E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 112 CONGRESS, FIRST SESSION

Vol. 157 WASHINGTON, THURSDAY, MARCH 10, 2011 No. 36 House of Representatives The House met at 10 a.m. and was This week the Rasmussen Report Mr. Speaker, I also want to show a called to order by the Speaker pro tem- finds that 52 percent of voters want our poster from the honor guard at Dover pore (Mr. LATTA). troops home from Afghanistan this walking a transfer case, which most f year. To quote this poll, ‘‘A majority of people know is a coffin. It’s the re- voters, for the first time, support an mains of an American hero off the DESIGNATION OF SPEAKER PRO immediate withdrawal of all U.S. plane. This again is war and the pain of TEMPORE troops from Afghanistan or the cre- war. The SPEAKER pro tempore laid be- ation of a timetable to bring them all Mr. Speaker, this is a beautiful, fore the House the following commu- home within a year.’’ handsome couple. It’s a young marine, nication from the Speaker: Fourteen months ago, I asked a re- his wife, and his child. This young ma- WASHINGTON, DC, tired military general to advise me on rine had been deployed so much that he March 10, 2011. Afghanistan. I have asked him for his developed PTSD. A year ago, on the I hereby appoint the Honorable ROBERT E. thoughts, and I will read some of them main drag at Camp Lejeune known as LATTA to act as Speaker pro tempore on this to you. Back in November, I emailed McHugh Boulevard, he committed sui- day. this general and I said, What do you cide. He stepped out of the car, he put JOHN A. BOEHNER, Speaker of the House of Representatives. think about the possibility of being in a gun to his head, and he committed Afghanistan for 4 more years? suicide. f Mr. Speaker, he replied, ‘‘I do not be- Mr. Speaker, I hope that the Con- MORNING-HOUR DEBATE lieve that 40 more years would guar- gress would join Mr. KUCINICH, Mr. The SPEAKER pro tempore. Pursu- antee ’victory,’ whatever that is; so 4 PAUL, and others in this House and ant to the order of the House of Janu- will do nothing. The war is costing let’s have a debate, and let’s vote. Let’s ary 5, 2011, the Chair will now recog- money and lives, all in short supply.’’ meet our constitutional responsibility, nize Members from lists submitted by Mr. Speaker, there is a retired lieu- and let’s bring our troops home before the majority and minority leaders for tenant colonel in Jacksonville, North we break the military. It is time to morning-hour debate. Carolina, which is in my district, who bring our troops home from Afghani- The Chair will alternate recognition served in the United States Marine stan. between the parties, with each party Corps for 31 years. His name is Dennis Mr. Speaker, as I always do, I ask limited to 1 hour and each Member Adams. He wrote me a letter, and the God to please bless our men and women other than the majority and minority last paragraph of the letter I would in uniform. I ask God to please bless leaders and the minority whip limited like to read to the House. the families of our men and women in to 5 minutes each, but in no event shall ‘‘I urge you to make contact with all uniform. I ask God to love the families debate continue beyond 11:50 a.m. the current and newly elected men and who have given a child dying for free- f women to Congress and ask them to dom in Afghanistan and Iraq, and I ask end this war and bring our young men God to please bless the House and Sen- END THE WAR IN AFGHANISTAN and women home. If any of my com- ate that we would do what is right in The SPEAKER pro tempore. The ments will assist you in this effort, you the eyes of God. I ask God to give wis- Chair recognizes the gentleman from are welcome to use them and my dom, strength, and courage to Presi- North Carolina (Mr. JONES) for 5 min- name.’’ dent Obama that he will do what is utes. Mr. Speaker, I want to show the right in the eyes of God. Mr. JONES. Mr. Speaker, yesterday, faces. I want to show the faces of war And three times I will ask, God DENNIS KUCINICH, RON PAUL, and I, and the faces of pain. please, God please, God please continue along with other colleagues, held a This is a young man whose name is to bless America. press conference to announce House Phillip Jordan. At the time of his fa- f Concurrent Resolution 28, which would ther’s death—his father was a gunnery require the President to withdraw all sergeant—he was 6 years of age. I wish DIRTY AIR United States Armed Forces from Af- the people could see the eyes of this The SPEAKER pro tempore. The ghanistan by the end of 2011. young boy, 6 years of age, with a folded Chair recognizes the gentleman from Last month’s USA Today/Gallup poll, flag under his arm and the coffin that Tennessee (Mr. COHEN) for 1 minute. 72 percent of Americans favor congres- is following right behind him. This is Mr. COHEN. Mr. Speaker, I rise in sional action this year to bring our war. Children feel war as adults feel opposition to Chairman UPTON’s dirty troops home from Afghanistan. war. air act.

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.

H1669

.

VerDate Mar 15 2010 01:30 Mar 11, 2011 Jkt 099060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A10MR7.000 H10MRPT1 tjames on DSKG8SOYB1PROD with HOUSE H1670 CONGRESSIONAL RECORD — HOUSE March 10, 2011 In 2007, the Supreme Court issued the agree that when President Bush tapped ture energy production. This includes a Massachusetts v. EPA decision, direct- into the strategic reserve during the large portion of Alaska’s Outer Conti- ing the EPA to examine greenhouse gas aftermath of Katrina, it was in re- nental Shelf, even though expanding emissions and their impact on the pub- sponse to a serious supply disruption production would ultimately create up- lic health. EPA conducted a highly and an unforeseeable disaster. wards of 1.2 million jobs and generate credible, peer-reviewed scientific anal- But if we draw down on these re- $8 trillion in economic output. That’s ysis under the Bush EPA and the serves when gas hits $4 a gallon, what why we must immediately begin a Obama EPA, both concluding that will we do if the reserves are depleted long-term energy policy and begin to greenhouse gases harm our health. and then a real emergency hits? The drill today to deal with higher gas This was not a political analysis; it President’s shortsighted answer to our prices. was a scientific analysis. But that has rapidly increasing oil and gas prices I also believe that it is vitally important to in- not stopped the chairman from trying does nothing to protect America from vest in the development of clean coal tech- to legislatively undermine scientific future energy prices skyrocketing, nor nologies. Coal is our Nation’s most abundant fact. According to the EPA, President does it help lead toward American en- and affordable energy resource, and another Nixon’s Clean Air Act will prevent ergy independence. way to energy independence is through eco- 230,000 premature deaths and result in From the beginning, the Obama ad- nomically and environmentally sound clean $2 trillion in economic benefits in 2020. ministration has failed to initiate a se- coal technology. President Obama has specifi- But, Chairman UPTON has decided, rious energy policy. Instead, this ad- cally said that he would bankrupt the coal in- with much help from corporate pol- ministration has actively taken steps dustry through regulations and impossible luters’ lobbyists, that the fiscal and to block or delay American energy pro- standards. physical well-being of the American duction, therefore making us more de- Democrats continue to operate an anti-busi- people are less important than Big pendent on unstable foreign countries’ ness agenda and restrict the advancement of Oil’s importance and Big Oil’s billion oil production. domestic energy development through regula- dollar bottom line next quarter. b 1010 tions, moratoriums and increased taxes on The bottom line for America is that American energy production. The President’s undermining EPA science will cost Recently, we remembered the 50th 2012 budget includes over $60 billion in tax trillions. anniversary of President Kennedy’s in- and fee increases on American energy pro- auguration. Following that inaugura- f duction. This will only add to the burden of tion, the President stood in this very families and businesses. PAIN AT THE PUMP Chamber and challenged our Nation to The current unrest in the Middle East only The SPEAKER pro tempore. The make it a national goal to place a man emphasizes the importance for America to de- Chair recognizes the gentleman from on the Moon and return him safely velop more of its own domestic resources. Mississippi (Mr. NUNNELEE) for 5 min- back to Earth before the decade is out. American energy production can lower prices, utes. Today, we should make it a national create good jobs and decrease our reliability Mr. NUNNELEE. Mr. Speaker, frus- priority that before the end of this dec- on foreign oil. We need to start paying Ameri- trations are growing as Americans are ade, the United States should achieve cans and stop funding our enemies. feeling real pain at the pumps. The ris- energy security and energy independ- Our country has been blessed with clean ing gas prices are a serious strain on an ence. By actively producing our own and efficient energy resources. Let’s stop put- economy that is beginning to show energy resources, America will not ting unreasonable restrictions on our natural small signs of recovery. only be independent from volatile re- resources and allow America to claim energy Right now, the average gas price in gions of the world, but we will supply independence. Mississippi is $3.50 a gallon, and I don’t our own energy. f think anybody would be surprised if Now there is no single ‘‘silver bullet’’ that number continues to rise. Every and Republicans support an all-of-the- FORECLOSURE CRISIS AND GOP time gas prices go up by one penny, above approach that includes more GUTTING FORECLOSURE PRO- that costs American consumers $4 mil- American oil, more American natural GRAMS lion a day. gas, coal and nuclear energy. We need The SPEAKER pro tempore. The Families in north Mississippi have to expand U.S. oil exploration imme- Chair recognizes the gentlewoman from been dealing with tight budgets for the diately in the Gulf of Mexico and Alas- California (Ms. CHU) for 5 minutes. last couple of years, and rising gas ka. The gulf produces nearly one-third Ms. CHU. Mr. Speaker, the effects of prices severely impact an already of our domestic oil. Offshore natural the foreclosure crisis and economic tightened family budget. We all know gas produced in the gulf region ac- downturn have had a devastating im- that ultimately gas prices will be counts for 13 percent of the total U.S. pact on American families. Because of passed on in higher prices to the con- production. However, a de facto mora- shoddy business practices and enor- sumer through higher transportation torium still exists, even though the of- mous risks taken by big banks, our costs, increased costs of groceries and ficial moratorium was lifted last May housing and financial systems have ut- other commodities. When there is no and October. terly collapsed. And in the wake of this extra money in the pocketbooks, there Not only has the gulf lost 12,000 qual- destruction, millions of Americans is certainly no padding in the family ity jobs because of the moratorium, have lost their jobs, their homes and budget to accommodate this increase but these rigs are actively leaving that their quality of life. in the cost of living associated with region and moving to foreign countries As the casualties rose and home- higher gas prices. such as Cuba, Brazil and Mexico. owners clamored for some relief, the As turmoil in the Middle East con- In February, Federal Judge Feldman government stepped in to do what it tinues, coupled with emerging demand gave the Department of the Interior 30 could. But with the scope of the prob- for Third World developing countries days to rule on seven deepwater drill- lem, government foreclosure relief pro- that places demand on foreign energy ing permits. As of today, only one of grams alone just aren’t enough. We demands, that’s going to cause gas those permits has been issued. That is should do more—more to fix the hous- prices to further increase. This prob- simply inexcusable. This type of delib- ing market and more especially to cre- lem is serious, and it needs to be ad- erate inaction and negligence fails to ate jobs, because putting people back dressed now. It needs to be addressed meet the needs of a struggling U.S. to work will do more to right our econ- through exploring more domestic en- economy. That is why I’m a proud co- omy, help people pay their mortgages ergy production. sponsor of House Resolution 140, which and get the banks back to lending than However, President Obama has of- calls for a streamlining of the permit anything else. fered a short-term solution, tapping process for shallow and deepwater drill- But the Republican House leadership into the Strategic Petroleum Reserve. ing in the gulf. hasn’t gotten the message. In the last The Strategic Petroleum Reserve is In 2008, President Obama put the en- 10 weeks since the Republicans took available for national emergencies at a tire Pacific coast, Atlantic coast and control of the House, they haven’t cre- time of crisis. Mississippians can all the eastern gulf coast off-limits to fu- ated a single job. What’s worse, they

VerDate Mar 15 2010 01:30 Mar 11, 2011 Jkt 099060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K10MR7.002 H10MRPT1 tjames on DSKG8SOYB1PROD with HOUSE March 10, 2011 CONGRESSIONAL RECORD — HOUSE H1671 haven’t even put a single jobs bill on know don’t work rather than trying to taining our empire around the world. the House floor. Instead of creating fix the policies we know that can work. We are in the process of remaking all jobs, they are slashing them. The GOP Struggling Americans deserve better the borders and leadership in the Mid- spending plan eliminates 700,000 jobs than that. dle East and Central Asia, and now in and stifles economic growth. Rather f North Africa we’re getting involved. than moving the Nation forward, they We have invested $70 billion trying to NO-FLY ZONE: A CHALLENGE TO are forcing America backward. prop up a dictator in Egypt, and look THE WAR POWERS RESOLUTION And this week is no different. Repub- at how that ended up. Now we are licans are making things worse for The SPEAKER pro tempore. The hustling around to find out who the American families as they continue Chair recognizes the gentleman from next dictator is. their assault on the middle class. They Texas (Mr. PAUL) for 5 minutes. So if we get involved, I’m not sure want to completely abolish four pro- Mr. PAUL. The important question they even know who to bomb and grams designed to help homeowners being asked today with regards to for- which one and who is going to come keep their houses and avoid fore- eign policy is should the United States out on top. That is an internal matter. closure. Republicans have no interest impose a no-fly zone over Libya? There It is a civil war that is going on. We in making these programs work better are leaders on both sides of the Capitol can cheer for one side or the other, but for the American people. By offering and leaders in both parties who are that is not a justification to place the nothing in their place, the GOP is sim- now advising this as well as individuals burden on the American people, both ply abandoning hardworking home- in the administration. It is my opinion militarily and individually, as well as owners who are underwater and strug- that we should not. It would be foolish, monetarily. Some would say yes, that gling to find jobs to pay the bills. it would have a downside, and we sounds good, I agree, and as long as we Now, we all know that government should think very, very carefully be- get approval from the U.N. and NATO, foreclosure programs are not perfect. fore we go expanding the wars that it will be okay. But, you know, that is But why are we completely disman- we’re already involved in. We’re in two just really a cop-out. What army and tling programs that have helped thou- major wars with Iraq and Afghanistan, air force and technology does the U.N. sands of Americans stay in their and that involves Pakistan and Yemen have, and what does NATO have? You homes? Though not perfect, why are we already. get a resolution at the U.N. that says targeting the victims of the foreclosure So to go into Libya now and impose let’s take out this bad guy and do these and financial crises instead of helping a no-fly zone—we have to remember, a things, or NATO does it. They are all of them by fixing these programs? no-fly zone is an act of war. What our airplanes and all our money. And There’s a lot that we can do better moral right do we have to participate no matter what, anything and every- without giving up on people like Fran- in war activity against Libya? Libya thing that goes wrong, the United cisco. Francisco is from Duarte in my hasn’t done anything to the United States will be blamed for it. There is district. After a year, he was under- States. They’re not a threat to our na- enough resentment against us already water, and, at the height of the reces- tional security. There’s been no aggres- for pretending that we can tell every sion, he tried to modify his home loan. sion. There’s no constitutional author- other country how to live. He visited his servicer and was pushed ity for a President to willy-nilly go and The best way to look at this, I be- back and forth between customer rep- start placing no-fly zones over coun- lieve, is how would we as a people and resentatives. After 2 years of fighting tries around the world. how would we as a Congress respond if for help, he only had four pieces of mail We tried this in the 1990s and did it we were a weaker nation and there was from the lender to show for it. He was for 8 or 9 years. We had a no-fly zone, a stronger nation, if they came and im- eventually denied the modification, along with sanctions and blockades, posed a no-fly zone over us or had sanc- and he can’t even appeal the decision. around Iraq. Finally, it ended up with tions against us or had a blockade. We And though we should be doing more to war. And the wars were based on lies. wouldn’t accept that. That would unify help him, the Republican plan of doing And then when that happened they us. So I don’t buy into this thing that nothing means that he is completely said, yes, but it was well worth it be- this is the only humanitarian thing we out of luck. cause we got rid of a bad guy. But we can do, expand the war. Commonsense improvements can be also lost close to 4,500 American mili- If we want to do something for hu- made to make the government fore- tary people, 30-some thousand suffered manity, we need a new foreign policy. closure program better, ones that could severe injuries and hundreds of thou- We need a foreign policy that isn’t provide relief to Francisco. Take the sands are applying now for disability built on militarism; it’s built on more Home Affordable Modification Pro- because we went to war when we cooperation and more trade and not gram, or HAMP. Simple fixes like hav- shouldn’t have gone to war. picking our dictators. ing a case manager assigned to each To expand this war now makes no Look at what happened after we case will allow for better communica- sense whatsoever. It’s against inter- picked a dictator for Iran. Sure, it tion between the customer and the national law. It challenges the War lasted for 25 years or so. But eventu- bank. If a customer is denied a loan Powers Resolution. For that reason, we ally it radicalized the Islamists and modification, it would be more effec- should stop and think. Congress should they had a revolution, and we came out tive to appeal the decision instead of act. I’m preparing to introduce a reso- on the short end of that. So I think it having to reapply all over again. And lution next week that it is the sense of is time that we reassess this and think we can do more to provide incentives Congress that the executive branch about a policy that makes a lot more for banks to complete modifications can’t do this without approval from the sense. Economically, we need to do it. and ensure that servicers complete due Congress. f diligence before denying modifications. These are reasonable solutions that b 1020 NUCLEAR WASTE AT YUCCA servicers have been slow to adopt, if at Why should we do this? Do you think MOUNTAIN: OVER MY DEAD BODY all. And if we don’t make changes to it will cost some money? Yes, it is The SPEAKER pro tempore. The these programs and instead just throw going to cost a ton of money. Innocent Chair recognizes the gentlewoman from them away, what will struggling home- people will be killed. You can’t just all Nevada (Ms. BERKLEY) for 5 minutes. owners be left with? They will be left of a sudden turn a switch and say don’t Ms. BERKLEY. Mr. Speaker, I have to the banks whose bad policies caused fly over Libya; you have to bomb a lot been in Congress now for 12 years. The this financial crisis in the first place. of anti-aircraft sites and a lot of mili- very first speech I made on the floor of They will be left with unstable commu- tary establishments, so the war is on. the House was why nuclear waste nities strewn with abandoned homes, From my viewpoint, this is the kind should not be stored at Yucca Moun- and they will be left without a home of thing that has been going on too tain, Nevada. I cannot believe 12 years and no one to turn to for help. long. It contributes significantly to our from when I first made that speech, I It sounds like Republicans would bankruptcy, and we are now spending am back in the well of the House talk- rather return to old policies that we approximately $1 trillion a year main- ing about why Nevada should not be

VerDate Mar 15 2010 01:30 Mar 11, 2011 Jkt 099060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K10MR7.005 H10MRPT1 tjames on DSKG8SOYB1PROD with HOUSE H1672 CONGRESSIONAL RECORD — HOUSE March 10, 2011 the site for the nuclear repository for clear waste shipped to Yucca Mountain work touched so many millions of peo- this country. because it will be shipped over my dead ple. He was encouraged every day be- President Obama defunded the Yucca body. I will lay across those railroad cause he truly felt the Afghani people Mountain project, and let me tell you tracks and stop that train from depos- appreciated what the U.S. military is why he took this very bold step: be- iting nuclear waste in my great State. doing. cause 77 percent of the people of the I oppose the cuts as much as I oppose b 1030 State of Nevada do not want nuclear the funding of Yucca Mountain. I op- waste stored at Yucca Mountain. There pose the cuts in the solar energy loan He desired to build a school for the are groundwater issues, seismic activ- guarantee program that will cut 600 Afghani children once the Taliban had ity, volcanic activity, and it is 90 miles jobs from the State of Nevada and pre- been driven out. from the major population center of vent us from moving forward for a No words can express the loss of Las Vegas. bright, renewable energy future. Lance Corporal Johnson’s family and how they feel. And I’m proud to salute It is dangerous. There are no current f EPA standards. And why is that? No such a fine young son, brother, uncle, current EPA radiation standards, be- HONORING LANCE CORPORAL and friend. cause there is no way to set radiation RAYMON JOHNSON The young men and women of our standards for material that has a ra- The SPEAKER pro tempore. The armed services continue to make great dioactive half shelf life of 300,000 years. Chair recognizes the gentleman from sacrifices every day for the Nation that But the Republican budget that has Georgia (Mr. WESTMORELAND) for 5 they love and a Nation that will never just been submitted resurrects Yucca minutes. forget to remember the debt that they Mountain and starts the process of Mr. WESTMORELAND. Mr. Speaker, have paid. dumping another $100 billion into a I come before the House this morning Thank you, Raymon Johnson. hole in the Nevada desert where there with great sorrow but also with great f honor to celebrate the life of Lance will never, ever be any nuclear waste THE FEDERAL BUDGET AND OUR Corporal Raymon Johnson, who an- stored. NATION’S PRIORITIES At the same time that the majority swered his Nation’s call of duty in 2007 is calling for spending more money to after graduating from Shaw High The SPEAKER pro tempore. The dump nuclear waste at Yucca Moun- School in 2006. On October 13, 2010, he Chair recognizes the gentleman from tain, they are also pushing for dev- made the ultimate sacrifice while serv- Washington (Mr. MCDERMOTT) for 5 astating cuts that will end the loan ing his country and protecting his minutes. guarantees for a new solar power plant country and fellow servicemen abroad. Mr. MCDERMOTT. Mr. Speaker, it’s in the State of Nevada near the com- He was killed while conducting combat been 2 years, 5 months, and 23 days munity of Tonopah. The result will be operations in the Helmand Province of since Lehman Brothers collapsed and the loss of 600 jobs at a time when the Afghanistan. the Wall Street dominos began to fall. Silver State has double-digit unem- Lance Corporal Johnson was de- It’s been 21⁄2 years since Wall Street ployment. Almost 15 percent of the ployed to Afghanistan as part of the 1st mortgage bond traders and their crimi- people who live in Nevada have no job, Battalion, 8th Marine Regiment, 2nd nal management brought the world fi- and they are going to take away 600 Marine Division out of Camp Lejeune, nancial system to its knees. more by this very foolish act. Con- North Carolina. He leaves behind his There hasn’t been one person held ac- struction of this new solar plant will mother, Gwendolyn; his father, Greg- countable for it. Not one conviction. not only provide hundreds of paychecks ory; a sister, LaQuita; and a brother, The biggest scandal in American his- to Nevada workers, it will also supply Ramon, who serves in the Georgia Na- tory, and there’s been no jail time for enough clean and renewable energy to tional Guard. He also leaves behind a anyone. power 75,000 homes in the State of Ne- nephew, Andre. We Democrats cleaned up the mess. vada. Without these loan guarantees Raymon desired to become a United We saved the country from riots in the that are now on the Republican chop- States Marine from an early age. Fam- streets. But no one was convicted. I ping block, this solar project’s bright ily members recall Raymon spending think a lot of voters, Tea Party voters future is looking mighty, mighty dim. hours playing military video games included, are seething with anger about Tapping renewable energy sources, and watching the military channel the injustice. like the wind and solar and geo- when he was a teenager. Raymon began Riding this wave of voter anger, 2 thermal, all in great abundance in the training to enter the service even be- weeks ago this House passed one of the State of Nevada, is where the future of fore he graduated from high school, worst bills ever considered in Congress, this Nation and certainly Nevada’s en- and he passed up recruitment offers H.R. 1, a bill the Republicans have ergy needs are. from the Navy, the Army, and the Air called a ‘‘budget,’’ that was nothing Do we want to continue to rely on Force to join the Marines. Many family less than an attack on children and the Saudis and the Venezuelans and members were apprehensive about working people in this country. I think the Libyans for our energy needs to be Raymon joining the Marines, but he all the people who voted for it should met? I don’t think so. Renewable is the felt it was his duty to serve. He told his be ashamed. way to go. family: Don’t try to worry about me Budgets are moral documents. They This Nation and Nevada’s future is in much, I’m glad I’m doing what I always say what a country’s priorities are. But clean energy, not in nuclear waste wanted to do. looking at what the Republicans passed stored at Yucca Mountain, yet the Re- Friends and family members who re- in this House, it’s hard to believe that publicans want to cut funding for solar called Raymon remember a young man the bill is what Tea Party voters really and other renewable resources that can who was not only driven to serve his bargained for in the last election. be harnessed to provide clean energy country, but also someone who was In the papers this week, we’re read- and jobs for our local workers. And caring, compassionate, and filled with ing that the Tea Party freshmen are they are pushing these cuts while call- integrity. At his funeral, a teary-eyed now going to school. They are taking ing for $100 billion to be dumped down Ramon Johnson, his twin brother, re- classes on the Federal budget—‘‘Budget a hole in the middle of the Nevada membered the good times he and his 101’’ is what they call it. So after they desert, as I said, 90 miles from a major brother had baking cakes with their balanced the books of the country en- population center. grandmother. His uncle, a reverend and tirely on the backs of children and I reject these efforts to restore the former Marine, said Raymon wanted to women, they are actually learning a funding to Yucca Mountain. It is more fight for a cause. thing or two about the budget. It’s wasteful spending at a time when they Like all men and women in the about time. They’re learning the basics are talking about fixing the deficit. armed services, Lance Corporal John- after the vote. This is no way to do it by adding an son wanted to serve his country brave- But I don’t think the Tea Party vot- extra $100 billion. And I will make this ly, and he did. He took satisfaction in ers wanted a war on children. Tea pledge to you now: There will be no nu- his job every day because he knew his Party freshmen certainly didn’t run on

VerDate Mar 15 2010 01:30 Mar 11, 2011 Jkt 099060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K10MR7.006 H10MRPT1 tjames on DSKG8SOYB1PROD with HOUSE March 10, 2011 CONGRESSIONAL RECORD — HOUSE H1673 that basis. I think the voters look at In recent weeks I have come to the b 1040 what this country has been through in floor to argue that the Republican You have to cut billions in funding the last few years and they see the ter- spending plan does two extremely into new medical cures and energy rible injustice of it. I don’t think the harmful things: It weakens our econ- technologies. You have to kick 200,000- Tea Party movement is about pun- omy and fails to seriously reduce our plus children off of Head Start. You ishing women and children and poor debt. even have to cut port and transit secu- Democrats agree that cutting spend- people. I think they want common- rity by two-thirds. Hear that again. ing is part of the solution to our dif- sense justice. They’re cutting port and transit secu- Mr. Speaker, only 12 percent of the ficult problems that confront us. But rity by two-thirds while they’re hold- country’s budget is spent on these im- we also believe that cuts should be ing terrorism hearings. portant programs for the needy. When smart and targeted, not reckless. The chairman of the House Homeland you cut these programs, you pull Rather than cutting investments in Security Committee, a Republican, American children out of Head Start, growth—at the same time our inter- you put Americans on the street, you national competitors are ramping up said those cuts were ‘‘too dangerous.’’ let the bridges we go to work on crum- theirs—Democrats support the Make It As David Brooks recently argued, Con- ble. That doesn’t balance the budget. In America agenda, a plan to invest in gress should ‘‘never cut without an Without any changes to current pol- innovation, manufacturing jobs, and evaluation process.’’ But instead, legis- icy, the budget deficit will drop to $500 middle class opportunity. That’s what lators—he referred to the Republican billion in 2 years. Now, that deficit will the President talked about in his State initiatives—‘‘are simply cutting on the slowly rise again. This slow rise in the of the Union, and he was right. basis of what’s politically easy and coming years is the big issue, and it’s Unfortunately, the consensus that what vaguely seems expendable.’’ caused by two things: increased health the Republican spending plan will halt It may be possible to portray taking care costs and a defense budget that is our economic recovery and cost jobs is on 14 percent of the budget as fiscally out of control. widespread and nonpartisan. responsible, but only because doing so Mr. Speaker, we’re going to fix the Fed Chairman Ben Bernanke, ap- exploits Americans’ misunderstanding long-term budget deficit of this coun- pointed by President Bush, tells us of the budget. A recent poll shows that try by lowering health care costs and that the plan will cost ‘‘a couple of 63 percent of Americans think we spend by having a sensible defense budget. We hundred thousand’’ jobs. Macro- more on defense and foreign aid than aren’t going to do it in an orgy of in- economic advisers tell us that the Re- we do on Medicare and Social Secu- tolerance and demonization of the mid- publican plan will wipe out approxi- rity—all the blue, all the green, and dle class and working people in this Re- mately 450,000 jobs. Moody’s Analytics then the yellow, that small sliver— publican budget. chief economist Mark Zandi, who ad- which, by the way, includes discre- I think the Tea Party voters want re- vised Senator MCCAIN in his Presi- tionary foreign policy expenditures. sponsible spending. So do my constitu- dential campaign, tells us that it will Mr. Speaker, I urge our citizens to ents. The Tea Party voters want basic cost up to 700,000 jobs. The Economic look at the consequences of these cuts fairness. So do my constituents. Tea Policy Institute puts the number at and look at the small sliver that the Party voters have been misled by the 800,000 jobs. Whatever the precise num- Republicans are focusing themselves on American fear machine into thinking ber, it is a large number of jobs that and you and me on. We need to see the that education and basic services and will be lost if we pass the Republicans’ whole picture if we’re going to come to public employees is where the big sav- budget solutions. grips with the challenge that confronts ings are. That is a terrible myth and a What they want to do, as the gen- us. terrible disservice to the public. tleman from Washington State said, When another poll asked Americans how I hope the Tea Party members in the this is all exempt. This is security. much we spend on foreign aid, the average House quickly learn the basic math of These are all mandatory expenditures. estimate was 27 percent—when the right an- the budget. The deficit is about defense This small slice of the budget, about swer is about 1 percent. and health care spending, not about $460 billion, the Republicans want to It is entirely out of step with fiscal reality to pushing even more children into pov- cut by 22 percent, give or take a per- attempt to tackle our deficit while ignoring 86 erty. centage point. So they are holding percent of the budget. Every Member of this House ought to harmless almost all of 85 to 86 percent ‘‘Fiscal responsibility’’ is not synonymous watch the 60 Minutes segment from of the money that we spent and say with ‘‘cutting non-security discretionary spend- last Sunday night on children who are we’re simply going to cut from edu- ing.’’ living in cars, living in motels, living cation, from health care, from chil- In truth, fiscal responsibility is much more in shelters because they have lost their dren, from community development— difficult than that. homes. Twenty-five percent of Amer- projects—the guts of what makes our As former Republican Congressman Joe ican children in this country are living communities have a better quality. At Scarborough put it this week, ‘‘The belief of in poverty. That show looked like we the same time, I have argued the Re- some on the right that America can balance were looking at Bangladesh. That’s publican spending plan barely puts a the budget by cutting education, infrastructure, what we ought to be pointing to, not dent in our budget deficit. the corporation for public broadcasting, and It’s reasonable to ask how can this spending our time out here today on home heating assistance to the poor is tanta- plan have such severe consequences for H.R. 830, whacking the daylights out of mount to budgetary witchcraft.’’ another bill to prevent foreclosures. It our economy, yet so little impact on our fiscal predicament? This chart We have to start doing more. is simply not what America is about. We have to address the Defense spending I urge all my colleagues to vote ‘‘no’’ helps us answer the question. All of the that takes up more than a quarter of our budg- and to go pull up on the Web that seg- proposed cuts, all of the cuts, come et. We have to make hard choices that can ment from last Sunday night and look from this small slice of the budget, the keep our entitlements strong for generations to at the faces of those children and real- category of our budget called ‘‘non-se- come. ize you’re creating their lives by the curity discretionary spending.’’ And, with tax revenues at a 60-year low, we kind of economy you put together. But non-security discretionary have to pass deficit-reducing tax reform. f spending, the gentleman from Wash- ington State said 12 percent. We have Unless we’re willing to take on that hard BUDGET/DISCRETIONARY here 14 percent. It’s in that neighbor- work, on a bipartisan basis, none of us de- SPENDING hood depending upon exactly what you serve to call ourselves fiscally responsible. The SPEAKER pro tempore. The include as security or non-security. f Chair recognizes the gentleman from When you attempt to find $100 billion NFL PLAYERS AND TEACHERS Maryland (Mr. HOYER) for 5 minutes. in savings and when you insist on get- Mr. HOYER. Mr. Speaker, I want to ting these savings from 14 percent of The SPEAKER pro tempore. The congratulate the gentleman from the budget, you have to cut very deeply Chair recognizes the gentleman from Washington State for focusing America into absolutely essential projects and California (Mr. GEORGE MILLER) for 5 on what the issues are before us. programs for our people. minutes.

VerDate Mar 15 2010 01:30 Mar 11, 2011 Jkt 099060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K10MR7.007 H10MRPT1 tjames on DSKG8SOYB1PROD with HOUSE H1674 CONGRESSIONAL RECORD — HOUSE March 10, 2011 Mr. GEORGE MILLER of California. Will teachers be given time to perfect a pleasure cruise. It doesn’t take a Mr. Speaker, the National Football lesson plans and presentations? Will he mental giant to figure who got our League contract bargaining fight could or she have a say in campus safety? money. teach an important lesson to the Gov- Will they be included in the reform de- According to a recent report, the eco- ernor of Wisconsin about how to ensure cisions that are made for the school nomic crisis that Wall Street precip- high-quality teachers in his State. and for the students? itated has now caused massive tax rev- When Governor Walker dictates that All over America school districts are enue shortfalls for the Federal Govern- teachers will lose their collective bar- changing the rules from the mere plati- ment and our State governments total- gaining rights except for negotiations tudes that teachers are the most im- ing nearly $300 billion. This is why peo- over pay, he shows how out of touch he portant influence outside the home in ple are at one another’s throats in Wis- is with the teaching profession, with the education of our children to really consin, in Ohio, and other places. Yes, school reform in America, and, frankly, making it possible. Districts are solic- ordinary Americans—teachers, police, with the American workplace. iting teachers’ views to improve both firemen—are being pink-slipped, and Having a voice at work has never the learning and the teaching environ- the American people are being forced been just about pay. It is about wheth- ment. It is happening in States and to accept cuts in government services er the American workplace will respect schools in tough unionized areas where while Wall Street keeps winning, and and nurture workers’ skills, their abili- some said it could never happen, and it winning big. ties, and their ingenuity, or will it sim- will continue because it reflects what They know well how to win for them- ply crush their spirits. It’s about the the new and current dedicated teachers selves. This year, Bank of America is total workplace and the ability of em- view as a modern workplace, where re- receiving an income tax refund of—are ployees to utilize their talents and sults and outcomes matter to students, you ready for this, America?—$666 mil- their time to the fullest extent, to be parents, teachers, and the community. lion for 2010. Now, that followed $3.5 valued by and add value to the enter- It’s not just about pay. Teachers advo- billion in refunds that Bank of America prise, whether that enterprise is a cate for our children. They advocate reported in 2009. Bank of America’s school, a factory, or an NFL team. for our children when they are sick or Federal income tax benefit this year is Ask yourself this: If he could, would troubled or when they’re being bullied, roughly two times the Obama adminis- Governor Walker limit collective bar- when they need help learning. tration’s proposed cuts to the Commu- gaining for the world champion Green The Governor of Wisconsin’s view of nity Development Block Grant pro- Bay Packers to just questions of pay? dictating and mandating without the gram, which is a lifeline to commu- If he tried, he would discover rapidly say and collaboration that teachers nities such as I represent where unem- that in the world of millionaires, as in want and expect in their careers is a ployment is still over 9 percent. Six banks—Bank of America, Wells the world of teachers, it is not just broken model from the past and will Fargo, Citigroup, JPMorgan Chase, about pay. It is about the quality of not give students, parents, or our econ- Goldman Sachs, and Morgan Stanley— the job and the career. omy the results that our country needs together paid income tax at an approx- The Governor would quickly discover as we enter the next generation of a imate rate of 11 percent—oh, those that, as important as pay is in the highly competitive globalized econ- poor companies—of their pretax U.S. world of pro sports, an NFL player in- omy. tax earnings in 2009 and 2010. Had they nately cares about the conditions of Many Americans may not care who paid 35 percent like every other honest employment. He knows that his ability wins between wealthy team owners and business in this country, the Federal to get to that all-important second often highly paid NFL players, but no Government would have received an contract is governed by more than just one is suggesting that the players additional $13 billion in tax revenue. his talent. Will he have to play 16 or 18 should lose their right to collective Do you know how much that is? That’s games? What is the increased likeli- bargaining on a wide range of issues enough to cover the salaries of 132,000 hood of concussions or other injuries and only be able to bargain just on pay. teachers whose jobs have been lost that can end his career from an ex- Governor Walker should stop attack- since 2008. Who do you think has tended schedule or fewer practice ing his State teachers and his public caused all the layoffs? games? Probably good for the wallet, servants. but is it good for the player? f b 1050 The NFL owners who are worth $40 Wells Fargo reportedly received a $4 billion want the players to give back $1 WALL STREET RISES AS MAIN STREET FALLS billion Federal income tax refund on billion, saying that they need it to im- $18 billion in pretax income in 2009 and prove and build new stadiums. Is that The SPEAKER pro tempore. The only paid 7.5 percent of its pretax in- with or without the taxpayers’ help? Chair recognizes the gentlewoman from come of $19 billion in 2010. Its net Fed- The players ought to find out. Ohio (Ms. KAPTUR) for 5 minutes. eral income tax benefit for 2009 and Yes, in the world of megastar ath- Ms. KAPTUR. Mr. Speaker, almost 2010 combined is $2.5 billion, which letes, pay is important, but the work- one in four homeowners in our country equals the Obama administration’s place dictates so many other important is underwater, meaning they owe more cuts to the low-income energy assist- issues that NFL players must be con- on their mortgages than their homes ance program that is vital in cold cerned with if they are to reach their are worth, and all of this misery is due weather to senior citizens, particularly potential of the profession for which to Wall Street’s rigging of our econ- women over the age of 80 years in dis- they have trained their whole lives. omy. tricts like I represent. For many teachers, like athletes, But on Wall Street, they’re popping So who took their money? Pretty their careers are their passion. Re- champagne corks. The Nation’s biggest clear to me. search tells us that a very significant banks—Bank of America, Wells Fargo, Banks use a variety of mechanisms number of teachers start thinking Citigroup, JPMorgan Chase, Goldman to avoid corporate income taxes, in- about a career in teaching while Sachs, and Morgan Stanley—have been cluding offshore tax shelters. Fifty per- they’re in middle school—not too dif- raking in huge profits, all at the ex- cent of these six big banks have 1,871 ferent from athletes who start to get pense of the American people. In fact, foreign subsidiaries incorporated in ju- serious about their athletic futures. these institutions have doubled in size risdictions we know as off-shore tax Like an athlete, the teacher’s desire through predatory mergers since the havens, like the Cayman Islands. will not be enough to sustain his or her fall of 2007, and these six banks now The Bank of America operates 371 career. control two-thirds of the banking sys- tax-sheltered subsidiaries, and 204 in Other important elements are in- tem in our country. the Cayman Islands alone. volved to ensure a teacher’s success They cleaned up with profits in 2010— For Goldman Sachs, 75 percent of its and the success of his or her students. $51.6 billion in profits, more profits foreign subsidiaries are incorporated in How will teachers be supported in than they made before the American offshore tax havens. schools? What will be their access to people bailed them out. Main Street is So who’s paying their freight? You meaningful professional development? underwater, yet Wall Street is going on are—the American people.

VerDate Mar 15 2010 04:47 Mar 11, 2011 Jkt 099060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K10MR7.010 H10MRPT1 tjames on DSKG8SOYB1PROD with HOUSE March 10, 2011 CONGRESSIONAL RECORD — HOUSE H1675 Closing tax loopholes for the finan- ceedings and announces to the House lican Women, which has inspired the cial sector, making them pay their fair his approval thereof. Republican revolution in South Caro- share of taxes, and I would support im- Pursuant to clause 1, rule I, the Jour- lina since 1961. This is the 50th anniver- posing a financial speculation tax, nal stands approved. sary of the election of the first Repub- could generate more than $150 billion f lican legislator in the 20th century, the in Federal tax revenue. And what could late Charlie Borineau of Richland be more fair to those who cause such PLEDGE OF ALLEGIANCE County. In 2010, the transformation harm to the American people? The SPEAKER. Will the gentleman was completed of all statewide elected Something is really out of kilter in from South Carolina (Mr. WILSON) officials being Republicans for the first America, and it’s not the State budg- come forward and lead the House in the time since 1876. ets. It’s the balance of power in our po- Pledge of Allegiance. Under the guidance of leaders such as litical system. Everywhere you go, Big Mr. WILSON of South Carolina led our Governor, Nikki Haley of Lex- Money and Wall Street win, and the the Pledge of Allegiance as follows: ington, with Jocelyn Staigar, Susan American people pay. I pledge allegiance to the Flag of the Dickson, Nikki Trawick, Carla Hardee, Mr. Speaker, I just say to the Amer- United States of America, and to the Repub- Kim Wellman, Betty Poe, Lisa Manini ican people, think about who’s hurt our lic for which it stands, one nation under God, Sox, Grace Rentiers, Irby Shultz, Republic—and it’s not the American indivisible, with liberty and justice for all. Katrina Shealy, and Eaddy Roe Wil- working people. f lard, this organization will continue to f make a difference promoting limited WELCOMING REV. RAYMOND government and expanded freedom. RECESS BOWMAN In conclusion, God bless our troops, The SPEAKER pro tempore. Pursu- The SPEAKER. Without objection, and we will never forget September the ant to clause 12(a) of rule I, the Chair the gentleman from Tennessee is rec- 11th in the global war on terrorism. declares the House in recess until noon ognized for 1 minute. f today. There was no objection. HOUSING, KEY TO ECONOMIC Accordingly (at 10 o’clock and 51 Mr. COOPER. Thank you, Mr. Speak- RECOVERY minutes a.m.), the House stood in re- er. cess until noon. It is an honor to recognize the Rev- (Mr. CICILLINE asked and was given permission to address the House for 1 f erend Raymond Bowman today, who just gave the opening prayer. Seldom minute.) b 1200 has Congress been more in need of Mr. CICILLINE. Mr. Speaker, today AFTER RECESS prayer than we are today. we will consider proposals to cut fore- closure prevention programs during The recess having expired, the House Rev. Bowman was raised in Chicago. He came to Nashville, Tennessee, to at- one of the worst housing downturns in was called to order by the Speaker at our Nation’s history. A safe and afford- noon. tend American Baptist College. Thank- fully, he is the pastor of Spruce Street able home is central to the American f Baptist Church in Nashville, Ten- Dream and central to a strong neigh- PRAYER nessee, sometimes referred to as the borhood and a thriving economy. mother church of African American In Rhode Island, that dream has been Rev. Raymond Bowman, Spruce fading because our State has been ex- Street Baptist Church, Nashville, Ten- churches in our area. He is also the president of the IMF, the Interdenomi- tremely hard hit by the national fore- nessee, offered the following prayer: closure crisis. Last year alone, there O God of freedom, referred to by national Ministerial Fellowship. He and his wife, Nancy, are here with were more than 4,700 foreclosures in many names, embraced in different Rhode Island; and according to Housing ways by the many different people who us today, and we would like to welcome them to our Nation’s capital. Works Rhode Island, one in every 10 make up this great Republic. mortgaged homeowners was in fore- As leaders and elected officials, cen- f closure or serious delinquency by the ter us on the awesome work of serving ANNOUNCEMENT BY THE SPEAKER end of last year. The fact of the matter a people who have been identified as PRO TEMPORE is that we still face a serious housing the citizenry of a free Nation, the crisis all across this country. United States of America. The SPEAKER pro tempore (Mr. Today, my friends on the other side Grant us a powerful sense of Your BASS of New Hampshire). The Chair of the aisle will cut mortgage relief presence so that we are not confused will entertain up to 15 further requests and refinance programs that help the about Who really leads and inspires a for 1-minute speeches on each side of very homeowners who need them most. free people. the aisle. That will leave homeowners with no Help us to honor the aspirations of a f other choice than to turn to those who free Nation, so that our private created these unfair and predatory ENDING $1 BILLION OF FAILED ideologies do not distort public pas- mortgages that got us into this mess in SPENDING sions. the first place. May we in our own little ways pro- (Mr. WILSON of South Carolina At a time when our economy is be- vide a concerted effort to represent asked and was given permission to ad- ginning to recover, we should not be well our unique, diverse, but united dress the House for 1 minute.) cutting from these programs because constituencies. Mr. WILSON of South Carolina. Mr. the housing sector is key to our eco- Enable us to see that our best expres- Speaker, I would like to commend the nomic recovery. These programs de- sions of leadership come not from bold efforts of Representative JEB serve increased funding because a suc- assumptions, but out of humble sub- HENSARLING for introducing H.R. 836, cessful housing sector will be one of missions. Submit us, I pray, to the the Emergency Homeowner Relief Pro- the major factors that will pull us out lofty aspirations that continue to give gram Termination Act. of this recession. shape to our wonderful country. This bill prevents $1 billion from f We thank You for giving us another being spent on this failed program. In opportunity to make real our claim of the current administration’s budget, it IN HONOR OF LEONARD ‘‘BUD’’ God bless America. is estimated that the program has a 98 LOMELL Amen. percent subsidy rate. That means for (Mr. RUNYAN asked and was given f every dollar spent, taxpayers lose 98 permission to address the House for 1 cents. This is bad for taxpayers and bad minute.) THE JOURNAL for American families. Mr. RUNYAN. Mr. Speaker, I rise The SPEAKER. The Chair has exam- Making this reform possible is the today to honor a true American hero, ined the Journal of the last day’s pro- South Carolina Federation of Repub- Sergeant Leonard ‘‘Bud’’ Lomell.

VerDate Mar 15 2010 01:30 Mar 11, 2011 Jkt 099060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K10MR7.037 H10MRPT1 tjames on DSKG8SOYB1PROD with HOUSE H1676 CONGRESSIONAL RECORD — HOUSE March 10, 2011 Through his courageous actions on D- using live ammo. Documents indicate ing and most say yes. I agree. But let’s day as an Army Ranger, Bud earned a that the agents were required to fire dig a little deeper. Let’s make the kind Distinguished Service Cross. Bud’s first with non-lethal bean bags before of choices that families make. brave service was crucial to the success using live ammo. Allegations also show H.R. 1 that the Republicans have of- of D-day and left an impressive imprint the AK–47 used by the bandits to kill fered in cuts will result in 218,000 fewer on our Nation’s history that was docu- Terry was a gun the ATF had allowed children getting the proven benefits of mented in two best-selling books: Tom a smuggler to buy in an apparent sting a preschool program called Head Start. Brokaw’s ‘‘The Greatest Generation’’ operation and take to Mexico. H.R. 1, at the same time, does nothing and Stephen E. Ambrose’s ‘‘The Vic- The idea that when armed bandits in- to cut the $4 billion that we are giving tors: Eisenhower and His Boys: The vade the United States our border every year to the Big Oil companies. If Men of World War II.’’ agents must fire bean bags is nonsense we want to talk about oil prices, our Sergeant Lomell passed away on and no way to protect them or the Na- taxpayers give $4 billion to the March 1, 2011, at the age of 91, leaving tion. You don’t take bean bags to a wealthiest corporations in the history his family and our country with a gunfight. And if the guns the bandits of the world. proud legacy of honor and service. I am used came from our government in We are cutting about $5.7 billion from proud and humbled to have been able some type of undercover sting oper- Pell Grants in H.R. 1. I voted ‘‘no.’’ to call this incredible American a con- ation, that is sickening and reprehen- What are we doing about billionaires stituent. I ask you today to please rise sible. who are getting tax breaks to leave to with me in honor of Sergeant Leonard And that’s just the way it is. their heirs? Eleven billion dollars a ‘‘Bud’’ Lomell. f year for the wealthiest Americans and their heirs. f 1210 b We have to make the kind of choices TERMINATING MORTGAGE RELIEF ANNOUNCEMENT BY THE SPEAKER that help middle class Americans. We PROGRAMS PRO TEMPORE can tighten our belt, but we don’t have (Ms. BASS of California asked and The SPEAKER pro tempore. The to do it on the backs of the middle was given permission to address the Chair will remind all persons in the class. House for 1 minute.) gallery that they are here as guests of f Ms. BASS of California. Mr. Speaker, the House and any manifestation of ap- California was ground zero of the fore- TAKING A STAND FOR FISCAL proval or disapproval of proceedings is RESPONSIBILITY closure crisis. At one point, 40 percent in violation of the rules of the House. of all foreclosures nationwide were (Mr. PENCE asked and was given per- concentrated in the State of California. f mission to address the House for 1 Today in California, nearly one in GAS PRICES minute and to revise and extend his re- eight homes is in foreclosure. By far (Mr. SAM JOHNSON of Texas asked marks.) the majority of my constituents who and was given permission to address Mr. PENCE. With a $14 trillion na- walk through the door have received the House for 1 minute and to revise tional debt, a $1.65 trillion deficit this foreclosure notices or are on the brink and extend his remarks.) year alone, yesterday the United of foreclosure. They have been shunned Mr. SAM JOHNSON of Texas. That’s States Senate voted to reject the by the banks and have turned to my of- the Dallas Morning News front page. House effort to fund the government fice and the Federal Government for And do you know what they’re saying? for the rest of the year. The Senate help. Gas prices are going up for all drivers majority leader even took to the floor Mr. Speaker, the two programs on and it’s time for the gallon of gas to and called our $61 billion in savings the Republican chopping block this come down or stop. You know, it has ‘‘mean spirited,’’ ‘‘reckless,’’ and ‘‘irre- week haven’t even been fully imple- risen nearly a buck since last Sep- sponsible.’’ He even defended Federal mented: the Emergency Mortgage Re- tember. That’s why I’m calling on the funding for the Cowboy Poetry Fes- lief Program and the FHA Refinance IRS to stand up for small business by tival, apparently in his own State. Program. The Emergency Relief Pro- increasing the gas mileage rate that You know, I learned a long time ago gram provides no-interest loans to they can deduct. The IRS increased the out here in Washington that sometimes those who lost their jobs, which is the optional mileage rate during spiking things don’t change in Washington, main reason homeowners fall behind in gas prices in 2005 after Hurricane D.C., until they have to. I think we their mortgage payments. Katrina and in 2008. Gas prices are have to pick a fight. If House Repub- Not only does this response from the going upward, and there are no signs licans want to win this battle, we need majority ignore the basic economic that the pain at the pump will subside to take a stand for the budget cuts and principle that the housing sector is a anytime soon. the policy changes enshrined in H.R. key component to economic recovery; Taxpayers today, especially small 1—that’s $61 billion in savings this it also comes without any alternative businesses struggling to stay afloat, year, defunding ObamaCare, and to reduce foreclosures. want, need, and deserve rates that re- defunding Planned Parenthood of Mr. Speaker, I urge my colleagues to flect the current cost of travel. They America. support struggling homeowners and need those deductions. It’s time to take a stand for fiscal re- vote against H.R. 830 and H.R. 836. We need to drill for oil. Call the sponsibility and reform. We have to f White House at 202–456–1414 and tell say, This far and no farther. For the sake of our children and our grand- THE BORDER WAR CONTINUES ON them about it. children, we need to make a stand for THE SOUTHERN FRONT f the American people. And make no (Mr. POE of Texas asked and was ANNOUNCEMENT BY THE SPEAKER mistake about it: If we make this fight, given permission to address the House PRO TEMPORE we can win this fight, because the for 1 minute.) The SPEAKER pro tempore. The American people are on our side. Mr. POE of Texas. Mr. Speaker, on Chair will remind the gentleman from f December 14, Border Patrol Agent Texas that remarks in debate are prop- THE PARTY OF NO PLAN Brian Terry was murdered in Arizona erly addressed to the Chair. by bandits crossing into the United f (Mr. DEUTCH asked and was given States. Border agents approached permission to address the House for 1 armed invaders carrying AK–47s. A H.R. 1 IS NOT THE ANSWER minute.) shootout occurred where Terry was (Ms. SCHAKOWSKY asked and was Mr. DEUTCH. Mr. Speaker, the Party shot and killed. Now, there is evidence given permission to address the House of No has officially become the Party that Terry and possibly other agents for 1 minute.) of No Plan. Every week under GOP fired first to defend themselves by fir- Ms. SCHAKOWSKY. Ask Americans control has been another week with no ing bean bags at the outlaws before if we should reduce government spend- plan to create jobs. This is not a game.

VerDate Mar 15 2010 03:23 Mar 11, 2011 Jkt 099060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K10MR7.013 H10MRPT1 tjames on DSKG8SOYB1PROD with HOUSE March 10, 2011 CONGRESSIONAL RECORD — HOUSE H1677 In Florida, unemployment remains at understand that while we all have to Republican plan for jobs. I came to 12 percent. People want to work. They tighten our belts—and they’ve seen Washington to focus on jobs. When are want Washington to lead with a jobs workers do that in Wisconsin, to give we going to talk about jobs? plan. With construction and housing so up various rights under bargaining I asked this same question 2 weeks integral to Florida’s economy, stabi- agreements—they understand fun- ago. If I have to get up here every 2 lizing this sector is critical to our re- damentally that we can’t solve this weeks for the rest of my term and ask covery. problem by attacking the middle class. the same question, I will. Close to 1 million Florida families And second, they understand that the When I go home this weekend, I will and seniors have lost their homes since shenanigans that went on last night in be asked, ‘‘What are they doing in 2009. Now, through no fault of their Wisconsin are an assault on some Washington to help me find work or own, nearly half of all mortgages in democratic principles that we have provide jobs for others who want to Florida are underwater. But instead of long enjoyed. work? I want to work to support my creating jobs, Republicans want to We have long enjoyed the right to pe- family. I want to start a business. I’ve kick middle class families while tition our government for redress of lost my home, lost my job. And the they’re already down. Rather than im- grievances. It’s right there in the grand Congress promised to help the economy prove mortgage modification programs old document that we took an oath to. so that I could find a job.’’ by working with Democrats, my Re- And fundamentally, this is a reduction My constituents will ask me, ‘‘Why publican friends want to shut them in the ability of Americans to work to- did they cut job training? Why are they down altogether. gether, to speak with one voice to and cutting educational opportunities for So to families and seniors across with their government. young people?’’ America who owe more to the banks This will not abide. We’ve got to re- People are hurting and people are than their homes are actually worth, spect the middle class. We’ve got to re- suffering. Listen to the people. what’s the Republican plan? What’s the spect democracy and move forward to- Let’s stop the partisan bickering and response? Pay up, even if you have no gether as a country. help the people find work. If not now, job, no income, no health care. Under f when? If not us, who? If not here, today’s Republican bills, soon you and where? The people want to work. your family will have no home. WE MUST REDUCE GOVERNMENT f SPENDING f REPUBLICANS CONTINUE ASSAULT EGYPTIAN CHRISTIANS KILLED (Mr. STEARNS asked and was given ON THE AFFORDABLE HEALTH permission to address the House for 1 (Mr. PITTS asked and was given per- CARE ACT ON 1-YEAR ANNIVER- minute and to revise and extend his re- SARY mission to address the House for 1 marks.) minute and to revise and extend his re- Mr. STEARNS. Mr. Speaker, some (Mr. PAYNE asked and was given marks.) new statistics have just come out on permission to address the House for 1 Mr. PITTS. Mr. Speaker, this week, government wages and salaries in this minute and to revise and extend his re- 13 Coptic Christians in Egypt were country. Government payouts, includ- marks.) killed in clashes with Muslims. Re- ing Social Security, Medicare, and un- Mr. PAYNE. Mr. Speaker, I rise cently, a church in the town of Sol was employment insurance, make up more today on the 1-year anniversary of the burned to the ground, leading many than one-third of total wages and sala- passage of the Affordable Health Care Christians to flee the village in fear of ries of the United States population, a Act to voice my disappointment with their lives. This comes only 2 months record figure that will only increase if my Republican colleagues’ continued after 24 Christians were killed in a action isn’t taken before the majority assault on the historic law that has al- church bombing. of baby boomers enter retirement. ready begun to provide aid and relief For thousands of years, Coptic Chris- Social welfare benefits make up 35 for countless Americans. tians have lived and worshiped in percent of wages and salaries this year. One year ago, my colleagues and I Egypt, but some extremists want to In the year 2000, that percent was 21 came together to enact a law because use the chaos in the country today to percent. In the year 1960, it was 10 per- of the call to action from our constitu- drive them out of their homes and cent. And these are statistics that ents. We heard from seniors who could places of worship. came from the Bureau of Economic not afford their prescriptions and were Egypt is in the process of developing Analysis data. in the Medicaid doughnut hole, parents a democratic government, one in which Recently, it was quoted that the U.S. whose children were being denied cov- all the Egyptian people will have a say. economy has become alarmingly de- erage due to preexisting conditions, in- These attacks undermine freedom and pendent on government stimulus itself. dividuals who were being denied treat- democracy. Democracy without protec- So, in this country, we have a stark ment due to lifetime limits, and tax- tion of minority rights is mob rule and choice: We have to reduce government payers who are bearing the costs of un- not true freedom. spending. Otherwise, not only will we compensated health care. I invite all my colleagues to join me go bankrupt, but there will become a We answered the clarion call from on a letter to the commander in chief tipping point, a tipping point where the our constituents who asked us to pro- of the Egyptian Armed Forces calling government payout for wages and sala- tect them. Yet the Republican col- on him to protect the Egyptian citizens ries will become 50 percent of all U.S. leagues continue to assault the law. during this critical period in his na- wages. All of us should know what that Siding the special interests, particu- tion. We are glad to see the Egyptian means. larly the health care insurance compa- people building a better government, nies that stand to lose from health care and we must remind them that funda- f reform, my colleagues on the other side mental respect for human rights must b 1220 of the aisle continue to assault our pro- be protected. gram. WHERE ARE THE JOBS? f With that, I say let’s keep the law in (Ms. WILSON of Florida asked and force and let’s move forward with WISCONSIN SHENANIGANS was given permission to address the progress. (Mr. INSLEE asked and was given House for 1 minute and to revise and f permission to address the House for 1 extend her remarks.) minute and to revise and extend his re- Ms. WILSON of Florida. Mr. Speaker, JOBS AND 99’ERS marks.) today I rise with my colleagues for one (Ms. LEE asked and was given per- Mr. INSLEE. Mr. Speaker, middle reason—to talk about jobs again. mission to address the House for 1 class Americans around the country My constituents still need help. They minute and to revise and extend her re- are very concerned about what’s going want to work, but I don’t hear any so- marks.) on in Wisconsin for two reasons. The lutions. I’ve been here for over 2 Ms. LEE. Mr. Speaker, the American first reason is that they fundamentally months, and I’m still waiting to hear a people want to know where are the

VerDate Mar 15 2010 03:23 Mar 11, 2011 Jkt 099060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K10MR7.017 H10MRPT1 tjames on DSKG8SOYB1PROD with HOUSE H1678 CONGRESSIONAL RECORD — HOUSE March 10, 2011 jobs. After 10 weeks of controlling the is money that we are having to borrow in the greatest of shape. It’s like most House, Republicans have no plan to from countries around the world. government programs. Eight billion create jobs, no plan to spur our eco- It wasn’t long ago that our budget dollars for a program to allow home- nomic growth. deficit for the entire year was only $220 owners who are underwater on their Instead of listening to the American billion. But thanks to a Washington mortgages to get a reduction in their people and making jobs their number spending binge that has occurred over mortgage. one priority, Republicans passed a the last 4 years, now our monthly Now, not all can take advantage of budget that will result in 700,000 new budget deficit is larger than our annual this program. There are what the layoffs. And what’s the response? So be deficit used to be. In fact, February’s American people have come to know as it. Taking food out of the mouths of budget deficit was the largest monthly winners and losers. With all govern- hungry children by cutting WIC? So be budget deficit in the history of the ment programs, it seems that some it. Dropping 218,000 kids from the Head United States. Larger in real dollars benefit, but 99 percent of Americans Start Program? So be it. Declaring a than when we were fighting for our ex- don’t benefit. And that’s what’s hap- war on women by eliminating family istence during World War II. Higher pened here. The administration said planning services and punishing the than the Civil War. And that has hap- we’ll literally have hundreds of thou- one in five women across America who pened even though government receipts sands of people that will line up for visit a Planned Parenthood clinic? So posted an increase this February from this program. But because lenders and be it. Denying the extension of unem- last February. borrowers are getting together and ployment benefits to those who’ve Our national debt in the last 4 years working out, or some homeowners are reached that 99-week limit and are has doubled. Now think of that. In the deciding that they can’t afford their struggling to make ends meet? So be first 220 years of our existence, we in- mortgage and they’re selling their it. curred a national debt which, in the houses, 42 American families have been And now denying homeowners to stay last 4 years, we’ve doubled. And by the assisted by this program. in their homes, the help that they end of this administration, unless we Now, this is a program that author- need, by eliminating programs to pre- take action today—action the Amer- izes $8 billion. And $50 million has ac- vent foreclosures? So be it. ican people asked us to take last No- tually been set aside and disbursed. In The Republicans No Jobs, their So Be vember—we will have tripled the def- fact, the budget that the President has It agenda, it’s a failure on all counts. icit. submitted has a $50 million subtraction f In 7 years or a little less than 7 years, there for a program that’s helped 42 we will have tripled our deficit. families; $50 million, 42 families. But GENERAL LEAVE That’s why we’re here on the floor think about this. How many families Mr. BACHUS. Mr. Speaker, I ask today, because the American people are underwater? How many American unanimous consent that all Members have sent us a message. They said, families have a home where they owe may have 5 legislative days within ‘‘Don’t spend us into a financial obliv- more than the home is worth? Twelve which to revise and extend their re- ion. We have to balance our own budg- million, somewhere above 11 million— marks on H.R. 830 and to insert extra- ets at home. We expect the same from let’s say 12 million. neous material thereon. those that we send to Washington to That means that even if this program The SPEAKER pro tempore (Mr. represent us.’’ could have helped 100,000 that it would STEARNS). Is there objection to the re- The bill that we’re debating today is help 1 out of every 120 American fami- quest of the gentleman from Alabama? an example of two things: too many lies. One out of 120. And yes, some gov- There was no objection. government programs—spending pro- ernment employee sitting behind a f grams—and too many ineffective gov- desk would say you are eligible, you ernment programs. It is a poster child can apply, you win. At the most, all FHA REFINANCE PROGRAM for both. the programs we’re going to consider TERMINATION ACT It’s also an example of a broken this week and next week, which if we The SPEAKER pro tempore. Pursu- promise. In 2008, during our financial act, will save the American taxpayers ant to House Resolution 150 and rule meltdown, which has led to a recession billions and billions and billions of dol- XVIII, the Chair declares the House in and record unemployment, we prom- lars, all of them will benefit only an es- the Committee of the Whole House on ised the American people that those timated 500,000 families. the state of the Union for the consider- steps that were taken, that that money As the Inspector General has said, ation of the bill, H.R. 830. that was loaned, would be paid back to about 50 to 60 percent of those families, even if it goes to families—as we found b 1225 the national Treasury. out yesterday in a hearing, a lot of it is IN THE COMMITTEE OF THE WHOLE b 1230 going to nonprofit groups. In Los Ange- Accordingly, the House resolved I am happy to say that today most of les alone, more went to a nonprofit itself into the Committee of the Whole the money that was lent to what some group than went to the county govern- House on the State of the Union for the have called a Wall Street bailout, what ment. But we are only helping 1 out of consideration of the bill (H.R. 830) to the American people certainly call a 22 families. What about those other 21 rescind the unobligated funding for the bailout, it has been paid back with in- families? They’re making their mort- FHA Refinance Program and to termi- terest, but it’s not found its way into gage payment, and they’re not asking nate the program, with Mr. BASS of the national Treasury. It’s not been the government for help. New Hampshire in the chair. paid back despite promises to the It seems that we’re in a country The Clerk read the title of the bill. American people on this very floor of where the majority of Americans The CHAIR. Pursuant to the rule, the this House a little less than 3 years aren’t underwater; about one-fourth bill is considered read the first time. ago. are. But out of all those, we’re starting The gentleman from Alabama (Mr. Instead, that money has been di- programs to help in this case 42 fami- BACHUS) and the gentleman from Mas- verted into all sorts—and that’s the lies, in another case 200,000 families. sachusetts (Mr. FRANK) each will con- TARP bailout money—it’s been used And we’re asking every American fam- trol 30 minutes. for other social programs, just what ily, and we’re asking their government, The Chair recognizes the gentleman many warned on the floor of this House to start programs when we don’t have from Alabama. would happen. It’s turned into a slush enough money to finance the programs Mr. BACHUS. Mr. Chair, I yield my- fund. And one of the programs that it we have. self such time as I may consume. has funded is a well-intentioned pro- But more than that, I put a photo- Mr. Chairman, just this week the gram in which $8 billion, that’s 8,000 graph up. And this is the bottom line American people received some very million dollars, has been designated for on this program. Fifty million dollars sobering news. The budget deficit for the FHA Refinance Program. Now, the has been put into a fund, and $8 billion the month of February alone is $223 bil- FHA program today, the reserves are has been authorized for this program. lion. That is $8 billion every day. That low. And that’s a program that is not And it’s money we don’t have. And it’s

VerDate Mar 15 2010 03:23 Mar 11, 2011 Jkt 099060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K10MR7.018 H10MRPT1 tjames on DSKG8SOYB1PROD with HOUSE March 10, 2011 CONGRESSIONAL RECORD — HOUSE H1679 money we won’t pay back. It’s those b 1240 Now let me address a couple of mis- children in that photograph. It’s our Now, that’s money. But do you know takes the gentleman made specifically constituents’ children and grand- what it is? It’s much less—and the gen- about this program: children that will have to pay that tleman from Alabama voted during The $50 million is not being spent on back. that same period to send money to the 40 people; $50 million hasn’t, in fact, Our national debt is $12 trillion—$14 cotton farmers of Brazil. We do have a been spent at all. Not a penny has been trillion. You memorize a number, and debate about the deficit here, but it’s spent. The $50 million was reserved out in a few months it’s irrelevant. It’s no not about whether to reduce it. It’s of TARP money to cover losses if they longer the real number. Robert Gates how. were to occur. The CBO does say, yes, on January 6, in outlining the Penta- The gentleman from Alabama, along if this program is fully funded and if it gon’s budget, said, ‘‘This country’s dire with the majority of Republicans vot- gets the participation they expect, the fiscal situation and the threat it poses ing, defeated an amendment—with total amount of losses will be $175 mil- to American influence and credibility some Democrats, although the major- lion, not $8 billion. The $8 billion was a around the world will only get worse ity of us voted for the amendment—to resurrection on the TARP for technical unless the U.S. Government gets its fi- stop sending American tax dollars to reasons. The CBO says, full scale, this nances in order.’’ Well, who will get it subsidize the cotton farmers of Brazil. will cost $175 million—again, less than in order? It has to be the President and In the 2-year period during which we the gentleman of Alabama wants to this Congress. That’s his quote Janu- will be dealing with this program: Bra- send during that period to Brazilian ary 6. zilian cotton farmers—$300 million. cotton farmers. The Joint Chiefs of Staff say that our Americans facing foreclosure—$175 mil- Now, as to the people who vote con- national debt is a national security lion. The gentleman from Alabama has sistently, as some do, to cut money for problem. But the message just doesn’t a very odd way of saving money on the Afghan infrastructure or for Iraqi secu- seem to get to this floor, because today deficit. rity forces or for Brazilian cotton people will come to this floor and say, Then he says we have winners and farmers or for American cotton farm- oh, if we get rid of this program every- losers. Well, among the big winners ers or for other recipients of subsidy body that can’t pay their mortgage under the Republican budget and with who then are opposed to this program, needs to call their Congressman and the majority of their votes are the I honor their integrity. I disagree with say you need to pay my mortgage, or farmers who receive more than $250,000 them in some ways, but I honor it. Yet there needs to be a government pro- per year in subsidy. Whatever happened I cannot accept the lecture on fiscal re- sponsibility from someone who votes to gram to pay my mortgage. Well, let’s to free enterprise? Whatever happened lavish money in wasteful ways on Af- not kid ourselves. Those children, to standing on your own? An amend- ghan cities but begrudges it in Amer- that’s who we are obligating. Last year ment was offered to limit to a measly ican cities; who would send it for Iraqi we could stand on the floor and say $250,000 the subsidy any one entity could get. The gentleman from Ala- police officers but not for American po- that they each come into this world bama voted ‘‘no.’’ That was too harsh. lice officers; who would send it to cot- owing $35,000. Today it’s $45,000. ton farmers and to other farmers in Today we’re going to have to make The gentleman from Alabama is for un- limited amounts of subsidy to go to a America but not to struggling home- some hard choices for them, for our handful of farmers—but no—we can’t owners. children and our grandchildren. And spare much less than that over the This program has started slowly. By oh, yeah, these programs do some good. time period because, in the time period the way, there’s a great contradiction Although for most homeowners who of this bill, that would have cost $200 between saying it has only helped 40 can’t pay their mortgages and they’re million, or $100 million a year. people and that it’s going to cost $8 bil- given a reduction, it doesn’t work. The Then the gentleman quoted the Sec- lion. If the pay starts to increase, it default rate in most of these programs retary of Defense, that we should pay won’t cost the full $175 million, but is over 50 percent. One of the programs more attention to the Secretary of De- here’s what we hope: we will consider tomorrow, out of fense because he, along with many Re- There are negotiations going on now every dollar of taxpayer money lent, 98 publicans, voted to force money on the to allow people the benefit of a refi- percent is never repaid. Never repaid. Secretary of Defense that he didn’t nancing. The gentleman says it’s not How can a country continue to func- want. He voted to fund the programs going to take care of everybody. Of tion like that? What kind of future do the Secretary of Defense didn’t want. course not. There is not one program these children have? He’s trying to get some reprogramming that is fit for everybody. There are a I reserve the balance of my time. now, but the Republican Appropria- series of programs for people in dif- Mr. FRANK of Massachusetts. I yield tions Committee won’t allow it. By the ferent circumstances, and this is one myself such time as I may consume. way, I don’t agree with the Secretary for people who could benefit from a First, for people trying to follow this, of Defense fully on this either. lower interest rate and a refinancing the gentleman from Alabama has con- I disagree with the gentleman from but who are under water and can’t do fused several programs in this con- Alabama and the Secretary of Defense it. It induces the financial institutions versation, most of which aren’t up because they don’t want to spend $175 to do it. It’s voluntary. If financial in- today. We are dealing with one at a million in 2 years trying to deal with stitutions find this is unreasonable, time. He talked about money that went foreclosures in American cities. In- they won’t do it. to Los Angeles and went to a group in- stead, they want to send more than There is an effort going on now to stead of the county. That has zero to twice that amount to Afghanistan for achieve a negotiated settlement in- do with today’s program. Zero. And in its infrastructure. You talk about inef- volving the services of financial insti- fact, it doesn’t have to do with indi- ficiency. Does anyone think that Presi- tutions, many of which are quite cul- vidual homeowners. It’s a program that dent Karzai and his administration are pable and have misbehaved in this gives aid to municipalities, which we going to spend the $400 million my process, so these are not innocent vic- will be debating later, probably next friend from Alabama has voted to send tims being shaken down. The Attor- week, which gives aid to municipalities toward Afghan infrastructure projects neys General of every State, Repub- to deal with property that they have better than we would spend it here? lican and Democrat, and the regulators been stuck with. So it has nothing to How about $1.2 billion for the Iraqi are trying to come up with a solution. do with today. security forces at a time when Amer- This is the other point that gets lost But the gentleman does make a good ican municipalities are having to lay in the rhetoric when the gentleman point about the deficit. Unfortunately, off police officers and firefighters and who was so eager to send money to he does not put his votes where his other essential employees? The gen- Brazilian cotton farmers begrudges a rhetoric is. The CBO says that this pro- tleman from Alabama voted to send small amount going to Americans fac- gram is going to cost not $8 billion, but $1.2 billion to the Iraqi security forces. ing foreclosure, which is that the fore- if it’s fully operational over a 2-year Does anyone here have a great deal of closure crisis is not just a crisis of indi- period, which is its life span, will cost confidence in how efficiently they’ll vidual families. It’s a national eco- $175 million. spend it? nomic problem. It’s a macroeconomic

VerDate Mar 15 2010 03:23 Mar 11, 2011 Jkt 099060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K10MR7.020 H10MRPT1 tjames on DSKG8SOYB1PROD with HOUSE H1680 CONGRESSIONAL RECORD — HOUSE March 10, 2011 problem. To the extent that we do not It’s less than they want to send to bad deal, then the ranking member do something to retard the rate of fore- build infrastructure in Kabul and ought to go over there and to complain closure, then we make it harder to get Kandahar. It’s less than they want to to the President, whom he defends, be- out of the economic bind in which we spend to police Fallujah. You know, if cause both of them, apparently, want have found ourselves, which, as the I thought that latter set of funds were to spend money at every turn and gentleman correctly said, started from going to be well used, I might feel bet- every chance they get. the meltdown of 2008, and we have been ter about it, but we know how corrupt U.S., BRAZIL AGREE ON FRAMEWORK getting out of that at too slow a pace. it is. REGARDING WTO COTTON DISPUTE Dealing with foreclosures is a part of There is a double standard, let me WASHINGTON, D.C.—Today Brazil’s Min- it. say finally. Expenditures within the isters reached a decision in support of a This program has not yet become United States are held to a very, very Framework regarding the Cotton dispute, fully operational—and it may never strict accountability, but as to expend- which would avert the imposition of counter- be—but it is here to be used as a tool, itures in Iraq and in Afghanistan and measures of more than $800 million this year. especially if we are ever to get the This includes more than $560 million in coun- elsewhere in the world, we know how termeasures against U.S. exports which were agreement among the Attorneys Gen- much more wastefully and corruptly scheduled to go into effect on Monday, June eral from both parties, the regulators spent they are, and that doesn’t seem 21, 2010, as well as possible countermeasures and the financial institutions. It is a to bother other people. on intellectual property rights that could responsible way to deal with this. It I reserve the balance of my time. have taken effect later. We are pleased with will cost less than many of the unnec- Mr. BACHUS. I yield myself such this decision, and look forward to signing essary agricultural subsidy programs. time as I may consume. the Framework soon. I’ve got to say, Mr. Chairman, that Mr. Chair, if I were Ranking Member The findings in the Cotton dispute concern I’ve got to go reread. Maybe I missed a U.S. cotton support under the marketing FRANK, I would do exactly what he’s loan and countercyclical payment programs, footnote. I know there are these great doing. I wouldn’t talk about the fact and the GSM–102 Export Credit Guarantee free market economic texts by Ludwig that there are only 42 people who have Program. In line with these findings, the von Mises and Friedrich Hayek and been served by this program. I wouldn’t Framework has two major elements. others. They talk about free enterprise, talk about the fact that only $50 mil- First, it would provide, as a basis for a dis- about keeping the government out of lion has been set aside. I wouldn’t talk cussion toward reaching a mutually agreed business, and about letting the free about the $8 billion that has been au- solution to the dispute, a limit on trade-dis- market work. Apparently, there is a thorized. I wouldn’t talk about the fact torting cotton subsidies. Second, the Frame- work would provide benchmarks for changes footnote that says, oh, except agri- that the American people were told to certain elements of the current GSM–102 culture. Overwhelmingly, my Repub- this money would be repaid into the program. In the Framework, the United lican colleagues preach this to working National Treasury. No. I would talk States and Brazil would agree to meet quar- people, to people in urban areas and to about the cotton subsidy, the deal with terly to discuss the successor legislation to people in other jobs, but it doesn’t Brazil. That deal sounds pretty bad. It the 2008 Farm Bill as it relates to trade-dis- apply to cotton farmers or to wheat really does. The ranking member torting cotton subsidies and the operation of farmers or to corn farmers or to grain agrees. GSM–102. The Framework would not serve as farmers. Billions of dollars go to them. a permanent solution to the Cotton dispute. b 1250 As a matter of fact, as the gentleman However, it would provide specific interim He kept talking about this the last steps and a process for continued discussions from Alabama said with his vote: How on the programs at issue with a view to dare you limit some farmer to a mere month, about don’t shut down this in- reaching a solution to the dispute. $250,000 in entitlement subsidies? Be- effective program to help balance the ‘‘I am pleased that we have been able to cause agriculture is an entitlement, budget because some of us voted for the negotiate a Framework regarding the WTO but they don’t talk about that. They cotton deal with Brazil. Well, in fact, Cotton dispute that would avoid the imposi- want to talk about Social Security for the majority of this Congress, the over- tion of countermeasures against U.S. trade, the elderly, but they don’t want to talk whelming majority did. including goods and intellectual property,’’ about entitlements for agriculture. But, let’s talk about that deal. Who said Ambassador Kirk. ‘‘While respecting the made that deal? Did the gentleman role of the United States Congress in devel- I do believe we need to cut the def- oping the next Farm Bill, this Framework icit. I think we can cut back substan- from Alabama make that deal? Did the would now allow us to continue to work to- tially in what we’re doing in Afghani- gentleman from Texas that’s going to ward a final resolution of the Cotton dispute. stan and Iraq. We can cut back sub- speak on our side, did he make the I believe this Framework will go a long way stantially in agriculture. We can put deal? Did the gentleman from Nevada in alleviating the uncertainty in our busi- limits elsewhere, which I would like to make that deal? Did the gentleman ness communities and enhance the ability of do. I would throw in that I did not from Illinois (Mr. DOLD) make that the United States and Brazil to build upon think it was a good idea to reduce the deal? No. The Obama administration our dynamic trading relationship.’’ made that deal. ‘‘This framework agreement provides a estate tax that the heirs of William way forward as we work with Congress to- Gates and Warren Buffett are going to The U.S. Trade Representative, Mr. ward a new farm bill in 2012,’’ said Secretary have to pay. Although, to the credit of Kirk, made that deal in an agreement of Agriculture Tom Vilsack. ‘‘Although it is Mr. Gates and Mr. Buffett, they didn’t with the Brazilian Government, not not a permanent solution, I am pleased that think so either. They weren’t for sub- your Republican colleagues. Here’s it allows us to maintain our programs while stantially reducing the estate tax on what he told us. He said that $60 billion considering adjustments and avoiding the people who were going to be inher- worth of trade depended on our ability immediate imposition of countermeasures iting—not earning—tens of hundreds of to export into Brazil without the tar- against U.S. exports as a result of the WTO cotton decision.’’ millions of dollars. iffs they were going to impose on us. My colleagues over there, and some That’s 420,000 U.S. jobs that were BACKGROUND here, have supported all of that, and threatened, and he told us that if we The Cotton dispute is a long-running dis- then have said we cannot put a pro- didn’t do that, they would impose bil- pute brought by Brazil against the United States. In 2005 and again in 2008, the World gram out there that will help Ameri- lion $820 worth of countertariffs on Trade Organization (WTO) found that certain cans facing foreclosure—and not sim- such products as pharmaceuticals, U.S. agricultural support payments and ply to help them but to help the cities autos, electronics, textiles, wheat, guarantees are inconsistent with WTO com- and to help the whole economy. There fruit, nuts, cotton, medical equipment. mitments: (1) payments to cotton producers is a great consensus among economists So he made a deal with them to make under the marketing loan and counter- that dealing responsibly with fore- them certain payments, to compensate cyclical programs; and (2) export credit guar- closures is the way to deal with this. for that. antees under the GSM–102 program, a USDA So, no, please don’t believe in $8 bil- Now, I don’t know if he misrepre- program used to provide guarantees for cred- it extended by U.S. banks or exporters to ap- lion. It’s not that. The CBO says it’s sented. I don’t think that President proved foreign banks for purchases of U.S. $175 million. And $175 million is consid- Obama and his administration and his agricultural exports. erable, but I will repeat that it’s less U.S. Trade Representative would have On August 31, 2009, WTO arbitrators issued than my friends want to send to Brazil. misrepresented this. But if that was a arbitration awards in this dispute. These

VerDate Mar 15 2010 03:23 Mar 11, 2011 Jkt 099060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K10MR7.021 H10MRPT1 tjames on DSKG8SOYB1PROD with HOUSE March 10, 2011 CONGRESSIONAL RECORD — HOUSE H1681 awards provided the level of counter- I yield such time as he may consume to anybody. It is simply sitting in that measures that Brazil could impose against to the gentleman from Texas (Mr. account, in case, and the 42 loans have U.S. trade. The annual amount of counter- CANSECO). nothing to do with that. measures has two parts: (1) a fixed amount of Yes, the gentleman from Alabama $147.3 million for the cotton payments and Mr. CANSECO. I thank the gen- (2) an amount for the GSM–102 program that tleman from Alabama. said I didn’t talk about it. I did talk varies based upon program usage. Using the Mr. Chairman, I am here to support about it. I corrected the misuse of the data that we have given Brazil (in accord- the bill to terminate the FHA Refi- 50 million from last week. He didn’t ance with the arbitrators’ award), the cur- nance Program. This bill is not about misuse it today. And I mentioned that rent total of authorized countermeasures is programs that work. It’s not about pro- it started slow and it may not get be- more than $800 million. grams that have continually helped to yond where it is now. I mentioned that The arbitrators also provided that Brazil could impose cross-sectoral countermeasures create jobs and to help our faltering it is in reserve to use it more. So, yes, (i.e. countermeasures in sectors outside of economy and our laggard job growth. we have only got 42. I talked about trade in goods, specifically intellectual prop- This bill is about a failed government that. erty and services). It may impose cross-sec- program, because the FHA refinance The 8 billion is a fantasy. The CBO toral countermeasures to the extent that it program that went into effect in Sep- says at it’s best, this is going to cost applies total countermeasures in excess of a tember of 2010 has failed to work prop- $175 million. The 8 billion is a purely threshold. The threshold varies annually, erly. By the end of December of last bookkeeping account. but is currently approximately $560 million. But I want to get back to the fas- Therefore, of the approximately $820 million year, of 2010, a mere 22 mortgages had in countermeasures Brazil could impose now, been refinanced through the program cinating explanation by the gentleman about $260 million of that could be cross-sec- at a cost of $50 million. That’s an aver- from Alabama as to why he and the toral. age of $2.3 million per mortgage. The majority of Republicans voted to send On March 8, 2010 Brazil announced a final conclusion is very, very clear. The pro- $150 million per year last year, this list of products that would face higher tariffs gram does not work and it’s wasteful. year, and for the next couple of years beginning on April 7, 2010. Goods on the list We are in an economic crisis. Accord- to Brazil: Obama made him do it. Lis- include autos, pharmaceuticals, medical equipment, electronics, textiles, wheat, fruit ing to the Congressional Budget Office, ten carefully. The explanation for this and nuts, and cotton. Brazil had not made a the Federal Government is set to run a expenditure to go to Brazil, that the final decision on which U.S. intellectual deficit for fiscal year 2011 of $1.5 tril- poor gentleman from Alabama voted property rights might be affected by cross- lion. If serious steps are not taken for, is Barack Obama made him do it. sectoral countermeasures, but it had begun right now, we are set and ready to see The President is a very convenient the process to make this determination. in 2012 another trillion dollars added to place for them to hide. In fact, if he is On April 1, Deputy USTR Miriam Sapiro our deficit. asking me if I am critical of the Presi- and USDA Undersecretary for Farm and For- eign Agricultural Services Jim Miller met This river of red ink is not sustain- dent in that, yes, I am critical of the with Ambassador Antonio Patriota, Sec- able. Americans are coming to grips President many times. I agree with retary General of Brazil’s Ministry of Exter- with the fact that, if nothing is done, him overall. But I did not agree with nal Relations to discuss possible resolution we will be the first generation in Amer- him that we should send 1.2 billion for of the dispute. As a result of that dialogue, ican history to leave for our children a Iraq security forces. The gentleman the Government of Brazil agreed not to im- legacy of insurmountable debt and eco- from Alabama did. I didn’t agree we pose any countermeasures on U.S. trade at nomic stagnation. should send $400 million for Afghan in- that time. In exchange, the United States And while there are a number of dif- agreed to work with Brazil to establish a frastructure. fund of approximately $147.3 million per year ficult decisions that we must make in The gentleman seems to think it’s on a pro rata basis to provide technical as- the months and years ahead, common some major debating point because the sistance and capacity building to the cotton sense dictates that we can begin to get President takes the position that I dis- sector in Brazil, and for international co- our spending under control by cutting agree? Perhaps his view is you always operation related to the same sector in cer- programs that simply don’t work, no agree with the President of your party. tain other countries. Under the Memo- matter how large or how small they It’s not mine. It’s not a responsible randum of Understanding that the United are or no matter how beneficent they way to legislate. States and Brazil signed on April 20, 2010, the fund would continue until passage of the may sound. They just don’t work. This Secondly, there was an alternative to next Farm Bill or a mutually agreed solution one does not work. sending $150 million to Brazil. We could to the Cotton dispute is reached, whichever Many of my colleagues on the other have sent $150 million less to Ameri- is sooner. The fund is subject to trans- side of the aisle often think that we are cans. The finding was that we were parency and auditing requirements. just one government program away putting Brazilian cotton farmers at a The United States also agreed to make cer- from solving our problems. But when $150 million disadvantage per year be- tain near term modifications to the oper- you think that way, you end up piling cause of the subsidy we gave to Ameri- ation of the GSM–102 Export Credit Guar- antee Program, and to engage with the Gov- one government program on top of an- cans. We could have come in with legis- ernment of Brazil in technical discussions re- other, wasting the taxpayers’ money lation that would have reduced the garding further operation of the program. In without even helping our fellow citi- Americans’. addition, the United States published a pro- zens who are struggling in this day and So, in fact, I underestimated the posed rule on April 16, 2010, to recognize the age. waste of money that the gentleman State of Santa Catarina as free of foot-and- The last 2 years have proven that from Alabama is indulging because mouth disease, rinderpest, classical swine government programs and government Barack Obama made him do it and he fever, African swine fever, and swine vesic- ular disease, based on World Organization for spending do very little in the way of was powerless to resist, apparently, be- Animal Health Guidelines, and to complete a stimulating jobs that we need most and cause it’s $300 million a year. risk evaluation and identify appropriate risk economic growth. We in the Congress We had two options: We could keep mitigation measures to determine whether of the United States have a duty to be the level of subsidy for American cot- fresh beef can be imported from Brazil while the stewards of the people’s money, the ton farmers and match that to the Bra- preventing the introduction of foot-and- people’s tax dollars. The least we can zilians, or we could reduce it by $150 mouth disease in the United States. do is tell our constituents that we are million in America and reduce it to The parties further agreed on April 1 that they would work to develop a Framework re- doing our job by cutting the stuff that Brazil over a 4-year period when this garding the Cotton dispute by June 21, which does not work. This does not work. will be in effect. That’s over a billion would provide a path forward for a nego- Mr. FRANK of Massachusetts. I yield dollars, a considerable amount of tiated solution to the Cotton dispute and myself such time as I may consume. money. allow both countries to avoid the impact of Two points: First, you have just So, yes, it is true, the President countermeasures. Negotiators from Brazil heard a fantasy that $50 million has sometimes makes unwise recommenda- and the United States have been engaged in- been spent for 42 loans. That is not tions, in my judgment. But the argu- tensively over the past several months, and even remotely close to being true. ment for the gentleman from Alabama successfully concluded this Framework. Brazil is the United States’ 10th largest Fifty million has been set aside in a re- that he is to be absolved from responsi- trading partner with a total two-way goods serve for defaults if and when they bility for his vote, and the majority of trade of approximately $60 billion in 2009. come. Not a penny of it has been given Republicans—the majority of us on our

VerDate Mar 15 2010 04:42 Mar 11, 2011 Jkt 099060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\A10MR7.029 H10MRPT1 tjames on DSKG8SOYB1PROD with HOUSE H1682 CONGRESSIONAL RECORD — HOUSE March 10, 2011 side repudiated the President’s position We’ve seen many courts in this country have $50 million that has been dis- in this case. But the gentleman from look at the foreclosure process used by bursed. Alabama has claimed, Don’t blame me; these banks and have ruled them to be Now, a quick back-of-the-envelope Obama made me do it is no more cred- illegal and that, in fact, the banks did calculation, that’s $1.1 million per ible than his invocation of some fan- not own the homes that they were try- mortgage refinanced thus far. If we tasy figures. ing to foreclose on. And this has hap- look at it even further, were these mil- I reserve the balance of my time. pened thousands of times across the lion-dollar mortgages? Actually, the Mr. BACHUS. May I inquire of the country. It has not been a smooth proc- average mortgage was about $300,000. Chair how much time each side has re- ess. So we spent, the American taxpayers, maining? We’ve also had a very, very difficult in terms of their dollars, we spent $1.1 The CHAIR. The gentleman from situation for our men and women in million in order to refinance a $300,000 Alabama has 11 minutes remaining, uniform. Despite the fact that there’s loan. The administration said that and the gentleman from Massachusetts been a law in this country since World we’re going to have 1.5 million home- has 171⁄2 minutes remaining. War I that we will not foreclose on owners get into this program, and yet Mr. BACHUS. I continue to reserve servicemembers’ homes while they are we’ve taken almost a year and we have the balance of my time. in combat, while they are in Afghani- 44 that have actually gone through. If you were to get through this pro- b 1300 stan or Iraq, we’ve had banks do hun- dreds and hundreds of foreclosures on gram, if you were one of the lucky Mr. FRANK of Massachusetts. I yield our men and women in uniform. There ones, one of the 44, clearly, it’s not 5 minutes to the gentleman from Mas- are needs for these programs, and yet going to help you insofar as you’re sachusetts (Mr. LYNCH). we are conveniently forgetting those going to destroy your credit for the Mr. LYNCH. I thank the ranking facts. next several years. The average credit member. Lastly, this bill, with all due respect, score of the 44 that are in the program I rise in opposition to H.R. 830, the has been poorly drafted in a meaning- was 711. That credit score is going to FHA Refinance Program Termination ful way. This bill, if adopted, would go down. Is their monthly payment Act and also the other bills that will be prohibit all voluntary agreements be- going to go down? In many instances, coming to the floor on the same sub- tween parties to stop these fore- no, because they’re going to have to ject. closures. And I understand what the come up with closing costs. They’re I want to emphasize one thing that targets of my Republican colleagues going to have to pay private mortgage the ranking member has raised, and are, but the bill is drafted so broadly it insurance if they haven’t been paying that is that these are voluntary pro- would prevent the banks, the FHA, the it already. And so there are other re- grams. These are all voluntary pro- homeowner and the servicer to come to quirements that are simply a burden grams that are trying to keep Amer- a voluntary agreement. on the actual homeowners. ican families in their homes. These Private enterprise has been some- It’s time that we tell the American programs require the banks to agree thing that my colleagues used to en- public the truth. It’s time that we in this body recognize when a government that this is a good deal and it’s deserv- courage, and here we have voluntary program is not working. We need to get ing of these homeowners. These pro- agreements that will be prohibited by rid of this program—$8.12 billion obli- grams require that the homeowner also this bill. And I do not think that is the gated, $50 million disbursed for 245 ap- agree, obviously, and also that in many intent of the gentleman, however, that plicants and 44 mortgages actually cases that the servicer agree. is the actual impact of his legislation. Now, because you’re requiring a vol- redone. And I have an amendment more spe- The program certainly doesn’t work untary agreement and an agreement cifically to deal with that at a later that has been crafted in such a way for the American taxpayer. We’re look- time. But we have to slow down the ing at debts and deficits in Wash- that all parties are balanced in their foreclosure process to put a floor under interests, it’s been difficult to generate ington. And many of us were sent here this economy. We have to help the fam- to Washington to try to get the out-of- the number of families to be helped so ilies that can be helped. And this FHA far. control government spending back in Refinance Program Termination Act line. And I would say that certainly I do want to also emphasize that this would prevent that from happening. program started in November. This $1.1 million per mortgage is not a good Mr. BACHUS. Mr. Chair, I yield 4 use of the taxpayer dollars. program started in November. We’ve minutes to the gentleman from Illinois When we look at future generations had about 4 months to get families on (Mr. DOLD). and we look at the amount of money board to be helped by these programs. Mr. DOLD. Thank you, Mr. Chair- that we’re spending right now, $1.48 For much of that 4 months, we have man, for yielding. trillion in deficit spending works out had abject resistance from the Mr. Chairman, H.R. 830 is common- to be over $3 million a minute. The servicers. They have been the obstruc- sense legislation that stops inefficient President’s budget comes out to talk- tion in making these programs work. and ineffective government spending. ing about 1.6 for the next year. We can- But I am happy to say that in the last At the outset of this $8 billion pro- not continue to spend money that we 10 days, we have had three major gram, its failure was inevitable. That don’t have. Our debt is at $14 trillion. servicers, Allied, GMAC and Wells inevitable failure is now undeniable. It When we actually took a look at the Fargo, that have finally come forward doesn’t work for the homeowner, it Treasury report that came out just a and said, we’re going to work within doesn’t work for the taxpaying Amer- couple of days ago talking about this program, and we’re going to try to ican families, and it certainly doesn’t TARP, because this program is basi- help families stay in their homes not work for future generations who are cally on TARP funds, they recognize out of charity, but because they realize trying to claw their way out of the that the mortgage modification pro- that we need to put a floor under this debt that we are burdening them with grams were never intended to be recov- housing market in order to help sus- each and every day. ered. This, to me, I think is an enor- tain the weak economic recovery that So let’s go back and let’s talk about mous problem. we have going forward. the homeowners. We’ve got 12 million This is a program that doesn’t work What exacerbates the situation is mortgages in America that are cur- for the homeowner, it doesn’t work for also the way the banks have handled rently underwater. And yet this pro- the American public, and it certainly is this up until now. In my district, and gram, this program which was actually not going to work for future genera- it’s happened all across the country, rolled out in March, it started about 6 tions. we’ve had situations where banks and months ago, has 245 applications—245. Mr. FRANK of Massachusetts. I yield servicers have employed robosigners to How many have actually made it over myself 30 seconds simply to say the the point where many of these fore- the hurdles and have gotten actually gentleman has simply repeated an ab- closure documents have been signed some help and refinanced? Forty-four. solute fantasy. This is not a $50 million without full knowledge by the individ- Forty-four refinances. We’ve got $8.12 expenditure for 40 loans. The $50 mil- uals charged with that responsibility. billion that has been obligated. We lion has not been given to anybody, not

VerDate Mar 15 2010 03:23 Mar 11, 2011 Jkt 099060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K10MR7.025 H10MRPT1 tjames on DSKG8SOYB1PROD with HOUSE March 10, 2011 CONGRESSIONAL RECORD — HOUSE H1683 a penny of it. It has been put in a re- b 1310 strengthening them so they are more serve account. Fifty million has been I hosted foreclosure workshops, and I effective. Mortgage counselors from set aside in a reserve account. It was met with hardworking people who were my district advise and plead to im- disbursed from the TARP to a reserve misled by lenders who were struggling prove our efforts to get tough on big account. The CBO, as I’ve submitted if to stay on top of their mortgages. I banks and provide meaningful relief to this goes forward, it will be about have seen grown men cry because they families. $12,000 per loan. couldn’t keep a roof over their chil- Stabilizing the housing market is Last week, the gentleman from Illi- dren’s heads. I have talked to veterans critical to economic recovery and cre- nois was claiming that if you partici- who served their country, only to re- ating jobs. For these reasons, I oppose pate in this program, you would have a turn home to notices of default. And I H.R. 830. tax liability. He learned that that was have met seniors on the brink of home- Mr. BACHUS. Mr. Chairman, I yield totally wrong. He is perpetuating lessness. 30 seconds to the gentleman from Illi- error. The administration’s foreclosure pre- nois (Mr. DOLD). I now yield 2 minutes to the gen- vention initiatives have fallen short in Mr. DOLD. Mr. Chairman, running a tleman from California (Mr. the valley. Simply put, the administra- business, I have to tell you, obligated tion’s programs haven’t effectively funds are one thing, disbursed funds MCNERNEY) served the people who are underwater are quite another. If I can, from the Mr. MCNERNEY. Thank you, Mr. on their mortgage, and the administra- monthly 105(a) report delivered to the Ranking Member. tion hasn’t been tough enough on the Congress from TARP and from the De- I’m proud to represent much of San big banks. I call on President Obama partment of the Treasury, and I will Joaquin County, which is the jewel of and his Cabinet to develop more effec- submit it for the RECORD, under ‘‘Obli- California’s Central Valley. Our valley tive efforts to stem the tide of fore- gated’’ all of the way down here when is a great place to live and work; but, closures. it is talking about the FHA refinance, unfortunately, we’ve been hit very But despite these shortcomings, the it is $8.12 billion. And in an entirely hard by the economic downturn. The bill the House Republicans are offering different column under ‘‘Disbursed,’’ it valley has been ground zero for the today is absolutely the wrong ap- is $50 million. From the paper here foreclosure crisis. Over the past few proach. It is throwing the baby out from the Department of the Treasury, years, thousands of families in San with the bath water. Instead of can- obligated and disbursed are different Joaquin County and throughout the celing foreclosure relief programs at things. We have $50 million that has valley have lost their homes. their beginning stages, we should be been disbursed. FIGURE 1—DAILY TARP PROGRESS REPORT AS OF FEBRUARY 3, 2011 [$ billions]

Principal/Investment Income/revenue Total cash (*Dollars in billions*) Obligated Realized Gain/other Warrants Total in- back Disbursed Repayments Write-offs loss Outstanding Dividends Interest income sold come

Bank Support Programs Capital Purchase Program (CPP) Preferred & Other Securities ...... 179.89 179.89 146.08 2.58 0.00 30.88 9.45 ...... 6.93 16.38 162.46 Citigroup Common ...... 25.00 25.00 25.00 ...... 0.00 0.93 ...... 6.85 0.05 7.84 32.84 Targeted Investment Program (TIP) Bank Of America ...... 20.00 20.00 20.00 ...... 1.44 ...... 1.24 2.67 22.67 Citigroup ...... 20.00 20.00 20.00 ...... 1.57 ...... 0.19 1.76 21.76 Asset Guarantee Program (AGP) Bank Of America ...... 0.28 ...... 0.28 0.28 Citigroup ...... 5.00 ...... 0.44 ...... 2.25 0.07 2.76 2.76 Community Development Capital Initiative (CDCI) ...... 0.57 0.57 ...... 0.57 0.00 ...... 0.00 0.00 Bank Program Totals ...... 250.46 245.46 211.08 2.58 0.00 31.45 13.83 ...... 9.37 8.48 31.68 242.76 Credit Market Programs Public-Private Investment Program (PPIP) Equity ...... 7.51 5.37 0.16 ...... 5.21 0.40 ...... 0.00 ...... 0.40 0.56 Debt ...... 14.90 10.52 0.46 ...... 10.06 ...... 0.10 ...... 0.10 0.56 Term Asset Backed Securities Lending Facility ...... 4.30 0.10 ...... 0.10 ...... Purchase SBA 7(a) Securities (SBA) ...... 0.37 0.37 0.01 ...... 0.36 ...... 0.00 0.00 ...... 0.00 0.01 Credit Market Program Totals ...... 27.07 16.36 0.63 ...... 15.73 0.40 0.10 0.00 ...... 0.50 1.13 Other Programs American international Group (AIG) Common ...... 47.54 47.54 ...... 47.54 ...... 0.06 ...... 0.06 0.06 Preferred ...... 22.29 20.29 ...... 20.29 ...... AIG Totals ...... 69.84 67.84 ...... 67.84 ...... 0.06 ...... 0.06 0.06 Automotive Industry Financing Program (AIFP) GM ...... 51.03 51.03 23.07 ...... 4.44 23.53 ...... 0.77 0.10 ...... 0.86 23.93 Chrysler ...... 14.43 12.37 3.85 1.60 ...... 6.92 ...... 0.58 0.06 ...... 0.64 4.49 Ally (GMAC) ...... 16.29 16.29 ...... 16.29 2.00 ...... 2.00 2.00 AIFP Totals ...... 81.76 79.69 26.92 1.60 4.44 46.74 2.00 1.35 0.16 ...... 3.51 30.43 Other Programs Totals ...... 151.59 147.53 26.92 1.60 4.44 114.57 2.00 1.35 0.21 ...... 3.56 30.48 Treasury Housing Programs Under TARP Making Homes Affordable ...... 29.91 0.94 ...... HFA Hardest-Hit Fund ...... 7.60 0.10 ...... FHA Refinance ...... 8.12 0.05 ...... Housing Totals ...... 45.62 1.10 ...... Grand Totals ...... 474.76 410.45 238.63 4.18 4.44 161.75 16.23 1.45 9.59 8.48 35.74 274.38

Mr. FRANK of Massachusetts. I yield Mrs. MALONEY. I thank the ranking know that we have 12 million mort- myself 15 seconds to further elucidate member for yielding. gages that are underwater, that need matters to the gentleman from Illinois. I rise in opposition to H.R. 830. This help. They are in all of our States, but It has been disbursed in a letter of bill is one of four separate anti-fore- they are not coming forward with any credit, none of which has been drawn closure programs aimed at helping ideas of how to help the economy or down. It sits there as a reserve in case troubled homeowners stay in their how to help the people. of losses. homes that the new House Republican Now, this particular program is just I now yield 3 minutes to the gentle- majority is planning to end. What is getting started. It is the FHA Short woman from New York (Mrs. very troubling is that they don’t have Refinance Program, and it is one of the MALONEY). any idea of what to put in its place. We foreclosure prevention programs that

VerDate Mar 15 2010 03:23 Mar 11, 2011 Jkt 099060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K10MR7.027 H10MRPT1 tjames on DSKG8SOYB1PROD with HOUSE H1684 CONGRESSIONAL RECORD — HOUSE March 10, 2011 would not only help the individual might be unsettling to the economy. duct and the States’ attorneys general homeowners, but also help to stabilize Mr. Chairman, if there is one problem have been pushing them, the banks, to the overall U.S. housing market, which that got solved in the past decade, it is impose fines for violating the law in is 25 percent of our economy. So it not that problem: the problem of paying off how they handle foreclosures. only helps an individual. It helps a lo- the national debt too quickly. b 1320 cality, it helps our country, it helps My party can claim none of the cred- our economic strength. it for that. It was a Republican Presi- Several Republicans sent a letter The result of ending this program dent and a Republican Congress. I must yesterday to the Secretary of the would be hundreds of thousands of ad- admit that I don’t like what they did Treasury protesting that Federal agen- ditional foreclosures and steeper price to solve that problem of paying off the cies were being too mean to the banks. declines in our housing. It is out- national debt too quickly. They gave I thought most politicians learned rageous. It is shortsighted. It is mean, tax cuts to America’s top one-tenth of during the Keating Five that your of- and it is wrong. 1 percent, Americans making more fice does not give you the right to give Now, in this program it would allow than $2,340,000, and we saw just a cou- your political buddies, your contribu- the borrowers to reduce the principal ple of months ago that that was one tors, a get-out-of-jail-free card, but owed on their homes up to 10 percent thing that was absolutely nonnego- that appears to be what they’re willing so that their payments are lower, so tiable for them. They would give up ev- to do when it’s the banking industry that they can save money that they erything before they would let those that is complaining about it. It is not can’t afford. And in return, the banks Americans have to pay any more in true that this problem of foreclosures would get an FHA-insured loan that is taxes. is just affecting a handful of Ameri- subject to all of FHA’s strict stand- When there was a proposal to expand cans. The CHAIR. The time of the gen- ards. So to get this loan, you will have Medicare to take care of prescription drugs, something I supported gen- tleman has expired. to jump through hoops to be able to Mr. FRANK of Massachusetts. I yield erally, Republicans in Congress passed qualify. the gentleman 1 additional minute. And it is voluntary. Just last week, a bill that was not paid for, as other Mr. MILLER of North Carolina. We several major banks in America volun- programs like that had been paid for, are in a cycle of foreclosures leading to tarily walked forward to help out— and was a giveaway to the insurance the reduced value of homes, more Citibank, Wells Fargo, and Bank of industry and to the prescription drug Americans underwater, and when peo- America, to name a few. So the pro- industry. So when they are giving tax ple are underwater, they’ve seen their gram is just getting started and the $50 cuts to the very, very richest Ameri- life savings disappear. More Americans million line of credit is like a line of cans, the richest of the rich, when they underwater, more foreclosures, and on credit you draw down on. Hopefully, we are giving away taxpayer money to the and on. won’t even have to tap into it. Hope- insurance companies and to the pre- We have got to put a bottom on the fully, our economy improves and peo- scription drug industry, the drug in- housing market. We know this can ple are able to pay their mortgages. dustry, they don’t worry about deficits work. This program is very similar to a The standards are very strict. The at all. It is only when Democrats take program in the New Deal that did owners must be current on their pay- the Presidency, and particularly in the work, the Homeowners Loan Corpora- ments. It must be their primary resi- last 2 years when we have been dealing tion. It turned a profit—a slight profit, dence. They have to have full docu- with the worst recession since the but a profit—saved the middle class, mentation to qualify. So it is a strict Great Depression and have been trying and saved the housing industry. We program. to pull the country out of a nosedive, need to do something. Republicans I want to come back to an issue that that they have suddenly become wor- have offered nothing. is very important to me and, that is, ried about the deficits and criticized Mr. BACHUS. Mr. Chair, I yield 11⁄4 this affects lives. This affects people. everything that we have done to try to minutes to the gentleman from Nevada In Congressman FRANK’s home State, save the country from the disaster that (Mr. HECK). there are over 222,000 residents whose we inherited. Mr. HECK. I thank the gentleman mortgages are underwater that could It is only the programs that help from Alabama for the time. qualify possibly if they could meet the working and middle class families that Mr. Chairman, I rise today to oppose criteria. It is part of a total package to seem to give them a problem, like this H.R. 830, the FHA Refinance Program help our economy move forward, and one. Now, we have been on the case of Termination Act. I represent the dis- the opposition, the Republican major- subprime lending and its effects for a trict that is truly ground zero for ity, has no ideas of their own. It is just long time. I introduced legislation in America’s housing crisis; 390,192 mort- to come in and cut a good program 2004 to rein in subprime lending, not a gages in Nevada are underwater. Let that is just getting started. bit of help from Republicans. Mr. WATT me say that again: 390,192 families in They mentioned the 44 people that and I introduced that bill. It was Mil- Nevada are underwater. have been helped. They say that is not ler-Watt. Two years later, it became I agree that people need a paycheck, important. I would say it is very im- Miller-Watt-Frank. We have been on not a government check, but we must portant to the 44 people who have been this case. help individuals who are trying to do helped, and there could be 12 million The gentleman from Alabama said in the right thing. This program gives who could be helped under this pro- committee the other day, Show me a some of those Nevadans who are cur- gram. way to deal with this problem that rent on their mortgage but underwater Mr. BACHUS. I reserve the balance of doesn’t cost taxpayer money. I did that the ability to refinance their loan. my time. in 2007. I introduced a bill that bank- Some will say this program is a fail- Mr. FRANK of Massachusetts. I yield ruptcy lawyers and judges have said ure because too few mortgages have 4 minutes to the gentleman from North was one way to deal with the problem, been refinanced through it. They’ll say Carolina (Mr. MILLER), one of the lead- let bankruptcy judges modify mort- not enough money has been distrib- ing House experts on this matter. gages in bankruptcy the same way uted. I say, a failed PR job should not Mr. MILLER of North Carolina. Mr. they modify all other kinds of secured be the reason a good program dies. And Chairman, I want to reassure Ameri- debt; no support from Republicans at the FHA Refinance Program can be a cans that it is not true that no problem all, and the opposition Republicans good program, but it needs more atten- ever gets fixed in Washington. Ten killed that. tion, and perhaps reform, so home- years ago, the debate here in Congress I urged the Federal agencies that set owners know it’s an option. was what to do with the surplus. In rules for the banks to require they Vote ‘‘no’’ on H.R. 830 and give home- fact, we paid off $400 billion of the debt; treat people better than they have been owners a chance to take advantage of and Alan Greenspan, who was then the treating them when they manage their this program. chairman of the Federal Reserve mortgages, no help from Republicans Mr. BACHUS. Mr. Chair, I yield 1 Board, worried that we would pay off at all. Just yesterday, the Federal minute to the gentleman from Kansas the national debt too quickly and it agencies in charge of the banks’ con- (Mr. YODER).

VerDate Mar 15 2010 03:23 Mar 11, 2011 Jkt 099060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K10MR7.029 H10MRPT1 tjames on DSKG8SOYB1PROD with HOUSE March 10, 2011 CONGRESSIONAL RECORD — HOUSE H1685 Mr. YODER. Thank you, Mr. Chair- month: ‘‘As of February 11, 44 loans than many of the billions my col- man. have been endorsed.’’ Where else but in leagues on the other side are prepared I rise today in strong support of H.R. Washington would it be a good idea to to subsidize some of their favored sa- 830. The bill would repeal a well-inten- obligate $8 billion in taxpayer funds cred cows as opposed to doing some- tioned but bankrupt policy. and disburse $50 million of those dol- thing that will help the whole econ- Mr. Chairman, the American people lars? Now, whether it’s to help 44 omy. are tired of bailout after bailout and homeowners or not, we don’t know how I yield back the balance of my time. big spending bill after big spending many will be in default or what it will Mr. BACHUS. I yield myself the bal- bill. With $14 trillion in debt and bor- cost. But that money has been dis- ance of my time. rowing $5 billion a day, yet unemploy- bursed from the U.S. Treasury. Mr. Chair, Members of this body, ment is at 9 percent, the American peo- Mr. Chairman, this bill ends another what are we talking about when we’re ple are sending us an unmistakable failed government program. Taxpayers talking about cutting government message: The idea of borrowing, bailing shouldn’t foot the bill for failure. I spending? We’re talking about these out and spending isn’t working. would urge my colleagues to support children. We’re borrowing more money in the bill. b 1330 Washington with this program that we Mr. FRANK of Massachusetts. Mr. don’t have to help Americans borrow Chairman, I yield myself the balance of These children cannot afford a future more money at home that they can’t my time. where its Federal Government spends afford for housing they can’t afford. A week ago when we debated this in $8 billion more every day than it takes Mr. Chairman, this is madness. When committee, the author of the bill, the in. will this stop and when will the politi- gentleman from Illinois (Mr. DOLD), Now, the ranking member has criti- cians in Washington understand that was telling people that if they joined cized our military spending. I could we’re not going to be able to borrow this program they would have a tax li- have a picture of my grandchildren up, and spend our way to prosperity? The ability. He was wrong. It wasn’t his and I could have a picture of one of my American people are tired of this. They fault. He was told that that was the little granddaughters whose dad served want Washington leaders to step up, re- case. He dutifully read what he was in the U.S. Marines. Their unit served duce spending, and eliminate programs told. You haven’t heard that again be- in Afghanistan and in Iraq. So I make that aren’t working. cause he found out that was wrong. no apology for supporting our troops. Mr. Chairman, I ask today that we He was also told that it was going to Now if the President decides to call pass this legislation and restore fiscal be $50 million disbursed. They don’t them home, my son would support sanity to Washington. seem to be clear on what that means. that. Mr. FRANK of Massachusetts. How No, $50 million has not been spent on Now, Ranking Member FRANK said much time is remaining on both sides, any individual. Fifty million has been this sits in a fund. This program that Mr. Chairman? set aside in a letter of credit if nec- has helped 44 families whose average The CHAIR. The gentleman from essary in the future to pay for defaults. mortgage was $330,000—that’s more Massachusetts has 21⁄2 minutes remain- So this million dollars per loan is, of than the cost of a home in my district. ing. The gentleman from Alabama has course, a fantasy. But here is President Obama’s report 41⁄4 minutes remaining. Now, it is true, the program has not to us that $50 million has been dis- Mr. FRANK of Massachusetts. I have yet had a major impact. And if it does bursed, but the alarming figure is $8.12 only one remaining speaker. I will not prove itself out, it never will. It billion that’s obligated. defer until the gentleman has his last cannot be both wildly expensive and The gentlelady from New York said speaker. nonexistent. It is there. If we get an that the banks—Citibank, Bank of Mr. BACHUS. Mr. Chair, I yield 21⁄2 agreement involving all the attorneys America—they’re all lining up to use minutes to the gentlelady from Illinois general of both parties, involving the this program. I would be too. This (Mrs. BIGGERT). regulators and the financial institu- transfers obligations from lenders to Mrs. BIGGERT. I thank the gen- tions, this will be one of the tools that the taxpayer. As long as these mort- tleman for yielding. will accommodate people. CBO does gages were making money, the banks Mr. Chairman, President Ronald think there could be a loss. Their pre- profited. But all of a sudden when Reagan famously said—with tongue in diction is, their best guess—and they’re they’re underwater and a borrower cheek, no doubt—that the closest thing the best objective element we have— maybe can’t make the payment, hey, if to eternal life on this Earth is a Fed- you could get an amount of $12,000 or I was a bank, I would say, yeah, let the eral Government program. so per loan lost here. Not a million dol- government, let the taxpayers reduce I rise today in support of H.R. 830, lars; 12,000. It is part of a panoply of this mortgage. That ought to be be- legislation offered by my friend from projects to try and reduce foreclosures tween the bank and the homeowners. Illinois (Mr. DOLD). At the risk of dis- and help the economy deal with this Forty-two families? You say all these proving the late President’s axiom, let crisis. four programs we’re going to debate me just say that H.R. 830 will dem- And for people who, and I repeat it— this week and next week—which cost onstrate that Congress does have the they don’t like it—they’ll send money billions of dollars—they’re going to good sense, the fortitude, and the to Brazil, they’ll send money to Afghan help half a million families? There are wherewithal to bring an end to a Fed- cities, they’ll send money to Iraqi secu- 12 million families that are under- eral program, especially one that is not rity, they’ll subsidize farmers at more water. working. than $250,000 a year, but $12,000 per Let’s talk about something very im- The program in question is the FHA homeowner at most is too much for portant. If we don’t get our financial Refinancing Program, which was au- them. And it isn’t just for the home- house in order, I’ll quote the words of thorized under the broadest of provi- owners; it is a necessary part of getting Admiral Mike Mullen on August 25 be- sions in the TARP legislation back in out of our economic crisis. fore CNN, and I will close with this, 2008. In 2010, the program was con- So I hope that this is defeated. I ap- ‘‘The most significant threat to our na- ceived in haste, enacted with no vote in preciated what the gentleman from Ne- tional security is our debt.’’ And that Congress, and was designed to augment vada said. Yes, it can be improved. The threat comes from this body and the another failed program, the Making fact that only 44 people have been in- administration. It’s time to cut spend- Homes Affordable Program, or HAMP, volved so far means they are pro- ing. Think about them. Think about which has done more harm than good. ceeding, appropriately, cautiously. their future. Under the FHA Refinancing Pro- This is a program with great promise. Ms. EDDIE BERNICE JOHNSON of Texas. gram, the FHA is directed to use TARP It may not turn out, but if a promise Mr. Chair, I rise in opposition to H.R. 830, the funds to refinance mortgages that are doesn’t turn out, then it doesn’t cost FHA Refinance Program Termination Act. current but underwater. Its record has anything. And if it does turn out to be This legislation would end the FHA’s short- been abysmal, with the FHA Commis- a workable part of an overall solution, term refinance program authorized under the sioner stating during our hearing last it will be money much better spent Troubled Asset Relief Program.

VerDate Mar 15 2010 03:23 Mar 11, 2011 Jkt 099060 PO 00000 Frm 00017 Fmt 7634 Sfmt 9920 E:\CR\FM\K10MR7.031 H10MRPT1 tjames on DSKG8SOYB1PROD with HOUSE H1686 CONGRESSIONAL RECORD — HOUSE March 10, 2011 A program designed to help homeowners effectively and prudently. Lenders must set up No amendment to the committee refinance their existing mortgage for lower in- an operational infrastructure to utilize this op- amendment in the nature of a sub- terest rates. tion, and a great deal of coordination is re- stitute is in order except those received With declining home values, borrowers are quired throughout the mortgage chain. As of for printing in the portion of the Con- caught in mortgages that they can no longer February 11th, 23 FHA-approved lenders are gressional RECORD designated for that afford. participating in the program, including Wells purpose in a daily issue dated March 9, This is because their rates have reset or be- Fargo and GMAC/Ally, which intend to deliver 2011, or earlier and except pro forma cause their interest-only payments have not several thousand loans. FHA also indicates amendments for the purpose of debate. allowed them to grow any equity in their that numerous other lenders are in the proc- Each amendment so received may be homes. ess of developing the capability to utilize the offered only by the Member who causes They are making their payments—but just program by midyear. it to be printed or a designee and shall barely. Not only does the Republican Leadership be considered read if printed. Mr. Chair, we should continue to help hard seek to terminate the FHA Refinance Pro- The Clerk will designate section 1. working Americans who are paying their bills gram, but it also seeks to terminate the Home The text of section 1 is as follows: on time every month stay in their homes. Affordable Modification Program, the Neigh- Be it enacted by the Senate and House of Rep- Ending this vital recovery program with no resentatives of the United States of America in borhood Stabilization Program, and the Emer- Congress assembled, alternative plan is just wrong. gency Homeowners Loan Program. It is clear SECTION 1. SHORT TITLE. The Republicans reckless spending pro- that more needs to be done to help struggling This Act may be cited as the ‘‘FHA Refinance posals will move our country backwards not homeowners stay in their homes. However, Program Termination Act’’. only domestically but globally. terminating the very programs that were es- AMENDMENT NO. 9 OFFERED BY MRS. MALONEY Eliminating this program will cost us more in tablished to do so is not the solution. I encour- Mrs. MALONEY. Mr. Chairman, I the long-term. age my colleagues on the other side of the have an amendment at the desk. While I believe cuts are necessary to ad- aisle to come to the table and present real so- The CHAIR. The Clerk will designate dress the Nation’s long-term fiscal problems, it lutions to this epidemic. If a Member feels this the amendment. must be done responsibly and with the Amer- program has not benefited enough home- The text of the amendment is as fol- ican public’s interest in mind. owners, he or she should suggest a way to do lows: I encourage my colleagues to oppose this so and we can go from there. Instead, Repub- After section 1, insert the following new bill. licans are placing politics before people. Our section: Mr. DINGELL. Mr. Chair, I rise in opposition Nation needs solutions, not denunciations. SEC. 2. CONGRESSIONAL FINDINGS. to H.R. 830, a hasty political ploy that will ter- Mr. Chair, I strongly urge my colleagues to The Congress finds that— minate a promising program. I refuse to let my vote against this bill. (1) there are 35,610 underwater mortgages Republican colleagues, determined to appear in Alabama; Mr. VAN HOLLEN. Mr. Chair, the FHA Refi- (2) 7,801 underwater mortgages in Alaska; fiscally austere at any cost, cut budding initia- nance Program proposed for termination in to- (3) 648,387 underwater mortgages in Ari- tives that are in the best interest of the coun- day’s legislation is designed to provide dis- zona; try. tressed homeowners mortgage relief by using (4) 27,580 underwater mortgages in Arkan- The FHA Refinance Program is tailored to FHA loan guarantee authority to incentivize sas; benefit responsible homeowners—home- holders of existing single family loans to re- (5) 2,172,700 mortgages in California; owners who, through principal write-downs, duce the outstanding principal balance of their (6) 221,097 underwater mortgages in Colo- will be able to stay in their homes. It is also loans by at least 10% in conjunction with an rado; (7) 97,244 underwater mortgages in Con- structured to protect lenders from possible FHA refinance when the principal balance of a foreclosure losses and save communities from necticut; borrower’s loan is greater than the property’s (8) 23,906 underwater mortgages in Dela- increased blight. Ten states, including my current value. Importantly, participating home- ware; home state of Michigan, posted foreclosure owners must be current on their existing loan, (9) 2,029,128 underwater mortgages in Flor- discounts of more than 35 percent in 2010. and all other FHA safety and soundness un- ida; We must use all our tools at hand to stem this derwriting standards continue to apply. Any (10) 449,971 underwater mortgages in Geor- massive foreclosure epidemic. losses under the program are covered by gia; I hear daily from struggling homeowners funds already set aside by the TARP, adding (11) 24,664 underwater mortgages in Hawaii; (12) 61,566 underwater mortgages in Idaho; who are trying to keep afloat. Negative equity no additional exposure to the FHA’s capital re- mortgages are plaguing our country from (13) 431,050 underwater mortgages in Illi- serves. nois; coast to coast. At the end of last year, 11.1 Mr. Chair, while I am aware of—and frankly, (14) 68,196 underwater mortgages in Indi- million, or 23.1 percent, of all residential mort- to some extent sympathetic to—the criticism ana; gages were in negative equity. In Michigan, and frustration around the pace and scope of (15) 28,976 underwater mortgages in Iowa; over 36 percent of mortgages were in negative this program to date, I would also point out (16) 32,787 underwater mortgages in Kansas; equity. Home prices are expected to fall an- that it has only been operational since October (17) 24,880 underwater mortgages in Ken- other five to ten percent in 2011. Millions of of last year. Furthermore, as a purely vol- tucky; borrowers are being held captive in their untary program, its success clearly hinges on (18) 298,554 underwater mortgages in Mary- homes, unable to move or sell their properties. land; the active participation of our major loan (19) 222,599 underwater mortgages in Mas- Keeping programs like the FHA Refinance servicers, two of whom—Wells Fargo and Ally sachusetts; Program alive is crucial to spurring economic Financial—have just recently announced their (20) 519,716 underwater mortgages in Michi- recovery and giving the mortgage industry the intention to let qualified borrowers take advan- gan; jump-start it so desperately needs. tage of the program. Finally, with an estimated (21) 90,090 underwater mortgages in Min- My Republican colleagues like to point to one in five homeowners currently underwater nesota; the fact that since the program has only spent on their mortgages, it is clear to me that the (22) 122,543 underwater mortgages in Mis- $50 million, it must be ineffective. I find it inter- housing crisis is not yet behind us. souri; esting that a Republican argument against a (23) 8,650 underwater mortgages in Mon- By providing struggling but credit-worthy tana; program is that it hasn’t cost the government homeowners with a reduced monthly payment (24) 21,388 underwater mortgages in Ne- enough. So much for fiscal austerity. In fact, and a mortgage that is more aligned with ac- braska; the FHA Refinance Program was specifically tual property values, the FHA Refinance Pro- (25) 390,192 underwater mortgages in Ne- designed to be cost-effective for the govern- gram can help prevent foreclosures and sta- vada; ment. Its allocated funds only cover incre- bilize the housing market, which is in every (26) 37,488 underwater mortgages in New mental credit and incentive costs, and will not American’s long term interest. Hampshire; be spent unless a borrower defaults under the The CHAIR. All time for general de- (27) 286,293 underwater mortgages in New program. Since no borrowers have defaulted, bate has expired. Jersey; Pursuant to the rule, the amendment (28) 29,375 underwater mortgages in New no money has been spent on loans. Mexico; Let us not forget how hasty this bill is—the in the nature of a substitute printed in (29) 129,633 underwater mortgages in New FHA Refinance Program has only been avail- the bill shall be considered as an origi- York; able since September. It is no surprise that it nal bill for the purpose of amendment (30) 160,007 underwater mortgages in North takes time for such complex programs to work under the 5-minute rule. Carolina;

VerDate Mar 15 2010 04:42 Mar 11, 2011 Jkt 099060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\A10MR7.004 H10MRPT1 tjames on DSKG8SOYB1PROD with HOUSE March 10, 2011 CONGRESSIONAL RECORD — HOUSE H1687 (31) 3,582 underwater mortgages in North are in financial difficulty. Banks then the vote on this bill how many Ameri- Dakota; can get an insured FHA guarantee and cans across this country will not be (32) 441,379 underwater mortgages in Ohio; move forward and people can keep liv- helped if the majority gets their pas- (33) 24,411 underwater mortgages in Okla- ing in their homes and can keep par- sage of their bill that would terminate homa; (34) 108,335 underwater mortgages in Or- ticipating in the economy. a program that has the potential of egon; Because of this vote today, if the ma- helping literally millions in America. (35) 132,805 underwater mortgages in Penn- jority wins, homeowners across the I urge a ‘‘yes’’ vote on my amend- sylvania; country may not have the opportunity ment. (36) 45,511 underwater mortgages in Rhode to take advantage of the program that b 1340 Island; has just begun, and which should be (37) 85,226 underwater mortgages in South made, in my opinion, available to POINT OF ORDER Carolina; them. Mr. BACHUS. Mr. Chairman, I make (38) 133,956 underwater mortgages in Ten- Now what this does, it goes down all a point of order against the amend- nessee; ment because in my opinion it violates (39) 367,954 underwater mortgages in Texas; of the impacts across the country. It (40) 98,093 underwater mortgages in Utah; shows that in my home State of New clause 7 of rule XVI which requires (41) 276,910 underwater mortgages in Vir- York there are over 129,000 mortgages that an amendment be germane to the ginia; underwater that would not be able to matter it’s amending. (42) 209,577 underwater mortgages in Wash- apply for this program to allow people It’s not germane to the bill because ington; to stay in their homes. In Chairman it’s outside the scope of the bill and (43) 15,240 underwater mortgages in Wash- BACHUS’ State, there are over 35,000 fails to draw the nexus to the bill. ington D.C.; mortgages underwater. In Florida, The CHAIR. Does any other Member (44) and 81,267 underwater mortgages in there are more than 2 million mort- wish to be heard on the point of order? Wisconsin. The Chair recognizes the gentle- (45) the aggregate number of mortgages es- gages underwater, and they have no al- timated to be underwater in such States is ternative of any way to help these peo- woman from New York. 10,780,236; and ple. And these numbers are from an Mrs. MALONEY. The amendment is (46) by voting to terminate the FHA Refi- independent company’s study. germane, Mr. Chairman. nance Program under this Act without a sug- If you go to California, our largest This program has the potential to gested replacement, the Congress is voting State, over 2 million homes are under- help underwater mortgages across our to terminate a program that may have water. Nevada, 390,000 individuals are great country, which is germane to the helped these underwater borrowers. facing the loss of their homes. In Ari- bill we’re debating today, because the Mr. BACHUS. Mr. Chairman, I re- zona, there are over 648,000 families bill terminates the potential of this serve a point of order against the that are underwater. Their home is not help. You have no findings in this bill amendment. worth what they’re paying for it, what that you’re rushing to the floor. The CHAIR. A point of order is re- the mortgage is. It is germane to talk about the hun- served. So this program is one that I think is dreds of thousands of homeowners that The gentlewoman from New York is thoughtful, one that has only $50 mil- are out there that possibly could lose recognized for 5 minutes in support of lion as sort of a line of credit that will their home because this program is her amendment. be pulled down if there are defaults. being terminated. This is germane, in Mrs. MALONEY. Mr. Chairman, my But the banks participating have very my opinion, to the underlying bill. amendment has the purpose of making strict standards, as does the FHA. It The CHAIR. Does any other Member very clear what we’re doing today to has to be their primary residence. They wish to be heard on the point of order? the American people. This amendment have to provide full documentation. No The Chair recognizes the gentleman makes clear that we are ending a pro- more of these ‘‘no doc’’ loans. They from Alabama. gram that has the potential to help must be current on the mortgage. They Mr. BACHUS. Mr. Chair, she lists the hundreds of thousands of underwater must have a job. They have to have number of mortgages that are under- borrowers. many, many levels that they have to water and says that this program may H.R. 830, the FHA Refinance Program meet before they get the loan. But at help them. Obviously, there are many Termination Act, ignores the under- least it’s a lifeline to these 12 million of those, the buyers are behind on their water borrowers of this country and families whose homes are underwater. payments and they wouldn’t qualify for does nothing to help families save their With declining home values, bor- help. Just the number 44 ought to tell homes. rowers are caught in mortgages they you that when you list 12 million Very simply, the bill ends a program no longer can afford because their rates homeowners and then say that the ter- that has the potential to help hundreds have reset or because their interest- mination of this program would have of thousands of people whose mort- only payments have not allowed them helped is quite a stretch. There are cer- gages now exceed the value of their to grow any equity in their homes. tain other qualifications under this home, and also help the communities They are making their payments, but legislation that are not met by simply and help the overall economy. just barely. And so this one is there to being underwater. The majority crafted a so-called help them. And it simply adds findings The CHAIR. Does the gentlewoman ‘‘open rule’’ in such a way that it’s to the bill with the number of under- from New York wish to be heard on the nearly impossible to offer any sub- water mortgages in each State that point of order? stantive amendments—a number were we’ve secured the data for so that it be- Mrs. MALONEY. Yes, I do. voted down on a party line in the com- comes very clear to the American peo- As a point of information, there are mittee debates—in response to this re- ple how many homeowners in each very strict criteria from the FHA and ality. State we are not helping if we do what from the individual banks that are vol- In an effort to highlight the true na- the majority wants, to terminate this untarily participating, and one of those ture of this harmful bill, my amend- program. criteria is that you must be current on ment identifies the numbers in each And I might say this program is one your payments. You must be current. State of the hundreds of thousands of of four that the Obama administration What the gentleman said was inac- underwater borrowers across the coun- has put forward to help homeowners curate, that they could be behind on try and makes clear that the Repub- stay in their homes and to help sta- their payments or not making their lican majority has no solution to the bilize our economy, which is still frag- payments. They’re having difficulty problem, nor do they have any desire ile and is still recovering. Housing is 25 making it because their home value is to find one. percent of our economy, according to not equal to what the mortgage is. And Americans must be made aware of many economists. So the strength of so it’s difficult. But they must all be the intention of this majority. This housing is important to the overall current on their payments. program allows borrowers to write health of our Nation’s economic future. The CHAIR. The gentlewoman needs down at least 10 percent to reduce the So I urge my colleagues to support to confine her remarks to the point of debt burden. They are all paying. They the amendment, to make it clear by order.

VerDate Mar 15 2010 04:08 Mar 11, 2011 Jkt 099060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\A10MR7.013 H10MRPT1 tjames on DSKG8SOYB1PROD with HOUSE H1688 CONGRESSIONAL RECORD — HOUSE March 10, 2011 Ms. JACKSON LEE of Texas. Mr. fornia, over 2 million people’s homes banks do a good job and do not hand Chairman, I would like to be heard on are underwater; in Florida, over 2 mil- out loans unless people can actually the point of order. lion homes are underwater; Arizona, repay them. And this will be a tool to The CHAIR. The Chair recognizes the 648. move forward not only to help people, gentlewoman from Texas. And in my own State, over 129,000 but to help the overall economy. Ms. JACKSON LEE of Texas. First of people will not have the access to this Now, what I find very troubling all, the gentleman from Alabama was program that allows them to adjust about this is that my friends on the arguing the merits of the legislation. their mortgages so that they reflect other side of the aisle want to termi- These are findings that pertain to the the true value of their homes, make nate four antiforeclosure programs, but results that would occur from the lan- their payments on that value so that they have no alternative. It’s sort of guage in the bill. they can move forward and be part of like their approach to jobs. They have The bill is eliminating the existing the community, keep these homes from not come forward with any program to funds or leftover funds for FHA refi- becoming blight and emptied in an help create jobs. They have not come nance. The amendment clearly lays out area. forward with any program to help peo- the impacted persons connected to the We all have stories in our districts ple stay in their homes. It’s part of the elimination. Therefore, this is germane and across the Nation where people ‘‘so be it’’ attitude. You’re on your because it relates to the language of cannot make their mortgage payments own. We’re not going to help you. the amendment and the intent of the because they have lost values in their But this is a program that helps peo- amendment. home. They are deserting them. They ple help themselves adjust to the re- Twelve million people left behind, are leaving them. In some States, they ality of what their homes are actually thousands of homeowners in different are literally bulldozing the homes un- worth. And I think that it’s important States, and the fact that there is no derground because no one can afford to that this information of how many peo- other solution to these homeowners ex- live in them. This is an answer to some ple, the 12 million people and where cept FHA refinance, it is a germane of the challenges. they live in America, is important in- amendment. The findings are simply And my colleagues on the other side formation that should be part of this laying out the impact. We do that in of the aisle talk about the cost. Well, I bill. all of our bills to put findings on what would say that the cost—not only to the impact of legislation would be. the individual homeowner, but to the And that’s why I am now respectfully I ask the Chairman to consider the overall economy—will be greater by requesting unanimous consent to place gentlelady’s amendment being ger- terminating the four efforts, the four into the RECORD the listing of where mane. The findings are germane, and it antiforeclosure efforts from the Obama these 12 million people live so people is doing simply that of listing the ele- administration to help with the hous- will know these are the people we are ments of the impact of this legislation. ing crisis. saying ‘‘no,’’ ‘‘so be it,’’ ‘‘we’re not I ask for a waiver of the point of And we know that the subprime cri- going to be there to help you.’’ order. sis was a scandal. Many people were And let me tell you, my follow col- The CHAIR. The Chair is prepared to not—got into homes they couldn’t af- leagues. I would be cautious about vot- rule on the point of order. ford under misinformation. ing for this, because you’re voting The gentleman from Alabama makes We have helped other areas of our against your economy. You’re voting a point of order that the amendment economy. We certainly should help the against your State. You are voting offered by the gentlewoman from New homeowners, the working Americans against your own colleagues, your own York is not germane. to help them through this economic residents and neighbors who may need The bill addresses repeal of a Federal crisis, too. this. We know the trouble that’s in this Housing Administration program that And we have to remember that al- economy. Practically every family in provides for refinancing of a specified though we are digging our way out of America has some relative who’s lost a set of mortgages. this Great Recession, the recovery has job or is unemployed. So this is some One of the fundamental principles of been slow. We are still in a fragile re- way to help with this economic recov- germaneness is that the amendment covery. The economists testified before ery. It is thoughtful. It is a good pro- must relate to the subject matter of the Financial Services Committee that gram. the underlying bill. The bill is confined housing was 25 percent of our economy. And I urge my colleagues to vote to a specific type of refinancing pro- So, helping people stay in their against the ‘‘so be it’’ bill the Repub- gram. The amendment seeks, in part, homes, I would say that our overall licans have before us today and to real- to address mortgages on broader bases, economy has a stake in it. ly work with, in a bipartisan way, the beyond the ambit of the bill. Now, some people said, well, the Obama administration to help working The amendment is therefore not ger- banks will run in and do this. Banks Americans, struggling Americans stay mane. The point of order is sustained. are not going to do this unless they in their home. Mrs. MALONEY. I move to strike the think that the loan is going to be paid last word. and they’re not going to be hurt with b 1350 The CHAIR. The gentlewoman from it. And the standards from FHA are New York is recognized for 5 minutes. very high. You have to be current. You It’s the least that we can do as a car- Mrs. MALONEY. I’m distressed with have to have a job. You have to live in ing Nation, absolutely the least we can this ruling because I think it is ger- your home. You have to have a proven do as a caring Nation. So I urge my mane that people will lose their homes, track record. You have to have good colleagues, and I would be very cau- that they are eliminating a program credit before you can be approved. So tious in your vote, because I believe that is just starting that is thoughtful, that is why only 50 million is the line your constituents are going to remem- that would give FHA financing and of credit that will be drawn down if ber this vote if this program is termi- guarantees to help people stay in their there are foreclosures. nated and their lifeline, their ability to homes, and that people in Nevada, over Hopefully the economy improves, stay in their homes, is terminated be- 390,000, could be affected by this; Cali- people keep their jobs. Hopefully the cause of your vote today. TABLE 1: NEGATIVE EQUITY BY STATE*

Properties With a Mortgage Outstanding $ Outstanding Negative Equity Near** Negative Negative Equity Near** Negative Mortgage Debt Out- Loan-to- State Mortgages Mortgages Equity Mortgages Share Equity Share Total Property Value standing Net Homeowner Equity Value Ratio

Alabama ...... 340,665 35,610 19,188 10 .5% 5.6% 65,482,055,550 43,970,078,384 21,511,977,166 67% Alaska ...... 87,286 7,801 5,160 8.9 5.9 23,773,756,773 15,920,518,570 7,853,238,203 67 Arizona ...... 1,333,398 648,387 63,304 48.6 4.7 263,693,025,194 243,760,655,061 19,932,370,133 92 Arkansas ...... 238,011 27,580 14,360 11.6 6.0 37,303,484,103 27,450,225,612 9,853,258,491 74 California ...... 6,870,914 2,172,700 299,067 31 .6 4.4 2,864,273,476,858 2,008,766,937,342 855,506,539,516 70 Colorado ...... 1,125,434 221,097 91,187 19.6 8.1 301,289,945,528 217,120,459,818 84,169,485,710 72

VerDate Mar 15 2010 04:08 Mar 11, 2011 Jkt 099060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K10MR7.052 H10MRPT1 tjames on DSKG8SOYB1PROD with HOUSE March 10, 2011 CONGRESSIONAL RECORD — HOUSE H1689 TABLE 1: NEGATIVE EQUITY BY STATE*—Continued

Properties With a Mortgage Outstanding $ Outstanding Negative Equity Near** Negative Negative Equity Near** Negative Mortgage Debt Out- Loan-to- State Mortgages Mortgages Equity Mortgages Share Equity Share Total Property Value standing Net Homeowner Equity Value Ratio

Connecticut ...... 816,560 97,244 29,957 11 .9 3.7 294,814,146,661 171,517,175,208 123,296,971,453 58 Delaware ...... 179,322 23,906 8,937 13.3 5.0 47,059,588,802 31,949,546,484 15,110,042,318 68 Florida ...... 4,459,951 2,029,128 182,323 45.5 4.1 853,646,775,841 757,212,788,734 96,433,987,107 89 Georgia ...... 1,605,825 449,971 120,854 28.0 7.5 319,934,838,691 255,319,644,351 64,615,194,340 80 Hawaii ...... 229,600 24,664 8,280 10.7 3.6 117,791,198,842 65,339,432,694 52,451,766,148 55 Idaho ...... 243,589 61,566 12,927 25 .3 5.3 48,204,517,879 35,737,930,659 12,466,587,220 74 Illinois ...... 2,227,602 431,050 108,239 19 .4 4.9 534,999,520,161 377,625,407,977 157,374,112,184 71 Indiana ...... 603,484 68,196 28,936 11.3 4.8 91,672,823,585 64,195,877,062 27,476,946,523 70 Iowa ...... 334,689 28,976 14,366 8.7 4.3 51,019,867,858 34,150,823,254 16,869,044,604 67 Kansas ...... 295,839 32,787 16,284 11.1 5.5 53,431,665,604 37,737,206,158 15,694,459,446 71 Kentucky ...... 279,187 24,880 14,092 8.9 5.0 47,549,597,328 32,335,774,221 15,213,823,107 68 Louisiana ...... NA NA NA NA NA NA NA NA NA Maine ...... NA NA NA NA NA NA NA NA NA Maryland ...... 1,358,672 298,554 67,580 22.0 5.0 433,409,001,574 298,109,259,531 135,299,742,043 69 Massachusetts ...... 1,494,099 222,599 51,704 14.9 3.5 546,053,917,907 329,062,834,394 216,991,083,513 60 Michigan ...... 1,381,232 519,716 76,403 37.6 5.5 198,169,103,537 169,373,043,369 28,796,060,168 85 Minnesota ...... 554,535 90,090 27,608 16.2 5.0 124,901,317,584 81,787,965,185 43,113,352,399 65 Mississippi ...... NA NA NA NA NA NA NA NA NA Missouri ...... 779,328 122,543 44,131 15.7 5.7 137,735,363,892 98,445,466,785 39,289,897,107 71 Montana ...... 112,444 8,650 3,939 7 .7 3.5 28,244,797,730 16,968,913,610 11,275,884,120 60 Nebraska ...... 221,686 21,388 13,072 9.6 5.9 35,462,342,354 25,920,022,837 9,542,319,517 73 Nevada ...... 586,515 390,192 23,037 66.5 3.9 103,720,996,430 123,072,698,809 ¥19,351,702,379 119 New Hampshire...... 211,489 37,488 11,351 17.7 5.4 51,974,243,397 35,837,313,271 16,136,930,126 69 New Jersey ...... 1,882,603 286,293 78,230 15 .2 4.2 678,172,085,088 415,710,918,011 262,461,167,077 61 New Mexico...... 234,004 29,375 10,847 12.6 4.6 55,009,963,072 36,551,762,344 18,458,200,728 66 New York ...... 1,838,917 129,633 40,013 7.0 2.2 835,125,621,032 415,765,632,474 419,359,988,558 50 North Carolina...... 1,521,406 160,007 101,945 10.5 6.7 317,535,658,347 223,145,876,102 94,389,782,245 70 North Dakota...... 48,415 3,582 1,478 7 .4 3.1 8,291,290,055 4,967,349,459 3,323,940,596 60 Ohio ...... 2,204,754 441,379 137,601 20 .0 6.2 324,006,229,515 242,010,058,915 81,996,170,600 75 Oklahoma ...... 408,155 24,411 14,962 6.0 3.7 60,039,397,170 42,451,471,333 17,587,925,837 71 Oregon ...... 693,304 108,335 38,849 15.6 5.6 179,130,635,748 122,988,902,147 56,141,733,601 69 Pennsylvania ...... 1,794,563 132,805 58,312 7.4 3.2 401,020,775,572 248,939,681,403 152,081,094,169 62 Rhode Island...... 227,897 45,511 8,120 20 .0 3.6 64,414,910,589 39,693,719,643 24,721,190,946 62 South Carolina ...... 598,223 85,226 37,091 14.2 6.2 131,254,482,178 92,349,858,129 38,904,624,049 70 South Dakota...... NA NA NA NA NA NA NA NA NA Tennessee ...... 962,894 133,956 67,386 13.9 7.0 166,572,683,790 118,119,771,078 48,452,912,712 71 Texas ...... 3,286,505 367,954 194,944 11.2 5.9 602,239,776,419 418,772,404,728 183,467,371,691 70 Utah ...... 472,867 98,093 30,339 20 .7 6.4 114,775,697,922 84,499,611,037 30,276,086,885 74 Vermont ...... NA NA NA NA NA NA NA NA NA Virginia ...... 1,252,705 276,910 73,763 22.1 5.9 419,006,811,369 295,429,338,477 123,577,472,892 71 Washington ...... 1,407,416 209,577 75,920 14 .9 5.4 441,789,933,181 292,406,352,738 149,383,580,443 66 Washington, DC...... 100,340 15,240 4,513 15 .2 4.5 49,085,895,573 28,782,522,751 20,303,372,822 59 West Virginia ...... NA NA NA NA NA NA NA NA NA Wisconsin ...... 619,792 81,267 30,026 13 .1 4.8 120,246,415,775 80,769,544,053 39,476,871,722 67 Wyoming ...... NA NA NA NA NA NA NA NA NA Nation ...... 47,871,838 10,780,236 2,376,159 22.5 5.0 12,711,358,863,378 8,850,515,659,256 3,860,843,204,122 70 * This data only includes properties with a mortgage. Non-mortgaged properties are by definition not included. ** Defined as properties within 5% of being in a negative equity position. Source: CoreLogic. The data provided is for use only by the primary recipient or the primary recipient’s publication. This data may not be re-sold, republished or licensed to any other source, including publications and sources owned by the primary recipient’s parent company without prior written permission from CoreLogic. Any CoreLogic data used for publication or broadcast, in whole or in part, must be sourced as coming from CoreLogic, a real estate data and ana- lytics company. For questions, analysis or interpretation of the data contact Lori Guyton at [email protected] or Bill Campbell at [email protected]. Data provided may not be modified without the prior written permission of CoreLogic. Do not use the data in any unlawful manner. This data is compiled from public records, contributory databases and proprietary analytics, and its accuracy is dependent upon these sources.

Ms. JACKSON LEE of Texas. Mr. 3 days.’’ These are the faces of individ- make FHA work better if that is the Chairman, I move to strike the last uals who probably would have fared case. word. better under FHA. But the nonsensical plan of elimi- The CHAIR. The gentlewoman from At the same time, a law enforcement, nating it, not helping the underwater Texas is recognized for 5 minutes. a police officer came to me and said mortgagees, the individuals who have Ms. JACKSON LEE of Texas. I am the very same thing, naming an insti- these mortgages, with homes that are very sorry that Congresswoman tution that I had never heard of, had no distressed, with mortgages that are MALONEY’s amendment was subject to national standing, some fly-by-night. worth more than the homes—we know a point of order. I would like to simply Here is a law enforcement officer, a there are many communities like this, add that you need to put faces on what local police officer putting his life on and my colleague mentioned some, but this legislation is doing. It is a simple the line every day, and he needed to let me cite three States again because act. It guts and eliminates all remain- sell his home. He had managed to find it’s so enormous, and we have heard so ing funding. It does say that if you are a buyer. He had communicated that to much from them: Florida, 2 million; in the midst of the program you might the bank. But lo and behold, the lowlife California, 2 million; Nevada, 390,000. continue. thing to do was what this financial in- They are still in distress. But everyone knows how solid FHA Everyone knows that the housing stitution did. And I would call it not a is. Whenever you hear FHA, you know market has a lot to do with this econ- that there is a framework that really bank, but probably a mortgage entity. omy. And even without the help of my provides for protection for the Federal They took the house right from under- good friends on the other side of the Government and a fiscally responsible neath a man that goes out every day aisle, we still saw the unemployment program that provides the Federal and projects himself into the commu- go down and 192,000 jobs created. But I Government with protection for those nity and could lay his life on the line. can tell you that this does nothing to who are able to utilize it. I am against H.R. 830 and H.R. 836. It create jobs. It simply puts Americans But even traveling through airports, doesn’t make sense when we’ve got out on the street. It devastates fami- Mr. Chairman, I had a man with a fam- hundreds of thousands of individuals lies. And who knows, with the lack of ily who indicated that in the midst of who are in need of this program. I will sales of homes and remodification or the holiday season, even though he had venture to say that if a program needs modification of these, it puts people been told by the banking institution fixing, have we ever heard of fix it, out of work, not in work. that his mortgage was intact, they don’t end it? Mend it, don’t end it? Of So I argue vigorously, a little too would allow him to continue to pay, he course it is always important to do due late on the gentlelady’s amendment, was keeping up but having difficulty diligence and have oversight over these but I want to thank her for her astute- looking for modification, a few days programs. But I would think that the ness, carefully defining what impact into the new year, January 6, he was Financial Services Committee, under this bill would have. And it’s unfortu- foreclosed on, and a few days later, or our past chairman and now the ranking nate that the good work of FHA that at least on that day foreclosed with a member, working with the chairman requires documentation, a current job, sign or a notice on his door, ‘‘Vacate in now, could come up with the genius to a decent salary, all that is needed is

VerDate Mar 15 2010 04:42 Mar 11, 2011 Jkt 099060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\A10MR7.037 H10MRPT1 tjames on DSKG8SOYB1PROD with HOUSE H1690 CONGRESSIONAL RECORD — HOUSE March 10, 2011 now thrown to the wolves with no has increased by 24 percent. The rate of from the great State of Pennsylvania other plan. So we go home, and con- growth is simply unsustainable. that there are over 132,000 homes that stituents will ask us about modifica- Despite the record pace of new spend- are underwater now that could benefit tion or the viability of FHA, which has ing over the last 2 years, that spending from this program, and urge my col- been in place for a long period of time. continues today. Just this week, Mr. leagues to support the program. All we have to do is give them our Chairman, we learned that the Federal The Acting CHAIR. The question is empty hands and our blank face, say- deficit for the month of February 2011 on the amendment offered by the gen- ing obviously greater minds than you, was the highest ever, and exceeded the tleman from Pennsylvania (Mr. who knew this was a good program, de- deficit for the entire fiscal year 2007, FITZPATRICK). cided to eliminate it with no substitute $233 billion, Mr. Chairman, the biggest The amendment was agreed to. in place. monthly deficit in the history of our b 1400 So Mr. Chairman, let me conclude by country. The Acting CHAIR. The Clerk will simply saying to the hundreds of thou- Over the past decade, we have seen designate section 3. the excesses and unsustainable growth sands of borrowers, have faith, because The text of section 3 is as follows: this is only the first step. We know this in sectors of our economy that can have disastrous effects across the en- SEC. 3. TERMINATION OF FHA REFINANCE PRO- is wrongheaded, the wrong direction. GRAM. Thank goodness for the Founding Fa- tire economy. Unless we take dramatic (a) TERMINATION OF MORTGAGEE LETTER.— thers that gave us the House and the action now, the tax burden placed on The Mortgagee Letter referred to in section 2 Senate and a President. I can be as- small businesses and families in my shall be void and have no effect and the Sec- sured that this legislation, I hope, is own Bucks County and across the Na- retary of Housing and Urban Development may destined for a route of no return. tion will outpace our ability to pay, not issue any regulation, order, notice, or mort- gagee letter based on or substantially similar to ANNOUNCEMENT BY THE CHAIR killing jobs and straining family budg- ets. such Mortgagee Letter. The CHAIR. The Chair would remind (b) TREATMENT OF REMAINING FUNDS.—Not- the gentlewoman to direct her com- Just as troubling is the fact that the withstanding subsection (a) of this section, any ments to the Chair, and not the view- money our government is using to feed amounts made available for use under the Pro- ing public. today’s spending is being borrowed gram referred to in section 2 of this Act and ex- The Clerk will designate section 2. from future generations, much of it pended before the date of the enactment of this The text of section 2 is as follows: borrowed from foreign Nations. The Act shall continue to be governed by the Mort- sheer amount of cash owed to foreign gagee Letter specified in subsection (a) of this SEC. 2. RESCISSION OF FUNDING FOR FHA REFI- section, and any other provisions of law, regula- NANCE PROGRAM. powers led the chairman of the Joint Chiefs of Staff, Admiral Michael tions, orders, and notices, applicable to such Effective on the date of the enactment of this amounts, as in effect immediately before such Act, there are rescinded and permanently can- Mullen, last year to declare the deficit date of enactment. celed all unexpended balances remaining avail- as the number one security threat fac- (c) TERMINATION.—After the enactment of this able as of such date of enactment of the ing our Nation. Reduce the debt. Act, the Secretary of Housing and Urban Devel- amounts made available under title I of the I ask my colleagues to support the opment may not newly insure any mortgage Emergency Economic Stabilization Act (Public amendment, support the underlying under the FHA Refinance Program referred to Law 110–343; 12 U.S.C. 5211 et seq.) that have bill. in section 2 of this Act except pursuant to a been allocated for use under the FHA Refinance commitment to insure made before such enact- Program (pursuant to Mortgagee Letter 2010–23 I yield back the balance of my time. Mr. FRANK of Massachusetts. Mr. ment, and upon the completion of all activities of the Secretary of Housing and Urban Develop- with respect to such commitments under the pro- ment) of the Making Home Affordable initiative Chairman, I move to strike the last visions of law, regulations, orders, notices, and of the Secretary of the Treasury. word. mortgagee letters referred to in subsection (b) of AMENDMENT NO. 11 OFFERED BY MR. The CHAIR. The gentleman from this section, the Secretary of Housing and FITZPATRICK Massachusetts is recognized for 5 min- Urban Development shall terminate the FHA Mr. FITZPATRICK. Mr. Chairman, I utes. Refinance Program referred to in section 2. have an amendment at the desk made Mr. FRANK of Massachusetts. First, (d) STUDY OF USE OF PROGRAM BY MEMBERS OF THE ARMED FORCES, VETERANS, AND GOLD in order under the rule. I would repeat that I am glad to hear the support for Admiral Mullen—ear- STAR RECIPIENTS.— The CHAIR. The Clerk will designate (1) STUDY.—The Secretary of Housing and the amendment. lier we heard of Secretary Gates—in Urban Development shall conduct a study to de- The text of the amendment is as fol- their warning about the deficit. I just termine the extent of usage of the FHA Refi- lows: wish that all of those who were accept- nance Program referred to in section 2 by, and Page 5, line 12, after the period insert the ing their warning on the deficit would the impact of such program on, covered home- following: ‘‘All such unexpended balances so refrain from forcing money on them owners. (2) REPORT.—Not later than the expiration of rescinded and permanently canceled shall be that they don’t want. We have people the 90-day period beginning on the date of the retained in the General Fund of the Treasury citing the military leadership and then enactment of this Act, the Secretary shall sub- for reducing the debt of the Federal Govern- voting for weapons systems, swelling mit to the Congress a report setting forth the re- ment.’’. an already swollen military budget, sults of the study under paragraph (1) and iden- The CHAIR. The gentleman from that they don’t want. tifying best practices, with respect to covered Pennsylvania is recognized for 5 min- As to this amendment, I am tempted homeowners, that could be applied to the FHA utes in support of his amendment. to come to the defense of the drafters Refinance Program. Mr. FITZPATRICK. Mr. Chairman, I of the bill, because if you read the bill, (3) COVERED HOMEOWNER.—For purposes of want to thank my colleague from Illi- the bill purports to do what the amend- this subsection, the term ‘‘covered homeowner’’ means a homeowner who is— nois (Mr. DOLD) for introducing this ment purports to do. Apparently the (A) a member of the Armed Forces of the legislation to end a failed Federal pro- author of the amendment didn’t think United States on active duty or the spouse or gram, the FHA Refinance Program. the bill did a good enough job, or some- parent of such a member; This amendment ensures that the sav- body thought the author of the amend- (B) a veteran, as such term is defined in sec- ings realized from ending this program ment, being a nice fellow, ought to get tion 101 of title 38, United States Code; or go directly to debt reduction. in on the credit. So this is an amend- (C) eligible to receive a Gold Star lapel pin Last month, Mr. Chairman, this under section 1126 of title 10, United States ment that is either editorial refine- Code, as a widow, parent, or next of kin of a Chamber began a process of examining ment or political redundancy. In either member of the Armed Forces person who died in the Federal budget line by line, asking case, it does not have much effect; so I a manner described in subsection (a) of such tough questions and making tough de- urge the Members to adopt it. section. cisions on Federal spending. While our Mrs. MALONEY. Madam Chairman, I AMENDMENT NO. 3 OFFERED BY MR. LYNCH work was substantial, it is also con- move to strike the last word. Mr. LYNCH. Madam Chair, I have an tinuing. In order to encourage eco- The Acting CHAIR (Mrs. MILLER of amendment at the desk. nomic growth and job creation, the Michigan). The gentlewoman from New The Acting CHAIR. The Clerk will Federal debt is and must remain public York is recognized for 5 minutes. designate the amendment. enemy number one. Over the past 2 Mrs. MALONEY. I would just like to The text of the amendment is as fol- years, Federal discretionary spending point out to Congressman FITZPATRICK lows:

VerDate Mar 15 2010 04:08 Mar 11, 2011 Jkt 099060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K10MR7.044 H10MRPT1 tjames on DSKG8SOYB1PROD with HOUSE March 10, 2011 CONGRESSIONAL RECORD — HOUSE H1691 Page 5, strike lines 14 through 19. That creates a problem. That stops questionable ways. I think that the Page 5, line 20, strike ‘‘(b)’’ and insert the FHA from doing a lot of the other program is similar in scope to the ‘‘(a)’’. Page 5, lines 20 and 21, strike ‘‘Notwith- work that both sides agree needs to be failed HOPE for Homeowners program standing subsection (a) of this section, any’’ done. We are talking about voluntary established under FHA in 2008, and and insert ‘‘Any’’. agreements where the bank and the even that program has helped fewer Page 5, line 25, strike ‘‘specified in sub- servicer and the homeowner agree. Ba- than 200 borrowers since its inception. section (a) of this section’’ and insert ‘‘speci- sically, that would be stopped by this So we are concerned that the method fied in section 2’’. legislation. So I’m not trying to undo of funding for this program exposes Page 6, line 3, strike ‘‘(c)’’ and insert ‘‘(b)’’. taxpayers to higher levels of TARP Page 6, lines 10 and 11, strike ‘‘subsection the targeted work that you’re trying to (b)’’ and insert ‘‘subsection (a)’’. do. I’m just trying to let the FHA do money. I don’t think that it affects Page 6, line 14, strike ‘‘(d)’’ and insert its job in general. FHA other than that this program is ‘‘(c)’’. I also want to remind the gentle- terminated. This program, along with The Acting CHAIR. The gentleman woman from Illinois that the FHA, by its companion programs and the failed from Massachusetts is recognized for 5 itself, cannot recreate the finance pro- HAMP program, should be terminated, minutes. gram through a mortgagee letter. It and all unobligated funds associated Mr. LYNCH. Thank you, Madam can only do so if it is legislation that with the program should instead be Chair. is clearly underlying its action. All the used to pay down the Nation’s I want to, first of all, clarify what mortgagee letters must go through de- unsustainable debt. I would oppose the this bill is intending to do. The goal of partmental clearance and must be amendment. the bill by my colleagues is to end the viewed by OMB before they become of- I yield back the balance of my time. FHA Refinance Program. While I do ficial guidance. So I am asking that Mr. FRANK of Massachusetts. support voluntary workouts—and I this amendment be accepted to clarify Madam Chair, I move to strike the last think that’s the best way to approach the action of the bill, itself. word. The Acting CHAIR. The gentleman is the problem—I want to point out that I yield back the balance of my time. recognized for 5 minutes. the bill as it is written does not allow Mrs. BIGGERT. Madam Chairman, I Mr. FRANK of Massachusetts. that to be accomplished by the FHA. rise in opposition to the amendment. Madam Chair, I regret the fact that my The Acting CHAIR. The gentlewoman Not only does the bill eliminate the colleague from Massachusetts, who is a from Illinois is recognized for 5 min- targeted programs that have been iden- good lawyer and a careful student of utes. tified, but it also, in its breadth, elimi- what we do, has drafted a very specific Mrs. BIGGERT. This amendment nates the possibility of any voluntary amendment aimed at a particular came up in committee and failed dur- agreements outside this program. point. He has been answered with a lot ing our committee markup by a vote of That’s what my amendment would of general rhetoric, and I don’t think 33–22. The amendment removes all ref- seek to address. his point was understood. The gentle- erences to the mortgagee letter issued I do know that the CQ House Action woman simply repeated general rhet- by HUD concerning the FHA Refinance Report indicated that I was amending oric about the bill. section 2. However, I want to make Program, and I think that this an- He is not trying by the back door to sure that they understand that the lan- nouncement was the defining document reestablish this program. He has talked guage my amendment addresses is sec- for the program and provided guidance to thoughtful people, and is worried tion 3: Termination of FHA Refinance to lenders on the FHA Refinance Pro- about an overreach. I think the only Program. gram. thing we’re seeing now is pride of au- Basically, to understand it, what this I think our concern is that the thorship by whoever drafted this bill amendment would do is: The FHA fa- amendment leaves the door open for for them. The gentlewoman from Illi- cilitates mortgage workouts and other the Treasury and for HUD to at a later nois is, as I said, using a lot of general actions under its purview through date create another substantially simi- rhetoric, which is totally unresponsive mortgagee letters. These are written lar program to the FHA Refinance Pro- to the very specific point my friend guidances to mortgagees, lenders, gram, again, without the express con- from Massachusetts made. HUD-approved counselors and apprais- sent of Congress. With that, in the hope that if he says ers—essentially, anyone who is ac- As the sponsor of the bill mentioned, it again he might get them to pay at- tively providing services on behalf of this program was never authorized by tention to the specifics, I yield to my or with the permission of HUD. Similar Congress. The funding came from the friend, the gentleman from Massachu- guidance is done for other HUD pro- TARP moneys that were set aside for setts (Mr. LYNCH). grams. the HAMP program, and the mortgagee Mr. LYNCH. Madam Chair, look, I Administrative law dictates that the letter was effectively the authorizing will concede that the gentlelady from agencies can issue administrative guid- document for the program. If this were Illinois has raised a lot of good points. ance that interprets statutes and regu- to be in, there would be no nullifica- Unfortunately, none of them are rel- lations that we adopt, and it requires tion of the program; it wouldn’t be ter- evant to my amendment. If you look at public notice and comment, and must minated. This mortgagee letter speaks section 2, which is what you just be based on an authorizing statute. The directly to this program, and I don’t talked about, that remains intact. FHA’s guidance for lenders comes in think that it affects the other parts of That remains intact. the form of handbooks and these mort- the FHA. It really just voids the letter, f gagee letters, which essentially provide in doing so, to end the program. periodic advice and clarification while We don’t need to further burden the b 1410 we are trying to do these voluntary FHA with this program. An FHA pro- Basically, what you have done on the agreements. Last year, the FHA issued gram right now is currently operating bill is it says: effective on the date of 43 separate versions of this mortgagee below its congressionally mandated 2 the act there are rescinded and perma- letter. So far this year, it has issued percent capital reserve ratio, and this nently canceled all unexpended bal- about 14. program has the potential to further ances remaining available as of such My amendment would strike the text expose taxpayers to FHA losses. Even date of enactment of the amounts that I believe and that the FHA be- the administration has expressed con- made available under title I of the lieves would interfere with the rest of cerns over the new program loan per- Emergency Economic Stabilization the work that the FHA is doing in its formance. During testimony delivered Act. So you have cut out the top and operation. These are not areas targeted to the Financial Services Committee, you say it can’t be used for mortgages, by the bill by the gentlewoman from Il- the FHA Commissioner testified ‘‘these and I left that language alone. linois. The bill provides that anything loans may perform worse than refi- But then in that section you identify, substantially similar to what they nanced loans that were not previously specifically, mortgage letter 2010–23. have prohibited in section 2, which is a under water.’’ And you say, nothing can be used for mortgagee letter titled 2010–23, would This is another example of the ad- that. I am not trying to turn over that also be prohibited. ministration’s using TARP dollars in apple cart.

VerDate Mar 15 2010 04:08 Mar 11, 2011 Jkt 099060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\A10MR7.003 H10MRPT1 tjames on DSKG8SOYB1PROD with HOUSE H1692 CONGRESSIONAL RECORD — HOUSE March 10, 2011 However, when you go to section 3, eliminated. That’s the problem, that This conversation led me to intro- you say that the Secretary of Housing you are taking the ability of the FHA duce legislation last year, which actu- and Urban Development may not issue to work out voluntary agreements ally passed the House last fall, that di- any regulation, any order, any notice, that, I think on the merits, for the peo- rected the appropriate agencies to take or any mortgage letter based on, or ple in your district you would like to into account and consideration the spe- substantially similar to, such mort- see occur, that are in good faith and cial circumstances of wounded service- gage letter referred to above. Okay, so that are affecting homeowners. members and widows of fallen soldiers what you are saying is no notice, no or- The Acting CHAIR. The time of the and their families in housing programs. ders, no mortgage letters, no commu- gentleman has expired. Along those lines, this amendment nications on voluntary agreements be- Mrs. MALONEY. I move to strike the and my amendment today would add tween the bank, the lender, the last word. military servicemembers and veterans servicer and the homeowner. So you The Acting CHAIR. The gentlewoman who have service-related injuries, as are prohibiting FHA from working out from New York is recognized for 5 min- well as survivors and dependents of a voluntary agreement with any of utes. such individuals, to be included in the your constituents. Mrs. MALONEY. Congresswoman study on the use of the FHA refinance Mr. FRANK of Massachusetts. Re- BIGGERT, do you know how many un- program. claiming my time, the problem is the derwater mortgages there are in your These families do face, often, new ambiguity is substantially similar. It home State? hardships. They may need modification kills this program, but it bans things Mrs. BIGGERT. No, I don’t. to their houses if the servicemember is that would be substantially similar so The Acting CHAIR. The gentlewoman now in a wheelchair. They may have that innovator private sector entities from New York is advised to address significant changes in their ability to trying to do something would be de- her remarks through the Chair. move around, as well as the skills they Mrs. MALONEY. Reclaiming my terred because no one could tell them are able to perform, which could have a time, there are 431,000 mortgages that what substantially similar is. significant impact on their livelihood. I yield to the gentleman from Massa- are underwater in the great State of Il- It’s my hope, Madam Chair, through chusetts. linois where the residents would be eli- this amendment we can get a better Mr. LYNCH. Well, let me just say gible to participate in this program understanding of how we can best pro- this: The idea here, it’s a two-step that the Republican majority is voting vide for these families who have made problem. One, the gentlewoman’s bill to terminate. that service and sacrifice. I urge adop- would seek to eliminate voluntary I yield back the balance of my time. tion of the amendment. The Acting CHAIR. The question is agreements. Okay, so that’s a problem. I yield back the balance of my time. on the amendment offered by the gen- So we are asking the FHA and the Mr. FRANK of Massachusetts. tleman from Massachusetts (Mr. homeowner and the lender and the Madam Chair, I move to strike the last LYNCH). word. servicer all to agree that this mortgage The question was taken; and the Act- should be modified and that the home- The Acting CHAIR. The gentleman ing Chair announced that the noes ap- from Massachusetts is recognized for 5 owner should be allowed to remain in peared to have it. their home, which is a good thing. But minutes. Mr. FRANK of Massachusetts. Mr. FRANK of Massachusetts. for some reason you don’t want any of Madam Chair, I demand a recorded Madam Chair, the gentleman from that, so you are eliminating all four of vote. Texas (Mr. AL GREEN) in the com- those programs. That’s a problem. The Acting CHAIR. Pursuant to mittee offered amendments that would The underlying problem that we have clause 6 of rule XVIII, further pro- have provided some substantive protec- here specific to this language is com- ceedings on the amendment offered by tion to veterans. pounded by the fact that you are elimi- the gentleman from Massachusetts will My Republican colleagues neither nating all voluntary agreements, not be postponed. wanted to provide help to the veterans only the ones that you seek to elimi- AMENDMENT NO. 4 OFFERED BY MR. PAULSEN nor be caught not providing the help. nate in these four voluntary programs. Mr. PAULSEN. Madam Chair, I have So they came up with some study Mr. FRANK of Massachusetts. I yield an amendment at the desk. amendments that would give them the at this point to the gentlewoman from The Acting CHAIR. The Clerk will appearance of being concerned, but no Illinois (Mrs. BIGGERT) to respond. designate the amendment. reality. That was, unfortunately, Mrs. BIGGERT. Thank you. I think The text of the amendment is as fol- adopted over Mr. GREEN’s objections what we are doing here is to terminate lows: and mine, but it’s part of the bill. the mortgage letter which sets up the Page 6, line 15, strike ‘‘AND’’. This is in addition to what is largely program and to make sure that there Page 6, line 16, before the period insert the a cosmetic amendment, and I see no won’t be a substantially similar letter. following: ‘‘, AND MEMBERS AND VETERANS reason to object to it or prolong the de- Mr. FRANK of Massachusetts. Re- WITH SERVICE-CONNECTED DISABILITIES AND bate, so I urge everybody to vote for it. claiming my time, because the gentle- THEIR FAMILIES’’. Page 7, line 11, strike ‘‘or’’. I yield back the balance of my time. woman is simply not responding, we Mrs. MALONEY. I move to strike the have the same general rhetoric. Page 7, line 17, strike the period and insert ‘‘; or’’. last word. The point, as my friend has pointed Page 7, after line 17, insert the following: The Acting CHAIR. The gentlewoman out, is you were introducing an ambi- (D) such members and veterans of the from New York is recognized for 5 min- guity which is substantially similar so Armed Forces who have service-connected utes. that people will be deterred from fur- injuries, and survivors and dependents of Mrs. MALONEY. Congressman ther innovator activities. such members and veterans of the Armed PAULSEN—— I yield again to my friend from Mas- Forces with such injuries. The Acting CHAIR. The gentlewoman sachusetts. The Acting CHAIR. The gentleman is advised to direct her remarks to the Mr. LYNCH. Thank you. from Minnesota is recognized for 5 min- Chair. Madam Chair, the funding authoriza- utes. Mrs. MALONEY. I would like to in- tion you have already deleted in sec- Mr. PAULSEN. Madam Chair, last quire from Congressman PAULSEN if he tion 2. So there is no funds and there is summer I met with a woman whose is aware of how many mortgages are no authorization for FHA to issue a husband, who was born and raised in underwater in his home State, the letter in connection with a program Eden Prairie, Minnesota, had died in great State of Minnesota. that no longer exists. So you have Afghanistan; and we discussed issues I yield to the gentleman from Min- eliminated that. that she was facing as the widow of a nesota. But when you are going further, sec- servicemember. One of the concerns Mr. PAULSEN. Congresswoman, I am tion 3 is saying, and we don’t want you she raised was absolutely paying her not aware of the exact number. The even; we don’t want you issuing a let- mortgage, given all the changes and amendment applies, actually, for addi- ter or a notice or an order that is sub- stresses that had taken place in her tion to the study. But I would be happy stantially similar to the one we just life. if you would share that information.

VerDate Mar 15 2010 04:08 Mar 11, 2011 Jkt 099060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K10MR7.053 H10MRPT1 tjames on DSKG8SOYB1PROD with HOUSE March 10, 2011 CONGRESSIONAL RECORD — HOUSE H1693 Mrs. MALONEY. Reclaiming my immediately before the enactment of this Americans to be hanging out there time, I would like to point out to the Act. without a lifeline. My amendment gentleman from Minnesota that there b 1420 would do that. And I would commend it are over 90,000 homes, 90,000 home- to my fellows. Mrs. BIGGERT. I reserve a point of owners who are underwater in the POINT OF ORDER order against this amendment. great State of Minnesota and that Mrs. BIGGERT. Madam Chairman, I could benefit if they meet the criteria The Acting CHAIR. A point of order is reserved. make a point of order against the in this important program that the Re- amendment because in my opinion it publican majority is urging to be The gentleman from Washington is recognized for 5 minutes. violates clause 7 of rule XVI, which re- eliminated today. quires that an amendment be germane I yield back the balance of my time. Mr. INSLEE. Madam Chair, we know how dire the situation is for tens of to the matter it’s amending. The Acting CHAIR. The question is The Acting CHAIR. Does any Member thousands of Americans with under- on the amendment offered by the gen- wish to be heard on the point of order? water mortgages who are making good tleman from Minnesota (Mr. PAULSEN). The Chair recognizes the gentleman faith efforts to make the right deci- The amendment was agreed to. from Washington. sions both for themselves and for the AMENDMENT NO. 12 OFFERED BY MR. INSLEE Mr. INSLEE. Thank you. lender. And we are very concerned that Mr. INSLEE. I have an amendment Briefly, I would hope that the Chair if this program prematurely is de- would consider a couple of salient at the desk. stroyed, we will be yanking back a life- The Acting CHAIR. The Clerk will points. Number one, it is our intent, line that Congress has sent to these and I believe universal intent, that by designate the amendment. folks. And, of course, this is important The text of the amendment is as fol- this amendment we don’t intend to because it’s not just the people who change the basic nature of this pro- lows: own these homes that are underwater Page 6, line 16, before the period insert gram. It does apply this benefit to right now that are affected by the col- those homeowners who are current on ‘‘AND REPLACEMENT PROGRAM’’. lapse in housing values, but all of us Page 6, line 19, before ‘‘the extent’’ insert their mortgage obligations. We would are because that housing debacle has ‘‘(A)’’. intend that that standard and condi- Page 6, line 20, after ‘‘section 2’’ insert ‘‘, affected employment in the construc- tion would continue. including’’. tion trades and in the real estate in- And I would point out to the Chair Page 6, line 21, before the period insert the dustry broadly. We all have a stake in the language of our amendment specifi- following: ‘‘, and (B) the need, and appro- this issue. cally says that this program would priate guidelines and standards for, a mort- So what my amendment would do is gage insurance program of the Secretary only be carried out under ‘‘appropriate to basically say that we want the FHA, guidelines and standards.’’ We think that (i) provides for loan modification in- if, in fact, this situation moves forward volving a write-down of the remaining prin- this solves that problem. We seek our cipal balance on existing mortgages on 1- to like this bill is, that they will conduct congressional intent to continue. We 4-family residences under which such prin- a study and essentially implement a hope that the Members will be able to cipal balance exceeds the appraised value of substitute program that will fix any- be heard on this. the mortgaged residence, and (ii) serves the thing that needs fixing in this program The Acting CHAIR. Does any other needs of covered homeowners with such to achieve the ends that we ought to be Member wish to be heard on the point mortgages’’. able to have as our goal. of order? If not, the Chair is prepared Page 7, line 1, after ‘‘paragraph (1)’’ insert Now, the basic underlying theory of to rule. the following: ‘‘, setting forth the Sec- our amendment is simple. Before you retary’s determination of the need for, and The gentlewoman from Illinois the appropriate guidelines and standards for, take away a lifeline from some Amer- makes the point of order that the the mortgage insurance program determined ican to solve a problem that thousands amendment offered by the gentleman pursuant to paragraph (1)(B),’’. are experiencing, come up with a sub- from Washington is not germane. Page 7, line 1, after ‘‘best practices,’’ insert stitute, come up with an improvement, The bill addresses repeal of a Federal ‘‘including’’. come up with an alternative. And Housing Administration program that Page 7, line 3, before the period insert the that’s what our amendment simply provides for refinancing of a specified following: ‘‘and to the mortgage insurance says. If we’re going to eliminate this set of mortgages. program identified and described pursuant to program in its current embodiment, paragraph (1)(B)’’. One of the fundamental principles of Page 7, after line 17, add the following: let’s come up with an alternative and germaneness is that the amendment (4) IMPLEMENTATION.—Upon the expiration have it implemented in a way that we must relate to the subject matter of of the 90-day period beginning upon the sub- keep this lifeline out there. the underlying bill. The bill is confined mission to the Congress of the report re- Now, the reason we feel that this is to a specific type of refinancing pro- quired under paragraph (2), the Secretary of important is that all too frequently in gram. The amendment seeks to address Housing and Urban Development shall imple- this Congress we have seen the major- a different type of refinancing pro- ment the mortgage insurance program de- ity party remove these solutions to gram, a matter outside the ambit of scribed in such report pursuant to paragraph programs and not replace it with an al- (1)(B) through issuance of appropriate guide- the bill. lines and standards set forth in the report. ternative. We’ve seen this in health The amendment is therefore not ger- care, where they have wanted to re- mane. The point of order is sustained. At the end of the bill, add the following move a health care program arguing Mr. LEWIS of Georgia. Madam Chair, new section: it’s ineffective or they think they have I move to strike the last word. SEC. 4. STUDY OF BORROWERS OTHERWISE ELI- a better program but not come up with The Acting CHAIR. The gentleman is GIBLE FOR FHA REFINANCE PRO- a substitute to replace it. That’s not recognized for 5 minutes. GRAM. good enough. Americans deserve bet- Mr. LEWIS of Georgia. Madam Chair, Not later than the expiration of the 90-day ter. I rise today for each and every person period beginning on the date of the enact- The same thing with the Environ- who owns a home. I rise today for ment of this Act, the Secretary of Housing and Urban Development shall conduct a mental Protection Agency. Today, my every American who has struggled to study, and submit to the Congress a report friends in the majority party sought in pay their mortgage each month. I rise regarding the results of such study, to deter- the Energy and Commerce Committee for every person who has watched their mine the effects that authorizing bank- to eliminate protection against air- home, their piece of the American ruptcy courts, in bankruptcy proceedings borne pollutants that are hurting Dream, slip away because they lost under chapter 13 of title 11, United States human health, but they did not come their job through no fault of their own Code, to reduce the debt secured by a mort- up with any alternative to solve that or because they got cancer and are no gage on the principal residence of a debtor problem. longer able to work and pay their med- would have on mortgagors who, but for ter- mination of the FHA Refinance Program Now, we want to join in a bipartisan ical bills. under this Act, would have qualified for refi- fashion, if there are impediments or I rise to condemn what these bills are nancing of a mortgage under such Program, imperfections in this bill, to come up trying to do today. Make no mistake; under the terms of such Program as in effect with a solution. Let’s not allow those repealing these programs will close the

VerDate Mar 15 2010 04:11 Mar 11, 2011 Jkt 099060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K10MR7.055 H10MRPT1 tjames on DSKG8SOYB1PROD with HOUSE H1694 CONGRESSIONAL RECORD — HOUSE March 10, 2011 door on the American Dream for more the Secretary of Housing and Urban Develop- er loans, no documentation loans, liar and more Americans. ment shall, in consultation with the Sec- loans, loans that reset. People were en- Madam Chair, when I was a young retary of the Treasury, conduct a study on couraged to sign up for mortgages that boy, my family did not own a home. the negative impacts of underwater mort- they did not understand. gage loans on the housing market and the Now we have millions of Americans, My father was a sharecropper. My economy of the United States and report to mother and father had to ‘‘go without’’ the Congress on the findings of such study, really through no fault of their own, for years. They saved and they saved. including recommendations to the Congress and I have said it once and I will say it They prayed. They waited. My father on how to mitigate such impacts. again: That all of a sudden homeowners could never get a mortgage. Mortgages (b) UNDERWATER MORTGAGE DEFINED.—For didn’t decide that they were going to were not available where we lived. purposes of this section, the term ‘‘under- default, that somehow they weren’t They were not available for families water mortgage’’ means a mortgage loan on going to pay their bills. It certainly like mine. It’s just the way it was. an owner-occupied residential property that didn’t happen like that. It happened be- has an appraised value that is less than the cause of what I just alluded to, all of In 1944, my parents bought a house outstanding obligation under such mortgage with three rooms and 110 acres outside the tricks and the fraud that were per- loan. petrated on American homeowners who of a small town called Troy in rural Mrs. BIGGERT. Madam Chairman, I Alabama. It cost us $300. I couldn’t were simply trying to live the Amer- reserve a point of order against this ican dream. imagine that much money changing amendment. hands at once. I look around this We don’t have the numbers in com- The Acting CHAIR. A point of order mittee any more or on this floor. My Chamber, and I see some suits in this is reserved. friends on the opposite side of the aisle room that cost much more than what The gentlewoman from California is are in control. They have the majority, my father paid. Up until the time she recognized for 5 minutes. and they are going to eliminate the died, my mother spoke about the day Ms. WATERS. Madam Chair, my programs. We have made every argu- we moved in. How proud she was. It amendment would mandate that the ment possible that you can make in was a huge achievement for us. It Secretary of Housing and Urban Devel- committee to try and hold on to these changed everything. That house, that opment and the Secretary of the Treas- programs. As you have seen on the land, it was ours. Ours. ury conduct a study on the negative floor today, we have the gentlelady Looking back, I can’t imagine what impacts of underwater mortgage loans, from New York reminding them how it would have been like to have lost it or loans where the borrower owes more many homes they have underwater. all for reasons beyond my father’s con- than the house is worth, on the housing And, of course, they know because they trol—the harvest or the weather or be- market and the economy of the United are getting the calls, just as we are cause it would fix someone else’s bot- States and report those findings to getting the calls, from homeowners tom line. Congress. Importantly, the report begging for assistance. So while we Madam Chair, I know that buying a would also include recommendations to won’t be able to stop them, I’m trying house is the biggest decision most peo- Congress on how to mitigate the effects to make sure that at least we do this ple will ever make, and it is the great- of these underwater mortgages. study so we can help bring to light est source of pride. For most people, b 1430 what has taken place and how these their dream is their house. It was for underwater mortgages pose a severe me. When I bought my house, I thought Before I go any further talking about threat to our economy. of my mother and my father. His house these underwater mortgages, I think it If you owe more than your home is made it possible for me to buy mine. is extremely important for me to help worth, you can’t pick up and move if This American Dream is built from everyone understand that my friends you get a new job. You’re stuck. That hard work. But that dream is also on the opposite side of the aisle are impedes our economic recovery. Like- made of bricks and mortar. It’s a moving to eliminate all of the pro- wise, you can’t move if you want to go house, Madam Chair. It is a home. And grams that we have worked so hard to attend school somewhere. And you this Chamber is shutting the door on develop; good, strong public policy to can’t move in order to care for an el- that house. They’re locking the door assist homeowners of America in a derly parent. on the American Dream. These two number of ways. The chief economist for First Amer- bills today would end two new pro- They are eliminating this FHA pro- ican CoreLogic noted last month that grams that are helping struggling gram that will assist with refinance on negative equity is a significant drag on homeowners who have lost their job homes that are underwater. They are both the housing market and on eco- through no fault of their own. To me, it eliminating the HAMP program that nomic growth. It is driving foreclosures is unthinkable. we are going to hear more about. They and decreasing mobility for millions of Madam Chair, I strongly oppose H.R. are eliminating the neighborhood sta- homeowners. Since we expect home 836 and H.R. 830. We must stand up for bilization program, commonly referred prices to slightly increase during 2010, the American homeowner. We must to as NSP. And they are eliminating negative equity will remain the domi- stand in their corner. We must not the program for homeowners who find nant issue in the housing and mortgage walk away from them in their time of themselves out of a job who would be markets for some time to come. The need. able to borrow and, of course, to pay FHA refinance program is a modest I urge all of my colleagues to stand back the money that is loaned to step to address the problem of under- with me and defeat these bills. Don’t them—they cannot afford to pay their water mortgages. This program would lock the door on the American Dream. mortgages because of the loss of their provide that if banks agree to at least The Acting CHAIR. Are there any job. a 10 percent principal write-down for other amendments to section 3 of the So while they are eliminating all of the borrower, the borrower can refi- bill under consideration? If not, the the programs that many of us have nance into a FHA loan. Only borrowers Chair is prepared to entertain other worked so hard to develop—in the current on their mortgages, not those amendments. former Congress, I was the chair of the in default, qualify for the program. So AMENDMENT NO. 5 OFFERED BY MS. WATERS Subcommittee on Housing and Commu- this study will help people to under- Ms. WATERS. Madam Chair, I have nity Opportunity, and so I know these stand the impact it is having. I ask for an amendment at the desk. programs very well. Not only do I know an ‘‘aye’’ vote on my amendment. The Acting CHAIR. The Clerk will these programs very well, I understand POINT OF ORDER designate the amendment. very well what has happened here in Mrs. BIGGERT. Madam Chair, I The text of the amendment is as fol- America that has caused homeowners make a point of order against the lows: to be in the situations they are in now. amendment because in my opinion it At the end of the bill, add the following We have a situation that occurred violates clause 7 of rule XVI, which re- new section: that created this crisis with the quires that an amendment be germane SEC. 4. STUDY ON IMPACTS REQUIRED. subprime meltdown. We had loans that to the matter it is amending. It is not (a) IN GENERAL.—Not later than 30 days were initiated in this country that germane to the bill because it expands after the date of the enactment of this Act, were exotic loans, loans that were teas- the scope of the bill.

VerDate Mar 15 2010 05:17 Mar 11, 2011 Jkt 099060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K10MR7.059 H10MRPT1 tjames on DSKG8SOYB1PROD with HOUSE March 10, 2011 CONGRESSIONAL RECORD — HOUSE H1695 I ask for a ruling from the Chair. mortgages on 1- to 4-family residences, in ac- lot of people who could do this and The Acting CHAIR. Does any other cordance with such guidelines and standards their payment would come down sig- Member wish to speak to the point of as the Secretary shall issue, which shall pro- nificantly, but today, they can’t refi- order? vide that under such program— nance. To refinance today on a 30-year Ms. WATERS. Madam Chair, I move (1) the residence subject to a mortgage being refinanced and to the insured refi- loan is 4.9 percent. There are a lot of to strike the last word, I suppose. nancing mortgage shall be the principal resi- people who are paying 8 percent. It If we terminate a program, we should dence of the mortgagor; means a lot. It could be anywhere be- understand the impacts of such a ter- (2) the mortgagor under the insured refi- tween $2 and $2,000 in their payment a mination, and so this is relevant. nancing mortgage shall have an annual fam- month. But they can’t qualify. They The Acting CHAIR. The gentlewoman ily income not exceeding $180,000; don’t have the chunk of money they will suspend. The gentlewoman has (3) the insured refinancing mortgage shall need, their home is underwater, et been recognized to speak to the point have a term to maturity of 30 years; cetera. of order. (4) the insured refinancing mortgage shall Ms. WATERS. This is the point of bear interest at a single rate of 4.0 percent b 1440 annually for the entire term of the mort- So this is a very important thing we order. gage; and The Acting CHAIR. The gentlewoman (5) the mortgagor under the insured refi- could do. Let’s take the money. Let’s may proceed. nancing mortgage may not have failed to take that money that we have not Ms. WATERS. The point of order in- timely make any payments due under the spent on this program and let’s put it dicates that this is not germane. I am mortgage being refinanced. to help the people who have done the maintaining that this is germane be- Mrs. BIGGERT. Madam Chair, I re- right thing, the people who, no matter cause if we terminate a program, we serve a point of order against this what, have continued to pay on their should understand the impact of such amendment. loan, because there are many of them termination. I believe that does speak The Acting CHAIR. A point of order out there. to the point of order. is reserved. I would hope that we could find a The Republicans say this program The gentlewoman from California is compromise, that we could find a way doesn’t work. So our regulators should recognized for 5 minutes. in which we can keep people in their suggest to Congress what they think Ms. LORETTA SANCHEZ of Cali- homes. No program is perfect, but I will work. This is just a study. This is fornia. Madam Chair, I rise today in think we have the opportunity to do not a new program or an extension of support of this amendment that I am the right thing, Madam Chair. the FHA short refinance program. sponsoring. I yield back the balance of my time. The Acting CHAIR. Does any other My amendment replaces the FHA Re- POINT OF ORDER Member wish to speak to the point of finance Program Termination Act and Mrs. BIGGERT. Madam Chairman, I order? If not, the Chair is prepared to would allow the use of unexpended make a point of order against this rule. funds to create a program that will amendment because it violates clause The gentlewoman from Illinois allow qualifying homeowners to apply 10 of rule XXI as it has the net effect of makes the point of order that the to refinance a 30-year mortgage at 4 increasing mandatory spending within amendment offered by the gentle- percent as long as the mortgage they the time period set forth in the rule. woman from California is not germane. are refinancing is on their primary The Acting CHAIR. Does any other The bill addresses repeal of a Federal home, that they are up to date on their Member wish to speak to the point of Housing Administration program that mortgage, and that their annual in- order? provides for refinancing of a specified come, adjusted gross income, does not The Chair recognizes the gentle- set of mortgages. exceed $180,000. woman from California. One of the fundamental principles of People back home are hurting, and Ms. LORETTA SANCHEZ of Cali- germaneness is that the amendment they are desperate to keep their home. fornia. Madam Chair, this is about must relate to the subject matter of I know there are many who have lost eliminating a program. I understand the underlying bill. The bill is confined their homes. There are some who are that those people who are behind on to a specific type of refinancing pro- behind on payments, and they haven’t their payments, you’re just going to let gram. The amendment seeks to address kept up with their payments, but what them go. You’re just going to let them mortgages more generally, a matter about the people who have actually lose their home. Then they’re going to outside the ambit of the bill. held onto their home? They have actu- have a hard time finding an apartment. The amendment is therefore not ger- ally paid. They have had to actually I understand that. But this is about mane. The point of order is sustained. give up their car, they are walking to helping the people who truly, the mid- AMENDMENT NO. 15 OFFERED BY MS. LORETTA work, they are taking the bus because dle class, the lower-income class, who SANCHEZ OF CALIFORNIA they understand how important it is have a home, who need to hold onto Ms. LORETTA SANCHEZ of Cali- for them to hold onto their house be- that home. fornia. Madam Chairman, I have an cause a house is not just a house. Your I do believe that this is germane to amendment at the desk. primary residence is your home. It is the underlying bill. I respectfully re- The Acting CHAIR. The Clerk will where your kids are. It is where they quest that we consider this amend- designate the amendment. find a stable life. So while this program ment. The text of the amendment is as fol- is not perfect—there is not a perfect The Acting CHAIR. Does any other lows: program we have come up with—we Member wish to speak to the point of Strike all after the enacting clause and in- have tried to help people who have order? If not, the Chair is prepared to sert the following: been losing their houses, people who rule. SECTION 1. USE OF FUNDING FOR FHA REFI- through no fault of their own, who The gentlewoman from Illinois NANCE PROGRAM. have either lost their jobs, have had to makes a point of order that the amend- Effective on the date of the enactment of take a lesser job, who were swindled, ment offered by the gentlewoman from this Act, all unexpended balances remaining available as of such date of enactment of the who were talked into loans they didn’t California violates clause 10 of rule amounts made available under title I of the understand what they were signing be- XXI by proposing an increase in man- Emergency Economic Stabilization Act cause they were hit by the subprime datory spending over a relevant period (Public Law 110-343; 12 U.S.C. 5211 et seq.) lenders, and they are paying too much, of time. that have been allocated for use under the and people are sometimes paying in the Pursuant to clause 10 of rule XXI and FHA Refinance Program (pursuant to Mort- double digits with respect to their clause 4 of rule XXIX, the Chair is au- gagee Letter 2010-23 of the Secretary of loan. Maybe they are at 10 percent or thoritatively guided by estimates from Housing and Urban Development) of the 9.5 percent 12 percent on their loan. the chair of the Committee on the Making Home Affordable initiative of the Secretary of the Treasury shall be available This program would actually say to Budget that the net effect of the provi- to the Secretary of Housing and Urban De- those who somehow have held on, we sions in the amendment would increase velopment for carrying out a program for in- are going to refinance your primary mandatory spending over a relevant pe- suring mortgages made to refinance existing home at 4 percent because there are a riod of time as compared to the bill.

VerDate Mar 15 2010 04:11 Mar 11, 2011 Jkt 099060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K10MR7.062 H10MRPT1 tjames on DSKG8SOYB1PROD with HOUSE H1696 CONGRESSIONAL RECORD — HOUSE March 10, 2011 Accordingly, the point of order is criminal statutes for any officers or di- late to the subject matter of the under- sustained and the amendment is not in rectors if they are not personally re- lying bill. The bill is confined to a spe- order. sponsible for these wrongful acts. cific type of refinancing program. The AMENDMENT NO. 14 OFFERED BY MR. INSLEE There’s no criminal liability. But we do amendment seeks to address fore- Mr. INSLEE. I have an amendment think where there were violations of closures generally, a matter outside at the desk. these criminal statutes, they ought to the confines of the subject addressed by The Acting CHAIR. The Clerk will be prosecuted. the bill. designate the amendment. This Nation has been brought to the The amendment is therefore not ger- The text of the amendment is as fol- brink of financial ruin because of mane. The point of order is sustained. lows: many, many instances of violation of Ms. HIRONO. I move to strike the these standards. The least we can ask last word. At the end of the bill, add the following The Acting CHAIR. The gentlewoman new section: is that we prosecute these cases where from Hawaii is recognized for 5 min- SEC. 4. ENFORCEMENT OF FORECLOSURE LAWS. it is appropriate. The Attorney General of the United We think it’s the right thing for us to utes. States, in consultation and coordination do on a bipartisan basis to make that Ms. HIRONO. Madam Chair, an with the Secretary of the Treasury, the Fed- statement today. I hope that Members amendment offered earlier directing eral Deposit Insurance Corporation, the Di- will join me in making that statement the Secretary of the Department of rector of the Federal Housing Finance Agen- and make sure justice in fact is meted Housing and Urban Development (HUD) cy, the Secretary of Housing and Urban De- out here where it has not been in other and the Secretary of the Treasury to velopment, the Board of Governors of the instances. study the negative impacts of under- Federal Reserve System, the Director of the I yield back the balance of my time. water mortgages on the housing mar- Bureau of Consumer Financial Protection of ket and on the U.S. economy and to re- the Federal Reserve System, any other ap- POINT OF ORDER Mrs. BIGGERT. Madam Chairman, I port the findings of this study to Con- propriate Federal banking regulatory agen- gress, including recommendations on cies, and the Attorneys General of the make a point of order against the States, shall pursue, to the fullest extent of amendment because, in my opinion, it how to mitigate the effects of these the law, criminal prosecution of directors violates clause 7 of rule XVI, which re- mortgages, makes eminent sense to and officers of any financial institutions quires that an amendment be germane me. About 12 million to 15 million home- that the Attorney General, in such consulta- to the matter it is amending. It is not owners, nearly one quarter of home- tion and coordination, determines have germane to the bill because it is out- failed to comply with State laws relating to owners in this country, are currently side the scope of the bill. foreclosure of mortgages on residential real underwater on their mortgages, mean- property and shall provide appropriate as- The Acting CHAIR. Does any other Member wish to speak to the point of ing that they owe more on their mort- sistance to such State Attorneys General in gages than their homes are worth. such prosecutions. order? The Chair recognizes the gentle- These borrowers are diligently making Mrs. BIGGERT. Madam Chairman, I woman from California. their mortgage payments but need reserve a point of order against this Ms. WATERS. I do think this amend- some kind of lifeline to reduce their amendment. ment is germane, for a number of rea- debt burden. The Acting CHAIR. A point of order sons. The gentleman talked about the We all agree that we need to look at is reserved. fact that this country was almost ways to cut government spending to The gentleman from Washington is brought to the brink of total disaster address our country’s fiscal crisis, but recognized for 5 minutes. because of this subprime meltdown. He what is the purpose of this underlying Mr. INSLEE. Thank you very much. bill? Why are my colleagues on the pointed to things, that have already Madam Chair, one thing that I think other side of the aisle trying to end been identified, that we can put square- there is universal anger about, Repub- programs that were established to as- ly on the shoulders of the servicers who licans, Democrats and independents sist families suffering from the fore- are responsible for the management of alike in this country, is the lack of re- closure crisis without offering any plan these mortgages after they have been sponsibility that has been shown, or remedy to help the millions of packaged, securitized, and then sent on criminal responsibility, for the huge Americans who are trying to stay in their way to be collected on. their homes? malfeasance and criminality that got This gentleman is talking about the us into this economic pickle that we Families in every single one of our fact that many of these servicers when congressional districts are desperately are in. To my knowledge, there has they are trying to collect on these been not one person go to jail as a re- seeking help to stay in their homes, mortgages can see that fraud has taken the American Dream. Last year, I met sult of the economic collapse precip- place, but they do nothing about it. itated by the shenanigans and outright with an owner of a car dealership in They can see that amendments have Kihei, Maui. This constituent had a criminality in the highest financial been slipped in that the homeowners places in the land. All Americans, I successful business until the economic did not know about. They can see that downturn reduced the number of her think, are very angry, with justifiable sometimes the signature does not even reasons, about that. If you read any of car sales. Increasingly, former cus- belong to the homeowner, but they tomers of hers were returning to her the books about the collapse on Wall continue to try and collect on these Street, you will share that anger, if dealership to return the cars that they mortgages. had purchased from her, handing back you read any of those books. I think that this amendment is ger- We do not want to see that replicated their keys because they could no mane. I would ask that the Chair rule longer afford to make their car pay- in this scandal regarding the mortgage in favor of this amendment. It is time servicing situation. We are now advised ments. somebody paid a price for what has This car dealer eventually found her- that there are multiple cases of people been done to the American public. self in dire straits, so much so that her knowingly signing affidavits that were The Acting CHAIR. Does any other lender wanted to put her dream home false. We are told there are numerous Member wish to speak to the point of up for a short sale. She didn’t under- occasions of this robo-signing situa- order? If not, the Chair is prepared to stand why the lender was only consid- tion. These nefarious acts have re- rule. ering a short sale and didn’t want to sulted in losses by Americans that The gentlewoman from Illinois work with her to help her keep her should not have happened. makes a point of order that the amend- house. We want to send a message, on a bi- ment offered by the gentleman from partisan basis, that the criminal laws Washington is not germane. b 1450 need to be respected. My amendment The bill addresses repeal of a Federal It was only when my office contacted would simply call upon the attorneys Housing Administration program that the lender on her behalf that she was general, both Federal and State, to provides for refinancing of a specified able to receive a forbearance on a por- prosecute, as appropriate, these crimi- set of mortgages. tion of the principle and get a perma- nal violations. The amendment does One of the fundamental principles of nent modification. Sadly, stories like not change the responsibility under the germaneness is that the amendment re- hers are commonplace these days.

VerDate Mar 15 2010 04:11 Mar 11, 2011 Jkt 099060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K10MR7.066 H10MRPT1 tjames on DSKG8SOYB1PROD with HOUSE March 10, 2011 CONGRESSIONAL RECORD — HOUSE H1697 The Federal foreclosure mitigation The Acting CHAIR. A point of order this amendment is not in order. I only programs, which unfortunately have is reserved. say it should be. not helped as many homeowners as we The gentleman from New Jersey is The Acting CHAIR. Does any other would like, still provide a lifeline. recognized for 5 minutes. Member wish to speak to the point of Without these programs, many more Mr. HOLT. Madam Chair, instead of order? lenders would be pursuing short sales focusing on job creation, innovation, The Chair recognizes the gentle- and foreclosures rather than trying to retirement security or fair taxes, today woman from California. help meet homeowners halfway in help- we’re considering legislation that Ms. WATERS. Thank you very much. ing them keep their homes. would terminate a program that has Madam Chair, I rise to support the The FHA Refinance Program, also the potential to help struggling home- amendment. I’m opposed to the point known as the FHA Short Refinance Op- owners stay in their homes. We are not of order. I think it is absolutely ger- tion, assists underwater borrowers by here to debate fixing the program or to mane. Not only do we have a bill before facilitating voluntary mortgage prin- consider replacing it with a more effec- us that will eliminate taxpayers’ abil- cipal write-downs and refinancing the tive alternative; but, rather, we’re here ity to have their homes that are under- loans into a new stable FHA-insured to end the program that is only a few water refinanced; this also impacts mortgage, thereby enabling borrows to months old, to declare it a failure and their taxes. They will continue to have have a reduced monthly payment and a go home. This is not good government. to be taxed on those homes at the same mortgage that is more aligned with ac- It will not help the middle class. This rate. And so here we have before us the tual property values. is not what my constituents sent me to Universal Homeowner Tax Relief Act FHA just started implementing this Washington to do. that would impact 30 million Ameri- program a few months ago; we need to New Jerseyans, as so many around cans nationwide. give the agency time to get it off the the country, are burdened by high And I must add that if we can, in this ground. We should also focus on what property taxes. While we allow individ- House and in this Congress, give tax can be done to make the programs uals who itemize their Federal taxes to breaks to the richest 1 percent of more effective so that the maximum deduct State and local taxes, many Americans in the way that we have number of underwater borrowers who non-itemizers—particularly retirees on done, certainly we can support these are eligible for the program can ben- fixed incomes—feel the impact of high homeowners who are underwater, these efit. rates. The amendment before us that I homeowners who have been tricked Instead of coming up with new initia- present would provide real help to mil- into mortgages that they didn’t under- tives to assist thousands of home- lions of homeowners, especially senior stand, these homeowners who are the owners or working to improve existing citizens, across the country and, yes, in victims of fraud. And I think this is foreclosure mitigation programs, bills central New Jersey, my district. germane. like this will only serve to destabilize Specifically, my amendment would The Acting CHAIR. The gentlewoman an already fragile housing market and renew for 5 years the property tax de- from California must confine her re- further delay our economic recovery. duction for American homeowners who marks to the point of order. With bills like this, the House majority don’t itemize on their Federal taxes. It Does any other Member wish to continues to turn their backs on the would allow single filers to deduct $500 speak to the point of order. If not, the middle class families and our country. and joint filers to deduct $1,000 on top Chair is prepared to rule. Let’s focus on what can be done now to of the standard deduction and index The gentlewoman from Illinois stabilize the housing market, create these additional deductions for infla- makes the point of order that the jobs, and get the economy back on tion. This property tax provision— amendment offered by the gentleman track. based on legislation that I wrote and from New Jersey is not germane. I urge my colleagues to vote against was signed into law by former Presi- The bill addresses repeal of a Federal the underlying bill. dent Bush in 2008 and was extended Housing Administration program that Madam Chair, I yield back the bal- through the 2009 tax year—would con- provides for refinancing of a specified ance of my time. tinue that. set of mortgages. Unfortunately, although the exten- AMENDMENT NO. 8 OFFERED BY MR. HOLT One of the fundamental principles of Mr. HOLT. Madam Chair, I have an sion of this tax credit for 2010 was germaneness is that the amendment amendment at the desk. passed by this House, it failed to be- must confine itself to the jurisdiction The Acting CHAIR. The Clerk will come law. So that is why on the first of the committees represented in the designate the amendment. day of this Congress I introduced the underlying bill. The bill was referred to The text of the amendment is as fol- Universal Homeowners Tax Relief Act. and reported by the Committee on Fi- lows: And with this amendment, we have the nancial Services. The amendment pro- At the end of the bill, add the following: opportunity to pass my legislation to poses a direct amendment to the Inter- SEC. 4. MODIFICATION OF REAL PROPERTY provide an estimated 30 million people nal Revenue Code, a matter within the STANDARD DEDUCTION. nationwide, and 600,000 in New Jersey, jurisdiction of the Committee on Ways (a) EXTENSION.—Subparagraph (C) of sec- with a few extra hundred dollars that and Means. tion 63(c)(1) of the Internal Revenue Code of I’m sure they could use. In these uncer- The amendment is therefore not ger- 1986 is amended by striking ‘‘in 2008 or 2009’’ tain economic times, it is no small mane. The point of order is sustained. and inserting ‘‘after December 31, 2007, and matter. And unlike the bill before us before January 1, 2015’’. AMENDMENT NO. 7 OFFERED BY MR. GARAMENDI (b) ADJUSTMENTS FOR INFLATION.—Subpara- today, my amendment would provide Mr. GARAMENDI. Madam Chair, I graph (B) of section 63(c)(4) of such Code is real help for American homeowners. have an amendment at the desk. amended by striking ‘‘and’’ at the end of I urge passage of the amendment. The Acting CHAIR. The Clerk will clause (i), by striking the period at the end POINT OF ORDER designate the amendment. of clause (ii) and inserting ‘‘, and’’, and by Mrs. BIGGERT. Madam Chairman, I The text of the amendment is as fol- inserting after clause (ii) the following: make a point of order against this lows: ‘‘(iii) ‘calendar year 2010’ in the case of dol- amendment because in my opinion it At the end of the bill, add the following lar amounts contained in paragraph (7)(B).’’. violates clause 7 of rule XVI, which re- new section: (c) EFFECTIVE DATE.— quires that an amendment be germane (1) IN GENERAL.—Except as otherwise pro- SEC. 4. TREATMENT OF BONUSES FOR FINANCIAL vided in this subsection, the amendments to the matter it is amending. And it is SECTOR EMPLOYEES. The Federal regulatory agencies for bank- made by this section shall apply to taxable not germane to the bill because it’s ing and financial institutions and for securi- years beginning after December 31, 2009. outside the scope of the bill. ties regulation shall jointly issue regulations (2) INFLATION ADJUSTMENT.—The amend- The Acting CHAIR. Does any other that— ments made by subsection (b) shall apply to Member wish to be heard on the point (1) require all new employees of any insti- taxable years beginning after December 31, of order? tution, company, or entity regulated by such 2011. The Chair recognizes the gentleman a regulatory agency, upon hiring, to sign a Mrs. BIGGERT. Madam Chair, I re- from New Jersey. contract stipulating that any bonus income serve a point of order against this Mr. HOLT. Madam Chair, I recognize provided to such employee will be paid in se- amendment. that under the structure of this bill curities or obligations that such institution,

VerDate Mar 15 2010 05:17 Mar 11, 2011 Jkt 099060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K10MR7.070 H10MRPT1 tjames on DSKG8SOYB1PROD with HOUSE H1698 CONGRESSIONAL RECORD — HOUSE March 10, 2011 company, or entity creates or deals in in its the need for criminal action, which is the underlying bill. The bill is confined regular course of business; also part of that report done by the to a specific type of refinancing pro- (2) require that any such bonuses paid shall commission—this goes to the future. gram. The amendment seeks to address be held in escrow for such period as may be This amendment goes to the future and regulation of the financial industry, a necessary to determine whether the such se- curities or obligations created or dealt with says for those in Wall Street, the high matter outside the confines of the sub- by such institution, company, or entity are and the mighty that get the huge bo- ject addressed by the bill. of substandard quality or cannot be readily nuses, most of whom were just in the The amendment is therefore not ger- identified as an asset or a liability; newspaper this week, that their bo- mane. The point of order is sustained. (3) require such escrow accounts to be port- nuses should be in the stock of the Mr. BACHUS. Madam Chair, I move able so that an employee may change jobs company in which they are operating to strike the last word. without hindrance; and and that those bonuses be held in an The Acting CHAIR. The gentleman (4) prohibit use of any such bonuses to escrow account for a period of time so from Alabama is recognized for 5 min- hedge against future losses. that either the good or the bad effect of utes. Mrs. BIGGERT. Madam Chair, I re- their action would be known and so Mr. BACHUS. Madam Chair, there serve a point of order against this that they could not take immediate seems to be some confusion on what amendment. benefit from their irresponsible ac- the underlying bill does and what the The Acting CHAIR. A point of order tions. amendments are trying to accomplish. is reserved. This amendment would put a damper In fact, in certain cases, it’s quite evi- The gentleman from California is on Wall Street greed. This amendment dent that some of my colleagues don’t recognized for 5 minutes. understand the bill. Mr. GARAMENDI. Madam Chair, 10 is necessary to put a damper on Wall Street greed, and it goes directly to This bill authorizes $8 billion to go weeks ago on this floor there was great towards the FHA refinance plan. It has celebration by our colleagues in the one of the reasons why this bill is be- fore us. This bill is before us, I think in already disbursed $50 million. Now Republican Party as they took control we’re hearing these claims of 10 million of this House, and there were many ser- an inappropriate way, to deal with the housing crisis. The housing crisis was and 11 million homeowners. There are mons given to all of us by the Members probably closer to 12 million home- in the majority party about the need to caused in part by Wall Street greed. We ought to be addressing that. That’s owners that are underwater than 11. I listen to Americans. I suggest we do think the numbers are understated. So that at this moment as we consider what this amendment does, by with- holding from immediate benefit those let’s assume 12 million. this bill. This Federal program that we’ve dis- Madam Chair, 10,780,236 American members of Wall Street who have cre- bursed $50 million to, how many Amer- families are crying out for help. We ated the crisis in the past and who may ican families have had their mortgages should be listening to them. very well be in the process of creating I know the gentlewoman from Illi- tomorrow’s crisis. refinanced? Forty-two. Now, who refinanced those? Who paid nois has a big heart, and she knows I ask for the support of this amend- for that? Was it the lenders who loaned that 430,000 of the homeowners in Illi- ment. the money? No. Was it the borrowers nois are crying out for relief. And I’m POINT OF ORDER who borrowed the money? No. It was certain, Madam Chairman, that the au- Mrs. BIGGERT. Madam Chairman, I these children, because it was taxpayer thor of this bill, the gentleman from make a point of order against the money. Alabama, is well aware that in his amendment of my good friend and col- Now you say they’re not taxpayers. State 35,000 homeowners are crying out league because in my opinion it vio- No, but they’re going to have to pay for relief. And I’m certain that all of lates clause 7 of rule XVI, which re- this back because we’re spending $8 bil- the Members of the Republican Party quires that an amendment be germane lion more every day than we’re taking are listening to the 10,780,236 families to the matter it is amending. It is not in in revenue. in America that are crying out for re- germane to the bill because it is out- It was announced earlier this week— lief. I can assure you the Democrats side the scope of the bill. I think the American people, and I are listening. The Acting CHAIR. Does any other don’t blame them, don’t want to really My amendment, Madam Chair, is one Member wish to speak to the point of put their arms around this—but we just that goes to one of the three reasons order? announced a deficit for the month of why they are crying out for relief. The Chair recognizes the gentleman from California. February, 28 days, that was more than b 1500 Mr. GARAMENDI. I think that it’s the deficit 4 years ago for the entire There was no regulation imposed dur- necessary when we take up a bill that year. We’re hemorrhaging red ink. ing the years 2001 to 2009. That was one would eliminate a law that is intended Are we better off than our parents? problem. We attempted to address that to help 10,780,326 homeowners that we Most of us are. Are these children with the Dodd-Frank law that’s now in look to the underlying reason why the going to be better off than we are? Not place. problem exists. This amendment does if we don’t start cutting spending. And The second reason was irrespon- that. the American people, those who are sibility; and certainly some of those We ought not be using artificial rules parents and grandparents, are crying homeowners who are crying out for re- that prevent us from the underlying out for this Congress to address this. lief were irresponsible, and certainly problem, allowing those rules to stop And that’s what we’re on this floor some of those who lost their homes al- us from taking up the real problem. today to do. ready that are crying out for relief I oppose the proposal to rule this out Now, if I were one of the 12 million were irresponsible. But the big irre- of order. homeowners who was underwater, I sponsibility were the bankers in this The Acting CHAIR. Does any other might say, Why those 42? But if I were Nation. They took advantage of mil- Member seek to speak to the point of the taxpayers, I would say, Why are lions upon millions of homeowners and order? If not, the Chair is prepared to you taking money from me that we engaged in irresponsible activity. rule. have to borrow from other countries— The third item is where my amend- The gentlewoman from Illinois 42 cents out of every dollar that we’re ment goes, and that is to Wall Street makes the point of order that the putting into this program—why are greed. We know, from the commission amendment offered by the gentleman you paying this mortgage down? Isn’t that was assigned the responsibility of from California is not germane. that the lender—if a loan gets in trou- looking at why the great crash oc- The bill addresses repeal of a Federal ble, is it up to the taxpayers to bail curred, we know from that report that Housing Administration program that that lender out? greed was the underlying motivation provides for refinancing of a specified Someone mentioned Bank of Amer- for Wall Street. My amendment goes to set of mortgages. ica. Somebody mentioned Citibank. If I that greed. One of the fundamental principles of were Citibank or Bank of America and In the future, not in the past—and germaneness is that the amendment someone who was making their pay- some of my colleagues have spoken to must relate to the subject matter of ments who was underwater who may

VerDate Mar 15 2010 04:11 Mar 11, 2011 Jkt 099060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\A10MR7.008 H10MRPT1 tjames on DSKG8SOYB1PROD with HOUSE March 10, 2011 CONGRESSIONAL RECORD — HOUSE H1699 walk off, yeah, I’d say if the taxpayers ghan war. Get our priorities straight Now, because of this crisis that we will come in and take that obligation here on this floor. You bet I’m worried are in, the subprime meltdown that we off my hands, I would love that. about the children of today. But 25 per- are in, this economic difficulty, these My district, the average home is cent of Americans’ children are hun- homes have lost their value. They are worth $212,000. And it’s the highest— gry, and a large percentage of them are no longer the homes that they signed one of the highest in the State. And ac- homeless because their parents have that mortgage for. The value has tually when I say that, let me say the been unable to meet the mortgage changed. That $400,000 home, that community I live in, which is one of commitments. $300,000 home that middle class citizens the more—it’s above average in in- This program is one of four that is were now buying is 35 percent less, or come. going to be terminated by the Repub- 50 percent less in some areas. But the average loan here that people lican majority. Mr. BACHUS. Will the gentlewoman borrowed was $313,000—the loan itself. So what is it that you are offering yield? That’s quite a loan. And to say that those children? The children of today, Ms. WATERS. No, I will not yield. the taxpayers need to pay that mort- what is it that you are offering them? These homeowners are saying, Will gage down makes no sense when these The opportunity to be homeless. That’s you please help me? Will you please do are the children, this is the generation what you’re offering. something about the fact that I am that’s going to have to pay it back. Come to this floor and talk to me working every day, paying a mortgage We need to get serious. We need to about tomorrow’s generation. Yes, do amount for a home that’s 35 to 50 per- get out pictures of our children and our that. And that’s my concern also. But cent less than what I signed up for? grandchildren and we need to say, Do I’m concerned about those that are Will my government please help me? we really need to come to the rescue of homeless and hungry today. This is not fair. They’re simply saying, So don’t eliminate this program. these banks when they’ve overextended Can’t you do something? And we said, Make it work. Don’t eliminate the loans? Yes. We put into play legislation, FHA, other three programs that are an effort that would help to refinance these b 1510 to try to keep people in their homes so homes. Let’s get the amounts right. How about all of those Americans that they don’t go homeless. I now yield to the gentleman from Madam Chair, I know my colleagues who are making their payments and Alabama, because I don’t want to deny on the Republican side care about the didn’t buy a house and are not under- my friend the opportunity to have his children of America, today’s children. water? Should you ask those Ameri- say. Why they would put four bills forward cans to pay to banks money that they Mr. BACHUS. Would the gentlelady this week and next week that elimi- didn’t obligate themselves to? The an- tell the Members, when you write that nate the opportunity for those parents swer is ‘‘no.’’ ‘‘No’’ to more govern- check to help them with their under- to stay in their home I do not under- ment spending. water home, that check goes to Bank stand. We need compassion. We need to Mr. GARAMENDI. Madam Chair, I of America. That check goes to be aware of the deficit. We need to move to strike the last word. Citibank. That check goes to just fill make choices. If our choice is to force The Acting CHAIR. The gentleman in the bank, fill in the mortgage com- more families to be homeless, that’s from California is recognized for 5 min- pany. It goes to whoever loaned the utes. the wrong choice. I yield back the balance of my time. money. It doesn’t go to the home- Mr. GARAMENDI. Yes, we ought to Ms. WATERS. Madam Chair, I move owner. Are they benefited? Yes. And look to the children. Last Sunday on to strike the last word. tell the Members of this body who pays ‘‘60 Minutes’’ was a report about our The Acting CHAIR. The gentlewoman for that check. We do. The American children in America today. Twenty-five from California is recognized for 5 min- people. percent of our children in America utes. Ms. WATERS. Reclaiming my time, I today are hungry, and many of them Ms. WATERS. Madam Chair, I rise am focused on the homeowner who was are homeless because their parents because I want to make sure that the supposed to be protected by the regu- have lost their homes. chair of our committee, who just took lators that have been appointed and Forty-two families. Yes, this pro- the floor, understands that we under- given the jobs of regulation so that gram hasn’t yet kicked into its full po- stand the bill. When our chairman first they could make sure that our con- tential. Forty-two families are in their took the floor to talk about what this sumers are being treated fairly. We homes today, and those children are bill is and what it is not, he said he did failed them. We let them down. We al- not out on the street homeless. not think that we really understood lowed them to get into mortgages Listen to America. Listen to the 25 what the bill was all about. I would where fraud was quite evident. We did percent of children in America today like to assure you that the Members on not do the job. And so now they have that are hungry, and a large percent- this side of the aisle understand this these homes that are underwater, and age of them are homeless. Listen to legislation. I would like to assure you they’re saying, Help us. And we did. their cry. Listen to them. Yes, we have that those of us who work on the Fi- That’s what this FHA legislation would an obligation as good citizens of this nancial Services Committee, who put have done, helped to refinance so that Nation to see to it that our neighbor- these bills into operation, who orga- they could lower their mortgage pay- hoods, even if they are the high-end nized these bills, who presented these ments. neighborhoods in Alabama, that those bills, who got these bills passed into Now, my friends on the opposite side problems are addressed. law to help homeowners, understand of the aisle are saying to the taxpayers Ten months ago, the new majority what is now happening to them. and to the homeowners, No, we’re not took this floor and they said, Listen, We understand that the bill before us going to help you. We know your home listen to Americans that want jobs. would eliminate this program. This is is underwater. We know this informa- Not one job bill has passed this House. an FHA program that’s designed to tion. We know what the servicers have The only bill that’s passed this House provide refinance opportunities for done to you. We know that you are that dealt with jobs was H.R. 1, the those homes that are underwater. working every day to pay a mortgage continuing resolution, that destroyed What do we mean when we say ‘‘un- for a home that you thought was worth 700,000 jobs and will put more of those derwater’’? We mean that when middle an amount that is no longer so. children homeless, will destroy more class homeowners, hardworking citi- So we are saying please don’t do families. Yes, we ought to be listening zens went and signed for that mortgage that. We’re saying please don’t do that. to the generations ahead of us. But if where they were paying $250,000, Don’t strip the homeowners of this op- we do not listen to today’s problems, $300,000, $400,000 for a home, they portunity to refinance this home. those problems in the future will only signed that mortgage, that was sup- In addition to stripping the home- be worse. posed to be the value of that home. owners of this opportunity, the other And $8 billion, yes, that’s a lot of That’s what it was assessed at at the programs that you are going to hear money. But it happens to be 8 percent time. That was what it is supposed to about, the other three programs, the of what we spend every year in the Af- be worth. HAMP program, the NSP program, the

VerDate Mar 15 2010 04:11 Mar 11, 2011 Jkt 099060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K10MR7.077 H10MRPT1 tjames on DSKG8SOYB1PROD with HOUSE H1700 CONGRESSIONAL RECORD — HOUSE March 10, 2011 program for homeowners who have lost lender or to get to your servicer in contact the servicers. As you know, their jobs who simply want a loan, some way. there are those who tell us that we we’re saying no to all of this. We’re It is certainly not what I would pre- shouldn’t be doing any of this, but I saying, No, homeowners, we’re not fer to have to do, but I understand think you and I agree that we should going to help you. we’re going to lose. The Members on offer some assistance to the home- I yield back the balance of my time. the opposite side of the aisle have owners who contact us. made up their minds, and they have de- I would like to thank you for that. b 1520 cided that this is important and that Mr. BACHUS. Thank you. AMENDMENT NO. 6 OFFERED BY MS. WATERS this is what they’re going to do. If I continue to have time, let me say Ms. WATERS. Madam Chair, I have So I would simply like our citizens to this in closing: I do want to caution an amendment at the desk. know that this program that they may Members that it is not an obligation of The Acting CHAIR. The Clerk will have started to hear about is no longer Congress or of Members of Congress— designate the amendment. in existence and that, if they call us, and I think Ms. WATERS would agree— The text of the amendment is as fol- we will agree that we will try and help to intervene and to suggest to the lend- lows: them, in some modest way, to get to ers that they do anything other than At the end of the bill, add the following their servicers or to their lenders. give due consideration. We simply put new section: I yield back the balance of my time. them in communication. Now, we will SEC. 4. PUBLICATION OF MEMBER AVAILABILITY Mr. BACHUS. Madam Chair, I move help them with the applications, but I FOR ASSISTANCE. to strike the last word. think it is important, in all our deal- Not later than 5 days after the date of the The Acting CHAIR. The gentleman ings, that we do not try to intervene in enactment of this Act, the Secretary of from Alabama is recognized for 5 min- legal obligations or in any way appear Housing and Urban Development shall pub- utes. to coerce or influence that outcome. lish to its Website on the World Wide Web in Mr. BACHUS. Let me say this: I I think this is a very good amend- a prominent location, large point font, and would prefer that this amendment no- boldface type the following statement: ‘‘The ment, and I would encourage Members FHA Short Refinance Program, which would tify all Americans, particularly tax- to support it. There are also VA pro- have provided borrowers who are current on payers, that we are stopping a program grams and FHA programs that we can their mortgage but owe more than their that authorizes $8 billion worth of put borrowers in touch with. This, I be- home is worth with the ability to refinance spending. lieve, is an amendment I will support. into an FHA loan with better terms, has Having said that, I think this is a Madam Chair, I yield back the bal- been terminated. If you owe more on your good amendment. I know there may be ance of my time. mortgage than your home is worth, please Members who say they don’t want to be The Acting CHAIR. The question is contact your Member of Congress for assist- contacted, but I will tell you this: Peo- ance.’’. on the amendment, as modified, offered ple do call us from time to time, and by the gentlewoman from California Ms. WATERS. Madam Chair, I ask they say, I’m having trouble with pay- (Ms. WATERS). unanimous consent that amendment ing my mortgage. I’m facing fore- The question was taken; and the Act- No. 6 be modified with the modification closure, and I can’t get in touch with ing Chair announced that the ayes ap- that is at the desk. my lender or my servicer, and I’m not peared to have it. The Acting CHAIR. The Clerk will re- sure who I should talk to. Mrs. BIGGERT. Madam Chair, I de- port the modification. We put them in communication mand a recorded vote. The Clerk read as follows: many times with the servicer or the The Acting CHAIR. Pursuant to Modification to amendment No. 6 offered lender. We go further and actually help clause 6 of rule XVIII, further pro- by Ms. WATERS: some of them with their applications. ceedings on the amendment, as modi- Strike all after the section heading and in- On 18 occasions this last year, we sert the following: fied, offered by the gentlewoman from Not later than 5 days after the date of en- helped citizens with applications to California will be postponed. actment of this Act, the Secretary of Hous- lenders for modifications. ANNOUNCEMENT BY THE ACTING CHAIR ing and Urban Development shall publish to I think it’s a good service, particu- The Acting CHAIR. Pursuant to its website on the World Wide Web in a larly with the recession we have now. I clause 6 of rule XVIII, proceedings will prominent location, large point font, and think it’s a far, far better approach now resume on those amendments boldface type the following statement: ‘‘The than a government program that uses printed in the CONGRESSIONAL RECORD FHA Short Refinance Program, which was taxpayer dollars, because we are con- intended to provide borrowers with refinance on which further proceedings were tacting the lender or the servicer, and postponed, in the following order: opportunities, has been terminated. If you that is who ought to talk to the bor- are having trouble paying your mortgage Amendment No. 3 by Mr. LYNCH of and need help contacting your lender or rower. That’s who could have an obli- Massachusetts. gation or who has an interest in work- servicer for purposes of negotiating or ac- Amendment No. 6 by Ms. WATERS of quiring a loan modification, please contact ing it out. On almost every occasion California, as modified. your Member of Congress to assist you in with the mortgages, it is in the inter- The Chair will reduce to 5 minutes contacting your lender or servicer for the est of the borrower and the lender to purpose of negotiating or acquiring a loan the time for the second electronic vote work it out. in this series. modification.’’ Ms. WATERS. Will the gentleman The Acting CHAIR. Is there objection yield? AMENDMENT NO. 3 OFFERED BY MR. LYNCH to the modification? Mr. BACHUS. I yield to the gentle- The Acting CHAIR. The unfinished Without objection, the amendment is woman from California. business is the demand for a recorded modified. Ms. WATERS. Thank you so much. vote on the amendment offered by the There was no objection. First of all, Mr. Chairman, I would gentleman from Massachusetts (Mr. The Acting CHAIR. The gentlewoman like to thank you for your cooperation LYNCH) on which further proceedings from California is recognized for 5 min- on this amendment. I know that there were postponed and on which the noes utes. are other words that you would, per- prevailed by voice vote. Ms. WATERS. Madam Chair, this haps, use to explain to the homeowner The Clerk will redesignate the amendment that I’ve worked on with or to the citizen your point of view; but amendment. my colleagues on the opposite side of you did work with me on this, and you The Clerk redesignated the amend- the aisle is simply about transparency. thought that this kind of transparency ment. It is simply about making ourselves was good. RECORDED VOTE available to the homeowners who are I do commend you because I know The Acting CHAIR. A recorded vote trying to get some help because they that you have worked directly with has been demanded. are under water. This amendment some of your constituents. We found A recorded vote was ordered. would simply say that the program is out, as we talked with you, that you The vote was taken by electronic de- no longer in existence and that you had helped 18 people with loan modi- vice, and there were—ayes 184, noes 243, may call us to help you to get to your fications and that you were willing to not voting 5, as follows:

VerDate Mar 15 2010 05:17 Mar 11, 2011 Jkt 099060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K10MR7.079 H10MRPT1 tjames on DSKG8SOYB1PROD with HOUSE March 10, 2011 CONGRESSIONAL RECORD — HOUSE H1701 [Roll No. 168] Hall McCotter Roskam The vote was taken by electronic de- Hanna McHenry Ross (FL) vice, and there were—ayes 278, noes 147, AYES—184 Harper McKeon Royce Ackerman Garamendi Neal Hartzler McKinley Runyan not voting 7, as follows: Hastings (WA) McMorris Andrews Gonzalez Olver Ryan (WI) [Roll No. 169] Baca Green, Al Pallone Hayworth Rodgers Scalise Baldwin Green, Gene Pascrell Heck Meehan Schilling AYES—278 Bass (CA) Grijalva Heller Mica Schmidt Pastor (AZ) Ackerman Flake Miller, Gary Becerra Gutierrez Hensarling Miller (FL) Schock Payne Aderholt Forbes Miller, George Berkley Hanabusa Herger Miller (MI) Schrader Pelosi Akin Fortenberry Moore Berman Harris Herrera Beutler Miller, Gary Perlmutter Schweikert Alexander Frank (MA) Moran Bishop (GA) Hastings (FL) Huelskamp Mulvaney Peters Scott (SC) Andrews Fudge Murphy (CT) Bishop (NY) Heinrich Huizenga (MI) Murphy (PA) Pingree (ME) Scott, Austin Austria Gallegly Nadler Blumenauer Higgins Hultgren Myrick Polis Sensenbrenner Baca Garamendi Napolitano Boren Himes Hunter Neugebauer Price (NC) Sessions Bachus Gardner Neal Boswell Hinchey Hurt Noem Quigley Shimkus Baldwin Gerlach Nugent Brady (PA) Hinojosa Issa Nugent Rahall Shuler Barletta Gibson Nunnelee Braley (IA) Hirono Jenkins Nunes Shuster Barrow Gonzalez Olson Brown (FL) Holden Rangel Johnson (IL) Nunnelee Simpson Bartlett Goodlatte Olver Butterfield Holt Richardson Johnson (OH) Olson Smith (NE) Bass (CA) Granger Pallone Capps Honda Richmond Johnson, Sam Owens Smith (NJ) Bass (NH) Green, Al Pascrell Capuano Hoyer Ross (AR) Jones Palazzo Smith (TX) Becerra Green, Gene Pastor (AZ) Cardoza Inslee Rothman (NJ) Jordan Paul Southerland Benishek Griffin (AR) Paulsen Carnahan Israel Roybal-Allard Kelly Paulsen Stearns Berg Grijalva Payne Carney Jackson (IL) Ruppersberger King (IA) Pearce Stivers Berkley Grimm Pelosi Carson (IN) Jackson Lee Rush King (NY) Pence Stutzman Berman Guinta Perlmutter Castor (FL) (TX) Ryan (OH) Kingston Peterson Sullivan Biggert Gutierrez Peters Chandler Johnson (GA) Sa´ nchez, Linda Kinzinger (IL) Petri Terry Bilbray Hanabusa Petri Chu Johnson, E. B. T. Kline Pitts Thompson (PA) Bilirakis Hanna Pingree (ME) Cicilline Kaptur Labrador Platts Sanchez, Loretta Thornberry Bishop (GA) Harper Platts Clarke (MI) Keating Lamborn Poe (TX) Sarbanes Tiberi Bishop (NY) Harris Polis Clarke (NY) Kildee Lance Pompeo Schakowsky Tipton Blumenauer Hastings (FL) Price (NC) Clay Kind Landry Posey Schiff Turner Bonner Heinrich Quigley Cleaver Kissell Lankford Price (GA) Schwartz Upton Boswell Heller Rahall Clyburn Kucinich Latham Quayle Scott (VA) Walberg Boustany Hensarling Rangel Cohen Langevin LaTourette Reed Scott, David Walden Brady (PA) Herger Reichert Connolly (VA) Larsen (WA) Latta Rehberg Serrano Walsh (IL) Braley (IA) Herrera Beutler Renacci Conyers Larson (CT) Lewis (CA) Reichert Sewell Webster Brown (FL) Higgins Richardson Cooper Lee (CA) LoBiondo Renacci Sherman West Butterfield Himes Richmond Costa Levin Long Ribble Sires Calvert Hinchey Rigell Costello Lewis (GA) Lucas Rigell Westmoreland Slaughter Camp Hinojosa Rogers (AL) Courtney Lipinski Luetkemeyer Rivera Whitfield Speier Canseco Hirono Rogers (KY) Critz Loebsack Lummis Roby Wilson (SC) Stark Capito Holden Rohrabacher Crowley Lofgren, Zoe Lungren, Daniel Roe (TN) Wittman Sutton Capps Holt Ross (AR) Cuellar Lowey E. Rogers (AL) Wolf Thompson (CA) Capuano Honda Rothman (NJ) Cummings Luja´ n Mack Rogers (KY) Womack Thompson (MS) Cardoza Hoyer Roybal-Allard Davis (CA) Lynch Marchant Rogers (MI) Woodall Tierney Carnahan Inslee Ruppersberger Davis (IL) Maloney Marino Rohrabacher Yoder Tonko Carney Israel Rush DeFazio Markey McCarthy (CA) Rokita Young (AK) Carson (IN) Issa Ryan (OH) DeGette Matheson Towns McCaul Rooney Young (FL) Cassidy Jackson (IL) Ryan (WI) DeLauro Matsui Tsongas McClintock Ros-Lehtinen Young (IN) Castor (FL) Jackson Lee Sa´ nchez, Linda Deutch McCarthy (NY) Van Hollen ´ NOT VOTING—5 Chaffetz (TX) T. Dicks McCollum Velazquez Chu Johnson (GA) Sanchez, Loretta Dingell McDermott Visclosky Diaz-Balart Manzullo Smith (WA) Cicilline Johnson (IL) Sarbanes Doggett McGovern Walz (MN) Giffords Reyes Clarke (MI) Johnson (OH) Schakowsky Donnelly (IN) McIntyre Wasserman Clarke (NY) Johnson, E. B. Schiff Doyle McNerney Schultz b 1553 Clay Jones Schock Edwards Meeks Waters Cleaver Kaptur Schwartz Ellison Michaud Watt Messrs. DUFFY, ROGERS of Ala- Clyburn Keating Schweikert Engel Miller (NC) Waxman bama, HUNTER, DENHAM, BROOKS, Cohen Kildee Scott (VA) Eshoo Miller, George Weiner Cole Kind Scott, David Farr Moore Welch TIPTON, TERRY, LAMBORN, Connolly (VA) King (NY) Serrano Fattah Moran Wilson (FL) MCHENRY, ROONEY, and Mrs. Conyers Kinzinger (IL) Sewell Filner Murphy (CT) Woolsey MYRICK changed their vote from Costa Kissell Sherman Frank (MA) Nadler Wu Costello Kline Shimkus Fudge Napolitano Yarmuth ‘‘aye’’ to ‘‘no.’’ Messrs. GARAMENDI, CARSON of Courtney Kucinich Sires Cravaack Langevin Slaughter NOES—243 Indiana, DINGELL, DOGGETT, and Ms. Crawford Larsen (WA) Smith (NJ) Adams Burgess Farenthold SPEIER changed their vote from ‘‘no’’ Crenshaw Larson (CT) Smith (TX) Aderholt Burton (IN) Fincher to ‘‘aye.’’ Critz LaTourette Speier Akin Calvert Fitzpatrick Crowley Lee (CA) Stark Alexander Camp Flake So the amendment was rejected. Cuellar Levin Stearns Altmire Campbell Fleischmann The result of the vote was announced Cummings Lewis (GA) Stivers Amash Canseco Fleming as above recorded. Davis (CA) Loebsack Sutton Austria Cantor Flores Davis (IL) Lofgren, Zoe Thompson (CA) Bachmann Capito Forbes AMENDMENT NO. 6 OFFERED BY MS. WATERS, AS Davis (KY) Lowey Thompson (MS) Bachus Carter Fortenberry MODIFIED DeFazio Lucas Tiberi Barletta Cassidy Foxx The Acting CHAIR. The unfinished DeGette Luja´ n Tierney Barrow Chabot Franks (AZ) business is the demand for a recorded DeLauro Lynch Tipton Bartlett Chaffetz Frelinghuysen Dent Maloney Tonko Barton (TX) Coble Gallegly vote on the amendment offered by the Deutch Marino Towns Bass (NH) Coffman (CO) Gardner gentlewoman from California (Ms. WA- Dicks Markey Tsongas Benishek Cole Garrett TERS), as modified, on which further Dingell Matheson Turner Berg Conaway Gerlach Doggett Matsui Upton Biggert Cravaack Gibbs proceedings were postponed and on Dold McCarthy (NY) Van Hollen Bilbray Crawford Gibson which the ayes prevailed by voice vote. Donnelly (IN) McCollum Vela´ zquez Bilirakis Crenshaw Gingrey (GA) The Clerk will redesignate the Doyle McDermott Visclosky Bishop (UT) Culberson Gohmert amendment. Dreier McGovern Walden Black Davis (KY) Goodlatte Duncan (TN) McIntyre Walz (MN) Blackburn Denham Gosar The Clerk redesignated the amend- Edwards McKeon Wasserman Bonner Dent Gowdy ment. Ellison McMorris Schultz Bono Mack DesJarlais Granger Emerson Rodgers Waters RECORDED VOTE Boustany Dold Graves (GA) Engel McNerney Watt Brady (TX) Dreier Graves (MO) The Acting CHAIR. A recorded vote Eshoo Meehan Waxman Brooks Duffy Griffin (AR) has been demanded. Farenthold Meeks Weiner Broun (GA) Duncan (SC) Griffith (VA) A recorded vote was ordered. Farr Michaud Welch Buchanan Duncan (TN) Grimm Fattah Miller (FL) Whitfield Bucshon Ellmers Guinta The Acting CHAIR. This will be a 5- Filner Miller (MI) Wilson (FL) Buerkle Emerson Guthrie minute vote. Fitzpatrick Miller (NC) Wittman

VerDate Mar 15 2010 04:11 Mar 11, 2011 Jkt 099060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\A10MR7.027 H10MRPT1 tjames on DSKG8SOYB1PROD with HOUSE H1702 CONGRESSIONAL RECORD — HOUSE March 10, 2011 Wolf Woodall Wu Resolution 150, reported the bill back There was no objection. Womack Woolsey Yarmuth to the House with an amendment The SPEAKER pro tempore. The gen- NOES—147 adopted in the Committee of the tleman from Florida is recognized for 5 Adams Guthrie Peterson Whole. minutes. Altmire Hall Pitts The SPEAKER pro tempore. Under Mr. DEUTCH. Mr. Speaker, I present Amash Hartzler Pompeo the rule, the previous question is or- an amendment to this legislation that Bachmann Hastings (WA) Posey dered. Barton (TX) Hayworth Price (GA) will help the seniors who built America Bishop (UT) Heck Quayle Is a separate vote demanded on any from the bottom up. This amendment Black Huelskamp Reed amendment to the amendment re- provides us with an opportunity not to Blackburn Huizenga (MI) Rehberg ported from the Committee of the Bono Mack Hultgren stall this bill, but improve it, right Ribble Whole? here and right now. The contributions Boren Hunter Rivera Brady (TX) Jenkins If not, the question is on the com- Roby of the men and women who became Brooks Johnson, Sam Roe (TN) mittee amendment in the nature of a known as America’s greatest genera- Broun (GA) Jordan Rogers (MI) substitute, as amended. Buchanan Kelly tion should humble us all. Rokita Bucshon King (IA) The amendment was agreed to. As teenagers, Mr. Speaker, they con- Buerkle Kingston Rooney The SPEAKER pro tempore. The Ros-Lehtinen fronted unspeakable evil and endured Burgess Labrador question is on the engrossment and incredible sacrifices during World War Burton (IN) Lamborn Roskam third reading of the bill. Ross (FL) II. In the aftermath of the Great De- Campbell Lance The bill was ordered to be engrossed Cantor Landry Royce pression, their love of country and and read a third time, and was read the Carter Lankford Runyan commitment to hard work created the Chabot Latham Scalise third time. Schilling world’s most vibrant economy. They Chandler Latta MOTION TO RECOMMIT Schmidt were doctors and nurses, teachers and Coble Lewis (CA) Mr. DEUTCH. Mr. Speaker, I have a Coffman (CO) Lipinski Schrader engineers, steelworkers and pipefitters, motion to recommit at the desk. Conaway LoBiondo Scott (SC) secretaries and truck drivers. Today, Cooper Long Scott, Austin The SPEAKER pro tempore. Is the Culberson Luetkemeyer Sensenbrenner gentleman opposed to the bill? they are seniors who deserve to live Denham Lummis Sessions Mr. DEUTCH. I am, in its current their retirement years with dignity DesJarlais Lungren, Daniel Shuler form. and self-sufficiency. Diaz-Balart E. Shuster Unfortunately, throughout the finan- Duffy Mack Simpson The SPEAKER pro tempore. The Duncan (SC) McCarthy (CA) Smith (NE) Clerk will report the motion to recom- cial crisis and this devastating reces- Ellmers McCaul Southerland mit. sion, seniors have often gone forgotten. Fincher McClintock Stutzman For many, their pensions have dried up Fleischmann McCotter The Clerk read as follows: Sullivan Fleming McHenry Mr. Deutch of Florida moves to recommit or come under attack. Their life sav- Terry Flores McKinley ings were decimated by recklessness on Thompson (PA) the bill, H.R. 830, to the Committee on Fi- Foxx Mica Thornberry nancial Services with instructions to report Wall Street. They have not received a Franks (AZ) Mulvaney the same back to the House forthwith with Frelinghuysen Murphy (PA) Walberg Social Security cost of living increase Walsh (IL) the following amendments: for 2 years. Finally, Mr. Speaker, their Garrett Myrick In section 3(b), before ‘‘shall continue’’ in- Gibbs Neugebauer Webster homes, often their last standing pillar West sert the following: ‘‘, and any amounts made Gingrey (GA) Noem of equity and economic security, have Gohmert Nunes Westmoreland available for use under such Program pursu- Gosar Owens Wilson (SC) ant to subsection (d),’’. lost their value through no fault of Gowdy Palazzo Yoder In section 3(c), after ‘‘such enactment,’’ in- their own. Graves (GA) Paul Young (AK) sert ‘‘or pursuant to a commitment to insure The community of South Florida I Graves (MO) Pearce Young (FL) made pursuant amounts made available for am so privileged to represent is home Griffith (VA) Pence Young (IN) use under such Program pursuant to sub- to one of our Nation’s largest popu- NOT VOTING—7 section (d),’’ In section 3, strike subsection (d) and in- lations of retirees. But it is also ground Giffords Marchant Smith (WA) sert the following new subsection: zero for the foreclosure crisis. In 2010, Hurt Poe (TX) Manzullo Reyes (d) CONTINUATION OF PROGRAM FOR SENIOR Mr. Speaker, South Florida outpaced HOMEOWNERS.— the Nation for new foreclosure filings. b 1559 (1) IDENTIFICATION OF AMOUNTS FOR The counties of Palm Beach, Broward, So the amendment, as modified, was REFINANCINGS FOR SENIOR HOMEOWNERS.—Not and Miami Dade have suffered the ma- agreed to. later than the expiration of the 180-day pe- jority of these foreclosures in Florida, riod beginning on the date of the enactment The result of the vote was announced of this Act, the Secretary of Housing and and my office fields calls from strug- as above recorded. Urban Development shall— gling homeowners every day. Stated for: (A) determine the amount necessary to Statewide in Florida, nearly 1 mil- Mr. POE of Texas. Madam Chair, on rollcall provide assistance under the FHA Refinance lion families and seniors have lost No. 169 I was unavoidably detained. Had I Program described in subsection (a) to senior their homes since 2009. Today, nearly been present, I would have voted ‘‘yes.’’ homeowners (as such term is defined in para- half of all Florida homeowners are un- Stated against: graph (3) of this subsection); and derwater on their mortgages. They owe Mr. HURT. Madam Chair, on rollcall (B) submit notice of such determination to banks more money than their homes the Congress that specifies such amount. No. 169, I was unavoidably detained. are now worth. Through no fault of (2) AUTHORIZATION OF APPROPRIATIONS.—Ef- Had I been present, I would have voted fective upon the submission to the Congress their own, thousands of seniors who ‘‘no.’’ by the Secretary of Housing and Urban De- built this Nation face the tragedy of The Acting CHAIR. The question is velopment of the notice required under para- losing their homes. on the committee amendment in the graph (1), there is authorized to be appro- Now, America’s greatest generation nature of a substitute, as amended. priated, for assistance under the FHA Refi- has never been one to ask for handouts, The amendment was agreed to. nance Program referred to in section 2 only and today is no exception. What we The Acting CHAIR. Under the rule, for mortgages for senior homeowners, the have the opportunity to do here today the Committee rises. amount identified in such notice. is to give our seniors a chance—a (3) SENIOR HOMEOWNER.—For purposes of Accordingly, the Committee rose; this subsection, the term ‘‘senior home- chance—to rearrange their deal with and the Speaker pro tempore (Mr. owner’’ means a homeowner who is a mem- their lenders, make their payments, CHAFFETZ) having assumed the chair, ber of a household composed of one or more and keep their homes. The mortgage Mrs. MILLER of Michigan, Acting Chair persons at least one of whom is 62 years of program abolished by the bill needs to of the Committee of the Whole House age or older. be fixed. So let’s start by fixing it for on the state of the Union, reported that Mr. DEUTCH (during the reading). seniors, as my proposal will do. that Committee, having had under con- Mr. Speaker, I ask unanimous consent Before us is a real opportunity to sideration the bill (H.R. 830) to rescind to dispense with the reading. amend these programs for the future. the unobligated funding for the FHA The SPEAKER pro tempore. Is there It will not send this legislation back to Refinance Program and to terminate objection to the request of the gen- committee. It will not stall this bill. It the program, and, pursuant to House tleman from Florida? will simply preserve these mortgage

VerDate Mar 15 2010 04:11 Mar 11, 2011 Jkt 099060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\A10MR7.035 H10MRPT1 tjames on DSKG8SOYB1PROD with HOUSE March 10, 2011 CONGRESSIONAL RECORD — HOUSE H1703 modification programs for seniors and We can’t pay it back because we bor- Cleaver Jackson (IL) Price (NC) open the door to improving these ini- row 42 cents out of every dollar. And Clyburn Jackson Lee Quigley Cohen (TX) Rahall tiatives. let me tell you, a lot of them have Connolly (VA) Johnson (GA) Rangel According to leading economists, grandparents. When you talk about Conyers Johnson, E. B. Richardson high foreclosure rates and our strug- seniors, let’s talk about our children Cooper Kaptur Richmond gling housing sector remain the biggest and our grandchildren. Let’s talk about Costa Keating Ross (AR) Costello Kildee Rothman (NJ) challenge to our economic recovery. In that we’re endangering their future. Courtney Kind Roybal-Allard Florida, with unemployment at 12 per- Mr. Speaker, I yield the balance of Critz Kissell Ruppersberger cent, the real estate industry is so in- my time to the gentleman from New Crowley Kucinich Rush Cuellar Langevin Ryan (OH) tegral to our economy, we must stem York (Mr. GRIMM). Cummings Larsen (WA) Sa´ nchez, Linda foreclosures in order to grow the pri- Mr. GRIMM. Thank you, Chairman Davis (CA) Larson (CT) T. vate sector and create jobs. We can BACHUS. Davis (IL) Lee (CA) Sanchez, Loretta DeFazio Levin Sarbanes begin stabilizing the housing market You know, I just came back from my DeGette Lewis (GA) today and do right by Americans who Schakowsky district in Staten Island and Brooklyn, DeLauro Lipinski Schiff Deutch Loebsack made this country great for every one and I visited several senior centers. Schrader Dicks Lofgren, Zoe of us in this Chamber. And I’ll tell you, the seniors are nerv- Schwartz Dingell Lowey Scott (VA) Seniors answered the call of Uncle ous, they’re worried. You know what Doggett Luja´ n Scott, David Sam every week of their working lives, Donnelly (IN) Lynch their number one fear is? Their number Serrano paying taxes for America’s schools, one fear is that their children and Doyle Maloney Edwards Markey Sewell roads, military and health care. When grandchildren will not have the oppor- Ellison Matsui Sherman asked to serve, these Americans always tunities that they had. I heard count- Engel McCarthy (NY) Shuler said yes. Now, when these same men Eshoo McCollum Sires less story after story that their chil- Slaughter and women are asking for a modest dren are out of work. So when I hear Farr McDermott Fattah McGovern Speier amount of time to renegotiate in good about another failed program, I think Filner McIntyre Stark faith, to prevent foreclosure, to remain of the mandate—and it was a mandate. Frank (MA) McNerney Sutton self-sufficient as retirees, what answer I’m not sure if everyone in this room Fudge Meeks Thompson (CA) Garamendi Michaud Thompson (MS) will this body give them? heard it in this Chamber, but I heard Gonzalez Miller (NC) Tierney Every day, it seems, mortgage lend- it—and the mandate was very simple: Green, Al Miller, George Tonko ers have their day in Washington. cut the spending, grow the economy, Green, Gene Moore Towns Tsongas Every day, Wall Street executives have and create jobs. Grijalva Moran Gutierrez Murphy (CT) Van Hollen their day in Washington. Every day, This program is broken, and to think Hanabusa Nadler Vela´ zquez Mr. Speaker, banks have their day in that somehow suddenly—miracu- Hastings (FL) Napolitano Visclosky Washington. Isn’t it time to give the lously—it’s going to work for seniors is Heinrich Neal Walz (MN) Higgins Olver Wasserman seniors who made America great their outrageous. And I have to tell you, I Himes Pallone Schultz day in our Nation’s capital? cannot, in good conscience, go back to Hinchey Pascrell Waters Let’s make today a day for the peo- my district, go back to those senior Hinojosa Pastor (AZ) Watt ple who rebuilt this country after the centers, look those seniors in the eye Hirono Payne Waxman Holden Pelosi Weiner Great Depression, who started the busi- and tell them that I supported another Holt Perlmutter Welch nesses small and large so important to failed program because someone stood Honda Peters Wilson (FL) our economy, the people who are our up and said, well, it’s for seniors. You Hoyer Peterson Woolsey Inslee Pingree (ME) Wu parents and our children’s grand- can label it any way you want, you can Israel Polis Yarmuth parents, who served our nation, who put anything you want on this, but at made America what it is today, the the end of the day it’s a failed program. NOES—243 people who taught us what it means to And for that reason, I strongly urge Adams Coffman (CO) Graves (MO) be Americans. They’re not asking for my colleagues to support the chairman Aderholt Cole Griffin (AR) credit or recognition or attention, but and end this reckless spending. Akin Conaway Griffith (VA) Alexander Cravaack Grimm we owe it to them to honor their life- The SPEAKER pro tempore. Without Altmire Crawford Guinta times of hard work and responsibility objection, the previous question is or- Amash Crenshaw Guthrie and decency by making it possible for dered. Austria Culberson Hall them to live out the rest of their lives Bachmann Davis (KY) Hanna There was no objection. Bachus Denham Harper with four walls around them and a roof The SPEAKER pro tempore. The Barletta Dent Harris over their heads. question is on the motion to recommit. Bartlett DesJarlais Hartzler Vote ‘‘yes’’ on this amendment. The question was taken; and the Barton (TX) Diaz-Balart Hastings (WA) Bass (NH) Dold Hayworth Mr. BACHUS. Mr. Speaker, I rise in Speaker pro tempore announced that Benishek Dreier Heck opposition to the motion to recommit. the noes appeared to have it. Berg Duffy Heller Biggert Duncan (SC) Hensarling The SPEAKER pro tempore. The gen- RECORDED VOTE tleman from Alabama is recognized for Bilbray Duncan (TN) Herger Mr. DEUTCH. Mr. Speaker, I demand Bilirakis Ellmers Herrera Beutler 5 minutes. a recorded vote. Bishop (UT) Emerson Huelskamp Mr. BACHUS. Mr. Speaker, this is A recorded vote was ordered. Black Farenthold Huizenga (MI) Blackburn Fincher Hultgren simply a procedural measure to stop The SPEAKER pro tempore. Pursu- this legislation which cuts yet again Bonner Fitzpatrick Hunter ant to clause 9 of rule XX, the Chair Bono Mack Flake Hurt another wasteful government program. will reduce to 5 minutes the minimum Boren Fleischmann Issa This program has already allocated $50 time for any electronic vote on the Boustany Fleming Jenkins million and it has only helped 42 Amer- Brady (TX) Flores Johnson (IL) question of passage. Brooks Forbes Johnson (OH) ican families. Do that math. It author- The vote was taken by electronic de- Broun (GA) Fortenberry Johnson, Sam izes $8 billion. That’s at a time when vice, and there were—ayes 185, noes 243, Buchanan Foxx Jones Bucshon Franks (AZ) Jordan this country has a record deficit for not voting 4, as follows: this year. Buerkle Frelinghuysen Kelly [Roll No. 170] Burgess Gallegly King (IA) b 1610 Burton (IN) Gardner King (NY) AYES—185 Calvert Garrett Kingston And yet they don’t get the message, Ackerman Bishop (NY) Carnahan Camp Gerlach Kinzinger (IL) my Democratic colleagues. They sim- Andrews Blumenauer Carney Campbell Gibbs Kline Baca Boswell Carson (IN) Canseco Gibson Labrador ply do not realize this money goes to Baldwin Brady (PA) Castor (FL) Cantor Gingrey (GA) Lamborn the lender, this goes to the banks, Barrow Braley (IA) Chandler Capito Gohmert Lance that’s who the checks are made out to. Bass (CA) Brown (FL) Chu Carter Goodlatte Landry And who pays for it? The taxpayers. Becerra Butterfield Cicilline Cassidy Gosar Lankford Berkley Capps Clarke (MI) Chabot Gowdy Latham And, ultimately, this is who pays for Berman Capuano Clarke (NY) Chaffetz Granger LaTourette it: our children and our grandchildren. Bishop (GA) Cardoza Clay Coble Graves (GA) Latta

VerDate Mar 15 2010 04:11 Mar 11, 2011 Jkt 099060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K10MR7.088 H10MRPT1 tjames on DSKG8SOYB1PROD with HOUSE H1704 CONGRESSIONAL RECORD — HOUSE March 10, 2011 Lewis (CA) Paulsen Scott, Austin Duncan (SC) Labrador Ribble Matsui Pingree (ME) Sires LoBiondo Pearce Sensenbrenner Duncan (TN) Lamborn Rigell McCarthy (NY) Polis Slaughter Long Pence Sessions Ellmers Lance Rivera McCollum Price (NC) Speier Lucas Petri Shimkus Emerson Landry Roby McDermott Quigley Stark Luetkemeyer Pitts Shuster Farenthold Lankford Roe (TN) McGovern Rahall Sutton Lummis Platts Simpson Fincher Larsen (WA) Rogers (AL) McIntyre Rangel Thompson (CA) Lungren, Daniel Poe (TX) Smith (NE) Fitzpatrick Latham Rogers (KY) McNerney Richardson Thompson (MS) E. Pompeo Smith (NJ) Flake LaTourette Rogers (MI) Meeks Richmond Tierney Mack Posey Smith (TX) Fleischmann Latta Rohrabacher Michaud Rothman (NJ) Tonko Marchant Price (GA) Southerland Fleming Lewis (CA) Rokita Miller (NC) Roybal-Allard Towns Marino Quayle Stearns Flores Lipinski Rooney Miller, George Ruppersberger Tsongas Matheson Reed Stivers Forbes LoBiondo Ros-Lehtinen Moore Rush Van Hollen ´ McCarthy (CA) Rehberg Stutzman Fortenberry Long Roskam Moran Ryan (OH) Velazquez ´ McCaul Reichert Sullivan Foxx Lucas Ross (AR) Murphy (CT) Sanchez, Linda Visclosky McClintock Renacci Terry Franks (AZ) Luetkemeyer Ross (FL) Nadler T. Wasserman McCotter Ribble Thompson (PA) Frelinghuysen Lummis Royce Napolitano Sanchez, Loretta Schultz McHenry Rigell Neal Sarbanes Waters Thornberry Gallegly Lungren, Daniel Runyan McKeon Rivera Gardner Olver Schakowsky Watt Tiberi E. Ryan (WI) McKinley Roby Garrett Mack Scalise Pallone Schiff Waxman Tipton McMorris Roe (TN) Gerlach Marchant Schilling Pascrell Schwartz Weiner Turner Rodgers Rogers (AL) Gibbs Marino Schmidt Pastor (AZ) Scott (VA) Welch Upton Meehan Rogers (KY) Gibson Matheson Schock Payne Scott, David Wilson (FL) Walberg Mica Rogers (MI) Gingrey (GA) McCarthy (CA) Schrader Pelosi Serrano Woolsey Walden Miller (FL) Rohrabacher Gohmert McCaul Schweikert Perlmutter Sewell Wu Miller (MI) Rokita Walsh (IL) Goodlatte McClintock Scott (SC) Peters Sherman Yarmuth Miller, Gary Rooney Webster Gosar McCotter Scott, Austin Mulvaney Ros-Lehtinen West Gowdy McHenry Sensenbrenner NOT VOTING—5 Murphy (PA) Roskam Westmoreland Granger McKeon Sessions Farr Manzullo Smith (WA) Myrick Ross (FL) Whitfield Graves (GA) McKinley Shimkus Giffords Reyes Neugebauer Royce Wilson (SC) Graves (MO) McMorris Shuler Noem Runyan Wittman Griffin (AR) Rodgers Shuster ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Nugent Ryan (WI) Wolf Griffith (VA) Meehan Simpson The SPEAKER pro tempore (during Womack Nunes Scalise Grimm Mica Smith (NE) the vote). There is 1 minute left in the Nunnelee Schilling Woodall Guinta Miller (FL) Smith (NJ) Olson Schmidt Yoder Guthrie Miller (MI) Smith (TX) vote. Owens Schock Young (AK) Hall Miller, Gary Southerland Palazzo Schweikert Young (FL) Hanna Mulvaney Stearns b 1637 Paul Scott (SC) Young (IN) Harper Murphy (PA) Stivers Mr. MCINTYRE changed his vote Harris Myrick Stutzman NOT VOTING—4 Hartzler Neugebauer Sullivan from ‘‘aye’’ to ‘‘no.’’ Giffords Reyes Hastings (WA) Noem Terry So the bill was passed. Manzullo Smith (WA) Hayworth Nugent Thompson (PA) The result of the vote was announced Heller Nunes Thornberry as above recorded. ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Hensarling Nunnelee Tiberi The SPEAKER pro tempore (during Herger Olson Tipton A motion to reconsider was laid on the vote). There is 1 minute left in the Herrera Beutler Owens Turner the table. Huelskamp Palazzo Upton f vote. Huizenga (MI) Paul Walberg Hultgren Paulsen Walden AUTHORIZING THE CLERK TO 1630 Hunter Pearce Walsh (IL) b Hurt Pence Walz (MN) MAKE CORRECTIONS IN EN- So the motion to recommit was re- Issa Peterson Webster GROSSMENT OF H.R. 830, FHA RE- jected. Jenkins Petri West FINANCE PROGRAM TERMI- Johnson (IL) Pitts Westmoreland NATION ACT The result of the vote was announced Johnson (OH) Platts Whitfield as above recorded. Johnson, Sam Poe (TX) Wilson (SC) Mrs. BIGGERT. Mr. Speaker, I ask The SPEAKER pro tempore. The Jones Pompeo Wittman unanimous consent that in the engross- Jordan Posey Wolf question is on the passage of the bill. Kelly Price (GA) Womack ment of H.R. 830, the Clerk be author- The question was taken; and the King (IA) Quayle Woodall ized to correct section numbers, punc- Speaker pro tempore announced that King (NY) Reed Yoder tuation, and cross-references, and to the ayes appeared to have it. Kingston Rehberg Young (AK) Kinzinger (IL) Reichert Young (FL) make such other technical and con- RECORDED VOTE Kline Renacci Young (IN) forming changes as may be necessary Mr. HENSARLING. Mr. Speaker, I to accurately reflect the actions of the demand a recorded vote. NOES—171 House. A recorded vote was ordered. Ackerman Critz Himes The SPEAKER pro tempore. Is there Andrews Crowley Hinchey objection to the request of the gentle- The SPEAKER pro tempore. This Baca Cummings Hinojosa will be a 5-minute vote. Baldwin Davis (CA) Hirono woman from Illinois? The vote was taken by electronic de- Bass (CA) Davis (IL) Holden There was no objection. vice, and there were—ayes 256, noes 171, Becerra DeFazio Holt f Berkley DeGette Honda not voting 5, as follows: Berman DeLauro Hoyer UNEMPLOYMENT IN AMERICA [Roll No. 171] Bishop (GA) Deutch Inslee Bishop (NY) Dicks Israel (Mr. JACKSON of Illinois asked and AYES—256 Blumenauer Dingell Jackson (IL) was given permission to address the Adams Bonner Chabot Boswell Doggett Jackson Lee House for 1 minute.) Aderholt Bono Mack Chaffetz Brady (PA) Donnelly (IN) (TX) Akin Boren Chandler Braley (IA) Doyle Johnson (GA) Mr. JACKSON of Illinois. Mr. Speak- Alexander Boustany Coble Brown (FL) Edwards Johnson, E. B. er, last month our Nation created Altmire Brady (TX) Coffman (CO) Butterfield Ellison Kaptur 200,000 new jobs. That’s good news. But Amash Brooks Cole Capps Engel Keating Austria Broun (GA) Conaway Capuano Eshoo Kildee our country needs to create 335,000 jobs Bachmann Buchanan Cooper Carnahan Fattah Kind per month to keep up with population Bachus Bucshon Costa Carson (IN) Filner Kissell growth and to reduce unemployment to Barletta Buerkle Cravaack Castor (FL) Frank (MA) Kucinich what it was before the recession. In Barrow Burgess Crawford Chu Fudge Langevin Bartlett Burton (IN) Crenshaw Cicilline Garamendi Larson (CT) communities like mine, unemployment Barton (TX) Calvert Cuellar Clarke (MI) Gonzalez Lee (CA) is at least 15 percent, and the numbers Bass (NH) Camp Culberson Clarke (NY) Green, Al Levin do not include those who stopped look- Benishek Campbell Davis (KY) Clay Green, Gene Lewis (GA) Berg Canseco Denham Cleaver Grijalva Loebsack ing for a job. Biggert Cantor Dent Clyburn Gutierrez Lofgren, Zoe In order to hear the stories of the un- Bilbray Capito DesJarlais Cohen Hanabusa Lowey employed Americans, I have asked Bilirakis Cardoza Diaz-Balart Connolly (VA) Hastings (FL) Luja´ n them to send me their resumes to Bishop (UT) Carney Dold Conyers Heck Lynch Black Carter Dreier Costello Heinrich Maloney [email protected] so Blackburn Cassidy Duffy Courtney Higgins Markey I can submit them for the RECORD.

VerDate Mar 15 2010 04:20 Mar 11, 2011 Jkt 099060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\A10MR7.017 H10MRPT1 tjames on DSKG8SOYB1PROD with HOUSE March 10, 2011 CONGRESSIONAL RECORD — HOUSE H1705 I heard from Peter Haas of Parlin, Banquet Manager—Managed all banquet func- http://resources.bnet.com/topi/ New Jersey, who said, ‘‘I am sending tions, liquor purchase, inventory, and sales pc+mall+inc,html.com out resumes every day. No response (5 years) Senior Account Manager—For Sales & Mar- from any company out there. I think Directed recruitment and retention of new keting Research and Business Development no company is hiring at all. No re- employees or potential supervisors and cur- Conducted research to identify potential rent employees sponse, not even an email.’’ markets for products and services within the Monitored all sales distribution through- United States Ms. Christine Stumpf of Chicago said out the hotel and customers satisfactory in she’s had only one phone interview in a Consistently demonstrated excellent com- banquet services munication skills, customer service, team- Successfully improved banquet operations year of looking, and she can hardly be- work, and leadership and customer satisfaction within the ban- lieve it. Successfully refined and implemented new quet department Why is it so hard to find work? projects to improve operation and customer Monitored the budget for any banquet Maybe it’s because the unemployed are service function within the client’s arrangement and Prospected and profiled current customers’ not even being considered for many negotiated event jobs. It’s been reported that some com- Quickly and effectively solved customers’ account information through any new panies will not even accept applica- questions, comments, and concerns projects Formulated plans to extend business with tions or grant interviews to those cur- Steward Department Manager—Managed res- new and established customers taurant, banquet, and kitchen supplies (2 rently without a job. Negotiated contracts with customers and years) I hope unemployed Americans will vendors to manage product distributions send me their resumes and stories to Assigned employees to specific duties to Marketed hardware and software products [email protected] to maintain quality service throughout the for customer solutions via e-mail and tele- keep stories of the unemployed in front hotel phone Ensured all health regulations are main- of our government, in front of Demo- Directed and coordinated activities involv- tained and updated within the establishment ing sales of manufactured products or other crats and Republicans. Tracked inventory stock and reordered as subjects of sale PETER HAAS inventory dropped to a specific level Visited franchise dealers to stimulate in- Responsible for restaurant, kitchen, and 14 Skytop Gardens Apt. 4 terest in establishment or expansion of leas- banquet supplies within the Waldorf Astoria Parlin, NJ 08859 ing programs Cell: (949) 878–1953, Coached steward supervisors on manage- ment and communication skills within the Represented company at trade association Home: (732) 588–5145, meetings to promote products and company E-mail: [email protected] department Responsible for scheduling, budgeting, and services SIGNIFICANT EXPERIENCE: training employees for safety regulations, SCHOOL EDUCATION AND CERTIFICATIONS 11/89–03/2006 THE WALDORF-ASTORIA IN NEW YORK standards within the steward department Hotel & Resort Hospitality Administra- HILTON HOTEL Performed weekly department meetings to tion, Graduate School—Manhattan College, Director—Food & Beverage Operations (6 years) evaluate ways to improve service standards New York City Assessed company staffing needs and re- Ensured that all requisitions and services New York Hotel & Motel Trades Council— cruited staff through various methods are completed according to Hilton Hotel Professional Labor & Delegate Training Pro- Coordinated the successful and complete policies and standards gram Maintained acknowledged all sanitation, training for 140 or more employees within Master’s Degree in Electrical Engineering, dishwashing maintenance, and safety stand- the establishment Institute of Electrical Engineering College, ards Successfully trained team members on cus- Austria—Graz tomer service, teamwork, and leadership in (MOST RECENT EXPERIENCE: 04/06–03/09) Professional Sales & Marketing Asset Man- the hotel 04/2006–01/2008 ECOLAB CORPORATION IN AUSTRIA- agement, Graduate School, Germany—Ham- Assisted with training, monitoring, and de- VIENNA burg BMG veloping employee skills within all service (Moved to Vienna to be near family when Professional Institute of Graduate School, departments mother ill) Masters of Electrical Building Engineering, Implemented policies and procedures for http://www.ecolab.com/ Austria—Graz the restaurants, bars, and banquets within District Manager—For Hospitality Services & SPOKEN LANGUAGES: the Waldorf Astoria Business Development Monitored compliance with health and fire German & English—Some Spanish Contacted strategic business and oper- regulations regarding food preparation and PROFESSIONAL EXPERIENCE serving, and building maintenance in lodging ational projects, managed public and invest- 2010 TO PRESENT—EXAMINER.COM, CHICAGO, IL and dining facilities ment relationships, prepared presentation, Performed all aspects of marketing and and developed business plans directly for the Chicago Community Life Examiner promotions for restaurants, bars, cocktail CEO Write online articles about events, places Managed 90–110 employees and engaged in lounge, and banquets and people in Chicago frequent customer contact, collaboration, Reviewed operational procedures to deter- 2007 TO 2010—INTERPARK (RETAIL PARKING COM- mine ways to improve services, performance, and feedback Planned and directed staffing, training, PANY, A SUBSIDIARY OF GENERAL ELECTRIC), and safety and performance evaluations to develop and CHICAGO IL Estimated food, liquor, wine, and other control sales and service programs Executive Assistant beverage consumption to anticipate amounts Appointed as lead trainer for all company to be purchased and used for food & beverage Supported six key executives including the products and services within the establish- operations within the hotel general counsel and the heads of asset man- ment Successfully maintained and updated food, agement, acquisitions and dispositions, and Recommended the correct use of proper engineering wine, liqueur, and equipment inventories in chemicals and products in customers’ envi- a monthly time Made travel, meeting and conference call ronment arrangements; managed calendars for every- Monitored budget and payroll records and Maintained basic knowledge of operation, one in the department review financial transactions to ensure that cleaning, and maintenance of various dish- expenditures are authorized and budgeted Processed expense reports and check req- washing machines and equipments uisitions for each member of the team; per- Restaurant Manager—Managed restaurants, Reviewed operational records and reports formed billing and collection projects bars, fine dining, and casual dining (5 to project sales determine profitability years) Formulated plans to extend business with Created marketing presentations, forms, new established customers directories; typed documents and cor- Coached assistant managers and super- respondence for the team visors on management and communication Managed all customer accounts in sales and marketing for better business develop- Processed legal, real estate and human re- skills sources issues Successfully maintained all service stand- ment Arranged weekly department meetings to Did on-going research projects related to ards according to Hilton Restaurant services company’s many real estate holdings and policies improve customer service and satisfactory Reviewed monthly forecast and reports Assisted with closings by coordinating and Trained, supervised and evaluated new typing large volumes of legal documents staff for restaurant operation and services how to expand customer’s needs and solu- Monitored restaurant sales activities to tions Key Accomplishments: ensure customer satisfaction and service 02/2008–03/2009 PC-MALL CORPORATION IN IRVINE, Reorganized, catalogued and maintained Maintained quality control by evaluating CALIFORNIA confidential departmental electronic and satisfaction records with restaurant sales (Took position due to downturn in hospi- hard files (legal and corporate documents) and constantly sought new ways to improve tality employment opportunities. Although Created online picture gallery of properties employee performance and service successful, too much travel involved.) for company-wide use

VerDate Mar 15 2010 05:17 Mar 11, 2011 Jkt 099060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K10MR7.095 H10MRPT1 tjames on DSKG8SOYB1PROD with HOUSE H1706 CONGRESSIONAL RECORD — HOUSE March 10, 2011 Reduced costs by finding ways to save 1997 TO 2000—TMP WORLDWIDE (FORMERLY LAI) Washington that we maybe aren’t fa- money, including subscription consolidation (EXECUTIVE SEARCH), CHICAGO, IL miliar with here, particularly our and bulk ordering Administrative Assistant freshman Members. The first word is Oversaw implementation of IT processes Coordinated travel, meetings, conference ‘‘entitlements.’’ (i.e., Instant Messaging) to boost team effi- calls; scheduled candidate interviews; main- I’m an engineer by training, so ‘‘enti- ciency and trained team tained recruiters’ calendars tlements’’ you could think of as a ma- 2005 TO 2007—FISHER AND SHAPIRO, LLC (BANK- Handled expenses for consultants, can- chine. In fact, it’s a little bit like those RUPTCY AND FORECLOSURE LAW), CHICAGO, IL didates; invoiced clients; paid bills machines in bathrooms, and when you Executive Legal Secretary Prepared marketing presentations; typed put your hands in front of them, they Supported attorneys, helped head account- correspondence, resumes, contracts spit out those brown paper towels you Assisted partner with entrepreneurial ant, processed evictions and assisted with see. In fact, the entitlements we’re real estate closings; planned events; main- start-up businesses including extensive Internet research and study talking about here spit out dollar bills. tained office needs What happened is a legislator or a leg- Opened files; prepared court documents; 1995 TO 1997—RUSSELL REYNOLDS ASSOCIATES billed clients; sent out mailings; handled (EXECUTIVE SEARCH), CHICAGO, IL islature maybe 30 years ago created calls Administrative Assistant some bill which automatically gives money to certain people who come and Served as a closing assistant: Opened and Coordinated travel, meetings, conference processed closing files, interacting with cli- calls; scheduled candidate interviews; main- put their hands in front of the ma- ents, title companies, real estate brokers, at- tained recruiters’ calendars chine. Of these entitlements, the big- torneys, closers; created and maintained Handled expenses for consultants, can- gest ones are Social Security, Medicare hard files and database; ordered title and didates; invoiced clients; paid bills and Medicaid. These are programs that other pertinent documents; typed closing Prepared marketing presentations; typed have been around for quite a while, but documents; billed and closed files correspondence, resumes, contracts they’re a little bit like that, if you Served as an eviction specialist: Opened EDUCATION and processed eviction cases from start to think of them as things that spend finish, interacting with clients, attorneys, Associate’s Degree in Science, Clinical Die- money automatically. So those of us title companies, real estate brokers, county tetic Technology, Kettering College of Med- here on the floor of the Congress talk clerks and sheriffs; researched foreclosure ical Arts, Kettering, OH about whether we’re going to fund this cases; created and kept hard files and data- Northern Illinois University, 2 years, or fund that or how we’re going to run base current, including client websites; cal- DeKalb, IL the government. These things were cre- culated bills and invoiced clients; closed Triton College, 1 year, River Grove, IL ated a long time ago, and they just cases SKILLS keep on running and spending money. Key Accomplishment: Computer programs and applications in- Those are called ‘‘entitlements.’’ Saved thousands of dollars by identifying clude: Windows MS Office (Word, Excel, There is another thing that is like accounting errors while assisting head ac- PowerPoint, Outlook); Lotus Notes; DOS the entitlements, and it is the interest countant with monthly balancing of the WordPerfect & Lotus 1–2–3; DeltaView, on our debt. When the U.S. Govern- books Workshare; CMS, PerfectPractice, Mortgage ment issues a Treasury bill, the Treas- Computer, Vantive, AS 400, DataBase IV; 2003 TO 2004—MID-NORTH FINANCIAL SERVICES, Etrack; Bloomberg; RE/Xplorer, eMLS; ury bill is supposed to pay some inter- INC. (COMMERCIAL MORTGAGE LOANS), CHI- Internet research (including est. It’s a little bit like that machine CAGO, IL Munistatements), etc. in that it spits out some dollar bills. It, Assistant Loan Servicing Officer Typing speed 80+ wpm like an entitlement, is something Processed insurance portion of new mort- Transcription: shorthand, dictaphone that’s spending money. gage loans and served as liaison between f Now, here is the thing that I think is company, borrowers and insurance agencies frightening, and I think you’ll think Paid insurance premiums and claims b 1640 it’s frightening as you give this a little Analyzed escrow accounts and filed quar- THE U.S. ECONOMY bit of thought, and this isn’t sometime terly and annual reports The SPEAKER pro tempore (Mr. way out in the future but, rather, just 2001 TO 2002—NEAR NORTH INSURANCE/NEAR ULTGREN this year. If you add up the Social Se- NORTH TITLE, CHICAGO, IL H ). Under the Speaker’s an- nounced policy of January 5, 2011, the curity, the Medicare, the Medicaid, and Sales Assistant/Marketing Representative gentleman from Missouri (Mr. AKIN) is the other entitlements—there are some Supported Director of Marketing and staff recognized for 60 minutes as the des- other smaller entitlements—and if you in promoting and generating business ignee of the majority leader. put those together with the interest on Participated in sales calls, presentations, our debt, it comes to $2.2 trillion. I meetings and oversaw successful client Mr. AKIN. Thank you, Mr. Speaker. We are going to talk for a little while don’t know what $2.2 trillion is in events; distributed client gifts/promo items; terms of trying to visualize the money, sent out mass mailings; handled client or- here this afternoon about a subject ders that is on, I think, everybody’s minds but it’s very easy to visualize this. $2.2 regardless of their political affili- trillion is also the total revenue that Key Accomplishments: the Federal Government brings in in Reduced the problem of work overload in ations. The more we look at it, the more significant it seems to be—in taxes, so that makes it easier to see. In the typing pool by volunteering to type title other words, these entitlements and commitments and policies during slower fact, the more frightening it seems to the interest on the debt, $2.2 trillion, is times be. It is the simple situation with our the same thing as the revenue that we Reorganized the hard files in the Mar- economy and the level of what the gov- keting Department get in from taxes. ernment is doing in the ‘‘spending Now, why is that frightening? 2000 TO 2001—U.S. BANCORP PIPER JAFFRAY money’’ department. This, of course, It’s because it doesn’t include two (INVESTMENT BANKING), CHICAGO, IL ties into the job situation in America. other things: the defense budget and Executive Assistant The many people who are looking for what’s called non-defense discre- Supported two investment bankers and an work, some of the businesses that are tionary. analyst in the public finance sector by gener- struggling as well as the families who So what are these two things over ating municipal transaction and sales bul- are struggling, all of it is tied together here? letins in the economy. It is also, of course, The defense budget is pretty obvious. Tended calendars; arranged travel, meet- tied to the Federal Government and its ings and conference calls Obviously, it’s tanks and airplanes and Performed check requisition and expense spending. ships. It’s men with rifles, and it’s our reporting What I’m going to try to do is paint national security. That’s a piece of Typed correspondence, regulatory con- a picture in simple terms. Sometimes that, and you can see that it’s almost tracts and proposals economists make things seem a little $700 billion. Then non-defense would be Prepared marketing presentations bit too complicated. This doesn’t have things like the building that we’re in. Key Accomplishments: to be so complicated. In fact, the less It would be the Capitol building. It Reorganized the bankers’ filing systems complicated it is, the less frightening would be the Federal parks. It would be Performed special research projects uti- it becomes. So, first of all, I’d like to the Federal prisons. It would be the De- lizing the Internet and Bloomberg terminals talk about some words that we use in partment of Energy or Commerce or

VerDate Mar 15 2010 04:20 Mar 11, 2011 Jkt 099060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\A10MR7.025 H10MRPT1 tjames on DSKG8SOYB1PROD with HOUSE March 10, 2011 CONGRESSIONAL RECORD — HOUSE H1707 Justice or Education. All those dif- times we lower them—what the experi- The problem is you can’t fix it by ferent government things that we ence of the Federal Government has getting more revenue in. And so what’s spend money on are in this non-de- been is that our revenue kind of comes your alternative? fense. in at this 18 percent average. So you The alternative is the uncomfortable In other words, if you want to bal- say, Well, look. We’ve got way too fact that America cannot continue to ance the budget today, what do you much spending and not enough revenue afford these entitlements. have to do? coming in, and we need an extra $1.5 Now, of course, that’s radioactive to What you’d have to do would be to trillion in revenue, so we’re going to say that politically. I am surprised I cut defense to zero: not one soldier, not just raise taxes about 30 percent. The haven’t been hit by lightning yet. But one rifle left, not one uniform. You cut trouble is, if you do raise the taxes, that is, unfortunately, the pure mathe- that to zero, but that’s not enough. you don’t get more revenue coming in. matics of it. Now, there are some peo- Then you’d cut the rest of the stuff the That’s sort of a weird thing, isn’t it? ple in politics, they like to sugarcoat government is spending money on. Let’s talk about that for just a minute. things and may not tell you absolutely You’d close this building down, the Why would it be that if you raise all the truth, but those are the facts. Capitol. You’d close the Senate and the taxes the government wouldn’t get That’s where we are. House down. You’d close down the Fed- more revenue? Now, how are you going to deal with eral parks. You’d close down all of The reason is, if you tax the economy these things? None of us really know. those different departments, those of to a certain degree, then you start to We have a bunch of ideas. We are strug- Commerce, Justice, Education, Energy, collapse the jobs and the economy. The gling with how you are going to do it, and all those things. You’d close them economy goes south. When it does, it but there are a lot of people that are all down. When those are all zero, you stalls, and you don’t get as much tax dependent on these entitlements. Yet, will have a balanced budget. revenue. Think about it this way. I’d the money is not going to be there. How is that going to work? Not very like to explain it by just having you We can’t keep borrowing money from well. picture yourself, if you will, as being the Chinese to pay for these things be- That’s why I say what we’re dealing king for a year and that your job is to cause sooner or later what’s going to with is a far bigger problem than, I be- try to raise some tax revenue for your happen, the interest rates will go up on lieve, most Americans are aware of. If kingdom. that money, and the whole Nation will you think about that, you ask: How in b 1650 be bankrupt. the world can our government and how And the only thing you can do is to And I don’t quite know what that can America continue when we’re tax a loaf of bread. And so you start would look like. What does it look like doing this? thinking in your mind about this. You if you picture, you get up one morning As I’ve said, I’m a conservative Re- say, well let’s see, in my kingdom they and you find out that the dollar bill publican. These aren’t Republican or eat a lot of bread. So I could just tax a doesn’t work any more? You go to your Democrat numbers. These are just the loaf of bread for just 1 penny a loaf. grocery store and it seems like every- numbers. This is just our country. This Or you could say to yourself, ha, I thing stopped moving. The trucks is a country that we inherited. This is know how to get a lot of taxes. I am aren’t moving and you can’t get food really our country, and these are what going to put a $10 tax on every loaf of for the shelves because the trucks the numbers look like. So this is pretty bread. But you think, yeah, but I bet don’t have gas. The whole thing just frightening. What that means is we’re nobody would buy any bread if we did kind of comes to a stop because the going into debt, deeper and deeper into that. dollar bill, the whole country has gone debt at an incredible rate right now, So your common sense would say bankrupt. trying to do something that mechani- somewhere between a penny and $10 for I don’t know what that looks like. I cally, economically, mathematically that loaf of bread, there is going to be don’t think it’s particularly pretty, but just will not work. That’s the nature of an optimum tax. If you raise it or that’s going to be the picture if we the problem. lower it either way, you won’t get as don’t deal with this problem. So, if anybody has a little bit of much money raised in taxes, and that’s What I am suggesting is that, first sense of intuition, if anybody has a what’s going on here. off, what we have to do, every one of us good American spirit, one of the first You can raise the tax rate, but what as Americans, we have to educate our- things you ask when you see a good happens is people find out ways to selves on the simple facts. You don’t problem is: Oh, how can we fix the avoid it. The economy stalls and so, in have to be a wizard on the budget or problem? Because this is something all fact, your revenue starts to fall off, and economics; all you have to realize is of us have to deal with. Let’s take a you don’t get any more money in. Of that the entitlements are using up all look at what the possibilities are. course, the problem is your spending is of the tax revenues. That’s a problem. The real possibilities remind me a still going like mad. Plus the entitlements are also growing, little bit of all of these kinds of funny So the solution to this problem isn’t and you don’t really have flexibility to weight-watching programs that are out even as easy as trying to lose weight. raise the taxes too much more. there. I always think it’s sort of inter- You really don’t have two alternatives. Let’s take a look at the problem a esting when people say they’re going to What you have is really one alter- little bit more closely. This is a picture go on a low-carb diet or this diet or native, and that alternative is you of what’s going on relative to the na- that diet or something. When you come have got to get these entitlements tional defense. I am on the Armed to be a little bit older, such as I am, under control. Services Committee. We have spent 10 you’re really faced with two realities. Now, the fact of the matter is that years, all kinds of hearings, listening You either get more exercise or you even if you look at a snapshot of this to what the Russians do, what the Chi- don’t eat so much. It’s about that sim- year, you have to get the entitlements nese are doing, what the different ple. You don’t have to have a lot of under control, but particularly this threats are, and also understanding the fancy dietary programs. graph shows that the entitlements logic of why America has a strong na- This situation suggests that it’s kind here, these are just three of them, the tional defense, why that buys us a of simple. It’s either don’t spend as big ones, Medicaid, Medicare, Social great deal. much money or tax everybody a whole Security, that these entitlements are You might ask yourself why in the lot more. The trouble is, in this situa- growing rapidly over time. world do we have nuclear aircraft car- tion, the ‘‘tax everybody a whole lot So even if we went to the scenario up riers. What exactly do they do, because more’’ doesn’t really work. Let me ex- here, and we got rid of defense and non- other countries that are allies of ours, plain why it doesn’t. We’ll take a look defense spending, and we balance the they don’t have ships like that. Why at another chart. budget with the government spending would we? Well, the reason is because if What happens to our economy is that nothing, except just entitlements, even you think about America and the globe we have these different taxes that we if we did that, in a couple of years you find that America is sitting there run. In spite of all the different taxes— these entitlements are going to eat our a little bit to a degree by itself, a little sometimes we raise them and some- lunch. bit of an island. And our two main

VerDate Mar 15 2010 04:20 Mar 11, 2011 Jkt 099060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K10MR7.096 H10MRPT1 tjames on DSKG8SOYB1PROD with HOUSE H1708 CONGRESSIONAL RECORD — HOUSE March 10, 2011 trading partners, which is Europe and If the loaf of bread is overtaxed, peo- you want jobs, you’ve got to have em- all the way around to China and Japan ple won’t buy much of it, and you ployers. If you tax small business into and India, those trading partners are a won’t get that much tax. If you put a the dirt, you won’t have as many jobs. considerable distance around the thousand-dollar tax on a loaf of bread, And so you can’t have it both ways. If world. nobody would buy any. Golly, you have you want to allow small business own- And it is in our interest because of got nice, high taxes. Should you have a ers to keep enough money that they all of the things that we buy that are lot of money coming in? No, because it can invest in their business, you can’t traded that we protect those trade doesn’t make sense. That’s what this tax them very, very heavily. routes from some hegemon that might chart is showing: That as the taxes ac- And so the deal was here, you change want to cause trouble. So we have tually come down, you actually get capital gains, dividends and death things like our Navy and our nuclear- more revenue with the government. taxes. That freed money up for small powered aircraft carriers so that we Has this actually been proven to hap- businesses to invest. Now look what can go to the other side of the world pen? Yes, historically it has. There are happened. This is the GDP, or the and conduct operations and not to several times when it did. growth of our economy. Here’s the tax worry about fueling these things up. And those times were, first of all, cut. These average about 1.1 percent of That’s the reason why we have a lot of when JFK inherited not a very good GDP. And then here after that tax cut, national defense. This started a long economy, I mention this because JFK this thing averages 3.5 percent. This, time ago, and you can see this blue line was obviously a Democrat, a Democrat then, is the result of generating a lot here talks about our defense and President. He understood these prin- more money for the Federal Govern- what’s going on with defense spending, ciples, and when the economy was bad, ment. and then what’s going on with entitle- what JFK did was he decided to cut So when business is doing well and ments. taxes. when people are being employed, when You see entitlements back here in Now, doesn’t that seem like an odd people have good job markets and the 1965, this is just Medicare, Medicaid, thing? The economy is bad. The gov- economy is strong, not only do indi- and Social Security. This chart says ernment needs more money, and yet he vidual citizens prosper, the Federal it’s 2.5 percent of GDP. You see defense cuts taxes. What an odd thing to do. Government prospers. It gets more is much, much higher, it’s jumped up Yet it certainly worked. It worked money. So let’s take a look at this to above 9 here. beautifully. question. And we’re going to look at So how did it work? But then over time these entitle- this exact same graph. This is May of Well, over a period of time by putting ments are going up. That 9.9 percent is 2003 when those tax cuts went into more money back in the economy, the place; they were called the Bush tax low because it doesn’t add all of the en- people that were small business owners titlements. That’s just three of the big cuts, as you recall. took the money, invested in their busi- Here’s the chart on employment, job entitlements, and defense spending is nesses, and they built warehouses, new creation, before and after tax relief. going down. So people that say, well, machines, new technology, new re- You see here, these lines, anything aren’t you open-minded, shouldn’t we search to develop better products. going down means we lost jobs, and so be cutting defense and cutting other As their businesses grew, they hired you’re seeing we’re losing a lot of jobs things as well? more people. And as they hired more in the front end when we were in the The answer is no, not really. Because people the government got more tax recession. Then as we did some tax cuts you see any freedom that you enjoy in revenue. The economy got better and in here, it helped a little bit. But still this country isn’t worth anything if we better, and as the economy got better when we do this tax cut, take a look at are being attacked by an enemy and they made more money. So the result how things turn around; and this is the there are bombs falling and there is was, by actually cutting taxes, particu- average loss of 100,000 jobs per month, chaos all around us. Our national de- larly cutting taxes in certain ways, this is a gain of 168,000 jobs a month fense provides us with what we enjoy in that is you cut taxes on the people that after this tax cut goes into place. a peaceful and decent world to live in. own the businesses, when you do that, So, you can see where I’m going. I’m As you see, the defense budget is you can actually pick an economy up starting to get to a solution to this going down and yet the entitlements and get it going so you get more rev- problem, and there are really two are going up. So this gives you a sense, enue coming in. pieces of solution. And so let’s take a again, that you can’t fix this by cut- b 1700 look at the final chart here. This is ting defense. You could cut defense to government revenues. Again, May of zero and you still are not going to deal What we’re getting at is the part of 2003: Capital gains, dividends and death with the problem here. the solution to the problem that we tax. So this tax goes into place. Here is another way of saying that talked about in the very beginning. This is the Federal revenues coming you can’t really fix the problem by And the solution is two-fold. The first down here from 2 trillion down to 1.9 raising taxes. This is a curve of the is fairly obvious: We have to cut spend- down to 1.8. Revenues are going down. very highest marginal income rate, ing. And particularly we must cut The country is in a recession. We do back here in 1960. If you were very these entitlements in some way. The the tax cuts. And take a look at gov- well-to-do, your tax rate is 90 percent. second thing, though, is that you don’t ernment revenue. Government revenue So if you earn $1, you give 90 cents to have to cut them entirely. What you takes off. Because the economy is the government. can do probably is also to some degree starting to strengthen now, so are the Well, you can imagine the people grow your way out of the problem. revenues for the Federal Government, 4 that are making a whole, whole lot of In May of 2003—George Bush had been straight years of increases right after money aren’t dumb enough to give 90 elected in 2001, the same time I was the tax cut. What an odd thing. You cents out of a dollar away. So what elected—and when we came in, there might not have expected that. they find a way to do is move to an- was a recession going on. You can see What does that say then about our other country, or they find different that reflected in some of these graphs. problem overall? Coming back to our tax shelters and things to avoid paying This is the time period of 2001 on up to first chart here then, the problem is this. But, anyway, you have this very about 2006. This chart is a little bit old, that the entitlements are eating our high tax rate here on the people that but it makes an interesting point. And lunch. Entitlements are taking every- are very well-to-do. so this is the gross domestic product thing that the Federal Government These lines show how much revenue before and after tax relief. The tax re- has. comes into the Federal Government. lief is this vertical line right here. This And so the solution is what? Well, You see, as this highest tax rate is de- was not a particularly popular tax. It it’s two-fold. First of all, we’re going to creased, that’s the red line, what you was a tax relief to get rid of capital have to reduce the amount of spending see is that actually the revenue that gains, dividends and get rid of the here, reduce spending anywhere we the government is collecting goes up. death tax. can, for that matter, particularly in This is reflecting that same idea that People say, well, those are taxes that this sector, because a lot of the spend- we talked about, the loaf of bread. favor the rich. Well, the problem is, if ing over here creates a tremendous

VerDate Mar 15 2010 04:20 Mar 11, 2011 Jkt 099060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K10MR7.098 H10MRPT1 tjames on DSKG8SOYB1PROD with HOUSE March 10, 2011 CONGRESSIONAL RECORD — HOUSE H1709 amount of red tape and regulations for Federal Government, we’re supposed to in the Civil War. After 4 years, Abra- businesses. If we can reduce the red provide for the common defense. First ham Lincoln writes his second inau- tape and regulations on businesses, if of all, the job of the Federal Govern- gural address, and he references the we can also cut taxes on businesses in ment is to protect our country. Any fact this war is more miserable, there certain specific ways, you can start to other rights you have mean nothing if has been more suffering, and it has get this economy growing again. you’re being bombed and people are at- been much, much worse than anybody And if you do that, then what starts tacking your shorelines. imagined it would be. to happen is instead of having 2.2 tril- The main job of the Federal Govern- So what’s the point? The point was lion in terms of receipts from the Fed- ment is to provide for the national de- that there is this gorilla in the room eral Government, they will start to go fense. A lot of these other things, they that the leadership failed to deal with, up. We will get more tax revenues so might be nice. They’re probably, even and the results were absolutely hor- we have less debt, and so we both re- though they’ve been around for genera- rible. Statistics don’t touch your duce here, but we also grow our way tions, not constitutional because heart, but statistics also are helpful to out of the problem. they’re not specifically enumerated know. Six hundred thousand Ameri- And so that’s the general strategy powers of the Federal Government. cans died in the battles of the Civil that I think most any economist would And what we’re seeing happening, what War. That is more than all of the say that you’re going to have to do was a safety net has become a way of Americans killed in all the wars of our faced with the problems. Now, of life for huge blocks of our citizens. past other than the Civil War. course, there’s a whole lot of politics, And we’re getting to the point where, But the stories that come from that as you can imagine, that’s involved in in fact, we are and have arrived at the war are even more compelling. I recall these questions and these issues. point where the numbers don’t work. one that every time I think of it, it The politics are, the main political America’s solvency, everything you puts a face on the Civil War. There was a Northern unit that was trying to questions would be, first of all, what and I think of as America, is up for take a position occupied on some high- should the Federal Government do? Is grabs. This is a very, very sober mo- er ground by a Southern unit. The it really the job of the Federal Govern- ment for our country. Northern unit seemed like they had the ment to get involved in education per I would ask you to, if you will, just South just wavering. They were about se? Or is that something that should be pretend in your mind, pretend that you to be able to take the hill, and there done at the local level? Is it really the were a Congressman or a Senator in was a young officer at the top of the Federal Government’s job to get in- the year 1850. In the year 1850, you hill who would reappear, almost not volved in flood insurance? Is the Fed- might recall, there was this 10,000- worried about his own safety. He would eral Government to be involved in pro- pound gorilla in the tent. People politi- reposition his Southern troops, and viding loans to people? Is that really cally didn’t quite know what to do they would settle down and fight the the job of the Federal Government? with it. It was called the issue of slav- North back. They fought back and What really is the job of the Federal ery. And the way politics was working, Government? That is the biggest polit- forth a number of times until the offi- you had the Southern guys and the cer of the Northern unit remembered ical question here and what we argue Northern guys, and so the power was about quite a lot, and with good rea- he had an older man who was an excel- somewhat divided, and the people that lent shot with a rifle. He said: There is son, because that is the big question. were Congressmen and Senators didn’t As you recall, there was a nation a young officer up there that is really know what to do with this huge gorilla the one who is holding this hill, and I that believed that the job of their fed- which we call slavery. They didn’t eral government was to provide you want you to use your great marksman- know what to do with the issue, so ship ability, and I want you to take with a good education, to provide you they sort of tried to step around it the with health care, to provide you with a that officer out. best they could politically. And they So the next time that young officer home and some food, provide you with said, well, we’ll let one State come into showed himself, this crack marksman a job and a future. It was the federal the Union, and it will be a free State, shot him. And the young officer, the government’s job to do those things. and then we’ll let another one come in, Southern officer, dropped dead on the And that particular nation went into and it will be a slave State. They tried spot. The Northern troops moved up the dustbin of history. to make a compromise instead of deal- and by the time they took the position, And we thought, as the Soviet Union ing head-on with a massive problem the marksman went over to see who he collapsed, oh, that will never work. that they had. shot. He realized he had shot his own That’s communism. Communism son. He was so distraught that he just doesn’t work very well. Socialism b 1710 stood up and ran across the field where In 1852, there was a book, ‘‘Uncle doesn’t work very well. And yet, here, the Southern army was shooting, and Tom’s Cabin,’’ and it increased the years later, in America, we’re thinking he was killed by rifle fire. the Federal Government should be pro- rhetoric and the tension of the slavery That is a little personal tragedy. The viding health care, the Federal Govern- issue. So the issue of the gorilla was Civil War was full of those. But they ment should be providing housing, the now glowing, and he is there and he is are full of them because there was a Federal Government should be pro- threatening. By 1857, the terrible deci- leadership failure to deal with the cri- viding food, the Federal Government sion from the Supreme Court, the Su- sis that America had to deal with, and should make sure that you have a job, preme Court again decided to act like they didn’t do it, for whatever reason. the Federal Government should be legislators. Instead of just interpreting Today, we also have a crisis that is doing this and that and the other the law, they decided to create law. right here in front of us. And as Ameri- thing. And so we’re wondering why They decided in Dred Scott that Dred cans start to understand where we are we’re starting to get in trouble. Scott was not really a person, he had with the budget, we also have to deal Now that’s a debate. What should the to go back to slavery, et cetera, he was with this thing. The face on our entire Federal Government be doing? Should property. They made other decisions economic system collapsing could be it be doing all these entitlements? that the Congress couldn’t decide very ugly indeed. Well, if you go to the U.S. Constitu- whether new States coming in were And so my point of being here on the tion, you would find out, well, no, in slave or free. So now this whole great floor today is not to be particularly fact, a lot of these things are unconsti- big slavery gorilla was really ready to partisan, but simply to acknowledge tutional. The Constitution says that storm out and cause trouble. that the numbers don’t work. Now I the only things the Federal Govern- President Lincoln, the first Repub- have to be somewhat partisan because ment can do are the things which are lican President, is elected. The South our President submitted the 2012 budg- specifically enumerated. Well, what’s knows he is against slavery. He gets on et. The 2012 budget is irresponsible be- one of the main ones enumerated? the train, and he hasn’t even gotten cause it refuses to deal with these Well, you don’t have to read past the, here to Washington, D.C., and the mathematics. It pretends that it is a not only the first page, it’s in the first Southern States start to secede. Amer- budget but it never deals with entitle- paragraph, it’s in the Preamble. As a ica, like a train going off a cliff, starts ments, for whatever particular reason,

VerDate Mar 15 2010 04:20 Mar 11, 2011 Jkt 099060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K10MR7.101 H10MRPT1 tjames on DSKG8SOYB1PROD with HOUSE H1710 CONGRESSIONAL RECORD — HOUSE March 10, 2011 and tries to kick the can down the very flat and cold. The idea would be the stuff down into sort of a primitive road, pretending that the gorilla is not you could bring drilling rigs when it is asphalt. They’ve then taken the as- there. That we cannot do. frozen solid, drill down there and pull phalt, mixed it with gravel and used it The fact is that we are overspending. them out before it is thawed. You have to asphalt some roads. You may think, We are overspending at a horrendous a pipe, and you would pump the oil out that must be a smelly road, but it’s rate, and something has to be done. So of that area. And you could pull the not. It doesn’t have the smell anymore America now faces a great challenge in pipes out later after the oil is tapped because of the temperature and the the next couple of years as to how are out. Why are we not drilling? changes chemically. So now they’re we going to deal with this problem. Why is it, on our Continental Shelf, testing out a section of highway that’s As I said before, the solutions are not foreign nations are coming onto our been made with pig manure. He has simple. In fact, the solutions are sim- Continental Shelf and drilling for oil this thing designed so that it’s not that ple, they are just not easy. I think and we are not? That just doesn’t make big a unit so you could put different Ronald Reagan said that. The solution sense. ones of these units in areas where there is simple, but it is not easy. The simple So there are some policies that kind are pig farms and they could bring over part is we have to cut the spending. of come over in this area where Amer- their pig manure and get paid for it The simple part is we need to grow the ica can do some things to get our econ- and still make a profit on selling the revenues of the government by getting omy back in shape. We can cut a lot of asphalt. the economy and the jobs going. We the ridiculous regulations that come That’s the kind of thing that makes know how to do that. We have to cut from places like the EPA. America. That’s the kind of thing that the redtape. We have to cut taxes on There was an award that we pre- has made America such a special place. small business owners, and we have to sented last week here on the floor. I It’s called freedom. It’s called free en- try to make sure that the liquidity is think was called the Golden Turkey terprise. It’s called innovation. It’s available to small business owners Award for the fact that the EPA de- talking about somebody that has a through the banks. And then we have cided that milk, because it contained dream in their heart, and they’re will- to stop the era of uncertainty so the oil or fat or whatever it was, had to be ing to take a risk and to try to do businessman feels like the economy treated like an oil spill. And so farmers something that no one’s ever done be- has settled down and they can actually had to put containment around their fore. They hear people say, you can’t make some investments. Those are the dairy barns instead of having a few do that and you can’t do that, and the things you do to get jobs going. We cats to lick up the milk that was spilt. American in them comes out and the know it is fairly simple what it takes I guess it is a sort of cry over spilt American says, ‘‘Ain’t no such word as to get jobs because we know employers milk type situation. But talk about ‘I can’t.’ ’’ And so they go forward. make jobs, and that means businesses overregulation, my goodness. America has been built that way. have to be healthy and we have to do Another part of EPA was a decision This great nation was built that way, the things so they are not red-taped now that we cannot, if you are a farm- by all these people that had some crazy out of existence. We have to allow er, have any rogue dust. Well, what dream that became a vague possibility, them to be competitive with businesses would rogue dust be? That would be if and then a possibility, and then it ac- overseas. I would stack up Americans you are plowing a field, if any dust tually happened. America was built one competition-wise with any foreign comes off your field, that would be ter- dream at a time. A beautiful country. country as long as we don’t burden rible. So the EPA is very concerned But a country now that because of gov- them down with too many taxes and about rogue dust. They haven’t been to ernment irresponsibility is in a crisis redtape and uncertainties and things, my good State of Missouri and seen, state and something that we all have and scare all the jobs overseas. So it is when you are harvesting corn in the to deal with. simple, but it is not easy. fall and that stuff has got all kinds of Some of us that hold elective office, Also, cutting the tremendous level of dust that the rain has deposited on it. we travel around. We talk to our con- entitlement spending. You can see you And, boy, when that machine goes by, stituents. We talk to people in dif- have to do it. You just can’t not do it. it is a cloud of dust. Still the corn is ferent States, but our own particu- But how do you do it? That is not easy. good, and it feeds a lot of cattle. What larly, and there’s a perception out That is where we are. But we cannot would you do with all of that rogue there that we can solve this problem by continue to ignore the gorilla that is in dust? Somehow that just seems a little taking out a line in the budget that’s the tent. If we do that, we threaten all absurd to me. So we have to get rid of called waste, fraud and abuse. Now, kinds of very serious problems in our all this redtape and ridiculous kinds of we’ve never found that line. It’s like a economy. things and let good old American inno- fat marbleized in meat. It’s all over the The other different pieces that have vation go. place. We try to get at that and get rid to go into place—we have to stop all of On the subject of innovation, that is of waste, fraud and abuse. But you’re the regulations that make it so we what free enterprise is all about. That not going to fix this problem by fixing can’t drill for oil. We have a Federal is what we are pretty good at. There is waste, fraud and abuse. You’re not Government now that ever since the oil guy in my district that I am just so going to fix this problem by more effi- spill has shut down drilling for oil. I proud of. His name is Kent Schien. He ciency. You’re not going to fix this guess they have got one well working. has a company called Innoventor. One problem by saying we’re not going to You have chaos in the Middle East, and of the things that he started playing send any more money to foreign coun- we are dependent on foreign oil, which with is something that some of us who tries. You’re not going to fix this prob- we shouldn’t be because we have a lot grew up a little closer to town try to lem by trimming a little bit here and of oil in America. We have great nat- avoid at all cost. We try to avoid it at there. This is a massive problem, and ural gas resources that we just discov- a distance. It is called pig manure. it’s going to require a rework of the en- ered, all kinds of coal to last us for tire way that we’re spending money in hundreds of years. We have the re- b 1720 the Federal Government. That doesn’t sources in America, but we are not de- It has its own special smell. Some mean that it can’t be fixed. veloping them. We don’t have drilling people can take it and some people I recall Ronald Reagan. It seemed rigs going out and drilling where we have trouble with it. He thought, well, like things were kind of in rough shape know there is oil. Those drilling rigs maybe if we could find something good when he took over as President. But he are silent. Why? Well, because there is to do with this pig manure, we’d really had that can-do attitude, his little an environmental lawsuit on almost have something. As you can tell, he’s a twinkling sets of wit. He would kind of every promising well—the big, heavy guy with a lot of imagination. cheer America along and he put us on wells that could really bring in oil. Or, So what did he do? Well, he gets this the right path, got the economy going if it’s not that, there are regulations pig manure. He puts it in a big kettle. and basically won the Cold War. He was that say you can’t drill. There is an He puts it under pressure and tempera- a great man, a great leader, that God area in Alaska called ANWR. It is basi- ture and works something like a petro- brought to our Nation at a critical cally like Oklahoma only frozen. It is leum cracking process until he breaks time.

VerDate Mar 15 2010 04:20 Mar 11, 2011 Jkt 099060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K10MR7.102 H10MRPT1 tjames on DSKG8SOYB1PROD with HOUSE March 10, 2011 CONGRESSIONAL RECORD — HOUSE H1711 I think we need to be praying now for where we can trade back and forth nose, 80-something years old, which of great leaders in America, people who across the oceans of the world. course was very old in those days, understand the problem, are not going And so there’s not going to be a lot stood to address George Washington. to turn their tail and run away from it; here to be able to solve this problem. He said: I have lived through a long they’re not going to pretend it doesn’t We can spend this money more effi- time, and the longer I have lived, the exist but take it straight on, because I ciently probably, but we’re not going more convincing proofs I see of this believe the American public, when they to be able to cut a whole lot there. The truth, that God governs in the affairs understand the nature of what we’re solution to this is, once again, pretty of men. And if it’s possible that a spar- dealing with here, I think they’re will- straightforward: We have to cut par- row cannot fall to the ground without ing to roll their sleeves up and say, ticularly the amount of spending we’re His notice, is it probable that a nation Let’s do what Americans have always doing on entitlements, and particularly can rise without His aid? done so well. Let’s just move forward we have to reduce the growth where Then he goes on to say that in the re- and solve this problem. Let’s figure out the entitlements, as the years go out, cent war we saw frequent instances of what each of us has to do, what’s rea- are going to become more difficult. God’s superintending Providence. And sonable, and let’s move forward and get This growth is induced because of the he closed by saying: We need to be in this thing done. fact that the population is getting prayer as a Constitutional Congress It was my father’s generation. My fa- older and the older people are taking here as we look at adopting the new ther served with General Patton, and up more of these entitlement pro- U.S. Constitution. there was that phrase, everybody did grams, so it becomes more expensive. Well, Washington called the first day their bit. That was kind of the speak of So people like me, I’m a baby boom- of Thanksgiving as America adopted the day. We, likewise, are challenged er, as the baby boomers get older, then the U.S. Constitution, but that tradi- now that we have to do our bit. We they’re going to get onto these pro- tion that when we got in a jam that we have to be making the wise decisions grams. It’s going to cost a lot more, looked to God continued. General Ei- to put our business and industry back and there’s not as many younger work- senhower, recognizing that trend, de- in place. ers to be able to pay. That’s part of cided to add it to our Pledge of Alle- Now, that’s very controversial. You why this gets high. We have to be able giance. And so it was that he added might be surprised here on the floor of to bring that curve down, and we have words that came from Lincoln, from the U.S. Congress—you wouldn’t be to cut the level of spending in that his Gettysburg address, the words ‘‘one surprised if I said Republicans and area. nation under God.’’ Democrats are pretty polarized on the So we have to do the cutting on the abortion issue, and they are. But you one hand, and the other thing is we b 1730 might be surprised to know that in have to grow the economy. We know And so Eisenhower, on just the front terms of voting, Republicans and how to do it. It’s been done by other steps behind me of this Capitol, recited Democrats are more polarized on the Presidents. We understand the econom- for the first time the new pledge, which energy issue than they are on the abor- ics of it. But it’s just a big challenge. included ‘‘one nation under God, indi- tion issue. But I believe that the fact The sooner that Americans across the visible.’’ that the foreign oil is starting to be- board understand what we’re dealing And so as we approach this crisis in come very expensive and more scarce is with, say, ‘‘Okay, let’s roll up our our history, I have faith, faith in the going to tip the balance of that argu- sleeves. Let’s get to work on this American people that we will take a ment. And I believe that America is thing,’’ I have tremendous confidence. look at the problem, that we will solve going to start developing our own sup- Americans in the past have always it, we will do the right thing, and that plies of energy, and I think that’s the rolled up into challenges. They’ve done we will recognize that the problem is way we have to go. I think we have to well, and we’ve gotten through many bigger than we are, and that we will get rid of the redtape and the ridicu- things. have the wisdom to also ask God’s lous regulations like rogue dust and I think the way we’ll get through blessing on our efforts, and that by His spilled milk in the dairy barn and them, also, is something we can learn help we will be able to overcome and things like that that just don’t make from the past. That was what the Pil- put America back on a more solid fis- any sense. There’s a Clean Water Act, grims did when the Pilgrims first land- cal footing. also, that has incredible kinds of regu- ed. They had a dream of creating a na- I thank you for allowing me to do, I lations and things that don’t make any tion that was designed in an entirely suppose you’d call it, a 30,000-foot view sense at all from an engineering point different way than the European coun- of the budget, not a lot of details, but of view. tries. They arrived here, and in the the big picture, a very sober, a very se- We have to look at those things. first couple of months half of them rious big picture, one that we all have We’re going to have to trim out some died. The Mayflower, in the time spring to think about, we all have to become of those things in this budget in order came around, up anchor, was headed engaged in and take part in. to create that environment, a good, back to England. The captain said, Mr. Speaker, I thank you for your in- strong environment for business. But Come back to England with me, but 50 dulgence. I thank you for your atten- we’re going to also have to look at this Pilgrims said—52 or 53—said, No, we tion and the attention of my colleagues spending. We’re going to have to figure felt like God called us to this country and friends. God bless you all and God out ways to reduce that spending. to do something new and different and bless America. As a member of the Armed Services unique, and they stayed, and that f Committee, and actually I’m a chair- dream started the great American man of the subcommittee that deals Dream. A TRIBUTE TO PUBLIC with the Navy, the Marine Corps and Later on, 160-some years later, there EMPLOYEES projection forces—that would be things was a general by the name of General The SPEAKER pro tempore. Under like bombers and long range—we real- Washington at Valley Forge. He also the Speaker’s announced policy of Jan- ize that there is not a whole lot we was forced to his knees looking to God uary 5, 2011, the gentlewoman from the dare to cut here because of the various for help in America’s time of crisis. He District of Columbia (Ms. NORTON) is other nations and the rate that they’re saw the answer to his prayers. In fact, recognized for 60 minutes as the des- spending on defense and the threat there was this old guy with bifocal ignee of the minority leader. they could be to our country. This spectacles when the first Constitution Ms. NORTON. Mr. Speaker, I rise to money is not always spent as wisely as was going to be ratified that talked lead a Special Order this evening in it should be, but, again, the Navy right about those days when George Wash- tribute to public employees every- now, the American Navy, has the same ington ran the army. He rose to speak where, and especially our Federal em- number of ships as we had in the year because the politicians were dis- ployees here in the United States, 85 1916. That’s not enough ships to do agreeing with each other at the Con- percent of whom do not work in Wash- what we need to do in order to try to stitutional Convention, and old Ben ington. I hope that my colleagues and create a peaceful and free trade area Franklin with his glasses down on his I will be able to offer some little

VerDate Mar 15 2010 04:20 Mar 11, 2011 Jkt 099060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K10MR7.104 H10MRPT1 tjames on DSKG8SOYB1PROD with HOUSE H1712 CONGRESSIONAL RECORD — HOUSE March 10, 2011 known facts about Federal employees chair and once the vice chair of the The turnaround in Wisconsin I think today so that the word ‘‘Federal em- Safety Committee. He is on a team tells us where the country is headed ployee’’ gets a face and you know who that has designed ways to keep trans- when they see the overreaching here in it is we’re talking about. portation security officers up to date Washington and when they see the Today I introduced a resolution sup- on techniques for identifying weapons overreaching at the State level. porting the right of all workers to bar- and prohibited items through x-ray The Wisconsin results are just as- gain collectively, public and private machines. He served on the Emergency tounding. They fly in the face of every- workers. I’m grateful that Representa- Readiness Team—that’s a team that thing Walker was doing. They are the tive DONNA EDWARDS cosponsored this deploys within 24 hours in the event of classic backlash to overreach. The resolution with me and invite others to an emergency or national disaster. An- State’s population now believes that cosponsor the resolution. The resolu- thony Hutchinson is a Federal em- Walker should reverse course and raise tion reminds us of what our grand- ployee. taxes on those making $150,000 a year. fathers and our forefathers would have When you speak of Federal employ- That’s by a 72 percent to 27 percent told us, that for a long time there was ees, it seems to me we owe them at margin. a fight waged after it became clear least the courtesy of recognizing them There you have it. A kind of incu- that individual workers standing alone for what they do for the American peo- bator in one State that I think, writ have little or no bargaining power ple. But you would not have understood large, tells us where the country stands against some employer that they hope that if you have been watching over when it comes to public employees. the last few weeks the episodes in Wis- will hire them or in whose employ they Now, the national poll found, not un- consin. These were shocking. And find themselves. Thus rose, and finally expectedly, that 71 percent of Demo- many I think thought, well, maybe it was legalized as the National Labor Re- crats opposed weakening collective has come to this. Unions aren’t very lations Act, the right of workers to bargaining rights. But there was also popular and maybe people are ready to form unions. almost as strong opposition from Inde- bash unions in just this way. But look In no free society in the world is the pendents—71 percent Democrats, 62 right to bargain collectively barred. what the polls are showing us. The polls show, following Wisconsin, percent of Independents. And only a That right has been under attack for bare margin of Republicans were for decades, and the decline of unions in when there have been national polls about the standing of public employees weakening collective bargaining the United States is directly attrib- rights. utable to the difficulty in organizing and public employee unions, that We know that when it came to Walk- workers today because the National Americans oppose weakening the bar- er, there was no doubt what he was Labor Relations Act is a figment of an- gaining rights of public employee after, because the unions, seeing that other century. unions by a huge margin, by a margin the State was indeed in trouble, had a I think we will see in some of the sta- of 2–1, 60 percent to 33 percent. Only a huge deficit, gave him what he desired tistics coming out of Wisconsin and out slim majority, just a slim majority of in savings. And still he would not com- of the country at large that the decline Republicans favored taking away bar- promise. He held his ground, and in of unions today does not mean that gaining rights. It’s as if Americans un- holding his ground, appears to have unions are not prized institutions in derstand a right when they see one. lost his State. our country, and I will have some sta- Now, bargaining rights are not like tistics that show that. the rights of freedom of religion or This is a turning point moment for What I think most Americans recog- freedom of speech. the country. This is a moment that is nize is that they owe to the American b 1740 sorting out those who linger on the ex- trade union movement much that they treme from those who have fought to But they’re right up there on my list find their way to the mainstream. And take for granted today, even if you are of six or seven rights that Americans not a member of a union movement. Wisconsin is a harbinger of what over- believe, once you get, you are entitled reach will reap here in the House of Unions could have been content to bar- to because you have gotten them demo- gain at the table for health and safety Representatives as polls in Wisconsin cratically. You had to go worker by show it has already done there. conditions, for a 40-hour week and the worker. You had to organize. And it Look what we have here. The Presi- rest of it. Instead, they led the country looks as though there has been a hor- dent already announced a freeze, a 5- in making laws that require a 40-hour rific backlash from Wisconsin. workweek, child labor laws, require Indeed, now Americans, when asked year spending freeze, on Federal em- health and safety conditions, require how they would choose to reduce their ployees in the State of the Union. They overtime pay, and encourage health in- own State deficits, having watched didn’t like that. But that seems to surance and pension insurance. Those Wisconsin, say they prefer tax in- have whet the appetite of Republicans matters which began at the bargaining creases over benefit cuts for State for more and even more. table now many Americans enjoy, and workers by a margin of 2-to-1. That is They come to the floor with bills yet we have seen targets especially what Wisconsin has given the country. that would furlough Federal workers placed on the backs of public employ- It has laid bare what a frontal attack for the 2 weeks, would impose an addi- ees. on a basic right means. And what it tional 1-year pay freeze, and cut 200,000 I’d like to open by giving you an idea means is Americans are not for it. Federal jobs. There’s another bill that of who a public employee is by speak- We saw what happened in Wisconsin would limit the ability of Federal ing of a public employee in my own dis- overnight, that through the tricks of workers to bargain collectively. trict, the District of Columbia. I don’t parliamentary maneuvers they were The bills just roll out of Repub- know Anthony Hutchinson, but I’ve able to, in fact, weaken the bargaining licans—a freeze, a cut in the Federal heard about him. He is an example of rights of Wisconsin workers. There is workforce by 15 percent. Don’t you an exceptional Federal employee, I un- going to be a price to pay in Wisconsin, think somebody would want to look derstand. He is a husband and a father I believe, and I’m going to point to and see who the workers are before of two. He lives on Savannah Street in why. coming up with a number like that? southeast Washington. He is a trans- The present Governor of Wisconsin Cutting agency funding to 2008 levels in portation security officer, and he has came in with a six-point margin of vic- 2012, as H.R. 1 does, and then to 2006 worked at the Ronald Reagan National tory. His polls show seven points be- levels for the next 9 years. That would Airport for the last 6 years. He is also hind now. Forty-five percent strongly reduce most agency budgets by 40 per- a member and shop steward of his approve of his performance. The man cent. union, which in this case happens to be has only been in office a little more I see that my good friend who has the National Treasury Employees than 3 months. Public employees’ also cosponsored the resolution paying Union. He has been named the Trans- unions, including teachers’ unions in tribute to America’s public and Federal portation Security Officer of the Year. Wisconsin, now have favorable, posi- employees has come to the floor, and I He has received outstanding ratings tive ratings, 16 points higher than am pleased to grant her such time as from his employer. He was once the Walker’s ratings. she may desire.

VerDate Mar 15 2010 04:20 Mar 11, 2011 Jkt 099060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K10MR7.106 H10MRPT1 tjames on DSKG8SOYB1PROD with HOUSE March 10, 2011 CONGRESSIONAL RECORD — HOUSE H1713 Ms. EDWARDS. I want to thank the Kennedy gave to them to explore space, paring comparable workforces. The pri- gentlewoman from the District of Co- to discover that new frontier, who have vate sector has categories we don’t lumbia. been at the cutting edge of all kinds of even have here like cooks and manu- Mr. Speaker, I’m here today because research that benefit us in every capac- facturing workers. I’m here on behalf of and with the ity. I like to say to people it was actu- So these comparisons that you speak 150,000 Federal workers who live in the ally a Federal worker and the Federal of, I say to the gentlelady, could not be Fourth Congressional District in Mary- workforce that figured out through more important to distinguish. We are land. But in our region, in our metro- technology and experimentation that talking about the highest level work- politan region, we know that there are they could create materials that would force in the United States of America. some 700,000 Federal workers just in lead to the creation of air bags and And I will say to the gentlelady, I the Washington metropolitan region seat belts in our space program. And learned as well that there are far fewer who do so much to protect this coun- those are the same air bags that I of them than when I was a child. In try, to keep our neighborhoods, our know saved my life one time when I 1953, there was one Federal worker for communities safe, to keep our food was in a car accident, and have saved every 78 residents. Today, there is one safe, to make sure that we know what many lives all across this country. for every 147. How did you go from one the weather is; 2.7 to 2.8 million Fed- Well, that’s the product of what hap- Federal worker for every 78 residents eral workers all around the country pens when you make an investment in to one for every 147 residents? Produc- and around the globe. That means that our Federal workforce. tivity. This is a knowledge workforce. they’re not all here in Washington. So It’s a Federal worker who works at It is a workforce to die for. I’m always troubled when I hear people Andrews Air Force Base in my congres- I yield to the gentlelady from Mary- who, for the last couple of decades, sional district looking out for the pro- land. have just gone on an all-out attack tection of the President and for dip- Ms. EDWARDS. I want to thank the against the great work of Federal lomats who fly in and out of Andrews, gentlelady, because I think it’s really workers. making sure that we safeguard the pro- important for us to understand really And I would say to the gentlewoman tected space in this capital region, who is the Federal worker. You know, from the District of Columbia, I know making sure that we have an Air Force what is it that they do? And as the gen- a little bit of something about Federal and personnel who are deployed to as tlelady has pointed out, our food is safe workers. I grew up in a household with far away places as Afghanistan and because of Federal workers. The drugs two Federal workers. My mother and Iraq looking out for improvised explo- that we take, whether they come over my father both worked for the Federal sive devices, training some of our great the counter or they’re prescription Government. In fact, it was working other servicemembers, those German drugs, they’re safe because of a Federal for the Federal Government that really shepherds and other service dogs that worker. When that prediction is com- helped them become a part of the mid- we see. It’s the Federal workforce ing through for severe weather that dle class in this country. It was the that’s doing those things. hits the middle of our country in the work that they did as Federal workers So I am often shocked, Mr. Speaker, most oppressive way, it’s a Federal that saved taxpayers lots of money. It when I hear people targeting the Fed- worker who analyzes that data and was the work that my father did in uni- eral workforce. Let’s just be clear, Fed- works really hard and really quickly to form in this country protecting and eral workers have actually absorbed get that information out to the public. honoring all of us by his service. and been willing to absorb and to take, Federal workers also work in some of And so there’s such a wide range of not liking it, as the gentlewoman from the most dangerous fields, in addition the Federal workforce, and yet some the District of Columbia points out, a to being some of the most skilled fields who want to go after Federal workers— freeze that’s been placed on their in this country. You mentioned the and I say ‘‘go after,’’ and I mean that wages, but they continue to serve. It’s work, the gentlelady did, the work of very directly—do it without actually the Federal worker, Mr. Speaker, who our nuclear scientists that Federal knowing what it is that Federal work- makes sure that that Social Security workers do, in our laboratories all ers do. check and that disability claim and across this country, not just in Wash- Well, I want to tell you about some those veterans services are provided ington, D.C., in States like Colorado of the Federal workers in my congres- not just in the Fourth Congressional and California and New Mexico, some sional district. They are workers who District in Maryland, but all across of the highest level of scientific work work at the Food and Drug Adminis- this country. that’s going on in the country. tration. They’re doing some of the So when I think about the range of So we have a skilled Federal work- most cutting-edge research that is out things that Federal workers do that no force. And, you know, I was really there. They are looking to make sure one else does, it’s really extraordinary. shocked about this story that we have that our—that the food and the drugs People try to compare, the gentle- heard evolving in Wisconsin and the that are in our marketplace are safe woman knows this, try to compare struggle of Wisconsin workers for col- for children and families and con- wages and salaries to wages and sala- lective bargaining rights that indeed sumers. ries in the private sector; but it’s not a on the committee on which we serve in I want to talk about the Federal direct match. I mean, imagine, if you Transportation, just a couple of weeks workers at the National Oceanic and would, that we could get away in the ago we were looking at an authoriza- Atmospheric Administration. private sector with paying a top-notch tion for the Federal Aviation Adminis- engineering researcher $100,000 to work tration. In that authorization we actu- b 1750 for us. But that’s what happens in the ally passed legislation through our Today in the Washington region, and Federal Government, even though committee that would say that if you up and down the east coast, we have those salaries may be significantly didn’t show up for a union vote, maybe actually had flood warnings for com- higher than that. you were sick, maybe you didn’t want munities, including communities Ms. NORTON. The gentlewoman is to vote, for whatever reason, your not around the District of Columbia metro- making a very important and much showing up would be counted as a ‘‘no’’ politan area, that are under flood misunderstood point with these com- vote. warnings and watches today. It’s Fed- parisons between apples and bananas. Can you imagine if any of us actually eral workers who actually helped us to Half of the Federal workforce, I conducted elections like that? All analyze the data coming from the sat- learned, work in the nine highest pay- those folks who decided to stay home ellite that was put up into our atmos- ing occupation groups: judges, engi- for whatever reason would be counted phere by Federal workers that help us neers, scientists, nuclear plant inspec- as ‘‘no’’ votes? I daresay there would be understand what’s happening in our en- tors. That’s half of the Federal work- a lot of Members of this Congress who vironment with our climate and our ers. Less than a third of private sector would not be Members of this Congress weather. workers work in these same nine top- under those kinds of rules. Yet those It’s the Federal workers at NASA drawer occupations. So when you hear are the kinds of rules that are being who took the charge that President these comparisons, you are not com- promoted by the Republican majority

VerDate Mar 15 2010 04:20 Mar 11, 2011 Jkt 099060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K10MR7.107 H10MRPT1 tjames on DSKG8SOYB1PROD with HOUSE H1714 CONGRESSIONAL RECORD — HOUSE March 10, 2011 through our continuing resolution, sion,’’ with a capital ‘‘G’’ and a capital Ms. EDWARDS. I do. through our authorization that really ‘‘R,’’ as opposed to the Great Depres- Too often we hear: Let’s cut Wash- go at the heart of taking the feet out sion. So many of the stories that we ington. We don’t care if the Federal from under the Federal workforce. hear are about people just struggling Government shuts down because it’s Ms. NORTON. I thank the gentlelady, to make ends meet, including our Fed- just a bunch of Federal employees. In and I hope she will remain with us, be- eral employees. They’re like the rest of fact, only 1 quarter of Federal employ- cause the gentlelady is pointing out us. Of course there are faces to all of ees works in the Three-State Region distinctions that the public is largely these Federal employees. In fact, let that comprises the Washington Metro- unaware of. Some of these job cat- me just tell you about some of the Fed- politan Region. The other 75 percent of egories that my friend from Maryland eral employees who have been ac- Federal employees works someplace points to ought to be instructive: rock- knowledged in my State for the exem- else. et scientists, VA nurse, park ranger, plary work that they’re doing. I love this idea of exploring what it is cancer researcher, prison guards. For example, I want to talk about that Federal employees do because I’m It’s interesting that the cooks in the Sergeant Michael Schellenbach, who is often fascinated by the many jobs that Bureau of Prisons are probably paid a combat camera officer in charge of they do which provide so many impor- more than the cooks in the private sec- the Kaneohe Marine Corps Base in Ha- tant resources for us: tor because they have supervision of waii. He won a Federal Leader of the Meteorologists. Well, could we do prisoners, who also work in the kitch- Year award. He provided unparalleled without meteorologists? Ask the peo- en. How do you measure that? You customer service to prepare marines ple in California and in these other don’t do it by throwing out a bunch of for Operations Iraqi and Enduring earthquake zones. In the gentlelady’s statistics, public versus private, and Freedom. home State of Hawaii, we need mete- believe that that tells the whole story. Warren Au won the 2010 Federal Em- orologists in that sector. Aerospace en- Now we are very pleased to be joined ployee of the Year award for profes- gineers, who are exploring these 21st by the gentlewoman from Hawaii, our sional, administrative and technical century new technologies and horizons new Member from Hawaii, and I am professions. Warren works in the Naval that are not here on this Earth, who pleased to grant her 5 minutes. Facilities Engineering Command as an are looking at things like climate and Ms. HIRONO. Thank you. Relatively electrical engineer on the Far East planetary science, they don’t make a new Member. I am really glad to join planning team. He developed and im- lot of money. They may have Ph.Ds. the two of you in honoring and ac- plemented an electronic data-gathering An aerospace engineer with a Ph.D., knowledging the work of our Federal tool to produce an updated facilities who works for the Federal Govern- workers. Ms. EDWARDS and I sit on the plan. The tool is now required at all ment, probably makes about $70,000. same Transportation and Infrastruc- Navy and Marine Corps installations, Imagine if you translated that skill ture Committee; and, yes, it was quite and it has greatly increased produc- level into the private sector. revealing to talk about the kinds of tivity and efficiency, saving tax- So I thank the gentlelady for remind- changes some people were proposing to payers—that’s all of us—a lot of ing us of the fact that Federal workers the FAA bill that would have totally money. span the spectrum of job skills, and changed the way you count votes. It is Bill Pursley was a 2008 Federal Men- they’re in every single State and in a way to count votes that doesn’t hap- tor of the Year. He works for the every congressional district in this pen in any other arena. Transportation Security Administra- country. Certainly, if we had to count votes tion at Maui County Airports. Under Ms. NORTON. Mr. Speaker, may I in- where all the people who were reg- Bill’s guidance and leadership, over quire as to how much time I have re- istered to vote didn’t vote would be dozens of officers have been promoted maining? counted as a ‘‘no’’ vote, I would say to lead, supervisor and master posi- The SPEAKER pro tempore. The gen- that most of us here, including our tions. Bill’s very calm and convincing tlewoman has 25 minutes remaining. friends on the other side of the aisle, demeanor has earned him the respect Ms. HIRONO. Will the gentlewoman would not be here. of airport employees and leaders, and yield? That’s very telling to me, the kind of he has had a significant impact on Ms. NORTON. I am glad to yield to perspective that’s reflected, any kind keeping us safe. the gentlewoman from Hawaii. of an effort that goes after government These are just a few of the 4.6 million Ms. HIRONO. Thank you. employees. And today we are here to Federal workers and retirees in every When we think about the kinds of re- talk about the thousands and thou- State in our country who have not only sources in our country that everyone sands of Federal employees who are provided services to us over the years enjoys, think about our national parks. doing the job every single day to keep and who have earned their retirements, What a tremendous resource for all of our government going. but they’re continuing to, as we have us, and so many families go to all of referred to in so many of our commit- our national parks. Guess who is there b 1800 tees, step up to do more with less. They to make sure that families, individ- Who do we think keeps government have been doing that for years now, uals—all of us—have a lovely time? going but our workers? We need to ac- and I am proud of them. I am proud of Who is protecting our endangered spe- knowledge that and honor them. the Federal workers in Hawaii. cies, these national parks? We have a When you go to the Social Security Ms. NORTON. If the gentlewoman lot of national parks in Hawaii. In fact, office, for example, as I have, and when would yield, I think it’s very inter- you may have seen the pictures re- you see the Federal employees proc- esting that we have on the floor Mem- cently of one of them. We have the con- essing the paperwork, that needs to bers from, perhaps, the most dense part tinuing eruption of Kilauea on the Is- happen so that our seniors can get the of the Federal workforce, all the way land of Hawaii, which is part of my dis- benefits that they’ve worked hard for to Hawaii. Eighty-five percent of Fed- trict. and that they deserve. When you go to eral workers does not work in the So there are just so many areas in an unemployment line, you see State Washington region. Ms. EDWARDS and I which we could not do without the workers. This is what I mean. Govern- feel fortunate to live in the National commitment of our Federal employees. ment employees are there, doing the Capital Region, but we by no means re- Truly, I feel as though they’re getting jobs they need to do to enable our gard ourselves as representative of picked on for basically political rea- working people and middle class fami- Federal workers. Every Member has sons, and it’s unjustifiable to do that lies and everyone else in our country to Federal workers in her district. So, and to scapegoat our workers in that get the kinds of services that we pay when you’re bashing Federal employ- way. for. ees, you’d better watch yourselves be- Ms. NORTON. They deserve just the They’re being scapegoated as though cause you’re bashing your own con- opposite. they’re the ones who are responsible stituents. Ms. HIRONO. Yes. for this economic crisis. Some people Does the gentlelady from Maryland Ms. NORTON. Far from scapegoating, refer to it now as the ‘‘Great Reces- want to speak to that issue? it seems to me we ought to stand up

VerDate Mar 15 2010 04:20 Mar 11, 2011 Jkt 099060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K10MR7.109 H10MRPT1 tjames on DSKG8SOYB1PROD with HOUSE March 10, 2011 CONGRESSIONAL RECORD — HOUSE H1715 and salute Federal employees for what equipment is calibrated in the same money goes, they shouldn’t be tar- they’re doing for this country now. way. Now, you may not think that geting the employee who stands up, has Ms. HIRONO. You mentioned Ms. ED- matters for a toaster, but it surely USA written across their chest, is WARDS and about exploration and about matters for an MRI machine. proud to work for the Federal Govern- meteorologists. Well, the astronaut Those are the kinds of jobs that our ment. They should look at the entire program, that’s a Federal program. We Federal employees do. Those are jobs workforce, which turns out to be many, had a wonderful astronaut from Ha- that you really can’t translate into the many contracted workers. waii, Ellison Onizuka, who tragically private sector but that are so nec- It’s interesting to know that the lost his life in the Challenger disaster. essary to safeguard the public. President is cutting the number of con- This is part of what we need to do to Ms. NORTON. That’s such an impor- tracted workers and expects to save $40 educate all of us and the young people tant point about translating them. Un- billion annually by, in fact, bringing and our students. In fact, I was visited like what the Federal Government is that work in-house, so that we know by a group of students in my district required to do, the people who have who is performing it, we can measure yesterday. They were here with the been throwing around the comparisons them. We can get rid of the work we Close Up program, and were here to don’t do what the Bureau of Labor Sta- don’t need. You contract the work out, learn about the Federal Government tistics does. Now, this is very, very dif- it’s gone, and it gets a life of its own. and what keeps the Federal Govern- ficult work. Ms. EDWARDS. Well, I think that ment going. It’s not just us. It’s all When the Bureau of Labor Statistics you raise such an amazing point for the those 4.6 million people out there who compares workers in the public and American people on two points, one are helping. private sector, they have to, for exam- about Federal benefits. There is this Ms. NORTON. Ms. EDWARDS, you are ple, look beyond the title of budget an- wide assumption across the country probably also aware that we hear about alyst. In the Federal Government, they that Federal workers don’t contribute the best and the brightest. The Federal may be dealing with a budget analyst to their own health and life insurance workforce, now with many baby who has oversight over multimillion- and their dental insurance, and it’s boomers, is eligible to retire, and there dollar agency budgets. just not true. So I think it’s really is absolute panic about whether or not In the private sector, that may be born for us to debunk that right now. we will ever see a workforce as good as somebody who is sitting in an office As you say, the Federal Government the workforce we got in the post-Ken- pushing papers, is qualified, but no- is a decent employer, but it is by no nedy period. These were people who where near the same kind of responsi- means the best employer when it came fresh with all of the notions of bility. What the Bureau of Labor Sta- comes to providing benefits, as some of the Kennedy era that public service tistics does, and only the government those Fortune 500, Fortune 1000 compa- was a wonderful thing, and they made can do this, because only the govern- nies that you point to. Nonetheless, it’s their careers in the Federal service. ment has the resources, is to literally the Federal worker who contributes to Ninety percent of them could retire in get into the weeds so that when you see her own benefit, contributes to her the next 10 years. Now the whole world the government statistics, those are pension, contributes to her health in- is open to them. They could go to the the statistics to be trusted. surance, contributes for her family high-tech companies. They could go to I have got to ask my good friend to members across the board. Hawaii. They could go to California. help me as well on one of the great dis- The gentlewoman also makes an im- Will we be able to attract the best tortions, and that is on Federal bene- portant distinction for us to know and the brightest right when we most fits. that, in fact, the Federal workforce, need them—in an era when the country I think most Americans don’t know because they sometimes work along- needs, on this side as well as on the that Federal employees pay for 30 per- side contract employees who are paid military side, the very best talent we cent of the cost of their health care. If different rates, who have different ben- can find? you get dental and vision, you pay 100 efits, but are in some cases doing very, percent. very similar kind of work. I applaud 1810 b If you have group life insurance, the the Obama administration for trying to Ms. EDWARDS. The gentlewoman employee pays 66 percent of the pre- get a handle on what is uniquely gov- from the District of Columbia raises mium and the full cost of any addi- ernment work and shouldn’t be con- yet another really interesting point tional coverage, and if you have, and tracted out because we need much and it is that not only could they go many employees now have, Federal greater oversight. anyplace in the United States, but the long-term care, 100 percent. I know, I mentioned earlier to the world is their oyster. We know that our The Federal Government, yes, is a gentlewoman that I come from a fam- best and brightest are not just being decent employer. It is by no means an ily of Federal workers. I want to tell recruited from State to State outside overly generous employer. Just com- you about one of those workers, be- of the Federal workforce, they are pare that to Fortune 1000, Fortune 500 cause I bet if anybody goes back, they being recruited outside of the United employers and see if these employees would say that my mother saved the States, because we know that we have who pay 30 percent of their health care Federal Government a boatload of the talent here, and what better place premium are coddled. I don’t think so. money. to absorb that talent in public service Another issue that is often raised is She was a steward of the taxpayer. than in service in the Federal sector. contractors. One of the most astound- She worked in the Department of De- I am just so proud. I think about the ing things about the Federal work- fense doing military housing, over- time that I met a scientist, a re- force, and some things should be done seeing contracts. She would tell you in searcher over at the National Institute by contracting out, but there are more a minute if a contractor was violating of Standards and Technology. Let me contracted, contracted Federal em- a contract. She would tell you in a tell you what they do at NIST. ployees than there are Federal employ- minute if they were overspending Any piece of the electronic equip- ees. When you are attacking Federal where they didn’t need to overspend, ment that you might have, and maybe employees, you are attacking people and she would save the taxpayer money it’s in your doctor’s office, and it’s an who work in the agencies, who work, as because she viewed herself as a steward MRI machine, or maybe it is some- my two colleagues have spoken in de- of the taxpayer as a public servant. thing, a piece of your home equipment tail, work as a park ranger, who work I know that my mother is not alone. in your home, or maybe it’s the iron, as a rocket scientist. She is joined by millions of Federal or it’s the toaster, or it’s the micro- But the invisible workforce is the workers all across this country who wave, the National Institute of Stand- contracting workforce. At the Depart- take pride in the work that they do for ards and Technology sets a standard ment of Homeland Security, for exam- the taxpayer, the work that they do in for industry for those products and ple, we have 188,000 employees but service to this Nation, whether it’s tests those to meet standards. It means there are 200,000 contracting employees processing Social Security disability that no matter where you go, no mat- working for the Agency. So if the pub- claims, or it is making sure that our ter what store you shop in, that that lic really wants to know where the veterans get appropriate medical and

VerDate Mar 15 2010 04:20 Mar 11, 2011 Jkt 099060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K10MR7.111 H10MRPT1 tjames on DSKG8SOYB1PROD with HOUSE H1716 CONGRESSIONAL RECORD — HOUSE March 10, 2011 mental health attention, or whether polls show us. And I indicated some of and kicking. But I must say what it’s making sure that our airways are those figures when we began this spe- we’ve seen from Wisconsin is a national safe and clear, that our planes are cial hour that 2–1, Americans oppose reawakening of the American trade landing and taking off safely, pro- weakening the bargaining rights of union movement. I think unions are tecting us in our parks. public employees. After all that has going to be able to organize in ways After all, if someone gets lost, a child happened in Wisconsin, instead of their they would never have been able to or- gets lost in a park, it’s a Federal work- reaping the whirlwind for it, American ganize without Wisconsin. Thank you, er that goes to find that child and re- people understand what it means to Governor Walker. unite him or her with their parents. take away a precious right, even a As I close this hour, I want to par- The Federal workforce is varied, it’s di- right some of them don’t enjoy. And so ticularly thank my two friends from verse, it’s efficient. It’s becoming more they say they would rather have their Hawaii and from Maryland for coming efficient every day. Federal workers taxes raised than to even weaken— down to share this special hour with are really contributing to the lifeblood weaken the collective bargaining us. We think the least we can do is to, of this country. rights of workers. every once in a while, say to Federal So I think for those who want to get If that is not a lesson for the other employees and to public employees, we about the business of cutting spending side of this Chamber, which is over- appreciate what you’re doing. where it’s appropriate, let’s do that re- reaching in 1,000 different ways, noth- President Obama perhaps said it best. sponsibly. But let’s not make the Fed- ing is. It is a bellwether of what is to I don’t think it does any good, he said, eral worker the scapegoat for budget- come. when public employees are denigrated cutting and for ending deficit spending. Ms. EDWARDS. I want to thank the or vilified or their rights are infringed Let’s continue a strong and vigorous gentlelady and my friend because I upon. We need to attract the best and Federal workforce that really is work- think what you’ve done is you’ve the brightest to public service. These ing to the best benefit of the taxpayer. brought the connection from the public times demand it. Ms. NORTON. This is such an impor- sector worker in Wisconsin and Again, I thank the gentlelady for tant point. I would say to my friend throughout our States to the Federal coming forward. from Maryland because, remember in workforce and to the private sector f Wisconsin, the public employees said, workforce. THE FUTURE OF EDUCATION IN look, we will do our share. Yet the I think what we’ve seen over these AMERICA last couple of decades, and I think it is Governor insisted upon going at collec- The SPEAKER pro tempore. Under evidenced in the poll and the support tive bargaining. Anyone who thinks the Speaker’s announced policy of Jan- that all workers are showing for the public employees are not willing to do uary 5, 2011, the gentleman from Illi- workers in Wisconsin and for the idea their share does not understand how nois (Mr. JACKSON) is recognized for 30 unions operate. of collective bargaining rights, is that minutes. we all recognize as workers whether b 1820 Mr. JACKSON of Illinois. Mr. Speak- you’re in the public sector or the pri- er, let me first begin by associating If you have a workforce that needs to vate sector, whether it’s State or mu- myself with the remarks of the distin- be downsized, if you have a workforce nicipal government or it’s the Federal guished gentlelady from the District of that needs to give up some of what it Government, that, in fact, it’s that or- Columbia and the gentlelady from has for a period of time, the best way ganizing and the ability to organize Maryland on a very thoughtful presen- to deal with that workforce is through and the ability to bargain that has tation that they offered the body this an agent that the workers trust. If the helped so many of us to achieve a place evening. employer has no agent and simply goes in the middle class. And I think that Mr. Speaker, there has been some in and does it, that becomes a deflat- there is an understandable fear of los- controversy in the blogosphere and on ing, morale-sapping exercise. Unions ing that given what’s transpired over conservative talk radio shows about are very sophisticated. Unions operate the years. some comments I made last week re- within our capitalist system. They In fact, you look at wages in the pri- garding my belief that every child in know when there’s money on the table vate sector, and private sector wages this country should have the constitu- and when there’s not. Unions are said have, in fact, remained stagnant for tional right to an education of equal to have been the major agent in cre- about the last decade. And so you can high quality. Let me be clear. Last ating the American middle class. understand that a private sector work- week, I raised the possibility that such What do we mean by that? After all, er is actually feeling that strain, but a right might lead to an education there were businesses, automobile com- they understand the position of the standard in this country of an iPad for panies and managers. What we mean by public sector workers, of the Federal every child just like it could lead to it is that when that money was com- workers. And so we’re all united as standards of class sizes and athletic fa- ing, when that revenue was coming to workers together to make sure that we cilities and music classes and other im- business, it was sitting across from a can lift all of us into the middle class. portant resources for our children. union who said, workers help produce And I think the Federal workforce is Let me be clear on a few things. this product, the revenue from this particularly important because the These devices are revolutionizing our product should be shared with workers. Federal workforce then becomes sort of country, and they will fundamentally Out of that came the great American a bellwether for what can happen in alter how we educate our children. Mr. middle class. That is why an auto- other sectors in our workforce. Thank Speaker, this is an iPad. It is an in- mobile worker, for example, who didn’t you for bringing that full circle. credible device, so incredible, in fact, have a college education, could get a Ms. NORTON. I want to thank the before I could open it up after I re- pension and could support a family. gentlelady for coming down. You make cently purchased it, Apple came out And unions did this, yes, across the a very important point about the stag- with the iPad 2. bargaining table; but in doing it for nation of the American standard of liv- Mr. Speaker, this is the Kindle, a de- their own members, they spread it ing. It correlates with the stagnation vice from Amazon that allows you to through the society, because then com- of the American labor movement. The download books and to read them. Be- petitors had to meet the union wage. stagnation of the American labor fore I could finish opening up my Kin- And so what happened was you got a movement has everything to do with dle, Kindle came out with an even great American middle class that you the difficulty under the National Labor smaller Kindle, neither of which has did not have before the unionization of Relations Act of organizing a union been activated at this time. American workers. And they deserve today. Mr. Speaker, it will not be very long credit for that. Unions deserve credit When unions were first legalized in before every child in this country is for that. They don’t deserve to be the 1930s, they were encouraged. educated using one of these devices or bashed. Today, it is very difficult under the ex- something similar. Why? Just go to I have to say to my good friend, I was isting statute to organize a union; and your local Borders bookstore, that is, if never so gratified to read what the I’m amazed that unions are still alive there’s one left.

VerDate Mar 15 2010 04:20 Mar 11, 2011 Jkt 099060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K10MR7.113 H10MRPT1 tjames on DSKG8SOYB1PROD with HOUSE March 10, 2011 CONGRESSIONAL RECORD — HOUSE H1717 Recently, Borders announced it was ners of trade and commerce that That doesn’t even include freedom of closing 200 of 508 stores, including one ranged from farming cotton and beans religion, the churches, the synagogues, in my congressional district. If the re- and corn. And even before the Con- the mosques, all religions, nonprofit cent history of the music business is stitution of the United States was rati- organizations, 501(c)(3)s, 501(c)(4)s, any guide, then other bookstores and fied in 1788, even before the Bill of charitable giving. All of this is First libraries, both private and public, may Rights in 1791, even before the Declara- Amendment activity. not be far behind them. That’s because tion of Independence, from 1492 until Mr. Speaker, the First Amendment, the future of publishing isn’t in hard 1776, and certainly and even more trag- with American innovation through copy books any more or magazines or ically in 1619, 19 scared Africans ar- time, from the founding of our country newspapers. It’s all digital. The iPad, rived on the shores of Jamestown, Vir- to this very date has unleashed over the Kindle, the Nook, and other similar ginia, 157 years before the Declaration time the greatest economy that the devices make it possible to access any of Independence. Their desire for com- world has ever known. The Founding book, any periodical at any time any merce and capitalism even had them Fathers set in place a system that place. trading people. They traded among through our value system would give As digital downloadable music has themselves and with others across the birth to more than 50 percent of all gained in popularity, we’ve seen a fun- world. And when they rebelled against jobs in the United States of America. damental shift in the music industry. the government of England and estab- And that system has worked remark- Now there are hardly any physical lished their own country, they had a ably well for a long, long time. stores where we can buy CDs or other choice in an unregulated, unfettered But now there is a problem, Mr. music products anymore. We’ve gone free market system or a system of gov- Speaker. These devices will cause the from the 78 to the 45 to the long-play- ernment with checks and balances and loss of jobs at bookstores. Borders is ing LP to DVDs, and now to regulations and rules. So much for the closing almost 50 percent of its stores. downloadable music. The same will be antigovernment movement in our Na- It is going to cost the jobs of librarians true for publishing. Books will soon be- tion. Our Founding Fathers were not and libraries, publishing houses, print- come obsolete. So the school library antigovernment. They chose govern- ers, book binders. will soon, unfortunately, be obsolete. ment, but they chose government with And where do we think these devices Schools are likely in the future to an overall structure of freedom and are made? They are not made here in use that space for more classrooms. personal liberty along with regulation the United States. They are most like- Maybe it will help alleviate our class- and rules, which leads us to the Bill of ly made in China or other places. So if room size problems. But for certain, ar- Rights. you are not an American and if you be- chitects in the future will likely be de- Mr. Speaker, the First Amendment is lieve in the value system that ema- signing future schools without a li- one of the great landmarks in human nates from the First Amendment, in- brary. rights and personal freedom. It cer- cluding all of the jobs that emanate tainly is that not only in domestic his- from the First Amendment, and you b 1830 tory but in world history. It protects are outside of America and you are Hard copies of textbooks will become free speech, freedom of and freedom looking in, you need only wait for obsolete. Instead of incurring the costs from religion, the right to assemble American innovation as a result of our of buying them and storing them and and to petition the government. It also own freedom system to take advantage instead of forcing our children to lug happens, and often not talked about in of selling to the United States at some around huge backpacks full of heavy our country, it also happens to be the cheaper labor costs a product that books, we’ll just download them onto a greatest economic program in the his- helps strengthen our First Amend- device just like one of these. This is tory of our country. Think about it. ment. It comes, however, at the cost of going to happen in the future. In fact, I asked the Congressional Research jobs. Significant jobs. it is happening right now. Service and their experts responded by So the First Amendment, the amend- In my district, at Chicago State Uni- saying to a specific question: How ment that has unleashed such great versity, thanks to the innovation of many jobs in the United States of economic activity and brought about President Wayne Watson, the freshmen America are tied to the First Amend- such amazing innovation and helped class of students this past fall, every ment? Initially they said: It is prac- America become the greatest economy single freshman received an iPad. Over tically incalculable. He said any job, in the world, is now known for helping time as new classes enroll, the admin- and I quote, ‘‘with a public presence’’ the Chinese economy grow and create istration at Chicago State University could be considered protected under jobs and prosperity and, ironically, hopes that all students will use elec- the First Amendment. And, therefore, challenge America’s place in the global tronic devices for textbooks and to sub- the Congressional Research Service economy. mit assignments. It could be a conservatively estimated that approxi- We all know our economy has strug- textbookless campus within 4 years. mately 50 percent of all jobs in the gled over the past few years. The finan- ‘‘Imagine the cost savings for schools,’’ United States are tied to the First cial and economic crises have been dev- President Watson said. ‘‘Give a child Amendment. Imagine, or just stop and astating for many Americans. The un- an iPad, a Nook or a Kindle or any of think about it. Every newspaper in this employment rate still hovers near 9 these devices when they are in the first Nation and the jobs that emanate from percent. And in communities like grade, and he or she could use it all of those newspapers are tied to the First mine, it is near 15 percent. the way through college. All of the cost Amendment. Books, Internet publica- How do we turn our economy around? of buying hard copy books for the tions, every TV station, social media, I have suggested, Mr. Speaker, that we course of that child’s educational ca- public speaking, Sirius Network, AM/ follow the mold of the greatest capital- reer would be simply wiped out.’’ FM radio, advocacy, lawyers, movies, ists and turn to our Constitution; turn Now, Mr. Speaker, because I sug- CDs, DVDs, VHRs, VHSs, Comcast, to our bylaws, the bylaws of the Amer- gested this idea, I have been called a Blu-ray, MP3 players, Democrats and ican enterprise. That is what President communist and a socialist and any Republicans, telephone services, cell Roosevelt did as he began his fourth number of other things, but let me tell phones, Droids, pagers, music—clas- term in office. you why that is misleading and mali- sical, R&B, pop, country western, hip- Mr. Speaker, here is what President cious. Let me go back to what I talked hop, techno, karaoke—the United Roosevelt said on January 11, 1944, in about last week. States Postal Service, Federal Express, his State of the Union address. Janu- Last week from the House floor, I UPS, print advertising, Times Square, ary 11, 1944, unemployment is begin- talked about the greatest capitalists in New York City, commercials, iPods, ning to come down, but throughout the history of our world. In my opin- iPhones, iPads, computers, art, muse- President Roosevelt’s administration, ion, the greatest capitalists in the his- ums, photography, education, colleges we see the highest levels of unemploy- tory of our world were the men who and schools, theaters, plays, musicals, ment in the history of the United founded our country, our Founding Fa- and on and on and on, they have their States, the period known as the Great thers. They were engaged in all man- basis in the First Amendment. Depression.

VerDate Mar 15 2010 04:20 Mar 11, 2011 Jkt 099060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K10MR7.115 H10MRPT1 tjames on DSKG8SOYB1PROD with HOUSE H1718 CONGRESSIONAL RECORD — HOUSE March 10, 2011 But as we are coming out of that rights, to new goals of human happi- to have the facilities, the resources, Great Depression, President Roosevelt, ness and well-being. the rigor of New Trier. I certainly need after having served nearly four terms ‘‘America’s own rightful place in the it in my congressional district on the as President of the United States, has world depends in large part upon how south side of Chicago. And if there is some insights on how future genera- fully these rights and similar rights someone out there in America who tions of Americans must address unem- are carried into practice by our citi- wishes they had a school like that in ployment. Today, unemployment hov- zens.’’ their congressional district, I wish ering at around 9 percent. Mr. Speaker, what if we amended the they would just go touch their tele- Let’s hear what our President had to Constitution, if we amended the bylaws vision set, Mr. Speaker and say say: ‘‘It is now our duty to begin to lay of America, to include the right of ‘‘amen.’’ the plans and determine the strategy every citizen to an education of equal But we can’t get there, Mr. Speaker, for winning a lasting peace and the es- high quality? What would that do for under local property tax regimes that tablishment of an American standard architects, and roofers, and bricklayers fund our schools. In the 50 States and of living higher than we have ever and manufacturers, as school districts territories, there are 95,000 public known before. We cannot be content, across this country seek to meet the schools in 15,000 school districts, in no matter how high the general stand- equal high quality standard by building 20,000 cities—all different, all separate, ard of living may be, if some fraction new schools and improving existing all unequal and all funded differently. of our people’’—and this is January 11, ones? At New Trier, roughly $15,000 is spent 1944—‘‘whether it be one-third or one- What would it do for the NASDAQ, as on every child per year, which is nearly fifth or one-tenth is ill-fed, ill-clothed, schools improve their technological ca- double the State average. That’s be- ill-housed and insecure.’’ pabilities with laptops and computers cause New Trier is located in one of the and iPads and Nooks and Kindles and wealthiest areas in my State and, b 1840 other devices? There are 60 million therefore, has the resources to fund ‘‘This Republic had its beginning’’— children in the Nation’s public school such a high quality education. 1788, 1791—‘‘and grew to its present systems. Sixty million. I believe that, Now I don’t want to take, Mr. Speak- strength, under the protection of cer- like the First Amendment over time, er, anything from New Trier. My vision tain inalienable political rights.’’ an amendment guaranteeing every on the floor of this Congress is that the Here Roosevelt is giving deference to American the right to a quality edu- United States of America should be the idea that the First Amendment cation for all students would provide a building 95,000 New Triers across our through the Great Depression is re- huge economic boost for our country, country—that’s 95,000 schools putting sponsible for most of the Nation’s jobs. just like the First Amendment at the millions of Americans to work in high ‘‘Among these rights,’’ President inception of our country is responsible quality education—for as long as there Roosevelt says, ‘‘is the right of free for 50 percent of all jobs, if we truly is an America, not for the 112th Con- speech, free press, free worship, trial by want to compete with China, with gress, not for the 113th Congress, but jury, freedom from unreasonable India, with other countries around the for all of these Congresses, and there searches and seizures. They were our world, if we truly want a population have been 112 Congresses that have rights to life and liberty. that is better educated than any other made the First Amendment responsible ‘‘As our Nation has grown in size and population on planet Earth, capable of for 51 percent of all jobs in this Nation. stature, however,’’ the President ac- paying more taxes, eliminating unem- It has taken 112 Congresses for 51 per- knowledges, ‘‘as our industrial econ- ployment, rebuilding schools, rebuild- cent of all jobs to be vested in the First omy expanded, these political rights ing bridges, rebuilding hope in our Amendment. proved inadequate to assure us’’—that communities, and by definition every What’s the great thing about my is, every American—‘‘equality in the time we build a newer first class amendment? The jobs that are associ- pursuit of happiness. school, we change the property values ated with building 95,000 schools are ‘‘We have come to a clear realization of every home around that school. In not likely to end up in Beijing. Because of the fact that true individual freedom America we just don’t sell housing any- building schools has something to do cannot exist without economic secu- more, we sell housing plus schools at with putting Americans to work. rity and independence. the same time. That’s very different than building ‘‘Necessitous men are not free men. I wish every Member of Congress, Mr. iPads, or using First Amendment val- People who are hungry and out of a job Speaker, in my home State would visit ues that tend to leave our own country are the stuff of which dictatorships are New Trier in the northwest suburbs. and, yes, they spread good will made. New Trier High School represents qual- throughout the world but it takes our ‘‘In our day, these economic truths ity of education that is provided unlike quality of life and our standard of liv- have become accepted as self-evident. any other high school in the Nation. ing with them. We have accepted, so to speak, a second There are state-of-the-art classrooms, And that’s what Mr. Roosevelt is Bill of Rights under which a new basis with small class sizes. It has top qual- talking about. I mean, he is the Presi- of security and prosperity can be estab- ity athletic facilities including two dent that had to address unemploy- lished for all, regardless of station, aquatic centers. That’s swimming. The ment. So what Roosevelt is looking for race, or creed. school rents it out for fees, raising rev- are jobs with domestic content. But he ‘‘Among these are: enue to help offset some of its cost. recognizes that the Constitution of the ‘‘The right to a job; the right to earn There are 17 varsity athletic teams for United States, however much we honor enough food to provide for one’s fam- boys and 17 varsity athletic teams for it, is insufficient on the question of ily; the right to every farmer to raise girls. New Trier is noted for its drama, economic rights for all Americans to and sell their products; the right of for its music, for its visual arts pro- ensure that future generations of every businessman, large and small; grams. Students are given the oppor- Americans will be the beneficiary of the right of every family to a decent tunity to develop all of the aspects of the highest possible education standard home; the right to adequate medical their talent. They are given a full edu- that the world has ever known. care; the right to adequate protection cational experience that molds boys As I have said, Mr. Speaker, it will from the economic fears of old age and and girls into young men and women. create new jobs over time. As teachers sickness and accident and unemploy- The academics at New Trier are are hired to provide that high quality ment; the right to a good education; all unrivaled. In 2006, the mean SAT education and schools are built and re- of these rights. verbal score was 620, and the mean SAT built and technology is purchased and ‘‘And after this war is won,’’ he said, math score was 650, meaning that 1370 maintained, that will unleash over ‘‘they spell security. We must be pre- was an average score at New Trier. The time immense economic capitalistic pared to move forward’’—forward school literally churns out Ivy activity that will drive job creation through time, a time that President Leaguers. and corporate profits for generations to Roosevelt himself would not live to Mr. Speaker, I think we need more come. Yes, Mr. Speaker, there will be a see—‘‘in the implementation of these New Triers. We need all of our schools cost. But if we can find money for the

VerDate Mar 15 2010 04:24 Mar 11, 2011 Jkt 099060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\K10MR7.117 H10MRPT1 tjames on DSKG8SOYB1PROD with HOUSE March 10, 2011 CONGRESSIONAL RECORD — HOUSE H1719 wars in Iraq and Afghanistan, if we can ‘‘My story is that after getting out of and my family and I recently relocated find money to bail out Wall Street, if, the Marine Corps in 1980 I landed a job to Okinawa, Japan, where the job as Martin Luther King, Jr. said, we can as a welder working in Arizona on a search still continues. find money to put a man on the Moon, power plant. I went to night school, ob- ‘‘I would like to thank you for start- then we ought to be able to find money tained my certificate of completion for ing this program. There are so many to put a man and a woman on their the trade I was working in and contin- veterans out there that can be produc- own two feet right here in America and ued to use my benefits to add classes at tive members of our society if the Con- guarantee our children an equal high the local community college level gress of the United States would just quality education like that of New while raising my family and trying to find something for them to do.’’ Trier. live the American Dream. After nearly Out of respect for your resume, which Mr. Speaker, only the Constitution of 30 years of work in the construction in- is going into the CONGRESSIONAL the United States can guarantee that dustry I found myself laid off. RECORD tonight, my hat is off to you, kind of education system and at the ‘‘I had not completed the degree pro- Thomas Gadbois. We’re going to do same time unleash incredible job gram, but had the experience and what we can to try and find you a job. growth and economic activity. enough credits for a 2-year degree in ‘‘I served as an active duty member, With the few minutes I have remain- the industry. I had worked hard to es- full time, in the 111th Fighter Wing of ing, I have been dedicating this session tablish a role of senior project manager the Pennsylvania Air National Guard of Congress to the unemployed. A lot of on a construction project; yet without for over 20 years, Mr. Speaker, as an unemployed people have been sending that degree, most companies will not ordnance mechanic. I took advantage me their resumes, and the cost of even give me a call. of the VA programs after retiring in inputting their resumes into the House ‘‘It is my hope that this idea not only 2000 to start a second career in the in- RECORD, for which I am asking them to heightens the concern of veterans, but formation technology field. I applied to continue to send me their resumes and sheds light on the college industry’s all technology positions at a local VA stories, is astronomical. business model that keeps people for- medical center as they were available. ever pursuing degrees that, despite My application was not even consid- b 1850 their personal life changes, nothing ered. I never gave up and tried for at And I wonder sometimes, Mr. Speak- changes. Thanks again.’’ Former ser- least 10 more years. er, why the CONGRESSIONAL RECORD geant, United States Marine Corps, ‘‘In my last job, I was making $44,000, isn’t digitized, why we still have to cut Robert Green. but it was just enough for the both of down trees to print all of these speech- ‘‘Congressman, I am currently a gov- us. Now I am forced to tell potential es delivered by Members of Congress. ernment contractor with the 505th employers I will take a minimum of $15 Well, the cost would be significantly Training Squadron at Hurlburt Field, per hour just to get interviewed. I see less if the Congress of the United Florida. We’re undergoing a Research American companies wallowing in States would catch up to the Nation’s Management Decision, RMD 802, which their greed, Mr. Speaker, to outsource education system and start digitizing includes the realigning of resources for jobs to other countries because it’s the CONGRESSIONAL RECORD. I’m not to- fiscal year 2010 and 2014 to decrease cheaper, and that’s what we’re getting tally unconvinced yet that we’re not funding for contract support and in- into, cheap products instead of invest- dragging our feet into the future on crease funding for approximately 33,400 ing in the talents and the skills and purpose. new civilian manpower authorizations, the knowledge of the American worker. With that said, I want to read a few 10,000 of which are for the defense ac- This has to stop somewhere. ‘‘Respect- stories of some people who have been quisition workforce. fully yours, Pasquale Filoromo, TSgt going through, well, a whole lot of hell, I and three other 30-percent-or-more United States Air Force, retired.’’ Mr. Speaker, in this economy. These disabled veterans are being replaced by They go on and on and on. are the stories of our men and women workers and will be terminated from Mr. Speaker, I ask unanimous con- who have served. This is from John employment effective the 25th of Feb- sent to revise and extend my remarks Bridges: ruary, 2011. All three of us have served and to submit extraneous materials for ‘‘Representative JACKSON, I appre- our country for over 20 years and have the RECORD relating to the subject of ciate your effort to show the country been an integral part of the 505th Com- this Special Order, including the names what’s happening to the veterans by bat Training Squadron for years. It’s of these veterans that I specifically of- entering their resumes in the CONGRES- going to be a difficult task to find work fered tonight. SIONAL RECORD. A bit of background for because of our age and our disabilities. The SPEAKER pro tempore. Is there you: I was raised in Tilden, Illinois, ‘‘I myself, having young children and objection to the request of the gen- and joined the U.S. Navy when I was 17. limited opportunities for work, find tleman from Illinois? And after 22 years, I retired in the Dal- myself wondering if everything that There was no objection. las, Texas, area. I then went into the I’ve worked for and the American JOHN M. BRIDGES wireless telecommunications industry Dream of keeping my house and put- (817) 846–9080 for over 12 years before being laid off at ting my kids through college has now Profile: the end of August, 2010. become a nightmare. Thanks for prom- Technical Applications, Quality Control, ‘‘I have not had any success with any ising to post the veterans’ resumes. Training/Development, Management, Cus- position since that time. I’ve had one And I believe that even though you’re tomer Relations, Troubleshooting interview with the VA, and an upcom- A self-starter with proven ability to de- not promising jobs, at least you’re try- liver high quality projects from inception to ing one with the University of North ing to bring visibility to the plight of completion, on schedule and within budget. Texas. However, I have not heard back our Nation’s veterans.’’ Mr. Tracy L. Innovative, resourceful and inventive with from anyone, so I’m assuming that the Palmer—put his life on the line for the an extra-ordinary ability to identify oppor- positions have gone to other individ- United States of America. The least we tunities, make things happen, and consist- uals. Thank you, and good luck with can do is try and find Mr. Palmer a job. ently achieve goals and objectives. this effort, as well as your service to ‘‘Good evening. My name is Thomas Areas of expertise: the Congress.’’ Gadbois. I recently read an article DMS HLR100/200, ATCA, VSE , GSM, Tele- Thank you, Mr. Bridges. We’re going about this program in the Marine communication System Troubleshooting, to do what we can, I hope, one of these Times. I served in the Marine Corps Commissioning/Installation, Customer Sup- days in this Congress to find you a job. from 2001 to 2002 before receiving a port, System Maintenance/Upgrades/Expan- How about a former sergeant from medical discharge. I was separated sion, Customer/Employee Technical Train- ing. the United States Marine Corps, Rob- after having a seizure disorder. During Professional history: ert Green: ‘‘Congressman JACKSON, Jr., my time in the Corps I served as a NORTEL/ERICSSON, Richardson, Texas, thank you for thinking of the veterans, radio operator, a platoon sergeant, and 1999–2010, Network integration specialist— whose sacrifice for our country should worked a complex entry control point Commissioned and integrated DMS, GSM, always be respected and honored the while serving in Iraq in 2007. I’ve been iDEN, HLR100/200 and ATCA HLR (VSE) sys- way one veteran honors another. searching for a job for over 1 year now, tems. Performed internal technical support,

VerDate Mar 15 2010 05:17 Mar 11, 2011 Jkt 099060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\K10MR7.119 H10MRPT1 tjames on DSKG8SOYB1PROD with HOUSE H1720 CONGRESSIONAL RECORD — HOUSE March 10, 2011 installation support, as well as customer in- Profile: Certification as a journeyman Steam fitter formation, documentation, and training. Multi-project management—More than 14+ Combat Engineer, USMC SGT. Completed all DO–EMS application instal- years of successful management of small and PV–100 NABCEP training Completed PMP Training awaiting test lations for the CCMP equipment for the large scale, complex construction projects, Verizon Ohio/Michigan area. with a proven record of completing projects Work history—Projects: GSM HLR Subject Matter Expert for Read- on time and under budget. Project portfolio 10/2008–06/2009, Sr. Project Manager, Sum- iness group, responsible for implementing encompasses schools, healthcare, warehouse, mit Builders, Inc., Desert Foothills YMCA, and activating ATCA HLR’s and transferring high rise, private and public sectors. My Community Center & College Cost—$10 Mil- knowledge base to co-workers and customers Completed Construction Dollar Volume lion to ensure satisfaction of quality and service. 6/2003–10/2008, Project Manager, McCarthy Coordinated work activities for 6 different Ranged from $5 million to $35 million. Communication—Reputation as an con- Building Companies, Inc.: Holdeman and HLR200’s and the initial commissioning in Thew Elementary Schools—60,000 SF each absence of the Implementation Prime. As- fident leader with strong interpersonal and written communication skills that provides Cost—$9.5 million each; Scales Elementary sisted with provisioning of equipment as well School—65,000 SF Cost—$9.2 million; Pilgrim as monitoring of sites including resolution of a foundation for building a successful col- laboration with architects, engineers, build- Rest Wellness Center—38,000 SF Cost—$4.5 difficult or non-existent procedures. million; ASU Foundation Fulton Center— On-site Team Leader/Prime for HLR 200 ing officials, management and owners. 147,000 SF Cost—$35.5 million. commissioning and installation on over 30 Safety—Extensive experience in developing 9/2002–5/2003, Owners Representative, KSL HLR sites for Cingular Wireless, T-Mobile, project safety programs that incorporate Development at the Arizona Biltmore (con- and AWS. quality control specifications, OSHA safety structed by Hunt Const.) NSS Prime for coordinating FP Decommis- standards and regulatory compliance to pre- 1999–7/2002, Project Manager, Target Gen- sioning on HLR100’s for three major market vent accidents. Programs regularly exceeded eral, Inc.: Coconino Community College, customers as well as over 120 different DMS– project and governing authorities’ expecta- Flagstaff Cost—$27 Million; Peoria 25, Zuni MSC’s. This in addition to completing the tions. Hill K–6, 208,000 SF Cost—$9.2 Million; Foun- procedure to remove the software itself. Leadership—Proven leadership ability to tain Hills Library and Community Center, Completed SDM–FT upgrades on various mentor project engineers and directly man- 55,000 SF Cost—$4.5 Million; Wal-mart customer sites from GEM 10.1 to GEM12, age staff while indirectly supervising the ef- Superstore, 208,000 SF Retail store Cost— GEM16 to GEM17 including software and forts of project workers in support of various Combo w/Sam’s $12 Million; Sam’s Club, CPU card upgrade, SBA applications, and as- aspects of the project. Leadership qualities 135,000 SF Wholesale warehouse—Cost—(See sociated hardware. uphold honesty, integrity, and a commit- Above); Offices at Raintree, 11 building office Completed all NI acceptance testing re- ment to safety. park Cost—$8 Million. quirements for iDEN CDMA and GSM DMS– Experience and achievements: MSC customers assigned within acceptable 1995–1999, Project Manager, Huber, Hunt & parameters and time limits. Summit Builders, Inc., 10/2008–06/2009, Sr. Nichols, Inc.: Anasazi Office Park and Park- Project Manager—Recruited to organize and ing Garage, 110,000 SF office building and SPRINT PCS, Trouble Management Team manage operations for multiple construction 100,000 SF parking garage. Cost—$7.5 million; Leader, Ft. Worth, Texas— projects. Responsibilities included esti- VA Medic 1 Center, Phase I Ambulatory Care Promoted rapidly to Team Leader. A posi- mating, budget analysis, scheduling, writing Addition, 180,000 SF Cost—$29 million. tion requiring specialized knowledge of all sub contracts and maintained budgets, moni- other departments within the organization toring quality control standards, sub-con- TRACY L. PALMER as well as a proven ability to interact with tractor and owner relations. the general public. Combined proven market [email protected], 604 Rowan Circle, McCarthy Building Companies, Inc., 6/2003– cognizance with a practiced business sense. Crestview, FL 32536, H: (850) 758–0558. Coordinated efforts of 30 team members, as 10/2008, Project Manager—Employed as a Objective: well as other department personnel, to fully Project manager for the Small Projects divi- Seeking a challenging position with your understand all aspects of the telecommuni- sion however the first assignment was the Professional Business Unit cations industry. Exercised planning, con- project manager for a large scale, high-pro- file LEED Green project with involvement Summary of Qualifications and Career High- trolling and organizing skills to set prior- lights: ities and determine the correct handling of from Preconstruction through completion. Performed tasks such as pre-construction Twenty-three years of progressively re- difficult activation’s, report and resolution sponsible supervisory and technical experi- of network transmission issues. schedule development, scope development, contract administration, constructability re- ence while on active duty with the United THE ASSOCIATES, Customer Service Ad- views, contractor coordination, and imple- States Air Force vocate, Irving, Texas—Contributed vision, mentation of quality control and safety Secret security clearance NACLC as of Oc- planning and interpersonal expertise crucial standards, damage assessments, generated tober 15, 2007 to organizational efficiency and business daily activity reports, and monitored overall Controlled Area Monitor, Security Mon- growth. project flow. Upon completion developed itor, Communication Security (COMSEC) Military service: multi-project skills as project manager for custodian, Records Manager, Cost Estimate UNITED STATES NAVY, Various Loca- the Small projects division managing mul- Coordinator, Office Manager, Database Man- tions/Domestic and Foreign, Radioman Chief tiple school projects during the same period ager, Training Instructor, Scheduler Strong working background with Depart- Petty Officer—RMC(SW)/E–7 Various Loca- of time. ment of Defense Manuals, Regulations and tions— KSL Development, 9/2002–5/2003, Owners Technical Orders Progressed through numerous promotions Representative—Responsible for advising the Knowledge of all Microsoft Office products with a broad range of responsibilities culmi- owner of all major construction issues, budg- nating in Director Navy/Marine Corps A.S. Degree, Information Systems Tech- et and schedule variances, and quality con- nologies, Community College of the Air MARS, Region Three. cerns during the construction of a ballroom Managed up to 80 enlisted personnel and Force and parking structure. Monitored the con- Currently enrolled in Northwest Florida more than 300 volunteers in settings that struction process as operations for the exist- ranged from a one-person office to a five- State University pursuing a Computer Infor- ing facility continued, including but not lim- mation Administrator Degree state directorship. ited to requests for information, requests for Chief in charge of Radio Communications Professional Experience & Career Highlights: change orders, contractor payment requests, aboard USS Tuscaloosa which included as- testing, inspections, Coordinated work stop- 2008 to Present: Professional Control Force signment as ship’s CMS custodian. Respon- pages with Resort events schedule, permit- Controller, TYONEK Corporation, 505th sible for all UHF, HF, and Satellite commu- ting and occupancy status, commissioning, Combat Training Squadron, 505th Command nications. and Control Wing, Hurlburt Field, Florida— Provided physical security for all assigned close-out and turn over to operations man- agement. Provides air operations data through the stations as well as electronic security to pre- Theater Battle Management Core System vent unauthorized access to classified mate- Target General, Inc., 1999–7/2002, Project Manager—Projects include a big box combo (TBMCS) and Air War Simulator (AWSIM) to rial. the Air Operations Center (AOC) Joint Held a Top Secret Clearance for over 20 site, public library and community center, community college and elementary school. Forces Air Component Commander (JFACC) years. as a simulated Wing Operations Center Education: Qualifications: (WOC) controller during joint training Bachelor in Business Administration, Project Manager Training Seminar McCar- events and experiments Northwood University—GPA 3.74 thy Provides written reports using the Theater Management/Computer Information Man- Advanced Project Manager McCarthy Battle Management Core System (TBMCS) agement OSHA 10 hour Safety Course information operation communication tool Red Cross CPR & First Aid Certified to close air support/strike, intelligence sur- ROBERT G. GREEN Maricopa County Dust Control Compliance veillance, tanker/airlift and air defense con- Cell 480–297–4103, Scottsdale, AZ, LEED Certified Project Completed trollers through all phases of joint exercise [email protected] Certificate Of Crane Safety Trained training

VerDate Mar 15 2010 05:17 Mar 11, 2011 Jkt 099060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\A10MR7.048 H10MRPT1 tjames on DSKG8SOYB1PROD with HOUSE March 10, 2011 CONGRESSIONAL RECORD — HOUSE H1721 Provides command and control statistical and implement procedural or policy changes Developed and revised Quick Reaction data to the Commander Air Force Forces to improve operations Checklist (QRC) that were used in the dis- (COMAFFOR) during joint training events Participated in regular Center and em- semination of information to Numbered Air using the Logistics Simulation model ployee performance review sessions Forces (NAF), Major Commands (MAJCOM), (LOGSIM) and Time-Phased Force Deploy- Ordered, acquired, distributed and stored National Military Command Center (NMCC), ment Data (TPFDD) while participating in supplies and the Air Force Operations Center (AFOC) strategic planning of joint exercise scenario Directed or coordinated the supportive Developed and prepared management re- development of assigned major command services department within the organization ports and briefings based on documented programs by implementing and monitoring Hired and terminated administrative per- processes to provide decision makers real- exercise events using the Joint Master Sce- sonnel time data to make informed decisions nario Event List (JMSEL) Prepared and reviewed operational reports Coordinated, directed, monitored, and re- Provides operational level of war subject and schedules to ensure accuracy and effi- ported mission movement during pre, in, and matter expertise to the Air Operations Cen- ciency post flight phases with on and off base agen- ter (AOC) in the command and control arena 2006 to 2008: Military Operations Analyst, cies to ensure successful mission accomplish- while producing message traffic and tele- Lockheed Martin Corporation, 505th Combat ment communications to simulate all levels of Training Squadron, 505th Command and Con- Served as the responsible agency for com- command and control while interacting with trol Wing, Hurlburt Field, Florida mand post operations and executed mission the training audience to provide joint train- Provided subject matter expertise in the movement of the unit’s peacetime, contin- ing command and control arena gency, and wartime flying operations Documents planning and programming de- Received, processed, and controlled data Reviewed and coordinated the daily flying cisions by providing after action comments for operational purposes schedule with all involved agencies to senior leaders for analysis of joint exer- Developed command and control instruc- Analyzed and evaluated unit response re- cise training effectiveness tions and maintained training reference quirements and functioned as the executive Provides administrative direction and col- files, directives, office instructions, lesson agency for the wing command and staff as laborative coordination between cells within plans, training aids and training records related to command and control activities the control group via an embedded email Researched and developed planning and Assisted in development and implementa- function and message release system during training documents supporting the cus- tion of proficiency training and certification joint exercise events tomer’s Air Operations Center (AOC) and Air programs for command post controllers Responsible for scheduling exercises, tests, Force Forces (AFFOR) staff training objec- Provided certification instructions to con- and experimentation support as directed by tives trollers in areas of emergency action proce- Higher Headquarters using the Enterprise Operated models, simulators and collabo- dures, flight following, SORTS, C4 systems, Scheduling Tool (EST) ration tools; prepares databases, controller operational reports, and command post secu- Manages the squadron’s current computer interfaces and reports for various training rity procedures scheduling capabilities and ensures all activities Assisted in managing wing level Status of events are entered into the appropriate soft- Produces message traffic and tele- Resource and Training Systems (SORTS) and ware and databases communications to simulate all levels of other reporting programs Used computer generated messages and re- Re-wrote the 505th Combat Training command and interacts with the training au- ports software to submit reports for unit as- Squadron Controlled/Open Storage Operating dience to provide a realistic environment signed aircraft, along with other operation- Instruction Participated in the planning and execution ally required reports Briefs squadron commanders on current of ARDENT SENTRY-NORTHERN EDGE 07 Collected, consolidated, and reported to and future events, and scheduling conflicts which is a Joint Chiefs of Staff-directed, U.S. higher headquarters combat readiness data Creates, coordinates, and monitors presen- Northern Command (USNORTHCOM) spon- from subordinate flying and non-flying units tations for the organization’s missions, exer- sored homeland defense and Defense Support Assisted with the management and control cises, experimentation support, and associ- of Civil Authorities (DSCA) exercise of facilities, equipment, and supplies Developed a basic knowledge of applicable ated conferences Assisted in the management and control of federal, state and local laws and regulations, Assists in the implementation of the orga- budgets for the command post guidelines issued by DHS, FEMA, EPA, nization’s SharePoint system providing a Assisted in establishing requirements for OSHA and directives such as Homeland Secu- single integrated location where employees command and control activities can efficiently collaborate with team mem- rity Presidential Directives (HSPDs) related Managed accountability for equipment and bers and find organizational resources to emergency preparedness, infrastructure supply accounts Operates models, simulators and collabora- protection and physical security Maintained a current publications library tion tools; prepares databases, controller Primary security monitor responsible for (to include JCS, DoD, USAF, GMAJCOM, interfaces and reports for various training classified safe and records management AFRC, and local C2 directives) activities 2003–2006: Senior Juvenile Detention Offi- Exercise Evaluation team member working Reviews and submits travel authorization cer, State of Florida, Crestview Facility— with United States Air Force, local, and fed- request through the proper channels for ap- Supervised over 400 juveniles in a 30 month eral emergency response personnel to de- proval in support of numerous exercises and period planning and coordinating schedules velop and implement exercises, drills, inspec- events and daily operations tions, training, and assisted in the establish- Coordinate travel estimates between con- Ensured that offender services and pro- ment of documentation and evaluation of tractor, customer and contracts personnel to grams were in compliance with Department emergency response exercises and Emer- be sure funds are added to the contract of Juvenile Justice and court ordered regula- gency Operations Center activation drills Updates cost estimate databases and pro- tions, detention services manual, facility op- Created course materials, developed exer- vides reports to management in the tracking erating procedures and quality assurance cise and tests which provided initial, re- of expenditures involving organization travel standards fresher and recurring training on command cost Assisted operations of detention center emergency actions exercises providing safe, secure care and custody of all 2008: Center Manager/Training Instructor, f JobsPlus, Ft. Walton Beach, FL— assigned detainees without fail Managed and controlled facilities, equip- Developed and implemented corrective ac- LEAVE OF ABSENCE ment, and supplies while supervising 20 em- tion plans By unanimous consent, leave of ab- Maintained a safe environment and created ployees sence was granted to: Conducted research and needs assessment an atmosphere that had zero tolerance for Mr. REYES (at the request of Ms. relevant to course development and revi- detainee escapes, abuse or sexual harassment sions, changes in policies and procedures, Ensured that all detainees were provided PELOSI) for today and the balance of professional development plans and the de- their constitutional rights with special con- the week on account of illness in the livery of course materials cern for legal, medical and mental health family. Planned, prepared, and revised work sched- issues f ules and duty assignments according to cus- Developed and implemented a Home Deten- tomer needs, problems, workloads and statis- tion Monitoring system that was used in two ADJOURNMENT tical forecasts counties to track at risk youths Mr. JACKSON of Illinois. Mr. Speak- Oversaw employment projects managed by 1980–2003: Command and Control Specialist, er, I move that the House do now ad- Center employees, including the ability to United States Air Force, Various Assign- journ. reach placement goals and leverage local re- ments— The motion was agreed to; accord- sources Provided supervision of a 24/7 operating Conducted regular, timely, performance United States Air Force command center di- ingly (at 6 o’clock and 56 minutes evaluations for all Center employees recting oversight of the command, control, p.m.), the House adjourned until to- Conducted monthly Center meetings to communication and information support to morrow, Friday, March 11, 2011, at 9 analyze internal processes and recommend all agencies a.m.

VerDate Mar 15 2010 05:17 Mar 11, 2011 Jkt 099060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\A10MR7.050 H10MRPT1 tjames on DSKG8SOYB1PROD with HOUSE H1722 CONGRESSIONAL RECORD — HOUSE March 10, 2011 EXECUTIVE COMMUNICATIONS, 812. A letter from the Secretary, Depart- duce waste, and improve aviation safety and ETC. ment of Energy, transmitting the Depart- capacity, to provide stable funding for the ment’s Fiscal Year 2010 Agency Financial national aviation system, and for other pur- Under clause 2 of rule XIV, executive Report; to the Committee on Oversight and poses; with an amendment (Rept. 112–29, Pt. communications were taken from the Government Reform. 1). Ordered to be printed. Speaker’s table and referred as follows: 813. A letter from the Assistant Secretary, f 802. A letter from the Director, Policy Indian Affairs, Department of the Interior, Issuances Division, Department of Agri- transmitting the annual report on the Con- REPORTED BILLS SEQUENTIALLY culture, transmitting the Department’s final tract Support Costs of Self-Determination REFERRED rule — Nutrition Labeling of Single-Ingre- Awards, pursuant to Public Law 93-638, sec- tion 106(c); to the Committee on Natural Re- Under clause 2 of rule XII, bills and dient Products and Ground or Chopped Meat reports were delivered to the Clerk for and Poultry Products [Docket No.: FSIS- sources. 2005-0018] (RIN: 0583-AC60) received February 814. A letter from the Director, Office of printing, and bills referred as follows: 18, 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to Surface Mining, Department of the Interior, Mr. MICA: Committee on Transportation the Committee on Agriculture. transmitting the Department’s final rule — and Infrastructure. H.R. 658. A bill to amend 803. A letter from the Congressional Re- Alabama Regulatory Program [SATS No.: title 49, United States Code, to authorize ap- view Coordinator, Department of Agri- AL-075-FOR; Docket No. OSM-2010-0001] re- propriations for the Federal Aviation Admin- culture, transmitting the Department’s final ceived February 16, 2011, pursuant to 5 U.S.C. istration for fiscal years 2011 through 2014, to rule — Citrus Seed Imports; Citrus Greening 801(a)(1)(A); to the Committee on Natural streamline programs, create efficiencies, re- and Citrus Variegated Chlorosis [Docket No.: Resources. duce waste, and improve aviation safety and APHIS-2008-0052] (RIN: 0579-AD07) received 815. A letter from the Rules Administrator, capacity, to provide stable funding for the February 16, 2011, pursuant to 5 U.S.C. Federal Bureau of Prisons, transmitting the national aviation system, and for other pur- 801(a)(1)(A); to the Committee on Agri- Bureau’s final rule — Use of Less-Than-Le- poses; with an amendment; referred to the culture. thal Force: Delegation [BOP-1146-F] (RIN: Committee on the Judiciary for a period end- 804. A letter from the Assistant Secretary, 1120-AB46) received February 18, 2011, pursu- ing not later than March 23, 2011, for consid- Department of Defense, transmitting a letter ant to 5 U.S.C. 801(a)(1)(A); to the Committee eration of such provisions of the bill and regarding the submission of the report speci- on the Judiciary. amendment as fall within the jurisdiction of fying for each Reserve component the addi- 816. A letter from the Rules Administrator, that committee pursuant to clause 1(1), rule tional items of equipment that would be pro- Federal Bureau of Prisons, transmitting the X. cured; to the Committee on Armed Services. Bureau’s final rule — Inmate Furloughs Mr. MICA: Committee on Transportation 805. A letter from the Director, Defense [BOP Docket No.: 1144-F] (RIN: 1120-AB44) re- and Infrastructure. H.R. 658. A bill to amend Procurement and Acquisition Policy, De- ceived February 16, 2011, pursuant to 5 U.S.C. title 49, United States Code, to authorize ap- partment of Defense, transmitting the De- 801(a)(1)(A); to the Committee on the Judici- propriations for the Federal Aviation Admin- partment’s final rule — Defense Federal Ac- ary. istration for fiscal years 2011 through 2014, to quisition Regulation Supplement; Govern- 817. A letter from the President and Chief streamline programs, create efficiencies, re- ment Support Contractor Access to Tech- Executive Officer, Amtrak, National Rail- duce waste, and improve aviation safety and nical Data (DFARS Case 2009-D031) received road Passenger Corporation, transmitting capacity, to provide stable funding for the March 2, 2011, pursuant to 5 U.S.C. the Corporation’s FY 2012 General and Legis- national aviation system, and for other pur- 801(a)(1)(A); to the Committee on Armed lative Annual Report; to the Committee on poses; with an amendment; referred to the Services. Transportation and Infrastructure. Committee on Science, Space, and Tech- 806. A letter from the Director, Defense 818. A letter from the United States Trade nology for a period ending not later than Procurement and Acquisition Policy, De- Representative, Executive Office of the March 23, 2011, for consideration of such pro- partment of Defense, transmitting the De- President, transmitting the 2011 Trade Pol- visions of the bill and amendment as fall partment’s final rule — Defense Federal Ac- icy Agenda and the 2010 Annual Report on within the jurisdiction of that committee quisition Regulation Supplement; Limita- the Trade Agreements Program as prepared pursuant to clause 1(p), rule X. by the Administration, pursuant to 19 U.S.C. tions on Procurements with Non-Defense f Agencies (DFARS Case 2009-D027) (RIN: 0750- 2213, as amended; to the Committee on Ways AG67) received February 16, 2011, pursuant to and Means. PUBLIC BILLS AND RESOLUTIONS 5 U.S.C. 801(a)(1)(A); to the Committee on 819. A letter from the Chief, Publications and Regulations Branch, Internal Revenue Under clause 2 of rule XII, public Armed Services. bills and resolutions of the following 807. A letter from the Director, Depart- Service, transmitting the Service’s final rule ment of the Treasury, transmitting the De- — Lactation Expenses as Medical Expenses titles were introduced and severally re- partment’s final rule — Transfer and Reorga- Announcement 2011-14 received February 15, ferred, as follows: nization of Bank Secrecy Act Regulations- 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the By Mr. LEVIN (for himself, Mr. RAN- Technical Amendment (RIN: 1506-AA92) re- Committee on Ways and Means. GEL, Mr. STARK, Mr. MCDERMOTT, Mr. ceived February 17, 2011, pursuant to 5 U.S.C. 820. A letter from the Assistant Attorney LEWIS of Georgia, Mr. NEAL, Mr. 801(a)(1)(A); to the Committee on Financial General, Department of Justice, transmit- BECERRA, Mr. THOMPSON of Cali- Services. ting first quarterly report of FY 2011 on Uni- fornia, Mr. LARSON of Connecticut, 808. A letter from the Chairman, Federal formed Services Employment and Reemploy- Mr. BLUMENAUER, Mr. KIND, Mr. Reserve System, transmitting the System’s ment Rights Act of 1994; jointly to the Com- PASCRELL, Ms. BERKLEY, and Mr. semiannual Monetary Policy Report, pursu- mittees on the Judiciary and Veterans’ Af- CROWLEY): ant to Public Law 106-569; to the Committee fairs. H.R. 992. A bill to amend the Internal Rev- on Financial Services. 821. A letter from the Director, Congres- enue Code of 1986 to create jobs through in- 809. A letter from the Chairman, Federal sional Budget Office, transmitting the Con- creased investment in infrastructure, and for Energy Regulatory Commission, transmit- gressional Budget Office’s estimate on the other purposes; to the Committee on Ways ting the Commission’s eleventh report de- direct spending and revenue effects of H.R. 2, and Means. scribing the progress made in licensing and the Repealing the Job-Killing Health Care By Mr. FLORES (for himself, Mr. constructing the Alaska natural gas pipeline Law; jointly to the Committees on Energy BOUSTANY, Mr. BOREN, Mr. CASSIDY, and describing any issue impeding that and Commerce, Ways and Means, Education Mr. LANDRY, Mr. GENE GREEN of progress; to the Committee on Energy and and the Workforce, the Judiciary, Natural Texas, Mr. OLSON, Mr. GOHMERT, Mr. Commerce. Resources, House Administration, Appro- BRADY of Texas, Mr. HALL, Mr. 810. A letter from the Assistant Secretary, priations, the Budget, and Rules. CANSECO, Mr. SCALISE, Mr. SMITH of Legislative Affairs, Department of State, f Texas, Mr. HARPER, and Mr. transmitting the Department’s final rule — PALAZZO): Amendment to the International Traffic in REPORTS OF COMMITTEES ON H.R. 993. A bill to extend outer Continental Arms Regulations: Electronic Payment of PUBLIC BILLS AND RESOLUTIONS Shelf leases to accommodate permitting Registration Fees; 60-Day Notice of the Pro- Under clause 2 of rule XIII, reports of delays and to provide operators time to meet posed Statement of Registration Information committees were delivered to the Clerk new drilling and safety requirements; to the Collection (RIN: 1400-AC74) received Feb- Committee on Natural Resources. ruary 25, 2011, pursuant to 5 U.S.C. for printing and reference to the proper By Mr. REHBERG: 801(a)(1)(A); to the Committee on Foreign Af- calendar, as follows: H.R. 994. A bill to require Congress to lead fairs. Mr. MICA: Committee on Transportation by example and freeze its own pay for a fiscal 811. A letter from the Chairman, Com- and Infrastructure. H.R. 658. A bill to amend year unless the Federal government did not modity Futures Trading Commission, trans- title 49, United States Code, to authorize ap- run a deficit in the previous fiscal year; to mitting the Commission’s Strategic Plan, propriations for the Federal Aviation Admin- the Committee on House Administration, FY 2011 to FY 2015; to the Committee on istration for fiscal years 2011 through 2014, to and in addition to the Committee on Over- Oversight and Government Reform. streamline programs, create efficiencies, re- sight and Government Reform, for a period

VerDate Mar 15 2010 04:24 Mar 11, 2011 Jkt 099060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\L10MR7.000 H10MRPT1 tjames on DSKG8SOYB1PROD with HOUSE March 10, 2011 CONGRESSIONAL RECORD — HOUSE H1723

to be subsequently determined by the Speak- KEY, Ms. ROS-LEHTINEN, Ms. MATSUI, HASTINGS of Florida, Mr. HOLDEN, Ms. er, in each case for consideration of such pro- Mr. ROTHMAN of New Jersey, Mrs. EDDIE BERNICE JOHNSON of Texas, Mr. visions as fall within the jurisdiction of the MCCARTHY of New York, Ms. ROYBAL- KING of New York, Mrs. MALONEY, committee concerned. ALLARD, Ms. MCCOLLUM, Ms. LINDA T. Ms. ROYBAL-ALLARD, Mr. ROYCE, Mr. By Mr. CARNAHAN (for himself and SA´ NCHEZ of California, Mr. THOMPSON of Mississippi, Mr. LUCAS, Mr. ROGERS of Michigan): MCDERMOTT, Mr. SARBANES, Mr. Mr. DOGGETT, Mr. DOYLE, Mr. H.R. 995. A bill to improve transportation MCGOVERN, Ms. SCHAKOWSKY, Mr. FRELINGHUYSEN, Mr. JONES, Mr. safety, efficiency, and system performance MEEKS, Mr. SERRANO, Mr. MICHAUD, LATHAM, Mr. LOBIONDO, Mrs. MYRICK, through innovative technology deployment Mr. SHERMAN, Ms. MOORE, Ms. Mr. WHITFIELD, Mr. BRADY of Texas, and operations; to the Committee on Trans- SPEIER, Mr. MORAN, Mr. STARK, Mr. Mrs. MCCARTHY of New York, Mr. portation and Infrastructure. MURPHY of Connecticut, Ms. SUTTON, MCGOVERN, Mr. PASCRELL, Mr. PITTS, By Mr. MCGOVERN (for himself, Mr. Mr. NADLER, Mr. TONKO, Mrs. Mr. ROTHMAN of New Jersey, Ms. LO- ISSA, and Mr. BOUSTANY): NAPOLITANO, Mr. TOWNS, Mr. NEAL, RETTA SANCHEZ of California, Mr. H.R. 996. A bill to limit the use of cluster Ms. TSONGAS, Ms. NORTON, Mr. VAN SESSIONS, Mr. SHIMKUS, Mr. MEEKS, munitions; to the Committee on Armed HOLLEN, Mr. OLVER, Ms. WASSERMAN Mrs. BONO MACK, Mr. BRADY of Penn- Services. SCHULTZ, Mr. PALLONE, Mr. WAXMAN, sylvania, Mr. INSLEE, Mr. CHABOT, By Mr. KING of Iowa (for himself, Mr. Mr. PETERS, Mr. WEINER, Ms. PIN- Mrs. BIGGERT, Mr. GONZALEZ, Mr. GOHMERT, Mr. JONES, Mr. TURNER, GREE of Maine, Mr. WELCH, Mr. HOLT, Mr. SIMPSON, Mr. WEINER, Mr. Mr. ROSS of Florida, Mr. WESTMORE- QUIGLEY, Ms. WOOLSEY, Ms. RICHARD- CRENSHAW, Mr. CULBERSON, Mr. LAND, Mrs. BACHMANN, Mr. POSEY, SON, Mr. WU, Mr. YARMUTH, Mr. GRAVES of Missouri, Mr. ISRAEL, Mr. Mr. BROUN of Georgia, Mr. COHEN, Mr. CUMMINGS, Ms. EDDIE MATHESON, Mr. PLATTS, Mr. LATOURETTE, Mr. WITTMAN, Mr. ROE BERNICE JOHNSON of Texas, Mr. REHBERG, Mr. ROGERS of Michigan, of Tennessee, Mr. BURTON of Indiana, PASCRELL, Mr. CARSON of Indiana, Mr. ROSS of Arkansas, Mr. TIBERI, Mr. ROKITA, Mr. BARTON of Texas, and Mr. JOHNSON of Georgia): Mr. FORBES, Mr. WILSON of South Mrs. BLACKBURN, Mr. LONG, Mr. H.R. 998. A bill to end discrimination based Carolina, Mr. SULLIVAN, Mr. ALEX- SCHOCK, Mr. COFFMAN of Colorado, on actual or perceived sexual orientation or ANDER, Mr. BISHOP of New York, Mrs. Mr. BUCHANAN, Mr. MCCAUL, Mr. SAM gender identity in public schools, and for BLACKBURN, Mr. BURGESS, Mr. JOHNSON of Texas, Mr. ROHRABACHER, other purposes; to the Committee on Edu- CARDOZA, Mr. CARTER, Mr. COLE, Mr. Mr. LATTA, Mr. NEUGEBAUER, Mr. cation and the Workforce. GARRETT, Mr. GERLACH, Mr. JORDAN, Mrs. EMERSON, Mr. GARY G. By Ms. SCHAKOWSKY (for herself, Ms. GRIJALVA, Mr. KING of Iowa, Mr. MILLER of California, Mr. HERGER, DEGETTE, Mr. FARR, Mr. FRANK of KLINE, Mr. MURPHY of Pennsylvania, Mr. CAMPBELL, Mrs. ADAMS, Mr. WIL- Massachusetts, Mr. HINCHEY, Ms. LEE Mr. RYAN of Ohio, Mr. DAVID SCOTT of SON of South Carolina, Mr. BARTLETT, of California, Mr. LIPINSKI, Mrs. Georgia, Mr. BARROW, Mr. BOREN, Mr. Mr. DREIER, Mr. SULLIVAN, Mr. MALONEY, Ms. MCCOLLUM, Ms. PIN- BOUSTANY, Mr. CONAWAY, Mr. COSTA, LAMBORN, Mr. DAVIS of Kentucky, GREE of Maine, Ms. WOOLSEY, Mr. Mr. DENT, Ms. FOXX, Mr. MCCAUL, Mr. BACHUS, Mr. ROGERS of Michigan, HONDA, Mr. PRICE of North Carolina, Mrs. MCMORRIS RODGERS, Mr. MACK, Mr. PAUL, Mr. DUNCAN of Tennessee, Mr. SERRANO, Mr. GRIJALVA, Mr. Mr. MARCHANT, Mr. POE of Texas, Mr. Mr. MCCOTTER, Mr. GINGREY of Geor- GEORGE MILLER of California, Mr. REICHERT, Ms. SCHWARTZ, Mr. WEST- gia, Mrs. MCMORRIS RODGERS, Ms. STARK, Mr. PAYNE, Mr. WAXMAN, Mrs. MORELAND, Ms. MATSUI, Mr. SIRES, FOXX, Mr. SIMPSON, Mr. MCCLINTOCK, CAPPS, and Mr. WEINER): Mrs. BACHMANN, Mr. HELLER, Mr. Mr. MILLER of Florida, Mr. TIBERI, H.R. 999. A bill to amend title XVIII of the JORDAN, Mr. MCNERNEY, Mr. SHULER, Mr. SCALISE, Mr. FRANKS of Arizona, Social Security Act to deliver a meaningful Mr. SMITH of Nebraska, Ms. RICHARD- Mr. SMITH of Nebraska, Mr. GOOD- benefit and lower prescription drug prices SON, Mr. LATTA, Mr. WITTMAN, Ms. LATTE, Mr. FLEMING, Mrs. MYRICK, under the Medicare Program; to the Com- SPEIER, Mr. SCALISE, Mr. CHAFFETZ, Mr. RIGELL, Mr. HARRIS, Mr. JOHNSON mittee on Energy and Commerce, and in ad- Mr. HARPER, Mr. HUNTER, Mr. LANCE, of Ohio, Mr. WEST, Mr. WALBERG, and dition to the Committee on Ways and Means, Mr. OLSON, Mr. PAULSEN, Mr. POSEY, Mr. CHABOT): for a period to be subsequently determined Mr. ROONEY, Mr. THOMPSON of Penn- H.R. 997. A bill to declare English as the of- by the Speaker, in each case for consider- sylvania, Mr. OWENS, Mr. CRITZ, Mr. ficial language of the United States, to es- ation of such provisions as fall within the ju- REED, Mr. FITZPATRICK, Mrs. ADAMS, tablish a uniform English language rule for risdiction of the committee concerned. naturalization, and to avoid misconstruc- Mr. BARLETTA, Mrs. BLACK, Mr. By Mr. PIERLUISI (for himself, Mr. GOSAR, Mr. GRIMM, Mr. HANNA, Mr. tions of the English language texts of the OUNG URTON Y of Alaska, Mr. B of Indi- HUELSKAMP, Mr. HULTGREN, Mr. laws of the United States, pursuant to Con- OWNS ALEOMAVAEGA ana, Mr. T , Mr. F , LONG, Mr. MCKINLEY, Mrs. NOEM, Mr. gress’ powers to provide for the general wel- ERRANO ACKSON EE Mr. S , Ms. J L of QUAYLE, Mr. RUNYAN, Mr. SMITH of fare of the United States and to establish a HRISTENSEN ROW Texas, Mrs. C , Mr. C - New Jersey, Mr. BROUN of Georgia, uniform rule of naturalization under article LEY ACA ORDALLO , Mr. B , Ms. B , Mr. Mr. CALVERT, Mr. DANIEL E. LUNGREN I, section 8, of the Constitution; to the Com- IAZ ALART RIJALVA D -B , Mr. G , Ms. of California, Ms. GRANGER, Mr. BUR- mittee on Education and the Workforce, and ASSERMAN CHULTZ ABLAN W S , Mr. S , TON of Indiana, Mr. GRIFFIN of Arkan- in addition to the Committee on the Judici- RIMM IVERA Mr. G , and Mr. R ): sas, Mr. TONKO, and Mr. HINOJOSA): ary, for a period to be subsequently deter- H.R. 1000. A bill to amend title 10, United mined by the Speaker, in each case for con- H.R. 1002. A bill to restrict any State or States Code, to increase the number of per- local jurisdiction from imposing a new dis- sideration of such provisions as fall within sons appointed to the military service acad- the jurisdiction of the committee concerned. criminatory tax on cell phone services, pro- emies from Puerto Rico from nominations viders, or property; to the Committee on the By Mr. POLIS (for himself, Mr. ACKER- made by the Resident Commissioner from Judiciary. MAN, Mr. FARR, Mr. BACA, Mr. FIL- Puerto Rico; to the Committee on Armed By Mr. YOUNG of Alaska: NER, Ms. BALDWIN, Mr. FRANK of Mas- Services. H.R. 1003. A bill to amend title 10, United sachusetts, Ms. BERKLEY, Mr. AL By Mr. MCINTYRE: States Code, to authorize space-available GREEN of Texas, Mr. BERMAN, Mr. H.R. 1001. A bill to amend title II of the So- travel on military aircraft for reserve mem- GRIJALVA, Mr. BLUMENAUER, Mr. cial Security Act to allow workers who at- bers, former members of a reserve compo- GUTIERREZ, Mr. BRADY of Pennsyl- tain age 65 after 1981 and before 1992 to nent, and unremarried surviving spouses and vania, Mr. HASTINGS of Florida, Mr. choose either lump sum payments over four dependents of such members and former BRALEY of Iowa, Mr. HIMES, Mrs. years totalling $5,000 or an improved benefit members; to the Committee on Armed Serv- CAPPS, Mr. HINCHEY, Mr. CAPUANO, computation formula under a new 10-year ices. Ms. HIRONO, Ms. CASTOR of Florida, rule governing the transition to the changes By Mr. BOUSTANY (for himself, Mr. Mr. HOLT, Ms. CHU, Mr. HONDA, Mr. in benefit computation rules enacted in the LARSON of Connecticut, Mr. PAULSEN, CICILLINE, Mr. ISRAEL, Ms. CLARKE of Social Security Amendments of 1977, and for Mr. JOHNSON of Illinois, Mr. BISHOP of New York, Mr. JACKSON of Illinois, other purposes; to the Committee on Ways Georgia, and Mr. BURTON of Indiana): Mr. COURTNEY, Ms. JACKSON LEE of and Means. H.R. 1004. A bill to amend the Internal Rev- Texas, Mr. CROWLEY, Mr. KILDEE, By Ms. ZOE LOFGREN of California enue Code of 1986 to increase participation in Mrs. DAVIS of California, Mr. (for herself, Mr. FRANKS of Arizona, medical flexible spending arrangements; to KUCINICH, Mr. DEFAZIO, Mr. Mr. SMITH of Texas, Mr. COHEN, Mr. the Committee on Ways and Means. LANGEVIN, Ms. DEGETTE, Mr. LARSON COBLE, Ms. JACKSON LEE of Texas, By Mr. BOUSTANY (for himself and of Connecticut, Mr. DEUTCH, Ms. LEE Mr. SENSENBRENNER, Mr. HALL, Mr. Mr. NEAL): of California, Mr. DOYLE, Mr. LEVIN, ROGERS of Kentucky, Mr. ACKERMAN, H.R. 1005. A bill to amend title XVIII of the Mr. ELLISON, Mr. LEWIS of Georgia, Mr. BARTON of Texas, Mr. GALLEGLY, Social Security Act to preserve access to Mr. ENGEL, Ms. ZOE LOFGREN of Cali- Mr. UPTON, Mr. PALLONE, Mr. ambulance services under the Medicare pro- fornia, Ms. ESHOO, Mr. LUJA´ N, Mr. STEARNS, Ms. ESHOO, Mr. GENE GREEN gram; to the Committee on Energy and Com- KEATING, Mrs. MALONEY, Mr. MAR- of Texas, Mr. GUTIERREZ, Mr. merce, and in addition to the Committee on

VerDate Mar 15 2010 04:24 Mar 11, 2011 Jkt 099060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\L10MR7.100 H10MRPT1 tjames on DSKG8SOYB1PROD with HOUSE H1724 CONGRESSIONAL RECORD — HOUSE March 10, 2011 Ways and Means, for a period to be subse- dren of members of the Armed Forces who By Mr. THORNBERRY: quently determined by the Speaker, in each are serving on active duty or who have H.R. 1023. A bill to secure unrestricted reli- case for consideration of such provisions as served on active duty through the presen- able energy for American consumption and fall within the jurisdiction of the committee tation of an official lapel button; to the transmission; to the Committee on Natural concerned. Committee on Armed Services. Resources, and in addition to the Commit- By Mr. BURTON of Indiana (for him- By Ms. LEE of California (for herself, tees on Ways and Means, and Energy and self, Mr. GARRETT, Mr. LAMBORN, Mr. Mr. JOHNSON of Georgia, and Ms. Commerce, for a period to be subsequently WALSH of Illinois, Mr. TIBERI, Mr. SPEIER): determined by the Speaker, in each case for SHULER, Mr. ENGEL, Ms. ROS- H.R. 1015. A bill to provide for the hon- consideration of such provisions as fall with- LEHTINEN, Mr. MCKINLEY, Mr. ROSS of orary promotion of Charles Young to the in the jurisdiction of the committee con- Florida, Mr. CHABOT, Mr. POMPEO, grade of brigadier general in the United cerned. and Mr. GRIMM): States Army; to the Committee on Armed By Ms. TSONGAS: H.R. 1006. A bill to recognize Jerusalem as Services. H.R. 1024. A bill to prohibit entities from the capital of Israel, to relocate to Jeru- By Ms. LEE of California: using Federal funds to contribute to political salem the United States Embassy in Israel, H.R. 1016. A bill to measure the progress of campaigns or participate in lobbying activi- and for other purposes; to the Committee on relief, recovery, reconstruction, and develop- ties; to the Committee on the Judiciary, and Foreign Affairs. ment efforts in Haiti following the earth- in addition to the Committee on House Ad- By Ms. CLARKE of New York: quake of January 12, 2010, and for other pur- ministration, for a period to be subsequently H.R. 1007. A bill to amend the Homeland poses; to the Committee on Foreign Affairs. determined by the Speaker, in each case for Security Act of 2002 to establish an appeal By Mr. MARKEY (for himself, Mr. consideration of such provisions as fall with- in the jurisdiction of the committee con- and redress process for individuals who are OWENS, Mr. WELCH, Ms. DELAURO, cerned. screened against the terrorist watchlist and and Mrs. CAPPS): By Mr. WALZ of Minnesota (for him- wrongly delayed or prohibited from boarding H.R. 1017. A bill to provide for the sale of self, Mr. LATHAM, and Mr. RUNYAN): a flight, or denied a right, benefit, or privi- light grade petroleum from the Strategic Pe- lege, and for other purposes; to the Com- H.R. 1025. A bill to amend title 38, United troleum Reserve and its replacement with States Code, to recognize the service in the mittee on Homeland Security. refined petroleum product; to the Committee By Mr. DUNCAN of Tennessee: reserve components of certain persons by on Energy and Commerce. honoring them with status as veterans under H.R. 1008. A bill to authorize the convey- By Mr. NUNES (for himself and Mr. ance of a small parcel of National Forest law; to the Committee on Veterans’ Affairs. ROWLEY): C By Ms. WATERS (for herself, Mr. System land in the Cherokee National For- H.R. 1018. A bill to amend the Internal Rev- FRANK of Massachusetts, Mr. GUTIER- est and to authorize the Secretary of Agri- enue Code of 1986 to make permanent the de- REZ, Mr. AL GREEN of Texas, Mr. culture to use the proceeds from that con- duction for mortgage insurance premiums; COSTELLO, Ms. MATSUI, and Mr. veyance to acquire a parcel of land for inclu- to the Committee on Ways and Means. CARDOZA): sion in that national forest, and for other By Mr. ROONEY (for himself and Mr. purposes; to the Committee on Agriculture, H.R. 1026. A bill to extend the authoriza- HUNTER): and in addition to the Committee on the tion for the national flood insurance pro- H.R. 1019. A bill to ensure that members of gram, to identify priorities essential to re- Budget, for a period to be subsequently de- the Armed Forces and civilian employees of termined by the Speaker, in each case for form and ongoing stable functioning of the the Department of Defense who were killed consideration of such provisions as fall with- program, and for other purposes; to the Com- or wounded in certain attacks in 2009 and in the jurisdiction of the committee con- mittee on Financial Services. 2011 directed at members or employees out- cerned. By Mr. WEINER (for himself, Mr. ACK- side of a combat zone are treated in the same By Ms. ESHOO (for herself, Mr. ERMAN, Mr. BISHOP of New York, Mr. manner as members and employees who are SHIMKUS, and Mr. DOYLE): CROWLEY, Mr. ENGEL, Mr. HIGGINS, killed or wounded in combat zones; to the H.R. 1009. A bill to amend the Communica- Mr. HINCHEY, Mr. ISRAEL, Mr. KING of Committee on Armed Services, and in addi- tions Act of 1934 to authorize 3 or more Com- New York, Mrs. LOWEY, Mrs. tion to the Committee on Oversight and Gov- missioners of the Federal Communications MALONEY, Mrs. MCCARTHY of New ernment Reform, for a period to be subse- Commission to hold nonpublic collaborative York, Mr. MEEKS, Mr. NADLER, Mr. quently determined by the Speaker, in each discussions, and for other purposes; to the OWENS, Mr. RANGEL, Mr. SERRANO, case for consideration of such provisions as Committee on Energy and Commerce. Mr. TONKO, Ms. SLAUGHTER, Ms. fall within the jurisdiction of the committee By Mr. FORBES: BUERKLE, Ms. HAYWORTH, Mr. GIBSON, H.R. 1010. A bill to provide for expedited concerned. Mr. GRIMM, Mr. HANNA, Mr. TOWNS, consideration by the Supreme Court of cer- By Mr. SABLAN (for himself, Mr. Ms. VELA´ ZQUEZ, and Ms. CLARKE of tain actions challenging the constitu- FALEOMAVAEGA, Mrs. CHRISTENSEN, New York): tionality of certain provisions of the Patient and Ms. BORDALLO): H.R. 1027. A bill to provide for the award of Protection and Affordable Care Act; to the H.R. 1020. A bill to amend the Energy Pol- a gold medal on behalf of Congress post- Committee on the Judiciary. icy Act of 2005 to include American Samoa, humously to Father Mychal Judge, O.F.M., By Mr. HASTINGS of Washington (for Guam, the Commonwealth of the Northern beloved Chaplain of the Fire Department of himself, Mrs. MCMORRIS RODGERS, Mariana Islands, Puerto Rico, and the Virgin New York who passed away as the first re- and Ms. HERRERA BEUTLER): Islands in certain efforts to reduce diesel corded victim of the September 11, 2001, at- H.R. 1011. A bill to amend the Internal Rev- emissions; to the Committee on Energy and tacks in recognition of his example to the enue Code of 1986 to allow tax-exempt bond Commerce. Nation of selfless dedication to duty and financing for fixed-wing emergency medical By Mr. SMITH of Texas (for himself, compassion for one’s fellow citizens; to the aircraft; to the Committee on Ways and Mr. COHEN, Mr. COBLE, and Mr. CON- Committee on Financial Services. Means. YERS): By Mr. WEINER (for himself, Mr. By Ms. HERRERA BEUTLER: H.R. 1021. A bill to prevent the termination FRANK of Massachusetts, Mr. POLIS, H.R. 1012. A bill to provide for a 10 percent of the temporary office of bankruptcy judges Ms. BALDWIN, Mr. CICILLINE, Ms. reduction in pay for Members of Congress, in certain judicial districts; to the Com- RICHARDSON, Mr. HONDA, Mr. GUTIER- the President, and the Vice President; to the mittee on the Judiciary. REZ, Ms. NORTON, Ms. BERKLEY, Mr. Committee on Oversight and Government By Ms. SPEIER (for herself, Mr. AUS- LANGEVIN, Mr. ROTHMAN of New Jer- Reform, and in addition to the Committee on TRIA, Ms. BERKLEY, Ms. BORDALLO, sey, Ms. BROWN of Florida, Mr. House Administration, for a period to be sub- Mr. BUTTERFIELD, Mr. CONYERS, Mr. DOYLE, Mr. CAPUANO, Mr. ACKERMAN, sequently determined by the Speaker, in FARR, Mr. AL GREEN of Texas, Mr. Mr. BERMAN, Ms. MOORE, Mr. TOWNS, each case for consideration of such provi- JACKSON of Illinois, Ms. JACKSON LEE Mr. GRIJALVA, Mr. ISRAEL, Mr. sions as fall within the jurisdiction of the of Texas, Ms. LEE of California, Mr. ELLISON, Mr. BRADY of Pennsylvania, committee concerned. LEWIS of Georgia, Ms. ZOE LOFGREN Mr. MCGOVERN, Mr. NADLER, Mr. By Mr. KEATING: of California, Mr. MCDERMOTT, Mr. MORAN, Mr. SERRANO, Mrs. MALONEY, H.R. 1013. A bill to amend the Magnuson- GEORGE MILLER of California, Ms. Mr. GEORGE MILLER of California, Mr. Stevens Fishery Conservation and Manage- MOORE, Mrs. NAPOLITANO, Mr. RAN- HINCHEY, Ms. CHU, Mr. ENGEL, Ms. ment Act to provide the New England Fish- GEL, Mr. REYES, Mr. SHERMAN, Mr. WOOLSEY, Ms. ZOE LOFGREN of Cali- ery Management Council additional re- THOMPSON of Mississippi, Ms. ESHOO, fornia, Mr. PALLONE, Mr. MICHAUD, sources to address research and monitoring and Ms. CLARKE of New York): Ms. EDDIE BERNICE JOHNSON of Texas, priorities established by the Council; to the H.R. 1022. A bill to authorize the Secretary Ms. PINGREE of Maine, Mr. FILNER, Committee on Natural Resources. of the Interior to conduct a study of alter- Mrs. CAPPS, Mr. STARK, Mr. HOLT, By Mr. LATTA (for himself, Mrs. natives for commemorating and interpreting Mr. HIGGINS, Mr. SHERMAN, and Ms. MCMORRIS RODGERS, Ms. KAPTUR, and the role of the Buffalo Soldiers in the early SPEIER): Mr. ROSS of Florida): years of the National Parks, and for other H.R. 1028. A bill to provide for equal access H.R. 1014. A bill to amend title 10, United purposes; to the Committee on Natural Re- to COBRA continuation coverage; to the States Code, to recognize the dependent chil- sources. Committee on Education and the Workforce,

VerDate Mar 15 2010 04:24 Mar 11, 2011 Jkt 099060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\L10MR7.100 H10MRPT1 tjames on DSKG8SOYB1PROD with HOUSE March 10, 2011 CONGRESSIONAL RECORD — HOUSE H1725 and in addition to the Committees on Energy H. Res. 164. A resolution expressing the Clause 3 of Section 8 of Article 1 of the and Commerce, and Ways and Means, for a condolences of the House of Representatives Constitution. period to be subsequently determined by the to the people of the Islamic Republic of By Ms. SCHAKOWSKY: Speaker, in each case for consideration of Pakistan upon the assassination of Shahbaz H.R. 999. such provisions as fall within the jurisdic- Bhatti, Minister for Minorities, who coura- Congress has the power to enact this legis- tion of the committee concerned. geously advocated for religious freedom and lation pursuant to the following: By Mr. WHITFIELD (for himself and tolerance in Pakistan and calling on the The constitutional authority of Congress Mr. POLIS): United States to renew its efforts with inter- to enact this legislation is provided by Arti- H.R. 1029. A bill to provide for payment to national partners in the Human Rights cle 1, Section 8 of the United States Con- the survivor or surviving family members of Council and the United Nations General As- stitution (Clause 3), which grants Congress compensation otherwise payable to a con- sembly to promote religious freedom and tol- the power to regulate commerce among the tractor employee of the Department of En- erance in accordance with international several states. ergy who dies after application for com- human rights standards; to the Committee By Mr. PIERLUISI: pensation under the Energy Employees Occu- on Foreign Affairs. H.R. 1000. pational Illness Compensation Program Act Congress has the power to enact this legis- of 2000, and for other purposes; to the Com- f lation pursuant to the following: mittee on the Judiciary, and in addition to CONSTITUTIONAL AUTHORITY The constitutional authority on which this the Committee on Education and the Work- STATEMENT bill rests is the power of the Congress to force, for a period to be subsequently deter- raise and support Armies, as enumerated in mined by the Speaker, in each case for con- Pursuant to clause 7 of rule XII of Article I, Section 8, Clause 12 of the United sideration of such provisions as fall within the Rules of the House of Representa- States Constitution, and to make all laws the jurisdiction of the committee concerned. tives, the following statements are sub- which shall be necessary and proper for car- By Mr. WHITFIELD (for himself and mitted regarding the specific powers rying into execution such power as enumer- Mr. POLIS): granted to Congress in the Constitu- ated in Article I, Section 8, Clause 18 of the H.R. 1030. A bill to amend the Energy Em- tion to enact the accompanying bill or Constitution. ployees Occupational Illness Compensation By Mr. MCINTYRE: Program Act of 2000 to establish the Advi- joint resolution. H.R. 1001. sory Board on Toxic Substances and Worker By Mr. LEVIN: Congress has the power to enact this legis- Health for the contractor employee com- H.R. 992. lation pursuant to the following: pensation program under subtitle E of such Congress has the power to enact this legis- This bill is enacted pursuant to the power Act; to the Committee on the Judiciary, and lation pursuant to the following: granted to Congress under Article I, Section in addition to the Committee on Education The Congress enacts this bill pursuant to 8 of the United States Constitution. and the Workforce, for a period to be subse- Sections 7 and 8 of Article I of the United By Ms. ZOE LOFGREN of California: quently determined by the Speaker, in each States Constitution and Amendment XVI of H.R. 1002. Congress has the power to enact this legis- case for consideration of such provisions as the United States Constitution. lation pursuant to the following: fall within the jurisdiction of the committee By Mr. FLORES: Section 5 of the 14th Amendment to the concerned. H.R. 993. Constitution and Congress’ plenary power By Ms. JACKSON LEE of Texas (for Congress has the power to enact this legis- under Article I, Section 8, Clause 3 of the herself, Mr. CLEAVER, Mr. MEEKS, Mr. lation pursuant to the following: Constitution (commonly known as the ‘‘com- BUTTERFIELD, Ms. BROWN of Florida, Article I, Section 8, Clause 3 of the Con- merce clause’’), in order to ensure that Mr. GONZALEZ, Ms. EDDIE BERNICE stitution of the United States. States and political subdivisions thereof do JOHNSON of Texas, Ms. LEE of Cali- By Mr. REHBERG: not discriminate against providers and con- fornia, Ms. FUDGE, Mr. JACKSON of Il- H.R. 994. sumers of mobile services by imposing new linois, Ms. CLARKE of New York, Mr. Congress has the power to enact this legis- selective and excessive taxes and other bur- CARSON of Indiana, Ms. SPEIER, Mr. lation pursuant to the following: dens on such providers and consumers. ELLISON, Ms. CHU, Mr. RICHMOND, Ms. Clause 1 of Section 6 of Article I of the By Mr. YOUNG of Alaska: WATERS, Ms. MOORE, Ms. RICHARD- Constitution which states ‘‘The Senators and Representatives shall receive a Compensa- H.R. 1003. SON, and Mr. AL GREEN of Texas): Congress has the power to enact this legis- H. Res. 160. A resolution honoring the 50th tion for their Services, to be ascertained by Law, and paid out of the Treasury of the lation pursuant to the following: anniversary of the Houston Forward Times; The constitutional authority of Congress United States.’’ and Clause 1 of Section 1 of to the Committee on Oversight and Govern- to enact this legislation is provided by Arti- Article I which states: ‘‘All legislative Pow- ment Reform. cle I, Section 8 of the United States Con- ers herein granted shall be vested in a Con- By Mr. CROWLEY (for himself and Mr. stitution (Clauses 12, 13, 14, 16, and 18), which gress of the United States, which shall con- KING of New York): grants Congress the power to raise and sup- sist of a Senate and House of Representa- H. Res. 161. A resolution honoring the 250th port an Army; to provide and maintain a tives.’’ anniversary of New York’s St. Patrick’s Day Navy; to make rules for the government and By Mr. CARNAHAN: parade; to the Committee on Oversight and regulation of the land and naval forces; to H.R. 995. Government Reform. provide for organizing, arming, and dis- Congress has the power to enact this legis- By Mr. LATTA: ciplining the militia; and to make all laws H. Res. 162. A resolution expressing the lation pursuant to the following: necessary and proper for carrying out the sense of the House of Representatives that Article I, Section 8, Clause 3, the Com- foregoing powers. any comprehensive plan to reform our na- merce Clause. By Mr. BOUSTANY: tional energy policy must promote the ex- By Mr. McGOVERN: H.R. 1004. panded use of renewable and alternative en- H.R. 996. Congress has the power to enact this legis- ergy sources; increase our domestic refining Congress has the power to enact this legis- lation pursuant to the following: capacity; promote conservation and in- lation pursuant to the following: Article I, Section 8, Clause 1: The Congress creased energy efficiency; expand research The Constitution’s instruction ‘‘ to provide shall have Power to lay and collect Taxes, and development, including domestic explo- for the common defense’’; and under Article Duties, Imposts and Excises, to pay the ration; and enhance consumer education; to I, Section 8, the clause stating, ‘‘To make all Debts and provide for the common Defence the Committee on Energy and Commerce, Laws which shall be necessary and proper for and general Welfare of the United States; but and in addition to the Committee on carrying into Execution the foregoing Pow- all Duties, Imposts and Excises shall be uni- Science, Space, and Technology, for a period ers, and all other Powers vested by this Con- form throughout the United States. to be subsequently determined by the Speak- stitution in the Government of the United Sixteenth Amendment: The Congress shall er, in each case for consideration of such pro- States, or in any Department or Officer have power to lay and collect taxes on in- visions as fall within the jurisdiction of the thereof.’’ comes, from whatever source derived, with- committee concerned. By Mr. KING of Iowa: out apportionment among the several By Ms. NORTON: H.R. 997. States, and without regard to any census or H. Res. 163. A resolution supporting the Congress has the power to enact this legis- enumeration. rights of all workers and calling for an end lation pursuant to the following: By Mr. BOUSTANY: to the recent attacks on workers; to the This bill is enacted pursuant to Congress’ H.R. 1005. Committee on Education and the Workforce. powers to provide for the general welfare of Congress has the power to enact this legis- By Mr. SMITH of New Jersey (for him- the United States and to establish a uniform lation pursuant to the following: self, Mr. WOLF, Mr. ACKERMAN, Mr. rule of naturalization under Article I, Sec- Clause 3 of Section 8 of Article 1 of the CAPUANO, Mr. DUNCAN of South Caro- tion 8, of the United States Constitution. Constitution. lina, Ms. JACKSON LEE of Texas, Mr. By Mr. POLIS: Clause 1 of Section 8 of Article 1 of the DANIEL E. LUNGREN of California, Ms. H.R. 998. Constitution. SPEIER, Mr. JONES, Mrs. SCHMIDT, Mr. Congress has the power to enact this legis- Clause 18 of Section 8 of Article 1 of the ROHRABACHER, and Mr. SIRES): lation pursuant to the following: Constitution.

VerDate Mar 15 2010 04:24 Mar 11, 2011 Jkt 099060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\L10MR7.100 H10MRPT1 tjames on DSKG8SOYB1PROD with HOUSE H1726 CONGRESSIONAL RECORD — HOUSE March 10, 2011 By Mr. BURTON of Indiana: By Mr. MARKEY: Article 1, Section 8, Clause 18 of the United H.R. 1006. H.R. 1017. States Constitution. Congress has the power to enact this legis- Congress has the power to enact this legis- By Mr. WHITFIELD: lation pursuant to the following: lation pursuant to the following: H.R. 1030. Article 1, Section 8, Clause 14 and 18. Article 1, Section 8, Clause 1 and Article 1, Congress has the power to enact this legis- By Ms. CLARKE of New York: Section 8, Clause 18. lation pursuant to the following: H.R. 1007. By Mr. NUNES: Article 1, Section 8, Clause 18 of the United Congress has the power to enact this legis- H.R. 1018. States Constitution. lation pursuant to the following: Congress has the power to enact this legis- Article I, Section 8 of the U.S. Constitu- lation pursuant to the following: f tion. Clause 1 of Section 8 of Article I of the By Mr. DUNCAN of Tennessee: Constitution of the United States. ADDITIONAL SPONSORS H.R. 1008. By Mr. ROONEY: Under clause 7 of rule XII, sponsors Congress has the power to enact this legis- H.R. 1019. lation pursuant to the following: were added to public bills and resolu- Congress has the power to enact this legis- tions as follows: The constitutional authority of Congress lation pursuant to the following: to enact this legislation is provided by Arti- Article 1, Section 8 (Clauses 12, 13, 14, 16, H.R. 3: Mr. ROONEY and Mr. REHBERG. cle I, Section 8 of the United States Con- 18) which grants Congress power to raise and H.R. 27: Mr. PASTOR of Arizona. stitution, specifically Clause 1 (relating to support an army; provide and maintain a H.R. 35: Mr. HUNTER. the power of Congress to provide for the gen- navy; to make rules for the government and H.R. 68: Mr. HENSARLING. eral welfare of the United States) and Clause regulation of the land and naval forces; to H.R. 104: Mr. CLARKE of Michigan. 18 (relating to the power to make all laws provide for the organizing, arming and dis- H.R. 122: Mr. HUELSKAMP and Mr. HERGER. necessary and proper for carrying out the ciplining the militia; and to make all laws H.R. 174: Ms. CLARKE of New York, Mrs. powers vested in Congress), and Article IV, necessary and proper to carrying out the CHRISTENSEN, Ms. RICHARDSON, Mr. RICH- Section 3, Clause 2 (relating to the power of foregoing powers. MOND, Mr. DAVIS of Illinois, and Mr. Congress to dispose of and make all needful By Mr. SABLAN: KEATING. rules and regulations respecting the terri- H.R. 1020. H.R. 198: Mr. SESSIONS and Ms. HIRONO. tory or other property belonging to the Congress has the power to enact this legis- H.R. 217: Mr. REHBERG. United States). lation pursuant to the following: H.R. 218: Mr. SABLAN. By Ms. ESHOO: Under Article I, Section 8, Clause 3 and Ar- H.R. 219: Mr. POSEY. H.R. 1009. ticle IV, Section 3, Clause 2 of the Constitu- H.R. 263: Ms. TSONGAS. Congress has the power to enact this legis- tion. H.R. 276: Mr. CARTER. lation pursuant to the following: By Mr. SMITH of Texas: H.R. 280: Mr. GARY G. MILLER of California. Article I, Section 8; Article IV, Section 3. H.R. 1021. H.R. 308: Mr. MCNERNEY, Ms. CLARKE of By Mr. FORBES: Congress has the power to enact this legis- New York, and Ms. HANABUSA. H.R. 1010. lation pursuant to the following: H.R. 365: Mr. NUNES. Congress has the power to enact this legis- The power of Congress to create inferior H.R. 399: Mr. STARK. lation pursuant to the following: H.R. 412: Ms. HERRERA BEUTLER. Article III, Section 2, Clause 2. federal courts pursuant to Article III, Sec- H.R. 432: Mr. FARR. By Mr. HASTINGS of Washington: tion 1. The power of Congress to enact uni- H.R. 1011. form bankruptcy laws pursuant to Article I, H.R. 440: Mr. PAYNE, Mr. HASTINGS of Flor- Congress has the power to enact this legis- Section 8. ida, and Ms. NORTON. lation pursuant to the following: By Ms. SPEIER: H.R. 452: Mr. MARCHANT, Mr. WILSON of Article 1, Section 8, Clause 1—The Con- H.R. 1022. South Carolina, Mr. GOSAR, Ms. BERKLEY, gress shall have Power To lay and collect Congress has the power to enact this legis- Mr. SCHOCK, Mr. FLAKE, and Mr. LATTA. Taxes, Duties, Imposts and Excises, to pay lation pursuant to the following: H.R. 455: Mr. LAMBORN and Mr. SAM JOHN- the Debts and provide for the common Article 1, Section 8: Congress shall have SON of Texas. Defence and general Welfare of the United the power to regulate commerce among the H.R. 459: Mr. RIBBLE, Mr. STUTZMAN, Mr. States; but all Duties, Imposts and Excises states, and provide for the general welfare. SAM JOHNSON of Texas, and Mr. SCHRADER. shall be uniform throughout the United By Mr. THORNBERRY: H.R. 469: Mr. WELCH, Mr. MCINTYRE, and States. H.R. 1023. Mrs. MILLER of Michigan. By Ms. HERRERA BEUTLER: Congress has the power to enact this legis- H.R. 470: Mr. ROYCE. H.R. 1012. lation pursuant to the following: H.R. 471: Mr. ROSS of Florida and Mr. Congress has the power to enact this legis- Article I, Section 8 and Article IV, Section NEUGEBAUER. lation pursuant to the following: 3 of the United States Constitution. H.R. 513: Mr. DUNCAN of South Carolina and Congress is required by Article I, Section 6, By Ms. TSONGAS: Mr. WILSON of South Carolina. of the Constitution to determine its own H.R. 1024. H.R. 515: Mr. COHEN, Mr. HASTINGS of Flor- Congress has the power to enact this legis- pay. This legislation is also consistent with ida, Mr. DOGGETT, and Mr. MCINTYRE. lation pursuant to the following: the Twenty-Seventh Amendment of the Con- H.R. 539: Ms. BROWN of Florida. Clause 1 of Section 8 of Article 1 of the stitution. H.R. 547: Ms. HAYWORTH. United States Constitution. By Mr. KEATING: H.R. 548: Mr. STUTZMAN and Mr. SAM JOHN- By Mr. WALZ of Minnesota: H.R. 1013. SON of Texas. H.R. 1025. Congress has the power to enact this legis- H.R. 584: Ms. ESHOO. Congress has the power to enact this legis- lation pursuant to the following: H.R. 606: Mr. GARDNER and Mr. PITTS. lation pursuant to the following: Article 1, Section 8 of the United States H.R. 610: Mr. MICHAUD. Constitution. Article I, Section I: All legislative Powers herein granted shall be vested in a Congress H.R. 623: Mr. MORAN. By Mr. LATTA: H.R. 625: Mr. KISSELL. H.R. 1014. of the United States, which shall consist of a H.R. 639: Mr. GRIFFITH of Virginia, Mr. RA- Congress has the power to enact this legis- Senate and House of Representatives. HALL, Mr. ROSS of Arkansas, and Mr. lation pursuant to the following: By Ms. WATERS: SCHRADER. This resolution is enacted pursuant to Ar- H.R. 1026. H.R. 651: Mr. FRANK of Massachusetts, Mr. ticle I, Section 8, Clause 1 of the United Congress has the power to enact this legis- GARAMENDI, Ms. HIRONO, Ms. JACKSON LEE of States Constitution. lation pursuant to the following: Texas, Ms. PINGREE of Maine, Mr. NADLER, By Ms. LEE of California: Article I, Section 8, Clause III. H.R. 1015. By Mr. WEINER: and Ms. KAPTUR. Congress has the power to enact this legis- H.R. 1027. H.R. 665: Mr. PITTS, Mr. SCHOCK, Mr. lation pursuant to the following: Congress has the power to enact this legis- ROKITA, and Mrs. HARTZLER. This bill is enacted pursuant to the power lation pursuant to the following: H.R. 674: Ms. JENKINS, Ms. HAYWORTH, Ms. granted to Congress under Article I of the Article I, Section 8, Clause 5 of the United BALDWIN, and Mr. CHAFFETZ. United States Constitution and its subse- States Constitution. H.R. 692: Mr. BACHUS and Ms. FOXX. quent amendments, and further clarified and By Mr. WEINER: H.R. 704: Mr. SHULER, Mr. LAMBORN, Mr. interpreted by the Supreme Court of the H.R. 1028. CARTER, and Mr. ROONEY. United States. Congress has the power to enact this legis- H.R. 734: Mr. GARY G. MILLER of California. By Ms. LEE of California: lation pursuant to the following: H.R. 740: Mr. ROSS of Florida and Mr. H.R. 1016. Article I, Section 8, Clause 3 of the United POLIS. Congress has the power to enact this legis- States Constitution. H.R. 745: Mr. POMPEO, Mr. BISHOP of Utah, lation pursuant to the following: By Mr. WHITFIELD: Mr. HENSARLING, Mrs. ADAMS, and Mr. Article I, Section 8, of the United States H.R. 1029. LATTA. Constitution, as clarified and interpreted by Congress has the power to enact this legis- H.R. 747: Mr. LUJA´ N. the Supreme Court of the United States. lation pursuant to the following: H.R. 749: Mr. KIND.

VerDate Mar 15 2010 04:24 Mar 11, 2011 Jkt 099060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\A10MR7.033 H10MRPT1 tjames on DSKG8SOYB1PROD with HOUSE March 10, 2011 CONGRESSIONAL RECORD — HOUSE H1727

H.R. 750: Mrs. BACHMANN and Mr. WEST- KING OF IOWA, Mr. LOEBSACK, Mr. RUNYAN, H. Res. 47: Ms. BORDALLO, Mr. GRIJALVA, MORELAND. Ms. BROWN of Florida, Mr. HOLDEN, Mr. ROSS Mr. FILNER, Mr. ACKERMAN, Mr. SHERMAN, H.R. 751: Ms. BASS of California, Mr. BER- of Arkansas, Mrs. CHRISTENSEN, Ms. ROYBAL- Mr. CARNAHAN, and Mr. HOLT. MAN, Mr. PAYNE, and Mr. LEVIN. ALLARD, Mr. FALEOMAVAEGA, Mr. RAHALL, H. Res. 60: Mr. CLAY, Mr. OLSON, and Ms. H.R. 760: Mr. COSTA. Mr. LARSON of Connecticut, Mr. LINDA T. SA´ NCHEZ of California. H.R. 763: Mr. CARTER, Mr. COHEN, Mr. Walz BLUMENAUER, Ms. SUTTON, Mrs. DAVIS of H. Res. 83: Mr. SHERMAN. of Minnesota, and Mr. JORDAN. California, Mr. PRICE of North Carolina, and H.R. 764: Mr. ROSS of Arkansas, Mr. WEST- Mr. MCNERNEY. H. Res. 85: Mr. SMITH of New Jersey. MORELAND, Ms. JENKINS, Mrs. EMERSON, and H.R. 875: Mr. SAM JOHNSON of Texas. H. Res. 98: Mr. HURT, Mr. ROE of Tennessee, Mr. LOEBSACK. H.R. 883: Mrs. MALONEY, Ms. KAPTUR, and Mr. JONES, Mrs. BLACK, Mr. FLORES, and Mrs. H.R. 780: Mr. WATT. Mr. ENGEL. ADAMS. H.R. 787: Mr. ALEXANDER, Mr. PLATTS, Mrs. H.R. 885: Mr. UPTON and Mr. CARSON of In- H. Res. 134: Mr. MANZULLO and Mr. MCIN- CAPITO, Mr. KLINE, Mr. DAVIS of Kentucky, diana. TYRE. Mr. DUNCAN of South Carolina, and Mr. WIL- H.R. 895: Mr. CHABOT and Mr. RANGEL. SON of South Carolina. H.R. 903: Mr. COLE. H. Res. 137: Mrs. DAVIS of California, Mrs. H.R. 798: Mr. RAHALL. H.R. 909: Mr. GUINTA, Mr. MANZULLO, and MCCARTHY of New York, Mrs. MALONEY, Mr. H.R. 822: Mr. GENE GREEN of Texas, Mr. Mr. GUTHRIE. DEUTCH, Mr. BISHOP of New York, and Ms. WITTMAN, and Mr. HARRIS. H.R. 910: Mr. GARDNER, Mr. SENSEN- BERKLEY. H.R. 826: Mr. OLSON, Mr. GENE GREEN of BRENNER, Mr. SAM JOHNSON of Texas, Mrs. H. Res. 139: Mr. ROHRABACHER, Mr. Texas, and Mr. KISSELL. SCHMIDT, Mr. WALBERG, and Mr. CAMP. MCCAUL, Mr. BURTON of Indiana, Ms. H.R. 843: Mr. LOEBSACK, Mr. SHULER, Mr. H.R. 912: Mr. MORAN and Mr. FITZPATRICK. BORDALLO, Mr. CONYERS, Mr. GRIMM, Mr. COSTELLO, and Mr. PETERSON. H.R. 923: Ms. SCHAKOWSKY, Ms. BORDALLO, MCDERMOTT, Mr. RIVERA, Mr. WU, Ms. OHMERT ING H.R. 849: Mr. G , Mr. K of Iowa, Mr. SCHIFF, and Mr. POSEY. CLARKE of New York, Mr. KELLY, Mrs. URTON and Mr. B of Indiana. H.R. 943: Mr. GRIJALVA, Mr. RANGEL, Mr. NAPOLITANO, Mr. GALLEGLY, Mr. MACK, Mr. H.R. 850: Mr. CRAVAACK. MARKEY, and Mr. HASTINGS of Florida. ROYCE, Mr. CHABOT, Mr. BILIRAKIS, Mr. H.R. 863: Mr. SIRES and Mr. H.R. 952: Mr. HONDA and Mr. HOLT. CICILLINE, Mr. LEWIS of California, Ms. FALEOMAVAEGA. H.R. 973: Mr. LATTA and Mr. MCKINLEY. HIRONO, Mr. MCGOVERN, Mr. TOWNS, and Mr. H.R. 865: Mr. BOSWELL, Mr. BRALEY of H.R. 984: Mr. HALL, Mr. POSEY, Mr. DUNCAN HONDA. Iowa, Mr. COURTNEY, Mr. FILNER, Mr. of Tennessee, Mr. MCHENRY, and Mr. UPTON. LAMBORN, Mr. MCGOVERN, Mr. MICHAUD, Mr. H.J. Res. 1: Mrs. ADAMS and Mr. CRAVAACK. H. Res. 140: Mr. ROKITA. BILBRAY, Mr. BROUN of Georgia, Mr. H.J. Res. 2: Mrs. NOEM. H. Res. 148: Mr. MCNERNEY, Mr. MCINTYRE, CONNOLLY of Virginia, Mr. GONZALEZ, Mr. H.J. Res. 47: Mr. HASTINGS of Florida. and Mr. LEVIN.

VerDate Mar 15 2010 05:22 Mar 11, 2011 Jkt 099060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\A10MR7.044 H10MRPT1 tjames on DSKG8SOYB1PROD with HOUSE E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 112 CONGRESS, FIRST SESSION

Vol. 157 WASHINGTON, THURSDAY, MARCH 10, 2011 No. 36 Senate The Senate met at 10 a.m. and was The legislative clerk read the fol- on confirmation of the Cogburn nomi- called to order by the Honorable TOM lowing letter: nation at 3 p.m. today. UDALL, a Senator from the State of U.S. SENATE, Further, the Senate Small Business New Mexico. PRESIDENT PRO TEMPORE, Committee reported S. 493, the SBIR Washington, DC, March 10, 2011. and STTR Reauthorization Act of 2011. PRAYER To the Senate: They did that yesterday, and we hope Under the provisions of rule I, paragraph 3, to begin consideration of that bill early The PRESIDING OFFICER. Today’s of the Standing Rules of the Senate, I hereby next week. opening prayer will be offered by the appoint the Honorable TOM UDALL, a Senator Reverend Joe Bates, Sr., from the from the State of New Mexico, to perform f Northwest Conference of the United the duties of the Chair. ACTING TO STRENGTHEN THE DANIEL K. INOUYE, Methodist Church of Alabama. ECONOMY The guest Chaplain offered the fol- President pro tempore. lowing prayer: Mr. UDALL of New Mexico thereupon Mr. REID. Mr. President, it is time Let us pray. assumed the chair as Acting President once again for us to get down to busi- Eternal God, Father of all human- pro tempore. ness. Yesterday’s budget votes didn’t bring us any closer to a conclusion, but kind, we come before You with humble f hearts to ask for Your blessings and it did bring to our minds a lesson, and RECOGNITION OF THE MAJORITY guidance. it does that very clearly. That lesson is LEADER Pour out Your wisdom and discern- that one party alone will not reach a ment upon these elected representa- The ACTING PRESIDENT pro tem- resolution without the other’s coopera- tives of Your people, and fill their pore. The majority leader is recog- tion and consent. hearts with peace and good will. Enable nized. We voted on the Republican budget them, we pray, to practice just and f proposal and on the Democratic budget proposal. Neither plan came close to merciful leadership that will bless and SCHEDULE enhance the lives of all of our citizens. the 60 votes needed to pass or even the We thank You, O God, for all the Mr. REID. Mr. President, following 51 votes which would represent a ma- ways You have led us in the past. Bless any leader remarks, there will be a pe- jority of the Senate. But the exercise us this day by helping us to walk in riod of morning business until 2:15 p.m. wasn’t in vain. We have demonstrated Your path of righteousness so that jus- today, with Senators permitted to publicly and on the record that we tice and peace may prevail in our Na- speak for up to 10 minutes. At 10:30, know the answer lies somewhere in the tion and in our world. Senator MORAN will be recognized to middle. Now it is time to find that an- To You, dear God, we give our honor speak for up to 15 minutes to deliver swer in a budget that will reflect our and our praise, even as we seek Your his maiden speech to the Senate. At values, keep the country running, and mercy, and we pray to You in Your 2:15 p.m., the Senate will proceed to ex- create jobs. holy Name. Amen. ecutive session to consider the nomina- I can speak only for my caucus when tion of Max Oliver Cogburn, Jr., of I say we accept the lessons of yester- f North Carolina, to be U.S. District day’s vote. We know we will have to PLEDGE OF ALLEGIANCE Judge for the Western District of North make sacrifices to reach consensus, The Honorable TOM UDALL led the Carolina. and we are willing to do that. Repub- Pledge of Allegiance, as follows: UNANIMOUS CONSENT AGREEMENT licans have to be willing to move their I pledge allegiance to the Flag of the Mr. President, I ask unanimous con- position also. Perhaps they are willing United States of America, and to the Repub- sent that there be a total of 45 minutes to finally acknowledge that, given our lic for which it stands, one nation under God, for debate on the nomination, with the deep debt, we can’t afford government indivisible, with liberty and justice for all. provisions of the previous order re- giveaways to millionaires and oil com- f maining in effect, and that the vote on panies making record profits. Both ac- confirmation of the nomination occur knowledgments would help close the APPOINTMENT OF ACTING at 3 p.m. today rather than at 2:30. deficit gap. Both would be big pieces to PRESIDENT PRO TEMPORE The ACTING PRESIDENT pro tem- the puzzle. The PRESIDING OFFICER. The pore. Without objection, it is so or- Perhaps Republicans are willing to clerk will please read a communication dered. offer more reasonable cuts that the to the Senate from the President pro Mr. REID. As a result of the agree- Democratic caucus can support. By tempore (Mr. INOUYE). ment just entered, there will be a vote reasonable cuts, I mean cuts that don’t

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

S1515

.

VerDate Mar 15 2010 00:32 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S10MR1.REC S10MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S1516 CONGRESSIONAL RECORD — SENATE March 10, 2011 arbitrarily kick Head Start students DOMESTIC ENERGY istration’s efforts to block American out of class or rob college students of Mr. MCCONNELL. Mr. President, energy exploration. Senator MUR- their Pell grants—both cuts resound- throughout the week I have pointed KOWSKI points out that U.S. oil reserves ingly rejected yesterday—and I mean out that our Nation faces a day of at just three sources in Alaska—just cuts that don’t pull the plug on renew- reckoning on entitlements such as So- three sources in Alaska—could replace able energy jobs or cuts that fire thou- cial Security and Medicare, and I have crude oil imports from the Persian Gulf sands of workers at community health expressed my disappointment about for nearly 65 years. Three sources in centers across the country. Repub- the White House’s failure to lead on re- Alaska, currently shut down, could re- licans should be willing to look at our forms that would save these programs place crude oil imports from the Per- country’s substantial budget and find at an opportune moment like our own. sian Gulf for 65 years. Yet all three are cuts more worthy than those that The best time to solve the kind of fis- off limits due to decisions made by or would weaken law enforcement and cal crisis we face is when the two par- continued by this administration. border security to keep us safe. I hope ties share power in Washington. Every- Behind all these actions is a com- they will. one knows we either address these plete disconnect. At a time when gas I hope they will join Democrats in problems together or they won’t be ad- prices are climbing higher and higher, saving money by attacking waste, dressed at all. Everyone knows the pinching pocketbooks and threatening fraud, and abuse. I hope they will join President has to take the lead. That is an economic recovery, Democrats in us in making tough choices and avoid- why Presidents from both parties have Washington would rather ignore the ing the temptation to make counter- done just that during periods of divided fact that Americans will remain de- productive cuts. Let’s come together to government in the past. That is why pendent on fossil fuel for decades to cut in a way that strengthens our econ- many of us are calling on this Presi- come. But we shouldn’t be surprised by omy and doesn’t weaken our economy. dent to do the same for the good of the it. Two months before the President Let’s cut in a way that makes our country now. was elected, the man he ended up neighborhoods, our schools, and our But when it comes to job creation, choosing as his Energy Secretary told borders stronger, not weaker. the President isn’t just failing to lead; a reporter how he would go about re- As the negotiation process begins in many cases, he is actually blocking ducing America’s dependence on oil. He anew, I remind my Republican friends the way. Nowhere is this more evident than in the area of energy exploration. said: ‘‘Somehow, we have to figure out that time is short. I also remind them Americans looking at the price of gas how to boost the price of gasoline to that the deadline we face—a week from at the pump these days are justifiably the levels in Europe.’’ And if that was tomorrow—is the deadline they set. We upset. What they may not realize is the strategy, Secretary Chu seems to didn’t set it. Democrats warned from that some in the administration are ac- be getting his wish. And the adminis- the start that the process would take a tively working to prevent us from in- tration is doing just about everything month. Republicans would agree only creasing our own oil production here at it can to keep them there. to a period half as long as that—2 home. So this morning, with gas prices Now is the time to be asking what we weeks. Those 2 weeks are up, as I said, on the rise, I would like to step back next Friday. for a minute and quickly review what can do to increase domestic energy pro- So my message is this to my Repub- the administration is doing to inhibit duction, not proposing ways to squeeze lican colleagues: You set the deadline, energy production right here at home. American families even more. That is and the responsibility of meeting it is Taken together, it would be a pretty why all of these actions by the admin- as much yours as it is ours. Both par- long list, including delays and suspen- istration, along with the tax hike on ties also share a responsibility to be sions and revocations and outright can- energy production some have proposed reasonable. So let’s get to work. We cellations of lease permits, which that will only be passed on to con- cannot negotiate this in the media. We translates into higher prices and fewer sumers in the form of even higher gas cannot negotiate this if we are unwill- American jobs. So I will just list a few prices, are the very last thing Ameri- ing to give any ground. We cannot be of the highlights. cans need right now. We should be stubborn and expect a solution. It is The administration started by can- looking for ways to lighten the burden time to negotiate in good faith, it is celing oil and gas leases for domestic on American families, not saddling time for all political posturing to end, exploration. Immediately after taking them with a minivan tax. and it is time for pragmatism, which is office, the Secretary of the Interior, There is a better approach. Rather long overdue. Ken Salazar, canceled 77 oil and gas than squeezing the public and killing I would also say to my friends in the leases in the State of Utah. One year jobs with artificially higher prices, we House that the Senate has produced later, the administration suspended 61 should be looking for ways to increase two very strong jobs bills. One is the more leases, this time in Montana. domestic production even as we pro- FAA reauthorization, which is long Shortly after canceling the Utah mote alternative sources of energy for overdue. That was a bipartisan bill. It leases, Secretary Salazar extended the the future. An all-of-the-above ap- passed overwhelmingly here in the Sen- public comment period to renew off- proach to energy production—and the ate and would save or create 280,000 shore drilling by another 6 months, jobs that come with it—of the kind Re- jobs—a pretty good step in the right di- dragging out an already lengthy proc- publicans have been advocating for rection. Just in the last 24 hours, we ess even further. years would capitalize on the abundant passed the patent reform bill. That will Then, immediately after the gulf oil- resources we already have right here at create 300,000 jobs. These two jobs bills spill began last April, the administra- home while at the same time looking need to be completed by the House of tion imposed a 6-month moratorium on for alternative sources of energy and Representatives so we can send them offshore drilling in the gulf even as it new technologies that will free us from to the President. These two jobs bills canceled energy exploration that was dependence on fossil fuels down the are important. The House should focus set to take place thousands of miles road. on jobs, not these arbitrary cuts they away from the spill in the gulf up in have been making. So I hope the House the Arctic. Two Federal courts on This is a responsible approach. It pro- would right away work on the jobs bills three separate occasions have declared tects existing jobs and creates new jobs that have already passed the Senate— the moratorium in the gulf unjust. The at a time when Americans need them. patents and, of course, the FAA bill. administration has ignored them. It It would reduce our dependence on for- has kept the ban in place despite these eign sources of oil. It honors the con- f rulings, forcing the drillers who have cerns Americans have right now about been affected by it to relocate their the rising price of gas, and it respects RECOGNITION OF THE MINORITY rigs—and the thousands of good-paying the reality that most of the cars in this LEADER jobs they supported—to other parts of country will run on gas for many years The ACTING PRESIDENT pro tem- the world. to come. But higher prices at the pump pore. The Republican leader is recog- So if one is wondering where the jobs and fewer American jobs is the wrong nized. are, a good place to start is the admin- answer.

VerDate Mar 15 2010 00:32 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S10MR1.REC S10MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE March 10, 2011 CONGRESSIONAL RECORD — SENATE S1517 TRIBUTE TO DAVID BRODER business until 2:15 p.m., with Senators tively. Starting with the Kyoto treaty Mr. MCCONNELL. Mr. President, permitted to speak therein for up to 10 and all the way up to the following 10 sadly, we lost David Broder yesterday. minutes each. years, they tried to pass—in 2003 and A lot has been said in the last 24 hours The Senator from Oklahoma is recog- 2005 and 2008 and 2009—a similar type of about that distinguished journalist. I nized. cap and trade. wish to add just a brief word of my f What is the cost of cap and trade? The cost would be—and this goes back own. ENERGY I will not pretend to have known him to the Kyoto treaty and when we had Mr. INHOFE. Mr. President, I was well, although we did talk from time to the estimates from the Wharton School hoping to have a little bit more time, time over the years. I admired him and MIT—between $300 billion and $400 so I will cover this a little faster than greatly. One could not help but admire billion a year. In Oklahoma, that I normally would. It is so critical. him, and a few things truly stand out. translates to $3,000 a year for each fam- I just got back from the Middle East, ily who files a tax return. What do we First of all, in a city that is full of peo- and I know the problems that are over ple in a rush to make an impression, get for it? By the admission of the there. A lot of people are saying the Obama EPA and Lisa Jackson, in re- David was the guy who took the time gas prices that are going up are a re- to get it right, day in and day out, sponse to a question I asked live on sult, partially, of what is happening TV—I asked: What effect would this without bombast or pretense. over there, but the real problem is a He wasn’t looking to make an im- have on worldwide emissions of CO2? political problem. The answer was it would not because pression as much as he was trying to do First of all, let me talk about the his job and to do it well. The notoriety, that only affects the United States. In commitment this administration has reality, it could actually increase it, as of course, took care of itself. He was a to cap and trade. Some people who workhorse first and foremost—a re- our jobs go overseas, to places such as have been around for a while can re- China and Mexico and other places porter who seemed to enjoy the work member that way back at the Kyoto more than any attention he got for it. where there are fewer emission con- treaty I kind of led the opposition to trols. So it could have the opposite ef- Everyone who ever worked with him ratifying that treaty. Later on—for the seems to have a story about watching fect. next 10 years—they tried to pass cap- Nonetheless, I say this because there him knocking on doors while he was in and-trade legislation. Since I chaired are people wandering around out there his late seventies or earnestly listening the committee of jurisdiction at that who say we should do something about to a Midwest voter out in the cold. It time, we thought this was not going to emissions. Yet I wish to make sure all points to a sort of sturdiness of pur- work, even by the admission of the they are listening. Even if we did this, pose and to the old virtues of patience, EPA. If we were to pass something it would not have any effect. They fairness and hard work and a sense that such as this in the United States, it hope, if we restrict enough supply, the other people’s opinions were at least as wouldn’t have any effect on reducing price will increase and we can simply valuable as his own. greenhouse gases. shift to what they call green energy. Add to that a deep curiosity and I still say this. Something is hap- I think it is important people under- thoughtfulness and a childlike appre- pening this morning in the House. stand that the Republican position on ciation for the mechanics of democ- They are looking at this issue, and we this is, yes, we want green energy, re- racy, and we have a pretty good model have introduced legislation that has newables, but we also want coal and for what political reporting is all said the EPA doesn’t have the jurisdic- natural gas and nuclear and oil. These about. tion to regulate greenhouse gases. I are the products that can run America I hesitate to say he was conservative will get to that in a minute. today. This is what we are doing. Back in temperament, if not in his politics, My message is simply that higher gas in Oklahoma, there are logical people. but that is what came through. prices are simply a product of this ad- They ask: What would it be if they It became commonplace to say David ministration’s goal. The minority lead- don’t want oil, gas or coal? How do we Broder was the dean of American polit- er, a minute ago, said something. He run this machine called America? The ical reporters. But I think it is worth quoted Steven Chu, the Secretary of answer is, we can’t. understanding what people meant by Energy. He said: ‘‘Somehow we have to Let me state this—I don’t have the that. It doesn’t mean he was the most figure out how to boost the price of time. It is not just the administration exciting guy in the room—he wasn’t. It gasoline to the levels in Europe.’’ or Secretary Chu but others in the ad- doesn’t mean he had the most scoops— In the United Kingdom, gas is $7.87 ministration, such as Alan Krueger, I am not sure he did. I think what it per gallon; in Italy, it is $7.54; in Assistant Secretary for Economic Pol- means, aside from the sheer length of France, it is $7.50; in Germany, it is icy, who said: ‘‘The administration be- his career, was that more than most $7.41. lieves that it is no longer sufficient to people, his life came to take the shape That is what this administration address our Nation’s energy needs by of the profession he chose in life. It be- wants to do with gas prices. They have finding more fossil fuels.’’ came sort of an extension of himself. a motive for doing that. I cannot stop They are antifossil fuels. They admit That is what seemed to give him so talking about the cap-and-trade agenda the tax subsidies are currently pro- much joy and satisfaction in his work, until we realize how it does affect vided in the oil and gas industry, and along with the respect and admiration things. You might remember that back they lead to inefficiency by encour- and maybe even a little bit of envy of during the campaign, President Obama aging overinvestment in domestic re- so many others. stated in 2008—when he was running for sources in this industry. Republican or Democrat, liberal or office—and he has stated it several This is critical. This is an adminis- conservative, young or old, we could times: ‘‘Under cap and trade, elec- tration official, Alan Krueger: ‘‘The use a few more David Broders. tricity prices would necessarily sky- small change in domestic producer I yield the floor. rocket.’’ costs [which I call a tax increase] could f He had it right. The whole point of cause some production to shift from that is, it would skyrocket if we were domestic to foreign suppliers.’’ RESERVATION OF LEADER TIME to pass it. That also has an effect on all There it is, folks. That means we The ACTING PRESIDENT pro tem- forms of energy. The House Energy and would have to depend on the Middle pore. Under the previous order, leader- Power Subcommittee is voting this East—import more of our energy from ship time is reserved. morning on the Energy Tax Prevention the Middle East. By the way, I think it f Act, which I introduced in the Senate, is important to note the Congressional and it was introduced by Congressman Research Service—and I think we all MORNING BUSINESS UPTON in the House. The bottom line of respect their work—came out with a The ACTING PRESIDENT pro tem- the Energy Prevention Act is to make report, and they stated—and nobody pore. Under the previous order, the it so EPA doesn’t have the jurisdiction has been able to refute this yet—that Senate will be in a period of morning to do what they could not do legisla- the United States of America now has

VerDate Mar 15 2010 00:32 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S10MR1.REC S10MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S1518 CONGRESSIONAL RECORD — SENATE March 10, 2011 the largest supply of recoverable re- the United States. That is gigantic importance to our country’s future— serves in gas, oil, and coal. We keep compared to what we have available to our Nation’s fiscal health. hearing people say it is only 3 percent us. We also hear about methane hy- It is a privilege to join the distin- of the amount—we are using 25 percent drates. The reason I don’t include shale guished Members of this Chamber and of the energy and are producing just 3 and methane hydrates is because they to work alongside my friend of nearly percent. are not recoverable today. It is not 40 years now, Senator PAT ROBERTS. That is flatly not true. I think people something we use today. If we lifted all We met some time ago when I came to understand that because they use that restrictions, that would not give us, to- Washington, DC, as a summer intern in as proven reserves. You can’t prove re- morrow, the shale reserves that are out the summer of 1974 and Watergate for a serves until you drill. We have the po- there, nor the methane hydrates. What Congressman named Sebelius. My col- litical problem that the Democrats we would be able to do is start further league PAT ROBERTS was his Chief of don’t want us to drill. In that case, we developing those. Staff and has been my friend since. have to fall back on the other way of Even without them, we can run this I am also humbled to follow in the looking at it; that is, recoverable re- country called America for 90 years on footsteps of Gov. Sam Brownback and serves. I say this: We are in a position our own oil and gas. Then we go to coal the many who came before him and right now to have the recoverable re- and the significance of the oil reserves. whose names are etched in this desk serves. This chart shows these are the Right now, we have 28 percent of the where I now stand. I am mindful of recoverable reserves we have right world’s coal and, in fact, the CRS their service and particularly that of now. This is America’s true oil poten- states America’s recoverable coal re- Senator Bob Dole who served Kansans tial. This is what we could produce. serves to be 262 billion short tons. For for nearly three decades in this seat. These are the proven reserves they talk perspective, the United States only During nearly 36 years on Capitol about. The bottom line is, we have— uses $1.2 billion of short tons of coal Hill, Senator Dole became known as and this is incontrovertible—the each year. So what we have is oil, gas, the leader who worked relentlessly to world’s largest supply of oil, gas, and and coal. forge alliances in order to pass signifi- coal. The only problem is, we have an ad- cant legislation. Today he serves as a This chart shows the amount of oil, ministration that, by its own admis- role model for those who have dedi- gas, and coal we have is greater than sion, wants to kill oil, gas, coal, and cated their lives to public service. I that of China, Iran, and Canada—all fossil fuels. We can’t do this without a thank Senator Dole for his call yester- three put together. This is what we change in the administration or a day wishing me well today, but I thank have here. So people say: Wait a change in policy. I think, as you can him more for his distinguished service minute. That is a problem. Then why see, when the gas prices go up—and all to our country and to Kansans. I know are we importing from foreign coun- of America should listen—all they have that love and respect the people of his tries? It is because we have a political to do is remember what this adminis- hometown of Russell have for him. I problem. We have a majority in this tration’s position is, and that, as Ste- will work to honor his legacy. Senate and they had a majority in the ven Chu said—as the Secretary of En- I grew up just down the road from House and the President trying to con- ergy told the Wall Street Journal in Bob Dole’s hometown in a smaller tinue this policy of not allowing us to 2008: ‘‘Somehow we have to figure out town, Plainville, a place where folks develop our own resources. how to boost the price of gasoline to know their neighbors and look after We are the only country in the world the levels in Europe.’’ them. Much of what I know about peo- that doesn’t develop our own resources. This is President Obama’s position. If ple I learned early in my life by work- I do know there are a lot of problems we take this position, we are going to ing at the local hardware store, the out there. Certainly, we have problems have gas prices going up. You can talk swimming pool, the drugstore, and on in the Middle East. But when I talk to around it all you want, but supply and my paper route. I learned there is good my wife at home, the problem is what demand is very simple. We have the po- in every person and that satisfaction in she is paying for gas. It is not going to tential supply to run this country for life comes from what you do for others get any better. How many people went the next almost 100 years on just what rather than what you do for yourself. I to school and didn’t learn about supply we have developed. learned that each family’s joys and sor- and demand? We have all the supply we I know the Senator from Kansas is rows are increased and diminished need in America—when we add what we anxious to make his statement. I yield when they are shared with their neigh- get from Mexico and Canada—to be the floor. bors and friends. And I learned what it independent from the Middle East. Mr. ROBERTS. Mr. President, I sug- means to put others first, as my mom They don’t let us develop it. Eighty- gest the absence of a quorum. and dad always have. I was fortunate to three percent of our Federal lands The ACTING PRESIDENT pro tem- grow up with loving parents who right now are off limits. It is a political pore. The clerk will call the roll. taught me the value of hard work, the problem. The legislative clerk proceeded to importance of education, and the ne- I can remember when we had the oil- call the roll. cessity of integrity. In fact, they once spill down in the gulf, some of the far Mr. MORAN. Mr. President, I ask made me return the 3 cents I had found left environmentalists were rejoicing unanimous consent that the order for when I turned in a pop bottle from my that it happened. They could parlay the quorum call be rescinded. neighbor’s back porch. that into not allowing us to drill for The ACTING PRESIDENT pro tem- My dad, a World War II veteran, our own natural resources. pore. Without objection, it is so or- worked in the oilfields of western Kan- Finally, last week, the EPA issued dered. sas, and my mom, who grew up in the its first permit for deepwater drilling Under the previous order, the Sen- Depression, was the lady you paid your in the gulf, due to a lot of political ator from Kansas is recognized for 15 light bill to. They were my Sunday pressure being put on and the realiza- minutes. School teachers and my Boy Scout tion that the American people are not Mr. MORAN. Mr. President, I ask leaders, and they always encouraged dumb. We can develop our own re- unanimous consent to speak to the me to do my best. My parents worked sources and resolve this problem we Senate for up to 25 minutes. hard, avoided debt, paid their bills, and have. If we look at what we have right The ACTING PRESIDENT pro tem- wanted to make sure my sister and I now in reserves, in terms of recover- pore. Without objection, it is so or- would have the chance to pursue our able reserves in oil and in gas, we have dered. dreams. enough oil right now to run this coun- f I was also fortunate to have many try—this is in recoverable reserves—for teachers who instilled in me a love for 90 years. Again, we have enough gas in AMERICA’S FISCAL HEALTH learning and a desire to explore the recoverable reserves to run this coun- Mr. MORAN. Mr. President, I am world beyond our city limits. As a kid, try for 90 years. That is not including humbled today to deliver my initial, I enjoyed reading about politics and shale. We all know about the great my very first speech on the floor of the history and government. People such shale deposits in the Western part of Senate and to discuss a topic of vital as my fourth grade teacher Mrs. Pruter

VerDate Mar 15 2010 00:32 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S10MR1.REC S10MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE March 10, 2011 CONGRESSIONAL RECORD — SENATE S1519 helped me to develop an interest in our point in our country’s history and we Unfortunately, this reality has not country and public service. Because of no longer can delay difficult decisions. yet sunk in in enough places here in my teachers’ interest in me, I am part When President Reagan stood and Washington, DC. President Obama of the first generation in our family to spoke those words, our national debt asked Congress to increase the debt attend and graduate from college. was $1.8 trillion. Today, that number ceiling—allowing our country to take Nothing in my background would has soared to $14 trillion—slowing our on even more debt. But it would be ir- suggest I would have the opportunity economic growth and threatening the responsible to allow more spending to serve as a Member of the Senate. prosperity of future generations who without a serious plan in place to re- That says something about our country will have to pay for our irrespon- duce the deficit. Americans are looking and the opportunity we as Americans sibility. for leadership in Washington to help have to dream big and to pursue those Our government borrows 40 cents of create jobs and get our economy back dreams. It also says something about every dollar it spends and half our na- on its feet. But lately, all they have my home State and the special way of tional debt is held by foreigners, many heard is a lot of partisan rhetoric, and life we lead. who do not share our interests. The all they have seen is more government The pioneering spirit of those who simple truth is our Nation’s debt is the spending. settled our State 150 years ago and responsibility of several Congresses It is time for our government to tamed the West lives on in Kansas and Presidents who have allowed us to change direction and to change dra- today. We work hard, we come together live well beyond our means for way too matically. We must work together to to find commonsense solutions, and try long. Members of both political parties restrain spending and to put in place to make a difference in our commu- have ignored this growing fiscal crisis progrowth measures that create jobs nities, our State, and our Nation. We and left it up to others in the future to by saying both no to more spending also strive to provide a better future deal with. and yes to projobs measures. By saying for our kids and grandkids so they can In my travels in Kansas I am often both no to more spending and yes to pursue their dreams and reach their asked: How can Washington continue projobs measures, we will reduce the goals. This is the reason I got involved to spend and borrow so much? What uncertainty in the marketplace, en- in public service, and it is the reason I will our country be like for our kids courage business investment, become more competitive in the global econ- remain involved today. and grandkids? I join Kansans in voic- Since coming to Congress in 1997, I ing these concerns. In the last 2 years, omy, and—most importantly—create made a priority to stay connected to government spending has grown nearly employment. The best way to get our spending the Kansans I represent, so I return 25 percent and we have had record tril- under control is to get a budget and home on the weekends. Whether I am lion-dollar budget deficits. This year, stick to it. One of the basic responsibil- at the grocery store, attending church, the Federal Government will spend $3.7 ities of Congress is to produce an an- or filling the tank with gas, the con- trillion and collect $2.2 trillion. That is nual budget, yet we are once again op- versations I have with Kansans matter a shortfall of $1.5 trillion. Common erating under a temporary spending to me and impact the work I do here in sense—Kansas common sense—tells us measure called a continuing resolution Washington. When I served in the that pattern cannot continue. because the Democratic leadership Some will say we need to raise taxes House of Representatives, I held annual failed to pass a budget plan last year. to get us out of this mess. But the re- townhall meetings in each of the 69 Congress has taken virtually no step to ality is we don’t have a revenue prob- counties in my district, following the address this deficit spending. We have lead of my predecessor, then-Congress- lem, we have a spending problem. Ex- to come together and see that we do so, man PAT ROBERTS. I have continued perience shows us that money raised by and we must pass a commonsense budg- this tradition as a Senator. I have con- Washington, DC, results in more spend- et that reduces our deficit this year, tinued this tradition as a Senator and ing in Washington, DC. next year, and well into the future. begun traveling throughout all 105 The debate about government spend- Last month, President Obama sent counties in our State to hear directly ing is often seen as a philosophical, his 2012 budget message to Congress. from Kansans, and I am committed to academic, or partisan issue, but the Instead of moving toward fiscal respon- making sure their voices are heard in truth is out-of-control borrowing and sibility, the proposal contains more of our Nation’s Capital. spending has very real consequences on the same borrow-and-spend mentality. Last spring in Kansas, I watched our the daily lives of Americans. When we It proposes $8.7 trillion in new spend- oldest daughter walk across her college continue to fail to balance the budget, ing, $1.6 trillion in new taxes, and dou- graduation stage and it was another it means increasing inflation, higher bles the national debt by the end of his defining moment for me. Our country interest rates, and uncertainty in the 4-year term. At no point during the is facing enormous fiscal challenges economy, which results in less business President’s 10-year budget projection and if we fail to act, our children’s fu- investment and fewer jobs. would our government spend less than ture is at risk. I believe all Members of This is not an academic discussion. It it is taking in. Congress, and in fact every American, is not a partisan discussion. It is about Rather than spend more, we must has the responsibility to be a good the future of our Nation. We were not close the gap between what the govern- steward of what has been passed on to elected to ignore these problems but ment takes in and what it spends. Last us. So at that moment, that graduation rather to confront them. Congress can month, I introduced the RESET Act to event, I renewed my commitment to do and should do what Kansans do: Make rescind $45 billion in unspent stimulus my part to turn this country around. decisions based on solid values and be funds and direct those dollars toward I am one of many voices to express held accountable for those decisions. paying down the deficit. this concern. In 1985, President Reagan A few weeks ago, the International Another commonsense measure I took the podium during his second in- Monetary Fund issued a report out- have long supported is a constitutional augural address and spoke about one of lining how serious our financial situa- amendment to require a balanced budg- his greatest concerns: our Nation’s def- tion has become. America wasn’t the et. Unfortunately, when Members of icit spending. He told the American only country that came under scrutiny Congress are not required to prioritize people that 50 years of deficit spending by the IMF. Japan has also fallen be- their spending, they simply borrow had finally brought our Nation to the hind in its deficit goals. To make mat- more over a long period of time. This time of reckoning. He said: ters worse, Standard & Poor’s down- proposal—this constitutional amend- We’ve come to a turning point, a moment graded Japan’s credit rating out of con- ment—would limit Federal spending to for hard decisions. We must act now to pro- cern for the country’s ability to tackle 20 percent of gross domestic product tect future generations from government’s their debt. If we do not face realities and require a two-thirds majority of desire to spend its citizens’ money and tax and take serious steps now to confront Congress to raise the taxes. By forcing them into servitude when the bills come due. this challenge, we will find ourselves in Congress to be disciplined, to live with- I am here today, 26 years later, to a similar position. The impact will be in a budget, we will turn away from issue, unfortunately, the same warn- disastrous, as it has been in Greece and record deficits and back to fiscal re- ing. We are again facing a turning Portugal and Ireland. sponsibility.

VerDate Mar 15 2010 00:32 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S10MR1.REC S10MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S1520 CONGRESSIONAL RECORD — SENATE March 10, 2011 In addition to living by a responsible jobs, including more than one-fourth of will walk by the Korean War Memorial. budget, we must also address our long- all manufacturing workers in Kansas. These memorials to our citizen soldiers term unfunded liabilities, including So- By increasing our Nation’s exports, we help put everything in its proper per- cial Security, Medicare, and Medicaid. will create jobs and opportunities for spective. Our freedoms are so impor- Last year, mandatory spending made all Americans, without raising taxes or tant that our Nation’s sons and daugh- up 56 percent of our entire budget. This increasing the Federal budget. While ters were willing to risk their lives to percentage will only increase in the our Nation’s unemployment rate hov- defend and protect them. These brave years ahead as more Americans retire ers between 9 and 10 percent, it is sim- men and women didn’t sacrifice for Re- and fewer workers are there to replace ply inexcusable to not do what we publicans or Democrats; they gave them. Already, Social Security pays know we can do that will create jobs in their lives for the greater good of our out more than it collects and its total America. country and to ensure their children debt will increase over $1⁄2 trillion in One commonsense way to open more and grandchildren would also experi- the next 10 years. Medicaid spending markets is to pass trade agreements ence American freedom and liberty. consumes nearly a quarter of State with Colombia, Panama, and South We have before us an opportunity— budgets and will further burden States Korea, which have been stalled in Con- an opportunity to set aside the game of that are now required to pay for the gress. While Congress dithers, Colom- politics and to work together to con- vast Medicaid expansion found in the bia has moved forward on trade deals front the enormous challenges before recent health care reform law. Further- with Canada, Chile, the EU, Brazil, and us. Whether we have the courage to more, Medicare’s unfunded liabilities Argentina—to name a few of our com- tackle our fiscal crisis now will deter- are $37 trillion. This staggering sum is petitors. Comparably, tariffs have mine the course of our country’s future nearly three times the amount of our caused American farmers to lose nearly for the next generation. current national debt. 20 percent of total agricultural mar- I stand ready to work with my col- This challenge cannot be ignored any kets in Colombia over the last 5 years. leagues in this chamber to do what it longer. We must pursue change and re- It is past time to pass these trade takes to get our economy back on form, but it will take the leadership of agreements and create more markets track. Americans are known for their President Obama and the willingness of and, therefore, more jobs for Ameri- enterprising spirit and strong resolve, both political parties. We are ready to cans. and our country will recover when we have that conversation with the Presi- For the United States to remain begin to live within our means and cre- dent and we expect his leadership. competitive in a global market, Con- ate a pro-growth business and jobs en- Finally, history shows economic gress must also develop a comprehen- vironment. growth starts with the private sector, sive energy policy that allows for an Last month, we recognized the 100th so Congress must create an environ- ample energy supply which is both af- anniversary of President Ronald Rea- ment where entrepreneurship and busi- fordable and reliable. Rising gas prices gan’s birth. It was a fitting time for all ness can flourish. Small businesses are and recent events in the Middle East Americans to honor the memory of a the backbone of the American economy have demonstrated once again the im- man whose leadership guided our coun- and have generated 65 percent of the portance of having access to a reliable try through many challenges. Our 40th new jobs over the last two decades. energy supply. No simple form of en- President believed in the greatness of They also employ half our private-sec- ergy can provide the answer. To meet America. He believed in the principles tor workers. Clearly, small business is our country’s energy needs we must de- of individual liberty, self-government the engine of job creation and critical velop traditional sources of oil, natural and free enterprise. And he believed to our country’s economic success. gas, and coal, encourage the develop- there ‘‘are no limits to growth and As I tour plants in Kansas, business ment of renewable energy sources such human progress when men and women owners say: What next? What next as biofuels, wind, solar, geothermal, are free to follow their dreams.’’ harmful thing is Washington, DC, and hydropower, expand the use of nu- It is with that same optimism and going to do that puts me out of busi- clear energy, and encourage conserva- hope for the future that I stand before ness? For too long, Washington has in- tion. you today. I didn’t come to Washington creased the regulatory and tax burden Lastly, we need to repeal the flawed for personal glory. I came to Wash- on businesses at the expense of jobs. health care law and replace it with ington because I believe we have the Mountains of government regulations commonsense changes that reduce in- responsibility to be good stewards of and higher taxes are undercutting any creasing costs and promote choice in what we have been given and to pass on efforts to create jobs and erodes our our health care system, such as in- to the next generation the life we love global competitiveness, especially in creasing competition in the insurance and lead. We know what American can the manufacturing, agricultural, and market, giving States the flexibility to and should look like. energy sectors. Rather than hiring new address the health needs of their When I took the oath of office, I workers, businesses are spending their unique populations, enacting medical pledged to support and defend the resources on complying with ever- liability reform, and enabling small United States Constitution and to changing regulations and increased businesses to pool together to offer faithfully fulfill the duties of this of- taxes or, worse, those businesses are coverage at lower prices. These ideas fice—so help me God. I will continue to leaving our country. have bipartisan support and are backed seek His help and His guidance in the We need to be doing all we can to put by the American people because we days ahead, knowing that in Him all people back to work and grow the econ- know they will work. things are possible. omy, and that includes replacing our Congress should be an ally of the peo- As I humbly begin my new respon- convoluted Tax Code and eliminating ple, not an adversary. Congress has a sibilities, I remain committed to lead- bureaucratic intrusion into our free responsibility to create an environ- ing with Kansas common sense, and to market economy. ment where the free market can suc- making the tough choices necessary Maintaining a strong business envi- ceed, so business can move forward today, so that tomorrow—and every ronment at home must be coupled with with confidence and start creating jobs day thereafter—our children and opening new foreign markets for Amer- again. grandchildren can live in an America ican goods and agricultural commod- In Washington, DC, it is often easy to that provides them the opportunity to ities around the world. In today’s glob- forget what is most important in the dream big and pursue those dreams. al economy, we cannot afford to sit on midst of all the talk of partisan poli- If I am successful, I will have ful- the sidelines while other countries tics, the next election or the latest filled my responsibilities. If I am suc- move forward. Each day that passes, poll. When I need a reminder, I will cessful, I will have fulfilled my respon- we risk losing more of our markets and talk a walk—and I will walk from this sibilities as a parent, just like my mom our market share to competing na- magnificent Capitol to the Lincoln Me- and dad, and as an American who be- tions. morial. Between those two points, I lieves our country’s better and brighter Across our country, thousands of pass the World War II Memorial, the days lie ahead. Americans depend upon exports for Vietnam Wall, and on the way back I I yield the remainder of my time.

VerDate Mar 15 2010 00:32 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S10MR1.REC S10MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE March 10, 2011 CONGRESSIONAL RECORD — SENATE S1521 The PRESIDING OFFICER (Mr. history of the Republic. But now the it. They proposed some substantial BROWN of Ohio). The Republican leader scores have gone up, and we are look- changes in what we are doing. Just yes- is recognized. ing at over 1.6. We spend $3.8 trillion, terday they said: We are facing a crisis, Mr. MCCONNELL. Mr. President, I but we are bringing in only $2.2 tril- the most predictable the Nation has congratulate our new Senator from lion. This is why 40 percent of what we ever faced in its history. Kansas for his inspiring first speech to are spending this year is borrowed. In other words, we can see it coming. his colleagues and suggest that it We have an opportunity now; this CR People say: Oh, it will not happen to seems we have a new Senator from is it. We need to reduce spending now. us. Well, they should probably pick up Kansas in the tradition of Bob Dole and People say, well, we can wait. We do the book, ‘‘This Time Is Different,’’ by Sam Brownback and PAT ROBERTS, and not want to reduce spending for some Professor Rogoff at Harvard and I congratulate our new colleague on a of our favorite programs. This is dam- Reinhart at Maryland, one of our other fine and inspirational first speech. aging. We hear the old speeches that great universities. And their book pro- Mr. MORAN. Mr. President, I suggest sound like they were given 20 years ago poses and shows how governments, the absence of a quorum. about any proposal to cut any spending sovereigns, get into financial trouble The PRESIDING OFFICER. The level is seen as some total disaster, and how quickly bad things can hap- clerk will call the roll. suggesting that the Republic will cease pen. The title of it should tell you The legislative clerk proceeded to to exist. Of course, Americans know something. The title is, ‘‘This Time Is call the roll. that is not so. They are not buying Different.’’ Mr. SESSIONS. Mr. President, I ask that. What world are we in? The title suggests that all of these unanimous consent that the order for The President submitted a budget great financiers in these countries that the quorum call be rescinded. that basically does nothing but con- The PRESIDING OFFICER. Without ran up too much debt never thought it tinue the increases in spending. We objection, it is so ordered. was going to happen to them, and when just had the State Department in the people raised questions, they said: Do f Budget Committee. I am ranking Re- not worry, this time is different. FISCAL CRISIS publican on the Budget Committee. Well, is this an extreme book? Is this Mr. SESSIONS. Mr. President, we They are asking for a 10.5-percent in- a dangerous book? They say when your had two important votes yesterday on crease in the State Department’s debt, based on history and worldwide what we are going to do about the surg- spending. The Department of Edu- studies, reaches 90 percent of your ing debt this Nation is incurring and cation was in last week. They want 11 total economy, your total debt equals the dangers that debt poses to the fu- percent. The Department of the Inte- 90 percent of your GDP, your economy, ture health of our economy, the pros- rior was in. The President proposes a on average, loses 1 percent growth and perity of our people, and the employ- 9.5-percent increase in their spending. is at risk of a catastrophic adjustment, ment of our people. Increases in 2012, that is their pro- some sort of crisis. We had a debt crisis, a financial cri- posal. What world are they in? What Well, what percent of GDP are we sis in 2007, that we still have not recov- about Transportation? Do you know now? We have gone over 95 percent. ered from. It damaged us. It damaged how much they proposed increasing The experts tell us by September 30, American individuals. There are people Transportation? Sixty-two percent. when this fiscal year ends, we will be unemployed in large numbers because What world are we operating in? People at 100 percent of GDP. So is this some of that. We have not yet recovered say: You are just exaggerating. It is sort of fearmongering talk or are we from it. We have some growth, but we business as usual. We do not have to just dealing with reality? Are we really have not yet come out of it. We have to make any changes. We need to make facing a crisis we can see plainly in deal with it in a serious way. investments, SESSIONS. This country front of us? I suggest it is. So the proposal was, as passed by the needs to have more investments. The Mr. Geithner, President Obama’s Sec- House, to reduce the spending for the State Department had a 33-percent in- retary of the Treasury—unlike his rest of the 7 months in this fiscal year crease in 2 years. The Education De- Budget Director who also testified be- ending September 30 by $61 billion. Our partment had a 30-percent increase. I fore the Budget Committee, Mr. colleagues in the Senate basically pro- mean, when does it stop? Geithner was more frank when asked: posed to do nothing, a $4.6 billion re- If we reduce some of the increases Do you agree with the Rogoff study? Is duction in spending over the rest of that have been obtained, is that a real that a sound study? ‘‘Yes, I believe it this fiscal year. That is an unaccept- cut or is it just moving back to a more is.’’ able number. Perhaps we can disagree sane level? That is what it does. But Then he said this, frankly: ‘‘I think over where cuts ought to occur, but it when we do not have money, we have it understates the risks.’’ Understates is critically important at this time in to make tough decisions. the risk. And when asked about that, history, as I will discuss, that we take So, again, the question is, Are we he said, basically, there can be sys- real action that sends a message and just raising this politically? Are we temic, immediate shocks that occur actually saves money, not Washington just trying to make a political point or that are unpredictable just like in 2007 speak about saving money, but real is there really something that is hap- when all of a sudden we went from a savings in money. pening in America that is dangerous boom to a bust, and as things happened We can do that. Every city, county, and requires us to take this step in Greece, Ireland, and Iceland these and State is doing that all over the whether or not we want to take it? Are things can happen in this modern world country, and far bigger reductions in we required to? Is it real? Do we have with electronic financial transfers very spending than we are discussing here. a crisis that is dangerous for us? quickly. So the House proposal was to reduce Mr. Erskine Bowles and Mr. Alan I believe we can prevent this. I be- discretionary spending $61 billion, Simpson, Senator Simpson—Mr. lieve we can prevent it. But we have to which is about a 6-percent reduction in Bowles was President Clinton’s Chief of take action or we are heading in the the planned spending level. That is not Staff—were appointed by President wrong direction. Did you notice the going to destroy our country. It is still Obama to cochair the debt commission news yesterday? Bill Gross, who runs well above the levels we were spending that did their report. This is what they the world’s biggest bond fund at Pacific in 2008. But that $61 billion, when cal- said the day before yesterday, both of Investment Management, announced culated over 10 years because it reduces them. This was their signed joint state- they had totally eliminated U.S. Gov- the baseline of our government spend- ment to the Budget Committee the day ernment-related debt from their flag- ing, would calculate a net savings of before yesterday: ship fund, as the United States Govern- $862 billion, counting interest, because We believe that if we do not take decisive ment projected record deficits. it is that $61 billion every year plus the action, our Nation faces the most predictable So that is a big development, frank- interest. We pay interest on the debt economic crisis in its history. ly. I mean, he manages more money we are running up. Are these extremists? They spent than anybody in the world—I guess in We started out projecting a $1.3 tril- months studying the crisis the Nation the history of the world. He has elimi- lion deficit this year, the largest in the is in and what it takes to get us out of nated government debt from the Total

VerDate Mar 15 2010 00:32 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S10MR1.REC S10MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S1522 CONGRESSIONAL RECORD — SENATE March 10, 2011 Return Fund, and that was just an- Clinton says the deficit is a national five goals are: an energy that is abun- nounced. security threat. It was $1.3 trillion dant, affordable, clean, diverse, and do- So is that something we should be when she said that in September. The mestic. I realize these words, especially concerned about? I think it is. Because projected deficit now is $1.6 trillion- in combination with one another, don’t who is going to buy our debt? Who will plus. Secretary Geithner said the same. lend themselves to a clever acronym or buy our Treasury bonds, now 10-year We have had a debate. We had 10 a catchy slogan, so maybe we need to bonds, at 3.5 percent or so interest? Democrats defect from the Democratic rearrange them and figure out what People who get worried about their bill that did nothing, saying we needed word we can make. But if we follow debt sell their bonds. Who is going to to go further. We had two Republicans these as our guiding principles and then buy them? Where are we going to defect. One Independent defected, prob- make sure our legislative efforts re- get people to buy our bonds without ably thought it was cutting too much. flect each and every one, I believe gen- paying higher and higher interest But the majority of Members seemed uine progress can be within our reach. rates? to be saying we need to reduce more. So let’s start with the concept of af- Well, is our crisis coming upon us? I suggest that our leaders get to- fordable energy, because that is cer- Let me share with you the testimony gether. If there is a disagreement about tainly the most relevant topic right that Mr. Simpson and Mr. Bowles gave where the reductions ought to occur, so now. to the Budget Committee just 2 days be it. Let’s work that out. But we need Times such as these serve as a ago. to reduce spending significantly. The wakeup call as to how important en- This is what Mr. Bowles said, Co- House number is a minimal amount. I ergy—and particularly affordable do- chairman appointed by President believe it will send a message to the mestic energy—is to our Nation. En- Obama. He is very worried. Bill Grosses of the world who move bil- ergy provides the base of everything we This problem is going to happen. It is a lions of dollars around that this coun- do; not just heat and power and light problem we’re going to have to face up to in try is willing to take action, even and transportation, but the food we maybe 2 years, maybe a little less, maybe a tough action, to get off this eat, the clothes we wear—everything. little more. unsustainable path. Whether for a server farm or for a soy- He is talking about a crisis. He said I yield the floor. bean farm, abundant and affordable en- it is the most predictable crisis the Na- The PRESIDING OFFICER. The Sen- ergy is the foundation for a robust tion has ever faced. He is pleading with ator from Vermont is recognized. economy. But, unfortunately, there us to get off the unsustainable path we (The remarks of Mr. SANDERS per- seem to be those who feel the key to are on. taining to the introduction of S. 552 are clean energy is to make energy scarce What about Alan Simpson, the dis- located in today’s RECORD under and expensive. We don’t need an experi- tinguished Senator from Wyoming who ‘‘Statements on Introduced Bills and ment or an act of Congress to know an is so frank and articulate. He is also a Joint Resolutions.’’) economic recession reduces emissions, delight to hear. He said: Mr. SANDERS. Mr. President, I sug- and a depression, of course, would even I think it will come before 2 years . . . I’m gest the absence of a quorum. do that more so. The current price of just saying at some point, I think within a The PRESIDING OFFICER. The oil is a stark reminder that while mak- year, at the end of the year, if they [the peo- clerk will call the roll. ing energy scarce and expensive may, ple who hold our debt] just thought you’re in fact, reduce our emissions, it is an playing with fluff—5, 6, 7 percent of this The assistant legislative clerk pro- hole—they’re going to say, ‘‘I want some ceeded to call the roll. even more effective way to crush an money for my paper.’’ And if there is any- The PRESIDING OFFICER (Mrs. economic recovery. That is not good thing money guys love, it’s money. And HAGAN). The Senator from Alaska. for us. money guys, when they start losing money, Ms. MURKOWSKI. Madam President, The President has proposed we panic. And let me tell you, they will. It I ask unanimous consent that the order should raise the taxes on oil compa- won’t matter what the government does, for the quorum call be rescinded. nies, but in the middle of tough eco- they’ll say, ‘‘I want my money, I’ve got a The PRESIDING OFFICER. Without nomic times, the American people are better place for it . . . ’’ Just saying for me, objection, it is so ordered. not open to those policies that will in- it won’t be a year. f crease their energy costs. There is a Mr. President, we have a time agree- better path that would do more to bol- ment? ENERGY POLICY ster our energy security, more to cre- The PRESIDING OFFICER. The Sen- Ms. MURKOWSKI. Madam President, ate jobs, more to generate government ator’s time expired some time ago. The last week I spoke on five of the steps revenues and, equally, more to reduce time is limited to 10 minutes. we need to take to increase domestic our deficit. Instead of punishing one in- Mr. SESSIONS. I thank the Chair. I oil production. Today I wish to take a dustry to promote another, let’s use ask unanimous consent for 2 additional few moments to speak more broadly our tremendous reserves of conven- minutes. about our Nation’s energy policy as a tional resources which account for The PRESIDING OFFICER. Without whole, what the proper goals for such a more than 80 percent of our energy sup- objection, it is so ordered. policy should be, and the false choice ply. Let’s use these to fund the next Mr. SESSIONS. This is from the between increased domestic production generation of clean technologies. Let’s Washington Post, late January: and reduced oil consumption. prove up and produce our resources and In an analysis of the U.S. debt last week, Energy policy has repeatedly been S&P analysts said the unthinkable could then put these revenues toward— occur unless U.S. officials take action. brought up as an area where this Con- whether it is tax incentives, whether it gress and this President can find com- They go on to say: is additional research, whether it is mon ground. Knowing something actu- studies at our universities, you name U.S. officials must act quickly to control ally needs to be done, however, is no government deficits or face slower growth it, but let’s use these wisely. and even more difficult choices in the future, guarantee it will be done. The truth is Speaking specifically to the regu- the International Monetary Fund said most of us know we can improve in the latory burdens on energy, I think we Thursday in a report criticizing the tepid area of energy. With oil prices at above all recognize the Clean Air Act has U.S. response to its rising debt. $100 a barrel and the price at the pump made our air cleaner and certainly im- Admiral Mullen, Chairman of Joint heading toward $4 a gallon, we need to proved our health. Carbon monoxide, Chiefs: develop a coherent national energy pol- SOX, NOX, and a host of other pollut- I believe that our debt is the greatest icy to find that common ground, and ants have largely been removed from threat to our national security. that need has taken on even greater ur- smokestack and tailpipe emissions. I Secretary Hillary Clinton, Secretary gency. think we recognize there is more we of State: So what makes for good energy pol- can do in terms of the regulation of Secretary of State Hillary Clinton waded icy and how can we ensure that agree- HFCs and other greenhouse gases into the nation’s fiscal debate Wednesday, ment is finally reached on meaningful which, while they emit much lesser calling the expected $1.3 trillion U.S. deficit energy legislation? I think we should quantities, they certainly have potent ‘‘a message of weakness internationally.’’ have essentially five goals, and those greenhouse effects. But the Clean Air

VerDate Mar 15 2010 00:32 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S10MR1.REC S10MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE March 10, 2011 CONGRESSIONAL RECORD — SENATE S1523 Act is not the proper legal framework now, today, we use 20 million barrels of abandon our policies and, once again, for regulation of carbon dioxide, which oil a day, and for the vast majority of hamstring ourselves and make us reli- is emitted in huge quantities by almost its uses there is no imminent sub- ant upon them for our oil. every human activity and whose effect stitute. I want to offer an important perspec- cannot be confined to a nonattainment I said last week in my comments tive. Even if we cannot accept that area, and which, in itself, is not harm- that for the sake of our national econ- America increasing production and de- ful to health. All of us want a cleaner omy, for the sake of our Nation’s secu- creasing consumption would affect energy supply, but the approach taken rity, and for the sake of the world’s en- global oil prices, remember, price is over the last several years seems to vironment, we should produce at home not the only reason to advance such a have been one of all or nothing instead the highest possible percentage of the policy. Right now, the high price of oil of the all-of-the-above approach, and I oil we do consume. works against America, and it works think it has been counterproductive. Domestic production is currently for every nation that deliberately pro- We need to seek out and accept policies being stifled by those who engage in duces its reserves. Production provides that will lead to steady progress. what I guess you would call magical them with jobs, it provides them with We don’t yet know the best way to thinking—that if only we stop pro- revenue for their government, and it provide energy that is clean and abun- ducing oil in the United States, then provides better trade balances and na- dant and affordable, but what we do the world’s need for oil is going to go tional security, but all at our country’s know is there is a whole myriad of op- away and Skittles are going to fall expense. portunities. We have oil and natural from the sky and unicorns will prance We are the only country that has gas; we have wind; we have solar; we in the streets. It is just not real. identified a huge resource base and have hydro; we have geothermal. We The harsh reality is our foreign oil then absolutely refused to produce it. have coal, biofuels, fission, fusion. Just dependence contributes to conflicts So often we hear on this floor discus- naming the types of energy and the where young men and women die or sion about China eating our lunch in subcategories within energy is a whole come home without limbs, and we clean energy, about Japan and Ger- floor speech in and of itself. Whether it wreck our economy. There always will many outpacing us in wind and solar turns out to be fireflies we collect in a be future conflicts in the world, wheth- technology. But does anybody think if bottle or something we simply haven’t er in the Middle East or elsewhere. As those countries had a Gulf of Mexico or even imagined yet, we don’t know what a nation, we will have to decide on our an ANWR, they would not be drilling in source or what combination of sources proper role in each. We can and should those areas as we speak? Does anyone will actually turn out to be best for do everything possible, however, to think those nations demagog nuclear America. That should be cause for eliminate foreign oil dependence as a power or refuse to permit coal plants? Their energy policies are on a better those of us here in Congress to be ex- strategic consideration. track than ours. They are not just traordinarily careful in trying to pre- Madam President, none of this is due looking at what is happening today; determine what sources should either to America running out of oil. In Alas- they are looking at tomorrow, at win or lose. We are always talking ka, my home State, we have estimated today—they have an energy policy that around here about we need to steer reserves in excess of 65 years’ worth of carries them out. clear of picking winners and losers, and Persian Gulf imports. So, again, in Alaska alone—one State—we have re- There is an article in the Wall Street yet it seems that is what we do all the Journal of yesterday by Nansen Saleri. time. A diversity of energy sources pro- serves in excess of 65 years of what we take from the Persian Gulf. There are He concludes his article with this vides the best proving ground and in- statement: surance against overreliance on any also, of course, tremendous reserves in other States and, of course, offshore. The U.S. does not have an energy problem. one source, and a healthy economy pro- It has an energy strategy problem. vides the best demand for the cleanest For decades, opponents of domestic production have argued that we should Think about that. It is not lacking sources available. the resources; it is the strategy for how Winston Churchill once said: not produce more because we are not going to see this come online for years we develop our energy resources. On no one quality, on no one process, on no During his campaign, President to come. If, 20 years ago, or even 10 one country, on no one route, and on no one Obama liked to quote Dr. Martin Lu- field must we be dependent. Safety and cer- years ago we had ignored those who ther King and talk about ‘‘the fierce tainty in oil lie in variety and variety alone. had said ANWR was unacceptable be- urgency of now.’’ There are few issues Winston Churchill was talking about cause it would take a decade to de- more important or more fundamental oil, but his words are just as applicable velop, we would now, at this point in to our Nation’s long-term success than to our need for diversity in all of our time, be enjoying another 1 million a viable energy policy. People are very types of energy. barrels of domestic production per day. correct when they say that parts of Finally, the need to make our energy But we said, 10 years ago, 20 years ago, this will take time, and parts will take domestic to the greatest degree pos- it is going to take too long to bring a longer period of time. But now is sible is something we have all known— that ANWR oil online, so we just ought never more fiercely urgent than when we all know we need to do this—but we not do it. Look where it puts us today. we have such an important and long have failed to do anything about it for Opponents also like to say that a pol- journey ahead of us. If we are ever decades. It shouldn’t take an upheaval icy of increased domestic production going to take control of our energy fu- will have no immediate effect on oil in North Africa to convince us that ture, now is the time to come together sending billions of dollars a day out of prices. We don’t even want to waste and support policies that promote our economy to countries that are not time arguing the folly of trying to dis- abundant, affordable, clean, diverse, our friends is a bad idea. miss good national energy policy be- and domestic energy. It is critically We know it is a bad idea. Yet we con- cause it is long term. I also note that important to us. tinue year after year after year. We using the Strategic Oil Reserve to I look forward to these conversations need to focus on two parallel tracks: mitigate high oil prices—to maybe that we will continue on the Senate increased domestic production and de- push them back below $100 a barrel for floor as we talk about ways we not creased consumption. We absolutely a short term, a couple weeks—should only work to reduce our budget, ways should reduce our dependence on oil. In be unacceptable to us. We need a viable we not only work to create jobs in this our early days of the automobile, we long-term answer, not a short-term and country, but ways that we truly build a saw a wide range of experiments as in- shortsighted political alibi. strategic energy policy for the long- ventors and entrepreneurs strove to There is nothing that OPEC fears term for this country. find the best approach. Again, I think more than America committing to the With that, I yield the floor and sug- we are on the verge of a renaissance in twin tracks of increased domestic pro- gest the absence of a quorum. vehicle technologies where we explore duction and reduced consumption. The PRESIDING OFFICER. The electric vehicles, biofuels, fuel cells, ef- Were we to do so, we would see OPEC clerk will call the roll. ficient diesels, natural gas, propane, doing everything in their power to The bill clerk proceeded to call the and other approaches. But for right drive down world oil prices to make us roll.

VerDate Mar 15 2010 00:32 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S10MR1.REC S10MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S1524 CONGRESSIONAL RECORD — SENATE March 10, 2011 Mr. ENSIGN. Madam President, I ask to do either? This is a sad thought for ming; trillions of cubic feet in Amer- unanimous consent that the order for me but a reality for many others. ican natural gas. It also means a 230- the quorum call be rescinded. Throughout this economic downturn, year supply of coal and great potential The PRESIDING OFFICER. Without Members from both sides of the aisle for nuclear energy. These are American objection, it is so ordered. have come to the floor to talk about sources of energy. If we combine those f people in their home States who are with conservation and aggressive in- suffering. Philosophical differences vestment in renewable and green en- GASOLINE PRICES aside, both parties have put forth legis- ergy—solar, wind, geothermal, hydro- Mr. ENSIGN. Madam President, I lation that they believe will help the power, fuel cells, and electric vehi- wish to talk about gasoline prices and economic plight of many Americans. cles—they are all key to our American energy. Just a few years ago, this Na- What have we done about energy prices energy independence. tion was in the middle of an energy cri- that threaten to derail recovering fam- I recently visited a couple of dif- sis not unlike the one we are in today. ilies? Nothing. ferent places in my home State of Ne- Back then Nevadans were confronted Rising gas prices affect nearly every vada that are producing electric cars. with record prices at the gas pump, and sector of our economy. Everywhere we Those are great, but you still have to this body did nothing to relieve their look in America today, our economy produce the energy to produce the elec- burden. continues to be directly affected by the tricity to run those electric cars. That When I joined my colleagues to de- skyrocketing price of fuel. At a time is why we need this ‘‘all of the above’’ mand that we explore our own domes- when unemployment is over 14 percent approach for American energy inde- tic energy possibilities, the call fell on in my home State and Americans are pendence. deaf ears. In May of 2007, I said that already struggling financially, we can My home State of Nevada is actually ‘‘moving America toward energy inde- no longer allow this problem to be ig- a shining example of many innovations pendence needs to be more than a nored or to be set aside. We need real being made on these fronts. Nevada bumper sticker and a campaign slo- solutions that develop our domestic en- Solar One in Boulder City is one of the gan.’’ Unfortunately, it remained just ergy and oil production, and we need largest capacity solar powerplants that. those solutions to decrease our depend- built in the world and generates Campaign promises to protect our ence on dangerous foreign oil. enough electricity to power at least Nation’s security interests remain on We send over $500 billion a year out 14,000 households a year. Nellis Air the campaign trail, and cheers at polit- of this country to buy foreign oil. A lot Force Base in Las Vegas has the Na- ical rallies to increase America’s en- of that money ends up financing the tion’s biggest photovoltaic solar power ergy independence are left behind with very people who would do us harm. system, which supplies 30 percent of deflated balloons and forgotten con- What America needs is everything but the energy used at the base. Henderson fetti. Well, here we are. My colleagues foreign oil from dangerous countries. has Nevada’s first solar community, on this side warned against what an That needs to be our energy policy so where each home has a rooftop solar unstable Middle East could mean for that we can ensure that the price of electric system. Late in 2007, Ausra, our gasoline needs. Yet, today, what gas does not further cripple our crum- Inc., selected Las Vegas as the site for are we witnessing? Turmoil in that re- bling economy. the first U.S. manufacturing plant for gion and escalating gasoline prices at In 2008, I spoke on the Senate floor solar thermal power systems. The home once again. and said these following words: world’s third largest geothermal power Unfortunately, this time around, our The American people are looking to us for producer is headquartered in Reno, NV. economy is also in trouble. My State of solutions. We have a responsibility to make And Nevada is home to the only asso- Nevada has continued to suffer the decisions here in order to provide them much ciate degree program in the Nation in most during this recession, and econo- needed relief at home. For many months, Re- energy efficiency. It is absurd to think mists are not predicting a quick turn- publicans have been working to provide that that people in Nevada are going to be relief. We have been focused on a three- around anytime soon. crippled by increasing prices at the gas The problem with this new energy pronged approach: boosting renewable en- ergy and alternative energy, encouraging en- pump at the same time that our State crisis is that a record number of people ergy efficiency, and growing our American is leading the way in renewable energy in Nevada and around the country are energy supply. This line of attack balances innovation simply because Congress now without jobs and without homes. the need for us to be responsible stewards of will not act to address this crisis. So how are they supposed to afford $4- our environment with the need for reliable, Throughout this last year, bills were a-gallon gasoline or maybe even $5-a- affordable energy to fuel our lives and our passed filled with unintended con- gallon gasoline at the pump? I will tell economy. sequences because every dip in the you simply, they cannot afford this. Again, that is what I said in 2008 economy was deemed by some to be a Recent unrest in Egypt, Libya, and when Republicans wanted to address crisis that required an immediate solu- other countries has forced gas prices to the need for American energy inde- tion. Yet we knowingly continue to ig- rise nearly 40 cents a gallon in the re- pendence. But the Democratic majority nore the energy crisis that will con- cent weeks. For those struggling in my had other priorities. tinue to plague our country every time State, that is verging on unfavorable. We simply cannot continue to pass the Middle East cannot get along. For those who are worse off, it already the buck on to another Congress and According to the Department of En- is. The price of gas is at a 2-year high. kick the can down the road. We need to ergy, oil is the source of more than 40 The average price of a gallon of gaso- take action, and we need to do it now. percent of our total energy demands line in America is now $3.52. When Like the spending cuts, everything and more than 99 percent of the fuel we President Obama first took office, the needs to be on the table when dis- use in our cars and trucks. average price for a gallon of gasoline cussing American energy independ- The Senator from Alaska, Ms. MUR- was $1.84. That is a 91-percent increase. ence. By working to eradicate our dan- KOWSKI, was just on the floor talking What are we doing? Nothing. In Ne- gerous dependence on foreign oil from about how we all want to transition to vada, gas prices are rising and are now the Middle East and Venezuela, we can a more green economy. But the fact is, above $3.60 a gallon. The biggest con- protect Americans from choosing be- that is going to be years and even dec- cern with the rising cost of gasoline is tween paying the rent, providing food ades away, so we have to have Amer- that it translates into higher prices at for their families, or paying for gas to ican sources of energy here now. the grocery store, utility bills, and vir- drive to work. The United States consumed about 19 tually everything we do. What does an ‘‘everything but dan- billion barrels of petroleum products a I have spoken at length over the past gerous foreign oil’’ approach look like? day in 2009. We receive over half of this few years about people in my State It means 10 billion barrels of oil from oil—51 percent—from foreign sources, who are being forced to decide between ANWR in Alaska. It means 28 billion predominantly from the Middle East, paying the rent or putting food on the barrels from deep-sea exploration; Africa, and Central America. We can- table to feed their families. But what about 1.8 trillion barrels possibly from not continue to ignore this issue. Inac- are they going to do if they can afford oil shale in Colorado, Utah, and Wyo- tion is no longer an option.

VerDate Mar 15 2010 00:32 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S10MR1.REC S10MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE March 10, 2011 CONGRESSIONAL RECORD — SENATE S1525 The Obama administration’s ap- homa, and West Virginia could provide In 2009, the Obama administration proach to developing domestic energy us with literally billions more barrels canceled 77 oil and gas leases in Utah, production has been to impose regula- of natural gas. and in 2010 it canceled another 61 oil tions, withdraw permits, and shut off Yet, in the midst of this abundance, and gas leases in Montana. This is as- access to lands that contain valuable the administration has strapped down tounding to me because now, instead of oil and natural gas deposits. In addi- these reserves with regulations and acting on American energy independ- tion, the EPA is currently regulating too-long-to-comply-with permits. The ence, we are trying to stifle the domestic energy resources for green- solution to this situation is simple: We progress we are making. Senator house gas emissions under the Clean need to streamline the process to allow VITTER’s legislation would direct the Air Act. We can no longer afford orga- America to access its own resources Obama administration to reinstate oil nizations, such as the EPA, claiming without the hindrance of bureaucratic and gas leases that were canceled and authority to cut off our access to re- redtape. If we are allowed to fully tap to open ANWR to oil production. sources because of arbitrary rules into the potential of these reserves, we Senator VITTER’s legislation would based on unsound science. These back- will be one step closer to developing af- also establish an ANWR alternative en- door climate regulations could increase fordable and environmentally safe ergy trust fund so we can pay for re- the cost of gasoline and electricity by compressed natural gas vehicles. This newable energy development with our 50 percent. These policies work to pro- will not only curb our reliance on dan- own money instead of borrowing mote our dependence on foreign oil, gerous foreign oil but also create even money from China and Saudi Arabia and they do nothing to reduce the cost more jobs and put us at the forefront of and others to do it. The bill also re- for ordinary Americans. alternative-fuel technology. By using stricts the EPA from imposing regula- Ten billion barrels in ANWR in Alas- our own natural gas reserves, we can tions that cut off our access to oil and ka means that not drilling is not an op- build more powerplants, improve our gas resources instead of utilizing them. tion. ANWR is roughly the size of transportation needs through buses We have been talking about the debt South Carolina, but drilling in ANWR and trucks that run on natural gas, on this floor and overspending. We need will only be about the size of McCarran power our fleets, and improve our legislation to go after American en- Airport in the city of Las Vegas. That country’s ability to manufacture steel, ergy. By the way, this legislation is about 2,000 acres out of the size of fabric, glass, and plastic that we need would not cost us any money. As a South Carolina. If I had a map here, it instead of outsourcing these jobs over- matter of fact, it brings in money to literally would be a dot on a huge map. seas, which is what has been hap- the U.S. Treasury because we get roy- That is how tiny an area we have to pening. alties off of American energy. That is Madam President, 28 billion barrels disturb to get this 10 billion barrels of the direction in which the Senate, the of deep-sea oil means that the Obama oil out of ANWR. House, and the President needs to take administration cannot continue to hold We can even access ANWR during the these reserves hostage by banning our country—less dependence on for- winter months. We can drive out on ice deep-sea drilling. The Gulf of Mexico eign oil, more American security from roads that are 6 feet thick, and then in and the Atlantic coast areas alone hold an energy independence standpoint, the spring, when everything starts to commercial oil reserves of 28 billion more economic security, and more melt and the animals need to come out barrels of oil and up to 140 trillion military security as well. for their breeding in the springtime, we cubic feet of natural gas. These are Republicans have solutions and we can cap the wells, take all of the equip- huge reserves. are eager to start this debate, but we ment out, and let nature take its Despite the administration lifting its need the majority to bring these bills course in the summer months. moratorium on permits late last year, to the floor of the Senate. The issues Additionally, at least 40 billion bar- only one deepwater well permit has are too critical for us to delay. We rels of recoverable oil in the National been issued in the last 11 months—only can’t afford to let gasoline continue to Petroleum Reserve-Alaska and the one. We can and we must do better go up and up and up, to $4, $5, who Chukchi and Beaufort Seas means that than this. knows where it is going to stop. Alaska alone can replace crude imports Yesterday, it was reported that the Unfortunately, President Clinton ve- from the Persian Gulf for nearly 65 Obama administration will issue an- toed the bill that would have opened years. Let me repeat that. New oil in other handful of deepwater drilling per- ANWR back in the mid-1990s. I think Alaska can replace what we import mits in the near future. Of course, this we were one vote short in passing the from the Persian Gulf for the next 65 comes at a time when the administra- ability to open ANWR when President years. If that is not in the interest of tion is appealing a ruling from a Fed- Bush was President. This body failed America—our national security inter- eral court that has ordered the admin- by one vote. That is unfortunate, be- ests and our national economic inter- istration to act on the permits that cause if we had opened ANWR, we ests—I don’t know what is. I bet that is have been pending and that have been wouldn’t be in nearly as bad shape as a statistic the Obama administration virtually ignored. we are in today. But it isn’t just would rather keep hidden. As a matter Secretary Salazar, in a Senate sub- ANWR, it is many other places where of fact, they are keeping it hidden be- committee hearing just yesterday, said we can have American energy and we cause the EPA is blocking the ability oil production in the gulf will not drop need to act and we need to act now. of Americans to go in and get those oil significantly as a result of the adminis- I yield the floor. and natural gas reserves. tration’s delay. He said we ‘‘may see a The PRESIDING OFFICER. The Sen- Also, in Louisiana, drilling for nat- blip.’’ Well, this country cannot afford ator from South Dakota. ural gas in the Haynesville Shale re- to see a downward blip. As a matter of f sulted in an estimated $5.7 billion in fact, we need to see an upward tick. We DEBT AND NATIONAL SECURITY new household earnings for Louisiana need to see more production coming residents in 2009, and it created over out of the Gulf of Mexico. Mr. THUNE. Madam President, I rise 50,000 jobs. I mention this because Recently, Senator VITTER drafted his to talk about our Nation’s security and going after American energy produces No Cost Stimulus Plan, as he calls it— what the Chairman of the Joint Chiefs American jobs. I think everybody in or his 3 Ds. Those 3 Ds are domestic en- of Staff, ADM Mike Mullen, recently this Chamber agrees we need American ergy, domestic jobs, and reducing the said is the greatest threat to America’s jobs today. deficit. This bill aims to increase our future. He mentioned not too long ago Now we are finding that there are ability to access domestic energy that the greatest threat to America’s more reserves located in central Lou- sources to increase our energy inde- national security is our national debt, isiana and southern Mississippi, and pendence. It would use these domestic not al-Qaida or the Iranian nuclear they may contain 7 billion more bar- energy sources to create thousands of threat or instability in the Middle East rels of natural gas. But we have also real, private-sector, long-term jobs in or Russian spies but our national debt. found many natural gas reserves in the areas such as my State, where we have That is a stunning statement, but I rest of the country. Shale reserves in the potential to lead the Nation in re- think it is backed up by the numbers. Pennsylvania, Ohio, New York, Okla- newable energy. We are more than $14 trillion in debt.

VerDate Mar 15 2010 00:32 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S10MR1.REC S10MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S1526 CONGRESSIONAL RECORD — SENATE March 10, 2011 It took 220 years of American history, lower economic growth rates. Median First, the end of the 2-week continuing up to the beginning of 2009 and with 43 growth rates for countries with public resolution on March 18. Then we will American Presidents, to pile up $6.3 debt above roughly the 90 percent of have to address the debt limit some- trillion in publicly held debt. Under the GDP threshold are about 1 percent time this spring. After we have dealt Obama administration’s latest budget, lower than otherwise. The reasons for with those two matters, we need to we will double that in another 2 years this are simple: Government borrowing take up the budget for fiscal year 2012 and triple it in 10. That budget calls for crowds out private investment. The because the new fiscal year is only 6 a sizable annual deficit every single less productive public sector takes re- months away. year for the next 10 years. The smallest sources that could and would be better None of those is a mystery. None of budget deficit we would face would be used by the more productive private them snuck up on us. We have seen $607 billion in the year 2015, and then sector. them all coming. We have had plenty of our deficits would start rising again. We have already crossed the dan- warning. We have no excuse for being That is what the White House calls a gerous 90 percent threshold—gross debt unprepared. I am confident we can balanced budget. I would call it a joke, was 93 percent of GDP at the end of come together and solve all three of but it is no laughing matter. We just last fiscal year and will top the 100 per- those issues. We showed we can do it learned China holds even more of our cent barrier by the end of this fiscal with the 2-week CR, finding $4 billion debt than the Treasury had previously year. Under the President’s budget, the of spending that we could agree was thought—26 percent of total U.S. debt debt will continue to grow rapidly, not our most important national pri- held by foreigners. The President’s eventually reaching 107 percent of ority right now and could be cut. budget inevitably would add to that. GDP—and that is even with the gim- Thanks to the great work of our friend That crushing debt burden we are im- micks and questionable assumptions and colleague, Dr. COBURN, the GAO posing on future generations will seri- the White House budget proposal con- has confirmed there are hundreds of ously limit their ability to live the tains, including what I believe are very billions of dollars in waste and duplica- American dream. For generations in unrealistic economic growth assump- tion we can begin to scrub out of our this country, parents have sacrificed so tions. Federal budget. their children could have a better life, President Obama’s own economic ad- That is our short-term situation— but today we are standing that tradi- visers have estimated that a 1-percent those three challenges. But there has tion on its head. Excessive spending increase in GDP translates into 1 mil- also been talk of a balanced budget and debt threaten to make the next lion more jobs. Many more people amendment, and I am a cosponsor of generation the first in our history to would have jobs today if it weren’t for two balanced budget amendments. have a lower standard of living than this crushing debt burden. That is not a short-term fix. That is a the one that came before. That was not We did finally have some good news long-term issue. So that is the short what my parents did. My father fought last Friday about private sector job term and the long term. in World War II. He worked hard as a creation. Nobody was happier than I to In the midterm, we need to come up teacher, a coach, he drove the school- see that. But the fact remains that the with additional solutions to get us off bus, ran a motel in my hometown, and labor force participation rate in the what I call Federal fiscal irrespon- basically did any job he could and latest unemployment figures was un- sibility, budgetary brinksmanship, and made whatever sacrifices he needed to changed at 64.2 percent, the lowest deficits as far as the eye can see. We make in order to keep our family fed, level it has been since the early 1980s. need to get back on the path of pros- clothed, and sheltered. His father be- A lot of workers have been so discour- perity, and that path cannot be built fore him, my grandfather, traveled to aged with the lack of jobs they have on borrowed money and reckless spend- this country from Norway and worked simply stopped looking. ing. Getting back on the right path doing hard labor laying the railroad Let us not forget our recovery so far will require us to fix our broken budget across the Plains. He started his own has lagged far behind past recessions. process. hardware store and ran it through the At this point after the 1981–1982 reces- To that end, I am proud to reintro- Depression and war until he couldn’t sion, the economy had already ex- duce a bill I introduced last year that work anymore. He knew what it meant panded to 10 percent. But the current would establish commonsense reforms to sacrifice to take care of his family. recovery has only expanded the econ- to improve transparency and efficiency But today, Washington seems to be omy by .14 percent. That is not good in our budgeting process. I am proud saying the generations to follow us will enough. We all know if we don’t act Senators CHAMBLISS, CRAPO, INHOFE, have to sacrifice so we will not have to soon to get control of Federal spending JOHANNS, KIRK, PORTMAN, and WICKER make the tough choices. We don’t want and our soaring debt, any good news have joined me in cosponsoring S. 439, to do the hard work of living within will be short-lived. the Deficit Reduction and Budget Re- our means, so our children and our For 2 years, the Pied Pipers of big form Act of 2011. grandchildren will just have to get by government told us they could spend If we don’t do something to fix this on less. Every one of us in this Con- their way out of financial troubles; broken system and soon, we are going gress should be ashamed of that pros- that the money was free and it would to keep getting hit by these budget pect. lead to jobs, jobs, jobs. Well, they were waves, and sooner or later they are But more than shame for what we are wrong, and 2 years of their policies going to sink us. doing to future generations, we should have left us dramatically worse off. It My proposal has three main parts. be alarmed about what we are doing to is simple: Too much government spend- The first is budget reforms. I propose our economy today. That skyrocketing ing means too much government debt. we start by reforming pay-go rules to debt means a burden of uncertainty on That means a weaker economy and prevent the double-counting gimmicks our businesses, small and large alike. fewer jobs. that too often are used around here, When businesses and people are uncer- I think we are finally at the point particularly with regard to our trust tain if there will be a fiscal crisis, they where most people, even here in Wash- funds. We saw that double counting limit their investment. Added to the ington, are willing to concede we need occur during the health care debate stifling amount of overregulation com- to get a handle on our spending. Even last year, when hundreds of billions of ing out of Congress and the administra- the Obama administration—the biggest dollars were doubled counted—essen- tion these past 2 years, it means busi- spending White House in history—has tially spent twice—during the health nesses have one more reason to worry finally come around to the realization care debate. about whether they can afford to add that just maybe we should let the cred- My proposal would make the Federal another person to the payroll. That it card cool off a bit. budget a binding joint resolution means fewer jobs. There is no better time in America’s signed into law by the President. One influential study, endorsed by history to change course regarding Today, it is a nonbinding resolution none other than Treasury Secretary Federal spending. We are at a moment and routinely gets waived. Geithner, found that countries with when we are about to get hit by a suc- My proposal calls for a biannual very high debt burdens suffer from cession of three budgetary waves. budget timeline. There is more time

VerDate Mar 15 2010 00:32 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S10MR1.REC S10MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE March 10, 2011 CONGRESSIONAL RECORD — SENATE S1527 for oversight and to see what is work- have a statutory requirement each We have a major problem. These are ing doing a budget every other year— budget cycle for coming up with a spec- serious times. These are serious prob- during the odd-numbered years—and ified amount of savings in deficit re- lems. These are serious challenges. then during the even-numbered years ductions through spending reductions. They require serious solutions and seri- doing oversight. So instead of looking What would we do in the short term? ous leadership. I hope here in the Sen- for ways to spend taxpayer dollars, we This proposal would freeze and cap ate we are up to that. look for ways to save taxpayer dollars. spending. It would propose a 10-year As I said before, it starts on several My proposal also calls for a legisla- spending freeze at 2008 levels adjusted levels. In the near term, we need to get tive line-item veto. Governors have it; for inflation. After all, nondefense dis- the spending under control. We are try- the President should too. cretionary spending has increased at ing to do that with the discretionary My proposal would prevent the abuse an alarming rate since 2008—a 22-per- spending bill that is in front of us. We of emergency spending designations, cent increase, when inflation has been need to deal with the longer term which, again, have become all too rou- roughly 2 percent. In other words, non- issue. I hope we can pass a balanced defense discretionary spending has tine and all too frequent around here, budget amendment. We have had votes grown in the last 2 years at 10 times to get around spending caps. on that in the past here in Congress, My proposal calls for the creation of the rate of inflation. As I said, this is not a quick fix. No unsuccessfully, narrowly. But we need a new CLASS Act trigger, if that new to put in place what so many States entitlement program is not solvent plan is going to solve our problems overnight, and I hope we do not take have that require them on an annual over a 75-year timeframe. basis to balance their budgets. Then we I would also modify the Medicare seriously anyone who claims to have a need to put in place budget process re- cost containment trigger to have hon- plan that will. But just the same, I do forms that, in my view, will put more est accounting with respect to reve- not think we should take seriously any of a straitjacket on the Congress and nues and savings in the new health plan that claims that an annual deficit force us to make more of these hard de- care bill. of $607 billion is the same as a balanced cisions. My proposal also would update the budget. It is not the same, and it is not Credit Reform Act to score the pur- good enough. The only thing that is I think, frankly, because we do this chases of debt, stock, equity, and cap- good enough for our children and for every year, this budget every year, we ital using a discount rate that incor- the future prosperity of this great get very occupied with 12 appropria- porates market risk rather than the country is for us to get our fiscal house tions bills in the budget—although last procedure that has been used in the in order and to embrace responsible year we did not even pass a budget, nor past which, in my view, completely un- budgeting. We cannot continue to did we pass a single appropriations bill, derstates the cost of many of these pro- spend money we do not have. We have which is a major failure of this Con- grams. to learn. Like the American people gress when you are running a $3.7 tril- I call for a new standing joint com- have learned to live within their lion enterprise called the Federal Gov- mittee of Congress for budget deficit means, we have to learn how to tighten ernment. But in our annual schedule, reduction. If you can believe this, there our belts. we need to provide time to do over- are 26 committees or subcommittees I wish to close with a couple of state- sight, time to look at what we can be that spend tax dollars and not one that ments. doing not to spend more money but to saves tax dollars. That joint committee I mentioned earlier the statement by save money. would be responsible for producing a the Chairman of the Joint Chiefs of If we had a biennial budget process bill to cut the deficit by at least 10 per- Staff, ADM Mike Mullen, with regard where we are spending money in odd- cent every budget cycle without rais- to the greatest threat to our national numbered years and doing the appro- security being our national debt, but I ing taxes. This bill would get expedited priations bills in those years, and then also want to quote what Secretary of consideration in both Chambers of Con- in the even-numbered years, when peo- State Hillary Clinton called the unex- gress and use only spending reductions, ple go home to run for election, instead pected $1.3 trillion U.S. deficit. She re- not tax increases. Tax increases would of looking for ways to spend money, we ferred to it as a ‘‘message of weakness be off the table. A standing com- are actually looking for ways to save internationally,’’ and she went on to mittee—not just issuing one report and money, I think these reforms are long say: closing up shop—its recommendations overdue. It poses a national security threat in two would get an up-or-down vote in Con- ways: it undermines our capacity to act in I hope my colleagues will take seri- gress. our own interest, and it does constrain us ously this issue of budget process re- There is a precedent for doing this. I where constraint may be undesirable. form. I know it is not glamorous sub- see the Senator from West Virginia on That is Secretary of State Hillary ject. In fact, most people’s eyes glaze the floor. Back in the 1940s, there was Clinton with regard to these year-over- over when we talk about budget proc- a Senator from West Virginia named year massive deficits we continue to ess reform. But, in my view, there is Harry Byrd. As they were debating run. not anything we could do that would whether to raise taxes to fund World Just today, we heard that PIMCO, more fundamentally change the way War II, he came up with an idea and one of the largest mutual funds in the Washington works than reforming this said: Before we do that, we ought to country, has decided to dump govern- budget process because it drives every- look at savings we can find in our Fed- ment debt—its government debt. In thing else. If we do not start there, we eral budget. So he proposed a joint that story that came out today that are never going to get this issue of committee called the Joint Committee was discussing that particular move on spending and debt under control in the on the Reduction of Nonessential Fed- their part, there was a quote from a long term. eral Expenditures. They went about gentleman, Jim Rogers, who is the co- I thank my colleagues who have co- the process of scrubbing the Federal founder of the Quantum Fund. He said: sponsored this bill. I hope there will be budget to see if there might be savings U.S. Government bonds are not a safe more colleagues who will join on this that could be achieved that would pre- haven. I cannot conceive of lending money to bill—if not this one, something like vent having to raise taxes to fund the the U.S. Government for 30 years. it—that will once and for all change war effort. In the process of doing that, Think about that—the United States the way Washington works by under- that committee achieved a great many of America is being viewed increas- taking reforms in our budget process things. It was in existence for about 30 ingly as an unsafe investment because that will lead us to greater fiscal re- years. of this massive debt we are running sponsibility and greater prosperity for What this would do is draw on that and what it could mean to the future future generations. precedent and create a joint standing with regard to inflation and interest committee in the Congress that would rates and the health of our economy I yield the floor. be bicameral—10 House Members, 10 and its attractiveness to people not The PRESIDING OFFICER (Mr. Senate Members—bipartisan—10 Re- only here at home but around the BLUMENTHAL). The Senator from West publicans and 10 Democrats—and would world as a place for investment. Virginia.

VerDate Mar 15 2010 00:32 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S10MR1.REC S10MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S1528 CONGRESSIONAL RECORD — SENATE March 10, 2011 INTEROPERABLE WIRELESS mission to do something a long time cording to the White House and even BROADBAND NETWORK ago, we have done nothing. This ham- the industry itself, the telecommuni- Mr. ROCKEFELLER. Mr. President, pers our ability to respond to a crisis, cations industry, incentive auctions tomorrow is March 11. For most of us, this lack of equipment. Whether that will bring in revenue so much above this date carries no particular signifi- crisis is a terrorist attack or a natural what funding public safety requires, it cance. It does, however, reflect exactly disaster, it puts lives in unnecessary will leave billions over that amount 6 months before September 11. That peril. for, for example, deficit reduction. I am date we do remember and will not for- I believe it is time to do something talking a whole lot of deficit reduction. get. It is 6 months from the anniver- about it. In the Commerce Committee, Billions and billions. So it is a win-win- sary of the worst terrorist attack ever we happen to take that approach. That win. and a day that we as a nation can never is why I introduced S. 28, the Public I close. Let me say we have a once-in- forget. It is 6 months from the date we Safety Spectrum and Wireless Innova- a-generation opportunity to provide will honor the memory of those whose tion Act. This legislation does two our public safety officials with the lives came to an end and the way we things. First, it sets aside the 10 mega- spectrum they need to communicate came together, at least for a short pe- hertz of spectrum known as the D- when tragedy strikes. We have chosen riod of time, as a nation. block. I don’t know why it is called the not to do that. Now there is this sort of With that historic date approaching, D-Block, but it is the D-Block. Its 10 malicious pressure of the 9/11 Commis- I think it important that we honor the megahertz adds on to the 10 megahertz sion’s directive to us to do our duty as tremendous bravery of all public safety they already had, making 20, which a country to the people who keep us officials. I believe this is one of the means they could do the whole thing, safe. most important issues facing the coun- completely connect with each other, More than that, we do need to keep try, and it is one we can do something every sheriff, police person, law en- this country safe, and it is not always about very quickly and reduce the forcement, Federal, State, county, mu- going to be safe. We do not know when budget deficit by doing so. nicipal. They would all be on one sys- the next attack will come. So we have Our police, our firefighters, our emer- tem and talk to each other from a com- the incentive auctions, which are vol- gency medical technicians, and the mon communications base and a com- untary, but they will work. They can countless others who fought that day mon database. It is an interoperable be sold for lots of money, and we will to keep us safe and who work every day wireless broadband network that we have, therefore, lots of money over and to protect us from harm—we have es- have to have, and it is that which we above what it costs to build this inter- sentially forgotten about them. do not have. We do not have it because operable wireless broadband system The 9/11 Commission specifically said we have not made the effort. across the entire country, connecting that you have to have a system that Secondly, it gives the Federal Com- every law enforcement official to every connected all law enforcement across munications Commission the authority other one. this Nation in an interoperable wire- to do something very interesting: to To my colleagues I say, let’s seize less system. Obviously, therefore, that hold incentive auctions based on the this moment. This is not Republican, is a way of saying that the best and voluntary return of spectrum which is this is not Democrat, it is simply the simplest way to honor them is to give not necessarily being used by a whole right thing to do. I ask people to think them the tools they need to be success- variety of people who just want to hold back to those images of 9/11, of that ful, to be safe, and to do their job in a on to it. It is better to hold on to some- day, not just the 9/11 Commission re- way that does not expose them to need- thing than to give it, but we give them port that emanated from that, why we less dangers. Right now, we are not an incentive on a voluntary basis—cru- could not stop that, but to think of the doing that. cial word in this legislation—on a vol- images of that day, of what those peo- Much as in the first gulf war, when untary basis to return that spectrum. ple absorbed in their lungs, the natural the Army and the Navy and the Ma- In turn, these auctions will provide the instinct for firefighters to come from rines and the Air Force could not com- funding to support the construction all over the country, policemen to municate with each other because they and maintenance of the public safety come from all over the country, ambu- were all on different systems of com- network which they need and which I lance people to come from all over the munications—and we all kind of have been speaking about, and they country, to New York City, a city laughed at that as being kind of pa- free up additional spectrum for innova- which they do not start out loving gen- thetic. They have solved that, sort of, tive commercial uses. erally out there in the hinterlands. But but we have not solved this one at all, In short, this bill marries resources they knew this was a crisis, they re- involving every single American and for the first responders with good com- acted, they saved lives, they imperiled every single firefighter, policeman, and mercial spectrum policy. It can keep us their own, and many of them lost their law enforcement officer, deputies, sher- safe and help our economy grow. That lives. iffs, all across America. When it comes is why the legislation has the support Let’s do something historic, and let’s to public safety communications, these of absolutely every major public safety do it together, and let’s do it here in everyday heroes do not have the net- organization across this country, obvi- this Congress. And, certainly, let us works that they could so easily have ously including those of my State. get this all done before the 10th anni- and that they so desperately need be- That is why this bill also has strong versary of September 11. cause we have not acted. It is the 10- support from all Governors and all I yield the floor. year anniversary coming up 6 months mayors across this country. They have The PRESIDING OFFICER. The Sen- from now—we have not acted. to deal with this. We do not; they do. ator from Illinois. Too often, first responders lack that That is why we now have the support of f interoperable network that is essential the administration. to providing an effective response in I urge my colleagues to support the FISCAL RESPONSIBILITY emergencies, all kinds of emergencies— Public Safety Spectrum and Wireless Mr. KIRK. Mr. President, We are bor- a lot of them very desperate, not all of Innovation Act. To those who say we rowing over $5 billion per day. them catastrophic, but there is always cannot afford to do this now, obviously That’s $35 billion borrowed per week that potential. They don’t have the I would say we cannot afford not to. to run our government, totaling over ability to communicate with one an- The role of intelligence reveals all $1.5 trillion in borrowed money just to other. They don’t have the ability to kinds of things going on not only out- run for a year. communicate with other agencies. side the country but inside the coun- Harvard’s great economic historian, They don’t have the ability to commu- try, implying there is a target, or Niall Ferguson, noted that the decline nicate with other cities and States many of them, within this country. of a country can be marked when it across State lines. They cannot do But if this is not compelling enough, pays its moneylenders more than its that. It is kind of pathetic in the age of I think it is important for people to army. His classic case comes from the the Internet. We have chosen to do know this. This legislation pays for French monarchy of the 1780s who nothing. Instructed by the 9/11 Com- itself, plus does not cost a dime. Ac- failed to make interest payments on

VerDate Mar 15 2010 00:32 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S10MR1.REC S10MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE March 10, 2011 CONGRESSIONAL RECORD — SENATE S1529 their debt, causing the financial col- and 1950s. The return to more fiscally For example, we must come together lapse that triggered the Revolution. responsible government sparked an in a bipartisan way. We must act. We Recently, Carmen Reinhard and Ken- economic boom that built the super must solve this real and pressing prob- neth Rogoff wrote a brilliant book power called the United States of lem before it is an immediate crisis. called ‘‘This Time is Different, Eight America. We should clearly do that well before Centuries of Financial Folly.’’ Their The lesson of history is clear. Each any need for an increase in the debt vast study revealed that most govern- generation of Americans faces conflict, limit arises, well before this Congress ment officials believe they are always war and debt. Each generation is test- reaches a crisis atmosphere over the unique and different, causing them to ed. The looming debt crisis facing this need for an increase in the debt limit. make the same mistakes that crippled government is our generation’s test. For all of these reasons, I have joined past nations and empires. While some government officials and with many of my colleagues. I sent the Using Ferguson’s tipping point, bankers may still counsel ineffective majority leader a letter today. First, where are we today? action saying ‘‘we owe this money to let me thank my colleagues who joined This year, the total cost of maintain- ourselves’’ or ‘‘because the dollar is the me on the letter: Senators SESSIONS, ing our army will equal $137 billion. reserve currency, we can owe this RUBIO, DEMINT, PAUL, LEE, TOOMEY, This same year, we will pay $225 billion amount,’’ we know that the crisis we and ENSIGN. The letter is very simple in interest to our money lenders for face is not that different from the ones and straightforward. It says this is the the use of $14 trillion borrowed from that crippled other nations. With greatest challenge we face. It says be- China, Japan and elsewhere. The star- spending cuts and discipline we can cause of that, we need to face it. We tling conclusion is that we have al- master this danger, as our grand- need to debate and talk about it and ready passed Ferguson’s tipping point parents did. The need to do the hard act. We need to start doing that now, by paying America’s money lenders things, like entitlement reform, is well before any significant deadline more than our own Army. similar to the dramatic moves our like when the debt limit may have to It gets worse. grandparents made to secure our fu- be increased. In just 6 years, the administration ture. The letter says: Mr. Leader, we are says that we will have to pay over $661 But there is one difference between going to oppose moving to any other billion to our money lenders for inter- us and other nations. From the dawn of bill that doesn’t directly address this est on our rapidly expanding debt. With our revolution, the United States be- crisis when we need to act on this the expected cost of our Army at $195 came the greatest force for human lib- grave threat. billion, our Air Force at $201 billion erty and individual dignity ever Let me read relevant portions that and our Navy/Marines at $217 billion, known. The U.S. ended slavery, gave go right to the point: the total cost of $613 billion to provide women the right to vote and spread Dear Leader Reid: for our common defense will be smaller freedom across Europe, Latin America Yesterday, the Senate voted on two pro- than the $661 billion due to the money and Asia. We are now challenged by posals to fund the government for the rest of lenders. In simple economic terms, we 21st century world views in the Middle the fiscal year. This debate gave only a lim- will be forced to pay our lenders their ited (three hours) opportunity to debate East and China that do not hold the what many Americans believe is the issue of interest money first, before caring for western value of the individual as high our time—cutting government spending and our own safety, or risk seeing the value as we do. It is therefore doubly impor- dramatically reducing our national debt. Ad- of the dollars in our own wallets dis- tant to do the work needed to reduce ditionally, no member of the Senate was per- appear. spending and balance the books so that mitted to offer amendments under the struc- Remember, these numbers are opti- we restore the vitality of a free people tured process, which in our opinion prevents mistic. They assume no severe spike in and their cause of expanding liberty a full, open, and robust debate. interest costs and no other war. and individual dignity. With our national debt poised to reach its $14.3 trillion limit in the very near future, Recently, the Senate agonized over a Next time you talk to a member of short-term, 2-week spending bill that taxpayers expect Congress to work together the Greatest Generation, do not just to reduce wasteful and unnecessary spending made a $4 billion cut to spending. We say thank you. Ask them for advice on and be more vigilant about how we spend should see that bill’s cuts as modest how to trim budgets and restore public funds. The American people want Con- knowing that we already pay $616 mil- growth in the face of extraordinary gress to deal with the tough issues of cutting lion daily in interest and over $4 billion debts, just as they did. spending, and almost every member of the per week. In sum, the cuts of the 2- I yield the floor and I suggest the ab- Senate has agreed that we must address our week bill saved just 1 week of interest sence of a quorum. fiscal situation immediately. While there are certainly many issues that payments. The PRESIDING OFFICER. The As dire as this situation is, there is a warrant the Senate’s consideration, we feel clerk will call the roll. that the Senate must not debate and con- bright side. Our country has seen this The assistant legislative clerk pro- sider bills at this time that do not affirma- movie before. Washington, Lincoln and ceeded to call the roll. tively cut spending, directly address struc- Roosevelt all accumulated economy- Mr. VITTER. Mr. President, I ask tural budget reforms, reduce government’s crushing debts as the fate of the United unanimous consent that the order for role in the economy so businesses can create States hung in the balance. Our best the quorum call be rescinded. jobs, or directly address this current finan- example of what to do next comes from The PRESIDING OFFICER. Without cial crisis. our own grandparents, rightly called objection, it is so ordered. The American people resoundingly rejected the way the Senate waited until Christmas the ‘‘Greatest Generation.’’ Mr. VITTER. Mr. President, I too Eve as a mechanism to force hurried debate Tom Brokaw coined the title for take the floor of the Senate to urge all on President Obama’s massive health care Americans of the 1930s and 1940s who of us, Democrats and Republicans legislation. Voting to proceed to another leg- defeated the Depression, Japanese and alike, to focus on the single biggest do- islative measure effectively runs away from Nazis simultaneously. I would add a mestic threat to our country, our sin- the central issues of spending and debt and fourth, largely unnoticed victory that gle greatest challenge in the eyes of repeats that flawed process. Brokaw missed. After three great vic- every Louisianan and every American I We, therefore, are notifying you of our in- tories for freedom, our grandparents know, and that is to stop this runaway tention to object to the consideration of any legislation that fails to directly address this spent the next 20 years paying the spending and debt. crisis in a meaningful way. Our objections debts incurred to win the contests of Americans all around the country, would be withheld if the Senate agrees to the Depression, Pacific and Europe. certainly Louisianans all around my dedicate significant floor time to debate this Their accumulated debts of 1946 totaled State, understand this is a grave threat issue well in advance of the federal govern- over 120 percent of our national in- to our economic future. It is not some ment reaching our statutorily mandated come. Economists report that between vague threat to generations two and debt limit. economic growth and some inflation, three away from us. This is an imme- It is signed ‘‘Sincerely’’ from both the Greatest Generation reduced the diate threat because the path of spend- myself and Senators SESSIONS, RUBIO, crippling World War II debts that se- ing and debt we are on is completely DEMINT, PAUL, LEE, TOOMEY, and EN- cured our victory during the late 1940s unsustainable. SIGN, to the majority leader.

VerDate Mar 15 2010 00:32 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S10MR1.REC S10MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S1530 CONGRESSIONAL RECORD — SENATE March 10, 2011 The statement is clear. This is a cri- Let’s talk about it now. Let’s debate it potential savings, and (5) ways to reduce sis. We need to act before we reach the now. Let’s exchange ideas in a positive governmental expenditures and indebtedness statutory debt limit. So what are we atmosphere now, well before we reach and improve personnel management. waiting for? Let’s act now. Let’s not any crisis atmosphere over the debt S. 391—Moran bill which rescinds all unob- ligated balances of the Obama stimulus bill. move to other cats and dogs bills that limit. S.J. Res. 3—Hatch’s balanced budget may be positive legislation but can cer- I respectfully urge the distinguished amendment. tainly wait. Let’s move to the people’s majority leader, Senator REID, to heed S.J. Res. 4—Shelby balanced budget business. Let’s move to the absolute our call to arms, to read our letter and amendment. top challenge we face domestically. react by creating an identified time on S.J. Res. 5—Lee balanced budget amend- Let’s come together and debate, vote the Senate floor, well before we reach ment. on, and hopefully begin to solve this the statutory debt limit, to debate and Mr. VITTER. I yield the floor. problem of unsustainable spending and pass solutions on this crucial topic. The PRESIDING OFFICER. The Sen- debt. I don’t believe there is debate that ator from Texas. To do that we also need leadership, this isn’t the greatest challenge we f ideas, suggestions. I believe we have face, that this isn’t the greatest eco- ENERGY provided that on this side of the aisle, nomic threat we face. Quite simply, and we would welcome ideas, sugges- what are we waiting for? We need time Mrs. HUTCHISON. Mr. President, I tions, and concrete proposals from all to bring forth these ideas and exchange rise to talk in morning business about Members. them and debate them and act. We the energy issue facing the country. Let me list the more than two dozen need time to do this well before the Anyone who has filled up the car or pieces of legislation that go directly to statutory debt limit is reached. We truck in the last month knows we have this issue: need to do the people’s business in a an energy crisis that is building and S. 14, by Senator ENSIGN, establishes reasonable way, in a sober atmosphere, needs to be addressed. Last week I a commission on congressional budg- not in an atmosphere of hysteria or filled up my pickup truck. It cost etary accountability and review of Fed- threats when the debt limit would be about $50. Across the Nation, parents eral agencies. reached in a matter of days. are driving in carpools. Farmers, small S. 81 is an Isakson bill to direct un- I urge all colleagues to join us in this business owners, and commuters are used appropriations for Senate official effort, to come to the floor with their experiencing sticker shock at the ris- personnel and office expenses to be de- ideas, their proposals. Let’s do the peo- ing cost to put gas in their vehicles. posited in the Treasury and actually ple’s business. Today oil is over $104 a barrel. That used to reduce the Federal debt. I ask unanimous consent that a par- means on average Americans are pay- S. 102 is a McCain bill which requires tial list of Republican solutions and ing $3.52 a gallon. It is going in the up- OMB to transmit to Congress a mes- proposals be printed in the RECORD. ward direction from there. We are sage with specified information re- There being no objection, the mate- clearly in an economic downturn. We questing any recession the President rial was ordered to be printed in the have high unemployment. Now is not proposes under the procedures insti- RECORD, as follows: the time to sit back and do nothing as tuted under that act. S. 14—an Ensign bill to establish the Com- the price of gasoline goes up at the S. 162 is a Paul bill to cut $500 billion mission on Congressional Budgetary Ac- pump. in Federal spending from fiscal year countability and Review of Federal Agen- In response, the White House is be- 2011. cies. Directs the President to designate two ginning to talk about tapping the Stra- S. 163, by Senator TOOMEY, is the Full Commission co-chairpersons. tegic Petroleum Reserve. We know Faith and Credit Act to prioritize prin- S. 81—an Isakson bill to direct unused ap- that will not work. The Strategic Pe- propriations for Senate Official Personnel troleum Reserve is available for nat- ciple and interest payments when and and Office Expense Accounts to be deposited if the debt limit is reached. in the Treasury and used for deficit reduc- ural disasters and global disasters. But S. 178, by Senator DEMINT, reduces tion or to reduce the Federal debt. experience has shown that any gain Federal spending by $2.5 trillion S. 102—a McCain bill which requires OMB from releasing oil from the Strategic through fiscal year 2021. to transmit to Congress a message with spec- Petroleum Reserve is small and tem- S. 245 is a Corker bill, the CAP Act, ified information requesting any recission porary, and prices quickly go right to create a discretionary spending cap the President proposes under the procedures back up to their high and rising levels. for Congress. established in this Act. If we diminish our resources, our re- S. 162—a Paul bill to cut $500 billion in fed- serves in the Strategic Petroleum Re- S. 259 is my bill to prioritize Social eral spending from FY 2011. Security payments if and when the S. 163—Toomey’s Full Faith and Credit Act serve, we are even more vulnerable to debt limit is reached. to prioritize principle and interest payments those who would do mischief to the S. 360, by Senator INHOFE, creates a when the debt limit is reached. country because they would know we point of order to exceed nonsecurity S. 178—DeMint bill to reduce federal spend- have a diminished supply, or to the discretionary limits and to create ing by $2.5 trillion through 2021. natural disasters for which we are sup- spending limits for fiscal years 2017 to S. 245—Corker’s CAP act to create a discre- posed to be prepared. tionary spending cap on Congress. Our problem is, we are the only Na- 2021. S. 259—Vitter bill to prioritize Social Secu- S. 389, by Senator KIRK—and Senator rity payments when the debt limit is tion on Earth that has vast natural re- HATCH has a similar bill—establishes a reached. sources which we will not use. Amer- commission to review cost control. S. 360—Inhofe bill to create a point of order ican energy is out there. It is under our S. 391, by Senator MORAN, rescinds to exceed non-security discretionary limits; land. It is under our waters. It is ready all unobligated balances of President also creates spending limits for FY 2017–2021. to be tapped, and it can be tapped envi- Obama’s stimulus bill. S. 389—Kirk and Hatch bill to establish a ronmentally safely. We could bring the commission which will conduct a review of S.J. Res. 3, by Senator HATCH, is a prices down on our own accord. We cost control in the federal government every know there is upheaval in the Middle balanced budget amendment. two years with respect to improving manage- S.J. Res. 4, by Senator SHELBY, is on ment and reducing costs. Directs the Com- East right now that could affect fur- the same topic. mission to conduct in-depth studies to evalu- ther the gasoline prices because of po- And S.J. Res. 5, by Senator LEE, is on ate potential improvements in the oper- tential shortages. We are too depend- the same topic. ations of executive agencies and to develop ent on foreign sources for our energy This is a long list, but it is certainly recommendations regarding: (1) opportuni- needs. It is a little more than 50 per- not exhaustive. I have read a partial ties for increased efficiency and reduced cent. That is not strategically sound, list to make the point. We are coming costs that can be realized by executive ac- and it is most certainly not in our na- up with ideas, proposals, and solutions. tion or legislation, (2) areas where manage- tional security interest to leave us at rial accountability can be enhanced and ad- We encourage every Senator of both ministrative control can be improved, (3) op- that level. parties to come up with ideas, pro- portunities for managerial improvements The Gulf of Mexico is one of the big- posals, and solutions. Let’s actually over the short and long terms, (4) specific gest resources we have. The Gulf of talk about the greatest threat we face. areas where further study can be justified by Mexico accounts for nearly 30 percent

VerDate Mar 15 2010 00:32 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S10MR1.REC S10MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE March 10, 2011 CONGRESSIONAL RECORD — SENATE S1531 of total U.S. oil production and 13 per- the moratorium. This will increase do- mates from the experts that gasoline cent of natural gas production. By fail- mestic energy production and protect could be $4 a gallon. What is that going ing to take full advantage of that re- some American jobs—those that have to do to the family who wants to take source, we are putting our energy secu- not already left. Despite being unable a vacation at a reasonable price? What rity on the line. to explore for energy resources, the is that going to do to the workers who Mr. President, 400,000 jobs across the leaseholders are continuing to pay the have to get to work and who are al- gulf coast are tied to the offshore en- expenses, as time ticks away on their ready strapped, and, for Heaven’s sake, ergy industry. Nearly a year after lease. the poor people who are unemployed issuing its moratorium and months The LEASE Act will prevent leases who are trying to go and interview for since the moratorium was lifted, the from running out, and it gives the les- jobs with gas at $4 a gallon? Department of the Interior last week sees the certainty they deserve that We cannot sit here and let this hap- approved its first, its one and only, they will have the full amount of the pen. It is time we get together with the deepwater permit—one in a year. It’s lease for which they have paid bonus President of the United States and one and one only. There are thousands payments to secure. have proactive energy ideas, programs, of idled leases, people sitting in the In 2009, the industry accounted for and solutions that are going to keep Gulf of Mexico idle that should be able $70 billion in economic value and pro- jobs in America, that will allow us to to be at least exploring to determine if vided $20 billion in revenue to Federal, use our natural resources to begin to it is worth drilling. Yet the gulf is fac- State, and local governments through set the stage if we have upheaval in the ing a permitorium. royalties, bonuses, and tax collections. Middle East that causes the supply to My constituents know the pain of I hope our bill will be noncontrover- go down at a great rate. We need to this ‘‘permitorium.’’ One unfortunate sial. It would seem to me that anyone have our supply go up to meet the test case is the Houston-based Seahawk would agree that if you paid for a 10- we should have of lowering energy Drilling Company. Seahawk Drilling year lease, and you have the expenses prices for our people with our own nat- used to be the second largest shallow of exploring to see if that lease has po- ural resources. It is not to put the SPR water drilling contractor in the United tential, before you drill to see if the out and put us in an even more vulner- States. It provided high-paying jobs to lease has potential, you would have the able position. No. It is to use our re- men and women in Texas and across full 10 years, and not 9 years because sources, with Americans to take the the Gulf of Mexico. I say ‘‘used to’’ be- you have not been able to use the year jobs, and increase our supply so the cause in February bureaucratic delays we have had the moratorium and the price of gasoline at the pump goes in shallow water permitting forced lack of permitting. down for the American people, and so Seahawk Drilling to declare bank- There has been another suggestion by we can have the jobs we should have in ruptcy. They could not continue to the administration that perhaps we America stay in America. have the costs associated with their should be proposing energy taxes—up Mr. President, I yield the floor. employment levels, and with their to $90 billion over the next 10 years. The PRESIDING OFFICER. The Sen- company being there without the op- The President suggested that in his ator from Maryland. portunity to drill and produce and keep State of the Union message. Much of f their employee base. They declared the taxes that would go on the oil and bankruptcy. It destroyed 1,000 high- gas industry for expenses—that any in- HARRIET TUBMAN paying Texas jobs. dustry, any business can write off, but Mr. CARDIN. Mr. President, 12 years I received a letter describing the pain would single out the oil and gas indus- ago this very day, the Senate passed a and distress the company felt when it try not to be able to expense their ex- joint resolution that honored Harriet had to inform the dedicated Seahawk ploration and drilling costs—what Tubman, with Harriet Tubman Day, on employees they no longer had a job. would happen? If the prices go up, of March 10. That resolution was spon- According to the letter, on the day course, who is going to pay those high sored by Senator CARPER and then-Sen- Seahawk was forced to sell its assets prices? The families and businesses ator BIDEN. In the House of Representa- and lay off workers, the chief operating that are having to fill their cars with tives, I served and I cosponsored a officer had to ‘‘fight back the emotions gasoline. similar resolution. of the day. He took a deep breath and In fact, the administration, through Harriet Tubman was a remarkable he left the conference room for a room the EPA, is trying to bring more ex- woman. She was born in Dorchester full of Seahawk employees to tell them penses to the refining industry by pur- County, MD, in 1822. She was a slave that their company was bankrupt.’’ These are real people with real fami- porting to regulate greenhouse gas for greater than 25 years of her life. At lies who lost real jobs—American emissions. The administration is also age 25, she married John Tubman. She jobs—and it could have been prevented. adding to the refiners by saying they escaped slavery in 1849. She returned to Since the moratorium was enacted, should not get the manufacturing tax the eastern shore of Maryland, not at least 13 rigs—deepwater and shallow credit. once but 19 times that we know of water—have departed the Gulf of Mex- We have been trying to encourage within a 10-year period, in order to res- ico, taking with them good American manufacturing in America because we cue slaves and to set them free. jobs, and, furthermore, putting us in want manufacturing jobs in America, She rescued slaves in Dorchester the position of having to import now and so many of those have gone over- County and Caroline County in Mary- from the foreign countries where these seas. But the administration proposes land and throughout the entire North- rigs have gone, not only taking away to tax refiners who are manufacturing east. She was known as the modern day American jobs but forcing us to be even the gasoline from the oil and add more ‘‘Moses’’ for the Underground Railroad. more dependent on foreign imports for expense to the product, which is gaso- In the Civil War, she joined Union our energy needs. line, and, oh, by the way, take away forces as a spy, as a scout, and as a Offshore energy production is ex- the capability for these refiners to nurse, operating in Virginia, Florida, pected to decrease by 13 percent in 2011, have the same treatment as any other and South Carolina. due to the slow pace of permitting. manufacturer in our country. After the Civil War was over, she set- This is unacceptable, and we must do Raising taxes on our domestic oil and tled in Auburn, NY, and was very ac- something that is productive. energy industry is wrong, particularly tively involved in the women’s suffrage Yesterday, Senator LANDRIEU and I at this time. We need to assure that we movement, and she established one of introduced the LEASE Act, the Lease are not going to drive our energy jobs the first African-American homes for Extension and Secure Energy Act of overseas. Yet what the administration the aged. 2011. All our bill does is extend the off- is doing is counterintuitive if we all She died in 1913. shore leases that are impacted by the agree we want to keep the jobs in Harriet Tubman embodies the Amer- moratorium and the lack of permitting America. ican spirit. She was a strong-willed for 1 year. So here we are with gas at $3.52 a gal- person who fought for the rights and The LEASE Act returns to lessees lon, and the summer driving season is freedom of those who were oppressed in the lease time taken from them during upon us. We are looking now at esti- the barbaric institution of slavery.

VerDate Mar 15 2010 00:32 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S10MR1.REC S10MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S1532 CONGRESSIONAL RECORD — SENATE March 10, 2011 Her personal freedom was not enough helped write that establishes the Insti- shown that unemployment is cor- for her because she recognized there tute for Minority Health and Health related with increased incidence, and was injustice in this country, and she Disparities at NIH. The purpose for in- that people with incomes below the wanted to be involved. As the joint res- cluding this information about asthma Federal poverty level are 30 percent olution that passed the Senate 12 years in the RECORD is to point out that we more likely to develop asthma as those ago said: still have challenges that need to be who are above the Federal poverty . . . Harriet Tubman—whose courageous met. I look forward to working with level. and dedicated pursuit of the promise of my colleagues on that issue. One reason is that income level is American ideals and common principles of Asthma is a chronic inflammatory correlated with quality of housing, and humanity continues to serve and inspire all disease of the body’s airways that im- substandard housing is strongly associ- people who cherish freedom. . . . pairs breathing and affects more than ated with poor asthma outcomes. Sub- A major part of learning and under- 20 million Americans. People with this standard housing exposes residents to standing the significance of history is condition have overly reactive airways environmental triggers for asthma being able to experience the places that constrict in response to allergens, such as dust mites, roaches, mold, and where that history occurred. temperature changes, physical exer- rodents. From Fort McHenry in Baltimore, cise, and stress. During asthma at- A study in the journal Pediatrics MD, to the Lincoln Memorial here in tacks, the airways spasm and prevent showed that eliminating these indoor the Nation’s capital, we have preserved oxygen from getting to the lungs. This pollutants could prevent 39 percent of our history for future generations. Mil- leads to chest tightness, shortage of asthma cases in children. Other studies lions of visitors and schoolchildren breath, wheezing and mucus produc- have shown that substandard housing visit these iconic places in American tion. Severe attacks can require accounts for up to a 50-percent increase history. intubation and even result in death. Of in asthma cases. The Harriet Tubman National Histor- In addition to indoor triggers, out- ical Park and the Harriet Tubman Un- the 20 million Americans affected by door pollutants are also contributing derground Railroad National Historical asthma, about 7 million are children. factors. Researchers have shown that Park is legislation I have filed so we In fact, about 10 percent of all Amer- among people living within 50 yards of can preserve the history of Harriet ican children have asthma. Genetics play a significant role in major car traffic, people living near a Tubman with these historic places for road traveled by 30,000 vehicles per day future generations. the development of asthma in children I am joined in this effort by Senator and adults, but asthma is also influ- are three times more likely to develop asthma that those who live near a road MIKULSKI, Senator SCHUMER, and Sen- enced by environmental factors and ra- traveled by 10,000 vehicles per day. To ator GILLIBRAND. The natural land- cial, ethnic, and socioeconomic factors. scape on the eastern shore that existed Asthma is consistently found to be put these figures into perspective, the during Harriet Tubman’s day exists more prevalent among certain minor- average segment of I–495, our Capital today. Her homestead, where her father ity groups, particularly among Blacks, Beltway, carries about 200,000 cars per was born, Ben Ross, exists today. Stew- Native Americans, and Puerto Ricans. day. art’s Canal, where her father worked, To be more precise, research indicates The built environment comprising exists today. The Brodess Farm, where that asthma is 30 percent more preva- roads, factories, and other human- Harriet Tubman worked as a slave, ex- lent in Blacks than in Whites; Amer- made surroundings is a substantial risk ists today. Right adjacent to it, and in- ican Indians and Alaska Natives are 20 factor for asthma. Many people are cluding part of that property, is the percent more likely to have asthma stuck in unhealthy living conditions Blackwater National Wildlife Refuge. than Whites; Asian/Pacific Islander because they can’t afford to move else- So we have the landscape in which the children are three times more likely to where, particularly in the case of pub- Underground Railroad was operating to have asthma than White children; and lic housing projects, which are often free slaves in the 19th century. It exists Puerto Rican Americans have twice situated in the most polluted locations. today on the eastern shore of Mary- the asthma rate as the Latino Amer- Initiatives such as the Healthy Homes land. ican population overall. Program run by the U.S. Department In Auburn, NY, the home in which In addition to occurring more often, of Housing and Urban Development are Harriet Tubman lived still exists, the asthma is also more severe in minority encouraging, but greater effort must be home for the aged that she started still populations, and this leads to higher devoted to raising the quality of the remains. The Thompson Memorial mortality rates for Black Americans. home environment for people living in AME Zion Episcopal Church is still Asthma accounts for more than 4,000 poverty. there, and the Fort Hill Cemetery, deaths in the United States each year. Whether due to one or more of these where she is buried. They are all in- Blacks are 2.5 times more likely to die factors, the impact of disparities in tact, and all are available for preserva- from asthma-related causes than asthma is profound because asthma is tion. Whites. Among children, this ratio is such a crippling condition. Untreated The legislation we have filed will pre- even more staggering—Black children or inappropriately treated, asthma serve these places in American history are 7 times more likely to die from makes it difficult to concentrate at under our National Park System for fu- asthma-related causes than White chil- school and work, limits physical activ- ture generations. I urge my colleagues dren. Interestingly, although Latino ity, and often results in absenteeism. It to support this legislation, to honor a Americans and American Indian/Alas- also reaches beyond the patient to fam- great American, and to preserve our kan Natives are more likely than ily members, as parents are often re- heritage for future generations. Whites to have asthma, they have a 50 quired to miss work to care for sick children. The Nation’s 20 million asth- f percent lower mortality rate. As I noted earlier, the gap in asthma ma patients account for more than 100 ASTHMA AND THE IMPACT OF outcomes is also influenced by several million days each year in lost produc- HEALTH DISPARITIES socioeconomic factors. Health dispari- tivity due to absence from school and Mr. CARDIN. Mr. President, I rise to ties can be attributed to differences in work, according to the American Acad- speak about asthma and the impact of education level, independent of race or emy of Allergy, Asthma, and Immu- health disparities. I have pointed out ethnicity. Research shows that chil- nology. Yearly, asthma patients ac- on the floor before that race and ethnic dren whose mothers have not com- count for more than 11 million office health disparities exist in America. I pleted high school are twice as likely visits and 500,000 hospitalizations. That have talked on the floor before about to develop asthma as children whose is an annual cost of more than $6 bil- sickle cell disease. Well, the same mothers have a high school diploma, lion in direct and indirect medical ex- thing is true with the chronic inflam- and this difference remains significant penditures. Much of this expense could matory diseases of the body’s airways even when controlling for race and eth- be avoided with proper asthma man- that impede breathing, such as asthma. nicity. agement. As I pointed out before, the Afford- Economic status also influences the Patients who are diagnosed at an able Care Act includes a provision I incidence of asthma. Studies have early age and whose conditions are well

VerDate Mar 15 2010 00:32 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S10MR1.REC S10MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE March 10, 2011 CONGRESSIONAL RECORD — SENATE S1533 managed by a primary care physician specialists, social workers, and case In Florida, another tea party Gov- and an asthma specialist can avoid managers who help them secure ernor has killed the critical high-speed many of the complications associated healthy housing, and seek help from rail project by rejecting Federal grants with the condition. The ability to se- other programs for which they may be of $2.4 billion to move it along. He cure medications, such as an albuterol eligible. threw it away, threw it back—$2.4 bil- inhaler to alleviate attacks and With the passage of the Affordable lion. Here in Congress, tea party activ- steroids to suppress inflammation, can Care Act, we have additional tools to ists have seized control of the Repub- allow patients to play sports and live address the problem of health dispari- lican side of the aisle. But it is far from normal lives. ties at a national level. I helped write a tea party for lots of jobless people But patients who lack access to spe- into that law the new Institute for Mi- and those qualified to study in college cialists or can’t afford needed medi- nority Health and Health Disparities at but unable to pay the freight. Now that cines will frequently miss school, must NIH as well as the Offices of Minority they are in power, we see them brewing forgo physical activity, and are often Health at CMS and the Agency for a toxic tea—a dangerous concoction hospitalized. So the effect of access to Healthcare Research and Quality. that will create pain for our children affordable, comprehensive care is ap- These offices are charged with evalu- and ultimately bring shame to our parent. ating, coordinating, and advocating for country. Even so, coverage is not enough. efforts to eliminate disparities, and We know cutting critical programs Asthma disparities have multiple they can do much to close the gaps now brings sky-high prices later—in interrelated causes, as I have outlined. with respect to asthma. more illnesses and a less educated soci- We often view health disparities The new Institute will be instru- ety. So we look at the future, we say through the narrow lenses of genetic mental in overseeing the coordination we have to invest in our children, our differences and differences in medical of asthma research at the National environment, and medical research. care. But upstream determinants such Heart, Lung, and Blood Institute and But every time they hear something we as social inequalities and neighborhood ensuring that the focus of biomedical need, they say no. They insist on say- conditions can have a significant im- research sufficiently addresses health ing no to 200,000 little kids who now go pact on health outcomes as well. disparities. We must encourage partici- to Head Start Programs that help them Even though we know this, national pation in clinical trials, particularly in the earliest stages of life, when policies have not effectively addressed for underrepresented populations, so learning is fun and curiosity abounds. the problem of health disparities per- that we can speed the discovery of the Look here. We see a young child’s face taining to asthma. National asthma most effective treatments. Provisions through the window. They are holding guidelines that are supported by the to encourage physicians to practice in back 218,000 Head Start kids from National Institutes of Health rec- underserved areas can improve access learning to learn. They ought to visit ommend preventive services and asth- to care. The Office at AHRQ can help these schoolrooms and be upfront with ma care by a specialist. These guide- translate these findings into practice, these children and their parents and lines have been found to save money and the Office at CMS can be instru- say, Sorry, America can’t help you. and improve quality of life. But data mental in ensuring that eligible CHIP That is not all. Look at what they still show that patients covered by and Medicaid beneficiaries are enrolled want to do to higher education. We say Medicaid are offered less preventive in these programs and that they can we must invest in Pell grants which care and fewer referrals to asthma spe- receive the best possible care. With the make the dream of college a reality for cialists compared to patients in the Affordable Care Act, we have the mo- millions of disadvantaged Americans. private insurance market. This mat- mentum and the tools needed to make They say, Sorry, your country can’t ters when it comes to outcomes be- a difference in asthma health dispari- help you. They say no to future em- cause specialists are more likely to ties. ployers. Too bad we don’t have enough prescribe controller medications than I look forward to returning to the qualified workers, so maybe the em- primary care providers, regardless of floor soon to explore the issue of health ployers then can appropriately say, Oh, the patient’s racial or ethnic back- disparities further by focusing on an- well, ship the jobs overseas. That is the ground. Decreased access to specialists other condition that disproportion- alternative. Is that what we want has been associated with higher rates ately affects minorities. America to do? They say no, even of hospitalization, emergency room Mr. President, I suggest the absence though the unemployment rate is twice use, and mortality. The bottom line is of a quorum. as large for those who lack a bachelor’s that Medicaid patients have been re- The PRESIDING OFFICER. The degree as for college graduates. ceiving lower quality treatment for clerk will call the roll. They are unable to look at a simple asthma, despite the guidelines put The assistant legislative clerk pro- chart such as this one: There we can forth by NIH and the American College ceeded to call the roll. see the way the arrow is pointed, with of Allergy, Asthma, and Immunology. Mr. LAUTENBERG. Mr. President, I the year 2000 over here and the year I am encouraged that there are sig- ask unanimous consent that the order 2009 over here, and we see rising tui- nificant efforts taking place to close for the quorum call be rescinded. tions. That is what is happening. the gaps at the local level. In Mary- The PRESIDING OFFICER. Without Therefore, it tells us how difficult it is land, the University of Maryland Med- objection, it is so ordered. for those who don’t have the money, ical Center has developed an innova- f the family support financially, and tive approach to bringing specialized won’t able to take advantage of the TOXIC TEA care to children who otherwise would Pell grants, because they want to slash not have access to it. Their Breath- Mr. LAUTENBERG. Mr. President, them. They want to get them off the Mobile program, led by Dr. Mary Beth everyone is aware of how deeply con- record as much as they can. Bollinger, is an asthma clinic on cerned the American people are about The chart shows between a $10,000 wheels. It is staffed by a pediatric al- staying in their homes, about having and $15,000 tuition rate in 2001. In 2008 lergist, a pediatric nurse practitioner, adequate health care, and about pro- and 2009, we are somewhere close to a registered nurse, and a driver who viding education and a better path for $20,000 a year. Do we want to force mid- regularly travels to over two dozen the lives of their children. But every- dle-class citizens to take on more debt schools in Baltimore City. The one also knows there is a group calling in order to attend college or slam shut BreathMobile has provided ongoing themselves the tea party, and they are the campus doors on them altogether? care to more than 800 students. busy trying to eliminate those oppor- I know the value of government in- At Johns Hopkins University, the tunities. vestment in college education first- Harriet Lane Clinic provides a com- In Wisconsin, a tea party Governor is hand. I came from a poor working-class prehensive medical home for asthma trying to take away workers’ collective family. I was a teenager when I en- patients. Over 90 percent of Harriet bargaining rights to be represented. It listed in the Army. My father was on Lane’s caseload are Medicaid patients, is like going into a courtroom without his deathbed. He died and left a 37- and they are provided with pulmonary a lawyer. year-old widow, myself, and my 12-

VerDate Mar 15 2010 00:32 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S10MR1.REC S10MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S1534 CONGRESSIONAL RECORD — SENATE March 10, 2011 year-old sister. Thanks to the GI bill, I their budget. If you want to see brav- Mr. President, you know very well attended college at Columbia and later ery, look into the eyes of a child strug- that what we are looking at is very cofounded a company with two other gling with leukemia, and look in the constricted budgets. One doesn’t have fellows—a company that was started parents’ eyes, and you will see tears, to be an economist or a business execu- with nothing. We had zero in funding. often no hope. tive to know that when there is a fi- We put together a few hundred bucks. Look at what the Republicans want nancial statement, it comes in two Now that company employs 45,000 em- to do to our environment. We say we parts. One part is the expenses you ployees in 23 countries, based in New must invest in the Clean Air Act, a law need with which to operate. The other Jersey. Jobs in this country. We built that spares millions of children from is the revenues that permit the compa- the ‘‘greatest generation’’ out of those suffering from asthma, and the Repub- nies and the organizations to function. educational opportunities we had in licans say, No can do. They say you What we are looking at is revenues. I the military, and we were moving can’t restrict polluters with regula- know the Chair shares that position America to the top of the economic tions. It is too cumbersome. And if you with me. We have discussed it. ladder. don’t like regulations, for instance, Why should people who have the Government investment in my edu- take a look at this bothersome thing means, who have the good fortune to cation made all the difference in my we have in America called red lights. make lots and lots of money—we saw life, and now the 45,000 people who They are cumbersome. They stop traf- something this afternoon on a chart work for ADP. Now Republicans want fic. These people don’t want regula- that had janitors in New York City at to take away opportunities such as tions, so we ought to get rid of the red some locations paying a higher tax that from young people. These are peo- lights and let the traffic move, but rate on their earnings than those who ple who go into a business, have an watch yourself when you get to the earn a million dollars or more. That is education, learn something about how intersection. not fair. So if we want to do the right to operate a business, but also learn Maybe they want to get rid of the air thing, we have to introduce revenues how we ought to be creating job oppor- traffic control system. Pilots have to into the budget. We have to restore the tunities and economic development for wait for some government bureaucrat cuts they want to make on the other all in our country. to tell them where and when they can side. We want to restore children’s That is not all the House Republicans fly? What a nerve that is to interfere health. We want to make sure the NIH have in store for our country. We have with these regulations and rules. is producing as much as it can, and we to protect women’s health, but they The Republicans also want to let want to turn America back to a lot won’t listen. They want to wipe out mercury back into our air. Mercury is more smiles than we have seen. funding for title X. Title X offers brain poisoning for children. They also With that, I yield the floor. women access to critical health serv- want to stop us from restricting soot The PRESIDING OFFICER (Mr. ices, including cervical cancer tests, pollution. Look at the picture. Soot is SANDERS). The Senator from Kansas is breast cancer screenings, encourage- ugly when it is pouring from a smoke- recognized. ment to think about family planning stack, but it is even uglier inside a Mr. ROBERTS. It is my under- and how they are going to get by. But child’s lungs. This is a picture we see standing that at 2:15 morning business these people on the other side don’t in many places in our country. expires. I ask unanimous consent to want to hear it. They don’t care. They Several years ago I wrote a law proceed as in morning business for 15 don’t care that title X offers women ac- called the Right to Know. It says to minutes. cess to take care of their health at all people who live in areas where there The PRESIDING OFFICER. Without times. are chemicals present—either manufac- objection, it is so ordered. Millions of poor women benefit from turing, chemicals being stored or title X. So killing it will take care transported—so people could know if f away from those who need it most. they hear a particular alarm, they ASSAULT ON THE NATION’S Title X funding for women’s health: have to respond to it and report it to ECONOMY House GOP, tea partiers, lots of them, the fire department. We had an inci- Mr. ROBERTS. Mr. President, I rise eliminate $1 billion for women’s care. dent in Elizabeth, NJ, some years ago today to once again speak out against They cancel funding for 2 million when a group of firemen responded to a what I consider to be and many others breast cancer screenings. How cruel is chemical fire and, in some instances, consider to be a regulatory assault on that in this country of ours? If you their protective uniforms melted. That our Nation’s economy. I have pre- have money, you can take care of your- is the kind of situation we want to viously discussed my concerns with self. If you don’t, too bad. Well, that is avoid. We want people to know what is regulations having a negative impact not the way we want to do it. That is being stored, what is being released on our agriculture community. That not the way we want to do it on this into the air in case of a fire. was last week. Earlier this week, I side of the aisle. They are cutting off Finally, when we say we have to spoke about what I consider to be the resources for 2.2 million cervical can- clean the water our children drink, the egregious regulations that are being cer screenings. What a horror that is. Republican answer is, Oh, we can’t promulgated by the EPA, or what Sen- What did these women do to deserve handle that. It costs too much. So they ator GRASSLEY calls the ‘‘end of pro- higher health risks during their life- cut the funding that helps States pro- duction agriculture agency.’’ times? tect our drinking water from E. coli, But it gets worse. The Republicans arsenic, and other dangerous sub- Today, I rise to talk about health are also going after medical research. stances. The water is not safe for dish- care regulations that patients and pro- We say we must invest in finding cures washing, much less consumption. viders have brought to my attention. I and treatment for millions of children The House GOP keeps on brewing have listed a number of these regula- suffering from asthma, diabetes, au- their toxic tea for America. Ask any tions in a letter I sent earlier today to tism, and pediatric cancer, to name a parent if they want their kids to drink President Obama. I ask unanimous few of those health-damaging afflic- from that teapot. They don’t, and we consent that it be printed in the tions. To these children they say, You shouldn’t make them do it. We need to RECORD. know what. If you don’t feel good, gather together for things such as There being no objection, the mate- maybe you should go to an emergency birthday parties and school gradua- rial was ordered to be printed in the room with your parents. Stand in line. tions and lots of smiles instead of their RECORD, as follows: Too bad. We would like to help, but we toxic tea parties. U.S. SENATE, can’t do that. Let’s reject the House Republican tea Washington, DC, March 10, 2011. The National Institutes of Health is party approach to funding our govern- President BARACK OBAMA, The White House, making strides in fighting childhood ment. When they say, hey, join us for a Washington, DC. diseases, but the Republicans want to cup of toxic tea, we must say, no, we DEAR PRESIDENT OBAMA: I write you today reduce NIH’s ability to do their re- have had this long enough, and we are to express my sincere appreciation for the search by taking $1 billion out of the not going to stand for it anymore. Executive Order that you issued on January

VerDate Mar 15 2010 00:32 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S10MR1.REC S10MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE March 10, 2011 CONGRESSIONAL RECORD — SENATE S1535 18, committing all federal agencies to review sider that feedback prior to implementing sonable estimate of indirect impact and the regulations and remove any that place un- future regulatory priorities. I would also methodology used in determining those im- reasonable burdens on our nation’s business strongly encourage you to review any com- pacts be made available. They would prefer community and/or impact the ability of our ments you have received on these regula- that agencies be accountable for providing a economy to grow. I agree that in light of our tions for any concerns that indicate a poten- balanced statement of costs and benefits in current economic crisis, establishing a regu- tial to further our economic crisis. public regulatory proposals. Also, I have latory environment that promotes growth Without fail in my conversations with pa- heard that a number of patients and pro- and job creation should be the number one tients, providers, advocates, and stake- viders are being buried by the paperwork priority for this Congress and Administra- holders, which include my Kansas constitu- burden of complying with all of the regula- tion. To that end, I would like to offer some ents, I hear about their concerns with the tions. Specifically, I have heard about the suggested areas related to health care that burden of government ‘‘red tape’’ and the im- compliance burden of having to adjust to the patients and providers have communicated pact of regulations on their ability to main- sheer volumes of changes that the Adminis- are of the most concern to them, and would tain and grow their businesses. While this is tration issues every year and the impact on urge you and your Administration to con- not an exhaustive list, I will share the health providers to do their jobs and provide care sider these and their impact when imple- care regulations that I have been hearing for patients. menting your Executive Order. about the most and would ask you to review The regulations that I have been hearing While the majority of this communication them for their potential economic impact about their negative economic impacts and will focus on regulations already on the and modify or remove them to ensure the would suggest you review are: books, I would also like to take this oppor- least burden on our struggling businesses, in- The 2011 Medicare Physician Fee Schedule tunity to share with you what seems to be an dividuals, and economy. Final Rule, which requires that laboratory even greater concern within the patient, pro- It should come as no surprise the regula- requisition forms are signed by the ordering vider and stakeholder community. When dis- tions that I am hearing the most about are physician. This rule could have potentially cussing regulations in general and your Ex- related to the impact of PPACA. Although serious implications on patient care and ecutive Order more specifically with my con- the full impact of recently passed health business practice. Under this new policy, lab- stituents and those representing the patient care legislation is still uncertain, it is clear oratories will face a difficult decision when and provider community, the number one that additional employer costs will be sub- they receive a patient specimen with an un- concern that I hear is related to a fear of the stantial, as will the burden of what promises signed requisition. Laboratories will have to impact of future regulations. While there is to be extreme complexity in compliance. Al- decide not to provide their needed services still a large concern with the burden of regu- ready patients, providers and advocates have and therefore be unable to provide a physi- lations that have already been issued, I have cited a number of regulations related to cian the information necessary to make heard time and time again that there is an PPACA that would have profound impact on health care decisions—or—provide the serv- even greater concern with the uncertainty of jobs and our economy. Specifically: ices without a guarantee of payment and future regulations, especially those regula- The ‘‘Preexisting Condition Insurance then work to obtain signatures in order to tions for implementing the ‘‘Patient Protec- Plan’’ and the concern that it is not being submit claims to Medicare. As you can imag- tion and Affordable Care Act’’ (PPACA) and utilized efficiently to provide an option for ine, in the former situation, care may be sig- their potential to have a further and greater those unable to afford coverage; nificantly delayed; in the latter scenario the impact on jobs and the economy. While I reg- The ‘‘Patients Bill of Rights’’ and the con- laboratories who serve a high percentage of ularly hear concerns about the compounding cern that it has resulted in the loss of child- Medicare beneficiaries could spend a large costs related to implementing any and all of only insurance markets in over 20 states; amount of time contacting providers to these regulations, the specific areas that are ‘‘Grandfathered’’ health plan regulation gather the required signatures and could see mentioned the most include, but are not lim- and a concern that the regulation is drafted their payments delayed or face the possi- ited to: too narrowly to allow businesses to keep bility of being unable to receive payment. Individual Mandate and related penalties their current coverage and maintain current On November, 17, 2010, CMS issued a final Employer Mandate and related penalties costs of coverage and are too cumbersome rule, as directed by PPACA (P.L. 111–148). Defining Essential Health Benefits and re- and don’t allow plans to comply with ‘‘the The rule conditions payment for home lated coverage mandates early requirements over a period of time’’; health and hospice services based upon a Accountable Care Organizations ‘‘Medical Loss Ratio’’ and the concern that face-to-face encounter between patients and New taxes and fees including the ‘‘Cadillac the calculation of the standard will increase their physicians or certain non-physician Tax’’ and new excise taxes on industries cost of care for patients and the concern that practitioners prior to certification for home 1099 reporting it will directly result in lost employment health or hospice services. This is resulting Additionally, I hear often that patients and more specifically the omission of health in burdensome requirements for our rural and providers feel that they do nut have a care fraud work as part of ongoing quality home health and hospice patients. voice in the regulatory process and, more improvement activities; Physicians Assistants are an important specifically, that a number of regulations are ‘‘Rate Review’’ and the concern that this part of care for rural communities especially being issued through a shortened process. requirement will do nothing to control costs hospice and palliative care; however, they This shortened process allows limited or no and that there are a number of areas within are often not considered when drafting regu- input from those most affected by the regu- the rule that could cause significant and lations related to providers allowed to pro- lations, prior to their implementation, and negative disruption to States and consumers; vide services. may result in greater costs and economic im- ‘‘Annual and Lifetime limits’’ and the con- Anti-Switching Rule in Medicare’s Com- pact if changes are necessary based on com- cern over the impact on businesses and indi- petitive Bidding Program (CBP) for Durable ments that the Administration receives. It is viduals the more than 1,000 waivers already Medical Equipment, Prosthetics, Orthotics my understanding that the PPACA rules issued will have. and Supplies (DMEPOS). Specifically, the that have been issued as interim final rules, Additionally, I have heard that the com- proposal to enforce the rule in subsequent and therefore with limited input are: bination of the regulations being issued to rounds of the CBP, but not Round 1, may National Provider Identifier implement the PPACA statute have resulted compromise beneficiary access to appro- Web Portal Requirements in an increase in premiums for individuals priate diabetes testing supplies and leave Early Retiree Reinsurance Program and businesses, which as you know results in beneficiaries vulnerable to pressure from Coverage of Children to Age 26 increased costs and tough choices. Related to suppliers to switch testing systems. Underserved Rural Communities this, I am deeply concerned by signals from DMEPOS Competitive Bidding implemen- Grandfathered Health Plans your Administration that regulations being tation continues to be a concern. We origi- Pre-Existing Condition Exclusions issued to implement the PPACA statute will nally had over 400 DME providers in KS; Preventive Services not be held under the scrutiny of your Exec- however, now that Round 1 has been imple- Internal Claims/Appeals and External Re- utive Order. I would strongly encourage your mented I am concerned that patients, espe- view Processes Administration to review all of the regula- cially in rural areas, are facing issues re- Pre-Existing Condition Insurance Plan tions that have been issued, past, present lated to access. Program and future, while considering their impact Two sets of regulations and guidance—one Amendment to Grandfathered Health on our economy and jobs. for hospices and one for rural health clin- Plans Rule Finally, patients and providers have ex- ics—that may have resulted in an oversight Medical Loss Ratio Requirements pressed a number of concerns related to the in the Medicare billing regulations is cre- While there may have been instances in regulatory burdens that they face. Gen- ating obstacles for individuals in rural, un- which a shortened process was necessary or erally, they have asked that while the Ad- derserved communities to receive hospice appropriate I would strongly encourage your ministration may measure indirect benefits care. In these communities, the primary care Administration to limit the use of this regu- for regulatory proposals, that there is a lack physicians are often (and sometimes exclu- latory process and take every available op- of willingness to analyze and make publicly sively) members of Medicare-certified ‘‘rural portunity to get feedback from those who available the indirect costs to consumers, health clinics.’’ However, when a hospice pa- would be most affected by these regulations such as higher energy costs, jobs lost, and tient’s attending physician also happens to and allow for ample time to review and con- higher prices and would request that a rea- be a rural health clinic physician, Medicare

VerDate Mar 15 2010 00:32 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S10MR1.REC S10MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S1536 CONGRESSIONAL RECORD — SENATE March 10, 2011 is not reimbursing either the physician or When I was in Kansas over this last was so onerous. Then this year came the clinic for the physician’s services. work period, I talked to virtually all of around and CMS selected 20. What hap- Health IT rules related to implementing our Kansas patients, providers, and ad- pened to the other 404? What happened the Health Information Technology for Eco- vocates about the President’s Execu- to the people who depended on phar- nomic and Clinical Health (HITECH) Act which I am hearing are creating uncertainty tive order and my legislation, which is macists and home health care pro- and confusion, jeopardizing the goal of the called the Regulatory Reform for Our viders for that walker, that crutch, or rapid adoption of electronic health records. Economy Act. I held a stakeholder whatever they need—or oxygen tank, Without policy changes, innovation will be roundtable in Topeka. I held a round- for that matter? We are left with huge marginalized and job creation threatened. table in our State capitol, in order to holes in the home health care industry Privacy and security regulations adopted get feedback from patients and pro- and a need for providing DME equip- by HHS under the Health Insurance Port- vider groups on their thoughts related ment. ability and Accountability Act (HIP AA) and to health care reform. I was not sur- I was surprised to hear that every the HITECH Act expand the accounting of representative at this stakeholder disclosures requirement to include all disclo- prised to hear that every representa- tive at that meeting had a concern meeting—and all representative groups sures, even daily, routine disclosures. While were invited, including hospital admin- patient safety and privacy should be a high with regulations, but the sheer volume priority, businesses are concerned that main- of regulatory concerns as seen by my istrators, doctors, nurses, pharmacists, taining detailed records would require an staff and myself was truly extraor- and hospice folks. I believe it was the overwhelming amount of information to be dinary. first time they met at the same time. stored. I was already aware of regulations, I was surprised to hear that every rep- The short amount of time to comply with such as those put forth by the Depart- resentative at this stakeholder meet- new ICD10 and 5010 coding requirements im- ment of Health and Human Services, ing to discuss the impacts of health pose an incredible administrative burden care reform had concerns with regula- that I am hearing will increase administra- along with the Department of Labor and Treasury, that have resulted in the tions, some of which are buried in the tive costs significantly. volumes of regulations being put out CMS regulations that restrict the ability child-only insurance market effec- every day, and many that defy com- of non-physician practitioners to meeting tively disappearing in 20 States. Which prehension. the CMS requirement for supervision for car- I believe is the result of overregulation diac and pulmonary rehab. These rules are When discussing the President’s Ex- or overrequirements. ecutive order and regulations with my limiting access to cardiac and pulmonary I have already sent letters to the ad- constituents and those representing rehab, particularly in rural and Critical Ac- ministration detailing my concerns cess Hospitals. the patient and provider community, with regulations, such as—stick with the No. 1 concern I heard was a fear not Clearly this is not a comprehensive list, me now—first, the 2011 Medicare physi- but it represents a number of areas that pa- just of the current regulations, which cian fee schedule final rule, which re- tients, providers and constituents have ex- they are trying to keep up with, but of quires that laboratory requisition pressed concerns on. future regulations. Again, thank you for the opportunity to forms are signed by the ordering physi- While there is considerable concern share my recommendations on what rules cian. This rule could have potentially with the burden of regulations that and regulations pose serious negative con- serious implications on patient care have already been issued, I heard time sequences to the growth of our nation. As and business practice. the 112th Congress gets under way, I will and again that there is an even greater Second, on November 17, 2010, CMS, concern with the uncertainty of future continue to identify to your Adminitration the Center for Medicare and Medicaid regulations that handicap American busi- regulations, especially those imple- Services, issued a final rule which, as nesses and halt American job creation. It is menting the Patient Protection and my hope that we can create a regulatory en- required by the new health care law— Affordable Care Act, or PPACA, and vironment that provides American busi- the acronym for that is PPACA—condi- their potential to have further and nesses with the necessary tools to hire and tions payment for home health and greater impact on jobs and the econ- thrive in this global market. hospice services based upon a face-to- omy and health care—even greater Sincerely, face encounter between patients and than the impacts we discussed during PAT ROBERTS, their physicians or certain nonphysi- U.S. Senator. the health care reform debate. At the cian practitioners prior to certification stakeholder meeting we had meaning- Mr. ROBERTS. As I have already dis- for home health or hospice services. On ful dialog about that. This is akin to a cussed on the Senate floor, an Execu- top of about a $11 billion cut to hos- second health care reform earthquake. tive order was issued by the President pice, which is rather incredible, this is If you are a health care provider, hang on January 18. It was a good order. I resulting in burdensome requirements on. applauded that order. It committed all for our rural home health and hospice Additionally, I have heard that the Federal agencies to review regulations patients. For those who need this help combination of the regulations being and then to try to remove any that the most, this is truly hard to under- issued to implement the PPACA stat- placed unreasonable burdens on our stand. ute has resulted in an increase in pre- Nation’s businesses and/or impact the Third, the antiswitching rule in miums—to repeat that, an increase in ability of our economy to grow, to re- Medicare’s competitive bidding pro- premiums, not cost savings—for indi- cover. gram—the acronym is CBP; there is an viduals and businesses, which, as you I agree that, in light of our current acronym for everything—for durable know, results in increased costs and economic crisis, establishing a regu- medical equipment, prosthetics, very tough choices. latory environment that promotes orthotics, and supplies. Specifically, Related to this, I am concerned by growth and job creation should be the that proposal to enforce the rule in reports that I am hearing that staff No. 1 priority for this Congress and the subsequent rounds of the competitive within the administration have sig- administration. I applaud what the bidding program, but not round one, naled that regulations being issued to President said when he issued the Ex- may compromise beneficiary access to implement the PPACA statute already ecutive order—that there are some reg- appropriate diabetes testing supplies comply with the President’s Executive ulations that are duplicative, costly, and leave beneficiaries vulnerable to order and would not need to be in- and unnecessary and, as he said, down- pressure from suppliers to switch test- cluded in a review. Does that mean all right dumb. There was loud applause in ing systems. the health care regulations pouring out farm country, manufacturing, health I am going to try to get rid of the of CMS are not going to be subject to care, education—you name it. However, gobbledygook and say that during the the President’s Executive order? What after reviewing the Executive order, I initial round of competitive bidding for is that? This is one of the biggest wor- remind my colleagues that I was left— medical equipment, some of the sup- ries we have throughout the country and I hope if you read it you are left— pliers didn’t even know there was an regarding health care, and the Presi- with some larger concerns. Specifi- initial round of competitive bidding. In dent issues an Executive order and says cally, the order left open a number of Kansas City, there were 424 suppliers, let’s take a look. Do the costs out- very large loopholes. It was an Execu- and 20 submitted bids this time around. weigh the benefits? Are they duplica- tive order without teeth. We delayed it to this year because it tive, unnecessary, or just plain dumb?

VerDate Mar 15 2010 00:32 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S10MR1.REC S10MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE March 10, 2011 CONGRESSIONAL RECORD — SENATE S1537 Those are his words. CMS is exempted? upon reading and rereading it, it could that have already been issued for any Health care is exempted? That is be better described as gobbledygook. concerns that indicate a potential to unreal. As a matter of fact, it got my gobble- further our economic problems and cri- I believe otherwise, and this belief is dygook award of the month this past ses. being verified by personal stories from month. My legislation would close the In closing, I invite my friends on Kansans. In my letter to the President loopholes in President Obama’s Execu- both sides of the aisle to sign on as a today, I strongly encouraged him to re- tive order and would close other exist- cosponsor of my legislation, realizing view all of the regulations that have ing loopholes, including those the ad- the immense opportunities it creates been issued, past, present, and future, ministration has been using—or the for meaningful review and possible rev- while considering their impact on the Secretaries for the various agencies ocation of regulations counter to our economy and jobs. Sure, it would be a have been using—to bypass valuable Nation’s growth. tough job. It is time, with the stakeholder input on regulations. In Mr. President, I yield the floor, and I ‘‘Katrina’’ of regulations pouring out fact, I hear often that patients and pro- suggest the absence of a quorum. of the various agencies in Washington. viders believe they do not have a voice The PRESIDING OFFICER. Will the Understanding this, last month, I, in the regulatory process. Senator withhold his suggestion of the along with Senators BARRASSO and More specifically, I hear that a num- absence of a quorum? COATS, and with the support of 38 Sen- ber of regulations are currently being Mr. ROBERTS. I will be delighted to. ate colleagues—have introduced the issued through a shortened process f Regulatory Responsibility for Our which allows limited or no input from CONCLUSION OF MORNING Economy Act, S. 358. I urge my col- those most affected by the regulations BUSINESS leagues on the other side, who I am prior to their implementation—that is going to engage in the next week. We wrong—and they may result in an even The PRESIDING OFFICER. Morning will go face to face and I will try to greater confusion and burden which business is closed. convince you. then results in greater costs and eco- f My bill moves to codify and strength- nomic impact, especially if changes are EXECUTIVE SESSION en President Obama’s January 18 Exec- necessary based on later comments utive order that directs agencies with- that the administration does receive. in the administration to review, mod- It is my understanding the PPACA NOMINATION OF MAX OLIVER ify, streamline, expand, or repeal those rules that have been issued as interim COGBURN, JR., TO BE UNITED significant regulatory actions that are, final rules and, therefore, with limited STATES DISTRICT JUDGE FOR in the President’s words, duplicative, input—and they will probably become THE WESTERN DISTRICT OF unnecessary, overly burdensome, or final—are the national provider identi- NORTH CAROLINA would have significant economic im- fier, Web portal requirements, Early The PRESIDING OFFICER. Under pacts on Americans. I have given Presi- Retiree Reinsurance Program, cov- the previous order, the Senate will pro- dent Obama credit for saying that, but erage of children to age 26. Underserved ceed to executive session to consider I don’t give him credit for including rural communities, grandfathered the following nomination, which the the loopholes. health plans, preexisting condition ex- clerk will report. While I agree in principle with the clusions, preventive services, internal The legislative clerk read the nomi- President that we need to take a seri- claims/appeals and external review nation of Max Oliver Cogburn, Jr., of ous look at both current and proposed processes, Pre-existing Condition In- North Carolina, to be United States Federal regulations, I don’t think his surance Plan Program, amendment to District Judge for the Western District Executive order actually does what it grandfathered health plans rule, and of North Carolina. purports to do. I have some loopholes medical lost ratio requirements. That The PRESIDING OFFICER. The Sen- listed. In Dodge City, where I come is a bunch of them—all regulations ator from North Carolina. from, coming close to the truth is com- through a shortened process. Mrs. HAGAN. Mr. President, I wish ing pretty close, but it still ain’t the While there may have been instances to talk about Max Oliver Cogburn, Jr., truth. I think this is where this fits. in which a shortened process was nec- judicial nominee for the U.S. district The Executive order states—and I essary or appropriate, this lengthy list court in the Western District of North want everybody in the Senate, if you is why passage of my legislation is so Carolina. are listening, or if your staff is listen- critically important. Judge Cogburn was nominated for ing, provide this to your member. Fig- I ask the Presiding Officer if I have the second time by President Obama on ure this out: exceeded my time. If I have, I would January 25, 2011, and was favorably re- In applying these principles, each agency is like 2 additional minutes to close. ported out of the Judiciary Committee directed to use the best available techniques The PRESIDING OFFICER. The Sen- by voice vote on February 3, 2011. to quantify anticipated present and future ator has 30 seconds remaining. It is extremely important to me that benefits and costs as accurately as possible. Mr. ROBERTS. May I have 2 addi- North Carolina has highly capable rep- That is a good thing. tional minutes, and I will close. resentation on our Federal courts. Where appropriate and permitted by law, The PRESIDING OFFICER. Without Judge Cogburn is exactly the type of each agency may consider (and discuss quali- objection, it is so ordered. legal mind we need as a judge on North tatively)— Mr. ROBERTS. In my letter to the Carolina’s Western District Court. and this is the part where I had the President today, I have encouraged the Since coming to the Senate, I have most concern, and I hope somebody can administration to limit the use of this worked to increase the number of explain it. shortened regulatory process and take North Carolinians on the Federal judi- values that are difficult or impossible to every available opportunity to get ciary. Unfortunately, it has turned out quantify, including equity, human dignity, feedback from those who would be to be a rather slow and arduous proc- fairness, and distributive impacts. most affected by these regulations— ess. After months of making the case What is that? ‘‘But,’’ as the Wall that just makes sense—and allow for that North Carolina deserves more rep- Street Journal captured so eloquently ample time to review and consider that resentation on the Fourth Circuit last in their response to President Obama’s feedback prior to implementing the fu- year, Judges Jim Wynn and Al Diaz editorial, ‘‘these amorphous concepts ture regulatory priorities. We are going were confirmed unanimously by the are not measurable at all.’’ They are to have better regulations if, in fact, Senate. not. you ask folks: Is this going to work? North Carolina is better off because On the surface, I feel this language Maybe tweak it, maybe repeal it. Who Judges Jim Wynn and Al Diaz—highly has the potential to be a very large knows. The President himself said qualified, experienced, and fairminded loophole—probably is already. I believe that. judges—are now serving on the Fourth this is the loophole being used to ex- In addition, I have encouraged the Circuit. It is my hope that very soon empt the PPACA regulations from this administration to review any com- North Carolina will have another Fed- review. That is unfortunate. In fact, ments received on these regulations eral judge with the confirmation of

VerDate Mar 15 2010 00:32 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S10MR1.REC S10MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S1538 CONGRESSIONAL RECORD — SENATE March 10, 2011 Judge Cogburn. All of these judges magistrate judge, and in private prac- him and now, finally, the Senate is have received bipartisan support, and I tice. being allowed to consider him. am pleased that Senator BURR has In addition to his legal career, which I suspect the Senate will now confirm joined with me in recommending these certainly qualifies him for the bench in him unanimously or nearly so. He has judges. his own right, the Cogburn’s other the support of both his home state Sen- I recommended Judge Cogburn be- business cannot help but be a benefit. ators, one a Democrat and the other a cause of his distinguished record as a You see, he and his family run a dude Republican. The nomination of Max jurist and attorney in both the public ranch outside of Asheville, NC. Cogburn to fill a vacancy in the West- and private sectors. After earning de- I thank the Members of the Senate ern District of North Carolina is one grees from Samford University Cum- Judiciary Committee, as I said, for act- that was reported without opposition berland School of Law and UNC Chapel ing so quickly on this nomination. by the Judiciary Committee both last Hill, he entered private practice. Nominees to the Federal bench are be- year and, again, earlier this year. Judge Cogburn has worked in private stowed with a high honor but also a Besides this nomination, there are practice off and on since 1976, handling high amount of uncertainty and stress two nominees ready to fill vacancies in criminal felonies and misdemeanors, as they and their families go through a the District of Columbia. Recently, civil torts, domestic cases, and cor- sometimes never-ending process. I am Seth Stern reported in Congressional porate work. Judge Cogburn also grateful this process has been rel- Quarterly criticism from Chief Judge served as an assistant U.S. attorney atively short and sweet for Max. Lamberth of the U.S. District Court for from 1980 to 1992 where he prosecuted He was nominated in May of 2010, had the District of Columbia, who warned murder cases, drug trafficking, voter his hearing during the lameduck ses- that the breakdown in the judicial con- fraud, and a wide variety of Federal sion, and was reported out in Decem- firmation process is ‘‘injuring the crimes. ber, still during the lameduck session. country.’’ The two judicial nominees to During his time with the U.S. Attor- I am sorry this body missed the oppor- fill longstanding vacancies for his ney’s Office, Judge Cogburn served as tunity at that time to finalize his con- court are still waiting for final consid- the lead attorney of the Organized firmation. He did not get a vote in the eration by the Senate. They, too, were Crime and Drug Task Force, as well as last Congress, but that, of course, is reported unanimously by the Judiciary the chief assistant U.S. attorney. not unusual for a nominee of either Committee last year and again this From 1995 to 2004, Judge Cogburn party who is reported by the com- year. They, too, are being needlessly served as a magistrate judge on the mittee late in the process. delayed. The Senate should consider U.S. District Court for the Western He was reported out again in Feb- and confirm them without further District of North Carolina. As a mag- ruary and is actually getting a vote in delay. I will ask that a copy of the arti- istrate judge, he ruled on cases involv- less time, as I said, than it took the cle be printed in the RECORD. ing sexual harassment, racial discrimi- White House to nominate him, espe- Also reported from the Judiciary nation in employment, fraud, age dis- cially following the departure and re- Committee and before the Senate are crimination, products liability, and tirement of Judge Thornburg. nominees to fill a judicial emergency medical malpractice. I appreciate the Judiciary Commit- vacancy in New York, a judicial emer- Judge Cogburn has received the tee’s commitment to move quickly. I gency vacancy on the Second Circuit American Bar Association’s highest join my colleague, Senator HAGAN, in and a judicial vacancy in Oregon. They rating of ‘‘well-qualified.’’ He has the encouraging all of our colleagues to should be debated and confirmed with- skills and legal experience this posi- unanimously support this appointment out delay, as well. Earlier today, the tion requires. to the Federal bench. Judiciary Committee moved forward to I am pleased to speak about Judge I might say, in conclusion, the under- vote on two additional Federal circuit Cogburn’s outstanding qualifications lying reason Max Cogburn should get nominees and four additional district to serve on the U.S. District Court for the overwhelming support of all the court nominees. They are now avail- the Western District of North Carolina. Members of the Senate and should be able to the Senate for its consider- I am confident that Judge Cogburn will the newest member of our court in the ation, as well. serve on the bench with clarity and dis- Western District is because Max After the confirmation of Mr. tinction. I have worked steadily to see Cogburn is a good man. He comes from Cogburn, there will be 11 judicial nomi- that he is confirmed quickly. I look good stock, but on his own he is a good nees left waiting for Senate consider- forward to casting that vote shortly. I man and a great American. Today he ation having been reviewed by the Ju- ask my Senate colleagues to join me deserves this House to unanimously diciary Committee. We are holding and Senator BURR in support of Judge support this nomination. hearings every two weeks and hope fi- Cogburn’s nomination and vote in Mr. LEAHY. Mr. President, I con- nally to begin to bend the curve and favor of his confirmation. gratulate Senator HAGAN on the Sen- start to lower judicial vacancies across Mr. President, I yield the floor. ate’s consideration of the nomination the country. We can do that if the Sen- The PRESIDING OFFICER. The Sen- of Max O. Cogburn. ate continues to consider judicial ator from North Carolina. Max O. Cogburn is nominated to sit nominations in regular order as they Mr. BURR. Mr. President, I also wish on the U.S. District Court for the West- are reported by the Judiciary Com- to talk about this historic day. It is ern District of North Carolina, the very mittee. historic because we are actually going district where he has served for 9 years Federal judicial vacancies around the to confirm Max Cogburn faster than it as a magistrate judge and for 12 years country still number too many and took for the nomination to come as an assistant U.S. attorney. Mr. they have persisted for too long. That through. Today, in this austere body, Cogburn is currently a partner in the is why Chief Justice Roberts, Attorney that is an accomplishment. But in Asheville, NC, law firm of Cogburn and General Holder, White House Counsel large measure it says a lot about the Brazil, and also serves as an appointed Bob Bauer and many others—including President’s nominee. member of the North Carolina Edu- the President of the United States— Max Cogburn has been nominated to cation Lottery Commission. have spoken out and urged the Senate the Federal bench in North Carolina’s This nomination could—and in my to act. Western District. He is an excellent view should—have been considered and Nearly one out of every eight Federal choice and I believe will be a needed confirmed last year. Instead, it was un- judgeships remains vacant. This puts but great addition to the court. necessarily returned to the President at serious risk the ability of all Ameri- The Cogburn family roots are in without final Senate action, despite cans to have a fair hearing in court. western North Carolina’s mountains, the nominee’s qualifications and the The real price being paid for these un- and they run deep. It is an impressive needs of the American people to have necessary delays is that the judges family history, but Max has made a judges available to hear cases in the that remain are overburdened and the name for himself in his legal career Federal courts. The President has had American people who depend on them and his public service: Assistant U.S. to renominate him, the Senate Judici- are being denied hearings and justice in attorney, chief assistant U.S. attorney, ary Committee has had to reconsider a timely fashion.

VerDate Mar 15 2010 00:32 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S10MR1.REC S10MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE March 10, 2011 CONGRESSIONAL RECORD — SENATE S1539 Regrettably, the progress we made [From CQ Today Online News—Legal Affairs, our colleague, Senator DURBIN, and of during the first 2 years of the Bush ad- Feb. 28, 2011] which I am proud to be a cosponsor, ministration has not been duplicated, JUDGES: ‘TOTALLY BROKEN’ CONFIRMATION which concerns the situation in the and the progress we made over the 8 PROCESS CAUSING ‘DIRE’ CASE BACKLOGS country of Belarus. years from 2001 to 2009 to reduce judi- (By Seth Stern) As the winds of democratic change cial vacancies from 110 to a low of 34 Two federal judges criticized the slow pace have been sweeping now across North was reversed. The vacancy rate we re- of judicial confirmations Monday, saying Africa and the Middle East ousting cases are backlogged and judges over- duced from 10 percent at the end of autocratic rulers who have been long whelmed at the trial court level. entrenched there, it is important for us President Clinton’s term to less than 4 Speaking at a Brookings Institution event percent in 2008 has now risen back to on judicial nominations, Royce Lamberth, to remember there is still one remain- over 10 percent. In contrast to the the chief judge of the U.S. District Court for ing dictatorship in Europe, and that is sharp reduction in vacancies we made the District of Columbia, said the confirma- in the country of Belarus. In the 20 years since the fall of the during President Bush’s first 2 years tion process is ‘‘totally broken’’ and that the pattern of ‘‘paybacks and the bickering have Soviet Union, Belarus’s neighbors to when the Democratically controlled been thoroughly bipartisan.’’ the north and west have become suc- Senate confirmed 100 of his judicial Lamberth, who was appointed by President cessful, prosperous democracies. But, nominations, only 60 of President Ronald Reagan in 1987, raised similar con- tragically, while Poland, Lithuania, cerns in a speech in March 2009, just after Obama’s judicial nominations were al- and Latvia have broken the chains of lowed to be considered and confirmed the start of the Obama administration. But he said he was increasingly concerned by the tyranny and joined the flagship insti- during his first 2 years. We have not delays in the confirmation of federal trial tutions of the Euro-Atlantic world, kept up with the rate of attrition, let judges, which has only worsened in the two NATO, and the European Union, alone brought the vacancies down. By years since. Belarus and its people have been left now they should have been cut in half. ‘‘I say to both Democrats and Republicans, behind—held back by its despot ruler Instead, they continue to hover around you are injuring the country,’’ Lamberth Alexander Lukashenko, who has ruled 100. said. Lamberth was joined on the panel by Wil- his country through repression and The Senate must do better. The Na- liam Furgeson Jr., a Texas district court rigged elections for nearly two decades. tion cannot afford further delays by judge who said judges’ growing caseloads re- Some in the United States and Eu- the Senate in taking action on the sulting from the vacancies in his district in rope had hoped in recent years that nominations pending before it. Judicial western Texas are a ‘‘desperate problem’’ Lukashenko might be prepared to open that results in ‘‘assembly-line justice.’’ vacancies on courts throughout the up Belarus and change his ways. These Furgeson called the situation on the bor- hopes, however, came to an abrupt end country hinder the Federal judiciary’s der ‘‘dire,’’ adding it was a ‘‘giant mystery’’ on December 19 of last year when ability to fulfill its constitutional role. why senators now fight over trial court Belarus held Presidential elections. As They create a backlog of cases that judges. it quickly became clear that the votes prevents people from having their day Chief Justice John G. Roberts Jr. had also in those elections were neither free nor in court. This is unacceptable. emphasized the ‘‘persistent problem’’ of va- cancies on the federal bench in his annual re- fair, thousands of Belarusian people We can consider and confirm this port on the state of the judiciary released in took to the streets of Minsk in protest, President’s nominations to the Federal December. and the Lukashenko regime responded bench in a timely manner. President ‘‘Each political party has found it easy to with violence and brutality. Obama has worked with Democratic turn on a dime from decrying to defending This resolution would put the Senate the blocking of judicial nominations, de- and Republican home state Senators to pending on their changing political for- on record in response to the crackdown identify superbly qualified, consensus tunes,’’ Roberts wrote in the report. launched in Belarus on December 19—a nominations. None of the nominations Only 67 percent of Obama’s district court crackdown, I add, that continues in on the Executive Calendar are con- nominees were confirmed during his first two significant ways to this day. troversial. They all have the support of years in office, compared to 92 percent for More than 600 people were swept up their home State Senators, Repub- George W. Bush and 87 percent for Bill Clin- by Belarusian security forces on elec- ton, according to statistics compiled by Rus- tion day and its immediate after- licans and Democrats. All have a sell Wheeler, a visiting fellow at the liberal- strong commitment to the rule of law math—among them journalists, civil leaning Brookings Institution, and 83 of 677 society representatives, political activ- and a demonstrated faithfulness to the district court seats were vacant as of Feb. 25. Constitution. The Senate has confirmed six district ists, and several opposition Presi- court judges so far this year, including two dential candidates. It is hard to believe During President Bush’s first term, more Monday: Amy Totenberg and Steve C. this kind of behavior still exists in this his first 4 tumultuous years in office, Jones to the Northern District of Georgia. world today. The detained continue to we proceeded to confirm 205 of his judi- On Wednesday, the Senate Judiciary Com- be denied access to family, lawyers, cial nominations. We confirmed 100 of mittee will hold a second confirmation hear- medical treatment, and open legal pro- those during the 17 months I was Chair- ing for President Obama’s most controver- ceedings, while their relatives and at- sial judicial nominee: Goodwin Liu, who was man during President Bush’s first 2 torneys endure harassment by years in office. So far in President first nominated for a seat on the U.S. Court of Appeals for the 9th Circuit in 2009. Lukashenko’s security forces. Obama’s third year in office, the Sen- The University of California law professor This resolution will do several sig- ate has only been allowed to consider has faced intense criticism from Republicans nificant things. First, it will send a 71 of his Federal circuit and district for his liberal views and for repeatedly strong and clear message to court nominees. We remain well short amending the materials he has provided to Lukashenko that his actions are unac- of the benchmark we set during the the Judiciary Committee. ceptable and will carry significant Bush administration. When we ap- Mr. LEAHY. I yield the floor. costs. It tells him we do not consider proach it we can reduce vacancies from The PRESIDING OFFICER. The Sen- the December 19 election to be legiti- the historically high levels at which ator from Connecticut. mate and that he is, therefore, not the they have remained throughout these Mr. LIEBERMAN. Mr. President, I legitimately elected leader of Belarus, first three years of the Obama adminis- ask unanimous consent to speak as in and that there should be new elections tration to the historically low level we morning business, with the under- that are free, fair, and meet inter- reached toward the end of the Bush ad- standing that I will yield the floor if national standards. I would add that ministration. anyone comes to the floor to speak on the European Parliament passed a res- the Cogburn nomination. olution not long ago that says pre- Mr. President, I ask unanimous con- The PRESIDING OFFICER. Without cisely the same thing that I have just sent to have printed in the RECORD the objection, it is so ordered. said here in the Senate. article to which I referred. BELARUS RESOLUTION Perhaps even more important, this There being no objection, the mate- Mr. LIEBERMAN. Mr. President, I resolution will send a message to the rial was ordered to be printed in the rise to speak in support of a bipartisan people of Belarus who were struggling RECORD, as follows: resolution that has been submitted by to secure their fundamental freedoms.

VerDate Mar 15 2010 00:32 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S10MR1.REC S10MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S1540 CONGRESSIONAL RECORD — SENATE March 10, 2011 It tells the dissidents there that we Mr. GRASSLEY. Mr. President, soon gation, personal injury, civil litigation, have not and will not forget them or we will be voting on another nominee and a significant amount of mediation. their cause; that we remember their for district court. We continue our As an assistant U.S. attorney for names, in fact, and we will stand in sol- rapid pace in which the Senate has over a decade, Mr. Cogburn gained sub- idarity with them until they achieve been confirming President Obama’s ju- stantial appellate experience. While their goal, which is a free and demo- dicial nominees. This vote will mark there, he also served as drug task force cratic Belarus. the 11th judicial nominee to be con- attorney and chief assistant U.S. attor- Last month, Senator MCCAIN and I firmed this Congress. That is more ney. Mr. Cogburn also holds judicial ex- and others traveled to Vilnius, Lith- than double the number confirmed in perience. He was appointed to serve an uania, where we met with Belarusian the 108th Congress, which only saw five 8-year term as a U.S. magistrate judge students and opposition military lead- confirmations at this point. Obviously, by the U.S. District Court for the West- ers. This was an extremely powerful ex- actions speak louder than words. So ern District of North Carolina. perience for all of us. We heard directly far, our actions have had concrete re- After careful evaluation, the Judici- from them about the repression taking sults. ary Committee reported this fine nomi- place in their home country. The sub- The Judiciary Committee met this nee by voice vote on February 3, 2011. I stance of the resolution Senator DUR- morning and reported six more judicial congratulate Mr. Cogburn and his fam- BIN has written and submitted, with co- nominees. That puts the total at 22 ily on this important lifetime appoint- sponsorship by several of us, reflects nominees reported favorably so far. We ment and his willingness to continue in what the Belarusians we met with in continue to hold hearings every 2 public service. Vilnius told us, as well as what we weeks and have heard from 31 nominees I yield the floor, and I suggest the ab- heard here in Washington from other currently pending before the Senate. sence of a quorum. dissidents from that country. As I have said in the past, we will con- The PRESIDING OFFICER. The The resolution specifically calls for tinue to move consensus nominees clerk will call the roll. the immediate and unconditional re- through the confirmation process. The assistant editor of the Daily Di- lease of all political prisoners in However, we will continue to do our gest proceeded to call the roll. Belarus. It also urges a tightening of due diligence in evaluating the nomi- Mr. ENSIGN. Madam President, I ask the sanctions against Lukashenko, and nees. What we will not do is put quan- unanimous consent that the order for we are urging the Obama administra- tity confirmed over quality confirmed. the quorum call be rescinded. tion to offer the strongest possible ma- These lifetime appointments are too The PRESIDING OFFICER (Mrs. terial and technical support for important to the Federal Judiciary and MCCASKILL). Without objection, it is so Belarusian civil society, and that in- the American people to allow ordered. cludes, of course, the political opposi- rubberstamping. Mr. ENSIGN. Madam President, I ask tion. Just this past Monday, the Senate unanimous consent that all time be This resolution is broadly bipartisan confirmed three district court judges. yielded back in order to start the vot- in its sponsorship and reflects what I In his statement for the record, the ing. think is a wide consensus in the Senate chairman of the committee, Senator The PRESIDING OFFICER. Without about the situation in Belarus today. I LEAHY, stated: objection, it is so ordered. know there are some who may look at Nearly one out of every eight Federal Mr. ENSIGN. I ask for the yeas and the resolution and say it is merely judgeships is vacant. This puts at serious nays. symbolic, who say there is nothing we risk the ability of all Americans to have a The PRESIDING OFFICER. Is there a can do to help the people who are liv- fair hearing in court. sufficient second? There appears to be ing such repressed and unfree lives in However, what the chairman ne- a sufficient second. Belarus, and that we should simply ac- glected to mention is the fact that The question is, Will the Senate ad- cept the reality of Lukashenko’s dicta- President Obama has not put forth a vise and consent to the nomination of torship after all these years. But if the nominee for every vacancy the court Max Oliver Cogburn, Jr., of North historic events in Tunisia and Egypt currently faces. In fact, of the 95 judi- Carolina, to be United States District have taught us anything about our for- cial vacancies, the Senate only has 45 Judge for the Western District of North eign policies, it is that the United nominees. That is 53 percent of vacan- Carolina? States does best when we stand with cies without a nominee from the White The clerk will call the roll. our values and with the people who House. The assistant editor of the Daily Di- share them—and that what appear to Today, we vote on a nominee to sit gest called the roll. be even the most impregnable regimes on the Western District of North Caro- Mr. DURBIN. I announce that the lina court. While this is an important can fall with remarkable speed. Senator from California (Mrs. BOXER) Obviously, I cannot say exactly when vacancy, and a vacancy we need to fill, and the Senator from New Mexico (Mr. it is not a judicial emergency. How- Belarus will be free, but I have no UDALL) are necessarily absent. doubt that someday it will be free. I ever, there is a judicial emergency in Mr. KYL. The following Senators are am confident the future of Belarus be- the Eastern District of North Carolina. necessarily absent: the Senator from That seat, which has been vacant since longs not to Lukashenko and his cro- Texas (Mrs. HUTCHISON) and the Sen- 2005, does not have a nominee currently nies but to the people of that great ator from Oklahoma (Mr. INHOFE). country—to the dissidents who are in pending. President Bush nominated The PRESIDING OFFICER. Are there jail, to the students we met in Vilnius Thomas Alvin Farr to that seat twice, any other Senators in the Chamber de- last month, to the civil society activ- but he was never afforded a hearing, let siring to vote? ists who are being harassed by the KGB alone an up-or-down vote. I am happy The result was announced—yeas 96, as we speak. It belongs to the people in this side of the aisle is not repeating nays 0, as follows: the same regrettable treatment Mr. Belarus who want a future of democ- [Rollcall Vote No. 38 Ex.] racy and economic opportunity, not Farr received. YEAS—96 Soviet-style repression. With regard to Mr. Cogburn, the This resolution—put together, again nominee we will be voting on, the Akaka Cantwell DeMint Alexander Cardin Durbin I say with thanks, by Senator DURBIN— American Bar Association has rated Ayotte Carper Ensign puts the Senate on the side of the peo- him ‘‘majority well qualified, minority Barrasso Casey Enzi ple of Belarus and against the qualified.’’ He received his B.A. from Baucus Chambliss Feinstein the University of North Carolina at Begich Coats Franken Lukashenko regime that is oppressing Bennet Coburn Gillibrand them. I hope we can come together and Chapel Hill and his juris doctorate Bingaman Cochran Graham swiftly pass this bipartisan measure. from Cumberland School of Law. Mr. Blumenthal Collins Grassley I thank the Chair, and I yield the Cogburn has practiced law in many ca- Blunt Conrad Hagan Boozman Coons Harkin floor to the Senator from Iowa. pacities. Through his work in private Brown (MA) Corker Hatch The PRESIDING OFFICER. The Sen- practice, he has worked on a wide Brown (OH) Cornyn Hoeven ator from Iowa. range of issues, including criminal liti- Burr Crapo Inouye

VerDate Mar 15 2010 00:32 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S10MR1.REC S10MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE March 10, 2011 CONGRESSIONAL RECORD — SENATE S1541 Isakson McCaskill Rubio United States in the way the Peace life of Kate Puzey, for her family, and Johanns McConnell Sanders Johnson (SD) Menendez Schumer Corps intended it. for what she and all volunteers who Johnson (WI) Merkley Sessions Unfortunately, her life was lost. I did have sacrificed in the Peace Corps have Kerry Mikulski Shaheen not know Kate Puzey before her death. done for the United States of America, Kirk Moran Shelby I only know her after her death. But I and, better than that, for mankind. Klobuchar Murkowski Snowe Kohl Murray Stabenow know her through her parents, through We have many great people to be Kyl Nelson (NE) Tester her schoolmates, and through her fel- thankful for in this world, but tomor- Landrieu Nelson (FL) Thune low Peace Corps volunteers in Africa row, at 6:30 p.m., on the steps of the Lautenberg Paul Toomey who told me the story of Kate Puzey, Capitol, there will be a pause to recog- Leahy Portman Udall (CO) Lee Pryor Vitter and also, tragically, stories of other nize the life, the legacy, and the sac- Levin Reed Warner Peace Corps volunteers who have lost rifice of Kate Puzey and I will be there Lieberman Reid Webb their lives or have sacrificed in the in spirit and I will be with her in pray- Lugar Risch Whitehouse er. Manchin Roberts Wicker service of our country. McCain Rockefeller Wyden Tomorrow night, at 6:30, on the steps I yield back and suggest the absence of the Capitol, there will be a candle- of a quorum. NOT VOTING—4 light vigil, acknowledging the second The PRESIDING OFFICER. The Boxer Inhofe clerk will call the roll. Hutchison Udall (NM) year anniversary of the death of Kate Puzey. Kate’s mother will be here, as The bill clerk proceeded to call the The nomination was confirmed. well as Peace Corps volunteers, as well roll. Mr. INOUYE. Madam President, I ask The PRESIDING OFFICER. Under as people from the Peace Corps organi- unanimous consent that the order for the previous order, the motion to re- zation. It will be a solemn moment, but the quorum call be rescinded. consider is considered made and laid it will also be a very sacred moment. upon the table. The President shall be The PRESIDING OFFICER. Without As the ranking member of the Africa objection, it is so ordered. immediately notified of the Senate’s Subcommittee, I have traveled to Afri- action. ca on a number of occasions, and I have f f been in a number of African countries. RESTORING DISCIPLINE TO THE LEGISLATIVE SESSION On each visit, I arrange either a break- BUDGET PROCESS fast or a lunch, where I host the Peace Mr. INOUYE. Madam President, The PRESIDING OFFICER. The Sen- Corps volunteers from the United today our Nation faces a very difficult ate shall resume legislative session. States in that country. political landscape when it comes to The majority leader. Without exception, and in every case, addressing the major challenges to our f these are the finest of Americans. country, such as unemployment and MORNING BUSINESS Just 2 years ago, when I was in Tan- the deficit. The American public is de- zania, I met a couple—73 and 72 years manding that the House and Senate Mr. REID. I ask unanimous consent old—who in their retirement decided work with the President to address that the Senate proceed to a period of they wanted to give back and help these concerns. morning business, with Senators al- their country and serve their mankind. I believe the American people’s un- lowed to speak for up 10 minutes each. They volunteered to go to Tanzania derstandable and growing concern over The PRESIDING OFFICER. Without and build a library where there was not the national debt is shared by every objection, it is so ordered. even a library, a book or a school, and Member of this body. But in order for f they built it. the Congress to address our fiscal cri- In Kenya, I visited with young people ORDER OF BUSINESS sis, we must fix our broken budget who went to Kenya to help carry the process. Mr. REID. There will be no further message of democracy, to help share, in Today, with fiscal year 2011 nearly rollcall votes this week. We will have the terrible slum of Kibera, the prom- halfway over, as a result of the some votes Monday night. Everyone ise and hope of education, of good nu- Congress’s inability to finish its work, should be aware of that. trition, of knowledge, of hard work, the Federal Government is still oper- I suggest the absence of a quorum. and of democracy. ating on stopgap funding designed to The PRESIDING OFFICER. The We as a country are blessed to have avert a government shutdown. clerk will call the roll. men and women who serve us in many This is no way to govern. Continuing The legislative clerk proceeded to capacities—those who may serve in the resolutions make it difficult for Fed- call the roll. House or the Senate, those who serve eral agencies to perform their duties. Mr. ISAKSON. Madam President, I in the branches of the military over- As the Secretary of Defense, Mr. Gates, ask unanimous consent that the order seas in harm’s way—but equal to their has stated very clearly, operating for the quorum call be rescinded. service is the service of our Peace under a CR places a great burden on The PRESIDING OFFICER. Without Corps volunteers. Kate Puzey is an ex- the Department of Defense. The same objection, it is so ordered. ample of what those Peace Corps vol- can be said for every Federal agency. f unteers do—at its height. Our failure to act responsibly makes When I attended her funeral, I sat IN MEMORY OF KATE PUZEY the everyday functioning of govern- and listened, for over 2 hours, to her ment more difficult and less responsive Mr. ISAKSON. Madam President, I fellow volunteers, her former class- to the needs of the American people. rise to acknowledge the second anni- mates tell about the Kate Puzey they Moreover, continuing resolutions versary of a tragic event that happened knew: the academic genius, the com- make a mockery of our constitutional on March 11, 2009, in the nation of mitted volunteer, the person who loved responsibility to allocate taxpayer Benin in Africa. On that tragic day, a life and loved people and wanted to funding wisely. Putting the country on young lady by the name of Kate Puzey share that love wherever she could. budgetary autopilot is simply unac- was tragically murdered in her sleep in The volunteers in Benin told of her ceptable. It is well past the time to her house at night. countless sacrifices to help young peo- cast aside the blistering campaign Kate Puzey was a Peace Corps volun- ple and children in their troubled land, rhetoric of the fall and find the means teer from Georgia, who went to Benin in their difficult country, to under- to compromise. with all the dreams, hopes and aspira- stand better their life’s future and to Many new Members of this body were tions of the program John F. Kennedy not look to poverty as a lifetime of elected on the promise of a return to created over a half century ago. She shackles but to look to opportunity as fiscal responsibility. I would suggest had served there for months. She was a lifetime of hope. that returning to regular order in our teaching young African children. She Tomorrow night, when the vigil budget process is a necessary compo- was sharing wisdom. She was sharing takes place on the steps of the Capitol, nent to achieve this goal. knowledge. She was sharing her love of I will not be here, unfortunately, but I The Appropriations Committee pro- mankind. She was representing the will be saying a special prayer for the duces 12 individual bipartisan spending

VerDate Mar 15 2010 00:32 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S10MR1.REC S10MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S1542 CONGRESSIONAL RECORD — SENATE March 10, 2011 bills, but when the Congress fails to act ceded our constitutional authority to programs that Americans depend on. It on them through regular order, we the administration or even why we are would have cut more than $1 billion wind up with a $1 trillion omnibus bill unable to work together responsibly to from Head Start. It would have elimi- or a $1 trillion continuing resolution avoid a disastrous government shut- nated early childhood education pro- that cedes the power of the purse to down. We must find a way to accom- grams for more than 200,000 American the executive branch. plish the tasks the Constitution has as- children. It would have cut or elimi- Neither the most liberal nor the most signed to us. To do this, we need a nated Pell grants for hundreds of thou- conservative Member of this body budget resolution, we need the House sands of college students. It would have should prefer an omnibus or a CR over to send over appropriations bills in a cut $61 million from the budget request the regular order in our budget process. timely fashion, we need floor time, and for food inspections, despite the fact Several weeks ago, I had the oppor- we need a willingness to vote on that thousands of Americans every tunity to sit down with the new chair- amendments. Without these four year suffer from foodborne illnesses. It man of the House Appropriations Com- things, there is no doubt in my mind would have cut $1 billion from the mittee, Congressman Hal Rogers of that I will be standing in this Chamber Women, Infants and Children Program, Kentucky, to congratulate him on his in late September, yet again, seeking weakening a program that helps poor new position. passage of a continuing resolution in families put food on the table. It would During our discussion, we both order to avoid shutting down the gov- cut $180 million from the Securities agreed that the Congress needs to rees- ernment. and Exchange Commission budget and tablish regular order in the appropria- The House and the Senate need to more than $100 million from the Com- tions process. Both Chambers need to find a way to work together to pass our modity Futures Trading Commission pass its bills and allow us to work out bills under the regular order and send budget. And those are the regulators. our differences in conference. them to the President. This is the only Those are the cops we need on the beat I believe if we adopt this approach, way we can restore discipline to the to make sure we oversee the financial we can do our part to help this Nation budget process. It is the only way we markets that recently devastated our regain its economic health. can maintain our constitutional re- economy. The first step in the process is the sponsibility to determine how tax- It would have cut nearly $290 million adoption of a budget to provide the payers dollars are spent. It is truly the from the Veterans’ Administration ef- framework for appropriations bills. The only way we can avoid repeating the forts to provide better service to our House must step up to the plate with a catchall spending bills none of us veterans. budget that is workable. It cannot hide wants. The House budget would have cut $1 behind vague rhetoric and arbitrary I yield the floor, and I note the ab- billion of funding for community spending caps, and it should not insist sence of a quorum. health centers, eliminating primary upon irrational, problematic cuts that The PRESIDING OFFICER (Ms. care for millions of Americans. would devastate the lives of the Amer- KLOBUCHAR). The clerk will call the The proposal of the House of Rep- ican people. Likewise, it is imperative roll. resentatives, which we soundly de- that the Senate do its part in moving a The bill clerk proceeded to call the feated here yesterday, would have cut budget through a responsible and reg- roll. $550 million from National Science ular order process, including the time- Mr. LEVIN. Madam President, I ask Foundation research, another $1 billion ly adoption of a budget resolution. If a unanimous consent that the order for plus from Department of Energy re- budget resolution is not adopted by the quorum call be rescinded. search, and almost $900 billion from early May, the appropriations process The PRESIDING OFFICER. Without our support for renewable energy will be delayed. Every week of delay objection, it is so ordered. sources and energy conservation. All of further diminishes our ability to finish f that would make us even more depend- our work prior to the end of the fiscal ent than we now are on foreign oil. year. REDUCING THE DEFICIT The Republican proposal from the In recent years, all too often appro- Mr. LEVIN. Madam President, yes- House would have cut $2 billion from priations bills have been held hostage, terday the Senate rejected two bills to clean water programs, putting public as Members offered message amend- provide funding for the rest of this fis- health at risk, and it would have cut ments, knowing they would not pass, cal year. I voted against both bills, and $250 million from the Great Lakes res- while the time needed to complete 12 I want to explain why and to explain toration efforts. freestanding bills slipped away. By what I believe is the only course open The House proposal would have cut September, we had abandoned any hope to us if we are to be serious about re- more than $120 million from the Presi- of finishing all 12 bills as the calendar ducing the budget deficit. dent’s request and more than $350 mil- simply did not give us enough time. It was a victory for the American lion from the fiscal 2010 level from bor- We Democrats must recognize that people when the Senate voted over- der security efforts. That is the very regular order cannot exist without bi- whelmingly to reject the spending bill issue—border security—which the Re- partisan cooperation. Last year, de- sent to us by the House. House Repub- publicans, including the Speaker of the spite the lack of a budget resolution, licans who tell us they want to reduce House, have called their No. 1 priority. the committee completed almost all of the deficit have proposed a cure that Yet their budget would have cut more its work, preparing 11 of the 12 appro- does little to cure our budget disease than $350 million from the 2010 level for priations bills for full consideration in and does great damage to the patient border security. a timely manner. However, gridlock on in the meantime. We need to make spending cuts, and the Senate floor eliminated any further The House bill proposed cuts in non- I think all of us know that. We have to progress. defense discretionary spending, and in reduce and remove redundancy and in- If a more open amendment process that area alone. Simple math suggests efficiency in the government, and it ex- for relevant amendments will enable that we cannot meaningfully reduce ists. The President has proposed cuts. these bills to move forward, we should the deficit in this manner. These pro- We need to seek more cuts and we need be open to such an approach even if grams represent less than 15 percent of to act. But the cuts the Republicans that means taking some uncomfortable the total budget. Not surprisingly, proposed aren’t about increasing effi- votes. This Chamber is split 53 to 47. then, the Republican proposal would ciency. Their proposal, as Senator Both sides need to give a little bit, and reduce our projected budget deficit this MANCHIN pointed out yesterday, blindly in so doing, it is my hope that we can year by only a token amount. As a hacks at the budget with no sense of get the bipartisan appropriations proc- matter of fact, it would reduce our our priorities or of our values as a ess back on track. budget deficit this year by less than 1 country. So we wisely rejected that Certainly, no Member of this body percent. path. wants to explain to his or her constitu- The Republican plan fails the test of We also rejected a second proposal, ents why we have failed yet again to seriousness about the deficit, but it and I voted against that one as well. I responsibly fund the government or would have done significant damage to rejected it because while it avoided the

VerDate Mar 15 2010 00:32 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S10MR1.REC S10MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE March 10, 2011 CONGRESSIONAL RECORD — SENATE S1543 blind hacking at the budget in which preserves vital programs, that makes diately following the Senate’s action in the House Republicans engaged, it fo- prioritized and necessary cuts in spend- executive session on Monday, March 14; cused solely on cuts in nondefense dis- ing, but also a plan that recognizes the further, that the mandatory quorum cretionary spending. We had two need for comprehensive approaches call under rule XXII be waived. choices yesterday, Draconian cuts or that address revenue as well as spend- The PRESIDING OFFICER. Without more targeted cuts. But those are not ing. In the coming days, we need to objection, it is so ordered. the only two choices available to us. adopt such a comprehensive approach. Mr. REID. I now withdraw my mo- We can choose to seriously address our Madam President, I yield the floor, tion. budget deficit by acknowledging that it and I suggest the absence of a quorum. The PRESIDING OFFICER. The Sen- cannot be significantly reduced until The PRESIDING OFFICER. The ator has that right. we understand that increased revenue clerk will call the roll. Mr. REID. Mr. President, I am dis- as well as spending cuts is part of the The legislative clerk proceeded to appointed that I had to file cloture on a bill as important as this one. We were solution. call the roll. How can we raise additional revenue Mr. FRANKEN. Madam President, I going to have a new day in the Senate. without slowing the economy? We can ask unanimous consent that the order I think it is really too bad. This is the end the excessive tax cuts for the upper for the quorum call be rescinded. small business innovation bill, and ev- income taxpayers President Bush put The PRESIDING OFFICER. Without eryone knows we have had an open amendment process. People can offer in place. We can close tax loopholes objection, it is so ordered. amendments on anything they want. I that not only drain the Treasury but The Senator from Minnesota is rec- think this is suggestive of maybe some- send American jobs abroad to boot. ognized. thing I do not understand. The cost of the government to con- Mr. FRANKEN. I thank the Chair. Why wouldn’t my Republican col- tinue that upper bracket income tax (The remarks of Mr. FRANKEN per- leagues want us to move to a small cut President Bush was able to obtain taining to the introduction of S. 555 are business bill to help create jobs? We is about $30 billion a year. Ending that located in today’s RECORD under are told that 85 percent of all jobs in $30 billion tax cut, which goes to ‘‘Statements on Introduced Bills and America are small business jobs. roughly 2 percent of Americans at the Joint Resolutions.’’) Should we not be trying to help them? very top—those earning more than Mr. FRANKEN. I yield the floor and That is what we have been working on. $200,000—could allow us to avoid the suggest the absence of a quorum. We have not been doing all of these drastic cuts in important programs I The PRESIDING OFFICER. The things, these ‘‘messages,’’ cutting out have mentioned, and much more be- clerk will call the roll. programs for little boys and girls who sides. The assistant legislative clerk pro- want to learn to read, cutting Pell Increasing revenue makes sense not ceeded to call the roll. grants for young men and women who only from a deficit reduction perspec- Mr. REID. Mr. President, I ask unan- are in college, cutting the ability of re- tive, it is also fair. Those at the top, imous consent that the order for the newable energy projects to go forward, incomewise, have done very well as a quorum call be rescinded. and all of these other messages they group in recent decades, while incomes The PRESIDING OFFICER (Mr. are sending the American people. We for most Americans have stagnated. To FRANKEN). Without objection, it is so be specific, the top 1 percent of all in- are trying to create jobs. ordered. We have spent this Congress, over come earners has more than doubled f here in the Senate, on bipartisan issues their share of total U.S. income in the creating jobs: FAA, 280,000 jobs. We last few decades—from 8.2 percent in SBIR/STTR REAUTHORIZATION ACT just finished, within the last few hours, 1980 to 17.7 percent in 2008. Meanwhile, OF 2011—MOTION TO PROCEED the bill that will change the patent median household income—the income Mr. REID. Mr. President, I move to system in this country. That has need- of the typical American family—is now proceed to Calendar No. 17, S. 493. ed changing for 60 years, and we have 5 percent lower than it was in the late The PRESIDING OFFICER. The clerk will report the motion. done that. 1990s. To eliminate programs that are Now they are blocking our going to a The assistant legislative clerk read critically important to working fami- small business bill, another bipartisan lies while maintaining tax cuts for as follows: bill. Senator SNOWE, the ranking mem- those whose incomes have soared would Motion to proceed to Calendar No. 17, (S. ber of that committee, has worked be a grave injustice. 493), a bill to reauthorize and improve the with Senator LANDRIEU to move this There are also other revenues we SBIR and STTR programs, and for other pur- bill forward. Who is holding up our could look to if we are truly serious poses. going to this very important jobs bill? about deficit reduction. There are a CLOTURE MOTION I hope the Republicans in the House number of tax loopholes we can close. Mr. REID. I have a cloture motion at are understanding what we are doing For example, we should not continue to the desk. I ask that it be reported. over here, creating jobs. give corporations a tax deduction when The PRESIDING OFFICER. The clo- With those two bills I have just men- they send American jobs overseas. We ture motion having been presented tioned, the patent bill and the bill deal- should not allow corporations and under rule XXII, the Chair directs the ing with the Federal Aviation Adminis- wealthy individuals to avoid U.S. taxes clerk to read the motion. tration, that is 580,000 jobs. So I am by hiding assets and income in offshore The assistant legislative clerk read very disappointed I had to file cloture tax havens. We should not allow hedge as follows: on proceeding to a small business jobs fund managers to earn enormous in- CLOTURE MOTION bill. comes and yet pay a lower tax rate We, the undersigned Senators, in accord- f than their secretaries pay. ance with the provisions of rule XXII of the The American people are looking to Standing Rules of the Senate, hereby move MORNING BUSINESS us. They are concerned about the size to bring to a close debate on the motion to Mr. REID. Mr. President, I ask unan- of the deficit and the effect it might proceed to Calendar No. 17, S. 493, a bill to imous consent that the Senate proceed reauthorize and improve the SBIR and STTR have on future generations. But they to a period of morning business, with also reject the notion that Draconian programs, and for other purposes. Harry Reid, Mary L. Landrieu, Benjamin Senators permitted to speak for up to cuts—cuts that fall hardest on working L. Cardin, Charles E. Schumer, Daniel 10 minutes each. families—are the answer. They see the K. Inouye, Joseph I. Lieberman, Ber- The PRESIDING OFFICER. Without wisdom and the fairness in making nard Sanders, Debbie Stabenow, Pat- objection, it is so ordered. sure all Americans share in the sac- rick J. Leahy, Tom Harkin, Kay R. f rifices that will be required as we seek Hagan, Michael F. Bennet, Al Franken, to reduce our deficit. Herb Kohl, Sheldon Whitehouse, Thom- ETHANOL SUBSIDIES AND We have an opportunity now to show as R. Carper, Richard J. Durbin. TARIFFS the American people that we under- Mr. REID. I now ask unanimous con- Mrs. FEINSTEIN. Mr. President, I stand too. We can craft a plan now that sent that the cloture vote occur imme- have introduced legislation, with my

VerDate Mar 15 2010 00:32 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S10MR1.REC S10MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S1544 CONGRESSIONAL RECORD — SENATE March 10, 2011 colleague Senator WEBB, to repeal corn This discourages imports of low car- ergy tax policies that reduce pollution, ethanol subsidies and reduce ethanol bon biofuel from Brazil, India, Aus- create jobs, and improve our inter- tariffs. tralia, and other sugar producing coun- national relationships. This legislation has two major provi- tries, and it leads to more oil and gaso- Mr. President, I ask unanimous con- sions. line imports from OPEC countries that sent that the text of the bill be printed First, it repeals the 45 cent per gallon enter the United States tariff-free. in the RECORD. corn ethanol blender subsidies—26 Reducing the ethanol tariff will di- There being no objection, the mate- U.S.C. 6426(b) and 26 U.S.C. 40(h)—as of versify our fuel supply, replace oil im- rial was ordered to be printed in the July 1, 2011, eliminating the corn eth- ports from OPEC countries with low RECORD, as follows: anol subsidy six months early and sav- carbon biofuel from our allies, and ex- S. 530 ing approximately $3 billion for Amer- pand our trade relationships with Be it enacted by the Senate and House of Rep- ican taxpayers. democratic states. resentatives of the United States of America in The bill would not affect the credit The data overwhelmingly dem- Congress assembled, for noncorn, second generation ‘‘ad- onstrate that the costs of the current SECTION 1. ETHANOL ELIGIBLE FOR BLENDER vanced biofuels’’ through 2011. corn ethanol subsidy and tariff far out- INCOME TAX AND FUEL EXCISE TAX Second, the bill would lower the tar- weigh the benefits. CREDITS. iff on imported ethanol to the per gal- The Center for Agricultural and (a) INCOME TAX CREDIT.—Section 40(h) of Rural Development at Iowa State Uni- the Internal Revenue Code of 1986 is amended lon level of ethanol subsidies, to rees- by adding at the end the following new para- tablish parity between the subsidy and versity recently estimated that a 1- year extension of the ethanol subsidy graph: the offsetting tariffs. ‘‘(4) ETHANOL ELIGIBLE FOR CREDIT.—In the This removes the real trade barrier and tariff would lead to only 427 addi- case of any sale or use for any period after on imported ethanol, but also prevents tional direct domestic jobs at a cost of June 30, 2011, this subsection shall apply only foreign producers from benefitting almost $6 billion, or roughly $14 mil- to ethanol which qualifies as an advanced from U.S. subsidies. lion of taxpayer money per job. biofuel (as defined in section 211(o)(1)(B) of This legislation is necessary because According to a July 2010 study by the the Clean Air Act (42 U.S.C. 7545(o)(1)(B))).’’. Congressional Budget Office, ethanol (b) EXCISE TAX CREDIT.—Section 6426(b) of the 54 cent-per-gallon tariff on ethanol the Internal Revenue Code of 1986 is amended imports and the 45 cent-per-gallon corn tax credits cost taxpayers $1.78 for each gallon of gasoline consumption re- by adding at the end the following new para- ethanol subsidy are fiscally irrespon- graph: duced, and $750 for each metric ton of sible and environmentally unwise. ‘‘(7) ETHANOL ELIGIBLE FOR CREDIT.—In the And their recent, 1-year extension in carbon dioxide equivalent emissions re- case of any sale, use, or removal for any pe- December 2010 made our country more duced. riod after June 30, 2011, no credit shall be de- dependent on foreign oil. The ethanol subsidy and the ethanol termined under this subsection with respect Subsidizing blending ethanol into tariffs also threaten our environment. to an alcohol fuel mixture in which any of They support and protect signifi- the alcohol consists of ethanol unless the gasoline is fiscally indefensible. cantly more corn production in the ethanol qualifies as an advanced biofuel (as If the current subsidy were to exist Mississippi River watershed, which ex- defined in section 211(o)(1)(B) of the Clean through 2014 as the industry has pro- perts believe is a primary cause of a Air Act (42 U.S.C. 7545(o)(1)(B))).’’. posed, the Federal Treasury would pay ‘‘dead zone’’ in the Gulf of Mexico. (c) EFFECTIVE DATE.—The amendments oil companies at least $31 billion to use made by this section shall apply to any sale, The current ethanol subsidy lacks 69 billion gallons of corn ethanol that use, or removal for any period after June 30, any requirement that the subsidized the Federal Renewable Fuels Standard 2011. fuel lead to a reduction in greenhouse already requires them to use under the SEC. 2. ETHANOL TARIFF-TAX PARITY. gas pollution. Clean Air Act. Not later than 30 days after the date of the And the tariff on ethanol imports enactment of this Act, and semiannually We cannot afford to pay industry for also prevents greater use of imported following the law. thereafter, the President shall reduce the ethanol made from sugarcane. temporary duty imposed on ethanol under According to this month’s Govern- Both the U.S. Environmental Protec- subheading 9901.00.50 of the Harmonized Tar- ment Accountability Office report on tion Agency and the California Air Re- iff Schedule of the United States by an ‘‘Opportunities to Reduce Potential sources Board agree that putting sug- amount equal to the reduction in any Fed- Duplication in Government Programs, arcane ethanol in our current cars and eral income or excise tax credit under sec- Save Tax Dollars, and Enhance Rev- trucks results in the least greenhouse tion 40(h), 6426(b), or 6427(e)(1) of the Internal enue’’: Revenue Code of 1986 and take any other ac- gas pollution, of all widely available tion necessary to ensure that the combined The ethanol tax credit and the renewable options. fuel standard can be duplicative in stimu- temporary duty imposed on ethanol under In contrast, the legislation I am in- such subheading 9901.00.50 and any other lating domestic production and use of eth- troducing would—for the first time— anol, and can result in substantial loss of duty imposed under the Harmonized Tariff revenue to the Treasury. limit subsidies only to ‘‘advanced Schedule of the United States is equal to, or biofuels’’ that reduce pollution at least lower than, any Federal income or excise tax GAO found that the ethanol tax cred- 50 percent and are produced from credit applicable to ethanol under the Inter- it, which will cost about $5.7 billion in noncorn biomass, such as cellulose, nal Revenue Code of 1986. 2011, is largely unneeded to ensure de- switchgrass, or algae. f mand for domestic ethanol production. And it would level the playing field CONTINUING APPROPRIATIONS The agency recommends that Con- for low carbon biofuel imports, which gress reconsider the necessity of the must compete against dirty oil from Ms. KLOBUCHAR. Mr. President, I tax credit, given the effectiveness of OPEC. rise today to speak about the Senate the renewable fuel standard, which is Historically our government has votes on H.R. 1 and Inouye amendment administered by EPA. helped a product compete in one of No. 149 regarding spending levels for This legislation would simply imple- three ways: subsidize it, protect it from the remainder of this fiscal year. ment the GAO’s recommendation by competition, or require its use. I opposed H.R. 1 because it called for repealing this wasteful subsidy 6 To my knowledge, corn ethanol is the severe cuts with little or no thought to months early. only product receiving all three forms the economic consequences. By cutting In addition, this legislation would ad- of support from the U.S. government at programs that support our seniors and dress the tariffs on ethanol that make this time. veterans, as well as programs that con- our country more dependent on foreign By eliminating ethanol subsidies and tribute to our economic activity, H.R. oil. trade barriers, this legislation would 1 would have jeopardized our economic The combined tariffs on ethanol are produce a smaller budget deficit; a recovery at a critical time. 11 to 15 cents per gallon higher than healthier Gulf of Mexico ecosystem; I voted for the necessary spending the ethanol subsidy it supposedly off- less global warming pollution; and re- cuts included in the Inouye amendment sets, and this lack of parity puts im- duced dependence on imported oil. because I saw it as a start, not an end. ported ethanol at a competitive dis- I look forward to working with my I believe additional cuts are needed to advantage against imported oil. colleagues to advance responsible en- address our fiscal challenges. I am very

VerDate Mar 15 2010 00:32 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S10MR1.REC S10MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE March 10, 2011 CONGRESSIONAL RECORD — SENATE S1545 supportive of the bipartisan negotia- cated individuals who work tirelessly I also urge my colleagues to work tions that are taking place for a longer at hospitals, medical centers, doctors’ with local eye banks and the Eye Bank term comprehensive deficit reduction offices, and eye banks across the coun- Association of America to promote the plan and I would like us to move for- try to educate the public on the need precious gift of eye donation. While ward with the more difficult task of ad- for cornea donations and work with the 700,000 people have had their sight re- dressing our long-term fiscal chal- transplant teams. stored since 1961, tens of thousands lenges. We continue to give thanks to eye more are waiting. f donors—and their families—who of- During this year’s Eye Donor Month, fered one last remarkable gift because I thank all those who continue to pro- AMERICA INVENTS ACT they had the foresight to become organ mote and advocate for eye donation Mrs. MCCASKILL. I would like to donors. and the gift of sight it gives. discuss my amendment, No. 139, to S. Eye donation provides a precious sec- f 23, the America Invents Act, on pend- ond chance at clear vision for those ing claims in false marking cases. I with ocular diseases. Approximately ADDITIONAL STATEMENTS want to raise the issue so we can con- 11.4 million Americans experience se- sider it in the future as this legislation vere visual problems that are not cor- TRIBUTE TO JD WAGGONER progresses. rectable by glasses. A parent or grand- The Patent Act provides a cause of parent cannot see their children or ∑ Mr. ROCKEFELLER. Mr. President, action against those who ‘‘falsely grandchildren play a little league game today I pay tribute to a dedicated pro- claim that their products are patented. or walk across the stage at graduation. fessional who has worked at the West A successful false-marking claimant And many children experience momen- Virginia Library Commission for 40 must prove two elements: first, that an tous life events—and everyday hap- years, including 9 years as its execu- unpatented article has been marked as penings—without the eyesight that tive director, Mr. JD Waggoner. patented; and second that the marking many of us take for granted. JD Waggoner is a true leader and ef- was done with intent to deceive the Thankfully and miraculously, fective advocate for libraries. I have public. These actions can hurt small through eye donation and corneal been extraordinarily proud to work businesses, start-ups and inventors who transplants, vision that has been lost closely with him over many years, and will be deterred from competing with to disease or injury or infection can be I understand and appreciate the special such products. restored. Since 1961, more than 700,000 role that libraries play in communities The underlying bill alters the false corneal transplants have been per- across our State. In addition to his marking provision by stipulating that formed to restore sight to children as leadership at the commission, JD also the statute may only be privately en- young as 1 day old and adults as old as has been a volunteer fireman which is forced by a person who has suffered a 103. And corneal transplants are highly another sign of his community service. competitive injury. In addition, dam- successful; 90 percent of all corneal Thanks to the leadership of JD and ages would be limited to those that are transplant operations effectively re- others, our libraries are connected to adequate to compensate for the injury. store sight to the patient. Each year, the Internet and provide quality serv- However, the legislation would also eye banks across the country provide ices to West Virginians. We worked to- apply the newer rules to pending 52,000 corneal grafts for transplan- gether on the program I helped to cre- claims. These include claims that are tation. ate in the 1996 Telecommunications now in the court system and under ne- Ohio’s Central Ohio Lions Eye Bank, Act known as the E-Rate. This dis- gotiation. By changing the rules in COLEB, in Columbus performed cor- count program provides $2.25 billion in pending claims, the legislation allows neal transplants for 340 patients in discounts for telecommunications, potential wrongdoers to use the new 2010. COLEB gave these 340 patients an Internet access and internal connec- law to protect themselves from past opportunity to regain their sight and, tions to libraries and schools nation- conduct. with that, the ability to see their loved wide. In West Virginia, it provides over This sets a bad precedent for our ones again—or for the first time. In $10 million each year to libraries and legal system and could absolve poten- southern Ohio, the Cincinnati Eye schools. JD Waggoner and his team tial wrongdoers. My amendment would Bank for Sight Restoration, Inc., have done an amazing job in managing simply require that the changes to partnered with physicians at the Uni- this program and helping the smaller, false marking provisions to apply only versity of Cincinnati to establish pro- rural libraries deal with the paperwork to prospective cases going forward. grams for public and professional edu- and challenges. Thanks to this access, Small businesses and inventors that cation as well as conduct ocular med- our libraries now provide access to have expended considerable resources ical research. The Cincinnati Eye Bank thousands of current publications for to protect themselves should not be pe- is able to serve 30 hospitals in south- patrons to enjoy and learn. nalized by a provision that retro- western Ohio, northern Kentucky, and The Library Commission also has a actively eliminates pending claims. eastern Indiana. In northern Ohio, the special initiative known as Learning My amendment is not an attempt to Cleveland Eye Bank, which serves Express. This program provides access gut or strike the false markings provi- nearly 5 million people and more than to practice tests on a wide range of sion. It is simply a modification to ad- 60 hospitals in northern Ohio, created programs from the GED, ACT and SAT, dress the concerns of current litigants, the Lasting Legacy program to honor and other professional licenses. This consumers and small businesses. I urge the families of eye donors by publicly means that individuals can visit their my colleagues to strongly consider this recognizing the donors’ amazing gift of libraries and, for free, take practice on- issue going forward. sight. line exams to prepare for the real tests f Simply put, corneal transplants— rather than pay expensive fees. This is made possible through eye donors— a truly wonderful opportunity to help EYE DONOR MONTH change people’s lives. West Virginians advance their edu- Mr. BROWN of Ohio. Mr. President, But more must be done. Some 1,600 cation. The director and the Library March is National Eye Donor Month— Ohioans each year could have their Commission are the support network a month—to honor those who have re- sight restored through corneal trans- for our libraries and the services range stored sight to blind or vision-impaired plants but are unable to because there from Internet access to story hours and Americans across the country. are not enough organ donors. literacy efforts to hosting community For the last 28 years, since National I encourage all Americans to con- groups and special events include mov- Eye Donor Month was first established sider becoming eye donors. Even those ies or presentations. Libraries are hubs in 1983, the eye donor community has without 20/20 vision or who have cata- of activity and recent studies indicate raised public awareness about the need racts can donate. In Ohio, you can be- people looking for work are more com- for eye donation. come an eye organ donor when you fortable looking for work online at the Every March for each of the past 28 renew your driver’s license. It is that library rather than an employment of- years, our Nation has honored dedi- easy. fice.

VerDate Mar 15 2010 00:32 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S10MR1.REC S10MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S1546 CONGRESSIONAL RECORD — SENATE March 10, 2011 Our West Virginia libraries are true transmitting, pursuant to law, the report of EXECUTIVE REPORTS OF treasures because of the dedication and a rule entitled ‘‘Suspension of Community COMMITTEE Eligibility’’ ((44 CFR Part 64)(Docket No. leadership of JD Waggoner, his team The following executive reports of and local librarians across our states. FEMA–2011–0002)) received in the Office of the President of the Senate on March 9, 2011; nominations were submitted: While JD Waggoner will be deeply to the Committee on Banking, Housing, and By Mr. LEAHY for the Committee on the missed, he most certainly deserves that Urban Affairs. Judiciary. chance to relax and enjoy his retire- EC–860. A communication from the Deputy Jimmie V. Reyna, of Maryland, to be ment. I wish him the very best and to the Chairman, Legal Office, Federal De- United States Circuit Judge for the Federal wanted to share his history with my posit Insurance Corporation, transmitting, Circuit. Senate colleagues.∑ pursuant to law, the report of a rule entitled Caitlin Joan Halligan, of New York, to be ‘‘Assessments, Large Bank Pricing’’ United States Circuit Judge for the District f (RIN3064–AD66) received in the Office of the of Columbia Circuit. MESSAGES FROM THE PRESIDENT President of the Senate on March 9, 2011; to Arenda L. Wright Allen, of Virginia, to be the Committee on Banking, Housing, and United States District Judge for the Eastern Messages from the President of the Urban Affairs. District of Virginia. United State were communicated to EC–861. A communication from the Legal Vincent L. Briccetti, of New York, to be the Senate by Mrs. Neiman, one of his Information Assistant, Office of Thrift Su- United States District Judge for the South- secretaries. pervision, Department of the Treasury, ern District of New York. transmitting, pursuant to law, the report of John A. Kronstadt, of California, to be f a rule entitled ‘‘Standards Governing the Re- United States District Judge for the Central District of California. EXECUTIVE MESSAGES REFERRED lease of a Suspicious Activity Report’’ (RIN1550–AC28) received in the Office of the Michael Francis Urbanski, of Virginia, to As in executive session the Presiding President of the Senate on March 9, 2011; to be United States District Judge for the West- Officer laid before the Senate messages the Committee on Banking, Housing, and ern District of Virginia. from the President of the United Urban Affairs. (Nominations without an asterisk States submitting sundry nominations EC–862. A communication from the Legal were reported with the recommenda- which were referred to the appropriate Information Assistant, Office of Thrift Su- tion that they be confirmed.) pervision, Department of the Treasury, committees. f (The nominations received today are transmitting, pursuant to law, the report of a rule entitled ‘‘Confidentiality of Sus- INTRODUCTION OF BILLS AND printed at the end of the Senate pro- picious Activity Reports’’ (RIN1550–AC26) re- JOINT RESOLUTIONS ceedings.) ceived in the Office of the President of the The following bills and joint resolu- f Senate on March 9, 2011; to the Committee on Banking, Housing, and Urban Affairs. tions were introduced, read the first MESSAGE FROM THE HOUSE EC–863. A communication from the Sec- and second times by unanimous con- At 10:04 a.m., a message from the retary of Health and Human Services, trans- sent, and referred as indicated: House of Representatives, delivered by mitting, pursuant to law, a report entitled By Mr. CARDIN: ‘‘Implementation of the National Correct S. 538. A bill to amend the Neotropical Mi- Mrs. Cole, one of its reading clerks, an- Coding Initiative in the Medicaid Program’’; nounced that pursuant to 15 U.S.C. gratory Bird Conservation Act to reauthor- to the Committee on Finance. ize the Act; to the Committee on Environ- 1024(a), and the order of the House of EC–864. A communication from the Acting ment and Public Works. January 5, 2011, the Speaker appoints Assistant Secretary, Bureau of Legislative By Mr. WHITEHOUSE: the following Members of the House of Affairs, Department of State, transmitting, S. 539. A bill to amend the Public Health Representatives to the Joint Economic pursuant to the Arms Export Control Act, Services Act and the Social Security Act to Committee: Mr. HINCHEY of New York, the certification of a proposed license for the extend health information technology assist- export of defense articles that are controlled Mrs. MALONEY of New York, Ms. LO- ance eligibility to behavioral health, mental under Category I of the United States Muni- RETTA SANCHEZ of California, and Mr. health, and substance abuse professionals tions List sold commercially under contract and facilities, and for other purposes; to the CUMMINGS of Maryland. in the amount of $1,000,000 or more; to the Committee on Finance. f Committee on Foreign Relations. By Mr. LAUTENBERG (for himself, EC–865. A communication from the Acting Mr. DURBIN, Mr. MERKLEY, Mr. SAND- EXECUTIVE AND OTHER Assistant Secretary, Bureau of Legislative ERS, Mr. WYDEN, Mr. MENENDEZ, Mr. COMMUNICATIONS Affairs, Department of State, transmitting, AKAKA, Mrs. GILLIBRAND, and Mrs. The following communications were pursuant to the Arms Export Control Act, MURRAY): the certification of a proposed amendment to laid before the Senate, together with S. 540. A bill to prevent harassment at in- a technical assistance agreement for the ex- stitutions of higher education, and for other accompanying papers, reports, and doc- port of defense articles, to include technical purposes; to the Committee on Health, Edu- uments, and were referred as indicated: data, and defense services for the support of cation, Labor, and Pensions. EC–856. A communication from the Attor- an Airborne Intelligence and Surveillance By Mr. BENNET (for himself, Mr. AL- ney-Advisor, Office of the Secretary, Depart- System (AISS) for the Finland Ministry of EXANDER, Mr. FRANKEN, and Mr. ment of Agriculture, transmitting, pursuant Defense (MOD) in the amount of $50,000,000 or BURR): to law, the report of a rule entitled ‘‘Proce- more; to the Committee on Foreign Rela- S. 541. A bill to amend the Elementary and dures Relating to Awards Under the Equal tions. Secondary Education Act of 1965 to allow Access to Justice Act’’ (RIN0503–AA42) re- EC–866. A communication from the Direc- State educational agencies, local edu- ceived in the Office of the President of the tor, Office of SAFETY Act Implementation, cational agencies, and schools to increase Senate on March 9, 2011; to the Committee Department of Homeland Security, transmit- implementation of schoolwide positive be- on Agriculture, Nutrition, and Forestry. ting, pursuant to law, the report of a rule en- havioral interventions and supports and EC–857. A communication from the Assist- titled ‘‘Regulations Implementing the Sup- early intervening services in order to im- ant Secretary of Defense (Homeland Defense port Anti-terrorism by Fostering the Effec- prove student academic achievement, reduce and Americas’ Security Affairs), transmit- tive Technologies Act of 2002 (the SAFETY disciplinary problems in schools, and to im- ting, pursuant to law, a report relative to Act)’’ (RIN1601–AA15) received in the Office prove coordination with similar activities the Mitigation of Power Outage Risks for of the President of the Senate on March 9, and services provided under the Individuals Department of Defense Facilities and Activi- 2011; to the Committee on Homeland Secu- with Disabilities Education Act; to the Com- ties; to the Committee on Armed Services. rity and Governmental Affairs. mittee on Health, Education, Labor, and EC–858. A communication from the Execu- EC–867. A communication from the Acting Pensions. tive Director and Designated Federal Officer Protected Critical Infrastructure Informa- By Mr. BEGICH: of the Military Leadership Diversity Com- tion (PCII) Program Manager, National Pro- S. 542. A bill to amend title 10, United mission, transmitting, pursuant to law, a re- tection and Programs Directorate, Depart- States Code, to authorize space—available port entitled ‘‘From Representation to Inclu- ment of Homeland Security, transmitting, travel on military aircraft for members of sion: Diversity Leadership for the 21st Cen- pursuant to law, the report of a rule entitled the reserve components, a member or former tury Military’’ and the accompanying execu- ‘‘Procedures for Handling Critical Infra- member of a reserve component who is eligi- tive summary; to the Committee on Armed structure Information’’ (RIN1601–AA14) re- ble for retired pay but for age, widows and Services. ceived in the Office of the President of the widowers of retired members, and depend- EC–859. A communication from the Chief Senate on March 9, 2011; to the Committee ents; to the Committee on Armed Services. Counsel, Federal Emergency Management on Homeland Security and Governmental Af- By Mr. WYDEN (for himself, Ms. Agency, Department of Homeland Security, fairs. SNOWE, Mrs. GILLIBRAND, Mr.

VerDate Mar 15 2010 00:32 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S10MR1.REC S10MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE March 10, 2011 CONGRESSIONAL RECORD — SENATE S1547

MCCAIN, Mr. MENENDEZ, Mr. ENSIGN, Mr. GRASSLEY, Mr. RUBIO, Mr. BURR, By Mr. BINGAMAN (for himself and Mr. NELSON of Florida, and Mr. Mr. ENSIGN, Mr. ALEXANDER, Mr. Mr. UDALL of New Mexico): BURR): JOHANNS, Mr. LIEBERMAN, and Mr. S. 564. A bill to designate the Valles S. 543. A bill to restrict any State or local BROWN of Massachusetts): Caldera National Preserve as a unit of the jurisdiction from imposing a new discrimina- S. 554. A bill to prohibit the use of Depart- National Park System, and for other pur- tory tax on cell phone services, providers, or ment of Justice funds for the prosecution in poses; to the Committee on Energy and Nat- property; to the Committee on Finance. Article III courts of the United States of in- ural Resources. By Mrs. FEINSTEIN (for herself and dividuals involved in the September 11, 2001, f Mrs. BOXER): terrorist attacks; to the Committee on the S. 544. A bill to authorize the Secretary of Judiciary. SUBMISSION OF CONCURRENT AND the Interior to conduct a study of alter- By Mr. FRANKEN (for himself, Mr. SENATE RESOLUTIONS natives for commemorating and interpreting HARKIN, Mr. KERRY, Mrs. MURRAY, the role of the Buffalo Soldiers in the early Ms. KLOBUCHAR, Mr. MERKLEY, Mr. The following concurrent resolutions years of the National Parks, and for other DURBIN, Mr. LAUTENBERG, Mr. BEN- and Senate resolutions were read, and purposes; to the Committee on Energy and NET, Mr. BLUMENTHAL, Mr. UDALL of referred (or acted upon), as indicated: Natural Resources. Colorado, Ms. MIKULSKI, Mr. LEAHY, By Mr. KOHL (for himself, Mr. DURBIN, By Mr. UDALL of Colorado: Mr. SANDERS, Mr. BINGAMAN, Mr. Mr. SCHUMER, Mr. HARKIN, Mrs. S. 545. A bill to amend the Energy Employ- WHITEHOUSE, Mr. CARDIN, Mrs. GILLIBRAND, and Mr. BROWN of Ohio): ees Occupational Illness Compensation Pro- BOXER, Mrs. GILLIBRAND, Mr. MENEN- S. Res. 98. A resolution to express the sense gram Act of 2000 to strengthen the quality DEZ, Mr. AKAKA, Mr. SCHUMER, Mr. of the Senate regarding the school breakfast control measures in place for part B lung dis- WYDEN, Mr. BEGICH, Mr. CASEY, Ms. program; to the Committee on Agriculture, ease claims and part E processes with inde- CANTWELL, Mr. BROWN of Ohio, Mrs. Nutrition, and Forestry. pendent reviews; to the Committee on SHAHEEN, Mr. REED, and Mr. COONS): By Mr. DEMINT (for himself, Mr. Health, Education, Labor, and Pensions. S. 555. A bill to end discrimination based BARRASSO, Mr. BURR, Mr. BLUNT, Mr. By Mr. TESTER (for himself and Mr. on actual or perceived sexual orientation or BOOZMAN, Mr. CHAMBLISS, Mr. BAUCUS): gender identity in public schools, and for COBURN, Mr. CORNYN, Mr. CRAPO, Mr. S. 546. A bill to extend the Federal recogni- other purposes; to the Committee on Health, ENSIGN, Mr. ENZI, Mr. GRAHAM, Mr. tion to the Little Shell Tribe of Chippewa In- Education, Labor, and Pensions. GRASSLEY, Mr. HATCH, Mrs. dians of Montana, and for other purposes; to By Mrs. HUTCHISON (for herself and HUTCHISON, Mr. INHOFE, Mr. ISAKSON, the Committee on Indian Affairs. Mr. PRYOR): Mr. JOHANNS, Mr. JOHNSON of Wis- By Mrs. MURRAY: S. 556. A bill to amend the securities laws consin, Mr. KYL, Mr. LEE, Mr. S. 547. A bill to direct the Secretary of to establish certain thresholds for share- MCCAIN, Mr. MORAN, Mr. PAUL, Mr. Education to establish an award program holder registration, and for other purposes; RISCH, Mr. RUBIO, Mr. SESSIONS, Mr. recognizing excellence exhibited by public to the Committee on Banking, Housing, and VITTER, and Mr. WICKER): school system employees providing services Urban Affairs. S. Res. 99. A resolution expressing the to students in pre—kindergarten through By Mr. SCHUMER (for himself, Ms. sense of the Senate that the primary safe- higher education; to the Committee on SNOWE, Mr. BURR, Mr. KERRY, Mr. guard for the well-being and protection of Health, Education, Labor, and Pensions. BROWN of Ohio, Mr. LEVIN, Mr. JOHN- children is the family, and that the primary By Mr. CHAMBLISS (for himself, Mr. SON of South Dakota, Mr. PRYOR, Mr. safeguards for the legal rights of children in GRAHAM, Ms. AYOTTE, Mr. MCCAIN, LEAHY, and Mrs. GILLIBRAND): and Mr. BURR): S. 557. A bill to amend the Internal Rev- the United States are the Constitutions of S. 548. A bill to provide for the effective in- enue Code of 1986 to expand tax-free distribu- the United States and the several States, terrogation of unprivileged enemy belliger- tions from individual retirement accounts and that, because the use of international ents and for other purposes; to the Select for charitable purposes; to the Committee on treaties to govern policy in the United Committee on Intelligence. Finance. States on families and children is contrary By Mr. ENSIGN (for himself, Mr. By Mrs. FEINSTEIN (for herself, Mr. to principles of self-government and fed- eralism, and that, because the United Na- BARRASSO, Mr. MCCAIN, Mr. VITTER, LEAHY, Mr. BINGAMAN, Mrs. BOXER, tions Convention on the Rights of the Child Mr. ENZI, Mr. CRAPO, and Mr. Mr. BROWN of Ohio, Ms. CANTWELL, undermines traditional principles of law in MORAN): Mr. CARDIN, Mr. CASEY, Mr. DURBIN, the United States regarding parents and S. 549. A bill to require the Attorney Gen- Mr. FRANKEN, Mr. HARKIN, Mr. JOHN- children, the President should not transmit eral of the United States to compile, and SON of South Dakota, Ms. the Convention to the Senate for its advice make publically available, certain data re- KLOBUCHAR, Mr. MENENDEZ, Mr. and consent; to the Committee on Foreign lating to the Equal Access to Justice Act, MERKLEY, Ms. MIKULSKI, Mrs. MUR- Relations. and for other purposes; to the Committee on RAY, Mr. ROCKEFELLER, Mr. SANDERS, By Mr. BENNET (for himself, Mrs. the Judiciary. Mr. UDALL of New Mexico, Mr. MURRAY, and Mr. MERKLEY): By Mr. LIEBERMAN (for himself, Ms. WHITEHOUSE, and Mr. WYDEN): COLLINS, Mr. CARPER, and Mr. BROWN S. 558. A bill to limit the use of cluster mu- S. Res. 100. A resolution designating March of Massachusetts): nitions; to the Committee on Foreign Rela- 11, 2011, as ‘‘World Plumbing Day’’; to the S. 550. A bill to improve the provision of tions. Committee on the Judiciary. assistance to fire departments, and for other By Ms. KLOBUCHAR: f purposes; to the Committee on Homeland Se- S. 559. A bill to promote the production curity and Governmental Affairs. and use of renewable energy, and for other ADDITIONAL COSPONSORS By Mr. MCCAIN (for himself, Mr. purposes; to the Committee on Finance. S. 101 GRAHAM, Mr. LIEBERMAN, Mr. By Mr. DURBIN (for himself, Mr. CHAMBLISS, Ms. AYOTTE, and Mr. BROWN of Ohio, and Mr. AKAKA): At the request of Mr. ENSIGN, the BROWN of Massachusetts): S. 560. A bill to amend title XVIII of the name of the Senator from Georgia (Mr. S. 551. A bill to improve procedures for the Social Security Act to deliver a meaningful ISAKSON) was added as a cosponsor of S. detention and review of status of detainees benefit and lower prescription drug prices 101, a bill to amend the Internal Rev- of the United States in connection with the under the Medicare program; to the Com- enue Code of 1986 to improve the oper- continuing armed conflict with al Qaeda, the mittee on Finance. ation of employee stock ownership Taliban, and affiliated groups; to the Com- By Mr. ENZI (for himself and Mr. plans, and for other purposes. mittee on Armed Services. BARRASSO): By Mr. SANDERS (for himself and Ms. S. 561. A bill for the relief of Ashley Ross S. 164 MIKULSKI): Fuller; to the Committee on the Judiciary. At the request of Mr. BROWN of Mas- S. 552. A bill to reduce the Federal budget By Ms. MIKULSKI (for herself, Mr. sachusetts, the names of the Senator deficit by creating a surtax on high income CARDIN, Mrs. MURRAY, Mr. WARNER, from Maine (Ms. COLLINS) and the Sen- individuals and eliminating big oil and gas and Mr. WEBB): company tax loopholes; to the Committee on S. 562. A bill to authorize the Secretary of ator from South Dakota (Mr. THUNE) Finance. Transportation to establish national safety were added as cosponsors of S. 164, a By Mr. GRAHAM (for himself, Mr. standards for transit agencies operating bill to repeal the imposition of with- CHAMBLISS, Mr. MCCAIN, Ms. AYOTTE, heavy rail on fixed guideway; to the Com- holding on certain payments made to and Mr. BURR): mittee on Commerce, Science, and Transpor- vendors by government entities. S. 553. A bill to provide for the review of tation. S. 185 challenges to the detention of unprivileged By Mrs. BOXER: enemy belligerents and for other purposes; to S. 563. A bill to provide for equal access to At the request of Mrs. BOXER, the the Committee on the Judiciary. COBRA continuation coverage; to the Com- name of the Senator from New Jersey By Mr. GRAHAM (for himself, Mr. mittee on Health, Education, Labor, and (Mr. MENENDEZ) was added as a cospon- MCCAIN, Mr. CHAMBLISS, Ms. AYOTTE, Pensions. sor of S. 185, a bill to provide United

VerDate Mar 15 2010 00:32 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S10MR1.REC S10MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S1548 CONGRESSIONAL RECORD — SENATE March 10, 2011 States assistance for the purpose of (Mr. LAUTENBERG) was added as a co- program relating to inspection and eradicating severe forms of trafficking sponsor of S. 418, a bill to award a Con- grading of catfish. in children in eligible countries gressional Gold Medal to the World S. 506 through the implementation of Child War II members of the Civil Air Patrol. At the request of Mr. CASEY, the Protection Compacts, and for other S. 424 names of the Senator from Washington purposes. At the request of Mr. SCHUMER, the (Ms. CANTWELL) and the Senator from S. 253 name of the Senator from Vermont Minnesota (Mr. FRANKEN) were added At the request of Mr. ROCKEFELLER, (Mr. SANDERS) was added as a cospon- as cosponsors of S. 506, a bill to amend the name of the Senator from Con- sor of S. 424, a bill to amend title XVIII the Elementary and Secondary Edu- necticut (Mr. BLUMENTHAL) was added of the Social Security Act to preserve cation Act of 1965 to address and take as a cosponsor of S. 253, a bill to estab- access to ambulance services under the action to prevent bullying and harass- lish a commission to ensure a suitable Medicare program. ment of students. observance of the centennial of World War I, and to designate memorials to S. 425 S. 511 the service of men and women of the At the request of Mr. UDALL of Colo- At the request of Mr. BLUNT, the United States in World War I. rado, the names of the Senator from name of the Senator from Wyoming New Jersey (Mr. MENENDEZ) and the (Mr. ENZI) was added as a cosponsor of S. 325 Senator from Alaska (Ms. MURKOWSKI) S. 511, a bill to amend the Clean Air At the request of Mrs. MURRAY, the name of the Senator from Connecticut were added as cosponsors of S. 425, a Act to provide for a reduction in the (Mr. BLUMENTHAL) was added as a co- bill to amend the Public Health Serv- number of boutique fuels, and for other sponsor of S. 325, a bill to amend title ice Act to provide for the establish- purposes. 10, United States Code, to require the ment of permanent national surveil- S. 512 provision of behavioral health services lance systems for multiple sclerosis, At the request of Mr. BINGAMAN, the to members of the reserve components Parkinson’s disease, and other neuro- name of the Senator from Idaho (Mr. of the Armed Forces necessary to meet logical diseases and disorders. RISCH) was added as a cosponsor of S. pre-deployment and post-deployment S. 436 512, a bill to amend the Energy Policy readiness and fitness standards, and for At the request of Mr. SCHUMER, the Act of 2005 to require the Secretary of other purposes. name of the Senator from Massachu- Energy to carry out programs to de- S. 344 setts (Mr. KERRY) was added as a co- velop and demonstrate 2 small modular At the request of Mr. REID, the name sponsor of S. 436, a bill to ensure that nuclear reactor designs, and for other of the Senator from Rhode Island (Mr. all individuals who should be prohib- purposes. WHITEHOUSE) was added as a cosponsor ited from buying a firearm are listed in S. 516 of S. 344, a bill to amend title 10, the national instant criminal back- At the request of Mrs. HUTCHISON, the United States Code, to permit certain ground check system and require a name of the Senator from Alabama retired members of the uniformed serv- background check for every firearm (Mr. SHELBY) was added as a cosponsor ices who have a service-connected dis- sale. of S. 516, a bill to extend outer Conti- ability to receive both disability com- S. 486 nental Shelf leases to accommodate pensation from the Department of Vet- At the request of Mr. WHITEHOUSE, permitting delays and to provide opera- erans Affairs for their disability and ei- the names of the Senator from North tors time to meet new drilling and ther retired pay by reason of their Carolina (Mrs. HAGAN) and the Senator safety requirements. years of military service or Combat- from Vermont (Mr. LEAHY) were added At the request of Ms. LANDRIEU, the Related Special Compensation, and for as cosponsors of S. 486, a bill to amend name of the Senator from Virginia (Mr. other purposes. the Servicemembers Civil Relief Act to WEBB) was added as a cosponsor of S. S. 384 enhance protections for members of the 516, supra. EINSTEIN At the request of Mrs. F , the uniformed services relating to mort- S. CON. RES. 4 name of the Senator from Georgia (Mr. gages, mortgage foreclosure, and evic- At the request of Mr. SCHUMER, the ISAKSON) was added as a cosponsor of S. tion, and for other purposes. name of the Senator from Illinois (Mr. 384, a bill to amend title 39, United S. 488 KIRK) was added as a cosponsor of S. States Code, to extend the authority of At the request of Mr. CARDIN, the Con. Res. 4, a concurrent resolution ex- the United States Postal Service to name of the Senator from Georgia (Mr. pressing the sense of Congress that an issue a semipostal to raise funds for ISAKSON) was added as a cosponsor of S. appropriate site on Chaplains Hill in breast cancer research. 488, a bill to require the FHA to equi- Arlington National Cemetery should be S. 398 tably treat homebuyers who have re- provided for a memorial marker to At the request of Mr. BINGAMAN, the paid in full their FHA-insured mort- honor the memory of the Jewish chap- name of the Senator from New Hamp- gages, and for other purposes. lains who died while on active duty in shire (Mrs. SHAHEEN) was added as a co- the Armed Forces of the United States. sponsor of S. 398, a bill to amend the S. 494 Energy Policy and Conservation Act to At the request of Mr. LIEBERMAN, the S. RES. 65 improve energy efficiency of certain name of the Senator from North Caro- At the request of Mr. WICKER, the appliances and equipment, and for lina (Mrs. HAGAN) was added as a co- name of the Senator from Arizona (Mr. other purposes. sponsor of S. 494, a bill to amend the KYL) was added as a cosponsor of S. S. 409 Public Health Service Act to establish Res. 65, a resolution expressing the At the request of Mr. SCHUMER, the a national screening program at the sense of the Senate that the conviction name of the Senator from Pennsyl- Centers for Disease Control and Pre- by the Government of Russia of busi- vania (Mr. CASEY) was added as a co- vention and to amend title XIX of the nessman Mikhail Khodorkovsky and sponsor of S. 409, a bill to ban the sale Social Security Act to provide States Platon Lebedev constitutes a politi- of certain synthetic drugs. the option to increase screening in the cally motivated case of selective arrest S. 414 United States population for the pre- and prosecution that flagrantly under- At the request of Mr. DURBIN, the vention, early detection, and timely mines the rule of law and independence name of the Senator from South Da- treatment of colorectal cancer. of the judicial system of Russia. kota (Mr. JOHNSON) was added as a co- S. 496 f sponsor of S. 414, a bill to protect girls At the request of Mr. MCCAIN, the in developing countries through the names of the Senator from Massachu- STATEMENTS ON INTRODUCED prevention of child marriage, and for setts (Mr. BROWN) and the Senator BILLS AND JOINT RESOLUTIONS other purposes. from New Hampshire (Mrs. SHAHEEN) By Mr. CARDIN: S. 418 were added as cosponsors of S. 496, a S. 538. A bill to amend the At the request of Mr. HARKIN, the bill to amend the Food, Conservation, Neotropical Migratory Bird Conserva- name of the Senator from New Jersey and Energy Act to repeal a duplicative tion Act to reauthorize the Act; to the

VerDate Mar 15 2010 00:32 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S10MR1.REC S10MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE March 10, 2011 CONGRESSIONAL RECORD — SENATE S1549 Committee on Environment and Public omy through wildlife watching activi- the military or in many cases, lost Works. ties. their loved one in war. In Alaska, we Mr. CARDIN. Mr. President, today I This legislation is cost-effective, understand how important surviving am introducing the Neotropical Migra- budget-friendly, and has been a highly spouses are. The Tragedy Assistance tory Bird Conservation Act. This bill successful Federal program. This sim- Program, or as it’s more commonly promotes long-term conservation, edu- ple reauthorization bill will make sure known—TAPS, was founded in my cation, research, monitoring, and habi- that this good work continues. State. tat protection for more than 350 species Mr. President, I ask unanimous con- To correct these inequities, I am re- of neotropical migratory birds that sent that the text of the bill be printed introducing the National Guard, Re- breed in North America in the summer in the RECORD. serve, ‘‘Gray Area’’ Retiree, and Sur- and spend our winters in tropical cli- There being no objection, the text of viving Spouse Space-available Travel mates south of our border. Through its the bill was ordered to be printed in Equity Act. This bill will give these de- successful competitive, matching grant the RECORD, as follows: serving individuals comprehensive and program, the U.S. Fish and Wildlife S. 538 equitable space-available travel privi- Service supports public-private part- Be it enacted by the Senate and House of Rep- leges on Department of Defense air- nerships to countries mostly in Latin resentatives of the United States of America in craft. The bill is endorsed by the Na- America and the Caribbean. Up to one Congress assembled, tional Guard Association of the United quarter of the funds may be awarded SECTION 1. REAUTHORIZATION OF States. for domestic projects. NEOTROPICAL MIGRATORY BIRD I urge my colleagues to join me in This legislation aims to sustain CONSERVATION ACT. Section 10 of the Neotropical Migratory giving parity to our reserve component healthy populations of migratory birds Bird Conservation Act (16 U.S.C. 6109) is members and surviving military that are not only beautiful to look at amended to read as follows: spouses. but help our farmers by consuming bil- ‘‘SEC. 10. AUTHORIZATION OF APPROPRIATIONS. Mr. President, I ask unanimous con- lions of harmful insect pests each year. ‘‘(a) IN GENERAL.—There are authorized to sent that the text of the bill be printed These vulnerable bird populations face be appropriated to carry out this Act such in the RECORD. many environmental factors such as sums as are necessary for each of fiscal years There being no objection, the text of pesticide pollution, deforestation, 2012 through 2017. the bill was ordered to be printed in sprawl, and invasive species that ‘‘(b) USE OF FUNDS.—Of the amounts made the RECORD, as follows: threaten their habitat and, ultimately, available under subsection (a) for each fiscal S. 542 year, not less than 75 percent shall be ex- their survival. As good indicators of a pended for projects carried out at a location Be it enacted by the Senate and House of Rep- healthy ecosystem, it is troubling that, outside of the United States.’’. resentatives of the United States of America in according to the National Audubon So- Congress assembled, ciety, at least 29 species of migratory By Mr. BEGICH: SECTION 1. SHORT TITLE. birds are experiencing significant popu- S. 542. A bill to amend title 10, This Act may be cited as the ‘‘National lation declines. For example, popu- United States Code, to authorize space- Guard, Reserve, ‘‘Gray Area’’ Retiree, and Surviving Spouses Space-available Travel lations of the Cerulean Warbler and available travel on military aircraft Equity Act of 2011’’. Olive-Sided Flycatcher have declined for members of the reserve compo- SEC. 2. ELIGIBILITY OF RESERVE MEMBERS, as much as 70 percent since surveys nents, a member or former member of GRAY-AREA RETIREES, WIDOWS AND began in the 1960s. a reserve component who is eligible for WIDOWERS OF RETIRED MEMBERS, The Baltimore Oriole, the State bird retired pay but for age, widows and AND DEPENDENTS FOR SPACE- AVAILABLE TRAVEL ON MILITARY of my home state of Maryland, has widowers of retired members, and de- AIRCRAFT. been experiencing a decline in popu- pendents; to the Committee on Armed (a) ELIGIBILITY.—Chapter 157 of title 10, lation despite being protected by Fed- Services. United States Code, is amended by inserting eral law under the Migratory Bird Mr. BEGICH. Mr. President, today I after section 2641b the following new section: Treaty Act of 1918 and the State of am pleased to introduce the Space ‘‘§ 2641c. Space-available travel on Depart- Maryland’s Nongame and Endangered Available Equity Act. ment of Defense aircraft: reserve members, Species Conservation Act. Destruction Members and retirees of the National reserve members eligible for retired pay of their domestic breeding habitat and Guard and Reserve, their families, and but for age; widows and widowers of re- tropical winter habitat, coupled with surviving military spouses make great tired members and dependents the toxic pesticides ingested by insects sacrifices for our nation. However, too ‘‘(a) RESERVE MEMBERS.—A member of a reserve component holding a valid Uni- which are then eaten by the Oriole, has often these individuals do not receive formed Services Identification and Privilege significantly contributed to this de- the benefits they have earned for their Card shall be provided transportation on De- cline. It is essential that we invest in service. partment of Defense aircraft, on a space- conservation efforts in our country as In Alaska, the National Guard con- available basis, on the same basis as active well as others along the migratory ducts more search and rescue missions duty members of the uniformed services route of the wide range of migratory in the most challenging terrain than under any other provision of law or Depart- birds. This legislation accomplishes any other state. They save lives every ment of Defense regulation. this goal. day in their state role and frequently ‘‘(b) RESERVE RETIREES UNDER APPLICABLE ELIGIBILITY AGE.—A member or former mem- The Neotropical Migratory Bird Con- deploy just like their active duty ber of a reserve component who, but for servation Act has a proven track counter-parts. The demands on our re- being under the eligibility age applicable to record of reversing habitat loss and ad- serve component have been higher than the member under section 12731 of this title, vancing conservation strategies for the ever before. Yet members of the re- otherwise would be eligible for retired pay broad range of neotropical birds that serve components and ‘‘gray area’’ re- under chapter 1223 of this title shall be pro- populate the United States and the rest tirees, National Guardsman or Reserv- vided transportation on Department of De- of the Western hemisphere. According ist eligible for retirement but under fense aircraft, on a space-available basis, on to the U.S. Fish and Wildlife Service, the age of 60, have limited travel privi- the same basis as members of the armed forces entitled to retired pay under any between 2002 and 2010, this program has leges on Department of Defense air- other provision of law or Department of De- successfully supported 333 projects, co- craft under current regulation. Their fense regulation. ordinated by groups in 48 U.S. State/ space-available travel benefits are re- ‘‘(c) WIDOWS AND WIDOWERS OF RETIRED territories and 36 countries. Addition- stricted to the continental United MEMBERS.— ally, it is a great value for taxpayers as States and are not extended to their ‘‘(1) IN GENERAL.—An unremarried widow it leverages over $4.00 for each Federal dependents, unlike active duty mem- or widower of a member of the armed forces dollar spent. Since 2002, the U.S. has bers and retirees. described in paragraph (2) shall be provided invested more than $25 million in 262 Surviving spouses of a military mem- transportation on Department of Defense aircraft, on a space-available basis, on the projects and leveraged an additional ber eligible for retired pay retain no same basis as members of the armed forces $112 million in partner funds to support space-available travel privileges at all entitled to retired pay under any other pro- these projects. It also helps to generate after the death of their spouse, despite vision of law or Department of Defense regu- $2.7 billion annually for the U.S. econ- having made a lifetime commitment to lation.

VerDate Mar 15 2010 00:32 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S10MR1.REC S10MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S1550 CONGRESSIONAL RECORD — SENATE March 10, 2011 ‘‘(2) MEMBERS COVERED.—A member of the the wireless industry, and restrict ac- try bravely and the National Parks armed forces referred to in paragraph (1) is a cess to the Internet. they worked to establish are part of member who— In order to make sure that wireless the legacy they leave behind. Unfortu- ‘‘(A) is entitled to retired pay; technology can continue to flourish I nately, this unique aspect of their his- ‘‘(B) dies in line of duty while on active am introducing the Wireless Tax Fair- duty and is not eligible for retired pay; or tory is neither widely recognized nor ‘‘(C) in the case of a member of a reserve ness Act. This legislation will keep remembered. This legislation would ad- component, dies as a result of a line of duty American companies competitive by dress that by authorizing a study to de- condition and is not eligible for retired pay. putting the brakes on unfair wireless termine the most appropriate way to ‘‘(d) DEPENDENTS.—A dependent of a mem- tax increases—allowing American com- memorialize the Buffalo Soldiers. ber or former member described in either panies to remain leaders in innovation, Money procured under the act would be subsections (a) or (b) or of a deceased mem- making it easier for Americans to af- used to determine the feasibility of es- ber entitled to retired pay holding a valid ford these services and providing an af- Uniformed Services Identification and Privi- tablishing a national historic trail lege Card and a surviving unremarried fordable way for consumers to access along the route traveled by the Buffalo spouse and the surviving dependent of a de- the Internet. The technology that is Soldiers, scout for properties to add to ceased member or former member described developed and deployed in America the National Register of Historic in subsection (b) holding a valid Uniformed paves the way for the same American Places, and develop educational initia- Services Identification and Privilege Card technology to be deployed overseas, tives and a public awareness campaign shall be provided transportation on Depart- creating and sustaining good American about the contribution of African- ment of Defense aircraft, on a space-avail- jobs. American soldiers after the Civil War. able basis, if the dependent is accompanying In an era when a new cellphone, the member or, in the case of a deceased Although the experiences of the Buf- smartphone, or tablet is introduced falo Soldiers are an important piece of member, is the surviving unremarried spouse nearly every month it is essential that of the deceased member or is a dependent ac- our national history, we are in danger companying the surviving unremarried the market for these products is deter- of losing their legacy to the passage of spouse of the deceased member. mined by consumers and not by dis- time unless we take conscious steps to ‘‘(e) DEFINITION OF DEPENDENT.—In this proportionately high taxes. 17 percent preserve the memory. This legislation section, the term ‘dependent’ has the mean- of American families earning less than works to ensure that the contributions ing given that term in section 1072 of this $30,000 rely on a wireless device to ac- title.’’. of the Buffalo Soldiers will be remem- cess the Internet. The deployment and bered and shared by all. I urge my col- (b) CLERICAL AMENDMENT.—The table of availability of such services needs to sections at the beginning of such chapter is leagues to join me in their support for amended by inserting after the item relating be encouraged by keeping prices afford- this measure. to section 2641b the following new item: able for both individuals and businesses Mr. President, I ask unanimous con- ‘‘2641c. Space-available travel on Depart- through a fair and reasonable tax re- sent that the text of the bill be printed gime. ment of Defense aircraft: re- in the RECORD. In order to make sure that our walk serve members, reserve mem- There being no objection, the text of is consistent with our talk on pro- bers eligible for retired pay but the bill was ordered to be printed in for age; widows and widowers of moting American innovation, it is time the RECORD, as follows: retired members and depend- to place a moratorium on discrimina- ents.’’. tory wireless taxes and fees. I hope our S. 544 colleagues will join us in supporting Be it enacted by the Senate and House of Rep- By Mr. WYDEN (for himself, Ms. this bill. resentatives of the United States of America in SNOWE, Mrs. GILLIBRAND, Mr. Congress assembled, MCCAIN, Mr. MENENDEZ, Mr. EN- By Mrs. FEINSTEIN (for herself SECTION 1. SHORT TITLE. SIGN, Mr. NELSON of Florida, and Mrs. BOXER): This Act may be cited as the ‘‘Buffalo Sol- and Mr. BURR): S. 544. A bill to authorize the Sec- diers in the National Parks Study Act’’. S. 543. A bill to restrict any State or retary of the Interior to conduct a SEC. 2. FINDINGS AND PURPOSE. local jurisdiction from imposing a new study of alternatives for commemo- (a) FINDINGS.—The Congress finds the fol- lowing: discriminatory tax on cell phone serv- rating and interpreting the role of the ices, providers, or property; to the (1) In the late 19th century and early 20th Buffalo Soldiers in the early years of century, African-American troops who came Committee on Finance. the National Parks, and for other pur- to be known as the Buffalo Soldiers served in Mr. WYDEN. Mr. President, today I poses; to the Committee on Energy and many critical roles in the western United rise to introduce the Wireless Tax Fair- Natural Resoruces. States, including protecting some of the first ness Act and I am delighted and hon- Mrs. FEINSTEIN. Mr. President, I National Parks. ored to be joined in this effort by Sen- rise today on behalf of myself and Sen- (2) Based at the Presidio in San Francisco, ators SNOWE, GILLIBRAND, ENSIGN, ator BOXER to introduce the Buffalo Buffalo Soldiers were assigned to Sequoia MENENDEZ, MCCAIN, BURR, and Senator Soldiers in the National Parks Study and Yosemite National Parks where they pa- NELSON from Florida. Act. This legislation is an important trolled the backcountry, built trails, stopped poaching, and otherwise served in the roles I want to start with an interesting step in preserving the legacy of the fact that I read a few months ago, later assumed by National Park rangers. Army’s first all-black infantry and cav- (3) The public would benefit from having which is that over 20 percent of Ameri- alry units and their unique role in the opportunities to learn more about the Buf- cans have gotten rid of their land line creation of our National Park system. falo Soldiers in the National Parks and their telephone service in favor of wireless The Buffalo Soldiers served bravely contributions to the management of Na- mobile technology. Unfortunately, as in campaigns both at home and abroad tional Parks and the legacy of African-Amer- more and more people make this shift, before being stationed at the military icans in the post-Civil War era. they are being forced to pay higher and Presidio in San Francisco and being (4) As the centennial of the National Park higher state and local taxes for their given charge of patrolling the National Service in 2016 approaches, it is an especially wireless service. Since 2007 the average appropriate time to conduct research and in- Park system. Although first tasked crease public awareness of the stewardship wireless tax rate consumers have to with taming the frontier, these troops role the Buffalo Soldiers played in the early pay rose by 1.1 percentage points, from also took on the responsibility of pre- years of the National Parks. 15.2 percent to 16.3 percent. At a time serving that wilderness for future gen- (b) PURPOSE.—The purpose of this Act is to when the Federal Government is trying erations. Each summer, Buffalo Soldier authorize a study to determine the most ef- to improve consumer access to devel- regiments traveled roughly 320 miles fective ways to increase understanding and oping technologies and broadband from San Francisco to either Sequoia public awareness of the critical role that the Internet in particular, does it make or Yosemite National Park, where they Buffalo Soldiers played in the early years of the National Parks. sense to have local, state, and Federal patrolled the parks for poachers and SEC. 3. STUDY. Governments forcing higher taxes on loggers, built trails, and escorted visi- (a) IN GENERAL.—The Secretary of the In- them? The answer is no, especially as tors. They were, in essence if not in terior shall conduct a study of alternatives 3G and 4G emerge as dominant wireless name, the nation’s first park rangers. for commemorating and interpreting the technologies. These taxes only act to In a time of segregation and adver- role of the Buffalo Soldiers in the early years hurt consumers, stifle innovation in sity, these soldiers served their coun- of the National Parks.

VerDate Mar 15 2010 00:32 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S10MR1.REC S10MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE March 10, 2011 CONGRESSIONAL RECORD — SENATE S1551 (b) CONTENTS OF STUDY.—The study shall plosive devices; and other potential maximum grant amounts available include— threats. under AFG. As commonsense would (1) a historical assessment, based on exten- The responsibilities placed on fire- suggest, large communities often re- sive research, of the Buffalo Soldiers who fighters have only grown more demand- quire a substantial amount of equip- served in National Parks in the years prior to the establishment of the National Park ing. Firefighters respond more and ment, and they will now be able to Service; more to medical emergencies—15.8 mil- apply for funding in amounts more in (2) an evaluation of the suitability and fea- lion in 2008, a 213 percent increase from line with what they need. sibility of establishing a national historic 1980. Right here in Washington, D.C., at Our bill would provide funding for na- trail commemorating the route traveled by Fire Engine Company 10—known as the tional fire safety organizations and in- the Buffalo Soldiers from their post in the ‘‘House of Pain’’ for its grueling sched- stitutions of higher education that Presidio of San Francisco to Sequoia and Yo- ule—80 percent of the calls are for med- wish to create joint programs estab- semite National Parks and to any other Na- ical emergencies. Our nation’s fire- lishing fire safety research centers. tional Parks where they may have served; (3) the identification of properties that fighters—like other first responders— There is a great need for research de- could meet criteria for listing in the Na- are the first to arrive and the last to voted to fire safety and prevention and tional Register of Historic Places or criteria leave whenever trouble hits. They de- improved technology. The work these for designation as National Historic Land- serve all the support we can give them. centers do will help us reduce fire cas- marks; Unfortunately, they do not always ualties among firefighters and civilians (4) an evaluation of appropriate ways to get it. Firefighters often lack the and make communities safer. enhance historical research, education, in- equipment and vehicles they need to do But as important as it is to help our terpretation, and public awareness of the their jobs safely and effectively. In 2006 firefighters, we must also demand ac- story of the Buffalo Soldiers’ stewardship the U.S. Fire Administration reported role in the National Parks, including ways to countability when we spend taxpayer link the story to the development of Na- that 60 percent of fire departments did dollars. For this reason, we require tional Parks and the story of African-Amer- not have enough breathing apparatuses that FEMA create performance man- ican military service following the Civil to equip all firefighters on a shift, 65 agement systems for these programs, War; and percent did not have enough portable complete with quantifiable metrics (5) any other matters that the Secretary of radios, and 49 percent of all fire engines that will allow us to see how well they the Interior deems appropriate for this were at least 15 years old. perform. Going forward, this will allow study. We can and must do more for these us to see what works in these programs (c) REPORT.—Not later than 3 years after brave men and women. We must make funds are made available for the study, the and what does not so that we can make Secretary of the Interior shall submit to the sure they have what they need to pro- needed improvements when required. Committee on Natural Resources of the tect their communities and themselves We have also included provisions to House of Representatives and the Committee as they perform a very dangerous job. prevent earmarks from being attached on Energy and Natural Resources of the Sen- Our bill takes much-needed steps to en- to these programs. AFG and SAFER ate a report containing the study’s findings sure that they do. have never been earmarked—an im- and recommendations. To start with, because career, volun- pressive accomplishment—and we want teer, and combination fire departments By Mr. LIEBERMAN (for himself, to keep it that way. The funding for all suffer from shortages in equipment, Ms. COLLINS, Mr. CARPER, and these programs needs to go to fire- vehicles, and training, our bill requires Mr. BROWN of Massachusetts). fighters, not pet projects. S. 550. A bill to improve the provision that each type receives at least 25 per- Finally, this legislation authorizes of assistance to fire departments, and cent of the available AFG grant fund- $950 million each for these vital pro- for other purposes; to the Committee ing. The remaining funds will be allo- grams. This is actually less than what on Homeland Security and Govern- cated based on factors such as risk and was authorized in the past. We believe mental Affairs. the needs of individual communities that supporting our Nation’s fire- Mr. LIEBERMAN. Mr. President, and the country as a whole. This cre- fighters and emergency medical service today Senators COLLINS, CARPER, ates an appropriate balance, ensuring responders ought to be a priority, but BROWN, and I are pleased to introduce that funds are directed at departments we recognize that these tough fiscal the Fire Grants Reauthorization Act of facing the most significant risks while times require some belt-tightening. 2011 to ensure that firefighters and guaranteeing that no department is Authorizing funding for AFG and emergency medical service personnel left out. SAFER at these amounts sends the serving communities across the nation We have also taken a number of steps message that Congress can direct fund- are repaid for the sacrifices they make in our bill to help fire departments in ing where it is needed while also show- every day with the best possible train- communities struggling with economic ing discipline. ing and equipment—particularly given difficulties. In many cases, local gov- This legislation ensures that fire de- the budget cuts many communities ernments have reduced spending on partments get the support they need to have been forced to make in these eco- vital services, including fire depart- protect their communities while also nomically uncertain times. ments. Among other things, these cuts protecting taxpayer dollars. It address- The bill we present to the Senate re- have prevented many departments es a vital national need while increas- authorizes the Assistance to Fire- from replacing old equipment and ing accountability to the public. I urge fighters, AFG, program and the Staff- forced them to lay off needed fire- my colleagues to join me in supporting ing for Adequate Fire and Emergency fighters. To help departments rebuild, the reauthorization of these important Response program, SAFER, two highly we have lowered the matching require- programs. successful programs I worked to estab- ments for AFG and SAFER. Depart- Mr. President, I ask unanimous con- lish in 2000 and 2003. This is bipartisan ments are still required to match some sent that the text of the bill be printed legislation that has won overwhelming of their grant awards with funds of in the RECORD. Senate support in previous years. As their own—ensuring they have some There being no objection, the text of we all know, our first responders make skin in the game—but the reduced the bill was ordered to be printed in great sacrifices for us. Firefighters in amount will make it easier for them to the RECORD, as follows: communities of all shapes and sizes accept awards. S. 550 have assumed a greater role in overall We have similarly created an eco- Be it enacted by the Senate and House of Rep- national emergency preparedness since nomic hardship waiver for both grant resentatives of the United States of America in September 11 and the Hurricane programs that will allow FEMA to Congress assembled, Katrina catastrophe. They now serve waive certain requirements, such as re- SECTION 1. SHORT TITLE. as the frontline of defense in many quiring that grantees provide matching This Act may be cited as the ‘‘Fire Grants communities for disasters of all types. funds, for departments in communities Reauthorization Act of 2011’’. More than ever, firefighters need the that have been especially hard hit by SEC. 2. AMENDMENTS TO DEFINITIONS. training and equipment to deal not tough economic times. (a) IN GENERAL.—Section 4 of the Federal only with fires but also with hazardous Our bill contains a number of other Fire Prevention and Control Act of 1974 (15 materials; nuclear, radioactive, and ex- important provisions. It raises the U.S.C. 2203) is amended—

VerDate Mar 15 2010 00:32 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S10MR1.REC S10MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S1552 CONGRESSIONAL RECORD — SENATE March 10, 2011 (1) in paragraph (3), by inserting ‘‘, except firefighting personnel who are paid a stipend grant in an amount that exceeds the limit as otherwise provided,’’ after ‘‘means’’; for each event to which they respond. under clause (i). (2) in paragraph (4), by striking ‘‘ ‘Director’ ‘‘(7) VOLUNTEER FIRE DEPARTMENT.—The ‘‘(3) USE OF GRANT FUNDS.—Each entity re- means’’ and all that follows through ‘‘Agen- term ‘volunteer fire department’ means a ceiving a grant under this subsection shall cy;’’ and inserting ‘‘ ‘Administrator of fire department that has an all-volunteer use the grant for one or more of the fol- FEMA’ means the Administrator of the Fed- force of firefighting personnel. lowing purposes: eral Emergency Management Agency;’’; ‘‘(b) ASSISTANCE PROGRAM.— ‘‘(A) To train firefighting personnel in— (3) in paragraph (5)— ‘‘(1) AUTHORITY.—In accordance with this ‘‘(i) firefighting; (A) by inserting ‘‘Indian tribe,’’ after section, the Administrator of FEMA may, in ‘‘(ii) emergency medical services and other ‘‘county,’’; and consultation with the Administrator of the emergency response (including response to (B) by striking ‘‘and ‘firecontrol’ ’’ and in- United States Fire Administration, award— natural disasters, acts of terrorism, and serting ‘‘and ‘fire control’ ’’; ‘‘(A) assistance to firefighters grants under other man-made disasters); (4) by redesignating paragraphs (6) through subsection (c); and ‘‘(iii) arson prevention and detection; (9) as paragraphs (7) through (10), respec- ‘‘(B) fire prevention and safety grants and ‘‘(iv) maritime firefighting; or tively; other assistance under subsection (d). ‘‘(v) the handling of hazardous materials. (5) by inserting after paragraph (5), the fol- ‘‘(2) ADMINISTRATIVE ASSISTANCE.—The Ad- ‘‘(B) To train firefighting personnel to pro- lowing: ministrator of FEMA shall— vide any of the training described under sub- ‘‘(6) ‘Indian tribe’ has the meaning given ‘‘(A) establish specific criteria for the se- paragraph (A). that term in section 4 of the Indian Self-De- lection of grant recipients under this sec- ‘‘(C) To fund the creation of rapid interven- termination and Education Assistance Act tion; and tion teams to protect firefighting personnel (25 U.S.C. 450b) and ‘tribal’ means of or per- ‘‘(B) provide assistance with application at the scenes of fires and other emergencies. taining to an Indian tribe;’’; preparation to applicants for such grants. ‘‘(D) To certify— ‘‘(c) ASSISTANCE TO FIREFIGHTERS (6) by redesignating paragraphs (9) and (10), ‘‘(i) fire inspectors; and GRANTS.— as redesignated by paragraph (4), as para- ‘‘(ii) building inspectors— ‘‘(1) IN GENERAL.—The Administrator of graphs (10) and (11); ‘‘(I) whose responsibilities include fire FEMA may, in consultation with the chief (7) by inserting after paragraph (8), as re- safety inspections; and executives of the States in which the recipi- designated by paragraph (4), the following: ‘‘(II) who are employed by or serving as ents are located, award grants on a competi- ‘‘(9) ‘Secretary’ means, except as otherwise volunteers with a fire department. tive basis directly to— provided, the Secretary of Homeland Secu- ‘‘(E) To establish wellness and fitness pro- ‘‘(A) fire departments, for the purpose of grams for firefighting personnel to ensure rity;’’; protecting the health and safety of the pub- (8) by amending paragraph (10), as redesig- that the firefighting personnel are able to lic and firefighting personnel throughout the carry out their duties as firefighters. nated by paragraph (6), to read as follows: United States against fire, fire-related, and ‘‘(10) ‘State’ has the meaning given the ‘‘(F) To fund emergency medical services other hazards; provided by fire departments and non- term in section 2 of the Homeland Security ‘‘(B) nonaffiliated EMS organizations to Act of 2002 (6 U.S.C. 101).’’. affiliated EMS organizations. support the provision of emergency medical ‘‘(G) To acquire additional firefighting ve- (b) CONFORMING AMENDMENTS.— services; and hicles, including fire trucks and other appa- (1) ADMINISTRATOR OF FEMA.—The Federal ‘‘(C) State fire training academies for the Fire Prevention and Control Act of 1974 (15 ratus. purposes described in subparagraphs (G), (H), ‘‘(H) To acquire additional firefighting U.S.C. 2201 et seq.) is amended by striking and (I) of paragraph (3). ‘‘Director’’ each place it appears and insert- equipment, including equipment for— ‘‘(2) MAXIMUM GRANT AMOUNTS.— ‘‘(i) fighting fires with foam in remote ing ‘‘Administrator of FEMA’’. ‘‘(A) POPULATION.—The Administrator of areas without access to water; and (2) ADMINISTRATOR OF FEMA’S AWARD.—Sec- FEMA may not award a grant under this ‘‘(ii) communications, monitoring, and re- tion 15 of such Act (15 U.S.C. 2214) is amend- subsection in excess of amounts as follows: sponse to a natural disaster, act of ter- ed by striking ‘‘Director’s Award’’ each place ‘‘(i) In the case of a recipient that serves a rorism, or other man-made disaster, includ- it appears and inserting ‘‘Administrator’s jurisdiction with 100,000 people or fewer, the ing the use of a weapon of mass destruction. Award’’. amount of the grant awarded to such recipi- ‘‘(I) To acquire personal protective equip- SEC. 3. ASSISTANCE TO FIREFIGHTER GRANTS. ent shall not exceed $1,000,000 in any fiscal ment, including personal protective equip- Section 33 of the Federal Fire Prevention year. ment— and Control Act of 1974 (15 U.S.C. 2229) is ‘‘(ii) In the case of a recipient that serves ‘‘(i) prescribed for firefighting personnel by amended to read as follows: a jurisdiction with more than 100,000 people the Occupational Safety and Health Admin- ‘‘SEC. 33. FIREFIGHTER ASSISTANCE. but not more than 500,000 people, the amount istration of the Department of Labor; or ‘‘(a) DEFINITIONS.—In this section: of the grant awarded to such recipient shall ‘‘(ii) for responding to a natural disaster or ‘‘(1) AVAILABLE GRANT FUNDS.—The term not exceed $2,000,000 in any fiscal year. act of terrorism or other man-made disaster, ‘available grant funds’, with respect to a fis- ‘‘(iii) In the case of a recipient that serves including the use of a weapon of mass de- cal year, means those funds appropriated a jurisdiction with more than 500,000 but not struction. pursuant to the authorization of appropria- more than 1,000,000 people, the amount of the ‘‘(J) To modify fire stations, fire training tions in subsection (p)(1) for such fiscal year grant awarded to such recipient shall not ex- facilities, and other facilities to protect the less any funds used for administrative costs ceed $3,000,000 in any fiscal year. health and safety of firefighting personnel. pursuant to subsection (p)(2) in such fiscal ‘‘(iv) In the case of a recipient that serves ‘‘(K) To educate the public about arson year. a jurisdiction with more than 1,000,000 people prevention and detection. ‘‘(2) CAREER FIRE DEPARTMENT.—The term but not more than 2,500,000 people, the ‘‘(L) To provide incentives for the recruit- ‘career fire department’ means a fire depart- amount of the grant awarded to such recipi- ment and retention of volunteer firefighting ment that has an all-paid force of fire- ent shall not exceed $6,000,000 for any fiscal personnel for volunteer firefighting depart- fighting personnel other than paid-on-call year. ments and other firefighting departments firefighters. ‘‘(v) In the case of a recipient that serves that utilize volunteers. ‘‘(3) COMBINATION FIRE DEPARTMENT.—The a jurisdiction with more than 2,500,000 peo- ‘‘(M) To support such other activities, con- term ‘combination fire department’ means a ple, the amount of the grant awarded to such sistent with the purposes of this subsection, fire department that has— recipient shall not exceed $9,000,000 in any as the Administrator of FEMA determines ‘‘(A) paid firefighting personnel; and fiscal year. appropriate. ‘‘(B) volunteer firefighting personnel. ‘‘(B) STATE FIRE TRAINING ACADEMIES.—The ‘‘(d) FIRE PREVENTION AND SAFETY ‘‘(4) FIREFIGHTING PERSONNEL.—The term Administrator of FEMA may not award a GRANTS.— ‘firefighting personnel’ means individuals, grant under this subsection to a State fire ‘‘(1) IN GENERAL.—For the purpose of as- including volunteers, who are firefighters, training academy in an amount that exceeds sisting fire prevention programs and sup- officers of fire departments, or emergency $1,000,000 in any fiscal year. porting firefighter health and safety re- medical service personnel of fire depart- ‘‘(C) AGGREGATE.— search and development, the Administrator ments. ‘‘(i) IN GENERAL.—Notwithstanding sub- of FEMA may, on a competitive basis— ‘‘(5) NONAFFILIATED EMS ORGANIZATION.— paragraphs (A) and (B) and except as pro- ‘‘(A) award grants to fire departments; The term ‘nonaffiliated EMS organization’ vided under clause (ii), the Administrator of ‘‘(B) award grants to, or enter into con- means a public or private nonprofit emer- FEMA may not award a grant under this tracts or cooperative agreements with, na- gency medical services organization that is subsection in a fiscal year in an amount that tional, State, local, tribal, or nonprofit orga- not affiliated with a hospital and does not exceeds the amount that is one percent of nizations that are not fire departments and serve a geographic area in which the Admin- the available grant funds in such fiscal year. that are recognized for their experience and istrator of FEMA finds that emergency med- ‘‘(ii) EXCEPTION.—The Administrator of expertise with respect to fire prevention or ical services are adequately provided by a FEMA may waive the limitation in clause (i) fire safety programs and activities and fire- fire department. with respect to a grant recipient if the Ad- fighter research and development programs, ‘‘(6) PAID-ON-CALL.—The term ‘paid-on-call’ ministrator of FEMA determines that such for the purpose of carrying out— with respect to firefighting personnel means recipient has an extraordinary need for a ‘‘(i) fire prevention programs; and

VerDate Mar 15 2010 00:32 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S10MR1.REC S10MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE March 10, 2011 CONGRESSIONAL RECORD — SENATE S1553

‘‘(ii) research to improve firefighter health ‘‘(1) IN GENERAL.—The Administrator of ‘‘(2) GRANT AWARDS TO NONAFFILIATED EMS and life safety; and FEMA shall, after consultation with na- ORGANIZATIONS.—Not more than 2 percent of ‘‘(C) award grants to, or enter into con- tional fire service and emergency medical the available grant funds for a fiscal year tracts with, regionally accredited institu- services organizations, appoint fire service shall be awarded under this section to non- tions of higher education and national fire personnel and personnel from nonaffiliated affiliated EMS organizations. service organizations or national fire safety EMS organizations to conduct peer reviews ‘‘(3) FUNDING FOR FIRE PREVENTION AND organizations to support joint programs fo- of applications received under subsection SAFETY GRANTS.—For each fiscal year, not cused on reducing firefighter fatalities and (e)(1). less than 10 percent of the aggregate of grant non-fatal injuries, including programs for es- ‘‘(2) ASSIGNMENT OF REVIEWS.—In admin- amounts under this section in that fiscal tablishing fire safety research centers as the istering the peer review process under para- year shall be awarded under subsection (d). Administrator of FEMA determines appro- graph (1), the Administrator of FEMA shall ‘‘(4) STATE FIRE TRAINING ACADEMIES.—Not priate. ensure that— more than 3 percent of the available grant ‘‘(2) MAXIMUM GRANT AMOUNT.—A grant ‘‘(A) applications submitted by career fire funds for a fiscal year shall be awarded under awarded under this subsection may not ex- departments are reviewed primarily by per- subsection (c)(1)(C). ceed $1,500,000 for a fiscal year. sonnel from career fire departments; ‘‘(5) AMOUNTS FOR PURCHASING FIRE- ‘‘(3) USE OF GRANT FUNDS.—Each entity re- ‘‘(B) applications submitted by volunteer FIGHTING VEHICLES.—Not more than 25 per- ceiving a grant under this subsection shall fire departments are reviewed primarily by cent of the available grant funds for a fiscal use the grant for one or more of the fol- personnel from volunteer fire departments; year may be used to assist grant recipients lowing purposes: ‘‘(C) applications submitted by combina- to purchase vehicles pursuant to subsection ‘‘(A) To enforce fire codes and promote tion fire departments and fire departments (c)(3)(G). compliance with fire safety standards. using paid-on-call firefighting personnel are ‘‘(i) FURTHER CONSIDERATIONS.— ‘‘(B) To fund fire prevention programs. reviewed primarily by personnel from such ‘‘(1) ASSISTANCE TO FIREFIGHTERS GRANTS ‘‘(C) To fund wildland fire prevention pro- fire departments; and TO FIRE DEPARTMENTS.—In considering appli- grams, including education, awareness, and ‘‘(D) applications for grants to fund emer- cations for grants under subsection (c)(1)(A), mitigation programs that protect lives, prop- gency medical services pursuant to sub- the Administrator of FEMA shall consider erty, and natural resources from fire in the section (c)(3)(F) are reviewed primarily by the extent to which the grant would enhance wildland-urban interface. emergency medical services personnel, in- the daily operations of the applicant and the ‘‘(D) In the case of a grant awarded under cluding— impact of such a grant on the protection of lives and property. paragraph (1)(C), to fund the establishment ‘‘(i) emergency medical service personnel ‘‘(2) APPLICATIONS FROM NONAFFILIATED EMS or operation of— affiliated with fire departments; and ORGANIZATIONS.—In the case of an applica- ‘‘(i) a fire safety research center; or ‘‘(ii) personnel from nonaffiliated EMS or- tion submitted under subsection (e)(1) by a ‘‘(ii) a program at such a center. ganizations. nonaffiliated EMS organization, the Admin- ‘‘(E) To support such other activities, con- ‘‘(3) REVIEW OF APPLICATIONS FOR FIRE PRE- istrator of FEMA shall consider the extent sistent with the purposes of this subsection, VENTION AND SAFETY GRANTS SUBMITTED BY to which other sources of Federal funding as the Administrator of FEMA determines NONPROFIT ORGANIZATIONS THAT ARE NOT FIRE DEPARTMENTS.—In conducting a review of an are available to the applicant to provide the appropriate. application submitted under subsection (e)(1) assistance requested in such application. ‘‘(e) APPLICATIONS FOR GRANTS.— by a nonprofit organization described in sub- ‘‘(3) AWARDING FIRE PREVENTION AND SAFE- ‘‘(1) IN GENERAL.—An entity seeking a section (d)(1)(B), a peer reviewer may not TY GRANTS TO CERTAIN ORGANIZATIONS THAT grant under this section shall submit to the recommend the applicant for a grant under ARE NOT FIRE DEPARTMENTS.—In the case of Administrator of FEMA an application subsection (d) unless such applicant is recog- applicants for grants under this section who therefor in such form and in such manner as nized for its experience and expertise with are described in subsection (d)(1)(B), the Ad- the Administrator of FEMA determines ap- respect to— ministrator of FEMA shall give priority to propriate. ‘‘(A) fire prevention or safety programs applicants who focus on— ‘‘(2) ELEMENTS.—Each application sub- and activities; or ‘‘(A) prevention of injuries to high risk mitted under paragraph (1) shall include the ‘‘(B) firefighter research and development groups from fire; and following: programs. ‘‘(B) research programs that demonstrate a ‘‘(A) A description of the financial need of ‘‘(4) APPLICABILITY OF FEDERAL ADVISORY potential to improve firefighter safety. the applicant for the grant. COMMITTEE ACT.—The Federal Advisory Com- ‘‘(4) AVOIDING DUPLICATION.—The Adminis- ‘‘(B) An analysis of the costs and benefits, mittee Act (5 U.S.C. App.) shall not apply to trator of FEMA shall review lists submitted with respect to public safety, of the use for activities carried out pursuant to this sub- by applicants pursuant to subsection which a grant is requested. section. (e)(2)(D) and take such actions as the Admin- ‘‘(C) An agreement to provide information ‘‘(g) PRIORITIZATION AND ALLOCATION OF istrator of FEMA considers necessary to pre- to the national fire incident reporting sys- GRANT AWARDS.—In awarding grants under vent unnecessary duplication of grant tem for the period covered by the grant. this section, the Administrator of FEMA awards. ‘‘(D) A list of other sources of funding re- shall— ‘‘(j) MATCHING AND MAINTENANCE OF EX- ceived by the applicant— ‘‘(1) consider the findings and rec- PENDITURE REQUIREMENTS.— ‘‘(i) for the same purpose for which the ap- ommendations of the peer reviews carried ‘‘(1) MATCHING REQUIREMENT FOR ASSIST- plication for a grant under this section was out under subsection (f); ANCE TO FIREFIGHTERS GRANTS.— submitted; or ‘‘(2) consider the degree to which an award ‘‘(A) IN GENERAL.—Except as provided in ‘‘(ii) from the Federal Government for will reduce deaths, injuries, and property subparagraph (B), an applicant seeking a other fire-related purposes. damage by reducing the risks associated grant to carry out an activity under sub- ‘‘(E) Such other information as the Admin- with fire-related and other hazards; section (c) shall agree to make available istrator of FEMA determines appropriate. ‘‘(3) consider the extent of the need of an non-Federal funds to carry out such activity ‘‘(3) JOINT OR REGIONAL APPLICATIONS.— applicant for a grant under this section and in an amount equal to not less than 15 per- ‘‘(A) IN GENERAL.—Two or more entities the need to protect the United States as a cent of the grant awarded to such applicant may submit an application under paragraph whole; under such subsection. (1) for a grant under this section to fund a ‘‘(4) consider the number of calls request- ‘‘(B) EXCEPTION FOR ENTITIES SERVING joint program or initiative, including acqui- ing or requiring a fire fighting or emergency SMALL COMMUNITIES.—In the case that an ap- sition of shared equipment or vehicles. medical response received by an applicant; plicant seeking a grant to carry out an ac- ‘‘(B) NONEXCLUSIVITY.—Applications under and tivity under subsection (c) serves a jurisdic- this paragraph may be submitted instead of ‘‘(5) ensure that of the available grant tion of— or in addition to any other application sub- funds— ‘‘(i) more than 20,000 residents but not mitted under paragraph (1). ‘‘(A) not less than 25 percent are awarded more than 50,000 residents, the applicant ‘‘(C) GUIDANCE.—The Administrator of to career fire departments; shall agree to make available non-Federal FEMA shall— ‘‘(B) not less than 25 percent are awarded funds in an amount equal to not less than 10 ‘‘(i) publish guidance on applying for and to volunteer fire departments; and percent of the grant award to such applicant administering grants awarded for joint pro- ‘‘(C) not less than 25 percent are awarded under such subsection; or grams and initiatives described in subpara- to combination fire departments and fire de- ‘‘(ii) 20,000 residents or fewer, the applicant graph (A); and partments using paid-on-call firefighting shall agree to make available non-Federal ‘‘(ii) encourage applicants to apply for personnel. funds in an amount equal to not less than 5 grants for joint programs and initiatives de- ‘‘(h) ADDITIONAL REQUIREMENTS AND LIMI- percent of the grant awarded to such appli- scribed in subparagraph (A) as the Adminis- TATIONS.— cant under such subsection. trator of FEMA determines appropriate to ‘‘(1) FUNDING FOR EMERGENCY MEDICAL ‘‘(2) MATCHING REQUIREMENT FOR FIRE PRE- achieve greater cost effectiveness and re- SERVICES.—Not less than 3.5 percent of the VENTION AND SAFETY GRANTS.— gional efficiency. available grant funds for a fiscal year shall ‘‘(A) IN GENERAL.—An applicant seeking a ‘‘(f) PEER REVIEW OF GRANT APPLICA- be awarded under this section for purposes grant to carry out an activity under sub- TIONS.— described in subsection (c)(3)(F). section (d) shall agree to make available

VerDate Mar 15 2010 00:32 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S10MR1.REC S10MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S1554 CONGRESSIONAL RECORD — SENATE March 10, 2011 non-Federal funds to carry out such activity ‘‘(iii) in the case of a member of an emer- 2015, shall also include recommendations for in an amount equal to not less than 5 percent gency medical service organization, is a legislative changes to improve grants under of the grant awarded to such applicant under member of an organization that represents— this section, including recommendations as such subsection. ‘‘(I) providers of emergency medical serv- to whether the provisions described in sec- ‘‘(B) MEANS OF MATCHING.—An applicant ices that are affiliated with fire depart- tion 5(a) of the Fire Grants Reauthorization for a grant under subsection (d) may meet ments; or Act of 2011 should be extended to apply on the matching requirement under subpara- ‘‘(II) nonaffiliated EMS providers. and after the date described in such section. graph (A) through direct funding, funding of ‘‘(3) APPLICABILITY OF FEDERAL ADVISORY ‘‘(p) AUTHORIZATION OF APPROPRIATIONS.— complementary activities, or the provision COMMITTEE ACT.—The Federal Advisory Com- ‘‘(1) IN GENERAL.—There is authorized to be of staff, facilities, services, material, or mittee Act (5 U.S.C. App.) shall not apply to appropriated to carry out this section— equipment. activities carried out pursuant to this sub- ‘‘(A) $950,000,000 for fiscal year 2012; and ‘‘(3) MAINTENANCE OF EXPENDITURES.—An section. ‘‘(B) for each of fiscal years 2013 through applicant seeking a grant under subsection ‘‘(l) ACCOUNTING DETERMINATION.—Notwith- 2016, an amount equal to the amount author- (c) or (d) shall agree to maintain during the standing any other provision of law, for pur- ized for the previous fiscal year increased by term of the grant the applicant’s aggregate poses of this section, equipment costs shall the percentage by which— expenditures relating to the uses described include all costs attributable to any design, ‘‘(i) the Consumer Price Index (all items, in subsections (c)(3) and (d)(3) at not less purchase of components, assembly, manufac- United States city average) for the previous than 80 percent of the average amount of ture, and transportation of equipment not fiscal year, exceeds such expenditures in the 2 fiscal years pre- otherwise commercially available. ‘‘(ii) the Consumer Price Index for the fis- ceding the fiscal year in which the grant ‘‘(m) ELIGIBLE GRANTEE ON BEHALF OF cal year preceding the fiscal year described amounts are received. ALASKA NATIVE VILLAGES.—The Alaska Vil- in clause (i). ‘‘(4) WAIVER.— lage Initiatives, a non-profit organization in- ‘‘(2) ADMINISTRATIVE EXPENSES.—Of the ‘‘(A) IN GENERAL.—Except as provided in corporated in the State of Alaska, shall be amounts appropriated pursuant to paragraph subparagraph (C)(ii), the Administrator of eligible to apply for and receive a grant or (1) for a fiscal year, the Administrator of FEMA may waive or reduce the require- other assistance under this section on behalf FEMA may use not more than 5 percent of ments of paragraphs (1), (2), and (3) in cases of Alaska Native villages. such amounts for salaries and expenses and of demonstrated economic hardship. ‘‘(n) TRAINING STANDARDS.—If an applicant other administrative costs incurred by the ‘‘(B) GUIDELINES.— for a grant under this section is applying for Administrator of FEMA in the course of ‘‘(i) IN GENERAL.—The Administrator of such grant to purchase training that does awarding grants and providing assistance FEMA shall establish and publish guidelines not meet or exceed any applicable national under this section. for determining what constitutes economic voluntary consensus standards developed ‘‘(3) CONGRESSIONALLY DIRECTED SPEND- hardship for purposes of this paragraph. under section 647 of the Post-Katrina Emer- ING.—Consistent with the requirements in ‘‘(ii) CONSIDERATIONS.—In developing gency Management Reform Act of 2006 (6 subsections (c)(1) and (d)(1) that grants under guidelines under clause (i), the Adminis- U.S.C. 747), the applicant shall submit to the those subsections be awarded on a competi- trator of FEMA shall consider, with respect Administrator of FEMA an explanation of tive basis, none of the funds appropriated to relevant communities, the following: the reasons that the training proposed to be pursuant to this subsection may be used for ‘‘(I) Changes in rates of unemployment purchased will serve the needs of the appli- any congressionally directed spending item from previous years. cant better than training that meets or ex- (as such term is defined in paragraph 5(a) of ‘‘(II) Whether the rates of unemployment ceeds such standards. rule XLIV of the Standing Rules of the Sen- of the relevant communities are currently ‘‘(o) ENSURING EFFECTIVE USE OF GRANTS.— ate).’’. and have consistently exceeded the annual ‘‘(1) AUDITS.—The Administrator of FEMA SEC. 4. STAFFING FOR ADEQUATE FIRE AND national average rates of unemployment. may audit a recipient of a grant awarded EMERGENCY RESPONSE. ‘‘(III) Changes in percentages of individ- under this section to ensure that— (a) IMPROVEMENTS TO HIRING GRANTS.— uals eligible to receive food stamps from pre- ‘‘(A) the grant amounts are expended for (1) TERM OF GRANTS.—Subsection (a)(1)(B) vious years. the intended purposes; and of section 34 of the Federal Fire Prevention ‘‘(IV) Such other factors as the Adminis- ‘‘(B) the grant recipient complies with the and Control Act of 1974 (15 U.S.C. 2229a) is trator of FEMA considers appropriate. requirements of subsection (j). amended by striking ‘‘4 years’’ and inserting ‘‘(C) CERTAIN APPLICANTS FOR FIRE PREVEN- ‘‘(2) PERFORMANCE ASSESSMENT.— ‘‘3 years’’. TION AND SAFETY GRANTS.—The authority ‘‘(A) IN GENERAL.—The Administrator of (2) LIMITATION ON PORTION OF COSTS OF HIR- under subparagraph (A) shall not apply with FEMA shall develop and implement a per- ING FIREFIGHTERS.—Subsection (a)(1)(E) of respect to a nonprofit organization that— formance assessment system, including such section 34 is amended by striking ‘‘not ‘‘(i) is described in subsection (d)(1)(B); and quantifiable performance metrics, to evalu- exceed—’’ and all that follows through the ‘‘(ii) is not a fire department or emergency ate the extent to which grants awarded period and inserting ‘‘not exceed 75 percent medical services organization. under this section are furthering the pur- in any fiscal year.’’. ‘‘(k) GRANT GUIDELINES.— poses of this section, including protecting (b) CLARIFICATION REGARDING ELIGIBLE EN- ‘‘(1) GUIDELINES.—For each fiscal year, the health and safety of the public and fire- TITIES FOR RECRUITMENT AND RETENTION prior to awarding any grants under this sec- fighting personnel against fire and fire-re- GRANTS.—The second sentence of subsection tion, the Administrator of FEMA shall pub- lated hazards. (a)(2) of such section 34 is amended by strik- lish in the Federal Register— ‘‘(B) CONSULTATION.—The Administrator of ing ‘‘organizations on a local or statewide ‘‘(A) guidelines that describe— FEMA shall consult with fire service rep- basis’’ and inserting ‘‘national, State, local, ‘‘(i) the process for applying for grants resentatives and with the Comptroller Gen- or tribal organizations’’. under this section; and eral of the United States in developing the (c) MAXIMUM AMOUNT FOR HIRING FIRE- ‘‘(ii) the criteria that will be used for se- assessment system required by subparagraph FIGHTER.—Paragraph (4) of subsection (c) of such section 34 is amended to read as follows: lecting grant recipients; and (A). ‘‘(4) The amount of funding provided under ‘‘(B) an explanation of any differences be- ‘‘(3) ANNUAL REPORTS TO ADMINISTRATOR OF this section to a recipient fire department tween such guidelines and the recommenda- FEMA.—The recipient of a grant awarded for hiring a firefighter in any fiscal year may tions obtained under paragraph (2). under this section shall submit to the Ad- not exceed 75 percent of the usual annual ‘‘(2) ANNUAL MEETING TO OBTAIN REC- ministrator of FEMA an annual report de- cost of a first-year firefighter in that depart- OMMENDATIONS.— scribing how the recipient used the grant ment at the time the grant application was ‘‘(A) IN GENERAL.—For each fiscal year, the amounts. submitted.’’. Administrator of FEMA shall convene a ‘‘(4) ANNUAL REPORTS TO CONGRESS.— (d) WAIVERS.—Such section 34 is further meeting of qualified members of national ‘‘(A) IN GENERAL.—Not later than Sep- amended— fire service organizations and qualified mem- tember 30, 2012, and each year thereafter (1) by redesignating subsections (d) bers of emergency medical service organiza- through 2016, the Administrator of FEMA through (i) as subsection (e) through (j), re- tions to obtain recommendations regarding shall submit to the Committee on Homeland spectively; and the following: Security and Governmental Affairs of the (2) by inserting after subsection (c) the fol- ‘‘(i) Criteria for the awarding of grants Senate and the Committee on Science and lowing: under this section. Technology of the House of Representatives ‘‘(d) WAIVERS.— ‘‘(ii) Administrative changes to the assist- a report that provides— ‘‘(1) IN GENERAL.—In a case of dem- ance program established under subsection ‘‘(i) information on the performance as- onstrated economic hardship, the Adminis- (b). sessment system developed under paragraph trator of FEMA may— ‘‘(B) QUALIFIED MEMBERS.—For purposes of (2); and ‘‘(A) waive the requirements of subsection this paragraph, a qualified member of an or- ‘‘(ii) using the performance metrics devel- (a)(1)(B)(ii) or subsection (c)(1); or ganization is a member who— oped under such paragraph, an evaluation of ‘‘(B) waive or reduce the requirements in ‘‘(i) is recognized for expertise in fire- the effectiveness of the grants awarded under subsection (a)(1)(E) or subsection (c)(2). fighting or emergency medical services; this section. ‘‘(2) GUIDELINES.— ‘‘(ii) is not an employee of the Federal ‘‘(B) ADDITIONAL INFORMATION.—The report ‘‘(A) IN GENERAL.—The Administrator of Government; and due under subparagraph (A) on September 30, FEMA shall establish and publish guidelines

VerDate Mar 15 2010 00:32 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S10MR1.REC S10MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE March 10, 2011 CONGRESSIONAL RECORD — SENATE S1555 for determining what constitutes economic ‘‘(B) the Consumer Price Index for the fis- awarded under sections 33 and 34 of the Fed- hardship for purposes of paragraph (1). cal year preceding the fiscal year described eral Fire Prevention and Control Act of 1974 ‘‘(B) CONSIDERATIONS.—In developing in subparagraph (A).’’. (15 U.S.C. 2229 and 2229a) after the date of the guidelines under subparagraph (A), the Ad- (2) ADMINISTRATIVE EXPENSES.—Such sub- enactment of this Act . ministrator of FEMA shall consider, with re- section (j) is further amended— (2) An evaluation of the extent to which spect to relevant communities, the fol- (A) in paragraph (9), as added by paragraph the amendments made by sections 3 and 4 lowing: (1) of this subsection, by redesignating sub- have enabled recipients of grants awarded ‘‘(i) Changes in rates of unemployment paragraphs (A) and (B) as clauses (i) and (ii), under such sections 33 and 34 after the date from previous years. respectively, and moving the left margin of of the enactment of this Act to mitigate fire ‘‘(ii) Whether the rates of unemployment such clauses, as so redesignated, 2 ems to the and fire-related and other hazards more ef- of the relevant communities are currently right; fectively. and have consistently exceeded the annual (B) by redesignating paragraphs (1) Ms. COLLINS. Mr. President, I am national average rates of unemployment. through (9) as subparagraphs (A) through (I), ‘‘(iii) Changes in percentages of individuals proud to once again cosponsor the Fire respectively, and moving the left margin of Grants Reauthorization Act. I am eligible to receive food stamps from previous such subparagraphs, as so redesignated, 2 years. ems to the right; pleased to join with Senators ‘‘(iv) Such other factors as the Adminis- (C) by striking ‘‘There are’’ and inserting LIEBERMAN, BROWN, and CARPER in this trator of FEMA considers appropriate.’’. the following: effort to reauthorize these vital pro- (e) IMPROVEMENTS TO PERFORMANCE EVAL- ‘‘(1) IN GENERAL.—There are’’; and grams. I have always been an ardent UATION REQUIREMENTS.—Subsection (e) of (D) by adding at the end the following: supporter of our Nation’s fire services. such section 34, as redesignated by sub- ‘‘(2) ADMINISTRATIVE EXPENSES.—Of the section (d)(1) of this section, is amended by In addition to serving as a cochair of amounts appropriated pursuant to paragraph the Congressional Fire Services Cau- inserting before the first sentence the fol- (1) for a fiscal year, the Administrator of lowing: cus, I was a cosponsor of the original FEMA may use not more than 5 percent of ‘‘(1) IN GENERAL.—The Administrator of FIRE Act, and an original cosponsor of such amounts to cover salaries and expenses FEMA shall establish a performance assess- and other administrative costs incurred by the FIRE Act reauthorization bills in ment system, including quantifiable per- the Administrator of FEMA to make grants 2004 and in 2010. Unfortunately, last formance metrics, to evaluate the extent to and provide assistance under this section.’’. year’s bill did not become law. which grants awarded under this section are (3) CONGRESSIONALLY DIRECTED SPENDING.— The FIRE Act grants program pro- furthering the purposes of this section. Such subsection (j) is further amended by vides fire departments with the support ‘‘(2) SUBMISSION OF INFORMATION.—’’. adding at the end the following: (f) REPORT.— they need to purchase equipment and ‘‘(3) CONGRESSIONALLY DIRECTED SPEND- (1) IN GENERAL.—Subsection (f) of such sec- vehicles, and to conduct the training ING.—Consistent with the requirement in tion 34, as redesignated by subsection (d)(1) and exercises necessary to perform subsection (a) that grants under this section of this section, is amended by striking ‘‘The their jobs well. Indeed, this is one of be awarded on a competitive basis, none of authority’’ and all that follows through the funds appropriated pursuant to this sub- the most successful programs adminis- ‘‘Congress concerning’’ and inserting the fol- section may be used for any congressionally tered by the Department of Homeland lowing: ‘‘Not later than September 30, 2015, direct spending item (as defined in paragraph Security. the Administrator of FEMA shall submit to 5(a) of Rule XLIV of the Standing Rules of The FIRE Act grants program is an the Committee on Homeland Security and the Senate).’’. efficient and effective model for deliv- Governmental Affairs of the Senate and the (i) TECHNICAL AMENDMENT.—Such section Committee on Science and Technology of the ering grant funding because it has a 34 is amended— House of Representatives a report on’’. competitive process for evaluating ap- (1) in subsection (a), in paragraphs (1)(A) (2) CONFORMING AMENDMENT.—The heading plications, which are peer-reviewed. It and (2), by striking ‘‘Administrator shall’’ for such subsection (f) is amended by strik- is also successful because monies are and inserting ‘‘Administrator of FEMA shall, ing ‘‘SUNSET AND REPORTS’’ and inserting provided directly to local fire depart- in consultation with the Administrator,’’; ‘‘REPORT’’. and ments. This bipartisan legislation (g) ADDITIONAL DEFINITIONS.— (2) by striking ‘‘Administrator’’ each place would retain and build upon these as- (1) IN GENERAL.—Subsection (i) of such sec- pects of the FIRE Act program that tion 34, as redesignated by subsection (d)(1) it appears, other than in subsection (a)(1)(A) of this section, is amended— and (a)(2), and inserting ‘‘Administrator of made it successful in the first place. (A) in the matter before paragraph (1), by FEMA’’. In visits across the State of Maine, I striking ‘‘In this section, the term—’’ and in- (j) CLERICAL AMENDMENT.—Section 34 of have seen first-hand how these grants serting ‘‘In this section:’’; such Act (15 U.S.C. 2229a) is amended by build the critical response capabilities (B) in paragraph (1)— striking ‘‘EXPANSION OF PRE-SEPTEMBER of local fire departments. Maine has re- (i) by inserting ‘‘The term’’ before ‘‘ ‘fire- 11, 2001, FIRE GRANT PROGRAM’’ and in- ceived more than $50 million through serting the following: ‘‘ fighter’ has’’; and STAFFING FOR ADE- the FIRE Act grants program—a testa- QUATE FIRE AND EMERGENCY RE- (ii) by striking ‘‘; and’’ and inserting a pe- ment to the needs of our often rural, riod; SPONSE’’. SEC. 5. SUNSET AND PRIOR PROVISIONS. volunteer fire departments and proof (C) by striking paragraph (2); and that the program is succeeding in de- (D) by inserting at the end the following: (a) SUNSET.—Section 3 and subsections (a), ‘‘(2) The terms ‘career fire department’, (c), (d), (e), (f), (g), and (h) of section 4, and livering funds to communities that ‘combination fire department’, and ‘volun- the amendments made by such section and need it most. teer fire department’ have the meaning subsections shall not apply on or after Octo- Independent analyses have confirmed given such terms in section 33(a).’’. ber 1, 2016. that the FIRE Act grants program has (2) CONFORMING AMENDMENT.—Subsection (b) APPLICATION OF PRIOR LAW.—On and been effective. To quote a 2007 study by (a)(1)(A) of such section 34 is amended by after October 1, 2016, sections 33 and 34 of the the National Academy of Public Ad- striking ‘‘career, volunteer, and combination Federal Fire Prevention and Control Act of ministration, ‘‘From the standpoint of fire departments’’ and inserting ‘‘career fire 1974 (15 U.S.C. 2229 and 2229a) are amended to read as such sections read on the day before administrative efficiency, there is departments, combination fire departments, broad agreement among stakeholders and volunteer fire departments’’. the date of the enactment of this Act, except (h) AUTHORIZATION OF APPROPRIATIONS.— that the amendments made by subsections and observers that the program has (1) IN GENERAL.—Subsection (j) of such sec- (b), (i), and (j) of section 4 shall continue to been well run. It is a positive case tion 34, as redesignated by subsection (d)(1) apply to such section 34. study in the management of a grant of this section, is amended— SEC. 6. REPORT. program by a government agency.’’ (A) in paragraph (6), by striking ‘‘and’’ at Not later than September 30, 2015, the I believe this bill will increase the the end; Comptroller General of the United States capabilities of our Nation’s fire serv- (B) in paragraph (7), by striking the period shall submit to the Committee on Homeland ices, and protect the thousands of fire- at the end and inserting ‘‘; and’’; and Security and Governmental Affairs of the fighters and EMTs who put their lives (C) by adding at the end the following: Senate and the Committee on Science and on the line every day. ‘‘(8) $950,000,000 for fiscal year 2012; and Technology of the House of Representatives ‘‘(9) for each of fiscal years 2013 through a report on the effect of the amendments By Mr. SANDERS (for himself 2016, an amount equal to the amount author- made by this Act. Such report shall include ized for the previous fiscal year increased by the following: and Ms. MIKULSKI): the percentage by which— (1) An assessment of the effect of the S. 552. A bill to reduce the Federal ‘‘(A) the Consumer Price Index (all items, amendments made by sections 3 and 4 on the budget deficit by creating a surtax on United States city average) for the previous effectiveness, relative allocation, account- high income individuals and elimi- fiscal year, exceeds ability, and administration of the grants nating big oil and gas company tax

VerDate Mar 15 2010 00:32 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S10MR1.REC S10MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S1556 CONGRESSIONAL RECORD — SENATE March 10, 2011 loopholes; to the Committee on Fi- come senior citizens, those who are million Americans at a time when nance. sick, those who are vulnerable, without State after State is cutting back on Mr. SANDERS. Mr. President, I will asking the wealthiest people who have Medicaid. What are you supposed to do try to bring this budget debate down to never had it so good to put one penny if you are 50 years old, you have a pain Earth and talk a little bit about the re- into deficit reduction? I think that is in your chest, and you don’t have any ality of what is happening and go be- wrong, and the American people think health insurance? Where do you go? yond the amount of numbers that are that is wrong. When we talk about def- Republicans want to deny health care out there. icit reduction, we have to talk about to another 11 million Americans. My good friend from Alabama who shared sacrifice, everybody playing a For the poorest people, community sits with me on the Budget Committee role, not just little kids, not just the services block grants provide the infra- makes the point that this country has elderly, not just the sick, but even— structure, the ability to get out emer- a severe budget crisis. He is right. The dare I say it—people who have a whole gency food help, emergency help to pay question is, How did we get to where lot of money and who have never done the electric bill, LIHEAP. They are the we are today and how do we go forward so well. infrastructure of this country that pro- in a way that is fair and responsible to I have not been impressed at how the tects the poorest and most vulnerable. address it? In that regard, the Senator media has been covering this issue. Republicans want to slash $405 million from Alabama and I have very strong They have not made it clear to the from the Community Services Block disagreements. American people how devastating the Grant Program. That is wrong. And the How did we get to where we are today cuts are that Republicans want to im- President’s proposed cut to the com- when not so many years ago, the day pose on working families. Let me brief- munity services block grant is also George W. Bush became President, we ly tick off some of them. wrong. had a significant surplus? We had a The Republicans want to throw over In real terms, 16 percent of our popu- surplus when Clinton left office. Now 200,000 children off of the Head Start lation today is really unemployed, if we have a major deficit crisis. There Program. Every working family in we add together the official unemploy- are a number of reasons: America knows how hard it is today to ment—those people who have given up No. 1, against my vote, we are fight- come up with affordable childcare, looking for work, those people who ing a war in Iraq which, by the time we early childhood education. We have the work part time and want to work full take care of our last veteran, is going highest rate of childhood poverty in time. Republicans want to slash $2 bil- to cost us some $3 trillion. I didn’t hear the industrialized world. The Repub- lion in Federal job-training programs. any of my Republican friends saying lican solution is to slash Head Start by Republicans want to slash $400 mil- we can’t go to war unless we figure out 20 percent, cut 218,000 kids off of Head lion in LIHEAP. That is the program a way to pay for it. Start, and lay off 55,000 Head Start in- that in my State and all over the coun- No. 2, my Republican friends for structors. try enables people to stay warm in the years have been pushing huge tax The cost of college education today is winter. We have a lot of senior citizens breaks for the very wealthiest people. I so high that many young people are in Vermont getting by on $13,000 or didn’t hear them ask how that was giving up their dream of going to col- $14,000 a year in income. They need going to be paid for. lege, while many others are graduating help. It gets cold in Vermont. It gets 20 No. 3, under President Bush, with deeply in debt. Republican solution: below zero. People don’t have the in- strong Republican support and against Slash Pell grants by $5.7 billion and re- come. LIHEAP is a very valuable tool. my vote, Congress passed a $400 billion- duce or eliminate Pell grants for 9.4 Republicans want to slash $100 million plus Medicare Part D prescription drug million low-income college students. for LIHEAP. program, written by the insurance Middle-class families, working-class They want to slash the EPA by 30 companies and the drug companies. It families, do they hear that? We are percent. These are the people who have drove up the deficit. going to balance the budget by either successfully enforced the Clean Air No. 4, against my vote, Congress eliminating or lowering Pell grants— Act, the Clean Water Act, so that the voted for a massive bailout of Wall the ability of young people to go to col- air we breathe does not give us asthma, Street. I didn’t hear too many people lege—for over 9 million college stu- doesn’t provide us with the soup that talking about how we would pay for dents. makes us sick. The Clean Air Act has that, $700 billion to bail out Wall I know in my office we get calls been an enormous success in cleaning Street. I didn’t hear them arguing that every week from senior citizens, people up our air. Republicans want to slash it was too much money and it would with disabilities, widows who are hav- that by 30 percent. drive up the deficit. ing a hard time getting a timely re- Republicans want to cut the WIC Yesterday, the Republicans brought sponse toward their Social Security Program. This is the program that pro- forth and voted on H.R. 1. Almost all of claims. It takes too long to process the vides supplemental nutrition for them voted for it. Those who did not paperwork. What the Republicans want women, infants, and children. They actually wanted to go further. to do is slash the Social Security Ad- want to cut that by $750 million. Pov- The main point I wish to make is, A, ministration, the people who admin- erty in America is increasing. What we we do have to address the deficit crisis, ister Social Security for seniors and understand is that if pregnant women but, B, we have to address it in a way the disabled, widows and orphans, by and little kids do not get good nutri- that is fair and responsible and not $1.7 billion. That means half a million tion, the likelihood is that births solely on the backs of working fami- Americans who are legally entitled to might be low weight or the little babies lies, the middle class, the elderly, the Social Security benefits will have to might come down with illnesses if they sick, and the poor. That is immoral. wait significantly longer times in order don’t have good nutrition. Poverty is That is wrong. That is bad economics. to receive them. increasing. Yet the Republicans want To my mind, it is absolutely absurd We have 50 million Americans with to cut the WIC Program by $750 mil- that when my Republican friends talk no health insurance today, and 45,000 lion—10 percent. about deficit reduction, they forget to Americans die because they don’t get Title I education funding. Everybody talk about the reality that the wealthi- to a doctor in time. Last year, as part understands we have problems with est people have never had it so good; of health care reform, I worked very education right now, with large drop- that the effective, the real tax rate for hard with many Members to expand out rates. Republicans want to cut $5 the richest people is the lowest on community health centers so that billion from the Department of Edu- record; and that the wealthiest people, more and more low-and moderate-in- cation. the top 2 percent, have received many come people could walk into a doctor’s On and on and on it goes. hundreds of billions of dollars in tax office, get health care, dental care, What do I think? Do I think it is ap- breaks. low-cost prescription drugs, mental propriate we balance the budget on I ask my Republican friends, why do health counseling. In H.R. 1, the bill low-income pregnant women and in- they want to balance the budget on the they voted for yesterday, Republicans fants who need nutrition? Do I think backs of low-income children, low-in- want to deny primary health care to 11 you should throw 200,000 kids off the

VerDate Mar 15 2010 00:32 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S10MR1.REC S10MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE March 10, 2011 CONGRESSIONAL RECORD — SENATE S1557 Head Start Program? Do I think we cut sense, I think it is immoral, I think it privileged to meet his mother Tammy. the Social Security Administration se- is bad economics to balance the budget I have been privileged to meet her a verely? Do I think we cut Planned Par- on the backs of working families, while few times. She is incredible. She has enthood, which has done such a good we give continued tax breaks to those been speaking out to protect other job in preventing unwanted preg- people who do not need it. kids. Because, unfortunately, there are nancies? Does that make sense? I do So today we are introducing a piece a lot of other kids out there struggling not think so. I do not think that is of legislation which I hope will have to get through school as they suffer good for America. strong support. I think it paves the from bullying and harassment and dis- But I do believe we have to move to- way for us to go forward with serious crimination at their public schools. ward a balanced budget. So what is one deficit reduction in a way that is fair. Nine out of ten LGBT students are har- way to go forward, other than savage Do we need to make cuts? Absolutely. assed or bullied or taunted in school. cuts on programs for the most vulner- But do we also need to ask the wealthi- This harassment deprives them of an able people in this country? That is, I est people in this country to start con- equal education. They are more likely think we have to begin talking about tributing toward deficit reduction? I to skip school, they are less likely to revenue, not just cuts. think we do. perform well academically, and they Today I am introducing legislation Once again, the legislation I am in- are more likely to drop out before they which does two things. No. 1, it creates troducing today creates a millionaire’s graduate from high school. a millionaire’s surtax, which will be surtax of 5.4 percent, which would In some tragic cases, such as used strictly for deficit reduction. It bring in about $50 billion a year, to be Justin’s, the harassment of LGBT stu- will be a 5.4-percent surtax on income used exclusively for an emergency def- dents can even lead to suicide. We have over $1 million. That says that all icit reduction fund. seen this in all too many cases all over households that have income over $1 We also end tax breaks for big oil and the country, because, sadly, this prob- million will pay a 5.4-percent surtax on gas companies, which will bring in lem is so much broader than Justin. that income, which will go into an about $3.5 billion a year. Over the past More than a third—more than a third— emergency deficit reduction fund. Just decade, the five largest oil companies of lesbian, gay, and bisexual youth doing that—asking millionaires to pay have made a suicide attempt. More in the United States have earned near- a little bit more in taxes, after all the than a third. That is horrifying beyond ly $1 trillion in profits. Meanwhile, in huge tax breaks they have received— belief to me. recent years, some of the very largest will bring in approximately $50 billion We are failing these kids. That is oil companies in America have paid ab- a year. why I, along with 29 of my Senate col- I think that is a good idea, but it is solutely nothing in Federal income leagues, including the Presiding Offi- not just me who thinks it is a good taxes. In fact, some of them have actu- cer, have reintroduced the Student idea. Recently, last week, there was an ally gotten a refund, a rebate from the Nondiscrimination Act today. While NBC News/Wall Street Journal poll, IRS. Federal civil rights laws prohibit dis- and they asked the American people: So that is my plea. My plea is that, crimination on the basis of race, color, What is the best way to go forward on yes, the need for deficit reduction is sex, religion, disability, and national deficit reduction? Mr. President, 81 per- real. It is urgent. Let’s go forward, but origin, they do not expressly cover sex- cent of the American people believe it let’s go forward in a way that is fair ual origin or gender identity. As a re- is totally acceptable or mostly accept- and responsible and not simply on the sult, parents of LGBT students have able to impose a surtax on millionaires backs of the most vulnerable people in limited legal recourse when schools fail to reduce the deficit. this country. to protect their children from harass- The American people get it. They un- ment and bullying. By Mr. FRANKEN (for himself, derstand you cannot move toward def- You might be wondering why I am icit reduction just by cutting programs Mr. HARKIN, Mr. KERRY, Mrs. mentioning bullying and discrimina- that working families, the middle MURRAY, Ms. KLOBUCHAR, Mr. tion in the same breath. It is simple: class, and low-income people des- MERKLEY, Mr. DURBIN, Mr. LAU- When a school acts to protect kids with perately need in order to survive in the TENBERG, Mr. BENNET, Mr. disabilities from bullying but looks the midst of this terrible recession. They BLUMENTHAL, Mr. UDALL of Col- other way when LGBT kids are har- understand serious, responsible deficit orado, Ms. MIKULSKI, Mr. assed by their peers, that is discrimina- reduction requires shared sacrifice. It LEAHY, Mr. SANDERS, Mr. tion. When school staff members par- is insane—and I use that word advis- BINGAMAN, Mr. WHITEHOUSE, ticipate in or encourage bullying of ably—it is insane to be talking about Mr. CARDIN, Mrs. BOXER, Mrs. LGBT youth, that is discrimination. deficit reduction, as my Republican GILLIBRAND, Mr. MENENDEZ, Mr. When a principal excuses a bully who friends do on one hand, and then say: AKAKA, Mr. SCHUMER, Mr. torments an LGBT kid with ‘‘boys will Oh, yes, we have to give hundreds and WYDEN, Mr. BEGICH, Mr. CASEY, be boys,’’ this is discrimination and hundreds of billions of dollars in tax Ms. CANTWELL, Mr. BROWN of needs to stop. It needs to stop before breaks to the top 1 percent, the top 2 Ohio, Mrs. SHAHEEN, Mr. REED, more kids are hurt. percent, when those guys are doing and Mr. COONS): The Student Nondiscrimination Act phenomenally well, are seeing an effec- S. 555. A bill to end discrimination would prohibit discrimination and har- tive tax rate lower than it has been in based on actual or perceived sexual ori- assment in public schools based on sex- decades and have received huge tax entation or gender identity in public ual orientation and gender identity. It breaks already. schools, and for other purposes; to the would give LGBT students similar civil Why does anyone think it is moral or Committee on Health, Education, rights protections against bullying and right to move toward deficit reduction Labor, and Pensions. harassment as those that currently on the backs of the weak and the vul- Mr. FRANKEN. Mr. President, I wish apply to students based on characteris- nerable? I understand—and I know to tell you about a teenager whom I tics such as race and gender. something about politics—I do under- think you know about—Justin This legislation would also provide stand the parents of kids who are in Aaberg—from our home State of Min- meaningful remedies for discrimina- Head Start do not make large cam- nesota. Yesterday should have been tion in public schools based on sexual paign contributions. I know the senior Justin’s 16th birthday. Justin was a orientation or gender identity, modeled citizens of this country who need some kind young man, friendly and cheerful, on Title IX’s protection against dis- help with Social Security do not make a budding composer, but he was also crimination and harassment based on large campaign contributions. I under- the target for bullies at his high gender. Fifty years of civil rights his- stand that. I understand college stu- school, who targeted him because he tory shows that similar laws that con- dents, desperately trying to go through was different—because he was gay. tain such remedies are often most ef- college on a Pell grant, do not make I never had the opportunity to meet fective in preventing discrimination large campaign contributions. Justin. His family lost him to suicide from occurring in the first place. Like But there is a sense of morality we last summer. The Presiding Officer other civil rights laws, the one we in- have to deal with. I think it makes no knows that. But you and I have been troduce today would prompt schools to

VerDate Mar 15 2010 00:32 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S10MR1.REC S10MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S1558 CONGRESSIONAL RECORD — SENATE March 10, 2011 avoid liability by taking proactive this Act as ‘‘LGBT’’), or are perceived to be defined in section 9101 of the Elementary and steps to prevent the discrimination and LGBT, or who associate with LGBT people, Secondary Education Act of 1965 (20 U.S.C. bullying of students protected by the have been and are subjected to pervasive dis- 7801). bill. crimination, including harassment, bullying, (2) GENDER IDENTITY.—The term ‘‘gender intimidation, and violence, and have been identity’’ means the gender-related identity, I guarantee you that when this bill is deprived of equal educational opportunities, appearance, or mannerisms or other gender- passed, nearly every school district in in schools in every part of the Nation. related characteristics of an individual, with this country is going to go to its law- (2) While discrimination, including harass- or without regard to the individual’s des- yer and ask, ‘‘How do we come into ment, bullying, intimidation, and violence, ignated sex at birth. compliance?’’ I guarantee you that the of any kind is harmful to students and to the (3) HARASSMENT.—The term ‘‘harassment’’ U.S. Department of Education will education system, actions that target stu- means conduct that is sufficiently severe, issue regulations, as it has under Title dents based on sexual orientation or gender persistent, or pervasive to limit a student’s ability to participate in or benefit from a IX, so that schools have guidance in identity represent a distinct and especially severe problem. program or activity of a public school or how to protect these kids. The goal (3) Numerous social science studies dem- educational agency, or to create a hostile or isn’t for any school to be sued for fail- onstrate that discrimination, including har- abusive educational environment at a pro- ing to protect kids from bullying and assment, bullying, intimidation, and vio- gram or activity of a public school or edu- harassment. The goal isn’t for any lence, at school has contributed to high rates cational agency, including acts of verbal, school to come under Department of of absenteeism, dropping out, adverse health nonverbal, or physical aggression, intimida- Education scrutiny. The goal is for consequences, and academic underachieve- tion, or hostility, if such conduct is based schools to do all they can to ensure ment, among LGBT youth. on— (A) a student’s actual or perceived sexual these incidents never happen in the (4) When left unchecked, discrimination, including harassment, bullying, intimida- orientation or gender identity; or first place. tion, and violence, in schools based on sexual (B) the actual or perceived sexual orienta- Parents in Minnesota and across the orientation or gender identity can lead, and tion or gender identity of a person with country entrust their children to pub- has led, to life-threatening violence and to whom a student associates or has associated. lic schools with the understanding that suicide. (4) PROGRAM OR ACTIVITY.—The terms ‘‘pro- these schools will do everything in (5) Public school students enjoy a variety gram or activity’’ and ‘‘program’’ have the their power to keep their children safe. of constitutional rights, including rights to same meanings given such terms as applied When 9 in 10 LGBT kids are bullied at equal protection, privacy, and free expres- under section 606 of the Civil Rights Act of 1964 (42 U.S.C. 2000d–4a) to the operations of school, when they are three times more sion, which are infringed when school offi- cials engage in or are indifferent to discrimi- public entities under paragraph (2)(B) of such likely than straight kids to feel unsafe nation, including harassment, bullying, in- section. at school, when one third of LGBT kids timidation, and violence, on the basis of sex- (5) PUBLIC SCHOOL.—The term ‘‘public say they have skipped a day of school ual orientation or gender identity. school’’ means an elementary school (as the in the last month because of feeling un- (6) While Federal statutory provisions ex- term is defined in section 9101 of the Elemen- safe, then we know that our public edu- pressly address discrimination on the basis tary and Secondary Education Act of 1965) cation system is not fulfilling its most of race, color, sex, religion, disability, and that is a public institution, and a secondary basic obligation to parents to keep national origin, Federal civil rights statutes school (as so defined) that is a public institu- tion. children safe. We have an obligation to do not expressly address discrimination on the basis of sexual orientation or gender (6) SEXUAL ORIENTATION.—The term ‘‘sex- do something about it. identity. As a result, students and parents ual orientation’’ means homosexuality, het- Yesterday, Justin Aaberg from Min- have often had limited recourse to law for erosexuality, or bisexuality. nesota should have celebrated his 16th remedies for discrimination on the basis of (7) STUDENT.—The term ‘‘student’’ means birthday with family and friends. But sexual orientation or gender identity. an individual who is enrolled in a public instead, I know that his family and (b) PURPOSES.—The purposes of this Act school or who, regardless of official enroll- friends were missing him terribly—are are— ment status, attends classes or participates still missing him terribly. (1) to ensure that all students have access in the programs or activities of a public school or educational agency. No child should have to go through to public education in a safe environment free from discrimination, including harass- (b) RULE.—Consistent with Federal law, in the pain that Justin went through at ment, bullying, intimidation, and violence, this Act the term ‘‘includes’’ means ‘‘in- school. No mom or dad should have to on the basis of sexual orientation or gender cludes but is not limited to’’. go through the heartbreaking pain that identity; SEC. 4. PROHIBITION AGAINST DISCRIMINATION. Justin’s family has gone through. It is (2) to provide a comprehensive Federal pro- (a) IN GENERAL.—No student shall, on the time. It is time that we extend equal hibition of discrimination in public schools basis of actual or perceived sexual orienta- rights to LGBT students. We have the based on actual or perceived sexual orienta- tion or gender identity of such individual or tion or gender identity; of a person with whom the student associ- opportunity now, as we reform No ates or has associated, be excluded from par- Child Left Behind—the ESEA, the Ele- (3) to provide meaningful and effective remedies for discrimination in public schools ticipation in, be denied the benefits of, or be mentary and Secondary Education based on actual or perceived sexual orienta- subjected to discrimination under any pro- Act—to include this legislation. Our tion or gender identity; gram or activity receiving Federal financial children cannot afford for us to squan- (4) to invoke congressional powers, includ- assistance. (b) HARASSMENT.—For purposes of this Act, ing the power to enforce the 14th Amend- der this opportunity. I urge my col- discrimination includes harassment of a stu- leagues to join me today in supporting ment to the Constitution and to provide for dent on the basis of actual or perceived sex- the Student Non-Discrimination Act the general welfare pursuant to section 8 of ual orientation or gender identity of such and demanding protection for all of our article I of the Constitution and the power to student or of a person with whom the stu- children under the law. make all laws necessary and proper for the dent associates or has associated. execution of the foregoing powers pursuant (c) RETALIATION PROHIBITED.— Mr. President, I ask unanimous con- to section 8 of article I of the Constitution, sent that the text of the bill be printed (1) PROHIBITION.—No person shall be ex- in order to prohibit discrimination in public cluded from participation in, be denied the in the RECORD. schools on the basis of sexual orientation or benefits of, or be subjected to discrimina- There being no objection, the text of gender identity; and tion, retaliation, or reprisal under any pro- the bill was ordered to be printed in (5) to allow the Department of Education gram or activity receiving Federal financial the RECORD, as follows: to effectively combat discrimination based assistance based on the person’s opposition on sexual orientation or gender identity in S. 555 to conduct made unlawful by this Act. public schools, through regulation and en- (2) DEFINITION.—For purposes of this sub- Be it enacted by the Senate and House of Rep- forcement, as the Department has issued reg- section, ‘‘opposition to conduct made unlaw- resentatives of the United States of America in ulations under and enforced title IX of the ful by this Act’’ includes— Congress assembled, Education Amendments of 1972 and other (A) opposition to conduct reasonably be- SECTION 1. SHORT TITLE. nondiscrimination laws in a manner that ef- lieved to be made unlawful by this Act; This Act may be cited as the ‘‘Student fectively addresses discrimination. (B) any formal or informal report, whether Non-Discrimination Act of 2011’’. SEC. 3. DEFINITIONS AND RULE. oral or written, to any governmental entity, SEC. 2. FINDINGS AND PURPOSES. (a) DEFINITIONS.—For purposes of this Act: including public schools and educational (a) FINDINGS.—The Congress finds the fol- (1) EDUCATIONAL AGENCY.—The term ‘‘edu- agencies and employees of the public schools lowing: cational agency’’ means a local educational or educational agencies, regarding conduct (1) Public school students who are lesbian, agency, an educational service agency, and a made unlawful by this Act or reasonably be- gay, bisexual, or transgender (referred to in State educational agency, as those terms are lieved to be made unlawful by this Act;

VerDate Mar 15 2010 00:32 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S10MR1.REC S10MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE March 10, 2011 CONGRESSIONAL RECORD — SENATE S1559 (C) participation in any investigation, pro- (c) STATUTE OF LIMITATIONS.—For actions BOXER, Mr. BROWN of Ohio, Ms. ceeding, or hearing related to conduct made brought pursuant to this section, the statute CANTWELL, Mr. CARDIN, Mr. unlawful by this Act or reasonably believed of limitations period shall be determined in CASEY, Mr. DURBIN, Mr. to be made unlawful by this Act; and accordance with section 1658(a) of title 28, FRANKEN, Mr. HARKIN, Mr. (D) assistance or encouragement provided United States Code. The tolling of any such to any other person in the exercise or enjoy- limitations period shall be determined in ac- JOHNSON of South Dakota, Ms. ment of any right granted or protected by cordance with the law governing actions KLOBUCHAR, Mr. MENENDEZ, Mr. this Act, under section 1979 of the Revised Statutes (42 MERKLEY, Ms. MIKULSKI, Mrs. if in the course of that expression, the person U.S.C. 1983) in the State in which the action MURRAY, Mr. ROCKEFELLER, Mr. involved does not purposefully provide infor- is brought. SANDERS, Mr. UDALL of New mation known to be false to any public SEC. 7. STATE IMMUNITY. Mexico, Mr. WHITEHOUSE, and school or educational agency or other gov- (a) STATE IMMUNITY.—A State shall not be Mr. WYDEN): ernmental entity regarding conduct made immune under the 11th Amendment to the S. 558. A bill to limit the use of clus- unlawful, or reasonably believed to be made Constitution from suit in Federal court for a ter munitions; to the Committee on unlawful, by this Act. violation of this Act. Foreign Relations. (b) WAIVER.—A State’s receipt or use of SEC. 5. FEDERAL ADMINISTRATIVE ENFORCE- Mrs. FEINSTEIN. Mr. President, I MENT; REPORT TO CONGRESSIONAL Federal financial assistance for any program COMMITTEES. or activity of a State shall constitute a rise today with my friend and col- (a) REQUIREMENTS.—Each Federal depart- waiver of sovereign immunity, under the league from Vermont, Senator LEAHY, ment and agency which is empowered to ex- 11th Amendment or otherwise, to a suit and 20 co-sponsors to introduce the tend Federal financial assistance to any edu- brought by an aggrieved individual for a vio- Cluster Munitions Civilian Protection cation program or activity, by way of grant, lation of section 4. Act of 2011. loan, or contract other than a contract of in- (c) REMEDIES.—In a suit against a State for Cluster munitions are large bombs, surance or guaranty, is authorized and di- a violation of this Act, remedies (including rockets, or artillery shells that contain rected to effectuate the provisions of section remedies both at law and in equity) are 4 with respect to such program or activity by available for such a violation to the same ex- up to hundreds of small submunitions, issuing rules, regulations, or orders of gen- tent as such remedies are available for such or individual ‘‘bomblets.’’ eral applicability which shall be consistent a violation in the suit against any public or They are intended for attacking with achievement of the objectives of the private entity other than a State. enemy troop formations and armor statute authorizing the financial assistance SEC. 8. ATTORNEY’S FEES. covering over a half mile radius. in connection with which the action is Section 722(b) of the Revised Statutes (42 But, in reality, they pose a deadly taken. No such rule, regulation, or order U.S.C. 1988(b)) is amended by inserting ‘‘the threat to innocent civilians. Before I shall become effective unless and until ap- Student Non-Discrimination Act of 2011,’’ discuss our legislation, I would like to proved by the President. after ‘‘Religious Land Use and Institutional- share a few stories that show what (b) ENFORCEMENT.—Compliance with any ized Persons Act of 2000,’’. requirement adopted pursuant to this sec- these weapons can do. SEC. 9. EFFECT ON OTHER LAWS. tion may be effected— Several months after the end of the (a) FEDERAL AND STATE NONDISCRIMINATION (1) by the termination of or refusal to Iraq war, Ahmed, 12 years old from LAWS.—Nothing in this Act shall be con- grant or to continue assistance under such Kebala, Iraq, was walking with his 9- strued to preempt, invalidate, or limit program or activity to any recipient as to rights, remedies, procedures, or legal stand- year-old brother and picked up what he whom there has been an express finding on ards available to victims of discrimination thought was just a shiny object, but the record, after opportunity for hearing, of or retaliation, under any other Federal law was, in fact, a cluster bomb. a failure to comply with such requirement, or law of a State or political subdivision of It exploded and Ahmed lost his right but such termination or refusal shall be lim- a State, including title VI of the Civil Rights ited to the particular political entity, or hand and three fingers off his left hand. Act of 1964 (42 U.S.C. 2000d et seq.), title IX part thereof, or other recipient as to whom He also lost an eye and suffered of the Education Amendments of 1972 (20 such a finding has been made, and shall be shrapnel wounds to his torso and head. U.S.C. 1681 et seq.), section 504 of the Reha- limited in its effect to the particular pro- A young shepherd, Akim, 13 years bilitation Act of 1973 (29 U.S.C. 794), the gram, or part thereof, in which such non- Americans with Disabilities Act of 1990 (42 old, from Al-Radwaniya, Iraq, was compliance has been so found; or U.S.C. 12101 et seq.), or section 1979 of the Re- playing on his parents’ farm when it (2) by any other means authorized by law, vised Statutes (42 U.S.C. 1983). The obliga- was hit by a cluster bomb attack. except that no such action shall be taken tions imposed by this Act are in addition to He suffered burns to his lower limbs until the department or agency concerned those imposed by title VI of the Civil Rights has advised the appropriate person or per- and multiple fractures to his right leg. Act of 1964 (42 U.S.C. 2000d et seq.), title IX sons of the failure to comply with the re- His wounds became infected and he of the Education Amendments of 1972 (20 quirement and has determined that compli- developed pressure ulcers. U.S.C. 1681 et seq.), section 504 of the Reha- ance cannot be secured by voluntary means. In 2003, 30 years after the Vietnam bilitation Act of 1973 (29 U.S.C. 794), the (c) REPORTS.—In the case of any action ter- war, Dan, 9 years old from Phalanexay, minating, or refusing to grant or continue, Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), and section 1979 of the Laos, was injured when he picked up assistance because of failure to comply with and played with a cluster bomb. It ex- a requirement imposed pursuant to this sec- Revised Statutes (42 U.S.C. 1983). REE SPEECH AND EXPRESSION LAWS AND ploded. tion, the head of the Federal department or (b) F RELIGIOUS STUDENT GROUPS.—Nothing in this He suffered massive abdominal trau- agency shall file with the committees of the Act shall be construed to alter legal stand- House of Representatives and Senate having ma, multiple shrapnel wounds, and a ards regarding, or affect the rights available legislative jurisdiction over the program or broken arm and leg. to individuals or groups under, other Federal activity involved a full written report of the Waleed Thamer, 10 years old, is from laws that establish protections for freedom circumstances and the grounds for such ac- Iraq. In 2003, he was wounded by a clus- of speech and expression, such as legal stand- tion. No such action shall become effective ards and rights available to religious and ter bomb on his way to the local mar- until 30 days have elapsed after the filing of other student groups under the First Amend- ket. such report. ment and the Equal Access Act (20 U.S.C. He lost his right hand and suffered SEC. 6. CAUSE OF ACTION. 4071 et seq.). shrapnel wounds to his eyes, neck, (a) CAUSE OF ACTION.—Subject to sub- SEC. 10. SEVERABILITY. torso, and thighs. section (c), an aggrieved individual may These stories are deeply distressing. bring an action in a court of competent ju- If any provision of this Act, or any applica- risdiction, asserting a violation of this Act. tion of such provision to any person or cir- But they show us why our legislation is Aggrieved individuals may be awarded all cumstance, is held to be unconstitutional, necessary. appropriate relief, including equitable relief, the remainder of this Act, and the applica- Our legislation places commonsense compensatory damages, and costs of the ac- tion of the provision to any other person or restrictions on the use of cluster tion. circumstance shall not be impacted. bombs. It prevents any funds from (b) RULE OF CONSTRUCTION.—This section SEC. 11. EFFECTIVE DATE. being spent to use cluster munitions shall not be construed to preclude an ag- This Act shall take effect 60 days after the that have a failure rate of more than 1 date of enactment of this Act and shall not grieved individual from obtaining remedies percent; and unless the rules of engage- under any other provision of law or to re- apply to conduct occurring before the effec- quire such individual to exhaust any admin- tive date of this Act. ment specify the cluster munitions will istrative complaint process or notice of only be used against clearly defined claim requirement before seeking redress By Mrs. FEINSTEIN (for herself, military targets; and will not be used under this section. Mr. LEAHY, Mr. BINGAMAN, Mrs. where civilians are known to be

VerDate Mar 15 2010 00:32 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S10MR1.REC S10MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S1560 CONGRESSIONAL RECORD — SENATE March 10, 2011 present or in areas normally inhabited This group includes key NATO allies ministration will undertake this re- by civilians. such as Canada, the United Kingdom, view following the policy review on Finally, our legislation includes a na- France, and Germany, who are fighting U.S. landmines policy. tional security waiver that allows the alongside our troops in Afghanistan. The administration should complete President to waive the prohibition on It includes 33 countries that have this review without delay. the use of cluster bombs with a failure produced and used cluster munitions. Let us not forget that the United rate of more than 1 percent, if he deter- To date, 108 countries have signed States maintains an arsenal of an esti- mines it is vital to protect the security the convention and 48 have ratified it. mated 5.5 million cluster munitions of the United States to do so. It formally came into force on Au- containing 728 million submunitions If the President issues the waiver, he gust 1, 2010. which have an estimated failure rate of must issue a report to Congress within In 2007, Congress passed and Presi- between 5 and 15 percent. 30 days on the failure rate of the clus- dent Bush signed into law a provision What does that say about us, that we ter bombs used and the steps taken to from our legislation contained in the are still prepared to use, sell and trans- protect innocent civilians. fiscal year 2008 Consolidated Appro- fer these weapons with well-known fail- If our bill is enacted, it will have an priations Act prohibiting the sale and ure rates? immediate impact. transfer of cluster bombs with a failure The fact is, cluster munition tech- Out of the 728.5 million cluster sub- rate of more than 1 percent. nologies already exist, that meet the 1 munitions in the U.S. arsenal, only Congress extended this ban as a part percent standard. Why do we need to 30,900 have self-destruct devices that of the Omnibus Appropriations Act for wait 10 years? would ensure a less than 1 percent dud fiscal year 2009 and the Consolidated This delay is especially troubling rate. Appropriations Act of 2010. given that in 2001, former Secretary of Those submunitions account for only These actions will help save lives. Defense William Cohen issued his own 0.00004 percent of the U.S. total. But much more work remains to be policy on cluster munitions stating So, the technology exists for the U.S. done and significant obstacles remain. that, beginning in fiscal year 2005, all to meet the 1 percent standard but our For one, the United States chose not new cluster munitions must have a arsenal consists overwhelmingly of to participate in the Oslo process or failure rate of less than 1 percent. cluster bombs with high failure rates. sign the treaty. Unfortunately, the Pentagon was un- Simply put, our bill will help save The Pentagon continues to believe able to meet this deadline and Sec- lives. that cluster munitions are ‘‘legitimate retary Gates’ new policy essentially As the above stories demonstrate, weapons with clear military utility in postpones any meaningful action for cluster bombs pose a real threat to the combat.’’ another 10 years. safety of civilians when used in popu- It would prefer that the United That means if we do nothing, by 2018 lated areas because they leave hun- States work within the Geneva-based close to 20 years will have passed since dreds of unexploded bombs over a very Convention on Certain Conventional the Pentagon first recognized the large area and they are often inac- Weapons, CCW, to negotiate limits on threat these deadly weapons pose to in- curate. the use of cluster munitions. nocent civilians. Indeed, the human toll of these weap- Yet these efforts have been going on We can do better. ons has been terrible: since 2001 and it was the inability of Our legislation simply moves up the In Laos, approximately 11,000 people, the CCW to come to any meaningful Gates policy by 7 years. 30 percent of them children, have been agreement which prompted other coun- For those of my colleagues who are killed or injured by U.S. cluster muni- tries, led by Norway, to pursue an al- concerned that it may be too soon to tions since the Vietnam war ended. enact a ban on the use of cluster bombs In Afghanistan, between October 2001 ternative treaty through the Oslo proc- ess. with failure rates of more than 1 per- and November 2002, 127 civilians lost cent, I point out again that our bill al- their lives due to cluster munitions, 70 A lack of U.S. leadership in this area has given cover to other major cluster lows the President to waive this re- percent of them under the age of 18. striction if he determines it is vital to An estimated 1,220 Kuwaitis and 400 munitions producing nations—China, Russia, India, Pakistan, Israel, and protect the security of the United Iraqi civilians have been killed by clus- States to do so. ter munitions since 1991. Egypt—who have refused to sign the Oslo Convention as well. I would also remind my colleagues In the 2006 war in Lebanon, Israeli that the United States has not used cluster munitions, many of them man- Recognizing the United States could not remain silent in the face of inter- cluster bombs in Iraq since 2003 and has ufactured in the U.S., injured and observed a moratorium on their use in killed 343 civilians. national efforts to restrict the use of cluster bombs, Secretary of Defense Afghanistan since 2002. During the 2003 invasion of Baghdad, We introduce this legislation to Robert Gates issued a new policy on the last time the U.S. used cluster mu- make this moratorium permanent for cluster munitions in June 2008 stating nitions, these weapons killed more ci- the entire U.S. arsenal of cluster muni- that after 2018, the use, sale and trans- vilians than any other type of U.S. tions. fer of cluster munitions with a failure weapon. We introduce this legislation for chil- rate of more than 1 percent would be The U.S. 3rd Infantry Division de- dren like Hassan Hammade. scribed cluster munitions as ‘‘battle- prohibited. A 13-year-old Lebanese boy, Hassan field losers’’ in Iraq, because they were The policy is a step in the right di- lost four fingers and sustained injuries often forced to advance through areas rection, but under the terms of this to his stomach and shoulder after he contaminated with unexploded duds. new policy, the Pentagon will still picked up an unexploded cluster bomb During the 1991 Gulf War, U.S. clus- have the authority to use cluster in front of an orange tree. ter munitions caused more U.S. troop bombs with high failure rates for the He said: next 10 years. casualties than any single Iraqi weapon I started playing with it and it blew up. I system, killing 22 U.S. servicemen. That is unacceptable and runs didn’t know it was a cluster bomb—it just Yet we have seen significant progress counter to our values. The administra- looked like a burned out piece of metal. in the effort to protect innocent civil- tion should take another look at this All the children are too scared to go out ians from these deadly weapons since policy. now, we just play on the main roads or in our we first introduced this legislation in In fact, on September 29, 2009, Sen- homes. the 110th Congress. ator LEAHY and I were joined by 14 of I urge my colleagues to support this In December 2008, 95 countries came our colleagues in sending a letter to legislation. We should do whatever we together to sign the Oslo Convention President Obama urging him to con- can to protect more innocent children on Cluster Munitions which would pro- duct a thorough review of U.S. policy and other civilians from these dan- hibit the production, use, and export of on cluster munitions. gerous weapons. cluster bombs and requires signatories On April 14, 2010, we received a re- Mr. President, I ask unanimous con- to eliminate their arsenals within 8 sponse from then National Security sent that the text of the bill be printed years. Advisor Jim Jones stating that the ad- in the RECORD.

VerDate Mar 15 2010 00:32 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S10MR1.REC S10MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE March 10, 2011 CONGRESSIONAL RECORD — SENATE S1561 There being no objection, the text of In 2003, Congress enacted the Medi- The Veterans Administration has au- the bill was ordered to be printed in care Modernization Act, which added a thority to directly negotiate with drug the RECORD, as follows: long overdue prescription drug benefit companies, and as a result it has cut S. 558 to Medicare. Senior citizens and people drug prices by as much as 50 percent. A Be it enacted by the Senate and House of Rep- with disabilities were relieved to fi- study published in 2008 found that if resentatives of the United States of America in nally have coverage for this important Medicare negotiated drug prices on be- Congress assembled, aspect of their healthcare needs. half of seniors, $21.5 billion could be SECTION 1. SHORT TITLE. The way the Part D program was saved annually. This Act may be cited as the ‘‘Cluster Mu- structured under the original law, it The Medicare Prescription Drug Sav- nitions Civilian Protection Act of 2011’’. included a coverage gap known as the ings and Choice Act of 2011 would pro- SEC. 2. LIMITATION ON THE USE OF CLUSTER MUNITIONS. ‘‘donut hole.’’ Once an initial coverage vide a simple and stable way to obtain No funds appropriated or otherwise avail- limit was reached, beneficiaries had to drug coverage, since the plan Medicare- able to any Federal department or agency absorb 100 percent of their drug costs operated prescription drug plan would may be obligated or expended to use any until catastrophic coverage kicked in. be available nationwide every year, and cluster munitions unless— That meant that approximately 3.4 would charge everyone the same pre- (1) the submunitions of the cluster muni- million seniors nationwide with the mium. tions, after arming, do not result in more heaviest reliance on prescription drugs than 1 percent unexploded ordnance across It would also save money because the the range of intended operational environ- faced the prospect of paying up to Secretary of Health and Human Serv- ments; and $4,000 out of pocket before they quali- ices would have the tools to design a (2) the policy applicable to the use of such fied for further assistance from Medi- formulary and negotiate prices with cluster munitions specifies that the cluster care. drug companies. The best medical evi- munitions will only be used against clearly When Congress passed the Affordable dence would determine which drugs are defined military targets and will not be used Care Act last year, we made significant covered in the formulary, and it would where civilians are known to be present or in improvements to the Medicare Part D be used to promote safety, appropriate areas normally inhabited by civilians. program. Seniors who hit the ‘‘donut use of drugs, and value. SEC. 3. PRESIDENTIAL WAIVER. hole’’ in 2010 received a one-time $250 The President may waive the requirement The bill would establish an appeals under section 2(1) if, prior to the use of clus- check. This helped 109,421 seniors in Il- process that is efficient, imposes mini- ter munitions, the President— linois pay for their prescriptions dur- mal administrative burdens, and en- (1) certifies that it is vital to protect the ing the coverage gap. In addition, this sures timely procurement of non-for- security of the United States; and year Medicare beneficiaries will re- mulary drugs or non-preferred drugs (2) not later than 30 days after making ceive a 50 percent discount on brand when medically necessary. such certification, submits to the appro- name drugs in the donut hole, and the The Secretary would also develop a priate congressional committees a report, in donut hole will be fully closed by 2020. system for paying pharmacies that classified form if necessary, describing in de- tail— This means that Illinois seniors will would include the prompt payment of (A) the steps that will be taken to protect save $1.2 billion in out of pocket costs claims. civilians; and over the next decade. Seniors want the ability to choose a (B) the failure rate of the cluster muni- The bill I am introducing today Medicare-administered drug plan. Let tions that will be used and whether such mu- would make yet another improvement us give them this option—just as they nitions are fitted with self-destruct or self- to the Medicare prescription drug ben- have this choice with every other ben- deactivation devices. efit. The Part D program is not struc- efit covered by Medicare. SEC. 4. CLEANUP PLAN. tured like the rest of Medicare. For all A Medicare administered drug plan Not later than 90 days after any cluster other Medicare benefits, seniors can would create a ‘‘win-win’’ situation munitions are used by a Federal department or agency, the President shall submit to the choose whether to receive benefits di- that could save billions of taxpayer appropriate congressional committees a rectly through Medicare or through a dollars and provide a high-quality af- plan, prepared by such Federal department private insurance plan. The over- fordable option to seniors. or agency, for cleaning up any such cluster whelming majority choose the Medi- Mr. President I ask unanimous con- munitions and submunitions which fail to care-run option for their hospital and sent that the text of the bill be printed explode and continue to pose a hazard to ci- physician coverage. in the RECORD. vilians. No such choice is available for pre- There being no objection, the text of SEC. 5. APPROPRIATE CONGRESSIONAL COMMIT- scription drugs. Medicare beneficiaries TEES DEFINED. the bill was ordered to be printed in In this Act, the term ‘‘appropriate congres- must enroll in a private insurance plan the RECORD, as follows: sional committees’’ means the Committee on to obtain drug coverage. S. 560 Foreign Relations, the Committee on Armed In many regions, dozens of plan Be it enacted by the Senate and House of Rep- Services, and the Committee on Appropria- choices are available and each plan has resentatives of the United States of America in tions of the Senate and the Committee on its own premium, cost-sharing require- Congress assembled, Foreign Affairs, the Committee on Armed ments, list of covered drugs, and phar- SECTION 1. SHORT TITLE. Services, and the Committee on Appropria- macy network. After you have identi- This Act may be cited as the ‘‘Medicare tions of the House of Representatives. fied the right drug plan, you have to go Prescription Drug Savings and Choice Act of By Mr. DURBIN (for himself, Mr. through the whole process again at the 2011’’. SEC. 2. ESTABLISHMENT OF MEDICARE OPER- BROWN of Ohio, and Mr. AKAKA): end of the year because your plan may have changed the drugs it covers or ATED PRESCRIPTION DRUG PLAN S. 560. A bill to amend title XVIII of OPTION. added new restrictions on how to ac- the Social Security Act to deliver a (a) IN GENERAL.—Subpart 2 of part D of meaningful benefit and lower prescrip- cess covered drugs. Anyone who has title XVIII of the Social Security Act is tion drug prices under the Medicare visited a senior center or spoken with amended by inserting after section 1860D–11 program; to the Committee on Fi- an elderly relative knows that the (42 U.S.C. 1395w–111) the following new sec- nance. complexity of the drug benefit has cre- tion: Mr. DURBIN. Mr. President, this ated confusion. ‘‘MEDICARE OPERATED PRESCRIPTION DRUG Congress, members from both sides of Adding to the frustration with the PLAN OPTION the aisle recognize the need to reduce program so far is accumulating evi- ‘‘SEC. 1860D–11A. (a) IN GENERAL.—Not- the national deficit. Today, I am intro- dence that private drug plans have not withstanding any other provision of this ducing the Medicare Prescription been effective negotiators, which part, for each year (beginning with 2012), in Drugs Savings and Choice Act of 2011, a means seniors and taxpayers end up addition to any plans offered under section bill that would save taxpayer dollars paying more than they should. 1860D–11, the Secretary shall offer one or We know that drug prices are higher more Medicare operated prescription drug by giving Medicare beneficiaries the plans (as defined in subsection (c)) with a choice to participate in a Medicare in private Medicare drug plans than service area that consists of the entire Part D prescription drug plan run by drug prices available through the Vet- United States and shall enter into negotia- Medicare, not private insurance com- erans Administration, Medicaid, and tions in accordance with subsection (b) with panies. other countries like Canada. pharmaceutical manufacturers to reduce the

VerDate Mar 15 2010 00:32 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S10MR1.REC S10MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S1562 CONGRESSIONAL RECORD — SENATE March 10, 2011

purchase cost of covered part D drugs for eli- ‘‘(iii) use the same classes of drugs devel- ‘‘(B) COMPOSITION.—The advisory com- gible part D individuals who enroll in such a oped by the United States Pharmacopeia for mittee shall be composed of 9 members and plan. this part; shall include representatives of physicians, ‘‘(b) NEGOTIATIONS.—Notwithstanding sec- ‘‘(iv) consider evaluations made by— pharmacists, and consumers and others with tion 1860D–11(i), for purposes of offering a ‘‘(I) the Director under section 1013 of the expertise in evaluating prescription drugs. Medicare operated prescription drug plan Medicare Prescription Drug, Improvement, The Secretary shall select members based on under this section, the Secretary shall nego- and Modernization Act of 2003; their knowledge of pharmaceuticals and the tiate with pharmaceutical manufacturers ‘‘(II) other Federal entities, such as the Medicare population. Members shall be with respect to the purchase price of covered Secretary of Veterans Affairs; and deemed to be special Government employees part D drugs in a Medicare operated prescrip- ‘‘(III) other private and public entities, for purposes of applying the conflict of inter- tion drug plan and shall encourage the use of such as the Drug Effectiveness Review est provisions under section 208 of title 18, more affordable therapeutic equivalents to Project and Medicaid programs; and United States Code, and no waiver of such the extent such practices do not override ‘‘(v) recommend to the Secretary— provisions for such a member shall be per- medical necessity as determined by the pre- mitted. scribing physician. To the extent practicable ‘‘(I) those drugs in a class that provide a ‘‘(C) CONSULTATION.—The advisory com- and consistent with the previous sentence, greater clinical benefit, including fewer safe- mittee shall consult, as necessary, with phy- the Secretary shall implement strategies ty concerns or less risk of side-effects, than sicians who are specialists in treating the similar to those used by other Federal pur- another drug in the same class that should disease for which a drug is being considered. chasers of prescription drugs, and other be included in the formulary; ‘‘(D) REQUEST FOR STUDIES.—The advisory strategies, including the use of a formulary ‘‘(II) those drugs in a class that provide and formulary incentives in subsection (e), less clinical benefit, including greater safety committee may request the Agency for to reduce the purchase cost of covered part D concerns or a greater risk of side-effects, Healthcare Research and Quality or an aca- drugs. than another drug in the same class that demic or research institution to study and ‘‘(c) MEDICARE OPERATED PRESCRIPTION should be excluded from the formulary; and make a report on a petition described in sub- DRUG PLAN DEFINED.—For purposes of this ‘‘(III) drugs in a class with same or similar paragraph (A)(ii) in order to assess— part, the term ‘Medicare operated prescrip- clinical benefit for which it would be appro- ‘‘(i) clinical effectiveness; tion drug plan’ means a prescription drug priate for the Secretary to competitively bid ‘‘(ii) comparative effectiveness; plan that offers qualified prescription drug (or negotiate) for placement on the for- ‘‘(iii) safety; and coverage and access to negotiated prices de- mulary. ‘‘(iv) enhanced compliance with a drug reg- scribed in section 1860D–2(a)(1)(A). Such a ‘‘(C) CONSIDERATION OF AHRQ RECOMMENDA- imen. plan may offer supplemental prescription TIONS.— ‘‘(E) RECOMMENDATIONS.—The advisory drug coverage in the same manner as other ‘‘(i) IN GENERAL.—The Secretary, after tak- committee shall make recommendations to qualified prescription drug coverage offered ing into consideration the recommendations the Secretary regarding— by other prescription drug plans. under subparagraph (B)(v), shall establish a ‘‘(i) whether a covered part D drug is found ‘‘(d) MONTHLY BENEFICIARY PREMIUM.— formulary, and formulary incentives, to en- to provide a greater clinical benefit, includ- ‘‘(1) QUALIFIED PRESCRIPTION DRUG COV- courage use of covered part D drugs that— ing fewer safety concerns or less risk of side- ERAGE.—The monthly beneficiary premium ‘‘(I) have a lower cost and provide a greater effects, than another drug in the same class for qualified prescription drug coverage and clinical benefit than other drugs; that is currently included in the formulary access to negotiated prices described in sec- ‘‘(II) have a lower cost than other drugs and should be included in the formulary; tion 1860D–2(a)(1)(A) to be charged under a with same or similar clinical benefit; and ‘‘(ii) whether a covered part D drug is Medicare operated prescription drug plan ‘‘(III) drugs that have the same cost but found to provide less clinical benefit, includ- shall be uniform nationally. Such premium provide greater clinical benefit than other ing greater safety concerns or a greater risk for months in 2012 and each succeeding year drugs. of side-effects, than another drug in the shall be based on the average monthly per ‘‘(ii) FORMULARY INCENTIVES.—The for- same class that is currently included in the capita actuarial cost of offering the Medi- mulary incentives under clause (i) may be in formulary and should not be included in the care operated prescription drug plan for the the form of one or more of the following: formulary; and year involved, including administrative ex- ‘‘(I) Tiered copayments. ‘‘(iii) whether a covered part D drug has penses. ‘‘(II) Reference pricing. the same or similar clinical benefit to a drug ‘‘(2) SUPPLEMENTAL PRESCRIPTION DRUG ‘‘(III) Prior authorization. in the same class that is currently included COVERAGE.—Insofar as a Medicare operated ‘‘(IV) Step therapy. in the formulary and whether the drug prescription drug plan offers supplemental ‘‘(V) Medication therapy management. should be included in the formulary. prescription drug coverage, the Secretary ‘‘(VI) Generic drug substitution. ‘‘(F) LIMITATIONS ON REVIEW OF MANUFAC- may adjust the amount of the premium LEXIBILITY.—In applying such for- TURER PETITIONS.—The advisory committee charged under paragraph (1). ‘‘(iii) F mulary incentives the Secretary may decide shall not review a petition of a drug manu- ‘‘(e) USE OF A FORMULARY AND FORMULARY facturer under subparagraph (A)(ii) with re- INCENTIVES.— not to impose any cost-sharing for a covered spect to a covered part D drug unless the pe- ‘‘(1) IN GENERAL.—With respect to the oper- part D drug for which— tition is accompanied by the following: ation of a Medicare operated prescription ‘‘(I) the elimination of cost sharing would ‘‘(i) Raw data from clinical trials on the drug plan, the Secretary shall establish and be expected to increase compliance with a safety and effectiveness of the drug. apply a formulary (and may include for- drug regimen; and ‘‘(ii) Any data from clinical trials con- mulary incentives described in paragraph ‘‘(II) compliance would be expected to ducted using active controls on the drug or (2)(C)(ii)) in accordance with this subsection produce savings under part A or B or both. drugs that are the current standard of care. in order to— ‘‘(3) LIMITATIONS ON FORMULARY.—In any ‘‘(iii) Any available data on comparative ‘‘(A) increase patient safety; formulary established under this subsection, effectiveness of the drug. ‘‘(B) increase appropriate use and reduce the formulary may not be changed during a inappropriate use of drugs; and year, except— ‘‘(iv) Any other information the Secretary ‘‘(C) reward value. ‘‘(A) to add a generic version of a covered requires for the advisory committee to com- plete its review. ‘‘(2) DEVELOPMENT OF INITIAL FORMULARY.— part D drug that entered the market; ‘‘(G) RESPONSE TO RECOMMENDATIONS.—The ‘‘(A) IN GENERAL.—In selecting covered ‘‘(B) to remove such a drug for which a part D drugs for inclusion in a formulary, safety problem is found; and Secretary shall review the recommendations the Secretary shall consider clinical benefit ‘‘(C) to add a drug that the Secretary iden- of the advisory committee and if the Sec- and price. tifies as a drug which treats a condition for retary accepts such recommendations the ‘‘(B) ROLE OF AHRQ.—The Director of the which there has not previously been a treat- Secretary shall modify the formulary estab- Agency for Healthcare Research and Quality ment option or for which a clear and signifi- lished under this subsection accordingly. shall be responsible for assessing the clinical cant benefit has been demonstrated over Nothing in this section shall preclude the benefit of covered part D drugs and making other covered part D drugs. Secretary from adding to the formulary a recommendations to the Secretary regarding ‘‘(4) ADDING DRUGS TO THE INITIAL FOR- drug for which the Director of the Agency which drugs should be included in the for- MULARY.— for Healthcare Research and Quality or the mulary. In conducting such assessments and ‘‘(A) USE OF ADVISORY COMMITTEE.—The advisory committee has not made a rec- making such recommendations, the Director Secretary shall establish and appoint an ad- ommendation. shall— visory committee (in this paragraph referred ‘‘(H) NOTICE OF CHANGES.—The Secretary ‘‘(i) consider safety concerns including to as the ‘advisory committee’)— shall provide timely notice to beneficiaries those identified by the Federal Food and ‘‘(i) to review petitions from drug manufac- and health professionals about changes to Drug Administration; turers, health care provider organizations, the formulary or formulary incentives. ‘‘(ii) use available data and evaluations, patient groups, and other entities for inclu- ‘‘(f) INFORMING BENEFICIARIES.—The Sec- with priority given to randomized controlled sion of a drug in, or other changes to, such retary shall take steps to inform bene- trials, to examine clinical effectiveness, formulary; and ficiaries about the availability of a Medicare comparative effectiveness, safety, and en- ‘‘(ii) to recommend any changes to the for- operated drug plan or plans including pro- hanced compliance with a drug regimen; mulary established under this subsection. viding information in the annual handbook

VerDate Mar 15 2010 00:32 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S10MR1.REC S10MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE March 10, 2011 CONGRESSIONAL RECORD — SENATE S1563 distributed to all beneficiaries and adding in- ficiary, and other medical evidence. Such ap- agement by the National Park Serv- formation to the official public Medicare peals process shall include— ice—an agency with a mission of pro- website related to prescription drug coverage ‘‘(i) an initial review and determination tecting natural, historic, and cultural available through this part. made by the Secretary; and resources while also providing for pub- ‘‘(g) APPLICATION OF ALL OTHER REQUIRE- ‘‘(ii) for appeals denied during the initial lic enjoyment of those resources—is MENTS FOR PRESCRIPTION DRUG PLANS.—Ex- review and determination, the option of an cept as specifically provided in this section, external review and determination by an more appropriate for the long-term fu- any Medicare operated drug plan shall meet independent entity selected by the Sec- ture of the Valles Caldera. In my view, the same requirements as apply to any other retary. it would also best serve the public’s de- prescription drug plan, including the require- ‘‘(B) CONSULTATION IN DEVELOPMENT OF sire for increased public access, bal- ments of section 1860D–4(b)(1) relating to as- PROCESS.—In developing the appeals process anced with the need to protect and in- suring pharmacy access.’’. under subparagraph (A), the Secretary shall terpret the Preserve’s unique cultural (b) CONFORMING AMENDMENTS.— consult with consumer and patient groups, and natural resources. (1) Section 1860D–3(a) of the Social Secu- as well as other key stakeholders to ensure rity Act (42 U.S.C. 1395w–103(a)) is amended Senator UDALL and I first introduced the goals described in subparagraph (A) are this legislation during the 111th Con- by adding at the end the following new para- achieved.’’. graph: gress, during which time the bill re- ‘‘(4) AVAILABILITY OF THE MEDICARE OPER- By Mr. BINGAMAN (for himself ceived a hearing in the Committee on ATED PRESCRIPTION DRUG PLAN.—A Medicare Energy and Natural Resources and was and Mr. UDALL of New Mexico): operated prescription drug plan (as defined S. 564. A bill to designate the Valles reported out favorably by that Com- in section 1860D–11A(c)) shall be offered na- Caldera National Preserve as a unit of mittee. The reported legislation, which tionally in accordance with section 1860D– is what we are introducing today, in- 11A.’’. the National Park System, and for other purposes; to the Committee on corporated the many comments we re- (2)(A) Section 1860D–3 of the Social Secu- ceived during the hearing process. This rity Act (42 U.S.C. 1395w–103) is amended by Energy and Natural Resources. adding at the end the following new sub- Mr. BINGAMAN. Mr. President, I rise includes improvements to the provi- section: today to reintroduce legislation that sions on hunting and fishing and cattle ‘‘(c) PROVISIONS ONLY APPLICABLE IN 2006 would transfer administrative jurisdic- grazing as well as changes made based THROUGH 2011.—The provisions of this sec- tion of the Valles Caldera National on recommendations by tribal govern- tion shall only apply with respect to 2006 Preserve from the Valles Caldera Trust ments. Other stakeholder comments, through 2011.’’. to the National Park Service. I am including those from the friends group, (B) Section 1860D–11(g) of such Act (42 pleased that my colleague from New Los Amigos de Valles Caldera, led to U.S.C. 1395w–111(g)) is amended by adding at modifications that will ensure the eco- the end the following new paragraph: Mexico, TOM UDALL, is again a cospon- logical restoration of the Preserve re- ‘‘(8) NO AUTHORITY FOR FALLBACK PLANS sor of this bill. AFTER 2011.—A fallback prescription drug For those not familiar with this area, mains a priority under Park Service plan shall not be available after December the Valles Caldera in Northern New management. I also appreciated the 31, 2011.’’. Mexico is one of only three supervolca- valuable comments we received from (3) Section 1860D–13(c)(3) of the Social Se- noes in the United States, the other the staff at the Valles Caldera Trust curity Act (42 U.S.C. 1395w–113(c)(3)) is two being Yellowstone, WY, and Long who remain steadfast in their commit- amended— Valley, CA. Spanning more than 100,000 ment to the highest management (A) in the heading, by inserting ‘‘AND MEDI- acres, the caldera contains lush and ex- standards at the Preserve. CARE OPERATED PRESCRIPTION DRUG PLANS’’ pansive grassland valleys, ponderosa Beyond these changes, however, the after ‘‘FALLBACK PLANS’’; and pines in the foothills and mixed conifer original framework and intent of the (B) by inserting ‘‘or a Medicare operated legislation remains the same. The ex- prescription drug plan’’ after ‘‘a fallback pre- forests in the higher elevations of the scription drug plan’’. volcanic domes and peaks. Numerous isting character of the Preserve would (4) Section 1860D–16(b)(1) of the Social Se- cultural and archaeological sites are be maintained and protections for trib- curity Act (42 U.S.C. 1395w–116(b)(1)) is scattered throughout the landscape al cultural and religious sites would be amended— that provides quality habitat to elk, strengthened. The Park Service would (A) in subparagraph (C), by striking ‘‘and’’ trout, golden and bald eagles, and myr- manage the Preserve to protect and after the semicolon at the end; iad other species. In 1975, the Valles preserve its natural and cultural re- (B) in subparagraph (D), by striking the pe- Caldera received formal recognition as sources, while increasing public access riod at the end and inserting ‘‘; and’’; and and continuing to permit hunting and (C) by adding at the end the following new an outstanding and nationally signifi- cant geologic resource when it was des- fishing and grazing. The National Park subparagraph: Service would also establish a science ‘‘(E) payments for expenses incurred with ignated a National Natural Landmark. respect to the operation of Medicare oper- More recently in 2000, the Valles and education program similar to the ated prescription drug plans under section Caldera Preservation Act authorized highly successful program created by 1860D–11A.’’. the Federal Government to acquire the the Trust. (5) Section 1860D–41(a) of the Social Secu- property and established the Valles While the full Senate was unable to rity Act (42 U.S.C. 1395w–151(a)) is amended Caldera Trust—an independent govern- take action on this bill during the last by adding at the end the following new para- ment corporation led by a board of Congress, I remain hopeful that we will graph: trustees appointed by the President find an opportunity during this one to ‘‘(19) MEDICARE OPERATED PRESCRIPTION bring it before the Senate for consider- DRUG PLAN.—The term ‘Medicare operated whose mission is to provide for public access and protection of the Preserve’s ation. Public support in my State re- prescription drug plan’ has the meaning mains very high for the Park Service natural and cultural resources. The given such term in section 1860D–11A(c).’’. to manage this unique resource, and it Trust is also directed to manage the SEC. 3. IMPROVED APPEALS PROCESS UNDER is my hope that the enactment of this THE MEDICARE OPERATED PRE- Preserve in a manner that would legislation will allow more Americans SCRIPTION DRUG PLAN. achieve financial self-sustainability Section 1860D–4(h) of the Social Security as well as future generations to enjoy Act (42 U.S.C. 1305w–104(h)) is amended by after fifteen years. While the individual board members this special place. adding at the end the following new para- Mr. President, I ask unanimous con- have done their best to fulfill the origi- graph: sent that the text of the bill be printed ‘‘(4) APPEALS PROCESS FOR MEDICARE OPER- nal legislative directives, time has in the RECORD. ATED PRESCRIPTION DRUG PLAN shown in my opinion that this manage- .— There being no objection, the text of ‘‘(A) IN GENERAL.—The Secretary shall de- ment framework is not the best suited the bill was ordered to be printed in velop a well-defined process for appeals for for the long-term management of the the RECORD, as follows: denials of benefits under this part under the Preserve. These issues have been laid S. 564 Medicare operated prescription drug plan. out at length in two GAO reports, dur- Such process shall be efficient, impose mini- ing the hearing we held on this legisla- Be it enacted by the Senate and House of Rep- mal administrative burdens, and ensure the resentatives of the United States of America in timely procurement of non-formulary drugs tion in the 111th Congress, and in pre- Congress assembled, or exemption from formulary incentives vious statements I have made on the SECTION 1. SHORT TITLE. when medically necessary. Medical necessity subject. This Act may be cited as the ‘‘Valles shall be based on professional medical judg- In weighing the various alternatives, Caldera National Preserve Management ment, the medical condition of the bene- the conclusion was reached that man- Act’’.

VerDate Mar 15 2010 00:32 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S10MR1.REC S10MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S1564 CONGRESSIONAL RECORD — SENATE March 10, 2011 SEC. 2. DEFINITIONS. (B) beginning on the date on which a man- (H) Cerros del Abrigo; In this Act: agement plan is completed in accordance (I) Cerro del Medio; (1) ELIGIBLE EMPLOYEE.—The term ‘‘eligi- with subsection (b)(3), establish a science (J) Rabbit Mountain; ble employee’’ means a person who was a and education program for the Preserve (K) Cerro Grande; full-time or part-time employee of the Trust that— (L) Cerro Toledo; during the 180-day period immediately pre- (i) allows for research and interpretation of (M) Indian Point; ceding the date of enactment of this Act. the natural, historic, cultural, geologic and (N) Sierra de los Valles; and (2) FUND.—The term ‘‘Fund’’ means the other scientific features of the Preserve; (O) Cerros de los Posos. Valles Caldera Fund established by section (ii) provides for improved methods of eco- (3) EXCEPTION.—Paragraph (1) shall not 106(h)(2) of the Valles Caldera Preservation logical restoration and science-based adapt- apply in cases in which construction or mo- Act (16 U.S.C. 698v–4(h)(2)). ive management of the Preserve; and torized access is necessary for administra- (3) PRESERVE.—The term ‘‘Preserve’’ (iii) promotes outdoor educational experi- tive purposes (including ecological restora- means the Valles Caldera National Preserve ences in the Preserve. tion activities or measures required in emer- in the State. (2) SCIENCE AND EDUCATION CENTER.—As gencies to protect the health and safety of (4) SECRETARY.—The term ‘‘Secretary’’ part of the program established under para- persons in the area). means the Secretary of the Interior. graph (1)(B), the Secretary may establish a (j) TRADITIONAL CULTURAL AND RELIGIOUS (5) STATE.—The term ‘‘State’’ means the science and education center outside the SITES.— State of New Mexico. boundaries of the Preserve. (1) IN GENERAL.—The Secretary, in con- (6) TRUST.—The term ‘‘Trust’’ means the (e) GRAZING.—The Secretary may allow the sultation with Indian tribes and pueblos, Valles Caldera Trust established by section grazing of livestock within the Preserve to shall ensure the protection of traditional 106(a) of the Valles Caldera Preservation Act continue— cultural and religious sites in the Preserve. (16 U.S.C. 698v–4(a)). (1) consistent with this Act; and (2) ACCESS.—The Secretary, in accordance SEC. 3. VALLES CALDERA NATIONAL PRESERVE. (2) to the extent the use furthers scientific with Public Law 95–341 (commonly known as research or interpretation of the ranching (a) DESIGNATION AS UNIT OF THE NATIONAL the ‘‘American Indian Religious Freedom history of the Preserve. PARK SYSTEM.—To protect, preserve, and re- Act’’) (42 U.S.C. 1996)— (f) FISH AND WILDLIFE.—Nothing in this store the fish, wildlife, watershed, natural, (A) shall provide access to the sites de- Act affects the responsibilities of the State scientific, scenic, geologic, historic, cultural, scribed in paragraph (1) by members of In- with respect to fish and wildlife in the State, archaeological, and recreational values of dian tribes or pueblos for traditional cul- except that the Secretary, in consultation tural and customary uses; and the area, the Valles Caldera National Pre- with the New Mexico Department of Game serve is designated as a unit of the National (B) may, on request of an Indian tribe or and Fish— pueblo, temporarily close to general public Park System. (1) shall permit hunting and fishing on (b) MANAGEMENT.— use 1 or more specific areas of the Preserve land and water within the Preserve in ac- to protect traditional cultural and cus- (1) APPLICABLE LAW.—The Secretary shall cordance with applicable Federal and State administer the Preserve in accordance tomary uses in the area by members of the laws; and Indian tribe or pueblo. with— (2) may designate zones in which, and es- (A) this Act; and (3) PROHIBITION ON MOTORIZED ACCESS.—The tablish periods during which, no hunting or Secretary shall maintain prohibitions on the (B) the laws generally applicable to units fishing shall be permitted for reasons of pub- of the National Park System, including— use of motorized or mechanized travel on lic safety, administration, the protection of Preserve land located adjacent to the Santa (i) the National Park Service Organic Act wildlife and wildlife habitats, or public use (16 U.S.C. 1 et seq.); and Clara Indian Reservation, to the extent the and enjoyment. prohibition was in effect on the date of en- (ii) the Act of August 21, 1935 (16 U.S.C. 461 (g) ECOLOGICAL RESTORATION.— actment of this Act. et seq.). (1) IN GENERAL.—The Secretary shall un- (k) CALDERA RIM TRAIL.— (2) MANAGEMENT COORDINATION.—The Sec- dertake activities to improve the health of (1) IN GENERAL.—Not later than 3 years retary may coordinate the management and forest, grassland, and riparian areas within after the date of enactment of this Act, the operations of the Preserve with the Ban- the Preserve, including any activities car- Secretary, in consultation with the Sec- delier National Monument. ried out in accordance with title IV of the retary of Agriculture, affected Indian tribes (3) MANAGEMENT PLAN.— Omnibus Public Land Management Act of and pueblos, and the public, shall study the (A) IN GENERAL.—Not later than 3 fiscal 2009 (16 U.S.C. 7301 et seq.). feasibility of establishing a hiking trail years after the date on which funds are made (2) COOPERATIVE AGREEMENTS.—The Sec- along the rim of the Valles Caldera on— available to implement this subsection, the retary may enter into cooperative agree- (A) land within the Preserve; and Secretary shall prepare a management plan ments with adjacent pueblos to coordinate (B) National Forest System land that is for the Preserve. activities carried out under paragraph (1) on adjacent to the Preserve. (B) APPLICABLE LAW.—The management the Preserve and adjacent pueblo land. (2) AGREEMENTS.—On the request of an af- plan shall be prepared in accordance with— (h) WITHDRAWAL.—Subject to valid existing (i) section 12(b) of Public Law 91–383 (com- rights, all land and interests in land within fected Indian tribe or pueblo, the Secretary monly known as the ‘‘National Park Service the boundaries of the Preserve are with- and the Secretary of Agriculture shall seek General Authorities Act’’) (16 U.S.C. 1a–7(b)); drawn from— to enter into an agreement with the Indian and (1) entry, disposal, or appropriation under tribe or pueblo with respect to the Caldera (ii) any other applicable laws. the public land laws; Rim Trail that provides for the protection (C) CONSULTATION.—The management plan (2) location, entry, and patent under the of— shall be prepared in consultation with— mining laws; and (A) cultural and religious sites in the vi- (i) the Secretary of Agriculture; (3) operation of the mineral leasing laws, cinity of the trail; and (ii) State and local governments; geothermal leasing laws, and mineral mate- (B) the privacy of adjacent pueblo land. (iii) Indian tribes and pueblos, including rials laws. (l) VALID EXISTING RIGHTS.—Nothing in the Pueblos of Jemez, Santa Clara, and San (i) VOLCANIC DOMES AND OTHER PEAKS.— this Act affects valid existing rights. Ildefonso; and (1) IN GENERAL.—Except as provided in SEC. 4. TRANSFER OF ADMINISTRATIVE JURIS- (iv) the public. paragraph (3), for the purposes of preserving DICTION. (c) ACQUISITION OF LAND.— the natural, cultural, religious, archae- (a) IN GENERAL.—Administrative jurisdic- (1) IN GENERAL.—The Secretary may ac- ological, and historic resources of the vol- tion over the Preserve is transferred from quire land and interests in land within the canic domes and other peaks in the Preserve the Secretary of Agriculture and the Trust boundaries of the Preserve by— described in paragraph (2) within the area of to the Secretary, to be administered as a (A) purchase with donated or appropriated the domes and peaks above 9,600 feet in ele- unit of the National Park System, in accord- funds; vation or 250 feet below the top of the dome, ance with section 3. (B) donation; or whichever is lower— (b) EXCLUSION FROM SANTA FE NATIONAL (C) transfer from another Federal agency. (A) no roads or buildings shall be con- FOREST.—The boundaries of the Santa Fe (2) ADMINISTRATION OF ACQUIRED LAND.—On structed; and National Forest are modified to exclude the acquisition of any land or interests in land (B) no motorized access shall be allowed. Preserve. under paragraph (1), the acquired land or in- (2) DESCRIPTION OF VOLCANIC DOMES.—The (c) INTERIM MANAGEMENT.— terests in land shall be administered as part volcanic domes and other peaks referred to (1) MEMORANDUM OF AGREEMENT.—Not later of the Preserve. in paragraph (1) are— than 90 days after the date of enactment of (d) SCIENCE AND EDUCATION PROGRAM.— (A) Redondo Peak; this Act, the Secretary and the Trust shall (1) IN GENERAL.—The Secretary shall— (B) Redondito; enter into a memorandum of agreement to (A) until the date on which a management (C) South Mountain; facilitate the orderly transfer to the Sec- plan is completed in accordance with sub- (D) San Antonio Mountain; retary of the administration of the Preserve. section (b)(3), carry out the science and edu- (E) Cerro Seco; (2) EXISTING MANAGEMENT PLANS.—Not- cation program for the Preserve established (F) Cerro San Luis; withstanding the repeal made by section by the Trust; and (G) Cerros Santa Rosa; 5(a), until the date on which the Secretary

VerDate Mar 15 2010 00:32 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S10MR1.REC S10MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE March 10, 2011 CONGRESSIONAL RECORD — SENATE S1565 completes a management plan for the Pre- SEC. 5. REPEAL OF VALLES CALDERA PRESERVA- Private ownership of the Caldera serve in accordance with section 3(b)(3), the TION ACT. began with Spanish settlers who intro- (a) REPEAL.—On the termination of the Secretary may administer the Preserve in duced livestock to the grassy valleys accordance with any management activities Trust, the Valles Caldera Preservation Act (16 U.S.C. 698v et seq.) is repealed. that continue to fatten elk and cattle or plans adopted by the Trust under the in the summer months. After a series Valles Caldera Preservation Act (16 U.S.C. (b) EFFECT OF REPEAL.—Notwithstanding 698v et seq.), to the extent the activities or the repeal made by subsection (a)— of owners managed the caldera, the (1) the authority of the Secretary of Agri- plans are consistent with section 3(b)(1). Federal Government finally purchased culture to acquire mineral interests under (3) PUBLIC USE.—The Preserve shall remain the area in 2000 through the Valles section 104(e) of the Valles Caldera Preserva- open to public use during the interim man- Caldera Preservation Act, which I was tion Act (16 U.S.C. 698v–2(e)) is transferred to agement period, subject to such terms and proud to help shepherd through Con- the Secretary and any proceeding for the conditions as the Secretary determines to be condemnation of, or payment of compensa- gress with Senator BINGAMAN and then- appropriate. tion for, an outstanding mineral interest Senator Domenici. The subsequent cre- (d) VALLES CALDERA TRUST.— pursuant to the transferred authority shall ation of the Valles Caldera National (1) TERMINATION.—The Trust shall termi- continue; Preserve included the establishment of nate 180 days after the date of enactment of (2) the provisions in section 104(g) of the a board of directors and the Valles this Act unless the Secretary determines Valles Caldera Preservation Act (16 U.S.C. Caldera Trust to manage the area, and that the termination date should be ex- 698v–2(g)) relating to the Pueblo of Santa mandates for stakeholder involvement tended to facilitate the transitional manage- Clara shall remain in effect; and and eventual financial self-sufficiency (3) the Fund shall not be terminated until ment of the Preserve. of the Trust. (2) ASSETS AND LIABILITIES.— all amounts in the Fund have been expended I applaud the decade of work that (A) ASSETS.—On termination of the Trust— by the Secretary. (i) all assets of the Trust shall be trans- (c) BOUNDARIES.—The repeal of the Valles both the Board of Trustees and the ferred to the Secretary; and Caldera Preservation Act (16 U.S.C. 698v et Valles Caldera Trust have dedicated to (ii) any amounts appropriated for the seq.) shall not affect the boundaries as of the the preserve. The exceptional dedica- Trust shall remain available to the Sec- date of enactment of this Act (including tion of Caldera employees has led to retary for the administration of the Pre- maps and legal descriptions) of— the creation of a robust science and re- serve. (1) the Preserve; (2) the Santa Fe National Forest (other search program, to the development of (B) ASSUMPTION OF OBLIGATIONS.— than the modification made by section 4(b)); incredible educational opportunities (i) IN GENERAL.—On termination of the (3) Bandelier National Monument; and for visiting schools and universities, to Trust, the Secretary shall assume all con- (4) any land conveyed to the Pueblo of a restoration of natural resources, and tracts, obligations, and other liabilities of Santa Clara. the Trust. to an expansion of cutting-edge sci- SEC. 6. AUTHORIZATION OF APPROPRIATIONS. (ii) NEW LIABILITIES.— entific research. There are authorized to be appropriated (I) BUDGET.—Not later than 90 days after Since 1939, the National Park Service such sums as are necessary to carry out this the date of enactment of this Act, the Sec- has deemed the area of significant na- Act. retary and the Trust shall prepare a budget tional value because of its unique and for the interim management of the Preserve. Mr. UDALL of New Mexico. Mr. unaltered geology, and its singular set- (II) WRITTEN CONCURRENCE REQUIRED.—The President, today I join Senator BINGA- ting, which are conducive to public Trust shall not incur any new liabilities not MAN in reintroducing a bill to des- recreation, reflection, education, and authorized in the budget prepared under sub- ignate the Valles Caldera National Pre- research. By utilizing the resources clause (I) without the written concurrence of serve in New Mexico as a unit of the and skills within the National Park the Secretary. National Park System. The Valles Service, I believe the Valles Caldera (3) PERSONNEL.— Caldera is one of the largest volcanic National Preserve will continue to (A) HIRING.—The Secretary and the Sec- calderas in the world. The vast grass- retary of Agriculture may hire employees of prosper as a natural wonder full of sig- filled valleys, forested hillsides, and the Trust on a noncompetitive basis for com- nificant geology, ecology, history, and parable positions at the Preserve or other numerous volcanic peaks make the culture. areas or offices under the jurisdiction of the area a treasure to New Mexico, and a The bill that we introduce today re- Secretary or the Secretary of Agriculture. landscape of national significance mil- flects the comments and proposals that (B) SALARY.—Any employees hired from lions of years in the making. It is ap- emerged through a successful com- the Trust under subparagraph (A) shall be propriate that an area of such value be mittee process on a similar bill that subject to the provisions of chapter 51, and protected in perpetuity as a unit of the Senator BINGAMAN and I introduced subchapter III of chapter 53, title 5, United National Park Service. last year. In September 2010, the Com- States Code, relating to classification and Around 1.5 million years ago a series General Schedule pay rates. mittee on Energy and Natural Re- of explosive rhyolitic eruptions created sources reported the bill out favorably, (C) INTERIM RETENTION OF ELIGIBLE EMPLOY- the massive caldera and dropped hun- EES.—For a period of not less than 180 days and it is my hope that the Committee beginning on the date of enactment of this dreds of meters of volcanic ash for will act quickly to move this reintro- Act, all eligible employees of the Trust shall miles. This volcanic activity gave the duced bill to the Senate floor for a be— Pajarito Plateau its distinctive cliffs of vote. I look forward to working with (i) retained in the employment of the pink and white tuff overlaying the Senator BINGAMAN and all of the stake- Trust; black basalts of the Rio Grande Rift. holders who care about the future of (ii) considered to be placed on detail to the In the millennia following the this preserve to complete our efforts to Secretary; and caldera’s explosive creation, erosion establish Park Service management of (iii) subject to the direction of the Sec- and weathering carved vibrant canyons the preserve. retary. and left pinion-topped mesas stretching (D) TERMINATION FOR CAUSE.—Nothing in like fingers away from the massive cra- f this paragraph precludes the termination of ter. In time, magma and water drained employment of an eligible employee for SUBMITTED RESOLUTIONS cause during the period described in subpara- from the great valley, and a diversity graph (C). of plants and wildlife took their place. With such resources and natural beau- (4) RECORDS.—The Secretary shall have ac- SENATE RESOLUTION 98—TO EX- cess to all records of the Trust pertaining to ty, it is no wonder that for millennia the management of the Preserve. people have also been an integral part PRESS THE SENSE OF THE SEN- (5) VALLES CALDERA FUND.— of the Valles Caldera. ATE REGARDING THE SCHOOL (A) IN GENERAL.—Effective on the date of For the Pueblo Tribes of northern BREAKFAST PROGRAM enactment of this Act, the Secretary shall New Mexico, the Valles Caldera has Mr. KOHL (for himself, Mr. DURBIN, assume the powers of the Trust over the been a part of life from time immemo- Mr. SCHUMER, Mr. HARKIN, Mrs. Fund. rial. The continued cultural and reli- GILLIBRAND, and Mr. BROWN of Ohio) (B) AVAILABILITY AND USE.—Any amounts in the Fund as of the date of enactment of gious significance of the area must and submitted the following resolution; this Act shall be available to the Secretary will be respected and protected as the which was referred to the Committee for use, without further appropriation, for preserve moves into the management on Agriculture, Nutrition, and For- the management of the Preserve. of the National Park Service. estry:

VerDate Mar 15 2010 00:32 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S10MR1.REC S10MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S1566 CONGRESSIONAL RECORD — SENATE March 10, 2011 S. RES. 98 Whereas children who live in families that SENATE RESOLUTION 99—EX- Whereas participants in the school break- experience hunger have been shown to be PRESSING THE SENSE OF THE fast program established by section 4 of the more likely to have lower math scores, face SENATE THAT THE PRIMARY Child Nutrition Act of 1966 (42 U.S.C. 1773) in- an increased likelihood of repeating a grade, SAFEGUARD FOR THE WELL- clude public, private, elementary, middle, and receive more special education services; BEING AND PROTECTION OF and high schools, as well as rural, suburban, Whereas studies suggest that children who CHILDREN IS THE FAMILY, AND and urban schools; eat breakfasts have more adequate nutrition THAT THE PRIMARY SAFE- Whereas in each of the school years begin- and intake of nutrients, such as calcium, ning July 1, 2008, and July 1, 2009, 86.3 per- fiber, protein, and vitamins A, E, D, and B- GUARDS FOR THE LEGAL cent of schools that participated in the 6; RIGHTS OF CHILDREN IN THE school lunch program established under the Whereas studies show that children who UNITED STATES ARE THE CON- Richard B. Russell National School Lunch participate in school breakfast programs eat STITUTIONS OF THE UNITED Act (42 U.S.C. 1751 et seq.) also participated more fruits, drink more milk, and consume STATES AND THE SEVERAL in the school breakfast program; Whereas in each of the school years begin- less saturated fat than children who do not STATES, AND THAT, BECAUSE ning July 1, 2008, and July 1, 2009, approxi- eat breakfast; THE USE OF INTERNATIONAL mately 10,800,000 students in more than 86,000 Whereas children who fail to eat break- TREATIES TO GOVERN POLICY schools participated in the school breakfast fasts, whether in school or at home, are more IN THE UNITED STATES ON FAM- program on a typical day; likely to be overweight than children who ILIES AND CHILDREN IS CON- Whereas in fiscal year 2009, approximately eat a healthy breakfast on a daily basis; and TRARY TO PRINCIPLES OF SELF- 9,100,000 low-income children in the United Whereas March 7 through March 11, 2011, is GOVERNMENT AND FEDERALISM, States consumed free or reduced price school National School Breakfast Week: Now, AND THAT, BECAUSE THE breakfasts on an average school day; therefore, be it Whereas for every 100 children receiving UNITED NATIONS CONVENTION Resolved, That the Senate— free and reduced price lunches, approxi- ON THE RIGHTS OF THE CHILD mately 47 children receive free and reduced (1) recognizes the importance of the school UNDERMINES TRADITIONAL price breakfasts; breakfast program established by section 4 of PRINCIPLES OF LAW IN THE Whereas in each of the school years begin- the Child Nutrition Act of 1966 (42 U.S.C. UNITED STATES REGARDING ning July 1, 2008, and July 1, 2009, less than 1773) and the overall positive impact of the program on the lives of low-income children PARENTS AND CHILDREN, THE half of eligible low-income children received PRESIDENT SHOULD NOT TRANS- breakfasts at school each day; and families, as well as the effect of the pro- Whereas in fiscal year 2009, 62 percent of gram on helping to improve the overall MIT THE CONVENTION TO THE school lunches served, and 81 percent of classroom performance of a child; SENATE FOR ITS ADVICE AND school breakfasts served, were served to stu- (2) expresses support for States that have CONSENT dents who qualified for free or reduced priced successfully implemented school breakfast Mr. DEMINT (for himself, Mr. meals; programs in order to improve the test scores BARRASSO, Mr. BURR, Mr. BLUNT, Mr. Whereas the current economic situation and grades of participating students; BOOZMAN, Mr. CHAMBLISS, Mr. COBURN, (including the increase in families living (3) encourages States— Mr. CORNYN, Mr. CRAPO, Mr. ENSIGN, below the poverty line) is causing more fami- (A) to strengthen school breakfast pro- lies to struggle to feed their children and to ENZI, Mr. GRAHAM, Mr. GRASSLEY, Mr. grams by improving access for students; turn to schools for assistance; (B) to promote improvements in the nutri- HATCH, Mrs. HUTCHISON, Mr. INHOFE, Whereas implementing or improving class- tional quality of breakfasts served; and Mr. ISAKSON, Mr. JOHANNS, Mr. JOHN- room breakfast programs has been shown to SON of Wisconsin, Mr. KYL, Mr. LEE, increase the participation of eligible stu- (C) to inform students and parents of Mr. MCCAIN, Mr. MORAN, Mr. PAUL, Mr. dents in breakfast consumption dramati- healthy nutritional and lifestyle choices; cally, doubling, and in some cases tripling, (4) recognizes that the Healthy, Hunger- RISCH, Mr. RUBIO, Mr. SESSIONS, Mr. numbers, as evidenced by research conducted Free Kids Act of 2010 (Public Law 111–296) VITTER, and Mr. WICKER) submitted the in the States of Minnesota, New York, and and amendments made by that Act provide following resolution; which was re- Wisconsin; low-income children with greater access to a ferred to the Committee on Foreign Whereas making breakfast widely avail- nutritious breakfast nationwide; Relations: able through different venues or combina- (5) recognizes the impact of nonprofit and S. RES. 99 tions, such as in the classroom, obtained as community organizations that work to in- Whereas the Senate affirms the commit- students exit a school bus, or outside the crease awareness of, and access to, breakfast ment of the people and the Government of classroom, has been shown to lessen the stig- programs for low-income children; and ma of receiving free or reduced price break- the United States to the well-being, protec- (6) recognizes that National School Break- tion, and advancement of children, and the fasts, which often deters eligible students fast Week celebrated from March 7 through from obtaining traditional breakfasts in the protection of the inalienable rights of all March 11, 2011, helps draw attention to the cafeteria; persons of all ages; need for, and success of, the school breakfast Whereas providing free universal break- Whereas the Constitution and laws of the fasts, especially in the classroom, has been program. United States and those of the several States shown to significantly increase school break- are the best guarantees against mistreat- fast participation rates and decrease ab- ment of children in this Nation; sences and tardiness; Whereas the Constitution, laws, and tradi- Whereas studies have shown that access to tions of the United States affirm the rights nutritious meals under the school lunch pro- of parents to raise their children and to im- gram and the school breakfast program helps part their values and religious beliefs; to create a strong learning environment for Whereas the United Nations Convention on children and helps to improve the concentra- the Rights of the Child, adopted at New York tion of children in the classroom; November 20, 1989, and entered into force Whereas providing breakfast in the class- September 2, 1990, if ratified, would become a room has been shown in several instances to part of the supreme law of the land, taking improve attentiveness and academic per- precedence over all State laws and constitu- formance, while reducing tardiness and dis- tions; ciplinary referrals; Whereas the United States, and not the Whereas students who eat a complete several States, would be held responsible for breakfast have been shown to make fewer compliance with this Convention if ratified, mistakes and work faster in math exercises and as a consequence, the United States than students who eat a partial breakfast; would create an incredible expansion of sub- Whereas studies suggest that eating break- ject matter jurisdiction over all matters fast closer to classroom and test-taking time concerning children, seriously undermining improves student performance on standard- the constitutional balance between the Fed- ized tests relative to students who skip eral Government and the governments of the breakfasts; several States; Whereas studies show that students who Whereas Professor Geraldine Van Bueren, skip breakfasts are more likely to have dif- the author of the principal textbook on the ficulty distinguishing among similar images, international rights of the child, and a par- show increased errors, and have slower mem- ticipant in the drafting of the Convention, ory recall; has described the ‘‘best interest of the child

VerDate Mar 15 2010 00:32 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S10MR1.REC S10MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE March 10, 2011 CONGRESSIONAL RECORD — SENATE S1567 standard’’ in the treaty as ‘‘provid[ing] deci- SENATE RESOLUTION 100—DESIG- I would like to thank the Inter- sion and policy makers with the authority to NATING MARCH 11, 2011, AS national Association of Plumbing and substitute their own decisions for either the ‘‘WORLD PLUMBING DAY’’ Mechanical Officials, IAPMO, for rais- child’s or the parents’’; ing awareness of this important issue. Whereas the Scottish Government has Mr. BENNET (for himself, Mrs. MUR- RAY, and Mr. MERKLEY) submitted the These individuals work diligently to issued a pamphlet to children of that coun- create and maintain the Uniform try explaining their rights under the Conven- following resolution; which was re- Plumbing Code, which serves as the tion, which declares that children have the ferred to the Committee on the Judici- right to decide their own religion and that ary: foundation for all plumbing installa- parents can only provide advice; S. RES. 100 tion and inspection activities for over Whereas the United Nations Committee on Whereas the industry of plumbing plays an half the world’s population. the Rights of the Child has repeatedly inter- important role in safeguarding the public IAPMO is the only model code devel- preted the Convention to ban common dis- health of the people of the United States and oper in America utilizing an open con- ciplinary measures utilized by parents; the world; sensus process accredited by the Amer- Whereas the Government of the United Whereas 884,000,000 people around the world ican National Standards Institute, Kingdom was found to be in violation of the do not have access to safe drinking water; ANSI, for plumbing and mechanical Convention by the United Nations Com- Whereas 2,600,000,000 people around the codes. Worldwide, IAPMO and its mem- mittee on the Rights of the Child for allow- world live without adequate sanitation fa- bers are on the front lines of public ing parents to exercise a right to opt their cilities; health and safety in assisting cities, Whereas the lack of sanitation is the larg- children out of sex education courses in the counties, states, and countries with de- public schools without a prior government est cause of infection in the world; Whereas in the developing world, 24,000 veloping plumbing codes and providing review of the wishes of the child; training that protects our communities Whereas the United Nations Committee on children under the age of 5 die every day from preventable causes, such as diarrhea and saves lives. the Rights of the Child has held that the contracted from unclean water; I submit this resolution in recogni- Governments of Indonesia and Egypt were Whereas safe and efficient plumbing helps out of compliance with the Convention be- tion of the importance of clean water save money and reduces future water supply and the important contribution to cause military expenditures were given inap- costs and infrastructure costs; propriate priority over children’s programs; America being made every single day Whereas the installation of modern plumb- by those men and women who maintain Whereas these and many other interpreta- ing systems must be accomplished in a spe- tions of the Convention by those charged cific, safe manner by trained professionals in our plumbing infrastructure. with its implementation and by other au- order to prevent widespread disease, which f thoritative supporters demonstrates that the can be crippling and deadly to the commu- AUTHORITY FOR COMMITTEES TO provisions of the United Nations Convention nity; on the Rights of the Child are utterly con- Whereas the people of the United States MEET trary to the principles of law in the United rely on plumbing professionals to maintain, COMMITTEE ON ARMED SERVICES States and the inherent principles of free- repair, and rebuild the aging water infra- Mr. SANDERS. Mr. President, I ask dom; structure of the United States; and unanimous consent that the Com- Whereas the decisions and interpretations Whereas Congress and plumbing profes- mittee on Armed Services be author- sionals across the United States and the of the United Nations Committee on the ized to meet during the session of the Rights of the Child would be considered by world are committed to safeguarding public health: Now, therefore, be it Senate on March 10, 2011, at 9:30 a.m. the Committee to be binding and authori- The PRESIDING OFFICER. Without tative upon the United States should the Resolved, That the Senate designates March 11, 2011, as ‘‘World Plumbing Day’’. objection, it is so ordered. United States Government ratify the Con- vention, such that the Convention poses a Mr. BENNETT. Mr. President, I am COMMITTEE ON BANKING, HOUSING, AND URBAN threat to the sovereign rights of the United proud to rise today to submit a resolu- AFFAIRS States and the several States to make final tion designating March 11 as World Mr. SANDERS. Mr. President, I ask determinations regarding domestic law; and Plumbing Day. unanimous consent that the Com- Whereas the proposition that the United Water is our planet’s most precious mittee on Banking, Housing, and States should be governed by international resource, and it is also a resource the Urban Affairs be authorized to meet legal standards in its domestic policy is tan- developed world often takes for grant- during the session of the Senate on tamount to proclaiming that the Congress of ed. When we stop at a drinking foun- March 10, 2011, at 9:30 a.m. to conduct the United States and the legislatures of the tain, or when we prepare dinner for our a hearing entitled ‘‘The Fiscal Year several States are incompetent to draft do- families, we are confident that the 2012 Budget for the Sec.’’ mestic laws that are necessary for the proper water emerging from the tap is free of The PRESIDING OFFICER. Without protection of children, an assertion that is harmful and dangerous contaminants. objection, it is so ordered. not only an affront to self-government but Yet a reliable supply of water needed COMMITTEE ON COMMERCE, SCIENCE, AND an inappropriate attack on the capability of to maintain life is not readily available TRANSPORTATION legislators in the United States: Now, there- Mr. SANDERS. Mr. President, I ask fore, be it to nearly one billion people around the world. In fact, the ravages of water in- unanimous consent that the Com- Resolved, That it is the sense of the Senate security and inadequate sanitation mittee on Commerce, Science, and that— claim 6,000 lives every day. The major- Transportation be authorized to meet (1) the United Nations Convention on the ity of these casualties are children. during the session of the Senate on Rights of the Child, adopted at New York March 10, 2011, at 10 a.m. in room 253 of November 20, 1989, and entered into force Nearly one in five child deaths world- September 2, 1990, is incompatible with the wide is due to waterborne illness. the Russell Senate Office Building. Constitution, the laws, and the traditions of Modern plumbing technologies can The PRESIDING OFFICER. Without the United States; prevent deaths and combat sickness. objection, it is so ordered. (2) the Convention would undermine proper By supporting access to safe drinking COMMITTEE ON ENERGY AND NATURAL presumptions of freedom and independence water and proper sanitation through RESOURCES for families in the United States, sup- sound plumbing infrastructure and Mr. SANDERS. Mr. President, I ask planting those principles with a presumption minimum plumbing codes, we can sig- unanimous consent that the Com- in favor of governmental intervention with- nificantly raise quality of life and help mittee on Energy and Natural Re- out the necessity for proving harm or wrong- to eliminate a historic cause of human sources be authorized to meet during doing; suffering. the session of the Senate on March 10, (3) the Convention would interfere with the Today I stand in gratitude to our 2011, at 9:30 a.m., in room 366 of the principles of sovereignty, independence, and skilled, licensed plumbers and pipe fit- Dirksen Senate Office Building. self-government in the United States that The PRESIDING OFFICER. Without preclude the necessity or propriety of adopt- ters who work hard every day to ensure objection, it is so ordered. ing international law to govern domestic that the plumbing systems and infra- matters; and structure in our homes, places of busi- COMMITTEE ON FINANCE (4) the President should not transmit the ness, and communities continue to Mr. SANDERS. Mr. President, I ask Convention to the Senate for its advice and function properly and provide us with unanimous consent that the Com- consent. water safe for consumption. mittee on Finance be authorized to

VerDate Mar 15 2010 00:32 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S10MR1.REC S10MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S1568 CONGRESSIONAL RECORD — SENATE March 10, 2011 meet during the session of the Senate table, there be no intervening action or tive Calendar No. 10, the nomination of on March 10, 2011, at 10 a.m., in 215 debate, and that no further motion be James Emanuel Boasberg, of the Dis- Dirksen Senate Office Building, to con- in order to the nomination; that any trict of Columbia, to be U.S. District duct a hearing entitled ‘‘Innovations in related statements be printed in the Judge for the District of Columbia, and Child Welfare Waivers: Starting on the RECORD, and the President be imme- the second vote will be on a motion to Pathway to Reform.’’ diately notified of the Senate’s action. invoke cloture on the motion to pro- The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without ceed to Calendar No. 17, the Small objection, it is so ordered. objection, it is so ordered. Business Reauthorization Act. COMMITTEE ON HEALTH, EDUCATION, LABOR, The nomination considered and con- f AND PENSIONS firmed is as follows: ORDER FOR ADJOURNMENT Mr. SANDERS. Mr. President, I ask DEPARTMENT OF JUSTICE unanimous consent that the Com- Timothy J. Feighery, of New York, to be Mr. REID. If there is no further busi- mittee on Health, Education, Labor, Chairman of the Foreign Claims Settlement ness to come before the Senate, I ask and Pensions be authorized to meet, Commission of the United States for a term unanimous consent that it adjourn during the session of the Senate, to expiring September 30, 2012. under the previous order, following the conduct a hearing entitled f remarks of the assistant majority lead- ‘‘Bridgepoint Education, Inc.: A Case er of the Senate, RICHARD DURBIN. study in For-Profit Education and LEGISLATIVE SESSION The PRESIDING OFFICER. Without Oversight’’ on March 10, 2011, at 10 Mr. REID. Mr. President, I ask unan- objection, it is so ordered. a.m., in 430 Dirksen Senate Office imous consent the Senate resume legis- Mr. DURBIN. Mr. President, are we Building. lative session. still in morning business? The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without The PRESIDING OFFICER. Yes. objection, it is so ordered. objection, it is so ordered. f COMMITTEE ON HOMELAND SECURITY AND f INTERCHANGE FEE REFORM GOVERNMENTAL AFFAIRS Mr. DURBIN. Mr. President, I rise to Mr. SANDERS. Mr. President, I ask UNANIMOUS CONSENT AGREE- MENT—EXECUTIVE CALENDAR speak about the issue of interchange unanimous consent that the Com- fee reform. Last year, Congress enacted mittee on Homeland Security and Gov- Mr. REID. Mr. President, I ask unan- landmark reform of the swipe fees that ernmental Affairs be authorized to imous consent on Monday, March 14, at Visa and MasterCard impose on the meet during the session of the Senate 4:30 p.m., the Senate proceed to execu- debit card system. An amendment I of- on March 10, 2011, at 10 a.m. tive session to consider Calendar No. fered to Wall Street reform passed the The PRESIDING OFFICER. Without 10; that there be 1 hour of debate equal- Senate with 64 votes—47 Democrats, 17 objection, it is so ordered. ly divided in the usual form; that upon Republicans—and was later signed into COMMITTEE ON HOMELAND SECURITY AND the use or yielding back of the time, law. It was the first amendment out of GOVERNMENTAL AFFAIRS the Senate proceed to vote with no in- the first 26 on that bill that was held to Mr. SANDERS. Mr. President, I ask tervening action or debate on Calendar a 60-vote standard. Every other amend- unanimous consent that the Com- No. 10; the motion to reconsider be con- ment before was held to a simple ma- mittee on Homeland Security and Gov- sidered made and laid upon the table jority. But I was lucky enough, when I ernmental Affairs be authorized to with no intervening action or debate; offered the amendment, that there was meet during the session of the Senate that no further motion be in order, and an insistence that we had to reach 60 on March 10, 2011, at 3 p.m. to conduct any related statements be printed in votes. We did it, 47 Democrats and 17 a hearing entitled ‘‘Information Shar- the RECORD; that the President be im- Republicans. It was a great victory, ing in the Era of WikiLeaks: Balancing mediately notified of the Senate’s ac- and one that came as a surprise to Wall Security and Collaboration.’’ tion, and the Senate then resume legis- Street, because Main Street—the retail The PRESIDING OFFICER. Without lative session. merchants, the restaurants, the con- objection, it is so ordered. The PRESIDING OFFICER. Without venience stores, and many others—had COMMITTEE ON THE JUDICIARY objection, it is so ordered. worked hard for this amendment. Mr. SANDERS. Mr. President, I ask f Never before had Visa and unanimous consent that the Com- ORDERS FOR MONDAY, MARCH 14, MasterCard, the duopoly of credit mittee on the Judiciary be authorized 2011 cards, and their big bank allies lost a to meet during the session of the Sen- vote such as this in Congress. Nor- ate, on March 10, 2011, at 10 a.m., in Mr. REID. Mr. President, I ask unan- mally, the credit card companies and SD–226 of the Dirksen Senate Office imous consent that when the Senate the big banks are used to getting their Building, to conduct an executive busi- completes its business today, it ad- way in this town. Visa and MasterCard ness meeting. journ until 2 p.m., on Monday, March have such power that they control over The PRESIDING OFFICER. Without 14; that following the prayer and 75 percent of all credit and debit card objection, it is so ordered. pledge, the Journal of proceedings be transactions in America. Last year, SELECT COMMITTEE ON INTELLIGENCE approved to date, the morning hour be $1.39 trillion was transacted on Visa Mr. SANDERS. Mr. President, I ask deemed expired, the time for the two and MasterCard debit cards. According unanimous consent that the Select leaders be reserved for their use later to the American Bankers Association, Committee on Intelligence be author- in the day; that following any leader the U.S. banking industry is a $13 tril- ized to meet during the session of the remarks, there be a period of morning lion industry. That is trillion with a Senate on March 10, 2011, at 2:30 p.m. business until 4:30 p.m., with Senators ‘‘t.’’ The PRESIDING OFFICER. Without permitted to speak for up to 10 minutes Many Members in this body are being objection, it is so ordered. each; that following morning business, lobbied right now by banks and card the Senate proceed to executive ses- companies to repeal this law, to undo f sion, as provided under the previous the interchange reform Congress EXECUTIVE SESSION order. passed last year. It is one of the most The PRESIDING OFFICER. Without active lobbying efforts I have ever objection, it is so ordered. seen. EXECUTIVE CALENDAR f I want to explain why interchange re- Mr. REID. Mr. President, I ask unan- form is so important, not just for the imous consent that the Senate proceed PROGRAM concepts of competition and trans- to executive session to consider Cal- Mr. REID. Mr. President, Senators parency but also for the people and endar No. 41; that the nomination be should expect two rollcall votes begin- businesses affected, for small busi- confirmed, the motion to reconsider be ning at 5:30 p.m. on Monday. The first nesses and consumers and the Amer- considered made and laid upon the vote will be on confirmation of Execu- ican economy.

VerDate Mar 15 2010 00:32 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S10MR1.REC S10MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE March 10, 2011 CONGRESSIONAL RECORD — SENATE S1569 A little background on the debit card can’t hold off and say: Wait a minute, The difference is so large that Costco will industry: Debit cards are simply a way if you want us to take Visa at our not allow you to sign for your debit purchase for accountholders to access funds store, we want to know how much you in its checkout lines. Wal-Mart and Home Depot steer customers to use a PIN, the stored in an account. They are the are going to charge us every time a debit card norm outside the United States. electronic version of a check. customer uses a Visa card. There is no Despite all this, signature debit cards Debit cards are issued by banks, such way to have any conversation on that. dominate debit use in this country, account- as Bank of America, where the account Visa establishes what the swipe fee will ing for 61 percent of all such transactions, is held. The cards are also part of a be. even though PIN debit cards are less expen- card network such as Visa or It is also unfair to consumers, par- sive and less vulnerable to fraud. MasterCard, which set certain fees and ticularly low-income consumers and How this came to be is largely a result of a successful if controversial strategy rules about using their cards. those without banking accounts, who hatched decades ago by Visa, the dominant The banks that issue the debit cards pay billions per year in hidden inter- payment network for credit and debit cards. can make money in several ways. They change fees that are passed on to them It is an approach that has benefited Visa and make loans based on deposits and earn in higher prices for gas and groceries. the nation’s banks at the expense of mer- interest. They charge fees to con- How about that. I had some people in chants and, some argue, consumers. sumers for maintaining and accessing my office today talking about the price Competition, of course, usually forces accounts such as ATM, monthly, over- prices lower. But for payment networks like of gasoline. They said: Understand, Visa and MasterCard, competition in the draft, and transfer fees. They also re- every time a customer uses a Visa or a card business is more about winning over ceive interchange fees from merchants MasterCard, they are taking a percent- banks that actually issue the cards than con- every time one of their debit cards is age of that cost on the gallon of gaso- sumers who use them. Visa and MasterCard used. line. Their percentage keeps going up, set the fees that merchants must pay the If you look at any bank’s Web site, and in order to have a profit, to keep cardholder’s bank. And higher fees mean you can find the loan interest rates and the lights on, we have to keep raising higher profits for banks, even if it means the account fees the bank charges cus- that merchants shift the cost to consumers. the price of gasoline to keep up with Seizing on this odd twist, Visa enticed tomers. Banks compete with one an- the credit card companies, let alone banks to embrace signature debit—the high- other for this consumer business. That the national oil companies. er-priced method of handling debit cards— competition keeps their fees in check. The Federal Reserve estimated that and turned over the fees to banks as an in- It is called the free market. But ask in 2009, about $16.2 billion was charged centive to issue more Visa cards. At least any bank to show you on their Web site in debit interchange fees, a massive initially, MasterCard and other rivals pro- where you can find the interchange amount of money that is being paid to moted PIN debit instead. fees that the bank charges merchants, As debit cards became the preferred plastic the banks by merchants and their cus- in American wallets, Visa has turned its at- restaurants, universities, charities, tomers, about $1.3 billion a month. I tention to PIN debit too and increased its convenience stores, ask them what will get back to that number in a mo- market share even more. And it has suc- they charge as an interchange fee for ment. It didn’t used to be that way in ceeded—not by lowering the fees that mer- the use of their debit cards, the bank America. It isn’t that way in many chants pay, but often by pushing them up, will say: Well, you will have to call other countries that use Visa and making its bank customers happier. In an effort to catch up, MasterCard and Visa or MasterCard. MasterCard. Card companies such as Visa fix the other rivals eventually raised fees on debit Back when the debit card system was cards too, sometimes higher than Visa, to interchange fee rates received by started several decades ago, debit fees try to woo bank customers back. issuing banks, the banks that have were minimal. It wasn’t until Visa en- ‘‘What we witnessed was truly a perverse their name on the card next to the Visa tered the market in the 1990s that we form of competition,’’ said Ronald Congemi, symbol. In other words, thousands of started seeing debit card interchange the former chief executive of Star Systems, banks that compete with one another fees that looked like credit card inter- one of the regional PIN-based networks that in all other aspects of business do not has struggled to compete with Visa. ‘‘They change fees. competed on the basis of raising prices. What compete with one another when it They are two different worlds. When other industry do you know that gets away comes to how much in so-called swipe I use a credit card, ultimately, the with that?’’ fees or interchange fees they get from bank and credit card company have to Visa has managed to dominate the debit merchants. The banks let Visa set the collect from me. If I dodge them or landscape despite more than a decade of liti- prices for all of them. don’t pay, there is a loss. A debit card gation and antitrust investigations into high Visa has decided that every bank comes directly out of my account. fees and anticompetitive behavior, including that issues Visa cards will get the same a settlement in 2003 in which Visa paid $2 bil- There is no question whether the lion that some predicted would inject more rate as every other bank, no matter money is there. It is already there. competition into the debit industry. how efficient a bank is, no matter how There is an excellent New York Yet today, Visa has a commanding lead in much fraud a bank allows. Rather than Times article by Andrew Martin from signature debit in the United States, with a a competitive system, this is a system last year titled ‘‘How Visa, Using Card 73 percent share. Its share of the domestic which subsidizes inefficiency. In fact, Fees, Dominates a Market.’’ PIN debit market is smaller but growing, at the only competition in the inter- I ask unanimous consent to have 42 percent, making Visa the biggest PIN net- change system right now is the com- work, according to The Nilson Report, an in- that article printed in the RECORD. dustry newsletter. petition between card networks to There being no objection, the mate- THE RISK OF REFUSING raise interchange fees. They raise the rial was ordered to be printed in the Critics complain that Visa does not fight rates in order to get banks to join the RECORD, as follows: fair, and that it used its market power to network and issue more of their cards. [From the New York Times, Jan. 5, 2010] force merchants to accept higher costs for It is easy to see why banks and card THE CARD GAME—HOW VISA, USING CARD debit cards. Merchants say they cannot networks set up this system. It makes FEES, DOMINATES A MARKET refuse Visa cards because it would result in lower sales. the banks happy because they get bil- (By Andrew Martin) lions of dollars a year in high fees, and ‘‘A dollar is no longer a dollar in this coun- Every day, millions of Americans stand at they don’t have to worry about com- try,’’ said Mallory Duncan, senior vice presi- store checkout counters and make a seem- dent of the National Retail Federation, a petition. It makes the networks happy ingly random decision: after swiping their trade association. ‘‘It’s a Visa dollar. It’s because they get their own network fee debit card, they choose whether to punch in only worth 99 cents because they take a each time a card is swiped, and high a code, or to sign their name. piece of every one.’’ interchange means banks will issue It is a pointless distinction to most con- Visa officials say its critics are griping more cards. sumers, since the price is the same either about debit products that have transformed But it is unfair to those who are re- way. But behind the scenes, billions of dol- the nation’s payment system, adding conven- ceiving the cards—for example, the res- lars are at stake. ience for consumers and higher sales for mer- When you sign a debit card receipt at a chants, while cutting the hassle and expense taurants, the merchants, the shops, the large retailer, the store pays your bank an of dealing with cash and checks. In recent book stores, universities, charities, average of 75 cents for every $100 spent, more years, New York cabbies and McDonald’s res- convenience stores—because they have than twice as much as when you punch in a taurants are among those reporting higher no power to negotiate this fee. They four-digit code. sales as a result of accepting plastic.

VerDate Mar 15 2010 00:32 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S10MR1.REC S10MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S1570 CONGRESSIONAL RECORD — SENATE March 10, 2011 ‘‘At times we have a perspective problem,’’ ing Visa, on merchants regarding ‘‘various ily increased ahead of most other networks— said William M. Sheedy, Visa’s president for payment forms’’ are anticompetitive, a to 49 cents per $100 transaction in 2009, from the Americas. ‘‘Debit has become so main- spokeswoman said. Several bills have been 38 cents in 2006. stream, some of the people who have bene- introduced in Congress seeking to give mer- Visa officials say its PIN debit network is fited have lost sight of what their business chants more ability to negotiate inter- taking off despite rising costs because it of- model was, what their cost structure was.’’ change, which is largely unregulated. fers merchants, banks and consumers a level Visa officials said the costs of debit for While interchange remains legal despite of efficiency and security that regional net- merchants had not gone down because the repeated challenges, a group of merchants is works cannot match. ‘‘We are motivated as a cards now provided greater value than they pursuing yet another class-action suit, this company to try to drive value to each one of did five or 10 years ago. The costs must not time in federal court in Brooklyn, against those participants so that they accept the be too onerous, they say, because merchant Visa and MasterCard that seeks to upend the card, issue more cards, use the card,’’ Mr. acceptance has doubled in the last decade. system for setting fees. Sheedy said. The fees are ‘‘not a cost-based calculation, ‘‘Visa and MasterCard have morphed into a At checkout counters, meanwhile, con- but a value-based calculation,’’ said Eliza- giant cookie jar for banks at the expense of sumers are quietly tugged in one direction or beth Buse, Visa’s global head of product. consumers,’’ said Mitch Goldstone, a plain- the other. As for Visa’s market share, company offi- tiff in the case. Safewasy, 7-Eleven and CVS drugstores cials maintain that it is rather small when Fees were not an issue when debit cards automatically prompt consumers to do a less considered within the larger context of all first gained traction in the 1980s. The small costly PIN debit transaction. The banks, payments, where, for now at least, cash re- networks that operated automated teller however, still steer consumers toward the mains king. machines, like STAR, Pulse, MAC and more expensive form of signature debit. While Visa may be among the best-known NYCE, issued debit cards that required a Wells Fargo and Chase are among those that brands in the world, how it operates is a PIN. MasterCard had its own PIN debit net- offer bonus points only on debit purchases mystery to many consumers. work, called Maestro. completed with a signature. Visa does not distribute credit or debit Merchants were not charged a fee for ac- Visa says it does not care how consumers cards, nor does it provide credit so con- cepting PIN debit cards, and sometimes they use their debit card, as long as it is a Visa. sumers can buy flat-screen televisions or a even got a small payment because it saved But for now at least, the company says the Starbucks latte. Those tasks are left to the banks the cost of processing a paper check. only way to ensure that a purchase is routed banks, which owned Visa until it went public That changed after Visa entered the debit over the Visa network is to sign. in 2008. market. In the 1990s, Visa promoted a debit ‘‘When you use your Visa card, you have a Instead, Visa provides an electronic net- card that let consumers access their check- chance to win a trip to the Olympic Winter work that acts like a tollbooth, processing ing account on the same network that proc- Games,’’ a new Visa commercial promises. the transaction between merchants and essed its credit cards, which required a sig- The commercial does not explain the rules, banks and collecting a fee that averages 5 or nature. but the fine print on Visa’s Web site does: 6 cents every time. For the financial year To persuade the banks to issue more of its nearly all Visa purchases are eligible—as ended in June, Visa handled 40 billion trans- debit cards, Visa charged merchants for long as the cardholder does not enter a PIN. actions. Banks that issue Visa cards also pay these transactions and passed the money to Mr. DURBIN. I urge my colleagues to a separate licensing fee, based on payment the issuing banks. By 1999, Visa was setting read it. It shows how Visa leveraged its volume. MasterCard, which is roughly half fees of $1.35 on a $100 purchase, while Mae- dominance in the credit card industry the size of Visa, uses a similar model. stro and other regional PIN networks ‘‘It’s a penny here or there,’’ said Moshe to enter into and dominate the debit charged less than a dime, Federal Reserve Katri, an analyst who tracks the payments card industry. Visa then changed the data shows. Visa says the fee was justified industry for Cowen and Company. ‘‘But when debit interchange fee system so it because signature debit was so much more you have a billion transactions or more, it useful than PIN debit; at the time, roughly looked like the credit card fee system. adds up.’’ 15 percent of merchants had keypads for en- The result: the United States has the With debit transactions forecast to over- highest interchange fees in the world. take cash purchases by 2012, the model has tering a PIN. Merchants said they had no choice but to We also have some of the worst fraud investors swooning: Visa’s stock traded at continue taking the debit cards, despite the $88.14 on Monday, near a 52–week high, while prevention technology in the world. higher fees; because Visa’s rules required shares of MasterCard, at $256.84 each, have This is because Visa gives banks higher them to honor its debit cards if they chose to soared by more than 450 percent since the interchange rates for so-called signa- accept Visa’s credit cards. company went public in 2006. ture debit transactions instead of PIN While there is little controversy about the A SEVEN-YEAR BATTLE debit transactions. So the banks tell fees that Visa collects, some merchants are Wal-Mart, Circuit City, Sears and a num- their customers to pay with signature infuriated by a separate, larger fee, called ber of major merchants eventually sued. debit, even though far less fraud occurs interchange, that Visa makes them pay each After seven years of litigation, Visa and time a debit or credit card is swiped. The with the use of PIN numbers. MasterCard agreed to end the ‘‘honor all It doesn’t have to be this way. Many fees, roughly 1 to 3 percent of each purchase, cards’’ rule between credit and debit and to are forwarded to the cardholder’s bank to pay the retailers a settlement of around $3 countries such as Canada have thriving cover costs and promote the issuance of billion, one of the largest in American cor- debit card systems with zero inter- more Visa cards. porate history. Visa paid $2 billion, and change fees. Canada has low fraud and The banks have used interchange fees as a MasterCard the remainder. wide consumer debit usage. Other growing profit center and to pay for card- Since then, only a handful of retailers have places such as the European Union holder perks like rewards programs. Inter- stopped accepting Visa debit cards, an indi- carefully regulate interchange rates to change revenue has increased to $45 billion cation that the crux of the lawsuit was keep them to a reasonable level. But in today, from $20 billion in 2002, driven in part ‘‘much ado about nothing,’’ Mr. Sheedy says. by the surge in debit card use. And while some merchants said they this country, we have let dominant Some merchants say there should be no thought the lawsuit would pave the way to a card networks—and they are a power- interchange fees on debit purchases, because new era of competition, a curious thing hap- ful bunch—take over our debit card the money comes directly out of a checking pened instead: while Visa temporarily low- system. They are driving that system account and does not include the risks and ered its fees for signature debit, it raised the on an unsustainable course. losses associated with credit cards. Regard- price on PIN debit transactions and passed I have worked for years to reform less, merchants say they inevitably pass on the funds on to card-issuing banks, and its interchange fees and to bring trans- that cost to consumers; the National Retail competitors soon followed. Federation says the interchange fees cost parency, competition, and choice to The current class-action lawsuit joined by the credit card and debit card industry. households an average of $427 in 2008. Mr. Goldstone contends that Visa’s PIN While the cost per transaction may seem debit network, called Interlink, is offering I first introduced a bill on this in 2008. small, at Best Buy, the biggest stand-alone banks higher fees as an incentive to issue In 2009, I joined with Senator Kit Bond electronics chain, ‘‘these skyrocketing fees debit cards that are exclusively routed over of Missouri to file a modest floor add up to hundreds of millions of dollars this network. Interlink, which has raised its amendment to the Credit CARD Act. every year,’’ said Dee O’Malley, director of PIN debit fees for small merchants to 90 The amendment simply said inter- financial services. ‘‘Every additional dollar cents for each $l00 transaction, from 20 cents change fees should be reported to the we are forced to pay credit card companies is in 2002, is often the most expensive, espe- another dollar we can’t use to hire employ- Federal Reserve and that Visa and cially for small merchants, Fed data shows. MasterCard should not be allowed to ees, or pass along to our customers in the One large retailer, who requested anonym- form of savings.’’ ity to preserve its relationship with Visa, stop merchants from offering discounts WEIGHING RULES ON MERCHANTS provided data that showed Interlink’s share for debit cards against credit cards. The Justice Department is investigating if of PIN purchases rose to 47 percent in 2009, The card companies and bank industry rules imposed by payment networks, includ- from 20 percent in 2002, even as its fees stead- hated that idea like the devil hates

VerDate Mar 15 2010 00:32 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S10MR1.REC S10MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE March 10, 2011 CONGRESSIONAL RECORD — SENATE S1571 holy water. They did everything they ness of those small, unregulated their case to the Members of Congress could to kill the amendment. They issuers. as if they are directly regulated when used their standard talking points, say- I know the small banks and credit they are specifically exempted from ing this amendment would hurt con- unions are also lobbying on the Hill, this. sumers, small banks, credit unions, the saying that interchange reform will I know the small banks and the cred- economy, everything one could think hurt them. For years, they have been it unions are working the Hill. For of. The amendment never reached a making this argument against any years, they have been using these argu- vote. Instead, in 2009, the banks and type of reform. I have been on the Hill ments against any type of reform. card companies said they would sup- for a while, in the House and in the When we tried to get bankruptcy re- port a study. We love to study things in Senate. form to deal with foreclosures a few Washington. So Congress delayed real I used to really believe there was a years back—and I honestly think it reform and said: Let’s get on with the qualitative—not just quantitative but could have had a dramatically positive study. a qualitative—difference between com- impact to slow down foreclosures in Last year, I said: Enough is enough. munity banks and credit unions and this Nation—we specifically exempted We can’t continue to let Visa, the big boys, the Wall Street banks. credit unions and community banks, MasterCard, and the big banks use Over the years, I am sorry to say when and they still lobbied against it. They price-setting schemes to turn our debit it comes to these issues, they are the are in concert when it comes to issues card system into their own large piggy same. It is just a quantitative dif- with the biggest banks in America. I do bank at the expense of merchants and ference. Credit unions and community not understand it. It is a dramatic de- consumers. The amendment I offered banks are smaller, but in terms of the parture from where they have been his- last year said: If banks are going to let way they look at issues, there is not a torically. a card network set interchange rates dime’s worth of difference. Independent analysts agree that the for them, those rates must be reason- When it comes to this issue, there is reform Congress passed last year will able and proportional to the cost of an interesting phenomenon at work. give small banks actual competitive processing a debit transaction over Visa and MasterCard do not dare raise advantages over big banks. I ask unani- that network’s wires. their head on Capitol Hill. If there are mous consent to have printed in the Why would we bring the Federal Re- two more unpopular companies with RECORD a recent op-ed by Andrew Kahr serve in to establish a reasonable and American consumers, it is hard to in the American Banker newspaper en- proportional interest change fee? Be- think of what they might be. Maybe titled ‘‘Never Mind the Lobbyists, Dur- cause there is no competition in this today it is oil companies. But it is a bin Amendment Helps Small Banks.’’ market. Visa and MasterCard, recently close second with credit card compa- There being no objection, the mate- under investigation by the Department nies and the way they treat people. So rial was ordered to be printed in the of Justice for their practices, establish they do not come in and lobby. RECORD, as follows: what these interchange fees are going Well, how about the Wall Street [From American Banker—BankThink, Mar. to be. They impose them on merchants banks? Do you think they are going to 3, 2011] who many times are told late in the show up here and say: You cannot regu- NEVER MIND THE LOBBYISTS, DURBIN AMENDMENT HELPS SMALL BANKS game how much the fee is. They don’t late these interchange fees? Two-thirds of the debit cards come from the big- The Durbin Amendment in Dodd-Frank bargain. Merchants can’t shop around. lowers the interchange paid to large banks There is no competition when it comes gest banks out of Wall Street, not the on debit card purchase transactions, and to the establishment of interchange community banks and credit unions. hence takes money away from these banks fees. So the big money in this whole trans- to give it to merchants, almost dollar for The amendment will end this ineffi- action is on Wall Street. But you do dollar. When passed, this provision was po- cient subsidy that Visa and MasterCard not hear from the Wall Street banks. litically popular. It was a time for bank- have created for banks, and it will Why? Because they are not going to bashing. incentivize banks to operate their card win any popularity contests either. Now this component of Dodd-Frank is It was not that long ago we were much less popular. Maybe legislators have systems efficiently. The amendment noticed that even if Wal-Mart passed directs the Fed to issue regulations to shoveling billions of taxpayer dollars through every last penny of the 0.7% of debit implement this reasonable and propor- at these banks to keep the lights on card sales it’s apt to save to customers in tional standard. The Fed issued draft after they made some pretty stupid in- the form of lower prices, the consumer ben- regulations in December and is now vestment decisions that drove our efit is likely to be invisible to voters. In any working on final regulations to be com- economy into the ditch. So they can- event, the banks have made themselves high- pleted in April and take effect in July. not lobby, the big banks, with the big ly audible to voters in shrill but absurd Do my colleagues know what they money involved in this issue. The cred- threats to cap debit card purchases at $50 and the like. Another form of lobbying. found in their initial cut at this? The it card companies cannot lobby because One of the arguments made against the average interchange fee is in the range they have no popularity with the Durbin restriction on interchange is that it of 40 cents, and the average cost to use American consumer. So what do they will hurt community banks. a debit card is about 10 cents. Think of do? They have some beards, and the Poppycock. the overcharge that is going on with beards in these circumstances are the Since Durbin explicitly excludes banks every single transaction. The next time credit unions and the community with assets under $10 billion from the re- striction on interchange, it takes a hyper- you are standing in the airport and banks. Those specifically exempted are active imagination to see how these banks somebody hands a debit card to the now coming to Congress, coming to could be hurt by it. Lobbyists have the req- cashier to pay for a pack of gum, think Capitol Hill, saying this could hurt us uisite inventiveness. about that retailer just having lost in the future. If large banks get 75% less interchange money. The only ones who made money We drew a line and said if the asset than they do now and small banks continue in the transaction were Visa, value of the financial institution is to get today’s interchange rates, then obvi- MasterCard and the issuing bank. below $10 billion—$10 billion—they are ously this confers a substantial competitive Last year, when I was drafting this not affected by this law. There are, if I advantage on the small banks. They can im- pose lower fees, pay more interest, and give amendment, I knew we had to be care- recall, only three credit unions in greater rewards to depositors. Anything that ful about the way the reform would af- America with assets over $10 billion. reduces revenue for big banks but not for fect small banks and credit unions that The vast majority, the overwhelming small ones should help the latter compete currently benefit from the rates Visa majority, of credit unions in this coun- more effectively against the former. and MasterCard set. I didn’t want to try do not have anywhere near that In opposition to common sense, bank lob- drive small issuers out of the debit kind of asset value. The same thing is byists have put forward some very far- card market. So my amendment spe- true with community banks. fetched arguments about how, in some up- cifically exempted them from regula- So Wall Street banks and credit card side-down world, small banks are still going to be losers rather than winners from Dur- tion. That means that now, just like companies have found their great bin. before, networks will compete by rais- agents. Their agents are the credit One argument is that the clearing net- ing interchange rates to win the busi- unions, community banks, presenting works, of which there are only four that

VerDate Mar 15 2010 00:32 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\S10MR1.REC S10MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S1572 CONGRESSIONAL RECORD — SENATE March 10, 2011 matter, will not support the ‘‘two-tier’’ you consumers will be hurt by reform A delay in this implementation interchange system envisaged by Durbin. Ri- because banks will have to raise con- would give Visa and MasterCard and diculous. Visa is the largest of the networks. sumer fees to make up for lost revenue. the big banks a multibillion-dollar It’s already announced that it will imple- First, when did we start listening to handout—have we heard this song be- ment Durbin. (Maybe this is an object lesson as to why Visa remains No. 1.) banks and credit card companies to tell fore?—while leaving merchants and For the small banks, MasterCard is the us what is good for consumers? Second, consumers worse off than they already only other significant player. If MasterCard read the headlines for the past few are. I am not going to sit by and let the finds it politic not to add one more wrinkle years and you will see that banks were big banks and card companies get away to a skein of interchange levels that is al- already raising consumer fees to record with trying to kill this reform. They ready of Byzantine complexity, then let the highs in 2008, 2009, and 2010—before my have been bailed out enough already. small banks gravitate to Visa in order to amendment became law. They are al- I urge my colleagues in Congress: Do benefit from Durbin. ways looking for ways to raise fees on A second argument of the big-bank lobby- not bail out the big banks on Wall ists is that merchants will reject the debit consumers as high as the market will Street another time. Once in a political cards of small banks if these carry a 1% allow. lifetime is enough for most of us. interchange cost, versus 0.3% for the large Third, consumers are already paying I am standing with the consumers banks. Really? Then why don’t these mer- for the current interchange system. and merchants on this issue. I hope my chants reject all credit cards, with inter- Soaring interchange fees are passed on colleagues will join me and find it is a change of 2% or more, if the customer could to consumers in the form of higher good place to stand. instead use a debit card? When is the last prices for gasoline and groceries. And I yield the floor. time a merchant politely asked you whether the current system particularly hurts you could pay with a debit card instead of a f credit card? unbanked consumers who pay with cash. The reason merchants don’t do this, apart ADJOURNMENT UNTIL MONDAY, from association rules that purport to pro- I believe consumers benefit from hibit it, is that the retailer’s top priority is transparency, competition, and choice. MARCH 14, 2011, AT 2 P.M. sales, not interchange. Selective ‘‘suppres- The current interchange system has The PRESIDING OFFICER. Under sion’’ of cards by merchants has occurred been designed specifically to avoid the previous order, the Senate stands with extreme rarity. One instance took place these features. That is why consumer adjourned until 2 p.m. on Monday, long ago when merchants in Boston revolted groups agree with me and support the March 14, 2011. against higher interchange rates from Amer- ican Express. This can’t happen now. Are interchange reform which we have on Thereupon, the Senate, at 5:35 p.m., cashiers in stores going to look at a list of the books. adjourned until Monday, March 14, small banks in order to discriminate against I know the financial industry lobby- 2011, at 2 p.m. their cards—and then have customers walk ists are out there now storming the out and leave their would-be purchases at Halls of Congress. They are saying: f the cash register? The fraction of customers Let’s delay the Fed’s interchange rule- who would be persuaded to change banks or making for a year or two. Let’s study NOMINATIONS carry two debit cards is infinitesimal. this issue some more. Study, study, Executive nominations received by The notion that merchants will give dis- study; this is one great study hall, this the Senate: counts on big-bank debit cards but not small-bank debit cards is equally silly. Since U.S. Senate. But there comes a point NATIONAL SECURITY EDUCATION BOARD when did they offer an incentive to use debit when we need to act, and we are pre- CHRISTOPHER B. HOWARD, OF VIRGINIA, TO BE A MEM- rather than credit cards? If they are not mo- pared to act now with the Federal Re- BER OF THE NATIONAL SECURITY EDUCATION BOARD FOR A TERM OF FOUR YEARS, VICE KIRON KANINA SKIN- tivated to do so by 2.3% versus 1% inter- serve in April and in July. NER, TERM EXPIRED. change, then why should they be motivated There is no need to delay these rules. INTERNATIONAL MONETARY FUND by 1% versus 0.3%? Read the comments I submitted to the Finally, we are warned that a second, ut- Fed about their draft rulemaking. You BEN S. BERNANKE, OF NEW JERSEY, TO BE UNITED terly unrelated provision of Durbin that STATES ALTERNATE GOVERNOR OF THE INTER- will see how the new law provides rea- NATIONAL MONETARY FUND FOR A TERM OF FIVE mandates competitive network routing will YEARS. (REAPPOINTMENT) somehow injure small banks. Impossible. It sonable timeframes for implementing every part of the Fed’s rules. INTERNATIONAL JOINT COMMISSION, UNITED is predominantly the biggest banks that STATES AND CANADA have negotiated exclusive or volume-depend- I saw this call for delay and study be- DERETH BRITT GLANCE, OF NEW YORK, TO BE A COM- ent routing deals with Visa or others. This fore, on the Credit CARD Act back in MISSIONER ON THE PART OF THE UNITED STATES ON too gives them an advantage over small 2009, and it does not surprise me we are THE INTERNATIONAL JOINT COMMISSION, UNITED banks that Durbin will undermine or erase— STATES AND CANADA, VICE IRENE B. BROOKS. hearing it again. RICHARD M. MOY, OF MONTANA, TO BE A COMMIS- to the benefit of the small banks. If my colleagues remember nothing SIONER ON THE PART OF THE UNITED STATES ON THE The charm of the Durbin debate on inter- else, they should remember this: De- INTERNATIONAL JOINT COMMISSION, UNITED STATES change is that it largely amounts to ‘‘Who’s AND CANADA, VICE SAMUEL W. SPECK. laying interchange reform will have going to get the money, big banks or mer- DEPARTMENT OF STATE significant consequences to employers, chants?’’ (In other words, ‘‘Which do you like DANIEL BENJAMIN SHAPIRO, OF ILLINOIS, TO BE AM- less, Congressman, big banks, or big mer- small businesses, and consumers all BASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF chants?’’) across America. Not only will busi- THE UNITED STATES OF AMERICA TO ISRAEL. Outside the realms of taxation and appro- nesses, universities, government agen- NATIONAL OCEANIC AND ATMOSPHERIC priations, it is unusual to see such a choice cies, and charities keep paying the cur- ADMINISTRATION so sharply focused for our representatives in rent $1.3 billion per month in debit SUBJECT TO QUALIFICATIONS PROVIDED BY LAW, THE Washington. interchange fees, the fees will keep FOLLOWING FOR PERMANENT APPOINTMENT TO THE Ben Bernanke and other regulators would GRADE INDICATED IN THE NATIONAL OCEANIC AND AT- like to see less pressure on big-bank earnings going up further. There will be nothing MOSPHERIC ADMINISTRATION. and capital. That’s understandable. Maybe to constrain Visa and MasterCard from To be lieutenant (junior grade) it’s even a winning—though illogical—argu- setting higher and higher fees. There is ZACHARY P. CRESS ment. no competition in this industry. But let’s not talk nonsense about bogey- Some of my colleagues say they are f man danger to community banks. concerned about small banks and con- Mr. DURBIN. Now, Kahr is no mouth- sumers. So am I. That is why I drafted CONFIRMATIONS piece for merchants. He is a financial the amendment to exempt them. Inde- Executive nominations confirmed by consultant who is recognized as the pendent analysts and consumer groups the Senate March 10, 2011: creator of many aspects of the modern agree that the reform we passed pro- THE JUDICIARY card industry. But he says what I have tects small banks and consumers. MAX OLIVER COGBURN, JR., OF NORTH CAROLINA, TO been saying for months—that the argu- I say to my colleagues, do not tell me BE UNITED STATES DISTRICT JUDGE FOR THE WESTERN ments small banks have been making you are worried about small banks and DISTRICT OF NORTH CAROLINA. against my amendment defy economic consumers and then push for a delay DEPARTMENT OF JUSTICE logic and common sense. that will serve to provide $1 billion a TIMOTHY J. FEIGHERY, OF NEW YORK, TO BE CHAIR- I also believe interchange reform is month in more fees primarily to the MAN OF THE FOREIGN CLAIMS SETTLEMENT COMMIS- SION OF THE UNITED STATES FOR A TERM EXPIRING essential for consumers. Banks will tell largest banks in America. SEPTEMBER 30, 2012.

VerDate Mar 15 2010 00:32 Oct 29, 2011 Jkt 099060 PO 00000 Frm 00058 Fmt 0624 Sfmt 9801 E:\RECORD11\RECFILES\S10MR1.REC S10MR1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE March 10, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E447 EXTENSIONS OF REMARKS

RECOGNIZING THE 100TH ANNIVER- This modification was part of a comprehen- Claims to hear appeals of administrative deci- SARY OF THE THEODORE ROO- sive project to increase water storage, improve sions by veterans denying them benefits when SEVELT DAM dam safety and enhance flood control through- circumstances beyond their control render out central Arizona. them unable to meet the deadline for filing an HON. DAVID SCHWEIKERT Through a partnership with SRP, the federal appeal. OF ARIZONA government, and state and local communities, This legislation would extend the 120-day IN THE HOUSE OF REPRESENTATIVES central Arizona has grown into a vital metro- limit for the filing of an appeal to the Court of Thursday, March 10, 2011 politan region in the Southwest. Veterans Appeals after a final decision of the Mr. Speaker, as Theodore Roosevelt Dam Board of Veterans’ Appeals upon a showing of Mr. SCHWEIKERT. Mr. Speaker, I rise embarks on its second century of service to good cause for such time as justice may re- today to pay tribute to the 100th anniversary the people of the Salt River Valley, it deserves quire. The bill considers as good cause the in- of Theodore Roosevelt Dam, the cornerstone special recognition for its historic and invalu- ability of a veteran to file within the 120-day of water resource operations in Central Ari- able contributions to my state. period due to a service-connected disability. zona. The reliable, sustainable water supply f The bill would make such extension applicable provided by the dam and its reservoir, Theo- to appeals of final Board decisions issued on dore Roosevelt Lake, has served as an eco- TRIBUTE TO ALEX GURGANUS or after July 24, 2008. This bill also requires nomic catalyst that spurred decades of growth the Court of Appeals for Veterans Claims to and helped create the greater Phoenix metro- HON. TOM LATHAM reinstate untimely appeals already dismissed politan area. as a result of the court’s failure to toll the filing The Salt River Valley, home to metropolitan OF IOWA IN THE HOUSE OF REPRESENTATIVES period for good cause. Phoenix, was little more than a few military Under the current system, the veterans’ ap- outposts and prospecting camps until the first Thursday, March 10, 2011 pellate processes are very difficult to navigate modern canal company was organized in Mr. LATHAM. Mr. Speaker, I rise today to especially since so many veterans are pro se 1867. The success of this venture encouraged recognize the achievement of Alex Gurganus, at that stage. Additionally, as TBI and PTSD more irrigation concerns. Most used the an- a seventh-grade student at Ames Middle are the signature disability of the current con- cient canal networks created and maintained School in Ames, Iowa. Alex was recently flicts of Operation Enduring Freedom and Op- by an indigenous civilization that thrived in the named one of only four state winners of the eration New Dawn, many veterans are also fil- area more than 1,000 years earlier. ing claims and appeals while suffering from a As a result of these canal companies, settle- VSA/CVS Call for Art. physical or mental disability. The adherence to ments cropped up across the Valley. Local Alex’s participation in and of itself is stellar. rigid filing deadlines by the CAVC potentially leaders agreed a dam was needed to regulate Alex attained this honor despite being visually has resulted in the denial of benefits for many the flow of the Salt River, which fed the canal impaired. In the classroom, Alex requires large veterans. My bill seeks to rectify this issue by networks, to ensure a reliable source of water print, magnifiers, and a closed circuit TV sys- allowing the veteran to show ‘‘good cause’’ for and sustain development. tem to facilitate his learning and compensate A group including a surveyor, journalist, and for zero vision in his right eye and low visual missing the filing deadline if related to the vet- canal company superintendent identified a capacity in his left eye. eran’s service-connected disability. It is clear possible dam site in 1889 about 80 miles east However, Alex did not allow these obstacles to me that Congress intended to allow equi- of Phoenix near the confluence of Tonto to deter him as he has been meticulously per- table tolling when it created the veterans’ Creek and the Salt River. The site was nestled fecting his award-winning artwork, ‘‘Design by court. The VSO community wholeheartedly sup- among the Superstition wilderness area, the Surprise,’’ for the last three years. When com- ports this legislation and its costs are likely Sierra Ancha Mountains, and the Salt River posing a piece of art, Alex must memorize discretionary. I urge my colleagues to support Canyon. where the colors are on the palette in addition Next, residents had to determine how to pay to utilizing a hand-held magnifying dome to this bill without delay to give these veterans for such a massive undertaking. The Salt ensure perfection. the access to justice that they deserve. River Valley Water Users’ Association was or- The example set by this young man dem- f ganized in 1903 when Valley landowners onstrates the rewards of hard work, dedication HONORING LINDSEY WALKER pledged their property as collateral for a gov- and perseverance, and I am honored to rep- ernment loan to build the proposed dam. It resent Alex Gurganus and his family in the United States Congress. I know that all of my HON. SAM GRAVES was a unique arrangement only made possible OF MISSOURI colleagues will join me in congratulating him by an act of Congress the previous year, the IN THE HOUSE OF REPRESENTATIVES National Reclamation Act of 1902. on overcoming such a difficult hurdle as a Dam construction began in 1905 under the means to achieve such wonderful results. I Thursday, March 10, 2011 supervision of the U.S. Reclamation Service, speak for all my colleagues as I wish Alex Mr. GRAVES of Missouri. Mr. Speaker, I now the U.S. Bureau of Reclamation. When continued success in his future education and proudly pause to recognize Lindsey Walker. completed in early 1911 and dedicated per- career. Lindsey is a very special young woman who sonally by the president whose name it bears, f has exemplified the finest qualities of citizen- Roosevelt was the world’s largest masonry ship and leadership by taking an active part in dam. FAIR ACCESS TO VETERANS the Girl Scouts of the USA and earning the Hydroelectric generation from the dam pro- BENEFITS, H.R. 810 high honor of the Gold Award. vided early power to, and served as the basis Lindsey’s outstanding achievement reflects of, power operations for the Salt River Project HON. BOB FILNER her hard work and dedication. Lindsey has ex- (SRP), a water and power entity that includes OF CALIFORNIA hibited unique and creative examples of serv- the Salt River Valley Water Users’ Associa- IN THE HOUSE OF REPRESENTATIVES ice that have made a difference in her com- tion. munity. I am confident that she will continue to Thursday, March 10, 2011 Roosevelt Dam has undergone various im- hold herself to the highest standards in the fu- provements through the ages, including three Mr. FILNER. Mr. Speaker, the Fair Access ture. This is an accomplishment for which separate upgrades of its hydroelectric gener- to Veterans Benefits Access Act of 2011, H.R. Lindsey can take pride in for the rest of her ating capacity. A major modification of the 810, is a bill that would help our veterans who life. dam and reservoir was completed in 1996 file appeals before the Court of Appeals for Mr. Speaker, I proudly ask you to join me in when the height of the dam was raised by 77 Veterans Claims. This legislation would re- commending Lindsey Walker for her accom- feet and the dam envelope was strengthened. quire the U.S. Court of Appeals for Veterans’ plishments with the Girl Scouts of the USA

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

VerDate Mar 15 2010 05:27 Mar 11, 2011 Jkt 099060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K10MR8.001 E10MRPT1 sroberts on DSK2BSOYB1PROD with REMARKS E448 CONGRESSIONAL RECORD — Extensions of Remarks March 10, 2011 and for her efforts put forth in achieving the Yet, more than a quarter century later, the or- eral money. After examining the Internal highest distinction of the Gold Award. ganization receives $53 million annually in fed- Revenue Service Form 990 reports of major eral government funds according to its own litigious NFWF recipients, I found no sepa- f rate segregated accounts for lawsuits—you records. Some of this money funds zealous HONORING PURVIS E. ISLER, SR. can’t tell federal money from private—mak- and litigious environmental groups whose ac- ing NFWF’s claims appear disingenuous at tions threaten the livelihoods of America’s best. HON. HENRY C. ‘‘HANK’’ JOHNSON, JR. hard-working farmers and ranchers. At a time NFWF’s original $100,000 ‘‘one-time seed OF GEORGIA when American agriculture is threatened by money’’ appropriation has bloated to $53 mil- IN THE HOUSE OF REPRESENTATIVES onerous regulation, bureaucratic intimidation, lion in 2009, exactly what Reagan feared when he famously muttered, ‘‘The definition Thursday, March 10, 2011 unfair taxation, and high energy costs, our farmers cannot afford to defend themselves of immortality is a government program.’’ Mr. JOHNSON of Georgia. Mr. Speaker, I Even though NFWF’s wealthy directors from advocacy groups funded by their hard- should be ideal fundraisers, two-thirds of its submit the following. earned tax dollars. income is routinely taxpayer money, and Whereas, Ninety years ago a tenacious man I urge my colleagues to read Mr. Arnold’s now the Obama administration wants to give of God was born in Newport News, Virginia on column on the National Fish and Wildlife it more millions of federal dollars that we March 9, 1921; and Foundation and to question whether the fed- don’t have. Whereas, Mr. Purvis E. Isler, Sr., born to eral government should continue supporting it House appropriators tried to cut NFWF’s Mr. Elijah and Mrs. Esther Isler, grew up in and other non-profit groups that use taxpayer taxpayer umbilical in 1996. Immediately, a Byzantine cabal of Big Green leaders and New Jersey when his family moved north and money to put people out of work. attended Perth Amboy High School where he hired lobbyists materialized, somehow con- [From the Washington Examiner, Feb. 25, vincing the appropriators to lay off. Reagan met and married his high school sweetheart 2011] should have added, ‘‘Environmental funding Jeanette Deay Eaton and to their union seven CONGRESS SHOULD STOP FUNDING BIG GREEN is forever.’’ daughters and three sons were born; and LAWSUITS AGAINST THE GOVERNMENT Last week, a gutsy congressman tried Whereas, Mr. Isler has shared his time and (By Ron Arnold) again. Rep. TOM MCCLINTOCK, R–Calif., chair- man of the House Natural Resource Commit- talents as a Husband, Father and Motivator, America’s taxpayers need to know about a tee’s Power and Water Subcommittee, intro- giving the citizens of the United States a per- thorny federal program lurking in the duced an amendment to the House’s $1.2 tril- son of great worth, a fearless leader and a Obama budget: the National Fish and Wild- lion continuing resolution bill to perma- servant to all advancing the lives of others, life Foundation. It began decades ago as a nently defund NFWF. through service to our country in the U.S. millionaire’s hobby horse and grew into a Once again, Big Green sent out its min- Frankenstein monster that today feeds mil- Army, as a broadcast electronics technician ions, and MCCLINTOCK’S amendment failed on and being the ideal father and grandfather; lions of taxpayer dollars to green groups a voice vote. and that sue the federal government—and thus That shouldn’t be the end of it. We need sue the taxpayer. Whereas, Mr. Isler has been blessed with a congressional hearings to stop feeding tax- I began researching NFWF in a 1995 report payer money into NFWF’s funnel. And we long, happy life, devoted to God and credits it on Big Green’s federally funded trial law- all to the Will of God; and need elected officials with the fortitude to yers, ‘‘Feeding at the Trough’’ instruct the National Fish and Wildlife Whereas, Mr. Isler along with his family and (www.undueinfluence.com/feeding-at-the- Foundation’s insatiable billionaires to stop friends are celebrating this day a remarkable trough.pdf). feeding at the trough. milestone, his 90th Birthday, we pause to ac- NFWF’s origins are bizarre: Congress cre- f knowledge a man who is a cornerstone in our ated it as a nonprofit corporation in 1984, community; and specifying that it ‘‘is not an agency or estab- EEOIPCA AMENDMENT ACT OF 2011 lishment of the United States Government.’’ AND THE ENERGY EMPLOYEES Whereas, the U.S. Representative of the President Reagan denounced that double Fourth District of Georgia has set aside these talk when he reluctantly signed the bill, OCCUPATIONAL ILLNESS COM- days to honor and recognize Mr. Isler on his writing, ‘‘Entities which are neither clearly PENSATION PROGRAM IMPROVE- birthday and to wish him well and recognize governmental nor clearly private should not MENT ACT OF 2011 him for an exemplary life which is an inspira- be created.’’ tion to all; The intent for NFWF was to develop pri- HON. ED WHITFIELD vate sector support for the U.S. Fish and Now Therefore, I, HENRY C. ‘‘HANK’’ JOHN- OF KENTUCKY Wildlife Service, a government agency. This SON, JR. do hereby proclaim March 9th and perverse purpose allows a well-connected pri- IN THE HOUSE OF REPRESENTATIVES March 12th, 2011 as Mr. Purvis E. Isler, Sr. vate elite—originally including timber heir- Thursday, March 10, 2011 Days in Georgia’s 4th Congressional District. ess Nancy Weyerhaeuser, oil billionaire PROCLAIMED, THIS 9th day of March, Caroline Getty, and now hedge fund billion- Mr. WHITFIELD. Mr. Speaker, today I join 2011. aire Paul Tudor Jones—to carve out govern- with my colleague, Rep. JARED POLIS (D–CO– f ment funds, solicit limitless private funds, 02) to introduce two important pieces of legis- and funnel the cash to whom they please, in- lation, the EEOIPCA Amendment Act of 2011 NATIONAL FISH AND WILDLIFE cluding $25,000 to Nancy Weyerhaeuser’s son and the Energy Employees Occupational Ill- FOUNDATION Rick for an anti-logging project he ran in ness Compensation Program Improvement Act Montana—and $23,500 to a Planned Parent- of 2011, which will help ensure former employ- hood-type group in Rajasthan, India, for pop- HON. DEVIN NUNES ulation control near Ranthambhore National ees at certain Department of Energy sites re- OF CALIFORNIA Park. ceive the benefits and care they are due while IN THE HOUSE OF REPRESENTATIVES As it grew, NFWF created one horror story also bringing transparency and oversight to after another. It gave $89,748 to the Grand the program charged with administering com- Thursday, March 10, 2011 Canyon Trust, which filed suit and shut pensation. Mr. NUNES. Mr. Speaker, as Congress down the coal-fired Mojave Power Plant in During the Cold War, thousands of workers closely scrutinizes federal programs to reduce Laughlin, Nev., and cost 200 Navajo miners employed in the nation’s atomic weapons pro- our massive federal debt and deficit, we must their high-paying jobs at the Black Mesa grams were exposed to radioactive and toxic coal mine that supplied the plant. take a hard look at troubled, taxpayer-financed NFWF gave nearly $442,000 to the National substances. For this reason, Congress passed programs that play a role in destroying Amer- Wildlife Federation and in return got a law- the Energy Employees Occupational Illness ican jobs. The February 25, 2011 edition of suit to divert water from generating elec- Compensation Program Act (EEOICPA) in The Washington Examiner contained a column tricity in Pacific-Northwest power dams— 2000 to provide compensation to employees by Mr. Ron Arnold that discusses the legisla- and spill it for migrating salmon. The suit who have become ill as a result of work at tive history and current activities of the Na- now threatens to remove four vital hydro- atomic weapons facilities. Individuals, or their tional Fish and Wildlife Foundation—a non- electric dams on the Snake River. Another eligible survivors, who worked as an em- profit organization authorized by Congress in NFWF recipient, American Rivers ($296,700), ployee, contractor, or subcontractor at certain is also a party to the suit, which is still in 1984 pursuant to Public Law 98–244. court. Department of Energy facilities may be eligible Mr. Arnold’s column illustrates how Con- The list goes on and on, lawsuits against for compensation in the form of lump sum gress originally authorized an average of fisheries, agriculture, energy, construction, payments and medical expenses. Yet all too $100,000 per year in federal taxpayer money manufacturing, the whole economy. NFWF often workers and surviving family members, to the National Fish and Wildlife Foundation. claims that grantee lawsuits do not use fed- such as those in my Congressional District,

VerDate Mar 15 2010 05:27 Mar 11, 2011 Jkt 099060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\K10MR8.004 E10MRPT1 sroberts on DSK2BSOYB1PROD with REMARKS March 10, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E449 run into challenges when weaving through the In 1971, Mr. McCurdy enrolled in the Air Board Trustee and Shift Vice President for the federal government maze to claim the benefits Force at Office Training School in Lackland Air International Association of Fire Fighters Local they deserve. Force Base, Texas and was commissioned as 689. He was also an active member of the The EEOIPCA Amendment Act is based Second Lieutenant. He later moved to Wichita, Fire Labor Management Team, and he orga- upon a recent study by the Government Ac- Kansas, at the McConnell Air Force Base nized Alameda Fire Department’s participation countability Office (GAO) on how best to im- where he served as Combat Crew Com- in the California Professional Firefighters Ex- prove the EEOICPA program. Specifically, this mander, Command Post Controller, and Emer- posure Reporting Program. legislation will require the President to estab- gency War Order Coordinator for seven years. Cpt. Carnevale had many outside passions lish and appoint an advisory board on toxic After his time in Kansas, he moved to and skills, including craftsmanship and the substances and worker health responsible for Lackland Air Force Base in Texas, where he outdoors. He helped design and build his fam- overseeing a portion of the original EEOICPA served as an Instructor at Officer Training ily’s home in Mill Valley. He also helped to re- legislation known as ‘‘Part E.’’ The Part E pro- School from 1979 to 1982. He also became a store the fire department’s two antique fire gram provides eligible employees with com- ROTC Instructor at the University of California rigs, and he took it on himself to repaint the pensation payments of up to $250,000, plus in Berkeley for three years. By 1989, Mr. insignia at the front door of Station Three. medical expenses for health conditions as a McCurdy returned to Texas and lived at the Even a diagnosis of cancer could not slow him result of having been exposed to toxic sub- Randolph Air Force Base as a Texas Officer down, as he continued to enjoy spending time stances while working for DOE. Further, the Accessions for four years. In October of 1993, with his family, traveling, and kayaking. Ombudsman for the Department of Labor will he retired from the Air Force as a Lieutenant Cpt. Carnevale is survived by his wife Eliza- be required to provide an annual report to Colonel. beth Carnevale and his eight-year-old son. Congress on the program and make the report After his retirement from the Air Force, Mr. Mister Speaker, it is with a profound sense available to the public online. McCurdy began his career in education at the of loss that we ask you to join us in honoring The second bill we introduce today, the En- Saint Anthony Catholic School in 1993, and the life of Cpt. Scott Carnevale. Family and ergy Employees Occupational Illness Com- was appointed Dean. He pursued his passion friends remember Cpt. Carnevale as an ad- pensation Program Improvement Act of 2011, for teaching history and classics to grade lev- venturer who was loved and respected for his will amend Part E of the EEOICPA program to els sixth, seventh, and eighth. His tireless integrity, selflessness, and dependability. The allow survivors of family members who file dedication to students and education contin- people of the Bay Area remember him as a claims under Part E but who pass away be- ued for eighteen years at Saint Anthony true hero. fore their claims are approved to receive the Catholic School. After nearly two decades of full benefit that would have been awarded to service to the school and students, he retires f the claimant, rather than a lesser survivor’s leaving his mark as a great leader and educa- tor. HONORING THE FIFTIETH benefit. This bill will correct the sort of inequity ANNIVERSARY OF ASPIRA in the case of a Kentucky resident who Mr. Speaker, I am honored to have this time passed away from complications sustained to pay tribute to Mr. Si McCurdy for his out- ´ while working for DOE and whose claim was standing service to Air Force bases throughout HON. NYDIA M. VELAZQUEZ approved just days after his death. the nation and recognize his retirement from OF NEW YORK The EEOIPCA Amendment Act of 2011 and the Saint Anthony Catholic School after eight- IN THE HOUSE OF REPRESENTATIVES the Energy Employees Occupational Illness een years of service. He has truly contributed to the community and nation in his efforts to Thursday, March 10, 2011 Compensation Program Improvement Act of ´ 2011 are two important pieces of legislation protect the nation and serve our school- Ms. VELAZQUEZ. Mr. Speaker, I rise today that will improve the efficiency and effective- children. Thank for you this time. to mark the fiftieth anniversary of ASPIRA, ness of EEOICPA and, in turn, help ensure f and the valuable contributions this organiza- workers and their families receive just com- tion has made enriching the lives of the Puerto HONORING ALAMEDA FIRE Rican and Latino communities across our pensation in a timely manner. CAPTAIN SCOTT CARNEVALE I urge my colleagues to join me in sup- country. porting these two bills and to push for swift HON. LYNN C. WOOLSEY Since its founding in New York City by the passage in the House. educator, civil rights leader and Presidential OF CALIFORNIA Medal of Freedom awardee Dr. Antonia f IN THE HOUSE OF REPRESENTATIVES Pantoja, ASPIRA has helped strengthen Puer- RECOGNIZING MR. SI MCCURDY Thursday, March 10, 2011 to Rican and Latino communities through edu- Ms. WOOLSEY. Mr. Speaker, I rise today cation and outreach programs. HON. HENRY CUELLAR with my colleague, Representative FORTNEY Over the past five decades ASPIRA has OF TEXAS PETE STARK, to honor the memory of a man helped nearly half-a-million Puerto Rican and IN THE HOUSE OF REPRESENTATIVES who gave his life serving the people of the Latino youth, giving them the tools they need- ed to succeed through education and leader- Thursday, March 10, 2011 San Francisco Bay Area. Alameda Fire Cap- tain Scott Carnevale, a resident of Mill Valley, ship development programs. From its humble Mr. CUELLAR. Mr. Speaker, I rise today to California, died at the age of 42 on January 3, beginnings, ASPIRA has grown today to 30 recognize Mr. Si McCurdy for his retirement 2011, of occupational cancer. centers serving 50,000 Latino youth and par- from his position as Dean of Students from the Cpt. Carnevale was a proud Mill Valley na- ents in 79 communities across nine states, as Saint Anthony Catholic School. Mr. McCurdy tive. He attended Mill Valley Middle School well as Puerto Rico and Washington, DC. In contributed to the San Antonio and Randolph and Tamalpais High School, and it was at fact many ‘‘Aspirantes,’’ from actor Jimmy Air Force Base, Texas area for decades with Tam High that he first met his future wife, Eliz- Smits to elected officials like Anthony Romero, his military and education background. abeth. Mill Valley is also where Cpt. Carnevale Fernando Ferrer and Billy Ocasio, trace their Mr. McCurdy attended the Elliott School of took an early interest in firefighting, volun- success to this organization. Saint Mary’s Hall for two years, and then he teering with the Mill Valley Fire Department in At a time when too many Latino youth do studied at the San Antonio Academy and the 1992. Cpt. Carnevale then attended the fire not complete a high school education, over Texas Military Institute in San Antonio, Texas. academy in Santa Rosa and graduated the 95-five percent of participating ASPIRA youth In 1970, he obtained a Bachelor Associates following year. graduate. Of these, over 90 percent go on to degree from Hampden Sydney College in Vir- Early in his career, Cpt. Carnevale served a college education. ginia. In the summer of 1969, Mr. McCurdy as a seasonal firefighter in Marin and worked Indeed, this is the kind of success we are worked as a Train Order Operator for the for the Tamalpais Fire District before finally celebrating today with the fiftieth anniversary Southern Pacific Railroad in San Antonio. joining the Alameda Air Station as a full-time of ASPIRA. Their accomplishments have im- After graduating from Hampden Sydney Col- firefighter. When the airbase closed in 1997, proved the quality of life and opportunities for lege, he received his Master’s degree from the Cpt. Carnevale was hired by the city of Ala- the Latino community. University of Texas at Austin. His exceptional meda, where he was promoted to Apparatus Mr. Speaker, I urge my colleagues to join academic achievements propelled him to hold Operator in 2001 and Captain of Station Two me today, March 10, in recognizing 50 years outstanding positions in Air Force bases in in 2007. of service by ASPIRA and its contributions to Texas and the nation and ultimately serve as Cpt. Carnevale was also dedicated to his the social, economic, and cultural fabric of our a Dean for the Saint Anthony Catholic School. fellow firefighters. He served as an Executive great nation.

VerDate Mar 15 2010 05:27 Mar 11, 2011 Jkt 099060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\A10MR8.003 E10MRPT1 sroberts on DSK2BSOYB1PROD with REMARKS E450 CONGRESSIONAL RECORD — Extensions of Remarks March 10, 2011 HONORING ETERNITY HAYNIE IN HONOR OF MARC JOHNSON, 2011 CONGRATULATIONS TO NEWEST SUPERINTENDENT OF THE YEAR APPOINTEES TO THE DEPOSI- HON. SAM GRAVES TORY LIBRARY COUNCIL HON. JIM COSTA OF MISSOURI OF CALIFORNIA HON. ROBERT A. BRADY IN THE HOUSE OF REPRESENTATIVES OF PENNSYLVANIA IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Thursday, March 10, 2011 Thursday, March 10, 2011 Thursday, March 10, 2011 Mr. GRAVES of Missouri. Mr. Speaker, I Mr. COSTA. Mr. Speaker, I rise today to Mr. BRADY of Pennsylvania. Mr. Speaker, I proudly pause to recognize Eternity Haynie. pay tribute to the distinguished educational wish to congratulate the five newest members Eternity is a very special young woman who leadership of Marcus Johnson, Superintendent appointed to the Depository Library Council by has exemplified the finest qualities of citizen- of Sanger Unified School District in California’s Public Printer William Boarman. The Council is ship and leadership by taking an active part in Central Valley, who has been honored as the composed of 15 members, each of whom the Girl Scouts of the USA and earning the 2011 Superintendent of the Year by the Amer- serves a 3-year term. Its purpose is to advise high honor of the Gold Award. ican Association of School Administrators. the Public Printer on policy matters relating to Eternity’s outstanding achievement reflects A California native, Marc Johnson lives in the Federal Depository Library Program her hard work and dedication. Eternity has ex- the small community of Reedley, where at age (FDLP), which is administered by the Govern- hibited unique and creative examples of serv- four he moved with his parents and where his ment Printing Office. ice that have made a difference in her com- home sits ten miles away from his office. He The FDLP provides public access across munity. I am confident that she will continue to is a graduate of Reedley Community College, the United States to the published information hold herself to the highest standards in the fu- California State University, Fresno and Fresno of all three branches of the Federal Govern- ture. This is an accomplishment for which Pacific University, where he received his Mas- ment through partnerships with more than Eternity can take pride in for the rest of her ters degree and completed his credential pro- 1,220 libraries nationwide—public libraries, life. grams. university and college libraries, law libraries, Mr. Speaker, I proudly ask you to join me in Marc Johnson embarked on his career with research libraries, libraries of state appellate commending Eternity Haynie for her accom- Sanger Unified School District, first serving as courts, Federal libraries, and others—about 3 plishments with the Girl Scouts of the USA an assistant superintendent of human re- per congressional district. Federal depository and for her efforts put forth in achieving the sources and later as an associate super- libraries serve as vital links between ‘‘We the highest distinction of the Gold Award. intendent in the district. In 2003, Marc as- People’’ and our Government. Anyone can sumed a new role of Superintendent, over- visit Federal depository libraries and use the f seeing a highly diverse student population of Federal documents collections, which are filled 10,800 students. He entered amidst turmoil for with information on careers, business opportu- HONORING GARNETT RHODES the rural school community and one year later nities, health and nutrition, laws and regula- was faced with the challenges accompanied tions, statistical data, demographics, consumer HON. HENRY C. ‘‘HANK’’ JOHNSON, JR. with an entire school district being designated information, and numerous other subjects. for program improvement by the State of Cali- Today, this partnership is predominately elec- OF GEORGIA fornia. With boundless energy and enthu- tronic, but tangible formats are distributed IN THE HOUSE OF REPRESENTATIVES siasm, Marc proved from early on that his where online equivalents are not available. The five new DLC members for the June 1, Thursday, March 10, 2011 leadership was promising. By 2006, he led the district out of the state improvement status 2011–June 1, 2014, term are: Mr. JOHNSON of Georgia. Mr. Speaker, I and on a path to reorganization that would Stephanie Braunstein, Assistant Librarian at submit the following. later earn him accolades from colleagues and the Troy H. Middleton Library at the Louisiana admirers of his professional endeavors across State University in Baton Rouge, one of Lou- Whereas, One hundred years ago a tena- isiana’s two regional depository libraries. the country. cious man of God was born in Taliaferro Braunstein’s outreach with the library commu- Under the leadership and guidance of Marc County, Georgia on March 11, 1911; and nity includes presenting at conferences, Johnson, Sanger Unified School District has Whereas, Mr. Garnett Rhodes was born to partnering with GPO to host an online list of been transformed into a professional learning Mr. Chapman and Mrs. Mary Jane Frazier Federal agency web sites, and contributing to community focused on student learning, high Rhodes, he grew up farming in Taliaferro Browse Topics, an online subject-based portal quality instruction and teacher collaboration. County, Georgia and continued to farm in for government information. She currently Greene County, Georgia and Athens, Georgia The Sanger district now boasts some of the serves as Coordinator of the Federal Docu- until he turned 90 years old; and highest overall achievement gains in the state ments Task Force (FDTF) of the American Li- Whereas, Mr. Rhodes has shared his time of California, including: 13 schools have been brary Association (ALA) and is the Louisiana and talents as a Husband, Father and designated as State Distinguished School; 12 Library Association Councilor to ALA. Motivator, giving the citizens of Georgia a per- schools have been designated as Title I Aca- Donna Lauffer, County Librarian for the son of great worth, a fearless leader and a demic Achieving Schools; two schools have Johnson County (KS) Library system’s 13 servant to all who want to advance the lives been named National Blue Ribbon Schools branches. Lauffer has a strong track record in of others; and and all 13 elementary schools have been hon- delivering government information to the public ored for their outstanding character develop- and in promoting civic engagement. Her lead- Whereas, Mr. Rhodes has been blessed ment programs. with a long, happy life, devoted to God, and ership in support of government information Dick Sheppard, editor of the Sanger Herald, credits it all to the Will of God; and and relevant programming in her library sys- called Marc Johnson, ‘‘the guy who pulled the tem led to the Johnson County Library being Whereas, Mr. Rhodes along with his family district out of darkness into light.’’ This could honored as the 2010 Federal Depository Li- and friends are celebrating this day a remark- not be a more true statement and character- brary of the Year. able milestone, his 100th Birthday, we pause ization of the person who commits to visiting Susan Lyons, Reference and Government to acknowledge a man who is a cornerstone the 1,000 classrooms in the district twice an- Documents Librarian at the Rutgers University in our community; and nually, using the first occasion each year to Law School Library in Newark, New Jersey. Whereas, the U.S. Representative of the affix a pin of appreciation he has selected on Lyons’ professional interests include digital Fourth District of Georgia has set aside this each teacher in front of his or her students. preservation, authentication, and permanent day to honor and recognize Mr. Rhodes on his Mr. Speaker, I ask my colleagues to rise public access to government information. She birthday and to wish him well and recognize with me today to congratulate Mr. Marcus has served as Chair of the Government Docu- him for an exemplary life which is an inspira- Johnson on the occasion of his special rec- ments Special Interest Section of the Amer- tion to all; ognition as the 2011 Superintendent of the ican Association of Law Librarians (AALL), Now Therefore, I, HENRY C. ‘‘HANK’’ JOHN- Year and, on behalf of the students, parents President of the New Jersey Law Librarians SON, JR. do hereby proclaim March 11, 2011 and teachers of Sanger Unified School Dis- Association, and President of the Documents as Mr. Garnett Rhodes Day in the Fourth Con- trict, thank him for his leadership and unwav- Association of New Jersey. gressional District. Proclaimed, this 11th day ering dedication to raising education standards Mark Phillips, Assistant Dean for Digital Li- of March, 2011. in our community. braries at the University of North Texas in

VerDate Mar 15 2010 05:27 Mar 11, 2011 Jkt 099060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\K10MR8.005 E10MRPT1 sroberts on DSK2BSOYB1PROD with REMARKS March 10, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E451 Denton. Phillips specializes in digital collec- Congress, and I was in private law practice 8 Former Blount County Mayor Jerry tions, knowledge of infrastructure for digital years before that. I do not know another per- Cunningham said at the reception that he’s known Young since high school. collections, preservation techniques, and web son whose integrity honors the legal profes- He called the judge brilliant, compas- harvesting. He currently serves on the Access sion more than Judge Young. sionate—a gentleman. Committee in the International Internet Preser- At a recent reception in his honor, hundreds ‘‘He brings dignity and fairness and equity vation Consortium (IIPC) and the Dublin Core of people lined up to thank Judge Young for to the bench,’’ Cunningham said. ‘‘Anything Metadata Initiative’s, Dublin Core Library Pro- his service. he’s every done, he’s done it well.’’ file Workgroup. The Daily Times Newspaper in Maryville, Cunningham also said that Young has a good sense of humor and that the pair have Arlene Weible, Government Documents and Tennessee, reported, ‘‘Kind, fair, and the ulti- had many fun times together.‘‘Sometimes in Technical Services Librarian at the Oregon mate gentleman—that’s how friends and ad- court, things happen that you just have to State Library in Salem. Weible has a broad mirers described Blount County Circuit Judge stop and laugh,’’ he said. ‘‘Then sometimes background in technical services and public W. Dale Young . . .’’ things happen that are funny but you are not services, and experience working in state and Judge Young has a long history of pro- supposed to laugh and he would always man- academic libraries. She currently serves on tecting and strengthening families, and his fa- age to drop his pencil and duck down behind the National Digital Stewardship Alliance and vorite part of the job was the many adoptions the bench (to laugh). We’ve always teased him about that.’’ as the regional coordinator for Oregon’s intra- he helped finalize. He would often pose for state shared regional, a successful shared photos with the families and showed great f housing arrangement that serves the deposi- compassion during the process. INTRODUCTION OF THE JERU- tory libraries in Oregon. Judge William Brewer said, ‘‘He is a won- SALEM EMBASSY AND RECOGNI- In making these five appointments, Public derful fellow. He’s a gentleman.’’ TION ACT OF 2011 Printer Boarman noted the talent and exper- Mr. Speaker, I urge my colleagues and tise these outstanding individuals bring to the other readers of the RECORD to join me in rec- HON. DAN BURTON Depository Library Council. Nearly all of us ognizing Judge W. Dale Young’s 26-year serv- OF INDIANA have depository libraries in our districts pro- ice to Blount County, Tennessee. IN THE HOUSE OF REPRESENTATIVES viding our constituents with public access to On the occasion of his retirement, I submit Thursday, March 10, 2011 Government information. I trust all Members the Daily Times article offering tribute to Judge will join me in congratulating the appointees to Young’s service. Mr. BURTON of Indiana. Mr. Speaker, I rise the Council, and wishing them well as they [From the Daily Times] to introduce The Jerusalem Embassy and Recognition Act of 2011. This legislation embark upon their mission to strengthen and HUNDREDS ATTEND RETIREMENT RECEPTION closes a loophole that has allowed the United improve the Depository Library Program for FOR JUDGE YOUNG the benefit of all Americans. States Embassy in Israel to remain in Tel (By Chloe Morrison) Aviv, despite the passage of the Jerusalem f Kind, fair and the ultimate gentleman, Embassy Act in 1995 and the passage of mul- HONORING ALLISON DAVIS that’s how friends and admirers described tiple resolutions (passed with overwhelming Blount County Circuit Judge W. Dale Young Friday at his retirement reception. and bipartisan support) affirming the U.S. HON. SAM GRAVES ‘‘He has just been so good to so many peo- commitment to relocate the embassy to Jeru- OF MISSOURI ple and I just feel like we should turn out salem. IN THE HOUSE OF REPRESENTATIVES and let him know how much we appreciate The Jerusalem Embassy Act declared that it him,’’ Louisville resident Sandra Stricklin is the official position of the United States that Thursday, March 10, 2011 said at the reception, which was on the third Jerusalem is, and rightly ought to remain, the Mr. GRAVES of Missouri. Mr. Speaker, I floor of the Justice Center. undivided capital of Israel. On June 4, 2008, proudly pause to recognize Allison Davis. Alli- Over a period of two hours, hundreds while still serving as a United States Senator, son is a very special young woman who has flowed through the reception, many stopping President Obama pledged that: ‘‘Jerusalem exemplified the finest qualities of citizenship to shake the judge’s hand, give him a gift or will remain the capital of Israel, and it must re- thank him for his service. main undivided.’’ United States officials do and leadership by taking an active part in the ‘‘He is a man of high integrity and char- Girl Scouts of the USA and earning the high acter,’’ Maryville Police Chief Tony Crisp conduct diplomatic meetings and other busi- honor of the Gold Award. said after the reception. ‘‘He has done a won- ness in the city of Jerusalem in de facto rec- Allison’s outstanding achievement reflects derful job for Blount County.’’ ognition of its status as the capital of Israel, her hard work and dedication. Allison has ex- Young is retiring after 26 years at the but the Embassy remains firmly grounded in hibited unique and creative examples of serv- bench. He is 72. Tel Aviv. ice that have made a difference in her com- During decades of service Young has Despite this declaration of support and due munity. I am confident that she will continue to touched many area residents, such as Mike to presidential waivers, the United States has Everett, who came to Friday’s ceremony to failed to carry out our promise to our Israeli hold herself to the highest standards in the fu- honor the judge. ture. This is an accomplishment for which Alli- friends and has never acted to move the Everett’s granddaughter, Allie, 20 months, United States Embassy from Tel Aviv to Jeru- son can take pride in for the rest of her life. was the last adoption that Young finalized. Mr. Speaker, I proudly ask you to join me in Allie’s parents—Morgan and Glenda Ever- salem. Every sovereign country has the right commending Allison Davis for her accomplish- ett—couldn’t attend the ceremony, but Ever- to designate its own capital and the United ments with the Girl Scouts of the USA and for ett said it was important for him to come States maintains its Embassy in the func- her efforts put forth in achieving the highest and bring his grandchild. tioning capital of every country. Why is it then distinction of the Gold Award. ‘‘I was involved every step of the way,’’ that we continue to delay the relocation of this, Everett said about the adoption process. our most important embassy in the Middle f ‘‘She’s the only grandchild I have and will East? HONORING CIRCUIT COURT JUDGE probably ever have, so I’ve been in the mid- Not only have we not relocated the em- W. DALE YOUNG dle of it.’’ bassy but our President has seemingly weak- Everett also said that he heard that adop- ened the United States’ resolve to do so. tions were Young’s favorite part of the job, HON. JOHN J. DUNCAN, JR. and he said the judge showed care and com- Presidential Determination 2011–6, which was OF TENNESSEE passion for his family. transmitted by the Administration to Congress just a few months ago, renewed a legally re- IN THE HOUSE OF REPRESENTATIVES ‘‘He was so kind to us that day,’’ Everett said of the day Young finalized Allie’s adop- quired waiver which allows the Administration Thursday, March 10, 2011 tion. ‘‘He made pictures and sent us copies.’’ to suspend the 1995 law requiring the U.S. Mr. DUNCAN of Tennessee. Mr. Speaker, I Judge William Brewer summed up his Embassy in Israel to move from Tel Aviv to wish today to honor a legal legend from my thoughts about Young, keeping his words Jerusalem. While the renewal of the waiver District on the occasion of his retirement. simple. was not unexpected or unusual, the Obama Circuit Court Judge W. Dale Young has ‘‘He is a wonderful fellow,’’ he said. ‘‘He’s Administration once again neglected to include a gentleman.’’ served the citizens of Blount County, Ten- At the retirement reception, Rick McNear, a key sentence that the previous Administra- nessee, admirably and with humor and humil- with the Blount County Sheriff’s Office, also tion had included in previous determinations; ity for 26 years. had praise for the retiring judge. specifically: ‘‘My Administration remains com- I served as a state trial judge in nearby ‘‘He’s a gentle, compassionate caring mitted to beginning the process of moving our Knoxville for 7 years before I was elected to man,’’ he said. ‘‘(He’s) a loving man.’’ embassy to Jerusalem.’’

VerDate Mar 15 2010 05:27 Mar 11, 2011 Jkt 099060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A10MR8.009 E10MRPT1 sroberts on DSK2BSOYB1PROD with REMARKS E452 CONGRESSIONAL RECORD — Extensions of Remarks March 10, 2011 During such an unstable time in the Middle dean, Director of the Reading, Language Arts most heinous crimes go punished and I will East, it is more important that ever that the and Humanities Department, and Steward for continue to fight for a fair justice system that United States and this Congress stand firmly Resource and Information. Prior to her retire- does not use death as a means of achieving behind Israel. From the recent unrest in Egypt ment she also served as President of the Con- justice. and the collapse of the Lebanese government, gress of Flint School Administrators. to the threat of Iran, Hezbollah, Hamas, and Lenore has also served as a member of the f many other anti-Israel terrorist groups, Israel is Mott Community College Board of Trustees for constantly facing new challenges to maintain- over 20 years. Re-elected to her 4th term in INTRODUCTION OF A RESOLUTION ing its sovereignty and security. We must 2005, she has been the board chairperson SUPPORTING THE RIGHTS OF show that we are dedicated to our alliance since 1995. Recognized by her peers, Lenore ALL WORKERS AND CALLING and fulfill the commitments that we have has served on the National Board of Directors FOR AN END TO THE RECENT made. In a country where security is an elu- and as Central Region Chairperson for the As- ATTACKS ON WORKERS sive goal, Israel should be secure in knowing sociation of Community College Trustees. She that the United States will deliver on its prom- is active with the YWCA of Flint, Center for HON. ELEANOR HOLMES NORTON ises. the Visually Impaired, Salvation Army, Flint I believe it is well past time to revisit the Je- Rotary Club, Voluntary Action Center, Delta OF DISTRICT OF COLUMBIA rusalem Embassy Act and close, once and for Sigma Theta Sorority, Boy Scouts of America IN THE HOUSE OF REPRESENTATIVES all, the loophole that has continued to allow Tall Pine Council, Hundred Club of Flint, and Thursday, March 10, 2011 the diplomatic embarrassment of not having Flint Chapter of the NAACP. She is also the our Embassy located in the capital city of founder of the Youth Leadership Institute. In Ms. NORTON. Mr. Speaker, today I rise, in Israel to continue for ten years. That is why I, appreciation of her accomplishments, Lenore advance of leading a special order this along with a number of bi-partisan co-spon- has received numerous awards including the evening, to offer a resolution supporting the sors, am reintroducing this bill which man- Governor’s Service Award in 2007—the rights of all workers, including federal employ- dates the relocation of the U.S. Embassy to George Romney Lifetime Achievement Award. ees and other public employees, and calling Jerusalem, and reaffirms U.S. policy that Jeru- Mr. Speaker, it is with great pride that I ask for the end to attacks on their ability to orga- salem must remain the undivided capital of the House of Representatives to join me in ap- nize and to collectively bargain. There are only Israel. plauding Lenore Croudy. I have known Lenore a few salient rights recognized by every de- I strongly urge my colleagues to co-sponsor for many years and she is always compas- mocracy, such as freedom of religion and free- this important bill. sionate, focused, faithful, and dedicated to im- dom of speech, and on that list always ap- f proving the lives of those around her. Her en- pears the right for workers to organize in order thusiasm for serving others is contagious and to bargain collectively with an employer. It has HONORING SARAH HEAD I am proud to call her my ‘‘lifetime’’ friend. I long been recognized that individual workers wish her a happy birthday and many, many have little, if any, bargaining power sitting HON. SAM GRAVES more. alone with an employer who has hired or OF MISSOURI f could hire her. When unions organize workers, IN THE HOUSE OF REPRESENTATIVES the ground becomes more level and economic STATEMENT APPLAUDING THE conditions decide the outcome. Thursday, March 10, 2011 ABOLITION OF THE DEATH PEN- Mr. Speaker, the American labor movement Mr. GRAVES of Missouri. Mr. Speaker, I ALTY IN THE STATE OF ILLI- NOIS has been a major catalyst for the formation of proudly pause to recognize Sarah Head. a majority middle class in the United States by Sarah is a very special young woman who has leading the way for improvements for all work- exemplified the finest qualities of citizenship HON. JANICE D. SCHAKOWSKY ers, which unions have gained through collec- and leadership by taking an active part in the OF ILLINOIS tive bargaining. I ask the House to join me in Girl Scouts of the USA and earning the high IN THE HOUSE OF REPRESENTATIVES recognizing the American union movement honor of the Gold Award. Thursday, March 10, 2011 and those who work in the public and private Sarah’s outstanding achievement reflects sectors. her hard work and dedication. Sarah has ex- Ms. SCHAKOWSKY. Mr. Speaker, I rise hibited unique and creative examples of serv- today to celebrate the enactment of Illinois f ice that have made a difference in her com- Senate Bill 3539, which abolishes the death munity. I am confident that she will continue to penalty in Illinois. As a lifelong resident of Illi- HONORING ADRIEL BENNINGFIELD hold herself to the highest standards in the fu- nois, I want to thank Governor Quinn and ture. This is an accomplishment for which each and every state legislator who coura- Sarah can take pride in for the rest of her life. geously voted for this important bill. HON. SAM GRAVES Mr. Speaker, I proudly ask you to join me in I strongly oppose the death penalty because OF MISSOURI commending Sarah Head for her accomplish- I have always believed that the government IN THE HOUSE OF REPRESENTATIVES ments with the Girl Scouts of the USA and for should never take a person’s life as punish- her efforts put forth in achieving the highest ment for a crime. This is especially true in our Thursday, March 10, 2011 distinction of the Gold Award. judicial system which is wrought with inequity Mr. GRAVES of Missouri. Mr. Speaker, I f and unfairness that can lead to the conviction of innocent people. In fact, since 1977, 20 proudly pause to recognize Adriel HONORING LENORE CROUDY people sentenced to death in the state of Illi- Benningfield. Adriel is a very special young nois were ultimately exonerated. This is a woman who has exemplified the finest quali- HON. DALE E. KILDEE shameful record that troubles me deeply. ties of citizenship and leadership by taking an Imagine if any of these persons were exe- active part in the Girl Scouts of the USA and OF MICHIGAN earning the high honor of the Gold Award. IN THE HOUSE OF REPRESENTATIVES cuted before evidence could be presented to prove their innocence. Adriel’s outstanding achievement reflects Thursday, March 10, 2011 The enactment of Senate Bill 3539 in Illinois her hard work and dedication. Adriel has ex- Mr. KILDEE. Mr. Speaker, I ask the House is a tremendous step forward for justice. Al- hibited unique and creative examples of serv- of Representatives to join me in recognizing ready, Illinois had set an important example ice that have made a difference in her com- the achievements of Lenore Croudy. A Birth- for the rest of the country, when in 2000, it munity. I am confident that she will continue to day Tribute will be held on March 30th in Flint placed a moratorium on the use of the death hold herself to the highest standards in the fu- Michigan in her honor. penalty. Today, with the stroke of his pen ture. This is an accomplishment for which In addition to being a dear friend, Lenore Governor Quinn has helped turn the tide Adriel can take pride in for the rest of her life. Croudy is a tremendous asset to the flint com- against the use of capital punishment in Amer- Mr. Speaker, I proudly ask you to join me in munity. She was an educator for the Flint ica and I sincerely hope that other states will commending Adriel Benningfield for her ac- Community Schools for over 40 years. During soon follow. complishments with the Girl Scouts of the that time she worked as a teacher, instruc- Mr. Speaker, the existence of the death USA and for her efforts put forth in achieving tional specialist, assistant principal, assistant penalty is not necessary to ensure that the the highest distinction of the Gold Award.

VerDate Mar 15 2010 05:27 Mar 11, 2011 Jkt 099060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\A10MR8.011 E10MRPT1 sroberts on DSK2BSOYB1PROD with REMARKS March 10, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E453 NEWSPAPERS WIN LAP DOG ‘‘it takes a person of character, a person who Before you thought of yourself AWARD FOR BIASED COLUMNS knows what they have, is thankful for what You thought of me they have, and is willing to give whatever it You thought of me so I’d be free Thank you for the time you gave HON. LAMAR SMITH takes to preserve those freedoms for all of You thought of me night and day OF TEXAS us.’’ I always pray you’ll be okay IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, although she may not be in Thank you for the time you gave. the military, Chrissy exemplifies the person of Thursday, March 10, 2011 I commend the patriotism of Kaprise. It is character, valor, and dedication that she so wonderful that young people like her express Mr. SMITH of Texas. Mr. Speaker, The New eloquently spoke of. Once again, I would like such gratitude and appreciation for those men York Times, Los Angeles Times, and the to honor Chrissy Young for her actions and and women who put their lives on the line to Washington Post are the winners of this selfless efforts. protect the freedoms we cherish in America. week’s Media Fairness Caucus ‘‘Lap Dog f f Award’’ for biased news coverage. Most of the regular columns in these news- FLAKE AMENDMENT No. 370 TO HONORING THE SERVICE OF papers have a left-wing bias. Combined, they H.R. 1 DONALD ‘‘DON’’ A. JACKSON feature a total of 19 columnists who show a liberal perspective in their articles and only HON. VIRGINIA FOXX HON. JIM COSTA four who regularly offer conservative views. OF NORTH CAROLINA OF CALIFORNIA That’s a ratio of almost five to one, liberal to IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES conservative. Thursday, March 10, 2011 It’s no surprise that the great majority of Thursday, March 10, 2011 Mr. COSTA. Mr. Speaker, I rise today to Americans say the media are too liberal rather Ms. FOXX. Mr. Speaker, due to a voting honor Donald ‘‘Don’’ A. Jackson, who recently than too conservative, according to a recent error that I was unaware of at the time, my stepped down as Chairman of the Kenneth L. Gallup public opinion poll. vote on the Flake amendment, No. 370 to Maddy Institute at California State University, Columnists certainly are entitled to their H.R. 1 (to reduce funding by $18,750,000 for Fresno. As Maddy Institute Chair, Mr. Jackson opinions, but I hope the national media will unneeded boards and commissions) was re- was committed to ensuring the strength of the look for opportunities to give Americans more corded incorrectly. Please let the RECORD Maddy Institute since its inception in 2000. balanced commentaries. show that I support this amendment. Don attended the University of Arizona f f where he earned a Bachelor of Science de- IN RECOGNITION OF CHRISSY HONORING ANN CAMPBELL gree in 1959. He then went on to Stanford YOUNG OF CLYMER, PENNSYL- University and received his Juris Doctorate de- VANIA gree in 1962. While attending Stanford Univer- HON. SAM GRAVES sity, he earned class honors in Corporate Fi- OF MISSOURI nance and was selected to be a member of HON. MARK S. CRITZ IN THE HOUSE OF REPRESENTATIVES the Stanford Law Review. In 1962, he was ad- OF PENNSYLVANIA Thursday, March 10, 2011 mitted to the bar in the State of California. IN THE HOUSE OF REPRESENTATIVES Don is a member of the Bond Lawyers Asso- Thursday, March 10, 2011 Mr. GRAVES of Missouri. Mr. Speaker, I ciation and is a listed as a Bond Attorney in proudly pause to recognize Ann Campbell. Mr. CRITZ. Mr. Speaker, I rise today to rec- the Bond Buyer’s Directory. Ann is a very special young woman who has Outside of Don’s professional career as an ognize a special young woman who has done exemplified the finest qualities of citizenship attorney, he has been an active member in a great deed for our servicemen and woman. and leadership by taking an active part in the the community of Fresno for over 40 years. The actions of Chrissy Young of Clymer, Girl Scouts of the USA and earning the high He has served on several state boards and Pennsylvania, truly embody what it means to honor of the Gold Award. agencies including the Public Employee Rela- honor those that serve. Ann’s outstanding achievement reflects her tions Board, the Senate Cost Control Commis- On September 2, 2010, Ms. Young experi- hard work and dedication. Ann has exhibited sion, and the Bureau of Repair Services. Don enced an angst that the family members of unique and creative examples of service that has also been an active member with the St. our brave uniformed men and women dread to have made a difference in her community. I Agnes Medical Center Foundation Board, the bear. She received the call that her high am confident that she will continue to hold Central California Women’s Conference, the school sweetheart, Lance Corporal Joshua T. herself to the highest standards in the future. Fresno Redevelopment Agency Board, and Twigg, had lost his life while conducting com- This is an accomplishment for which Ann can Rotary Club of Fresno. bat operations in Helmand Province, Afghani- take pride in for the rest of her life. Don was a confidant and ‘‘very, very close stan. Mr. Speaker, I proudly ask you to join me in friend,’’ according to the late California State While Chrissy suffered a great loss, she did commending Ann Campbell for her accom- Senator Kenneth L. Maddy. Senator Maddy not recluse herself from the world. Instead, plishments with the Girl Scouts of the USA credited his own success during his 1978 po- she decided to organize a care package drive and for her efforts put forth in achieving the litical campaign to Don Jackson, describing to deliver essentials to her fallen hero’s unit, highest distinction of the Gold Award. Don as a ‘‘key strategist.’’ After Senator the Marine’s 2nd Battalion, 9th Marine Regi- f Maddy passed away, Don was instrumental in ment. By leveraging resources from area establishing the Maddy Institute at Fresno churches, schools, businesses, and individ- THANK YOU FOR THE TIME YOU State. Under Don’s leadership, the Maddy In- uals, she was able to send almost 300 care GAVE stitute created scholarships for over 150 Fed- packages to the Marine unit on Veterans Day eral and State legislative interns, in addition to 2010. It is efforts like these that convey to our HON. JOHN SULLIVAN raising over $1 million for grants, events, and service members that there are Americans OF OKLAHOMA programs. During Don’s tenure, the institute who care about you, who miss you, and who IN THE HOUSE OF REPRESENTATIVES has also successfully established an outreach are thankful for the job that you are doing to program through radio, television, the Internet, protect our freedoms and to keep our Nation Thursday, March 10, 2011 and its public affairs seminar series. The safe. Mr. SULLIVAN. Mr. Speaker, I rise today to Costa Scholars Internship in Washington, DC This past February, Chrissy had to bear the submit for the RECORD a poem written by is a program Don helped me bring to fruition. brunt of Lance Corporal Twigg’s unit returning Kaprise Anuu, a 5th grader from Tulsa, Okla- Since 2005, we have created an opportunity home without him or the fourteen other Ma- homa, that was written for her Veteran’s Day for students from Fresno State to spend an rines who lost their lives in Afghanistan. While celebration at Wesley V. Jarman Elementary entire semester interning in San Joaquin Val- he did not return with his unit that day, Chrissy School. It is entitled, ‘‘Thank You For The ley congressional offices. could stand proud knowing that he had served Time You Gave.’’ Having worked closely with Don Jackson his country bravely and that her act of kind- Thank you for the time you gave and the Maddy Institute during my years in the ness had deeply touched this Marine unit. I wish I were just that . . . very brave California State Senate and now as a Member In referring to the dedication someone must You fought for all the country of Congress, I know firsthand of Don’s out- possess to serve in the military, Chrissy wrote, You even fought for liberty standing abilities. The dedicated effort he has

VerDate Mar 15 2010 05:27 Mar 11, 2011 Jkt 099060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A10MR8.015 E10MRPT1 sroberts on DSK2BSOYB1PROD with REMARKS E454 CONGRESSIONAL RECORD — Extensions of Remarks March 10, 2011

put forth in preserving the legacy of late plishments with the Girl Scouts of the USA as our very own Mr. HONDA of California can former Senator Kenneth L. Maddy is truly re- and for her efforts put forth in achieving the speak first-hand as to what he endured at an markable. highest distinction of the Gold Award. internment camp in Colorado. Mr. Speaker, I ask you to join me in thank- f More recently, Mr. Speaker, civil rights ing Don Jackson for his tremendous contribu- HONORING THE MISSISSIPPI ARMY groups in the 1960’s were subject to espio- tions and outstanding service to the Maddy In- nage and charges of subversion. stitute and Fresno State. NATIONAL GUARD 287TH FROM LUCEDALE, MISSISSIPPI Examples such as this go to show us that f time and time again this government has seen CENTENNIAL OF THE THEODORE HON. STEVEN M. PALAZZO fit to exclude its own citizens and treat them ROOSEVELT DAM as an internal threat. All of this, Mr. Speaker, OF MISSISSIPPI without foundation. IN THE HOUSE OF REPRESENTATIVES This nation, Mr. Speaker, has always been HON. BENJAMIN QUAYLE Thursday, March 10, 2011 OF ARIZONA a rich, diverse landscape of different IN THE HOUSE OF REPRESENTATIVES Mr. PALAZZO. Mr. Speaker, I rise today to ethnicities, religions, and cultures. So much so recognize the hard work and determination of that our founding fathers saw fit to include on Thursday, March 10, 2011 a group of my fellow soldiers who have re- our Great Seal the phrase ‘‘E pluribus unum’’, Mr. QUAYLE. Mr. Speaker, next week we cently returned home to Mississippi after a out of many, one. One. One people, one will celebrate the centennial of the Theodore long deployment in Afghanistan. country, one identity. To single out a subgroup Roosevelt Dam; I rise today to recognize the Over 100 troops from the Mississippi Army out of the greater American identity is blatantly important role this structure has played in Ari- National Guard 287th from Lucedale, MS have un-American. Our recent history has far too zona’s history. just finished a yearlong deployment in Paktia many examples of domestic terrorist that did Drought and floods often plagued the first Province. These brave soldiers have been not stem from the Muslim community. Names settlers of our area. In 1902 the National Rec- providing route clearance, removing impro- such as Timothy McVeigh, Terry Nichols, Ted lamation Act was signed into law paving the vised explosive devices and roadside bombs Kaczynski, Eric Rudolph, The Weather Under- way for a unique public-private partnership allowing their fellow troops serving our Nation ground, and the KKK have, unfortunately, be- that formed the Salt River Valley Water Users safe passage. come all too familiar in our national dialogue. Association and later the Salt River Project The 287th faced danger and uncertainty All of these, whether an individual or a (SRP). Soon after the Act was signed, resi- every day. I am truly honored to represent group, was responsible for reprehensible acts dents in the area pledged their land to the these brave Americans in the U.S. House of of terrorism on their fellow Americans. None of Federal Government in order to build the Roo- Representatives. these has been found to have any connection sevelt Dam on the Salt River. Having served in the military, I believe that to the Muslim community—a community that Completed in 1911, just one year before Ari- all of our soldiers deserve the utmost respect has been helpful to law enforcement in catch- zona gained statehood, the Roosevelt Dam from all of those they protect. I ask that my ing suspected terrorists, such as the Times helped our area flourish, first as a farming colleagues here in Washington and the Amer- Square bomber. community and then as a growing population ican people take a moment to thank these center. As the Valley landscape changed, selfless men and women and continue to keep In closing, Mr. Speaker, I would like to re- SRP also adapted to the changing needs of all of the brave men and women serving our mind my colleagues and our constituents of the community by delivering water to both city Nation in their thoughts and prayers. the words of Deputy National Security Advisor, Denis McDonough. Mr. McDonough, this past treatment plants and farms. f The history and growth of our area all Sunday, reminded Americans that ‘‘In the began 100 years ago with the dedication of THE EXTENT OF RADICALIZATION United States of America, we don’t practice the Roosevelt Dam—it helped transform the IN THE AMERICAN MUSLIM COM- guilt by association. And let’s remember that Valley into one of the largest metropolitan re- MUNITY AND THAT COMMU- just as violence and extremism are not unique gions in the country. Roosevelt Dam services NITY’S RESPONSE to any one faith, the responsibility to oppose an area covering more than 375 square miles ignorance and violence rests with us all.’’ and a 13,000 square mile watershed. I wish to HON. BOBBY L. RUSH f honor this structure for the important role it OF ILLINOIS plays in meeting Arizona’s water and power IN THE HOUSE OF REPRESENTATIVES HONORING MELISSA ANDERSON needs, both in the past and into the next cen- Thursday, March 10, 2011 tury. f Mr. RUSH. Mr. Speaker, I rise today to ex- press my opposition to a hearing being held HON. SAM GRAVES HONORING KATRINA LAFFOON by our colleagues on the Homeland Security OF MISSOURI Committee. For those who may not be aware, IN THE HOUSE OF REPRESENTATIVES HON. SAM GRAVES the House Committee on Homeland Security Thursday, March 10, 2011 OF MISSOURI is currently holding a hearing titled ‘‘The Ex- tent of Radicalization in the American Muslim IN THE HOUSE OF REPRESENTATIVES Mr. GRAVES of Missouri. Mr. Speaker, I Community and that Community’s Response.’’ proudly pause to recognize Melissa Anderson. Thursday, March 10, 2011 I applaud my colleagues’ diligence in ensur- Melissa is a very special young woman who Mr. GRAVES of Missouri. Mr. Speaker, I ing that our Nation is safe. However, I am has exemplified the finest qualities of citizen- proudly pause to recognize Katrina Laffoon. saddened to see that Members of this body ship and leadership by taking an active part in Katrina is a very special young woman who feel the only way to do this is by singling out the Girl Scouts of the USA and earning the has exemplified the finest qualities of citizen- their fellow citizens, most of whom have done high honor of the Gold Award. ship and leadership by taking an active part in nothing wrong. the Girl Scouts of the USA and earning the Mr. Speaker, I was especially saddened to Melissa’s outstanding achievement reflects high honor of the Gold Award. read a quote from the gentleman from New her hard work and dedication. Melissa has ex- Katrina’s outstanding achievement reflects York, Mr. KING, who is quoted in the New York hibited unique and creative examples of serv- her hard work and dedication. Katrina has ex- Times as stating, ‘‘The threat is coming from ice that have made a difference in her com- hibited unique and creative examples of serv- the Muslim community.’’ This is a prime exam- munity. I am confident that she will continue to ice that have made a difference in her com- ple of history repeating itself. I would like to hold herself to the highest standards in the fu- munity. I am confident that she will continue to remind my colleagues of the abysmal treat- ture. This is an accomplishment for which Me- hold herself to the highest standards in the fu- ment our nation subjected Japanese-Ameri- lissa can take pride in for the rest of her life. ture. This is an accomplishment for which cans to during World War II. I encourage Mr. Speaker, I proudly ask you to join me in Katrina can take pride in for the rest of her those who are not familiar with this disdainful commending Melissa Anderson for her accom- life. period in our history to speak to those who plishments with the Girl Scouts of the USA Mr. Speaker, I proudly ask you to join me in had to live through that degradation and hu- and for her efforts put forth in achieving the commending Katrina Laffoon for her accom- miliation. In fact, they would not have to go far highest distinction of the Gold Award.

VerDate Mar 15 2010 05:27 Mar 11, 2011 Jkt 099060 PO 00000 Frm 00008 Fmt 0626 Sfmt 0634 E:\CR\FM\A10MR8.019 E10MRPT1 sroberts on DSK2BSOYB1PROD with REMARKS March 10, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E455 THE DEPLOYMENT OF THE OKLA- Whereas, this highly effective civil servant made her an automatic member of the 168- HOMA NATIONAL GUARD’S 45TH utilized his skills to aid in the growth and de- member Republican National Committee. INFANTRY BRIGADE COMBAT velopment of DeKalb County since 1999; and Preceding her legislative service, Kay was a TEAM, THE OKLAHOMA STA- Whereas, he gave of himself, his time, his valued member of the Monroe City Council. In BILIZATION TRANSITIONS TEAM talent and his life as he served his family, his this capacity, she served as council chairman AND THE 146TH AIR SUPPORT friends and his community; and and as a member of the Street Improvement OPERATION SQUADRON Whereas, Mr. Kevin Hunter was a son, a fa- Committee. ther, a friend and a man of great integrity who Among her lengthy civic accomplishments, HON. JOHN SULLIVAN remained true to the uplifting of our commu- Kay is active with Rotary International, Amer- OF OKLAHOMA nity; and ican Heart Association, Ouachita Parish Recy- IN THE HOUSE OF REPRESENTATIVES Whereas, the U.S. Representative of the cling Commission, Monroe Tree Board, Fort Thursday, March 10, 2011 fourth district of Georgia has set aside this day Miro chapter of the Daughters of the American to bestow a special recognition on Mr. Kevin Revolution, Monroe Airport Advisory Com- Mr. SULLIVAN. Mr. Speaker, I rise today to Hunter for his leadership, friendship and serv- mittee and Monroe Garden Club. commemorate the Oklahoma National Guard’s ice to all of the citizens of Georgia and In addition to her citizenship activities and 45th Infantry Brigade Combat Team (IBCT), throughout the Nation as a citizen of great community organizations, Kay is also a com- the Oklahoma Stabilization Transitions Team worth and so noted distinction; mitted patron of the arts through her involve- and the 146th Air Support Operations Squad- Now Therefore, I, HENRY C. ‘‘HANK’’ JOHN- ment with the Monroe Symphony and sits on ron that are set to deploy to Afghanistan in SON, JR. do hereby attest to the 112th Con- the boards of both the Northeast Louisiana support of the Global War on Terror. gress of the United States that Mr. Kevin Arts Council and the Louisiana State Arts A farewell ceremony honoring more than Council. She served as vice president of the 3,200 deploying members of the 45th IBCT, Hunter of Ellenwood, DeKalb County, Georgia the Oklahoma Stabilization Transitions Team is deemed worthy and deserving of this ‘‘Con- Monroe Little Theatre, and in 2000, the Lou- and the 146th Air Support Operation Squadron gressional Recognition’’ by declaring isiana Museum Association selected her as was held at the Oklahoma City Arena and Cox Mr. Kevin Hunter ‘‘Legislator of the Year.’’ She is also associ- Convention Center in Oklahoma City, Okla- U.S. Citizen of Distinction ated with the Masur Museum, University of homa. Families and friends throughout the in the 4th Congressional District. Louisiana-Monroe (ULM) Art Department, ULM state had the opportunity to celebrate the pa- Proclaimed, this 10th day of March, 2011. Foundation for the Performing Arts, Children’s triotism and courage of Oklahoma’s citizen f Museum, Twin City Ballet and Masterworks Chorus. soldiers and airmen. This will be the largest HONORING MAZIE EARLY single deployment since the Korean War, an Kay is a homegrown hero having graduated important event in the history of the Oklahoma from Neville High School in Monroe. She went National Guard. HON. SAM GRAVES on to obtain her college degree from Mis- The 45th IBCT recently began training at OF MISSOURI sissippi State University. Camp Gruber Maneuver Training Center and IN THE HOUSE OF REPRESENTATIVES Her dedication to community and career is then they will move to the mobilization station Thursday, March 10, 2011 exceeded only by her devotion to her loving at Fort Bliss, Texas. The brigade is under- family. Kay and her late husband Ben Katz going intense mission specific training that will Mr. GRAVES of Missouri. Mr. Speaker, I are the parents of three. Ben, like his wife, prepare them for any mission unique tasks proudly pause to recognize Mazie Early. was a faithful public servant. that they will be required to perform while de- Mazie is a very special young woman who has Mr. Speaker, I ask that you and my other ploying to Afghanistan. exemplified the finest qualities of citizenship distinguished colleagues join me in congratu- I know this is not the first deployment for and leadership by taking an active part in the lating Kay Kellogg Katz on being named the many of these brave men and women and Girl Scouts of the USA and earning the high Monroe Rotary’s Woman of the Year. Her their families back home. Their collective sac- honor of the Gold Award. commitment, compassion and leadership war- rifice for our nation’s security is symbolic of Mazie’s outstanding achievement reflects rant this laudable recognition. the pride Oklahoma has for our citizen soldiers her hard work and dedication. Mazie has ex- f and airmen serving in times of war and con- hibited unique and creative examples of serv- flict. ice that have made a difference in her com- HONORING THE LATE JUDGE DOUG I am confident these soldiers and airmen munity. I am confident that she will continue to LUNA are ready to answer the call in the defense of hold herself to the highest standards in the fu- our nation. With this deployment, they are car- ture. This is an accomplishment for which HON. JIM McDERMOTT rying forward the proud history of this brigade. Mazie can take pride in for the rest of her life. OF WASHINGTON It is an honor to represent many of these Mr. Speaker, I proudly ask you to join me in IN THE HOUSE OF REPRESENTATIVES brave citizen soldiers in Congress, and I look commending Mazie Early for her accomplish- Thursday, March 10, 2011 forward to supporting their critically important ments with the Girl Scouts of the USA and for missions to the fullest extent possible. My her efforts put forth in achieving the highest Mr. MCDERMOTT. Mr. Speaker, today I rise prayers go out to the soldiers and their fami- distinction of the Gold Award. to pay special tribute to my friend, the late lies during this deployment. They have my full f Judge Douglas Luna. Judge Luna was born in support and I pray for not only successful mis- 1944 in Seattle, Washington, where he grew sions but their safe return home to their fami- CONGRATULATING KAY KATZ up in the Central District. lies. Doug Luna served honorably with the f HON. RODNEY ALEXANDER United States Air Force during the Vietnam War, assigned to Da Nang until the late HONORING KEVIN HUNTER OF LOUISIANA IN THE HOUSE OF REPRESENTATIVES 1960s. After returning from his distinguished military service, he completed law school and HON. HENRY C. ‘‘HANK’’ JOHNSON, JR. Thursday, March 10, 2011 served as the Deputy Corporate Administrator OF GEORGIA Mr. ALEXANDER. Mr. Speaker, it is with for The Boeing Company’s Small and Minority IN THE HOUSE OF REPRESENTATIVES great respect and admiration that I stand be- Business Program. Doug loved the law; he be- Thursday, March 10, 2011 fore you today to congratulate Kay Kellogg came an administrative law judge for the Mr. JOHNSON of Georgia. Mr. Speaker, I Katz who is being recognized as the Monroe Washington State Department of Employment submit the following. Rotary Club’s Woman of the Year. She is truly Security, and also served as a review judge Whereas, we are saddened by the untimely deserving of this honor for her exemplary for the Department of Social and Health Serv- death of Mr. Kevin Hunter because our lives service and dedication to Northeast Louisiana. ices. have been touched by the life of this one man A woman who embodies the spirit of public Among Doug Luna’s many lasting achieve- . . . who gave of himself in order for the bet- service, Kay’s legislative career spans a dec- ments is the judicial structure he helped to terment of our beloved DeKalb County; and ade, and she presently serves as a member of create for Alaska’s Tlingit-Haida Tribe. The Whereas, Mr. Kevin Hunter’s work is the Louisiana House of Representatives. In Tribe was part of his heritage, and he was present in DeKalb County, Georgia for all to addition, she is the immediate past Louisiana proud to serve as an elected judge on the see, being one of DeKalb’s favorite sons; and Republican national committeewoman, which Tribal Court for nearly twenty years. Judge

VerDate Mar 15 2010 05:27 Mar 11, 2011 Jkt 099060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A10MR8.023 E10MRPT1 sroberts on DSK2BSOYB1PROD with REMARKS E456 CONGRESSIONAL RECORD — Extensions of Remarks March 10, 2011 Luna later served on the Washington State Mi- ning shot as the buzzer sounded. The blue- PERSONAL EXPLANATION nority and Justice Commission, an agency clad Rialto fans celebrated in an uproar as the charged with determining if racial or ethnic players on the floor rushed into a dog-pile. HON. TOM MARINO bias exists in the courts of the State of Wash- The Lady Knights secured the championship OF PENNSYLVANIA ington. He was a Eucharistic minister at Im- in their first section final appearance. IN THE HOUSE OF REPRESENTATIVES maculate Conception Church and also was ac- I would like to extend my heart-felt con- Thursday, March 10, 2011 tive with Saint Matthew’s Church. gratulations to Head Coach Michael Anderson Throughout his life, Doug Luna was deeply and his coaching team, Bryant Young, Mr. MARINO. Mr. Speaker, on March 9, I involved in the Native American and Asian Toneisha Knox, Erika Matkins and Juanita was unexpectedly detained and missed rollcall communities—in addition to his Tlingit herit- Perez. I would also like to acknowledge the vote No. 166. Had I been present, I would age, Doug also shared Filipino heritage. He families, fans, and teachers in the greater Ri- have voted ‘‘aye.’’ was a founding member of the Asian Amer- alto community for their support. Of course, I f ican Bar Association, and volunteered with the want to congratulate the girls on the Rialto MIKE COLLINS—AT BEST Seattle Indian Center, the InterIm Community High School basketball team: Janae Sharpe, Development Association, the International Bianca Brown, Brittani Walker, Channe Arm- HON. JOHN B. LARSON District Housing Alliance, and the Filipino strong, Summer Ramsey, Summer Webb, OF CONNECTICUT American National Historical Society. Doug Cynthia Mora, Montoya Washington, Ma’ IN THE HOUSE OF REPRESENTATIVES was the volunteer every organization dreams Kaela Buhl, Danae ‘‘Mary’’ Williams, Jasmin of: he was smart, dedicated, absolutely reli- Samano. I wish you all the best of luck in the Thursday, March 10, 2011 able, and a pleasure to be with. Southern California Regional playoffs. Mr. LARSON of Connecticut. Mr. Speaker, Doug Luna championed the poor and the the following entry is a poem that was given underrepresented throughout his life. His ef- f at the Irish Embassy by the Democratic Cau- forts to better his community were limitless, cus’ Poet Laureate the Honorable BILL and he brought to his work a gentle spirit that COMMEMORATING THE LIFE OF PASCRELL. As we approach the ‘‘Day’’, I think touched hundreds of lives. Doug will be long MR. ROBERT C. HOWELL it only fitting to submit Mr. PASCRELL’S work for remembered for his kindness, his generosity, the CONGRESSIONAL RECORD—in which he and his unwavering integrity. He was a proud HON. DAVID SCOTT honors Ambassador Michael Collins and the and loving father to his daughter, Mercedes, Nation of Ireland. OF GEORGIA and I join her and so many others in mourning MIKE COLLINS—AT BEST the loss of this extraordinary friend. It was a IN THE HOUSE OF REPRESENTATIVES (By the Honorable Bill Pascrell, Jr.) privilege to know Doug Luna. Thursday, March 10, 2011 Raising glasses to a white sky, f Pausing . . . to look at twinkling eyes, Mr. DAVID SCOTT of Georgia. Mr. Speaker, In blue skies hemorrhaging avocado TRIBUTE TO THE SUCCESS OF THE it is with a heavy heart that I rise today to dreams of a homeland of Irish monks who RIALTO HIGH SCHOOL GIRLS commemorate the life and service of one of saved Ireland— BASKETBALL TEAM my constituents, Mr. Robert C. Howell. A na- as Cahill wrote, tive Georgian, Mr. Howell passed away at the indeed, saved the world . . . HON. JOE BACA age of 93 on Tuesday March 8th, 2011. He OF CALIFORNIA was an honorable man, devoted to his country Raising glasses many times, with many chimes and voices clear IN THE HOUSE OF REPRESENTATIVES and his community. And monks as advocates of avocadoes Thursday, March 10, 2011 Mr. Howell served our nation in the United And prose to beat for Gaelic friends good Mr. BACA. Mr. Speaker, I rise today to States Army during World War II as an infan- cheer tryman and an engineer. One of his most dan- And honor the Lady Knights, the Rialto High Have no fear . . . School girls basketball team, and congratulate gerous duties was to remove undetonated Long live Ireland them for winning the CIF—Southern Section land mines to protect his fellow soldiers. His Division 2AA title game. dedication to service did not end with his re- f tirement from the armed forces. He continued The Lady Knights came back from behind in HONORING THE LIFE OF CATO to support his fellow servicemen and veterans the final minutes of the championship game to WALKER III beat Ventura Buena 55 to 53 at the buzzer, by actively participating in Veterans of Foreign clinching the first section title in the school’s Wars and his local American Legion post. Each time a veteran would pass in his com- HON. STEVE COHEN history. After a season of hard work and deter- OF TENNESSEE mination, Rialto trailed by three points with just munity, Mr. Howell would attend their funerals IN THE HOUSE OF REPRESENTATIVES over two minutes to go in the game. to honor their service and express his grati- Point guard, Summer Webb, tied the game tude. He himself was honored by the Douglas Thursday, March 10, 2011 with a three-pointer. Following the play, Janae County Board of Commissioners with an en- Mr. COHEN. Mr. Speaker, I rise today to Sharpe stole the ball, passing to Webb for an graved brick in the Pathway of Service Walk- honor the life of Memphian, saxophonist, man- assist that pushed the Lady Knights two points way at the Douglas County Courthouse. ager and promoter Cato Walker III. Mr. Walker ahead. Ventura Buena answered with two free Mr. Robert Howell was devoted to the Lord. has been on the music scene in Memphis for throws, tying the championship game. Sharpe During his lifetime he was a member of the many decades and was a huge proponent in converted another steal to a lay-up but Buena New Georgia Baptist Church, the First Pres- the revitalization of Memphis’s Beale Street. Ventura tied the game again with nineteen byterian Church and the Lithia Springs First He also served as the longtime vice president seconds remaining. Baptist Church. A member of the Baptist faith, of development at Performa Entertainment This game was the Lady Knights first sec- he attended a Men’s Bible Study, served at a Real Estate. tion appearance in the history of the Rialto deacon and taught Sunday School. Cato Walker III was a beloved member of girls’ basketball program and it came down to Mr. Howell was preceded in death by his the Memphis music community. Mr. Walker the last tenth of a second. With seventeen first wife, Henrietta Howell; his second wife, came from a very musically talented and well- seconds remaining on the clock, Coach Mi- Martha McMichen Howell; stepdaughter, June known family, and he and his family have con- chael Anderson designed a play to give Roland; stepson, Tony Pilgrim; and sister-in- tributed so much to the musical community. Sharpe the final shot of the game. Hundreds law, Marie Howell. My deepest sympathies lie His father, Cato Walker, Jr. was B.B. King’s of fans looked on from the stands of the Ana- with the surviving members of this family: his original road manager in the 1950s while his heim Convention Center. Sharpe received the sister and brother-in-law, Virgie and Ervin beloved mother, Polly Walker, confirmed all inbounds pass. Chandler; his brother, Herman Howell; and his show bookings and travel arrangements. Cato Crossing half court with composure, she let stepdaughters, sons-in-law, stepsons, grand- Walker III, continuing his family’s legacy with nine seconds tick off the game clock. Sharpe children, and great-grandchildren. Mr. Speak- B.B. King, became the band leader and road paused again at the three-point line, only three er, my fellow colleagues, I hope you will join manager during the late 1970s. He also later seconds remained. She drove into the lane, me in honoring Mr. Robert C. Howell for his worked with Lou Rawls, The Barkays and J. released a jumper, and scored the game-win- life of service to Georgia and to this country. Blackfoot.

VerDate Mar 15 2010 05:27 Mar 11, 2011 Jkt 099060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\K10MR8.014 E10MRPT1 sroberts on DSK2BSOYB1PROD with REMARKS March 10, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E457 Mr. Walker has influenced future musicians rough and tumble world of Chicago politics. people Richard V. Ogilvie, newly elected through his work by teaching recording at the After graduating from college, David worked President of the Cook County Board, ap- Kansas Vocational Technical Center and as for People’s Gas Light & Coke Company for pointed to his administrative team. Reed, a an adjunct professor at Memphis State Univer- almost two years until his entry into politics in native Chicagoan and former Drake University sity. Through running his own record label, 1966. basketball star, was named an administrative Strick 9, he helped advance the musical ca- While for the better part of his life David assistant in the President’s office. . .The mem- reers of many contemporary Memphis musi- was a Democrat, he first came to prominence bers of the New Breed are mostly young, mili- cians, including Academy Award winning on the national stage as a young, 25-year-old tant Negroes who are college graduates and group Three 6 Mafia. Republican. Like many African-American youth many are Vietnam Veterans.’’ From 1967 to Cato Walker has touched the lives of many in the 1960s, David and a talented group of 1971, David worked as a chief administrative and influenced a great variety of musicians his friends chafed at some of the old guard, aide to Ogilvie during his tenure as President from the 1970s to today. Mr. Walker will be re- ‘‘machine’’ politics of Illinois’ Democratic Party. of the Cook County Board and, later, during membered forever in the heart of not just his In response, David and some of his friends his statewide run for Illinois Governor. family and friends, but also Memphians and formed a political group, the ‘‘New Breed In the 1970s, David returned to the Demo- musicians everywhere. He is survived by his Committee,’’ that represented forward thinking cratic Party and was active, for years, in pro- wife, VanEsta Walker, two sons, Tondtrict African-American youth. Only months after gressive grassroots politics. David went on to Dixon, and Dietrich Dixon, stepson, Ahmed they were formed, their brilliance and boldness play a leading role in helping to elect Chi- Jenkins, stepdaughter, Angela Cunningham, of spirit captured the hearts and minds of a cago’s first African-American Mayor, Harold and sisters, Lora Walker, Thelma Brim and Jo- whole new generation of young African-Amer- Washington, in 1983. After the Mayor’s death anna Brown. His was a life well lived. ican political activists, including me. in 1987, David became chair of the Harold Washington Party where, for years, he worked f In 1966, in what was then a stunning polit- ical move that inspired me and so many other tirelessly to help other African-American can- A TRIBUTE TO DAVID RONALD young people who believed in America’s polit- didates reach their political dreams. REED, SR.: AN AMERICAN ORIGI- ical process, 25-year-old David Reed—who, By the mid-1970s, David left government NAL as a community activist, was admired in Chi- and launched a string of successful entrepre- cago’s black community for his brilliance, his neurial pursuits—it was a level of work and HON. BOBBY L. RUSH organizing skills, his articulate speech, and his success that would span four decades. Most of those businesses were based in Chicago OF ILLINOIS comfort in speaking truth to power—re- and focused on various industries including a IN THE HOUSE OF REPRESENTATIVES sponded to a call from, then, candidate for the U.S. Senate, Charles Percy, to switch from the restaurant (Seafood Safari), a skating rink Thursday, March 10, 2011 Democratic Party to the Republican Party! It (Rolla World), a security agency (Best Secu- Mr. RUSH. Mr. Speaker, I rise today with a was a strategically inspired move aimed at de- rity) and other business interests in real estate heavy heart to acknowledge the loss of a gift- feating the intransigent political forces of the and construction. Over the years, David’s con- ed man who loved his country, his family, and long-time incumbent Congressman William L. sulting practice grew and he served several his fellow man and who, throughout his life, Dawson and other factions of the Democratic leading clients and companies throughout moved seamlessly through diverse cultural machine. Shortly after David filed as a ‘‘New metro Atlanta, where he spent the latter part and political communities all with a focus on Breed’’ Democratic challenger to Dawson, of his life. With all that David meant to Chicago, the making our country a better place to live. I’m Percy’s senate campaign reached out to David state of Illinois, our nation, and especially my speaking of my dear friend and former political and his supporters. Illinois’ statewide Repub- wife, Carolyn, and I, he was so much more. colleague, David Ronald Reed, Sr., whose life lican Party recognized David’s passion and He and his adoring wife, Judith, were life-long on Earth ended on March 4, 2011. David’s the opportunity to help elevate a younger gen- friends and adoring life partners. David and legacy, however, lives on through his dear eration of African-Americans while also boost- wife, Judith Reed, and the family and friends his wife, who was his high school sweetheart, ing Republican Party fortunes—in Illinois and led a life of passion, joy, service, and style he leaves behind throughout our nation. David across the nation. Percy and leaders of his that set an example for our nation. Over the spent the early part of his life in Chicago and political organization appealed to David and years that I got to know him in Chicago, David the political footprint he left in our city and his forces and told him he’d have a better op- remained a very dear friend. The two of us, state still resonates in the lives of thousands portunity to unseat Dawson if he joined the and our wives, shared many joyous moments, of grateful Chicagoans and others, throughout Republican ticket. David and his supporters and a few sorrows, along the path of life we our state, whose lives he touched during an agreed and they folded the ‘‘New Breed Com- walked together. I can truly say that the love important time in the rise of African-Americans mittee’’ into the Republican Party’s political ap- and devotion David and Judy shared is a clas- and other progressive communities in the paratus. And the result was electric! sic American love story that, in and of itself, is State of Illinois. While David’s candidacy ultimately fell short, worthy of acclaim. I first got to know David by observing his David was part of a broader trend among Afri- David was a tremendous inspiration to me, friendship with my brother, Fred. Aside from can-American voters, in 1966, that led to not only because of his brilliance and political their friendship and their competitive spirits, I some of the largest gains by the national Re- skills but because of the way he carried him- watched this brilliant man look at problems publican Party among black voters in a gen- self. He was comfortable speaking truth to and see opportunities. David’s quick mind and eration. Not only did Percy win his first cam- power but he did it with dignity, class, and in determination to succeed led him to step way paign for the U.S. Senate that year, but 1966 a way that made me, and generations of Afri- beyond the cultural and political boundaries was the year the U.S. Senate gained its first can-American men and women like me, so that, in the 1960s, so often defined the life ex- African-American Senator in a generation. Ed- very, very proud. perience of middle-class African-Americans. ward Brooke, from Massachusetts, became In addition to his wife, Judy, David’s legacy David was born in Chicago, Illinois, on Feb- the first African-American to be elected to the endures through their two children, Karren ruary 20, 1941. He was educated in the Chi- Senate since reconstruction. Although David Grant who lives in Atlanta, Georgia, and David cago Public Schools where he attended Wil- lost his election contest, Percy and others in Reed, Jr., who currently resides in Denver, lard Elementary School and DuSable High Illinois’ Republican Party recognized his talent. Colorado. School. While a student at DuSable, David Only weeks after the election, David became Mr. Speaker, on behalf of a grateful city, honed his skills as an accomplished basketball one of the first, top leadership appointments state and nation, it is my privilege to enter into player. Upon graduation from DuSable in by the Republican President of the Cook our nation’s permanent record the inspired life 1959, his skills on the basketball court allowed County Board, Richard V. Ogilvie. story of my friend, David Ronald Reed, Sr., a him to gain a full basketball scholarship to David’s leadership exploits brought national man whose contributions to our nation are Drake University in Des Moines, Iowa. While pride and acclaim to millions of African-Ameri- worthy of recognition. May his soul rest in at Drake, David became a member of Kappa cans and others of goodwill throughout our na- peace. And, as I close, I want Judy and his Alpha Psi Fraternity, Inc. He graduated from tion. His accomplishments were profiled in the children to know that they will always have the Drake University in 1964 with a Bachelors of December 22, 1966 edition of Jet magazine love and support of Carolyn and me as well as Science degree in Political Science. who described him this way, ‘‘David R. Reed, a large and loving extended family in Chicago, David returned to Chicago where all that he 25, the ‘‘New Breed’’ Republican who chal- and the State of Illinois, whose lives they so had learned—in the classroom and on the lenged Congressman William L. Dawson on magnificently touched. May God bless all of basketball courts—would serve him well in the Chicago’s South Side was one of the first five you.

VerDate Mar 15 2010 05:27 Mar 11, 2011 Jkt 099060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\K10MR8.019 E10MRPT1 sroberts on DSK2BSOYB1PROD with REMARKS Thursday, March 10, 2011 Daily Digest Senate Christopher B. Howard, of Virginia, to be a Mem- Chamber Action ber of the National Security Education Board for a Routine Proceedings, pages S1546–S1572 term of four years. Measures Introduced: Twenty-seven bills and three Ben S. Bernanke, of New Jersey, to be United resolutions were introduced, as follows: S. 538–564, States Alternate Governor of the International Mone- and S. Res. 98–100. Page S1546–47 tary Fund for a term of five years. Dereth Britt Glance, of New York, to be a Com- Measures Considered: missioner on the part of the United States on the SBIR/STTR Reauthorization Act—Cloture: Sen- International Joint Commission, United States and ate began consideration of the motion to proceed to Canada. consideration of S. 493, to reauthorize and improve Richard M. Moy, of Montana, to be a Commis- the SBIR and STTR programs. Page S1543 sioner on the part of the United States on the Inter- A motion was entered to close further debate on national Joint Commission, United States and Can- the motion to proceed to consideration of the bill, ada. and, in accordance with the provisions of Rule XXII Daniel Benjamin Shapiro, of Illinois, to be Am- of the Standing Rules of the Senate, and pursuant to bassador to Israel. the unanimous-consent agreement of Thursday, A routine list in the National Oceanic and At- March 10, 2011, a vote on cloture will occur imme- mospheric Administration. Page S1572 diately following the Senate’s action in Executive Messages from the House: Page S1546 Session on Monday, March 14, 2011. Page S1543 Subsequently, the motion to proceed was with- Executive Communications: Page S1546 drawn. Page S1543 Executive Reports of Committees: Page S1546 Boasberg Nomination—Agreement: A unani- Additional Cosponsors: Pages S1547–48 mous-consent-time agreement was reached providing Statements on Introduced Bills/Resolutions: that at 4:30 p.m., on Monday, March 14, 2011, Sen- Pages S1548–67 ate begin consideration of the nomination of James Emanuel Boasberg, of the District of Columbia, to Additional Statements: Pages S1545–46 be United States District Judge for the District of Authorities for Committees to Meet: Columbia, and that there be one hour for debate, Pages S1567–68 equally divided in the usual form; that upon the use Record Votes: One record vote was taken today. or yielding back of time, Senate vote on confirma- (Total—38) Pages S1540–41 tion of the nomination, without intervening action or debate. Page S1568 Adjournment: Senate convened at 10 a.m. and ad- journed at 5:35 p.m., until 2 p.m. on Monday, Nominations Confirmed: Senate confirmed the fol- March 14, 2011. (For Senate’s program, see the re- lowing nominations: marks of the Majority Leader in today’s Record on By a unanimous vote of 96 yeas (Vote No. EX. page S1568.) 38), Max Oliver Cogburn, Jr., of North Carolina, to be United States District Judge for the Western Dis- trict of North Carolina. Pages S1537–41, S1572 Committee Meetings Timothy J. Feighery, of New York, to be Chair- man of the Foreign Claims Settlement Commission (Committees not listed did not meet) of the United States for a term expiring September APPROPRIATIONS: DEPARTMENT OF 30, 2012. Pages S1568, S1572 TRANSPORTATION Nominations Received: Senate received the fol- Committee on Appropriations: Subcommittee on Trans- lowing nominations: portation, Housing and Urban Development, and D219

VerDate Mar 15 2010 05:32 Mar 11, 2011 Jkt 099060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D10MR1.REC D10MRPT1 sroberts on DSK2BSOYB1PROD with DIGEST D220 CONGRESSIONAL RECORD — DAILY DIGEST March 10, 2011 Related Agencies concluded a hearing to examine NOMINATIONS proposed budget estimates for fiscal year 2012 for Committee on Commerce, Science, and Transportation: the Department of Transportation, after receiving Committee concluded a hearing to examine the testimony from Ray LaHood, Secretary of Transpor- nominations of Philip E. Coyle III, of California, to tation. be an Associate Director of the Office of Science and APPROPRIATIONS: DEPARTMENT OF Technology Policy, Executive Office of the President, JUSTICE Kathryn D. Sullivan, of Ohio, to be Assistant Sec- retary of Commerce, who was introduced by Senator Committee on Appropriations: Subcommittee on Com- Portman, Frances M.D. Gulland, of California, to be merce, Justice, Science, and Related Agencies con- a Member of the Marine Mammal Commission, and cluded a hearing to examine proposed budget esti- mates for fiscal year 2012 for the Department of Jus- Ann D. Begeman, of Virginia, to be a Member of tice, after receiving testimony from Eric H. Holder the Surface Transportation Board, Department of Jr., Attorney General of the United States, Depart- Transportation, after the nominees testified and an- ment of Justice. swered questions in their own behalf. APPROPRIATIONS: DEPARTMENT OF ENERGY POLICY AND CONSERVATION AGRICULTURE BILLS Committee on Appropriations: Subcommittee on Agri- Committee on Energy and Natural Resources: Committee culture, Rural Development, Food and Drug Admin- concluded a hearing to examine S. 398, to amend istration, and Related Agencies concluded a hearing the Energy Policy and Conservation Act to improve to examine proposed budget estimates for fiscal year energy efficiency of certain appliances and equip- 2012 for the Department of Agriculture, after receiv- ment, and S. 395, to repeal certain amendments to ing testimony from Tom Vilsack, Secretary of Agri- the Energy Policy and Conservation Act with respect culture. to lighting energy efficiency, after receiving testi- mony from Kathleen Hogan, Deputy Assistant Sec- U.S. NATIONAL SECURITY retary for Energy Efficiency, Office of Energy Effi- Committee on Armed Services: Committee concluded ciency and Renewable Energy, Department of En- open and closed hearings to examine the current and ergy; Steven Nadel, American Council for an En- future worldwide threats to the national security of ergy-Efficient Economy (ACEEE), Joseph McGuire, the United States, after receiving testimony from Association of Home Appliance Manufacturers, Ste- James R. Clapper, Jr., Director of National Intel- ven Yurek, The Air-Conditioning, Heating, and Re- ligence; Andrew M. Gibb, National Intelligence Of- frigeration Institute, Kyle Pistor, National Electrical ficer for Weapons of Mass Destruction; and Lieuten- Manufacturers Association (NEMA), and Mark Coo- ant General Ronald L. Burgess, Jr., USA, Director, per, Consumer Federation of America (CFA), all of Defense Intelligence Agency, Department of Defense. Washington, D.C.; and Howard M. Brandston, Hollowville, New York. U.S. SECURITIES AND EXCHANGE COMMISSION BUDGET CHILD WELFARE WAIVERS Committee on Banking, Housing, and Urban Affairs: Subcommittee on Securities, Insurance and Invest- Committee on Finance: Committee concluded a hearing ment concluded a hearing to examine the President’s to examine innovations in child welfare waivers, fo- proposed budget request for fiscal year 2012 for the cusing on a pathway to reform, after receiving testi- Securities and Exchange Commission, after receiving mony from Crystal Ward Allen, Public Children testimony from Mary Schapiro, Chairman, United Services Association of Ohio, Columbus; William C. States Securities and Exchange Commission. Bell, Casey Family Programs, Seattle, Washington; Isha McNeely, Portland, Oregon; and Joscelynn DEFENSE AND INTERNATIONAL AFFAIRS Murdock, Santa Barbara, California. BUDGET Committee on the Budget: Committee concluded a hear- NOMINATION ing to examine the President’s proposed budget re- Committee on Homeland Security and Governmental Af- quest for fiscal year 2012 for defense and inter- fairs: Committee concluded a hearing to examine the national affairs, after receiving testimony from Wil- nomination of Carolyn N. Lerner, of Maryland, to be liam J. Lynn III, Deputy Secretary of Defense; and Special Counsel, Office of Special Counsel, after the Thomas R. Nides, Deputy Secretary of State for nominee testified and answered questions in her own Management and Resources. behalf.

VerDate Mar 15 2010 05:32 Mar 11, 2011 Jkt 099060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D10MR1.REC D10MRPT1 sroberts on DSK2BSOYB1PROD with DIGEST March 10, 2011 CONGRESSIONAL RECORD — DAILY DIGEST D221

INFORMATION SHARING IN THE ERA OF leges and Schools Higher Learning Commission, Chi- WIKILEAKS cago, Illinois; and Jose Cruz, Education Trust, Committee on Homeland Security and Governmental Af- Washington, D.C. fairs: Committee concluded a hearing to examine in- BUSINESS MEETING formation sharing in the era of WikiLeaks, focusing on balancing security and collaboration, after receiv- Committee on the Judiciary: Committee ordered favor- ing testimony from Patrick Kennedy, Under Sec- ably reported the following business items: retary of State for Management; Teresa Takai, Chief S. 193, to extend the sunset of certain provisions Information Officer, and Acting Assistant Secretary of the USA PATRIOT Act, with amendments; and for Networks and Information Integration, and The nominations of Caitlin Joan Halligan, of New Thomas Ferguson, Principal Deputy Under Secretary York, to be United States Circuit Judge for the Dis- for Intelligence, both of the Department of Defense; trict of Columbia Circuit, Jimmie V. Reyna, of and Corin R. Stone, Intelligence Community Infor- Maryland, to be United States Circuit Judge for the mation Sharing Executive, and Kshemendra Paul, Federal Circuit, John A. Kronstadt, to be United Program Manager, Information Sharing Environ- States District Judge for the Central District of Cali- ment, both of the Office of the Director of National fornia, Vincent L. Briccetti, to be United States Dis- Intelligence. trict Judge for the Southern District of New York, Arenda L. Wright Allen, to be United States Dis- BRIDGEPOINT EDUCATION, INC. trict Judge for the Eastern District of Virginia, and Committee on Health, Education, Labor, and Pensions: Michael Francis Urbanski, to be United States Dis- Committee concluded a hearing to examine trict Judge for the Western District of Virginia. Bridgepoint Education, Inc., focusing on a case study in for-profit education and oversight, after receiving INTELLIGENCE testimony from Kathleen S. Tighe, Inspector Gen- Select Committee on Intelligence: Committee held closed eral, Department of Education; Arlie Thoreson hearings on intelligence matters, receiving testimony Willems, Practitioner Preparation, Anamosa, Iowa; from officials of the intelligence community. Sylvia Manning, North Central Association of Col- Committee recessed subject to the call. h House of Representatives Chaplain: The prayer was offered by the guest chap- Chamber Action lain, Reverend Raymond Bowman, Spruce Street Public Bills and Resolutions Introduced: 39 pub- Baptist Church, Nashville, Tennessee. Page H1675 lic bills, H.R. 992–1030; and 5 resolutions, H. Res. FHA Refinance Program Termination Act: The 160–164, were introduced. Pages H1722–25 House passed H.R. 830, to rescind the unobligated Additional Cosponsors: Pages H1726–27 funding for the FHA Refinance Program and to ter- Reports Filed: A report was filed today as follows: minate the program, by a recorded vote of 256 ayes H.R. 658, to amend title 49, United States Code, to 171 noes, Roll No. 171. Pages H1678–H1704 to authorize appropriations for the Federal Aviation Rejected the Deutch motion to recommit the bill Administration for fiscal years 2011 through 2014, to the Committee on Financial Services with instruc- to streamline programs, create efficiencies, reduce tions to report the same back to the House forthwith waste, and improve aviation safety and capacity, and with amendments, by a recorded vote of 185 ayes to to provide stable funding for the national aviation 243 noes, Roll No. 170. Pages H1702–04 system, with an amendment (H. Rept. 112–29). Pursuant to the rule, the amendment in the na- Page H1722 ture of a substitute recommended by the Committee on Financial Services now printed in the bill shall be Speaker: Read a letter from the Speaker wherein he considered as an original bill for the purpose of appointed Representative Latta to act as Speaker pro amendment under the five-minute rule. Page H1686 tempore for today. Page H1669 Recess: The House recessed at 10:51 a.m. and re- convened at 12 noon. Page H1675

VerDate Mar 15 2010 05:32 Mar 11, 2011 Jkt 099060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D10MR1.REC D10MRPT1 sroberts on DSK2BSOYB1PROD with DIGEST D222 CONGRESSIONAL RECORD — DAILY DIGEST March 10, 2011 Agreed to: sought to insert a complete new text detailing use Fitzpatrick amendment (No. 11 printed in the of funding for the FHA Refinancing Program; Congressional Record of March 9, 2011) that re- Pages H1695–96 quires any unexpended balances for the FHA Refi- Inslee amendment (No. 14 printed in the Con- nance Program that are rescinded and canceled under gressional Record of March 9, 2011) that sought to the bill be retained in the general fund of the Treas- add a new section directing the Attorney General to ury for reducing the debt of the Federal Govern- pursue criminal prosecution of those who have failed ment; Page H1690 to comply with State laws relating to foreclosure of Paulsen amendment (No. 4 printed in the Con- mortgages on residential real property; Page H1696 gressional Record of March 9, 2011) that includes Holt amendment (No. 8 printed in the Congres- military servicemembers and veterans who have serv- sional Record of March 9, 2011) that sought to add ice-connected injuries, as well as survivors and de- a new section detailing modifications of real property pendents of such individuals, in a study on use of standard deduction; and Page H1697 the FHA Refinance program; and Pages H1692–93 Garamendi amendment (No. 7 printed in the Waters amendment (No. 6 printed in the Con- Congressional Record of March 9, 2011) that sought gressional Record of March 9, 2011), as modified, to add a new section regarding treatment of bonuses that requires the Secretary of Housing and Urban for financial sector employees. Pages H1697–98 Development to post a statement prominently on the Agreed that the Clerk be authorized to make HUD website stating that the FHA Short Refinance technical and conforming changes to reflect the ac- Program has been terminated and including contact tions of the House. Page H1704 information for borrowers who are uncertain as to H. Res. 150, the rule providing for consideration how to proceed (by a recorded vote of 278 ayes to of the bill, was agreed to yesterday, March 9th. 147 noes, Roll No. 169). Pages H1700, H1701–02 Quorum Calls—Votes: Four recorded votes devel- Rejected: oped during the proceedings of today and appear on Lynch amendment (No. 3 printed in the Congres- pages H1700–01, H1701–02, H1703–04, and sional Record of March 8, 2011) that sought to H1704. There were no quorum calls. strike language in the bill terminating the Mort- Adjournment: The House met at 10 a.m. and ad- gagee Letter 2010–23, which provided guidance for journed at 6:56 p.m. the FHA Refinance Program (by a recorded vote of 184 ayes to 243 noes, Roll No. 168). Pages H1690–92, H1700–01 Committee Meetings Point of Order sustained against: Maloney amendment (No. 9 printed in the Con- EPA REGULATION ON AGRICULTURE gressional Record of March 9, 2011) that sought to add a section which lists the number of underwater Committee on Agriculture: Full Committee held a hear- mortgages in 43 states and the District of Columbia; ing to review the impact of EPA regulation on agri- culture. Testimony was heard from Lisa P. Jackson, Pages H1686–88 Administrator, EPA. Inslee amendment (No. 12 printed in the Con- gressional Record of March 9, 2011) that sought to INTERIOR, ENVIRONMENT modify the bill’s required study by the Department of Housing and Urban Development on the FHA Committee on Appropriations: Subcommittee on Inte- Refinance Program’s use by, and effects on, certain rior, Environment, and Related Agencies held a homeowners to include a study on the need and ap- hearing on Bureau of Land Management FY 2012 propriate guidelines for a replacement mortgage in- Budget Oversight. Testimony was heard from Bob surance program; Page H1693 Abbey, Director, Bureau of Land Management. Waters amendment (No. 5 printed in the Con- gressional Record of March 9, 2011) that sought to AGRICULTURE, RURAL DEVELOPMENT, direct the Department of Housing and Urban Devel- FDA opment, in consultation with the Treasury Depart- Committee on Appropriations: Subcommittee on Agri- ment, to conduct a study on the negative impacts of culture, Rural Development, Food and Drug Admin- underwater mortgage loans on the housing market istration, and Related Agencies held a hearing on and economy of the United States and to report on Department of Agriculture FY 2012 Budget Re- the findings; Pages H1694–95 quest. Testimony was heard from Edward Avalos, Loretta Sanchez amendment (No. 15 printed in Under Secretary for Marketing and Regulatory Pro- the Congressional Record of March 9, 2011) that grams.

VerDate Mar 15 2010 05:32 Mar 11, 2011 Jkt 099060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D10MR1.REC D10MRPT1 sroberts on DSK2BSOYB1PROD with DIGEST March 10, 2011 CONGRESSIONAL RECORD — DAILY DIGEST D223 COMMERCE, JUSTICE, STATE MILITARY CONSTRUCTION, VETERANS Committee on Appropriations: Subcommittee on Com- AFFAIRS merce, Justice, Science, and Related Agencies held a Committee on Appropriations: Subcommittee on Mili- hearing on National Science Foundation (NSF) FY tary Construction, Veterans Affairs, and Related 2012 Budget Request. Testimony was heard from Agencies held a hearing on Navy and Marine Corps Subra Suresh, NSF Director. FY 2012 Budget. Testimony was heard from ADM Gary Roughead, Chief of Naval Operations; and FINANCIAL SERVICES AND GENERAL Gen. James Amos, Commandant of the Marine GOVERNMENT Corps. Committee on Appropriations: Subcommittee on Finan- INTERIOR, ENVIRONMENT cial Services and General Government held a hearing on Executive Office of the President. Testimony was Committee on Appropriations: Subcommittee on Inte- heard from Alyson Laackman, Chief Financial Offi- rior, Environment, and Related Agencies held a cer, Executive Office of the President. hearing on Major Management Challenges at the Forest Service. Testimony was heard from Anu ENERGY AND WATER DEVELOPMENT Mittal, Director, Natural Resources and Environ- ment, GAO; and Phyllis K. Fong, Inspector General, Committee on Appropriations: Subcommittee on Energy Department of Agriculture. and Water Development, and Related Agencies held a hearing on Bureau of Reclamation FY 2012 Budg- HOMELAND SECURITY et. Testimony was heard from Michael Conner, Com- Committee on Appropriations: Subcommittee on Depart- missioner of Reclamation; and Reed Murray, Direc- ment of Homeland Security held a hearing on FY tor of Central Utah Project Compliance Act Office. 2012 Oversight and Budget. Testimony was heard from ADM Robert Papp, Commandant, United LABOR, HEALTH AND HUMAN SERVICES States Coast Guard. Committee on Appropriations: Subcommittee on Labor, Health and Human Services, Education and Related FY 2012 BUDGET REQUEST AND Agencies held a hearing on Department of Edu- READINESS cation: FY 2012 Budget Request. Testimony was Committee on Armed Services: Subcommittee on Readi- heard from Arne Duncan, Secretary of Education. ness held a hearing on global challenges to readiness and the fiscal year 2012 budget request. Testimony TRANSPORTATION, HOUSING AND was heard from LTG Daniel P. Bolger, Deputy Chief URBAN DEVELOPMENT of Staff, USA; LTG Herbert J. Carlisle, Deputy Committee on Appropriations: Subcommittee on Trans- Chief of Staff for Operations, Plans and Require- portation and Housing and Urban Development, and ments, USAF; VADM Bruce W. Clingan, Deputy Related Agencies held a hearing on FY 2012 Budget Chief of Naval Operations for Operations, Plans and Request, Department of Housing and Urban Devel- Strategy; and Gen. Richard T. Tryon, Deputy Com- opment. Testimony was heard from Shaun Donovan, mandant for Plans, Policies, and Operations, USMC. Secretary of Housing and Urban Development. BURDEN OF DEBT STATE, FOREIGN OPERATIONS Committee on the Budget: Full Committee held a hear- ing entitled ‘‘Lifting the Crushing Burden of Debt’’. Committee on Appropriations: Subcommittee on State, Testimony was heard from Douglas Holtz-Eakin, Foreign Operations and Related Agencies held a former Director of the Congressional Budget Office hearing on State Department FY 2012 Budget Re- and public witnesses. quest. Testimony was heard from Hilary Clinton, Secretary of State. EMPLOYER PROVIDED HEALTH CARE Committee on Education and the Workforce: Sub- INTERIOR, ENVIRONMENT committee on Health, Employment, Labor and Pen- Committee on Appropriations: Subcommittee on Inte- sions held a hearing on the Pressures of Rising Costs rior, Environment, and Related Agencies held a on Employer Provided Health Care. Testimony was hearing on Office of Surface Mining FY 2012 Budg- heard from public witnesses. et Oversight. Testimony was heard from the fol- lowing Office of Surface Mining Officials: Joseph G. MISCELLANEOUS MEASURES Pizarchick, Director; Glenda H. Owens, Deputy Di- Committee on Energy and Commerce: Subcommittee on rector; and Ruth E. Stokes, Budget Officer. Energy and Power held a markup on H.R. 910, the

VerDate Mar 15 2010 05:32 Mar 11, 2011 Jkt 099060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D10MR1.REC D10MRPT1 sroberts on DSK2BSOYB1PROD with DIGEST D224 CONGRESSIONAL RECORD — DAILY DIGEST March 10, 2011 Energy Tax Prevention Act of 2011. The sub- RADICALIZATION—AMERICAN MUSLIM committee forwarded the bill to the full Committee COMMUNITY without amendment. Committee on Homeland Security: Full Committee held a hearing entitled ‘‘The Extent of Radicalization in SEC’S OPERATIONS, ACTIVITIES AND the American Muslim Community and That Com- CHALLENGES munity’s Response.’’ Testimony was heard from Rep. Dingell; Rep. Keith Ellison; Rep. Frank Wolf; and Committee on Financial Services: Subcommittee on Cap- public witnesses. ital Markets and Government Sponsored Enterprises held a hearing entitled ‘‘Oversight of the Securities JUDICIAL DECISIONS—PATENT LAW and Exchange Commission’s Operations, Activities, Committee on the Judiciary: Subcommittee on Intellec- Challenges and FY 2012 Budget Request’’. Testi- tual Property, Competition and the Internet held a mony was heard from the following SEC officials: hearing on Review of Recent Judicial Decisions on Robert Cook, Director, Division of Trading and Patent Law. Testimony was heard from public wit- Markets; Meredith Cross, Director, Division of Cor- nesses. poration Finance; Robert Cook, Director, Division of SUBCOMMITTEE ORGANIZATION; NEW Trading and Markets; Carlo di Florio, Director, Of- JOBS IN RECESSION AND RECOVERY; AND fice of Compliance Inspections and Examinations; DEPARTMENTAL REPORT REQUESTS ON and Eileen Rominger, Director, Division of Invest- THE BENEFICIARIES OF A PRIVATE BILL ment Management. Committee on the Judiciary: Subcommittee on Immi- gration Policy and Enforcement held a hearing on COMPETITIVENESS AND JOB CREATION New Jobs in Recession and Recovery: Who Are Get- Committee on Financial Services: Subcommittee on ting Them and Who Are Not. Testimony was heard International Monetary Policy held a hearing entitled from public witnesses. ‘‘The Role of the Export-Import Bank in U.S. Com- Prior to the hearing the subcommittee met to petitiveness and Job Creation’’. Testimony was heard Adopt Rules of Procedure and Statement of Policy from public witnesses. for Private Immigration Bills and Statement of Pol- icy on Federal Charters; and approved requests to the Department of Homeland Security Departmental Re- NORTH KOREA ports on the Beneficiaries of: H.R. 316, Private Bill Committee on Foreign Affairs: Full Committee held a for the relief of Esther Njeri Karinge, H.R. 357, Pri- hearing on North Korea’s Sea of Fire: Bullying, vate Bill for the relief of Corina De Chalup Brinkmanship and Blackmail. Testimony was heard Turcinovic, H.R. 794, Private Bill for the Relief of from public witnesses. Allan Bolor Kelley, H.R. 823, Private Bill for the Relief of Maria Carmen Castro Ramirez and J. Refugio Carreno Rojas, and H.R. 824, Private Bill RELATIONS WITH EUROPE AND EURASIA for the Relief of Daniel Wachira. Committee on Foreign Affairs: Subcommittee on Europe and Eurasia held a hearing on U.S. Relations with FY 2012 BUDGET—NATIONAL PARK Europe and Eurasia. Testimony was heard from Rob- SERVICE ert O. Blake, Assistant Secretary, Bureau of Central Committee on Natural Resources: Subcommittee on Na- and South Asian Affairs Department of State; and tional Parks, Forests and Public Lands held a hearing Philip H. Gordon, Assistant Secretary, Bureau of Eu- entitled ‘‘Examining the Spending, Priorities and the Missions of National Park Service and the President’s ropean and Eurasian Affairs, Department of State. FY 2012 Budget Proposal.’’ Testimony was heard from Jon Jarvis, Director, National Park Service. PRIORITIES AND NEEDS AMIDST ECONOMIC CHALLENGES IN THE MIDDLE MISCELLANEOUS MEASURES EAST Committee on Oversight and Government Reform: Held a Committee on Foreign Affairs: Subcommittee on the markup of H.R. 471, the Scholarships for Oppor- tunity and Results Act. The bill was ordered re- Middle East and South Asia held a hearing on As- ported without amendment. sessing U.S. Foreign Policy Priorities and Needs Amidst Economic Challenges in the Middle East. WHO’S WATCHING WALL STREET’S Testimony was heard from Jeffrey D. Feltman, As- WATCHDOG? sistant Secretary of State for Near Eastern Affairs, Committee on Oversight and Government Reform: Sub- Department of State; and George A. Laudato, Ad- committee on TARP, Financial Services and Bailouts ministrator’s Special Assistant for the Middle East, of Public and Private Programs and the Sub- Agency for International Development. committee on Government Organization, Efficiency

VerDate Mar 15 2010 05:32 Mar 11, 2011 Jkt 099060 PO 00000 Frm 00006 Fmt 0627 Sfmt 5627 E:\CR\FM\D10MR1.REC D10MRPT1 sroberts on DSK2BSOYB1PROD with DIGEST March 10, 2011 CONGRESSIONAL RECORD — DAILY DIGEST D225 and Financial Management held a joint hearing enti- Subcommittee on Labor, Health and Human Services, tled ‘‘Financial Management, Work Force, and Oper- Education and Related Agencies, hearing on Status of ations at the SEC: Who’s Watching Wall Street’s Health Reform Implementation, 10 a.m., 2358–B Ray- Watchdog?’’ Testimony was heard from the fol- burn. lowing SEC officials: Mary Schapiro, Chairman; Jef- Subcommittee on Legislative Branch, hearing on Li- frey Risinger, Director of Human Resources; Jona- brary of Congress FY 2012 Budget, 10 a.m., HT–2 Cap- than (‘‘Jack’’) Katz, former Secretary. itol. Subcommittee on Legislative Branch, hearing on Gov- FY 2012 BUDGET—NOAA ernment Accountability Office FY 2012 Budget, 11 a.m., Committee on Science, Space, and Technology: Full Com- HT–2 Capitol. mittee held a hearing on Fiscal Year 2012 Research Committee on Armed Services, Subcommittee on Emerging and Development Budget Proposals at the National Threats and Capabilities, hearing on counterproliferation Oceanic and Atmospheric Administration and the strategy and the fiscal year 2012 national defense author- Environmental Protection Agency. Testimony was ization budget request for the Defense Threat Reduction heard from Jane Lubchenco, Administrator, NOAA; Agency and chemical biological defense program, 11:30 and Paul Anastas, Assistant Administrator, Office of a.m., 2212 Rayburn. Research and Development, EPA. Committee on Education and the Workforce, Subcommittee on Higher Education and Workforce Training hearing on FEDERAL OFFICE SPACE Education Regulations: Federal Overreach into Academic Committee on Transportation: Subcommittee on Eco- Affairs, 10 a.m., 2175 Rayburn. nomic Development, Public Buildings, and Emer- Committee on Energy and Commerce, Subcommittee on En- gency Management hearing on Cutting Spending ergy and Power and the Subcommittee on Environment and Consolidating Federal Office Space: GSA’s Cap- and the Economy, joint hearing entitled ‘‘The FY 2012 ital Investment and Leasing Program. Testimony was EPA Budget.’’ 10 a.m., 2123 Rayburn. heard from Robert Peck, Commissioner, Public Committee on Financial Services, Subcommittee on Capital Building Service, GSA. Markets and Government Sponsored Enterprises, hearing entitled ‘‘Legislative Proposals to Create a Covered Bond BUDGET FY 2012—INTELLIGENCE Market in the United States’’, 10 a.m., 2220 Rayburn. House Permanent Select Committee on Intelligence: Held a Subcommittee on Insurance, Housing and Community hearing on H.R. 754, the Intelligence Authorization Opportunity, hearing entitled ‘‘Legislative Proposals to Act for Fiscal Year 2011, and views and estimates Reform the National Flood Insurance Program’’ 10 a.m., on the President’s Budget for Fiscal Year 2012. Tes- 2128 Rayburn. timony was heard from administration officials. Committee on the Judiciary, Subcommittee on the Con- stitution, hearing on a bill regarding lawsuit abuse reduc- tion, 10 a.m., 2141 Rayburn. Joint Meetings Committee on Oversight and Government Reform, Sub- No joint committee meetings were held. committee on Technology, Information Policy, Intergov- f ernmental Relations and Procurement Reform, hearing entitled ‘‘Transparency Through Technology: Evaluating COMMITTEE MEETINGS FOR FRIDAY, Federal Open-Government Initiatives.’’ 10 a.m., 2154 MARCH 11, 2011 Rayburn. (Committee meetings are open unless otherwise indicated) Subcommittee on Government Organization, Efficiency & Financial Management, hearing entitled ‘‘Red to Black: Senate Improving the Collection of Delinquent Debt Owed to No meetings/hearings scheduled. the Government.’’ 10 a.m., 2247 Rayburn. House Committee on Science, Space, and Technology, Full Com- Committee on Appropriations, Subcommittee on Interior, mittee, hearing on the Fiscal Year 2012 Budget Proposals Environment, and Related Agencies, hearing on Forest at the National Science Foundation and the National In- Service FY 2012 Budget Oversight Hearing, 9:30 a.m., stitute of Standards and Technology, 10 a.m., 2318 Ray- B–308 Rayburn. burn. Subcommittee on Agriculture, Rural Development, Committee on Transportation, Subcommittee on Railroads, Food and Drug Administration, and Related Agencies, Pipelines, and Hazardous Materials, hearing on Finding hearing on Food and Drug Administration, Department Ways to Encourage and Increase Private Sector Participa- of Health and Human Services FY 2012 Budget Request, tion in Passenger Rail Service, 10 a.m., 2167 Rayburn. 10 a.m., 2362–A Rayburn. Committee on Veterans’ Affairs, Subcommittee on Health, Subcommittee on Commerce, Justice, Science, and Re- hearing on Implementation of Caregiver Assistance: Are lated Agencies, hearing on Members and Outside Witness we getting it right? 10 a.m., 334 Cannon. Hearing, 10 a.m., H–309 Capitol. Committee on Ways and Means, Subcommittee on Subcommittee on Homeland Security, hearing on FY Human Resources, hearing on the use of data matching 2012 Oversight & Budget Department of Homeland Se- to improve the administration of government benefit pro- curity, 10 a.m., 2359 Rayburn. grams, 10 a.m., B–318 Rayburn.

VerDate Mar 15 2010 05:32 Mar 11, 2011 Jkt 099060 PO 00000 Frm 00007 Fmt 0627 Sfmt 5627 E:\CR\FM\D10MR1.REC D10MRPT1 sroberts on DSK2BSOYB1PROD with DIGEST D226 CONGRESSIONAL RECORD — DAILY DIGEST March 10, 2011

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 2 p.m., Monday, March 14 9 a.m., Friday, March 11

Senate Chamber House Chamber Program for Monday: After the transaction of any Program for Friday:Consideration of H.R. 836—Emer- morning business (not to extend beyond 4:30 p.m.), Sen- gency Mortgage Relief Program Termination Act (Subject ate will begin consideration of the nomination of James to a Rule). Emanuel Boasberg, of the District of Columbia, to be United States District Judge for the District of Columbia, and after a period of debate, vote on confirmation of the nomination at 5:30 p.m., to be followed by a vote on the motion to invoke cloture on the motion to proceed to consideration of S. 493, SBIR/STTR Reauthorization Act.

Extensions of Remarks, as inserted in this issue

HOUSE Foxx, Virginia, N.C., E453 Quayle, Benjamin, Ariz., E454 Graves, Sam, Mo., E447, E450, E451, E452, E452, E453, Rush, Bobby L., Ill., E454, E457 Alexander, Rodney, La., E455 E454, E454, E455 Schakowsky, Janice D., Ill., E452 Baca, Joe, Calif., E456 Johnson, Henry C. ‘‘Hank’’, Jr., Ga., E448, E450, E455 Schweikert, David, Ariz., E447 Brady, Robert A., Pa., E450 Kildee, Dale E., Mich., E452 Scott, David, Ga., E456 Burton, Dan, Ind., E451 Larson, John B., Conn., E456 Cohen, Steve, Tenn., E456 Latham, Tom, Iowa, E447 Smith, Lamar, Tex., E453 Costa, Jim, Calif., E450, E453 McDermott, Jim, Wash., E455 Sullivan, John, Okla., E453, E455 Critz, Mark S., Pa., E453 Marino, Tom, Pa., E456 Vela´ zquez, Nydia M., N.Y., E449 Cuellar, Henry, Tex., E449 Norton, Eleanor Holmes, D.C., E452 Whitfield, Ed, Ky., E448 Duncan, John J., Tenn., E451 Nunes, Devin, Calif., E448 Woolsey, Lynn C., Calif., E449 Filner, Bob, Calif., E447 Palazzo, Steven M., Miss., E454

E PL UR UM IB N U U S The Congressional Record (USPS 087–390). The Periodicals postage is paid at Washington, D.C. The public proceedings of each House Congressional Record of Congress, as reported by the Official Reporters thereof, are printed pursuant to directions of the Joint Committee on Printing as authorized by appropriate provisions of Title 44, United States Code, and published for each day that one or both Houses are in session, excepting very infrequent instances when two or more unusually small consecutive issues are printed one time. ¶ Public access to the Congressional Record is available online through the U.S. Government Printing Office at www.fdsys.gov, free of charge to the user. The information is updated online each day the Congressional Record is published. For more information, contact the GPO Customer Contact Center, U.S. Government Printing Office. Phone 202–512–1800, or 866–512–1800 (toll-free). E-Mail, [email protected]. ¶ The Congressional Record paper and 24x microfiche edition will be furnished by mail to subscribers, free of postage, at the following prices: paper edition, $252.00 for six months, $503.00 per year, or purchased as follows: less than 200 pages, $10.50; between 200 and 400 pages, $21.00; greater than 400 pages, $31.50, payable in advance; microfiche edition, $146.00 per year, or purchased for $3.00 per issue payable in advance. The semimonthly Congressional Record Index may be purchased for the same per issue prices. To place an order for any of these products, visit the U.S. Government Online Bookstore at: bookstore.gpo.gov. Mail orders to: Superintendent of Documents, P.O. Box 979050, St. Louis, MO 63197–9000, or phone orders to 866–512–1800 (toll-free), 202–512–1800 (D.C. area), or fax to 202–512–2104. Remit check or money order, made payable to the Superintendent of Documents, or use VISA, MasterCard, Discover, American Express, or GPO Deposit Account. ¶ Following each session of Congress, the daily Congressional Record is revised, printed, permanently bound and sold by the Superintendent of Documents in individual parts or by sets. ¶ With the exception of copyrighted articles, there are no restrictions on the republication of material from the Congressional Record. POSTMASTER: Send address changes to the Superintendent of Documents, Congressional Record, U.S. Government Printing Office, Washington, D.C. 20402, along with the entire mailing label from the last issue received.

VerDate Mar 15 2010 05:32 Mar 11, 2011 Jkt 099060 PO 00000 Frm 00008 Fmt 0664 Sfmt 0664 E:\CR\FM\D10MR1.REC D10MRPT1 sroberts on DSK2BSOYB1PROD with DIGEST