vestment and for jobs because the State like Michigan, think about the using a health care voucher provided money is going to be coming here be- top wage earners would be paying taxes by the Federal Government, empow- cause, guess what, we’re moving health at the rate of about 52 percent, 52 per- ering individuals in a market, not the care decisions here. cent. And remember that about 42 per- Federal Government, through man- And now they’ve got this new tax cent of small business income would be dates. through H.R. 3200. What will it do? It subject to this surtax. That’s going to If we give citizens the ability to con- mandates what businesses will have to be really good for small business. In trol their own care, cover preexisting ensure for their employees. And if they Michigan, it’s projected our tax rate, conditions, and provide resources to don’t, it has a sliding scale. It says you when you combine Federal and State the uninsured, we will have fixed will pay zero percent if you have pay- taxes, the tax rate would be 51.59 per- health care in America. No bureau- rolls of under $250,000; you will pay 2 cent. Wow. That is going to be some- crats. Guess what? No new czars, no percent, 4 percent, 6 percent, 8 percent, thing that is going to stimulate our mandates, just choice and coverage for depending on what your payroll is. New economy. But that’s the direction every American. taxes for small business. Wow, when where this bill is headed. There are lots

VerDate Nov 24 2008 03:42 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.096 H20OCPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE H11498 CONGRESSIONAL RECORD — HOUSE October 20, 2009 of questions about this bill, but let me Baucus bill was willing to make deals ment and expenditure, but it shouldn’t go on. with perhaps other Senators to maybe be in a health care bill. Why is it in a I laid out for you that Congressman get their support. Well, how would that health care bill? I’m not sure. Is it an- SHADEGG and I and many of our col- happen? ‘‘The Baucus bill claims to other deal? I don’t know. It may help leagues have a vision for where we treat all Americans equitably, yet four get some votes for this bill. want to go that says we want to em- States receive Medicaid exemptions— The bill will cover illegal aliens. It power individuals to have a greater the Federal Government will pick up will cover adoption. No American is ability to have more choice in select- the State’s share of Medicaid costs,’’ going to be able to keep their health ing the kind of health insurance that the increased Medicaid costs—‘‘for 5 care plan. Maybe for a period of time they want. years.’’ that they will, but when you take a Just recently, on October 14, JOHN Interesting, one of those States is look at the bill, you know, what you and I wrote another op-ed because we Nevada. Where is the majority leader find is that in the bill you can’t have a were hearing all of these things about from? Oh, Senate Majority Leader Health Savings Account. the Senator BAUCUS plan that was HARRY REID is a Democrat from Ne- If you’re young, healthy, you’re working its way through the Finance vada. Oh, okay. I think he may also be thinking about investing in a business, Committee in the Senate. And in this up for election. But it’s interesting, a start-up business, and you say, You op-ed, people characterized it—the title Nevada will get a 5-year exemption of know what? I want to have health care was, ‘‘Lies, Earmarks and Corruption expanded Medicaid. Well, maybe they coverage, but I’m going to take a high All in One Bill.’’ Now, we didn’t put the need it. This is the beginning of deductible plan so my premiums are title on it, but people read our content dealmaking that says your health care low. I don’t engage in high-risk activi- and the editors at the Investors Busi- will be determined by leadership and ties, but I want to put that money into ness Daily said—they are kind of im- not by your State. my dream business. I want to go back plying that they made that decision to Think about it. Sure, four States are to Michigan. I want to open up a busi- put those words at the heading of this going to get a Medicaid break. That ness and I need some of that money bill. So it kind of tells you how we feel means the other 46 States are going to myself, so I’m going to take the risk. I about the Baucus bill. be paying for it. Remember what we want a high deductible plan. I’m going Let me just read some of what is in called that in the highway bill? You’re to cover myself so if something really the Investor Business Daily editorial. going to have 46 States that are donor bad happens, I know I’m going to have ‘‘We are nominating Senator BAUCUS’ States that are subsidizing the other the insurance coverage that I need, but health care reform bill for the Pulitzer four States. It’s already starting. And I’m willing to take a little bit of a risk Prize—for fiction. this is when people are watching. Four because I have this dream of starting ‘‘Like works of great fiction, writers States are going to get a better deal on this business and I want to put my such as Ernest Hemingway, Joseph health care than what 46 other States money and I want to put my cash into Conrad and F. Scott Fitzgerald, the are going to get. So now we’ve got, at that. I want to create a job for me and story line of the Baucus bill is not least according to press reports, docs a business for me, and I want to take what it seems and is in fact a clever maybe getting a deal, four States are my job and I want that little business subterfuge of what health care will getting a deal on Medicaid. Does it stop to grow to be two employees, to be five mean for the American people. there? No. It doesn’t. employees, and in 5 years I hope it’s ‘‘Hiding behind this facade is another Again, Senator CHUCK SCHUMER, ac- 100. And you know what? I have a story about a massive power grab by cording to the Investors Business dream that maybe I can be the next the Washington political establish- Daily, ‘‘put in a little-noticed provision Apple. ment. that exempts New Yorkers and tax- 2145 ‘‘The bill is loaded with fiction. To payers from some other States from b begin with, it purports to reduce the the bill’s tax on gold-plated insurance Remember, Apple and Hewlett-Pack- deficit. This is really an Enron-style plans.’’ The result? I guess there are ard started in back rooms. They start- scam with the bill’s massive new taxes going to be 17 States exempted there. ed in garages. starting on day one and dramatic new So 17 States, at least for a period of I’ve got an idea, and I’ve got a vision, health care expenditures, which will time, are going to be exempted from and I’ve got a passion for this new far exceed the tax revenues, beginning paying the tax on gold-plated insur- product. It may be in energy. It may be in year four.’’ ance plans. Seventeen States are ex- in technology. It may be in ag, but I’m You know, in the private sector, if empted. That means that 33 other going to be the next Microsoft. I’m Herman Miller did that type of ac- States must be subsidizing the health going to be the next Apple. I’m going counting when I was there, or if any care of these 17. It means that these 33 to be the next Hewlett-Packard, and company did that in the private sector States will pay more in taxes and it I’m going to do it right here in the today, Enron-style accounting, people will go to these folks in these 17 States State of Michigan, or I’m going to do it would go to jail. But in the Baucus bill, to improve the quality of their health right here in the United States, but to what we see is tax revenue starting on care. do that, I need some start-up capital. day one, massive new health expendi- So now we know that there may be a Guess what? tures starting on day one of year four, deal for docs. In the bill, there is a deal The government is going to mandate and they come back and say, well, the for four Medicaid States. There is a that you buy a Cadillac insurance plan. 10-year window is going to help the def- deal for 17 States on gold-plated. It’s You’re no longer going to have that icit. And it’s like, yeah, I think you’re starting to look an awful lot like how choice. Guess what? right. You’ve got 10 years of revenue we do transportation. If you started a business in the last and only 7 years of expenditures. Then it goes on. Massive earmarks in year, saying, you know, I’m going to be What’s going to happen when you’ve the bill. Earmarks. That’s right, it’s in able to take that money and I’m going got 10 years of revenue and 10 years of the title there. Up to—I think in the to have that high-risk plan and I’m expenditures? Excuse me. You are House bill it was $10 billion. Maybe in going to have that catastrophic and going to have a massive deficit. Some the Senate bill it’s $5 billion for VEBA. I’m going to have that high-deductible would call that a lie. What is VEBA? Well, we found this plan and I’m going to keep pouring The Baucus bill claims to treat all about 3 or 4 weeks after the bills came that money into my business, when Americans equitably, but we find that out of the committees in the House, a this plan goes into effect, you’d better in the Baucus bill, ‘‘Let’s Make a Deal’’ little-noticed provision said $10 billion. change your business plan because the has been around and alive and well in I think in the Baucus bill it may be $5 health care czar, the person whom the crafting of this bill already. And billion, an earmark for VEBA. And peo- we’ve told 181 times, will say you must, how is that? Well, just like Senator ple are saying what’s VEBA? you shall, you will in terms of estab- REID, apparently, according to The VEBA is the retirement account un- lishing the rules and regulations have Hill, was willing to make deals with derfunded for retired UAW workers. to follow the law. She will say, Sorry, docs, someone in the writing of the This may be a very worthwhile invest- you cannot do that. You’ve got to buy

VerDate Nov 24 2008 03:42 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.097 H20OCPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE October 20, 2009 CONGRESSIONAL RECORD — HOUSE H11499 a full plan. You don’t have that choice working pretty well and maybe work- gan, in Muskegon. It’s now being used. anymore. ing really, really well. We’ve got a three-party cost share of When you take a look at it, this is You know, 83 percent of the Amer- the business, the individual, and the why, I think, the folks in Investors ican people today recognize there need community. Creating access. Assuring Business Daily said—and when we look to be some fixes to health care. They coverage. Let’s take care and help peo- at the content of this editorial written have compassion for those who cannot ple with preexisting conditions. Im- by myself and Congressman SHADEGG get it. They have compassion for those proving health care for all Americans. and when we see the deal that was cut who cannot afford it. They have com- So we can address the access issue. for 33 States on gold-plated insurance passion for those people who have pre- Then let’s make sure that we don’t plans and the deal that was cut for existing conditions. America is a com- forget about tort reform. So we can ad- Medicaid for four States and the deal passionate country. dress cost, access, and tort reform. that Reid is now looking at again, ac- So they’re saying, Pete—and I think We have seven different bills which, cording to press reports, at cutting on they’re telling a lot of my colleagues if passed, we could implement all of docs—they call it ‘‘corruption,’’ but in this—they’re saying, Address the prob- them immediately rather than what Washington, some would say it’s legal- lems that are out there, but you know, this bill does. This bill goes through ized Washington corruption. This is I’m relatively satisfied with my health and implements the taxes on day one what leads many to believe that this is care. Don’t mess with mine, because and doesn’t do the program until year not about the quality or the quantity you know what? We really didn’t like four. Simple bills singularly identi- of health care; it’s all about who has what you did with No Child Left Be- fying a specific problem. You could the power and the decision-making in hind. The promises were all really identify the bill. You could read the health care. good, but the implementation has been bill. You could probably understand it. You know, our last line in this edi- terrible in No Child Left Behind. Not many people can go through this torial—and I think this is why, when I It’s just like after 50 years there are and understand it. You won’t have to go home, I am somewhat energized by some things we really like about the go through this process of let’s make a the response. I think that the TEA interstate highway system, but we deal to make it become law. Seven so- party movement has been phenomenal really don’t like where it has evolved lutions. because, if we’re going to leave the to today where you tell us to build tur- It’s just like we’ve got a vision and a power with the American people on tle fences or where the Washington plan for transportation that says em- health care, if we’re going to restore government says take it and identify power the States to make more of our the power to the American people and the pieces that are broken and fix transportation decisions, leave the to parents on education, if we’re going those. money in the State, and don’t send it to restore the authority back to States So we came up with seven very sim- to Washington. A vision, a strategy and follow the Constitution and the ple bills—you can look these up—which and a plan to make that happen. It’s Tenth Amendment, the American peo- address the issues that are most fre- just like we’ve got a vision for edu- ple and the TEA party folks and the quently identified as being the problem cation that says we’re going to em- Tenth Amendment folks and others are in health care. So, just like when I was power parents and local communities going to have to stand up and say, Ab- at Herman Miller in the private sector, and school districts rather than a solutely no more because, as we close: we would go out, and we’d identify the Washington establishment, and we’ve the American people need to stand up problem. We’d talk to our customers got a plan to do that called A-plus, a and say no, no to this callous grab of and say, What are the difficulties? solution. power by Washington elites. What are the issues that you have deal- We’ve got the same thing in health This is the first real test, the TEA ing with Herman Miller? They’d iden- care. Empower consumers and not party movement, to influence public tify them. We’d come back, and we’d Washington bureaucrats to make deci- policy. Americans are counting on fix them. sions about their health care. We’ve their elected Representatives to pro- So, as we’ve done that and as we’ve got the strategies, and we’ve got the tect them from a tragically flawed talked about health care, people have specific bills that can make that hap- health care bill. Grass-roots America said, you know, well, cost is a problem. pen. needs to speak. They need to speak out All right. So we’ve got H.R. 2607, the The bottom line is it’s time for the before it’s too late. If you’re not will- Small Business Health Fairness Act, American people to stand up and to ing to fight on this issue, if not now, which are association health plans. say, We’ve had enough of Washington when? Time is running out. Create more competition. taking our freedom and usurping our People say, well, we need health care Health savings and affordability. Ex- authority and taking our decisions and reform. You know what? The American pand health savings accounts. Our el- having the decisions and the quality, people are absolutely right; but this ders may not want to use a health sav- whether it’s transportation or edu- bill, going through this process in the ings account. They’ve always gotten cation or now health care, be made by dark of night and with no trans- health care in a different way. So our the Washington elites in a way that parency—the President promised us elders may not want to use health sav- says some will win and some will lose. transparency and that the negotiations ings accounts. Our family uses a health That is what we have found in trans- would be on C–SPAN. We have yet to savings account. portation. It is what we are finding in see that materialize. Expand the access to health savings education. If we move the authority for So where do we go? It’s a very simple account. My kids love it. It empowers health care to Washington, D.C., we alternative. It’s a seven-solutions plan. them to make health care decisions. If will be violating the Constitution. It is At one of my town meetings early on, they access health care effectively, the responsibility of individuals and the process engineer said, you know, guess what? At the end of the year, States to deal with that. Nowhere in PETE—and you probably did this when they have money that they have saved, the Constitution does it say that this is you were at Herman Miller—you know, and they now put that as a part of the authority of the Federal Govern- when you were in the business world, their retirement plans. My daughter is ment, and we will be putting in place a what you did is you identified the prob- planning this already, and she’s 27. She system where the quality of your lems, and you fixed the problems. has gone through this for 3, 4 years. It health care is going to be dependent on I said, Yeah, that’s what we did at works. It has made her a better con- ‘‘let’s make a deal’’ potentially with Herman Miller whether it was in the sumer of health care. Under H.R. 3200, the leadership in Congress. engineering area, whether it was in that option is gone. I want control of my health care. I customer service, whether it was in The Health Care Choice Act. Allow think that you want control of your marketing. You identified the problem. insurance companies to compete across health care when you consider the al- You brought together a group of people State lines. We can address the cost as- ternative. to develop the solution to fix that pect. Take a look at the solutions that we problem, and you left the other 85 per- Access. Community building access. have proposed: empowering individuals cent of the company alone that was This is a plan that we’ve used in Michi- to have access and to have the means

VerDate Nov 24 2008 03:42 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.099 H20OCPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE H11500 CONGRESSIONAL RECORD — HOUSE October 20, 2009 to buy health care and to make the performed electric drive; carried more let climate change continue to go un- choices and to be held accountable and passengers; could carry more cargo; checked, or we can help to stop it. We responsible for the choices that they could go farther while taking far less can let the jobs of tomorrow be created make. When they make great choices, time to refill its on-board energy sup- abroad, or we can create those jobs they will benefit. Yes, they will have ply. This was for the fundamental rea- right here in America and lay the foun- the freedom to make, perhaps, some son that, by both weight and volume, dation for lasting prosperity.’’ wrong choices, but that is what makes more energy was contained in petro- National energy and environmental America great. When we make wrong leum fuels, and they could then be goals have already been set. We must choices, we will learn and we will im- packaged in batteries. address America’s incredibly and in- prove, but let’s make sure that we Thus, for the last 100 years and con- creasingly dangerous dependence on pe- fight for freedom. tinuing today, petroleum-dependent in- troleum and reduce the approximately The time to fight for freedom is ternal combustion engines dominate 140 billion gallons of gasoline that U.S. today, and it is on this issue, and we every common mode of motorized drivers use every year—140 billion gal- need to move forward. There is nothing transportation, but some things have lons of gasoline—and every year more more important for us to do than to not changed in 100 years. Batteries, no and more of it imported from the very move forward and to reform health matter how improved, are still heavy. countries who would both do us eco- care, but to do it in such a way that They take up a lot of space, and they nomic and national security harm. empowers individuals and not Wash- require an awful long time to recharge. To meet these challenges, we must embrace the ingenuity of our national ington. b 2200 With that, Mr. Speaker, I yield back research community, an ingenuity and the balance of my time. Internal combustion engines, how- national research community that ever improved, still scare a lot of f took us to the moon and beyond, and horses, at least back where I am from, we must take these technologies from ENERGY AND TECHNOLOGY are still noisy, and require a fuel that their cradle of infancy through com- OPTIONS is both smelly, hard to come by and mercial deployment and development. The SPEAKER pro tempore. Under volatile. Understand that we are again at a the Speaker’s announced policy of Jan- Among the things that have changed pivotal point in history. We are stand- uary 6, 2009, the gentleman from New is our realization of the long-term con- ing at the threshold of the greatest sin- York (Mr. MASSA) is recognized for 60 sequences of our earlier choices. In- gle paradigm shift in the entire history minutes. creasingly in recent decades we have of motorized transportation. It has Mr. MASSA. Mr. Speaker, I thank come to realize that there are many only been since the day we decided to you for the opportunity to rise today compelling flaws in our choices for in- shift from the horse and carriage to the to discuss something that has become ternal combustion engines: The noise, horseless carriage that we have the op- exceptionally important to me and to the smell, the volatility, the scarcity tions in front of us today. And only one many in my district. In fact, it has be- of the fuel. The overriding concern now phenomenon stands in the way of our come exceptionally important to indi- and the overriding environmental im- accomplishing our national goals viduals all over this country. pact and national security consider- through the automobile industry, the I ask the Speaker’s indulgence to- ations dominate today’s discussions. phenomenon known as, and may I night to engage both on a short and But that is not all. In the complex quote the automobile industry, ‘‘the technical historical discussion of a and dangerous world in which we live, valley of death.’’ technology that not only holds great international industrial competitive- The valley of death is an automotive promise for the United States but, in ness and domestic access to advanced industry reference to the treacherous fact, for the world; and I appreciate the technologies are now paramount. So, territory between proven feasibility in Speaker’s indulgence as I do so. as with 100 years ago, much is at stake the research laboratory and the com- It was a pivotal time in history, just for our country and for the world in the mercially successful products in the about 100 years ago, when motorized decisions we make now. And as we are marketplace. Every single new tech- transportation was, in fact, in its in- consumed in internal domestic debates nology that we have come to enjoy in fancy, and our country and its trans- over things like health care and other automobiles, from power brakes and portation industry faced a very impor- critical issues that we face, Mr. Speak- power steering to factory air, has lan- tant choice: Should the energy for er, I pause tonight to talk about ad- guished in the valley of death until it powering the newly developed horseless vanced technologies. became a commercially available prod- carriage come from electricity and bat- Fortunately, the automotive indus- uct in the mass market. teries, or should it come from the in- try and governments around the world There are now four or five major ternal combustion engine and petro- have foreseen the present, what we face technologies for us to choose from, and leum fuels? today, and they have been making they are, from the most straight- Remember, please, that both of these preparations. Clearly, solutions to the forward to the most technologically technologies—and it’s hard for us to environmental impact and energy secu- challenging, first, improved internal imagine—were at that time brand new. rity issues that we are facing have been combustion engine technologies; next, Both technologies had been established embraced by the automotive industry, internal combustion engine tech- in the fledgling motorized transport in- and technologies to move us to a future nologies that use alternative fuels, and dustry from the beginning. There were of clean environment and energy inde- we have already seen the increased de- down sides to both choices. pendence are now at hand and at the ployment of things like corn and mixed Batteries were heavy; took up a lot ready. cellulosic ethanol and hopefully future of space and took a long time to re- The automotive industry has proven biodiesel. After that comes something energize or, as we come to call it its commitment by inventing and in- we are somewhat familiar with, gaso- today, recharge. Whereas, internal vesting in these technologies and prod- line engine hybrids that we see de- combustion engines were noisy. They ucts, and governments have professed ployed in commercial vehicles like the scared a lot of horses; required fuel their support through statements such Prius. Next we will see electric hy- that was both difficult to come by; as the following from our President, brids, and, lastly, hydrogen fuel-cell they were scarce, smelly and volatile. Barack Obama, just recently on March technologies. Our other choice, the electric drive, or 19th of this year. Mr. Speaker, please The least difficult of these tech- the internal combustion engine, would allow me to quote: nologies is the refinements to existing require a huge investment in the devel- ‘‘So, we have a choice to make. We conventional engine technology, al- opment of a nationwide infrastructure. can remain one of the world’s leading ready discussed, and the most difficult Obviously, the choices taken then importers of foreign oil, or we can are the advanced technologies that are heavily favored the internal combus- make the investments that would brand new to the marketplace. tion engine. By a large margin, the in- allow us to become the world’s leading Automakers everywhere recognize ternal combustion engine out- exporter of renewable energy. We can that the technologies at the difficult

VerDate Nov 24 2008 03:58 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.100 H20OCPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE October 20, 2009 CONGRESSIONAL RECORD — HOUSE H11501 end are the ones that cannot cross this gen fuel vehicles by 2015, and this will of, right now achieving some 800,000 automotive valley of death alone. Suc- push the United States to a number miles—let me rephrase that, some cessful movement from research and three or worse position. I think this 80,000 miles of lifetime between hydro- development successes to market suc- sounds all too familiar. gen fuel cell change-out, and the first cesses require the cooperation and sup- Mr. Speaker, I would like to refer to commercial vehicles available in 2015 port of national governments. a series of charts to help us visually will have 125,000-mile durability capa- One of the most promising but highly understand some of the challenges, the bility between changing. That was un- threatened technologies is the hydro- risks, and the benefits that we face heard of just 10 years ago. gen fuel cell. This technology has an today. In the United States, billions and bil- impressive history and important im- Back in 1968, we had the Electrovan. lions of dollars have been invested in plications for our Nation’s energy port- It was completely filled with fuel cells government and private partnership to folio. But we are at a point where we and hydrogen tanks and it was done in make hydrogen fuel cell vehicle tech- must decide, is it worth saving this a van of that size because this tech- nology a reality. The Department of technology and promoting a vast do- nology at that time could not be min- Energy alone invested $2.3 billion in ve- mestic hydrogen-fuel capability? I hap- iaturized. It was so large, it required hicle-related research and develop- pen to believe it is. the entire interior volume of a van. ment. And General Motors, from their Let me be very clear, speaking as an In 1997, the first Department of En- own coffers, invested $1.5 billion to individual who spent most of my life in ergy and General Motors fuel stack, place this company and this country at military uniform and the final years of not yet packageable for a vehicle, be- the forefront of hydrogen fuel cell re- my military career as a senior advisor came an industrial reality. search and development. Remember to the commander of the North Atlan- In 2007, a complete hydrogen fuel- the goal, the billions and billions of tic Treaty Organization, where I wit- stack system was packaged into a gallons of gasoline we burn every year nessed firsthand the cooperation be- Chevrolet Equinox, and over 100 of that will some day no longer be needed. tween the governments of NATO and these vehicles matched in their capa- Hundreds of hydrogen fuel cell vehi- their industries, this is a national secu- bilities were built and deployed all cles are currently on the road. Many rity imperative. over the United States. They are now major automotive companies have In order for us to maintain our place on the road being driven by your neigh- fleets. Preeminent among them, Gen- in the world, we must maintain our in- bors and friends in test and pilot pro- eral Motors, but catching up quickly, dustrial competitiveness, and that grams and have accumulated over 1 Toyota, Honda, Hyundai, and Daimler. means we must have robust supply million road miles of research and de- These are not some laboratory curi- bases and parts manufacturing. We velopment. osity. Several automobile companies have let our ingenuity and investments In the very near future and in the re- now loan or lease these vehicles to peo- in industry fail before, only to be search and development centers ple just like you and me that take picked up by foreign competitors, and today—I have seen them with my own them home, park them in their garage, then we pay the price for reimporta- eyes—is a Generation 2 system being get up and take them to work the next tion. It is dangerous to rely on their in- readied for 2015, half the size of its morning. I know, because on my very dustries and not on ours. We must predecessor, with increased perform- first day as Member of the United focus on maintaining a strong ad- ance, and it will be both not only light- States Congress just some 10 months vanced-technology domestic industry, er and smaller, but it will be progres- ago, on a very cold January morning, I and we are in a good position. In fact, sively even smaller to fit into more fired up a hydrogen fuel cell Equinox we are in the lead with respect to hy- styles of vehicles. and drove it and its companion vehicle drogen fuel cells. to the steps of the United States Cap- b 2210 This is an energy issue involving na- itol to demonstrate that this tech- tional energy security. It involves sus- This, frankly, in this short of a pe- nology is no longer a laboratory mir- tainability that couples the capabili- riod of time, is incredible technology acle but is on the cusp of commercial ties of fuel cells with biofuels, hybrids, progress. From the humble roots of development and deployment. So we’ve photovoltaic, wind. This is an entire this technology and a van full of equip- come a long way. And the question now portfolio. It is not one over the other, ment to today’s Equinox fuel cells and is: Should we continue with this tech- but the synergy of all of those tech- beyond, the U.S. is the country that nology? Is this technology essential? nologies, and we cannot rely on foreign has advanced automotive hydrogen fuel Mr. Speaker, let me turn to the next countries to power America. We must cell technology, us, Americans, right slide if I might. I’d like to talk for a embrace domestic energy technologies here in the United States. moment about energy and technology for both their reliability and sustain- The Department of Energy Research options. ability in the future. and Development program, developed Energy security and the ability to If we are going to be a world leader in partnership with domestic auto- reach emission gas reductions is crit- with a strong domestic economy and mobile manufacturers, was one of the ical. On this slide, we see in green, not rely on foreign countries both for best thought-out, most fully vested, pe- blue, and yellow, a library of our en- technology loans and for foreign loans, riodically reviewed programs the De- ergy source portfolios: oil in its con- as we are today, we have to move for- partment of Energy has ever deployed. ventional, oil its nonconventional for- ward in partnerships with industry. We And the DOE invested to help advance mats, biomass, natural gas and coal, risk maintaining and repeating the this technology quickly towards pro- renewables of many kinds, and nuclear. mistakes of the past. duction, and it set difficult technical That’s about what we have where we In the late 1990s and the early 2000s, goals to measure the progress of that can go shopping for today’s energy the United States Advanced Battery program. The auto companies met or sources. Consortium worked on battery re- exceeded every single technology mile- In the center is the type of fuel that search and development. Today, that stone placed before them. These in- those energies provide from a liquid battery technology has been commer- cluded the size and weight of hydrogen fuel, and we know that to be diesel, cialized and it is a market dominated fuel cell technology as both of those gasoline, to gaseous fuels, which have by both Japanese and Korean manufac- shrank significantly. special uses in niche markets like agri- turing giants, not American. The technology was cold weather culture, propane, natural gas com- From the early 1990s, the Department tested, and I cannot tell you, coming pressed, electric vehicles and hydrogen. of Energy and General Motors have de- from upstate New York, how critical And then we can talk about propulsion veloped a U.S. fuel-cell program into that is. It proved to be extremely systems. Today, we have conventional what is today a global leadership posi- versatile under multiple different envi- internal combustion engines. We have tion. Today, catching up quickly, there ronments. It was also done while im- internal combustion hybrids. That are announced programs from Germany proving durability, and current hydro- would be what we call and have come and Japan, China and Korea, with huge gen fuel cell vehicles increased a mile- to be known as the Prius, plug-in hy- investments to commercialize hydro- age capability that before was unheard brids, next generation, range-extended

VerDate Nov 24 2008 03:58 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.102 H20OCPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE H11502 CONGRESSIONAL RECORD — HOUSE October 20, 2009 electric vehicles. We’ll see those soon have to go across a broad spectrum of fuel cell is measured in something in a product called the Volt. Battery driving requirements. It is simply not called dollars per kilowatt. You meas- electric vehicles that have been around physically possible. In order to do this, ure the output in a kilowatt. for quite a while are in use in many dif- I believe, and many experts join me, we Now, just to bring this back to home, ferent ranges, and fuel cell hydrogen have to harness the power of hydrogen your average light bulb at home is 100 electric vehicles. through advanced fuel cell technology. watts. So 10 of those turned on at the This is the menu that we can choose Now, petroleum and hydrogen have same time is one kilowatt. An Equinox from, and it’s absolutely critical that two other advantages. These vehicles extended-range hydrogen fuel cell vehi- we maintain the broadest menu pos- can be refueled every 300 or so miles, cle today produces about 120 kilowatts sible. So how do we avoid potential and it takes about 3 to 10 minutes to do of electricity, and significant cost re- conflicts, unexpected shortages, for- it. A battery electric vehicle requires ductions of this measurement have al- eign countries that will hold us hos- overnight charging and it requires it to ready been made just in the past 10 tage to a particular kind of energy, be done with a high-capacitance re- years from a plateau of $275 per kilo- whether it be oil or nuclear fuel? How charging system. That’s fine if you watt all the way down to today at 61 do we strive to move forward? We have 8 or 9 hours to recharge your car. kilowatts, well on the way to the com- maintain a full menu of choices. And there are many uses in urban mercialized requirement of a 45-kilo- Now, some of these fuels have some America where that’s possible, but not watt vehicle. That’s $45 per kilowatt. limitations. We are very excited about in long-range, high horsepower trans- Just last week the Department of En- biofuels, and certainly, based on my portation requirements. ergy in its hydrogen program released agricultural-dominated congressional Let’s talk, if I could, on the next a document confirming a current $61 district, I join in that. But they have a slide, about the range, about the re- per kilowatt in 2009 dollars projection. limitation. We can’t fully meet demand quirements of driving as we see them As shown on this chart, this is a reality based solely on biofuels, if for no other today in the United States. This brings today. Cost will be, and soon are, com- reason, because of land use require- the technology back to the consumer. parable to all other advanced tech- ments. We know and I’ve discussed On this chart, on a four-way arrow, nologies at high volumes of production, briefly and will discuss in more detail here we talk about high loads. Now, a high volume of production being that batteries have cost and weight those of us who come from farm coun- 500,000 vehicles per year. problems. Let me illustrate this in the try know that there’s a lot of driving It was an incredibly difficult chal- next slide, if I could. to be done agriculturally that requires lenge put forth by the technicians of There are different amounts of en- heavy duty pickup trucks. ergy contained in different kinds of the Department of Energy, and the fuel, and, Mr. Speaker, if you will in- b 2220 goals have been met or exceeded as de- dulge me just a brief discussion of a On the other hand, light-load driving veloped by major automotive manufac- technical nature. Today, if I want to for those in a much more urban envi- turers right here in the United States. drive 300 miles, it will take me approxi- ronment, like a Los Angeles or Miami In fact, GM is on track to release a mately 72 pounds of diesel fuel. Now, if or New York City, recognize light-load commercial model that meets or ex- you take that amount of diesel fuel and small vehicles. ceeds all durability and cost guidelines you wrap it into the fuel delivery sys- Then we go as far as range: contin- by 2015. tem, the piping, the pump, and the fuel uous highway driving down Interstate Myth two as shown on the next tank, the total weight of that onboard 90 and Interstate 5, or short-burst driv- chart: hydrogen from natural gas is not device is about 94 pounds. If I want to ing as we go on errands from store to an ideal source, and we don’t have do that with compressed hydrogen, the store. Battery electric vehicles perform other options. amount of hydrogen that I want to use very well in local light-weight driving, Let’s go back to chemistry class contains 13.2 pounds. Now, why is that? and they can do a great deal to lesson when we were in high school. Hydrogen That’s because hydrogen, pound for our burden on imported petroleum in gas comes from two main sources: ei- pound, contains much more energy that market. Extended-range electric ther something called reformatting than does diesel fuel. It’s an incredibly vehicles can make that just a little bit natural gas or fundamental elec- more efficient energy delivering fuel. better, but it’s still about a four-pas- trolysis. The reality today when you But because it’s a gas, it must be com- senger car. measure the amount of CO2 that’s ex- pressed and so its tank will weigh Fuel cell vehicles are the only vehi- pelled by a vehicle per mile driven as it more. And the entire energy delivery cles that will be able to meet a con- is today, today’s gasoline engines system for a vehicle will weigh about sumer demand for range; that’s long- produce 540 grams, quarter of a kilo- 275 pounds. Well, that sounds like a lot range highway driving—load require- gram, about half a pound, of CO2 per more than the 94.8 pounds, but it’s real- ments—that’s heavy pickup truck-type mile. And we will be able to lower that ly only about 180 pounds heavier. requirements—and quick refilling to about 410 grams. If we just use and That’s about one passenger’s worth. time. burn natural gas in a compressed tank, That’s a very manageable technical Diesel fuel for the near foreseeable it’s about 320. If we go to hybrid elec- challenge to engineers in the auto- future is probably going to be the fuel tric vehicles, of which there are four motive industry. required to move heavy buses and major types: gasoline, diesel, corn eth- But when we talk about batteries, it heavy trucks over long-range routes. anol, and cellulosic ethanol, we can get will take 1,829 pounds of Lithium ion But imagine that they are a mere frac- it down to about 65 grams. batteries to allow me to drive 300 miles tion of those billions of gallons of gaso- If we’re talking about plug-in hy- without recharging, and the delivery line that we burn and import every brids, today we have a gasoline hybrid system, the encasement, the battery, year from overseas. There is a huge ap- that gives us a 240-gram-per-mile burn, cables, and the harnesses, will weigh plication for hydrogen fuel cells in and cellulosic ethanol can get it down about a total of 1,829, with 1,190 of that meeting consumer demand for vehicles to 150. It is only hydrogen fuel cell ve- actually being the battery itself. Now, that have long-range, high-load re- hicles that meet the emissions require- that has market value. There are urban quirements, and quick refilling time. ments required for us to move forward. uses for battery-powered vehicles, but But can hydrogen fuel cell vehicles If we take hydrogen and reformat it long-range, high torque, high horse- become a reality? Let’s look at the directly from natural gas, technology power extended driving is not one of next chart just where we were in the available today, we achieve a 200-gram- them. It is only through a high density, year 2000. per-mile equivalent. That’s half of the high energy fuel, in this case today, There are four myths that are cur- very best that we can get out of gaso- diesel or gasoline, and in the cars of to- rently being discussed with respect to line today. And if we go to hydrogen morrow through hydrogen, that you hydrogen fuel cell vehicles. One of made from central wind electrolysis, can achieve that. Lithium ion batteries them is fuel cells are too expensive, it’s almost untraceable. We actually technically, because of the laws of and they’re not durable enough. The achieve the goal of leaving nothing be- physics, will never get us to where we reality is the cost benefit of a hydrogen hind the vehicle but water vapor.

VerDate Nov 24 2008 03:58 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.104 H20OCPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE October 20, 2009 CONGRESSIONAL RECORD — HOUSE H11503 Natural gas is an abundant, domestic cial exploitation around the world. In 2015. Major world automobile manufac- resource. We have it in quantity. Elev- places like the University of California turers have signed a Letter of Under- en billion kilograms of hydrogen al- Irvine, in Germany, right here in Wash- standing as recently as September 9 of ready produced from natural gas in ington, DC., where I refilled the hydro- this year between Daimler, and they North America and 60 percent of this, gen fuel cell vehicle that I drove from recognize the requirement of the syn- enough fuel to power 21 million hydro- Corning, and in Berlin, Germany, ergy between hydrogen fuel cells and gen fuel cell vehicles, is used to clean where they have taken that design— battery technologies. This letter went up petroleum in refinery operations and I will talk soon about its mass in- to energy companies all over the world today. troduction throughout their entire and government organizations around Natural gas-based hydrogen used to highway system. their host countries. power hydrogen fuel cell vehicles is Again, it doesn’t require a miracle, To quote that letter, allow me to say, less than half of the greenhouse gas only the national will to do so. over the last decade, governments, emissions of a conventional gasoline- Let us take a look at the next slide original equipment manufacturers and powered vehicle. And looking forward, and see how we can actually manage automobile manufacturers and the en- hydrogen, with near zero greenhouse this transformation and manage it tire energy sector have given special emissions is possible, both from nu- quickly. attention to the introduction of hydro- clear biomass and renewable elec- We start with select high-profile sta- gen as a fuel for road transportation, tricity. In fact, solar arrays are in op- tions; and then we move to the next and they have given it the priority op- eration today that are producing hy- stage, about 40 stations per large metro tion to reach several goals associated drogen at generation efficiency twice area. Here we see both New York City both with emission management and of the Department of Energy’s 2015 and Los Angeles, just two examples. CO2 reduction. Battery and fuel-celled vehicles complement one another and goals. This is not future science. This Thirty metro stations for the entire can move us closer to the objective of is science of today. metropolitan Los Angeles area will Myth number three—this is associ- provide a network where no matter sustained mobility. Honda, Toyota, Renault Nissan, Opel ated with hydrogen fuel cells—is that where you are, you are only 3.6 miles and GM, Ford, Daimler, Kia and no good storage mechanism is avail- from a hydrogen filling station. Add 10 Hyundai have all made significant in- able for transportation. stations outside of the metro area, and vestments and are moving ahead ag- Most companies today use a 10,000 that’s what you need to allow con- gressively, but it is here in the United PSI compressed hydrogen tank. Vehi- sumers to meet their average weekly States of America, quite frankly with cles use the storage tank, technology and weekend needs. And in Los Ange- American ingenuity, that we have has been able to hook up to 300 miles. les, by the way, it’s important to view taken a leadership position that today It was the technology that was in the the driving patterns of consumers. is being threatened by a lack of part- vehicle that I drove from my home in b 2230 nership and a lack of vision. Let me Corning, New York, all the way down quote further from the letter that was to Washington, DC. Compressed hydro- There are consumers who want to be able to drive to Las Vegas, San Diego, put out by Daimler, in order to ensure gen offers all of the capabilities needed a successful market introduction of to begin commercialization of vehicles Santa Barbara, Palm Springs and Big Bear, but they don’t necessarily transit fuel-cell vehicles: today. This, like all continuing re- ‘‘This market introduction has to be north to that extended range, and so search that goes on around the world, aligned with the build-up of the nec- this has a particular viability in south- will progress. But it is a reality as we essary hydrogen infrastructure. There- ern California. Similarly, New York know it today. fore a hydrogen infrastructure network State, my home State, has the poten- Let’s talk about myth four, which is with sufficient density is required by tial for a ‘‘hydrogen highway’’ as de- probably the most daunting issue fac- 2015. The network should be built up scribed in previous work by the New ing America. And, Mr. Speaker, I ap- from metropolitan areas via corridors York State Energy Research and De- preciate your indulgence in what is in- into area-wide coverage.’’ creasingly technological conversation. velopment Authority. You can build Mr. Speaker, others get it. And many Distribution infrastructure isn’t nodes and link them together along in this country understand it as well. there, and there are no plans to estab- roads like Interstate 90. Foreign governments in Germany and lish it. That’s myth number four. The But NYSERDA, the New York State Japan are listening to their auto- reality is that the infrastructure chal- Energy Research and Development Au- motive manufacturers. They are col- lenge is solvable. Stations are here thority, recognizes that ‘‘as with any laborating with those manufacturers to now, and according to the National Hy- vision, barriers to achieving our goals put production vehicles in the market drogen Association of the United exist. The support needed must come and in the marketplace by 2015 and ex- States, we currently have 75 stations from collaborative efforts among in- plore simultaneously the need to over- located around the country, most in dustry, as well as between industry and come infrastructure challenges. Work- New York and California, with 44 more local, State, and Federal Government. ing to blanket their countries with a planned over the next 2 years. Communication and cooperation will national hydrogen fuel-station infra- Like the Eisenhower Interstate High- be required to overcome the technical, structure that will free their countries way System or the international and market, and policy challenges imped- from foreign oil. And we will be left national railroad systems, or our own ing the implementation of hydrogen side-lined, wondering how this hap- aircraft and airport infrastructure, this energy systems.’’ pened. will require a national involvement, a As a proof that this technology is In our next slide, the flags tell the national government involvement, here now, we only have to look at what story. Our competitors are passing us which will result in jobs and lots of is happening within the automotive in- by. They will soon have government- them. It will create entirely new indus- dustry, especially abroad where foreign supported fuel-cell fleets on the road tries, industries that cannot be ex- governments and car companies are for research and development and pro- ported; and it will be a tremendous teaming up to tackle the challenges of totype testing, as well as the infra- stimulus to the U.S. economy in and of commercializing hydrogen fuel-cell ve- structure to support it. China, Korea, itself. hicles. Japan and Germany are all in the fight To roll out this infrastructure, all we Let’s take a look at some of those competing with the United States, all need to do is start with nodes and then partnerships in the next slide. As I moving forward aggressively and, in connect them, and the work has al- have said continually, the technology fact, faster than we are to commer- ready started. It doesn’t require a mir- is here and here now, and those in the cialize technologies that we invented acle. It only requires the will and the industry recognize the potential of hy- here in the United States. Their indus- national focus to do it. drogen cars in the commercial market. tries and their governments are work- Here we see to my right several of The global automotive industry says ing together. In Japan and Germany, the stations that are already being de- that at the current pace, these vehicles long-term government industrial col- signed and implemented for commer- will be on the road commercially by laborations have existed, and they are

VerDate Nov 24 2008 03:58 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.106 H20OCPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE H11504 CONGRESSIONAL RECORD — HOUSE October 20, 2009 leveraging those collaborations and thousands of hydrogen fueling stations unnecessarily high growing battle those partnerships to leapfrog over the that will relieve their countries from space fuel demand. Let’s face it, an United States and the work that we the burden of foreign oil and establish M1A2 Abrams tank powered by a gas put in place initializing the very tech- a viable energy infrastructure that turbine engine using aviation fuel nologies that we may one day be supports clean, renewable energy pro- burns a lot of gas. And we have seen threatened with having to reimport duction within their own countries over and over and over again in land, into this country. independent of importation. And they air, and sea warfare that the logistical China is also learning a lesson and will be creating the tens of thousands requirements of moving fuel is one of watching us carefully and matching of new green jobs that should be cre- the most important battlefield cri- their incredible ability to literally re- ated and kept here in the United States teria. verse engineer anything and every- of America. In fact, in my own life, I learned at thing that is developed and placing We have seen this before. Not too advanced war schools, such as the Na- their massive industrial strength be- long along ago, this country invested tional War College and the Naval War hind it. There is no doubt that should in battery electric vehicle technology. College, that amateurs talk about bul- they want to and should we surrender And I’m not talking about the invest- lets and guns and professionals talk the lead, they will overtake us. ments that came out of the recent about logistics. And logistics harbor The bottom line is if we don’t move stimulus bill, but rather the invest- around the movement of petroleum on hydrogen fuel-cell technologies and ments that were made back in the products for our aircraft, our tanks, the vehicles built from them and we do 1980s. The Department of Energy in- and our ships. And we are increasingly not move forward, someone else will, vested to kick-start the technologies and at farther ranges dependent on and we will end up buying it from them and advance them towards production, that. In fact, Mr. Speaker, just re- just as we have ended up buying hybrid and a large automobile manufacturer cently on the front page of a major technology from the very competitors in the United States built a small fleet Washington political newspaper the who took it away from us after we in- of battery electric vehicles that were headlines read that a gallon of fuel vented it and moved that technology placed on the road with real world driv- used by the United States military in forward. We will be reliant on these ers, sort of like where GM is today Afghanistan is costing the United foreign producers for this clean tech- with hydrogen fuel-cell vehicles. The States taxpayer $400. nology in the same way that we rely on United States, in particular one State Likewise, military installations both foreign oil right now to power our in the United States, California, then overseas and, of some significant na- automobiles. shifted its focus, and the programs be- tional security curiosity, right here at Let’s look at a specific on the next came economically unviable and went home are completely dependent on a slide. Germany, an ally and an indus- away quite dramatically. civilian electrical infrastructure grid. trial partner, has developed a logical Today, leaders in this technology, When the lights go out in New York plan with government infrastructure battery automotive technology, are in City, they go out on any military base developments and hydrogen fuel-cell Korea, China and Japan. And yet, the on the same electrical grid. There is no automobiles to roll out H2 fueling sta- research and development was done independent powering sources. This is tions over a very short period of time. here in the United States of America. not a position that we want our mili- To the far right we see in 2013 some 150 By the way, this is not an anomaly. tary to be in. fueling stations, and by 2017, 1,000 hy- I could have told you the same story Hydrogen fuel cells can help the mili- drogen fuel-cell filling stations, allow- but replaced ‘‘battery’’ vehicles with tary address its own petroleum reduc- ing the Germans to access hydrogen the word ‘‘hybrid’’ vehicles. And yet, tion requirements. Nontactical vehicle technology all over their country. In last year, as the price of gasoline applications, these are the everyday just four short House of Representa- spiked and the United States consumer administrative vehicles used all over tives election cycles, they will be done. market focused on hybrid vehicles, the United States by the DOD, are a And we will be wondering how did it there were no commercially available, wonderful place to introduce this tech- happen? How were we left behind? This mass deployable, domestically manu- nology and move forward. And sta- is because countries all over the world factured hybrid vehicles. Why? Because tionary hydrogen fuel cell storage and have, or are developing, national hy- we embarked on that technology and requirements are also a significant na- drogen plans. we allowed foreign manufacturers to Mr. Speaker, allow me to show you in tional security increase for our shore- capture it, thus forcing us to reimport side installations. the next slide who some of those play- it at significant capital costs to the Fuel cells and nontactical vehicles ers on the global market are. Germany United States. If all the other major will later enable tactical applications. and Japan are leading globally and countries have a very specific program And while it seems far fetched that we leapfrogging ahead of the United in place, what do they know that we may one day have a fuel cell-powered States. China is coming on strong and don’t know? tank, Mr. Speaker, I offer for consider- in the past has not respected other na- Well, here is an aspect of it, Mr. ation that those on the battlefield of tions’ intellectual property rights. This Speaker, that I would like to leave you the Civil War would have had a hard will allow them to not only catch up with tonight. Allow me to conclude time imagining a gas turbine power quickly but surpass us. And believe you with one final slide. This is not nec- aviation fuel Abrams M1A2 tank. We me, they will and they are. Korea is essarily only an issue of commercial simply cannot rely on surrendering the also stepping up with its manufac- capabilities or of industrial capabili- promise of this technology and ship- turing partnership with Hyundai. All ties. It is an issue of national security. ping it overseas. over the globe we see other countries The United States military sees a need realizing the promising future of this for independent energy capabilities. Now, Mr. Speaker, with total trans- technology. We invented it here. We This was recently outlined in an inde- parency, I must confess that one of the developed it here. We are manufac- pendent report by the Defense Science reasons that I am so motivated and so turing it here. And yet, we are at the Board Task Force on DOD Energy passionate about this subject is that cusp of surrendering it here. Strategy. In recent letters from senior for the past 15 years, out of sight and In the big picture, manufacturers DOD officials, one individual quoted out of mind, in a corner of my congres- from Germany, Japan, Korea and China ‘‘domestic leadership in advanced tech- sional district that most people did not are now accelerating their movement nologies such as fuel cells is of national even know existed, some 400 engineers, forward, and they are doing so quickly importance.’’ technicians, and support personnel with a massive government research have worked to bring the vision of pe- and development program. They will b 2240 troleum-free transportation and inde- likely soon have large fuel-cell fleets The task force concluded that the pendence from imported petroleum to on the roads, even larger than General Department of Defense faces two pri- reality. Motors’ current research and develop- mary energy challenges. Department of Tonight and tomorrow, and hopefully ment 119-car fleet. They are installing Defense energy operations suffer from into the future, the engineers and the

VerDate Nov 24 2008 03:58 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.108 H20OCPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE October 20, 2009 CONGRESSIONAL RECORD — HOUSE H11505 technicians at the Honeoye Falls ad- this House every afternoon and every tember and after Labor Day and back vanced fuel cell research and develop- evening, be it national foreign policy again. ment facility have brought the future issues that weigh heavily on our minds b 2250 today. Their leader, Mr. Matthew in Iraq and Afghanistan, whether it be Fronk, a man who will soon retire from a contentious debate about health care, Our argument was not to reject hy- his position and seek a leadership role allow us not to lose the vision of the drogen. Our argument was to expand in academia, is to be commended for future. Allow us not to do what has access to all energy in America. It was his vision and for his leadership. And it been done before. Allow us not to for- the case the American people wanted. is not he alone, because it is a classic get and give away the decades of ad- It remains the case of what the Amer- example of the ability of private indus- vancement and work that have accom- ican people want, and the American try, in this case, General Motors, a plished so much in this very focused people want access to all energy all the company often maligned and much in area of technological development that time. the press, who has brought to the Na- holds so much promise not only for the We are a country that’s blessed with tion a unique, forward-looking capa- automotive fuel sector, but for energy a tremendous amount of energy. We bility that no other Nation in the independence. We speak on the floor of can produce the nuclear energy that we world today has, and yet we are at the the House in great and grand and um- need and more than we’re using by far cusp of losing them. Right when we had brella arching metaphors, and yet now right now. We’re blessed with a lot of the future in our hands, brought to us it is time to speak of specifics. coal. We have a lot of natural gas. If we by hardworking and highly educated, And so, Mr. Speaker, I thank you would utilize the resources that we incredibly passionate and dedicated that for this last hour I was given the have, we could expand our ethanol, our technicians and engineers, we are opportunity to highlight a specific biodiesel, our wind energy as we’re about to surrender it as we surrendered technology that holds so much prom- doing. If we would develop the energy battery technologies, as we surren- ise, because back home at the Honeoye that we have, we would have a surplus dered hybrid technologies. Falls research and development facil- of energy. So, Mr. Speaker, allow me to con- ity it can truly be said that not often It strikes me as a bit odd that the clude by reading an article that ap- in history have so few done so much for gentleman would focus exclusively on peared in CNN Money magazine just all of us. hydrogen. I don’t take issue with his last week. It is titled, ‘‘The Hydrogen Mr. Speaker, I yield back the balance hydrogen argument; but I will say that, Car Fights Back.’’ President Obama is of my time. as the gentleman says, if we expand betting on biofuels and batteries, but f our hydrogen energy instead of import- that isn’t stopping some automakers ing a large percentage of our energy, from investing in hydrogen fuel cars. ENERGY we will be exporting renewable energy. As it appeared in Fortune magazine, I The SPEAKER pro tempore. Under That is a long, long way from a reality; quote, ‘‘The valley of death is auto in- the Speaker’s announced policy of Jan- and we will never be to the point where dustry speak. It is a metaphorical uary 6, 2009, the gentleman from Iowa we can export renewable energy unless desert where emerging technologies re- (Mr. KING) is recognized for 60 minutes. we’re willing to develop all of Amer- side while car executives figure out Mr. KING of Iowa. Mr. Speaker, I am ica’s energy. which of the experiments ought to honored to have the privilege to ad- Here are some of the answers: All en- make their way into actual cars. Every dress you here tonight on the floor of ergy all the time. Let’s drill in ANWR. automotive leap forward has done time the House of Representatives. And hav- Why would you leave hydrocarbons un- in the valley, turbo chargers, fuel in- ing been privileged to listen to the gen- derneath Mother Earth? Why would we jections, even gasoline electric hybrids tleman before me speak of the energy not go out into the gulf and drill for like Toyota’s Prius. Hydrogen fuel cell issue, and not taking particular issue the natural gas and for the oil that’s vehicles, the alternative energy flavor with the delivery that he has given nor out there? Why would we not go up to of the month back in 2003, are the ones the facts that he has such a good han- ANWR and drill up there where we languishing today, along with hover- dle on, I would just make this point, have proven on the North Slope that craft and other assorted concept cars, Mr. Speaker, and that is that a little we can drill effectively and in an envi- but perhaps not for much longer. over 1 year ago, 1 year ago last August, ronmentally safe fashion and where the A number of automakers are now re- many of us Republican Members stood most extreme environmentalists can newing their push for hydrogen, and on the floor of the House of Represent- fly over the North Slope or walk across now it is looking as though hydrogen atives and argued that we needed to ex- it or ride around on Todd Palin’s snow- cars will make its way out of this con- pand the energy for the entire United mobile? ceptual vehicular valley of death. Last States of America; all energy all the They couldn’t find an oil well if you month, Daimler, the German Govern- time. directed them to it because they aren’t ment, and several industrial companies We started that debate before the ad- big, wooden derricks with oil bursting announced a plan to build 1,000 hydro- journment for the August recess, and into the air from a gusher or a geyser. gen fuel cell stations across Germany. the Speaker didn’t want to hear the de- They are submersible pumps in casings Days later, Daimler’s CEO, Dieter bate on energy. And so there was a mo- that are underground, and they are Zetsche, showed off Mercedes Benz’s tion that was delivered to adjourn wells that are drilled on permafrost, latest hydrogen fuel cell effort, the F- abruptly, which was passed on a purely and they are roads that are accessed Cell hatchback. Toyota, this summer, partisan vote. We kept debating en- only during the time of the many announced it will put hydrogen fuel ergy. We were geared up to come here months when there’s actually frost cell cars into production by 2015. and debate energy 1 year ago August. there for them to run on ice roads. You Honda, GM, and Hyundai all have hy- And as we debated energy, the micro- can fly over that countryside, and you drogen fuel cell programs running, and phones were cut off, the lights were can’t see the wells unless you know ex- Honda has actually put vehicles—heav- shut down, and the House of Represent- actly what you’re looking for. ily subsidized by the car maker to be atives would have been cleared by We need to drill in ANWR. We need sure—in the hands of some real cus- order of the Speaker except we do have to drill in the Outer Continental Shelf, tomers as opposed to its own engineers. enough sovereignty here to bring in the in all of our Outer Continental Shelf. Parenthetically, GM, today, is focusing citizens of the United States and our We need to open up the leases on it. We most of its energy on the plug-in hy- constituents. And even though Speaker need to drill it for oil. We need to drill brid Chevy Volt, but the company still PELOSI shut down the microphones, it for gas. We need to expand our nu- says it expects to have fuel cell tech- turned the C–SPAN cameras off to the clear. nology ready for commercialization by side and tipped them down and dimmed JOHN MCCAIN, in his Presidential 2015. the lights—didn’t shut them com- campaign, said we need to build 45 new Mr. Speaker, as we debate the great pletely off—we continued to debate en- nuclear plants in the United States in issues of the day, and there are many ergy every single business day all the a short period of time. Now, I don’t to debate, we hear them on the floor of way through August and into Sep- know if that’s the right number, but I

VerDate Nov 24 2008 03:58 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.110 H20OCPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE H11506 CONGRESSIONAL RECORD — HOUSE October 20, 2009 know that zero is the wrong number. money, Mr. Speaker, is fungible, and it mand. We have the resources, and The people on the other side of the takes energy to make anything that we we’ve created the know-how, and now aisle, the Pelosi majority, are opposed decide to make. Whatever we decide to we’ve become the knowledge base that to nuclear; they’re opposed to ethanol; manufacture takes energy. Even if you can export that knowledge to the rest they’re opposed to biodiesel. They sold a minimal amount of energy to of the country and, one day, to the rest argue some food versus fuel argument manufacture it, it still takes energy to of the world. that’s completely specious, and they deliver. Even though I’m in the middle of re- can’t make the argument with me. So every component of our economy newable energy and even though I’ve I’d be happy to yield to any one of is linked to the cost of energy; and if been engaged in it for many, many you who thinks you can. I’ll take you we’re going to compete against the rest years and even though I’ve watched, let on directly right now. The facts are in of the world, it’s our responsibility to me say, the successes, the victories and my head, and they’re not even in your have a price of labor that’s competi- some of the calamitous defeats that data because they don’t exist. tive, a lower regulation so the burden have taken place and the resurgence of We need to expand more and more of of government is not too high on our the business model that shows that this energy. They’re opposed again to businesses that are producing products they can compete against the other anything that is petroleum. They’re and services, and we have to have an sources of energy, at least given the opposed even to the expansion of nat- intellectual property and know-how structure that we’re working with ural gas, although the Speaker was in- and low energy costs so we can com- today, I work with all of that. formed a year and three or four months pete with the rest of the world. Mr. Speaker, I’ll tell you that we ago that natural gas is actually a hy- If you look at America’s industrial have to have all energy all the time, drocarbon. It isn’t one that puts as might, a lot of it grew during the pe- not a simple focus on a single kind of much CO into the air as burning oil or riod of time when we led the world in energy, not a lockout of petroleum be- 2 energy production. They discovered oil gas or diesel fuel does. cause some people say that it produces in Pennsylvania; and shortly after I’m having trouble finding a source of more CO . I’ll not argue the science of that, they discovered oil in Texas. 2 energy that’s suitable to the liberals that, but this myopic belief that we They developed the ability to drill and and to the environmental extremists in can limit the emissions of CO s and to produce oil, which was a cheap, com- 2 this Congress, Mr. Speaker. that somehow or another we can set pressed, concentrated form of energy; I look across the spectrum of the en- the thermostat of the Earth is simply and it remains that way. We developed ergy that we have, and I’ll tell you the false. the skills also, and those skills that we energy that I’m for. I’m for hydro- The premise of the science is wrong. market around the world, this source electric. I’m for hydrocarbons of all Some will say, Well, just argue the eco- of energy and the knowledge base that kinds. I’m for drilling every place that nomics because you can’t win the argu- came from drilling and developing I have said for gas and oil. I’m for coal. ment on science. No, Mr. Speaker. I’m for nuclear. I’m for wind, ethanol, wells, is something we’ve sold to the rest of the world. It has had great prof- When you have a huge policy like cap- biodiesel, solar. There are a number of and-trade that’s built upon a flawed them I’m probably forgetting. I want it to the United States. We simply cannot be a Nation, a huge premise such as CO2 emissions by the all energy all the time. I want the Nation as we are, that is shifting over United States have dramatically in- whole energy pie to grow, and I want to into this idea of green jobs. Green jobs creased the temperature on the planet be able to use American energy. We can are not green jobs. They’re govern- and if we significantly reduce the CO2 be energy independent. It doesn’t nec- ment-regulated, -created jobs. That emissions in the United States it will essarily have to be our goal, but we means that they’re not market-driven turn the Earth’s thermostat down, it’s have to be where we have the capa- jobs, but they’re jobs that are driven a false scientific premise, Mr. Speaker. bility to be energy independent. by government regulation. When you The idea that comes from the other b 2300 drive jobs by government regulation, side of the aisle is to make energy And I have looked at this and asked that means they’re more costly than more expensive. I mean, I listened to some simple questions that aren’t an- the market would have them. The costs the gentleman talk about let’s follow swered very well by the people who go up because of the regulation that’s the European model. Let’s hurry up be- claim to be the scientists, and they fall produced by government. So the argu- into this category. cause the Germans are going to be ment that we will create green jobs is How much volume is the Earth’s at- ahead of us. Well, they are all right. a false promise argument because it’s mosphere altogether? So if you would Their $9 gasoline is ahead of us. the government that sets the regula- take the total metric tons of the vol- They’ve had a policy that has been tions that produces the necessity to ume of the Earth’s atmosphere and costly energy, fewer cars and more bi- have green jobs. cycles for a long time; and the Ger- Now, I want renewable energy. I want draw it into a circle, a graph that mans aren’t the champions in Europe it to compete with the rest of the en- would describe how much that is, and of bicycle riding. I will submit that the ergy in this country and on the planet. draw it into an 8-foot circle, because Danes may well be the ones in the run- It’s clearly true, in looking at my that is what fits on the wall, a foot ning for first place in bicycle riding in record, that I have been a long-time higher than my hand, an 8-foot circle Europe, but their idea is that there is supporter of renewable energy. There in diameter, and that represents all of no such thing as bad weather. It’s just are 435 congressional districts in Amer- the Earth’s atmosphere, then Mr. bad clothing. It rains 170 days a year in ica. I have the privilege and the honor Speaker, you draw how big would the Denmark, and they ride bicycles 365 to represent the Fifth Congressional circle be, the circle of CO2, carbon diox- days a year in Denmark. District of Iowa. That is one of 435 dis- ide that has been emitted by U.S. in- That’s all right. Ride those bicycles, tricts, the western third of the State, dustry into the atmosphere of the but you don’t have a mountain in that roughly speaking. Earth and that is suspended in the at- country, and you barely have a hill. In We raise a lot of corn and soybeans mosphere that might—might, but not this country, we have long distances and cattle and hogs and eggs. When certainly—but might affect the Earth’s between places. Grandma is not going you add up the BTUs that are gen- temperature, that CO2, the cumulative to put chains on her bicycle and ride it erated from ethanol, from biodiesel and level of all CO2 emitted by the United to town through the hills and through from the wind generation of electricity States into the atmosphere since the the mountains in America. We have a and when you put it into the common dawn of the Industrial Revolution, Mr. different lifestyle. We have different denominator of British Thermal Units, Speaker, how much is that? demands. We have different priorities. the 5th District of Iowa, out of 435 con- What have we done? And my data Let’s let the markets decide. Let’s gressional districts in America, pro- goes back 205 years. What has the not drive up the price of gas as they’ve duces more renewable energy than any United States industrial might and the done in Europe and make it scarce and other. totality of its emissions in burning all costly, $7.50 to $9 a gallon. Let’s keep it Now, there are a few reasons that the coal and all the natural gas and all competitive, because energy, like we’ve done that. One is to meet the de- the crude oil in the form of gasoline

VerDate Nov 24 2008 05:26 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.112 H20OCPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE October 20, 2009 CONGRESSIONAL RECORD — HOUSE H11507 and diesel fuel and other forms, ker- heard, and it is not a very good one, is a Department of Justice ruling, for osene and jet fuel, the other forms, pro- the Speaker of the House’s statement, local elections because that would vio- pane, all of those forms of energy that ‘‘I am trying to save the planet. I am late black voters’ rights to elect can- have been burned and then the CO2 that trying to save the planet.’’ And, yes, it didates they want. has been emitted and suspended in the was a broken record delivery, Mr. What does this possibly mean? It atmosphere, how much in 205 years, as Speaker. doesn’t fit the logic where I come from. compared to all of the Earth’s atmos- So, that is the energy issue that It says that several Federal and local phere that you might draw in an 8-foot needed to be talked about for a long politicians would like the city to chal- circle, how big would that circle be, the time. We have talked about health care lenge the decision in court, and I would cumulative total of all U.S. CO2 in the for so long we have about forgotten to too. atmosphere be in 205 years? take up the energy issue. Mr. Speaker, I would call upon the Mr. Speaker, it is shocking to boil I would take us then to a contem- city of Kinston to challenge this Jus- these numbers down to the real truth. porary issue that emerged today in the tice Department decision in court. An 8-foot circle of all the Earth’s at- news, and it is something that the They have a right to hold their local mosphere, the cumulative, and that American people do need to know elections, and the Department of Jus- means 205 years’ worth of CO2 from the about, Mr. Speaker, as any subject tice should not be making the pre- United States put into the atmosphere, matter that comes up here on the floor, sumption based on the racist presump- that circle is certainly not 8-foot, that the American people need to know. tions that they are. is all the atmosphere, or 7 foot or 6 foot There are more subjects than we can The voter apathy, they say, is the or 5 foot or 4, 3, 2 or 1. We might think possibly have time to address. largest barrier to black voters’ election that circle is a couple feet, if we listen Mr. Speaker, at the end of my talk I of candidates they prefer. A little code to the environmental extremists. will introduce this article into the word, ‘‘candidates they prefer.’’ How do But the real size in relation to all the RECORD, The Washington Times pub- they know who these candidates are Earth’s atmosphere as drawn in an 8- lished at 4:45 a.m. and updated at 7:25 who are preferred? The way you have foot circle, the real diameter of the cu- a.m. today, October 20, 2009, by Ben to register who you prefer is, go to the mulative total of CO2 is .56 inches, Mr. Conery entitled ‘‘Justice Concludes polls and vote. Voter apathy cannot be Speaker. That is about like this, about Black Voters Need Democratic Party. I fixed by a wrongly made decision on the size of a bullet, the tip of my little will make that available at the conclu- the Department of Justice. finger. That is how big that circle sion. There is some language here by Mr. would be, .56, just a little over half an Here is the article. The Justice De- Steven LaRoque, who led the drive to inch in diameter. That is the cumu- partment concludes that black voters end the partisan local election. He lative total of all the CO2 in 205 years. need the Democratic Party. This is a called the Justice Department’s deci- The Waxman-Markey bill proposes Washington Times article, and I will go sion ‘‘racial as well as partisan.’’ And that if we would just reduce one year of through some of the highlights here he went on to say, ‘‘On top of that, you that, in annual figures that would be and then seek to summarize it, Mr. have an unelected bureaucrat in Wash- 1⁄205 of the cumulative total, by 17 per- Speaker. ington, D.C., overturning a valid elec- cent for a few years and then raise that Voters in the small city of Kinston, tion. That is un-American.’’ Steven up a little more and finally reduce it to North Carolina, have decided over- LaRoque, Kinston, North Carolina. 83 percent by the time we get to the whelmingly to do away with party af- Continuing on, the point is made year 2100, and by that year they believe filiation for their local elections for that this is the Justice Department, that the Earth will have diminished its mayor and city council. They didn’t the Eric Holder Justice Department, increased temperature by let’s say 1.5 want them to be labeled as Democrats that ended and dismissed the voting degrees centigrade. or Republicans or Libertarian or Com- rights case against the New Black Pan- That is their calculus. And we here munist or whatever they might be—I thers Party in Philadelphia. on the floor of the House of Represent- don’t know if there are any down there 2310 atives would conclude and America in Kinston, actually—but they wanted b would accept the leadership of this to eliminate the party label and just Now, I have seen this film, and I’ve Congress because they don’t know and run candidates in a nonparty way. But examined this case, at least to a re- they don’t have access to the truth, the Obama administration overruled spectable depth, where they have, let and they are certainly not hearing it the overwhelming majority of the elec- me say, as the New Black Panthers in from both sides of the aisle, they ac- torate of the city of Kinston, North Philadelphia, there is videotape that’s cept the idea that surely no person in Carolina, and decided that they in the possession of the Department of this Congress and certainly not a ma- couldn’t offer ballots and elect their Justice, unless somehow they have de- jority would be cynical enough to ad- local candidates unless they had a stroyed the evidence on their hands, of vance some idea of science that was party label. four members of the Black Panther bogus in an effort to try to create a The Justice Department’s ruling, and Party in Philadelphia in quasi-para- plan called cap-and-trade, which would it affects the races for city council and military garb standing before the poll- be the largest and most insidious tax mayor, went so far as to say this: Par- ing places in Philadelphia, one of them increase in the history of the world. tisan elections are needed so that black at least wielding a billy club and in- And for every dollar it collected, only voters can elect ‘‘candidates of choice’’ timidating white voters that came in about one out of five would get into the identified by the Department as those to vote in the polls, and the video that United States Treasury, and the rest of who are Democrats and almost exclu- I heard, one of those Panthers called a it is wasted in the process like friction sively black. white voter a ‘‘cracker.’’ This was the in a motor. The Justice Department—I would say most open-and-shut case of voter in- That, Mr. Speaker, is what we are they are questionable in the way they timidation in the history of the United dealing with with cap-and-trade. And are currently named—the Department States of America, Mr. Speaker, and when I listened to the gentleman talk ruled that white voters in Kinston will the Eric Holder Justice Department about hydrogen, I don’t take issue with vote for blacks only if they are Demo- cancelled the case and dropped it even his data or his argument. I will just crats. What that means, that is veiled though there was, and I’ll go down add that there is much more that we language for, white voters that aren’t through some of the details of this, a need to do to see the big picture. The Democrats are racists. That is what it judgment that was, I believe, agreed to. big picture means all energy all the says in this article. It is a conclusion Now, going on, then in Kinston, here time, and let’s go ahead and use it. drawn by the Justice Department. And are some comments that come from There is no reason to store a lot of I will say their conclusion and their de- the U.S. Commission on Civil Rights, hydrocarbons underneath the crust of cision on its face is racist, Mr. Speak- and this is Abigail Thernstrom, whom I mother Earth in the territory of the er. know and whose judgment that I re- sovereign United States of America It says, therefore, that the city can- spect tremendously. She said, the Vot- and not use it. The only reason I have not get rid of party affiliations, this is ing Rights Act is supposed to protect

VerDate Nov 24 2008 05:26 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.114 H20OCPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE H11508 CONGRESSIONAL RECORD — HOUSE October 20, 2009 against situations when black voters when he talked about content of char- maining support from white voters for are locked out because of racism. This acter, not color of the skin. That’s the the Democratic candidate will dimin- is Abigail Thernstrom, Civil Rights dream that I’ve had for America. I was ish even more. Now, she is, as I said, Commission, U.S. Civil Rights Com- inspired by that speech, and I don’t the same official that put the brakes mission. She continues, and I quote, know any American that wasn’t in- on the New Black Panther case of voter ‘‘There is no entitlement to elect a spired by the speech. intimidation. candidate they prefer on the assump- But I’m now watching Americans in And then we have a situation where, tion that all black voters prefer Demo- positions of significant power that after a judge ordered a default judg- cratic candidates’’; Abigail Thern- have forgotten the philosophy of Mar- ment against the Panthers who refused strom, U.S. Commission on Civil tin Luther King, Jr., and they have to answer the charges or appear in Rights. fallen back to a purely partisan philos- court, the Justice Department dropped So Kinston, the city that decided ophy. This is an Attorney General that the charges against all but one of the they didn’t want to have partisan elec- declared people that were Republicans defendants saying, and I quote, this is tions, now is essentially ordered by the as not being willing to discuss the issue very likely Loretta King’s statement, Department of Justice to have partisan of race and being cowards when it ‘‘The facts of the law did not support elections on the assumption of the De- comes to the issue of race. Well, Mr. pursuing them.’’ partment of Justice that apparently Speaker, I’ve shown no reticence to Really? The most open-and-shut case black voters won’t know who to vote discuss that. I think it’s important for in the history of the United States of for if they go to the polls and they us to have those open discussions, and America of voter intimidation, don’t have a Democrat label on the if we don’t have the open discussions videotaped witness after witness, what names of the candidates that are ap- on race, we’ll never get to the point facts were not there to support pur- parently black Democrat candidates. where we can actually joke and laugh suing a case of voter intimidation? And that’s been the history of what’s with each other and be people that are I recall the cases in Florida during going on in Kinston. They should have God’s children pulling together in the the Presidential election of the year the right to select candidates without same country for the same cause, 2000 when the case was argued that a regard to race, and this is a decision which I believe we can and must do, mile and a quarter away a traffic check that is based on race at its core. It says and I think it’s God calling to us. was voter intimidation because some that the city had uncommonly high Continuing on in the article, and I people were going to drive through the voter turnout in the last election with will quote Loretta King, who made traffic stop and show up at the polls. more than 11,000 of the city’s 15,000 vot- this, issued this statement from the That was the argument made by the ers casting ballots, but Kinston’s Department of Justice, and she said, party of the same people that have de- blacks voted in greater numbers than and I quote, ‘‘Removing the partisan cided that you have to have a label of whites the last election, presumably queue in municipal elections will, in Democrat on the ballot so that African because Barack Obama was on the bal- all likelihood, eliminate the single fac- Americans know who to vote for. lot, where he won in that city by a tor that allows black candidates to be b 2320 margin of 2–1, and that was—excuse elected to office’’; Loretta King, who at me. He won a victory in that city, but the time was the Acting Head of the That’s what’s said here. That’s Loret- the election, the vote to determine Justice Department’s Civil Rights Di- ta King’s decision. She’s in the Depart- that they would be electing their local vision, wrote in a letter to the city of ment of Justice. Eric Holder is her candidates on a nonpartisan ballot Kinston, North Carolina. boss; President Obama is his boss. And passed by a 2–1 margin in Kinston, and She also wrote that voters in Kinston they are all accountable for this breach yet the Justice Department overturned vote more along racial than party of a constitutional concept, if not the that decision because they concluded lines, and without the potential for Constitution itself. that black candidates—or, excuse me, voting a straight Democratic ticket, I Ms. King’s letter in the Kinston black voters wouldn’t know who to quote again, Loretta King, ‘‘The lim- statements said that because of the low vote for unless they had a D beside ited remaining support from white vot- turnout, black voters must be viewed their name. ers for a black Democratic candidate as a minority for analytical purposes That is pandering. That is a racial will diminish even more.’’ and that minority turnout is relevant decision on its face, Mr. Speaker, and Purely a bald-faced racial decision to determining whether the Justice De- America can’t tolerate that kind of coming from the Department of Jus- partment should be allowed to change thinking from a Justice Department tice, and, by the way, from the very election protocol. that shut down the most open-and-shut DOJ official that formerly killed the Really. voter intimidation case in history, case of voter intimidation that was al- Can’t we get back again to the con- Philadelphia. ready made in Philadelphia with the tent of the character? Is it not possible And so I go on. One of the statements new Black Panthers and their billy for someone of good conscience and made is in a letter dated August 17. clubs out in front of the polling places good character and good judgment to The city received this letter from the in Philadelphia. That’s tolerated by represent other people of good con- Justice Department. Their answer was this Justice Department, but being science, good character, and good judg- elections must remain partisan because able to go to the polls and vote for ment? It had better be, Mr. Speaker, the change’s effect will be strictly ra- someone in a local city election like because if we can’t, if somehow skin cial. In other words, if you don’t label city council or mayor and not having a color trumps good conscience, good the candidates as Democrats or Repub- party label on them, Democrat and Re- character, and good judgment, this licans and you look at the anticipated publican, is not tolerated because this country is in a very sad shape indeed. result of the elections, there might be Justice Department does the calculus How in the world with this logic did somebody that’s not black that gets that somehow it will diminish the elec- this Nation then elect Barack Obama elected to office. This is the logic of tions of Democrats if they’re not la- as the President of the United States? the Justice Department. beled as Democrats, and they presume And that would be my question. And What happened to Martin Luther that African Americans can’t make I don’t think it can be answered by the King, Jr.’s ‘‘I Have a Dream’’? What that decision without the label. logic, if you call it that, that’s been de- happened to the content of the char- And actually, looking at the Presi- livered in this decision that’s imposed acter rather than the color of the skin? dential results, you have to wonder, if upon the City of Kinston, North Caro- We have come 180 degrees, Mr. Speaker, 96 percent of African Americans voted lina. from the time when Martin Luther for Barack Obama, one would be able Continuing. Loretta King wrote: King, Jr. stood down here in front of to draw that as an indication that cer- ‘‘Black voters have had limited success the Lincoln Memorial and gave his ‘‘I tainly ethnicity was a factor when in electing candidates of choice during Have a Dream’’ speech and inspired a they went to the polls. I don’t think recent municipal elections.’’ Again, people of this Nation, the people of this that can be denied. But again, Loretta that’s candidate of choice. Who’s to de- Nation and the people of the world King’s statement that the limited re- termine what a candidate of choice is?

VerDate Nov 24 2008 05:26 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.116 H20OCPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE October 20, 2009 CONGRESSIONAL RECORD — HOUSE H11509 That would be the candidate that was are more likely to be elected without and had hearings and had been con- voted for by the people who went to the regard to justice. And this is the Jus- firmed in the United States Senate. polls. And if people of one color show tice Department of the United States So we have Kevin Jennings, the safe up in a lower percentage than people of of America. and drug-free schools czar. Kevin Jen- another color, that doesn’t mean that Abigail Thernstrom of the Civil nings, the man who—and I will go they’re unrepresented; it doesn’t mean Rights Commission blasted the Depart- through a list of things—but the part that you’re supposed to jigger the ment’s interpretation of the law. And I that caught my attention the most and game in order to produce a different re- would agree with Abigail Thernstrom first was as a teacher in Massachu- sult. when she said, ‘‘The Voting Rights Act setts—and by law, Kevin Jennings, as a If you don’t like the results, look at is not supposed to be compensating for teacher in Massachusetts, was a man- the way you’re represented, make a de- a failure of voters to show up on Elec- datory reporter, which means under cision upon the people that are elected tion Day.’’ the laws of Massachusetts—and they to the city council and to the mayor’s And she continues, ‘‘The Voting may have had a different name for it— position in Kinston, North Carolina, Rights Act doesn’t guarantee an oppor- that is the name for people in Iowa who and everywhere else in America. But tunity to elect a candidate of choice. have to report—if a child that is in don’t base it on skin color as the basis. My candidate of choice loses all the your care and custody and responsi- This is so un-American, so unconsti- time in elections.’’ So does mine. bility in the class is being abused men- tutional, and it echoes back to the ma- Are we really going to rig the game tally, physically, or sexually, it’s the jority decision that was written by because our candidate of choice didn’t obligation of the mandatory reporters, Justice O’Connor in the affirmative ac- win? which are listed, and all teachers are tion cases at the University of Michi- And then also continues, ‘‘The deci- mandatory reporters, to report to—in gan where Justice O’Connor looked at sion that employs similar reasoning Massachusetts, I believe it’s their the formulas that were used to produce and language as in other cases of the equivalent of HHS, Health and Human the proper color and gender of the peo- Kinston ruling’’—and here’s the deci- Services Department. ple that got into the school in Michi- sion—″implementation of nonpartisan Kevin Jennings had a student come gan, be it the broad student body at the elections appears likely to deprive in, whom he has written in his book in University of Michigan or the Univer- black-supported candidates of mean- 1994 and addressed it in the speech in sity of Michigan School of Law. And in ingful partisan-based support and to the year 2000. This is Kevin Jennings’ her decision, her majority opinion, she exacerbate racial polarization between words and his analysis, not mine, Mr. wrote that, you know, the Nation black and white voters.’’ Speaker; but his speech and his wasn’t—and I am paraphrasing here— What could more exacerbate racial writings are about a 15-year-old boy the Nation wasn’t quite ready for a col- polarization between black and white who came in and sought the counsel of orblind admission process, that we voters than a decision by the Depart- teacher Kevin Jennings. really needed to have a quota system ment of Justice, Mr. Speaker, based strictly upon skin color that’s designed as long as that quota system was based b 2330 on individual analysis of individual ap- to give an advantage based upon skin plicants rather than a broader applica- color that disregards the idea that a He said, Well, I have been having sex- tion that would be used as a formula. man or a woman can represent another ual relations with an adult male in the And Justice O’Connor also wrote, and man or a woman with logic and char- restroom at the bus stop, and I want to again this is paraphrasing, she also acter and understanding and decency talk to you about it. Kevin Jennings’ wrote that but even though that is the without regard to skin color? advice was, I hope you knew to use a case today, perhaps we should come Martin Luther King has got to be condom. It seems to be the sum total- back and revisit this in 25 years or so. rolling over in his grave to see where ity of his advice, Mr. Speaker. And Maybe America will be ready for the racial politics have taken the United that is the focus of his repeated nar- kind of a policy that allows for merit States of America, Mr. Speaker. rative of the 15-year-old boy. rather than skin color or gender to be And now, Mr. Speaker, I would shift Now here are some problems. As a the qualifications that allows people on to a few more subject matters. mandatory reporter, this child was into law school, Mr. Speaker. As I spoke about the energy issue and being abused. It was a violation of the That is breathtaking to me to think the Kinston, North Carolina, issue, I’ll law. It was statutory rape under Mas- that a Supreme Court Justice of the take up the issue of Kevin Jennings. sachusetts law. Kevin Jennings was United States, with the support of a Kevin Jennings, the appointee of compelled by law to report this as a bare majority, but a majority of the President Obama to be the safe and teacher, a mandatory reporter. He did Supreme Court, could write, could put drug-free schools czar. Now, paint that not. But he wrote about it in his book. in print something so utterly illogical image out in one’s mind’s eye. All of He talked about it in his speeches. And that only one could conclude that the the schools in America got along fine some have argued, after the fact, that decision was if we’re going to go back without someone who was in charge of the young man was actually 16, not 15. and revisit this in 25 years and deter- safe schools. That was a local issue. But as long as Kevin Jennings argues mine if the equal protection clause in Drug-free schools, local issue. Nancy that he is 15, then what he knew or the 14th Amendment actually will Reagan said, ‘‘Just Say No,’’ and that what he thought he knew is a control- apply if society is ready for equal pro- got published through our schools and ling factor, and he was obligated to re- tection in 25 years, Justice O’Connor that was a good thing. But we didn’t port the sexual abuse of a child, the concluded that the Constitution itself need a safe and drug free schools czar. intergenerational sexual abuse, statu- needed to be suspended for 25 years and Well, now we have one, one of 32— tory rape of a child. He did not do that. maybe we could come back and adhere maybe as many as 47 czars—that have And he has repeated himself up until to the Constitution if it was conven- been appointed by President Obama. recently, by my documentation, and ient at a later date in a subsequent And, Mr. Speaker, these czars have not probably after that, by the year 2000. generation. come under the confirmation hearings, Now he has been appointed the ‘‘Safe This is the rationale of Justice open hearing scrutiny of the United and Drug-Free Schools’’ czar, a man O’Connor that opens the door for this States Senate even though a number of with such a colossal lack of judgment kind of rationale and Department of them have power that eclipses that of that he couldn’t follow the law in the Justice, civil rights division, and you the Cabinet members themselves. No, Commonwealth of Massachusetts to could have Loretta King write, Black these czars are appointed to sometimes protect the safety of the children. The voters have limited success in electing circumvent the confirmation process legislature of Massachusetts, as left- candidates of choice during recent mu- and the vetting process that takes wing as they are, saw fit to put into nicipal elections—even though the city place and just simply give them a job the law guidelines for their teachers is about 2–1 black in turnout—doesn’t and grant them a power and authority and their other mandatory reporters. reflect that and she needs to rig the eclipsing, in some cases, that of the And Kevin Jennings, the czar of ‘‘Safe game so the candidates of her choice Cabinet members who have been vetted and Drug-Free Schools,’’ couldn’t see

VerDate Nov 24 2008 03:58 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.118 H20OCPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE H11510 CONGRESSIONAL RECORD — HOUSE October 20, 2009 fit to even follow the law in Massachu- the language, the narrative that Kevin if a man of the resume, the bio, of setts, let alone possess a moral com- Jennings writes about his own drug Kevin Jennings had been hired by his pass that would have been a prudent abuse and being at the airport watch- school inadvertently and the resume one. He has since said he could have ing the planes land, they can only draw had been discovered and reviewed, made a better decision. one conclusion: That it’s all right to could he continue to teach on the fac- Now I wouldn’t argue that a man use drugs and probably won’t end up in ulty of this top-notch principal’s that made a single mistake in, I be- a bad result. In fact, if you use drugs, school? And the principal’s answer was, lieve the year was 1988, should be pun- you can end up the ‘‘Safe and Drug- No way. No way we could keep some- ished for that in perpetuity. I would Free Schools’’ czar in the United one like that on our faculty. argue, though, that a man that made States of America. That is the model So, Kevin Jennings, Mr. Speaker, at that mistake, that saw fit to highlight that is there if Kevin Jennings remains least in the mainstream schools in it in his book in 1994 or 1995 and high- as the czar of ‘‘Safe and Drug-Free America, couldn’t teach in the class- light it in at least one speech in the Schools.’’ room because he has been such a pro- year 2000—it happened to be in Iowa, by So what does he have to offer? What ponent of activism when it comes to the way, Mr. Speaker—a man that has does he have to offer about school safe- dealing with a narrow component of that kind of flawed judgment that is ty? Well, the only thing he has to offer sexuality in America. And he has been standing in front of groups that pro- is his relentless advocacy to pass anti- pushing it on our kids in this country. mote homosexuality and making the bullying laws in the State legislatures He has also been a supporter of and case that he has been a protector and across the land. About 20 States have an admirer of Harry Hay. We saw the advocate of that lifestyle was pretty adopted some legislation to that effect. White House official just a few days proud of his decision to advise this Anti-bullying laws are designed to ex- ago who said she was inspired by Mao young man whom he referred to as clusively protect kids who are viewed Tse Tung, the murderer of 70 million ‘‘Brewster, ‘‘ I hope you knew to use a as homosexual kids. Now I want to pro- Chinese. Kevin Jennings has been in- condom.’’ tect all kids. And I don’t want any spired by Harry Hay, who is the cover That is a colossal lack of judgment. children bullied. By the same token, I boy for NAMBLA magazine, the North The momentary flaw in his judgment don’t believe that we need to have spe- American Man Boy Love Association. in his advice to Brewster, the colossal cial laws that are based upon the per- b 2340 lack of judgment and repeating it as if ceived notions that go on in people’s That organization that promotes it were a merit rather than a demerit heads. We can punish the overt acts intergenerational sex between men and in his book and in his speech in Iowa in that are used as violence or intimida- boys and says it’s all right and it the year 2000, and I would suspect tion against these kids in school, and doesn’t hurt them—in fact, it may give many times before and after until he we can protect all kids. them pleasure and be healthy for has been called on it, a single incident Kevin Jennings’ advocacy has only them—this person who has been on the is not enough to judge a man by and been to protect those kids he views as cover of their national magazine was not enough to disqualify him by, but it homosexual. He has been offended by lauded by Kevin Jennings, and Jen- is something to get our attention. what he called the ‘‘promotion of het- nings said of Harry Hay, I am always And then, Mr. Speaker, we can look erosexuality.’’ And for want of finding inspired by Harry Hay. Astonishing. at Kevin Jennings in a broader view. the actual text, Mr. Speaker, I will par- A man of this caliber and this philos- What has been the totality of his aphrase this, Kevin Jennings, in one of ophy cannot be the safe and drug-free record as an adult professional? And his speeches—and I actually typed this schools czar in the United States of his focus has been on the promotion of up with my hands from the YouTube— America. Surely, out of 306 million peo- homosexuality. In at least four books said that every time kids read ‘‘Romeo ple, we can find one—can’t there be one and perhaps five that he has written, and Juliet,’’ they are being aggres- that has lived an exemplary life? One every single one at a very minimum sively recruited to heterosexuality. who wouldn’t be objectionable to any touches on the issue. Most of the mate- Kids are being aggressively recruited parents? One who has advocated for the rial focuses on the issue. He has writ- to heterosexuality by reading ‘‘Romeo safety of all of the kids, not a narrow ten the foreword to a book called and Juliet.’’ view of those whom he would label as a ‘‘Queering Elementary Education.’’ So here is a man who is now today homosexual kid? Couldn’t we find Now I will submit that kids that are in the ‘‘Safe and Drug-Free Schools’’ czar somebody that at least hasn’t been kindergarten, first-, second-, third-, who is opposed to ‘‘Romeo and Juliet’’ public about their drug abuse so as to fourth-, and fifth-grade in elementary because the implication is it’s a young tell these kids to stay away from school don’t need to be burdened with man and a young woman who are at- drugs, that drugs will ruin your poten- those kinds of decisions. They don’t tracted to each other and who are in tial, if they don’t kill you and end your need an advocate for homosexuality or love. And he objects because he be- potential, they will ruin your poten- any kind of sexuality in those years. lieves they are being aggressively re- tial? Can’t we have somebody that They need to be left alone to find their cruited to heterosexuality. What would hasn’t been obsessed with sexuality, way, to study academically, to go out- please and satisfy Kevin Jennings if but someone who has been obsessed side at recess and play sports, and get ‘‘Romeo and Juliet’’ are anathema to with the well-being of our children on to make friends and build an under- his beliefs? the whole? Yes, we should. And the standing of parental, adult and teacher This goes on. But the lifetime career kids in this country do not have the guidance. They don’t need to be bur- of 20 years and the totality of his pro- ability to discern on a judgment call dened with the idea of trying to queer fessional engagement has been the pro- when you have an activist like Kevin elementary education, to quote the motion of homosexuality, much of it Jennings as the czar of safe and drug- title of the book that Kevin Jennings within our schools, and much of it that free schools. And those kids trust the has written the foreword to. And by the was within our schools was focused on adults that put people in positions of way, on the back cover is William elementary education. And some of the authority and power; they only discern Ayers’ comments on the value of that pamphlets that they handed out, one that adults have made the decision to book, ‘‘Queering Elementary Edu- called ‘‘Little Black Book,’’ at Brook- approve Kevin Jennings. cation.’’ This is Kevin Jennings. line schools in Massachusetts was re- The President of the United States Now, we can continue with Kevin ferred to by then-Governor Romney as needs to fire Kevin Jennings and put Jennings, the hostility towards reli- something that should never fall in the someone in place who is an example for gion that he has demonstrated clearly. hands of school kids. This man would parents and children or else eliminate He has written about it in his book, be a czar of ‘‘Safe and Drug-Free the position entirely, Mr. Speaker. ‘‘Mama’s Boy, Preacher’s Son.’’ He has Schools.’’ And now I have vented myself on written cavalierly about his own drug And when I asked one of the top prin- that particular issue. I continue on- abuse. And rather than put that into cipals in the United States of America ward. And in my pocket, as I will carry the CONGRESSIONAL RECORD, Mr. Speak- with the medal commemorating his for a long time until we get to the bot- er, I will just say that if students read achievement hanging around his neck tom of this, Mr. Speaker, is, out of one

VerDate Nov 24 2008 03:58 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.120 H20OCPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE October 20, 2009 CONGRESSIONAL RECORD — HOUSE H11511 of the trees right here outside the in Baltimore, to start out—the film is [From the Washington Times, Oct. 20, 2009] United States Capitol, another acorn. in sequential order—then Washington, JUSTICE CONCLUDES BLACK VOTERS NEED Now, never fear, Parliamentarian, I’m D.C.; then Brooklyn, New York; then DEMOCRATIC PARTY not going to ask to introduce this San Bernardino, California; then San (By Ben Conery) acorn into the RECORD. I just point out Diego, California. KINSTON, N.C.—Voters in this small city that this is something that America decided overwhelmingly last year to do away All of that unfolded, and what we saw needs to be focused upon. with the party affiliation of candidates in The ACORN organization and their inside the doors of ACORN was essen- local elections, but the Obama administra- 361 affiliates, headquartered at 2609 tially the same thing. We saw the face tion recently overruled the electorate and Canal Street in New Orleans, Lou- of a criminal enterprise that was set up decided that equal rights for black voters isiana, originating in Arkansas and to draw down tax dollars of all kinds, cannot be achieved without the Democratic Party. having powerful influence in cities primarily Federal tax dollars, in a cor- rupt criminal enterprise to help facili- The Justice Department’s ruling, which af- such as Chicago, Philadelphia, New fects races for City Council and mayor, went York—Brooklyn, for example—Balti- tate child prostitution and gaming the so far as to say partisan elections are needed more, Washington, D.C., San Diego— IRS for child tax credits, for—I didn’t so that black voters can elect their ‘‘can- name your city, 120 cities in the United hear him say first-time homeowners didates of choice’’—identified by the depart- States, ACORN has a presence; ACORN, credit, but I did hear them say earned ment as those who are Democrats and al- the Association of Community Organi- income tax credit. most exclusively black. The department ruled that white voters in zations for Reform Now. And these are And so the taxpayers of America are Kinston will vote for blacks only if they are the people that started out advocating writing checks that are being brokered Democrats and that therefore the city can- for bad loans in bad neighborhoods by ACORN in any way that they pos- not get rid of party affiliations for local elec- under the Community Reinvestment sibly can, passing that through into tions because that would violate black vot- Act, shaking down lenders and intimi- the hands of the individuals who are ers’ right to elect the candidates they want. dating lenders to make those bad loans the beneficiaries of government lar- Several federal and local politicians would like the city to challenge the decision in in bad neighborhoods; the people that gesse. And the administration of it is came to the Capitol building and lob- court. They say voter apathy is the largest that it’s ACORN that takes a cut out of barrier to black voters’ election of can- bied to reduce and lower the standards the dollars that go through. didates they prefer and that the Justice De- of underwriting for a secondary mort- Five cities we saw the film. I believe, partment has gone too far in trying to influ- gage market for Fannie Mae and ence election results here. Freddie Mac, lowered their capitaliza- tomorrow, we will see the sixth city, Stephen LaRoque, a former Republican tion, their regulatory standards so that the film from the sixth city. And I be- state lawmaker who led the drive to end par- they could push these lenders into lieve that there are more beyond that tisan local elections, called the Justice De- making more bad loans in bad neigh- yet, Mr. Speaker. partment’s decision ‘‘racial as well as par- tisan.’’ borhoods. And so this country has got to clean ‘‘On top of that, you have an unelected bu- They criticized lenders for red-lining this up. We have an ACORN that has reaucrat in Washington, D.C., overturning a neighborhoods and refusing to loan corrupted the home mortgage loan valid election,’’ he said. ‘‘That is un-Amer- into these neighborhoods that they had process. They have demanded and ma- ican.’’ a red line drawn around. And then they neuvered for bad loans in bad neighbor- The decision, made by the same Justice of- had the audacity—that’s the Presi- hoods. They have precipitated the de- ficial who ordered the dismissal of a voting dent’s word, isn’t it, Mr. Speaker? cline, and the toxic mortgage compo- rights case against members of the New Black Panther Party in Philadelphia, has ir- Then ACORN had the audacity to go nent of this economic decline very back to these lenders, shake them ritated other locals as well. They bristle at much traces back to ACORN. federal interference in this city of nearly down, demand a check so that they ACORN has admitted to over 400,000 23,000 people, two-thirds of whom are black. would move their demonstrations away In interviews in sleepy downtown from the doors of the banks so people fraudulent or false voter registration Kinston—a place best known as a road sign would come in and do business. Once forms turned in in the last election on the way to the Carolina beaches—resi- they were paid off, they left, but then cycle. They have denied that that dents said partisan voting is largely unim- they came back with another ruse, turns into fraudulent votes, Mr. Speak- portant because people are personally ac- which is, you need to make more bad er. Now, why would anyone spend mil- quainted with their elected officials and are familiar with their views. loans in these bad neighborhoods— lions of dollars to register hundreds of thousands of fraudulent voters and at ‘‘To begin with, ‘nonpartisan elections’ is a that’s the shorthand version. They misconceived and deceiving statement be- didn’t use that language, I’m sure. the same time argue, well, we paid for cause even though no party affiliation shows And ACORN got to the point where all of that—on commission, by the up on a ballot form, candidates still adhere they drew their own red line. Instead of way, so many registrations per pay to certain ideologies and people understand the lenders drawing a red line around day—but we didn’t get anything out of that, and are going to identify with who they areas and communities and refusing to it because these 400,000 were fraudulent feel has their best interest at heart,’’ said make loans, ACORN drew a red line or false, so don’t worry, nobody voted William Cooke, president of the Kinston/ around areas and communities and de- illegally? Not true. It is unconceivable, Lenoir County branch of the National Asso- ciation for the Advancement of Colored Peo- manded that the lenders make loans Mr. Speaker. And I have made that ar- ple. into that area, and they demanded spe- gument for months, but here and a cou- Mr. Cooke said his group does not take a cific dollar amounts of loans on real es- ple of weeks ago the story hit the news position on this issue and would not disclose tate, in particular, going into those about Troy, New York, bringing pros- his personal stance, but expressed skepticism areas. And so then they positioned ecutions against ACORN because of about the Justice Department’s involve- themselves to actually broker the dozens of fraudulent votes that were ment. loans. introduced in Troy, New York, and the Others noted the absurdity of partisan And ACORN Housing opened up, and elections since Kinston is essentially a one- ones that I read about were absentee party city anyway; no one among more than people walked into those doors like ballots. a half-dozen city officials and local residents Hannah Giles and James O’Keefe. They So we have the convictions of 70 was able to recall a Republican winning of- walked in with a video camera, and ACORN employees. We have ACORN fice here. there they posed themselves as a pimp Justice Department spokesman Alejandro and a prostitute and said that they under indictment in the State of Ne- Miyar denied that the decision was intended wanted to borrow some money to buy a vada as a corporation to be in violation to help the Democratic Party. He said the home so they could set up a house of ill of the election laws in Nevada, and 361 ruling was based on ‘‘what the facts are in a repute to put teenage girls in as pros- affiliates. All of this we’ve got to get to particular jurisdiction’’ and how it affects the bottom of, Mr. Speaker. blacks’ ability to elect the candidates they titutes, 13-, 14-, 15-year-old girls from favor. El Salvador, obviously illegal kids, in a I do appreciate your attention and ‘‘The determination of who is a ‘candidate sex slave arrangement being organized your indulgence, and I yield back the of choice’ for any group of voters in a given and facilitated by workers at ACORN balance of my time. jurisdiction is based on an analysis of the

VerDate Nov 24 2008 05:26 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.122 H20OCPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE H11512 CONGRESSIONAL RECORD — HOUSE October 20, 2009 electoral behavior of those voters within a must be ‘‘viewed as a minority for analytical The Justice ruling and Kinston’s decision particular jurisdiction,’’ he said. purposes,’’ and that ‘‘minority turnout is rel- not to fight it comes in the wake of a key Critics on the U.S. Commission on Civil evant’’ to determining whether the Justice Voting Rights Act case last year. In that de- Rights are not so sure. ‘‘The Voting Rights Department should be allowed a change to cision, the Supreme Court let a small utility Act is supposed to protect against situations election protocol. district in Texas seek an exemption from the when black voters are locked out because of Black voters account for 9,702 of the city’s law’s requirements to receive Justice De- racism,’’ said Abigail Thernstrom, a Repub- 15,402 registered voters but typically don’t partment approval before making any lican appointee to the U.S. Commission on vote at the rates whites do. changes to voting procedures. But the court Civil Rights. ‘‘There is no entitlement to As a result of the low turnout, Ms. King declined to address whether the law itself is elect a candidate they prefer on the assump- wrote, ‘‘black voters have had limited suc- constitutional. tion that all black voters prefer Democratic cess in electing candidates of choice during Critics of the law argue it has changed lit- candidates.’’ recent municipal elections.’’ tle since its 1965 inception and that the same Located about 60 miles from the Atlantic ‘‘It is the partisan makeup of the general places the law covered then no longer need Coast in eastern North Carolina, Kinston has electorate that results in enough white Justice Department approval to make a history of defying governmental authority. cross-over to allow the black community to changes to voting procedures. During Colonial times, the fledgling city was elect a candidate of choice,’’ she wrote. Proponents, including Attorney General known as Kingston—named for King George Mrs. Thernstrom of the civil rights com- Eric H. Holder Jr., said the law is still nec- III—but residents dropped the ‘‘g’’ from the mission blasted the department’s interpreta- essary to ensure equal voting rights for all city’s name after the American Revolution. tion of the law. Americans. In Kinston’s heyday of manufacturing and ‘‘The Voting Rights Act is not supposed to In Kinston, William Barker is the only tobacco farming, it was a bustling collection be compensating for failure of show up on City Council member who voted to continue of shops, movie theaters and restaurants. Election Day,’’ she said. ‘‘The Voting Rights discussing whether to challenge the Justice Now, many of those buildings are vacant—a Act doesn’t guarantee an opportunity to Department’s ruling. few have been filled by storefront churches— elect a ‘candidate of choice.’ . . . My ‘can- He said he voted against eliminating par- and residents are left hoping for better days. didate of choice’ loses all the time in an elec- tisan elections because the proposed new sys- In November’s election—one in which tion.’’ tem would declare a winner simply on who ‘‘hope’’ emerged as a central theme—the city When asked whether Justice had ever ‘‘ei- received a plurality of votes instead requir- had uncommonly high voter turnout, with ther granted or denied’’ requests either ‘‘to ing candidates to reach certain threshold of more than 11,000 of the city’s 15,000 voters stop partisan elections or implement par- votes based on turnout. casting ballots. Kinston’s blacks voted in tisan elections,’’ Mr. Miyar, the department ‘‘Based on the fact that the voters voted greater numbers than whites. spokesman, said it was impossible to re- overwhelmingly for it, I would like to see us Whites typically cast the majority of votes trieve past decisions on that basis. challenge it based on that fact. My fight is in Kinston’s general elections. Kinston resi- But he did provide, based on the recollec- solely based on fighting what the voters dents contributed to Barack Obama’s victory tion of a department lawyer, a single prece- voted on,’’ he said. ‘‘It bothers me, even as America’s first black president and voted dent—a decision during the Clinton adminis- though I’m on the winning side now, that by a margin of nearly 2-to-1 to eliminate par- tration denying a bid from a South Carolina you have a small group, an outside group tisan elections in the city. school district to drop partisan elections. coming in and saying, ‘Your vote doesn’t The measure appeared to have broad sup- That decision employs similar reasoning matter.’ ’’ port among both white and black voters, as and language as the Kinston ruling: ‘‘Imple- it won a majority in seven of the city’s nine mentation of nonpartisan elections . . . ap- f black-majority voting precincts and both of pears likely to deprive black supported can- LEAVE OF ABSENCE its white-majority precincts. didates of meaningful partisan-based support But before nonpartisan elections could be and to exacerbate racial polarization be- By unanimous consent, leave of ab- implemented, the city had to get approval tween black and white voters.’’ sence was granted to: from the Justice Department. But the 1994 decision doesn’t mention the Mr. CARTER (at the request of Mr. Kinston is one of the areas subject to pro- necessity of the Democratic Party and BOEHNER) for today on account of ill- visions of the landmark 1965 Voting Rights doesn’t mention low turnout among black ness. Act, which requires the city to receive Jus- voters in that school district as a factor af- Mr. SHADEGG (at the request of Mr. tice Department approval before making any fecting their ability to elect candidates they changes to voting procedures. Kinston is one prefer. BOEHNER) for today and the balance of of 12,000 voting districts in areas of 16 states, Kinston City Council member Joseph the week on account of a death in the almost exclusively in the South, that the Tyson, a Democrat who favors partisan elec- family. Voting Rights Act declared to have had a tions, said nothing is stopping black voters Mr. WALDEN (at the request of Mr. history of racial discrimination. in Kinston from going to the polls. BOEHNER) for today on account of ill- In a letter dated Aug. 17, the city received ‘‘Unfortunately, I’m very disappointed ness. with the apathy that we have in Kinston the Justice Department’s answer: Elections Mr. YOUNG of Alaska (at the request must remain partisan because the change’s among the Afro-American voters,’’ he said. of Mr. BOEHNER) for today and the bal- ‘‘effect will be strictly racial.’’ Mr. Tyson, who is one of two black mem- ‘‘Removing the partisan cue in municipal bers of the six-member City Council, said the ance of the week on account of attend- election will, in all likelihood, eliminate the best way to help black voters in Kinston is ing a memorial service in Alaska for single factor that allows black candidates to to change the council’s structure from city- his late wife. be elected to office,’’ Loretta King, who (at wide voting to representation by district. f the time) was the acting head of the Justice Kinston voters currently cast as many votes Department’s civil rights division, wrote in a in the at-large races as there are council SPECIAL ORDERS GRANTED letter to the city. seats up for election—typically three, or two By unanimous consent, permission to Ms. King wrote that voters in Kinston vote and the mayor. address the House, following the legis- more along racial than party lines and with- ‘‘Whether it’s partisan or nonpartisan is out the potential for voting a straight Demo- not a big issue to me, whether or not the city lative program and any special orders cratic ticket, ‘‘the limited remaining sup- is totally represented is what the issue is to heretofore entered, was granted to: port from white voters for a black Demo- me,’’ he said. ‘‘If you have wards and dis- (The following Members (at the re- cratic candidate will diminish even more.’’ tricts, then I feel the total city will be rep- quest of Mr. QUIGLEY) to revise and ex- Ms. King is the same official who put a resented.’’ tend their remarks and include extra- stop to the New Black Panther Party case. Partisan local elections are a rarity in neous material:) North Carolina. According to statistics kept In that case, the Justice Department filed a Ms. WOOLSEY, for 5 minutes, today. civil complaint in Philadelphia after two by the University of North Carolina School Mr. DEFAZIO, for 5 minutes, today. members of the black revolutionary group of Government in Chapel Hill, only nine of dressed in quasi-military garb stood outside the state’s 551 cities and towns hold partisan Mr. MURPHY of Connecticut, for 5 a polling place on election day last year and elections. minutes, today. purportedly intimidated voters with racial The City Council could take the Justice Mr. STUPAK, for 5 minutes, today. insults, slurs and a nightstick. Department to court to fight decision re- Mr. GRAYSON, for 5 minutes, today. After a judge ordered default judgments garding nonpartisan elections, but such a Ms. KAPTUR, for 5 minutes, today. against the Panthers, who refused to answer move seems unlikely. The council voted 4–1 (The following Members (at the re- the charges or appear in court, the Justice to drop the issue after meeting privately quest of Mr. JONES) to revise and ex- Department dropped the charges against all with Justice Department officials in August. but one of the defendants, saying ‘‘the facts ‘‘What do I plan to do? Absolutely, noth- tend their remarks and include extra- and the law did not support pursuing’’ them. ing,’’ Mr. Tyson said. ‘‘And I will fight, with- neous material:) Ms. King’s letter in the Kinston case states in Robert’s Rules of Order, wherever nec- Mr. POE of Texas, for 5 minutes, Oc- that because of the low turnout black voters essary to make sure that decision stands.’’ tober 23, 26 and 27.

VerDate Nov 24 2008 05:26 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\A20OC7.027 H20OCPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE October 20, 2009 CONGRESSIONAL RECORD — HOUSE H11513 Mr. JONES, for 5 minutes, October 23, ana; Extended Permit Terms for Renewal of port license pursuant to section 36(c) of the 26 and 27. Federally Enforceable State Operating Per- Arms Export Control Act; to the Committee Mr. BURTON of Indiana, for 5 minutes, mits [EPA-R05-OAR-2008-0031; FRL-8963-4] re- on Foreign Affairs. 4175. A letter from the Assistant Secretary, October 23. ceived October 1, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Energy and Legislative Affairs, Department of State, Mr. POSEY, for 5 minutes, today and Commerce. transmitting Transmittal No. DDTC 106-09, October 22. 4165. A letter from the Director, Regu- certification of proposed issuance of an ex- Mr. INGLIS, for 5 minutes, today. latory Management Division, Environmental port license pursuant to section 36(c) of the Mr. DEAL of Georgia, for 5 minutes, Protection Agency, transmitting the Agen- Arms Export Control Act; to the Committee October 21. cy’s final rule — Operating Permit Pro- on Foreign Affairs. Ms. ROS-LEHTINEN, for 5 minutes, Oc- grams; Flexible Air Permitting Rule [EPA- 4176. A letter from the Assistant Secretary, tober 26 and 27. HQ-OAR-2004-0087; FRL-8964-8] (RIN: 2060- Legislative Affairs, Department of State, AM45) received October 1, 2009, pursuant to 5 transmitting Transmittal No. DDTC 026-09, Mr. BURGESS, for 5 minutes, today. U.S.C. 801(a)(1)(A); to the Committee on En- certification of proposed issuance of an ex- Mr. MORAN of Kansas, for 5 minutes, ergy and Commerce. port license pursuant to section 36(c) of the October 23, 26 and 27. 4166. A letter from the Director, Regu- Arms Export Control Act; to the Committee Mr. MCHENRY, for 5 minutes, today, latory Management Division, Environmental on Foreign Affairs. October 21, 22 and 23. Protection Agency, transmitting the Agen- 4177. A letter from the Assistant Secretary, cy’s final rule — Standards of Performance Legislative Affairs, Department of State, f for Coal Preparation and Processing Plants transmitting Transmittal No. DDTC 116-09, ENROLLED BILL SIGNED [EPA-HQ-OAR-2008-0260; FRL-8965-3] (RIN: certification of proposed issuance of an ex- 2060-AO57) received October 1, 2009, pursuant port license pursuant to section 36(c) of the Lorraine C. Miller, Clerk of the to 5 U.S.C. 801(a)(1)(A); to the Committee on Arms Export Control Act; to the Committee House, reported and found truly en- Energy and Commerce. on Foreign Affairs. rolled a bill of the House of the fol- 4167. A letter from the Assistant Secretary, 4178. A letter from the Assistant Secretary, lowing title, which was thereupon Legislative Affairs, Department of State, Legislative Affairs, Department of State, signed by the Speaker: transmitting Transmittal No. DDTC 102-09, transmitting Transmittal No. DDTC 096-09, certification of a proposed manufacturing li- certification of proposed issuance of an ex- H.R. 3183. An act making appropriations cense agreement for the manufacture of sig- port license pursuant to section 36(d) of the for energy and water development and re- nificant military equipment abroad, pursu- Arms Export Control Act; to the Committee lated agencies for the fiscal year ending Sep- ant to section 36(c) and 36(d) of the Arms Ex- on Foreign Affairs. tember 30, 2010, and for other purposes. port Control Act; to the Committee on For- 4179. A letter from the Assistant Secretary, f eign Affairs. Legislative Affairs, Department of State, 4168. A letter from the Assistant Secretary, transmitting Transmittal No. DDTC 114-09, ADJOURNMENT Legislative Affairs, Department of State, certification of proposed issuance of an ex- Mr. KING of Iowa. Mr. Speaker, I transmitting Transmittal No. DDTC 097-09, port license pursuant to section 36(c) and move that the House do now adjourn. certification of a proposed technical assist- 36(d) of the Arms Export Control Act; to the ance agreement for the export of technical Committee on Foreign Affairs. The motion was agreed to; accord- data, defense services, and defense articles, 4180. A letter from the Acting Associate ingly (at 11 o’clock and 48 minutes pursuant to section 36(c) of the Arms Export General Counsel for General Law, Depart- p.m.), the House adjourned until to- Control Act; to the Committee on Foreign ment of Homeland Security, transmitting re- morrow, Wednesday, October 21, 2009, Affairs. port pursuant to the Federal Vacancies Re- at 10 a.m. 4169. A letter from the Assistant Secretary, form Act of 1998; to the Committee on Over- Legislative Affairs, Department of State, sight and Government Reform. f transmitting Transmittal No. DDTC 070-09, 4181. A letter from the Acting Associate EXECUTIVE COMMUNICATIONS, certification of a proposed agreement for the General Counsel for General Law, Depart- ment of Homeland Security, transmitting a ETC. export of defense services or defense articles, pursuant to section 36(c) of the Arms Export report pursuant to the Federal Vacancies Re- Under clause 2 of Rule XXIV, execu- Control Act; to the Committee on Foreign form Act of 1998; to the Committee on Over- tive communications were taken from Affairs. sight and Government Reform. the Speaker’s table and referred as fol- 4170. A letter from the Assistant Secretary, 4182. A letter from the Acting Associate lows: Legislative Affairs, Department of State, General Counsel for General Law, Depart- transmitting Transmittal No. DDTC 079-09, ment of Homeland Security, transmitting a 4160. A letter from the Director, Regu- certification of a proposed amendment to a report pursuant to the Federal Vacancies Re- latory Management Division, Environmental manufacturing license agreement for the form Act of 1998; to the Committee on Over- Protection Agency, transmitting the Agen- manufacture of significant military equip- sight and Government Reform. cy’s final rule — C10-C18-Alkyl dimethyl ment abroad, pursuant to section 36(d) of the 4183. A letter from the Solicitor, Federal amine oxides; Exemption from the Require- Arms Export Control Act; to the Committee Labor Relations Authority, transmitting a ment of a Tolerance [EPA-HQ-OPP-2009-0690; on Foreign Affairs. report pursuant to the Federal Vacancies Re- FRL-8437-3] received October 1, 2009, pursu- 4171. A letter from the Assistant Secretary, form Act of 1998; to the Committee on Over- ant to 5 U.S.C. 801(a)(1)(A); to the Committee Legislative Affairs, Department of State, sight and Government Reform. on Agriculture. transmitting Transmittal No. DDTC 101-09, 4184. A letter from the Chief Administra- 4161. A letter from the Director, Regu- certification of a proposed manufacturing li- tive Officer, transmitting the quarterly re- latory Management Division, Environmental cense agreement for the manufacture of sig- port of receipts and expenditures of appro- Protection Agency, transmitting the Agen- nificant military equipment abroad, pursu- priations and other funds for the period July cy’s final rule — Pyraclostrobin; Pesticide ant to section 36(c) and 36(d) of the Arms Ex- 1, 2009 through September 30, 2009 as com- Tolerances [EPA-HQ-OPP-2008-0713; FRL- port Control Act; to the Committee on For- piled by the Chief Administrative Officer, 8793-2] received October 1, 2009, pursuant to 5 eign Affairs. pursuant to 2 U.S.C. 104a Public Law 88-454; U.S.C. 801(a)(1)(A); to the Committee on Ag- 4172. A letter from the Assistant Secretary, (H. Doc. No. 111—68); to the Committee on riculture. Legislative Affairs, Department of State, House Administration and ordered to be 4162. A letter from the Director, Office of transmitting Transmittal No. DDTC 126-09, printed. National Drug Control Policy, transmitting certification of a proposed amendment to a 4185. A letter from the Assistant Attorney a letter on how the office will obligate the manufacturing license agreement for the General, Department of Justice, transmit- Fiscal Year (FY) 2009 HIDTA discretionary manufacture of significant military equip- ting first annual report entitled, funds; to the Committee on Appropriations. ment abroad, pursuant to section 36(c) and ‘‘Prioritizing Resources and Organization for 4163. A letter from the Assistant Secretary, 36(d) of the Arms Export Control Act; to the Intellectual Property Act of 2008’’, pursuant Department of the Navy, transmitting a let- Committee on Foreign Affairs. to Public Law 110-403; to the Committee on ter notifying Congress of a performance deci- 4173. A letter from the Assistant Secretary, the Judiciary. sion by the Department of the Navy to con- Legislative Affairs, Department of State, 4186. A letter from the Attorney-Advisor, vert to contract the training and administra- transmitting Transmittal No. DDTC 107-09, Department of Homeland Security, transmit- tive support functions performed by 78 mili- certification of proposed issuance of an ex- ting the Department’s final rule — Draw- tary personnel at various locations; to the port license pursuant to section 36(c) of the bridge Operaton Regulations; Raritan River, Committee on Armed Services. Arms Export Control Act; to the Committee Arthur Kill and their tributaries, Staten Is- 4164. A letter from the Director, Regu- on Foreign Affairs. land, NY and Elizabeth, NJ [Docket No.: latory Management Division, Environmental 4174. A letter from the Assistant Secretary, USCG-2009-0202] (RIN: 1625-AA09) received Protection Agency, transmitting the Agen- Legislative Affairs, Department of State, October 6, 2009, pursuant to 5 U.S.C. cy’s final rule — Approval and Promulgation transmitting Transmittal No. DDTC 100-09, 801(a)(1)(A); to the Committee on Transpor- of Air Quality Implementation Plans; Indi- certification of proposed issuance of an ex- tation and Infrastructure.

VerDate Nov 24 2008 05:26 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\K20OC7.125 H20OCPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE H11514 CONGRESSIONAL RECORD — HOUSE October 20, 2009 4187. A letter from the Attorney-Advisor, in the jurisdiction of the committee con- number of persons in each State, and to pro- Department of Homeland Security, transmit- cerned. vide that no information regarding United ting the Department’s final rule — Safety By Mr. CONYERS (for himself, Mr. States citizenship or immigration status Zone; Parker US Open Nationals; Parker, AZ NADLER of New York, Mr. SCOTT of may be elicited in any such census; to the [Docket No.: USCG-2009-0474] (RIN: 1625- Virginia, Mr. COHEN, Ms. JACKSON- Committee on Oversight and Government AA00) received October 6, 2009, pursuant to 5 LEE of Texas, and Mr. JOHNSON of Reform. U.S.C. 801(a)(1)(A); to the Committee on Georgia): By Ms. BERKLEY (for herself, Mr. Transportation and Infrastructure. H.R. 3846. A bill to amend the Foreign In- BURGESS, Mrs. DAVIS of California, 4188. A letter from the Attorney-Advisor, telligence Surveillance Act of 1978 to provide Mr. HIGGINS, Ms. LEE of California, Department of Homeland Security, transmit- additional civil liberties protections, and for Ms. KILPATRICK of Michigan, Ms. ting the Department’s final rule — Safety other purposes; to the Committee on the Ju- EDDIE BERNICE JOHNSON of Texas, Ms. Zone and Regulated Navigation Area, Chi- diciary, and in addition to the Committee on CORRINE BROWN of Florida, Mr. KLEIN cago Sanitary and Ship Canal, Romeoville, Intelligence (Permanent Select), for a period of Florida, Ms. LORETTA SANCHEZ of IL [Docket No.: USCG-2009-0884] (RIN: 1625- to be subsequently determined by the Speak- California, Ms. TITUS, Ms. TSONGAS, AA11) received October 6, 2009, pursuant to 5 er, in each case for consideration of such pro- Ms. DEGETTE, Mr. LEWIS of Georgia, U.S.C. 801(a)(1)(A); to the Committee on visions as fall within the jurisdiction of the Ms. WOOLSEY, Ms. MOORE of Wis- Transportation and Infrastructure. committee concerned. consin, Ms. SCHAKOWSKY, Mr. DON- 4189. A letter from the Attorney Advisor, By Mr. CONYERS: NELLY of Indiana, Ms. SCHWARTZ, Mr. Office of Regulations and Administrative H.R. 3847. A bill to provide appropriate au- DOGGETT, Ms. MATSUI, Ms. HIRONO, Law, Department of Homeland Security, thority to the Department of Justice Inspec- Mrs. NAPOLITANO, Mr. FARR, Mr. transmitting the Department’s final rule — tor General to investigate attorney mis- PASCRELL, Mr. CAPUANO, Mr. GENE Special Anchorage Areas; Henderson Harbor, conduct, and for other purposes; to the Com- GREEN of Texas, Ms. WATSON, Mr. NY [Docket No.: USGC-2009-0854] (RIN: 1625- mittee on Oversight and Government Re- KENNEDY, Mr. HARE, Mr. CLEAVER, AA01) received October 6, 2009, pursuant to 5 form. Mrs. HALVORSON, Ms. PINGREE of U.S.C. 801(a)(1)(A); to the Committee on By Mr. CONYERS: Maine, Ms. JACKSON-LEE of Texas, Transportation and Infrastructure. H.R. 3848. A bill to amend the Inspector Mr. SIRES, Mr. ORTIZ, Mr. DAVIS of Il- 4190. A letter from the Administrator, General Act of 1978 to provide authority for linois, Mr. NADLER of New York, Mr. FEMA, Department of Homeland Security, Inspectors General to subpoena former agen- MATHESON, Ms. BALDWIN, Mr. KAGEN, transmitting the Department’s report on the cy employees, agency contractors, and em- Ms. WASSERMAN SCHULTZ, Ms. HAR- Preliminary Damage Assessment informa- ployees of contractors for testimony, and for MAN, Ms. ESHOO, Mr. MCDERMOTT, Mr. tion on FEMA-1852-DR for the State of other purposes; to the Committee on Over- THOMPSON of California, Mr. COHEN, Maine; jointly to the Committees on Appro- sight and Government Reform. Ms. SHEA-PORTER, Mr. ENGEL, Mr. priations, Transportation and Infrastruc- By Mr. CONYERS: WEXLER, Ms. CASTOR of Florida, Mrs. ture, and Homeland Security. H.R. 3849. A bill to amend the National Se- CHRISTENSEN, Ms. RICHARDSON, Mr. 4191. A letter from the Administrator, curity Act of 1947 to require notice to Con- CROWLEY, Mr. WEINER, Mr. YARMUTH, FEMA, Department of Homeland Security, gress of certain declassifications of intel- Ms. MARKEY of Colorado, Mrs. transmitting the Department’s report on the ligence information, and for other purposes; MALONEY, Ms. FUDGE, Mr. PAYNE, Preliminary Damage Assessment informa- to the Committee on Intelligence (Perma- Mrs. LOWEY, Ms. ZOE LOFGREN of tion on FEMA-1853-DR for the State of Ne- nent Select). California, and Mr. BILIRAKIS): braska; jointly to the Committees on Appro- By Mr. KRATOVIL (for himself and Mr. H.R. 3856. A bill to amend the Public priations, Transportation and Infrastruc- BOUSTANY): Health Service Act to provide for ture, and Homeland Security. H.R. 3850. A bill to provide for the eradi- osteoporosis and related bone disease edu- cation and control of nutria in Maryland, cation, research, and surveillance, and for f Louisiana, and other coastal States; to the other purposes; to the Committee on Energy REPORTS OF COMMITTEES ON Committee on Natural Resources. and Commerce. PUBLIC BILLS AND RESOLUTIONS By Mr. GORDON of Tennessee (for him- By Mr. CONNOLLY of Virginia (for self, Mr. WAMP, Mrs. BONO MACK, and himself, Mr. WOLF, Ms. NORTON, and Under clause 2 of rule XIII, reports of Mr. KIND): Mr. REYES): committees were delivered to the Clerk H.R. 3851. A bill to direct the Secretary of H.R. 3857. A bill to amend subchapter III of for printing and reference to the proper Health and Human Services to publish phys- chapter 83 of title 5, United States Code, to calendar, as follows: ical activity guidelines for the general pub- make service performed as an employee of a lic, and for other purposes; to the Committee nonappropriated fund instrumentality after Mr. POLIS: Committee on Rules. House on Energy and Commerce. 1965 and before 1987 creditable for retirement Resolution 846. Resolution providing for con- By Mr. CUMMINGS (for himself, Mr. purposes; to the Committee on Oversight and sideration of the bill (H.R. 3585) to guide and CONNOLLY of Virginia, Mr. VAN Government Reform. provide for United States research, develop- HOLLEN, Mr. SARBANES, Mr. MORAN of By Ms. KAPTUR: ment, and demonstration of solar energy Virginia, Ms. EDWARDS of Maryland, H.R. 3858. A bill to amend the Federal Re- technologies, and for other purposes (Rept. Ms. NORTON, Mr. SCOTT of Virginia, serve Act to alter the terms and conditions 111–304). Referred to the House Calendar. Mr. HOYER, Mr. OBERSTAR, and Ms. applicable to members of the Board of Gov- Mr. WAXMAN: Committee on Energy and ernors of the Federal Reserve System, and EDDIE BERNICE JOHNSON of Texas): Commerce. H.R. 3792. A bill to amend title H.R. 3852. A bill to amend the Federal for other purposes; to the Committee on Fi- XXVI of the Public Health Service Act to re- Water Pollution Control Act to improve and nancial Services. vise and extend the program for providing reauthorize the Chesapeake Bay Program; to By Ms. KAPTUR: H.R. 3859. A bill to amend the Federal Elec- life-saving care for those with HIV/AIDS the Committee on Transportation and Infra- tion Campaign Act of 1971 to prohibit con- (Rept. 111–305). Referred to the Committee of structure. tributions and expenditures by multi- the Whole House on the State of the Union. By Ms. KOSMAS (for herself and Mr. candidate political committees controlled by POSEY): f foreign-owned corporations, and for other H.R. 3853. A bill to provide for the estab- purposes; to the Committee on House Admin- PUBLIC BILLS AND RESOLUTIONS lishment of Commercial Space Transpor- istration, and in addition to the Committee tation Cooperative Research and Develop- Under clause 2 of rule XII, public on the Judiciary, for a period to be subse- bills and resolutions of the following ment Centers of Excellence, and for other quently determined by the Speaker, in each titles were introduced and severally re- purposes; to the Committee on Science and case for consideration of such provisions as Technology. ferred, as follows: fall within the jurisdiction of the committee By Mr. SCHRADER (for himself, Ms. concerned. By Mr. CONYERS (for himself, Mr. ´ VELAZQUEZ, Mrs. HALVORSON, and By Mr. WATT: NADLER of New York, Mr. SCOTT of Mrs. KIRKPATRICK of Arizona): H.R. 3860. A bill to suspend temporarily the Virginia, Mr. COHEN, Ms. HARMAN, H.R. 3854. A bill to amend the Small Busi- duty on Propanenitrile, 3-[[4-[(sub- Ms. JACKSON-LEE of Texas, and Mr. ness Act and the Small Business Investment stituted)azo]phenyl] (substituted)amino]-; to JOHNSON of Georgia): Act of 1958 to improve programs providing the Committee on Ways and Means. H.R. 3845. A bill to extend and modify au- access to capital under such Acts, and for By Mr. WATT: thorities needed to combat terrorism and other purposes; to the Committee on Small H.R. 3861. A bill to suspend temporarily the protect civil liberties, and for other pur- Business. duty on 9,10-Anthracenedione, 1,1’-[(6-phenyl- poses; to the Committee on the Judiciary, By Mr. BACA: 1,3,5- triazine-2,4-diyl)diimino]bis[3-acetyl-4- and in addition to the Committees on Intel- H.R. 3855. A bill to amend title 13, United amino-; to the Committee on Ways and ligence (Permanent Select), and Financial States Code, to make clear that each decen- Means. Services, for a period to be subsequently de- nial census, as required for the apportion- By Mr. WATT: termined by the Speaker, in each case for ment of Representatives in Congress among H.R. 3862. A bill to suspend temporarily the consideration of such provisions as fall with- the several States, shall tabulate the total duty on Benz[cd]indolium, 1-ethyl-2-[1,2,3,4-

VerDate Nov 24 2008 05:03 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\L20OC7.000 H20OCPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE October 20, 2009 CONGRESSIONAL RECORD — HOUSE H11515 tetrahydro-1- (2-hydroxyethyl)-2,2,4- By Mr. WATT: held to determine the content of national trimethyl-6-quinolinyl]-,chloride; to the H.R. 3877. A bill to suspend temporarily the health care legislation be conducted in pub- Committee on Ways and Means. duty on 100 percent cotton dyed knit fabric; lic under the watchful eye of the people of By Mr. WATT: to the Committee on Ways and Means. the United States; to the Committee on H.R. 3863. A bill to suspend temporarily the By Mr. WATT: Rules. duty on Chromate(3-), bis[3-(hydroxy-kO)-4- H.R. 3878. A bill to suspend temporarily the By Mr. GRAVES (for himself, Mr. [[2- (hydroxy-kO)-1-naphthalenyl]azo-kN1]-7- duty on 9,10-Anthracenedione, 1-amino-2-[4- LUETKEMEYER, Mr. CLEAVER, Mrs. nitro-1-naphthalenesu fonato(3-)]-, tri- [(hexahydro-2-oxo-1H-azepin-1- EMERSON, Mr. SCHOCK, and Mr. sodium; to the Committee on Ways and yl)methyl]phenoxy]-4-hydroxy-; to the Com- BLUNT): Means. mittee on Ways and Means. H. Res. 848. A resolution expressing the By Mr. WATT: By Mr. WATT: sense of the House of Representatives that H.R. 3864. A bill to suspend temporarily the H.R. 3879. A bill to suspend temporarily the Congress should support repairing and reha- duty on (Alkylamino-hydroxyphenyl)azo- duty on 100 percent dyed cotton single knit bilitating United States national transpor- hydroxysubstituted benzene, substituted fabric; to the Committee on Ways and tation infrastructure, including bridges not [(hydroxy-naphthalenyl) hydroxybenzene], Means. located on a Federal-aid highway; to the chromium complex, sodium salt; to the Com- By Mr. WATT: Committee on Transportation and Infra- mittee on Ways and Means. H.R. 3880. A bill to suspend temporarily the structure. By Mr. WATT: duty on b-Alanine, N-[3-(acetylamino)-4-[(2,4- By Ms. KAPTUR: H.R. 3865. A bill to suspend temporarily the dinitrophenyl)azo]phenyl]-N-(3-methoxy-3- H. Res. 849. A resolution recognizing the duty on 1-Propanaminium, 3,3’-[(9,10- oxopropyl)-, methyl ester; to the Committee 16th anniversary of the Future Leaders Ex- dihydro-9,10-dioxo- 1,4- on Ways and Means. change (FLEX) program, a program funded anthracenediyl)diimino]bis[N,N,N-triethyl-, By Mr. WATT: by the Government of the United States to bis(ethyl sulfate); to the Committee on Ways H.R. 3881. A bill to suspend temporarily the provide an opportunity for high school stu- and Means. duty on 7H-Benzimidazo[2,1- dents from the countries of the former So- By Mr. WATT: a]benz[de]isoquinolin-7- one, 9(or 10)- viet Union to study and live in the United H.R. 3866. A bill to suspend temporarily the methoxy-; to the Committee on Ways and States in order to promote democratic val- duty on 1H-Pyrazole-3-carboxylic acid, 4-[[4- Means. ues and institutions in Eurasia, and sup- [[(2,3-dichloro- 6- By Mr. WATT: porting the mission, goals, and accomplish- quinoxalinyl)carbonyl]amino]-2- H.R. 3882. A bill to suspend temporarily the ments of the FLEX program; to the Com- sulfophenyl]azo]-4,5-dihydr -5-oxo-1-(4- duty on 1H-Indene-1,3(2H)-dione, 2-(4-bromo- mittee on Foreign Affairs. sulfophenyl)-, trisodium salt; to the Com- 3-hydroxy-2- quinolinyl)-; to the Committee By Ms. KAPTUR: mittee on Ways and Means. on Ways and Means. H. Res. 850. A resolution supporting the es- By Mr. WATT: By Mr. WATT: tablishment and full funding of a staff ex- H.R. 3867. A bill to suspend temporarily the H.R. 3883. A bill to suspend temporarily the change program between the House of Rep- duty on Cuprate(4-), [2-[[3-[[substituted]- duty on Ethanol, 2,2’-[[4-[(3,5-dinitro-2- resentatives and the Parliament of Ukraine, 1,3,5-triazin- 2-yl]amino]-2-hydroxy-5- thienyl)azo] phenyl]imino]bis-, diacetate the Verkhovna Rada, as soon as possible; to sulfophenyl](substituted)azo], sodium salt; (ester); to the Committee on Ways and the Committee on Foreign Affairs. to the Committee on Ways and Means. Means. By Ms. MATSUI: By Mr. WATT: By Mr. WATT: H. Res. 851. A resolution recognizing and H.R. 3884. A bill to suspend temporarily the H.R. 3868. A bill to suspend temporarily the honoring the 40th anniversary of SEARCH, duty on 9, 10-Anthracenedione, 1-amino-4-hy- duty on 9,10-Anthracenedione, 1,5(or 1,8)- The National Consortium for Justice Infor- droxy-2-phenoxy-; to the Committee on Ways diamino-2-bromo- 4,8(or 4,5)-dihydroxy-; to mation and Statistics, headquartered in Sac- and Means. the Committee on Ways and Means. ramento, California; to the Committee on By Ms. WATERS: By Mr. WATT: the Judiciary. H.R. 3869. A bill to suspend temporarily the H. Res. 844. A resolution honoring Dr. duty on Ethanol, 2,2’-[ [6,13-dichloro-3,10- Earnestine Thomas-Robertson for 31 years of f bis[[2- (sulfooxy)ethyl] service in Academia at Los Angeles South- ADDITIONAL SPONSORS amino]triphenodioxazinediyl]bis(sulfonyl)] west College (LASC), in the Los Angeles bis-, bis(hydrogen sulfate) (ester), potassium Community College District, the largest Under clause 7 of rule XII, sponsors sodium salt; to the Committee on Ways and community college district in the Nation; to were added to public bills and resolu- Means. the Committee on Education and Labor. tions as follows: By Mr. WATT: By Mr. NEUGEBAUER: H.R. 211: Mr. DELAHUNT. H.R. 3870. A bill to suspend temporarily the H. Res. 845. A resolution recognizing the H.R. 275: Mr. PASTOR of Arizona and Mr. duty on 9,10-Anthracenedione, 1,5-diamino- United States Air Force and Dyess Air Force ROGERS of Kentucky. 4,8-dihydroxy(4- hydroxyphenyl)-; to the Base for their success in achieving energy H.R. 333: Mr. JONES and Mr. CLEAVER. Committee on Ways and Means. savings and developing energy-saving inno- H.R. 422: Mr. WITTMAN, Mr. SOUDER, and By Mr. WATT: vations during Energy Awareness Month; to Ms. DEGETTE. H.R. 3871. A bill to suspend temporarily the the Committee on Armed Services. H.R. 460: Mr. BERMAN. duty on 2-Naphthalenesulfonic acid, 5-[[4- By Mr. BUCHANAN (for himself, Mr. H.R. 471: Mrs. DAHLKEMPER. (acetylamino)-2- LANCE, Mr. ROE of Tennessee, Mr. H.R. 482: Mr. FRANKS of Arizona. (trifluoromethyl)phenyl]azo]-6-amino-4-hy- LEE of New York, Mr. ROGERS of H.R. 503: Mr. ROSKAM and Mr. COFFMAN of droxy-, monosodium salt; to the Committee Michigan, Mr. BURTON of Indiana, Mr. Colorado. on Ways and Means. MCCARTHY of California, Mr. H.R. 504: Mr. BOUCHER. By Mr. WATT: BOOZMAN, Ms. ROS-LEHTINEN, Mr. H.R. 510: Mr. ARCURI and Mrs. KIRKPATRICK H.R. 3872. A bill to suspend temporarily the MACK, Mrs. BONO MACK, Mr. of Arizona. duty on Substituted cyan acetic acid pentyl CULBERSON, Mr. DUNCAN, Mr. LUCAS, H.R. 558: Mr. JOHNSON of Georgia. ester; to the Committee on Ways and Means. Mr. COLE, Mr. LATOURETTE, Mr. H.R. 571: Mr. BRADY of Pennsylvania, Mr. By Mr. WATT: GOHMERT, Mr. BUYER, Mr. WESTMORE- GUTHRIE, Mr. LANGEVIN, Mr. ALEXANDER, and H.R. 3873. A bill to suspend temporarily the LAND, Mr. MARIO DIAZ-BALART of Mr. CUMMINGS. duty on 2-Anthracenesulfonic acid, 1-amino- Florida, Mr. RYAN of Wisconsin, Mr. H.R. 616: Mr. POSEY. 9, 10-dihydro-4-[ [4-[[methyl[(4-methylphenyl) TURNER, Mr. CALVERT, Mr. GINGREY H.R. 635: Mr. FILNER. sulfony]amino]methyl]pheny] amino]-9, 10- of Georgia, Mr. CANTOR, Mr. H.R. 644: Ms. HIRONO. dioxo-, sodium salt (1:1); to the Committee WITTMAN, Mr. ISSA, Mr. KINGSTON, H.R. 678: Mr. ARCURI, Mr. MICHAUD, and Ms. on Ways and Means. Mr. BROWN of South Carolina, Mr. BERKLEY. By Mr. WATT: JONES, Mr. PAUL, Mr. LATTA, Ms. H.R. 739: Ms. JACKSON-LEE of Texas. H.R. 3874. A bill to suspend temporarily the FALLIN, Mr. BLUNT, Mrs. SCHMIDT, H.R. 745: Mr. LUETKEMEYER and Mr. duty on 2-Anilino-5-cyano-(3-(substituted)-6- Mr. HENSARLING, Mr. ROSKAM, Mr. MELANCON. (substituted))-4-methylpyridine; to the Com- JORDAN of Ohio, Mr. STEARNS, Mr. H.R. 776: Ms. LEE of California. mittee on Ways and Means. DREIER, Mr. SHUSTER, Mrs. EMERSON, H.R. 847: Ms. BALDWIN and Mr. ELLSWORTH. By Mr. WATT: Mr. CAMPBELL, Mr. SESSIONS, Mr. H.R. 855: Ms. ESHOO. H.R. 3875. A bill to suspend temporarily the YOUNG of Florida, Mr. PUTNAM, Mr. H.R. 932: Mr. HOLT and Mr. HOLDEN. duty on 100 percent cotton woven color wall WHITFIELD, Mr. PETRI, Mr. LAMBORN, H.R. 950: Mr. FRANK of Massachusetts and fabric, dyed; to the Committee on Ways and Mr. BOEHNER, Mr. HERGER, Mr. Ms. BALDWIN. Means. TERRY, Mr. CAMP, and Mr. HOEK- H.R. 953: Mr. ADERHOLT. By Mr. WATT: STRA): H.R. 988: Mr. BUTTERFIELD, Mr. ROTHMAN of H.R. 3876. A bill to suspend temporarily the H. Res. 847. A resolution expressing the New Jersey, Mr. SMITH of New Jersey, Mr. duty on 100 percent cotton narrow woven fab- sense of the House of Representatives that GARY G. MILLER of California, Mr. POSEY, ric; to the Committee on Ways and Means. any conference committee or other meetings Mr. KILDEE, Mr. MITCHELL, and Mr. HARE.

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H.R. 1017: Mr. RODRIGUEZ. H.R. 2490: Mr. CARSON of Indiana. H.R. 3723: Mr. SKELTON. H.R. 1019: Mr. FRANKS of Arizona. H.R. 2502: Mr. PATRICK J. MURPHY of Penn- H.R. 3724: Ms. LINDA T. SA´ NCHEZ of Cali- H.R. 1030: Mr. MCHENRY, Mr. DEFAZIO, Mr. sylvania, Mr. BOUCHER, Mr. GRIFFITH, Mr. fornia and Mr. GERLACH. CONNOLLY of Virginia, and Ms. DEGETTE. MURPHY of Connecticut, Mr. ORTIZ, Ms. H.R. 3728: Mr. MEEKS of New York, Mr. H.R. 1168: Mr. BUCHANAN. EDDIE BERNICE JOHNSON of Texas, Mr. GOR- TOWNS, Mr. RUSH, Ms. NORTON, Ms. CLARKE, H.R. 1175: Ms. MATSUI. DON of Tennessee, Mr. HILL, and Mr. SPACE. Ms. KILPATRICK of Michigan, Mr. FATTAH, H.R. 1177: Mr. ETHERIDGE. H.R. 2541: Mrs. BIGGERT. and Mr. CLEAVER. H.R. 1189: Ms. DEGETTE and Mr. SIRES. H.R. 2548: Mrs. CHRISTENSEN. H.R. 3731: Mr. HOLT, Mr. CARNAHAN, Mr. H.R. 1207: Mr. RUPPERSBERGER. H.R. 2567: Mrs. CAPPS. COSTELLO, and Mr. CARSON of Indiana. H.R. 1215: Mr. KENNEDY. H.R. 2573: Mr. CAO. H.R. 3734: Ms. LEE of California. H.R. 1245: Mrs. CHRISTENSEN. H.R. 2672: Mr. SKELTON and Mr. MCKEON. H.R. 3749: Mr. SPACE, Mr. PETERSON, and H.R. 1255: Ms. GINNY BROWN-WAITE of Flor- H.R. 2736: Mr. PRICE of North Carolina. Mrs. MILLER of Michigan. ida. H.R. 2753: Mr. SMITH of Nebraska. H.R. 3766: Ms. MOORE of Wisconsin and Mr. H.R. 1298: Ms. WOOLSEY, Mr. PAUL, Mr. H.R. 2777: Ms. BERKLEY. BRADY of Pennsylvania. H.R. 3772: Ms. MATSUI and Mr. FILNER. DUNCAN, Mr. LATOURETTE, Mr. ALEXANDER, H.R. 2807: Ms. DEGETTE, Mr. LANCE, and H.R. 3789: Mr. ISSA, Mr. BROWN of South and Mr. MITCHELL. Mr. ELLISON. Carolina, Mr. BONNER, Mr. BISHOP of Utah, H.R. 1324: Mr. TOWNS. H.R. 2866: Mr. GRAVES and Ms. ZOE Mr. AUSTRIA, Mr. LUETKEMEYER, Mr. POSEY, H.R. 1326: Mr. KENNEDY, Ms. DELAURO, and LOFGREN of California. Mr. WAMP, Mr. HUNTER, Mr. CHAFFETZ, Mr. Mr. CONNOLLY of Virginia. H.R. 2874: Mr. NYE and Mr. PERRIELLO. JORDAN of Ohio, Mr. MCCLINTOCK, Mr. CAMP- H.R. 1428: Mr. JONES. H.R. 2894: Ms. DEGETTE. BELL, Mr. KING of Iowa, Mr. COLE, Mr. HARP- H.R. 1458: Mr. SMITH of Washington. H.R. 2906: Mr. MURPHY of Connecticut and ER, Mr. DAVIS of Kentucky, Mrs. SCHMIDT, H.R. 1523: Mr. TIERNEY, Mr. KAGEN, and Ms. Mrs. NAPOLITANO. Mr. MARCHANT, Mrs. BIGGERT, Mr. KLINE of SPEIER. H.R. 2937: Mr. ROTHMAN of New Jersey. Minnesota, Mr. BROUN of Georgia, and Mrs. H.R. 1526: Mr. PETERSON and Mr. LATHAM. H.R. 2964: Ms. ROS-LEHTINEN. LUMMIS. H.R. 1549: Mrs. MCCARTHY of New York, Mr. H.R. 2995: Mr. KIND. H.R. 3790: Mr. POSEY, Mr. FRANK of Massa- RUPPERSBERGER, Mr. ROTHMAN of New Jer- H.R. 3010: Mrs. MCCARTHY of New York and chusetts, Mr. TURNER, Mr. BARROW, Ms. MAR- sey, Mr. ANDREWS, Ms. FUDGE, Mr. KILDEE, Mr. CONYERS. KEY of Colorado, and Mr. LOBIONDO. Ms. CHU, and Ms. WATERS. H.R. 3069: Mr. MICHAUD. H.R. 3791: Mr. KENNEDY, Mr. SNYDER, Mr. H.R. 1552: Mr. SKELTON. H.R. 3075: Mr. FILNER. COURTNEY, and Mr. PIERLUISI. H.R. 1677: Mr. COHEN, Mr. CARSON of Indi- H.R. 3100: Mr. SESTAK. H.R. 3792: Mr. MATHESON, Mr. AL GREEN of ana, Mr. CUELLAR, and Mr. MEEK of Florida. H.R. 3126: Ms. JACKSON-LEE of Texas. Texas, and Ms. HARMAN. H.R. 1681: Mr. LEVIN. H.R. 3202: Mr. YOUNG of Alaska and Mr. H.R. 3797: Mrs. BLACKBURN, Mr. LEE of New H.R. 1685: Mr. CARSON of Indiana, Mr. SABLAN. York, and Mr. JORDAN of Ohio. LACKBURN ERLACH DELAHUNT, and Mr. MICHAUD. H.R. 3226: Mrs. B , Mr. G , H.R. 3800: Mr. FILNER. H.R. 1690: Mr. PRICE of North Carolina. and Mr. OLSON. H.R. 3820: Mr. GORDON of Tennessee. H.R. 1719: Mr. LARSON of Connecticut. H.R. 3227: Mr. PETERS. H.R. 3837: Mr. BISHOP of New York, Mr. H.R. 1721: Mr. LATOURETTE. H.R. 3238: Mr. CAPUANO. CARNEY, Mrs. KIRKPATRICK of Arizona, and H.R. 1751: Mr. RUSH. H.R. 3245: Mr. BERMAN. Mr. REYES. H.R. 1766: Mrs. CHRISTENSEN. H.R. 3264: Mr. HOLDEN. H.J. Res. 11: Mr. FORBES, Mr. KING of Iowa, H.R. 1792: Ms. SHEA-PORTER. H.R. 3276: Mr. INSLEE. Mrs. EMERSON, and Mr. UPTON. H.R. 1835: Mr. LUJA´ N. H.R. 3286: Mr. KENNEDY, Mr. CAO, and Ms. H.J. Res. 47: Mr. ALEXANDER and Mr. H.R. 1846: Mr. RODRIGUEZ. WASSERMAN SCHULTZ. MINNICK. H.R. 1849: Mr. FRANKS of Arizona, Mr. WIL- H.R. 3328: Ms. WATERS and Mr. HOLT. H. Con. Res. 97: Mr. DELAHUNT. SON of Ohio, Mr. TAYLOR, Mr. BISHOP of New H.R. 3355: Mr. SHUSTER and Mr. COHEN. H. Con. Res. 161: Mrs. BACHMANN, Mr. York, Mr. MCMAHON, and Mrs. CHRISTENSEN. H.R. 3359: Ms. LEE of California and Mr. COFFMAN of Colorado, Ms. FALLIN, Mr. BART- H.R. 1908: Ms. FALLIN, Mr. GINGREY of KUCINICH. LETT, Mr. GINGREY of Georgia, Mrs. Georgia, and Mr. MARCHANT. H.R. 3365: Mr. TAYLOR, Ms. MARKEY of Col- BLACKBURN, Mr. HARPER, Mr. KLINE of Min- H.R. 1916: Mr. CHILDERS. orado, Mr. CARNEY, and Mr. CONNOLLY of Vir- nesota, Mr. COLE, Mr. FRANKS of Arizona, H.R. 1925: Mr. FATTAH. ginia. Mr. KING of Iowa, Mr. MCCLINTOCK, Mr. ROO- H.R. 1927: Mr. FARR. H.R. 3375: Mr. FRANKS of Arizona. NEY, Mr. HUNTER, Mr. WAMP, Mr. BILBRAY, H.R. 2002: Mr. CUMMINGS. H.R. 3421: Mr. DEFAZIO, Mr. BILBRAY, Mr. Mr. POSEY, Mr. LUETKEMEYER, Mr. BISHOP of H.R. 2017: Mr. BUCHANAN. HOLT, and Mr. REYES. Utah, Mr. CONAWAY, Mr. BROWN of South H.R. 2024: Mr. RYAN of Ohio. H.R. 3457: Ms. MARKEY of Colorado. Carolina, Mr. AKIN, and Mr. SAM JOHNSON of H.R. 2030: Mr. FRANK of Massachusetts. H.R. 3458: Mr. DOGGETT. Texas. H.R. 2046: Mr. BLUMENAUER, Mr. OLVER, H.R. 3463: Mr. NYE. H. Con. Res. 177: Mr. CALVERT and Mr. and Mr. GRIJALVA. H.R. 3485: Mr. MCGOVERN and Mr. HOLT. COHEN. H.R. 2057: Mr. CONAWAY and Mr. MILLER of H.R. 3545: Mr. DELAHUNT and Ms. SUTTON. H. Con. Res. 198: Mr. SULLIVAN. North Carolina. H.R. 3554: Mr. HODES, Mrs. KIRKPATRICK of H. Res. 22: Ms. SPEIER. H.R. 2084: Mr. LATOURETTE. Arizona, and Mr. ROSS. H. Res. 89: Mr. BERMAN and Mr. COURTNEY. H.R. 2106: Mr. DELAHUNT. H.R. 3560: Mr. GENE GREEN of Texas. H. Res. 159: Ms. HIRONO. H.R. 2107: Mr. DANIEL E. LUNGREN of Cali- H.R. 3564: Mr. JACKSON of Illinois. H. Res. 213: Mr. CUELLAR. fornia. H.R. 3569: Mr. CALVERT. H. Res. 236: Mr. MINNICK. H.R. 2109: Mr. GENE GREEN of Texas, Mr. H.R. 3586: Mr. DRIEHAUS and Mr. TERRY. H. Res. 255: Mr. ROTHMAN of New Jersey. SPRATT, Mr. BERMAN, Mr. HINCHEY, Ms. MAR- H.R. 3589: Ms. JACKSON-LEE of Texas, Mr. H. Res. 558: Ms. CLARKE. H. Res. 615: Mr. FORBES. KEY of Colorado, and Mrs. NAPOLITANO. HODES, Mr. BRALEY of Iowa, Mr. LARSON of H. Res. 619: Mr. MANZULLO. H.R. 2138: Mr. CLEAVER. Connecticut, Mr. DELAHUNT, and Mr. HIN- H. Res. 648: Mr. GRAYSON, Mr. REYES, Ms. H.R. 2177: Mr. BISHOP of Utah. CHEY. VELA´ ZQUEZ, and Ms. SHEA-PORTER. H.R. 2205: Mr. KENNEDY. H.R. 3596: Ms. SCHAKOWSKY, Mr. WELCH, Mr. H. Res. 656: Mr. WOLF and Mr. ROONEY. H.R. 2214: Mr. ROTHMAN of New Jersey. NADLER of New York, Mr. VAN HOLLEN, and H. Res. 660: Mr. CLYBURN. H.R. 2246: Mr. MCGOVERN. Mr. SHULER. H. Res. 672: Mr. PITTS, Mr. LAMBORN, and H.R. 2251: Mr. VAN HOLLEN. ICHARDSON H.R. 3602: Ms. R . Ms. CHU. H.R. 2254: Mr. BARROW, Ms. MARKEY of Col- H.R. 3611: Mr. CALVERT. H. Res. 699: Mr. BLUNT and Mr. MCKEON. orado, Mr. MEEKs of New York, Mr. UPTON, H.R. 3613: Mr. CONAWAY, Mr. ALEXANDER, H. Res. 700: Mr. MCGOVERN. and Mr. CLAY. Mr. MCCAUL, Ms. JENKINS, Mrs. BLACKBURN, H. Res. 704: Mr. HALL of Texas, Mr. ORTIZ, H.R. 2256: Mr. MARSHALL and Ms. BALDWIN. and Mr. BROWN of South Carolina. Mr. HUNTER, and Mr. HINCHEY. H.R. 2266: Mr. PASCRELL. H.R. 3633: Mr. WEINER and Mr. ROGERS of H. Res. 711: Mr. BLUNT, Mr. TIBERI, Mr. H.R. 2269: Mr. MOORE of Kansas and Mr. Michigan. MCGOVERN, Ms. MOORE of Wisconsin, Mr. JOHNSON of Georgia. H.R. 3636: Mr. SCHIFF. HOLT, Ms. KILROY, Mr. PATRICK J. MURPHY of H.R. 2329: Mr. MOORE of Kansas and Mr. H.R. 3644: Mr. CONNOLLY of Virginia. Pennsylvania, Mr. MILLER of North Carolina, SHUSTER. H.R. 3654: Mr. CAO. Ms. FOXX, and Mr. MCCAUL. H.R. 2339: Mr. ROTHMAN of New Jersey. H.R. 3677: Mr. SMITH of Texas. H. Res. 716: Mr. PERRIELLO. H.R. 2361: Mr. BILBRAY. H.R. 3683: Mr. BOEHNER, Mrs. MCMORRIS H. Res. 727: Mr. MCMAHON, Mr. KLINE of H.R. 2381: Mr. PAYNE and Mr. OLVER. RODGERS, and Mr. WESTMORELAND. Minnesota, and Mr. COHEN. H.R. 2452: Mr. POLIS, Mr. CONNOLLY of Vir- H.R. 3691: Mr. CASTLE. H. Res. 729: Mr. WITTMAN. ginia, Mr. GUTHRIE, and Mr. COBLE. H.R. 3700: Mr. PRICE of Georgia and Mr. H. Res. 736: Mr. GUTIERREZ, Mr. SHIMKUS, H.R. 2478: Mr. FORTENBERRY. HUNTER. Mr. LUETKEMEYER, Mr. CALVERT, Mr. SKEL- H.R. 2480: Mr. PIERLUISI, Ms. SCHAKOWSKY, H.R. 3712: Mr. CARNEY, Ms. JACKSON-LEE of TON, Mrs. LOWEY, Mr. DUNCAN, Mr. THOMPSON and Mr. MURTHA. Texas, and Mrs. LOWEY. of Pennsylvania, and Mrs. DAHLKEMPER.

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H. Res. 740: Mr. ADERHOLT. H. Res. 838: Mr. BROWN of South Carolina, Section Description of provision Requested by H. Res. 749: Mr. MANZULLO. Mr. LINCOLN DIAZ-BALART of Florida, Mr. H. Res. 752: Mr. BRALEY of Iowa. KENNEDY, Ms. ESHOO, Mr. ROTHMAN of New 1302 ...... Certificate of Docu- Thomas E. Petri H. Res. 756: Mr. REYES and Mrs. MCMORRIS mentation for St. Bart Stupak Jersey, Mr. JACKSON of Illinois, Ms. ROS- Mary’s Cement. RODGERS. LEHTINEN, Mr. COURTNEY, Mr. LANGEVIN, Mr. 1302 ...... Certificate of Docu- Don Young H. Res. 761: Mr. ENGEL. ROYCE, Ms. BERKLEY, Mr. MCGOVERN, Mr. mentation for Dry H. Res. 764: Ms. SPEIER. Dock #2. MCMAHON, Mrs. LOWEY, Mr. BLUNT, Mr. H. Res. 773: Mr. CONAWAY, Mr. ARCURI, Mr. WEXLER, Mr. MCCOTTER, Ms. LORETTA SMITH of New Jersey, Mr. CARNEY, and Mr. Furthermore, the manager’s amendment SANCHEZ of California, and Mr. CARNAHAN. COBLE. contains no limited tax benefits or limited H. Res. 840: Mr. CAO and Mr. SMITH of New H. Res. 780: Mr. CONYERS, Mr. WOLF, Mrs. tariff benefits as defined in clause 9(f) or 9(g) Jersey. CHRISTENSEN, Mr. MCDERMOTT, and Ms. of rule XXI. TITUS. H. Res. 783: Mr. PASTOR of Arizona, Ms. f f BORDALLO, and Mr. ROGERS of Michigan. DELETIONS OF SPONSORS FROM H. Res. 787: Mr. BARROW, Mr. PALLONE, and CONGRESSIONAL EARMARKS, LIM- PUBLIC BILLS AND RESOLUTIONS Mr. ACKERMAN. ITED TAX BENEFITS, OR LIM- H. Res. 796: Mr. WITTMAN. ITED TARIFF BENEFITS Under clause 7 of rule XII, sponsors H. Res. 797: Mr. CARNEY, Mr. SMITH of Under clause 9 of rule XXI, lists or were deleted from public bills and reso- Washington, Mr. EHLERS, Ms. BORDALLO, Ms. lutions as follows: JACKSON-LEE of Texas, Mr. GONZALEZ, Mr. statements on congressional earmarks, MASSA, Mr. COBLE, and Mrs. KIRKPATRICK of limited tax benefits, or limited tariff H.R. 874: Mr. SCHRADER. Arizona. benefits were submitted as follows: f H. Res. 801: Mr. FILNER, Ms. SCHAKOWSKY, The amendment to be offered by Rep- Mr. MARKEY of Massachusetts, Mr. MCGOV- DISCHARGE PETITIONS— resentative GORDON, or a designee, to H.R. ERN, and Mr. HONDA. ADDITIONS OR DELETIONS H. Res. 811: Mr. FOSTER. 3585, the Solar Technology Roadmap Act of H. Res. 817: Ms. CHU, Mr. FATTAH, Mrs. 2009, does not contain any congressional ear- The following Member added his NAPOLITANO, Mr. PETERSON, Mr. POSEY, Ms. marks, limited tax benefits, or limited tariff name to the following discharge peti- ROS-LEHTINEN, and Ms. SCHAKOWSKY. benefits as defined in clause 9 of rule XXI. tion: H. Res. 819: Mr. LEE of New York. The Amendment No. l to be offered by Mr. [Omitted from the Record of October 16, 2009] H. Res. 823: Mr. SCOTT of Georgia. OBERSTAR, of his designee, to H.R. 3619 con- H. Res. 831: Mr. THOMPSON of Pennsylvania, tains the following earmarks as defined in Petition 5 by Mrs. BLACKBURN on H.R. Mr. HOEKSTRA, Ms. BERKLEY, and Mr. CAO. clause 9(e) of rule XXI: 391: John A. Boehner.

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Vol. 155 WASHINGTON, TUESDAY, OCTOBER 20, 2009 No. 152 Senate The Senate met at 10 a.m. and was U.S. SENATE, The ACTING PRESIDENT pro tem- called to order by the Honorable RO- PRESIDENT PRO TEMPORE, pore. The clerk will call the roll. LAND W. BURRIS, a Senator from the Washington, DC, October 20, 2009. The legislative clerk proceeded to State of Illinois. To the Senate: call the roll. Under the provisions of rule I, paragraph 3, of the Standing Rules of the Senate, I hereby Mr. MCCONNELL. Mr. President, I ask PRAYER appoint the Honorable ROLAND W. BURRIS, a unanimous consent that the order for The Chaplain, Dr. Barry C. Black, of- Senator from the State of Illinois, to per- the quorum call be rescinded. fered the following prayer: form the duties of the Chair. The ACTING PRESIDENT pro tem- Let us pray. ROBERT C. BYRD, pore. Without objection, it is so or- Lord God Almighty, Maker of Heaven President pro tempore. dered. and Earth, we praise You that You Mr. BURRIS thereupon assumed the f chair as Acting President pro tempore. have not left us solely to our own re- RECOGNITION OF THE MINORITY sources. Instead, You promised to be f LEADER our strength, our ever-present help in RECOGNITION OF THE MAJORITY The ACTING PRESIDENT pro tem- time of trouble. LEADER Lord, our lawmakers need You dur- pore. The minority leader is recog- ing these challenging days. Guide them The ACTING PRESIDENT pro tem- nized. with Your wisdom, as Your loving pore. The majority leader is recog- f nized. providence prepares the road ahead. HEALTH CARE WEEK XIV, DAY II Give them the grace to be valiant pil- f Mr. MCCONNELL. Mr. President, over grims of life’s sometimes dreary and SCHEDULE dusty way. Teach them to toil and ask the past few months, I have delivered a not for reward save that of knowing Mr. REID. Mr. President, following series of floor speeches on the kinds of they do the things that please You. leader remarks, there will be a period commonsense reforms that Americans May the spur of conscience be the guid- of morning business for 90 minutes, were looking for but have not seen in ing star to lead them to the right deci- with Senators permitted to speak for 10 the ongoing debate over health care. In sions. Strengthen their will to always minutes each. The majority will con- particular, I have noted the glaring ab- choose that which is morally excellent trol the first 45 minutes and the Repub- sence of medical liability reform in the rather than what is politically expe- licans will control the second part of various Democratic plans that are dient. that. kicking around here on Capitol Hill. We pray in Your sacred Name. Amen. Following morning business, the Sen- My point has been simple: Through- ate will proceed to the consideration of out the debate, the administration has f the conference report to accompany been hauling out one group or another H.R. 2892, which is the Department of onto the White House lawn as a way of PLEDGE OF ALLEGIANCE Homeland Security Appropriations suggesting support for its health care The Honorable ROLAND W. BURRIS led Act. There will be 3 hours 15 minutes plans. We have seen doctors. We have the Pledge of Allegiance, as follows: for debate prior to a vote on the con- seen nurses. We have seen hospitals, I pledge allegiance to the Flag of the ference report. The Senate will recess State governments—you name it. But United States of America, and to the Repub- from 12:30 to 2:15 p.m. today for our one group you have not seen is the per- lic for which it stands, one nation under God, weekly caucus lunches. If all time is sonal injury lawyers who drive up the indivisible, with liberty and justice for all. used, the vote will occur around 4:30. cost of medicine and premiums for all However, some of the debate time may of us by filing wasteful lawsuits f be yielded back and we could vote ear- against doctors and hospitals all across lier than that. our country. APPOINTMENT OF ACTING We are still working on an agree- The connection between lawsuits and PRESIDENT PRO TEMPORE ment, the Republican leader and my- higher health care costs is obvious. Be- The PRESIDING OFFICER. The self, to consider the Medicare Physi- cause of the constant threat of these clerk will please read a communication cians Fairness Act. Senators will be suits, doctors are forced to order costly to the Senate from the President pro notified when any agreement is but unnecessary tests and procedures tempore (Mr. BYRD). reached. to protect themselves. The routine na- The legislative clerk read the fol- Mr. President, I suggest the absence ture of this so-called defensive medi- lowing letter: of a quorum. cine is one reason health care costs

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

S10533

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VerDate Nov 24 2008 00:03 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A20OC6.000 S20OCPT1 smartinez on DSKB9S0YB1PROD with SENATE S10534 CONGRESSIONAL RECORD — SENATE October 20, 2009 have skyrocketed over the past decade, lower costs. The question was not We are facing a crisis of employment and junk lawsuits are the primary rea- whether we should have included it. throughout this country. We are seeing son doctors today spend a fortune—a The only question was, Why would people who are exhausting their bene- fortune—on liability insurance even be- Democrats leave out such a common- fits. The need is now. The time is now. fore they open their doors for business. sense reform? We must act now. The prevalence of wasteful lawsuits Unfortunately, the answer is all too Hundreds of thousands of Americans is evidenced by the fact that Ameri- obvious. Here is how a former Demo- have already exhausted their unem- cans spend more on lawsuits than any cratic National Committee chairman ployment benefits, including 3,500 other country and more than twice as put it recently in a candid moment. Rhode Islanders. Unfortunately, this much as all but one other country—not This is what he had to say. ‘‘The reason number is growing every day. These because American doctors are somehow why tort reform is not in the bill is be- people are out of work, without an em- more negligent but because our law- cause the people who wrote it did not ployment check or paycheck, with jobs suits tend to be more wasteful. In fact, want to take on the trial lawyers in ad- remaining scarce. according to the New England Journal dition to everybody else they were tak- It is important to recognize how we of Medicine, 40 percent—40 percent—of ing on, and that is the plain and simple got here. A $236 billion Federal surplus liability suits in the United States are truth.’’ accumulated in the 1990s under Presi- entirely without merit, and even in That is Howard Dean, Dr. Howard dent Clinton and handed to President cases in which the plaintiff prevails, Dean, not Senate Republicans. Howard Bush evaporated in 2000 due to Presi- most of the compensation goes to Dean says the reason this obvious, dent Bush’s unsound and excessive tax someone other than the victim. commonsense reform was not included cuts which cost nearly $1.8 trillion and There should be no doubt that waste- in the Baucus bill is that the authors failed to spur sustainable economic ex- ful lawsuits are a major reason that of the bill did not want to face the pansion and were targeted to the rich- health care costs in this country are wrath of the lawyers. est Americans, not middle-income out of control and that we should do This is precisely why Americans are Americans. Indeed, most working something about it. concerned about government-driven Americans actually ended up less well We have seen the good results of health care. Commonsense decisions off as the median income for families medical liability reforms at the State become political decisions. And Ameri- fell by $2,000 from the year 2000 to the level. States that have adopted medical cans do not want politics interfering year 2007. Let me say that again. In the liability reform have witnessed pre- with their health care. Medical liabil- period of the Bush administration, miums for medical liability insurance ity reform should be in this bill. The with the huge tax cuts which he pro- fall dramatically. Recent reforms in fact that it is not only makes Ameri- posed as being the key to our economic Texas, for example, helped drive down cans more concerned about the impact recovery and our economic progress, insurance premiums for doctors by government-driven health care would incomes of middle-income Americans more than 25 percent. These savings have on their lives and on their care. fell, they didn’t rise. Incomes of the have allowed doctors in Texas to see Mr. President, I suggest the absence very richest Americans rose dramati- more clients and increase charity care. of a quorum. cally and continue to rise. Here was a commonsense reform that The ACTING PRESIDENT pro tem- In addition, the Bush administration surely everyone could agree on. Yet, pore. The clerk will call the roll. praised the doctrine of inadequate su- just like the other commonsense re- The legislative clerk proceeded to pervision of our financial markets, a forms Republicans have proposed as a call the roll. lack of adequate risk assessment by fi- way of fixing our existing health care Mr. REED. Mr. President, I ask unan- nancial institutions throughout not system, our advice was ignored. imous consent that the order for the only the United States but the world, The administration and Democratic quorum call be rescinded. and they combined that laissez-faire leaders in Congress were determined The ACTING PRESIDENT pro tem- attitude toward regulation of Wall from the outset to press ahead with a pore. Without objection, it is so or- Street with very costly and unfunded massive—a massive—expansion of gov- dered. wars in Iraq and Afghanistan. As a re- ernment rather than take step-by-step sult of these profligate policies, Presi- f reforms that the American people have dent Obama inherited a $1.3 trillion been asking for all along. We have seen RESERVATION OF LEADER TIME deficit upon taking office. This is on it in every Democratic proposal, in- The ACTING PRESIDENT pro tem- top of an unprecedented set of cir- cluding the recently finalized Baucus pore. Under the previous order, the cumstances facing our Nation both at plan. In the face of indisputable evi- leadership time is reserved. home and abroad—the virtual collapse dence that medical liability reforms f of the financial markets in September, would lower costs, the Baucus bill of- the ongoing wars in Iraq and Afghani- fers nothing more than lip service—a MORNING BUSINESS stan. With regard to Afghanistan, the sense of the Senate that ‘‘Congress The ACTING PRESIDENT pro tem- same inattention the Bush administra- should consider establishing a state pore. Under the previous order, the tion showed toward regulation they demonstration program.’’ Senate will proceed to a period of showed toward our efforts in Afghani- Well, we already have State dem- morning business for 90 minutes, with stan, and today we face a crisis of the onstration programs. We have them in Senators permitted to speak therein first order there. California, we have them in Indiana, for up to 10 minutes each, with the Today, we are in a serious situation. and we have them in Texas. They work, time equally divided and controlled be- Through decisive action, which I will and we ought to be doing that at the tween the two leaders or their des- credit began under President Bush last Federal level. ignees, with the majority controlling September but particularly carried out If Democrats were serious about get- the first half and the Republicans con- through the stimulus package, we are ting rid of junk lawsuits, I am sure trolling the second half. responding to this economic crisis. But they could have found room in the The Senator from Rhode Island. economists of all persuasions tell us we 1,500-page Baucus bill for it. Unfortu- f are in a very difficult and challenging nately, they did not. moment. Unlike the 1980s and prior Americans expected more than this. EXTENSION OF UNEMPLOYMENT economic downturns, they do not ex- At the outset of this debate, everyone INSURANCE BENEFITS pect a traditional V-shaped recovery— agreed that one of the primary reasons Mr. REED. Mr. President, I rise again a quick decline and then a fairly rapid for reform was the need to lower health to urge my colleagues, particularly my ascent to normal economic perform- care costs, and commonsense experi- colleagues on the Republican side, to ances. In fact, economists are pre- ence and the testimony of all the ex- put aside their amendments so we can dicting that job gains will not be mani- perts tells us unequivocally—unequivo- move immediately and pass an exten- fest until next year. It always seems to cally—that ending junk lawsuits sion of unemployment insurance bene- be the situation that employment against doctors and hospitals would fits. numbers lag behind other indicators,

VerDate Nov 24 2008 00:03 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.001 S20OCPT1 smartinez on DSKB9S0YB1PROD with SENATE October 20, 2009 CONGRESSIONAL RECORD — SENATE S10535 including economic growth and avail- lation has been scored by CBO and, work-share programs, which allow em- ability of credit, and this lag is par- again, it is fully offset. It is quite obvi- ployers to cut-back hours rather than ticularly challenging today because it ous it is fully offset. lay people off if the employer main- means people are out of work and un- Now my colleagues on the other side tains pension and health benefits. In fortunately may stay out of work into are delaying passage of this measure by turn, employees receive a propor- next summer and beyond. offering a range of amendments that tionate unemployment insurance ben- There have been some signs of recov- are not related to unemployment bene- efit for those hours reduced. It has ery. The last time the Dow hit 10,000 fits. It is my understanding that the been very effective in Rhode Island— was October 2008, and we recently have junior Senator from Nebraska is offer- averting nearly 5,000 layoffs in the first seen it headed up in crossing 10,000. It ing an amendment with respect to eight months of this year. is no longer in a meltdown, but we are ACORN funding. This amendment not I urge immediate consideration of far from a full, sustainable recovery. only has nothing to do with extending this extension, and I hope we can pass Wall Street is one indication, but it the benefits to jobless Americans, but it this week. is not the indication most Americans it has already been considered on sev- With that, I yield the floor. look to in terms of their own family’s eral occasions. In fact, I joined the The ACTING PRESIDENT pro tem- welfare. The most important aspect of Senator in passing his amendment to pore. The Senator from New Hamp- a family’s welfare is steady, depend- the Transportation appropriations bill shire. able, rewarding employment, and that just the other week. Mrs. SHAHEEN. Mr. President, I is the challenge we face today. People Another of our colleagues wants to come to the floor for the third time in are concerned about jobs. Many Rhode extend the $8,000 new homeowner tax the last couple of weeks to urge pas- Islanders with jobs are coping with re- credit which costs an estimated $16.7 sage of the Unemployment Compensa- ductions in hours and earnings, while billion. This is a worthy effort, but in tion Extension Act. This will help the those without jobs are tirelessly look- the context of trying to get aid imme- almost 2 million Americans who are in ing for work in a labor market that is diately to unemployed workers, I don’t danger of losing their benefits. I am worsening, and jobs simply aren’t think it is the best use of our time. proud to join Senator JACK REED, and I there. It is counterintuitive to delay an ex- thank him for his leadership in trying We have a particularly dire situation tension of unemployment insurance to get this done and working out legis- in Rhode Island. There are 74,000 unem- with these types of amendments. lation that can be supported by hope- ployed in my State. That is a big num- Again, the homeowner tax credit is fully most of the Members of this Sen- ber, but it is much bigger in terms of something I support. It is something ate. For nearly 2 weeks, we have been my State of Rhode Island. We are the we should do. It is something we should working to pass an extension to help smallest State in the Union. With a consider paying for also. But now is the struggling families across the country. population between 900,000, and 1 mil- The Senate bill we have introduced is time to deal with the most obvious cri- lion, 74,000 unemployed people is a huge a good bill, as Senator REED has said. sis: people without work, running out amount. It translates to 13 percent un- It extends unemployment benefits for of benefits, facing a desperate situa- employment. If you look at the under- up to 14 weeks in all 50 States and by tion. They are falling behind in mort- employed, if you look at those who an additional 6 weeks in States with gage payments, accelerating another have dropped out of the labor force, it the highest unemployment rates. The aspect of our problem—the crisis in is probably much higher. If you look at extensions are targeted: only unem- foreclosures. They need this extension. subcategories—teenagers, for example, ployed workers who have already ex- Debating amendments that send mes- much higher; minority communities, hausted their benefits are eligible. much higher. As a result, there is a sages but don’t provide help for work- That means that almost all jobless growing frustration and too often a ing Americans is not what we should be workers who use this extension will desperation gripping the people of doing. have been out of work for a year or I wish to underscore the urgency we Rhode Island. longer. That is a very long time. A key component of stabilizing the are facing. People are exhausting their Unemployment insurance was cre- economy is ensuring that Americans benefits. They are receiving nothing. ated to provide workers with an in- without jobs can continue to support They still have to provide for their come while they look for another job, their families, and that is at the heart families. In Rhode Island, 3,500 people but with unemployment almost 10 per- of our unemployment compensation would benefit immediately from a Fed- cent nationally, it has gotten harder to program. This compromise legislation eral extension, a majority of whom find work, not easier. The number of which I helped craft along with Leader have already exhausted their benefits long-term unemployed—those without REID, Chairman BAUCUS, Senator going back, in some cases, several a job for 27 weeks or more—rose to 5.4 SHAHEEN from New Hampshire, Senator months. Thousands more Rhode Island- million in September. In my home DURBIN, and others, strikes a careful ers will see their benefits end unless we State of New Hampshire, the number of balance. It is completely offset. It act. These families need this help to long-term unemployed has more than helps unemployed workers across the stay afloat, to pay their bills, to stay tripled in the past year. So now we country by providing all States with an in their homes. It is truly ironic that have reached a perfect storm with un- additional 14 weeks of unemployment the Republican Party is delaying an ex- employment. There are more than six insurance benefits. It also continues tension of unemployment insurance to people for every job opening, and near- the historical precedent and sound pol- the middle class, yet in the past they ly 2 million Americans are about to icy of recognizing that workers in the have had no problem supporting huge run out of all benefits, the benefits hardest hit States such as Rhode Island tax cuts skewed toward the wealthiest they need to pay the rent, to pay their have even greater challenges finding Americans. mortgage, to buy food, to pay for gas, work and are in the greatest need of as- It is my hope we can work together. to continue to look for a job. sistance. Rhode Island and other States This is not a Rhode Island problem The Presiding Officer and I both with unemployment rates at or above alone. It is not a Democratic problem know that unemployment is spent on 8.5 percent would get an additional 6 or a Republican problem. I have been necessities and it is spent immediately. weeks of benefits, for a total of 20 joined—and I wish to thank my col- So when we extend benefits, we are not weeks. This provision will help more league from South Carolina, LINDSEY just helping the workers who have lost than 25 States, including South Caro- GRAHAM, for working on this, because their jobs; we are helping small busi- lina, Tennessee, and Michigan. South Carolina is feeling the effects of nesses that provide the goods and serv- Unfortunately, the other side of the this recession. Every part of this coun- ices unemployed workers need. In fact, aisle, instead of permitting us to take try, with very few exceptions, is feeling economists say that dollar for dollar, up the bill quickly, is blocking legisla- this problem. I again urge that we pass extending unemployment benefits is tion to extend unemployment insur- this measure. one of the most cost-effective actions ance. In addition, we should recognize that we can take to stimulate the economy. First they argued that they needed to there is one other aspect we should So now, as this economy is trying to see a CBO score, even though this legis- consider; strengthening and expanding recover, as people are struggling to

VerDate Nov 24 2008 00:03 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.002 S20OCPT1 smartinez on DSKB9S0YB1PROD with SENATE S10536 CONGRESSIONAL RECORD — SENATE October 20, 2009 find work, it makes perfect sense that ployed. These are people who are now and a safety net for America, unem- we would extend unemployment bene- desperate—desperate people. ployment insurance is absolutely crit- fits for those people who need them. Let me tell you about Ira. I will not ical and essential. The American people are calling for use his last name. I met him. He is a Mr. President, 400,000 American fami- the Senate to act, but some of our 43-year-old African American. He lies have run out of unemployment in- Members just aren’t listening, and they worked at one of the biggest banks in surance benefits already, and the Re- have held up an extension for almost 2 Chicago up until 14 months ago. He was publicans are stopping us from bring- weeks. They don’t seem to want to in charge of human relations. He said: ing up the bill to extend this safety net move forward under any cir- My job was to place people in jobs. Now to unemployed Americans. There are cumstances. My office is getting calls I am trying to place myself in a job. He 20,000 in my State of Illinois who lost every day from people in New Hamp- is going to DePaul University to pick their benefits a few days ago, at the shire and across the country, and they up a certification in his field in the end of September. There are another want to know why the Senate isn’t act- hopes that will give him an edge to find 200,000 families across the country who ing quickly to pass an extension. Un- a new job. will lose their benefits this month be- fortunately, some Senators seem to be Ira is a father with a family and his cause the Republicans continue to stop holding up the process to win political son suffers from a serious illness. Ira us from extending unemployment in- points, to delay our entire legislative has no health insurance. He lost it surance benefits. agenda. They are playing politics while when he lost his job. What are they waiting for? Mr. Presi- 7,000 workers a day run out of benefits, Corinne is another one. Corinne had dent, 1.3 million Americans will lose the benefits they need to put food on been a vice president in a bank in their temporary assistance by the end the table, to pay their bills, to keep downtown Chicago, which the Pre- of the year if the Republicans stop us our economy going. siding Officer would know if I men- from moving on this legislation, 50,000 This is not the time to play politics. tioned its name. She worked her way families in Illinois, similar to the ones This extension will help millions of up, at age 61, to a good-paying job. She I met with last Friday. Americans. It will help Americans in lost it when the bank went out of busi- This money is essential for these Democratic States, in Republican ness and merged. She said: I look families. It is essential for the econ- States, in Independent States, in pur- through all these classified ads and go omy. The money we put in an unem- ple States and red States and blue on the Internet. There are not too ployment check is going to be spent by States. many jobs for vice presidents at banks, these people instantly. They are living It is important for us to pass this ex- and that is what I used to be. Now she paycheck to paycheck and, in this case, tension to help those Americans to says: I am willing to do whatever it unemployment check to unemploy- stimulate our economy by getting takes. Corinne has no health insurance ment check. money back into the hands of people either. Never in the history of the country’s who will spend it immediately. I went around the table and asked unemployment insurance program have I, again, urge all those Senators who people what they were up against. more workers been unemployed for have been standing in the way to stop They said, basically, if we stop unem- such prolonged periods of time. That is playing politics and to pass this crit- ployment payments, if Congress does why we are extending the benefits. Half ical extension. not extend it, we will turn to our sav- of all jobless workers cannot find a job I yield the floor. ings. One lady said: I don’t have any within the first 6 months they receive The ACTING PRESIDENT pro tem- savings; I have spent it all to keep my benefits. That is the highest percent- pore. The Senator from Illinois. house so I don’t go into foreclosure. age of prolonged unemployment in the Mr. DURBIN. Mr. President, I thank That is the reality of this issue. So history of the program. the Senator from New Hampshire for why are the Republicans stopping us I can tell you what this comes down adding to the statement of the Senator from extending unemployment insur- to. We are either going to stand up for from Rhode Island about this unem- ance benefits? Some of them oppose it. these people who have been victims of ployment issue. As you can tell, this is Some of them believe people who are this recession or we are going to watch a national concern. There was a time, I unemployed are just plain lazy. They more and more Americans show up at say to the Senator from New Hamp- should sit down and talk with some of the bread lines, show up at the soup shire, who is one of our newer Mem- these folks. As the Senator from New kitchens, show up at the homeless shel- bers, this was not even debated. Wheth- Hampshire said, there are six unem- ters. The New York Times had an arti- er you were talking about minimum ployed people for every available job in cle yesterday that said 1 out of 10 wage or unemployment compensation, America. This is not laziness. This is a Americans in homeless shelters today it was a bipartisan issue. We basically reality of a recession which this Presi- is a victim of foreclosure. In the Mid- knew, as the Senator said, the people dent inherited. west, it is one out of every six. hurting out there are not all Demo- Some others want to try to refinance We are pretty comfortable as Mem- crats, not all Republicans; they are all and reconfigure unemployment as we bers of the Senate. Our life is not bad Americans and they are from all over know it—the unemployment benefits at all. We know our next paycheck is this country. that are collected from all working coming in. But what about these poor Unfortunately, we have now drifted Americans, while we are working, for people? I say to the Republicans, it is into a status where even this has be- the rainy-day possibility that we will time to wake up to reality. Don’t talk come a political issue. I say to my col- lose a job someday. There is money in about family values, rewarding work, leagues on the Republican side of the this fund to pay these benefits. and standing up for people when you aisle who are blocking unemployment One of the Senators on the Repub- believe in them and turn down these benefits for the millions of unemployed lican side came to the floor last week unemployment benefits. It is time to people in this country: Go out and and said: I wish to find a new way to pass these benefits now, and the Repub- meet some of these people. refinance unemployment benefits. That licans had better step aside. Last Friday, I went to Pilsen, which is a great exercise and a great chal- I yield the floor. is a section in Chicago. I went to an of- lenge. For goodness’ sake, while you The ACTING PRESIDENT pro tem- fice called the National Able Network, debate this issue, are you going to let pore. The Senator from Washington. where they are trying to help the un- hundreds of thousands of people wonder Mrs. MURRAY. Mr. President, I employed find a job. I sat at the table whether they will be able to keep food thank my colleagues who have come with about 12 unemployed people on the table? That is the reality. before the Senate on this critical issue, around me. I wish my Republican col- There is a third group, honest to our ability to extend unemployment leagues would actually sit down and goodness, that believes these folks do insurance, and to ask our Republican meet some of these people who are un- not deserve to receive this money, that colleagues not to block our efforts and employed. They will learn something. it means they will not try hard to find to allow us to bring up this bill and do These are not lazy people. These are a job. That is fundamentally unfair. If it quickly to help the families who are not people who enjoy being unem- you believe in family, family values, suffering in every one of our States.

VerDate Nov 24 2008 00:03 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.003 S20OCPT1 smartinez on DSKB9S0YB1PROD with SENATE October 20, 2009 CONGRESSIONAL RECORD — SENATE S10537 This week we have an important op- Mr. Ryan says he is a carpenter, with we already face—more families pushed portunity and a need to address a real 23 years of experience, who has been into bankruptcy, more families who ‘‘kitchen table’’ issue for families all looking for work for more than a year. will have foreclosures happen to them, across this country. We have an oppor- In his letter, Mr. RYAN tells of recently more people will lose their health care, tunity and a responsibility to pass an selling all his personal belongings, re- and less progress will be made on this extension of unemployment insurance lying on food banks, and being on the important road to financial recovery. and, in doing so, to provide a measure verge of financial ruin, through no We cannot sit by as working families of financial stability to millions of fault of his own. He wrote me to ask are pushed to the brink by a financial Americans who have been laid off in for another emergency unemployment crisis they did not create but for which the most difficult economic times since extension just to keep his head above they are still paying. the Great Depression. We have the op- water. Angela Slot ended her letter to me by portunity and the responsibility to pro- There is Kristina Cruz, from Seattle, saying she felt families such as hers, vide peace of mind to families who are who received her last unemployment families who are just scraping by, are left without a job and nowhere else to check just a few weeks ago. Kristina ‘‘falling off the radar.’’ This unemploy- turn and are so concerned about their told me she has been unemployed now ment extension bill is our opportunity future, families who, right now, as we for 20 months, after spending 10 years to prove to her and many others that is debate our ability to bring this bill to in human resources. She talks of going not the case. We have not forgotten the floor of the Senate, are having a above and beyond in her job search, a them. We know they are out there. much more agonizing debate about how skill she picked up as her career. But I urge our colleagues to listen to the to make next month’s rent or even still, she said, interviews have been few voices of their constituents. I ask our next week’s grocery budget if their un- and far between. She told me she is Republican colleagues not to block this employment runs out. stressed out and panicked. She says she effort, not to say no to these families, For these families, this bill Senator is not interested in living off the gov- not to turn a blind eye but to join us in BAUCUS has worked so hard on to bring ernment long term, but in the midst of passing an unemployment extension to the floor helps them out. What this this economic crisis, she believes we that makes sure America’s laid-off bill does is extend the unemployment need to pass this extension. workers are not ignored. to laid-off workers in States that have There is the story of Angela Slot and I yield the floor. been hardest hit by job losses by 6 her family from Washougal, WA. The ACTING PRESIDENT pro tem- weeks, and it provides every single un- Angela’s husband designs kitchens and pore. The Senator from Minnesota. employed worker who has exhausted has been out of work since last May. Ms. KLOBUCHAR. Mr. President, I speak in support of extending unem- his or her benefits, regardless of the He has returned to school, put out over ployment benefits to provide much State in which they live, an additional 1,500 applications in different fields in different States and for every different needed relief to jobless workers. 14 weeks of support. It makes some Nearly 2 million Americans, includ- critical changes to help our families. It type of job. Yet today he remains with- out work. ing more than 13,000 Minnesotans, will makes clear that the additional $25 per exhaust their unemployment benefits week in benefits that Congress in- The Slot family has taken out loans, used all their savings and unemploy- by the end of the year. We are facing cluded in the Recovery Act does not record high unemployment in this count against someone who is seeking ment payments just to stay in their home and provide for their three chil- country. The number of Americans out food stamps. of work has almost doubled over the This bill could not come at a more dren. Without this extension, the Slot family calculates they will not have past 2 years. People who want to get critical time. This month, we have seen back to work are still facing a de- banner headlines in newspapers all their home by the end of this year. For these families and millions more pressed job market, where there are six across the country that make a very like them, the question that haunts unemployed workers for every job stark point about the tough climate them every single day is what will we opening. It is no wonder that I have re- our laid-off workers face today. In my do if this support runs out? Where will ceived so many letters from my con- home State of Washington, unemploy- we go when our savings are exhausted, stituents, scores of people going to 60 ment has now risen to 9.3 percent. That when the credit card can no longer job interviews, sending in hundreds of number alone does not illustrate the make ends meet, when the bank will resumes. need to provide immediate relief. Even not wait for a mortgage payment any I thank Senator SHAHEEN for her with the robust recovery program that longer? To whom do we turn? leadership here; Senator DURBIN, who has saved and created jobs throughout In a time of national crisis, it is our just spoke; the majority leader, Sen- my State, our workers are feeling the job to make sure we are answering ator BAUCUS, Senator DODD, Senator very sharp effects of this recession. those questions. We can do that by pro- JACK REED, and my other distinguished Since this recession began in Decem- viding a bridge to financial stability colleagues in working with me to pro- ber of 2007, there have been over 145,000 for families today. By the end of this vide this much needed relief. I was so jobs lost in my State. That means 1 in year, my State projects that nearly pleased that we were able to put to- 20 jobs in Washington State has been 18,000 people will be in need of these gether a proposal that included all 50 lost. These unemployed workers are benefits just to keep them afloat. States because I simply could not ex- searching for an average of 61⁄2 months I, personally, know how important it plain to the people of my State that before they find a job. While those sta- is to have the government in your cor- while people in Wisconsin who are un- tistics clearly point out the need for ner during financial times. When I was employed would get extended unem- this legislation, the stories behind young, my dad had to stop working. He ployment benefits, those in Minnesota these statistics provide even more of a was diagnosed with multiple sclerosis. would not. Our States share a border, call to action—stories of single moth- That left my mom at home to support but when people suffer in one State, ers who are scanning the classifieds and raise seven kids, as she also took they also suffer in the other. every morning and then having to care of my dad. It was a very difficult This is a fiscally responsible solution search through coupons each night to time for my family. We made a lot of that is fair and will provide for a State afford to feed their family dinner; sto- sacrifices to get by. But you know such as Minnesota, where unemploy- ries of skilled workers, with many what. Our country was there for us. ment is still high but below 8.5 percent, years of education and the debt that Through food stamps, VA benefits for which was the mark that was used in comes with that, facing stacks of un- my dad, student loans, my family made the House bill. Unemployment is unem- paid bills; stories such as those that it through those tough times, and I am ployment no matter where you live. over the past few weeks, as unemploy- here today. That is why I believe Minnesotans without jobs do not suffer ment benefits have become exhausted strongly that we need to be there now any less because our State’s unemploy- for millions of workers, have poured for the millions of Americans who are ment rate is slightly lower. into my Senate offices, stories such as struggling today. Several constituents wrote to me the one of Wane Ryan of Bonney Lake, We cannot sit on the sidelines. Doing earlier, when Minnesota’s unemploy- WA, who shared it with me. so would only compound the problems ment rate was around 8 percent. At

VerDate Nov 24 2008 00:03 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.005 S20OCPT1 smartinez on DSKB9S0YB1PROD with SENATE S10538 CONGRESSIONAL RECORD — SENATE October 20, 2009 that time, as I mentioned, the proposal help us out, I don’t know what will happen. and he told the members of the Amer- from the House would have cut things All four of us have been looking for steady ican Medical Association, and I quote off at 8.5 percent. After getting these employment for months. We drive old cars, him: bought a house within our means that we letters and talking to people in my have been fixing up slowly by ourselves the Now, I recognize that it will be hard to State, I decided that was not good past 22 years, buy everything used or on sale. make some of these changes if doctors feel enough. Please don’t let Minnesotans get left out in like they’re constantly looking over their In one letter, Marilynn, from St. the cold—oh yes, don’t forget about the heat- shoulders for fear of lawsuits. Now I under- Paul, wrote: ing bills coming in the next months. We need stand some doctors may feel the need to order more tests and treatments to avoid Unemployment may be 8 percent for the jobs and extending benefits will help us sur- being legally vulnerable. That’s a real issue. State of Minnesota, but in our house it’s 100 vive. I do think we need to explore a range of ideas percent. And what would my colleagues who about how to put patient safety first, how to As Marilynn notes, unemployment is are now stopping this bill from coming let doctors focus on practicing medicine. I a national issue that does not simply to the floor say to Carolyn of want to work with the AMA so we can scale begin or stop at State lines. Being un- Woodbury, MN, who writes: back the excessive defensive medicine that employed in North Dakota, South Da- As of the early part of November of this reinforces our current system. So this is kota, Iowa, Wisconsin, or any other year, I will have completed all my unem- going to be a priority for me. State does not hurt any more or less ployment benefits. I have been looking for That is a quote from the President work daily since May of 2008 and have had back when he spoke to the AMA less than being unemployed in Minnesota. several interviews but no offers yet. I like Deep, persistent unemployment hurts working, I am looking for work, I want to than 6 months ago. Yet in this 600-page no matter where you happen to live, work and I am able to work but have not document there is not a mention of and the solution my colleagues and I gotten any offers yet. Is there any chance medical malpractice reform. In this crafted strikes the right balance in rec- that unemployment benefits will be ex- 1,500-page document there are 20 pages ognizing that fact. tended? My unemployment is my only source of sense-of-the-Senate language. In Mariann from White Bear Lake, MN, of income and if I am not able to get that case there is anyone who doesn’t know wrote: and don’t have a job what will happen to a what sense of the Senate means, it person like myself? means exactly that. It does not mean The tremendous stress of trying to search The time for partisanship is over. for an affordable job and raise two children law. on my own is overwhelming in itself. I can- This is about people’s lives and their So the President of the United States not help that I live in one of the States with ability to survive and to continue to talks to the AMA and tells them that lower than 8.5 percent unemployment. provide for their families. I am very we are going to bring about change. We And Brian from Anoka wrote: glad this Senate recognized that an un- are going to stop this practice of defen- In fairness, what is good for one unem- employed person in Minnesota needs as sive medicine, which by the way, the ployed person should be good for all unem- much help as an unemployed person in estimates say account for as much as ployed persons everywhere. Wisconsin, but now it is time to get the $200 billion a year added to health care As the Senator from Illinois knows, bill passed. expenses. But what have we got here, Mr. President, I yield the floor. sometimes we get letters that are all The ACTING PRESIDENT pro tem- and here, and going on behind closed the same, from groups that organize, pore. The Senator from Arizona. doors? Does anybody believe the Demo- but these were individual letters from crats are going to come out with any- citizens out there who are hurting and f thing that is meaningful on medical who actually looked at the paper, HEALTH CARE REFORM malpractice reform? No. But what they heard the news, and decided: Wait a Mr. MCCAIN. Mr. President, last will do is to say that we are going to minute, the House bill, at 8.5 percent, year, the President of the United try some demonstration projects. We does not help me. I am going to be left States, during his campaign, stated are going to try some demonstrations. with nothing. that there was going to be a change in In fact, on September 9, 2009, before a Simply put, this legislation in the the way we do business here in our Na- joint session of Congress, the President Senate provides relief in a fair way to tion’s Capitol, and that when it comes went a step further and stated: all those in need. This legislation helps time for a conference on a bill that the Now, finally, many in this Chamber—par- jobless workers who desperately need American people would be brought in; ticularly on the Republican side of the relief. This legislation does not add to that C–SPAN cameras would be there aisle—have long insisted that reforming our the deficit. This legislation is the right as Republicans and Democrats in a medical malpractice laws can help bring down the cost of health care. Now, I don’t be- thing to do. Despite our best efforts, we room that was open to the American have not been able to convince some of lieve malpractice reform is a silver bullet, public; that they would sit down and but . . . defensive medicine may be contrib- our colleagues on the other side of the negotiate and come forward with re- uting to unnecessary costs. I know that the aisle to agree that struggling middle- sults from a process that the American Bush administration considered authorizing class Americans deserve an up-or-down people would all be aware of. I have the demonstration projects in individual States vote on whether their unemployment direct quote here. to test these ideas. benefits should be extended. So what is going on today? Here is And by the way, the reason why they While my colleagues can perhaps af- the bill from the HELP Committee. did that was because they couldn’t get ford to wait in their States—maybe the This is only some 600 pages. And over meaningful malpractice reform unemployed people in their States here we have the Finance Committee through the Congress. Continuing the aren’t writing them these letters—the bill, some 1,500 pages. And not far from quote from the President: more than 13,000 Minnesotans who will here—very close to here—there is a I think it’s a good idea, and I’m directing exhaust their unemployment benefits handful of Democrats and administra- my Secretary of Health and Human Services by the end of December cannot afford tion people behind closed doors who are to move forward on this initiative today. to wait. They have already waited too reconciling these two bills. Sooner or Shortly thereafter, the President did long. The time to act is now. This is later they will come out of that room— issue a memo on medical malpractice the decent thing to do, and in a fortunately no longer smoke filled, but reform where he stated: stretched economy, it is the right certainly with no access or information We should explore medical liability reform thing to do. available for the American people— as one way to improve the quality of care I know people are happy that we have with perhaps a 2,100-page bill which has and patient-safety practices and to reduce started to see some good numbers on yet to be on the Internet so that the defensive medicine. Wall Street. We need that. Maybe it American people can see it. A remark- So we all read with great interest will help us with our 401(k)s. But what able process. No one should wonder about the new initiative. The memo do you say to Barbara, from then about the cynicism that is out went on to state: Mahtomedi, MN, who understands Wall there in America about the way we do We must foster better communication be- Street is doing well, but writes this: business in our Nation’s Capitol. tween doctors and their patients. We must My husband has been looking for a job Less than 6 months ago, the Presi- ensure that patients are compensated in a since March and without unemployment to dent stood before a receptive audience fair and timely manner for medical injuries,

VerDate Nov 24 2008 00:03 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.006 S20OCPT1 smartinez on DSKB9S0YB1PROD with SENATE October 20, 2009 CONGRESSIONAL RECORD — SENATE S10539 while also reducing the incidence of frivolous that capped jury awards for ‘‘non- being left out of this process. The lawsuits. And we must work to reduce liabil- economic’’ damages such as pain and American people are getting more and ity premiums. suffering in medical malpractice suits. more angry. I don’t think this will go The memo concluded with the grand Not only does this cap reduce the over well with the American people. In policy crescendo and a request that the amount of damages but it has had the fact, I think they will steadfastly re- Secretary of Health and Human Serv- effect of deterring unwarranted law- ject it. ices announce: suits. Malpractice filings have fallen in I yield the floor and suggest the ab- . . . that the department will make available almost every county in California, sence of a quorum. demonstration grants to States, localities, medical malpractice insurance pre- The PRESIDING OFFICER (Mrs. and health systems for the development, im- miums have dropped, and patient costs GILLIBRAND). The clerk will call the plementation, and evaluation of alternatives have lessened. roll. to our current medical liability system. In Texas, the trial lawyers had cre- The assistant legislative clerk pro- There is nothing to be demonstrated. ated such a problem for lawsuit abuse ceeded to call the roll. We already have two demonstration that patients didn’t have access to doc- Mr. CORKER. Madam President, I States—California and Texas—where tors for several primary and specialty ask unanimous consent the order for medical malpractice laws are working. care services. Women couldn’t find OB– the quorum call be rescinded. What is needed is leadership. Despite GYNs. Several counties didn’t even The PRESIDING OFFICER. Without all the promises, the President and his have neurosurgeons or anesthesiol- objection, it is so ordered. The Senator party have yet to put forward any real ogists. Texas put in place a new struc- from Tennessee is recognized. medical malpractice liability reforms ture that ensured patients got full Mr. WICKER. Madam President, do as part of either of the two health bills compensation for their losses while at you know how long I have at this mo- that have been shepherded through two the same time curbing lawsuit abuse. ment to speak to health care? Senate committees that are being In Texas, ‘‘Patients are the ultimate The PRESIDING OFFICER. The mi- merged behind closed doors by a select beneficiaries of the tort reform meas- nority has a total of 27 minutes 15 sec- few. ures passed in 2003,’’ said Dan Stultz, onds. I wish to point out that every time M.D., president/CEO of the Texas Hos- Mr. CORKER. I will not take 27 min- we tried to get an amendment on the pital Association. utes. Thank you for letting me know 600-page bill—not the 1,500-page bill— It’s clear that hospitals are able to attract that. those amendments to do even the more specialty physicians and offer new or Madam President, I was on the Sen- slightest change in medical mal- expanded services that have enhanced pa- ate floor last week, which is a rarity practice were voted down on a party- tients’ access to care and saved lives. for me. I spend very little time on this line basis. It is a failure of leadership. A survey conducted by THA—that is floor. Most of my time is spent in com- How many patients are subjected to the Texas Health Association—in July mittee hearings. But I rise today to unneeded and unwarranted tests and 2008 found that 85 percent of hospitals speak regarding the proposed Stabenow procedures—some of which are cer- are finding it easier to recruit medical bill, a bill that is designed to pass on a tainly not painless—because the doctor specialists and subspecialists. $1⁄4 trillion in unfunded liabilities to fu- has to perform defensive medicine? We could replicate these success sto- ture generations. As you know, we How many medical practitioners in ries across America, but the other side have been talking about health care re- America today are like the chief of sur- has refused to consider medical mal- form in this body for some time. I have gery, the surgeon I met at the Pal- practice amendments to the bills. In- met numerous times with almost every metto Medical Center in Miami, who stead, the Democrats and the White official involved in health care reform said: No, I don’t have insurance. I House are attempting to buy the si- and talked about how I thought it was couldn’t afford the premiums. I don’t lence of American medical associations unwise to look at taking $404 billion have insurance. But if they sue me, all and doctors everywhere who support out of Medicare and not using that they can do is take everything I have. reform by increasing the deficit by $250 money to deal with the issue of SGR or What kind of incentive is that for peo- billion in Medicare physician payment the ‘‘doc fix,’’ the fact that physicians ple to engage in the medical profes- increases. across this country are going to see a sion? CBO estimates the medical mal- 21-percent cut in fees in the very near As I said, the Finance Committee practice reform would reduce the Fed- future, and what that would do to the bill—1,522 pages—contains 20 lines of eral deficit by $54 billion over the next Medicare population depending upon nonbinding sense-of-the-Senate lan- 10 years. Others say it is as high as $200 these services. guage that merely expresses a view billion. The question is, is there any- I talked to the President on July 15 that ‘‘health care reform presents an one who denies that medical mal- about how this body and the House opportunity to address issues related practice reform would not reduce were putting together pieces of legisla- to medical malpractice and medical li- health care costs in America? Is there tion that did not make sense. I urged ability insurance.’’ Let me repeat that. anyone? Of course not. This bill is the President to use a responsible ap- This is the 1,500-page bill. In 1,500 ample testimony of the influence of the proach as it relates to health care re- pages, there are 20 lines of sense-of-the- trial lawyers of America on this body. form. I have met with the chairman of Senate language which says: ‘‘Health We should be ashamed. the Finance Committee, the distin- care reform presents an opportunity to Talk is cheap. This issue requires guished Senator from Montana, numer- address issues related to medical mal- real leadership. I believe the President ous times to talk about the Ponzi practice and medical liability insur- needs to stand by his word and put for- scheme that is being created by the Fi- ance.’’ ward real medical malpractice reforms nance Committee in looking at how we I am not making that up. I am not rather than simply request applica- finance something that is going to be a making it up. It surely does present an tions for demonstration grants. I hope part of our citizens’ lives for years to opportunity to address issues related the President will demonstrate a will- come and certainly a tremendous to medical malpractice reform. How- ingness to listen and a willingness to strain on the American budget. ever, the other side passes on such an reach a bipartisan agreement on this I have been told from day one that in opportunity. It is a fact that just the important issue. Patients, doctors, hos- fact we were going to put together a narrowest specifics of medical liability pitals, and taxpayers need action. health care reform bill that will be reform could save $11 billion this year We are going through an interesting paid for. I think most people know now alone. As I said, there are some esti- process. Mr. President, 1,522-page and the way that is being looked at is we mates which claim it could be as much 622-page bills are being merged behind are going to take $404 billion out of as $200 billion when you look at the de- closed doors with a handful of elected Medicare, which is an insolvent pro- fensive medicine that is being prac- representatives, leaving out not only gram, and leverage a new entitlement ticed today. everyone on this side of the aisle and program—something the people of Ten- California addressed this precise most of the people on that side of the nessee do not believe makes much com- problem in 1975 by passing legislation aisle, but the American people are mon sense. I know you are aware of the

VerDate Nov 24 2008 00:03 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.007 S20OCPT1 smartinez on DSKB9S0YB1PROD with SENATE S10540 CONGRESSIONAL RECORD — SENATE October 20, 2009 fact that in addition to trying to solve the appropriate way. I hope there will billion each year to nearly $250 billion this problem by taking money from an be Senators on both sides of the aisle annually. In a 2006 article in the New insolvent program, we also are plan- that revolt at the majority leader’s England Journal of Medicine, it sug- ning to pass what Tennessee’s Gov- push to purchase the support of physi- gests that as much as 40 percent of ernor has called the mother of all un- cians all across our country by, in es- medical liability lawsuits are frivolous. funded mandates; making States, if sence, creating legislation that puts Medical liability insurance premiums you will, increase their Medicaid rolls our country another $1⁄4 trillion in are threatening the stability of our Na- at their expense so we in Washington debt. tion’s health care system. These rates can say we have reformed health care. Madam President, I wanted to say are forcing many physicians, hospitals, But I have to say one of the most sin- this is not at all what the President and other health care providers to ister moves I have seen take place in said he would do. This President has move out of high liability States, limit my 2 years and 10 months being in the said he would offer health care reform the scope of their practices, and some Senate is the Stabenow bill. The that balanced the budget. The Amer- even to close their doors permanently. Stabenow bill seeks to say we are going ican people understand by doing what This crisis is affecting more and more to deal with SGR, that we are going to the Stabenow bill seeks to do this patients. It is threatening access to re- deal with our obligation in Medicare to week, that is absolutely not true. This liable, quality health care services. pay physicians at least the rates they administration absolutely is not living I have a good friend from Nevada who are making today. We are going to pass up to the commitment it has given the practices obstetrics. In his practice he 1 specializes in high-risk pregnancies. on a $ ⁄4 trillion bill to future genera- people of this country. tions in order to get support from phy- This body needs to stand up and do Because of medical liability problems sicians across our country. what is right. I hope we will do that that we have seen in the past several I talked to physicians in our State this week. I hope we will defeat the years, his insurance company limits this weekend, a meeting at Tennessee Stabenow bill as it now has been intro- the number of high-risk pregnancies in Medical Association—the American duced. I hope we will work together to which he can assist. Medical Association was on the line— do those things that are responsible. If you are a woman and you are preg- and I was shocked at the response. I absolutely agree physicians around nant with a high-risk pregnancy, it Today the Hill cited a meeting where this country do not need to take a 21- would seem to me you would want the doctors who specialize in high-risk Senator REID and others met with phy- percent cut. I have probably been the pregnancies to see you. This only sicians in order to buy their support. I most outspoken person on that issue in makes sense. However, because of the know we all know the selling of one’s the Senate since I came here. But what medical liability crisis we are facing in body is one of the oldest businesses we need to do is balance our resources, this country, the best of the best are that has existed in the history of the not continue to do things we think limited in the number of cases they can world. So the AMA is now engaged in make sense on one hand to the det- basically selling the support of its body handle. riment of future generations. It is my Because of the unaffordable medical by leveraging—by throwing future gen- hope this will be embodied as part of liability insurance premiums, it is now erations under the bus, by in essence the overall health care reform package. common for obstetricians to not de- urging that we as Congress pass this This gets to my point I have been liver babies and for other specialists to week a $1⁄4 trillion spending bill, unpaid making on this floor and in commit- no longer provide emergency calls or for. If we would do that, we might get tees and other places for months; that provide certain high-risk procedures. their support in health care reform. is, it makes absolutely no sense to use Ask yourself this question: What if I I have to tell you, I have never wit- $404 billion out of Medicare to finance were in need of an emergency proce- nessed something more sinister than health care reform and not deal with dure? What if I were the woman who the Stabenow bill. It is my hope that SGR. I hope other Senators will join had a high-risk pregnancy and could this week Senators on both sides of the me in revolting against this most sin- not find a specialist to provide me with aisle will come together and realize we ister act that, hopefully, will not come the health care I needed? have to graduate. to fruition this week. The medical liability crisis is threat- We talk fondly about the ‘‘greatest Madam President, I suggest the ab- ening patient access to reliable, qual- generation,’’ our parents and others, sence of a quorum. ity health services all across America. who did so much in the way of sacri- The PRESIDING OFFICER. The Additionally, costly medical liability ficing for this country to make sure clerk will call the roll. premiums have forced some emergency that generations who came after had a The assistant legislative clerk pro- rooms to shut down temporarily in re- better way of life. I am sad to say ceeded the call the roll. cent years. that—while I consider it the greatest Mr. ENSIGN. Madam President, I ask In my home State of Nevada, our privilege of my life to serve in this unanimous consent that the order for level 1 trauma center was closed for 10 body, and I thank the citizens of Ten- the quorum call be rescinded. days in 2002. This closure left every pa- nessee for allowing me this lease, this The PRESIDING OFFICER. Without tient within a 10,000-square-mile area 6-year lease to serve in this body to try objection, it is so ordered. unserved by a level 1 trauma center. to conduct myself in a way that will f Unfortunately, a gentleman by the put our country’s long-term interests name of Jim Lawson was one of those first—I am sad to say I serve during HEALTH CARE REFORM in need of a trauma unit at that time. what I would call the ‘‘selfish genera- Mr. ENSIGN. Madam President, I rise Jim lived in Las Vegas and was just 1 tion.’’ The political leadership we have today to discuss why meaningful med- month shy of his 60th birthday. He had today, of which we are a part, no doubt ical liability reform must be included recently returned from visiting his embodies the most selfish policies this in the health care reform package. daughter in California. When he re- country has seen in its history. There Americans spend far more on lawsuits turned, he was injured in a severe car is no question that is the case; that for than any other country, and more than accident. Jim should have been taken short-term political gain, in order to twice as much as all countries except to the University Medical Center’s make some constituents happy, in for one. level 1 trauma center. Unfortunately, order to give people what they want According to a recent study con- it was closed. with no sacrifice, we are willing to ducted by the Tillinghast-Towers Instead, Jim was taken to another throw future generations under the Perrin Group, the direct cost of health emergency room where he was sta- bus. care lawsuits is $30 billion per year. bilized and then transferred to Salt It is my hope, this week even, this These costs are multiplied by the indi- Lake City’s trauma center. Tragically, body will graduate from that selfish ex- rect costs of lawsuits, especially doc- Jim never made it that far. He died istence, doing things we know abso- tors ordering costly tests out of fear of that day due to cardiac arrest caused lutely are undermining the future of being sued. by blunt force from physical trauma. this country, and that we will come to- Estimates of wasted money spent on Why was Nevada’s only level 1 trau- gether and look at this legislation in unneeded tests range from over $100 ma center closed that day? Due to the

VerDate Nov 24 2008 00:03 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.008 S20OCPT1 smartinez on DSKB9S0YB1PROD with SENATE October 20, 2009 CONGRESSIONAL RECORD — SENATE S10541 simple fact that doctors could not af- medicine occurs every day and that the called to testify. Yet because juries do ford the medical liability insurance costs to the health care system are not know they are not a true expert, premiums, and there were not enough staggering. their testimony is allowed to influence doctors to provide the care. As I mentioned earlier, tens if not liability claims. Ultimately, the State had to step in hundreds of billions of dollars are wast- My amendment uses a Texas style of and take over the liability to reopen ed every year due to the practice of de- caps on noneconomic damages that the trauma center. Our State has caps fensive medicine, largely in an attempt provides a cap of $250,000 for a judg- on how much someone can sue for, so to avoid frivolous, junk lawsuits. Just ment against a physician or health medical liability insurance is afford- think of how many uninsured patients care provider. In addition, the patient able. we could cover with this money or how can be awarded up to $250,000 for a More than 35 percent of the neuro- much cheaper the premiums would be judgment against one health care insti- surgeons have altered their emergency for those who already have insurance. tution. or trauma call coverage because of the We must stop playing games and Under Texas law, judgments against medical liability crisis. This means pa- start doing something real to address two or more health care institutions tients with head injuries or who are in important health care issues. Unfortu- cannot exceed $500,000, with each insti- need of neurosurgical services must be nately, the Finance Committee bill tution not liable for more than half transferred to other facilities, delaying that was voted on last week only in- that. In total, noneconomic damages much needed care. cludes a meaningless sense of the Sen- cannot exceed $750,000. Doctor Alamo of Henderson, NV, ate on medical liability reform. That Medical liability reform works, and brought another example of this prob- seems to parrot some of the President’s it is already turning the tide against lem to my attention. Doctor Alamo remarks. frivolous lawsuits and outrageous jury was presented with a teenager suffering Specifically, the language in the bill awards in some States. We have seen it from myasthenia gravis. She was in a expresses the Sense of the Senate that in California, in Texas, and in my home crisis and in need of immediate med- States should be encouraged to develop State of Nevada, where the number of ical treatment. Because of the medical and test alternatives to the current medical malpractice lawsuits has de- liability situation, there was no emer- civil litigation system as a way of im- creased dramatically. gency neurologist on-call to assist this proving patient safety, reducing med- It has been a crisis driving doctors young woman. ical errors, encouraging the efficient out of business for too long. It is time Dr. Alamo called several neurologists resolution of disputes, increasing the to protect patients across the country in the area and none of them wanted to availability of prompt and fair resolu- and to ensure access to quality health take her case because of the medical li- tion of disputes and on and on and on. care. ability situation. So Dr. Alamo had the It is only a Sense of the Senate. To illustrate my point, I would like young woman transported all the way The provision also expresses the to tell you about the success of medical to California by helicopter to receive sense of the Senate that Congress liability reform in Texas. Over 16,000 the medical care she so desperately should consider establishing a State new physicians have come to Texas needed. demonstration program to evaluate al- since reform was enacted. The number These kinds of situations should not ternatives to the current civil litiga- of high-risk medical specialists in happen and should not be forced to tion system. Texas is growing. Since 2003, Texas has happen because of the medical liability Let’s be honest with ourselves. The added 650 emergency room doctors, 350 crisis we face in America. Stories such Sense of the Senate is fluff. It ignores heart doctors, over 200 obstetricians, as these are all too common across our the substantial progress many States 160 orthopedic surgeons, and almost 60 country. have already made with medical liabil- neurosurgeons. To address the growing medical li- ity reform. Capping noneconomic dam- These additions are not limited to ability crisis in my home State of Ne- age awards has been highly successful urban Texas. The ranks of rural obste- vada, the State enacted legislation in a number of States, such as Texas, tricians have grown by almost 30 per- that includes a cap on noneconomic and is something we should consider as cent. Twenty-two rural counties have damages and a cap on total damages part of health care reform. added an obstetrician and 10 counties for trauma care. Several other States It is important for the Senate to con- have added their first OB. The statis- have enacted similar reforms. sider capping punitive damages, lim- tics go on and on about the success in This should not be a Republican or a iting attorneys’ fees, and providing Texas. Democratic issue. Simply put, the cur- that if multiple defendants contributed In addition to improvements in ac- rent medical liability crisis means pa- to a mistake, each defendant should cess to health care, charity care has tients cannot find access to care when pay only for the portion of the mistake also greatly expanded due to medical they need it most in many areas. for which they are responsible. liability reform. Today, Texas hos- Without Federal legislation, the exo- So let’s do the right thing. Let’s pitals are rendering $600 million more dus of providers in the practice of med- enact real medical liability reform in charity care annually than they icine will continue, and patients will rather than a meaningless Sense of the were just 6 years ago—$600 million find it increasingly difficult to obtain Senate. As part of the health care de- more in charity care by hospitals than needed care. As we work on comprehen- bate, I will be offering a comprehensive they were giving before medical liabil- sive health care reform, one of our pri- medical liability reform amendment ity reform. mary goals must be to enact meaning- that sets reasonable limits on non- Liability savings have allowed hos- ful medical liability reform to help pa- economic damages while also providing pitals to upgrade medical equipment, tients access care. for unlimited economic damages. expand emergency rooms, expand out- As you know, President Obama re- My amendment is a responsible re- patient services, staff Emergency cently addressed the entire Congress on form measure that includes joint li- Rooms 24/7 with high risk specialists, health reform. During his speech he ability and collateral source improve- improve salaries for nurses, and launch said: ments, and limits on attorney fees ac- patient safety programs. I do not believe malpractice reform is a sil- cording to a sliding scale. My legisla- Without reforms and the attendant ver bullet, but I have talked to enough doc- tion also includes an expert witness savings, these healthy developments tors to know that defensive medicine may be provision to ensure that relevant med- would not have been possible. Lawsuit contributing to unnecessary costs. ical experts serve as trial witnesses in- reform has been a magnet for attract- The President went on to say he stead of so-called professional wit- ing doctors and the funding mechanism asked Secretary Sebelius to move for- nesses who are too often used to fur- to improve access to care and enhance ward on demonstration projects in in- ther the abuse of the system. patient safety. dividual States to test ways to put pa- What happens today in our medical Physicians have seen a decrease in tient safety first and let doctors focus liability system is we have professional their medical liability premiums. Since on practicing medicine. Let’s face re- witnesses. Too often they are not a spe- 2003, physicians in Texas have saved, ality. There is no doubt that defensive cialist in the field for which they are collectively, almost $600 million in

VerDate Nov 24 2008 00:03 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.009 S20OCPT1 smartinez on DSKB9S0YB1PROD with SENATE S10542 CONGRESSIONAL RECORD — SENATE October 20, 2009 their liability premiums. Today, most fix unpaid for. It is $250 billion over the DEPARTMENT OF HOMELAND SE- Texas doctors are paying lower liabil- next 10 years. I have been talking a lot CURITY APPROPRIATIONS ACT, ity premiums than they were almost 10 about the Federal debt and what we are 2010—CONFERENCE REPORT years ago. doing to our children. The other side The PRESIDING OFFICER. Under All major physician liability carriers wants to do what we all want to do the previous order, the Senate will pro- in Texas have cut their rates since the around here; that is, make sure doc- ceed to the consideration of the con- passage of the reforms and most of tors’ fees in Medicare are not cut be- ference report to accompany H.R. 2892, them by double digits. cause they are already paid at a very which the clerk will state. Texas’s reforms prove lawsuit reform low rate, but they are doing that with- The assistant legislative clerk read can improve access to care, expand the out honoring what they talked about as follows: number of doctors and types of care known as ‘‘pay-go’’. The committee of conference on the dis- hospitals are able to offer, and help re- We heard a lot about that during the agreeing votes of the two Houses on the duce medical costs. According to a con- campaign: We need to pay for every- amendment of the Senate to the bill (H.R. servative estimate by the Congres- thing. We cannot keep adding to the 2892), making appropriations for the Depart- sional Budget Office, CBO, if Congress deficit. They accused this side of the ment of Homeland Security for the fiscal adopted only a few of the proposed law- aisle as being fiscally irresponsible. year ending September 30, 2010, and for other suit reforms, the deficit would decrease purposes, having met, have agreed that the Now they are going to add $250 billion, House recede from its disagreement to the by $54 billion over 10 years. take it off the table, and say: Well, it amendment of the Senate and agree to the Madam President, $54 billion is how does not count. We are just going to same with an amendment, and the Senate much it would save the government. To add to the deficit $250 billion; that we agree to the same, signed by a majority of put this in perspective, this is twice as can fix the doctors’ payments, but we the conferees on the part of both Houses. much as the Finance Committee plans are not going to pay for it. (The conference report is printed in to raise by taxing medical devices. I think this is pretty outrageous. the House proceedings of the RECORD of During the Finance Committee That is why we are going to have October 13, 2009.) markup, CBO’s Director, Dr. Elmen- amendments to attempt to fix what is The PRESIDING OFFICER. The Sen- dorf, added that he felt the savings to happening to the doctors but to do it in ator from West Virginia. the private sector would be approxi- a fiscally responsible way so we are not Mr. BYRD. I thank the Chair. mately equal to the $54 billion saved by adding to our children’s and our grand- Madam President, I speak today in the government. children’s tax burden in the future. support of the conference report pro- Madam President, $54 billion to de- Madam President, I yield the floor. viding appropriations for the Depart- crease the deficit, and the savings in I suggest the absence of a quorum. ment of Homeland Security for fiscal the private sector is another $54 bil- The PRESIDING OFFICER. The year 2010. I especially wish to thank lion. Under this conservative esti- clerk will call the roll. my ranking member, Senator GEORGE mation, which is substantially less The assistant legislative clerk pro- VOINOVICH, for his cooperation in pro- than what third-party estimates have ceeded to call the roll. ducing the agreement that is now be- shown, enacting medical liability re- Mr. MCCAIN. Madam President, I ask fore the Senate. It has been 8 years—8 form would save at least $100 billion be- unanimous consent that the order for long years—since the attacks of 9/11. tween the government and the private the quorum call be rescinded. There are some people in this country sector over 10 years. The PRESIDING OFFICER. Without who have become complacent about the So why would the Democrats leave objection, it is so ordered. threat of another attack. Don’t count medical liability reform out? Well, me as one of them. I am not one of they did put a Sense of the Senate in f those people. the Finance Committee bill. What are There have been numerous terrorist the savings from the Sense of the Sen- ORDER OF BUSINESS attacks around the globe, including the ate to the private sector and the gov- Mr. MCCAIN. Madam President, par- London, Madrid, and Mumbai bomb- ernment? A big, fat zero. liamentary inquiry: What is the pend- ings. Just last month, a Denver man I will tell you why the Democrats ing business before the Senate? was indicted on a charge of conspiracy left out medical liability reform. It is The PRESIDING OFFICER. There is to use weapons of mass destruction. because it would hurt a Democrat spe- just under 3 minutes remaining in Where? In New York City. So we must cial interest group: they are known as morning business. continue to be vigilant. Nor can we be trial lawyers. Mr. MCCAIN. And then? complacent about Mother Nature’s Howard Dean, the former chairman The PRESIDING OFFICER. Then the power to wreak havoc with a major of the Democratic National Com- Senate will turn to the conference re- earthquake, flood, or hurricane, mean- mittee, put it simply: port on homeland security. ing that such disaster relief will re- [T]he reason why tort reform is not in the Mr. MCCAIN. Madam President, quire the funding provided in this bill. bill is because the people who wrote it did thank you. This year, I have set five goals for not want to take on the trial lawyers in ad- I suggest the absence of a quorum. the Homeland Security Department, dition to everybody else they were taking The PRESIDING OFFICER. The five goals that I trust we all share. on, and that is the plain and simple truth. clerk will call the roll. What are they? No. 1, to secure our bor- Now, that’s the truth. The assistant legislative clerk pro- ders and enforce our immigration laws. I hope as the debate unfolds on the ceeded to call the roll. No. 2, to protect the American people— floor that many of my colleagues on Mr. BYRD. Madam President, I ask your people, my people, the American the other side of the aisle will change unanimous consent that the order for people—from terrorist threats. No. 3, their mind about enacting serious med- the quorum call be rescinded. to prepare for and respond to all disas- ical liability reform. My medical care The PRESIDING OFFICER. Without ters, both manmade and natural. No. 4, access protection amendment is not a objection, it is so ordered. to support our State, local, tribal, and battle of right versus left. It is a battle private sector partners with resources of right versus wrong. f and information. No. 5, to give the De- This amendment is the right pre- partment of Homeland Security the CONCLUSION OF MORNING scription for patients. We need to se- management tools it needs to succeed. cure patient access to quality health BUSINESS I believe the conference report we are care services when they need it the Mr. BYRD. Madam President, I ask presenting today meets those goals. most. I urge my colleagues to adopt unanimous consent that the remaining Funding for the Department of this commonsense amendment when it time in morning business be yielded Homeland Security totals $42.8 billion. is brought to the floor. back. Do you know how much money that is? One last comment. We are going to The PRESIDING OFFICER. Without That is $42.80 for every minute since be adding what is called the doctor fix. objection, it is so ordered. Jesus Christ was born. That is a lot of We are going to be adding the doctor Morning business is closed. money. It is an increase of $2.65 billion

VerDate Nov 24 2008 00:03 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.010 S20OCPT1 smartinez on DSKB9S0YB1PROD with SENATE October 20, 2009 CONGRESSIONAL RECORD — SENATE S10543 over 2009. Again, I thank my friend, the we ought to be doing, and that is what which would have given employers the very able Senator GEORGE VOINOVICH, we have tried to do in this report, to flexibility to voluntarily check their the ranking member, for his notable respond to those five goals Senator entire workforce and not solely new contributions to this legislation. I BYRD outlined. hires. thank Senator DANIEL INOUYE and Sen- As Senator BYRD has indicated, there The administration expressed con- ator THAD COCHRAN, the chairman and is much in this conference report to cerns that the provision could tax the the vice chairman of the Appropria- recommend. I am not going to list all capacity of E-Verify. Let me tell my tions Committee. of the funding recommendations, but I colleagues, E-Verify has the capacity I also thank our able majority and do wish to note some. This is very im- to handle more than 60 million queries minority staff who have worked to- portant: Full funding is provided for a year and it has received less than 8.7 gether to produce this legislation. Let border security. This includes funds to in fiscal year 2009. Capacity does not me name them: Charles Kieffer, Chip support 20,163 Border Patrol agents, seem to be a barrier of this program, Walgren, Scott Nance, Drenan Dudley, 21,124 Customs and border protection and this is an issue I hope we are going Christa Thompson, Rebecca Davies, officers, and 33,400 detention beds. to revisit one of these days. Carol Cribbs, and Arex Avanni. These are the beds we use when we pick I wish to thank the chairman of the Madam President, I thank all Sen- up people and we put them there and Senate subcommittee, my colleague ators, and I urge support for the con- hold them until we return them to from West Virginia, Senator BYRD. It ference report. where they came from. Also included is has been an honor for me to work with The PRESIDING OFFICER. The Sen- $800 million to continue work on the Senator BYRD this year. This is my ator from Ohio. virtual border fence and to improve first year on Appropriations, and who Mr. VOINOVICH. Madam President, I radio communications. do I have as my chairman but the dis- am pleased to join the distinguished Starting in fiscal year 2005, signifi- tinguished Senator from West Virginia. Senator from West Virginia in pre- cant increases have been provided for Mr. BYRD. I thank the Senator. senting the fiscal year 2010 appropria- border and immigration enforcement. Mr. VOINOVICH. Madam President, I tions conference report for the Depart- Fewer people are illegally crossing our wish to thank Mr. PRICE, the ranking ment of Homeland Security. borders. This can be seen in the de- member of the House committee, and As my colleagues know, it is after crease in apprehensions of aliens along Mr. ROGERS for their substantial con- October 1—the start of a new fiscal our borders from nearly 1.2 million in tributions to this bill. It has taken year—and the Department of Homeland fiscal year 2005 to nearly 724,000 in fis- many hours of hard work by these Security’s programs and activities are cal year 2008. More fencing, roads, and Members and their staffs to reach the being funded under a continuing reso- personnel have allowed the Border Pa- agreements which are presented to the lution because we did not complete our trol to increase the number of miles Senate today. While everything is not work on time. I think this is unfortu- over which it has effective control settled to my liking, I believe this is a nate. The House adopted its version of from 253 miles in October of 2005 to 729 balanced set of recommendations the bill on June 24 and the Senate miles in March of 2009. which reflects many of the Depart- adopted it on July 9. Additional agents and detention beds ment’s priorities and achieves a rea- When I was mayor and Governor of have allowed U.S. Immigration and sonable degree of compromise in some Ohio, I would have lost my job if the Customs Enforcement to increase total of the more contentious issues. budget were not done in time or the ap- removals of aliens from nearly 247,000 I again wish to join Senator BYRD in propriations not done on time. I think removals in fiscal year 2005 to approxi- commending our staff. Mr. Kieffer has everyone would agree that this is not mately 347,000 in fiscal year 2008. We been wonderful to work with. The folks the way to properly run our operation. are making significant progress in on my side, Carol and Rebecca. I am a I know of no good explanation as to terms of our border protection and new member of the Appropriations why we could not have resolved our dif- going after these illegal aliens. Committee. I have never seen staff ferences to allow this conference agree- This fiscal year 2010 conference re- work as conscientiously as we have had ment to be signed into law before this port provides nearly $16 billion in ap- for the Appropriations Committee. date. propriations for these activities. This Senator BYRD, it is almost like magic Senator BYRD said the conference re- will allow us to continue making they do such a good job for us. So port recommends a total of $44.1 billion progress, but we still have a long way again, I wish to thank them for their in appropriations to support programs to go and at a great expense. One of good work. and activities of the Department of these days I am going to come to the Madam President, I recommend this Homeland Security. Of this amount, Senate floor and talk about how much conference report to my colleagues for $42.8 billion is for discretionary spend- money we have spent and how much their consideration, and I support it. ing, and this is roughly $254 million money we are going to have to con- I yield the floor. less than the President’s total discre- tinue to spend if we are going to do Mr. BYRD. Madam President, I sug- tionary request. I wish to make that anything about the problems of illegal gest the absence of a quorum. clear, that it is less than the President aliens in this country. The PRESIDING OFFICER. The requested. While this conference report is sig- clerk will call the roll. In addition, $1.4 billion is provided nificant for what it includes, it ex- The bill clerk proceeded to call the for the Coast Guard retired pay—the cludes two important provisions added roll. only mandatory appropriations ac- to this bill when it was considered by Mr. TESTER. Madam President, I count in the conference report—and this Senate, including a permanent ex- ask unanimous consent that the order $241.5 million is provided for Coast tension of the E-Verify program and for the quorum call be rescinded. Guard overseas contingency oper- the extension of E-Verify to current The PRESIDING OFFICER. Without ations. employees. I would have preferred to objection, it is so ordered. The conference report includes sig- have the conference agreement to in- Mr. TESTER. Madam President, I nificant resources for border security clude both provisions, but my House congratulate Chairman BYRD and Sen- and enforcement of our immigration colleagues were not so inclined. Even ator VOINOVICH in getting this con- laws, for continued improvements in though this conference agreement does ference report to the Senate today. security at our Nation’s airports and not permanently authorize E-Verify This is a very good example of good modes of surface transportation, for programs as opposed to the Senate bill, work that comes from folks who work the Coast Guard operations and recapi- it does extend the program’s authoriza- together to get things done. talization, for helping our citizens pre- tion for an additional 3 years, allowing With good funding levels for our fire- pare for and recover from natural dis- its continued development as a crucial fighter support programs and funding asters, and for equipping and training tool for employers to ensure a legal for two emergency operations centers our Nation’s first responders. I think workforce. However, it does not include critical to my State, this is a bill that Senator BYRD did a beautiful job in the Senate provision offered by my col- does right by the folks to keep America terms of his five reasons and the things league from Iowa, Senator GRASSLEY, safe every day.

VerDate Nov 24 2008 00:03 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.015 S20OCPT1 smartinez on DSKB9S0YB1PROD with SENATE S10544 CONGRESSIONAL RECORD — SENATE October 20, 2009 There is one issue, however, that still or commissioned any study to deter- The Senator from Oklahoma is recog- gives me great concern; that is, the mine whether foot-and-mouth disease nized. funding in this bill for the proposed Na- work can be done safely on the main- Mr. COBURN. Mr. President, I be- tional Bio and Agro-Defense Facility. land. lieve we are going to be considering the The final conference report includes Proponents of this facility have said Homeland Security conference report. I my amendment requiring DHS to con- it is OK to do this research because the want to spend a few minutes talking duct a security and risk mitigation new Kansas facility will have the most about that so that the American public study before getting any money for modern technology and all the safety might realize what we are doing. This construction of the bio facility. It also bells and whistles that Plum Island year’s spending totals have averaged, includes an additional requirement lacks. But the GAO rightfully argues on individual appropriations bills, any- that the National Academy of Sciences this view only encourages a false sense where from a high of 24 percent to a puts its independent eyes on the De- of security. low of about .6 percent, on one bill that partment’s study before funds go out The GAO says: had received twice its annual appro- the door. Even with a proper biosafety program, priation in the stimulus. We have of This is a good start, but it is not human error can never be completely elimi- course a conference report that is $42.7 enough. I do not understand why we nated. Many experts told us that the human billion. That is a 6.5, almost 7-percent are going to appropriate $30 million for component accounts for the majority of acci- increase over last year, the same the a project we need not one but two stud- dents in high-contaminant laboratories. This year before, and a 23-percent increase ies about whether this project can risk persists, even in the most modern facili- the year before that. There is no ques- ties and with the latest technology. move forward safely. tion, homeland security is an impor- Independent experts have real con- I know I am not the only Senator tant part. cerns about building the NBAF in the who shares the GAO’s concern. So I The issue I want to raise with my heart of the beef belt where an acci- look forward to working with many of colleagues and the American people is, dental or intentional release of foot- my colleagues on this issue again next we had inflation of 1.5 percent last and-mouth disease could have disas- year. We do need to pay attention to year. We do have one bill, one bill that trous consequences for America’s live- what these studies say, and as a mem- has come in at inflation or less. All the stock industry, and that industry in- ber of this subcommittee, I will be rest are averaging around 10, 11, 12 per- cludes Montana where the livestock in- watching it very closely. cent increases. We ought to be con- dustry is a $1.5 billion industry. The Department is going to come cerned about what the Congress is This facility will house some of the here next spring with a $500 million re- doing in terms of increasing the spend- most dangerous agricultural diseases quest for funding for this project. That ing in light of the fact that we have around the world. We should not start is a lot of money. But the true cost of just finished a year in which we had a doing this research on the U.S. main- doing this research in the middle of published $1.4 trillion deficit. But those land and in the middle of tornado alley tornado alley could be much higher. are Enron numbers. That is Enron ac- without taking every possible pre- The cost of cleaning up after an FMD counting because we didn’t recognize caution. release—the culling of entire herds of all the money we borrowed from trust On a matter this serious, we ought to livestock, the loss of foreign agricul- funds that don’t go to the public debt, measure twice and cut once. Regret- tural sales that will endure for years that are internal IOUs that our chil- tably, by giving the Department $30 after a release, and the loss of Amer- dren nevertheless will still have to pay million this year, we are not heeding ica’s food security—will be measured in back. that old saying. the tens of billions of dollars. That is The real reason I want to talk about The GAO, the subcommittee, and something America cannot afford, and this bill is because it purports to have independent experts acknowledge that we must not let it happen. an amendment on competitive bidding. we do not know if this research can be Madam President, I yield the floor I will grant that the amendment is bet- done safely on the U.S. mainland. We and suggest the absence of a quorum. I ter than no amendment, but the Amer- all agree that an accidental release of ask that the time be equally divided ican people should be outraged at what foot-and-mouth disease or another dan- between both sides. we have done on competitive bidding in gerous disease from this facility would The PRESIDING OFFICER. Without this bill. What we have said is we want devastate America’s livestock indus- objection, it is so ordered. The clerk competitive bidding—except for our try. Yet we are providing the money to will call the roll. friends. If you are connected to a Sen- go ahead with it anyway. The bill clerk proceeded to call the ator through an earmark or if you are Why not just wait and do the studies roll. connected through a grant process, this year and then the Department can Mr. BYRD. Madam President, I ask what we have done is taken a large come back to us with their revised unanimous consent that the order for number of grants and directed them funding request next year? the quorum call be rescinded. specifically without competitive bid- I understand this has to do with get- The PRESIDING OFFICER. Without ding. What does that mean to the proc- ting Kansas to sign a cost-sharing objection, it is so ordered. ess? What does that do to the integrity agreement. But are we convinced Kan- f of the process? It says if you are well sas will not put forward the money heeled and well connected, then in fact RECESS next year if this facility is to be built you can have what you want on a non- there? Mr. BYRD. Madam President, I ask competitive basis, because that is what If this facility is built in Kansas, the unanimous consent that the Senate the amendment in the bill says. But if United States will become the only stand in recess until the hour of 2:15 in fact you are not, then you will have country, other than England and Can- p.m. today. to compete on the basis of merit and ada, to do FMD research on a main- The PRESIDING OFFICER. Without price like everybody else in the coun- land. Everyone else does it on an is- objection, it is so ordered. try. land. Thereupon the Senate, at 12:26 p.m., Once again we have earned our lack England had an accidental release in recessed until 2:15 p.m. and reassem- of endorsement by the American public 2007 which led to eight separate out- bled when called to order by the Pre- because of what we have said: ‘‘Unless breaks of FMD on farms surrounding siding Officer (Mr. CARPER). otherwise authorized by statute with- their facility. Canada at least does it in f out regard to the reference statute.’’ an urban area far from livestock pro- Those are fancy words for saying we duction areas. DEPARTMENT OF HOMELAND SE- want competitive bidding on every- Congress’s nonpartisan, independent CURITY APPROPRIATIONS ACT, thing except earmarks and the congres- auditor, the Government Account- 2010—CONFERENCE REPORT—Con- sional directive we have in this bill. ability Office, has sounded the alarm tinued That means if you have a business on this issue. They are telling us that The PRESIDING OFFICER. Who and you have an earmark, you didn’t Homeland Security has not conducted seeks recognition? have to be the best business to get

VerDate Nov 24 2008 00:03 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.017 S20OCPT1 smartinez on DSKB9S0YB1PROD with SENATE October 20, 2009 CONGRESSIONAL RECORD — SENATE S10545 that, to supply the Federal Govern- lion less than the total provided in the nized crime threat in America today, ment whatever it is. If you are a grant Senate bill, but $159 million higher replacing the Mafia. The kind of tar- recipient and got earmarked, you than the House funding total, and geted and grisly violence we are seeing didn’t have to be the one with the seems to me to be a fair compromise. in Mexico is unprecedented. Thanks to greatest need, No. 1, or the most effi- The resources provided in the bill are this funding, DHS will be able to send cient way to generate the dollars sufficient to carry out the Depart- almost 300 additional law enforcement through that grant. What it does is it ment’s core missions of protecting the officers to our ports of entry in order puts on its ear any semblance of fair homeland against the threat of ter- to conduct southbound inspections and play, No. 1; and, No. 2, it takes away rorism, securing our borders, enforcing interdict the illegal flow of cash and the initiative for everybody else who our immigration laws, and preparing guns into Mexico that is fueling the now is going to get a competitive bid. for and responding to terrorist attacks cartels’ ruthless attacks against the What it is going to do is drive a greater and natural disasters. Mexican Government. demand for earmarks in the future. While there are many programs and The funding will also add hundreds of activities at DHS deserving of funding We ought to ask ourselves the fol- ICE investigators to work on drug, cur- above the level provided in this bill, we lowing question: If this is taxpayer rency, and firearms cases in the border are in a time of serious economic chal- money and our grandchildren’s region, and will expand the Border En- lenge, and obviously tough choices had money—because 43 percent of this bill forcement Security Task Force fusion to be—and were—made in putting this is going to be borrowed—is it morally centers that ICE has established along legislation together. correct, is it intellectually honest that the southwest border. This funding was we would say: If you are connected, if This bill reflects the priorities of a department that has made great badly needed to help Federal, State, you have an ‘‘in,’’ you don’t have to and local law enforcement agencies meet the same level of responsibility strides in the last 6 years but still faces many hurdles in fulfilling the mission take down these sophisticated and dan- and accountability as those who are Congress laid out for it in 2002. Senator gerous drug and human smuggling net- well connected? I think that is a great COLLINS and I have worked together works. The Mexican drug cartels rep- question for us to debate. resent a clear and present threat to Unfortunately, a real competitive since DHS was created—alternating as chairman and ranking member of the homeland security, and I remain fully bidding amendment was not agreed to committed to working with the admin- in this bill that would put all of it at primary authorizing committee for the Department—to strengthen the Depart- istration to support our Federal law competitive bidding. Senators have the ment’s ability to carry out its many enforcement agencies in this crucial right to say we ought to do something. national security assignments, to fight. But they don’t necessarily have the strengthen its management, facilitate Third, this bill continues funding for right to say we ought to do something its integration, and to hold its leader- the Homeland Security grant programs and this person ought to benefit from ship accountable to an American public that our first responders need to pre- it. It is not ours to give away. When we that has a right to be safe and secure pare for acts of terrorism and natural do things as we have done in this bill within the borders of our own Nation. disasters at the State, local, and tribal to protect those most well heeled, In May, I wrote to Chairman Byrd levels. Funding for the State Homeland those most well connected to the Con- and Ranking Member Voinovich set- Security Grant Program, which pro- gress, by saying everybody else is going ting forth what I believed to be the vides basic preparedness funds to all to play under one set of rules but if, in most significant appropriations prior- States and is the largest of DHS’s fact, you have a friend or a connection ities for the Department, and I am grant programs, remains steady from or an earmark or a directed grant, you grateful that a number of my rec- last year at $950 million, including $60 don’t have to play by those rules, not ommendations have been incorporated million for grants focused on border se- only is it unfair to everybody else who into this bill. Let me briefly discuss a curity, essentially the full level au- does not have to play by those rules, it few sections of this bill that I believe thorized by Congress in the Imple- actually undermines the value of what are particularly important to our menting Recommendations of the 9/11 we do. homeland security. Commission Act of 2007. Funds for On the basis of that and the spending First, I am pleased the Appropria- Urban Area Security Initiative, UASI, levels, I plan on opposing the Home- tions Committee recognized that the grants, which provide resources to the land Security conference report. My Department’s management and oper- Nation’s highest risk metropolitan hope is that we will get better, that in ations accounts need adequate funding areas, are increased by nearly $50 mil- fact we will not play games with the if DHS is to succeed as it must. Sec- lion over last year. American public, that we will not say retary Napolitano has emphasized the I am also pleased that funding for our friends get to get treated dif- need to create ‘‘One DHS’’ where the SAFER grants which assist local fire ferently than anybody else in this Department’s many components are departments with the cost of hiring country and that every dollar we spend working closely together. To accom- new firefighters was doubled to $420 we can assure to the American tax- plish this, the offices for policy, human million for fiscal year 2010. In this era payer is going to go to the best firm to capital, acquisition, and information of budget constraints, this funding will do that based on a competitive bid so technology need additional resources, help ensure that communities are able we actually get the best value for the and all received significant increases in to continue to staff their local hard-earned dollars that are being their budgets. The additional invest- firehouses. spent. ment in acquisition oversight is par- I yield the floor. ticularly gratifying, as it will improve The Appropriations Committee has Mr. LIEBERMAN. Mr. President, I the Department’s ability to oversee the also wisely restored a significant por- rise to urge my colleagues to vote for $12 billion it spends each year on con- tion of the funding cut from the Presi- passage of the fiscal year 2010 appro- tracts with the private sector to better dent’s budget for assistance to fire- priations bill for the Department of ensure our tax dollars are not wasted fighter grants. These grants fund es- Homeland Security. on bloated or ineffective programs. sential equipment, vehicles and train- First, I want to thank my colleagues Second, this bill, together with the ing for firefighters. However, the $390 on the Appropriations Subcommittee funding provided in the fiscal year 2009 million for these grants still represents on Homeland Security, Chairman Byrd supplemental, significantly increases a cut of nearly one-third below the fis- and Ranking Member Voinovich, as resources for combating violence on cal year 2009 appropriation. I hope that well as full Committee Chairman and our southern border and includes the next year the funding for this impor- Ranking Member Inouye and Cochran bulk of the $500 million increase in bor- tant program will be brought fully up for all the hard work and consideration der security funding Senator COLLINS to its previous level. they brought to this bill. and I successfully added to the Senate Fourth, this bill wisely supports the The overall bill, which provides budget resolution in March. administration’s request for a signifi- $42.776 billion in discretionary funding The FBI has said that the Mexican cant increase in funding for cybersecu- for DHS in fiscal year 2010, is $151 mil- drug cartels are the number one orga- rity at DHS which has been identified

VerDate Nov 24 2008 00:03 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.020 S20OCPT1 smartinez on DSKB9S0YB1PROD with SENATE S10546 CONGRESSIONAL RECORD — SENATE October 20, 2009 as one of our top national security pri- Senate Judiciary Committee during a Vermont business enterprises can mar- orities. The Department needs re- recent hearing about this program, the ket their investment opportunities to a sources to protect Federal civilian net- biggest impediment to the EB–5 re- global audience. My efforts will con- works from cyber-related threats and gional center program is its lack of tinue in support of the regional center to work with the private sector to pro- permanence. I have long believed in the program. I look forward to helping tect their networks and infrastruc- potential of this program as an eco- Vermont and States across the country tures. The Homeland Security and Gov- nomic engine for America’s commu- realize the full potential of this pro- ernmental Affairs Committee is cur- nities. Given the recent and rapid ex- gram through a permanent authoriza- rently working to develop legislation pansion in the number of approved re- tion. that strengthens the government’s au- gional centers around the country, it is I am also pleased that the conference thorities with respect to cybersecurity, clear that many Americans recognize retained an important measure to cor- so this funding decision is particularly this potential, as well. rect a serious inequity in immigration important. In an effort to make this program an law commonly known as the widow Fifth, this bill adds $25 million above integral part of our immigration sys- penalty. Prior to the corrective amend- last year’s appropriation to support co- tem, I offered an amendment to the ment contained in this legislation, a ordination, management and regula- Homeland Security appropriations bill foreign national widow or widower of a tion of high-risk chemical facilities on the Senate Floor to provide for its U.S. citizen was put into the untenable and brings DHS regulator staff to 246— permanent authorization. That amend- position of not only losing their spouse an increase of 168 over the 2009 staffing ment was overwhelmingly adopted. Un- but losing their lawful permanent resi- level. fortunately, the conference committee dence and path to U.S. citizenship. To This bill makes other essential did not retain that permanent author- underscore the nature of this injustice: homeland security investments in port ization, and once again, irrational im- In cases where a marriage was entered security, transit security, science and migration politics got in the way of in good faith and without any fraud or technology, and biosecurity, all of good policy. Instead of making perma- ill intent, if the U.S. citizen spouse which are critical to the overall secu- nent a program that has created thou- passed away during the period of condi- rity of the Nation. sands of American jobs and brought tional residency, the immigration I believe that overall this is a strong more than $1 billion of capital invest- agency took the position that the and essential piece of legislation. I ment into our communities since 2006, widow or widower no longer had stand- thank the leadership and the members the conference was compelled to sac- ing to become a lawful permanent resi- of the Appropriations Committee for rifice this opportunity for no legiti- dent. This is wrong, and for a society their work on this bill and strongly mate reason. However, it is still heart- that places such great value on family, urge my colleagues to support its pas- ening to know that over the next 3 a truly unfortunate position. The sage. years the citizens who are working to amendment in this legislation, which I Mr. INOUYE. Mr. President, I submit better their communities through the and other Senators worked hard to en- pursuant to Senate rules a report, and regional center program will be able to sure was retained in the conference re- I ask unanimous consent that it be do so without the fear of constant port, will end this injustice. printed in the RECORD. interruption and uncertainty. The conference report also contains There being no objection, the mate- I want to take a moment to com- an amendment to extend a visa pro- rial was ordered to be printed in the mend all of the resourceful business gram that allows individuals from RECORD, as follows: people who have turned to this pro- around the world dedicated to working DISCLOSURE OF CONGRESSIONALLY DIRECTED gram to finance key economic develop- on behalf of their religious faiths to SPENDING ITEMS ment projects in their communities. come to the United States to do just I certify that the information required by Despite the hurdles that have contin- that. I am pleased that the efforts I rule XLIV of the Standing Rules of the Sen- ually hampered the efforts I have led to and others made to ensure this meas- ate related to congressionally directed renew the program, the stakeholder ure was retained have resulted in its spending items has been identified in the conference report which accompanies H.R. community has not only continued to adoption. 2892 and that the required information has work hard on improving local econo- Finally, I commend the conference been available on a publicly accessible con- mies across the country, but has di- committee for rejecting an amendment gressional website at least 48 hours before a rectly engaged Members of Congress to that would have done little more than vote on the pending bill. ensure that this program does not waste taxpayer dollars and cause fur- Mr. LEAHY. Mr. President, I am wither away. As a result of their ef- ther harm to the rights of property pleased that the Senate has passed the forts to retain a strong extension in owners and the environment along our Department of Homeland Security ap- the conference report, I am confident southern border. The conference com- propriations conference report. This that many more Members of Congress mittee wisely rejected an amendment legislation contains important funding have a better understanding of this that would have, in effect, required the for the Department of Homeland Secu- program’s potential and importance in Department of Homeland Security to rity to carry out its various respon- their own communities. tear down and rebuild hundreds of sibilities. I commend Chairman INOUYE These stakeholders all deserve miles of barriers between the United and Subcommittee Chairman BYRD for thanks for the jobs and capital invest- States and Mexico that have already their hard work on this legislation, and ment they are bringing to their com- been constructed, at enormous expense also for their support of a vibrant im- munities. In Vermont, people like Bill to taxpayers. The Secure Fence Act, a migration program that fosters direct Stenger at Jay Peak Resort and Win piece of legislation I strongly opposed, investment in U.S. job creation that is Smith at Sugarbush Resort have used directed the Department of Homeland extended through this legislation. the EB–5 program to keep Vermont’s Security to build border fencing and The conference report we will pass ski industry a vibrant and foundational other barriers as a response to illegal today contains a 3-year extension for part of the Vermont economy. As a di- border crossings. The Department car- the EB–5 regional center program. This rect result of the EB–5 regional center ried out this legislative command dur- extension will bring badly needed sta- program and in a very difficult eco- ing the Bush administration and con- bility to this program. Foreign inves- nomic environment, dozens of sub- structed pedestrian fencing with vehi- tors who look to the regional center contractors in Northeastern Vermont cle barriers and other infrastructure. program must have the confidence that are hard at work on a project financed The amendment that was rejected by the Federal Government supports and through the EB–5 Regional Center pro- the conference committee would have believes in this program. Stakeholders gram. And in an effort to build on compounded the negative effects that that rely on financing through this these successes, the State of Vermont attended the border fence’s original program must have the predictability is actively involved in working to ex- construction, and wasted taxpayer dol- that this 3-year extension will help pand the business sectors covered by lars in the process. I commend the con- provide. As the U.S. Citizenship and Vermont’s regional center so that tech- ference for its wisdom in not accepting Immigration Services expressed to the nology firms and other diverse this amendment.

VerDate Nov 24 2008 02:13 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.021 S20OCPT1 smartinez on DSKB9S0YB1PROD with SENATE October 20, 2009 CONGRESSIONAL RECORD — SENATE S10547 Mr. President, I commend the Senate by Federal agencies to deny Ameri- the Department of Homeland Security for enacting the Leahy-Cornyn OPEN cans’ FOIA requests. This is an alarm- Appropriations Act for fiscal year 2010. FOIA Act—a commonsense bill to pro- ing statistic that should concern all of The conference report provides $42.8 mote more openness regarding statu- us, regardless of party affiliation or billion in discretionary budget author- tory exemptions to the Freedom of In- ideology. ity for fiscal year 2010, which will re- formation Act, FOIA—as part of the By enacting the OPEN FOIA Act, sult in new outlays of $25.5 billion. Department of Homeland Security Ap- Congress has taken an important step When outlays from prior-year budget propriations Act, H.R. 2892. This FOIA towards shining more light on the authority are taken into account, dis- reform measure builds upon the work process of creating legislative exemp- cretionary outlays for the conference that Senator CORNYN and I began sev- tions to FOIA, so that our government eral years ago to reinvigorate and will be more open and accountable to report will total $46.6 billion. strengthen FOIA by enacting the first the American people. I thank Senators The conference report includes $242 major reforms to that law in more than LIEBERMAN, GRAHAM and CORNYN, and million in budget authority designated a decade. Representative PRICE, for working with as being for overseas deployments and The Freedom of Information Act has me on this measure. I also thank the other activities for the Coast Guard. served as perhaps the most important distinguished chairmen and ranking Pursuant to section 401(c)(4) of S. Con. Federal law to protect the public’s members of the Senate and House Ap- Res. 13, the 2010 budget resolution, an right to know for more than four dec- propriations Committees—Senators adjustment to the 2010 discretionary ades. The OPEN FOIA Act will help to INOUYE and COCHRAN and Representa- spending limits and the Appropriations ensure that FOIA remains a meaning- tives OBEY and LEWIS—for their sup- Committee’s 302(a) allocation has been ful tool to help future generations of port of this open government measure. made for this amount in budget au- Americans access government informa- President Obama—who supported the thority and for the outlays flowing tion. OPEN FOIA Act when he was in the therefrom. The OPEN FOIA Act will make cer- Senate—has demonstrated his commit- tain that when Congress provides for a ment to enacting this measure, as have The conference report matches its statutory exemption to FOIA in new the many FOIA, open government and section 302(b) allocation for budget au- legislation, Congress states its inten- media organizations that have tire- thority and is $2 million below its allo- tion to do so explicitly and clearly. In lessly supported this measure since it cation for outlays. recent years, we have witnessed a was first introduced in 2005, including The conference report includes provi- growing number of so-called ‘‘FOIA OpenTheGovernmnet.org, the Sunshine sions that make changes in mandatory (b)(3) exemptions’’ in proposed legisla- in Government Initiative, the National programs that result in an increase in tion—often in very ambiguous terms— Security Archive and the American direct spending in the 9 years following to the detriment of the American Civil Liberties Union. the 2010 budget year. These provisions public’s right to know. I have said many times before—dur- are subject to a point of order estab- During a recent FOIA oversight hear- ing both Democratic and Republican lished by section 314 of S. Con. Res. 70, ing held by the Judiciary Committee, administrations—that freedom of infor- the 2009 budget resolution. The con- the president and CEO of the Associ- mation is neither a Democratic issue ference report is not subject to any ated Press, Tom Curley, testified that nor a Republican issue. It is an Amer- other budget points of order. legislative exemptions to FOIA ‘‘con- ican issue. I commend the Congress for I ask unanimous consent that the stitute a very large black hole in our taking this significant step to reinvigo- table displaying the Budget Committee open records law.’’ The Sunshine in rate FOIA and I urge the President to scoring of the conference report be Government Initiative, a coalition of promptly sign this provision into law. media groups dedicated to improving Mr. CONRAD. Mr. President, I rise to printed in the RECORD. government transparency, has identi- offer for the record, the Budget Com- There being no objection, the mate- fied approximately 250 different statu- mittee’s official scoring of the con- rial was ordered to be printed in the tory exemptions to FOIA that are used ference report to accompany H.R. 2892, RECORD, as follows: H.R. 2892, DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2010 [Spending comparisons—Conference Report (in millions of dollars)]

General Defense Purpose Total

Conference Report: Budget Authority ...... 1,567 41,209 42,776 Outlays ...... 1,395 45,239 46,634 Senate 302(b) Allocation: Budget Authority ...... 42,776 Outlays ...... 46,636 Senate-Passed Bill: Budget Authority ...... 1,582 41,335 42,917 Outlays ...... 1,404 45,296 46,700 House-Passed Bill: Budget Authority ...... 1,553 41,064 42,617 Outlays ...... 1,390 44,931 46,321 President’s Request: Budget Authority ...... 1,365 41,473 42,838 Outlays ...... 1,219 45,168 46,387 Conference Report Compared To: Senate 302(b) allocation: Budget Authority ...... 0 Outlays ...... ¥2 Senate-Passed Bill: Budget Authority ...... ¥15 ¥126 ¥141 Outlays ...... ¥9 ¥57 ¥66 House-Passed Bill: Budget Authority ...... 14 145 159 Outlays ...... 5 308 313 President’s Request: Budget Authority ...... 202 ¥264 ¥62 Outlays ...... 176 71 247 Note: The table does not include 2010 outlays stemming from emergency budget authority provided in the 2009 Supplemental Appropriations Act (P.L. 111–32). The conference report includes $242 million in budget authority designated as being for overseas deployments and other activities for the Coast Guard.

AIR FORCE AERIAL REFUELING TANKER pedited acquisition of the next aerial the Air Force for this vital procure- Mr. HATCH. Mr. President, I rise refueling tanker for the Air Force. We ment program. This program will ulti- today with my fellow cochair of the were pleased to hear Secretary Gates mately produce 179 new KC–X aerial re- Senate Tanker Caucus, Senator announced on September 16 that he fueling tankers through one of the CONRAD, to lend my support to the ex- was giving oversight authority back to largest military procurement contracts

VerDate Nov 24 2008 02:13 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.024 S20OCPT1 smartinez on DSKB9S0YB1PROD with SENATE S10548 CONGRESSIONAL RECORD — SENATE October 20, 2009 in history, worth approximately $35 venerable KC–135 is by far the oldest energy he had, speaking with verve and billion. airframe in our inventory. The genera- pluck about his plight, he told us about Mr. CONRAD. While it is important tion of men and women that defend our what had happened to him—how he was to acknowledge that the KC–135 re- freedom deserve an aerial refueling shunned in the class, how he was placement flight path was turbulent at tanker that capitalizes on the innova- locked in a room, how children were times, we rise to commend the Air tions of today while providing the tax- forbidden to play with him. He lived a Force for its plan to carry out the serv- payer the best value. life of isolation and a life of desolation. ice’s No. 1 recapitalization priority. The PRESIDING OFFICER. The Sen- He was treated like a pariah. The Air Force has presented a re- ator from Maryland is recognized. He wasn’t the only one. Anyone who vamped KC–X plan after a rigorous re- Ms. MIKULSKI. Mr. President, I ask had AIDS in those days was greeted as view of previous acquisition strategy. unanimous consent to speak for 7 min- if they were the untouchables. I re- The new plan belies the fact that the utes as in morning business. member it well. If you had AIDS, you Air Force is committed to a fair, open, The PRESIDING OFFICER. Without were hated, you were vilified, you were and transparent competition. On Sep- objection, it is so ordered. viewed as a pariah. People were afraid tember 25 the draft Request for Pro- RYAN WHITE AUTHORIZATION to get near you, afraid to use the water posal was released, restarting the proc- Ms. MIKULSKI. Mr. President, I fountain. If you heard someone in our ess to ensure our men and women in want to talk today about the Ryan office had AIDS, you didn’t want to use uniform have an aerial refueling tank- White authorization. The Ryan White the same bathroom. er that will continue our unmatched authorization passed last night by, Firefighters and emergency people Global Reach anywhere on the planet. really, unanimous approval. As many were afraid to touch people bleeding at It goes without saying now is the time people know, the Ryan White legisla- the site because they were concerned to produce a timely, cost-effective, tion is one of the most important they could get it. Funeral homes would war-winning system for the war fight- pieces of legislation to fund help for not bury people who had AIDS. I re- er. The operations our nation is con- those people living with HIV and AIDS. member a little girl who died in my ducting today and will conduct for the I want to comment on the impor- State who had AIDS, and only one fu- foreseeable future and require our air- tance of the bill, but essentially, in to- neral home in the Baltimore area men, soldiers, sailors, and marines to day’s world, remind people of where we would bury her. This is the way it was operate in remote locations that need were and how far we have come. I want then. to be supplied and defended without to talk about the importance of the As that little boy spoke, we were delay. bill. I could cite statistics from my gripped by tears and we were gripped Mr. HATCH. The current KC–X pro- own State. I have a State with one of by shame, we were so embarrassed at posal has been refined to 373 key man- the largest numbers of surviving AIDS what was happening in our country. datory requirements that will allow patients, for which we are so happy and Both sides of the aisle were touched. this new tanker to ‘‘Go to War’’ on day grateful. I have over 34,000 Marylanders The Senate stepped up and they did it 1. There are 93 additional areas that living today with HIV and AIDS. on a bipartisan basis. I was so proud will enable offerors to enhance their As I said, the passage was almost that day when Senator Ted Kennedy, proposals. If the bids are within 1 per- unanimous. The debate was non- whom we miss dearly, said: Tell me, cent of one another, the 93 additional controversial. It was the same way in young man, what can we do for you? capabilities will be analyzed to break our Health, Education Committee. Our And he said: Help the other kids. this virtual tie. If a competitor has a debate was quite civil. It was even pol- Help the other people who have AIDS. score that wins by more than one point icy wonkish. We were focusing on the Ted said: I certainly will. then the award will go to that con- details of funding, how to include more And Senator ORRIN HATCH imme- tractor. If the tally of additional re- assistance for rural communities where diately stepped up—sitting next to quirements score is less than a one there is a spike in the number of AIDS Kennedy—and said: I want to be in- point difference, the contract will be cases. It was actually quite civil and volved. I want to work on that legisla- awarded to the contractor with the collegial—robust as it always is in the tion. lowest proposed price. After reviewing HELP Committee. But as I sat there Ted Kennedy, ORRIN HATCH, CHRIS this process, we believe it is very clear and listened to my colleagues—and it DODD, TOM HARKIN, BARBARA MIKULSKI, and transparent. The contract award was somewhat dull, the usual—I NANCY KASSEBAUM—we all came to- has been projected for May 2010. thought back to 1990 when it was not gether. We worked on a bipartisan Mr. CONRAD. Mr. President, we are like that at all. basis and we did move the Ryan White concerned that the plan is only pro- I say that today as we take up health bill against the grain of many people in jected to purchase 15 tankers each year reform. We are gripped by fear, we are this country and in the face of the fear from the winning offeror. As you re- gripped by frenzy where all kinds of and frenzy. member, the last contract was struc- myths and misconceptions are out As Ryan White left with his mother tured to purchase 19 tankers per year. there. The debate is prickly. It is tense. that day, as he walked out in a very It is imperative we find a way to in- We don’t listen to each other. We are halting way, he was gripped by a media crease the rate at which we purchase out there, hurtling, hurling accusa- frenzy. The noise went on. They were this new tanker especially given the tions. pushing and shoving to try to get a pic- time we have lost. If we stay on the I want to go back to a day in 1990, a ture of this poignant little lad. Senator current course, we will be relying on day in the HELP Committee chaired by Kennedy jumped up, built like the line- 80-year-old KC–135s when the last new Senator Kennedy, when this young boy, backer he once was in Harvard, and ran KC–X comes off the assembly line—an Ryan White, came to testify. Ryan out and he said, ‘‘BARB, come with me; absolutely unprecedented age for oper- White was diagnosed with AIDS at age CHRIS, get over there; ORRIN, grab that ational aircraft, especially such a crit- 13. He came to testify at the committee chair.’’ We all ran out and Ted Ken- ical enabler that we rely on to ensure when we were trying to figure out what nedy literally threw himself in front of America’s Global Reach. We must ac- to do with this new disease that was Ryan White to protect him from being celerate this purchase. gripping the land, where people in our run over by TV cameras. Mr. HATCH. Mr. President, we are in urban communities were dying, adults Again, both sides of the aisle, we great need of a new aerial refueling who contracted it. Here was this little were there—Ted, calling this out— tanker now. No one can dispute this boy who came, who was so frail, who CHRIS, you go there; BARB, open the fact; the President, the Secretary of was so sick, and he wrenched our door; ORRIN, stick with me, and ORRIN Defense, and the Secretary of the Air hearts that day as he talked about this stuck with him. They put their arms Force have all said so. President Eisen- new disease that he had gotten. He had around him and got him into a safe hower was our first President to see gotten it through a blood transfusion. haven in one of our offices. the current refueling tanker in service But what he also told us about was Ted Kennedy literally put himself on and it has served through every contin- what he was going through. He testi- the line that day of fear and frenzy, gency for over almost 50 years. The fied that day, mustering every bit of and Republicans were right there with

VerDate Nov 24 2008 02:13 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.026 S20OCPT1 smartinez on DSKB9S0YB1PROD with SENATE October 20, 2009 CONGRESSIONAL RECORD — SENATE S10549 him, helping him out to get that young procedures Congress laid out in the and ill-advised comments and action man to a safe room. Ted Kennedy pro- past. taken with respect to the Gitmo de- tected that little boy that day, lit- Prosecuting these individuals in our tainees. The detainees at Guantanamo erally and figuratively, and he had the U.S. courts simply will not work and are some of the most senior, hardened, support of the committee. there is too much at stake to grant the and dangerous al-Qaida figures we have So as we move ahead today, as we re- unprecedented benefit of our legal sys- captured. It is imperative that the authorize the Ryan White program for tem’s complex procedural safeguards to President satisfy the concerns of Con- 4 more years, remembering that it is foreign nationals who were captured gress and the American public before the largest source of Federal funding outside the United States during a we should fund the transfer of any of for HIV/AIDS programs, I want us to time of war. Allowing these terrorists these detainees to U.S. soil for any rea- remember how we worked together, to escape conviction, or worse yet, to son. what it is like when we literally stand be freed into the U.S. by our courts, be- The PRESIDING OFFICER. The Sen- up for each other. Ted Kennedy lit- cause of legal technicalities would tar- ator from Alabama is recognized. erally protected that child 19 years nish the reputation of our legal system Mr. SESSIONS. Mr. President, I ago. He stood up and protected the peo- as one that is fair and just. Prohibiting thank the Senator from Georgia for his ple who count on us to protect them the detainees from entering into the comments. Having served on the Judi- every day. It was a moving day. It was U.S. is one small step in the right di- ciary Committee and the Armed Serv- a lesson to be learned today—Ted Ken- rection. However, this legislative loop- ices Committee with Senator nedy leading the way, the ranking hole is a step in the wrong direction. CHAMBLISS, we had a number of hear- member by his side, all of us coming In May, the Senate voted 90 to 6 to ings on these issues. I agree with Sen- together. prohibit any of these hardened terror- ator CHAMBLISS that there is no prac- What I also remember that day was ists from being brought to the United tical alternative to the process we are not only our bipartisanship and our States. Despite this clear objection, using. It is right and just to do so, to compassion and our civility with this the administration transferred one de- use the one, at least, we have been little boy and with each other, I re- tainee, Ahmed Ghailani, to New York using at Guantanamo Bay. member the angry mob out there, wor- City in June. He is facing a trial in the To create trials in Federal district rying about people who had AIDS, fin- Southern District of New York for his court using American rules of proce- ger pointing. I guess the lesson of role in the August 7, 1998 bombings of dure such as Miranda and the exclu- today is don’t listen to the mob. Don’t two U.S. embassies in Africa. Some of sionary rule is not the kind of thing be swayed by fear and frenzy. Let’s get my colleagues in the Senate have tout- that ought to be done in this case. He rid of misconceptions and stop accus- ed this as an example of how we can has given a lot of thought to it, and I ing each other. Let’s start to work to- bring criminal charges against the appreciate it. In essence, he is dis- gether. Let’s listen to each other. Gitmo detainees and try them in our appointed that the conference com- Maybe 20 years from now when we courts. However, Ghailani was indicted mittee altered language we passed by look back on the debate of health in- on March 12, 2001, a full 6 months prior an overwhelming majority in this Sen- surance reform, we will pass it and to the terrorist attacks of 9/11 and ate. That is exactly what I am going to make it, and it will be so usual and after a full investigation by the Fed- talk about today. customary, and we will be proud of eral Bureau of Investigation. The case I am disappointed that those in the what we did as we are proud of what we against Ghailani was built long before leadership in this Congress, without did today. Ryan White is no longer he was transferred to Gitmo in 2006. To discussion or debate, have decided to with us. But what he helped inspire a imply that other detainees, many of dramatically alter the amendment I of- nation to do is. I thank him and his whom the FBI has not investigated or fered that was accepted unanimously family and all who endured during that collected evidence against, may be to the Homeland Security appropria- time. prosecuted similarly in U.S. courts is tions bill in this Congress. Now I call upon us again. Let’s re- naı¨ve. Worse yet, just recently, the At- On July 8, 2009, the Senate rejected, turn to civility, bipartisanship. Let’s torney General ordered the U.S. attor- by a vote of 44 to 53—I think at least 13 stick to the facts. Let’s stick with each ney not to seek the death penalty in or more Democrats voted this way—a other. this case, despite the fact that his par- motion to table the E-Verify amend- I yield the floor. ticipation in the bombings resulted in ment I offered to the Department of The PRESIDING OFFICER. The Sen- the death of over 200 people and injured Homeland Security bill. After the mo- ator from Georgia is recognized. over 4,000. In contrast, six of the tion to table was defeated, the Senate Mr. CHAMBLISS. Mr. President, I charges brought against Ghailani in his then unanimously accepted my amend- rise today to speak about the con- military commission carried the death ment. The amendment made the pro- ference report to accompany the De- penalty. gram permanent, the E-Verify Pro- partment of Homeland Security Appro- Now there are press reports that the gram, which allows businesses to run priations bill. administration is considering transfer- virtually an instant computer check to When this bill was originally before ring Khalid Sheikh Mohammed or KSM see if the person who has applied before the Senate, I joined 83 other Members to the United States. KSM is the self- them is legally able to work in the of this body in supporting it. proclaimed, and quite unapologetic, United States. The amendment I of- But at this time I cannot support the mastermind of the 9/11 attacks. KSM fered would have made that E-Verify conference report because it includes admitted he was the planner of 9/11 and system permanent and it would have language that was not included in the other planned, but foiled attacks made it mandatory for government Senate-passed bill relating to the de- against the U.S. In his combatant sta- contracts. Some States have manda- tainees being held at the Guantanamo tus review board, he admitted he swore tory rules; businesses are voluntarily Bay Naval Facility, or Gitmo. allegiance to Osama bin Ladin, was a doing it. It would simply say: You are This bill would prohibit the transfer, member of al-Qaida, was the Military not going to get a contract from the release or detention in the United Operational Commander for all foreign taxpayers of the United States if you States of any of the detainees held at al-Qaida operations, and much more. are not legally working in the United Gitmo as of June 24, 2009. However, it These admissions are unlikely to be ad- States. How simply is that? But the does allow detainees to be brought into mitted in a Federal court. Bringing version of the bill reported from con- the U.S. for prosecution. I cannot sup- KSM to a U.S. court will do nothing ference is dramatically different. It port this. I have been very outspoken but allow defense lawyers to expose our contains only a 3-year extension of the on this issue and believe it is wrong to intelligence sources and methods used E-Verify Program and does not include bring these detainees into our country in interrogating KSM to the world. any of the Federal contractor lan- to try them in our criminal courts. Time after time since President guage. We passed a lot of stimulus These terrorists have committed viola- Obama’s January 22, 2009 announce- money to try to create jobs for Ameri- tions of the laws of war and should be ment stating that he would close cans this year, and it should be for law- held and prosecuted according to the Gitmo within a year, I have seen hasty ful people, not unlawful.

VerDate Nov 24 2008 00:32 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.022 S20OCPT1 smartinez on DSKB9S0YB1PROD with SENATE S10550 CONGRESSIONAL RECORD — SENATE October 20, 2009 This is the third time this Congress So I think the conclusion we reach is That is a harsh thing to say. But if and the leadership in this Congress that the majority in control of this you do not want that to happen, why have either removed, changed, or Congress seems to be committed to don’t we take some steps to do some- blocked attempts to make this success- blocking any congressional action that thing about it? Why wouldn’t we re- ful program permanent, against the actually seeks and is effective in en- quire people who get government overwhelming will of the American hancing law enforcement. Some say: money—taxpayers’ money that is sup- people, actually, and against the will of That is a harsh thing to say, JEFF. posed to be designed to create Amer- the Obama administration—at least in That is not true. I will just repeat it. If ican jobs—why wouldn’t we want to at their verbal statements—and the ex- you know what the system is about, least take this modest step to try to press will of both the House and the you know how the debate is going on in see that people illegally here do not get Senate. this Senate and in the House, you those jobs? So this is how things happen. I think would be aware of the fact that E- Furthermore, in March, when I tried this is one of the reasons people are Verify is very important and that it to offer an identical amendment to the angry with Congress. Some people say should apply to people who get govern- Omnibus appropriations bill, it was ta- they are angry at immigrants. I do not ment contracts. Why do they keep tak- bled by a vote of 50 to 47. This proves think that is accurate. I think they are ing it out? to me there are some powerful forces angry at Congress for failing to take Back in February, two amendments out there somewhere still alive who commonsense steps to create a lawful were unanimously accepted to the want to block this important step. system of immigration and end the House stimulus bill, the $800 billion bill It is important we permanently reau- lawlessness that exists. that was supposed to create jobs in thorize this successful E-Verify Pro- The mechanism is this: We pass it. America. Those amendments related to gram, which is currently set to expire Members of the Senate vote for it. the E-Verify Program. One was offered when the current continuing resolution They go home and say: I voted to make by Congressman KEN CALVERT of Cali- ends. We should do it particularly now E-Verify permanent. I voted to make it fornia for a 4-year extension of the E- that we are in a time of serious eco- apply to contractors. I am sorry it did Verify Program. It was identical to the nomic downturn and unemployment. not happen. Well, who makes this hap- reauthorization language that passed E-Verify is an online system operated pen? Who changes the language? It is the House on July 31, 2008, by a vote of jointly by Homeland Security and the done in secret in conference in a 407 to 2. Another was offered by Con- Social Security Administration. Par- nonopen way. They meet and just gressman JACK KINGSTON, and it pro- ticipating employers can check the change it. They think nobody is going hibited funds made available under this work status of new hires online by to know and they can just get away $800 billion stimulus bill from being comparing information from an em- with it. It is the reason people are not used to enter into contracts with busi- ployee’s I–9 form—that is their employ- happy with Congress. nesses that do not participate in this In addition, the Democratic leader- ment form—against the Social Secu- E-Verify system. rity and DHS databases. It is done like ship on the conference committee—and It is growing. Millions of checks are that. It takes just a few minutes. they are all appointed by the Speaker being done by this system. It is no bur- E-Verify is free to businesses and is and by the majority leader. So the ma- den on businesses. So it would say, if the best means available for deter- jority of both Houses, the House and you did not use that system, you could mining the employment eligibility of the Senate, are clearly Democratic not get this stimulus money to do new hires and the validity of their So- Members. I do not want to make this things, build things with. such a partisan thing, but I guess it is The provisions of the bill were both cial Security numbers, instead of the an institutional thing of frustration unanimously accepted without a vote so many bogus numbers many of you that our Democratic Members have by the House Appropriations Com- have read about. As of October 3 of this year—2009— voted for these reforms, for these good mittee. Furthermore, the provision ideas, but yet somehow it goes into that extended the program was also over 157,000 employers, businesses, are conference and it gets eliminated, gets overwhelmingly approved by the House enrolled in this program. This rep- undermined so it does not become law. last July by a vote of 407 to 2. resents over 600,000 hiring sites nation- There were three other amendments One of the main purposes of the stim- wide. Over 8.5 million inquiries were stripped that dealt with immigration ulus bill was to put Americans back to run through the system in 2009 and issues that had overwhelming support: work. It was common sense—common over 90,000 have been run since October A DeMint amendment that passed in sense—to include a simple requirement 1 of this year—in 20 days. the Senate called for completing the that the people hired to fill the stim- The Homeland Security Secretary— 700 miles of double-layer fence called ulus-created jobs be lawfully in our President Obama’s Secretary—Janet for by the Secure Fence Act that we country and lawfully able to work. Napolitano, has spoken highly of the E- passed overwhelmingly some time ago, I tried to offer an amendment, at Verify Program. She called the pro- and that was taken out. A Grassley that time, that incorporated both the gram ‘‘an integral part of our immigra- amendment that would have allowed House provisions in the Senate stim- tion enforcement system’’—an inte- employers to reverify employees ulus bill when the stimulus bill was gral, essential part of our enforcement through E-Verify was taken out. A being considered in the Senate, but it system. There is no doubt about it, in Vitter amendment that would have was blocked on three separate occa- my view. Attempts to make the pro- precluded the rescissions of the no- sions by the Democratic leadership. I gram permanent have been thwarted match rule was taken out. can only conclude from that they did time and time again during this Con- So together with the recent actions not want it. I knew, if we could get a gress. of this administration—and they have vote, we would have a bipartisan According to Homeland Security, 96.1 been sending mixed signals, but their Democratic and Republican vote for it. percent of employees are cleared to go actions sometimes speak louder than My amendment only incorporated to work immediately under this online words. They have backed off of the de- the short 5-year extension, but I was system, and growth continues at over tention policy. Now I see they are put- not even allowed to get a vote. As I 1,000 new employer users each week. ting people illegally coming into our predicted at that time, once the bill Of the remaining 3.9 percent of que- country in hotel and motel rooms. went to conference, the conferees ries with an initial mismatch—so there They watered down the 287(g) Program would strip the E-Verify provisions are 3.9 percent who are not cleared im- which allows local law enforcement to from the final version of the economic mediately—of those, only .37 percent, work with the Federal officials to help stimulus package without any open about a third of 1 percent, were later them identify those who are illegally discussion or debate. That is exactly confirmed to be work authorized. So it in the country in a way that makes what they did. I hate to say it, but the looks like about 80, 90 percent of the sense. It is a limited power, but it is actions seem to send a clear signal that people who did not get immediate very helpful. Those are some of the our leadership wants to use taxpayers’ clearance—really, more than that— things this administration has backed money to employ people who are in were not authorized to work legally in off on. this country illegally. America. Only .37 percent of those

VerDate Nov 24 2008 00:32 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.028 S20OCPT1 smartinez on DSKB9S0YB1PROD with SENATE October 20, 2009 CONGRESSIONAL RECORD — SENATE S10551 later were shown to be held up improp- ‘‘myth’’ that ‘‘there is little or no com- employment verification system because, erly—or not ‘‘improperly,’’ just being petition between undocumented work- among other reasons, it provides the best held up. Maybe they entered a wrong ers and American workers.’’ He is right available means to confirm the identity and work eligibility of all employees that join Social Security number by mistake. about that. They can say this is not the federal workforce. Private employers Employers get an advantage. An em- true all day long, but anybody who ob- that choose to contract with the federal gov- ployer that verifies work authorization serves what is happening knows the ernment should meet the same standard. under E-Verify has established a rebut- large influx of low-skill workers pulls So President Bush issued that Execu- table presumption that the business down the wages of hard-working Amer- tive Order, that private employers that has not knowingly hired an illegal icans who did not get a high school di- choose to contract with the Federal alien. ploma who are trying to take care of Government should meet the same Recently, the Bureau of Labor Sta- their families and survive in a competi- standard. Basically, what happened tistics reported that the unemploy- tive world. It is a fact. We need to un- was, President Obama delayed it. They ment rate in the United States has derstand that. have since issued a policy that larger jumped to 9.8 percent—basically, dou- Even the distinguished majority businesses should use the system, for ble what it was a year or so ago. That leader supports the program. He wrote which I give them credit. So the Fed- is 15 million unemployed. This is the a letter in March of this year saying: eral Government should meet the same highest unemployment rate in 25 years. I strongly believe that every job in our standard. He meant it should apply. Immigration by illegal immigrants country should go only to those authorized The Obama administration has made, has had a serious and depressing effect to work in the United States. That is why I as I understand it, an executive order on the standard of living of lower strongly support programs like E-Verify that that requires larger businesses to use skilled American workers. That is a are designed to ensure that employers only hire those who are legally authorized to this system for the current time but fact, in my view. The U.S. Commission not smaller businesses, and it is not a on Immigration Reform, chaired by the work in the United States, and believe we need to strengthen enforcement against em- part of law. late civil rights pioneer, Barbara Jor- ployers who knowingly hire individuals who Last June, when Homeland Security dan—and they had a big study of this— are not authorized to work. I support reau- designated E-Verify as the electronic found that ‘‘immigration of unskilled thorization of the E-Verify program, as well employment eligibility verification immigrants comes at a cost to un- as immigration reform that is tough on system that all Federal contractors skilled U.S. workers.’’ lawbreakers, fair to taxpayers and practical must use, Secretary Chertoff—the Sec- The Center for Immigration Studies to implement. retary of Homeland Security—said has estimated that such immigration This is one I hope we can all agree this: has reduced the wage of the average on. But I do not know how it came out A large part of our success in enforcing the native-born worker in a low-skilled oc- that this language was gutted out of nation’s immigration laws hinges on equip- cupation by 12 percent or almost $2,000 the conference report, once again. ping employers with the tools to determine annually. Since 2006, 12 States have begun re- quickly and effectively if a worker is legal or In addition, Harvard economist and quiring employers to enter new work- illegal. . . . E-Verify is a proven tool that author of perhaps the most respected ers’ names into the system, which helps employers immediately verify the legal working status of all new hires. book on immigration—he goes into checks databases, including Arizona, So some have argued it is too costly great detail of economic studies and in- which passed the law while our current and too cumbersome. However, a letter formation that he analyzed—Professor Homeland Security Secretary, Janet to the Wall Street Journal from Mark George Borjas, himself born in Cuba, Napolitano, was Governor of Arizona. Powell, a human resources executive has estimated that immigration in re- Colorado, Georgia, Minnesota, Mis- with a Fortune 500 company, said it is cent decades has reduced the wages of sissippi, Missouri, North Carolina, free; it takes only a few minutes and is native-born workers without a high Oklahoma, Rhode Island, South Caro- less work than a car dealership would school degree by 8.2 percent. lina, Tennessee, and Utah have this do checking a credit score prior to sell- E-Verify is working. In fact, the pro- system where their employers that ing a vehicle or taking a test drive. gram is so successful that Secretary have contracts in government work— Well, that is true. How else can we Napolitano recently said: actually any employers have to use the explain so many employers voluntarily The Administration strongly supports E- system before they are hired. signing up? I think the short-term ex- Verify as a cornerstone of worksite enforce- Secretary Napolitano has also said: tensions only discourage participation ment and will work to continually improve I’m a strong supporter of E-Verify. in the E-Verify Program and leave us the program to ensure it is the best tool . . . You have to deal with the demand side available to prevent and deter the hiring of with a lack of assurance in the future for illegal immigration, as well as the supply we need. persons who are not authorized to work in side, and E-Verify is an important part of the United States. With regard to the contention that that. there are some mismatches, as I said, That is a strong, clear, good state- In January of 2009, the Washington ment the Secretary has given, and it is only .37 percent—less than 1 percent— Post reported that Secretary of the people whose numbers don’t common sense. Napolitano said: Recently confirmed Citizenship and check out are found to be improperly I believe in E-Verify. I believe it has to be checked out. Truthfully, most of them Immigration Services Director an integral part of our immigration enforce- Alejandro Mayorkas said: got the right answer. ment system. So I would conclude by saying a lot I believe E-Verify is an effective law en- President Bush signed Executive of progress has been made to make the forcement tool. Order 12989 last year. I think, in many system even better than it was. Over 60 In February of 2009, Doris Meissner, ways, he was slow to come to realize percent of foreign-born citizens who former head of immigration under how important creating a lawful sys- have utilized this option and more than President Clinton, said: tem of immigration was. But he made 90 percent of those phone calls have led Mandatory employer verification must be some progress toward the end and he to a final ‘‘work authorized’’ deter- at the center of legislation to combat illegal made this statement and took this ac- mination. I think we are on the right immigration . . . the E-Verify system pro- tion. He said: vides a valuable tool for employers who are track. I think we should make this per- trying to comply with the law. E-Verify also Contractors that adopt rigorous employ- manent. We absolutely should make it provides an opportunity to determine the ment eligibility confirmation policies are so that anyone who obtains a contract best electronic means to implement verifica- much less likely to face immigration en- or a job as a result of government tax- tion requirements. The Administration forcement actions, because they are less payer money should be legally in the should support reauthorization of E-Verify likely to employ unauthorized workers, and United States. If they are not, they and expand the program. . . . they are therefore generally more efficient and dependable procurement sources than shouldn’t get the job. It should be set Alexander Aleinkoff—President Clin- contractors that do not employ the best aside for American taxpayers. I thank ton’s INS official and an Obama admin- available measures to verify the work eligi- the Chair. istration Department of Homeland Se- bility of their workforce. . . . It is the policy Just before I conclude, once again, curity transition official—calls it a of the executive branch to use an electronic let me express frustration that what

VerDate Nov 24 2008 02:13 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.029 S20OCPT1 smartinez on DSKB9S0YB1PROD with SENATE S10552 CONGRESSIONAL RECORD — SENATE October 20, 2009 was passed so overwhelmingly, some- consent. Yet with that clear support My amendment simply said we are where behind closed doors—the same from the Senate floor, the leadership going to keep that new rule in place. It place they are meeting right now to on the other side apparently went to is important for enforcement. It is im- write a health care bill. We don’t know conference and took out those amend- portant for workplace enforcement. It where they are or what they are talk- ments in the dead of night. I find that is important to get our hands around ing about, but a group is meeting to worrisome. I find it worrisome in terms the problem of illegal immigration be- try to cobble together the two or three of the process. I find it worrisome in cause of the common sense behind that or four bills that are pending out there terms of immigration reform and concept. My amendment was adopted with something they will bring to the where we are apparently headed. on the Senate floor unanimously, by floor, and nobody has even seen it yet. Again, as I said, these were three sig- unanimous consent. We are having too much of that. I nificant amendments put in this bill on As I said, Senator SESSIONS had an think it is eroding public respect for the Senate floor. All three have been important amendment which he just the Congress, and I can understand why stripped out of this conference report. talked about to expand the E-Verify the American people are angry with us. Let me focus for a minute on my pro- system. That amendment was actually I thank the Chair and yield the floor. posal. When the bill was on the Senate opposed by some, and there was a mo- The PRESIDING OFFICER (Mr. floor, my amendment, which was Sen- tion to table the amendment, but that UDALL of Colorado). The Senator from ate amendment No. 1375, was passed by motion to table was defeated 53 to 44. Louisiana. unanimous consent. So literally no one Similarly, Senator DEMINT of South Mr. VITTER. Mr. President, I rise to in the entire body, Democratic or Re- Carolina had an important immigra- join my distinguished colleague from publican, objected. Essentially, every- tion enforcement amendment. He will Alabama, as well as our colleague from one agreed to put this amendment on be coming to the floor to talk about South Carolina, who will come to the the bill. The amendment was to pro- that this afternoon. His amendment re- floor soon to talk about this Depart- hibit funding to the Department of quired the completion of at least 700 ment of Homeland Security Appropria- Homeland Security if they imple- miles of reinforced fencing along the tions conference report and specifically mented any changes in a final rule re- southwest border by December 31, 2010. the major provisions which had broad quiring employees to follow the rules Again, his amendment was opposed by bipartisan support which were stripped of the Federal Social Security no- some liberals on the Senate floor. They out of the conference report in the dead match notices. This, as E-Verify, is an moved to table that amendment but, again, by a significant vote that mo- of night. I wish to thank my colleague important piece of the puzzle. It is an tion to table was defeated 54 to 44. from Alabama for all his work on this important piece of the solution. In August of 2007, the Department of So if these amendments are adopted issue in general, particularly the E- by comfortable, if not unanimous, mar- Verify system. I strongly support the Homeland Security introduced its no- match regulation. This clarified the re- gins in the Senate, why are they being E-Verify system. I strongly support ex- stripped in the dead of night in the sponsibility of employers who receive panding it aggressively. It is part of a conference committee report? Unfortu- notice that their employees’ names and solution. It is not the whole solution; nately, I think it is clear this Congress, Social Security numbers don’t match no one item is. But it is an important under the Democratic leadership, and up with the records at Social Security. part of the solution to get our hands this administration want to take a around immigration enforcement, par- So under the rule, employers receiv- ing these notices who did not take cor- very different approach to immigra- ticularly at the workplace. So I thank tion, and they are not serious about my colleague for that work. rective action would be deemed to have constructive knowledge that they are any of these enforcement measures. Mr. SESSIONS. Mr. President, will I think that is a shame because these employing unauthorized aliens. So, in the Senator yield for a question? three amendments and other good en- other words, the intent and the way Mr. VITTER. Absolutely, I will yield. forcement ideas I believe represent the Mr. SESSIONS. The Senator has the rule worked was very simple and common sense of the vast majority of served in the House and the Senate and straightforward. If records went in to the American people. To me, this hark- knows how conference committees the Department of Homeland Security, ens back to the major immigration re- work. Isn’t it true that the majority of if a name and a Social Security number form debate we had in the summer of the Senate conferees would be ap- didn’t match according to Social Secu- 2007 when a big so-called comprehen- pointed by the majority leader, and a rity records, then the Federal Govern- sive immigration reform bill came to majority of the House conferees would ment would notify the employer and the floor of the Senate. It didn’t have be appointed by the Speaker? would say: Time out; you have a prob- enough enforcement, in my opinion. It Mr. VITTER. Absolutely. lem. You need to do something about did have a huge amnesty program in- Mr. SESSIONS. Isn’t it a tradition it. If it is a mistake, we need to figure stead. So by the end of the debate, the that normally conferees appointed by that out, but otherwise it seems as American people spoke loudly and those leaders tend to follow their lead though you are hiring an illegal. So clearly. They said: No, we want en- in how they vote in conference? stop and either clear up the mistake or forcement. We want to do everything Mr. VITTER. Absolutely. do not hire that person. we can on the enforcement side first. Mr. SESSIONS. The Senator had an This rule provided employers with We don’t want a big amnesty. amendment that was stripped out, as I clear guidance on the appropriate due That so-called comprehensive bill did, dealing with the immigration diligence they should undertake if they was defeated by a wide margin. After issue. It seems to me odd that amend- received that sort of letter from the that seminal event, so many on the ments receiving such high votes in Federal Government. So employers Senate floor, including many who had both the House and the Senate would who received no-match letters would backed that bill, Senator MCCAIN be stripped out of conference. Would know they have a problem: Either their among them, said: OK, we heard the you agree that is an odd thing to hap- record keeping needs to be improved or American people. We heard you loudly pen? they have hired illegal workers. The and clearly. We need to start with ef- Mr. VITTER. I absolutely agree with DHS no-match rule gives companies fective enforcement. We need to start my colleague. that want to follow the law a clear with commonsense measures, such as a I would point out in that vein, the path to safety. Companies that prefer certain amount of fencing, such as E- Sessions amendment got broad sup- to ignore the problem or have chosen Verify, such as the Social Security no- port. When the Democratic leadership to run their business with illegal labor match rule. Yet when we put those handling the bill on the floor asked to cannot be forced to act responsibly, so commonsense measures in this bill, table the amendment, that was re- they do so at their peril under this what happened? In this Congress, led jected 53 to 44. In a similar way, they rule. Since the Social Security letter by Democratic leadership, under this attempted to table the amendment of leaves a clear record for DHS investiga- administration, it was just stripped out our colleague from South Carolina, and tors to build a case against employers, of the conference committee report. that motion was defeated 54 to 44. My it makes the entire system far more Sure, it got big votes on the Senate amendment was adopted by unanimous workable. floor; sure, it has widespread House

VerDate Nov 24 2008 00:32 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.036 S20OCPT1 smartinez on DSKB9S0YB1PROD with SENATE October 20, 2009 CONGRESSIONAL RECORD — SENATE S10553 support; sure, the Vitter amendment what is, in fact, our first job in the One of the amendments—authored by was adopted by unanimous consent. We Congress, House and Senate, which is Senator SESSIONS—permanently au- don’t care. We are going to strip it out. to listen to the American people and, thorized the E-Verify Program and The message is loud and clear. The yes, represent the American people. made it mandatory for all government message is, we don’t care what the I am afraid this DHS conference re- contractors. That is very important to American people have said. We don’t port, with its significant omissions in the American people, very important care what they said in the summer of the area of Social Security no match, to employers, to be able to determine 2007. We don’t care what they say over E-Verify, and fencing, is a sign that whether they are hiring a worker who and over and over again about these this leadership in Congress and this ad- is here legally. That was thrown out. issues—no-match, E-Verify, fencing— ministration are not prepared to do Senator VITTER had an amendment we are just going to oppose any of any of that. I lament that. which allowed the implementation of those commonsense enforcement meas- I urge all of our colleagues to come ures. what is called the ‘‘no match’’ rule, back together and demand progress on which essentially says that if a name I truly believe the second half of E-Verify, on no match, and on fencing, where the leadership in this Congress and a Social Security number don’t and to stop this game playing as we match, that the employer is imme- and this administration is coming from move to other crucial issues, including is the same thing as the second half of diately identified. That was thrown health care. out. that immigration reform bill in 2007: a Mr. President, I yield the floor. big amnesty program with little to no THE PRESIDING OFFICER. The Senator GRASSLEY had an amend- enforcement, a big amnesty program. Senator from Delaware is recognized. ment to allow employers to voluntarily We need to listen to the American Mr. CARPER. I thank the Chair. verify the status of current employees. people. We don’t need to play games (The remarks of Mr. CARPER and Mr. That was thrown out. and say we are supporting provisions KAUFMAN pertaining to the introduc- Then there was my amendment to re- and then have them stripped out of tion of S. 1801 are printed in today’s quire the Department of Homeland Se- conference reports. We need to be more RECORD under ‘‘Statements on Intro- curity to complete the 700-mile rein- straightforward, more honest in what duced Bills and Joint Resolutions.’’) forced fence along the Southwest bor- we are truly about in attacking this Mr. CARPER. I thank the Chair, and der by the end of 2010. It passed on this problem. Unfortunately, this con- with that, I suggest the absence of a Senate floor 54 to 44. This amendment ference report is an example of exactly quorum. was stripped, along with all the others. the opposite. The PRESIDING OFFICER. The I urge my colleagues to pay attention clerk will call the roll. As always, Washington politicians re- to what is happening because so many The assistant legislative clerk pro- spect the people’s wrath when the cam- folks in this body are speaking out of ceeded to call the roll. eras are on us, but they do not respect both sides of their mouth. They are Mrs. MURRAY. Mr. President, I ask the people’s opinions when the cameras saying: Oh, yes, fence, sure; E-Verify, unanimous consent that the order for are turned off. As everyone here is absolutely; social security no-match, the quorum call be rescinded. aware, the American people are ada- sure. Then they get certain leaders of The PRESIDING OFFICER. Without mant about securing our southern bor- the conference committee to do their objection, it is so ordered. der. It is a matter of security, it is a dirty work and just strip those provi- Mrs. MURRAY. Mr. President, I ask matter of jobs, it is a matter of drug sions. They are ignoring the will of the unanimous consent that the time dur- trafficking and weapons trafficking. American people. They are rejecting ing the quorum call be equally divided Thousands of Mexicans have been commonsense enforcement, and accord- between both sides. killed because of our unwillingness to ing to many reports, the Obama admin- The PRESIDING OFFICER. Without control our own border. istration and its leaders in the Con- objection, it is so ordered. In 2006, overwhelming public opinion gress are going to attempt another Mrs. MURRAY. I suggest the absence forced Congress to order the construc- push for broad-based amnesty. of a quorum. tion of a 700-mile reinforced double We need to listen to the American The PRESIDING OFFICER. The fence by 2010. Both the Bush adminis- people and not play games. In par- clerk will call the roll. tration and the Obama administration The assistant legislative clerk pro- ticular, we need to stop this game play- have dragged their feet, and so far we ceeded to call the roll. ing overall. Senator SESSIONS, my dis- only have 34 miles actually completed. Mr. DEMINT. Mr. President, I ask tinguished colleague from Alabama, The Department of Homeland Security unanimous consent that the order for was right when he said these sorts of claims 661 miles are completed, but the quorum call be rescinded. antics—talking out of both sides of our that is not according to the law we mouths on this issue, stripping so- The PRESIDING OFFICER. Without objection, it is so ordered. passed because they count single-layer called popular amendments from a con- fencing and vehicle barriers, which do ference committee report—these antics Mr. DEMINT. Mr. President, I apolo- gize for your having to listen to me nothing to stop pedestrian traffic. My are exactly what is eroding confidence amendment would have reasserted a in Congress overall. This is exactly again this week, but I thank you for recognizing me, and actually I want to promise—a law—that Congress has al- what the American people are so frus- ready passed. Leaders of both parties trated and, in fact, so scared about talk about something pretty serious. I think as Americans look in—and I have repeatedly tried to break this with regard to many other issues, such promise. as health care. guess in our relationships here—cyni- I believe this is of real concern as we cism is becoming so much a part of We are learning there is almost noth- go into the health care debate because, what we are doing. As a matter of fact, ing that politicians won’t do to get out quite frankly, what does it matter trying to stop cynicism here in Wash- of promises they make in the daylight, what we adopt on the Senate floor ington is like trying to stop water from especially if they can pretend to keep when the conference committee work flowing downhill. Every time the the promises. This is staggering cyni- is going to be handled, perhaps, just American people succeed in forcing cism, and it is undemocratic. It vio- like this Homeland Security con- sunlight and transparency on the polit- lates our whole principle of the rule of ference committee was. People can ical process, politicians find another law. But this problem goes well beyond have little confidence based on our corner to hide in. The latest trick is our unkept promises to cure our south- votes on the Senate floor. The con- the majority’s practice of accepting ern border. Earlier today, we consid- ference committee work can be diamet- popular amendments to legislation ered the conference report on Energy rically opposed to it on significant while fully intending to strip those and Water—the Energy and Water issue after significant issue, just as it amendments out of the final bill that spending bill. That report also stripped was on no match, on E-Verify, on fenc- we send to the President. There were at out a popular amendment offered by ing. least four of these amendments Senator COBURN to require all reports We need to stop eroding public con- stripped from the conference report under the law to be made available to fidence in that way. We need to do that is in front of us today. the public.

VerDate Nov 24 2008 02:13 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.036 S20OCPT1 smartinez on DSKB9S0YB1PROD with SENATE S10554 CONGRESSIONAL RECORD — SENATE October 20, 2009 The majority is now so afraid of pub- to be located in Kansas, is getting its spending items totaling over $269 mil- lic scrutiny that they have to go be- initial funding. lion. As far as I can tell, none of these hind closed doors to complete amend- As one of the responsible acts of this projects was requested by the adminis- ments they earlier accepted to guar- body, the fullest amount of the funding tration, authorized, or competitively antee transparency. This is now a pat- for this will not come until the Plum bid in any way. No hearing was held to tern and a practice of the least trans- Island facility is sold. When that is judge whether these were national pri- parent Congress in American history. sold, then that money is to go to build orities worthy of scarce taxpayers’ dol- That should give all of us pause, espe- this facility that will research a num- lars. cially when we consider these same ber of different, difficult diseases in the By the way, as I recall, when we first politicians are right now behind closed animal health industry—foot-and- started with the Homeland Security doors planning the takeover of one- mouth disease and a number of other Appropriations bills, we had decided at sixth of our economy, if this health ones are to be researched. The facility that time there would be no earmarks. care bill succeeds. has to be built safely so the contain- So the next time we didn’t do them. They have promised the bill won’t ment facility, its initial design, is a Then there are a few more. Now there add to the deficit, promised it won’t metal structure on top of a concrete are 181 of them—181, totaling over $269 force people off their health care plans, structure on top of another concrete million. I do not need to remind Ameri- promised it won’t pay for abortions or structure in which the animals and the cans—I might want to try to keep re- cover illegal immigrants, and promised pathogens will be contained. minding the appropriators—the Fed- thousands of other things. The problem To make sure this structure is safe, eral deficit now stands at $1.4 trillion. is we don’t know what is in the bill. In the facility design will be reviewed by It is an all-time high. Americans are losing their jobs and their homes at the context of this back-room amend- the Department of Homeland Security record rates. What are we doing? We ment stripping, these promises cannot and the DHS review will also be re- viewed by the National Academy of just keep on spending. be delivered, and this process cannot be Let’s take a look at some of the ear- trusted. Sciences, so it is an additional review on top of a review process. That may marks included in this conference re- I encourage my colleagues to recog- port: $4 million for the Fort Madison nize that we need to make good on our seem like redundancy to a lot of peo- ple, but there has been a lot of concern Bridge, in Fort Madison, WI. How is promises. Both parties in this Congress that related to homeland security? have talked a lot about ethics and about moving FMD research into the mainland from Plum Island off of New There is $3.6 million for a Coast Guard transparency. When we accept a bill on Operations Systems Center in West the floor, with the American people York. I think it is prudent for us to do this Virginia. Why would the Coast Guard looking, but then strip it when the research. I think it is important for us Operations Systems Center be located American people are not looking, our to research cures in this area. I think in a landlocked State? There is $200,000 whole process is denigrated. This bill in it is also prudent for us to make sure to retrofit a college radio station in particular, containing issues that deal that the facility is well built and one Athens, OH. Let me be clear here. This with illegal immigration, which our from which we can be certain these is to appropriate funds for homeland country is so engaged in—and particu- pathogens will not be released. security. Obviously high on somebody’s larly at a time when people are losing The passage of this final bill is a list is $200,000 to retrofit a college radio their jobs, many times to workers who huge step in locating this NBA facility station. My, my, my. are not legal—is a very sensitive issue in Kansas, providing additional funding There is $900,000 for the City of to the American people. for this. I believe there is no better Whitefish Emergency Operations Cen- For this amendment to be voted on place than in Kansas to do this re- ter in Whitefish, MT. The population is and passed and then stripped out search. I am not just saying that be- 5,849. That comes out to $153.87 per makes no sense at all. I encourage my cause it is my State—although that is resident which is paid for by my tax- colleagues not to support this con- a big part of it—but 30 percent of the payers and all American taxpayers. ference report. It has stripped out the animal health industry globally is lo- There is $250,000 to retrofit a senior will of the American people. cated within 100 miles of Kansas City. center in Brigham City, UT. The last I yield the floor. It is a place where there is a lot of this time I checked, senior centers are im- I suggest the absence of a quorum. research taking place. The scientists portant but they have very little rela- The PRESIDING OFFICER. The are already there, the companies are tion to homeland security. There is clerk will call the roll. already developing these products to $125,000 to replace a generator in La The assistant legislative clerk pro- take care of animal health problems. Grange Park, IL. I have to say, maybe ceeded to call the roll. They are there and we can build on there is something we don’t know here. Mr. BROWNBACK. Mr. President, I that success at a national level. Maybe there is a reason why we need to ask unanimous consent the order for I am delighted to see this moving for- retrofit a college radio station in Ath- the quorum call be rescinded. ward in a responsible fashion. This is ens, OH; maybe there is a reason we The PRESIDING OFFICER. Without the initial piece. The bigger piece need to replace a generator in La objection, it is so ordered. comes after the sale of Plum Island, Grange Park, IL; maybe there is a rea- The Senator from Kansas is recog- which is appropriate. I am hopeful my son why we have to spend $250,000 to nized. colleagues will see fit to doing that retrofit a senior center in Brigham Mr. BROWNBACK. Mr. President, I this next year. City, UT in the name of homeland se- rise to speak on this bill, on a par- I yield the floor. curity; maybe there is a reason to ticular issue of interest to my State The PRESIDING OFFICER. The Sen- spend $130,000 to relocate the residents and I think to the country on a new ator from Arizona is recognized. of 130 homes in DeKalb, IL. But we will National Bio-Agriculture facility to re- Mr. MCCAIN. Mr. President, later never know because we don’t have any search new diseases and problems that today—in fact, as I understand, in a hearings, we don’t have any authoriza- can come in on animal health. In this very short time—the Senate will vote tion. We just go ahead and spend the particular bill, Senator ROBERTS and I on the conference report to accompany money—6.6 percent over last year. The have been working for some period of the fiscal year 2010 Department of original intent was there were not time to get funding for this facility to Homeland Security appropriations bill. going to be any earmarks. Amazing. go forward. This was a national com- This conference report spends approxi- In addition to the earmarks con- petition that took place for the loca- mately $42.7 billion, 6.6 percent above tained in the conference report, Con- tion of the NBA facility. A number of last year’s bill. I am sure many Amer- gress continues to fund programs that States competed for it. It was deter- ican households would love a 6-percent the President, as part of his budget mined that Kansas would be the pri- increase in their budget but cannot af- submission, had recommended termi- mary location for this to occur. The ford it. The Federal Government can’t nating or reducing. This is the Presi- initial funding of $32 million is in this afford it either. dent’s budget submission. These are conference report. I am delighted that Specifically, this conference report the requests of the President that cer- the National Bio-Agriculture facility, contains 181 congressionally directed tain programs be terminated because

VerDate Nov 24 2008 00:32 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.038 S20OCPT1 smartinez on DSKB9S0YB1PROD with SENATE October 20, 2009 CONGRESSIONAL RECORD — SENATE S10555 they are unnecessary and unwanted that have outlived their usefulness, or exist tained at Guantanamo Bay in civilian courts and redundant. Remember, this is in solely because of the power of politicians, in this country. This would include Khalid the face of a $1.43 trillion deficit. We lobbyists or interest groups. We simply can- Sheikh Mohammed, the mastermind of the not afford it. . . . We will go through our September 11, 2001 terrorist attacks, and are still funding them, no matter what Federal budget—page by page, line by line— other detainees involved. the President of the United States says eliminating those programs we don’t need, The Justice Department claims our and no matter what good sense says. and insisting those we do operate in a sen- The first amendment I tried was to courts are well suited to the task. This sible and cost-effective way. is the former Attorney General of the terminate a terrestrial-based, long- This is the document. The President United States who says: range maritime radio navigation sys- went through it line by line. So we of- tem called the LORAN–C. The Bush Based on my experience trying such cases fered amendments to eliminate these and what I saw as Attorney General, they and Clinton administrations sought to programs. So of course the appropri- are not. terminate the program. They tried. ators won again. They not only voted That is not to say civilian courts The current administration states in against my attempts to strike wasteful cannot ever handle terrorist prosecu- its budget that, although the program and unneeded spending, they also tions, but rather their role in a war on is not fully developed, it is already eliminated a provision that was sup- terror—to use an unfashionable ‘‘obsolete technology.’’ This is what ported by 54 Members of the Senate to phrase—should be as the term ‘‘war’’ the President says: mandate the completion of 700 miles of would suggest, a supporting and not a The Nation no longer needs this system be- fence along the Southwest border by principal role. cause the federally supported civilian global December 31, 2010. This elimination I ask unanimous consent the article positioning system, GPS, has replaced it will only serve to weaken our efforts to with superior capabilities. from the Wall Street Journal by the secure the border. We know that fenc- former Attorney General of the United Is there anybody who doubts that ing alone is not a panacea to every se- States saying, ‘‘Civilian Courts Are No GPS is a superior capability? curity issue on the border, but there is Place To Try Terrorists,’’ be printed in The elimination of this program, according no doubt that increased fencing bol- the RECORD. to the President, would achieve a savings of There being no objection, the mate- $36 million in 2010 and $190 million over 5 sters Customs border patrol efforts to years. secure our border. rial was ordered to be printed in the Additionally, the other body’s leader- RECORD, as follows: Those are not my words, those are ship added language that prohibits use [From the Wall Street Journal, Oct. 19, 2009] the words of the administration. So of the funds in this act or any other act IVILIAN OURTS RE O LACE TO RY what have the appropriators done? C C A N P T for the release of detainees held at TERRORISTS They continued to fund it. When I of- Guantanamo into the United States, (By Michael B. Mukasey) fered an amendment to eliminate that its territories and possessions. By ex- The Obama administration has said it in- obsolete technology that the Nation no tending this prohibition to U.S. terri- tends to try several of the prisoners now de- longer needs, 36—count them—36 of my tories and possessions, the conference tained at Guantanamo Bay in civilian courts colleague also supported it. The major- report further restricts the release of in this country. This would include Khalid ity party in the Senate did not support Sheikh Mohammed, the mastermind of the the administration’s view that this detainees enacted into law in the sup- Sept. 11, 2001 terrorist attacks, and other de- program should be eliminated and this plemental appropriations act for fiscal tainees allegedly involved. The Justice De- conference report continues to fund the year 2009. The conference report also partment claims that our courts are well restricts transfers of detainees from suited to the task. program into next year, rather than Based on my experience trying such cases, cutting funding immediately—as we Guantanamo, limiting them to only transfers for the purpose of prosecution and what I saw as attorney general, they should have done a long time ago. aren’t. That is not to say that civilian courts My other attempt to support the or detention during legal proceedings, cannot ever handle terrorist prosecutions, President’s effort to eliminate wasteful and requires the President provide a but rather that their role in a war on ter- government programs also failed. The plan to Congress 45 days prior to trans- ror—to use an unfashionably harsh phrase— administration proposed in its 2010 fer. These provisions allow detainees to should be, as the term ‘‘war’’ would suggest, budget to cut the Over-the-Road Bus be tried for acts that amount to war a supporting and not a principal role. crimes in Federal criminal courts and The challenges of a terrorism trial are Security Program because the money overwhelming. To maintain the security of was not awarded based on risk, as rec- would authorize bringing detainees the courthouse and the jail facilities where ommended by the 9/11 Commission, and into the United States for that pur- defendants are housed, deputy U.S. marshals the program has been assessed as not pose. must be recruited from other jurisdictions; effective. I will continue to believe that war jurors must be selected anonymously and es- The appropriators have now gone crimes—and by that I include the in- corted to and from the courthouse under against the recommendations of the 9/ tentional attacks by civilians that re- armed guard; and judges who preside over sulted in the loss of nearly 3,000 lives such cases often need protection as well. All 11 Commission, they have gone against such measures burden an already overloaded the recommendations of the President on September 11, 2001—should be tried justice system and interfere with the han- of the United States, and we will con- in a war crimes tribunal created espe- dling of other cases, both criminal and civil. tinue to spend another $6 million. I of- cially for that purpose. The Military Moreover, there is every reason to believe fered the amendment to eliminate the Commission’s Act of 2009 is a result of that the places of both trial and confinement program. The amendment was defeated extensive input and coordination with for such defendants would become attractive the Obama administration. It should be targets for others intent on creating may- by a vote of 47 to 51, so we will spend hem, whether it be terrorists intent on in- another $6 million that the administra- the vehicle for the trial for the horren- flicting casualties on the local population, or tion says we do not need and that dous war crimes committed against lawyers intent on filing waves of lawsuits clearly is unnecessary to be funded. thousands of innocent American civil- over issues as diverse as whether those cap- During the Senate consideration of ians, rather than bringing detainees tured in combat must be charged with the bill, I filed a total of 28 amend- from Guantanamo to the United States crimes or released, or the conditions of con- ments to strike earmarks and end to face trial in a domestic Federal finement for all prisoners, whether convicted funding for programs that the Presi- or not. criminal court. Even after conviction, the issue is not dent had sought to terminate. Not sur- I am sure that many of my col- whether a maximum-security prison can prisingly, my efforts were rebuffed leagues read with interest the views of hold these defendants; of course it can. But each time by the members of the Ap- former Attorney General of the United their presence even inside the walls, as propriations Committee. The American States Michael Mukasey in the Wall proselytizers if nothing else, is itself a dan- people are tired of this process, they Street Journal on Monday, October 19, ger. The recent arrest of U.S. citizen Michael are tired of watching their hard-earned in which he opposes trial of these de- Finton, a convert to Islam proselytized in money go down the drain. Earlier this tainees who are suspected of being re- prison and charged with planning to blow up a building in Springfield, Ill., is only the lat- year, the President pointedly stated, sponsible for the 9/11 attacks in Federal est example of that problem. and I quote him: criminal court. He says: Moreover, the rules for conducting crimi- We cannot sustain a system that bleeds The Obama administration has said it in- nal trials in federal courts have been fash- billions of taxpayers dollars on programs tends to try several of the prisoners now de- ioned to prosecute conventional crimes by

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Even if the pending charge those in custody and those at large. against Mr. Ghailani is not dismissed for vio- have the opportunity to come back to Thus, in the multidefendant terrorism lation of that statute, he may well seek ac- this debate during the floor consider- prosecution of Sheik Omar Abdel Rahman cess to what the government knows of his ation of the Commerce-Justice-State and others that I presided over in 1995 in fed- activities after the embassy bombings, even appropriations bill in the context of eral district court in Manhattan, the govern- if those activities are not charged in the the Graham amendment on this issue, ment was required to disclose, as it is rou- pending indictment. Such disclosures could which I am proud to cosponsor along tinely in conspiracy cases, the identity of all seriously compromise sources and methods with Senator LIEBERMAN. known co-conspirators, regardless of whether of intelligence gathering. they are charged as defendants. One of those Finally, the government (for undisclosed I am concerned, however, because I co-conspirators, relatively obscure in 1995, reasons) has chosen not to seek the death understand the administration will was Osama bin Laden. It was later learned penalty against Mr. Ghailani, even though soon announce its decision on pros- that soon after the government’s disclosure that penalty was sought, albeit unsuccess- ecuting the 9/11 detainees, and indica- the list of unindicted co-conspirators had fully, against those who stood trial earlier. tions are the administration will seek made its way to bin Laden in Khartoum, The embassy bombings killed more than 200 such prosecutions in Federal criminal Sudan, where he then resided. He was able to people. courts. Congress should have the op- learn not only that the government was Although the jury in the earlier case de- aware of him, but also who else the govern- clined to sentence the defendants to death, portunity to speak on this issue before ment was aware of. that determination does not bind a future the administration embarks on a It is not simply the disclosure of informa- jury. However, when the government deter- course with which I and many law and tion under discovery rules that can be useful mines not to seek the death penalty against national security experts strongly dis- to terrorists. The testimony in a public trial, a defendant charged with complicity in the agree. particularly under the probing of appro- murder of hundreds, that potentially distorts I am also pleased this conference re- priately diligent defense counsel, can elicit every future capital case the government port does contain a provision that will evidence about means and methods of evi- prosecutes. Put simply, once the government dence collection that have nothing to do decides not to seek the death penalty against allow the Secretary of Defense to pro- with the underlying issues in the case, but a defendant charged with mass murder, how hibit the disclosure of detainee photo- which can be used to press government wit- can it justify seeking the death penalty graphs under the Freedom of Informa- nesses to either disclose information they against anyone charged with murder—how- tion Act if he certifies that release of would prefer to keep confidential or make it ever atrocious—on a smaller scale? the photos would endanger U.S. citi- appear that they are concealing facts. The Even a successful prosecution of Mr. zens, members of the Armed Forces, or Ghailani, with none of the possible obstacles alternative is to lengthen criminal trials be- U.S. Government employees deployed yond what is tolerable by vetting topics in described earlier, would offer no example of closed sessions before they can be presented how the cases against other Guantanamo de- outside the United States. in open ones. tainees can be handled. The embassy bomb- I do not have to, nor should I have to, In June, Attorney General Eric Holder an- ing case was investigated for prosecution in remind my colleagues about the seri- nounced the transfer of Ahmed Ghailani to a court, with all of the safeguards in han- ousness of the fiscal crisis our Nation this country from Guantanamo. Mr. Ghailani dling evidence and securing witnesses that is facing. There is no better way to was indicted in connection with the 1998 attend such a prosecution. By contrast, the prove we are serious about getting our bombing of U.S. Embassies in Kenya and charges against other detainees have not Tanzania. He was captured in 2004, after oth- been so investigated. country back on the right path than by ers had already been tried here for that It was anticipated that if those detainees ending the wasteful practice of ear- bombing. were to be tried at all, it would be before a marking funds in appropriations bills, Mr. Ghailani was to be tried before a mili- military commission where the touchstone especially a bill as important as this tary commission for that and other war for admissibility of evidence was simply rel- one that provides for funding of our crimes committed afterward, but when the evance and apparent reliability. Thus, the critical homeland security programs. Obama administration elected to close Guan- circumstances of their capture on the battle- Our current economic situation and tanamo, the existing indictment against Mr. field could be described by affidavit if nec- Ghailani in New York apparently seemed to essary, without bringing to court the par- our vital national security concerns re- offer an attractive alternative. It may be as ticular soldier or unit that effected the cap- quire that now more than ever we well that prosecuting Mr. Ghailani in an al- ture, so long as the affidavit and surrounding prioritize our Federal spending. But ready pending case in New York was seen as circumstances appeared reliable. No such this conference report does not do that. an opportunity to illustrate how readily procedure would be permitted in an ordinary We cannot continue to spend taxpayer those at Guantanamo might be prosecuted in civilian court. dollars in such an irresponsible man- civilian courts. After all, as Mr. Holder said Moreover, it appears likely that certain ner. So, obviously, I am unable to sup- in his June announcement, four defendants charges could not be presented in a civilian were ‘‘successfully prosecuted’’ in that case. court because the proof that would have to port this legislation. I encourage my It is certainly true that four defendants al- be offered could, if publicly disclosed, com- colleagues to vote against it, and if it ready were tried and sentenced in that case. promise sources and methods of intelligence is passed, I urge the President of the But the proceedings were far from exem- gathering. The military commissions regi- United States to send a message that plary. The jury declined to impose the death men established for use at Guantanamo was this is going to stop and veto this bill penalty, which requires unanimity, when one designed with such considerations in mind. and every other bill that is larded down juror disclosed at the end of the trial that he It provided a way of handling classified in- with earmarked porkbarrel projects. It could not impose the death penalty—even formation so as to make it available to a de- though he had sworn previously that he fendant’s counsel while preserving confiden- is time for a change, a real change. could. Despite his disclosure, the juror was tiality. The courtroom facility at Guanta- Finally, there are some angry people permitted to serve and render a verdict. namo was constructed, at a cost of millions out there. They call them tea parties. Mr. Holder failed to mention it, but there of dollars, specifically to accommodate the They come to the townhall meetings in was also a fifth defendant in the case, handling of classified information and the huge numbers. They write. They call. Mamdouh Mahmud Salim. He never partici- heightened security needs of a trial of such They e-mail. They Twitter. They tell pated in the trial. Why? Because, before it defendants. began, in a foiled attempt to escape a max- Nevertheless, critics of Guantanamo seem us they are sick and tired of this. I imum security prison, he sharpened a plastic to believe that if we put our vaunted civilian urge my colleagues to vote no. comb into a weapon and drove it through the justice system on display in these cases, I yield the floor. eye and into the brain of Louis Pepe, a 42– then we will reap benefits in the coin of The PRESIDING OFFICER. The Sen- year-old Bureau of Prisons guard. Mr. Pepe world opinion, and perhaps even in that part ator from West Virginia. was blinded in one eye and rendered nearly of the world that wishes us ill. Of course, we Mr. BYRD. Mr. President, the junior unable to speak. did just that after the first World Trade Cen- Senator from South Carolina earlier Salim was prosecuted separately for that ter bombing, after the plot to blow up air- raised concerns about dropping his crime and found guilty of attempted murder. liners over the Pacific, and after the em- There are many words one might use to de- bassy bombings in Kenya and Tanzania. amendment concerning the fence on scribe how these events unfolded; ‘‘success- In return, we got the 9/11 attacks and the the southwest border. He asserted that fully’’ is not among them. murder of nearly 3,000 innocents. True, this the decision to drop the language was

VerDate Nov 24 2008 00:32 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\A20OC6.006 S20OCPT1 smartinez on DSKB9S0YB1PROD with SENATE October 20, 2009 CONGRESSIONAL RECORD — SENATE S10557 made behind closed doors. To be clear, amendment. That is money we do not our United States courts simply will the conference met in public session on have. The conference report strongly not work,’’ he ignores 195 successful October 7 during the full light of day. supports all aspects, all aspects of bor- prosecutions. As to the DeMint amendment, I fully der security and immigration enforce- According to the Justice Depart- support the goal of the amendment ment, and I urge my colleagues to sup- ment, since January 1, 2009, more than that was offered by the Senator from port it. 30 terrorists have been successfully South Carolina. I am one of the strong- I yield the floor. prosecuted or sentenced in Federal est proponents in the Senate of secur- The PRESIDING OFFICER. The Sen- courts. It continues to this day. ing our southwest border. That is why ator from Illinois. When you compare the record at I supported legislation in 2006 to build Mr. DURBIN. Mr. President, how Guantanamo, where Senators from the the fence. I have led the effort to in- much time is remaining on the Demo- other side of the aisle say all these crease border security and immigration cratic side? cases should be tried, it is clear the enforcement efforts. The PRESIDING OFFICER. There is only way to deal with this is through However, the amendment that was 3 minutes remaining. our court system—not exclusively, but offered by the able Senator from South Mr. DURBIN. I ask unanimous con- it should be an option that is available sent to have 5 additional minutes, for a Carolina is too prescriptive and too to the Department of Justice. total of 8 minutes allocated for us. costly. Instead, in conference I worked Recently, the administration trans- The PRESIDING OFFICER. Without ferred Ahmed Ghailani to the United to provide real resources to secure our objection, it is so ordered. borders. The conference agreement be- Mr. DURBIN. I rise today to speak in States to be prosecuted for his involve- fore the Senate today sustains the bi- support of a provision in this bill and ment in the 1998 bombings of our Em- partisan congressional effort begun by thank the chairman of this committee, bassies in Kenya and Tanzania, killing 224 people, including 12 Americans. the Byrd amendment to the fiscal year Senator ROBERT C. BYRD of West Vir- My colleagues on the other side of 2005 supplemental and continued in the ginia, for his fine work not only on this the aisle have been critical of the ad- fiscal year 2006–2009 appropriations acts bill but for his amazing contribution to to provide substantial increases in bor- America and to this institution of the ministration’s decision to bring this der security and immigration enforce- Senate. man to justice in America’s courts. For ment. I rise today to speak in support of a example, ERIC CANTOR, who is a Mem- The number of Border Patrol agents provision in the bill which allows de- ber of the House on the Republican has increased from 11,264 to a level of tainees held at Guantanamo to be side, said: 20,019 agents, by the end of this year. transferred to the United States to be We have no judicial precedents for the con- Under this agreement, the conferees prosecuted and held responsible for viction of someone like this. added over $21 million above the re- their crime. The President has been The truth is, there are many prece- quest to hire an additional 144 agents. clear. It is a priority of this adminis- dents for the conviction of terrorists in There will be 20,163 agents onboard at tration to bring to justice those re- U.S. courts: Ramzi Yousef, the master- the end of fiscal year 2010. sponsible for 9/11 and other terrorists mind of the 1993 World Trade Center Similarly, the number of detention who have attacked our country. bombing; Omar Abdel Rahman, the so- beds has increased in the same time pe- The conference report which we are called Blind Sheikh; Richard Reid, the riod from 18,500 beds to 33,400 beds. The considering would allow those people ‘‘Shoe Bomber;’’ Zacarias Moussaoui; agreement fully funds 33,400 detention responsible for acts of terrorism to be Ted Kaczynski, the Unabomber; and beds and includes statutory language brought here to be tried for their Terry Nichols, the Oklahoma City co- to maintain that level of bed space crimes. Unfortunately, some people on conspirator. throughout the fiscal year. the other side of the aisle have spoken In fact, there is a precedent for con- The agreement also adds $25 million today and have a different view. victing terrorists who were involved in to the President’s request of $112 mil- Earlier today, my colleagues, Sen- the bombing of the United States Em- lion to expand the capacity of the E- ators CHAMBLISS and SESSIONS, argued bassies in Tanzania and Kenya, the Verify Program and increases its com- that we should not transfer suspected same attack Ahmed Ghailani was in- pliance rate. terrorists from Guantanamo to the dicted for. In 2001, four men were sen- The miles of fencing that have been United States to be prosecuted for tenced to life without parole at the constructed have increased from 119 their crimes. Federal courthouse in lower Manhat- miles in 2006 to more than 629 miles. Senator CHAMBLISS said, ‘‘Pros- tan, the same court in which Mr. The number of miles of the southwest ecuting these individuals in our United Ghailani will be tried. border that are under ‘‘effective con- States courts simply will not work.’’ I will tell you point blank: If they on trol,’’ as determined by the Border Pa- Senator SESSIONS said, ‘‘There is no the other side of the aisle are trying to trol, has grown from 241 miles to al- practical alternative’’ to prosecuting create some fear that we cannot bring most 700 miles this year. That is an in- detainees in military commissions at a terrorist to the United States of crease of almost 80 miles since the end Guantanamo Bay. America, hold them successfully, try of the last fiscal year. Those statements are very clear but them in our courts, convict them and More than 655 miles of border fence they are also wrong. Look at the incarcerate them, history says other- will be complete in early 2010. The record. For 7 long years the Bush ad- wise. agreement provides $800 million or $25 ministration failed to convict any of Over 350 convicted terrorists have million above 2009 for the deployment the terrorists planning the 9/11 attacks. been tried in our courts and are being of additional sensors, cameras, and And for 7 long years only three individ- held in our prisons today successfully— other technology on the southwest bor- uals were convicted by military com- held every single day. Is America less der. Since beginning major border missions at Guantanamo. In contrast, safe because of it? No. We are safer be- fence and security construction along look at the record of our criminal jus- cause would-be terrorists are off the the southwest border in fiscal year tice system when it came to trying ter- streets, convicted in our courts, serv- 2007, when combined with the $800 mil- rorists accountable for their crimes. ing time in prison—exactly where they lion in this bill and the $100 million Richard Sabel and James Benjamin, belong. provided in the Recovery Act, nearly two former Federal prosecutors with To argue we should eliminate this ad- $4.1 billion—spelled with a ‘‘b’’—nearly extensive experience, published a de- ministration’s right to try a terrorist $4.1 billion has been appropriated for tailed study of the prosecutions of ter- in a U.S. court is to deny to our gov- this purpose. That $4.1 billion is a lot rorists in the courts of the United ernment a tool they need to fight ter- of money, a lot of money. That is $4.10 States of America. Here is what they rorism. We also know that not a single for every minute since Jesus Christ found: From 9/11 until June 2009, 195 person has ever escaped from max- was born the way I figure it. terrorists were convicted and sen- imum security in the Federal prisons However, it is estimated it could cost tenced for their crimes in our courts. of America. Somehow, to create the no- $8.5 billion to construct the additional When the Senator on the other side tion that the people tried in our courts fencing required by the Senator’s says, ‘‘Prosecuting these individuals in are somehow going to be released in

VerDate Nov 24 2008 02:13 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.042 S20OCPT1 smartinez on DSKB9S0YB1PROD with SENATE S10558 CONGRESSIONAL RECORD — SENATE October 20, 2009 America—President Obama has made it Homeland Security with the resources leagues to support the conference re- clear, that will never happen. He is not it needs to succeed in its critical mis- port. endorsing that, never has. And to sug- sions. I urge support for the conference The PRESIDING OFFICER. The ma- gest that is to suggest something that report. jority whip is recognized. has never been endorsed by the admin- I yield the floor. Mr. DURBIN. Mr. President, unless istration. Furthermore, we know they The PRESIDING OFFICER. The Sen- someone is seeking recognition—and I can be held successfully in our courts. ator from Ohio. do not believe they are—I ask unani- This bill does the right thing. It gives Mr. VOINOVICH. Mr. President, I mous consent that all time be yielded the President the option, when the De- thank the chairman of our sub- back, and the Senate vote on adoption partment of Justice believes it is the committee, Senator BYRD, for the out- of the conference report, with no points most likely place to try, successfully, standing job he has done in finally put- of order in order. those accused of terrorism—to bring ting together this conference report so The PRESIDING OFFICER. Is there them into our court system, to detain it can be considered by the Senate. objection? them in the United States for that pur- I also acknowledge the tremendous Without objection, it is so ordered. pose. help we have gotten from our staff on The question is on the adoption of There is nothing in this bill which this piece of legislation. I am sorry the conference report. would give the President—or anyone, if that Carol Cribbs cannot be here today. Mr. DURBIN. Mr. President, I ask for he wanted it—the authority to release Carol worked very hard on this legisla- the yeas and nays. a Guantanamo detainee in America. tion. She is at home after taking a big The PRESIDING OFFICER. Is there a This is something that has been cre- fall and cutting her face, and I want to sufficient second? ated, unfortunately, by a lot of talk mention her name and let her know we There is a sufficient second. show hosts who do not read the bill and miss her and we appreciate the good The clerk will call the roll. do not understand the law and cer- job she has done for us. Rebecca Davies The legislative clerk called the roll. tainly do not understand what Guanta- has worked very hard on this legisla- Mr. DURBIN. I announce that the namo does to us today. tion, and I appreciate it. She was Senator from North Carolina (Mrs. What does it cost for us to hold a ter- bringing in a neophyte. This is my first HAGAN) and the Senator from Massa- rorist at Guantanamo today? Mr. opportunity to be on the Appropria- chusetts (Mr. KERRY) are necessarily President, $435,000 a year. That is what tions Committee. absent. it costs—dramatically more than the There have been several issues raised The PRESIDING OFFICER. Are there cost of incarcerating in America’s pris- here by some of my colleagues on our any other Senators in the Chamber de- ons. side of the aisle that are things that siring to vote? I want to make it clear that I en- should be taken into consideration. The result was announced—yeas 79, dorse the position not only of the ad- The Senator from Arizona continues to nays 19, as follows: ministration but also of GEN Colin make the case in terms of earmarks, [Rollcall Vote No. 323 Leg.] Powell; Republican Senators JOHN and I am sure he will continue to do YEAS—79 MCCAIN and LINDSEY GRAHAM; former that, and we do respect what he has to Akaka Gillibrand Murray Republican Secretaries of State James say about that issue. But I believe the Alexander Graham Nelson (NE) way this legislation is put together Baucus Grassley Nelson (FL) Baker, Henry Kissinger, and Begich Gregg Pryor Condoleezza Rice; Defense Secretary carefully justifies people on my side of Bennet Harkin Reed Robert Gates; ADM Mike Mullen, the the aisle supporting this legislation, in Bennett Hatch Reid Chairman of the Joint Chiefs of Staff; spite of some of the things the Senator Bingaman Inouye Roberts Bond Johanns Rockefeller and GEN David Petraeus, who have all from Arizona talked about. Boxer Johnson Sanders In addition to the provisions that Brown Kaufman said that closing Guantanamo will Schumer make America a safer place. deal with Guantanamo Bay, I wish to Brownback Kirk Burris Klobuchar Shaheen There are some on the other side of point out that the language in this Byrd Kohl Shelby the aisle who have not accepted that. I conference report is the same language Cantwell Landrieu Snowe do not believe they understand the that appeared in the June Defense sup- Cardin Lautenberg Specter plemental that was passed in 2009, Carper Leahy Stabenow threat which the continuation of Guan- Casey LeMieux Tester tanamo as an imprisonment facility which continues to be the law under Cochran Levin Thune challenges us to acknowledge in this the continuing resolution. Fundamen- Collins Lieberman Udall (CO) day and age when we face global ter- tally, what we do is put that same lan- Conrad Lincoln Udall (NM) guage here in this conference report. Cornyn Lugar Vitter rorism. Dodd McCaskill Voinovich Guantanamo must be closed because If somebody reads the conference re- Dorgan McConnell Warner it has become a recruiting tool for al- port, on page 38, they can see, in spite Durbin Menendez Webb Qaida and other terrorists. That is not of the fine words of the Senator from Feingold Merkley Whitehouse Feinstein Mikulski Wyden just my opinion; it is the opinion of Illinois, there is a large barrier the Franken Murkowski significant leaders of this country, President has to go over before he NAYS—19 such as former GEN Colin Powell. could let anyone here into this coun- I think we should endorse the lan- try. And if he does let them here, as Barrasso Crapo Kyl Bayh DeMint McCain URBIN guage in this conference report. We Senator D has said, they would be Bunning Ensign Risch should move forward with the adoption here for prosecution. But there are Burr Enzi Sessions of this conference report, give the seven hurdles that have to be met by Chambliss Hutchison Wicker Coburn Inhofe President another tool to fight ter- the President. Once he does that, then Corker Isakson rorism. 45 days thereafter he could bring some- I yield the floor. one in for prosecution. So I think any- NOT VOTING—2 The PRESIDING OFFICER (Mr. one who is concerned about bringing a Hagan Kerry KAUFMAN). The Senator from West Vir- bunch of the Gitmo people here in the The conference report was agreed to. ginia. United States for any other reason but Mr. COCHRAN. Mr. President, I move Mr. BYRD. Mr. President, as we com- prosecution should be comforted by the to reconsider the vote. plete the debate today on the fiscal fact of this language. Also, I point out, Mr. BAUCUS. I move to lay that mo- year 2010 Homeland Security Appro- there is language in the Senate Defense tion on the table. priations bill, I again thank the very appropriations bill that also deals with The motion to lay on the table was able Senator from Ohio, GEORGE this subject. agreed to. VOINOVICH, the ranking member, for his So for all intents and purposes, I Mr. GRASSLEY. Mr. President, while many contributions to this bipartisan think we have done a fairly good job. I voted in support of the fiscal year legislation. Frankly, I wish we had adopted this 2010 Homeland Security appropriations I thank all Senators. This conference conference report a month and a half bill, I do want to take this opportunity report provides the Department of ago. But we did not. I urge my col- to express my frustrations with the

VerDate Nov 24 2008 00:32 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.044 S20OCPT1 smartinez on DSKB9S0YB1PROD with SENATE October 20, 2009 CONGRESSIONAL RECORD — SENATE S10559 fact that many good provisions were the ‘‘no-match’’ rule put in place in criminal conduct. By identifying, pros- taken out of the final bill by the 2008 to notify employers when their ecuting, and punishing alleged crimi- House-Senate conference committee. employees are using a Social Security nals on Wall Street, we are restoring The provisions I want to talk about number that does not match their the public’s faith in our financial mar- were intended to improve our ability to name. These ‘‘no match’’ letters help kets and the rule of law. enforce immigration law in the inte- employers who want to follow the law So while the Enforcement Division is rior and to secure the border to protect and make sure they are employing le- sending a strong signal about insider the homeland. gally authorized individuals. trading, it still has not brought any en- First, I want to talk about the I voted for this bill on the Senate forcement actions against naked short amendment I pushed for during Senate floor because homeland security is not sellers. This is despite the fact that consideration of the appropriations something we should play politics naked short selling is widely acknowl- bill. It would have given businesses the with. Defending our country is our No. edged by many on Wall Street to have tools to ensure that they have a legal 1 constitutional priority. Taxpayers ex- helped manipulate downward the prices workforce. My amendment would have pect us to get these bills passed and we of Lehman Brothers and Bear Stearns allowed employers to voluntarily have that responsibility. I voted for in their final days. Their resulting fail- check their existing workforce and this bill today because it includes fund- ure served as a catalyst for the ensuing make sure their workers are legally in ing for essential border security and in- financial crisis that affected millions this country to work. It said that if an terior security efforts. However, there of Americans. employer chooses to verify the status are a number of problems with this bill I am pleased the SEC has flashed a of all their workers—not just new despite my vote for it. I am concerned red light in front of insider trading. hires—then they should be allowed to that the House and Senate conference But until it brings a case or makes the do so. And, it had protections in place. committee did a disservice to the naked short selling that took place last If an employer were to elect to check American people by taking out lan- year an investigative priority, the all workers, they would have to notify guage preventing illegal aliens from Commission is leaving a green light in the Secretary of Homeland Security gaining work in this country. The con- front of naked short sellers. When you that they plan to verify their existing ference committee, had they kept the have a red light on one road and a workforce. The employer would then provisions I talked about, would have green light on another road, everyone have 10 days to check all workers. This helped many Americans who are look- knows where the cars are going to go. ing for work and struggling to make short time period would prevent em- This concern is not mine alone. In ends meet. The provisions would have ployers from targeting certain workers the words of the Dow Jones Market also held employers accountable for by claiming that they are ‘‘still work- Watch, in a recent article entitled their hiring practices. It’s my hope ing on’’ verifying the remainder of ‘‘SEC Loses Taste for Short Selling that this body will work harder to beef their workforce. And, my amendment Fight:’’ would have required the employer to up our immigration enforcement ef- More than a year after short sellers alleg- check all individuals if they plan to forts, and ensure that Americans are given a priority over illegal aliens dur- edly sucked the broader market lower by check their existing workforce. If they concentrating negative bets in troubled fi- check one, they check them all. ing this time of high unemployment. nancial firms, the Nation’s securities regu- Employers want to abide by the law f lators appear to be backing off curbing the and hire people that are legally in this MORNING BUSINESS practice. country. Right now, E-Verify only al- Mr. BAUCUS. Mr. President, I ask In a piece on the naked short-selling lows them to check prospective em- debate, Forbes magazine noted: ployees. But, we should be allowing unanimous consent that the Senate proceed to a period for the transaction We have become a nation that ponders ev- employers to access this free, online erything without resolution. database system to check all their of morning business, with Senators workers. permitted to speak for up to 10 minutes This is critical because the SEC’s Second, while I am grateful that the each. current rule against naked short sell- committee recognizes the need to keep The PRESIDING OFFICER. Without ing—a reasonable belief standard that E-Verify operational and that the bill objection, it is so ordered. the underlying stock would be avail- includes a three year reauthorization Mr. BAUCUS. Mr. President, I sug- able if it is needed—is widely viewed as of the program, I am disappointed that gest the absence of a quorum. unenforceable. The market has re- The PRESIDING OFFICER. The the conference committee stripped an cently been showing promise in moving clerk will call the roll. upward, but if it goes south—and I am amendment to permanently reauthor- The assistant bill clerk proceeded to ize E-Verify. The amendment authored sorry to say eventually it will again— call the roll. the bear raiders who destroyed our by Senator SESSIONS was passed with Mr. KAUFMAN. Mr. President, I ask bipartisan support. The administration economy a year ago and made millions unanimous consent that the order for in the process will strike again. and the majority leadership claim they the quorum call be rescinded. If you know you can sell 5,000 um- fully back the E-Verify program, but The ACTING PRESIDENT pro tem- brellas on a rainy day in New York, their actions don’t show it. Our busi- pore. Without objection, it is so or- you are going to be out on the street nesses need to know that this program dered. with 5,000 umbrellas the next time it will be around for the long-term, and f that they can rely on the Federal Gov- rains. The next time one of our TARP ernment to make sure that the workers NAKED SHORT SELLING banks or other financial institutions they hire are legally in this country. Mr. KAUFMAN. Mr. President, I rise look vulnerable, naked short sellers The third amendment stripped by the to applaud the SEC’s Enforcement Di- will seize the opportunity to profit conference committee would have in- vision for recently bringing two ac- again, and this time it could cost the creased our ability to secure the border tions for insider trading against Wall taxpayers directly. The SEC will have by putting funds into fencing to reduce Street actors. While our judicial sys- no ability to stop them or punish them illegal pedestrian border crossings. The tem must run its course, I am nonethe- after the fact. DeMint provision would have required less pleased that the investigators and Given what is at stake, why have we 700 miles of reinforced pedestrian fenc- prosecutors are working together to not had action? Frankly, it is a story ing to be built along the southern bor- target Wall Street wrongdoing. emblematic of problems on Wall der by December 31, 2010. In white-collar crime, securities Street. The story starts in July 2007, Finally, an amendment to allow the fraud, and insider trading, enforcement when the SEC decided to remove the Department of Homeland Security to is critical to deterrence. In turn, deter- uptick rule which forces short sellers go forward with the ‘‘no match’’ rule rence is critical to maintaining the in- to wait until a stock ticks up at least was stripped. This amendment by Sen- tegrity of our capital markets. once before being allowed to sell with- ator VITTER would have blocked the The importance of these cases ex- out putting anything effective in its Obama administration from gutting tends beyond deterring and punishing place.

VerDate Nov 24 2008 00:32 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.048 S20OCPT1 smartinez on DSKB9S0YB1PROD with SENATE S10560 CONGRESSIONAL RECORD — SENATE October 20, 2009 When I was at Wharton back in the At a recent SEC roundtable, major Democrats’ bills because they don’t midsixties, the uptick rule was an arti- problems with the current regulatory want to take on the trial lawyers. cle of faith. But a couple years ago, the structure were exposed. Even panelists Protecting trial lawyers should not 70-year-old uptick rule became another heavily stacked in favor of industry ad- be the goal of health care reform. Their casualty of deregulation, an impedi- mitted that compliance with the re- multimillion-dollar ‘‘jackpot justice’’ ment to market liquidity, they said. quirement is widely ignored. Commis- lawsuits drive up the cost of health A little over a year later, two of the sioner Elisse Walter acknowledged, care for everyone and are a big reason Nation’s biggest banks—Bear Stearns prosecuting naked short sellers on the America’s health care premiums have and Lehman Brothers—had collapsed. reasonable belief standard is a ‘‘very soared. Why? To help guard themselves Lehman’s failure alone, with $613 bil- difficult case to bring.’’ from ruinous lawsuits, physicians must lion in debt, was far and away the larg- Because the ‘‘reasonable belief’’ purchase expensive medical liability est bankruptcy in U.S. history. Both standard is unenforceable, abusive insurance, often at a cost of $200,000 a banks were victims of their own risky short sellers are essentially free to en- year or more for some specialists such behavior and their own poor judgment. gage in criminal activities without fear as obstetricians and anesthesiologists. Their thinking was clouded by an aura of facing criminal prosecution. Because doctors pay for this insur- of invincibility—willingly taking high- The SEC’s silence speaks volumes. ance, patients do too. Hudson Institute ly leveraged positions in what turned They have given no indication that economist Diana Furchtgott-Roth esti- out to be toxic assets. there will ever be action. Nothing— mates that 10 cents of every dollar paid But while Bear and Lehman certainly from the SEC’s strategic plan to var- for health care goes toward the cost of are responsible for their actions, naked ious speeches by SEC executives—ac- doctors’ medical liability insurance. short selling played a crucial role in knowledges that this is a priority. The Dr. Stuart Weinstein, the former presi- accelerating their fate. SEC has taken action on insider trad- dent of the American Academy of Or- I wish to make an important distinc- ing; it should devote the same inten- thopedic Surgeons, has written about tion. Short selling is a well-established sity of purpose to stopping abusive the extra cost of delivering a baby be- market practice. It can enhance mar- naked short selling. cause of the high cost of these pre- ket efficiency and price discovery. I, I suspect the problem is that our fi- miums. If a doctor delivers 100 babies a myself, have sold stock short on many nancial institutions, which can now year and pays $200,000 for medical li- occasions, but I always had to borrow trade stocks with previously unimagi- ability insurance, then ‘‘$2,000 of the the stock first before I could sell into nable speed and frequency, simply are delivery cost for each baby goes to pay the market. unwilling to support any regulation the cost of the medical liability pre- Naked short selling is another mat- that will slow down their profit- maxi- mium,’’ Dr. Weinstein wrote. So the ter altogether. It occurs when someone mizing programs. High-frequency trad- costs of this insurance, passed on to pa- sells a stock they do not own and have ers balk at the suggestion that they tients, are real. not borrowed. Naked short selling cre- wait in line and get their ticket An even bigger cost related to the ates two risks in the marketplace. The punched—by first obtaining a ‘‘hard lo- threat of lawsuits is doctors’ use of de- seller may not be able to deliver the cate’’ of the stock—before selling fensive medicine. The looming specter necessary shares on delivery date and short. If that is the case, then we are of lawsuits makes most doctors feel bad actors can manipulate stocks letting technological developments on they have no choice but to take extra downward, repeatedly selling some- Wall Street dictate our regulatory and or defensive precaution when treating thing they do not own. enforcement destiny rather than vice patients. A 2005 survey published in the Naked short selling, without first versa. That philosophy is simply unac- Journal of the American Medical Asso- borrowing or obtaining a so-called hard ceptable. ciation found that 92 percent of doctors locate of the shares, essentially in- Clearly, the cost of inaction in this said they had made unnecessary refer- creases the number of shares in the area is too great to ignore. Accord- rals or ordered unnecessary tests and market, which tends to lower the value ingly, I urge my colleagues to join Sen- procedures solely to shield themselves of the stock. ators ISAKSON, TESTER, SPECTER, from medical liability litigation. It is exactly as if I made three copies CHAMBLISS, and me as cosponsors of S. To say the costs of defensive medi- of my car’s title and then sold the title 605, which requires the SEC to move cine are high is an understatement. to three different people. By the time I quickly to address naked short selling Sally Pipes, president of the Pacific sold my third title, it would likely be by reinstating the substance of the Research Institute, has found that de- impossible to deliver the car to the prior uptick rule and requiring traders fensive medicine costs $214 billion per third buyer and its value would also to obtain a contractual hard locate be- year. A new study by have declined. fore selling short. We need to send a PricewaterhouseCoopers reveals simi- When Bear Stearns and Lehman strong message to the SEC that the lar findings, pegging the annual cost at started to crumble, many believed ma- Congress will not tolerate inaction on $239 billion. So you have the approxi- nipulative naked short sellers, using a this critical issue. mate amount here—$214 billion and series of large and frequent short sales Mr. President, I yield the floor. $239 billion. In any event, defensive known as bear raids, helped drive both The ACTING PRESIDENT pro tem- medicine imposes a huge cost on the firms into the ground. Bear Stearns’ pore. The Senator from Arizona, the American public. stock dropped from $57 to $3 in 3 days. Republican whip. Medical liability reform would work Let me repeat. Bear Stearns’ stock f to bring down health care costs for pa- dropped from $57 to $3 in just 3 days. tients and doctors. Among the ways to When Lehman collapsed, an aston- HEALTH CARE REFORM do it are capping noneconomic damage ishing 32.8 million shares in the com- Mr. KYL. Mr. President, the goal awards and attorney’s fees and imple- pany had been sold short and not deliv- shared by all of us in the Senate is to mentation of stricter criteria for ex- ered on time. make health care more affordable for pert witnesses who are testifying in The SEC has proven incapable of Americans. Some ask why there hasn’t these medical liability lawsuits. Trial both preventing market manipulation been more support for medical liability lawyers frequently use their own ex- from happening and punishing those re- reform—a popular, cost-free measure perts to criticize the defendant doctor’s sponsible for it. We cannot allow this that would unquestionably yield sig- practice. Well, the experts should have to continue. nificant savings for patients and doc- no relationship with or financial gain Since March, a bipartisan group of tors. The most honest answer to that from the plaintiff’s lawyer, and they Senators and I have been calling on the question came from former Vermont should have real expertise in the area Commission to reinstate some form of Governor and Democratic National of medicine at issue. the uptick rule and put a rule in place Party Chairman Howard Dean, who Some States, including my home that the SEC Enforcement Division said at an August townhall meeting in State of Arizona, have already imple- could use to stop naked short sellers Virginia that medical liability reform mented medical liability reform meas- dead in their tracks. has not been included in any of the ures with positive results.

VerDate Nov 24 2008 00:32 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.046 S20OCPT1 smartinez on DSKB9S0YB1PROD with SENATE October 20, 2009 CONGRESSIONAL RECORD — SENATE S10561 Dr. James Carland, who is president dence that it would lower health care into the future. We cannot continue to and CEO of MICA, which is Arizona’s costs for doctors, patients, and the gov- deliver a level of government the largest medical liability insurer, wrote ernment, none of the health care bills American people are unable or unwill- a letter to me recently to describe being written by congressional Demo- ing to pay for without very serious some of the results he has seen from crats tackle medical liability reform. consequences to the American way of medical liability laws implemented in It makes no sense that in debates life. I want to talk just a bit about Arizona, specifically from two stat- about bringing down cost, this com- that. utes—one that reformed expert witness monsense measure is ignored by the First and foremost, the deficits are standards and another that imposed a majority party. If we are serious about growing and have been very serious. It requirement to inform the defendant, making health care more affordable, is not unusual that in the middle of the before trial, of expert witness testi- we must have medical liability reform. deepest recession since the Great De- mony and to preview the substance of We will work for the American people, pression we would have growing Fed- that testimony. Dr. Carland wrote that not the trial lawyers. eral budget deficits. Why? Because the enactment of these two statutes Mr. President, I suggest the absence more people are unemployed, out of has ‘‘reduced meritless medical mal- of a quorum. work. More people need the kind of so- practice suits’’ in Arizona. Indeed, The ACTING PRESIDENT pro tem- cial services and the stabilizing pay- after their enactment, medical liabil- pore. The clerk will call the roll. ments that we do. When people are in ity suits dropped by about 30 percent. The assistant legislative clerk pro- trouble and we are in a recession, that That drop has been accompanied by a ceeded to call the roll. increases the spending. drop in medical liability premiums. Mr. CARDIN. Mr. President, I ask It is also the case that the amount of Since 2006, MICA has reduced pre- unanimous consent that the order for revenue we expected this year is down miums and returned about $90 million the quorum call be rescinded. about $400 billion because people are to its members in the form of policy- The PRESIDING OFFICER (Mr. making less money, corporations are holder dividends. KAUFMAN). Without objection, it is so making less money, less is coming in in Another State that has had success ordered. tax revenue. So it is not unusual, in with medical liability reform is Texas, The Senator from Maryland is recog- the middle of the most significant eco- which passed a series of measures in nized. nomic trouble since the 1930s that we 2003, including limits on noneconomic Mr. CARDIN. I thank the Chair. have higher spending, less revenue, and damages and a higher burden-of-proof (The remarks of Mr. CARDIN per- therefore deficits that are ratcheting requirement for emergency room neg- taining to the introduction of S. 1816 up. ligence. The number of doctors prac- are located in today’s RECORD under Deficits just by themselves would not ticing in Texas has now skyrocketed, ‘‘Statements on Introduced Bills and necessarily be something that we while costs have plummeted. It has Joint Resolutions.’’) would object to if the deficits purchase been widely reported that since those Mr. CARDIN. Mr. President, I suggest something of great value that was nec- reforms were implemented, medical li- the absence of a quorum. essary at this moment. Ask this ques- censes in Texas have increased by 18 The PRESIDING OFFICER. The tion and I expect the answer is self-evi- percent and 7,000 new doctors have clerk will call the roll. dent. What if someone said: You need moved into the State. The assistant legislative clerk pro- to spend $1 trillion that you do not To reduce costs for both physicians ceeded to call the roll. have, $1 trillion of deficits right now, and patients, Senator CORNYN and I Mr. DORGAN. Mr. President, I ask but if you do that, if you spend that $1 have introduced legislation that would unanimous consent the order for the trillion, you will cure cancer. Do you achieve medical liability reform by quorum call be rescinded. think anyone would say: No, that is combining what has worked best in our The PRESIDING OFFICER. Without not a smart thing to do. Of course we two States, Texas and Arizona. We objection, it is so ordered. would do that, because it would pro- have taken the Texas stacked cap f mote dramatic dividends for a long model for noneconomic damages and time. FISCAL POLICY coupled it with expert witness statutes But regrettably that is not what this proven to limit the filing of meritless Mr. DORGAN. Mr. President, in re- deficit is about. This is not about hav- lawsuits. cent weeks, and especially in more re- ing done something of significant Republicans offered these kinds of li- cent days, we have had a lot of discus- merit. This is largely a structural def- ability reform amendments during the sions on the floor of the Senate by icit in which we have an expenditure Finance Committee markup, but all of Members about the Federal budget def- base that is growing, and a revenue them were ruled out of order by the icit and about fiscal policy. It is a seri- base that has not kept up, and now it chairman of the committee. One of ous issue in my judgment, one to which has been aggravated, especially in a these amendments, recently scored by we have to pay a lot of attention. But very deep recession. When I see the the Congressional Budget Office, would some of the discussion on the floor of folks on the other side of this aisle have saved the Federal Government $54 the Senate has been wrapped in par- come to the Senate to talk about gen- billion in health care costs over the tisan wrapping. The suggestion is the erational theft, and to point fingers at next 10 years. My colleague from Ne- fingers are all pointing to the new the administration, let me be quick to vada, Senator ENSIGN, asked the Direc- President—new because he has been in point out, there is a long history to tor of the CBO if we could expect a office only 10 months. Somehow this how we got to where we are, a very similar approximate reduction in cost very deep fiscal policy hole, these very long history that does not start at 1600 in the private sector, since about half large and growing Federal budget defi- Pennsylvania Avenue in January of of all medical costs are paid for by gov- cits, should be laid at his feet. this year. Let me revisit a little bit of ernment and the other half in the pri- The fact is, in my judgment, there is that history, if I might. I am not doing vate sector. Dr. Elmendorf, the Direc- plenty of responsibility to go around it to suggest that one side is all right tor of the CBO, agreed that we could on all parts. I am going to talk a little and the other side is all wrong. I am expect approximately the same addi- about that. This administration knows doing it because there are people who tional amount of savings in the private it. They have some responsibility. This come to the floor of the Senate seem- sector. That would be well over $100 Congress certainly has major responsi- ing to act as if they were exploring the billion. bility. The past administration has sig- surface of Mars while all of this was Medical liability reform enjoys heavy nificant responsibility. going on. In fact, they were not. Many support among our bosses—the Amer- The American people are a lot less of them were here in this Chamber. ican people. According to a new Man- interested in who wants to own up to When President Clinton left office in hattan Institute paper, 83 percent of that responsibility than they are about the year 2000, we had a $236 billion Americans want to see it in any health who is going to try to do something to budget surplus. That was called the care bill passed by the Congress. De- fix our deficit problems. We cannot ‘‘unified surplus.’’ The actual ‘‘on- spite this support and the concrete evi- have deficits that are growing far out budget surplus’’ which does not count

VerDate Nov 24 2008 00:32 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.049 S20OCPT1 smartinez on DSKB9S0YB1PROD with SENATE S10562 CONGRESSIONAL RECORD — SENATE October 20, 2009 the Social Security revenues—and I do cits, when we fell off the cliff last Octo- The result was this economy was not think you should count Social Se- ber into a very significant recession, taken right into the ditch by a bunch curity revenues—was $86 billion. So very deep hole, the Federal budget def- of shysters who were making a lot of when President Clinton left office that icit skyrocketed. money. A lot of them left their firms year, for the first time in decades we Let me put up a chart of Federal with a lot of money and stuck this had a real budget surplus, and the ex- budget deficits. I do this because we country with a big bill, and now we see pectation was that the on-budget sur- are on an unsustainable path. The today they are the ones getting the big plus was going to grow to more than $3 President knows that. In fact, today bonuses. trillion in the coming 10 years. That the Wall Street Journal talks about By the way, the investment banks was the expectation. And as all of us the President’s plan to tackle the Fed- that are supposed to be lending money know, President Bush came to town. eral budget deficit. The President un- are not lending money. They are trad- And George W. Bush said: My first pri- derstands and I understand, in the mid- ing in securities, making money for ority is to do very large tax cuts for dle of a deep recession, as we have got themselves. Meanwhile, we have got a the American people. our foot on the accelerator to try to lot of small and medium businesses out I stood here on the floor of this Sen- get this economy moving again, you there that are in desperate need of ate and said: You know what. Let’s be cannot decide to take a lot of money credit. It still has not all stopped. But a little conservative about this. What out of the economy. So you could not the point is, to suggest somehow that if something should happen and we do at this moment decide: You know this has all happened on the watch of a not have these surpluses? These are what. We are just going to collapse all new President in his first 10 months is only estimates. They are not in our of this red ink immediately. It would ridiculous. We all have a stake in this, hands. They are only estimates. Why be devastating and throw this country and we all have responsibility for it. don’t we be a bit careful? into a deep economic tailspin. I under- We are all going to have to start work- The President said: No, we are not stand that. ing on it together. going to do that. And most of my col- But here is what we face. We face This morning in a meeting I quoted leagues—by the way, the majority of growing deficits fighting wars. When Ogden Nash, who had a little four-line my colleagues—said: No, we are not the President took over, had he done poem about a guy who drinks and his going to do that. We are going to enact nothing in fiscal year 2009, we would wife who nagged him about it: She a piece of legislation that will substan- have had a budget deficit, it is esti- scolds because he drinks, she thinks. tially cut taxes, the majority of which mated, of about $1.3 trillion. He drinks because she scolds, he went to upper income people in this Last fall it was the Troubled Asset thinks. Neither will admit what is real- country. Relief Fund, $700 billion. Then when he ly true, he is a drunk and she is a The benefits to the upper income peo- took over, this President wanted an shrew. ple in this country—somewhere around economic recovery fund. I supported Responsibility on both sides. Respon- 5 percent of the taxpayers—will total that because I believed it was better to sibility on both sides here for fiscal almost $1 trillion over the 10 years. pump some money into the economy policy. We all have a stake in this. We The households in the top 1 percent, rather than risk the economy going all have a responsibility. The question with incomes over $450,000 in 2008, will into a much deeper economic hole. is not having people come to the floor on average get a $489,000 tax break over But all of that, in my judgment, has and point fingers at a new President ten years. Think of that. You say: put us on an unsustainable path. You who has been in office for just 10 Those of you who are fortunate to earn see, out in 10 years, this is not sustain- months. The question is, who is going nearly half a million dollars in this 10- able. The President knows that. I have to come to the floor of the Senate and year period, we are going to give you talked to the President personally decide together—together—to try to close to $500,000, half a million dollars about it. As I indicated, a story today pull this economy up and out of this in tax breaks. talks about the President’s determina- desperate condition? Should that have been a priority? I tion, as the economy strengthens in I think we are finally starting to see don’t think so. I did not support that. the coming months, next year to turn some improvement here. I understand But it was for the President and the to this issue and deal with it and solve that we do need to steer toward a fiscal majority of the Congress. So the Con- it. We do not have a choice. policy that reconciles our revenues and gress cut the revenue very substan- But what brings me to the floor is expenditures. Yes, to do that we are tially to benefit the highest income this discussion by some of our col- going to have to cut some spending. We Americans. Then what happened? Well, leagues to say: Aha. Now we have got are. I understand that. I am prepared what happened was we discovered very these big budget deficits. That belongs to do that. However, I do not think we quickly we were in a recession. In 2001, to the person in the White House. That have to do it right this moment while when President George W. Bush took is President Obama’s fiscal policy. It is we are still trying to crawl out of an over, at the end of March, we discov- not. It just is not. This has a long his- economic hole. But we need to do that. ered we had a struggling economy. tory. It started when this country We also need some additional rev- Then on 9/11 of that year we were at- fought a war without paying for a enue. I would say to some of my friends tacked by terrorists, and very quickly penny of it, while at the same time en- here in the Senate who continue to we were in a war in Afghanistan, and acting massive tax breaks primarily vote against commonsense proposals to soon thereafter in a war in Iraq. for the richest Americans. get the revenue we need: Help us. When The President said: Despite the fact By the way, it is the first time, I be- we see U.S. companies that want all that we now are in recession, and had a lieve, in the history of this country the benefits America has to offer them terrorist attack, and two wars, we are that that has happened. And then so they can run their income through not going to pay for the cost of these steering this country into a cir- the Cayman Islands and avoid paying wars. We are going to send emergency cumstance where the previous adminis- taxes to this government, help us re- supplemental requests that are not tration hired regulators who were con- cover those funds. paid for, and we expect you to support tent to be willfully blind and say: You I have shown the photograph on the our soldiers in the field. know what. I would like a job. I would floor of the Senate about the Ugland So nearly $1 trillion was spent on the like a salary. But count on me to be House. I am guessing I have shown it at two wars in the last 9 years. And not a willfully blind. I will not regulate a least a dozen times. When I first penny of it was paid for. Right onto the thing. showed the picture of this white house debt. Then in the year 2008, our econ- As a result, we had unbelievable in the Grand Cayman Islands on omy fell off a cliff in October. And not things happening in this country. Church Street, a four-story little surprisingly, having built up a substan- Greed. Unbelievable things. I have house, I said it is home to 12,748 cor- tial amount of deficits over this period given speech after speech about what porations. Oh, they are not all there. It of time fighting two wars, having had a happened with the subprime mortgage is just a lawyer who created a legal ad- recession, without paying for any of it, scandal, the Wall Street credit default dress for them at the Ugland House so having built up these unbelievable defi- swaps, CDOs, you name it. they can avoid paying taxes.

VerDate Nov 24 2008 00:32 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.051 S20OCPT1 smartinez on DSKB9S0YB1PROD with SENATE October 20, 2009 CONGRESSIONAL RECORD — SENATE S10563 When I first talked about that, it was gether, to work together. Our history This was not a hurricane or tornado or 12,748 corporations. I am told now there is a long history of supporting the men flood that visited America. This was a are 18,857 entities that call that white and women who wear a military uni- very serious problem at a time in stucco house in the Grand Cayman Is- form. When the Civil War erupted, Con- which regulators did not regulate. lands home. Many of these companies gress passed the Revenue Act of 1861 to They decided not to watch. This coun- have set up mailboxes in a tax haven try to raise money for soldiers. The try was stolen blind by a bunch of folks country to avoid paying their fair War Revenue Act of 1899 raised funds to who made a lot of money doing it. Now share of taxes. pay for the Spanish-American War. The we have to begin to repair and pick up What about a bank such as Wachovia entry into World War I increased the the pieces. That requires financial re- Bank that buys a sewer system in Ger- need for revenue, and Congress re- form in order to restore confidence in many from a German city? Is it be- sponded by raising the funds for that the economy going forward. It also re- cause a bank in America should own a war. Even before the United States en- quires, in this Chamber, a fiscal policy sewer system that they could pick up tered the Second World War, defense that relates to fiscal discipline, to say: and bring back home? It is a complex spending and the need for money to We understand we have to deal with sale-leaseback transaction in which an support the allies led to passage of two spending, and there are some areas American bank buys a German city’s tax laws in 1940. In the Vietnam war, where spending is out of control. We sewer system, leases it back, and then there was a surcharge to help pay for have to deal with revenues. There are they get to depreciate it on their it. some areas where additional revenues American income taxes and save a cou- I don’t come suggesting there is a are needed and some areas where most ple of hundred million dollars in U.S. great appetite to raise revenues. I un- of the American people pay up while income taxes. The Wachovia Bank did derstand that. I am saying those who others get by time after time, deciding that. come and talk about fiscal policy being to have all the benefits America is I have spoken of other corporations a very serious problem are absolutely willing to offer but to pay none of the that have done exactly the same thing. right. It is one of the most significant requirements to be an American cit- We are going to have to cut spending, problems we face. We are on an izen. Part of those requirements is for but we are going to have to increase unsustainable course. The President that which we do together to build a some revenue. How about some help knows that. So does the Congress. The great country. from all of our colleagues who say that President has told me, as he said today We had a discussion with Warren sort of thing should stop. If you want in the Wall Street Journal, that he Buffett some while ago. I have known everything that America has to offer takes this seriously, and it will be at Warren Buffett for a long while. He is you, how about paying your fair share the top of his agenda as we turn this a very wealthy man. I have great admi- of taxes? Most people do. They do not calendar year. I take him at his word. ration for him. He is the first or second have a choice. They get a W–2, a W–4 I believe he means that and knows that most richest man in the world. He has form, get a wage, work hard and are ex- because we have talked about it. We no pretenses at all. He doesn’t look hausted at the end of the day. They are going to need help to try to fix this like it. One of the most interesting have got a job. By the way, in April of fiscal policy. We cannot continue to things he did was take a survey in his each year, they understand they owe see increasing deficits far out into the office with 40 employees. Voluntarily, something. Yes, to build roads, to build future. It will weaken the country. Ul- his employees described for him what schools, provide for defense, to make timately, it will cause a run on the dol- they paid in income taxes and payroll sure there are police on the beat, fire- lar, with unbelievable consequences for taxes. The combined tax burden of all fighters spending the night in a fire the economy. the employees in the office showed he house. They owe something because This is not rocket science. We under- actually paid the lowest percentage. the cost of government requires all of stand the consequences of these issues. The world’s richest man paid the low- us to pay something. But some are pay- You go to war and you provide tax cuts est percentage. His income all came ing nothing and some of them are the for the wealthiest citizens? I don’t from capital gains, which pays the low- largest enterprises in the country, find- think so. That doesn’t make any sense. est rate of 15 percent. I believe he said ing ways to slip through the cracks. Ultimately, you will pay for that with his receptionist pays a higher rate than So we need to do a lot of things to fix consequences, and we have begun to see he does. He said to us: That is wrong. these Federal budget deficits, a lot of it. What I want for our country is to You all ought to fix it. things. It is going to require some address these issues. Good for him. He is a role model in courage and we need to start relatively A couple issues that are significant many ways for being able to speak up soon. are Social Security and Medicare. We on these issues. But one of the things I wanted to quote Franklin Delano can deal with those issues. We can deal he was asked was: What do you think Roosevelt in one of his fireside chats, with success. Why does Social Security will happen to the economy in the next because there is such a description and Medicare cost us more? It is called 6 months? His response was inter- sometimes of selfishness in our country success. People are living longer and esting. He said: I don’t have the fog- today, only by some, not the majority. better lives so it costs us more in So- giest idea. I don’t know what is going But here is what Franklin Delano Roo- cial Security and Medicare. But a to happen in the next 6 months. I don’t sevelt said about our country during country that can’t handle success is a know what is going to happen in the war: country that can’t handle difficult next 16 months. But I know what is He said: problems, let alone the easy ones. I be- going to happen 6 years from now. Not all of us can have the privilege of lieve we can do that. I believe we can Within the next 6 years, you will have fighting our enemies in distant parts of the world. Not all of us can have the privilege of address the big issues of Social Secu- an America that is growing and vibrant working in a munitions factory or a ship rity and Medicare in a thoughtful way. and healthy, expanding jobs, lifting the yard, or on the farms or in the oil fields or Then we can also decide that budget middle class. Why do I know that? Be- mines, producing weapons or raw materials deficits such as these are unsustainable cause that is what America does. It has that are needed by our armed forces. But and have to be dealt with. This is the always done that. It has created incen- there is one front and one battle where ev- President’s priority. It is our priority. tives for the hard-working nature of eryone in the United States—every man, It ought to be a Republican priority the American people. woman, and child—is in action. . . . That and a Democratic priority. Instead of Yes, we go through difficult times front is here at home, in our daily lives, and and troughs and trouble, but this coun- in our daily tasks. Here at home everyone pointing fingers at each other, let’s de- will have the privilege of making whatever cide to link arms and see if we can find try always picks itself up. I am con- self-denial is necessary, not only to supply a way to bring fiscal policy under some vinced, while I don’t know what is our fighting men [or women], but to keep the control. going to go on 6 months from now, I am economic structure of our country fortified First and foremost, let’s lift the absolutely convinced that 6 years from and secure . . . economy out of this hole. I believe we now this country will be right back on He is talking about common purpose, are beginning to see progress there. track and doing just fine, probably well the need for our country to come to- This was not some natural disaster. before that.

VerDate Nov 24 2008 00:32 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.051 S20OCPT1 smartinez on DSKB9S0YB1PROD with SENATE S10564 CONGRESSIONAL RECORD — SENATE October 20, 2009 I have his same faith in the future. I They want to argue issues totally unre- cluding 20,000 in my State who lost am convinced there isn’t anything we lated to unemployment. They don’t benefits at the end of September. An- can’t do. In terms of inventing, we seem to understand there are real peo- other 200,000 families across the coun- don’t have to invent something to find ple out there calling my office every try could lose their lifeline to unem- a way to fix what I have described, a day—and most Senators—explaining ployment benefits this month if Repub- fiscal policy that needs fixing. We can they are out of work and desperate. licans continue to stall and stop us do that. That only requires common Let me read an e-mail I received re- from extending unemployment insur- sense. cently from one of my constituents in ance. The next time one of my colleagues Gurnee, IL: What are the Republicans waiting comes out and says: We are in a deep Dear Sir: I have worked my entire life from for? Mr. President, 1.3 million Ameri- economic hole, and we have all these the age of 12 to 56 years old. I have never cans will lose this temporary assist- deficit issues, we would like to point to seen it this bad. Even during the Reagan re- ance by the end of the year if Congress a President who has been in office less cession, you could find something. All the does not pass this simple extension of than 10 months as the root cause of the emergency unemployment has expired. All benefits, and 50,000 of those families everyone can talk about is health care. I re- problem, the fact is, this President alize it’s important but I refuse to believe no are in my home State. The unemploy- knows there is a fiscal policy problem. one notices when we run out of help. When ment check certainly doesn’t replace But this problem has been building for AIG and the banks needed money, the Con- the wages people have lost, but it may a long time. The bubbling up of this fis- gress was pretty quick to respond, and gen- give them enough to get by. cal policy dilemma has been with us a erous. So much so that the TARP fund still According to the Center on Budget long time, and some of the same people has more than enough money to do the job. and Policy Priorities, the Recovery who come to point their fingers have a But when it comes to the common man, we Act’s unemployment insurance provi- significant hand in creating it. get help one piece at a time. Unemployment sions have kept 800,000 Americans out compensation is not welfare. We are working of poverty so far this year. So if Repub- I will talk about Afghanistan in the people. We are not invisible. But by the at- next day or two. But those who come tention we get, that’s how I feel. I know licans want to see unemployed people to the floor and say: Let’s send 40,000 you’re a busy man, but if you can, please say fall into the ranks of poverty, I can tell more troops to Afghanistan, set aside something about helping the unemployed. you what it means. It means that what for a moment the merits of that. I am Emergency funding expired 2 weeks ago. We is available to them is even less. What not talking about the merits. But let need help yesterday. they will lose will be disastrous for me say, we are told that sending 1,000 A lot of letters come into our office them and their families. They will be troops abroad for a year costs $1 bil- this way, e-mails. People are desperate. the people you will find at the food lion. So the proposition is, if you are Last Friday, when I was in Chicago, I banks, the soup lines. They will be coming to say that, you are saying: sat down with a group of about 20 un- similar to the one in my hometown Let’s spend another $40 billion in the employed people and let them tell their heading out for township assistance coming year. I ask those who do that stories—invited the press in to let which is, I am afraid, the bottom of the to tell us how we will spend the $40 bil- them hear the stories. Many people barrel for most people when you have lion and how they propose we raise the have a mistaken notion of who the un- run out of ideas on how to put some funding. Because I think it is time, employed are. Some Republicans argue food on the table. That is what is going long past time that we decide to fund they are folks who are not trying hard to happen if we don’t extend unemploy- some of these things. Sending soldiers enough to find a job. Some argue that ment insurance benefits. into the winds of war and deciding we life on unemployment is so nice they Never in the history of the Nation’s are going to put whatever it costs on don’t even try to find other work. I unemployment insurance program have top of the deficit is hardly a coura- wish a few of those Republican Sen- more workers been unemployed for geous act. ators would go home to their States such a long period. Half of all jobless This country deserves better from all and meet with the unemployed people workers can’t find a job within 6 of us, from me, from the President, whose benefits they are denying with months after they started receiving un- from both sides in this Congress. All of this procedural obstacle. They could sit employment benefits. That is the high- us have to work together to put this down and learn, as I did, that some of est percentage of prolonged unemploy- back on track. I am convinced we will. these folks have been working for more ment in the history of the unemploy- I am convinced we will, in part, with than a year to find a job. Republicans ment program. When we come to the the leadership of this President and, in might acknowledge there are six people floor and ask Republicans to join us in part, because there are a lot of people looking for every job out there. They a bipartisan way to extend the safety of good will in this Congress who un- might acknowledge that many of these net to unemployed people and they say derstand that this is a serious problem people have lost their health care and no, they have to understand they are and we need to fix it. health protection insurance during the causing hardship and suffering for I yield the floor. period of their unemployment. They some of the people who are the least The PRESIDING OFFICER (Mr. might hear some stories of families fortunate around us today. TESTER). The majority whip. struggling to get by who have very lit- The Democratic bill Republicans con- f tle money and are exhausting what lit- tinue to block, even today, for unem- tle savings they have left. ployment insurance benefit extension UNEMPLOYMENT BENEFITS That is the reality of unemployment. would extend insurance for an addi- EXTENSION Yet when we turn to the Republicans tional 14 weeks for jobless workers in Mr. DURBIN. Mr. President, another and say: Can we do the ordinary thing all 50 States, red States, blue States, day has passed in the Senate and an- we do around here on a bipartisan basis purple States, Democratic States, Re- other opportunity has been wasted to and extend unemployment benefits in publican States, North, South, East extend unemployment insurance bene- what is the worst recession we have and West, without any preference. If fits across America. Let’s make the faced since America’s Great Depres- there are unemployed people, they record clear. The Democrats have sion, they say no. No, we don’t want to would get the benefit. There is an addi- asked the Republicans to move to this get to that now. Maybe later. We have tional 6 weeks of insurance for jobless item of business and to pass the exten- some other ideas. workers in States with unemployment sion of unemployment insurance bene- For the people who are suffering above 8.5 percent, which, unfortu- fits to the hundreds of thousands of under unemployment, that is not good nately, today includes my State. Americans out of work. They have re- enough. Republicans are ignoring the It is time to act. Are we going to fin- fused time and time again. They have obvious. There are people all across ish this week with the Republicans had a long series of reasons, none of America who are struggling to find stopping us from extending unemploy- them valid from my point of view. work without success. ment benefits? And if we do, how would Many of them think they want to For example, 400,000 American fami- we explain this to this man who wrote argue a lot of other issues. They want lies have run out of their unemploy- me and asked me about whether I know to argue the issue of immigration. ment insurance benefits already, in- that unemployment compensation is

VerDate Nov 24 2008 00:32 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.052 S20OCPT1 smartinez on DSKB9S0YB1PROD with SENATE October 20, 2009 CONGRESSIONAL RECORD — SENATE S10565 not welfare, it is a fund that workers $84,000—$84,000. Additional chemo whole life to it, and now, because they pay into while they are working. As he treatments are going to cost her $25,000 did not have health insurance, they said: a month. could lose everything—not just their We are working people. We are not invis- Remember, the Polls—these small business but their home as well—as ible, but by the attention we get that is how business owners—have no health insur- Dave struggles to give Claire the care I feel. ance. They have no idea how they are she needs to stay alive. f going to pay these bills. In the first 6 No family should have to go through months of this year, the Polls took out what they have been through. No fam- HEALTH CARE REFORM of their business a combined salary—in ily should be forced into bankruptcy Mr. DURBIN. Mr. President, that is 6 months—of $15,000. because of illness. Every other country the reality of the Republican approach That is how quickly families can be in the world—every other advanced to the issues we face. But it is not the on the verge of bankruptcy in America, country in the world—provides basic only issue. There are other issues that because of our broken health insurance health care for their citizens. These relate to health care where the Repub- system. One week you are getting by, countries spend less than we do on lican position is impossible for me to hoping the medicines you need are on health care and they ensure everybody. defend or even understand. Wal-Mart’s list of $4-a-month prescrip- And on many important measures of tions, and praying that you do not have Let me give you one specific example health—from infant mortality to life a serious illness or accident. Two of a family in Joliet, IL. I will use their expectancy at age 60—many of these weeks later, you can be diagnosed with names because they have given me per- countries, spending a lot less, get much an illness that will not only cost you mission. Their story is so compelling, I better results. your health but everything you have Several years ago, the World Health want the CONGRESSIONAL RECORD to re- ever accumulated in your life. Organization made the first major ef- flect it, and those who follow this de- Could Claire Poll’s cancer have been fort to rank the health systems of 191 bate to hear it. found sooner if they had not had to countries in the world. France and A few weeks ago, a small business drop their health insurance? We will Italy were the top two. The United owner from Joliet, IL, called my office never know the answer to that. But we States was not even in the top 10, not to say: know this: 45,000 Americans each even in the top 20. We rank 37th in the Please keep fighting for affordable health year—122 people every single day—die world. We are No. 1 in health care care and a public option. Don’t back down. prematurely because they are unin- spending, No. 37 in health care out- That was the message. sured. More Americans die every comes. That is what our current health The man’s name is Dave Poll. He and month because they do not have insur- care system gives us. his wife Claire own the Sir Speedy ance than we lost in the tragedy of 9/11. The health care and insurance com- Printing business in Joliet. The Polls We know health care costs are a panies spend millions of dollars to opened their business in 1980, in the major factor in two-thirds of all bank- scare people into thinking that uni- middle of a bitter recession—almost 30 ruptcies in America today. And of versal, affordable health coverage for years ago. For years, they bought those people filing for bankruptcy be- all Americans will mean less coverage health insurance for their employees cause of medical bills, three-fourths of and less choice for Americans who al- and themselves under a small group them had health insurance, but it was ready have health insurance. That is policy, but they had to drop that cov- not any good. It did not help them just a scare tactic. Look at all the erage 4 years ago after their premiums when they needed it or it was rescinded other countries in the world that spend nearly doubled over just 3 or 4 years. at the last minute when the health in- less than we do, cover everybody, and Then the recession hit, and they had surance company saw you were sick get better health results. to let their employees go. Now it is and dropped the coverage. It happens America—the wealthiest, most cre- just Dave and Claire running their lit- too often in this country today. ative society on Earth—can solve this tle printing business. Dave is 59 years We know we cannot afford not to problem. It is not just a matter of old. His wife Claire, who works there make this change. Health care spend- science and economics, it is a test of with him, is 57. They have two grown ing in America doubles every 10 years. our moral character, and it is a test of sons and a daughter in college. We are spending $2.7 trillion a year on whether our democracy still works. The week before Dave Poll called my health care now. In 10 years, if we stay The profits of America’s health in- office, his wife Claire had blacked out on this same path, America will be surance companies have increased 428 for a few seconds while waiting on a spending $5.4 trillion on health care, percent over the last 10 years. They do customer. She had been diagnosed with and the average premium for a family not need any more help from Congress. high blood pressure before, so they did health insurance policy will be in the I wonder why my colleagues on the Re- not want to take any chances and Dave range of $25,000 to $30,000 a year. publican side of the aisle have no alter- insisted she call her doctor. The doctor Health care spending will crowd out native to this current system that has said she had to go to the hospital. investments in education, green en- treated this poor family in Joliet, IL, After 2 hours in the emergency room, ergy, and many other national prior- so poorly. They do not have any pro- and less than 10 minutes with a doc- ities, and it will ruin more and more posal they bring before us which would families financially. According to a tor—less than 10 minutes—the Polls address the issue of the cost, security, new study by the Kaiser Family Foun- left the hospital with test results that and stability of health insurance that dation, if premiums continue to rise as did not show anything and about $2,000 every family and every business wants. quickly as they have over the last 5 in medical bills. Mr. President, 10 min- I have yet to hear the first Repub- years, the cost of the average family utes, $2,000. lican Senator come to the floor and health policy will increase from $13,375 call for health insurance reform saying Dave said: a year today to over $24,000 10 years that we have to end this practice of de- A lot of people have it a lot worse. Please from now. nying coverage for preexisting condi- keep fighting for all of us. How many families can afford to take tions or when families get sick or when Two weeks later, Dave Poll called my $24,000 out of their annual paycheck kids reach the age of 23. office again. Claire had felt bone-tired that they face now? How many families Don’t they hear the same things we at work one day, so she went back to could even consider paying $25,000 a hear? Don’t they receive the same the hospital. Tests showed this time month for chemotherapy? Almost none kinds of e-mails and telephone calls we that she had advanced cancer, and it of us. do? I am sure they do. But if they do, has already spread throughout her When Dave Poll called my office the why aren’t they joining us in this ef- body. second time, he said: fort? Only one Republican Senator, A few days after her diagnosis, Claire Now we may become some of those people OLYMPIA SNOWE of Maine, has had the spent 3 days in the hospital to have a who lose their home and business because of political courage to step forward and port implanted and to receive her first health care costs. join us in this effort—1 out of 40. dose of chemo. Just for those 3 days in Think about that. Dave and Claire: 29 You would think there would be the hospital—3 days now—her bill was years in their business, they gave their other Republican Senators open to this

VerDate Nov 24 2008 00:32 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.054 S20OCPT1 smartinez on DSKB9S0YB1PROD with SENATE S10566 CONGRESSIONAL RECORD — SENATE October 20, 2009 idea, understanding the current system care reform here in the Senate. It has sential component of our counterinsur- is indefensible. Some of them come to been a long time coming. This idea gency strategy, particularly because the floor and it sounds as if they are first came up under President Teddy our goal is to build support for the Af- reading right from the playbook of the Roosevelt a century ago. President ghan Government among the Afghan health insurance companies. Oh, they Harry Truman suggested universal people. This battle for the hearts and talk about all the problems if we had a health care 60 years ago. President minds is not between the Afghans and so-called public option—a public op- Lyndon Johnson tried his best to move Americans; it is between the Afghan tion. And it is just that: an option. it forward 40 years ago. Fifteen years Government and the Taliban, a Taliban Well, if you do the math—and this is ago, President Clinton and Mrs. Clin- which has been bolstered by the allega- rough math, but pretty close—we have ton tried to move us in this direction. tions of fraud from the August vote. about 300 million people in America. They never—none of them—reached the Counterinsurgency cannot succeed in Currently, about 40 million of these point we are going to reach now, where Afghanistan without a credible govern- people are under Medicaid, the health comprehensive health care reform will ment. It is my hope that a credible Af- insurance for the poorest people and be on the floor of the Senate, to be ac- ghan partner can emerge from a second disabled people in our country. An- tively and openly debated. round of elections. Whether the winner other 45 million are under Medicare, This is our chance. This is our his- is President Karzai or Dr. Abdullah, it the health insurance for people over toric opportunity. We cannot miss it. is critical that the next Afghan Gov- the age of 65. We have another large For the Poll family in Joliet, IL, we ernment take steps to root out corrup- group of those Americans who have wish them the best and hope Claire tion, improve security, and provide es- served our country covered by the vet- gets well and feels well very soon. We sential services to the Afghan people. erans’ health care system—one of the hope they do not lose their family’s Just as the United States supports a best in our Nation. Eight million peo- savings, their home, and their business transparent, fair election, we also sup- ple—and I am one of them—are part of in the course of looking for the same port a transparent and effective Afghan the Federal Employees Health Benefits basic treatment we would expect for Government that serves the interests Program. It is a program for Federal anybody in this country. of its people. It will be necessary to en- employees and Members of Congress This may be one of the few places on sure that the mistakes made in August and their staff. Then several million Earth—one of the few advanced coun- are not repeated in a second round. are under a plan of children’s health in- tries on Earth—where you can literally This is why the role of monitors should surance—a government-administered be driven into poverty because of your be strengthened to protect the integ- plan to provide that poor kids in fami- illness. That is what has happened to rity of the vote. lies who are struggling have health in- this family, who paid their dues and Afghan and international forces surance across America. kept their business open for 29 years. should also be present in sufficiently So more than one out of three Ameri- We could do better. I hope our Repub- strong numbers to provide security and cans today has some form of govern- lican friends will stop saying no and ensure that Afghan citizens can safely ment health insurance. The health in- join us in this opportune moment of cast their votes. It is my hope that this surance companies, the private compa- making history for this Nation. second round will provide an oppor- nies, tell us this will ruin the system, Mr. President, I yield the floor. tunity to rectify problems encountered if we had an option that was available The PRESIDING OFFICER. The Sen- in August and, most importantly, help such as Medicare for every family in ator from Delaware. to build faith in government among the America. f Afghan people. I think they are wrong. One of the As President Obama takes the time AFGHAN ELECTION RUNOFF most sensible things we could do would he needs to thoroughly consider all of be to extend Medicare’s reach. What if, Mr. KAUFMAN. Mr. President, I rise our options in Afghanistan, issues of in the next 5 years, we said we are to welcome today’s announcement of a governance will inform this process be- going to start saying people at the age runoff election in Afghanistan, to be cause our policy is more than just of 60 can start paying premiums to be held on November 7. This second round about combat troop levels; it must in- part of Medicare—in a separate pool, is absolutely critical, and I commend clude the promotion of effective gov- but Medicare benefits—that they pay the Electoral Complaints Commission ernance, training of Afghan security those premiums and they will have for successfully investigating reports forces, and economic development. coverage. Well, it would mean some of fraud surrounding the August 20 The Afghan people deserve a better people would have a fighting chance vote. The ECC fulfilled its mandate, and brighter future, and I hope this then, as they reach the age of 60, to and I applaud the Afghan people for runoff election will bring them one have basic health insurance coverage demonstrating patience and resilience step closer to their goal. before Medicare. I would extend it even throughout this very difficult process. I yield the floor and suggest the ab- lower. I would extend it to the age of I also want to recognize the efforts of sence of a quorum. 50, and the Poll family would have been the chairman of our Senate Foreign The PRESIDING OFFICER. The covered. They would have been able to Relations Committee, Senator JOHN clerk will call the roll. buy basic Medicare protection for Dave KERRY, and Ambassador Eikenberry in The bill clerk proceeded to call the and Claire that might have diagnosed Afghanistan to secure greater trans- roll. this situation at an earlier point or re- parency and encourage a second round. Mr. INHOFE. Mr. President, I ask duced the cost. But it certainly would When I was in Afghanistan in April, unanimous consent that the order for give them the peace of mind that they there was great promise that the elec- the quorum call be rescinded. have access to the best care in America tion would usher in a new era of hope The PRESIDING OFFICER. Without and will not lose their business and for the Afghan people. But when I re- objection, it is so ordered. their home in the process. turned to the region in September, it f I wait for the Republicans at some was clear this hope had been dashed by point in this debate to stop saying no allegations of election fraud. Each STREAMLINE ALTERNATIVE FUEL and start stepping forward with some story of corruption further undermines VEHICLE CONVERSIONS ACT idea, some proposal, something that the confidence of the Afghan people in Mr. INHOFE. Mr. President, last moves us on the path toward making their government, which has hemor- summer in my hometown of Tulsa, OK, this country an even healthier country, rhaged endlessly since the August vote. when gasoline prices were near $4 a gal- a country where the injustices of the Today’s news of a runoff gives hope to lon, a person driving a compressed nat- current health care system are not the Afghan people that their voices and ural gas-powered car was able to fuel part of our future and part of our coun- political aspirations will finally be up for just 90 cents a gallon. This was try, but part of the past. That is the heard. when gasoline was at $4 a gallon. That way it should be. On October 8, I gave a statement on was a savings of $3 a gallon. Con- In the next couple weeks, we are the eighth anniversary of the war. In sequently, I was the first in Congress going to start the debate on health it, I highlighted governance as an es- to introduce a comprehensive bill to

VerDate Nov 24 2008 00:32 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.055 S20OCPT1 smartinez on DSKB9S0YB1PROD with SENATE October 20, 2009 CONGRESSIONAL RECORD — SENATE S10567 promote the use of natural gas as a re- cover several different yet similar or natural-gas powered vehicles are alistic alternative for the many Ameri- makes and models under a single cer- right for their own individual and busi- cans who were looking for price relief, tification conformity. ness needs while simultaneously pre- which is about everybody. The bill I in- Here is the problem. We have an or- serving the country’s stringent emis- troduced was called the Drive America ganization in Tulsa that has a conver- sion standards. on Natural Gas Act. sion system where they can actually The promise of natural gas and pro- A year later, I am encouraged to see change the fuel and refuel and they can pane as mainstream transportation that several Members on Capitol Hill change conversions into automobiles. fuels is achievable today—not 20 years have introduced similar bills pro- The problem is, the way the law is from now or 25 years from now but moting the use of natural gas and pro- today you have to get paid for this con- today. It is something no one should be pane as transportation fuel. Last sum- version each time. It might be the against. Stop and think about it. I mer, I joined with Senator PRYOR to same engine that has already been con- know the price of gas is down to $3. In once again introduce a comprehensive verted before, but if it is in a different my State of Oklahoma, it is down to bill to promote these fuels for Amer- model, you have to convert it again. around $2 a gallon. But today’s price ica’s drivers. Additionally, majority This is something we are going to be for natural gas, a comparable gallon leader HARRY REID recently announced changing. would be 90 cents, and that is one that his firm support for natural gas vehi- The third thing we change is to in- would be stabilized. When we stop and cles and hopes to bring a standalone struct the EPA to allow the submis- think about the reserves that are out bill to the floor in the near future. I sions of previously tested data if a ve- there in natural gas, what we can do welcome the majority leader’s support hicle or the conversion system has not and what is available for us today, it and encourage him to make this a pri- changed in a way which would affect can only get better. ority for floor consideration. compliance—very similar to the last Hopefully, this bill will pass. I am One of the major components of my problem, but nonetheless it is in the very proud of the bipartisan support, Drive America on Natural Gas Act ad- current law. the bicameral support. I encourage our dressed a desperate need to overhaul The fourth thing we would do is di- colleagues to get involved in this very the EPA emissions certification proc- rect the EPA to promulgate regula- logical response to the high price of ess which effectively prohibits the abil- tions to help conversion system manu- motor fuel. ity of nearly all car owners the option facturers comply with potentially dif- I yield the floor and suggest the ab- to legally convert cars to bifuel oper- ferent onboard diagnostics—which is sence of a quorum. ation. Bifuel is a car that can run on called OBD—requirements and compat- The PRESIDING OFFICER. The natural gas and via the flip of a switch ibility. Since 1996, these onboard clerk will call the roll. go to gasoline. Now, why? With certifi- diagnostics systems have been required The legislative clerk proceeded to cation and emissions testing expenses in all light-duty cars and trucks to call the roll. ranging between $50,000 and $150,000 per monitor engine and emission compo- Mr. REID. Mr. President, I ask unan- conversion system type, the costs are nents. imous consent that the order for the prohibitive for the aftermarket conver- Finally, we clarify the treatment of quorum call be rescinded. sion system manufacturers to produce vehicles which are beyond their useful The ACTING PRESIDENT pro tem- these systems for more than just a life as defined by the EPA. These older pore. Without objection, it is so or- handful of different vehicle models vehicles, typically those that are at dered. each year. These heavy costs are ulti- least 10 years old and have at least Mr. REID. Mr. President, are we now mately borne by the consumer. Due to 125,000 miles, are by default regulated in a period of morning business? the rigidity and the cost constraints of under the Clean Air Act’s tampering The ACTING PRESIDENT pro tem- these regulations, the EPA has issued provision, causing regulatory uncer- pore. Yes, we are. less than 300 certificates over the past tainty. Our legislation would allow the f conversion of these vehicles as long as 8 years—that is 300 certificates over NATIONAL DEFENSE AUTHORIZA- the conversion system manufacturer the past 8 years. TION ACT FOR FISCAL YEAR This is a solution to the high price for the converter is able to dem- 2010—CONFERENCE REPORT and the fluctuating price of automobile onstrate that the emissions would not gas. Now, oftentimes the vehicle mod- degrade due to conversion. Mr. REID. Mr. President, I ask unan- els eligible for conversion are only sold Over the past several months, this imous consent that the Senate proceed for a short period of time since the cer- legislation has been through numerous to the consideration of the conference tification lasts less than a year before drafting reiterations with the assist- report to accompany H.R. 2647, the De- a conversion system manufacturer ance of the Natural Gas Vehicles of partment of Defense Authorization must decide it will rectify that par- America, the National Propane Gas As- Act. ticular system. sociation, and the Environmental Pro- The ACTING PRESIDENT pro tem- Today, I am pleased to join Senator tection Agency. As I said before, they pore. Without objection, it is so or- WICKER, Congressman DAN BOREN from have been very helpful to us. I espe- dered. my State of Oklahoma, and Congress- cially thank the EPA for their input The report will be stated. man HEATH SHULER to introduce bipar- and assistance in helping us craft a bill The legislative clerk read as follows: tisan, bicameral legislation to simplify which will aid the agency in their ef- The committee of conference on the dis- and streamline the EPA emission cer- forts to streamline their compliance. agreeing votes of the two Houses on the tification process for aftermarket con- They actually want to streamline. This amendment of the Senate to the bill (H.R. 2647), to authorize appropriations for fiscal version systems. is not normally the case. year 2010 for military activities of the De- The Streamline Alternative Fuel Ve- I am also encouraged by EPA’s inter- partment of Defense, to prescribe military hicle Conversions Act makes critical nal efforts to reform the process, and I personnel strengths for fiscal year 2010, and changes in five key ways so that vehi- am pleased that our bill will com- for other purposes, having met, have agreed cle conversions can become a common- plement and enhance their actions. that the House recede from its disagreement place option for all Americans: By simplifying this compliance proc- to the amendment of the Senate and agree to First, our bill eliminates the need for ess, the Streamline Alternative Fuel the same with an amendment and the Senate subsequent yearly recertification sys- Vehicle Conversion Act will not only agree to the same, signed by a majority of tems that have already been certified. I incentivize conversion system manu- the conferees on the part of both Houses. might add that the EPA is a friend in facturers to offer more systems for ad- (The conference report is printed in this effort. They want these changes to ditional vehicle makes and models but the House proceedings of the RECORD of take place as much as we do, but they will eventually reduce the cost of these October 7, 2009.) are not able to do this right now. Under conversion systems for interested car CLOTURE MOTION the current law, you have to get recer- owners, perhaps by hundreds or even Mr. REID. I send a cloture motion to tified, so we eliminate that problem. thousands of dollars. the desk. Secondly, the legislation directs the Ultimately, the legislation will allow The ACTING PRESIDENT pro tem- EPA to establish criteria that would Americans to choose whether propane- pore. The cloture motion having been

VerDate Nov 24 2008 01:12 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.056 S20OCPT1 smartinez on DSKB9S0YB1PROD with SENATE S10568 CONGRESSIONAL RECORD — SENATE October 20, 2009 presented under rule XXII, the Chair Patrick J. Leahy, Thomas R. Carper, South. Thanks to the bipartisan efforts directs the clerk to read the motion. Byron L. Dorgan, Tom Udall, Benjamin of the HELP Committee this reauthor- The legislative clerk read as follows: L. Cardin, Roland W. Burris, Al ization will ensure that funding is dis- Franken, Tom Harkin, Jon Tester, tributed in an equitable manner, reach- CLOTURE MOTION Charles E. Schumer, Mark Begich, We, the undersigned Senators, in accord- Frank R. Lautenberg, Daniel K. Akaka, ing individuals with the greatest need. ance with the provisions of rule XXII of the Sherrod Brown, Bernard Sanders, Rich- The Ryan White program provides Standing Rules of the Senate, hereby move ard J. Durbin, Jack Reed. care for millions of Americans in need to bring to a close debate on the Conference Mr. REID. I ask unanimous consent of medical care. Unfortunately we have Report to accompany H.R. 2647, the Depart- also seen abuses, where these funds are ment of Defense Authorization Act for Fiscal that the mandatory quorum be waived and the Senate now resume legislative misspent and patients do not receive Year 2010. the care they need. As the ranking Harry Reid, Ben Nelson, Benjamin L. session. Cardin, Byron L. Dorgan, Robert The ACTING PRESIDENT pro tem- member of the HELP Committee, I will Menendez, Richard J. Durbin, Charles pore. Without objection, it is so or- continue to work to prevent these E. Schumer, Tom Harkin, Evan Bayh, dered. abuses and guarantee that funding is Patrick J. Leahy, Jack Reed, Robert P. distributed to legitimate organizations Casey, Jr., Roland W. Burris, Edward f that provide real services. It is a trav- E. Kaufman, Paul G. Kirk, Jr., Barbara LEGISLATIVE SESSION esty that so many millions of dollars Boxer, Sheldon Whitehouse, Carl The ACTING PRESIDENT pro tem- have been wasted due to poor oversight Levin. and corruption. Mr. REID. I ask unanimous consent pore. The Senate will resume legisla- tive session. As Congress continues to authorize that the mandatory quorum be waived. and provide funding for services under The ACTING PRESIDENT pro tem- f the Ryan White program, we must also pore. Without objection, it is so or- (At the request of Mr. REID, the fol- commit to conduct proper oversight, so dered. lowing statement was ordered to be that these dollars actually reach the Mr. LEVIN. Mr. President, with re- printed in the RECORD.) patients who need assistance, rather spect to the conference report accom- VOTE EXPLANATION than being pocketed by criminals. panying H.R. 2647, the National Defense I close by again expressing my great ∑ Mr. KERRY. Mr. President, I was Authorization Act for Fiscal Year 2010, appreciation to my colleagues for their necessarily absent for the vote on the I certify that the information required hours of hard work and dedication to conference report to accompany Home- by rule XLIV of the Standing Rules of extend the Ryan White HIV/AIDS pro- land Security Appropriations Act, 2010, the Senate related to congressionally gram. I also thank the HIV/AIDS com- H.R. 2892. If I were able to attend to- directed spending items has been iden- munity for their tireless efforts to pro- day’s session, I would have voted yes tified in the joint statement of man- vide care to individuals with HIV/ on the conference report.∑ agers accompanying the conference re- AIDS. Many Americans with HIV/AIDS port and that the required information f will continue to receive access to vital has been available on a publicly acces- THE RYAN WHITE HIV/AIDS care because of the compassion and sible congressional Web site for more TREATMENT EXTENSION ACT OF dedication of HIV/AIDS organizations than 48 hours. 2009 receiving Ryan White dollars. Finally, f I also thank my staff members Greg Mr. ENZI. Mr. President, I rise today Dean, Chuck Clapton and Hayden EXECUTIVE SESSION to express my great appreciation to Rhudy, as well as the staff members of Senators HARKIN, DODD, and COBURN Senator HARKIN’s office, Connie Gard- for working in a bipartisan manner to ner and Jenelle Krishnamoorthy, for NOMINATION OF WILLIAM K. SES- reauthorize the Ryan White HIV/AIDS their hard work on this important bill. SIONS III TO BE CHAIR OF THE program. I am also thankful to all of UNITED STATES SENTENCING the members on the HELP Committee f COMMISSION for their efforts to ensure that we ADDITIONAL STATEMENTS Mr. REID. I now ask unanimous con- passed this bill in a timely manner so sent that the Senate proceed to execu- that individuals receiving care under the Ryan White program would not see REMEMBERING CAROL tive session to consider Calendar No. TOMLINSON-KEASEY 132, the nomination of William Ses- an interruption in their services. ∑ sions, to be chairman of the United This bill continues policies that seek Mrs. BOXER. Mr. President, I ask my States Sentencing Commission. to accomplish the goal of ensuring that colleagues to join me in honoring the The ACTING PRESIDENT pro tem- Ryan White funding follows the pa- memory of Dr. Carol Tomlinson- pore. Without objection, it is so or- tient. The bill, which will pass by Keasey, a committed educator and ad- dered. The clerk will report. unanimous consent, updates funding ministrator and the founding chan- The assistant legislative clerk read formulas and requires more accurate cellor of University of California, as follows: and reliable data reporting from the Merced. Dr. Tomlinson-Keasey passed States, which will ensure that funds away on October 10th from complica- Nomination of William K. Sessions III, of Vermont, to be Chair of the United States are allocated to the areas with the tions related to breast cancer. She was Sentencing Commission. greatest need. It encourages aggressive 66 years old. CLOTURE MOTION testing strategies and establishes a na- Dr. Carol Tomlinson-Keasey was born Mr. REID. I now send a cloture mo- tional HIV/AIDS testing goal of 5 mil- in Washington, DC, on October 15, 1942. tion to the desk. lion tests per year. The bill also pro- The daughter of an Army officer, she The ACTING PRESIDENT pro tem- vides more flexibility to allow grantees moved around frequently before grad- pore. The cloture motion having been to spend funds effectively. uating from a high school in France. presented under rule XXII, the Chair Over the years we have seen a dra- Dr. Tomlinson-Keasey received a bach- directs the clerk to read the motion. matic change in the geographic loca- elor’s degree in political science from The assistant legislative clerk read tion of the HIV/AIDS epidemic from Penn State University, a master’s in as follows: northern, metropolitan areas, to south- psychology from Iowa State Univer- ern—and in many instances—rural sity, and a Ph.D. in developmental psy- CLOTURE MOTION areas. Today, more persons living with chology from University of California, We, the undersigned Senators, in accord- AIDS reside in the South than in any Berkeley. ance with the provisions of Rule XXII of the other area of the country. Of the 26,347 In 1977, Dr. Tomlinson-Keasey be- Standing Rules of the Senate, hereby move to bring to a close debate on the nomination new HIV cases, 51.2 percent were diag- came an associate professor of psy- of William K. Sessions, III, of Vermont, to be nosed in the 17 Southern States and of chology at the University of California, Chair of the United States Sentencing Com- the top 20 metropolitan areas with the Riverside. During her 15-year tenure at mission. highest AIDS case rates, 14 were in the UC Riverside, she earned faculty and

VerDate Nov 24 2008 01:12 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.058 S20OCPT1 smartinez on DSKB9S0YB1PROD with SENATE October 20, 2009 CONGRESSIONAL RECORD — SENATE S10569 administrative appointments. In 1992, SCORE was created on October 5, know that at least a few of my class- Dr. Tomlinson was named vice provost 1964, as a mission of the Small Business mates read what I had written, pro- and professor at University of Cali- Administration, SBA. Since that time, vided an unparalleled privilege. On one fornia, Davis. She was appointed dean the organization has evolved into a occasion, an unflattering column which of UC Davis College of Letters and stand-alone nonprofit group, steadily I authored about the unhealthy habits Science in 1994 and vice provost for increased its volunteer base, and em- of the basketball team was read by the academic planning and personnel in braced the Internet as a tool for out- Indianapolis School Board—whose 1995 before lending her considerable reach. SCORE is approaching a signifi- members only received copies of the talents to the University of California cant milestone this year—45 years of Thursday edition of the school paper. Office of the President in 1997. service to small business owners. It is This incident caused a temporary shut- Beginning in 1998, Dr. Tomlinson- worth noting that SCORE recently doc- down of the Echo’s headquarters and a Keasey assumed a leadership role in umented another achievement by pro- sudden trip for me to the principal’s of- the planning and building of University viding services to its 8 millionth client. fice to hear the consequences that un- of California, Merced, the first new Today SCORE offices can be found in bridled journalism could have on the University of California campus in 40 48 States and the District of Columbia. school, Jean, and me. years. A gifted administrator, Dr. Tom- In 2008, 11,200 SCORE volunteers pro- During this traumatic experience, linson-Keasey fully immersed herself vided approximately 1.3 million hours Jean was my heroine, and the freedom in every aspect of the enormous task of of service saving business owners an es- of the press prevailed. starting a major public university. timated $167 million. In Texas, 378 Furthermore, Jean has always been Whether it was selecting the eventual SCORE volunteers provided over 63,000 an active member of the Shortridge site of the campus, the recruitment of hours of complimentary counseling. High School alumni community. As administrators and faculty members or SCORE’s remarkable success continues publications adviser, she organized the even choosing the school mascot, Dr. to be recognized by the Federal Gov- 50th anniversary celebration of the Tomlinson-Keasey worked tirelessly to ernment, and today the SBA maintains Echo. She also has worked to gather see that the dream of a University of a partnership with SCORE to help en- names and contact information for the California campus in the San Joaquin trepreneurs turn their visions into re- Shortridge High School Alumni Asso- Valley became a reality. In 1999, Dr. ality. ciation so that each of us can stay Tomlinson-Keasey became the first fe- I commend SCORE volunteers in closely in touch with our friends and male founding chancellor of a Univer- Texas for sharing their time and exper- classmates. Following her retirement, sity of California campus. tise with the next generation of busi- Jean worked with the Indiana Histor- UC Merced has been a model of ness owners. In so doing, SCORE volun- ical Society to compile a complete his- growth and progress since its inception teers are helping a new generation tory of our alma mater. in 2005. Today, the burgeoning campus In 2005, Jean deservedly received the build their own American dream.∑ is a living testament to Dr. Tomlinson- Lifetime Achievement Award from the Keasey’s hard work, vision, and dedica- f Indiana High School Press Association tion. Dr. Tomlinson-Keasey has left be- REMEMBERING JEANNETTE for her tireless commitment to jour- hind a legacy that has resulted in GRUBB nalistic excellence among young peo- greater opportunities for future gen- ∑ Mr. LUGAR. Mr. President, I was ple, and her unwavering support of the erations of California students, espe- deeply saddened to learn that my dear alumni and history of Shortridge High cially those students who are the first friend and mentor for the past 63 years, School. On this occasion, I included re- in their families to attend college and Jeannette Grubb, passed away on Fri- marks about Jean in the CONGRES- come from underrepresented ethnic or day, October 9, 2009, at the age of 106 SIONAL RECORD to honor her achieve- racial minority groups in the Central ment. years old. Throughout my pubic service, I have Valley. Her family and friends should I last saw Jean on September 12, 2009, enjoyed frequent communications with take great pride and comfort in know- at the rededication ceremony at Jean. She was always optimistic and ing Dr. Tomlinson-Keasey’s accom- Shortridge High School, and I, as well plishments will continue to positively supportive. as many others, enjoyed a wonderful impact many people in the future. She was loved and appreciated. Her visit with her. As always, Jean, herself Dr. Tomlinson-Keasey is survived by friendship and compassion will be her husband Blake Keasey; children, a 1920 Shortridge High School grad- greatly missed by her many students Amber and Kai; three brothers, Alen, uate, was ever enthusiastic about and friends whose lives she influenced Gene and John Tomlinson; and four Shortridge and recalled memories of through her exemplary dedication to grandchildren.∑ her time as a Shortridge student, teaching.∑ teacher and advisor. She was a special f f person, a woman of faith, whose con- RECOGNIZING THE SERVICE CORPS cern for others was apparent. TRIBUTE TO RAJIV KUMAR OF RETIRED EXECUTIVES Jean was well-educated and prepared ∑ Mr. WHITEHOUSE. Mr. President, ∑ Mr. CORNYN. Mr. President, today I for the important responsibilities of today I congratulate Rajiv Kumar, a recognize a dedicated group of volun- teaching. As a graduate of Indiana Uni- medical student at the Warren Alpert teers for their service to small business versity, she earned her bachelor of Medical School of Brown University, owners in Texas. The Service Corps of arts, and later her master’s in jour- for receiving the Community Health Retired Executives, also known simply nalism from the Medill School of Jour- Leaders Award from the Robert Wood as SCORE, is a nonprofit organization nalism at Northwestern University. I Johnson Foundation. Mr. Kumar re- that connects new entrepreneurs with am grateful that in 1944, Jean was ceived this prestigious award for his ef- seasoned business executives for expert asked to give up teaching mathematics forts to reduce obesity among Rhode advice and consultation. to become the director of publications Island residents. In 2005, he established Creating a new business enterprise for Shortridge, a post she held until Shape Up RI—a statewide exercise and can be challenging, and perhaps the her retirement in 1970. Jean inspired us weight loss challenge. Since then, over most advantageous way for new entre- to be better students, and focused on 35,000 Rhode Islanders have partici- preneurs to seek advice is asking suc- creative and excellent writing skills. pated in the program including my cessful executives who have firsthand Jean is one of the most memorable staff and me, and I can personally at- experience. SCORE provides a forum teachers in my life. When I was a test to its fun and effectiveness. I had for entrepreneurs to engage experi- Thursday columnist for the Shortridge the pleasure of meeting with Mr. enced leaders in both one-on-one set- High School Daily Echo, she served as Kumar earlier this month to discuss tings and group environments. SCORE the faculty adviser of the publication the great work he has done to encour- offers complementary counseling serv- that she also served on as a Shortridge age personal responsibility in an en- ices covering important topics such as student. gaging and innovative new format, and business management, financing, mar- As a high school student, the oppor- I look forward to the continued growth keting, and taxes, among many others. tunity to publish a column, and to and success of Shape Up RI.∑

VerDate Nov 24 2008 02:13 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.019 S20OCPT1 smartinez on DSKB9S0YB1PROD with SENATE S10570 CONGRESSIONAL RECORD — SENATE October 20, 2009 MESSAGES FROM THE PRESIDENT Ms. Niland, one of its reading clerks, By Mr. LEVIN: S. 1811. A bill to suspend temporarily the Messages from the President of the announced that the Speaker has signed the following enrolled bill: duty on certain chime rod assemblies; to the United States were communicated to Committee on Finance. the Senate by Mr. Williams, one of his H.R. 3183. An act making appropriations By Mr. LEVIN: secretaries. for energy and water development and re- S. 1812. A bill to suspend temporarily the lated agencies for the fiscal year ending Sep- duty on DMDPA; to the Committee on Fi- f tember 30, 2010, and for other purposes. nance. EXECUTIVE MESSAGES REFERRED The enrolled bill was subsequently By Mr. LEVIN: As in executive session the Presiding signed by the President pro tempore S. 1813. A bill to extend the temporary sus- pension of duty on DPA; to the Committee (Mr. BYRD). Officer laid before the Senate messages on Finance. from the President of the United f By Mr. LEVIN: States submitting sundry nominations INTRODUCTION OF BILLS AND S. 1814. A bill to suspend temporarily the duty on urea, polymer with formaldehyde which were referred to the Committee JOINT RESOLUTIONS on Armed Services. and 2-methylpropanal; to the Committee on (The nominations received today are The following bills and joint resolu- Finance. printed at the end of the Senate pro- tions were introduced, read the first By Mr. LEVIN: and second times by unanimous con- S. 1815. A bill to suspend temporarily the ceedings.) duty on certain clock movements; to the f sent, and referred as indicated: Committee on Finance. By Mr. BROWN: By Mr. CARDIN (for himself, Ms. MI- REPORT ON THE CONTINUATION S. 1800. A bill to amend the Energy Em- KULSKI, Mr. CARPER, and Mr. KAUF- OF THE NATIONAL EMERGENCY ployees Occupational Illness Compensation MAN): DECLARED IN EXECUTIVE Program Act of 2000 to provide compensation S. 1816. A bill to amend the Federal Water ORDER 13413 WITH RESPECT TO for certain persons injured in the course of Pollution Control Act to improve and reau- BLOCKING THE PROPERTY OF employment at the Feed Materials Produc- thorize the Chesapeake Bay Program; to the PERSONS CONTRIBUTING TO THE tion Center (commonly referred to as Committee on Environment and Public CONFLICT TAKING PLACE IN THE ‘‘Fernald’’) or the Piqua Organic Moderated Works. Reactor in Ohio; to the Committee on By Mr. BROWN: DEMOCRATIC REPUBLIC OF THE Health, Education, Labor, and Pensions. S. 1817. A bill to temporarily raise the lim- CONGO—PM 35 By Mr. CARPER (for himself and Mr. its on certain loans under the Small Busi- The PRESIDING OFFICER laid be- KAUFMAN): ness Act and the Small Business Investment fore the Senate the following message S. 1801. A bill to establish the First State Act of 1958, and for other purposes; to the Committee on Small Business and Entrepre- from the President of the United National Historical Park in the State of Delaware, and for other purposes; to the neurship. States, together with accompanying Committee on Energy and Natural Re- By Mr. BINGAMAN (for himself and reports and papers; which was referred sources. Mr. MCCAIN): to the Committee on Banking, Hous- By Mr. BURRIS: S. 1818. A bill to amend the Morris K. Udall ing, and Urban Affairs: S. 1802. A bill to require a study of the fea- Scholarship and Excellence in National En- sibility of establishing the United States vironmental and Native American Public To the Congress of the United States: Civil Rights Trail System, and for other pur- Policy Act of 1992 to honor the legacy of Section 202(d) of the National Emer- poses; to the Committee on Energy and Nat- Stewart L. Udall, and for other purposes; gencies Act (50 U.S.C. 1622(d)) provides ural Resources. considered and passed. for the automatic termination of a na- By Mr. MERKLEY (for himself and Mr. f tional emergency unless, prior to the CORKER): ADDITIONAL COSPONSORS anniversary date of its declaration, the S. 1803. A bill to amend title 31, United President publishes in the Federal Reg- States Code, to authorize reviews by the S. 250 Comptroller General of the United States of ister and transmits to the Congress a At the request of Mr. SCHUMER, the emergency credit facilities established by name of the Senator from Minnesota notice stating that the emergency is to the Board of Governors of the Federal Re- (Mr. FRANKEN) was added as a cospon- continue in effect beyond the anniver- serve System or any Federal Reserve bank, sary date. In accordance with this pro- and for other purposes; to the Committee on sor of S. 250, a bill to amend the Inter- vision, I have sent to the Federal Reg- Banking, Housing, and Urban Affairs. nal Revenue Code of 1986 to provide a ister for publication the enclosed notice By Mr. KYL: higher education opportunity credit in stating that the national emergency S. 1804. A bill to extend the temporary sus- place of existing education tax incen- with respect to the situation in or in pension of duty on pyridaben technical; to tives. the Committee on Finance. S. 252 relation to the Democratic Republic of By Mr. KYL: the Congo, and the related measures S. 1805. A bill to suspend temporarily the At the request of Mr. AKAKA, the blocking the property of certain per- duty on fenarimol technical; to the Com- name of the Senator from Texas (Mrs. sons contributing to the conflict in mittee on Finance. HUTCHISON) was added as a cosponsor of that country, are to continue in effect By Mr. KYL: S. 252, a bill to amend title 38, United beyond October 27, 2009. S. 1806. A bill to suspend temporarily the States Code, to enhance the capacity of The situation in or in relation to the duty on Phosmet Technical; to the Com- the Department of Veterans Affairs to mittee on Finance. Democratic Republic of the Congo, recruit and retain nurses and other By Mr. KYL: critical health-care professionals, to which has been marked by widespread S. 1807. A bill to extend the temporary sus- violence and atrocities that continue pension of duty on hexythiazox technical; to improve the provision of health care to threaten regional stability, con- the Committee on Finance. for veterans, and for other purposes. tinues to pose an unusual and extraor- By Mr. FEINGOLD: S. 663 dinary threat to the foreign policy of S. 1808. A bill to control Federal spending At the request of Mr. NELSON of Ne- the United States. For this reason, I now; to the Committee on Finance. braska, the name of the Senator from By Mr. WICKER (for himself and Mr. have determined that it is necessary to Vermont (Mr. SANDERS) was added as a INHOFE): cosponsor of S. 663, a bill to amend continue the national emergency to S. 1809. A bill to amend the Clean Air Act deal with that threat and the related to promote the certification of aftermarket title 38, United States Code, to direct measures blocking the property of cer- conversion systems and thereby encourage the Secretary of Veterans Affairs to es- tain persons contributing to the con- the increased use of alternative fueled vehi- tablish the Merchant Mariner Equity flict in that country. cles; to the Committee on Environment and Compensation Fund to provide benefits BARACK OBAMA. Public Works. to certain individuals who served in THE WHITE HOUSE, October 20, 2009. By Mr. HARKIN (for himself, Mr. the United States merchant marine BROWNBACK, and Mr. UDALL of Colo- f (including the Army Transport Service rado): and the Naval Transport Service) dur- MESSAGE FROM THE HOUSE S. 1810. A bill to direct the Secretary of Health and Human Services to publish phys- ing World War II. ENROLLED BILL SIGNED ical activity guidelines for the general pub- S. 700 At 3:13 p.m., a message from the lic, and for other purposes; to the Committee At the request of Mr. BINGAMAN, the House of Representatives, delivered by on Health, Education, Labor, and Pensions. name of the Senator from Maryland

VerDate Nov 24 2008 01:12 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A20OC6.009 S20OCPT1 smartinez on DSKB9S0YB1PROD with SENATE October 20, 2009 CONGRESSIONAL RECORD — SENATE S10571 (Ms. MIKULSKI) was added as a cospon- (Mr. FEINGOLD) was added as a cospon- AMENDMENT NO. 2669 sor of S. 700, a bill to amend title II of sor of S. 1155, a bill to amend title 38, At the request of Mr. GRAHAM, the the Social Security Act to phase out United States Code, to establish the name of the Senator from Virginia (Mr. the 24-month waiting period for dis- position of Director of Physician As- WEBB) was added as a cosponsor of abled individuals to become eligible for sistant Services within the office of the amendment No. 2669 proposed to H.R. Medicare benefits, to eliminate the Under Secretary of Veterans Affairs for 2847, a bill making appropriations for waiting period for individuals with life- health. the Departments of Commerce and Jus- threatening conditions, and for other S. 1158 tice, and Science, and Related Agencies purposes. At the request of Ms. STABENOW, the for the fiscal year ending September 30, S. 729 name of the Senator from New Jersey 2010, and for other purposes. At the request of Mr. DURBIN, the (Mr. LAUTENBERG) was added as a co- AMENDMENT NO. 2693 name of the Senator from Michigan sponsor of S. 1158, a bill to authorize At the request of Mrs. LINCOLN, the (Mr. LEVIN) was added as a cosponsor of the Secretary of Health and Human name of the Senator from New Hamp- S. 729, a bill to amend the Illegal Immi- Services to conduct activities to rap- shire (Mrs. SHAHEEN) was added as a co- gration Reform and Immigrant Respon- idly advance treatments for spinal sponsor of amendment No. 2693 in- sibility Act of 1996 to permit States to muscular atrophy, neuromuscular dis- tended to be proposed to S. 1776, a bill determine State residency for higher ease, and other pediatric diseases, and to amend title XVIII of the Social Se- education purposes and to authorize for other purposes. curity Act to provide for the update under the Medicare physician fee the cancellation of removal and adjust- S. 1340 schedule for years beginning with 2010 ment of status of certain alien students At the request of Mr. LEAHY, the and to sunset the application of the who are long-term United States resi- names of the Senator from Minnesota sustainable growth rate formula, and dents and who entered the United (Mr. FRANKEN) and the Senator from for other purposes. States as children, and for other pur- Oklahoma (Mr. COBURN) were added as poses. cosponsors of S. 1340, a bill to establish f S. 908 a minimum funding level for programs STATEMENTS ON INTRODUCED At the request of Mr. BAYH, the name under the Victims of Crime Act of 1984 BILLS AND JOINT RESOLUTIONS of the Senator from Florida (Mr. for fiscal years 2010 to 2014 that ensures By Mr. CARPER (for himself and LEMIEUX) was added as a cosponsor of a reasonable growth in victim pro- Mr. KAUFMAN): S. 908, a bill to amend the Iran Sanc- grams without jeopardizing the long- S. 1801. A bill to establish the First tions Act of 1996 to enhance United term sustainability of the Crime Vic- State National Historical Park in the States diplomatic efforts with respect tims Fund. State of Delaware, and for other pur- to Iran by expanding economic sanc- S. 1343 poses; to the Committee on Energy and tions against Iran. At the request of Mr. BROWN, the Natural Resources. S. 1055 name of the Senator from Minnesota Mr. CARPER. Mr. President, I am de- At the request of Mrs. BOXER, the (Mr. FRANKEN) was added as a cospon- lighted to be joined this afternoon by name of the Senator from Oklahoma sor of S. 1343, a bill to amend the Rich- my colleague, Senator KAUFMAN, from (Mr. COBURN) was added as a cosponsor ard B. Russell National School Lunch Delaware. Today, he and I are going to of S. 1055, a bill to grant the congres- Act to improve and expand direct cer- do something I don’t think has ever sional gold medal, collectively, to the tification procedures for the national been done in the Senate in the 200 100th Infantry Battalion and the 442nd school lunch and school breakfast pro- years since this institution has been Regimental Combat Team, United grams, and for other purposes. together. We will be introducing legis- States Army, in recognition of their S. 1360 lation which will establish the First dedicated service during World War II. At the request of Mr. BINGAMAN, the State National Historic Park within S. 1065 name of the Senator from New Jersey the State of Delaware. At the request of Mr. BROWNBACK, the (Mr. MENENDEZ) was added as a cospon- There are, as we all know, 50 States, name of the Senator from Louisiana sor of S. 1360, a bill to amend the Inter- and 49 States have national parks. In (Ms. LANDRIEU) was added as a cospon- nal Revenue Code of 1986 to exclude all, there are 58 national parks. There sor of S. 1065, a bill to authorize State from gross income amounts received on are something like more than 300 units and local governments to direct dives- account of claims based on certain un- of national parks. The first State to titure from, and prevent investment in, lawful discrimination and to allow in- ratify the Constitution—that would be companies with investments of $20,000, come averaging for backpay and Delaware—was the entire United 000 or more in Iran’s energy sector, and frontpay awards received on account of States of America for 1 week beginning for other purposes. such claims, and for other purposes. December 7, 1787, and it still has no na- S. 1076 S. 1624 tional park—not that we don’t have historical and cultural heritage that is At the request of Mr. MENENDEZ, the At the request of Mr. WHITEHOUSE, names of the Senator from New Jersey the name of the Senator from Wis- noteworthy in Delaware. Think back roughly 400 years ago (Mr. LAUTENBERG) and the Senator consin (Mr. FEINGOLD) was added as a when the first settlements in this from Ohio (Mr. BROWN) were added as cosponsor of S. 1624, a bill to amend country from Europe were that of the cosponsors of S. 1076, a bill to improve title 11 of the United States Code, to Dutch in what is now Lewes, DE. And the accuracy of fur product labeling, provide protection for medical debt 372 years ago, the Swedes and Finns and for other purposes. homeowners, to restore bankruptcy sailed across the Atlantic Ocean up the S. 1153 protections for individuals experi- Delaware Bay and the Delaware River, At the request of Mr. SCHUMER, the encing economic distress as caregivers took a left turn on the river they de- names of the Senator from Vermont to ill, injured, or disabled family mem- cided to name after the child queen of (Mr. SANDERS) and the Senator from bers, and to exempt from means testing Sweden, Christina, and established the Washington (Mrs. MURRAY) were added debtors whose financial problems were colony of New Sweden and what is now as cosponsors of S. 1153, a bill to amend caused by serious medical problems, known as Wilmington, DE. the Internal Revenue Code of 1986 to and for other purposes. To the south in Dover, DE, at the extend the exclusion from gross income S. RES. 312 Golden Fleece Tavern for roughly 3 for employer-provided health coverage At the request of Mr. DODD, the name days in December 1787, 25 or so men for employees’ spouses and dependent of the Senator from Wisconsin (Mr. holed up in the Golden Fleece Tavern children to coverage provided to other FEINGOLD) was added as a cosponsor of drinking what I describe as hot choco- eligible designated beneficiaries of em- S. Res. 312, a resolution expressing the late in order to decide whether the ployees. sense of the Senate on empowering and State of Delaware was going to be the S. 1155 strengthening the United States Agen- first State to ratify the Constitution. At the request of Ms. COLLINS, the cy for International Development A few miles south of there is the name of the Senator from Wisconsin (USAID). childhood home of John Dickinson,

VerDate Nov 24 2008 01:12 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\A20OC6.011 S20OCPT1 smartinez on DSKB9S0YB1PROD with SENATE S10572 CONGRESSIONAL RECORD — SENATE October 20, 2009 who worked with folks in Connecticut We are excited about what the Na- ducing the bill by myself. I am joined at the Constitutional Convention to tional Park Service has decided. Is it by my colleague, Senator KAUFMAN, come up with a grand compromise everything we had hoped for? No, it is and in the House by Congressman MIKE which says every State will have two not. Is it a whole lot better than being CASTLE. This will be a bipartisan, bi- U.S. Senators and we will apportion the only State in the country without cameral initiative. the seats in the House of Representa- a national park? It sure is a lot better I yield to Senator KAUFMAN. tives in accordance with the population than that. The PRESIDING OFFICER. The Sen- of the States. I express great thanks to all the men ator from Delaware. From one end of the State of Dela- and women in my State who for almost Mr. KAUFMAN. Mr. President, this ware to the other, there are any num- 8 years worked on this concept, created has been a great journey for me, before ber of things that are important to our and gathered good ideas and suggested I came to the Senate, watching my Nation’s heritage and I think certainly those to the Park Service. I thank the present senior Senator, TOM CARPER, to the people of Delaware. Yet we have Delaware Division of Parks and Recre- then junior Senator—I am proud to say no national park commemorating any ation, the Delaware Division of Histor- one of my greatest accomplishments as of that at all. Roughly 8 years ago, ical and Cultural Affairs, the National a Senator was to promote TOM CARPER shortly after I came to the Senate, we Park Service, former Secretary of the from junior Senator to senior Sen- went to work to see whether we could Interior Dirk Kempthorne; and cer- ator—to watch him work on this bill change that situation. A lot of good tainly our current Secretary of the In- for a national park for Delaware for 8 people in my State submitted ideas, terior, Ken Salazar, for their steadfast years. I think if you were trying to do a from one end of the State to the other, support for this initiative. what they thought might be reason- About half a dozen or so years ago, case study on what it takes to make an able, acceptable, appropriate items or my family and I—my boys are now 19 accomplishment in the Senate, his ef- places to designate as our national and 21, but when they were younger, we forts would be an excellent case study. park. We created a wonderful citizens liked to travel in the summers and He has been working for 8 years to group about 3 or 4 years ago. They visit national parks. We visited na- bring a national park to Delaware. It is went the length and breadth of the tional parks from Pennsylvania, the the only State in the Nation that does not have a national park, and yet it State, led by professor emeritus Jim second State in the Union, to Illinois, has so many wonderful things to see. I Solis of the University of Delaware. the Lincoln sites. We went to Alaska, think people who visit Delaware will They came back with a wonderful to Denali, the great one, a huge na- know that. group of ideas they collected from peo- tional park that is two to three times I am proud to be a cosponsor of a bill ple from all over the State. the size of Delaware. We loved to visit that really my senior Senator has They said: This is what we think the national parks. This summer, our boys worked so hard on. He already ex- national park should be—a unique con- took a cross-country tour to the west plained much of the history of how we cept. If you can imagine four bicycle coast for a summer job for one of our came to this point, so I want to simply wheels, each has a hub, and from the boys. They drove all the way across the say again that I appreciate how he has hubs emanate the spokes. The vision of northern part of our country and got to worked with the National Park Service our working group was to have four spend time in the Badlands, Mount to design a national historical park for hubs—one in northern Delaware, Wil- Rushmore and Yellowstone and other Delaware. mington; one maybe in Delaware City; sites along the way. Earlier this year, when we were dis- another in Kent County, the central National parks were described as—I cussing the Travel Promotion Act, I part of our State; and another in think it was Wallace Stegner who said discussed many of Delaware’s attrac- Lewes, DE, the southern part of our our national parks are America’s best tions, from the colonial history dating State. From each of those hubs—think ideas. Ken Burns, the documentary back to before it became the first State of the spokes emanating—is a variety filmmaker whose series on national to ratify the Constitution, to the beau- of attractions to which people could parks was on National Public Tele- tiful beaches. We have a wealth of op- come. Each hub would be a hub estab- vision—beautifully done, beautifully portunities for tourism. However, until lished with some presence by the Na- videographed, and the story told of our this bill is signed into law, we will not tional Park Service. national parks and how the first na- have a national park. These were the ideas we submitted to tional park began about 140 years ago. No one needs to be told about the the National Park Service roughly 3 Here we are 140 years later. They are a value of national parks, the way they years ago. The National Park Service national treasure. People come from offer recreational opportunities, sup- went to work on it. To their credit, all over the world. port local businesses, and protect nat- they came to our State. They covered When we went on the national park ural and cultural heritage. What is per- our State and met with all kinds of Web site 6 years ago to look for a place haps most important about them, how- people from one end of Delaware to the to go as a family, do you know what we ever, is the way they define and pre- other and came up with another idea. ended up with? Nothing. There was a serve our relationship with possibility. They said: We like what you came up lot of stuff to visit from Alabama to They speak of a quintessential Amer- with, but here is what the National Wyoming, A to W, but when we got to ican world view that everyone has a Park Service would like you to do. It is Delaware, nothing. right to share in what is greatest and this: Create a national park that fo- We have a lot in our State of which magnificent in our world, in this case cuses on Delaware from the early set- we are proud. We have a lot in our our national parks. tlement of the Dutch, the Swedes and State of which our country can be Since the creation of Yellowstone the Finns and the English—a national proud. We want not only people in and Yosemite over a century ago, mil- park theme to run from that period of Delaware to know but people through- lions of Americans have had their eyes time until first statehood, December 7, out the country and the world. When opened by breathtaking vistas and the 1787, roughly 130, 140 years. they are looking for a good place to rich history of our wonderful country. The idea is to place in old New Cas- visit for some culture and history and, The park in Delaware will play an im- tle, colonial New Castle, about 10 miles frankly, for a good time, we want them portant role in preserving our colonial south of Wilmington, DE, on the Dela- to know that Delaware—little Dela- history. Remember, Delaware was a ware River, a national park site that ware—is on the map. We are ready. The crossroads for early Dutch, English, would be colocated and located in an doors are open. The ‘‘welcome’’ mat is and Swedish settlers. Our State has a existing structure that is suitable for out. We are ready to receive them. rich endowment of colonial landmarks. that purpose. That spot will be popu- I want to say a big thanks to every- Bringing these together the way Sen- lated by park rangers, who will be one who got us to this point. We are de- ator CARPER has proposed in a national there to serve as interpreters and help lighted to introduce the legislation historical park, this bill will allow all welcome people to the site and help in- that will designate and establish the Americans to appreciate our history form them, share with them other first national park in the State of leading up to the signing of the Con- ideas and places to visit. Delaware. Fortunately, I am not intro- stitution. That is why I am glad to join

VerDate Nov 24 2008 01:12 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.030 S20OCPT1 smartinez on DSKB9S0YB1PROD with SENATE October 20, 2009 CONGRESSIONAL RECORD — SENATE S10573 with my senior Senator, TOM CARPER, or its role as emergency lender of last My constituents are rightly concerned in cosponsoring this bill. It is high resort. The Federal Reserve Account- about the burden that their children time Delaware has a national park, and ability Act would require the GAO to and grandchildren will be forced to I believe this bill will create one that audit the accounting, financial report- shoulder. preserves Delaware’s rich pre-Constitu- ing, and internal controls of all Federal That is why I am introducing the tion history for generations to come. Reserve emergency credit programs Control Spending Now Act. This bill I thank my senior Senator for what that are not already subject to audit. consists of dozens of different initia- he is doing, not just for me, not just for To protect against the risk that disclo- tives that would collectively reduce the people of Delaware, but for the sure of the participation of particular the deficit by over $1⁄2 trillion over 10 country. This will be a great place for institutions could disrupt markets, the years. It includes procedural reforms people to come from all over the coun- GAO would be required to redact the that would make it easier to eliminate try and all over the world to see the names of specific institutions. Names funding for pet projects slipped into glorious history that is in Delaware. would, however, be made available 1 larger spending bills, as well as cuts to Mr. CARPER. Mr. President, in con- year after each emergency program is spending that isn’t working or needed, clusion, I say a special thanks to Sen- no longer used. For additional trans- from $4 billion for C–17 aircraft the De- ator KAUFMAN. I thank members of our parency and public accessibility, the partment of Defense didn’t ask for and staff who worked on this bill—not just legislation would also require that the doesn’t want to $30 million for a pro- us—literally for years in Delaware and Federal Reserve place these GAO au- gram that sends a radio and TV signal here as well. dits along with additional audit mate- to Cuba that nobody gets. The bill also I want to thank my colleagues who rials under a new ‘‘Audit’’ section on would save $244 billion by rescinding earlier voted with us to authorize a its website. unobligated TARP payments and re- study, and to the National Park Serv- The many emergency lending pro- turning them to the Treasury—I op- ice to fund that study, which came grams created over the past year have posed the Wall Street bail-out from the back to us with the recommendations certainly helped bring the financial start, and it’s high time we brought it of the National Park Service literally markets back from the brink of col- to an end. earlier this year. lapse. But it is now time to set up a The ideas I am proposing are not all I also want to say that in this pro- process for each lending facility to be new—for example, I have been fighting posal we give a nod to the fact that fully audited by the GAO and reaffirm to end earmark abuses and give the these are trying fiscal times in which our commitment to openness and president a line-item veto for some we live, and we don’t have the ability transparency whenever taxpayer dol- time. And not all the ideas were thought up by me—there are a lot of to spend boatloads of money for a na- lars are used. tional park anywhere, including the I am hopeful that we can move quick- good proposals out there, and I have First State. The proposal that we have ly to enact this important legislation, tried to bring them together in one before us is one that recognizes that and I urge my colleagues to join us in comprehensive bill. I have included leg- islation drafted by Senators BYRON and is, I think, responsible, and fiscally this effort. responsible, too. DORGAN and JEFF BINGAMAN that would So with all that having been said, we By Mr. FEINGOLD: save the Federal Government and con- are delighted to say that while this is S. 1808. A bill to control Federal sumers money by bringing down pre- not the end, this may be the beginning spending now; to the Committee on Fi- scription drug prices, as well as bien- of the end, we hope, of the journey that nance. nial budgeting reforms that former will lead us to a national park, and we Mr. FEINGOLD. Mr. President, fiscal Senator Pete Domenici championed, and that Senator JOHNNY ISAKSON is are delighted to stand here together to responsibility is a Wisconsin tradition now seeking to advance. I also included get us on the last part of that journey. and it has been a major priority of mine throughout my years in the Sen- provisions crafted by Senators KIT By Mr. MERKLEY (for himself ate. In 1992 when I first ran for the job BOND, JAY ROCKEFELLER and DIANNE and Mr. CORKER): I hold now, I put together an 82-point FEINSTEIN and included in the Senate- S. 1803. A bill to amend title 31, plan to save hundreds of billions of dol- passed intelligence authorization bill United States Code, to authorize re- lars in wasteful, inefficient or for fiscal year 2010 that would help views by the Comptroller General of unneeded government spending. Back eliminate wasteful spending in the in- the United States of emergency credit then, the country was facing huge telligence budget. I am grateful to my facilities established by the Board of budget deficits and Americans were un- colleagues for the work they are doing Governors of the Federal Reserve Sys- derstandably concerned about the debt to return the country to the path of fis- tem or any Federal Reserve bank, and we were piling up. Fortunately, we cal responsibility. for other purposes; to the Committee took some strong steps in the 1990s to Not everyone will agree with every on Banking, Housing, and Urban Af- clean up that fiscal mess—including one of my proposals—in fact, for every proposal, there is probably one or more fairs. passing some of the reforms I cham- entrenched group committed to pre- Mr. MERKLEY. Mr. President, today pioned in my 82-point plan—and we serving the status quo. But the status Senator BOB CORKER of Tennessee and I were able to get the country back on quo isn’t good enough—we need to come together to introduce the Federal the right track. make tough spending choices, which is Reserve Accountability Act. Over the Unfortunately, we face a similar cri- why I am proposing this legislation, course of the financial crisis, the Fed- sis today. In fact, in many ways it is and why I will continue working to eral Reserve has taken extraordinary worse because the deficits are even big- control spending now. actions to stabilize our financial sys- ger while the economy is in such bad tem. In doing so, it has departed sig- shape. The reckless fiscal policies of By Mr. CARDIN (for himself, Ms. nificantly from its traditional relation- the past eight years, combined with MIKULSKI, Mr. CARPER, and Mr. ship with markets. It is essential, the current recession those policies KAUFMAN): therefore, that we bring greater open- helped create, have dug a deep hole, S. 1816. A bill to amend the Federal ness and transparency to the Federal and we need to start filling it in. Some Water Pollution Control Act to im- Reserve. may argue that we can’t cut govern- prove and reauthorize the Chesapeake We are introducing the Federal Re- ment spending now because that would Bay Program; to the Committee on En- serve Accountability Act because we make the recession we are in even vironment and Public Works. believe that it strikes the right balance worse. I don’t agree—while we Mr. CARDIN. Mr. President, today I in making the Federal Reserve’s new shouldn’t be slashing, say, unemploy- am introducing the Chesapeake Clean emergency lending activities subject to ment insurance or education funding, Water and Ecosystem Restoration Act. a robust financial audit by the Govern- we should absolutely be targeting the I am joined in this effort by original ment Accountability Office, GAO, waste and fat in the federal budget. cosponsors, Ms. MIKULSKI, Mr. CARPER, without disturbing the Federal Re- That’s the message I am consistently and Mr. KAUFMAN. Together we are serve’s monetary policy independence hearing as I travel around Wisconsin. committed to giving our states and

VerDate Nov 24 2008 02:13 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.031 S20OCPT1 smartinez on DSKB9S0YB1PROD with SENATE S10574 CONGRESSIONAL RECORD — SENATE October 20, 2009 municipalities the tools they need to nually. Business leaders and realtors easy. In the 25 years since the Chesa- finally restore water quality in the tell us that healthy rivers and a peake Bay program started, the num- Chesapeake Watershed and return this healthy bay add immeasurably to their ber of people living in the watershed national treasure to its rightful posi- ability to attract a quality workforce has exploded. tion as one of the world’s most impor- and add value to homes. The population of the Chesapeake tant ecological regions. At least one estimate suggests that Bay Watershed has grown from 12 mil- Yesterday morning I stood on the the Bay’s economic value to the region lion when the Program started to over shores of the Chesapeake Bay, near An- tops $1 trillion. The challenge before us 17 million residents today. That is a 40 napolis, Maryland, to outline the provi- is great, but so is the opportunity. percent increase. And it is not just sions of this legislation. I was joined by The Chesapeake Clean Water and more people producing more pollution. Martin O’Malley, Governor of Mary- Ecosystem Restoration Act gives the The amounts of impervious surfaces, land and a tireless champion of the states strong new tools to restore the the hardened landscapes that funnel bay. Standing with him was Preston Bay and for the first time sets a firm polluted water into our streams and Bryant, Virginia’s Secretary of Natural deadline of 2025 for all restoration ef- rivers and eventually the Bay, have in- Resources, representing Governor Tim forts to be in place. creased by about 100 percent over the Kaine. Both states, which embrace the The internal and final deadlines for same time frame. We are losing an as- entirety of the Chesapeake Bay, were action coincide with the Chesapeake tounding 100 acres of forest lands every there to lend their support to this leg- Executive Council’s timeline for Chesa- day in the Bay watershed. Simply put, islative effort. Two of my colleagues peake restoration. Unlike earlier, there are millions more of us, and the from the other body, Congressman ELI- missed deadlines, this one will become size of our impact on the Bay water- JAH CUMMINGS and Congressman CHRIS a legally binding part of the Clean shed has grown twice as fast as our VAN HOLLEN, also joined us, noting Water Act. population rate. Without the Bay Pro- that they intend to introduce a com- The bill also significantly expands gram, the health of the Chesapeake panion bill in the House of Representa- federal grants. The Chesapeake Res- would undoubtedly be worse than it is. tives today. A powerful coalition of toration bill authorizes a new $1.5 bil- As I have said before, barely holding more than 100 local watershed organi- lion grants program to control urban/ our own is not good enough. So merely zations was there, too, to lend its sup- suburban polluted stormwater, the fine tuning the Bay Program will not port. And finally, we were joined by only pollution sector that is still grow- be good enough either. Fortunately, Mr. Luke Brubaker, a dairy and poul- ing. Grants to the states, small water- Federal, State and local governments, try farmer from Pennsylvania who is shed organizations, and for comprehen- in cooperation with community organi- zations are standing up around our re- already demonstrating how local ac- sive monitoring programs are all newly gion to help renew the region’s pre- tions can result in real water quality created or expanded in the legislation. At least 10 percent of State implemen- cious water resources. benefits. We are focused on three major Today we take a major step forward tation grants are set aside for Dela- sources of water pollution: runoff from in writing the next chapter in the his- ware, New York, and West Virginia. agricultural lands, effluent from waste- tory of one of America’s most cher- These headwater States have never water treatment plants, and polluted ished and celebrated bodies of water— been guaranteed any access to these stormwater runoff from the developed the Chesapeake Bay. The original funds in the past. At least 20 percent of the implemen- lands in our cities, towns and suburbs. English colony in Jamestown was set- Last year we passed a Farm Bill that tation grants will go for technical as- tled on its shores. George Washington today is providing Chesapeake farmers sistance to farmers and foresters to built his home overlooking one its with unprecedented financial support help them access Farm Bill funds and great rivers. The War of 1812 was in putting conservation programs into implement conservation practices. The fought on its waters, and generations practice. Two years ago we provided bill also requires the Environmental of Americans came to live off its boun- our farmers with about $8 million in Protection Agency to build on the posi- ty of oysters and blue crabs and rock- conservation funding. In the past year, tive experiences of Virginia and Penn- fish. Harriet Tubman led a life of slav- that figure went up to $23 million. This sylvania by establishing the framework ery and heroic freedom among its vast year it is growing to $43 million and for an innovative interstate trading marshes, and James Michener wrote a next year it reaches $72 million—nearly saga celebrating its majesty. program. As Mr. Brubaker recounted a ten-fold increase in just 3 years. Today, 17 million people live in its for us yesterday, farmers can partner Eight years of chronic under-funding watershed. Its tributaries are home to with those who need to reduce the for wastewater treatment plants three state capitals as well as Amer- amount of nitrogen and phosphorus changed dramatically in January. ica’s center of government. The bay that they are releasing into the Bay. President Obama and the new Congress has been called a ‘‘National Treasure’’ These groups can meet their legal obli- have teamed up to provide a 350 per- by American Presidents ranging from gation to reduce pollution by giving cent increase in Federal funding this Ronald Reagan to Barack Obama. The farmers the extra financial support year to up-grade and repair sewage United Nation’s Ramsar Convention they need to implement additional con- treatment plants. The EPA funding bill recognizes the bay as an ecological re- servation practices on their agricul- that is now nearing final action will gion of global significance. In Mary- tural lands. It is a classic win-win situ- sustain that record investment into land it is the economic, environmental, ation, and by 2012 it will be available 2010. We need to make a major invest- cultural and historic heart of the state. throughout the six state watershed. ment in our cities and towns, too, to But, the bay and its watershed are in The bill codifies President Obama’s combat the growing problem we have trouble. Chesapeake Bay Executive Order, with polluted stormwater. That is why By every scientific measure, the eco- which requires annual Federal Action this bill authorizes $1.5 billion to pro- logical health of the Chesapeake Bay is Plans across all federal departments to vide the federal funds needed to really poor. The Chesapeake Bay and its trib- restore the Bay. attack this problem. utaries are unhealthy primarily be- The basics of this bill are very sim- All of us, States and cities, farmers cause of excess nitrogen, phosphorus ple, as most good ideas are. Scientists and foresters, sewage treatment plant and sediment entering the water. are telling us what the maximum operators and new home builders, ar- These pollutants threaten not just amounts of pollution that the Bay can dent environmentalists and average the legacy we have inherited but also withstand and still be healthy. The residents, want to do our part to have our future. The multi-million seafood Chesapeake Clean Water and Eco- clean water flowing through our industry is suffering from chronically system Restoration Act sets a hard cap streams and rivers. All of us want a small harvests. That is not all. Rec- on pollution, and then we give the healthy Bay. reational fishermen, duck hunters, sail states until 2025 to reduce their propor- The Chesapeake Clean Water and boat and power boat operators, bird tional share of the pollution load. The Ecosystem Restoration Act gives all of watchers and others bring tens of mil- states have maximum flexibility to the Bay States a clear and fully en- lions of dollars into our economies an- reach these goals, but it still won’t be forceable goal to clean up our waters

VerDate Nov 24 2008 01:12 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G20OC6.034 S20OCPT1 smartinez on DSKB9S0YB1PROD with SENATE October 20, 2009 CONGRESSIONAL RECORD — SENATE S10575 and restore our Bay by 2025. The bill entific, and citizen advisory boards have (20) the decline of key aquatic habitats and also gives us the resources to get the worked through the Chesapeake Bay Pro- species has resulted in a loss of the impor- job done and the tools to do so in a way gram of the Environmental Protection Agen- tant water quality benefits that the habitats cy to develop an unparalleled body of sci- and species traditionally provided; that is flexible and cost effective. entific information and cooperative partner- (21) native oysters, the numbers of which The Chesapeake Bay is the heart of ships to advance the Chesapeake Bay res- have declined precipitously in the Chesa- our region. It is where we work, play, toration effort; peake Bay in significant part because of dis- farm, and enjoy the beauty and abun- (3) despite significant efforts by Federal, eases brought into the watershed by non- dance of the natural resources that State, and local governments and other in- native oysters, are natural filters that once surround us. But as anyone who has ex- terested parties, water pollution in the effectively filtered a volume of water equiva- perienced the shortage of blue crabs Chesapeake Bay prevents the attainment of lent to that of the entire Chesapeake Bay in and oysters or read about ‘‘dead zones’’ existing State water quality standards and a matter of days; the ecological goals of the Federal Water (22) although less well-understood, menha- in the water knows, the Bay continues Pollution Control Act (33 U.S.C. 1251 et seq.); den, a species of fish found in the Chesapeake to be in trouble. We’ve made great (4) the Chesapeake Bay Program partner- Bay, also provide important filtering capac- strides in the last few decades through ship has developed a rich body of environ- ity as well as a number of other key eco- the EPA’s Chesapeake Bay Program. mental data based on an extensive network system functions; But we remain far from attaining the of monitors, which provide a critical meas- (23) wetlands are a vital part of any major goals necessary to restore the Bay to a ure of success in attainment of the goals of ecosystem; healthy state, one that can sustain na- the restoration effort; (24) studies have demonstrated that (5) the Chesapeake Bay Program partner- nontidal wetland near the Chesapeake Bay tive fish and wildlife and maintain the ship has also developed some of the world’s removed as much as 89 percent of the nitro- viability of our farmland and regional foremost water quality and ecosystem com- gen and 80 percent of the phosphorus that en- economy for the near- and long-term puter models, which are invaluable planning tered the wetland through upland runoff, future. tools for resource managers; groundwater, and precipitation; Accomplishing these goals starts (6) the major pollutants affecting the (25) riparian forests remove as much as 90 with the local implementation of the water quality of the Chesapeake Bay and re- percent of nitrogen and phosphorus that most innovative, sustainable, and cost- lated tidal waters are nitrogen, phosphorus, would otherwise enter the water; and sediment; (26) the loss of forests and wetlands in the effective strategies for restoring and (7) the largest developed land use in the Chesapeake Bay has resulted in diminished protecting water quality and vital Chesapeake Bay watershed, and the largest water quality, among other effects; habitats within the Chesapeake Bay single-sector source of nitrogen, phosphorus, (27) in certain locations in the Chesapeake watershed. Everywhere I go there is a and sediment pollution, is agriculture; Bay, nutria, a nonnative species, has caused strong desire to see local streams re- (8) conservation practices have resulted in extensive destruction of key wetlands; and turned to good health and the Chesa- significant reductions in pollution loads (28) in spite of the achievements of the peake Bay restored to its former glory. from the agricultural sector; Chesapeake Bay Program partnership and in- People are ready to take action to con- (9) to speed continued progress in the agri- creasing knowledge about ecosystem func- cultural sector, the Federal Government and tions, the restoration of the Chesapeake Bay trol pollution, restore water quality State governments have initiated a number will require significantly stronger tools to and see the living resources of the Bay of agricultural conservation programs, in- manage pollution levels and other impedi- return in abundance. cluding the Chesapeake Bay watershed ini- ments to water quality. The Chesapeake is a region steeped in tiative under section 1240Q of the Food Secu- SEC. 3. CHESAPEAKE BAY PROGRAM. history. Today, we add our own con- rity Act of 1985 (16 U.S.C. 3839bb–4); Section 117 of the Federal Water Pollution tribution to that storied past. With the (10) atmospheric deposition of nitrogen ox- Control Act (33 U.S.C. 1267) is amended to Chesapeake Clean Water and Eco- ides and ammonia on the Chesapeake Bay read as follows: watershed contributes as much as 1⁄3 of the system Restoration Act, we are pro- ‘‘SEC. 117. CHESAPEAKE BAY PROGRAM. nitrogen pollution in the Chesapeake Bay; ‘‘(a) DEFINITIONS.—In this section: posing the most sweeping legislative (11) for years, a steady stream of tech- ‘‘(1) ADMINISTRATIVE COST.—The term ‘ad- effort in the history of the Clean Water nology development and increasingly strin- ministrative cost’ means the cost of salaries Act. With the firm commitments and gent permit requirements have resulted in a and fringe benefits incurred in administering cooperation from the communities steady decline in the nitrogen and phos- a grant under this section. across the 64,000 square mile water- phorus pollution derived from wastewater ‘‘(2) ASIAN OYSTER.—The term ‘Asian oys- shed, we will restore the health, pro- treatment plants in the Chesapeake Bay wa- ter’ means the species Crassostrea ariakensis. tershed; ductivity and beauty of the Chesapeake ‘‘(3) BASELINE.—The term ‘baseline’ means (12) suburban and urban development is the the basic standard or level used for meas- Bay for generations to come. fastest growing land use sector in the Chesa- uring (as applicable)— Today marks the beginning of that peake Bay watershed, and stormwater runoff ‘‘(A) the nutrient control requirements legislative effort. It will not be easy, from that sector is the only major source of credit sellers must achieve before becoming and we will need all of our best efforts pollution in the watershed that is increasing; eligible to generate saleable nutrient credits; if we are to be successful. But we can- (13) during the period beginning in 1990 and or not and will not come up short. ending in 2000, impervious cover, the hard- ‘‘(B) the nutrient load reductions required Mr. President, I ask unanimous con- ened surfaces through which water cannot of individual sources to meet water quality penetrate, increased by nearly 250,000 acres, sent that the text of the bill be printed standards or goals under a TMDL or water- about 41 percent, or the size of 5 Districts of shed implementation plan. in the RECORD. Columba; ‘‘(4) BASIN COMMISSIONS.—The term ‘basin There being no objection, the text of (14) during that period, the watershed pop- commissions’ means— the bill was ordered to be printed in ulation of the Chesapeake Bay grew by just ‘‘(A) the Interstate Commission on the Po- the RECORD, as follows: 8 percent; tomac River Basin established under the S. 1816 (15) the population of the watershed is esti- interstate compact consented to and ap- mated to be growing by about 157,000 people proved by Congress under the Joint Resolu- Be it enacted by the Senate and House of Rep- per year; tion of July 11, 1940 (54 Stat. 748, chapter 579) resentatives of the United States of America in (16) continuing at that rate, the population and Public Law 91–407 (84 Stat. 856); and Congress assembled, will increase to nearly 20,000,000 by 2030; ‘‘(B) the Susquehanna River Basin Com- SECTION 1. SHORT TITLE. (17) about 58 percent of the watershed of mission established under the interstate This Act may be cited as the ‘‘Chesapeake the Chesapeake Bay is undeveloped and compact consented to and approved by Con- Clean Water and Ecosystem Restoration Act mostly forested, but as many as 100 hundred gress under Public Law 91–575 (84 Stat. 1509) of 2009’’. acres of forest are lost to development each and Public Law 99–468 (100 Stat. 1193). SEC. 2. FINDINGS. day; ‘‘(5) CHESAPEAKE BAY AGREEMENT.—The Congress finds that— (18) States, local governments, developers, term ‘Chesapeake Bay Agreement’ means the (1) the Chesapeake Bay and the tributary and nonprofit organizations have developed formal, voluntary agreements executed to waters of the Chesapeake Bay are natural re- numerous low-impact development tech- achieve the goal of restoring and protecting sources of outstanding ecological, economic, niques since the late 1990s, which use natural the Chesapeake Bay ecosystem and the liv- and cultural importance to the United area protection, infiltration, and pervious ing resources of the Chesapeake Bay eco- States; surfaces to reduce stormwater runoff and as- system and signed by the Chesapeake Execu- (2) for more than 20 years, the Federal Gov- sociated sediment and nutrient pollution; tive Council. ernment and the States of the Chesapeake (19) many of those techniques are less ex- ‘‘(6) CHESAPEAKE BAY ECOSYSTEM.—The Bay Watershed, the Chesapeake Bay Com- pensive than traditional pollution term ‘Chesapeake Bay ecosystem’ means the mission, and various local government, sci- stormwater control management techniques; ecosystem of the Chesapeake Bay watershed.

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‘‘(7) CHESAPEAKE BAY PROGRAM.—The term ‘‘(B) FUNCTION.—The Chesapeake Bay Pro- the Chesapeake Bay Agreement, subject to ‘Chesapeake Bay Program’ means the pro- gram Office shall provide support to the such terms and conditions as the Adminis- gram directed by the Chesapeake Executive Chesapeake Executive Council by— trator considers to be appropriate; and Council in accordance with the Chesapeake ‘‘(i) implementing and coordinating ‘‘(B) may make a monitoring grant to— Bay Agreement. science, research, modeling, support serv- ‘‘(i) a Chesapeake Bay State, or a designee ‘‘(8) CHESAPEAKE BAY STATE.—The term ices, monitoring, data collection, and other of a Chesapeake Bay State (such as a soil ‘Chesapeake Bay State’ means any of— activities that support the Chesapeake Bay conservation district, nonprofit organiza- ‘‘(A) the States of Delaware, Maryland, Program; tion, local government, college, university, New York, Pennsylvania, Virginia, and West ‘‘(ii) developing and making available, interstate basin commission, or interstate Virginia; or through publications, technical assistance, agency), for the purpose of monitoring the ‘‘(B) the District of Columbia. and other appropriate means, information ecosystem of freshwater tributaries to the ‘‘(9) CHESAPEAKE BAY WATERSHED.—The pertaining to the environmental quality and Chesapeake Bay; or term ‘Chesapeake Bay watershed’ means the living resources of the Chesapeake Bay eco- ‘‘(ii) the States of Delaware, Maryland, or Chesapeake Bay and the area consisting of 19 system; Virginia, the District of Columbia, or a des- tributary basins within the Chesapeake Bay ‘‘(iii) in cooperation with appropriate Fed- ignee (such as a nonprofit organization, local States through which precipitation drains eral, State, and local authorities, assisting government, college, university, or inter- into the Chesapeake Bay. the signatories to the Chesapeake Bay state agency) for the purpose of monitoring Agreement in developing and implementing the Chesapeake Bay, including the tidal wa- ‘‘(10) CHESAPEAKE EXECUTIVE COUNCIL.—The specific action plans to carry out the respon- ters of the Chesapeake Bay. term ‘Chesapeake Executive Council’ means sibilities of the signatories to the Chesa- ‘‘(2) ADMINISTRATION.—In making imple- the signatories to the Chesapeake Bay peake Bay Agreement; mentation grants to each of the Chesapeake Agreement. ‘‘(iv) coordinating the actions of the Envi- Bay States for a fiscal year under this sub- ‘‘(11) CLEANING AGENT.—The term ‘cleaning ronmental Protection Agency with the ac- section, the Administrator shall ensure that agent’ means a laundry detergent, dish- tions of the appropriate officials of other not less than— washing compound, household cleaner, metal Federal agencies and State and local au- ‘‘(A) 10 percent of the funds available to cleaner, degreasing compound, commercial thorities in developing strategies to— make such grants are made to the States of cleaner, industrial cleaner, phosphate com- ‘‘(I) improve the water quality and living Delaware, New York, and West Virginia; and pound, or other substance that is intended to resources in the Chesapeake Bay ecosystem; ‘‘(B) 20 percent of the funds available to be used for cleaning purposes. and make such grants are made to States for the ‘‘(12) DIRECTOR.—The term ‘director’ means ‘‘(II) obtain the support of the appropriate sole purpose of providing technical assist- the Director of the Chesapeake Bay Program officials of the agencies and authorities in ance to agricultural producers and foresters Office of the Environmental Protection achieving the objectives of the Chesapeake to access conservation programs and other Agency. Bay Agreement; and resources devoted to improvements in water ‘‘(13) LOCAL GOVERNMENT.—The term ‘local ‘‘(v) implementing outreach programs for quality in the Chesapeake Bay and the tribu- government’ means any county, city, or public information, education, and participa- taries of the Chesapeake Bay. other general purpose political subdivision of tion to foster stewardship of the resources of ‘‘(3) PROPOSALS.— a State with jurisdiction over land use. the Chesapeake Bay. ‘‘(A) IMPLEMENTATION GRANTS.— ‘‘(14) MENHADEN.—The term ‘menhaden’ ‘‘(c) INTERAGENCY AGREEMENTS.—The Ad- ‘‘(i) IN GENERAL.—A Chesapeake Bay State means members of stocks or populations of ministrator may enter into an interagency described in paragraph (1) may apply for a the species Brevoortia tyrannus. agreement with a Federal agency to carry grant under this subsection for a fiscal year ‘‘(15) NUTRIA.—The term ‘nutria’ means the out this section. by submitting to the Administrator a com- species Myocaster coypus. ‘‘(d) TECHNICAL ASSISTANCE AND ASSIST- prehensive proposal to implement programs ‘‘(16) POINT-OF-REGULATION.—The term ANCE GRANTS.— and achieve the goals established under the ‘point-of-regulation’ means any entity that— ‘‘(1) IN GENERAL.—In cooperation with the Chesapeake Bay Agreement. ‘‘(A) is subject to a limitation on pollution Chesapeake Executive Council, the Adminis- ‘‘(ii) IMPLEMENTATION GRANT CONTENTS.—A or other regulation under this Act; and trator may provide technical assistance, and proposal under clause (i) shall include— ‘‘(B) has sufficient technical capacity and assistance grants, to nonprofit organiza- ‘‘(I) a description of proposed actions that legal authority to meet the obligations of tions, State and local governments, colleges, the Chesapeake Bay State commits to take the entity under this Act. universities, and interstate agencies to carry within a specified time period that are de- ‘‘(17) SIGNATORY JURISDICTION.—The term out this section, subject to such terms and signed— ‘signatory jurisdiction’ means a jurisdiction conditions as the Administrator considers ‘‘(aa) to achieve and maintain all applica- of a signatory to the Chesapeake Bay Agree- appropriate. ble water quality standards, including stand- ment. ‘‘(2) FEDERAL SHARE.— ards necessary to support the aquatic living ‘‘(18) TMDL.— ‘‘(A) IN GENERAL.—Except as provided in resources of the Chesapeake Bay and related ‘‘(A) IN GENERAL.—The term ‘TMDL’ means subparagraph (B), the Federal share of an as- tributaries and to protect human health; the total maximum daily load that the Ad- sistance grant provided under paragraph (1) ‘‘(bb) to restore, enhance, and protect the ministrator establishes or approves for nitro- shall be determined by the Administrator in finfish, shellfish, waterfowl, and other living gen, phosphorus, and sediment loading to the accordance with guidance issued by the Ad- resources, habitats of those species and re- waters in the Chesapeake Bay mainstem and ministrator. sources, and ecological relationships to sus- tain all fisheries and provide for a balanced tidal tributaries identified on the list of a ‘‘(B) CHESAPEAKE BAY STEWARDSHIP GRANTS ecosystem; Chesapeake Bay State under section 303(d). PROGRAM.—The Federal share of an assist- ance grant provided under paragraph (1) to ‘‘(cc) to preserve, protect, and restore ‘‘(B) INCLUSIONS.—The term ‘TMDL’ may those habitats and natural areas that are include nitrogen, phosphorus, and sediment carry out an implementing activity under vital to the survival and diversity of the liv- allocations in temporal units of greater than subsection (h)(2) shall not exceed 75 percent ing resources of the Chesapeake Bay and as- daily duration if applicable allocations— of eligible project costs, as determined by sociated rivers; ‘‘(i) are demonstrated to achieve water the Administrator. ‘‘(dd) to develop, promote, and achieve quality standards; and ‘‘(3) NON-FEDERAL SHARE.—An assistance sound land use practices that protect and re- ‘‘(ii) do not lead to exceedances of other grant under paragraph (1) shall be provided store watershed resources and water quality, applicable water quality standards for local on the condition that non-Federal sources reduce or maintain reduced pollutant load- receiving waters. provide the remainder of eligible project costs, as determined by the Administrator. ings for the Chesapeake Bay and related trib- ‘‘(19) TRIBUTARY BASIN.—The term ‘tribu- utaries, and restore and preserve aquatic liv- tary basin’ means an area of land or body of ‘‘(4) ADMINISTRATIVE COSTS.—Administra- ing resources; water that— tive costs shall not exceed 10 percent of the ‘‘(ee) to promote individual stewardship ‘‘(A) drains into any of the 19 Chesapeake annual grant award. ‘‘(e) IMPLEMENTATION AND MONITORING and assist individuals, community-based or- Bay tributaries or tributary segments; and GRANTS.— ganizations, businesses, local governments, ‘‘(B) is managed through watershed imple- ‘‘(1) IN GENERAL.—On the request of the and schools to undertake initiatives to mentation plans under this Act. chief executive of the Chesapeake Bay State, achieve the goals and commitments of the ‘‘(b) CONTINUATION OF CHESAPEAKE BAY the Administrator— Chesapeake Bay Agreement; or PROGRAM.— ‘‘(A) shall make an implementation grant ‘‘(ff) to provide technical assistance to ag- ‘‘(1) IN GENERAL.—In cooperation with the to the Chesapeake Bay State, or a designee ricultural producers, foresters, and other eli- Chesapeake Executive Council (and as a of a Chesapeake Bay State (such as a soil gible entities, through technical infrastruc- member of the Council), the Administrator conservation district, nonprofit organiza- ture, including activities, processes, tools, shall continue the Chesapeake Bay Program. tion, local government, college, university, and agency functions needed to support de- ‘‘(2) PROGRAM OFFICE.— interstate basin commission, or interstate livery of technical services, such as tech- ‘‘(A) IN GENERAL.—The Administrator shall agency), for the purpose of implementing the nical standards, resource inventories, train- maintain in the Environmental Protection TMDL plans of the Chesapeake Bay State ing, data, technology, monitoring, and ef- Agency a Chesapeake Bay Program Office. and achieving the goals established under fects analyses;

VerDate Nov 24 2008 01:12 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A20OC6.019 S20OCPT1 smartinez on DSKB9S0YB1PROD with SENATE October 20, 2009 CONGRESSIONAL RECORD — SENATE S10577 ‘‘(II) a commitment to dedicate not less watershed planning and restoration pro- ical contaminants from all controllable than 20 percent of the grant of the Chesa- grams. sources to levels that result in no toxic or peake Bay under this subsection to support ‘‘(2) COMPLIANCE WITH AGREEMENTS AND bioaccumulative impact on the living re- technical assistance for agricultural and for- PLANS.—The head of each Federal agency sources of the Chesapeake Bay ecosystem or estry land or nutrient management practices that owns or occupies real property in the on human health; that protect and restore watershed resources Chesapeake Bay watershed shall ensure that ‘‘(D) habitat restoration, protection, cre- and water quality, reduce or maintain re- the property, and actions taken by the agen- ation, and enhancement goals established by duced pollutant loadings for the Chesapeake cy with respect to the property, comply Chesapeake Bay Agreement signatories for Bay and related tributaries, and restore and with— wetland, riparian forests, and other types of preserve aquatic living resources; and ‘‘(A) the Chesapeake Bay Agreement; habitat associated with the Chesapeake Bay ‘‘(III) the estimated cost of the actions pro- ‘‘(B) the Federal Agencies Chesapeake Eco- ecosystem; and posed to be taken during the fiscal year. system Unified Plan; ‘‘(E) the restoration, protection, creation, ‘‘(B) MONITORING GRANTS.— ‘‘(C) the Chesapeake Bay action plan devel- and enhancement goals established by the ‘‘(i) IN GENERAL.—A Chesapeake Bay State oped in accordance with subparagraph Chesapeake Bay Agreement signatories for described in paragraph (1) may apply for a (g)(1)(A); and living resources associated with the Chesa- grant under this subsection for a fiscal year ‘‘(D) any subsequent agreements and plans. peake Bay ecosystem. by submitting to the Administrator a com- ‘‘(g) FEDERAL ANNUAL ACTION PLAN AND ‘‘(2) CHESAPEAKE BAY STEWARDSHIP GRANTS prehensive proposal to monitor freshwater or PROGRESS REPORT.—The Administrator, in PROGRAM.—The Administrator, in coopera- estuarine ecosystems, including water qual- accordance with Executive Order 13508 enti- tion with the Chesapeake Executive Council, ity. tled ‘Chesapeake Bay Protection and Res- shall— toration’ and signed on May 12, 2009 (74 Fed. ‘‘(ii) MONITORING GRANT CONTENTS.—A pro- ‘‘(A) establish a Chesapeake Bay Steward- posal under this subparagraph shall in- Reg. 23099), shall— ship Grants Program; and clude— ‘‘(1) make available to the public, not later ‘‘(B) in carrying out that program— than March 31 of each year— ‘‘(I) a description of the proposed moni- ‘‘(i) offer technical assistance and assist- ‘‘(A) a Chesapeake Bay action plan describ- toring system; ance grants under subsection (d) to local ing, in the greatest practicable degree of de- ‘‘(II) certification by the Chesapeake Bay governments, soil conservation districts, tail, how Federal funding proposed in the an- Program Director that such a monitoring academic institutions, and nonprofit organi- nual budget of the United States submitted system includes such parameters as the zations in the Chesapeake Bay region to im- by the President to Congress will be used to Chesapeake Bay Program Director deter- plement— protect and restore the Chesapeake Bay dur- mines to be necessary to assess progress to- ‘‘(I) cooperative watershed strategies that ing the upcoming fiscal year; and ward achieving the goals of the Chesapeake address the water quality, habitat, and liv- ‘‘(B) an annual progress report that— Clean Water and Ecosystem Restoration Act ing resource needs in the Chesapeake Bay ‘‘(i) assesses the key ecological attributes of 2009; and ecosystem; that reflect the health of the Chesapeake ‘‘(II) locally based protection and restora- ‘‘(III) the estimated cost of the monitoring Bay ecosystem; proposed to be conducted during the fiscal tion programs or projects within a watershed ‘‘(ii) reviews indicators of environmental that complement the State watershed imple- year. conditions in the Chesapeake Bay; mentation plans, including the creation, res- ‘‘(iii) CONCURRENCES.—The Administrator ‘‘(iii) distinguishes between the health of toration, or enhancement of habitat associ- shall— the Chesapeake Bay ecosystem and the re- ated with the Chesapeake Bay ecosystem; ‘‘(I) obtain the concurrence of the Director sults of management measures; and of the United States Geological Survey re- ‘‘(iv) assesses implementation of the action ‘‘(III) innovative nitrogen, phosphorus, or garding the design and implementation of plan during the preceding fiscal year; sediment reduction efforts; and the freshwater monitoring systems estab- ‘‘(v) recommends steps to improve progress ‘‘(ii) give preference to cooperative lished under this subsection; and in restoring and protecting the Chesapeake projects that involve local governments. ‘‘(II) obtain the concurrence of the Direc- Bay; and ‘‘(i) TOTAL MAXIMUM DAILY LOAD.— tor of the Chesapeake Bay Office of the Na- ‘‘(vi) describes how Federal funding and ac- ‘‘(1) TMDL.— tional Oceanic and Atmospheric Administra- tions will be coordinated with the actions of ‘‘(A) ESTABLISHMENT.—Not later than De- tion regarding the design and implementa- States, basin commissions, and others; cember 31, 2010, the Administrator shall es- tion of the estuarine monitoring systems es- ‘‘(2) create and maintain, with the concur- tablish a Chesapeake Bay-wide TMDL. tablished under this subsection. rence of the Secretary of Agriculture, a ‘‘(B) REQUIREMENTS.—The Administrator ‘‘(iv) CONSULTATION.—The Administrator Chesapeake Bay-wide database containing shall not establish or approve a TMDL de- shall— comprehensive data on implementation of scribed in subparagraph (A) unless the TMDL ‘‘(I) consult with the Interstate Commis- conservation management practices in the includes— sion on the Potomac River Basin, the Sus- Chesapeake Bay watershed that — ‘‘(i) wasteload allocations for nitrogen, quehanna River Basin Commission, and the ‘‘(A) includes baseline conservation man- phosphorus, and sediment necessary to im- Chesapeake Bay States regarding the design agement practice implementation data as of plement the applicable water quality stand- and implementation of the freshwater moni- the effective date of the Chesapeake Clean ards in the Chesapeake Bay watershed and toring systems established under this sub- Water and Ecosystem Restoration Act of achieve those standards in the Chesapeake section, giving particular attention to the 2009; Bay and the tidal tributaries of the Chesa- measurement of the water quality effective- ‘‘(B) includes data on subsequent conserva- peake Bay; ness of agricultural conservation program tion management practice implementation ‘‘(ii) enforceable or otherwise binding load implementation (including geospatial agri- projects funded by or reported to the Agency allocations for all nonpoint sources, includ- cultural conservation program data), includ- or the Department; ing atmospheric deposition, agricultural ing the Chesapeake Bay Watershed Initiative ‘‘(C) presents the required data in statis- runoff, and stormwater sources for which a under section 1240Q of the Food Security Act tical or aggregate form without identifying permit under section 402 is not required; of 1985 (16 U.S.C. 3839bb–4); any— ‘‘(iii) a margin of safety so as to ensure ‘‘(II) consult with Old Dominion Univer- ‘‘(i) individual owner, operator, or pro- that the TMDL does not exceed any applica- sity, the Virginia Institute of Marine ducer; or ble water quality standard; and Science, the University of Maryland Center ‘‘(ii) specific data gathering site; and ‘‘(iv) a requirement for no net increase of for Environmental Science, and the Chesa- ‘‘(D) is made available to the public not nitrogen, phosphorus, and sediment loads peake Bay States regarding the estuarine later than December 31, 2010. above the pollution limitations necessary to monitoring systems established under this ‘‘(h) CHESAPEAKE BAY PROGRAM.— meet water quality standards for the Chesa- subsection; ‘‘(1) MANAGEMENT STRATEGIES.—The Ad- peake Bay, including no net projected in- ‘‘(III) consult with the Chesapeake Bay ministrator, in coordination with other creased pollutant loads from— Program Scientific and Technical Advisory members of the Chesapeake Executive Coun- ‘‘(I) new or increased impervious surfaces; Committee regarding independent review of cil, shall ensure that management plans are ‘‘(II) concentrated animal feeding oper- monitoring designs giving particular atten- developed and implemented by Chesapeake ations; tion to integrated freshwater and estuarine Bay States to achieve and maintain— ‘‘(III) transportation systems; and monitoring strategies; and ‘‘(A) the nutrient goals of the Chesapeake ‘‘(IV) septic systems. ‘‘(IV) consult with Federal departments Bay Agreement for the quantity of nitrogen ‘‘(2) PERMITS.— and agencies regarding cooperation in imple- and phosphorus entering the Chesapeake Bay ‘‘(A) IN GENERAL.—Effective beginning on menting monitoring programs. and the watershed of the Chesapeake Bay; January 1, 2011, a new or reissued permit ‘‘(f) FEDERAL FACILITIES COORDINATION.— ‘‘(B) the water quality requirements nec- issued by the Administrator under section ‘‘(1) SUBWATERSHED PLANNING AND RES- essary to restore living resources in the 402(a) or a State authorized to administer a TORATION.—A Federal agency that owns or Chesapeake Bay ecosystem; permit program under section 402(b) shall in- operates a facility (as defined by the Admin- ‘‘(C) the Chesapeake Bay Basinwide Toxins clude limits consistent with all applicable istrator) within the Chesapeake Bay water- Reduction and Prevention Strategy goal of wasteload allocations in the Chesapeake Bay shed shall participate in regional and sub- reducing or eliminating the input of chem- TMDL.

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‘‘(B) PERMITS.— reductions in nitrogen, phosphorus, and sedi- tailing the projected pollution reductions to ‘‘(i) IN GENERAL.—Effective beginning on ment loads associated with each 2-year pe- be achieved if the Chesapeake Bay State January 1, 2011, each Chesapeake Bay State riod; fully implements the subsequent round of shall submit to the Administrator copies of ‘‘(VI) include the stipulation of alternate management measures; any permit for discharges of nitrogen, phos- actions as contingencies; ‘‘(vi) identifies compliance information, in- phorus, or sediment into the Chesapeake Bay ‘‘(VII) account for how the Chesapeake Bay cluding violations, actions taken by the watershed that is allowed to continue be- State will address additional loadings from Chesapeake Bay State to address the viola- yond 5 years pursuant to a State law analo- growth through offsets or other actions; and tions, and dates, if any, on which compliance gous to section 558(c) of title 5, United States ‘‘(VIII) provide assurances that— was achieved; and Code, not later than 60 days after the expira- ‘‘(aa) if compared to an estimated 2008 ‘‘(vii) specifies any revisions to the water- tion date of the permit. baseline based on modeled loads, the initial shed implementation plan submitted under ‘‘(ii) REVIEW.—The Administrator shall plan shall be designed to achieve, not later this paragraph that the Chesapeake Bay have the opportunity to review and object to than May 31, 2017, at least 60 percent of the State determines are necessary to attain the the continuance of the permit in accordance nutrient and sediment limitations described applicable pollutant limitations for nitro- with the process described in section 402(d) in clause (iii)(I); gen, phosphorus, and sediments. for permits proposed to be issued by a State. ‘‘(bb) the management measures required ‘‘(2) ISSUANCE OF PERMITS.— ‘‘(j) ACTIONS BY STATES.— to achieve a 50-percent reduction of nutrient ‘‘(1) WATERSHED IMPLEMENTATION PLANS.— and sediment limitations shall be in effect ‘‘(A) IN GENERAL.—Notwithstanding any ‘‘(A) PLANS.— upon submission of the plan; other provision of this Act (including any ex- ‘‘(i) IN GENERAL.—Not later than May 12, ‘‘(cc) the Chesapeake Bay State will have clusion or exception contained in a defini- 2011, each Chesapeake Bay State shall, after adequate personnel, funding, and authority tion under section 502), for the purpose of providing for reasonable notice and 1 or more under State (and, as appropriate, local) law achieving the nitrogen, phosphorus, and sedi- public hearings, adopt and submit to the Ad- to carry out the implementation plan, and is ment reductions required under a watershed ministrator for approval a watershed imple- not prohibited by any provision of Federal or implementation plan, a Chesapeake Bay mentation plan for the portion of each of the State law from carrying out the implementa- State may issue a permit in accordance with 92 tidal water segments that is subject to the tion plan; and section 402 for any pollution source the jurisdiction of the Chesapeake Bay State ‘‘(dd) in a case in which a Chesapeake Bay Chesapeake Bay State determines to be nec- that together comprise the Chesapeake Bay. State has relied on a local government for essary. ‘‘(ii) TARGETS.—The watershed implemen- the implementation of any plan provision, ‘‘(B) ENFORCEMENT.—The Administrator tation plan shall establish reduction targets, the Chesapeake Bay State has the responsi- shall enforce any permits issued in accord- key actions, and schedules for reducing, to bility for ensuring adequate implementation ance with the watershed implementation levels that will attain water quality stand- of the provision. plan in the same manner as other permits ards, the loads, of nitrogen, phosphorus, and ‘‘(B) IMPLEMENTATION.— issued under section 402 are enforced. sediment, including pollution from— ‘‘(i) IN GENERAL.—In implementing a wa- ‘‘(3) STORMWATER PERMITS.— ‘‘(I) agricultural runoff; tershed implementation plan, each Chesa- ‘‘(A) IN GENERAL.—Effective beginning Jan- ‘‘(II) point sources, including point source peake Bay State shall follow a strategy de- uary 1, 2013, the Chesapeake Bay State shall stormwater discharges; veloped by the Administrator for the imple- provide assurances to the Administrator ‘‘(III) nonpoint source stormwater runoff; mentation of adaptive management prin- that— and ciples to ensure full implementation of all ‘‘(i) the owner or operator of any develop- ‘‘(IV) septic systems and other onsite sew- plan elements by not later than May 12, 2025, ment or redevelopment project possessing an age disposal systems. including — impervious footprint that exceeds a thresh- ‘‘(iii) POLLUTION LIMITATIONS.— ‘‘(I) biennial evaluations of State actions; old to be determined by the Administrator ‘‘(I) IN GENERAL.—The tributary pollution ‘‘(II) progress made toward implementa- through rulemaking, will use site planning, limitations shall be the nitrogen, phos- tion; design, construction, and maintenance strat- phorous, and sediment cap loads identified in ‘‘(III) determinations of necessary modi- egies for the property to maintain or restore, the tributary cap load agreement numbered fications to future actions in order to to the maximum extent technically feasible, EPA 903–R–03–007, date December 2003, and achieve objectives; and the predevelopment hydrology of the prop- entitled ‘Setting and Allocating the Chesa- ‘‘(IV) appropriate provisions to adapt to erty with regard to the temperature, rate, peake Bay Basin Nutrient and Sediment climate changes. volume, and duration of flow; and Loads: The Collaborative Process, Technical ‘‘(ii) DEADLINE.—Not later than May 12, ‘‘(ii) as a further condition of permitting Tools and Innovative Approaches,’ or a 2025, each Chesapeake Bay State shall— such a development or redevelopment, the Chesapeake Bay TMDL established by the ‘‘(I) fully implement the watershed imple- owner or operator of any development or re- Administrator. mentation plan of the State; and development project possessing an imper- ‘‘(II) STRINGENCY.—A watershed implemen- ‘‘(II) have in place all the mechanisms out- vious footprint that exceeds a threshold to tation plan shall be designed to attain, at a lined in the plan that are necessary to attain be determined by the Administrator through minimum, the pollution limitations de- the applicable pollutant limitations for ni- rulemaking will compensate for any un- scribed in subclause (I). trogen, phosphorus, and sediments. avoidable impacts to the predevelopment hy- ‘‘(iv) PLAN REQUIREMENTS.—Each water- ‘‘(C) PROGRESS REPORTS.—Not later than shed implementation plan shall— May 12, 2014, and biennially thereafter, each drology of the property with regard to the ‘‘(I) include State-adopted management Chesapeake Bay State shall submit to the temperature, rate, volume, and duration of measures, including rules or regulations, Administrator a progress report that, with flow, such that— permits, consent decrees, and other enforce- respect to the 2-year period covered by the ‘‘(I) the compensation within the jurisdic- able or otherwise binding measures, to re- report— tional boundaries of the local government quire and achieve reductions from pollution ‘‘(i) includes a listing of all management shall provide in-kind mitigation of function sources; measures that were to be implemented in ac- at a ratio to be determined by the Adminis- ‘‘(II) include programs to achieve vol- cordance with the approved watershed imple- trator through rulemaking; and untary reductions from pollution sources, in- mentation plan of the Chesapeake Bay State, ‘‘(II) the compensation outside the juris- cluding funding commitments necessary to including a description of the extent to dictional boundaries of the local government implement those programs; which those measures have been fully imple- shall provide in-kind mitigation, at a ratio ‘‘(III) include any additional requirements mented; to be determined by the Administrator or actions that the Chesapeake Bay State de- ‘‘(ii) includes a listing of all the manage- through rulemaking , within the tributary termines to be necessary to attain the pollu- ment measures described in clause (i) that watershed in which the project is located. tion limitations by the deadline established the Chesapeake Bay State has failed to fully ‘‘(B) ADMINISTRATION.—Not later than De- in this paragraph; implement in accordance with the approved cember 31, 2012, the Administrator shall pro- ‘‘(IV) provide for enforcement mechanisms, watershed implementation plan of the mulgate regulations that— including a penalty structure for failures, Chesapeake Bay State; ‘‘(i) define the term ‘predevelopment hy- such as fees or forfeiture of State funds, in- ‘‘(iii) includes monitored and collected drology’ in subparagraph (A); cluding Federal funds distributed or other- water quality data; ‘‘(ii) establish the thresholds under sub- wise awarded by the State to the extent the ‘‘(iv) includes Chesapeake Bay Program paragraph (A); and State is authorized to exercise independent computer modeling data that detail the ni- ‘‘(iii) establish the compensation ratios discretion in amounts of such distributions trogen, phosphorus, and sediment load reduc- under subparagraph (A)(ii). or awards, for use in case a permittee, local tions projected to be achieved as a result of ‘‘(4) PHOSPHATE BAN.— jurisdictions, or any other party fails to ad- the implementation of the management ‘‘(A) PHOSPHORUS IN CLEANING AGENTS.— here to assigned pollutant limitations, im- measures and mechanisms carried out by the Each Chesapeake Bay State shall provide to plementation schedules, or permit terms; Chesapeake Bay State; the Administrator, not later than 3 years ‘‘(V) include a schedule for implementation ‘‘(v) includes, for the subsequent 2-year pe- after the date of enactment of the Chesa- divided into 2-year periods, along with com- riod, implementation goals and Chesapeake peake Clean Water and Ecosystem Restora- puter modeling to demonstrate the projected Bay Program computer modeling data de- tion Act of 2009, assurances that within the

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jurisdiction, except as provided in subpara- not be treated as meeting the requirements ‘‘(6) NITROGEN AND PHOSPHORUS TRADING graph (B), a person may not use, sell, manu- of this section until the Administrator ap- PROGRAM.— facture, or distribute for use or sale any proves the entire new or revised plan. ‘‘(A) ESTABLISHMENT.—Not later than May cleaning agent that contains more than 0.0 ‘‘(E) CORRECTIONS.—In any case in which 12, 2012, the Administrator, in cooperation percent phosphorus by weight, expressed as the Administrator determines that the ac- with each Chesapeake Bay State, shall estab- elemental phosphorus, except for a quantity tion of the Administrator approving, dis- lish an interstate nitrogen and phosphorus not exceeding 0.5 percent phosphorus that is approving, conditionally approving, or pro- trading program for the Chesapeake Bay for incidental to the manufacture of the clean- mulgating any new or revised watershed im- the generation, trading, and use of nitrogen ing agent. plementation plan was in error, the Adminis- and phosphorus credits to facilitate the at- ‘‘(B) PROHIBITED QUANTITIES OF PHOS- trator— tainment and maintenance of the Chesa- PHORUS.—Each Chesapeake Bay State shall ‘‘(i) may, in the same manner as the ap- peake Bay-wide TMDL for nitrogen and provide to the Administrator, not later than proval, disapproval, conditional approval, or phosphorus. 3 years after the date of enactment of the promulgation, revise the action of the Ad- ‘‘(B) TRADING SYSTEM.—The trading pro- Chesapeake Clean Water and Ecosystem Res- ministrator, as appropriate, without requir- gram established under this subsection shall, toration Act of 2009, assurances that, within ing any further submission from the Chesa- at a minimum— the jurisdiction, a person may use, sell, man- peake Bay State; and ‘‘(i) define and standardize nitrogen and ufacture, or distribute for use or sale a ‘‘(ii) shall make the determination of the phosphorus credits and establish procedures cleaning agent that contains greater than 0.0 Administrator, and the basis for that deter- or standards for ensuring equivalent water percent phosphorus by weight, but does not quality benefits for all credits; mination, available to the public. exceed 8.7 percent phosphorus by weight, if ‘‘(ii) establish procedures or standards for ‘‘(F) EFFECTIVE DATE.—The provisions of a the cleaning agent is a substance that the certifying and verifying nitrogen and phos- State watershed implementation plan shall Administrator, by regulation, excludes from phorus credits to ensure that credit-gener- take effect upon the date of approval of the the limitation under subparagraph (A), based ating practices from both point sources and plan. on a finding that compliance with that sub- nonpoint sources are achieving actual reduc- ‘‘(4) CALLS FOR PLAN REVISION.—In any case paragraph would— tions in nitrogen and phosphorus; in which the Administrator determines that ‘‘(i) create a significant hardship on the ‘‘(iii) establish procedures or standards for users of the cleaning agent; or watershed implementation plan for any area generating, quantifying, trading, and apply- ‘‘(ii) be unreasonable because of the lack of is inadequate to attain or maintain applica- ing credits to meet regulatory requirements an adequate substitute cleaning agent. ble pollution limitations, the Adminis- and allow for trading to occur between and ‘‘(k) ACTION BY ADMINISTRATOR.— trator— across point source or nonpoint sources; ‘‘(1) IN GENERAL.—Not later than 60 days ‘‘(A) shall notify the Chesapeake Bay State ‘‘(iv) establish baseline requirements that after the date of enactment of the Chesa- of, and require the Chesapeake Bay State to a credit seller must meet before becoming el- peake Clean Water and Ecosystem Restora- revise the plan to correct, the inadequacies; igible to generate saleable credits; tion Act of 2009, the Administrator shall es- ‘‘(B) may establish reasonable deadlines ‘‘(v) establish points-of-regulation at the tablish minimum criteria that any proposed (not to exceed 180 days after the date on sub-State level to facilitate trading and pro- watershed implementation plan must meet which the Administrator provides the notifi- mote water quality goals under which— before the Administrator may approve such cation) for the submission of a revised water- ‘‘(I) States may designate point sources as a plan. shed implementation plan; points-of-regulation; ‘‘(2) COMPLETENESS FINDING.— ‘‘(C) make the findings of the Adminis- ‘‘(II) States may aggregate multiple ‘‘(A) IN GENERAL.—Not later than 60 days trator under paragraph (3) and notice pro- sources to serve as points-of-regulation; and after the date on which the Administrator vided under subparagraph (A) public; and ‘‘(III) the Administrator shall establish receives a new or revised proposed watershed ‘‘(D) require the Chesapeake Bay State to guidelines or standards to ensure that implementation plan from a Chesapeake Bay comply with the requirements applicable points-of-regulation shall be generally con- State, the Administrator shall determine under the initial watershed implementation sistent across States; whether the minimum criteria for the plan plan, except that the Administrator may ad- ‘‘(vi) ensure that credits are used in ac- established under paragraph (1) have been just any dates (other than attainment dates) cordance with permit requirements under met. applicable under those requirements, as ap- the national pollutant discharge elimination ‘‘(B) EFFECT OF FINDING OF INCOMPLETE- propriate. system established under section 402 and NESS.—If the Administrator determines ‘‘(5) FEDERAL IMPLEMENTATION.—If a Chesa- trade requirements have been adequately in- under subparagraph (A) that all or any por- peake Bay State fails to submit a watershed corporated into the permits; tion of a submitted watershed implementa- implementation plan, to submit a biennial ‘‘(vii) ensure that private contracts be- tion plan does not meet the minimum cri- report, or to correct a previously missed 2- tween credit buyers and credit sellers con- teria established under paragraph (1), the year commitment made in a watershed im- tain adequate provisions to ensure enforce- Chesapeake Bay State submitting the plan plementation plan, the Administrator shall, ability under applicable law; shall be treated as not having made the sub- after issuing a notice to the State and pro- ‘‘(viii) establish procedures or standards mission. viding a 90-day period in which the failure for providing public transparency on nutri- ‘‘(3) APPROVAL AND DISAPPROVAL.— may be corrected— ent trading activity; ‘‘(A) DEADLINE.—Not later than 90 days ‘‘(A) withhold all funds otherwise available ‘‘(ix) ensure that, if the local receiving after determining that a watershed imple- to the Chesapeake Bay State under this Act; water is impaired for the nutrient being mentation plan meets minimum criteria in ‘‘(B) develop and administer a watershed traded but a TMDL has not yet been imple- accordance with paragraph (2)(A), the Ad- implementation plan for that Chesapeake mented for the impairment— ministrator shall approve or disapprove the Bay State until such time as the Chesapeake ‘‘(I) trades are required to result in plan. Bay State has remedied the plan, reports, or progress toward or the attainment of water ‘‘(B) FULL AND PARTIAL APPROVAL AND DIS- achievements to the satisfaction of the Ad- quality standards in the local receiving APPROVAL.—In carrying out this paragraph, ministrator; water; and the Administrator— ‘‘(C) require that all permits issued under ‘‘(II) sources in the watershed may not rely ‘‘(i) shall approve a watershed implementa- section 402 for new or expanding discharges on credits produced outside of the watershed; tion plan if the plan meets all applicable re- of nitrogen, phosphorus, or sediments ac- ‘‘(x) require that the application of credits quirements under this section; and quire offsets that exceed by 100 percent an to meet regulatory requirements under this ‘‘(ii) may approve the plan in part and dis- amount that would otherwise be required, section not cause or contribute to approve the plan in part if only a portion of taking into account attenuation, equiva- exceedances of water quality standards, total the plan meets those requirements. lency, and uncertainty; and maximum daily loads, or wasteload or load ‘‘(C) CONDITIONAL APPROVAL.—The Admin- ‘‘(D) for the purposes of developing and im- allocations for affected receiving waters, in- istrator— plementing a watershed implementation cluding avoidance of localized impacts; ‘‘(i) may conditionally approve a revised plan under subparagraph (B)— ‘‘(xi) except as part of a consent agree- watershed implementation plan based on a ‘‘(i) notwithstanding any other provision of ment, prohibit the purchase of credits from commitment of the Chesapeake Bay State this Act (including any exclusion or excep- any entity that is in significant noncompli- submitting the plan to adopt specific en- tion contained in a definition under section ance with an enforceable permit issued under forceable management measures by not later 502), promulgate such regulations or issue section 402; than 1 year after the date of approval of the such permits as the Administrator deter- ‘‘(xii) consider and incorporate, to the plan revision; but mines to be necessary to control pollution maximum extent practicable, elements of ‘‘(ii) shall treat a conditional approval as a sufficient to meet the water quality goals de- State trading programs in existence as of the disapproval under this paragraph if the fined in the watershed implementation plan; date of enactment of the Chesapeake Clean Chesapeake Bay State fails to comply with and Water and Ecosystem Restoration Act of the commitment of the Chesapeake Bay ‘‘(ii) enforce any permits issued in accord- 2009; and State. ance with the watershed implementation ‘‘(xiii) allow for, as appropriate, the aggre- ‘‘(D) FULL APPROVAL REQUIRED.—A new or plan in the same manner as other permits gation and banking of credits by third par- revised watershed implementation plan shall issued under section 402 are enforced. ties.

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‘‘(C) FACILITATION OF TRADING.—In order to Water and Ecosystem Restoration Act of ‘‘(B) the role of the population as filter attract market participants and facilitate 2009, the Administrator shall promulgate feeders, including the role of the population the cost-effective achievement of water-qual- regulations— with respect to impacting water clarity, dis- ity goals, the Administrator shall ensure ‘‘(1) to designate the Asian oyster as a ‘bio- solved oxygen levels, and other ecosystem that the trading program established under logical pollutant’ in the Chesapeake Bay and functions; this paragraph— tidal waters pursuant to section 502; ‘‘(C) the role of the population as prey spe- ‘‘(i) includes measures to mitigate credit ‘‘(2) to prohibit the issuance of permits cies for predatory fish in the Chesapeake Bay buyer risk; under sections 402 and 404 for the discharge and in coastal ecosystems; ‘‘(ii) makes use of the best available of the Asian oyster into the Chesapeake Bay ‘‘(D) the impact on the Atlantic coastal science in order to minimize uncertainty and and tidal waters; and and Chesapeake Bay ecosystems of fishing related transaction costs to traders, includ- ‘‘(3) to specify conditions under which sci- for menhaden; ing the Administrator, in consultation with entific research on Asian oysters may be ‘‘(E) the impact on attainment of the the Secretary of Agriculture, supporting re- conducted within the Chesapeake Bay and water quality goals of this Act of commer- search and other activities that increase the tidal waters. cial fishing for menhaden; and scientific understanding of nonpoint nutri- ‘‘(m) CHESAPEAKE NUTRIA ERADICATION ‘‘(F) the recommendations of the Adminis- ent pollutant loading and the ability of var- PROGRAM.— trator, if any, for future sustainable manage- ious structural and nonstructural alter- ‘‘(1) GRANT AUTHORITY.—Subject to the ment of such fishing and additional research natives to reduce the loads; availability of appropriations, the Secretary needed to fully address the progress, roles, ‘‘(iii) eliminates unnecessary or duplica- of the Interior (referred to in this subsection and impacts described in this paragraph. as the ‘Secretary’), may provide financial as- tive administrative processes; and ‘‘(o) EFFECT ON OTHER REQUIREMENTS.— sistance to the States of Delaware, Mary- ‘‘(iv) incorporates a permitting approach ‘‘(1) IN GENERAL.—Nothing in this section land, and Virginia to carry out a program to under the national pollutant discharge removes or otherwise affects any other obli- implement measures— elimination system established under sec- gation for a point source to comply with ‘‘(A) to eradicate or control nutria; and tion 402 that allows trading to occur without other applicable requirements under this ‘‘(B) to restore marshland damaged by nu- requiring the reopening or reissuance of per- Act. mits to incorporate individual trades. tria. ‘‘(2) VIOLATIONS BY STATES.—The failure of ‘‘(2) GOALS.—The continuing goals of the ‘‘(7) AUTHORITY RELATING TO DEVELOP- a State to submit a watershed implementa- program shall be— MENT.—The Administrator shall— tion plan or biennial report, or to correct a ‘‘(A) establish, for projects resulting in im- ‘‘(A) to eradicate nutria in the Chesapeake previously missed 2-year commitment made pervious development, guidance relating to Bay ecosystem; and in a watershed implementation plan, by the site planning, design, construction, and ‘‘(B) to restore marshland damaged by nu- applicable deadline established under this maintenance strategies to ensure that the tria. section shall— land maintains predevelopment hydrology ‘‘(3) ACTIVITIES.—In the States of Dela- ‘‘(A) constitute a violation of this Act; and with regard to the temperature, rate, vol- ware, Maryland, and Virginia, the Secretary ‘‘(B) subject the State to— ume, and duration of flow; shall require that the program under this ‘‘(i) enforcement action by the Adminis- ‘‘(B) establish model ordinances and guide- subsection consist of management, research, trator; and lines with respect to the construction of low- and public education activities carried out in ‘‘(ii) civil actions commenced pursuant to impact development infrastructure and non- accordance with the document published by structural low-impact development tech- the United States Fish and Wildlife Service section 505. niques for use by States, local governments, entitled ‘Eradication Strategies for Nutria in ‘‘(3) FAILURE OF ADMINISTRATOR TO ACT.— and private entities; and the Chesapeake and Delaware Bay Water- The failure of the Administrator to act ‘‘(C) not later than 180 days after promul- sheds’, dated March 2002, or any updates to under this section shall subject the Adminis- gation of the regulations under subsection the document. trator to civil actions commenced pursuant (j)(3)(B), issue such guidance, model ordi- ‘‘(n) STUDY ON THE IMPACTS OF THE COM- to section 505. nances, and guidelines as are necessary to MERCIAL HARVESTING OF MENHADEN ON THE ‘‘(p) EVALUATION BY THE INSPECTOR GEN- carry out this paragraph. WATER QUALITY OF THE CHESAPEAKE BAY.— ERAL.—The Inspector General of the Envi- ‘‘(8) ASSISTANCE WITH RESPECT TO ‘‘(1) DEFINITIONS.—In this subsection: ronmental Protection Agency shall evaluate STORMWATER DISCHARGES.— ‘‘(A) FISHERIES COMMISSION.—The term the implementation of this section on a peri- ‘‘(A) GRANT PROGRAM.—The Administrator ‘Fisheries Commission’ means the Atlantic odic basis of not less than once every 3 years. may provide grants to any local government States Marine Fisheries Commission estab- ‘‘(q) AUTHORIZATION OF APPROPRIATIONS.— within the Chesapeake Bay watershed that lished under the interstate compact con- ‘‘(1) IMPLEMENTATION AND MONITORING adopts the guidance, ordinances, and guide- sented to and approved by pursuant to the GRANTS.— lines issued under paragraph (7). Act of May 4, 1942 (56 Stat. 267, chapter 283) ‘‘(A) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(B) USE OF FUNDS.—A grant provided and the Act of May 19, 1949 (63 Stat. 70, chap- In addition to amounts authorized to be ap- under subparagraph (A) may be used by a ter 238). propriated or otherwise made available to local government to pay costs associated ‘‘(B) FISHING.—Except as otherwise pro- carry out this section, there are authorized with— vided, the term ‘fishing’— to be appropriated to the Administrator— ‘‘(i) developing, implementing, and enforc- ‘‘(i) means— ‘‘(i) to provide implementation grants ing the guidance, ordinances, and guidelines ‘‘(I) the commercial catching, taking, or under subsection (e)(3)(A), $80,000,000 for each issued under paragraph (7); and harvesting of menhaden, except when inci- of fiscal years 2010 through 2015, to remain ‘‘(ii) implementing projects designed to re- dental to harvesting that occurs in the available until expended; duce stormwater discharges. course of commercial or recreational fish- ‘‘(ii) to carry out a freshwater monitoring ‘‘(9) CONSUMER AND COMMERCIAL PRODUCT catching activities directed at a species program under subsection (e)(3)(B), $5,000,000 REPORT.—Not later than 3 years after the other than menhaden; for each of fiscal years 2010 through 2015; and date of enactment of the Chesapeake Clean ‘‘(II) the attempted commercial catching, ‘‘(iii) to carry out a Chesapeake Bay and Water and Ecosystem Restoration Act of taking, or harvesting of menhaden; or tidal water monitoring program under sub- 2009, the Administrator, in consultation with ‘‘(III) any operation at sea in support of, or section (e)(3)(B), $5,000,000 for each of fiscal the Chesapeake Executive Council, shall— in preparation for, any activity described in years 2010 through 2015. ‘‘(A) review consumer and commercial subclause (I) or (II); and ‘‘(B) COST SHARING.—The Federal share of products, the use of which may affect the ‘‘(ii) does not include any scientific re- the cost of a program carried out using funds water quality of the Chesapeake Bay water- search authorized by the Federal Govern- from a grant provided— shed or associated tributaries, to determine ment or by any State Government. ‘‘(i) under subparagraph (A)(i) shall not ex- whether further product nutrient content re- ‘‘(2) STUDY.—Not later than 5 years after ceed 50 percent; and strictions are necessary to restore or main- the date of enactment of the Chesapeake ‘‘(ii) under clause (ii) or (iii) of subpara- tain water quality in the Chesapeake Bay Clean Water and Ecosystem Restoration Act graph (A) shall not exceed 80 percent. watershed and those tributaries; and of 2009, building on the research underway or ‘‘(2) CHESAPEAKE STEWARDSHIP GRANTS.— ‘‘(B) submit to the Committees on Appro- conducted under the oversight of the Na- There is authorized to be appropriated to priations, Environment and Public Works, tional Oceanic and Atmospheric Administra- carry out subsection (h)(2) $15,000,000 for and Commerce, Science, and Transportation tion, the Administrator, in cooperation and each of fiscal years 2010 through 2014. of the Senate and the Committees on Appro- consultation with the Administrator of the ‘‘(3) STORM WATER POLLUTION PLANNING AND priations, Natural Resources, Energy and National Oceanic and Atmospheric Adminis- IMPLEMENTATION GRANTS.— Commerce, and Transportation and Infra- tration and the Fisheries Commission, shall ‘‘(A) AUTHORIZATION OF APPROPRIATIONS.— structure of the House of Representatives a conduct and submit to Congress a study for In addition to amounts authorized or other- product nutrient report detailing the find- the purposes of determining— wise made available to carry out this sec- ings of the review under subparagraph (A). ‘‘(A) progress toward understanding the tion, there are authorized to be appropriated ‘‘(l) PROHIBITION ON INTRODUCTION OF ASIAN structure of the menhaden population of the to the Administrator— OYSTERS.—Not later than 2 years after the Atlantic Coast of the United States and of ‘‘(i) to carry out subsection (k)(8)(B)(i), date of enactment of the Chesapeake Clean the Chesapeake Bay; $10,000,000; and

VerDate Nov 24 2008 01:12 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A20OC6.019 S20OCPT1 smartinez on DSKB9S0YB1PROD with SENATE October 20, 2009 CONGRESSIONAL RECORD — SENATE S10581 ‘‘(ii) to carry out subsection (k)(8)(B)(ii), tem that provides for the resolution of hospital systems, nursing homes, or other $1,500,000,000. health care lawsuits in a manner other than entities licensed to provide such services). ‘‘(B) COST-SHARING.—A grant provided for a through a civil action brought in a State or (9) HEALTH CARE LAWSUIT.—The term project under— Federal court. ‘‘health care lawsuit’’ means any health care ‘‘(i) subsection (k)(8)(B)(i) may not be used (2) CLAIMANT.—The term ‘‘claimant’’ liability claim concerning the provision of to cover more than 80 percent of the cost of means any person who brings a health care health care goods or services affecting inter- the project; and lawsuit, including a person who asserts or state commerce, or any health care liability ‘‘(ii) subsection (k)(8)(B)(ii) may not be claims a right to legal or equitable contribu- action concerning the provision of (or the used to cover more than 75 percent of the tion, indemnity or subrogation, arising out failure to provide) health care goods or serv- cost of the project. of a health care liability claim or action, and ices affecting interstate commerce, brought ‘‘(4) NUTRIA ERADICATION GRANTS.— any person on whose behalf such a claim is in a State or Federal court or pursuant to an ‘‘(A) IN GENERAL.—There is authorized to asserted or such an action is brought, wheth- alternative dispute resolution system, be appropriated to the Secretary of the Inte- er deceased, incompetent, or a minor. against a health care provider or a health rior to provide financial assistance in the (3) COLLATERAL SOURCE BENEFITS.—The care institution regardless of the theory of Chesapeake Bay watershed under subsection term ‘‘collateral source benefits’’ means any liability on which the claim is based, or the (m) $4,000,000 for each of fiscal years 2010 amount paid or reasonably likely to be paid number of claimants, plaintiffs, defendants, through 2015. in the future to or on behalf of the claimant, or other parties, or the number of claims or ‘‘(B) COST-SHARING.— or any service, product or other benefit pro- causes of action, in which the claimant al- vided or reasonably likely to be provided in ‘‘(i) FEDERAL SHARE.—The Federal share of leges a health care liability claim. the future to or on behalf of the claimant, as the cost of carrying out the program under (10) HEALTH CARE LIABILITY ACTION.—The a result of the injury or wrongful death, pur- subsection (m) may not exceed 75 percent of term ‘‘health care liability action’’ means a suant to— the total costs of the program. civil action brought in a State or Federal (A) any State or Federal health, sickness, ‘‘(ii) IN-KIND CONTRIBUTIONS.—The non-Fed- Court or pursuant to an alternative dispute income-disability, accident, or workers’ eral share of the cost of carrying out the pro- resolution system, against a health care pro- compensation law; gram under subsection (m) may be provided vider or a health care institution regardless (B) any health, sickness, income-disability, in the form of in-kind contributions of mate- of the theory of liability on which the claim rials or services. or accident insurance that provides health benefits or income-disability coverage; is based, or the number of plaintiffs, defend- ‘‘(5) LIMITATION ON ADMINISTRATIVE EX- ants, or other parties, or the number of PENSES.—Not more than 10 percent of the an- (C) any contract or agreement of any group, organization, partnership, or corpora- causes of action, in which the claimant al- nual amount of any grant provided by the leges a health care liability claim. Administrator or Secretary under any pro- tion to provide, pay for, or reimburse the cost of medical, hospital, dental, or income (11) HEALTH CARE LIABILITY CLAIM.—The gram described in paragraph (1), (2), (3), or (4) term ‘‘health care liability claim’’ means a may be used for administrative expenses. disability benefits; and (D) any other publicly or privately funded demand by any person, whether or not pursu- ‘‘(6) AVAILABILITY.—Amounts authorized to ant to ADR, against a health care provider be appropriated under this subsection shall program. OMPENSATORY DAMAGES.—The term or health care institution, including third- remain available until expended.’’. (4) C ‘‘compensatory damages’’ means objectively party claims, cross-claims, counter-claims, f verifiable monetary losses incurred as a re- or contribution claims, which are based upon sult of the provision of, use of, or payment the provision of, use of, or payment for (or AMENDMENTS SUBMITTED AND the failure to provide, use, or pay for) health PROPOSED for (or failure to provide, use, or pay for) health care services or medical products, care services, regardless of the theory of li- SA 2694. Mr. ENSIGN submitted an amend- such as past and future medical expenses, ability on which the claim is based, or the ment intended to be proposed by him to the loss of past and future earnings, cost of ob- number of plaintiffs, defendants, or other bill S. 1776, to amend title XVIII of the So- taining domestic services, loss of employ- parties, or the number of causes of action. cial Security Act to provide for the update ment, and loss of business or employment (12) HEALTH CARE PROVIDER.— under the Medicare physician fee schedule opportunities, damages for physical and (A) IN GENERAL.—The term ‘‘health care for years beginning with 2010 and to sunset emotional pain, suffering, inconvenience, provider’’ means any person (including but the application of the sustainable growth physical impairment, mental anguish, dis- not limited to a physician (as defined by sec- rate formula, and for other purposes; which figurement, loss of enjoyment of life, loss of tion 1861(r) of the Social Security Act (42 was ordered to lie on the table. society and companionship, loss of consor- U.S.C. 1395x(r)), registered nurse, dentist, po- SA 2695. Mr. SESSIONS submitted an tium (other than loss of domestic service), diatrist, pharmacist, chiropractor, or optom- amendment intended to be proposed by him hedonic damages, injury to reputation, and etrist) required by State or Federal law to be to the bill H.R. 3548, to amend the Supple- all other nonpecuniary losses of any kind or licensed, registered, or certified to provide mental Appropriations Act, 2008 to provide nature. Such term includes economic dam- health care services, and being either so li- for the temporary availability of certain ad- ages and noneconomic damages, as such censed, registered, or certified, or exempted ditional emergency unemployment com- terms are defined in this section. from such requirement by other statute or pensation, and for other purposes; which was (5) CONTINGENT FEE.—The term ‘‘contin- regulation. ordered to lie on the table. gent fee’’ includes all compensation to any (B) TREATMENT OF CERTAIN PROFESSIONAL person or persons which is payable only if a ASSOCIATIONS.—For purposes of this title, a f recovery is effected on behalf of one or more professional association that is organized TEXT OF AMENDMENTS claimants. under State law by an individual physician (6) ECONOMIC DAMAGES.—The term ‘‘eco- or group of physicians, a partnership or lim- SA 2694. Mr. ENSIGN submitted an nomic damages’’ means objectively ited liability partnership formed by a group amendment intended to be proposed by verifiable monetary losses incurred as a re- of physicians, a nonprofit health corporation him to the bill S. 1776, to amend title sult of the provision of, use of, or payment certified under State law, or a company XVIII of the Social Security Act to for (or failure to provide, use, or pay for) formed by a group of physicians under State provide for the update under the Medi- health care services or medical products, law shall be treated as a health care provider care physician fee schedule for years such as past and future medical expenses, under subparagraph (A). beginning with 2010 and to sunset the loss of past and future earnings, cost of ob- (13) MALICIOUS INTENT TO INJURE.—The application of the sustainable growth taining domestic services, loss of employ- term ‘‘malicious intent to injure’’ means in- ment, and loss of business or employment tentionally causing or attempting to cause rate formula, and for other purposes; opportunities. physical injury other than providing health which was ordered to lie on the table; (7) HEALTH CARE GOODS OR SERVICES.—The care goods or services. as follows: term ‘‘health care goods or services’’ means (14) NONECONOMIC DAMAGES.—The term At the appropriate place, insert the fol- any goods or services provided by a health ‘‘noneconomic damages’’ means damages for lowing: care institution, provider, or by any indi- physical and emotional pain, suffering, in- TITLE—MEDICAL CARE ACCESS vidual working under the supervision of a convenience, physical impairment, mental PROTECTION health care provider, that relates to the di- anguish, disfigurement, loss of enjoyment of agnosis, prevention, care, or treatment of life, loss of society and companionship, loss SEC. l1. SHORT TITLE. any human disease or impairment, or the as- of consortium (other than loss of domestic This title may be cited as the ‘‘Medical sessment of the health of human beings. service), hedonic damages, injury to reputa- Care Access Protection Act of 2009’’ or the (8) HEALTH CARE INSTITUTION.—The term tion, and all other nonpecuniary losses of ‘‘MCAP Act’’. ‘‘health care institution’’ means any entity any kind or nature. SEC. l2. DEFINITIONS. licensed under Federal or State law to pro- (15) PUNITIVE DAMAGES.—The term ‘‘puni- In this title: vide health care services (including but not tive damages’’ means damages awarded, for (1) ALTERNATIVE DISPUTE RESOLUTION SYS- limited to ambulatory surgical centers, as- the purpose of punishment or deterrence, and TEM; ADR.—The term ‘‘alternative dispute sisted living facilities, emergency medical not solely for compensatory purposes, resolution system’’ or ‘‘ADR’’ means a sys- services providers, hospices, hospitals and against a health care provider or health care

VerDate Nov 24 2008 01:12 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A20OC6.019 S20OCPT1 smartinez on DSKB9S0YB1PROD with SENATE S10582 CONGRESSIONAL RECORD — SENATE October 20, 2009 institution. Punitive damages are neither dered against a health care provider, the based upon the interests of justice and prin- economic nor noneconomic damages. amount of noneconomic damages recovered ciples of equity. (16) RECOVERY.—The term ‘‘recovery’’ from the provider, if otherwise available (B) LIMITATION.—The total of all contin- means the net sum recovered after deducting under applicable Federal or State law, may gent fees for representing all claimants in a any disbursements or costs incurred in con- be as much as $250,000, regardless of the num- health care lawsuit shall not exceed the fol- nection with prosecution or settlement of ber of parties other than a health care insti- lowing limits: the claim, including all costs paid or ad- tution against whom the action is brought or (i) 40 percent of the first $50,000 recovered vanced by any person. Costs of health care the number of separate claims or actions by the claimant(s). incurred by the plaintiff and the attorneys’ brought with respect to the same occurrence. (ii) 331⁄3 percent of the next $50,000 recov- office overhead costs or charges for legal (2) HEALTH CARE INSTITUTIONS.— ered by the claimant(s). services are not deductible disbursements or (A) SINGLE INSTITUTION.—In any health (iii) 25 percent of the next $500,000 recov- costs for such purpose. care lawsuit where final judgment is ren- ered by the claimant(s). (17) STATE.—The term ‘‘State’’ means each dered against a single health care institu- (iv) 15 percent of any amount by which the of the several States, the District of Colum- tion, the amount of noneconomic damages recovery by the claimant(s) is in excess of bia, the Commonwealth of Puerto Rico, the recovered from the institution, if otherwise $600,000. Virgin Islands, Guam, American Samoa, the available under applicable Federal or State (b) APPLICABILITY.— Northern Mariana Islands, the Trust Terri- law, may be as much as $250,000, regardless of (1) IN GENERAL.—The limitations in sub- tory of the Pacific Islands, and any other the number of parties against whom the ac- section (a) shall apply whether the recovery territory or possession of the United States, tion is brought or the number of separate is by judgment, settlement, mediation, arbi- or any political subdivision thereof. claims or actions brought with respect to the tration, or any other form of alternative dis- SEC. l3. ENCOURAGING SPEEDY RESOLUTION same occurrence. pute resolution. OF CLAIMS. (B) MULTIPLE INSTITUTIONS.—In any health (2) MINORS.—In a health care lawsuit in- (a) IN GENERAL.—Except as otherwise pro- care lawsuit where final judgment is ren- volving a minor or incompetent person, a vided for in this section, the time for the dered against more than one health care in- court retains the authority to authorize or commencement of a health care lawsuit stitution, the amount of noneconomic dam- approve a fee that is less than the maximum shall be 3 years after the date of manifesta- ages recovered from each institution, if oth- permitted under this section. tion of injury or 1 year after the claimant erwise available under applicable Federal or (c) EXPERT WITNESSES.— discovers, or through the use of reasonable State law, may be as much as $250,000, re- (1) REQUIREMENT.—No individual shall be diligence should have discovered, the injury, gardless of the number of parties against qualified to testify as an expert witness con- whichever occurs first. whom the action is brought or the number of cerning issues of negligence in any health (b) GENERAL EXCEPTION.—The time for the separate claims or actions brought with re- care lawsuit against a defendant unless such commencement of a health care lawsuit spect to the same occurrence, except that individual— shall not exceed 3 years after the date of the total amount recovered from all such in- (A) except as required under paragraph (2), manifestation of injury unless the tolling of stitutions in such lawsuit shall not exceed is a health care professional who— time was delayed as a result of— $500,000. (i) is appropriately credentialed or licensed (1) fraud; (c) NO DISCOUNT OF AWARD FOR NON- in 1 or more States to deliver health care (2) intentional concealment; or ECONOMIC DAMAGES.—In any health care law- services; and (3) the presence of a foreign body, which suit— (ii) typically treats the diagnosis or condi- has no therapeutic or diagnostic purpose or (1) an award for future noneconomic dam- tion or provides the type of treatment under effect, in the person of the injured person. ages shall not be discounted to present review; and (c) MINORS.—An action by a minor shall be value; (B) can demonstrate by competent evi- commenced within 3 years from the date of (2) the jury shall not be informed about the dence that, as a result of training, education, the alleged manifestation of injury except maximum award for noneconomic damages knowledge, and experience in the evaluation, that if such minor is under the full age of 6 under subsection (b); diagnosis, and treatment of the disease or in- years, such action shall be commenced with- (3) an award for noneconomic damages in jury which is the subject matter of the law- in 3 years of the manifestation of injury, or excess of the limitations provided for in sub- suit against the defendant, the individual prior to the eighth birthday of the minor, section (b) shall be reduced either before the was substantially familiar with applicable whichever provides a longer period. Such entry of judgment, or by amendment of the standards of care and practice as they relate time limitation shall be tolled for minors for judgment after entry of judgment, and such to the act or omission which is the subject of any period during which a parent or guard- reduction shall be made before accounting the lawsuit on the date of the incident. ian and a health care provider or health care for any other reduction in damages required (2) PHYSICIAN REVIEW.—In a health care institution have committed fraud or collu- by law; and lawsuit, if the claim of the plaintiff involved sion in the failure to bring an action on be- (4) if separate awards are rendered for past treatment that is recommended or provided half of the injured minor. and future noneconomic damages and the by a physician (allopathic or osteopathic), an (d) RULE 11 SANCTIONS.—Whenever a Fed- combined awards exceed the limitations de- individual shall not be qualified to be an ex- eral or State court determines (whether by scribed in subsection (b), the future non- pert witness under this subsection with re- motion of the parties or whether on the mo- economic damages shall be reduced first. spect to issues of negligence concerning such tion of the court) that there has been a vio- (d) FAIR SHARE RULE.—In any health care treatment unless such individual is a physi- lation of Rule 11 of the Federal Rules of Civil lawsuit, each party shall be liable for that cian. Procedure (or a similar violation of applica- party’s several share of any damages only (3) SPECIALTIES AND SUBSPECIALTIES.—With ble State court rules) in a health care liabil- and not for the share of any other person. respect to a lawsuit described in paragraph ity action to which this title applies, the Each party shall be liable only for the (1), a court shall not permit an expert in one court shall impose upon the attorneys, law amount of damages allocated to such party medical specialty or subspecialty to testify firms, or pro se litigants that have violated in direct proportion to such party’s percent- against a defendant in another medical spe- Rule 11 or are responsible for the violation, age of responsibility. A separate judgment cialty or subspecialty unless, in addition to an appropriate sanction, which shall include shall be rendered against each such party for a showing of substantial familiarity in ac- an order to pay the other party or parties for the amount allocated to such party. For pur- cordance with paragraph (1)(B), there is a the reasonable expenses incurred as a direct poses of this section, the trier of fact shall showing that the standards of care and prac- result of the filing of the pleading, motion, determine the proportion of responsibility of tice in the two specialty or subspecialty or other paper that is the subject of the vio- each party for the claimant’s harm. fields are similar. lation, including a reasonable attorneys’ fee. SEC. l5. MAXIMIZING PATIENT RECOVERY. (4) LIMITATION.—The limitations in this Such sanction shall be sufficient to deter (a) COURT SUPERVISION OF SHARE OF DAM- subsection shall not apply to expert wit- repetition of such conduct or comparable AGES ACTUALLY PAID TO CLAIMANTS.— nesses testifying as to the degree or perma- conduct by others similarly situated, and to (1) IN GENERAL.—In any health care law- nency of medical or physical impairment. compensate the party or parties injured by suit, the court shall supervise the arrange- SEC. l6. ADDITIONAL HEALTH BENEFITS. such conduct. ments for payment of damages to protect (a) IN GENERAL.—The amount of any dam- SEC. l4. COMPENSATING PATIENT INJURY. against conflicts of interest that may have ages received by a claimant in any health (a) UNLIMITED AMOUNT OF DAMAGES FOR AC- the effect of reducing the amount of damages care lawsuit shall be reduced by the court by TUAL ECONOMIC LOSSES IN HEALTH CARE LAW- awarded that are actually paid to claimants. the amount of any collateral source benefits SUITS.—In any health care lawsuit, nothing (2) CONTINGENCY FEES.— to which the claimant is entitled, less any in this title shall limit the recovery by a (A) IN GENERAL.—In any health care law- insurance premiums or other payments made claimant of the full amount of the available suit in which the attorney for a party claims by the claimant (or by the spouse, parent, economic damages, notwithstanding the lim- a financial stake in the outcome by virtue of child, or legal guardian of the claimant) to itation contained in subsection (b). a contingent fee, the court shall have the obtain or secure such benefits. (b) ADDITIONAL NONECONOMIC DAMAGES.— power to restrict the payment of a claim- (b) PRESERVATION OF CURRENT LAW.— (1) HEALTH CARE PROVIDERS.—In any health ant’s damage recovery to such attorney, and Where a payor of collateral source benefits care lawsuit where final judgment is ren- to redirect such damages to the claimant has a right of recovery by reimbursement or

VerDate Nov 24 2008 01:12 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A20OC6.020 S20OCPT1 smartinez on DSKB9S0YB1PROD with SENATE October 20, 2009 CONGRESSIONAL RECORD — SENATE S10583 subrogation and such right is permitted ical device, shall not be named as a party to subsections (b) and (c), State law to the ex- under Federal or State law, subsection (a) a product liability lawsuit invoking such tent that State law prevents the application shall not apply. drug, biological product, or medical device of any provisions of law established by or (c) APPLICATION OF PROVISION.—This sec- and shall not be liable to a claimant in a under this title. The provisions governing tion shall apply to any health care lawsuit class action lawsuit against the manufac- health care lawsuits set forth in this title su- that is settled or resolved by a fact finder. turer, distributor, or product seller of such persede chapter 171 of title 28, United States SEC. l7. PUNITIVE DAMAGES. drug, biological product, or medical device. Code, to the extent that such chapter— (a) PUNITIVE DAMAGES PERMITTED.— (2) MEDICAL PRODUCT.—The term ‘‘medical (1) provides for a greater amount of dam- (1) IN GENERAL.—Punitive damages may, if product’’ means a drug or device intended for ages or contingent fees, a longer period in otherwise available under applicable State humans. The terms ‘‘drug’’ and ‘‘device’’ which a health care lawsuit may be com- or Federal law, be awarded against any per- have the meanings given such terms in sec- menced, or a reduced applicability or scope son in a health care lawsuit only if it is prov- tions 201(g)(1) and 201(h) of the Federal Food, of periodic payment of future damages, than en by clear and convincing evidence that Drug and Cosmetic Act (21 U.S.C. 321), re- provided in this title; or such person acted with malicious intent to spectively, including any component or raw (2) prohibits the introduction of evidence injure the claimant, or that such person de- material used therein, but excluding health regarding collateral source benefits. liberately failed to avoid unnecessary injury care services. (b) PREEMPTION OF CERTAIN STATE LAWS.— that such person knew the claimant was sub- SEC. l8. AUTHORIZATION OF PAYMENT OF FU- No provision of this title shall be construed stantially certain to suffer. TURE DAMAGES TO CLAIMANTS IN to preempt any State law (whether effective HEALTH CARE LAWSUITS. (2) FILING OF LAWSUIT.—No demand for pu- before, on, or after the date of the enactment nitive damages shall be included in a health (a) IN GENERAL.—In any health care law- of this title) that specifies a particular mon- care lawsuit as initially filed. A court may suit, if an award of future damages, without etary amount of compensatory or punitive allow a claimant to file an amended pleading reduction to present value, equaling or ex- damages (or the total amount of damages) for punitive damages only upon a motion by ceeding $50,000 is made against a party with that may be awarded in a health care law- the claimant and after a finding by the sufficient insurance or other assets to fund a suit, regardless of whether such monetary court, upon review of supporting and oppos- periodic payment of such a judgment, the amount is greater or lesser than is provided ing affidavits or after a hearing, after weigh- court shall, at the request of any party, for under this title, notwithstanding section ing the evidence, that the claimant has es- enter a judgment ordering that the future ll5(a). tablished by a substantial probability that damages be paid by periodic payments in ac- (c) PROTECTION OF STATE’S RIGHTS AND the claimant will prevail on the claim for cordance with the Uniform Periodic Pay- OTHER LAWS.— punitive damages. ment of Judgments Act promulgated by the (1) IN GENERAL.—Any issue that is not gov- (3) SEPARATE PROCEEDING.—At the request National Conference of Commissioners on erned by a provision of law established by or of any party in a health care lawsuit, the Uniform State Laws. under this title (including the State stand- trier of fact shall consider in a separate pro- (b) APPLICABILITY.—This section applies to ards of negligence) shall be governed by oth- ceeding— all actions which have not been first set for erwise applicable Federal or State law. (A) whether punitive damages are to be trial or retrial before the effective date of (2) RULE OF CONSTRUCTION.—Nothing in this awarded and the amount of such award; and this title. title shall be construed to— (B) the amount of punitive damages fol- SEC. l9. EFFECT ON OTHER LAWS. (A) preempt or supersede any Federal or lowing a determination of punitive liability. (a) GENERAL VACCINE INJURY.— State law that imposes greater procedural or If a separate proceeding is requested, evi- (1) IN GENERAL.—To the extent that title substantive protections (such as a shorter dence relevant only to the claim for punitive XXI of the Public Health Service Act estab- statute of limitations) for a health care pro- damages, as determined by applicable State lishes a Federal rule of law applicable to a vider or health care institution from liabil- law, shall be inadmissible in any proceeding civil action brought for a vaccine-related in- ity, loss, or damages than those provided by to determine whether compensatory dam- jury or death— this title; ages are to be awarded. (A) this title shall not affect the applica- (B) preempt or supercede any State law (4) LIMITATION WHERE NO COMPENSATORY tion of the rule of law to such an action; and that permits and provides for the enforce- DAMAGES ARE AWARDED.—In any health care (B) any rule of law prescribed by this title ment of any arbitration agreement related lawsuit where no judgment for compensatory in conflict with a rule of law of such title to a health care liability claim whether en- damages is rendered against a person, no pu- XXI shall not apply to such action. acted prior to or after the date of enactment nitive damages may be awarded with respect (2) EXCEPTION.—If there is an aspect of a of this title; to the claim in such lawsuit against such civil action brought for a vaccine-related in- (C) create a cause of action that is not oth- person. jury or death to which a Federal rule of law erwise available under Federal or State law; (b) DETERMINING AMOUNT OF PUNITIVE DAM- under title XXI of the Public Health Service or AGES.— Act does not apply, then this title or other- (D) affect the scope of preemption of any (1) FACTORS CONSIDERED.—In determining wise applicable law (as determined under other Federal law. the amount of punitive damages under this this title) will apply to such aspect of such SEC. l11. APPLICABILITY; EFFECTIVE DATE. section, the trier of fact shall consider only action. This title shall apply to any health care the following: (b) SMALLPOX VACCINE INJURY.— lawsuit brought in a Federal or State court, (A) the severity of the harm caused by the (1) IN GENERAL.—To the extent that part C or subject to an alternative dispute resolu- conduct of such party; of title II of the Public Health Service Act tion system, that is initiated on or after the (B) the duration of the conduct or any con- establishes a Federal rule of law applicable date of the enactment of this title, except cealment of it by such party; to a civil action brought for a smallpox vac- that any health care lawsuit arising from an (C) the profitability of the conduct to such cine-related injury or death— injury occurring prior to the date of enact- party; (A) this title shall not affect the applica- ment of this title shall be governed by the (D) the number of products sold or medical tion of the rule of law to such an action; and applicable statute of limitations provisions procedures rendered for compensation, as the (B) any rule of law prescribed by this title in effect at the time the injury occurred. case may be, by such party, of the kind caus- in conflict with a rule of law of such part C ing the harm complained of by the claimant; shall not apply to such action. SA 2695. Mr. SESSIONS submitted an (E) any criminal penalties imposed on such (2) EXCEPTION.—If there is an aspect of a amendment intended to be proposed by party, as a result of the conduct complained civil action brought for a smallpox vaccine- him to the bill H.R. 3548, to amend the of by the claimant; and related injury or death to which a Federal (F) the amount of any civil fines assessed rule of law under part C of title II of the Supplemental Appropriations Act, 2008 against such party as a result of the conduct Public Health Service Act does not apply, to provide for the temporary avail- complained of by the claimant. then this title or otherwise applicable law ability of certain additional emergency (2) MAXIMUM AWARD.—The amount of puni- (as determined under this title) will apply to unemployment compensation, and for tive damages awarded in a health care law- such aspect of such action. other purposes; which was ordered to suit may not exceed an amount equal to two (c) OTHER FEDERAL LAW.—Except as pro- lie on the table; as follows: times the amount of economic damages vided in this section, nothing in this title On page 7, after line 9, insert the following: awarded in the lawsuit or $250,000, whichever shall be deemed to affect any defense avail- is greater. The jury shall not be informed of able, or any limitation on liability that ap- TITLE II—EMPLOYMENT ELIGIBILITY the limitation under the preceding sentence. plies to, a defendant in a health care lawsuit VERIFICATION (c) LIABILITY OF HEALTH CARE PROVIDERS.— or action under any other provision of Fed- SEC. 201. REPEAL OF TERMINATION OF THE E- (1) IN GENERAL.—A health care provider eral law. VERIFY PROGRAM. who prescribes, or who dispenses pursuant to SEC. l10. STATE FLEXIBILITY AND PROTECTION Section 401(b) of the Illegal Immigration a prescription, a drug, biological product, or OF STATES’ RIGHTS. Reform and Immigrant Responsibility Act of medical device approved by the Food and (a) HEALTH CARE LAWSUITS.—The provi- 1996 (division C of Public Law 104–208; 8 Drug Administration, for an approved indica- sions governing health care lawsuits set U.S.C. 1324a note) is amended by striking tion of the drug, biological product, or med- forth in this title shall preempt, subject to ‘‘Unless’’ and all that follows.

VerDate Nov 24 2008 01:12 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A20OC6.020 S20OCPT1 smartinez on DSKB9S0YB1PROD with SENATE S10584 CONGRESSIONAL RECORD — SENATE October 20, 2009 SEC. 202. DESIGNATION OF THE E-VERIFY PRO- Banking, Housing, and Urban Affairs UNANIMOUS CONSENT AGREE- GRAM. be authorized to meet during the ses- MENT—EXECUTIVE CALENDAR (a) DESIGNATION.—Sections 401(c)(1), 403(a), sion of the Senate on October 20, 2009, 403(b)(1), 403(c)(1), and 405(b)(2) of the Illegal Mr. REID. I now ask unanimous con- Immigration Reform and Immigrant Respon- at 9:30 a.m. to conduct a hearing enti- sent that on Wednesday morning, Octo- sibility Act of 1996 (division C of Public Law tled ‘‘The State of the Nation’s Hous- ber 21, following the period of morning 104–208; 8 U.S.C. 1324a note) are amended by ing Market.’’ business, the Senate proceed to execu- striking ‘‘basic pilot program’’ each place The PRESIDING OFFICER. Without tive session to consider Calendar No. that term appears and inserting ‘‘E-Verify objection, it is so ordered. 469, the nomination of Roberto Lange Program’’. COMMITTEE ON FINANCE to be U.S. District Judge for the Dis- (b) TECHNICAL AND CONFORMING AMEND- MENTS.—Title IV of the Illegal Immigration Mr. BYRD. Mr. President, I ask unan- trict of South Dakota; that debate on Reform and Immigrant Responsibility Act of imous consent that the Committee on the nomination be limited to 2 hours 1996 (division C of Public Law 104–208; 8 Finance be authorized to meet during equally divided and controlled between U.S.C. 1324a note) is amended— the session of the Senate on October 20, Senators LEAHY and SESSIONS or their (1) in the heading of section 403(a) by strik- 2009, at 10 a.m. in room 215 of the Dirk- designees, with the vote on confirma- ing ‘‘BASIC PILOT’’ and inserting ‘‘E-VERIFY’’; sen Senate Office Building, to conduct tion occurring at 2 p.m.; that upon con- and a hearing entitled ‘‘S. 1631, the Cus- firmation, the motion to reconsider be (2) in section 404(h)(1) by striking ‘‘under a toms Facilitation and Trade Enforce- pilot program’’ and inserting ‘‘under this considered made and laid on the table, subtitle’’. ment Act of 2009.’’ no further motions be in order, the The PRESIDING OFFICER. Without SEC. 203. REQUIREMENT FOR RECIPIENTS OF UN- President be immediately notified of EMPLOYMENT COMPENSATION BEN- objection, it is so ordered. the Senate’s action, and the Senate EFITS TO PARTICIPATE IN THE E- COMMITTEE ON HOMELAND SECURITY AND then resume legislative session. VERIFY PROGRAM. GOVERNMENTAL AFFAIRS The ACTING PRESIDENT pro tem- (a) IN GENERAL.—No individual may re- Mr. BYRD. Mr. President, I ask unan- pore. Without objection, it is so or- ceive unemployment compensation benefits dered. under any State or Federal law until after imous consent that the Committee on the date that the individual’s identity and Homeland Security and Governmental f employment eligibility are verified through Affairs be authorized to meet during MORRIS K. UDALL SCHOLARSHIP E-Verify Program (as designated by section the session of the Senate on Tuesday, AND EXCELLENCE IN NATIONAL 202) under title IV of the Illegal Immigration October 20, 2009, at 2:30 p.m. Reform and Immigrant Responsibility Act of ENVIRONMENTAL POLICY The PRESIDING OFFICER. Without AMENDMENTS ACT OF 2009 1996 (division C of Public Law 104–208; 8 objection, it is so ordered. U.S.C. 1324a note). Mr. REID. Mr. President, I ask unan- COMMITTEE ON SMALL BUSINESS AND (b) EFFECTIVE DATE.—The requirements of imous consent that the Senate proceed subsection (a) shall take effect on the date ENTREPRENEURSHIP Mr. BYRD. Mr. President, I ask unan- to the consideration of S. 1818. that is 180 days after the date of enactment The ACTING PRESIDENT pro tem- of this Act. imous consent that the Committee on pore. The clerk will report the bill by SEC. 204. REQUIREMENT FOR CONTRACTORS TO Small Business and Entrepreneurship PARTICIPATE IN THE E-VERIFY PRO- title. be authorized to meet during the ses- The legislative clerk read as follows: GRAM. sion of the Senate on October 20, 2009, A bill (S. 1818) to amend the Morris K. The head of each agency or department of at 10:30 a.m. to conduct a hearing enti- the United States that enters into a contract Udall Scholarship and Excellence in Na- shall require, as a condition of the contract, tled ‘‘Reform Done Right: Sensible tional Environmental and Native American that the contractor participate in the E- Health Care Solutions for America’s Public Policy Act of 1992 to honor the legacy Verify Program (as designated by section Small Businesses.’’ of Stewart L. Udall, and for other purposes. 202) under title IV of the Illegal Immigration The PRESIDING OFFICER. Without There being no objection, the Senate Reform and Immigrant Responsibility Act of objection, it is so ordered. proceeded to consider the bill. 1996 (division C of Public Law 104–209; 8 SELECT COMMITTEE ON INTELLIGENCE Mr. REID. Mr. President, I ask unan- U.S.C. 1324a note) to verify the identity and imous consent that the bill be read employment eligibility of— Mr. BYRD. Mr. President, I ask unan- (1) all individuals hired during the term of imous consent that the Select Com- three times and passed, the motion to the contract by the contractor to perform mittee on Intelligence be authorized to reconsider be laid upon the table, there employment duties within the United States; meet during the session of the Senate be no intervening action or debate, and and on October 20, 2009, at 2:30 p.m. any statements relating to this bill be (2) all individuals assigned by the con- The PRESIDING OFFICER. Without printed in the RECORD. tractor to perform work within the United objection, it is so ordered. The ACTING PRESIDENT pro tem- States the under such contract. SUBCOMMITTEE ON ADMINISTRATIVE OVERSIGHT pore. Without objection, it is so or- f AND THE COURTS dered. The bill (S. 1818) was ordered to be NOTICE OF HEARING Mr. BYRD. Mr. President, I ask unan- imous consent that the Committee on engrossed for a third reading, was read COMMITTEE ON INDIAN AFFAIRS the Judiciary, Subcommittee on Ad- the third time, and passed, as follows: Mr. DORGAN. Mr. President, I would ministrative Oversight and the Courts, S. 1818 like to announce that the Committee be authorized to meet during the ses- Be it enacted by the Senate and House of Rep- on Indian Affairs will meet on Thurs- sion of the Senate, on October 20, 2009, resentatives of the United States of America in Congress assembled, day, October 22, 2009, at 2:15 p.m. in at 10 a.m. in room SD–226 of the Dirk- room 628 of the Dirksen Senate Office SECTION 1. SHORT TITLE. sen Senate Office Building, to conduct This Act may be cited as the ‘‘Morris K. Building to conduct a business meeting a hearing entitled ‘‘Medical Debt: Can pending committee issues, to be fol- Udall Scholarship and Excellence in Na- Bankruptcy Reform Facilitate a Fresh tional Environmental Policy Amendments lowed immediately by an oversight Start?’’ The witness list is attached. Act of 2009’’. hearing on Indian Energy and Energy The PRESIDING OFFICER. Without SEC. 2. SHORT TITLE. Efficiency. objection, it is so ordered. Section 1 of the Morris K. Udall Scholar- Those wishing additional information ship and Excellence in National Environ- may contact the Indian Affairs Com- f mental and Native American Public Policy mittee at 202–224–2251. Act of 1992 (20 U.S.C. 5601 note; Public Law PRIVILEGES OF THE FLOOR 102–259) is amended to read as follows: f Mr. BYRD. Mr. President, I ask unan- ‘‘SECTION 1. SHORT TITLE. AUTHORITY FOR COMMITTEES TO imous consent that Arex Avanni, a ‘‘This Act may be cited as the ‘Morris K. MEET Udall and Stewart L. Udall Foundation detailee to the Committee on Appro- Act’.’’. COMMITTEE ON BANKING, HOUSING, AND URBAN priations, be given full privileges dur- SEC. 3. FINDINGS. AFFAIRS ing debate on H.R. 2892 today. Section 3 of the Morris K. Udall and Stew- Mr. BYRD. Mr. President, I ask unan- The PRESIDING OFFICER. Without art L. Udall Foundation Act (20 U.S.C. 5601) imous consent that the Committee on objection, it is so ordered. is amended—

VerDate Nov 24 2008 02:25 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A20OC6.021 S20OCPT1 smartinez on DSKB9S0YB1PROD with SENATE October 20, 2009 CONGRESSIONAL RECORD — SENATE S10585 (1) in paragraph (3), by striking ‘‘and’’ at (B) in subparagraph (D), by striking the pe- tional Advisory Committee on Institu- the end; riod at the end and inserting ‘‘; and’’; and tional Quality and Integrity: Daniel (2) in paragraph (4), by striking the period (C) by adding at the end the following: Klaich of Nevada, Cameron Staples of at the end and inserting a semicolon; and ‘‘(E) to conduct training, research, and Connecticut, and Larry Vanderhoef of (3) by adding at the end the following: other activities under section 6(7).’’; and ‘‘(5) the Foundation— (2) by striking subsection (b) and inserting California. ‘‘(A) since 1995, has operated exceptional the following: f scholarship, internship, and fellowship pro- ‘‘(b) UDALL SCHOLARS.—Recipients of grams for areas of study related to the envi- scholarships, fellowships, and internships ORDERS FOR WEDNESDAY, ronment and Native American tribal policy under this Act shall be known as ‘Udall OCTOBER 21, 2009 and health care; Scholars’, ‘Udall Fellows’, and ‘Udall In- ‘‘(B) since 1999, has provided valuable envi- terns’, respectively.’’. Mr. REID. Mr. President, I ask unan- ronmental conflict resolution services and SEC. 7. ESTABLISHMENT OF TRUST FUND. imous consent that when the Senate leadership through the United States Insti- Section 8 of the Morris K. Udall and Stew- completes its business today, it ad- tute for Environmental Conflict Resolution; art L. Udall Foundation Act (20 U.S.C. 5606) journ until 9:30 a.m. tomorrow, October and is amended— 21; that following the prayer and ‘‘(C) is committed to continue making a (1) in the section heading, by striking pledge, the Journal of proceedings be substantial contribution toward public pol- ‘‘SCHOLARSHIP AND EXCELLENCE IN NA- icy in the future by— TIONAL ENVIRONMENTAL POLICY’’ and in- approved to date, the morning hour be ‘‘(i) playing a significant role in developing serting ‘‘AND STEWART L. UDALL’’; and deemed expired, the time for the two the next generation of environmental and (2) in subsection (a), by striking ‘‘Scholar- leaders be reserved for their use later Native American leaders; and ship and Excellence in National Environ- in the day, and the Senate proceed to a ‘‘(ii) working with current leaders to im- mental Policy’’ and inserting ‘‘and Stewart period of morning business for 2 hours, prove decisionmaking on— L. Udall’’. with Senators permitted to speak for ‘‘(I) challenging environmental, energy, SEC. 8. EXPENDITURES AND AUDIT OF TRUST up to 10 minutes each, with the time and related economic problems; and FUND. divided and controlled between the two ‘‘(II) tribal governance and economic Section 9(a) of the Morris K. Udall and issues; Stewart L. Udall Foundation Act (20 U.S.C. leaders or their designees, with the Re- ‘‘(6) Stewart L. Udall, as a member of Con- 5607(a)) is amended by inserting before the publicans controlling the first half and gress, Secretary of the Interior, environ- period at the end the following: ‘‘, including the majority controlling the final half; mental lawyer, and author, has provided dis- a reasonable amount for official reception that following morning business, the tinguished national leadership in environ- and representation expenses, as determined Senate proceed to executive session as mental and Native American policy for more by the Board, not to exceed $5,000 for a fiscal provided for under the previous order. than 50 years; year’’. The ACTING PRESIDENT pro tem- ‘‘(7) as Secretary of the Interior from 1961 SEC. 9. USE OF INSTITUTE BY FEDERAL AGENCY to 1969, Stewart L. Udall oversaw the cre- pore. Without objection, it is so or- OR OTHER ENTITY. dered. ation of 4 national parks, 6 national monu- Section 11 of the Morris K. Udall and Stew- ments, 8 national seashores and lakeshores, 9 art L. Udall Foundation Act (20 U.S.C. 5607b) f recreation areas, 20 historic sites, and 56 is amended by adding at the end the fol- wildlife refuges; and lowing: PROGRAM ‘‘(8) it is fitting that the leadership and vi- ‘‘(f) AGENCY MANAGEMENT OR CONTROL.— sion of Stewart L. Udall in the areas of envi- Use of the Foundation or Institute to provide Mr. REID. Mr. President, Senators ronmental and Native American policy be independent and impartial assessment, medi- should expect two rollcall votes tomor- jointly honored with that of Morris K. Udall ation, or other dispute or conflict resolution row at around 2 p.m. The first vote will through the foundation bearing the Udall under this section shall not be considered to be on the confirmation of Roberto name.’’. be the establishment or use of an advisory Lange to be a U.S. district judge for SEC. 4. DEFINITIONS. committee within the meaning of the Fed- Section 4 of the Morris K. Udall and Stew- the District of South Dakota. We an- eral Advisory Committee Act (5 U.S.C. ticipate setting up a second vote which art L. Udall Foundation Act (20 U.S.C. 5602) App.).’’. would be on the motion to invoke clo- is amended— SEC. 10. ADMINISTRATIVE PROVISIONS. (1) in paragraph (1), by striking ‘‘Morris K. Section 12(a) of the Morris K. Udall and ture on the motion to proceed to S. Udall Scholarship and Excellence in Na- Stewart L. Udall Foundation Act (20 U.S.C. 1776, the Medicare Physicians Fairness tional Environmental Policy’’; 5608(a)) is amended— Act. (2) in paragraph (5), by striking ‘‘Scholar- (1) by striking paragraph (1) and inserting ship and Excellence in National Environ- the following: f mental Policy’’ and inserting ‘‘and Stewart ‘‘(1)(A) appoint such personnel as may be L. Udall’’; and necessary to carry out the provisions of this ADJOURNMENT UNTIL 9:30 A.M. (3) in paragraph (9), by striking ‘‘Scholar- Act, without regard to the provisions of title TOMORROW ship and Excellence in National Environ- 5, United States Code, governing appoint- Mr. REID. Mr. President, if there is mental Policy’’ and inserting ‘‘and Stewart ments in the competitive service; and L. Udall’’. no further business to come before the ‘‘(B) fix the compensation of the personnel Senate, I ask unanimous consent that SEC. 5. ESTABLISHMENT OF FOUNDATION. appointed under subparagraph (A) at a rate Section 5 of the Morris K. Udall and Stew- not to exceed the maximum rate for employ- it adjourn under the previous order. art L. Udall Foundation Act (20 U.S.C. 5603) ees in grade GS–15 of the General Schedule There being no objection, the Senate, is amended— under section 5332 of title 5, United States at 7:38 p.m., adjourned until Wednes- (1) in the section heading, by striking Code, except that up to 4 employees (in addi- day, October 21, 2009, at 9:30 a.m. ‘‘SCHOLARSHIP AND EXCELLENCE IN NA- tion to the Executive Director under section TIONAL ENVIRONMENTAL POLICY’’ and in- 5(f)(2)) may be paid at a rate determined by f serting ‘‘AND STEWART L. UDALL’’; the Board in accordance with section 5383 of (2) in subsection (a), by striking ‘‘Scholar- that title.’’; NOMINATIONS ship and Excellence in National Environ- (2) in paragraph (6), by striking ‘‘and’’ at Executive nominations received by mental Policy’’ and inserting ‘‘and Stewart the end; the Senate: L. Udall’’; and (3) by redesignating paragraph (7) as para- (3) in subsection (f)(2), by striking ‘‘the graph (8); and IN THE ARMY rate specified for employees in level IV of (4) by inserting after paragraph (6) the fol- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT the Executive Schedule under section 5315 of IN THE UNITED STATES ARMY TO THE GRADE INDICATED lowing: WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND title 5, United States Code’’ and inserting ‘‘a ‘‘(7) to rent office space in the District of RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: rate determined by the Board in accordance Columbia or its environs; and’’. with section 5383 of title 5, United States To be general Code’’. f LT. GEN. KEITH B. ALEXANDER SEC. 6. AUTHORITY OF FOUNDATION. APPOINTMENTS IN THE NAVY Section 7 of the Morris K. Udall and Stew- The ACTING PRESIDENT pro tem- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT art L. Udall Foundation Act (20 U.S.C. 5605) IN THE UNITED STATES NAVY TO THE GRADE INDICATED is amended— pore. The Chair announces, on behalf of WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND (1) in subsection (a)(5)— the President pro tempore, pursuant to RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: (A) in subparagraph (C), by striking ‘‘and’’ P.L. 110–315, the appointment of the To be vice admiral at the end; following to be members of the Na- REAR ADM. JOHN T. BLAKE

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HONORING THE 56TH BRIGADE serving the community of Tuscarawas County Rankin County campus is comprised of lakes, COMBAT TEAM OF THE PENN- since 1966; and farmland and towering pine trees, which cre- SYLVANIA ARMY NATIONAL Whereas, the Tuscarawas County Council ates an educational experience far beyond the GUARD for Church and Community has participated in classroom. ‘‘Character Counts! Week,’’ a character build- Comprised of nearly 230 students in grades SPEECH OF ing program meant to instill essential character 9 through 12 from over 20 states, Mexico, the HON. JIM GERLACH values in children from October 18–24, 2009; Caribbean and several African nations, all of and the students attend on a scholarship, and at OF PENNSYLVANIA Whereas, the ‘‘Character Counts!’’ program all times at least 60% of the student body IN THE HOUSE OF REPRESENTATIVES promotes trustworthiness, respect, responsi- come from a low socio-economic background. Wednesday, October 14, 2009 bility, fairness, caring, and citizenship in young Additionally, to help defray the cost of tuition, Mr. GERLACH. Mr. Speaker, I rise today in people; now, therefore, be it each student is responsible for working 10 support of H. Res. 754, a resolution honoring Resolved that along with the residents of hours a week. the 56th Brigade Combat Team (Stryker) of the 18th Congressional District, I commend The Piney Woods School has continued to the Pennsylvania Army National Guard on its the Tuscarawas County Council for Church rely on individual, foundation and corporate return to the United States from deployment in and Community on their commitment to citi- support for funding in addition to assistance Iraq. zenship and respect for themselves and one from religious institutions. Building on the The 56th Stryker Brigade is composed of another. I also commend those involved in the basis of this support, the school has estab- approximately 4,000 citizen-soldiers from program for their dedication to the youth of our lished a goal of at least 1,000 churches, syna- throughout the Commonwealth of Pennsyl- community and preparing them for lives of gogues and other religious institutions contrib- vania. These servicemembers come from var- thoughtfulness, respect, and civic responsi- uting $1,000 a year. Among prominent figures ious communities, including several commu- bility. that have advocated for the school over the nities in the 6th Congressional District. f years, are actor Morgan Freeman, television The Brigade has previously served our personality Oprah Winfrey, author Bebe Moore THE PINEY WOODS SCHOOL country honorably, mobilizing and deploying to Campbell and famed American cartoonist, the CENTENNIAL CELEBRATION Kosovo in 2003. On September 19, 2008 the late Charles Schultz. 56th Stryker Brigade was mobilized a second On behalf of this body, I would like to con- time, deploying to Iraq on January 15, 2009. HON. GREGG HARPER gratulate The Piney Woods School as they celebrate one hundred years of ‘‘changing The Brigade arrived in Iraq in late January OF MISSISSIPPI America, and the world, one student at a 2009 and accepted responsibility of a roughly IN THE HOUSE OF REPRESENTATIVES time.’’ Britton Smith, a young African American 800-square-mile area north of Baghdad from Tuesday, October 20, 2009 the 2nd Stryker Brigade Combat Team, 25th intern who serves today in my Washington of- Infantry Division. Mr. HARPER. Madam Speaker, one hun- fice and who is a graduate of Piney Woods, is During their deployment in Iraq, the 56th dred years ago deep in the Mississippi woods, a genuine example that the legacy of Dr. Striker Brigade played a critical role in support Dr. Laurence Jones agreed to teach a half- Jones and his wife, Grace, still pulsates of military operations in Iraq. Brigade Soldiers grown, barefoot boy to read. The next day, the through the campus, attracting Christian stu- performed over 800 combined operations with young boy not only arrived eagerly for his sec- dents eager for an opportunity to grow and to Iraqi security forces, capturing seven brigade ond lesson, but was accompanied by two of be successful. level high value targets and 80 additional tar- his friends. Dr. Jones welcomed the new- f gets, including the capture of more than 80 comers and began the lesson by singing the CONGRATULATING RICHARD L. enemy weapon caches. well known doxology, Praise God, from Whom BOALS FOR RECEIVING THE The Soldiers of the Independence Brigade All Blessings Flow. Thus, The Piney Woods ANTI-DEFAMATION LEAGUE’S served side by side with Iraqi soldiers to en- School legacy was born. TORCH OF LIBERTY AWARD sure security. The 56th Stryker Brigade is Dr. Laurence Jones did not stop simply with credited with making $22 million worth of re- teaching a few boys while using a fallen log HON. HARRY E. MITCHELL construction improvements in coordination with for a desk, but he also eventually built a mod- est facility in rural Rankin County, Mississippi OF ARIZONA an embedded U.S. provincial reconstruction IN THE HOUSE OF REPRESENTATIVES team. Following their one year of exceptional to provide underprivileged black students with service, the Brigade returned to the United a ‘‘head, heart and hands’’ education. Tuesday, October 20, 2009 States and demobilized in September 2009. News of the developing black school an- Mr. MITCHELL. Madam Speaker, I rise Mr. Speaker, I ask that my colleagues join gered many local Ku Klux Klan members. today to congratulate Mr. Richard L. Boals, me today in honoring the brave men and After capturing Dr. Jones and forcing him to who has been selected to receive the Anti- women of the 56th Brigade Combat Team give a final speech, the members of the Klan Defamation League’s Jerry J. Wisotsky Torch (Stryker) of the Pennsylvania Army National released ‘‘The Little Professor’’ after he ex- of Liberty Award. The ADL is a national non- Guard. May their service be an inspiration to pressively compelled them by stating, ‘‘There profit organization committed to combating all us all. is not a man standing here who wants to go forms of prejudice and discrimination, as well f to his God with the blood of an innocent man as defending democratic ideals and protecting on his hands.’’ civil liberties for all. The Jerry J. Wisotsky A PROCLAMATION HONORING THE Founded in 1909 in a corn shed and, today Torch of Liberty Award recognizes outstanding TUSCARAWAS COUNTY COUNCIL The Piney Woods School is a nondenomina- leaders who have demonstrated a serious FOR CHURCH AND COMMUNITY tional, Christian-oriented school that has commitment to the social, economic, cultural, grown into what U.S. News & World Report and environmental well-being of their commu- HON. ZACHARY T. SPACE has named one of the finest boarding schools nities. OF OHIO in the country. As the flagship of the four re- Mr. Boals is an exceptional community lead- IN THE HOUSE OF REPRESENTATIVES maining historically African-American boarding er who epitomizes the ideals of the Torch of schools in the United States, The Piney Liberty Award. As president and chief execu- Tuesday, October 20, 2009 Woods School provides an academic core of tive officer of Blue Cross Blue Shield of Ari- Mr. SPACE. Madam Speaker: mathematics, history, science, English and so- zona, Mr. Boals is in charge of the state’s Whereas, Tuscarawas County Council for cial studies to black high school students on a leading health insurer. His long history of serv- Church and Community has been faithfully campus covering 2,000 acres. The beautiful ice to his community includes serving on the

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

VerDate Nov 24 2008 05:08 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\RECORD09\RECFILES\E20OC9.REC E20OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE E2574 CONGRESSIONAL RECORD — Extensions of Remarks October 20, 2009 board of directors for Greater Phoenix Leader- also includes Miami University (Ohio); Norwich G. Anthony, a visionary leader and inspiration ship, the Translational Genomics Research In- University Applied Research Institutes; Poto- to all. stitute, the Arthritis Foundation Greater South- mac Institute for Policy Studies; and the Uni- Reverend Doctor Anthony is an anointed west Chapter, the Arizona State University versity of Nevada Reno. Woman of God. She holds a Master’s degree (ASU) W.P. Carey School of Business Center f in Theology and Religious Education, as well for Services Leadership, the ASU President’s as a Doctoral degree in Sacred Theology. She HONORING THE MEMORY OF FALL- Club, and the ASU Dean’s Council of 100. Mr. is an alumnus of Harvard University Divinity EN U.S. MILITARY HEROES, THE Boals is also co-chair of the Phoenix Police School Leadership Institute. She is also a SACRIFICE OF THEIR FAMILIES, Reserve Foundation board of directors and is graduate of Cornell University’s Family Devel- AND THE WORK OF THE SNOW- currently working with the Salvation Army as opment Institute, and a certified trainer pro- BALL EXPRESS ORGANIZATION their Capital Campaign Committee Chairman. viding specialized services to underserved In addition, Mr. Boals has served in the past populations throughout New York City. The as chairman of the Greater Phoenix Chamber HON. JEB HENSARLING Doctor Anthony realizes that all of her accom- of Commerce, the Arthritis Foundation Greater OF TEXAS plishments have been made possible by the Southwest Chapter, the Arizona Quality Alli- IN THE HOUSE OF REPRESENTATIVES Almighty Father. ance, the Arizona Affordable Health Care Tuesday, October 20, 2009 Not only an artisan and visionary, Dr. An- thony is the Founder, CEO and Pastor of the Foundation, and Teach for America. Mr. HENSARLING. Madam Speaker, today I renowned and awarded JUDAH International Through his contributions to his community, honor the memory of our fallen military he- Christian Center, Inc. (JUDAH), in Brooklyn, Mr. Boals also serves as a great role model to roes, recognize the sacrifice of their families New York. A twenty-five year veteran com- all of us. Again, I congratulate Richard Boals and laud the excellent work of the Snowball mitted to community and human development, on this award, and I thank him for everything Express Organization and its many partners, Dr. Anthony and JUDAH have been recog- he has done for his fellow community mem- sponsors and volunteers. nized nationally by former President Bill Clin- bers. Freedom is not free—it comes at an incred- ton as well as former President George W. ible cost. Throughout our nation’s history, f Bush as a progressive and cutting-edge leader whenever our country is attacked or when the and outstanding organization in the faith- EARMARK DECLARATION enemies of freedom threaten peace in our based community, addressing holistic faith- world, American men and women in uniform, based development and empowerment. HON. ROB BISHOP from all backgrounds and all walks of life, Dr. Anthony’s stellar leadership includes OF UTAH have answered the call to defend our nation. holding the exclusive distinction as the first From the American Revolution to Operation IN THE HOUSE OF REPRESENTATIVES and only woman elected as chairperson of the Iraqi Freedom, many of America’s best and Tuesday, October 20, 2009 Board of the Central Brooklyn Churches, Inc. brightest have paid the price of our freedom Her passion for addressing the needs of Mr. BISHOP of Utah. Madam Speaker, con- with their lives. women and girls has led her to establish and sistent with the Republican Leadership’s policy The families of these brave men and organize the ‘‘Women of Faith Advocating on earmarks, I am submitting the following women also make tremendous sacrifices. Mili- Change (WFAC)’’ partnership comprised of earmark disclosure information regarding tary families play a vital support role to our project funding I had requested and which was troops in harm’s way and are left to carry on clergy, elected officials and community leaders not originally included in the House reported life without their wife, husband, mother, father, in Brooklyn. WFAC’s mission is to provide version, but which was included within the brother or sister. As much as we remember clergy-led leadership in developing faith strate- Conference Report to accompany H.R. 2892. the men and women who lay down their life to gies to combat health disparities for African To the best of my knowledge, funding for this protect us, we should also remember and sup- American women and girls. She is vice presi- project: (1) is not directed to an entity or pro- port their families and the incredible sacrifice dent of the Labor-Religion Coalition of New gram that will be named after a sitting Member they make on a daily basis, as they seek to York State; past chair of the Bedford- of Congress; (2) is not intended to be used by continue on with their life, remembering and Stuyvesant/Crown Heights HIV Care Network an entity to secure funds for other entities un- honoring their departed loved one. My son steering committee and member of the Board less the use of funding is consistent with the and daughter live in a better, more free and of Directors of the Fordham University Bertram specified purpose of the earmark; and (3) more secure America because of the sac- M. Beck Institute on Religion and Poverty. She meets or exceeds all statutory requirements rifices of these families and their heroes. is the creative force behind the award winning for matching funds. I further certify that neither Snowball Express was founded with the ‘‘Wholistic Approach to Community Wellness my spouse, nor I, have any personal financial goal of providing ‘‘hope and new memories to Program’’ (WACW), a national faith-based interests in this request. the children of our fallen military heroes who best practice model, which assists religious Project Title: Distributed Environment for died while on active duty since September 11, leaders, government representatives and com- Critical Infrastructure Decision-making Exer- 2001.’’ I can only imagine how hard it must be munity stakeholders grappling with social chal- cises (DECIDE) to carry on with holidays, birthdays and normal lenges. Dr. Anthony possesses the unique Amount: $3 million life with your loved one missing. The out- ability to gracefully and skillfully blend profes- Requesting Member: ROB BISHOP (UT) standing staff, partners, sponsors and volun- sional ethics, business acumen, social and Bill Number: H.R. 2892 teers at Snowball Express are committed to cultural activism in order to proclaim a living Account: DHS Science & Technology – providing rays of sunshine for children whose Gospel. Address of Requesting Entity: Utah State worlds have been rocked by incredible loss Madam Speaker, I urge my colleagues to University and they are to be commended. join me in recognizing The Reverend Doctor Location: Old Main Hill, Logan, Utah 84322– As Ronald Reagan said, ‘‘We will always re- Cheryl G. Anthony, a woman called into the 1400. member. We will always be proud. We will al- Kingdom to serve her generation through the Matching Funds: Not applicable ways be prepared, so we may always be power of God. Detailed Spending Plan: Not applicable. free.’’ Madam Speaker, on behalf of the Fifth f District of Texas, I am humbled and honored Description and Justification of Funding: CONFERENCE REPORT ON H.R. 2892, to recognize our nation’s heroes, their families Funding is needed to continue efforts begun DEPARTMENT OF HOMELAND SE- and Snowball Express. last year to develop digital and informational CURITY APPROPRIATIONS ACT, technology tools to help private financial insti- f 2010 tutions and other private sector institutions A TRIBUTE TO THE REVEREND DR. vital to the U.S. economy to coordinate de- CHERYL G. ANTHONY SPEECH OF fenses against increasingly sophisticated and growing cyber attack threats that, if not de- HON. DAVID LOEBSACK OF IOWA fended against, could have devastating impli- HON. EDOLPHUS TOWNS– OF NEW YORK IN THE HOUSE OF REPRESENTATIVES cations for our economy as well as homeland IN THE HOUSE OF REPRESENTATIVES security interests. Utah State University is a Thursday, October 15, 2009 participant in a consortium of higher edu- Tuesday, October 20, 2009 Mr. LOEBSACK. Madam Speaker, in 2008, cational research institutions called the ‘‘Cyber Mr. TOWNS. Madam Speaker, I rise today the State of Iowa experienced the worst nat- Conflict Research Consortium (CCRC) which in recognition of The Reverend Doctor Cheryl ural disaster in our state’s history which left 85

VerDate Nov 24 2008 05:08 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\RECORD09\RECFILES\E20OC9.REC E20OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE October 20, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E2575 of 99 total counties presidentially declared dis- versity of Pennsylvania and then earned his laws in effect at the time and therefore de- aster areas. This flooding particularly dev- medical degree from Georgetown University serve immunity. It would retain limitations astated the City of Cedar Rapids. In addition School of Medicine. He served his internship on liability for acting in compliance with FISA, the criminal surveillance laws, the to having nearly all of their critical government and residency at St. Vincent’s and a fellowship Protect America Act and the FISA Amend- and public facilities damaged, the flooding also in cardiology at St. Michael’s Medical Center. ments Act. severely damaged the city’s main public li- Soon, he was back to serve his hometown SECTION 3—BULK COLLECTION brary. and the surrounding communities, joining St. The Cedar Rapids Library was an 83,961 Joseph’s Hospital and Medical Center as an The bill retains the new authorities pro- square foot facility, owned by the city which attending physician in cardiology. He also vided in the FISA Amendments Act but also housed city staff. The main Library con- builds in additional safeguards to protect the practiced at North Jersey Internal Medicine rights of innocent Americans. The bill would tained 150,000 volumes in the Adult Collection Associates. prevent the government from using the and 100,000 volumes in the Children’s Collec- Dr. Ged has worked hard to stay at the fore- warrantless collection authorities of the tions, all of which are currently displaced. front of new practices in his field, and to help FISA Amendments Act to conduct ‘‘bulk col- After two appeals from the city, FEMA con- St. Joseph’s to do the same. He performed lection,’’ which could include the collection tinues to state that the city’s library is not eligi- the first-ever angiogram at St. Joseph’s. He of the contents of all communications be- ble for temporary relocation assistance despite has served as a respected member, and later tween the United States and the rest of the the fact that the Stafford Act provides for ‘‘pro- as vice president, of the medical board. world. It would do so by requiring that the vision of temporary facilities for schools and After his retirement from private practice, Dr. government have some foreign intelligence interest in the overseas party to the commu- other essential community services.’’ The Staf- Ged sought to continue to give back to the nications it is collecting. Bulk collection ford Act also includes libraries in the definition Paterson community, his patients and his col- raises serious constitutional questions, and of private nonprofit facilities and states that leagues. Working with the late Don Alois, Dr. it could permit data mining of massive quan- they provide essential services of a govern- Ged spearheaded the creation of a non-profit tities of communications of Americans. mental nature to the general public. entity for the hospital so that funds could be SECTION 4—REVERSE TARGETING As a former educator myself, I know the crit- raised for crucial programs and facilities. In The bill would place additional limits on ical role libraries play in education. Since the 1982, he worked with the other founding mem- the warrantless collection authorities of the floods of 2008, I have also seen the essential bers to create the St. Joseph’s Foundation, of FISA Amendments Act to ensure that they public services they provide to nearly all as- which he would later serve as president. He are not used as a pretext when the govern- pects of severely damaged communities. was also the founder of the annual Charity ment’s real goal is to target the Americans In fact, FEMA itself directs disaster victims Ball. Thirty-three years ago, the Charity Ball with whom the ostensible foreign target is to their local library to use the internet to apply was held at Westmount Country Club and communicating. It would require a FISA for federal disaster assistance. Public libraries raised $50,000. Now, the Charity Ball is still Court order if the government is wiretapping also allow citizens to look for jobs, or seek the most important benefit for St. Joseph’s a person overseas but ‘‘a significant pur- pose’’ of the surveillance is to collect the other support services needed in the aftermath and raises more than one million dollars annu- communications of the person in the United of disasters such as the flooding in Iowa. Li- ally. States with whom the person overseas is braries have certainly evolved to become After his retirement from practicing medi- communicating. more than collections of books and periodi- cine, Dr. Ged joined his brother George at SECTION 5—USE OF UNLAWFULLY OBTAINED cals. Travel Forum, Inc., a full service travel busi- INFORMATION In modern-day communities, they are a vital ness located in Totowa, New Jersey. He has The bill would limit the government’s use communication hub, providing access to com- since retired from the company. He now re- of information about U.S. persons that is ob- puters and the internet for individuals that may sides in Wyckoff, New Jersey and Naples, tained under FISA Amendments Act proce- not be able to afford their own, and in a dis- Florida with his wife, Erika. They have seven dures that the FISA Court later determines aster, to those whose own property was dam- children and nine grandchildren. to be unlawful, while still giving the FISA aged or destroyed. Further, the library is a The job of a United States congressman in- Court flexibility to allow such information partner with our school systems, providing re- volves much that is rewarding, yet nothing to be used in appropriate cases. This provides search materials to students and supporting compares to working with and recognizing the a basic incentive for the government to tar- class instructional programs. efforts of dedicated community servants like get foreign agents overseas rather than inno- Many libraries also become a disaster re- cent Americans here in the United States. It Dr. Eugene Ged. is similar to the existing law that limits the covery center for their community, and a point Madam Speaker, I ask that you join our col- use of information collected pursuant to of distribution for meals and supplies needed leagues, everyone involved in the St. Joseph’s FISA’s emergency authority if the FISA during a disaster. Foundation, Eugene’s family and friends and Court determines after the fact that the I urge FEMA to reconsider their internal poli- me in recognizing Dr. Eugene C. Ged’s out- FISA standard was not met. cies and reexamine how libraries are defined standing service to his community. SECTION 6—PROTECTIONS FOR INTERNATIONAL in the Stafford Act in order to assist not only f COMMUNICATIONS OF AMERICANS the Cedar Rapids Library, but other libraries THE FISA AMENDMENTS ACT OF The bill would permit unfettered acquisi- that may be damaged and displaced by nat- tion of foreign-to-foreign communications ural disasters in the future. 2009 SECTION-BY-SECTION and of communications of suspected terror- f ists into or out of the United States, while HON. JOHN CONYERS, JR. creating safeguards for communications not TRIBUTE TO DR. EUGENE C. GED related to terrorism that the government OF MICHIGAN knows have one end in the United States. HON. BILL PASCRELL, JR. IN THE HOUSE OF REPRESENTATIVES Specifically: Tuesday, October 20, 2009 When the government knows in advance OF NEW JERSEY that a foreign target is communicating with IN THE HOUSE OF REPRESENTATIVES Mr. CONYERS. Madam Speaker, the FISA someone in the United States, it can acquire Tuesday, October 20, 2009 Amendments Act of 2009 would amend FISA that communication if it involves terrorism, to protect the constitutional rights of Ameri- if someone’s safety is at stake, or with a Mr. PASCRELL. Madam Speaker, I would cans while ensuring that the government has court order. like to call to your attention the deeds of an the powers it needs to fight terrorism and col- When the government does not know in ad- outstanding American, Dr. Eugene C. Ged, lect intelligence. vance with whom a foreign target is commu- who was recognized by the St. Joseph’s Re- SECTION 1—SHORT TITLE nicating, it can acquire all of that target’s communications, without individualized gional Medical Center Foundation with the This Act may be cited as the FISA Amend- court review. If the government later real- 2009 William F. Johnson Award for his dec- ments Act of 2009. ades of service to his community. izes that it has acquired a communication SECTION 2—TELECOMMUNICATIONS IMMUNITY Eugene was born in St. Joseph’s Hospital, with one end in the U.S., it must segregate The bill would repeal the retroactive im- that communication in a separate database. Paterson, and has spent the majority of his life munity provision in the FISA Amendments It can then access, analyze and disseminate in the city and its surrounding areas. He at- Act, leaving it to the courts to determine that communication if the communication tended grammar school at St. George’s, and whether any telephone companies that com- involves terrorism, if someone’s safety is at went on to high school at St. John’s. He re- plied with the illegal warrantless wire- stake, or if the government has obtained a ceived his undergraduate degree at the Uni- tapping program acted properly under the court order.

VerDate Nov 24 2008 05:08 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\RECORD09\RECFILES\E20OC9.REC E20OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE E2576 CONGRESSIONAL RECORD — Extensions of Remarks October 20, 2009 HONORING PAUL WILEY OF serves as a member of the JWV Policy Com- skills. Important talents such as determination, TAYLOR MILL, KENTUCKY mittee as well as a member of the organiza- discipline, strength and integrity are all taught tion’s Executive Committee. Mr. Zweiman has through a variety of team building events and HON. GEOFF DAVIS made numerous contributions throughout his activities. OF KENTUCKY prestigious 61-year career with the JWV, in- The Young Marines focus on community IN THE HOUSE OF REPRESENTATIVES cluding developing the JWV’s Allied Veterans service, specifically reducing drug use in teens Mission to Israel program, creating and devel- and young adults. The group strives to instill Tuesday, October 20, 2009 oping a direct mail program to provide funding the core values of honor, courage and com- Mr. DAVIS of Kentucky. Madam Speaker, I for JWV programs, and designing and coordi- mitment, adopted by the Marine Corps, to rise today to honor Mr. Paul Wiley of Taylor nating renovations of the Jewish War Veterans each of their members. Each young marine is Mill, Kentucky. Mr. Wiley is a former U.S. Museum in Washington, D.C. required to complete a minimum of 50 hours Army aviator who now dedicates his time to Mr. Zweiman’s continued exemplary service of community service each year to qualify for organizing programs and events to benefit ac- to this nation is rightfully honored today. the Young Marine Community Service Ribbon. tive-duty service members, veterans, and their Thank you for all you have done and God The Young Marines focus on character build- families. bless the United States of America. ing through a combination of self-discipline, In 2007, Mr. Wiley joined forces with the f teamwork and leadership, as well as pro- Moose Riders Club of Moose Lodge #1469 in moting a healthy, drug free lifestyle. Helping Covington to raise funds for the A/101 Aviation A TRIBUTE TO DEACON WILLIAM people in their formative years reduce the Association Memorial Scholarship Fund. With DEWALT abuse of alcohol, tobacco, and drugs deserves support from local military units and the Sikor- our sincere admiration and respect. sky Helicopter company, their first fundraiser HON. EDOLPHUS TOWNS– It is important that we recognize the service raised more than $16,000 for the scholarship OF NEW YORK of groups such as the Gem State Young Ma- fund. IN THE HOUSE OF REPRESENTATIVES rines. The Gem State Young Marines should Mr. Wiley and the Moose Riders also spon- be extremely proud of all the work they have Tuesday, October 20, 2009 sor the members of the 4th Battalion, 101st done for communities in Idaho. I applaud this Aviation Regiment, 101st Airborne Division, a Mr. TOWNS. Madam Speaker, I rise today group and their members for their efforts, their unit that deployed to Afghanistan in 2008. in recognition of Deacon William Dewalt. actions show that Americans of all ages can— Over the summer, Mr. Wiley and his friends Deacon William Dewalt was born in Gal- and do—make a profound difference in com- worked with residents and local businesses veston, Texas in 1930. He attended Dixon munities across the country. throughout Northern Kentucky and the Cin- High School in Shepherd, Texas, where he f cinnati area to help the soldiers have a little played basketball. During his school days, he extra fun with their families while home on was voted ‘‘All-Around Boy’’ by his fellow bas- NATIONAL DOMESTIC VIOLENCE their 2-week furlough from Afghanistan. ketball teammates. While in high school, he AWARENESS MONTH Through fundraisers and generous donations, met Gloria Jean Mitchell, who later became Mr. Wiley’s initiative ensured six soldiers and his wife, and together they had seven children. HON. KENDRICK B. MEEK their families enjoyed a ‘‘mini-vacation’’ com- After school, William joined the United OF FLORIDA plete with donated hotel rooms, dinners, and States Army and served for two years. He was IN THE HOUSE OF REPRESENTATIVES stationed in Korea. William and Gloria settled tickets to amusement parks and museums. Tuesday, October 20, 2009 Currently, Mr. Wiley is busy spearheading in New York City in the mid 1950s. He se- plans for a January welcome home celebration cured employment with the United States Mr. MEEK of Florida. Madam Speaker, I rise to mark the return of the unit from Afghani- Postal Service as a Letter Carrier. After thirty today to recognize the month of October as stan. years of service, he retired in 1989. National Domestic Violence Awareness Month. Madam Speaker, I ask my colleagues to join In 1954, Deacon Dewalt joined the Union Domestic violence, a widespread tragedy that me in applauding Mr. Paul Wiley, the mem- Baptist Church under the leadership of Rev. indiscriminately affects families of all races bers of Moose Riders Club, and all the people Dr. Aaron A. Wood and was ordained to the and classes, is a serious crime that has no so- in the Northern Kentucky region who have Deacon Ministry. He has served in this capac- cial barriers. From our own family members to contributed to this local effort to support serv- ity for more than 50 years. medical professionals to educators to law en- ice members, veterans, and their families. Deacon William Dewalt is a man of few forcement officers to community/clergy lead- ers—we must all work together to ensure that f words, however, when he gives his word one can truly count on him. One might say that he we are trained to recognize the signs and HONORING ROBERT ZWEIMAN, held on to his title given so many years ago symptoms of domestic violence and, in turn, JEWISH WAR VETERAN by his teammates—‘‘All-Around Boy’’, and be- prevent the crime from continuing throughout came an ‘‘All-Around Man’’. He believes in our communities. HON. JOHN H. ADLER helping in anyway that he can and he helps I have seen firsthand the impact this issue OF NEW JERSEY without thinking twice. has on individuals in urban and rural areas IN THE HOUSE OF REPRESENTATIVES Madam Speaker, I urge my colleagues to alike. Domestic violence crosses economic join me in recognizing Deacon William Dewalt, lines, geographic lines and ethnic lines. In Tuesday, October 20, 2009 a faithful servant and ‘‘All-Around Man’’. 2008, Miami-Dade and Broward County had a Mr. ADLER of New Jersey. Madam Speak- f total of 18,312 reported domestic violence er, I am pleased to have this opportunity to cases varying from offenses such as aggra- express my gratitude to Mr. Zweiman for his HONORING THE SERVICE OF THE vated assault to stalking to forcible rape. With dedicated and tireless service to the Jewish GEM STATE YOUNG MARINES so many of these unsettling offenses taking War Veterans of the United States of America. place in my District, I will continue to ensure Mr. Zweiman selflessly and bravely served HON. WALT MINNICK that significant progress is being made on this this country in the Philippines during World OF IDAHO issue during my tenure in Congress. It is vital War II. Upon returning home, he took advan- IN THE HOUSE OF REPRESENTATIVES that we direct attention to domestic violence tage of the Montgomery G.I. Bill and received and assure that there are available resources a bachelor’s degree and juris doctorate from Tuesday, October 20, 2009 to assist victims and families in recovering New York University. With this educational Mr. MINNICK. Madam Speaker, I would like from these abuses. We must combat this con- foundation, Mr. Zweiman became an excep- to recognize and honor an extraordinary youth tinuous plague that wreaks havoc on our in- tional attorney-at-law, specializing in corporate education program that serves boys and girls creasingly-stressed health care network, our and family law. in Idaho. The Gem State Young Marines is over-flowing criminal justice system, and our Even with his busy professional life, Mr. celebrating its 50th anniversary and Red Rib- day-to-day life within our communities. Zweiman always found the time to contribute bon Week on October 17, 2009. Florida’s county and jurisdictional domestic his time and talents to the Jewish War Vet- This program serves youths from the age of violence offenses in 2008 totaled an unfortu- erans of the United States of America (JWV). 8 through high school in the Treasure Valley. nate 113,123 cases. National Domestic Vio- He began with the organization as editor of his It encourages young people to find strength lence Awareness Month should remind us to local JWV Post Newsletter and currently within themselves by learning life-changing continue ensuring that Federal grants made

VerDate Nov 24 2008 05:08 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\RECORD09\RECFILES\E20OC9.REC E20OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE October 20, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E2577 under the Violence Against Women Act go to- In addition, Captain Wei has been instru- THE DISCLOSURE OF PRESI- wards essential shelter operations and support mental in protecting our oceans. He has gen- DENTIAL DECLASSIFICATION OF services. Moreover, we must ensure that shel- erously donated to the cause of cleaner INTELLIGENCE INFORMATION ters and crisis centers receive sufficient fund- oceans and the protection of sea life in Alas- ACT OF 2009 ing to provide this safety net to some of our ka. most vulnerable citizens. With that in mind, I would like to commend HON. JOHN CONYERS, JR. Madam Speaker, I stand today before my Captain Wei for his commitment to profes- OF MICHIGAN colleagues to ask for continued support and sionalism which has facilitated both a produc- IN THE HOUSE OF REPRESENTATIVES assistance of domestic violence prevention tive and personal relationship between the Tuesday, October 20, 2009 programs. It is essential that we not only draw people of the United States of America and attention to domestic violence this month, but the People’s Republic of China. Furthermore, Mr. CONYERS. Madam Speaker, I am continue making progress on this devastating I would like to recognize Captain Wei for his pleased to introduce the ‘‘Disclosure of Presi- problem so that it will no longer affect our charitable contributions in support of higher dential Declassification of Intelligence Informa- communities and families. As we remember learning in the United States and around the tion Act of 2009.’’ the victims of domestic violence, we must world. Captain Wei is truly a ‘‘Peoples’ Am- This bill will help increase transparency by learn from their courage and work to assure bassador’’ to the United States of America. requiring the White House to release public that our communities are safe places to live, notices when classified materials are declas- work, and raise our families. In Florida and f sified. Specifically, this legislation would re- throughout our nation, education, enforcement quire the President to inform the relevant con- and support are the keys to solving and break- HONORING THE COMMUNITY OF gressional committees within 15 days when- ing the cycle of domestic violence. WYNMOOR IN COCONUT CREEK, ever intelligence has been declassified. The f FLORIDA bill also contains a sense of Congress that ad- ditional notice should be given to the Director HONORING CAPTAIN WEI JIAFU HON. ROBERT WEXLER of National Intelligence, the Archivist of the FOR HIS LONGSTANDING COM- United States, and the heads of the applicable OF FLORIDA MITMENT TO THE CITIZENS OF elements of the intelligence community. THE UNITED STATES OF AMER- IN THE HOUSE OF REPRESENTATIVES In January of this year, I released a report ICA Tuesday, October 20, 2009 documenting several abuses and excesses of the Bush Administration. The Report, titled HON. STEPHEN F. LYNCH Mr. WEXLER. Madam Speaker, I rise today ‘‘Reining in the Imperial Presidency: Lessons OF MASSACHUSETTS to honor the Community of Wynmoor in Coco- and Recommendations Relating to the Presi- IN THE HOUSE OF REPRESENTATIVES nut Creek, Florida, which is celebrating its dency of George W. Bush,’’ contained 50 sep- 35th Anniversary this week. Tuesday, October 20, 2009 arate recommendations designed to restore Wynmoor is an active senior community in and support the traditional checks and bal- Mr. LYNCH. Madam Speaker, I am privi- South Florida with approximately 9,000 resi- ances of our constitutional system. leged today to honor a pioneer who has dents, many of whom regularly mentor in local This bill carries out the recommendation that helped create a strong bridge of under- schools, volunteer for city affairs, and greatly Congress consider legislation requiring the standing and development between the people contribute to the vitality of the City of Coconut President to announce the declassification of of his country and the people of the United Creek and the surrounding communities. With classified materials. States of America. For over a decade Captain a PGA-recognized country club golf course, As the report details, the Bush administra- Wei Jiafu has been the President of COSCO, serene lakes and sparkling fountains, tion selectively leaked numerous items of clas- the largest ocean shipping company in the Wynmoor is truly a beautiful place to live, and sified information to strengthen the case for People’s Republic of China. During this time for many who live there, a wonderful place to war in Iraq. For example, evidence suggests Captain Wei has worked hard to increase the retire and enjoy life. that President Bush secretly authorized the level of understanding between U.S. and Chi- Wynmoor residents find many ways to re- declassification of information without notice in nese business leaders. main active and healthy with multiple tennis an effort to neutralize Ambassador Joe Wil- Captain Wei’s relationship with the U.S. has courts and health and fitness facilities avail- son’s op-ed that raised questions about the been a long and honored one. In his early able to them, as well as with a multitude of so- case for war. years as a sea captain, Captain Wei was cial activities planned throughout the year, in- This bill will help to prevent similar future given special recognition by the U.S. Coast cluding cultural and social clubs, several chari- abuses and political manipulation of intel- Guard for his knowledge and skill in navigating table organizations, live theater, dances, mov- ligence authority by alerting Congress when U.S. waters. In addition to Captain Wei’s tech- ies, classes and lectures. When I visit my con- information is declassified. Such transparency nical knowledge of U.S. waters, he commands stituents in Wynmoor, I am always thrilled to in presidential delegations of declassified au- a mastery of the navigational practices that engage with them on the issues of importance thority is a matter of good government regard- make both national and international waters to our community because they care deeply less of who occupies the White House. safe. Under Captain Wei’s leadership, COSCO about the issues that affect South Florida. f was the first foreign shipping company to com- Madam Speaker, I am deeply proud to rep- A TRIBUTE TO SHARONNIE M. ply with newly-enacted Homeland Security resent the Community of Wynmoor and all of PERRY regulations governing shipping containers. As its residents in Congress, and I wish the entire astounding as all of these accomplishments community a happy and healthy 35 more may be, Captain Wei’s dedication to the U.S. years and an enjoyable anniversary celebra- HON. EDOLPHUS TOWNS– goes further. tion this week. OF NEW YORK Throughout his career, Captain Wei’s com- IN THE HOUSE OF REPRESENTATIVES mitment to the American workforce has been f unwavering. As President of COSCO, Captain Tuesday, October 20, 2009 Wei oversees the largest Chinese employer of PERSONAL EXPLANATION Mr. TOWNS. Madam Speaker, I rise today American citizens. Under Captain Wei’s guid- in recognition of Sharonnie M. Perry, a great ance, COSCO has been honored by the ports community activist. of Long Beach, Seattle, New York, and Bos- HON. KAY GRANGER Sharonnie has lived her life by one of her ton, for his commitment to their employees. OF TEXAS favorite mottos, ‘‘I Have Come To Serve And Must notably, has been his commitment to the IN THE HOUSE OF REPRESENTATIVES Not To Be Served.’’ She has served for over workers of Massachusetts, where COSCO has Tuesday, October 20, 2009 35 years as a community activist, beginning in contributed to the creation of thousands of her early days fighting against decentralization maritime-related jobs by establishing shipping Ms. GRANGER. Madam Speaker, on rollcall of public schools. services between the Port of Boston and ports Nos. 772, 773, and 774, I was absent from the As founder of ‘‘Parents on the Move’’, a in China. Captain Wei has even dedicated a House. self-help organization for homeless parents chair to Boston’s prestigious Harvard Univer- Had I been present, I would have voted and children, she advocated for affordable sity. ‘‘aye.’’ housing, education and employment for the

VerDate Nov 24 2008 05:08 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\RECORD09\RECFILES\E20OC9.REC E20OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE E2578 CONGRESSIONAL RECORD — Extensions of Remarks October 20, 2009 homeless population across New York City. In his service to the legal community as a law plays an important role in my district and 1982, Sharonnie saw a need which became clerk to the Honorable Vincent S. Haneman of throughout the state of Florida. Many of my one of her greatest passions to date. She has the Superior Court of New Jersey, and there- constituents come from communities around traveled across the country conducting work- after joined the law firm of Dilworth Paxson, Indian River Lagoon, a portion of the AIWW, shops and speaking out for quality health care where he represented some of the nation’s and are able to find employment opportunities and services for our brothers, sisters and chil- most high-profile clients and rose to become in the industries that the Waterway provides. dren living with HIV/AIDS. chairman of the firm. In such tough economic times, this is ex- Sharonnie was born in the village of Bedford In 1980, Judge Kauffman was appointed to tremely important and should not be over- Stuyvesant. She is the mother of two sons, the Pennsylvania Supreme Court, where he looked. Da-Shawn and Jah-Son, and the proud grand- served with distinction for two years. In 1997, Madam Speaker, over the past ten years mother to Jaylin and Jah-Son, Jr. She is a President Bill Clinton nominated Judge AIWA has made significant contributions to woman of faith and believes if you put God at Kauffman to the United States District Court local communities. I urge them to continue the head and Jesus at the center of your life for the Eastern District of Pennsylvania. Dur- their essential work and support for the Water- that you won’t fail. Sharonnie attributes her ing his tenure, the Judge returned to his alma way. victories and successes, first and foremost to mater and served as an Adjunct Professor of f the Creator, her parents, family, her mentors, Law at the University of Pennsylvania. Judge JUDGE GEORGE D. CARROLL spiritual advisors and friends. Kauffman served on the District Court until his COURTHOUSE RENAMING CERE- Sharonnie has been recognized across the retirement from the Federal bench in July of MONY country for her activism on behalf of the un- 2009. derserved people in our communities. In sum- Those who know the Judge know that his marizing her commitment to family, church service is not finished, and that he is under- HON. GEORGE MILLER and community, she always says, ‘‘If I Can taking a new commitment to serve as Cochair- OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES Help Somebody Along The Way, Then My Liv- man of the Executive Committee at Elliott ing Would Not Have Been In Vain’’. Greenleaf, where he will be instrumental in Tuesday, October 20, 2009 Madam Speaker, I urge my colleagues to providing counsel to clients and mentoring at- Mr. GEORGE MILLER of California. Madam join me in recognizing Sharonnie M. Perry. torneys, as he has done for so many others Speaker, I rise today and invite my colleagues f throughout his career. to join me in honoring Judge George D. Car- Madam Speaker, Judge Kauffman has been PERSONAL EXPLANATION roll of Richmond, California, for his many an excellent jurist, teacher, and mentor for five years of service to the community. Judge Car- decades. On a more personal note, Judge roll has provided remarkable leadership to the HON. RANDY NEUGEBAUER Kauffman has been a mentor to me both pro- citizens of Richmond and his legacy will be OF TEXAS fessionally and personally, and was instru- forever recognized as the Richmond Court- IN THE HOUSE OF REPRESENTATIVES mental in introducing me to my wife, whom he house is renamed in his honor on October 16, Tuesday, October 20, 2009 mentored as well. Judge Kauffman has a 2009. George Carroll was born on January 6, Mr. NEUGEBAUER. Madam Speaker, I was proud record of service to our country and I 1923 in Brooklyn, New York. He served in the absent from votes on September 29 and 30, am proud to call him my friend. I congratulate United States Army during World War II and October 1 and October 6–8 for medical rea- Judge Kauffman for all his accomplishments was stationed in Italy. Judge Carroll subse- sons. Had I been present, I would have voted and wish him the best of luck in all of his fu- quently used his GI Benefits to attend college as indicated for each rollcall listed. I ask that ture endeavors. and law school, graduating from Brooklyn Col- my statement be included in the CONGRES- f lege in 1943 and Brooklyn Law School in SIONAL RECORD. RECOGNIZING THE ATLANTIC IN- Rollcall vote 740: ‘‘nay’’; rollcall vote 741: 1950. Following his admittance to the New TRACOASTAL WATERWAY ASSO- York Bar, he ran a private practice in New ‘‘yea’’; rollcall vote 742: ‘‘yea’’; rollcall vote CIATION ON THE OCCASION OF 743: ‘‘nay’’; rollcall vote 744: ‘‘nay’’; rollcall York from 1951–1952. ITS 10TH ANNIVERSARY In 1953, Judge Carroll moved to Richmond, vote 745: ‘‘yea’’; rollcall vote 746: ‘‘yea’’; roll- California and his trailblazing legacy began. call vote 747: ‘‘yea’’; rollcall vote 748: ‘‘yea’’; The same year he moved to Richmond, he and rollcall vote 749: ‘‘nay’’. HON. ALCEE L. HASTINGS became the city’s first African American lawyer Rollcall vote 750: ‘‘yea’’; rollcall vote 751: OF FLORIDA to practice law; serving in private practice until ‘‘yea’’; rollcall vote 752: ‘‘nay’’; rollcall vote IN THE HOUSE OF REPRESENTATIVES 1965. Judge Carroll continued to break racial 753: ‘‘yea’’; rollcall vote 754: ‘‘yea’’; rollcall Tuesday, October 20, 2009 barriers in 1961 by becoming the first African vote 755: ‘‘yea’’; rollcall vote 756: ‘‘nay’’; roll- Mr. HASTINGS of Florida. Madam Speaker, American elected to the Richmond City Coun- call vote 757: ‘‘nay’’; rollcall vote 758: ‘‘nay’’; I rise today to commemorate H. Res. 465, a cil. From 1964–1965 he served as Richmond’s and rollcall vote 759: ‘‘nay’’. resolution recognizing the Atlantic Intracoastal Rollcall vote 760: ‘‘nay’’; rollcall vote 761: first African American Mayor, a position un- Waterway Association (AIWA) on the occasion ‘‘nay’’; rollcall vote 762: ‘‘nay’’; rollcall vote precedented in any large American city. And of its 10th anniversary. As a proud co-sponsor 763: ‘‘yea’’; rollcall vote 764: ‘‘nay’’; rollcall finally, Judge Carroll became the first African of this legislation, I believe that AIWA’s vital vote 765: ‘‘nay’’; rollcall vote 766: ‘‘yea’’; roll- American County Supervisor for Contra Costa work has ensured open and safe for naviga- call vote 767: ‘‘yea’’; and rollcall vote 768: County, California. Governor Edmund G. (Pat) tion for recreational and commercial users ‘‘yea’’. Brown appointed Judge Carroll to the Contra throughout the Atlantic Intracoastal Waterway Costa Municipal Court in May 1965 making f (AIWW). him the first African American Judge to be ap- HONORING JUDGE BRUCE W. Since its completion in 1940, the Atlantic In- pointed in Contra Costa County, where he KAUFFMAN FOR HIS MANY tracoastal Waterway has provided a safe navi- served until his retirement in 1985. YEARS OF SERVICE TO THE gation channel for commercial shipping and Judge Carroll is a founding member of the LEGAL COMMUNITY support for and encouragement of interstate Judicial Council of the National Bar Associa- commerce. Unfortunately, the Waterway has tion and a lifetime member of the NAACP as HON. ROBERT E. ANDREWS suffered from a lack of maintenance, which well as the Sigma Pi Phi and Omega Psi Phi has resulted in a reduction of depth that has OF NEW JERSEY Fraternities. He is a former member of the hindered the Waterway’s ability to provide a IN THE HOUSE OF REPRESENTATIVES Charles Houston Bar Association, California safe and efficient transportation route. Recog- Judges Association, American Bar Associa- Tuesday, October 20, 2009 nizing this problem, AIWA has become an un- tion, American Judicature Society, World As- Mr. ANDREWS. Madam Speaker, I rise wavering advocate for appropriate dredging sociation of Judge of the World Peace today to honor the extraordinary contributions and adequate maintenance to promote safe, Through Law Center, Board of Governors of that Judge Bruce W. Kauffman has made to cost effective navigation, while balancing envi- the United Bay Area Crusade, Richmond the legal community in his five decades of ronmental needs. Boys’ Club and the Neighborhood House of service. I commend their tradition of excellence in North Richmond. A graduate of the University of Pennsylvania service to Waterway users, many of them are Madam Speaker, as a result of Judge and Yale Law School, Judge Kauffman began my constituents in Florida. The Waterway Carroll’s leadership, advocacy and promotion

VerDate Nov 24 2008 05:08 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\RECORD09\RECFILES\E20OC9.REC E20OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE October 20, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E2579 of equal rights, we as a community have ben- THE INSPECTOR GENERAL AU- Such vigorous oversight is a matter of good efitted tremendously. I am delighted to have THORITY IMPROVEMENT ACT OF government, regardless of whether we have a this opportunity to recognize Judge Carroll’s 2009 Democratic or Republican Administration. tireless efforts and ask all Members of the f House to join me in congratulating him as the HON. JOHN CONYERS, JR. PERSONAL EXPLANATION Richmond Courthouse is officially renamed OF MICHIGAN The George D. Carroll Courthouse. IN THE HOUSE OF REPRESENTATIVES HON. CAROLYN B. MALONEY Tuesday, October 20, 2009 f OF NEW YORK Mr. CONYERS. Madam Speaker, I am IN THE HOUSE OF REPRESENTATIVES pleased to introduce the ‘‘Inspector General SUPPORTING THE MISSION AND Tuesday, October 20, 2009 GOALS OF DOMESTIC VIOLENCE Authority Improvement Act of 2009.’’ AWARENESS MONTH This Act will provide the Inspector Generals Mrs. MALONEY. Madam Speaker, due to of the various agencies the authority to issue the death of my husband, Clifton H.W. subpoenas for the testimony of former employ- Maloney, I did not vote from September 29, HON. EDOLPHUS TOWNS– ees or contractors as part of certain investiga- 2009 through October 13, 2009. I missed roll- tions of wrongdoing. Under current law, a crit- call votes numbered 740–771. OF NEW YORK ical witness can evade being interviewed by Had I been present, I would have voted IN THE HOUSE OF REPRESENTATIVES an Inspector General, and thus seriously im- ‘‘yea’’ on rollcall votes Nos.: 740, 741, 742, pede an investigation, by simply resigning 743, 744, 745, 747, 748, 749, 750, 751, 752, Tuesday, October 20, 2009 from the agency. 753, 755, 756, 757, 758, 759, 760, 761, 762, In January of this year, I released a report 763, 764, 765, 766, 767, 768, 770, 771, 772, Mr. TOWNS. Madam Speaker, I rise today documenting several abuses and excesses of 773, and 774. I would have voted ‘‘nay’’ on in support of the observance of Domestic Vio- the Bush Administration. The Report, titled rollcall votes Nos.: 746, 754, and 769. lence Awareness Month, 2009. ‘‘Reining in theImperial Presidency: Lessons f I urge all Americans during Domestic Vio- and Recommendations Relating to the presi- EARMARK DECLARATION lence Awareness Month to understand the dif- dency of George W. Bush,’’ contained 50 sep- ferent faces of domestic violence, as it is not arate recommendations designed to restore defined only by battery against women and and support the traditional checks and bal- HON. MICHAEL K. SIMPSON children, but also includes domestic sexual as- ances of our constitutional system. This bill re- OF IDAHO sault, teen dating violence, and non-physical sponds to one of those recommendations. IN THE HOUSE OF REPRESENTATIVES As the Report details, that ability of Inspec- emotional abuse, such as name calling and in- Tuesday, October 20, 2009 timidation. tor Generals to investigate serious allegations of wrongdoing was significantly impeded dur- Mr. SIMPSON. Madam Speaker, in accord- Domestic violence, regardless of type, dis- ing the prior Administration because critical ance with the policies and standards put forth rupts the lives of men and women of all ages. witnesses could not be interviewed if they sim- by the House Appropriations Committee and Young children and adolescents are especially ply resigned during the investigation or had al- the GOP Leadership, I would like to place in at risk for complications as exposure to vio- ready left the agency. As a practical matter, the record a listing of the congressionally di- lence can lead to behavioral and emotional the witnesses were beyond the reach of the rected project I requested in my home state of problems. Inspector General, and their knowledge of po- Idaho that is contained in the Conference Re- The American Recovery and Reinvestment tential wrongdoing went with them. port accompanying H.R. 2892, the FY2010 Homeland Security Appropriations bill. Act (Recovery Act), which I proudly co-spon- For example, in the investigation of potential Project Name: Power and Cyber Systems sored, provides $225 million to the U.S. De- misconduct by Monica Goodling, the Depart- Protection, Analysis, and Testing Program partment of Justice Office on Violence Against ment of Justice Inspector General was unable Amount: $3,000,000 Women, targeted at developing and sup- to obtain witness statements from those who had resigned and thus were no longer avail- Account: NPPD Infrastructure Protection porting the capacity of state, local, tribal, and able. Similarly, the Department of Homeland and Information Security non-profit entities involved in responding to vi- Security Inspector General was limited in his Recipient: Idaho National Laboratory olence against women and also in helping ability to conduct a complete investigation into Recipient’s Street Address: 2525 North them find alternative housing. I am also the circumstances surrounding the rendition of Freemont St, Idaho Falls, Idaho 83415 pleased that the Violence Against Women Act Canadian citizen Mohammed Arar to Syria. Description: This funding will be used to (VAWA)—its passage in 1994 strongly by then His Report stated bluntly: ‘‘Many of the prin- conduct vulnerability analysis, testing, and pro- Senator JOSEPH R. BIDEN Jr.—and the Victims cipal decision-makers involved in the Arar tection of power and cyber connected systems of Crime Act (VOCA) also received Recovery case have left government service and de- for the Department of Homeland Security, uti- Act funding to boost the federal VAWA and clined our requests for interviews. As they are lizing the unique resources available at the VOCA funds that are already allocated to state no longer DHS employees, we cannot compel Idaho National Laboratory, such as the electric and local governments each year. them to speak with us.’’ grid, SCADA and control systems, cyber and Furthermore, in my home state of New It is important to note that this bill contains communication test beds, and the explosives York, Governor David Paterson signed a bill important limitations on the Inspector Gen- test range. The project entails collaboration into law last month that takes a stronger re- erals’ subpoena power in order to prevent with leading universities and other National sponse against domestic violence offenders abuse or damage to ongoing investigations. Laboratories to leverage ongoing research at and expands protection orders for victims. Most prominently, an Inspector General can- these institutions and advance the state of the With this advancement in New York’s state not issue a subpoena if the Department of art in building resilience into infrastructure sys- law, New York is leading the nation in Justice concludes in a particular case that the tems. The funding will be used to obtain full- strengthening our judicial system to stamp out taking of a deposition would interfere with civil scale systems in sectors of interest to DHS for domestic violence and abuse. or criminal litigation. testing of vulnerabilities, identification of pro- I believe that with this limitation, this legisla- tection strategies, and evaluation of resilient Though we may be taking great strides at tion strikes an appropriate balance between designs; partner with universities and National the federal and state levels in addressing do- the need for an independent Inspector Gen- Laboratories to develop resilient control sys- mestic violence, we cannot ignore that the eral to investigate administrative wrongdoing tems; and establish a program that develops problem originates in the home. If you feel you and the responsibility of the Attorney General new protection schemes. The INL is uniquely are or someone you know is a victim of do- to enforce our criminal laws and protect the placed to carry out this program, which mestic violence, please call the National Do- civil interests of the United States Govern- leverages its ongoing work in this area spon- mestic Violence Hotline at 1–800–799–SAFE. ment. sored by DOD, DHS, and Intelligence Agen- Working together, we can all play a vital role This legislation will go a long way in fos- cies and its established relationships with in- in creating awareness about domestic violence tering transparency in government by improv- dustry, universities, and National Laboratories. and working toward ending this intolerable be- ing the Inspector Generals’ tools and permit I appreciate the opportunity to provide a list havior. them to effectively carry out their mission. of the Idaho project that has received funding

VerDate Nov 24 2008 05:08 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\RECORD09\RECFILES\E20OC9.REC E20OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE E2580 CONGRESSIONAL RECORD — Extensions of Remarks October 20, 2009 in the Conference Report for the FY2010 friends, all those who have been touched by ty-two acres of the nearby forest was donated Homeland Security Appropriations bill and pro- her compassion, and me in recognizing the by the Del Monte Properties Company as a vide an explanation of my support for it. outstanding and invaluable service of Sister building site for a larger, modern hospital. In f Jacqueline Burns. 1962 the new $3.5 million 210,000-square foot Community Hospital of the Monterey Penin- TRIBUTE TO SISTER JACQUELINE f sula opened with 100 beds, the first commu- BURNS, S.C. A TRIBUTE TO STEVEN nity hospital in the country to have all private MAURIELLO rooms. The design by architect Edward Durell HON. BILL PASCRELL, JR. Stone won state and national awards for ex- OF NEW JERSEY HON. EDOLPHUS TOWNS– cellence in architecture. Two-thirds of the IN THE HOUSE OF REPRESENTATIVES OF NEW YORK funding came from community donations. Tuesday, October 20, 2009 IN THE HOUSE OF REPRESENTATIVES CHOMP continued to expand; over the next Mr. PASCRELL. Madam Speaker, I would Tuesday, October 20, 2009 10 years 72 more rooms were added, includ- like to call to your attention the work of an out- Mr. TOWNS. Madam Speaker, I rise today ing a mental health center, and a dome was standing individual, Sister Jacqueline Burns, in recognition of Steven Mauriello, Deputy In- constructed over the signature Fountain Court. who was recognized by the St. Joseph’s Re- spector of the 81st Precinct and honorable The cost of the construction was $4 million, gional Medical Center Foundation with the public servant. and again, half of it was paid for by contribu- 2009 William F. Johnson Award for her many Deputy Inspector Mauriello is a graduate of tions from the community. years of dedicated service to the people of her St. Johns University in Queens, New York, The hospital developed a growing range of community. where he attained a Bachelors Degree with a services that added 42,000 square feet to It is only fitting that she be honored in this, major in Criminal Justice and a minor in Psy- house outpatient, educational, and business the permanent record of the greatest democ- chology. He is currently attending the Police offices. A new outpatient Surgery Center racy ever known, for she has been a true pub- Management Institute of Columbia University began performing more than half of all the lic servant and someone whose spiritual com- at West Point. hospital’s surgeries. A Family Birth Center mitment has helped to enhance countless Deputy Inspector Mauriello became a mem- opened with single-room maternity care. Home lives. ber of the New York City Police Department in health agencies were acquired, as well as a Sr. Jacqueline has been an integral part of the year 1989 and, upon his graduation from hospice facility and services. The Comprehen- advancement towards improving healthcare. the Police Academy, was assigned to neigh- sive Cancer Center opened in 1999, providing As the founding chair of St. Joseph’s borhood stabilization unit number six as a po- the best available diagnosis, treatment, and Healthcare System, she spearheaded the inte- lice officer, patrolling the 25th, 28th and 32nd support for cancer patients and their families. gration of St. Joseph’s Regional Medical Cen- Precincts in northern Manhattan. Shortly there- CHOMP also added off-campus sites to ter, St. Joseph’s Wayne Hospital, St. Joseph’s after, he was assigned to the 34th Precinct in meet the expanding demands of health care Children’s Hospital, St. Vincent’s Nursing Washington Heights, New York, as a patrol of- on the Peninsula. The old Eskaton Monterey Home, and Visiting Health Services of New ficer. In 1993, he was assigned to the Manhat- Hospital, built in 1930 and acquired by Jersey. Sr. Jacqueline truly revitalized the mis- tan North Narcotics Division and, on achieving CHOMP in 1982, was remodeled. Renamed sion, vision and values of St. Joseph’s, and the rank of Sergeant in 1994, he was as- the Hartnell Professional Center, it now under her leadership, it became the region’s signed to the 79th Precinct and Brooklyn houses outpatient mental health services, a leading healthcare system. North Warrants Unit. recovery center, a cardiopulmonary wellness Though she is clearly dedicated to Upon his promotion to Lieutenant in 2000, and blood center, laboratories, and the Clint healthcare, Sr. Jacqueline’s passion for edu- Deputy Inspector Mauriello was assigned to Eastwood Youth Program. A Breast Care Cen- cation has always been evident. She began the 88th Precinct and 90th Precinct until his ter opened near downtown Monterey, offering her career teaching elementary and secondary promotion to the rank of Captain in 2003. As comprehensive breast care services, and an school where she helped students on the path Captain, he was assigned to the 77th Precinct Outpatient Campus that treats sleep disorders, to learning for almost 15 years. She went on and 94th Precinct before becoming the com- and offers diabetes and nutrition therapy, im- to earn multiple graduate degrees including a manding officer of the Patrol Borough Brook- aging, and laboratories. doctorate from Catholic University. Sr. Jac- lyn North Anti-Crime Unit. In 2007, Deputy In- In recent years the emergency and ICU de- queline soon returned to her alma mater, The spector Maurriello was assigned to the 81st partments were updated and moved to a new College of St. Elizabeth, where she would go Precinct in the capacity of Executive Officer. In wing. CHOMP continues to expand and im- on to serve for more than thirty years. She 2008, he was elevated to Commanding Officer prove with the times to meet the needs of the was academic dean for ten years and Presi- of the 81st Precinct, and then was promoted community. dent for sixteen. Throughout her time at the to the rank of Deputy Inspector in which he Throughout the years, CHOMP has served college, she sat on many state and national presently serves the residents of the Bedford- the entire spectrum of hospital health care organizations’ Boards of Trustees, often rising Stuyvesant community. needs of my family. My parents received their to leadership positions. She was a member of Madam Speaker, I urge my colleagues to end-of-life care there. Both my wife and I have the New Jersey Board of Higher Education join me in recognizing Steven Mauriello. received care there, and both my daughter and designed the present governance model f and granddaughter were born there. It truly is used for all policy development and approvals our community hospital. for new programs for public and independent HONORING THE COMMUNITY HOS- Madam Speaker, I know the whole House institutions in the state. In doing this work, she PITAL OF THE MONTEREY PE- joins me in congratulating Community Hospital gained extensive experience in government NINSULA of the Monterey Peninsula on its anniversary, relations at both the national and local level. and wish them many more years of quality As a Sister of Charity, Sr. Jacqueline has HON. SAM FARR service to the public. been elected to every General Assembly of OF CALIFORNIA f the congregation since 1968 when it was first IN THE HOUSE OF REPRESENTATIVES begun. She has gone on to chair many of its CONGRATULATING ANN AND LEO Tuesday, October 20, 2009 committees and in 1999, was elected to the MOSKOVITZ, RECIPIENTS OF THE General Council and filled the position of Mr. FARR. Madam Speaker, I rise today to 2009 MONSIGNOR MCGOWAN COR- Treasurer of the Sisters of Charity Corpora- draw attention to the 75th anniversary of Com- NERSTONE AWARD tion. She has received many other honors munity Hospital of the Monterey Peninsula, or throughout the years, and was recently award- CHOMP, as the locals fondly call it. It started HON. PAUL E. KANJORSKI ed the AMA Lifetime Achievement Award. in 1929 as the Carmel Clinic specializing in OF PENNSYLVANIA The job of a United States Congressman in- metabolic disorders, endowed by a gift from IN THE HOUSE OF REPRESENTATIVES volves much that is rewarding, yet nothing Grace Deere Velie Harris, heiress of the Tuesday, October 20, 2009 compares to learning about and recognizing Deere tractor family. Over the years it grew the efforts of exceptional individuals like Sister into a 30-bed general hospital and in 1934 Mr. KANJORSKI. Madam Speaker, I rise Jacqueline Burns. was renamed Peninsula Community Hospital. today to ask you and my esteemed colleagues Madam Speaker, I ask that you join our col- Post World War II saw an increase in the in the House of Representatives to pay tribute leagues, Sister Jacqueline’s family and population on the Monterey Peninsula. Twen- to Ann and Leo Moskovitz, recipients of this

VerDate Nov 24 2008 05:08 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\RECORD09\RECFILES\E20OC9.REC E20OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE October 20, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E2581 year’s Monsignor McGowan Cornerstone RECOGNIZING THE SCHOOL OF over 50,000 hours of service to 155 Greater Award. HEALTH PROFESSIONS AT Boston schools and nonprofit organizations. This prestigious award is presented annually YVONNE A. EWELL TOWNVIEW Throughout the year Boston Cares volunteers to individuals who best exemplify the spirit, CENTER have consistently gone above and beyond, leadership and service of the late Monsignor from a drive that raised a thousand pounds of Andrew J. McGowan as a catalyst for social, HON. EDDIE BERNICE JOHNSON food per day throughout the month of Feb- cultural and economic growth and promoting OF TEXAS ruary for struggling food pantries, to gener- the charitable ideals of philanthropy and col- IN THE HOUSE OF REPRESENTATIVES ating an additional 2,000 volunteer hours dur- laboration in Northeastern Pennsylvania. ing this summer’s United We Serve campaign. Mr. Moskovitz was affiliated with his family’s Tuesday, October 20, 2009 Madam Speaker, I am pleased to com- dry goods business and later with the Hudson Ms. EDDIE BERNICE JOHNSON of Texas. memorate this 20-year milestone for Points of Coal Company before embarking on a banking Madam Speaker, I rise today to recognize the Light and I congratulate them on 20 years of career with First National Bank of Jermyn. School of Health Professions at Yvonne A. identifying and managing people-powered After serving as cashier and then vice presi- Ewell Townview Center in Dallas, Texas for projects to tackle critical problems across the dent, Mr. Moskovitz was named president in receiving the Blue Ribbon Award from the nation. I urge all of my colleagues to join with 1961 where he forged a reputation as a leader U.S. Department of Education. me in honoring Points of Light and Boston in automobile and small business financing This prestigious award is given to public and Cares. and home mortgages. He also led the way in private elementary, middle, and high schools f promoting women to administrative positions that show outstanding gains in student in the bank. achievement as well as superior academic SECTION BY SECTION ANALYSIS— After a prominent career, he retired as programs. Additionally, it recognizes the USA PATRIOT AMENDMENTS ACT President of the First National Bank of Jermyn achievements of institutions that have a large OF 2009 in 1993 after more than 40 years of service portion of students who come from disadvan- that saw the bank’s assets increase nearly a taged backgrounds. Many times, these HON. JOHN CONYERS, JR. hundredfold to $300 million under his leader- schools serve as models for other institutions OF MICHIGAN ship. across the country and offer insight into the IN THE HOUSE OF REPRESENTATIVES Active in the community, Mr. Moskovitz ways we can improve education in some of Tuesday, October 20, 2009 served two terms as a member of Jermyn Bor- our most troubled neighborhoods. Mr. CONYERS. Madam Speaker, I submit ough Council and he was chairman of the In Dallas, there were a total of four institu- Pennsylvania State School for the Deaf. the following: tions that were selected for this award. In ad- Sec. 1. Short title and table of contents. Mrs. Moskovitz, Mr. Moskovitz’ wife of 38 dition to the School of Health Professions, Section 1 names this Act the ‘‘USA PA- years, graduated from Temple University’s George B. Dealey Montessori Academy, TRIOT Amendments Act of 2009’’ and pro- School of Pharmacy after which she worked in George Peabody Elementary School, and Vic- vides a table of contents for the entire bill. that profession for 30 years. She, too, has tor H. Hexter Elementary School were also se- TITLE I—USA PATRIOT ACT RELATED been highly active in the community, serving lected as Blue Ribbon Award recipients. AMENDMENTS on boards and committees of many edu- Madam Speaker, I ask my fellow colleagues Sec. 101. Roving Wiretaps. Sec. 101 clarifies cational, health care and cultural organiza- to join me in recognizing the accomplishments that when the government only provides a tions, including Mercy Healthcare Foundation of the School of Health Professions at Yvonne description of the target of surveillance for Board, University of Scranton, Northeastern A. Ewell Townview Center in addition to all the purposes of obtaining a warrant (whether or Pennsylvania Philharmonic League Board, schools across the country that were awarded not that warrant is for a regular or roving FISA warrant), that description must be suf- United Way of Lackawanna County, the Coun- with this prestigious honor. try Club of Scranton, Mercy Hospital, Sacred ficient to allow a court to determine that f the target is a single individual. Heart of Mary Church and the Greater Scran- Sec. 102. Extension of Sunset of Sections ton Chamber of Commerce. IN RECOGNITION OF THE 20TH AN- 206 and 215 of USA PATRIOT Act. Sec. 102 ex- Mrs. Moskovitz formerly served on boards NIVERSARY OF POINTS OF tends the sunset dates of roving wiretaps and and committees of St. Joseph’s Center, The LIGHT FISA business records to December 31, 2013. Lucan Center for the Arts, Cultural Council, Sec. 103. Access to Certain Tangible Things the Philharmonic Women’s League of Scran- HON. STEPHEN F. LYNCH under section 501 of the Foreign Intelligence ton, the Women’s Golf Association of the Surveillance Act of 1978. Sec. 103 (§ 215 tan- OF MASSACHUSETTS gible things) requires a statement of specific Country Club of Scranton; St. Joseph’s Hos- IN THE HOUSE OF REPRESENTATIVES and articulable facts showing that the tan- pital in Carbondale, Allied Services, Visiting Tuesday, October 20, 2009 gible things sought are relevant to an au- Nurse Association, Temple Hesed Sisterhood, thorized investigation, other than a threat Family Services of Lackawanna County, Mr. LYNCH. Madam Speaker, I rise today to assessment. The ‘‘specific and articulable’’ Mercy Health Care System and the American commemorate the 20th anniversary of the language is not present in the current law, Cancer Society’s Daffodil Days. Points of Light initiative. Established by a call and is a more exacting standard for govern- Mrs. Moskovitz was a former commentator to service by President George H. W. Bush, ment to meet. for the Radio Broadcasting Program for the Points of Light has led our nation to tremen- This section also retains the concept that certain types of records are ‘‘presumptively Blind Association and was Jermyn’s coordi- dous gains in service and volunteerism over relevant’’ to a counterterrorism or counter- nator of volunteers each year for the Blind As- the past two decades. intelligence related investigation (assuming sociation Days. She has served on the Laity The Points of Light Foundation has recently an appropriate statement containing specific Committee of the Diocesan Synod, Pre- merged with Hands On Network to form the and articulable facts). The retention of the paratory Commission of the Hospital Trustee Points of Light Institute. On this special 20th ‘‘presumptive relevance’’ for documents per- Association, Women’s Activities at the Scran- anniversary, I want to commend this organiza- taining to foreign powers or agents of a for- ton Club, Saint Andrea Society, St. Joseph’s tion for its extraordinary work in the promotion eign power accomplishes two important Center Auxiliary, Hadassah and the Society of of service, while transforming communities goals. First, it puts the government and a court on notice that these types of records Pennsylvania Hospital Pharmacists. Mrs. throughout America. are the type of documents that Congress gen- Moskovitz was a recipient of the Globe Store In 2008, the Points of Light Institute and its erally expects the government will be pur- and Estee Lauder Star Achiever Award for 250 Hands On volunteer action centers en- suing in furtherance of authorized counter- outstanding service in northeastern Pennsyl- gaged over 1.2 million volunteers in service terrorism and counterintelligence investiga- vania. and managed over 520,000 volunteer projects. tions. The presumptive relevance standard Madam Speaker, please join me in con- The value of this service is beyond measure does not, however, allow the government to gratulating Ann and Leo Moskovitz on this to the neighborhoods that have been positively obtain the documents merely by showing rel- auspicious occasion. Their selection to receive impacted by this remarkable contribution to evance to a foreign power or agent of a for- the Monsignor McGowan cornerstone Award the health and welfare of communities eign power through a statement of ‘‘specific and articulable facts.’’ A court must also is entirely fitting because their lives reflect an throughout the United States. find that the requested records are actually extraordinary level of service and contribution One of Points of Light’s affiliates is Boston relevant to an authorized investigation. to their community where they have improved Cares. This year alone, Boston Cares has mo- Second, the government may be able to ac- the quality of life for all. bilized 18,250 volunteers who have donated quire certain records even if it cannot show

VerDate Nov 24 2008 05:08 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\RECORD09\RECFILES\E20OC9.REC E20OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE E2582 CONGRESSIONAL RECORD — Extensions of Remarks October 20, 2009 that the documents are relevant to a foreign minimization procedures for pen registers national security letter or the existence of power or agent of a foreign power. However, and trap and trace devices, and allows FISA the national security letter. The nondisclo- these types of records, which do not fall into court judges to assess the government’s com- sure requirement remains in effect during the ‘‘presumptively relevant’’ category, pliance with these minimization procedures. the pendency of any judicial review pro- would be evaluated with a higher degree of These are new requirements. ceedings. The government’s application for a scrutiny by a court. The court would deter- Sec. 109. Public Reporting on the Foreign nondisclosure order must include a certifi- mine whether or not the government pre- Intelligence Surveillance Act. Sec. 109 re- cation from the Attorney General, Deputy sented specific and articulable facts to show quires annual public reporting of aggregate Attorney General, or the Director of the FBI relevance to an authorized investigation. numbers of requests for surveillance that (or the head of another agency if not part of With respect to judicial review, current also include a breakdown of requests for (a) DOJ) containing a statement of specific and law requires the recipient of a nondisclosure electronic surveillance, (b) physical articulable facts indicating that disclosure order associated with a § 215 order to wait a searches, (c) orders for tangible things (Sec- may result in a danger to the national secu- year before seeking judicial review of the tion 215 orders), and (d) pen registers. Cur- rity of the United States, interference with a nondisclosure order. Sec. 103 allows a recipi- rent law requires only public reporting of the criminal, counterterrorism, or counterintel- ent to challenge both the underlying order above categories in the aggregate. ligence investigation, interference with dip- and any associated nondisclosure order im- Sec. 110. Challenges to Nationwide Orders lomatic relations, or danger to the life or mediately. In addition, the government must for Electronic Surveillance. Sec. 110 allows a physical safety of any person. If a court de- notify the recipient of a right to challenge provider of electronic communication serv- termines that there is reason to believe that the legality of the production order or non- ice or remote computing service to challenge disclosure will result in one of the enumer- disclosure order, and the procedure to follow a subpoena, order, or warrant requiring dis- ated harms, the court will issue a nondisclo- to file such a petition at the time the gov- closure of customer communications or sure order for no longer than 180 days. The ernment serves the § 215 order on the recipi- records in either the district in which the government can seek renewals of nondisclo- ent. Absent bad faith on the part of the gov- order was issued or the district in which the sure orders for additional periods of no ernment, current law also allows a certifi- order was served. longer than 180 days each. If there comes a cation by a high level official to conclusively TITLE 11—NATIONAL SECURITY LETTER REFORM time when the facts supporting a nondisclo- defeat a challenge to a nondisclosure order. Sec. 201. Short Title. Sec. 201 indicates sure order issued by the court cease to exist, Sec. 103 eliminates the concept of a ‘‘conclu- that title II shall be cited as the ‘‘National the government must promptly notify a re- sive certification’’ entirely. cipient who sought judicial review of a non- Compliance assessments of minimization Security Letter Reform Act of 2009.’’ Sec. 202. Sunset. Section 202 provides a disclosure order that the nondisclosure is no procedures pertaining to § 215 orders are now longer in effect. facilitated by allowing FISA court judges to sunset date of December 31, 2013 for national security letters, with the effect of returning Current law neither requires the recipient review government compliance with mini- to formally notify the government if ‘‘he’’ mization procedures associated with specific the relevant national security letter statutes to read as they read on October 25, 2001. wishes to seek judicial review, nor specifies orders. A request for § 215 records cannot be that the government will initiate such court made to a library or bookseller for documen- Sec. 203. National Security Letter defined. Sec. 203 defines ‘‘national security letter,’’ review by applying for a court order. The tary materials that contain personally iden- government is also not required to notify a tifiable information concerning a patron. for the purposes of this bill, as a request for information under one of the enumerated recipient who sought judicial review of a None of these elements are present in the nondisclosure if or when such an order would current law. provisions of law. Sec. 204. Modification of Standard. Sec. 204 cease to exist based on a change in facts sup- Sec. 104. Sunset Relating to Individual Ter- porting the nondisclosure order. In addition, rorists as Agents of Foreign Powers. Sec. 104 requires an official with authority to issue a national security letter to document and re- absent bad faith on the part of the govern- allows the ‘‘Lone Wolf’ provision to sunset ment, current law also allows a certification on December 31, 2009. ‘‘Lone Wolf’’ is not re- tain a statement of specific and articulable facts showing that there are reasonable by a high level government official to con- authorized. clusively defeat a challenge to a nondisclo- Sec. 105. Audits. Sec. 105 requires the DOJ grounds to believe that the information sought pertains to a foreign power or agent sure order if the challenge is filed within one Inspector General to audit and submit re- year of the request for records. Current law ports to Congress for 215 tangible thing or- of a foreign power. This standard changes the focus of the ‘‘relevance’’ required under also allows a recertification made by high ders, National Security Letters (NSLs), and level officials to be treated as conclusive, un- FISA pen register/trap and trace orders for current law from ‘‘authorized investigation’’ to ‘‘foreign power or agent of a foreign less made in bad faith. Sec. 207 eliminates all calendar years through 2013. the concept of a ‘‘conclusive certification’’ Sec. 106. Criminal ‘‘sneak and peek’’ power.’’ In addition, current law does not di- entirely. Moreover, this section corrects con- searches. Sec. 106 requires the government to rectly couple the relevance standard with stitutional defects in the nondisclosure or- seek an extension for delaying notice of the ‘‘specific and articulable’’ facts as support ders pertaining to national security letters search after seven (7) days, not the current for relevance—a more exacting standard for as addressed in Doe v. Mukasey, 549 F.3d 861 thirty (30) days. Any extension to delay no- the government to meet. Current law also (2nd Cir. 2008). tice granted by a court cannot be longer does not require the government to create Sec. 208. Minimization Procedures. Sec. 208 than 21 days at a time. In addition, any ap- and maintain a record of such facts at the requires the Attorney General to establish plication for extension must be made by the time the national security letter is issued. minimization and destruction procedures to Senate-confirmed United States Attorney for Sec. 205. Notification of Right to Judicial ensure that information obtained pursuant the district seeking the delay. This section Review of Nondisclosure Order. Sec. 205 re- to a national security letter regarding per- also narrows the circumstances under which quires the government to notify a recipient sons that are no longer of interest in an au- the government could obtain a ‘‘sneak and of a national security letter of (1) a right to thorized investigation is destroyed. peek’’ warrant by eliminating ‘‘otherwise se- judicial review of any nondisclosure require- riously jeopardizing an investigation or un- ment imposed in connection with that na- f tional security letter and, (2) that the non- duly delaying a trial’’ as a situation that A TRIBUTE TO JUANITA THERESA would permit the issuance of a ‘‘sneak and disclosure requirement will remain in effect peek’’ warrant. during the pendency of any judicial review WILLIAMS LEVELL Sec. 107. Use of Pen Registers and Trap and proceedings. Current law does not require Trace Devices under title 18, United States such notification. HON. EDOLPHUS TOWNS– Sec. 206. Disclosure for Law Enforcement Code. Sec. 107 requires the application for a OF NEW YORK pen register to contain a statement of spe- Purposes. Sec. 206 requires the Attorney IN THE HOUSE OF REPRESENTATIVES cific and articulable facts showing that the General to authorize the use of any informa- information likely to be obtained is relevant tion acquired or derived from a national se- Tuesday, October 20, 2009 curity letter in a criminal proceeding. Cur- to an ongoing criminal investigation. Cur- Mr. TOWNS. Madam Speaker, I rise today rent law only requires a certification by the rent law does not require such ‘‘use author- applicant. ity’’ for national security letters. in recognition of Juanita Theresa Williams Sec. 108. Orders for Pen Registers and Trap Sec. 207. Judicial Review of National Secu- Levell, an educator in my Congressional Dis- and Trace Devices for Foreign Intelligence rity Letter Nondisclosure Order. Sec. 207 es- trict. Purposes. Sec. 108 requires the application tablishes additional procedures for a recipi- As a young woman working and attending for a pen register to contain a statement of ent to seek judicial review of a nondisclosure college, Juanita met and fell in love with Bryan specific and articulable facts relied upon by requirement imposed in connection with a Lloyd Levell in June of 1960. They were mar- the applicant to justify the belief that the national security letter. If the recipient ried one year later. Bryan was a New York information likely to be obtained is foreign wishes to have a court review a nondisclo- intelligence information not concerning a sure requirement, the recipient must notify City Police Officer serving with the 79th Pre- United States person or is relevant to an on- the government. Not later than thirty days cinct and was one of the first set of officers to going investigation. Current law only re- after the receipt of notification, the govern- serve in the newly created Patrol Brooklyn quires a certification by the applicant. This ment must apply for a court order prohib- North. They were blessed with four children, section also requires the implementation of iting the disclosure of information about the Antoinette Jacobii Levell Brown, twins Adrian

VerDate Nov 24 2008 05:08 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\RECORD09\RECFILES\E20OC9.REC E20OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE October 20, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E2583 Mary Levell Peart Straker, the late Andrea and the notorious 1968 riots, which ravaged In the late 19th and early 20th centuries, May Levell Franklin, and one son Bryan much of the city. During that dark night, Ben’s residents of Westminster found jobs in neigh- James Levell. Mrs. Levell used to say having Chili Bowl was one of only two establishments boring cities. Indeed, it became clear that four children in five years was like having her left unscathed. Westminster now had the strategic advantage own classroom. A graduate of the New York In the early 1990s, Ben’s Chili Bowl stood of being located on and near major highways City public school system, she completed her as an unyielding anchor of the neighborhood’s that pass through the Commonwealth. undergraduate degree at Brooklyn College rebirth, and continues to serve dignitaries, ce- Today, Westminster’s cultural heritage and and received her Master’s degree in Linguis- lebrities, and local guests alike. All are loyal rural, scenic beauty are appreciated by resi- tics from Long Island University. customers of Ben’s Half-Smokes and Chili dents and visitors alike. The Westminster Armed with her faith, a wonderful mother Cheeseburgers, a personal favorite of mine Cracker Factory, the longest running cracker and supportive extended family, Juanita since 1969. bakery in the country, closed in the 1970s but pushed ahead to achieve her goals. She Ben’s Chili Bowl will persist as a Wash- the red clapboard building is a landmark which began working in the New York City public ington institution, a symbol of unity and anchors the east end of Main Street. The town school system as a teacher of English as a strength in a city that has seen its share of common on top of Academy Hill and the town Second Language commonly known as E.S.L. hard times. Today, a tourist may dine next to center are remarkably preserved and greatly Juanita was serving in a school that had stu- an elected official, or a school boy next to his contribute to the Town’s distinction of having dents from well over 50 countries speaking sports hero, as they all gather together for the one of the largest National Register Historic over 100 languages. She has taught from ele- incomparable experience of enjoying Ben’s fa- Districts in Massachusetts. Visitors of all ages mentary through high school, as well as adult mous chili. enjoy Westminster—whether by skiing, hiking education. Her participation in conferences, Madam Speaker, I ask that we honor Ben or viewing the autumn foliage on Mount seminars and workshops for over 30 years Ali for his exceptional contributions to our Wachusett, dining at the Old Mill while watch- has kept her current and well qualified in her community. The vital role that both he and ing ducks swimming on the nearby pond, or profession. Ben’s Chili Bowl will continue to play in Wash- taking a tour of Wachusett Brewery. Juanita retired in 2008 from her full-time ington will be his lasting legacy. I ask that my I am very proud to represent this commu- teaching position but continues to work part- colleagues join me in paying tribute to Mr. Ben nity, which is rich in history, in natural beauty, time as an English teacher. The connection to Ali. and in the public spirit of its citizenry. Please her community and her faith has been a f join me in congratulating the Town of West- steady part of Juanita’s life from her work in TRIBUTE TO THE TOWN OF WEST- minster as it celebrates its 250th Anniversary. the church, in school and in her neighborhood. MINSTER ON THE OCCASION OF f Juanita has been a member of civic and social THE 250TH ANNIVERSARY OF ITS EL MUSEO DEL BARRIO’S 40TH groups from childhood to the present. She has FOUNDING been active with Cornerstone Baptist Church, ANNIVERSARY the Jewels S.C., NAACP, Alpha Kappa Alpha HON. JOHN W. OLVER ´ Sorority Inc.–Delta Rho Omega Chapter, Jack OF MASSACHUSETTS HON. JOSE E. SERRANO OF NEW YORK and Jill of America, Inc. (Brooklyn Chapter), IN THE HOUSE OF REPRESENTATIVES American Association of University Women, IN THE HOUSE OF REPRESENTATIVES Tuesday, October 20, 2009 Verona Place–Macon Street Block Associa- Tuesday, October 20, 2009 tion, United Federation of Teachers, National Mr. OLVER. Madam Speaker, I rise today to Council of Negro Women, Brooklyn Historical celebrate the founding of Westminster, Massa- Mr. SERRANO. Madam Speaker, I rise Society, Schomburg Center for Cultural Learn- chusetts 250 years ago on October 20, 1759. today to recognize a milestone event in the ing, Brooklyn College Alumni Association, As- The following history provided by the Town’s cultural history of New York City. This month, sociation of Blacks in Education—NY, Busi- 250th Anniversary Committee vividly details a El Museo del Barrio, New York’s leading ness and Professional Women’s Organization community with a rich cultural heritage and Latino cultural institution, celebrates its 40th of Cornerstone Baptist Church, Women’s Cau- great natural beauty. Anniversary. There is much to be proud of cus for Congressman Towns, and AARP. Nestled at the foot of Mount Wachusett, the when we speak of El Museo: the beautiful Madam Speaker, I urge my colleagues to highest mountain in central Massachusetts, physical space it now occupies; the extraor- join me in recognizing Juanita Theresa Wil- Westminster was unsettled territory at the be- dinary talent it continues to attract; the superb liams Levell. ginning of the 18th century. The land had quality of its collections; and the profes- sionalism and dedication of its staff. But for f been designated as payment for soldiers who had fought in King Phillip’s War, but for many me what stands out most about El Museo is SALUTING THE MEMORY OF BEN years no one was interested in leaving the that it has never stopped growing and evolv- ALI, FOUNDER OF WASHINGTON comforts of home to settle in the wilderness. ing. Much like the community in which it D.C.’S BEN’S CHILI BOWL In 1737, however, the descendants of those makes its home, El Museo continues to re- veterans and others were drawn to the re- invent itself for new waves of residents and HON. WM. LACY CLAY gion’s bounty and began to settle the region. new generations of New Yorkers. OF MISSOURI As the population grew it became a district in El Museo del Barrio was founded 40 years IN THE HOUSE OF REPRESENTATIVES 1759 and was given the name of Westminster, ago by Puerto Rican artist and educator Raph- a name rooted in traditions of England. Full in- ael Montailez Ortiz, who gathered together Tuesday, October 20, 2009 corporation of the town came in 1770. parents, artists, and activists, to address the Mr. CLAY. Madam Speaker, I rise today to On June 10, 1776 Westminster residents absence of Puerto Rican and other Latino art- salute the memory of Ben Ali, founder and voted to ‘‘stand by and support the (Conti- ists at larger mainstream institutions. Since its owner of Ben’s Chili Bowl, a local historical nental Congress) with their lives and fortunes founding, El Museo has been dedicated to landmark. Dubbed ‘‘King of the Half-Smoke’’ if they should declare independence on the showcasing Latino culture. Its permanent col- by Washingtonians who flocked to Ben’s daily, Crown of Great Britain.’’ During the American lection includes over 6,500 objects which span Mr. Ali died earlier this month at the age of 82. Revolution, three hundred fifty six Westminster more than 800 years of Latin American, Carib- Ben Ali exemplified the American Dream men served either as Minutemen or enlisted bean, and Latino artistic expression. A won- through his entrepreneurial spirit and endur- soldiers in the American Continental Army. derfully diverse body of art, this collection in- ance. An immigrant from Trinidad, Ben Water was essential to the early industrial cludes everything from pre-Columbian Taino opened his namesake restaurant on August growth of Westminster in the 19th century, be- artifacts to twentieth-century drawings and 22, 1958 with the help of his wife, Virginia. In ginning with sawmills, gristmills, fulling mills, paintings, to prints, sculpture, photography the process, Mr. Ali shaped the city of Wash- and tanneries. These industries were followed and documentary film and video. Located at ington and its unique U–Street Corridor by by the manufacturing of chairs, other furniture, the corner of Fifth Avenue and E. 104th serving his trademark chili dishes to genera- and paper. But when the railroad bypassed Street, El Museo is firmly situated on New tions of diners. the center of town in mid-century, the factories York’s illustrious Museum Mile, but is also far Opened during U Street’s heyday as an Afri- lost their ability to cheaply bring raw materials enough uptown to reach into Manhattan’s his- can American Cultural Mecca, Ben’s Chili into town and transport their finished products toric El Barrio. Today, more than 100,000 peo- Bowl has withstood major neighborhood con- to the world. Today there is little evidence of ple visit El Museo each year from all back- struction projects, national economic shifts, these early industries. grounds and walks of life.

VerDate Nov 24 2008 05:08 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\RECORD09\RECFILES\E20OC9.REC E20OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE E2584 CONGRESSIONAL RECORD — Extensions of Remarks October 20, 2009 On Saturday, October 17th, the museum will unexpected financial burdens not necessarily General himself has authority over such inves- hosted an all day celebration and open house covered by insurance. For example—travel tigation. to mark the anniversary as well as the open- and temporary housing expenses, medical This limitation on authority does not exist for ing of El Museo’s newly renovated facility. equipment, mental health programs, academic any other Inspector General of other agencies. Two new exhibitions will be on display, one of and school tutoring support, post-treatment Accordingly, the Department’s Inspector Gen- which highlights four decades of El Museo’s survivorship programs and bereavement coun- eral should have the same power Inspector permanent collection. And to dramatize El seling. These are just a few of the economic Generals have throughout the government to Museo’s impact on the cultural life of New barriers that the foundation seeks to remove. investigate any and all allegations of wrong- York City, the Empire State Building was illu- The Foundation’s goal is to help families doing that arise in their department. minated in the museum’s signature mango- keep their energies focused on the recovery In the last Congress, I offered this provision yellow color for the entire weekend, so the city and the healing of the child. Amazingly, the as an Amendment to H.R. 924, the Improving as a whole could share in this momentous re- staff, volunteers and board members of the Government Accountability Act. It passed the opening. Jacob Michael Davis Foundation do not ac- House, however, it was stripped from the final Madam Speaker, from humble beginnings in cept any form of monetary compensation, en- Bill when the measure went to the Senate. I East Harlem’s Puerto Rican community, this suring that every possible cent is spent to as- am introducing this legislation again today be- landmark of learning and wonder has emerged sist those families in need. This certainly cause I believe that transparency and vigorous as a destination for people from all over the speaks volumes about the people who believe oversight are essential to maintain the checks world. They come for many reasons: for the in the foundation’s mission and the remarkable and balances of our constitutional system. history that is taught, for the remarkable work work they have achieved, continue to achieve As documented in my recently released re- on display, and, not the least of all, people and hope to achieve in the future. It certainly port, ‘‘Reining in the Imperial Presidency: Les- come to El Museo to feel connected—con- is my honor to commend all the volunteers for sons and Recommendations Relating to the nected to the past and the future of the Latino their charitable and dedicated work. presidency of George W. Bush,’’ there was se- diaspora in this great international city. El Furthermore, I am pleased to announce that rious misconduct on the part of Department of Museo’s holdings and exhibitions are a gift to last month I added my name as a cosponsor Justice attorneys, including alleged mis- all New Yorkers and to the world, and for this to H.R. 1230 which was introduced by my col- conduct by high level politically appointed at- reason I ask that my colleagues join me in league, Representative Doris Matsui, from torneys, in connection with hiring attorneys for recognizing the 40th Anniversary of El Museo California. This legislation seeks to establish a the Civil Rights Division or in other compo- del Barrio. National Acquired Bone Marrow Failure Dis- nents of the Department. However, due to the f ease Registry and authorize research on bone unique limitations on his power, it was difficult marrow diseases. I encourage other Members for the Inspector General to fully investigate RECOGNIZING THE JACOB MI- to support this bill and join in the fight to de- these allegations. I certainly trust those sorts CHAEL DAVIS FOUNDATION 4TH feat this disease. of abuses are unlikely to recur in this Adminis- ANNUAL EVENT In conclusion, I offer my support to the tration. Jacob Michael Davis Foundation on this spe- This legislation will help prevent future HON. CANDICE S. MILLER cial occasion. I wish everyone in attendance abuses and politicization of the Department of OF MICHIGAN all the best and hope you have a very suc- Justice by improving the Inspector General’s IN THE HOUSE OF REPRESENTATIVES cessful evening. You are helping to sustain a tools to effectively carry out his mission. Such Tuesday, October 20, 2009 wonderful cause. I know that in memory of vigorous oversight is a matter of good govern- Jacob you will never lose faith in your mission ment, regardless of the political party in Mrs. MILLER of Michigan. Madam Speaker, and your passion will be forever alive. power. I rise today to acknowledge the Jacob Michael f f Davis Foundation located in Macomb County, Michigan. This non-profit organization was cre- THE DEPARTMENT OF JUSTICE IN- HONORING PETE GEREN, U.S. REP- ated in the loving memory of 7-year old Jacob SPECTOR GENERAL AUTHORITY RESENTATIVE AND ARMY SEC- Michael Davis, who sadly passed away in IMPROVEMENT ACT OF 2009 RETARY 2005 after a hard fought battle with acute lymphoblastic leukemia. HON. JOHN CONYERS, JR. HON. EDDIE BERNICE JOHNSON The organization will be hosting its 4th An- OF MICHIGAN OF TEXAS nual Banquet and Fundraiser on November IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES 14th in Shelby Township, so I want to highlight the great work the foundation has performed Tuesday, October 20, 2009 Tuesday, October 20, 2009 over the few short years since its inception. Mr. CONYERS. Madam Speaker, I am Ms. EDDIE BERNICE JOHNSON of Texas. The foundation has carried forward Jacob’s pleased to introduce today the ‘‘Department of Madam Speaker, I rise today in recognition of legacy—his giving spirit and his unique ability Justice Inspector General Authority Improve- an extraordinary public servant, Pete Geren, to comfort other young patients while he him- ment Act of 2009.’’ This Act will authorize the who recently stepped down as Secretary of self was seeking medical treatment. The foun- Department of Justice Inspector General to in- the Army. I am incredibly privileged to call Mr. dation has also picked up his torch of hope as vestigate attorney misconduct within the De- Geren a close friend, and I am so happy to it continues to spread his light of compassion partment of Justice. celebrate this man’s distinguished career and and pass his courage on to other families who Whether we have a Democratic or Repub- service. unfortunately have had to cope with childhood lican administration, I believe we should have Mr. Geren hails from Fort Worth, Texas, and cancer. Although based in the State of Michi- strong and vigorous oversight of the Depart- after receiving a Bachelor’s Degree and a Law gan, the Jacob Michael Davis Foundation has ment of Justice. At present, however, the De- Degree from the University of Texas, he extended its helping hand across this great partment of Justice Inspector General is lim- worked as an aide to Senator Lloyd Bentsen. nation, from coast to coast and places in be- ited in his ability to investigate allegations of In 1989, he was elected to represent the 12th tween. misconduct. Instead, present law, to the sur- District of Texas in the United States House of The effects of any childhood illness can be prise of many, requires that all allegations of Representatives and would serve in that ca- devastating on a family. The emotional and fi- wrongdoing by the Department of Justice at- pacity for four terms. In 2001, Mr. Geren took nancial distress can leave a mother and father torneys be investigated not by the Inspector a position with the Department of Defense as feeling like they have no options, and some- General, but by the department’s Office of Special Assistant to the Defense Secretary, times even worse with a negative outlook on Professional Responsibility. and later served brief periods as acting Air the future. With so many variables to deal In contrast with the statutorily independent Force Secretary and Undersecretary of the with, families can easily become overwhelmed Inspector General, the Office of Professional Army before being appointed to Secretary of and lose focus of the primary objective—the Responsibility is supervised by the Attorney the Army in 2007. care, treatment and recovery of the child. General. It is absolutely contrary to human ex- Throughout his career, Mr. Geren has But these fears and unknowns are exactly perience to believe that the counsel to the Of- worked diligently to represent the best inter- the reason why the Jacob Michael Davis fice of Professional Responsibility can aggres- ests of the people he serves, including the citi- Foundation was created. The foundation is a sively and independently investigate high level zens of the 12th District of Texas and the sol- source of comfort to assist families with those officials in the department when the Attorney diers in our armed forces. When he took over

VerDate Nov 24 2008 05:08 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\RECORD09\RECFILES\E20OC9.REC E20OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE October 20, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E2585 the position as Secretary of the Army, he was compares to learning about and recognizing On Sunday, October 25th, the couple along faced with numerous challenges that had left the efforts of exceptional individuals like Dr. with their family and friends will celebrate their the reputation of that organization in low es- Baddoura. anniversary at West Weaver Baptist Church. teem. However, through hard work and deter- Madam Speaker, I ask that you join our col- I would like to congratulate my friends, mination, he has helped to repair the Army’s leagues, Dr. Baddoura’s family and friends, all Lamar and Joyce, for reaching this important standing and has placed it on a positive track those who have been helped by him, and me milestone in their lives. They are shining ex- for the future. in recognizing the outstanding contributions of amples of love and dedication for us all, and Madam Speaker, Pete Geren is a dutiful Dr. Walid J. Baddoura to his community. I wish them and their family all the best at this public servant, and I encourage all of my col- f important occasion. leagues to join me in recognizing and hon- f oring his achievements in Congress and at the SUPPORTING THE MISSION AND Department of Defense. GOALS OF NATIONAL DIS- HONORING THE LIFE AND WORK ABILITY EMPLOYMENT AWARE- OF JUDGE WILLIAM WAYNE JUS- f NESS MONTH OCTOBER 2009 TICE TRIBUTE TO WALID J. BADDOURA, MD HON. EDOLPHUS TOWNS– HON. EDDIE BERNICE JOHNSON OF NEW YORK OF TEXAS HON. BILL PASCRELL, JR. IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES OF NEW JERSEY Tuesday, October 20, 2009 Tuesday, October 20, 2009 IN THE HOUSE OF REPRESENTATIVES Mr. TOWNS. Madam Speaker, I rise today Ms. EDDIE BERNICE JOHNSON of Texas. Tuesday, October 20, 2009 in support of the observance of National Dis- Madam Speaker, I rise today in remembrance Mr. PASCRELL. Madam Speaker, I would ability Employment Awareness Month. In ob- of Judge William Wayne Justice who passed like to call to your attention the work of an out- servance of National Disability Employment away on October 13, 2009 at the age of 89. standing individual, Dr. Walid J. Baddoura, Awareness Month, I express my appreciation Judge Justice was one of the most remark- who was recognized with the 2009 Kendrick to the nearly 55 million Americans with disabil- able judges in Texas history. Born in Athens, P. Lance, MD Distinguished Physician Award, ities who have made significant contributions Texas on February 25, 1920, Justice’s father on October 17, 2009 for his distinguished to the American workforce. actively encouraged him to pursue a career in service in the field of medicine. As a proud sponsor of the Americans with law from a young age. The younger Justice It is only fitting that he be honored in this, Disabilities Act, I salute this milestone legisla- went on to receive both an undergraduate and the permanent record of the greatest democ- tion and other comprehensive efforts to create a law degree from the University of Texas be- racy ever known, for his story truly embodies equal access to employment opportunities. fore spending roughly four years in the army the American Dream. I am proud of efforts like AbilityOne, a laud- during World War II. Upon his return to the Dr. Baddoura serves as the President of the able, federally-managed program that is the United States, he took up work at his father’s Medical Staff of St. Joseph’s Regional Medical largest source of employment for the blind and law practice in Athens, and in 1961, he was Center in Paterson, New Jersey. He is also those with severe disabilities. I was also a selected by President Kennedy to be U.S. At- the Program Director of the Gastroenterology proud co-sponsor of the American Recovery torney for the Eastern District of Texas. In Fellowship Program. His dedication to the and Reinvestment Act that is providing vital 1968, Justice was appointed by President medical profession is also evidenced in his stimulus dollars to programs under the Individ- Johnson to be a U.S. District Judge for the leadership at the Seton Hall University School uals with Disabilities Education Act (IDEA) to Eastern District of Texas. of Health and Medical Services, where he help educate disabled children and youth. Judge Justice served in that capacity for serves as Chief of the Gastroenterology Divi- This October, as we rededicate ourselves to more than 40 years and gave countless rul- sion, and the Program Director for its Gastro- increasing employment opportunities for dis- ings that dramatically affected the way the enterology Fellowship as well. abled Americans, let us also honor the value, State of Texas educated children, treated pris- Dr. Baddoura embarked on his journey into skills and contributions individuals with disabil- oners, and housed its poorest citizens. With the field of medicine at the American Univer- ities have made to the American workforce. an unwavering regard for the human condition, sity of Beirut in Lebanon. Upon his graduation f Justice ordered the integration of public hous- in 1976, he left Lebanon for New Jersey, and ing, forbade inhumane treatment in prisons first joined the St. Joseph’s family as a resi- IN RECOGNITION OF THE 50TH and the juvenile justice system, and upheld dent in Internal Medicine. He later left New WEDDING ANNIVERSARY OF MR. rulings that caused Texas to desegregate its Jersey for Connecticut, where he pursued a AND MRS. LAMAR DENKINS schools. At a time when many of these deci- fellowship at the Yale-affiliated Gastro- sions were unpopular, Justice made the hard enterology Program in Waterbury and New HON. MIKE ROGERS choices and helped carry Texas into the mod- Haven. He is board certified in internal medi- OF ALABAMA ern era because of them. cine and gastroenterology. IN THE HOUSE OF REPRESENTATIVES Madam Speaker, I am incredibly grateful for He returned to St. Joseph’s and since then Tuesday, October 20, 2009 the decisions and sacrifices Judge Justice has taken an active role in the education of made for the people of Texas and the entire students, residents and fellows. In 1986 he Mr. ROGERS of Alabama. Madam Speaker, country. I encourage my colleagues to join me was appointed the Chief of the Gastro- I respectfully request the attention of the in honoring and remembering this courageous enterology Division, and since 1992, has held House to pay recognition to an important day sentinel who helped so many of our nation’s this position along with the aforementioned di- in the lives of two constituents and dear most distressed citizens. rectorship at Seton Hall University School of friends of mine, Mr. and Mrs. Lamar Denkins. f Health and Medical Services. He also main- On October 25, 2009, Lamar and Joyce tains a private practice in Clifton. Denkins will celebrate their 50th wedding anni- 75TH ANNIVERSARY OF INDIANA At St. Joseph’s, Dr. Baddoura serves on versary. Lamar was born on March 12, 1935, FARM BUREAU INSURANCE many committees and has been on the Med- and his wife, Joyce, was born on October 4, ical Board for several years, as a member and 1938. HON. MARK E. SOUDER also as an officer. He has represented St. Jo- Lamar and Joyce met while working at An- OF INDIANA seph’s Regional Medical Center on the Board niston National Bank in Anniston, Alabama. IN THE HOUSE OF REPRESENTATIVES of Trustees of the Passaic County Medical So- They married on October 25, 1959, at Pleas- ciety. This past June, the Northern New Jer- ant Valley Baptist Church. Tuesday, October 20, 2009 sey Council of the Boy Scouts of America Over the years, Lamar and Joyce have Mr. SOUDER. Madam Speaker, I rise today honored him with the Distinguished Health been blessed with two children, Susan and to recognize Indiana Farm Bureau Insurance Care Service Award. Dr. Baddoura resides in Jeffrey, as well as two grandchildren. Lamar who celebrated, their 75th Anniversary on Oc- Pompton Plains and is the proud uncle of six has spent his life as a public servant as a min- tober 17th. Indiana Farm Bureau Insurance nieces and nephews. ister and working for two different Members of was originally founded in 1934 to cater to the The job of a United States Congressman in- Congress. He also served proudly in the unique insurance needs of our agriculture volves much that is rewarding, yet nothing Armed Forces. community. It has since expanded to provide

VerDate Nov 24 2008 05:08 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\RECORD09\RECFILES\E20OC9.REC E20OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE E2586 CONGRESSIONAL RECORD — Extensions of Remarks October 20, 2009 life, home, auto, and business services and HONORING THE SURVIVING WORLD students tell their stories—to communicate today is the largest writer of farm insurance WAR II VETERANS OF with their neighbors around the globe, in a and the second largest writer of personal lines OCCOQUAN, VA world that is getting smaller and smaller. We of insurance in the state. In Indiana, Farm Bu- must help our students put their thoughts into reau Insurance is truly a ‘‘part of your life’’— HON. GERALD E. CONNOLLY words, and hopefully, into action. with offices in all of our 92 counties, and 1700 OF VIRGINIA As an educator for more than 30 years, I know the value of a quality education and its employees across the Hoosier state. IN THE HOUSE OF REPRESENTATIVES importance to our children’s future. In order for While the company has experienced signifi- Tuesday, October 20, 2009 cant growth and development, Indiana Farm our Nation’s children to get the education they Bureau Insurance has remained deeply com- Mr. CONNOLLY of Virginia. Madam Speak- deserve and require to become the leaders of mitted to the community it serves. They have er, I rise today to honor to the World War II tomorrow, they need the very best teachers always believed that the strongest investment veterans who currently reside in Occoquan, and educators. Not only as leaders in edu- you can make for the future is to invest in Virginia. Their service and sacrifice represent cation, but also as leaders in the community, young people, and their actions bear this out. the height of American character; something English teachers are preparing our next gen- to be honored and never forgotten. eration. For 20 years, Indiana Farm Bureau Insur- In December of 1941, the United States en- To draw attention to the remarkable variety ance organized the eXcel Awards, a pres- tered a war that had already engulfed much of of writing we engage in and to help connect tigious high school art competition that granted the rest of the world. Throughout the course of writers from all walks of life, the National over $700,000 in scholarships and encour- World War II, 16,000,000 Americans answered Council of Teachers of English, NCTE, in con- aged the talent and creativity of high school the call of duty and served in the armed junction with its many national and local part- artists and performers. They sponsor the Indi- forces. The support of the nation’s war effort ners, honors the importance of writing by cele- ana High School Athletic Association’s Mental ended in the ultimate sacrifice for more than brating a National Day on Writing on October Attitude Awards, honoring students who excel 300,000 of these brave Americans. They were 20, 2009. NCTE has developed the National in athletic ability, leadership, mental attitude, sons, daughters, fathers and mothers putting Gallery of Writing, a digital archive of samples, and scholarship in all 39 IHSAA tournament the defense of their nation above all else. that exhibits how and why Americans are writ- sports. They have also made academics and The town of Occoquan is recognizing their ing every day. The gallery is accessible to all safety a priority amongst our youth through ini- service by honoring the surviving World War II through a free, searchable website that will be tiatives like Top Scholar and the Teenage veterans currently residing in Occoquan. So launched on the National Day on Writing. Driver Safety and Education Program. These often our veterans return home and take up I introduced a resolution to recognize the programs reward young drivers with a $1000 leadership roles in their communities. This National Day on Writing to acknowledge the savings bond for completing safety training group, which includes former Occoquan may- enormous power of writing—how it allows peo- and provide insurance discounts for students ors, town council members and planning com- ple in every walk of life, in every kind of work, for maintaining a B average respectively. In missioners, is no exception. These individuals and at every age to generate and share ideas my district, Indiana Farm Bureau Insurance are a living testament to the strength and en- with others. The resolution calls on the House helps supply healthy activities for our children during nature of America’s citizenry. of Representatives to recognize the National by sponsoring little league and 4–H, and they Occoquan’s surviving World War II veterans: Day on Writing and encourages submissions are active participants in Holiday initiatives, Mr. Richard H. Bell, United States Army to the National Gallery of Writing. Today my adopting needy families and donating clothes, Mr. Edwin S. Clarke, United States Navy thanks go out to the NCTE and their many na- toys and foods. Mr. Robert Lehto, United States Navy tional and local partners for facilitating the Na- Indiana Farm Bureau Insurance has as- Mr. Frank McKenzie, United States Navy tional Day on Writing. As we celebrate the Na- sisted numerous families and individuals plan Mr. James F. Phelps, United States Marine tional Day on Writing, I hope my colleagues for the unexpected and has been a steadfast Corps will participate and submit entries to the gal- partner in our community. Madam Speaker, I Ms. June Randolph, United States Navy lery. ask my colleagues to join me in honoring Indi- Madam Speaker, I ask my colleagues to join f ana Farm Bureau Insurance on their 75th An- me in paying tribute to the World War II vet- HONORING JASMINE LYNN OF niversary. erans of Occoquan, Virginia. We recognize their contribution to honor the importance of SPELMAN COLLEGE, CLASS OF 2012 f their experience to the American story. To for- get their sacrifice and the immeasurable cost HON. JOHN LEWIS PERSONAL EXPLANATION of war is to do peace a disservice and bind OF GEORGIA ourselves to indefinite conflict. IN THE HOUSE OF REPRESENTATIVES f HON. ADAM SMITH Tuesday, October 20, 2009 COMMEMORATING THE NATIONAL Mr. LEWIS of Georgia. Madam Speaker, I OF WASHINGTON DAY ON WRITING rise today to pay tribute to Jasmine Lynn, a IN THE HOUSE OF REPRESENTATIVES rising star, a wonderful daughter, and a suc- HON. DINA TITUS cessful student who was the victim of a sense- Tuesday, October 20, 2009 OF NEVADA less tragedy. IN THE HOUSE OF REPRESENTATIVES A native of Kansas City, Missouri, Jasmine Mr. SMITH of Washington. Madam Speaker, attended the Lincoln College Preparatory on the afternoon of Thursday, October 15, Tuesday, October 20, 2009 Academy, where she was an active student, 2009, I was unfortunately unable to be present Ms. TITUS. Madam Speaker, writing is a athlete, musician, and leader. Even though for the last two series of recorded votes while daily practice for millions of Americans, but she was a member of the ROTC, the varsity I was attending to a matter related to my per- few people notice how integral writing has be- basketball team, and the high school marching sonal health. come to life in the 21st century. People now band, Jasmine found time to shine as a stu- I request that the record show that had I write more than ever before for personal, pro- dent. Her intelligence and academic success been present, I would have voted ‘‘yes’’ on fessional, and civic purposes; and writing is in- won her an opportunity to attend Spelman rollcall vote No. 786 (on ordering the previous creasingly essential for all types of occupa- College in Atlanta, making her the first in her question on the rule for H.R. 2442, H.Res. tions. Newly developing digital technologies family to receive a college education. At 830), ‘‘yes’’ on rollcall vote No. 787 (on agree- expand the possibilities for composing in mul- Spelman, Jasmine continued to excel with a ing to the resolution H.Res. 830, the rule pro- tiple media and young people are now leading 3.8 GPA and intended to focus her academic viding for consideration of H.R. 2442), ‘‘yes’’ the way in new forms of composition. program around psychology and pre-law stud- on rollcall vote No. 788 (the motion to table Writing has enormous power. It allows peo- ies. Jasmine had just completed a summer in- the appeal of the ruling of the chair), and ple in every walk of life, in every kind of work, ternship at Cerner Corp over the summer and ‘‘yes’’ on rollcall vote No. 789 (on passage of and at every age to generate and share ideas had bought her first car. This accomplished the bill H.R. 2442, the Bay Area Regional with others. Effective communication contrib- young lady had a bright and promising future. Water Recycling Program Expansion Act of utes to building a global economy and a global On September 3, the life of Jasmine Lynn 2009). community. We must find ways to help our was cut down by a stray bullet as she was

VerDate Nov 24 2008 05:08 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\RECORD09\RECFILES\E20OC9.REC E20OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE October 20, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E2587 walking down an Atlanta street with some of These recommendations closely aligned Mr. Slemmer also has served on the boards her friends. Violence cuts through the heart of with the Community Living Assistance Serv- of the Association of Ohio Philanthropic too many communities across America, but ices and Supports (CLASS) Act introduced Homes, Housing and Services for the Aging; when a gifted young woman—simply an inno- and championed by the late Senator Edward the National Affordable Housing Trust, the cent bystander—is the victim of a senseless Kennedy. AAHSA has united a wide range of Stewards of Affordable Housing for the Future, murder, the toll hostility and aggression take stakeholders to work for the inclusion of and the Ohio Capital Corporation for Housing. on our society becomes painfully clear. CLASS provisions in health care reform, and I hope my colleagues will join me in com- Today, I would like to offer my deepest con- these provisions are reflected in two of the mending Tom Stemmer for his longstanding dolences to the Lynn family for their heart- health care reform measures drafted by con- service to our nation’s elders and his work to breaking loss. The thoughts and prayers of the gressional committees. AAHSA members from develop realistic solutions to the challenges a people of the Fifth Congressional District of all over the country have advocated tirelessly growing elder population will pose in the years Georgia are with them during this difficult and for a mechanism to enable Americans to plan to come. trying time. My heart goes out to Jasmine responsibly for their own long-term services f Lynn’s parents, brother, family, friends, and and supports needs while also addressing the EARMARK DECLARATION the Spelman and Clark/Atlanta University com- issues of access and cost. munity who also mourn her passing. To address other issues facing the nation’s f aging population, families, service providers HON. JOHN BOOZMAN and policymakers, Slemmer has overseen OF ARKANSAS THOMAS SLEMMER AAHSA member task forces on workforce, IN THE HOUSE OF REPRESENTATIVES HON. MARY JO KILROY nursing home quality, home- and community- Tuesday, October 20, 2009 based services, and issues specific to rural Mr. BOOZMAN. Madam Speaker, pursuant OF OHIO and inner-city areas. Under his leadership, to the House Republican standards on ear- IN THE HOUSE OF REPRESENTATIVES AAHSA has undertaken pilot technology marks, I am submitting the following informa- Tuesday, October 20, 2009 projects, ‘‘living laboratories’’ linking member tion regarding earmarks I received as a part of Ms. KILROY. Madam Speaker, I rise today operations with research to demonstrate the H.R. 3183—Energy and Water Appropriations to recognize an outstanding leader in the field effectiveness of applied technology to improve Act of 2010. of affordable housing and long-term services quality, make operations more efficient, and Requesting Member: Congressman JOHN and supports for people as they age. Thomas enable people to live independently wherever BOOZMAN Slemmer is the outgoing chair of the American they call home. Bill Number: H.R. 3183 Association of Homes and Services for the In addition to his service as AAHSA’s chair, Account: Construction Aging (AAHSA), and I congratulate him on Tom Slemmer is the president and chief exec- Legal Name of Requesting Entity: Corps of what he has accomplished for his field during utive officer of Columbus, Ohio’s National Engineers his two-year term. Church Residences, where he has had a thirty Address of Requesting Entity: P.O. Box 867, AAHSA members (www.aahsa.org) help mil- year career. From a single affordable housing Little Rock, Arkansas 72203 lions of individuals and their families every day facility established in 1961, National Church Description of Request: The May Branch through mission-driven, not-for-profit organiza- Residences has grown to provide affordable flood control project will reduce the occurrence tions dedicated to providing the services peo- housing, supportive services, assisted living, of flood damage for hundreds of property own- ple need, when they need them, in the place and skilled nursing care to low and moderate- ers in the vicinity of the May Branch drainage they call home. The 5,700 member organiza- income elders, families, persons with disabil- way in portions of Fort Smith. During the peri- ods of heavier rainfall, stormwater flows ex- tions, many of which have served their com- ities, and homeless families and individuals in ceed the capacity of the May Branch channel, munities for generations, offer the continuum facilities throughout the United States. In Cen- causing surface and structure flooding. The of aging services: adult day services, home tral and Southern Ohio, NCR provides home project meets the Corps of Engineers’ cost/ health, community services, senior housing, and community based supportive services to benefit ration requirements. The Federal funds assisted living residences, continuing care re- allow elders to age in place in dignity in the of $179,000 will be used for design engineer- tirement communities, and nursing homes. comfort of their own homes. Its ministry serves With Tom Stemmer at its head, AAHSA over 22,000 individuals in 300 properties na- ing, right-of way acquisition, and construction. The City of Fort Smith will be matching the championed the combination of supportive tionwide. $15 million federal share with $16 million in services with affordable housing to enable In the aftermath of Hurricane Katrina, Na- local funds from a 1-cent sales tax dedicated seniors to remain in their communities and tional Church Residences and AAHSA to street and drainage repairs. has taken a leadership role in developing real- launched a hotline to help displaced seniors Requesting Member: Congressman JOHN istic, workable solutions for Congress and find affordable housing. Low-income seniors BOOZMAN states facing the impending long-term service and family members were able to call around Bill Number: H.R. 3183 and support needs of the aging baby boom the clock to be connected to housing resource Account: Department of Energy—EERE generation. professionals trained to evaluate and locate Legal Name of Requesting Entity: University Mr. Slemmer co-chaired AAHSA’s Afford- available affordable senior housing commu- of Arkansas—Division of Agriculture able Housing Finance Cabinet, which is devel- nities nationwide. Hundreds of evacuated el- Address of Requesting Entity: 2404 N. Uni- oping recommendations for building and pre- ders were able to find temporary or permanent versity Avenue, Little Rock, Arkansas 72207 serving housing to meet the physical and fi- housing through National Church Residences Description of Request: The national goal of nancial needs of a growing elder population. and other AAHSA members. Based on this ex- the US is to replace more than 75% of our oil He also saw the introduction of the landmark perience, AAHSA and National Church Resi- imports from the Middle East by 2025. With Section 202 Supportive Housing for the Elder- dences submitted recommendations to Con- America on the verge of breakthroughs in ad- ly Act, which would promote the construction gress on improving coordination among aging vanced energy technologies, the best way to of new senior housing facilities, streamline the services providers and federal, state, and local break the addiction to foreign oil is through preservation of existing housing, and support agencies in the event of natural disasters. new technology. Of course, new conversion the conversion of existing housing into as- Because of the importance of supportive technology requires the availability of ade- sisted-living facilities with supportive health services to seniors’ ability to remain longer in quate amounts of quality feedstocks. To help and social services. their communities, Mr. Stemmer was instru- meet this critical national goal, the Mid South/ Prior to becoming AAHSA’s chair, Mr. mental in establishing the American Associa- Southeast BioEnergy Consortium $1,000,000 Slemmer participated in the organization’s tion of Service Coordinators (AASC). AASC’s project is focused: to (1) position the MidSouth Long-Term Services and Supports Financing over 2,000 members serve seniors, people and Southeast bioenergy industry to expand Cabinet to find a more rational, sustainable with disabilities, and low income families living from biodiesel and grain to ethanol to com- and responsible system for funding aging in affordable rental housing and the sur- mercial production of cellulosic ethanol; (2) de- services where he helped shape rec- rounding community. Service coordinators as- velop economic and environmental viable sys- ommendations for a national insurance plan sist senior and disabled residents in identi- tems to produce, harvest and process relevant founded on three core principles: consumer fying, locating, and acquiring the services nec- feedstocks for biodiesel and ethanol oper- choice, fiscal responsibility, and good steward- essary for them to remain independent and ations, matching feedstock availability to spe- ship of provider and public resources, and eq- help families achieve self sufficiency and eco- cific conversion technologies; (3) conduct edu- uity of benefits. nomic independence. cational programs to deliver information on

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He has been a strong leader and sion technologies necessary for commercial supporter in many organizations including the cellulosic ethanol production. HON. GERALD E. CONNOLLY American Heart Association, YouthAids, the OF VIRGINIA American Cancer Society, Leukemia Society, f IN THE HOUSE OF REPRESENTATIVES Youth Life, INOVA, the United Way, the Amer- Tuesday, October 20, 2009 ican-India Foundation and many others. EARMARK DECLARATION Sudhakar was also named the Greater Wash- Mr. CONNOLLY of Virginia. Madam Speak- ington High Technology Entrepreneur of the er, I rise today to recognize Sudhakar V. Year for 1998. In 1996, Sudhakar was hon- HON. BOB INGLIS Shenoy and Suresh V. Shenoy and their com- ored by the University of Connecticut when he pany, IMC, Inc. as the recipients of the North- was inducted into the University of Con- OF SOUTH CAROLINA ern Virginia Community Foundation 2009 necticut School of Business Alumni Hall of IN THE HOUSE OF REPRESENTATIVES Community Leader Award. The Northern Virginia Community Founda- Fame. Tuesday, October 20, 2009 tion (NVCF) was established in 1978 as a Suresh Shenoy currently serves as the Chairman of the National Capital Region Mr. INGLIS. Madam Speaker, pursuant to public charity to meet a wide variety of social, American Red Cross. In addition, he serves the Republican leadership standards on ear- educational, cultural and other charitable on the boards of The Kevric Company, The marks, I am submitting the following informa- needs throughout Northern Virginia. The mis- sion of NVCF is to grow philanthropy and Fairfax County Information Technology Advi- tion regarding an earmark I received as part of strengthen the community. This past year, sory Committee, IIT Heritage Foundation, the the Conference Report to accompany H.R. more than $3,000,000.00 in grants and schol- Fairfax County Chamber of Commerce and 3183, Energy and Water Development and arships supporting child and youth develop- was a founding member of the Thomas Jeffer- Related Agencies Appropriations Act, 2010. ment, education, health, arts, homelessness, son Partnership Fund. Suresh was an adjunct Requesting Member: Congressman BOB community improvement, and other causes professor of Entrepreneurship, International INGLIS were made from NVCF funds. Hundreds of Marketing and Business Administration at the Bill Number: Conference Report to accom- nonprofit organizations benefited from these Graduate School of Management, Clark Uni- pany H.R. 3183, Energy and Water Develop- grants and put those resources to work to versity and currently serves on the adjunct ment and Related Agencies Appropriations strengthen the community. faculty of the School of Information and Tech- Act, 2010 Each year, NVCF recognizes individuals or nology & Engineering at George Mason Uni- organizations for their extraordinary philan- Account: Corps of Engineers—Investigations versity. Suresh has spoken at numerous in- thropic efforts and successes. This year, the dustry events in Europe, the United States Legal Name of Requesting Entity: City of NVCF has chosen to honor Mr. Sudhakar V. and Brazil; his articles have also been widely Greenville Shenoy and Mr. Suresh V. Shenoy by pre- published in various industry publications. In Address of Requesting Entity: 206 South senting them with the 2009 Community Leader 2000, Suresh was recognized for his many Main Street Greenville, South Carolina 29602 Award. contributions in his field when in 2000, he was The accomplishments of these two individ- inducted as a Fellow of the Information Man- Description of Request: The purpose of the uals are truly impressive. They are successful agement Congress (Europe) and AIIM Inter- request is to conduct a feasibility study exam- businessmen, under their leadership, their national (USA). ining potential environmental restoration and company, IMC, Inc. has become a highly re- flood control projects for the Reedy River in spected and award winning technology solu- Madam Speaker, I ask my colleagues to join the vicinity of Greenville, SC. This study will tions innovator that provides expert govern- me in congratulating Sudhakar Shenoy and be conducted by the Army Corps of Engi- ment, commercial and scientific solutions. Suresh Shenoy for being named the recipients neers, as the next phase in the Corps’ ongo- The business successes of Sudhakar and of the Northern Virginia Community Founda- ing work to restore and stabilize the Reedy. Suresh Shenoy are matched by their philan- tion 2009 Community Leader Award and to The amount is $90,000 and it would go to the thropic endeavors and commitment to the im- thank them for their years of philanthropic, City of Greenville. provement of our community. educational and civic service.

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HIGHLIGHTS Senate agreed to the conference report to accompany H.R. 2892, Depart- ment of Homeland Security Appropriations Act. Senate Chamber Action Appointments: National Advisory Committee on Institutional Routine Proceedings, pages S10533–S10585 Quality and Integrity: The Chair announced, on Measures Introduced: Nineteen bills were intro- behalf of the President pro tempore, pursuant to P.L. duced, as follows: S. 1800–1818. Page S10570 110–315, the appointment of the following to be Measures Passed: members of the National Advisory Committee on Institutional Quality and Integrity: Daniel Klaich of Morris K. Udall Scholarship and Excellence in Nevada, Cameron Staples of Connecticut, and Larry National Environmental and Native American Vanderhoef of California. Page S10585 Public Policy Act: Senate passed S. 1818, to amend the Morris K. Udall Scholarship and Excellence in Message from the President: Senate received the National Environmental and Native American Public following message from the President of the United Policy Act of 1992 to honor the legacy of Stewart States: L. Udall. Pages S10584–85 Transmitting, pursuant to law, a report on the continuation of the national emergency declared in Conference Reports: Executive Order 13413 with respect to blocking the Department of Homeland Security Appropria- property of persons contributing to the conflict tak- tions Act Conference Report: By 79 yeas to 19 ing place in the Democratic Republic of the Congo; nays (Vote No. 323), Senate agreed to the conference which was referred to the Committee on Banking, report to accompany H.R. 2892, making appropria- Housing, and Urban Affairs. (PM–35) Page S10570 tions for the Department of Homeland Security for Sessions Nomination—Cloture: Senate began con- the fiscal year ending September 30, 2010. sideration of the nomination of William K. Sessions Pages S10542–59 III, of Vermont, to be Chair of the United States Department of Defense Authorization Act Con- Sentencing Commission. Page S10568 ference Report—Cloture: Senate began consider- A motion was entered to close further debate on ation of the conference report to accompany H.R. the nomination, and, in accordance with the provi- 2647, to authorize appropriations for fiscal year 2010 sions of rule XXII of the Standing Rules of the Sen- for military activities of the Department of Defense, ate, a vote on cloture will occur on Thursday, Octo- for military construction, and for defense activities of ber 22, 2009. Page S10568 the Department of Energy, to prescribe military per- Lange Nomination—Agreement: A unanimous- sonnel strengths for such fiscal year, to provide spe- consent-time agreement was reached providing that cial pays and allowances to certain members of the at approximately 11:30 a.m., on Wednesday, Octo- Armed Forces, expand concurrent receipt of military ber 21, 2009, Senate begin consideration of the retirement and VA disability benefits to disabled nomination of Roberto A. Lange, to be United States military retirees. Pages S10567–68 District Judge for the District of South Dakota; that A motion was entered to close further debate on debate on the nomination be limited to 2 hours the conference report, and, in accordance with the equally divided and controlled between Senators provisions of rule XXII of the Standing Rules of the Leahy and Sessions, or their designees; with the vote Senate, a vote on cloture will occur on Thursday, on confirmation of the nomination occurring at 2 October 22, 2009. Pages S10567–68 p.m. Page S10584 D1198

VerDate Nov 24 2008 05:42 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D20OC9.REC D20OCPT1 jbell on DSKDVH8Z91PROD with DIGEST October 20, 2009 CONGRESSIONAL RECORD — DAILY DIGEST D1199 Nominations Received: Senate received the fol- and Mary Ann Comstock, UPS Supply Chain Solu- lowing nominations: tions, Inc., Sweet Grass, Montana. 1 Army nomination in the rank of general. NOMINATIONS 1 Navy nomination in the rank of admiral. Page S10585 Committee on Homeland Security and Governmental Af- fairs: Committee concluded a hearing to examine the Messages from the House: Page S10570 nominations of Susan Tsui Grundmann, of Virginia, Additional Cosponsors: Pages S10570–71 to be Chairman, and Anne Marie Wagner, of Vir- Statements on Introduced Bills/Resolutions: ginia, to be a Member, both of the Merit Systems Pages S10571–81 Protection Board, after the nominees testified and answered questions in their own behalf. Additional Statements: Pages S10568–69 Amendments Submitted: Pages S10581–84 MEDICAL BANKRUPTCY FAIRNESS ACT Notices of Hearings/Meetings: Page S10584 Committee on the Judiciary: Subcommittee on Admin- istrative Oversight and the Courts concluded a hear- Authorities for Committees to Meet: Page S10584 ing to examine medical debt, focusing on bank- Privileges of the Floor: Page S10584 ruptcy reform, including S. 1624, to amend title 11 Record Votes: One record vote was taken today. of the United States Code, to provide protection for (Total—323) Page S10558 medical debt homeowners, to restore bankruptcy protections for individuals experiencing economic Adjournment: Senate convened at 10 a.m. and ad- distress as caregivers to ill, injured, or disabled fam- journed at 7:38 p.m., until 9:30 a.m. on Wednes- ily members, and to exempt from means testing day, October 21, 2009. (For Senate’s program, see debtors whose financial problems were caused by se- the remarks of the Majority Leader in today’s Record rious medical problems, after receiving testimony on page S10585.) from Elizabeth Edwards, Center for American Progress Action Fund, Aparna Mathur, American Committee Meetings Enterprise Institute, and Diana Furchtgott-Roth, Hudson Institute, all of Washington, DC; John A. (Committees not listed did not meet) E. Pottow, University of Michigan Law School, Ann Arbor; and Kerry Burns, Coventry, Rhode Island. NATIONAL HOUSING MARKET Committee on Banking, Housing, and Urban Affairs: HEALTH CARE FOR SMALL BUSINESSES Committee concluded a hearing to examine the state Committee on Small Business and Entrepreneurship: Com- of the nation’s housing market, after receiving testi- mittee concluded a hearing to examine health care mony from Senator Isakson; Shaun Donovan, Sec- solutions for America’s small businesses, after receiv- retary of Housing and Urban Development; Diane ing testimony from Karen G. Mills, Administrator, Randall, Partnership for Strong Communities, Hart- United States Small Business Administration; Gene ford, Connecticut; and Ron Phipps, National Asso- Sperling, Counselor to the Secretary, Department of ciation of Realtors, Emile J. Brinkmann, Mortgage the Treasury; and John Arensmeyer, Small Business Bankers Association, and David Crowe, National As- Majority, Amanda L. Austin, National Federation of sociation of Home Builders, all of Washington, DC. Independent Business, Ann Sullivan, Madison Serv- ices Group, Inc., on behalf of Women Impacting CUSTOMS FACILITATION AND TRADE Public Policy, Edmund F. Haislmaier, The Heritage ENFORCEMENT ACT Foundation, and Keith Ashmus, National Small Committee on Finance: Committee concluded a hearing Business Association, all of Washington, DC. to examine S. 1631, to reauthorize customs facilita- tion and trade enforcement functions and programs, INTELLIGENCE after receiving testimony from Jerry Cook, Select Committee on Intelligence: Committee met in Hanesbrands Inc., Winston-Salem, North Carolina; closed session to receive a briefing on certain intel- Richard Cotton, NBC Universal, New York, New ligence matters from officials of the intelligence York; Ted Sherman, Target, Minneapolis, Minnesota; community.

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Science Education Week, by a 2⁄3 yea-and-nay vote Chamber Action of 405 yeas with none voting ‘‘nay’’, Roll No. 792. Public Bills and Resolutions Introduced: 40 pub- Pages H11474–77, H11481 lic bills, H.R. 3845–3884; 7 resolutions, H. Res. Recess: The House recessed at 3:41 p.m. and recon- 844–845, 847–851 were introduced. Pages H11514–15 vened at 6:30 p.m. Page H11479 Additional Cosponsors: Pages H11515–17 Moment of Silence: The House observed a moment Report Filed: A report was filed today as follows: of silence in honor of Robert W. Davis, former H. Res. 846, providing for consideration of the Member of Congress. Page H11480 bill (H.R. 3585) to guide and provide for United States research, development, and demonstration of Moment of Silence: The House observed a moment solar energy technologies (H. Rept. 111–304); and of silence in honor of Jay W. Johnson, former Mem- H.R. 3792, to amend title XXVI of the Public ber of Congress. Page H11481 Health Service Act to revise and extend the program Suspension—Proceedings Postponed: The House for providing life-saving care for those with HIV/ debated the following measure under suspension of AIDS (H. Rept. 111–305). Page H11514 the rules. Further proceedings were postponed: Recess: The House recessed at 12:51 p.m. and re- Expressing the sense of Congress with respect to convened at 2 p.m. Page H11465 raising awareness and enhancing the state of cyber Suspensions: The House agreed to suspend the rules security in the United States: H. Res. 797, to ex- and pass the following measures: press the sense of Congress with respect to raising Amending the Fair Credit Reporting Act to pro- awareness and enhancing the state of cyber security vide for an exclusion from Red Flag Guidelines for in the United States, and to support the goals and certain businesses: H.R. 3763, to amend the Fair ideals of the sixth annual National Cyber Security Credit Reporting Act to provide for an exclusion Awareness Month. Pages H11477–79 from Red Flag Guidelines for certain businesses, by Presidential Messages: Read a message from the a 2⁄3 yea-and-nay vote of 400 yeas with none voting President wherein he made a determination and cer- ‘‘nay’’, Roll No. 790; Pages H11467–69, H11479–80 tification of Haiti’s compliance with HOPE II re- Army Specialist Jeremiah Paul McCleery Post quirements under PL 110–246—referred to the Office Building Designation Act: H.R. 3319, to Committee on Ways and Means and ordered printed designate the facility of the United States Postal (H. Doc. 111–69). Pages H11466–67 Service located at 440 South Gulling Street in Read a message from the President wherein he no- Portola, California, as the ‘‘Army Specialist Jeremiah tified Congress that the emergency declared with re- Paul McCleery Post Office Building’’, by a 2⁄3 yea- spect to significant narcotics traffickers centered in and-nay vote of 401 yeas with none voting ‘‘nay’’, Colombia is to continue in effect beyond October Roll No. 791; Pages H11469–70, H11480–81 21, 2009—referred to the Committee on Foreign Af- Extending the commercial space transportation fairs and ordered printed (H. Doc. 111–70). liability regime: H.R. 3819, to extend the commer- Page H11467 cial space transportation liability regime; Read a message from the President wherein he no- Pages H11470–72 tified Congress that the national emergency declared with respect to the situation in or in relation to the Supporting the goals and ideals of National Democratic Republic of the Congo, and the related Chemistry Week: H. Res. 793, to support the goals measures blocking the property of certain persons and ideals of National Chemistry Week; and contributing to the conflict in that country, are to Pages H11472–74 continue in effect beyond October 27, 2009—re- Supporting the increased understanding of, and ferred to the Committee on Foreign Affairs and or- interest in, computer science and computing ca- dered printed (H. Doc. 111–71). Page H11482 reers among the public and in schools: H. Res. 558, amended, to support the increased understanding of, Senate Message: Message received from the Senate and interest in, computer science and computing ca- by the Clerk and subsequently presented to the reers among the public and in schools, and to ensure House today appears on page H11481–82. an ample and diverse future technology workforce Senate Referral: S. 1793 was held at the desk. through the designation of National Computer Pages H11481–82

VerDate Nov 24 2008 05:42 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D20OC9.REC D20OCPT1 jbell on DSKDVH8Z91PROD with DIGEST October 20, 2009 CONGRESSIONAL RECORD — DAILY DIGEST D1201 Quorum Calls—Votes: Three yea-and-nay votes de- NATIONAL ARCHIVES ADVISORY veloped during the proceedings of today and appear COMMITTEES EFFECTIVENESS on pages H11479–80, H11480, H11481. There Committee on Oversight and Government Reform, Sub- were no quorum calls. committee on Policy, Census, and National Archives Adjournment: The House met at 12:30 p.m. and held a hearing entitled ‘‘National Archives: Advisory adjourned at 11:48 p.m. Committees and their Effectiveness.’’ Testimony was heard from the following officials of the National Committee Meetings Archives and Records Administration: Sharon Fawcett, Assistant Archivist for Presidential Librar- INDIAN HEALTH CARE IMPROVEMENT ies; and Martha Morphy, Chief Information Officer; ACT AMENDMENTS OF 2009 Robert Flaak, Director, Committee Management Sec- Committee on Energy and Commerce: Subcommittee on retariat, GSA; and Christopher Greer, Assistant Di- Health held a hearing on H.R. 2708, Indian Health rector, Information Technology, R&D, Office of Care Improvement Act Amendments of 2009. Testi- Science and Technology Policy. mony was heard from Yvette Roubideaux, M.D., Di- rector, Indian Health Service, Department of Health SPACE TECHNOLOGY ROADMAP ACT and Human Services; and public witnesses. Committee on Rules: Committee granted, by non- SMALL BUSINESS HEALTH INSURANCE record vote, a structured rule providing for consider- COSTS ation of H.R. 3585, the ‘‘Solar Technology Roadmap Act.’’ The rule provides one hour of general debate Committee on Energy and Commerce: Subcommittee on equally divided and controlled by the chair and Oversight and Investigations held a hearing entitled ranking minority member of the Committee on ‘‘The High Cost of Small Business Health Insurance: Science and Technology. The rule waives all points Limited Options, Limited Coverage.’’ Testimony was of order against consideration of the bill except those heard from public witnesses. arising under clause 9 or 10 of rule XXI. CONSUMER FINANCIAL PROTECTION The rule provides that the amendment in the na- AGENCY ACT OF 2009 ture of a substitute recommended by the Committee Committee on Financial Assistance: Continued mark up on Science and Technology shall be considered as an of the Discussion Draft of the Consumer Financial original bill for the purpose of amendment and shall Protection Agency Act of 2009 (to be reported as be considered as read. The rule waives all points of H.R. 3126, Consumer Financial Protection Agency order against the amendment in the nature of a sub- Act of 2009). stitute except those arising under clause 10 of rule Will continue tomorrow. XXI. The rule further makes in order only those GIRLS IN THE JUVENILE JUSTICE SYSTEM amendments printed in the report of the Committee Committee on the Judiciary: Subcommittee on Crime, on Rules. The amendments made in order may be Terrorism and Homeland Security held a hearing on offered only in the order printed in the report, may Girls in the Juvenile Justice System: Strategies to be offered only by a Member designated in the re- Help Girls Achieve Their full Potential. Testimony port, shall be considered as read, shall be debatable was heard from Eileen Larence, Director, Homeland for the time specified in this report equally divided Security and Justice Issues, GAO; Thomas Stickrath, and controlled by the proponent and an opponent, Director, Department of Youth Services, State of shall not be subject to amendment, and shall not be Ohio; and public witnesses. subject to a demand for division of the question. All points of order against the amendments are waived MISCELLANEOUS MEASURES except those arising under clause 9 or 10 of rule Committee on Natural Resources: Subcommittee on In- XXI. sular Affairs, Oceans and Wildlife held a hearing on The rule provides one motion to recommit with the following bills: H.R. 1672, Northwest Straits or without instructions. The rule provides that the Marine Conservation Initiative Authorization Act of Chair may entertain a motion that the Committee 2009; and H.R. 2548, Keep America’s Waterfronts rise only if offered by the chair of the Committee on Working Act of 2009. Testimony was heard from Science and Technology or his designee. Finally, the Representative Pingree; David M. Kennedy, Direc- rule provides that the Chair may not entertain a mo- tor, Office of Ocean and Coastal Resource Manage- tion to strike out the enacting words of the bill. ment, NOAA, Department of Commerce; and public Testimony was heard from Chairman Gordon and witnesses. Representatives Titus and Hall of Texas.

VerDate Nov 24 2008 05:42 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D20OC9.REC D20OCPT1 jbell on DSKDVH8Z91PROD with DIGEST D1202 CONGRESSIONAL RECORD — DAILY DIGEST October 20, 2009 YOUNG-ELDERLY—SPECIAL NEEDS United States Code, to establish the position of Director DISASTER CARE of Physician Assistant Services within the office of the Under Secretary of Veterans Affairs for health, S. 1204, Committee on Transportation and Infrastructure, Sub- to amend the Department of Veterans Affairs Health Care committee on Economic Development, Public Build- Programs Enhancement Act of 2001 to require the provi- ings and Emergency Management held a hearing on sion of chiropractic care and services to veterans at all De- Looking Out for the Very Young, the Elderly and partment of Veterans Affairs medical centers, S. 1237, to Others with Special Needs: Lessons from Katrina and amend title 38, United States Code, to expand the grant other Major Disasters. Testimony was heard from program for homeless veterans with special needs to in- Tim Manning, Deputy Administrator, National Pre- clude male homeless veterans with minor dependents and paredness, FEMA, Department of Homeland Secu- to establish a grant program for reintegration of homeless rity; and public witnesses. women veterans and homeless veterans with children, S. 1302, to provide for the introduction of pay-for-perform- Joint Meetings ance compensation mechanisms into contracts of the De- No joint committee meetings were held. partment of Veterans Affairs with community-based out- patient clinics for the provisions of health care services, f S. 1394, to direct the Secretary of Veterans Affairs to ac- COMMITTEE MEETINGS FOR WEDNESDAY, knowledge the receipt of medical, disability, and pension OCTOBER 21, 2009 claims and other communications submitted by claim- ants, S. 1427, to amend title 38, United States Code, to (Committee meetings are open unless otherwise indicated) establish a Hospital Quality Report Card Initiative to re- Senate port on health care quality in Department of Veterans Af- fairs Medical Centers, S. 1429, to establish a commission Committee on Commerce, Science, and Transportation: Sub- on veterans and members of the Armed Forces with post committee on Science and Space, to hold hearings to ex- traumatic stress disorder, traumatic brain injury, or other amine space, focusing on the value, 2:30 p.m., SR–253. mental health disorders, to enhance the capacity of men- Committee on Energy and Natural Resources: to hold hear- tal health care providers to assist such veterans and mem- ings to examine the costs and benefits for energy con- bers, to ensure such veterans are not discriminated sumers and energy prices associated with the allocation of against, S. 1444, to amend title 38, United States Code, greenhouse gas emission allowances, 9:45 a.m., SD–366. to clarify the meaning of ‘‘combat with the enemy’’ for Committee on Health, Education, Labor, and Pensions: busi- purposes of service-connection of disabilities, S. 1467, to ness meeting to consider the nominations of Craig Beck- amend title 38, United States Code, to provide coverage er, of Illinois, Mark Gaston Pearce, of New York, and under Traumatic Servicemembers’ Group Life Insurance Brian Hayes, of Massachusetts, all to be a Member of the National Labor Relations Board, Rolena Klahn Adorno, of for adverse reactions to vaccinations administered by the Connecticut, and Marvin Krislov, of Ohio, both to be a Department of Defense, S. 1483, to designate the Depart- Member of the National Council on the Humanities, and ment of Veterans Affairs outpatient clinic in Alexandria, Gloria Valencia-Weber, of New Mexico, Julie A. Reiskin, Minnesota, as the ‘‘Max J. Beilke Department of Veterans of Colorado, Martha L. Minow, of Illinois, John Gerson Affairs Outpatient Clinic’’, S. 1518, to amend title 38, Levi, of Illinois, and Robert James Grey, Jr., of Virginia, United States Code, to furnish hospital care, medical serv- all to be a Member of the Board of Directors of the Legal ices, and nursing home care to veterans who were sta- Services Corporation, 10 a.m., SD–430. tioned at Camp Lejeune, North Carolina, while the water Committee on Homeland Security and Governmental Affairs: was contaminated at Camp Lejeune, S. 1531, to amend to hold hearings to examine H1N1 flu, focusing on mon- title 38, United States Code, to establish within the De- itoring the nation’s response, 9:30 a.m., SD–342. partment of Veterans Affairs the position of Assistant Sec- Committee on the Judiciary: to hold hearings to examine retary for Acquisition, Logistics, and Construction, S. the nominations of Jane Branstetter Stranch, of Tennessee, 1547, to amend title 38, United States Code, and the to be United States Circuit Judge for the Sixth Circuit, United States Housing Act of 1937 to enhance and ex- and Benjamin B. Tucker, of New York, to be Deputy Di- pand the assistance provided by the Department of Vet- rector for State, Local, and Tribal Affairs, Office of Na- erans Affairs and the Department of Housing and Urban tional Drug Control Policy, 2 p.m., SD–226. Development to homeless veterans and veterans at risk of Committee on Veterans’ Affairs: to hold hearings to exam- homelessness, S. 1556, to require the Secretary of Vet- ine S. 977, to amend title 38, United States Code, to erans Affairs to permit facilities of the Department of provide improved benefits for veterans who are former Veterans Affairs to be designated as voter registration prisoners of war, S. 1109, to provide veterans with indi- agencies, S. 1607, to amend title 38, United States Code, vidualized notice about available benefits, to streamline to provide for certain rights and benefits for persons who application processes or the benefits, S. 1118, to amend are absent from positions of employment to receive med- title 38, United States Code, to provide for an increase ical treatment for service-connected disabilities, and S. in the amount of monthly dependency and indemnity 1668, to amend title 38, United States Code, to provide compensation payable to surviving spouses by the Sec- for the inclusion of certain active duty service in the re- retary of Veterans Affairs, S. 1155, to amend title 38, serve components as qualifying service for purposes of

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Post-9/11 Educational Assistance Program, and any pend- affected by a hurricane or other major disaster, and for ing calendar business, 9:30 a.m., SR–418. other purposes; H.R. 3542, State Admission Day Rec- United States Senate Caucus on International Narcotics Con- ognition Act of 2009; a Committee Resolution, to adopt trol: to hold hearings to examine United States counter- voucher documentation standards; and a Committee Reso- narcotics strategy in Afghanistan, 11 a.m., SD–138. lution to prohibit text messaging while driving on official business, 11 a.m., 1310 Longworth. House Subcommittee on Elections, hearing on Modernizing Committee on Agriculture, to consider derivatives legisla- the Election Registration Process, 1 p.m., 1310 Long- tion; and to approve the Dunloup Creek Watershed of worth. West Virginia and the Cape Cod Watershed of Massachu- Committee on the Judiciary, to mark up the following setts projects, 2 p.m., 1300 Longworth. bills: H.R. 3596, Health Insurance Industry Antitrust Subcommittee on Rural Development, Biotechnology, Enforcement Act of 2009; H.R. 412, Commission on Specialty Crops and Foreign Agriculture, hearing to ex- Wartime Relocation and Internment of Latin Americans amine U.S. Department of Agriculture rural business pro- of Japanese Descent Act; H.R. 1425, Wartime Treatment grams, conditions for rural entrepreneurship and business Study Act; and H.R. 3237, To enact certain laws relating development, 10 a.m., 1300 Longworth. to national and commercial space programs as title 51, Committee on Armed Services, hearing on U.S. Military United States Code, ‘‘National and Commercial Space Redeployment from Iraq: Issues and Challenges, 10 a.m., Programs,’’ 10:15 a.m., 2141 Rayburn. 210 HVC. Committee on Natural Resources, hearing on H.R. 2523, Committee on Energy and Commerce, to consider the fol- Helping Expedite and Advance Responsible Tribal lowing bills: H.R. 3276, American Medical Isotopes Pro- Homeownership Act or the HEARTH Act, 10 a.m., duction Act of 2009; H.R. 3258. Drinking Water System 1324 Longworth. Security Act of 2009; H.R. 2868, Chemical Facility Anti- Committee on Oversight and Government Reform, Sub- Terrorism Act of 2009; and H.R. 2190, Mercury Pollu- committee on Information Policy, Census, and National tion Reduction Act, 10 a.m., 2123 Rayburn. Archives, hearing entitled: ‘‘The 2010 Census Master Ad- Committee on Financial Assistance, to continue mark up dress File: Issues and Concerns,’’ 2 p.m., 2154 Rayburn. of the Discussion Financial Protection Agency Act of Committee on Rules, to consider H.R. 3619, Coast Guard 2009 (to be reported as H.R. 3126, Consumer Financial Authorization Act of 2010, 3 p.m., H–313 Capitol. Protection Act of 2009), 10 a.m., 2128 Rayburn. Committee on Science and Technology, to consider the fol- Committee on Foreign Affairs, hearing on U.S. Policy To- lowing bills: H.R. 3791, Fire Grants Reauthorization Act ward Burma, 10 a.m., 2172 Rayburn. of 2009; and H.R. 3820, Natural Hazards Risk Reduc- Subcommittee on International Organizations, Human tion Act of 2009, 10 a.m., 2318 Rayburn. Rights and Oversight, hearing on International Violence Subcommittee on Energy and Environment, hearing on Against Women: Stories and Solutions, 2 p.m., 2172 Biomass for Thermal Energy and Electricity Through a Rayburn. Research and Development Portfolio for the Future, 2 Committee on House Administration, to mark up the fol- p.m., 2318 Rayburn. lowing: H.R. 3224, To authorize the Board of Regents Committee on Small Business, to mark up the Small Busi- of the Smithsonian to plan, design, and construct a vehi- ness Financial and Investment Act of 2009, 10 a.m., cle maintenance building at the vehicle maintenance 2360 Rayburn. branch of the Smithsonian Institution located in Suitland, Committee on Veterans Affairs, Subcommittee Disability Maryland, and for other purposes; H.R. 1729, Student Assistance and Memorial Affairs, to mark up the fol- VOTER Act of 2009; H.R. 2843, Architect of the Cap- lowing: H.R. 761, To amend title 38, United States itol Appointment Act of 2009; H.R. 3489, To amend the Code, to provide for the eligibility of parents of certain Help America Vote Act of 2002 to prohibit State election deceased veterans for interment in national cemeteries; officials from accepting a challenge to an individual’s eli- H.R. 3485, Veterans Pensions Protection Act, and other gibility to register to vote in an election for Federal office pending business, 10 a.m., 340 Cannon. or to vote in an election for Federal office in a jurisdic- Permanent Select Committee on Intelligence, executive, brief- tion on the grounds that the individual resides in a ing on Update on Counternarcotics Efforts in Mexico, 10 household in the jurisdiction which is subject to fore- a.m., and executive, hearing on Patriot Act Reauthoriza- closure proceedings or that the jurisdiction was adversely tion, 2 p.m., 304 HVC.

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Next Meeting of the SENATE October 1, 2009, through October 3, 2009, as ‘‘Celebrate Safe 9:30 a.m., Wednesday, October 21 Communities Week,’’ and October as ‘‘Crime Prevention Month’’; (4) H. Res. 811—Expressing support for designation Senate Chamber of October 2009 as ‘‘National Principals Month’’; (5) H. Res. 837—Recognizing Kentucky Wesleyan College; (6) H. Res. Program for Wednesday: After the transaction of any morn- 660—Recognizing the distinguished history of the Laurinburg ing business (not to extend beyond two hours), Senate will Normal Industrial Institute; (7) H. Res. 836—Expressing sup- begin consideration of the nomination of Roberto A. Lange, to port for Teen Read Week; (8) S. Con. Res. 43—Authorizing be United States District Judge for the District of South Da- the use of the rotunda of the Capitol for the presentation of kota, and after a period of debate, vote on confirmation of the the Congressional Gold Medal to former Senator Edward nomination at 2 p.m. Also, Senate is expected to vote on the Brooke; (9) H. Res. 823—Expressing deep condolences to the motion to invoke cloture on the motion to proceed to consider- families, friends, and colleagues of those killed and injured in ation of S. 1776, Medicare Physicians Fairness Act. the attack on the United Nations World Food Program office in Islamabad, Pakistan, on October 5, 2009, and support for the WFP’s mission to bring emergency food aid to the most Next Meeting of the HOUSE OF REPRESENTATIVES vulnerable people of Pakistan and around the world; (10) H. 10 a.m., Wednesday, October 21 Res. 761—Remembering and commemorating the lives and work of the Jesuit Fathers on the occasion of the 20th anniver- sary of their deaths at the University of Central America Jose House Chamber Simeon Canas located in San Salvador, El Salvador on Novem- Program for Wednesday: Consideration of the following sus- ber 16, 1989; (11) H. Res. 672—Calling on the Government pensions: (1) H.R. 3792—Ryan White HIV/AIDS Treatment of the Socialist Republic of Vietnam to release imprisoned Extension Act; (2) H.R. 3632—Federal Judiciary Administra- bloggers and respect Internet freedom; and (12) H. Res. 175— tive Improvements Act; (3) H. Con. Res. 177—Raising the Condemning the Government of Iran for its state-sponsored awareness of the need for crime prevention in communities persecution of its Baha’i minority and its continued violation across the country and expressing support for designation of of the International Covenants on Human Rights.

Extensions of Remarks, as inserted in this issue

HOUSE Gerlach, Jim, Pa., E2573 Lynch, Stephen F., Mass., E2577, E2581 Serrano, Jose´ E., N.Y., E2583 Granger, Kay, Tex., E2577 Maloney, Carolyn B., N.Y., E2579 Simpson, Michael K., Idaho, E2579 Adler, John H., N.J., E2576 Harper, Gregg, Miss., E2573 Meek, Kendrick B., Fla., E2576 Smith, Adam, Wash., E2586 Andrews, Robert E., N.J., E2578 Hastings, Alcee L., Fla., E2578 Miller, Candice S., Mich., E2584 Souder, Mark E., Ind., E2585 Bishop, Rob, Utah, E2574 Hensarling, Jeb, Tex., E2574 Miller, George, Calif., E2578 Space, Zachary T., Ohio, E2573 Boozman, John, Ark., E2587 Inglis, Bob, S.C., E2588 Minnick, Walt., Idaho, E2576 Clay, Wm. Lacy, Mo., E2583 Johnson, Eddie Bernice, Tex., E2581, Mitchell, Harry E., Ariz., E2573 Titus, Dina, Nev., E2586 Connolly, Gerald E., Va., E2586, E2588 E2584, E2585 Neugebauer, Randy, Tex., E2578 Towns, Edolphus, N.Y., E2574, E2576, Conyers, John, Jr., Mich., E2575, E2577, Kanjorski, Paul E., Pa., E2580 Olver, John W., Mass., E2583 E2577, E2579, E2580, E2582, E2585 E2579, E2581, E2584 Kilroy, Mary Jo, Ohio, E2587 Pascrell, Bill, Jr., N.J., E2575, E2580, Wexler, Robert, Fla., E2577 Davis, Geoff, Ky., E2576 Lewis, John, Ga., E2586 E2585 Farr, Sam, Calif., E2580 Loebsack, David, Iowa, E2574 Rogers, Mike, Ala., E2585

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