Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 111 CONGRESS, SECOND SESSION

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

Vol. 156 WASHINGTON, THURSDAY, FEBRUARY 25, 2010 No. 25 House of Representatives The House met at 10 a.m. and was I pledge allegiance to the Flag of the IN RECOGNITION OF BLACK called to order by the Speaker pro tem- United States of America, and to the Repub- HISTORY MONTH pore (Mr. PASTOR of Arizona). lic for which it stands, one nation under God, indivisible, with liberty and justice for all. (Mr. TERRY asked and was given f permission to address the House for 1 minute and to revise and extend his re- DESIGNATION OF THE SPEAKER f PRO TEMPORE marks.) Mr. TERRY. Mr. Speaker, I rise The SPEAKER pro tempore laid be- ANNOUNCEMENT BY THE SPEAKER today during Black History Month to fore the House the following commu- PRO TEMPORE recognize many important contribu- nication from the Speaker: The SPEAKER pro tempore. The tions African Americans have made to WASHINGTON, DC, Chair will entertain up to 10 requests our Nation. We especially honor the ex- February 25, 2010. for 1-minute speeches on each side of traordinary people who continue to I hereby appoint the Honorable ED PASTOR shape our community and our great to act as Speaker pro tempore on this day. the aisle. Nation. The Omaha area is blessed with NANCY PELOSI, Speaker of the House of Representatives. f thousands of successful and talented African Americans, and today I would f like to recognize four individuals: PRAYER CONGRESS IS BEGINNING TO Frank Hayes, Phyllis Hicks, Dr. Mary WORK TOGETHER The Chaplain, the Reverend Daniel P. Clinkscale and Dr. Herb Rhodes. Coughlin, offered the following prayer: (Mr. ALTMIRE asked and was given Frank Hayes is a CPA who owns his Lord God, our strength and our salva- permission to address the House for 1 own business. He is also a founding tion, touch us with the flame of Your minute.) member and the first president of the love. Let it burn out self-interest, that Mr. ALTMIRE. Mr. Speaker, the 100 Black Men organization, which is our heartfelt dedication to public serv- American people have demanded that dedicated to improving the lives of ice of Your people may be transformed Congress begin working together to youth. Since 1967 Phyllis Hicks has run the into deeper commitment. solve this Nation’s problems, and we Salem Stepping Drill Team and con- Free this Congress to be Your sterile have done just that. On Monday, our friends across the tinues to be a volunteer and chief fund- instrument to heal this Nation and re- raiser for this group. Through her out- store its vitality. Capitol, in the other body as we say, passed their version of the jobs bill by reach, she has helped many youth over- May our accomplishments give You come obstacles. alone, Lord, all the glory, both now a vote of 70–28. We, in this House, have already passed a different version, and Mary Clinkscale, Dr. Mary and forever. Clinkscale, or Dr. C, as she’s commonly yesterday we passed by an over- Amen. referred to, is the administrator of the whelming bipartisan vote of 406–19 a f Great Beth-el Temple where she has long overdue elimination of the anti- planned, produced and directed more THE JOURNAL trust exemption that health insurers than 250 theatrical productions and The SPEAKER pro tempore. The have enjoyed for decades. We hope our presentations, including a performance Chair has examined the Journal of the friends in the other body will join us in to prelude The Tuskegee Airmen. last day’s proceedings and announces a similarly bipartisan vote to send that Dr. Herb Rhodes is a lifetime member to the House his approval thereof. bill to the President. of the Omaha business community. He Pursuant to clause 1, rule I, the Jour- And today a bipartisan group of con- was featured in 1975 in Ebony magazine nal stands approved. gressional leaders meets at the White which highlighted successful African f House to discuss ways to bring down Americans who were leading the way in the cost of health care for every family business. PLEDGE OF ALLEGIANCE and every business in America. While f The SPEAKER pro tempore. Will the we’re not yet finished, and there’s gentleman from Texas (Mr. POE) come clearly much work yet to be done, Con- OUR HEALTH CARE SYSTEM forward and lead the House in the gress this week has made great strides (Mr. WALZ asked and was given per- Pledge of Allegiance. in moving forward on the issues that mission to address the House for 1 Mr. POE of Texas led the Pledge of are of most concern to the American minute and to revise and extend his re- Allegiance as follows: people. marks.)

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.

H835

VerDate Nov 24 2008 01:09 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A25FE7.000 H25FEPT1 dcolon on DSK2BSOYB1PROD with HOUSE H836 CONGRESSIONAL RECORD — HOUSE February 25, 2010 Mr. WALZ. Mr. Speaker, I rise today Sounds like ‘‘private health care for HUMANITARIAN AID FOR HAITI to applaud the House, the Senate and me, but not for thee.’’ (Mr. HIMES asked and was given per- the President for having the courage to And that’s just the way it is. mission to address the House for 1 attack the important issue of health f minute and to revise and extend his re- care. I also want to recognize that the HONORING THE LIFE OF PETER marks.) legislation passed by this House in No- STRAUSS Mr. HIMES. Mr. Speaker, despite the vember takes a huge leap forward in economic pain felt by so many Amer- addressing the issue of paying for value (Mr. DRIEHAUS asked and was given ican families, we’ve seen something in health care. permission to address the House for 1 truly amazing in the extent to which The current payment system rewards minute and to revise and extend his re- Americans have come together to ad- volume and quantity rather than qual- marks.) dress the tragedy of our brothers and Mr. DRIEHAUS. Mr. Speaker, last ity and outcomes. We waste hundreds sisters in Haiti. of billions of dollars every year on week Cincinnati lost a committed pub- I’m proud to stand here this morning tests and procedures that do not im- lic servant and a valued friend when to highlight two organizations based in prove patient health. We need to Pete Strauss passed away. my district who have done wonderful Pete served on the Cincinnati City change the incentive system. We need work. Save the Children, Westport, Council from 1981 until 1993, serving doctors and hospitals to work together Connecticut, run by Charlie McCor- part of that time as the city’s vice mack, has 50 people on the ground that to coordinate care based around pa- mayor. More than just a politician, have touched half a million Haitians tient need. Pete was a leader, a person who truly In my district in southern Min- with medical, food and other sorts of embodied the virtues of leadership. He aid. Americare is based in Stanford, nesota, the Mayo Clinic has done ex- sought office not out of personal ambi- Connecticut, and run by Curt Welling. actly that. There are other institutions tion, but from a desire to improve the The earthquake had barely stopped be- around the country that also provide lives of those in our community. He fore they had teams on the ground pro- high-quality, low-cost, efficient care. served Cincinnati, not with a political viding medical relief; and they have This is the one issue that both sides or partisan agenda, but to get results pledged $50 million to rebuild the Hai- can agree on. for the people and city he represented. Yesterday in Roll Call, led by the When I was a young man with a tian health care system. I rise today to highlight, to honor Mayo Clinic, the Chamber of Com- growing interest in government, I and and to thank these two wonderful orga- merce, Cleveland Clinic and other in- many others like me looked up to Pete nizations and to urge them to keep up surers, they stated: reforming health Strauss as the kind of public servant the good work. Thank you, Save the care in America will not become easier we have since aspired to become. Children, thank you, Americare, for all with the passage of time. We encourage Pete’s character was beyond ques- that you have done. all stakeholders, government officials, tion, and his bravery was exhibited in patients, families, insurers, doctors his courageous fight against Parkin- f and nurses to work together to pass re- son’s. He will be dearly missed by his HONORING RESERVE OFFICERS forms that provide quality, affordable wife, Kitty, his sons, Mike and Matt, ASSOCIATION’S CHAPLAIN OF health care for Americans. This is the and all of the city that he loved and THE YEAR path to true health care reform that served for so long. Thank you, Pete. (Mr. CAO asked and was given per- will strengthen our economy, take care f mission to address the House for 1 of America’s families, and grow jobs. minute.) f AMERICAN CONSERVATION AND CLEAN ENERGY INDEPENDENCE Mr. CAO. Mr. Speaker, I rise today to AMERICAN HEALTH CARE 1; ACT congratulate Chaplain Phillip ‘‘Endel’’ CANADIAN HEALTH CARE ZERO Lee, Jr., the 2010 recipient of the Re- (Mr. TIM MURPHY of Pennsylvania serve Officers Association Chaplain of (Mr. POE of Texas asked and was asked and was given permission to ad- given permission to address the House the Year Award, who is currently serv- dress the House for 1 minute.) ing in my district. for 1 minute.) Mr. TIM MURPHY of Pennsylvania. I also congratulate him and thank Mr. POE of Texas. Mr. Speaker, the Mr. Speaker, in today’s news, the him for delivering the opening prayer Canadian Premier of Newfoundland, Chairman of the Federal Reserve, Ben here on the floor of the U.S. House of Danny Williams, snuck into the United Bernanke, warned that huge deficits Representatives on Tuesday, February States recently for some stealth health and borrowing place us at risk for high 9, 2010. His prayer was powerful and care. Now, why would the Canadian inflation and high interest rates. moving and reminded us that we are Premier come to the United States for Add this to the high unemployment, ‘‘Americans promoting freedom, re- heart surgery? Because his life de- borrowing from China and buying huge sponsible for our actions, and dedicated pended on it. amounts of oil from OPEC, and we have to the principles that made us free.’’ ‘‘My heart, my choice, my health’’ he to recognize we’ve got a mess on our Chaplain Lee has always been a bea- proclaimed. When it came down to it, hands. con of hope to those facing immense he didn’t trust his life to Canada’s gov- But there is a solution. We can create tragedies. He rescued survivors off ernment-run health care system. Imag- jobs and grow our economy without rooftops during Hurricane Katrina and ine that. raising taxes. It is the bipartisan prayed at Ground Zero with the fami- The Canadian Premier said after the American Conservation and Clean En- lies of victims of September 11. very successful American heart sur- ergy Independence Act, H.R. 2227. This I am proud to have Chaplain Lee gery, ‘‘I did not sign away my right to bill uses the trillions of dollars from serving in my congressional district. I get the best possible health care for oil and gas exploration off our coast to thank him for his leadership in the myself when I entered politics.’’ drive conservation and new tech- spiritual rebuilding of Orleans and Jef- The American people have said they nologies to improve energy efficiency; ferson Parishes, and I speak for all of don’t want to be forced into signing develop clean-energy generation and us here when I thank him and his fam- their lives away with government-run infrastructure; rebuild America’s inef- ily’s service to and sacrifice for this health care either. When life and death ficient transportation system; and great Nation. decisions are put in the hands of gov- clean our air and water. Not only will f ernment bureaucrats, it’s unhealthy we be creating a clean energy future, for everybody. but creating millions of good-paying HEALTH CARE REFORM Just ask the Canadian Premier. jobs for years to come. (Mr. MURPHY of Connecticut asked When it came down to a matter of his The news tells us of how things are, and was given permission to address own life or death decision, the Cana- but that’s not how it has to be. Join me the House for 1 minute.) dian Premier chose private health care in supporting the American Conserva- Mr. MURPHY of Connecticut. Mr. and American heart surgeons over the tion and Clean Energy Independence Speaker, the people I represent in Con- Canadian nationalized system. Act. necticut, those who buy their health

VerDate Nov 24 2008 01:09 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K25FE7.002 H25FEPT1 dcolon on DSK2BSOYB1PROD with HOUSE February 25, 2010 CONGRESSIONAL RECORD — HOUSE H837 insurance on the individual market, began a hunger strike to protest the Americans deserve choices. They de- are bearing the burden of a 20 percent human rights violations and the reserve the ability to pick the health rate hike in a recession. peated beatings by the Cuban authori- plan they want at an affordable price, Who’s getting this 20 percent? It’s ties. After an 83-day hunger strike, Or- but because of these health insurance not the patients, it’s not my doctors, lando Zapata Tamayo passed away on exemptions from antitrust, they were it’s not my hospitals. Thursday, February 23, 2010, with his denied that trust. Insurance companies This fact screams for the need for na- mother at his side. have been shielded from legal liability tional health insurance reform, reform In mourning the death of Orlando Za- for price fixing, for sabotaging their that drives down health care costs for pata Tamayo, I urge my colleagues to competitors in order to drive them out everyone, and asking those who make listen to his message of freedom and re- of the market. In most industries, the biggest bucks off the system to spect for human life. As the atrocities these behaviors would be unacceptable, take a little bit less. he fought against remain the reality of but for the insurance industry, it’s just Today President Obama is going to Cuba today, we must continue to fight another play in the book. convene Members of both parties in a for human rights and the release of all I have been a long and strong pro- televised forum to sit down and try to political prisoners. ponent of repealing this antitrust ex- fix our health insurance mess. And I’m f emption. I’m thrilled that the House hopeful that our Republican friends acted in such a bipartisan fashion to do SNOHOMISH COUNTY AUTO THEFT so, and I urge the Senate to quickly will finally bring some ideas that will TASK FORCE change this status quo for individuals pass this legislation so that all of our (Mr. LARSEN of Washington asked in my district, seniors and small busi- constituents can have a choice. and was given permission to address nesses across the Nation. Instead of f the House for 1 minute.) empowering these insurance industry Mr. LARSEN of Washington. Mr. MILITARY FAMILIES JOB rate increases, they should work with Speaker, today I rise to recognize the CONTINUITY ACT us to stop them. Snohomish County Auto Theft Task (Mrs. DAHLKEMPER asked and was I’m not naive. This may not happen Force for its success in combating ve- given permission to address the House today. But I’ll tell you this: people in hicle theft in my district. for 1 minute and to revise and extend Connecticut will be watching. Recently, the task force was recog- her remarks.) f nized as the top auto theft recovery Mrs. DAHLKEMPER. Mr. Speaker, HEALTH CARE SUMMIT team in Washington State by the every year our servicemembers across Washington Auto Theft Prevention Au- the country receive permanent change- (Mr. HERGER asked and was given thority. While vehicle thefts across the of-station orders, having to relocate permission to address the House for 1 State decreased 20 percent in 2009, Sno- their families to meet the needs of our minute and to revise and extend his re- homish County led the way with a re- national defense. In the process, mili- marks.) markable 29 percent decline. tary spouses often have to put their ca- Mr. HERGER. Mr. Speaker, the The Snohomish County Auto Theft reers on hold. President continues to ignore the Task Force is an example of law en- My new legislation, the Military American people’s fundamental rejec- forcement agencies working together Families Job Continuity Act, offers a tion of this health care bill. He needs to make a difference in our commu- $500 tax credit to any military spouse to listen to the American public when nity. The Snohomish team is made up who has to renew or transfer a profes- they say ‘‘no’’ to Big Government and of detectives from the Monroe, sional license when a permanent ‘‘no’’ to government-run health care. Marysville, and Lynnwood police de- change-of-station order takes their Yet, his proposal is more of the same partments; the Washington State Pa- family across State lines. This tax government intrusion and high taxes trol; the Snohomish County Sheriff’s credit will ease the stress of transfers that have been the dominant things of Office, the Snohomish County Prosecu- and help military spouses quickly reen- his health care plan since day one. tor’s Office, and, most recently, the ter the workforce. By refusing to change his plan, the Tulalip Tribes. I urge my colleagues to renew our President is demonstrating that to- Through this partnership, the task commitment to our soldiers and to our day’s summit and his rhetoric about force disrupted the operation of 26 chop soldiers’ families by supporting the working with Republicans to find solu- shops and theft rings over the past year Military Families Job Continuity Act. tions are purely for show. alone—tracking down stolen vehicles, f Mr. Speaker, it’s time to start over arresting those responsible, and help- NATIONAL TEACH AG DAY and allow the public to have a seat at ing make sure the bad guys were con- the table. victed. (Mr. CHILDERS asked and was given permission to address the House for 1 f Since forming in 2008, the Snohomish County team has convicted over 100 minute.) b 1015 people and recovered 82 vehicles with Mr. CHILDERS. Mr. Speaker, I rise today in support of National Teach Ag ORLANDO ZAPATA TAMAYO an estimated value of $1.5 million along with $337,400 worth of stolen property. Day. I have introduced a bill, House (Mr. SIRES asked and was given per- At a time when budgets are stretched Resolution 886, to honor our Nation’s mission to address the House for 1 thin, we should not forget the needs of agriculture educators and to support minute.) law enforcement or of the work of our National Teach Ag Day on this day, Mr. SIRES. Mr. Speaker, I rise today prosecutor’s office in making sure February 25, 2010. to share my deep sadness over the loss these folks are behind bars. At a time when there is a nationwide of a human prisoner of conscience, Or- f teacher shortage in ag education and lando Zapata Tamayo, held by the many agricultural education programs Cuban regime. ANTITRUST EXEMPTION REPEAL are suffering from the lack of qualified Orlando Zapata Tamayo was first ar- (Mr. HALL of New York asked and teachers, I feel it’s important to en- rested in March of 2003 for partici- was given permission to address the courage students to explore careers as pating in a hunger strike to demand House for 1 minute.) teachers in agriculture. These teachers the release of Dr. Oscar Biscet and Mr. HALL of New York. Mr. Speaker, work hard to ensure that over a mil- other prisoners of conscience. Since his yesterday the House took a major step lion American students receive an ag initial arrest and unwarranted impris- forward by repealing the antitrust ex- education as part of their curriculum. onment, the regime consistently in- emption for health insurance compa- Ag educators work hand in hand with creased Zapata’s prison term to 47 nies. For more than 65 years, insurance community groups like FFA to years. companies have been able to play by a strengthen communities. Our Nation’s While in prison, Zapata endured fre- different set of rules, and the result has food supply depends on our continued quent beatings and unimaginable living been disastrous for my constituents support of the entire agriculture indus- conditions. On December 3, Mr. Zapata and for families across the country. try. Encouraging students to pursue

VerDate Nov 24 2008 01:09 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K25FE7.004 H25FEPT1 dcolon on DSK2BSOYB1PROD with HOUSE H838 CONGRESSIONAL RECORD — HOUSE February 25, 2010 agriculture education is one way to PROVIDING FOR CONSIDERATION All points of order against the Senate bill help secure our food supply. OF H.R. 2701, INTELLIGENCE AU- and against its consideration are waived. It I urge you to join me and many of THORIZATION ACT FOR FISCAL shall be in order to move to strike all after YEAR 2010, WAIVING REQUIRE- the enacting clause of the Senate bill and to our colleagues, as well as the NAAE, on insert in lieu thereof the provisions of H.R. behalf of the National Council for Agri- MENT OF CLAUSE 6(a) OF RULE 2701 as passed by the House. All points of cultural Education, in supporting XIII WITH RESPECT TO CONSID- order against that motion are waived. If the America’s agricultural educators and ERATION OF CERTAIN RESOLU- motion is adopted and the Senate bill, as students on this day, National Teach TIONS, AND PROVIDING FOR amended, is passed, then it shall be in order Ag Day. CONSIDERATION OF MOTIONS TO to move that the House insist on its amend- SUSPEND THE RULES ment to S. 1494 and request a conference with the Senate thereon. f Mr. HASTINGS of Florida. Mr. SEC. 4. The requirement of clause 6(a) of Speaker, by direction of the Com- rule XIII for a two-thirds vote to consider a BIPARTISAN EFFORT FOR JOB mittee on Rules, I call up House Reso- report from the Committee on Rules on the CREATION lution 1105 and ask for its immediate same day it is presented to the House is consideration. waived with respect to any resolution re- (Mr. DREIER asked and was given The Clerk read the resolution, as fol- ported through the legislative day of Feb- permission to address the House for 1 lows: ruary 26, 2010. minute and to revise and extend his re- SEC. 5. It shall be in order at any time H. RES. 1105 marks.) through the legislative day of February 26, Resolved, That at any time after the adop- 2010, for the Speaker to entertain motions Mr. DREIER. Mr. Speaker, we all tion of this resolution the Speaker may, pur- that the House suspend the rules. The Speak- know that most of the political eyes suant to clause 2(b) of rule XVIII, declare the er or her designee shall consult with the Mi- and other eyes are focused down at the House resolved into the Committee of the nority Leader or his designee on the designa- Whole House on the state of the Union for Blair House right now as the health tion of any matter for consideration pursu- consideration of the bill (H.R. 2701) to au- care summit has just gotten underway, ant to this section. and my friend from Fort Lauderdale thorize appropriations for fiscal year 2010 for intelligence and intelligence-related activi- and I are going to begin the floor man- ties of the United States Government, the b 1030 agement of the very, very important Community Management Account, and the The SPEAKER pro tempore. The gen- intelligence authorization bill focused Central Intelligence Agency Retirement and tleman from Florida is recognized for 1 on our Nation’s security. Disability System, and for other purposes. hour. The first reading of the bill shall be dis- But we can’t forget what issue is in (By unanimous consent, Mr. the forefront of the minds of most pensed with. All points of order against consideration of the bill are waived except those HASTINGS of Florida was allowed to Americans, and that is getting our speak out of order.) economy back on track, focusing on arising under clause 9 of rule XXI. General debate shall be confined to the bill and shall ANNOUNCEMENT REGARDING PATRIOT ACT job creation and economic growth. And not exceed one hour equally divided and con- AUTHORITIES we’ve just gotten the news this morn- trolled by the chair and ranking minority Mr. HASTINGS of Florida. Mr. ing that there has been an unfortunate member of the Permanent Select Committee Speaker, I rise to inform Members that 12 percent increase in the jobless on Intelligence. After general debate the bill the Intelligence Committee has re- claims, and we continue to have mixed shall be considered for amendment under the ceived a classified document from the reports on where we are with the econ- five-minute rule. It shall be in order to con- Department of Justice that is related omy. sider as an original bill for the purpose of to the PATRIOT Act authorities cur- It seems to me, Mr. Speaker, that it’s amendment under the five-minute rule the amendment in the nature of a substitute rec- rently set to expire at the end of the absolutely imperative for us to work in ommended by the Permanent Select Com- month. a bipartisan way to put into place true mittee on Intelligence now printed in the The House may consider a 1-year ex- private sector job creation incentives, bill. The committee amendment in the na- tension of the PATRIOT Act today so and by that I mean utilizing the bipar- ture of a substitute shall be considered as the Intelligence Committee will be tisan effort that was, in the last half read. All points of order against the com- making this document available for century, utilized by John F. Kennedy mittee amendment in the nature of a sub- Member review in the committee of- in the early 1960s and Ronald Reagan in stitute are waived. Notwithstanding clause fices located in HVC–304. Staff from the the 1980s. And I believe that if we were 11 of rule XVIII, no amendment to the committee amendment in the nature of a sub- Intelligence and Judiciary Commit- to implement those kind of policies, stitute shall be in order except those printed tees, as well as personnel from the Jus- Mr. Speaker, we would see the kind of in the report of the Committee on Rules ac- tice Department and with the Office of job creation that the American people companying this resolution. Each such the Director of National Intelligence, are seeking. amendment may be offered only in the order printed in the report, may be offered only by will be available to answer any questions that Members may have. Mem- f a Member designated in the report, shall be considered as read, shall be debatable for the bers who want to review the document time specified in the report equally divided should call the Intelligence Committee REPORT ON RESOLUTION PRO- and controlled by the proponent and an op- to schedule an appointment. VIDING FOR CONSIDERATION OF ponent, shall not be subject to amendment, Mr. Speaker, for the purpose of de- THE SENATE AMENDMENTS TO and shall not be subject to a demand for divi- bate only, I yield the customary 30 H.R. 3961, MEDICARE PHYSICIAN sion of the question. All points of order minutes to the gentleman from Cali- PAYMENT REFORM ACT OF 2009 against such amendments are waived except those arising under clause 9 or 10 of rule XXI. fornia, my good friend, Mr. DREIER. All Mr. HASTINGS of Florida, from the At the conclusion of consideration of the bill time yielded during consideration of Committee on Rules, submitted a priv- for amendment the Committee shall rise and the rule is for debate only. ileged report (Rept. No. 111–420) on the report the bill to the House with such GENERAL LEAVE resolution (H. Res. 1109) providing for amendments as may have been adopted. The Mr. HASTINGS of Florida. Mr. consideration of the Senate amend- previous question shall be considered as or- Speaker, I ask unanimous consent that dered on the bill and amendments thereto to ments to the bill (H.R. 3961) to amend final passage without intervening motion ex- all Members have 5 legislative days title XVIII of the Social Security Act cept one motion to recommit with or with- with which to revise and extend their to reform the Medicare SGR payment out instructions. remarks and to insert extraneous ma- system for physicians and to re- SEC. 2. The Chair may entertain a motion terials into the RECORD. institute and update the Pay-As-You- that the Committee rise only if offered by The SPEAKER pro tempore. Is there Go requirement of budget neutrality on the chair of the Permanent Select Com- objection to the request of the gen- new tax and mandatory spending legis- mittee on Intelligence or his designee. The tleman from Florida? lation, enforced by the threat of an- Chair may not entertain a motion to strike There was no objection. out the enacting words of the bill (as de- nual, automatic sequestration, which scribed in clause 9 of rule XVIII). Mr. HASTINGS of Florida. Mr. was referred to the House Calendar and SEC. 3. After passage of H.R. 2701, it shall Speaker, I yield myself such time as I ordered to be printed. be in order to consider in the House S. 1494. may consume.

VerDate Nov 24 2008 02:34 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K25FE7.005 H25FEPT1 dcolon on DSK2BSOYB1PROD with HOUSE February 25, 2010 CONGRESSIONAL RECORD — HOUSE H839 Mr. Speaker, the resolution, as an- evident when seven Americans made and advanced many measures that are nounced by our Clerk, provides for con- the ultimate sacrifice during a ter- in law today dealing with intelligence. sideration of H.R. 2701, the Intelligence rorist attack in Khost, Afghanistan, My good friend and my good friend Authorization Act for fiscal year 2010, this past December. from California’s good friend, Julian under a structured rule. The resolution But the attempted terrorist attack Dixon, who has departed life, carried waives all points of order against con- on Northwest Flight 253 on Christmas that banner, as did SANFORD BISHOP sideration of the bill except those aris- Day was a startling reminder to all when he was on this committee. ing under clause 9 of rule XXI. The res- Americans that in spite of our best ef- I, along with many other members of olution provides 1 hour of debate on forts we are still under attack, and we the committee, particularly Chairman the bill, makes in order only those still have much work to do to get it REYES, ANNA ESHOO and others count- amendments printed in the rule, and right. The constant threat from violent less throughout the years, JANE HAR- the resolution waives all points of extremists reinforces that now more MAN included, we have fought for con- order against such amendments except than ever, and we must give the intel- tinuing diversity on this committee. those arising under clause 9 or 10 of ligence community the resources and We need people who blend in, speak the rule XXI. flexibility it needs to thwart the con- language, and understand the cultures The resolution provides one motion tinuing and emerging threats to United in the countries that we are targeting. to recommit with or without instruc- States national security. As my colleagues on the committee tions and provides that the Chair may For the last 4 years, our country has and I have mentioned on many occa- entertain a motion to rise only if of- gone without an intelligence authoriza- sions, when the intelligence leadership fered by the Chair of the Intelligence tion bill. I find it very distressing that comes to testify, we don’t see a lot of Committee or his designee and pro- the House Intelligence Committee, diversity at the table. We don’t see vides that the Chair may not entertain which was created to ensure proper enough women at the table. It is time a motion to strike the enacting words oversight and accountability of our infor the community to get serious about of the bill. telligence community, has worked dili- improving diversity for the sake of our The resolution provides for a motion gently every year to pass a bill but has national security. to consider the Senate bill and sub- not seen one signed into law in recent A real diversity effort means more stitute its text with the text of H.R. years. than just staging recruitment drives at 2701 as passed by the House. The resolu- As we have seen, the intelligence colleges with a lot of black students or tion waives all points of order against community is in dire need of inde- Latino students. Diversity means hir- the Senate bill and its consideration. It pendent oversight. Sadly, when we cre- ing, hiring more Arab Americans. It also makes in order a motion that the ated the Director of National Intel- means hiring more Iranian Americans, House insist on its amendment and re- ligence, we did not create an inde- more Pakistani Americans, more Chi- quest a conference with the Senate and pendent Inspector General. This bill nese Americans and more Korean waives all points of order against such would remedy that flaw by making Americans. If the intelligence commu- motion. clear that the Inspector General does nity is to succeed in its global mission, The resolution waives a requirement not serve at the whim of the Director it must have a global face. of clause 6(a) of rule XIII for a two- of National Intelligence and also has I have offered an amendment on di- thirds vote for same-day consideration an independent responsibility to keep versity in the intelligence community of a report from the Rules Committee Congress informed. to the underlying bill. My amendment Some of my colleagues on the other through the legislative day of Friday, contains a requirement for the Direc- aisle have argued against the creation February 26. It also permits the Speak- tor of National Intelligence to report of a new Inspector General. I would reer to consider motions to suspend the to Congress on a comprehensive plan to spectfully disagree with their assess- rules through the legislative day of improve diversity in the intelligence ment. It is clear that this provision Friday, February 26. The Speaker shall community. It calls on the Director to will help to streamline and coordinate consult with the minority leader on report on specific implementation the designation of any matter under oversight. This bill also contains a provision in plans for each element agency in the this authority. community. It also requires informa- Mr. Speaker, I rise today in strong the manager’s amendment providing tion on plans to improve minority re- support of the rule providing for con- sensible reforms to the Gang of Eight tention, not only at the junior and sideration of H.R. 2701, the Intelligence process. As vice chairman of the com- mid-grade levels, but at the senior and Authorization Act for Fiscal Year 2010. mittee, I have seen that process abused As vice chairman of the House Per- in the past, and I am glad that we are management levels as well. manent Select Committee on Intel- taking a careful step towards reform. I Finally, it requires that the Director ligence, I know that the intelligence believe that the administration has a of National Intelligence report to the community is the first line of defense statutory and constitutional duty to congressional Intelligence Committees against terrorists, proliferators of keep members of the Intelligence Com- on the efforts being made with diver- weapons of mass destruction, and other mittee, all members of the Intelligence sity training and how improvement in rogue elements who wish to do us and Committee, fully informed on certain diversity will be measured. This our allies harm here at home and intelligence matters. Therefore, by re- amendment, along with many other across the globe. forming this process, the bill enhances important provisions in this bill, will This legislation provides policy guid- transparency and bolsters Congress’ ca- make our intelligence community ance for 16 agencies of the intelligence pacity to conduct important oversight. more effective, more efficient, and community while also improving over- The bill also clarifies the responsi- more accountable. sight and helping to prevent disastrous bility of the Director of National Intel- Given the immense security chal- consequences that faulty intelligence ligence to cooperate with GAO inves- lenges facing our Nation, it is vital and a misinformed Congress can have tigations initiated by Congress. GAO that Congress pass this legislation so on national security. can provide the Congress with valuable that we may continue to fulfill our Mr. Speaker, I have the honor and expertise and assist with oversight commitment to the safety and well- privilege of meeting many of our intel- functions, especially in areas of audit- being of the great American people. ligence professionals in over 50 coun- ing and security clearance reforms. I reserve the balance of my time. tries around the world during my over- I have stated time and time again Mr. DREIER. I yield myself such sight travel as a member of the Intel- that the intelligence community is not time as I might consume. ligence Committee. I cannot overstate diverse enough to do its job of stealing (Mr. DREIER asked and was given how much I and the members of the and analyzing foreign countries’ se- permission to revise and extend his re- committee, and I am sure all Members crets. Diversity is a mission impera- marks.) of this body, appreciate them and are tive. When I came on this committee, I Mr. DREIER. Mr. Speaker, let me humbled by their service. Their dedica- came on after the legendary Lou first express my appreciation to my tion and commitment became more Stokes, who served on this committee friend from Fort Lauderdale, a member

VerDate Nov 24 2008 01:09 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K25FE7.007 H25FEPT1 dcolon on DSK2BSOYB1PROD with HOUSE H840 CONGRESSIONAL RECORD — HOUSE February 25, 2010 of both the Rules Committee and a dis- place, before any of these new revela- up any bill at any time today or tomor- tinguished member of the Permanent tions of flaws in our system and before row without a shred of transparency or Select Committee on Intelligence. any analysis was conducted on how to even one moment of public scrutiny. Mr. Speaker, last Christmas Day, as fix them. This rule gives them carte blanche to we all know, when a passenger boarded Mr. Speaker, unfortunately, the take whatever legislative action they Northwest Airlines Flight 253 headed Democratic majority’s decision to choose, entirely absent of any account- for the Detroit Metro Airport, the issue bring up this hopelessly outdated bill is ability. of national security once again came to made all the more inexplicable by the And I’ve got to say, I was thinking the forefront, to the top of the agenda fact that it was known to be a seri- about this last night when we were in for everyone in our country. This is, of ously flawed bill even back in June the Rules Committee, to impose this course, never, never far from our when it was being finalized. In fact, Mr. kind of structure this early in a Con- minds. But in recent months, as sev- Speaker, the Obama administration re- gress—the second month of the second eral high-profile terrorist plots have leased a scathing criticism of this leg- session of the 111th Congress—is be- been thwarted, the tragic shooting at islation and even issued a veto threat. yond the pale. When such drastic and Fort Hood had taken place and our According to the Statement of Ad- draconian measures are taken to shield troops continue to fight two wars, we ministration Policy from July 8 of last their actions from all scrutiny, we can know that the threat of attacks on year: ‘‘The administration has serious only ask ourselves, what exactly are Americans remains a very real threat concerns with a number of provisions they plotting? What exactly are they to us. that would impede the smooth and effi- trying to hide from the American peo- What was so shocking and revealing cient functioning of the intelligence ple? about the attempted attack on Christ- community and that would raise a Mr. Speaker, for the sake of the secu- mas Day was not that al Qaeda re- number of policy, management, legal rity of our homeland and for the sake mains a threat. This much we all and constitutional concerns.’’ That is of a return to the often-promised ac- know. What was most troubling to the the Statement of Administration Pol- countability and transparency, I urge American people was the revelation icy. my colleagues to reject this rule. What that key information was available The statement went on to elaborate we need to do is we need to take a hard that could have prevented Umar Fa- on the bill’s flaws: the serious risk of look at the intelligence failures that rouk Abdulmutallab from ever board- compromising highly sensitive data, have taken place. Let’s ask the hows ing that plane in the first place. the new layers of bureaucracy, the im- and the whys and make the necessary Last month, December 25, as every- pediments to building an intelligence reforms that will ensure that we never one, including the President has ac- workforce for the 21st century, the again have to rely on blind luck to pro- knowledged, the system failed us. If wasted resources. These were not the tect the American people. Mr. Speaker, perhaps most important not for the perpetrator’s failure to accusations, Mr. Speaker of political of all, we must reject this attempt to properly detonate the device and the adversaries; these were the serious shield the Democratic majority’s ac- heroic acts of his fellow passengers, criticisms of President Obama. And they were leveled nearly 8 months ago tions from public view. this attempted attack would have be- With that, I reserve the balance of before a whole host of new challenges come a horrible, horrible tragedy. It my time. was not careful intelligence gathering, made themselves apparent to us. If this Mr. HASTINGS of Florida. Mr. analysis, and coordination that saved was a flawed bill last July, as the Speaker, I yield myself such time as I the people on that plane; it was luck President clearly defined it as being, it may consume. and the quick thinking on the part of is now a flat-out dangerous bill. You know, Mr. Speaker, I appreciate those very courageous passengers. I believe that the American people my good friend from California’s desire Mr. Speaker, the American people will be stunned to learn that the Demo- to address Flight 253; but in my view, rightly began, immediately after cratic majority has chosen, with this his complaints that the bill is outdated Christmas, on Christmas Day and legislation, to simply ignore the grave ignores the rule. The rule makes in thereafter, to ask questions about what new concerns that have been raised in order an amendment by Representative is being done to address this failure recent months. No lessons have been SCHAUER directed at the lessons of that allowed Abdulmutallab to board learned and no new solutions have been Flight 253. that plane. What exactly what wrong? contemplated. The Democratic major- Now, listen, the intelligence commu- How can we fix the system? What can ity’s bold approach is to take up an 8- nity, constituted of 16 elements, is or- we do to ensure that this kind of fail- month-old bill that wasn’t even a good ganic. It is constantly in a state of ure never, ever happens again. idea at the time and, as I said, was change, and there is considerable co- Now, in light of these questions, it criticized harshly by President Obama. ordination and collaboration regarding would seem appropriate that today we The manner in which they are bring- the globe, not just one airplane, not would be considering our annual intel- ing this bill to the floor is just as trou- just one individual. And when you iso- ligence authorization bill. Now is the bling, Mr. Speaker. The Democratic late one individual, like the person time to compile the lessons learned majority will likely claim that a bipar- that was on Flight 253, you do have from the attempted attack on Flight tisan amendment process has been al- that anomaly to show that we are 253, the Fort Hood shooting, the nu- lowed: five Democratic amendments steadily being set upon. But that was merous arrests of would-be terrorists were made in order, four Republican mild by comparison to some of those like Najibullah Zazi and David Headley amendments, and three bipartisan incidents that never make it in the and the continued items that obviously amendments. But what these numbers public realm. we don’t hear about out there. mask is the fact that 21 Democratic I am reminded of the constant saying amendments were included in the man- that success has a thousand fathers, b 1045 ager’s amendments. This not only but failure evidently doesn’t even have Now is the time to take, Mr. Speak- skews the process in a very partisan a mother because anytime there is a er, these new insights and reform our way, but it denies the Members of this failure, the whole community is set intelligence agencies and policies to body representing all Americans, rep- upon, while day after day after day, better protect our homeland and the resenting Democrats and Republicans year after year after year they’re stop- American people, and that has to re- alike, the opportunity to vote on these ping countless attacks on this country main the top priority. That is where all 21 amendments individually based on that go unnoticed, whether it be in the of the attention should be focused. And their merits. We are denied the oppor- field of cyber, whether it be on the bat- yet, inexplicably, we are considering a tunity for transparency and scrutiny. tlefield. We are constantly in that posi- bill today that is nearly 8 months old. What’s worse, Mr. Speaker, is that tion. There have been hundreds of suc- This legislation was reported out of this rule has implications for legisla- cesses to protect our homeland secu- committee in June of last year. It was tion far beyond the intelligence bill at rity. written before any of these recent at- hand. This rule provides a blank check Mr. DREIER. Will the gentleman tacks and attempted attacks took for the Democratic leadership to bring yield?

VerDate Nov 24 2008 01:09 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K25FE7.008 H25FEPT1 dcolon on DSK2BSOYB1PROD with HOUSE February 25, 2010 CONGRESSIONAL RECORD — HOUSE H841 Mr. HASTINGS of Florida. Certainly hearts out, Republicans and Demo- gentleman from Florida and the gen- I will yield to my friend. crats, under the leadership of—friends tleman from California are talking Mr. DREIER. I thank my friend for of mine and yours—Porter Goss, who about who keep us safe. yielding. led this committee, others long before What has happened over the past 7 Mr. Speaker, let me say that I com- Leon Panetta, and the other commit- months since this bill was reported pletely concur with my colleague about tees that don’t even get mentioned at out, as the gentleman from California this notion of our recognizing that day all because most people don’t even mentioned, is that we have had a num- after day—and I had that in my open- know that they have intelligence oper- ber of arrests and attempted attacks ing remarks—day after day we are see- ations. What would happen in this against our homeland; I count eight ing the prevention of the kinds of at- world, what would happen with our al- that have made the papers. Some of tacks that we are all concerned about, lies if we did not have the SIGNET? them we have stopped by the diligent and we congratulate and herald the in- How would we be having the successes work of our intelligence professionals. telligence community for that. I think that we are having in Afghanistan One of them at least was stopped by that what we need to focus on is the today of picking off leaders of Taliban, just pure luck. One of them was not Abdulmutallab situation, the Fort leaders of al Qaeda? stopped at all, and that was at Fort Hood shootings, and the Najibullah All the time it seems to me that all Hood, where a number of people trag- Zazi and David Headley arrests. These that comes out as is, oh, they just took ically lost their lives. things have taken place since this bill out another one, but it doesn’t get In addition, in the last several had any kind of committee consider- played up. If one of them managed to months, the situation in Afghanistan ation last year. And all we are arguing get to Canada and to the United has changed tremendously. We have is, yes, it’s great that some amend- States, then that would be the biggest had increased terrorist threats ema- ments have been made in order—unfor- talk that we would have here in Con- nating from Yemen and Somalia and tunately, it’s a very partisan item to gress. It’s not fair, and fairness to the other places around the world. And yet have 21 amendments included in the intelligence community is as deserving for some reason intelligence was not a manager’s amendment—but we believe as any other parts of our bureaucracy high enough priority, with the leader- very strongly that the committee—and that fail considerably, including this ship of this House at least, to bring you know very well, having worked so institution. this Intelligence authorization bill to hard on that committee, that a lot of Mr. DREIER. Mr. Speaker, will the the floor. work takes place in secrecy, under- gentleman yield for just 1 second? In addition to that, I would say that standably, that in dealing with these Mr. HASTINGS of Florida. I was a number of issues have been much dis- situations, that should happen before going to yield my time, and I ask the cussed in the press and around the bringing a measure of this magnitude gentleman to take his time, but I am country that are very central to the ef- to the floor that even the President more than happy to yield. forts of those intelligence professionals and so many others have acknowledged Mr. DREIER. I thank my friend for to keep us safe. For example, the Presi- is flawed. yielding. And Mr. Speaker, let me just I thank my friend for yielding. dent said he was going to close Guanta- Mr. HASTINGS of Florida. Well, say that I totally concur with abso- namo Bay within 1 year; it hasn’t hap- when you speak of the President’s di- lutely everything my friend just said. pened. What’s going to happen with Mr. HASTINGS of Florida. Well, rections, there were several principal those prisoners now? What happens if matters that the President referenced then, I will just take my time back, an American somehow joins a terrorist in his, as you put it, threatened veto. now that you agree with me. organization overseas? What are his Mr. DREIER. All I want to do is But the veto, more specifically, the rights and what are our responsibilities agree with you. So thank you very principal objection was to the Gang of when we get into that situation? Eight restriction that many of us in much. Mr. HASTINGS of Florida. Mr. b 1100 the committee supported for the reason Speaker, I reserve the balance of my Should there be a complete record of that we think—and thought—that each time. the briefings that were made to Con- of the intelligence members should be Mr. DREIER. Mr. Speaker, at this gress about various antiterrorism mat- advised by the President the same as time, I am very, very happy to yield 4 ters or should those just be selectively those of the Gang of Eight. You know, we use these terms around minutes to the very hardworking and leaked out as is happening now? here. The Gang of Eight are the central diligent and thoughtful ranking mem- Another question: Should we auto- players—the Speaker, the minority ber of the Select Committee on Intel- matically give the Miranda warning leader, the majority leader, and the ligence, our friend from Clarendon, that says you have the right to remain committee Chairs and ranking mem- Texas (Mr. THORNBERRY). silent when a non-U.S. person is ob- bers. That is who that small kernel of Mr. THORNBERRY. I appreciate the tained here in the United States? people are who receive specific infor- gentleman from California yielding to Now, amendments on every one of mation. I hope the public at least un- me. these issues I’ve just mentioned were derstands some aspect of that. I think it is important to step back filed before the Rules Committee, and The point that I was trying to make and put this bill in a bit of context. yet none of those amendments was and will continue to make is—let me The Intelligence Committee reported made in order. give you a for example. In the last H.R. 2701 out of committee on June 26, Why? We have these issues that are month, I have visited our intelligence 2009, by a vote of 12–9 and the Rules central to safeguarding the country. operations in nine countries, including Committee first reported a rule for its Yet the majority does not make those Saudi Arabia, Turkey, Israel, Jordan, consideration here on the floor on July in order. What does it make in order? A Egypt, Ukraine, Germany, just to men- 8, 2009. And yet, from July 8, 2009, until number of reports, as we have dis- tion a few. In each of those places—and today there has not been time found on cussed. there were others that will go the floor to consider this measure. In addition, in the manager’s amend- unmentioned—in each of those places I Now, we did find time to consider the ment, there is a section that, I am learned of immense success and report- Restore Our American Mustangs Act, afraid, illuminates for us all the ap- ing of successes coming back here to we did find time to consider the Chesa- proach that at least some people in the intelligence community and to the peake Bay Gateways and Watertrails this House are taking in this fight President. Nobody talks about that in Network Continuing Authorization against terrorism. I do not believe it the newspaper. Nobody talks about Act, we found time to consider the Cas- represents a number of the members of that in this particular setting. You tle Nugent National Historic Site Es- the Intelligence Committee, who see pick three incidents out of thousands tablishment Act for St. Croix, all under this every day; but in the manager’s of successes and point to a commu- a rule—none of these even included sus- amendment are provisions that apply nity’s failures. I can’t accept that. pensions—but we couldn’t find time to only to intelligence community profes- For 10 years I have watched on this have the Intelligence authorization bill sionals. The provisions say that they committee these people work their in support of the very people that the will go to jail for forcing one to do

VerDate Nov 24 2008 01:09 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K25FE7.010 H25FEPT1 dcolon on DSK2BSOYB1PROD with HOUSE H842 CONGRESSIONAL RECORD — HOUSE February 25, 2010 something that is against one’s indi- selves able to access to the food that he is? In Colorado, in Supermax. Terry vidual religious beliefs. comports with their religious require- Nichols, the Oklahoma City bomber, is The SPEAKER pro tempore. The ments and also the other cir- in this prison. Richard Colvin Reid, the time of the gentleman has expired. cumstances. Islamic terrorist, nicknamed the ‘‘Shoe Mr. DREIER. I am happy to yield to One thing that is great about Amer- Bomber,’’ who also came through our my friend an additional 2 minutes. ica is that we do have values, and one regular system under the aegis of the Mr. THORNBERRY. I appreciate the thing that is great about us in handling previous President, is in this prison. gentleman for yielding. others, even much better than they Eric Robert Rudolph, convicted of the Now, remember, we can’t have de- even ever consider us, is that those val- 1996 Olympic Park bombing, is in this bates on serious issues regarding Guan- ues manifest themselves in the treat- prison. Dwight York is in this prison. tanamo, Miranda rights and other ment of persons who are our enemies. Ramzi Yousef, of the World Trade Cen- things. What is hitting in this blizzard Now, I am going to try with this doc- ter bombing, is in this prison. of reports are several pages which say, ument here to put to rest this not-in- Enough of this ‘‘not in my back- if our intelligence professionals try to my-backyard argument that I continue yard.’’ We can hold these people. get information from a terrorist in to hear from my colleagues about H. Rap Brown is in this prison. order to prevent future terrorist at- Guantanamo. Thomas Silverstein, convicted of mur- tacks and if they don’t give him the I first want to commend to my col- dering a Federal correctional officer, is proper amount of sleep, our intel- leagues H.R. 3728, the Detainment Re- in this prison. Luis Felipe, founder of ligence professionals will go to jail. form Act of 2009, which I filed, and I the Almighty Latin Kings and Queens If they do anything that violates how would urge them to look at it and to Nation, is in this prison. Howard the terrorist sees his religious rights, look at the detention criteria and at Mason, a drug trafficker, who ordered without any standard of reasonable- the ways to process detainees, as well the murder of Police Officer Eddie ness, without any standard to judge it as the reporting requirements that Byrne, is in this prison. A leading by—it’s like, if the terrorist says, My transpire. I will not take the time now member of the Aryan Brotherhood, religion requires me to have a Big Mac to go into detail, but that measure is Barry Mills, is in this prison. every day. If we don’t give him that sitting here, and any one of them can So what are you all talking about Big Mac, we are violating this provi- join it. I have no pride of authorship, when you stand around and tell people sion, and our intelligence professionals and I’ve said to Members on the other that we can’t hold people in this will go to jail. side and on our side that, if there is Supermax prison? We can hold them in There are provisions which say sub- something they can add or detract, Guantanamo. We can hold them in jecting a terrorist to prolonged isola- then please do so. Supermax, and we can do everything tion will cause our intelligence profes- Regarding where you put people that is required of us as a nation in sionals to go to jail. How many county whom we hold and somehow or another order to protect ourselves in that re- jails and State prisons in the country the thought being that we can’t try gard. could operate under this standard? I people in our Federal system or, for Yet what has happened in this insti- would say none. This provision will that matter, if we have a situation tution is you have given the American treat terrorists more gingerly than where every detainee must be tried in people a chance to believe that they those in our criminal defense system. military commissions, according to should be afraid if you hold them in So, Mr. Speaker, unfortunately, what some, well, let me tell you some of the certain institutions in your neighbor- this rule does is it avoids the debates people whom we hold in one prison hoods. Well, they come through your on the substantive issues. Yet there is today. neighborhoods an awful lot, and you this thread, which I don’t believe the According to the Bureau of Prisons, evidently don’t know about it. I, per- President seems to share—perhaps ADX Supermax in Florence, Colorado, sonally, am just a little tired of your some in his administration do, and per- has a capacity of 490 inmates. There not-in-my-backyard attitude about haps a few people in this Congress do— are currently 445, leaving 45 cells avail- this particular system. We can hold a thread of antagonism against our in- able. I can assure you anybody in terrorists, and we can hold criminals, telligence professionals which says we Guantanamo could be transferred here and we’ve been doing it all of my adult are going to prosecute them, as the with no threat to Florence, Colorado. career, and that’s 50 years as a lawyer. Justice Department is investigating, No one has ever escaped Supermax. I reserve the balance of my time. and that we are going to send them to Supermax officers are some of the best Mr. DREIER. Mr. Speaker, let me jail if they don’t coddle these terrorists trained in the Nation, and current and just say that my friend from Gold in the appropriate way. former inmates include—let me just River, California, has been attempting I think that reflects a lack of seri- give you some of these people: to engage in a colloquy with my friend. ousness with this measure, and that is Anthony Casso, a mobster and former I yield 3 minutes to the gentleman sufficient reason to reject this rule. underboss of the Lucchese crime fam- from Gold River, California (Mr. DAN- Mr. HASTINGS of Florida. Mr. ily, is at this prison. Wadih el-Hage, a IEL E. LUNGREN), and I am sure that he Speaker, I have listened to my col- coconspirator in the 1998 United States will yield to the gentleman from Fort league, who is an absolutely brilliant Embassy bombings, is in this prison. Lauderdale if he would like to respond member of the intelligence commu- Matthew Hale, a white supremacist in any way. nity, and he has provided continuing leader convicted of soliciting the mur- Mr. DANIEL E. LUNGREN of Cali- and dedicated service for the period of der of a Federal judge, is in this prison. fornia. Mr. Speaker, the gentleman time that he and I have served on the Larry Hoover, the leader of the Gang- asked: Why? committee together. There is one ster Disciples Nation, based in Chicago, Well, you know, it’s not just in my thing, I think, I know a little bit more is in this prison. Jeff Fort, the co- backyard. I don’t want them in any about than he does, and that is our founder of the Black P. Stones gang in American’s backyard. Guess what? The prison system, and that is for the rea- Chicago and the founder of its El Rukn American people agree with me. son that I participated, as a State and faction, is in this prison. Omar Portee, That’s why Mr. KING and I went be- a Federal judge and then as a lawyer, the cofounder of the United Blood Na- fore your committee, to ask permission in dealing with circumstances in our tion, is in this prison and has never es- if we could possibly debate this issue prisons. caped. Theodore Kaczynski, the on the floor. Everything you just said Our colleague suggests that detainees Unabomber, is in this prison in Colo- is part of a debate that could take are treated in a certain way, and those rado. Juan Matta-Ballesteros, the drug place, and we could resolve it, but the particular things—for example, food trafficker and coconspirator in the Rules Committee decided, in their infi- and the length of the hair or religious Enrique Camarena case, is in this pris- nite wisdom, not to allow us to debate convictions—have been litigated ad on. Zacarias Moussaoui—remember that on the floor. nauseam in the United States. I can as- him? He was tried in our regular sys- Mr. KING’s and my amendment did sure you that persons who are in cus- tem as a coconspirator in the Sep- one simple thing. It said that those tody in the United States find them- tember 11, 2001, attacks. Guess where who are currently in or in the future

VerDate Nov 24 2008 02:34 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K25FE7.012 H25FEPT1 dcolon on DSK2BSOYB1PROD with HOUSE February 25, 2010 CONGRESSIONAL RECORD — HOUSE H843 will be in Guantanamo Bay will not be destroy us by terrorism. The way we The SPEAKER pro tempore. The transferred to U.S. sovereign territory act suggests to the American people time of the gentleman has expired. for any trials. That is, they will stay at this is not on the top of our priority Mr. HASTINGS of Florida. I yield the Guantanamo with the specially created list but on the bottom. gentleman an additional 30 seconds. courtroom that we have there—abso- Later, we are going to have the rule Mr. PERLMUTTER. We take respon- lutely secure—under the Military Tri- on the PATRIOT Act. Why? Because, sibility for those things that Ameri- bunal Act, which we, the Congress, within a couple of days, three provi- cans have to deal with. We don’t like passed in 2005. sions of the PATRIOT Act are set to dealing with it. You don’t like dealing I mean that’s the answer to your expire. with it. But we have to. So we’re pre- question, but it must seem strange to Monday, we rushed in here. We had pared. In our court system in America, the American people that the majority an extra day of voting. What did we do? whether it’s in New York or Colorado would be afraid, seemingly, to allow us We worked to rid the country of the or Texas or California, we have good to debate that with real consequence. scourge of unnamed post offices. We judges. We have good people that work You can allow us to debate that in the were here to make sure that—man, in our Bureau of Prisons. We can han- rule, knowing it has no consequence. we’ve got to find some more post of- dle this. The real consequence would be if we fices to name. Mr. DREIER. Mr. Speaker, I yield had an opportunity for the American Why couldn’t we give additional time myself such time as I might consume. I would first say in response to my people to actually be heard by way of to allow amendments that are serious good friend from Colorado, Mr. LUN- legislation. in nature and that the American people GREN has just reminded me that the It is interesting that you did make in want us to deal with on this floor? But moment one of these individuals is on order the manager’s amendment, which no. Once again, the Rules Committee American soil, they have enhanced will give newly established rights, by has said we are not going to allow it, rights that they would not otherwise way of penalty, to our members of the but we are going to incorporate in the have. intelligence community if they would manager’s amendment an amendment I would like to engage in a colloquy dare deprive one of these individuals of which actually provides greater rights with the very distinguished ranking sleep or if they would isolate them for to those who are being held and put at member of the Select Committee on In- too long a period of time—neither one jeopardy our intelligence community. telligence to discuss one of the amend- of them defined in the statute. Mr. HASTINGS of Florida. Mr. ments that unfortunately will not see So what we have done is we have said Speaker, before yielding to my good the light of day, that we will not have we will continue to ignore the Amer- friend on the Rules Committee, I would the opportunity to debate other than ican people who have said loudly and just like to comment regarding my in the context of the overall manager’s clearly, We do not want Khalid Sheikh good friend, Mr. LUNGREN’s comments. amendment, which included 21 amend- Mohammed and his confederates to Mr. LUNGREN, there have been three ments from our Democratic colleagues, come to New York. We do not want people who have been convicted in including the McDermott amendment. those in Guantanamo to come to the military commissions, and two of them Now, the McDermott amendment, United States. are already free. During that same pe- which was discussed by my friend from I find it strange that the gentleman riod of time, under President Bush’s Clarendon, is an amendment that pro- from Florida would compare H. Rap administration and under in President vides basically carte blanche, an oppor- Brown to a terrorist involved in a ter- Obama’s administration, more than 300 tunity for any individual, one of these rorist network. He doesn’t under- people have been convicted in our civil- barbarians, to claim for religious rea- stand—I know he does understand. I’m ian courts. sons that they are being mistreated. sure it was a rhetorical device the gen- b 1115 The moment I heard the word ‘‘Big tleman was using—the difference be- Mac’’ come forward from my friend And you’re correct. I was using the tween someone who is an American cit- MAC THORNBERRY, I have to say who’s izen and the rights that he has versus people in the Supermax to make the my Big Mac, but I thought, my gosh, someone who happens to be a noncit- point no matter who they were, wheth- someone could actually claim that izen—in fact, an unlawful enemy com- er they were Zacarias Moussaoui, who being denied a Big Mac would be cruel batant. There is a distinction that has certainly isn’t an American citizen, or and unusual punishment? And I’ve got always been known in our courts, and countless others, that we can hold to say as I look at the litany of items the idea that we are going to extend them and that they can’t escape. The on here, including exploiting phobias of the full parity of constitutional rights fear some seem to think is that they the individual, I just don’t understand to someone whose only connection would escape. it. And I wonder if my friend might fur- with the United States is that that per- Mr. Speaker, I yield 1 minute to my ther enlighten us on this. son was captured on the battlefield, at- colleague on the Rules Committee, the I’m happy to yield. tempting to kill Americans, is incon- distinguished gentleman from Colorado Mr. THORNBERRY. I thank my sistent with the history of this Nation (Mr. PERLMUTTER). friend for yielding. and is inconsistent with all of the deci- Mr. PERLMUTTER. I won’t take the Let’s start with a bit of context. Re- sions of the Supreme Court. 1 minute. member, the Army field manual has The SPEAKER pro tempore. The I’d say to my friend from California, been published so that terrorists all time of the gentleman has expired. in Colorado we were asked to take over around the world know what we will Mr. DREIER. May I inquire of the the trial of Timothy McVeigh, who had and will not do to them. This will take Chair how much time is remaining on blown up an office building in Okla- it another step forward and actually both sides before I yield to my friend homa. He didn’t do it in Colorado. But give terrorists more rights, more con- from Gold River? we said okay, we’re part of this coun- sideration than ordinary criminals in The SPEAKER pro tempore. The gen- try. We’re part of America. We have a our criminal justice system. tleman from California has 13 minutes responsibility. We don’t know what For example, it is not unusual, I sus- remaining. The gentleman from Flor- kind of crazy people are going to come pect, for the FBI to interrogate some- ida has 7 minutes remaining. and try to disrupt or harm our judges, one accused of a crime, perhaps involv- Mr. DREIER. I yield an additional 1 our people that worked in the prisons ing murder, to say you’d better cooper- minute to my friend from Gold River, or the like, but we took that responsi- ate with us or you may get the death California. bility. We weren’t afraid of that re- penalty. That would be illegal under Mr. DANIEL E. LUNGREN of Cali- sponsibility. And our judicial system, this amendment. As a matter of fact, fornia. So we have right now, taking our Federal judges, handled that mat- the intelligence professional who says place across the street from the White ter, I think, in a very fair, fine, and that under this amendment would go House, a summit on health care. We proper manner. We did it because to jail for 15 years because you cannot should be having a summit today on that’s who we are. And we’ve taken threaten the use of force. the intelligence community, in our ef- prisoners into our supermax who are The gentleman’s correct; there is no fort against those who would wish to terrorists by anybody’s definition. standard of reasonableness for what

VerDate Nov 24 2008 02:34 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K25FE7.014 H25FEPT1 dcolon on DSK2BSOYB1PROD with HOUSE H844 CONGRESSIONAL RECORD — HOUSE February 25, 2010 they would classify as your religious I urge my colleagues to support the to be a part of the most transparent practice, so I can classify as my reli- rule and the manager’s amendment. and open government in United States gious practice anything I say. And the Mr. DREIER. Mr. Speaker, at this history. Imagine being a part of the intelligence professionals have to cod- time I yield 3 minutes to a very most transparent and open government dle to that or they could go to jail. It thoughtful new Member who has ex- in United States history. And yet is an outrageous inversion of our prior- pended a great deal of time and energy today, ladies and gentlemen, tax- ities, I think, Mr. Speaker, where we trying to ensure that we can at least payers, voters, not just in the State of care more about coddling the terrorists have a debate on the issue of bringing Illinois where these terrorists are sup- than we do about protecting the Amer- terrorists onto U.S. soil, my friend posed to be coming, but every Amer- ican people. from Peoria, Mr. SCHOCK. ican—— Mr. DREIER. I thank my friend for Mr. SCHOCK. I thank my good friend The SPEAKER pro tempore. The his contribution. from California for the time. time of the gentleman has expired. He just reminded me that the speech What a novel idea. The United States Mr. DREIER. Mr. Speaker, I yield 30 that everyone heard, what was de- House of Representatives would debate seconds to my friend from Illinois. scribed as the ‘‘Scott heard ’round the the power of a good idea. Mr. SCHOCK. Thank you. I’ll wrap world’’ when we saw Scott Brown elect- You know, in my short 1 year in this up. ed to the United States Senate seat in body, it’s amazed me how many amend- Ladies and gentlemen, it’s real sim- Massachusetts, the line that came to ments have come before this body at a ple. In the most transparent and open the forefront was, I want to make sure straight up-or-down party vote. Repub- government in United States history, that my tax dollars are expended on licans vote one way and Democrats shouldn’t the American people know fighting against these terrorists rather vote another. what we know? than expending our tax dollars defend- We live within the confines of major- Mr. HASTINGS of Florida. Mr. ing these terrorists. And the ity rule. It’s something that our voters Speaker, I’d inquire if my colleague McDermott amendment takes and ex- and taxpayers live with. It’s something has any remaining speakers. I’m the pends more time and effort and energy that we in this body live with. But I last speaker for this side, and I will rein defending them. And, unfortunately, think there’s something that almost serve my time until the gentleman the only discussion that we will have everyone that I represent in my dis- closes. Mr. DREIER. Let me say to my on this, Mr. Speaker, is during consid- trict abhors, and that is the notion friend that I anxiously look forward to eration of the rule because we’re not that the power of a good idea is not al- his spellbinding closing remarks that going to have a chance to vote on this lowed the form of debate in this body I’m sure we’ll all be able to benefit amendment other than its being in- and is not allowed a straight up-or- from, but I have one other speaker and cluded in the overall manager’s amend- down vote for each Member to cast his ment with 20 other amendments being then I’ll close and look forward to sit- or her vote based on the best interests ting patiently and listening to my included. of their districts. And for that reason, Mr. Speaker, I reserve the balance of friend. Mr. Speaker, I offered three what I Mr. Speaker, at this time I am happy my time. thought were thoughtful amendments to yield 21⁄2 minutes to a hardworking Mr. HASTINGS of Florida. Mr. specifically dealing with the proposal Speaker, I continue to have to teach member of the Intelligence Committee, to move the much-talked-about Guan- law here, and I never wanted to do a veteran of the FBI, the gentleman tanamo Bay detention facility to my that. from Brighton, Michigan (Mr. ROGERS). The language in the manager’s State in Illinois. Mr. ROGERS of Michigan. Mr. I might add, Mr. Speaker, that this amendment restates existing criminal Speaker, something fundamentally dif- wasn’t just an idea that I had, but law prohibitions like those in the De- ferent has happened in the last year. rather, I was joined by every single tainee Treatment Act and clearly es- We have fundamentally changed the member of the Illinois delegation on tablishes that the United States will way we deal with terrorists in the adhere to the rule of law, and that’s my side of the aisle. They felt this was United States. We should absolutely whether a person is in Guantanamo or important enough to allow both sides fully have that debate on the policy of whether they are in Colorado. to be able to debate this issue, both that switch. Why? Because it has had That said, at this time I yield 1 sides, each individual Member, a tremendous consequences. minute to the distinguished gentle- straight up-or-down vote. Think about this: The CIA officers woman from New Hampshire (Ms. Now, what is it that we wanted each who, given direction by the Depart- SHEA-PORTER). Member to be able to vote on? Well, la- ment of Justice, interrogated and de- Ms. SHEA-PORTER. Mr. Speaker, I dies and gentlemen, there’s been much briefed and got some 70 percent of what would like to thank the chairman for talk about moving all of these pris- we know about al Qaeda through their his hard work on the underlying bill. oners, close to 100 of them, from Gitmo debriefings, are now being treated as As a member of the House Armed to the center part of our country, in criminals. Foreign-trained criminals Services Committee, I know just how the Midwest, in Illinois, and the idea are being brought to the United States important it is to focus on vulnerabili- that somehow that will make us safer and being treated as Americans. ties in the global supply chain, and I’m as a Nation by moving those terrorists The fact that we would take a ter- glad that my amendment was included to our country. Yet one of the ques- rorist off a plane who had just at- in the manager’s amendment. tions that continually is asked of me, tempted to kill some 300 people and the My amendment broadens review of as well as my colleagues who represent people on the ground and say you have global supply chain vulnerabilities to the State of Illinois, is who are these the right to remain silent—wrong. You include the risks not only from coun- people? What are their names? Why are don’t. I need to know if there’s any- terfeit products but from original prod- they being held? What acts of terror body else out there. I need to know ucts. Considering the number of foreign have they attempted or committed where the training camp was. I need to state-owned or state-invested enter- against our country? know a name of an airline you may prises in the technology industry that So our amendment was very simple. have heard while you were training in manufacture products for our market, It said this: The American people a place like Yemen to come to the original products present serious risks ought to know what we know. If the United States on a combat mission and to our defense and intelligence sys- American people are supposed to weigh kill Americans. They should be treated tems. in to their elected representatives to as enemy combatants. That’s exactly The amended review also assesses the say, yes, we think it’s a great idea for who they are. And when you make this impact of the provision of services by Guantanamo Bay to come to Illinois, fundamental switch from a proactive foreign-owned companies, which also don’t you think they should have the intelligence approach to keep them at creates vulnerabilities in the supply of information to make an educated deci- bay to a law enforcement effort to parts and equipment, causing increased sion? After all, I sat in this front row a bring them to the United States, it will vulnerability to cyberattack on our in- year ago and listened to the Speaker of have negative consequences for the na- telligence systems. this House talk about how I was going tional security of the United States.

VerDate Nov 24 2008 01:09 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K25FE7.016 H25FEPT1 dcolon on DSK2BSOYB1PROD with HOUSE February 25, 2010 CONGRESSIONAL RECORD — HOUSE H845 To not allow the amendments—I Mr. SCHOCK’s very thoughtful amend- very proud of the fact that there is a have had many and many of my col- ment to deal with the issue of should summit on health care going on at the leagues here who had amendments to we give enhanced rights to these people White House at the same time that we debate and talk about these very seri- who have perpetrated terrible acts are discussing the authorization bill, ous issues. There is a reason that they against us? Bring them onto U.S. soil, and that I am getting ready to leave couldn’t wrap up the fact that there which would make that happen? We here and go to a jobs task force, which was a shooting at Fort Hood and the think we should have a chance to de- I believe is high on the minds of the Christmas Day bomber. There’s a rea- bate that issue. Should we take the 21 American agenda, which proves that son that happened. Because when you amendments that our Democratic col- we really can do legislation, prepare bring in law enforcement, it slows leagues have offered, including my legislation, chew gum and walk at the things down. friend, Mr. MCDERMOTT, who has an same time. We are an incredible lot of amendment that dramatically en- people we are, and just like that we can 1130 b hances the power of those individuals also secure this Nation, as this bill They stop providing information who have either tried or have per- does in high kind. until their lawyer can cut their best petrated terrible acts against us and But I am going to say to you all one deal possible. This can’t be about law- provides them new defense? more time, enough of the business yers in the back room cutting good Again I mentioned SCOTT BROWN ear- about not in my backyard. If I didn’t deals for foreign-trained terrorists try- lier. And what resonated from his ac- dispel it today, I will see you another ing to kill Americans. It has to be ceptance speech when he won the elec- time on the floor to have you under- about the protection of every citizen in tion was that we shouldn’t be expend- stand just how extraordinary the Fed- the United States and our allies ing our taxpayer dollars on defending eral judiciary is, just how extraor- abroad. When we lose that focus, we these terrorists. We should be expend- dinary the intelligence community is, will lose the ability to stop everyone ing our taxpayer dollars to fight to and just how important it is to our Na- that comes to these shores. make sure they never, ever pose a tion’s security that we allow them to And if our new program is we are threat against us. This is a terrible function accordingly. going to catch them at the airport by rule. It is a terrible rule because it de- With that, I yield back the balance of spending lots more money, we are nies the opportunity for debate. And my time, and I move the previous ques- going to lose this fight. We need to get the bill itself needs to be reworked by tion on the resolution. the Select Committee on Intelligence. The previous question was ordered. them in Yemen, in Saudi Arabia, in the The SPEAKER pro tempore. The tribal areas of Pakistan, and wherever Mr. Speaker, we can do better. I urge my colleagues to reject it. Let’s do the question is on the resolution. else they train, they finance, and they The question was taken; and the right thing. commit themselves to an act of combat Speaker pro tempore announced that to kill U.S. citizens. Mr. HASTINGS of Florida. Mr. Speaker, this is a responsible bill that the ayes appeared to have it. Mr. HASTINGS of Florida. I reserve Mr. DREIER. Mr. Speaker, on that I will enhance vital human intelligence the balance of my time. demand the yeas and nays. Mr. DREIER. Mr. Speaker, I yield collection, fill the critical gaps in our The yeas and nays were ordered. myself the balance of my time. intelligence-gathering activities, au- The SPEAKER pro tempore. Pursu- The SPEAKER pro tempore. The gen- thorize significant investment in our ant to clause 8 of rule XX, further pro- tleman from California is recognized Nation’s cybersecurity capabilities, as ceedings on this question will be post- well as provide much needed reform by for 21⁄2 minutes. poned. forbidding the CIA’s practice of out- Mr. DREIER. Mr. Speaker, we all f know where the eyes of the American sourcing interrogation to private con- PROVIDING FOR CONSIDERATION people are focused right now, and it is tractors operating outside the law. OF SENATE AMENDMENTS TO not here on the House of Representa- It is unfortunate that we live in a H.R. 3961, MEDICARE PHYSICIAN tives. They are focused down across the dangerous and different world, where PAYMENT REFORM ACT OF 2009 street from the White House at the we must always be vigilant of those Blair House, where the health care who wish to cause harm to others. This Mr. PERLMUTTER. Mr. Speaker, by bill is critical to addressing the many summit is taking place. I have no idea direction of the Committee on Rules, I challenges we face within the intel- how it is going. We have been man- call up House Resolution 1109 and ask ligence community. aging this debate on an issue that is of for its immediate consideration. I want to take this moment of per- The Clerk read the resolution, as fol- paramount importance. sonal privilege to thank Chairman The five most important words in the lows: REYES and the staff of the House Select H. RES. 1109 middle of the preamble to the U.S. Con- Committee on Intelligence, the Repub- stitution I regularly say are ‘‘provide Resolved, That upon adoption of this reso- lican and Democratic staff, for their lution it shall be in order to take from the for the common defense.’’ We need to extraordinary hard work and dedica- recognize that this is priority number Speaker’s table the bill (H.R. 3961) to amend tion in helping to see this excellent bill title XVIII of the Social Security Act to re- one, our Nation’s intelligence. Umar to fruition. form the Medicare SGR payment system for Farouk Abdulmutallab, Najibullah Four years is far too long for the in- physicians and to reinstitute and update the Zazi, David Headley, these are names telligence community to go without Pay-As-You-Go requirement of budget neu- that have come to the forefront be- guidance from its oversight commit- trality on new tax and mandatory spending cause these individuals pose a threat to tees. I believe we should get an author- legislation, enforced by the threat of annual, automatic sequestration, with the Senate the United States of America. ization bill passed and on the Presi- There is no issue that is more impor- amendments thereto, and to consider in the dent’s desk for signature into law. House, without intervention of any point of tant for us to be focusing on. Mr. LUN- There is going to be added general de- order except those arising under clause 10 of GREN said earlier rather than having a bate. But when I listened to my col- rule XXI, a single motion offered by the 6-hour summit on the issue of health league, who is my good friend, I kind of chair of the Committee on the Judiciary or care, which we all acknowledge is im- feel like that all of the labor on both his designee that the House concur in the portant and needs to be addressed, the sides, including speakers that I served Senate amendments. The Senate amendments shall be considered as read. The mo- attention should be focused on national with on that committee, Mr. THORN- security. And unfortunately, it is not tion shall be debatable for one hour equally BERRY and Mr. ROGERS, we have divided and controlled by the chair and rank- only not being focused on, but what we worked very actively to get us to the ing minority member of the Committee on are doing here today is taking a flawed position that we are in with reference the Judiciary. The previous question shall be bill from July of last year, 8 months to this authorization bill. There have considered as ordered on the motion to its old, that was maligned and criticized been agreements and there have been adoption without intervening motion or de- by the statement of administration disagreements. And there are always mand for division of the question. policy from President Obama, and what things that can be added. The SPEAKER pro tempore. The is it we have done? We have denied The responsibility of the Rules Com- question is, Will the House now con- amendment after amendment. mittee is to move the agenda. I am sider the resolution?

VerDate Nov 24 2008 02:34 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\K25FE7.017 H25FEPT1 dcolon on DSK2BSOYB1PROD with HOUSE H846 CONGRESSIONAL RECORD — HOUSE February 25, 2010 The question was taken; and (two- targets. These are suspects who are en- willing to go to the lengths that are ex- thirds being in the affirmative) the gaging in or preparing for inter- pected of anybody who wants to pro- House agreed to consider the resolu- national terrorism activities, but don’t tect their own homeland. tion. necessarily have ties to a larger orga- Earlier this week, Ranking Member The SPEAKER pro tempore. The gen- nization, such as a terrorist group or a LAMAR SMITH of the Judiciary Com- tleman from Colorado is recognized for foreign nation. The provision does not mittee, the gentleman from San Anto- 1 hour. apply to any U.S. citizen or illegal im- nio, Texas, urged Democrat leaders, as Mr. PERLMUTTER. Mr. Speaker, for migrant. These three programs are we did not know whether this bill purposes of debate only, I yield the cus- vital tools our Nation cannot let ex- would come forward, to extend those tomary 30 minutes to the gentleman pire. expiring provisions, stating: ‘‘Congress from Texas (Mr. SESSIONS). All time With that, I reserve the balance of has a duty to protect the American yielded during consideration of the rule my time. people. Failing to reauthorize our na- is for debate only. I yield myself such Mr. SESSIONS. Mr. Speaker, I appre- tional security laws in a time of time as I may consume. ciate the gentleman from Colorado for heightened threat is reckless.’’ GENERAL LEAVE yielding me the time, and I yield my- These were the types of public com- Mr. PERLMUTTER. I also ask unani- self such time as I may consume. ments that Republicans are making mous consent that all Members may be Mr. Speaker, I rise in strong support about the need to make sure that we given 5 legislative days in which to re- of the bill that is with us today. The press this body to get done its job with vise and extend their remarks on House safety of this Nation, protecting Amer- those processes. Resolution 1109. ica from terrorists, is of high and vital Yesterday, up in the Rules Com- The SPEAKER pro tempore. Is there concern not only to this Member, but I mittee, the gentleman, MAC THORN- objection to the request of the gen- think every single Member, as we have BERRY, also from Clarendon, Texas, tes- tleman from Colorado? been reminded time after time that we tified in the Rules Committee about There was no objection. cannot take our eye off the ball, that the importance of extending the expir- Mr. PERLMUTTER. Mr. Speaker, the security of this country is a job ing PATRIOT Act provisions at the House Resolution 1109 provides for con- that must be done all day, every day, time we were debating the Intelligence sideration of the Senate amendments by a group of savvy professionals that bill. I thought that Mr. THORNBERRY to H.R. 3961, extending expiring provi- I believe we presently have in this was well on point, was thoughtful, was sions of the USA PATRIOT Improve- country. It is a combined effort of not articulate about the significance of ment and Reauthorization Act. only law enforcement and intelligence, providing the necessary debate on im- The rule makes in order a single mo- but also it involves bright minds from portant issues and amendments. tion by the chair of the Committee on this body also. I think we just had a debate here on the Judiciary to concur in the Senate Today what we are here to do is to the floor where we went through how amendments. The rule waives all consider reauthorization of the USA these issues need to be talked about in points of order against consideration of PATRIOT Act. This act was done 9 this body and every single Member the motion except clause 10 of rule years ago, 9 years ago when our Nation needs to understand them as a result of XXI, and provides that the Senate was struck. It was crafted in such a their constitutional duty to protect amendments shall be considered as way that there were provisions, ideas, and defend, not just our Constitution, read. thoughts that we did at the time where but this country. And I wholeheartedly Finally, the rule provides 1 hour of we said we need to make sure they are agree with his assessment when he said debate on the motion, equally divided reauthorized, that these ideas are we need to provide the intelligence and controlled by the chair and rank- looked at, where we go through the community with the appropriate tools ing minority member of the Committee processes and see what happens not to protect this Nation. on the Judiciary. only with our own effectiveness with Yesterday, the Senate passed this The Senate amendments to H.R. 3961 the law, but also how our intelligence legislation by voice vote; confirming extend for 1 year several expiring pro- agencies are nimble enough to adapt the importance of acting immediately. visions essential to our fight against themselves to make these changes. Look, I’m just for getting it done. I’m terrorism. One of these provisions al- At the same time I say I am for this, just for getting it done. If the Senate lows authorities to seek court orders it is unfortunate that my friends on wants to do it by voice vote, that’s for business records or any intangible the Rules Committee, my Democratic fine. thing related to a terrorism investiga- colleagues, continue to deny the mi- Today we are here on the floor to tion. Another expiring provision reau- nority due process by not allowing us talk about the three provisions that thorizes wiretaps on terrorism suspects to offer a motion to recommit. Time were set to expire. They were set to ex- so that law enforcement officials do and time again Republicans are shut pire because the previous Congresses not have to file multiple applications out of the amendment process, forcing have said we needed to have an active when a terrorist disposes of phone after us to simply accept what comes for- debate on these issues, like to talk phone or shifts from one communica- ward. about them, allowing the government tion device to another. Otherwise, ter- to seek court orders for roving wire- rorists could use multiple devices or b 1145 taps on terrorism suspects who shift frequently change cell phone numbers I encourage my friends on the other their modes of communication. or carriers, with the aim of interfering side of the aisle to stop restricting this Mr. Speaker, if there’s one thing we with surveillance efforts under FISA. process in the House. learned, the enemy is smart and nimble The Justice Department has said Almost 9 years ago, as I stated, Con- and quick. They adapt themselves to that this provision has proven an im- gress passed this PATRIOT Act, bipar- the way we do business. We need to portant intelligence-gathering tool in a tisan support, at a time that was very give our intelligence agencies the abil- small but significant subset of FISA difficult not only for us to see that ity to be nimble, quick and to adapt electronic surveillance orders. The gov- enemy that was at us, but also for us to themselves also. Glad this is being ernment cannot use this authority understand more clearly how we should redone just in time. lightly. It must provide specific infor- respond, and this Nation did respond. To allow investigators to obtain a mation that the suspect may employ We responded with a PATRIOT Act Foreign Intelligence Surveillance Act countersurveillance activities. that was specific in nature that al- court order to procure certain records Finally, the Senate amendments we lowed intelligence agencies to stand a in national security investigations, are considering today will extend for 1 chance to fight those against us. you’ve heard this said for a long time. year a provision first enacted in 2004 This legislation was and still is vital The people who are trying to protect that allows the government to apply to to our intelligence capacity and our de- this country are few in number, and the Foreign Intelligence Surveillance sire to show the enemy that we’re will- the cases against them are very large. court, the FISA court, for surveillance ing to fight, that we’re willing to stand The number of people who are seeking orders involving suspected lone wolf up and protect this country, that we’re to turn our country into another war

VerDate Nov 24 2008 01:09 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\K25FE7.020 H25FEPT1 dcolon on DSK2BSOYB1PROD with HOUSE February 25, 2010 CONGRESSIONAL RECORD — HOUSE H847 zone where civilians are killed, where that we talked about today, not ex- primary issue. It’s almost as an after- planes are blown up out of the sky, tending them for one more year, but to thought. Just before we leave for where we have inundation of our na- make them permanent to give our Christmas, we extend it for 2 months. tional security efforts, as well as cy- guys, our team, our men and women Now, we’re within 3 days of it expiring, bersecurity, are numerous. We need to who are engaged in the professional as- we extend it for a year. Forgive me, make sure our investigators have a pect of protecting this country, the but it almost sounds like we’re treat- clear understanding about the rules tools which they need to protect this ing it like a burp after a big meal, and are able to receive information in country. something we’re kind of embarrassed a legal process. Mr. Speaker, at this time I will re- about, something that happened, sort Lastly, to allow the government to serve the balance of my time. of involuntarily, as if we don’t have apply special court surveillance orders Mr. PERLMUTTER. Mr. Speaker, I control of this. involving suspected terrorists that are am in agreement with my friend from I’ve said on this floor before that called ‘‘lone wolf’’ terrorists who do Texas that this rule ought to be passed we’re certainly making sure that no not necessarily have ties to larger or- and we ought to move forward right post office in America goes unnamed or ganizations. now. So I don’t have any other speak- un-renamed. But at the same time, we I think the gentleman, Mr. ROGERS, ers. I’m going to reserve the balance of deal with this issue, which is crucially made a point here from the Intel- my time. important. ligence Committee that our ability to I’d ask my friend from Texas how Our Judiciary Committee considered be able to see this for what it is, many people he expects to have speak- the reauthorization of these provisions; whether it’s a part of a larger terrorist ing on his side. and we reauthorized, by our bill, the group or whether it’s a lone wolf acting Mr. SESSIONS. I would appreciate business records section. We reauthor- on his own, that we need to be able to that. And in a colloquy, if the gen- ized the roving wiretap provision, al- make sure that we can fully vet these tleman would allow me the time since though we made some changes in that individuals before shutting them down he has indicated he has no further from current law, which I did not sup- and allowing them just to be treated as speakers, I will go ahead and consume port, but nonetheless, that was it. But a person who’s committed a crime. We my time with the knowledge that he we failed to extend the lone wolf provi- need to be able to see that which is would then be ending very quickly. sion. And let me tell you the thinking aimed at this country and to fully vet And I thank the gentleman very, very on that. them. much. The argument was, we didn’t need When people who are overseas terror- Mr. Speaker, I am going to go ahead the lone wolf provision because it had ists come into this country by lying to and proceed using up all my time at never been used. What’s the lone wolf us about why they would be coming this time with the knowledge that he provision? It allows us to apply the in- and their intents, we need to be smart will be through. telligence-gathering authorities that enough and nimble enough to pick Mr. Speaker, at this time we have we have in the overall law to individ- these up. the gentleman from Gold River, Cali- uals that we cannot, at that point in Each of these provisions are used by fornia, a gentleman, Mr. LUNGREN, who time, determine are actually involved law enforcement officials and intel- has served as not only a Member of this with a foreign country, that is, associ- ligence agents to prevent terrorist at- body, then went back to California, ated with a foreign country, or with a tacks. By reauthorizing these provi- served as the Attorney General from known terrorist organization. And so sions today, which my party, the Re- the State of California. He’s a very they said it had never come up before. publican Party, fully supports, we be- thoughtful Member. He sees very clear- So we failed to vote it out of Judiciary lieve, for an additional year, will pro- ly the laws of this country and the Committee. That was in the morning, vide the appropriate defense and intel- Constitution of this country, but he about 12:30, just after noon. ligence measures to protect Americans also sees the need for us to be nimble What happened later that day? The from another event like 9/11. enough to see the attack that’s against massacre at Fort Hood. A lone wolf. If I offered some comments, Repub- us, to be able to respond and to give Now, admittedly not someone who licans would have been in favor of mak- our men and women who are on the would be under the PATRIOT Act being these permanent in law. Of course, front line all the assets and resources cause he’s an American citizen, but my we need to make sure that we’re re- only that are necessary, but the laws point is, we have to be concerned about evaluating these, but these should be and the underpinning of being able to lone wolves. made permanent law so that our law make sure that we can fully protect And what about Mr. Abdulmutallab? enforcement agencies set themselves in this country. If we had had information and been a position to be nimble enough to see And I will yield to the gentleman 6 able to connect some of the dots early the attack against us. minutes at this time. on, we would have not been able to I think 9 years’ worth of effort has Mr. DANIEL E. LUNGREN of Cali- prove initially that he was necessarily told us we need to give our law enforce- fornia. I thank the gentleman for the associated with any other group, ment every single tool that we believe generous provision of time. maybe inspired by another group. He is reasonable. I think we’ve done it Mr. Speaker, when we were reauthor- would actually come under the defini- today. I wish we’d done it for more izing the PATRIOT Act in 2005, or ex- tion of a lone wolf. than a year, because here we are, we tending it, I authored in committee the And yet the Judiciary Committee will be here a year from now, perhaps sunset provisions that subjected these said, well, we’re going to deprive our struggling with the same issue. three provisions of the PATRIOT Act intelligence community of the powers Let’s make these permanent addi- to further consideration by the House. under the law for those who are lone tions to the Homeland Security PA- That sunset was up last year. And so, wolves. TRIOT Act. This country is under a rather than seriously consider it and That’s why I say this needs full and constant threat of violence and ter- thoughtfully proceed as to whether it vigorous debate. We need to consider rorism, and that’s why it’s necessary to ought to be permanent or not, we the essence of these provisions, and we make sure that all of our intelligence kicked the can down the road by ex- need to determine whether we believe and law enforcement have the appro- tending it a year. And then we came it needs more than an extension of a priate tools to defeat those who would just before Christmas up against it, single year. Does anybody on this floor wish to do us harm. once again, and we extended it for 2 truly believe that al Qaeda will give up We don’t need to look back very far months. And now, here we are, 3 days in a year? Does anybody believe that to Christmas Day; but I would say to before the expiration of these provi- those who are out there with the idea us that after that, we still had warn- sions, and we are going to have a tem- that they want to do harm to the ings that came from our intelligence porary extension, a year, not 2 months, United States, utilizing terror inspired community that said, and expect more, but just a year. by al Qaeda or others, are going to quit and expect more; which is the reason I would hope that we would consider after this year? I would hope they why we should be making these issues an issue such as this as an important would. I would hope we would defeat

VerDate Nov 24 2008 01:09 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\K25FE7.022 H25FEPT1 dcolon on DSK2BSOYB1PROD with HOUSE H848 CONGRESSIONAL RECORD — HOUSE February 25, 2010 each and every one of them before the that should be taken lightly from a The vote was taken by electronic de- year’s out. But that’s unrealistic. Let’s perspective of what might expire. We vice, and there were—yeas 237, nays understand. want to give them all of the tools that 176, not voting 19, as follows: So, why we’re bringing this to the are necessary. We want to make it per- [Roll No. 66] floor with only a single-year provision manent. Let’s put it in their perma- YEAS—237 is beyond me. If we take seriously our nent training manual, not in an excep- Abercrombie Green, Gene Oberstar obligation to provide for the common tion rule that they have to follow up Ackerman Grijalva Obey defense, in this environment of a non- and retrain people about what the law Adler (NJ) Gutierrez Olver conventional war, asymmetric, as they is. Altmire Hall (NY) Ortiz Andrews Hare Owens like to say, undefined, compared to Protecting this country should not Arcuri Harman Pallone previous conflicts, where the enemy be something that is related to wheth- Baca Hastings (FL) Pascrell does not seek territorial advancement, er we have an expiring provision or Baird Heinrich Pastor (AZ) Baldwin Herseth Sandlin Payne but seeks the destruction of who we are not. Let’s make it permanent. Let’s get Barrow Higgins Perlmutter and what we are, our institutions, and that done. It would be my hope that Bean Himes Perriello how we, in fact, act. the Intelligence Committee of this Becerra Hinchey Peters This is a different world. I’ve said on House would move to get that done as Berkley Hinojosa Peterson Berman Hirono Pingree (ME) this floor before and I’ll say it again, al soon as we’ve passed this today. Berry Hodes Polis (CO) Qaeda doesn’t hate us and attack us be- I yield back the balance of my time. Bishop (GA) Holden Pomeroy cause of Guantanamo. Al Qaeda hates Mr. PERLMUTTER. Mr. Speaker, I Blumenauer Holt Price (NC) us and attacks us because of the Statue Boccieri Honda Quigley thank my friends from Texas and Cali- Boren Hoyer Rahall of Liberty and everything it rep- fornia for their comments, and their Boswell Inslee Rangel resents. comments indicate that they support Boyd Israel Reyes this rule. Brady (PA) Jackson (IL) Richardson b 1200 Braley (IA) Jackson Lee Rodriguez This rule allows for the passage, ulti- And so I would hope that at some Brown, Corrine (TX) Ross mately, of an extension of time on Butterfield Johnson (GA) Rothman (NJ) point in time we would come to this three important surveillance tools that Capps Kagen Roybal-Allard floor and have a serious, full-throated we now have within our arsenal. There Capuano Kanjorski Ruppersberger debate on these three provisions of the Carnahan Kaptur Rush is no disagreement between the sides at Carney Kildee Ryan (OH) PATRIOT Act as to whether they all as to the need for the passage of Carson (IN) Kilpatrick (MI) Salazar ought to be extended as a matter of this rule and the need to move forward. Castor (FL) Kilroy Sa´ nchez, Linda Chandler Kind T. permanent law or at least as a reason- So, I would urge a ‘‘yes’’ vote on the able period of time—5 years, 10 years, Childers Kirkpatrick (AZ) Sanchez, Loretta previous question and on the rule. Chu Kissell Sarbanes not single year—and not treated as an I yield back the balance of my time, Clarke Klein (FL) Schakowsky accident of legislative action. and I move the previous question on Clay Kosmas Schauer So I rise in support of the bill and the Cleaver Langevin Schiff the resolution. Clyburn Larsen (WA) Schrader rule that allows the bill but in great The previous question was ordered. Cohen Larson (CT) Schwartz disappointment that we are not doing The resolution was agreed to. Connolly (VA) Lee (CA) Scott (GA) Conyers Levin Scott (VA) all we could do to advance the cause of A motion to reconsider was laid on freedom and protection of the Amer- Cooper Lewis (GA) Serrano the table. Costa Lipinski Sestak ican people. This is better than noth- Costello Loebsack Shea-Porter f ing, but it’s not good enough. Courtney Lofgren, Zoe Sherman Mr. SESSIONS. Mr. Speaker, I yield Crowley Lowey Sires RECESS ´ myself such time as I may consume. Cuellar Lujan Skelton The SPEAKER pro tempore. Pursu- Cummings Lynch Slaughter Mr. Speaker, we’re talking about ant to clause 12(a) of rule I, the Chair Dahlkemper Maffei Smith (WA) Davis (AL) Maloney Snyder something that is real important declares the House in recess subject to today. We’ve been talking about some- Davis (CA) Markey (CO) Space the call of the Chair. Davis (IL) Markey (MA) Speier thing that is real important, and I Accordingly (at 12 o’clock and 3 min- Davis (TN) Marshall Spratt think the point that’s made today is DeFazio Massa Stupak utes p.m.), the House stood in recess DeGette Matheson Sutton that the Republican Party supports the subject to the call of the Chair. extension of the PATRIOT Act that Delahunt Matsui Tanner f DeLauro McCarthy (NY) Taylor we’re doing here today. These three Dicks McCollum Teague provisions are very important. b 1239 Dingell McDermott Thompson (CA) We’re questioning why we have to Doggett McGovern Thompson (MS) AFTER RECESS Doyle McIntyre Tierney move these on a piecemeal basis. We Driehaus McMahon Titus should move them. They should be- The recess having expired, the House Edwards (MD) McNerney Tonko come permanent law. We believe that was called to order by the Speaker pro Edwards (TX) Meek (FL) Tsongas Ellison Meeks (NY) Van Hollen tempore (Ms. EDWARDS of Maryland) at the enemy that is at our doorstep, that Engel Melancon Vela´ zquez is all around this world, that is attack- 12 o’clock and 39 minutes p.m. Eshoo Michaud Visclosky ing our allies, our friends, people who f Etheridge Miller (NC) Walz love freedom, that that is not going to Farr Miller, George Wasserman PROVIDING FOR CONSIDERATION Fattah Mollohan Schultz go away. We need to give our intel- Filner Moore (KS) Waters ligence officials the ability to know OF H.R. 2701, INTELLIGENCE AU- Foster Moore (WI) Watson that they are going to hard-code this in THORIZATION ACT FOR FISCAL Frank (MA) Moran (VA) Watt their books and their training and YEAR 2010, WAIVING REQUIRE- Fudge Murphy (CT) Waxman MENT OF CLAUSE 6(a) OF RULE Garamendi Murphy (NY) Weiner what they do instead of exceptions to, Giffords Murphy, Patrick Welch well, we might not want to do this in XIII WITH RESPECT TO CONSID- Gonzalez Nadler (NY) Wilson (OH) the future. Mr. Speaker, we need to ERATION OF CERTAIN RESOLU- Gordon (TN) Napolitano Woolsey TIONS, AND PROVIDING FOR Grayson Neal (MA) Wu give our team that’s protecting us all Green, Al Nye Yarmuth of the tools that are available. CONSIDERATION OF MOTIONS TO We’re going to vote for this today be- SUSPEND THE RULES NAYS—176 cause we think it’s the right thing, but The SPEAKER pro tempore. The un- Aderholt Bilirakis Bright Akin Bishop (UT) Broun (GA) we think it ought to be made perma- finished business is the vote on adop- Alexander Blackburn Brown (SC) nent. We think it ought to be a provi- tion of House Resolution 1105, on which Austria Blunt Brown-Waite, sion that all of our law enforcement, the yeas and nays were ordered. Bachmann Boehner Ginny Bachus Bonner Buchanan all of our intelligence officials under- The Clerk read the title of the resolu- Bartlett Bono Mack Burgess stand why we’re doing this, and we tion. Barton (TX) Boozman Burton (IN) want to send them a strong signal: Pro- The SPEAKER pro tempore. The Biggert Boustany Buyer tecting this country is not something question is on the resolution. Bilbray Brady (TX) Calvert

VerDate Nov 24 2008 02:34 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\K25FE7.023 H25FEPT1 dcolon on DSK2BSOYB1PROD with HOUSE February 25, 2010 CONGRESSIONAL RECORD — HOUSE H849 Camp Hoekstra Neugebauer XVIII, the Chair declares the House in that, on matters of critical impor- Campbell Hunter Nunes the Committee of the Whole House on tance, the committee as a whole should Cantor Inglis Olson Cao Issa Paul the state of the Union for the consider- have been informed. For that reason, Capito Jenkins Paulsen ation of the bill, H.R. 2701. that earlier version of the bill removed Carter Johnson (IL) Petri the statutory authority for limiting Cassidy Johnson, Sam Platts b 1321 Castle Jones briefings to the Gang of Eight. Poe (TX) IN THE COMMITTEE OF THE WHOLE Chaffetz Jordan (OH) Posey Last July, the administration issued Coble King (IA) Putnam Accordingly, the House resolved a statement of policy on H.R. 2701 that Coffman (CO) King (NY) Rehberg itself into the Committee of the Whole included a veto threat with respect to Cole Kingston Roe (TN) Conaway Kirk House on the state of the Union for the the provisions that would modify the Rogers (AL) consideration of the bill (H.R. 2701) to Gang of Eight notification procedures. Crenshaw Kline (MN) Rogers (KY) Culberson Kratovil Rogers (MI) authorize appropriations for fiscal year I believe that some level of concern at Davis (KY) Kucinich Rohrabacher 2010 for intelligence and intelligence- that point was justified, and I have Deal (GA) Lamborn Rooney Dent Lance related activities of the United States been working with the administration Roskam Diaz-Balart, L. Latham Government, the Community Manage- over the past several months to resolve Royce Diaz-Balart, M. LaTourette Ryan (WI) ment Account, and the Central Intel- those differences. Since July, there Donnelly (IN) Latta have already been noticeable improve- Dreier Lee (NY) Scalise ligence Agency Retirement and Dis- Duncan Lewis (CA) Schmidt ability System, and for other purposes, ments in the way the administration Schock Ehlers Linder with Ms. EDWARDS of Maryland in the and the intelligence community are Ellsworth LoBiondo Sensenbrenner Sessions chair. communicating and briefing Congress. Emerson Lucas Accordingly, the manager’s amend- Fallin Luetkemeyer Shadegg The Clerk read the title of the bill. Flake Lummis Shuler The CHAIR. Pursuant to the rule, the ment I will offer includes a revised pro- Fleming Lungren, Daniel Shuster bill is considered read the first time. vision on Gang of Eight reform. I know Simpson Forbes E. The gentleman from Texas (Mr. that many Members have strong feel- Fortenberry Mack Smith (NE) Foxx Manzullo Smith (NJ) REYES) and the gentleman from Michi- ings about this issue on both sides of Franks (AZ) Marchant Smith (TX) gan (Mr. HOEKSTRA) each will control the aisle. The provision that is in the Frelinghuysen McCarthy (CA) Souder 30 minutes. manager’s amendment is intended to Gallegly McCaul Stearns be a strong and significant step to- Garrett (NJ) McClintock Sullivan The Chair recognizes the gentleman Gerlach McCotter Terry from Texas. wards better oversight which still re- Gohmert McHenry Thompson (PA) Mr. REYES. Thank you, Madam spects the constitutional authorities of Goodlatte McKeon Thornberry Chair. I yield myself such time as I the President. It recognizes that both Granger McMorris Tiahrt elected branches have a role in na- Graves Rodgers Tiberi may consume. Griffith Mica Turner Madam Chair, I am proud to rise tional security. Guthrie Miller (FL) Upton today in support of H.R. 2701, the Intel- I fully expect that once we pass this Halvorson Miller (MI) Walden ligence Authorization Act for Fiscal bill we will then revisit this issue dur- Harper Miller, Gary Wamp ing conference between the House and Hastings (WA) Minnick Whitfield Year 2010. This is an unusual time of Heller Mitchell Wittman the year for us to be considering this the Senate. And I am happy to work Hensarling Moran (KS) Wolf legislation. However, it is and remains with Members to seek improvements at Herger Murphy, Tim Young (AK) that time. Through this process, we Hill Myrick Young (FL) a very important bill which addresses critical national security issues, and will be able to find a workable solution NOT VOTING—19 one that we ultimately need to see en- to a problem that has persisted over Barrett (SC) Kennedy Shimkus acted. the past several years, if not longer. Bishop (NY) Pence Stark As chairman of the Permanent Select Another provision that I think is ab- Boucher Pitts Towns solutely critical establishes a statu- Cardoza Price (GA) Committee on Intelligence, my most Westmoreland tory Inspector General for the intel- Gingrey (GA) Radanovich Wilson (SC) important job is to guide the com- Hall (TX) Reichert ligence community. This provision will mittee in providing appropriate tools, Johnson, E. B. Ros-Lehtinen eliminate waste, fraud, and abuse, and resources, and authorities to aid the it will also help keep a close eye on the b 1317 dedicated men and women of the intel- Messrs. COFFMAN of Colorado and protection of the rights of Americans. ligence community in keeping our Na- This year’s bill is truly a product of BILIRAKIS changed their vote from tion safe. I believe that H.R. 2701 does many hands. The Inspector General ‘‘yea’’ to ‘‘nay.’’ just that. So the resolution was agreed to. provision, which I just spoke about, in First and foremost, this bill author- large part is due to the efforts of Ms. The result of the vote was announced izes the activities and the funds for the ESHOO, the chair of the Intelligence as above recorded. 16 agencies of the intelligence commu- A motion to reconsider was laid on Community Management Sub- nity. It is difficult to talk about their committee. The vice chairman of the the table. roles and their missions in the open, Stated against: full committee, Mr. HASTINGS, has of- but in some ways it is probably one of fered an amendment to include critical Mr. PENCE. Mr. Speaker, on rollcall No. 66, the most important things that we do I was unavoidably detained. Had I been provisions on our shared interest in on the Intelligence Committee. In addi- promoting diversity as a mission im- present, I would have voted ‘‘nay.’’ tion to providing authorization for in- f perative. He has been working at this telligence activities, this bill takes the long and hard for many, many years. GENERAL LEAVE initial important steps to improve con- Our newest majority member, Mr. Mr. REYES. Mr. Speaker, I ask unan- gressional oversight of that intel- BOREN, has worked hard to develop a imous consent that all Members may ligence community. pilot program to improve language ca- have 5 legislative days within which to I want to highlight two legislative pability in African languages. revise and extend their remarks and to provisions from this year’s bill that I The chairman of the Technical and include extraneous material on the bill believe will significantly improve over- Tactical Subcommittee, Mr. H.R. 2701. sight. RUPPERSBERGER, has worked hard on The SPEAKER pro tempore (Mr. When this bill was marked up in com- the classified annex to make sure our CUMMINGS). Is there objection to the re- mittee, we made significant changes to approach to acquisitions and our most quest of the gentleman from Texas? the so-called ‘‘Gang of Eight’’ proce- technical programs make good sense. There was no objection. dures. As Members know, the President He has been a pivotal part to the com- f has had the statutory authority to mittee’s oversight process in these limit briefings to the Gang of Eight very important areas. INTELLIGENCE AUTHORIZATION when they involve sensitive covert ac- The bill includes several provisions ACT FOR FISCAL YEAR 2010 tions. It was the sense of the com- offered by Ms. SCHAKOWSKY, the chair- The SPEAKER pro tempore. Pursu- mittee that the Gang of Eight statu- woman of the Oversight and Investiga- ant to House Resolution 1105 and rule tory authority had been overused, and tions Subcommittee, which relate to

VerDate Nov 24 2008 01:09 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\A25FE7.002 H25FEPT1 dcolon on DSK2BSOYB1PROD with HOUSE H850 CONGRESSIONAL RECORD — HOUSE February 25, 2010 her longstanding interest in appro- way with legislation affecting the in- those documents to be released. The priately monitoring and managing con- telligence community, the personnel majority said no. tractors in the intelligence commu- within the intelligence community. We asked for the prohibition of funds nity. Unfortunately, this bill does neither. to bring Guantanamo detainees into Mr. HOLT, the chairman of the Select I’m forced to rise in strong opposition. the United States. The majority said, Intelligence Oversight Panel, advo- When this bill was first reported al- we won’t even debate it. We won’t con- cated for a provision addressing the most 8 months ago, the bill failed to sider it. We won’t allow for an amend- videotaping of interrogations and an- address critical national security ment that would do just that. other on intelligence information on issues such as Guantanamo detainees, We asked for a report requiring the the health risks faced by Desert Storm attempts by this administration to DNI to submit a report detailing steps veterans. convert intelligence and counterterror- taken to fix problems identified in the Mr. THOMPSON of California, another ism into matters of criminal law and President’s Fort Hood intelligence re- subcommittee chairman, has worked meaningful reforms to the congres- view prior to December 25. Why? Be- hard on this bill as well. He pushed suc- sional notification process. cause the incident on November 5 had cessfully for the inclusion of a provi- In the nearly 8 months since this bill striking parallels to what happened on sion to study the benefits paid to the was reported out of committee, our December 25, and we thought it was families of the men and women of the country has suffered two major ter- fair to ask the question and ask the Di- intelligence community who have rorist attacks and a significant number rector of National Intelligence: With made the ultimate sacrifice. I am of near misses. During that time, the the information that you gained on No- proud to support that as well. majority took no time and no action to vember 5, what actions did you take We also received important input bring this bill to the floor. that might have helped prevent what from the committee’s minority mem- In 8 months nothing was done to fix happened on Christmas Day? And the bers. Mr. KLINE of Minnesota offered an the flaws in our intelligence commu- answer was, no, we don’t think that excellent amendment, which we were nity that were apparent to every Amer- that would be a worthwhile effort to pleased to accept, that requires the Na- ican in the wake of the first attack at ask the intelligence community those tional Reconnaissance Organization to Fort Hood and, later, the Christmas kinds of tough and difficult questions rewrite its charter to meet its current bombing attack on an American air- and be held accountable to this body. missions. Mr. CONAWAY’s personal in- liner. And then we said we had another terest in auditable financial state- In 8 months, nothing was done to amendment that said, Don’t we think ments led to a provision in the bill that clarify who is in charge of interroga- it would be appropriate that we actu- requires the intelligence community to tion of high-value terrorist detainees, ally establish a process for the author- focus on its internal financial manage- these people that are captured around ization and the notification of covert ment and to provide a system that the world who want to do harm to actions that may result in the death of achieves auditability. America. a targeted U.S. citizen? It doesn’t get Madam Chair, I believe that this bill In 8 months, nothing was done to pro- into a debate as to whether that is ap- will provide the resources and the tools vide a long-term renewal of our critical propriate, an appropriate course of ac- that the intelligence community needs intelligence authorities under the USA tion. It just says, don’t we think that to do its important work in keeping PATRIOT Act. the intelligence community and the ex- our Nation safe. That includes collec- In 8 months, nothing was done to, ecutive branch should have in place a tion and analysis of human intel- once and for all, stop hard-core, radical detailed process of how these decisions ligence, signals intelligence, and jihadist terrorists from being brought are made, how they are authorized, and geospatial intelligence. into the United States, despite the when Congress would be notified? And clear opposition that has arisen to this the answer from the majority was no. b 1330 ill-considered idea from average Ameri- A process that would give us an idea as It includes funds to detect and dis- cans across the country. to how the administration would au- rupt terrorist plots, to provide for in- In 8 months, nothing has been done thorize and notify Congress when they telligence support to the warfighters in to clarify how covert actions should be took actions that might result in the Iraq and Afghanistan, and also im- conducted or authorized when they death of a targeted U.S. citizen, a tar- proves the recruitment and training of could have deadly effects on American geted U.S. citizen. a diverse and capable workforce. citizens. Nothing has been done. And these are just the amendments During my time on this committee, Then, you go through and you take a that were not considered, substantive, I’ve had the good fortune to be able to look at the amendments that we want- serious issues that the majority is un- travel and to meet the brave men and ed to propose that would have ad- willing to debate, to discuss and to ad- women of the intelligence community, dressed these issues, and all of these dress. both uniformed and civilian, and I am were thrown out by the majority, an Later on, as we go through the day continually impressed and in awe of amendment that would direct the DNI and as we take a look at the manager’s the great work that they do and the to establish a panel to review the intel- amendment and the other amend- great morale that they have. They are ligence relating to weapons of mass de- ments, we’ll take a look at the striking dedicated, professional and highly struction programs of Iran. Politically contrast between what the majority is skilled patriots, and I’m proud to offer speaking, our intelligence community willing to debate and discuss and to act a bill that supports them and all that is now to the left of the United Nations on, and what they are unwilling to de- they do for our great Nation. as to our assessment of what Iran’s ca- bate and discuss. And it has a direct This past December, we lost seven of pabilities are, to the left of the ill- impact on the safety of each and every those brave men and women in the at- fated National Intelligence Estimate American. tack in Khost, Afghanistan. It is for that came out under the previous ad- Madam Chairman, I reserve the bal- them, and for those who carry on their ministration. ance of my time. mission, that I proudly submit this bill We’ve asked for an independent panel Mr. REYES. Madam Chairman, now today. of experts to give us a red team review. it’s my privilege to yield 3 minutes to Madam Chairman, I reserve the bal- Our colleagues on the other side of the my good friend and chairman of the ance of my time. aisle said, no, that’s not necessary. Armed Services Committee, the gen- Mr. HOEKSTRA. Madam Chairman, I We asked for an amendment that tleman from Missouri (Mr. SKELTON), yield myself as much time as I shall would require the CIA to release pub- who actually has jurisdiction over consume. licly unclassified versions of docu- some of the issues that the ranking Madam Chairman, annual Intel- ments relating to the use of enhanced member mentioned just a couple of ligence authorization bills should be interrogation techniques, this con- minutes ago. bipartisan legislation designed to ad- troversial background as to who knew Mr. SKELTON. Madam Chairman, dress critical national security issues what when, including some of the lead- first, let me thank the gentleman from and deal in a deliberate and considered ing Members of this body. We asked for Texas, Chairman SILVESTRE REYES, for

VerDate Nov 24 2008 01:09 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\K25FE7.040 H25FEPT1 dcolon on DSK2BSOYB1PROD with HOUSE February 25, 2010 CONGRESSIONAL RECORD — HOUSE H851 the hard work that he did on this bill. grams. And the classified annex, I’m crimes only for the intelligence com- So I rise today in strong support of the happy to report, is a bipartisan prod- munity when they try to illicit infor- Intelligence Authorization Act. uct. And I appreciate the chairman of mation. It is rather remarkable. From my perspective as chairman of this committee, Subcommittee Chair- Anywhere in America, if a prison the Armed Services Committee, it’s a man RUPPERSBERGER, and others work- guard tries to wake a prisoner up, it’s good bill, one that will support the in- ing with Republicans compromising okay; it’s part of the prison routine. telligence needs of our soldiers, sailors, from both sides, but having a bipar- Under this provision, if a terrorist does airmen and marines. Every day, Amer- tisan product that has the support, I not get a proper amount of sleep, the ican men and women who are deployed believe, of the full Intelligence Com- intelligence community can be pros- into harm’s way depend on the intel- mittee and should have the support of ecuted and sent to jail for 15 years. ligence capabilities authorized by this the full House. Unfortunately, that is The CHAIR. The time of the gen- bill to achieve their missions. I cannot not the case with the other provisions tleman has expired. state strongly enough about how those of this bill, the policy provisions of this Mr. HOEKSTRA. I yield the gen- in uniform who are in harm’s way de- bill, which are deeply disturbing. tleman an additional 2 minutes. pend upon the intelligence that they As the ranking member has indi- Mr. THORNBERRY. Anywhere in receive. cated, a number of key issues, whether America there is a criminal investiga- This legislation ensures continued it’s Guantanamo, to reading Miranda tion, it might be pointed out to a delivery of quality intelligence prod- Rights, have not even been allowed to criminal suspect that it would be bet- ucts and capabilities through our be debated and voted on on the floor of ter to cooperate or the death penalty warfighters. It will lead to important the House. Those issues have been could be a potential punishment for his improvement in the future. shoved aside. crime. It is against the law under this As I’ve said before, the relationship Instead, what we have in the under- McDermott provision for an intel- between the intelligence community lying bill are 41 new reports, plus an ligence professional to in any way and the Department of Defense is fun- additional 17 more reports that would threaten physical harm or coercion damental to the success on the battle- be required of the intelligence commu- against a terrorist in order to get in- field. This bill strengthens the rela- nity in the manager’s amendment. But formation. In other words, what goes tionship by expanding the intelligence deeply buried within the blizzard of all on every day all across America in the community’s technical and human col- those reporting requirements is some- criminal justice system would be pro- lection capabilities. thing that is deeply disturbing, and hibited in this provision in the man- It adds significant resources to mod- that is a new criminal part of the stat- ager’s amendment. ernize signals intelligence capabilities, ute that would apply only to the intel- It is in many ways unthinkable. In and other cutting-edge technologies ligence community when they try to many ways, it’s topsy-turvy land where that are the foundation for intelligence elicit information from a terrorist that we forget who the good guys are, who support for our warfighters in Afghani- can prevent future terrorist attacks. the guys trying to keep us safe are, and stan. The bill also adds resources for And I think it would be helpful for all who the bad guys are. It’s all turned HUMINT collection against terrorists our Members to just remember a bit of upside down. and other enduring and emerging glob- the history here. Last year the Obama We all remember the photos of abuses al security issues in Asia, Africa, as administration released a number of from Abu Ghraib in Iraq. They were de- well as in Latin America. classified memos detailing interroga- plorable. The people responsible were This measure will improve oversight tion techniques, despite the appeal of prosecuted under the criminal law, as of the intelligence community by cre- five former CIA directors not to do it, they should have been. But to extrapo- ating a statutory and independent in- because doing so would harm our ef- late from that, the source of restric- telligence community-wide inspector forts against a terrorist. They did it tions here starting on page 33 of the general. anyway. manager’s amendment is, I think, inde- And, finally, this bill enhances cyber- Then, secondly, last year, the admin- fensible. security, which is becoming very, very istration decided that they would re-in- Intelligence is a serious business. The important, cybersecurity efforts by au- vestigate CIA personnel who were in- people who are involved in it risk their thorizing significant investments to volved in interrogations, even though lives to keep us safe. And to threaten, support the President’s comprehensive it had been thoroughly investigated as this law would, to put them in jail cybersecurity strategy. and there was no basis found for any for 15 years if they don’t give some- I congratulate Chairman REYES on sort of prosecution. Instead, the Obama body, whatever the terrorist says is bringing this bill to the floor and urge administration decided they wanted to part of their individual religious be- my colleagues to join me in supporting appoint a special prosecutor to go after liefs, I think, is dangerous, irrespon- this very, very important measure. those people again. sible. And it tells the intelligence com- And I might add, Madam Chairman, Third, there’s an effort to bring law- munity that we talk so much but we’re that we, on the Armed Services Com- yers up on ethics charges because some not going to back up our words; in fact, mittee, have dealt with some, and have people disagree with the legal opinion we’re going to prosecute you. That’s a the jurisdiction of dealing with some, that they reached. And, of course, just mistake. matters that my friend from Michigan recently we found that that effort has I am deeply disturbed by some of the mentioned a few moments ago. They failed. trends in this bill, and I hope that the are within our jurisdiction. Fourth, last year, the Speaker, under manager’s amendment will not be Mr. HOEKSTRA. Madam Chairman, pressure from questions about what she adopted, and if it is, this bill should at this time I would like to yield 4 min- knew about these interrogations, al- certainly be rejected. utes to a member of the committee, leged that the CIA lies all the time, de- Mr. REYES. It’s now my pleasure to Mr. THORNBERRY from Texas, who will spite the considerable evidence that yield 11⁄2 minutes to my good friend and talk about the continued efforts by she had been fully briefed about the in- former member of the House Intel- this administration in what appears to terrogations. And the Speaker’s charge ligence Committee who still is a valued be a war on the intelligence commu- was so indefensible that this bill got resource for us, Mr. BOSWELL from nity, a legal war on our intelligence postponed for 7 months and couldn’t Iowa. community, the brave men and women even come to the floor, in order to pro- Mr. BOSWELL. Madam Chair, I in that community. tect her. would like to engage the chairman of Mr. THORNBERRY. Madam Chair- the Intelligence Committee for the man, I appreciate the distinguished b 1345 purposes of a colloquy. ranking member yielding to me. So you see that string of going after Mr. REYES. Madam Chair, I am In many ways, this bill is a tale of the intelligence community of making happy to oblige my good friend, Mr. two bills. Part of this bill is the classi- accusations against them. And then BOSWELL. fied annex where specific dollar what we find in the manager’s amend- Mr. BOSWELL. I would like to clar- amounts are allocated to various pro- ment is this provision that creates new ify the intent of section 312 of H.R. 2701

VerDate Nov 24 2008 01:09 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\K25FE7.030 H25FEPT1 dcolon on DSK2BSOYB1PROD with HOUSE H852 CONGRESSIONAL RECORD — HOUSE February 25, 2010 regarding the authorization of the In- In order to fully function as a law en- Mr. ROGERS of Michigan. They telligence Officer Training Program. forcement effort, the administration made a fundamental shift, from As I understand it, that section will has sent FBI agents overseas into the proactive intelligence overseas to find authorize the Director of National In- battlefield to read Miranda rights to them where they train, to where they telligence to provide grants to institu- tell foreign-trained terrorists who finance, to where they recruit, to a law tions of higher learning to develop, probably couldn’t find, some of them, enforcement effort to bring them back among other things, innovative meth- America on a map that you have the to the United States. We’re bringing ods of teaching high-priority foreign right to remain silent; if you can’t af- foreign-trained terrorists to the United language skills. ford a lawyer the United States will ap- States and putting them in main- Is my understanding of this provision point one for you; we will pay for it. stream courtrooms. We’re prosecuting correct? The fact that if they get to the air- CIA officers for following legal advice Mr. REYES. You are correct, Mr. port and stand in line with an explosive from the Department of Justice in in- BOSWELL. device next to you or your children or terrogation. So we’re treating CIA offi- Mr. BOSWELL. My understanding is a family member or some other Amer- cers like criminals, and we’re treating that Drake University in Des Moines, ican citizen, we will catch them then, foreign-trained terrorists like Ameri- Iowa, has a highly innovative foreign and we will put them in trial and read cans with all of the benefits and the language skills program. Under that them their Miranda rights even though privileges therein. program, Drake students work with na- they were recruited overseas, trained You almost couldn’t make this up. tive speakers in groups of five or fewer overseas, in many cases surreptitiously You couldn’t come to this conclusion. three times a week. Such students may moved to different parts of different And with it, we’ve got consequences. also take a ‘‘strategies’’ course, which countries in order to get every aspect When you look at the series of events has several goals, including helping of their training. And they’re taught from the Fort Hood shootings to the students approach the culture they are that they are on a combat mission. Christmas Day bomber and the mis- studying through a nonethnocentric That is what they’re taught, that your takes that were made and the lost op- lens. goal in this event is to go cause harm portunity for disruption, we all ought Former students of this program and casualties and chaos to Americans to sit down and work this out and get have gone on to teach in China, become on American soil or to our allies on us back to where we’re putting the in- Fulbright Scholars, provide translation their soil. So they look at this as they terests of Americans first versus the services, perform nonprofit and mis- have when they’ve declared war numer- interests of the rights of terrorism be- sionary work in El Salvador, complete ous times. They have declared war on fore the safety and security of the advanced degrees in languages, and the United States, and they’re ready to United States. excel in the corporate world more gen- kill Americans to prove their point. I strongly urge a rejection of this erally. So some notion that by the time they bill. Is Drake University’s language pro- get to the airport or board the plane Mr. REYES. Madam Chair, I don’t gram the type of program that the in- we’ve been successful because we’ve quibble with the opinions that my telligence community believes would had the opportunity to read them the friends on the other side of the aisle be a good candidate to receive a grant Miranda rights is fundamentally have. It’s just facts that don’t support from the ODNI under section 312 of flawed, and that is a fight that we will those opinions that I quibble with. H.R. 2701? lose. We’re going to lose that fight. They’re not entitled to their own facts. Mr. REYES. Having had the oppor- You can’t hire enough TSA agents. You I now yield 11⁄2 minutes to a new tunity to visit Drake University with can’t hire enough domestic FBI agents. member of our committee, the gen- you, you are correct. You can’t send enough FBI agents into tleman from Oklahoma (Mr. BOREN), a The CHAIR. The time of the gen- the battlefield to read Miranda rights valued member of our committee. tleman has expired. to stop their effort. Mr. BOREN. Madam Chair, I rise Mr. REYES. I yield the gentleman an When you treat them like a criminal today in support of H.R. 2701, the Intel- additional 30 seconds. and read them their rights, you allow a ligence Authorization Act for Fiscal Mr. BOSWELL. Thank you, Chair- defense attorney to start the negotia- Year 2010. This bill makes an excellent man REYES, for that comment and that tions about how much they will or will product and much needed investment visit. That is correct. I appreciate that. not cooperate. That starts. That hap- in many critical areas, including those I want to thank you for the clarifica- pens. Clearly, the Christmas Day that have been previously tion. bomber enjoyed that same benefit. underresourced. Mr. HOEKSTRA. I would like to yield And I’ll tell you, that first 24 to 48 One of the most important invest- 4 minutes to my colleague from Michi- hours is critically important in the in- ments is this bill’s commitment to de- gan, a strong defender of the Intel- telligence community because of a veloping foreign language capabilities, ligence Committee, Mr. ROGERS. small thing. This guy isn’t going to be specifically in African languages that Mr. ROGERS of Michigan. I can’t tell able to give you all of the layout of al have historically been underrep- you how disappointed I am in this bill Qaeda and all of their financing and all resented within the intelligence com- for all that is at stake in the country. of their logistical movements, but he munity. The bill creates a pilot pro- When there was a switch in debate could have given us incredibly valuable gram under the National Security Edu- about how we approach the war on ter- information—maybe the name of an- cation Program, or the NSEP. It ex- ror, that’s a legitimate argument, a le- other airline that may have been tar- pands the David Boren Scholars by re- gitimate debate to have, and we should geted on that day that we didn’t know quiring the Director of National Intel- do it under the light of day with all of about, maybe the name or the descrip- ligence to identify high-priority Afri- the sets of consequences that come tion of a bad guy who trained in how to can languages for which language edu- with any change of policy about how use that explosive device or a place or cation programs do not currently exist. we go after terrorists overseas. And the a town or a person that they may have The NSEP would then develop inten- notion that was brought out that, gee, seen in their training cramp. To most sive training programs for implementa- if we just treat this like a law enforce- people, that wouldn’t mean a lot. To tion in both the United States and in ment environment, if we treat it the trained professionals in the intel- countries where these languages are way we would treat the average Amer- ligence business, it means the dif- spoken. ican citizen and extend the rights and ference between stopping them and Let’s not forget that 10 years ago we the privileges to foreign-trained terror- them being successful. That little, didn’t anticipate the conflicts along ists, the world will like us, the world small piece of information can save the Afghanistan-Pakistan border and will be a better place, we will have no lives. the need for speakers of the local lan- more problems, they’re going to go The CHAIR. The time of the gen- guages and dialects. When the need away, we will get them in the court- tleman has expired. arose, we didn’t have the capabilities rooms of America, there is a funda- Mr. HOEKSTRA. I yield my colleague to meet immediate demands, and to mental flaw with doing this. 1 more minute. this day, we are still playing catch-up.

VerDate Nov 24 2008 01:09 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\K25FE7.031 H25FEPT1 dcolon on DSK2BSOYB1PROD with HOUSE February 25, 2010 CONGRESSIONAL RECORD — HOUSE H853 Similarly, we cannot predict from This time, after months of no re- has not changed the policy on when or where the next crisis will emerge, but sponse, I was informed that the com- when not to give Miranda to people in by recognizing the current instability mittee did not retain the photos and the field. Under the Bush administra- in the Horn of Africa, Sudan, and could not or would not allow nonmem- tion, the Justice Department went Congo, we can anticipate crises that bers of the Intelligence Committee ac- through the same set of issues. If you will impact national security. cess. At the same time as my request are looking at a domestic U.S. prosecu- The CHAIR. The time of the gen- to view these photos, I requested to re- tion of that individual, then you give tleman has expired. view the classified CIA Inspector Gen- Miranda. If not, you don’t. Mr. REYES. I yield the gentleman an eral report titled ‘‘Counterterrorism There is no blanket order across the additional 15 seconds. Detention and Interrogation Activi- Justice Department right now telling Mr. BOREN. We should be training ties.’’ the FBI to give Miranda to everybody the linguists and translators in the rel- The CHAIR. The time of the gen- it has captured throughout the world. evant languages now so that once tleman has expired. It does not exist. It did not happen, de- again we are not reactive in our ef- Mr. HOEKSTRA. I yield the gen- spite what the minority has said. You forts; we’re proactive in our actions. tleman an additional 30 seconds. have to make that decision. I urge support for this bill. Mr. BURGESS. After months, I was In addition, we continue, under the Mr. HOEKSTRA. At this time, I’d denied my request, no reason given for Obama administration, to hold people like to yield 2 minutes to my colleague the denial. I can hardly believe that on right now, without Miranda, without from Texas (Mr. BURGESS). an issue as critical and crucial as this trial, without those rights, terrorists Mr. BURGESS. I thank the ranking I would not be allowed access. I believe from foreign places that we can’t do member for yielding. strongly that for me to vote on some- anything else with but we understand This is a very unfortunate bill, and I thing as important as the Intelligence they are a threat. That policy has not think this side of the aisle has suffi- Authorization Act I should have access changed. ciently laid out abundant reasons why to every bit of information. What we have attempted to do is Finally, on the shooting at Fort it should be sent to the committee and clarify those policies for the members Hood, I asked to have attendance at fixed. The intelligence community is of the intelligence community in the the briefing that was being given. But too important to our national security field so they know what they are sup- because a business meeting had to to allow a bill with as many concerns posed to do and, yes, also to prevent occur before I would be granted permis- as this one to pass. things like Abu Ghraib and Guanta- sion and none was scheduled, I simply However, I am here also to discuss namo, which every single member of could not attend. the Armed Forces and the intelligence what I see as a fatal flaw in the way in- Madam Chair, this bill has problems community has told us was a crushing formation is disseminated to Members on many, many levels, but it is impos- blow to our effort in the counterterror- of the House who are not committee sible for me to vote in the affirmative ism effort. To do that, to make those members. given the restrictions on activities of changes is necessary. Nothing is more critical to the role members of the minority from this But to listen to the minority, you each of us plays in representing our committee. would think that we have given up districts and this country than for us Mr. REYES. Madam Chair, just so we prosecuting terrorists outside of civil- to have every relevant piece of infor- are clear, it doesn’t appear that some ian court. mation available to us prior to casting members of the other aisle realize how We haven’t. You would think that we an important vote—certainly prior to important the rules are. The rules of would read Miranda to absolutely ev- casting a vote on one updating the au- the House apply to everyone on a bi- erybody. We don’t. We are trying to thorizations for the way our govern- partisan basis. The information he make intelligent decisions. ment gathers intelligence. Yet many sought was denied from our committee The CHAIR. The time of the gen- Members of this House have been de- because it didn’t fit the criteria and tleman has expired. nied access to key pieces of informa- the rules of the House. Mr. REYES. I yield the gentleman an tion simply by virtue of the fact that With that, I now yield 2 minutes to additional 30 seconds. they do not sit on the Intelligence my friend from the Armed Services Mr. SMITH of Washington. We need Committee. Committee, chairman of the Readiness to do a better job of intelligence. We I recognize that membership on any Subcommittee, and a new member of need to better coordinate that intel- given committee in this Chamber our House Intelligence Committee this ligence. That’s what I think we learned means that one is given access to mat- year, Mr. SMITH of Washington. from the Christmas Day attack. There ters in a special capacity. I respect Mr. SMITH of Washington. I cer- is stuff in this bill to try to do this. that. I would even say that dividing up tainly think there are a lot of very We need to do oversight better. We responsibilities is critical in achieving good things in this bill. Our intel- need to have a better idea from the in- everything in a body as large as this ligence community is a critical piece of telligence community to do what they one, but not being a member of the fighting terrorism. Their counterter- are going to tell us and when, and to committee should not translate into rorism efforts are absolutely at the top make sure there is a record of it, which having access to nothing that falls of the list of what the Intel Committee is in this bill, so that no one can later under the jurisdiction of this com- does. dispute what they were or were not mittee. Certainly, there are some We are supporting all of our agents in told. pieces of information that are so im- the CIA and throughout the intel- The minority has a critical role to portant, of such importance to na- ligence community, and we thank play in making that happen. Instead tional security, that every Member of them for their brave efforts. We are they make these baseless charges that this body, should they so desire, should aware that they are putting their lives somehow we have given up in the fight have access. on the line to prosecute this war every on terror and we are not supporting the Last summer, the story broke about single day. This bill supports them intelligence community. That is abso- photographs alleging detainee abuse at across the board. It has the resources lutely untrue. Majority and minority Guantanamo. and support they need to do their job. strongly support our intelligence com- I could say a lot more about that, but munity, and we are absolutely com- b 1400 I really want to take issue with some mitted to prosecuting this war to the I formally requested, through the In- of the things that the minority has fullest extent possible. telligence Committee, access to these said, in particular with these alleged Mr. HOEKSTRA. Madam Chair, how photos. I assumed it would be a simple massive changes to our approach to much time do we have remaining on request. In 2005, similar photos at Abu counterterrorism. We have heard about each side? Ghraib were made readily available to Miranda all day long and what the Jus- The Acting CHAIR (Ms. JACKSON LEE every Member of this House by the tice Department does. of Texas). The gentleman from Michi- same committee under the leadership It would surprise people listening to gan has 101⁄2 minutes and the gen- of then-Chairman HOEKSTRA. the debate to know this administration tleman from Texas has 131⁄2 minutes.

VerDate Nov 24 2008 01:09 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\K25FE7.033 H25FEPT1 dcolon on DSK2BSOYB1PROD with HOUSE H854 CONGRESSIONAL RECORD — HOUSE February 25, 2010 Mr. HOEKSTRA. I would like to re- change the nature of the intelligence chines, and the Nuclear Regulatory serve my time until we are more equal. community, how they work and how Commission is investigating alter- Mr. REYES. Madam Chair, I now they operate by creating new criminal natives. They need more support. yield 2 minutes to the chairman of the statutes, not a minute of hearings in My thanks to the Rules Committee Terrorism-HUMINT, Analysis and this committee, and all of a sudden it and to Chairman REYES for including Counterintelligence Subcommittee, my appears out of nowhere in a manager’s my provisions in the manager’s amend- good friend from California (Mr. amendment. ment. I am very pleased that after 4 THOMPSON). Would someone on the other side long years we will probably pass an in- Mr. THOMPSON of California. Thank please explain the rationale for bring- telligence authorization bill today. I you, Mr. Chairman, for yielding. ing that in this bill with having no urge an ‘‘aye’’ vote. I am pleased that this legislation hearing when it will have a funda- Mr. HOEKSTRA. I thank my col- supports critical U.S. intelligence ca- mental impact on the intelligence com- league from California for coming pabilities at a level higher than we munity? What is the rationale, and down and explaining her amendments. ever have in past years. This bill im- why was the majority unwilling to These are issues that we have talked proves the intelligence community’s have hearings on this issue? Why were about in the past, and congratulations ability to understand hard targets, they unwilling to debate this issue, and for having them included in the man- those countries that pose the greatest why did they bury it into a manager’s ager’s amendment. I support those strategic threat to U.S. interests. amendment with 22 other amendments? kinds of amendments, because they But it also increases funds for intel- Mr. REYES. Madam Chair, I am now have been discussed and they have ligence collections that will support pleased to yield 2 minutes to the chair broad bipartisan support. U.S. policy decisions in other impor- of the Homeland Security Sub- There are other parts of the man- tant regions such as Africa, Latin committee on Intelligence, Informa- ager’s amendment which I am strongly America, and Asia. We must continue tion Sharing and Terrorism Risk As- opposed to because they haven’t even to focus our resources on our priority sessment, and our former ranking had any dialogue, debate or hearings targets, but we can’t neglect emerging member of the House Intelligence Com- on that. threats. This bill does both. mittee, Ms. HARMAN of California. To discuss one of those, I yield 2 min- The bill also includes an amendment Ms. HARMAN. I thank the gentleman utes to my colleague from Texas (Mr. that I introduced in committee in con- for yielding to me and hope that what THORNBERRY). junction with our colleague, DAVID I am about to discuss is supported by Mr. THORNBERRY. Madam Chair, I PRICE of North Carolina, to improve the current ranking member. agree with much of what has been said the effectiveness of interrogations and I rise in strong support of the man- on the other side of the aisle about the prevent a return to past abuses. ager’s amendment, which includes two good provisions in this bill. I am also It calls on the Director of National provisions which I authored and which disappointed, as the ranking member Intelligence to evaluate scientific re- address problems continuing to impede talked about, that a number of sub- search on interrogations and assess our efforts to keep our country safe. stantive issues were not even allowed how to improve our U.S. interrogators’ First, it requires the Inspector Gen- to be discussed and voted on. training. It also requires the DNI to as- eral of the intelligence community to But in my mind all of that is dwarfed sess the ethics training provided to in- report to Congress in 180 days on over- by the provisions in the last section of terrogators so they understand the classification of intelligence. Stamping the manager’s amendment beginning boundaries within which they can oper- documents ‘‘secret’’ or ‘‘top secret’’ for on page 32, and I would recommend ate. the wrong reasons interferes with accu- every Republican and Democrat in this Finally, the bill contains a provision rate, actionable, and timely informa- House read for him- or herself this lan- that I sponsored that requires the tion sharing within the Federal Gov- guage, because it is a devastating blow newly created Inspector General of the ernment and with State and local law to the professionals in our intelligence intelligence community to study the enforcement. Protecting sources and community who we ask to keep us safe. intelligence community’s electronic methods is the right reason to classify This language delineates a number of waste disposal procedures. This provi- information, but protecting turf or per- specific acts that it says by law are sion was designed to protect not just sonal embarrassment is not. cruel and degrading treatment. One of our environment, but also our security. D.C. Police Chief Cathy Lanier says those acts is prolonged isolation. The Inspector General must assess she hesitates to share information with As I mentioned earlier, any prison or both the environmental impact of the Federal Government for fear it will county jail anywhere around the coun- these practices and the steps taken to be immediately classified and rendered try sometimes has to put a prisoner ensure that discarded devices do not useless because she can’t tell her offi- into solitary confinement. But under contain sensitive information that our cers in the field what to look for when this law, if an intelligence community adversaries would be able to exploit. on patrol. A variety of civil liberties professional does that, he is liable for Madam Chair, this legislation will and good government groups support up to 15 or more years in jail for pro- strengthen the capabilities of our intel- our amendment, and I am glad it’s in longed isolation. ligence communities and makes our the manager’s amendment. If he does anything that would blas- Nation safer. Second, Madam Chair, the manager’s pheme a terrorist’s religious beliefs, or I urge my colleagues to support this amendment requires the Director of cause him to participate in action in- bill. National Intelligence, in consultation tended to violate his individual reli- Mr. HOEKSTRA. Madam Chair, I with the Nuclear Regulatory Commis- gious beliefs, he is guilty of violating a yield myself 1 minute. sion, to assess intelligence on harmful criminal statute and that intelligence I hope that as we have the general radiological materials, including high- professional whom we count on to keep debate on this bill right now that we ly disbursable substances like Cesium- us safe goes to jail—not the terrorists, have at least one person who will come 137. It’s not possible in this open set- but the guy or lady that we are count- up on the other side and explain ex- ting to describe the threat posed by un- ing on to keep us safe. actly what is in the McDermott amend- secured radiological materials, but a There is provision after provision, ment, what it means and what the im- range of experts, including the Defense whether it’s deprivation of sleep, even plication will be to our men and women Science Board, have warned about the threatening to use force, the religious in the intelligence community. We danger posed by medical equipment provisions, as I mentioned, or any act hear over and over again how ‘‘we sup- that uses this material. that is the equivalent of this laundry port the intelligence community’’— These machines are in hospitals list—sensory deprivation—the terror- without a single hearing. across the country, in every major ists who would be captured would be Perhaps with about 1 minute of de- town and city. They are not tamper- treated more gingerly than any crimi- bate on the manager’s amendment that proof. The Departments of Energy and nal in any county jail or any prison has been allotted to that McDermott Homeland Security are adding short- across the country. This is wrong, and amendment, we will fundamentally term hardening measures to these ma- it’s reason enough to reject the bill.

VerDate Nov 24 2008 01:09 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\K25FE7.034 H25FEPT1 dcolon on DSK2BSOYB1PROD with HOUSE February 25, 2010 CONGRESSIONAL RECORD — HOUSE H855 Mr. REYES. Madam Chair, I now that this bill weakens the intelligence the gentleman from Maryland (Mr. yield 2 minutes to the chairwoman of community, that it is an attack on the RUPPERSBERGER). the Subcommittee on Intelligence intelligence community: we can’t let Mr. RUPPERSBERGER. Madam Community Management, a valued that stand. There isn’t anything far- Chair, first, I would like to focus on member of my committee, Ms. ESHOO ther from the truth. This is singularly two of this bill’s most important provi- from California. the largest Intel authorization with its sions as it relates to technical and tactical: first, cybersecurity, and, number b 1415 base budget in the history of the United States of America. We are giv- two, space. Ms. ESHOO. I thank the chairwoman, ing to the intelligence community the The bill makes significant invest- and I thank our distinguished chair- very tools that it requires, that it has ments in the variety of critical cyber- man for his wonderful and dedicated requested, and are glad to do so. security programs, a need highlighted leadership of the House Intelligence Mr. HOEKSTRA. Madam Chair, I by repeated attacks on the information Committee. would like to yield 2 minutes to my technology systems of the Federal Gov- It’s been far too long since we’ve had colleague from Michigan (Mr. ROGERS). ernment and private industry over the an Intelligence authorization bill en- Mr. ROGERS of Michigan. I, too, past year. acted. Because Congress has the re- along with my colleague from Texas, As cybersecurity evolves and intensi- sponsibility to set guidance for the in- and certainly the ranking member fies, our intelligence community must telligence community to strengthen from Michigan, want to bring to the at- be able to respond quickly and with the our national security, which is really tention of this body just how dan- latest technologies available. The Na- our highest obligation here in Con- gerous the amendment is that says tional Security Agency, which I’m gress, I am really pleased that this this, ‘‘Any officer or employee of the proud to say is in my district, has al- critical legislation is on the floor intelligence community who, in the ready developed a number of tech- today. course of or in anticipation of a cov- nologies that are already helping to This bill take some very important ered interrogation, knowingly com- protect us against these threats; but steps to increase congressional over- mits, attempts to commit or conspires we need to ensure that NSA and other sight of the intelligence community, to commit an act of cruel, inhumane, intelligence agencies have the re- which is very much needed. I would or degrading treatment.’’ And it goes sources that they need to develop and like to address two in particular that on to talk about infringing on their re- deploy the defenses that will keep our came out of the subcommittee that I ligious beliefs by any notion whatso- networks running and information se- am proud to chair. ever that isn’t defined in the bill. cure. This bill helps do that. Second, this bill makes important in- First, the bill creates an independent Sleep—it talks about lack of sleep. vestments in space. It supports the intelligence community inspector gen- As a matter of fact, the interrogators President’s request to develop a new eral. So many of the issues in the intel- are probably getting a lot less sleep imagery capability. In addition, it sup- ligence community cut across multiple than actually the terrorists they are ports the Senate proposal, which we agencies, and today there is no one who interrogating because they also process must start funding to continue build- can look at all sides of these issues. the information before and after the in- This inspector general will have the ing upon our known capabilities. terrogations. These are critical investments, and dual responsibility to report to the You have created a whole new direc- Congress, not just to the Director of we are prepared to see them through. tion to go after the very people who are We must keep major space acquisitions National Intelligence, increasing our interrogating people trying to kill on budget and on schedule. We do not oversight. Americans, and you are saying we are have unlimited resources and cannot Second, this bill allows the GAO to going to put you in jail if you push afford to have these critical acquisi- conduct audits and reviews of the intel- your limits. And by the way, torture is tions spin out of control. ligence community. We all know the already against the law. Nobody, and I I am also pleased that the bill en- value of the GAO’s assessments first- mean nobody, is pushing torture. What courages the DNI and Director of the hand. Their reputation for objective, we’re saying is, you cannot make this NRO to leverage commercial capabili- thorough reviews is second to none. so unreasonable that they won’t do it. ties to the fullest extent possible. Com- But today, the intelligence community And if you don’t think that this will mercial tools have significantly im- refuses to allow GAO in the door, even have an impact on an agent making proved in recent years. Using these ca- when Congress has asked them to in- the determination, should I or pabilities to complement government vestigate. This is not going to stand shouldn’t I, you know what? I was hop- efforts will not only provide a cost-ef- because the bill corrects it. ing to turn around and find 300 scream- fective way of meeting our needs; it The bill increases oversight of the se- ing, cheering Americans saying thank will support the revitalization of the curity clearance process and takes you for your patriotism and your serv- long-struggling commercial space in- steps to improve information sharing, ice, not 25 Justice Department lawyers dustry. both high priorities of my sub- with subpoenas. I also want to make just some re- committee. We have had numerous You will absolutely freeze the intel- sponse to my peers on the other side. hearings on these topics and will con- ligence community’s ability to go out The Intelligence Committee is a very tinue to do so. and get information that they need, important committee; national secu- Finally, my colleagues, we all take and it is absolutely naive to believe rity is at stake. We must come to- this responsibility to oversee the intel- that they’re going to do it anyway. I’m gether as citizens first. There are a lot ligence community very seriously. We sorry, that’s not the way it works. of allegations—we understand there are are the eyes and ears of the American These folks want to follow the law; some politics in whatever we do—but people to examine the issues that are they want to follow the Constitution. when it comes to national security in- hidden behind the walls of classifica- And guess what? At the end of the day, telligence, we have got to find a way to tion, and as the voice of the American they’re willing to risk their lives to make sure we focus on the priorities. people to ask the questions which they protect their country and their fellow Those priorities are in this budget. cannot. This bill strengthens our abil- Americans, and this is the treatment There are some things that we might ity to do just that, and I urge my col- that we give them. not all agree with; but in the end, we leagues to support it. This one provision alone will disrupt vote on the bill that we feel is right for The Acting CHAIR. The gentle- I can’t tell you how many operations our Nation. And believe me, there is woman’s time has expired. worldwide and is worthy of our rejec- nothing that either side will do to help Mr. REYES. I yield the gentlelady 15 tion of this direction in the intel- the terrorists; we will go after the ter- additional seconds. ligence community. rorists with a vigor. Ms. ESHOO. Finally, I would like to Mr. REYES. Madam Chair, it is now Mr. HOEKSTRA. Madam Chair, I say in response to really a terrible my privilege to yield 2 minutes to the yield myself 1 minute. charge that was made by one of our chairman of the Subcommittee on There are a lot of things in this bill colleagues on the other side of the aisle Technical and Tactical Intelligence, that are not addressed, that were not

VerDate Nov 24 2008 01:09 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\K25FE7.036 H25FEPT1 dcolon on DSK2BSOYB1PROD with HOUSE H856 CONGRESSIONAL RECORD — HOUSE February 25, 2010 allowed to be put in order as we went are evident, and law enforcement orga- The Acting CHAIR. The gentleman through the rules process. One of those nizations across the United States rou- from Texas has 31⁄4 minutes remaining, things is how we are going to deal with tinely use the practice to both protect and the gentleman from Michigan has 3 the detainees from Guantanamo. the person being interrogated and the minutes remaining. You know, at one time they were officer conducting the interrogations Mr. REYES. Madam Chair, I reserve going to be moved into Kansas; the and, importantly, to get better, more the balance of my time. people in Kansas stood up and said no. useful information. Clearly, the CIA Mr. HOEKSTRA. Madam Chair, I am They then were going to moved to itself valued this tool as well, other- going to be the last speaker, so we only Michigan, and the people in Michigan wise it would not have made the re- have one speaker left. stood up and said no. They then were cordings that it did of interrogations of I reserve the balance of my time. Mr. REYES. Madam Chair, I now going to be moved to South Carolina, ‘‘high-value’’ detainees that were cap- yield 11⁄2 minutes to the chairwoman of and the leadership in South Carolina tured in the wake of the 9/11 attacks. the Oversight and Investigations Sub- said no. Now it is the people in Illinois The amendment will allow the CIA Di- committee, the gentlewoman from Illi- that are fighting the valiant battle and rector to determine how to conduct the saying, no, we don’t want them in our nois (Ms. SCHAKOWSKY). recordings in a way that protects the Ms. SCHAKOWSKY. Madam Chair, I State either. identity of interrogators and protects There has been a fundamental prob- am proud to support this legislation other material that must be kept se- because it will provide the men and lem in each case where the administra- cret. tion has proposed moving these indi- women of our intelligence community Finally, the bill also advances some with the tools they need to protect the viduals into a State; there has been ab- of my other priorities, including a sus- solutely no transparency. People in Nation while implementing vital provi- tained emphasis on improving foreign sions to promote accountability and Michigan, people in Illinois, people in language capabilities, expanding GAO’s South Carolina and Kansas have all oversight. ability to conduct investigations of in- As the Chair of the Subcommittee on asked for the fundamental information: telligence community activities, and a Oversight and Investigations, I have Who are these individuals? Why are long-overdue declassification review worked to limit the intelligence com- they in Guantanamo? What did they do requirement for gulf war illness-related munity’s dangerous overreliance on to deserve to be there? What has their records at the CIA. private contractors. To that end, I behavior been while they have been in I urge my colleagues to join me in have worked hard to include section 338 Guantanamo? In each case, for each of voting for this bill. in this bill, which requires the Director those States we’ve said, before the Mr. HOEKSTRA. I yield my colleague of National Intelligence to provide a States make up their mind as to from Texas (Mr. THORNBERRY) 11⁄2 min- comprehensive report to Congress on whether they are going to accept these utes. the intelligence community’s use of individuals or not, share these individ- Mr. THORNBERRY. Madam Chair, personal service contracts. It is my uals with the policymakers and the de- our colleague on the Intelligence Com- hope that this report will finally give cision-makers in that State. us a clear picture of how much our na- Mr. REYES. Madam Chair, it is prob- mittee from New Jersey talked about the importance of interrogations. It is tional security has been doled out to ably a good point that the ranking the lowest bidder. member makes that there should be a absolutely true that much of the information that the United States has re- I want to talk for a minute about the debate on Guantanamo; unfortunately, issue of torture. I think it is so impor- this is not the right bill to have that ceived since 9/11 which has prevented further successful terrorist attacks on tant to underscore that the manager’s debate on. amendment includes language origi- I now yield 2 minutes to the chair- our homeland has come from interroga- nally proposed by Mr. MCDERMOTT that man of the Select Intelligence Over- tions. That is why it is so important that we maintain that tool done by reiterates existing law on torture and sight Panel, and a member of the that provides statutory criminal pen- House Intelligence Committee, a val- professionals in the right way, absolutely. But to tie their hands and allow alties for individuals who knowingly ued member, Mr. HOLT from New Jer- commit an act of cruel, inhumane, or sey. those professionals conducting interrogations of terrorists even less latitude degrading treatment. Mr. HOLT. Madam Chair, I thank the What I have been hearing from the than the county sheriff or the FBI in- distinguished Chair of the House Per- Republicans is that somehow we are manent Select Committee for bringing vestigating a bank robbery have just sacrificing our national security by not this bill to the floor. As he said, it is seems to me to be madness. And yet allowing the torture of our enemies. In not perfect, and there are some things the manager’s amendment, which has fact, I think we are enhancing our na- that have developed since the com- traditionally been used for technical- tional security by saying that we will mittee sent this bill to the floor, but type corrections, less controversial eliminate provisions which allow for on balance, we need it and I support it. sorts of issues, the manager’s amend- terrorists to be empowered and to re- I am pleased that the bill includes ment on this bill includes an amazing cruit more people. If we stick to our language I developed that mandates expansion of criminal liability only for values, we enhance our national secu- video recording of detainee interroga- those in the intelligence community. rity. These are already in law right tions by the Central Intelligence Agen- It seems to me that before we start now, and that is all this bill does is un- cy. This provision’s purpose is simple: prosecuting members of the intel- derscore the lawfulness of the new to improve the intelligence operations ligence community for not giving ter- rules. of the CIA and enhance our national se- rorists the amount of sleep they ask Mr. REYES. Madam Chair, I yield 1 curity by ensuring the video recording for or for doing something that may minute to a valued member of our com- of each detainee interrogation. It re- violate whatever they describe as their mittee, the gentleman from California quires the Director of the CIA to pro- religious beliefs, we ought to think (Mr. SCHIFF). mulgate and to provide to Congress the twice about it. Mr. SCHIFF. I thank the gentleman guidelines under which such video re- It is important to say there is no rea- for yielding. cording shall be done. And it requires sonableness standard to say what is Madam Chair, I rise in support of the that the video recordings have to be reasonably your intelligence belief or a intelligence authorization bill. As a maintained and so forth. I note that reasonable amount of sleep; this is all member of the committee, I am con- this provision is extremely similar to at the discretion of the terrorist. We fident it provides our intelligence com- the one that was included in last year’s are jumping to their tune under this munity with the tools it needs to keep National Defense Authorization Act language. It is dangerous, and it should our country safe. There are two aspects and that now serves as the legal basis be rejected. of the bill that I would like to high- for video recording of detainee interro- light. gations within the Department of De- b 1430 First, the bill includes the most sub- fense. Mr. REYES. Madam Chair, may I in- stantial reform to the oversight rela- The benefits of video recording and quire of the time remaining on both tionship between Congress and the ex- electronically recording interrogations sides? ecutive branch in a generation. The bill

VerDate Nov 24 2008 03:28 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\K25FE7.038 H25FEPT1 dcolon on DSK2BSOYB1PROD with HOUSE February 25, 2010 CONGRESSIONAL RECORD — HOUSE H857 requires that the President provides all Is this what the process in the House This bill continues the policies that are work- notifications in writing and to main- has now come down to, that we bury ing and strengthens America’s intelligence col- tain a record of briefings. It requires these critical amendments between 22 lection. It significantly increases funding for the President to inform all members of other amendments? If we split up the human intelligence, a resource that is irre- the Intelligence Committees when a time equally, let’s see. We have 22 placeable in disrupting terrorist networks. To Gang of Eight briefing is conducted, amendments divided by 20 minutes. We ensure the broad reach of our intelligence giving members who are not in the will, maybe, have 1 minute of debate. community, it makes important investments in Gang of Eight the awareness they need We will have 1 minute of debate on this language training and scholarships, so that to prevent abuse of the process. It re- amendment. It will be interesting when our personnel will have the resources to infil- quires the President to open up the our folks in the intelligence commu- trate networks and intercept communications briefing to the full committee after 180 nity see what our friends on the other around the world. It also strengthens our de- days unless the Director of National side of the aisle have done to them fenses against the emerging threats of Intelligence recertifies that the stand- today, our friends on the other side cyberterrorism and cyberwarfare, which, if un- ards of the statute are still met. who talk about how they so strongly checked, could have a crippling effect on our Second, the bill makes critical in- defend our intelligence community. military and economy. And this legislation vestments in our overhead infrastruc- When they go visit them in the field, I makes an important contribution to America’s ture and architecture. This is essential would guess that they are going to get nuclear non-proliferation efforts by requiring to our intelligence capability and a very cold reception. reports on the nuclear intentions and capabili- wouldn’t be possible without the work The other thing that they are going ties of Iran, Syria, and North Korea, as well as of some of the most brilliant minds in to do is they are going to have ques- on the worldwide black market in materials the country, like the scientists at the tions, and they are going to expect the that could contribute to nuclear weapons. Jet Propulsion Laboratory. majority to explain how they did this At the same time as it strengthens our intel- We are not giving the administration with no hearings. They are going to ligence capabilities, this authorization bill also a blank check. It is imperative that have to explain exactly, Now, what ensures that they receive reasonable and re- our major acquisitions stay on budget sponsible oversight to protect Americans’ and on schedule. Resources are scarce, does this amendment do? How does it impact us? What does it mean? How is rights. It creates an independent inspector and we cannot allow a handful of pro- general with responsibility for the entire intel- grams to spin out of control. The com- it operational? I assume you knew that before you ligence community; protects the Intelligence mittee will keep a close eye on those Committees’ access, through the Government programs. voted on it on the floor of the House, and my answer is going to be, I don’t Accountability Office, to the information it Mr. HOEKSTRA. Madam Chair, my needs to conduct proper oversight of intel- colleague on the other side of the aisle, think they do. I yield back the balance of my time. ligence activities; and requires that the CIA In- Chairman REYES, has said now is not Mr. REYES. Madam Chair, I under- spector General audit each covert action at the time to talk about Gitmo. Obvi- least once every three years. To prevent the ously, the majority has also said now is stand the frustration on the minority side. As an Army veteran, as a veteran abuse of detainees that weakens our moral not the time to talk about getting an case to the world without making Americans of Federal law enforcement for 261⁄2 independent assessment of what is safer, this bill also prohibits private contractors going on in Iran. Now is not the time years, I understand and value the United States Constitution. I under- from interrogating detainees in CIA custody. to talk about the release of unclassi- Finally, this bill, like the recently-passed De- fied versions of documents related to stand and value that we have to live by the rules. I understand and value the fense Authorization bill, prevents the release the use of enhanced interrogation tech- or transfer of Guantanamo detainees until the niques. Now is not the time to talk fact that we are a global leader that is much respected. president provides a plan for dealing with about bringing the Gitmo folks here. those detainees and mitigating any risk their Now is not the time to talk about the The gentleman talks about one amendment, and that amendment sim- release or transfer might cause. time lapse between Fort Hood and Madam Chair, the Founders spoke of pro- Christmas Day and what did and did ply says, Follow the rules. Follow the law. Follow the principles that have viding ‘‘for the common defense’’ not only be- not happen during that period of time. cause we face common threats, but because made this country great. I understand Now is not the time to talk about a the work of overcoming them must be com- process for the authorization and noti- that. Apparently, the minority does not mon to all of us. That work is far too important fication of covert actions that may re- to be subjected to fear-mongering or the de- sult in the death of a targeted U.S. cit- understand that, and I feel for them because, in the final analysis, I have been mands of the political cycle. That doesn’t obli- izen. gate all of my colleagues to vote for this bill, with members of the intelligence com- So it is not time to talk about any of though I hope they will; but it does oblige us munity in faraway places around the those or to debate any of those issues to conduct this debate, today and in the days world. I have been with them and their which are absolutely critical to the ef- to come, with the respect and responsibility families at Bethesda when they were fectiveness of our intelligence commu- that our common defense from common dan- recuperating from the attack in Khost. nity and to keeping America safe. ger demands. Interestingly enough, it is the day I have been to the ceremony at the Mr. VAN HOLLEN. Madam Chair, I stand in not to talk about but to bury into a CIA. I understand what they go support of the 2010 Intelligence Authorization manager’s amendment 22 different through. This is a good bill. It deserves Act. amendments, including one that will everybody’s support. This measure continues congress’ commit- fundamentally change the way our in- Mr. HOYER. Madam Chair, I rise in support ment to delivering to the men and women who telligence community has to do busi- of this Intelligence Authorization bill, which au- serve in the country’s intelligence community ness. No hearings. No discussions. No thorizes the tools America needs to detect and the resources they need to conduct the vital debate. Buried in there is the combat its greatest threats, including what work of protecting American lives. This bill en- McDermott amendment. We are now President Obama called ‘‘a far-reaching net- sures that these resources are delivered in a limited to, at most, 10 minutes per side work of violence and hatred.’’ manner that strengthens accountability. to talk about 22 amendments in the In the past weeks, we’ve seen a great deal In addition to authorizing funding for 16 U.S. manager’s amendment, which will of evidence that policies adopted by President intelligence agencies and intelligence-related come up immediately following this Obama and Democrats are working to keep activities of the government, the bill contains general debate. Yet it is interesting Americans safer. In Pakistan, the government important provisions to expand independent that, in the discussion of general de- is cooperating for the first time in the arrest of government oversight of the intelligence com- bate, not one person on the other side top Taliban leaders, including second-in-community so that the American public can be was willing to defend this amendment mand Abdul Ghani Baradar and Abdul Kabir, confident that the essential work of intelligence and the process by which it was in- a member of the senior leadership. At home, gathering is done in a manner that comports cluded—meaning no discussions, no de- Najibullah Zazi has just pled guilty in federal with the highest moral standards. bate—or to defend the content of what court for attempting to bomb New York City’s To ensure that all relevant members of con- is included in the manager’s amend- subway, and the Christmas Day bomber is gress are kept abreast of all important intel- ment. giving us timely intelligence. ligence developments, the bill repeals the

VerDate Nov 24 2008 04:39 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00023 Fmt 4634 Sfmt 9920 E:\CR\FM\K25FE7.042 H25FEPT1 dcolon on DSK2BSOYB1PROD with HOUSE H858 CONGRESSIONAL RECORD — HOUSE February 25, 2010 ‘‘Gang of Eight’’ provision which has for years The quality and value of existing scientific This legislation contains provisions that im- limited some congressional intelligence com- research on interrogation; plement vital measures of accountability, such mittee member access to intelligence informa- The state of interrogation training within the as a provision to prohibit the use of funds for tion and activities. With the passage of this intelligence community, including its ethical payment to any contractor to conduct interro- measure, the president will be required to brief component; gations of detainees currently in custody. I all covered members of congress on the cov- Efforts to enhance career paths for interro- also support the provision in this legislation to ert actions and programs of the government. gation specialists; and establish an independent intelligence commu- This will ensure that all officials who have The effectiveness of existing processes for nity-wide Inspector General. These provisions been elected to oversee intelligence matters studying and implementing best practices. are an important step to ensure that mecha- are briefed and aware of events as they un- These and other key provisions of this bill nisms of accountability and oversight are in fold. are only a start, but they represent an impor- place. However, I remain concerned that some To help combat waste, fraud and abuse, the tant first step toward improving the effective- of the methods being employed by our intel- bill creates a new Office of the Inspector Gen- ness and accountability of our intelligence ligence community may amount to serious vio- eral and invests the office with subpoena pow- community, and ensuring that the necessary lations of international law and our Constitu- ers and important protections to ensure its measures we take to protect our country do tion. independence. not come at the cost of our fundamental val- Last month, The Washington Post and New Madam Chair, Congress has not sent an in- ues. York Times reported that the Joint Special Op- telligence authorization bill to the president for Finally, I feel compelled to add that my col- erations Command (JSOC) maintained lists of his signature in more than 5 years. That leagues on the other side of the aisle who are ‘‘high value individuals’’ targeted for assas- means for five years, congress has not been claiming that this bill—and this Administra- sination abroad, and that those lists contain a full partner in the development of this coun- tion—somehow do not appreciate the threat U.S. citizens. What’s more, the President may try’s national security policy. We need to pass our nation is facing have clearly neither read have authorized military operations with the this bill, not only to fulfill our oversight respon- the text of this legislation nor given the issue express understanding that a U.S. citizen sibilities, but also for the sake of the brave much serious thought. Rather than holding up might be killed, or may be killed in the future. men and women in and out of uniform who military commissions at Guantanamo Bay as a Under such a policy, U.S. citizens are have dedicated themselves to the important panacea for all of our ills, we should be con- added to the list simply for being suspected of work this bill helps to fund. fronting the threats we face squarely, soberly, involvement in terrorism, in subversion of their Mr. PRICE of North Carolina. Madam Chair, and with vigilant attention to questions of ef- basic constitutional rights to due process of I rise today in strong support of this legislation. fectiveness and ethicality—which is exactly law. Their right to a trial and to present a de- It has been five long years since an intel- what this bill does. fense is summarily and anonymously stripped ligence authorization bill was last signed into I thank Chairman REYES, Ranking Member from them. History has demonstrated that the law, and each new revelation about the con- HOEKSTRA, and the members of their com- U.S. government has been mistaken when ac- duct of the previous administration testifies to mittee for their leadership and their continued cusing someone of involvement in terrorism. the need for effective congressional oversight attention to these vital issues, and I urge my Most recently, following the 2008 Supreme of the intelligence community. colleagues to support this legislation. Court decision to afford detainees held indefi- This bill also provides an opportunity to Mr. ETHERIDGE. Madam Chair, I rise today nitely at Guantanamo Bay habeas corpus move beyond questions of misconduct and in support of H.R. 2701 the Fiscal Year 2010 rights, the government was forced by federal abuse to address the longer-term challenges Intelligence Authorization Act. This bill will judges to release thirty-three of thirty-nine de- of improving our intelligence capabilities, mak- make our nation safer by improving federal in- tainees on the grounds of insufficient evidence ing them responsive to cyber-security and telligence operations and supporting a national to support accusations of their involvement in other new threats, and ensuring that they are defense strategy that is both strong and smart. terrorism. U.S. citizens accused of involve- accountable to Congress and the American I am proud to represent Fort Bragg and ment in terrorism are not even afforded the public. Pope Air Force Base. For many years I was I’d like to highlight two aspects of the bill on same rights that Guantanamo detainees are— the only member from North Carolina on the which I have worked in recent years (along if they are added to the targeted assassination Homeland Security Committee. I am also a with colleagues such as Ms. SCHAKOWSKY and list, their punishment is murder. veteran of the United States Army. All these In response to these reports, I submitted a Mr. HOLT), and which I believe are important experiences make me particularly mindful of steps toward improving the effectiveness of common-sense amendment that would have the importance of intelligence. Successful in- our intelligence operations. required the President to report to the con- First, the bill contains several provisions telligence makes our men and women in the gressional intelligence committees the identi- dealing with the use of private contractors by military safer. This is the least we can do for ties of all U.S. citizens included on such lists, the intelligence community, which by some re- those who voluntarily put themselves in harm’s currently or in the future. My amendment was ports has come to consume nearly half of the way. about accountability. If the Administration sees annual intelligence budget. I am also aware of the cost of intelligence fit to revoke unilaterally the constitutional It would require a comprehensive report on failures, where either oversight or intelligence rights of U.S. citizens abroad based on sus- the number and cost of contractors employed falls short. H.R. 2701 is an important bill that picion of involvement in terrorism, devoid of by the intelligence community and the extent both provides necessary investments in intel- any judicial review, it must at least be required of their use for intelligence collection, analysis, ligence, and implements the democratic con- to report to the congressional intelligence and other covert activities including detention trols needed to be certain that those invest- committees each time a U.S. citizen is added and interrogation. ments are well managed. to a targeted assassination list. It also explicitly prohibits the use of contrac- This bill will ensure that Congress fully un- Since the beginning of the War in Iraq more tors for the interrogation of detainees, codi- derstands own responses to terror. Complete than eight years ago, I have expressed grave fying a prohibition that the CIA itself has al- review of the recent, failed attempt at an at- concern that intelligence is being fabricated or ready adopted. tack on Northwest Airlines flight 253 can make abused by the Executive Branch to justify the Both of these measures are based on my future attempts more likely to fail as well. Simi- war in Iraq. More recently, The Nation re- Transparency and Accountability in Intel- larly, the mandated report on the anthrax at- ported that Blackwater was intimately involved ligence Contracting Act (H.R. 963), and both tacks of nine years ago will publicize lessons in a targeted assassination program run by the were approved by the House in the last intel- learned about emerging threats, helping us to JSOC and the Central Intelligence Agency ligence authorization bill but were not signed deal with similar threats more effectively in the (CIA) in Pakistan—a country with which we into law. future. are not at war. I am gravely concerned about Secondly, the bill lays a foundation for mak- Madam Chair, I support this legislation, and the use of private security contractors in intel- ing the practice of interrogation more effective, I urge my colleagues to join me in passing ligence work, particularly in programs that professional, and ethical. H.R. 2701. have virtually no transparency, accountability, I have worked closely with Subcommittee Mr. KUCINICH. Madam Chair, I rise in or oversight. I remain concerned that we are Chairman MIKE THOMPSON in crafting a section strong support of the dedicated public serv- continuing to conduct intelligence work in con- of this bill based on H.R. 591, my comprehen- ants of our intelligence community. Their work travention of international law and in violation sive interrogation and detention reform bill. to ensure our national security is to be com- of the U.S. Constitution. Our provision would require the DNI to re- mended. However, I must oppose the Intel- I will continue to work to ensure that all port to Congress on: ligence Authorization Act of 2010. have equal protection under the law; and that

VerDate Nov 24 2008 03:28 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00024 Fmt 4634 Sfmt 9920 E:\CR\FM\A25FE7.020 H25FEPT1 dcolon on DSK2BSOYB1PROD with HOUSE February 25, 2010 CONGRESSIONAL RECORD — HOUSE H859 Congress conducts its constitutionally man- Sec. 336. Certification of compliance with over- Sec. 402. Membership of the Director of Na- dated oversight of the Executive Branch effec- sight requirements. tional Intelligence on the Trans- tively. Sec. 337. Reports on foreign industrial espio- portation Security Oversight nage. Mr. REYES. I yield back the balance Board. Sec. 338. Report on intelligence community con- Sec. 403. Additional duties of the Director of of my time. tractors. Science and Technology. The Acting CHAIR. All time for gen- Sec. 339. Report on transformation of the intel- Sec. 404. Plan to implement recommendations of eral debate has expired. ligence capabilities of the Federal the data center energy efficiency Pursuant to the rule, the amendment Bureau of Investigation. reports. in the nature of a substitute printed in Sec. 340. Report on intelligence resources dedi- Sec. 405. Title of Chief Information Officer of cated to Iraq and Afghanistan. the Intelligence Community. the bill shall be considered as an origi- Sec. 341. Report on international traffic in arms nal bill for the purpose of amendment Sec. 406. Inspector General of the Intelligence regulations. Community. under the 5-minute rule and shall be Sec. 342. Report on nuclear trafficking. considered read. Sec. 343. Study on revoking pensions of persons Subtitle B—Central Intelligence Agency The text of the amendment in the na- who commit unauthorized disclo- Sec. 411. Review of covert action programs by ture of a substitute is as follows: sures of classified information. Inspector General of the Central Sec. 344. Study on electronic waste destruction Intelligence Agency. H.R. 2701 practices of the intelligence com- Sec. 412. Prohibition on the use of private con- Be it enacted by the Senate and House of Rep- munity. tractors for interrogations involv- resentatives of the United States of America in Sec. 345. Report on retirement benefits for ing persons in the custody of the Congress assembled, former employees of Air America. Central Intelligence Agency. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Sec. 346. Study on college tuition programs for Sec. 413. Appeals from decisions of Central In- (a) SHORT TITLE.—This Act may be cited as employees of the intelligence com- telligence Agency contracting offi- the ‘‘Intelligence Authorization Act for Fiscal munity. cers. Year 2010’’. Sec. 347. National Intelligence Estimate on Sec. 414. Deputy Director of the Central Intel- (b) TABLE OF CONTENTS.—The table of con- global supply chain ligence Agency. tents for this Act is as follows: vulnerabilities. Sec. 415. Protection against reprisals. Sec. 348. Review of records relating to potential Sec. 1. Short title; table of contents. Sec. 416. Requirement for video recording of in- health risks among Desert Storm Sec. 2. Definitions. terrogations of persons in the cus- veterans. TITLE I—BUDGET AND PERSONNEL tody of the Central Intelligence Sec. 349. Review of pensions of employees af- Agency. AUTHORIZATIONS fected by ‘‘five and out’’ program Subtitle C—Other Elements Sec. 101. Authorization of appropriations. of the Federal Bureau of Inves- Sec. 102. Classified Schedule of Authorizations. tigation. Sec. 421. Homeland Security intelligence ele- Sec. 103. Personnel ceiling adjustments. Sec. 350. Summary of intelligence relating to ments. Sec. 104. Intelligence Community Management terrorist recidivism of detainees Sec. 422. Clarification of inclusion of Drug En- Account. held at United States Naval Sta- forcement Administration as an Sec. 105. Prohibition on earmarks. tion, Guantanamo Bay, Cuba. element of the intelligence commu- Sec. 106. Restriction on conduct of intelligence Sec. 351. Summary of intelligence on Uighur de- nity. activities. tainees held at United States Sec. 423. Repeal of certain authorities relating TITLE II—CENTRAL INTELLIGENCE AGEN- Naval Station, Guantanamo Bay, to the Office of the National CY RETIREMENT AND DISABILITY SYS- Cuba. Counterintelligence Executive. TEM Sec. 352. Report on interrogation research and Sec. 424. Confirmation of appointment of heads of certain components of the intel- Sec. 201. Authorization of appropriations. training. Sec. 353. Report on plans to increase diversity ligence community. TITLE III—GENERAL INTELLIGENCE within the intelligence commu- Sec. 425. Associate Director of the National Se- COMMUNITY MATTERS nity. curity Agency for Compliance and Subtitle A—Personnel Matters Sec. 354. Review of Federal Bureau of Inves- Training. Sec. 301. Increase in employee compensation tigation exercise of enforcement Sec. 426. General Counsel of the National Secu- and benefits authorized by law. jurisdiction in foreign nations. rity Agency. Sec. 302. Temporary appointment to fill vacan- Sec. 355. Repeal of certain reporting require- Sec. 427. Inspector General of the National Se- cies in Presidentially appointed ments. curity Agency. and Senate confirmed positions in Sec. 356. Incorporation of reporting require- Sec. 428. Charter for the National Reconnais- the Office of the Director of Na- ments. sance Office. Sec. 357. Conforming amendments. tional Intelligence. TITLE V—OTHER MATTERS Subtitle E—Other Matters Sec. 303. Enhanced flexibility in nonreimburs- Subtitle A—General Intelligence Matters able details to elements of the in- Sec. 361. Modification of availability of funds telligence community. for different intelligence activi- Sec. 501. Extension of National Commission for Sec. 304. Provisions relating to the Defense Ci- ties. the Review of the Research and vilian Intelligence Personnel Sys- Sec. 362. Protection of certain national security Development Programs of the tem. information. United States Intelligence Com- munity. Subtitle B—Education Sec. 363. Extension of authority to delete information about receipt and disposi- Sec. 502. Expansion and clarification of the du- Sec. 311. Permanent authorization for the Pat tion of foreign gifts and decora- ties of the program manager for Roberts Intelligence Scholars Pro- tions. the information sharing environ- gram. Sec. 364. Exemption of dissemination of terrorist ment. Sec. 312. Intelligence officer training program. identity information from Free- Sec. 503. Classification review of executive Sec. 313. Modifications to the Stokes edu- dom of Information Act. branch materials in the possession cational scholarship program. Sec. 365. Misuse of the intelligence community of the congressional intelligence Sec. 314. Pilot program for intensive language and Office of the Director of Na- committees. instruction in African languages. tional Intelligence name, initials, Sec. 504. Prohibition on use of funds to provide Subtitle C—Congressional Oversight of Covert or seal. Miranda warnings to certain per- Actions Sec. 366. Security clearances: reports; ombuds- sons outside of the United States. Sec. 321. Reporting on covert actions. man; reciprocity. Subtitle B—Technical Amendments Sec. 367. Limitation on use of funds for the Subtitle D—Reports and Other Congressional Sec. 511. Technical amendments to the Central transfer or release of individuals Oversight Intelligence Agency Act of 1949. detained at United States Naval Sec. 331. Report on financial intelligence on Sec. 512. Technical amendment to mandatory Station, Guantanamo Bay, Cuba. terrorist assets. Sec. 368. Intelligence community financial im- retirement provision of Central Sec. 332. Annual personnel level assessments for provement and audit readiness. Intelligence Agency Retirement the intelligence community. Act. Sec. 333. Semiannual reports on nuclear weap- TITLE IV—MATTERS RELATING TO ELE- Sec. 513. Technical amendments to the Execu- ons programs of Iran, Syria, and MENTS OF THE INTELLIGENCE COMMU- tive Schedule. North Korea. NITY Sec. 514. Technical amendments to the Foreign Sec. 334. Annual report on foreign language Subtitle A—Office of the Director of National Intelligence Surveillance Act of proficiency in the intelligence Intelligence 1978. community. Sec. 401. Clarification of limitation on coloca- Sec. 515. Technical amendments to section 105 Sec. 335. Government Accountability Office au- tion of the Office of the Director of the Intelligence Authorization dits and investigations. of National Intelligence. Act for Fiscal Year 2004.

VerDate Nov 24 2008 03:28 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00025 Fmt 4634 Sfmt 6343 E:\CR\FM\A25FE7.040 H25FEPT1 dcolon on DSK2BSOYB1PROD with HOUSE H860 CONGRESSIONAL RECORD — HOUSE February 25, 2010 Sec. 516. Technical amendments to the Intel- number authorized under such section may not, SEC. 106. RESTRICTION ON CONDUCT OF INTEL- ligence Reform and Terrorism Pre- for any element of the intelligence community, LIGENCE ACTIVITIES. vention Act of 2004. exceed 3 percent of the number of civilian per- The authorization of appropriations by this Sec. 517. Technical amendments relating to the sonnel authorized under such Schedule for such Act shall not be deemed to constitute authority multiyear National Intelligence element. for the conduct of any intelligence activity Program. (b) NOTICE TO CONGRESSIONAL INTELLIGENCE which is not otherwise authorized by the Con- Sec. 518. Technical amendments to the National COMMITTEES.—The Director of National Intel- stitution or the laws of the United States. Security Act of 1947. ligence shall notify the congressional intel- TITLE II—CENTRAL INTELLIGENCE AGEN- Sec. 519. Technical amendments to title 10, ligence committees in writing at least 15 days CY RETIREMENT AND DISABILITY SYS- United States Code. prior to each exercise of an authority described TEM SEC. 2. DEFINITIONS. in subsection (a). SEC. 201. AUTHORIZATION OF APPROPRIATIONS. In this Act: SEC. 104. INTELLIGENCE COMMUNITY MANAGE- There is authorized to be appropriated for the (1) CONGRESSIONAL INTELLIGENCE COMMIT- MENT ACCOUNT. Central Intelligence Agency Retirement and Dis- TEES.—The term ‘‘congressional intelligence (a) AUTHORIZATION OF APPROPRIATIONS.— ability Fund for fiscal year 2010 the sum of committees’’ means— There is authorized to be appropriated for the $290,900,000. (A) the Permanent Select Committee on Intel- Intelligence Community Management Account TITLE III—GENERAL INTELLIGENCE ligence of the House of Representatives; and of the Director of National Intelligence for fiscal COMMUNITY MATTERS year 2010 the sum of $672,812,000. Within such (B) the Select Committee on Intelligence of the Subtitle A—Personnel Matters Senate. amount, funds identified in the classified Sched- SEC. 301. INCREASE IN EMPLOYEE COMPENSA- (2) INTELLIGENCE COMMUNITY.—The term ‘‘in- ule of Authorizations referred to in section 102(a) for advanced research and development TION AND BENEFITS AUTHORIZED telligence community’’ has the meaning given BY LAW. that term in section 3(4) of the National Security shall remain available until September 30, 2011. Appropriations authorized by this Act for sal- (b) AUTHORIZED PERSONNEL LEVELS.—The ele- Act of 1947 (50 U.S.C. 401a(4)). ary, pay, retirement, and other benefits for Fed- ments within the Intelligence Community Man- TITLE I—BUDGET AND PERSONNEL eral employees may be increased by such addi- agement Account of the Director of National In- AUTHORIZATIONS tional or supplemental amounts as may be nec- telligence are authorized 853 full-time or full- essary for increases in such compensation or SEC. 101. AUTHORIZATION OF APPROPRIATIONS. time equivalent personnel as of September 30, benefits authorized by law. Funds are hereby authorized to be appro- 2010. Personnel serving in such elements may be priated for fiscal year 2010 for the conduct of permanent employees of the Office of the Direc- SEC. 302. TEMPORARY APPOINTMENT TO FILL VA- the intelligence and intelligence-related activi- CANCIES IN PRESIDENTIALLY AP- tor of National Intelligence or personnel de- POINTED AND SENATE CONFIRMED ties of the following elements of the United tailed from other elements of the United States POSITIONS IN THE OFFICE OF THE States Government: Government. DIRECTOR OF NATIONAL INTEL- (1) The Office of the Director of National In- (c) CONSTRUCTION OF AUTHORITIES.—The au- LIGENCE. telligence. thorities available to the Director of National Section 103 of the National Security Act of (2) The Central Intelligence Agency. Intelligence under section 103 are also available 1947 (50 U.S.C. 403–3) is amended by— (3) The Department of Defense. to the Director for the adjustment of personnel (1) redesignating subsection (e) as subsection (4) The Defense Intelligence Agency. levels within the Intelligence Community Man- (f); and (5) The National Security Agency. agement Account. (2) inserting after subsection (d) the following (6) The Department of the Army, the Depart- (d) CLASSIFIED AUTHORIZATIONS.— new subsection: ment of the Navy, and the Department of the (1) AUTHORIZATION OF APPROPRIATIONS.—In ‘‘(e) TEMPORARY APPOINTMENT TO FILL VA- Air Force. addition to amounts authorized to be appro- CANCIES.—Notwithstanding section 3345 of title (7) The Coast Guard. priated for the Intelligence Community Manage- 5, United States Code, if an officer of the Office (8) The Department of State. ment Account by subsection (a), there are au- of the Director of National Intelligence, other (9) The Department of the Treasury. thorized to be appropriated for the Community than the Director of National Intelligence, (10) The Department of Energy. Management Account for fiscal year 2010 such whose appointment to office is required to be (11) The Department of Justice. additional amounts as are specified in the clas- made by the President, by and with the advice (12) The Federal Bureau of Investigation. sified Schedule of Authorizations referred to in and consent of the Senate, dies, resigns, or is (13) The Drug Enforcement Administration. section 102(a). Such additional amounts for ad- unable to perform the functions and duties of (14) The National Reconnaissance Office. vanced research and development shall remain the office— (15) The National Geospatial-Intelligence available until September 30, 2011. ‘‘(1) if during the 365-day period immediately Agency. (2) AUTHORIZATION OF PERSONNEL.—In addi- preceding the date of death, resignation, or be- (16) The Department of Homeland Security. tion to the personnel authorized by subsection ginning of inability to serve of the applicable of- SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZA- (b) for elements of the Intelligence Community ficer, the person serving as the first assistant to TIONS. Management Account as of September 30, 2010, the office of such officer served as such first as- (a) SPECIFICATIONS OF AMOUNTS AND PER- there are authorized such additional personnel sistant for not less than 90 days, such first as- SONNEL LEVELS.—The amounts authorized to be for the Community Management Account as of sistant shall perform the functions and duties of appropriated under section 101 and, subject to that date as are specified in the classified the office temporarily in an acting capacity subsection 103, the authorized personnel ceilings as Schedule of Authorizations referred to in section ject to the time limitations of section 3346 of title of September 30, 2010, for the conduct of the in- 102(a). 5, United States Code; ‘‘(2) notwithstanding paragraph (1), the Presi- telligence activities of the elements listed in SEC. 105. PROHIBITION ON EARMARKS. paragraphs (1) through (16) of section 101, are dent may direct a person who serves in an office (a) IN GENERAL.—Nothing in the classified for which appointment is required to be made by those specified in the classified Schedule of Au- Schedule of Authorizations, a report of the Per- thorizations prepared to accompany the bill the President, by and with the advice and con- manent Select Committee on Intelligence of the sent of the Senate, to perform the functions and H.R. 2701 of the One Hundred Eleventh Con- House of Representatives or the Select Com- gress. duties of the vacant office temporarily in an mittee on Intelligence of the Senate to accom- acting capacity subject to the time limitations of (b) AVAILABILITY OF CLASSIFIED SCHEDULE OF pany the bill H.R. 2701 of the One Hundred AUTHORIZATIONS.—The classified Schedule of such section 3346; or Eleventh Congress, a joint statement of the ‘‘(3) notwithstanding paragraph (1), the Di- Authorizations referred to in subsection (a) managers accompanying a conference report on rector of National Intelligence shall recommend shall be made available to the Committee on Ap- such bill, or the classified annex to this Act, to the President, and the President may direct, propriations of the Senate, the Committee on shall be construed to authorize or require the a person to perform the functions and duties of Appropriations of the House of Representatives, expenditure of funds for a congressional ear- the vacant office temporarily in an acting ca- and to the President. The President shall pro- mark. pacity subject to the time limitations of such vide for suitable distribution of the Schedule, or (b) CONGRESSIONAL EARMARK DEFINED.—In section 3346, if— of appropriate portions of the Schedule, within this section, the term ‘‘congressional earmark’’ ‘‘(A) during the 365-day period preceding the the executive branch. means a provision or report language included date of death, resignation, or beginning of in- SEC. 103. PERSONNEL CEILING ADJUSTMENTS. primarily at the request of a Member, Delegate, ability to serve of the applicable officer, such (a) AUTHORITY FOR INCREASES.—With the ap- or Resident Commissioner of the House of Rep- person served in a position in an element of the proval of the Director of the Office of Manage- resentatives or a Senator providing, authorizing, intelligence community for not less than 90 ment and Budget, the Director of National In- or recommending a specific amount of discre- days; telligence may authorize employment of civilian tionary budget authority, credit authority, or ‘‘(B) the rate of pay for the position described personnel in excess of the number authorized for other spending authority for a contract, loan, under subparagraph (A) is equal to or greater fiscal year 2010 by the classified Schedule of Au- loan guarantee, grant, loan authority, or other than the minimum rate of pay payable for a po- thorizations referred to in section 102(a) if the expenditure with or to an entity, or targeted to sition at GS–15 of the General Schedule; and Director of National Intelligence determines that a specific State, locality, or congressional dis- ‘‘(C) in the case of a person who is employed such action is necessary to the performance of trict, other than through a statutory or adminis- by an element of the intelligence community— important intelligence functions, except that the trative formula-driven or competitive award ‘‘(i) the Director of National Intelligence shall number of personnel employed in excess of the process. consult with the head of such element; and

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‘‘(ii) if the head of such element objects to the PLOYEES HOLDING COVERED POSITIONS TO THE nity to determine the areas in which such ele- recommendation, the Director of National Intel- APPROPRIATE PAY SYSTEM.— ments are, or are likely to be, deficient in capa- ligence may make the recommendation to the (1) IN GENERAL.—The Secretary of Defense bilities. President over the objection of the head of such shall take all actions which may be necessary to ‘‘(c) USE OF FUNDS.—Funds made available element after informing the President of such provide, within 12 months after the date of en- for the program under subsection (a) shall be objection.’’. actment of this Act, for the termination of the used to— SEC. 303. ENHANCED FLEXIBILITY IN NONREIM- DCIPS pay system with respect to covered posi- ‘‘(1) provide a monthly stipend for each month BURSABLE DETAILS TO ELEMENTS tions and for the conversion of any employees that a student is pursuing a course of study; OF THE INTELLIGENCE COMMUNITY. holding any covered positions which, as of such ‘‘(2) pay the full tuition of a student or former (a) IN GENERAL.—Title I of the National Secu- date of enactment, remain subject to the DCIPS student for the completion of such course of rity Act of 1947 (50 U.S.C. 402 et seq.) is amend- pay system, to the appropriate pay system. No study; ed by inserting after section 113 the following employee shall suffer any loss of or decrease in ‘‘(3) pay for books and materials that the stu- new section: pay because of the preceding sentence. dent or former student requires or required to ‘‘DETAIL OF OTHER PERSONNEL (2) REPORT.—If the Secretary of Defense is of complete such course of study; ‘‘SEC. 113A. Except as provided in section the view that the DCIPS pay system should not ‘‘(4) pay the expenses of the student or former 904(g)(2) of the Counterintelligence Enhance- be terminated with respect to covered positions, student for travel requested by an element of the ment Act of 2002 (50 U.S.C. 402c(g)(2)) and sec- as required by paragraph (1), the Secretary intelligence community in relation to such pro- tion 113 of this Act, and notwithstanding any shall submit to the President and both Houses of gram; or other provision of law, an officer or employee of Congress as soon as practicable, but in no event ‘‘(5) for such other purposes the Director con- the United States or member of the Armed later than 6 months after the date of the enact- siders appropriate to carry out such program.’’. Forces may be detailed to an element of the in- ment of this Act, a written report setting forth (b) CONFORMING AMENDMENTS.— telligence community funded through the Com- a statement of the Secretary’s views and the (1) TABLE OF CONTENTS.—The table of con- munity Management Account from another ele- reasons therefor. Such report shall specifically tents in the first section of such Act (50 U.S.C. ment of the United States Government on a re- include— 401 note), as amended by section 303 of this Act, imbursable or nonreimbursable basis, as jointly (A) the Secretary’s opinion as to whether the is further amended by inserting after the item agreed to by the Director of National Intel- DCIPS pay system should be continued, with or relating to section 1021 the following new item: ligence and the head of the detailing element, without changes, with respect to covered posi- ‘‘Sec. 1022. Program on recruitment and train- for a period not to exceed two years.’’. tions; and ing of intelligence analysts.’’. (B) if, in the opinion of the Secretary, the (b) CONFORMING AMENDMENT.—The table of DCIPS pay system should be continued with re- (2) REPEAL OF PILOT PROGRAM.—Section 318 of contents in the first section of such Act (50 spect to covered positions, with changes— the Intelligence Authorization Act for Fiscal U.S.C. 401 note) is amended by inserting after (i) a detailed description of the proposed Year 2004 (Public Law 108–177; 50 U.S.C. 441g the item relating to section 113 the following changes; and note) is repealed. new item: (ii) a description of any administrative action SEC. 312. INTELLIGENCE OFFICER TRAINING PRO- ‘‘Sec. 113A. Detail of other personnel.’’. or legislation which may be necessary. GRAM. SEC. 304. PROVISIONS RELATING TO THE DE- The requirements of this paragraph shall be car- (a) PROGRAM.—Subtitle C of title X of the Na- FENSE CIVILIAN INTELLIGENCE PER- ried out by the Secretary of Defense in conjunc- tional Security Act of 1947 (50 U.S.C. 441m et SONNEL SYSTEM. tion with the Director of the Office of Personnel seq.), as amended by section 311 of this Act, is (a) DEFINITIONS.—For purposes of this sec- Management. further amended by adding at the end the fol- tion— (d) RULE OF CONSTRUCTION.—Nothing in this lowing new section: (1) the term ‘‘covered position’’ means a de- section shall be considered to affect— ‘‘INTELLIGENCE OFFICER TRAINING PROGRAM fense intelligence position in the Department of (1) the provisions of the Defense Civilian In- ‘‘SEC. 1023. (a) PROGRAMS.—(1) The Director Defense established under chapter 83 of title 10, telligence Personnel System governing aspects of of National Intelligence may carry out a grant United States Code, excluding an Intelligence compensation apart from salary or basic pay; or program in accordance with subsection (b) to Senior Level position designated under section (2) the application of such provisions with re- enhance the recruitment and retention of an 1607 of such title and any position in the De- spect to a covered position or any individual ethnically and culturally diverse intelligence fense Intelligence Senior Executive Service; holding a covered position, including after June community workforce with capabilities critical (2) the term ‘‘DCIPS pay system’’, as used 16, 2009. to the national security interests of the United with respect to a covered position, means the Subtitle B—Education States. provisions of the Defense Civilian Intelligence SEC. 311. PERMANENT AUTHORIZATION FOR THE ‘‘(2) In carrying out paragraph (1), the Direc- Personnel System under which the rate of sal- PAT ROBERTS INTELLIGENCE tor of National Intelligence shall identify the ary or basic pay for such position is determined, SCHOLARS PROGRAM. skills necessary to meet current or emergent excluding any provisions relating to bonuses, (a) PERMANENT AUTHORIZATION.—Subtitle C needs of the intelligence community and the awards, or any other amounts not in the nature of title X of the National Security Act of 1947 (50 educational disciplines that will provide individ- of salary or basic pay; U.S.C. 441m et seq.) is amended by adding at the uals with such skills. (3) the term ‘‘Defense Civilian Intelligence end the following new section: ‘‘(b) INSTITUTIONAL GRANT PROGRAM.—(1) The Personnel System’’ means the personnel system ‘‘PROGRAM ON RECRUITMENT AND TRAINING OF Director of National Intelligence may provide established under chapter 83 of title 10, United INTELLIGENCE ANALYSTS grants to institutions of higher education to States Code; and ‘‘SEC. 1022. (a) PROGRAM.—(1) The Director of support the establishment or continued develop- (4) the term ‘‘appropriate pay system’’, as National Intelligence shall carry out a program ment of programs of study in educational dis- used with respect to a covered position, means— to ensure that selected students or former stu- ciplines identified under subsection (a)(2). (A) the system under which, as of September dents are provided funds to continue academic ‘‘(2) A grant provided under paragraph (1) 30, 2007, the rate of salary or basic pay for such training, or are reimbursed for academic train- may, with respect to the educational disciplines position was determined; or ing previously obtained, in areas of specializa- identified under subsection (a)(2), be used for (B) if subparagraph (A) does not apply, the tion that the Director, in consultation with the the following purposes: system under which, as of September 30, 2007, other heads of the elements of the intelligence ‘‘(A) Curriculum or program development. the rate of salary or basic pay was determined community, identifies as areas in which the cur- ‘‘(B) Faculty development. for the positions within the Department of De- rent capabilities of the intelligence community ‘‘(C) Laboratory equipment or improvements. fense most similar to the position involved, are deficient or in which future capabilities of ‘‘(D) Faculty research. excluding any provisions relating to bonuses, the intelligence community are likely to be defi- ‘‘(3) An institution of higher education seek- awards, or any other amounts which are not in cient. ing a grant under this section shall submit an the nature of salary or basic pay. ‘‘(2) A student or former student selected for application describing the proposed use of the (b) REQUIREMENT THAT APPOINTMENTS TO participation in the program shall commit to em- grant at such time and in such manner as the COVERED POSITIONS AFTER JUNE 16, 2009, BE ployment with an element of the intelligence Director may require. SUBJECT TO THE APPROPRIATE PAY SYSTEM.— community, following completion of appropriate ‘‘(4) An institution of higher education that Notwithstanding any other provision of law— academic training, under such terms and condi- receives a grant under this section shall submit (1) the DCIPS pay system— tions as the Director considers appropriate. to the Director regular reports regarding the use (A) shall not apply to any individual holding ‘‘(3) The program shall be known as the Pat of such grant, including— a covered position who is not subject to such Roberts Intelligence Scholars Program. ‘‘(A) a description of the benefits to students system as of June 16, 2009; and ‘‘(b) ELEMENTS.—In carrying out the program who participate in the course of study funded (B) shall not apply to any covered position under subsection (a), the Director shall— by such grant; which is not subject to such system as of June ‘‘(1) establish such requirements relating to ‘‘(B) a description of the results and accom- 16, 2009; and the academic training of participants as the Di- plishments related to such course of study; and (2) any individual who, after June 16, 2009, is rector considers appropriate to ensure that par- ‘‘(C) any other information that the Director appointed to a covered position shall accord- ticipants are prepared for employment as intel- may require. ingly be subject to the appropriate pay system. ligence professionals; and ‘‘(c) REGULATIONS.—The Director of National (c) TERMINATION OF DCIPS PAY SYSTEM FOR ‘‘(2) periodically review the areas of speciali- Intelligence shall prescribe such regulations as COVERED POSITIONS AND CONVERSION OF EM- zation of the elements of the intelligence commu- may be necessary to carry out this section.

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‘‘(d) DEFINITIONS.—In this section: (2) CONFORMING AMENDMENT.—The table of being or was conducted, and any information or ‘‘(1) INSTITUTION OF HIGHER EDUCATION.—The contents in the first section of such Act (50 material relating to legal issues upon which term ‘institution of higher education’ has the U.S.C. 401 note), as amended by section 312 of guidance was sought in carrying out or plan- meaning given the term in section 101 of the this Act, is further amended by inserting after ning the covert action, including dissenting Higher Education Act of 1965 (20 U.S.C. 1001). the item relating to section 1023 the following legal views)’’ after ‘‘concerning covert actions’’; ‘‘(2) DIRECTOR.—The term ‘Director’ means new item: (2) in subsection (c)— (A) by striking paragraph (2) and inserting the Director of National Intelligence.’’. ‘‘Sec. 1024. Stokes scholarship program.’’. (b) REPEAL OF DUPLICATIVE PROVISIONS.— the following new paragraph: SEC. 314. PILOT PROGRAM FOR INTENSIVE LAN- (1) IN GENERAL.—The following provisions of ‘‘(2) If, pursuant to the procedures established GUAGE INSTRUCTION IN AFRICAN by each of the congressional intelligence com- law are repealed: LANGUAGES. mittees under section 501(c), one of the congres- (A) Section 319 of the Intelligence Authoriza- (a) ESTABLISHMENT.—The Director of National sional intelligence committees determines that tion Act for Fiscal Year 2004 (Public Law 108– Intelligence, in consultation with the National not all members of that committee are required 177; 50 U.S.C. 403 note). Security Education Board established under sec- (B) Section 1003 of the National Security Act to have access to a finding under this sub- tion 803(a) of the David L. Boren National Secu- section, the President may limit access to such of 1947 (50 U.S.C. 441g–2). rity Education Act of 1991 (50 U.S.C. 1903(a)), (C) Section 922 of the Ronald W. Reagan Na- finding or such notice as provided in such pro- may establish a pilot program for intensive lan- cedures.’’; and tional Defense Authorization Act for Fiscal guage instruction in African languages. Year 2005 (Public Law 108–375; 50 U.S.C. 402 (B) in paragraph (4), by striking ‘‘is limited to (b) PROGRAM.—A pilot program established the Members of Congress specified in paragraph note). under subsection (a) shall provide scholarships (2)’’ and inserting ‘‘is not provided to all mem- (2) EXISTING AGREEMENTS.—Notwithstanding for programs that provide intensive language in- bers of one of the congressional intelligence the repeals made by paragraph (1), nothing in struction— committees in accordance with paragraph (2)’’; this subsection shall be construed to amend, (1) in any of the five highest priority African (3) in subsection (d)— modify, or abrogate any agreement, contract, or languages for which scholarships are not of- (A) by striking ‘‘(d) The President’’ and in- employment relationship that was in effect in fered under such Act, as determined by the Di- serting ‘‘(d)(1) The President’’; relation to the provisions repealed under para- rector of National Intelligence; and (B) in paragraph (1), as designated by sub- graph (1) on the day prior to the date of the en- (2) both in the United States and in a country paragraph (A) of this paragraph, by striking actment of this Act. in which the language is the native language of ‘‘specified in’’ and inserting ‘‘informed in ac- (c) CONFORMING AMENDMENTS.—The table of a significant portion of the population, as deter- cordance with’’; and contents in the first section of the National Se- mined by the Director of National Intelligence. (C) by adding at the end the following new curity Act of 1947 (50 U.S.C. 401 note), as (c) TERMINATION.—A pilot program estab- paragraph: amended by section 311 of this Act, is further lished in accordance with subsection (a) shall ‘‘(2) For purposes of this subsection, an activ- amended by— terminate on the date that is 5 years after the ity shall constitute a ‘significant undertaking’ if (1) striking the item relating to section 1003; date on which such pilot program is established. the activity— and (d) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(A) involves the potential for loss of life; (2) inserting after the item relating to section (1) IN GENERAL.—There is authorized to be ap- ‘‘(B) requires an expansion of existing au- 1022 the following new item: propriated to carry out this section $2,000,000. thorities, including authorities relating to re- (2) AVAILABILITY.—Funds authorized to be search, development, or operations; ‘‘Sec. 1023. Intelligence officer training pro- ‘‘(C) results in the expenditure of significant appropriated under paragraph (1) shall remain gram.’’. funds or other resources; SEC. 313. MODIFICATIONS TO THE STOKES EDU- available until the termination of the pilot pro- ‘‘(D) requires notification under section 504; CATIONAL SCHOLARSHIP PROGRAM. gram in accordance with subsection (c). ‘‘(E) gives rise to a significant risk of dis- (a) EXPANSION OF PROGRAM TO GRADUATE Subtitle C—Congressional Oversight of Covert closing intelligence sources or methods; or STUDENTS.—Section 16 of the National Security Actions ‘‘(F) could cause serious damage to the diplo- Agency Act of 1959 (50 U.S.C. 402 note) is SEC. 321. REPORTING ON COVERT ACTIONS. matic relations of the United States if such ac- amended— (a) GENERAL CONGRESSIONAL OVERSIGHT.— tivity were disclosed without authorization.’’; (1) in subsection (a)— Section 501(a) of the National Security Act of and (4) by adding at the end the following new (A) by striking ‘‘undergraduate’’ and insert- 1947 (50 U.S.C. 413(a)) is amended by adding at subsections: ing ‘‘undergraduate and graduate’’; and the end the following new paragraph: ‘‘(g)(1) A Member of Congress to which a find- (B) by striking ‘‘the baccalaureate’’ and in- ‘‘(3) In carrying out paragraph (1), the Presi- ing is reported under subsection (c) or notice is serting ‘‘a baccalaureate or graduate’’; and dent shall provide to the congressional intel- provided under subsection (d)(1) may submit to (2) in subsection (e)(2), by striking ‘‘under- ligence committees all information necessary to the Director of National Intelligence an objec- graduate’’ and inserting ‘‘undergraduate and assess the lawfulness, effectiveness, cost, ben- tion to any part of such finding or such notice. graduate’’. efit, intelligence gain, budgetary authority, and Not later than 48 hours after such an objection (b) TERMINATION.—Section 16(d)(1)(C) of such risk of an intelligence activity, including— is submitted to the Director of National Intel- Act is amended by striking ‘‘terminated either ‘‘(A) the legal authority under which the in- ligence, the Director shall report such objection by’’ and all that follows and inserting the fol- telligence activity is being or was conducted; in writing to the President and such Member of lowing: ‘‘terminated by— ‘‘(B) any legal issues upon which guidance ‘‘(i) the Agency due to misconduct by the per- Congress. was sought in carrying out or planning the in- ‘‘(2) In any case where access to a finding re- son; telligence activity, including dissenting legal ‘‘(ii) the person voluntarily; or ported under subsection (c) or notice provided views; under subsection (d)(1) is not made available to ‘‘(iii) by the Agency for the failure of the per- ‘‘(C) any specific operational concerns arising all members of a congressional intelligence com- son to maintain such level of academic standing from the intelligence activity, including the risk mittee in accordance with subsection (c)(2), the in the educational course of training as the Di- of disclosing intelligence sources or methods; President shall provide such members with gen- rector of the National Security Agency specifies ‘‘(D) the likelihood that the intelligence activ- eral information on the content of the finding or in the agreement under this paragraph; and’’. ity will exceed the planned or authorized ex- notice. (c) AUTHORITY TO WITHHOLD DISCLOSURE OF penditure of funds or other resources; and AFFILIATION WITH NSA.—Section 16(e) of the ‘‘(3) The President shall— ‘‘(E) the likelihood that the intelligence activ- ‘‘(A) maintain a record of the Members of National Security Agency Act of 1959 (50 U.S.C. ity will fail.’’. 402 note) is amended by striking ‘‘(1) When an Congress to which a finding is reported under (b) PROCEDURES.—Section 501(c) of such Act subsection (c) or notice is provided under sub- employee’’ and all that follows through ‘‘(2) (50 U.S.C. 413(c)) is amended by striking ‘‘such Agency efforts’’ and inserting ‘‘Agency efforts’’. section (d)(1) and the date on which each Mem- procedures’’ and inserting ‘‘such written proce- ber of Congress receives such finding or notice; (d) OTHER ELEMENTS OF THE INTELLIGENCE dures’’. and COMMUNITY.— (c) INTELLIGENCE ACTIVITIES.—Section ‘‘(B) not later than 30 days after the date on (1) AUTHORIZATION.—Subtitle C of title X of 502(a)(2) of such Act (50 U.S.C. 413a(a)(2)) is which such finding is reported or such notice is the National Security Act of 1947 (50 U.S.C. 441g amended by inserting ‘‘(including any informa- provided, provide such record to— et seq.), as amended by section 312 of this Act, tion or material relating to the legal authority ‘‘(i) in the case of a finding reported or notice is further amended by adding at the end the fol- under which an intelligence activity is being or provided to a Member of the House of Rep- lowing new section: was conducted, and any information or material resentatives, the Permanent Select Committee on ‘‘STOKES SCHOLARSHIP PROGRAM relating to legal issues upon which guidance Intelligence of the House of Representatives; ‘‘SEC. 1024. The head of an element of the in- was sought in carrying out or planning the in- and telligence community may establish an under- telligence activity, including dissenting legal ‘‘(ii) in the case of a finding reported or notice graduate and graduate training program with views)’’ after ‘‘concerning intelligence activi- provided to a Member of the Senate, the Select respect to civilian employees of such element in ties’’. Committee on Intelligence of the Senate. the same manner and under the same conditions (d) COVERT ACTIONS.—Section 503 of such Act ‘‘(h) Any requirement under section 501, 502, as the Secretary of Defense is authorized to es- (50 U.S.C. 413b) is amended— or this section to provide information to the con- tablish such a program under section 16 of the (1) in subsection (b)(2), by inserting ‘‘(includ- gressional intelligence committees shall be con- National Security Agency Act of 1959 (50 U.S.C. ing any information or material relating to the strued to require the submission of such infor- 402 note).’’. legal authority under which a covert action is mation to all members of such committees, unless

VerDate Nov 24 2008 03:28 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00028 Fmt 4634 Sfmt 6333 E:\CR\FM\A25FE7.007 H25FEPT1 dcolon on DSK2BSOYB1PROD with HOUSE February 25, 2010 CONGRESSIONAL RECORD — HOUSE H863 such information is specifically authorized not of contractors, of such element during the pre- SEC. 334. ANNUAL REPORT ON FOREIGN LAN- to be submitted to all members of one of such ceding five fiscal years. GUAGE PROFICIENCY IN THE INTEL- committees in accordance with subsection ‘‘(10) A written justification for the requested LIGENCE COMMUNITY. (c)(2).’’. personnel and contractor levels. Title V of the National Security Act of 1947 (50 U.S.C. 413 et seq.), as amended by section 333 of ‘‘(11) The number of intelligence collectors Subtitle D—Reports and Other Congressional this Act, is further amended by adding at the and analysts employed or contracted by such Oversight end the following new section: element. SEC. 331. REPORT ON FINANCIAL INTELLIGENCE ‘‘REPORT ON FOREIGN LANGUAGE PROFICIENCY IN ‘‘(12) A list of all contractors that have been ON TERRORIST ASSETS. THE INTELLIGENCE COMMUNITY the subject of an investigation completed by the Section 118 of the National Security Act of ‘‘SEC. 510. Each year on the date provided in inspector general of such element during the 1947 (50 U.S.C. 404m) is amended— section 507, the Director of National Intelligence preceding fiscal year, or are or have been the (1) in the heading, by striking ‘‘SEMIANNUAL’’ shall submit to the congressional intelligence and inserting ‘‘ANNUAL’’; subject of an investigation by such inspector committees and the Committees on Armed Serv- (2) in subsection (a)— general during the current fiscal year. ices of the House of Representatives and the (A) in the heading, by striking ‘‘SEMIANNUAL’’ ‘‘(13) A statement by the Director of National Senate a report on the proficiency in foreign and inserting ‘‘ANNUAL’’; Intelligence of whether, based on current and languages and, as appropriate, in foreign dia- (B) in the matter preceding paragraph (1)— projected funding, such element will have suffi- lects, of each element of the intelligence commu- (i) by striking ‘‘semiannual basis’’ and insert- cient— nity, including— ing ‘‘annual basis’’; and ‘‘(A) internal infrastructure to support the re- ‘‘(1) the number of positions authorized for (ii) by striking ‘‘preceding six-month period’’ quested personnel and contractor levels; such element that require foreign language pro- and inserting ‘‘preceding one-year period’’; ‘‘(B) training resources to support the re- ficiency and the level of proficiency required; (C) by striking paragraph (2); and quested personnel levels; and ‘‘(2) an estimate of the number of such posi- (D) by redesignating paragraphs (3) and (4) as ‘‘(C) funding to support the administrative tions that each element will require during the paragraphs (2) and (3), respectively; and and operational activities of the requested per- five-year period beginning on the date of the (3) in subsection (d)— sonnel levels.’’. submission of the report; (A) in paragraph (1), by inserting ‘‘the Com- SEC. 333. SEMIANNUAL REPORTS ON NUCLEAR ‘‘(3) the number of positions authorized for mittee on Armed Services,’’ after ‘‘the Committee WEAPONS PROGRAMS OF IRAN, such element that require foreign language pro- on Appropriations,’’; and SYRIA, AND NORTH KOREA. ficiency that are filled by— (B) in paragraph (2), by inserting ‘‘the Com- (a) IN GENERAL.—Title V of the National Se- ‘‘(A) military personnel; and mittee on Armed Services,’’ after ‘‘the Committee curity Act of 1947 (50 U.S.C. 413 et seq.), as ‘‘(B) civilian personnel; ‘‘(4) the number of applicants for positions in on Appropriations,’’. amended by section 332, is further amended by such element in the previous fiscal year that in- SEC. 332. ANNUAL PERSONNEL LEVEL ASSESS- adding at the end the following new section: MENTS FOR THE INTELLIGENCE dicated foreign language proficiency, including ‘‘SEMIANNUAL REPORTS ON THE NUCLEAR WEAP- COMMUNITY. the foreign language indicated and the pro- ONS PROGRAMS OF IRAN, SYRIA, AND NORTH Title V of the National Security Act of 1947 (50 ficiency level; KOREA U.S.C. 413 et seq.) is amended by inserting after ‘‘(5) the number of persons hired by such ele- section 507 the following new section: ‘‘SEC. 509. (a) REQUIREMENT FOR REPORTS.— ment with foreign language proficiency, includ- Not less frequently than every 180 days, the Di- ing the foreign language and proficiency level; ‘‘ANNUAL PERSONNEL LEVEL ASSESSMENT FOR THE rector of National Intelligence shall submit to ‘‘(6) the number of personnel of such element INTELLIGENCE COMMUNITY the appropriate congressional committees a re- currently attending foreign language training, ‘‘SEC. 508. (a) ASSESSMENT.—The Director of port on the intentions and capabilities of the Is- including the provider of such training; National Intelligence shall, in consultation with lamic Republic of Iran, the Syrian Arab Repub- ‘‘(7) a description of the efforts of such ele- the head of each element of the intelligence com- lic, and the Democratic People’s Republic of ment to recruit, hire, train, and retain personnel munity, prepare an annual personnel level as- Korea, with regard to the nuclear weapons pro- that are proficient in a foreign language; sessment for such element that assesses the per- grams of each such country. ‘‘(8) an assessment of methods and models for sonnel levels of such element for the fiscal year ‘‘(b) CONTENT.—Each report submitted under basic, advanced, and intensive foreign language following the fiscal year in which the assess- subsection (a) shall include, with respect to the training; ment is submitted. Islamic Republic of Iran, the Syrian Arab Re- ‘‘(9) for each foreign language and, as appro- ‘‘(b) SCHEDULE.—Each assessment required by public, and the Democratic People’s Republic of priate, dialect of a foreign language— subsection (a) shall be submitted to the congres- ‘‘(A) the number of positions of such element Korea— sional intelligence committees each year along that require proficiency in the foreign language ‘‘(1) an assessment of nuclear weapons pro- with the budget submitted by the President in or dialect; grams of each country; accordance with section 1105 of title 31, United ‘‘(B) the number of personnel of such element States Code. ‘‘(2) an evaluation of the sources upon which that are serving in a position that requires pro- the intelligence used to prepare the assessment ‘‘(c) CONTENTS.—Each assessment required by ficiency in the foreign language or dialect to subsection (a) shall include, for the element of referred to in paragraph (1) is based, including perform the primary duty of the position; the intelligence community concerned, the fol- the number of such sources and an assessment ‘‘(C) the number of personnel of such element lowing information: of the reliability of each source; that are serving in a position that does not re- ‘‘(1) The budget submission for personnel costs ‘‘(3) a summary of any intelligence related to quire proficiency in the foreign language or dia- of such element for the upcoming fiscal year. any program gathered or developed since the lect to perform the primary duty of the position; ‘‘(2) The dollar and percentage increase or de- previous report was submitted under subsection ‘‘(D) the number of personnel of such element crease of such costs as compared to the per- (a), including intelligence collected from both rated at each level of proficiency of the Inter- sonnel costs of the current fiscal year. open and clandestine sources for each country; agency Language Roundtable; ‘‘(3) The dollar and percentage increase or de- and ‘‘(E) whether the number of personnel at each crease of such costs as compared to the per- ‘‘(4) a discussion of any dissents, caveats, level of proficiency of the Interagency Language sonnel costs during the preceding five fiscal gaps in knowledge, or other information that Roundtable meets the requirements of such ele- years. would reduce confidence in the assessment re- ment; ‘‘(F) the number of personnel serving or hired ‘‘(4) The number of personnel positions referred to in paragraph (1). to serve as linguists for such element that are quested for such element for the upcoming fiscal ‘‘(c) NATIONAL INTELLIGENCE ESTIMATE.—The not qualified as linguists under the standards of year. Director of National Intelligence may submit a the Interagency Language Roundtable; ‘‘(5) The numerical and percentage increase or National Intelligence Estimate on the intentions ‘‘(G) the number of personnel hired to serve as decrease of such number as compared to the and capabilities of the Islamic Republic of Iran, linguists for such element during the preceding number of personnel positions of such element of the Syrian Arab Republic, or the Democratic calendar year; the current fiscal year. People’s Republic of Korea in lieu of a report required by subsection (a) for that country. ‘‘(H) the number of personnel serving as lin- ‘‘(6) The numerical and percentage increase or guists that discontinued serving such element ‘‘(d) APPROPRIATE CONGRESSIONAL COMMIT- decrease of such number as compared to the during the preceding calendar year; TEES DEFINED.—In this section, the term ‘appro- number of personnel positions of such element ‘‘(I) the percentage of work requiring lin- priate congressional committees’ means— during the preceding five fiscal years. guistic skills that is fulfilled by an ally of the ‘‘(7) The best estimate of the number and costs ‘‘(1) the congressional intelligence committees; United States; and of contractors to be funded by such element for ‘‘(2) the Committee on Armed Services and the ‘‘(J) the percentage of work requiring lin- the upcoming fiscal year. Committee on Foreign Affairs of the House of guistic skills that is fulfilled by contractors; ‘‘(8) The numerical and percentage increase or Representatives; and ‘‘(10) an assessment of the foreign language decrease of such costs of contractors as com- ‘‘(3) the Committee on Armed Services and the capacity and capabilities of the intelligence pared to the best estimate of the costs of con- Committee on Foreign Relations of the Senate.’’. community as a whole; tractors to be funded by such element during the (b) APPLICABILITY DATE.—The first report re- ‘‘(11) recommendations for eliminating re- current fiscal year. quired to be submitted under section 509 of the quired reports relating to foreign-language pro- ‘‘(9) The numerical and percentage increase or National Security Act of 1947, as added by sub- ficiency that the Director of National Intel- decrease of such costs of contractors as com- section (a), shall be submitted not later than 120 ligence considers outdated or no longer relevant; pared to the cost of contractors, and the number days after the date of the enactment of this Act. and

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GOVERNMENT ACCOUNTABILITY OF- the head of each element of the intelligence com- (J) an analysis of procedures in use in the in- FICE AUDITS AND INVESTIGATIONS. munity under section 512 of the National Secu- telligence community for conducting oversight of Title V of the National Security Act of 1947 (50 rity Act of 1947, as added by subsection (a) of contractors to ensure identification and pros- U.S.C. 413 et seq.), as amended by section 334 of this section, shall be submitted not later than 90 ecution of criminal violations, financial waste, this Act, is further amended by adding at the days after the date of the enactment of this Act. fraud, or other abuses committed by contractors end the following new section: SEC. 337. REPORTS ON FOREIGN INDUSTRIAL ES- or contract personnel; and ‘‘GOVERNMENT ACCOUNTABILITY OFFICE PIONAGE. (K) an identification of best practices for over- ANALYSES, EVALUATIONS, AND INVESTIGATIONS (a) IN GENERAL.—Section 809(b) of the Intel- sight and accountability mechanisms applicable ‘‘SEC. 511. (a) IN GENERAL.—Except as pro- ligence Authorization Act for Fiscal Year 1995 to personal services contracts. vided in subsection (b), the Director of National (50 U.S.C. app. 2170b(b)) is amended— (2) ACTIVITIES.—Activities described in this Intelligence shall ensure that personnel of the (1) in the heading, by striking ‘‘ANNUAL’’ and paragraph are the following: Government Accountability Office designated by inserting ‘‘BIANNUAL’’; (A) Intelligence collection. the Comptroller General are provided with ac- (2) by striking paragraph (1) and inserting the (B) Intelligence analysis. (C) Covert actions, including rendition, deten- cess to all information in the possession of an following new paragraph: tion, and interrogation activities. element of the intelligence community that the ‘‘(1) SUBMISSION TO CONGRESS.—The President Comptroller General determines is necessary for shall biannually submit to the congressional in- SEC. 339. REPORT ON TRANSFORMATION OF THE such personnel to conduct an analysis, evalua- telligence committees, the Committees on Armed INTELLIGENCE CAPABILITIES OF Services of the House of Representatives and the THE FEDERAL BUREAU OF INVES- tion, or investigation of a program or activity of TIGATION. Senate, and congressional leadership a report an element of the intelligence community that is Not later than 120 days after the date of the updating the information referred to in sub- requested by one of the congressional intel- enactment of this Act, the Director of the Fed- section (a)(1)(D).’’; ligence committees. eral Bureau of Investigation shall submit to the (3) by striking paragraph (2); and ‘‘(b) EXCEPTION.—(1)(A) Subject to subpara- congressional intelligence committees and the (4) by redesignating paragraph (3) as paragraph (B), the Director of National Intelligence Committees on the Judiciary of the House of graph (2). may restrict access to information referred to in Representatives and the Senate a report describ- (b) INITIAL REPORT.—The first report required subsection (a) by personnel designated in such ing the Director’s long-term vision for trans- under section 809(b)(1) of such Act, as amended subsection if the Director determines that the reforming the intelligence capabilities of the Bu- by subsection (a)(2) of this section, shall be sub- striction is necessary to protect vital national reau and the progress of the internal reforms of mitted not later than February 1, 2010. security interests of the United States. the Bureau intended to achieve that vision. ‘‘(B) The Director of National Intelligence SEC. 338. REPORT ON INTELLIGENCE COMMUNITY Such report shall include— may not restrict access under subparagraph (A) CONTRACTORS. (1) the direction, strategy, and goals for trans- solely on the basis of the level of classification (a) REQUIREMENT FOR REPORT.—Not later forming the intelligence capabilities of the Bu- or compartmentation of information that the than November 1, 2010, the Director of National reau; personnel designated in subsection (a) may seek Intelligence shall submit to the congressional in- (2) a description of what the fully functional access to while conducting an analysis, evalua- telligence committees and the Committees on intelligence and national security functions of tion, or investigation. Armed Services of the House of Representatives the Bureau should entail; ‘‘(2) If the Director exercises the authority and the Senate a report describing the use of (3) a candid assessment of the effect of inter- under paragraph (1), the Director shall submit personal services contracts across the intel- nal reforms at the Bureau and whether such re- to the congressional intelligence committees an ligence community, the impact of the use of such forms have moved the Bureau towards achieving appropriately classified statement of the reasons contracts on the intelligence community work- the goals of the Director for the intelligence and for the exercise of such authority within 7 days. force, plans for conversion of contractor employ- national security functions of the Bureau; and ‘‘(3) The Director shall notify the Comptroller ment into Federal Government employment, and (4) an assessment of how well the Bureau per- General at the time a report under paragraph the accountability mechanisms that govern the forms tasks that are critical to the effective (2) is submitted, and, to the extent consistent performance of such personal services contracts. functioning of the Bureau as an intelligence with the protection of intelligence sources and (b) CONTENT.— agency, including— methods, provide the Comptroller General with a (1) IN GENERAL.—The report submitted under (A) identifying new intelligence targets within copy of such report. subsection (a) shall include— the scope of the national security functions of ‘‘(4) The Comptroller General shall submit to (A) a description of any relevant regulations the Bureau, outside the parameters of an exist- the congressional intelligence committees any or guidance issued by the Director of National ing case file or ongoing investigation; comments on a report of which the Comptroller Intelligence or the head of an element of the in- (B) collecting intelligence domestically, in- General has notice under paragraph (3) that the telligence community relating to minimum cluding collection through human and technical Comptroller General considers appropriate.’’. standards required regarding the hiring, train- sources; SEC. 336. CERTIFICATION OF COMPLIANCE WITH ing, security clearance, and assignment of con- (C) recruiting human sources; OVERSIGHT REQUIREMENTS. tract personnel and how those standards may (D) training Special Agents to spot, assess, re- (a) IN GENERAL.—Title V of the National Se- differ from those for Federal Government em- cruit, and handle human sources; curity Act of 1947 (50 U.S.C. 413 et seq.), as ployees performing substantially similar func- (E) working collaboratively with other Federal amended by section 335 of this Act, is further tions; departments and agencies to jointly collect intel- amended by adding at the end the following (B) an identification of contracts where the ligence on domestic counterterrorism and coun- new section: contractor is performing substantially similar terintelligence targets; ‘‘CERTIFICATION OF COMPLIANCE WITH OVERSIGHT functions to a Federal Government employee; (F) producing a common intelligence picture REQUIREMENTS (C) an assessment of costs incurred or savings of domestic threats to the national security of ‘‘SEC. 512. The head of each element of the in- achieved by awarding contracts for the perform- the United States; telligence community shall semiannually submit ance of such functions referred to in subpara- (G) producing high quality and timely intel- to the congressional intelligence committees— graph (B) instead of using full-time employees ligence analysis; ‘‘(1) a certification that, to the best of the of the elements of the intelligence community to (H) integrating intelligence analysts into its knowledge of the head of such element— perform such functions; intelligence collection operations; and ‘‘(A) the head of such element of the intel- (D) an assessment of the appropriateness of (I) sharing intelligence information with intelligence community is in full compliance with the using contractors to perform the activities de- ligence community partners. requirements of this title; and scribed in paragraph (2); SEC. 340. REPORT ON INTELLIGENCE RESOURCES ‘‘(B) any information required to be submitted (E) an estimate of the number of contracts, DEDICATED TO IRAQ AND AFGHANI- by such head of such element under this Act be- and the number of personnel working under STAN. fore the date of the submission of such certifi- such contracts, related to the performance of ac- Not later than 120 days after the date of the cation has been properly submitted; or tivities described in paragraph (2); enactment of this Act, the Director of National ‘‘(2) if such head of such element is unable to (F) a comparison of the compensation of con- Intelligence and the Secretary of Defense shall submit a certification under paragraph (1), a tract employees and Federal Government em- jointly submit to the congressional intelligence statement— ployees performing substantially similar func- committees and the Committees on Armed Serv- ‘‘(A) of the reasons such head of such element tions; ices of the House of Representatives and the is not able to submit such a certification; (G) an analysis of the attrition of Federal Senate a report on intelligence collection and ‘‘(B) describing any information required to be Government personnel for contractor positions analysis resources (1) dedicated to Iraq and Af- submitted by such head of such element under that provide substantially similar functions; ghanistan during fiscal years 2008 and 2009, and

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(2) planned to be dedicated during fiscal year including the potential for counterintelligence (d) DEFINITIONS.—In this section: 2010. Such report shall include detailed informa- exploitation of destroyed, discarded, or recycled (1) AIR AMERICA.—The term ‘‘Air America’’ tion on fiscal, human, technical, and other in- materials; means Air America, Incorporated. telligence collection and analysis resources. (2) the environmental impact of such disposal (2) ASSOCIATED COMPANY.—The term ‘‘associ- SEC. 341. REPORT ON INTERNATIONAL TRAFFIC practices; and ated company’’ means any entity associated IN ARMS REGULATIONS. (3) methods to improve the security and envi- with, predecessor to, or subsidiary to Air Amer- (a) REPORT.—Not later than February 1, 2011, ronmental impact of such disposal practices, in- ica, including Air Asia Company Limited, CAT the Director of National Intelligence shall sub- cluding steps to prevent the forensic exploitation Incorporated, Civil Air Transport Company mit to the congressional intelligence committees, of electronic waste. Limited, and the Pacific Division of Southern the Committee on Foreign Affairs of the House (b) REPORT.—Not later than one year after Air Transport, during the period when such an of Representatives, and the Committee on For- the date of the enactment of this Act, the In- entity was owned and controlled by the United eign Relations of the Senate a report assessing spector General of the Intelligence Community States Government. shall submit to the congressional intelligence the threat to national security presented by the SEC. 346. STUDY ON COLLEGE TUITION PRO- committees a report containing the results of the efforts of foreign countries to acquire, through GRAMS FOR EMPLOYEES OF THE IN- study conducted under subsection (a). espionage, diversion, or other means, sensitive TELLIGENCE COMMUNITY. equipment and technology, and the degree to SEC. 345. REPORT ON RETIREMENT BENEFITS (a) STUDY.—The Director of National Intel- FOR FORMER EMPLOYEES OF AIR ligence shall conduct a study on the feasability which United States export controls (including AMERICA. the International Traffic in Arms Regulations) of— (a) IN GENERAL.—Not later than 180 days (1) providing matching funds for contributions are adequate to defeat such efforts. after the date of the enactment of this Act, the to college savings programs made by employees (b) FORM.—The report under subsection (a) Director of National Intelligence shall submit to of elements of the intelligence community; and shall be submitted in unclassified form, but may Congress a report on the advisability of pro- (2) establishing a program to pay the college include a classified annex. viding Federal retirement benefits to United tuition of each child of an employee of an ele- (c) INTERNATIONAL TRAFFIC IN ARMS REGULA- States citizens for the service of such citizens ment of the intelligence community that has TIONS DEFINED.—The term ‘‘International Traf- prior to 1977 as employees of Air America or an died in the performance of the official duties of fic in Arms Regulations’’ means those regula- associated company during a period when Air such employee. tions contained in parts 120 through 130 of title America or the associated company was owned (b) REPORT.—Not later than 180 days after the 22, Code of Federal Regulations (or successor or controlled by the United States Government date of the enactment of this Act, the Director regulations). and operated or managed by the Central Intel- of National Intelligence shall submit to Congress SEC. 342. REPORT ON NUCLEAR TRAFFICKING. ligence Agency. a report containing the results of the study con- (a) REPORT.—Not later than February 1, 2010, (b) REPORT ELEMENTS.—The report required ducted under subsection (a). the Director of National Intelligence shall sub- by subsection (a) shall include the following: (c) COLLEGE SAVINGS PROGRAM DEFINED.—In mit to the congressional intelligence committees, (1) The history of Air America and the associ- this section, the term ‘‘college savings program’’ the Committee on Armed Services and the Com- ated companies prior to 1977, including a de- means— mittee on Foreign Affairs of the House of Rep- scription of— (1) a qualified tuition program, as defined in resentatives, and the Committee on Armed Serv- (A) the relationship between Air America and section 529 of the Internal Revenue Code of 1986; ices and the Committee on Foreign Relations of the associated companies and the Central Intel- (2) a Coverdell education savings account, as the Senate a report on the illicit trade of nu- ligence Agency or any other element of the defined in section 530 of the Internal Revenue clear and radiological material and equipment. United States Government; Code of 1986; and (b) CONTENTS.—The report submitted under (B) the workforce of Air America and the as- (3) any other appropriate program providing subsection (a) shall include, for a period of time sociated companies; tax incentives for saving funds to pay for college including at least the preceding three years— (C) the missions performed by Air America, tuition, as determined by the Director of Na- (1) details of all known or suspected cases of the associated companies, and their employees tional Intelligence. the illicit sale, transfer, brokering, or transport for the United States; and SEC. 347. NATIONAL INTELLIGENCE ESTIMATE ON (D) the casualties suffered by employees of Air of— GLOBAL SUPPLY CHAIN (A) nuclear or radiological material; America and the associated companies in the VULNERABILITIES. (B) equipment useful for the production of nu- course of their employment. (a) REPORT.—Not later than one year after clear or radiological material; or (2) A description of— the date of the enactment of this Act, the Direc- (A) the retirement benefits contracted for or (C) nuclear explosive devices; tor of National Intelligence shall submit to Con- (2) an assessment of the countries that rep- promised to the employees of Air America and gress a National Intelligence Estimate or Na- resent the greatest risk of nuclear trafficking ac- the associated companies prior to 1977; tional Intelligence Assessment on the global sup- (B) the contributions made by such employees tivities; and ply chain to determine whether such supply for such benefits; (3) a discussion of any dissents, caveats, gaps (C) the retirement benefits actually paid such chain poses a risk to defense and intelligence in knowledge, or other information that would employees; systems due to counterfeit components that may reduce confidence in the assessment referred to (D) the entitlement of such employees to the be defective or deliberately manipulated by a in paragraph (2). payment of future retirement benefits; and foreign government or a criminal organization. (c) FORM.—The report under subsection (a) (E) the likelihood that such employees will re- (b) REVIEW OF MITIGATION.— may be submitted in classified form, but shall ceive any future retirement benefits. (1) NCIX REVIEW.—The National Counter- include an unclassified summary. (3) An assessment of the difference between— intelligence Executive shall conduct a review of SEC. 343. STUDY ON REVOKING PENSIONS OF (A) the retirement benefits that former em- the adequacy of the mechanisms to identify and PERSONS WHO COMMIT UNAUTHOR- ployees of Air America and the associated com- mitigate vulnerabilities in the global supply IZED DISCLOSURES OF CLASSIFIED panies have received or will receive by virtue of chain that pose a risk to defense and intel- INFORMATION. their employment with Air America and the as- ligence systems due to counterfeit components (a) STUDY.—The Director of National Intel- sociated companies; and that may be defective or deliberately manipu- ligence shall conduct a study on the feasibility (B) the retirement benefits that such employ- lated by a foreign government or a criminal or- of revoking the pensions of personnel of the in- ees would have received or be eligible to receive ganization. telligence community who commit unauthorized if such employment was deemed to be employ- (2) SUBMISSION.—Not later than one year after disclosures of classified information, including ment by the United States Government and their the date of the enactment of this Act, the Na- whether revoking such pensions is feasible service during such employment was credited as tional Counterintelligence Executive shall sub- under existing law or under the administrative Federal service for the purpose of Federal retire- mit to Congress a report containing the results authority of the Director of National Intel- ment benefits. of the review conducted under paragraph (1). ligence or any other head of an element of the (4) Any recommendations regarding the advis- SEC. 348. REVIEW OF RECORDS RELATING TO PO- intelligence community. ability of legislative action to treat such employ- TENTIAL HEALTH RISKS AMONG (b) REPORT.—Not later than 90 days after the ment as Federal service for the purpose of Fed- DESERT STORM VETERANS. date of the enactment of this Act, the Director eral retirement benefits in light of the relation- (a) REVIEW.—The Director of the Central In- of National Intelligence shall submit to the con- ship between Air America and the associated telligence Agency shall conduct a classification gressional intelligence committees a report con- companies and the United States Government review of the records of the Agency that are rel- taining the results of the study conducted under and the services and sacrifices of such employ- evant to the known or potential health effects subsection (a). ees to and for the United States. suffered by veterans of Operation Desert Storm SEC. 344. STUDY ON ELECTRONIC WASTE DE- (5) If legislative action is considered advisable as described in the November 2008, report by the STRUCTION PRACTICES OF THE IN- under paragraph (4), a proposal for such action Department of Veterans Affairs Research Advi- TELLIGENCE COMMUNITY. and an assessment of its costs. sory Committee on Gulf War Veterans Illnesses. (a) STUDY.—The Inspector General of the In- (6) The opinions of the Director of the Central (b) REPORT.—Not later than one year after telligence Community shall conduct a study on Intelligence Agency, if any, on any matters cov- the date of the enactment of this Act, the Direc- the electronic waste destruction practices of the ered by the report that the Director of the Cen- tor of the Central Intelligence Agency shall sub- intelligence community. Such study shall as- tral Intelligence Agency considers appropriate. mit to Congress the results of the classification sess— (c) FORM.—The report required by subsection review conducted under subsection (a), includ- (1) the security of the electronic waste dis- (a) shall be submitted in unclassified form, but ing the total number of records of the Agency posal practices of the intelligence community, may include a classified annex. that are relevant.

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(c) FORM.—The report required under sub- (C) the adequacy of efforts to enhance career (d) ANNUAL REPORT ON COUNTERDRUG INTEL- section (b) shall be submitted in unclassified path options for intelligence community per- LIGENCE MATTERS.—Section 826 of the Intel- form, but may include a classified annex. sonnel that serve as interrogators and ligence Authorization Act for Fiscal Year 2003 SEC. 349. REVIEW OF PENSIONS OF EMPLOYEES debriefers, including efforts to recruit and retain (Public Law 107–306; 116 Stat. 2429; 21 U.S.C. AFFECTED BY ‘‘FIVE AND OUT’’ PRO- career personnel; and 873 note) is repealed. GRAM OF THE FEDERAL BUREAU OF (D) the effectiveness of existing processes for SEC. 356. INCORPORATION OF REPORTING RE- INVESTIGATION. studying and implementing lessons learned and QUIREMENTS. None of the funds authorized to be appro- best practices of interrogation and debriefing; Each requirement to submit a report to the priated by this Act may be used to implement and congressional intelligence committees that is in- the program of the Federal Bureau of Investiga- (2) any recommendations that the Director cluded in the classified annex to this Act is tion requiring the mandatory reassignment of a considers appropriate for improving the per- hereby incorporated into this Act and is hereby supervisor of the Bureau after such supervisor formance of the intelligence community with re- made a requirement in law. serves in a management position for seven years spect to the issues described in subparagraphs SEC. 357. CONFORMING AMENDMENTS. (commonly known as the ‘‘seven and out’’ pro- (A) through (D) of paragraph (1). (a) REPORT SUBMISSION DATES.—Section 507 gram) until the Director of the Federal Bureau SEC. 353. REPORT ON PLANS TO INCREASE DI- of the National Security Act of 1947 (50 U.S.C. of Investigation submits to the congressional in- VERSITY WITHIN THE INTELLIGENCE 415b) is amended— telligence committees a certification that the Di- COMMUNITY. (1) in subsection (a)— rector has completed a review of issues related (a) REQUIREMENT FOR REPORT.—Not later (A) in paragraph (1)— than November 1, 2010, the Director of National to the pensions of former employees of the Bu- (i) by striking subparagraphs (A) and (G); reau affected by a previous program of manda- Intelligence, in coordination with the heads of (ii) by redesignating subparagraphs (B), (C), tory reassignment after serving in a manage- the elements of the intelligence community, shall (D), (E), (F), (H), (I), and (N) as subparagraphs ment position for five years (commonly known submit to the congressional intelligence commit- (A), (B), (C), (D), (E), (F), (G), and (H), respec- as the ‘‘five and out’’ program) and the effect of tees a report on the plans of each element to in- tively; and such program on the Bureau and the results of crease diversity within the intelligence commu- (iii) by adding at the end the following new such review. nity. subparagraphs: (b) CONTENT.—The report required by sub- SEC. 350. SUMMARY OF INTELLIGENCE RELATING ‘‘(I) The annual report on financial intel- section (a) shall include specific implementation TO TERRORIST RECIDIVISM OF DE- ligence on terrorist assets required by section TAINEES HELD AT UNITED STATES plans to increase diversity within each element 118. NAVAL STATION, GUANTANAMO BAY, of the intelligence community, including— ‘‘(J) The annual report on foreign language CUBA. (1) specific implementation plans for each proficiency in the intelligence community re- Not later than 30 days after the date of the such element designed to achieve the goals ar- quired by section 510.’’; and enactment of this Act, the Director of National ticulated in the strategic plan of the Director of (B) in paragraph (2), by striking subpara- Intelligence, in consultation with the Director of National Intelligence on equal employment op- graph (D); and the Central Intelligence Agency and the Direc- portunity and diversity; (2) in subsection (b), by striking paragraph tor of the Defense Intelligence Agency, shall (2) specific plans and initiatives for each such (6). make publicly available an unclassified sum- element to increase recruiting and hiring of di- (b) TABLE OF CONTENTS.—The table of con- mary of— verse candidates; (1) intelligence relating to recidivism of de- (3) specific plans and initiatives for each such tents in the first section of such Act (50 U.S.C. tainees currently or formerly held at United element to improve retention of diverse Federal 401 note), as amended by section 313 of this Act, States Naval Station, Guantanamo Bay, Cuba, employees at the junior, midgrade, senior, and is further amended by— by the Department of Defense; and management levels; (1) striking the item relating to section 109; (2) an assessment of the likelihood that such (4) a description of specific diversity aware- and detainees will engage in terrorism or commu- ness training and education programs for senior (2) inserting after the item relating to section nicate with persons in terrorist organizations. officials and managers of each such element; 507 the following new items: SEC. 351. SUMMARY OF INTELLIGENCE ON and ‘‘Sec. 508. Annual personnel level assessment UIGHUR DETAINEES HELD AT (5) a description of performance metrics to for the intelligence community. UNITED STATES NAVAL STATION, measure the success of carrying out the plans, ‘‘Sec. 509. Semiannual reports on the nuclear GUANTANAMO BAY, CUBA. initiatives, and programs described in para- weapons programs of Iran, Syria, Not later than 30 days after the date of the graphs (1) through (4). and North Korea. enactment of this Act, the Director of National SEC. 354. REVIEW OF FEDERAL BUREAU OF IN- ‘‘Sec. 510. Report on foreign language pro- Intelligence, in consultation with the Director of VESTIGATION EXERCISE OF EN- ficiency in the intelligence com- the Central Intelligence Agency and the Direc- FORCEMENT JURISDICTION IN FOR- munity. tor of the Defense Intelligence Agency, shall EIGN NATIONS. ‘‘Sec. 511. Government Accountability Office make publicly available an unclassified sum- Not later than 60 days after the date of the analyses, evaluations, and inves- mary of— enactment of this Act, the Director of the Fed- tigations. (1) intelligence relating to threats posed by eral Bureau of Investigation shall submit to the ‘‘Sec. 512. Certification of compliance with Uighur detainees currently or formerly held at appropriate committees of Congress a review of oversight requirements.’’. United States Naval Station, Guantanamo Bay, constraints under international law and the Subtitle E—Other Matters Cuba, by the Department of Defense; and laws of foreign nations to the assertion of en- (2) an assessment of the likelihood that such forcement jurisdiction with respect to criminal SEC. 361. MODIFICATION OF AVAILABILITY OF detainees will engage in terrorism or commu- FUNDS FOR DIFFERENT INTEL- investigations of terrorism offenses under the LIGENCE ACTIVITIES. nicate with persons in terrorist organizations. laws of the United States conducted by agents Subparagraph (B) of section 504(a)(3) of the SEC. 352. REPORT ON INTERROGATION RE- of the Federal Bureau of Investigation in for- National Security Act of 1947 (50 U.S.C. SEARCH AND TRAINING. eign nations and using funds made available for (a) REQUIREMENT FOR REPORT.—Not later 414(a)(3)) is amended to read as follows: the National Intelligence Program, including ‘‘(B) the use of such funds for such activity than December 31, 2009, the Director of National constraints identified in section 432 of the Re- Intelligence, in coordination with the heads of supports an emergent need, improves program statement (Third) of the Foreign Relations Law effectiveness, or increases efficiency; and’’. the relevant elements of the intelligence commu- of the United States. nity, shall submit to the congressional intel- SEC. 362. PROTECTION OF CERTAIN NATIONAL SEC. 355. REPEAL OF CERTAIN REPORTING RE- SECURITY INFORMATION. ligence committees and the Committees on Ap- QUIREMENTS. (a) INCREASE IN PENALTIES FOR DISCLOSURE propriations of the House of Representatives (a) ANNUAL REPORT ON INTELLIGENCE.—Sec- OF UNDERCOVER INTELLIGENCE OFFICERS AND and the Senate a report on the state of research, tion 109 of the National Security Act of 1947 (50 AGENTS.— analysis, and training in interrogation and de- U.S.C. 404d) is repealed. (1) DISCLOSURE AFTER ACCESS TO INFORMATION briefing practices. (b) ANNUAL CERTIFICATION ON COUNTERINTEL- IDENTIFYING AGENT.—Subsection (a) of section (b) CONTENT.—The report required under sub- LIGENCE INITIATIVES.—Section 1102(b) of the Na- section (a) shall include— tional Security Act of 1947 (50 U.S.C. 442a(b)) is 601 of the National Security Act of 1947 (50 (1) an assessment of— amended— U.S.C. 421) is amended by striking ‘‘ten years’’ (A) the quality and value of scientific and (1) by striking ‘‘(1) The Director’’ and insert- and inserting ‘‘15 years’’. technical research in interrogation and debriefing ‘‘The Director’’ ; and (2) DISCLOSURE AFTER ACCESS TO CLASSIFIED ing practices that has been conducted independ- (2) by striking paragraph (2). INFORMATION.—Subsection (b) of such section is ently or in affiliation with the Federal Govern- (c) REPORT AND CERTIFICATION UNDER TER- amended by striking ‘‘five years’’ and inserting ment and the identification of areas in which RORIST IDENTIFICATION CLASSIFICATION SYS- ‘‘10 years’’. additional research could potentially improve TEM.—Section 343 of the Intelligence Authoriza- (b) MODIFICATIONS TO ANNUAL REPORT ON interrogation practices; tion Act for Fiscal Year 2003 (50 U.S.C. 404n–2) PROTECTION OF INTELLIGENCE IDENTITIES.—The (B) the state of interrogation and debriefing is amended— first sentence of section 603(a) of the National training in the intelligence community, includ- (1) by striking subsection (d); and Security Act of 1947 (50 U.S.C. 423(a)) is amending the character and adequacy of the ethical (2) by redesignating subsections (e), (f), (g), ed by inserting ‘‘including an assessment of the component of such training, and the identifica- and (h) as subsections (d), (e), (f), and (g), re- need for any modification of this title for the tion of any gaps in training; spectively. purpose of improving legal protections for covert

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agents,’’ after ‘‘measures to protect the identi- Director of National Intelligence or a designee ‘‘REPORTS ON SECURITY CLEARANCES ties of covert agents,’’. of the Director, knowingly use the words ‘intel- ‘‘SEC. 513. (a) QUADRENNIAL AUDIT OF POSI- SEC. 363. EXTENSION OF AUTHORITY TO DELETE ligence community’, the initials ‘IC’, the seal of TION REQUIREMENTS.—(1) The President shall INFORMATION ABOUT RECEIPT AND the intelligence community, or any colorable every four years conduct an audit of how the DISPOSITION OF FOREIGN GIFTS imitation of such words, initials, or seal in con- executive branch determines whether a security AND DECORATIONS. nection with any merchandise, impersonation, clearance is required for a particular position in Paragraph (4) of section 7342(f) of title 5, solicitation, or commercial activity in a manner the Federal Government. United States Code, is amended to read as fol- reasonably calculated to convey the impression ‘‘(2) Not later than 30 days after the comple- lows: that such use is approved, endorsed, or author- tion of an audit conducted under paragraph (1), ‘‘(4)(A) In transmitting such listings for an ized by the Director of National Intelligence, ex- the President shall submit to Congress the re- element of the intelligence community, the head cept that employees of the intelligence commu- sults of such audit. of such element may delete the information de- nity may use the intelligence community name, ‘‘(b) REPORT ON SECURITY CLEARANCE DETER- scribed in subparagraph (A) or (C) of paragraph initials, and seal in accordance with regulations MINATIONS.—(1) Not later than February 1 of (2) or in subparagraph (A) or (C) of paragraph promulgated by the Director of National Intel- each year, the President shall submit to Con- (3) if the head of such element certifies in writ- ligence. gress a report on the security clearance process. ing to the Secretary of State that the publica- ‘‘(b) INJUNCTION.—Whenever it appears to the Such report shall include, for each security tion of such information could adversely affect Attorney General that any person is engaged or clearance level— United States intelligence sources or methods. is about to engage in an act or practice which ‘‘(A) the number of Federal Government em- ‘‘(B) Any information not provided to the Sec- constitutes or will constitute conduct prohibited ployees who— retary of State pursuant to the authority in sub- by subsection (a), the Attorney General may ini- ‘‘(i) held a security clearance at such level as paragraph (A) shall be transmitted to the Direc- tiate a civil proceeding in a district court of the of October 1 of the preceding year; and tor of National Intelligence who shall keep a United States to enjoin such act or practice. ‘‘(ii) were approved for a security clearance at record of such information. Such court shall proceed as soon as practicable such level during the preceding fiscal year; ‘‘(C) In this paragraph, the term ‘intelligence to the hearing and determination of such action ‘‘(B) the number of contractors to the Federal community’ has the meaning given the term in and may, at any time before final determina- Government who— section 3(4) of the National Security Act of 1947 tion, enter such restraining orders or prohibi- ‘‘(i) held a security clearance at such level as (50 U.S.C. 401a(4)).’’. tions, or take such other action as is warranted, of October 1 of the preceding year; and SEC. 364. EXEMPTION OF DISSEMINATION OF to prevent injury to the United States or to any ‘‘(ii) were approved for a security clearance at TERRORIST IDENTITY INFORMATION FROM FREEDOM OF INFORMATION person or class of persons for whose protection such level during the preceding fiscal year; and ACT. the action is brought.’’. ‘‘(C) for each element of the intelligence com- Section 119 of the National Security Act of (b) OFFICE OF THE DIRECTOR OF NATIONAL IN- munity— 1947 (50 U.S.C. Section 404o) is amended by add- TELLIGENCE.—Title XI of the National Security ‘‘(i) the amount of time it took to process the ing at the end the following new subsection: Act of 1947 (50 U.S.C. 442 et seq.), as amended fastest 80 percent of security clearance deter- ‘‘(k) EXEMPTION OF DISSEMINATION OF TER- by subsection (a) of this section, is further minations for such level; RORIST IDENTITY INFORMATION FROM FREEDOM amended by adding at the end the following ‘‘(ii) the amount of time it took to process the OF INFORMATION ACT.—(1) Terrorist identity in- new section: fastest 90 percent of security clearance deter- formation disseminated for terrorist screening ‘‘MISUSE OF THE OFFICE OF THE DIRECTOR OF minations for such level; purposes or other authorized counterterrorism NATIONAL INTELLIGENCE NAME, INITIALS, OR SEAL ‘‘(iii) the number of open security clearance purposes shall be exempt from disclosure under ‘‘SEC. 1104. (a) PROHIBITED ACTS.—No person investigations for such level that have remained section 552 of title 5, United States Code. may, except with the written permission of the open for— ‘‘(2) In this section: Director of National Intelligence or a designee ‘‘(I) 4 months or less; ‘‘(A) AUTHORIZED COUNTERTERRORISM PUR- of the Director, knowingly use the words ‘Office ‘‘(II) between 4 months and 8 months; POSE.—The term ‘authorized counterterrorism of the Director of National Intelligence’, the ini- ‘‘(III) between 8 months and 12 months; and purpose’ includes disclosure to and appropriate tials ‘ODNI’, the seal of the Office of the Direc- ‘‘(IV) more than a year; use by an element of the Federal Government of tor of National Intelligence, or any colorable ‘‘(iv) the percentage of reviews during the pre- terrorist identifiers of persons reasonably sus- imitation of such words, initials, or seal in con- ceding fiscal year that resulted in a denial or pected to be terrorists or supporters of terrorists. nection with any merchandise, impersonation, revocation of a security clearance; ‘‘(B) TERRORIST IDENTITY INFORMATION.—The solicitation, or commercial activity in a manner ‘‘(v) the percentage of investigations during term ‘terrorist identity information’ means— reasonably calculated to convey the impression the preceding fiscal year that resulted in incom- ‘‘(i) information from a database maintained that such use is approved, endorsed, or author- plete information; by any element of the Federal Government that ized by the Director of National Intelligence. ‘‘(vi) the percentage of investigations during would reveal whether an individual has or has ‘‘(b) INJUNCTION.—Whenever it appears to the the preceding fiscal year that did not result in not been determined to be a known or suspected Attorney General that any person is engaged or enough information to make a decision on po- terrorist or has or has not been determined to be is about to engage in an act or practice which tentially adverse information; and within the networks of contacts and support of constitutes or will constitute conduct prohibited ‘‘(vii) for security clearance determinations a known or suspected terrorist; and by subsection (a), the Attorney General may ini- completed or ongoing during the preceding fiscal ‘‘(ii) information related to a determination as tiate a civil proceeding in a district court of the year that have taken longer than one year to to whether or not an individual is or should be United States to enjoin such act or practice. complete— included in the Terrorist Screening Database or Such court shall proceed as soon as practicable ‘‘(I) the number of security clearance deter- other screening databases based on a determina- to the hearing and determination of such action minations for positions as employees of the Fed- tion that the individual is a known or suspected and may, at any time before final determina- eral Government that required more than one terrorist. tion, enter such restraining orders or prohibi- year to complete; ‘‘(C) TERRORIST IDENTIFIERS.—The term ‘ter- tions, or take such other action as is warranted, ‘‘(II) the number of security clearance deter- rorist identifiers’— to prevent injury to the United States or to any minations for contractors that required more ‘‘(i) includes— person or class of persons for whose protection than one year to complete; ‘‘(I) names and aliases; the action is brought.’’. ‘‘(III) the agencies that investigated and adju- ‘‘(II) dates or places of birth; (c) CONFORMING AMENDMENT.—The table of dicated such determinations; and ‘‘(III) unique identifying numbers or informa- contents in the first section of such Act (50 ‘‘(IV) the cause of significant delays in such tion; U.S.C. 401 note), as amended by section 357 of determinations. ‘‘(IV) physical identifiers or biometrics; and ‘‘(V) any other identifying information pro- this Act, is further amended by adding at the ‘‘(2) For purposes of paragraph (1), the Direc- vided for watchlisting purposes; and end the following new items: tor of National Intelligence may consider— ‘‘(ii) does not include derogatory information ‘‘Sec. 1103. Misuse of the intelligence commu- ‘‘(A) security clearances at the level of con- or information that would reveal or compromise nity name, initials, or seal. fidential and secret as one security clearance intelligence or law enforcement sources or meth- ‘‘Sec. 1104. Misuse of the Office of the Director level; and ods.’’. of National Intelligence name, ini- ‘‘(B) security clearances at the level of top secret or higher as one security clearance level.’’. SEC. 365. MISUSE OF THE INTELLIGENCE COMMU- tials, or seal.’’. NITY AND OFFICE OF THE DIRECTOR SEC. 366. SECURITY CLEARANCES: REPORTS; OM- (B) INITIAL AUDIT.—The first audit required to OF NATIONAL INTELLIGENCE NAME, BUDSMAN; RECIPROCITY. be conducted under section 513(a)(1) of the Na- INITIALS, OR SEAL. (a) REPORTS RELATING TO SECURITY CLEAR- tional Security Act of 1947 (as added by para- (a) INTELLIGENCE COMMUNITY.—Title XI of ANCES.— graph (1)) shall be completed not later than Feb- the National Security Act of 1947 (50 U.S.C. 442 (1) QUADRENNIAL AUDIT; SECURITY CLEARANCE ruary 1, 2010. et seq.) is amended by adding at the end the fol- DETERMINATIONS.— (C) CLERICAL AMENDMENT.—The table of con- lowing new section: (A) IN GENERAL.—Title V of the National Se- tents in the first section of such Act (50 U.S.C. ‘‘MISUSE OF THE INTELLIGENCE COMMUNITY curity Act of 1947 (50 U.S.C. 413 et seq.), as 401 note), as amended by section 365 of this Act, NAME, INITIALS, OR SEAL amended by section 336 of this Act, is further is further amended by inserting after the item ‘‘SEC. 1103. (a) PROHIBITED ACTS.—No person amended by adding at the end the following relating to section 512 the following new item: may, except with the written permission of the new section: ‘‘Sec. 513. Reports on security clearances.’’.

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(2) REPORT ON METRICS FOR ADJUDICATION ment with another element of the intelligence TITLE IV—MATTERS RELATING TO ELE- QUALITY.—Not later than 180 days after the date community; and MENTS OF THE INTELLIGENCE COMMU- of enactment of this Act, the President shall (C) a contractor seeking permanent employ- NITY submit to Congress a report on security clear- ment with an element of the intelligence commu- Subtitle A—Office of the Director of National ance investigations and adjudications. Such re- nity. Intelligence port shall include— SEC. 401. CLARIFICATION OF LIMITATION ON CO- (A) Federal Government wide adjudication SEC. 367. LIMITATION ON USE OF FUNDS FOR THE TRANSFER OR RELEASE OF IN- LOCATION OF THE OFFICE OF THE guidelines and metrics for adjudication quality; DIVIDUALS DETAINED AT UNITED DIRECTOR OF NATIONAL INTEL- (B) a plan to improve the professional devel- STATES NAVAL STATION, GUANTA- LIGENCE. opment of security clearance adjudicators; NAMO BAY, CUBA. Section 103 of the National Security Act of (C) metrics to evaluate the effectiveness of 1947 (50 U.S.C. 403–3), as amended by section (a) IN GENERAL.—The Director of National In- interagency clearance reciprocity; 302(1) of this Act, is further amended— telligence may not use any of the amounts au- (D) Federal Government wide investigation (1) in subsection (f) (as so redesignated)— thorized to be appropriated in this Act for fiscal standards and metrics for investigation quality; (A) in the heading, by striking ‘‘WITH’’ and year 2010 or any subsequent fiscal year to re- and inserting ‘‘OF HEADQUARTERS WITH HEAD- lease or transfer any individual described in (E) the feasibility, counterintelligence risk, QUARTERS OF’’; subsection (d) to the United States, its terri- and cost effectiveness of— (B) by striking ‘‘Commencing as of October 1, tories, or possessions, until 120 days after the (i) by not later than January 1, 2012, requiring 2008, the’’ and inserting ‘‘(1) Except as provided President has submitted to the congressional de- the investigation and adjudication of security in paragraph (2), the’’; fense committees the plan described in sub- (C) in paragraph (1), as designated by para- clearances to be conducted by not more than section (b). graph (2) of this section, by inserting ‘‘the head- two Federal agencies; and quarters of’’ before ‘‘the Office’’; (ii) by not later than January 1, 2015, requir- (b) PLAN REQUIRED.—The President shall submit to Congress a plan on the disposition of (D) in paragraph (1) (as so designated), by ing the investigation and adjudication of secu- striking ‘‘any other element’’ and inserting ‘‘the rity clearances to be conducted by not more each individual described in subsection (d). Such plan shall include— headquarters of any other element’’; and than one Federal agency. (E) by adding at the end the following new (b) OMBUDSMAN FOR INTELLIGENCE COMMU- (1) an assessment of the risk that the indi- paragraph: NITY SECURITY CLEARANCES.— vidual described in subsection (d) poses to the ‘‘(2) The President may waive the limitation (1) IN GENERAL.—Title I of the National Secu- national security of the United States, its terri- in paragraph (1) if the President determines rity Act of 1947 (50 U.S.C. 402 et seq.), as amend- tories, or possessions; that— ed by section 303 of this Act, is further amended (2) a proposal for the disposition for each such ‘‘(A) a waiver is in the interests of national by inserting after section 103G the following individual; security; or new section: (3) a plan to mitigate any risks described in ‘‘(B) the costs of a headquarters of the Office of the Director of National Intelligence that is ‘‘OMBUDSMAN FOR INTELLIGENCE COMMUNITY paragraph (1) should the proposed disposition separate from the headquarters of the other ele- SECURITY CLEARANCES required by paragraph (2) include the release or ments of the intelligence community outweighs ‘‘SEC. 103H. (a) APPOINTMENT.—The Director transfer to the United States, its territories, or the potential benefits of the separation.’’; and of National Intelligence shall appoint an om- possessions of any such individual; and budsman for intelligence community security (2) by adding at the end the following new (4) a summary of the consultation required in clearances. subsection: subsection (c). ‘‘(g) LOCATION OF THE OFFICE OF THE DIREC- ‘‘(b) PROVISION OF INFORMATION.—The head of an element of the intelligence community (c) CONSULTATION REQUIRED.—The President TOR OF NATIONAL INTELLIGENCE.—The headquarters of the Office of the Director of National shall provide a person applying for a security shall consult with the chief executive of the Intelligence may be located in the Washington clearance through or in coordination with such State, the District of Columbia, or the territory metropolitan region (as defined in section 8301 element with contact information for the om- or possession of the United States to which the of title 40, United States Code).’’. budsman appointed under subsection (a). disposition in subsection (b) includes a release SEC. 402. MEMBERSHIP OF THE DIRECTOR OF NA- ‘‘(c) REPORT.—Not later than November 1 of or transfer to that State, District of Columbia, or territory or possession. TIONAL INTELLIGENCE ON THE each year, the ombudsman appointed under TRANSPORTATION SECURITY OVER- subsection (a) shall submit to the congressional (d) DETAINEES DESCRIBED.—An individual de- SIGHT BOARD. intelligence committees a report containing— scribed in this subsection is any individual who Subparagraph (F) of section 115(b)(1) of title ‘‘(1) the number of persons applying for a se- is located at United States Naval Station, Guan- 49, United States Code, is amended to read as curity clearance who have contacted the om- tanamo Bay, Cuba, as of the date of the enact- follows: budsman during the preceding 12 months; and ment of this Act, who— ‘‘(F) The Director of National Intelligence, or ‘‘(2) a summary of the concerns, complaints, (1) is not a citizen of the United States; and the Director’s designee.’’. and questions received by the ombudsman from (2) is— SEC. 403. ADDITIONAL DUTIES OF THE DIRECTOR persons applying for security clearances.’’. OF SCIENCE AND TECHNOLOGY. (A) in the custody or under the effective con- (2) APPOINTMENT DATE.—The Director of Na- Section 103E of the National Security Act of tional Intelligence shall appoint an ombudsman trol of the Department of Defense, or 1947 (50 U.S.C. 403–3e) is amended— for intelligence community security clearances (B) otherwise under detention at the United (1) in subsection (c)— under section 103H(a) of the National Security States Naval Station, Guantanamo Bay, Cuba. (A) by redesignating paragraph (5) as para- Act of 1947, as added by paragraph (1), not later SEC. 368. INTELLIGENCE COMMUNITY FINANCIAL graph (7); than 120 days after the date of the enactment of IMPROVEMENT AND AUDIT READI- (B) in paragraph (4), by striking ‘‘; and’’ and this Act. NESS. inserting ‘‘;’’; and (C) by inserting after paragraph (4) the fol- (3) CONFORMING AMENDMENT.—The table of (a) SENSE OF CONGRESS.—It is the sense of contents in the first section of such Act (50 lowing new paragraphs: Congress that— ‘‘(5) assist the Director of National Intel- U.S.C. 401 note), as amended by subsection (1) it is no longer excusable to allow poor busi- ligence in establishing goals for basic, applied, (a)(1)(C) of this section, is further amended by ness systems, a deficiency of resources, or a lack and advanced research to meet the technology inserting after the item relating to section 103G of commitment from senior leadership of the in- needs of the intelligence community; the following new item: telligence community to foster waste or non- ‘‘(6) submit to the congressional intelligence ‘‘Sec. 103H. Ombudsman for intelligence com- accountability to the United States taxpayer; committees an annual report on the science and munity security clearances.’’. (2) the Director of National Intelligence has technology strategy of the Director that shows (c) SECURITY CLEARANCE RECIPROCITY.— not made compliance with financial manage- resources mapped to the goals of the intelligence (1) AUDIT.—The Inspector General of the In- ment and audit readiness standards a top pri- community; and’’; and telligence Community shall conduct an audit of ority; and (2) in subsection (d)(3)— (A) in subparagraph (A)— the reciprocity of security clearances in the in- (3) the Director of National Intelligence telligence community. (i) by inserting ‘‘and prioritize’’ after ‘‘coordi- should require each element of the intelligence nate’’; and (2) REPORT.—Not later than 120 days after the community to develop and implement a specific (ii) by striking ‘‘; and’’ and inserting ‘‘;’’; date of the enactment of this Act, the Inspector plan to become compliant with the law. (B) by redesignating subparagraph (B) as sub- General of the Intelligence Community shall (b) REVIEW; PLAN.—Not later than 180 days paragraph (C); and submit to the congressional intelligence commit- (C) by inserting after subparagraph (A) the tees a report containing the results of the audit after the date of the enactment of this Act, the Director of National Intelligence shall— following new subparagraph: conducted under paragraph (1). Such report ‘‘(B) identify basic, advanced, and applied re- shall include an assessment of the time required (1) conduct a review of the status of the search programs to be executed by elements of to obtain a reciprocal security clearance for— auditability compliance of each element of the the intelligence community; and’’. intelligence community; and (A) an employee of an element of the intel- SEC. 404. PLAN TO IMPLEMENT RECOMMENDA- ligence community detailed to another element (2) develop a plan and timeline to achieve a TIONS OF THE DATA CENTER EN- of the intelligence community; full, unqualified audit of each element of the in- ERGY EFFICIENCY REPORTS. (B) an employee of an element of the intel- telligence community not later than September (a) PLAN.—The Director of National Intel- ligence community seeking permanent employ- 30, 2013. ligence shall develop a plan to implement the

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recommendations of the report submitted to Con- pointed by the President, by and with the ad- ‘‘(f) AUTHORITIES.—(1) The Inspector General gress under section 1 of the Act entitled ‘‘An Act vice and consent of the Senate. of the Intelligence Community shall have direct to study and promote the use of energy efficient ‘‘(2) The nomination of an individual for ap- and prompt access to the Director of National computer servers in the United States’’ (Public pointment as Inspector General shall be made— Intelligence when necessary for any purpose Law 109–431; 120 Stat. 2920) across the intel- ‘‘(A) without regard to political affiliation; pertaining to the performance of the duties of ligence community. ‘‘(B) on the basis of integrity, compliance with the Inspector General. (b) REPORT.— the security standards of the intelligence com- ‘‘(2)(A) The Inspector General shall have ac- (1) IN GENERAL.—Not later than 180 days after munity, and prior experience in the field of in- cess to any employee, or any employee of a con- the date of the enactment of this Act, the Direc- telligence or national security; tractor, of any element of the intelligence com- tor of National Intelligence shall submit to the ‘‘(C) on the basis of demonstrated ability in munity whose testimony is needed for the per- congressional intelligence committees a report accounting, financial analysis, law, manage- formance of the duties of the Inspector General. containing the plan developed under subsection ment analysis, public administration, or audit- ‘‘(B) The Inspector General shall have direct (a). ing; and access to all records, reports, audits, reviews, ‘‘(D) on the basis of expertise in investiga- (2) FORM.—The report under paragraph (1) documents, papers, recommendations, or other tions. material which relate to the programs and oper- shall be submitted in unclassified form, but may ‘‘(3) The Inspector General shall report di- contain a classified annex. ations with respect to which the Inspector Gen- rectly to the Director of National Intelligence. eral has responsibilities under this section. SEC. 405. TITLE OF CHIEF INFORMATION OFFICER ‘‘(4) The Inspector General may be removed ‘‘(C) The Director or, on the recommendation OF THE INTELLIGENCE COMMUNITY. from office only by the President. The President of the Director, another appropriate official of Section 103G of the National Security Act of shall communicate in writing to the congres- the intelligence community, shall take appro- 1947 (50 U.S.C. 403–3g) is amended— sional intelligence committees the reasons for priate administrative action against an em- (1) in subsection (a), by inserting ‘‘of the In- the removal of any individual from the position ployee, or employee of a contractor, of an ele- telligence Community’’ after ‘‘Chief Information of Inspector General not later than 30 days be- ment of the intelligence community that fails to Officer’’; fore the date on which the Inspector General is cooperate with the Inspector General. Such ad- (2) in subsection (b), by inserting ‘‘of the In- removed from office. ministrative action may include loss of employ- telligence Community’’ after ‘‘Chief Information ‘‘(d) DUTIES AND RESPONSIBILITIES.—Subject ment or termination of an existing contractual Officer’’; to subsections (g) and (h), the Inspector General relationship. (3) in subsection (c) in the matter preceding of the Intelligence Community shall— ‘‘(3) The Inspector General shall, in accord- paragraph (1), by inserting ‘‘of the Intelligence ‘‘(1) provide policy direction for, and plan, ance with subsection (g), receive and investigate Community’’ after ‘‘Chief Information Officer’’; conduct, supervise, and coordinate independ- complaints or information from any person con- and ently, the investigations, inspections, and audits cerning the existence of an activity within the (4) in subsection (d), by inserting ‘‘of the In- relating to matters within the responsibility and authorities and responsibilities of the Director of telligence Community’’ after ‘‘Chief Information authority of the Director of National Intel- National Intelligence constituting a violation of Officer’’. ligence to ensure they are conducted efficiently laws, rules, or regulations, or mismanagement, SEC. 406. INSPECTOR GENERAL OF THE INTEL- and in accordance with applicable law and reg- gross waste of funds, abuse of authority, or a LIGENCE COMMUNITY. ulations; substantial and specific danger to the public (a) ESTABLISHMENT.— ‘‘(2) keep the Director of National Intelligence health and safety. Once such complaint or in- (1) IN GENERAL.—Title I of the National Secu- and Congress fully and currently informed con- formation has been received from an employee of rity Act of 1947 (50 U.S.C. 402 et seq.), as amend- cerning violations of law and regulations, viola- the Federal Government— ed by section 366 of this Act, is further amended tions of civil liberties and privacy, fraud and ‘‘(A) the Inspector General shall not disclose by inserting after section 103H (as added by other serious problems, abuses, and deficiencies the identity of the employee without the consent such section 366) the following new section: that may occur in matters within the responsi- of the employee, unless the Inspector General ‘‘INSPECTOR GENERAL OF THE INTELLIGENCE bility and authority of the Director, and report determines that such disclosure is unavoidable COMMUNITY the progress made in implementing corrective ac- during the course of the investigation or the dis- ‘‘SEC. 103I. (a) OFFICE OF INSPECTOR GENERAL tion; closure is made to an official of the Department ‘‘(3) take due regard for the protection of in- OF INTELLIGENCE COMMUNITY.—There is within of Justice responsible for determining whether a telligence sources and methods in the prepara- the Office of the Director of National Intel- prosecution should be undertaken; and tion of all reports issued by the Inspector Gen- ligence an Office of the Inspector General of the ‘‘(B) no action constituting a reprisal, or eral, and, to the extent consistent with the pur- threat of reprisal, for making such complaint Intelligence Community. pose and objective of such reports, take such may be taken by any employee, unless the com- ‘‘(b) PURPOSE.—The purpose of the Office of measures as may be appropriate to minimize the plaint was made or the information was dis- the Inspector General of the Intelligence Com- disclosure of intelligence sources and methods closed with the knowledge that it was false or munity is to— described in such reports; and with willful disregard for its truth or falsity. ‘‘(1) be an independent and objective office ‘‘(4) in the execution of the duties and respon- ‘‘(4) The Inspector General shall administer to appropriately accountable to Congress and to sibilities under this section, comply with gen- or take from any person an oath, affirmation, or initiate and conduct investigations, inspections, erally accepted Federal Government auditing affidavit, whenever necessary in the perform- and audits on matters within the responsibility standards. ance of the duties of the Inspector General, and authority of the Director of National Intel- ‘‘(e) LIMITATIONS ON ACTIVITIES.—(1)(A) Sub- which oath, affirmation, or affidavit when ad- ligence; ject to subparagraph (B), the Director of Na- ministered or taken by or before an employee of ‘‘(2) recommend policies designed— tional Intelligence may prohibit the Inspector the Office of the Inspector General of the Intel- ‘‘(A) to promote economy, efficiency, and ef- General of the Intelligence Community from ini- ligence Community designated by the Inspector fectiveness in the administration and implemen- tiating, carrying out, or completing any inves- General shall have the same force and effect as tation of matters within the responsibility and tigation, inspection, or audit if the Director de- if administered or taken by, or before, an officer authority of the Director of National Intel- termines that such prohibition is necessary to having a seal. ligence; and protect vital national security interests of the ‘‘(5)(A) Except as provided in subparagraph ‘‘(B) to prevent and detect fraud and abuse in United States. (B), the Inspector General may require by sub- such matters; ‘‘(B) The Director of National Intelligence poena the production of all information, docu- ‘‘(3) provide a means for keeping the Director may not prohibit an investigation, inspection, or ments, reports, answers, records, accounts, pa- of National Intelligence fully and currently in- audit under subparagraph (A) solely on the pers, and other data and documentary evidence formed about— basis of the level of classification or necessary in the performance of the duties and ‘‘(A) problems and deficiencies relating to compartmentation of information that the In- responsibilities of the Inspector General. matters within the responsibility and authority spector General may seek access to while con- ‘‘(B) In the case of departments, agencies, and of the Director of National Intelligence; and ducting such investigation, inspection, or audit. other elements of the United States Government, ‘‘(B) the necessity for, and the progress of, ‘‘(2) If the Director exercises the authority the Inspector General shall obtain information, corrective actions; and under paragraph (1), the Director shall submit documents, reports, answers, records, accounts, ‘‘(4) in the manner prescribed by this section, to the congressional intelligence committees an papers, and other data and evidence for the ensure that the congressional intelligence com- appropriately classified statement of the reasons purpose specified in subparagraph (A) using mittees are kept informed of— for the exercise of such authority within 7 days. procedures other than by subpoenas. ‘‘(A) significant problems and deficiencies re- ‘‘(3) The Director shall notify the Inspector ‘‘(C) The Inspector General may not issue a lating to matters within the responsibility and General at the time a report under paragraph subpoena for, or on behalf of, any element of authority of the Director of National Intel- (2) is submitted, and, to the extent consistent the intelligence community, including the Office ligence; and with the protection of intelligence sources and of the Director of National Intelligence. ‘‘(B) the necessity for, and the progress of, methods, provide the Inspector General with a ‘‘(D) In the case of contumacy or refusal to corrective actions. copy of such report. obey a subpoena issued under this paragraph, ‘‘(c) INSPECTOR GENERAL OF INTELLIGENCE ‘‘(4) The Inspector General shall submit to the the subpoena shall be enforceable by order of COMMUNITY.—(1) There is an Inspector General congressional intelligence committees any com- any appropriate district court of the United of the Intelligence Community, who shall be the ments on a report of which the Inspector Gen- States. head of the Office of the Inspector General of eral has notice under paragraph (3) that the In- ‘‘(6) The Inspector General may obtain serv- the Intelligence Community, who shall be ap- spector General considers appropriate. ices as authorized under section 3109 of title 5,

VerDate Nov 24 2008 03:28 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00035 Fmt 4634 Sfmt 6333 E:\CR\FM\A25FE7.008 H25FEPT1 dcolon on DSK2BSOYB1PROD with HOUSE H870 CONGRESSIONAL RECORD — HOUSE February 25, 2010 United States Code, at rates for individuals not uisite training and experience to enable the In- ity of the Director of National Intelligence, and to exceed the daily equivalent of the maximum spector General to carry out the duties of the to detect and eliminate fraud and abuse in such annual rate of basic pay payable for grade GS– Inspector General effectively. matters. 15 of the General Schedule under section 5332 of ‘‘(C) In meeting the requirements of this para- ‘‘(C) Not later than 30 days after the date of title 5, United States Code. graph, the Inspector General shall recommend receipt of a report under subparagraph (A), the ‘‘(7) The Inspector may, to the extent and in policies to the Director of National Intelligence Director shall submit the report to the congres- such amounts as may be provided in advance by to create within the intelligence community a sional intelligence committees together with any appropriations Acts, enter into contracts and career cadre of sufficient size to provide appro- comments the Director considers appropriate. other arrangements for audits, studies, anal- priate continuity and objectivity needed for the ‘‘(D) Each report submitted under subpara- yses, and other services with public agencies effective performance of the duties of the In- graphs (A) and (C) shall be submitted in unclas- and with private persons, and to make such spector General. sified form, but may include a classified annex. payments as may be necessary to carry out the ‘‘(3)(A) The Inspector General may, in con- ‘‘(2)(A) The Inspector General shall report im- provisions of this section. sultation with the Director, request such infor- mediately to the Director whenever the Inspec- ‘‘(g) COORDINATION AMONG THE INSPECTORS mation or assistance as may be necessary for tor General becomes aware of particularly seri- GENERAL OF THE INTELLIGENCE COMMUNITY.— carrying out the duties and responsibilities of ous or flagrant problems, abuses, or deficiencies (1)(A) If a matter within the jurisdiction of the the Inspector General from any department, relating to matters within the responsibility and Inspector General of the Intelligence Community agency, or other element of the United States authority of the Director of National Intel- that may be subject to an investigation, inspec- Government. ligence. tion, review, or audit by both the Inspector Gen- ‘‘(B) Upon request of the Inspector General ‘‘(B) The Director shall submit to the congres- eral of the Intelligence Community and an infor information or assistance under subpara- sional intelligence committees each report under spector general with oversight responsibility for graph (A), the head of the department, agency, subparagraph (A) within 7 days of the receipt of an element of the intelligence community, the or element concerned shall furnish to the In- such report, together with such comments as the Inspector General of the Intelligence Community spector General, or to an authorized designee, Director considers appropriate. The Director and such other inspector general shall expedi- such information or assistance. shall submit to the committees of the Senate and tiously resolve the question of which inspector ‘‘(C) The Inspector General of the Intelligence of the House of Representatives with jurisdic- general shall conduct such investigation, in- Community may, upon reasonable notice to the tion over a department of the United States Gov- spection, review, or audit to avoid unnecessary head of any element of the intelligence commu- ernment any portion of each report under sub- duplication of the activities of the inspectors nity and in coordination with the inspector gen- paragraph (A) that involves a problem, abuse, general. eral of that element pursuant to subsection (g), or deficiency related to a component of such de- ‘‘(B) In attempting to resolve a question under conduct an inspection, review, or audit of such partment simultaneously with transmission of subparagraph (A), the inspectors general con- element and may enter into any place occupied the report to the congressional intelligence com- cerned may request the assistance of the Intel- by such element for purposes of the performance mittees. ligence Community Inspectors General Forum of the duties of the Inspector General. ‘‘(3) The Inspector General shall immediately established under subparagraph (C). If a dis- ‘‘(i) REPORTS.—(1)(A) Not later than January notify and submit a report to the congressional pute between an inspector general within an 31 and July 31 of each year, the Inspector Gen- intelligence committees on an investigation, in- agency or department of the United States Gov- eral of the Intelligence Community shall prepare spection, review, or audit if— ernment and the Inspector General of the Intel- and submit to the Director of National Intel- ‘‘(A) the Inspector General is unable to resolve ligence Community has not been resolved with ligence a report summarizing the activities of any significant differences with the Director af- the assistance of the Forum, the inspectors gen- the Office of the Inspector General of the Intel- fecting the execution of the duties or respon- eral shall submit the question to the Director of ligence Community during the preceding six- sibilities of the Inspector General; National Intelligence and the head of the af- month period. The Inspector General of the In- ‘‘(B) the investigation, inspection, review, or fected agency or department for resolution. telligence Community shall provide any portion audit carried out by the Inspector General fo- ‘‘(C) There is established the Intelligence of the report involving a component of a depart- cuses on any current or former intelligence com- Community Inspectors General Forum which ment of the United States Government to the munity official who— shall consist of all statutory or administrative head of that department simultaneously with ‘‘(i) holds or held a position in an element of inspectors general with oversight responsibility submission of the report to the Director of Na- the intelligence community that is subject to ap- for an element of the intelligence community. tional Intelligence. pointment by the President, whether or not by The Inspector General of the Intelligence Com- ‘‘(B) Each report under this paragraph shall and with the advice and consent of the Senate, munity shall serve as the chair of the Forum. include the following: including such a position held on an acting The Forum shall have no administrative author- ‘‘(i) A list of the titles or subjects of each in- basis; ity over any inspector general, but shall serve as vestigation, inspection, review, or audit con- ‘‘(ii) holds or held a position in an element of a mechanism for informing its members of the ducted during the period covered by such report, the intelligence community, including a position work of individual members of the Forum that including a summary of the progress of each held on an acting basis, that is appointed by the may be of common interest and discussing ques- particular investigation, inspection, or audit Director of National Intelligence; or tions about jurisdiction or access to employees, since the preceding report of the Inspector Gen- ‘‘(iii) holds or held a position as head of an employees of a contractor, records, audits, re- eral under this paragraph. element of the intelligence community or a posi- views, documents, recommendations, or other ‘‘(ii) A description of significant problems, tion covered by subsection (b) or (c) of section materials that may involve or be of assistance to abuses, and deficiencies relating to the adminis- 106; more than one of its members. tration and implementation of programs and op- ‘‘(C) a matter requires a report by the Inspec- ‘‘(2) The inspector general conducting an in- erations of the intelligence community, and in tor General to the Department of Justice on pos- vestigation, inspection, review, or audit referred the relationships between elements of the intel- sible criminal conduct by a current or former of- to in paragraph (1) shall submit the results of ligence community, identified by the Inspector ficial described in subparagraph (B); such investigation, inspection, review, or audit General during the period covered by such re- ‘‘(D) the Inspector General receives notice to any other inspector general, including the In- port. from the Department of Justice declining or ap- spector General of the Intelligence Community, ‘‘(iii) A description of the recommendations proving prosecution of possible criminal conduct with jurisdiction to conduct such investigation, for disciplinary action made by the Inspector of any current or former official described in inspection, review, or audit who did not conduct General during the period covered by such re- subparagraph (B); or such investigation, inspection, review, or audit. port with respect to significant problems, ‘‘(E) the Inspector General, after exhausting ‘‘(h) STAFF AND OTHER SUPPORT.—(1) The Di- abuses, or deficiencies described in clause (ii). all possible alternatives, is unable to obtain sig- rector of National Intelligence shall provide the ‘‘(iv) A statement of whether or not corrective nificant documentary information in the course Inspector General of the Intelligence Community or disciplinary action has been completed on of such investigation, inspection, review, or with appropriate and adequate office space at each significant recommendation described in audit. central and field office locations and with such previous semiannual reports, and, in a case ‘‘(4)(A) An employee of an element of the in- equipment, office supplies, maintenance serv- where corrective action has been completed, a telligence community, an employee assigned or ices, and communications facilities and services description of such corrective action. detailed to an element of the intelligence com- as may be necessary for the operation of such ‘‘(v) A certification of whether or not the In- munity, or an employee of a contractor of the offices. spector General has had full and direct access to intelligence community who intends to report to ‘‘(2)(A) The Inspector General shall select, ap- all information relevant to the performance of Congress a complaint or information with re- point, and employ such officers and employees the functions of the Inspector General. spect to an urgent concern may report such as may be necessary to carry out the functions, ‘‘(vi) A description of the exercise of the sub- complaint or information to the Inspector Gen- powers, and duties of the Inspector General. poena authority under subsection (f)(5) by the eral. The Inspector General shall ensure that any of- Inspector General during the period covered by ‘‘(B) Not later than the end of the 14-day pe- ficer or employee selected, appointed, or em- such report. riod beginning on the date of receipt from an ployed has a security clearance appropriate for ‘‘(vii) Any recommendations that the Inspec- employee of a complaint or information under the assigned duties of such officer or employee. tor General considers appropriate for legislation subparagraph (A), the Inspector General shall ‘‘(B) In making selections under subpara- to promote economy, efficiency, and effective- determine whether the complaint or information graph (A), the Inspector General shall ensure ness in the administration and implementation appears credible. Upon making such a deter- that such officers and employees have the req- of matters within the responsibility and author- mination, the Inspector General shall submit to

VerDate Nov 24 2008 03:28 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00036 Fmt 4634 Sfmt 6333 E:\CR\FM\A25FE7.009 H25FEPT1 dcolon on DSK2BSOYB1PROD with HOUSE February 25, 2010 CONGRESSIONAL RECORD — HOUSE H871 the Director a notice of that determination, to- Program budget a separate account for the Of- gressional intelligence committees a report con- gether with the complaint or information. fice of Inspector General of the Intelligence taining the results of such audit.’’. ‘‘(C) Upon receipt of a submittal from the In- Community. (b) CONFORMING AMENDMENTS.—Title V of the spector General under subparagraph (B), the ‘‘(k) CONSTRUCTION OF DUTIES REGARDING National Security Act of 1947 (50 U.S.C. 413 et Director shall, not later than 7 days after such ELEMENTS OF INTELLIGENCE COMMUNITY.—Ex- seq.) is amended— receipt, forward such transmittal to the congres- cept as resolved pursuant to subsection (g), the (1) in section 501(f) (50 U.S.C. 413(f)), by strik- sional intelligence committees, together with performance by the Inspector General of the In- ing ‘‘503(e)’’ and inserting ‘‘503(i)’’; any comments the Director considers appro- telligence Community of any duty, responsi- (2) in section 502(a)(1) (50 U.S.C. 413b(a)(1)), priate. bility, or function regarding an element of the by striking ‘‘503(e)’’ and inserting ‘‘503(i)’’; and ‘‘(D)(i) If the Inspector General does not find intelligence community shall not be construed to (3) in section 504(c) (50 U.S.C. 414(c)), by credible under subparagraph (B) a complaint or modify or affect the duties and responsibilities striking ‘‘503(e)’’ and inserting ‘‘503(i)’’. information submitted under subparagraph (A), of any other inspector general having duties SEC. 412. PROHIBITION ON THE USE OF PRIVATE or does not submit the complaint or information and responsibilities relating to such element.’’. CONTRACTORS FOR INTERROGA- to the Director in accurate form under subpara- (2) CLERICAL AMENDMENT.—The table of con- TIONS INVOLVING PERSONS IN THE graph (B), the employee (subject to clause (ii)) tents in the first section of the National Security CUSTODY OF THE CENTRAL INTEL- LIGENCE AGENCY. may submit the complaint or information to Act of 1947 (50 U.S.C. 401 note), as amended by The Central Intelligence Agency Act of 1949 Congress by contacting either or both of the section 366 of this Act, is further amended by in- (50 U.S.C. 403a et seq.) is amended by adding at congressional intelligence committees directly. serting after the item relating to section 103H the end the following new section: ‘‘(ii) An employee may contact the congres- the following new item: ‘‘PROHIBITION ON THE USE OF PRIVATE CONTRAC- sional intelligence committees directly as de- ‘‘Sec. 103I. Inspector General of the Intelligence TORS FOR INTERROGATIONS INVOLVING PERSONS scribed in clause (i) only if the employee— Community.’’. ‘‘(I) before making such a contact, furnishes IN THE CUSTODY OF THE CENTRAL INTEL- (b) REPEAL OF SUPERSEDED AUTHORITY TO ES- to the Director, through the Inspector General, LIGENCE AGENCY TABLISH POSITION.—Section 8K of the Inspector a statement of the employee’s complaint or in- ‘‘SEC. 24. (a) PROHIBITION.—Notwithstanding General Act of 1978 (5 U.S.C. App.) is repealed. formation and notice of the employee’s intent to any other provision of law, the Director of the (c) EXECUTIVE SCHEDULE LEVEL III.—Section contact the congressional intelligence commit- Central Intelligence Agency shall not expend or 5314 of title 5, United States Code, is amended tees directly; and obligate funds for payment to any contractor to by adding at the end the following new item: ‘‘(II) obtains and follows from the Director, conduct the interrogation of a detainee or pris- ‘‘Inspector General of the Intelligence Com- through the Inspector General, direction on how oner in the custody of the Central Intelligence munity.’’. to contact the intelligence committees in accord- Agency. (d) APPLICABILITY DATE; TRANSITION.— ance with appropriate security practices. ‘‘(b) EXCEPTION.— (1) APPLICABILITY.—The amendment made by ‘‘(iii) A member or employee of one of the con- ‘‘(1) IN GENERAL.—The Director of the Central subsection (b) shall apply on the earlier of— gressional intelligence committees who receives a Intelligence Agency may request, and the Direc- (A) the date of the appointment by the Presi- complaint or information under clause (ii) does tor of National Intelligence may grant, a written dent and confirmation by the Senate of an indi- so in that member or employee’s official capacity waiver of the requirement under subsection (a) vidual to serve as Inspector General of the Intel- as a member or employee of such committee. if the Director of the Central Intelligence Agen- ligence Community; or ‘‘(E) The Inspector General shall notify an cy determines that— (B) the date of the cessation of the perform- employee who reports a complaint or informa- ‘‘(A) no employee of the Federal Government ance of the duties of the Inspector General of tion to the Inspector General under this para- is— the Intelligence Community by the individual graph of each action taken under this para- ‘‘(i) capable of performing such interrogation; serving as the Inspector General of the Office of graph with respect to the complaint or informa- and the Director of National Intelligence as of the tion. Such notice shall be provided not later ‘‘(ii) available to perform such interrogation; date of the enactment of this Act. than 3 days after any such action is taken. and (2) TRANSITION.—The individual serving as ‘‘(F) An action taken by the Director or the ‘‘(B) such interrogation is in the national in- the Inspector General of the Office of the Direc- Inspector General under this paragraph shall terest of the United States and requires the use tor of National Intelligence as of the date of the not be subject to judicial review. of a contractor. enactment of this Act shall perform the duties of ‘‘(G) Nothing in this paragraph shall be con- ‘‘(2) CLARIFICATION OF APPLICABILITY OF CER- the Inspector General of the Intelligence Com- strued to limit the protections afforded an em- TAIN LAWS.—Any contractor conducting an in- munity until the individual appointed to the po- ployee of or contractor to the Central Intel- terrogation pursuant to a waiver under para- sition of Inspector General of the Intelligence ligence Agency under section 17(e)(3) of the graph (1) shall be subject to all laws on the con- Community assumes the duties of such position. Central Intelligence Agency Act of 1949 (50 duct of interrogations that would apply if an U.S.C. 403q(e)(3)). Subtitle B—Central Intelligence Agency employee of the Federal Government were con- ‘‘(H) In this paragraph, the term ‘urgent con- SEC. 411. REVIEW OF COVERT ACTION PROGRAMS ducting the interrogation.’’. cern’ means any of the following: BY INSPECTOR GENERAL OF THE SEC. 413. APPEALS FROM DECISIONS OF CENTRAL ‘‘(i) A serious or flagrant problem, abuse, vio- CENTRAL INTELLIGENCE AGENCY. INTELLIGENCE AGENCY CON- lation of law or Executive order, or deficiency (a) IN GENERAL.—Section 503 of the National TRACTING OFFICERS. relating to the funding, administration, or oper- Security Act of 1947 (50 U.S.C. 413b), as amend- Section 8(d) of the Contract Disputes Act of ation of an intelligence activity involving classi- ed by section 321 of this Act, is further amend- 1978 (41 U.S.C. 607(d)) is amended by inserting fied information, but does not include dif- ed— before the sentence beginning with ‘‘In exer- ferences of opinions concerning public policy (1) by redesignating subsection (e) as sub- cising’’ the following new sentence: ‘‘Notwith- matters. section (i) and transferring such subsection to standing any other provision of law, an appeal ‘‘(ii) A false statement to Congress, or a will- the end; and from a decision of a contracting officer of the ful withholding from Congress, on an issue of (2) by inserting after subsection (d) the fol- Central Intelligence Agency relative to a con- material fact relating to the funding, adminis- lowing new subsection: tract made by that agency may be filed with tration, or operation of an intelligence activity. ‘‘(e) INSPECTOR GENERAL AUDITS OF COVERT whichever of the Armed Services Board or the ‘‘(iii) An action, including a personnel action ACTIONS.— Civilian Board is specified by the contracting of- described in section 2302(a)(2)(A) of title 5, ‘‘(1) IN GENERAL.—Subject to paragraph (2), ficer as the Board to which such an appeal may United States Code, constituting reprisal or the Inspector General of the Central Intelligence be made and the Board so specified shall have threat of reprisal prohibited under subsection Agency shall conduct an audit of each covert jurisdiction to decide that appeal.’’. (f)(3)(B) of this section. action at least every 3 years. Such audits shall SEC. 414. DEPUTY DIRECTOR OF THE CENTRAL ‘‘(5) In accordance with section 535 of title 28, be conducted subject to the provisions of para- INTELLIGENCE AGENCY. United States Code, the Inspector General shall graphs (3) and (4) of subsection (b) of section 17 (a) ESTABLISHMENT AND DUTIES OF DEPUTY report to the Attorney General any information, of the Central Intelligence Agency Act of 1949 DIRECTOR OF CIA.—Title I of the National Secu- allegation, or complaint received by the Inspec- (50 U.S.C. 403q). rity Act of 1947 (50 U.S.C. 402 et seq.) is amend- tor General relating to violations of Federal ‘‘(2) TERMINATED, SUSPENDED PROGRAMS.— ed by inserting after section 104A the following criminal law that involves a program or oper- The Inspector General of the Central Intel- new section: ation of an element of the intelligence commu- ligence Agency is not required to conduct an ‘‘DEPUTY DIRECTOR OF THE CENTRAL nity, or in the relationships between the ele- audit under paragraph (1) of a covert action INTELLIGENCE AGENCY ments of the intelligence community, consistent that has been terminated or suspended if such ‘‘SEC. 104B. (a) DEPUTY DIRECTOR OF CEN- with such guidelines as may be issued by the At- covert action was terminated or suspended prior TRAL INTELLIGENCE AGENCY.—There is a Deputy torney General pursuant to subsection (b)(2) of to the last audit of such covert action conducted Director of the Central Intelligence Agency who such section. A copy of each such report shall be by the Inspector General and has not been re- shall be appointed by the President. furnished to the Director. started after the date on which such audit was ‘‘(b) DUTIES.—The Deputy Director of the ‘‘(j) SEPARATE BUDGET ACCOUNT.—The Direc- completed. Central Intelligence Agency shall— tor of National Intelligence shall, in accordance ‘‘(3) REPORT.—Not later than 60 days after the ‘‘(1) assist the Director of the Central Intel- with procedures to be issued by the Director in completion of an audit conducted pursuant to ligence Agency in carrying out the duties and consultation with the congressional intelligence paragraph (1), the Inspector General of the Cen- responsibilities of the Director of the Central In- committees, include in the National Intelligence tral Intelligence Agency shall submit to the con- telligence Agency; and

VerDate Nov 24 2008 03:28 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00037 Fmt 4634 Sfmt 6333 E:\CR\FM\A25FE7.009 H25FEPT1 dcolon on DSK2BSOYB1PROD with HOUSE H872 CONGRESSIONAL RECORD — HOUSE February 25, 2010 ‘‘(2) during the absence or disability of the Di- of this section. Such guidelines shall be sub- visions of subsection (b) shall apply upon the rector of the Central Intelligence Agency, or mitted in unclassified form, but may contain a earlier of— during a vacancy in the position of Director of classified annex. (1) the date of the nomination by the Presi- the Central Intelligence Agency, act for and ex- Subtitle C—Other Elements dent of an individual to serve in the position ercise the powers of the Director of the Central concerned, except that the individual serving in SEC. 421. HOMELAND SECURITY INTELLIGENCE such position as of the date of the enactment of Intelligence Agency.’’. ELEMENTS. this Act may continue to perform such duties (b) CONFORMING AMENDMENTS.— Section 3(4) of the National Security Act of (1) EXECUTIVE SCHEDULE III.—Section 5314 of after such date of nomination and until the in- 1947 (50 U.S.C. 401a(4)) is amended— dividual appointed to such position, by and title 5, United States Code, is amended by strik- (1) in subparagraph (H), by inserting ‘‘the with the advice and consent of the Senate, as- ing ‘‘Deputy Directors of Central Intelligence Coast Guard,’’ after ‘‘the Marine Corps,’’; and sumes the duties of such position; or (2)’’ and inserting ‘‘Deputy Director of the Cen- (2) in subparagraph (K), by striking ‘‘The ele- tral Intelligence Agency’’. (2) the date of the cessation of the perform- ments’’ and all that follows through ‘‘the Coast ance of the duties of such position by the indi- (2) TABLE OF CONTENTS.—The table of con- Guard’’ and inserting ‘‘The Office of Intel- tents in the first section of the National Security vidual performing such duties as of the date of ligence and Analysis of the Department of the enactment of this Act. Act of 1947 (50 U.S.C. 401 note) is amended by Homeland Security’’. inserting after the item relating to section 104A SEC. 425. ASSOCIATE DIRECTOR OF THE NA- the following new item: SEC. 422. CLARIFICATION OF INCLUSION OF TIONAL SECURITY AGENCY FOR DRUG ENFORCEMENT ADMINISTRA- COMPLIANCE AND TRAINING. ‘‘Sec. 104B. Deputy Director of the Central In- TION AS AN ELEMENT OF THE INTEL- The National Security Agency Act of 1959 (50 telligence Agency.’’. LIGENCE COMMUNITY. U.S.C. 402 note), as amended by section 424 of (c) APPLICABILITY.—The amendments made by Section 3(4)(H) of the National Security Act of this Act, is further amended by inserting after this section shall apply on the earlier of— 1947 (50 U.S.C. 401a(4)(H)), as amended by sec- section 2 (as added by such section 424) the fol- (1) the date of the appointment by the Presi- tion 421 of this Act, is further amended by in- lowing new section: dent of an individual to serve as Deputy Direc- serting ‘‘the Drug Enforcement Administra- ‘‘SEC. 3. (a) There is an Associate Director of tor of the Central Intelligence Agency, except tion,’’ after ‘‘the Federal Bureau of Investiga- the National Security Agency for Compliance that the individual administratively performing tion,’’. and Training, who shall be appointed by the Di- the duties of the Deputy Director of the Central SEC. 423. REPEAL OF CERTAIN AUTHORITIES RE- rector of the National Security Agency. Intelligence Agency as of the date of the enact- LATING TO THE OFFICE OF THE NA- ‘‘(b) The Associate Director of the National ment of this Act may continue to perform such TIONAL COUNTERINTELLIGENCE EX- Security Agency for Compliance and Training duties until the individual appointed to the po- ECUTIVE. shall ensure that— sition of Deputy Director of the Central Intel- (a) REPEAL OF CERTAIN AUTHORITIES.—Sec- ‘‘(1) all programs and activities of the Na- ligence Agency assumes the duties of such position 904 of the Counterintelligence Enhancement tional Security Agency are conducted in a man- tion; or Act of 2002 (title IX of Public Law 107–306; 50 ner consistent with all applicable laws, regula- (2) the date of the cessation of the perform- U.S.C. 402c) is amended— tions, and policies; and ance of the duties of the Deputy Director of the (1) by striking subsections (d), (h), (i), and (j); ‘‘(2) the training of relevant personnel is suffi- Central Intelligence Agency by the individual and cient to ensure that such programs and activi- administratively performing such duties as of (2) by redesignating subsections (e), (f), (g), ties are conducted in such a manner.’’. the date of the enactment of this Act. (k), (l), and (m) as subsections (d), (e), (f), (g), SEC. 426. GENERAL COUNSEL OF THE NATIONAL (h), and (i), respectively; and SECURITY AGENCY. SEC. 415. PROTECTION AGAINST REPRISALS. (3) in subsection (f), as redesignated by para- (a) GENERAL COUNSEL.—The National Secu- Section 17(e)(3)(B) of the Central Intelligence graph (2) of this subsection, by striking para- rity Agency Act of 1959 (50 U.S.C. 402 note), as Agency Act of 1949 (50 U.S.C. 403q(e)(3)(B)) is graphs (3) and (4). amended by section 425 of this Act, is further amended by inserting ‘‘or providing such infor- (b) CONFORMING AMENDMENTS.—Such section amended by inserting after section 3 (as added mation’’ after ‘‘making such complaint’’. 904 is further amended— by such section 425), the following new section: SEC. 416. REQUIREMENT FOR VIDEO RECORDING (1) in subsection (d), as redesignated by sub- ‘‘SEC. 4. (a) There is a General Counsel of the OF INTERROGATIONS OF PERSONS section (a)(2) of this section— National Security Agency, who shall be ap- IN THE CUSTODY OF THE CENTRAL (A) in paragraph (1), by striking ‘‘subsection pointed by the President, by and with the ad- INTELLIGENCE AGENCY. (f)’’ and inserting ‘‘subsection (e)’’; and vice and consent of the Senate. (a) IN GENERAL.—The Central Intelligence (B) in paragraph (2), by striking ‘‘subsection ‘‘(b) The General Counsel of the National Se- Agency Act of 1949 (50 U.S.C. 403a et seq.), as (f)’’ and inserting ‘‘subsection (e)’’; and curity Agency shall serve as the chief legal offi- amended by section 412 of this Act, is further (2) in subsection (e), as so redesignated— cer of the National Security Agency.’’. amended by adding at the end the following (A) in paragraph (1), by striking ‘‘subsection (b) EFFECTIVE DATE.—The amendment made new section: (e)(1)’’ and inserting ‘‘subsection (d)(1)’’; and by subsection (a) shall take effect on the date ‘‘REQUIREMENT FOR VIDEO RECORDING OF INTER- (B) in paragraph (2), by striking ‘‘subsection that is 180 days after the date on which the Di- ROGATIONS OF PERSONS IN THE CUSTODY OF (e)(2)’’ and inserting ‘‘subsection (d)(2)’’. rector of the National Security Agency is ap- THE CENTRAL INTELLIGENCE AGENCY SEC. 424. CONFIRMATION OF APPOINTMENT OF pointed by the President and confirmed by the ‘‘SEC. 25. (a) IN GENERAL.—Except as provided HEADS OF CERTAIN COMPONENTS Senate in accordance with section 2 of the Na- in subsection (b), the Director of the Central In- OF THE INTELLIGENCE COMMUNITY. tional Security Agency Act of 1959, as added by telligence Agency shall establish guidelines to (a) DIRECTOR OF NATIONAL SECURITY AGEN- section 424 of this Act. ensure that each interrogation of a person who CY.—The National Security Agency Act of 1959 SEC. 427. INSPECTOR GENERAL OF THE NA- is in the custody of the Central Intelligence (50 U.S.C. 402 note) is amended by inserting TIONAL SECURITY AGENCY. Agency is recorded in video form and that the after the first section the following new section: Section 12 of the Inspector General Act of 1978 video recording of such interrogation is main- ‘‘SEC. 2. (a) There is a Director of the Na- (5 U.S.C. App.) is amended— tained— tional Security Agency. (1) in paragraph (1), by inserting ‘‘the Na- ‘‘(1) for not less than 10 years from the date ‘‘(b) The Director of the National Security tional Security Agency;’’ after ‘‘the Federal on which such recording is made; and Agency shall be appointed by the President, by Emergency Management Agency,’’; and (2) in paragraph (2), by inserting ‘‘the Na- ‘‘(2) until such time as such recording is no and with the advice and consent of the Senate. tional Security Agency,’’ after ‘‘the National longer relevant to an ongoing or anticipated ‘‘(c) The Director of the National Security Aeronautics and Space Administration,’’. legal proceeding or investigation or required to Agency shall be the head of the National Secu- be maintained under any other provision of law. rity Agency and shall discharge such functions SEC. 428. CHARTER FOR THE NATIONAL RECON- NAISSANCE OFFICE. ‘‘(b) EXCEPTION.—The requirement to record and duties as are provided by this Act or other- Not later than 90 days after the date of the an interrogation in video form under subsection wise by law.’’. enactment of this Act, the Director of National (a) shall not apply with respect to an interroga- (b) DIRECTOR OF NATIONAL RECONNAISSANCE Intelligence and the Secretary of Defense shall tion incident to arrest conducted by Agency per- OFFICE.—The Director of the National Recon- jointly submit to the congressional intelligence sonnel designated by the Director under section naissance Office shall be appointed by the committees and the congressional defense com- 15(a) that are assigned to the headquarters of President, by and with the advice and consent mittees (as defined in section 101(a)(16) of title the Central Intelligence Agency and acting in of the Senate. 10, United States Code) a revised charter for the the official capacity of such personnel. (c) CONFORMING AMENDMENT.—Section National Reconnaissance Office (in this section ‘‘(c) INTERROGATION DEFINED.—In this sec- 106(b)(2) of the National Security Act of 1947 (50 referred to as the ‘‘NRO’’). The charter shall in- tion, the term ‘interrogation’ means the system- U.S.C. 403–6(b)(2)) is amended— clude the following: atic process of attempting to obtain information (1) by striking subparagraphs (A) and (B); (1) The organizational and governance struc- from an uncooperative detainee.’’. (2) by redesignating subparagraphs (C) ture of the NRO. (b) SUBMISSION OF GUIDELINES.—Not later through (I) as subparagraphs (A) through (G), (2) NRO participation in the development and than 90 days after the date of the enactment of respectively; and generation of requirements and acquisition. this Act, the Director of the Central Intelligence (3) by moving subparagraph (G), as redesig- (3) The scope of NRO capabilities. Agency shall submit to the congressional intel- nated by paragraph (2) of this subsection, two (4) The roles and responsibilities of the NRO ligence committees the guidelines developed ems to the left. and the relationship of the NRO to other ele- under section 25(a) of the Central Intelligence (d) EFFECTIVE DATE AND APPLICABILITY.—The ments of the intelligence community and the de- Agency Act of 1949, as added by subsection (a) amendment made by subsection (a) and the pro- fense community.

VerDate Nov 24 2008 03:28 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00038 Fmt 4634 Sfmt 6333 E:\CR\FM\A25FE7.009 H25FEPT1 dcolon on DSK2BSOYB1PROD with HOUSE February 25, 2010 CONGRESSIONAL RECORD — HOUSE H873 TITLE V—OTHER MATTERS tion’’ and inserting ‘‘national security informa- ‘‘General Counsel of the Office of the Director Subtitle A—General Intelligence Matters tion’’. of National Intelligence.’’. SEC. 501. EXTENSION OF NATIONAL COMMISSION SEC. 503. CLASSIFICATION REVIEW OF EXECU- SEC. 514. TECHNICAL AMENDMENTS TO THE FOR- FOR THE REVIEW OF THE RESEARCH TIVE BRANCH MATERIALS IN THE EIGN INTELLIGENCE SURVEILLANCE AND DEVELOPMENT PROGRAMS OF POSSESSION OF THE CONGRES- ACT OF 1978. THE UNITED STATES INTELLIGENCE SIONAL INTELLIGENCE COMMIT- The Foreign Intelligence Surveillance Act of COMMUNITY. TEES. 1978 (50 U.S.C. 1801 et seq.) is amended— (a) EXTENSION.— The Director of National Intelligence shall, in (1) in section 101— (1) IN GENERAL.—Subsection (a) of section 1007 accordance with procedures established by each (A) in subsection (a), by moving paragraph (7) of the Intelligence Authorization Act for Fiscal of the congressional intelligence committees, two ems to the right; and Year 2003 (Public Law 107–306; 116 Stat. 2442) is conduct a classification review of materials in (B) by moving subsections (b) through (p) two amended by striking ‘‘September 1, 2004’’ and the possession of each of those committees ems to the right; inserting ‘‘February 1, 2011’’. that— (2) in section 103, by redesignating subsection (i) as subsection (h); (2) EFFECTIVE DATE.—Subject to paragraph (1) are not less than 25 years old; and (3) in section 109(a)— (3), the amendment made by paragraph (1) shall (2) were created, or provided to that com- (A) in paragraph (1), by striking ‘‘section take effect as if included in the enactment of mittee, by the executive branch. SEC. 504. PROHIBITION ON USE OF FUNDS TO 112.;’’ and inserting ‘‘section 112;’’; and such section 1007. (B) in paragraph (2), by striking the second (3) COMMISSION MEMBERSHIP.— PROVIDE MIRANDA WARNINGS TO CERTAIN PERSONS OUTSIDE OF THE period; (A) IN GENERAL.—The membership of the Na- UNITED STATES. (4) in section 301(1), by striking ‘‘ ‘United tional Commission for the Review of the Re- None of the funds authorized to be appro- States’ ’’ and all that follows through ‘‘and search and Development Programs of the United priated by this Act may be used to provide the ‘State’ ’’ and inserting ‘‘ ‘United States’, ‘per- States Intelligence Community established under warnings of constitutional rights described in son’, ‘weapon of mass destruction’, and subsection (a) of section 1002 of such Act (Public Miranda v. Arizona, 384 U.S. 436 (U.S. 1966), to ‘State’ ’’; Law 107–306; 116 Stat. 2438) (referred to in this a person located outside of the United States (5) in section 304(b), by striking ‘‘subsection section as the ‘‘Commission’’) shall be consid- who is not a United States person and is— (a)(3)’’ and inserting ‘‘subsection (a)(2)’’; and ered vacant and new members shall be ap- (1) suspected of terrorism, associated with ter- (6) in section 502(a), by striking ‘‘a annual’’ pointed in accordance with such section 1002, as rorists, or believed to have knowledge of terror- and inserting ‘‘an annual’’. amended by subparagraph (B). ists; or SEC. 515. TECHNICAL AMENDMENTS TO SECTION (B) TECHNICAL AMENDMENT.—Paragraph (1) (2) a detainee in the custody of the Armed 105 OF THE INTELLIGENCE AUTHOR- of section 1002(b) of such Act is amended by Forces of the United States. IZATION ACT FOR FISCAL YEAR 2004. striking ‘‘The Deputy Director of Central Intel- Section 105(b) of the Intelligence Authoriza- ligence for Community Management.’’ and in- Subtitle B—Technical Amendments tion Act for Fiscal Year 2004 (Public Law 108– serting ‘‘The Principal Deputy Director of Na- SEC. 511. TECHNICAL AMENDMENTS TO THE CEN- 177; 117 Stat. 2603; 31 U.S.C. 311 note) is amend- tional Intelligence.’’. TRAL INTELLIGENCE AGENCY ACT ed— (4) CLARIFICATION OF DUTIES.—Section 1002(i) OF 1949. (1) by striking ‘‘Director of Central Intel- of such Act is amended in the matter preceding The Central Intelligence Agency Act of 1949 ligence’’ and inserting ‘‘Director of National In- paragraph (1) by striking ‘‘including—’’ and in- (50 U.S.C. 403a et seq.) is amended— telligence’’; and serting ‘‘including advanced research and devel- (1) in section 5(a)(1), by striking ‘‘authorized (2) by inserting ‘‘or in section 313 of such opment programs and activities. Such review under paragraphs (2) and (3)’’ and all that fol- title,’’ after ‘‘subsection (a)),’’. shall include—’’. lows through ‘‘(50 U.S.C. 403(a)(2), (3), 403– SEC. 516. TECHNICAL AMENDMENTS TO THE IN- (b) FUNDING.— 3(c)(7), (d), 403–4(a), (g), and 405)’’ and insert- TELLIGENCE REFORM AND TER- (1) IN GENERAL.—Of the amounts authorized ing ‘‘authorized under section 104A of the Na- RORISM PREVENTION ACT OF 2004. to be appropriated by this Act for the Intel- tional Security Act of 1947 (50 U.S.C. 403–4a)’’; The Intelligence Reform and Terrorism Pre- ligence Community Management Account, the and vention Act of 2004 (Public Law 108–458; 118 Director of National Intelligence shall make (2) in section 17(d)(3)(B)— Stat. 3638) is amended— $2,000,000 available to the Commission to carry (A) in clause (i), by striking ‘‘advise’’ and in- (1) in section 1016(e)(10)(B) (6 U.S.C. out title X of the Intelligence Authorization Act serting ‘‘advice’’; and 485(e)(10)(B)), by striking ‘‘Attorney General’’ for Fiscal Year 2003 (Public Law 107–306; 116 (B) in clause (ii)— the second place it appears and inserting ‘‘De- Stat. 2437). (i) in subclause (I), by striking ‘‘Executive Di- partment of Justice’’; (2) AVAILABILITY.—Amounts made available rector’’ and inserting ‘‘Associate Deputy Direc- (2) in section 2001 (28 U.S.C. 532 note)— to the Commission pursuant to paragraph (1) tor’’; (A) in subsection (c)(1)— shall remain available until expended. (ii) in subclause (II), by striking ‘‘Deputy Di- (i) by striking ‘‘shall,’’ and inserting ‘‘shall’’; rector for Operations’’ and inserting ‘‘Director and SEC. 502. EXPANSION AND CLARIFICATION OF (ii) by inserting ‘‘of’’ before ‘‘an institutional THE DUTIES OF THE PROGRAM MAN- of the National Clandestine Service’’; AGER FOR THE INFORMATION SHAR- (iii) in subclause (III), by striking ‘‘Deputy culture’’; ING ENVIRONMENT. Director for Intelligence’’ and inserting ‘‘Direc- (B) in subsection (e)(2), by striking ‘‘the Na- Section 1016 of the Intelligence Reform and tor of Intelligence’’; tional Intelligence Director in a manner con- Terrorism Prevention Act of 2004 (6 U.S.C. 485) (iv) in subclause (IV), by striking ‘‘Deputy Di- sistent with section 112(e)’’ and inserting ‘‘the is amended— rector for Administration’’ and inserting ‘‘Direc- Director of National Intelligence in a manner (1) in subsection (a)— tor of Support’’; and consistent with applicable law’’; and (A) in paragraph (3), by striking ‘‘terrorism (v) in subclause (V), by striking ‘‘Deputy Di- (C) in subsection (f) in the matter preceding and homeland security information’’ and insert- rector for Science and Technology’’ and insert- paragraph (1), by striking ‘‘shall,’’ and inserting ‘‘national security information’’; ing ‘‘Director of Science and Technology’’. ing ‘‘shall’’; and (B) by redesignating paragraphs (4), (5), and (3) in section 2006 (28 U.S.C. 509 note)— SEC. 512. TECHNICAL AMENDMENT TO MANDA- (A) in paragraph (2), by striking ‘‘the Fed- (6) as paragraphs (5), (6), and (7), respectively; TORY RETIREMENT PROVISION OF eral’’ and inserting ‘‘Federal’’; and and CENTRAL INTELLIGENCE AGENCY (B) in paragraph (3), by striking ‘‘the spe- (C) by inserting after paragraph (3) the fol- RETIREMENT ACT. cific’’ and inserting ‘‘specific’’. lowing new paragraph: Section 235(b)(1)(A) of the Central Intelligence SEC. 517. TECHNICAL AMENDMENTS RELATING ‘‘(4) NATIONAL SECURITY INFORMATION.—The Agency Retirement Act (50 U.S.C. 2055(b)(1)(A)) is amended to read as follows: TO THE MULTIYEAR NATIONAL IN- term ‘national security information’ includes TELLIGENCE PROGRAM. ‘‘(A) Upon reaching age 65, in the case of a homeland security information and terrorism in- Section 1403 of the National Defense Author- participant in the system who is at the Senior formation.’’; ization Act for Fiscal Year 1991 (50 U.S.C. 404b) Intelligence Service rank of level 4 or above; (2) in subsection (b)— is amended— and’’. (A) in paragraph (1)(A), by striking ‘‘ter- (1) in the heading, by striking ‘‘FOREIGN’’; rorism information’’ and inserting ‘‘national se- SEC. 513. TECHNICAL AMENDMENTS TO THE EX- (2) in subsection (a)— curity information’’; and ECUTIVE SCHEDULE. (A) in the heading, by striking ‘‘FOREIGN’’; (B) in paragraph (2) in the first sentence of (a) EXECUTIVE SCHEDULE LEVEL II.—Section (B) by striking ‘‘foreign’’ each place it ap- the matter preceding subparagraph (A), by 5313 of title 5, United States Code, is amended pears; and striking ‘‘terrorism information’’ and inserting by striking the item relating to the Director of (C) by striking ‘‘Director of Central Intel- ‘‘national security information’’; and Central Intelligence and inserting the following ligence’’ and inserting ‘‘Director of National In- (3) in subsection (f)(1)— new item: telligence’’; (A) in the second sentence, by inserting ‘‘in ‘‘Director of the Central Intelligence Agen- (3) in subsection (b), by striking ‘‘The Direc- the Executive Office of the President and shall cy.’’. tor’’ and inserting ‘‘The Director of National In- serve’’ after ‘‘The individual designated as the (b) EXECUTIVE SCHEDULE LEVEL IV.—Section telligence’’; and program manager shall serve’’; and 5315 of title 5, United States Code is amended by (4) in subsection (c)— (B) in the third sentence, by striking ‘‘home- striking the item relating to the General Counsel (A) by striking ‘‘Director of Central Intel- land security information, terrorism informa- of the Office of the National Intelligence Direc- ligence’’ and inserting ‘‘Director of National In- tion, and weapons of mass destruction informa- tor and inserting the following new item: telligence’’; and

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(B) by striking ‘‘section 114a’’ and inserting AMENDMENT NO. 1 OFFERED BY MR. REYES ‘‘(A) takes places outside the geographical ‘‘section 221’’. The Acting CHAIR. It is now in order boundaries of the United States; SEC. 518. TECHNICAL AMENDMENTS TO THE NA- to consider amendment No. 1 printed in ‘‘(B) focuses on areas of the world that are TIONAL SECURITY ACT OF 1947. House Report 111–419. critical to the national security interests of The National Security Act of 1947 (50 U.S.C. Mr. REYES. Madam Chair, I have an the United States and are generally underrepresented in study abroad programs at in- 401 et seq.) is further amended— amendment at the desk. (1) section 3(4)(L), by striking ‘‘other’’ the sec- stitutions of higher education, including Af- ond place it appears; The Acting CHAIR. The Clerk will rica, Asia, Central and Eastern Europe, Eur- (2) in section 102A— designate the amendment. asia, Latin American, and the Middle East; (A) in subsection (c)(3)(A), by striking ‘‘an- The text of the amendment is as fol- and nual budgets for the Joint Military Intelligence lows: ‘‘(C) is a credit or noncredit program.’’. Program and for Tactical Intelligence and Re- Amendment No. 1 offered by Mr. REYES: Page 30, strike lines 10 through 12. lated Activities’’ and inserting ‘‘annual budget Page 9, line 21, strike ‘‘$672,812,000’’ and in- Page 30, line 13, strike ‘‘(C)’’ and insert for the Military Intelligence Program or any sert ‘‘$643,252,000’’. ‘‘(B)’’. successor program’’; Page 23, line 14, strike ‘‘a grant program’’ Page 30, line 16, strike ‘‘(D)’’ and insert (B) in subsection (d)— and insert ‘‘grant programs’’. ‘‘(C)’’. (i) in paragraph (1)(B), by striking ‘‘Joint Page 23, line 15, strike ‘‘subsection (b)’’ and Page 30, line 19, strike ‘‘(E)’’ and insert Military Intelligence Program’’ and inserting insert ‘‘subsections (b) and (c)’’. ‘‘(D)’’. ‘‘Military Intelligence Program or any successor Page 24, after line 10, insert the following: Page 31, line 1, strike ‘‘any information’’ program’’; ‘‘(c) GRANT PROGRAM FOR HISTORICALLY and all that follows through ‘‘dissenting (ii) in paragraph (3) in the matter preceding BLACK COLLEGES AND UNIVERSITIES.—(1) The legal views’’ and insert ‘‘the legal authority subparagraph (A), by striking ‘‘subparagraph Director of National Intelligence may pro- under which the intelligence activity is (A)’’ and inserting ‘‘paragraph (1)(A)’’; and vide grants to historically black colleges and being or was conducted’’. (iii) in paragraph (5)— universities to provide programs of study in Page 31, line 11, strike ‘‘any information’’ (I) in subparagraph (A), by striking ‘‘or per- educational disciplines identified under sub- and all that follows through ‘‘legal views’’ sonnel’’ in the matter preceding clause (i); and section (a)(2) or described in paragraph (2). and insert ‘‘the legal authority under which (II) in subparagraph (B), by striking ‘‘or ‘‘(2) A grant provided under paragraph (1) the covert action is being or was conducted’’. agency involved’’ in the second sentence and in- may be used to provide programs of study in Page 31, strike line 18 and all that follows serting ‘‘involved or the Director of the Central the following educational disciplines: through line 8 on page 32 and insert the fol- Intelligence Agency (in the case of the Central ‘‘(A) Foreign languages, including Middle lowing: Intelligence Agency)’’; Eastern and South Asian dialects. (2) in subsection (c)— (C) in subsection (l)(2)(B), by striking ‘‘sec- ‘‘(B) Computer science. (A) in paragraph (1), by inserting ‘‘in writ- tion’’ and inserting ‘‘paragraph’’; and ‘‘(C) Analytical courses. ing’’ after ‘‘be reported’’; (D) in subsection (n), by inserting ‘‘AND ‘‘(D) Cryptography. (B) in paragraph (2), by striking ‘‘If the OTHER’’ after ‘‘ACQUISITION’’; ‘‘(E) Study abroad programs.’’. President’’ and inserting ‘‘Subject to para- (3) in section 103(b), by striking ‘‘, the Na- Page 24, line 11, strike ‘‘(3) An’’ and insert graph (5), if the President’’; and tional Security Act of 1947 (50 U.S.C. 401 et ‘‘(d) APPLICATION.—An’’. (C) by adding at the end the following new Page 24, line 15, strike ‘‘(4) An’’ and insert seq.),’’; paragraph: ‘‘(e) REPORTS.—An’’. (4) in section 104A(g)(1) in the matter pre- ‘‘(5)(A) The President may only limit ac- Page 25, line 1, strike ‘‘(c)’’ and insert ceding subparagraph (A), by striking ‘‘Direc- cess to a finding in accordance with this sub- ‘‘(f)’’. torate of Operations’’ and inserting ‘‘National section or a notification in accordance with Page 25, line 4, strike ‘‘(d)’’ and insert subsection (d)(1) if the President submits to Clandestine Service’’; ‘‘(g)’’. (5) in section 119(c)(2)(B) (50 U.S.C. the Members of Congress specified in para- Page 25, line 10, strike the quotation mark graph (2) a certification that it is essential 404o(c)(2)(B)), by striking ‘‘subsection (h)’’ and and the second period. inserting ‘‘subsection (i)’’; to limit access to such finding or such notifi- Page 25, after line 10, insert the following: cation to meet extraordinary circumstances (6) in section 701(b)(1), by striking ‘‘Direc- ‘‘(3) ANALYTICAL COURSES.—The term ‘ana- torate of Operations’’ and inserting ‘‘National affecting vital interests of the United States. lytical courses’ mean programs of study in- ‘‘(B) Not later than 180 days after a certifi- Clandestine Service’’; volving— (7) in section 705(e)(2)(D)(i) (50 U.S.C. cation is submitted in accordance with sub- ‘‘(A) analytic methodologies, including ad- paragraph (A) or this subparagraph, the Di- 432c(e)(2)(D)(i)), by striking ‘‘responsible’’ and vanced statistical, polling, econometric, inserting ‘‘responsive’’; and rector of National Intelligence shall— mathematical, or geospatial modeling meth- ‘‘(i) provide access to the finding or notifi- (8) in the table of contents in the first sec- odologies; tion— cation that is the subject of such certifi- ‘‘(B) analysis of counterterrorism, crime, cation to all members of the congressional (A) by striking the item relating to section and counternarcotics; 1002; and intelligence committees; or ‘‘(C) economic analysis that includes ana- ‘‘(ii) submit to the Members of Congress (B) by inserting after the item relating to sec- lyzing and interpreting economic trends and tion 1001 the following new item: specified in paragraph (2) a certification that developments; it is essential to limit access to such finding ‘‘Sec. 1002. Framework for cross-disciplinary ‘‘(D) medical and health analysis, includ- or such notification to meet extraordinary education and training.’’. ing the assessment and analysis of global circumstances affecting vital interests of the SEC. 519. TECHNICAL AMENDMENTS TO TITLE 10, health issues, trends, and disease outbreaks; United States.’’; UNITED STATES CODE. ‘‘(E) political analysis, including political, Page 32, strike lines 12 through 15 and in- Section 528(c) of title 10, United States Code, social, cultural, and historical analysis to insert the following: is amended— terpret foreign political systems and devel- (B) in paragraph (1), as designated by sub- (1) in the heading, by striking ‘‘ASSOCIATE DI- opments; or paragraph (A) of this paragraph, by inserting RECTOR OF CIA FOR MILITARY AFFAIRS’’ and in- ‘‘(F) psychology, psychiatry, or sociology ‘‘in writing’’ after ‘‘notified’’; and serting ‘‘ASSOCIATE DIRECTOR OF MILITARY AF- courses that assess the psychological and so- Page 33, line 13, insert ‘‘or to the limiting FAIRS, CIA’’; and cial factors that influence world events. of access to such finding or such notice’’ (2) by striking ‘‘Associate Director of the Cen- ‘‘(4) COMPUTER SCIENCE.—The term ‘com- after ‘‘notice’’. tral Intelligence Agency for Military Affairs’’ puter science’ means a program of study in Page 33, line 13, strike ‘‘48 hours’’ and in- and inserting ‘‘Associate Director of Military computer systems, computer science, com- sert ‘‘seven days’’. Affairs, Central Intelligence Agency, or any puter engineering, or hardware and software Page 33, line 22, strike ‘‘on the content of’’ successor position’’. analysis, integration, and maintenance. and insert ‘‘regarding’’. The Acting CHAIR. No amendment ‘‘(5) CRYPTOGRAPHY.—The term ‘cryptog- Page 34, strike lines 14 through 20. raphy’ means a program of study on the con- to the committee amendment is in Strike section 334 (Page 41, line 8 and all version of data into a scrambled code that that follow through line 25 on page 44) and order except those printed in House Re- can be deciphered and sent across a public or insert the following new section: port 111–419. Each amendment may be private network, and the applications of SEC. 334. REPORT ON FOREIGN LANGUAGE PRO- offered only in the order printed in the such conversion of data. FICIENCY IN THE INTELLIGENCE report, by a Member designated in the ‘‘(6) HISTORICALLY BLACK COLLEGE AND UNI- COMMUNITY. report, shall be considered read, shall VERSITY.—The term ‘historically black col- Not later than one year after the date of be debatable for the time specified in lege and university’ means an institution of the enactment of this Act, and annually the report equally divided and con- higher education that is a part B institution, thereafter for four years, the Director of Na- as such term is defined in section 322 of the tional Intelligence shall submit to the controlled by the proponent and an oppo- Higher Education Act of 1965 (20 U.S.C. 1061). gressional intelligence committees and the nent, shall not be subject to amend- ‘‘(7) STUDY ABROAD PROGRAM.—The term Committees on Armed Services of the House ment, and shall not be subject to a de- ‘study abroad program’ means a program of of Representatives and the Senate a report mand for division of the question. study that— on the proficiency in foreign languages and,

VerDate Nov 24 2008 03:28 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\A25FE7.009 H25FEPT1 dcolon on DSK2BSOYB1PROD with HOUSE February 25, 2010 CONGRESSIONAL RECORD — HOUSE H875 as appropriate, in foreign dialects, of each the United States who have previously Page 62, line 22, strike ‘‘defective’’ and in- element of the intelligence community, in- worked as translators or interpreters for the sert ‘‘counterfeit, defective,’’. cluding— Armed Forces or another department or Page 62, line 23, insert ‘‘or services that (1) the number of positions authorized for agency of the Federal Government in Iraq or may be managed, controlled, or manipulated such element that require foreign language Afghanistan to meet the critical language by a foreign government or a criminal orga- proficiency and the level of proficiency re- needs of such element. nization’’ after ‘‘organization’’. quired; Page 45, beginning on line 18, strike ‘‘one Page 63, beginning on line 5, strike ‘‘coun- (2) an estimate of the number of such posi- of the congressional intelligence commit- terfeit’’. tions that each element will require during tees’’ and insert ‘‘a committee of Congress Page 63, line 6, strike ‘‘defective’’ and in- the five-year period beginning on the date of with jurisdiction over such program or activ- sert ‘‘counterfeit, defective,’’. Page 63, line 8, insert ‘‘or services that the submission of the report; ity’’. may be managed, controlled, or manipulated (3) the number of positions authorized for Page 46, beginning on line 8, strike ‘‘the by a foreign government or a criminal orga- such element that require foreign language congressional intelligence committees’’ and proficiency that are filled by— nization’’ after ‘‘organization’’. insert ‘‘each committee of Congress with ju- Page 63, at the end of line 8 insert the fol- (A) military personnel; and risdiction over the program or activity that lowing: ‘‘Such review shall include an exam- (B) civilian personnel; is the subject of the analysis, evaluation, or ination of the threat posed by State-con- (4) the number of applicants for positions investigation for which the Director re- trolled and State-invested enterprises and in such element in the preceding fiscal year stricts access to information under such the extent to which the actions and activi- that indicated foreign language proficiency, paragraph’’. ties of such enterprises may be controlled, including the foreign language indicated and Page 46, line 13, strike ‘‘report’’ and insert coerced, or influenced by a foreign govern- the proficiency level; ‘‘statement’’. ment.’’. (5) the number of persons hired by such ele- Page 46, line 16, strike ‘‘report’’ and insert Strike section 353 (Page 67, line 20 and all ment with foreign language proficiency, in- ‘‘statement’’. that follows through line 25 on page 68). cluding the foreign language and proficiency Page 46, beginning on line 17, strike ‘‘the Page 69, beginning on line 5, strike ‘‘Fed- level; congressional intelligence committees any eral Bureau of Investigation’’ and insert (6) the number of personnel of such ele- comments on a report of which the Comp- ‘‘Federal Bureau of Investigation, in con- ment currently attending foreign language troller General has notice under paragraph sultation with the Secretary of State,’’. training, including the provider of such (3)’’ and insert ‘‘each committee of Congress Insert after section 354 (Page 69, after line training; to which the Director of National Intel- 15) the following new sections: (7) a description of the efforts of such ele- ligence submits a statement under paragraph SEC. 355. REPORT ON QUESTIONING AND DETEN- ment to recruit, hire, train, and retain per- (2) any comments on the statement’’. TION OF SUSPECTED TERRORISTS. sonnel that are proficient in a foreign lan- Page 46, line 21, strike the closing Not later than 180 days after the date of guage; quotation mark and the final period. the enactment of this Act, the Director of (8) an assessment of methods and models Page 46, after line 21, insert the following: National Intelligence, in consultation with for basic, advanced, and intensive foreign ‘‘(c) CONFIDENTIALITY.—(1) The Comptroller the Attorney General, shall submit to Con- language training; General shall maintain the same level of gress a report containing— (9) for each foreign language and, as appro- confidentiality for information made avail- (1) a description of the strategy of the Fed- priate, dialect of a foreign language— able for an analysis, evaluation, or investiga- eral Government for balancing the intel- (A) the number of positions of such ele- tion referred to in subsection (a) as is re- ligence collection needs of the United States ment that require proficiency in the foreign quired of the head of the element of the in- with the interest of the United States in language or dialect; telligence community from which such infor- prosecuting terrorist suspects; and (B) the number of personnel of such ele- mation is obtained. Officers and employees (2) a description of the policy of the Fed- ment that are serving in a position that re- of the Government Accountability Office are eral Government with respect to the ques- quires proficiency in the foreign language or subject to the same statutory penalties for tioning, detention, trial, transfer, release, or dialect to perform the primary duty of the unauthorized disclosure or use of such infor- other disposition of suspected terrorists. position; mation as officers or employees of the ele- SEC. 356. REPORT ON DISSEMINATION OF (C) the number of personnel of such element of the intelligence community that COUNTERTERRORISM INFORMATION ment that are serving in a position that does provided the Comptroller General or officers TO LOCAL LAW ENFORCEMENT AGENCIES. not require proficiency in the foreign lan- and employees of the Government Account- guage or dialect to perform the primary duty Not later than 180 days after the date of ability Office with access to such informa- the enactment of this Act, the Director of of the position; tion. (D) the number of personnel of such ele- National Intelligence shall submit to Con- ‘‘(2) The Comptroller General shall estab- gress a report on the dissemination of crit- ment rated at each level of proficiency of the lish procedures to protect from unauthorized Interagency Language Roundtable; ical counterterrorism information from the disclosure all classified and other sensitive intelligence community to local law enforce- (E) whether the number of personnel at information furnished to the Comptroller each level of proficiency of the Interagency ment agencies, including recommendations General or any representative of the Comp- for improving the means of communication Language Roundtable meets the require- troller General for conducting an analysis, of such information to local law enforcement ments of such element; evaluation, or investigation referred to in agencies. (F) the number of personnel serving or subsection (a). hired to serve as linguists for such element SEC. 357. REPORT ON INTELLIGENCE CAPABILI- ‘‘(3) Before initiating an analysis, evalua- TIES OF STATE AND LOCAL LAW EN- that are not qualified as linguists under the tion, or investigation referred to in sub- FORCEMENT AGENCIES. standards of the Interagency Language section (a), the Comptroller General shall Not later than 180 days after the date of Roundtable; provide the Director of National Intelligence the enactment of this Act, the Director of (G) the number of personnel hired to serve and the head of each relevant element of the National Intelligence shall submit to Con- as linguists for such element during the pre- intelligence community with the name of gress a report on the intelligence capabili- ceding calendar year; each officer and employee of the Government ties of State and local law enforcement agen- (H) the number of personnel serving as lin- Accountability Office who has obtained ap- cies. Such report shall include— guists that discontinued serving such ele- propriate security clearance and to whom, (1) an assessment of the ability of State ment during the preceding calendar year; upon proper identification, records and infor- and local law enforcement agencies to ana- (I) the percentage of work requiring lin- mation of the element of the intelligence lyze and fuse intelligence community prod- guistic skills that is fulfilled by an ally of community shall be made available in con- ucts with locally gathered information; the United States; and ducting such analysis, evaluation, or inves- (2) a description of existing procedures of (J) the percentage of work requiring lin- tigation.’’. the intelligence community to share with guistic skills that is fulfilled by contractors; Page 48, line 15, strike ‘‘BIANNUAL’’ and in- State and local law enforcement agencies (10) an assessment of the foreign language sert ‘‘BIENNIAL’’. the tactics, techniques, and procedures for capacity and capabilities of the intelligence Page 48, line 19, strike ‘‘biannually’’ and intelligence collection, data management, community as a whole; insert ‘‘biennially’’. and analysis learned from global counter- (11) an identification of any critical gaps in Page 62, line 14, strike ‘‘NATIONAL INTEL- insurgency and counterterror operations; foreign language proficiency with respect to LIGENCE ESTIMATE’’ and insert ‘‘RE- (3) a description of current intelligence such element and recommendations for PORT’’. analysis training provided by elements of the eliminating such gaps; Page 62, beginning on line 18, strike ‘‘Na- intelligence community to State and local (12) recommendations for eliminating re- tional Intelligence Estimate or National In- law enforcement agencies; quired reports relating to foreign-language telligence Assessment’’ and insert ‘‘report’’. (4) an assessment of the need for a formal proficiency that the Director of National In- Page 62, strike line 20 and insert the fol- intelligence training center to teach State telligence considers outdated or no longer lowing: ‘‘supply chain and global provision of and local law enforcement agencies methods relevant; and services to determine whether such supply of intelligence collection and analysis; and (13) an assessment of the feasibility of em- chain and such services pose’’. (5) an assessment of the efficiently of co- ploying foreign nationals lawfully present in Page 62, line 21, strike ‘‘counterfeit’’. locating such an intelligence training center

VerDate Nov 24 2008 04:39 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\A25FE7.010 H25FEPT1 dcolon on DSK2BSOYB1PROD with HOUSE H876 CONGRESSIONAL RECORD — HOUSE February 25, 2010 with an existing intelligence community or the report required under subsection (a) is every 90 days thereafter until the President military intelligence training center. submitted, the Director of National Intel- submits the certification referred to in sub- SEC. 358. INSPECTOR GENERAL REPORT ON ligence shall review information referred to section (c), the President shall report to Con- OVER-CLASSIFICATION. in paragraph (1) or (2) of subsection (a) that gress on the status of the implementation of (a) REPORT.—Not later than 180 days after is classified to determine if any of such in- such plan and the progress towards the ob- the date of the enactment of this Act, the In- formation should be declassified. jectives of such plan. spector General of the Intelligence Commu- (c) FORM.—The report required under sub- (c) CERTIFICATION.—The President may nity shall submit to Congress a report con- section (a) shall be submitted in unclassified submit to Congress a certification that the taining an analysis of the problem of over- form, but may include a classified annex. objectives of the plan referred to in sub- classification of intelligence and ways to ad- (d) APPROPRIATE CONGRESSIONAL COMMIT- section (a) have been achieved. dress such over-classification, including an TEES DEFINED.—In this section, the term SEC. 364. REPORT ON MISSILE ARSENAL OF IRAN. analysis of the importance of protecting ‘‘appropriate congressional committees’’ Not later than 180 days after the date of sources and methods while providing law en- means the Permanent Select Committee on the enactment of this Act, the Director of forcement and the public with as much ac- Intelligence and the Committee on Appro- National Intelligence shall submit to the cess to information as possible. priations of the House of Representatives congressional intelligence committees a re- (b) FORM.—The report under subsection (a) and the Select Committee on Intelligence port assessing the threat posed by the mis- shall be submitted in unclassified form, but and the Committee on Appropriations of the sile arsenal of Iran to allies and interests of may include a classified annex. Senate. the United States in the Persian Gulf. SEC. 359. REPORT ON THREAT FROM DIRTY SEC. 361. REPORT ON NATIONAL SECURITY AGEN- BOMBS. SEC. 365. STUDY ON BEST PRACTICES OF FOR- CY STRATEGY TO PROTECT DEPART- Not later than 180 days after the date of EIGN GOVERNMENTS IN COMBATING MENT OF DEFENSE NETWORKS. VIOLENT DOMESTIC EXTREMISM. the enactment of this Act, the Director of Not later than 180 days after the date of (a) STUDY.—The Director of National Intel- National Intelligence, in consultation with the enactment of this Act, the Director of the Nuclear Regulatory Commission, shall ligence shall conduct a study on the best the National Security Agency shall submit submit to Congress a report summarizing in- practices of foreign governments (including to Congress a report on the strategy of the telligence related to the threat to the United the intelligence services of such govern- National Security Agency with respect to se- States from weapons that use radiological ments) to combat violent domestic extre- curing networks of the Department of De- materials, including highly dispersible sub- mism. fense within the intelligence community. stances such as cesium-137. (b) REPORT.—Not later than 180 days after SEC. 362. REPORT ON CREATION OF SPACE IN- the date of the enactment of this Act, the SEC. 360. REPORT ON ACTIVITIES OF THE INTEL- TELLIGENCE OFFICE. LIGENCE COMMUNITY IN ARGEN- Director of National Intelligence shall sub- TINA. Not later than one year after the date of mit to the congressional intelligence com- (a) IN GENERAL.—Not later than 270 days the enactment of this Act, the Director of mittees a report containing the results of after the date of the enactment of this Act, National Intelligence shall submit to Con- the study conducted under subsection (a). the Director of National Intelligence shall gress a report on the feasibility and advis- SEC. 366. REPORT ON INFORMATION SHARING submit to the appropriate congressional ability of creating a national space intel- PRACTICES OF JOINT TERRORISM committees a report containing the fol- ligence office to manage space-related intel- TASK FORCE. lowing: ligence assets and access to such assets. Not later than 180 days after the date of (1) A description of any information in the SEC. 363. PLAN TO SECURE NETWORKS OF THE the enactment of this Act, the Director of possession of the intelligence community INTELLIGENCE COMMUNITY. the Federal Bureau of Investigation shall with respect to the following events in the (a) PLAN.—Not later than 180 days after the submit to Congress a report on the best prac- Republic of Argentina: date of the enactment of this Act, the Presi- tices or impediments to information sharing (A) The accession to power by the military dent shall submit to Congress a plan to se- in the Federal Bureau of Investigation-New of the Republic of Argentina in 1976. cure the networks of the intelligence com- York Police Department Joint Terrorism (B) Violations of human rights committed munity. Such plan shall include strategies Task Force, including ways in which the by officers or agents of the Argentine mili- for— combining of Federal, State, and local law tary and security forces during counterinsur- (1) securing the networks of the intel- enforcement resources can result in the ef- gency or counterterror operations, including ligence community from unauthorized re- fective utilization of such resources. by the State Intelligence Secretariat mote access, intrusion, or insider tampering; SEC. 367. REPORT ON TECHNOLOGY TO ENABLE (Secretaria de Inteligencia del Estado), Mili- (2) recruiting, retaining, and training a INFORMATION SHARING. tary Intelligence Detachment 141 highly-qualified cybersecurity intelligence Not later than 180 days after the date of (Destacamento de Inteligencia Militar 141 in community workforce and include— the enactment of this Act, the Director of Cordoba), Military Intelligence Detachment (A) an assessment of the capabilities of National Intelligence shall submit to Con- 121 (Destacamento Militar 121 in Rosario), such workforce; gress and the President a report describing Army Intelligence Battalion 601, the Army (B) an examination of issues of recruiting, the improvements to information technology Reunion Center (Reunion Central del retention, and the professional development needed to enable elements of the Federal Ejercito), and the Army First Corps in Bue- of such workforce, including the possibility Government that are not part of the intel- nos Aires. of providing retention bonuses or other ligence community to better share informa- (C) Operation Condor and Argentina’s role forms of compensation; tion with elements of the intelligence com- in cross-border counterinsurgency or (C) an assessment of the benefits of out- munity. counterterror operations with Brazil, Bo- reach and training with both private indus- SEC. 368. REPORT ON THREATS TO ENERGY SE- livia, Chile, Paraguay, or Uruguay. try and academic institutions with respect CURITY OF THE UNITED STATES. (2) Information on abductions, torture, dis- to such workforce; and Not later than one year after the date of appearances, and executions by security (D) an assessment of the impact of the es- the enactment of this Act, the Director of forces and other forms of repression, includ- tablishment of the Department of Defense National Intelligence shall submit to Con- ing the fate of Argentine children born in Cyber Command on personnel and authori- gress a report in unclassified form describing captivity, that took place at detention cen- ties of the intelligence community; the future threats to describing the future ters, including the following: (3) making the intelligence community threats to the national security of the (A) The Argentine Navy Mechanical School workforce and the public aware of cybersecu- United States from continued and increased (Escuela Mecanica de la Armada). rity best practices and principles; dependence of the United States on oil (B) Automotores Orletti. (4) coordinating the intelligence commu- sources from foreign nations. (C) Operaciones Tacticas 18. nity response to a cybersecurity incident; Page 70, strike lines 1 through 7. (D) La Perla. (5) collaborating with industry and aca- Page 74, line 16, strike ‘‘includes’’ and in- (E) Campo de Mayo. demia to improve cybersecurity for critical sert ‘‘means’’. (F) Institutos Militares. infrastructure, the defense industrial base, Page 75, line 24, strike the closing (3) An appendix of declassified records re- and financial networks; quotation mark and the final period. viewed and used for the report submitted (6) addressing such other matters as the Page 75, after line 24, insert the following: under this subsection. President considers necessary to secure the ‘‘(D) TERRORIST SCREENING PURPOSE.—The (4) A descriptive index of information re- cyberinfrastructure of the intelligence com- term ‘terrorist screening purpose’ means— ferred to in paragraph (1) or (2) that is classi- munity; and ‘‘(i) the collection, analysis, dissemination, fied, including the identity of each document (7) reviewing procurement laws and classi- and use of terrorist identity information to that is classified, the reason for continuing fication issues to determine how to allow for determine threats to the national security of the classification of such document, and an greater information sharing on specific the United States from a terrorist or ter- explanation of how the release of the docu- cyber threats and attacks between private rorism; and ment would damage the national security in- industry and the intelligence community. ‘‘(ii) the use of such information for risk terests of the United States. (b) UPDATES.—Not later than 90 days after assessment, inspection, and credentialing.’’. (b) REVIEW OF CLASSIFIED DOCUMENTS.—Not the date on which the plan referred to in sub- Page 86, line 11, strike ‘‘the congressional later than two years after the date on which section (a) is submitted to Congress, and defense committees’’ and insert ‘‘Congress’’.

VerDate Nov 24 2008 03:28 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\A25FE7.010 H25FEPT1 dcolon on DSK2BSOYB1PROD with HOUSE February 25, 2010 CONGRESSIONAL RECORD — HOUSE H877

Page 87, line 17, strike ‘‘the’’. (3) by adding at the end the following new (b) FINDINGS.—The Congress finds the fol- At the end of subtitle E of title III (Page subsection: lowing: 88, after line 18), add the following new sec- ‘‘(h) COVERT ACTION DEFINED.—In this sec- (1) The United States is a world power and tion: tion, the term ‘covert action’ has the mean- an exemplar of the merits of due process and SEC. 369. SENSE OF CONGRESS ON MONITORING ing given the term in section 503(e) of the the rule of law. OF NORTHERN BORDER OF THE National Security Act of 1947 (50 U.S.C. (2) The use of torture and cruel, inhuman, UNITED STATES. 413b(e)).’’. and degrading treatment harms our service- (a) FINDING.—Congress finds that suspected Strike section 426 (Page 128, line 21 and all men and women because it removes their as- terrorists have attempted to enter the that follows through line 15 on page 129). surance that they are operating under a le- United States through the international land Strike section 427 (Page 129, lines 16 gally acceptable standard, brings discredit and maritime border of the United States through 25). upon the US and its forces, and may place and Canada. Strike section 502 (Page 133, line 1 and all US and allied personnel in enemy hands at a (b) SENSE OF CONGRESS.—It is the sense of that follow through line 10 on page 134). greater risk of abuse by their captors. Congress that— At the end of subtitle A of title V (Page (3) The use of torture and cruel, inhuman, (1) the intelligence community should de- 135, after line 12), add the following new sec- and degrading treatment gives propaganda vote sufficient resources, including techno- tion: and recruitment tools to those who wish to logical and human resources, to identifying SEC. 505. CYBERSECURITY TASK FORCE. do harm to the people of the United States. and thwarting potential threats at the inter- (a) ESTABLISHMENT.—There is established a (4) Torture and cruel, inhuman, and de- national land and maritime border of the cybersecurity task force (in this section re- grading treatment do not produce consist- United States and Canada; and ferred to as the ‘‘Task Force’’). ently reliable information or intelligence, (2) the intelligence community should (b) MEMBERSHIP.— and are not acceptable practices because work closely with the Government of Canada (1) IN GENERAL.—The Task Force shall con- their use runs counter to our identity and to identify and apprehend suspected terror- sist of the following members: values as a nation. ists before such terrorists enter the United (A) One member appointed by the Attorney (5) The moral standards that reflect the States. General. values of the United States governing appro- Page 96, line 14, insert after the period the (B) One member appointed by the Director priate tactics for interrogations do not following: ‘‘Nothing in this paragraph shall of the National Security Agency. change according to the dangers that we face prohibit a personnel action with respect to (C) One member appointed by the Director as a nation. the Inspector General otherwise authorized of National Intelligence. (6) Every effort must be made to ensure by law, other than transfer or removal.’’. (D) One member appointed by the White that the United States is a nation governed At the end of subtitle A of title IV (Page House Cybersecurity Coordinator. by the rule of law in every circumstance. 116, after line 6), add the following new sec- (E) One member appointed by the head of (7) Executive Order 13491 requires those in- tion: any other agency or department that is des- terrogating persons detained as a result of SEC. 407. DIRECTOR OF NATIONAL INTEL- ignated by the Attorney General to appoint armed conflicts to follow the standards set LIGENCE SUPPORT FOR REVIEWS OF a member to the Task Force. out in Army Field Manual FM 2–22.3. INTERNATIONAL TRAFFIC IN ARMS (2) CHAIR.—The member of the Task Force (8) The Congress should act in affirmation REGULATIONS AND EXPORT ADMIN- appointed pursuant to paragraph (1)(A) shall of its principles and the Executive Order ISTRATION REGULATIONS. serve as the Chair of the Task Force. 13491 by enacting standards for interroga- The Director of National Intelligence may (c) STUDY.—The Task Force shall conduct tions and providing criminal liability for provide support for any review conducted by a study of existing tools and provisions of those who do not adhere to the enacted a department or agency of the Federal Gov- law used by the intelligence community and standards. ernment of the International Traffic in Arms law enforcement agencies to protect the cy- (9) The courageous men and women who Regulations or Export Administration Regu- bersecurity of the United States. serve honorably as intelligence personnel lations, including a review of technologies (d) REPORT.— and as members of our nation’s Armed and goods on the United States Munitions (1) INITIAL.—Not later than one year after Forces deserve the full support of the United List and Commerce Control List that may the date of the enactment of this Act, the States Congress. The Congress shows true warrant controls that are different or addi- Task Force shall submit to Congress a report support, in part, by providing clear legisla- tional to the controls such technologies and containing guidelines or legislative rection relating to standards for interrogation goods are subject to at the time of such re- ommendations to improve the capabilities of techniques. view. the intelligence community and law enforce- (c) CRUEL, INHUMAN, OR DEGRADING TREAT- Strike section 411 (Page 116, line 9 and all ment agencies to protect the cybersecurity MENT PROHIBITED.—Part I of title 18, United that follows through line 2 on page 118) and of the United States. Such report shall in- States Code, is amended by inserting after insert the following new section: clude guidelines or legislative recommenda- chapter 26 the following: SEC. 411. REVIEW OF COVERT ACTION PRO- tions on— GRAMS BY INSPECTOR GENERAL OF (A) improving the ability of the intel- ‘‘CHAPTER 26A—CRUEL, INHUMAN, OR THE CENTRAL INTELLIGENCE AGEN- ligence community to detect hostile actions DEGRADING TREATMENT CY. and attribute attacks to specific parties; ‘‘531. Cruel, inhuman, or degrading treat- Section 17 of the Central Intelligence (B) the need for data retention requirement. Agency Act of 1949 (50 U.S.C. 403q) is amendments to assist the intelligence community ‘‘532. Definitions. ed— and law enforcement agencies; ‘‘533. Application. (1) in subsection (b)(4)— (C) improving the ability of the intel- ‘‘534. Exclusive remedies. (A) by striking ‘‘(4) If’’ and inserting ligence community to anticipate nontradi- ‘‘§ 531. Cruel, inhuman, or degrading treat- ‘‘(4)(A) If’’; and tional targets of foreign intelligence serv- ment (B) by adding at the end the following new ices; and ‘‘Any officer or employee of the intel- subparagraph: (D) the adequacy of existing criminal stat- ligence community who, in the course of or ‘‘(B) The Director may waive the require- utes to successfully deter cyber attacks, in- in anticipation of a covered interrogation, ment to submit the statement required cluding statutes criminalizing the facilita- knowingly commits, attempts to commit, or under subparagraph (A) within seven days of tion of criminal acts, the scope of laws for conspires to commit an act of cruel, inhu- prohibiting an audit, inspection, or inves- which a cyber crime constitutes a predicate man, or degrading treatment— tigation under paragraph (3) if such audit, offense, trespassing statutes, data breach no- ‘‘(1) if death results from that act to the inspection, or investigation is related to a tification requirements, and victim restitu- individual under interrogation, shall be fined covert action program. If the Director tion statutes. under this title or imprisoned for any term waives such requirement in accordance with (2) SUBSEQUENT.—Not later than one year of years or for life; this subparagraph, the Director shall submit after the date on which the initial report is ‘‘(2) if that act involves an act of medical the statement required under subparagraph submitted under paragraph (1), and annually malfeasance (as defined in section 1371), shall (A) as soon as practicable, along with an ex- thereafter for two years, the Task Force be fined under this title or imprisoned for planation of the reasons for delaying the shall submit to Congress an update of the re- not more than 20 years, or both; and submission of such statement.’’; port required under paragraph (1). ‘‘(3) in any other case, shall be fined under (2) in subsection (d)(1)— (e) TERMINATION.—The Task Force shall this title or imprisoned for not more than 15 (A) by redesignating subparagraphs (E) and terminate on the date that is 60 days after years, or both. (F) as subsections (F) and (G), respectively; the date on which the last update of a report and required under subsection (d)(2) is submitted. ‘‘§ 532. Definitions (B) by inserting after subparagraph (D) the SEC. 506. CRUEL, INHUMAN, AND DEGRADING ‘‘In this chapter: following new subparagraph: TREATMENT IN INTERROGATIONS ‘‘(1) The term ‘act of cruel, inhuman, or de- ‘‘(E) a list of the covert actions for which PROHIBITED. grading treatment’ means the cruel, un- the Inspector General has not completed an (a) SHORT TITLE.—This section may be usual, and inhuman treatment or punish- audit within the preceding three-year pe- cited as the ‘‘Cruel, Inhuman, and Degrading ment prohibited by the Fifth, Eighth, and riod;’’; and Interrogations Prohibition Act of 2010’’. Fourteenth Amendments to the Constitution

VerDate Nov 24 2008 03:28 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\A25FE7.010 H25FEPT1 dcolon on DSK2BSOYB1PROD with HOUSE H878 CONGRESSIONAL RECORD — HOUSE February 25, 2010 of the United States, as defined in the United ‘‘(2) any officer, employee, or contractor ‘‘(v) To participate in any way in the in- States Reservations, Declarations and Un- (including a subcontractor at any tier and fliction of any treatment or punishment re- derstandings to the United Nations Conven- any employee of that contractor or subcon- ferred to in clause (iv). tion Against Torture and Other Forms of tractor) of the Federal Government— ‘‘(vi) To participate in any procedure for Cruel, Inhuman or Degrading Treatment or ‘‘(A) who is not a US national; and restraining a covered interrogee unless such Punishment done at New York, December 10, ‘‘(B) while acting in that capacity. a procedure is determined, in accordance 1984, and includes but is not limited to the ‘‘§ 534. Exclusive remedies with purely medical criteria, as being nec- following: essary for the protection of the physical or ‘‘Nothing in this chapter shall be con- ‘‘(A) Any of the following acts, knowingly mental health of the covered interrogee or of strued as precluding the application of State committed against an individual: others, and presents no additional hazard to or local laws on the same subject, nor shall ‘‘(i) Forcing the individual to be naked, the covered interrogee’s physical or mental anything in this chapter be construed as cre- perform sexual acts, or pose in a sexual man- health.’’. ating any substantive or procedural right en- ner. (e) CLERICAL AMENDMENTS.—The table of ‘‘(ii) Beatings, electric shock, burns, or forceable by law by any party in any civil proceeding.’’. chapters at the beginning of part I of title 18, other forms of inflicting physical pain. United States Code, is amended— (d) MEDICAL MALFEASANCE.—Part I of title ‘‘(iii) Waterboarding. (1) by inserting, after the item relating to ‘‘(iv) Using military working dogs. 18, United States Code, is amended by inserting after chapter 65 the following: ‘‘Criminal street gangs’’ the following: ‘‘(v) Inducing hypothermia or heat injury. ‘‘26A. Cruel, inhuman, or degrading ‘‘(vi) Depriving the individual of necessary ‘‘CHAPTER 66—MEDICAL MALFEASANCE treatment ...... 531’’; food, water, sleep, or medical care. ‘‘1371. Medical malfeasance. and ‘‘(vii) Conducting mock executions of the ‘‘1372. Definitions. (2) by inserting, after the item relating to individual. ‘‘§ 1371. Medical malfeasance ‘‘Malicious mischief’’ the following: ‘‘(B) Any of the following acts, when committed with the intent to cause mental or ‘‘Any medical professional who, in the ‘‘66. Medical malfeasance ...... 1371’’. physical harm to an individual: course of or in anticipation of a covered in- The Acting CHAIR. Pursuant to terrogation (as defined in section 532(2)), ‘‘(i) Using force or the threat of force to House Resolution 1105, the gentleman compel an individual to maintain a stress po- knowingly commits, attempts to commit, or conspires to commit an act of medical mal- from Texas (Mr. REYES) and a Member sition. opposed each will control 10 minutes. ‘‘(ii) Exploiting phobias of the individual. feasance with the intent to enable an act of ‘‘(iii) Using force or the threat of force to cruel, inhuman, and degrading treatment The Chair recognizes the gentleman coerce an individual to desecrate the individ- shall be fined under this title or imprisoned from Texas. ual’s religious articles, or to blaspheme his not more than 5 years, or both. Mr. REYES. I yield myself such time or her religious beliefs, or to otherwise par- ‘‘§ 1372. Definitions as I may consume. ticipate in acts intended to violate the indi- ‘‘In this chapter: Madam Chair, the manager’s amend- vidual’s religious beliefs. ‘‘(1) The term ‘medical professional’ means ‘‘(iv) Making threats against any indi- ment includes a number of revisions to any individual who— H.R. 2701 along with a number of tech- vidual that, if carried out, would result in ‘‘(A) has received professional training, death or serious bodily injury (as defined in education, or knowledge in a health-related nical changes. I would like to highlight section 1365(4)) to that individual. field (including psychology) and who pro- several of these key provisions. ‘‘(v) Exposure to excessive cold, heat, or vides services in that field; and The manager’s amendment makes cramped confinement. ‘‘(B) is a contractor (including a subcon- significant changes to the underlying ‘‘(vi) Sensory deprivation or overload, in- tractor at any tier and any employee of that cluding the following: bill’s reforms to the process for noti- contractor or subcontractor), officer, or em- fying Congress on sensitive covert ac- ‘‘(I) Prolonged isolation. ployee of the intelligence community (as de- ‘‘(II) Placing hoods or sacks over the head fined in section 3(4) of the National Security tions. of the individual. Act of 1947 (50 U.S.C. 401a(4))). As my colleagues know, the National ‘‘(III) Applying duct tape over the eyes of ‘‘(2) The term ‘covered interrogee’ means Security Act requires that the Presi- the individual. an individual who is interrogated in a cov- dent inform Congress through the in- ‘‘(C) Any act that causes pain or suffering ered interrogation (as defined in section telligence committees about all signifi- to an individual equivalent to the acts de- 532(2) of this title). scribed in subparagraph (B) or (C). cant intelligence activities including ‘‘(3) The term ‘act of medical malfea- covert actions. ‘‘(2) The term ‘covered interrogation’ sance’— means an interrogation, including an inter- ‘‘(A) means the use by a medical profes- In very limited circumstances, it al- rogation conducted outside the United sional of his or her training, education, or lows the President to limit briefings on States, conducted— knowledge in a health-related field to cause certain highly sensitive covert actions ‘‘(A) in the course of the official duties of a significant adverse effect on the physical to the Gang of Eight—the leadership of an officer or employee of the Federal govern- or mental health of a covered interrogee; and the Intelligence Committees and the ment; and ‘‘(B) includes but is not limited to any of leadership of both Houses. ‘‘(B) under color of Federal law or author- the following contraventions of the prin- ity of Federal law. ciples of medical ethics with respect to a Over the past several months, we ‘‘(3) The term ‘intelligence community’ covered interrogee: have carefully considered the adminis- has the meaning given such term under sec- ‘‘(i) To be involved in any professional re- tration’s objections to the reforms that tion 3(4) of the National Security Act of 1947 lationship with a covered interrogee, the the committee included in the under- (50 U.S.C. 401a(4)). purpose of which is not solely to evaluate, lying bill. The manager’s amendment ‘‘(4) The term ‘interrogation’ means the protect, or improve the physical and mental is a product of that work. questioning of an individual for the purpose health of that covered interrogee. The bill, as amended, would require of gathering information for intelligence ‘‘(ii) To fail to protect the physical or men- purposes. tal health of a covered interrogee in the the President to maintain a record of ‘‘(5) The term ‘US national’ means any na- same way as a medical professional would all Gang of Eight briefings. It also re- tional of the United States as defined in sec- protect the physical or mental health of any quires that the full committee be noti- tion 101 of the Immigration and Nationality prisoner of war pursuant to Article 15 of the fied every time that a Gang of Eight Act. Convention Relative to the Treatment of briefing is conducted and be provided ‘‘(6) The term ‘United States’ means the Prisoners of War, done at Geneva, August 12, with general information regarding several States of the United States, the Dis- 1949 (6 UST 3316). that briefing. trict of Columbia, and the commonwealths, ‘‘(iii) To fail to treat any disease or condi- territories, and possessions of the United tion of the covered interrogee in the same In the event the President decides States. way as a medical professional would treat a that a briefing must be limited to the ‘‘(7) The term ‘waterboarding’ includes any disease or condition of any prisoner of war Gang of Eight, the manager’s amend- act in which an individual is immobilized on pursuant to Article 15 of the Convention Rel- ment also requires that he submit a the individual’s back with the individual’s ative to the Treatment of Prisoners of War, certification stating that extraor- head inclined downwards, while water is done at Geneva August 12, 1949 (6 UST 3316). dinary circumstances require the brief- poured over the individual’s face and breath- ‘‘(iv) To certify, or to participate in the ing to be limited. ing passages. certification of, the fitness of a covered ‘‘§ 533. Application interrogee for any form of treatment or pun- In the case of a limited briefing, the ‘‘Section 531 applies to any alleged of- ishment that may have a significant adverse DNI will have to reissue that certifi- fender who is— effect on the physical or mental health of cation every 180 days or open the brief- ‘‘(1) a US national; or the covered interrogee. ing to all members of the committee.

VerDate Nov 24 2008 04:39 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\A25FE7.010 H25FEPT1 dcolon on DSK2BSOYB1PROD with HOUSE February 25, 2010 CONGRESSIONAL RECORD — HOUSE H879 This reform is a substantial improve- Speaker of this House knew about it. This bill before us today funds crit- ment over the language we included in Yet this House is supporting those ef- ical intelligence activities that are previous authorization bills and which forts to perhaps go back and prosecute vital to our national security. Of par- some of my colleagues still support. this. Now we open up a whole new set ticular interest to me, it provides the This earlier language would have actu- of legal risk for our people in the intel- resources for the foundational capabili- ally expanded the President’s author- ligence community. I wish this thing ties of a comprehensive cybersecurity ity to conduct restricted briefings, just said, ‘‘Follow the rules,’’ but it strategy. going so far as to include all intel- doesn’t. It’s 11 pages of legalese, cre- As the recent cyberattacks against ligence activities, not just covert ac- ating all types of new and ambiguous Google and U.S. networks have dem- tions. It would also result in more re- rules for our people in the intelligence onstrated, our information infrastruc- stricted briefings and not fewer. community. ture is far more vulnerable than many I am interested in passing laws that Would someone please answer the realize. It is absolutely imperative that reform the notification process, not, as question: Why did we never have any the United States strengthen its some would say, in sending political hearings on this? Why no discussion? cyberdefenses to ensure government messages. Why no debate? Why does this amend- and commercial functions are pro- The manager’s amendment also in- ment define a criminal offense that tected and to improve our ability to at- cludes a number of provisions proposed only intelligence community personnel tribute attacks and hold aggressors ac- by my colleagues. These include an would be guilty of? This only applies to countable. The intelligence community amendment by Mr. BISHOP, which intelligence community personnel. An- has begun this work, and the President would require the DNI and the Attor- swer the question. has committed to developing a broad ney General to provide Congress with a The amendment would make it a strategy to secure U.S. information strategy on balancing intelligence col- crime for depriving the individual of networks. I applaud those efforts. lection needs with the interests of the necessary food, water, sleep, or medical In order to further foster United States in prosecuting terrorist care. How does the bill define ‘‘nec- cyberreadiness of our intelligence suspects. essary’’? How will we explain that to agencies, I offered an amendment re- The questioning and prosecution of the people in the intelligence commu- quiring the administration to submit terrorist suspects has been the subject nity? to Congress a plan for securing intel- of some controversy in recent weeks, The amendment would make it a ligence networks and determining and I believe that Congress could ben- crime to require someone to partici- whether we have the workforce we need efit from understanding how the ad- pate in acts intended to violate the in- to secure this vital part of cyberspace ministration plans to handle such cases dividual’s religious beliefs. Is there any as well as the ability to recruit and rein the future. objective standard to define that term tain the best and brightest in this field. A second provision included in the or is it a subjective standard? Is there I’m truly grateful this provision has manager’s amendment was proposed by any requirement of reasonableness? been included in the manager’s amend- The amendment would make it a ment that we’re debating today. Mr. MARSHALL of Georgia. It requires Another issue of great importance is the DNI to study the best practices of crime to exploit phobias of the indi- congressional oversight of our intel- other foreign governments to combat vidual. Phobias? Could you explain why ligence community. I’m pleased that violent domestic extremism. this would be a criminal offense for a this bill modifies the Gang of Eight no- A number of our allies, including the member of the intelligence community tification process currently used to United Kingdom and the Netherlands, but not a criminal offense for a pros- brief Congress on intelligence activi- have established programs to stop indi- ecutor who threatens a detainee with increased jail time if he does not co- ties. During the last administration, viduals from turning to terrorism. This we saw the danger of giving the execu- is a growing problem here in the operate? These are just some simple ques- tive branch too much leeway to engage United States, and we could benefit tions—questions that I would think in activities outside of congressional from learning how our friends and al- people in the intelligence community review. Reforming the mechanism gov- lies have dealt with this problem. would ask the next time someone from erning congressional notification will Madam Chair, I urge the passage of restore Congress’s ability to conduct the manager’s amendment. this body comes and visits with them and tells them how much we support oversight on our intelligence activi- At this point, I reserve the balance of ties. my time. them and how great of a job we think they’re doing. I would think they So with that I just want to thank Mr. HOEKSTRA. Madam Chair, I Chairman REYES for his leadership in claim time in opposition. would hold this amendment up and say, Sir, Madam, did you vote for this? Did crafting this bill as well as his general The Acting CHAIR. The gentleman leadership of the Intelligence Com- from Michigan is recognized for 10 min- you understand what it meant when you voted for it? Could you explain it mittee itself and particularly the at- utes. tention he’s paid to the issue of cyber- Mr. HOEKSTRA. I yield myself such to me? Somebody please answer these questions. security. I support the bill and I urge time as I may consume. my colleagues to do the same. Since the other side doesn’t want to b 1445 Mr. HOEKSTRA. Madam Chair, I talk about this amendment, I find my- We sure didn’t have the opportunity yield 2 minutes to my colleague from self having to come back and, once to ask this in committee, to get any Michigan (Mr. ROGERS). again, bring up the McDermott amend- briefings on this, to have any hearings, Mr. ROGERS of Michigan. Madam ment. I would just appreciate, since for someone to explain this to us. But, Chair, just to further again tell you there have been no hearings on this no, if the other side has its way, soon how dangerous the amendment is on and it has slipped into this in the dead this will be law. making it a criminal act for CIA offi- of night, just some answers to ques- Madam Chair, I reserve the balance cers to try to conduct interrogations, tions that maybe someone on the ma- of my time. again I just want to read—this goes jority side can answer. Mr. REYES. Madam Chair, I now after specifically any intelligence offi- Remember, we are in a community yield 2 minutes to the gentleman from cer or employee of the intelligence now where the people at the front lines Rhode Island, and a valued member of community. So saying we’re just re- realize, when they have been asked by our committee, Mr. LANGEVIN. stating law simply isn’t true. And then Congress and the President to do some- (Mr. LANGEVIN asked and was given it goes on to say ‘‘interrogation know- thing, that, 3 or 4 years later, they may permission to revise and extend his re- ingly commits, attempts to commit, or be prosecuted for those very activities marks.) conspires to commit an act of cruel, in- by following the requests of this Con- Mr. LANGEVIN. I thank the gen- humane, or degrading treatment.’’ gress. tleman for yielding and for his leader- ‘‘Degrading,’’ of course, is undefined. We are talking about enhanced inter- ship on the Intelligence Committee. But think of this: It goes on to ex- rogation techniques. The record indi- Madam Chair, I rise in strong support plain at a further portion in their lan- cates that even people as high as the of H.R. 2701. guage ‘‘if you seek to blaspheme his or

VerDate Nov 24 2008 03:28 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\K25FE7.048 H25FEPT1 dcolon on DSK2BSOYB1PROD with HOUSE H880 CONGRESSIONAL RECORD — HOUSE February 25, 2010 her religious beliefs.’’ Now, we know Ms. RICHARDSON. I thank the chair- tainee. This provision merely adds a that al Qaeda through their training man for that response. concrete statutory penalty to that con- always says when you’re caught by the Mr. HOEKSTRA. Madam Chair, I duct. United States, allege abuse. It shuts yield 1 minute to my colleague from This language does not, does not, the system down. Guess what we just Texas (Mr. THORNBERRY). give terrorists greater rights than ordi- did. Does that mean a Jewish FBI offi- Mr. THORNBERRY. Madam Chair, a nary criminals. cial is no longer able to go in and con- few moments ago, a Member stated We cannot afford another Abu duct an interview? I don’t know. Does that the McDermott language only re- Ghraib, and the language in the man- it mean that if an uncovered woman states what’s in current law. I would be ager’s amendment simply reasserts goes in to conduct an interview, we’ve very interested for any Member who these important provisions already blasphemed their beliefs and their reli- can come to the floor and tell me codified in law, plain and simple. gion? I don’t know. But we’ve certainly where in current law it says any officer Madam Chair, I reserve the balance made it easier to make the allegation, or employee of the intelligence com- of my time. Mr. HOEKSTRA. Madam Chair, I haven’t we? We have made it almost munity who forces an individual to be naked goes to jail for 15 years. Some- yield myself 1 minute. impossible for them to do what we have I wish it were plain and simple. It’s times there’s a good reason to ask to have them do, and that’s extract in- 11 pages, 11 pages dropped in in the someone to take their clothes off—to formation that’s going to save lives. I middle of the night. No debate, no dis- make sure they don’t have bombs mean you could go on to any sector of cussion, just inserted. strapped around their waist. And yet any religion that has become If it’s already a crime, why are you an intelligence officer who does that radicalized and understand it’s impos- putting it in here? sible to meet that standard. Impos- under the McDermott language is lia- We haven’t answered all the ques- sible. We are hugely restricting and ble for 15 years in jail. tions that we asked before. I notice handcuffing our intelligence commu- The McDermott language says an of- that the sponsor of the amendment, nity from doing what they need to do, ficer or employee in the intelligence who was here for an extended period of and that’s to get information, without community who deprives an individual time, I’m not sure if he wanted to torture, that keeps Americans safe and of necessary sleep goes to jail for 15 speak on the amendment or not but ob- alive. years. viously wasn’t given the opportunity Now, I cannot believe the many good And, again, al Qaeda, Madam Chair, to speak on the amendment if he want- Members on both sides of the aisle who uses the technique, and we know this ed to. It’s too bad because I think are concerned about prosecuting ter- through a whole series of sources, to there’s legitimate need for discussion rorists, about keeping the country safe, allege abuse. They use it in their media and debate because I don’t think it’s at have thought through the implications campaign, and they know it makes us all clear that this is just a restatement of this language. And to have it in- chase our tail for weeks on end. This of current law. only enhances, this only strengthens cluded in a manager’s amendment Answer the questions. The amend- their cause and al Qaeda’s operational along with 20 other amendments is just ment would make it a crime to exploit tactic to slow us down in the obtaining amazing to me. phobias of the individual. Why is this a of that information. I strongly encourage every Member criminal offense for a member of the I can’t tell you how serious this of the House to read this language and intelligence community but for no one amendment is with no debate and no be careful before you vote on it. else, not a criminal offense for a pros- Mr. REYES. Madam Chair, I yield discussion. It’s dangerous. I urge rejec- ecutor? Why didn’t we ever talk about myself 2 minutes. tion on this alone. this in committee? Why didn’t we ever The manager’s amendment includes Mr. REYES. Madam Chair, it is now debate it? my privilege to yield 1 minute to the language originally proposed by Mr. Madam Chair, I reserve the balance gentlewoman from California (Ms. MCDERMOTT that reiterates existing of my time RICHARDSON), who is a member of the law on torture and provides statutory Mr. REYES. Madam Chair, I now Homeland Security Subcommittee on criminal penalties for individuals who yield 1 minute to the gentleman from Emerging Threats. knowingly commit an act of cruel, in- Georgia (Mr. BARROW). Ms. RICHARDSON. Madam Chair, I humane, or degrading treatment. Tor- Mr. BARROW. I thank the Chair for rise to engage the chairman of the In- ture is a reprehensible and counter- yielding. telligence Committee for purposes of a productive practice. The U.S., as we all I rise to commend Chairman REYES colloquy. know, has no business engaging in for including in the manager’s amend- Mr. REYES. I am happy to oblige. that. The language in the manager’s ment my amendment to develop a com- Ms. RICHARDSON. Mr. Chairman, as amendment simply reasserts existing petitive grant program that will en- a member of the Homeland Security law. courage the U.S. intelligence commu- Committee and subcommittee Chair, Executive Order 13491 prohibits inter- nity to partner with Historically Black I’m concerned that the members of the rogators from engaging in any of the Colleges and Universities to recruit, Homeland Security Committee have activities highlighted in the manager’s train, and retain an ethnically and cul- not consistently and were not ade- amendment language. This Executive turally diverse intelligence workforce. quately briefed by the administration Order limits interrogations to the in- We face a diverse and growing array on the events surrounding the failed terrogation techniques that are au- of threats around the globe. As the Christmas Day terrorist attack. The thorized by the Army Field Manual. It means used by our enemies become Homeland Security Committee has an also spells out the terms of Common more advanced, so must our defenses. important role in congressional over- Article 3 and relevant provisions of the Cultural, language, and educational sight over agencies within its jurisdic- Convention Against Torture and Other barriers affect the quality of intel- tion. Cruel, Inhuman, or Degrading Treat- ligence we can gather, and it’s critical Mr. Chairman, do you agree with me ment or Punishment as the minimum that our intelligence community have and Chairman THOMPSON that the standard for the United States to fol- the human assets to overcome these Homeland Security Committee should low. barriers. be briefed in a timely manner on na- The language in the manager’s The area of Georgia that I represent tional security matters that play a amendment restates existing criminal is home to several HBCUs with specific central role in homeland security? law prohibitions like those in the De- expertise in languages and computer Mr. REYES. I believe that the Home- tainee Treatment Act and clearly es- sciences. Engaging these centers of land Security Committees have an im- tablishes that the United States will academic excellence, as this amend- portant role to play in congressional adhere to the rule of law. It provides a ment does, will produce more sophisti- oversight of national security matters specific criminal penalty for those who cated intelligence officers, who will in and that the committee should be knowingly cause the death of a de- turn make our country more secure. briefed on national security matters tainee. It is already a crime for an in- I want to thank Chairman REYES for that fall within its jurisdiction. terrogator to knowingly murder a de- his work on this important legislation,

VerDate Nov 24 2008 03:28 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\K25FE7.051 H25FEPT1 dcolon on DSK2BSOYB1PROD with HOUSE February 25, 2010 CONGRESSIONAL RECORD — HOUSE H881 and I urge my colleagues to support have rules that we all have to live by. ity was not consulted on a single one of these passage of this bill. We understand the law. And we have to amendments—in fact, one of them continues Mr. HOEKSTRA. Madam Chair, I have respect for that law. It does not to reverse a bipartisan agreement on notifica- yield 11⁄2 minutes to my colleague from undermine any of that. tion reform from last year. Michigan (Mr. ROGERS). It is a good manager’s amendment. I Instead of taking meaningful steps to ad- Mr. ROGERS of Michigan. Madam urge the adoption of the manager’s dress critical national security problems such Chair, it’s not that you’re giving ter- amendment. as the threat posed by bringing Guantanamo rorists better rights than Americans. Mr. HOEKSTRA. I yield myself the detainees to the United States, the flaws re- It’s the fact that you’re extending to balance of my time. vealed in our intelligence sharing by the Fort foreign terrorists, foreign nationals, The Acting CHAIR. The gentleman is Hood and Christmas attacks, and the issues foreign-trained individuals coming recognized for 11⁄2 minutes. posed by American citizens who join terrorist here to commit acts of violence and Mr. HOEKSTRA. Thank you. groups abroad, it would require 16 new re- kill civilians the same rights as Ameri- Madam Chair, my colleague on the ports, to bring the total for the bill to at least cans. That’s wrong. They are enemy other side of the aisle is exactly right. 57 new reports. And instead of supporting the combatants. The people in the intelligence commu- men and women of our intelligence commu- You say, well, we can’t have Abu nity are watching exactly what we are nity, it would create a new criminal offense Ghraib. You’re right; we can’t. Torture doing. And actions do speak louder that not only would duplicate an existing law— is illegal. It was illegal then, and guess than words. The actions that they have it would apply only to our intelligence per- what? It was investigated and they seen, their colleagues were asked by sonnel. How’s that for gratitude? have been prosecuted, rightly so. They this Congress, including, the record Instead of trying to provide proper proce- abused people. Wrong. They go to jail. shows, the leadership of this House and dures are in place to govern the conduct of That’s what happens in this system. the former administration, to do things covert action activities that could impact Amer- What you’re doing now is inter- on their behalf to keep America safe, ican citizens, the Majority believes it is more jecting mass confusion into the people and they see their colleagues now po- important to order yet another duplicative re- who are going to try to conduct tentially being prosecuted because the port on foreign language proficiency when the debriefings all over the world, and rules changed under this administra- Committee is already briefed regularly and re- they’re going to go to dangerous tion. peatedly on the efforts that are ongoing in this places, and guess what? You’ve engaged As they see the rules changed for area. one of the worst parts of the al Qaeda them and perhaps their colleagues Instead of trying to fix the intelligence shar- playbook that says, remember, when being prosecuted, they see a global jus- ing problems that were laid bare at the Fort Americans are shooting at themselves tice initiative coming out of the FBI Hood shooting and shown to be critical during and chasing their tail, they are not where we are reading Miranda rights to the Christmas bombing attack, the Majority shooting at us. Allege abuse. You’ve our enemies on the battlefield in Af- has instead chosen to put its head in the sand just put 11 confusing pages right into ghanistan. They see the actions and and order up a report on events in Argentina the hands of our enemy to say, make it they see the actions are very, very dif- between the mid-1970s and the mid-1980s. really hard on the folks who are risk- ferent. Instead of resolving the serious problems in ing their lives to save Americans so They see that we are moving KSM coordinating the interrogation of the high-value that we can continue to do what we do, from Gitmo to trial in New York City. detainees that became apparent when Mi- and that’s plan, train, recruit, and we Thankfully, the people in New York randa rights were read to a foreign radical will send people to America to kill City are saying no way, we are not jihadist, the Majority has chosen to require the American civilians. doing it. And at the same time that intelligence community to write up not one, but This is a dangerous, dangerous, dan- KSM is being promised a trial in civil- two new reports and a ‘‘Task Force’’ on cyber- gerous step that you take. No debate. ian courts in the United States, they security even though the Committee is in the No discussion. Lots of confusion. Don’t are seeing 11 pages of new vulnerabili- middle of a series of comprehensive briefings do this to the men and women who risk ties being placed on them after no and hearings on the subject and has con- their lives every day to protect the hearings and no debate. ducted repeated oversight. United States of America. Yes, our men and women in the field Madam Chair, I can’t think of a single ter- are seeing a real difference. They are rorist plot that has ever been disrupted by a b 1500 seeing a real difference in actions by report to Congress. Mr. REYES. Madam Chair, I yield this Congress and by this administra- In addition to these more fundamental myself the balance of my time. tion. They see that they have become issues, I need to note for the record some The Acting CHAIR. The gentleman is kind of a target of this administration, specific serious problems with this amend- recognized for 1 minute. that this is now not about keeping ment. Mr. REYES. Thank you, Madam America safe, it is about putting them First, the amendment does even further Chair. into a legal framework, an ugly legal damage to the bipartisan agreement that had I rise to inform my colleagues on the net. been reached on reform of congressional noti- other side that the men and women Madam Chair, I rise in strong opposition to fication. Instead of providing a mechanism that protecting this country are clear about this bloated Manager’s Amendment. Its flaws respects the separation of powers and the var- their duties. They are focused on keep- powerfully demonstrate how the Intelligence ious equities of the President and the Con- ing us safe. They are not concerned Committee is failing to do its work and has in gress, this amendment has ceded the decision about the political spin here. They are fact become counterproductive to the work of of which Members of Congress will be briefed not concerned about the rhetoric that the intelligence community. on sensitive covert actions entirely to the they hear. But they do appreciate ac- This amendment is everything that is wrong President, apparently to avoid the White tions more than rhetoric. with intelligence policy in 2010. It is politicized, House’s veto threat on the bill. That is ironic I know because I have been around it fails to recognize or act on the serious for a majority who has claimed so long and so the world visiting them. I have been to threats that we continue to face as a nation, loud—despite clear records and the recollec- talk to various groups in the intel- and it puts off the tough decisions indefinitely. tion of others to the contrary—that it was ligence community. They know that Where it does take a substantive action, in- never briefed on intelligence policies that they we appreciate the work that they do stead of taking meaningful steps to fix the explicitly helped to ratify on a bipartisan basis. each and every day to keep us safe. problem it blames the men and women of the Second, the amendment does even further And they are not going to be fooled, intelligence community for failing to follow a damage to years of carefully developed prac- like the American people are not going politically correct policy, even though that pol- tice and procedure for how the congressional to be fooled, by the rhetoric that comes icy was ratified by Members of Congress at intelligence committees conduct oversight by up, the spin that they try to put on the the highest levels. I think we have heard this attempting to cede its responsibility to the manager’s amendment, and in par- story before. GAO. The original bill was flawed because it ticular the reiteration of something The Managers Amendment contains the text would have provided the GAO with virtually that is fundamentally American, and of 22 Democratic amendments, and no Re- unfettered authority to insert itself into intel- that is we have a Constitution. We publican amendments. The Committee minor- ligence community matters without applying

VerDate Nov 24 2008 04:39 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00047 Fmt 4634 Sfmt 9920 E:\CR\FM\K25FE7.054 H25FEPT1 dcolon on DSK2BSOYB1PROD with HOUSE H882 CONGRESSIONAL RECORD — HOUSE February 25, 2010 the same rules that govern the congressional with protecting the country from cyber attacks laws for which cybercrime and cyber espio- intelligence committees or limiting the dissemi- must constantly revise and improve their pri- nage constitute a predicate offense and pro- nation of any work product to protect sources mary functions of data collection, analysis, and vide recommendations for updating those stat- and methods. dissemination to keep pace with expanding utes when warranted. The task force shall es- It was so bad that even the Obama adminis- threats. Experts in the field have pointed to tablish and disseminate guidelines for States tration objected that the bill ‘‘would fundamen- several areas of the law which may need to to revise their State-level statutes equivalent tally shift the longstanding relationship and in- be reviewed and updated to ensure their ef- to 18 U.S.C. 1030 to help ensure they keep formation flow between the IC and intelligence fectiveness and to best protect American indi- pace with Federal changes. committee members and staff.’’ This Man- viduals, businesses, and our national security. An increase in the prevalence of crimes fa- agers Amendment makes these problems Our proposal would establish the cilitated through computer fraud and abuse even worse by allowing the Comptroller Gen- Cybercrime Task Force to analyze the current raises novel investigative, prosecutorial and eral to unilaterally develop procedures for han- tools available to the Intelligence Community training issues because of the complex and dling of highly sensitive material with no re- and law enforcement and provide legislative unique attributes of computer and Internet quirement that it follow House or Committee recommendations on ways to strengthen those technology. To improve law enforcement’s un- rules, and in fact would allow committees resources, reduce our national exposure, and derstanding of the extent to which computer other than the intelligence committees to re- prevent and deter cyber attacks, cyber ter- technology pervades traditional crimes, the quest GAO review of the intelligence commu- rorism, cyber espionage, and cybercrimes. task force shall compile a list of which crimes nity. The goals of the task force include improv- are most often committed with the aid of com- This is contrary to the Rules of the House ing attribution to specific criminals, under- puters or Internet devices, determine whether and the recommendations of the 9/11 Com- standing the nontraditional targets of the relevant prosecutorial tools are up to date, mission. How many times do we have to learn attackers, and strengthening federal computer and provide specific legislative recommenda- the simple lesson that intelligence oversight is crime statutes to deter would-be perpetrators. tions on how to update the statute to improve most effective when it is conducted by the in- First, crucial to better deterrence—and the prosecution efforts while simultaneously pro- telligence committees—at least when those possibility of implementing sanctions—is im- viding for individual privacy and data security. committees do more than just require new re- proving the IC’s ability to designate concrete The task force shall also advise whether a ports. attribution for cyber attacks. Attacks committed need exists to outlaw, or more clearly prohibit, Third, buried deep within the 22 amend- with the aid of computer or Internet device certain behavior (i.e., unauthorized access) re- ments contained in this Managers Amendment technology are often cleared with negative gardless of intent or resulting damage, wheth- is an extraordinary provision that would create clearance. In order words, the IC is not able er monetary or to a computer system. The a new criminal offense that would only apply to detect and identify hostile foreign actors be- recommendations should take into account the to the men and women of the intelligence cause of missing data at Internet service pro- increasing prevalence of individuals using pre- community. Title 18 of the U.S. Code, section viders. The task force shall provide evidence- programmed hacking tools to commit a crime 2340A, already gives effect to the Convention based recommendations on mandatory data without necessarily understanding the full im- Against Torture and makes torture a criminal retention requirements that balance the pri- plications or potential consequences of the offense in the United States. Torture is already vacy of an individual’s data, the technical and technology. against the law. financial limitations of companies and Internet The task force shall analyze existing Fed- Apparently, that’s not enough for the Major- service providers, and the need to ensure ef- eral and State data breach notification require- ity—it has to have a special offense that would ments and advise whether and how current apply only to the men and women of the Intel- fective cybercrime investigation. The task force shall incorporate in their rec- law should be amended to strengthen require- ligence Community—just as Attorney General ommendations suggestions to minimize bar- ments and improve compliance, including noti- Holder has appointed a special prosecutor to riers to entry into the service provider industry fication of relevant law enforcement authorities investigate them. There is no legal reason to and to lessen any negative impact on innova- as well as any individuals whose personally do this—it apparently exists only to make a identifiable information may be at risk from the political statement. The intelligence operatives tion or new start-ups in the industry. Second, Madam Chair, in light of the rapidly breach. Currently, forty-three States have en- on the front lines deserve our thanks and our evolving nature of the crimes, we must better acted breach notification requirements, and support for doing hard things in hard places, understand the likely, but nontraditional, tar- they vary widely, resulting in low compliance like the men and women who made the ulti- gets to which perpetrators may seek unauthor- levels. The task force shall analyze discrep- mate sacrifice this year in Khost, Afghanistan. ized access. Cyber attacks are increasingly ancies among existing State-level statutes, de- They do not deserve to be singled out for spe- the preferred method of foreign intelligence termine barriers to compliance, and provide cial criminal offenses. I believe that this is recommendations for overcoming such bar- services collection of data against the U.S., wrong. riers (i.e., through Federal legislation, tying a raising a host of novel training, counterintel- Madam Chair, I strongly oppose this amend- company’s obligations to specific jurisdiction ligence and investigative issues. To improve ment. and their requirements, or through some other these operations in the IC’s understanding of Mr. PATRICK J. MURPHY of Pennsylvania. means). Madam Chair, I’d like to extend my sincere the extent to which computer and Internet de- Finally, the task force shall determine thanks to Chairman REYES for accepting this vice technology pervades traditional crimes, whether and how current victim restitution stat- amendment and taking an important step to- the task force shall compile a list of nontradi- utes should be amended in order for victims of ward strengthening our Nation’s cyber infra- tional targets (i.e., economic or industrial cyber attacks to be made whole. Currently structure against attack. Madam Chair, the bases) in the U.S. that the IC has not tradi- States have varying forms of recourse for vic- protection of our country’s cyber infrastructure tionally dealt with as a target for foreign intel- tims of cyber attacks, particularly when a per- is one of today’s most pressing—and chal- ligence services. son is hurt because a company’s data was lenging—national security issues. Computers Finally, Madam Chair, an increasing number breached. The task force shall recommend and Internet device technology have become of ‘‘terrestrial’’ (i.e., physical) crimes are being whether a Federal law is needed to address pervasive in every type of crime and federal committed with the aid of a computer or Inter- this and if so, how it should be structured. agencies are experiencing an increase in net services. The task force shall survey the Madam Chair, I urge my colleagues to en- cyber-intrusions into our most secure and sen- current federal crime statute for computer sure that we stay a step ahead of hackers and sitive government computer networks. This fraud and abuse to determine whether it is cyber terrorists seeking to cause us harm and growing threat is extraordinarily difficult to ad- sufficient in light of the advanced nature of the to pass this important amendment. dress. The technology used to perpetrate crimes being committed and to enhance the The Acting CHAIR. The question is these crimes evolves constantly and rapidly, ability of our law enforcement agencies to on the amendment offered by the gen- and it can be exceedingly difficult to track identify, detect and apprehend suspects as tleman from Texas (Mr. REYES). down the perpetrators. It is our duty to ensure well as enhance investigative and prosecu- The question was taken; and the Act- that our Intelligence Community and our Na- torial efforts. ing Chair announced that the ayes ap- tion’s law enforcement agencies have every The task force shall survey the current fed- peared to have it. tool necessary in their arsenal to combat eral crime statute for computer fraud and Mr. HOEKSTRA. Madam Chair, I de- cyber criminals and cyber terrorists who seek abuse (as provided in 18 U.S.C. 1030) to demand a recorded vote. to access or steal protected information. termine whether it is sufficient in light of the The Acting CHAIR. Pursuant to To be successful in preventing security advanced nature of the crimes being com- clause 6 of rule XVIII, further pro- breaches, Madam Chair, the agencies tasked mitted. It shall determine the adequacy of the ceedings on the amendment offered by

VerDate Nov 24 2008 04:39 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\CR\FM\A25FE7.012 H25FEPT1 dcolon on DSK2BSOYB1PROD with HOUSE February 25, 2010 CONGRESSIONAL RECORD — HOUSE H883 the gentleman from Texas will be post- munity, which included, from my per- government. We must assert our pre- poned. spective, an attempted coverup by the rogative to monitor and rectify prob- AMENDMENT NO. 2 OFFERED BY MR. HOEKSTRA previous administration or by the in- lems that surface in the programs we The Acting CHAIR. It is now in order telligence community as to exactly oversee. In the intelligence world, to consider amendment No. 2 printed in what happened, how it happened, and some of these problems affect our core House Report 111–419. how these Americans were killed, that values as well as our Constitution. Se- Mr. HOEKSTRA. I have an amend- we have been so closed in sharing that curity and liberty are not a zero sum ment at the desk. information with the American public game. It is our sworn duty to protect The Acting CHAIR. The Clerk will and the families. both. The language in the underlying designate the amendment. I reserve the balance of my time. bill and this amendment offered by Mr. The text of the amendment is as fol- Mr. REYES. I would like to claim the HOEKSTRA go a long way to rectify time in opposition, even though I am lows: long-existing problems. not opposed to it. Amendment No. 2 offered by Mr. HOEK- I urge support for the bill and sup- The Acting CHAIR. Without objec- port for this amendment. STRA: tion, the gentleman from Texas is rec- Insert after section 354 the following new Mr. REYES. I reserve the balance of section: ognized for 5 minutes. my time. There was no objection. SEC. 355. PUBLIC RELEASE OF INFORMATION ON The Acting CHAIR. The gentleman PROCEDURES USED IN NARCOTICS Mr. REYES. I yield such time as she from Michigan has the right to close. AIRBRIDGE DENIAL PROGRAM IN may consume to my friend from Cali- Mr. REYES. Madam Chairwoman, I PERU. fornia (Ms. HARMAN). am prepared to accept the amendment, Not later than 30 days after the date of Ms. HARMAN. I thank the chairman and want the record to reflect that Ms. the enactment of this Act, the Director of for yielding, and surely hope that we SCHAKOWSKY from Illinois is very much the Central Intelligence Agency shall make will accept his amendment. I recall publicly available an unclassified version of in agreement with Mr. HOEKSTRA. during my years as ranking member on I yield back the balance of my time. the report of the Inspector General of the the committee when we were, in Central Intelligence Agency entitled ‘‘Proce- Mr. HOEKSTRA. Madam Chair, I dures Used in Narcotics Airbridge Denial quotes, ‘‘briefed’’ on this incident. I am yield myself the balance of my time. Program in Peru, 1995-2001’’, dated August 25, very disappointed about the way it was The Acting CHAIR. The gentleman is 2008. handled. I personally think the gen- recognized for 3 minutes. The Acting CHAIR. Pursuant to tleman from Michigan is correct, and I Mr. HOEKSTRA. Thank you, Madam House Resolution 1105, the gentleman applaud what he is doing. Chair. As we debate this bill, we must thank from Michigan (Mr. HOEKSTRA) and a I would like to thank my colleagues again the thousands of patriotic and Member opposed each will control 5 on the other side of the aisle and the courageous women and men who are minutes. chairman for accepting the amend- serving in our intelligence community The Chair recognizes the gentleman ment, my colleague from California for around the world. As I so often say, a from Michigan. the kind words that she had to say. We grateful Nation salutes them for their Mr. HOEKSTRA. Madam Chair, I worked on this program for a number efforts to keep us safe. Our Nation also would like to yield myself as much of years together. And it has taken us remembers and honors those who lost time as I may consume. such a long period of time to get the their lives, most recently at Forward Madam Chair, this is a very straight- answers that help understand but do Operating Base Chapman in Afghani- forward amendment. I thank the Rules not explain what happened. stan. Committee for making it in order. It This amendment is intended to get Madam Chair, in addition to this ex- more information to the American peo- basically says that for not later than 30 cellent amendment, I applaud the un- days after the enactment of this act, ple, more information to the families. I derlying bill’s provisions to reform the do hope that over the coming days that the Director of the Central Intelligence way Congress is notified of sensitive Agency shall make publicly available the Director of the CIA, that the people covert programs, briefings that for too in the intelligence community decide an unclassified version of the report of long were limited to the so-called the Inspector General entitled ‘‘Proce- to give the families full access to the ‘‘Gang of Eight.’’ During my years as Accountability Board. dures Used in Narcotics Airbridge De- ranking member, it was clear that ef- nial Program in Peru.’’ I appreciate the support of the chair- fective oversight required providing woman of the subcommittee, Ms. Many of you may remember that this the entire committee with information was a very tragic incident where, with SCHAKOWSKY from Illinois. This is a previously limited to its leadership. case where we have worked uniquely in the assistance of our intelligence com- And so this bill rightly provides for full munity, two of my constituents were a bipartisan way to address failings committee notice of Gang of Eight within the intelligence community, to tragically killed in Peru, shot down by briefings, a contemporaneous record of the Peruvian Air Force. We need an un- try to right those wrongs, and to try to those briefings, something we sorely move us forward in a constructive and classified version of this report being lacked, and it entitles the full com- made available to the public, and more positive way. I thank my colleagues mittee to receive the same briefings as who have enabled that process to work importantly, to the families, the fami- the Gang of Eight within 180 days. lies of those who were killed. and to work effectively. These changes go a long way toward Madam Chair, I yield back the bal- You know, it wasn’t that long ago, it correcting the frustration felt on both ance of my time. was within the last month that there sides of the aisle during my tenure on The Acting CHAIR. The question is was a discussion about an account- the committee. We should not have on the amendment offered by the gen- ability review. Almost 9 years after been put in the position of on the one tleman from Michigan (Mr. HOEKSTRA). that tragic shoot-down, there was an hand upholding our oath of secrecy, The amendment was agreed to. Accountability Board that had been while on the other hand being starved AMENDMENT NO. 3 OFFERED BY MR. HASTINGS convened. And its results have been for information to conduct necessary OF FLORIDA made or were reported to our com- oversight. The Acting CHAIR. It is now in order mittee. Roughly 4 weeks ago I asked Just last week, pursuant to a FOIA to consider amendment No. 3 printed in the Director of the CIA whether the request, memoranda describing some of House Report 111–419. families of those killed would be our briefings were declassified. The Mr. HASTINGS of Florida. Madam briefed on what was found in the Ac- documents, which are available to the Chair, I have an amendment at the countability Board and the account- public, show repeated pushback from desk. abilities that were put in order. To Intelligence Committee members, sure- The Acting CHAIR. The Clerk will date I am yet waiting for an answer. ly including me, about the failure to designate the amendment. This has been unfair to these fami- brief us or to provide documents or The text of the amendment is as fol- lies, it has been unfair to the American other timely information. lows: public that when we have had such a Madam Chair, last time I checked, Amendment No. 3 offered by Mr. HASTINGS tragic failing in the intelligence com- Congress was an independent branch of of Florida:

VerDate Nov 24 2008 04:39 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\FM\K25FE7.056 H25FEPT1 dcolon on DSK2BSOYB1PROD with HOUSE H884 CONGRESSIONAL RECORD — HOUSE February 25, 2010 Insert after section 352 the following new ference. And many of the discussions provision that allows, among other section: that are being heard here today are things, that we’re putting people out of SEC. 353. REPORT ON PLANS TO INCREASE DI- likely to be addressed in that con- the service who are Farsi and Arabic VERSITY WITHIN THE INTEL- LIGENCE COMMUNITY. ference report. speakers because they’re gay, and I (a) FINDINGS.—Congress finds the fol- Now, I have stated time and again think that’s ridiculous in the environ- lowing: that the intelligence community is not ment that we’re operating in. (1) To most effectively carry out the mis- diverse enough to do its job of obtain- But we still don’t have enough sion of the intelligence community to collect ing and analyzing foreign countries’ se- women. We still don’t have enough and analyze intelligence, the intelligence crets. Diversity is a mission impera- Arabs. We still don’t have enough community needs personnel that look and tive. We need people who blend in, North Koreans, and I could go on and speak like the citizens of the many nations speak the language, and understand on. in which the United States needs to collect such intelligence. the cultures and the countries that we While the intelligence community (2) One of the great strengths of the United are targeting. has made some progress in hiring peo- States is the diversity of the people of the The intelligence community is our ple with diverse backgrounds, edu- United States, diversity that can positively Nation’s first line of defense against cation and experience, including, in- contribute to the operational capabilities the increasing dangers and threats we deed, more women and minorities, this and effectiveness of the intelligence commu- face around the world. From the progress has been at a glacial speed. nity. scourge of terrorism, to the prolifera- The intelligence community has been (3) In the past, the intelligence community tion of weapons of mass destruction, to historically slow to recognize the has not properly focused on hiring a diverse workforce and the capabilities of the intel- hostile governments, intelligence work wealth and abundance of talent and ligence community have suffered due to that is often unseen, and mostly thankless. skills that reside in first-, second-, and lack of focus. Now, I keep hearing all this talk even third-generation Americans. We (4) The intelligence community must be about Mirandizing people on the battle- still don’t have an intelligence work- deliberate and work hard to hire a diverse field. I have a lot of difficulty under- force that looks like our country. We workforce to improve the operational capa- standing when that happened. I have aren’t even close. bilities and effectiveness of the intelligence been on the committee for 10 years, The bottom line is that we, until we community. and I don’t know that that is a method- have every segment of society partici- (b) REQUIREMENT FOR REPORT.—Not later than one year after the date of the enact- ology that is being employed with any pating in the intelligence community, ment of this Act, the Director of National regularity. our capabilities will not rise to the Intelligence, in coordination with the heads I have had the honor and privilege of level needed to defeat terrorism. of the elements of the intelligence commu- meeting many of our intelligence pro- I’d like to yield the balance of my nity, shall submit to the congressional intel- fessionals during my oversight travel time to the distinguished chairperson ligence committees a report on the plans of as a member of the Intelligence Com- of the Intelligence Committee, and to each element to increase diversity within mittee to more than 50 countries. I thank the Members of the Democrat the intelligence community. cannot overstate how much all of us, and Republican staff on the House In- (c) CONTENT.—The report required by subsection (b) shall include specific implemen- Democrats and Republicans, every telligence Select Committee. tation plans to increase diversity within Member of this House and every Presi- Mr. REYES. I just want to thank the each element of the intelligence community, dent that I have known, are appre- vice chair of our Intelligence Com- including— ciative and humbled by their service. mittee for his hard work. I know he’s (1) specific implementation plans for each And yes, I will stand and say that when worked ever since he’s been on the such element designed to achieve the goals this authorization measure passes that committee on this very important articulated in the strategic plan of the Di- I do support the men and women in the issue that keeps, I think, the face of rector of National Intelligence on equal em- the intelligence community reflecting ployment opportunity and diversity; 16 elements of the intelligence services (2) specific plans and initiatives for each and appreciate them very much. the face of this Nation. such element to increase recruiting and hir- I am proud to support this measure Mr. HOEKSTRA. Madam Chairman, ing of diverse candidates; for several reasons. It substantially in- I’d like to claim the time in opposi- (3) specific plans and initiatives for each creases funding for human intelligence tion, although I will not be opposed to such element to improve retention of diverse collection and counterintelligence ac- the amendment. Federal employees at the junior, midgrade, tivities, tools that have been The Acting CHAIR. Without objec- senior, and management levels; underresourced in the past years. tion, the gentleman from Michigan is (4) a description of specific diversity recognized for 5 minutes. awareness training and education programs b 1515 There was no objection. for senior officials and managers of each The bill continues the essential fund- Mr. HOEKSTRA. I would like to rec- such element; and (5) a description of performance metrics to ing to support the critical efforts of ognize my colleague from Texas (Mr. measure the success of carrying out the U.S. warfighters in Iraq, Afghanistan THORNBERRY) for 1 minute. plans, initiatives, and programs described in and Pakistan, and provides additional Mr. THORNBERRY. The gentleman paragraphs (1) through (4). funding to address significantly emerg- from Florida (Mr. HASTINGS) has been a The Acting CHAIR. Pursuant to ing issues in Africa, Latin America and forceful and eloquent advocate for House Resolution 1105, the gentleman elsewhere. And I would urge my col- greater diversity in the intelligence from Florida (Mr. HASTINGS) and a leagues to footnote that. community. And he’s exactly right: we Member opposed each will control 5 There is no place that I think that we will be more effective when we have minutes. should focus as much attention as we greater diversity in the intelligence The Chair recognizes the gentleman have with Iran as Yemen. It is going to community. We’re more effective from Florida. be critical for us to pay attention to human collectors when we look like Mr. HASTINGS of Florida. Madam that area of the world. those from whom we are collecting. We Chair, I would like to correct some This bill also adds funds and authori- will be more effective when we have a things, because I have been here all day ties for language programs. Chairman greater range of language talents in- listening to our colleagues complain REYES and I and countless other mem- cluding dialects. All of that is abso- about the process. This is the begin- bers on this committee have fought lutely true. ning of the process. And it is an impor- this issue repeatedly for us to make My point, in addition, however, is tant one, one that has not been under- progress in languages; and, I might that it’s not just getting them into the taken in 4 years, such that we have not add, we have been successful. If you see intelligence community. It’s how we had an authorization bill for all that the new people entering the service, if treat them once they’re hired. And time. you visit our operational activities, some of the recent actions over the last Now, I am sure that my colleagues you begin to see more and more people year, whether it’s a special prosecutor know that when this measure is com- that are in the service. to go after, again, interrogators after pleted, and on the other side in the I do have something to quarrel about, they have already been investigated, or other body, that we will have a con- and that is, the gays in the military whether it’s releasing classified

VerDate Nov 24 2008 03:47 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\CR\FM\A25FE7.014 H25FEPT1 dcolon on DSK2BSOYB1PROD with HOUSE February 25, 2010 CONGRESSIONAL RECORD — HOUSE H885 memos, even though five CIA directors the FBI implemented a new policy, and us safe today. This is the one thing recommend not having it done, that the policy was designed to try to get a that we can do and send a message to cuts against the ability to keep these different talent pool of individuals to this Director. For all the good and all qualified people in government service come to Washington, D.C. to be super- the bad that happened since 9/11 and after we have them hired. And I can visors in their new bureaucracy of the he’s been part of a lot of good things, think of nothing worse than to threat- intelligence community, if you will. this could be a horrible black mark on en these people with 15 years of prison They were having a difficult time what could otherwise be a great career if they stray across the line in an in- doing it. there if you don’t take care of the peo- terrogation as far as encouraging our So what they ended up doing is they ple who have been taking care of Amer- intelligence professionals to stay with forced supervisors in the field. These ica. the government. are FBI experts in a whole variety of I reserve the balance of my time. Mr. HOEKSTRA. Madam Chairman, I fields—it could be white- collar crime, The Acting CHAIR. Does any Member yield myself the balance of the time. it could be organized crime, it could be seek time? Madam Chairman, I will not oppose foreign counterintelligence, could be Mr. ROGERS of Michigan. Seeing the amendment. I support the amend- counterterrorism efforts—and arbi- there’s no further speakers, I would ment. I think the report on high- trarily said, after 5 years you’re done. just urge the body’s quick support and, lighting the progress that we have You either have to step down, you have again, hopefully we can stand with the made or that we may not have made to come to Washington, D.C. and apply men and women who have stood with toward our objectives of increasing the to be an ASAC or other job, or you us in difficult times across the coun- diversity within the intelligence com- have to move on. You can either leave try. I yield back my time. munity is something that is needed and the Bureau, you can step down and go The Acting CHAIR. The question is something that my colleague has been back to the ranks of what we used to on the amendment offered by the gen- championing for all the years that we call a brick agent in the FBI. tleman from Michigan (Mr. ROGERS). have served on the committee to- Five years ago we said, you know The amendment was agreed to. gether. I support the amendment and this is really unfair to a lot of agents. AMENDMENT NO. 5 OFFERED BY MS. ESHOO urge my colleagues to support it as You’re going to lose agents. Unfortu- The Acting CHAIR. It is now in order well. nately, they implemented it, we lost to consider amendment No. 5 printed in I yield back the balance of my time. agents, senior agents, talented agents. House Report 111–419. The Acting CHAIR. The question is And from both sides of this aisle we Ms. ESHOO. Madam Chairman, I on the amendment offered by the gen- heard stories after stories where we have an amendment at the desk. tleman from Florida (Mr. HASTINGS). represented about good, quality, tal- The Acting CHAIR. The Clerk will The question was taken; and the Act- ented, seasoned FBI agents being designate the amendment. ing Chair announced that the ayes ap- forced to make decisions based on their The text of the amendment is as fol- peared to have it. families. Some were just not in a posi- lows: Mr. HASTINGS of Florida. Madam tion to come back to Washington, D.C., Amendment No. 5 offered by Ms. ESHOO: Chair, I demand a recorded vote. so their reward for all that honorable At the end of subtitle A of title III, add the The Acting CHAIR. Pursuant to service is get out. following new section: clause 6 of rule XVIII, further pro- Well, the Director cut a deal with SEC. 305. CONFLICT OF INTEREST REGULATIONS AND PROHIBITION ON CERTAIN ceedings on the amendment offered by this Congress, not this particular ses- OUTSIDE EMPLOYMENT FOR INTEL- the gentleman from Florida will be sion, but a Congress a few years ago, 5 LIGENCE COMMUNITY EMPLOYEES. postponed. years ago: I will fix this problem for (a) CONFLICT OF INTEREST REGULATIONS.— AMENDMENT NO. 4 OFFERED BY MR. ROGERS OF the agents who this harmed. We are Section 102A of the National Security Act of MICHIGAN still waiting today. 1947 (50 U.S.C. 403–1) is amended by adding at The Acting CHAIR. It is now in order This is called the up-and-out policy the end the following new subsection: of the FBI. It is wrong, Mr. Director. It ‘‘(s) CONFLICT OF INTEREST REGULATIONS.— to consider amendment No. 4 printed in (1) The Director of National Intelligence, in House Report 111–419. is absolutely unconscionable that this consultation with the Director of the Office Mr. ROGERS of Michigan. Madam continues to be a problem, after of Government Ethics, shall issue regula- Chairman, I have an amendment at the they’ve given the Congress of the tions prohibiting an officer or employee of desk. United States your word it would be an element of the intelligence community The Acting CHAIR. The Clerk will fixed. I just implore the Director to fix from engaging in outside employment if such designate the amendment. this problem. employment creates a conflict of interest or The text of the amendment is as fol- The only way for us to join together appearance thereof. ‘‘(2) The Director of National Intelligence lows: to get this fixed for the men and women who have risked their lives, shall annually submit to the congressional Amendment No. 4 offered by Mr. ROGERS of intelligence committees a report describing Michigan: who moved their families, who make all outside employment for officers and em- Strike section 349 (page 64, lines 8 through the difficult choices to be an agent of ployees of elements of the intelligence com- 24) and insert the following new section: the FBI, is to offer this amendment munity that was authorized by the head of SEC. 349. FEDERAL BUREAU OF INVESTIGATION and say, no more. We’re not playing an element of the intelligence community FIELD OFFICE SUPERVISORY TERM anymore. Fix this problem. It’s wrong during the preceding calendar year. Such re- LIMIT POLICY. port shall be submitted each year on the None of the funds authorized to be appro- to treat the men and women of the FBI with this blatant disregard for what date provided in section 507.’’. priated by this Act may be used to imple- (b) OUTSIDE EMPLOYMENT.— has been harmful to them and their ment the field office supervisory term limit (1) PROHIBITION.—Title I of the National policy of the Federal Bureau of Investigation families, in some cases, their pensions Security Act of 1947 (50 U.S.C. 402 et seq.) is requiring the mandatory reassignment of a as well. It’s wrong. amended by adding at the end the following supervisor of the Bureau after a specific I know it has been bipartisan in the new section: term of years. past, and I hope that it continues to be ‘‘PROHIBITION ON CERTAIN OUTSIDE EMPLOY- The Acting CHAIR. Pursuant to a bipartisan effort. And, Madam Chair- MENT OF OFFICERS AND EMPLOYEES OF THE House Resolution 1105, the gentleman man, I can’t strongly enough say that INTELLIGENCE COMMUNITY from Michigan (Mr. ROGERS) and a I support it. But also, I have a letter ‘‘SEC. 120. An officer or employee of an ele- Member opposed each will control 5 here from the FBI, the Federal Bureau ment of the intelligence community may not minutes. of Investigation Agents Association, personally own or effectively control an en- The Chair recognizes the gentleman representing literally tens of thousands tity that markets or sells for profit the use from Michigan. of former and current agents all across of knowledge or skills that such officer or Mr. ROGERS of Michigan. Madam employee acquires or makes use of while car- the country who have stood up and said rying out the official duties of such officer or Chairman, it’s with a heavy heart I rise this is the right thing. They support employee as an officer or employee of an ele- with this amendment. This has been a this amendment unconditionally. ment of the intelligence community.’’. bipartisan issue for, I hate to say it, Let us stand with those men and (2) CONFORMING AMENDMENT.—The table of going on 5 years where the Director of women who are doing so much to keep contents in the first section of such Act (50

VerDate Nov 24 2008 03:47 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\CR\FM\K25FE7.062 H25FEPT1 dcolon on DSK2BSOYB1PROD with HOUSE H886 CONGRESSIONAL RECORD — HOUSE February 25, 2010 U.S.C. 401 note) is further amended by insert- people have to have confidence that offered by the gentlewoman from Cali- ing after the item relating to section 119B government employees are working in fornia (Ms. ESHOO). the following new item: the best interest of the Nation and not The amendment was agreed to. ‘‘Sec. 120. Prohibition on certain outside in just a personal self-interest. AMENDMENT NO. 6 OFFERED BY MR. CONAWAY employment of officers and em- I want to thank my colleagues from ployees of the intelligence com- The Acting CHAIR. It is now in order the HPSCI, Representatives TIERNEY, munity.’’. to consider amendment No. 6 printed in BOREN, SCHAKOWSKY, THOMPSON, HOLT, Page 71, strike line 11 and insert ‘‘section House Report 111–419. ROGERS and MYRICK, for cosponsoring 510.’’. Mr. CONAWAY. I have an amend- Page 71, after line 11 insert the following: this amendment. And I urge the adop- ‘‘(K) The annual report on outside employ- tion of it. ment at the desk. ment required by section 102A(s)(2).’’. Madam Chairman, how much time do The Acting CHAIR. The Clerk will The Acting CHAIR. Pursuant to I have left? designate the amendment. House Resolution 1105, the gentle- The Acting CHAIR. 21⁄2 minutes is re- The text of the amendment is as fol- woman from California (Ms. ESHOO) maining. lows: and a Member opposed each will con- Ms. ESHOO. I yield to the gentleman Amendment No. 6 offered by Mr. CONAWAY: trol 5 minutes. from Michigan (Mr. ROGERS) 11⁄2 min- Page 87, strike line 21 and all that follows The Chair recognizes the gentle- utes. through page 88, line 9, and insert the fol- woman from California. Mr. ROGERS of Michigan. Madam lowing: Ms. ESHOO. Madam Chairman, I rise Chairman, I want to thank my good (a) SENSE OF CONGRESS.—It is the sense of to offer an important amendment to friend, Ms. ESHOO from California. You Congress that— the Intelligence Authorization Act. know, sometimes you can get ahead of (1) it is imperative that intelligence com- Madam Chairman, many of the provi- a problem. We don’t often do that in munity-wide auditability be achieved as sions that I supported and authored are soon as possible; Congress. I think this is a great way to (2) the Business Transformation Office of already in the legislation that was re- get ahead of a problem. the Office of the Director of National Intel- ported out of the committee. Today Given the fact that these individuals ligence has made substantial progress and I’m offering this amendment to address who have, who are doing great things must be of sufficient standing within the Of- a problem that arose after our consid- for their country, we’re thankful for it, fice of the Director of National Intelligence eration of the bill last year. takes sometimes a piece of intellectual to move the plan for core financial system Earlier this month we discovered property that really belongs to the peo- requirements to reach intelligence commu- that intelligence community employ- ple of the United States, and some of it nity-wide auditability forward; (3) as of the date of the enactment of this ees have been starting businesses to is very sensitive, very compartmen- sell private companies the very skills Act, the National Reconnaissance Office is talized. It’s information that is shared the only element of the intelligence commu- they use in their employment for the with very few. So it is an incredible re- nity to have received a clean audit; and government. For example, a number of sponsibility. And for us not to have a (4) the National Reconnaissance Office CIA employees launched a company to policy on how we make sure that those should be commended for the long hours and sell deception detection services to people don’t use that information for hard work invested by the Office to achieve hedge funds and ran this company personal gain on the outside of that a clean audit. while they were Federal employees. community, especially the intelligence The Acting CHAIR. Pursuant to I’m very troubled by this. I questioned community, I think is wrong. And I House Resolution 1105, the gentleman the Director of National Intelligence think this is a good measure that puts from Texas (Mr. CONAWAY) and a Mem- about this at HPSCI’s worldwide some really basic protections, not only ber opposed each will control 5 min- threats hearing, and he said he would for them, but for the intelligence com- utes. look into it. While waiting for a formal munity and the people of America. The Chair recognizes the gentleman answer, I discovered, to my great sur- And I want to commend the gentle- from Texas. prise, that this activity had already lady for her work and effort on this. Mr. CONAWAY. Thank you, Madam been approved by their agencies. Clear- And I wholeheartedly support this ef- Chair. ly, we need to tighten up that process. fort. All Federal agencies are required to This amendment is a pretty simple, have conflict of interest guidelines b 1530 straightforward one. It’s about good that set limits on employees’ outside Ms. ESHOO. I want to thank the gen- governance. It’s about protecting the employment. Now, these guidelines are tleman for his support. This is a bipar- assets of the American taxpayer as uti- developed jointly by the agency and by tisan amendment. lized by the intelligence community. the Office of Government Ethics. But I just want to add, Madam Chair, this This bill came out of committee 8 the DNI has not issued intelligence is in no way a ban across the entire months ago. We’ve now learned some community-wide policy guidance on Federal Government and Federal work- things in the last 8 months that we conflicts of interest for outside em- ers. There are some that teach at uni- didn’t know then, and this amendment ployment. versities at night; there are others that would simply substitute a new para- So this amendment does two things. make really very low salaries—GS–1s graph A for the old paragraph A. This First, it requires the DNI to establish in the $17,000 range—that do have some paragraph would simply say it’s an im- an intelligence community-wide con- outside employment. portant initiative for the intelligence flict of interest regulation working in This goes directly to the skill set community to work to get audited fi- connection with, and in conjunction that the American people train these nancial statements across all of the en- with, the Office of Government Ethics CIA officers and others in the intel- tities. This takes a lot of work, a lot of to establish a community-wide process ligence community to do their work effort to make that happen. for checking outside employment for relative to national security. That I’d like to call the Chair’s attention conflicts of interest, and also to submit shouldn’t be sold off in bits and parts to the National Reconnaissance organi- an annual report to the intelligence by moonlighting. zation, who is the only entity within committees on outside employment ac- So I think that we’ve done that re- the intelligence community that has, tivities that were approved in the last spectfully, and I think that we’ve done in fact, achieved an unqualified audit year. it thoughtfully. And I’d like to thank opinion on their financial statements. Second, it would prohibit employees the chairman again for this, Mr. ROG- Under Dr. Scott Large’s leadership, from owning companies that sell skills ERS, and Members that have supported that hard work was done. And then that are related to their government it. I think it’s a good amendment. more directly, Karen Landry, the Chief service. I yield back the balance of my time. Financial Officer for the NRO, and San- I think that government employees, The Acting CHAIR. Who seeks time dra Van Booven, the Director of Finan- and especially those in the intelligence in opposition? cial Management, led an incredible community, should adhere to the high- With no one seeking time in opposi- team to do an awful lot of hard work to est ethical standards. The American tion, the question is on the amendment make that happen. I don’t discount

VerDate Nov 24 2008 04:39 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\CR\FM\A25FE7.019 H25FEPT1 dcolon on DSK2BSOYB1PROD with HOUSE February 25, 2010 CONGRESSIONAL RECORD — HOUSE H887 how hard that is. From my professional (2) DOCUMENTATION.—A notification re- ordinate the conduct of the reports on such experience, I know it’s hard. But quired by paragraph (1) for a cybersecurity program. they’re to be commended as the agency program shall include— (c) INFORMATION SHARING REPORT.—Not (A) the legal justification for the cyberse- later than one year after the date of the en- that has achieved clean audited finan- curity program; actment of this Act, the Inspector General of cial statements. (B) the certification, if any, made pursuant the Department of Homeland Security and As important as that is, it’s an ongo- to section 2511(2)(a)(ii)(B) of title 18, United the Inspector General of the Intelligence ing effort, and I hope that General States Code, or other statutory certification Community shall jointly submit to Congress Bruce Carlson, who is now the leader at of legality for the cybersecurity program; and the President a report on the status of NRO, will continue to lead the efforts (C) the concept for the operation of the cy- the sharing of cyber threat information, in- needed to make that happen. bersecurity program that is approved by the cluding— This is a top-down function. It has to head of the appropriate agency or depart- (1) a description of how cyber threat intelligence information, including classified in- have the initiative of the leadership. ment; (D) the assessment, if any, of the privacy formation, is shared among the agencies and The Office of Director of Intelligence impact of the cybersecurity program pre- departments of the United States and with has to make this a priority. And this pared by the privacy or civil liberties protec- persons responsible for critical infrastruc- amendment would seek to recognize tion officer or comparable officer of such ture; that priority and continue to draw at- agency or department; and (2) a description of the mechanisms by tention to it from our body so that the (E) the plan, if any, for independent audit which classified cyber threat information is executive branch body, in fact, knows or review of the cybersecurity program to be distributed; that we believe that it’s important to carried out by the head of the relevant de- (3) an assessment of the effectiveness of partment or agency of the United States, in such information sharing and distribution; get this done. So it’s a pretty straight- conjunction with the appropriate inspector and forward amendment, Madam Chair. general. (4) any other matters identified by the In- I recognize the hard work of some of (b) PROGRAM REPORTS.— spectors General that would help to fully in- the folks over at NRO is kind of a pat (1) REQUIREMENT FOR REPORTS.—The head form Congress or the President regarding the on the back for having done it cor- of a department or agency of the United effectiveness and legality of cybersecurity rectly, shown us how it can be done, an States with responsibility for a cybersecu- programs. incredible amount of hard work done rity program for which a notification was (d) PERSONNEL DETAILS.— submitted under subsection (a), in consulta- by the team led by Ms. Landry and Ms. (1) AUTHORITY TO DETAIL.—Notwith- tion with the inspector general for that de- standing any other provision of law, the head Van Booven. partment or agency, shall submit to Con- of an element of the intelligence community So, with that, I encourage my col- gress and the President, in accordance with that is funded through the National Intel- leagues on the floor today to support the schedule set out in paragraph (2), a re- ligence Program may detail an officer or em- this good governance amendment that port on such cybersecurity program that in- ployee of such element to the National Cyber would further the hard efforts being cludes— Investigative Joint Task Force or to the De- done across the community to achieve (A) the results of any audit or review of partment of Homeland Security to assist the the cybersecurity program carried out under Task Force or the Department with cyberse- unqualified audit opinions on their fi- the plan referred to in subsection (a)(2)(E), if nancial statements and all of the inter- curity, as jointly agreed by the head of such any; and element and the Task Force or the Depart- nal controls and systems that go be- (B) an assessment of whether the implement. hind that. mentation of the cybersecurity program— (2) BASIS FOR DETAIL.—A personnel detail One final comment. There are some (i) is in compliance with— made under paragraph (1) may be made— tough decisions ahead for Director (I) the legal justification referred to in (A) for a period of not more than three Blair and others to make this happen, subsection (a)(2)(A); and years; and and I encourage them to make those (II) the assessment referred to in sub- (B) on a reimbursable or nonreimbursable section (a)(2)(D), if any; basis. decisions sooner than later. And I en- (ii) is adequately described by the concept courage my colleagues to support the (e) SUNSET.—The requirements and au- of operation referred to in subsection thorities of this section shall terminate on amendment. (a)(2)(C), if any; and December 31, 2012. I yield back. (iii) includes an adequate independent (f) DEFINITIONS.—In this section: The Acting CHAIR. The question is audit or review system and whether improve- (1) CYBERSECURITY PROGRAM.—The term on the amendment offered by the gen- ments to such independent audit or review ‘‘cybersecurity program’’ means a class or tleman from Texas (Mr. CONAWAY). system are necessary. collection of similar cybersecurity oper- The amendment was agreed to. (2) SCHEDULE FOR SUBMISSION OF REPORTS.— ations of an agency or department of the The reports required by paragraph (1) shall United States that involves personally iden- AMENDMENT NO. 7 OFFERED BY MR. ARCURI be submitted to Congress and the President tifiable data that is— The Acting CHAIR. It is now in order according to the following schedule: (A) screened by a cybersecurity system to consider amendment No. 7 printed in (A) An initial report shall be submitted not outside of the agency or department of the House Report 111–419. later than 180 days after the date of the en- United States that was the intended recipi- Mr. ARCURI. Madam Chair, I have an actment of this Act. ent of the personally identifiable data; amendment at the desk. (B) A second report shall be submitted not (B) transferred, for the purpose of cyberse- The Acting CHAIR. The Clerk will later than one year after the date of the en- curity, outside the agency or department of designate the amendment. actment of this Act. the United States that was the intended re- (C) Additional reports shall be submitted cipient of the personally identifiable data; or The text of the amendment is as fol- periodically following the submission of the lows: (C) transferred, for the purpose of cyberse- reports referred to in subparagraphs (A) and curity, to an element of the intelligence Amendment No. 7 offered by Mr. ARCURI: (B) as necessary, as determined by the head community. Insert after section 354 the following new of the relevant department or agency of the (2) NATIONAL CYBER INVESTIGATIVE JOINT section: United States in conjunction with the in- TASK FORCE.—The term ‘‘National Cyber In- SEC. 355. CYBERSECURITY OVERSIGHT. spector general of that department or agen- vestigative Joint Task Force’’ means the (a) NOTIFICATION OF CYBERSECURITY PRO- cy. multi-agency cyber investigation coordina- GRAMS.— (3) COOPERATION AND COORDINATION.— tion organization overseen by the Director of (1) REQUIREMENT FOR NOTIFICATION.— (A) COOPERATION.—The head of each de- the Federal Bureau of Investigation known (A) EXISTING PROGRAMS.—Not later than 30 partment or agency of the United States re- as the Nation Cyber Investigative Joint Task days after the date of the enactment of this quired to submit a report under paragraph Force that coordinates, integrates, and pro- Act, the President shall submit to Congress (1) for a particular cybersecurity program, vides pertinent information related to cyber- a notification for each cybersecurity pro- and the inspector general of each such de- security investigations. gram in operation on such date that includes partment or agency, shall, to the extent (3) CRITICAL INFRASTRUCTURE.—The term the documentation referred to in subpara- practicable, work in conjunction with any ‘‘critical infrastructure’’ has the meaning graphs (A) through (E) of paragraph (2). other such head or inspector general re- given that term in section 1016 of the USA (B) NEW PROGRAMS.—Not later than 30 days quired to submit such a report for such cy- PATRIOT Act (42 U.S.C. 5195c). after the date of the commencement of oper- bersecurity program. The Acting CHAIR. Pursuant to ations of a new cybersecurity program, the (B) COORDINATION.—The heads of all of the President shall submit to Congress a notifi- departments and agencies of the United House Resolution 1105, the gentleman cation of such commencement that includes States required to submit a report under from New York (Mr. ARCURI) and a the documentation referred to in subpara- paragraph (1) for a particular cybersecurity Member opposed each will control 5 graphs (A) through (E) of paragraph (2). program shall designate one such head to co- minutes.

VerDate Nov 24 2008 03:47 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\CR\FM\K25FE7.069 H25FEPT1 dcolon on DSK2BSOYB1PROD with HOUSE H888 CONGRESSIONAL RECORD — HOUSE February 25, 2010 The Chair now recognizes the gen- Act to expand programs to strengthen redundant and is taxing on our intel- tleman from New York. our Nation’s cybersecurity and to re- ligence community. But I think when Mr. ARCURI. I yield myself such quire a cybersecurity workforce assess- we look at what happened during 9/11 time as I may consume. ment to give us a clearer picture of our and the fact that some of the intel- The threat of cyberattack on our cybercapabilities in both the Federal ligence branches of government were computer and Internet infrastructure Government and private sector to com- not sharing information, I think we as well as the threat of cyberwarfare bat future attacks. need to learn something from that. cannot be overstated. The need for con- Given the increasing number and so- In my district, I have an Air Force gressional action to assure adequate phistication of cyberattacks that are research lab that really focuses a great funding is in place to guarantee that being aimed at our networks and the deal on cybersecurity, and I want to our country is prepared for any contin- degree to which we must expand our make sure the information that they’re gency that may arrive in this rel- cybercapabilities, we must also ensure developing and the technologies that atively new area of warfare is critical. that we maintain our oversight abili- they’re developing are being shared I believe, as a nation, our investment ties. My amendment is similar to the with other branches of the military in cybersecurity will be the Manhattan oversight provisions included in the and the intelligence community. And I Project of our generation. Senate legislation, and I ask that all think it’s very important that we allow H.R. 2701 authorizes the funding to Members support these important safe- congressional oversight and that we make this investment a reality. guards. ensure that in our role as Congress- Cyberthreats and attacks are real, and I reserve the balance of my time. men, that we are making sure that they threaten our financial and defense Mr. THORNBERRY. I seek to claim they are doing that, that they are shar- networks every day. Nearly every as- the time in opposition to the amending the information the way they pect of everyday life in our global soci- ment. should. ety is dependent on the security of our The Acting CHAIR. The gentleman So I certainly appreciate your point, cybernetworks. We rely on these sys- from Texas is recognized for 5 minutes. but I think this is one of the places tems to carry virtually all of our busi- Mr. THORNBERRY. I yield myself where it’s critically important that we ness transactions, control our electric such time as I may consume. ensure that the information sharing is grid, emergency communication sys- Madam Chair, I don’t think anyone being done. tems, and even traffic lights. in this House can deny the importance I yield back the balance of my time. The most troubling cyberthreat may of cybersecurity. Certainly the Intel- The Acting CHAIR. The question is be the very real prospect of state-spon- ligence Committee is devoting a great on the amendment offered by the gen- sored cyberattacks against sensitive deal of time and effort to under- tleman from New York (Mr. ARCURI). national security information. We standing the threat to our potential re- The amendment was agreed to. must take steps to protect our sponses and how we go about it. I am AMENDMENT NO. 8 OFFERED BY MR. BURTON OF cyberinfrastructure, but to do that in perhaps, however, a lonely voice ex- INDIANA such a way that we do not infringe on pressing caution about the number of The Acting CHAIR. It is now in order individuals’ rights to privacy. reports that accumulate on top of one to consider amendment No. 8 printed in We have a number of organizations in another year after year after year and House Report 111–419. government that work on cybersecu- Mr. BURTON of Indiana. I have an weigh down our intelligence commu- rity, and we in Congress need to ensure amendment at the desk. that these organizations are sharing nity. The Acting CHAIR. The Clerk will I mentioned earlier that there are 41 this information with each other in an designate the amendment. new reports of one kind or another that effective, reliable, and safe manner. The text of the amendment is as fol- are in the underlying bill. The man- This must be one of our top priorities. lows: ager’s amendment, which we’ve de- Over the next few years, the adminis- Amendment No. 8 offered by Mr. BURTON of tration and the intelligence commu- bated, has at least 17 more reports on Indiana: nity will begin new and unprecedented top of that. And I believe, if you look Page 135, after line 12, insert the following cybersecurity programs to combat at all of the 20, 21 provisions of the new section: these threats with cutting-edge tech- manager’s amendment, there are at SEC. 505. SENSE OF CONGRESS HONORING THE least two reports on cybersecurity plus CONTRIBUTIONS OF THE CENTRAL nologies. These new programs will INTELLIGENCE AGENCY. present new legal and privacy chal- a task force. It is the sense of Congress to— lenges. Now, the issue is important, but sure- (1) honor the Central Intelligence Agency To ensure that Congress can properly ly the goodness—we have some respon- for its contributions to the security of the oversee these programs, my amend- sibility in Congress to pay attention to United States and its allies; ment requires the President to submit the cost in terms of dollars, the cost in (2) recognize the Central Intelligence detailed notifications to Congress on terms of manpower to do all of these Agency’s unique role in combating ter- current and newly created cybersecu- reports that get added on top of the in- rorism; telligence community but often never (3) praise the Central Intelligence Agency rity programs so that Congress may for its success in foiling recent terrorist perform the oversight that the Con- go away, that just stack on top of each plots and capturing senior members of al- stitution requires. other year after year. Qaeda; My amendment sets a preliminary So I appreciate the gentleman’s in- (4) thank the Central Intelligence Agency framework for the administration and terest in cybersecurity. I share that, by for its crucial support of United States mili- congressional oversight to ensure that the way. I think the gentleman’s right tary operations in Afghanistan and Iraq; the government’s national security on the importance of it. But I would (5) commend the men and women who gave programs are consistent with legal au- just encourage him and all Members, their lives defending the United States in the thorities and preserve individuals’ rea- before you come demanding another re- service of the Central Intelligence Agency, port of one sort or another, maybe it especially noting those individuals who re- sonable expectations of privacy. It remain unnamed; and quires the President to notify Congress would be good to inquire as to what it (6) urge the Central Intelligence Agency to of new and existing cybersecurity pro- would take to actually complete that continue its dedicated work in the field of grams and provide Congress with the report, how much money that costs the intelligence-gathering in order to protect program’s legal justification, a general taxpayers. If we do, I think we are the people of the United States. description of its operation, and de- going to be a little more hesitant to The Acting CHAIR. Pursuant to scribe how it impacts privacy and sen- stack report upon report upon report. House Resolution 1105, the gentleman sitive data and to detail any plan for With that, I would yield back the bal- from Indiana (Mr. BURTON) and a Mem- any independent audit or review of the ance of my time. ber opposed each will control 5 min- program. This amendment is a reason- Mr. ARCURI. Madam Chair, I thank utes. able and responsible continuation of the gentleman for his comments, and I The Chair recognizes the gentleman this effort. think he’s right. I think, clearly, the from Indiana. Earlier this month, the House ap- fact that a report is requested simply Mr. BURTON of Indiana. First of all, proved a Cybersecurity Enhancement for the sake of requesting a report is Madam Chair, I want to thank the

VerDate Nov 24 2008 03:54 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\CR\FM\K25FE7.071 H25FEPT1 dcolon on DSK2BSOYB1PROD with HOUSE February 25, 2010 CONGRESSIONAL RECORD — HOUSE H889 Rules Committee for making this Now, we have three Navy SEALs is an attack on the CIA: the enactment of a amendment in order. It is a very right now that are being court- criminal statute that would ban ‘‘cruel, in- straightforward amendment, and it’s martialed, and they are being court- human and degrading treatment.’’ The provision is impossibly vague—who one that I think is very, very impor- martialed because they captured an al knows what ‘‘degrading’’ means? Proponents tant because the CIA has been under Qaeda terrorist in Fallujah in Iraq. will say that they have itemized conduct such intense criticism over the last And this al Qaeda terrorist took four that would trigger the statute (I’ll get to several months—maybe the last few American contractors, tortured them, that in a second), but it is not true. The pro- years—that it’s time to let them know dragged them through the streets, posal says the conduct reached by the stat- and the people of this country know burned their bodies and hung them ute ‘‘includes but is not limited to’’ the that we really appreciate what they’re from a bridge. itemized conduct. (My italics.) That means any interrogation tactic that a prosecutor doing to secure the safety of this coun- He also cut off the head of a leading subjectively believes is ‘‘degrading’’ (e.g., try. person that was over there gathering subjecting a Muslim detainee to interroga- What the bill does is: news and information for the news tion by a female CIA officer) could be the It honors the Central Intelligence media. This guy is really an out-and- basis for indicting a CIA interrogator. Agency for its contributions to the se- out horrible terrorist. Now, when he The act goes on to make it a crime to use curity of the United States and our al- was captured he was turned over to the tactics that have been shown to be effective lies; Iraqi military for 2 days, and he came in obtaining life saving information and that are far removed from torture. It recognizes the Central Intelligence back and he said that he had been hit ‘‘Waterboarding’’ is specified. In one sense, Agency’s unique role in combating ter- in the stomach and they split his lip, I’m glad they’ve done this because it proves rorism; and because of that these three Navy a point I’ve been making all along. It praises the Central Intelligence SEALs are being prosecuted. They are Waterboarding, as it was practiced by the Agency for its success in foiling recent being prosecuted in a court martial. CIA, is not torture and was never illegal terrorist plots and capturing senior What kind of a message does that under U.S. law. The reason the Democrats members of al Qaeda; send to our Navy SEALs, to the people are reduced to doing this is: what they’ve It thanks the Central Intelligence been saying is not true—waterboarding was in the field who are capturing and not a crime and it was fully supported by Agency for its crucial support of U.S. fighting these al Qaeda and Taliban congressional leaders of both parties, who military operations in Afghanistan and terrorists? What kind of a message were told about it while it was being done. Iraq; does that send? We are trying to send On that score, it is interesting to note that It commends the men and women the same kind of message to the CIA while Democrats secretly tucked this provi- who gave their lives defending the operatives who are out there trying to sion into an important bill, hoping no one U.S.—named and unnamed; and, fi- get information that will protect this would notice until it was too late, they nally, country and protect the American peo- failed to include in the bill a proposed Re- It urges the Central Intelligence publican amendment that would have re- ple around the world against these peo- quired full and complete disclosure of Agency to continue its dedicated work ple who want to destroy us and want to records describing the briefings members of in the field of intelligence gathering in destroy our way of life. Congress received about the Bush CIA’s en- order to protect the people of the It really bothers me, and I do appre- hanced interrogation program. Those brief- United States. ciate the House approving this amend- ings, of course, would establish that Speaker I believe that all of us would agree ment that I have introduced. Obviously Pelosi and others knew all about the pro- with everything that is in this amend- it’s something that I think is very im- gram and lodged no objections. Naturally, ment. But I’d like to add just a couple portant. But, in addition to that, I members of Congress are not targeted by of things that I’ve been watching dur- this criminal statute—only the CIA. don’t believe we ought to be sending a More to the point, this shows how politi- ing this debate that really concerns message to the CIA or the Navy SEALs cized law-enforcement has become under the me. or our Special Forces men and women Obama Democrats. They could have b 1545 in the field that we are not going to criminalized waterboarding at any time back them up when they go out and get since Jan. 20, 2009. But they waited until There is language in here that is a terrorist or extract information from now. Why? Because if they had tried to do it going to, I think, have an adverse im- them that is vital in securing the safe- before now, it would have been a tacit admis- sion that waterboarding was not illegal when pact on the Central Intelligence Agen- ty of the people of this country. cy’s agents who are out in the field and the Bush CIA was using it. That would have One of the al Qaeda terrorists they harmed the politicized witch-hunt against doing their job and are trying to pro- are going to bring to New York. The tect us against the terrorists. You John Yoo and Jay Bybee, a key component main al Qaeda terrorist that was in- of which was the assumption that know, some of the things that they say volved in the 9/11 attack, after he was waterboarding and the other tactics they may be abrasive or objectionable to waterboarded about 80 times, and he authorizied were illegal. Only now, when some of the people they are interro- wouldn’t give up information, he fi- that witch-hunt has collapsed, have the gating. The way this language reads, it nally did. He said that there was an at- Democrats moved to criminalize these tactics. It is transparently partisan. could be interpreted to mean that they tempt going to be made to fly a plane are guilty of not following the intent of In any event, waterboarding is not defined into a building in Los Angeles. Had he in the bill. As Marc Thiessen has repeatedly the law in dealing with the terrorists. not choked up and given that informa- Also, there are prison sentences for demonstrated, there is a world of difference tion, we might have lost another 2,000 between the tactic as administered by the people who are involved in terrorist or or 3,000 people like we did on 9/11. CIA and the types of water-torture methods torturous activities such as It just seems silly to me and crazy to that have been used throughout history. The ‘‘waterboarding.’’ I would like to point me that we are not going to allow our waterboarding method used by the CIA in- out to my colleagues, many of whom intelligence-gathering operatives to do volved neither severe pain nor prolonged mental harm. But it was highly unpleasant don’t know this, waterboarding has their job. We ought to be supporting been a technique that has been used in and led especially hard cases like Khalid them completely day and night in any- Sheikh Mohammed (i.e., well-trained, com- the training of U.S. Navy SEALs and thing they do to protect this Nation. our Special Forces people over the mitted, America-hating terrorists) to give us information that saved American lives. The years. [From the National Review Online, Feb. 25, 2010] method was used sparingly—on only three Now, let me say that one more time. individuals, and not in the last seven years. WHILE YOU ARE DISTRACTED BY THE SUMMIT, Waterboarding and other techniques The American people broadly support the OBAMA DEMOCRATS ARE TARGETING THE CIA have been used in the training of our availability of this non-torture tactic in a Navy SEALs so they would know how (By Andy McCarthy) dire emergency. Yet Democrats not only to deal with an enemy if they were cap- The Obama Democrats have outdone them- want to make it unavailable; they want to tured, and it’s been used by Special selves. subject to 15 years’ imprisonment any inter- While the country and the Congress have rogator who uses it. Forces military personnel in their their eyes on today’s dog-and-pony show on What’s more, the proposed bill is directed training. So it has never been consid- socialized medicine, House Democrats last at ‘‘any officer or employee of the intel- ered torture by our own military per- night stashed a new provision in the intelligence community’’ conducting a ‘‘covered sonnel. ligence bill which is to be voted on today. It interrogation.’’ The definition of ‘‘covered

VerDate Nov 24 2008 03:54 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\CR\FM\K25FE7.074 H25FEPT1 dcolon on DSK2BSOYB1PROD with HOUSE H890 CONGRESSIONAL RECORD — HOUSE February 25, 2010 interrogation’’ is sweeping—including any amendment, even though I am not op- selves that the message we need to interrogation done outside the U.S., in the posed to the amendment. send them is that we support their course of a person’s official duties on behalf The Acting CHAIR. Without objec- work. The message we should send of the government. Thus, if the CIA used tion, the gentleman from Texas is rec- waterboarding in training its officers or them is that we honor them for their military officers outside the U.S., this would ognized for 5 minutes. service to this great country. theoretically be indictable conduct under There was no objection. The message that we deliver to the the statute. Mr. REYES. Madam Chair, I yield families of those victims of the Khost Waterboarding is not all. The Democrats’ myself such time as I may consume. bombing is that we will support them. bill would prohibit—with a penalty of 15 Madam Chair, I want to tell the gen- We will have our differences politi- years’ imprisonment—the following tactics, tleman I appreciate him wanting to cally, we will articulate those dif- among others: honor the personnel of the Central In- —‘‘Exploiting the phobias of the indi- ferences, but we will never stop sup- vidual’’ telligence Agency. As I have said many porting the great work that the men —Stress positions and the threatened use times on the floor, I have had the privi- and women of the Central Intelligence of force to maintain stress positions lege of visiting with members of the Agency do for all of us. —‘‘Depriving the individual of necessary CIA and members of their families, With that, I yield back the balance of food, water, sleep, or medical care’’ members of the CIA throughout the my time. —Forced nudity —Using military working dogs (i.e., any world under probably the most difficult The Acting CHAIR. The question is use of them—not having them attack or of circumstances. I understand the on the amendment offered by the gen- menace the individual; just the mere pres- hardships that they face. tleman from Indiana (Mr. BURTON). ence of the dog if it might unnerve the de- Most recently, I was with family The amendment was agreed to. tainee and, of course, ‘‘exploit his phobias’’) members and survivors of the Khost AMENDMENT NO. 9 OFFERED BY MR. HOLT —Coercing the individual to blaspheme or bombing, which illustrates the danger violate his religious beliefs (I wonder if The Acting CHAIR. It is now in order Democrats understand the breadth of seem- they put themselves in willingly to to consider amendment No. 9 printed in ingly innocuous matters that jihadists take protect our country. I would also re- House Report 111–419. to be violations of their religious beliefs) mind the gentleman that we should not Mr. HOLT. Madam Chair, I have an —Exposure to ‘‘excessive’’ cold, heat or mix and compare apples to oranges. amendment at the desk. ‘‘cramped confinement’’ (excessive and There is a big difference between a The Acting CHAIR. The Clerk will cramped are not defined) training exercise that simulates designate the amendment. —‘‘Prolonged isolation’’ —‘‘Placing hoods or sacks over the head of waterboarding and waterboarding an The text of the amendment is as fol- the individual’’ individual for 183 times. That’s a huge lows: Naturally, all of these tactics are inter- difference. Amendment No. 9 offered by Mr. HOLT: spersed with such acts as forcing the per- The other thing I would point out is At the end of subtitle A of title V, add the formance of sexual acts, beatings, electric that when the last administration de- following new section: shock, burns, inducing hypothermia or heat cided to take us down that road, that SEC. 505. REVIEW OF INTELLIGENCE TO DETER- injury—as if all these acts were functionally enhanced interrogation techniques MINE IF FOREIGN CONNECTION TO equivalent. ANTHRAX ATTACKS EXISTS. In true Alinskyite fashion, Democrats would be authorized and approved. (a) REVIEW.—The Inspector General of the begin this attack on the CIA by saluting There has been a great amount of dis- Intelligence Community shall conduct a re- ‘‘the courageous men and women who serve agreement in terms of the legal author- view of available intelligence, including raw honorably as intelligence personnel and as ization of these techniques, considered and unfinished intelligence, to determine if members of our nation’s Armed Forces’’ who torture by most anybody’s standards. I there is any credible evidence of a connec- ‘‘deserve the full support of the United would also remind us that the CIA did tion between a foreign entity and the at- States Congress.’’ Then, Democrats self- not have any expertise in tacks on the United States in 2001 involving servingly tell us that Congress ‘‘shows true anthrax. support’’ by providing ‘‘clear legislation re- waterboarding. They had to actually go (b) REPORT.— lating to standards for interrogation tech- out and contract DOD personnel to be (1) IN GENERAL.—The Inspector General niques.’’ I’m sure the intelligence commu- able to acquire that technique. It puts shall submit to the Permanent Select Com- nity will be duly grateful. them in a tough situation. mittee on Intelligence, the Committee on Democrats also offer ‘‘findings’’ that the I will tell you what I hear from the Homeland Security, and the Committee on tactics they aim to prohibit cause terrorism men and women of the Central Intel- the Judiciary of the House of Representa- by fueling recruitment (we are never sup- tives and the Select Committee on Intel- posed to discuss the Islamist ideology that ligence Agency. They understand the difference between politics and bad pol- ligence, the Committee on Homeland Secu- actually causes terrorist recruitment, only rity and Governmental Affairs, and the Com- the terrible things America does to provide icy. They understand the difference be- mittee on the Judiciary of the Senate a re- pretexts for those spurred by that ideology). tween doing the kinds of things that port containing the findings of the review These ‘‘findings’’ repeat the canards that they are expected to do to keep our conducted under subsection (a). these tactics don’t work; that they place our country safe and responding to the (2) FORM.—The report under paragraph (1) captured forces in greater danger (the truth kind of political spin that, unfortu- shall be submitted in unclassified form, but is our forces captured by terrorists will be may include a classified annex. abused and probably killed no matter what nately, we hear about their work. we do, while our enemies captured in a con- But, the one thing that comes across The Acting CHAIR. Pursuant to ventional war will be bound to adhere to when I hear from them is they appre- House Resolution 1105, the gentleman their Geneva Convention commitments—and ciate the support that they receive from New Jersey (Mr. HOLT) and a will have the incentive to do so because they from the Congress. They appreciate the Member opposed each will control of 5 will want us to do the same); and that ‘‘their fact that regardless of what side of the minutes. use runs counter to our identity and values aisle we sit on, we respect the work The Chair recognizes the gentleman as a nation.’’ that they do. from New Jersey. Unmentioned by the Obama Democrats is that officers of the executive branch have a We, despite all of the arguments that Mr. HOLT. Madam Chair, as you may solemn moral duty to honor their commit- are proffered here in this great Cham- know, the Federal Bureau of Investiga- ment to protect the American people from ber, in the final analysis they know tion announced last week that it is for- attack by America’s enemies. If there are that they have a job to do. They know mally closing its investigation into the non-torture tactics that can get a Khalid that they have a duty to perform. They 2001 anthrax attacks, a major bioter- Sheikh Mohammed to give us information know that they are committed profes- rorist attack on America. Those at- that saves American lives, how is the use of sionals and that they expect and de- tacks are believed to have originated them inconsistent with our values? Here is the fact: Democrats are saying serve the support of every member of from a postbox in New Jersey, dis- they would prefer to see tens of thousands of this Chamber. That’s why I appreciate rupting the lives and livelihoods of Americans die than to see a KSM subjected the gentleman’s sponsoring this many of my constituents and yours. to sleep-deprivation or to have his ‘‘phobias amendment. We already know that the FBI too exploited.’’ I doubt that this reflects the val- That’s why I think we ought to ac- quickly jumped to conclusions about ues of most Americans. cept it. I accept it. I think we ought to the nature and the profile of the cul- Mr. REYES. Madam Chair, I rise to leave it at that and leave the politics prit or culprits and quickly zeroed in claim time in opposition to the Burton and leave the rhetoric and remind our- on one individual who later received a

VerDate Nov 24 2008 04:39 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 E:\CR\FM\A25FE7.024 H25FEPT1 dcolon on DSK2BSOYB1PROD with HOUSE February 25, 2010 CONGRESSIONAL RECORD — HOUSE H891 multimillion dollar settlement and whole,’’ he wrote. ‘‘I’m curious as to Amendment No. 10 offered by Mr. CASTLE: apology for mistaken accusations. why they closed the case while the Na- Insert after section 354 (page 69, after line Subsequently, the investigators fo- tional Academy of Science review is 15) the following new section: SEC. 355. REITERATION OF REQUIREMENT TO cused on another individual, who then still ongoing. Is it because the review SUBMIT REPORT ON TERRORISM FI- killed himself. Although the FBI never is going unfavorable for the FBI? NANCING. produced any physical evidence tying ‘‘Ivins’ death came about a month Not later than 180 days after the date of that individual specifically to the at- after the Justice Department agreed to the enactment of this Act, the President, tacks, they closed the case. pay an out-of-court settlement valued acting through the Secretary of the Treas- Indeed, this investigation was at $5.85 million to scientist Steven ury, shall submit to Congress the report re- botched at multiple points, which is quired to be submitted under section 6303(a) Hatfill, who had long been the key sus- of the Intelligence Reform and Terrorism why reexamining it is so important. pect in the case. Hatfill had sued the Prevention Act of 2004 (Public Law 108-458; Given that the samples of the strain of Justice Department, which had labeled 118 Stat. 3750). anthrax that was used in the attacks him ‘a person of interest.’ He alleged The Acting CHAIR. Pursuant to may have been supplied to foreign lab- that the Federal Government went on House Resolution 1105, the gentleman oratories, we think it’s prudent to have a smear campaign and leaked informa- from Delaware (Mr. CASTLE) and a the Inspector General of the intel- tion that was damaging to his reputa- Member opposed each will control 5 ligence community examine whether tion.’’ minutes. or not evidence of a potential foreign Apparently they agreed they had. The Chair recognizes the gentleman connection to the attacks was over- They paid him $5.85 million. They sub- from Delaware. looked, ignored, or simply not passed sequently agreed, conceded that he was Mr. CASTLE. Madam Chair, I yield along to the FBI. not involved in the case. myself such time as I may consume. Mr. BARTLETT and I are offering an Gary Andrews, another former chief This amendment, offered with Mr. amendment that would require the In- of the bacteriology lab in Frederick, LYNCH, requires the President, through spector General to examine whether or said it wouldn’t have been unusual for the Secretary of the Treasury, to sub- not evidence of a potential foreign con- Ivins to work odd hours because he was mit to Congress a comprehensive re- nection to the attacks was overlooked, working with animals, and it was more port on terrorism financing that was ignored or simply not passed along. convenient to do it then. He says that first mandated by the Intelligence Re- The report would be unclassified with a ‘‘Bruce didn’t have the skill to make form Bill of 2004, but has yet to be sub- classified annex and would go to Intel- spore preps of that concentration. He mitted. ligence, Foreign Affairs, Judiciary and never ever could make a spore prep Following the 9/11 terrorist attacks, Homeland Security Committees. like the ones found in the letters.’’ our government acted quickly to com- To date, there has been no inde- The Acting CHAIR. The time of the bat terrorist financing. However, post- pendent comprehensive review of this gentleman has expired. 9/11 terrorist financing has become investigation, and a number of impor- Mr. HOLT. I yield the gentleman an more decentralized, and those involved tant questions remain unanswered. additional 30 seconds. are using less sophisticated means to This amendment would address one of b 1600 move money and avoid official banking those questions. systems. Terrorist financiers are ex- I reserve the balance of my time. Mr. BARTLETT. Thank you very ploiting new technology to transfer May I ask how much time is remain- much for your lead in this. money electronically and employing ing? This has been devastating to my con- money laundering schemes to cover up The Acting CHAIR. The gentleman stituents and the scientists at Fort their activities. from New Jersey has 3 minutes remain- Detrick. This needs to be brought to a In response to the 9/11 Commission ing. proper close. They did not believe he recommendations, Congress passed the Mr. HOLT. Madam Chair, I yield 2 would have done it; the FBI said earlier Intelligence Reform and Terrorism minutes to the gentleman from Mary- on he couldn’t have done it. Thank you Prevention Act of 2004. Section 6303 of land (Mr. BARTLETT). very much for leading in this. this 2004 law required the President to Mr. BARTLETT. I thank the gen- Mr. HOLT. Madam Chair, it is beyond submit to Congress a comprehensive tleman for yielding. I want to thank question that the FBI jumped to con- report evaluating and making rec- him very much for his initiative in this clusions at least once, perhaps more ommendations on the current state of effort. Dr. Ivins was my constituent, than once, and many questions remain. U.S. efforts to fight terror financing. the laboratory at which he worked is in This amendment would address one of This important report was due in Sep- my district, indeed, just a few miles those questions. tember of 2005, but it has never been from my home, so I was very much in- Beyond this amendment, we still completed. volved in this case. His colleagues say need a more complete examination of Multiple U.S. Government depart- that he would not have done it, and the our government’s response to these at- ments and agencies are involved in the FBI said early on that he could not tacks, the most serious bioterrorist at- effort to combat terrorist financing, in- have done it because the spores were tack against the United States. This cluding Treasury, Justice Department, weaponized, and he had no ability to do will look at whether there is a foreign Homeland Security, State Department, that. More recently, they have been connection to those attacks that has Defense Department, FBI and the CIA. saying something a bit different than been overlooked, ignored, or not pur- These various entities are to be com- that. sued. mended for their efforts to track and I have here some quotes that I think Madam Chair, I yield back the bal- disrupt complex terrorist financing will be relevant here. Jeffrey ance of my time, asking support for schemes since 2001. Still, with so many Adamovicz, the former chief of bacteri- this amendment. government entities involved in com- ology—‘‘former’’ is important here, be- The Acting CHAIR. The question is bating terrorist financing, it is critical cause they would not let the current on the amendment offered by the gen- that we heed the lessons of the past scientist at Fort Detrick talk to me. tleman from New Jersey (Mr. HOLT). and undertake a thorough assessment He just left. The former chief of bac- The amendment was agreed to. of our progress. teriology for the U.S. Army Medical AMENDMENT NO. 10 OFFERED BY MR. CASTLE The amendment I am offering today Research Institute for Infectious Dis- The Acting CHAIR. It is now in order with Congressman LYNCH reiterates eases in Frederick, Maryland, where to consider amendment No. 10 printed Congress’ requirement that the Presi- Ivins worked, wrote to The Frederick in House Report 111–419. dent undertake a thorough evaluation News-Post expressing serious mis- Mr. CASTLE. Madam Chairwoman, I of our efforts to disrupt terrorist fi- givings about the FBI findings that have an amendment at the desk. nancing, including the ability to co- Ivins sent the deadly letters that killed The Acting CHAIR. The Clerk will ordinate our intelligence and keep pace 5 and sickened 17 in 2001. designate the amendment. with evolving trends. ‘‘The evidence is still very cir- The text of the amendment is as fol- The bottom line is that terrorists cumstantial and unconvincing as a lows: need money to operate, and we need to

VerDate Nov 24 2008 03:54 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 E:\CR\FM\K25FE7.078 H25FEPT1 dcolon on DSK2BSOYB1PROD with HOUSE H892 CONGRESSIONAL RECORD — HOUSE February 25, 2010 be fully prepared and adaptable to touch with the administration. We unique skill set that these veterans combating their ability to access these know that they’re aware of this, and have that are absolutely perfectly suit- funds. There is no room for delay in hopefully it can be completed. I think ed for intelligence and national secu- this endeavor, especially since top U.S. it may help with the safety of our rity work. intelligence officials indicate a pos- country and perhaps dealing with the What I am asking for in this amend- sible likelihood of another attempted financing of terrorists in this world, so ment is to make sure there is a level terrorist attack on the United States we look forward to it. playing field for these warriors. A large at some time in the relatively near fu- I appreciate the support. I also appre- number of our troops are coming back; ture. ciate all the words and support of Mr. and either through a lack of under- Thank you for the opportunity to dis- LYNCH in getting to this point. standing or a misunderstanding, the se- cuss my amendment. I look forward to With that, I encourage everyone to curity adjudicators are either revoking working with the members of the com- support it and yield back the balance or denying security clearances for mittee on these important matters. of my time. wounds that were received, either Madam Chairwoman, I reserve the The Acting CHAIR. The question is physical or mental—PTSD, and oth- balance of my time. on the amendment offered by the gen- ers—during the conflicts that they Mr. LYNCH. Madam Chair, I rise to tleman from Delaware (Mr. CASTLE). served in. claim time in opposition. The amendment was agreed to. What this amendment asks for is it The Acting CHAIR. Without objec- AMENDMENT NO. 11 OFFERED BY MR. WALZ requires the intelligence community to tion, the gentleman from Massachu- The Acting CHAIR. It is now in order educate security clearance adjudica- setts is recognized for 5 minutes. to consider amendment No. 11 printed tors on the nature of these wounds. The There was no objection. in House Report 111–419. purpose is to make sure that they have Mr. LYNCH. Madam Chair, I actually Mr. WALZ. Madam Chair, I have an the best knowledge available to make rise to support my colleague’s amend- amendment at the desk. informed decisions and give our return- ment. The Acting CHAIR. The Clerk will ing warriors the opportunity to receive As the co-chairman of the Task designate the amendment. their clearances, to retain their clear- Force on Terrorist Financing and Pro- The text of the amendment is as fol- ances, and then go on to further serve liferation, I, too, am well aware that lows: this Nation in these critical capacities. having an effective strategy on tar- Amendment No. 11 offered by Mr. WALZ: So I thank the committee for their geting the sources of terrorists in fi- Page 85, after line 20 insert the following: work. The Intelligence Committee, the nancing their operations is a very im- (d) EDUCATION ON COMBAT-RELATED INJU- Armed Services and the Veterans’ Af- portant part of our strategy. RIES.—Section 3001 of the Intelligence Re- fairs Committee are all in support of This straightforward amendment of- form and Terrorism Prevention Act of 2004 this. I think it will go a long ways to- fered by my friend, Mr. CASTLE of Dela- (50 U.S.C. 435b) is amended— ward leveling the playing field and al- ware, simply restates the basic require- (1) by redesignating subsection (i) as sub- lowing this Nation to use the incred- ment that the President, through the section (j); and ible skills and resources that those Treasury Department, report to Con- (2) by inserting after subsection (h) the following new subsection: wounded warriors bring back, but still gress on the current status of U.S. ef- ‘‘(i) EDUCATION ON COMBAT-RELATED INJU- have the capacity to serve. forts to combat terrorism financing. RIES.— This reporting requirement is not new; With that, Madam Chair, I reserve ‘‘(1) IN GENERAL.—The head of the entity the balance of my time. in fact, it was mandated in the Intel- selected pursuant to subsection (b) shall ligence Reform and Terrorist Preven- take such actions as such head considers Mr. BURTON of Indiana. Madam tion Act of 2004. A report was due out necessary to educate each authorized adju- Chair, I rise in opposition to the in 2005, but here today it has yet to be dicative agency that is an element of the in- amendment. submitted. telligence community on the nature of com- The Acting CHAIR. The gentleman bat-related injuries as they relate to deter- I’ve had an opportunity, as co-chair from Indiana is recognized for 5 min- minations of eligibility for access to classi- utes. of the task force, to spend a lot of time fied information for veterans who were de- with our Treasury employees, very ployed in support of a contingency oper- Mr. BURTON of Indiana. I agree with brave and courageous Treasury and ation. what the gentleman said about our State Department employees, in Af- ‘‘(2) DEFINITIONS.—In this subsection: wounded warriors and how we ought to ghanistan and Pakistan and Jordan ‘‘(A) CONTINGENCY OPERATION.—The term be giving them all the support that we and the Maghreb, North Africa; and ‘contingency operation’ has the meaning possibly can, but the reason I took this they’re doing wonderful and coura- given the term in section 101(a)(13) of title time in opposition is because the chair- 10, United States Code. geous work. However, that much being man and I couldn’t reach an agreement ‘‘(B) INTELLIGENCE COMMUNITY.—The term to discuss one of the provisions in the said, Congress still retains its over- ‘intelligence community’ has the meaning sight responsibility; and without this given the term in section 3(4) of the National bill. report we are not able to be certain, I Security Act of 1947 (50 U.S.C. 401a(4)). I sincerely feel, Madam Chairman, think, that we have an accurate pic- ‘‘(C) VETERAN.—The term ‘veteran’ has the that we are endangering our capability ture of the entire antiterrorist financ- meaning given the term in section 101(2) of of getting information from terrorists ing protocol and we are not fully in- title 38, United States Code.’’. because we are limiting our CIA and formed as to whether or not we are op- The Acting CHAIR. Pursuant to our intelligence officials with this leg- erating as effectively as we could be. House Resolution 1105, the gentleman islation and these procedures that they Only by understanding where we cur- from Minnesota (Mr. WALZ) and a can use to elicit that information. I rently stand—what our strengths are Member opposed each will control 5 know there are some differences of and, indeed, what our weaknesses are— minutes. opinion, and I know we have in our can we ensure that the best possible The Chair recognizes the gentleman hearts the best security that we can strategy for cutting out terrorist fi- from Minnesota. think of for the American people, but nancing is ultimately accomplished. Mr. WALZ. Thank you, Madam the one thing that really, really both- Again, I want to thank Congressman Chairwoman. And I thank the chair- ers me is we’re telling CIA officials— CASTLE, the gentleman from Delaware, man of the committee and the ranking and some of our military people in the for his support of this amendment, and member for your work in securing our field, not with this bill—but we are I urge my colleagues to support it. Nation and bringing this piece of legis- telling a lot of our intelligence officials Madam Chair, I yield back the bal- lation to the floor. and people in the field that they have ance of my time. The amendment that I am offering, to be very, very careful and walk on Mr. CASTLE. Madam Chairwoman, Madam Chair, serves a twofold purpose. eggs when they are trying to get infor- we hope this report can be done rel- First, it allows us to fulfill our obliga- mation from a terrorist, al Qaeda or atively soon. The amendment actually tion to our returning combat veterans Taliban terrorist, to make sure that we allows for 180 days more from this time coming back and integrating back into aren’t violating or torturing them in in order to submit it. We have been in civilian life. And it also recognizes the any way.

VerDate Nov 24 2008 03:54 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00058 Fmt 4634 Sfmt 0634 E:\CR\FM\K25FE7.081 H25FEPT1 dcolon on DSK2BSOYB1PROD with HOUSE February 25, 2010 CONGRESSIONAL RECORD — HOUSE H893 The American people certainly don’t The amendment was agreed to. Member opposed each will control 5 want torture, and there is a big dif- AMENDMENT NO. 12 OFFERED BY MR. SCHAUER minutes. ference of opinion on whether or not The Acting CHAIR. It is now in order The Chair recognizes the gentleman water boarding, for instance, is tor- to consider amendment No. 12 printed from Michigan. ture. But the fact of the matter is if we in House Report 111–419. Mr. SCHAUER. Madam Chair, I yield have another major attack like the one Mr. SCHAUER. Madam Chairman, I myself such time as I may consume. we had on 9/11, the American people are have an amendment at the desk. As a member of the Aviation Sub- going to come down like a ton of bricks The Acting CHAIR. The Clerk will committee of the Transportation and on the people in this House that put re- designate the amendment. Infrastructure Committee, I believe it strictions on our intelligence-gath- The text of the amendment is as fol- is critical for the Director of National ering capability. They’re going to say, lows: Intelligence to submit to Congress a report on the attempted bombing of why didn’t you do whatever it took to Amendment No. 12 offered by Mr. SCHAUER: secure the safety of the people of this Insert after section 354 the following new Northwest Flight 253. country? And because we are putting section: The failed Christmas day attack over this language in this bill, we are saying SEC. 355. REPORT ON ATTEMPT TO DETONATE Detroit reinforces the notion that the to the CIA and the other intelligence EXPLOSIVE DEVICE ON NORTHWEST threat of al-Qaeda is real and that our agencies, you’ve got to be real careful; AIRLINES FLIGHT 253. intelligence community, whether Not later than 180 days after the date of under a Democratic or Republican ad- you’ve got to make absolutely sure you the enactment of this Act, the Director of don’t do something that might get you ministration, must improve the way it National Intelligence shall submit to Con- protects the United States against ter- in trouble and might even put you in gress a report on the attempt to detonate an jail. explosive device aboard Northwest Airlines rorist attacks. And when you say things like that to flight number 253 on December 25, 2009. Such b 1615 the people that are out there in the report shall describe any failures to share or People in Michigan want answers. field risking their lives, what you do is analyze intelligence or other information within or between elements of the United My amendment says, not later than you intimidate them, maybe not inten- 180 days after the date of enactment of tionally, but you intimidate them and States Government and the measures that the intelligence community has taken or the act, the Director of National Intel- you stop the possibility of getting all will take to prevent such failures, includ- ligence shall submit to Congress a re- the information that we need to pro- ing— port on the attempt to detonate an ex- tect this country. (1) a description of the roles and respon- plosive device aboard Northwest Air- Now, I know there is a disagreement; sibilities of the counterterrorism analytic lines Flight No. 253 on December 25, I just talked to some people on the components of the intelligence community 2009. other side. Khalid Sheikh Mohammed in synchronizing, correlating, and analyzing This amendment will require the Di- all sources of intelligence related to ter- was water boarded 80-something times, rector of National Intelligence to re- I think, or something like that; and rorism; (2) an assessment of the technological ca- port to Congress information about when he first started out, he said, well, pabilities of the intelligence community to any failures to share or to analyze in- you’ll find out what’s going to happen. assess terrorist threats, including— telligence within or between elements And later, after he was water boarded, (A) a list of all databases used by counter- of the Federal Government related to he said, yes, there was going to be a terrorism analysts; this failed terrorist attack. plane that was going to fly into a (B) a description of the steps taken by the More importantly, the Director of building in Los Angeles. Well, that intelligence community to integrate all rel- National Intelligence also must submit plane, had it flown into a building in evant terrorist databases and allow for cross- a description of the measures that the Los Angeles, might have killed another database searches; and (C) a description of the steps taken by the intelligence community has taken or 2,000 or 3,000 people. intelligence community to correlate bio- will take to prevent such failures from And so the only reason I came here is graphic information with terrorism-related occurring again. This would include in- to just say, let’s don’t break the legs of intelligence; formation on how the government in- our intelligence officers who are trying (3) a description of the steps taken by the tends to improve the interoperability to protect this country. It’s just too intelligence community to train analysts on of terrorist screening databases and to important. We ought to be doing every- watchlisting processes and procedures; improve airline watch listing proce- thing we can to back them up to make (4) a description of how watchlisting infor- dures. These tools are critical in pre- mation is entered, reviewed, searched, ana- sure this country is safe. Our intel- venting terrorists from getting an op- ligence people are telling us right now lyzed, and acted upon by the relevant elements of the intelligence community; portunity to kill innocent civilians. we’re likely to have another attack (5) a description of the steps the intel- It is imperative that Congress be within the next 6 months or 1 year. So ligence community is taking to enhance the fully informed so that it may conduct we ought to be giving every intel- rigor and raise the standard of tradecraft of rigorous oversight on this important ligence agency and every officer we intelligence analysis related to uncovering national security concern. possibly can all the support they need and preventing terrorist plots; I appreciate President Obama’s can- to stop that. (6) a description of the processes and proce- dor and openness when speaking to the With that, I thank you very much for dures by which the intelligence community American people about the improve- yielding and yield back the balance of prioritizes terrorism threat leads and the ments needed to our intelligence com- standards used by elements of the intel- my time. ligence community to determine if follow-up munity, and I applaud the President Mr. WALZ. I hope I have the gentle- action is appropriate; for taking swift action in ordering a man’s support on this bill, providing (7) a description of the steps taken to en- thorough review of the incident. Presi- the trained and courageous veterans hance record information on possible terror- dent Obama has stated his willingness who are returning home. We are not ists in the Terrorist Identities Datamart En- to work with Congress to solve this asking for preferential treatment. vironment; problem. This amendment will help en- What we are asking is that our adju- (8) an assessment of how to meet the chal- sure that Congress will be fully briefed dicators be clearly informed what these lenge associated with exploiting the ever-in- on the results of that review. I urge the combat veterans have gone through, creasing volume of information available to the intelligence community; and full support of this amendment. making sure we are able to bring them (9) a description of the steps the intel- I yield 1 minute to the gentleman back, place them in their positions if ligence community has taken or will take to from Texas (Mr. REYES). they choose to continue to serve this respond to any findings and recommenda- Mr. REYES. Madam Chair, I want to Nation. I would ask for the support of tions of the congressional intelligence com- say I appreciate the amendment and this body on this amendment. mittees, with respect to such failures, that the gentleman’s interest. Madam Chair, I yield back the bal- have been transmitted to the Director of Na- This amendment would require the ance of my time. tional Intelligence. director of the DNI to submit to the In- The Acting CHAIR. The question is The Acting CHAIR. Pursuant to telligence Committees a report on the on the amendment offered by the gen- House Resolution 1105, the gentleman attempted bombing of Northwest Air- tleman from Minnesota (Mr. WALZ). from Michigan (Mr. SCHAUER) and a lines Flight No. 253.

VerDate Nov 24 2008 03:54 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00059 Fmt 4634 Sfmt 0634 E:\CR\FM\K25FE7.083 H25FEPT1 dcolon on DSK2BSOYB1PROD with HOUSE H894 CONGRESSIONAL RECORD — HOUSE February 25, 2010 This report would provide an assess- in those 2 months to identify the issue, and I am proud to support the ment on any failures to share informa- threat and respond to it? Schauer amendment because it will tion within or between elements of the Are those the kind of questions that help ensure that we learn as much as Federal Government and the measures you might see which could also be ad- possible about the failures that allowed that the intelligence community has dressed in this or are these outside of the events of Christmas Day 2009 to taken or will take to prevent such fail- the scope of what you are looking for? transpire. ures in the future. I yield to my colleague from Michi- I urge the adoption of this amend- This report also covers issues such as gan. ment. analytic tradecraft, watch listing pro- Mr. SCHAUER. Thank you, Mr. Mr. HOEKSTRA. Madam Chair, I will cedures, technical deficiencies, train- HOEKSTRA, and thank you for your not oppose the amendment. As a mat- ing database management. Many of the leadership on the Intelligence Com- ter of fact, I will support the amend- elements of this report mirror portions mittee. ment in its larger context, recognizing of the review of the DNI, which they Absolutely, my amendment deals di- that this report by the DNI has to in- are currently doing. rectly with having the Director of Na- clude the time prior to Fort Hood, the Requiring the DNI to provide this re- tional Intelligence describe failures Fort Hood attack, and then the time port will allow the Intelligence Com- and to share or to analyze intelligence from Fort Hood until Christmas Day. mittees to conduct rigorous oversight or other information within or between That is the area that we have been try- on this important national security elements of the United States Govern- ing to get information on from the in- concern. ment. So I think it is clearly my intent telligence community over the last 3 or that the dots be connected. Additionally, this amendment re- 4 months, and it has been the area that Mr. HOEKSTRA. Reclaiming my quires the DNI to submit responses to they have been most reluctant to pro- time, I thank my colleague for that any findings or recommendations made clarification because I think that is vide us information on. by the Intelligence Committees. As a matter of fact, when I was in probably the bigger untold story here With that, Madam Chair, I fully sup- Yemen on New Year’s Day, less than 2 of how much and how many insights we port this amendment. months ago, I was specifically prohib- might have had into al Qaeda on the Mr. HOEKSTRA. Madam Chair, I rise ited from getting information on ex- Arabian Peninsula and how we failed to to claim the time in opposition. actly those kinds of questions as to act on that intelligence and how we The Acting CHAIR. The gentleman what did the intelligence community failed, as we’ve now been saying for a from Michigan is recognized for 5 min- know about Awlaki, about al Qaeda on long period of time, to connect those utes. the Arabian Peninsula. The individuals dots, to be able to put in preventative Mr. HOEKSTRA. Madam Chair, I will both in the intel community and with measures and to actually have stopped not oppose the amendment. Although, I the Ambassador were specifically in- Awlaki and al Qaeda on the Arabian do believe, and I would hope that my structed not to share that information, Peninsula from carrying out this at- colleague from Michigan would agree which tells me that there is some infor- tack on Detroit and on the State of that, perhaps, when we are talking mation there, and for some reason, about the scope of this amendment, it Michigan. With that, I reserve the balance of they have not wanted to share that in- is broader than what is just written my time. formation with us. here. Mr. SCHAUER. Madam Chair, how So, with the understanding that that One of the things that we are very, much time remains? type of information will be shared with very concerned about which, I believe, The Acting CHAIR. The gentleman Congress in this report, also then rec- should be included in this—because, from Michigan (Mr. SCHAUER) has 11⁄2 ognizing that this may end up being a like you, I believe, if the intelligence minutes remaining, and the gentleman classified report which you may not community had worked properly, per- from Michigan (Mr. HOEKSTRA) has 11⁄2 have access to unless the committee haps we could have stopped this at- minutes remaining. agrees to provide you access to it, I tack; but this is not just a matter of Mr. SCHAUER. I yield 1 minute 20 support the amendment. I look forward connecting databases and those types seconds to the gentleman from Michi- to the DNI’s completing this report and of things. It is also about missing clues gan (Mr. PETERS). to his submitting it to the committee. that we had that were highlighted be- Mr. PETERS. Madam Chair, I rise With that, I yield back the balance of fore Christmas Day. today in support of the Schauer amend- my time. What am I talking about? ment to the Intelligence Authorization Mr. SCHAUER. I thank Mr. HOEK- We have known for quite some time Act for Fiscal Year 2010. STRA for his support, and I urge Mem- that Awlaki was a concern. We saw Like many Americans, my Christmas bers to support this amendment. kind of a mirror image of what hap- Day spent with family was interrupted Madam Chair, I yield back the bal- pened on Christmas Day a couple of by the news of the attempted terrorist ance of my time. months earlier at Fort Hood, where 14 attack on Northwest Flight No. 253 to The Acting CHAIR. The question is Americans were killed and where 14 Detroit. on the amendment offered by the gen- Americans died in a tragic terrorist at- As a lifelong Michigan resident tleman from Michigan (Mr. SCHAUER). tack, linked to Awlaki, linked to al whose friends, family, and constituents The question was taken; and the Act- Qaeda on the Arabian Peninsula. regularly fly in and out of Detroit Met- ing Chair announced that the ayes ap- I had an amendment that went along ropolitan Wayne County Airport, the peared to have it. those lines, but it was not accepted by Christmas Day attempt was especially Mr. SCHAUER. Madam Chair, I de- the majority, and I think it may well chilling. While it was certainly fortu- mand a recorded vote. have fallen within the scope of the nate that no lives were lost in the The Acting CHAIR. Pursuant to amendment of yours, Mr. SCHAUER, Christmas Day attempt, the attack ex- clause 6 of rule XVIII, further pro- which you are offering, which says: posed serious and unacceptable short- ceedings on the amendment offered by If we had had these insights into al comings in our ability to gather intel- the gentleman from Michigan will be Qaeda on the Arabian Peninsula, if we ligence and to connect the dots. postponed. had had these insights into Awlaki’s I believe that protecting the Amer- Mr. REYES. Madam Chairman, I involvement with Major Hasan, if we ican people is Congress’ number one move that the Committee do now rise. had had these insights into the commu- priority and responsibility. The Christ- The motion was agreed to. nications, the emails, between Hasan mas Day incident showed us that secu- Accordingly, the Committee rose; and Awlaki, what did we do between rity officials need to work more closely and the Speaker pro tempore (Mr. November 5 and Christmas Day to tar- with their counterparts overseas and CAPUANO) having assumed the chair, get Awlaki, to target al Qaeda on the within the United States intelligence Ms. JACKSON LEE of Texas, Acting Arabian Peninsula and to use this in- community to ensure tougher and Chair of the Committee of the Whole formation that these individuals and more coordinated screening. House on the state of the Union, re- this group might be targeting the U.S. I appreciate my friend Congressman ported that that Committee, having and whether we missed opportunities SCHAUER’s leadership on this important had under consideration the bill (H.R.

VerDate Nov 24 2008 03:54 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00060 Fmt 4634 Sfmt 0634 E:\CR\FM\K25FE7.086 H25FEPT1 dcolon on DSK2BSOYB1PROD with HOUSE February 25, 2010 CONGRESSIONAL RECORD — HOUSE H895 2701) to authorize appropriations for The SPEAKER pro tempore. Is there progress towards reaching common fiscal year 2010 for intelligence and in- objection to the request of the gen- ground, and I believe an orderly path telligence-related activities of the tleman from Michigan? forward between now and during the United States Government, the Com- There was no objection. next year will lead us to a much better munity Management Account, and the Mr. CONYERS. I yield myself such result. Central Intelligence Agency Retire- time as I may consume. Now, although this extension doesn’t ment and Disability System, and for Mr. Speaker and Members, this meas- reform underlying law, we recognize other purposes, had come to no resolu- ure before us will extend three provi- there’s some value in a process that tion thereon. sions of our foreign intelligence sur- brings us quickly to another sunset f veillance laws for 1 year. The provi- date. Experience has taught that sions are section 206 of the PATRIOT there’s nothing like an approaching MEDICARE PHYSICIAN PAYMENT Act, governing roving wiretaps; section sunset to bring both the executive REFORM ACT OF 2009 215, which addresses the collection of branch and the other body to the table Mr. CONYERS. Mr. Speaker, pursu- business records; and the so-called with the will to see this resolved. So ant to House Resolution 1109, I call up ‘‘lone wolf surveillance law.’’ while I’d rather pass the Judiciary from the Speaker’s table the bill (H.R. b 1630 Committee bill out and truly make the 3961) to amend title XVIII of the Social reforms that I think are necessary, be- Security Act to reform the Medicare Without extension, these provisions cause of the time constraints that we SGR payment system for physicians, will expire on Sunday coming. find, I recommend that we take the with the Senate amendments thereto, As we consider this short-term exten- next year and continue the process. and ask for its immediate consider- sion, I make these observations: I urge your careful consideration of ation. As one who has found that the USA this very important measure. The Clerk read the title of the bill. PATRIOT Act needs a great deal of im- Mr. Speaker, I reserve the balance of The SPEAKER pro tempore. The provement and that there have been my time. Clerk will designate the Senate amend- many excesses and sometimes abuses of Mr. SMITH of Texas. Mr. Speaker, I ments. these broad powers over the years, I yield myself such time as I may con- The text of the Senate amendments have found that too little consider- sume. is as follows: ation of the impact of this type of sur- Mr. Speaker, the war on terror is veillance on our civil liberties has been Senate amendments: real, and it’s all around us. Despite Strike all after the enacting clause and in- looked into. And that’s why the Judici- multiple attempted terror attacks and sert the following: ary Committee has undergone an ex- a warning of an imminent attack from SECTION 1. EXTENSION OF SUNSETS. tensive process over the past year and our national security experts, appar- (a) USA PATRIOT IMPROVEMENT AND REAU- reported out a bill that attempts to re- ently the best this Congress can do is a THORIZATION ACT OF 2005.—Section 102(b)(1) of form these provisions and enhance con- 1-year extension of our most critical the USA PATRIOT Improvement and Reauthor- gressional oversight. In the other body, national security laws. ization Act of 2005 (Public Law 109–177; 50 the Judiciary Committee has also On Christmas Day Omar Farouk U.S.C. 1805 note, 50 U.S.C. 1861 note, and 50 passed out a bill that improves, in my Abdulmutallab attempted to murder U.S.C. 1862 note) is amended by striking ‘‘Feb- view, the PATRIOT Act. So we’re very 288 innocent civilians by trying to set ruary 28, 2010’’ and inserting ‘‘February 28, close to real reform. off an explosion aboard a Northwest 2011’’. The House bill has new protections (b) INTELLIGENCE REFORM AND TERRORISM flight bound for Detroit. Thankfully, PREVENTION ACT OF 2004.—Section 6001(b)(1) of for library and bookseller records. It he failed in his attempt at mass mur- the Intelligence Reform and Terrorism Preven- clarifies the reach of roving authority der, not because of our national secu- tion Act of 2004 (Public Law 108–458; 118 Stat. to prevent ‘‘John Doe’’ blanket wire- rity procedures but because of his own 3742; 50 U.S.C. 1801 note) is amended by striking taps. It tightens the standards for na- ineptness and the quick response from ‘‘February 28, 2010’’ and inserting ‘‘February tional security letters that have been passengers and crew. But we may not 28, 2011’’. abused in the past. It has extensive be so fortunate the next time. Amend the title so as to read: ‘‘An Act to new reporting oversight and sunset Last November in my home State of extend expiring provisions of the USA PA- provisions to greatly strengthen con- TRIOT Improvement and Reauthorization Texas, Major Nidal Hasan killed 13 and Act of 2005 and Intelligence Reform and Ter- gressional oversight and makes other wounded 30 others when he opened fire rorism Prevention Act of 2004 until February changes to the related provisions of at the Fort Hood Army Base. In Sep- 28, 2011.’’. law. tember three terrorist plots were suc- Please understand, Members, that cessfully thwarted in New York City, MOTION OFFERED BY MR. CONYERS this extension is not the final word on Springfield, Illinois, and Dallas, Texas. Mr. CONYERS. I have a motion at the PATRIOT Act, and what we will do And now intelligence experts warn us the desk. is use the time between now and the that another terrorist attack may be The SPEAKER pro tempore. The year that will elapse to improve and imminent. Yet after all those near Clerk will report the motion. pass real reform. misses, the House majority refuses to The Clerk read as follows: Now, while I would prefer to do this pass a long-term extension of three es- Mr. Conyers moves that the House concur now, it is not to me strategically wise sential PATRIOT Act provisions. in the Senate amendments to H.R. 3961. nor logistically possible to accomplish The PATRIOT Act works. It has The SPEAKER pro tempore. Pursu- this at this time. And with the provi- proven effective time and time again in ant to House Resolution 1109, the mo- sions expiring in a matter of 3 days, preventing terrorist attacks and keep- tion shall be debatable for 1 hour the other body has sent us this exten- ing Americans safe. The expiring provi- equally divided and controlled by the sion bill, so there is no reasonable pos- sions give national security investiga- Chair and ranking minority member of sibility that they could pass a broader tors the authority to conduct roving the Committee on the Judiciary. measure such as a Judiciary-passed bill wiretaps, to seek certain business The gentleman from Michigan (Mr. at this time. records, and to gather intelligence on CONYERS) and the gentleman from In other words, we have no other lone terrorists who are not necessarily Texas (Mr. SMITH) each will control 30 choice but to go along with this exten- affiliated with a specific terrorist minutes. sion because there isn’t sufficient time. group. The Chair recognizes the gentleman Well, tomorrow is the last day of the We cannot afford to play dice with from Michigan. week. It’s physically impossible. So the security of the American people. GENERAL LEAVE under these circumstances, it seems to We must continue these intelligence- Mr. CONYERS. Mr. Speaker, I ask me the best course is to merely main- gathering measures to win our fight unanimous consent that all Members tain the status quo and work with the against terrorists. The Obama adminis- have 5 legislative days to revise and ex- other body and the administration to- tration recognized this last year when tend their remarks and to insert extra- wards some improvements that I have it called for Congress to authorize the neous material on this matter. in mind. I can announce we’ve made expiring provisions without any

VerDate Nov 24 2008 04:32 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00061 Fmt 4634 Sfmt 0634 E:\CR\FM\K25FE7.088 H25FEPT1 dcolon on DSK2BSOYB1PROD with HOUSE H896 CONGRESSIONAL RECORD — HOUSE February 25, 2010 changes that undermine their effec- in the coming year as we look at ways vided with the needed tools to keep us tiveness. Instead of working with the to make sure that we draw that bal- safe, and we in Congress cannot drop administration and listening to na- ance between giving the men and the ball on our national security. We tional security experts, the House ma- women that keep us safe the ability to must reauthorize these provisions now. jority is only offering another short- utilize essential and vital tools and For too long opponents of the PA- term extension. also at the same time ensuring that TRIOT Act have transformed it into a The majority may think that by the rights and the privacy of all Ameri- grossly distorted caricature that bears pushing the reauthorization until after cans are protected. no relationship whatsoever to the leg- the election, they will then be able to With that, I thank you for yielding. islation itself. The PATRIOT Act has pursue legislation to water down these Mr. SMITH of Texas. Mr. Speaker, I been misused by some as a springboard provisions a year from now. But if so, yield 4 minutes to the chairman emer- to launch limitless allegations that are they are playing with fire and innocent itus of the Judiciary Committee, the not only unsubstantiated but are also Americans are the ones who will get gentleman from Wisconsin (Mr. SEN- false and irresponsible. burned. SENBRENNER). b 1645 Mr. Speaker, I reserve the balance of Mr. SENSENBRENNER. Mr. Speak- my time. er, I rise in support of this legislation The fact remains that the USA PA- Mr. CONYERS. Mr. Speaker, I am to extend three provisions of the USA TRIOT Act is vital to maintaining pleased now to yield such time as he PATRIOT Act that are scheduled to ex- America’s safety. The White House and may consume to the chairman of the pire on Sunday. Attorney General have called for ex- Intelligence Committee, Mr. The attacks of September 11, 2001, tension of the three expiring provisions SYLVESTRE REYES, who has served on tragically affirmed the urgency of up- of the PATRIOT Act, and I commend this committee for 10 years. dating our laws to address the clear the administration for recognizing the Mr. REYES. I thank the chairman and present danger presented by inter- value of these important national secu- for his work on this very important national terrorism. Although the rity tools and for rightly urging the and vital issue and also for the oppor- memories of this day may have faded Congress to reauthorize each of them. tunity to speak on an issue that is of in the minds of some Americans, in- This is your administration, Mr. such great importance to our country cluding some of my colleagues, the Speaker and majority Democrats, not and to our country’s national security. danger we face from terrorists and ter- our administration, and they have rec- It is important that we reauthorize rorist organizations has not faded. We ognized the reason for that. the expiring PATRIOT Act and the pro- continue to face an imminent danger, I urge my colleagues to vote in favor visions that the brave men and women made clear by the attempted Christmas of reauthorizing these provisions before of the intelligence community con- Day attack. they expire. tinue to utilize and to have these tools The three provisions scheduled to ex- Mr. CONYERS. Mr. Speaker, I am that they need to keep us all safe. pleased to yield as much time as he This 1-year extension will provide pire are, first, section 206, the roving may consume to the chair of the Con- Congress the opportunity to examine wiretap provisions of the PATRIOT stitution Subcommittee on the House important aspects of the PATRIOT Act Act; second, section 215, the business Judiciary, the gentleman from New and to make substantive changes that record provisions of the PATRIOT Act; York, JERRY NADLER. strike the right balance between pro- and, third, section 6001, the ‘‘lone wolf’’ Mr. NADLER of New York. Thank tecting the rights of Americans and provision of the Intelligence Reform you, Mr. Chairman. protecting our national security. and Terrorism Prevention Act. Recently, I introduced H.R. 3969, the Of particular importance is the lone Mr. Speaker, I rise in opposition to Counterterrorism Authorities Improve- wolf provision, which closes the gap in this motion to concur in the Senate ments Act of 2009. This bill makes im- the Foreign Intelligence Surveillance amendment, which would extend for a provements to the PATRIOT Act which Act that, if allowed to expire, could period of 1 year the sunset of three pro- will strengthen the tools used to com- allow an individual terrorist to slip visions of the USA PATRIOT Act. I bat terrorism and to enhance at the through the cracks and endanger thou- very much regret that we have to be same time the privacy and the rights of sands of innocent lives. When FISA was here today in this situation and that I Americans. originally enacted in the 1970s, terror- have to oppose this legislation. I under- Additionally, both the House and the ists were believed to be members of an stand we are facing a deadline of this Senate Judiciary Committees have identified group. That’s not the case weekend, but I also believe that we passed PATRIOT Act reauthorization today, and we need to respond accord- have an obligation to do more than bills that would make important im- ingly. punt. That is effectively what we are provements in the law that will in- Many modern-day terrorists may doing today. We are punting this ques- crease oversight while at the same subscribe to a movement or certain be- tion to the next Congress. time preserving critical intelligence liefs but do not belong to or identify Both the House and the Senate have authorities. themselves with a specific terrorist worked hard to examine not just these Some of the more important changes group. Allowing the lone wolf provision three provisions, but the entire PA- proposed by the House and the Senate to expire could impede our ability to TRIOT Act, and to craft legislation include: one, modifying the FISA gather intelligence about perhaps the that would improve its effectiveness, standard for obtaining business records most dangerous terrorists operating and that would better protect the civil to ensure that the government is re- today. Regarding the lone wolf provi- liberties of all Americans. That process quired to show a connection to ter- sion, FBI Director Mueller stated that should be allowed to continue. Today, rorism; two, requiring a higher stand- ‘‘while we have not used it with regard with this vote, that process effectively ard to obtain library or bookseller to an indictment, it continues to be ends. records; three, increasing public re- available for that individual whom we The PATRIOT Act was passed at a porting on the use of national security lack evidence to put with a particular time of panic, and in an extremely letters and FISA, including their im- terrorist group but does present a rushed manner. Many of its provisions pact on the privacy of Americans, a threat as an international terrorist.’’ were not well thought out, which is right that we all cherish; and, finally, The close call we had on Christmas why Congress decided that certain number four, requiring the Inspector Day demonstrates the need for tough parts of the PATRIOT Act should be General of the Department of Justice laws like the PATRIOT Act. Terrorist enacted on a temporary basis so that to conduct regular audits of the use of organizations appear to be stepping up we could revisit them after we had these authorities. I am confident that a their efforts against us, and we cannot time to see how they worked. 1-year extension will provide Congress let this happen. Our national security The original passage of the bill in with sufficient time to make these im- is at stake and so are the lives of thou- 2001 was hijacked at the last minute in portant changes. sands of innocent people, both Ameri- a way that should have stood as an em- As always, Mr. Chairman, I look for- cans and visitors to our country. Our barrassment to the House. The Judici- ward to working with you, especially law enforcement officials must be pro- ary Committee back then reported the

VerDate Nov 24 2008 04:32 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00062 Fmt 4634 Sfmt 0634 E:\CR\FM\K25FE7.091 H25FEPT1 dcolon on DSK2BSOYB1PROD with HOUSE February 25, 2010 CONGRESSIONAL RECORD — HOUSE H897 bill unanimously, with support from constitutional by the courts. The Jus- only connect the dots, but gather the the most conservative to the most lib- tice Department’s Office of Inspector dots. There seems to be a misunder- eral members. We did business the way General has issued some damning re- standing at times that if we were to the American people have always said ports on the misuse of these letters, take some of these provisions and es- they wanted us to do business, through and the section is in dire need of re- tablish a higher degree of proof, or a negotiation and compromise in open form. These reforms, which were a part higher degree of suspicion that some- committee meetings. That was the of the bill reported by the Judiciary how that would make these tools more high point. The low point came in the Committee, should be part of any legis- available. That I believe is a misunder- dead of night. Then-Attorney General lative action extending these provi- standing of some of these tools. These Ashcroft objected to the bill, and so sions of the PATRIOT Act. tools allow to us start the search. You with the cooperation of the then-Re- I regret that we are not going to con- don’t know if someone is involved with publican leadership that bill was tinue this process of improving the PA- a terrorist group under some cir- junked, and the bill that came to the TRIOT Act. I regret we do not have be- cumstances. floor was an entirely new bill written fore us a very short-term extension de- Someone like Abdulmutallab, having behind closed doors and not seen until signed to give us more time to finish his father come to the embassy and shortly before we voted on it on the this work in the balance of this Con- just report his suspicions about his son floor. gress. But we are punting to the next would not be sufficient for us to believe The bill that recently passed the Ju- Congress, which for all practical pur- that he was necessarily allied with diciary Committee would have ex- poses means that we are extending the some terrorist group. In fact, you tended the expiring provisions, but PATRIOT Act unchanged for the in- would believe that by the terms of the would have improved them in response definite future. I believe that our Na- lone wolf provision, he would be right to the problems that experience has tion and our liberties will suffer as a squarely in the middle of that provi- brought to light. With respect to rov- result of this. I hope that this vote sion. And yet what did our committee ing wiretaps, for example, the com- today, contrary to what I expect, will do? Our committee decided that be- mittee extended the provision until not stop my colleagues from con- cause it had not been used before, we 2013, and added language to clarify continuing to improve our intelligence- should reject it. Well, you know, we gressional intent that the government gathering laws, and specifically con- were never hit by airplanes with unbe- must describe its roving target with a tinuing to examine and improve the lievable amounts of fuel and human sufficient degree of particularity to PATRIOT Act in a timely manner. beings into towers in New York until it allow a judge to be able to distinguish Mr. SMITH of Texas. Mr. Speaker, I happened. Now, the argument that, the target from other potential users of yield 5 minutes to the gentleman from well, it never happened before so we places or facilities to be surveilled. California (Mr. LUNGREN), a senior shouldn’t have been prepared for it Our bill would have allowed the ‘‘lone member of both the Judiciary Com- doesn’t ring true. wolf’’ provision of FISA to sunset. This mittee and the Homeland Security And so while I believe that we did provision allows the issuance of a FISA Committee. take a look at these three provisions in warrant against individuals with no Mr. DANIEL E. LUNGREN of Cali- our committee, I was extremely dis- connection to a foreign power or other fornia. I thank the gentleman for yield- appointed by the resolution of that re- foreign entity or to a terrorist group. ing. view. And we could, it seems to me, if That is not the purpose of FISA, and in Mr. Speaker, it is probably the high- we had this as a priority, bring this bill fact Todd Hinnen, Deputy Assistant est honor of my life is to serve in this to the floor, look at it and say if it is Attorney General for the Justice De- House, and as a part of that to serve on important enough for us to have these partment’s National Security Division, the Judiciary Committee. I have great tools against al Qaeda and similarly testified in the hearing before my sub- respect for the members of that com- situated terrorist groups and individ- committee that this provision has mittee and the work that we do. But in uals, then maybe we ought to extend it never been used in the 8 years in which some ways, I would echo the comments for more than a year. Does anybody on it has been enforced. There is no reason of the gentleman from New York, al- this floor, does anybody within the why a so-called ‘‘lone wolf,’’ conced- though I would not agree with his con- reach of my voice believe that al Qaeda edly unconnected, not connected to a clusions, of the disappointment that is going to stop 1 year from the 28th of foreign power, not connected, conced- this primary obligation of the Judici- this month? edly, to a terrorist group—otherwise he ary Committee, that is to deal with Maybe we have a new 72-hour rule. wouldn’t be a lone wolf—there is no legislation that goes to the common We have been talking about a 72-hour reason why such a person could not be defense of this Nation, would be viewed rule meaning we should have bills on subject to a normal Title III wiretap in the legislative agenda as an after- the floor for 72 hours. Here we have the warrant. That is why the committee thought. fact that we wait until we are within 72 voted to let this provision sunset. I am the author of the sunset provi- hours of the expiration of key parts of We also added some procedural pro- sions from the 2005 extension of the the law which allow us to protect our- tections to section 215 orders which PATRIOT Act. I put those sunset pro- selves against terrorists before we act. allow the government to seize all sorts visions in, or I offered them and got The American people must be scratch- of information concerning what an in- the support of Members on both sides ing their heads and saying, This is the dividual has been reading without a of the aisle precisely because I under- leadership we look for? These are the warrant. The bill would have required stood there was some controversy people who take an oath to the Con- the President to report to Congress on about those three, and that there was a stitution and to give us the ability to whether the procedures for sensitive need for us to take a serious look at it. defend ourselves against enemies? collections could be further modified so Unfortunately, while we have estab- Mr. Speaker, I guess I would say as as to enhance civil liberties protec- lished other priorities in this Congress, proud as I am of my service on the Ju- tions without undermining national se- in this House, it does not appear that diciary Committee, I am profoundly curity objectives. This provision was the PATRIOT Act has been one of disappointed that this bill is being also extended to the end of 2013 in the them. Because if it were otherwise, we brought forward with just a single legislation reported by the Judiciary would be spending hours, if not days, year, within a 72-hour space, and we Committee. on this floor talking about the implica- still have not had an examination on My bill controlling the use of the tions of the PATRIOT Act. And in the this floor of the seriousness of the pro- much-abused National Security Letters context of that debate, I am absolutely found protections of civil liberties con- was included in this bill as well. These assured that the vast majority of this tained in these provisions of the law. letters, issued with no court oversight, House would support the continuation This is in fact a good law. These are have been used to obtain all sorts of of these provisions, as is the conclusion good provisions of that law being uti- material, and have been joined with of this administration. lized by our intelligence community. gag orders on the recipients, gag orders These three provisions provide tools The SPEAKER pro tempore. The that were recently struck down as unfor our intelligence community to not time of the gentleman has expired.

VerDate Nov 24 2008 05:04 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00063 Fmt 4634 Sfmt 0634 E:\CR\FM\K25FE7.093 H25FEPT1 dcolon on DSK2BSOYB1PROD with HOUSE H898 CONGRESSIONAL RECORD — HOUSE February 25, 2010 Mr. SMITH of Texas. Mr. Speaker, I examine all of the intelligence-gath- other body. But it is important for us yield the gentleman an additional 2 ering provisions of the PATRIOT Act. to handle our business and to do our minutes. The Republican-led Judiciary Com- duty, and that is to look with a fine- Mr. DANIEL E. LUNGREN of Cali- mittee completed these and additional toothed comb at the PATRIOT Act to fornia. I thank the gentleman for the full committee hearings, a full com- ensure that it does not violate the additional time. mittee markup, and floor consideration rights of Americans. No matter what So these are individual parts of a law to reauthorize nearly one dozen provi- your political persuasion, you have a that has served us well. Ironic it is that sions, all prior to the August recess. sense of understanding of the Constitu- on the very day that our committee b 1700 tion. You understand due process. You considered the lone wolf provision and understand unreasonable search and decided because it had not been used The current majority, Mr. Speaker, seizure. And so it is our obligation to before we should withdraw it, we had has conducted only one subcommittee do so. the terrible I won’t call it a tragedy, I hearing, a markup, but still hasn’t As I listened to the debate on the In- will call it a terrible terrorist attack brought a commonsense bill to the full telligence bill, I was struck by the ef- at Fort Hood. Within hours of us re- House floor. forts that have been made to shore up jecting the notion that we needed a Again, I don’t want to promote any of the missing links to provide us lone wolf provision, we had a domestic gloom and doom, but time could be a pathway away from the Fort Hood in- lone wolf. Now, of course the PATRIOT running out on us because one of these cident or the Christmas Day bombing. Act does not apply to someone who is days, one of these people who retire And one of the things I want to empha- an American citizen. But my point is with that, before they fall asleep with size is the importance for horizontal had we had such an attack before that the one desire to destroy America, they integration: Homeland Security, De- attack took place, doesn’t it seem a lit- may result in success. We need the im- partment of Justice, Intelligence, the tle nonsensical to say because it hadn’t pediment to stand thoroughly against agencies dealing with national security happened before we ought not to have this effort, and that impediment, as we attempted to do after 9/11. We some tools at our disposal which would among others, is the PATRIOT Act. must ramp up the coordination of in- help us fight it? Mr. CONYERS. Mr. Speaker, I am formation. There must be a focus not Let me just underscore again, these pleased now to yield to SHEILA JACKSON only on enhanced coordination, which provisions in the law allow our intel- LEE, a senior member on the Judiciary is the premise of the PATRIOT Act, to ligence community to collect the dots. Committee, who will be our closing get information and to ensure the obli- The 9/11 Commission criticized our gov- speaker; and I will yield to her as much gation to ensure your civil liberties; ernment for a failure to connect the time as she may consume. but we must also be somewhat unique dots. You need to first have the dots. Ms. JACKSON LEE of Texas. Mr. and distinct on how we assess who You need to first have the information. Chairman, sometimes we come to the might be a threat. And that is what these tools allow us floor, Mr. Speaker, but we don’t under- I have constantly asked that we con- to provide to our intelligence commu- stand, really, the impetus and the im- sider this thing called human assess- nity so that they can analyze those portance of the work that is being done ment and behavior. A lot of people will things. here. call for profiling and that that’s the So Mr. Speaker, I reluctantly support To my colleagues, what we are doing way to do it. And I can tell you, col- this legislation because it is a mere 1- is securing the American people. We leagues, that you can profile from this year extension. It deprives us of the de- know that right now there is a major morning until the end of time, and you bate that should be front and center of debate that is occurring with leader- will miss someone who doesn’t fit the this representative body. If we truly ship dealing with health reform. We caricature, if you will, of who you believe our first obligation is to pro- will also be addressing the question of might think happens to be a terrorist. tect the people we represent, we must jobs. But let it be very clear, nothing is Timothy McVeigh didn’t fit that pro- provide for the common defense. The going to stop us from addressing the file. PATRIOT Act does this. These provi- question of national security. And so it is important for them to be sions do this. We should act on this Chairman CONYERS has been working developed human intelligence and with full knowledge, full debate, and on the reform and the refitting, if you human behavior assessment. That full confidence in our intelligence com- will, of the PATRIOT Act to make sure would have been an appropriate ap- munities that we can move forward and that it provides more security for the proach to the captain at Fort Hood. protect the American people. American people. That’s not profiling; it’s assessing the Mr. CONYERS. Mr. Speaker, I re- I just came from a hearing on Home- behavior of interacting on the Internet, serve the balance of my time. land Security of which I am a member, of speaking to the imam in Yemen, Mr. SMITH of Texas. Mr. Speaker, I with the Secretary of Homeland Secu- very conspicuous behavior that was as- am happy to yield 4 minutes to an es- rity, asking hard questions about the sessed in Washington before he was teemed senior member of the Judiciary reinforcement of security, the provi- transferred to Fort Hood, behavior that Committee, the gentleman from North sions of support for personnel at the was not transmitted, if you will, in the Carolina (Mr. COBLE). Department of Homeland Security, and right way. Mr. COBLE. I thank my friend from the ability to give more resources so And then we can look at the Christ- Texas, and thank him for elevating me that the traveling public can be secure. mas Day bomber, which we hope will to the esteemed status. I am not sure I In this instance, we are acting expe- never happen again. We had the shoe deserve that. ditiously and responsibly, because bomber. And so behavior should send Mr. Speaker, I don’t want to be a what is now occurring is that we are up a red flag. prophet of gloom and doom, but there providing for the extension of the PA- When we look at the premise of the are many people in this world who TRIOT Act so we can, in fact, engage PATRIOT Act, it is gathering informa- every night retire, prior to sleeping, the other body and work construction. And I know my colleagues would with one thought in mind, and that one tively, one, to, with no doubt, commit not want us to rush to judgment. And thought is destroy America. The PA- ourselves, as the President has done, in so what we have in place now is the op- TRIOT Act has served as a useful im- committing to use every instrument of portunity for America to be protected, pediment to thwart that effort of de- national power to fight terrorism, in- to use this cross-signal of information. struction, and it must not be allowed cluding intelligence and military oper- Might I also mention the assessment to expire. ations, as well as the criminal justice of the actions of the Department of The majority has had over a year to system. That’s the Judiciary Com- Justice. There’s not been one moment reauthorize the three expiring provi- mittee. of a decision that has jeopardized the sions, but we failed to do so. In 2005, There’s never been a doubt about the American people. Yes, there’s been a Mr. Speaker, I chaired the Crime Sub- commitment of the Obama administra- decision that initially was accepted by committee of Judiciary, and we tion or the Judiciary Committee, the local officials, as we understand it, to oversaw nine hearings to thoroughly chairman and our colleagues in the try individuals in a particular area.

VerDate Nov 24 2008 04:32 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00064 Fmt 4634 Sfmt 0634 E:\CR\FM\K25FE7.094 H25FEPT1 dcolon on DSK2BSOYB1PROD with HOUSE February 25, 2010 CONGRESSIONAL RECORD — HOUSE H899 There were provisions, obviously, to be Mr. Speaker, prior to the enactment of the multiple devices, or change cell phone num- made for that. That decision alone and USA PATRIOT Act, court orders requested bers or carriers repeatedly to thwart surveil- whatever happens on the decision after under the Foreign Intelligence Surveillance Act lance efforts under FISA. The law permits au- about where that trial will be held has (FISA) for access to business records had to thorities to obtain multipoint or ‘‘roving’’ wire- nothing to do with undermining Amer- assert that there were ‘‘specific and articulable taps so that officials do not have to file mul- ica’s security. facts giving reason to believe that the person tiple applications to continue their investiga- We have Mirandized people before, to whom the records pertain [was] a foreign tion. and they have given us information power or an agent of a foreign power.’’ The Under current law, applications for a wiretap and we’ve garnered that information to law limited these records to those of hotels, do not have to include specific information on use for our security. We have tried peo- motels, car and truck rental agencies, and the location of the wiretap or the names of ple in the civilian courts under our storage rental facilities. third parties who would be involved in assist- legal system, and we have found them The provision in the USA PATRIOT Act ing authorities with setting up the wiretap. In- guilty on the basis of what they have modified requirements for a FISA court order stead, court orders apply to the person or per- done, and we’ve protected the Amer- to include ‘‘any tangible things’’—such as li- sons and not a particular device or location. ican people. brary or bookstore records—regardless of the Under prior law, the government would have So I am concerned that there is some business or individual holding the item, as to return to the FISA court for an order that labeling going on, that there is not the long as law enforcement officials assert that named the new communications carrier, land- convergence of resources in the Obama the records are sought in an effort to obtain lord, etc., before tapping the new device or lo- administration, there’s not the work foreign intelligence or in a terrorism investiga- cation. on behalf of the Judiciary Committee tion. An application for access to business chaired by Chairman CONYERS that The law requires the FISA court to base its records under this provision must provide a finding on ‘‘specific facts’’ included in an appli- steadily puts together building blocks ‘‘statement of facts’’ proving that the informa- to secure the American people. cation, and it requires court orders for roving tion sought is ‘‘relevant’’ to the investigation. wiretaps to describe in detail the specific tar- I hope that we will rise to vote for A September 2009 letter from the Justice this extension of the PATRIOT Act to get in cases in which the target’s identity is Department reports that the FISA court had unknown. In the cases when the location of allow this Congress, bipartisan, to sit issued about 220 orders to produce business down and do its work. But in the mean- surveillance was unknown at the time of a records over the period of 2004 to 2007. The time, would we not be irresponsible if court order, investigators would be required to letter noted that 173 of those orders were we did not come to the floor today to notify the court within 10 days of the start of issued prior to 2006 in combination with FISA protect the American people, just as surveillance at any new location. The court pen register orders ‘‘to address an anomaly in we’ve done with an authorization of can extend this notification time to up to 60 the statutory language that prevented the ac- the Intelligence bill which has never days. quisition of subscriber identification information been done for over a large number of According to a September 2009 letter from normally associated with pen register informa- years. We are now doing that because a Justice Department official, the provision has tion.’’ The 2006 reauthorization of the Patriot we believe in the security of the Amer- ‘‘proven an important intelligence-gathering Act included language to clarify the law, and ican people. tool in a small but significant subset of FISA I look forward to moving forward on the Justice Department says the change made electronic surveillance orders.’’ The letter this legislation. I look forward to the use of the ‘‘business records’’ provision for noted that this authority is only available when pressing the intelligence community such information unnecessary. The remaining the government is able to provide specific in- on human behavior assessment now, business records orders were used to obtain formation that the target of surveillance may not tomorrow, but now; and I look for- transactional information that did not fall within engage in counter-surveilance activities. The ward to us going forward on securing the scope of other authorities. letter noted that the government has sought to The department called on Congress to reau- the American people with the tools use it ‘‘in a relatively small number of cases thorize this provision because there would that the Obama administration is (on average, twenty-two applications per ‘‘continue to be instances in which FBI inves- working on. year).’’ tigators need to obtain information that does Mr. Speaker, I rise in support of the motion Additionally, the measure extends by one to concur in the Senate amendments to H.R. not fall within the scope of national security letter authorities and are operating in an envi- year the so-called ‘‘lone wolf’’ provision that al- 3961—Extending Expiring Provisions of the lows federal law enforcement officials to seek USA PATRIOT Improvement and R. 2082. I ronment that precludes the use of less secure criminal authorities.’’ warrants from the Foreign Intelligence Surveil- support this motion to extend expiring amend- lance Court to conduct surveillance on sus- ments though I offered several amendments My amendment would have made an improvement to the public’s oversight of the PA- pected individuals or ‘‘targets’’ who are engag- as we debated this issue in the Judiciary ing in international terrorism activities or prep- Committee that I believe would have made the TRIOT Act by extending the life of these intru- sive government surveillance programs for two aration for such activities, but cannot be con- existing provisions of the ACT more effective. nected to terrorist groups or foreign nations. H.R. 3961 extends for one year—through years rather than four years as proposed. The provision applies only if the target is not Feb. 28, 2011—three antiterrorism provisions Specifically, my amendment focused on Sec- a United States person, i.e., is not a citizen, which would otherwise expire on February 28, tions 102 and 202 of the underlying bill. The legal immigrant or resident. including the ‘‘roving wiretap’’ authority that al- change to Section 102 would have extended lows the government to conduct surveillance the sunset dates of roving wiretaps and FISA Before 2004, national security officials had on suspects who communicate on multiple de- business records to December 31, 2011 rather to show a court that a target was an agent of vices, or repeatedly change their cell phone than 2013. The change to Section 202 pro- a foreign power, or acting on behalf of a for- numbers or carriers; a provision that permits vides a sunset date of December 31, 2011 eign power, in order to get permission to mon- federal law enforcement authorities to seek a rather than December 31, 2013 for national itor him or her, which some argued prevented court order for ‘‘any tangible thing’’ they deem security letters, with the effect of expediting monitoring a lone wolf operating as an indi- related to a terrorism investigation such as the return of the relevant national security let- vidual. According to the Justice Department, business records; and the ‘‘lone wolf’’ provi- ter statutes to their statuses as they read on the authority was aimed at situations in which sion that allows for surveillance of terrorists October 25, 2001. information linking a target to an international who are not connected to terrorist groups. These proposed changes in those amend- group is absent or insufficient, but where the The measure also extends, for one year, a ments that I offered in the Judiciary committee target’s engagement in ‘‘international ter- provision under current law that expanded au- focused on the idea of increasing public over- rorism’’ has been sufficiently established. The thority to access records or ‘‘any tangible sight and transparency. These changes would department noted that in practice, the govern- item,’’ including business and library records, have permitted Congress to review these sec- ment ‘‘must know a great deal about the tar- through the use of Section 215 orders. The tions in two years rather than four years. In get,’’ but must also be unable to connect that provision has been one of the focal points of two years, we may find that these tools are in person to any group meeting the definition of criticism of the PATRIOT Act, uniting liberals fact unnecessary, or that new tools are re- ‘‘foreign power’’ under FISA. and libertarians who express concern that it quired. A Justice Department official, in a Sep- was too broadly written and could have al- Mr. Speaker, the motion also extends, for tember 2009 letter, stated that the department lowed the government to access a virtually un- one year, a provision that allows law enforce- had never filed a FISA application using this limited range of records. ment officials to pursue terrorists who use provision since it became law in 2004, but

VerDate Nov 24 2008 05:04 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00065 Fmt 4634 Sfmt 9920 E:\CR\FM\K25FE7.111 H25FEPT1 dcolon on DSK2BSOYB1PROD with HOUSE H900 CONGRESSIONAL RECORD — HOUSE February 25, 2010 stated the department’s support for reauthor- are being renewed for a year under this TRIOT Act as is for another year. We izing the provision because of potential situa- bill are some of the critical tools they could have extended it for a shorter pe- tions in which it could be the only avenue for need to gather that information and to riod and fully debated how to amend surveillance. protect us. the PATRIOT Act on this floor. I think Mr. Speaker, I believe it is very important Mr. Speaker, I count about eight this is a real missed opportunity. As that we extend the expiring provisions of the plots or attempted terrorist attacks one who was here when we first passed PATRIOT Act and urge my colleagues to join since last summer that have made the The PATRIOT Act, I recognize that my me in supporting the motion and work to re- press, that have been stopped or approach has been controversial. store civil liberties and secure America. thwarted in some way or another. One b 1715 Mr. SMITH of Texas. Mr. Speaker, I of them, unfortunately, was successful, yield 2 minutes to the gentleman from and that was the attack at Fort Hood. I am one of very few Members who Mississippi, an active member of the One of them was stopped out of sheer opposed initially rolling back the so- Judiciary Committee and a former city luck and the awareness of passengers called library provision, which I agree was an overreach in the initial PA- prosecutor, Mr. HARPER. on the Christmas Day bombing attack Mr. HARPER. Mr. Speaker, the pur- over Detroit. But a number of the TRIOT Act. But I opposed rolling it pose of the PATRIOT Act is to keep other attempted attacks or plots over back because the amendment as initially drafted included eliminating ac- suspected terrorists under surveillance the past few months and years have cess to Internet sites at libraries. And in an attempt to prevent another at- been stopped, I believe, because of the as one who studies the terrorism threat tack on our country like we suffered on tools included in the PATRIOT Act carefully, I know that terrorists use September 11, 2001. I believe that it has that have helped prevent American the Internet frequently as a way to been successful, and I support its ex- casualties. And I would suggest we can- communicate. So when the library pro- tension. I firmly believe that our safe- not afford a single day without those vision was finally drafted to exclude ty for the nearly 81⁄2 years since 9/11 is tools, including the three that are ex- Internet sites, I proudly voted for it. due in part to the PATRIOT Act and tended over the course of this bill. The PATRIOT Act is a valuable tool. the fine men and women who are able I would prefer, as others have said, Those who have spoken on the other to use it each day to keep our country that it were longer than a year. But it side are right, we need it. But we have safe from harm. is absolutely critical that we not allow enough knowledge in this House to I particularly believe that the lone them to expire and that we put them at tweak it to be much more fair to inno- wolf provision which allows for the sur- least on somewhat of a longer term cent Americans who have inadvert- veillance of individual terrorists who basis so that these professionals can ently been caught up in its web. might not be part of a larger inter- actually do their job. Let me also mention that under the national terrorist group is very impor- I would just say, Mr. Speaker, that in Intelligence Reform Act of 2004, we re- tant, and I’m very happy to see its in- addition to the tools, legal authorities, quired that the White House establish clusion in this extension. financial resources that are necessary a privacy and civil liberties commis- I applaud those who worked in a bi- for them to do their job to protect us, sion to oversee the development and partisan manner to pass this legisla- we also must provide these profes- implementation of laws with respect to tion in 2001, and I look forward to see- sionals in the intelligence community terrorism. That commission was never ing that provisions of the PATRIOT and the law enforcement community fully established in the last adminis- Act continue to be used in an effort to the support they need to do their job. tration, and this administration has keep Americans safe. And it is not supporting them, for ex- yet to name a chairman and a vice While I wish that a bill with the in- ample, to have a special prosecutor ap- chairman. tention of extending the PATRIOT Act pointed by the Justice Department of I urge the President again to fully for longer than a year would have been this administration to re-investigate implement the provisions of the 2004 before the House, I support the legisla- interrogators that have already been Intelligence Reform Act. Standing up tion before us today. I hope that my investigated. And it would not be sup- that commission would send a message colleagues will join with me in supportive if we adopt the provision we’ve that we can protect our security, but porting the extension of this very im- talked about earlier today, to establish we can also protect our liberty. This is portant counterterrorism tool. new crimes against interrogators. They not a zero-sum game. Mr. CONYERS. Mr. Speaker, I con- deserve the tools and support. Both can And let me finally address something tinue to reserve. come today with the right votes. we will hear as we close debate on the Mr. SMITH of Texas. Mr. Speaker, I Mr. CONYERS. I’m pleased now to Intelligence authorization bill, and yield 3 minutes to my colleague from recognize a former senior member of that is a view by some that we should Texas, a senior member of the Intel- the Intelligence Committee for over 10 bar trials or terrorist suspects in Arti- ligence Committee, Mr. THORNBERRY. years—she served as ranking member— cle III courts. Mr. THORNBERRY. Mr. Speaker, I and I yield now to JANE HARMAN as The prior administration tried vir- appreciate the distinguished ranking much time as she consumes. tually everyone charged with ter- member yielding to me. Ms. HARMAN. I thank Mr. CONYERS rorism-related crimes in Federal court. Mr. Speaker, it is very, very impor- for yielding and commend him for his Most of those people were convicted tant that we ensure that our intel- leadership of the Judiciary Committee. and are now incarcerated. There was a ligence professionals and our law en- He has authored many bills which I am 90 percent conviction rate over hun- forcement professionals have the tools proud to cosponsor, one of which in- dreds of trials since 9/11. In contrast, and the support they need to do their cludes amendments to these three ex- military commissions convicted three job. And we should never forget that piring provisions of the PATRIOT Act. people, two of whom are no longer serv- their job is to protect us and prevent I rise today because I think we are ing. further terrorist attacks from killing missing an opportunity. There are good So if you just look at the conviction Americans. ideas in this House about how to curb rate, we are safer if we use article III Now, over the course of the day the abuses with national security let- courts. today, as we consider the Intelligence ters, how to clarify that roving wire- In a letter from Secretary Gates and authorization bill, there have been a taps are limited to a single identifiable Attorney General Holder dated today lot of words spoken in support of those target, and how to eliminate the lone to the leadership, they express their intelligence and law enforcement pro- wolf provision which has never been opposition to any legislation or amend- fessionals. But I would suggest that ac- used and for which existing title III au- ments that would restrict the ability of tions matter more than words. One of thority can suffice. Those ideas have the executive branch to effectively the actions we can take is to ensure been the subject of hearings in the Ju- prosecute alleged terrorists in Federal that they have the tools they need to diciary Committee, but they’re not courts or reformed military commis- gather the information to stop ter- being debated on this floor. sions in the United States. rorist plots. And these three expiring Instead, we hear that the only way to Their point, and my point, is we can provisions of the PATRIOT Act that protect America is to extend the PA- have reformed military commissions—

VerDate Nov 24 2008 04:32 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00066 Fmt 4634 Sfmt 0634 E:\CR\FM\A25FE7.030 H25FEPT1 dcolon on DSK2BSOYB1PROD with HOUSE February 25, 2010 CONGRESSIONAL RECORD — HOUSE H901 and I know that the President and better served if we had considered a do so. As National Journal cor- many here are considering reforms long-term extension. Mr. Speaker, I respondent Shane Harris recently put which I may support—but we also must urge my colleagues to support this leg- it, we’ve witnessed the rise of an permit robust use of our Federal islation even though a long-term piece ‘‘American Surveillance State.’’ We’ve courts. I think it’s disingenuous to of legislation would have been a much- come to love our fears more than we claim that after 300 people have been improved situation. love our freedoms. sent to jail for long sentences, we can’t I yield back the balance of my time. Mr. BLUMENAUER. Mr. Speaker, in 2001, I safely try terrorists in U.S. courts Mr. CONYERS. Mr. Speaker, I yield voted against the USA PATRIOT Act because under Federal law. I agree with Sec- the remainder of our time to the dis- it granted law enforcement powers too broad, retary of Defense Gates and Attorney tinguished gentleman from Ohio, DEN- too removed from oversight, and at the ex- General Holder that such an amend- NIS KUCINICH. pense of Americans’ civil rights. I am dis- ment would make us less safe by re- Mr. KUCINICH. I thank Mr. CONYERS. appointed that H.R. 3961 simply extends three moving a critical tool from the Na- I rise in opposition to H.R. 3961, legis- of these provisions without any additional pro- tion’s arsenal, and that’s the use of our lation to extend the expired provisions tections or oversight. Federal justice system. of the PATRIOT Act. The three provi- This is a missed opportunity to rebalance In conclusion, we must live our val- sions being extended today include the the need to pursue violent extremists with the ues. When we fail to do that, we offer a ‘‘roving wiretaps,’’ which allow the need to respect our own citizens. Continuing huge recruiting tool to those who Foreign Intelligence Surveillance to allow the government to obtain ‘‘any tan- would attack us. If we live our values Court to issue secret orders to wiretap gible thing’’ relevant to a terrorism investiga- by carefully amending expiring PA- any target without having to specify tion, including library records, is a disturbingly TRIOT Act provisions, by standing up a the target or the device. This extension low bar. We can do better. privacy and civil liberties board and by also includes the ‘‘lone wolf’’ surveil- Committees in the House and Senate have saying that Federal Courts can try lance provision, which allows intel- offered drafts to improve the PATRIOT Act, many of those we apprehend for ter- ligence agencies to conduct investiga- and I strongly suggest that we move forward rorism-related crimes, we have the best tions of non-U.S. individuals not con- immediately to amend this law. chance of winning in this era of terror. nected to a foreign power or terrorist The SPEAKER pro tempore. All time Madam Speaker, I take a backseat to group, a provision that the administra- for debate has expired. no one in the effort to defeat the terror tion has never had to use. Finally, this Pursuant to House Resolution 1109, threat against us. I take the threat legislation would extend section 215 the previous question is ordered. very seriously. I read proposed legisla- powers of the PATRIOT Act, which al- Pursuant to clause 1(c) of rule XIX, tion carefully. Today, we could have, lows the government to order any enti- further proceedings on this motion are as Mr. NADLER suggested, passed a ty to turn over ‘‘any tangible things’’ postponed. short-term extension and then had a as long as it specifies its for ‘‘an au- f robust public debate about amend- thorized investigation.’’ Section 215 or- ments to expiring PATRIOT Act providers constitute a serious violation of ANNOUNCEMENT BY THE SPEAKER sions. This is a missed opportunity and Fourth and First Amendment rights by PRO TEMPORE I oppose the extension. allowing the government to demand ac- Mr. SMITH of Texas. I am prepared The SPEAKER pro tempore. Pursu- cess to records often associated with ant to clause 8 of rule XX, the Chair to close. I will reserve my time. the exercise of First Amendment Mr. CONYERS. How many minutes will postpone further proceedings rights, such as library records. remain? today on the motion to suspend the The SPEAKER pro tempore. The gen- Through years of documentation evi- rules on which a recorded vote or the tleman from Michigan has 2 minutes dencing abuse of these provisions dur- yeas and nays are ordered, or on which remaining. ing the Bush administration, the De- the vote incurs objection under clause Mr. CONYERS. I reserve my time. partment of Justice has failed to hold 6 of rule XX. Mr. SMITH of Texas. Mr. Speaker, I Bush administration officials account- Any record vote on the postponed yield myself the balance of my time. able for illegal domestic spying by bar- question will be taken later. ring any lawsuits to be brought against Mr. Speaker, extending the expiring f provisions of the PATRIOT Act will those officials. Months into this admin- give our law enforcement officials and istration, The New York Times re- TEMPORARY EXTENSION ACT OF intelligence agents the authority they ported that the National Security 2010 need to meet terrorists’ threats. It is Agency had ‘‘intercepted private e- Mr. MCDERMOTT. Mr. Speaker, I unfortunate, though, that some reject mail messages and phone calls of move to suspend the rules and pass the a long-term reauthorization. Refusing Americans in recent months on a scale bill (H.R. 4691) to provide a temporary to reauthorize our national security that went beyond the broad legal lim- extension of certain programs, and for laws for the long term signals weak- its’’ and that the practice was ‘‘signifi- other purposes. ness to our enemies. It says we are not cant and systematic.’’ The Clerk read the title of the bill. serious about protecting American Passage of this legislation continues The text of the bill is as follows: lives. to make Congress complicit in the vio- Repeated extensions of this law cre- lations of constitutional rights. H.R. 4691 ate uncertainty for intelligence offi- A letter written by the American Bar Be it enacted by the Senate and House of Rep- cials and increase the danger that in- Association in 2005 to Congress ex- resentatives of the United States of America in Congress assembled, telligence is missed and threats un- pressed grave concern over ‘‘inadequate identified. The PATRIOT Act is not congressional oversight of government SECTION 1. SHORT TITLE. investigations undertaken pursuant to This Act may be cited as the ‘‘Temporary broken. And if it isn’t broken, we Extension Act of 2010’’. shouldn’t try to fix it. the Foreign Intelligence Surveillance SEC. 2. EXTENSION OF UNEMPLOYMENT INSUR- Congress has already undertaken a Act’’ . . . ‘‘to assure that such inves- ANCE PROVISIONS. sweeping review of the PATRIOT Act tigations do not violate the First, (a) IN GENERAL.—(1) Section 4007 of the following extensive hearings in the Ju- Fourth, and Fifth Amendments.’’ Supplemental Appropriations Act, 2008 (Pub- diciary Committee. We approved a re- As Members of Congress swore to lic Law 110–252; 26 U.S.C. 3304 note) is amend- authorization in 2006 that made perma- protect the rights and civil liberties af- ed— nent all but three provisions and en- forded to us by the Constitution, we (A) by striking ‘‘February 28, 2010’’ each hanced important civil liberty protec- have a responsibility to exercise our place it appears and inserting ‘‘April 5, 2010’’; tions. The Obama administration, a bi- oversight powers fully, and signifi- (B) in the heading for subsection (b)(2), by striking ‘‘FEBRUARY 28, 2010’’ and inserting partisan Senate, and House Repub- cantly reform the PATRIOT Act, en- ‘‘APRIL 5, 2010’’; and licans all support a long-term reau- suring that the privacy and civil lib- (C) in subsection (b)(3), by striking ‘‘July thorization of the PATRIOT Act. erties of all Americans are fully pro- 31, 2010’’ and inserting ‘‘September 4, 2010’’. Mr. Speaker, while I support this bill, tected. More than 8 years after the pas- (2) Section 2002(e) of the Assistance for Un- our national interests would have been sage of the PATRIOT Act, we failed to employed Workers and Struggling Families

VerDate Nov 24 2008 04:32 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00067 Fmt 4634 Sfmt 0634 E:\CR\FM\K25FE7.107 H25FEPT1 dcolon on DSK2BSOYB1PROD with HOUSE H902 CONGRESSIONAL RECORD — HOUSE February 25, 2010 Act, as contained in Public Law 111–5 (26 (i) who elects COBRA continuation coverage of the American Recovery and Reinvestment U.S.C. 3304 note; 123 Stat. 438), is amended— pursuant to such clause, rules similar to the Act of 2009’’; (A) in paragraph (1)(B), by striking ‘‘Feb- rules in paragraph (4)(C) shall apply. (ii) in subsection (c)(3), by striking ‘‘sec- ruary 28, 2010’’ and inserting ‘‘April 5, 2010’’; ‘‘(B) NOTICES.—In the case of an individual tion 3002(a)(1)(A) of such Act’’ and inserting (B) in the heading for paragraph (2), by described in subparagraph (C), the adminis- ‘‘section 3001(a)(1)(A) of title III of division B striking ‘‘FEBRUARY 28, 2010’’ and inserting trator of the group health plan (or other en- of the American Recovery and Reinvestment ‘‘APRIL 5, 2010’’; and tity) involved shall provide, during the 60- Act of 2009’’; and (C) in paragraph (3), by striking ‘‘August day period beginning on the date of such in- (iii) by redesignating subsections (e) and (f) 31, 2010’’ and inserting ‘‘October 5, 2010’’. dividual’s involuntary termination of em- as subsections (f) and (g), respectively, and (3) Section 2005 of the Assistance for Unem- ployment, an additional notification de- inserting after subsection (d) the following ployed Workers and Struggling Families scribed in paragraph (7)(A), including infor- new subsection: Act, as contained in Public Law 111–5 (26 mation on the provisions of this paragraph. ‘‘(e) EMPLOYER DETERMINATION OF QUALI- U.S.C. 3304 note; 123 Stat. 444), is amended— Rules similar to the rules of paragraph (7) FYING EVENT AS INVOLUNTARY TERMI- (A) by striking ‘‘February 28, 2010’’ each shall apply with respect to such notification. NATION.—For purposes of this section, in any place it appears and inserting ‘‘April 5, 2010’’; ‘‘(C) INDIVIDUALS DESCRIBED.—Individuals case in which— and described in this subparagraph are individ- ‘‘(1) based on a reasonable interpretation of (B) in subsection (c), by striking ‘‘July 31, uals who are assistance eligible individuals section 3001(a)(3)(C) of division B of the 2010’’ and inserting ‘‘September 4, 2010’’. American Recovery and Reinvestment Act of (4) Section 5 of the Unemployment Com- on the basis of a qualifying event consisting 2009 and administrative guidance thereunder, pensation Extension Act of 2008 (Public Law of a reduction of hours occurring during the an employer determines that the qualifying 110–449; 26 U.S.C. 3304 note) is amended by period described in paragraph (3)(A) followed event with respect to COBRA continuation striking ‘‘July 31, 2010’’ and inserting ‘‘Sep- by an involuntary termination of employ- coverage for an individual was involuntary tember 4, 2010’’. ment insofar as such involuntary termi- (b) FUNDING.—Section 4004(e)(1) of the Sup- nation of employment occurred on or after termination of a covered employee’s employ- plemental Appropriations Act, 2008 (Public the date of the enactment of this para- ment, and Law 110–252; 26 U.S.C. 3304 note) is amended— graph.’’. ‘‘(2) the employer maintains supporting (1) in subparagraph (B), by striking ‘‘and’’ (2) CODIFICATION OF CURRENT INTERPRETA- documentation of the determination, includ- at the end; TION.—Subsection (a)(16) of such section is ing an attestation by the employer of invol- (2) in subparagraph (C), by striking ‘‘1009’’ amended— untary termination with respect to the cov- and inserting ‘‘1009(a)(1)’’; and (A) by striking clause (ii) of subparagraph ered employee, (3) by inserting after subparagraph (C) the (A) and inserting the following: the qualifying event for the individual shall following new subparagraph: ‘‘(ii) such individual pays, the amount of be deemed to be involuntary termination of ‘‘(D) the amendments made by section such premium, after the application of para- the covered employee’s employment.’’. 2(a)(1) of the Temporary Extension Act of graph (1)(A), by the latest of— (D) Subsection (a) of section 6720C of such 2010; and’’. ‘‘(I) 60 days after the date of the enactment Code is amended by striking ‘‘section SEC. 3. EXTENSION AND IMPROVEMENT OF PRE- of this paragraph, 3002(a)(2)(C) of the Health Insurance Assist- MIUM ASSISTANCE FOR COBRA BEN- ‘‘(II) 30 days after the date of provision of ance for the Unemployed Act of 2009’’ and in- EFITS. the notification required under subparagraph serting ‘‘section 3001(a)(2)(C) of title III of di- (a) EXTENSION OF ELIGIBILITY PERIOD.— (D)(ii), or vision B of the American Recovery and Rein- Subsection (a)(3)(A) of section 3001 of divi- ‘‘(III) the end of the period described in vestment Act of 2009’’. sion B of the American Recovery and Rein- section 4980B(f)(2)(B)(iii) of the Internal Rev- (c) EFFECTIVE DATE.—The amendments vestment Act of 2009 (Public Law 111–5) is enue Code of 1986.’’; and made by this section shall take effect as if amended by striking ‘‘February 28, 2010’’ and (B) by striking subclause (I) of subpara- included in the provisions of section 3001 of inserting ‘‘March 31, 2010’’. graph (C)(i), and inserting the following: division B of the American Recovery and Re- (b) CLARIFICATIONS RELATING TO SECTION ‘‘(I) such assistance eligible individual ex- investment Act of 2009 to which they relate, 3001 OF ARRA.— perienced an involuntary termination that except that— (1) CLARIFICATION REGARDING COBRA CON- was a qualifying event prior to the date of (1) the amendments made by subsection TINUATION RESULTING FROM REDUCTIONS IN enactment of the Department of Defense Ap- (b)(1) shall apply to periods of coverage be- HOURS.—Subsection (a) of section 3001 of divi- ginning after the date of the enactment of sion B of the American Recovery and Rein- propriations Act, 2010; and’’. (3) CLARIFICATION OF PERIOD OF ASSIST- this Act; vestment Act of 2009 (Public Law 111–5) is (2) the amendments made by subsection amended— ANCE.—Subsection (a)(2)(A)(ii)(I) of such section is amended by striking ‘‘of the first (b)(2) shall take effect as if included in the (A) in paragraph (3)(C), by inserting before amendments made by section 1010 of division the period at the end the following: ‘‘or con- month’’. (4) ENFORCEMENT.—Subsection (a)(5) of B of the Department of Defense Appropria- sists of a reduction of hours followed by such tions Act, 2010; and an involuntary termination of employment such section is amended by adding at the end the following: ‘‘In addition to civil actions (3) the amendments made by subsections during such period (as described in paragraph (b)(3) and (b)(4) shall take effect on the date (17)(C))’’; and that may be brought to enforce applicable of the enactment of this Act. (B) by adding at the end the following: provisions of such Act or other laws, the ap- SEC. 4. EXTENSION OF SURFACE TRANSPOR- ‘‘(17) SPECIAL RULES IN CASE OF INDIVIDUALS propriate Secretary or an affected individual TATION PROGRAMS. LOSING COVERAGE BECAUSE OF A REDUCTION OF may bring a civil action to enforce such de- (a) IN GENERAL.—Except as provided in HOURS.— terminations and for appropriate relief. In subsection (b), for purposes of the continued ‘‘(A) NEW ELECTION PERIOD.— addition, such Secretary may assess a pen- ‘‘(i) IN GENERAL.—For the purposes of the alty against a plan sponsor or health insur- extension of surface transportation programs COBRA continuation provisions, in the case ance issuer of not more than $110 per day for and related authority to make expenditures of an individual described in subparagraph each failure to comply with such determina- from the Highway Trust Fund and other (C) who did not make (or who made and dis- tion of such Secretary after 10 days after the trust funds under sections 157 through 162 of continued) an election of COBRA continu- date of the plan sponsor’s or issuer’s receipt the Continuing Appropriations Resolution, ation coverage on the basis of the reduction of the determination.’’. 2010 (Public Law 111–68; 123 Stat. 2050), the of hours of employment, the involuntary ter- (5) AMENDMENTS RELATING TO SECTION 3001 date specified in section 106(3) of that resolu- mination of employment of such individual OF ARRA.— tion (Public Law 111–68; 123 Stat. 2045) shall on or after the date of the enactment of this (A) Subsection (g)(9) of section 35 of the In- be deemed to be March 28, 2010. paragraph shall be treated as a qualifying ternal Revenue Code of 1986 is amended by (b) EXCEPTION.—Subsection (a) shall not event. striking ‘‘section 3002(a) of the Health Insur- apply if an extension of the programs and au- ‘‘(ii) COUNTING COBRA DURATION PERIOD ance Assistance for the Unemployed Act of thorities described in that subsection for a FROM PREVIOUS QUALIFYING EVENT.—In any 2009’’ and inserting ‘‘section 3001(a) of title longer term than the extension contained in case of an individual referred to in clause (i), III of division B of the American Recovery the Continuing Appropriations Resolution, the period of such individual’s continuation and Reinvestment Act of 2009’’. 2010 (Public Law 111–68; 123 Stat. 2050), is en- coverage shall be determined as though the (B) Section 139C of such Code is amended acted before the date of enactment of this qualifying event were the reduction of hours by striking ‘‘section 3002 of the Health Insur- Act. of employment. ance Assistance for the Unemployed Act of SEC. 5. INCREASE IN THE MEDICARE PHYSICIAN ‘‘(iii) CONSTRUCTION.—Nothing in this para- 2009’’ and inserting ‘‘section 3001 of title III PAYMENT UPDATE. graph shall be construed as requiring an in- of division B of the American Recovery and Paragraph (10) of section 1848(d) of the So- dividual referred to in clause (i) to make a Reinvestment Act of 2009’’. cial Security Act, as added by section 1011(a) payment for COBRA continuation coverage (C) Section 6432 of such Code is amended— of the Department of Defense Appropriations between the reduction of hours and the in- (i) in subsection (a), by striking ‘‘section Act, 2010 (Public Law 111–118), is amended— voluntary termination of employment. 3002(a) of the Health Insurance Assistance (1) in subparagraph (A), by striking ‘‘Feb- ‘‘(iv) PREEXISTING CONDITIONS.—With re- for the Unemployed Act of 2009’’ and insert- ruary 28, 2010’’ and inserting ‘‘March 31, spect to an individual referred to in clause ing ‘‘section 3001(a) of title III of division B 2010’’; and

VerDate Nov 24 2008 04:32 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00068 Fmt 4634 Sfmt 0634 E:\CR\FM\A25FE7.033 H25FEPT1 dcolon on DSK2BSOYB1PROD with HOUSE February 25, 2010 CONGRESSIONAL RECORD — HOUSE H903 (2) in subparagraph (B), by striking ‘‘March shall be determined by reference to the lat- Medicare therapy cap exceptions until 1, 2010’’ and inserting ‘‘April 1, 2010’’. est statement titled ‘‘Budgetary Effects of March 28, 2010. We’re extending the SEC. 6. EXTENSION OF MEDICARE THERAPY CAPS PAYGO Legislation’’ for this Act, submitted poverty guidelines. And I could go on EXCEPTIONS PROCESS. for printing in the Congressional Record by down this list. I have got a whole Section 1833(g)(5) of the Social Security the Chairman of the Committee on the Budg- Act (42 U.S.C. 1395l(g)(5)) is amended by et of the House of Representatives, provided bunch more. striking ‘‘December 31, 2009’’ and inserting that such statement has been submitted b 1730 ‘‘March 31, 2010’’. prior to the vote on passage. The fact is, we passed, in December, SEC. 7. EXTENSION OF USE OF 2009 POVERTY (b) EMERGENCY DESIGNATION FOR CONGRES- GUIDELINES. SIONAL ENFORCEMENT.—This Act, with the out of this House, a 6-month extension Section 1012 of the Department of Defense exception of section 5, is designated as an in unemployment benefits, but some- Appropriations Act, 2010 (Public Law 111–118) emergency for purposes of pay-as-you-go body decided we had to have a fili- is amended by striking ‘‘March 1, 2010’’ and principles. In the Senate, this Act is des- buster in the Senate, so they stepped inserting ‘‘March 31, 2010’’. ignated as an emergency requirement pursu- on the bill. And suddenly we come to SEC. 8. EXTENSION OF NATIONAL FLOOD INSUR- ant to section 403(a) of S. Con. Res. 13 (111th 5:28 p.m. on the 25th of February and Congress), the concurrent resolution on the ANCE PROGRAM. somebody says, oh, my God, there are Section 129 of the Continuing Appropria- budget for fiscal year 2010. tions Resolution, 2010 (Public Law 111–68), as (c) EMERGENCY DESIGNATION FOR STATU- going to be people in my district with amended by section 1005 of Public Law 111– TORY PAYGO.—This Act, with the exception no check. They have been calling my 118, is further amended by striking ‘‘by sub- of section 5, is designated as an emergency office for the last 2 weeks. Are they stituting’’ and all that follows through the requirement pursuant to section 4(g) of the going to extend benefits? Will my bene- period at the end, and inserting ‘‘by sub- Statutory Pay-As-You-Go Act of 2010 (Public fits be extended? What’s going to hap- stituting March 28, 2010, for the date speci- Law 111–139; 2 U.S.C. 933(g)). pen to us? fied in each such section.’’. The SPEAKER pro tempore. Pursu- Well, this is their answer. We will SEC. 9. EXTENSION OF SMALL BUSINESS LOAN ant to the rule, the gentleman from give them another month’s reprieve, GUARANTEE PROGRAM. Washington (Mr. MCDERMOTT) and the and I urge all my colleagues to vote for (a) IN GENERAL.—Section 502(f) of division gentleman from California (Mr. A of the American Recovery and Reinvest- this bill. ment Act of 2009 (Public Law 111–5; 123 Stat. HERGER) each will control 20 minutes. I reserve the balance of my time. 153) is amended by striking ‘‘February 28, The Chair recognizes Mr. Mr. HERGER. Mr. Speaker, I yield 2010’’ and inserting ‘‘March 28, 2010’’. MCDERMOTT. myself such time as I may consume. (b) APPROPRIATION.—There is appropriated, GENERAL LEAVE This legislation provides for a 1-month out of any funds in the Treasury not other- Mr. MCDERMOTT. Mr. Speaker, I ask extension of several important pro- wise appropriated, for an additional amount unanimous consent that Members may grams, including unemployment insur- for ‘‘Small Business Administration – Busi- ance and health coverage for Ameri- ness Loans Program Account’’, $60,000,000, to have 5 legislative days to revise and ex- remain available through March 28, 2010, for tend their remarks. cans laid off in this recession, a post- the cost of— The SPEAKER pro tempore. Is there ponement of severe cuts in Medicare (1) fee reductions and eliminations under objection to the request of the gen- payments to physicians and a satellite section 501 of division A of the American Re- tleman from Washington? television law that allows Americans covery and Reinvestment Act of 2009 (Public There was no objection. in rural areas to get access to local Law 111–5; 123 Stat. 151) for loans guaranteed Mr. MCDERMOTT. Mr. Speaker, I news and programming. under section 7(a) of the Small Business Act yield myself as much time as I may It’s important to realize that this is (15 U.S.C. 636(a)), title V of the Small Busi- consume. not a jobs bill. On the contrary, the ex- ness Investment Act of 1958 (15 U.S.C. 695 et seq.), or section 502 of division A of the This bill provides a short-term exten- tension of unemployment insurance is American Recovery and Reinvestment Act of sion for a number of programs. needed because the 2009 stimulus bill 2009 (Public Law 111–5; 123 Stat. 152), as When you have the other body basi- didn’t create the jobs Democrats prom- amended by this section; and cally operating on filibusters continu- ised. Laid-off workers should not be (2) loan guarantees under section 502 of di- ously on everything, it’s not surprising punished for that. vision A of the American Recovery and Rein- that suddenly somebody wakes up over Instead of creating 3.7 million jobs as vestment Act of 2009 (Public Law 111–5; 123 there and figures out that they’re promised, the stimulus bill was fol- Stat. 152), as amended by this section, going to have to go to work and pass lowed by 3.3 million additional job Provided, That such costs, including the cost of modifying such loans, shall be as defined some legislation. losses. A record 16 million are now unin section 502 of the Congressional Budget By the end of March, 1.2 million peo- employed, and Americans are asking Act of 1974. ple will run out of unemployment bene- ‘‘where are the jobs?’’ SEC. 10. SATELLITE TELEVISION EXTENSION. fits, so we’re extending unemployment The legislation before us continues (a) AMENDMENTS TO SECTION 119 OF TITLE benefits through the 8th of April, 2010. the payment of a record 99 weeks of 17, UNITED STATES CODE.— That is another month. The Senate total unemployment benefits, but mil- (1) IN GENERAL.—Section 119 of title 17, likes to have a vote on unemployment lions will soon be exhausting those United States Code, is amended— about once a month. For whatever rea- benefits and wondering what comes (A) in subsection (c)(1)(E), by striking son they want to come out here and do next, and they will face a job market ‘‘February 28, 2010’’ and inserting ‘‘March 28, that on top of everything else is now 2010’’; and this when they can see the problem and (B) in subsection (e), by striking ‘‘Feb- they want to drag the American people burdened by mammoth unemployment ruary 28, 2010’’ and inserting ‘‘March 28, through this process over and over payroll tax hikes caused by all the un- 2010’’. again, I cannot understand. The Repub- employment benefits paid to date. So (2) TERMINATION OF LICENSE.—Section licans over there using filibusters to the need to pass this bill today is the 1003(a)(2)(A) of Public Law 111–118 is amended stop the Senate from doing anything result of the failure of the Democrat by striking ‘‘February 28, 2010’’, and insert- simply don’t care about workers in this stimulus bill to create the jobs they ing ‘‘March 28, 2010’’. country. promised. If it had created those jobs, (b) AMENDMENTS TO COMMUNICATIONS ACT Now, there is also an extension of and unemployment were now under 8 OF 1934.—Section 325(b) of the Communica- tions Act of 1934 (47 U.S.C. 325(b)) is amend- COBRA assistance. We’re extending percent and falling, as Democrats pre- ed— that until the 28th of March, 2010, so dicted it would be, we would be in a po- (1) in paragraph (2)(C), by striking ‘‘Feb- people have health insurance for an- sition to start winding these benefits ruary 28, 2010’’ and inserting ‘‘March 28, other month. Thanks a lot. And we’re down. 2010’’; and extending surface transportation pro- Instead, unemployment is near 10 (2) in paragraph (3)(C), by striking ‘‘March grams, which makes related expendi- percent, and even the administration 1, 2010’’ each place it appears in clauses (ii) tures for surface transportation until thinks it will remain so through at and (iii) and inserting ‘‘March 29, 2010’’. March 28, 2010. least this year. SEC. 11. DETERMINATION OF BUDGETARY EF- FECTS. We’re extending the Medicare physi- The CBO has estimated this bill will (a) IN GENERAL.—The budgetary effects of cian update, which extends the in- add over $10 billion to the deficit. Less this Act, for the purpose of complying with crease in physicians’ payments until than 2 weeks after the Democrats’ pay- the Statutory Pay-As-You-Go-Act of 2010, March 28, 2010. We’re extending the as-you-go bill was signed into law, we

VerDate Nov 24 2008 04:32 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00069 Fmt 4634 Sfmt 0634 E:\CR\FM\A25FE7.033 H25FEPT1 dcolon on DSK2BSOYB1PROD with HOUSE H904 CONGRESSIONAL RECORD — HOUSE February 25, 2010 are already seeing billions of dollars be talking about something other than Some say that extending unemployment designated as ‘‘emergency spending’’ so the plight of the unemployed of this benefits stimulates job creation. If that were we don’t have to pay for it. country who can’t find a job, 6 or 7 peo- so, we would be at full employment already. With abundant unused TARP and ple looking for a job for every job that Today record numbers of Americans—over 11 stimulus money that could pay for this might open up. million—collect unemployment checks instead bill, it’s clear Democrats are not seri- I urge that we pass this overwhelm- of paychecks. They collect record weeks of ous about fiscal responsibility. ingly. benefits—up to 99 weeks per person. And We also need to craft policies that Mr. HERGER. Mr. Speaker, I reluc- Congress added another $100 per month to will actually create jobs so unem- tantly support this legislation. While it those checks, for the first time ever. Yet since ployed workers can get back to work. has major flaws, which I outlined ear- these programs started in 2008, the unem- That will require ending the massive lier, the current job market in so many ployment rate has jumped from 5.5 percent to taxing, spending, and borrowing plans parts of the country, including my own over 10 percent as almost 8 million jobs dis- this Democrat Congress and adminis- congressional district in northern Cali- appeared. tration has. These policies have cre- fornia, is so bad that the help, espe- So if these unemployment benefits are created severe uncertainty among Amer- cially for long-term unemployed indi- ating jobs, they are sure hard to see. But what ican workers and businesses, causing viduals, in this bill is both needed and we can see are mammoth payroll tax hikes economic stagnation and discouraging merited during the weeks covered by this year in most States, as they struggle to hiring. We could eliminate this uncer- this legislation at the very least. pay for these benefits. As employer after em- tainty and get the private-sector I yield back the balance of my time. ployer has said, those tax hikes will further American job creation engine hum- Mr. MCDERMOTT. Mr. Speaker, as I harm job creation when businesses and work- ming again by immediately extending listened to my friend from Michigan ers are already hurting. all expiring tax cuts, scrapping plans (Mr. LEVIN) talk about the situation, it for a government takeover of health In fact, some respected scholars argue brings you almost beyond anger to re- these record unemployment benefit expan- care, scrapping plans to impose a na- alize that one person in the other body tional energy tax via a cap-and-trade sions actually are resulting in more unemploy- has stopped the unemployment exten- ment, not less. That seems more than plau- program, repealing wasteful stimulus sion for several months. We don’t spending, and committing to not in- sible. know, even as we pass this bill over At this time I would request ask unanimous creasing taxes until the economy has there today, what will happen if that fully recovered. consent to insert in the RECORD an article from gentleman does not lift his restriction the November 17, 2009 New York Post, which I reserve the balance of my time. on the Senate bill. We may be into a Mr. MCDERMOTT. I yield 3 minutes states: cloture situation again. Now what they to my distinguished colleague from As Larry Summers, the president’s top as- did before, they held up unemployment Michigan (Mr. LEVIN). sistant for economic policy, noted in July, (Mr. LEVIN asked and was given per- insurance, they held it up and held it ‘‘the unemployment rate over the recession mission to revise and extend his re- up, and then, when it came to the end, has risen about 1 to 1.5 percentage points marks.) everybody voted for it. more than would normally be attributable to Mr. LEVIN. Well, what we face is the It is clear, from the first words out of the contraction in GDP’’. . . Summers highest number of long-term unem- my colleague from California’s mouth, knows why the US rate is so high. He ex- that this is about trying to prove to plained it well in a 1995 paper co-authored ployed for over 60 years, 6.3 million with James Poterba of MIT: ‘‘Unemployment people, long-term unemployed. We the people that the Democrats can’t run the Congress. They can’t run the insurance lengthens unemployment spells.’’ have 15 million people looking for . . . (T)he evidence is overwhelming that the work. Congress with the filibuster in the Sen- February stimulus bill has added at least I came in just in the middle of the ate stopping issues like this that are two percentage points to the unemployment statement from my friend from Cali- going to go through here unanimously. rate. If Congress and the White House hadn’t fornia. I don’t think this is the time for Nobody in his right mind is going to tried so hard to stimulate long-term unem- us to be arguing over past programs. I vote against health care and unemploy- ployment, the US unemployment rate would have never understood what the minor- ment benefits for people who are out now be about 8 percent and falling rather than more than 10 percent and—rising. ity was thinking about in terms of job there struggling, and nobody is going creation. They have voted against Re- to vote against flood insurance for peo- Mr. Chairman, we have tried extending un- covery Act bills. ple and nobody is going to vote against employment benefits again and again. And we But this isn’t the time to be using small business loan guarantees and a have only gotten more unemployment. Yet the plight of the unemployed to try to lot of other things that are in this ex- what unemployed workers really want are jobs make points about previous actions. tension bill because of the filibuster in and paychecks. We need to start over and do This is the time for us to once again the Senate. the things that really help create jobs for un- face up to the fact that we have huge I urge my colleagues to vote for this, employed workers. That means eliminating un- numbers of people who are looking for and I urge the other body to think certainty by scrapping Democrats’ government work and can’t find it. This is the time about changing the filibuster. health care takeover and cap and tax energy for us to understand the pain for indi- Mr. LINDER. Mr. Speaker, I rise in opposi- plans, extending expiring tax cuts on busi- viduals in this circumstance. We passed tion to this legislation. nesses and individuals, repealing wasteful a jobs bill here some months ago, un- This bill would increase Federal spending by stimulus spending, and committing to not in- fortunately, without bipartisan sup- $10 billion, or $125 per family of four in the creasing any tax until the economy has fully port. But I don’t want to argue about U.S. None of which would be paid for. And recovered. that. We should be talking about pro- that’s just a fraction of $1,000 per family of Until we do that, additional extensions of un- viding. It’s really not a safety net; it’s four it will cost to extend these programs employment benefits will simply spend even a subsistence issue. It’s people who through the end of the year, as is already in more money we don’t have without truly help- have been laid off through no fault of the works. That, too, will get added to our chil- ing unemployed workers find jobs, which must their own who need a continuation of dren’s already enormous tab of government be our real goal. unemployment compensation. debt. They deserve far better. [From the New York Post, Nov. 17, 2009] If we do not do this, the estimate is Ironically, just two weeks ago the President THE ‘STIMULUS’ FOR UNEMPLOYMENT that over 1 million people nationally signed Democrats’ ‘‘paygo’’ bill into law. He will lose their unemployment benefits said ‘‘the PAYGO bill . . . says very simply (By Alan Reynolds) in March. That’s 1 month alone, 1.2 that the United States of America should pay Why did the unemployment rate rise so million people. If that isn’t sobering as we go and live within our means again— rapidly—from 7.2 per cent in January to 10.2 enough to get us to focus on an exten- percent in October? It was clearly the admin- just like responsible families and businesses istration’s ‘‘stimulus’’ bill—which in Feb- sion of unemployment compensation do.’’ ruary provided $40 billion to greatly extend and health benefits for these people, I Yet today, with this bill, we’re not living with- jobless benefits at no cost to the states. don’t know what else we will do. in our means, yet again. As Larry Summers, the president’s top as- So I hope we will come here and pass A second flaw of this bill has to do with sistant for economic policy, noted in July, this bill and not use it as a vehicle to jobs. This legislation simply won’t create any. ‘‘the unemployment rate over the recession

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has risen about 1 to 1.5 percentage points words: If you extend benefits to 79 weeks, CONGRESS OF THE UNITED STATES, more than would normally be attributable to many people won’t find an acceptable job Washington, DC, February 24, 2010. the contraction in GDP.’’ And the rate has offer until the 76th or 78th week. Speaker NANCY PELOSI, moved nearly a percentage point higher House of Representatives, Meyer and Lawrence Katz of Harvard esti- since then, even though GDP increased. Washington, DC. mated that ‘‘a one-week increase in poten- Countries with much deeper declines in GDP, Chairman CHARLES B. RANGEL, such as Germany and Sweden, have unem- tial benefit duration increases the average House Committee on Ways and Means, ployment rates far below ours. duration of the unemployment spells . . . by Washington, DC. Summers knows why the US rate is so 0.16 to 0.20 weeks.’’ Apply that formula to Chairman HENRY A. WAXMAN, high. He explained it well in a 1995 paper co- the 20-to-53-week extension we’ve seen, and House Committee on Energy and Commerce, authored with James Poterba of MIT: ‘‘Un- you get an average of three to ten more Washington, DC. employment insurance lengthens unemploy- weeks spent on unemployment. And, sure Minority Leader JOHN A. BOEHNER, ment spells.’’ enough, the average unemployment spell has House of Representatives, Washington, DC. That is: When the government pays people risen by seven weeks this year—to nearly 27 Ranking Member DAVE CAMP, 50 to 60 percent of their previous wage to weeks by October. House Committee on Ways and Means, stay home for a year or more, many of them Washington, DC. Katz also found that extended benefits, by do just that. Ranking Member JOE BARTON, And the stimulus bribed states to extend making it easier for workers to wait and see House Committee on Energy and Commerce, benefits—which have now been stretched to whether they get their old jobs back, also Washington, DC. an unprecedented 79 weeks in 28 states and makes it easier for employers to delay re- to 46 to 72 weeks in the rest. Before mid–2008, calling laid-off workers. Just before unem- DEAR SPEAKER PELOSI, MINORITY LEADER by contrast, only a few states paid jobless ployment benefits run out, Katz found ‘‘large BOEHNER, CHAIRMAN RANGEL, RANKING MEM- benefits for even a month beyond the stand- positive jumps in both the recall rate and BER CAMP, CHAIRMAN WAXMAN, AND RANKING ard 26 weeks. new job finding rate.’’ MEMBER BARTON: As members of the House When you subsidize something, you get Rural Health Care Coalition, we are writing more of it. Extending unemployment bene- The White House recently made the mys- on behalf of our rural health care providers fits from 26 to 79 weeks was guaranteed to terious claim of having ‘‘saved’’ 640,329 jobs, and the patients that they serve to urge Con- leave many more people unemployed for at a cost of only $531,250 per job ($340 billion). gress to retroactively extend critical rural many more months. In reality, the evidence is overwhelming health payment adjustments under Medicare And longer unemployment translates to that the February stimulus bill has added at that recently expired. These rural support higher unemployment rates—because the least two percentage points to the unemploy- payments help preserve access to quality relatively small numbers of newly unem- ment rate. If Congress and the White House health care services in rural America and ployed are added to stubbornly large num- hadn’t tried so hard to stimulate long-term failing to swiftly extend them could impact bers of those who lost their jobs more than unemployment, the US unemployment rate the ability to continue delivering much- six months ago. Until benefits are about to run out, many would now be about 8 percent and falling needed care to our constituents. of the long-term unemployed are in no rush rather than more than 10 percent and—ris- The Medicare Modernization Act (MMA) to make serious efforts to find another job— ing. made important corrections to flaws in or to accept job offers that may involve a Mr. POMEROY. Mr. Speaker, I rise in sup- Medicare payments that have made a tre- long commute, relocation or disappointing mendous difference to the hospitals, doctors, salary and benefits. port of H.R. 4691, Temporary Extensions Act of 2010, which temporarily extends a number nurses and other providers in our states and (Incidentally, the ‘‘mercy’’ of longer bene- throughout rural America. Congress has a fits does no long-term favors: The literature of important expiring provisions to assist work- long record of extending these important is quite clear that a prolonged period on un- ers hit hard by the economy as well as averts rural health care provisions. Most recently, employment tends to depress income for the impending cuts under Medicare for physi- the House found it appropriate to include ex- years after you finally go back to work.) The median length of unemployment hov- cian services. These are important policies tensions of many of these critical rural ered around 10 weeks for six months before that we should not let lapse. health care provisions in legislation it February’s ‘‘stimulus’’ plan. Since half the passed last year. However, these provisions However, there are also a number of critical have not yet been signed into law. Therefore, unemployed found jobs within 10 weeks, rural health payment adjustments under Medi- more than half of those counted among the we ask for your continued support to im- unemployed in one month would no longer be care that expired last year which are not in- prove rural health care by including in legis- included three months later. In other words, cluded in this package. These payment adjust- lation Congress may consider in the coming more frequent turnover among the unem- ments were created under the Medicare Mod- weeks an extension of the critical rural ployed held down monthly unemployment. ernization Act to correct flaws in Medicare health provisions described below: But after February, with jobless benefits payments and have made a tremendous dif- Rural Hospitals: Our rural hospitals pro- stretched out to 46 to 79 weeks, the median vide essential inpatient, outpatient and post- duration of unemployment nearly doubled, ference to rural hospitals, physicians, ambu- acute care to nearly 9 million Medicare bene- reaching 18.7 weeks by October. lances, and laboratories and the seniors they The unemployment rate has not been ris- serve. Congress has a long record of extend- ficiaries. We support an extension of the geo- ing because of growing numbers of newly job- graphical wage index reclassifications for ing these important rural health care provi- the more than 100 ‘‘Section 508 Hospitals,’’ in less people. Indeed, initial claims for unem- sions. Most recently the House found it appro- ployment benefits are way down. And the order to continue to providing greater wage number of unfilled private job openings in- priate to include extensions of these critical parity within a state in order to address increased by 9.3 percent from the end of April rural health care provisions in legislation creasingly competitively labor markets. In to the end of September. passed last year. addition, it is critical that Congress ensures The unemployment rate has been rising be- that small rural hospitals continue to be re- These provisions have not yet been signed cause unprecedented numbers of those who imbursed for their costs for their laboratory became unemployed six to 19 months ago are into law and I am deeply concerned that failing services and preserves outpatient hold harm- remaining ‘‘on the dole’’ until their benefits to extend these important policies could im- less payments for sole community and small are nearly exhausted. pact the ability of rural providers to continue rural hospitals. We also support an extension Summers isn’t the only administration delivering much-needed care to our seniors. A of direct billing under Medicare for certain economist who understands this very well. grandfathered labs for the technical compo- Assistant Secretary of the Treasury for Eco- lapse in these provisions, even temporarily, has created a great level of instability for our nent of pathology services provided to cer- nomic Policy Alan Krueger co-authored a tain rural hospitals. Lastly, we support ex- 2002 survey of the topic with Bruce Meyer of affected providers and the patients that they tending the recently expired Rural Commu- the University of Chicago. They found that serve. That is why 69 bipartisan members of nity Hospital Demonstration project, which ‘‘unemployment insurance and worker’s the bipartisan Rural Health Care Coalition tests the feasibility and advisability for rea- compensation insurance . . . tend to increase have joined me in urging leadership to extend sonable cost reimbursement for small rural the length of time employees spend out of hospitals. work.’’ Last August, Krueger and Andreus these important policies. A copy of this letter Miller of Princeton also found that ‘‘job will follow my remarks. Rural Doctors and Practitioners: Only ten search increases sharply [from 20 minutes a percent of physicians practice in rural Amer- I am committed to retroactively extending ica even though more than a quarter of the week to 70] in the weeks prior to benefit ex- these important provisions which help pre- haustion.’’ population lives in these areas. In order to Similarly, Meyer found ‘‘the probability of serve access to quality health care services in help recruit and retain physicians where leaving unemployment rises dramatically rural America and will fight to ensure that they they are needed most, it is imperative that just prior to when benefits lapse.’’ In other are addressed. we continue to maintain the 1.0 floor on

VerDate Nov 24 2008 05:28 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00071 Fmt 4634 Sfmt 0634 E:\CR\FM\A25FE7.035 H25FEPT1 dcolon on DSK2BSOYB1PROD with HOUSE H906 CONGRESSIONAL RECORD — HOUSE February 25, 2010 the physician work geographic practice cost Accordingly (at 5 o’clock and 41 min- Gerlach Lofgren, Zoe Rogers (MI) index (GPCI). utes p.m.), the House stood in recess Giffords Lowey Rohrabacher Rural Ambulance: In providing critical Gohmert Lucas Rooney subject to the call of the Chair. Gonzalez Luetkemeyer Ros-Lehtinen emergency health care to patients, it costs Goodlatte Lummis Roskam rural ambulance service providers more per f Gordon (TN) Lungren, Daniel Ross transport than their urban counterparts be- Granger E. Rothman (NJ) cause of the greater distances rural providers b 1838 Graves Lynch Roybal-Allard travel and their lower transport volume. In Grayson Manzullo Royce fact, many of our rural ambulance service AFTER RECESS Green, Gene Marchant Ruppersberger Griffith Markey (CO) providers are staffed primarily by volunteers Rush The recess having expired, the House Guthrie Marshall Ryan (WI) to stay afloat. That is why it is necessary to was called to order by the Speaker pro Gutierrez Massa Salazar ensure that rural ambulance providers con- tempore (Mr. HIMES) at 6 o’clock and 38 Hall (NY) Matheson Scalise tinue to receive an additional 3 percent in Halvorson McCarthy (CA) minutes p.m. Schauer Medicare reimbursement, and for super rural Harper McCarthy (NY) Schiff McCaul ambulance service providers to continue to f Hastings (WA) Schmidt receive 22.6 percent to their base rate which Heinrich McClintock Schock Hensarling McCotter Schrader helps cover the costs of serving patients lo- MEDICARE PHYSICIAN PAYMENT Herger McHenry cated in these extremely rural areas. Schwartz REFORM ACT OF 2009 Herseth Sandlin McIntyre Scott (GA) These rural equity policy provisions are McKeon The SPEAKER pro tempore. Pursu- Higgins Sensenbrenner critical to the ability of our rural health Hill McMahon Sessions care providers to continue to provide quality ant to clause 1(c) of rule XIX, pro- Himes McMorris Sestak care to rural Americans. A lapse in these ceedings will now resume on the mo- Hinojosa Rodgers Shadegg McNerney Hodes Shimkus provisions, even temporarily, has created a tion offered by the gentleman from Meek (FL) Hoekstra Shuler great level of instability for our affected pro- Michigan (Mr. CONYERS) to concur in Melancon Holden Shuster viders and the patients that they serve. We Mica the Senate amendments to the bill Hoyer Simpson Miller (FL) urge your continued leadership in cham- (H.R. 3961) to amend title XVIII of the Hunter Sires Inglis Miller (MI) pioning these important rural issues. Skelton Social Security Act to reform the Inslee Miller (NC) Sincerely, Slaughter Medicare SGR payment system for Israel Miller, Gary Earl Pomeroy, Co-Chair, Rural Health Smith (NE) Issa Mitchell Care Coalition, Greg Walden, Chet Ed- physicians. Smith (NJ) Jackson (IL) Mollohan The Clerk read the title of the bill. Smith (TX) wards, Rick Boucher, Dennis Moore, Jackson Lee Moore (KS) Smith (WA) Michael H. Michaud, Timothy Walz, The SPEAKER pro tempore. The (TX) Moran (KS) Snyder Leonard L. Boswell, Cathy McMorris Jenkins Moran (VA) question is on the motion by the gen- Souder Rodgers, David Loebsack, Bruce tleman from Michigan. Johnson, E. B. Murphy (CT) Johnson, Sam Murphy (NY) Space Braley, Jim Marshall, Kathleen A. Spratt Dahlkemper, Brett Guthrie, Don The question was taken; and the Jordan (OH) Murphy, Patrick Speaker pro tempore announced that Kanjorski Murphy, Tim Stearns Young, Scott Murphy, Carolyn Kil- Sutton the ayes appeared to have it. Kaptur Napolitano patrick, Carol Shea-Porter, John Kennedy Neugebauer Tanner Boozman, Ben Chandler, Michael Mr. POSEY. Mr. Speaker, I object to Kildee Nunes Taylor Arcuri, Ron Paul, Frank Kratovil, the vote on the ground that a quorum Kilpatrick (MI) Nye Teague Terry Kevin Brady, Heath Shuler, Phil Hare, is not present and make the point of Kilroy Obey Charlie Melancon, Marion Berry, Jim Kind Olson Thompson (MS) order that a quorum is not present. Thompson (PA) Matheson, Mike Ross, Jo Ann Emer- King (IA) Ortiz Thornberry ´ The SPEAKER pro tempore. Evi- King (NY) Owens son, Shelley Moore Capito, Ruben Tiahrt dently a quorum is not present. Kingston Pascrell Hinojosa, Michael K. Simpson, Gene Kirk Paulsen Tiberi Taylor. The Sergeant at Arms will notify ab- Kirkpatrick (AZ) Pence Titus Jerry Moran, Co-chair, Rural Health Care sent Members. Kissell Perlmutter Tonko Coalition, James L. Oberstar, Chaka The vote was taken by electronic de- Klein (FL) Peters Tsongas Fattah, Peter Welch, Rau´ l M. Grijalva, Kline (MN) Peterson Turner Ron Kind, Bill Foster, Eric Massa, Den- vice, and there were—yeas 315, nays 97, Kosmas Petri Upton Van Hollen nis Cardoza, Blaine Luetkemeyer, Bob not voting 20, as follows: Kratovil Platts Lamborn Poe (TX) Walden Etheridge, Adrian Smith, Brad Ells- [Roll No. 67] Lance Pomeroy Walz worth, Larry Kissell, Donald A. Man- YEAS—315 Langevin Posey Wamp zullo, John W. Olver, Sam Graves, Larsen (WA) Putnam Wasserman Ackerman Brown (SC) Crenshaw Gabrielle Giffords, Deborah L. Latham Quigley Schultz Aderholt Brown, Corrine Cuellar Watson Halvorson, Rick Larsen, Charles A. Adler (NJ) Brown-Waite, Culberson LaTourette Rahall Weiner Wilson, John Barrow, Rodney Alex- Akin Ginny Dahlkemper Latta Rangel Whitfield ander, Stephanie Herseth Sandlin, Alexander Buchanan Davis (AL) Lee (NY) Rehberg Wilson (OH) John Salazar, Christopher P. Carney, Altmire Burgess Davis (CA) Levin Reyes Andrews Burton (IN) Davis (IL) Lewis (CA) Rodriguez Wittman Lincoln Davis, Harold Rogers, Sanford Linder Roe (TN) Wolf D. Bishop, Jr., Mike McIntyre, Todd Arcuri Butterfield Davis (KY) Austria Buyer Davis (TN) Lipinski Rogers (AL) Yarmuth Tiahrt, Bill Delahunt, Nick J. Rahall Baca Calvert DeGette LoBiondo Rogers (KY) Young (FL) II, Ike Skelton, Bart Stupak. Bachmann Camp Delahunt Mr. MCDERMOTT. I yield back the Bachus Campbell DeLauro NAYS—97 Baird Cantor Diaz-Balart, L. Abercrombie Ehlers Lee (CA) balance of my time. Barrow Cao Diaz-Balart, M. Baldwin Ellison Lewis (GA) The SPEAKER pro tempore. The Barton (TX) Capito Dicks Bartlett Engel Loebsack Bean Cardoza Donnelly (IN) question is on the motion offered by Becerra Farr Luja´ n Berkley Carnahan Doyle Berman Filner Maffei the gentleman from Washington (Mr. Berry Carney Dreier Bishop (UT) Frank (MA) Maloney MCDERMOTT) that the House suspend Biggert Carson (IN) Driehaus Blumenauer Fudge Markey (MA) Bilbray Carter Edwards (TX) the rules and pass the bill, H.R. 4691. Boccieri Green, Al Matsui Bilirakis Cassidy Ellsworth Braley (IA) Grijalva McCollum The question was taken; and (two- Bishop (GA) Castle Emerson Capuano Hare McDermott Blackburn Castor (FL) Eshoo thirds being in the affirmative) the Chaffetz Harman McGovern Blunt Chandler Etheridge rules were suspended and the bill was Chu Hastings (FL) Meeks (NY) Boehner Childers Fattah Clarke Heller Michaud passed. Bonner Clay Flake Cleaver Hinchey Miller, George Bono Mack Clyburn Fleming Cohen Hirono Minnick f Boozman Coble Forbes Costello Holt Moore (WI) Boren Coffman (CO) Fortenberry Crowley Honda Nadler (NY) Boswell Cole Foster RECESS Cummings Johnson (GA) Neal (MA) Boustany Conaway Foxx DeFazio Johnson (IL) Oberstar The SPEAKER pro tempore. Pursu- Boyd Connolly (VA) Franks (AZ) Dingell Jones Olver Brady (PA) Conyers Frelinghuysen ant to clause 12(a) of rule I, the Chair Doggett Kagen Pallone Brady (TX) Cooper Gallegly Duncan Kucinich Pastor (AZ) declares the House in recess subject to Bright Costa Garamendi Edwards (MD) Larson (CT) Paul the call of the Chair. Broun (GA) Courtney Garrett (NJ)

VerDate Nov 24 2008 05:28 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00072 Fmt 4634 Sfmt 0634 E:\CR\FM\A25FE7.046 H25FEPT1 dcolon on DSK2BSOYB1PROD with HOUSE February 25, 2010 CONGRESSIONAL RECORD — HOUSE H907 Payne Sarbanes Vela´ zquez Boren Gallegly Lungren, Daniel Royce Shuler Titus Perriello Schakowsky Visclosky Boswell Garamendi E. Ruppersberger Shuster Tonko Pingree (ME) Scott (VA) Waters Boustany Garrett (NJ) Lynch Rush Simpson Towns Polis (CO) Serrano Watt Boyd Gerlach Maffei Ryan (OH) Sires Turner Price (NC) Shea-Porter Waxman Brady (PA) Giffords Maloney Ryan (WI) Skelton Upton Richardson Sherman Welch Brady (TX) Gohmert Manzullo Salazar Slaughter Van Hollen ´ ´ Ryan (OH) Speier Woolsey Braley (IA) Gonzalez Marchant Sanchez, Linda Smith (NE) Velazquez ´ Sanchez, Linda Thompson (CA) Wu Bright Goodlatte Markey (CO) T. Smith (NJ) Visclosky T. Tierney Sanchez, Loretta Smith (TX) Walden Young (AK) Broun (GA) Gordon (TN) Markey (MA) Sanchez, Loretta Towns Brown (SC) Granger Marshall Sarbanes Smith (WA) Walz Brown, Corrine Graves Massa Scalise Snyder Wamp NOT VOTING—20 Brown-Waite, Grayson Matheson Schakowsky Souder Wasserman Barrett (SC) Gingrey (GA) Reichert Ginny Green, Al Matsui Schauer Space Schultz Bishop (NY) Hall (TX) Stark Buchanan Green, Gene McCarthy (CA) Schiff Speier Waters Boucher Mack Stupak Burgess Griffith McCarthy (NY) Schmidt Spratt Watson Capps Myrick Sullivan Burton (IN) Grijalva McCaul Schock Stearns Watt Deal (GA) Pitts Westmoreland Butterfield Guthrie McClintock Schrader Sutton Waxman Dent Price (GA) Wilson (SC) Buyer Gutierrez McCollum Schwartz Tanner Weiner Fallin Radanovich Calvert Hall (NY) McCotter Scott (GA) Taylor Welch Camp Halvorson McDermott Scott (VA) Teague Whitfield b 1926 Campbell Hare McGovern Sensenbrenner Terry Wilson (OH) Cantor Harman McHenry Serrano Thompson (CA) Wittman Messrs. THOMPSON of California, Cao Harper McIntyre Sessions Thompson (MS) Wolf MAFFEI, DEFAZIO, FRANK of Massa- Capito Hastings (FL) McKeon Sestak Thompson (PA) Woolsey Shadegg Thornberry Wu chusetts, COSTELLO, PAYNE, Capuano Hastings (WA) McMahon Cardoza Heinrich McMorris Shea-Porter Tiahrt Yarmuth HONDA, NEAL of Massachusetts, Carnahan Heller Rodgers Sherman Tiberi Young (AK) LARSON of Connecticut, HASTINGS of Carney Hensarling McNerney Shimkus Tierney Young (FL) Florida, TIERNEY, BARTLETT, Carson (IN) Herger Meek (FL) NOT VOTING—21 HELLER, BERMAN, GEORGE MILLER Carter Herseth Sandlin Meeks (NY) Cassidy Higgins Melancon Barrett (SC) Gingrey (GA) Reichert of California, SARBANES, CLEAVER, Castle Hill Mica Bishop (NY) Hall (TX) Stark HARE, ENGEL, EHLERS, RYAN of Castor (FL) Himes Michaud Boucher Mack Stupak Chaffetz Hinchey Miller (FL) Capps Myrick Sullivan Ohio and PRICE of North Carolina and Deal (GA) Pitts Tsongas Ms. SCHAKOWSKY, Ms. RICHARD- Chandler Hinojosa Miller (MI) Childers Hirono Miller (NC) Dent Price (GA) Westmoreland SON, Ms. CLARKE and Ms. FUDGE Chu Hodes Miller, Gary Fallin Radanovich Wilson (SC) changed their vote from ‘‘yea’’ to Clarke Hoekstra Miller, George b 1948 ‘‘nay.’’ Clay Holden Minnick So the motion was agreed to. Cleaver Holt Mitchell So (two-thirds being in the affirma- Clyburn Honda Mollohan tive) the rules were suspended and the The result of the vote was announced Coble Hoyer Moore (KS) as above recorded. Coffman (CO) Hunter Moore (WI) concurrent resolution, as amended, was A motion to reconsider was laid on Cohen Inglis Moran (KS) agreed to. Cole Moran (VA) the table. Inslee The result of the vote was announced Conaway Israel Murphy (CT) as above recorded. Connolly (VA) Issa Murphy (NY) f Conyers Jackson (IL) Murphy, Patrick A motion to reconsider was laid on Cooper Jackson Lee Murphy, Tim the table. NATIONAL URBAN CRIMES Costa (TX) Nadler (NY) f AWARENESS WEEK Costello Jenkins Napolitano Courtney Johnson (GA) Neal (MA) PERMISSION FOR MEMBER TO BE The SPEAKER pro tempore. The un- Crenshaw Johnson (IL) Neugebauer finished business is the question on Crowley Johnson, E. B. Nunes CONSIDERED AS FIRST SPONSOR suspending the rules and agreeing to Cuellar Johnson, Sam Nye OF H.R. 1103 Culberson Jones Oberstar the concurrent resolution, H. Con. Res. Cummings Jordan (OH) Obey Ms. WASSERMAN SCHULTZ. Mr. 227, as amended. Dahlkemper Kagen Olson Speaker, I ask unanimous consent that The Clerk read the title of the con- Davis (AL) Kanjorski Olver I may hereafter be considered to be the Davis (CA) Kaptur Ortiz first sponsor of H.R. 1103, a bill origi- current resolution. Davis (IL) Kennedy Owens The SPEAKER pro tempore. The Davis (KY) Kildee Pallone nally introduced by Representative question is on the motion offered by Davis (TN) Kilpatrick (MI) Pascrell WEXLER of Florida, for the purposes of the gentleman from Virginia (Mr. DeFazio Kilroy Pastor (AZ) adding cosponsors and requesting DeGette Kind Paul SCOTT) that the House suspend the Delahunt King (IA) Paulsen reprintings pursuant to clause 7 of rule rules and agree to the concurrent reso- DeLauro King (NY) Payne XII. lution, H. Con. Res. 227, as amended. Diaz-Balart, L. Kingston Pence The SPEAKER pro tempore. Is there Diaz-Balart, M. Kirk Perlmutter objection to the request of the gentle- The question was taken. Dicks Kirkpatrick (AZ) Perriello The SPEAKER pro tempore. In the Dingell Kissell Peters woman from Florida? opinion of the Chair, two-thirds being Doggett Klein (FL) Peterson There was no objection. in the affirmative, the ayes have it. Donnelly (IN) Kline (MN) Petri Doyle Kosmas Pingree (ME) f Mr. MCGOVERN. Mr. Speaker, on Dreier Kratovil Platts MESSAGE FROM THE SENATE that I demand the yeas and nays. Driehaus Kucinich Poe (TX) The yeas and nays were ordered. Duncan Lamborn Polis (CO) A message from the Senate by Ms. Edwards (MD) Lance Pomeroy Curtis, one of its clerks, announced The SPEAKER pro tempore. This Edwards (TX) Langevin Posey will be a 15-minute vote. Ehlers Larsen (WA) Price (NC) that the Senate agrees to the amend- The vote was taken by electronic de- Ellison Larson (CT) Putnam ment of the House to the amendment vice, and there were—yeas 411, nays 0, Ellsworth Latham Quigley of the Senate to the bill (H.R. 2847) ‘‘An Emerson LaTourette Rahall not voting 21, as follows: Engel Latta Rangel Act making appropriations for the De- [Roll No. 68] Eshoo Lee (CA) Rehberg partments of Commerce and Justice, Etheridge Lee (NY) Reyes YEAS—411 and Science, and Related Agencies for Farr Levin Richardson the fiscal year ending September 30, Abercrombie Bachus Bilbray Fattah Lewis (CA) Rodriguez Ackerman Baird Bilirakis Filner Lewis (GA) Roe (TN) 2010, and for other purposes.’’, with an Aderholt Baldwin Bishop (GA) Flake Linder Rogers (AL) amendment. Adler (NJ) Barrow Bishop (UT) Fleming Lipinski Rogers (KY) The message also announced that Akin Bartlett Blackburn Forbes LoBiondo Rogers (MI) Alexander Barton (TX) Blumenauer Fortenberry Loebsack Rohrabacher pursuant to Executive Order No. 13531, Altmire Bean Blunt Foster Lofgren, Zoe Rooney the Chair, on behalf of the Majority Andrews Becerra Boccieri Foxx Lowey Ros-Lehtinen Leader, announces the appointment of Arcuri Berkley Boehner Frank (MA) Lucas Roskam the following Members to the National Austria Berman Bonner Franks (AZ) Luetkemeyer Ross Baca Berry Bono Mack Frelinghuysen Luja´ n Rothman (NJ) Commission on Fiscal Responsibility Bachmann Biggert Boozman Fudge Lummis Roybal-Allard and Reform:

VerDate Nov 24 2008 04:45 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00073 Fmt 4634 Sfmt 0634 E:\CR\FM\A25FE7.036 H25FEPT1 dcolon on DSK2BSOYB1PROD with HOUSE H908 CONGRESSIONAL RECORD — HOUSE February 25, 2010 The Senator from Illinois (Mr. DUR- beings, but when you’re talking about passed House Resolution 1066, recog- BIN). the security of the United States of nizing the bravery and efforts of the The Senator from Montana (Mr. BAU- America, that’s number one. That is United States Armed Forces, local first CUS). number one. When we take our oath of responders, and other members of Oper- The Senator from North Dakota (Mr. office here, we swear to uphold and de- ation Unified Response for their swift CONRAD). fend the Constitution against all en- and coordinated action in light of the f emies, foreign and domestic. If these devastation wrought upon the nation terrorists are enemies of the United of Haiti after a horrific 7.0 magnitude SPECIAL ORDERS States, we need to do whatever we can earthquake struck Port-au-Prince and The SPEAKER pro tempore (Mr. to make sure that we get information surrounding cities on the 12th of Janu- MAFFEI). Under the Speaker’s an- from them to protect this country. The ary, 2010. nounced policy of January 6, 2009, and people who are doing that job frontline I have the unique honor of rep- under a previous order of the House, are the FBI, the CIA, the DIA, and all resenting both Fort Bragg and Pope the following Members will be recog- of our intelligence agencies. To ham- Air Force Base. Men and women from nized for 5 minutes each. string them makes no sense to me the base were critical to the Haitian f whatsoever. relief effort, and soldiers were involved The SPEAKER pro tempore. Under a My liberal colleagues on the other in rescue and recovery operations as previous order of the House, the gen- side want to pat them on the head and well as in humanitarian relief—passing out food and water to victims of this tleman from Kansas (Mr. MORAN) is give them Jell-O for lunch and do all the other crazy things that you should terrible disaster. recognized for 5 minutes. I would like to thank all of the mili- (Mr. MORAN of Kansas addressed the do. They’re living better down at Guan- tary and civilian personnel who re- House. His remarks will appear here- tanamo than the people in our prisons sponded so effectively and quickly to after in the Extensions of Remarks.) here in the United States—Americans. this disaster, serving honorably under f Yet we want to make sure that we less than ideal conditions. treat them with kid gloves. The 2nd Battalion of the 82nd Air- HANDLING WITH KID GLOVES THE Right now, we have three Navy ENEMIES OF THIS NATION borne Division and the 18th Airborne SEALs who are going to be court- Corps were among the first responders, The SPEAKER pro tempore. Under a martialed because they captured an al with hundreds of people on the ground previous order of the House, the gen- Qaeda terrorist in Fallujah, in Iraq, a within days of the disaster and thou- tleman from Indiana (Mr. BURTON) is terrorist who dragged four American sands within a week. recognized for 5 minutes. contractors through the streets, burned Mr. BURTON of Indiana. Mr. Speak- their bodies, tortured them, and hung b 2000 er, sometimes I just do not understand them from a bridge. In addition to The 2nd of the 319th Airborne soon this place. We are fighting people who that, he cut the head off of Daniel joined them. The entire United States will cut off your head, who will blow up Pearl, a newsman, and he put his head Army Garrison Fort Bragg came to- a building and kill 3,000 people with an on a pike. gether and deployed units from the airplane. They will do anything they You know, that guy, I’m sure, de- 82nd Airborne and 18th Corps in their can to destroy America. Yet, when we serves a little extra sweet treatment, support for our neighbors to the south. pass an intelligence bill, we want to do but I don’t think so. Because he said he In times of disaster, restoring and everything we can to treat them with was hit in the mouth, had a bloody lip supporting the most basic require- kid gloves. It just doesn’t make any and got hit in the stomach, the three ments of life becomes a challenge. The sense to me. The bill we are going to be Navy SEALs who captured him are 43rd and the 440th Maintenance Oper- voting on tomorrow in the manager’s being court-martialed. ations Squadrons and the 43rd Logis- amendment says this: It makes no sense. This place is going tics Readiness Squadron provided the It would define ‘‘cruel, inhuman, and nuts. We ought to be doing everything support for the fundamental require- degrading treatment’’ in intelligence we can to defend and protect this coun- ments desperately needed by the Hai- interrogations, and it would provide a try, and that means doing whatever is tians: water, meals, and basic shelter. Of course, even the most needed sup- penalty of up to 15 years in prison for necessary, with certain limits, to ex- plies are useless on a tarmac. The 3rd the use of this treatment during an in- tract any information we can from a Aerial Port Squadron, the 43rd Mis- terrogation. terrorist. For us to put language in sions Support Squadron, the 440th Air They’re talking about our CIA people there like we’re going to give a 15-year Wing, and the 2nd Airlift Squadron got who are interrogating a terrorist—an penalty in prison for a CIA agent who al Qaeda terrorist, a Taliban terrorist the materials where they were needed. goes a little beyond by using cruel, in- The 145th Air Wing of the North Caro- or somebody who is threatening the se- human, or degrading treatment—and, lina National Guard worked with Pope curity of the United States. I want to boy, I don’t know how you’d define Air Force personnel to make these de- read that again. that—what CIA agent is going to want liveries happen. Matching the supplies It would define ‘‘cruel, inhuman, and to take that risk? and the need is no small task. The 43rd degrading treatment’’ in intelligence I just don’t understand it, Mr. Speak- Operations Support Squadron and the interrogations, and it would provide a er. We are in a war against people who 43rd Communication Squadron brought penalty of up to 15 years in prison for want to destroy us and our way of life. it all together under the able direction the use of this treatment during an in- They are willing to do all kinds of of the 43rd OG Command Post and as- terrogation. things—fly planes into buildings, do ev- sistance of the 43rd Security Forces. Now, what intelligence agent in his erything else, cut off heads, torture The devastation of the nation of right mind would go that extra mile to people. Yet we want to make sure we Haiti was tremendous. The infrastruc- get information from a terrorist who treat them with kid gloves. It makes ture we take most for granted was de- had information about flying a plane absolutely no sense, and I will not vote stroyed. Roads, airports, and water in- into a building to kill a couple of thou- for that bill tomorrow or anything that frastructure were made useless in an sand people? Because, if he used any- looks like it. instant. The 43rd Civil Engineering thing that didn’t fit within this cat- f Squadron arrived to put out fires and egory, he could be jailed. He could be stayed to rebuild these fundamental HONORING THE HEROES OF THE prosecuted and could go to jail for 15 needs. years. That’s insane. HAITIAN DISASTER The military personnel were not the Then it goes on to say that it would The SPEAKER pro tempore. Under a only ones from North Carolina who re- also provide a criminal penalty of up to previous order of the House, the gen- sponded to the crisis. Civilians, first re- 5 years in jail for medical professionals tleman from North Carolina (Mr. sponders, individual volunteers, and who enable such activities. ETHERIDGE) is recognized for 5 minutes. generous donors all helped make a dif- Look, I don’t believe in torture, and Mr. ETHERIDGE. Mr. Speaker, on ference to the people of Haiti. Commu- I don’t believe in mistreating human Tuesday, the House unanimously nities of faith across the State moved

VerDate Nov 24 2008 04:45 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00074 Fmt 4634 Sfmt 0634 E:\CR\FM\A25FE7.039 H25FEPT1 dcolon on DSK2BSOYB1PROD with HOUSE February 25, 2010 CONGRESSIONAL RECORD — HOUSE H909 to help all Haitians, many building wells. They hire geologists to help find So what are we going to do right now upon decades of commitment to that the right place to drill for oil and nat- if we drastically reduce America’s en- island nation. Churches of every de- ural gas. Backhoe drivers clear the ergy production, if we cut our ability nomination and members of all faiths drilling areas. Truck drivers haul to deliver natural gas? Are we going to worked together in acts of charity. As equipment and make deliveries. The just sit at home and freeze in the dark? the Gospel tells us to do, they fed the food service industry feeds the inde- Most places, except in big cities, hungry, gave water to the thirsty, sent pendent crews. And these taxes threat- there is no public transportation. How shelter to strangers, provided clothing en the whole infrastructure that sup- are people supposed to get to work? to the suddenly destitute, offered comports the independent oil and gas in- Where I represent in southeast Texas, fort and medical care, and, in the sad- dustry. people drive to work. Their vehicle dest charity of all, some helped to bury According to the Texas Alliance of sometimes is their car—it’s called a the dead. In addition to the efforts of Energy Producers, 88 percent of nat- pickup truck. the churches, synagogues, mosques, ural gas in Texas comes from small The energy-killing policies are pro- and other places of prayer, the Lions, independent operators. These wildcat- posed by the administration this year, the Masons, and the Daughters of the ters represent the independent spirit of not 10 years from now, but it’s in the American Revolution all pulled out the this Nation that has made us the great- next budget. It will kill off American stops to reach across the ocean. est country in the world, the small jobs. It will kill off productivity. It Mr. Speaker, the military support, businesses that are the backbone of will make America more vulnerable to the people of faith, and the civilian this country. our enemies, and it will send money, first responders are not three groups; If we stop the tax incentives, this in American money, overseas, and it will they are all one community. These essence puts a new tax on these inde- continue to make us dependent on for- groups are interwoven threads that pendents. It will kill off these small eign countries for our oil. It’s not a came together to weave a safety net of businesses, decrease discovery of new good idea to destroy America’s energy volunteers, food, comfort, and shelter oil and natural gas in our Nation, and industry. The government should not for the suffering in Haiti. I am proud of it will choke off the infrastructure that tax our energy industry out of busi- their efforts as they’ve worked to sup- promotes and provides most of Amer- ness. port the needs in Haiti. I am proud to ica’s natural gas. Now, my question is, And that’s just the way it is. represent such an amazing tapestry of why would the administration inten- f generosity and talent in the 2nd Dis- tionally put people, including many The SPEAKER pro tempore. Under a trict of North Carolina. And I was blue collar workers, out of business and previous order of the House, the gentle- proud to support this legislation. out of work? woman from California (Ms. WOOLSEY) Mr. Speaker, let me say tonight to These new taxes are punishing the is recognized for 5 minutes. all Americans: I thank them for their little guy, and when they go after the (Ms. WOOLSEY addressed the House. help to these people in their hour of little guys, they’re going to have to Her remarks will appear hereafter in need. stop the drilling. There will also be the Extensions of Remarks.) f fewer refineries. f Natural gas is the clean burning THE ADMINISTRATION’S ENERGY- transition fuel of the future, and you INTERROGATION TACTICS KILLING POLICIES have to drill a hole in the ground to get The SPEAKER pro tempore. Under a The SPEAKER pro tempore. Under a it. Natural gas will be the bridge until previous order of the House, the gen- previous order of the House, the gen- we have something else to transition tleman from Washington (Mr. tleman from Texas (Mr. POE) is recog- to. We can’t switch to an all-illu- MCDERMOTT) is recognized for 5 min- nized for 5 minutes. sionary green energy resource that utes. Mr. POE of Texas. Mr. Speaker, the doesn’t yet exist overnight. But we Mr. MCDERMOTT. Mr. Speaker, ear- administration’s new budget proposal have 100 to 150 years of proven natural lier today we heard some pretty imagi- will strangle small business. But gas reserves in just our own country. native accusations from my Republican there’s one small business the new You have to drill for it. It’s in the colleagues when they were talking budget is targeting with both barrels: ground. Some of it’s underwater. But about an amendment I offered to the the small, independent mom-and-pop it’s a clean-energy fuel. Intelligence Authorization Act. While oil and gas producers. How can the administration justify my amendment is being removed from Getting energy out of the ground is a subsidizing a green technology that the manager’s amendment up in the tough business, and it’s expensive. doesn’t even exist but they won’t let Rules Committee, I want to take this These wildcatters hire a lot of people the small oil and gas independents de- opportunity to clear up a few things. and risk a lot of their own money to duct a part of their risk drilling for When President Obama took office find oil and natural gas. Banks don’t natural gas? last year, one of his first Executive or- lend money to these people for risky Nearly 60 percent of our oil comes ders was to extend the Army field propositions; so a group of investors from other countries all over the manual’s guidelines on interrogation has to come together and risk their world, and most of those countries tactics. Those guidelines prohibit in- own money to drill in an oil or gas don’t like us. If we kill off the inde- terrogators in all Federal agencies well, and the Federal Government pendent oil and gas industry in Amer- from using brutal interrogations in any gives incentives for taking this risk ica, what are we going to do? Try to circumstance. That is the law today. with a tax writeoff for part of their import more oil? So to get the facts straight, brutal drilling expenses, because, frankly, I probably represent more refineries interrogations are illegal right now. America needs this energy. than any other Member of Congress. If But this Executive order doesn’t com- The removal of the tax deduction this legislation passes, it will cost pletely solve the problem. The Presi- plus new taxes on all energy producers southeast Texas billions of dollars in dent can’t include criminal penalties in will be in the billions. But removal of new taxes. It will hammer the refinery Executive orders, and current U.S. law tax deductions especially hurts small industry and put thousands out of doesn’t outline what constitutes a bru- businesses that take the risk. Ninety work. tal interrogation. percent of the wells drilled, owned, and Now, why would the administration My amendment would have expanded operated in this country are inde- target America’s energy producers? upon the President’s Executive order pendent small operators. Let me re- Why would we want to send more to clearly define what constitutes a peat. Ninety percent of the wells money to countries in the Middle East? cruel, inhuman, or degrading interro- drilled, owned, and operated in this Why would we want to send more gation so that it is unmistakable what country are independent small opera- money to Hugo Chavez? Wouldn’t that kinds of techniques are unacceptable. tors. They’re called the ‘‘wildcatters.’’ money be better spent on American en- It also creates criminal penalties for These independent operators go out ergy provided by American companies those who use those kinds of interroga- and hire other businesses to drill oil who offer jobs here in America? tions. And to be clear, I didn’t invent

VerDate Nov 24 2008 04:45 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00075 Fmt 4634 Sfmt 0634 E:\CR\FM\K25FE7.120 H25FEPT1 dcolon on DSK2BSOYB1PROD with HOUSE H910 CONGRESSIONAL RECORD — HOUSE February 25, 2010 this concept myself. The amendment As the President said when he issued lives of kids, kids from all walks of was based on the Army field manual his Executive order last year, ‘‘We are life, kids that came from intact fami- definition of acceptable and unaccept- willing to observe core standards of lies and very challenged cir- able interrogation tactics, which, as conduct not just when it’s easy, but cumstances. I saw how Scouting made Senator JOHN MCCAIN has said, is effec- also when it’s hard.’’ a difference in terms of putting them tive 99.9 percent of the time. One of the f on the path for successful careers to most important things to remember become community leaders, to actually 2015 about these kinds of interrogations is b become life savers, and had Scouts that that they simply don’t work. The SPEAKER pro tempore. Under a applied their skills that they had Brutal interrogations are not an ef- previous order of the House, the gen- learned to save lives. And as patriots fective tool to collect information, and tleman from North Carolina (Mr. and serving their country as members what’s worse, they actually may JONES) is recognized for 5 minutes. of our Armed Services, as firefighters, produce unreliable information. As (Mr. JONES addressed the House. His EMTs, and as becoming loving spouses former CIA official Bob Baer has said, remarks will appear hereafter in the and parents themselves. ‘‘What happens when you torture peo- Extensions of Remarks.) Mr. Speaker, today I rise to talk ple is they figure out what you want to f about, additionally, the oldest existing, hear and they tell you that.’’ continuously registered, non-merged An endless string of studies have 100TH ANNIVERSARY OF THE BOY SCOUTS OF AMERICA Boy Scout Council in America: The shown us that when people’s minds or Chief Cornplanter Council based in bodies are subjected to the kind of The SPEAKER pro tempore. Under a Warren County, Pennsylvania. It was trauma these brutal interrogations en- previous order of the House, the gen- founded in July 1913. tail, their brains don’t function prop- tleman from Pennsylvania (Mr. THOMP- In this 100th year of the establish- erly. For example, during training ex- SON) is recognized for 5 minutes. ment of Scouting, it is a pleasure to ercises, American special operative sol- Mr. THOMPSON of Pennsylvania. point out to my colleagues that the diers have had difficulty remembering Thank you, Mr. Speaker. Chief Cornplanter Council was the 17th information after they’d been put Mr. Speaker, I rise today actually in council to receive a charter from the through food or sleep deprivation. celebration of the recognition of the Boy Scouts of America. But the first 16 Why are the Republicans defending a 100th anniversary of a great, value- have either disbanded or merged with tactic we know doesn’t work? Interro- laden, principle-driven organization, other councils. So it holds onto the dis- gations like those hurt our reputation the Boy Scouts of America. It was 100 abroad. The world was horrified when tinction as the oldest. years ago this month that led to the Originally chartered as the Warren they saw what American soldiers were formal organization of the Boy Scouts doing at Abu Ghraib. As former Sec- County Council, the group was re- of America. And that came from an named Chief Cornplanter Council in retary of State Colin Powell has said, event actually that happened across ‘‘People are now starting to question 1954 to honor a local Seneca chief. The the sea, in London. council office in Warren has a museum whether we’re following our own high A businessman from Chicago, Wil- standards.’’ that features historical items, includ- liam D. Boyce, was traveling there, and ing a photo of five Scouts from 1914 Brutality like that hurts our credi- on a foggy night was lost, and was bility and undercuts our reputation in with their badges sewn to their sleeves guided by the selfless act of a young and their hats that remind us more of the global community. man who stopped to not just offer di- I’m a veteran. I wear my Vietnam pin a World War I doughboy. rections, but take the businessman, In 3 years, the Cornplanter Council well and proudly. I served in the Navy. lead him where he needed to be. And at I’m passionate about protecting this will celebrate 100 years of continuous the end of that journey, Mr. Boyce of- country and keeping our soldiers safe. scouting in an area that is dedicated to fered to pay the man, pay the young More than anything, this amendment Scouting and its ideals. Local Scout lad for that selfless service, that kind was designed to protect them. executive Kevin Bonner said the area Several soldiers have done a far bet- act. And the response was, ‘‘Sir, I am a serves 60 percent of all Cub Scout-age ter job than I can in explaining why we Scout. We do good turns, and not for youth, while the national average is need laws like this. Retired Colonel pay.’’ about 20 percent. At any given time Stuart Herrington said that cruelty in That led to Mr. Boyce returning and they have about 1,000 youth involved in interrogations ‘‘endangers our soldiers partnering with individuals in this their program. on the battlefield by encouraging reci- country, and ultimately within the I commend this council for its lon- procity.’’ The golden rule, if you will. next year led to the forming of the Boy gevity, its service to Scouting, and the Retired admiral John Huston has Scouts of America that has served this difference that it, as well as other said, ‘‘Getting our interrogation poli- country and served the youth of this Scouting programs across this Nation, cies back on track will preserve our country for 100 years. make in the lives of our future leaders. standing to fight for humane treat- Scouting was described by its earlier f ment of American soldiers who are cap- founder, Lord Baden-Powell, when he tured.’’ founded Scouting in England, as a The SPEAKER pro tempore. Under a I couldn’t agree more. Without clear game with a purpose. It certainly is. previous order of the House, the gen- laws that define acceptable and unac- That purpose is value-driven. And tleman from Maryland (Mr. CUMMINGS) ceptable interrogation practices, in- those values are lasting to this day 100 is recognized for 5 minutes. cluding criminal consequences for vio- years later in the United States of (Mr. CUMMINGS addressed the lating those laws, we are putting more America as citizenship, and leadership, House. His remarks will appear here- Americans at risk of being treated with and service, and character that builds after in the Extensions of Remarks.) the same brutality. lives. f Just last week the two former Jus- The Boy Scouts of America today tice Department attorneys who crafted through the Cub, the Boy Scouting, the TRIBUTE TO JAMES HADLEY the legal justification for the use of Venture program, the Scouting pro- The SPEAKER pro tempore. Under a brutal interrogations got off scot free. gram serves both boys and girls. The previous order of the House, the gen- The Justice Department absolved them Scout promise that is recited every tleman from Illinois (Mr. DAVIS) is rec- of their wrongdoing and only said they week throughout this country at troop ognized for 5 minutes. had ‘‘exercised poor judgment’’ and meetings includes those three parts of Mr. DAVIS of Illinois. Mr. Speaker, I hadn’t broken the law. They took ad- duty to God and duty to country, duty rise to pay tribute to a dear friend of vantage of a gap in our current law and to self, and duty to others. mine, and a friend of many of those provided legal cover for abuse during Prior to coming to this Chamber 14 who knew him, who passed away a few interrogations. My amendment would months ago, I served for 30 years as a days ago, and whose visitation services have ensured this kind of legal maneu- Scoutmaster. And in that time I saw are being held even at this moment as vering never happens again. that Scouting made a difference in the I speak. While I was not able to be at

VerDate Nov 24 2008 04:45 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00076 Fmt 4634 Sfmt 0634 E:\CR\FM\K25FE7.123 H25FEPT1 dcolon on DSK2BSOYB1PROD with HOUSE February 25, 2010 CONGRESSIONAL RECORD — HOUSE H911 those services, I am able to take the (Mr. PAUL addressed the House. His And under the Health Caucus Web site, floor and pay tribute to Mr. James remarks will appear hereafter in the under the Issues tab, I think it is the Hadley, a businessman, a banker, com- Extensions of Remarks.) second heading, is a Prescription for munity advocate, a civic and church f Health Care Reform. Anyone is free to leader, and a friend to all of those who The SPEAKER pro tempore. Under a go to that site and click on the Pre- knew him. previous order of the House, the gen- scription for Health Care Reform, fol- For most of his adult life, James low the links, and they will be taken to Hadley spent it building financial and tleman from Oregon (Mr. DEFAZIO) is recognized for 5 minutes. a one-page description of nine different business enterprises in low, moderate bullet points on health care reform. (Mr. DEFAZIO addressed the House. income, and disadvantaged commu- In fact, there is even a little segment His remarks will appear hereafter in nities. And Jim worked with many, to record comments if someone would the Extensions of Remarks.) many programs and projects, business like to leave their ideas or their ventures, and financial institutions. f thoughts on the paper. Or if someone And while he worked with many The SPEAKER pro tempore. Under a thinks of other things that might in throughout the City of Chicago, I be- previous order of the House, the gentle- fact be included, we welcome those lieve that that which gave him the woman from Florida (Ms. ROS- comments on the Web site. greatest sense of pride and accomplish- LEHTINEN) is recognized for 5 minutes. I am just going to briefly go through ment was the work that he did with the (Ms. ROS-LEHTINEN addressed the this list, and then I have got some Community Bank of Lawndale, where House. Her remarks will appear here- other observations that I want to make he, Cecil Butler, Diane Glenn, Rev- after in the Extensions of Remarks.) on the summit that occurred today. erend Shelvin Hall, and others pio- f And we will be joined from time to neered the development of a commu- time by other Members of Congress, nity-owned bank, which has changed The SPEAKER pro tempore. Under a previous order of the House, the gentle- and I want to give them an opportunity its name and is now named the Cov- to speak. But under the Prescription woman from Ohio (Ms. KAPTUR) is rec- enant Bank, and is under the leader- for Health Care Reform, certainly ev- ship of Pastor Bill Winston of the Liv- ognized for 5 minutes. (Ms. KAPTUR addressed the House. erything I heard this summer was, we ing Word Christian Center. don’t want a 1,000-page bill. People James Hadley and I both grew up in Her remarks will appear hereafter in the Extensions of Remarks.) really didn’t want a 2,000-page bill after Arkansas not very far from each other, we came back and revamped it after I in a little town Parkdale, and he in f the summertime. But what did people another town, Warren. And I really HEALTH CARE SUMMIT want Congress to do on health care? didn’t know him at that time. But as There are people who have legitimate fate would have it, we both migrated to The SPEAKER pro tempore. Under concerns that the system is not func- Chicago. And as I got to know Jim, he the Speaker’s announced policy of Jan- tioning in an optimum fashion. We do became a role model for me. He was se- uary 6, 2009, the gentleman from Texas have great health care here in Amer- riously committed to every endeavor (Mr. BURGESS) is recognized for 60 min- ica, but there are distributional issues. to which he was a part of. He was loyal utes as the designee of the minority The employer-sponsored insurance sys- to whatever he was engaged in. He was leader. tem does work well for the 60 to 70 per- a great family man, dedicated to his Mr. BURGESS. Thank you, Mr. cent of the population that is therein family, had a comprehensive approach Speaker. covered, but in fact there are problems to life, and was just a pleasure to Well, we have had quite a day here in for people who are outside the em- know, to be around, and to work with. Washington, D.C., in your Nation’s cap- ployer-sponsored insurance system, 1 As a matter of fact, I commend ital. The 6 ⁄2 hour health care summit and there are certainly problems that James Hadley for a life well lived, take that was held down at the Blair House all of us face with the advancing cost note of his many contributions, and right adjacent to the White House has and complexity of health care. thank him for helping to make the mercifully concluded. And as the say- So just running down the list, insur- world a better place in which to live. ing goes up in Washington, every- ance reform that would include limita- As a matter of fact, he served on the thing’s been said, everyone has said it, tions on insurance companies exclud- board of many not-for-profits, the hos- so it was time to go home. But for ing people for preexisting conditions, pital board, Mount Sinai Hospital, was those who haven’t had quite enough and guaranteeing access to insurance. an active member of the Carter Temple discussion about health care today, Now, one of the fundamental dif- CME church, worked with the Boy maybe we can spend just a little while ferences on the Republican and Demo- Scouts, worked with the male initia- longer talking about some of the cratic approach to this is that the tive in his church, and was simply things that we heard today and some of Democrats want to have, and the Presi- known as a good man to all of those the things that we maybe perhaps dent wants to have, a mandate. That is, who knew him. didn’t hear today. you are required to buy a product, an And so, Mr. Speaker, I extend condo- One of the things that I do want to insurance product. lences to his wife Gloria, his daughter, stress, we heard several times in the It is interesting because during the and all of the James Hadley family, past several weeks that the Repub- campaign in 2008, President Obama, and trust that there will be others who licans don’t have ideas. In fact, that when he was a presidential candidate, will come along like him, who was will- was one of the admonitions of the actually moved away from mandates. ing to give of himself continuously for President on starting this summit was Candidate Hillary Clinton during her the benefit of others. that the Republicans didn’t have ideas, candidacy was in favor of mandates. James Hadley, he lived a good life. and he wanted to in fact show the Well done. Barack Obama was less enthusiastic country that the Republicans were de- about mandates. He did feel that there f void of ideas. But nothing could be fur- should be a mandate for children. We The SPEAKER pro tempore. Under a ther from the truth. If anything, we don’t hear much discussion about that previous order of the House, the gen- saw today abundant Republican ideas. anymore. In fact, I don’t think I heard tleman from South Carolina (Mr. ING- Some may say there are too many Re- that during the 61⁄2 hours of debate LIS) is recognized for 5 minutes. publican ideas, too many to fit in one today. (Mr. INGLIS addressed the House. room. His remarks will appear hereafter in I wanted to spend a few minutes to- b 2030 the Extensions of Remarks.) night talking about some of those ideas But mandates really have no place in f on our side. I have a Web site, Mr. a free society. There’s some argument The SPEAKER pro tempore. Under a Speaker, that is devoted entirely to as to whether or not it would even be previous order of the House, the gen- health care policy. It is from the Con- constitutional for the Federal Govern- tleman from Texas (Mr. PAUL) is recog- gressional Health Care Caucus. The ment to require someone to purchase nized for 5 minutes. Web address is www.healthcaucus.org. an insurance product that they might

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H.R. 4019, a An odd thing about the way we do I have some other observations on bill introduced by NATHAN DEAL of things at the Federal Government, the day’s activities, but I wanted to Georgia; H.R. 4020, a bill introduced by we’re actually going to have to change yield such time as he may consume to myself. Those two bills, taken in con- the HIPAA laws, the privacy laws, a my good friend from Pennsylvania, Mr. little bit in order to have this type of junction, would go a long way towards G.T. THOMPSON, who in a former life eliminating the problems with pre- legislation be passed. But that’s cer- was a health care administrator. I existing conditions. tainly within the purview of Congress know it’s odd that a doctor and a and within the ability of Congress to Another bill to address the tax fair- health care administrator would get do that. ness or the tax inequity that exist in along, but the two of us do get along the health insurance market today in- But prevention and wellness programs, although I do not have the bill very well. troduced by JOHN SHADEGG, H.R. 3218, G.T., I will yield to you such time as the Improving Health Care for All number attached to this, we had several amendments in committee and in you may consume. Americans Act, that would allow the the Rules Committee leading up to the Mr. THOMPSON of Pennsylvania. same benefits, no matter where you get passage of the Democrats’ bill this fall Thank you, Dr. BURGESS. I really ap- your insurance, whether it’s through that dealt with prevention and preciate what my good friend from employer-sponsored insurance or in the wellness. The legislative language is Texas is doing in terms of his leader- individual market, the same benefits written. It is not in bill form right now ship with the Congressional Health should accrue to an individual as ac- because it would require a simulta- Care Caucus. It’s refreshing in this crue to a business. neous modification of the HIPAA laws Chamber to deal with folks who have Medical liability reform. Texas and in order to allow that to happen. the facts and have the experience to California have taken big strides in And finally, I mentioned before, man- make informed decisions when it medical liability reform. So why do I dates. No place in a free society. And comes to such important topics like care? If Texas has fixed their problem this is one of the fundamental dif- health care. I think of all the issues with medical liability, why would I ferences between the President and that come before this Chamber, there care about that? Well, I care because myself. He wants to force everyone to are probably few things as intimate to the cost of defensive medicine is sig- buy an insurance policy. He said that’s our individual lives as health care. And nificant. And since the Federal Govern- the only way to bring costs down. I to observe this process over this past 14 ment is the purchaser of about 50 per- would submit that if the insurance months, where bills are written as I cent of all the health care in this coun- companies know you have to buy their look at these bills, 1,000, 2,000, 3,000 try, the costs of defensive medicine product, their prices are not likely to pages, which has been special agendas that drive up the price of Medicare and go down. In fact, if you’re required to for, you know, just misled government- Medicaid, those costs need to be buy their product under the penalty of run health care, it’s apparent to me brought back under control, and med- law, with the IRS as the enforcer, it is that those who are writing those bills ical liability reform is a way to do very likely that the cost will go up be- have very little experience, if any expe- that. cause no one wants to run afoul of the rience in health care. And so it’s been Portability. Allowing patients to Internal Revenue Service. a real privilege to be able to work with shop for health insurance across State And then we make insurance compa- you and under your leadership to really lines, again, a bill introduced by Mr. nies lazy. Why bother to compete with look at the solutions that we need to SHADEGG is H.R. 3217, the Health a better product? Why try to create a have. Choice Act. program that people actually want? Now, as I travel around, and I did, my To back up for just a moment to You’ve got to buy it anyway. The gov- background was 28 years nonprofit medical liability reform, H.R. 1468, the ernment’s going to force you, you’re community health care where I, in the Medical Justice Act. going to buy my product, I don’t even hospitals, the health systems I come We’re about to bump up against an have to make it something that you out of, we work very hard to be part- important deadline on Sunday night, want, and I can charge you more for it. ners with our physicians. and that is the expiration of the pre- Mandates make insurance companies vention of a reduction in payment to lazy. And so what am I hearing? As I trav- doctors who take care of Medicare pa- We actually have a model for what el in my congressional district and I tients. We go through this time and works in this endeavor, and that is listen to folks throughout the country, time again. It is time for Congress to when the Medicare part D program I haven’t met anyone that says, just fix the physician payment reform, and rolled out, then Administrator of the don’t do anything. The commitment is H.R. 3693 would do just that. Center for Medicare and Medicaid Serv- that, as I talk with folks, that they Do we need to be worried about if ices, Dr. Mark McClellan, required, out feel that they like the health system there are going to be doctors there to of six classes of pharmaceuticals, there we have. Can we improve it? I think see us when we get sick in the future? were six protected classes of drugs. there’s an acknowledgment that we I think that is a concern, and I think Within each class, an insurance com- can do that. And I’ve certainly spent that is something where Congress pany had to offer two choices, and my professional career serving my pa- might play a role. Doctors to care for using that as the parameter, the com- tients first as a therapist and a reha- America’s patients, the Physician panies did produce the plans that peo- bilitation services manager and ulti- Work Force Enhancement Act, H.R. ple wanted. The product, part D, has mately as a nursing home adminis- 914. People ought to be able to know been very popular. Ninety-two percent trator. And looking at four dimensions what the cost is when they go to the of seniors now have credible drug cov- of health care that we should always doctor or the hospital. erage under Medicare because of the continue to strive to improve. Number How about a bill for ensuring price flexibility and the desirability of these one is cutting cost. And that’s just not transparency? H.R. 2249, the Health programs. The cost came in way under cost for a certain segment or a certain Care Price Transparency Promotion budget, and 92 to 94 percent of seniors group, but cutting cost of health care Act. Prevention and wellness pro- are satisfied or very satisfied with for all Americans, which we’re com- grams, we all agree, during the hear- their prescription drug coverage, so a mitted to that with the solutions ings this summer, the individuals that program that indeed worked. And the you’ve talked about. It’s about improv- come in who worked at Safeway and whole emphasis was to make this look ing access, increasing access and im- talked about how health promotion more like insurance and less like an proving quality and strengthening that and wellness was saving them money, entitlement. decisionmaking relationship between

VerDate Nov 24 2008 04:45 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00078 Fmt 4634 Sfmt 0634 E:\CR\FM\K25FE7.134 H25FEPT1 dcolon on DSK2BSOYB1PROD with HOUSE February 25, 2010 CONGRESSIONAL RECORD — HOUSE H913 the patient and the physician, not al- cause you’re born with a preexisting ulus first and then cap-and-trade and lowing government or a bureaucrat to condition or you happen to have the then gradually, gradually, gradually, be that wedge in between. misfortune to develop a disease such as their capital bled away to where they As I talk with people about health breast cancer or prostate cancer in the did not have the votes necessary on care, and I’ve been doing that since I course of your life doesn’t mean that their side to pass one of these bills. came to Congress, that’s what they’re you shouldn’t be able to afford to be And this is the fundamental problem asking for. The people I talk to, they able to purchase affordable health in- that is happening with the President’s like the solutions. They like the bills surance. We address that in the solu- plans and the Democrats’ bills in the that we’ve introduced as far back as tions that we put forward. I’m so very House and the Senate right now is they last July that dealt with medical mal- proud of all of the representatives from do not enjoy popular support. Pick practice reform, tort reform that the Republican Caucus who were at the your number: 56, 58, 75 percent of the drives the cost of the health care up for Blair House today. I thought they did American people who do not support all Americans through both the pre- an outstanding job of representing the this 2,000-page monstrosity that lit- miums for medical liability insurance American people and ideas that the erally required bribes to bring Senators that has to get absorbed into the cost American people are looking for. down to the well to pass this bill of doing business, those premium costs You mentioned about workforce Christmas Eve. The American people get passed along as a part of the fees, issues, and to me that was something saw that and they rejected it. and not just the premium fees, but that I came to Congress just looking as They might trust us—I am not sure then there’s the cost of defensive medi- a crisis. Starting with rural America that they will—but they might trust us cine that occurs, with extra tests that and underserved urban areas first, the to work on some of these individual are ordered, not so much maybe to baby boomer generation, my genera- concepts one at a time. But at the very serve our needs and whatever par- tion, we’re beginning to retire in tre- end of the summit today, the President ticular illness or disability we come to mendous numbers. And in those areas decried incrementalism and said we the doctor for, but to provide a record where our physicians, our nurses, have to be bold and we have to move that shows that the physician has ex- therapists, technicians are retiring, forward with a large bill. hausted every possibility. this payment system will get changed Why? Why do we have to do that? It’s things like many of the solutions if we don’t proactively address those The programs to deal with preexisting you talked about, allowing to purchase workforce issues. If you don’t have a conditions would involve risk pools to across State lines. It fascinates me physician in your community to pro- be sure. Reinsurance options for that you can go to the Internet and vide services, you do not have access to States, yes, it’s going to require some you can go on a Web site, some of them quality care. And so because we’ve Federal subsidy. The Congressional got little critters like lizards on them, been misled with these 1,000, 2,000, 3,000 Budget Office has estimated $25 billion and you can purchase car insurance pages, all the attention’s been drained over 10 years. They may be a little bit and get the best value, the best product in the wrong direction, we’re missing light on that, but still we’re nowhere for the best cost. You make that deci- the bigger issues that, frankly, we’ve near a number like a trillion dollars, sion as an individual. And yet we are been talking about. We’ve got bills which is scaring Americans to death. barred from purchasing health insur- that address some of the workforce We could provide some help in that ance across State lines. issues, and so it’s time to get beyond market. The States could provide some In States like Pennsylvania, espe- the misinformation and the misdirec- help in that market. We could ask our cially rural Pennsylvania where I’m tion that my Democratic colleagues partners in the insurance industry to from, if you have choices, you have have been putting together in these voluntarily or by law cap their pre- just a couple of choices. Maybe if 1,000, 2,000-page bills, and get to the miums at some level so that the person you’re lucky, you have three choices to business of really addressing the real who was in this market did not find the pick from. And a lot of people say, health care issues. costs so daunting that they simply well, I want the insurance that you Mr. BURGESS. I thank the gen- gave up and did not get insurance. have as a Member of Congress. Well, tleman for his work on these issues. I Now, all of these great programs that I’m quick to tell people, I worked non- thank him for always being willing to the President and the Speaker talk profit community health care for hos- be involved in these. These are tough about that they’re going to give to the pitals for 30 years. I’m paying more problems. These are complex problems. American people at no charge, none of today as a Member of Congress than You know, the activity today, I re- these programs start for at least 4 what I ever paid for health care. But ferred to it earlier today on a radio years. what I would like every American to show as the Blair House project, not to Now look, here we are 13 months into have, certainly every constituent in be confused with the Blair Witch a new administration and the adminis- my district that I have today are just project. There were times when it did trator at the Center for Medicare and lots of choices. And we do that by al- seem to be that there probably were Medicaid Services is not there. He lowing purchasing across State lines, some spells being cast. hasn’t even been appointed, much less more competition. That’s a good thing. The other thing that really had to confirmed by the Senate. That is the Competition brings the cost down and strike you in watching the discussion individual who is going to be respon- raises quality. I don’t care what you’re today is that there are fundamental sible for taking this 2,700 pages of legis- purchasing, that’s a principle that differences as to the role in govern- lation that we give them and turning lasts. ment, fundamental differences as to the legislation into rules and the Fed- Certainly, a formation of association the involvement in government. eral rulemaking process. That is going health plans, and preexisting condi- to be an enormously difficult task. It is tions, as you’ve talked about. I mean, b 2045 going to take 4 years to work through those are all just a few of the different You know you can’t help but be all of that and impugn all of the legis- parts of the proposals that Republican struck. Here we’ve worked on this con- lative intent and make those Federal Members have introduced and are pend- cept now for 13 months. The President rules and leave the rulemaking period ing bills that are right here that the was sworn in the 20th of January of open long enough so that people can Speaker could elevate to the floor at last year. Here we are at the end of comment on it. That is an enormous any moment so that we could actually February, and still no bill is across the task. It’s not going to happen over- take an up-or-down vote on these. I finish line. Boy, I thought it would night. think the American people would vote have happened much, much more So the people that come to us and yes. I see a thumbs-up from the Amer- quickly. In fact, had the energy that say, My premium’s going up too much, ican people as we talk about these dif- was put into the stimulus bill been put I want you to take it over, they’re not ferent proposals. into a health care bill, in all likelihood getting anything for at least 4 years. Preexisting conditions, that’s a they could have passed whatever they Now, in the meantime, what if we tough issue, but we’re addressing that wanted in February of last year. In- took an approach—and, in fact, it was within the proposals we have. Just be- stead, they chose to work on the stim- an approach that was talked about by

VerDate Nov 24 2008 04:45 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00079 Fmt 4634 Sfmt 0634 E:\CR\FM\K25FE7.135 H25FEPT1 dcolon on DSK2BSOYB1PROD with HOUSE H914 CONGRESSIONAL RECORD — HOUSE February 25, 2010 Senator MCCAIN in the fall campaign of sibly even 6. We don’t even know how the White House, that look at those 2008. What if we took the approach of long it’s going to take to set up those numbers and do those cost projec- we’re going to take existing risk pools programs. And again, we don’t even tions—have found the Senate bill, in of the States—34 States have already have the administrator at the Center fact, will not decrease health care created. We’re going to emulate the for Medicare and Medicaid Services. costs. The Center for Medicare and best practices of the best States. We’re The President needs to nominate one. Medicaid Services, who you just talked going to allow for some reinsurance op- The Senate will then have to confirm about, the Medicare professionals, tions if companies are willing to take them. We may still be months away their finding was that those were going on higher-risk individuals so that no from filling that very important bu- to increase expenditures by $222 billion, individual insurance company is tasked reaucratic job over at the Department with a ‘‘b,’’ billion; not hold costs, not with too much in the way of financial of Health and Human Services. cut costs, but will expand the costs of loss, and we’re going to cover this I’ll yield back to my friend from health care. group of individuals. Pennsylvania And the President today was very up I heard it over and over and over and Mr. THOMPSON of Pennsylvania. front in his comments where he said over again this summer at town halls, Some of the observations of just watch- that, yes, this proposal will increase Stop what you’re doing. We don’t want ing the summit, as I guess it was premiums for the average American you to destroy the system that is called—I have a question for you. I will and American family by 10 to 13 per- working well for 65 or 75 percent of the come back to you for that. cent. Well, I thought the number one country. We want you to concentrate Some observations of the proceedings thing we were looking at here is de- on those individuals who, through no that I watched today when I had an op- creasing the cost of health care, mak- fault of their own, have suffered a portunity to tune in in my office—I ing it more affordable. How do you tough medical diagnosis, have lost wasn’t on the invitation list to be truly get access to greater health care? their job and employer-sponsored in- there. It was pretty limited invita- Well, you bring the costs down so peo- surance, couldn’t keep up with the tions. But I heard—and I don’t know ple can afford it. COBRA payments and now find them- which leader it was, whether it was the So I was curious to get my good selves having fallen into that dreaded President or the Speaker or whom, friend’s opinion. This morning when I category of uninsured with a pre- made comments there were absolutely woke up and I knew this was going to existing condition. no Medicare cuts that are involved in occur, it struck me as I was walking to While we’re at it, we might look at this. And yet the fact is the Congres- the Capitol, was this going to be a the COBRA system. COBRA was placed sional Budget Office Director, Doug El- health care summit today or a health as a protection to help people who had mendorf, back on December 19, just a care plummet? And to me, the indi- employer-sponsored insurance but they month ago or 2 months ago, noted that cator was whether the President lose their job. So employer-sponsored there were Medicare cuts, and those showed up with either a white board, a insurance means the employer gen- Medicare cuts built into this impact all large white board that was blank that erally pays about two-thirds of the pre- areas of health care from hospitals to we could start over and do what the mium; the employee pays about one- skilled nursing to home health to hos- American people want, and that would third of the premium. When you lose pice. Hospice, which is a wonderful be what today’s events would be—it your job, you can’t continue that in- service for people who are in the final really would be problem solving, be- surance. But in all likelihood, your em- stage of dying, where they have the cause that is what Americans are look- ployer is not going to pay their two- support of compassionate health care ing for, problem solvers—or would he thirds any longer because you’re no professionals surrounded by family to show up with a rather large hammer longer their employee. But for 18 be able to die with dignity, and yet and really try to hammer through, months, you can pick up the whole pre- that is an area, one of many areas of push through Big Government, bad mium and pay that with a small ad- Medicare cuts that are slated for under ideas that the American people, in a ministrative charge—I think it’s 102 these proposals. large majority, have rejected. percent of the premium—and you can In my responsibilities across many So I yield back to my good friend continue your insurance for 18 months different settings of health care, I have just to get your impressions of do you and not fall into the category of unin- to say that there is a lot of reasons think it was a health care summit sured. And if you have a preexisting why commercial health insurance is today or a health care plummet. condition, you continue to be covered expensive. Tort reform I would put Mr. BURGESS. I was criticized on a at that cost. right on top of the list. news show earlier today referring to But that’s a tall order for someone But maybe even higher on the list, I this exercise as a 6-hour photo op. who just lost their job to continue to would say, is the Federal Government. Probably I would fall into the category carry that degree of premium. What if The Federal Government pays— as a ‘‘plummet.’’ we allowed people—instead of you had underfunds and has systematically un- Isn’t it interesting that, yes, pre- to keep that same insurance your em- derfunded the costs of health care—the miums for the average family may in- ployer provided you, what if we allowed physician, the hospital for Medicare crease for 10 to 12 percent, but that’s them into a lower-cost, high-deductible payment. For every dollar of cost of okay. Instead of an apple, you get an plan for those 18 months and still pre- providing care, the Federal Govern- orange, so you’re coming out better in served their insurability during that ment pays 80 to 90 cents. For medical the deal. time, so that when they found employ- assistance, it’s maybe, if you’re lucky, Now, yesterday, in our Committee on ment, they would not fall into that 40 to 60 cents. It depends on the State. Oversight and Investigations, we same category again. Or they might The commercial health insurance pays, hauled in Anthem Insurance Company even decide to continue that high-de- on the average across the Nation, 135 in California. And Anthem, to their ductible policy with a lower premium percent of costs. And the primary rea- great discredit, chose right now as a and continue to have the protection of son for that is the hospitals’ physicians time to increase their premiums, and health insurance without falling into a have to negotiate at that rate. If they they have become the whipping boy preexisting category. don’t, they can’t make up for what the and the poster child. And I will con- But we never really worked on those government does not pay. cede, I think they raised their pre- issues. We just decided we were going So what are some of the other costs miums too fast. They were tone deaf. to do this big bill, and it was going to that I heard today that really in- Their highest premium increase was 39 have mandates, and it was going to trigued me? percent. Their average was 25 percent. have a public option, and this is the I heard the Democratic leadership Twenty-five percent. Okay, that seems way it was going to be. But to tell you claim that it was going to bend the high, but the President’s already said the truth, for 4 years there is no help. cost curve, meaning it’s going to bring 12 percent. Yeah, that’s okay because There is taxes. For 4 years there is the the cost down for everyone. Yet, what you get an orange instead of an apple, immediate Medicare cuts, but the ben- we saw was the administration’s actu- so after all, you’re good in that trans- efits don’t start until year 4 or 5 or pos- arial—the professionals that work for action.

VerDate Nov 24 2008 04:45 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00080 Fmt 4634 Sfmt 0634 E:\CR\FM\K25FE7.136 H25FEPT1 dcolon on DSK2BSOYB1PROD with HOUSE February 25, 2010 CONGRESSIONAL RECORD — HOUSE H915 So I guess if Anthem wanted to raise last 2 years. Not because I am a Mem- don’t spend it on health expenses I their rates, they probably should have ber of Congress and I get a special deal, would obviously have to pay taxes on it stayed at that 12 percent rate. They but I said, you know what, I can no when I took it out. As long as I spend would have been right in line with the longer afford this high option PPO in- it for legitimate medical purposes, hey, President of the United States. They surance that is available to us in Con- that’s pretax dollars. That’s probably could have raised their rates and all gress, so I have elected to go into the best deal you could do in the indi- been happy about the transaction. In- what’s called a high deductible health vidual market. So these are changes stead, they overshot. They hit an aver- plan with a health savings account. I that we actually ought to encourage. age rate of 25 percent and, as a con- actually had one several years ago I was stunned today to hear the sequence, found themselves sworn in when I was in private practice. I liked Democrats admit, you know, we agree under oath in our committee having to it. on a lot of this stuff that we have got absorb the ordeal that we put people I liked the fact that I was the one here on these sheets, but, well, we through when they come before our who got to choose which doctors and don’t do the health savings account committee. facilities I got to use. I didn’t have to thing. My goodness, that is the one Mr. THOMPSON of Pennsylvania. I call 1–800–California to get an X-ray way to really start to bring—you talk have to wonder with that because I see preapproved. I wrote the check and I about bending the cost curve, that’s premiums like announcements, and controlled the money, and I made the one way. Get a motivated patient, edu- they are going up. And this is why decision about who I saw and when. So cate them about some of the options we’re committed to doing the right I have gone back to that type of policy, that they have, and, oftentimes, not of- type of smart government solutions to and I will tell you I am very satisfied. tentimes, almost always they will bring the costs of health care down, the We have improved from the old med- make the right decision. I cannot tell premiums down. Giving a license to 12 ical savings account in 1986 to the you how many times in my medical to 13 percent additional increases, Health Savings Account improvements practice if I recommend a test, a CT or that’s unacceptable to me for the that started in 2003 and continue to MRI scan, a CAT scan or an MRI scan, American people. this day. Preventive care is now in- and the next question from the patient I have to wonder how much of what’s cluded as part of the benefit in a high back to me was not, Doctor, is it really going on in Washington and these deductible health plan because the in- necessary, or, Doctor, is this safe to do health insurance companies as Amer- surance company has an interest in this, the next question was, well, does ica is watching the debate here, that— making sure if you have a problem that insurance cover it? If it did, there were you know, giving this approach that it is diagnosed early, while it is less ex- no more questions. Go ahead and have the Democratic leadership, my good pensive to treat, and I think ulti- the test. friends and colleagues on the other side mately that’s a good thing. I, on the other hand, with the type of of the aisle are taking, how much is I have chosen a plan that does not policy that I have, yes, I may have that driving up premiums right now be- have prescription drug coverage be- hurt my knee or shoulder bad enough cause they don’t know what’s coming. cause after we passed the prescription to go get a CAT scan, or I may make They don’t know the premiums. There drug benefit in Medicare in 2003, one of the decision that, Doctor, with a little is a lot of uncertainty. the unintended consequences was we ice and tincture of time would this not I mean we, not too long ago, passed a changed the market so that now many perhaps resolve on its own? Yes, it credit card bill under similar cir- generic medicines are available at Wal- could, and if it doesn’t get better in a cumstances. It was going to provide all Mart for $4 a month. I try to find those week we could still do the CAT scan kinds of limitations and impose new bargains for those medicines if I should and we won’t have delayed beyond the conditions on really what has been need one. I try to find those bargains therapeutic interval, so it is okay to do kind of a free market type of process, at Wal-Mart or go to an over-the- that. and what I have seen, actually, as a re- counter variety, which is much cheaper I am happy to take that advice and sult one of the unintended con- than the name brand that is bought at not have the test. If I don’t feel better sequences, is some of those interest the pharmacy, and you can actually in a week or 10 days or whatever the rates—before the new regulations achieve significant savings. prescribed time limit is, fine. Go get kicked in, some of those interest rates I am motivated to do that because the test, and I will still be able to write went way up as an unintended con- it’s my money that I am spending for the check and have that done. Here is sequence of government overreaching, those compounds. Yes, I could have how you bend the cost curve down. You government-run approach. paid more for PPO insurance and then, get the patient involved, put the power b 2100 yes, I could have had a nice mail order, back in the hands of the patient. Let I have to wonder if what we are see- even gone down to my pharmacy and the patient and the doctor make those ing with some of these more recent— gotten brand names, but I have found decisions. like the situation you just talked that, hey Prevacid is over the counter Don’t make them buy the insurance about, may be an unintended con- now. It costs a fraction of what it used at 1–800–California, but don’t make sequence of just the wrong-minded di- to cost a few years ago. Even before them buy across the street at Health rection that our Democratic colleagues that, Prilosec was a similar medicine, and Human Services. Let the patient are taking this health care debate in, not quite the same thing, but that was and the doctor make those decisions. as a reaction by the health insurance available in a generic form over the Every doctor has had the unpleasant industry. counter at that time at a fraction of experience of having called a Mr. BURGESS. It’s interesting, per- the cost of the 30-pill bottle of Prevacid preapproval number and have their pa- haps the one thing that would provide that I was taking before. tient denied a test or a procedure or a the right impetus in the competition to So it makes the consumer more in- surgery, and then you have got to go to hold down those costs we are not going formed and motivated. Here is how you bat for them and prove all of these to do, and that’s the ability to buy hold down health care costs: Let me be things. It is an enormous nuisance, and across State lines. the decisionmaker about that. Don’t I hated it every time it happened. In the individual market, buying a tell me from a comparative effective- On the other hand, in the Medicare policy for a family of four in New Jer- ness board that, hey, this medicine is and Medicaid system, they go ahead sey is $10,000 a year. Your State of just as good as this medicine, and so and cover that, but maybe 3 or months Pennsylvania, $6,000 a year, my State this is all you get because this is what from now, maybe a year from now, of Texas, $5,000 a year. As long as peo- we are buying for you this month. they call you back and say, you know, ple know what they are purchasing, I Let me have some of that money we don’t think that hospitalization was don’t see why it is reasonable to re- back to spend myself, the premium actually necessary, and we are going to strict someone from having a policy that I pay every month, a portion of deduct what we pay to you from the that may be more affordable. that goes into the medical savings ac- next round of payments that we give My insurance premiums have de- count. Every year that it accrues and you for your next round of Medicare creased by about 50 percent over the grows larger it’s tax deferred until—if I and Medicaid patients.

VerDate Nov 24 2008 04:45 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00081 Fmt 4634 Sfmt 0634 E:\CR\FM\K25FE7.137 H25FEPT1 dcolon on DSK2BSOYB1PROD with HOUSE H916 CONGRESSIONAL RECORD — HOUSE February 25, 2010 That is beyond frustrating because at ica’s families. Under the bill passed by Now, you will also hear, and it’s so that point you may not have at your the House in November, H.R. 3962, a strange to hear the comparison of we immediate disposal the documentation family of three making just under have got to have a mandate as you do that you at least would have had with $55,000 a year and buying now a plan in with automobile insurance, and you a preapproval process. Neither is a this new exchange that’s going to be know what, you can buy that good occurrence in a doctor’s office. We set up and created by the bill, they consumable insurance online. What if, need to come to some sort of con- would have to personally contribute instead of, if we had our thinking sensus. But, as much as I hated the after a tax credit about $5,500 a year in right, we would let the health insur- preapproval process, I see now, dealing premiums. Additionally, this family ance be available online, let the plan with these large, large Medicare and would also pay $4,000 of out-of-pocket finders be available online and, if peo- Medicaid outlays, why it is necessary costs exclusive of the premium—copays ple think it’s necessary to have a man- sometimes to assess medical necessity and drugs that weren’t covered—so this date, let that be a State decision. Let and why it is necessary sometimes to family would pay about $9,500 for a that be a State decision if the exchange seek that preapproval, perhaps in our family of three that earns $55,000 a is—right now you have, and I don’t Medicare system. year in the Health Insurance Exchange. know the precise number, 30 or 34 If we really were serious about bend- I think it’s important for people to States whose attorney generals are ing the cost curve, instead of just cut- understand that when we pass these drawing up legislation to prevent their ting doctors’ payments—and that’s bills and it’s all settled and done, it States from or prevent their citizens what we do, we say, well, we will pay 20 doesn’t mean free insurance. It doesn’t and their States from being required to percent less this year than we did last mean free health care. It means, yes, follow an illegal Federal mandate. year—what’s the practical effect of you have got a government option here Mr. THOMPSON of Pennsylvania. that? Well, the doctors’ costs are fixed. for buying insurance, but it’s still Pennsylvania being one of those, abso- He is not paying less for electricity to going to cost something. It is still lutely. light his office this year than he was going to be an expensive item in that Mr. BURGESS. It just shows you the family’s budget every year, and we are last year. His office help certainly type of tension that we are going to set misleading people by telling them that, didn’t come in this year and say, hey, up between the State and Federal Gov- hey, we need to pass this bill because you know what, we can all take a pay ernments if we were to pick up and too many people don’t have health cut because we love working for you. pass either the House or the Senate bill That doesn’t happen. His costs go up care. and send it down to the President for True enough, the person who has no every year. The reimbursement rate his signature. income and no job will now have access goes down because Congress says, hey, Mr. THOMPSON of Pennsylvania. to Medicaid, which they may not have we are spending too much money. What Well, you have touched on so many had before, but the average person very important issues during that is the practical effect of that? The earning a reasonable salary is still practical effect of that is, you know, I time, during the course of this hour. I going to find that the cost, the expense certainly want to come back to—you was able to pay my bills and take they paid for health insurance, is going know, when I started in health care, I something home last year seeing 18 pa- to be significant. Here is the rub: If we mean, the patients were not a part of tients a day. But you know what, this pass this bill, this won’t be an optional the treatment team, they were, you year I have got to see 25 patients a day. expense in their budget. They will be know, everyone kind of focused their And maybe if I can squeeze an extra required to buy this, and the enforcer energies on the patient, the individual, procedure or two out, maybe I should is going to be the Internal Revenue the consumer, but they weren’t in- do that because I have got to make up Service. cluded in health care decisions. So that difference somewhere. Now, Mr. THOMPSON, you brought up much has changed in at least three dec- So we have gone about this the wrong the online purchase of insurance for ades. way. We are ratcheting down costs at automobiles that has the cute little liz- Today, I don’t know of any health the provider, and yet the doctor, he or ards and cave men on the logos. People care professionals that don’t consider she is the one who picks up the pen and will sometimes bring up to me, well, the patient themselves a very impor- writes the prescription, orders the hos- why, why not have a mandate. After tant part of the treatment team, and pitalization. The most expensive item all, there is a mandate to buy car in- it’s so important that individuals take in the doctor’s office is their ballpoint surance in your State, so, what would that, exercise that self-responsibility pen most of the times because the doc- be the matter with having a health in- to be informed and to make decisions tor is the one making the decisions surance mandate? and to take control of their health about that medical care. Here is the key. In my State, this is care, extremely important. Wouldn’t a different way to look at a State decision that in the State of You also talked about, you were this might be to say, Doctor, we are Texas, people have to carry insurance talking about the stress on physicians, not going to cut your pay this year. We if they are going to exercise the privi- and it’s significant. In Pennsylvania, are, in fact, going to pay you a little lege of driving on the roads of the the average age of physicians in Penn- bit more. We hope you will see fewer State of Texas. Health insurance is a sylvania is 50. Many that I talk with, patients and maybe take a little bit different animal, and for the Federal they look at the challenges of prac- more care and a little bit more preven- Government to require, not a State ticing medicine today. In Pennsyl- tive medicine and education with those government, but the Federal Govern- vania, we have terrible medical mal- patients along the way. It would be a ment to require the purchase of health practice costs. We export our physi- phenomenal thing to look at but we insurance is taking us in the direction cians. We train a lot of them, but we never tried. We just cut the doctor’s of loss of liberty that none of us have export them to States like Texas. You pay and said, whew, we got through it really ever encountered before. It is a know, we don’t keep them. And many this year, the doctors are all mad but new concept. of the physicians I talk with that are maybe they won’t remember come No- So if a State wishes to exercise a 50 and older, they look at what they vember, and we will cut them again at mandate, which they have done in Mas- have accumulated in their lives, and the end of the year. sachusetts, then that’s a State decision they look at how much they are spend- We are probably going to bump up and that decision will either be sup- ing each year, whether it’s medical against the clock. I do want to make ported or rejected by the voters in that malpractice, these additional costs or this point from what we talked about State, but for the Federal Government regulations that are coming, the extra the cost of insurance at the hearing we to create for the first time a mandate, costs they had to put into practice to had yesterday. a requirement that a person purchase a comply with Federal mandates like the It is important to understand, I product just for the privilege of living HIPAA law from the 1990s. think, that Speaker PELOSI, HARRY in this country, again, we are going REID, President Obama, their health down the road of loss of freedom that, b 2115 proposals would not make health insur- again, I don’t think people really want And they are saying, you know what? ance significantly cheaper for Amer- to go there. Why don’t I retire now while I

VerDate Nov 24 2008 05:28 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00082 Fmt 4634 Sfmt 0634 E:\CR\FM\K25FE7.138 H25FEPT1 dcolon on DSK2BSOYB1PROD with HOUSE February 25, 2010 CONGRESSIONAL RECORD — HOUSE H917 can at least retain a little bit of what counts. We provided a prescription Just some statistics to share with I’ve earned so I can have some type of drug benefit in Medicare. For better or you; before the reform, one in seven ob- future enjoyable retirement? That for worse, we passed the HIPAA law in stetricians no longer delivered babies, would contribute so much to our access 1996. But there was a lot of work that 49 percent of counties didn’t have an issue in States like Pennsylvania went on in health care. OB/GYN, 75 percent of neurosurgeons where citizens are not going to have Health care is an evolutionary proc- would no longer operate on children. access to quality care. I see that as a ess. Medicine is an evolutionary proc- Since passing that reform in Texas, it significant unintended consequence as ess because the knowledge base has really dramatically changed a part of what my friends across the changes. The science changes over things. We had, in the 2 years before aisle are proposing and pushing at us. time. It is not a static event like law, the reform passed, 99 Texas counties— f or physics perhaps. But medicine is Texas has 254 counties, and 99 counties constantly evolving. In fact, many lost at least one high-risk specialist. REPORT ON RESOLUTION PRO- times we say that’s why we refer to it With the passage of what was then VIDING FOR FURTHER CONSID- as both an art and a science. called Proposition 12, which was a con- ERATION OF H.R. 2701, INTEL- Well, what do the people think about stitutional amendment to provide caps LIGENCE AUTHORIZATION ACT doing this all at once or perhaps taking on noneconomic damages and lawsuits, FOR FISCAL YEAR 2010 off some smaller pieces that might be 125 counties added at least one high- Mr. ARCURI, from the Committee on actually doable? Americans agree with risk specialist, including the counties I Rules, submitted a privileged report Republicans and want a fresh start on represent, Denton, Tarrant and Cooke (Rept. No. 111–421) on the resolution (H. health care reform. A CNN poll—now, Counties. And you can see of course Res. 1113) providing for further consid- CNN is not always friendly to conserv- there are some areas that are still eration of the bill (H.R. 2701) to author- ative principles—in a CNN poll, 73 per- needing to add specialists. ize appropriations for fiscal year 2010 cent of Americans say lawmakers One of the remarkable things about for intelligence and intelligence-re- should work on an entirely new bill or the passage of this law is the number of lated activities of the United States stop working on health care alto- counties that did not have an obstetri- Government, the Community Manage- gether. This was from February 24, cian previously but now do, and the ment Account, and the Central Intel- 2010. Another poll, 79 percent of inde- number of counties that did not have ligence Agency Retirement and Dis- pendents want Congress to start work an emergency room doctor but now do. ability System, and for other purposes, on a new bill or stop all work, again Twenty-six counties that previously which was referred to the House Cal- from the same time frame. had no emergency room doctor, 10 that So maybe it is reasonable that we endar and ordered to be printed. had no obstetrician, and seven that had start over with these small, incre- f no orthopedic surgeon, now at least mental changes and solve some of the have at least one of those specialists. HEALTH CARE SUMMIT—Continued problems that bedevil Americans right Charity care rendered by Texas hos- The SPEAKER pro tempore. The gen- now, but not turn the entire system on pitals has increased 24 percent, nearly tleman from Texas may resume. its head in order to help that smaller $600 million since the passage of this Mr. BURGESS. Reclaiming my time, percentage that is having difficulty legislation. And Texas physicians have let me just run through a little bit. right now. saved well over $500 million in liability We heard right at the end of the 6- Starting over does not mean that we insurance premiums. hour discussion down at Blair House have no bill to pass. It doesn’t mean today, the President and I believe the that we start into another year-long Now, people will argue that passing Speaker of the House said that the debate. As I began this hour, I outlined tort reform does not immediately re- time for incrementalism has passed. I to you, Mr. Speaker, several bills that sult in lower cost. Defensive medicine felt like I had stepped back in time. I are already out there, already written, is learned behavior. Defensive medicine heard that very same argument in 1993 could be called up, could go to com- is oftentimes learned over a lifetime of and 1994 when the then-Clinton health mittee, could be worked on, marked up, practicing medicine. And it does take a care plan was before the House of Rep- amended, and come to this House to be while to begin to walk back from that. resentatives. voted on up or down. We could pass a But as anyone will tell you, the jour- I never will forget the day that Mike bill on preexisting conditions before we ney of a thousand miles starts with the Synar, a Representative from Okla- go home for the Easter recess. It would first step, and Texas has taken that homa, a Member of this House of Rep- really be that simple. Instead, what we first step. In fact, in Texas, one of our resentatives, was down in Dallas. He may get is the Senate bill being passed bigger problems now is licensing all of was talking to a group of us who were by the House of Representatives— the doctors who want to move to the American Medical Association mem- under great duress for some Members State. The State Board of Medical Ex- bers, and he was going to talk to us of the House of Representatives—and aminers cannot keep up with the de- about this bill. Many people had ques- then when that bill is passed by the mand. It is a good problem to have be- tions at the time—believe it or not, I House, it goes down to the President cause we had many counties that were was so shy I was scared to say any- for his signature, and then good luck underserved. And now, with the pas- thing—but toward the end, someone undoing all of the problems that are sage of this legislation at the State asked Mr. Synar, wouldn’t it be better contained within that bill. It would be level, almost 100 percent of Texans live to tackle some of these problems on an far better, since no help is coming for within 20 miles of a physician. That is individual basis and not try to do all of 4 years anyway, to take a little time a remarkable change from even just a this all at once because it did appear to and do this correctly. decade ago. be frightening people. And Mr. Synar The gentleman from Pennsylvania One of the last things I want to bring made a very emphatic statement that brought up the problems in Pennsyl- up tonight before we leave, we’ve the time for incrementalism is over, we vania with medical liability. Texas, of talked a lot about cost, and during the must have this bill and we must have it course, in 2003 did change their medical course of the discussion down at the this year. Sounds familiar. That was liability laws and passed a bill that Blair House the debate on cost was over 15 years ago. would allow a cap on noneconomic lengthy and sometimes it became con- Of course they didn’t get the bill damages. It is a more generous cap tentious, but just a few points that passed, life went on, the health care than was passed in California in 1975 Representative PAUL RYAN from Wis- system in this country improved. We under the Medical Injury Compensa- consin made today. He pointed out cor- developed the State Children’s Health tion Reform Act of 1975, but neverthe- rectly that Medicare has an unfunded Insurance Program under a Republican less, it has worked well over the last liability of $38 trillion over the next 75 Congress with a Democratic President. several years and has now solved a lot years. This is a huge, huge budget pit- We established medical savings ac- of the problems that we were encoun- fall that is facing not just Members of counts. We then, several years later, tering in the earlier part of this dec- Congress, but every citizen of the improved them with health savings ac- ade. United States over the next 75 years.

VerDate Nov 24 2008 04:45 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00083 Fmt 4634 Sfmt 0634 E:\CR\FM\K25FE7.140 H25FEPT1 dcolon on DSK2BSOYB1PROD with HOUSE H918 CONGRESSIONAL RECORD — HOUSE February 25, 2010 While Federal Medicaid spending over. Well, as you could see by watch- The House also demonstrated and grows at 23 percent this year, the pro- ing the broadcast today, there was signaled its urgent desire to see health gram continues to suffocate State ample debate, long hours of discussion. care reform when we took up the budgets. And this bill does not control We’ve had many, many hearings here Health Insurance Industry Fair Com- costs. Mr. BIDEN talked about if we in Congress on health care. We’ve had a petition Act just this week. This bill don’t bend the cost curve, we’re in conversation with the American people stripped away a protection that was trouble. I will submit that we are in going on a year, and they say scrap it? granted to insurance companies, and it trouble because we have bent the cost No, thank you. They wish we would, requires them to now compete. They curve, but we are bending it in the but we won’t. got their exemption from antitrust wrong direction. b 2130 laws taken away. It’s not enacted into f law, but it was passed in the House, on The fact is that we have had a na- the House floor, just this week. The PROGRESSIVE CAUCUS tional dialogue, focusing on what it is idea is that health care companies The SPEAKER pro tempore. Under like to live without health care and don’t need to be exempted from anti- the Speaker’s announced policy of Jan- facing the world with your children trust laws. They need to have to face uary 6, 2009, the gentleman from Min- and your family without any health those laws because we need competi- nesota (Mr. ELLISON) is recognized for care coverage, facing bankruptcy as tion. When businesses compete, con- 60 minutes as the designee of the ma- health care expenses skyrocket and sumers benefit. Simple as that. When jority leader. you are unable to meet that reality, businesses compete, consumers benefit, Mr. ELLISON. Mr. Speaker, I am facing a situation where you have to but for far too long, the health care in- here representing the Congressional put your medical expenses on a credit surance industry has played by a dif- Progressive Caucus tonight, the Con- card, you know, which may have gone ferent set of rules. gressional Progressive Caucus, a body up to 28 or 30 percent. These are the Since 1945, the McCarran-Ferguson of Members of Congress dedicated to kinds of things that concern us. Act—you may have heard of it—has ex- the very simple idea that we all do bet- I want to commend the President for empted businesses of insurance from ter when we all do better. The Progres- convening this dialogue today, for hav- Federal antitrust laws. Now, that is sive Caucus, a caucus made up of Mem- ing this discussion. I do wish, however, not right, so we did something about it bers of Congress—men, women, whites, that there had been a member of the this week at last, on the House side, blacks, Latinos, Asians, people of var- Progressive Caucus in an official ca- hoping that the body down the hall will ious different backgrounds throughout pacity there. It is true there were peo- do something similar. This bill that we the whole country—all unified under ple from the Progressive Caucus there, passed off the House floor amends the the simple idea that everybody counts but our leadership is RAU´ L GRIJALVA McCarran-Ferguson Act by repealing and everybody matters; that there is and LYNN WOOLSEY, and I believe they the blanket antitrust exemption af- no one who doesn’t deserve civil rights; should have been there. There were forded to health insurance companies. that everybody deserves civil rights; other people there who were members This is something the American people that men and women should enjoy the of the Progressive Caucus but none want. Most people I talked to didn’t same rights; that women should have a who were authorized to speak for the understand why they had an antitrust right to choose; that there is nobody Progressive Caucus. I’m not happy exemption in the first place. who is outside the pale of our beloved about that, but you know what? Things Under the bill, health insurers will community; and that we stand to- are seldom perfect in life. I would have no longer be shielded from being held gether on economic justice, environ- wished that we would have had it that accountable for price-fixing, for divid- mental justice, stand together on the way, but we didn’t. ing up territories among themselves, idea of health care for all, stand to- A few things were clear about the for sabotaging their competitors in gether on the idea of real consumer health care summit today, which is order to gain monopoly power, and for protection, stand together against the that the ideology still rules the day for other anticompetitive practices. If idea that Wall Street bankers and the our friends in the party opposite that they do it and if we can get it passed well-to-do should have everything Americans continue to face health care into law, then they are going to be held going their way. In fact, we think that nightmares on a daily basis and that accountable; they are going to be the working men and women of Amer- the urgency of change is as powerful as taken to court. That’s what we need. ica should have something going our ever. We have got to move forward. Removing the antitrust exemption way. In fact, we’re the ones who do all There is no way that we as a Congress not only enables appropriate enforce- the work around here and we’re the can engage the public imagination ment; it also will give all health insur- ones who should see America operating around health care for a whole year ance companies healthy, competitive on behalf of and for the American peo- and then come up with nothing. We incentives that will promote better af- ple. need to have a health care bill. fordability, that will improve quality, This is what the Progressive Caucus This is the Progressive Caucus, and I and that will increase innovation and is all about. The Progressive Caucus is am talking about health care and the greater consumer choice—as antitrust all about saying that consumer justice economy today. laws have done for the rest of the econ- is important, health care reform is I also want to say, as we talk about omy for over a century. critical, war is usually the enemy of health care and the economy from the Removing this antitrust exemption is the poor, and that we need to find a perspective of the Progressive Caucus, key, and it is supported by law enforce- way to seek diplomacy and dialogue that this is a Progressive message comment groups and by the National Asso- and find a better way out of the con- ing to you for an hour. We come here ciation of Attorneys General. The Na- flicts that our country finds ourselves every week, and we speak for an hour tional Association of Attorneys Gen- in. That is what the Progressive Cau- about the critical issues facing the eral has consistently opposed legisla- cus is about. American people from a Progressive tion that weakens antitrust standards I am going to be talking about some standpoint, and that is why I want to for specific industries because there is of our core beliefs, but how can I talk talk about health care right now. no evidence that such exemptions pro- tonight, Mr. Speaker, without talking Let me start off the conversation mote competition or serve the public about the Health Care Summit? Obvi- about health care by saying that, interest. They do not promote the pub- ously, the Health Care Summit was a today, not only was the health care lic interest. They undermine the public big deal today. A lot of people were summit on and not only was the same interest. watching it on television. I want to old debate laid out—Democrats, Pro- So I just wanted to tell everybody commend President Barack Obama for gressives wanting health care reform that this piece of legislation passed off having a transparent and open process. for the American people—but the folks the House floor, signaling greater My friends on the other side of the in the party opposite are not so big on change as we are driving every day a aisle, the party apposite, the Repub- reform and want to just keep the sta- little closer to real health care reform. licans, say that we should just start all tus quo. The Health Insurance Industry Fair

VerDate Nov 24 2008 04:45 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00084 Fmt 4634 Sfmt 0634 E:\CR\FM\K25FE7.141 H25FEPT1 dcolon on DSK2BSOYB1PROD with HOUSE February 25, 2010 CONGRESSIONAL RECORD — HOUSE H919 Competition Act passed off the House by dealing with health care, but we’ve lars in debt. A public option offers us floor this week. It’s just a piece of really got to get a good health care an advantage on cost. We know that health care reform, but it’s an impor- bill. If we are going to use reconcili- existing public options, like Medicare tant piece. ation because we can’t get any Repub- and Medicaid, consistently have lower Let me now turn to the larger issue lican cooperation, why don’t we get the administrative costs than their private of health care reform by addressing best bill we can get? Why do we get a insurance counterparts. Of course they something called the ‘‘public option.’’ bill that is less than we could get? do. According to the Commonwealth You’ve heard me talking about the Incrementalism has its place, but if we Fund, the net administrative costs for public option, and I believe in the pub- don’t have to bother about getting 60 Medicare and Medicaid were 5 and 8 lic option. You know, we’re going to Senators in order to get around the fil- percent, respectively. If you look at have this system in America of private ibuster rules, why don’t we just go with the top five private health insurance insurance, which is not going to be un- a good bill which would really help the companies, their administrative costs dermined. I believe in universal, single- American people—one that would lower are 17 percent. While the insurance payer health care, but the present for- costs, that would increase afford- market is controlled by fewer and mat is to, essentially, reform the exist- ability, and that would have an option fewer insurance companies in more and ing system of private health care insur- for people? It’s a good idea. more States, there is little incentive to ance. No problem. By the way, I’m al- The Democratic health care reform lower costs. Why should they? They’re ways for private doctors, always for plan, which passed through the House not in competition. A public option private health care providers. I just and included a public option, is a bill would offer that competition all over think we should pay for it through a that makes a lot of sense. It covers pre- the country, and it would help Ameri- single payer, which would be much existing conditions. It stops the prac- cans afford health care. more affordable for everyone. The pub- tice of recision—denying you health Let me just say that we’ve been de- lic option is simply a government-run care when you need it most. It stops bating health care for a year now. program, and I don’t shy away from the bankrupting of our businesses and When we started out, people like me calling it that, because Medicare is of our families when they get sick. wanted a single-payer health care sys- government run and the VA is govern- As for the public option in particular, tem. I am so proud of the over 60 Mem- ment run, and there is nothing wrong part of the plan that passed through bers of Congress who signed onto JOHN with that. It’s an agency that could be the House offers and introduces com- CONYERS’ bill for single-payer health set up by the government which would petition; it lowers costs for con- care, but we compromised when we offer an insurance product for people to sumers—taxpayers—and it brings a said, Okay. We’re not going to get that. get health care coverage, and that higher quality of health care to mil- The single payer was not really given a could offer real competition to the pri- lions of Americans. I think Americans fair chance in the House of Representa- vate insurance market. want to see the public option in any tives, in my opinion. Be that as it is, Now, the thing about the public op- we said, Okay. We will compromise and tion that you should know is that over final product, and I think it is something that people should let their gov- do the public option. 120 Members of the House of Represent- Now the public option has been atives have said, in a letter, that we ernment know that they want. Currently, in 34 States, 75 percent of pushed to the side. In as early as Au- want that, and we would like to see it the insurance market is controlled by gust of 2009, we were told the public op- make it into law. Not only that, over five or fewer companies. Many of the tion is off the table. Off the table was 24 Senators have said that they want to areas of the company are dominated by what we were told. Well, the public op- vote on the public option as well. This tion is such a good idea, such a power- is a very, very important development just one or two private organizations. A public option would offer a choice to ful concept, that it keeps putting itself because the fact is, when you have 24 back on the table. So, when it looked Senators and 120 House Members, people living in these highly concentrated markets. This means that like the public option was off the table that’s a lot. Senator REID says he fa- the addition of a public option would again this winter—this winter, we vors the public option. Clearly, the thought, Okay. The public option is off public option has already passed provide a quality and affordable choice. The public option offers competition. the table again. Then we see a move- through the House once. So this is a ment. First, it was just four Senators— Again, in 34 States, 75 percent of the great idea. It’s supported by the Amer- Senator BENNET, Senator GILLIBRAND, insurance market is controlled by five ican people. Seventy percent of the Senator BROWN. These Senators came or fewer companies. In Alabama, al- American public like it. together. They wrote a letter to HARRY most 90 percent of the market is con- The public option should be in the REID, and they said, We want to vote trolled by just one company. That’s final bill that eventually is signed by on the public option, and we’re going President Obama. The public option not fair. In addition, the public option would to ask you to put it up there. Then it was talked about at the health care was five. Then it was six. It got all the provide competition for private insur- summit today, and we are very glad way up to 24. Then there are a number ance companies to keep them honest. about that. Members of the Progressive of Senators who said they don’t want It would be completely up to individ- Caucus went to the White House and to sign a letter, which is their choice, uals to decide whether they want to ac- handed out a document urging Mem- but they would vote for it if it comes cess the public option. You don’t have bers at the summit to raise the issue before them. about the public option. Let me just to use the public option. In fact, you Of course, we saw two dynamic fresh- state the facts about the public option. could go to the private market if you man Members of the Congress— felt there were a better deal there, but One is that poll after poll has shown CHELLIE PINGREE and JARED POLIS— that the vast majority of Americans the public option would be there so two very dynamic, young Congress peo- believes a public option should be in- that concentrated markets could not ple who authored a letter that 120 of us cluded in health care insurance reform. simply force you to buy their products. joined, and now both the Houses have Fifty-seven percent were for a strong If the Congress of the United States these movements moving forward. We public option in a Washington ABC poll is going to mandate that Americans didn’t see the public option in the this winter. If the American people get health care insurance, we should at President’s proposal, but both Houses want it, if it has already passed least say that there will be a public op- of Congress are seeing these move- through the House, if 24 Senators say tion so that we don’t force you into the ments towards it. I believe that, if we they want it, and if the majority leader arms of a monopolistic, highly con- put that bill on the President’s table says he wants it, why can’t we get a centrated market which would take ad- with a public option in it, he will sign vote on it? I am saying this is a Pro- vantage of you because of its market it. He said he favored the idea. Here is gressive idea that is good for America, advantages. his chance to prove it. and I want to urge Americans to say Americans should be free to seek that a public option is a good thing. health care without having to fear that b 2145 Congress and the President have an- they could not afford it or that they The fact is that bureaucratic over- swered the call of the American people would incur tens of thousands of dol- head costs coupled with multimillion-

VerDate Nov 24 2008 04:45 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00085 Fmt 4634 Sfmt 0634 E:\CR\FM\K25FE7.142 H25FEPT1 dcolon on DSK2BSOYB1PROD with HOUSE H920 CONGRESSIONAL RECORD — HOUSE February 25, 2010 dollar CEO salaries and bonuses equate lic option, that lets you know that peo- ing our schools, helping firefighters to high costs for America’s working ple on the other side of the aisle saying and police and teachers and public families, and a lack of competition pro- things like, Oh, the Democratic Con- safety people. All these things get vides no incentive to change their prac- gress wants to get between you and squeezed when you’ve got to pay all tices, but a public option will make your doctor, isn’t true. It’s just not the that high debt service. them compete and will provide access case. So you need to be aware of the But Republicans lack credibility on to millions of Americans potentially. myths that are out there. fiscal responsibility. They don’t want Higher quality. Competition always As was said before, three courageous to spend money to help poor folks and improves quality. Therefore, the public members of the Progressive Caucus regular folks. That’s true. But when it option will help consumers get better went over to the White House today comes to helping out well-to-do people coverage for the same amount of and offered the Congressional Progres- and really, really wealthy folks, who I money as their private insurers. sive Caucus’s perspective, and I was am absolutely fine with—I’ve got a lot Now, there are myths about the pub- proud that they did that. The CPC, the of friends who are doing well. But they lic option, and I think people ought to Congressional Progressive Caucus, did don’t need folks looking out for them know that. The idea of a public option not receive an invitation to the health because they’ve got the money. But the being a government takeover or even a care summit, but we showed up and we point is that Republicans lack credi- government-run program is not really handed our ideas to the people who bility on fiscal responsibility. It’s not the truth. The idea that a mandated were invited, and we were happy to see that they don’t spend. It’s just they health insurance is a new tax on people that both Speaker PELOSI and Majority don’t spend it on things that help your is also not true. What a public option Leader HOYER introduced the idea of average citizen. They spend it on tax really is is that the government would the public option, and we thank them cuts for the very wealthy and wars. help cover the high cost of insurance for that. So debt held by the public nearly for Americans while bringing those So let me just now move into another doubled under the Bush administra- costs down through competition. With- area before we wrap it up tonight, and tion. We can look here at the year 2000, out health insurance reform, however, what I want to talk about is the econ- $3.4 trillion. We see this red ink just we can expect the problems that exist omy. Now, it’s important, as we discuss going up and up and up all the way to today to only get worse. the economy, to bear in mind that $6.3 trillion in 2008 when the Democrats Now, the public option is not a take- we’ve come quite a long way, quite a get the White House and the Congress. over of health care. That’s ridiculous. long way. In fact, when the Repub- So the fact is that this is their moun- It’s not true. It would simply be one licans were in office, they literally, not tainous debt, and now they want to lec- option among many offered by the pub- literally but figuratively, drove the ture about debt and fiscal responsi- lic. Now, it would be administered by economy into the ditch. They just ran bility, but it rings hollow because of the government, but so what. So is the economy into the ground. The their history. Medicaid, Medicare, the VA, and economy shrank 5.4 percent in the Let me also show you this board. TRICARE. These are all government fourth quarter of 2008. Barack Obama This is a good one. Democrats actually health care programs that people real- was not the President then. It was have a proven record of fiscal responsi- ly, really like. You know, as a matter under George Bush when the economy bility. Democrats are good with the of fact, when it comes to Medicare, shrank 5.4 percent in the fourth quar- economy. We do a good job when we’re back in 1965 when we passed it, only 22 ter of 2008. The fact is that the econ- in charge. If you look over Reagan, Republicans voted for it, and now they omy lost 741,000 jobs in January 2009 Bush I, Clinton, and Bush II, you will act like they’re the defenders of the alone. Remember, Barack Obama was see these budget deficits and surpluses. program, which they’re not. But the not the President until January 20. This is when we see the budget surplus fact is nobody’s messing with Medicare This a Bush failure and, of course, a during the Clinton years is going up. It nowadays. Why? Because it’s a popular Republican failure. actually goes above zero, so we actu- program. Even though only 22 Repub- Under the Republicans we erased $2.7 ally have more money. But here the licans voted for it in 1965 when it first trillion in retirement savings. I will amount of money that we have is less passed, it is now the way we live, and show you a board on that I have. And and less and we’re seeing ourselves nobody is going to allow it to be taken it’s important to remember that people greater and greater in debt under the away. trying to retire saw their retirement Reagan-Bush years. You see the debt is In 10 years the out-of-pocket costs savings just shrink under the leader- actually going up while our surplus is that are paid by individuals and fami- ship of the Republicans. Very scary. going down. And then you see the sur- lies across America would increase by Not very nice to the seniors. And more plus going up on the blue line, and then more than 35 percent and as many as than doubling the debt in 8 years. Now, you see the dropoff when it comes to 65.7 million Americans will be unin- these folks shake their finger at us like our surplus. We have no surplus here sured. That’s intolerable in this great we’re big spenders. Look, they doubled and then we have a negative surplus— country. This means higher costs to the debt in 8 years. When President also known as a deficit. taxpayers to cover hospital expenses of Clinton left office, we had a surplus. So if you look at this, Democrats the uninsured. Employers will also They took care of that because they have a proven record of fiscal responsi- have to pay health insurance premiums cut taxes for the wealthiest Americans bility. If you look at Reagan and Bush, at least 60 percent higher than pre- and never paid for them and then had a Clinton and Bush, you’re seeing the miums today. couple of wars they didn’t pay for and product of Republican leadership and There are supporters for the public put us in massive debt. The worst re- their fiscal irresponsibility. option in all areas of life, not just the cession since the Great Depression Now, this is an important board be- House, not just the Senate, but also should be called the ‘‘Republican reces- cause right now it’s all about jobs. We doctors are in support of the public op- sion.’’ need health care because it’s such a big tion, and organizations behind them Now, just to show you a little bit chunk of a family budget. We need to strongly support the public option too. more, I was talking about this idea of get that down. We need to cover every- These include the American Nurses As- public debt a moment ago, and, of body. So health care is economic jus- sociation, the American Cancer Soci- course, we all should be concerned tice for people. But it’s important to ety, the American Medical Association, about debt. As a progressive, I’m wor- understand that we’ve seen the job and the AARP. Even hospitals such as ried about debt because interest service losses because of the Republican reces- the National Association of Children’s on the debt can’t be waived, can’t be sion. I just showed you that. Demo- Hospitals have supported the principles put off. You’ve got to pay it when it’s crats turned around Republicans’ job of health care change and the public due. And that means that it cuts into losses. Now look: We’re losing jobs. All option. things, programs and expenditures that these red lines below this zero is unem- And let me just say when the Amer- could literally help people who I want ployment. We’re going down. Monthly ican Medical Association that rep- to see helped. Like helping people who change and nonfarm payrolls. You see resents doctors say they’re for the pub- are in need of medical assistance, help- that. And we’re going all the way

VerDate Nov 24 2008 04:45 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00086 Fmt 4634 Sfmt 0634 E:\CR\FM\K25FE7.144 H25FEPT1 dcolon on DSK2BSOYB1PROD with HOUSE February 25, 2010 CONGRESSIONAL RECORD — HOUSE H921 down. We’re just hitting it. And in Jan- and California Governor Arnold lion, as we see them climb from the uary of 2009, you see Democrats are in Schwarzenegger have echoed the DCCC first quarter of 2009 steadily back up. control, and as we’re just adding to job claims.’’ More evidence that Democrats are bet- losses here, it’s worse and worse and Like my dad, who’s a Republican, ter with the economy, which is the worse and worse, and then you see the they’re honest Republicans, and Simp- thing that helps you put food on the slow but steady improvement. son and Schwarzenegger are telling the table, a roof over your house, and re- Now, we’re still not creating jobs, truth. tirement money in your account. and this is a serious problem. But you ‘‘But key House Republicans argue Moving right through these boards can see that we’re going in the right di- that a vote against the stimulus bill here, and I just want to show the folks, rection. You can see that with Demo- should not prevent them from writing the economy is swinging back to crats in there, we’re doing better. a letter on behalf of their constituents growth. Now, GDP is gross domestic So the last month Bush was the seeking grants available from the $787 product. That is the sum total of all President, we lost 741,000 jobs in a billion measure. Some of them do say, the goods and services produced by the month. And the last month, and this however, that Republicans should re- economy in a given period of time. You doesn’t reflect the most recent data, frain from attending photo ops.’’ see that in the first quarter of 2008, we we lost 22,000. Now, we still lost, and And it goes on. had negative GDP growth. It popped that’s bad. But the fact is we’re losing b 2200 back up for a minute, but then it kept fewer and fewer and fewer and you can going down, down, down. This is all see that in a few months, we’ll be What is the point? The point is they under Bush. And then you see GDP above the line and we’ll be adding jobs, created a recession with their policies growth going back up. And these are which is something very, very impor- of tax cuts for the rich, wars that they the projected increases. tant to point out. didn’t pay for, tax cuts they didn’t pay The fact is that the economy, GDP Do you know what the toughest job for, no regulation of Wall Street, and growth is increasing. That means real in the circus is? Cleaning up after the just letting things run amok, not regu- goods and services produced. That elephants. So the Democrats are trying lating predatory lending though Demo- means people working. That means to fix 8 years of Republican leadership crats had been asking them to do it for production. That means people pro- in this country, and it’s not an easy years while we were in the minority. viding services. And it means food on thing to do. But you can see in a short And then they create this situation the table. It means soup in the pot. period of time, we’re getting it all where the economy tanks. Then when That is what it means. Or chicken, or turned around. we put measures in place to bring the whatever you like. Now, one of the things that helped economy back to life, they vote against So let me just say, as I begin to wrap turn things around is the Recovery it, but then they run to take advantage it up, the fact is that the economy is Act. Now, you heard these folks say, of it. That is bad. not back to health yet. It needs more oh, this is terrible, the Recovery Act is Now, the Recovery Act. The CBO, things. I believe very strongly, and the bad. You would think that the Recov- that is the nonpartisan Congressional Progressive Caucus agrees, that we ery Act was something that wasn’t any Budget Office, estimates that in the need direct job creation from the gov- good. But look here. This is something third quarter of calendar 2009, an addi- ernment like the WPA, where we put you should take a look at: tional 600,000 to 1.6 million people were people back to work, painting public ‘‘GOP: There’s no hypocrisy in seek- employed in the United States. That is buildings, working in Head Starts, ing stimulus money. Republicans say pretty good. In the third quarter of the doing valuable work that needs to be they are working on behalf of their calendar year 2009, an additional 600,000 done, and that these jobs could be paid constituents.’’ to 1.6 million people were employed. and they wouldn’t be just special kinds Now here’s the full quote: That is pretty good. That is trying to of jobs, but they would just be jobs ‘‘The DCCC claims that 91 House Re- dig us out of the hole. that people can do and hopefully keep publicans are talking out of both sides The Congressional Budget Office that job. of their mouths.’’ projects that the Recovery Act will in- If we can ignite the economy and Now, these guys were voting against crease real GDP by 1.5 to 4.5 percent keep the period of growth going. The the stimulus. We didn’t get one Repub- during the first half of 2010, and 1.2 to economy is not out of the woods yet. lican vote for the stimulus. They didn’t 3.8 percent during the second half. That We still have unemployment that is in- vote for it. They were all against it, is actually good as well. tolerably high, particularly in minor- even though it clearly put Americans Now, Mark Zandi, who actually was a ity communities. This is intolerable. back to work and stopped the bleeding consultant for Senator JOHN MCCAIN We have got to do something about it. of jobs. But that didn’t stop them from when he was running for President, There is no doubt about that. But we going out in ribbon cuttings and being who is pretty conservative, said, ‘‘I are going in the right direction. And there and just trying to show off and don’t think it is an accident that the we need to improve to keep the drive say, hey, look, give me some stimulus economy has gone out of recession and alive. Keep the drive alive, not turn money. I didn’t vote for it, but I want into recovery at the same time stim- back. to benefit from it. Isn’t that terrible? ulus is providing its maximum eco- I just want to say to folks out across Let me just read a little of this to you: nomic impact.’’ So even a conservative America, the fact is that it takes more ‘‘Amid mounting criticism, House economist is telling them that the than just a couple of years to get Republicans said this week that it is stimulus worked and is working. And I things straightened out after so many not hypocritical to vote against the just wish they would agree that Demo- years of difficulty. We need young peo- stimulus and later seek money from it crats are better for the economy. I just ple, new Americans, communities of for their districts. wish the Republicans would agree with color, working people, labor, everybody ‘‘After standing united in opposition the unbiased evidence that Democrats to keep their level of enthusiasm up to the President’s economic stimulus are better for the economy. about what the prospects for America bill a little more than a year ago, Now, it is important, I mentioned re- are and to not get discouraged just be- many Republicans have touted the ben- tirement accounts earlier, Retirement cause things didn’t pop back into shape efits of that measure back in their dis- Accounts Recovering Under the Obama as soon as George Bush handed over the tricts, according to a comprehensive Administration. Now, here we see mantle of the presidency. It is going to list compiled by the Democratic Con- under the Bush administration the take a little bit of time, but things are gressional Campaign Committee. value of retirement accounts is going clearly going in the right direction. ‘‘Citing the stimulus and other meas- down, the value of retirement savings One year in, the evidence is clear, ures, the DCCC claims that 91 House accounts. You see them, they are just and growing day by day, that the Re- Republicans are talking out of both going down, down, down, down, down. covery Act is working to cushion the sides of their mouths. They are just dropping. And then you greatest economic crisis since the ‘‘In recent days former Senator Alan see under the Obama administration, Great Depression and lay a new founda- Simpson, Republican from Wyoming, retirement accounts are up $1.8 tril- tion for economic growth. According to

VerDate Nov 24 2008 04:45 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00087 Fmt 4634 Sfmt 0634 E:\CR\FM\K25FE7.145 H25FEPT1 dcolon on DSK2BSOYB1PROD with HOUSE H922 CONGRESSIONAL RECORD — HOUSE February 25, 2010 the nonpartisan Congressional Budget 2000 to 2006, the Republicans had the would like, Mr. Speaker, that anyone Office, the Recovery Act is already re- White House—check the facts, Mr. listening to the sound of my voice ex- sponsible for as many as 2.4 million Speaker—they had the Senate, and amine the facts I just laid out because jobs. The analysis of the Council of they had the House of Representatives, they are true. Economic Advisers also found the Re- and they didn’t do anything to help The Republicans could have done covery Act is responsible for about 2 health care. something to help Americans address million jobs, a figure in line with esti- Mr. KING of Iowa. Will the gen- their health care crisis between 2000 mates from private forecasters in the tleman yield? and 2006, and they did not do anything. economy. Even the conservative Amer- Mr. ELLISON. I have already an- And since the Democrats regained the ican Enterprise Institute is agreeing swered that question. I will not yield. Congress, we passed SCHIP, State Chil- that the Recovery Act is helping create PARLIAMENTARY INQUIRIES dren’s Health Insurance Program, jobs, which no Republican voted for the Mr. KING of Iowa. Mr. Speaker, par- which President Bush vetoed, and we’re stimulus package. It is very important liamentary inquiry. trying to fix one mess they made with to remember that. Mr. ELLISON. I don’t have to yield, prescription drugs by filling the dough- We recently learned that our econ- Mr. Speaker. nut hole. But all that program was was omy grew 5.7 percent in the fourth The SPEAKER pro tempore. The gen- a boon to large pharmaceutical compa- quarter, the largest gain in 6 years, and tleman will state his parliamentary in- nies, and we’re trying to fix that large something many economists say is due quiry. debacle now. to the Recovery Act. So again, nega- Mr. KING of Iowa. Is it common and tive GDP growth, meaning we were los- normal for a Member to yield to an- The fact is is that the Republican ing, the economy was shrinking when other Member on a respectful request? Caucus could have helped the American Bush was the President, and now it is The SPEAKER pro tempore. It is en- people and they declined the invitation growing. Very important for people to tirely at the discretion of the gen- to do so. And now while America has know that. tleman who controls time whether or been embroiled in a conversation The Recovery Act, by the way, it did not he chooses to yield. around health care reform for a year, cut taxes for 95 percent of working Mr. KING of Iowa. Further par- they have come up with nothing con- families. The Republicans love their liamentary inquiry, Mr. Speaker. structive to say. All they want to do is tax cuts, but not for the regular work- The SPEAKER pro tempore. The gen- deprive Americans of their right to ing people, only for the very well-to-do. tleman will state his parliamentary in- civil redress under the law when doc- But the Recovery Act did cut taxes for quiry. tors sometimes make mistakes. They about 95 percent of American families, Mr. KING of Iowa. When a gentleman call it tort reform. What it really is is the Making Work Pay Act tax credit. states an erroneous fact into the denying consumers the right to redress And that is about $37 billion in tax re- RECORD, is a Member’s alternative then grievances, which is an American thing lief for about 110 million working fami- to move to take down the words rather to do to try to fix these problems. lies in 2009. than ask for a yield to correct the Now, we’re not saying that people The fact is loans were made to over record? who abuse the legal system shouldn’t 42,000 small businesses through the Re- The SPEAKER pro tempore. The have accountability. We are saying do covery Act, providing them with nearly Chair does not respond to hypothetical not shut the doors when Americans $20 billion in much-needed capital. The questions. have a legitimate claim, which is what Recovery Act funded over 12,500 trans- Mr. KING of Iowa. Mr. Speaker, I will I think the Republican Caucus is in portation construction projects nation- concede this moment for now. favor of. wide. When 40 percent of all construc- The SPEAKER pro tempore. Does the The fact is, Mr. Speaker, that this tion workers are on the bench, that gentleman have a further parliamen- hour, called the Progressive Caucus work is very, very, very welcome. tary inquiry? Hour, is all about talking about Pro- These projects range from highway Mr. KING of Iowa. Mr. Speaker, I gressive measures that have made construction to airport improvements, would have a point of order if we didn’t America great. And I would offer you of which more than 8,500 already are have Members in bed right now, so I this, Mr. Speaker, that every single underway. It funded 51 Superfund sites will concede this point right now and thing that has made America the won- from the national priority list. Of yield back. derful, beautiful, great country that it those sites, 34 have already had on-site The SPEAKER pro tempore. The gen- is has been a progressive proposal. construction. The Recovery Act, which tleman from Minnesota may proceed. I was proud to vote for, has done a lot Mr. ELLISON. Let me just say for Breaking away from England was of good for America. the third time, from 2000 to 2006, the progressive. Throwing off a dictator So as we wrap it up today, it is im- Republicans had the presidency, they was progressive. Freeing people from portant just to bear in mind that had the House of Representatives and slavery was a progressive thing to do. health care reform is a key component the Senate, and they didn’t do any- Allowing unions to organize was a pro- and a vital component of restoring our thing to help Americans improve the gressive step forward. Civil rights was country to economic health. We need health care situation. progressive. Women’s rights was pro- health care reform. gressive. Getting rid of the poll tax was b 2210 Remember, the Republicans had the progressive. And it has been conserv- House, the Senate, and the White They didn’t do a thing. They allowed atives every step of the way trying to House between 2000 and 2006, and they premiums to increase. They allowed block these things. didn’t do anything to improve the co-pays to increase. They allowed peo- America is a progressive country. health care situation for Americans. ple to be denied for preexisting condi- America believes that everybody does Mr. KING of Iowa. Will the gen- tions. They allowed misery to accumu- better when everybody does better. tleman yield? late around the health care crisis in America believes deep in its heart in Mr. ELLISON. The gentleman will America. They allowed the number of religious tolerance. We believe in eco- have an hour to say whatever he wants. uninsured to increase, and they al- nomic justice. We believe in equality Mr. KING of Iowa. I would be happy lowed a very difficult, awful situation. for all people. But conservatives, try- to yield to the gentleman in my hour So now we’ve got upwards of 45 mil- ing to hold this country back and as well. lion people who don’t have health care, maintain the status quo, have been in Mr. ELLISON. I can’t stay here all and while the Republicans could have the way all along. night. done something about it, they did not Mr. KING of Iowa. Will the gen- do anything about it. So tonight, Mr. Speaker, may I yield tleman yield to correct a fact? Now, in a few minutes, Mr. Speaker, back the microphone knowing full well Mr. ELLISON. No, I am not yielding. I am going to yield and in a few min- that those following me will have plen- You’re going to say whatever you want utes I am sure my friend from Iowa is ty to add. later, so let me just keep going. From going to have plenty to say. But I But with that, I will yield back.

VerDate Nov 24 2008 04:45 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00088 Fmt 4634 Sfmt 0634 E:\CR\FM\K25FE7.146 H25FEPT1 dcolon on DSK2BSOYB1PROD with HOUSE February 25, 2010 CONGRESSIONAL RECORD — HOUSE H923 PROGRESSIVES OR SOCIALISTS gressives decided, well, we’ll manage b 2220 The SPEAKER pro tempore (Mr. our own Web site because we really But when you read their Web site, it HIMES). Under the Speaker’s announced don’t want to have to put up with the says, we want to nationalize the major policy of January 6, 2009, the gen- criticism of our brethren, the Social- corporations in America. I take that to tleman from Iowa (Mr. KING) is recog- ists. It’s completely the brethren. mean the Fortune 500 companies and nized for 60 minutes. When you read the Socialists’ Web probably some more, and they write Mr. KING of Iowa. Thank you, Mr. site, it says clearly on the Democratic that they don’t have to do it all right Speaker. I appreciate being recognized Socialist Web site, dsausa.org, Mr. at once, they can do it incrementally. finally here on the floor of the House of Speaker. It says clearly on there, it They want to nationalize the oil refin- Representatives. Frankly, it’s aston- starts out with, We are not Com- ery business so they can control the ishing to me that a fellow Member of munists. I always had a little trouble energy in America, and they want to Congress has so little confidence in trusting somebody starting out their nationalize the utilities in America so things that he says are facts that he re- dialogue with, well, I’m not a Com- they can control the energy in Amer- fuses to yield and deal with the actual munist, because you know there behind ica. facts that he knew were before him. that there’s a ‘‘but.’’ This could happen incrementally, To make the statement that Repub- Democratic Socialists, the brethren they don’t have to do it all at once. So- licans did nothing on health care dur- of the Progressives, linked together cialist Web site. They say we don’t ing those years of 2000 to 2006 is flat- with their Web sites until a few years elect candidates on our banner. We out false, Mr. Speaker. It’s a fact that ago to declare that they are not Com- don’t send candidates and get their we moved on health care. We moved munists but they believe in a lot of the names on the ballot under the Socialist some significant policy. And in par- same things that the Communists be- ballot. We advance these candidates as ticular, we passed the repair to the lieve in. Progressives because Progressives abuse of lawsuits, which today it was But the difference, according to the doesn’t have quite the harsh connota- published by the Government Reform Socialist Web site linked to the Pro- tion of the hardcore left that Socialist Committee—actually, was published 2 gressives’ Web site—proudly by the So- has. days ago—that the annual costs of law- cialists anyway, and I think proudly by So they hide under the Progressive suit abuse and health care in America the Progressives—they say, We are not banner and they advance the Socialist is $210 billion. That’s over $2 trillion Communists. But the difference is agenda, and it’s on both of their Web for the course of a bill, and there isn’t Communists want to nationalize every- sites. I wondered when I heard MAXINE one dime that would be taken out of thing. Communists want to have the WATERS from California a few years the pockets of that $2 trillion—a lot of State own all property and own all of ago say, I think we should nationalize which goes to the trial lawyers—that is everyone’s labor and everything exists the oil refinery business. I mean, I had offered by the President or the Demo- for the State. And the Communists to take a breath, catch my breath for a crats, and certainly not the gentleman want to do central planning to manage minute, because nobody would say that from Minnesota. the butcher, the baker, and the candle- in the society where I live. They don’t And for him to stand here on the stick maker, let alone labor. want to nationalize the private sector. floor of the House of Representatives The Communists are the ones that They believe in free enterprise and in and very much deny the very fact that want to introduce a national health competition. They understand the vi- is a fact of record and then refuse to care act that’s completely a single- tality, this robust economy that we politely allow for a correction of that payer plan paid for by the government. have. But that was said. Where did that record so you, Mr. Speaker and, by ex- Nobody has to pay for anything. And it come from. MAURICE HINCHEY made a tension, the American people have an would require that everyone working remark also about the nationalizing of opportunity to be honestly and truth- within health care in America would be the energy industry. fully informed is an affront to the dig- a salaried employee. Where did that come from? How does nity of the dialogue on the floor of the Oh, let me see. Where would I come anyone have the chutzpah to make House. So that’s just a start on my an- up with that? Well, not necessarily on such a statement as a Member of Con- swers. And I didn’t come here to pro- the Democratic Socialist Web site. Not gress that they want to start taking vide a rebuttal for the previous hour. necessarily on—let me see—the CPUSA over the private sector. This is before But the American people need to Web site. I read that in a bill that was our economy started in this downward know, Mr. Speaker, that there is a Pro- introduced by some of the Progressives spiral. So I heard these words that gressive Caucus here and it’s 78 mem- here in this Congress in 1981. They became from them, and I am reading off bers strong, the last time I counted the lieve and still believe in single payer. the Web site, Democratic Socialist Web names on the list on the Web site. The They think that health care should be site, and the echo comes back to be the Web site was put up on a poster over free, that it’s a right, not a privilege— same. here, and they’re pretty proud of the not just your own health care, but I look over at the Progressives, of policy that they have. You can go on everybody’s own private health insur- which each of those Members I men- that Web site and read and learn that. ance policy; that the government tioned are listed on the Progressives One of them is a Senator; the others ought to run all health care; that they Web site, and it’s the same agenda. are House Members. They are the most would set up boards as central planning Then we have a candidate for President liberal Members of the House. management boards that would tell ev- called Barack Obama, and he has this And when you look at the history of erything how to operate. artful way of using ambiguities so that the Progressives, you will recognize But no one could be anything except the left hears him say something that that that Web site, that now with Mr. a salaried or an hourly employee. You they want him to say, and the right GRIJALVA’s name in the Web site, was couldn’t do fee-for-service. So if you’re doesn’t hear the same thing. They the Web site managed by the Social- a super excellent brain surgeon, you might actually even hear what they ists. The Democratic Socialists of get paid whatever they decide. You want him to say. America managed the Web site for the don’t get paid for the number or the But where does the President govern? Progressives. They put it up. They quality of the brain surgery that you He is elected on hope and change. Well, took care of it. They maintained it. perform. hope and change is not working so good They put the information on. They But I am back to Democratic Social- right now, but where does the Presi- wrote some of the language that went ists of America. What are they? Well, dent govern? Way over to the left. on there—a lot of it for all I know—and they’re not Communists. That’s what And I stand here, Mr. Speaker, on the carried their philosophy from the they say. And the difference is they floor of the House, after this 61⁄2-hour Democratic Socialists—that is the So- don’t want to nationalize everything. health care summit today, and I am cialists in America, by the way—on The Socialists, the, slash, Progressives, wondering, what is this about biparti- over to the Progressives’ Web site. And don’t want to nationalize the butcher, sanship? What was this argument that when that linkage was uncovered and the baker, and the candlestick maker— came from the President when he heard the pressure came up, then the Pro- not right away, anyway. the criticism you are not working in a

VerDate Nov 24 2008 04:45 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00089 Fmt 4634 Sfmt 0634 E:\CR\FM\K25FE7.148 H25FEPT1 dcolon on DSK2BSOYB1PROD with HOUSE H924 CONGRESSIONAL RECORD — HOUSE February 25, 2010 bipartisan way? You need to reach out to do, and that is appoint a conference their Christmas trees and they were to the Republicans, this closing the committee that would try to merge the talking about the same things that we door and locking Republicans out, and two bills and resolve their differences. talk about, the weather, the religion it happened. It’s been happening here But the Democrats didn’t really and politics, probably not the markets since September. think that the American people would the same way we do. As that position They met today to talk for the first be paying any attention to what they was coalescing in Massachusetts, some time about health care in a meaningful did. That’s one of the reasons why they of the people were thinking, I have had way since last September, when Demo- passed the bill on Christmas Eve in the enough. They thought, some of them crats shut Republicans out of their United States Senate. I actually thought we have our version of health health care negotiating rooms. And, wished it would have been as late as care here, and it’s not our job or our yes, they had guards outside the doors, possible on that day. I think it could business to impose another version of a they were there to provide security for have been pushed up to 9 o’clock that government-run health care on every- the leaders. But think of the image, night when Santa was actually deliv- body else in America. the doors go closed behind the Demo- ering presents, rather than when the Some of them thought enough money crat leaders and they sit in there in the elves were going to bed in the morning. had been spent, that this $700 billion in formerly smoke-filled rooms and they But that’s what happened, Mr. TARP, and all of these companies that negotiate what they want to do to Speaker. The American people were ap- have been nationalized, much of it by America without any eyes or ears of palled at what they saw. They were ap- this administration, and the $787 bil- the press or anybody from the opposing palled at how tone deaf the majorities lion stimulus plan, that made every- party or any real conscience or con- were in the House of Representatives body really nervous to see trillions of servatism inside the room. and how tone deaf the majorities were dollars, at least $1.6 trillion, moving on So they cook up their deal. They in the United States Senate, and they up to $2-plus trillion dollars when you cooked it up upstairs—well, let me say were talking. look at all the money the Fed has ad- they cooked it up in the Speaker’s of- It isn’t that the American people go vanced. fice, and they cooked it up in HARRY dormant. They go see their family, They saw that happening, Mr. Speak- REID’s office, and they ran separate and, yes, they go to work. And they get er, and every increment of nationaliza- bills in the House and in the Senate. on the phone, and they get a little time tion made the American people more On November 7, here on a Saturday, to send their email lists out. What hap- nervous indeed, having less confidence the House of Representatives by the pened was, there was a national dia- in the government that they had elect- barest of margins passed a national logue. ed and the decisions that were made by health care act bill that takes away I can tell you what happens when our their elected representatives. And as the liberty of the American people. family gets together, and it takes three we march down through the murderous Then it went over to the Senate, or four family reunions to get us all row of the nationalization of three where even the 60 votes that they had completely processed in their right, large investment banks and AIG, the to have in the Senate with the liberals faithful way over Christmas vacation, insurance company, and Fannie Mae they had over there, they couldn’t get but we will meet three or four times, and Freddie Mac, where it took on $5.5 the votes to pass the House version, so and we will have other little individual trillion in contingent liabilities with they put together a Senate version and meetings with friends and neighbors Fannie and Freddie, for the taxpayers by the barest of margins, with the, let and do those things, there is a lot of to take on that contingent kind of a me say the most repulsive of sweet- dialogue going on between Christmas risk, then the Federal Government heart deals, put together barely the 60 and New Year’s. In my neighborhood turned to the car companies and de- votes they needed to break the fili- we talk about probably four things, but cided, the White House, the Obama buster and have it be successful on a three things in particular. We talk White House could run General Motors cloture vote. about the weather, and we talk about and Chrysler better than General Mo- On Christmas Eve, Mr. Speaker, religion, and we talk about the mar- tors and Chrysler could be run by those HARRY REID’s Scrooge gift to the kets, and we talk about politics. That’s who are approved by the shareholders. American people was the Senate four, and politics moved up on the list. version of socialized medicine, their It actually sat there, number one, national health care act, complete with and it was at the dinner table, and it b 2230 funding for abortion and illegals, out of was in the living room, and it was all And so the President fired the CEO of the Senate. Merry Christmas, Amer- across America. People were talking General Motors and cleaned out the ican people. HARRY REID and the 60 about what was happening to our coun- board of directors. He replaced himself votes they had in the Senate at the try. While that was going on, SCOTT all but two of the board members of time delivered a Christmas present to BROWN was campaigning intensively in General Motors and replaced the CEO the American people with 60 votes, Massachusetts. You had people waking of General Motors, put in place a car which pretty much demonstrated that up in Massachusetts. The polling that czar, a 31-year-old car czar that had all the demonstrations that took place showed on that day, the 23rd of Decem- never made a car and never sold a car; since August weren’t counting for ber, when the timing schedule for ad- as far as I can determine never fixed a much in the mind of HARRY REID and journment of the Senate and that final car. We don’t even know if he owned a the 59 other Democrats over there in cloture vote was scheduled, on that day car. And if he did, the question I would the Senate, and that was Christmas the poll I saw showed SCOTT down 20 ask him is, well, was it an American- Eve. So a lot of people went home for points. There was another one that had made car or a foreign car? Christmas. In fact, most of us did go him down 30 points. All of this was undermining the con- home for Christmas. But not a single pundit before Christ- fidence of the American people as we Over Christmas and New Year’s, most mas predicted that SCOTT BROWN could race toward this political climax that of the public life goes dormant and be the next United States Senator from after we saw socialized medicine pass some of the people thought that going Massachusetts. That was 2 days before in the House on November 7 and after dormant was the right thing to do, that Christmas. No one predicted it before we saw it pass on Christmas Eve in the nobody would pay any attention any- Christmas. It started to come out some United States Senate—unprecedented way. So why would you keep a press days after Christmas, near, I think, the to be in the session on Christmas Eve shop up and why would Members of first of the year, if I remember cor- doing something that had never been Congress go out on the stump and give rectly, when the first little hint that done before in the history of this coun- a lot of speeches and do town hall something might be going on in Massa- try, trying to set a new standard of the meetings and do a lot of press and talk chusetts started to leak out to the rest socialization, the nationalization of about how bad the House bill is, how of the world. our bodies—all of that going on, and bad the Senate bill is, and how unbe- But I have every confidence that the the American people were repulsed lievably bad it would be if they would faithful people in Massachusetts were that all of their voices, all that they do what one might have expected them sitting around their dinner tables and had to say, everything that they

VerDate Nov 24 2008 04:45 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00090 Fmt 4634 Sfmt 0634 E:\CR\FM\K25FE7.150 H25FEPT1 dcolon on DSK2BSOYB1PROD with HOUSE February 25, 2010 CONGRESSIONAL RECORD — HOUSE H925 weighed in with hit only just the deaf- of Copenhagen with something they President, where he would have already ness of the leaders in this Congress, pointed to that said was a victory, but pre-agreed to sign the bill. He would Mr. Speaker. not much of anybody thought so. It is have been in the room, too, or he and And so they went to work. They went a mild little fig leaf of a victory. his representatives, doing those nego- to work in Massachusetts. They went So I’m going to describe it this way: tiations. out into the streets and put up signs President 0-for-1 in Virginia, 0-for-1 in So, Mr. Speaker, what I have put to- and walked the streets and knocked on New Jersey, 0-for-2 in Copenhagen, gether here is a description of what ac- doors. As I went down through Massa- and—completely a goose egg—0-for-1 in tually happens and the functionality if chusetts, I recall being in the Viet- Massachusetts. And now the ‘‘SCOTT they had gone to the conference com- namese section in Boston, and as I heard around the world’’ has echoed mittee instead of this reconciliation went down through that section—it’s through this place. The White House, nuclear option. But they didn’t want really a small business section of Bos- after that election, had to pull back. the conference committee because they ton—window after window had SCOTT They had to stop and see if they could would have to then put up with Repub- BROWN signs in the Vietnamese section get a lay of the land and figure out lican criticism, Republican motions, of Boston, and certainly did many of what to do. Republican efforts to at least let the the residential areas. There was a tre- Senator HARKIN said within a few world know that there are many log- mendous outpouring for SCOTT BROWN. days of that election that they had an ical alternatives. And so they cir- As I went into the call centers, I had agreement that they had negotiated cumvented the conference committee. I people come up to me and say, I’m a with the House, and they had an agree- believe, Mr. Speaker, that this is the union member and my husband is a ment that would bring reconciliation first time in the history of this coun- union member. We’ve always walked through. It is a bit convoluted and I try, at least on a major bill, that the streets for the Democrats, but this won’t explain it in detail here tonight, the White House has stepped in to put time we’re here to work for SCOTT Mr. Speaker, but that was the first we together a negotiation that has—it’s a BROWN. We’ve had enough. The irre- heard that they were meeting behind de facto conference committee. The sponsible overspending is at its core closed doors to put together a rec- White House has replaced them, and and the taking over private business is onciliation package. I know it had been they’re the de facto conference com- a big part of this, and trying to push a rumored out there since September, mittee. They’ve put this together and national health care act down our but that was the first I recall of a legis- tried to propose something. throats like you give a pill to a horse lator saying, Oh, yeah, we have that What was interesting was the White is more than they could tolerate. deal put together. That was Senator House planned and announced that And so in that sea change from 21 TOM HARKIN from my State, my junior they would release a bill on Monday of percent down to 5 percent up—it actu- Senator that said that. this week. The White House also said ally was a 24, 25 percent turnaround So they moved on looking to see that any bill, we would have 72 hours that took place in an unpredicted way what they could do. In normal cir- to examine it. So they called a meeting in Massachusetts—SCOTT BROWN rose cumstances, you would take the dif- for today that was scheduled for 6 forward to a victory in Massachusetts ferences, the Senate bill and the House hours, started at 10 o’clock this morn- and had a lead that was about the same bill, and appoint a conference coming and, interestingly, the time that for the last, I’m going to say in the mittee that would have Democrats and they released their document—that a polls that I saw the last 4 or 5 days at Republicans on it. What would happen lot of us thought was going to be a least in the race. So I don’t think that would be the Democrats who were in health care bill, a third bill, a Reid there was more than about 20 days for the majority—NANCY PELOSI and bill, a Pelosi bill, and an Obama bill, it him to close the gap of 21 points. And HARRY REID and their people—would go only turned out to be 12 pages or so of he will know that a lot better than me, behind closed doors—even with a con- bullet points—all of this time and the Mr. Speaker. But that message that ference committee—and they would White House can’t produce a bill, but came from the election of SCOTT make their deal behind closed doors. they at least filed the bullet points of BROWN, that resounding noise out of They would negotiate their package be- what they thought should be in a bill Massachusetts—and there were a lot of hind closed doors. Once they decided at 10 o’clock on Monday, so exactly 72 people that went to Massachusetts to they could get the votes in the House hours before the meeting was to con- help. Tea party patriots went. Also and in the Senate to pass their pack- vene and did convene at the Blair people from many of the States in the age, their socialized medicine version House today in this town. So they Union went up to see what they could of what they want to do to America’s timed it to have their 72 hours as they do because that’s where the fight was, freedom today when it comes to health promised. It just wasn’t a bill. The that’s where people could preserve care, then they would have announced President didn’t present a bill, Mr. their liberty and they were committed the conference committee. Speaker. to that cause. That election result The members of the conference com- But they negotiated today and they came out, and it shifted the dynamics mittee on their side would have been had a discussion, and it went on about in the United States Senate, because committed to voting for the package 61⁄2 hours of discussion altogether. How SCOTT BROWN promised to deliver the that was already pre-negotiated. The do you analyze that? Well, did anybody vote against cloture that would change Republicans would then appoint their take anything off the table? Did any- the dynamics. conference committee, and at an ap- body offer anything? Were there any And so the President of the United pointed date and time they would all changes? Were there any agreements? States, who has not done very well in file out into the room, sit down in their Was there any proposal, any amend- some of his endeavors—let me see. chairs, call the conference committee ment, any specific language, or even a What did he do? He went to Virginia to to order, and then they would go concept that was agreed to by either engage in the Governor’s race in Vir- through the charade of debating the side? I am hard-pressed to say that ginia and he went 0-for-1 in Virginia. different changes, somebody would there was, Mr. Speaker. He went to New Jersey and did several offer a change here and offer a change We can, perhaps, get into some of appearances in New Jersey, as I recall, there and they would vote it up or those things a little bit, but I have sev- to reelect John Corzine in New Jersey. down. After a while, they would have it eral of these pieces of data here. This is Chris Christie won in New Jersey, Bob ratified—the very deal that was put to- the health care fact check. It doesn’t McDonnell won in Virginia. So Presi- gether behind closed doors—and pushed quite match my numbers, but it’s pret- dent Obama went 0-for-1 in Virginia. a conference committee report out ty close to what I have. As I watched He went 0-for-1 in New Jersey. here that would have gone then to the this happen, as soon as the meeting He went to Copenhagen twice, once House and Senate, one side taking it up opened up, it appeared to me that if a to win the Olympics for Chicago and first and then over to the other side. Republican would speak, the President another time to see if he could seek The last one to pass the identical piece would interrupt him. And then that in- some kind of a global green agreement of legislation that was negotiated be- dividual might reclaim their time and on climate change. Now, they came out hind closed doors would go to the try to speak again and the President

VerDate Nov 24 2008 04:45 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00091 Fmt 4634 Sfmt 0634 E:\CR\FM\K25FE7.152 H25FEPT1 dcolon on DSK2BSOYB1PROD with HOUSE H926 CONGRESSIONAL RECORD — HOUSE February 25, 2010 would interrupt him again. Then that don’t think that they should go for- Congress. It’s not a function of the Re- individual would make a quick state- ward with a reconciliation. Now, that’s publicans’ failure to help Democrats ment and yield the floor, in which case one of the things that should have been with a bad idea that should be criti- the President would speak, a Democrat a deal breaker. If the President of the cized. would speak—generally uninter- United States takes the position that If they can’t agree among them- rupted—and then the President would he wants to invite people to negotiate selves, then could it just be they have take the time back and speak, then a on health care in a bipartisan fashion a bad bill? Could it be that the bill has Republican would speak and get inter- and if he is sensitive to the criticism been rejected by enough of the con- rupted again. that we haven’t had negotiations on C– stituents of the Democrats? And so what is this? Give me the SPAN and that they haven’t been bi- How about the Blue Dogs? Where are count on this, will you? I have them partisan, then that’s what this was de- the Blue Dogs on this? They seem to here, and I don’t think anybody else signed to do. It was to send a message have gone underground on me this has counted them—I have not heard to the American people that the Presi- time, and I wonder if they haven’t be- that they have. Six and a half hours of dent was on C–SPAN and that they come groundhogs and seen their shad- meeting, we have the President inter- were bipartisan. Well, that’s all true, ows instead of Blue Dogs who used to rupting speakers 70 times in 61⁄2 hours. but the President has intimated and be for balanced budget, fiscal responsi- Seventy interruptions. And out of has directly said that the Republicans bility and for excoriating anybody who those 70 interruptions, he was rude to don’t have open minds and that he has didn’t produce the same. Now that they the Democrats 20 times. He wasn’t al- already accepted our good ideas and have a President of their very own, it’s ways rude, actually. Sometimes it has incorporated them into the legisla- a different equation for the Blue Dogs. needed to be said also with Repub- tion that was written this past Novem- They aren’t nearly as vocal. licans. But you would think it would be ber and December. This reconciliation package, this equal or proportional. And you would I recall the President standing in idea to put together a bill that would think it would be respectful of people Baltimore before us when he said, ‘‘I circumvent the very rules of the Sen- that care a lot about policy and know am not an ideologue. I am not. I am a ate which require a 60-vote majority to a lot of this policy. And presumably, centrist.’’ You have to put a couple of break a filibuster and a vote of cloture, according to the White House and the ellipses in there, but that is a contex- is something that has been rejected by Democrats in leadership here and in tual statement. It is the message he in- many of the Senators who would be the Senate, this would have been the tended to deliver. It is the message he making the decision to go forward with first time they had heard Republican did deliver. I don’t know anybody who this. This reconciliation, this ‘‘nuclear ideas because they said we didn’t have thinks the President is not an ideo- option’’ that it used to be called by any. Well, we had plenty and they logue nor do I know anybody who Democrats when it was contemplated knew it, but they repeated that we thinks the President is a centrist. He by Republicans, was opposed by Demo- didn’t have any ideas. is, by record, in fact, the most liberal crat after Democrat back in those So you would think they wouldn’t President we have ever elected in the years, mostly in 2005, when we needed have interrupted. You would think, if history of this country. He has the to confirm some judges. they were actually telling the truth largest liberal majority, Progressive By the way, Senator REID said today when they said Republicans didn’t have majority—the people who build com- that nobody was talking about rec- ideas, that they would have leaned for- mon cause with the Democratic Social- onciliation. Huh. Yes, they were. BEN ward in a very interested fashion and ists of America majority—that I have CARDIN was talking about it while listened carefully to the proposals that seen in my lifetime. HARRY REID was talking about it. Only at least they would like to convince The political center of this Congress he was saying they need to go forward the American people it was the first is way to the left. I don’t know when with reconciliation. So that’s been time they had heard such things. they’ve had a filibuster-proof majority going on for some time. As I said, that b 2240 in the United States Senate, which just argument has been going on since Sep- Well, in fact, they’d heard it all be- disappeared last month; but of all the tember—the nuclear option, as Demo- fore, because we’d produced those bills tools they had to work with to pass crats called it. Now they call it recall before. We’d introduced them all be- their agenda, they pointed their bony onciliation—nice, warm, and fuzzy. fore. They were introduced, many of fingers at the Republicans and said, The President had an opportunity to them as amendments in the markups of You are obstructionists. You are just take the reconciliation/nuclear option the bills that came through the House the Party of No. You are standing in off the table. He did not do so today. It in the Ways and Means Committee and the way of progress. If you could just would have been an extension of an in the Energy and Commerce Com- see the rationale for us and go with us open handshake to at least say, We mittee. They were just all voted down so that we could have some Republican aren’t going to blow this thing through on a party line vote with very few ex- votes, we could actually pass this legis- over the filibuster rules of the United ceptions. lation and give Americans socialized States Senate, but the President didn’t So the President interrupted Demo- medicine. do that. It must mean he is still for the crats 20 times. He interrupted Repub- Well, the problem is Democrats can’t nuclear option. licans 50 times. That’s 21⁄2 times more. agree among themselves. NANCY Even though HARRY REID said they I have here that President Obama PELOSI—the Speaker—Mr. Speaker, has weren’t talking about it, they are. The alone was 1 minute short of 2 hours on 40 votes to burn. That is four-zero. American people know that. The people his own. It was a 61⁄2-hour meeting. He That is three dozen plus four votes to in this House know this—Democrats claimed essentially a third of the talk- burn. She can give them all up and still and Republicans—even though it has ing time. The Democrats, including pass a health care bill in their own con- been rejected by the President, then- President Obama, burned not quite 4 ference, in their own caucus. Yet they Senator Obama, Senator SCHUMER, hours. The Republicans altogether used point their fingers at Republicans and Senator REID, then-Senator Biden and up 1 hour and 50 minutes. So that’s at say, You’re obstructionists. You’re now Vice President, Senator DODD, least 2–1. Actually, when you add it up, only the Party of No. Senator FEINSTEIN, then-Senator Clin- it comes to 3.5–1 or so. My numbers Well, we’re the Party of No—‘‘no’’ to ton, and Senator MAX BAUCUS. All of come to actually 3.5–1 when I look at socialized medicine, ‘‘no’’ to breaking them have rejected the idea of rec- the time the Democrats spoke com- the budget, ‘‘no’’ to taking away the onciliation. They called it a ‘‘nuclear pared to Republicans speaking. It’s liberty of our children, grandchildren option’’ when Republicans were con- about—oh, it’s a number that origi- and of every succeeding generation in templating the same. nally was about 25 percent. It’s prob- America, and ‘‘no’’ to passing the debt This is on a video, but I happen to ably a little more than that, Mr. along and the interest along to those have the text. So we should know what Speaker. same people. Yes, we say ‘‘no’’ to such the President said about this plan that, We have a number here that shows things. The American people said ‘‘no,’’ I think, comes to this House and that, that 52 percent of the American people and they want help saying ‘‘no’’ in this I think, comes to the Senate. I think

VerDate Nov 24 2008 04:45 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00092 Fmt 4634 Sfmt 0634 E:\CR\FM\K25FE7.153 H25FEPT1 dcolon on DSK2BSOYB1PROD with HOUSE February 25, 2010 CONGRESSIONAL RECORD — HOUSE H927 they’re going to try the tactic, and it ple of the arrogance of power, it is a ends, not with a bomb but with a will blow the place up in the Senate, fundamental power grab. I pray God gavel.’’ and it will bring the people to the when the Democrats take back control, That’s what we’re looking at, Mr. streets in America. I think they’re we don’t make the kind of naked power Speaker. But all of these people are in going to try it because it appears to me grab you are doing.’’ Vice President a position to flip around and change it is their last option to push this on JOE BIDEN. Presumably that’s also a their position. I’d remind the American us. philosophical conviction. He’s praying people that Thomas Jefferson once said In 2005, then-Senator Obama said of to God that they don’t do the same that large initiatives should not be ad- reconciliation, A change in the Senate thing that he alleged Republicans were vanced on slender majorities. And rules that really, I think, would change about to do—and did not, by the way, that’s an important point, and I don’t the character of the Senate forever. at least on that occasion. know that Jefferson was talking about He often pauses for a long time. Now I have on reconciliation Senator bipartisan majorities being broader He picks up and he says, And what I CHRIS DODD, Democrat from Con- than slender, but he surely would have worry about would be you essentially necticut, who said, ‘‘I’ve never passed a rejected the idea that very slender, ex- still have two Chambers—the House single bill worth talking about that clusively partisan majorities are not and the Senate—but you would have didn’t have as a lead cosponsor a Re- conducive to the good future of our simply majoritarian absolute power on publican, and I don’t know of a single country. either side. piece of legislation that’s ever been And then I would make another point No check and balance on the major- adopted here that didn’t have a Repub- with regard to these negotiations and ity power is what the President is say- lican and a Democrat in the lead. discussions, Mr. Speaker, and that is ing there. Only he was a Senator at the That’s because we need to sit down and the President of the United States has time. work with each other. The rules of this had kind words to say to some of the He concludes with, And that’s just institution have required that. That’s people that we’ve viewed as our en- not what the Founders intended. why they exist. Why have a bicameral emies. One of them would be President Obama was opposed to rec- legislative body? Why have two Cham- Ahmadinejad, who is the President of onciliation as a Senator. It was a philo- bers? What were the Framers thinking Iran. And he said in his State of the sophical position for him, presumably, about? They understood, Mr. President, Union address—this is an interesting and now it looks like he is salivating that there is a tyranny of the major- thing to come from the President. This over knowing his agenda might fail if ity.’’ Senator CHRIS DODD speaking of is speaking almost directly to they can’t violate a principle that he reconciliation. Ahmadinejad in Iran, standing back believes he stood on then, which I dis- Now, that’s a list of some of them, where you are, very close in front of agreed with, by the way. but I think it would be instructive to where you are, Mr. Speaker. President Senator SCHUMER, who was in the go the rest of the way through, Mr. Obama said this: ‘‘To those who cling discussions today, said, We are on the Speaker, and go to Senator DIANNE to power through corruption and deceit precipice of a crisis, a constitutional FEINSTEIN and what she had to say of and the silencing of dissent, know that crisis. reconciliation, which was: ‘‘The Senate you are on the wrong side of history, This is of reconciliation, Mr. Speak- becomes ipso-facto the House of Rep- but that we will extend a hand if you er. resentatives, where the majority rules are willing to unclench your fist.’’ The checks and balances which have supreme and the party in power can That was the President’s statement in been at the core of the Republic are dominate and control the agenda with the State of the Union address, and no about to be evaporated, the checks and absolute power. ‘‘ Senator DIANNE doubt he’s speaking to Ahmadinejad, balances which say, if you get 51 per- FEINSTEIN. And that is an accurate someone who has sworn that he is an cent of the vote, you don’t get your analysis of the function of what’s going enemy of the United States and wants way 100 percent of the time. on right now. We will see if she’ll par- to annihilate the ‘‘Great Satan.’’ And ticipate in this and go back on her po- he defines Ahmadinejad as one who is b 2250 sition. clinging to power through corruption ‘‘It is amazing. It’s almost a temper But at least then-Senator and now and deceit and the silencing of dissent. tantrum. They want their way every Secretary of State Hillary Clinton It sounds a lot like what we’re going single time, and they will change the won’t have to be engaged in this be- through here in this Congress. It rules, break the rules, misread the Con- cause she happens to be now the Sec- sounds a lot like the silencing of dis- stitution so that they will get their retary of State and out of this loop. sent that’s taking place in the House of way.’’ Senator SCHUMER of the nuclear But Hillary Clinton said of reconcili- Representatives, with no amendments option that is being contemplated by ation: ‘‘You’ve got majority rule, and allowed unless they make Republicans this White House and the leadership in then you’ve got this Senate here where look bad, a shutdown of the open rules the Senate and in the House in order to people can slow things down, where process, a shutdown of the debates force-feed socialized medicine on Amer- they can debate, where they have process, and a driving through of legis- ica. something called the filibuster. You lation in a partisan way. Well, the majority leader in the know, it seems like a little less than So I’m going to suggest this, Mr. United States Senate had some things efficient. Well, that’s right it is and de- Speaker, that I would appreciate it if to say also about the nuclear option liberately designed to be so. The Sen- the President today would offer the Re- back in those years, which I believe ate is being asked to turn itself inside publicans the same thing that he of- was still 2005, when HARRY REID said, out. Ignore the precedent to ignore the fered Ahmadinejad, and that would be ‘‘The right to extend debate is never way our system has worked. The deli- that we would extend our hand if he more important than when one party cate balance that we have obtained would have just unclenched his fist. We controls Congress and the White House. that has kept this constitutional sys- would have been happy to meet with In these cases a filibuster serves as a tem going for immediate gratification the President without preconditions, check on power and preserves our lim- of the present President.’’ Hillary Clin- but the President insisted on pre- ited government.’’ HARRY REID. What ton, opposed to the nuclear option-rec- conditions. So did Ahmadinejad. He in- did he think? He thought they onciliation. sisted on preconditions, and the Presi- shouldn’t use the nuclear option, the Now, the last quote that I have in dent said, I don’t insist on any. I offer reconciliation package, because the fil- front of me is Senator MAX BACHUS, my hand. Here is a blank piece of ibuster is necessary as a check on who was actively engaged in the nego- paper. Let’s negotiate regardless of power and it preserves our limited gov- tiations on this bill for a time with my what your conditions are. But instead ernment. senior Senator CHUCK GRASSLEY, who the President on health care said to Now, Mr. Speaker, it brings me to essentially was shut out of these nego- Republicans, I’m going to hang on to then-Senator, now Vice President JOE tiations last September. MAX BACHUS my ObamaCare bills, House and Sen- BIDEN, who said of the reconciliation- said of the nuclear option-reconcili- ate. I’ll pick my choice because I nuclear option: ‘‘Ultimately an exam- ation: ‘‘This is the way democracy couldn’t write a bill of my own, and

VerDate Nov 24 2008 04:59 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00093 Fmt 4634 Sfmt 0634 E:\CR\FM\K25FE7.155 H25FEPT1 dcolon on DSK2BSOYB1PROD with HOUSE H928 CONGRESSIONAL RECORD — HOUSE February 25, 2010 I’m going to hang on to the reconcili- dozen. And the one mediator takes 2 lawyers that argued before me, I appre- ation-nuclear option because that’s the hours of the time just pushing his posi- ciate your opinion, but I would really gun to the head of Republicans, and tion, belittling the position of others. rather see the language for myself so I you can figure out if you’re going to And any time he is corrected, since ob- can read it and figure out what it real- blink and concede something to us viously he has no intent to deceive, so ly says. today and bring some votes over to our when he makes a mistake on exactly So, you go look at the language side of the aisle so we can claim that what the facts are, having somebody itself, and voila, subsection A, ‘‘Grand- this albatross is something that be- try to correct it and then having them fathered Health Insurance Coverage.’’ longs to Democrats and Republicans. interrupted, as my friend points out. And it describes that, ‘‘The term And when we rightfully refuse, they But like we had the discussion here grandfathered health insurance cov- will pull the trigger on reconciliation, on the floor, our friend BART STUPAK erage means individual health insur- the nuclear option. And it won’t be be- across the aisle had an amendment to ance coverage that is offered and in cause we didn’t offer an open hand. It take out the abortion provisions that force and effect before the first day of will be because their clenched fist would allow Federal funding for abor- Y1.’’ That is the first date that the bill squeezed the trigger of the round of the tion. So gee, why in the world would goes into effect. And then you have got nuclear option and sets off a food fight you need an amendment to take out two basic subparagraphs, number one, in America that will be ugly in the the abortion funding if there were no ‘‘Limitation on new enrollment.’’ And streets if they force this thing on this abortion funding in the bill? But, as I that says, and I will quote from that country. am sure my friend from Iowa knows, if subsection, in order to keep your cov- I have been joined by the gentleman you went to page 110 of the House bill, erage if you like it, it says, ‘‘The indi- and my very good and close friend from there is, and, of course, I have been vidual health insurance issuer offering Texas (Mr. GOHMERT), whom I would be through, I got tags all through this such coverage does not enroll any indi- very happy to yield to. stuff as you can see, because I was try- vidual in such coverage.’’ Mr. GOHMERT. I appreciate my ing to go through to see what was fact Now, you get what that means. It friend from Iowa, and I appreciate the and what was fiction. But right here on means the two different gentlemen I points that he’s been making. page 110, subsection capital B, ‘‘Abor- have had over the last few weeks that You heard so much information tions’’—this is the topic—‘‘Abortions approached me back in my district, and today. It was a bit mind-boggling when for which public funding is allowed.’’ one of them said, ‘‘I am not concerned you think about the number of people And then it goes on and sets things out at all about what you’re doing about that were in the so-called summit like that. health care because I was part of a today, and not only did they not have So when somebody comes to the floor union and a part of a big corporation. I a copy of the bills that they were going and says there is no public funding for retired. They got me a great health to try to ram down America’s throat, abortion in this bill at all, and we care plan, and I’m pleased with it. And they seemed to be a little miffed when know also that the Senate refused to I’m not worried about anybody else.’’ people like ERIC CANTOR and PAUL allow anything close to the Stupak The other, as it turned out, had been RYAN had data right at their fingertips amendment to cut out Federal funding, part of the same union, part of the to talk about, because it’s very discom- then we know that this same kind of same company and retired. He was con- forting, I would imagine, if you get language was in the bill that was going cerned, and he said, ‘‘Tell me more very indignant and say there’s no to survive and that they were going to about how I can keep my policy.’’ money in any of these bills for abor- work from. Because as I have heard my For people like that, all they would tion. friend Mr. STUPAK say, if that language have to do is read this individual provi- We heard the same thing right here is not taken out with a Stupak-type sion. So the gentleman who said, I’m on this floor just within feet of where amendment, he can’t vote for it, nor really not worried, I said, ‘‘Well, let me my friend from Iowa is. We heard peo- can maybe 40 of our friends across the ask you, since this says here that you ple say when we debated the House bill aisle. But ‘‘Abortions for which the can’t keep your coverage even if you that there is no money in this bill for public funding is allowed.’’ Now, you like it if another individual is enrolled abortion. And I don’t infer any evil in- know people did not read that on the in such coverage, I have to ask, does tent or intent to deceive, but I know floor. And our Speaker did not know anybody ever get added to your health when people say that, since clearly that that language was there. I am sure care coverage from your union that they have no intent to deceive, they she didn’t prepare the bill. you were part of and retired from and just hadn’t read the bill before they And we also know that they didn’t now have this great retired medical came to the floor or went to the sum- read some of the other provisions. Be- policy?’’ And he says, ‘‘Well, yeah, peo- mit to try to convince people about. cause I am sure that when people from ple retire all the time.’’ Bad news. That And let’s face it. It was called a sum- the President on down say, ‘‘If you like is really bad news, because that means mit today. Summit meaning height. It your health care you are going to get they get added to the policy. That was the height of something. And we’ll to keep it,’’ I am sure they didn’t in- means under ‘‘Limitation on New En- let the Speaker figure out for us what tend to deceive anybody. I am sure rollment,’’ number one, you’re elimi- that height was, but it was the height they didn’t. But it also tells me they nated from keeping your coverage and of something, the summit of some- hadn’t read the bill that is before us. you get bounced over onto the Federal thing. And this language, from the best I can insurance exchange program. tell, as my friend pointed out earlier, The second limitation might affect b 2300 from the 11-page summary and then some other Americans who like their But the President himself, I think he the 19-page summary of the summary. insurance and would like to keep it. It was within maybe 1 minute of taking 2 Both of those can be obtained, of is this. The title is, ‘‘Limitation on hours of all that time by himself. And course, from the White House Web site. changes in terms or conditions.’’ I am I was certified as a mediator. I went You can either look at their 11-page just reading from the bill. I’m not through training and certification as summary or their 19-page summary of making this up. ‘‘The issuer does not an international arbitrator. I know the summary. But I can’t find that this change any of its terms or conditions, something about coming together and language is removed in their summary including benefits and cost sharing.’’ mediating. And when you have one side or summary of the summary. So if you You get that? If the insurance com- sitting here and another side sitting look at page 91 of the bill, it’s entitled, pany that has the policy you like, like over here and you say I am going to be ‘‘Protecting the Choice to Keep Cur- these two gentlemen that retired from fair-handed between the time, and you rent Coverage.’’ a major company after having their take individually more time beating up This is the provision that will allow union negotiate a good policy, if any on the poor little guys over here who you to keep your coverage if you like term or condition in their policy got even less time among that whole it. So, being an old judge, chief justice, changes, if the benefits change at all, group. I am not sure how many there I kind of feel like I appreciate the rep- they add benefits, they take any bene- were on each side, but certainly over a resentations, but as I used to tell the fits away, they say, well, you know

VerDate Nov 24 2008 04:59 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00094 Fmt 4634 Sfmt 0634 E:\CR\FM\K25FE7.157 H25FEPT1 dcolon on DSK2BSOYB1PROD with HOUSE February 25, 2010 CONGRESSIONAL RECORD — HOUSE H929 what, we found out this treatment was out there working from dawn until Mr. BISHOP of New York (at the re- not safe so we’re removing it from dusk and some of them into the night quest of Mr. HOYER) for today. something we’ll provide coverage for, to try to make enough money and then Mr. DENT (at the request of Mr. you find out something is a brand new go to another job and moonlight to try BOEHNER) for today after 3 p.m. and for treatment that works, we add that, to help the family, help the kids have the balance of the week on account of well, you’ve changed your benefits. what they need to get through school? a death in the family. And it says here you can’t change your And you’re going to say, You know f benefits if you’re going to keep it. And what? You make a little too much to if you change the copay, if you change be under the poverty line that will SPECIAL ORDERS GRANTED the deductible, if you change the price allow us to just give you free health insurance or health care, so under sec- By unanimous consent, permission to of the policy, bad news. Under number address the House, following the legis- two, you lose your policy and you get tion 501, we’re just going to have to tax you because you’re not buying a Cad- lative program and any special orders kicked over under the Federal insur- heretofore entered, was granted to: ance exchange program. illac insurance policy. But then again, we also know if you (The following Members (at the re- Now, I was intrigued today to hear quest of Mr. ETHERIDGE) to revise and one of our Democratic friends there at have a Cadillac insurance policy— which to me, Cadillacs are great cars. I extend their remarks and include ex- the White House summit give a won- traneous material:) derful example about the Federal in- used to have one before I ever came to Congress. I can’t afford one now, but Mr. ETHERIDGE, for 5 minutes, today. surance exchange program. He gave they were good cars. And, unfortu- Ms. WOOLSEY, for 5 minutes, today. this example or something like this. I nately, Cadillacs may not be what they Mr. CUMMINGS, for 5 minutes, today. was listening to two or three things at used to be now that the government Mr. DAVIS of Illinois, for 5 minutes, the same time, I had hearings and motors owns them or makes them. today. meetings and things going on. But as I But nonetheless, can you imagine the Mr. MCDERMOTT, for 5 minutes, understood it, he said, ‘‘Well, like when arrogance of a government that tells today. I want to go look for a flight or make people, You’re not buying as expensive Mr. DEFAZIO, for 5 minutes, today. travel arrangements, I will go onto of an insurance policy that I think you Ms. KAPTUR, for 5 minutes, today. Orbitz or Expedia or something like ought to have so I am going to tax you (The following Members (at the re- that. Well, that’s all this Federal infor it? quest of Mr. POE of Texas) to revise and surance program is. You know, it helps And in the summary, the President’s extend their remarks and include ex- you find the best policy.’’ plan points out—or the changes to the traneous material:) Well, that is a wonderful point. I House and Senate bill says, in the sum- Mr. POE of Texas, for 5 minutes, have been trying to find where the gov- mary, You know what? The medical de- March 4. ernment owns Orbitz and Expedia. I vice tax—what some of us referred to Mr. JONES, for 5 minutes, March 4. can’t find that they own those pro- as the wheelchair tax. Of course, they Mr. MORAN of Kansas, for 5 minutes, grams. The best I can determine, initially stuck the medical device tax March 4. whether it’s Travelocity, Orbitz, in there, and there was no threshold Mr. THOMPSON of Pennsylvania, for 5 Expedia, whatever, I can’t find the gov- above which you had to be to pay an minutes, today. ernment owns any of those. I can’t find extra tax if you had the misfortune of that it is a Federal Orbitz, a Federal needing a medical device. And so some f began to refer to it as the tampon tax, Expedia, Travelocity, whatever it is. I BILL PRESENTED TO THE because that meets the requirements of can’t find that. Apparently, these are PRESIDENT private companies. And apparently, a medical device and it could be taxed. from what he said, he likes what the And the threshold of a hundred dollars Lorraine C. Miller, Clerk of the private companies are doing. is put in there. House reports that on February 25, 2010 Well, we want people in America to So the President says, You know she presented to the President of the have choice. We want them to have the what? We may just create a whole new United States, for his approval, the fol- best choice. And I bet you if you asked excise tax that everybody is going to lowing bill. Americans, and said, ‘‘We’re thinking have to pay. Sorry about that $250,000 H.R. 4532. To provide for permanent exten- about creating a travel agency, and the exclusion I told you about at one time, sion of the attorney fee withholding proce- government will make all your travel but you’re still going to have to pay dures under title II of the Social Security Act to title XVI of such Act, and to provide arrangements for you. You just contact more taxes. This is chock full of this stuff. That is why most Americans do for permanent extension of such procedures our government office. We’re going to under titles II and XVI of such Act to quali- give you an option to all the other air- not want this bill. And if you look, there are all kinds fied non-attorney representatives. lines, all the other travel agencies. of, still, pot sweeteners for Senators or f We’re just going to let the government Representatives that were reluctant. do that because we feel like you are They changed some of those, but the ADJOURNMENT owed a public option when you travel.’’ pot sweeteners were in there to try to Mr. KING of Iowa. Mr. Speaker, I I wonder how many people would ever get their vote. They don’t help all move that the House do now adjourn. go to the Federal option, because it is Americans. They sweeten the pot only The motion was agreed to; accord- not competitive. for those votes that they think they ingly (at 11 o’clock and 14 minutes b 2310 need to get it passed. That is not right. p.m.), the House adjourned until to- That is not good for all Americans. The Federal Government never has morrow, Friday, February 26, 2010, at 9 That’s not consistent with the equal a.m. to compete. It can run in the red. They protection that is promised to all don’t care. Their salaries are not de- Americans under the Constitution. You f pendent on how well the company does. ought to have equal opportunity, and And so I also want to point out that BUDGETARY EFFECTS OF PAYGO they don’t have it. LEGISLATION if you look here at section 501, the title I appreciate so much the time as my of section 501 is ‘‘Tax on Individuals friend has yielded. Pursuant to Public Law 111–139, Mr. Without Acceptable Health Care Cov- SPRATT hereby submits, prior to the f erage.’’ ‘‘Tax on Individuals Without vote on passage, the attached estimate Acceptable Health Care Coverage.’’ LEAVE OF ABSENCE of the costs of H.R. 4691, the Temporary And this place is supposed to care By unanimous consent, leave of ab- Extension Act of 2010, for printing in about the little guys, the guys that are sence was granted to: the CONGRESSIONAL RECORD.

VerDate Nov 24 2008 04:59 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00095 Fmt 4634 Sfmt 0634 E:\CR\FM\K25FE7.158 H25FEPT1 dcolon on DSK2BSOYB1PROD with HOUSE H930 CONGRESSIONAL RECORD — HOUSE February 25, 2010 CBO ESTIMATE OF THE STATUTORY PAY-AS-YOU-GO EFFECTS FOR H.R. 4691, THE TEMPORARY EXTENSION ACT OF 2010 AS INTRODUCED ON FEBRUARY 25, 2010 [Millions of dollars, by fiscal year]

2010– 2010– 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2015 2020

NET IMPACT ON THE DEFICIT Net increase in the Deficit ...... 8,605 750 286 275 195 105 75 10 0 0 0 10,218 10,303 Less: Current-Policy Adjustment for Medicare Payments to Physicians 1 ...... 1,040 0 0 0 0 0 0 0 0 0 0 1,040 1,040 Designated as Emergency Requirements 2 ...... 7,565 750 286 275 195 105 75 10 0 0 0 9,178 9,263 Statutory Pay-As-You-Go Impact ...... 0 0 0 0 0 0 0 0 0 0 0 0 0 1 Section 7(c) of the Statutory Pay-As-You-Go Act of 2010 provides for current-policy adjustments related to Medicare payments to physicians. 2 Section 11 of the Temporary Extension Act of 2010 would designate all sections of the Act, except section 5, as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010. Notes: Positive numbers for ‘‘Net Impact on the Deficit’’ denote an increase in the deficit. Components may not sum to totals because of rounding. Sources: Congressional Budget Office and Joint Committee on Taxation.

EXECUTIVE COMMUNICATIONS, 6238. A letter from the Director, Defense the Medical Device User Fee and Moderniza- ETC. Procurement and Acquisition Policy, De- tion Act of 2002; to the Committee on Energy partment of Defense, transmitting the De- and Commerce. Under clause 2 of rule XXIV, execu- partment’s final rule — Defense Federal Ac- 6246. A letter from the Director, Regu- tive communications were taken from quisition Regulation Supplement; Trade latory Management Division, Environmental the Speaker’s table and referred as fol- Agreements-Costa Rica and Peru (DFARS Protection Agency, transmitting the Agen- lows: Case 2008-D046) (RIN: 0750-AG31) received cy’s final rule — Endocrine Disruptor Screening Program; Policies and Procedures 6230. A letter from the Chief, Regulatory January 25, 2010, pursuant to 5 U.S.C. for Initial Screening [EPA-HQ-OPPT-2007- Analysis and Development, Department of 801(a)(1)(A); to the Committee on Armed 1080; FRL-3899-9] (RIN: 2070-AD61) received Agriculture, transmitting the Department’s Services. 6239. A letter from the Assistant Secretary, January 22, 2010, pursuant to 5 U.S.C. final rule — Importation of Hass Avocados Legislative Affairs, Department of State, 801(a)(1)(A); to the Committee on Energy and From Peru [Docket No.: APHIS-2008-0126] transmitting the 45th report required by the Commerce. (RIN: 0579-AC93) received January 21, 2010, FY 2000 Emergency Supplemental Act, pur- 6247. A letter from the Director, Regu- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- suant to Public Law 106-246, section 3204(f); latory Management Division, Environmental mittee on Agriculture. to the Committee on Armed Services. Protection Agency, transmitting the Agen- 6231. A letter from the Director, Regu- 6240. A letter from the Chairman, Congres- cy’s final rule — Approval and Promulgation latory Management Division, Environmental sional Oversight Panel, transmitting the of Air Quality Implementation Plans; Mon- Protection Agency, transmitting the Agen- Panel’s monthly report pursuant to Section tana; Revisions to the Administrative Rules cy’s final rule — Triticonazole; Pesticide 125(b)(1) of the Emergency Economic Sta- of Montana [EPA-R08-OAR-2008-0307; FRL- Tolerances [EPA-HQ-OPP-2009-0276; FRL- bilization Act of 2008, Pub. L. 110-343; to the 8968-3] received January 22, 2010, pursuant to 8808-6] received January 22, 2010, pursuant to Committee on Financial Services. 5 U.S.C. 801(a)(1)(A); to the Committee on 5 U.S.C. 801(a)(1)(A); to the Committee on 6241. A letter from the Associate General Energy and Commerce. Agriculture. Counsel for Legislation and Regulations, De- 6248. A letter from the Director, Regu- 6232. A letter from the Director, Regu- partment of Housing and Urban Develop- latory Management Division, Environmental latory Management Division, Environmental ment, transmitting the Department’s Protection Agency, transmitting the Agen- Protection Agency, transmitting the Agen- ‘‘Major’’ final rule — HOPE for Homeowners cy’s final rule — Premanufacture Notifica- cy’s final rule — Pendimethalin; Pesticide Program; Statutory Transfer of Program Au- tion Exemption for Polymers; Amendment of Tolerances [EPA-HQ-OPP-2008-0876; FRL- thority to HUD and Conforming Amend- Polymer Exemption Rule to Exclude Certain 8804-2] received January 22, 2010, pursuant to ments To Adopt Recently Enacted Statutory Perfluorinated Polymers [EPA-HQ-OPPT- 5 U.S.C. 801(a)(1)(A); to the Committee on Changes [Docket No.: FR-5340-I-02] (RIN: 2002-0051; FRL-8805-5] (RIN: 2070-AD58) re- Agriculture. 2502-AI76) received February 5, 2010, pursuant ceived January 22, 2010, pursuant to 5 U.S.C. 6233. A letter from the Director, Regu- to 5 U.S.C. 801(a)(1)(A); to the Committee on 801(a)(1)(A); to the Committee on Energy and latory Management Division, Environmental Financial Services. Commerce. Protection Agency, transmitting the Agen- 6242. A letter from the Secretary of the 6249. A letter from the Director, Regu- cy’s final rule — Oxirane, 2-Methyl-, Poly- Commission, Federal Trade Commission, latory Management Division, Environmental mer with Oxirane, Dimethyl Ether; Toler- transmitting the Commission’s ‘‘Major’’ Protection Agency, transmitting the Agen- ance Exemption [EPA-HQ-OPP-2009-0675; final rule — Fair Credit Reporting Risk- cy’s final rule — Revisions to the California FRL-8805-3] received January 22, 2010, pursu- Based Pricing Regulations [Regulation V; State Implementation Plan, San Joaquin ant to 5 U.S.C. 801(a)(1)(A); to the Committee Docket No. R-1316] (RIN: 3084-AA94) received Valley Air Pollution Control District [EPA- on Agriculture. February 17, 2010, pursuant to 5 U.S.C. R09-OAR-2009-0475; FRL-9104-7] received Jan- 6234. A letter from the Director, Regu- 801(a)(1)(A); to the Committee on Financial uary 22, 2010, pursuant to 5 U.S.C. latory Management Division, Environmental Services. 801(a)(1)(A); to the Committee on Energy and Protection Agency, transmitting the Agen- 6243. A letter from the Assistant General Commerce. cy’s final rule — Novaluron; Pesticide Toler- Counsel, Division of Regulatory Services, 6250. A letter from the Deputy chief, CGB, ances [EPA-HQ-OPP-2009-0273; FRL-8807-2] Department of Education, transmitting the Federal Communications Commission, trans- received January 22, 2010, pursuant to 5 Department’s ‘‘Major’’ final rule — Student mitting the Commission’s final rule — U.S.C. 801(a)(1)(A); to the Committee on Ag- Assistance General Provisions; Teacher Edu- Closed Captioning of Video Programming riculture. cation Assistance for College and Higher [CG Docket No.: 05-231] received January 21, 6235. A letter from the Director, Regu- Education (TEACH) Grant Program; Federal 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the latory Management Division, Environmental Pell Grant Program; Academic Competitive- Committee on Energy and Commerce. Protection Agency, transmitting the Agen- ness Grant Program and National Science 6251. A letter from the Chief of Staff, Media cy’s final rule — 2-Propenoic acid, 2-ethyl- and Mathematics Access To Retain Talent Bureau, Federal Communications Commis- hexyl ester, polymer with ethenylbenzene Grant Program [Docket ID: ED-2009-OPE- sion, transmitting the Commission’s final and 2-methylpropyl 2-methyl-2-propenoate; 0001] (RIN: 1840-AC96) received February 17, rule — Amendment of Section 73.622(i), Post- Tolerance Exemption [EPA-HQ-OPP-2009- 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the Transition Table of DTV Allotments, Tele- 0699; FRL-8807-4] received January 22, 2010, Committee on Education and Labor. vision Broadcast Stations (Anchorage, Alas- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 6244. A letter from the Assistant Secretary, ka) [MB Docket No.: 09-210] received January mittee on Agriculture. Employee Benefits Security Administration, 25, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to 6236. A letter from the Deputy Secretary, Department of Labor, transmitting the De- the Committee on Energy and Commerce. Department of Defense, transmitting report partment’s ‘‘Major’’ final rule — Interim 6252. A letter from the Chief of Staff, Media to Congress on Taiwan’s Air Defense Force; Final Rules Under the Paul Wellstone and Bureau, Federal Communications Commis- to the Committee on Armed Services. Pete Domenici Mental Health Parity and Ad- sions, transmitting the Commission’s final 6237. A letter from the Department of De- diction Equity Act of 2008 (RIN: 1210-AB30) rule — Amendment of Section 73.202(b), fense Medicare-Eligible Retiree Health Care received February 17, 2010, pursuant to 5 Table of Allotments, FM Broadcast Stations Board of Actuaries, Department of Defense, U.S.C. 801(a)(1)(A); to the Committee on Edu- (Maupin, Oregon) [MB Docket No.: 09-130] re- transmitting A report on the actual status of cation and Labor. ceived January 25, 2010, pursuant to 5 U.S.C. the D.O.D. Medicare-Eligible Retiree Health 6245. A letter from the Secretary, Depart- 801(a)(1)(A); to the Committee on Energy and Care Fund along with recommendations that ment of Health and Human Services, trans- Commerce. the Board deems necessary; to the Com- mitting the Department’s FY 2008 annual 6253. A letter from the Assistant Secretary, mittee on Armed Services. performance report to Congress required by Legislative Affairs, Department of State,

VerDate Nov 24 2008 05:28 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00096 Fmt 4634 Sfmt 0634 E:\CR\FM\A25FE7.042 H25FEPT1 dcolon on DSK2BSOYB1PROD with HOUSE February 25, 2010 CONGRESSIONAL RECORD — HOUSE H931 transmitting a six-month periodic report on rule — Fisheries of the Exclusive Economic forced by the threat of annual, automatic se- the national emergency with respect to the Zone Off Alaska; Pacific Cod by Catcher questration (Rept. 111–420). Referred to the proliferation of weapons of mass destruction Processors Using Hook-and-Line Gear in the House Calendar. that was declared in Executive Order 12938 of Bering Sea and Aleutian Islands Manage- Mr. CARDOZA: Committee on Rules. November 14, 1994, and continued by the ment Area [Docket No.: 0810141351-9087-02] House Resolution 1113. Resolution providing President each year, most recently on No- (RIN: 0648-XS96) received January 21, 2010, for further consideration of the bill (H.R. vember 6, 2009, pursuant to 50 U.S.C. 1641(c); pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 2701) to authorize appropriations for fiscal to the Committee on Foreign Affairs. mittee on Natural Resources. year 2010 for intelligence and intelligence re- 6254. A letter from the Assistant Secretary, 6267. A letter from the Deputy chief, Regu- lated activities of the United States Govern- Legislative Affairs, Department of State, latory Products Division, Department of ment, the Community Management Account, transmitting the Department’s report on Homeland Security, transmitting the De- and the Central Intelligence Agency Retire- progress toward a negotiated solution of the partment’s final rule — Naturalization for ment and Disability System, and for other Cyprus question covering the period August Certain Persons in the U.S. Armed Forces purposes (Rept. 111–421). Referred to the 1 through September 30, 2009, pursuant to [CIS No.: 2479-09; DHS Docket No. DHS-2009- House Calendar. Section 620C(c) of the Foreign Assistance Act 0025] (RIN: 1615-AB85) received January 25, f of 1961 and in accordance with Section 1(a)(6) 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the of Executive Order 13313; to the Committee Committee on the Judiciary. PUBLIC BILLS AND RESOLUTIONS on Foreign Affairs. 6268. A letter from the Program Manager, 6255. A letter from the Special Inspector Department of Justice, transmitting the De- Under clause 2 of rule XII, public General for Afghanistan Reconstruction, partment’s final rule — Commerce in Explo- bills and resolutions of the following transmitting the sixth quarterly report on sives-Storage of Shock Tube With Deto- titles were introduced and severally re- the Afghanistan reconstruction, pursuant to nators (2005R-3P) [Docket No.: ATF 15F; AG ferred, as follows: Public Law 110-181, section 1229; to the Com- Order No. 3133-2010] (RIN: 1140-AA30) received By Mr. MARKEY of Massachusetts (for mittee on Foreign Affairs. January 21, 2010, pursuant to 5 U.S.C. himself and Mr. SMITH of New Jer- 6256. A communication from the President 801(a)(1)(A); to the Committee on the Judici- sey): of the United States, transmitting a report ary. H.R. 4689. A bill to establish the Office of pursuant to Section 3134 of the National De- 6269. A letter from the Secretary, Depart- the National Alzheimer’s Project; to the fense Authorization Act for Fiscal Year 2008; ment of Energy, transmitting a report enti- Committee on Energy and Commerce. to the Committee on Foreign Affairs. tled ‘‘Final Cost and Performance Goals for By Mr. PERLMUTTER (for himself, 6257. A letter from the Acting Chief Execu- Coal-Based Technologies’’; to the Committee Ms. WATERS, Mrs. HALVORSON, Mr. tive Officer, Corporation for National and on Science and Technology. LARSON of Connecticut, Mr. Community Service, transmitting FY 2011 6270. A letter from the Chief, Publications BLUMENAUER, Mr. HODES, Mr. HIMES, Congressional Budget Justification/FY 2009 and Regulations Branch, Internal Revenue Mr. SIRES, Mr. CARSON of Indiana, Annual Performance Report; to the Com- Service, transmitting the Service’s final rule Mr. ELLISON, Mrs. CHRISTENSEN, Mr. mittee on Oversight and Government Re- — Tier II Issue: Cost Sharing Stock Based CARNAHAN, Mr. HOLT, Mr. COHEN, Mr. form. Compensation Directive #2 received January COURTNEY, Mr. MCDERMOTT, Mr. 6258. A letter from the Secretary, Depart- 21, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to QUIGLEY, Ms. SCHWARTZ, Mr. TONKO, ment of Education, transmitting FY 2009 An- the Committee on Ways and Means. and Mr. SARBANES): nual Performance Report; to the Committee 6271. A letter from the Assistant U.S. H.R. 4690. A bill to establish the Office of on Oversight and Government Reform. Trade Representative for WTO and Multilat- 6259. A letter from the Associate General Sustainable Housing and Communities, to eral Affairs, Office of the United States establish the Interagency Council on Sus- Counsel for General Law, Department of Trade Representative, transmitting the Ad- Homeland Security, transmitting a report tainable Communities, to establish a com- ministration’s Annual Report on Subsidies prehensive planning grant program, to estab- pursuant to the Federal Vacancies Reform Enforcement, pursuant to the Statement of Act of 1998; to the Committee on Oversight lish a sustainability challenge grant pro- Administrative Action of the Uruguay gram, and for other purposes; to the Com- and Government Reform. Round Agreements Act; to the Committee on 6260. A letter from the Assistant Secretary mittee on Financial Services, and in addi- Ways and Means. for Legislative Affairs, Department of the tion to the Committees on Transportation 6272. A letter from the Secretary, Depart- Treasury, transmitting FY 2009 Treasury and Infrastructure, and Energy and Com- ment of Defense, transmitting disaster relief Agency Financial Report; to the Committee merce, for a period to be subsequently deter- operations related to the Haiti Earthquake; on Oversight and Government Reform. mined by the Speaker, in each case for con- jointly to the Committees on Armed Serv- 6261. A letter from the Acting Comptroller, sideration of such provisions as fall within ices and Financial Services. Government Accountability Office, trans- the jurisdiction of the committee concerned. 6273. A letter from the Inspector General, mitting the Office’s Performance and Ac- By Mr. RANGEL (for himself, Mr. WAX- Special Inspector General for Iraq Recon- countability Report for Fiscal Year 20097; to MAN, Mr. GEORGE MILLER of Cali- struction, transmitting the Special Inspector the Committee on Oversight and Govern- fornia, Mr. CONYERS, and Mr. OBER- General for Iraq Reconstruction (SIGIR) ment Reform. STAR): January 2010 Quarterly Report, pursuant to 6262. A letter from the Archivist of the H.R. 4691. A bill to provide a temporary ex- Public Law 108-106, section 3001; jointly to United States, National Archives and tension of certain programs, and for other the Committees on Foreign Affairs and Ap- Records Administration, transmitting the purposes; to the Committee on Ways and propriations. Administration’s annual Performance and Means, and in addition to the Committees on 6274. A letter from the Assistant Secretary, Accountability Report for Fiscal Year 2009, Energy and Commerce, Education and Labor, Legislative Affairs, Department of State, ending September 30, 2009; to the Committee Transportation and Infrastructure, Financial transmitting a report entitled ‘‘Report to on Oversight and Government Reform. Services, Small Business, the Judiciary, and 6263. A letter from the Director, Office of Congress on Iran-Related Multilateral Sanc- the Budget, for a period to be subsequently Management and Budget, transmitting the tions Regime Efforts’’ covering the period determined by the Speaker, in each case for Office’s report entitled, ‘‘2009 Report to Con- from Febuary 17, 2009 to August 16, 2009, pur- consideration of such provisions as fall with- gress on the Benefits and Cost of Federal suant to Public Law 104-172; jointly to the in the jurisdiction of the committee con- Regulations and Unfunded Mandates on Committees on Foreign Affairs, Financial cerned. State, Local and Tribal Entities’’, pursuant Services, and Ways and Means. By Mr. LIPINSKI (for himself, Mr. to 31 U.S.C. 1105 note; to the Committee on f BRALEY of Iowa, Mr. RYAN of Ohio, Oversight and Government Reform. Mr. MANZULLO, Ms. SUTTON, Mr. 6264. A letter from the Assistant Attorney REPORTS OF COMMITTEES ON EHLERS, Mr. HARE, Mr. DINGELL, Mr. General, Department of Justice, transmit- PUBLIC BILLS AND RESOLUTIONS MICHAUD, Ms. KAPTUR, Mr. SCHOCK, ting annual report pursuant to the Military Under clause 2 of rule XIII, reports of Mr. VISCLOSKY, Mr. WILSON of Ohio, ´ and Overseas Voter Empowerment Act, pur- committees were delivered to the Clerk Ms. LINDA T. SANCHEZ of California, Mr. KAGEN, Mr. STUPAK, Mr. LYNCH, suant to Public Law 111-84, section 587; to for printing and reference to the proper the Committee on House Administration. Mr. LOEBSACK, Mrs. DAHLKEMPER, Mr. 6265. A letter from the Chair, Election As- calendar, as follows: ELLISON, Mr. ELLSWORTH, Mr. sistance Commission, transmitting the Com- Mr. PERLMUTTER: Committee on Rules. PERRIELLO, Mr. KILDEE, Mr. PETERS, mission’s FY 2009 Annual Report, submitted House Resolution 1109. Resolution providing Ms. SHEA-PORTER, Mr. TAYLOR, Mr. in accordance with Section 207 of the Help for consideration of the Senate amendments SARBANES, and Mr. JOHNSON of Illi- America Vote Act of 2002 (HAVA); to the to the bill (H.R. 3961) to amend title XVIII of nois): Committee on House Administration. the Social Security Act to reform the Medi- H.R. 4692. A bill to require the President to 6266. A letter from the Acting Director, Of- care SGR payment system for physicians and prepare a quadrennial National Manufac- fice of Sustainable Fisheries, NMFS, Na- to reinstitute and update the Pay-As-You-Go turing Strategy, and for other purposes; to tional Oceanic and Atmospheric Administra- requirement of budget neutrality on new tax the Committee on Energy and Commerce, tion, transmitting the Administration’s final and mandatory spending legislation, en- and in addition to the Committee on the

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Budget, for a period to be subsequently de- By Mr. DONNELLY of Indiana: By Mr. TONKO (for himself, Mr. HARE, termined by the Speaker, in each case for H.R. 4699. A bill to amend the Internal Rev- Mr. HONDA, Ms. NORTON, and Mr. consideration of such provisions as fall with- enue Code of 1986 to extend the deduction for SIRES): in the jurisdiction of the committee con- qualified motor vehicle taxes for motor H.R. 4709. A bill to award planning grants cerned. homes; to the Committee on Ways and and implementation grants to State edu- By Mrs. DAHLKEMPER (for herself, Means. cational agencies to enable the State edu- Mr. BISHOP of Georgia, Mr. By Mr. KAGEN (for himself, Mr. FOS- cational agencies to complete comprehensive GALLEGLY, Mr. BRADY of Pennsyl- TER, Ms. SHEA-PORTER, Mr. BOSWELL, planning to carry out activities designed to vania, Mr. PATRICK J. MURPHY of Mr. LOEBSACK, Mr. PERRIELLO, Mr. integrate engineering education into K-12 in- Pennsylvania, Ms. SCHWARTZ, Mr. BRALEY of Iowa, Mr. LIPINSKI, Mr. struction and curriculum and to provide ALTMIRE, Mr. SHUSTER, Ms. JACKSON KLEIN of Florida, Mr. PERLMUTTER, evaluation grants to measure efficacy of K-12 LEE of Texas, Mr. HOLDEN, and Mr. Mr. DEFAZIO, Mr. HASTINGS of Flor- engineering education; to the Committee on CARNEY): ida, Mr. STUPAK, Mr. COHEN, Ms. PIN- Education and Labor. H.R. 4693. A bill to amend the Internal Rev- GREE of Maine, Mr. WELCH, Ms. By Mr. SKELTON (for himself, Mr. PE- enue Code of 1986 to allow a credit against MCCOLLUM, and Mr. HODES): TERSON, and Mrs. EMERSON): income tax for amounts paid by a spouse of H.R. 4700. A bill to provide for trans- H.J. Res. 76. A joint resolution dis- a member of the Armed Forces for a new parency in health care pricing, and for other approving a rule submitted by the Environ- State license or certification required by purposes; to the Committee on Energy and mental Protection Agency relating to the reason of a permanent change in the duty Commerce, and in addition to the Commit- endangerment finding and the cause or con- station of such member to another State; to tees on Ways and Means, and Oversight and tribute findings for greenhouse gases under the Committee on Ways and Means. Government Reform, for a period to be subsection 202(a) of the Clean Air Act; to the By Ms. SPEIER (for herself, Mr. HIMES, sequently determined by the Speaker, in Committee on Energy and Commerce. Mr. POLIS of Colorado, Mr. GONZALEZ, each case for consideration of such provi- By Mr. COHEN (for himself, Mr. Ms. ESHOO, Ms. ZOE LOFGREN of Cali- sions as fall within the jurisdiction of the BLUMENAUER, Mr. WU, Ms. NORTON, fornia, Ms. CHU, Mr. LYNCH, Mr. committee concerned. Ms. BORDALLO, and Ms. RICHARDSON): HINOJOSA, Mr. BACA, Ms. MOORE of By Mr. ENGEL: Wisconsin, Mr. PERRIELLO, Mr. AL H.R. 4701. A bill to amend the Internal Rev- H. Con. Res. 240. Concurrent resolution ex- GREEN of Texas, Ms. CLARKE, and Mr. enue Code of 1986 to provide relief to certain pressing support for designation of the MOORE of Kansas): married couples who would otherwise be in- fourth week in April as ‘‘National H.R. 4694. A bill to amend the Community eligible for the first-time homebuyer credit; Streetscaping Week’’; to the Committee on Development Banking and Financial Institu- to the Committee on Ways and Means. Transportation and Infrastructure. tions Act of 1994 to provide financial assist- By Mr. FORBES: By Mr. BLUNT (for himself, Mr. AKIN, ance to community development financial H.R. 4702. A bill to amend the Internal Rev- Mr. CARNAHAN, Mr. CLAY, Mr. CLEAV- institutions to help defray the costs of oper- enue Code of 1986 to allow all taxpayers a ER, Mrs. EMERSON, Mr. GRAVES, and ating small dollar loan programs, and for credit against income tax for up to $1,000 of Mr. LUETKEMEYER): other purposes; to the Committee on Finan- charitable contributions; to the Committee H. Con. Res. 241. Concurrent resolution cial Services. on Ways and Means. congratulating Silver Dollar City and By Ms. BORDALLO (for herself, Mr. By Mr. HERGER (for himself, Mr. Herschend Family Entertainment Company ABERCROMBIE, Mr. FALEOMAVAEGA, MCCLINTOCK, Mr. MCKEON, Mr. on the 50th anniversary of the opening of Sil- Mrs. CHRISTENSEN, Mr. HONDA, Mr. GALLEGLY, Mr. HUNTER, Mr. ROHR- ver Dollar City, a turn-of-the-century theme SABLAN, and Mr. PIERLUISI): ABACHER, Mr. CAMPBELL, and Mr. H.R. 4695. A bill to amend title VIII of the park that celebrates the spirit, ingenuity, DANIEL E. LUNGREN of California): Elementary and Secondary Education Act of and artistry of early America; to the Com- 1965 to provide financial assistance to local H.R. 4703. A bill to prohibit the further ex- mittee on Oversight and Government Re- educational agencies that educate alien chil- tension or establishment of national monu- form. dren admitted to the United States as citi- ments in California except by express au- By Mr. AL GREEN of Texas (for him- zens of one of the Freely Associated States; thorization of Congress; to the Committee on self, Mr. PAYNE, Ms. KILPATRICK of to the Committee on Education and Labor. Natural Resources. Michigan, Mr. COHEN, Mr. THOMPSON By Mrs. BACHMANN: By Mr. MASSA: of Mississippi, Ms. RICHARDSON, Mr. H.R. 4696. A bill to expand the availability H.R. 4704. A bill to provide public safety of- CLEAVER, Mr. HONDA, Mr. SIRES, Ms. of health savings accounts, to eliminate re- ficer disability benefits to officers disabled FUDGE, and Mr. PERRIELLO): strictions on the deduction for medical ex- before the enactment of the Federal public H. Con. Res. 242. Concurrent resolution penses, and to provide for cooperative gov- safety officer disability benefits law; to the honoring and praising the National Associa- erning of individual health insurance cov- Committee on the Judiciary. tion for the Advancement of Colored People erage offered in interstate commerce; to the By Mr. MCHENRY (for himself, Mr. on the occasion of its 101st anniversary; to Committee on Energy and Commerce, and in KLINE of Minnesota, Mr. GALLEGLY, the Committee on the Judiciary. addition to the Committee on Ways and Ms. GRANGER, Mr. BRADY of Texas, By Ms. HIRONO (for herself, Mr. ABER- Means, for a period to be subsequently deter- Mr. HENSARLING, Mr. POSEY, Mr. CROMBIE, Mr. FALEOMAVAEGA, Ms. mined by the Speaker, in each case for con- GOHMERT, Mr. LAMBORN, Mr. WAMP, BORDALLO, and Mr. SABLAN): Mr. PRICE of Georgia, Mr. BARTLETT, sideration of such provisions as fall within H. Con. Res. 243. Concurrent resolution au- Mr. MILLER of Florida, and Mr. GAR- the jurisdiction of the committee concerned. thorizing the use of Emancipation Hall in RETT of New Jersey): By Mr. CAO (for himself, Mr. NYE, Mr. the Capitol Visitor Center for an event to H.R. 4705. A bill to require the Secretary of CASSIDY, Mr. TAYLOR, and Mr. celebrate the birthday of King Kamehameha; the Treasury to redesign the face of $50 Fed- POSEY): to the Committee on House Administration. eral reserve notes so as to include a likeness H.R. 4697. A bill to amend the Internal Rev- By Ms. FALLIN (for herself, Mr. of President Ronald Wilson Reagan, and for enue Code of 1986 to exclude from gross in- BOREN, Mr. COLE, Mr. LUCAS, and Mr. other purposes; to the Committee on Finan- come remediation payments for hazardous SULLIVAN): drywall; to the Committee on Ways and cial Services. Means. By Mr. OWENS: H. Res. 1110. A resolution commending the members of the 45th Agri-Business Develop- By Mr. CASTLE (for himself, Mr. DENT, H.R. 4706. A bill to amend the Internal Rev- ment Team of the Oklahoma National Mr. HINCHEY, Mr. HOLT, and Mr. enue Code of 1986 to provide a refundable Guard, for their efforts to modernize agri- SESTAK): credit against income tax to assist individ- H.R. 4698. A bill to direct the Secretary of uals with high residential energy costs; to culture and sustainable farming practices in the Interior to establish a program to build the Committee on Ways and Means. Afghanistan and their dedication and service upon and help coordinate funding for res- By Mr. SCHAUER: to the United States; to the Committee on toration and protection efforts at the Fed- H.R. 4707. A bill to extend the emergency Armed Services. eral, regional, State, and local level for the unemployment compensation program By Ms. MARKEY of Colorado (for her- four-State Delaware Basin, including all of through the end of fiscal year 2010; to the self and Mr. EHLERS): Delaware Bay and portions of Delaware, New Committee on Ways and Means. H. Res. 1111. A resolution designating Jersey, New York, and Pennsylvania, located By Mr. TIAHRT (for himself, Mr. HELL- March 2, 2010, as ‘‘Read Across America in the Delaware River watershed, and for ER, Mr. BILBRAY, Mrs. MYRICK, and Day’’; to the Committee on Education and other purposes; to the Committee on Natural Mr. JONES): Labor. Resources, and in addition to the Committee H.R. 4708. A bill to amend titles XIX and By Mr. THOMPSON of Pennsylvania on Transportation and Infrastructure, for a XXI of the Social Security Act to require (for himself, Mr. SHUSTER, Mr. period to be subsequently determined by the citizenship and immigration verification of HOLDEN, Mr. GERLACH, Mr. DENT, Mr. Speaker, in each case for consideration of eligibility under Medicaid and the State SESTAK, Mr. TIM MURPHY of Pennsyl- such provisions as fall within the jurisdic- Children’s Health Insurance Program; to the vania, Mrs. DAHLKEMPER, and Mr. tion of the committee concerned. Committee on Energy and Commerce. WOLF):

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H. Res. 1112. A resolution congratulating Ohio, Mr. JORDAN of Ohio, Mr. H.R. 1903: Mr. REHBERG. the Pennsylvania State University IFC/Pan- LATOURETTE, Mrs. SCHMIDT, Mr. H.R. 1912: Mr. QUIGLEY, Mr. CAMPBELL, and hellenic Dance Marathon (THON) on its con- LATTA, Ms. SUTTON, Ms. FUDGE, Mr. Mr. DEFAZIO. tinued success in support of the Four Dia- BOCCIERI, Mr. TIBERI, Mr. DRIEHAUS, H.R. 1925: Ms. SLAUGHTER, Ms. JACKSON monds Fund at Penn State Hershey Chil- Mr. AUSTRIA, Mr. BOEHNER, Ms. KIL- LEE of Texas, and Ms. CHU. dren’s Hospital; to the Committee on Edu- ROY, Mr. SPACE, and Mr. KUCINICH): H.R. 1990: Mr. HALL of New York and Mr. cation and Labor. H. Res. 1121. A resolution congratulating EDWARDS of Texas. By Ms. GRANGER (for herself and Mr. Clinton County and the county seat of Wil- H.R. 2014: Mr. HEINRICH and Mr. FORBES. BOREN): mington, Ohio, on the occasion of their bi- H.R. 2021: Mr. REHBERG. H. Res. 1114. A resolution supporting the centennial anniversaries; to the Committee H.R. 2104: Mr. SCHAUER. observance of Colorectal Cancer Awareness on Oversight and Government Reform. H.R. 2112: Mr. ROGERS of Kentucky. Month, and for other purposes; to the Com- H.R. 2262: Mr. KENNEDY and Ms. NORTON. mittee on Energy and Commerce. f H.R. 2478: Mr. CAO. By Mr. HUNTER (for himself, Mr. MEMORIALS H.R. 2480: Mr. MAFFEI. BILBRAY, Ms. ROS-LEHTINEN, Mrs. H.R. 2493: Mr. WILSON of South Carolina DAVIS of California, Mr. ISSA, and Mr. Under clause 4 of rule XXII, memo- and Mr. HOEKSTRA. FILNER): rials were presented and referred as fol- H.R. 2625: Mr. DOGGETT and Mr. BAIRD. H. Res. 1115. A resolution expressing appre- lows: H.R. 2733: Ms. KILPATRICK of Michigan and ciation for the profound dedication and pub- Mr. PATRICK J. MURPHY of Pennsylvania. 232. The SPEAKER presented a memorial H.R. 2766: Mr. FILNER. lic service of Enrique ‘‘Kiki’’ Camarena on of the Senate of the Commonwealth of Puer- the 25th anniversary of his death; to the H.R. 2831: Ms. SHEA-PORTER. to Rico, relative to Senate Resolution 860 H.R. 2849: Mr. WELCH. Committee on the Judiciary. urging the Federal Deposit Insurance Cor- By Ms. LEE of California (for herself, H.R. 2850: Mr. MCGOVERN and Mr. OLVER. poration (FDIC) to show temperance in the H.R. 2906: Mr. ISRAEL. Mr. CARNAHAN, and Mr. BURGESS): application of asset valuation to minority H. Res. 1116. A resolution supporting the H.R. 2941: Mr. KIRK. owned banks; to the Committee on Financial goals and ideals of Multiple Sclerosis Aware- H.R. 2979: Ms. NORTON, Ms. FUDGE, and Mr. Services. ness Week; to the Committee on Energy and FILNER. 233. Also, a memorial of the House of Rep- H.R. 3024: Ms. HERSETH SANDLIN and Mr. Commerce. resentatives of the Commonwealth of Penn- MANZULLO. By Ms. ZOE LOFGREN of California sylvania, relative to House Resolution No. H.R. 3189: Mr. OWENS. (for herself and Mr. HERGER): H. Res. 1117. A resolution commending and 406 urging the Congress of the United States H.R. 3249: Ms. LEE of California, Mr. congratulating the California State Univer- to immediately consider House Resolution FALEOMAVAEGA, and Mr. AL GREEN of Texas. H.R. 3329: Mr. KENNEDY. sity system on the occasion of its 50th anni- No. 2499; to the Committee on Natural Re- H.R. 3339: Mr. MATHESON, Ms. BERKLEY, Mr. versary; to the Committee on Education and sources. DICKS, and Mr. SCHRADER. Labor. f H.R. 3349: Mr. HALL of New York, Mrs. By Mr. MCCAUL (for himself, Ms. ROS- KIRKPATRICK of Arizona, Ms. RICHARDSON, LEHTINEN, Mr. POE of Texas, Mr. ING- ADDITIONAL SPONSORS Mr. WALZ, and Mr. PETERSON. LIS, Mr. ROHRABACHER, Mr. BURTON of Under clause 7 of rule XII, sponsors H.R. 3363: Mr. SULLIVAN. Indiana, Mr. OLSON, Mr. KIRK, Ms. were added to public bills and resolu- H.R. 3380: Mrs. MALONEY, Ms. PINGREE of JACKSON LEE of Texas, Mr. ROYCE, tions as follows: Maine, Ms. KILPATRICK of Michigan, Mr. Mr. SMITH of New Jersey, and Mr. LANGEVIN, Mr. SARBANES, Mr. GALLEGLY, Mr. WOLF): H.R. 43: Ms. ESHOO, Mr. HUNTER, and Mrs. PETERS, Mr. KISSELL, Mrs. MILLER of Michi- H. Res. 1118. A resolution expressing the MCCARTHY of New York. gan, Mr. KENNEDY, Mr. GRAYSON, Mr. CAR- concern of the House of Representatives over H.R. 182: Mrs. MALONEY. NEY, Mr. KAGEN, Mr. STARK, Mr. BILIRAKIS, the Government of Iran’s continued oppres- H.R. 470: Mr. REHBERG. and Mr. ABERCROMBIE. sion of its people and calling on the Adminis- H.R. 476: Mr. ABERCROMBIE. H.R. 3381: Mr. ENGEL. tration to take further measures in support H.R. 482: Ms. WASSERMAN SCHULTZ and Ms. H.R. 3401: Mrs. NAPOLITANO, Mrs. MALONEY, of those oppressed by the current Iranian re- NORTON. and Mr. MORAN of Virginia. gime; to the Committee on Foreign Affairs. H.R. 649: Mr. KLINE of Minnesota. H.R. 3408: Ms. NORTON and Mr. JOHNSON of H.R. 673: Mr. MICHAUD. By Mr. PETERS (for himself, Mr. Georgia. H.R. 675: Mr. MICHAUD. BRADY of Pennsylvania, Mr. INGLIS, H.R. 3502: Mr. TIERNEY, Mr. BOCCIERI, Mr. H.R. 840: Mr. WELCH. Mr. LAMBORN, Mrs. MILLER of Michi- ANDREWS, Mr. FLEMING, and Mrs. LOWEY. H.R. 886: Mr. CARNAHAN, Mr. MCDERMOTT, gan, Mr. ROGERS of Alabama, Mr. H.R. 3526: Mr. HASTINGS of Florida. Ms. SLAUGHTER, Mr. BARTLETT, Ms. LINDA T. SESSIONS, Mr. WILSON of South Caro- H.R. 3571: Mr. MCCLINTOCK. SA´ NCHEZ of California, Mr. TERRY, Mr. lina, Mr. UPTON, Mr. DINGELL, Mr. H.R. 3577: Mr. SESTAK. MCGOVERN, Mr. PETRI, and Mr. PUTNAM. SCHAUER, Mr. MOORE of Kansas, Mr. H.R. 3586: Mr. TIBERI. H.R. 949: Ms. PINGREE of Maine, Mr. DAVIS AL GREEN of Texas, Mr. LATOURETTE, H.R. 3731: Mr. PALLONE, Ms. WOOLSEY, Ms. of Tennessee, Ms. EDDIE BERNICE JOHNSON of Mr. MICHAUD, Ms. SUTTON, Mrs. PINGREE of Maine, Ms. CLARKE, Ms. JACKSON Texas, and Mr. CONYERS. HALVORSON, Ms. PINGREE of Maine, LEE of Texas, Mr. ELLISON, Mr. RAHALL, Mr. H.R. 994: Mr. MARCHANT. Mr. KISSELL, Mr. CAMP, Mr. LARSEN BAIRD, Mr. MEEKS of New York, Mr. H.R. 1074: Mr. MICA and Mrs. MCMORRIS of Washington, Mr. HEINRICH, Mr. CUELLAR, Mr. JACKSON of Illinois, Mr. RODGERS. SCHIFF, Mr. BRIGHT, Mr. KILDEE, Mr. KISSELL, Mr. MCGOVERN, Mr. SHULER, and H.R. 1079: Ms. KILROY and Mr. WALZ. QUIGLEY, Mr. KLEIN of Florida, Mr. Ms. BORDALLO. LEE of New York, Mr. BACHUS, Mr. H.R. 1085: Mr. POMEROY. H.R. 3758: Mr. PATRICK J. MURPHY of Penn- NYE, Mr. MURPHY of New York, Mr. H.R. 1126: Ms. SUTTON and Mr. FATTAH. sylvania. BOCCIERI, Mr. CHANDLER, Mr. AKIN, H.R. 1132: Mr. FRANK of Massachusetts, Mr. H.R. 3851: Mr. SESTAK. Mr. SMITH of Washington, Mr. MASSA, GARY G. MILLER of California, and Mr. SIRES. H.R. 3936: Mr. KAGEN, Mr. TONKO, and Mr. Mr. KRATOVIL, Ms. GIFFORDS, Mr. H.R. 1188: Mr. ADLER of New Jersey and Mr. SPACE. MAFFEI, Mr. ELLSWORTH, Mr. SNYDER, SHIMKUS. H.R. 3955: Mr. BACA. Mr. ADLER of New Jersey, Ms. SHEA- H.R. 1189: Mrs. DAHLKEMPER. H.R. 3995: Mr. MICHAUD. PORTER, Mr. COURTNEY, Ms. LORETTA H.R. 1194: Mr. ELLISON, Mr. SCHOCK, and H.R. 4053: Mr. KILDEE. SANCHEZ of California, and Mr. Mr. WALZ. H.R. 4098: Mr. DAVIS of Illinois and Ms. OWENS): H.R. 1229: Mr. AUSTRIA. CHU. H. Res. 1119. A resolution expressing the H.R. 1240: Mr. GRIFFITH and Mr. GUTIERREZ. H.R. 4133: Mr. POE of Texas, Mr. PAUL, Mr. sense of the House of Representatives that H.R. 1310: Mr. MICHAUD. YOUNG of Alaska, Mr. BURTON of Indiana, Mr. all people in the United States should par- H.R. 1378: Mr. MAFFEI. GRIFFITH, and Mr. WITTMAN. ticipate in a moment of silence to reflect H.R. 1490: Mr. WAXMAN and Mr. CLEAVER. H.R. 4196: Mr. KENNEDY and Mr. RANGEL. upon the service and sacrifice of members of H.R. 1526: Mr. SCHAUER and Mrs. MCCARTHY H.R. 4197: Mr. WELCH. the United States Armed Forces both at of New York. H.R. 4214: Ms. WATERS, Mr. DREIER, Mr. home and abroad; to the Committee on H.R. 1618: Mr. BACHUS. HUNTER, Mr. COSTA, Mr. FILNER, Mrs. DAVIS Armed Services. H.R. 1796: Mr. HIGGINS. of California, and Ms. SPEIER. By Mr. POE of Texas: H.R. 1799: Mr. JORDAN of Ohio and Ms. H.R. 4226: Mr. CARNAHAN, Mr. ISRAEL, Mr. H. Res. 1120. A resolution recognizing the DEGETTE. MCGOVERN, and Mr. ELLISON. 174th anniversary of the independence of the H.R. 1806: Mr. BISHOP of New York, Mr. H.R. 4241: Mrs. MCCARTHY of New York and State of Texas; to the Committee on Over- NADLER of New York, Ms. MARKEY of Colo- Mr. GORDON of Tennessee. sight and Government Reform. rado, and Mr. BISHOP of Georgia. H.R. 4255: Mr. HARE and Mr. GOODLATTE. By Mr. TURNER (for himself, Ms. KAP- H.R. 1826: Mr. BUTTERFIELD. H.R. 4268: Mr. NADLER of New York and Ms. TUR, Mr. RYAN of Ohio, Mr. WILSON of H.R. 1884: Mr. LEWIS of Georgia. LINDA T. SA´ NCHEZ of California.

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H.R. 4296: Ms. RICHARDSON. H.R. 4597: Mr. HARE, Mr. HOLT, and Mr. GREN of California, Mr. KENNEDY, Mr. KIL- H.R. 4301: Mr. HONDA and Mr. TANNER. SARBANES. DEE, Mr. ISSA, Ms. JACKSON LEE of Texas, Mr. H.R. 4302: Mr. WALZ. H.R. 4598: Mr. ADLER of New Jersey, Mr. GUTIERREZ, Mr. GALLEGLY, Mr. ENGEL, Mr. H.R. 4324: Mr. SCHAUER and Mr. COURTNEY. JOHNSON of Georgia, Ms. SUTTON, Ms. FUDGE, CONNOLLY of Virginia, Mr. CARDOZA, Mr. CAL- H.R. 4346: Ms. RICHARDSON. Mr. EHLERS, and Mr. COSTA. VERT, Mr. MCCLINTOCK, Mr. MOLLOHAN, Mr. H.R. 4353: Mr. KIRK. H.R. 4616: Mrs. MALONEY. ORTIZ, Mr. PASTOR of Arizona, Ms. PINGREE H. R. 4392: Mr. ENGEL. H.R. 4638: Mrs. CAPPS. of Maine, Mr. PUTNAM, Mr. RAHALL, Mr. H.R. 4394: Mrs. CHRISTENSEN. H.R. 4645: Mr. FARR, Mr. PAUL, Mr. LARSEN REYES, Mr. SALAZAR, Ms. VELA´ ZQUEZ, Mr. H.R. 4396: Mr. SPACE. of Washington, Mr. EDWARDS of Texas, and WAMP, Mr. THOMPSON of California, and Mr. H.R. 4400: Ms. HIRONO, Mr. WALZ, and Mr. Mr. MATHESON. SIRES. AL GREEN of Texas. H.R. 4650: Mr. CONYERS. H. Res. 1090: Ms. NORTON and Mr. SCOTT of H.R. 4410: Ms. JENKINS and Mr. HOLDEN. H.R. 4653: Mr. DUNCAN, Mr. HOEKSTRA, Mrs. Virginia. H.R. 4446: Ms. FUDGE. EMERSON, Mr. REHBERG, Mr. KING of New H. Res. 1104: Mr. REICHERT. H.R. 4466: Mr. ELLSWORTH and Mr. York, and Mr. MCCOTTER. H. Res. 1107: Mr. SESTAK, Mr. CARTER, Mr. WITTMAN. H.R. 4665: Ms. SLAUGHTER. H.R. 4493: Mr. KILDEE and Ms. HIRONO. SCHIFF, Mr. BERMAN, Ms. FOXX, and Mr. H. Con. Res. 170: Mr. SCALISE and Mrs. H.R. 4494: Mr. HARE and Ms. CORRINE HODES. LUMMIS. BROWN of Florida. H. Con. Res. 231: Mr. SCHOCK. H.R. 4524: Mr. KISSELL. f H. R. 4534: Mr. FARR. H. Res. 311: Ms. CLARKE. H.R. 4538: Ms. ZOE LOFGREN of California. H. Res. 416: Mr. SCOTT of Virginia. H.R. 4539: Ms. LINDA T. SA´ NCHEZ of Cali- H. Res. 440: Mr. WITTMAN. PETITIONS, ETC. fornia. H. Res. 777: Mr. SESTAK. Under clause 1 of rule XXII, petitions H. Res. 855: Mr. OWENS, Mr. WILSON of Ohio, H.R. 4548: Mr. LEE of New York and Mr. and papers were laid on the clerk’s Mr. WOLF, Mr. BILIRAKIS, Mr. RANGEL, Mr. GARY G. MILLER of California. desk and referred as follows: H.R. 4553: Mr. MANZULLO and Mr. MAFFEI. CALVERT, Mr. NUNES, Ms. JENKINS, Mr. ROG- H.R. 4556: Mr. INGLIS, Mr. BONNER, Mr. ERS of Alabama, and Mr. SPRATT. 103. The SPEAKER presented a petition of LOBIONDO, and Mr. BURGESS. H. Res. 857: Mr. LUCAS. Town of Parma, New York, relative to Reso- H.R. 4558: Mr. CONYERS, Mr. EHLERS, Mr. H. Res. 992: Mr. COFFMAN of Colorado and lution No. 279-2009 urging Congress to pass SCHAUER, and Mr. MCCOTTER. Mr. LAMBORN. the Community Choice Act; to the Com- H.R. 4564: Mr. FILNER, Ms. MATSUI, Mr. H. Res. 1018: Mr. TIERNEY. mittee on Energy and Commerce. GARAMENDI, Mr. HONDA, Ms. WATSON, Ms. H. Res. 1055: Mr. WAMP and Mr. POLIS of 104. Also, a petition of Court of Common HARMAN, Ms. WOOLSEY, Mr. BECERRA, Mr. Colorado. Council, Hartford, Connecticut, relative to GRAYSON, Mr. NADLER of New York, Ms. WA- H. Res. 1075: Mrs. DAHLKEMPER. supporting the Sustain Communities Act (S. TERS, Mr. THOMPSON of California, Mr. SAR- H. Res. 1078: Mr. SCHIFF, Mr. BILIRAKIS, Mr. 1619); jointly to the Committees on Energy BANES, Mr. KILDEE, Mr. PRICE of North Caro- WILSON of South Carolina, Ms. ROYBAL-AL- and Commerce, Financial Services, and lina, Mr. CARSON of Indiana, Ms. ZOE LARD, and Mr. HUNTER. Transportation and Infrastructure. LOFGREN of California, Ms. SPEIER, Mr. H. Res. 1079: Mr. GERLACH. 105. Also, a petition of Board of Super- FALEOMAVAEGA, Mr. SABLAN, Mr. ABER- H. Res. 1080: Mr. CONAWAY and Mr. SABLAN. visors of the City and County of San Fran- CROMBIE, Mr. AL GREEN of Texas, Ms. LEE of H. Res. 1081: Mr. RUSH and Mr. BRADY of cisco, California, relative to supporting H.R. California, Mr. LUJ´AN, Mr. GRIJALVA, Mr. Pennsylvania. 1064 and S. 435, the Youth Prison Reduction KIND, Mr. WELCH, Mr. SHERMAN, and Mr. H. Res. 1086: Mr. MARSHALL, Mr. through Opportunities, Mentoring, Interven- KLEIN of Florida. GARAMENDI, Mr. ABERCROMBIE, Mr. ARCURI, tion, Support, and Education Act (Youth H.R. 4568: Mr. HEINRICH and Mr. MCCOTTER. Mr. BECERRA, Mr. BOCCIERI, Ms. MATSUI, Mr. PROMISE Act); jointly to the Committees H.R. 4581: Mr. CASTLE and Mr. KING of New GARY G. MILLER of California, Mr. LEWIS of on the Judiciary, Education and Labor, En- York. California, Mr. LUJ´AN, Mr. DANIEL E. LUN- ergy and Commerce, and Financial Services.

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Vol. 156 WASHINGTON, THURSDAY, FEBRUARY 25, 2010 No. 25 Senate The Senate met at 10 a.m. and was to the Senate from the President pro SCHEDULE called to order by the Honorable tempore (Mr. BYRD). Mr. CASEY. Madam President, KIRSTEN E. GILLIBRAND, a Senator from The legislative clerk read the fol- today, the Senate will resume consider- the State of New York. lowing letter: ation of the House message with re- U.S. SENATE, spect to H.R. 1299, the legislative vehi- PRAYER PRESIDENT PRO TEMPORE, cle for the Travel Promotion Act. Yes- The PRESIDING OFFICER. Today’s Washington, DC, February 25, 2010. terday, the majority leader filed clo- opening prayer will be offered by guest To the Senate: ture on the motion to concur. That Under the provisions of rule I, paragraph 3, vote will occur tomorrow morning, un- Chaplain Rev. Benny Tate, senior pas- of the Standing Rules of the Senate, I hereby tor of Rock Springs Church in Milner, appoint the Honorable KIRSTEN E. less we are able to reach an agreement GA. GILLIBRAND, a Senator from the State of New to vote today. The guest Chaplain offered the fol- York, to perform the duties of the Chair. In addition, we are also working on lowing prayer: ROBERT C. BYRD, an agreement to consider a bill that Let us pray. President pro tempore. would extend certain expiring tax pro- Our Heavenly Father, we bow our Mrs. GILLIBRAND thereupon as- visions for 30 days. If we are able to heads in Your presence. The Bible sumed the chair as Acting President reach an agreement, we could see votes teaches us, ‘‘Behold how good it is for pro tempore. on that after 4 p.m. There will be no brethren to dwell together in unity, be- f rollcall votes prior to 4 p.m. to allow Senators to attend the health care cause a House divided will not stand.’’ RESERVATION OF LEADER TIME May Your servants in this body not summit with the President of the look to parties, personalities, pref- The ACTING PRESIDENT pro tem- United States. erences or press, but may they focus on pore. Under the previous order, the The ACTING PRESIDENT pro tem- principles and people. leadership time is reserved. pore. The Senator from Georgia is rec- God, we call our Senators politicians, f ognized. but You call them ministers in the UNITED STATES CAPITOL POLICE GUEST CHAPLAIN DR. BENNY TATE Bible. May all 100 Members of this body ADMINISTRATIVE TECHNICAL Mr. CHAMBLISS. Madam President, make full proof of their ministry. I ask CORRECTIONS ACT OF 2009 I rise this morning to thank our distinguished guest Chaplain, Dr. Benny for Your guidance on their decisions The ACTING PRESIDENT pro tem- Tate, of Milner, GA, who has brought and Your grace on their families. Keep pore. Under the previous order, the us an inspirational message with which every one of them close and clean, Senate will resume consideration of to begin our day. being accountable to You. the House message with respect to H.R. Dr. Tate is the senior pastor of Rock We ask for protection for our men 1299, which the clerk will report. Springs Church in Milner, GA, and has and women who so bravely protect us The legislative clerk read as follows: served his congregation well for 20 all over our world. We pray respecting A House message to accompany H.R. 1299, all faiths, but pray this prayer in the an Act making technical corrections to the years. When Dr. Tate began preaching Name of the Lord Jesus Christ. Amen. laws affecting certain administrative au- at Rock Springs Church, only 20 people came to worship on a given Sunday. f thorities of the United States Capitol Police, and for other purposes. Today, Dr. Benny Tate preaches to PLEDGE OF ALLEGIANCE Pending: more than 4,000 people on any given The Honorable KIRSTEN E. Reid amendment No. 3326 (to the House Sunday. Rock Springs Church is now GILLIBRAND led the Pledge of Alle- amendment to the Senate amendment), to the largest church in the Congrega- giance, as follows: change the enactment date. tional Methodist denomination. Reid amendment No. 3327 (to amendment I pledge allegiance to the Flag of the Dr. Tate is the kind of pastor who No. 3326), of a perfecting nature. United States of America, and to the Repub- finds creative ways to go out to the Reid amendment No. 3328, to provide for a community and spread the word of lic for which it stands, one nation under God, study. indivisible, with liberty and justice for all. Reid amendment No. 3329 of a perfecting God. He hosts the ‘‘Apples of Gold’’ f nature. radio program, reaching out to central Reid amendment No. 3330 (to amendment Georgians through 15 radio stations. APPOINTMENT OF ACTING No. 3329), of a perfecting nature. He has worked with local civic orga- PRESIDENT PRO TEMPORE The ACTING PRESIDENT pro tem- nizations, leading his flock by example. The PRESIDING OFFICER. The pore. The Senator from Pennsylvania He served as the Chappell Mill Fire clerk will please read a communication is recognized. Station Chaplain and as a Georgia

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

S757

VerDate Nov 24 2008 03:36 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\RECORD10\S25FE0.REC S25FE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S758 CONGRESSIONAL RECORD — SENATE February 25, 2010 Youth Camp board member, just to I know that representatives of our po- we know there was more talk about bi- name a couple of his activities. He has litical parties are there, along with the partisanship. But instead of working also written three books as well as President. They are talking about together to solve these problems, bi- pieces for the local Griffin Daily News. something that is very near and dear partisanship has so often translated One of his books has been read by to all of our hearts, and that is how to into: Take it or leave it; if we can do both my wife and myself and has a very bring down the costs of health care this strictly with a majority party unique and very appropriate title which is priced out of the reach of vote, we will. called ‘‘Happy Wife, Happy Life.’’ All of many of the American people, includ- That is what happened on Christmas us males have a great appreciation for ing too many in my State of Texas. Eve. I remember that 7 a.m. vote on that title. Unfortunately, sometimes in Wash- Christmas Eve when 60 Senators on the I have had the privilege of attending ington what happens is, you see what is other side voted to pass a health care Dr. Benny Tate’s church on many occa- happening on TV or what is happening bill that the American people have sions. I have always found Rock on the floor of the Senate, and it looks simply said in poll after poll they do Springs Church to be a very holy, spir- like one thing. Then you find out that not want. Of course, now we see the it-filled church. behind the scenes something very dif- White House repackaging an unpopular Dr. Tate has a very unique way of ferent is happening. What I am speak- House bill with an unpopular Senate spreading the gospel in a manner that ing about in particular is, in contrast bill and posting 11 pages on the White is mixed with humor and yet direct, to a bipartisan summit on health care, House Web site and claiming this is personal feelings and the word of the my understanding is there are efforts somehow a package that is sacrosanct Holy Spirit and the message that Jesus underway on the part of the staff of the and cannot be touched. But in no sense Christ gives to him. In short, he has ef- majority party to consider the use of could it possibly be considered a bipar- fected positive changes in the church reconciliation to try to pass an un- tisan piece of legislation. To only let and the community through his out- popular health care bill with 51 votes the majority party say: Well, this is reach. We appreciate his efforts and his on a party-line basis. the basic template, and you can tweak words of worship this morning, and I I think that contrast between what it around the edges but you cannot am very pleased to have my dear people are seeing on TV and what is ac- change any part of it—that is not bi- friend, Dr. Benny Tate, with us today. tually happening behind the scenes is partisanship. I yield the floor and I suggest the ab- pretty telling. I would say it is dis- So now after the election of Senator sence of a quorum. appointing because I think health care SCOTT BROWN, who campaigned on the The ACTING PRESIDENT pro tem- reform is too important. It affects one- pledge that he would be the 41st vote to pore. The clerk will call the roll. sixth of our economy. It affects 300 mil- defeat the Senate health care bill be- The legislative clerk proceeded to lion Americans. It is simply too signifi- cause of its spending, its raising taxes, call the roll. cant a step to take to try to do so and its raising premiums on people strictly along partisan party lines. Mr. KAUFMAN. Madam President, I with insurance, its taking $1⁄2 trillion So while it is true that reconciliation ask unanimous consent that the order from Medicare—already another fis- has been used in the past, it has never for the quorum call be rescinded. cally unsustainable entitlement pro- been used for anything such as this. The ACTING PRESIDENT pro tem- gram, with $38 trillion in unfunded li- This would be unprecedented. I think it pore. Without objection, it is so or- abilities—to create yet another entitle- would be an act of defiance toward the dered. ment program, the people of Massachu- American people who overwhelmingly Mr. KAUFMAN. Madam President, I setts sent Senator SCOTT BROWN here ask unanimous consent to speak as in disapprove of this legislation. There is no doubt that we need to stop the health care bill that they morning business for up to 5 minutes. health care reform. Premiums have don’t want. The ACTING PRESIDENT pro tem- more than doubled over the last dec- Now we find the majority party pore. Without objection, it is so or- ade. Medicare, which provides access to wanting to use reconciliation, a dered. health care for our seniors, has a $38 hyperpartisan tactic, to ram a bill (The remarks of Mr. KAUFMAN are trillion unfunded liability which trans- through that the American people have printed in today’s RECORD under lates into an IOU for every American rejected, most recently in Massachu- ‘‘Morning Business.’’) family in the amount of $325,000. setts. If we are talking about trying to Mr. KAUFMAN. Madam President, I If we heard anything out of the re- regain the public’s confidence, not only yield the floor and suggest the absence cent election in Massachusetts, I think is bipartisanship important in terms of of a quorum. it is that the American people think bringing solutions to health care but The ACTING PRESIDENT pro tem- there is too much spending and too transparency is crucial when we are pore. The clerk will call the roll. much borrowing taking place in Wash- talking about something so big that af- The legislative clerk proceeded to ington, DC; too many responsibilities, fects so many. call the roll. such as this unfunded Medicare liabil- You will remember in 2008 when Mr. CORNYN. Madam President, I ity, that are simply not being met. President Obama was Senator Obama ask unanimous consent that the order We know Medicaid continues to be running for President of the United for the quorum call be rescinded. problematic in not providing access to States, he promised to broadcast nego- The ACTING PRESIDENT pro tem- enough low-income people who are os- tiations on C–SPAN for the American pore. Without objection, it is so or- tensibly beneficiaries of Medicaid. In people to see who was arguing on their dered. the Metroplex in Texas, Dallas-Fort behalf and who was not. Mr. CORNYN. Madam President, I Worth, only 38 percent of doctors will In stark contrast, again, between wish to speak as in morning business, see a new Medicaid patient because re- what was said then and what was actu- and I ask unanimous consent to do so. imbursement rates are so low. That is ally done, we saw the White House cut- The ACTING PRESIDENT pro tem- not keeping the promise of access. It is, ting deals with special interest groups, pore. Without objection, it is so or- unfortunately, too much like appearing such as the pharmaceutical industry. dered. to do one thing on the one hand and ac- We saw individual Senators demand HEALTH CARE REFORM tually delivering something far dif- and get special deals for their States as Mr. CORNYN. Madam President, as ferent on the other hand. a condition to giving their votes to are many of us, I have been watching I think everyone agrees we need to pass that bill. with great interest the bipartisan solve these important problems. But As much as anything else in the bill, health care summit that is being how we go about solving the problem is I think the way the bill was passed broadcast on television. I am happy important to maintaining the con- with the sweetheart deals, secret nego- there is a bipartisan meeting at the fidence and trust of the American peo- tiations, and lack of transparency White House to discuss health care re- ple. I think bipartisanship on this sub- turned the American people off to form. The practicalities are that only ject is absolutely crucial. these health care bills. I know the 38 of the 535 Members of Congress can After Massachusetts sent our newest President said that after his election participate directly in the summit, but Senator, SCOTT BROWN, to Washington, Washington would not be business as

VerDate Nov 24 2008 03:36 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\RECORD10\S25FE0.REC S25FE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE February 25, 2010 CONGRESSIONAL RECORD — SENATE S759 usual. Unfortunately, it has been, and under the President’s proposal will cost tinue to increase by 5 to 6 percent a the American people don’t like it. Texas taxpayers an additional $24.3 bil- year. This subject—health care reform—is lion over the next 10 years. That $24.3 I thought health care reform was too big and too important and too cost- billion is an unfunded mandate that is about bringing down the cost and mak- ly to do through sweetheart deals, contained in this bill. ing it more affordable, ‘‘bending the backroom negotiations, and with utter Where does that money come from? cost curve,’’ to use the jargon that has disregard for transparency. The Amer- Well, too often—I think some of our been used here time after time over the ican people are smarter than I think former Governors will tell you that last year and a half. But we find out many folks in Washington, DC, give what happens is, that is money that that for those in the individual mar- them credit for because they know this has to be used for an unfunded mandate ket, premiums will go up 10 to 13 per- health care proposal is not lasting re- from the Federal Government that cent. For those in the larger employer form, and it simply would not work as comes from education, higher edu- market, it will go up 5 to 6 percent. It advertised. cation budgets, law enforcement budg- will not bend the cost curve down. It The White House proposal will still ets, and other State priorities. It is will either be ineffective at all and increase premiums on American fami- simply irresponsible for Congress to keep premiums basically where they lies; that is, if you have health insur- force on State taxpayers this responsi- would have been anyway or it will ance now, this White House proposal, bility to pay for this unfunded mandate make it worse. an amalgam of the Senate and House when there are other priorities the Then there is the gamesmanship in bills, will raise your insurance pre- States have chosen that they think are how it deals with the budget deficit. miums because of costly Federal Gov- important—things such as education, Here is what CBO said about the bill’s ernment mandates. But this White as I mentioned, and law enforcement. impact on the budget deficit: House bill does one thing the Senate The unfunded mandate in this bill is Washington budget gimmicks allow the bill did not. It actually spends $75 bil- simply unacceptable. The Wall Street White House to pretend the bills reduce the lion more than the Senate bill that deficit by $132 billion, which is a fraction of Journal summed up the President’s Washington’s $1.3 trillion budget deficit. passed this body on Christmas Eve, at proposal this way: Americans don’t believe ‘‘reducing 7 a.m. It manages to take the worst of both the The White House bill does share some the deficit’’ is possible at the same House and Senate bills and combine them time we are spending $2.5 trillion over common elements with the Senate pro- into something more destructive. . . . posal. It still cuts nearly $500 billion It includes more taxes, more subsidies, and the next 10 years, and they are right. It from Medicare to create a new entitle- even less cost control than the Senate bill. is easy to pretend we are reducing the ment program, including a program And it purports to fix the special interest deficit when we are raising taxes by that is very popular in my State called favors in the Senate bill not by eliminating $500 billion and taking another $500 bil- Medicare Advantage, which gives sen- them—but by expanding them to everyone. lion from Medicare in order to pay for this program. iors access to more choices and the We know the furor it caused across The Obama administration’s own ac- quality care they like. Rather than the country when some Senators were able to negotiate more favorable Med- tuaries have worried that future Con- allow them to continue to keep that gresses would not let the $500 billion in Medicare benefit, this proposal, the icaid reimbursements than the rest of the country and when everybody found Medicare cuts happen. In other words, White House bill—like the Senate the bills spend now but would not pay bill—would cut $500 billion from Medi- out those who were not in those favored States would end up paying for later. care, including Medicare Advantage. I assume the majority leader will those special favors that were nec- The basic problem, again, is that we bring up the doc fix sometime soon be- essary in order to get 60 votes. This bill call this ‘‘health care reform,’’ but the cause he needs to. The 23-percent cut in doesn’t repeal those; it simply expands health care bill offers no long-term reimbursement rates for doctors who them to everybody, vastly increasing plan for the Medicare Program’s sol- don’t take Medicare patients is not the cost of this legislation and making vency—in other words, that $38 trillion taken care of in this bill, and it should it even worse, not better. I mentioned a moment ago. This actu- be. If this is really about health care The President and his congressional ally makes it worse by taking another reform, shouldn’t it be making sure $1⁄2 trillion out of Medicare and makes allies who support this legislation seem that our seniors on Medicare have ac- things worse, not better, when it comes to think the only reason the American cess to doctors and that they can actu- to the program’s long-term solvency. I people oppose these bills is ‘‘misin- ally find a doctor who will see them? If simply think the choice the President formation.’’ I suggest we simply look you cut 23 percent in the doctor reim- has made, and that the Senate and at the facts—in this case straight from bursement rates, which is where we are House health care bills have made, to the Congressional Budget Office—and headed now, they are not going to have force millions of low-income people see what they, the official scorekeeper access to doctors. onto Medicaid is simply not right, giv- for Congress, have to say about these Here is what the Obama administra- ing them no choices but a government- pieces of legislation. tion’s own experts say about the cost run program which, as I mentioned ear- The CBO said premiums for those curve. The Senate bill, they say, will lier, denies them access too many who have health insurance of some increase overall American health care times to a doctor because they cannot kind—85 percent of the American peo- expenditures by $222 billion. find a doctor who will see patients and ple—whether it is through government It will not bend the cost curve down. accept government rates for Medicaid programs like Medicare, the VA, or the It will actually bend it up, making reimbursements. like, but those who have private insur- things worse, not better. I mentioned the 38-percent figure in ance, their premiums will go up by 10 The American people have been pret- the Metroplex of Dallas-Fort Worth. to 13 percent or an average of $2,100 for ty smart about this. They have been Only 38 percent of the doctors there families buying policies on their own. more engaged, better informed on this will see these patients because of the That is in the individual market where subject than I have seen in a long time. rates. Yet these health care bills force most small businesses and individuals Of course, health care reform is a very millions of people onto that program have to shop for their insurance. Their complicated area. But they have gotten along with, in the process, promising health insurance premiums will go up very well informed about it. They want them access to care but then not deliv- an average of $2,100 a family or 10 to 13 lasting reform that will lower costs. ering as advertised. percent. Here is what we know works to lower Then there is this problem. As you No wonder the more people learn costs, but this is not something that is know, the Medicaid Program—the cost about this legislation the less popular in the President’s bill and, apparently, of that is borne by the Federal Govern- it becomes, and individuals who get not something the majority party is ment and the State governments. In health care through small businesses even willing to consider. If they did, I my State alone, the health and human or larger employers, which is 83 per- submit this would be a big step forward services commission in Texas esti- cent of Americans, will see the status to bending the cost curve down, mak- mates that the expansion of Medicaid quo. They will see their premiums con- ing health care more affordable, and

VerDate Nov 24 2008 03:36 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\RECORD10\S25FE0.REC S25FE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S760 CONGRESSIONAL RECORD — SENATE February 25, 2010 yield a bipartisan product the Amer- if Republicans and Democrats can work Mr. INHOFE. I suggest the absence of ican people could support. together, we can achieve it. On some- a quorum. I believe we need to give control over thing as big and important and as cost- The ACTING PRESIDENT pro tem- health care dollars to patients, not to ly as this, we need to do it on a bipar- pore. The clerk will call the roll. Washington bureaucrats or to insur- tisan basis. It needs to be transparent. The bill clerk proceeded to call the ance company bureaucrats either. The It needs to be devoid of special interest roll. American Academy of Actuaries found deals and secret negotiations and done Mr. CASEY. Madam President, I ask that consumer-driven health care plans out in the open where people can see it unanimous consent that the order for have saved as much as 12 to 20 percent and trust it for what it is. the quorum call be rescinded. in health care premiums—12 to 20 per- We have to reject purported solutions cent. That is a lot. that will do nothing but increase The PRESIDING OFFICER (Mrs. Then, of course, there is a practice of spending, increase taxes, and increase HAGAN.) Without objection, it is so or- defensive medicine, ending lawsuit premiums. We need to start over and dered. abuse which would save $54 billion over implement commonsense steps that AMERICAN HIKERS HELD IN IRAN the next 10 years, according to the will lower costs. Mr. CASEY. Madam President, I rise CBO. I yield the floor. today to discuss the ongoing imprison- We also support allowing small busi- The ACTING PRESIDENT pro tem- ment of three young Americans—Josh- nesses to pool together such as big pore. The Senator from New Mexico is ua Fattal from Pennsylvania and two companies do to pool their risks to recognized. other Americans who have been in pris- help bring down premium costs. Ac- Mr. UDALL of New Mexico. I thank on in Iran with him, Sarah Shourd and cording to the Congressional Budget the Chair. Shane Bauer. These are three Ameri- Office, this would lower premiums for (The remarks of Mr. UDALL of New cans who have now spent more than 7 small businesses by 2 to 3 percent— Mexico pertaining to the introduction months in solitary confinement in that is not a huge amount, but I am of S. 3039 are printed in today’s RECORD Iran’s Evin Prison for allegedly cross- sure they will tell you every little bit under ‘‘Statements on Introduced Bills ing a poorly marked border, the border helps—and in conjunction with these and Joint Resolutions.’’) between Iran and Iraq. Mr. UDALL of New Mexico. Madam other reforms would have a real, mean- Since their detention along the Iran- President, I suggest the absence of a ingful impact in terms of bringing Iraq border on July 31, 2009, the Iranian quorum. down health care costs. Government has refused requests from I also support and our side of the The ACTING PRESIDENT pro tem- their attorney for visits. The Govern- aisle supports allowing Americans to pore. The clerk will call the roll. ment of Iran has delayed due process purchase health insurance from any The assistant legislative clerk pro- and rejected requests from family State they want to, and that would cre- ceeded to call the roll. members to call or visit them. The Ira- ate national competition. It would Mr. UDALL of New Mexico. Madam nian regime has also delayed requests allow people to buy policies they can President, I ask unanimous consent for Iranian visas for the families and afford that suited their family’s needs that the order for the quorum call be stonewalled the Swiss Embassy’s at- rather than those loaded with State rescinded. tempt to carry out diplomatic visits. government mandates with no choices, The ACTING PRESIDENT pro tem- which would result in higher costs. pore. Without objection, it is so or- The longer the detainment of these If Congress would allow Americans to dered. young Americans continues, the more purchase their health insurance in any ORDER FOR RECESS clear it becomes to the international State they choose and thereby increas- Mr. UDALL of New Mexico. Madam community that the Iranian Govern- ing competition, the Congressional President, I ask unanimous consent ment, the Iranian regime, is engaged in Budget Office says the cost of their that the Senate stand in recess from political games rather than seeking to health care premiums would go down 12:30 to 2 p.m. today. grant them a fair and timely judicial by 5 percent. The ACTING PRESIDENT pro tem- process. On this basis, I request that Clearly, competition, transparency, pore. Without objection, it is so or- Supreme Leader Khamenei, President keeping the power in the hands of the dered. Ahmadinejad, Judiciary Chief Larijani, consumer not in government are some Mr. UDALL of New Mexico. Madam and other Iranian officials make the of the things that would lower the President, I suggest the absence of a humane and just decision to release costs, not cause them to go up. Are quorum. Josh, Sarah, and Shane immediately. these part of the bipartisan health The ACTING PRESIDENT pro tem- Keeping these three innocent Ameri- summit at the White House? Unfortu- pore. The clerk will call the roll. cans in prison without due process vio- nately, apparently not. The assistant legislative clerk pro- lates the international human rights I would also support—and I think ceeded to call the roll. standards as well as Iran’s own laws. It there would be a lot of support on a bi- Mr. INHOFE. Madam President, I ask has been more than 2 months since partisan basis—giving Medicaid pa- unanimous consent the order for the Foreign Minister Motaki claimed they tients, the ones who cannot find doc- quorum call be rescinded. would be tried in court. Yet no trial tors because of low reimbursement The ACTING PRESIDENT pro tem- date has been set. According to Iranian rates, premium assistance; that is, to pore. Without objection, it is so or- law, no detainee can be held tempo- supplement what they can pay so they dered. rarily for more than 4 months; thus, ju- can buy private sector coverage which Mr. INHOFE. Madam President, this diciary officials must either schedule a pays doctors at more of a level they afternoon it is my understanding we court hearing or set the three young would accept in terms of seeing those are going to have one more vote. It is Americans free. The only conclusion Medicaid patients. Providing Medicaid going to be on the Travel Promotion the international community can draw premium assistance rather than forc- Act. I have opposed this in the past. I from the Iranian Government’s words ing people onto a Medicaid Program have already voted against it three and actions is that they intend to keep that is dysfunctional and does not times. I am not going to hang here and these three young Americans in limbo work would be an improvement, and waste the whole day just to vote for domestic or foreign policy aims. It you could do it cheaper. According to against it a fourth time. has nothing to do with the actions or CBO, this would reduce Federal spend- I ask unanimous consent that I make intentions of these three American ing by $12 billion over 10 years. a very brief statement and it be printed tourists who were simply admiring the My conclusion from all this is, the in the RECORD immediately following natural beauty of the Kurdish moun- American people want us to start over. the vote that takes place this after- tains near the Iran-Iraq border. The We need lasting health care reform. I noon. world is a much worse off place when have offered some concrete suggestions The ACTING PRESIDENT pro tem- idealism, especially held by innocent on how we could lower the costs and pore. Without objection, it is so or- young people, is squashed by cynical make it more affordable. I believe that dered. politics.

VerDate Nov 24 2008 03:36 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\RECORD10\S25FE0.REC S25FE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE February 25, 2010 CONGRESSIONAL RECORD — SENATE S761 Among ancient Persia’s greatest leg- fault of their own, that we do some- have the help we can provide, you also acies is a transparent and efficient jus- thing to help them in the next couple help our economy literally by jump tice system. Innocent people do not ap- of days to get through the next couple starting spending. pear on the court docket. We ask the of weeks, literally, with unemployment We know that in the past couple of Iranian Government—we ask them to insurance, COBRA health insurance, days we passed the jobs bill, the HIRE send the world the unambiguous mes- and so many other ways. Act, a good piece of legislation for sage that transparent, timely, and fair We should note that the eligibility small business, for economic vitality judicial processes remain a cornerstone for emergency unemployment com- but also for preserving and creating of Iranian civilization. Keeping Josh, pensation and for COBRA—known as lots of jobs. That jobs bill is not Sarah, and Shane indefinitely in soli- COBRA premium assistance, really enough. We have to pass these safety tary confinement and without access health insurance for the unemployed— net provisions on unemployment and to legal counsel or their families is un- that both of those will expire this Sun- COBRA health benefits. We also have just and is sure to color the visions of day, February 28. If an extension of the to put more job creation strategies on Iranian society for young people the unemployment programs authorized by the table and get bills passed to create world over. the Recovery Act is not passed, 1.2 mil- more jobs. The recovery bill is still Do not make Josh, Sarah, Shane, and lion workers will lose their unemploy- having an effect, still having a tremen- their desperately concerned parents ment benefits by the end of March. So dous impact in Pennsylvania, with still wait another day before being reunited. we have to act now to prevent that a whole year left of spending and bene- Supreme Leader Khamenei, release from happening. It is unfortunate that fits of that spending in Pennsylvania these young hikers now. it seems there is only an agreement to and other States. UNEMPLOYMENT keep extending it from December to I see Senator SPECTER is with us. He Madam President, in addition to February, then from February into and I have seen that up close in Penn- those remarks about those young March or the end of March. We should sylvania, a tremendous impact already, Americans, I want to talk for a few extend it a lot further than that. but there is still more to do on the re- minutes about unemployment and Maybe we will have an opportunity to covery bill he voted for under great what is happening, certainly across the do that. But, at a minimum, we have to pressure not to vote for it. Thank good- country but in particular in the Com- make sure unemployment insurance is ness he did. Without his vote, that bill monwealth of Pennsylvania. We have extended and COBRA health insurance would not have passed. Millions of 560,000 people out of work right now in is extended. There are other reasons to Americans’ lives would be adversely Pennsylvania. Our rate is lower than a do that as well. The most important impacted if we did not pass the Recov- lot of places, but we still have that reason is the people who will be posi- ery and Reinvestment Act of 2009. We many people out of work, a very high tively impacted by those actions. have a long way to go, more work to do number—maybe not historic but close An extension of the federally funded across the country and to have a posi- to a historically high number, 560,000 unemployment compensation and tive impact on Pennsylvania. Pennsylvanians. COBRA programs through December One concluding thought. When you There are lots of ways to try to un- 31, 2010—what we should do is extend it look at Pennsylvania, we might have a derstand what people are going that far. They are necessary for a num- lower rate than a lot of States but we through and try to get a sense of what ber of reasons. State labor departments do have 560,000 people out of work. Un- people are living through. I had a will not be under pressure to con- fortunately, more and more we are see- chance a couple of weeks ago to sit stantly update their systems and in- ing in different labor markets, such as with 8 of those 560,000 people in what is form constituents of changes in na- the Erie labor market, which is at 10 called a career link, a job center in tional law. We should give them the percent, the Lehigh Valley, Allentown, Pennsylvania where people are filling kind of certainty and predictability Bethlehem, and Easton at 9.8 percent, out scores of applications, applying for that they have a right to expect, cer- northeastern Pennsylvania, my home jobs. In the case of these eight individ- tainly the State government officials area, at 9.7 percent—even though our uals, they are all over the age of 50 and but more importantly, the families and rate has not yet hit statewide 9 per- many are over the age of 60 and 70— affected persons who are recently laid cent, we are seeing in different pockets some of the worst situations for those off—not constantly be reminded that that number going up. We have to con- who are in that age bracket, who their unemployment benefits may run tinue to put job creation strategies in worked for years, 20, 30 years at one job out sooner than expected. This is espe- the pipeline, continue to have the re- and did it very well, and now, through cially true at a time when there are six covery act have an even more positive no fault of their own, are out of work. applicants for every one job. impact. And thirdly, we need to make Listening to their stories gave me a It is important to take action on un- sure we pass the safety net provisions. better insight into what people are up employment insurance and COBRA I yield the floor and suggest the ab- against every day. A number of com- health insurance coverage for a third sence of a quorum. ments were significant and relevant reason as well. The PRESIDING OFFICER. The and poignant, but one in particular by At a time when millions of people clerk will call the roll. a woman by the name of Debi who said don’t have health care coverage, failure The bill clerk proceeded to call the something very simple but telling to provide an adequate safety net to roll. about what is in her heart and what ensure people have affordable health Mr. SPECTER. I ask unanimous con- she is living through—she said simply: insurance coverage will only add to the sent that the order for the quorum call We just want to get back to work. That rolls of the uninsured in the midst of be rescinded. is a very simple statement, but I think this debate on health care. The PRESIDING OFFICER. Without that is on the minds of a lot of Ameri- Two other points before I conclude. objection, it is so ordered. cans who are out of work, and their According to the CBO, which we keep Mr. SPECTER. Madam President, I family members. They just want to get quoting in the health care debate and have sought recognition to talk briefly back to work. in many others, for every $1 spent on about two subjects: a recent CODEL They also want to see that Wash- unemployment insurance benefits, up where I participated and, secondly, on ington is not just legislating—that is to $1.90 is contributed to the gross na- the passing of a beloved staff member. obviously important, and I will talk a tional product. This is further evi- I ask unanimous consent that the time little bit more about that in a mo- dence, in addition to what I and many for business be extended until 12:45. ment—but that we are trying to under- others have quoted—Mark Sandy from The PRESIDING OFFICER. Without stand what they are up against. They moodys.com—you spend a buck on un- objection, it is so ordered. do want to get back to work. It is that employment insurance or COBRA bene- FOREIGN TRAVEL simple. One of the ways we can do that fits and/or food stamps, all of those Mr. SPECTER. Madam President, is by making sure those who are out of safety net provisions to help workers from December 28 to January 7, I par- work, those something like 15 million who lost their job, you not only help ticipated on a congressional delegation Americans out of work through no someone who needs help and should which visited in Cypress, Syria, India,

VerDate Nov 24 2008 03:36 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\RECORD10\S25FE0.REC S25FE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S762 CONGRESSIONAL RECORD — SENATE February 25, 2010 Afghanistan, and Morocco, and have U.S. military. He never could quite de- Secretary of State Hillary Clinton submitted a lengthy report, which is fine what ‘‘adequate’’ was, but he said testified yesterday before the Foreign my practice. U.S. forces would have to stay for an- Operations Subcommittee, and I asked I ask unanimous consent that the other 10 years. her if she would consider a rec- full text of that report be printed in More recently, in the intervening ommendation to have the President the RECORD at the end of my remarks. weeks, the war there has shaped up. We call the Israeli leaders, Prime Minister The PRESIDING OFFICER. Without still have only committed a small frac- Netanyahu, and the Syrian President, objection, it is so ordered. tion of the 30,000 troops—something Bashar al-Asad, to the Oval Office to be (See exhibit 1.) like 5,000. Perhaps it will not be nec- an intermediary there. The office of Mr. SPECTER. For purposes of com- essary to commit the additional 25,000 the Presidency could have great forcement at this time, I will focus on what troops. fulness and great weight. The Sec- we found on our trip to Afghanistan We had a very productive meeting retary was noncommittal, and the and India as it relates to the current with the Prime Minister of India, record will reflect the exact words war in progress in Afghanistan which Prime Minister Singh. A point which which she used. has, as a practical matter, been ex- we pressed was whether India and The trip was very worthwhile. I find tended into Pakistan and a comment Pakistan could enter into an arms re- that when we leave the Beltway and about our trip to Syria, our meetings duction pact similar to the pacts which leave Washington and see what is actu- with President Assad, as it bears upon the United States and the Soviet Union ally happening in the field, wearing a the potential for a peace treaty be- have had, which would reduce the num- flak jacket in a helicopter across Af- tween Israel and Syria. ber of troops from India and the num- ghanistan or talking to Foreign Min- Our visit to Afghanistan was very re- ber of troops from Pakistan on the bor- ister Walid Mualem, who was the Am- vealing to get a firsthand impression as der to liberate more Pakistan military bassador here for 10 years, and getting to what is going on on the ground. I ap- to help in the fight against al-Qaida a feel for what is going on in India, it proached the trip with serious reserva- and the Taliban. gives us a much better insight into how tions about the President’s proposal to Prime Minister Singh said he would we handle our foreign aid, how we han- add an additional 30,000 troops there. certainly be willing to consider that, dle our budget, and how we handle our My concern arose in the context of why but Pakistan would have to control the military operations. fight in Afghanistan when al-Qaida terrorists. We questioned him as to EXHIBIT 1 could organize as well in many other whether the Pakistani Government STATEMENT OF SENATOR ARLEN SPECTER places, Yemen or Somalia. There had could control the terrorists, and his FOREIGN TRAVEL been such a lack of success in efforts in reply was very blunt: Yes, the terror- I seek recognition to speak about a Con- Afghanistan by the Soviets, by the ists are the creation of Pakistan, which gressional Delegation I took part in from De- Brits, going all the way back to Alex- is the way he responded to that situa- cember 28, 2009 to January 7, 2010. The ander the Great. tion. CODEL, led by Senator Gregg, comprised of There is no doubt we have to do In the intervening weeks, again, Senators Bayh, Cornyn, Enzi, Klobuchar and whatever it takes to defeat al-Qaida, there has been unique cooperation be- their spouses. I was accompanied by my wife, because they are out to annihilate us. tween Pakistani intelligence and the Joan, and my Legislative Director, Chris- The question is, where? Where we face CIA, with many joint maneuvers, so topher Bradish. reports that there were only about 100 perhaps there could be a material im- CYPRUS al-Qaida actually in Afghanistan, we provement along that line. We departed Andrews Air Force Base on are really looking at a battle with the The written text, which will be sub- Monday morning, December 28th, en route to Taliban. mitted, goes into some greater detail, Nicosia, Cyprus, with a refueling stop in In our meetings with General Shannon, Ireland. We began the day with a which I shall abbreviate because of the meeting with our USAID mission to review McChrystal and other key officials, shortness of time. projects being supported by the United they emphasized the point that we In Syria, our meeting with President States. should not retreat and that it would be Bashar al-Asad was cordial and I think We then had a briefing with the United Na- a watershed event if the United States constructive. I had first visited Syria tions Development Program (UNDP), which did not provide whatever military force in 1984, and this was the 19th visit is focusing on reconciliation projects, to in- was necessary in Afghanistan. there. I have gone there repeatedly, as clude media expansion. The UNDP office is Our delegation replied that the I have to the region generally, and located in the U.N. administered neutral zone, which divides the island. The UNDP NATO support was lacking and we even more often to Israel, because I continues to work with representatives in ought to rethink exactly how we are have long thought Syria was the key to Cyprus on revision of textbooks and the di- going to deal with the Taliban. The ef- the Mideast peace process. versification of media to allow viewpoints forts to persuade the Taliban to come Syria desperately wants to regain the other than those of just the state-dominated back and support the Karzai govern- Golan Heights, and only Israel can de- media outlets to be heard. ment—because there are many there cide whether it is in Israel’s interest to The media is dominated by Turkish Cyp- who could be brought back if the in- cede the Golan Heights. But it is a dif- riot and Greek Cypriot political outlets. Cy- ducements were sufficient and they ferent world in 2010 than it was in 1967, prus does not have equivalents of NPR or PBS. UNDP hopes to build on those models were sufficiently confident—the Karzai when Israel took the Golan. The strat- to allow diversification in the media by pro- government did not lend a whole lot to egy is very different in an era of rock- viding independent programming which can inspire confidence. They had an elec- ets. It is not quite the same situation. then be picked up by existing outlets for tion which was clouded with fraud. There is a great deal Israel could broadcast. The UNDP media program aims They have sustained reports about gain if a peace treaty was entered into to provide all Cypriots with a non-partisan dealing in the narcotics trade with with Syria: stopping Syria from con- avenue of communication. high-ranking officials, repeated evi- tinuing the destabilization of Lebanon, Following our meeting with USAID and which Syria denies but I think happens UNDP officials, the delegation held a coun- dence of corruption at the highest lev- try team briefing led by Jonathan Cohen, els—hardly inducive to a stable govern- to be a fact. For Syria to stop sup- our Deputy Chief of Mission. Our embassy in ment. porting Hezbollah and Hamas would be Cyprus has 65 U.S. employees in addition to When the President projected a with- very important to Israel’s security. To roughly 100 Cypriot nationals. Cyprus has be- drawal by mid-2011, that was not what try to drive a wedge between Syria and come increasingly important to the U.S. due President Karzai had suggested. He was Iran would be helpful not only to Israel to its strategic location. With an increasing quoted in the press as saying, U.S. in the context of the Iranian President number of U.S. ships transiting the Medi- troops would have to be in Afghanistan wanting to wipe Israel off the face of terranean Sea, U.S. port visits in Cyprus infor 15 years. When our delegation had the Earth but would be good not only creased 24 percent in 2008. With thousands of U.S. troops having shore leave while in port, an opportunity to meet with President for the region but for the entire world, the U.S. Embassy has worked with the Cyp- Karzai, we pressed him on that issue, if we can find a way to contain Iran in riot government to ensure that appropriate and he said: Well, 2 years would be re- their determination to acquire nuclear safety measures are in place to protect our quired for an adequate presence of the weapons. ships and sailors.

VerDate Nov 24 2008 03:36 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\RECORD10\S25FE0.REC S25FE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE February 25, 2010 CONGRESSIONAL RECORD — SENATE S763 Since Cyprus’ accession to the European clude them from moving forward on a solu- On the U.S. role in the peace process, Asad Union in January 2004, the number of Cyp- tion. I asked if there were disadvantages to pointed to efforts undertaken in the 1990s, riots attending U.S. universities has de- not achieving a solution and if the status- when Secretary of State James Baker en- creased dramatically. The U.S. mission has quo is acceptable. Talat responded that nei- gaged forcefully with the interested parties. created a program to use Cypriots who are ther side seeks violence, but that the current It is clear to me that Syria desires robust alumni of U.S. universities to go to high situation is disadvantageous to both sides. U.S. engagement in the peace process. Syr- schools and communities to speak about the Talat expressed optimism that a resolution ia’s tepid alliance with Iran appears not to benefits of an education in the United could be reached in 2010 but that the talks be bound by mutual affection, but rather by States. would likely break in mid-February to allow Syria’s desire to be on good terms with a re- On the law enforcement front, the Cypriot for elections, the outcome of which could gional force. Syria clearly wants the U.S. to government has utilized U.S. expertise in have a significant impact on the continu- withdraw from Iraq, but not before Iraqi do- some of their criminal investigations, ination of talks between the two sides. Talat mestic institutions have time to mature to cluding the investigation into the recent indicated that the Greek Cypriots have less prevent Iran from sweeping in to a political theft of the remains of former president of an incentive to find a solution given their vacuum. We discussed the issue of intelligence co- Tassos Papadopoulos. dominance of the island. He also confirmed operation. The good cooperation Syria and We received an overview of U.S. invest- the UNDP representatives’ previous asser- the U.S. had following September 11, 2001 has ment in Cyprus as well as U.S. businesses options that the local media helps inflame since dissipated. The delegation pressed Asad erating on the island. U.S. exports to Cyprus opinions on both sides. for more cooperation. Asad confirmed that grew by 28 percent in 2008. I asked about the The delegation then departed the north en cooperation had been good, but said that se- University of Pittsburgh Medical Center’s ef- route to a meeting with President curity and intelligence cooperation cannot forts to establish a university and medical Christofias. The President opened the meet- flourish in the absence of strong political center in Cyprus. UPMC is exporting its ex- ing with a 37-minute overview of the situa- and diplomatic relations. pertise to bring world-class health care, ad- tion and the negotiations. He expressed con- The delegation pressed Asad on the Iranian vanced technologies, and management skills cern over the more than 40,000 Turkish nuclear threat and the potential for Syria to to markets worldwide. troops on the island, as well as the unknown be dragged into a regional conflict. Assad in- Our mission provided an update on the sta- number of Turkish settlers. He too focused dicated that the Iranian issue needs to be re- tus of negotiations between the north and on security and land/property compensation solved and that conflict must be prevented, south. Talks between the Greek Cypriot as main obstacles to achieving an agree- but that he does not believe Iran is seeking President, Demetris Christofias and the ment. Christofias avowed that he is ‘‘free of a nuclear military capability. Turkish Cypriot leader, Mehmet Ali Talat nationalism’’ and that ‘‘Turkish Cypriots are Senator Klobuchar and I raised the issue of have ramped up in recent weeks with the two not our enemies, but our brothers and sis- the three American citizens—Joshua Fattal, leaders reportedly meeting multiple times a ters.’’ He concluded that Cypriots must rule Shane Bauer, and Sarah Shourd—who have week. However significant obstacles remain the country—not Turkey. He stated that he been detained in Iran since July 31, 2009, to reaching an agreement to include how to ‘‘will be the unhappiest man on the island’’ when they mistakenly crossed into Iran on a resolve vexing property, security and con- if he and Talat cannot reach an agreement, hiking expedition. stituent state constitution issues. but stated: ‘‘I will do my utmost because as The United Kingdom had asked Syria to In November 2002, U.N. Secretary-General time passes, new problems arise.’’ He indi- intercede with Iran in the case of five British Kofi Annan presented a draft comprehensive cated he had a good partner and relationship citizens who were in Iranian custody under peace settlement, commonly referred to as with Talat and if he should lose in the up- somewhat similar circumstances. The five the Annan Plan. According to the Congres- coming elections, the prospects for construc- citizens were released. sional Research Service: tive dialogue and resolution were poor. Since the start of their detention, I had worked with other members of the Senate to ‘‘[The Annan Plan] called for a ‘‘new state of SYRIA facilitate their release. On August 18, I affairs,’’ in which the ‘‘common state’’ gov- On December 30th, the delegation departed joined Senators Casey, Feinstein, Boxer, ernment’s relations with its two politically Larnaca, Cyprus for Damascus, Syria. This Klobuchar, Franken and Murray in writing equal component states would be modeled on was my nineteenth visit to Syria. We were to the Iranian Ambassador to the U.N. Mo- the Swiss federal example. It would have a greeted by Jason Smith, our control officer, hammad Khazaee to request that Iran grant single international legal personality. Com- and Charles Hunter, our Charge d’Affaires, the Swiss consular access to the Americans ponent states would participate in foreign who provided an update of the situation on per Iran’s obligations under the Vienna Con- and EU relations as in Belgium. Parliament the ground during the ride to the embassy. vention. This letter was followed by a simi- would have two 48-seat houses. Each state Upon arrival, the delegation received two lar one to Ayatollah Khamenei on September would have equal representation in the Sen- classified briefings to include a country 23, 2009. ate. Seats in the Chamber of Deputies would team briefing. Following our briefings, the On September 22, I introduced a resolution be allocated in proportion to population, pro- delegation departed for the Presidential Pal- cosponsored by Senators Casey, Feinstein, vided that no state would have less than 25% ace for a meeting with President Bashar al- Boxer, Klobuchar, Franken, and Nelson (FL) of the seats. A Presidential Council would Asad and Foreign Minister Walid al- encouraging the Government of Iran to grant have 6 members; the offices of President and Muallem. consular access for the Swiss and to allow Vice President would rotate every 10 months President Asad opened the meeting by wel- Joshua Fattal, Shane Bauer, and Sarah among its members. No more than two con- coming the delegation and provided his Shourd to reunite with their families in the secutive presidents could come from the views on the bilateral relationship as well as United States as soon as possible. The legis- same state. Greek and Turkish troops could regional tensions. I have long held the view lation passed the Senate on October 6, and not exceed a four-digit figure (9,999). U.N. that the U.S. could play a positive role in passed the House on October 29, sponsored by peacekeepers would remain as long as the fostering an agreement between Israel and Reps. Schwartz and Hinchey. On October 8, I sent a personal note to Am- common state, with the concurrence of the Syria. I indicated that if Hezbollah and bassador Khazaee requesting his assistance component states, decides. Cyprus would be Hamas could be disarmed and renounce vio- in releasing the hikers. demilitarized. During a three-year transi- lence the region would be better off. I ex- tion, the leaders of the two sides would be On December 17, 2009 I sent a letter to Sec- pressed the view held by many in the U.S. retary Clinton requesting she ask the Syr- co-presidents. The 1960 Treaties of Establish- that the Syria-Iran nexus is troubling and ment, Guarantee, and Alliance would remain ians to engage Tehran to secure the release Iran’s desire to obtain nuclear weapons poses of the three Americans. The State Depart- in force. There would be a single Cypriot a danger to the region and the world. I com- citizenship and citizenship of a component ment contacted the Syrian foreign ministry plimented President Asad for his willingness to seek its assistance in a manner similar to state; residence in a component state could to engage the Israelis via the Turks. I asked be limited by citizenship, but such limits the assistance the Syrians provided to the President Asad for his view on the prospects recent efforts to secure the release of the would have restrictions. Provisions would be for an Israeli-Syrian peace, better relations made for return or compensation of prop- five British yachtsmen detained by Iran in with the West and his country’s relationship late November after they strayed into Ira- erty. Turkish Cypriot territory would be re- with Iran. He indicated that the ‘‘devil is in nian waters. The five Brits were released duced to 28.5% of the island. the details.’’ He explicitly decoupled the within a week. The Delegation departed the country team issues, stating that his country’s calculus for President Asad said they would look into briefing for a meeting with Turkish Cypriot each is independent of the others. He indi- the matter including the charges to see if leader Mehmet Ali Talat. Talat provided an cated the U.S. should support the Turkish Syria could be of help in securing their re- overview of the negotiations with President role in the peace process—which has been lease. President Asad told me he would re- Christofias and focused on three main areas put on hold following the conflict in Gaza in view the matter and that the Syrians ‘‘will of dispute: governance and power sharing; 2008 and Israel’s parliamentary elections in try our best.’’ economic and European affairs; and property 2009. Later that evening Senator Klobuchar and reconciliation. While he expressed hope Asad stated, ‘‘only peace can protect I had a working dinner with Foreign Min- about having fruitful and productive discus- Israel’’—something no amount of armaments ister Walid al-Muallem. I have known For- sions, he indicated that the two sides have can do. He further stated that Hamas and eign Minister Muallem for two decades dat- disagreements over terminology which pre- Hezbollah exist as result of the lack of peace. ing back to his time as Ambassador to the

VerDate Nov 24 2008 03:36 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\RECORD10\S25FE0.REC S25FE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S764 CONGRESSIONAL RECORD — SENATE February 25, 2010 United States. We discussed in depth the many. Their economy grew 6.8 percent in event has made him believe the ‘‘sky is the issues raised earlier with the President. We 2009 and is expected to grow 7.5 percent in limit’’ in terms of broadening and deepening again pressed the Foreign Minister on the 2010. India has increasingly sought and pur- the U.S.-India bilateral relationship, from issue of the U.S. hikers detained in Iran. chased U.S. weaponry. The deepening of the energy to defense to education. Foreign Minister Muallem indicated he bilateral arms sales are a critical component Prime Minister Singh confirmed that his would be willing to go to Tehran to engage of our relationship. economy continues to grow, and was insu- his counterpart regarding the plight of the On the terrorism front, I pressed the team lated from the global fiscal difficulties large- hikers if he sees ‘‘some light at the end of on the prospect of reconciliation between ly because of India’s savings rate and that the tunnel.’’ India and Pakistan in the hopes that a re- domestic consumption filled much of the INDIA duction in tensions would allow Pakistan to void left by lagging exports. He told the focus its forces on elements such as Al- group that India’s prosperity will have posi- We departed Damascus the following morn- Qaeda. tive effects on the rest of the developing ing for Delhi, India and where we were met India is no stranger to terrorism, most re- world. He expressed his strong desire to deep- by Deputy Chief of Mission Steven White. cently seen in the horrific attacks in en the defense cooperation between our The issues we discussed were wide-ranging Mumbai on November 26, 2008, which killed countries. and included: nuclear cooperation between at least 173 people, including 6 Americans. The group asked the Prime Minister for his the United States and India; the November Our mission and its law enforcement compo- views on Afghanistan. He informed the group 2008 terrorist attacks in India and India’s ef- nents have provided assistance to the Indi- that India has invested $1.2 billion in recon- forts to combat terrorism; India’s tenuous ans in the investigation of the attacks. struction and development in Afghanistan. relations with Pakistan and China; its eco- Following the country team briefing, the While he admitted the existence of corrup- nomic and diplomatic presence in Afghani- delegation took a classified regional security tion within the Karzai government, he indi- stan; and the position it has taken in global briefing before departing for the Prime Min- cated that President Karzai is the best op- climate change negotiations, in which it has ister’s office. tion for stability, and that all will benefit opposed binding emissions reductions as lim- I have long been concerned about Indian- from strong international support for Karzai. its on its future economic growth. As the Pakistani relations. I brought up the issue of He stated that deadlines and withdrawal will world’s second most populous country, it is an Indian-Pakistani rapprochement during a only play into the hands of the terrorists, as clear that India will play an increasing role visit to India in 1995. In August 1995, Senator they will signal looming weakness of the in global politics this century. Hank Brown and I were told by Prime Min- government in Kabul. The delegation participated in a country ister Rao in a visit to New Delhi that India I pressed the Prime Minister on the pros- team briefing at our mission. We had the op- was interested in negotiating with Pakistan pects for relieving tensions between his portunity to discuss a wide variety of issues to make their subcontinent free of nuclear country and Pakistan and the possibility of in our bilateral relationship with the DCM, weapons. Prime Minister Rao asked Senator having an accord on troops and nuclear political section, defense attache´, USAID Brown and me to raise this issue with Paki- weapons. If Pakistan will take action and consular affairs officers. stan’s Prime Minister Benazir Bhutto which against the terrorist elements in its country, Much of our discussions during our visit fo- we did. I then wrote to President Clinton India would be willing to discuss many cused on India’s growth and the growing urging him to broker such negotiations. things, Singh stated. Prime Minister Singh pains associated with such growth, to in- Those discussions are summarized in a letter told the group of the strong internal pres- clude education. While 92 percent of the which I sent to President Clinton: sure he felt after the Mumbai attacks to country’s children go to primary school, half take some action against Pakistan, but that AUGUST 28, 1995. drop out by 6th grade. Many of India’s 1.2 bil- he refrained. He further told the group that DEAR MR. PRESIDENT: I think it important lion citizens live in rural regions and getting Pakistanis and Indians are the same—high- to call to your personal attention the sub- teachers to those posts is difficult. The coun- lighting that he was born in what today is stance of meetings which Senator Hank try has engaged in an affirmative action for Pakistan and that former Pakistani Presi- Brown and I have had in the last two days children of lower castes to attend university, dent Pervez Musharaff was born in what is with Indian Prime Minister Rao and Paki- but these reserved spots are extraordinarily present day India. He told the group that stan Prime Minister Benazir Bhutto. competitive. Yet, the government of India is Pakistan does not need to fear India and Prime Minister Rao stated that he would committed to inclusive growth and bringing that he is committed to engaging in a posi- be very interested in negotiations which the lower class up to participate in India’s tive manner with Pakistan. He suggested would lead to the elimination of any nuclear prosperity. that serious reform in Pakistan’s education weapons on his subcontinent within ten or A central theme in our discussions with system is needed and that madrassas are a fifteen years including renouncing first use our mission personnel as well as Indian offi- significant problem. of such weapons. His interest in such nego- cials was the civil nuclear accord signed by I asked Prime Minister Singh whether tiations with Pakistan would cover bilateral the U.S. and India. On October 1, 2008, Con- India would consider a treaty with Pakistan talks or a regional conference which would gress approved an agreement facilitating nu- to reduce military forces stationed by each include the United States, China and Russia clear cooperation between the United States nation on the border. I told him of my 1995 in addition to India and Pakistan. and India. As chronicled by the Council on conversations with Prime Minister Rao and When we asked Prime Minister Bhutto Foreign Relations, the deal, first introduced Prime Minister Bhutto and my letter to when she had last talked to Prime Minister in a joint statement issued by President President Clinton. I noted that it would be a Rao, she said that she had no conversations Bush and Indian Prime Minister Manmohan great help in the war against al-Qaeda if with him during her tenure as Prime Min- Singh on July 18, 2005, ‘‘lifts a three-decade Pakistan could re-deploy significant soldiers ister. Prime Minister Bhutto did say that U.S. moratorium on nuclear trade with from the border to fight al-Qaeda. India. It provides U.S. assistance to India’s she had initiated a contact through an inter- I analogized an Indian-Pakistan treaty to civilian nuclear energy program, and ex- mediary but that was terminated when a the U.S.-Soviet arms reduction treaties. If pands U.S.-India cooperation in energy and new controversy arose between Pakistan and India and Pakistan could agree on disclosure satellite technology’’ (CFR—11/20/09). During India. and reduced forces, that would liberate Paki- our meetings, this agreement was described From our conversations with Prime Min- stani troops. Prime Minister Singh said as a ‘‘watershed’’ event in our bilateral rela- ister Rao and Prime Minister Bhutto, it is India would be willing to consider such a tionship—an event that opened new doors, my sense that both would be very receptive treaty, but pointed out that Pakistan would new cooperation and new possibilities for to discussions initiated and brokered by the have to control Pakistan terrorists such as two countries that have spent the majority United States as to nuclear weapons and also the ones who attacked the hotel in Mumbai. of their histories circling each other but not delivery missile systems. He said he had been under considerable pres- directly engaging in a meaningful manner. I am dictating this letter to you by tele- sure to respond forcefully, but had not done According to our officials, India is taking phone from Damascus so that you will have so. Many feared that the Mumbai hotel at- steps to be a responsible world power on non- it at the earliest moment. I am also tack and a forceful India response could have proliferation matters. India has supported telefaxing a copy of this letter to Secretary set off a nuclear exchange. international efforts, along with the United of State Warren Christopher. I asked Prime Minister Singh pointedly if States, to address Iran’s troubling military Sincerely, the Pakistan government could control the nuclear ambitions—most recently by sup- ARLEN SPECTER. terrorists and he responded ‘‘yes.’’ He added porting an IAEA censure of Iran’s nuclear After returning to the United States, I dis- the terrorists were the ‘‘creation’’ of the program during a November 27, 2009 meeting cussed such a presidential initiative with Pakistan government. of the IAEA’s Board of Governors. This has President Clinton, but my suggestion was Regarding Iran, Prime Minister Singh told led to a cooling between the two countries, not pursued. the group India was not in favor of another yet India and Iran still have deep economic The delegation had a warm welcome from nuclear power in the region and doesn’t want connections, as Iran is India’s second largest Prime Minister Singh. The Prime Minister Iran to have that capability. Prime Minister energy supplier. began the meeting by thanking the delega- Singh highlighted his country’s support at On the economic front, India’s economy tion for Congress’ strong bipartisan support the United Nations to address Iran’s nuclear was more sheltered than others and weath- in implementing the U.S.-India bilateral nu- ambitions. He indicated that Iran is a signa- ered the global economic crisis better than clear accord. He further declared that this tory to the NPT, and as such is entitled to

VerDate Nov 24 2008 03:36 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\RECORD10\S25FE0.REC S25FE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE February 25, 2010 CONGRESSIONAL RECORD — SENATE S765 enrich uranium for peaceful purposes, but would be as to estimates of how many troops rocco has pushed for a more moderate ap- that they must comply with international could be withdrawn each year. proach and that it is engaged in combating accords to reassure the international com- We received a brief on the status of the Af- radicalism. I pressed the Foreign Minister on munity of their peaceful intentions. ghan Army and were informed that it is well recent incidents of terrorism and what can Following our meeting with the Prime respected by much of the population and is be done to combat the ideology that inspires Minister, I returned to the embassy for a seen by many as an entity that holds the suicide bombers and their skewed religious/ meeting with Robert Hladun, the Deputy promise of binding the nation. The police political views. He told me that many in the Country Attache for the DEA and Gib Wil- force is in poorer shape: corruption and in- Muslim world are frustrated—especially the son, the Assistant Legal Attache for the FBI. volvement in the drug trade, combined with youth. They lack educational and economic I received an overview of the regional drug a chronic lack of leadership, hamper its im- opportunities and poverty has led many to trade and how it impacts the U.S., and our provement. Only 25 percent of the police extremist camps. Yet, we also discussed how cooperation and assistance to India with force has formal training. many terrorists, including those that per- their investigations and counterterrorism ef- The delegation then proceeded to a coun- petrated 9/11 and most recently the Detroit forts. try team briefing. Our mission in Afghani- airline bombing attempt were educated and The Deputy Chief of Mission hosted a stan has four ambassadors—a rare occur- came from middle class or wealthy families. working lunch with our counterparts from rence, but one that is necessary given the The officials told us that we must work to the Indian National Congress including: complexity of the issues and the size of the resolve the conflict between the Israelis and Pallam Raju, Minister of State for Defense, mission. the Palestinians and that a lasting peace will help subdue tensions and allow govern- Jitin Prasada, Minister of State for Petro- We discussed the significant monetary in- ments and moderate Muslims to stand up leum and Natural Gas, Abhishek Manu vestment being made in Afghanistan, with and lead. In addition, they suggested a global Singhvi, Manish Tewari, Prakash Javadekar, $250 million alone spent on the civilian side interfaith dialogue must occur. They stated Raashid Alvi, Madhu Goud Yashki and each month, and once the additional 30,000 their desire to play a leadership role given Deepender Singh Hooda. Our discussions cen- troops arrive the cost will rise to between $9 Morocco’s history in hosting the three great tered on the same topics we had discussed and $10 billion per month for the entire U.S. religions. with Prime Minister Singh and the country effort. When asked to discuss the national The Foreign Minister highlighted Moroc- team, but also provided us an opportunity to security significance to U.S., Major General co’s efforts to engage the youth with oppor- discuss how, as parliamentarians, we deal MacDonald stated that Afghanistan is the tunities and positive messages and that their with local and national issues of importance extremists’ base, threat exists and they have brand of Islam is open, inclusive and tolerant to our constituents. Following lunch, we de- resources in Afghanistan. I pressed the team and is a good model for the broader Muslim parted Delhi for Morocco, with a refueling to rationalize the disparity between Presi- world. stop in Qatar. dent Obama saying we begin withdrawing in We departed Rabat early on January 7th to AFGHANISTAN 2011 and President Karzai saying that it will return to Andrews Air Force Base by midday take 15 years for his security forces to be On January 3, 2010, the delegation flew EST. ready to stand on their own. I pressed them from New Delhi to Kabul, Afghanistan and TRIBUTE TO MR. KENNY EVANS on how quickly we can train security forces returned to New Delhi late on the same day. Mr. SPECTER. Madam President, so the U.S. could turn over responsibility Upon arrival at the U.S. Embassy, we were and again shared the concern by many over Kenny Evans recently passed after greeted by General Stanley McChrystal and U.S. debt, deficit and obligations at home. being with me for some 30 years. I had Ambassadors Anthony Wayne and Francis Lieutenant General Caldwell outlined the known Mr. Evans in Philadelphia for a Ricciardone. efforts to develop the police and ministries long time, but when I ran for the Sen- General McChrystal outlined a strategy of defense and interior. He highlighted the aimed at influencing the Karzai government ate in 1980, I asked him to be my cam- issue of lacking an effective afghan civil to institute reforms to win the support of the paign deputy in the African-American service. He told us that an Afghan soldier Afghan people so that many of the insur- community. When I was elected, I makes $165 a month whereas a judge makes gents would support the Karzai government brought him in as my key operative in only $80. Clearly, civilian pay reform is need- and reject the efforts of the Taliban to win the African-American community be- ed. control. He acknowledged some of the insur- I pressed the officials on getting the inter- cause of the urgency of having active gents who supported the Taliban leadership national community to carry its weight. minority representation. would stay with the Taliban, so that the They replied that the U.S. requested 2,500 He came to be known and loved and Taliban and their supporters would have to troops on December 1, 2009 and NATO admired as a leading public official in be defeated militarily. pledged 460, and U.S. officials are now going I asked General McChrystal why fight in the city. He served longer than most around Kabul asking each country’s ambas- Afghanistan when others—the Soviets, the anybody else who had been in public of- sador for additional troops. I again pressed British, Alexander the Great had failed—and fice. He took on a great role in housing them on when we can finally leave. They al-Qaeda could organize strikes against the and in job training and in education, stated that governance, economy and secu- U.S. and others from Yemen, Somalia and on civil rights issues and on immigra- rity need to all be working in tandem and elsewhere and the U.S. was engaging only a that 300,000 Afghan security forces will be tion. small number of al-Qaeda (estimated by ready by July 2011. When we had a proposal advanced by some as few as 100) and really only fighting Congressman CHAKA FATTAH called MOROCCO the Taliban. General McChrystal responded GEAR UP almost a decade ago, with a that U.S. withdrawal from Afghanistan The delegation arrived in Rabat, Morocco $300 million price tag, I consulted with would have disastrous consequences in the at 1 AM on January 5th where we were met region and beyond and that al-Qaeda would by Ambassador Samuel Kaplan. Our Codel Kenny Evans, listened to his advice continue to have their best sanctuary in the was very impressed with him. There is con- and recommendations and helped pro- caves and mountains on the border regions siderable debate about ‘‘political ap- vide $300 million a year, which has now between Afghanistan and Pakistan. pointees,’’ but Ambassador Kaplan brought come to be in the $2.5 billion range, not I asked him about the reality of significant unique skills to this position from a distin- only servicing Philadelphia but the en- withdrawal by mid-2011, pointing out that guished career in the law, considerable busi- tire country. the commitment to start the withdrawal ness experience, and extensive activity in po- When we had a controversy last sum- could be met by a small withdrawal which litical and community affairs. mer about African-American children would not be significant. He did not respond We met with Foreign Minister Fassi-Fihri being excluded from a swim club which on a date for final withdrawal, but said the and Director General Mohamed Mansouri. mid-2011 start of withdrawal was a realistic The Foreign Minster told the delegation he said they were not welcome there, exit strategy. was pleased with the status of relations be- Kenny Evans took the lead in consulta- When I pointed out that President Karzai tween our two countries and the deepening tion and advice on how to handle it had publicly stated U.S. troops would be in the relationship on issues such as trade with the Civil Rights Division, and ac- needed for 15 years, General McChrystal did and defense and intelligence cooperation. tion has been taken to correct a wrong not modify his previously stated estimates. The Foreign Minister explained Morocco’s there. When our Codel later met with President unique position in the world, with one foot He was an unusual public servant and Karzai asked when he thought Afghanistan in the Mid-East and one in Africa. He dean extraordinary man. would be able to maintain the peace and scribed the difficulty his country has had in Madam President, I ask unanimous function on its own without any U.S. troops. establishing a democratic system, permit- consent that a statement which was He said that if the resources were ‘‘ade- ting political parties while maintaining a de- prepared by Michael Oscar, my execu- quate,’’ that U.S. troops could start with- mocracy. drawal in two years with full withdrawal Much of our discussion focused on ter- tive director for southeastern Pennsyl- after 10 years. There was insufficient time to rorism and prospects for peace in the region. vania, which Mike Oscar gave at Ken- clarify with President Karzai what resources Director General Mansouri stated that ter- ny’s funeral, be printed in the CON- would be ‘‘adequate’’ or what the timetable rorists have manipulated Islam and that Mo- GRESSIONAL RECORD.

VerDate Nov 24 2008 03:36 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\RECORD10\S25FE0.REC S25FE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S766 CONGRESSIONAL RECORD — SENATE February 25, 2010 There being no objection, the mate- However, my first and lasting impression with Andy Wallace at our side running inter- rial was ordered to be printed in the of Kenny occurred about a year later. Many ference. When we got to the photo line, we RECORD, as follows: of you may not be aware of this, but Kenny, were immediately escorted to the front of along with Al Jackson, established the first the line. I turned to Shanin Specter and Today, we do not grieve for Kenny Evans, urban aquaculture center in the nation. asked him to introduce Kenny and for now he is free to follow the path God has Many of you like me are probably scratch- Charolette to the President, and he replied, laid out for him. Kenny took God’s hand ing your heads right now wondering what is ‘‘No,’’ but he immediately responded with when he heard Him call. aquaculture. Well, it’s any crop that is cul- ‘‘Mike, I want you to do it.’’ Good Morning and on behalf of Charolette tured in water—whether it be shrimp, fish, So, I proceeded to the President, ‘‘Mr. and the entire Evans Family, I offer the fol- or seaweed. President, I would like to introduce you to lowing remarks highlighting our friend, Kenny learned about aquaculture from his Kenny and Charolette Evans. Kenny has been Kenny Evans. numerous luncheon conversations with Al My name is Michael Oscar and I serve as with the Senator for the past 30 years.’’ Jackson and over the course of a year, they Sen. Specter’s Executive Director in South- President Obama retorted, ‘‘my man, Kenny drafted this unique partnership between the eastern Pennsylvania. For nearly a decade, I Evans’’ and extended a warm hug and hand- University of Pennsylvania and Cheyney had the distinct pleasure of working with shake. Without question, I will NEVER for- University. They wanted to provide African Kenny in many different legislative and po- get that moment. American students the opportunity to learn litical capacities. It is with this background Ladies and Gentlemen, for those of us who this unusual science. are a part of or friend of Sen. Specter’s and distinction that I speak to you today. Proudly I report to you today, the center May it be said of Kenny, the words of Al- Alumni and Family, please do not regard has been successfully funded for the past fred, Lord Tennyson: today in sorrow, rather rejoice in Kenny’s seven years by the U.S. Department of Agri- memory and adapt his cause to your daily ‘‘I am a part of all that I have met culture and has graduated nearly 188 African work. To much is taken, much abides American students in the field of urban Find comfort and solace in knowing that That which we are, we are . . . aquaculture. This was just one accomplish- Kenny joins Carey Lackman and Tom Bow- One equal temper of heroic hearts ment of many that Kenny succeeded in on man, former staffers that were dedicated to Strong in will behalf of Sen. Specter. the cause in helping the common man and To strive, to seek, to find, and not to yield.’’ Beyond Kenny’s political acumen, he woman of Pennsylvania and the nation. Kenny personified these words because his mentored all of us on how to keep things Imagine if you will the conversation they cause was ours,—you and me—the cause of simple, light. When I was drafted by the Sen- must be having right now. the common man and the common woman. ator to run his Philadelphia Office, I heard For the rest of us assembled here today His commitment was to those who Andrew one of my predecessors define it as and to Kenny’s family; specifically, Jackson called ‘‘the humble members of so- ‘‘Kennyism.’’ Those Kennyisms have sus- Charolette, I offer this summation of a con- ciety: the farmers, mechanics, laborers, and tained me and our team in Philadelphia for summate advocate for the little guy, Kenny the forgotten.’’ many years and they will never be forgotten. Evans, by recounting the final sentence of On this foundation for the past three dec- One specific anecdote that defines what we Sen. Ted Kennedy’s ‘‘The Dream Shall Never ades with Sen. Specter and beyond, Kenny collectively call a ‘‘Kennyism’’ was when I Die Speech,’’ at the 1980 Democratic Na- defined our values, refined our policies, and was on a leave of absence from the Senator’s tional Convention: refreshed our faith. He did this by operating office to run Rep. Mike Fitzpatrick’s cam- ‘‘For all of those whose cares have been behind the scenes with much grace, class, paign. Despite my absence from the office, our concern, the work goes on, the cause en- and dignity. my three-year-old son, Liam, at the time dures, the hope still lives, and the dream There was never a problem no matter how was enrolled in the daycare center located in shall never die.’’ big or small, he did not try to solve, a re- the Green Federal Building. As in everything we do, may God be quest he did not try to respond to, or a per- So for three days a week, I drove down to blessed! Thank you. son he did not try to help. This was his mar- the city to drop him off. Before heading up quee value. to the campaign office in Doylestown, I Mr. SPECTER. Madam President, I Kenny’s work ethic and style mentored fu- would stop by the second floor cafeteria to thank the Chair and yield the floor. ture generations of congressional staffers, grab a cup of coffee and I was always greeted I suggest the absence of a quorum. political candidates, and current legislators by Kenny’s chuckle. The PRESIDING OFFICER. Will the in the art and science of politics. As Al Jack- He would tell me ‘‘Sit down, Mike, tell me Senator withhold the suggestion of the son, his friend and luncheon companion for about the campaign and more importantly, absence of a quorum? nearly 27 years, stated on numerous occa- how is your family?’’ He would listen, he sions, ‘‘he is the maestro of politics’’—in- would laugh, and he taught me to keep it Mr. SPECTER. I do. stinctively knowing how to deal with people light. He would end every conversation with f and their everyday concerns. ‘‘It will be ok.’’ In my opinion, he earned this astute char- Speaking of campaigns, when I had the RECESS acterization because he worked from the pleasure of accompanying the Senator dur- The PRESIDING OFFICER. The Sen- ground up, which provided him the proper ing his visit with Kenny just a few weeks ago ate stands in recess until 2 p.m. rubric on how to communicate with people. in the hospital, Kenny despite his medical Thereupon, the Senate, at 12:42 p.m., As his Executive Director for the past five maladies went right to work assessing for recessed until 2 p.m. and reassembled years, I witnessed firsthand his innate abil- the Senator how the African American Com- ity to soften even the harshest of personal- munity along with many others will come when called to order by the Presiding ities. There was not a day that went by that out for him in his re-election. Yes, many a Officer (Mr. BURRIS). Susan Segal would say, ‘‘Kenny would be the ‘‘kennyism’’ was shared that day. f perfect choice to handle this constituent.’’ A few short weeks later, I went back to ‘‘And handle this constituent he did’’ be- visit with Kenny, along with Al Jackson, and UNITED STATES CAPITOL POLICE cause his commitment went well beyond the Elvis Solivan, another stalwart of the Spec- ADMINISTRATIVE TECHNICAL federal scope. Whatever it took, a phone call, ter Team. While there I had this memorable CORRECTIONS ACT OF 2009—Con- a letter, a closed door meeting. He was a conversation with Kenny’s grandson, La- tinued tireless advocate always on a mission. mont. He told me how his grandfather would When I first joined Senator Specter’s staff bring the Senator’s Lincoln Town Car home The PRESIDING OFFICER. The Sen- in Washington, D.C. before coming to Phila- and when he did he would offer his grand- ator from Ohio is recognized. delphia, my COS at the time, Carey children a ride in it, and if they accepted the HEALTH CARE REFORM Lackman told me ‘‘you had an impressive offer then they would wash it later. Mr. BROWN of Ohio. Mr. President, list of references, but none greater than When I heard the story, I just laughed. right now there is a meeting at the Kenny Evans.’’ Candidly, I didn’t know what ‘‘Senator, rest assured, no one yet from the White House that is being covered ex- Carey was talking about. I had no idea who Oscar family has ridden in the Lincoln let Kenny Evans was and he was not listed as alone washed it except for their father.’’ tensively by the media live. There has one of my references. Upon your arrival at today’s services, you been much anticipation about the I later learned that Kenny worked closely may have noticed that radiant photo of meeting between the President and a with one of my former employer’s, Michael Kenny, Charolette, and President Obama. On number of Members of Congress, equal- Kunz, the Clerk of Court for the District that day, Tuesday, September 15, 2009, can- ly divided between the two bodies, the Court. When Mr. Kunz heard that I applied didly, Kenny was noticeably not well, but we House and Senate, and the two polit- for the position he called Kenny to advocate wanted to ensure he received his photo with ical parties. It is a chance for both on my behalf. Apparently, Kenny imme- the first African American President of the diately called Carey and stated, ‘‘this guy United States. sides to listen to each other. The media worked for the clerk, do you know how many That said, I grasped Kenny’s hand, along has decided that by and large this is calls a day I get from constituents to get out with Charolette’s and together we raced going to be unproductive. I watched a of jury duty? You need to hire this guy.’’ down the long convention center hallway good bit of it today. At least people are

VerDate Nov 24 2008 03:36 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\RECORD10\S25FE0.REC S25FE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE February 25, 2010 CONGRESSIONAL RECORD — SENATE S767 being open with what they believe and there has been bipartisanship on this right about that: Let them go into what they want. bill. pools, and we did that. There clearly are major differences I sit on the Health Education, Labor So my point is, there is Republican between the two parties when it comes and Pensions Committee. We did our flavor to this bill. There is Republican to health care. It goes back a couple, work on this bill back in May. Clearly, input—not just input, negotiations and three generations. It certainly goes this hasn’t been rushed through the successes—in this bill. There are 160 back to the mid-1960s, to 1965 espe- Congress or rushed through with rec- Republican amendments out of the cially, when the Senate and the House onciliation. The Bush administration, HELP Committee in this bill. There and President Johnson signed the on their big initiatives, pushed them have been almost unending discussions Medicare bill. An overwhelming num- through quickly without nearly as surrounding the bill. Yet the Repub- ber of Republicans opposed it and an much debate as we have had, but, none- licans, to a person, oppose the bill. The overwhelming number of Democrats theless, we sat in the HELP Committee only reason I can figure that out—not supported it. It wasn’t as partisanly and—the Presiding Officer knows this— that it doesn’t have bipartisanship to charged as this, but it had the same in- we accepted, I believe, 163 Republican it—the only reason I can figure it out terest groups around it, including the amendments. I voted for probably 155 is what my colleague, Senator DEMINT same insurance company opposition, of them. I agreed with most of them. from South Carolina, said: If this bill the same accusations by—it was the At the same time, the Finance Com- goes down, it is the President’s water- John Birch Society then. Today it is mittee had negotiations with three Re- loo. the tea parties who oppose it. They publican and three Democratic Sen- I don’t want to accuse my colleagues didn’t talk about death panels back ators. I think they took too long—that on the other side of the aisle of want- then. Perhaps the John Birch Society is my opinion—but the fact is, they had ing this to fail in order to have the wasn’t as creative as are the tea party negotiations for months. There were Democrats fail or wanting this to fail people, but they said it would be a discussions in May and June and July to damage Barack Obama’s Presidency. takeover by big government of health and August and September. Finally, I don’t think that. I am not accusing care; the government would stand be- Chairman BAUCUS, in frustration, said: them of that. I just wonder. tween the patient and the doctor. None Let’s move forward. This doesn’t seem I note the absence of a quorum. The PRESIDING OFFICER. The of that has happened with Medicare. to be working. So there has been plenty of Repub- clerk will call the roll. The kinds of accusations and charges The legislative clerk proceeded to lican input into this bill. There has and scare tactics used by the insurance call the roll. been plenty of bipartisanship. As I said, industry and mostly Republican oppo- Mr. LEMIEUX. Mr. President, I ask nents in the 1960s to Medicare are very there have been Republican amend- unanimous consent that the order for similar to the opponents to health care ments which have given the bill a Re- the quorum call be rescinded. today. publican flavor and certainly a bipar- The PRESIDING OFFICER. Without So I say, setting the table, that there tisan flavor. There were a couple of objection, it is so ordered. are major differences between the two specific matters. They wanted to allow HEALTH CARE parties. I was speaking to a couple of health insurers to sell across State Mr. LEMIEUX. Mr. President, I come school groups recently, one from Lake- lines. We did that in the bill. The bill to the floor today to speak on the issue wood, OH, and one from the University has provisions that allow a company in of health care. Right now the leaders of of Miami in Oxford, southwest Ohio. Indiana to sell insurance to residents this body, as well as the House of Rep- They asked about partisanship. of Ohio. resentatives, are meeting with the One woman said: I am neither a Re- A company in Indiana can sell in President of the United States and publican nor Democrat—a young per- Ohio, and a company in Ohio can sell members of his Cabinet at the Blair son, a 19- or 20-year-old college stu- insurance to somebody across the line House to discuss the current health dent. She said: I don’t understand why in Fort Wayne or in Richmond or in In- care reform proposal and where we they are blocking appointments, why dianapolis or in Gary or anywhere else should go forward to improve the you can’t even agree on that, to even in that State. health care of the people of this coun- have a vote. So we listened to that, and we in- try. So the partisanship is surely more cluded that in the bill because that is I come to the floor today to talk charged today than it has been. I ex- one the Republicans always talk about: about a specific portion of their discus- plained to them it is not so much party If you would only let us sell across sion concerning health care fraud pre- as ideological differences; that Demo- State lines, that would be a great vention. crats are believers by and large in thing. That is what we did. We agreed Today, my colleague from Oklahoma, things such as Medicare, and the Re- to that. Senator COBURN, brought up with the publicans think: Let the insurance in- The second big issue the Republicans President of the United States the dustry do it. That is fine. That is a le- talk about is allowing individuals and issue of health care fraud prevention. gitimate philosophical difference. The small businesses and trade associations As a Senator from Florida, this is Republicans side with the insurance in- to pool together so they can acquire something I have great concern about dustry, and the Democrats believe gov- health insurance at lower prices, much because, unfortunately, we are the cap- ernment can play a positive role—not the way the large corporations and ital of health care fraud for this coun- an overreach but a positive role in peo- unions do. We did it. We set up ex- try. I have put forward a proposal—S. ple’s lives by running programs such as changes that are basically clearing- 2128, the Health Care Fraud Prevention Medicare, by running programs such as houses of companies so that individuals Act—to go after this very problem. Social Security, by running programs can go into these exchanges and buy Today, Senator COBURN brought up the such as student loans, agencies such as insurance and spread the risk out fact that we believe that $1 out of the Environmental Protection Agency among millions of people. Or small every $3 spent on health care through which has made our country signifi- businesses can take their employees— Medicare or Medicaid or other public cantly safer and people’s neighbor- for a company that may have 25 em- programs—$1 out of $3—is fraud, waste, hoods significantly safer. ployees, if one or two of them get sick or abuse—a shocking number. In fact, There are some people on the other from cancer, let’s say, that small busi- the belief is that $60 billion a year in side of the aisle who just want Presi- ness will either—at best, that small the Medicare system alone—health dent Obama to fail. I don’t think that business’s premiums will go up and at care for seniors—is waste, fraud, and is a majority of Republicans; I think it worst they will get their premiums abuse. is some number. Let’s ignore that for a canceled. If two or three or four em- Unfortunately, we don’t have sys- moment and just think there are philo- ployees are sick and it costs tens of tems in place to go after and prevent sophical differences between the two thousands or maybe hundreds of thou- that waste, fraud, and abuse. What we parties. I say that because I think sands of dollars, you can be in a risk do in the Federal system when we there is something more going on, and pool with millions so your rates don’t think there is fraud is we send prosecu- that is that on a lot of these issues spike up. So the Republicans were tors and law enforcement folks out to

VerDate Nov 24 2008 03:36 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\RECORD10\S25FE0.REC S25FE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S768 CONGRESSIONAL RECORD — SENATE February 25, 2010 combat the fraud. These folks are I went to Best Buy and bought a tele- ient people, and it is amazing that they doing a very good job, and there has vision. I live in Tallahassee, so before I could go on with the tragedy they had been a lot of good work done in my left the store, my credit card sent me experienced. home State of Florida. But the truth an e-mail. You live in Florida, is what I had the great honor to visit the is, that is going after the fraud after it this system is doing and thinking, and Gesco Ford Operating Hospital, staffed has already happened, and oftentimes you are buying a television, which is a mostly by American doctors and there is no money left to collect. What highly suspicious purchase, and you nurses, some of them from Miami, we need to do is what I have proposed, are doing it in Washington, DC. So I some of them from Orlando, in my and what the Health Care Fraud Pre- tell them yes, and the transaction goes home State of Florida. They are doing vention Act, S. 2128, accomplishes is it through. If I tell them no, they do not wonderful work. stops the fraud before it starts. pay Best Buy. They do not pay unless We met with the President of the I was happy today that the President there is a verification on the front end. country and the Prime Minister and agreed we need to prevent health care We can use that same technology in Ministers of the President’s Cabinet, fraud. He said we have already incor- health care to set up a predictive mod- and we talked about what are the next porated all of the good ideas on this. I eling system to prevent the fraud be- steps. hope that means we are going to pass fore it starts. I called the worldwide Mr. President, I ask unanimous con- S. 2128. It is a bipartisan supported bill. head of fraud prevention for sent to have printed in the RECORD a It is a bill that will stop the fraud be- MasterCard and asked him: Can we do letter I authored to the President of fore it starts. It is not, however, in the what you do in health care? He said: the United States, to which I will be Senate bill we passed in December. Sure you can, and I will help you. referring. When I tried to bring this measure to There is no reason we can’t stop bil- There being no objection, the mate- the floor as an amendment, it was ob- lions of dollars of waste, fraud, and rial was ordered to be printed in the jected to. Since that time, I have abuse. RECORD, as follows: worked with my colleagues on both the Mr. President, before we go on to all U.S. SENATE, Democratic and Republican side of the the other issues in health care that we WASHINGTON, DC 20510 aisle to move this measure forward. can’t agree upon, we should call up this February 18, 2010. Senator BAUCUS and I have spoken bill and we should pass it. We would Hon. BARACK OBAMA, about it. In the 11-page memo the get 100 votes, I bet, in the Senate, and President of the United States, Washington, D.C. President put forward, it references we could save what one group here in doing in part what S. 2128 would ac- DEAR MR PRESIDENT: On Friday, February Washington thinks is $20 billion a year. 12, we traveled to Haiti with a bipartisan complish. So I hope that in the new That is $20 billion we could use to group of colleagues from the House and Sen- proposal, we will put forward S. 2128 maybe pay down the debt and the def- ate, led by Speaker Pelosi. The situation in and pass it. icit or put it back into Medicare, which Port-au-Prince, Haiti is dire. While much Quickly, what does the bill do? It is hurting and is going to run out of good work has been done to provide water does three things: money in a few years. We could do good and food, and to bury the dead, international One, it creates a chief health care assistance will be required for years to come. fraud prevention officer of the United things with that money. Although a disaster of historic propor- The third thing this bill does is it re- States. That person, appointed by the tions, this earthquake provides great oppor- quires a background check for every President, would work at the agency tunity for renewal and rebirth as tragedies of health care provider. Can you believe the past have for cities around the globe. for health and human services, and we don’t check the criminal records of The goal must not be to return Haiti to their only job would be ferreting out where it was on January 11, 2010, but to as- fraud. When there is $60 billion in people who claim they are providing health care to our seniors? We don’t sist the Haitian people in rebuilding a better, Medicare alone and potentially that prosperous, and stable country. much in Medicaid and across the check to see if they are felons. We had We understand that in the coming weeks a guy in Miami who was a convicted health care system—we think $1⁄4 tril- your administration will put forth a funding lion a year in fraud, waste, or abuse— murderer who claimed to be a health proposal to provide further relief to the Hai- it is worth having one person whose care provider. This would require we do tian people. For our efforts to be accom- whole job is to try to prevent that a background check. And if you are a plished, that funding must be pursuant to a long-term plan for the success of Haiti’s re- fraud. Remember, if this money is re- criminal, guess what. You don’t get to provide health care. You don’t get to development. Accordingly, we suggest the covered, we can use it to provide health following: care, we can improve the quality of dupe the system. With the aid of the international commu- care because there will be more money So I hope we will take up this bill. I nity, Haiti must develop a long-term plan for going into actually helping our seniors, am appreciative of Senator COBURN. I investment. That plan must include defined helping the poor, helping our veterans. am glad the President recognizes we goals and accountability measures that en- The second thing the bill does is it can all agree on this. If we can all sure both transparency and sustainable takes a model from the private sector— agree, let’s get something done. Let’s progress. Second, funds must be provided in it borrows a page, if you will—because call the bill up and let’s pass it. a significant way to the Haitian people directly. Micro-loans for small businesses and HAITI we have an industry in this country similar targeted programs that are directly that does an excellent job of preventing Mr. President, I had the opportunity linked to economic performance will foster fraud, and it is the credit card busi- to go on a congressional visit to Haiti entrepreneurship and organic business ness. We have all had this experience. a couple of weeks ago—actually, 2 growth. Third, a priority of international as- You go somewhere and use your credit weeks from tomorrow. We were there sistance to Haiti must be to ensure the well- card, and you get a phone call or an e- on the 1-month anniversary of the being, safety, and security of the thousands mail from your credit card company. tragic earthquake that killed more of orphans that are currently living in Haiti. They tell you some transaction has than 200,000 people. Two hundred thou- Fourth, long-term projects must focus on in- just occurred and ask: Did you really sand people died in Haiti. Myself and frastructure and job growth with a special attention on developing centers of commerce mean to have that transaction? Did the other Members of the Senate and outside the capital city, to strengthen the you authorize that purchase? And you the House who went there were able to economy and disperse the population. Fi- call them up and say either yes or no. see some of the tragedy. nally, a task force composed of Haitian- I have a young family, Mr. President, We visited the cathedral in Haiti. American leaders should be convened to tap as you know. When I got appointed to You often hear President Clinton talk the energy and vigor of America’s Haitian the Senate, I brought my kids and my about this wonderful Catholic cathe- community to sustain support for the relief wife up here so we could be close. I dral in Haiti that stood the test of time effort. have three children 6 and under and a but could not stand the test of this In the short term, a joint effort must begin immediately to move displaced Haitians to baby coming in a month, so we are here earthquake. In fact, really the only high ground before the rainy season begins in Washington, DC, most of the time. I prominent part of this cathedral that in the coming weeks. Thousands of Haitians had to do what any good dad would still stood, unbelievably, was the cross. are living in low-lying camps, and tragedy have to do: I had to go out and buy a We talked to the people who were will strike again when the rain comes. We television. there. They are a wonderful and resil- urge your administration to stress this point

VerDate Nov 24 2008 03:36 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\RECORD10\S25FE0.REC S25FE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE February 25, 2010 CONGRESSIONAL RECORD — SENATE S769 with President Pre´val and Prime Minister tire population for the country of and I have sponsored the Travel Pro- Bellerive. Haiti. We are putting too many people motion Act, which is before us today. In the midst of the terrible disaster, we in one place when tragedy strikes. We This bipartisan piece of legislation were all struck by the strength and resil- need to encourage development would help to make our travel and iency of the Haitian people. With a long- term, measurable plan for redevelopment, throughout the country. tourism industry more successful and the people of Haiti can achieve an economy I had the honor of having the Presi- more competitive internationally. So I and a society worthy of our investment and dent of Royal Caribbean cruise lines in thank my colleague, Senator DORGAN, their tremendous sacrifice. my office yesterday—a Floridian, for his great leadership on this impor- Sincerely, Adam Goldstein—and we talked about tant issue. GEORGE S. LEMIEUX, tourism to Haiti. There is a beautiful Tourism is our country’s truest form BILL NELSON, citadel in Haiti that would be a won- of economic stimulus. The average AMY KLOBUCHAR, derful attraction for cruise ship tour- overseas visitor to the United States FRANK R. LAUTENBERG, spends roughly $4,500 per trip to pay for U.S. Senators. ists. There have been all sorts of difficulties building a road to it and mak- hotels, transportation, dining, shop- Mr. LEMIEUX. Mr. President, this ing sure it is safe and secure. ping, and other things. Unfortunately, letter is cosigned by myself, Senator We need to find ways to create jobs tourism took a massive hit on 9/11, and NELSON, my colleague from Florida, outside of Port-au-Prince, outside that it has not yet recovered. This lost dec- Senator KLOBUCHAR, as well as Senator city, so that fragile humanity is not all ade has only been made worse by last LAUTENBERG, all of whom were on the focused in one place. year’s recession. trip with me. The letter basically asks Finally, we need to make sure the Di- If the United States had managed to the President to do four things in try- aspora of Haiti, the Haitian-American keep pace with global travel trends, 68 ing to focus our help and relief for this people—for example, we have about million more travelers would have vis- country. 250,000 Haitian Americans in Florida— ited the United States between 2000 and We have been involved in trying to are involved in the rebuilding of Haiti. 2009. These travelers would have gen- help the Haitian people for decades, They need to be welcomed. They are erated an estimated 250,000 new U.S. and the American people have opened dying to get involved. They are hungry jobs in 2008 alone. their hearts and their wallets to help to get involved in this process of re- At a time when unemployment is at the situation in Haiti, but the situa- building their home country. record-high numbers in this country, tion is dire. I cannot think of a more So I hope the President will put to- we cannot afford to throw away any- complicated, difficult problem than gether this commission, appoint a more tourism-related job creation. We trying to bring Haiti forward to a sus- strong leader—a Colin Powell or some- could take a cue from Canada on suc- tainable place. one of that magnitude—as the trustee cessful ways to spur this tourism that Haiti was already in bad shape, but it to work with the Haitian people to re- we need so badly. If you have been had a path forward and progress was build the island of Haiti, and I hope we watching the Olympics, you have seen being made. Now, as you drive the can get effort and energy behind that these ads about British Columbia. I streets of Port-au-Prince, it looks like proposal quickly so we don’t have any don’t know about the rest of you, but it a bombed area. It looks like a war other significant challenges in the has made me actually want to go up zone. You will randomly see three coming months ahead for the Haitian and visit. But it is not just watching buildings standing as if nothing had people. the Olympics. It is the ads that have happened and then a building that is With that, Mr. President, I yield the been the most successful part of mak- completely and utterly destroyed. floor. ing me want to go to that part of the Right now, thousands of people are The PRESIDING OFFICER. The Sen- world. They have beautiful things to huddled together in these makeshift ator from Nevada is recognized. advertise, to show you: Doesn’t that camps in low-lying areas. My great fear Mr. ENSIGN. Mr. President, I rise look like an incredible place to go for the short-term is that when the today because our economy is strug- visit? rains come, which they will in the next gling. Unemployment remains high, Think about all we have in America weeks in Haiti, there will be another and the recession’s hold on cities that we can advertise to the rest of the great tragedy. So we have to be focused across America is as strong as ever. My world that may not have thought about in our help. home State of Nevada has been one of it. I didn’t think about going up to So I, along with my colleagues, sent the hardest hit, and our tourism-de- Vancouver and British Columbia, but this letter to the President and asked pendent economy is barely hanging on. those ads spurred my interest in it, and the President to do four things: Unfortunately, this is true for tourism- I am sure they have for many Ameri- First, create a long-term sustainable dependent cities across our country. cans and other people around the plan for Haiti and put in charge of that During these difficult economic world. Tourism-related jobs can be cre- plan, on behalf of our relief efforts, a times, it simply isn’t enough to try to ated simply by spreading the word trustee, along with an inspector gen- stimulate domestic spending by pass- about the wonderful destinations that eral, along with a board of advisers, to ing one massive spending bill after an- are literally scattered across the work in partnership with the Haitian other. We need to incentivize tourists United States of America, and we can Government to make sure the money is from across the world to visit the truly do it without raising taxes on hard- spent wisely. We cannot just send bil- unique destinations across America. working American families or by lions of dollars into Haiti and let the From one coast of this country to the digging ourselves even further into money evaporate in short-term solu- other, there are endless opportunities debt. tions. There needs to be a long-term to tour historic sights, take advantage Unfortunately, the United States has sustainable plan. of recreational opportunities, observe dropped the ball when it comes to tour- Second, we have to provide funds to great architecture, visit theme parks, ism and the industry has been virtually the Haitian people directly. Small dine in some of the finest restaurants left behind. Declines in visits to the businesses need microloans so they can in the world, view natural and man- United States since 2000 have cost our provide jobs for the people of Haiti. We made miracles, and soak up everything country an estimated $500 billion in can’t just give the money to third- that is so uniquely found in America. lost spending and at least $30 billion in party contractors. We all know we live in the best country lost tax receipts. Third, we have to be focused on this in the world. Now is the time for people My speech today is not all gloom and orphan issue. We have to make sure it across the world to enjoy all we have doom, however. Instead, I stand here to is done legally, and where it is done le- to offer while repairing our economy at offer a solution, a solution that can gally, we have to make sure we get the same time. help get our hard-hit tourism industry those children to their adoptive par- My colleague from North Dakota, back on its feet. What we need is a ents as quickly as possible. Senator DORGAN, understands the im- comprehensive strategy coordinated by Fourth, we have to make sure Port- portance of reasserting our tourism in- public-private partnerships between au-Prince is not the center of the en- dustry on the world stage. Together, he the Government and the expert leaders

VerDate Nov 24 2008 03:36 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\RECORD10\S25FE0.REC S25FE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S770 CONGRESSIONAL RECORD — SENATE February 25, 2010 from our travel and tourism industry. segment of our economy, and it will The Travel Promotion Act is going to This effort needs to center on a major help heal local economies around our help us do that. initiative that will make the wonderful country. This will, in turn, greatly ad- Let me remind folks, if you watch destinations throughout our great vance our overall economy at a time the Olympics, ask yourself these ques- country known to foreign audiences. when we cannot afford to turn away tions when those commercials about Actually, we do not want them to just the potential of hundreds of billions of British Colombia come on: Does that be aware of these magnificent places. dollars. make you more or less likely to go, es- We want them to feel compelled to With domestic travel and convention pecially if you can afford it? I think visit them. travel down, overseas travel could be the answer is pretty obvious. They September 11, 2001, forever changed the silver lining we all need. At a time make an attractive case to visit their our country and the security measures when our country faces record deficit country. along with it. But we need to teach po- and spending levels, I know this money This is the United States of America, tential visitors about the new security may seem like a lot. Believe me when with some of the most beautiful, in- policies of today so they can travel to I say to you that I take my pledge of credible places to see. Are you telling and from our country with ease. fiscal responsibility very seriously. I me we cannot advertise this in a way The bottom line is, the United States vote against spending bills that come that makes people want to come here? stands to make great gains economi- across this floor all the time because Of course we can. We can have tourism cally and diplomatically if we they simply are an irresponsible waste boosted like never before in this coun- strengthen our travel and tourism in- of hard-earned taxpayer dollars. How- try and all Americans will benefit by dustry. So how do we go about doing ever, this bill is a responsible use of doing that because when foreign trav- this? The Travel Promotion Act which dollars. It does not apply a government elers come here, they spend money, is before us today would create a pub- spending bandaid to tough economic boost the economy, and boost every lic-private corporation for travel pro- situations. It creates a solution that single State in this country. motion to promote the United States will greatly benefit our economy, and I encourage this Senate to pass this as a travel destination to overseas it does it without taxpayer dollars. bill as quickly as possible and get it travelers. This corporation would de- The Travel Promotion Act, which has over to the President for signature so velop and execute a plan to do the fol- the overwhelming support of Demo- we can get on with boosting the econ- lowing: It would promote the United crats and Republicans alike, is a rel- omy. States to foreign travelers by using co- I yield the floor. atively small investment that will sig- ordinated advertising campaigns and The PRESIDING OFFICER. The Sen- nificantly boost our economy, create other promotional activities, similar ator from Virginia is recognized. jobs, and make us more competitive in to what we see in the Olympics with Mr. WEBB. Mr. President, may I ask the world. The bill will not increase Canada; the corporation would identify what is the pending business before the the deficit. This bill does not increase and correct misperceptions about U.S. Senate? the deficit. But it could spur billions in travel policies; it would also help pro- The PRESIDING OFFICER. The trav- vide travel information to foreign visi- additional economic activity, bene- el promotion bill. tors to the United States such as infor- fiting Americans all around the coun- Mr. WEBB. I ask unanimous consent mation about entry requirements, fees, try. to speak for 5 minutes as in morning The Congressional Budget Office— and documents; and last, the corpora- business. nonpartisan, the official scorekeeper tion would focus its efforts to ensure The PRESIDING OFFICER. Without around here—confirms it will not place that all 50 States benefit from overseas objection, it is so ordered. any additional burden on the taxpayer. tourism, including areas not tradition- KENNAN NOMINATION People across my State and across the ally visited by international travelers. Mr. WEBB. Mr. President, I would Understand this, no taxpayer funds country have had to make difficult de- like to speak for a few minutes on be- would be used to finance the corpora- cisions when it comes to their own half of Justice Barbara M. Kennan, who tion for travel promotion. Let me re- families’ budgets. In fact, the legisla- is the nominee to serve on the Fourth peat that. No taxpayer funds would be ture in my home State of Nevada is Circuit Court. I respectfully request, in used to finance the corporation for coming to terms with steep spending the name of good governance and the travel promotion. All the funding cuts and slashing services across the proper functioning of our constitu- would come from private industry and board as we speak, in a special session, tional system, that our colleagues on from user fees paid by some inter- because it is too far in the hole to sus- the other side of the aisle allow a national visitors. This would finally tain the current spending spree. So prompt vote on her nomination. put the United States on equal footing Americans are looking to us to boost Justice Kennan was voted out of with many other developed countries. the economy and so far we have not committee in October of last year by a This legislation would be a true life- been able to do that. unanimous voice vote. Her nomination line to my home State of Nevada, Yes, we have spent money—and a lot is noncontroversial. She has been a which depends so heavily on travel and of money at that, in fact—but our eco- dedicated public servant, a fair and tourism. I mentioned earlier my State nomic situation remains the same. I balanced jurist, and her nomination was one of the hardest hit. But I do not am asking that we look to the tourism has had broad bipartisan support. I be- think that description does the situa- industry as a lifeline for our economy, lieve it is critical that we move for- tion in Nevada justice. The tourism in- as I know it will be for my State and ward as quickly as possible to confirm dustry in Nevada, especially Las Vegas, for so many others. The Travel Pro- her nomination. has truly been crippled by the econ- motion Act will be that lifeline. It will There are currently four vacancies on omy. Nevadans who were already create jobs, create opportunity, and the Fourth Circuit, more than any struggling through home foreclosures show the world the beauty and the di- other circuit. The seat that Justice have been forced to carry the burden of versity of America. Kennan would fill has been vacant for the downturned economy. Taxicab Each one of us, who together rep- more than 2 years. Justice Kennan is drivers, valets, housekeepers, waiters resent all 50 States, knows we have in- an extraordinary choice to fill this va- and waitresses and construction work- credible places to show the rest of the cancy. She has been a State supreme ers are drowning in this recession be- world. My home State of Nevada is ac- court justice since 1991. She has been a cause Americans are not traveling like tually the gateway to the Grand Can- trailblazer for women in the law they used to. These workers are barely yon, which is located in Arizona. We throughout her career. At the age of 29, keeping their heads above water and have Lake Tahoe. We have, obviously, she was the first female general dis- some are not even able to do that. Las Vegas. We have so many other trict court judge in Virginia when she They are losing their homes, which has places to visit around our great State. was selected for the Fairfax County truly annihilated the housing market But every single Senator could tell bench. That was in 1980. She became in my State. those stories. What we need to do is the first female circuit court judge Boosting overseas travel will provide tell them in a way that makes foreign when she was promoted to that court for growth in an otherwise shrinking travelers want to come to America. in 1982.

VerDate Nov 24 2008 03:36 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\RECORD10\S25FE0.REC S25FE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE February 25, 2010 CONGRESSIONAL RECORD — SENATE S771 In 1985, she was 1 of 10 judges named The PRESIDING OFFICER (Mrs. As I address this Chamber today, we to the First Virginia Court of Appeals SHAHEEN). Without objection, it is so stand on the verge of correcting the and the only woman when that court ordered. oversights of the past century and get- was created. She was selected for the Mr. BURRIS. Madam President, I ask ting these people the help they need. State Supreme Court, the second fe- unanimous consent to speak as in Legislation has been written, amended, male justice ever to serve there, in morning business. and rewritten. We have compromised 1991. She was, in fact, the first judge to The PRESIDING OFFICER. Without and compromised again. Each Chamber have served on all four levels of Vir- objection, it is so ordered. of the Congress has passed a com- ginia’s courts. HEALTH CARE REFORM prehensive bill. Neither bill is perfect I also would like to point out when Mr. BURRIS. Madam President, as I but both represent significant progress. Governor McDonnell was recently address this Chamber, President We are so close to doing this. Now is sworn into his office, he specifically re- Obama is hosting the leaders of both the time to finish the journey. quested that Justice Kennan deliver political parties in a summit on the Late last year, both the House and him the oath of office. There is a wide issue of health care reform. He has Senate voted for health care reform bipartisan consensus inside Virginia asked for all serious proposals to be with a strong voice and a clear major- about the quality of this nominee, and brought to the table, once and for all, ity. At this point, we have only to rec- I am very hopeful we can move forward in an effort to bridge the gap between oncile the differences between these in an expeditious way. the House and Senate legislation and two bills. Just this week, President I am mindful of the Senate’s con- pass a final bill. He even provided his Obama released his detailed proposal stitutional role in confirming execu- own proposal for how we can reconcile outlining exactly how we can get this tive nominations. It is vitally impor- these bills with one another. done. I urge my colleagues from both tant, and a robust vetting process and I thank the President for his leader- Chambers and from both parties to debate is appropriate. We have con- ship on this issue and his continued strongly consider this option. ducted, inside Virginia in our delega- commitment to the issue of health care Regardless of how we choose to pro- tion, that kind of vetting process reform. I am glad he has called Repub- ceed after today’s bipartisan health which resulted in Justice Kennan’s licans and Democrats to the table once care summit, let us come away with a name being moved forward. again in yet another effort to reener- definite plan of action. Let us come In the spirit of pragmatic bipartisan- gize this debate and move forward on away with a plan to get this done, a ship and good governance, I believe it behalf of the American people. I re- is time to move past these procedural main confident that we can still get plan that includes competition, cost delays that seem to infect us and get this work done. That is why I have savings, and accountability. It is time to realize the promise of on with the business of governing. come to the floor today: to reaffirm my the last 100 years. I urge my colleagues I would like to point out that out of commitment to comprehensive health to finish the fight that Teddy Roo- 876 Federal judgeships, there are now care reform and to urge my colleagues sevelt first waged more than a genera- 100 vacancies. These delays affect the to join with our President and the lead- tion before any of us were born. Now is administration of justice. These vacan- ership of our respective parties to find not the time to lose our nerve. Now is cies delay the resolution of disputes a real solution. In fact, I recently and they diminish our citizens’ rights joined many of my colleagues in sign- the time to act with conviction. Let’s to a speedy trial. It is my under- ing a letter urging this Senate to pass not allow the obstructionist tactics of standing that Justice Kennan has a bill that includes a public option— a few to undermine legislation that broad support in this body. The vote in something everyone in this room garnered 60 votes in this Chamber and the Judiciary Committee is evidence of knows I have supported since the be- 220 votes in the House. I refuse to ac- that. In fact, I will be very surprised if ginning of this long debate. No matter cept that a handful of ‘‘no’’ votes can any Senator were to vote against her what comes out of this afternoon’s invalidate 280 votes. I refuse to accept confirmation. Again, I am asking my summit, I will judge our final proposal that the minority party can stifle the colleagues on the other side of the aisle based on its ability to acknowledge voices of millions of Americans and if they might allow this nomination to three goals—the same three goals I hundreds of Members of Congress who advance in a timely way. have called for time and again over the have demanded that we win this fight. I yield the floor and suggest the ab- past several months. I call upon my colleagues in both sence of a quorum. Our reform bill must restore com- Chambers to look past our differences The PRESIDING OFFICER. The petition to the insurance market, it and carry out the will of the American clerk will call the roll. must give us the tools to hold insur- people. They sent Democrats to Con- The assistant legislative clerk pro- ance companies accountable, and it gress with the largest majority in dec- ceeded to call the roll. must provide real cost savings to the ades. They elected a President who has Mr. KAUFMAN. Mr. President, I ask American people. I am confident we pledged himself to this cause. unanimous consent that the order for can pass a measure that is capable of As far as the American people are the quorum call be rescinded. meeting these goals. I remain con- concerned, this debate was over a long The PRESIDING OFFICER. Without fident that after nearly a century of in- time ago. This issue has carried the objection, it is so ordered. action, the American people demand day. This is the measure that the Mr. KAUFMAN. Mr. President, I ask and deserve nothing less. American people voted for in 2008 and, unanimous consent to speak as in Every President, every Congress, my fellow Democrats, this is what our morning business. every ordinary citizen in the past 97 party is all about. Now is not the time The PRESIDING OFFICER. Without years has had to wrestle with a health to shrink from the fight but to engage objection, it is so ordered. in it. Now is not the time to falter or Mr. KAUFMAN. Thank you. care system that is broken and inad- to second-guess the wisdom of the folks (The remarks of Mr. KAUFMAN per- equate, a system that our predecessors taining to the introduction of S. 3043 consistently failed to fix; a system that who sent us here. Now is the time to are printed in today’s RECORD under has deteriorated badly over the last take bold action, to forge ahead, to ‘‘Statements on Introduced Bills and few decades and that remains unwor- carry forward the ideas and principles Joint Resolutions.’’) thy of this great Nation. Today, 47 mil- of our party by delivering real results Mr. KAUFMAN. Mr. President, I lion Americans are without health in- and delivering for the American people yield the floor and suggest the absence surance and 88 million do not have sta- a health care plan that will give them of a quorum. ble coverage. As a result of our broken protection and not see their premiums The PRESIDING OFFICER. The system, 45 million Americans die every going up 39 percent and 40 percent. clerk will call the roll. single year because they had no health Comprehensive health care reform The bill clerk proceeded to call the insurance. These shocking facts should will extend quality coverage to 31 mil- roll. never be far from our minds as we de- lion Americans. It will reduce pre- Mr. BURRIS. Madam President, I ask bate these issues. They are more than miums and prevent insurance compa- unanimous consent that the order for statistics; they are ordinary Americans nies from abusing their customers or the quorum call be rescinded. who desperately need our help. discriminating against people who get

VerDate Nov 24 2008 03:36 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\RECORD10\S25FE0.REC S25FE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S772 CONGRESSIONAL RECORD — SENATE February 25, 2010 sick. Can my colleagues imagine: You ing worldwide economy. And when in northern Nevada and in southern Ne- get sick and think you have coverage tourism in Nevada hurts, the entire vada, have had some devastating today and then they cancel your policy State suffers. floods, not often but we have them. and you have no coverage. The major- Hardworking people have lost their Highway funding, this costs nothing, ity leader stood on the floor yesterday jobs. The State’s budget has taken a what we are doing here, the extension and told the story about the young kid major hit. Because that budget is costs zero. SBA business loans, this with the cleft lip where the father paid largely funded by tourism, funding for costs $60 million to allow the SBA to $90,000 because the insurance company vital programs in our State are at risk. continue processing programs to allow canceled the policy because the kid But Nevada is not alone. Its problem people who want to have a business to was born with a cleft lip. That is un- is not unique. Tourism is one of the top get a few dollars so they can continue conscionable. We in this country industries in nearly every State in the or start a new business. We are not should not tolerate it. country and one of the largest employ- going to be able to do this because it The Senate bill could even cut the ers in America. expires at the end of this month; small Federal deficit by about $1 trillion over That is why this bill is so important. business provisions of the Recovery the next two decades. I ask my col- This is an opportunity not only to give Act, the same thing; poverty guide- leagues: What are we waiting for? This American tourism a boost, but it is one lines, these things cost nothing basi- is about values, not politics. Our coun- of the many ways we are working to cally nothing; the SGR, it is my under- try deserves better, so let’s make it create jobs and help our economy re- standing about $1 billion is being asked happen. cover. for here. I think it is such a shame that In politics, it is easy to find excuses. The concept behind it is simple: It we don’t get this done. The big ones, It is easy to wait, to delay, to place says, let’s create jobs and reduce the though, from my perspective, are the blame on another and throw up our deficit. It is a win-win for the economy poor. We have people who weren’t poor hands. That is not leadership. That is of every State and our national econ- who are now poor because they have not what the American people have omy alike. been unemployed for so long. This will called upon us to do and it is far less And it is a bipartisan bill that take terminate on Monday. I talked to the than they deserve. The American peo- the strategies that have made Las Presiding Officer. In just a matter of ple have been waiting for 100 years, and Vegas such a success and brings them weeks, 65,000 people in Illinois will no I, for one, think that is quite long to our entire Nation’s tourism indus- longer be able to draw these benefits. enough. try. In the State of Nevada, which is not as I say to my colleagues: It is time for This week, the U.S. Travel Associa- us to lead. It is time to take up the heavily populated as Illinois, thou- tion called the last 10 years a ‘‘lost dec- sands of people who have been unem- mantle of Teddy Roosevelt and, yes, ade’’ for tourism. It cost us half a mil- Teddy Kennedy, and everyone in be- ployed for long periods of time—and I lion jobs and half a billion dollars in repeat, they started out in this busi- tween. Because this isn’t just about lost spending. This bill will turn that health care; it is about creating jobs, ness not being poor; they are poor around. now—it would be a shame not to give helping small businesses, and keeping The travel promotion bill is a jobs them those moneys. America on the road to economic re- bill. It is about creating jobs, it is covery. These issues are not separate My friend, the distinguished Senator about growing our economy and it is from Kentucky, is going to say: Pay for as some would have us believe. They about keeping the United States com- are tied inextricably together. Fixing all this. As I have gone through every- petitive in the world travel business. thing we have talked about, it doesn’t the American health care system will UNANIMOUS CONSENT REQUEST—H.R. 4691 reduce the deficit, make it easier for cost much money. Unemployment com- I ask unanimous consent that the pensation does. It costs a lot of money. small businesses to meet expenses, cre- Senate proceed to the consideration of ate jobs, and provide health coverage We have millions of people who are un- H.R. 4691, which is a 30-day extension of employed. In years past, when we to more Americans than ever before. provisions which expire on Sunday, The way I see it, we cannot afford to wanted to extend unemployment bene- February 28—they are an unemploy- fits, it was an emergency, a declared wait any longer. ment insurance extension; COBRA, So let us act with a strong, united emergency historically in this body. health insurance for the unemployed; voice. I urge my colleagues to join me Why? Because it is an emergency. We flood insurance; the Satellite Home in passing a final health care bill and have rules in effect, pay-go rules we Viewer Act; highway funding; SBA sending it to President Obama as soon have passed. Of course, we can look to business loans and small business pro- as possible. Yesterday would have been that as a step forward. But that doesn’t visions of the American Recovery Act; all right. Let’s win this fight. Let’s mean we don’t have emergencies. SGR, which is the so-called doctor fix; stand up for what we believe in and I would also say that COBRA—what and poverty guidelines—received from succeed where our predecessors came is COBRA? It is a program to help peo- the House and at the desk; that the bill up short. The stakes are too high to ple who are out of work or who lose be read three times, passed, and the settle for anything else. their jobs get insurance. motion to reconsider be made and laid I say to my colleagues, and to those Anyway, I say to my friend from on the table. who are meeting today with the Presi- Kentucky, I would hope that for the This matter passed the House unani- dent, we must come up and out of this people I have described who are just mously today. The reason it passed the summit with a plan that is going to wanting us to do our work, we can get House unanimously today, if we don’t give health insurance to the people of that done. I hope my friend would not do something about this, all around America not tomorrow, not next week, object to this. America, about 11⁄2 million people who but right now. The PRESIDING OFFICER (Mr. DUR- Thank you, Madam President. I yield will be watching TV will no longer BIN). Is there objection? the floor, and I note the absence of a watch TV. This is mostly in rural areas Mr. BUNNING. Mr. President, I ob- quorum. of America, rural areas of Nevada. I ject. The PRESIDING OFFICER. The guess we could be hard-hearted and say The PRESIDING OFFICER. Objec- clerk will call the roll. they don’t need to watch TV, but in tion is heard from the Senator from The bill clerk proceeded to call the Nevada we have very harsh winters in Kentucky, Mr. BUNNING. roll. many parts of the State. For many of The majority leader. Mr. REID. I ask unanimous consent these people, the only way they can get UNANIMOUS CONSENT REQUEST—H.R. 4691 that the order for the quorum call be information is through television. It Mr. REID. I ask unanimous consent rescinded. could lead to some very serious prob- that the Senate now proceed to H.R. The PRESIDING OFFICER (Mr. lems. If we talk about flood insurance, 4691 and that the Reid of Nevada sub- BURRIS). Without objection, it is so or- even though Nevada is a very dry stitute amendment which is the desk dered. State, this is something we need to do be considered read; that the Republican Mr. REID. Mr. President, Nevada’s for States where we have all kinds of leader or his designee be recognized to tourism has been hit hard by the slow- problems with floods all the time. We, offer a substitute amendment, and

VerDate Nov 24 2008 03:36 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\RECORD10\S25FE0.REC S25FE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE February 25, 2010 CONGRESSIONAL RECORD — SENATE S773 there be 60 minutes of debate with re- The PRESIDING OFFICER. Objec- that upon the use of that time, the spect to that amendment, with the tion is heard by the Senator from Ken- Senate then proceed to vote on the time equally divided and controlled be- tucky, Mr. BUNNING. DeMint motion; that if the DeMint mo- tween the leaders or their designees; Mr. BUNNING. Mr. President, may I tion is successful, then the amendment that upon the use or yielding back of now speak and propose a unanimous be agreed to, and the motion to concur that time, and if a budget point of consent? First of all, let me say this to with the amendment be agreed to; that order is made against the amendment, my good friend from Nevada. I have if the DeMint motion fails, then no a motion to waive the relevant point of worked all day trying to work out a other motions or debate be in order; order be considered made, and the Sen- compromise, anywhere from 2 to 4 that the motion to concur with an ate then vote on the motion to waive weeks on this UC, trying to get it paid amendment be withdrawn, and the Sen- the point of order; that if the waiver is for, for the time of the extension. We ate then proceed to vote on the Reid of successful, the amendment be agreed to were very close. We tried to get agree- Nevada motion to concur in the House and the Reid substitute, as amended, ment using different pay-fors than amendment to the Senate amendment be agreed to; that if the waiver fails, what I am going to propose. But in the to the bill, H.R. 1299. the amendment be withdrawn; further, final analysis, it came down to, when The PRESIDING OFFICER. Is there that there be 30 minutes for debate the White House summit adjourned, objection? with respect to the Reid substitute the leader came back and it was going Without objection, it is so ordered. amendment, with the time equally di- to be his way and no one else’s way. Mr. REID. Mr. President, we expect vided and controlled between the lead- That is what it turned into. I am going to have three votes here tonight. As ers or their designees; that upon the to propose a 30-day extension with an soon as those are done, we will not use or yielding back of that time, and offset. So I am as anxious to get those have another vote until Tuesday, but it if a budget point of order is made same provisions he has brought up—the will be in the morning. against the amendment, a motion to COBRA, flood insurance, Satellite CLOTURE MOTION waive the relevant point of order be Home Viewer Act, highway funding, The PRESIDING OFFICER. Under considered made, and the Senate then SBA provisions, American Recovery the previous order, pursuant to rule vote on the motion to waive the point Act, SGR, poverty guidelines. I wish to XXII, the Chair lays before the Senate of order; that if the waiver is success- get them renewed also. the pending cloture motion, which the ful, the Senate proceed to vote on UNANIMOUS CONSENT REQUEST—H.R. 4691 clerk will state. adoption of the Reid substitute amend- So, Mr. President, I ask unanimous The bill clerk read as follows: ment; further, that no further amend- consent that the Senate proceed to the CLOTURE MOTION ments, motions, except a motion to re- immediate consideration of H.R. 4691; We, the undersigned Senators, in accord- consider a vote, or debate be in order; that the amendment at the desk, which ance with the provisions of rule XXII of the that upon disposition of the Reid sub- offers a full offset, be agreed to, the Standing Rules of the Senate, hereby move stitute amendment, the bill, as amend- bill, as amended, be read a third time to bring to a close debate on the motion to ed, be read a third time; and following and passed, and the motion to recon- concur in the House amendment to the Sen- the reading by the clerk of the budg- sider be laid upon the table. ate amendment to H.R. 1299, the United etary effects of the pay-go legislation The PRESIDING OFFICER (Mr. States Capitol Police Administrative Tech- with respect to H.R. 1586, the Senate BURRIS). Is there objection? nical Corrections Act. proceed to vote on passage of the bill, The majority leader is recognized. Harry Reid, Byron L. Dorgan, Russell D. Mr. REID. Mr. President, reserving Feingold, Patrick J. Leahy, Daniel K. as amended; that upon passage, the Inouye, Kay R. Hagan, Jeff Bingaman, title amendment, which is at the desk, the right to object, there probably has Robert Menendez, Richard J. Durbin, be considered and agreed to. never been a time in the history of our Jack Reed, Mark Begich, Patty Mur- Before my friend from Kentucky country when we had economic condi- ray, Bernard Sanders, Robert P. Casey, makes his feelings known, let me say tions that are like they are today—un- Jr., Barbara Boxer, Jon Tester, John D. this. This is something we worked out employment all over this country aver- Rockefeller IV. yesterday. When I say ‘‘we,’’ that aging some 10 percent; some States as The PRESIDING OFFICER. By unan- means Democrats and Republicans, all high as 14 percent. If there were ever imous consent, the mandatory quorum except one Senator. What this agree- an emergency with our economy, it is call has been waived. ment allows is for all the provisions in tonight, it is today. And to think we The question is, Is it the sense of the this, these extensions be paid for out of are not going to declare this an emer- Senate that debate on the motion to the stimulus or the economic recovery gency? concur in the House amendment to the money. That is a fair vote. Some peo- Millions of people are unemployed, Senate amendment to H.R. 1299, the ple want to do that. Let’s vote on it. millions of people have been unem- United States Capitol Police Adminis- We know what the rules are. We are ployed for long periods of time and trative Technical Corrections Act, sent here to vote. We are not sent here their unemployment benefits are run- shall be brought to a close? to object. When 99 Senators want some- ning out. They are not able to buy The yeas and nays are mandatory thing done, it is not right for one Sen- their health insurance because the pro- under the rule. ator to hold it up. My friend has that gram is going to expire on Monday. The clerk will call the roll. right. But it is a real problem for so The Senate has a history of treating The assistant legislative clerk called many different people. I would hope we unemployment benefits as an emer- the roll. could have a vote. We can do it tonight gency. No one, I repeat, can argue that Mr. DURBIN. I announce that the and move on to other things. the current economic downturn does Senator from New Jersey (Mr. LAUTEN- not represent a grave emergency. So, The PRESIDING OFFICER. Is there BERG) and the Senator from Virginia Mr. President, I am forced to object. objection? (Mr. WARNER) are necessarily absent. The PRESIDING OFFICER. Objec- Mr. BUNNING. Reserving the right to Mr. KYL. The following Senators are tion is heard. necessarily absent: the Senator from object, I just wish to make sure I am The majority leader is recognized. Texas (Mrs. HUTCHISON) and the Sen- objecting to the right motion. In the Mr. REID. Mr. President, I now ask ator from Oklahoma (Mr. INHOFE). third-to-last sentence, the leader used, unanimous consent that notwith- The PRESIDING OFFICER. Are there in my opinion, the wrong number. He standing rule XXII, the cloture vote on any other Senators in the Chamber de- used H.R. 1586. the motion to concur in the House siring to vote? Mr. REID. Mr. President, the Senator amendment to the Senate amendment The yeas and nays resulted—yeas 76, from Kentucky is right. I have it writ- to H.R. 1299 occur at 7:50 p.m. tonight— nays 20, as follows: ten here. 3 minutes from now—that if cloture is Mr. BUNNING. It should be 4691. invoked, then all postcloture time be [Rollcall Vote No. 26 Leg.] Mr. REID. That was my mistake. I considered yielded back, Senator YEAS—76 appreciate the Senator catching that. DEMINT then be recognized for up to 10 Akaka Baucus Begich Mr. BUNNING. I object. minutes to move to suspend the rules; Alexander Bayh Bennet

VerDate Nov 24 2008 03:36 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\RECORD10\S25FE0.REC S25FE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S774 CONGRESSIONAL RECORD — SENATE February 25, 2010 Bennett Hagan Nelson (NE) from industries back home about what serious consideration for possible man- Bingaman Harkin Nelson (FL) the EPA standards are doing. Busi- agement options, and that no decisions Bond Hatch Pryor Boxer Inouye Reed nesses don’t know what to expect, nor have been made about which areas, if Brown (OH) Isakson Reid do local communities. I had an engine any, might merit more serious review Burris Johanns Rockefeller company in my office today that said and consideration. Byrd Johnson Sanders orders were on hold until they find out I don’t think it makes sense to try to Cantwell Kaufman Schumer Cardin Kerry Shaheen what the EPA is going to do. I have legislate every time an article appears Carper Klobuchar Snowe also had people in my office in the last in a newspaper. I would observe that Casey Kohl Chambliss Landrieu Specter week talking about the FCC and the even the document in question that Cochran Leahy Stabenow coming ruling on expanding control was leaked to certain Members of Con- Collins LeMieux Tester over the Internet—one place in our gress states that ‘‘further evaluations Thune Conrad Levin economy that continues to boom with should be completed prior to any deci- Dodd Lieberman Udall (CO) Dorgan Lincoln Udall (NM) innovation. sion, including an assessment of public Durbin Lugar Vitter There is one thing that just leaked and Congressional support,’’ and Sec- Ensign McCaskill Voinovich out that I want to bring to your atten- retary Salazar has publicly stated his Feingold Menendez Webb tion. We need to try to halt that to- Feinstein Merkley Whitehouse view that new designations and con- Franken Mikulski Wicker night before it is too late. A whistle- servation initiatives work best when Gillibrand Murkowski Wyden blower at the Department of the Inte- they build on local efforts. So I think Graham Murray rior leaked a document that shows that any attempt to legislate at this NAYS—20 they are considering using the Antiq- time is very premature. Barrasso Cornyn McCain uities Act to grab over 10 million acres Apart from the substantive problems Brown (MA) Crapo McConnell of land in nine Western States and ba- with the proposed DeMint amendment, Brownback DeMint Risch sically take them offline of jobs for the travel promotion bill is not the ap- Bunning Enzi Roberts mining, forestry, and energy. This in- Burr Grassley Sessions propriate legislation to consider this Coburn Gregg Shelby cludes Nevada, Utah, Montana, New issue, and waiving the Senate rules to Corker Kyl Mexico, California, Arizona, Oregon, allow for consideration of an amend- NOT VOTING—4 Colorado, and Washington. It is impor- ment that would not otherwise be in Hutchison Lautenberg tant that we stop this and at least have order is, in my view, not appropriate. Inhofe Warner some Senate hearings on what they are For these reasons, I oppose the mo- The PRESIDING OFFICER. On this trying to do. tion to suspend rule XXII. vote, the yeas are 76, the nays are 20. This is a priority for what we are The PRESIDING OFFICER. The Three-fifths of the Senators duly cho- talking about today because the Presi- question is on agreeing to the motion. sen and sworn having voted in the af- dent and the Congress have said our The clerk will call the roll. firmative, the motion is agreed to. top priority is jobs. This action by the The bill clerk called the roll. Interior Department will hurt jobs. It The majority leader is recognized. Mr. DURBIN. I announce that the will dry up tax revenues in local com- Senator from New Jersey (Mr. LAUTEN- UNANIMOUS CONSENT AGREEMENT munities and States. It will restrict en- BERG) and the Senator from Virginia Mr. REID. Mr. President, I ask unan- ergy supplies in this country. (Mr. WARNER) are necessarily absent. imous consent that following the re- Mr. President, all I am asking is that marks of Senator DEMINT, his vote and we suspend the rules, which require 67 Mr. KYL. The following Senators are the next vote be 10 minutes in dura- votes, and vote on this amendment to necessarily absent: the Senator from tion. stop the Department of the Interior Texas (Mrs. HUTCHISON) and the Sen- The PRESIDING OFFICER. Without from taking over over 10 million acres ator from Oklahoma (Mr. INHOFE). objection, it is so ordered. of land and hurting our economy and The PRESIDING OFFICER (Mr. Cloture having been invoked, the mo- jobs. FRANKEN). Are there any other Sen- tion to refer falls. I promised the leader I would keep it ators in the Chamber desiring to vote? Under the previous order, all to less than 10 minutes. I encourage ev- The yeas and nays resulted—yeas 38, postcloture time is yielded back. erybody to support this motion I am nays 58, as follows: The Senator from South Carolina, getting ready to make. [Rollcall Vote No. 27 Leg.] Mr. DEMINT, is recognized for up to 10 Mr. President, I move to suspend the YEAS—38 minutes. provisions of rule XXII, including ger- Barrasso Crapo McConnell Mr. DEMINT. Mr. President, I know maneness requirements, for the pur- Baucus DeMint Murkowski many here are very anxious to start a pose of proposing and considering my Bennett Ensign Nelson (NE) new government agency, and I won’t amendment, which is at the desk, and Bond Enzi Risch hold you up for very long. Brown (MA) Graham Roberts I ask for the yeas and nays. Brownback Grassley Sessions It is important that we recognize The PRESIDING OFFICER. Is there a Bunning Hatch Shelby some things that are happening. There sufficient second? There is a sufficient Burr Isakson Tester Chambliss Johanns is probably one good thing we can do Thune second. Coburn Kyl Vitter tonight—maybe—to stop the landslide The yeas and nays were ordered. Cochran LeMieux Voinovich of more government control. In the Corker Lugar Mr. BINGAMAN. Mr. President, I rise Wicker last year—a little over a year—we have in opposition to the motion of the Sen- Cornyn McCain seen this Federal Government take ator from South Carolina to suspend NAYS—58 over two of our largest auto companies, rule XXII and offer an amendment to Akaka Feinstein Mikulski our largest mortgage company, our prohibit the establishment of national Alexander Franken Murray largest insurance company, and expand monuments under the Antiquities Act Bayh Gillibrand Nelson (FL) Begich Gregg its control on America’s domestic en- or any other law. Pryor Bennet Hagan Reed ergy sources, and, of course, we had the I understand that the proposed Bingaman Harkin Reid debate on trying to expand control of amendment is in response to allega- Boxer Inouye Rockefeller health care. tions that a portion of an internal Brown (OH) Johnson Sanders Burris Kaufman Schumer We are expecting, very soon, a new fi- planning memo at the Department of Byrd Kerry Shaheen nancial reform package that will ex- the Interior identified several areas Cantwell Klobuchar Snowe pand Federal control everywhere from throughout the country as areas that Cardin Kohl Carper Landrieu Specter Wall Street to the local pawnshop. may be appropriate for potential na- Casey Leahy Stabenow While these big things are coming in tional monument consideration. Collins Levin Udall (CO) front of us, there are things happening The Secretary of the Interior has Conrad Lieberman Udall (NM) in the executive branch that are cir- stated that the document was simply a Dodd Lincoln Webb Dorgan McCaskill Whitehouse cumventing Congress, and that should brainstorming exercise to identify sites Durbin Menendez Wyden concern us. A lot of you have heard on public land that might merit more Feingold Merkley

VerDate Nov 24 2008 03:36 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\RECORD10\S25FE0.REC S25FE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE February 25, 2010 CONGRESSIONAL RECORD — SENATE S775 NOT VOTING—4 the number of international visitors Gillibrand Levin Sanders Graham Lieberman Schumer Hutchison Lautenberg between January and November of 2009 Hagan Lincoln Shaheen Inhofe Warner fell by 7.2 percent compared to the Harkin Lugar Snowe The PRESIDING OFFICER. On this same period during 2008. Hatch McCaskill Specter vote, the yeas are 38, the nays are 58. Both developing countries and indus- Inouye Menendez Stabenow Isakson Merkley Tester Two-thirds of the Senate voting, a trialized economies around the world Johanns Mikulski Thune quorum being present, not having have ministers and offices that pro- Johnson Murkowski Udall (CO) voted in the affirmative, the motion is mote travel to their respective coun- Kaufman Murray Udall (NM) Kerry Nelson (NE) Vitter rejected. tries. However, the United States does Klobuchar Nelson (FL) Voinovich Under the previous order, the motion not have an office that promotes travel Kohl Pryor Webb to concur with amendment No. 3326 is and tourism abroad. This legislation is Landrieu Reed Whitehouse withdrawn. an important first step in the right di- Leahy Reid Wicker LeMieux Rockefeller Wyden Mr. INOUYE. Mr. President, I am rection. Establishing an Office of Trav- pleased to join my colleagues in sup- el Promotion will help to attract for- NAYS—18 port of H.R. 1299, the Capitol Police Ad- eign travelers to the United States. Brown (MA) Cornyn McCain ministration bill, the legislative vehi- Brownback Crapo McConnell This will not only sustain our tourism Bunning DeMint Risch cle for the Travel Promotion Act of based industries, it reinforces business Burr Grassley Roberts 2009. relationships and promotes a better un- Coburn Gregg Sessions The Travel Promotion Act of 2009 derstanding between Americans and Corker Kyl Shelby will allow the United States to remain our friends abroad. Interacting with NOT VOTING—4 competitive as a welcoming destina- the American people is a valuable tool Hutchison Lautenberg tion for foreign travelers. Our ability at our disposal to dispel international Inhofe Warner to explain the processes and changes travelers of misconceptions they may The motion was agreed to. made by the United States to gain have about our country. Approxi- Mr. REID. Mr. President, I move to entry for travel will help to ease fears mately 74 percent of visitors have a reconsider the vote and to lay that mo- about the entry process. The proposed more favorable opinion of the United tion on the table. nonprofit, independent corporation States after visiting our country. The motion to lay on the table was charged with this responsibility will be The economic activity generated by agreed to. able to conduct the necessary outreach international travel and its promotion Mr. INHOFE. Mr. President, I have and promote tourism in a way that the should be approached in the same man- no real strong feelings about this bill tourism industry cannot. In addition, ner we foster other industries equally other than that I do not think this an Office of Travel Promotion will be important to jobs and the economy. country needs to create another cor- able to work with the Department of The Travel Promotion Act of 2009 is poration, a corporation that would be State and the Department of Homeland vital to our travel and tourism indus- authorized to impose an annual assess- Security to improve the entry process. try’s ability to compete globally, and ment on U.S. members of the travel Promoting the United States as an to restore confidence in the United and tourism industry represented on a attractive tourist destination for both States’ image as a country that is com- board of directors of the corporation leisure and business with international mitted to welcoming our friends from established in the Department of Com- visitors is of the utmost importance to abroad. I urge my colleagues to support merce, Office of Travel Promotion. I do the many States that house destina- this legislation, and help us ensure not believe we need another office in tion resorts. Consider the experience of that international business and leisure this bureaucracy, so I will be voting my own home State of Hawaii. Ha- travel to the United States is given all against this bill. I voted against it on waii’s economy largely relies on travel of the tools necessary to succeed. June 22 of last year, September 8 of and travel related business. Visitors The question is on agreeing to the last year, and September 9 of last year, from around the world come to see our motion to concur in the House amend- so my vote would have been the same islands’ natural beauty, and experience ment to the Senate amendment to H.R. this year. the spirit of ‘‘Aloha.’’ Our Nation’s hos- 1299. f pitality industry suffered a severe set- Mr. MENENDEZ. I ask for the yeas back following the events of September UNANIMOUS CONSENT and nays. AGREEMENT—H.R. 4213 11, 2001, and travel from abroad to the The PRESIDING OFFICER. Is there a Mr. REID. Mr. President, I ask unan- United States fell dramatically. sufficient second? It is not only the hospitality indus- imous consent that on Monday, March There is a sufficient second. try in Hawaii that suffers, but our 1, at 3 p.m., the Finance Committee be The clerk will call the roll. local businesses. The State of Hawaii discharged of H.R. 4213, an act to pro- The legislative clerk called the roll. boasts its beauty and environment, but vide for certain extenders; that once Mr. DURBIN. I announce that the many travelers to our State come to do the committee is discharged, the Sen- Senator from New Jersey (Mr. LAUTEN- business, which is sometimes obscured ate then proceed to its consideration; BERG) and the Senator from Virginia or overlooked because of Hawaii’s label that after the bill is reported, Senator (Mr. WARNER) are necessarily absent. as a tourist destination. The hospi- BAUCUS or his designee be recognized to Mr. KYL. The following Senators are tality industry’s employees rely on va- offer a substitute amendment, and once necessarily absent: the Senator from cationers and businessmen and women the amendment is reported by number Texas (Mrs. HUTCHISON) and the Sen- to provide for their families. The eco- it be considered read. ator from Oklahoma (Mr. INHOFE). nomic activity generated by this indus- Mr. President, prior to a ruling, I The PRESIDING OFFICER. Are there try continues to struggle during these would like to express my appreciation any other Senators in the Chamber de- financially challenging times. to the Republican leader and all those Hawaii’s experience is not unique. siring to vote? who worked so hard to get us to the The hospitality industry nationwide The result was announced—yeas 78, point we are at today and next week. continues to face similar challenges, nays 18, as follows: We should have a very good week next and the economic effects have rippled [Rollcall Vote No. 28 Leg.] week. Everyone should be ready for through the nation to impact all of our YEAS—78 some legislating. There will be a num- citizens. The State of Hawaii’s visitor Akaka Boxer Collins ber of amendments offered, some of statistics continue to reflect the down- Alexander Brown (OH) Conrad which I know, most of which I don’t Barrasso Burris Dodd ward trend. Preliminary travel data for Baucus Byrd Dorgan know what they will be. But a lot of 2009 indicate that there was an overall Bayh Cantwell Durbin work has gone into this very important 3.5 percent decline in the number of Begich Cardin Ensign legislation and, again, I express my ap- international visitors to the islands Bennet Carper Enzi preciation to the Republican leader and Bennett Casey Feingold compared to the number of inter- Bingaman Chambliss Feinstein others who worked so hard to get us to national visitors in 2008. Nationwide, Bond Cochran Franken where we are.

VerDate Nov 24 2008 03:36 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\RECORD10\S25FE0.REC S25FE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S776 CONGRESSIONAL RECORD — SENATE February 25, 2010 The PRESIDING OFFICER. Is there lies who have spent a lifetime building Most Senators have left for the objection? a small business are going to be denied evening, but some have stayed on the Without objection, it is so ordered. an opportunity to borrow money floor. I have asked them if they would The Senator from Illinois is recog- through the Small Business Adminis- like to say a word on this issue. They nized. tration because of the objection of the are going to go home and tell their peo- f Senator from Kentucky. ple back home there are going to be Let me say a word about COBRA. One some terrible things happening as of UNANIMOUS CONSENT REQUEST— of the first casualties of unemployment Sunday night because of the objection H.R. 4691 is health insurance. Sadly, many of of the Senator from Kentucky: 15,000 in Mr. DURBIN. Mr. President, I ask these people are in a position where my State, thousands in his own State unanimous consent that the Senate they do not qualify for Medicaid— and all across the country. proceed to the immediate consider- health insurance for the poorest peo- I am staying tonight to talk about ation of H.R. 4691, a 30-day extension of ple. So they find themselves without this because, frankly, I don’t think this provisions which expire on Sunday, health insurance for the first time be- ought to be business as usual. I don’t February 28—unemployment insurance, cause they are unemployed. We said, think one Senator ought to be able to COBRA, flood insurance, Satellite under President Obama’s Recovery heap this kind of suffering and misfor- Home Viewer Act, highway funding, Act, we are going to help you pay for tune on people who are already strug- SBA business loans and small business those premiums so you can continue to gling in this economy. If you wish to provisions of the American Recovery have health insurance for your family. take it out on somebody, take it out on Act, SGR and poverty guidelines—re- That expires Sunday night too. The ob- a colleague or a debate, but these are ceived from the House and at the desk; jection of the Senator from Kentucky helpless people out of work. means thousands of people across that the bill be read three times, Senator REID offered to the Senator passed, and the motion to reconsider be America will lose their health insur- from Kentucky an amendment—bring made and laid upon the table. ance. Because of his objection, they to the floor your theory on how to pay The PRESIDING OFFICER. Is there will lose it on Sunday night. for this. He has a theory. He wants to Workers who lose their jobs count on objection? pay for it with unexpended stimulus COBRA. And COBRA, frankly, is expen- The Senator from Kentucky. funds, as I understand it. He would sive. On average, COBRA coverage con- Mr. BUNNING. I object. have had his chance on the floor to sumes 84 percent of unemployment The PRESIDING OFFICER. Objec- make his case. He would have had a benefits. It is not cheap. The average tion is heard. rollcall at the end of the day. He might The Senator from Illinois. monthly unemployment benefit in Illi- nois is just over $1,300. The average have won, he might have lost, but he Mr. DURBIN. Mr. President, the Sen- came to the floor yesterday and said I ator has objected to extending unem- monthly family COBRA premium is over $1,100. Through the Recovery Act, am not going to fall for that. I may ployment benefits across the United lose this amendment and therefore I States of America which will expire on we said we would pick up 65 percent of that. Well, because of the objection of am going to object. Sunday night. He has also objected to That is the nature of things. It is like extending COBRA benefits, which is the Senator from Kentucky, if these people want to maintain their health when you pitch a ball game. Some- health insurance for the unemployed times you win and sometimes you lose. people across America. This has been insurance through unemployment, they are basically going to have to On the floor, sometimes you win—— done regularly, now that we are in this Mr. BUNNING. Do you know about recession, because millions of Ameri- turn to savings or give it up. Why? Why would we want to heap that? cans are out of work. We know there this kind of suffering on people who are Mr. DURBIN. I have never pitched a are four or five, maybe even six people already going through such misfor- ball game. I never have. I am very for every available job. Folks have de- tune? It isn’t just Illinois that suffers, proud of what you have done in your pleted their savings, they run the risk it is virtually every State. As of De- baseball career. But let me tell you, of losing their homes, they are trying cember, there were 221,000 people in this is a wild pitch you are throwing to keep their children in school, they Kentucky unemployed—10.7 percent of tonight because this is a pitch that is are trying to provide the necessities of the Kentucky workforce—63,000 people hitting somebody in the stands, it is life, and the Senator from Kentucky in Louisville, 18,000 people in Lex- hitting an unemployed worker in Illi- objects to their having unemployment ington, 6,000 in Bowling Green, 5,500 in nois. That is a wild pitch that should benefit checks. Elizabethtown, 5,000 in Owensboro. As not have been thrown, Senator. What does it mean to me? Well, in they are desperately looking for work, I believe when you look at what this the State of Illinois, it means that as many of these people are just getting is going to do across America, this is of Sunday night, 15,000 people in my by on unemployment checks. They are unforgivable that we would do this to State will stop receiving unemploy- just trying to get by. these unemployed people. ment benefits because of the objection Last month, the State of Kentucky For the Senator from Michigan, I of the Senator from Kentucky. It had the sharpest increase in unemploy- yield for the purpose of a question. means that every week thereafter an- ment claims in the country—in the en- Ms. STABENOW. I appreciate the other 15,000 will lose their unemploy- tire United States—with 2,510 more Senator from Illinois, my friend, in his ment benefits. It is a harsh reality that claims than the month prior due to the comments. I guess my question would many of these families have been look- automobile industry and manufac- relate to the State of Michigan because ing for work for a long time. turing job cuts. Unfortunately, many the Senator listed off some very impor- The Senator has also objected to proof these people will lose their unem- tant statistics. I wonder if the Senator viding assistance to small business. ployment benefits in Kentucky because is aware that in March, 62,000 people in The request I made would extend, for 30 of the objection of their Senator. If the great State of Michigan, where we days, provisions of the Small Business Senator BUNNING has his way, more have the highest unemployment rate— Act and the Recovery Act lending pro- than 14,000 Kentucky residents will we have a 14.6-percent unemployment grams for small businesses. So what lose their unemployment assistance in rate, over 700,000 people right now un- the Senator from Kentucky is doing, as March and 60,000 by the end of June. employed, looking for work. These are of Sunday night, is shutting down the Why? Why are we doing this to these people trying to keep a roof over their availability of credit for small busi- families in Kentucky and Illinois and head, trying to keep food on their nesses across America through this every State? Everyone acknowledges table, they are trying to hold things Small Business Administration pro- there is only one objection. Everyone together as they are looking for a job. gram. In the midst of a recession, when in this Chamber acknowledges we are a Yet we have 62,000 great people from we are told small businesses are the en- caring and compassionate country, and Michigan who are going to lose their gine that will bring us out of this re- we will, on an emergency basis, extend benefits in March. In fact, if this con- cession, when they are desperate for a helping hand to those who have lost tinues—and I know all of us are work- credit to keep their doors open, fami- their jobs. ing very hard to get a year extension of

VerDate Nov 24 2008 03:36 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\RECORD10\S25FE0.REC S25FE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE February 25, 2010 CONGRESSIONAL RECORD — SENATE S777 unemployment benefits. But I am won- decades of the common sense and com- Medicare patients can go visit their dering if my friend is aware that by mon decency of the Congress. doctors and doctors can receive ade- May, 225,000 people in Michigan will be I think and I hope you can confirm quate compensation for doing that. I do out of their benefits. These are people that understanding. not think that is an unreasonable thing who are looking for work. We know for Mr. DURBIN. I say to the Senator for us to ask and I hope my colleagues every one job available there are six from Rhode Island he is correct. In who are on the floor here, if they have people right now who are fighting to these extraordinary times when people similar situations in their own State get that job. We have a jobs agenda. We have lost so many jobs, we set politics with unemployment, or if they are are working very hard to make sure aside and we say we are going to help dealing with small businesses needing there are more jobs and partnering these people, whether it is victims of credit, would join me in this conversa- within the private sector. an economic disaster or a natural dis- tion on the floor about how unfair it is But in the meantime, I am wondering aster. I cannot imagine if I were going to be objecting to this extension of un- if my friend would agree with the fact home to Rhode Island, facing 12.9 per- employment benefits. that this is a disaster, in fact. This is cent. It is 11.1 in my home State of Illi- I yield to the Senator from Missouri as much a disaster for families as any- nois. You have a larger percentage of for purposes of a question. thing else. We do emergency spending your population going through this. I Mrs. MCCASKILL. Mr. President, I for floods and hurricanes and all kinds am sure you have examples of friends, am not prepared with some of the ques- of disasters. For families, would my of folks who have already contacted tions I would like to ask because, friend agree, this is as much of a dis- your office who are at their wits end to frankly, I am surprised. I would like to aster and warrants as much immediate figure out how to keep their families be able to ask you and compare the attention as anything else we do? together. numbers in Missouri, the number of Mr. DURBIN. I would say to the Sen- I have seen it. I went to the unem- families who are going to find out to- ator from Michigan, this has been char- ployment offices in Chicago. I hope the morrow morning that even though we acterized as an emergency because it is Senator from Kentucky has visited have appropriately extended unemploy- an emergency. It has been acknowl- with unemployed families in his State ment benefits, that now we are not edged by the Budget Committee. It will and understands how desperate they going to. I think they are going to be be treated as an emergency spending are. These are people who will do any- as surprised as I am. It is easy to get situation. It is an extraordinary situa- thing to get a job. They will do any- out of touch in this place. People are tion, just like a drought or flood or thing to get an interview. deferential to you around here. They hurricane or tornado. These people They are trying desperately. Some of open doors for you and bow and scrape. have had their lives disrupted. We are them are taking training courses, try- It is easy to forget what people are trying to keep these families together. ing to figure out anything that might going through, what families are feel- If there is ever a family value issue, work to get a job. ing right now, how hard it is for them this is it. They are really up against it when it to look to the future and still see that At this point I would like, on behalf comes to health insurance. It is one of American dream on the horizon. of the people of Michigan and Illinois the first casualties. This objection by Really, 30 days of unemployment? and Kentucky, Mr. President, to ask the Senator from Kentucky will make Really? Have we gotten to that? Have unanimous consent that the Senate it next to impossible for these families we gotten to the point that that is proceed to the immediate consider- to have health insurance as a result of going to be a political football? I think ation of H.R. 4691, a 30-day extension of his objection. we have to take a hard look in the mir- provisions which expire on Sunday, I don’t understand why we would do ror, if it comes to this—30 days of un- February 28, unemployment insurance, this. We are a caring people. On a bi- employment insurance for families who COBRA, flood insurance, Satellite partisan basis we step up as an Amer- want to work, who deserve to work, Home Viewer Act, highway funding, ican family when people are in need. I who are trying to work. SBA, business loans and small business would not ask twice if someone came By the way, let me ask the Senator provisions of the American Recovery to me with a disaster in another State, from Illinois, if the unemployment Act, SGR, and poverty guidelines re- because I know I have needed help in runs out, where do those families go? ceived from the House and at the desk; my own State. This is a real disaster. What happens then? Where do they go? that the bill be read three times, It is one that has affected virtually Mr. DURBIN. I would say to the Sen- passed, and the motion to reconsider be every State. ator from Missouri that for many peo- laid upon the table. When you take a look at some of the ple there is almost no place to turn. In The PRESIDING OFFICER. Is there provisions in this bill—incidentally, my hometown of Springfield, IL, there objection? beyond unemployment—some people, is something called township assist- Mr. BUNNING. The Senator from particularly those living in rural areas, ance, when you have no place to turn. Kentucky objects. are affected by this Satellite Home It is a fraction of the money you would The PRESIDING OFFICER. The ob- Viewer Act which will not be extended receive for unemployment. It would jection is heard. because of the Senator’s objection. It is barely provide money for food for these Mr. DURBIN. Mr. President, I yield a minor inconvenience for some, maybe people. to the Senator from Rhode Island for more of an inconvenience for others. Mrs. MCCASKILL. I am assuming if purposes of a question. But why would we do this? Why would they get to the point, then it is food Mr. REED. I am wondering if the we object to the extension of these stamps, right? Senator can confirm that we have rou- basic provisions in the law for 30 days? Mr. DURBIN. That is correct. tinely extended unemployment bene- That is all we are asking for. I would Mrs. MCCASKILL. There is other fits over many decades, over both Re- think that is very basic and something governmental assistance that is avail- publican and Democratic Presidents we should be doing. able to them. Maybe they will have to and Republican and Democratic Con- I also think the idea of helping the lose their homes. They would have to gresses, and we have always done it doctors who are treating Medicare pa- go to homeless shelters. when the unemployment rate was at tients is not an unreasonable thing to What I am trying to get at is there is least above 7.4 percent. I think the low- do. These are people who are taking a cost to this. It is not like all of a sud- est unemployment rate in which we care of the elderly in America, our par- den the government is not going to get suspended unemployment, extending ents and grandparents. This so-called any cost if these people stop getting benefits, was 7.4 percent. I say that be- SGR, the sustainable growth rate, or unemployment insurance. If they lose cause in Rhode Island we are up to 12.9 doc fix, is also one of the provisions their health insurance, it is not as percent and there are other States that which the Senator from Kentucky is though they are going to not get treat- are equally disadvantaged. objecting to. ed in the emergency room if they get This not only sort of upsets what I It doesn’t make sense. We want to hit by a car on Monday. We are going think is the logical way to proceed on make sure patients across America re- to take care of them in the emergency this tonight, but it rejects decades and ceive the care they are entitled to, that room. We are all going to pay for it.

VerDate Nov 24 2008 03:36 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\RECORD10\S25FE0.REC S25FE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S778 CONGRESSIONAL RECORD — SENATE February 25, 2010 This is wrong. I hope the Senator of those other Senators are here. I am I have been unemployed since January sticks around and renews this motion going to object every time because you 31, 2007, cannot find work anywhere. I for a while. I hope some of us stick will not pay for this and you propose was laid off after 10 years of employ- around and help. never to pay for it. ment. I was able to get 26 weeks of UI The American people need to realize Eventually, by Tuesday, when we do benefits. After these ran out, I thought how out of touch this place has gotten. have another vote, you will get a vote, I needed to take whatever job I could Mr. DURBIN. Mr. President, on be- and you will get this done. So I am try- find. I took a job that I was told would half of unemployed people in Kentucky ing to make a point to the people of be full time at minimum wage. I never and Rhode Island and Michigan and Il- the United States of America: We have got more than 20 hours a week. When I linois and Missouri, I ask unanimous a debt of $14-plus trillion. I listened to asked my employer, I was told I would consent the Senate proceed to the im- the head of the Federal Reserve speak- get more hours. I was forced to quit mediate consideration of H.R. 4691, a ing to me in the Banking Committee due to not being able to afford 30-day extension of provisions which today, and he looked straight at me childcare and transportation. I still expire on Sunday, February 28; unem- and said the debt and the proposed cannot find work. I have been forced to ployment insurance, COBRA, flood in- budget of the Obama administration sign up for government assistance. surance, Satellite Home Viewer Act, makes the debt unsustainable. We can- This is not enough to live on. I have highway funding, SBA business loans not sustain it. three children. and small business loans and small I have a family of nine children and Talk about 40 grandchildren. This business provisions of the American 40 grandchildren. I am as concerned as lady has three children she is trying to Recovery Act, SGR, and poverty guide- all of those good Senators sitting over support—‘‘and we have already lost our lines received from the House and at there to pay for this and make sure we home. Is there anything I can do to try the desk; that the bill be read three give these benefits to those people. But and qualify for unemployment?’’ I mean, for goodness’ sakes, why times, passed, and that the motion to that is not the case. So it is their way would we want to make this deficit reconsider be laid upon the table. or the highway, and I am not taking battle on the back of Samantha from The PRESIDING OFFICER. Is there the highway. Kentucky. Let’s have this battle out on objection? Mr. DURBIN. Regular order. the budget resolution. Let’s have it out Mr. BUNNING. Reserving the right to The PRESIDING OFFICER. Is there on appropriations bills. But on unem- object. objection? The PRESIDING OFFICER. The Sen- Mr. BUNNING. I object. ployment benefits, for someone in this The PRESIDING OFFICER. Objec- circumstance? That, to me, is pushing ator reserves the right to object. tion is heard. Mr. BUNNING. It seems to me people it too far. This is a national emer- Mr. DURBIN. I wanted to give the have not been listening, particularly gency. It should be treated as such. Senator from Kentucky an opportunity I am supportive of the commission the Senator from Illinois. He has been to explain his position. I did not assert we voted for and only had 53 votes. But through two of these with the leader. regular order until he had an oppor- I believe it is a step in the right direc- He heard the arguments on both sides. tunity to do so. But I would like to re- tion toward resolving our deficit dif- Unfortunately, he has a one-side-only mind him, on November 4 of last year, ficulties. The majority leader has ap- view of this situation. I have offered he issued a press release entitled, pointed me as a member of the Presi- the same COBRA, flood insurance, un- ‘‘Bunning Supports Extension of Bene- dential Commission on the Deficit and employment insurance, Satellite Home fits for Kentucky’s Unemployed.’’ The Debt. It is not an easy assignment. I Viewing Act, highway funding, SBA legislation includes Senator BUNNING’s take it seriously. But I will tell you, if loans, small business provisions—I net operating loss amendment. It the belief is that we can somehow deny have offered to do the same thing for passed by a vote of 98 to 0. And he said: enough unemployment benefits to peo- the same amount of time. The only dif- Kentucky has been hit hard by the current ple to balance the budget, I do not ference I have, and some of my good economic downturn. This legislation will want to see what America will look friends from the other side of the aisle, lend a helping hand to working families like. I cannot imagine what it will look is that I believe we should pay for it. across the Commonwealth who are in search like with Samantha and her three chil- There is a right over the last 3 years of of a job. dren if that becomes our national the Democratically controlled Con- It was not paid for either. The point strategy. gress. We have run up $5 trillion in is, we are in the same recession. It has Ms. STABENOW. Will the Senator debt. There has to be a time to stop gotten worse in some areas of the coun- yield for a question? I want to ask a that. try, particularly in the Senator’s area question. Would the Senator from Illi- We just passed, last week, pay-as- of the country. nois agree that we make choices here you-go. The first bill up—and I have As I reported earlier, unemployment every day about what, in fact, we are said this before earlier—was the small figures are growing in Kentucky. The going to do? And there is no question business bill that just passed. Now, $5 situation is just as dire and just as se- that the deficit is a huge issue. But I, billion out of that bill was paid for; $10 rious. along with you, have a reaction this billion was not. I share the Senator’s concern about evening listening to my friend from This is the second request after we our deficit situation. But virtually Kentucky, who is my friend. We have passed the small business bill that the every reputable economist you will worked together on a number of dif- leader proposed. This also adds $10 bil- talk to will tell you, in the midst of a ferent issues. lion to the deficit. That is $20 billion in recession you need to insert into the But to hear that somehow, when two small bills. economy economic activity and spend- there has not been a concern about ris- What I have proposed is that we pay ing, and the money that flows through ing deficits when we were talking for it. My gosh, we have over $400 bil- the fastest is unemployed benefits to about tax benefits for the wealthiest lion in unspent stimulus money. I also those out of work because they spend it Americans that did not have to be paid worked, or tried to work, with the instantly. It goes right back into the for, but now we are talking about those leader and his staff. I know he was economy. who find themselves, through no fault busy at the White House, but I tried This idea of somehow we are going to of their own, without a job, who are very hard to work with his staff to get hold back on unemployment benefits trying to hold it together in one of the other pay-fors and cut the time down and balance the budget on the backs of worst economies certainly of my life- to 2 weeks to make sure these people unemployed people in Illinois and Ken- time, and that somehow we are now— were taken care of. tucky, you could not pick a worse now—going to worry about balancing I did not get any support from my strategy or a worse time to do it. The the budget and the deficit on the backs good friends on the Democratic side of stories coming out of Kentucky and of the least of our brothers—I mean, the aisle. I did not think it was fair to the stories coming out from Illinois are that is really what is being talked do what you are proposing to do, the as graphic as can be. about tonight. I find it outrageous that Senator from Illinois. I will be here as Samantha, who lives in Kentucky, we would be having this kind of discus- long as you are here and as long as all writes: I am in desperate need of help. sion.

VerDate Nov 24 2008 03:36 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\RECORD10\S25FE0.REC S25FE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE February 25, 2010 CONGRESSIONAL RECORD — SENATE S779 Would my friend agree that, in fact, Mr. SESSIONS. Would the Senator Join with me and let’s pay for it, either there are other choices? In fact, when yield for a question? through the stimulus or some other we have the debate about extending the Mr. DURBIN. I would be happy to way, and let’s not keep adding debt be- tax cuts to the wealthiest Americans, I yield for a question. cause that is what the American people want to hear the same debate and the Mr. SESSIONS. The Senator from Il- are asking. And I ask you, are you not same objection coming as is coming to linois is very eloquent in his advocacy. hearing that from your constituents? people right now who are trying to But I think he is avoiding the question Mr. DURBIN. I am hearing from my hold it together for $200 or $300 a week posed by Senator BUNNING, who simply constituents that they want jobs. They and keep food on their table for their says he is prepared tonight to fund the are out of work. Many of them are un- families. programs that you wish, to have them employed. And I would say to the Sen- Would my colleague agree? go forward. ator from Alabama, we may have 59 Mr. DURBIN. I agree with the Sen- As I understand it, is it not true he votes, but you know as well as I do ator from Michigan. I will tell you that said that if you take this $10 billion, I that 60 votes is the coin of the realm in because the Senator from Kentucky think it is, that is required to fund this this body. has noted our current national debt, program, and you fund it out of the You also know that with very little $14 trillion, I think it is worth a mo- $400 billion unspent from the stim- parliamentary effort, you can drag out ment to explain that debt and how we ulus—a large part of it was supposed to this whole question through motions to reached that astronomic figure. be for this very purpose—that he would proceed and cloture and filibusters. It When President George W. Bush be- let the bill go tonight; that what he ob- can go on literally for days if not came President of the United States, jects to is not doing that, and which, in weeks. we had a national debt of $5 trillion, effect, means—does it mean that the I ask the Senator from Alabama, why and we handed him a surplus—as Presi- debt will be increased again tonight by would we do that in a situation where dent Clinton left office, he gave to another $10 billion. these people desperately need help for President George W. Bush a surplus. At Mr. DURBIN. In response to the Sen- unemployment assistance and for the end of the George W. Bush Presi- ator from Alabama, there is one ele- health insurance? Why do we want to dency 8 years later, we were knocking ment that he has forgotten to include; heap this misery on them? on the door of $12 trillion in debt. We that is, the majority leader, Senator We said to the Senator from Ken- had more than doubled the national REID, offered to the Senator from Ken- tucky: You can have a vote. You may debt in 8 years. tucky a vote, an up-or-down vote, as to win. You may lose. You will have your How did that happen? Some of it whether these unemployment benefits came from circumstances beyond and COBRA benefits would be paid for day on the floor of the Senate. He said: President Bush’s control. 9/11 dev- out of stimulus funds. He rejected it. No. Unless you accept my way, go to astated the economy, and that devasta- He said: I do not want to agree to that the highway. Did I hear that earlier? tion cost us dearly in terms of jobs and because I may lose the vote. And he As far as I am concerned, that is not a services and businesses and revenue may. reasonable approach. lost. The Senator from Kentucky would I have called up amendments on the But conscious decisions were made not agree to a vote on that question. floor and lost them. But the point is, by the George W. Bush administration He said: I may lose it. Well, he may. He you make your best case, and the Sen- to enact tax cuts in the midst of a war. may win it. But the fact is, he would ate decides whether to support your po- That has never happened before in the not agree to a vote. He said: You have sition. history of the United States. It is to put in this unanimous consent re- Mr. SESSIONS. I thank the Senator counterintuitive. In addition to your quest a provision that says this would from Illinois for allowing me to ask ordinary budget of your country, you be paid for. those questions. I think the Senator have a war budget on top of it. When Now, I would say to the Senator from from Kentucky is speaking on behalf of you desperately need revenue to pay Alabama, I understand that the re- the conscience of a lot of Americans, a for that war and the ordinary expenses maining stimulus funds, most of which majority of Americans, if they heard of your government, this administra- are already committed and obligated, this debate. He is doing it as a matter tion, the previous administration will be spent this year on projects in of principle. I know he has no desire to under George W. Bush said: Let’s give Alabama, Illinois, and Kentucky to see people not receive unemployment tax cuts to the wealthiest people in the create jobs. So the money we take out compensation. He is willing to support midst of those two wars. They were of that stimulus fund now unspent is that. He simply is saying that enough voted on by the other side of the aisle, money that will not be spent to create is enough. who supported the idea, driving us jobs across America. Mr. BUNNING. I have a question for deeper in debt as a nation. And, of Now that, to me, would be a misfor- the Senator from Illinois. course, we waged the wars under Presi- tune because we want to create jobs. I Mr. DURBIN. I yield for a question. dent Bush without paying for them. will concede to you this money for un- Mr. BUNNING. The press release you That, too, added to our national debt. employment will add to the deficit, as read from was about an unemployment Another $400 billion was added to the previous emergency spending for unem- insurance extension that was fully paid debt with the Medicare prescription ployment has as well. What we are ask- for. So don’t compare apples to or- drug program, which was not paid for. ing for tonight has been the ordinary anges. So when this President came to office, care of business, which the Senator Mr. DURBIN. I will verify that. I was he inherited not only a recession, but from Kentucky has supported as re- given information it was not. If I am $12 trillion in national debt brought on cently as November. incorrect, I will state so. But we have by the previous administration. The re- Mr. SESSIONS. Will the Senator extended unemployment benefits recession has taken and added another $1 yield? peatedly and not paid for them. trillion to that debt in this last year, Mr. DURBIN. I yield only for the pur- Mr. BUNNING. I understand that. I and we are trying to claw our way out poses of a question. have voted for that occasionally. But of it. Mr. SESSIONS. We are well aware this one you read from was fully paid Now, that is the reality and the his- that the Democrats have a sizable ma- for. tory of how we reached this point of $14 jority in this body, and if the Demo- Mr. DURBIN. I will check on that. If trillion in debt. To suggest it is the cratic leadership, including yourself, is the Senator is correct, I will make that Democratic side of the aisle that does committed to not paying for this and point in the record. not take the deficit seriously, I would taking care of this appropriation by I would like to notify the Senator say, we produced a surplus under Presi- borrowing additional money from the from Kentucky about Joetta from Fer- dent Clinton, a surplus that was hand- world on which we pay interest, then it guson, who wrote: ed to President George W. Bush and is likely to be a futile act to have this I have been laid off since October 31, 2008. quickly mushroomed into the biggest vote. When I was laid off, I lost my health insur- debt in the history of the United States He is asking you to step to the plate, ance coverage. The COBRA plan offered cost of America. as I understand it, is he not, and say: so much, I could not keep the insurance. I

VerDate Nov 24 2008 03:36 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\RECORD10\S25FE0.REC S25FE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S780 CONGRESSIONAL RECORD — SENATE February 25, 2010 was told if business picks up in the spring, I them additional assistance and argue I have worked since the age of 15. I hold could get called back to work. However, that tax cuts should not be paid for. two MA degrees and have worked a full and since I was laid off from the concrete com- Mr. MERKLEY. So the principle part-time job for 15 years. I entered the pri- pany, there have been two other office per- being presented tonight is that if you vate sector until my position was eliminated sonnel laid off this past January, so I doubt approximately 14 months ago. Gas prices al- I will be called back to work. I am 58 years are fortunate to be among the wealthi- most prevented my seeking employment old. I have a high school education. I am est Americans, we will give you addi- very far from home. At 55 years of age, I finding it extremely difficult to find a job, tional benefits and it doesn’t matter if never thought I would be without health even though I apply for work and am reg- we pay for them. But if you are among care. I never considered that I would have istered with the local unemployment office. the most unfortunate Americans who difficulty finding a job. By the way, my I am not one to seek after handouts. How- have lost their jobs—and when you lose spouse was also employed by a company ever, I have worked all my adult life and your job, you might well have lost your which was downsized and sold twice within 1 have paid taxes as most everyone else has. health care that went with your job—if year. He is also unemployed. We live in Ken- And I do not expect favors from anyone. I am tucky which is a more rural part of America. completely down and out and can hardly pay you are struggling, then it matters Our state and county typically have a high bills, buy food, et cetera, let alone medical that it is paid for immediately. unemployment rate as well. Extension of un- expenses. My husband has insurance through Mr. DURBIN. I agree with the Sen- employment insurance would be a lifeline. his employment but the cost to add me onto ator. It is a double standard, and it is That lifeline has been cut off by the his plan is so high, we simply cannot afford one that benefits those who are objection of the Senator from Ken- it. Also, he makes $10 per hour, so it isn’t as wealthy as opposed to those who are tucky. if we have an abundance of money to live on. out of work. And I am a very economic person. I yield to the Senator from Vermont Mr. MERKLEY. It is a double stand- for purposes of a question. It is hard to imagine why we would ard that bothers me a great deal. Mr. SANDERS. I thank the Senator say no to unemployment benefits for We in this Chamber are fortunate for yielding. We have talked about the Joetta from Ferguson under the cir- enough to receive a paycheck. But fact that unemployment today and eco- cumstances. If we want to fight this back home, I have a tremendous num- nomic suffering is probably greater budget and deficit battle, why would ber of families, working families in Or- than at any time since the Great De- we hurt her in the crossfire of the con- egon who are not going to get a pay- pression of the 1930s. But I wonder if versation? Why wouldn’t we extend check. I have unemployment in Crook the Senator from Illinois is aware that these unemployment benefits for her County of 16.8 percent. I have unem- the problem is not just high unemploy- and thousands like her in Illinois and ployment in Douglas County of 14.9 ment but long-term unemployment; Kentucky and other States? percent. In Harney County, it is 15.5 that, in fact, I believe we have never Mr. MERKLEY. Will the Senator percent. In Deschutes County, it is 14.5 seen in modern history a length of time yield for a question? percent; Jefferson County, 14.1 percent; in which people are unemployed as is Mr. DURBIN. I am happy to yield to Lake County, 12.9 percent; Josephine currently the case. Would the Senator the Senator from Oregon. County, 13.6 percent. These are coun- concur that what we are looking at Mr. MERKLEY. First, I would like to ties where more than one in eight peo- now is a modern tragedy in terms of know, as we stand here tonight, have ple is out of work. the length of time people are experi- we paid for the tax cuts handed out to Am I to say to my good citizens back encing unemployment? the wealthiest Americans? home that if you are among the most Mr. DURBIN. I would agree with the Mr. DURBIN. If you are talking fortunate, we will give you additional Senator from Vermont. You have to go about the tax cuts under President benefits, unpaid for, but if you are back 70 or 80 years to the Great Depres- George W. Bush, no. down and out, it is just too bad, we are sion to see this long a period of unem- Mr. MERKLEY. I am a new Senator. going to hold up everything and say we ployment. I have been here just over a year. But are not going to help you? Mr. SANDERS. I want to ask another I don’t recall, in January of 2009 when Mr. DURBIN. That is exactly what question. My recollection is that a I arrived, that any Member stood up has happened with this objection, this number of months ago there was a vote and said: I am going to hold up every- objection to extend unemployment here on the floor of the Senate regard- thing right now until we pay for the benefits for 30 days. That is all we are ing the repeal of the estate tax. My un- tax cuts for the wealthiest. Did that asking for, 30 days. derstanding is that vote to repeal a sig- happen in January? Did I miss that? Mr. MERKLEY. So if I understand nificant part of the estate tax would Mr. DURBIN. No, it did not happen. I right, there is the complete oppor- have benefited, as I recall, the top don’t think it has ever happened. It is tunity to have a debate 30 days from three-tenths of 1 percent of the popu- an indication that when it comes to now, but we could have had the debate lation; 99.7 percent of the people would giving relief to those who are in a pret- tonight because there could have been not have benefited. I could be wrong, ty luxurious state, we don’t pay for it. a vote tonight. It was offered but but my understanding is that if that Mr. MERKLEY. It sounds as if the turned down. There will be opportuni- legislation, that bill, that amendment Senator shares my memory, because I ties throughout this next month, but had passed, it would have cost our gov- don’t remember it in January 2009. I we are going to cut people off at the ernment about $1 trillion in a 10-year don’t remember it in February 2009. I worst moment here because one Sen- period, $1 trillion in benefits to the top don’t remember it in March 2009. I ator says: I am happy about unfunded three-tenths of 1 percent. don’t remember it in April, May, June, gifts to the most fortunate, but I am Can my friend from Illinois remind July, August, September, October, No- determined not to help people who are me as to how many Republicans voted vember, December, or January of this down and out. against giving $1 trillion in tax breaks year or this month. Mr. DURBIN. I would say to the Sen- to the top three-tenths of 1 percent I am confused. I am confused that the ator from Oregon, that is exactly what that was not paid for? principle has been put forward tonight has happened. When it came to the tax Mr. DURBIN. I would say to the Sen- that there is a reason to hold up a pro- cuts, they weren’t paid for. They went ator from Vermont, I do not recall, but gram that hasn’t been paid for. Even if primarily to the wealthiest people in I think he might recall. Does he? we haven’t been here late into the America. Now unemployment benefits Mr. SANDERS. On my suspicion—I evening having a discussion about pay- not paid for are objected to. won’t swear to it—I don’t recall that ing for the tax cuts, are there Members Mr. MERKLEY. I am deeply dis- any Republican did not. I may be of this body who have held up affairs turbed that one could be so discon- wrong on this, but my recollection is over the last 14 months, saying it is nected from the challenges of working that all Republicans voted to repeal time to take care of paying for the tax Americans as to have us in the situa- the estate tax, voted for that legisla- cuts for the wealthiest Americans? tion we are in at this moment. tion. Some Democrats did as well. Mr. DURBIN. No. As a matter of fact, Mr. DURBIN. I would say to the Sen- But I find it remarkable, picking up there are some who are trying to ex- ator from Oregon, here is a comment on the point the Senator from Oregon tend estate tax benefits to even the from Sharon, who is also from Ken- made a moment ago, here we were wealthiest of the wealthy and to give tucky. She writes: talking about $1 trillion over a 10-year

VerDate Nov 24 2008 03:36 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\RECORD10\S25FE0.REC S25FE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE February 25, 2010 CONGRESSIONAL RECORD — SENATE S781 period to benefit the top three-tenths fill out job applications. I would ask cently reported that the one thing we of 1 percent. I don’t recall hearing any- you about that. can do to generate more economic ac- body saying: Hey, we have a huge na- (Mr. MERKLEY assumed the Chair.) tivity in our economy that is better tional debt. We can’t afford another Mr. DURBIN. I say to the Senator than anything else is unemployment trillion dollars. But somehow, when it from Pennsylvania, in response to the assistance. It is No. 1 on their list. comes to desperate people who are question, through the Chair, that I They talked about tax credits for new hanging on by their fingernails, trying have been to these unemployment cen- jobs in small businesses, but No. 1 was to keep their families afloat in the ters in Chicago and downstate, and I unemployment assistance. So as we cut most serious economic moment since am always heartened by the fact that back on unemployment assistance, the the Great Depression of the 1930s, these people are just not going to give economy starts to go into a stall. We somehow, right now that has to be paid up. They really keep trying. But you are not putting the money back into for. We have to pay for $10 billion, but can tell that many of them are beaten the economy; we are pulling it out at a somehow you don’t have to pay for $1 down. Some of them tell me about how time when the Federal Reserve is try- trillion over a 10-year period. I don’t many times they now apply on the ing to keep interest rates low to gen- quite understand that. Maybe my Internet for any job openings and they erate more economic activity and friend from Illinois can elucidate. do not even get a response. They con- move us forward to better employment. Mr. DURBIN. I would say in response, sider it a victory just to get an inter- We are pushing against it. We are tak- I do not understand it. It is hard for me view or a response, and they just keep ing unemployment assistance out be- to follow the logic that we need to re- trying every single day. Meanwhile, cause of the objection of the Senator ward those who are the most com- they are trying to keep their families from Kentucky—one Senator who has fortable in America and punish those together, and the only lifeline they objected. So from the economist view- who are suffering. That is what this ob- have is unemployment insurance point, we are doing exactly the oppo- jection does. By denying unemploy- checks. It is not a lot of money: $1,100 site of what we should be doing to get ment benefits and COBRA benefits to a month. Imagine trying to live on it. this economy moving again. those out of work, it literally makes It is a very meager amount of money, Mr. CASEY. Let me add that the ref- their lives more difficult. Yet many of particularly for someone who is used to erence to the Congressional Budget Of- the same people have argued that these a larger paycheck and more comfort in fice—that has been the referee or the tax breaks for the wealthy should be life. Why would we cut off the $1,100 a arbiter of what is used as a number for considered as part of our future, even if month to these people at this moment health care, what protections are for they are not paid for. I don’t follow the in time when the economy is so weak? spending—I heard the summary of that logic behind that position in any way I do not understand why we would ob- same report on the House side at a whatsoever. ject to providing unemployment bene- Joint Economic Committee meeting. Mr. SANDERS. For the record, the fits to these people, whether they are But the reference I made earlier is a sum was $350 billion over 10 years, not in Pennsylvania or Kentucky or Illi- very similar analysis made by Mark $1 trillion. The trillion would have nois. In my way of thinking, many of Zandi. Mark Zandi is an economist been the complete repeal of the estate these folks are in this situation from moodys.com. He happened to be tax. But nonetheless, $350 billion bene- through no fault of their own, and they an adviser to JOHN MCCAIN’s Presi- fiting the top three-tenths of 1 percent are trying their best to turn their lives dential campaign, so he is not some is a sizable chunk of cash. I am some- around and it is not an easy cir- partisan in this debate. But he said, what amazed that nobody at that point cumstance for any of them. going back a year ago, when we were was terribly worried about how that Mr. CASEY. The ones I have met in debating the recovery bill—whether to was going to be paid for. that—they call it a career link, a job enact it or not—he said that if you I thank the Senator from Illinois. center—of those eight individuals, all spend $1 on unemployment insurance, Mr. DURBIN. I yield to the Senator but one—but maybe even the one—of you get I think it is more than $1.60 from Pennsylvania for a question. those eight people were in their fifties, back, somewhere in the $1.60 to $1.70 Mr. CASEY. I don’t know if the Sen- sixties, or seventies. In most in- range. So this is not only a question of ator has seen this, but this is the Na- stances—probably five out of the eight, how we help people who have lost their tional Employment Law Project, Feb- maybe six out of the eight—they had jobs through no fault of their own; the ruary 2010. One of the columns high- never lost their job before; they had secondary benefit here is it can help lights the total number of individuals never had to depend upon unemploy- people who are out of work and need a exhausting their unemployment bene- ment insurance, food stamps, any kind stimulated economy, need an economy fits in the month of March. I don’t of help. In fact, one woman said she that is jump-started by the spending know if the Senator from Illinois felt ashamed that she had to apply for we would provide through unemploy- quoted this number earlier. I don’t food stamps. She had never had to be ment insurance. So it makes no sense. think he did. But the total for the that reliant on anything. Another As the Senator from Illinois said ear- month of March in Illinois would be woman by the name of Debbie said to lier, there are lots of ways to make the 65,431 people. In my State of Pennsyl- me: We just want to get back to work. argument that our friend from Ken- vania, the total would be not quite We don’t want to be in this condition. tucky is making, but this is not the that high but 62,599 people. We want to get back to work. So there time or the place, when all we are talk- That leads me to my second question. was no complaining. I had the opportunity a couple weeks But I want to ask the Senator, as ing about is a 30-day extension of un- ago to sit with 8 of the 560,000 people in well, you referred earlier to another employment insurance for people who, my State who are out of work. In Penn- part of this discussion, which is that through no fault of their own, have lost sylvania, that 560,000 adds up to 8.9 per- we focus on those who need this unem- their jobs. It makes no sense. And as I cent of the workforce, but it is an in- ployment insurance—and we are talk- look at these numbers in Pennsylvania credibly high number—maybe not a ing here just about a 30-day extension; of 62,599 people losing or will lose, if he record but very close. Those eight indi- we are not talking about providing this prevails, their unemployment insur- viduals were like every one of the peo- for years or a long period of time—but ance in the month of March, it makes ple in this country who has lost their the Senator talked about the economic no sense. job, not through anything they did. impact of the spending of these dollars. Mr. DURBIN. I thank the Senator Through no fault of their own, they are I do not know if the Senator is familiar from Pennsylvania. out of work. with what Mark Zandi, the economist, I yield to the Senator from Alaska I would ask the Senator from Illinois talked about. I do not know if the Sen- for a question. about what he has seen and heard from ator is familiar with that. Let me just Mr. BEGICH. I thank the Senator individuals he has sat down with in Il- ask the Senator that. very much. linois who have lost their jobs and are Mr. DURBIN. I say to the Senator I have a couple questions in regard to going to job centers and places such as from Pennsylvania, I am aware of that the bill. I will probably have more that to fill out unemployment forms, economist, and I am aware the CBO re- later, but, first, remind me and the

VerDate Nov 24 2008 03:36 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\RECORD10\S25FE0.REC S25FE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S782 CONGRESSIONAL RECORD — SENATE February 25, 2010 people who are watching what the un- On this page, as I look through here, hurting the most. Yet when it comes employment rate for our country is the highest in Kentucky appears to time to do a small item of a $10 billion today. be—I may mispronounce this— extension to allow them to make sure, Mr. DURBIN. Currently, on a na- Magoffin County, 21.4 percent unem- come Monday, they know they can pro- tional basis? ployment in that one county; Marion vide for their family, as this gentleman Mr. BEGICH. On a national basis. County, 11.8 percent. The list goes on here who is 46 years old—it is just Mr. DURBIN. I believe it is now just and on. McCreary County, 14.1 percent; shocking to me and unbelievable. slightly below 10 percent on a national Meade County, 14.3 percent; Menifee I am assuming the Senator from Illi- basis. In my State, it is still over 11 County, 17.5 percent; Metcalfe County, nois receives these same kinds of let- percent. 14.4 percent; Morgan County, 15.1 per- ters every day from people who are Mr. BEGICH. In your State, it is 11 cent; Powell County, 16.9 percent; stressed and concerned. And they are percent? Trigg County, 16.5 percent; Wolfe Coun- not out there looking for a handout; Mr. DURBIN. Yes. ty, 15.6 percent. they are looking at someone in our po- Mr. BEGICH. In my State, it is 9 per- sition to assist them in this unbeliev- cent. The Senator from Alaska is right. The average does not tell the story. able recession we are facing. Is that I will lay out a couple points. In my similar to what the Senator receives? State, the 9 percent, which is one of There will be pockets in Kentucky and Illinois and Alaska with much higher Mr. DURBIN. It is exactly what I the highest in years for us, one of the have run into. Here is a letter from a unemployment. So when we cut off the highest numbers ever in a long time, man from Yorkville, IL, who wrote me: but when you look at it by region—and benefits because of the objection from the Senator from Kentucky, as of Sun- On bailout after bailout for businesses, my I am curious if in your State it has tax dollars have been used to save companies similar impacts like this—for example, day night some of these counties will that should have planned better in the first 9 percent is a lot, no question about it, be hit harder than others. There is no place. Now I am unemployed—not because I but in the Aleutians East Borough in question about that. made some poor decisions like AIG or Alaska it is 20.2 percent; in Bethel it is Mr. BEGICH. I will ask if I can read Citigroup, but because in today’s economy, the company I worked for folded. . . . 14.8 percent; in Aleutians West Bor- something toward a question. As you drill down—that is what we are doing If the Senate cannot reach an agreement ough it is 13.7 percent; in the North- . . . to extend unemployment, myself, my west Arctic Borough it is 12.89 percent; here a little bit, and your answer to my wife, and our two young children will have in Kenai Borough it is 12.3 percent; in question is what I wanted to ask to nowhere to live other than our car. How Mat-Su it is 10.4 percent. Those are ex- make sure I was clear on that. It is not about a bailout for those of us Americans amples. The number is high for our just the average that we should always that have worked all our lives and now can- be thinking about, but how do we drill not get a decent job? State. It is one of the highest in many I am begging you to stand up in front of years. But it really does not tell the down? When I got back from my break, I re- the Senate . . . and demand that congress whole story. work harder for those of us who put all of I ask the Senator, do you have simi- ceived this e-mail. I am sure you have you in office. The next time you need our lar circumstances that are regionally similar e-mails. That is going to be my votes, hopefully the 10% of unemployed higher than the average for your question. What kind of responses have Americans will not have had their cars re- State? you gotten from those who are unem- possessed so that we may make it to our Mr. DURBIN. I say to the Senator ployed? local polling places. from Alaska that Rockford in the Here is one from my State: Well, he kept a sense of humor in his northern end of my State was as high . . . I implore you as your first order of misfortune. But this is an example of a as 15 percent. You know, it does not business upon your return from the snow— man who thought he had a good job and tell the whole story because, as they Which I thought was very inter- a good future who now is contem- say, some people get discouraged when esting— plating living in his car. And now we they are out of work and they do not and recess to extend the emergency unem- are saying, because of the objection of get counted on these rolls anymore. So ployment benefits through the end of 2010 one Senator, that we are not going to the actual unemployment rate is much that are due to expire on the 28th of Feb. provide unemployment benefits to higher. These people will not be af- Thank you. thousands of people in similar situa- fected by our action tonight because He was thanking me in advance for tions as of Sunday night. Why we are they are not in the program, they are something this gentleman believes we doing this to these poor people at this not receiving unemployment assist- will do because it is right. This gen- moment in time is impossible to ex- ance. But the actual misery index of tleman is 46 years old, a professional in plain. Mr. BEGICH. I thank the Senator. I people unemployed over a long period the legal field. He had applied for over have other questions, but I know there of time is even higher. 30 different jobs. He has had two inter- are others who are standing to ask Mr. BEGICH. They have given up. views. He is still unable to get a job. He questions. But I have a question on the They have lost faith. is Jeff from Eagle River. I will not use small business fund and the Medicare Mr. DURBIN. They have lost faith his last name. He did not authorize me component, which are vitally impor- and they have stopped trying. to do that. But just reading this letter tant to keep our economy moving. I I would say to the Senator from Alas- tells me, why are we not doing this? will withhold and ask those questions ka, when I look at the State of Ken- I am a new Member. Like the Sen- tucky, here is Allen County with 13.9 in a few minutes. ator from Oregon, I have been here a Mr. DURBIN. I yield to the Senator percent unemployment; Bath County, little over a year. I have the same from Rhode Island for a question. 15.7 percent unemployment; Carroll question he had on, literally, the $1 Mr. WHITEHOUSE. I thank the Sen- County, 13.8 percent; Clay County, 13.3 trillion that was unfunded, given to the ator. I very much appreciate the Sen- percent unemployment; Cumberland richest of the rich. It has never been ator from Illinois yielding for a ques- County, 13.4 percent; Edmonson Coun- revoked or changed, but it was funded tion. If the Senator would not mind a ty, 14.3 percent; Elliott County, 13.0 by whom? Not by this body but on the series of questions, the first question percent; Estill County, 12.7 percent; backs of people like my son who is 71⁄2 has to do with, I guess I would say the Fleming County, 12.4 percent; Floyd years old, who will pay for the richest sense with which we on this side of the County, 12.3 percent; Fulton County, 14 of the rich. I do not call it a tax cut; I aisle should receive the protestations percent; Gallatin County, 13 percent; call it a tax scheme. To me, that is of intense concern about the deficit Garrard County, 12 percent; Grant outrageous when I think about it. that come from the other side of the County, 11.2 percent; Graves County, So I associate my comments with aisle, and it relates back to when the 10.6 percent; Grayson County, 16 per- those of the Senator from Oregon. As a previous Republican administration cent—one of the highest; Green Coun- new Member, this is not necessarily first took office. ty, 12 percent; Hardin County, 10.1 per- new to me, but being here in the Cham- As the Senator from Illinois men- cent; Harlan County, 12.5 percent; ber and watching this process over the tioned, the last Democratic adminis- Jackson County—this is even higher— last year and a half, this, to me, seems tration left an annual budget in sur- 17.8 percent. so simple. These are the people who are plus and a nation that had a $5 trillion

VerDate Nov 24 2008 03:36 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\RECORD10\S25FE0.REC S25FE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE February 25, 2010 CONGRESSIONAL RECORD — SENATE S783 debt. But my recollection is that in ad- I don’t know how the Senator from unemployment benefits for 30 days in dition to a nation in annual budget Kentucky voted when it came to the the United States to those who are out surplus, what President Clinton also tax cuts for the wealthy. I don’t know, of work and extending COBRA benefits left the Republican administration so I can’t presume to state it on the which help to pay for health insurance that followed was a budget trajectory floor. I don’t know if he voted for the for 30 days, in addition to several other projected by the nonpartisan profes- annual budgets to prolong the wars in items, and has stated his reason is be- sional Congressional Budget Office to Iraq and Afghanistan without paying cause of his concern about the budget eliminate the national debt of the for them. I don’t know how he voted on deficit. United States of America. We would be the Medicare prescription drug benefit I don’t know how the Senator from a debt-free nation if the Democratic that was not paid for, at least the $400 Kentucky voted on this commission, policies of President Clinton had been billion cost. I will acknowledge he was but I do remember it well because Sen- followed according to the nonpartisan, correct that the unemployment I re- ator KENT CONRAD, the chairman of the professional Congressional Budget Of- ferred to in November was paid for. I Senate Budget Committee, came to me fice. If I additionally recall, there were want that clear on the RECORD and I and said he had worked out an agree- actually economic debates that were stand corrected and acknowledge it to ment with Senator JUDD GREGG, a Re- provoked by that, wondering whether the Senator from Kentucky. But I publican, that they would try to create it was actually a good idea for the Na- would say that his—— a commission which would take a look tion to be, for the first time since Mr. BUNNING. Will the Senator from at our national deficit and make rec- President Andrew Jackson, debt free. Illinois yield? ommendations to Congress which we So my question is, Is it not true that Mr. DURBIN. I will yield after one would then have to vote on. It was con- more than just an annual budget sur- more question from the Senator from troversial, that is for sure. plus was left to the Republicans by the Rhode Island. But I would say, when it When it was called for a vote, it Democrats last time, but what was left came to his party position, tonight we ended up with, I believe, 53 votes and to them also was a budget trajectory hear this idea of fiscal conservatism, fell short of passage because 7 Repub- that would have made this Nation debt strict spending, punish those who are lican Senators who had cosponsored free during President Bush’s term had unemployed, take money away from the measure initially voted against it, he extended those Democratic policies? those who have been out of work in cosponsors who voted against it, and it Mr. DURBIN. The Senator from order to bring down this budget deficit. included the Republican minority lead- Rhode Island is correct. The Senator But for 8 years, under President George er. Their determination to deal with from Kentucky has talked about the W. Bush, we certainly didn’t hear this the deficit and the debt withered away Nation’s deficit and debt, and he should sentiment expressed when it came to and disappeared when they had a realize that when President Clinton people who were so well off across our chance to vote for it on the floor. I left office in January of 2001, the na- country. don’t know how the Senator from Ken- tional budget was in better shape than I yield to the Senator from Rhode Is- tucky voted. it had been in a generation. land for a question. So here is a chance for the Repub- In fiscal year 2000, the final year in Mr. WHITEHOUSE. In evaluating licans to join the Democrats to deal which President Clinton had full re- this concern about the deficit, we have with the deficit and debt, and they sponsibility for the national budget, just determined that the policies of the walked away. Seven of them turned our Nation’s budget surplus was $236 other side of the aisle contributed to their back on a bill they had cospon- billion—budget surplus. That year, the virtually all the national debt we have sored and walked away from it. debt held by the public declined for the inherited. Then let’s look to the situa- Mr. WHITEHOUSE. Mr. President, third consecutive year. As President tion now because I think we under- with the indulgence of the Senator Clinton left office, budget surpluses stand we have to fix this deficit prob- from Kentucky, if I may ask my final were projected to continue throughout lem. question. If we have established that it the next 10 years. CBO, in its January The distinguished Senator from Illi- was the Bush administration and Re- 2001 budget outlook, projected sur- nois earlier mentioned a vehicle for publican policies that created virtually pluses of $5 trillion for 2001 through trying to do this, which was the estab- all the national debt we now carry, and 2010, including nearly $800 billion in lishment of a statutory deficit commis- if we have established that when the 2010 alone. Those surpluses were so sion. My recollection is, the votes were mechanism that many believe would be large, as the Senator from Rhode Is- inadequate for that, in significant part the best vehicle to address the deficit land indicated, that the Congressional because on the Republican side of the was abandoned by our friends on the Budget Office told us the debt held by aisle, seven of our colleagues whose other side in significant measure, even the public would be entirely paid off by names were on that plan as cosponsors those who had cosponsored it, thus pre- 2006. of it voted against the bill that they venting it from passing, what am I sup- Fast forward 8 years, at the end of had cosponsored for a mechanism that posed to tell Carol Thomasian from George W. Bush’s Presidency, that ad- would potentially, at least, have pro- North Providence? She is unemployed. ministration, and the national debt vided a vehicle for resolving some of She is a Rhode Islander. She has had climbed from $5 trillion that he in- our deficit concerns. worked hard all her life. She went to herited to more than double that My question is, Is that also the recol- work first as a teenager. She eventu- amount. lection of the Senator from Illinois? ally got married. She started a family. Mr. WHITEHOUSE. The question I And how, in the light of this debate She got a college degree to increase her was asking is, Is it not fair to ascribe about the budget deficit and the fact earning potential. She bought a home. to that Republican administration and that the budget deficit is so important, Her family lived in the home. She did its policies the responsibility for more it is worth forcing honest, hard-work- everything right, pursuing the Amer- than just the difference between $5 tril- ing—when they can find work—Ameri- ican dream. lion and $12 trillion? Because if those cans into their cars to sleep, as the Two years ago, when the Rhode Is- policies hadn’t changed, according to Senator from Illinois has said, out of land economy collapsed—and it col- the nonpartisan, neutral, professional their homes, into penury. Why is it not lapsed in Rhode Island sooner than in Congressional Budget Office, during important enough for our friends on other States; we have been in a reces- the term of President Bush, we would the other side to support legislation of sion for a long time now—she was laid have actually been a debt-free nation which they were cosponsors, and what off from her job as a construction and, therefore, responsibility for the was the motivation for that? project manager, and she hasn’t been entire Federal debt that was inherited Mr. DURBIN. I would say in response able to find work since. She is strug- by President Obama could fairly be to the Senator, for those who have not gling to keep her family together. She said to be the responsibility of the poli- been following the debate from the be- is a single mom now. She is raising a cies from the other side of the aisle. ginning, tonight we are speaking to the 12-year-old son and a 15-year-old Mr. DURBIN. The Senator from fact that the Senator from Kentucky, daughter. She has all those responsibil- Rhode Island is correct. Mr. BUNNING, is objecting to extending ities of teenager parenting. She is also

VerDate Nov 24 2008 03:36 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\RECORD10\S25FE0.REC S25FE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S784 CONGRESSIONAL RECORD — SENATE February 25, 2010 trying to care for her disabled mother. the unemployment benefits were ex- tax cuts, and the fact that nobody on She has a bachelor’s degree in business tended for 3 months, as I understand it. the floor of this Senate—explain to me, administration. She has an associate’s The tax extenders—— with 60 Democrats and 40 Republicans, degree in architecture. She is a capa- Mr. BUNNING. They were paid for. why someone on the Democratic side of ble, trained, hard-working woman. Be- Mr. DURBIN. Let me explain. There the aisle didn’t make a bill that would cause she is out of work, her car has was a source of revenue for the bill, but rescind those tax cuts? Your Presi- been repossessed, making it so much it wasn’t enough to pay for the entire dent—our President—wants to extend more difficult to try to find work, and bill. The source of revenue was enough 85 percent of those same tax cuts with- it is unemployment insurance that is for those who wanted to say: Well, this out paying for them. He has a bill in keeping her family together. This will will pay for unemployment, to point to his budget to do just that. Explain cut 309 Rhode Islanders in our small it; and those who wanted to say: No, it that. I have one more. Your President State right off, in another few months pays for another part of the bill. So it also wants to pass a $250 billion estate it will cut up to 1,500 people right off. did not pay for the entire bill. tax bill, also without paying for it. How am I supposed to explain to Mr. BUNNING. That is your interpre- That is right. Well, it is right. Look it them this principle that they need to tation. up. I am on the Budget Committee, so suffer because of our budget deficit, The PRESIDING OFFICER. The Sen- I see these bills. Is the Senator on the with a party that is forcing that suf- ator from Illinois has the floor. Budget Committee? fering on them and that did more to Mr. DURBIN. I yielded for a question Mr. DURBIN. No, I am not. I yield run up our national deficit than ever and I answered the question, but I will further for a question. and that has obstructed the vehicle yield for another question. Mr. BUNNING. The Senator in the that would have started the work to fix Mr. BUNNING. It has been brought chair is, so he knows what has been the deficit and is absolutely silent up during this debate that the balanced proposed. about the deficit when millionaires and budget amendment and the balanced Mr. DURBIN. I yield for the purpose multimillionaires and billionaires are budget is a product of the Clinton ad- of a question. given tax breaks? How can I explain ministration. The Senator from Illinois Mr. BUNNING. The question I asked that? What do I tell her? knows that to be false. about the 60/40, I didn’t hear anybody Mr. DURBIN. I would say to the Sen- Mr. DURBIN. No, I don’t know that answer that. The Senator from Oregon ator from Rhode Island, there is no ex- to be false. is gone. He was the guy who posed the planation because it doesn’t make Mr. BUNNING. Well, do you know question. sense. You certainly couldn’t explain anything about how the balanced budg- Mr. DURBIN. In response to the Sen- to this woman who has worked so hard et bill was brought to the floor of the ator from Kentucky, this is a great de- throughout her entire life and now House of Representatives? bate. I think we ought to continue it. faces this misfortune that we are heap- Mr. DURBIN. I would say to the Sen- But can we remove from the audience ing additional misfortune on her be- ator from Kentucky I was serving in the millions of Americans who will not cause of this objection to extending un- the Senate. have unemployment checks as of Sun- employment benefits. In the State of Mr. BUNNING. I was serving. day night because of the Senator’s in- Rhode Island—I know it is small in Mr. DURBIN. I will tell my colleague terest in this issue? When you think comparison to so many others—the what has been said on the floor and about this, we ought to be engaged in Senator from Rhode Island is likely to which I stand behind; that is, the fact this, and you and I ought to stay up meet some of these 309 people or hear that when President William Clinton late to talk it over and talk about from them when their unemployment left office, he left a budget in balance what we should do. But why are we benefits are cut off. I am sure my office and in surplus. leaving these unemployed people in will hear too. I will not know how to Mr. BUNNING. Yes. Kentucky and in Illinois in the middle explain to them that the Senator from Mr. DURBIN. I yield for a further of this debate? These people have noth- Kentucky has objected to a 30-day ex- question. ing to do with what happened with tension of unemployment benefits. If Mr. BUNNING. That is only because John Kasich, of Columbus, OH, or what we are going to fight this war on the Representative John Kasich and the happened with President William Jef- deficit and debt, why fight it on the Budget Committee that he chaired in ferson Clinton. They are trying to pro- backs of unemployed people such as the the House, for 3 years in a row, brought vide food for their families in the one we have just heard described in the a balanced budget bill to the floor of morning. Instead, we have dragged State of Rhode Island? the U.S. House of Representatives. I them into the middle of this deficit and Mr. BUNNING. Would the Senator was a member of that Budget Com- debt debate. from Illinois give me a chance to re- mittee. For those who have just tuned into spond? You have had the floor for an The first 2 years, the Clinton admin- this conversation, the Senator from hour and a half. Mr. DURBIN. I would be happy to istration rejected the balanced budget Kentucky has objected to extending yield for a question from the Senator. bill. In the third year, instead of get- unemployment benefits for 30 days, and Mr. BUNNING. A question. OK. If all ting run over by the train, President COBRA benefits, which pay for health the things that have been said on the William Jefferson Clinton got on the insurance for the unemployed for 30 other side are true, all of the programs train and agreed that the balanced days. you have talked about could have been budget bill should be passed. Then the Because of his objection—he is the extended and for much longer periods if Senate concurred and we balanced the only Senator to object—I will find Senator REID, your leader, had not budget. It took a little bit, but we did 15,000 people in my State of Illinois, as blown up the bipartisan jobs bill agreed it. That is where the surplus came of Sunday night, losing their unem- to by the chairman of the Finance from—a Republican’s idea, John Ka- ployment benefits. If you wonder why I Committee and the ranking member, sich, of Ohio, who brought a balanced am still on the floor at 10:20 p.m. in Senator BAUCUS and Senator GRASS- budget to the floor. Washington, on Thursday night, after a LEY, and jammed through his own bill Mr. DURBIN. If that is a question— pretty long day, it is because I thought which we talked about; and all the Mr. BUNNING. The questions I have to myself: How in the world can I walk spending forces of that compromise, of are—I wanted to straighten out my away from this Chamber, go home and those programs that you are talking good friend from Rhode Island. relax, realizing that 15,000 people, come about, were paid for in that bill. Ex- Mr. DURBIN. If that was a question, Sunday night, in Illinois are going to plain that to the American people. it is clear that there was bipartisan- get cut off from unemployment bene- Mr. DURBIN. I would be happy to. ship, and we can use a little bit more of fits? The Senator from Kentucky has not that around here. The PRESIDING OFFICER. The Sen- stated it 100 percent accurately. Mr. BUNNING. Even the fact that ator from Missouri is recognized. Mr. BUNNING. Oh, he has. our President—somebody who talked Mrs. MCCASKILL. Mr. President, we Mr. DURBIN. Because in the original about extending tax cuts to the have been talking about whether tax proposal from the Finance Committee, wealthy and talked about extending cuts were paid for. Let’s talk about

VerDate Nov 24 2008 03:36 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\RECORD10\S25FE0.REC S25FE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE February 25, 2010 CONGRESSIONAL RECORD — SENATE S785 other things that weren’t paid for. ington—big government, big bill, not gling families in America, we are going That is what this is about. As the Sen- paid for, and there was not one word to hold them to the hardest economic ator knows—in fact, I know the Sen- about it needing to be paid for. And we standard. To me, that is at least incon- ator from Illinois gets irritated at me fast forward to now. That is a big part sistent, if not inexplicable. sometimes because I am constantly of our deficit. We now figured out on Mr. BUNNING. Will the Senator trying to figure out ways that we can Medicare D that we transferred a yield? be more fiscally responsible around bunch of taxpayer money straight to Mr. DURBIN. I have yielded to the here. Sometimes I swim upstream on the bottom line profits of the pharma- Senator from Missouri for a question. some of those things. I was one of the ceutical companies. I wasn’t here then, Mrs. MCCASKILL. I have a couple cosponsors of pay-go. In fact, pay-go but maybe the Senator can enlighten more questions. I wasn’t here when the was in place in the 1990s, and it was al- me. My recollection is that the biggest major tax cuts went through in the Re- lowed to expire in Congress. It was people in favor of Medicare D were publican Congress with President 2000, or 2001, or 2002, in the early years pharma. Bush—the tax cuts that were supposed of the Bush administration, when the Mr. DURBIN. The Senator is correct. to bring about great prosperity and job Republicans had the majority. They let It was their belief that they would creation in our country. Of course, it go. They said they didn’t need pay- make a lot of money. they didn’t. We have had record job go anymore. This is probably the most Mrs. MCCASKILL. They have made a losses. As President Bush left office, glaring example, and it gets in my fortune on the backs of taxpayers. my recollection is that we were having craw, because I now hear so much Mr. DURBIN. Those of us who sup- between 600,000 and 700,000 job losses ported some kind of competitive bid- every month. Clearly, the plan that about fiscal responsibility, and as we ding and government buying in bulk to these tax cuts would be a time of wine struggle with this health care bill, reduce costs were defeated because and roses for all didn’t work out. My making sure that we pay for it, I look pharma objected. recollection is that that tax cut was back at Medicare Part D. Now that is a Mrs. MCCASKILL. In that bill, they done by reconciliation, wasn’t it? lallapalooza right there, Medicare D. even outlawed the ability of the gov- Mr. DURBIN. I would have to check I am wondering if the Senator from ernment to negotiate for lower prices my notes. Illinois remembers what the vote was based on volume. Those are ‘‘good busi- Mrs. MCCASKILL. I think it was. on the motion to waive the Budget Act ness practices’’—make sure we cannot Reconciliation only lasts for so long on Medicare D. get a good deal based on how many and then they sunset. I think that was Mr. DURBIN. I do not. one of those things where a massive Mrs. MCCASKILL. Well, it is inter- drugs we are going to buy. We cannot even lower the cost of this massive amount of government liability was in- esting. It was a big majority to waive curred through reconciliation at that the Budget Act. I have the vote here. government entitlement program by negotiating for lower prices based on time. There were 61 votes to waive the Budg- Let me also ask a couple questions et Act, including our friend from Ken- volume. They outlawed that. Mr. DURBIN. This cost over $400 bil- about the stimulus. I know the Senator tucky. I think the CBO score on that lion, and many Republican Senators, from Kentucky was offered a chance to was around $450 billion, as I recall. have an amendment paid for by the Mr. DURBIN. That is correct. including the Senator who has objected to unemployment benefits for millions stimulus. I don’t think that we have Mrs. MCCASKILL. Not a dime of it talked enough about what is left of the paid for—not one dime. It is all on the of people in America who are out of work, voted for this program that was stimulus money and what it is for. It is credit card, one big blob of red ink. my understanding—and correct me if I Is the Senator aware how many of unpaid for. Now they tell us we cannot extend unemployment benefits to peo- am wrong—that a big chunk of the our friends on the other side of the stimulus that is left is in fact the tax aisle have new religion—this is new re- ple in Kentucky and Illinois and Mis- souri because we have not paid for cuts for working families. In fact, the ligion about balancing the budget—and tax cuts were a 2-year period. So, of how many actually voted for Medicare them. Clearly, it is a double standard. I might add that when it came to the course, that was about one-third of the D? It was a brandnew entitlement pro- money, and only half of that has been gram, a massive government entitle- estate tax, aka the ‘‘death tax,’’ according to some, on June 7, 2006, the paid out because we have only been ment program, a government-run through a year of the stimulus. We still health care-related government pro- Senator from Kentucky took the floor and said: have money waiting to go out in the gram, and not one dime was paid for? form of tax cuts to 95 percent of Amer- Do you know how many on the other Mr. President, I rise today in strong favor of abolishing one of the most unjustified ica—in fact, the exact opposite folks side, who are still serving today, voted taxes we have in America today, the death who got the tax cuts under George for this new entitlement program? tax. Americans should not have to talk to Bush. Mr. DURBIN. No, I do not. their undertaker and their tax man on the Is that my understanding about what Mrs. MCCASKILL. It was 24. Do you same day. Small businesses and family farms is remaining in the Treasury as it re- know who the Senators were who voted should not be forced to close down in order lates to stimulus? for this massive, government-run enti- to pay the government money because a Mr. DURBIN. I believe the Senator loved one has passed away. tlement program that added hundreds from Missouri is correct. It is inter- and billions of dollars to our debt—not Then when the Death Tax Repeal esting that those who are critical of tax cuts? We can argue about whether Permanency Act was called for a vote, the stimulus, the Recovery and Rein- tax cuts create jobs. Clearly, those the Senator from Kentucky voted to vestment Act, on the Republican side didn’t because we inherited a big mess repeal this tax, costing the government virtually never acknowledge the fact in terms of job creation. But do you $300 billion; that is over $300 billion that one-third of that whole package is know who the Senators serving on that added to our national debt. This tax af- tax cuts, which is the Holy Grail on the side are who now want to preach about fects less than one-half of 1 percent of Republican side of the aisle—tax cuts fiscal responsibility and pay for pro- all the people in America, the wealthi- for working families. grams—how many were willing to put est people in our country. To provide Mrs. MCCASKILL. Tax cuts for work- that kind of program on the credit $300 billion in tax relief to them—the ing folks. card? They were Senators ALEXANDER, Senator from Kentucky said we can Mr. DURBIN. Working families. BENNETT, BOND, BROWNBACK, BUNNING, add that to the deficit and that is OK. Mrs. MCCASKILL. These are working CHAMBLISS, COCHRAN, COLLINS, CORNYN, But when it comes to providing a $1,100 folks. They are not—frankly, my fam- CRAPO, ENZI, GRASSLEY, HATCH, monthly unemployment check to ily is very blessed. The tax cuts that HUTCHISON, INHOFE, KYL, LUGAR, someone in Illinois who is struggling to were passed helped my family. It didn’t MCCONNELL, MURKOWSKI, ROBERTS, find a job, he says no, that adds to the help some of the families out there now SESSIONS, SHELBY, SNOWE, and deficit. So for the wealthiest in Amer- struggling with unemployment. VOINOVICH. ica on the estate tax, there is no ac- The rest of the stimulus that is out All of it was a massive government countability, no reckoning, but for the there—I have been interested in Mis- entitlement program run out of Wash- poorest in America, the most strug- souri. In fact, I wrote a letter to the

VerDate Nov 24 2008 03:36 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\RECORD10\S25FE0.REC S25FE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S786 CONGRESSIONAL RECORD — SENATE February 25, 2010 budget chairs in Missouri because they for 30 days and to extend COBRA bene- know Representative STARK. I served were kind of puffing up about how they fits which helps them to pay for their with him for 8 years on the Ways and were going to be able to balance the health insurance for 30 days. It passed Means Committee. The same thing budget this year. I looked into it and the House of Representatives. We were goes. If you don’t like Part D of Medi- realized that the only way they were prepared to pass it this week so that care, you have 59 Senators and you can balancing the budget this year was be- when the benefits expire for many peo- repeal it anytime you want, or at least cause of the stimulus money. It is, in ple on Sunday night, they would con- try to, if you think it is misspent fact, the stimulus money that has gone tinue. money. to Kentucky, gone to Illinois, gone to One Senator from Kentucky, Senator Somebody complained about HHS ne- Missouri, gone to Oregon, gone to Alas- BUNNING, who is on the Senate floor, gotiating drug prices. Our own score- ka, and gone to Rhode Island. That is objected. As a consequence, we have keeper, CBO, said we would have—I was what is allowing these State legisla- taken to the floor to make certain that on the committee—we would have no tures to keep from making massive the people who are following this de- savings if they negotiated directly with layoffs of public school teachers. There bate understand the gravity of this de- the drug companies. Those profits that would be massive cuts in education in cision. It is not a casual decision. It is my good friend from Illinois talked Missouri this year, and, frankly, no a decision made by one Senator that about are not profits that go to the cuts in public education would be pop- will literally affect the lives of a lot of drug companies because any of the ular in Missouri. people. Medicare facilities we use, whether it I asked the Missouri legislators. I I give an example of Stan Lipowski be a hospital or a doctor or Medicare said: Some of you have been talking who lives in Rockford, IL, as I men- Part B or Part A or Part D—all of about doing away with the stimulus, tioned earlier an area hard hit. Stan is those moneys go to doctors, hospitals, pulling back the stimulus. In fact, pretty nervous. He is 60 years old. He and people who get prescription drugs some of our friends across the aisle lives in Loves Park near Rockford. He to pay for those prescription drugs. said we should get rid of the rest of the lost his job in June and relies on his You have to look at the benefits and stimulus. I asked the State legislators: unemployment check to keep his see if they outweigh the complaints. What will you cut if we pull the stim- household afloat. This is from the I object. ulus? Tell me how Missourians will be Rockford newspaper where he is quoted Mr. DURBIN. I ask for the regular hurt if we decide to pull the rest of the as saying: order. stimulus and maybe spend it on other It’s not sufficient, but without it, I’d be in Mr. BUNNING. I object and would things, such as perhaps this emergency real trouble. I’m already borrowing against like to make a unanimous consent—— bill dealing with unemployment insur- my house to put my daughter through col- Mr. DURBIN. Regular order. ance. They would not tell me. They lege. The PRESIDING OFFICER. The Sen- want the people of Missouri to think He is living on his unemployment ator asked for the regular order. Is they are balancing that budget with check, and the objection of the Senator there objection to his request? fairy dust. They don’t want the people from Kentucky is going to cut off the Mr. BUNNING. No. of Missouri to know that, in fact, the checks for people just like him. I can- The PRESIDING OFFICER. He said stimulus is what is out there helping not understand why we would do this. I he did not object. these States balance these budgets be- am going to renew my unanimous con- The Senator from Illinois. cause their revenue has dropped off the sent request. Mr. DURBIN. As I understand it, the charts, just like our revenue has, which Mr. President, I ask unanimous con- unanimous consent request is agreed is causing some of the deficit and sent that the Senate proceed to the im- to? which is certainly contributing in a mediate consideration of H.R. 4691, a Mr. BUNNING. I object. great way to the debt as it relates to a 30-day extension of provisions which The PRESIDING OFFICER. The Sen- drop in revenue, an increase in unem- expire Sunday, February 28, unemploy- ator from Kentucky objects? ployment expenses, and then the pro- ment insurance, COBRA, flood insur- Mr. BUNNING. Yes. grams that have been passed in the pre- ance, Satellite Home Viewer Act, high- The PRESIDING OFFICER. The Sen- vious administration not paid for. way funding, SBA business loans and ator from Illinois. I have 20,000 Missourians—20,000— small business provisions of the Amer- Mr. DURBIN. I thought maybe we who are going to find out sometime in ican Recovery Act, SGR, and poverty had gotten through to the Senator the next 48 hours that they are done guidelines received from the House and from Kentucky. with unemployment. I cannot help but at the desk; that the bill be read three It is interesting, he wants to talk believe that if we have this kind of cri- times, passed, and the motion to recon- about everything except the unem- sis at the other end of the income sider be made and laid upon the table. ployed people affected by his objection. scale, that all of a sudden we would not The PRESIDING OFFICER (Mr. I say to the Senator from Kentucky, have this newfound religion that this is SANDERS). Is there objection? we can relitigate all you want. The fact the moment, this is the hour, this is Mr. BUNNING. Reserving the right to is, the Medicare prescription drug pro- the day that we are going to find new object. gram, which costs $400 billion over a 10- religion about deficits. It is the wrong The PRESIDING OFFICER. The Sen- year period of time, is not paid for and time. ator from Kentucky. you voted for it. So when it comes to I am a cosponsor of pay-go. I am a co- Mr. BUNNING. There are so many deficit reduction, you pick and choose sponsor of the fiscal commission. I things that I would like to say in re- those issues that you will spend money don’t take earmarks. I voted against sponse to so many Senators. Before I on. Tonight you are making it clear the omnibus. I voted against many do that, I want to straighten a few that you will not spend money to help budget bills because I think there was things out. First of all, the prescrip- unemployed people—people across Ken- too much fat in them. I voted against tion drug Part D—I want to help out tucky and across Illinois. a lot of fiscal measures in this body. my good friend from Missouri and my Some of these stories I received from But this is not the time to do this on good friend from Rhode Island. I want my State I am sure you received from the backs of these families. It is the them to know that the $400 billion that your State. Here is one from a woman wrong time. was spent has not been spent. Just for in Bullhead City, IL: Mr. DURBIN. Mr. President, I thank their information. And the Democratic My husband and I are in our fifties and lost the Senator from Missouri and for alternative proposed by Representative our jobs in 2008. I knew immediately we were those who are following this debate. PETE STARK on the Ways and Means in trouble so we took our savings and moved Mr. BUNNING. You said you would Committee in the House of Representa- to a state park where rent is $400 a month, yield to me. tives cost over $1 trillion to fund. That including utilities. Mr. DURBIN. I know. For those who was the alternative to the Republican They were living in a camper. are following this debate, we have $400 billion. My husband has gotten sick and not been asked to extend unemployment bene- I know the Senator from Missouri able to see a doctor as we have no medical fits for those out of work in America was not here. She probably doesn’t insurance, our unemployment benefits ran

VerDate Nov 24 2008 03:36 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\RECORD10\S25FE0.REC S25FE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE February 25, 2010 CONGRESSIONAL RECORD — SENATE S787 out in August and we have no income. The say we are not going to make sure Mr. BEGICH. The other piece I want $400 rent that seemed so cheap a year ago is these reimbursement rates are the to talk about, and I will end on this be- now a struggle to pay. To keep our phone right rate. So now we will have more cause I know the Senator from Oregon and Internet on is a struggle, yet impera- doctors not serving our seniors. It is has a question or two, and it is one of tive— not only about the unemployed. They the things I heard over and over again, Because that is the way they look for are about to throw seniors over the and that is why I think the way this is jobs. cliff, at least in my State. being approached is very simple: Here Neither of us has ever been without until Does this bill deal with seniors and it is, don’t cloud it with a lot of other now. I have found that it is more and more making sure the reimbursement rate is junk. The public has spoken, and they difficult and our spirits are at an all-time the right rate so doctors can perform low. I write this with tears in my eyes, not want transparency. They want it clean, so much for myself but for the thousands the services these seniors need? they want it simple, and they want to who are facing these difficult times alone. I Mr. DURBIN. I would say to the Sen- understand what it is talking about, could not do it alone. ator from Alaska that is correct. Ac- without this whole business of jam- When my husband left the house this cording to the 2009 Medicare Trustees ming in things left and right. Here, morning to look for work, I slipped a baggie Report, on January 1, 2010, physicians this is simple: Unemployment for the of Life cereal in his pocket so he would not were expected to face an across-the- unemployed, taking care of our seniors. go hungry. We had no milk . . . too early to board cut of 211⁄2 percent. By 2014, the I am on Alaska time, so this is early offer ramen noodles or macaroni and cheese. cuts to physicians treating Medicare for me. I have plenty of time. When it I’ve always been proud to be American and of this great country, yet I can’t seem to patients would be 40 percent. We have is midnight here, it is 8 o’clock in Alas- hold my head up these days. I barely have averted these cuts with short-term ex- ka, so I have plenty of time here. But enough money left to make it. . . . I wait tensions, because at those reimburse- when I think about these issues of sen- and pray for an extension [of unemployment ment levels many doctors would stop iors and the unemployed that the other benefits] to buy us more time. treating Medicare patients. side doesn’t want to help, it seems the I implore the Republicans to quit dangling Mr. BEGICH. I know in my state the next issue—and I will wait my time carrots in our faces and do the right thing. answer is: They will. This is a signifi- here and ask about it—is small busi- That is what this is about, Senator cant problem even at the 21-percent nesses—the people who are the back- BUNNING. This woman and people like rate of reimbursement. So not only do bone of this country—trying to help her all across America who will be we have the unemployed now, whom those unemployed become employed. turned down for unemployment bene- the other side seems to have a problem That is another piece of this bill. Is fits because of your objection. Why are with, yet when it comes to the richest that correct, that small business is an- we doing this to these people, whether of the rich, they have no problem deal- other piece? they live in Tennessee, Kentucky, or ing with them, taking care of them un- Mr. DURBIN. It is. The SBA pro- any other State? We are a caring peo- funded. grams, which would provide credit for ple, and I know the Senator from Ten- The pharmaceuticals—I know this small businesses—we were looking for nessee feels that way. I do too. debate a little bit. I know how the talk a simple 30-day extension so these pro- Mr. BEGICH. Will the Senator yield? I just heard from the Senator from grams would be available. This objec- Mr. DURBIN. I will be happy to yield Kentucky sure did go around and tion has stopped that 30-day extension for a question from the Senator from around, but the bottom line was the and it is going to close down some of Alaska. pharmaceutical companies got those those programs, as of Monday, that Mr. BEGICH. I know we talked about monies, made extensive profits, and on would be available to small businesses unemployment which is a significant the backs of taxpayers. But now it is across the Nation. piece of this bill. I also want to point time to help our seniors, make sure Mr. BEGICH. Small businesses that out there are other pieces. I want to they get basic care, and they are going were probably in the process of pur- make sure I am correct. Maybe the to be thrown over. It is amazing to me, suing their dreams and hopes in this Senator could clarify this. when I look at this bill—I thought it recession of creating a new opportunity I know he mentioned in the very was simple. Maybe I am naive, being a to help those unemployed and others to early hours when we started this dis- new Member here, but these are simple build our economy. In Alaska, 52 per- cussion that there were issues that things. The crisis in this country is the cent of our employment is small busi- deal with small business, seniors, and biggest recession since the Great De- ness. They are the backbone of this it has two other major components. pression. Yet when it comes time to country. They were kind of left out Is it correct that this bill also deals giving a little bit of assistance to make last year. This is an effort to continue with seniors and small businesses? sure we can move through this tough to help them. Is that a fair statement? Mr. DURBIN. Yes, it is correct. time, we are not willing to assist the Mr. DURBIN. The Senator from Alas- Mr. BEGICH. I appreciate the Sen- unemployed. Yet the richest of the rich ka is correct. ator’s constant reminder that this de- get taken care of. I want to make it clear for the bate is about real people. I don’t know I want to ask one question about that record, because the Senator from Ten- what the debates were in years past. I so-called bipartisan bill that was men- nessee came and asked me why we was not here, as Senator MCCASKILL tioned earlier. I know earlier there was didn’t offer to the Senator from Ken- and Senator MERKLEY mentioned. I was discussion, and I hope I can ask this tucky an opportunity to have an not here. People read and watch what question. The ‘‘bipartisan’’ bill that amendment to pay for these unemploy- is going on. They see right through was talked about earlier, I know I ment benefits out of the stimulus pack- what is going on: The wealthiest of the flipped through the multiple pages of age, that was offered to him. He said, wealthiest get the privileges of this the index and saw all these extenders no, he didn’t want to have an amend- body, and people working every single for businesses, and, if I remember this ment offered on the floor because he day and those now unemployed ask for right—correct me if I am wrong—the wasn’t sure he could pass the amend- a little bit of help to make sure they unemployed had a very short extension ment. So he was offered the same can make it through these tough but all these businesses got the long chance that every Senator has had to times, and the other side of the aisle extensions for their tax benefits. take his idea before the Senate and to turns their back on them. Again, it is a question of who do we get a majority vote. That is not an un- You used the example of seniors. In support here and who do we help? Am I reasonable thing. That is how the Sen- Alaska, the Medicare reimbursement mistaken that so-called bipartisan ate works. rate is critical. We are one of the high- bill—that really wasn’t bipartisan and I would also say to the Senator from est cost States. We have less doctors which had a lot of issues with it—am I Kentucky that if he believes we have today than yesterday, the year before correct there was some imbalance surplus funds in the stimulus or Rein- and the year before. We have very few. there that people were concerned vestment and Recovery Act that can be I met with our clinics today. I think it about? spent on unemployment and the like, I is down to one in Anchorage that ac- Mr. DURBIN. I think the Senator am afraid he is wrong. It is important cepts new Medicare patients. Now we from Alaska is correct. to note that of the $166 billion in funds

VerDate Nov 24 2008 03:36 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\RECORD10\S25FE0.REC S25FE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S788 CONGRESSIONAL RECORD — SENATE February 25, 2010 remaining to be obligated, almost that take place. I know there is a lot of might be weary, I will stay here the en- every dollar has already been spoken frustration. I understand the concerns tire night to defend the Senate and de- for, even if not yet obligated. So if he of the people on my side of the aisle, fend the fact that the Senator from thinks the money that has not gone especially after we just voted for a pay- Kentucky did not know this was going out the door of the stimulus act is not for. And my guess is everybody on the to happen. spoken for, it is not true. It is spoken other side of the aisle who is here to- I am tired. I have been working hard for. That would have been part of the night voted for it. Yet we are con- for a long time on a bill that I think is argument when his amendment could tinuing to pass bills that are not paid important. I would rather go to bed have come to the floor, an amendment for. and be fresh and deal with the issues which he did not care to offer. I am not going to debate the merits. that need to be dealt with for this I would tell him there are two I know you can talk about taxes for country, but I will stay here all night projects in his State that will be af- the rich, tax reductions, and all that. because this is not the way the Senate fected if he cuts the balances in this. The fact is, you did not give the Sen- functions. And I know he may not care, but some ator from Kentucky notice this was I am disappointed. I know that we may. It is a Milton-Madison bridge re- going to occur. have a lot between us, but I have felt placement—Milton, KY, to Madison, Mr. DURBIN. If that is a question, I actually, recently, that we were begin- IN—asked for by the Kentucky trans- would like to respond to it. If that is a ning to sort of make things click. I portation cabinet. The total cost is $131 question, it is incorrect, and I want the have seen people stepping out and million; TIGER funding, $21 million—a record to be clear. doing things that I feel are the right vital link, I am told, between two MR. CORKER. Let me just say things to do on behalf of the country, towns. If the bridge is taken out of this—— and I have talked to my good friend, service, the resulting detours will cre- Mr. DURBIN. I am sorry, that is not the Presiding Officer tonight, about ate resulting hardships for residents on correct. those kinds of things. I have a lot of both sides of the river. Mr. CORKER. If I can just finish. There is also another project under Mr. DURBIN. Regular order. I have friends on both sides of the aisle. But this Recovery and Reinvestment, the floor. this is not the way the Senate func- Mr. CORKER. If I could just—— tions. which I know you voted against, but it The PRESIDING OFFICER. The Sen- Mr. DURBIN. I did yield for a ques- is the Appalachian Regional Short- ator from Illinois has the floor. Line Rail Project; the location, Ken- Mr. CORKER. This also is not com- tion, and I don’t believe the Senator tucky, West Virginia and Tennessee, ity. has a question, but I respect him and and the TIGER funding there is $17 Mr. DURBIN. I will yield for a ques- respect his point of view. million. The fact is many people be- tion after I respond to the Senator Mr. CORKER. My question is: Is this lieve these will create jobs in Ken- from Tennessee, and what I would say the way the Senate functions? And I tucky and put people to work. They is the Senator is incorrect. After the am asking someone who I respect right have been spoken for and obligated. If Senator from Kentucky objected this now. that money were taken out of the stim- evening, the Republican side was noti- Mr. DURBIN. I said to the Senator ulus package, it may affect that fied that I was going to come to the that we gave notice to the Senator project or some other project. But the floor and renew this unanimous con- from Kentucky, after he had made his fact is the money is not just sitting in sent request. The Senator from Ken- objection. So this was not a sneak at- the stimulus fund waiting to gather tucky knew it. He was notified in ad- tack. As soon as he made his objection, dust or interest; it is money that has vance. We then had three subsequent we notified the Republican side of the been spoken for to put people to work rollcall votes and a unanimous consent aisle of what I was going to do. in Kentucky and Illinois and all across request, and then I came to the floor. Secondly, I would say that I think America. So the Senator from Tennessee is not those of us who—— The fact is the Senator from Ten- correct. He was given prior notice. nessee came and asked me why didn’t I would be happy to yield further for Mr. BUNNING. Unfortunately, that is we offer the Senator from Kentucky a a question. not true. chance to offer his amendment. We did. Mr. CORKER. I appreciate the expla- Mr. DURBIN.—Put a hold on a bill or And if he had taken that opportunity, nation. I believe we are stooping to a a hold on a nomination can certainly he might have won, he might have lost, low level. do that. I think they ought to step for- but he would have had his day on the Mr. DURBIN. I am sorry, I did not ward and say publicly when they do floor of the Senate, which is all any of hear the Senator. that and why they do that. us can ask for—an up-or-down vote. In- Mr. CORKER. I believe we are stoop- Mr. CORKER. That has been done. stead, he said: If you don’t pay out of ing to a low level. The Senator from Kentucky and I agree on a lot and we Mr. DURBIN. In this situation, in the stimulus, no one is going to get un- fairness to the Senator from Kentucky, employment benefits, and that is, I be- disagree on a lot, and I am not here at this moment to debate the merits of ei- he has been very public and open about lieve, an unreasonable position, and his objections to this. I certainly re- that is why we have taken to the floor ther side. What I am saying is this is not the way the Senate functions. spect we have different points of view. this evening. But I would say to the Senator from Mr. CORKER. Will the Senator yield? Everybody in the country now knows Mr. DURBIN. I will yield to the Sen- that the Senator from Kentucky has a Tennessee, here is what I face and what ator for the purpose of a question. hold on this bill. That is something other Senators face. After we com- Mr. CORKER. Mr. President, I have that is honored. Not a hold on the bill, pleted these rollcalls here, we would been working in an unusual way across but he is objecting to unanimous con- have walked out the door and gone the aisle on an issue that I think is im- sent, and that is something that we home and relaxed and headed home for portant in this body for the last 2 honor in this body. If the attempt the weekend, and then come Sunday, weeks, and I had planned to spend all made tonight is going to be to keep a somebody might have noticed the un- day tomorrow, Saturday, Sunday, and man 20 years my senior here, without employment benefits for 15,000 people Monday—whatever it takes—to get a the knowledge that this was going to in my State were cut off, eliminated, bill that I think is important to this happen—obviously other people had people out of work. country and important to this body. It this knowledge—you can see that no- I could have left. I would like to be is 10 till 11, 5 till 11. And whether you body on our side did. home relaxing too—I am not a spring agree or disagree with the Senator I was getting ready to go to bed, get chicken—but I think it is an important from Kentucky, I am here because I up in the morning, resume my talks enough issue to stand up and speak think this is a broadside. The fact is with Senator DODD—which regardless about it tonight. We have heard from that we here in the Senate give each of what you all do tonight I am going the Senator from Kentucky. I have other notice. to continue because I think our coun- yielded to him in a way that may go I understand the frustration with my try has serious problems that need to beyond what is required, but I wanted friends on the other side of the aisle. I be dealt with—but this, in my opinion, him to express his viewpoint, and he talk to many of you after the lunches is beneath the Senate. And while I has, about why he has done this.

VerDate Nov 24 2008 03:36 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\RECORD10\S25FE0.REC S25FE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE February 25, 2010 CONGRESSIONAL RECORD — SENATE S789 And, yes, I am a little weary stand- our workers in our States, to come to cans. We need to get this 1-month ex- ing here, too, and I don’t plan to stand this floor and say: This matters. This tension, we need to respect that every- here all night. But if we were to walk matters for working families. one in this Chamber, every one of our out that door and ignore the impact of When I was asking the people of Or- 100 Senators can proceed to carry this that objection on the thousands of peo- egon to consider my candidacy to come debate on over this coming 30 days. We ple in our own State, do you think we here to represent them, I went on a 100- are going to have another chance to are meeting our obligation as Sen- town tour with 100 public townhalls. In vote on this. But tonight we should not ators? I think it is worth speaking out. every townhall, people came and take our differences over the process— You must receive these same commu- talked to me about the challenge of or our differences over what happened nications I receive from people who are employment and health care. Tonight, during the Bush administration—and out of work. These are sad, heart- both are at stake. take it out on the most vulnerable breaking stories. We are about to make I had one woman who stood and she members of our society. these stories even worse because of the said: I got a letter from my doctor So I ask my colleague from Illinois, objection of one Senator. whom I have had for many years. I does he share my concern that we are Yes, it is his right to do it. But it is think she said 20 years. She said: The taking procedural differences and age- our right to stand and explain the ef- letter fired me from being a patient be- old debates and we are taking it out on fect this is going to have on a lot of in- cause I am on Medicare now and that the most vulnerable? Is it the wrong nocent people. the doctor had dismissed all the Medi- thing to do, as I believe? I yield to the Senator from Oregon care patients because the calendar Mr. DURBIN. I say to the Senator for purposes of a question. could now be filled with folks with pri- from Oregon that is exactly why I am Mr. MERKLEY. I thank the Senator. vate insurance that paid better. standing. I didn’t plan on doing this. I I have before me a chart on workers My colleague from Alaska was talk- had a pretty full day down at the Blair losing Federal unemployment benefits ing about that problem in Alaska. It is House and other places. I believed, by at the beginning of March. It notes a huge problem in Oregon that our sen- the end of the day, the Senator from ‘‘Workers Exhausting Regular State iors who are on Medicare cannot get in Kentucky would agree to a vote. He Benefits without Additional Federal the door of a doctor—at least it is in- would have had his chance on the Extensions’’ as 380,000 workers. Then creasingly difficult. The result of it floor—which is all we can ask for in the there is an additional column that says being increasingly difficult is, a pro- Senate, to argue his point of view—and ‘‘Workers Prematurely Exhausting gram they have counted on to provide that we would be able to go home for Their Federal Benefits’’ at the start of their health care they are unable to the weekend knowing unemployed peo- March: 813,000. I am rounding off. It has utilize. ple across the United States would not a ‘‘total’’ column that says, for the Tonight we are considering an exten- have their benefits cut off—cutting off United States as a whole: 1,193,838 indi- sion or a fix of the physician payments unemployment checks in the midst of viduals lose their benefits. related to this very issue, whether doc- this recession. As I am reading this chart, my im- tors are going to take and keep taking I had not planned on being here to- pression is they are losing their bene- Medicare patients in their agenda. We night, but I thought to myself, I say to fits at the end of February if we do not have talked about unemployment, but the Senator from Tennessee, how can I have an extension. Am I reading this it is equally important we address this walk out that door and go home and go correctly? Medicare rate because, in my State, it to bed and say: Well, just another day, Mr. DURBIN. I say to the Senator is a growing challenge. We have a gen- another objection. Those 12 million from Oregon, I believe it is the end of erational contract with our citizens people who sent me here expect me to March. over Medicare that they are going to be stand for them once in a while. Mr. MERKLEY. The end of March. able to get in the door of a doctor’s of- That is what I am trying to do. I can- But there are many people who lose fice. If we do not address this payment not believe we have reached the point their benefits much sooner if we do not issue, then we are not honoring that in the Senate where these battles over pass this extension? generational commitment under the cosmic issues are being visited on peo- Mr. DURBIN. As I understand it, Medicare Program. ple who are struggling to survive day some will start to lose them as of Sun- So I do, respectfully, disagree with to day, to put food on the table. That day night. Then, as their benefits ex- my colleague from Tennessee. I wish is what it has come down to. That is pire, by the end of the month, the Sen- we had more debates such as this. I exactly what it has come down to. I ator is correct: 1,193,000 people. The wish we had more debates such as this think that is unfortunate. I think we Senator from Kentucky and others with votes. I wish we had a vote to- are better than that. I think we should have said eventually you are going to night, with a debate, and that my good be better than that as a Nation and as get around to the process of actually colleague from Kentucky had agreed to a Senate. getting the 30-day extension. It is true have the debate and had made his case Does the Senator from Vermont seek we could do that. We could use up an- and persuaded us on this floor of his the floor to ask a question? I yield for other week of time of the Senate to go point or that others would have made a the purposes of a question. through the filibusters and cloture mo- different point and would have been Mr. SANDERS. I say to my good tions on the motions to proceed and persuasive. But we didn’t have that de- friend, the Senator from Tennessee, he the rest of it. But it strikes me as a co- bate because the offer was made and is a good friend as is the Senator from lossal waste of time and a sad com- the offer was rejected. Kentucky. I like the Senator from Ken- mentary on the Senate that we are Here I am tonight, looking at the tucky. I know he is honest. He is sin- forced to do this to provide simple un- thousands and thousands of Americans cere. He is not hiding. He is here. I re- employment benefits to people across who are going to lose their health care spect that. We disagree very strongly America who are out of work. because they will not be able to get in on his position. Mr. MERKLEY. My friend from Ten- a doctor’s door, who are going to lose The Senator from Tennessee said a nessee has made some comments about their COBRA benefits and therefore moment ago his point of view, this is the process. I must say I very much re- will not be able to afford the expense of not the way the Senate functions, that spected the dialog he has been involved health care because they are unem- is not what the Senate is about, in so in, in the Banking Committee, through ployed, who are going to lose their un- many words. the year I have served on that com- employment insurance benefits—or If you go and ask millions of people mittee, working to find the right way looking at the businesses that are try- and say if the amendment of Senator to have regulatory reform that will ing to get small business loans that BUNNING came to the floor of the Sen- help put our economy back on track. will not be able to get them if we are ate—no one can predict what the vote There is so much I agree with him on. not extending the small business loan would be, but my guess is he would But I completely, respectfully, disagree guarantee program. probably lose. That is my guess. But he that it is inappropriate, when unem- I think this is about one of the most has decided, one person, to say to hun- ployment benefits are threatened for important debates for working Ameri- dreds and hundreds of thousands of

VerDate Nov 24 2008 03:36 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\RECORD10\S25FE0.REC S25FE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S790 CONGRESSIONAL RECORD — SENATE February 25, 2010 workers, I, one Senator, am exercising They are angry. They are confused. Do But to deny unemployment benefits my right, no question about that, and I you know why? They went through a to make your point about the Nation’s am going to object. I, one person who decade where they worked hard and at debt takes this to an extreme. That is does not have the votes to pass my the end of that decade they were poorer why I am here. That is why I did not go amendment, am saying to people—you than when they began the decade and home tonight. I would like to be there have heard the Senator from Illinois then came the Wall Street collapse and to see what is happening with the describing these stories of the pain, then came massive unemployment. Olympics and what every other Amer- turmoil that families are going What we are trying to do—no one ican family is doing. But I thought to through. No one disputes what he is thinks the extension of unemployment myself, I cannot walk out that door saying. It is going on in Tennessee, it is the solution. We have to rebuild the without speaking up for what I con- is going on in Vermont, Kentucky, Mis- economy. We have to create jobs. But I sider to be an unjust decision by one of souri. We all understand that. I don’t hope nobody in this room thinks it is my colleagues. think there is a disagreement. People acceptable or moral that we allow des- He sees it differently. I do like Sen- are hurting terribly. perate people to go over the cliff—not ator BUNNING. He and I may have had I don’t think there is a disagreement. to have money to buy food? our differences, but we have had some When people Monday morning wake Hunger in the United States of Amer- good conversations about baseball. and find they are not getting the safety ica today is a serious problem. It is not Maybe that is all but about baseball. net of that life-supporting check, do a joke. This is America. Desperate peo- Mr. SANDERS. I would say that the you know what people are going to be ple, for their kids, for their parents, Senator and I have had strong agree- feeling? Do you know what panic? They need that unemployment check. ments. I would ask the Senator from Il- don’t know how the bureaucracy We are going to pass this. I gather we linois, in the hearing of the Senator works. Suddenly, they wake and some- will pass it next week. But all we are from Kentucky: Look, the Senator body says: I am not getting my check. doing is disrupting the lives of hun- from Kentucky has raised important Am I ever going to get a check? Well, dreds of thousands of people for no issues. I would hope that he would they are going to get a check, but it is good reason. Senator BUNNING has allow us, not for our sake, but for the delayed. raised important issues. I disagree with sake of tens and tens of thousands of There was an article in the paper just him, but those issues are important. people, to get those checks out. Let’s the other day, one of the ramifications Let’s debate them. But you do not have come back and continue that debate. of this recession, and we all know it is to do it on the backs of the middle You have raised the right issues. true, is what it is doing to the emo- class and the working class who have These unemployment checks are going tional health of people. Think about been decimated for years and are now to go out, unless I am mistaken. So all people who want to work, who have in worse shape than they have been and we are doing is disrupting the process. worked their whole lives and cannot now we are suddenly pulling out the We understand where you are coming from. You have raised a fair point. It is find a job. Do you know what it is rug. a very important issue. doing to them? To their emotional I ask my friend from Illinois, my as- But I would, through my friend from sumption is, we are at some point soon well-being? Do you think they like un- Illinois, ask my friend from Kentucky, employment checks? The vast majority going to pass these unemployment ex- who is a friend—I like JIM BUNNING: tensions. My understanding is, I don’t don’t want it—a thousand times more Let us continue this debate. But it does know how it is going to be, but I sus- they would like a job. Suddenly, for no not have to be tonight. It does not have pect many Republicans are probably understandable—they don’t understand to be in a way that causes confusion going to vote with many on this side; is what is going on. I don’t understand and uncertainty and a lot of pain for a that a correct assumption? And are we what is going on half the time in the lot of people. So I would— Senate. Suddenly, because one Senator simply bringing more pain and confu- Mrs. MCCASKILL. Would the Senator says: I am sorry, I object, I object, and sion to hundreds of thousands of people yield for a question? thousands and thousands of people are who suddenly, Sunday, Monday, are Mr. DURBIN. I would be happy to wondering whether they are going to going to find out they don’t get a yield. But I would say also to the Sen- survive. check? ator from Tennessee and the Senator They are going to get their checks. Mr. DURBIN. I would say, in response from Kentucky, there is a version of We will eventually pass this. to the Senator from Vermont, the last this unanimous consent request which This is a good debate. We have a $14 time we went through this exercise will give you your vote. If the Senator trillion national debt. How did we get about unemployment benefits, he may would agree to that. You will not. here? How do we resolve that debt? recall there was a Republican Senator I yield to the Senator from Missouri. Who in this room thinks that a $14 tril- who insisted on an amendment on the Mrs. MCCASKILL. The Senator from lion debt is sustainable? Nobody does. bill relating to ACORN. If he could not Tennessee and the Senator from We have to deal with that issue. Who get another chance to take a swing at Vermont and the Senator from Rhode caused it? We have disagreements. How the organization, ACORN, he was going Island all came here in the same class. do you solve it? We have disagree- to hold up the unemployment benefit The Senator from Oregon just arrived ments. Let’s argue out those disagree- bill. in January. So we have not been here ments but not on the backs of people I reached the limit of my patience at for a long time to watch how the Sen- today who are hurting and hurting ter- that moment. I thought to myself, it ate works and how the Senate tradi- ribly. was not the first, second, third, or tionally has worked. I know it ap- One of the points I would like to ask fourth or fifth time, it was going to be peared to my pal from Tennessee that the Senator about is we are not just the sixth or seventh time. There was a this looked like some organized am- looking at record-breaking unemploy- belief on his part that he had to keep bush of the Senator from Kentucky. I ment in our lifetimes. This unemploy- taking a swing at this organization, have to tell you the truth, we are not ment rate takes place after years and even at the expense of delaying unem- that well organized. If we were that years of decline. ployment benefits. well organized, we probably would have There was an interesting piece—I I will tell you, I think that is unfor- been doing more of this a long time don’t have the date, it was a couple tunate. If you want to fight a battle, ago. months ago—in USA Today; astound- for goodness’ sakes, make it a fair I honestly came down to the Senate ing facts. What they said—this is from fight. Do not fight the battle over the floor understanding a deal had been USA Today, I think going through the bodies of people who are unemployed made to give Senator BUNNING a vote census data. Between 2000 and 2008, and struggling to get by on a day-to- on his amendment. I expected that vote men between 25 and 34 saw an 11.7-per- day basis. If you want to fight the bat- to occur. I had not talked to my office. cent drop in their median income; peo- tle of the deficit, fight the battle of the I was surprised when I got to the floor ple, then, from 45 to 54, 11.2 percent deficit on the budget resolution or and realized that Senator BUNNING, drop. In other words, all over this whatever appropriations bill you which he can do under the rules, was country we see people who are furious. choose. going to hold it.

VerDate Nov 24 2008 03:36 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\RECORD10\S25FE0.REC S25FE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE February 25, 2010 CONGRESSIONAL RECORD — SENATE S791 I walked up as I was finishing voting I am glad you are doing it. It does hard as you are working in a bipartisan on the third bill, and I said to DICK: harken back to a better era in the Sen- way, I hope it is contagious because if Are you going to stick around and ate when people did work on a bipar- you can spread it around a little, I make him object again? tisan basis. So I would say to the Sen- think the American people would be so He said: You know, I think I am ator from Missouri, we have been here proud that we would quit this nonsense going to stick around for a while. I just for a while, and I know there are staff of political holds and political do not feel right going home. people here who did not plan to be here ‘‘gotcha’’ amendments. At that moment I thought: I do not this late. In deference to them, I am By the way, I am the first to admit feel right about going home either. I going to allow the Senator from Mis- this has gone on on both sides. This is think it is time, if we are going to do souri to ask a question. I am going to an equal opportunity Senate. But it is an objection every 5 minutes, and if we then make a unanimous consent re- time that we try to make this place are going to have holds—if this was a quest again. Then at that point, I will work better. hold on a nominee, it could wait until not make it after that point. I have to tell you honestly, my dear Monday. But when Senator BUNNING Mrs. MCCASKILL. Well, I guess what friend, I think tonight helps. I do not decided to do this, it came at a risk. I am trying to ask the Senator is—I do think it hurts. I think it is a good And the risk it came with was that not think most Americans think the thing, and I am proud to have partici- there were going to be Senators who Senate is working very well right now. pated in this tonight. I think the Sen- were going to speak out about it. There I think most Americans think we are ate would be a healthier place if we did were going to be Senators who were behaving sometimes like children. I it more often. going to disagree with him, and they think most Americans are not sure I thank the Senator from Illinois for were going to publicly say that this is what the rules are and what the dif- yielding for this time, and I thank him not the moment. ference is between a cloture, a fili- for sticking around as long as he has, This $10 billion, with all of this def- buster, a motion to proceed, and a mo- so at least we now know what has hap- icit spending that has gone on for the tion to recommit; what is the dif- pened and why. last decade, this is not the moment to ference between a reconciliation and a Mr. DURBIN. If that is a question, I have one Senator say: I can stop it. So conciliation or all of the other terms agree. In defense of the question, I I felt like I wanted to talk about it. we throw around here. agree with what the Senator said. But nobody organized this. Nobody But there is one thing I think we all I yield to the Senator from Rhode Is- said: JEFF MERKLEY, can you stay? need to come to grips with; that is, if land. This is just some of us decided we we are going to try to stop the place, Mr. WHITEHOUSE. I was presiding wanted to stay and talk about it. we need to be proud to own it. I think during the time that my friend, Sen- Here is what I ask. Have there been that goes on both sides of the aisle. If ator CORKER, was speaking. I did not this many objections and holds tradi- a Senator wants to hold a nomination, have the chance to respond. But I want tionally in the Senate? I do not think they should be allowed to assure him, through the Chair and Mr. DURBIN. No. to keep it secret for 10 seconds. If through this question, that as the dis- Mrs. MCCASKILL. Have we had this somebody wants to try to hold a bill or many? Have there been this many ob- tinguished Senator from Missouri has wants to object to something, I think just said, this was not planned on our structions to the regular order of the this nonsense that they have had in the Senate traditionally? side, at least not by me. I came for the Senate forever that it is a secret for a votes. Mr. DURBIN. I have been here 14 while is the stupidest thing that I can years—14 years in the House, 14 years The only surprise tonight was my possibly imagine. surprise that a Senator was going to in the Senate. This Senate has changed If you are big enough to get elected stop our unemployment insurance pro- so dramatically in the 14 years I have to the Senate, you ought to be big gram. It never crossed my mind, until been here. We actually had debates on enough to own what you do with your it just happened tonight, that was the floor of the Senate. We had Mem- rights when you get here. Senator within the realm of possibility. I have bers offering amendments back and BUNNING has stood up strong tonight, forth. I mean good debates. I thought it and he has explained his position. A 75,000 people unemployed in my small really was a joy to be part of a delib- few of us stuck around and talked State of Rhode Island. We are at 13 per- erative body that engaged in that. about our positions. I think that is cent unemployment. But now we are in this era of cloture about the healthiest thing we can do. I So when I discovered, as a surprise and filibuster and holds and objections, think it is a heck of a lot healthier tonight at these votes, that this was and it grinds to a halt. You think to than running around behind closed going to happen, like Senator DURBIN, I yourself: No wonder there is frustra- doors placing holds that nobody knows could not just walk away from this tion among the membership, and no are there or why. Chamber. No way. No way. wonder so many people on the outside I make a pledge tonight that if I am But it was not as part of a planned look at us and say: Why are they not ever going to hold anything, the surprise. The person in my life who was doing things? minute I decide to do it, I am going to surprised as to what happened tonight How can we explain to people in Mis- say what it is, why it is, and I am going was me. Frankly, I am still surprised, souri, Illinois, or Tennessee or Ken- to own it. I think it is time that all of and I am surprised this has not re- tucky that we are here tonight because us do that. If somebody is not willing solved itself during the course of this we are going to cut off unemployment to own it, then I hope someone comes discussion. benefits? You know, the Senator is to the floor and does to them what we I am surprised that the 75,000 people right, the Senator from Vermont is are doing tonight. in Rhode Island and over 1 million peo- right. The day will come when those I think the sooner we own what we ple in this country, who are going to unemployment benefits will go are doing with our rights in the Sen- wake up to the worry and concern and through. It may take us a week. We ate, the sooner we wear them like a extra anxiety that Senator SANDERS may have to eat up a whole week of the proud coat of bright-colored feathers, spoke about, are going to have to face Senate Calendar to get that done. the better off we are going to be in that. I think it is unfortunate. But it is You think to yourself: Senator, is terms of getting things done around not because of a surprise attack by me. there not something you should be here. This is not about making the It is because I am responding to a sur- doing that is more important? And we other side fail. That is not what this is prise to something that I think is very know there is. We should be working supposed to be about. This is supposed unfortunate and extraordinarily pain- on a jobs program. We should be work- to be about us working together like ful for tens of thousands of regular ing on health care. You are working on you are trying to do. working people who did nothing wrong financial regulations. I know, Senator My friend, the Senator from Ten- but cannot find work in this economy CORKER, you may be upset with me at nessee, you are doing the right thing. in my home State. this moment. But I respect you so You are trying to find common ground I thank the Chair. much. It shows extraordinary courage and work hard, and there are plenty of Mr. DURBIN. I thank the Senator. I on your part to step up and try and us who want to do that. I hope that am happy to yield for a question from tackle this tough issue. whatever is motivating you to work as the Senator from Tennessee.

VerDate Nov 24 2008 03:36 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\RECORD10\S25FE0.REC S25FE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S792 CONGRESSIONAL RECORD — SENATE February 25, 2010 Mr. CORKER. Mr. President, I thank The PRESIDING OFFICER. The Sen- Mr. DURBIN. It is my understanding the Senator from Illinois. I have to say ator from Illinois yielded for a ques- we will now move to closing the ses- to my friend from Missouri that I agree tion. sion. I thank my colleagues on both that the discussion has been very good. Mr. DURBIN. I would say to the Sen- sides of the aisle, particularly on the I received an e-mail from my staff re- ator from Tennessee, here is the dif- Democratic side, for sticking with me garding what was happening. I got in ficulty we face. Of the stimulus funds through the course of the evening. my car and drove down here. I have to currently sitting there, they have been None of us had planned for this, and it say that as I look across the other side obligated. They will be spent. There came as a surprise that this issue came of the aisle and on this side, I have a won’t be a surplus, we are told, of any before us. I think there were heartfelt lot of friends, a lot of goodwill. funds. This would have come out dur- sentiments stated here, and I thank I say to the Senator from Illinois, I ing the course of the debate, if Senator them very much for staying with me. don’t think I have ever, in my short BUNNING had accepted our offer of the time here, 3 years 2 months, I don’t amendment. To agree to this now is to f think I have offered a message amend- basically agree to what he has been asking for, just say we will pay for it ment. I don’t think I have ever offered REMEMBERING VERNON HUNTER anything that was meant to obstruct with the stimulus. I don’t think it unnecessarily. As a matter of fact, I should be, and I don’t think it can be. Mr. KAUFMAN. Mr. President, I rise offer very few amendments. I try to do It should be the subject of a good floor once again to recognize one of Amer- my work with other Senators and bring debate. That is what the Senate is for. ica’s great Federal employees. I have things to the floor that are hopefully I understand you can’t make a unani- spoken before about the values that ready to pass. mous consent request when I have bind our Nation’s public servants to- At the end of the day, the Senator yielded only for a question. But that gether. One of the most fundamental of from Vermont is the best I know in would be my response to you based on these is sacrifice. this body at talking about compassion that. We see this quality each day in the for people that I know he believes; I Mr. CORKER. I would like a ruling men and women who serve in uniform, think we all believe. I always listen to from the Chair. both in the military and in law en- The PRESIDING OFFICER. The Sen- him with great awe, candidly, at his forcement. They put themselves in ator from Illinois is correct. ability to express what all of us feel Mr. CORKER. I thank the Senator for harm’s way to keep us all safe and pro- about people who are unemployed or yielding for a question, and I thank tect our freedoms and way of life. have large heating bills or whatever him for this discussion. I understand Those who work in civilian roles also may exist. I don’t really think that is my request is out of order. I actually routinely take risks to their safety what this debate is about. It isn’t. This thank each of you for your heartfelt when performing their jobs, including debate is about the fact we are spend- comments. All of us know that we all the many Federal employees posted ing money that we don’t have. Yet we want to see these benefits extended. overseas and at our borders. have passed a $787 billion stimulus bill Mr. DURBIN. Mr. President, I am This week, sadly, our Nation mourns that won’t be spent until way beyond going to ask this unanimous consent the loss of a truly outstanding public 2012. request one last time this evening. I servant who was killed last Thursday I cosponsored an amendment, a piece will not be making another unanimous in the tragic attack against an office of legislation with the Senator from consent request until tomorrow morn- building in Austin, TX. Colorado, Mr. BENNET, to use some of ing. There will be an opportunity, I be- Vernon Hunter was a 27-year veteran that unspent money past 2012 to pay lieve, with the Senate coming into ses- of the Internal Revenue Service and be- down the deficit. He is in a tough race. sion, pursuant to the adjournment fore that served for two decades in the He wanted me to cosponsor something script, at about 9:30 in the morning. I U.S. Army. that was sensible, and I did. will make one request. I will make the Earlier this month, I honored an IRS This is really not about the fact that same unanimous consent request in the employee who made it possible for tens all of us want to see people who are un- morning. That is the only time I will of millions to file their taxes electroni- employed have these benefits. We don’t make it. But at this point that is my cally. At that time I spoke about how want to see physicians take a 21 per- plan. our IRS employees continually work cent cut. It is about paying for it. I I thank the members of the staff, all hard to make it easier and less stress- wonder if the Senator from Illinois of them, who were not notified that ful for Americans to pay their taxes. would agree to me offering unanimous this was going to happen this evening Vernon was one of the great IRS consent that we pass this measure that and had to make changes in their own is before us, and we do it tonight. And managers who helped process tax fil- personal and family plans as a result. ings and resolve issues for taxpayers. we pay for it with unspent funds from As we have said, there will be thou- He had a reputation for being kind and the stimulus bill that won’t be utilized sands and thousands of people across full of life. He always wanted to help or are not planned to be utilized until America impacted by this decision in people solve their problems. His biog- beyond 2012. That is what this debate is just a few days. That is why many of us raphy reads like a lesson in service and about. All of us want to see people get thought it was worth the wait and the sacrifice. unemployment benefits. We want that. effort. I still believe it was. We want to see them have all the I ask unanimous consent the Senate A native of Orangeburg, SC, Vernon things that are in this bill. It is not proceed to the immediate consider- enlisted in the U.S. Army after grad- about that. You know that if this bill ation of H.R. 4691, a 30-day extension of uating from high school. He served two were offset, it would have been voice provisions which expire on Sunday, combat tours in Vietnam, at the same voted out of here. February 28—unemployment insurance, time facing discrimination at home I ask unanimous consent that we COBRA, flood insurance, Satellite when he was turned away from an all- pass this measure out, that we offset it Home Viewer Act, highway funding, White boarding house despite wearing with unspent stimulus moneys that are SBA business loans and small business the uniform. Vernon remained in the going to be utilized past the year 2012, provisions of the American Recovery Army for 20 years, after which he and then we work together, just like Act, SGR, and on poverty guidelines— worked for a short time in the private we are tonight, to figure out a way to received from the House and at the sector. However, as do many of our make up that difference. I know this is desk, that the bill be read three times, great Federal employees, he believed something that is very important to passed, and the motion to reconsider be he had always been called to serve his the administration. made and laid upon the table. Nation, and he returned to Federal em- The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Is there ployment nearly three decades ago ator from Illinois. objection? when he began working for the IRS. Mr. DURBIN. Mr. President, I ask for Mr. BUNNING. I object. Last week, Vernon lost his life when the regular order. I yielded for the pur- The PRESIDING OFFICER. Objec- a small plane appeared out of the clear pose of a question. tion is heard. morning sky and struck his office

VerDate Nov 24 2008 03:36 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\RECORD10\S25FE0.REC S25FE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE February 25, 2010 CONGRESSIONAL RECORD — SENATE S793 building. The pilot also died in an act worked to drive the Confederates out of I will continue to fight for these re- of apparent suicide, leaving behind a nearly all of Arkansas. forms, just as I did a few months ago in lengthy manifesto condemning cor- President Lincoln also took note of the Senate Judiciary Committee. Our porations, the government, and sin- the bravery of the First Kansas Colored committee took up the USA PATRIOT gling out the IRS. Although 13 people Infantry when he noted to a group of Act Sunset Extension Act in October were injured, Vernon was the only per- visitors from South Carolina who came 2009, and Senator DURBIN and I pushed son killed in the violent explosion that to complain about the arming of for improvements on a variety of ensued. Blacks: ‘‘You say you will not fight to issues. Some of those amendments Loyal, dedicated public servants such free Negroes. Some of them seem to be were successful, such as the amend- as Vernon bravely put themselves at willing enough to fight for you.’’ These ment shortening the presumptive time risk each and every day through the men of the First Kansas Colored Infan- period for delayed notice of a ‘‘sneak mere act of doing their jobs. The at- try continued to fight until the end of and peek’’ search warrant from 30 days tack in Austin was, of course, presaged the Civil War, being credited with see- to 7 days and the amendment requiring by the Oklahoma City bombing and the ing action at Sherwood, MO; Honey that the Attorney General issue proce- anthrax attacks of 2001. Springs; Indian Territory; and Law- dures governing the acquisition, reten- Civilian Federal employees know rence, KS; Poison Springs, AR. They tion, and dissemination of records ob- there is always a risk. Many pass saw more regular combat than any tained via national security letters, through metal detectors each morning other black regiment of the war. In Oc- NSLs. There are other provisions in coming to their offices. Mail is tober 1865, the men of the First Kansas that bill that I strongly support, as screened and emergency drills re- Colored Infantry were discharged at well, including new inspector general hearsed. A Federal office building is a Fort Leavenworth. audits, a sunset for the first time on place of both dedicated work and un- Frederick Douglass once stated, ‘‘In the NSL authorities, and changes to witting risk in the name of service to a composite nation like ours, as before the NSL and section 215 gag orders to country. Vernon, tragically, epito- the law, there should be no rich, no help bring them in line with the first mized both. poor, no high, no low, no white, no amendment. Vernon was 68 years old and is sur- black, but common country, common But in key ways, that bill fell short, vived by his wife Valerie who also citizenship, equal rights and a common and as a result I voted against it in works for the IRS in the same office destiny.’’ These men were willing to committee. Most importantly, it did building, along with six children and give their lives in the hopes for a bet- not contain critically important pro- stepchildren, seven grandchildren, and ter future, an equal future, for their tections for the government’s use of a great-grandchild. According to his children. It is a struggle that continues section 215 orders and NSLs. Senator son, Vernon was planning to retire today, and we look to our history as we DURBIN offered amendments that would from the IRS and go back to school. He continue to engage in it. have required that the government be wanted to teach children with special Mr. President, the men of the First able to demonstrate some connection— learning needs. Vernon was also an ac- Kansas Colored Infantry helped shape however tenuous—to terrorism before tive member of the Greater Mountain this nation into a society of freedom obtaining an individual’s sensitive Zion Baptist Church in Austin where and a beacon of hope around the world. business records using these authori- he ushered and where his funeral will I ask that we all thank them and honor ties. But those amendments were re- be held tomorrow. their legacy of service. jected. I hope my colleagues will join me in f This was in some respects mysti- honoring Vernon Hunter and express- fying. The Senate Judiciary Com- USA PATRIOT ACT EXTENSION ing our condolences to his family, mittee passed this same standard for friends, and those who worked with Mr. FEINGOLD. Mr. President, this section 215 orders unanimously in 2005, him at the IRS. He made the ultimate is not where I hoped we would be, 81⁄2 and the Senate adopted it by unani- sacrifice in service of our Nation. years after the USA PATRIOT Act be- mous consent that year, although it f came law. Congress should not have was not in the conference report that passed that law in such haste in 2001 ultimately became law. The arguments BLACK HISTORY MONTH and ought to have enacted meaningful that led the Senate to pass this stand- Mr. BROWNBACK. Mr. President, I reforms to it years ago. That is why I ard in 2005 still apply. The ‘‘relevance’’ rise today during Black History Month voted against the PATRIOT Act in the standard in current law is still dan- to honor the history and legacy of the first place, and it is why, Congress gerously overbroad and the burden of First Kansas Colored Infantry, a regi- after Congress, year after year, I have proof should be on its proponents to ex- ment of former slaves, which was the sponsored and cosponsored bills and plain why a more focused standard, first group of Black men to fight in the amendments to enact changes that unanimously supported by the Senate American Civil War. would protect the rights of innocent in 2005, cannot serve as an effective This regiment of escaped Black Americans while also ensuring that the counterterrorism and national security slaves was the first organized into serv- government has the authorities it tool. ice for the U.S. Government. They were needs to protect national security. I recall during the debate in 2005 that commanded by COL James M. Wil- So needless to say, it is far from ideal proponents of section 215 argued that liams. For the first time during the that the three expiring provisions are these authorities had never been mis- Civil War, Black troops were fighting being extended for 1 year. But my hope used. They cannot make that case now. alongside White troops in the name of is that Congress will take the oppor- Section 215 has been misused. I cannot freedom and equality. tunity presented by the 1-year exten- elaborate, but I believe that the public In June 1862, Kansas Senator James sion to finally enact the meaningful deserves some information about this. I H. Lane started recruiting troops from changes to the PATRIOT Act that I and others have also pressed the ad- among free Blacks, especially the in- have been advocating for years. It is ministration to declassify some basic creasing numbers of fugitive slaves in well past time to place appropriate information about the use of section Kansas, men who had fled their mas- checks and balances on authorities like 215, and it has declined. I hope that the ters in Missouri and Arkansas. The national security letters, whose abuse administration will reconsider and that progressive nature of Kansas made it the inspector general has documented more information will be declassified appealing to slaves fleeing Missouri repeatedly; ‘‘sneak and peek’’ searches, before this reauthorization process is and Arkansas as soon as the Civil War which allow government agents to completed. I do appreciate that the ad- fighting began. By August 1862, Colonel search Americans’ homes without tell- ministration has offered to provide in- Williams assembled 500 men in a camp ing them until well after the fact; and formation about this to Members of the outside Leavenworth. These men section 215 orders, which authorize the Senate beyond those of us who serve on fought bravely in July of 1863, at Cabin government to secretly obtain records the Intelligence and Judiciary Com- Creek, when the First Kansas Colored about Americans without connections mittees. But that is just a start. We Infantry along with other Union forces to terrorists or spies. must find a way to have an open and

VerDate Nov 24 2008 03:36 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\RECORD10\S25FE0.REC S25FE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S794 CONGRESSIONAL RECORD — SENATE February 25, 2010 honest debate about the nature of NOMINATION OF JUSTICE the bench in Virginia and one of the these government powers, while still BARBARA KEENAN initial 10 appointees to the Virginia protecting national security secrets, Mr. WARNER. Mr. President, in the Court of Appeals following its creation and under current conditions that sim- summer of 2009, Senator WEBB and I in 1985. ply isn’t possible. had the honor of interviewing several Six weeks ago Justice Keenan was Congress and the American people potential candidates to serve on the the first woman to administer the oath do, however, have a great deal of infor- U.S. Court of Appeals for the Fourth of office to a Virginia Governor, Gov. mation about how the national secu- Circuit. We were enormously impressed Bob McDonnell. rity letter authorities have been by the quality of all the candidates In May, Virginia Lawyers Weekly abused by the FBI. In a series of in- being considered. But one candidate named Justice Keenan as the ‘‘influen- credibly detailed audits—audits that rose to the top of the list for her exten- tial woman of the year’’ for ‘‘a litany the Judiciary Committee chairman sive experience, judicial temperament, of first and years of service.’’ worked so hard to require in the 2006 and commitment to the law. This can- I look forward to casting my vote in PATRIOT Act reauthorization legisla- didate was Justice Barbara Keenan. support of Justice Barbara Keenan’s tion—the Department of Justice Office President Obama nominated Justice nomination and encourage my col- of Inspector General has documented Keenan on September 14, 2009. The Sen- leagues on both sides of the aisle to do years of misuse. In his first report, in ate Judiciary Committee held a hear- the same. 2007, the inspector general found—as he ing on the nomination where members f put it—‘‘widespread and serious misuse of the committee were given the oppor- ADDITIONAL STATEMENTS of the FBI’s national security letter tunity to engage Justice Keenan in a authorities.’’ His most recent report question-and-answer session. On Octo- documents even more instances of the ber 29, 2009, the members of the com- TRIBUTE TO TONY BELL FBI inappropriately obtaining tele- mittee reported the nomination by ∑ Mr. BROWNBACK. Mr. President, phone records, through the use of so- unanimous consent. today I wish to recognize Tony Bell of called ‘‘exigent letters’’ and other in- Justice Keenan’s nomination has Harveyville, KS. Tony has been se- formal requests for telephone billing been on the Senate Calendar for 4 lected as a 2009 Great Comebacks Re- records that violated the requirements months now. I believe it is time for cipient for the Central Region. This of the Electronic Communications Pri- this Chamber to consider the nomina- very important program annually hon- vacy Act, ECPA. tion and give Justice Keenan an up-or- ors a group of individuals who are liv- So I will continue to press for im- down vote. Justice Keenan has strong academic ing with intestinal diseases or recov- provements to the PATRIOT Act. In- ering from ostomy surgery. deed, last year I and nine other Sen- credentials. She graduated from Cor- nell University in 1971 and received her The Great Comeback Award cele- ators introduced the JUSTICE Act, brates the lives of people with painful which takes a comprehensive approach law degree from the George Wash- ington University Law School in 1974. and debilitating diseases like Crohn’s to fixing our surveillance laws. It per- disease, ulcerative colitis, colorectal mits the government to conduct nec- She also earned a master of laws degree from the University of Virginia School cancer and other diseases that can lead essary surveillance but within a frame- to ostomy surgery. Tony is one of over work of accountability and oversight. of Law in 1992. Justice Keenan has served with dis- 700,000 Americans, from young children It ensures both that our government to senior citizens, who have an ostomy, has the tools to keep us safe and that tinction at every level of State court in Virginia. She has served as a justice on a surgical procedure that reconstructs the privacy and civil liberties of inno- bowel and bladder function through the cent Americans will be protected. the Virginia Supreme Court since 1991. She also served on the Fairfax County use of a specially fitted medical pros- These are not mutually exclusive thesis. Ostomy surgery is a life-alter- goals. We can and must do both. General District Court, the Circuit Court of Fairfax County, and the Court ing and sometimes life-saving proce- Since the PATRIOT Act was first of Appeals of Virginia. Earlier in her dure which both addresses a medical passed in 2001, we have learned some career, Justice Keenan worked as an issue and improves a patient’s quality important lessons. Perhaps the most assistant prosecutor in Fairfax and of life. important is that Congress cannot briefly worked as an attorney in pri- Hundreds of thousands of those suf- grant the government overly broad au- vate practice. fering from Crohn’s or ulcerative coli- thorities and just keep its fingers The Virginia State Bar Judicial tis rely on a certain type of ostomy to crossed that they won’t be misused or Nominations Committee ranked Jus- function on a daily basis. Just like a interpreted by aggressive executive tice Keenan as ‘‘highly qualified.’’ She prosthesis, ostomies help restore pa- branch lawyers in as broad a way as was one of the few candidates to re- tients’ ability to participate in the nor- possible. It is no longer possible for ceive a unanimous vote. mal activity of daily life. Recipients proponents of the PATRIOT Act to The committee noted in the sum- are patients who live full and produc- argue that it has never been abused. It mary of her evaluation that ‘‘. . . it tive lives with their ostomies. has. Congress cannot and must not ig- would be a shame to lose Justice Keen- Born with a defect of his colon, Tony nore its responsibility to put appro- an’s skills on the Supreme Court of Bell received an ostomy immediately priate limits on government authori- Virginia, but Senators WEBB and WAR- after birth. A few years later, the ties—limits that allow agents to ac- NER could do no better than her ap- ostomy was reversed, but after years of tively pursue criminals, terrorists and pointment to the Fourth Circuit . . .’’ struggling with incontinence, 9-year- spies but that also protect the privacy The committee also found that Justice old Tony received a permanent colos- of innocent Americans. Keenan has exhibited excellent judicial tomy. All of a sudden, this inactive, We also now know that lawyers in temperament, has the highest integ- withdrawn boy who was scared to leave the Office of Legal Counsel looked for rity, and concluded that she has supe- his home was ready to saddle up and every possible loophole in statutory rior intellect and legal skills for the grab life by the horns. language to justify what I believe were position. In control of his body—and his life— clearly illegal wiretapping and interro- In addition to the Virginia State Bar, at last, an empowered Tony embraced a gation programs. That should also Justice Keenan was considered ‘‘highly bright future—one he hoped would in- teach us that we must be extraor- recommended’’ or ‘‘highly qualified’’ clude a career as a professional bull dinarily careful in how we draft these by the Virginia Women Attorney’s As- rider. He wasted no time, mounting his laws: We must say exactly what we sociation, the Old Dominion Bar Asso- first bull at the age of 10. As Tony mean and leave no room for reinter- ciation, the Virginia Trial Lawyers As- trained for rodeo events, he also pur- pretation. sociation, and the Asian Pacific Amer- sued his love of music. In fact, as a I hope that this extension will allow ican Bar Association. high school senior, he was chosen to Congress an opportunity to do just I must also mention that Justice join the elite Kansas Ambassadors that—to get this right once and for all. Keenan is the first woman appointed to choir on a European tour.

VerDate Nov 24 2008 03:36 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\RECORD10\S25FE0.REC S25FE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE February 25, 2010 CONGRESSIONAL RECORD — SENATE S795 While attending college on a singing Bill was president of Delta Council, facilitate data sharing between such system scholarship, Tony went pro on the the Mississippi Petroleum Marketers and the National Crime Information Center rodeo circuit and competed profes- Association, the Mississippi Propane database of the Federal Bureau of Investiga- sionally for 2 years, even riding in the Gas Association, the Mississippi Eco- tion, to provide incentive grants to help facilitate reporting to such systems, and for Cheyenne Frontier Days Rodeo, known nomic Council, and the Mississippi other purposes; to the Committee on the Ju- as ‘‘The Daddy of Them All.’’ Having Gaming Commission. He was also a diciary. achieved this childhood dream, Tony board member of Mississippi College, f has set his sights on a new goal, fol- the Mississippi Ethics Commission, and lowing in his parents’ footsteps to be- the National Propane Gas Association. REPORTS OF COMMITTEES come a teacher. Bill was inducted in the Hall of Fame The following reports of committees Through it all, Tony says he drew of the University of Mississippi Alumni were submitted: tremendous strength from his parents, Association, which he served as Presi- By Mr. KERRY, from the Committee on who taught him to be resilient and to dent. He was also a member of the Uni- Foreign Relations, with amendments: bounce back from whatever life threw versity of Mississippi Foundation. Bill S. 2961. A bill to provide debt relief to his way. He also credits his ‘‘second was an Eagle Scout and a leader in the Haiti, and for other purposes (Rept. No. 111– family,’’ Youth Rally, a summer camp Chickasaw Council of the Boy Scouts 128). for adolescents with an ostomy, for of America. His dedication to commu- f helping him through some rough patch- nity service was also reflected in his EXECUTIVE REPORTS OF es in his life. He now returns each sum- leadership of the Indianola Rotary Club COMMITTEES mer as a counselor and enjoys ‘‘paying and as a major general in the Mis- it forward’’ by providing support and sissippi Army National Guard. The following executive reports of encouragement to campers. Bill Gresham was a proud citizen of nominations were submitted: Today, Tony, 28, lives in Harveyville, the United States of America and a By Mr. LEAHY for the Committee on the KS, with his wife Pam and 6-year-old real patriot. Judiciary. stepdaughter Haiden. He works on the William Joseph Hochul, Jr., of New York, In Mississippi, Bill Gresham’s name to be United States Attorney for the Western family farm and is only a few credits will be associated with the highest District of New York for the term of four shy of his special education teaching standards of leadership and values. Our years. degree. Although Tony didn’t end up a State is a better place to live because Sally Quillian Yates, of Georgia, to be country music star, he channels his of the life of Bill Gresham, and I am United States Attorney for the Northern Dis- passion and performs in a barbershop glad that I was able to call him a trict of Georgia for the term of four years. quartet with his dad. An outdoor en- friend.∑ (Nominations without an asterisk thusiast, he enjoys skydiving and f were reported with the recommenda- noodling—fishing for catfish with your tion that they be confirmed.) bare hands. ‘‘I want to share with the MESSAGES FROM THE HOUSE f world my story of success so that oth- At 10:21 a.m., a message from the ers with life-changing conditions know INTRODUCTION OF BILLS AND House of Representatives, delivered by JOINT RESOLUTIONS that they are not alone,’’ said Tony. Ms. Niland, one of its reading clerks, ‘‘No matter what comes your way, al- announced that the House has passed The following bills and joint resolu- ways reach for the stars and grasp your the following bill, in which it requests tions were introduced, read the first dreams—they are only a bull ride the concurrence of the Senate: and second times by unanimous conaway.’’ H.R. 4626. An act to restore the application sent, and referred as indicated: I urge my colleagues to take the time of the Federal antitrust laws to the business By Mr. INHOFE (for himself, Mr. to meet with Tony and some of the of health insurance to protect competition CRAPO, Mr. RISCH, Mr. BARRASSO, and other Great Comebacks Regional and consumers. Mr. VITTER): Award Recipients. Their personal sto- S. 3038. A bill to amend the Safe Drinking ries are inspirational and will raise At 5:57 p.m., a message from the Water Act to prevent the enforcement of cer- your awareness about some of the House of Representatives, delivered by tain national primary drinking water regula- Great Comebacks being made by people Ms. Niland, one of its reading clerks, tions unless sufficient funding is available; to the Committee on Environment and Pub- living with intestinal diseases or recov- announced that the House has passed lic Works. ering from ostomy surgery.∑ the following bill, in which it requests By Mr. UDALL of New Mexico (for f the concurrence of the Senate: himself and Mr. CORKER): S. 3039. A bill to prevent drunk driving in- REMEMBERING BILL GRESHAM H.R. 4691. An act to provide a temporary extension of certain programs, and for other juries and fatalities, and for other purposes; ∑ Mr. COCHRAN. Mr. President, my purposes. to the Committee on Commerce, Science, State of Mississippi has lost one of its and Transportation. finest citizens, Bill Gresham of At 7:40 p.m., a message from the By Mr. LUGAR (for himself, Mr. Indianola, who passed away on Tues- House of Representatives, delivered by LEAHY, Mr. CASEY, and Mr. COCHRAN): Mrs. Cole, one of its reading clerks, an- S. 3040. A bill to amend the Richard B. Rus- day, February 23. His family and sell National School Lunch Act to provide friends will gather today to honor his nounced that the House agrees to the children from rural areas with better access memory at funeral services in his amendments of the Senate to the bill to meals served through the summer food hometown. I extend my sincerest sym- (H.R. 3691) to amend title XVIII of the service program for children and certain pathies to Bill’s wife Ann, his daugh- Social Security Act to reform the child care programs; to the Committee on ters Gayle and Susan, his sons Walton Medicare SGR payment system for Agriculture, Nutrition, and Forestry. and Tom, his sons and daughters-in- physicians and to reinstitute and up- By Mr. ENSIGN: law, his grandchildren, and all mem- date the Pay-As-You-Go requirement S. 3041. A bill to prohibit the further exten- of budget neutrality on new tax and sion or establishment of national monu- bers of his extended family. ments in Nevada except by express author- Bill Gresham graduated from mandatory spending legislation, en- ization of Congress; to the Committee on En- Indianola High School and the Univer- forced by the threat of annual, auto- ergy and Natural Resources. sity of Mississippi. He served in the matic sequestration. By Ms. SNOWE (for herself and Mr. U.S. Navy during World War II and the f KAUFMAN): Korean war. After his Navy service Bill S. 3042. A bill to provide for a study by the returned to Mississippi and became a MEASURES REFERRED National Academy of Sciences on the tech- very respected and successful leader in The following bill was read the first nical policy decisions and technical per- our State. Bill was president of Gresh- sonnel at the Federal Communications Com- and second times by unanimous con- mission; to the Committee on Commerce, am Petroleum Company and Gresham sent, and referred as indicated: Science, and Transportation. Service Stations and a board member H.R. 3695. An act to authorize funding for, By Mrs. GILLIBRAND (for herself, Mr. of Double Quick, Inc. and Delta Ter- and increase accessibility to, the National KAUFMAN, Ms. SNOWE, Ms. CANTWELL, minal, Inc. Missing and Unidentified Persons System, to Ms. KLOBUCHAR, and Mrs. MURRAY):

VerDate Nov 24 2008 03:36 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\RECORD10\S25FE0.REC S25FE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S796 CONGRESSIONAL RECORD — SENATE February 25, 2010 S. 3043. A bill to award planning grants and S. Con. Res. 51. A concurrent resolution States who are authorized to accept implementation grants to State educational honoring and praising the National Associa- service of process against such manu- agencies to enable the State educational tion for the Advancement of Colored People facturers, and for other purposes. agencies to complete comprehensive plan- on the occasion of its 101st anniversary; to ning to carry out activities designed to inte- the Committee on the Judiciary. S. 1834 At the request of Mr. AKAKA, the grate engineering education into K—12 in- f struction and curriculum and to provide name of the Senator from Ohio (Mr. evaluation grants to measure efficacy of K— ADDITIONAL COSPONSORS BROWN) was added as a cosponsor of S. 12 engineering education; to the Committee S. 456 1834, a bill to amend the Animal Wel- on Health, Education, Labor, and Pensions. At the request of Mr. DODD, the name fare Act to ensure that all dogs and By Mr. BAYH: cats used by research facilities are ob- S. 3044. A bill to amend the Internal Rev- of the Senator from North Carolina enue Code of 1986 to extend the deduction for (Mr. BURR) was added as a cosponsor of tained legally. qualified motor vehicle taxes for motor S. 456, a bill to direct the Secretary of S. 2734 homes; to the Committee on Finance. Health and Human Services, in con- At the request of Mr. FRANKEN, the By Mr. NELSON of Florida: sultation with the Secretary of Edu- name of the Senator from North Caro- S. 3045. A bill to direct the Secretary of cation, to develop guidelines to be used lina (Mrs. HAGAN) was added as a co- Commerce to study the Gulf of Mexico red snapper fishery and to limit the authority of on a voluntary basis to develop plans sponsor of S. 2734, a bill to amend the the Secretary to promulgate any interim to manage the risk of food allergy and Public Health Service Act with respect rules for the fishery and for other purposes; anaphylaxis in schools and early child- to the prevention of diabetes, and for to the Committee on Commerce, Science, hood education programs, to establish other purposes. and Transportation. school-based food allergy management S. 2758 By Mr. NELSON of Florida: grants, and for other purposes. At the request of Ms. STABENOW, the S. 3046. A bill to direct the Secretary of S. 593 Commerce to study the South Atlantic red name of the Senator from Colorado snapper fishery and to limit the authority of At the request of Mrs. FEINSTEIN, the (Mr. BENNET) was added as a cosponsor the Secretary to promulgate any interim name of the Senator from California of S. 2758, a bill to amend the Agricul- rules for the fishery and for other purposes; (Mrs. BOXER) was added as a cosponsor tural Research, Extension, and Edu- to the Committee on Commerce, Science, of S. 593, a bill to ban the use of cation Reform Act of 1998 to establish and Transportation. bisphenol A in food containers, and for a national food safety training, edu- By Mr. ISAKSON (for himself, Mr. other purposes. cation, extension, outreach, and tech- CHAMBLISS, Mr. GRAHAM, Mr. S. 738 nical assistance program for agricul- BROWNBACK, Mrs. HUTCHISON, and Mr. tural producers, and for other purposes. CRAPO): At the request of Ms. LANDRIEU, the S. 3047. A bill to terminate the Internal name of the Senator from Mississippi S. 2760 Revenue Code of 1986, and for other purposes; (Mr. WICKER) was added as a cosponsor At the request of Mr. UDALL of New to the Committee on Finance. of S. 738, a bill to amend the Consumer Mexico, the names of the Senator from f Credit Protection Act to assure mean- Massachusetts (Mr. KERRY) and the SUBMISSION OF CONCURRENT AND ingful disclosures of the terms of rent- Senator from Washington (Ms. CANT- SENATE RESOLUTIONS al-purchase agreements, including dis- WELL) were added as cosponsors of S. closures of all costs to consumers 2760, a bill to amend title 38, United The following concurrent resolutions under such agreements, to provide cer- States Code, to provide for an increase and Senate resolutions were read, and tain substantive rights to consumers in the annual amount authorized to be referred (or acted upon), as indicated: under such agreements, and for other appropriated to the Secretary of Vet- By Mr. LUGAR (for himself and Mr. purposes. erans Affairs to carry out comprehen- KERRY): S. Res. 422. A resolution recognizing the S. 941 sive service programs for homeless vet- important progress made by the people of At the request of Mr. CRAPO, the erans. Ukraine in the establishment of democratic name of the Senator from Mississippi S. 2858 institutions following the presidential run- (Mr. COCHRAN) was added as a cospon- At the request of Mrs. BOXER, the off election on February 7, 2010; to the Com- sor of S. 941, a bill to reform the Bu- name of the Senator from Minnesota mittee on Foreign Relations. reau of Alcohol, Tobacco, Firearms, (Ms. KLOBUCHAR) was added as a co- By Mr. VITTER (for himself and Ms. and Explosives, modernize firearm laws sponsor of S. 2858, a bill to amend the LANDRIEU): S. Res. 423. A resolution commending the and regulations, protect the commu- Public Health Service Act to establish New Orleans Saints for winning Super Bowl nity from criminals, and for other pur- an Office of Mitochondrial Disease at XLIV and the entire ‘‘Who Dat Nation’’ for poses. the National Institutes of Health, and their support; to the Committee on the Judi- S. 1203 for other purposes. ciary. At the request of Mr. BAUCUS, the S. 2871 By Mrs. FEINSTEIN (for herself and name of the Senator from North Caro- At the request of Mr. INOUYE, the Mrs. BOXER): S. Res. 424. A resolution congratulating the lina (Mr. BURR) was added as a cospon- name of the Senator from Washington BMW ORACLE Racing team for winning the sor of S. 1203, a bill to amend the Inter- (Ms. CANTWELL) was added as a cospon- thirty-third America’s Cup; to the Com- nal Revenue Code of 1986 to extend the sor of S. 2871, a bill to make technical mittee on the Judiciary. research credit through 2010 and to in- corrections to the Western and Central By Mr. ROCKEFELLER (for himself crease and make permanent the alter- Pacific Fisheries Convention Imple- and Mr. COCHRAN): native simplified research credit, and mentation Act, and for other purposes. S. Res. 425. A resolution celebrating Volun- teers in Service to America on its 45th anni- for other purposes. S. 2919 versary and recognizing its contribution to S. 1345 At the request of Mr. UDALL of Colo- the fight against poverty; to the Committee At the request of Mr. REED, the name rado, the name of the Senator from on Health, Education, Labor, and Pensions. of the Senator from North Carolina Pennsylvania (Mr. SPECTER) was added By Mr. REID (for himself, Mr. BURRIS, (Mr. BURR) was added as a cosponsor of as a cosponsor of S. 2919, a bill to Mrs. BOXER, and Mrs. FEINSTEIN): S. 1345, a bill to aid and support pedi- amend the Federal Credit Union Act to S. Con. Res. 50. A concurrent resolution recognizing the historic founding of the atric involvement in reading and edu- advance the ability of credit unions to Black Stuntmen’s Association and the Coali- cation. promote small business growth and tion of Black Stuntmen and Women; to the S. 1606 economic development opportunities, Committee on the Judiciary. At the request of Mr. WHITEHOUSE, and for other purposes. By Mr. DODD (for himself, Mr. REID, the name of the Senator from Cali- S. 2946 Mr. LEVIN, Ms. MIKULSKI, Mr. SCHU- fornia (Mrs. FEINSTEIN) was added as a At the request of Ms. STABENOW, the MER, Mrs. BOXER, Mrs. GILLIBRAND, Mrs. SHAHEEN, Mr. BURRIS, Mr. LAU- cosponsor of S. 1606, a bill to require name of the Senator from Minnesota TENBERG, Mr. HARKIN, Ms. LANDRIEU, foreign manufacturers of products im- (Ms. KLOBUCHAR) was added as a co- Mr. CARDIN, Mrs. HAGAN, Mr. ported into the United States to estab- sponsor of S. 2946, a bill to direct the WHITEHOUSE, and Mr. BINGAMAN): lish registered agents in the United Secretary of the Army to take action

VerDate Nov 24 2008 03:36 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\RECORD10\S25FE0.REC S25FE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE February 25, 2010 CONGRESSIONAL RECORD — SENATE S797 with respect to the Chicago waterway percent of their annual median house- to draft a model guidance document system to prevent the migration of big- hold income, or $1,000 per household. that states can use to create their own head and silver carps into Lake Michi- For some families, paying $83 a month programs. gan, and for other purposes. for water may not be a hardship but for Most importantly this bill requires S. 3008 so many more, it is nearly impossible. the federal government to pay for these At the request of Mr. CORNYN, the There must be some flexibility inserted unfunded mandates created by laws names of the Senator from South Caro- into the calculation that factors in the and regulations. In 1995, Congress lina (Mr. DEMINT), the Senator from ability of the truly disadvantaged to passed the Unfunded Mandates Reform Nevada (Mr. ENSIGN), the Senator from pay these costs. Forcing systems to Act to ensure that the Federal Govern- Louisiana (Mr. VITTER), the Senator raise rates beyond what their rate- ment pays the costs incurred by State from Missouri (Mr. BOND), the Senator payers can afford only causes more and local governments in complying from Oklahoma (Mr. COBURN), the Sen- damage than good. with Federal laws. My bill is designed ator from Nebraska (Mr. JOHANNS), the EPA needs to look more closely at to ensure that EPA cannot take an en- Senator from Alabama (Mr. SESSIONS), how it determines affordability. My forcement action against a system the Senator from North Carolina (Mr. bill directs EPA to take additional fac- serving less than 10,000 people, without BURR), the Senator from Wyoming (Mr. tors into consideration when making first ensuring that it has sufficient BARRASSO), the Senator from Okla- this determination. These include en- funds to meet the requirements of the homa (Mr. INHOFE), the Senator from suring that the affordability criteria regulation. Idaho (Mr. CRAPO), the Senator from are not more costly on a per-capita Since the 108th Congress, I have co- Georgia (Mr. CHAMBLISS), the Senator basis to a small water system than to authored and cosponsored legislation from Utah (Mr. BENNETT), the Senator a large water system. to provide additional resources to com- In EPA’s most recent drinking water from Florida (Mr. LEMIEUX), the Sen- munities through the State Revolving needs survey, Oklahoma identified a ator from Massachusetts (Mr. BROWN), Loan Funds. Unfortunately, not much the Senator from Mississippi (Mr. total of over $4.1 billion in drinking has changed. We still have too many water needs over the next 20 years. $2.4 WICKER), the Senator from Georgia regulations and not enough money to billion of that need is for community (Mr. ISAKSON), the Senator from Ohio pay for them. Funding legislation is water systems that serve fewer than (Mr. VOINOVICH), the Senator from Kan- important but until that money be- 10,000 people. The $4.1 billion does not sas (Mr. ROBERTS) and the Senator comes available, it is unreasonable to include the total costs imposed on from Idaho (Mr. RISCH) were added as penalize and fine local communities be- cosponsors of S. 3008, a bill to establish Oklahoma communities to meet fed- cause they cannot afford to pay for reg- a program to support a transition to a eral clean water requirements, the new ulations we imposed on them. I thank freely elected, open democracy in Iran. Groundwater rule, the DBP II rule or my colleagues and look forward to the Long Term 2 Enhanced Surface their support of this commonsense pro- S. 3036 Water Treatment Rule. Oklahoma con- posal. At the request of Mr. BAYH, the tinues to have municipalities strug- names of the Senator from Montana gling with the 2002 arsenic rule. Many By Mr. UDALL, of New Mexico (Mr. TESTER) and the Senator from of our small systems are having dif- (for himself and Mr. CORKER): Rhode Island (Mr. WHITEHOUSE) were ficulty with the Disinfection Byprod- S. 3039. A bill to prevent drunk driv- added as cosponsors of S. 3036, a bill to ucts, DBP, Stage I rule, and small sys- ing injuries and fatalities, and for establish the Office of the National tems who purchase water from other other purposes; to the Committee on Alzheimer’s Project. systems and did not have to test, treat Commerce, Science, and Transpor- f or monitor their water must now com- tation. ply with DBP II. EPA estimates that Mr. UDALL of New Mexico. Mr. STATEMENTS ON INTRODUCED President, I rise to introduce the BILLS AND JOINT RESOLUTIONS over the next 20 years, the entire country will need $52.0 billion to come into ROADS SAFE Act of 2010. I am pleased By Mr. INHOFE (for himself, Mr. compliance with existing, proposed or to be joined in introducing this legisla- CRAPO, Mr. RISCH, Mr. recently promulgated regulations. tion by my colleague, the Senator from BARRASSO, and Mr. VITTER): My bill proposes a few simple steps to Tennessee, Mr. BOB CORKER. S. 3038. A bill to amend the Safe help systems comply with all these This legislation will encourage the Drinking Water Act to prevent the en- rules. First, it reauthorizes the tech- development of new tools to fight forcement of certain national primary nical assistance program in the Safe drunk driving and has the potential to drinking water regulations unless suffi- Drinking Water Act. The DBP rules are save 8,000 lives every year. cient funding is available; to the Com- very complex and involve a lot of mon- Tragic drunk driving crashes often mittee on Environment and Public itoring and testing. If we are going to prompt communities to do more to pre- Works. impose complicated requirements on vent drunk driving. This was the case Mr. INHOFE. Mr. President, I rise systems, we need to provide them with in my home State of New Mexico back today to introduce The Small System help to implement those requirements. in 1992, when a drunk driver killed a Drinking Water Act of 2009. This is the The bill creates a pilot program to mother and her three girls on Christ- third Congress that I have introduced demonstrate new technologies and ap- mas Eve. He was speeding down the this bill which would assist water sys- proaches for systems of all sizes to highway 90 miles an hour, going the tems throughout the country comply comply with these complicated rules. wrong way down an interstate high- with the ever growing number of fed- It requires the EPA to convene a work- way. This crash helped change atti- eral drinking water standards. I am ing group to examine the science be- tudes in my State. But it should not pleased to be joined by Senators MIKE hind the rules in order to compare new take a tragedy for us to do more to pre- CRAPO, JAMES RISCH, JOHN BARRASSO developments since each rule’s publica- vent drunk driving. and DAVID VITTER as cosponsors of this tion. In 2008, drunk driving killed about legislation. My bill will require the Section 1412(b)(4)(E) of the SDWA 12,000 Americans, including 143 people Federal Government to live up to its Amendments of 1996 authorizes the use in New Mexico. That is an average of 32 obligations and require the EPA to use of point of entry treatment, point of people killed every day by drunk driv- the tools it was given in the 1996 Safe use treatment and package plants to ing. This unacceptable death toll is all Drinking Water Act amendments, economically meet the requirements of the more shocking when you consider SDWA. the Act. However, to date, these ap- that each one of those deaths was pre- My goal here is to ensure that small proaches are not widely used by small ventable. towns across the country have safe, af- water systems. My legislation directs The United States has already made fordable drinking water and that the the EPA to convene a working group to significant progress. Compared to 20 laws are fair to small and rural com- identify barriers to the use of these ap- years ago, our roads are much safer munities. Currently EPA assumes that proaches. The EPA will then use the today. Yet even as the overall number families can afford water rates of 2.5 recommendations of the working group of people killed on our highways has

VerDate Nov 24 2008 03:36 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\RECORD10\S25FE0.REC S25FE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S798 CONGRESSIONAL RECORD — SENATE February 25, 2010 declined, drunk driving still accounts What would the ROADS SAFE Act Yet, communications technologies for about one-third of all traffic fatali- do? This legislation would authorize are becoming increasingly complex— ties. $12 million in annual funding for 5 evolving from the traditional circuit- It is even more worrisome that a years for the Driver Alcohol Detection switched phone networks to packet- drunk driver has just a 2-percent System for Safety Program, also based dynamic-routing high-bandwidth chance of being caught. In fact, one known as DADSS. data networks. The need to thoroughly study found that a first-time drunk DADSS is a public-private partner- address these issues challenges staff driving offender has, on average, driven ship between NHTSA and the Auto- and leads to delays or even inaction in drunk 87 times before being arrested. mobile Coalition for Traffic Safety. technical rulemakings since the Com- Imagine, 87 times. This is unaccept- The goal is to explore the feasibility, mission doesn’t have the appropriate able. Something must be done to pre- potential benefits, and public policy resources for timely technical evalua- vent these drivers from getting on the challenges associated with using in- tion and decisionmaking. road in the first place. vehicle technology to prevent drunk Technical proceedings, including The good news is, there are potential driving. those to authorize new technologies, technologies out there that could do This increased Federal funding to have been dismally slow—typically that. That is why Senator CORKER and combat drunk driving is a smart in- taking 2–5 years for approval—creating I are introducing the ROADS SAFE vestment in public safety. Drunk driv- a bottleneck for innovation and com- Act today. New safety technology has ing has direct and indirect economic petition. already transformed the automobile costs in terms of damaged property, A December 2009 report by the Gov- and saved countless lives. For example, medical bills, and lost productivity. In ernment Accountability Office, GAO– airbags and antilock brakes are now economic terms, drunk driving costs 10–10–79, reaffirms these concerns and standard features in many vehicles. $129 billion per year. Of course, such provides additional evidence of the These safety devices are built into the monetary costs cannot be compared to need for such a study. The GAO con- car and are unobtrusive to the driver. the value of saving 8,000 lives every cluded that ‘‘weaknesses in FCC’s proc- Such technologies are an important year. esses for collecting and using informa- reason we have fewer traffic fatalities Several organizations dedicated to tion also raise concerns regarding the today. fighting drunk driving already support transparency and informed nature of Imagine a future with vehicles that this bipartisan proposal. Mothers FCC’s decisionmaking process.’’ Fur- could detect whether a driver is drunk Against Drunk Driving, the Century thermore, the report found the ‘‘FCC when he or she gets behind the wheel— Council, and the Distilled Spirits Coun- faces challenges in ensuring it has the before he or she even starts their vehi- cil all support the ROADS SAFE Act. expertise needed to adapt to a changing I urge my Senate colleagues to join cle. That would be no drunk driving marketplace.’’ me, Senator CORKER, and these impor- crashes if it were impossible for drunk With the rapid advancement of tech- tant organizations in the fight against drivers to drive. If such technology nologies and innovation within the drunk driving by supporting the were widely deployed in cars, an esti- telecommunications industry, the FCC ROADS SAFE Act. We have made mated 8,000 lives could be saved every must be better equipped and more agile much progress in our efforts to prevent to address the ever-changing technical year. drunk driving, but there is so much I realize many may think this is a landscape from a regulatory perspec- more to be done. farfetched idea. Yet consider that vehi- tive. If it isn’t, our Nation’s technical cles today can already give driving di- By Ms. SNOWE (for herself and leadership in this area will continue to rections, thanks to GPS satellite navi- Mr. KAUFMAN): erode and it will be even more difficult gation devices. Some cars can even S. 3042. A bill to provide for a study to lay the proper policy foundation parallel park themselves. New Mexico by the National Academy of Sciences necessary to meet future telecommuni- and other States require convicted on the technical policy decisions and cations needs. drunk drivers to use an ignition inter- technical personnel at the Federal To better examine these significant lock, a breathalyzer device they blow Communications Commission; to the issues and make tangible recommenda- into before their vehicle’s engine will Committee on Commerce, Science, and tions toward a comprehensive solution, start. The success of ignition inter- Transportation. this legislation proposes a study by the locks for preventing repeat drunk driv- Ms. SNOWE. Mr. President, I rise National Academy of Sciences on the ing offenses suggests a better tech- today, along with Senator KAUFMAN, to technical policy decisionmaking proc- nology could be used to prevent all introduce legislation that puts a great- ess and the availability of technical drunk driving. er focus on efforts to improve the tech- personnel at FCC. Specifically, the In 2006, Mothers Against Drunk Driv- nical resources and decision-making study would include an examination of ing convened an international tech- process at the Federal Communica- the FCC’s technical policy decision- nology symposium in Albuquerque, tions Commission. The bill proposes a making, current technical personnel NM. The goal of the meeting was to re- study by the National Academy of staffing levels, and agency recruiting view efforts to develop advanced igni- Sciences on the technical policy deci- and hiring processes of technical staff tion interlocks technology. sion-making process and the avail- and engineers, and recommendations to In 2008, the National Highway Traffic ability of technical personnel at FCC. improve these areas. The study would Safety Administration partnered with Over the past several years, there provide tangible and specific proposals leading automakers to explore the fea- have been concerns voiced by the tech- to streamline processes and rule- sibility of in-vehicle technologies to nical community and even Commis- makings as well as how the FCC can be prevent drunk driving. The recent sioners themselves about the lack of more competitive in hiring the re- progress of this cooperative effort fuels technical resources and expertise at quired technical personnel to make it optimism that such technology could the Federal Communications Commis- more effective. The bill authorizes $1 be deployed within 5 to 10 years. sion, FCC. It is for good reason: in 1948, million over a 2-year period to conduct Clearly, such advanced technologies the FCC had 720 engineers on staff; this comprehensive technical study. must win widespread public acceptance today, it has fewer than 300—an aston- This bill takes a step towards ensur- in order to be effective. They must be ishing 62 percent reduction—even ing the Commission has the adequate moderately priced, absolutely reliable, though the FCC now must face tech- resources and proper technical deci- and unobtrusive to sober drivers. nical issues concerning the Internet, sionmaking processes in place to be a The aim is to stop drunk driving, not advanced wireless communications, more effective agency. This is abso- discourage responsible social drinking. and broadband. Also, FCC officials have lutely critical given how rapidly tech- A recent Insurance Institute for High- recently acknowledged a shortage of nologies are changing and the implica- way Safety poll found that 64 percent network engineers and that a large tions that regulation could have on the of Americans believe advanced alcohol number of experienced engineers are el- underlying technical catalysts of inno- detection technology is a good idea and igible to retire within the next few vation. It is also critical to overall re- that it is reliable. years. form at the Commission because in

VerDate Nov 24 2008 03:36 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\RECORD10\S25FE0.REC S25FE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE February 25, 2010 CONGRESSIONAL RECORD — SENATE S799 order to properly regulate communica- out activities designed to integrate en- cation will pay rich dividends to our tions, the FCC must be deeply knowl- gineering education into K–12 instruc- future economy by building capacity to edgeable of both the legal and tech- tion and curriculum and to provide innovate. nical aspects of the issues before it. evaluation grants to measure efficacy The introduction of engineering edu- That is why I sincerely hope that my of K–12 engineering education; to the cation has the potential to improve colleagues join Senator KAUFMAN and Committee on Health, Education, student learning and achievement in me in supporting this important legis- Labor, and Pensions. science and mathematics, increase lation. Mrs. GILLIBRAND. Mr. President, I awareness about what engineers do and Mr. KAUFMAN. Mr. President, I am am pleased to lead a bipartisan group of engineering as a potential career, proud to cosponsor a bill Senator of Senators today to introduce the En- and boost students’ technological lit- SNOWE introduced today to conduct a gineering Education for Innovation eracy. I want to thank all my col- study on the technical policy decision- Act, also called the E2 for Innovation leagues for joining together to address making process and the availability of Act. Joining me in leading this are the critical needs of our Nation in a bi- technical personnel at the Federal Senator KAUFMAN, Senator SNOWE, partisan manner. I look forward to Communications Commission, or FCC. Senator MURRAY, Senator CANTWELL, working together to move this legisla- Professionals in the STEM fields of and Senator KLOBUCHAR. The intent of tion through this Congress. science, technology, engineering, and this legislation is to competitively Mr. KAUFMAN. Mr. President, I rise mathematics have always been our Na- award planning and implementation today to support the Engineering Edu- tion’s problem solvers. They help us grants for State educational agencies cation for Innovation Act, or E-squared solve great challenges in energy, to integrate engineering education into for Innovation Act. I am proud to co- health, security, and transportation. K–12 curriculum and instruction to sponsor this bill with Senator Their innovation creates jobs, jobs that spark student interest in engineering GILLIBRAND, introduced today, along will continue to lead us on the path to through comprehensive K–12 engineer- with Senators SNOWE, CANTWELL, economic recovery. ing education including hands-on de- KLOBUCHAR, and MURRAY. This bill will Still, the number of STEM profes- sign and engineering components. help us meet the engineering education sionals in some of our government’s The bill increases the availability of challenges I have often spoken about most critical agencies has been declin- K–12 engineering education curriculum on the Senate floor by awarding, plan- ing. In 1948, the FCC had 720 engineers and teacher professional development ning, and implementation grants to on staff. Today, while communications programs, encourages broader partici- States to integrate engineering edu- technologies have become increasingly pation of girls and underrepresented cation into their K–12 curriculum and complex, it has fewer than 300 engi- minorities in K–12 engineering edu- instruction. It also funds the research neers. Over the years, there has been a cation, invests in afterschool engineer- and evaluation of all such efforts. shift in the FCC from hiring engineers ing education programs, and the legis- I believe we are at a crucial moment to hiring professional staff, resulting in lation also funds the research and eval- for science, technology, engineering, a shortage of network engineers. What uation of such efforts. and math, or STEM education. Today’s is more, a high proportion of these ex- Our Nation today faces pressing tech- engineers have a central role to play in perienced engineers are eligible to re- nological challenges in renewable en- developing the innovative technologies tire within the next few years. That ergy, biotechnology, health care tech- that will help our economy recover and means that, as communications technology, material science, and informa- promote real job growth. In turn, we nology continues to change the way we tion technology. According to the Na- must promote policies and programs engage our world, the FCC may face a tional Science Board’s 2010 Science and that help to generate greater interest critical shortage. Engineering Indicators, only 5 percent in STEM and actually lead to the pro- This legislation proposes a study by of college graduates in the United duction of a greater number of engi- the National Academy of Sciences to States major in engineering, compared neers. address these issues. Specifically, the with 12 percent of European students, Last year, the National Academy of study will examine the FCC’s technical 20 percent of those in Asia and one- Engineering and National Research policy decisionmaking, including if the third in China. In addition, while Council released their seminal report FCC has the adequate resources, proc- women earn 58 percent of all bachelor’s on engineering in K–12 education. Ac- esses, and personnel in place to evalu- degrees, they constitute only 18.5 per- cording to their report, K–12 engineer- ate properly and to account for the cent of bachelor’s degrees awarded in ing education can improve student technical aspects of the Commission’s engineering. African Americans hold learning and performance in science rulemaking process. It will also exam- only 4.6 percent and Hispanics hold and math and increases students’ tech- ine the current technical personnel only 7.2 percent of bachelor’s degrees nological literacy. It can also increase staffing levels and FCC recruiting and awarded in engineering. awareness of the engineering profession hiring processes of technical staff and As a woman, I am a strong proponent and boost student interest in pursuing engineers. Finally, the study will proof programs that support girls and a career in the field. vide recommendations to improve each underrepresented minorities. Many K– The report stressed the need for of these areas. 12 students, especially girls and stu- greater coordination among key stake- It is critical that we include engi- dents from underrepresented groups or holders to develop common definitions neers in our Nation’s technical policy who are economically disadvantaged, and grade level appropriate goals for and decision making, at the FCC and and their teachers have little knowl- engineering education. It also empha- across the government. I am pleased edge about the engineering design proc- sized the need for more research on the that this study will explore the impli- ess or the many career possibilities in impacts of engineering education and cations and offer recommendations for engineering. Today, we continue to potential models for implementation. the decline of engineers in this impor- have an untapped pool of potential The E-squared for Innovation Act seeks tant agency and I urge my colleagues technical workers, and we must lever- to address these recommendations in to join me in supporting Senator age the diversity of these individuals three ways. SNOWE’s efforts. to fuel the innovation necessary for First, the legislation awards plan- our future global competitiveness. ning grants to State educational agen- By Mrs. GILLIBRAND (for her- I am committed to initiatives that cies to review any existing engineering self, Mr. KAUFMAN, Ms. SNOWE, enhance student participation in education resources in the State and to Ms. CANTWELL, Ms. KLOBUCHAR, STEM, diversify the STEM pipeline develop implementation plans to inte- and Mrs. MURRAY): and promote competence and con- grate K–12 engineering education into S. 3043. A bill to award planning fidence to teach engineering for pre- curriculum and instruction. Grantees grants and implementation grants to paring the next generation of our Na- must coordinate these activities with a State educational agencies to enable tion’s high tech workforce for a sus- number of partners, including the Gov- the State educational agencies to com- tainable and competitive economy. ernor’s office, institutions of higher plete comprehensive planning to carry Long term investments in STEM edu- education, teachers and administrators

VerDate Nov 24 2008 03:36 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\RECORD10\S25FE0.REC S25FE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S800 CONGRESSIONAL RECORD — SENATE February 25, 2010 at public elementary and secondary need to bolster these activities in Dela- rated by Secretary of State Hillary Clinton schools, and other relevant players in ware and ensure more students nation- and Ukrainian Foreign Minister Petro the State. wide have access to these exciting en- Poroshenko on December 9, 2009: Now, there- Second, the E-squared for Innovation gineering opportunities. fore, be it Act provides implementation grants to I cannot stress enough how much I Resolved, That the Senate— State educational agencies to carry out believe this Nation is at a crossroads in (1) recognizes the important progress made a number of activities, including devel- STEM education and that this is our by the people of Ukraine in establishing opportunity to push forward and create democratic institutions and carrying out oping academic standards, curricula, peaceful elections on January 17 and Feb- and assessments that include engineer- an environment that will cultivate and ruary 7, 2010; ing; recruiting and training qualified encourage our next generation of engi- (2) supports ongoing progress by Ukraine teachers to deliver engineering edu- neers. They will foster the research and in addressing remaining challenges in the cation; and investing in afterschool en- innovation that will help us solve chal- electoral processes as identified by the Orga- gineering education programs. Priority lenges such as clean drinking water, nization for Security and Cooperation in Eu- will be given to applicants who serve a lifesaving cures for cancer and disease, rope and other international election moni- significant percentage of student popu- renewable energy, affordable health toring entities; (3) encourages all parties to respect the lations underrepresented in engineer- care, and environmental sustainability. Our country is counting on these fu- independence and territorial sovereignty of ing. Ukraine, as well as the full integration of Third, the bill charges the Institute ture engineers, and the E-squared for Ukraine into the international democratic of Education Sciences with conducting Innovation Act is a step in the right di- community; research and evaluation on the grants rection to support and encourage them. (4) pledges further support for the develop- awarded. These studies will determine f ment of a fully free and open democratic system, as well as a transparent free market the effectiveness of the programs and SUBMITTED RESOLUTIONS activities at improving student economy, in Ukraine; and achievement in STEM education and (5) reaffirms its commitment to engage the Government of Ukraine in further develop- assess how successful programs can be SENATE RESOLUTION 422—RECOG- ment of bilateral cooperation through the replicated. NIZING THE IMPORTANT United States–Ukraine Strategic Partner- The E-squared for Innovation Act is PROGRESS MADE BY THE PEO- ship Commission. supported by a diverse list of 77 organi- PLE OF UKRAINE IN THE ESTAB- Mr. LUGAR. Mr. President, I rise to zations. To name a few, supporters in- LISHMENT OF DEMOCRATIC IN- clude the National Center for Techno- STITUTIONS FOLLOWING THE recognize the important progress made logical Literacy, the American Society PRESIDENTIAL RUN-OFF ELEC- by the people of Ukraine in the estab- for Engineering Education, the Dela- TION ON FEBRUARY 7, 2010 lishment of democratic institutions following the presidential runoff elec- ware Foundation for Science and Math- Mr. LUGAR (for himself and Mr. ematics Education, IBM, Intel, the tion on February 7, 2010. Voters re- KERRY) submitted the following resolu- University of California, the National tion; which was referred to the Com- cently elected Viktor Yanukovych as Society of Black Engineers, and the mittee on Foreign Relations: President of Ukraine in a process that American Society of Mechanical Engi- international monitors declared to S. RES. 422 neers—just to name a few. I am truly have generally comported with inter- amazed but genuinely pleased at the Whereas adherence by Ukraine to democratic, transparent, and fair election stand- national election standards. This rep- wide-reaching support for this bill. ards has been necessary for full integration resents important progress towards the Norm Augustine, former CEO of into the democratic community; consolidation of democratic institu- Lockheed Martin, expressed strong Whereas steps undertaken by Ukraine in tions that the U.S. has worked dili- support for the E-squared for Innova- recent years, including reform of election gently to foster. Serving as President tion Act, adding: laws and regulations, the development of a pluralistic and independent press, and the es- George W. Bush’s envoy to the 2004 run- One of the many reasons our nation does off election that resulted in what is not seem to attract young people into engi- tablishment of public institutions that re- neering is that many seem to have no idea spect human rights and the rule of law, have now widely known as the ‘‘Orange rev- what an engineer does. Although we attempt enhanced Ukraine’s progress toward democ- olution,’’ I had the opportunity to wit- to teach math and science in K–12, seldom do racy and prosperity; ness firsthand the great aspirations of we expose students to engineering. Whereas the Organization for Security and the Ukrainian people for a government Cooperation in Europe (OSCE) concluded Many in my home State recognize that ‘‘most OSCE and Council of Europe that responds to their needs. Given this problem and, consequently, sup- commitments were met’’ with regard to the Ukraine’s location on the periphery of port for STEM programs is growing in conduct of the run-off presidential election NATO and the Russian Federation, as Delaware. Governor Jack Markell re- on February 7, 2010; well as its role as the primary energy cently launched a STEM education Whereas international monitoring groups conduit to Europe, Ukraine’s political council in Delaware to bring together concluded that prior elections in Ukraine on development and external orientation January 17, 2010, and in 2007, 2006, and 2004, teachers, business leaders, curriculum greatly impact European security and specialists, higher education represent- were also generally in accordance with international election norms; U.S. policies in the region. A con- atives, and others to focus on innova- Whereas the United States has closely sup- tinuing partnership with the people of tive STEM programs and curricula ported the people of Ukraine in their efforts Ukraine and U.S. technical assistance that engage young people in Delaware to pursue a free and democratic future since programs on a range of issues, includ- in STEM education. The council will the declaration of their independence in 1991; ing nuclear security, non-proliferation, assist in Federal grant applications for Whereas the NATO Freedom Consolidation energy security, institution-building, STEM-related programs and support ef- Act of 2007 (Public Law 110–17; 22 U.S.C. 1928 and others, will serve to advance our fective professional development pro- note), signed into law by President George grams in STEM areas. W. Bush on April 9, 2007, recognized the vital national security interests. This progress made by Ukraine toward meeting U.S. engagement should also support In STEM-focused schools across Dela- the responsibilities and obligations for mem- ware, students are learning how to ex- ongoing progress by Ukraine in ad- bership in the North Atlantic Treaty Organi- dressing the remaining challenges in tract DNA from fruit, build robots that zation (NATO) and designated Ukraine as eli- can throw balls, perform forensic inves- gible to receive assistance under the NATO the electoral processes as identified by tigations, make ‘‘slime’’ and lip balm, Participation Act of 1994 (title II of Public international election monitoring enti- and more. It is through these types of Law 103–447; 22 U.S.C. 1928 note); ties. In recognition of the profound comprehensive, hands-on activities Whereas Ukraine has made steps toward successes of U.S.-Ukrainian partner- that we will get young people inter- integration within European institutions ship, I am pleased to submit this reso- through a joint European Union–Ukraine Ac- lution concerning the important ested in tackling and learning STEM tion Plan, as part of the European subjects and eventually pursuing engi- Neighbourhood Policy; and progress made by the people of Ukraine neering jobs. The E-squared for Innova- Whereas the United States–Ukraine Stra- in the establishment of democratic in- tion Act is just the kind of program we tegic Partnership Commission was inaugu- stitutions.

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RES. 424 zens in our Nation by fighting illiteracy, im- MENDING THE NEW ORLEANS Whereas the America’s Cup is the oldest proving health services, reducing unemploy- SAINTS FOR WINNING SUPER active trophy in international sports; ment, increasing housing opportunities, re- BOWL XLIV AND THE ENTIRE Whereas the United States was represented ducing crime and recidivism, and expanding access to technology; ‘‘WHO DAT NATION’’ FOR THEIR in the thirty-third America’s Cup by BMW ORACLE Racing; Whereas AmeriCorps VISTA members de- SUPPORT Whereas the team was led by the owner, velop programs, recruit community volun- Mr. VITTER (for himself and Ms. founder, and chief executive officer of Oracle teers, generate resources, manage projects, LANDRIEU) submitted the following res- Corporation, Larry Ellison, the chief execu- and enhance the ability of nonprofit organi- olution; which was referred to the tive officer of the team, Russell Coutts, and zations to become and remain sustainable, thereby strengthening the nonprofit sector Committee on the Judiciary: the skipper of the team, James Spithill; Whereas BMW ORACLE Racing represents in low-income communities across the S. RES. 423 the Golden Gate Yacht Club located in San United States; Whereas on February 7, 2010, at Sun Life Francisco, California; Whereas AmeriCorps VISTA members gen- Stadium in Miami, Florida, the New Orleans Whereas the boat of the BMW ORACLE erate more than $100,000,000 in cash and in- Saints won Super Bowl XLIV, defeating the Racing team, USA, is the largest and most kind resources annually for organizations Indianapolis Colts by a score of 31–17; technologically advanced boat to ever race throughout the Nation, as well as recruit and Whereas on January 24, 2010, at the Lou- for the America’s Cup; manage more than 1,000,000 volunteers who isiana Superdome in New Orleans, Louisiana, Whereas USA was sourced and built en- provide 10,000,000 hours of community service the New Orleans Saints won the National tirely in the United States; for local organizations; and Football Conference Championship, defeat- Whereas, on February 12, 2010, the BMW Whereas AmeriCorps VISTA acted swiftly ing the Minnesota Vikings by a score of 31– ORACLE Racing team won the first of the to help implement the American Recovery 28; America’s Cup races with a 15 minutes, 28 and Reinvestment Act of 2009 (Public Law Whereas the New Orleans Saints won a seconds lead over the Swiss Defender, 111–5), engaging more than 3,700 members in franchise-record 13 games during the 2009 Na- Alinghi; distressed communities to provide fore- tional Football League regular season; Whereas, on February 14, 2010, the BMW closure prevention and financial counseling, Whereas the New Orleans Saints led the ORACLE Racing team captured the thirty- expand college access, and support health National Football League during the 2009 third America’s Cup with a 5 minute, 26 sec- care and independent living services: Now, regular season in total offense, with 403.8 ond victory over the Swiss Defender, therefore, be it yards per game, total scoring, with 31.9 Alinghi, clinching the best of the series with Resolved, That the Senate— points per game, and defensive touchdowns, a second victory; and (1) commends the more than 175,000 men with 8 turnovers that were returned for Whereas BMW ORACLE Racing has rep- and women who have served in VISTA for touchdowns; resented the United States with high stand- their dedication and commitment to the Whereas New Orleans Saints quarterback ards, technological prowess, and great skill: fight against poverty; Drew Brees led the National Football League Now, therefore, be it (2) recognizes VISTA members for during the 2009 regular season in passer rat- Resolved, That the Senate— leveraging human, financial, and material ing, with a rating of 109.6, completion per- (1) congratulates the entire BMW ORACLE resources to increase the ability of thou- centage, with 70.6 percent of passes com- Racing team for winning the thirty-third sands of low-income areas across the country pleted, and passing touchdowns, with 34 America’s Cup; and to address challenges and improve their com- (2) recognizes the BMW ORACLE Racing touchdowns thrown, and was also named the munities; and team, and specifically the founder and owner Most Valuable Player of Super Bowl XLIV; (3) encourages the continued commitment Larry Ellison, for the technological accom- Whereas quarterback Drew Brees, offensive of VISTA members to creating and expand- plishments of the team in the international tackle Jonathan Stinchcomb, offensive ing programs designed to bring individuals sport of sailing. guard Jahri Evans, center Jonathan Good- and communities out of poverty. win, linebacker Jonathan Vilma, strong safe- f Mr. ROCKEFELLER. Mr. President, I ty Roman Harper, and free safety Darren SENATE RESOLUTION 425—CELE- rise today, to celebrate a remarkable Sharper were named to the 2010 National BRATING VOLUNTEERS IN SERV- anniversary. This month, Volunteers in Football Conference Pro Bowl team; ICE TO AMERICA ON ITS 45TH Service to America, better known as Whereas during his tenure with the New VISTA, celebrates the 45th anniversary Orleans Saints, head coach Sean Payton has ANNIVERSARY AND RECOG- led the franchise to 38 regular season wins, 4 NIZING ITS CONTRIBUTION TO of its founding. I am delighted to have playoff wins, 2 National Football Conference THE FIGHT AGAINST POVERTY Senator THAD COCHRAN of Mississippi championship games, and the first Super Mr. ROCKEFELLER (for himself and as my cosponsor. Public service is a bi- Bowl and National Football League Cham- partisan issue. Mr. COCHRAN) submitted the following Forty-five years of bringing people pionship victories in the history of the team; resolution; which was referred to the and together, lifting communities up, Committee on Health, Education, Whereas the New Orleans Saints are the fighting poverty, making America Labor, and Pensions: first professional sports franchise to bring a stronger. championship to the City of New Orleans: S. RES. 425 Forty-five years of fighting illit- Now, therefore, be it Whereas Volunteers in Service to America eracy, improving health services, re- Resolved, That the Senate— (VISTA) has made an extraordinary con- ducing unemployment, increasing (1) commends the New Orleans Saints for tribution to alleviating poverty and improv- winning Super Bowl XLIV and the entire ing American society since the program housing opportunities, reducing crime ‘‘Who Dat Nation’’ for their support; began in 1965; and recidivism, and expanding access (2) recognizes the achievements of all the Whereas more than 175,000 individuals of to technology. players, coaches, and support staff who were all ages and from different walks of life have Forty-five years of leveraging re- instrumental in the success of the New Orle- answered VISTA’s call to devote a year of sources and building capacity while ans Saints during the 2009 football season; full-time service living and working in low- providing thousands of Americans the and income communities to help eradicate pov- opportunity to devote a year of full- (3) requests the Secretary of the Senate to erty; time service living and working in low- transmit an enrolled copy of this resolution Whereas VISTA members have helped cre- income communities to help eradicate for appropriate display to the New Orleans ate many successful and sustainable commu- Saints. nity initiatives, including Head Start cen- poverty. ters, credit unions, and neighborhood watch VISTA did not invent these ideas; f groups, with VISTA alumni going on to serve America has a long and rich history of in leadership positions in government, pri- public service. But when John F. Ken- vate, and nonprofit sectors throughout the nedy became president, these enduring SENATE RESOLUTION 424—CON- United States; values found new life. The person in his GRATULATING THE BMW ORA- Whereas VISTA, which became part of new administration who truly pursued CLE RACING TEAM FOR WINNING AmeriCorps in 1993 and is administered by that vision with all his might was THE THIRTY-THIRD AMERICA’S the Corporation for National and Commu- President Kennedy’s brother-in-law, CUP nity Service, annually engages more than 7,000 members in helping more than 1,000 Sargent Shriver. I will always know Mrs. FEINSTEIN (for herself and local organizations build sustainable anti- him as a hero and a friend. Mrs. BOXER) submitted the following poverty programs; He created a legacy of programs that resolution; which was referred to the Whereas AmeriCorps VISTA members im- promote social equality and human Committee on the Judiciary: prove the lives of the most vulnerable citi- dignity—such as Legal Services, Job

VerDate Nov 24 2008 03:36 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\RECORD10\S25FE0.REC S25FE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S802 CONGRESSIONAL RECORD — SENATE February 25, 2010 Corps, and yes, VISTA. He was also the and families who taught me so much tion; which was referred to the Com- driving force behind the creation of the about life. mittee on the Judiciary: Peace Corps, which is how I originally Today, VISTA, which became part of S. CON. RES. 50 came to know him. AmeriCorps in 1993, continues to en- Whereas a group of African-American When we first met in the early 1960s, gage more than 7,000 members in help- stuntmen, athletes, and extras founded the I was still studying Chinese and inter- ing more than 1,000 local organizations Black Stuntmen’s Association in Los Ange- ested in Southeast Asia affairs, but my build sustainable anti-poverty pro- les, California, in 1967 to combat racial dis- life was quickly transformed after grams every year. crimination and create equal opportunities meeting Sargent Shriver. So to them—to VISTA’s members, for all people of color in the motion picture and television stunt industry; He understood that one way to im- past and present—to its numerous de- Whereas the Coalition of Black Stuntmen prove the world was to start with our voted host organizations and commu- and Women was formed in 1973 to continue own communities—and that if we unite nities which give as much to the pro- the fight against racial bias in the industry; together with a common mission of gram as they receive—to my friend and Whereas motion picture and television pro- making our communities stronger, we mentor Sargent Shriver—to everyone ductions at the time commonly featured can make the world a better place. who carries on VISTA’s noble work White stuntmen and women as stunt doubles That was when I became a VISTA every day—congratulations and thank for African-American actors and those of other races, using makeup to darken their volunteer, shortly after the program you. complexion in a process known as a ‘‘paint- began. I was lucky enough to come to Now, watch out. We have only just down’’; West Virginia—and that was when my begun: In these times of enormous eco- Whereas African-Americans were routinely life changed forever. I often say that nomic uncertainty and challenge, our denied job opportunities and formal training while I was technically born in New nation needs VISTA’s, courage, com- in the stunt industry due to lingering rac- York, I was really born in West Vir- mitment and service more than ever. ism; ginia that year. Your impact is real. I know without a Whereas the increased use of African- I truly believe that people are liber- American actors in motion pictures and tele- doubt, from the bottom my heart that vision in the 1960s brought more attention to ated when they get outside of them- for years to come, VISTA members will the common industry practice of using only selves to help others. continue to transform our commu- White stuntmen and women; When I first came to West Virginia, nities and our nation—for the better. Whereas the Black Stuntmen’s Association over 40 years ago, much of my work Mr. COCHRAN. Mr. President, I am and the Coalition of Black Stuntmen and was with children who didn’t have pleased to join the distinguished Sen- Women pursued legal action to bring addi- great opportunities in life. I was a ator from West Virginia, Mr. ROCKE- tional diversity to the motion picture and television industry and continued to monitor VISTA member in Emmons, West Vir- FELLER, in submitting a resolution to compliance with the resulting agreements; ginia, a small, coal mining community celebrate the 45th anniversary of the Whereas the original members of the Black on the Boone-Kanawha County line. Volunteers in Service to America, or Stuntmen’s Association and the Coalition of It took me 6 months to finally be ac- VISTA, program. Black Stuntmen and Women paved the way cepted by the community. I used to sit President Kennedy suggested in 1963 for greater racial equality in the motion pic- on the railroad tracks with the kids, a program of national service that ture and television industry in the ensuing throwing rocks and just talking with would provide assistance to those in years, but in many cases were unable to ben- them. One day, one of the kids invited need in urban and rural areas. Less efit from their hard-won victory; me into their home; then the others than 2 years later, President Johnson Whereas the efforts of the Black Stuntmen’s Association and the Coalition of soon followed. launched the ‘‘War on Poverty,’’ and Black Stuntmen and Women also helped tear I had found what I wanted by work- included the VISTA program created down discriminatory barriers and prejudices ing with this community—what my gut by the Economic Opportunity Act of in other parts of the motion picture and tele- was telling me was important. I found 1964. vision industry, both in front of and behind out a few other things as well. There Incorporated into the AmeriCorps the camera; and was not any organization in the com- network of programs in 1993, VISTA Whereas members of the Black Stuntmen’s munity or a general effort to better the has been hard at work in the fight Association and the Coalition of Black living conditions of the area. against poverty for 45 years. Today, Stuntmen and Women have made a signifi- Many of the children didn’t even go cant and lasting contribution to the quality the VISTA program is stronger than of motion picture and television productions to school because it was several miles ever, placing 6,500 full-time volunteers in the United States: Now, therefore, be it to a paved road and the school board at 1,200 nonprofit organizations and Resolved by the Senate (the House of Rep- wouldn’t send a bus to Emmons. public agencies each year. These volun- resentatives concurring), That Congress— So, we fought for a school bus. We teers are committed to serving the (1) recognizes the historic founding of the built a small library. We built a park. needs of the poorest Americans at nu- Black Stuntmen’s Association and the Coali- We started a baseball team. We didn’t merous program sites, and they are to tion of Black Stuntmen and Women, and win a single game, but that wasn’t (2) honors the contributions of these orga- be commended for their unselfish con- nizations and their members in the fight for what was important. It was opening up tributions to helping others. racial equality and justice in the motion pic- new possibilities for those kids. I am proud to say that there are 87 ture and television industry. My experience was just one of thou- VISTA volunteers at 21 program sites Mr. REID. Mr. President, I rise today sands. Since 1965, more than 175,000 in my home State of Mississippi. I un- to acknowledge a group that has cre- Americans of all ages and walks of life derstand the sacrifices that are being ated opportunities for countless Afri- have answered VISTA’s call. I am made by these young men and women can American men and women in the proud to count myself as a member of and the important impact that these film and television industry. I rise to that very special group. volunteers have made in our commu- submit this Senate Concurrent Resolu- So VISTA’s anniversary is also my nities. tion honoring the Black Stuntmen’s own. When I look back on VISTA be- I am pleased to congratulate VISTA Association and the Coalition of Black ginnings, I see my own roots—the foun- on 45 years of distinguished service to Stuntmen and Women for their efforts dation on which I have built the rest of our country. to not only integrate, but enhance the my life. f television and film industry. This is a I got into politics shortly thereafter. SENATE CONCURRENT RESOLU- companion resolution identical to H. I knew I could not be a VISTA forever, Con. Res. 190 submitted by my good TION 50—RECOGNIZING THE HIS- so I ran for the House of Delegates, friend, Congresswoman SHELLEY BERK- TORIC FOUNDING OF THE BLACK knowing that was the way I could con- LEY. tinue to make change. STUNTMEN’S ASSOCIATION AND I take great pride in submitting this I knew there were a thousand THE COALITION OF BLACK resolution not only because these indi- Emmons all across Appalachia. But ev- STUNTMEN AND WOMEN viduals knocked down the walls of ra- erything that I have done in my career Mr. REID (for himself, Mr. BURRIS, cial discrimination, but also because in public office has been grounded in Mrs. BOXER, and Mrs. FEINSTEIN) sub- many of these pioneers now reside in the VISTA experience and in those kids mitted the following concurrent resolu- my home State of Nevada.

VerDate Nov 24 2008 03:36 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\RECORD10\S25FE0.REC S25FE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE February 25, 2010 CONGRESSIONAL RECORD — SENATE S803 In the 1950s and 1960s few African nally known as the National Negro Com- front 21st century challenges in the critical Americans had roles in television or mittee, was founded in New York City on areas of health, education, housing, criminal film and rarely were given the oppor- February 12, 1909, the centennial of Abraham justice, and environment; and tunity to work as stuntmen and Lincoln’s birth, by a multiracial group of ac- Whereas on July 16, 2009, the NAACP cele- tivists who met in a national conference to brated its centennial anniversary in New women. Most often, the few opportuni- discuss the civil and political rights of Afri- York City, highlighting an extraordinary ties available to individuals willing to can-Americans; century of Bold Dreams, Big Victories with a engage the dangerous work as stunt- Whereas the NAACP was founded by a dis- historic address from the first African-Amer- men were taken by whites, who donned tinguished group of leaders in the struggle ican president of the United States, Barack dark make-up to look like the black for civil and political liberty, including Ida Obama: Now, therefore, be it actors they were portraying. Wells-Barnett, W.E.B. DuBois, Henry Resolved by the Senate (the House of Rep- To overcome the barrier of racism Moscowitz, Mary White Ovington, Oswald resentatives concurring), That Congress— Garrison Villard, and William English and many other obstacles to the enter- (1) recognizes the 101st anniversary of the Walling; historic founding of the National Association tainment industry, in 1967 a group of Whereas the NAACP is the oldest and larg- for the Advancement of Colored People; and courageous men and women formed the est civil rights organization in the United (2) honors and praises the National Asso- Black Stuntmen’s Association. Even States; ciation for the Advancement of Colored Peo- though many had to work other jobs, Whereas the NAACP National Head- ple on the occasion of its anniversary for its they took it upon themselves to train quarters is located in Baltimore, Maryland; work to ensure the political, educational, so- each other, often meeting three to four Whereas the mission of the NAACP is to cial, and economic equality of all persons. ensure the political, educational, social, and nights a week for several hours. They economic equality of rights of all persons f trained in parks, on beaches and just and to eliminate racial hatred and racial dis- about anywhere they could set up crimination; AMENDMENTS SUBMITTED AND equipment to practice tumbles and Whereas the NAACP is committed to PROPOSED flips. They eventually progressed to achieving its goals through nonviolence; disciplined training in automotives and Whereas the NAACP advances its mission SA 3333. Ms. LANDRIEU (for herself, Mr. driving techniques for cars and motor- through reliance upon the press, the peti- VITTER, Mr. WICKER, and Mr. SHELBY) sub- tion, the ballot, and the courts, and has been mitted an amendment intended to be pro- cycles. persistent in the use of legal and moral per- These individuals are pioneers and posed by her to the bill H.R. 4154, to amend suasion, even in the face of overt and violent the Internal Revenue Code of 1986 to repeal would later work with the Coalition of racial hostility; the new carryover basis rules in order to pre- Black Stuntmen and Women to fight Whereas the NAACP has used political vent tax increases and the imposition of racism in the entertainment industry. pressure, marches, demonstrations, and ef- compliance burdens on many more estates Their collective efforts have created fective lobbying to serve as the voice, as well than would benefit from repeal, to retain the opportunities for many that once never as the shield, for minority Americans; estate tax with a $3,500,000 exemption, to re- existed. Whereas after years of fighting segregation institute and update the Pay-As-You-Go rein public schools, the NAACP, under the quirement of budget neutrality on new tax Eddie Smith; Earnie Robinson; Alex leadership of Special Counsel Thurgood Mar- Brown; S.J. McGee; Harold Jones; Calvin and mandatory spending legislation, en- shall, won one of its greatest legal victories forced by the threat of annual, automatic se- Brown; Doug Lawrence; Cliff Strong; Alonzo in the Supreme Court’s decision in Brown v. Brown; Willie Harris; Joe Tilque; Henry questration, and for other purposes; which Board of Education, 347 U.S. 483 (1954); was ordered to lie on the table. Kingi; Marvin Walters; Richard Washington; Whereas in 1955, NAACP member Rosa Jolly Brown; Greg Elam; William Upton; SA 3334. Mr. DEMINT submitted an amend- Parks was arrested and fined for refusing to ment intended to be proposed to amendment Wayne King, Sr.; Len Glascow; Evelyn give up her seat on a segregated bus in Mont- Cuffee; Jade David; Sharon Schaffer; Kym SA 3326 proposed by Mr. REID to the bill H.R. gomery, Alabama—an act of courage that 1299, to make technical corrections to the Washington; Louise Johnson; Toni Vaz; would serve as the catalyst for the largest Dewitt Fonder; John Mitchell; Henry laws affecting certain administrative au- grassroots civil rights movement in the his- thorities of the United States Capitol Police, Graddy; Darell Giddens; Tony Brubaker; Bob tory of the United States; Minor; Jophery Brown; Bennie Moore; Allen and for other purposes; which was ordered to Whereas the NAACP was prominent in lob- lie on the table. Oliney; John Sherrod. bying for the passage of the Civil Rights While erasing the stains for racism is Acts of 1957, 1960, and 1964, the Voting Rights f a never-ending task, I commend the Act of 1965, the Fannie Lou Hamer, Rosa ´ ´ Black Stuntmen’s Association and the Parks, Coretta Scott King, Cesar E. Chavez, Barbara C. Jordan, William C. Vela´ squez, TEXT OF AMENDMENTS Coalition of Black Stuntmen and and Dr. Hector P. Garcia Voting Rights Act SA 3333. Ms. LANDRIEU (for herself, Women for their work on behalf of the Reauthorization and Amendments Act of Mr. VITTER, Mr. WICKER, and Mr. SHEL- entertainment industry and our na- 2006, and the Fair Housing Act, laws that en- BY) submitted an amendment intended tion. sured Government protection for legal vic- to be proposed by her to the bill H.R. I hope my colleagues will join me and tories achieved; 4154, to amend the Internal Revenue honoring them and cosponsor this reso- Whereas in 2005, the NAACP launched the Code of 1986 to repeal the new carry- lution. Disaster Relief Fund to help survivors in Louisiana, Mississippi, Texas, Florida, and over basis rules in order to prevent tax f Alabama to rebuild their lives; increases and the imposition of compli- SENATE CONCURRENT RESOLU- Whereas in the 110th Congress, the NAACP ance burdens on many more estates TION 51—HONORING AND PRAIS- was prominent in lobbying for the passage of than would benefit from repeal, to re- ING THE NATIONAL ASSOCIA- H. Res. 826, whose resolved clause expresses tain the estate tax with a $3,500,000 ex- that: (1) the hanging of nooses is a horrible TION FOR THE ADVANCEMENT act when used for the purpose of intimida- emption, to reinstitute and update the OF COLORED PEOPLE ON THE tion and which under certain circumstances Pay-As-You-Go requirement of budget OCCASION OF ITS 101ST ANNI- can be criminal; (2) this conduct should be neutrality on new tax and mandatory VERSARY investigated thoroughly by Federal authori- spending legislation, enforced by the ties; and (3) any criminal violations should Mr. DODD (for himself, Mr. REID, Mr. threat of annual, automatic sequestra- be vigorously prosecuted; LEVIN, Ms. MIKULSKI, Mr. SCHUMER, tion, and for other purposes; which was Whereas in 2008 the NAACP vigorously sup- ordered to lie on the table; as follows: Mrs. BOXER, Mrs. GILLIBRAND, Mrs. ported the passage of the Emmett Till Un- SHAHEEN, Mr. BURRIS, Mr. LAUTENBERG, solved Civil Rights Crime Act of 2007, a law After section 185, insert the following: Mr. HARKIN, Ms. LANDRIEU, Mr. CARDIN, that puts additional Federal resources into SEC. 186. EXTENSION OF LOW-INCOME HOUSING CREDIT RULES FOR BUILDINGS IN Mrs. HAGAN, Mr. WHITEHOUSE, and Mr. solving the heinous crimes that occurred in GO ZONES. BINGAMAN) submitted the following the early days of the civil rights struggle that remain unsolved and bringing those who Section 1400N(c)(5) is amended by striking concurrent resolution; which was re- ‘‘January 1, 2011’’ and inserting ‘‘January 1, ferred to the Committee on the Judici- perpetrated such crimes to justice; Whereas the NAACP has helped usher in 2013’’. ary: the new millennium by charting a bold S. CON. RES. 51 course, beginning with the appointment of SA 3334. Mr. DEMINT submitted an Whereas the National Association for the the organization’s youngest President and amendment intended to be proposed to Advancement of Colored People (referred to Chief Executive Officer, Benjamin Todd Jeal- amendment SA 3326 proposed by Mr. in this resolution as the ‘‘NAACP’’), origi- ous, and by outlining a strategic plan to con- REID to the bill H.R. 1299, to make

VerDate Nov 24 2008 03:36 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\RECORD10\S25FE0.REC S25FE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S804 CONGRESSIONAL RECORD — SENATE February 25, 2010 technical corrections to the laws af- The PRESIDING OFFICER. Without 25, 2010, at 9:30 a.m. in room 253 of the fecting certain administrative authori- objection, it is so ordered. Russell Senate Office Building. ties of the United States Capitol Po- COMMITTEE ON BANKING, HOUSING, AND URBAN The PRESIDING OFFICER. Without lice, and for other purposes; which was AFFAIRS. objection, it is so ordered. ordered to lie on the table; as follows: Mr. BROWN of Ohio. Mr. President, I SUBCOMMITTEE ON WATER AND POWER At the appropriate place, insert the fol- ask unanimous consent that the Com- Mr. BROWN of Ohio. Mr. President, I lowing: mittee on Banking, Housing, and ask unanimous consent that the Sub- SEC. ll. PROHIBITION ON EXTENSION OR ES- Urban Affairs be authorized to meet committee on Water and Power be au- TABLISHMENT OF NATIONAL MONU- during the session of the Senate on thorized to meet during the session of MENTS IN CERTAIN AREAS. February 25, 2010, at 9 a.m., to conduct the Senate on February 25, 2010, at 10:30 (a) IN GENERAL.—Notwithstanding the Act of June 8, 1906 (commonly known as the ‘‘An- a hearing entitled ‘‘The Semiannual a.m., in room SD–366 of the Dirksen tiquities Act of 1906’’) (16 U.S.C. 431 et seq.), Monetary Policy Report to Congress.’’ Senate Office Building. or any other provision of law, no further ex- The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without tension or establishment of national monu- objection, it is so ordered. objection, it is so ordered. ments in areas described in subsection (b) COMMITTEE ON INDIAN AFFAIRS f may be undertaken. Mr. BROWN of Ohio. Mr. President, I COMMERCE, JUSTICE, SCIENCE, (b) APPLICABLE AREAS.—Subsection (a) ask unanimous consent that the Com- shall apply to— AND RELATED AGENCIES APPRO- mittee on Indian Affairs be authorized (1) the Northwest Sonoran Desert, Arizona; PRIATIONS ACT, 2010 to meet during the session of the Sen- (2) the Berryessa Snow Mountains, Cali- On Wednesday, February 24, 2010, the fornia; ate on February 25, 2010, at 2:15 p.m. in (3) the Bodie Hills, California; room 628 of the Dirksen Senate Office Senate passed H.R. 2847, as amended, as (4) the expansion of the Cascade-Siskiyou Building. follows: National Monument, California; The PRESIDING OFFICER. Without H.R. 2847 (5) the Modoc Plateau, California; objection, it is so ordered. Resolved, That the Senate agrees to the (6) the Vermillion Basin, Colorado; COMMITTEE ON THE JUDICIARY amendment of the House of Representatives (7) the Northern Montana Prairie, Mon- to the amendment of the Senate to the bill tana; Mr. BROWN of Ohio. Mr. President, I (H.R. 2847) entitled ‘‘An Act making appro- (8) the Heart of the Great Basin, Nevada; ask unanimous consent that the Com- priations for the Departments of Commerce (9) the Lesser Prairie Chicken Preserve, mittee on the Judiciary be authorized and Justice, and Science, and Related Agen- New Mexico; to meet during the session of the Sen- cies for the fiscal year ending September 30, (10) the Otero Mesa, New Mexico; ate on February 25, 2010, at 10 a.m., in 2010, and for other purposes.’’, with the fol- (11) the Owyhee Desert, Oregon and Ne- SD–226 of the Dirksen Senate Office lowing Senate amendment to House amend- vada; Building, to conduct an executive busi- ment to Senate amendment: (12) the Cedar Mesa region, Utah; ness meeting. In lieu of the matter proposed to be in- (13) the San Rafael Swell, Utah; and serted by the amendment of the House to the (14) the San Juan Islands, Washington. The PRESIDING OFFICER. Without amendment of the Senate insert the fol- objection, it is so ordered. f lowing: COMMITTEE ON SMALL BUSINESS AND SECTION 1. SHORT TITLE; AMENDMENT OF 1986 NOTICE OF HEARING ENTREPRENEURSHIP CODE; TABLE OF CONTENTS. COMMITTEE ON ENERGY AND NATURAL Mr. BROWN of Ohio. Mr. President, I (a) SHORT TITLE.—This Act may be cited as RESOURCES ask unanimous consent that the Com- the ‘‘Hiring Incentives to Restore Employment mittee on Small Business and Entre- Act’’. Mr. BINGAMAN. Mr. President, I (b) AMENDMENT OF 1986 CODE.—Except as oth- would like to announce for the infor- preneurship be authorized to meet dur- erwise expressly provided, whenever in this Act mation of the Senate and the public ing the session of the Senate on Feb- an amendment or repeal is expressed in terms of that a hearing has been scheduled be- ruary 25, 2010, at 10 a.m. an amendment to, or repeal of, a section or fore the Senate Committee on Energy The PRESIDING OFFICER. Without other provision, the reference shall be consid- and Natural Resources. The hearing objection, it is so ordered. ered to be made to a section or other provision will be held on Thursday, March 4, 2009, AD HOC SUBCOMMITTEE ON CONTRACTING of the Internal Revenue Code of 1986. OVERSIGHT (c) TABLE OF CONTENTS.—The table of con- at 10 a.m., in room SD–366 of the Dirk- tents for this Act is as follows: sen Senate Office Building. Mr. BROWN of Ohio. Mr. President, I ask unanimous consent that the Com- Sec. 1. Short title; amendment of 1986 Code; The purpose of this hearing is to ex- table of contents. amine the Department of Energy’s im- mittee on Contracting Oversight of the Committee on Homeland Security and TITLE I—INCENTIVES FOR HIRING AND plementation of programs authorized RETAINING UNEMPLOYED WORKERS Governmental Affairs be authorized to and funded under the American Recov- Sec. 101. Payroll tax forgiveness for hiring un- ery and Reinvestment Act of 2009. meet during the session of the Senate employed workers. Because of the limited time available on February 25, 2010, at 2:30 p.m. to Sec. 102. Business credit for retention of certain for the hearing, witnesses may testify conduct a hearing entitled ‘‘Inter- newly hired individuals in 2010. by invitation only. However, those agency Contracts (Part I): Overview TITLE II—EXPENSING wishing to submit written testimony and Recommendations for Reform.’’ Sec. 201. Increase in expensing of certain depre- for the hearing record may do so by The PRESIDING OFFICER. Without ciable business assets. sending it to the Committee on Energy objection, it is so ordered. TITLE III—QUALIFIED TAX CREDIT BONDS and Natural Resources, United States SELECT COMMITTEE ON INTELLIGENCE Sec. 301. Issuer allowed refundable credit for Senate, Washington, D.C. 20510–6150, Mr. BROWN of Ohio. Mr. President, I certain qualified tax credit bonds. or by e-mail to Abigail ask unanimous consent that the Select TITLE IV—EXTENSION OF CURRENT [email protected]. Committee on Intelligence be author- SURFACE TRANSPORTATION PROGRAMS For further information, please con- ized to meet during the session of the Sec. 401. Short title. tact Mike Carr at (202) 224–8164 or Abi- Senate on February 25, 2010, at 2:30 Subtitle A—Federal-aid Highways gail Campbell at (202) 224–1219. p.m. Sec. 411. In general. f The PRESIDING OFFICER. Without Sec. 412. Administrative expenses. objection, it is so ordered. Sec. 413. Rescission of unobligated balances. AUTHORITY FOR COMMITTEES TO Sec. 414. Reconciliation of funds. SUBCOMMITTEE ON AVIATION OPERATIONS, MEET SAFETY, AND SECURITY Subtitle B—National Highway Traffic Safety COMMITTEE ON ARMED SERVICES Mr. BROWN of Ohio. Mr. President, I Administration, Federal Motor Carrier Safety Mr. BROWN of Ohio. Mr. President, I ask unanimous consent that the Sub- Administration, and Additional Programs ask unanimous consent that the Com- committee on Aviation Operations, Sec. 421. Extension of National Highway Traf- fic Safety Administration High- mittee on Armed Services be author- Safety, and Security of the Committee way Safety Programs. ized to meet during the session of the on Commerce, Science, and Transpor- Sec. 422. Extension of Federal Motor Carrier Senate on February 25, 2010, at 9:30 tation be authorized to meet during Safety Administration Programs. a.m. the session of the Senate on February Sec. 423. Additional programs.

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Subtitle C—Public Transportation Programs ‘‘(d) SPECIAL EXEMPTION FOR CERTAIN INDI- enue Code of 1986 for such taxable year shall be Sec. 431. Allocation of funds for planning pro- VIDUALS HIRED IN 2010.— increased by an amount equal to the product grams. ‘‘(1) IN GENERAL.—Subsection (a) shall not of— Sec. 432. Special rule for urbanized area for- apply to wages paid by a qualified employer (1) $1,000, and mula grants. with respect to employment during the period (2) the number of retained workers with re- Sec. 433. Allocating amounts for capital invest- beginning on the day after the date of the en- spect to which subsection (b)(2) is first satisfied ment grants. actment of this subsection and ending on De- during such taxable year. (b) RETAINED WORKER.—For purposes of this Sec. 434. Apportionment of formula grants for cember 31, 2010, of any qualified individual for section, the term ‘‘retained worker’’ means any other than urbanized areas. services performed— qualified individual (as defined in section Sec. 435. Apportionment based on fixed guide- ‘‘(A) in a trade or business of such qualified 3111(d)(3) of the Internal Revenue Code of way factors. employer, or ‘‘(B) in the case of a qualified employer ex- 1986)— Sec. 436. Authorizations for public transpor- (1) who was employed by the taxpayer on any tation. empt from tax under section 501(a), in further- date during the taxable year, Sec. 437. Amendments to SAFETEA–LU. ance of the activities related to the purpose or function constituting the basis of the employer’s (2) who was so employed by the taxpayer for Subtitle D—Revenue Provisions exemption under section 501. a period of not less than 52 consecutive weeks, Sec. 441. Repeal of provision prohibiting the ‘‘(2) QUALIFIED EMPLOYER.—For purposes of and crediting of interest to the High- this subsection— (3) whose wages for such employment during way Trust Fund. ‘‘(A) IN GENERAL.—The term ‘qualified em- the last 26 weeks of such period equaled at least Sec. 442. Restoration of certain foregone inter- ployer’ means any employer other than the 80 percent of such wages for the first 26 weeks est to Highway Trust Fund. United States, any State, or any political sub- of such period. (c) LIMITATION ON CARRYBACKS.—No portion Sec. 443. Treatment of certain amounts appro- division thereof, or any instrumentality of the of the unused business credit under section 38 of priated to Highway Trust Fund. foregoing. the Internal Revenue Code of 1986 for any tax- Sec. 444. Termination of transfers from high- ‘‘(B) TREATMENT OF EMPLOYEES OF POST-SEC- able year which is attributable to the increase in way trust fund for certain repay- ONDARY EDUCATIONAL INSTITUTIONS.—Notwith- ments and credits. standing subparagraph (A), the term ‘qualified the current year business credit under this sec- Sec. 445. Extension of authority for expendi- employer’ includes any employer which is a tion may be carried to a taxable year beginning tures. public institution of higher education (as de- before the date of the enactment of this section. Sec. 446. Level of obligation limitations. fined in section 101(b) of the Higher Education TITLE II—EXPENSING TITLE V—OFFSET PROVISIONS Act of 1965). SEC. 201. INCREASE IN EXPENSING OF CERTAIN DEPRECIABLE BUSINESS ASSETS. Subtitle A—Foreign Account Tax Compliance ‘‘(3) QUALIFIED INDIVIDUAL.—For purposes of this subsection, the term ‘qualified individual’ (a) IN GENERAL.—Subsection (b) of section 179 PART I—INCREASED DISCLOSURE OF BENEFICIAL means any individual who— is amended— OWNERS ‘‘(A) begins employment with a qualified em- (1) by striking ‘‘($125,000 in the case of taxable Sec. 501. Reporting on certain foreign accounts. ployer after February 3, 2010, and before Janu- years beginning after 2006 and before 2011)’’ in Sec. 502. Repeal of certain foreign exceptions to ary 1, 2011, paragraph (1) and inserting ‘‘($250,000 in the registered bond requirements. ‘‘(B) certifies by signed affidavit, under pen- case of taxable years beginning after 2007 and PART II—UNDER REPORTING WITH RESPECT TO alties of perjury, that such individual has not before 2011)’’, FOREIGN ASSETS been employed for more than 40 hours during (2) by striking ‘‘($500,000 in the case of taxable the 60-day period ending on the date such indi- years beginning after 2006 and before 2011)’’ in Sec. 511. Disclosure of information with respect paragraph (2) and inserting ‘‘($800,000 in the to foreign financial assets. vidual begins such employment, ‘‘(C) is not employed by the qualified employer case of taxable years beginning after 2007 and Sec. 512. Penalties for underpayments attrib- before 2011)’’, utable to undisclosed foreign fi- to replace another employee of such employer unless such other employee separated from em- (3) by striking paragraphs (5) and (7), and nancial assets. (4) by redesignating paragraph (6) as para- Sec. 513. Modification of statute of limitations ployment voluntarily or for cause, and ‘‘(D) is not an individual described in section graph (5). for significant omission of income (b) EFFECTIVE DATE.—The amendments made in connection with foreign assets. 51(i)(1) (applied by substituting ‘qualified employer’ for ‘taxpayer’ each place it appears). by this section shall apply to taxable years be- PART III—OTHER DISCLOSURE PROVISIONS ‘‘(4) ELECTION.—A qualified employer may ginning after December 31, 2009. Sec. 521. Reporting of activities with respect to elect to have this subsection not apply. Such TITLE III—QUALIFIED TAX CREDIT BONDS passive foreign investment compa- election shall be made in such manner as the SEC. 301. ISSUER ALLOWED REFUNDABLE CREDIT nies. Secretary may require.’’. FOR CERTAIN QUALIFIED TAX CRED- Sec. 522. Secretary permitted to require finan- (b) COORDINATION WITH WORK OPPORTUNITY IT BONDS. cial institutions to file certain re- CREDIT.—Section 51(c) is amended by adding at (a) CREDIT ALLOWED.—Section 6431 is amend- turns related to withholding on the end the following new paragraph: ed by adding at the end the following new sub- foreign transfers electronically. ‘‘(5) COORDINATION WITH PAYROLL TAX FOR- section: ‘‘(f) APPLICATION OF SECTION TO CERTAIN PART IV—PROVISIONS RELATED TO FOREIGN GIVENESS.—The term ‘wages’ shall not include QUALIFIED TAX CREDIT BONDS.— TRUSTS any amount paid or incurred to a qualified individual (as defined in section 3111(d)(3)) during ‘‘(1) IN GENERAL.—In the case of any specified Sec. 531. Clarifications with respect to foreign the 1-year period beginning on the hiring date tax credit bond— trusts which are treated as having ‘‘(A) such bond shall be treated as a qualified of such individual by a qualified employer (as a United States beneficiary. bond for purposes of this section, defined in section 3111(d)) unless such qualified Sec. 532. Presumption that foreign trust has ‘‘(B) subsection (a) shall be applied without employer makes an election not to have section United States beneficiary. regard to the requirement that the qualified 3111(d) apply.’’. Sec. 533. Uncompensated use of trust property. bond be issued before January 1, 2011, (c) TRANSFERS TO FEDERAL OLD-AGE AND SUR- Sec. 534. Reporting requirement of United ‘‘(C) the amount of the payment determined VIVORS INSURANCE TRUST FUND.—There are States owners of foreign trusts. under subsection (b) with respect to any interest hereby appropriated to the Federal Old-Age and Sec. 535. Minimum penalty with respect to fail- payment date under such bond shall be— Survivors Trust Fund and the Federal Disability ure to report on certain foreign ‘‘(i) in the case of a bond issued by a qualified Insurance Trust Fund established under section trusts. small issuer, 65 percent of the amount of interest 201 of the Social Security Act (42 U.S.C. 401) payable on such bond by such issuer with re- PART V—SUBSTITUTE DIVIDENDS AND DIVIDEND amounts equal to the reduction in revenues to spect to such date, and EQUIVALENT PAYMENTS RECEIVED BY FOREIGN the Treasury by reason of the amendments made ‘‘(ii) in the case of a bond issued by any other PERSONS TREATED AS DIVIDENDS by subsection (a). Amounts appropriated by the person, 45 percent of the amount of interest pay- Sec. 541. Substitute dividends and dividend preceding sentence shall be transferred from the able on such bond by such issuer with respect to equivalent payments received by general fund at such times and in such manner such date, foreign persons treated as divi- as to replicate to the extent possible the trans- ‘‘(D) interest on any such bond shall be in- dends. fers which would have occurred to such Trust cludible in gross income for purposes of this Subtitle B—Delay in Application of Worldwide Fund had such amendments not been enacted. title, Allocation of Interest (d) EFFECTIVE DATE.—The amendments made ‘‘(E) no credit shall be allowed under section by this section shall apply to wages paid after Sec. 551. Delay in application of worldwide al- 54A with respect to such bond, the date of the enactment of this Act. ‘‘(F) any payment made under subsection (b) location of interest. SEC. 102. BUSINESS CREDIT FOR RETENTION OF shall not be includible as income for purposes of TITLE I—INCENTIVES FOR HIRING AND CERTAIN NEWLY HIRED INDIVID- this title, and RETAINING UNEMPLOYED WORKERS UALS IN 2010. ‘‘(G) the deduction otherwise allowed under SEC. 101. PAYROLL TAX FORGIVENESS FOR HIR- (a) IN GENERAL.—In the case of any taxable this title to the issuer of such bond with respect ING UNEMPLOYED WORKERS. year ending after the date of the enactment of to interest paid under such bond shall be re- (a) IN GENERAL.—Section 3111 is amended by this Act, the current year business credit deter- duced by the amount of the payment made adding at the end the following new subsection: mined under section 38(b) of the Internal Rev- under this section with respect to such interest.

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‘‘(2) DEFINITIONS.—For purposes of this sub- year 2009 under titles I, V, and VI of the tion limitation under such Act, annualize the section— SAFETEA–LU (119 Stat. 1144), and title 23, amount of contract authority provided under ‘‘(A) SPECIFIED TAX CREDIT BOND.—The term United States Code (excluding chapter 4 of that this Act for Federal-aid highways and highway ‘specified tax credit bond’ means any qualified title). safety construction programs; and tax credit bond (as defined in section 54A(d)) (c) USE OF FUNDS.— (B) multiply the resulting distribution of any if— (1) FISCAL YEAR 2010.—Except as otherwise ex- obligation limitation under such Act by 1⁄4. ‘‘(i) such bond is— pressly provided in this Act, funds authorized to (d) EXTENSION AND FLEXIBILITY FOR CERTAIN ‘‘(I) a new clean renewable energy bond (as be appropriated under subsection (b)(1) for fis- ALLOCATED PROGRAMS.— defined in section 54C), cal year 2010 shall be distributed, administered, (1) FISCAL YEAR 2010.—Notwithstanding any ‘‘(II) a qualified energy conservation bond (as limited, and made available for obligation in the other provision of law, for fiscal year 2010, the defined in section 54D), same manner and at the same level as funds au- portion of the share of funds of a State under ‘‘(III) a qualified zone academy bond (as de- thorized to be appropriated out of the Highway subsection (b)(1) determined by the amount that fined in section 54E), or Trust Fund for fiscal year 2009 to carry out pro- the State received or was authorized to receive ‘‘(IV) a qualified school construction bond (as grams, projects, activities, eligibilities, and re- for fiscal year 2009 to carry out sections 1301, defined in section 54F), and quirements under the SAFETEA–LU (119 Stat. 1302, 1307, 1702, and 1934 of the SAFETEA–LU ‘‘(ii) the issuer of such bond makes an irrev- 1144), the SAFETEA–LU Technical Corrections (119 Stat. 1198, 1204, 1217, 1256, and 1485), and ocable election to have this subsection apply, Act of 2008 (122 Stat. 1572), titles I and VI of the section 144(f)(1) of title 23, United States Code, ‘‘(B) QUALIFIED SMALL ISSUER.—The term Intermodal Surface Transportation Act of 1991 shall be— ‘qualified small issuer’ means, with respect to (105 Stat. 1914), titles I and V of the Transpor- (A) made available to the State for programs any calendar year, any issuer who is not rea- tation Equity Act for the 21st Century (112 Stat. apportioned under sections 104(b) and 144 of sonably expected to issue tax-exempt bonds 107), and title 23, United States Code (excluding title 23, United States Code, and in the same (other than private activity bonds) and specified chapter 4 of that title). proportion for each such program that— (i) the amount apportioned to the State for tax credit bonds (determined without regard to (2) FISCAL YEAR 2011.—Except as otherwise expressly provided in this Act, funds authorized to that program for fiscal year 2009; bears to whether an election is made under this sub- (ii) the amount apportioned to the State for be appropriated under subsection (b)(2) for the section) during such calendar year in an aggre- fiscal year 2009 for all programs apportioned period beginning on October 1, 2010, and ending gate face amount exceeding $30,000,000.’’. under such sections of such Code; and on December 31, 2010, shall be distributed, ad- (b) TECHNICAL CORRECTIONS RELATING TO (B) administered in the same manner and with ministered, limited, and made available for obli- QUALIFIED SCHOOL CONSTRUCTION BONDS.— the same period of availability as such funding gation in the same manner and at the same level (1) The second sentence of section 54F(d)(1) is is administered under programs identified in as 1⁄4 of the total amount of funds authorized to amended by striking ‘‘by the State’’ and insert- subparagraph (A), except that no funds may be be appropriated out of the Highway Trust Fund ing ‘‘by the State education agency (or such used to carry out the project described in section for fiscal year 2009 to carry out programs, other agency as is authorized under State law to 1307(d)(1) of the SAFETEA–LU (119 Stat. 1217; projects, activities, eligibilities, and require- make such allocation)’’. 122 Stat. 1577). (2) The second sentence of section 54F(e) is ments under the SAFETEA–LU (119 Stat. 1144), (2) FISCAL YEAR 2011.—Notwithstanding any amended by striking ‘‘subsection (d)(4)’’ and in- the SAFETEA–LU Technical Corrections Act of other provision of law, for the period beginning serting ‘‘paragraphs (2) and (4) of subsection 2008 (122 Stat. 1572), titles I and VI of the Inter- on October 1, 2010, and ending on December 31, (d)’’. modal Surface Transportation Act of 1991 (105 2010, the portion of the share of funds of a State Stat. 1914), titles I and V of the Transportation (c) EFFECTIVE DATES.— under subsection (b)(2) determined by 1⁄4 of the (1) IN GENERAL.—The amendment made by Equity Act for the 21st Century (112 Stat. 107), amount that the State received or was author- subsection (a) shall apply to bonds issued after and title 23, United States Code (excluding ized to receive for fiscal year 2009 to carry out the date of the enactment of this Act. chapter 4 of that title). sections 1301, 1302, 1307, 1702, and 1934 of the (2) TECHNICAL CORRECTIONS.—The amend- (3) CALCULATION.—The amounts authorized to SAFETEA–LU (119 Stat. 1198, 1204, 1217, 1256, ments made by subsection (b) shall take effect as be appropriated under subsection (b) shall be and 1485) and section 144(f)(1) of title 23, United if included in section 1521 of the American Re- calculated without regard to any rescission or States Code, shall be— covery and Reinvestment Tax Act of 2009. cancellation of funds or contract authority for (A) made available to the State for programs fiscal year 2009 under the SAFETEA–LU (119 TITLE IV—EXTENSION OF CURRENT apportioned under sections 104(b) and 144 of Stat. 1144) or any other law. SURFACE TRANSPORTATION PROGRAMS title 23, United States Code, and in the same (4) CONTRACT AUTHORITY.— proportion for each such program that— SEC. 401. SHORT TITLE. (A) IN GENERAL.—Except as provided in sub- (i) the amount apportioned to the State for This title may be cited as the ‘‘Surface Trans- paragraph (B), funds authorized to be appro- that program for fiscal year 2009; bears to portation Extension Act of 2010’’. priated under this section shall be available for (ii) the amount apportioned to the State for Subtitle A—Federal-aid Highways obligation and shall be administered in the same fiscal year 2009 for all programs apportioned manner as if such funds were apportioned under SEC. 411. IN GENERAL. under such sections of such Code; and chapter 1 of title 23, United States Code, and— (B) administered in the same manner and with (a) IN GENERAL.—Except as provided in this (i) for fiscal year 2010, shall be subject to a the same period of availability as such funding Act, requirements, authorities, conditions, eligi- limitation on obligations for Federal-aid high- is administered under programs identified in bilities, limitations, and other provisions author- ways and highway safety construction programs subparagraph (A), except that no funds may be ized under titles I, V, and VI of the SAFETEA– included in an Act making appropriations for used to carry out the project described in section LU (119 Stat. 1144), the SAFETEA–LU Tech- fiscal year 2010 or a portion of that fiscal year; 1307(d)(1) of the SAFETEA–LU (119 Stat. 1217; nical Corrections Act of 2008 (122 Stat. 1572), ti- and 122 Stat. 1577). tles I and VI of the Intermodal Surface Trans- (ii) for the period beginning on October 1, (3) TERRITORIES AND PUERTO RICO.— portation Act of 1991 (105 Stat. 1914), titles I and 2010, and ending on December 31, 2010, shall be (A) FISCAL YEAR 2010.—Notwithstanding any V of the Transportation Equity Act for the 21st subject to a limitation on obligations included in other provision of law, for fiscal year 2010, the Century (112 Stat. 107), and title 23, United an Act making appropriations for fiscal year portion of the share of funds of a territory or States Code (excluding chapter 4 of that title), 2011 or a portion of that fiscal year, except that Puerto Rico under paragraph (b)(1) determined which would otherwise expire on or cease to during such period obligations subject to such by the amount that the territory or Puerto Rico apply after September 30, 2009, or the date speci- limitation shall not exceed 1⁄4 of the limitation received or was authorized to receive for fiscal fied in section 106(3) of the Continuing Appro- on obligations included in an Act making appro- year 2009 to carry out section 1934 of SAFETEA– priations Resolution, 2010 (Public Law 111–68), priations for fiscal year 2011. LU (119 Stat. 1485), shall be— are incorporated by reference and shall con- (B) EXCEPTIONS.—A limitation on obligations (i) for a territory, made available and admin- tinue in effect until December 31, 2010. described in clause (i) or (ii) of subparagraph istered in the same manner as funding is made (b) AUTHORIZATION OF APPROPRIATIONS.—Ex- (A) shall not apply to any obligation under— available and administered under section 215 of cept as provided in section 412, there are au- (i) section 125 of title 23, United States Code; title 23, United States Code; and thorized to be appropriated out of the Highway or (ii) for Puerto Rico, made available and ad- Trust Fund (other than the Mass Transit Ac- (ii) section 105 of title 23, United States Code— ministered in the same manner as funding is count)— (I) for fiscal year 2010, only in an amount made available and administered under section (1) for fiscal year 2010, a sum equal to the equal to $639,000,000; and 165 of title 23, United States Code. total amount authorized to be appropriated out (II) for the period beginning on October 1, (B) FISCAL YEAR 2011.—Notwithstanding any of the Highway Trust Fund for programs, 2010, and ending on December 31, 2010, only in other provision of law, for the period beginning projects, and activities for fiscal year 2009 under an amount equal to $159,750,000. on October 1, 2010, and ending on December 31, titles I, V, and VI of the SAFETEA–LU (119 (5) CALCULATIONS FOR DISTRIBUTION OF OBLI- 2010, the portion of the share of funds of a terri- Stat. 1144), and title 23, United States Code (ex- GATION LIMITATION.—Upon enactment of an Act tory or Puerto Rico under paragraph (b)(2) de- cluding chapter 4 of that title); and making appropriations for the Department of termined by 1⁄4 of the amount that the territory (2) for the period beginning on October 1, Transportation for fiscal year 2011 (other than or Puerto Rico received or was authorized to re- 2010, and ending on December 31, 2010, a sum an Act or resolution making continuing appro- ceive for fiscal year 2009 to carry out section equal to 1⁄4 of the total amount authorized to be priations), the Secretary shall— 1934 of SAFETEA–LU (119 Stat. 1485), shall be— appropriated out of the Highway Trust Fund (A) as necessary for purposes of making the (i) for a territory, made available and admin- for programs, projects, and activities for fiscal calculations for the distribution of any obliga- istered in the same manner as funding is made

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available and administered under section 215 of (b) CONTRACT AUTHORITY.—Funds authorized (B) in paragraph (4)(C), by striking ‘‘fifth and title 23, United States Code; and to be appropriated by this section shall be— sixth’’ and inserting ‘‘fifth through eighth’’. (ii) for Puerto Rico, made available and ad- (1) available for obligation, and shall be ad- (2) AUTHORIZATION OF APPROPRIATIONS.—Sec- ministered in the same manner as funding is ministered, in the same manner as if such funds tion 2001(a)(3) of the SAFETEA–LU (119 Stat. made available and administered under section were apportioned under chapter 1 of title 23, 1519) is amended— 165 of title 23, United States Code. United States Code; and (A) by striking ‘‘and’’; and (C) TERRITORY DEFINED.—In this paragraph, (2) subject to a limitation on obligations for (B) by striking ‘‘2009.’’ and inserting ‘‘2009, the term ‘‘territory’’ means any of the following Federal-aid highways and highway safety con- $25,000,000 for fiscal year 2010, and $6,250,000 for territories of the United States: American struction programs, except that such funds shall the period beginning on October 1, 2010, and Samoa, the Commonwealth of the Northern remain available until expended. ending on December 31, 2010.’’. Mariana Islands, Guam, or the United States SEC. 413. RESCISSION OF UNOBLIGATED BAL- (d) SAFETY BELT PERFORMANCE GRANTS.—Sec- Virgin Islands. ANCES. tion 2001(a)(4) of the SAFETEA–LU (119 Stat. (4) ADDITIONAL FUNDS.— (a) IN GENERAL.—The Secretary of Transpor- 1519) is amended— (A) IN GENERAL.—No additional funds shall be tation shall restore funds rescinded pursuant to (1) by striking ‘‘and’’; and provided for any project or activity under subsection 10212 of the SAFETEA–LU (Public Law (2) by striking ‘‘2009.’’ and inserting ‘‘2009, section (c), or paragraph (1) or (2) of this sub- 109–59; 119 Stat. 1937) to the States and to the $124,500,000 for fiscal year 2010, and $31,125,000 section, that the Secretary of Transportation de- programs from which the funds were rescinded. for the period beginning on October 1, 2010, and termines was sufficiently funded before or dur- (b) ADMINISTRATION OF FUNDS.—The restored ending on December 31, 2010.’’. (e) STATE TRAFFIC SAFETY INFORMATION SYS- ing fiscal year 2009 to achieve the authorized amounts shall be administered in the same man- TEM IMPROVEMENTS.—Section 2001(a)(5) of the purpose of the project or activity. ner as the funds originally rescinded, except ESERVATION AND REDISTRIBUTION OF SAFETEA–LU (119 Stat. 1519) is amended— (B) R those funds may only be used with an obligation FUNDS.—Funds made available in accordance (1) by striking ‘‘and’’; and limitation provided in an Act making appropria- with paragraph (1) or (2) of subsection (c) or (2) by striking ‘‘2009.’’ and inserting ‘‘2009, tions for Federal-aid highways and highway paragraph (1) or (2) of this subsection for a $34,500,000 for fiscal year 2010, and $8,625,000 for safety construction programs enacted after im- project or activity described in subparagraph the period beginning on October 1, 2010, and plementation of the rescission under section (A) shall be— ending on December 31, 2010.’’. 10212 of the SAFETEA–LU (Public Law 109–59; (i) reserved by the Secretary of Transpor- (f) ALCOHOL-IMPAIRED DRIVING COUNTER- 119 Stat. 1937). tation; and MEASURES INCENTIVE GRANT PROGRAM.— (ii) distributed to each State in accordance (c) FUNDING.— (1) EXTENSION OF PROGRAM.—Section 410 of (1) IN GENERAL.—There is authorized to be ap- with paragraph (1) or (2) of subsection (c), or title 23, United States Code, is amended— propriated from the Highway Trust Fund (other paragraph (1) or (2) of this subsection, as appro- (A) in subsection (a)(3)(C), by striking ‘‘fifth, than the Mass Transit Account) for fiscal year priate, for use in carrying out other highway sixth, seventh, and eighth’’ and inserting ‘‘fifth 2010 to carry out this section an amount equal projects and activities extended by subsection (c) through tenth’’; and to the amount of funds rescinded under section or this subsection, in the proportion that— (B) in subsection (b)(2)(C), by striking ‘‘2008 (I) the total amount of funds made available 10212 of the SAFETEA–LU (Public Law 109–59; and 2009’’ and inserting ‘‘2008, 2009, 2010, and for fiscal year 2009 for projects and activities de- 119 Stat. 1937). 2011’’. scribed in subparagraph (A) in the State; bears (2) AVAILABILITY FOR OBLIGATION.—Funds (2) AUTHORIZATION OF APPROPRIATIONS.—Sec- to authorized to be appropriated by this section tion 2001(a)(6) of the SAFETEA–LU (119 Stat. (II) the total amount of funds made available shall be— 1519) is amended— for fiscal year 2009 for those projects and activi- (A) made available under this section and (A) by striking ‘‘and’’; and ties in all States. available for obligation in the same manner as (B) by striking ‘‘2009.’’ and inserting ‘‘2009, (e) EXTENSION OF AUTHORIZATIONS UNDER if the funds were apportioned under chapter 1 $139,000,000 for fiscal year 2010, and $34,750,000 TITLE V OF SAFETEA–LU.— of title 23, United States Code, except that the for the period beginning on October 1, 2010, and (1) IN GENERAL.—The programs authorized funds shall retain the characteristics of the ending on December 31, 2010.’’. under paragraphs (1) through (5) of section funds originally rescinded; and (g) NATIONAL DRIVER REGISTER.—Section 5101(a) of the SAFETEA–LU (119 Stat. 1779) (B) subject to a limitation on obligations for 2001(a)(7) of the SAFETEA–LU (119 Stat. 1520) shall be continued— Federal-aid highways and highway safety con- is amended— (A) for fiscal year 2010, at the funding levels struction programs included in an Act making (1) by striking ‘‘and’’; and authorized for those programs for fiscal year appropriations for fiscal year 2010 or a portion (2) by striking ‘‘2009.’’ and inserting ‘‘2009, 2009; and of the fiscal year. $4,078,000 for fiscal year 2010, and $1,029,000 for (B) for the period beginning on October 1, (d) LIMITATION.—No funds authorized to be the period beginning on October 1, 2010, and 2010, and ending on December 31, 2010, at 1⁄4 the restored under this section shall be restored ending on December 31, 2010.’’. funding levels authorized for those programs for after the end of fiscal year 2010. (h) HIGH VISIBILITY ENFORCEMENT PRO- fiscal year 2009. SEC. 414. RECONCILIATION OF FUNDS. GRAM.— (2) DISTRIBUTION OF FUNDS.—Funds for pro- The Secretary shall reduce the amount appor- (1) EXTENSION OF PROGRAM.—Section 2009(a) grams continued under paragraph (1) shall be tioned or allocated for a program, project, or ac- of the SAFETEA–LU (23 U.S.C. 402 note) is distributed to major program areas under those tivity under this title by amounts apportioned or amended by striking ‘‘2009’’ and inserting programs in the same proportions as funds were allocated pursuant to the Continuing Appro- ‘‘2011’’. allocated for those program areas for fiscal year priations Resolution, 2010 (Public Law 111–68). (2) AUTHORIZATION OF APPROPRIATIONS.—Sec- 2009, except that designations for specific activi- tion 2001(a)(8) of the SAFETEA–LU (119 Stat. Subtitle B—National Highway Traffic Safety ties shall not be required to be continued for— 1520) is amended— (A) fiscal year 2010; or Administration, Federal Motor Carrier (A) by striking ‘‘and’’; and (B) the period beginning on October 1, 2010, Safety Administration, and Additional Pro- (B) by striking ‘‘2009.’’ and inserting ‘‘2009, and ending on December 31, 2010. grams $29,000,000 for fiscal year 2010, and $7,250,000 for (3) ADDITIONAL FUNDS.— SEC. 421. EXTENSION OF NATIONAL HIGHWAY the period beginning on October 1, 2010, and (A) IN GENERAL.—No additional funds shall be TRAFFIC SAFETY ADMINISTRATION ending on December 31, 2010.’’. provided for any project or activity under this HIGHWAY SAFETY PROGRAMS. (i) MOTORCYCLIST SAFETY.— subsection that the Secretary of Transportation (a) CHAPTER 4 HIGHWAY SAFETY PROGRAMS.— (1) EXTENSION OF PROGRAM.—Section determines was sufficiently funded before or Section 2001(a)(1) of the SAFETEA–LU (119 2010(d)(1)(B) of the SAFETEA–LU (23 U.S.C. 402 during fiscal year 2009 to achieve the authorized Stat. 1519) is amended— note) is amended by striking ‘‘and fourth’’ and purpose of the project or activity. (1) by striking ‘‘and’’; and inserting ‘‘fourth, fifth, and sixth’’. (B) DISTRIBUTION.—Funds that would have (2) by striking ‘‘2009.’’ and inserting ‘‘2009, (2) AUTHORIZATION OF APPROPRIATIONS.—Sec- been made available under paragraph (1) for a $235,000,000 for fiscal year 2010, and $58,750,000 tion 2001(a)(9) of the SAFETEA–LU (119 Stat. project or activity but for the prohibition under for the period beginning on October 1, 2010, and 1520) is amended— subparagraph (A) shall be distributed in accord- ending on December 31, 2010.’’. (A) by striking ‘‘and’’; and ance with paragraph (2). (b) HIGHWAY SAFETY RESEARCH AND DEVELOP- (B) by striking ‘‘2009.’’ and inserting ‘‘2009, SEC. 412. ADMINISTRATIVE EXPENSES. MENT.—Section 2001(a)(2) of the SAFETEA–LU $7,000,000 for fiscal year 2010, and $1,750,000 for (a) AUTHORIZATION OF CONTRACT AUTHOR- (119 Stat. 1519) is amended— the period beginning on October 1, 2010, and ITY.—Notwithstanding any other provision of (1) by striking ‘‘and’’; and ending on December 31, 2010.’’. this Act or any other law, there are authorized (2) by striking ‘‘2009.’’ and inserting ‘‘2009, (j) CHILD SAFETY AND CHILD BOOSTER SEAT to be appropriated from the Highway Trust $107,329,000 for fiscal year 2010, and $27,061,000 SAFETY INCENTIVE GRANTS.— Fund (other than the Mass Transit Account), for the period beginning on October 1, 2010, and (1) EXTENSION OF PROGRAM.—Section from amounts provided under section 411, for ending on December 31, 2010.’’. 2011(c)(2) of the SAFETEA–LU (23 U.S.C. 405 administrative expenses of the Federal-aid high- (c) OCCUPANT PROTECTION INCENTIVE note) is amended by striking ‘‘fourth fiscal way program— GRANTS.— year’’ and inserting ‘‘fourth, fifth, and sixth fis- (1) $422,425,000 for fiscal year 2010; and (1) EXTENSION OF PROGRAM.—Section 405(a) of cal years’’. (2) $105,606,250 for the period beginning on title 23, United States Code, is amended— (2) AUTHORIZATION OF APPROPRIATIONS.—Sec- October 1, 2010, and ending on December 31, (A) in paragraph (3), by striking ‘‘6’’ and in- tion 2001(a)(10) of the SAFETEA–LU (119 Stat. 2010. serting ‘‘8’’; and 1520) is amended—

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(f) COMMERCIAL DRIVER’S LICENSE INFORMA- Section 5309(m) of title 49, United States Code, (k) ADMINISTRATIVE EXPENSES.—Section TION SYSTEM MODERNIZATION.—Section 4123(d) is amended— 2001(a)(11) of the SAFETEA–LU (119 Stat. 1520) of the SAFETEA–LU (119 Stat. 1736) is amend- (1) in paragraph (2)— is amended— ed— (A) in the heading, by striking ‘‘2009’’ and in- (1) by striking ‘‘and’’ the last place it appears; (1) in paragraph (3), by striking ‘‘and’’ at the serting ‘‘2010 AND OCTOBER 1, 2010, THROUGH DE- and end; CEMBER 31, 2010’’; (2) by striking ‘‘2009.’’ and inserting ‘‘2009, (2) in paragraph (4), by striking the period at (B) in the matter preceding subparagraph (A), $25,047,000 for fiscal year 2010, and $6,332,000 for the end and inserting a semicolon; and by striking ‘‘2009’’ and inserting ‘‘2010, and dur- the period beginning on October 1, 2010, and (3) by adding at the end the following: ing the period beginning October 1, 2010, and ‘‘(5) $8,000,000 for fiscal year 2010; and ending on December 31, 2010.’’. ending December 31, 2010,’’; and ‘‘(6) $2,016,000 for the period beginning on Oc- (l) APPLICABILITY OF TITLE 23.—Section (C) in subparagraph (A)(i), by striking ‘‘2009’’ tober 1, 2010, and ending on December 31, 2001(c) of the SAFETEA–LU (119 Stat. 1520) is and inserting ‘‘2010, and $50,000,000 for the pe- amended by striking ‘‘2009’’ and inserting 2010.’’. (g) OUTREACH AND EDUCATION.—Section riod beginning October 1, 2010, and ending De- ‘‘2011’’. cember 31, 2010,’’; (m) DRUG-IMPAIRED DRIVING ENFORCEMENT.— 4127(e) of the SAFETEA–LU (119 Stat. 1741) is amended by striking ‘‘and 2009’’ and inserting (2) in paragraph (6)— Section 2013(f) of the SAFETEA–LU (23 U.S.C. (A) in subparagraph (B), by striking ‘‘2009’’ 403 note) is amended by striking ‘‘2009’’ and in- ‘‘2009, and 2010, and $252,000 to the Federal Motor Carrier Safety Administration, and and inserting ‘‘2010, and $3,750,000 shall be serting ‘‘2011’’. available for the period beginning October 1, (n) OLDER DRIVER SAFETY; LAW ENFORCE- $756,000 to the National Highway Traffic Safety Administration, for the period beginning on Oc- 2010, and ending December 31, 2010,’’; and MENT TRAINING.—Section 2017 of the SAFETEA– (B) in subparagraph (C), by striking ‘‘2009’’ LU is amended— tober 1, 2010, and ending on December 31, 2010,’’. and inserting ‘‘2010, and $1,250,000 shall be (1) in subsection (a)(1) (119 Stat. 1541), by available for the period beginning October 1, striking ‘‘2009’’ and inserting ‘‘2011’’; and (h) GRANT PROGRAM FOR COMMERCIAL MOTOR VEHICLE OPERATORS.—Section 4134(c) of the 2010 and ending December 31, 2010,’’; and (2) in subsection (b)(2) (23 U.S.C. 402 note), by (3) in paragraph (7)— striking ‘‘2009’’ and inserting ‘‘2011’’. SAFETEA–LU (119 Stat. 1744) is amended by striking ‘‘2009’’ and inserting ‘‘2009, 2010, and (A) in subparagraph (A)— SEC. 422. EXTENSION OF FEDERAL MOTOR CAR- $252,000 for the period beginning on October 1, (i) by redesignating clauses (i) through (viii) RIER SAFETY ADMINISTRATION PRO- as subclauses (I) through (VIII), respectively; GRAMS. 2010, and ending on December 31, 2010,’’. (i) MOTOR CARRIER SAFETY ADVISORY COM- (ii) in the matter preceding subclause (I), as so (a) MOTOR CARRIER SAFETY GRANTS.—Section redesignated, by striking ‘‘$10,000,000’’ and all 31104(a) of title 49, United States Code, is MITTEE.—Section 4144(d) of the SAFETEA–LU (1119 Stat. 1748) is amended by striking ‘‘Sep- that follows through ‘‘2009’’ and inserting the amended— following: (1) in paragraph (4), by striking ‘‘and’’ at the tember 30, 2010’’ and inserting ‘‘December 31, 2010’’. ‘‘(i) FISCAL YEARS 2006 THROUGH 2010.— end; $10,000,000 shall be available in each of fiscal (2) in paragraph (5), by striking the period at (j) WORKING GROUP FOR DEVELOPMENT OF years 2006 through 2010’’; and the end and inserting ‘‘; and’’; and PRACTICES AND PROCEDURES TO ENHANCE FED- (iii) by inserting after subclause (VIII), as so (3) by adding at the end the following: ERAL-STATE RELATIONS.—Section 4213(d) of the redesignated, the following: ‘‘(6) $209,000,000 for fiscal year 2010; and SAFETEA–LU (49 U.S.C. 14710 note) is amended ‘‘(ii) SPECIAL RULE FOR OCTOBER 1, 2010, ‘‘(7) $52,679,000 for the period beginning on by striking ‘‘September 30, 2009’’ and inserting THROUGH DECEMBER 31, 2010.—$2,500,000 shall be October 1, 2010, and ending on December 31, ‘‘December 31, 2010’’. available in the period beginning October 1, 2010.’’. SEC. 423. ADDITIONAL PROGRAMS. 2010, and ending December 31, 2010, for ferry (b) ADMINISTRATIVE EXPENSES.—Section (a) HAZARDOUS MATERIALS RESEARCH boats or ferry terminal facilities. The Secretary 31104(i)(1) of title 49, United States Code, is PROJECTS.—Section 7131(c) of the SAFETEA–LU shall set aside a portion of such amount in ac- amended— (119 Stat. 1910) is amended by striking ‘‘through (1) in subparagraph (D), by striking ‘‘and’’; 2009’’ and inserting ‘‘through 2010, and $315,000 cordance with clause (i), except that the Sec- (2) in subparagraph (E), by striking the period for the period beginning on October 1, 2010, and retary shall set aside 25 percent of each dollar at the end and inserting ‘‘; and’’; and ending on December 31, 2010,’’. amount specified in subclauses (I) through (3) by adding at the end the following: (b) DINGELL-JOHNSON SPORT FISH RESTORA- (VIII).’’;’’. ‘‘(F) ‘‘(F) $239,828,000 for fiscal year 2010; and TION ACT.—Section 4 of the Dingell-Johnson (B) in subparagraph (B), by inserting after ‘‘(G) ‘‘(G) $61,036,000 for the period beginning Sport Fish Restoration Act (16 U.S.C. 777c) is ‘‘2009.’’ the following: on October 1, 2010, and ending on December 31, amended— ‘‘(v) $13,500,000 for fiscal year 2010. 2010.’’. (1) in subsection (a), in the matter preceding ‘‘(vi) $3,375,000 for the period beginning Octo- (c) GRANT PROGRAMS.—Section 4101(c) of the paragraph (1), by striking ‘‘2009,’’ and inserting ber 1, 2010, and ending December 31, 2010.’’; SAFETEA–LU (119 Stat. 1715) is amended— ‘‘2010 and for the period beginning on October 1, (C) in subparagraph (C), by inserting ‘‘, and (1) in paragraph (1), by striking ‘‘2009.’’ and 2010, and ending on December 31, 2010,’’; and during the period beginning October 1, 2010, and inserting ‘‘2009, and $25,000,000 for fiscal year (2) in subsection (b)(1)(A), by striking ‘‘2010,’’ ending December 31, 2010,’’ after ‘‘fiscal year’’; 2010, and $6,301,000 for the period beginning on and inserting ‘‘and for the period beginning on (D) in subparagraph (D), by inserting ‘‘, and October 1, 2010, and ending on December 31, October 1, 2010, and ending on December 31, not less than $8,750,000 shall be available for the 2010.’’; 2010,’’. period beginning October 1, 2010, and ending (2) in paragraph (2), by striking ‘‘2009.’’ and Subtitle C—Public Transportation Programs December 31, 2010,’’ after ‘‘year’’; and inserting ‘‘2009, $32,000,000 for fiscal year 2010, (E) in subparagraph (E), by inserting ‘‘, and SEC. 431. ALLOCATION OF FUNDS FOR PLANNING $750,000 shall be available for the period begin- and $8,066,000 for the period beginning on Octo- PROGRAMS. ber 1, 2010, and ending on December 31, 2010.’’; Section 5305(g) of title 49, United States Code, ning October 1, 2010, and ending December 31, (3) in paragraph (3), by striking ‘‘2009.’’ and is amended by striking ‘‘2009’’ and inserting 2010,’’ after ‘‘year’’. inserting ‘‘2009, $5,000,000 for fiscal year 2010, ‘‘2010, and for the period beginning October 1, SEC. 434. APPORTIONMENT OF FORMULA GRANTS and $1,260,000 for the period beginning on Octo- 2010, and ending December 31, 2010,’’. FOR OTHER THAN URBANIZED ber 1, 2010, and ending on December 31, 2010.’’; AREAS. SEC. 432. SPECIAL RULE FOR URBANIZED AREA Section 5311(c)(1) of title 49, United States (4) in paragraph (4), by striking ‘‘2009.’’ and FORMULA GRANTS. inserting ‘‘2009, $25,000,000 for fiscal year 2010, Section 5307(b)(2) of title 49, United States Code, is amended by adding at the end the fol- and $6,301,000 for the period beginning on Octo- Code, is amended— lowing: ber 1, 2010, and ending on December 31, 2010.’’; (1) in the paragraph heading, by striking ‘‘(E) $15,000,000 for fiscal year 2010. and ‘‘2009’’ and inserting ‘‘2010, AND THE PERIOD BE- ‘‘(F) $3,750,000 for the period beginning Octo- (5) in paragraph (5), by striking ‘‘2009.’’ and GINNING OCTOBER 1, 2010, AND ENDING DECEMBER ber 1, 2010, and ending December 31, 2010.’’. inserting ‘‘2009, $3,000,000 for fiscal year 2010, 31, 2010’’; SEC. 435. APPORTIONMENT BASED ON FIXED and $756,000 for the period beginning on October (2) in subparagraph (A), by striking ‘‘2009,’’ GUIDEWAY FACTORS. 1, 2010, and ending on December 31, 2010.’’. and inserting ‘‘2010, and the period beginning Section 5337 of title 49, United States Code, is (d) HIGH-PRIORITY ACTIVITIES.—Section October 1, 2010, and ending December 31, 2010,’’; amended— 31104(k) of title 49, United States Code, is and (1) in subsection (a), in the matter preceding amended by striking ‘‘2009’’ in paragraph (2) (3) in subparagraph (E)— paragraph (1), by striking ‘‘2009’’ and inserting and inserting ‘‘2009, $15,000,000 for fiscal year (A) in the subparagraph heading, by striking ‘‘2010’’; and 2010, and $3,781,000 for the period beginning on ‘‘AND 2009’’ and inserting ‘‘THROUGH 2010 AND (2) by adding at the end the following: October 1, 2010, and ending on December 31, DURING THE PERIOD BEGINNING OCTOBER 1, 2010, ‘‘(g) SPECIAL RULE FOR OCTOBER 1, 2010, 2010’’. AND ENDING DECEMBER 31, 2010’’; and THROUGH DECEMBER 31, 2010.—The Secretary (e) NEW ENTRANT AUDITS.—Section (B) in the matter preceding clause (i), by shall apportion amounts made available for 31144(g)(5)(B) of title 49, United States Code, is striking ‘‘and 2009’’ and inserting ‘‘through fixed guideway modernization under section

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5309 for the period beginning October 1, 2010, ‘‘$8,800,000 for each of fiscal years 2009 and (b) PUBLIC-PRIVATE PARTNERSHIP PILOT PRO- and ending December 31, 2010, in accordance 2010, and $2,200,000 for the period beginning Oc- GRAM.—Section 3011 of the SAFETEA–LU (49 with subsection (a), except that the Secretary tober 1, 2010 and ending December 31, 2010,’’. U.S.C. 5309 note) is amended— shall apportion 25 percent of each dollar (b) CAPITAL INVESTMENT GRANTS.—Section (1) in subsection (c)(5), by striking ‘‘2009’’ and amount specified in subsection (a).’’. 5338(c) of title 49, United States Code, is amend- inserting ‘‘2010 and the period beginning Octo- SEC. 436. AUTHORIZATIONS FOR PUBLIC TRANS- ed— ber 1, 2010, and ending December 31, 2010’’; and PORTATION. (1) in paragraph (3), by striking ‘‘and’’ at the (2) in subsection (d), by striking ‘‘2009’’ and (a) FORMULA AND BUS GRANTS.—Section end; inserting ‘‘2010, and for the period beginning 5338(b) of title 49, United States Code, is amend- (2) in paragraph (4), by striking the period at October 1, 2010, and ending December 31, 2010’’. ed— the end and inserting a semicolon; and (c) ELDERLY INDIVIDUALS AND INDIVIDUALS (1) in paragraph (1)— (3) by adding at the end the following: WITH DISABILITIES PILOT PROGRAM.—Section (A) in subparagraph (C), by striking ‘‘and’’ at ‘‘(5) $2,000,000,000 for fiscal year 2010; and 3012(b)(8) of the SAFETEA–LU (49 U.S.C. 5310 the end; ‘‘(6) $500,000,000 for the period of October 1, note) is amended by striking ‘‘September 30, (B) in subparagraph (D), by striking the pe- 2010 through December 31, 2010.’’. 2009’’ and inserting ‘‘December 31, 2010’’. riod at the end and inserting a semicolon; and (c) RESEARCH AND UNIVERSITY RESEARCH CEN- (d) OBLIGATION CEILING.—Section 3040 of the (C) by adding at the end the following: TERS.—Section 5338(d) of title 49, United States SAFETEA–LU (Public Law 109–59; 119 Stat. ‘‘(E) $8,360,565,000 for fiscal year 2010; and 1639) is amended— ‘‘(F) $2,090,141,250 for the period beginning Code, is amended— (1) in paragraph (1), in the matter preceding (1) in paragraph (4), by striking ‘‘and’’ at the October 1, 2010, and ending December 31, 2010.’’; end; and subparagraph (A), by striking ‘‘and $69,750,000 for fiscal year 2009’’ and inserting ‘‘$69,750,000 (2) in paragraph (5), by striking the period at (2) in paragraph (2)— the end and inserting a semicolon; and (A) in subparagraph (A), by striking ‘‘and for each of fiscal years 2009 and 2010, and $17,437,500 for the period beginning October 1, (3) by adding at the end the following: $113,500,000 for fiscal year 2009’’ and inserting ‘‘(6) $10,507,752,000 for fiscal year 2010, of ‘‘$113,500,000 for each of fiscal years 2009 and 2010, and ending December 31, 2010’’; and (2) by adding at the end the following: which not more than $8,360,565,000 shall be from 2010, and $28,375,000 for the period beginning the Mass Transit Account; and ‘‘(3) ADDITIONAL AUTHORIZATIONS.— October 1, 2010, and ending December 31, 2010,’’; ‘‘(7) $2,626,938,000 for the period beginning ‘‘(A) IN GENERAL.— (B) in subparagraph (B), by striking ‘‘and October 1, 2010, and ending December 31, 2010, ‘‘(i) FISCAL YEAR 2010.—Of amounts authorized $4,160,365,000 for fiscal year 2009’’ and inserting of which not more than $2,090,141,250 shall be to be appropriated for fiscal year 2010 under ‘‘$4,160,365,000 for each of fiscal years 2009 and from the Mass Transit Account.’’. paragraph (1), the Secretary shall allocate for 2010, and $1,040,091,250 for the period beginning (e) PROJECT AUTHORIZATIONS FOR NEW FIXED each of the activities and projects described in October 1, 2010, and ending December 31, 2010,’’; GUIDEWAY CAPITAL PROJECTS.—Section 3043 of subparagraphs (A) through (F) of paragraph (1) (C) in subparagraph (C), by striking ‘‘and the SAFETEA–LU (Public Law 109–59; 119 Stat. an amount equal to the amount allocated for $51,500,000 for fiscal year 2009’’ and inserting 1640) is amended— fiscal year 2009 under each such subparagraph. ‘‘$51,500,000 for each of fiscal years 2009 and (1) in subsection (b), in the matter preceding ‘‘(ii) OCTOBER 1, 2010 THROUGH DECEMBER 31, 2010, and $12,875,000 for the period beginning paragraph (1), by striking ‘‘2009’’ and inserting 2010.—Of amounts authorized to be appropriated October 1, 2010, and ending December 31, 2010,’’; ‘‘2010, and for the period beginning October 1, (D) in subparagraph (D), by striking ‘‘and for the period beginning October 1, 2010, 2010, and ending December 31, 2010,’’; and $1,666,500,000 for fiscal year 2009’’ and inserting through December 31, 2010, under paragraph (1), (2) in subsection (c), in the matter preceding ‘‘$1,666,500,000 for each of fiscal years 2009 and the Secretary shall allocate for each of the ac- paragraph (1), by striking ‘‘2009’’ and inserting 2010, and $416,625,000 for the period beginning tivities and projects described in subparagraphs ‘‘2010, and for the period beginning October 1, October 1, 2010 and ending December 31, 2010,’’; (A) through (F) of paragraph (1) an amount 2010, and ending December 31, 2010,’’. (E) in subparagraph (E), by striking ‘‘and equal to 25 percent of the amount allocated for (f) ALLOCATIONS FOR NATIONAL RESEARCH AND $984,000,000 for fiscal year 2009’’ and inserting fiscal year 2009 under each such subparagraph. TECHNOLOGY PROGRAMS.—Section 3046 of the ‘‘$984,000,000 for each of fiscal years 2009 and ‘‘(B) UNIVERSITY CENTERS PROGRAM.— SAFETEA–LU (49 U.S.C. 5338 note) is amend- 2010, and $246,000,000 for the period beginning ‘‘(i) FISCAL YEAR 2010.—Of the amounts allo- ed— October 1, 2010 and ending December 31, 2010,’’; cated under subparagraph (A)(i) for the univer- (1) in subsection (b), by inserting ‘‘or period’’ (F) in subparagraph (F), by striking ‘‘and sity centers program under section 5506 for fiscal after ‘‘fiscal year’’; and $133,500,000 for fiscal year 2009’’ and inserting year 2010, the Secretary shall allocate for each (2) by adding at the end the following: ‘‘$133,500,000 for each of fiscal years 2009 and program described in clauses (i) through (iii) ‘‘(c) ADDITIONAL APPROPRIATIONS.—The Sec- 2010, and $33,375,000 for the period beginning and (v) through (viii) of paragraph (2)(A) an retary shall allocate amounts appropriated pur- October 1, 2010 and ending December 31, 2010,’’; amount equal to the amount allocated for fiscal suant to section 5338(d) of title 49, United States (G) in subparagraph (G), by striking ‘‘and year 2009 under each such clause. Code, for national research and technology pro- $465,000,000 for fiscal year 2009’’ and inserting ‘‘(ii) OCTOBER 1, 2010 THROUGH DECEMBER 31, grams under sections 5312, 5314, and 5322 of ‘‘$465,000,000 for each of fiscal years 2009 and 2010.—Of the amounts allocated under subpara- such title— 2010, and $116,250,000 for the period beginning graph (A)(i) for the university centers program ‘‘(1) for fiscal year 2010, in amounts equal to October 1, 2010 and ending December 31, 2010,’’; under section 5506 for the period beginning Oc- the amounts allocated for fiscal year 2009 under (H) in subparagraph (H), by striking ‘‘and tober 1, 2010, and ending December 31, 2010, the each of paragraphs (2), (3), (5), (6), and (8) $164,500,000 for fiscal year 2009’’ and inserting Secretary shall allocate for each program de- through (25) of subsection (a); and ‘‘$164,500,000 for each of fiscal years 2009 and scribed in clauses (i) through (iii) and (v) ‘‘(2) for the period beginning October 1, 2010, 2010, and $41,125,000 for the period beginning through (viii) of paragraph (2)(A) an amount and ending December 31, 2010, in amounts equal October 1, 2010 and ending December 31, 2010,’’; equal to 25 percent of the amount allocated for to 25 percent of the amounts allocated for fiscal (I) in subparagraph (I), by striking ‘‘and fiscal year 2009 under each such clause. year 2009 under each of paragraphs (2), (3), (5), $92,500,000 for fiscal year 2009’’ and inserting ‘‘(iii) FUNDING.—If the Secretary determines (6), and (8) through (25) of subsection (a). ‘‘$92,500,000 for each of fiscal years 2009 and that a project or activity described in paragraph ‘‘(d) FUNDING.—If the Secretary determines 2010, and $23,125,000 for the period beginning (2) received sufficient funds in fiscal year 2009, that a project or activity described in subsection October 1, 2010 and ending December 31, 2010,’’; or a previous fiscal year, to carry out the pur- (a) received sufficient funds in fiscal year 2009, (J) in subparagraph (J), by striking ‘‘and pose for which the project or activity was au- or a previous fiscal year, to carry out the pur- $26,900,000 for fiscal year 2009’’ and inserting thorized, the Secretary may not allocate any pose for which the project or activity was au- ‘‘$26,900,000 for each of fiscal years 2009 and amounts under clause (i) or (ii) for the project thorized, the Secretary may not allocate any 2010, and $6,725,000 for the period beginning Oc- or activity for fiscal year 2010, or any subse- amounts under subsection (c) for the project or tober 1, 2010 and ending December 31, 2010,’’; quent fiscal year.’’. (K) in subparagraph (K), by striking ‘‘and activity for fiscal year 2010, or any subsequent (d) ADMINISTRATION.—Section 5338(e) of title $3,500,000 for fiscal year 2009’’ and inserting fiscal year.’’. 49, United States Code, is amended— ‘‘$3,500,000 for each of fiscal years 2009 and Subtitle D—Revenue Provisions (1) in paragraph (3), by striking ‘‘and’’ at the 2010, and $875,000 for the period beginning Octo- end; SEC. 441. REPEAL OF PROVISION PROHIBITING ber 1, 2010 and ending December 31, 2010,’’; THE CREDITING OF INTEREST TO (L) in subparagraph (L), by striking ‘‘and (2) in paragraph (4), by striking the period at THE HIGHWAY TRUST FUND. the end and inserting a semicolon; and $25,000,000 for fiscal year 2009’’ and inserting (a) IN GENERAL.—Paragraph (1) of section ‘‘$25,000,000 for each of fiscal years 2009 and (3) by adding at the end the following: 9503(f) is amended by striking subparagraph 2010, and $6,250,000 for the period beginning Oc- ‘‘(5) $98,911,000 for fiscal year 2010; and (B). tober 1, 2010 and ending December 31, 2010,’’; ‘‘(6) $24,727,750 for the period beginning Octo- (b) CONFORMING AMENDMENTS.—Such para- (M) in subparagraph (M), by striking ‘‘and ber 1, 2010, and ending December 31, 2010.’’. graph, as amended by paragraph (1), is further $465,000,000 for fiscal year 2009’’ and inserting SEC. 437. AMENDMENTS TO SAFETEA–LU. amended— ‘‘$465,000,000 for each of fiscal years 2009 and (a) CONTRACTED PARATRANSIT PILOT.—Section (1) by striking ‘‘, and’’ at the end of subpara- 2010, and $116,250,000 for the period beginning 3009(i)(1) of the SAFETEA–LU (Public Law 109– graph (A) and inserting a period; and October 1, 2010 and ending December 31, 2010,’’; 59; 119 Stat. 1572) is amended by striking ‘‘2009’’ (2) by striking ‘‘1998’’ in the matter preceding and and inserting ‘‘2010, and for the period begin- subparagraph (A) and all that follows through (N) in subparagraph (N), by striking ‘‘and ning October 1, 2010, and ending December 31, ‘‘the opening balance’’ and inserting ‘‘1998, the $8,800,000 for fiscal year 2009’’ and inserting 2010’’. opening balance’’.

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(c) EFFECTIVE DATE.—The amendments made (2) MASS TRANSIT ACCOUNT.—Paragraph (3) of ‘‘CHAPTER 4—TAXES TO ENFORCE RE- by this section shall take effect on the date of section 9503(e) is amended— PORTING ON CERTAIN FOREIGN AC- the enactment of this title. (A) by striking ‘‘October 1, 2009’’ and insert- COUNTS SEC. 442. RESTORATION OF CERTAIN FOREGONE ing ‘‘January 1, 2011’’; and ‘‘Sec. 1471. Withholdable payments to foreign INTEREST TO HIGHWAY TRUST (B) by striking ‘‘in accordance with’’ and all financial institutions. FUND. that follows and inserting ‘‘in accordance with ‘‘Sec. 1472. Withholdable payments to other for- (a) IN GENERAL.—Paragraph (2) of section the Surface Transportation Extension Act of eign entities. 9503(f) is amended to read as follows: 2010 or any other provision of law which was re- ‘‘Sec. 1473. Definitions. ‘‘(2) RESTORATION OF FOREGONE INTEREST.— ferred to in this paragraph before the date of ‘‘Sec. 1474. Special rules. Out of money in the Treasury not otherwise ap- the enactment of such Act (as such Act and pro- ‘‘SEC. 1471. WITHHOLDABLE PAYMENTS TO FOR- propriated, there is hereby appropriated— visions of law are in effect on the date of the en- EIGN FINANCIAL INSTITUTIONS. ‘‘(A) $14,700,000,000 to the Highway Account actment of such Act).’’. ‘‘(a) IN GENERAL.—In the case of any (as defined in subsection (e)(5)(B)) in the High- (3) EXCEPTION TO LIMITATION ON TRANSFERS.— withholdable payment to a foreign financial in- way Trust Fund; and Subparagraph (B) of section 9503(b)(6) is amend- ‘‘(B) $4,800,000,000 to the Mass Transit Ac- stitution which does not meet the requirements ed by striking ‘‘September 30, 2009 (October 1, count in the Highway Trust Fund.’’. of subsection (b), the withholding agent with re- 2009’’ and inserting ‘‘December 31, 2010 (Janu- (b) CONFORMING AMENDMENT.—Paragraph (1) spect to such payment shall deduct and with- of section 9503(e) is amended by striking ‘‘this ary 1, 2011’’. hold from such payment a tax equal to 30 per- subsection’’ and inserting ‘‘this section’’. (b) SPORT FISH RESTORATION AND BOATING cent of the amount of such payment. (c) EFFECTIVE DATE.—The amendments made TRUST FUND.— ‘‘(b) REPORTING REQUIREMENTS, ETC.— by this section shall take effect on the date of (1) IN GENERAL.—Paragraph (2) of section ‘‘(1) IN GENERAL.—The requirements of this the enactment of this Act. 9504(b) is amended— subsection are met with respect to any foreign SEC. 443. TREATMENT OF CERTAIN AMOUNTS AP- (A) by striking ‘‘(as in effect’’ in subpara- financial institution if an agreement is in effect PROPRIATED TO HIGHWAY TRUST graph (A) and all that follows in such subpara- between such institution and the Secretary FUND. graph and inserting ‘‘(as in effect on the date of under which such institution agrees— (a) IN GENERAL.—Section 9503(f), as amended the enactment of the Surface Transportation ‘‘(A) to obtain such information regarding by this Act, is amended by adding at the end the Extension Act of 2010),’’, each holder of each account maintained by such following new paragraph: (B) by striking ‘‘(as in effect’’ in subpara- institution as is necessary to determine which (if ‘‘(4) TREATMENT OF APPROPRIATED graph (B) and all that follows in such subpara- any) of such accounts are United States ac- AMOUNTS.—Any amount appropriated under graph and inserting ‘‘(as in effect on the date of counts, this subsection to the Highway Trust Fund shall the enactment of the Surface Transportation ‘‘(B) to comply with such verification and due remain available without fiscal year limita- Extension Act of 2010), and’’, and diligence procedures as the Secretary may re- tion.’’. (C) by striking ‘‘(as in effect’’ in subpara- quire with respect to the identification of United (b) EFFECTIVE DATE.—The amendment made graph (C) and all that follows in such subpara- States accounts, by this section shall take effect on the date of graph and inserting ‘‘(as in effect on the date of ‘‘(C) in the case of any United States account the enactment of this Act. the enactment of the Surface Transportation maintained by such institution, to report on an SEC. 444. TERMINATION OF TRANSFERS FROM Extension Act of 2010).’’. annual basis the information described in sub- HIGHWAY TRUST FUND FOR CER- (2) EXCEPTION TO LIMITATION ON TRANSFERS.— section (c) with respect to such account, TAIN REPAYMENTS AND CREDITS. Paragraph (2) of section 9504(d) is amended by ‘‘(D) to deduct and withhold a tax equal to 30 (a) IN GENERAL.—Section 9503(c) is amended striking ‘‘October 1, 2009’’ and inserting ‘‘Janu- percent of— by striking paragraph (2) and by redesignating ary 1, 2011’’. ‘‘(i) any passthru payment which is made by paragraphs (3), (4), (5), and (6) as paragraphs (c) EFFECTIVE DATE.—The amendments made such institution to a recalcitrant account holder (2), (3), (4), and (5), respectively. by this section shall take effect on September 30, or another foreign financial institution which (b) CONFORMING AMENDMENTS.— 2009. does not meet the requirements of this sub- (1) Section 9502(a) is amended by striking section, and SEC. 446. LEVEL OF OBLIGATION LIMITATIONS. ‘‘section 9503(c)(7)’’ and inserting ‘‘section ‘‘(ii) in the case of any passthru payment 9503(c)(5)’’. (a) HIGHWAY CATEGORY.—Section 8003(a) of which is made by such institution to a foreign (2) Section 9503(b)(4)(D) is amended by strik- the SAFETEA–LU (2 U.S.C. 901 note; 119 Stat. financial institution which has in effect an elec- ing ‘‘paragraph (4)(D) or (5)(B)’’ and inserting 1917) is amended— tion under paragraph (3) with respect to such ‘‘paragraph (3)(D) or (4)(B)’’. (1) in paragraph (4), by striking ‘‘and’’ at the payment, so much of such payment as is allo- (3) Paragraph (2) of section 9503(c), as redes- end; cable to accounts held by recalcitrant account ignated by subsection (a), is amended by adding (2) in paragraph (5), by striking the period at holders or foreign financial institutions which at the end the following new sentence: ‘‘The the end and inserting ‘‘; and’’; and do not meet the requirements of this subsection, amounts payable from the Highway Trust Fund (3) by adding at the end the following: ‘‘(E) to comply with requests by the Secretary under the preceding sentence shall be deter- ‘‘(6) for the period beginning on October 1, for additional information with respect to any mined by taking into account only the portion 2009, and ending on September 30, 2010, United States account maintained by such insti- of the taxes which are deposited into the High- $42,469,970,178. tution, and way Trust Fund.’’. ‘‘(7) for the period beginning on October 1, ‘‘(F) in any case in which any foreign law (4) Section 9503(e)(5)(A) is amended by strik- 2010, and ending on December 31, 2010, would (but for a waiver described in clause (i)) ing ‘‘(2), (3), and (4)’’ and inserting ‘‘(2) and $10,617,492,545.’’. prevent the reporting of any information re- (3)’’. (b) MASS TRANSIT CATEGORY.—Section 8003(b) ferred to in this subsection or subsection (c) (5) Section 9504(a) is amended by striking of the SAFETEA–LU (2 U.S.C. 901 note; 119 with respect to any United States account main- ‘‘section 9503(c)(4), section 9503(c)(5)’’ and in- Stat. 1917) is amended— tained by such institution— serting ‘‘section 9503(c)(3), section 9503(c)(4)’’. (1) in paragraph (4), by striking ‘‘and’’ at the ‘‘(i) to attempt to obtain a valid and effective (6) Section 9504(b)(2) is amended by striking end; waiver of such law from each holder of such ac- ‘‘section 9503(c)(5)’’ and inserting ‘‘section (2) in paragraph (5), by striking the period at count, and 9503(c)(4)’’. the end and inserting ‘‘; and’’; and (7) Section 9504(e) is amended by striking ‘‘(ii) if a waiver described in clause (i) is not (3) by adding at the end the following: ‘‘section 9503(c)(4)’’ and inserting section obtained from each such holder within a reason- ‘‘9503(c)(3)’’. ‘‘(6) for the period beginning on October 1, able period of time, to close such account. (c) EFFECTIVE DATE.—The amendment made 2009, and ending on December 31, 2010, Any agreement entered into under this sub- by this section shall apply to transfers relating $10,338,065,000. section may be terminated by the Secretary to amounts paid and credits allowed after the ‘‘(7) for the period beginning on October 1, upon a determination by the Secretary that the date of the enactment of this Act. 2010, and ending on December 31, 2010, foreign financial institution is out of compliance $2,584,516,250.’’. SEC. 445. EXTENSION OF AUTHORITY FOR EX- with such agreement. PENDITURES. (c) TREATMENT OF FUNDS.—No adjustment ‘‘(2) FINANCIAL INSTITUTIONS DEEMED TO MEET (a) HIGHWAYS TRUST FUND.— pursuant to section 110 of title 23, United States REQUIREMENTS IN CERTAIN CASES.—A foreign fi- (1) HIGHWAY ACCOUNT.—Paragraph (1) of sec- Code, shall be made for fiscal year 2010 or fiscal nancial institution may be treated by the Sec- tion 9503(c) is amended— year 2011. retary as meeting the requirements of this sub- (A) by striking ‘‘September 30, 2009 (October 1, TITLE V—OFFSET PROVISIONS section if— ‘‘(A) such institution— 2009’’ and inserting ‘‘December 31, 2010 (Janu- Subtitle A—Foreign Account Tax Compliance ary 1, 2011’’; and ‘‘(i) complies with such procedures as the Sec- (B) by striking ‘‘under’’ and all that follows PART I—INCREASED DISCLOSURE OF retary may prescribe to ensure that such institu- and inserting ‘‘under the Surface Transpor- BENEFICIAL OWNERS tion does not maintain United States accounts, tation Extension Act of 2010 or any other provi- SEC. 501. REPORTING ON CERTAIN FOREIGN AC- and sion of law which was referred to in this para- COUNTS. ‘‘(ii) meets such other requirements as the Sec- graph before the date of the enactment of such (a) IN GENERAL.—The Internal Revenue Code retary may prescribe with respect to accounts of Act (as such Act and provisions of law are in ef- of 1986 is amended by inserting after chapter 3 other foreign financial institutions maintained fect on the date of the enactment of such Act).’’. the following new chapter: by such institution, or

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DEFINITIONS.—For purposes of this sec- for the information referred to in subsection ACCOUNT HOLDERS AND NONPARTICIPATING FOR- tion— (b)(1)(A) or (c)(1)(A), or EIGN FINANCIAL INSTITUTIONS.—In the case of a ‘‘(1) UNITED STATES ACCOUNT.— ‘‘(B) fails to provide a waiver described in foreign financial institution which meets the re- ‘‘(A) IN GENERAL.—The term ‘United States subsection (b)(1)(F) upon request. quirements of this subsection and such other re- account’ means any financial account which is ‘‘(7) PASSTHRU PAYMENT.—The term ‘passthru quirements as the Secretary may provide and held by one or more specified United States per- payment’ means any withholdable payment or which elects the application of this paragraph— sons or United States owned foreign entities. other payment to the extent attributable to a ‘‘(A) the requirements of paragraph (1)(D) ‘‘(B) EXCEPTION FOR CERTAIN ACCOUNTS HELD withholdable payment. shall not apply, BY INDIVIDUALS.—Unless the foreign financial ‘‘(e) AFFILIATED GROUPS.— ‘‘(B) the withholding tax imposed under sub- institution elects to not have this subparagraph ‘‘(1) IN GENERAL.—The requirements of subsection (a) shall apply with respect to any apply, such term shall not include any deposi- sections (b) and (c)(1) shall apply— withholdable payment to such institution to the tory account maintained by such financial insti- ‘‘(A) with respect to United States accounts extent such payment is allocable to accounts tution if— maintained by the foreign financial institution, held by recalcitrant account holders or foreign ‘‘(i) each holder of such account is a natural and financial institutions which do not meet the re- person, and ‘‘(B) except as otherwise provided by the Sec- quirements of this subsection, and ‘‘(ii) with respect to each holder of such ac- retary, with respect to United States accounts ‘‘(C) the agreement described in paragraph (1) count, the aggregate value of all depository ac- maintained by each other foreign financial in- shall— counts held (in whole or in part) by such holder stitution (other than any foreign financial insti- ‘‘(i) require such institution to notify the and maintained by the same financial institu- tution which meets the requirements of sub- withholding agent with respect to each such tion which maintains such account does not ex- section (b)) which is a member of the same ex- payment of the institution’s election under this ceed $50,000. panded affiliated group as such foreign finan- paragraph and such other information as may To the extent provided by the Secretary, financial institution. be necessary for the withholding agent to deter- cial institutions which are members of the same ‘‘(2) EXPANDED AFFILIATED GROUP.—For pur- mine the appropriate amount to deduct and expanded affiliated group shall be treated for poses of this section, the term ‘expanded affili- withhold from such payment, and purposes of clause (ii) as a single financial insti- ated group’ means an affiliated group as de- ‘‘(ii) include a waiver of any right under any tution. fined in section 1504(a), determined— treaty of the United States with respect to any ‘‘(C) ELIMINATION OF DUPLICATIVE REPORTING ‘‘(A) by substituting ‘more than 50 percent’ for amount deducted and withheld pursuant to an REQUIREMENTS.—Such term shall not include ‘at least 80 percent’ each place it appears, and election under this paragraph. any financial account in a foreign financial in- ‘‘(B) without regard to paragraphs (2) and (3) To the extent provided by the Secretary, the stitution if— of section 1504(b). election under this paragraph may be made with ‘‘(i) such account is held by another financial A partnership or any other entity (other than a respect to certain classes or types of accounts of institution which meets the requirements of sub- corporation) shall be treated as a member of an the foreign financial institution. section (b), or expanded affiliated group if such entity is con- ‘‘(c) INFORMATION REQUIRED TO BE REPORTED ‘‘(ii) the holder of such account is otherwise trolled (within the meaning of section 954(d)(3)) ON UNITED STATES ACCOUNTS.— subject to information reporting requirements by members of such group (including any entity ‘‘(1) IN GENERAL.—The agreement described in which the Secretary determines would make the treated as a member of such group by reason of subsection (b) shall require the foreign financial reporting required by this section with respect to this sentence). institution to report the following with respect United States accounts duplicative. ‘‘(f) EXCEPTION FOR CERTAIN PAYMENTS.— to each United States account maintained by ‘‘(2) FINANCIAL ACCOUNT.—Except as other- Subsection (a) shall not apply to any payment such institution: wise provided by the Secretary, the term ‘finan- to the extent that the beneficial owner of such ‘‘(A) The name, address, and TIN of each ac- cial account’ means, with respect to any finan- payment is— count holder which is a specified United States cial institution— ‘‘(1) any foreign government, any political person and, in the case of any account holder ‘‘(A) any depository account maintained by subdivision of a foreign government, or any which is a United States owned foreign entity, such financial institution, wholly owned agency or instrumentality of any the name, address, and TIN of each substantial ‘‘(B) any custodial account maintained by one or more of the foregoing, United States owner of such entity. such financial institution, and ‘‘(2) any international organization or any ‘‘(B) The account number. ‘‘(C) any equity or debt interest in such finan- wholly owned agency or instrumentality there- ‘‘(C) The account balance or value (deter- cial institution (other than interests which are of, mined at such time and in such manner as the regularly traded on an established securities ‘‘(3) any foreign central bank of issue, or Secretary may provide). market). ‘‘(4) any other class of persons identified by ‘‘(D) Except to the extent provided by the Sec- Any equity or debt interest which constitutes a the Secretary for purposes of this subsection as retary, the gross receipts and gross withdrawals financial account under subparagraph (C) with posing a low risk of tax evasion. or payments from the account (determined for respect to any financial institution shall be ‘‘SEC. 1472. WITHHOLDABLE PAYMENTS TO such period and in such manner as the Sec- treated for purposes of this section as main- OTHER FOREIGN ENTITIES. retary may provide). tained by such financial institution. ‘‘(a) IN GENERAL.—In the case of any ‘‘(2) ELECTION TO BE SUBJECT TO SAME RE- ‘‘(3) UNITED STATES OWNED FOREIGN ENTITY.— withholdable payment to a non-financial for- PORTING AS UNITED STATES FINANCIAL INSTITU- The term ‘United States owned foreign entity’ eign entity, if— TIONS.—In the case of a foreign financial insti- means any foreign entity which has one or more ‘‘(1) the beneficial owner of such payment is tution which elects the application of this para- substantial United States owners. such entity or any other non-financial foreign graph— ‘‘(4) FOREIGN FINANCIAL INSTITUTION.—The entity, and ‘‘(A) subparagraphs (C) and (D) of paragraph term ‘foreign financial institution’ means any ‘‘(2) the requirements of subsection (b) are not (1) shall not apply, and financial institution which is a foreign entity. met with respect to such beneficial owner, ‘‘(B) the agreement described in subsection (b) Except as otherwise provided by the Secretary, then the withholding agent with respect to such shall require such foreign financial institution such term shall not include a financial institu- payment shall deduct and withhold from such to report such information with respect to each tion which is organized under the laws of any payment a tax equal to 30 percent of the amount United States account maintained by such insti- possession of the United States. of such payment. tution as such institution would be required to ‘‘(5) FINANCIAL INSTITUTION.—Except as other- ‘‘(b) REQUIREMENTS FOR WAIVER OF WITH- report under sections 6041, 6042, 6045, and 6049 wise provided by the Secretary, the term ‘finan- HOLDING.—The requirements of this subsection if— cial institution’ means any entity that— are met with respect to the beneficial owner of ‘‘(i) such institution were a United States per- ‘‘(A) accepts deposits in the ordinary course of a payment if— son, and a banking or similar business, ‘‘(1) such beneficial owner or the payee pro- ‘‘(ii) each holder of such account which is a ‘‘(B) as a substantial portion of its business, vides the withholding agent with either— specified United States person or United States holds financial assets for the account of others, ‘‘(A) a certification that such beneficial owner owned foreign entity were a natural person and or does not have any substantial United States citizen of the United States. ‘‘(C) is engaged (or holding itself out as being owners, or An election under this paragraph shall be made engaged) primarily in the business of investing, ‘‘(B) the name, address, and TIN of each sub- at such time, in such manner, and subject to reinvesting, or trading in securities (as defined stantial United States owner of such beneficial such conditions as the Secretary may provide. in section 475(c)(2) without regard to the last owner, ‘‘(3) SEPARATE REQUIREMENTS FOR QUALIFIED sentence thereof), partnership interests, com- ‘‘(2) the withholding agent does not know, or INTERMEDIARIES.—In the case of a foreign fi- modities (as defined in section 475(e)(2)), or any have reason to know, that any information pro- nancial institution which is treated as a quali- interest (including a futures or forward contract vided under paragraph (1) is incorrect, and

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‘‘(3) the withholding agent reports the infor- ‘‘(B) SPECIAL RULE FOR INVESTMENT VEHI- ‘‘(3) REQUIREMENT TO IDENTIFY SUBSTANTIAL mation provided under paragraph (1)(B) to the CLES.—In the case of any financial institution UNITED STATES OWNERS.—No credit or refund Secretary in such manner as the Secretary may described in section 1471(d)(5)(C), clauses (i), shall be allowed or paid with respect to any tax provide. (ii), and (iii) of subparagraph (A) shall be ap- properly deducted and withheld under this ‘‘(c) EXCEPTIONS.—Subsection (a) shall not plied by substituting ‘0 percent’ for ‘10 percent’. chapter unless the beneficial owner of the pay- apply to— ‘‘(3) SPECIFIED UNITED STATES PERSON.—Ex- ment provides the Secretary such information as ‘‘(1) except as otherwise provided by the Sec- cept as otherwise provided by the Secretary, the the Secretary may require to determine whether retary, any payment beneficially owned by— term ‘specified United States person’ means any such beneficial owner is a United States owned ‘‘(A) any corporation the stock of which is United States person other than— foreign entity (as defined in section 1471(d)(3)) regularly traded on an established securities ‘‘(A) any corporation the stock of which is and the identity of any substantial United market, regularly traded on an established securities States owners of such entity. ‘‘(B) any corporation which is a member of market, ‘‘(c) CONFIDENTIALITY OF INFORMATION.— the same expanded affiliated group (as defined ‘‘(B) any corporation which is a member of ‘‘(1) IN GENERAL.—For purposes of this chap- in section 1471(e)(2) without regard to the last the same expanded affiliated group (as defined ter, rules similar to the rules of section 3406(f) sentence thereof) as a corporation described in in section 1471(e)(2) without regard to the last shall apply. subparagraph (A), sentence thereof) as a corporation the stock of ‘‘(2) DISCLOSURE OF LIST OF PARTICIPATING ‘‘(C) any entity which is organized under the which is regularly traded on an established se- FOREIGN FINANCIAL INSTITUTIONS PERMITTED.— laws of a possession of the United States and curities market, The identity of a foreign financial institution which is wholly owned by one or more bona fide ‘‘(C) any organization exempt from taxation which meets the requirements of section 1471(b) residents (as defined in section 937(a)) of such under section 501(a) or an individual retirement shall not be treated as return information for possession, plan, purposes of section 6103. ‘‘(D) any foreign government, any political ‘‘(D) the United States or any wholly owned ‘‘(d) COORDINATION WITH OTHER WITH- subdivision of a foreign government, or any agency or instrumentality thereof, HOLDING PROVISIONS.—The Secretary shall pro- wholly owned agency or instrumentality of any ‘‘(E) any State, the District of Columbia, any vide for the coordination of this chapter with one or more of the foregoing, possession of the United States, any political other withholding provisions under this title, in- ‘‘(E) any international organization or any subdivision of any of the foregoing, or any cluding providing for the proper crediting of wholly owned agency or instrumentality there- wholly owned agency or instrumentality of any amounts deducted and withheld under this of, one or more of the foregoing, chapter against amounts required to be de- ‘‘(F) any foreign central bank of issue, or ‘‘(F) any bank (as defined in section 581), ducted and withheld under such other provi- ‘‘(G) any other class of persons identified by ‘‘(G) any real estate investment trust (as de- sions. the Secretary for purposes of this subsection, fined in section 856), ‘‘(e) TREATMENT OF WITHHOLDING UNDER and ‘‘(H) any regulated investment company (as AGREEMENTS.—Any tax deducted and withheld ‘‘(2) any class of payments identified by the defined in section 851), pursuant to an agreement described in section Secretary for purposes of this subsection as pos- ‘‘(I) any common trust fund (as defined in 1471(b) shall be treated for purposes of this title ing a low risk of tax evasion. section 584(a)), and as a tax deducted and withheld by a with- ‘‘(d) NON-FINANCIAL FOREIGN ENTITY.—For ‘‘(J) any trust which— holding agent under section 1471(a). ‘‘(i) is exempt from tax under section 664(c), or purposes of this section, the term ‘non-financial ‘‘(f) REGULATIONS.—The Secretary shall pre- ‘‘(ii) is described in section 4947(a)(1). foreign entity’ means any foreign entity which scribe such regulations or other guidance as ‘‘(4) WITHHOLDING AGENT.—The term ‘with- is not a financial institution (as defined in sec- may be necessary or appropriate to carry out holding agent’ means all persons, in whatever tion 1471(d)(5)). the purposes of, and prevent the avoidance of, capacity acting, having the control, receipt, cus- ‘‘SEC. 1473. DEFINITIONS. this chapter.’’. tody, disposal, or payment of any withholdable ‘‘For purposes of this chapter— (b) SPECIAL RULE FOR INTEREST ON OVERPAY- payment. ‘‘(1) WITHHOLDABLE PAYMENT.—Except as MENTS.—Subsection (e) of section 6611 is amend- ‘‘(5) FOREIGN ENTITY.—The term ‘foreign enti- otherwise provided by the Secretary— ed by adding at the end the following new para- ty’ means any entity which is not a United ‘‘(A) IN GENERAL.—The term ‘withholdable graph: States person. payment’ means— ‘‘(4) CERTAIN WITHHOLDING TAXES.—In the ‘‘(i) any payment of interest (including any ‘‘SEC. 1474. SPECIAL RULES. case of any overpayment resulting from tax de- original issue discount), dividends, rents, sala- ‘‘(a) LIABILITY FOR WITHHELD TAX.—Every ducted and withheld under chapter 3 or 4, para- ries, wages, premiums, annuities, compensa- person required to deduct and withhold any tax graphs (1), (2), and (3) shall be applied by sub- tions, remunerations, emoluments, and other under this chapter is hereby made liable for stituting ‘180 days’ for ‘45 days’ each place it fixed or determinable annual or periodical such tax and is hereby indemnified against the appears.’’. gains, profits, and income, if such payment is claims and demands of any person for the (c) CONFORMING AMENDMENTS.— from sources within the United States, and amount of any payments made in accordance (1) Section 6414 is amended by inserting ‘‘or 4’’ ‘‘(ii) any gross proceeds from the sale or other with the provisions of this chapter. after ‘‘chapter 3’’. disposition of any property of a type which can ‘‘(b) CREDITS AND REFUNDS.— (2) Paragraph (1) of section 6501(b) is amend- produce interest or dividends from sources with- ‘‘(1) IN GENERAL.—Except as provided in para- ed by inserting ‘‘4,’’ after ‘‘chapter 3,’’. in the United States. graph (2), the determination of whether any tax (3) Paragraph (2) of section 6501(b) is amend- ‘‘(B) EXCEPTION FOR INCOME CONNECTED WITH deducted and withheld under this chapter reed— UNITED STATES BUSINESS.—Such term shall not sults in an overpayment by the beneficial owner (A) by inserting ‘‘4,’’ after ‘‘chapter 3,’’ in the include any item of income which is taken into of the payment to which such tax is attributable text thereof, and account under section 871(b)(1) or 882(a)(1) for shall be made as if such tax had been deducted (B) by striking ‘‘TAXES AND TAX IMPOSED BY the taxable year. and withheld under subchapter A of chapter 3. CHAPTER 3’’ in the heading thereof and inserting ‘‘(C) SPECIAL RULE FOR SOURCING INTEREST ‘‘(2) SPECIAL RULE WHERE FOREIGN FINANCIAL ‘‘AND WITHHOLDING TAXES’’. PAID BY FOREIGN BRANCHES OF DOMESTIC FINAN- INSTITUTION IS BENEFICIAL OWNER OF PAY- (4) Paragraph (3) of section 6513(b) is amend- CIAL INSTITUTIONS.—Subparagraph (B) of sec- MENT.— ed— tion 861(a)(1) shall not apply. ‘‘(A) IN GENERAL.—In the case of any tax (A) by inserting ‘‘or 4’’ after ‘‘chapter 3’’, and ‘‘(2) SUBSTANTIAL UNITED STATES OWNER.— properly deducted and withheld under section (B) by inserting ‘‘or 1474(b)’’ after ‘‘section ‘‘(A) IN GENERAL.—The term ‘substantial 1471 from a specified financial institution pay- 1462’’. United States owner’ means— ment— (5) Subsection (c) of section 6513 is amended ‘‘(i) with respect to any corporation, any spec- ‘‘(i) if the foreign financial institution re- by inserting ‘‘4,’’ after ‘‘chapter 3,’’. ified United States person which owns, directly ferred to in subparagraph (B) with respect to (6) Paragraph (1) of section 6724(d) is amend- or indirectly, more than 10 percent of the stock such payment is entitled to a reduced rate of tax ed by inserting ‘‘under chapter 4 or’’ after ‘‘filed of such corporation (by vote or value), with respect to such payment by reason of any with the Secretary’’ in the last sentence thereof. ‘‘(ii) with respect to any partnership, any treaty obligation of the United States— (7) Paragraph (2) of section 6724(d) is amend- specified United States person which owns, di- ‘‘(I) the amount of any credit or refund with ed by inserting ‘‘or 4’’ after ‘‘chapter 3’’. rectly or indirectly, more than 10 percent of the respect to such tax shall not exceed the amount (8) The table of chapters of the Internal Rev- profits interests or capital interests in such part- of credit or refund attributable to such reduc- enue Code of 1986 is amended by adding at the nership, and tion in rate, and end the following new item: ‘‘(iii) in the case of a trust— ‘‘(II) no interest shall be allowed or paid with ‘‘(I) any specified United States person treat- respect to such credit or refund, and ‘‘CHAPTER 4. TAXES TO ENFORCE REPORTING ON ed as an owner of any portion of such trust ‘‘(ii) if such foreign financial institution is not CERTAIN FOREIGN ACCOUNTS.’’. under subpart E of part I of subchapter J of so entitled, no credit or refund shall be allowed (d) EFFECTIVE DATE.— chapter 1, and or paid with respect to such tax. (1) IN GENERAL.—Except as otherwise provided ‘‘(II) to the extent provided by the Secretary ‘‘(B) SPECIFIED FINANCIAL INSTITUTION PAY- in this subsection, the amendments made by this in regulations or other guidance, any specified MENT.—The term ‘specified financial institution section shall apply to payments made after De- United States person which holds, directly or in- payment’ means any payment if the beneficial cember 31, 2012. directly, more than 10 percent of the beneficial owner of such payment is a foreign financial in- (2) GRANDFATHERED TREATMENT OF OUT- interests of such trust. stitution. STANDING OBLIGATIONS.—The amendments made

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by this section shall not require any amount to means any interest (including original issue dis- ‘‘(b) SPECIFIED FOREIGN FINANCIAL ASSETS.— be deducted or withheld from any payment count) which— For purposes of this section, the term ‘specified under any obligation outstanding on the date ‘‘(A) would be subject to tax under subsection foreign financial asset’ means— which is 2 years after the date of the enactment (a) but for this subsection, and ‘‘(1) any financial account (as defined in sec- of this Act or from the gross proceeds from any ‘‘(B) is paid on an obligation— tion 1471(d)(2)) maintained by a foreign finan- disposition of such an obligation. ‘‘(i) which is in registered form, and cial institution (as defined in section 1471(d)(4)), (3) INTEREST ON OVERPAYMENTS.—The amend- ‘‘(ii) with respect to which— and ment made by subsection (b) shall apply— ‘‘(I) the person who would otherwise be re- ‘‘(2) any of the following assets which are not (A) in the case of such amendment’s applica- quired to deduct and withhold tax from such in- held in an account maintained by a financial tion to paragraph (1) of section 6611(e) of the terest under section 1442(a) receives a statement institution (as defined in section 1471(d)(5))— Internal Revenue Code of 1986, to returns the which meets the requirements of section ‘‘(A) any stock or security issued by a person due date for which (determined without regard 871(h)(5) that the beneficial owner of the obliga- other than a United States person, to extensions) is after the date of the enactment tion is not a United States person, or ‘‘(B) any financial instrument or contract of this Act, ‘‘(II) the Secretary has determined that such held for investment that has an issuer or (B) in the case of such amendment’s applica- a statement is not required in order to carry out counterparty which is other than a United tion to paragraph (2) of such section, to claims the purposes of this subsection.’’. States person, and for credit or refund of any overpayment filed (c) DEMATERIALIZED BOOK ENTRY SYSTEMS ‘‘(C) any interest in a foreign entity (as de- after the date of the enactment of this Act (re- TREATED AS REGISTERED FORM.—Paragraph (3) fined in section 1473). gardless of the taxable period to which such re- of section 163(f) is amended by inserting ‘‘, ex- ‘‘(c) REQUIRED INFORMATION.—The informa- fund relates), and cept that a dematerialized book entry system or tion described in this subsection with respect to (C) in the case of such amendment’s applica- other book entry system specified by the Sec- any asset is: tion to paragraph (3) of such section, to refunds retary shall be treated as a book entry system ‘‘(1) In the case of any account, the name and paid after the date of the enactment of this Act described in such section’’ before the period at address of the financial institution in which (regardless of the taxable period to which such the end. such account is maintained and the number of refund relates). (d) REPEAL OF EXCEPTION TO REQUIREMENT such account. THAT TREASURY OBLIGATIONS BEINREGISTERED SEC. 502. REPEAL OF CERTAIN FOREIGN EXCEP- ‘‘(2) In the case of any stock or security, the TIONS TO REGISTERED BOND RE- FORM.— name and address of the issuer and such infor- (1) IN GENERAL.—Subsection (g) of section 3121 QUIREMENTS. mation as is necessary to identify the class or of title 31, United States Code, is amended by (a) REPEAL OF EXCEPTION TO DENIAL OF DE- issue of which such stock or security is a part. striking paragraph (2) and by redesignating DUCTION FOR INTEREST ON NON-REGISTERED ‘‘(3) In the case of any other instrument, con- paragraphs (3) and (4) as paragraphs (2) and BONDS.— tract, or interest— (3), respectively. (1) IN GENERAL.—Paragraph (2) of section ‘‘(A) such information as is necessary to iden- (2) CONFORMING AMENDMENTS.—Paragraph (1) 163(f) is amended by striking subparagraph (B) tify such instrument, contract, or interest, and of section 3121(g) of such title is amended— and by redesignating subparagraph (C) as sub- ‘‘(B) the names and addresses of all issuers (A) by adding ‘‘or’’ at the end of subpara- paragraph (B). and counterparties with respect to such instru- (2) CONFORMING AMENDMENTS.— graph (A), (B) by striking ‘‘; or’’ at the end of subpara- ment, contract, or interest. (A) Paragraph (2) of section 149(a) is amended ‘‘(4) The maximum value of the asset during by inserting ‘‘or’’ at the end of subparagraph graph (B) and inserting a period, and (C) by striking subparagraph (C). the taxable year. (A), by striking ‘‘, or’’ at the end of subpara- ‘‘(d) PENALTY FOR FAILURE TO DISCLOSE.— graph (B) and inserting a period, and by strik- (e) PRESERVATION OF EXCEPTION FOR EXCISE TAX PURPOSES.—Paragraph (1) of section ‘‘(1) IN GENERAL.—If any individual fails to ing subparagraph (C). furnish the information described in subsection (B) Subparagraph (A) of section 163(f)(2) is 4701(b) is amended to read as follows: ‘‘(1) REGISTRATION-REQUIRED OBLIGATION.— (c) with respect to any taxable year at the time amended by inserting ‘‘or’’ at the end of clause ‘‘(A) IN GENERAL.—The term ‘registration-re- and in the manner described in subsection (a), (ii), by striking ‘‘, or’’ at the end of clause (iii) quired obligation’ has the same meaning as such person shall pay a penalty of $10,000. and inserting a period, and by striking clause when used in section 163(f), except that such ‘‘(2) INCREASE IN PENALTY WHERE FAILURE (iv). term shall not include any obligation which— CONTINUES AFTER NOTIFICATION.—If any failure (C) Subparagraph (B) of section 163(f)(2), as ‘‘(i) is required to be registered under section described in paragraph (1) continues for more redesignated by paragraph (1), is amended— 149(a), or than 90 days after the day on which the Sec- (i) by striking ‘‘, and subparagraph (B),’’ in ‘‘(ii) is described in subparagraph (B). retary mails notice of such failure to the indi- the matter preceding clause (i), and ‘‘(B) CERTAIN OBLIGATIONS NOT INCLUDED.— vidual, such individual shall pay a penalty (in (ii) by amending clause (i) to read as follows: An obligation is described in this subparagraph addition to the penalties under paragraph (1)) ‘‘(i) such obligation is of a type which the if— of $10,000 for each 30-day period (or fraction Secretary has determined by regulations to be ‘‘(i) there are arrangements reasonably de- thereof) during which such failure continues used frequently in avoiding Federal taxes, signed to ensure that such obligation will be after the expiration of such 90-day period. The and’’. sold (or resold in connection with the original penalty imposed under this paragraph with re- (D) Sections 165(j)(2)(A) and 1287(b)(1) are issue) only to a person who is not a United spect to any failure shall not exceed $50,000. each amended by striking ‘‘except that clause States person, ‘‘(e) PRESUMPTION THAT VALUE OF SPECIFIED (iv) of subparagraph (A), and subparagraph ‘‘(ii) interest on such obligation is payable FOREIGN FINANCIAL ASSETS EXCEEDS DOLLAR (B), of such section shall not apply’’. only outside the United States and its posses- THRESHOLD.—If— (b) REPEAL OF TREATMENT AS PORTFOLIO sions, and ‘‘(1) the Secretary determines that an indi- DEBT.— ‘‘(iii) on the face of such obligation there is a vidual has an interest in one or more specified (1) IN GENERAL.—Paragraph (2) of section statement that any United States person who foreign financial assets, and 871(h) is amended to read as follows: holds such obligation will be subject to limita- ‘‘(2) such individual does not provide suffi- ‘‘(2) PORTFOLIO INTEREST.—For purposes of tions under the United States income tax laws.’’. cient information to demonstrate the aggregate this subsection, the term ‘portfolio interest’ (f) EFFECTIVE DATE.—The amendments made value of such assets, means any interest (including original issue dis- by this section shall apply to obligations issued then the aggregate value of such assets shall be count) which— after the date which is 2 years after the date of ‘‘(A) would be subject to tax under subsection treated as being in excess of $50,000 (or such the enactment of this Act. (a) but for this subsection, and higher dollar amount as the Secretary prescribes ‘‘(B) is paid on an obligation— PART II—UNDER REPORTING WITH for purposes of subsection (a)) for purposes of ‘‘(i) which is in registered form, and RESPECT TO FOREIGN ASSETS assessing the penalties imposed under this sec- ‘‘(ii) with respect to which— SEC. 511. DISCLOSURE OF INFORMATION WITH tion. ‘‘(I) the United States person who would oth- RESPECT TO FOREIGN FINANCIAL ‘‘(f) APPLICATION TO CERTAIN ENTITIES.—To erwise be required to deduct and withhold tax ASSETS. the extent provided by the Secretary in regula- from such interest under section 1441(a) receives (a) IN GENERAL.—Subpart A of part III of sub- tions or other guidance, the provisions of this a statement (which meets the requirements of chapter A of chapter 61 is amended by inserting section shall apply to any domestic entity which paragraph (5)) that the beneficial owner of the after section 6038C the following new section: is formed or availed of for purposes of holding, obligation is not a United States person, or ‘‘SEC. 6038D. INFORMATION WITH RESPECT TO directly or indirectly, specified foreign financial ‘‘(II) the Secretary has determined that such FOREIGN FINANCIAL ASSETS. assets, in the same manner as if such entity a statement is not required in order to carry out ‘‘(a) IN GENERAL.—Any individual who, dur- were an individual. the purposes of this subsection.’’. ing any taxable year, holds any interest in a ‘‘(g) REASONABLE CAUSE EXCEPTION.—No pen- (2) CONFORMING AMENDMENTS.— specified foreign financial asset shall attach to alty shall be imposed by this section on any fail- (A) Section 871(h)(3)(A) is amended by strik- such person’s return of tax imposed by subtitle ure which is shown to be due to reasonable ing ‘‘subparagraph (A) or (B) of’’. A for such taxable year the information de- cause and not due to willful neglect. The fact (B) Paragraph (2) of section 881(c) is amended scribed in subsection (c) with respect to each that a foreign jurisdiction would impose a civil to read as follows: such asset if the aggregate value of all such as- or criminal penalty on the taxpayer (or any ‘‘(2) PORTFOLIO INTEREST.—For purposes of sets exceeds $50,000 (or such higher dollar other person) for disclosing the required infor- this subsection, the term ‘portfolio interest’ amount as the Secretary may prescribe). mation is not reasonable cause.

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‘‘(h) REGULATIONS.—The Secretary shall pre- quired if such section were applied without re- date for which (determined without regard to scribe such regulations or other guidance as gard to the dollar threshold specified in sub- extensions) is after the date of the enactment of may be necessary or appropriate to carry out section (a) thereof and without regard to any this Act. the purposes of this section, including regula- exceptions provided pursuant to subsection PART IV—PROVISIONS RELATED TO tions or other guidance which provide appro- (h)(1) thereof), and FOREIGN TRUSTS priate exceptions from the application of this ‘‘(II) is in excess of $5,000, SEC. 531. CLARIFICATIONS WITH RESPECT TO section in the case of— the tax may be assessed, or a proceeding in FOREIGN TRUSTS WHICH ARE ‘‘(1) classes of assets identified by the Sec- court for collection of such tax may be begun TREATED AS HAVING A UNITED retary, including any assets with respect to without assessment, at any time within 6 years STATES BENEFICIARY. which the Secretary determines that disclosure after the return was filed.’’. (a) IN GENERAL.—Paragraph (1) of section under this section would be duplicative of other (2) CONFORMING AMENDMENTS.— 679(c) is amended by adding at the end the fol- disclosures, (A) Subparagraph (B) of section 6501(e)(1), as lowing: ‘‘(2) nonresident aliens, and redesignated by paragraph (1), is amended by ‘‘For purposes of subparagraph (A), an amount ‘‘(3) bona fide residents of any possession of striking all that precedes clause (i) and insert- shall be treated as accumulated for the benefit the United States.’’. ing the following: of a United States person even if the United (b) CLERICAL AMENDMENT.—The table of sec- ‘‘(B) DETERMINATION OF GROSS INCOME.—For States person’s interest in the trust is contingent tions for subpart A of part III of subchapter A purposes of subparagraph (A)—’’. on a future event.’’. of chapter 61 is amended by inserting after the (B) Paragraph (2) of section 6229(c) is amend- (b) CLARIFICATION REGARDING DISCRETION TO item relating to section 6038C the following new ed by striking ‘‘which is in excess of 25 percent IDENTIFY BENEFICIARIES.—Subsection (c) of sec- item: of the amount of gross income stated in its re- tion 679 is amended by adding at the end the ‘‘Sec. 6038D. Information with respect to for- turn’’ and inserting ‘‘and such amount is de- following new paragraph: ‘‘(4) SPECIAL RULE IN CASE OF DISCRETION TO eign financial assets.’’. scribed in clause (i) or (ii) of section IDENTIFY BENEFICIARIES.—For purposes of para- 6501(e)(1)(A)’’. (c) EFFECTIVE DATE.—The amendments made graph (1)(A), if any person has the discretion (b) ADDITIONAL REPORTS SUBJECT TO EX- by this section shall apply to taxable years be- (by authority given in the trust agreement, by TENDED PERIOD.—Paragraph (8) of section ginning after the date of the enactment of this power of appointment, or otherwise) of making 6501(c) is amended— Act. a distribution from the trust to, or for the ben- (1) by inserting ‘‘pursuant to an election SEC. 512. PENALTIES FOR UNDERPAYMENTS AT- efit of, any person, such trust shall be treated as under section 1295(b) or’’ before ‘‘under section TRIBUTABLE TO UNDISCLOSED FOR- having a beneficiary who is a United States per- 6038’’, EIGN FINANCIAL ASSETS. son unless— (a) IN GENERAL.—Section 6662, as amended by (2) by inserting ‘‘1298(f),’’ before ‘‘6038’’, and ‘‘(A) the terms of the trust specifically identify this Act, is amended— (3) by inserting ‘‘6038D,’’ after ‘‘6038B,’’. the class of persons to whom such distributions (1) in subsection (b), by inserting after para- (c) CLARIFICATIONS RELATED TO FAILURE TO may be made, and graph (6) the following new paragraph: DISCLOSE FOREIGN TRANSFERS.—Paragraph (8) ‘‘(B) none of those persons are United States ‘‘(7) Any undisclosed foreign financial asset of section 6501(c) is amended by striking persons during the taxable year.’’. understatement.’’, and ‘‘event’’ and inserting ‘‘tax return, event,’’. (c) CLARIFICATION THAT CERTAIN AGREEMENTS (2) by adding at the end the following new (d) EFFECTIVE DATE.—The amendments made AND UNDERSTANDINGS ARE TERMS OF THE subsection: by this section shall apply to— TRUST.—Subsection (c) of section 679, as amend- ‘‘(j) UNDISCLOSED FOREIGN FINANCIAL ASSET (1) returns filed after the date of the enacted by subsection (b), is amended by adding at UNDERSTATEMENT.— ment of this Act; and the end the following new paragraph: ‘‘(1) IN GENERAL.—For purposes of this sec- (2) returns filed on or before such date if the ‘‘(5) CERTAIN AGREEMENTS AND UNDER- tion, the term ‘undisclosed foreign financial period specified in section 6501 of the Internal STANDINGS TREATED AS TERMS OF THE TRUST.— asset understatement’ means, for any taxable Revenue Code of 1986 (determined without re- For purposes of paragraph (1)(A), if any United year, the portion of the understatement for such gard to such amendments) for assessment of States person who directly or indirectly trans- taxable year which is attributable to any trans- such taxes has not expired as of such date. fers property to the trust is directly or indirectly action involving an undisclosed foreign finan- PART III—OTHER DISCLOSURE involved in any agreement or understanding cial asset. PROVISIONS (whether written, oral, or otherwise) that may ‘‘(2) UNDISCLOSED FOREIGN FINANCIAL ASSET.— result in the income or corpus of the trust being SEC. 521. REPORTING OF ACTIVITIES WITH RE- paid or accumulated to or for the benefit of a For purposes of this subsection, the term ‘undis- SPECT TO PASSIVE FOREIGN INVEST- closed foreign financial asset’ means, with re- MENT COMPANIES. United States person, such agreement or understanding shall be treated as a term of the spect to any taxable year, any asset with respect (a) IN GENERAL.—Section 1298 is amended by to which information was required to be pro- redesignating subsection (f) as subsection (g) trust.’’. vided under section 6038, 6038B, 6038D, 6046A, or and by inserting after subsection (e) the fol- SEC. 532. PRESUMPTION THAT FOREIGN TRUST 6048 for such taxable year but was not provided lowing new subsection: HAS UNITED STATES BENEFICIARY. (a) IN GENERAL.—Section 679 is amended by by the taxpayer as required under the provisions ‘‘(f) REPORTING REQUIREMENT.—Except as redesignating subsection (d) as subsection (e) of those sections. otherwise provided by the Secretary, each and inserting after subsection (c) the following ‘‘(3) INCREASE IN PENALTY FOR UNDISCLOSED United States person who is a shareholder of a new subsection: FOREIGN FINANCIAL ASSET UNDERSTATEMENTS.— passive foreign investment company shall file an ‘‘(d) PRESUMPTION THAT FOREIGN TRUST HAS In the case of any portion of an underpayment annual report containing such information as UNITED STATES BENEFICIARY.—If a United which is attributable to any undisclosed foreign the Secretary may require.’’. States person directly or indirectly transfers financial asset understatement, subsection (a) (b) CONFORMING AMENDMENT.—Subsection (e) property to a foreign trust (other than a trust shall be applied with respect to such portion by of section 1291 is amended by striking ‘‘, (d), described in section 6048(a)(3)(B)(ii)), the Sec- substituting ‘40 percent’ for ‘20 percent’.’’. and (f)’’ and inserting ‘‘and (d)’’. retary may treat such trust as having a United (b) EFFECTIVE DATE.—The amendments made (c) EFFECTIVE DATE.—The amendments made States beneficiary for purposes of applying this by this section shall apply to taxable years be- by this section take effect on the date of the en- section to such transfer unless such person— ginning after the date of the enactment of this actment of this Act. ‘‘(1) submits such information to the Secretary Act. SEC. 522. SECRETARY PERMITTED TO REQUIRE as the Secretary may require with respect to SEC. 513. MODIFICATION OF STATUTE OF LIMITA- FINANCIAL INSTITUTIONS TO FILE such transfer, and TIONS FOR SIGNIFICANT OMISSION CERTAIN RETURNS RELATED TO ‘‘(2) demonstrates to the satisfaction of the OF INCOME IN CONNECTION WITH WITHHOLDING ON FOREIGN TRANS- Secretary that such trust satisfies the require- FOREIGN ASSETS. FERS ELECTRONICALLY. ments of subparagraphs (A) and (B) of sub- (a) EXTENSION OF STATUTE OF LIMITATIONS.— (a) IN GENERAL.—Subsection (e) of section section (c)(1).’’. N GENERAL (1) I .—Paragraph (1) of section 6011 is amended by adding at the end the fol- (b) EFFECTIVE DATE.—The amendments made 6501(e) is amended by redesignating subpara- lowing new paragraph: by this section shall apply to transfers of prop- graphs (A) and (B) as subparagraphs (B) and ‘‘(4) SPECIAL RULE FOR RETURNS FILED BY FI- erty after the date of the enactment of this Act. (C), respectively, and by inserting before sub- NANCIAL INSTITUTIONS WITH RESPECT TO WITH- SEC. 533. UNCOMPENSATED USE OF TRUST PROP- paragraph (B) (as so redesignated) the following HOLDING ON FOREIGN TRANSFERS.—The numer- ERTY. new subparagraph: ical limitation under paragraph (2)(A) shall not (a) IN GENERAL.—Paragraph (1) of section ‘‘(A) GENERAL RULE.—If the taxpayer omits apply to any return filed by a financial institu- 643(i) is amended— from gross income an amount properly includ- tion (as defined in section 1471(d)(5)) with re- (1) by striking ‘‘directly or indirectly to’’ and ible therein and— spect to tax for which such institution is made inserting ‘‘(or permits the use of any other trust ‘‘(i) such amount is in excess of 25 percent of liable under section 1461 or 1474(a).’’. property) directly or indirectly to or by’’, and the amount of gross income stated in the return, (b) CONFORMING AMENDMENT.—Subsection (c) (2) by inserting ‘‘(or the fair market value of or of section 6724 is amended by inserting ‘‘or with the use of such property)’’ after ‘‘the amount of ‘‘(ii) such amount— respect to a return described in section such loan’’. ‘‘(I) is attributable to one or more assets with 6011(e)(4)’’ before the end period. (b) EXCEPTION FOR COMPENSATED USE.—Para- respect to which information is required to be (c) EFFECTIVE DATE.—The amendment made graph (2) of section 643(i) is amended by adding reported under section 6038D (or would be so re- by this section shall apply to returns the due at the end the following new subparagraph:

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‘‘(E) EXCEPTION FOR COMPENSATED USE OF 4, a dividend equivalent shall be treated as a that is a party to any contract or other arrange- PROPERTY.—In the case of the use of any trust dividend from sources within the United States. ment that provides for the payment of a divi- property other than a loan of cash or market- ‘‘(2) DIVIDEND EQUIVALENT.—For purposes of dend equivalent shall be treated as having con- able securities, paragraph (1) shall not apply to this subsection, the term ‘dividend equivalent’ trol of such payment.’’. the extent that the trust is paid the fair market means— (b) EFFECTIVE DATE.—The amendments made value of such use within a reasonable period of ‘‘(A) any substitute dividend made pursuant by this section shall apply to payments made on time of such use.’’. to a securities lending or a sale-repurchase or after the date that is 180 days after the date (c) APPLICATION TO GRANTOR TRUSTS.—Sub- transaction that (directly or indirectly) is con- of the enactment of this Act. section (c) of section 679, as amended by this tingent upon, or determined by reference to, the Subtitle B—Delay in Application of Act, is amended by adding at the end the fol- payment of a dividend from sources within the Worldwide Allocation of Interest lowing new paragraph: United States, SEC. 551. DELAY IN APPLICATION OF WORLDWIDE ‘‘(6) UNCOMPENSATED USE OF TRUST PROPERTY ‘‘(B) any payment made pursuant to a speci- ALLOCATION OF INTEREST. TREATED AS A PAYMENT.—For purposes of this fied notional principal contract that (directly or (a) IN GENERAL.—Paragraphs (5)(D) and (6) subsection, a loan of cash or marketable securi- indirectly) is contingent upon, or determined by of section 864(f) are each amended by striking ties (or the use of any other trust property) di- reference to, the payment of a dividend from ‘‘December 31, 2017’’ and inserting ‘‘December rectly or indirectly to or by any United States sources within the United States, and 31, 2019’’. person (whether or not a beneficiary under the ‘‘(C) any other payment determined by the (b) EFFECTIVE DATE.—The amendments made terms of the trust) shall be treated as paid or ac- Secretary to be substantially similar to a pay- by this section shall take effect on the date of cumulated for the benefit of a United States per- ment described in subparagraph (A) or (B). the enactment of this Act. son. The preceding sentence shall not apply to ‘‘(3) SPECIFIED NOTIONAL PRINCIPAL CON- the extent that the United States person repays TRACT.—For purposes of this subsection, the f the loan at a market rate of interest (or pays the term ‘specified notional principal contract’ fair market value of the use of such property) means— ORDERS FOR FRIDAY, FEBRUARY within a reasonable period of time.’’. ‘‘(A) any notional principal contract if— 26, 2010 ‘‘(i) in connection with entering into such (d) CONFORMING AMENDMENTS.—Paragraph Mr. DURBIN. I ask unanimous con- (3) of section 643(i) is amended— contract, any long party to the contract transfers the underlying security to any short party sent that following my remarks, the (1) by inserting ‘‘(or use of property)’’ after Senate adjourn until 9:30 a.m., Friday, ‘‘If any loan’’, to the contract, (2) by inserting ‘‘or the return of such prop- ‘‘(ii) in connection with the termination of February 26. erty’’ before ‘‘shall be disregarded’’, and such contract, any short party to the contract I would like to ask by way of a ques- (3) by striking ‘‘REGARDING LOAN PRINCIPAL’’ transfers the underlying security to any long tion, does the Senator from Kentucky in the heading thereof. party to the contract, seek recognition? ‘‘(iii) the underlying security is not readily (e) EFFECTIVE DATE.—The amendments made Mr. BUNNING. Yes, I will. by this section shall apply to loans made, and tradable on an established securities market, ‘‘(iv) in connection with entering into such Mr. DURBIN. Would you like to uses of property, after the date of the enactment speak after I have made the request so of this Act. contract, the underlying security is posted as collateral by any short party to the contract I could make the adjournment subject SEC. 534. REPORTING REQUIREMENT OF UNITED with any long party to the contract, or to your speaking? STATES OWNERS OF FOREIGN TRUSTS. ‘‘(v) such contract is identified by the Sec- Mr. BUNNING. That is acceptable. retary as a specified notional principal contract, (a) IN GENERAL.—Paragraph (1) of section Mr. DURBIN. I ask unanimous con- ‘‘(B) in the case of payments made after the 6048(b) is amended by inserting ‘‘shall submit sent that following my remarks and date which is 2 years after the date of the enact- such information as the Secretary may prescribe ment of this subsection, any notional principal the remarks of the Senator from Ken- with respect to such trust for such year and’’ contract unless the Secretary determines that tucky and the remarks of the Senator before ‘‘shall be responsible to ensure’’. such contract is of a type which does not have from Tennessee for debate only—let me (b) EFFECTIVE DATE.—The amendment made the potential for tax avoidance. suspend this unanimous consent re- by this section shall apply to taxable years be- ‘‘(4) DEFINITIONS.—For purposes of paragraph ginning after the date of the enactment of this quest. (3)(A)— Act. Mr. President, I will attempt to ‘‘(A) LONG PARTY.—The term ‘long party’ make this unanimous consent request SEC. 535. MINIMUM PENALTY WITH RESPECT TO means, with respect to any underlying security FAILURE TO REPORT ON CERTAIN of any notional principal contract, any party to again. I ask unanimous consent that FOREIGN TRUSTS. the contract which is entitled to receive any following my remarks, the remarks of (a) IN GENERAL.—Subsection (a) of section payment pursuant to such contract which is the Senator from Tennessee, Mr. CORK- 6677 is amended— contingent upon, or determined by reference to, ER, who will make a unanimous con- (1) by inserting ‘‘the greater of $10,000 or’’ be- the payment of a dividend from sources within sent request and then engage in debate fore ‘‘35 percent’’, and the United States with respect to such under- (2) by striking the last sentence and inserting only beyond that, and the remarks of lying security. the following: ‘‘At such time as the gross report- the Senator from Kentucky, following ‘‘(B) SHORT PARTY.—The term ‘short party’ those remarks, the Senate adjourn able amount with respect to any failure can be means, with respect to any underlying security determined by the Secretary, any subsequent of any notional principal contract, any party to until 9:30 a.m., Friday, February 26; penalty imposed under this subsection with re- the contract which is not a long party with re- that following the prayer and pledge, spect to such failure shall be reduced as nec- spect to such underlying security. the Journal of proceedings be approved essary to assure that the aggregate amount of ‘‘(C) UNDERLYING SECURITY.—The term ‘un- to date, the morning hour be deemed such penalties do not exceed the gross reportable derlying security’ means, with respect to any expired, the time for the two leaders be amount (and to the extent that such aggregate notional principal contract, the security with reserved for their use later in the day, amount already exceeds the gross reportable respect to which the dividend referred to in amount the Secretary shall refund such excess and the Senate proceed to a period of paragraph (2)(B) is paid. For purposes of this morning business with Senators per- to the taxpayer).’’ paragraph, any index or fixed basket of securi- (b) EFFECTIVE DATE.—The amendments made ties shall be treated as a single security. mitted to speak therein for up to 10 by this section shall apply to notices and re- ‘‘(5) PAYMENTS DETERMINED ON GROSS BASIS.— minutes each. I didn’t make it clear turns required to be filed after December 31, For purposes of this subsection, the term ‘pay- that the Senator from Kentucky would 2009. ment’ includes any gross amount which is used speak in debate only. PART V—SUBSTITUTE DIVIDENDS AND in computing any net amount which is trans- Mr. BUNNING. I have a few things I DIVIDEND EQUIVALENT PAYMENTS RE- ferred to or from the taxpayer. would like to comment on. CEIVED BY FOREIGN PERSONS TREATED ‘‘(6) PREVENTION OF OVER-WITHHOLDING.—In Mr. DURBIN. In debate only. AS DIVIDENDS the case of any chain of dividend equivalents one or more of which is subject to tax under Mr. BUNNING. Yes. SEC. 541. SUBSTITUTE DIVIDENDS AND DIVIDEND The PRESIDING OFFICER. Is there EQUIVALENT PAYMENTS RECEIVED subsection (a) or section 881, the Secretary may BY FOREIGN PERSONS TREATED AS reduce such tax, but only to the extent that the objection? Without objection, it is so DIVIDENDS. taxpayer can establish that such tax has been ordered. (a) IN GENERAL.—Section 871 is amended by paid with respect to another dividend equivalent f redesignating subsection (l) as subsection (m) in such chain, or is not otherwise due, or as the and by inserting after subsection (k) the fol- Secretary determines is appropriate to address PROGRAM lowing new subsection: the role of financial intermediaries in such Mr. DURBIN. There will be no roll- ‘‘(l) TREATMENT OF DIVIDEND EQUIVALENT chain. For purposes of this paragraph, a divi- PAYMENTS.— dend shall be treated as a dividend equivalent. call votes during Friday’s session of ‘‘(1) IN GENERAL.—For purposes of subsection ‘‘(7) COORDINATION WITH CHAPTERS 3 AND 4.— the Senate. The next rollcall vote will (a), sections 881 and 4948(a), and chapters 3 and For purposes of chapters 3 and 4, each person occur on Tuesday morning. I have

VerDate Nov 24 2008 03:36 Mar 04, 2010 Jkt 089060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\RECORD10\S25FE0.REC S25FE0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S816 CONGRESSIONAL RECORD — SENATE February 25, 2010 given notice to Senator BUNNING and OFFSETTING THE UNEMPLOYMENT rammed through a bill, a partisan bill, others that I will be renewing this BENEFIT EXTENSION over a bipartisan bill. You cannot unanimous consent request tomorrow Mr. BUNNING. Mr. President, it has preach bipartisanism and practice par- morning. been a long night. It is called an am- tisanship. I do not give a darn how bush. That is what happened. The con- good you are at conning people, people f sent that I was assured of was going to see through it. If you think I am kid- ding, go into your State and ask. The ORDER FOR ADJOURNMENT be that the Senator from Illinois offer the same—I am going to get it right— American people understand what is Mr. DURBIN. If there is no further 30-day extension without an offset. He going on up here. That is why the Con- business to come before the Senate, I was going to offer it, and I was going to gress and the Senate have a 30-percent ask unanimous consent that it adjourn have a chance to object. We weren’t approval rating. Even the President of after the statements that have already going to stand around for 31⁄2 hours de- the United States is higher than that, been noted as part of this request. bating the issue. That is the under- and his is not good because it is below The PRESIDING OFFICER. Without standing I had with the leader of the 50 percent. objection, it is so ordered. Democrats. But I have served in this body and The Senator from Tennessee. Now, I don’t know what I have for to- over in the House—I have not had as morrow. I have been assured that the long; I have had 2 years shorter than f Senator from Illinois will offer the the House service of the Senator from UNANIMOUS CONSENT REQUEST— same amendment tomorrow morning, Illinois and 2 years shorter than the H.R. 4691 and I will have a chance to object, if I Senator’s Senate service; so I have so choose. But I want to assure the peo- spent 12 and 12, 12 years here and 12 in Mr. CORKER. Mr. President, I thank ple who have watched this thing until the House—and we are not conning the the Senator from Illinois for his nature a quarter of 12, I have missed the Ken- people in the United States about any- this evening. I thank all of my col- tucky-South Carolina game that start- thing. They know what is going on. leagues on the other side of the aisle. I ed at 9 o’clock. It is the only redeeming That is why they are madder than think we have had a nice discussion. I chance we had to beat South Carolina, heck. They are tired of Senators who think we all know this is not about any since they are the only team that has talk out of both sides of their mouths. of our lack of desire to make sure that beat Kentucky this year. All of these They are tired of people who have been these benefits are extended. I think ev- things that we have talked about and appointed to positions who come before erybody here knows this. It has been all the provisions that have been dis- the Congressional committees and do nice listening to some of the com- cussed, the unemployment benefits, all not speak the truth. If you think the ments. these things, if we had taken a longer Tea Party people are crazy, get them Therefore, since it was out of order version of the jobs bill that was mutu- involved in your Senate race or get before, I would like to ask unanimous ally agreed on, a bipartisan bill that them against you when you are run- consent that the Senate proceed to the Senator BAUCUS and Senator GRASSLEY ning. immediate consideration of H.R. 4891, agreed on, that the Senator from Ne- Remember now, this all could have that the amendment at the desk which vada, the leader withdrew his support been changed had not the leader of the offers a full offset be agreed to, that from and brought his own narrowly Senate decided that a bipartisan com- the bill, as amended, be read a third scoped bill to the floor, $10 billion was promise jobs bill was not as important time and passed, and the motion to re- not paid for, $5 billion was—so we have as his partisan jobs bill that just consider be laid upon the table, and $10 billion immediately after we passed passed right before all this debate. this issue will be dealt with. Every pay-go last week, so we have a $10 bil- I just want to tell the people who American that is looking for the bene- lion bill we talked about early on that have watched—and I doubt if there are fits we have discussed will have those just passed and now we have an exten- many right now—that I am as inter- forthcoming. sion—by the way, the Baucus-Grassley ested in all those things I have ob- Mr. President, I ask that that be ap- bill was totally and completely—it is jected to because of no offsets as the proved. debatable, according to the Senator people who have spoken on the other The PRESIDING OFFICER. Is there from Illinois, but it was paid for—CBO side of the aisle or my good friend from objection? said it was paid for, but at least that is Tennessee or my good friend from Ala- Mr. DURBIN. Reserving the right to what Joint Tax said, too, because I bama. object, I believe the Senator from Ten- happen to be on the same committee This body should be and can be better nessee said 4891. I think the bill was with those two gentlemen—we would than it has been. In my 24 years of 4691. not have spent 3 hours-plus—almost service, I have never seen the Congress Mr. CORKER. H.R. 4691. 31⁄2—telling everybody in the United of the United States perform as badly Mr. DURBIN. If the Senator would States of America that Senator as we are performing presently. And it not mind repeating his unanimous con- BUNNING does not give a damn about shows up. Bipartisanship means input sent, I didn’t quite hear the end of it. the people who are on unemployment; from both sides—not talking about it, Mr. CORKER. I ask unanimous con- the doctors whom I represent that I did doing it. That is the whole difference in sent that the Senate proceed to the im- not want to extend SGR; all of the what we have had here tonight. We did mediate consideration of H.R. 4691 other things—COBRA, flood insurance, not even have to have this debate. which I understand to be the measure small business loans, and small busi- Thank you. that is before us, that the amendment ness provisions. at the desk, which I understand offers I feel sorry for the people in Ken- f a full offset to pay for this, be agreed tucky who live in east Kentucky who to, the bill, as amended, be read for a may lose their Satellite Home Viewer third time and passed, and the motion Act for a day or two because they will ADJOURNMENT UNTIL 9:30 A.M. to reconsider be laid upon the table. miss all those Senate commercials that TOMORROW The PRESIDING OFFICER. Is there are going on. I know how they des- The PRESIDING OFFICER. The Sen- objection? perately want to watch those, but if ate stands in adjournment until Fri- Mr. DURBIN. I object. they do not have cable, they will not be day, February 26, 2010, at 9:30 a.m. The PRESIDING OFFICER. Objec- able to do it. Thereupon, the Senate, at 11:52 p.m., tion is heard. But this debate could have been com- adjourned until Friday, February 26, The Senator from Kentucky. pletely changed had not the other side 2010, at 9:30 a.m.

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IN TRIBUTE TO REPRESENTATIVE vegetables from a large number of local grow- bulk of the $65,000 necessary for the con- JOHN P. MURTHA OF PENNSYL- ers. Ed Baloian took on the responsibility of struction of the original YMCA facility. This VANIA managing the operations at Pam Pak Distribu- building was completed in 1911. Since that tors. Just three years later, in an effort to in- time, the original YMCA building in LaPorte SPEECH OF crease their annual business and to supply the has undergone numerous renovations and ad- HON. ROSA L. DeLAURO rising local demand for their products, Pam ditions. Finally, in 1995, the LaPorte YMCA OF CONNECTICUT Pak began its own farming operation. was expanded to its current size of 11,000 sq. IN THE HOUSE OF REPRESENTATIVES Mr. James Baloian retired from the family ft., which encompasses a teen center, weight business in 1985, and later that year, Mr. room, pool, and a child care center. Wednesday, February 24, 2010 Baloian and his son, Tim, started a new As an evolving organization, the YMCA Ms. DELAURO. Madam Speaker, I rise branch to the company, Baloian Packing. This seeks to adapt to the community’s needs today to pay my respects to a tireless cham- new business continued the efforts of Pam while promoting family values. The LaPorte pion for soldiers, veterans, and the middle Pak, their number one label, and included Family YMCA remains committed to the origi- class, a venerable lion of this body, and a Marty Boy, Balo and Valley Jewels. With the nal mission of the organization to respond to treasured friend, Congressman Jack Murtha. increased business, Mr. Ed Baloian was elect- the needs of the surrounding community. The first Vietnam veteran ever elected to ed Chairman of the Board and Mr. Tim Today, the LaPorte Family YMCA continues to the House of Representatives, Congressman Baloian was elected President of the Board of successfully fulfill this mission by providing Murtha dedicated his career to America’s fight- Pam Pak Distributors. quality services stressing literacy, safe child ing men and women, and always worked to Today, the company continues to be care and healthy lifestyle choices. These pro- put our troops and their safety first. I consist- headquartered in Fresno, California. Under Mr. grams are not only well managed and effec- ently relied on his wisdom and his insights on Baloian’s leadership the company has grown tively run but are also vital to the community matters of defense and national security. to include a majority of the San Joaquin Val- at large and the YMCA’s effort to make a dif- From his position as Chairman of the De- ley, with extensions into Mexico and Chile. ference in the community ‘‘one child, one sen- fense Appropriations Committee, Jack’s ex- The company is a leading California fresh fruit ior, one family at a time.’’ traordinary dedication to the well-being of our and vegetable grower, shipper and packer. So today, on behalf of the citizens of the troops and their families was evident in his ac- The company specializes in bell peppers, let- Second District, I would like to congratulate tions every day. He knew that keeping our sol- tuce, eggplant, red onions, melons and the dedicated administrative personnel and diers out of harm’s way meant providing them squash. The company ships these products to community volunteers who make the LaPorte with state-of-the-art equipment, from sub- grocery stores, restaurants and food service Family YMCA such an upstanding organiza- marines to helicopters. And with that in mind, customers around the United States and Can- tion and outstanding resource for LaPorte and he helped to maintain a defense-industrial ada. the surrounding communities. base that brought high-paying, high-skilled Outside of the farming and shipping indus- f manufacturing jobs both to his home state of try, Mr. Baloian is very active in Rotary, is a Pennsylvania and my own state of Con- Paul Harris Fellow and has served on the HONORING PHYLLIS HICKS necticut. His legacy will live on not only in his council at Peoples Church in Fresno, Cali- service to military men and women, but fornia. Recently, Mr. Baloian accepted the HON. LEE TERRY through the millions of jobs he helped to cre- Central California Excellence in Business OF NEBRASKA ate in our region. Award on behalf of his company. IN THE HOUSE OF REPRESENTATIVES Jack was also concerned with the well-being Madam Speaker, I rise today to commend Thursday, February 25, 2010 of Americans waging another kind of battle, and congratulate Edward Baloian upon being and he always supported critical funding for awarded with the Ag One ‘‘2010 Community Mr. TERRY. Madam Speaker, it is my research on diseases such as cancer, AIDS, Salute’’ for his tremendous support of the agri- pleasure to rise today during Black History and diabetes. In short, he was a great ally to culture community. I invite my colleagues to Month to remember the important contribu- Connecticut, a great Pennsylvanian, and a join me in wishing Mr. Baloian many years of tions African Americans have made to our na- great American, and he will be deeply missed. continued success. tion. I especially honor the extraordinary peo- This House is smaller after his passing. f ple who continue to help shape my community f of Omaha and our great nation. Among the CONGRATULATING THE LAPORTE HONORING EDWARD BALOIAN thousands of successful and talented African FAMILY YMCA ON ITS 100TH AN- Americans in the second congressional district NIVERSARY of Nebraska, I would like to pay special tribute HON. GEORGE RADANOVICH to Phyllis Hicks. OF CALIFORNIA Since 1967, Mrs. Hicks has run the Salem IN THE HOUSE OF REPRESENTATIVES HON. JOE DONNELLY OF INDIANA Stepping Saints Drill Team in Omaha and con- Thursday, February 25, 2010 IN THE HOUSE OF REPRESENTATIVES tinues to be a volunteer and chief fundraiser Mr. RADANOVICH. Madam Speaker, I rise for this youth group, which not only teaches Thursday, February 25, 2010 today to commend and congratulate Edward young people drill skills, but also provides ‘‘Ed’’ Baloian upon being awarded with the Ag Mr. DONNELLY of Indiana. Madam Speak- them with mentoring, tutoring and counseling. One ‘‘2010 Community Salute.’’ Mr. Baloian er, today I rise to honor the LaPorte Family Through her outreach, she has helped many will be recognized on Saturday, February 27, YMCA, celebrating its 100th anniversary of youths overcome barriers, especially discrimi- 2010 at the Ag One event benefiting the Jor- serving the people of LaPorte and the sur- nation. Phyllis is active in the NAACP, Black dan College of Agricultural Science and Tech- rounding communities. Business Women’s Council and Urban nology at California State University, Fresno. For 100 years, the LaPorte Family YMCA League. She currently serves as marketing di- In 1923, Ed Baloian’s father, Charles, start- has offered a variety of resources to its mem- rector for the Omaha Star Newspaper, Ne- ed a full-service produce business, Charles bers. Its dedicated administrators, volunteers braska’s largest African-American newspaper. Baloian Company, Inc. In 1945, upon returning and community partners work tirelessly to up- Mrs. Hicks remains active, serving on several home from serving their country in World War hold the organization’s mission to promote community boards, and her dedication to im- II, Ed and his brother, James, joined their fa- positive values, investment in community, and proving our community is recognized and ap- ther as partners in the family business. mental, physical, and spiritual well-being. preciated. In 1965, the Baloians formed Pam Pak Dis- Founded on December 9, 1908, it took Thank you, Phyllis Hicks, for your commit- tributors, Inc., to package and market fresh LaPorte citizens less than 2 weeks to raise the ment to making the world a better place. Your

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

VerDate Nov 24 2008 04:04 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A25FE8.001 E25FEPT1 jbell on DSKDVH8Z91PROD with REMARKS E238 CONGRESSIONAL RECORD — Extensions of Remarks February 25, 2010 participation in our community has made a dif- 18,000 people lost their lives. During the fol- to everyone who knew and loved him, he was ference to thousands of people, especially our lowing four decades, the Chinese Nationalists a dedicated member of his community who youth. continued to rule Taiwan with an iron fist answered the higher calling to serve his coun- f under Martial Law that was not lifted until try. 1987. Madam Speaker, during his lifetime, Cor- HONORING SABRINA MORALES, The Massacre had far reaching implications. poral Turbett enriched the lives of everyone PRISCILLA KING, LAKEITHA Over the next half-century, these events around him by employing energy, leadership, LYLES, AND DIANA EDOUARD helped galvanize Taiwan’s struggle for inde- and courage in everything he set out to do. As FOR WINNING THE HONORING pendence and for its transformation from a we bid farewell to this exceptional individual, I OUR FUTURE LEADERS COM- dictatorship to a thriving and pluralistic democ- ask my colleagues to join me in remembering PETITION racy. and honoring his contributions and years of I urge other Members to join me in com- devoted service to his community and our HON. STEVE ISRAEL memorating this important historical event. country. OF NEW YORK f f IN THE HOUSE OF REPRESENTATIVES HONORING KELLY WEINSENSEEL HONORING THE ORGAN PIPE CAC- Thursday, February 25, 2010 FOR WINNING THE HONORING TUS NATIONAL MONUMENT FOR Mr. ISRAEL. Madam Speaker, I rise today OUR FUTURE LEADERS COM- BEING RECOGNIZED BY THE to acknowledge four students in my district, PETITION INTERMOUNTAIN REGION’S WIL- Sabrina Morales, Priscilla King, Lakeitha DERNESS STEWARDSHIP Lyles, and Diana Edouard, from Wyandanch HON. STEVE ISRAEL AWARDS PROGRAM Memorial High School. OF NEW YORK ´ These students will receive the Honoring IN THE HOUSE OF REPRESENTATIVES HON. RAUL M. GRIJALVA Our Future Leaders Award on February 27, OF ARIZONA Thursday, February 25, 2010 2010. To win this award, they wrote their own IN THE HOUSE OF REPRESENTATIVES Mr. ISRAEL. Madam Speaker, I rise today rendition of the ‘‘I Have a Dream’’ speech de- Thursday, February 25, 2010 livered by Martin Luther King, Jr. to acknowledge a student in my district, Kelly I am proud to honor Sabrina, Priscilla, Weinsenseel, from West Babylon High School. Mr. GRIJALVA. Madam Speaker, I rise Lakeitha, and Diana for their academic and Kelly will receive the Honoring Our Future today honor the employees of Organ Pipe personal achievements and congratulate them Leaders Award on February 27, 2010. To win Cactus National Monument. The staff of Organ upon the receipt of this prestigious award. this award, she wrote her own rendition of the Pipe Cactus National Monument has been f ‘‘I Have a Dream’’ speech delivered by Martin recognized by the Intermountain Region’s Wil- Luther King, Jr. derness Stewardship Awards Program with PERSONAL EXPLANATION I am proud to honor Kelly for her academic the top award for 2009 as true Wilderness and personal achievements and congratulate Champions. HON. JUDY BIGGERT her upon the receipt of this prestigious award. Organ Pipe Cactus National Monument cov- OF ILLINOIS f ers 330,689 acres and, of that acreage, 95 IN THE HOUSE OF REPRESENTATIVES percent is designated wilderness. Founded in CORPORAL JACOB HENRY 1937, the employees of this National Monu- Thursday, February 25, 2010 TURBETT ment have continuously monitored and evalu- Mrs. BIGGERT. Madam Speaker, I was ab- ated the land use and local environment. sent from votes on Monday, February 22, HON. THADDEUS G. McCOTTER President Franklin D. Roosevelt preserved this 2010. The House considered two bills under OF MICHIGAN land for its scenic views but also for its eco- suspension of the rules. Had I been present, IN THE HOUSE OF REPRESENTATIVES logical wonders. Having been occupied by I would have voted ‘‘yea’’ for rollcall 49 and American Indians, Mexicans and Europeans Thursday, February 25, 2010 ‘‘yea’’ for rollcall 50. the diverse history of this land makes it valu- f Mr. MCCOTTER. Madam Speaker, today I able around the globe. In addition, in 1976 the rise to honor Corporal Jacob Henry Turbett, a United Nations bestowed the title of Inter- COMMEMORATION OF TAIWAN’S courageous and noble Marine, who died on national Biosphere Reserve on Organ Pipe ‘‘2–28 MASSACRE’’ February 13 at the age of 21. Corporal Turbett Cactus National Monument further confirming lost his life while bravely supporting combat not only its local importance, but its value HON. SCOTT GARRETT operations in the Helmand Province, Afghani- internationally. Twenty-six species of cactus OF NEW JERSEY stan. flourish in the harsh conditions, as well as IN THE HOUSE OF REPRESENTATIVES Corporal Turbett was a member of the Sec- many species of birds, lizards, bats and ro- ond Combat Engineer Battalion, Second Ma- dents. They all delicately coexist in this won- Thursday, February 25, 2010 rine Division, II Marine Expeditionary Force derful ecosystem. Mr. GARRETT of New Jersey. Madam based in Camp Lejeune, North Carolina. He Until the 1970s, this land was used for Speaker, I rise today to recognize the 63th was a 2007 graduate of Canton High School ranching and mining, making the jobs of the commemoration of Taiwan’s ‘‘2–28 Massacre.’’ and took part in Civil Air Patrol. He came from current staff challenging. Catching up with the In the Fall of 1945, 50 years of Japanese oc- a celebrated military family. His grandfather, damage done during these times has proven cupation of Taiwan ended with World War II. cousin and two of his uncles were in the Ma- to be the stimulus for all the wonderful The United Nations gave administrative control rines. His uncle was in the Navy and his sis- projects taken on by the employees at Organ of Taiwan to the Chinese Nationalist Party. ter, Jaime Turbett, started boot camp in the Pipe. Most notable is the Organ Pipe Cactus After more than a year, the Taiwanese people Navy only ten days before her brother was National Monument Ecological Monitoring Pro- were frustrated by the corruption and eco- killed. Corporal Turbett followed in these proud gram. This program has been diligently work- nomic mismanagement that seemed to plague footsteps by completing tours of duty in Ban- ing since 1997 to monitor and evaluate critical the party. gladesh and Iraq. Additionally, he was sta- aspects of the region. From reporting changes On February 28, 1947, an elderly woman tioned in Okinawa, Japan. He was a hard in the ecosystem, to documenting damage to was arrested and beaten. A group of Tai- worker, a proud and brave American, and a the land by neighboring developers, this pro- wanese confronted the Chinese troops re- loving husband to his wife Crystal, whom he gram has proven vital to the stability of the sponsible. One of the Taiwanese was shot, married in July 2008. Along with his wife and National Monument, as well as to the eco- riots raged, and Chinese soldiers gunned sister he is survived by his mother, Sheila, his system of Southern Arizona. down thousands of unarmed civilians. father, Richard and his brother, Joe Marsh, Organ Pipe Cactus National Monument is During the following days, government who is a sheriff’s deputy in Humboldt County, also a vital part of the community and offers troops arrived from mainland China. The Chi- California. guided tours, hiking, camping, excellent nese soldiers began capturing and executing Corporal Turbett sacrificed everything for his birding and plenty of beautiful picnic areas. leading Taiwanese lawyers, doctors, students, country in Operation Enduring Freedom. To Organ Pipe also offers wonderful educational and other citizens. It is estimated more than his fellow soldiers, his family and friends, and opportunities through student field trips and its

VerDate Nov 24 2008 04:04 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A25FE8.004 E25FEPT1 jbell on DSKDVH8Z91PROD with REMARKS February 25, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E239 participation in the VIEWs program through On December 3, 2009, Mr. Zapata began a as an activist for equality and human rights the National Park Service. hunger strike to protest the human rights viola- will not soon be forgotten. The men and women employed at Organ tions and the repeated beatings by the Cuban I was privileged to know Maurice personally. Pipe monitor this delicate ecosystem while still authorities. After an 83-day hunger strike, Or- Always enthusiastic, I could count on not only preserving this beautiful area. The staff take lando Zapata Tamayo passed away on Tues- his support but his passion. His dedication to bi-annual photos in eight different areas to day, February 23, 2010. the community was never-ending. monitor land use and development along the In mourning the death of Orlando Zapata Madam Speaker, I rise to honor Maurice Mexico border, annually monitor spring and Tamayo, I urge my colleagues to listen to his Grossman and thank him for being a role summer lizards and their habits in the message of freedom and respect for human model for so many of us. Sonoran Desert, and have set up an annual life. As the atrocities he fought against remain f climate monitoring system for which the data the reality of Cuba today, we must continue to are all reported into their ORPI Ecological fight for human rights and the release of all RETIREMENT OF MR. LEW STULTS Monitoring Report. Through the staff’s efforts, political prisoners. the stability of this wonderful, natural resource In light of this tragic death, it is important to HON. HOWARD P. ‘‘BUCK’’ McKEON is protected. recognize the hundreds of activists and pris- OF CALIFORNIA The employees of Organ Pipe Cactus Na- oners of conscience that continue to risk their IN THE HOUSE OF REPRESENTATIVES tional Monument who have been honored with freedoms and their lives in Cuba. One such Thursday, February 25, 2010 this award truly deserve it. They are vital play- man, Normando Hernandez Gonzalez, was ers in the protection of America’s wild lands. also arrested in the massive crackdown on Mr. MCKEON. Madam Speaker, I rise today As a member of the House Committee on Nat- suspected dissidents in March of 2003. Mr. to celebrate the retirement of Lew Stults, who ural Resources and, having seen our commu- Hernandez was sentenced to 25 years in pris- graciously served as my District Director for nity grow to over a million people during my on. While serving this term, his health has de- the past 12 years, representing the needs of lifetime, I know the importance of protecting teriorated significantly and he continues to suf- constituents in the 25th Congressional District these delicate areas. It gives me great joy to fer from several life-threatening aliments. I am of California. A 53-year resident of the Ante- see such wonderful people giving of them- very concerned for his well-being, and along lope Valley, Lew first began working for me in selves to preserve and protect this spectacular with the international human rights community, 1998 and was a direct liaison to residents, region of Southern Arizona. I plead for his immediate release and the re- schools, businesses, city and county govern- f lease of every wrongly imprisoned Cuban. ment officials, civic organizations, and the f local aerospace industry. HONORING MS. DEBRA GABEL Lew was an integral part of my most senior IN HONOR OF MAURICE GROSSMAN staff, forging relationships and addressing HON. BRIAN HIGGINS issues that significantly and positively im- OF NEW YORK HON. RAU´ L M. GRIJALVA pacted Southern California. He became such IN THE HOUSE OF REPRESENTATIVES OF ARIZONA a beloved figure that he was oftentimes re- Thursday, February 25, 2010 IN THE HOUSE OF REPRESENTATIVES ferred to as the ‘‘Congressman of Palmdale.’’ Lew arrived in the Antelope Valley at the Mr. HIGGINS. Madam Speaker, I rise today Thursday, February 25, 2010 age of 10 in 1957, when his family relocated to pay tribute to the years of service given to Mr. GRIJALVA. Madam Speaker, it is my from Portland, Maine. He attended elementary the people of Chautauqua County by Ms. pleasure to rise today to honor Maurice Gross- and middle schools in the Lancaster School Debra Gabel. Ms. Gabel served her constitu- man, one of Tucson’s true treasures, who District and graduated from Antelope Valley ency faithfully and justly during her tenure as passed away January 21st at the age of 82. High School in 1965. He first attended Ante- the Cherry Creek tax collector. Maurice was beloved by many who knew lope Valley College in the fall of 1965, but in- Public service is a difficult and fulfilling ca- him, not just for his art but for his dedication terrupted his education to join the U.S. Navy reer. Any person with a dream may enter but to human rights and the Democratic Party. in 1966. Lew is a Vietnam veteran who served only a few are able to reach the end. Ms. A retired art professor from the University of in an airborne photographic reconnaissance Gabel served her term with her head held high Arizona, Maurice Grossman spent his life as a squadron. After his 4-year service in the Navy, and a smile on her face the entire way. I have ceramic artist, activist and a leader in the Les- Lew returned to the Antelope Valley and again no doubt that her kind demeanor left a lasting bian, Gay, Bisexual and Transgender commu- attended Antelope Valley College. impression on the people of Chautauqua nity. He has had a long and distinguished career County. Maurice served in the Navy during World in sales and marketing, and was elected twice We are truly blessed to have such strong in- War II, before attending Wayne State Univer- to two 4-year terms on the Board of Trustees dividuals with a desire to make this county the sity in Detroit. After attending and teaching at for the Lancaster School District. In 1993 Lew wonderful place that we all know it can be. other universities, he traveled to Japan as a became the founding President of the Lan- Ms. Gabel is one of those people and that is Fulbright scholar, then finally to Tucson to caster Education Foundation, a non-profit cor- why Madam Speaker I rise to pay tribute to teach. poration raising money for children in the Lan- her today. The founder of the University of Arizona’s caster School District. He is a long-time mem- f ceramics program in 1955, Maurice received ber of Lancaster West Rotary Club and is a PRISONERS OF CONSCIENCE IN several prestigious awards during his career, Past President of the Antelope Valley Board of CUBA including a National Endowment for the Arts Trade. grant in 1986 and the UA’s Creative Teaching It has been my absolute honor to have Lew HON. ALBIO SIRES Award. Maurice’s commitment to supporting Stults as a senior advisor and staff member other artists’ was unflagging and genuine. He OF NEW JERSEY for more than a decade. He is a tremendous would invariably turn up at openings and con- IN THE HOUSE OF REPRESENTATIVES man of warm humor, quick wit, and great in- tribute his works to galleries, both big and tegrity. Thursday, February 25, 2010 small. I congratulate Lew on his retirement and Mr. SIRES. Madam Speaker, I rise today to Always the activist, Maurice single-handedly wish him and his wife of 42 years, Karen share my deep sadness over the loss of a took it upon himself to register people to vote. Stults, prosperity in all future endeavors. Cuban prisoner of conscience, Orlando Zapata He felt that it was his duty to make sure that f Tamayo, held by the Cuban regime. everyone, regardless of background, had a Orlando Zapata Tamayo was first arrested voice. When he retired in 1989, he became THE KHOJALY TRAGEDY in March 2003 for participating in a hunger more involved in the effort to help fight dis- strike to demand the release of Dr. Oscar crimination against the LGBT community. HON. BILL SHUSTER Biscet and other prisoners of conscience. Maurice was quoted in a 2004 article as OF PENNSYLVANIA Since his initial arrest and unwarranted impris- saying, ‘‘It’s not just about equal rights for us. IN THE HOUSE OF REPRESENTATIVES onment, the regime consistently increased It’s about equal rights for everyone. Do we Zapata’s prison term up to 47 years. want to take a step forward or a step back?’’ Thursday, February 25, 2010 While in prison, Zapata endured frequent Maurice never stepped back. He was an ex- Mr. SHUSTER. Madam Speaker, one of our beatings and unimaginable living conditions. traordinary man and a true individual. His role greatest strengths as elected officials is the

VerDate Nov 24 2008 04:04 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\K25FE8.004 E25FEPT1 jbell on DSKDVH8Z91PROD with REMARKS E240 CONGRESSIONAL RECORD — Extensions of Remarks February 25, 2010 opportunity to bring to light truths that are little A TRIBUTE TO ALAN AND NANCY NATIVE HAWAIIAN GOVERNMENT known and command recognition. BRODOVSKY FOR THEIR DEDICA- REORGANIZATION ACT OF 2009 TION TO EDUCATION EXCEL- Today, as the cochairman of the House LENCE SPEECH OF Azerbaijan Caucus, I would like to bring to the attention of this body the tragedy that took HON. DENNIS J. KUCINICH HON. JERRY LEWIS OF OHIO place in Khojaly, Azerbaijan, a town and OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES townspeople that were destroyed on February IN THE HOUSE OF REPRESENTATIVES Tuesday, February 23, 2010 26, 1992. Thursday, February 25, 2010 Mr. KUCINICH. Mr. Speaker, I rise today in At the time, the Khojaly tragedy was widely Mr. LEWIS of California. Madam Speaker, I support of H.R. 2314, the Native Hawaiian covered by the international media, including would like to pay tribute today to Alan and Government Reorganization Act, as well as the Boston Globe, Washington Post, New Nancy Brodovsky, who are widely known for the Abercrombie Amendment, and I thank my York Times, Financial Times, and many other their community service in Sacramento, Cali- good friend Mr. ABERCROMBIE for his diligent European and Russian news agencies. fornia, and especially for their devotion to edu- work on this bill. H.R. 2314 is long overdue. Since 1959, Fifteen years later, there is little attention or cation excellence. Madam Speaker, I became aware of and when Hawaii was admitted to the Union as our interest paid to the plight of Khojaly outside of made many friends in the Sacramento Jewish 50th state, Hawaiian home lands—lands to Azerbaijan. community as a result of a decade in the leg- which native Hawaiians are legally entitled— Sadly, Khojaly, a town in the Nagorno- islature and through family connections. I have have been administered by the state govern- Karabakh region of Azerbaijan, now under the always been impressed by the vibrancy and ment of Hawaii in trust with the federal gov- control of Armenian forces, was the site of the commitment of the volunteers in our state cap- ernment. largest killing of ethnic Azerbaijani civilians. ital, and have maintained strong ties with my H.R. 2314 simply provides a process for es- friends there. With a population of approximately 7,000, tablishing a Native Hawaiian governing entity Alan Brodovsky is a Sacramento native who that would represent the interests of Native Khojaly was one of the largest urban settle- has been among the most active in giving his Hawaiians in negotiations with the federal and ments of the Nagorno-Karabakh region of time to the community. He has been particu- state governments. It would also grant the Na- Azerbaijan. larly involved in supporting the establishment tive Hawaiian governing entity sovereign im- According to Human Rights Watch and and growth of the Shalom School, the only munity—the same authority granted to other other international observers the massacre Jewish Day School in Sacramento. He has native Indian governments. was committed by the ethnic Armenian armed spent 25 years in leadership positions on the This bill is about empowerment. Native Ha- board of trustees. He was also instrumental in forces, reportedly with the help of the Russian waiians deserve to be able to advocate for forming an advisory board to establish, build, their self-interest in negotiations with the state 366th Motor Rifle Regiment. Human Rights and manage the investments for Shalom and federal government. Watch described the Khojaly Massacre as School’s endowment program. This bill is about self-determination. Native ‘‘the largest massacre to date in the conflict’’ Mr. Brodovsky has been a volunteer leader Hawaiians deserve a say in the welfare and over Nagorno-Karabakh. In a 1993 report, the of the greater community in many ways, serv- future of their community. watchdog group stated ‘‘there are no exact fig- ing on the board of trustees of Mosaic Law I have visited Hawaii many times, and the ures for the number of Azeri civilians killed be- Congregation, three years as president. He is people of Hawaii are near and dear to my cause Karabakh Armenian forces gained con- currently a member of its foundation board. He heart. They have a rich culture and a beautiful trol of the area after the massacre’’ and ‘‘while is a trustee and treasurer of Hillel of Davis and heritage that they carry on to this day. They Sacramento, vice president of the Trust Fund it is widely accepted that 200 Azeris were deserve a say in their future, and they deserve for Jewish Elderly. He has served on the an equitable remedy to their past treatment. murdered, as many as 500-1,000 may have board of the Jewish Community Foundation of f died.’’ the West, the JCRC, and is the past president At the time, Newsweek Magazine reported: of the Sacramento Junior Chamber. PERSONAL EXPLANATION ‘‘Azerbaijan was a charnel house again last Nancy Brodovsky has been a force in the week: a place of mourning refugees and doz- Sacramento community since she married HON. DENNIS MOORE Alan and moved there in 1985. She has also OF KANSAS ens of mangled corpses dragged to a make- been president of the board of trustees of IN THE HOUSE OF REPRESENTATIVES shift morgue behind the mosque. They were Shalom School, and has served as a trustee Thursday, February 25, 2010 ordinary Azerbaijani men, women and children for the Crocker Art Museum, FamiliesFirst, Mr. MOORE of Kansas. Madam Speaker, of Khojaly, a small village in war-torn Mosaic Law Congregation, TDX, the National Nagorno-Karabakh overrun by Armenian Breast Cancer Fund, Sacramento Jewish Fed- on February 22, 2010, due to weather delays forces on 25–26 February. Many were killed at eration, Sacramento Country Day School and on my flight from Kansas City, I did not cast a recorded vote on H.R. 4425 or H.R. 4238. close range while trying to flee; some had the advisory board of Breakthrough Sac- If I had voted, I would have voted ‘‘yes’’ on their faces mutilated, others were scalped.’’ ramento. Perhaps her most high-profile role has been both. Time Magazine stated ‘‘While the details are as the chairman of the board of directors of f argued, this much is plain: something grim the M.I.N.D. Institute at University of Cali- PAYING TRIBUTE TO THE BUENOS and unconscionable happened in the Azer- fornia, Davis. The M.I.N.D. Institute is a col- AIRES NATIONAL WILDLIFE REF- baijani town of Khojaly two weeks ago. So far, laborative international research center, com- UGE some 200 dead Azerbaijanis, many of them mitted to the awareness, understanding, pre- mutilated, have been transported out of the vention, care and cure of neurodevelopmental ´ disorders, the most well-known of which is au- HON. RAUL M. GRIJALVA town tucked inside the Armenian-dominated OF ARIZONA tism. In addition to being intimately involved in enclave of Nagorno-Karabakh for burial in IN THE HOUSE OF REPRESENTATIVES neighboring Azerbaijan. The total number of setting the course of the institute, Nancy has organized and overseen annual fund-raising Thursday, February 25, 2010 deaths—the Azerbaijanis claim 1,324 civilians events that have raised hundreds of thou- Mr. GRIJALVA. Madam Speaker, I rise have been slaughtered, most of them women sands of dollars for the program. today to pay tribute to all the staff at the Bue- and children—is unknown.’’ Madam Speaker, Alan and Nancy nos Aires National Wildlife Refuge. The Ref- Azerbaijan has been a strong strategic part- Brodovsky have raised two fine sons even as uge consists of a beautiful 118,000 acres of ner and friend of the United States. The trag- they have devoted their time and efforts to mountains, riparian zones, and grasslands in edy of Khojaly was a crime against humanity their community. In tribute to their years of the Southern Arizona desert and contains ma- and I urge my colleagues to join me in stand- dedication, the Brodovskys will be honored by jestic areas such as Brown Canyon, Arivaca the Shalom School in March. I ask you and ing with Azerbaijanis as they commemorate Cienega and the Baboquivari Mountains. my colleagues to join me in commending them The Buenos Aires National Wildlife Refuge this tragedy. for their community work and wish them well is a sanctuary for many different types of wild- in their future endeavors. life including the Pima pineapple cactus, the

VerDate Nov 24 2008 04:04 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A25FE8.009 E25FEPT1 jbell on DSKDVH8Z91PROD with REMARKS February 25, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E241 pygmy-owl and the endangered masked bob- ceeding the initial goal of $250,000. Inspired TRIBUTE TO LIEUTENANT white quail. Additionally, 325 bird species, 53 by this outpouring of support, Stefanie estab- GENERAL LARRY DODGEN species of reptiles and amphibians, 58 mam- lished the Stefanie Spielman Fund for Breast mal species, including mule deer, white-tailed Cancer Research and Stefanie’s Champions, HON. ROBERT B. ADERHOLT deer, pronghorn, javelina, and mountain lions an annual awards program recognizing those OF ALABAMA whose love, dedication and strength have had all call the Refuge home. Without the protec- IN THE HOUSE OF REPRESENTATIVES tion of the Refuge, many of these species a powerful impact on the lives of cancer sur- would disappear and be lost to us forever. The vivors. Stefanie’s fundraising efforts continued Thursday, February 25, 2010 Refuge is also a vital part of the community over the next twelve years and at the time of Mr. ADERHOLT. Madam Speaker, I would and offers guided tours, hiking, camping, her death, the Stefanie Spielman Fund for like to offer my condolences to the family of horseback riding, mountain biking, excellent Breast Cancer Research had raised over $6.5 LTG Larry Dodgen, former head of the Army’s birding, and plenty of beautiful picnic areas. million for breast cancer research, education, Aviation and Missile Command at Redstone The Refuge even offers wonderful educational and patient assistance. Stefanie also helped Arsenal. opportunities through volunteer projects and establish the Stefanie Spielman Patient Assist- On February 20, 2010, I along with many nature workshops. ance Fund, which provides financial support to others across the State and Nation were sad- The men and women employed at the Ref- breast cancer patients and their families who dened to hear of the passing of Retired LTG uge work tirelessly to preserve this beautiful are experiencing financial hardships. Through Larry Dodgen. area. Through their efforts, the Refuge has these efforts, Stefanie has touched the lives of Dodgen served in the U.S. Army from 1972 successfully reintroduced the endangered bob- countless individuals and families who have to 2006. He was awarded the Defense Distin- white quail and the pronghorn deer into the struggled with breast cancer. guished Service Medal, the Legion of Merit wild and ensures their continued protection. The Upper Arlington Historical Society and with two oak leaf clusters, the Meritorious These people are truly the guardians of an en- the city of Upper Arlington have chosen Service Medal with four oak leaf clusters, the vironmental treasure and view their task as a Stefanie Spielman as one of the 2010 induct- Army Commendation Medal and the Army privilege, not just a job. ees to the Upper Arlington Wall of Honor. Achievement Medal. In addition to the wonderful staff at the Ref- Each year, the Historical Society and the city Lieutenant General Dodgen served as the uge, an exemplary group of volunteers known select members of the community who have Commanding General of the U.S. Army Avia- as the Friends of the Buenos Aires National demonstrated outstanding achievement and tion and Missile Command, near Huntsville, Refuge dedicate their time to the community personal character, or provided valuable serv- Alabama, from September 10, 2001, to De- education conservation, and preservation of ice to the community. The induction ceremony cember 16, 2003. this wonderful land. This non-profit group will be held on May 23, 2010, in honor of After retiring from the Army in 2006, Lieu- gives selflessly to promote the goals of the Stefanie, her contributions to Upper Arlington, tenant General Dodgen worked as sector vice Refuge and with the help of the Refuge staff; Columbus, and the search for a cure for president and deputy general manager of the they recently held the 1st Annual Grasslands breast cancer. I am proud to honor Stefanie Missile Defense Division within Northrop Fair to celebrate this beloved land. Spielman, whose leadership and courage in Grumman’s Mission Systems sector. The Buenos Aires National Wildlife Refuge, the fight against breast cancer in the Colum- Lieutenant General Dodgen will be remem- its staff, and the volunteers who dedicate their bus and greater Ohio area has been and con- bered for his outstanding leadership, effective time are all truly valued players in the protec- tinues to be an inspiration. communication, and for making safety and se- tion of America’s wild lands. Being a member f curity the top priority for both his troops and of the House Committee on Natural Re- EXPRESSING APPRECIATION FOR their families. It was an honor to work with sources and having seen our community grow REPRESENTATIVE DALE KILDEE him, and I know he was well-liked and re- to over a million people, during my lifetime, I spected throughout Congress. know the importance of protecting areas like SPEECH OF Our thoughts and prayers are with his wife the Buenos Aires National Wildlife Refuge. It HON. THOMAS E. PETRI Leslie and her family and friends. gives me great joy to see such wonderful peo- OF WISCONSIN f ple giving of themselves to preserve and pro- IN THE HOUSE OF REPRESENTATIVES tect this spectacular region of Southern Ari- RECOGNIZING AND THANKING zona. Tuesday, February 23, 2010 AMERICAN ENTREPRENEURS f Mr. PETRI. Mr. Speaker, I want to acknowledge one of our most devoted and respected HON. ADRIAN SMITH RECOGNITION OF STEFANIE colleagues, Representative DALE KILDEE, and OF NEBRASKA SPIELMAN congratulate him on the casting of his historic IN THE HOUSE OF REPRESENTATIVES 20,000th vote in the U.S. House of Represent- Thursday, February 25, 2010 HON. MARY JO KILROY atives. For those of us in this chamber who OF OHIO have been fortunate enough to work with the Mr. SMITH of Nebraska. Madam Speaker, I IN THE HOUSE OF REPRESENTATIVES gentleman from Michigan, such a remarkable rise today to honor the men and women who are striving to realize the American dream and Thursday, February 25, 2010 achievement comes as no surprise. As my colleagues have justly pointed out, it who will be integral in our economy’s recov- Ms. KILROY. Madam Speaker, I rise today is not only the quantity of votes that makes ery. This week we are recognizing and thank- to honor Stefanie Spielman, a dedicated activ- this feat remarkable, but it is the consistency ing American small businesses and the entre- ist who fought to increase funding for breast with which he has cast them that proves to be preneurs behind them. cancer research and raise awareness about especially noteworthy. Missing only 27 votes Entrepreneurs are a key component to our the disease. Stefanie was diagnosed with since 1977 is a reflection of the pride and seri- Nation’s economy now more than ever. They breast cancer in 1998, survived four bouts of ousness he takes in representing the people are responsible for the creation of two-thirds of cancer and worked tirelessly to raise aware- of Michigan’s Fifth District. all new jobs each year, and their small business about the vital role routine examinations Since entering Congress, I have had the nesses comprise more than 97 percent of all play for women. Stefanie’s death in November honor of serving with Mr. KILDEE on the Edu- employers in the United States—nearly 30 mil- 2009 was a tragic loss for her family and the cation and Labor Committee. He brings the lion businesses in all. Columbus community, but her legacy will live same work ethic to the committee as he has Entrepreneurs are important for the entire on. on the floor of the House. nation, but in Nebraska they are vital. In the After her diagnosis, it became Stefanie’s life Representative KILDEE has set a standard most recent report from the Small Business mission to raise money for breast cancer here in Congress that most will not replicate, Administration, Nebraska has an estimated awareness and research. Her initial efforts but it will indeed continue to inspire and serve 163,077 small businesses which employed were focused locally. Her neighborhood gro- as an example for me and his other col- more than 50 percent of the non-farm private cery store asked shoppers to purchase paper leagues in the House. Once again, I send my labor force, bringing in $6.7 billion in income. footballs, the donations from which would be congratulations on this historic achievement Quite simply, we need small businesses and given to the Arthur G. James Cancer Hospital. and thank Representative KILDEE for his serv- entrepreneurs. They deserve our support and The response was overwhelming. Within six ice to his district in Michigan and to this insti- recognition as they work to rebuild our econ- months donations totaled $1 million, far ex- tution. omy.

VerDate Nov 24 2008 04:04 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\K25FE8.007 E25FEPT1 jbell on DSKDVH8Z91PROD with REMARKS E242 CONGRESSIONAL RECORD — Extensions of Remarks February 25, 2010 All too often there is a tendency to rely on ognize the Prescott Fire Department in Pres- ests of his country, his state, and his constitu- the government to create wealth and pros- cott, Arizona. On March 6th, the City of Pres- ents first and he will be greatly missed by all perity when, in reality, these are created in the cott will celebrate the 125th Anniversary of who knew him. private sector by risk-taking entrepreneurial their Fire Department’s founding. Over the Outside of Pennsylvania, Jack Murtha will Americans with ideas, innovation, and their past 125 years, the brave men and women to be remembered—and rightly so—for his skills own hard work. be honored next Saturday fought some of the in navigating the ins and outs of House rules f most tenacious fires in one of the toughest fire and procedures. He will be remembered as districts in our Nation. Growing up in Arizona, someone who could get things done in Wash- RECOGNITION OF CINDY DYAS I heard stories about the Prescott Fire Depart- ington. ment fighting the fire that destroyed one block As a former colonel in the Marine Corps, HON. MARY JO KILROY of historic ‘‘Whiskey Row’’ in the summer of Jack never forgot Congress’ primary responsi- OF OHIO 1900 and I remember the Indian Fire—a wild- bility to provide for our common defense. His IN THE HOUSE OF REPRESENTATIVES fire that nearly burned through town in the unceasing commitment to our national security will go down as legend in Washington, as will Thursday, February 25, 2010 Spring of 2002. Events like these, gave me a deep respect for firefighters, especially those the work he did on behalf of our men and Ms. KILROY. Madam Speaker, I rise today in Prescott. Since 1885 the citizens of Prescott women in the military through his chairman- to honor Cindy Dyas, a strong, inspirational have benefitted from the expert services pro- ship of the Subcommittee on Defense Appro- woman who fought to raise awareness for vided by Arizona’s oldest fire department and priations. breast cancer as well as the care of patients I look forward to joining the Prescott Fire De- For those of us from Pennsylvania, espe- suffering from the illness. Cindy, diagnosed partment for many future celebrations. cially the western part of the state, Jack will with breast cancer in 1991, was instrumental f always be remembered and greatly missed for in bringing both issues to the forefront in the the dogged determination he showed over his Columbus community. HONORING ALEC ROBINOVITZ, A career to make sure the needs of the people Cindy Dyas played an integral role in bring- TOP YOUTH VOLUNTEER IN he represented were met. ing the Susan G. Komen Race for the Cure to SOUTH CAROLINA There is little doubt that Jack left an indel- Columbus. Since the inaugural race in 1993, ible mark on this House and his impact will the number of participants has grown from HON. HENRY E. BROWN, JR. still be felt long after he is gone. Personally, I will always remember Jack as 800 to 47,000 and has raised $13 million in OF SOUTH CAROLINA a friend to both my father and me over the 36 support of Ohio cancer research. Currently the IN THE HOUSE OF REPRESENTATIVES Columbus Race for the Cure ranks in the top years he served the people of the 12th district 10 for participation among Race for the Cure Thursday, February 25, 2010 of Pennsylvania. events nationwide. Each year her contribution Mr. BROWN of South Carolina. Madam Jack was an extraordinary person—a tire- to breast cancer awareness and research in Speaker, I rise today to recognize Alec less advocate for his constituents, and a Columbus lives on through thousands of cen- Robinovitz, who was named one of two top champion for our national security. We have tral Ohioans who take part in and support the youth volunteers in South Carolina for 2010 by lost a true patriot. I send my condolences to annual Susan G. Komen Race for the Cure. the 15th Annual Prudential Spirit of Commu- Jack’s wife Joyce and their children. My After bringing the Race for the Cure to the nity Awards. thoughts and prayers continue to be with them Columbus area, Ms. Dyas walked in every Alec, a fifth-grade student at East Cooper and the people of the 12th District. race but one and was an active member of Montessori Charter School in Mt. Pleasant, f the Columbus Komen Board. In 2003 she re- S.C., collected more than 3,000 books over HONORING MEHDI MORSHED ceived the Komen Cameo Award, the highest the past two years for patients at the Medical award given to a volunteer by the foundation. University of South Carolina Children’s Hos- HON. DENNIS A. CARDOZA Upon her death in 2005, Susan G. Komen for pital. He is a remarkable and inspirational OF CALIFORNIA the Cure established the Cindy Dyas Award of young man who has chosen to make a posi- IN THE HOUSE OF REPRESENTATIVES Heroism. The award is presented annually to tive impact on his community by reaching out a long-term breast cancer survivor whose to those in need. Thursday, February 25, 2010 dedication to the cure has given strength to I am proud of my constituent, Alec Mr. CARDOZA. Madam Speaker, I rise others in the same way that Cindy Dyas has Robinovitz, who has displayed an incredible today to honor Mr. Mehdi Morshed, who has inspired countless cancer survivors. sense of kindness and commitment to the chil- been one of California’s leading transportation The Upper Arlington Historical Society and dren at MUSC. Thank you, Alec, for your ex- policy experts and innovators for over 40 the City of Upper Arlington have chosen Cindy emplary volunteer service in South Carolina’s years. Dyas as one of the 2010 inductee for the First District, and congratulations on receiving Mr. Morshed served as a member of the Upper Arlington Wall of Honor. Each year the such a noble honor. California High Speed Rail Commission from Historical Society and the city select members f 1994 to 1996 and was the first person to be of the community who have demonstrated an appointed to the board of the newly created outstanding achievement and personal char- IN TRIBUTE TO REPRESENTATIVE California High Speed Rail Authority in 1997. acter, or provided valuable service to the com- JOHN P. MURTHA OF PENNSYL- He was appointed by the board to be the first munity. The induction ceremony will be held VANIA Executive Director of the Authority in 1998 and on May 23, 2010, in honor of Cindy Dyas, her has served in that position since. SPEECH OF contribution to Upper Arlington, Columbus, Mr. Morshed has been instrumental in guid- and the search for a cure of breast cancer. I HON. BILL SHUSTER ing the development of the California High am proud to honor Cindy Dyas, whose leader- OF PENNSYLVANIA Speed Rail Project from its inception and has ship and courage in the fight against breast IN THE HOUSE OF REPRESENTATIVES been an advocate nationwide. The project has cancer in the Columbus and central Ohio area evolved from a planning concept to a fully de- Wednesday, February 24, 2010 has been and continues to be an inspiration. veloped project with an 800-mile system that f Mr. SHUSTER. Madam Speaker, I want to has won political, community, and finally voter thank Representative KANJORSKI for organizing support and is poised for implementation in IN HONOR OF THE PRESCOTT FIRE this afternoon’s special order to honor the the near future. DEPARTMENT’S 125TH ANNIVER- memory of our friend and colleague Jack Mur- Prior to becoming the Executive Director, SARY tha. Mr. Morshed served as the principal policy Over the course of the hour many members person on transportation issues for the Cali- HON. ANN KIRKPATRICK of our delegation and the House will add their fornia State Senate for more than 20 years. OF ARIZONA own personalized sentiments to memorialize Prior to that, he worked for the California De- IN THE HOUSE OF REPRESENTATIVES Jack Murtha and I appreciate the opportunity partment of Transportation in various capac- to add my own remarks today. ities, including planning, design and construc- Thursday, February 25, 2010 Jack Murtha will always be remembered for tion of bridges. He was a member of the de- Mrs. KIRKPATRICK of Arizona. Madam his extraordinary service to his country, both in sign engineering team for San Diego’s Coro- Speaker, I rise today to congratulate and rec- and out of uniform. He always put the inter- nado Bridge.

VerDate Nov 24 2008 04:04 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A25FE8.015 E25FEPT1 jbell on DSKDVH8Z91PROD with REMARKS February 25, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E243 While with the California Senate, Mr. ‘‘Woman of the Year’’ for the 16th Senate Dis- ports the goals and ideals of National African Morshed was responsible for the development trict by former State Senator Jim Costa, ‘‘Mar- American History Month, celebrates the con- and enactment of a wide range of transpor- tin Luther King, Jr. Award’’ and was recog- tributions that African Americans have made tation laws, policies and programs. He helped nized by the Fresno Unified School District for to the transportation and infrastructure of the guide the creation of the State’s principal being a leader in education for the children in United States, and urges the American people transportation institutions including the High the community. to join the House of Representatives in cele- Speed Rail Authority, the California Transpor- Mrs. Ethridge-Williams is married to Lonzell brating these vital contributions. H. Res. 1085 tation Commission and various local and re- Williams and together they raised three chil- is an important measure that pays tribute to gional commissions, transportation districts dren. They have five grandchildren and four African Americans’ crucial role in building our and other agencies. great-grandchildren. nation, innovating new technologies, and help- Educated at the University of Washington, Madam Speaker, I rise today to commend ing create long-lasting economic growth and Seattle, as a civil engineer, he received a and congratulate LaVera Ethridge-Williams prosperity. master’s degree in transportation engineering upon being honored with the ‘‘Trail Blazers I thank Chairman OBERSTAR for his leader- from the University of California, Berkeley. Award.’’ I invite my colleagues to join me in ship in bringing this bill to the floor. I would Madam Speaker, I ask that my colleagues wishing Mrs. Ethridge-Williams many years of also like to thank the author of this legislation, join me in honoring Mr. Mehdi Morshed for his continued success. Congresswoman CORRINE BROWN, for chron- efforts and dedication to the transportation f icling the crucial, and often overlooked contributions of African Americans to our nation’s systems in California. HONORING DR. HERBERT RHODES f growth and progress. Madam Speaker, African Americans have HONORING LAVERA ETHRIDGE- HON. LEE TERRY made significant and far-reaching contributions WILLIAMS OF NEBRASKA to our nation’s transportation systems and crit- IN THE HOUSE OF REPRESENTATIVES ical infrastructure. Thousands of African Amer- HON. GEORGE RADANOVICH Thursday, February 25, 2010 icans overcame racial discrimination, harsh OF CALIFORNIA Mr. TERRY. Madam Speaker, today I rise environmental conditions, and frequently physical danger, to build critical portions of our na- IN THE HOUSE OF REPRESENTATIVES during Black History Month to remember the tion’s highways, bridges, and transit systems. Thursday, February 25, 2010 important contributions African Americans have made to our nation. I want to especially Many African Americans founded aeronautics Mr. RADANOVICH. Madam Speaker, I rise honor the extraordinary people who continue schools that trained pilots who went on to today to commend and congratulate LaVera to help shape our community and our great serve in the military or fly commercial airliners. Ethridge-Williams upon being honored with the nation. I have the privilege of representing Further, African Americans were the source of ‘‘Trail Blazers Award’’ by the African American thousands of successful and talented African innovative designs that helped make our Museum in Fresno, California. Americans in the second congressional district transportation and infrastructure systems mod- Mrs. LaVera Ethridge-Williams was born in of Nebraska, and among those is a special in- ern, efficient, and safe. For example, Garrett Boley, Oklahoma in 1927 to John and Alberta dividual. I would like to pay tribute to Dr. Her- A. Morgan developed the traffic signal, which Ethridge. She was raised in Wewoke, Okla- bert Rhodes. has proven indispensible to our transportation homa where she received her early education. Dr. Rhodes has been a lifelong member of system. Elijah McCoy’s ‘‘lubricating cup’’ auto- As a child, she cared for her younger siblings the Omaha business community. He was fea- matically oiled steam engines, making the rail- while her parents worked. In 1945, Mrs. tured in a 1975 issue of Ebony Magazine, road system dramatically more efficient. Elbert Ethridge-Williams moved to Fresno, California which highlighted successful African Ameri- R. Robinson invented the electric railway trol- and attended Fresno City College and Cali- cans who were leading the way in business. ley, which was adopted by cities across the fornia State University, Fresno. During his 36-year tenure at AT&T, he served country. Humphrey Reynolds produced the In 1968, Mrs. Ethridge-Williams began the as a senior manager specializing in risk man- safety gate on bridges, a development that process of opening a child care center in West agement for worldwide commercial metals. He has made transportation significantly safer. Fresno. She recognized that a child care cen- is the founder and president of American Har- These are only a few examples of the vital ter would be a great asset to a community that vest Company, which was established in contributions of African Americans to transpor- was largely underserved. She faced many ad- 1979. He continues to be a role model for suc- tation and infrastructure in the United States. versities; including obtaining a bank loan and cess as a senior trader for AHT Capital Man- It is perhaps even less well known that dur- attending many hearings with the state board agement Hedge Fund. Dr. Rhodes is a mem- ing the Civil Rights Movement, countless Afri- for the Department of Health and Welfare. ber of the Copper Club and the American can Americans devoted themselves to tireless After four years of perseverance, Mrs. Copper Association. He also serves as sec- activism that led to the desegregation of our Ethridge-Williams was able to open her first retary for the St. Benedict the Moor Catholic nation’s transportation systems and improved private child care center. The center was de- Church, president of the men’s social club working conditions for transportation workers signed specifically for infants and licensed by Work in Progress, and is a member of the of all races across the country. These invalu- the California State Department of Social Wel- NAACP. He has been a member of the Ne- able efforts not only improved our roads, fare. braska Cattlemen Association since 2008 and bridges, and transit systems, but also led to Mrs. Ethridge-Williams quickly began work- now serves as the director of marketing and significant national progress in achieving racial ing on the goal of opening a chain of child commerce. He is the proud father of four chil- equality and reconciliation. It is entirely fitting care centers. She began designing the centers dren and two grandchildren. that we take this opportunity to honor African to be innovative and functional for the edu- Thank you Dr. Herbert Rhodes for your con- Americans’ contributions to our transportation cation of young children. These centers pro- tributions. Your work in our community has and infrastructure and appreciate the innumer- vided valuable early education, emphasizing made a difference many Nebraskans from all able benefits that these efforts yielded for our the importance of school, health, vaccinations, walks of life. nation. nutrition, as well as employment opportunities f Madam Speaker, I urge my colleagues to join me in supporting H. Res. 1085. for the West Fresno residents. HONORING THE CONTRIBUTIONS Mrs. Ethridge-Williams’ love for her commu- OF AFRICAN AMERICANS TO THE f nity and profession was evident throughout TRANSPORTATION AND INFRA- IN MEMORY OF FORMER her life. She is one of the founding members STRUCTURE OF THE UNITED PLEASANTON MAYOR BEN of the Sickle Cell Support Group through her STATES TARVER III membership with the Fresno Chapter of The Links, Inc. For her service, Mrs. Ethridge-Wil- SPEECH OF liams has been recognized and honored with HON. JERRY McNERNEY OF CALIFORNIA many awards; including being named the HON. LAURA RICHARDSON OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES ‘‘Outstanding Black Woman of the Year’’ by IN THE HOUSE OF REPRESENTATIVES Gamma Eta Chapter of the Iota Lambda Soci- Thursday, February 25, 2010 ety, ‘‘Minority Business Enterprise Award’’ by Tuesday, February 23, 2010 Mr. MCNERNEY. Madam Speaker, today the City of Fresno, ‘‘Portrait of Success Ms. RICHARDSON. Madam Speaker, I rise Congressman PETE STARK and I ask our col- Award’’ from the local NBC affiliate, KSEE 24, today in support of H. Res. 1085, which sup- leagues to join in honoring the life of Ben

VerDate Nov 24 2008 04:04 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A25FE8.017 E25FEPT1 jbell on DSKDVH8Z91PROD with REMARKS E244 CONGRESSIONAL RECORD — Extensions of Remarks February 25, 2010 Tarver III, who passed away at age 63 on and businesses to support her effort to feed most $2 trillion increase in the debt limit, with- January 4, 2010. the hungry. Katie is a remarkable young out first exploring other alternatives. We need Ben Tarver was passionate about serving woman who has displayed an incredible sense a plan for reducing spending in both the short the people of Pleasanton. He moved his family of kindness and commitment to the hungry in and long term, and a workable path to balance to Pleasanton in 1974 and raised three chil- South Carolina’s First District. our budget and shrink our national debt. For dren with his wife Margo. He started his 18 Thank you, Katie, for your exemplary volun- example, reducing the authorization for TARP, years of public service by fighting to preserve teer service, and congratulations on receiving cutting wasteful agriculture subsidies to cor- open spaces and promote smart development. this distinguished honor. porate factory farms and cracking down on off- He succeeded in preserving land that is now f shore haven tax cheats could help reduce the a part of the East Bay Regional Park District. debt while Congress works toward enacting a Ben Tarver first served as a planning com- MARGARET REYEZ long term, bipartisan solution that will aggres- missioner and was then elected to the City sively reduce our budget deficits. Council in 1988 and elected Mayor four times HON. THADDEUS G. McCOTTER This year, Congress needs to cut spending from 1992–2000. Ben had a deep rooted OF MICHIGAN and create a bipartisan debt commission, as sense of public service and strong belief in IN THE HOUSE OF REPRESENTATIVES well as enact a strong PAY–GO law that re- giving back to the community in which he Thursday, February 25, 2010 quires any new spending programs be offset lived. When he was not coaching youth soccer elsewhere in the budget. We must find a way or playing in a league himself, Ben was work- Mr. MCCOTTER. Madam Speaker, I rise to control budget deficits or another debt in- ing with the school district to open up school today to acknowledge and honor Margaret crease will likely be inevitable. That’s the re- gyms for community use, promote public parks Reyez, who is the recipient of the ATHENA sponsible strategy for generating surpluses and youth activities. award, which honors outstanding women for like we enjoyed in the 1990s. Ben also represented the City of Pleasanton their leadership. Last week, the Senate had a genuine op- through appointments to numerous other After a 13-year career at St. Mary Mercy portunity to take on our national debt in a bi- Boards, Committees and Commissions. He Hospital in Livonia, Michigan, Margaret found partisan manner as proposed by Senators served on the Bay Area Air Quality Manage- her true calling when she became an Informa- GREGG and CONRAD. Their proposal, which ment District Board, the Alameda County Con- tion and Media Center Clerk for the Westland was supported by a majority of the Senate in- gestion Management Agency Board, the Tri- Public Schools Student Libraries. In the posi- cluding moderate Democrats and Republicans Valley Wastewater Authority, the Livermore- tion she still holds, Margaret promotes literacy but unfortunately killed by a stubborn minority, Amador Valley Waste Management Agency, and the benefit it brings. Margaret is also a would have created a bipartisan commission and fulfilled the role of President of the Ala- featured history presenter in the dramatic pro- that would craft fiscal reforms that Congress meda County Mayor’s Conference and Chair gram of Greenfield Village. Appearing as an would then have to vote on as a single pack- of the Alameda County Local Area Formation 1871 era schoolmarm at the Scott Settlement age. Commission. He was an active member of the School, Margaret brings history to life and I am voting to reject the Senate’s almost $2 League of California Cities, serving as Chair- continues her championship of literacy. Cer- trillion debt increase. Any debt increase that man of the Revenue and Taxation Policy tified in 1987 as a coordinator with Rainbows Congress considers going forward should in- Committee and a member of the Tele- for All God’s Children, a support group for chil- clude a plan for long term debt reduction, such dren suffering the loss of a parent through communications Task Force. as Senator GREGG’s debt commission. Ben’s years of community service touched death or divorce, Margaret lent her caring heart to the most vulnerable in her community. the lives of many and improved the quality of f life in Pleasanton for decades to come. He led In 1990, Mrs. Reyez was certified as a Youth by example and in the words of former Minister, devoting herself to that role at SS. CELEBRATING 110 YEARS OF THE Pleasanton Mayor Tom Pico, ‘‘Ben was a Simon and Jude Church in her hometown of VFW great steward for our city. He set a high stand- Westland. Margaret Reyez graduated in 2001 ard for integrity and did everything possible to from Schoolcraft College with an Associates HON. TED POE protect Pleasanton’s future.’’ Degree in Liberal Arts. She is involved in nu- Ben Tarver’s dedication to public service merous community service programs including OF TEXAS leave a legacy that will continue to benefit the the Red Wagon Literacy campaign. IN THE HOUSE OF REPRESENTATIVES people of Pleasanton, the state of California Mother to three adult children and five Thursday, February 25, 2010 and our great nation for generations to come. grandchildren, perhaps the greatest testament Mr. POE of Texas. Madam Speaker, The It is for these reasons that Congressman PETE to Margaret Reyez comes from her daughter Veterans of Foreign Wars, VFW, celebrated its STARK and I ask our Colleagues to join in hon- who credits her mother with instilling this in oring the memory of Ben Tarver and in send- her children, ‘‘You can be and do anything you 110 years of service recently. Decades ago on ing our thoughts and prayers to his beloved want to if you just keep trying and don’t give September 29, 1899 a small group of Span- family and friends. up.’’ ish-American war veterans came together to speak on behalf of the many veterans who re- f Dedicated to her community, she has tirelessly worked to identify the needs of families turned home wounded or sick. With no med- HONORING KATIE STAGLIANO, A within the Wayne Westland School District, ical care or pension, these brave men were DISTINGUISHED FINALIST OF and is considered a mentor and role model to left to fend for themselves. The first three THE 15TH ANNUAL PRUDENTIAL women in her community. chapters were formed and rapidly gained pop- SPIRIT OF COMMUNITY AWARDS Madam Speaker, Margaret Reyez has ularity throughout the United States, and by forged a legacy of commitment and dedication 1936 proudly declared a membership of al- HON. HENRY E. BROWN, JR. to helping families in the Cities of Wayne and most 200,000 veterans. OF SOUTH CAROLINA Westland. I ask my colleagues to join me The VFW has been in the forefront of helping convey the acknowledgments and benefits IN THE HOUSE OF REPRESENTATIVES today in honoring Margaret, and I congratulate her upon receiving this honor. deserved to those who fought for our country. Thursday, February 25, 2010 f I would like to name a few achievements of Mr. BROWN of South Carolina. Madam the VFW. They assisted in establishing the Speaker, I rise today to recognize Katie H.J. RES. 45—INCREASING THE Veterans Administration, the GI Bill for the Stagliano, one of four distinguished finalists of STATUTORY LIMIT ON THE PUB- 20th Century, and fought for compensation of the 15th Annual Prudential Spirit of Commu- LIC DEBT war related injuries and illnesses. nity Awards. Today, the VFW and Auxiliary volunteer in Katie, a fifth-grade student at Pinewood Pre- HON. GARY C. PETERS the community and donate to college scholar- paratory School in Summerville, S.C., donated OF MICHIGAN ships and provide financial assistance to serv- more than 1,000 pounds of fresh produce to IN THE HOUSE OF REPRESENTATIVES ice men and women and their families. Their local soup kitchens. Even more impressive, list of accomplishments is long and diverse. I Katie produced the vegetables from five gar- Thursday, February 25, 2010 would like to thank each member and the dens that she tends. She has since recruited Mr. PETERS. Madam Speaker, there is no VFW as a whole for their steadfast hard work friends, family, members of the community way I can in good conscience vote for an al- in giving back to those who gave so selflessly.

VerDate Nov 24 2008 04:04 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00008 Fmt 0626 Sfmt 0634 E:\CR\FM\A25FE8.021 E25FEPT1 jbell on DSKDVH8Z91PROD with REMARKS February 25, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E245 A TRIBUTE IN RECOGNITION OF small, two-classroom center opened on the forts and wish him and the Town of Normal SISTER JENNIE LECHTENBERG donated property in 1994 in temporary trailers continued growth and success for years to UPON HER RETIREMENT FROM where students received English instruction come. PUENTE LEARNING CENTER and basic computer skills. f AFTER 25 YEARS AS ITS FOUND- Community demand in South Los Angeles ER AND CHIEF EXECUTIVE OFFI- for additional classes, especially for children HEALTH INSURANCE INDUSTRY CER and adolescents, prompted the launch of a FAIR COMPETITION ACT second capital campaign to construct a per- SPEECH OF HON. LUCILLE ROYBAL-ALLARD manent $5 million South Los Angeles home. OF CALIFORNIA The 20,000-square-foot facility opened in No- HON. BART STUPAK IN THE HOUSE OF REPRESENTATIVES vember 1999. A multi-purpose room was OF MICHIGAN added to the new facility in December 2001. Thursday, February 25, 2010 IN THE HOUSE OF REPRESENTATIVES Today, approximately 2,000 students attend Ms. ROYBAL-ALLARD. Madam Speaker, I classes each day in Boyle Heights and South Wednesday, February 24, 2010 rise today to recognize Sister Jennie Los Angeles. PUENTE’s tuition-free programs Mr. STUPAK. Mr. Speaker, the insurance in- Lechtenberg on the occasion of her retirement include: Preschool Readiness; Charter Kinder- dustry and Major League Baseball are the last from PUENTE Learning Center—the edu- garten; After School Enrichment; High School industries in our country not subject to Federal cational organization she founded which has Tutorial; and Adult Education including English anti-trust laws. served more than 80,000 students since its in- as a Second Language, Adult High School Di- The insurance industry can collude to set ception 25 years ago. ploma, Job Training, and Computer Repair/A+ rates, resulting in higher premiums than true Sister Jennie’s visionary and lifelong com- Certification Preparation. competition would achieve. mitment to educating residents of low-income, Madam Speaker, on March 18, 2010, the Because of the exemption, rate increases underserved communities dates back to 1954 community will gather at a gala dinner to are not reviewed by the Federal Government. when she joined the Sisters of the Holy honor Sister Jennie’s outstanding contributions Today I held a hearing of the Energy and Names of Jesus and Mary. After earning a as founder of PUENTE and to celebrate the Commerce Subcommittee on Oversight and Bachelor’s Degree from Holy Names College 25th anniversary of this life-transforming orga- Investigations evaluating the most recent and in Oakland, California, Sister Jennie worked nization which has given hope and opportunity egregious example of this. In California, as a teacher and administrator in Los Ange- to countless individuals at the centers in Boyle WellPoint’s Anthem Blue Cross plan recently les-area Catholic schools for more than three Heights and South Los Angeles. raised premiums by an astounding 39 percent. decades. I ask my congressional colleagues to please One of the most effective actions Congress It was during a three-month sabbatical in join me in thanking Sister Jennie for her many can take to lower health care costs is to re- 1983 that Sister Jennie received her inspira- years of exemplary service to the community. move the health insurance industry’s anti-trust tion for PUENTE Learning Center. After In addition to witnessing her incredible con- exemption. launching tutoring programs for low-achieving tributions to Los Angeles over the years, I am This legislation would create competition in first- and second-graders at several public also proud to call her a dear friend. the health insurance market and lower the schools in Boyle Heights located in the heart As Sister Jennie transitions into retirement, overall cost of health insurance for consumers. of my congressional district, Sister Jennie ob- we commend her for her leadership and hard According to the American Medical Associa- served firsthand that the children struggling work to develop PUENTE into the nationally tion, 94 percent of insurance markets in the the most in school came from homes in which and internationally renowned educational cen- United States are now highly concentrated. In parents lacked basic education and/or English- ter for children, youth and adults that it is my state of Michigan, one company controls language proficiency. today. 63 of the health insurance market. It was then Sister Jennie made it her mis- We extend to her our most heartfelt grati- Insurers are thriving in the anti-competitive sion to address the broader educational needs tude and best wishes. marketplace, raking in enormous profits and of the entire family. To enable parents to as- f paying out huge salaries to top executives. sist their children academically, she initiated Meanwhile, American families are struggling an English-language-acquisition class for IN CELEBRATION OF TOWN OF to pay their mortgages, credit card bills and adults. As an intergenerational, family-oriented NORMAL MAYOR CHRIS KOOS medical expenses. Many are losing their educational organization, these classes served BEING NAMED AS AN ENVIRON- health insurance altogether with the loss of as the organization’s academic foundation. In MENTAL HERO BY THE STATE their jobs. recognition of the center’s broader purpose to OF ILLINOIS Yet health insurance companies continue to improve the lives of adults and children in the thrive, at the expense of struggling Americans. home and in the community, Sister Jennie HON. DEBORAH L. HALVORSON It is about time that insurance companies aptly named the center PUENTE—the Span- OF ILLINOIS play by the same rules as every other Amer- ish word for bridge and an acronym for People IN THE HOUSE OF REPRESENTATIVES ican industry. United to Enrich the Neighborhood Through I urge Members to support this legislation, Thursday, February 25, 2010 Education. to a establish a fair insurance market that en- Sister Jennie’s vision and commitment to Mrs. HALVORSON. Madam Speaker, today courages competition and lower costs. PUENTE’s future also brought key support I rise to recognize Mayor Chris Koos of the f from generous donors. Prior to being elected Town of Normal, for being named by Governor Mayor of Los Angeles, Richard J. Riordan pur- Patrick Quinn as an ‘‘Environmental Hero’’ by HONORING THE LIFE AND ACCOM- chased property for PUENTE on Boyle Ave- the State of Illinois. The award is given in rec- PLISHMENTS OF GEORGE RIOS nue. Classes were held on the property in 10 ognition of a strong commitment to the health UPON HIS RETIREMENT double-wide trailers. At Sister Jennie’s urging, and protection of the environment in Illinois. foundations, corporations, and individuals sup- Through strong leadership and commitment HON. ZOE LOFGREN ported an ambitious $10 million capital cam- to sustainable practices, Mayor Koos was at OF CALIFORNIA paign launched in 1992 to fund the construc- the forefront of creating a pedestrian-friendly IN THE HOUSE OF REPRESENTATIVES tion of the center’s 40,000-square-foot perma- community that has attracted Fortune 500 nent home in Boyle Heights. The stunning companies and over $200 million in private in- Thursday, February 25, 2010 new technologically-sophisticated center vestment. In addition, Uptown Normal is the Ms. ZOE LOFGREN of California. Madam opened in 1995. first neighborhood in the United States to re- Speaker, I rise today to honor the life and ac- During this same time period, efforts were quire Leadership in Energy and Environmental complishments of a distinguished member of underway to expand PUENTE into South Los Design (LEED) certification for new buildings. my community, George Rios. After more than Angeles, an impoverished community strug- Having had the opportunity to work with thirty years of service, George is retiring from gling to recover from the 1992 riots. Following Mayor Koos, I know first-hand that this award the City of San Jose on March 6, 2010. the civil unrest, the ARCO Foundation invited is well deserved. His dedication to innovative, In the great tradition of the American PUENTE to establish a satellite campus on cleaner and greener initiatives, has improved Dream, Mr. Rios is the son of Mexican immi- land that previously housed an ARCO service the quality of life for the citizens of the Town grants. He grew up in Oakland, California and station that had been destroyed in the riot. A of Normal. For this, I commend him for his ef- spoke no English as a child. His father was a

VerDate Nov 24 2008 04:04 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\K25FE8.016 E25FEPT1 jbell on DSKDVH8Z91PROD with REMARKS E246 CONGRESSIONAL RECORD — Extensions of Remarks February 25, 2010 stucco factory worker, and his mother took from the USDA and how such actions have sessed, and sacrifices made, by our men and care of George along with his 2 brothers and seriously disadvantaged them. women in the armed forces, and their families. 1 sister. To help support the family, George The discrimination cost some of the women We were all blessed by his presence and we and his brothers and sister took odd jobs, farmers their livelihoods and discouraged fu- are all diminished by his passing. I, and the such as picking fruit, and loading and unload- ture generations of women farmers from con- grateful citizens of Indiana’s Second District ing produce. sidering this an honorable profession. are deeply saddened by his loss, especially Mr. Rios graduated from high school in I applaud the USDA and the Obama admin- for his family, our community and our country. 1969, and then went to college at San Jose istration for reaching an agreement with black We mourn his passing and offer solemn grati- State University and graduated in 1974. He farmers over racial discrimination, however, tude for his service. graduated from University of California’s Davis we can not forget about the other groups that King Hall School of Law in 1977. have faced discrimination at the USDA, includ- f After completing his legal studies, George ing women farmers. IN RECOGNITION OF THE FARM- worked at San Jose Legal Aid helping indigent The Equality for Women Farmers Act INGTON/FARMINGTON HILLS clients with civil legal issues. After two and a changes USDA policy to provide a procedure FOUNDATION FOR YOUTH AND half years at Legal Aid, George was hired at for compensating women farmers who have FAMILIES ON CELEBRATING ITS the Office of the San Jose City Attorney. He suffered years of gender discrimination from 15TH ANNIVERSARY began work in January of 1980 under then- the USDA. This legislation will establish a City Attorney Bob Logan. After only five years, compensation fund for women farmers and set he was promoted to the position of Assistant up a process to review and adjudicate their HON. GARY C. PETERS City Attorney. George has handled complex claims. OF MICHIGAN lawsuits for the City including arguing numer- I support the Equality for Women Farmers IN THE HOUSE OF REPRESENTATIVES ous cases in State and Federal courts. He has Act because I believe strongly that all farmers, Wednesday, February 3, 2010 argued 2 cases before the California Supreme regardless of gender, should be given the op- Court and assisted in arguing one case before portunity to succeed. I urge my colleagues to Mr. PETERS. Madam Speaker, I ask my the United States Supreme Court. support this important legislation. colleagues to join me in celebrating the 15th anniversary of the Farmington/Farmington Hills George has served on the Mayors’ Gang f Prevention Task Force and the Task Force to Foundation for Youth and Families. As a implement Fast Track rules in Superior Court. HONORING THE LIFE AND SERVICE Member of Congress, it is both my honor and He has been active in the Bar, served as a OF LANCE CORPORAL JOSHUA H. privilege to recognize this important milestone pro tem judge, a trustee for the Santa Clara BIRCHFIELD and pay tribute to this outstanding organiza- County Bar Association, and as a member of tion. the La Raza Lawyers Association. He has also HON. JOE DONNELLY The Foundation was created in 1995 with the focus of assisting youth through supporting served on the Board of Directors of the Alma- OF INDIANA after-school programs. Over the Foundation’s den Valley Counseling Center, and as a mem- IN THE HOUSE OF REPRESENTATIVES 15 years it has awarded almost $500,000 to ber of the California Council for Criminal Jus- Thursday, February 25, 2010 tice and the Legal Advocacy Committee of the 37 different non-profit groups. The Foundation League of California Cities. Mr. DONNELLY of Indiana. Madam Speak- has since grown and expanded its focus to George is a tremendous role model and is er, today, I rise to solemnly honor Lance Cor- support a wide-range of community based pro- a valued member of the San Jose community. poral Joshua Birchfield for his dedication and grams which work to enrich the lives of Farm- I wish him, his wife and three sons the very service to the United States of America. LCpl ington and Farmington Hills residents. Each best as he enjoys his retirement. Birchfield, a 24-year-old member of the Marine year the Foundation holds an annual gala to Corps, was killed on February 19, 2010 by highlight the work of programs it has sup- f small arms fire while conducting combat oper- ported, as well as raise support and aware- H.R. 4264 THE EQUALITY FOR ations in Helmand Province during his first ness for future projects. At its 2009 gala, the WOMEN FARMERS ACT tour of duty to Afghanistan. Joshua risked ev- Foundation introduced its ‘‘Bountiful Back- erything to serve his country, and for that we pack’’ program, which arose out of the need to HON. ANNA G. ESHOO are eternally grateful. ensure that the substantial number of children OF CALIFORNIA Joshua graduated from Westville High who are on free and reduced lunch in our schools continue to have those same healthy IN THE HOUSE OF REPRESENTATIVES School in 2004 and enlisted in the Marine Corps on April 18, 2008. He joined the Ma- nutritional options outside of school. Thursday, February 25, 2010 rines after seeing a TV news segment focused This year the Foundation honors George Ms. ESHOO. Madam Speaker, I rise in sup- on the hardships military families endure when and Delores Riley, whose philanthropic work port of and very proud to cosponsor the they are separated, especially during the holi- has left a profound positive impact on the Equality for Women Farmers Act, introduced days. He was deeply inspired by those who communities and citizens of Farmington and by Congresswoman DELAURO. dedicated their lives in the service of others, Farmington Hills. After nearly 30 years of run- I thank Congresswoman DELAURO for her and he wanted to share the burden they were ning a highly successful communications busi- leadership on behalf of women farmers. After carrying on behalf of our nation. LCpl ness, in 1998 George Riley sold his company being presented with the facts about the U.S. Birchfield was stationed in Helmand Province and started the Riley Foundation. According to Department of Agriculture’s history of discrimi- as a rifleman with the 3rd Battalion, 4th Ma- Mr. Riley, he started the foundation to ‘‘really nation toward women farmers, Congress- rine Regiment, I Marine Expeditionary Force help children.’’ Mr. Riley’s vision and commit- woman DELAURO became their champion and based in Twentynine Palms, California. For his ment continues today with the Rileys’ children. crafted H.R. 4264, the Equality for Women service and support in Operation Enduring The Riley Foundation’s latest major project Farmers Act. Freedom, he has been awarded multiple mili- created a park in downtown Farmington which Like Congresswoman DELAURO, I’m proud tary awards including the Purple Heart, Com- has been a haven for children and their fami- of the important role women farmers have bat Action Ribbon, National Defense Medal, lies in the Farmington area. Beyond local played in the development of our nation’s food Afghanistan Campaign Medal, Global War on projects, the Riley Foundation has done ex- system, but I was shocked to learn about the Terrorism Service Medal, Sea Service Deploy- traordinary work for the less fortunate world- discrimination that many women farmers have ment Ribbon and the NATO Medal. wide and has recently partnered with public been subjected to by the USDA. A baseball enthusiast, Joshua was a hero to television to develop a new broadcast center In December, Congresswoman DELAURO many in the Westville community and will be for the Metro-Detroit market. and I listened to six extraordinary women remembered as the selfless and compas- Madam Speaker, I am honored today to rec- farmers who shared their stories about dis- sionate human being he was. Joshua is sur- ognize the Farmington/Farmington Hills Foun- crimination from the USDA. This discrimination vived by both his parents and sisters, ex- dation for Youth and Families on the occasion has come in many forms including denied ac- tended family and many friends. of its 15th anniversary and wish them many cess to even an application form. It is my solemn duty, and humble privilege, more years of continued success in creating a More than 1,900 women farmers across the to honor and remember Lance Cpl. Joshua H. stronger Farmington/Farmington Hills commu- U.S. have detailed the discrimination they suf- Birchfield and a life cut tragically short. Joshua nity through its support of projects which en- fered in seeking farm loans and assistance stands as a testament to the great honor pos- rich the lives of area residents.

VerDate Nov 24 2008 04:04 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00010 Fmt 0626 Sfmt 0634 E:\CR\FM\A25FE8.023 E25FEPT1 jbell on DSKDVH8Z91PROD with REMARKS February 25, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E247 HONORING FRANK HAYES County living in poverty. From these leaders proached, the woman retreated further into her came invitations to colleagues to join the effort smoke-filled apartment where she collapsed. HON. LEE TERRY and a volunteer organization named the COM- Pushing into the apartment, Firefighters Dunne OF NEBRASKA PACT was born. Since 1990, thousands of and Johnston carried the woman out of the IN THE HOUSE OF REPRESENTATIVES students have participated in the COMPACT’s building and to safety. projects and from those projects created The brave actions of Sergeant Joseph Thursday, February 25, 2010 awareness, motivation, and direction for many Matteoni and Firefighters Gary Dunne and Jeff Mr. TERRY. Madam Speaker, today it is my young people. Johnston are a testament to the finest tradi- privilege to rise during Black History Month, a In November of 1994, the COMPACT en- tions of the Grass Valley Police and Fire De- time when we remember the important con- tered into a partnership with the University of partments. It is my honor to recognize and tributions African Americans have made to our Illinois Extension in McLean County. The orga- thank them for their commitment to going well nation. I want to especially honor the extraor- nization continued to move forward, hiring an above and beyond the call of duty in service dinary people who continue to help shape my executive director who coordinates among the to our community. community and our great nation. I represent COMPACT’s 250 members. In its 20th year, thousands of successful and talented African the COMPACT focuses on 8 project areas in- f Americans in the Second Congressional Dis- cluding the original Sixth Grade Business Edu- IN SUPPORT OF KFUO 99.1 FM trict of Nebraska. Today I would like to pay cation Partnerships, Principal for a Day, and ‘‘CLASSIC99’’ special tribute to Frank Hayes. Career Preparation Realities. It also serves at- Mr. Hayes is a CPA in Omaha. He was the risk youth through Achieving Competence in first African American in the state of Nebraska Education and brings technology to homes of HON. WM. LACY CLAY to receive his license to practice public ac- students without it through the Clearinghouse OF MISSOURI countancy. He owns his own business, dealing Project. More recently, the COMPACT has de- IN THE HOUSE OF REPRESENTATIVES with individual and corporate tax. He began veloped youth leadership activities through Thursday, February 25, 2010 his business in 1983 and now has more than Teens in Prevention and YouthLEADS, offer- 20 employees serving more than 100 clients in ing opportunities for youth to help their peers Mr. CLAY. Madam Speaker, I stand today 15 states. He is also a founding member and find the correct path. on behalf of my constituents and with my was the first president of the 100 Black Men I would like to commend the McLean Coun- friend and colleague Congressman JOHN organization, which is dedicated to improving ty Community COMPACT staff, volunteers and SHIMKUS to raise further concern about the the lives of youth. He has worked tirelessly to board of directors for their commitment and in- pending sale and format change of Classic99. help minorities start their own businesses and novative collaborative efforts in preparing the As St. Louis’s only classical radio station, is currently the executive vice president for fi- youth of McLean County for the world of work. Classic99 is a true asset to our city. nance for the 100 Black Men of America Na- I wish them many more years of continued As Congressman SHIMKUS noted, the sale of tional Board of Directors. In 2009, Mr. Hayes success. KFUO 99.1 FM by the Lutheran Church—Mis- souri Synod is currently under review by both was inducted into the Omaha Business Hall of f Fame and the Omaha Technical High School the Media Bureau and the FCC. While we cer- Hall of Fame for outstanding accomplishments HONORING THE HEROIC ACTIONS tainly do not wish to exact undue influence on in business and community service. OF SERGEANT JOSEPH either of these agencies, our constituents have Thank you Frank Hayes for everything you MATTEONI AND FIREFIGHTERS made clear to us their concerns, and we agree have done in your long and distinguished ca- GARY DUNNE AND JEFF JOHN- that this loss will be a blow to the wealth of reer, making a difference in the lives of thou- STON DURING THE 309 MILL our region’s culture and economy. We hope sands of people, especially our young people. STREET APARTMENT FIRE OF that these negative impacts will be considered AUGUST 30, 2009 while reviewing this sale. f We have seen that losing the arts can IN CELEBRATION OF THE TWEN- HON. TOM McCLINTOCK wreak havoc on a community, and the Metro TIETH ANNIVERSARY OF THE OF CALIFORNIA East region will be no different. If Classic99 is MCLEAN COUNTY COMMUNITY converted to a different music format, the cul- IN THE HOUSE OF REPRESENTATIVES COMPACT tural and economic consequences will be dis- Thursday, February 25, 2010 mal. The world-renowned St. Louis Symphony HON. DEBORAH L. HALVORSON Mr. MCCLINTOCK. Madam Speaker, I rise Orchestra will lose airtime and its chief adver- OF ILLINOIS today to recognize the heroic actions of Ser- tising venue, forcing gifted musicians and staff IN THE HOUSE OF REPRESENTATIVES geant Joseph Matteoni of the Grass Valley to suffer even more pay cuts and freezes. Police Department and Firefighters Gary Losing Classic99 will result in a cultural deficit Thursday, February 25, 2010 Dunne and Jeff Johnston of the Grass Valley as well. 94% of readers polled by the St. Louis Mrs. HALVORSON. Madam Speaker, today Fire Department, Engine 1, during the 309 Mill Post-Dispatch feel that the loss of Classic99 I rise to recognize the 20th Anniversary of the Street Apartment Fire. ‘‘takes away a vital voice for the arts in this McLean County Community COMPACT (Col- On the morning of August 30, 2009, fire and community,’’ and will detrimentally affect their laborating on Meaningful Partnerships and Ca- police units were dispatched to an apartment ability to support local artists. reers for Tomorrow). The COMPACT, through building fire at 309 Mill Street in Grass Valley, Arts education organizations throughout my a coalition of business, education, community, California. Upon arriving at the scene of the district, like the Opera Theater of St. Louis, and government volunteers, offers support to fire, responders were informed by local citi- the St. Louis Art Museum, and the Touhill Per- school-aged youth in McLean County, Illinois. zens that residents were trapped inside the forming Arts Center, will lose their only major The COMPACT helps youth become self-suffi- building. arena for audience-building, live broadcasts, cient, contributing citizens, through an effec- Sergeant Matteoni heard faint cries for help and fund-raising. The loss of revenue will tive transition from formal schooling to the emanating from the backside of the second hinder arts and music education in the district, world of work. story of the building. Without hesitation, and further impairing opportunities for our young The COMPACT offers a variety of sup- disregarding his own personal safety, Ser- people to be enriched through the arts. We portive special programs and services for stu- geant Matteoni rushed into the smoke-filled know that arts education gives youths self- dents, teachers, and educational entities building. Battling extreme heat and smoke, confidence and increases academic achieve- through a collaborative effort among business Sergeant Matteoni carried a woman out of the ment. We simply cannot afford to sacrifice and community leaders. The COMPACT pro- building and with the assistance of Officer Dan these opportunities, and I am deeply troubled motes active exchange of resources among Kimbrough, moved her to safety. by the idea that more educational outlets for businesses and educational entities, including Meanwhile, Firefighters Dunne and John- our children will be put in jeopardy by this the participation of students in research ston entered from the front of the building. move. projects. Forced to crawl on their bellies because of the I firmly agree with my colleague that the The McLean County Community COMPACT thick smoke and extreme heat, the firefighters negative impact these cultural and economic was born in 1989 when a small group of local pushed through the burning building toward changes will have on the local community leaders met to address the high school drop- cries for help, finding a second woman stand- should play a role in determining the sale of out rate and the number of children in McLean ing disoriented in the hallway. As they ap- 99.1.

VerDate Nov 24 2008 04:04 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00011 Fmt 0626 Sfmt 0634 E:\CR\FM\A25FE8.027 E25FEPT1 jbell on DSKDVH8Z91PROD with REMARKS E248 CONGRESSIONAL RECORD — Extensions of Remarks February 25, 2010 COMMENDING JOHN ANTON OF Upon seeing the suspect, Dr. Benke, in a ors the life and sacrifice of Medgar Evars, rec- HAVERHILL moment of extreme bravery, rushed towards ognizes the important role he played in pro- the shooter, wrestled him to the ground, and gressing the cause of civil rights, and con- HON. NIKI TSONGAS held on as his colleagues helped subdue the gratulates the United States Navy for honoring OF MASSACHUSETTS shooter. him with the naming of the United States IN THE HOUSE OF REPRESENTATIVES He broke up a potentially deadly school naval ship Medgar Evars. H. Res. 1022 is an shooting, and if it were not for the rapid and Thursday, February 25, 2010 important measure that pays tribute to an indi- selfless actions of Dr. Benke and his col- vidual who sacrificed his life fighting for the Ms. TSONGAS. Madam Speaker, today I leagues it could have been a much more vio- core American values of equality and civil pay tribute to John Anton, the National Down lent and tragic encounter. rights. Syndrome Society 2010 Advocate of the Year. When asked about his actions, Dr. Benke I thank Chairmen CONYERS for his leader- Mr. Anton is a resident of Haverhill, Massa- modestly remarked, ‘‘If something happens ship in bringing this bill to the floor. I would chusetts in my congressional district. Through- and there’s something I can do about it, I want also like to thank the author of this legislation, out his life, Mr. Anton has been a leader and to try and do something about it.’’ Congressman HANK JOHNSON, who has taken advocate for those with intellectual and devel- He did more than just ‘‘something.’’ the time to remember the invaluable work of opmental disabilities. His work has touched There are many heroes in our midst, and Medgar Evars and to celebrate the United thousands of lives, and his efforts should be sometimes it takes an extraordinary moment States Navy’s efforts to honor this American recognized and emulated. of danger to bring out their true valor. hero. The National Down Syndrome Society is the The people of the Sixth District are fortunate Medgar Evars was born in 1925 in Decatur, national advocate for the value, acceptance to have Dr. Benke in our community. It is ordi- Mississippi. Growing up in the heart of the and inclusion of people with Down Syndrome. nary people like him who do extraordinary segregated South, Medgar Evars experienced The Advocate of the Year honor commends things that keeps our community safe. the worst of racial oppression. Still, in 1943, Mr. Anton’s work to enhance the quality of life f he volunteered to serve his country in World for those with intellectual and developmental War II, and fought valiantly with the United disabilities, while helping them to realize their RECOGNIZING GREG FIRST OF DADE CITY, FLORIDA States Army in the Battle of Normandy. life aspirations and become valued members After fighting overseas for the cause of free- of their communities. HON. GINNY BROWN-WAITE dom and democracy, Medgar Evars returned Mr. Anton certainly deserves this award. He home to a segregated country as a second- OF FLORIDA has committed his life to helping individuals class citizen. He dedicated himself to activism, IN THE HOUSE OF REPRESENTATIVES adapt to their disabilities, achieve their great- working tirelessly for the cause of racial equal- est potential, and work toward productive, Thursday, February 25, 2010 ity on behalf of the National Association for independent lives. Ms. GINNY BROWN-WAITE of Florida. the Advancement of Colored People (NAACP). In Massachusetts, Mr. Anton was heavily in- Madam Speaker, I rise today to honor Greg volved in efforts to change the name of the As a result of his activism, Medgar Evars was First of Dade City, FL. for most of his life, state Department of Mental Retardation to the the target of numerous death threats and as- Greg has been a faithful servant to his com- Department of Developmental Services. He sassination attempts. But his bravery and munity; volunteering himself to many causes was determined to bring awareness to this dedication knew no bounds and he continued which have helped to enrich the lives of many. his important work until he was tragically mur- cause, and was successful in his endeavor. Born to Jimmy and Mary First in Bedford, Massachusetts adopted the new name in dered on June 12, 1963. Ohio, Mr. First moved to Zephyrhills with his It is entirely fitting that we honor Medgar 2009. He is to be congratulated on this family at the age of 10. After graduating from Evars, who in his life as well as his death, achievement. Zephyrhills High School, he attended the Uni- Mr. Anton served as the Chairman of Mas- helped move our country out of a time of op- sachusetts Advocates Standing Strong. He versity of Maryland and served in the United pression and segregation and into an era of spent time as a legislative intern with State States Air Force from 1968 to 1972. greater tolerance and equality. Mr. First has volunteered himself, quite lit- Representative Tom Sannicandro and also It is equally fitting that the United States erally, having donated a total of 16 gallons of worked for the Arc of Greater Haverhill-New- Navy has chosen to honor Medgar Evars with blood while director of public relations for buryport. Throughout his life, he has mentored the naming of the United States naval ship Blood Net, in addition to volunteering for others with disabilities and has been a great Medgar Evars. This ship, a Lewis and Clark Meals on Wheels, Relay for Life, and a local inspiration to many. We in Massachusetts are class dry cargo ship, is a state-of-the-art ves- Hospice. He has kept up the spirits of grateful for his service to the Commonwealth. sel that will provide essential logistics support Madam Speaker, I hope my colleagues will Zephyrhills residents as an announcer for to Navy operations around the world. Just as join me today in congratulating John Anton for Main Street Parades and high school football Medgar Evars helped bring our nation racial receiving the National Down Syndrome Soci- games. A three-time president of the Chamber reconciliation, the United States naval ship ety 2010 Advocate of the Year, and for his ef- of Commerce, Mr. First has been a Christian Medgar Evars will help the Navy to promote forts and dedication to a cause for which he Radio DJ, a lifetime Am Vet Member, and he peace and conflict resolution throughout the is so passionate. even started his own local news website, world. This ship is one more way in which the We thank you, Mr. Anton, for your ongoing ‘‘What’s Up Zephyrhills?’’ life and sacrifice of Medgar Evars will continue service to those with intellectual and develop- Madam Speaker, on February 26, the Con- to serve as a beacon of equality. mental disabilities and look forward hearing of servative Club of East Pasco will honor Greg’s Madam Speaker, I urge my colleagues to your continued successes. achievements with the Lincoln Heritage join me in supporting H. Res. 1022. f Award. I ask you to join me today to honor f him on the floor of this house. May we all give HONORING DR. DAVID BENKE back to our communities as much as Mr. First IN HONOR AND REMEMBRANCE OF has. LINDA GROVER HON. MIKE COFFMAN f OF COLORADO HON. DENNIS J. KUCINICH HONORING THE LIFE AND SAC- IN THE HOUSE OF REPRESENTATIVES OF OHIO RIFICE OF MEDGAR EVARS AND IN THE HOUSE OF REPRESENTATIVES Thursday, February 25, 2010 CELEBRATING THE UNITED Thursday, February 25, 2010 Mr. COFFMAN of Colorado. Madam Speak- STATES NAVY FOR NAMING A er, I rise to honor Dr. David Benke, a math SUPPLY SHIP AFTER MEDGAR Mr. KUCINICH. Madam Speaker, I rise teacher at Deer Creek Middle School in Little- EVARS today in honor of Linda Grover, an author and ton, Colorado. an activist for global peace. Ms. Grover turned Dr. Benke is an ordinary American—hus- HON. LAURA RICHARDSON her strong sense of justice into words and actions. Ms. Grover consistently fought for the band, father, teacher and coach—but his ac- OF CALIFORNIA tions this week in the face of grave danger IN THE HOUSE OF REPRESENTATIVES common good as a volunteer and as a leader were nothing short of extraordinary. on behalf of numerous local, national and As school was letting out on Tuesday, a Thursday, February 25, 2010 international projects. gunman approached and opened fire on stu- Ms. RICHARDSON. Madam Speaker, I rise Following her marriage to Broadway actor- dents. today in support of H. Res. 1022, which hon- singer Stanley Grover, Ms. Grover led a 7-

VerDate Nov 24 2008 04:04 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A25FE8.029 E25FEPT1 jbell on DSKDVH8Z91PROD with REMARKS February 25, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E249 year crusade to save and preserve the historic 613 people were killed including 63 children, IN RECOGNITION OF JAMIE apartment building at 325 Central Park West. 106 women, and 70 elderly. MCMURRAY’S WIN AT THE DAY- Thanks in part to her persistence and commit- 8 families were wiped out. TONA 500 IN THE NO. 1 CHEV- ment, New York City officials overturned their 25 children lost both parents. ROLET BASS PRO SHOPS/TRACK- decision to condemn the building. After the ER BOATS CAR 130 children lost one parent. building was saved and restored, Ms. Grover led the effort to purchase it and transform the 487 people were wounded including 76 chil- apartments into rent-controlled co-ops. dren. HON. ROY BLUNT Before moving to New York City, Ms. Gro- 1,275 people were taken hostage. OF MISSOURI ver was named clerk of what is now the Na- Armenia still occupies close to 20 percent of tional Resources Committee’s Office of Indian Azerbaijan. Nearly 1 million Azerbaijanis live IN THE HOUSE OF REPRESENTATIVES Affairs at 21 when she was also a legislative as refugees in their own country, displaced by Thursday, February 25, 2010 aide to Congressman Sam Yorty of California. Armenian aggression. Resolutions issued by She also worked for the National Committee the U.N. Security Council and the Parliamen- Mr. BLUNT. Madam Speaker, I rise today to for an Effective Congress and was a case- tary Assembly of the Council of Europe, pay tribute to America’s great spectator sport, worker for the International Rescue Committee PACE, have ordered Armenia to withdraw NASCAR; its most prestigious race, the Day- following the Hungarian Revolution. Despite a from Azerbaijan’s lands. tona 500; and the 2010 champion, Southwest lengthy illness, Ms. Grover continued her work Azerbaijan is a strong ally of the United Missouri native Jamie McMurray. On Sunday, from her apartment in Washington, DC. To the States in a very important and very uncertain end she maintained her passion, energy and McMurray rode to victory in a Bass Pro Shops region of the world. I ask my colleagues to join sponsored car. His stunning win sparked ex- dedication. with me and our Azerbaijani friends in com- Madam Speaker, please join me in honor of citement among all NASCAR fans, especially memorating the tragedy that happened to the those in Southwest Missouri, where he Ms. Linda Grover, whose dedicated efforts or- people of Khojaly. ganizing for peace have given all of us hope learned his racing skills. for a better world. I offer my condolences to f McMurray started 2010 without a ride, hav- her loving family and many friends; especially ing been released from another team at the to her beloved children, Cindy, Steven and INTRODUCTION OF THE NATIONAL end of the 2009 season. When Springfield, Jamie. Mrs. Grover’s love for her family and ALZHEIMER’S PROJECT ACT Missouri-based Bass Pro Shops owner Johnny her legacy of peace will never be forgotten. Morris decided to return to NASCAR sponsor- f HON. EDWARD J. MARKEY ship with Earnhardt Ganassi Racing, TRAGEDY IN KHOJALY, McMurray got the call to drive. McMurray won OF MASSACHUSETTS AZERBAIJAN the Daytona 500 in the No. 1 Chevrolet Bass IN THE HOUSE OF REPRESENTATIVES Pro Shops/Tracker Boats car, leading by only two laps, the least in the race’s history. HON. SOLOMON P. ORTIZ Thursday, February 25, 2010 OF TEXAS Jamie McMurray started stock car racing in IN THE HOUSE OF REPRESENTATIVES Mr. MARKEY of Massachusetts. Madam the early 1990s on tracks in Bolivar, Missouri; Speaker, I rise today to introduce the National Thursday, February 25, 2010 Lebanon, Missouri; and at the I–70 Speedway Alzheimer’s Project Act. I would like to thank in Odessa, Missouri. In 1992, at age 16, Mr. ORTIZ. Madam Speaker, I rise today to my colleague and fellow cochair of the bipar- McMurray began driving NASCAR late models bring attention to the tragedy that occurred in tisan Alzheimer’s Task Force, Mr. CHRIS SMITH and raced in the NASCAR RE/MAX Challenge Khojaly, Azerbaijan on February 26, 1992. of New Jersey, for continuing to partner with Series in 1998–1999. By age 21 he had won Many lives of the Azerbaijan people living in me on this important legislation. the NASCAR late model division on the Leb- Khojaly were lost and scores of others were An estimated 5.3 million Americans have anon track. In 1999 he began racing on the destroyed when they were brutally attacked by Alzheimer’s disease, and one in ten individ- NASCAR Craftsman Truck Series circuit. Armenian forces on February 25–26, 1992. uals has a family member with the disease. With a population of 7,000, Khojaly was one Unless science finds a way to prevent or cure McMurray’s breakthrough came three years of the three largest urban settlements of the it, nearly 16 million Americans will have Alz- later, when he was offered a full-time Busch Nagorno-Karabakh region of Azerbaijan. heimer’s disease by the year 2050. Addition- Series ride. He earned two victories on the Armenians established the blockade of ally, in 2005, Medicare spent $91 billion for Busch Circuit and finished sixth in series Khojaly in the fall of 1991, cutting off ground the care of individuals with Alzheimer’s dis- points. In 2003 as a NASCAR regular, he was transportation on October 30. Electricity and ease, and this amount is projected to increase Rookie of the Year. water supplies were cut off in January 1992. to $160 billion in 2010. When NASCAR Sprint Cup Series driver By February 1992, almost all of the Nagorno- Sterling Marlin was out with an injury, owner Karabakh except Shusha and Khojaly had fall- While we have made great progress in the Chip Ganassi offered McMurray the seat to en under control of Armenians backed by Rus- battle against Alzheimer’s, much more needs complete the 2002 season. It didn’t take long sia’s 366th regiment. to be done. This bill will establish a National On the night of 25 February 1992, the Ar- Alzheimer’s Project Office and interagency Ad- for Jamie to make his mark on the sport. In menians and the Russian 366th launched an visory Council to help coordinate a national his second race with Ganassi in Charlotte, attack on Khojaly. plan for Alzheimer’s research, care, and re- North Carolina, McMurray won the UAW-GM The Armenians had declared that a ‘‘free lated support services. The National Alz- Quality 500 at Lowes Motor Speedway. corridor’’ would be provided for civilians to heimer’s Project Office will be established Now in his ninth season, McMurray is racing leave Khojaly. However, people were attacked within and overseen by the Department of for the new Earnhardt Ganassi team. In his on their way to Aghdam, the nearest Azer- Health and Human Services. Alzheimer’s ef- first race of the season, he scored a victory in baijani settlement. forts throughout the federal government will be the granddaddy of all stock car racing events: The Khojaly tragedy was covered by the for- coordinated and continually evaluated by this the Daytona 500. eign media including the Boston Globe, the entity, including research, clinical care, and Every racing fan in Southwest Missouri was Washington Times, New York Times, Financial various support programs. The Alzheimer’s thrilled that McMurray won the race in a No. Times, and many other European and Russian Association has endorsed this bill which will news agencies. On November 29, 1993, modify care delivery and help prevention of 1 Chevrolet Bass Pro Shops/Tracker Boats Newsweek quoted a senior U.S. Government this awful disease. car from the Southwest Missouri-based com- official as saying, ‘‘What we see now is a sys- Madam Speaker, in order to help fight this pany. McMurray endured years of hard work tematic destruction of every village in their [the disease and reduce the number of patients on local tracks to earn his way into the win- Armenians] way. It’s vandalism.’’ Human who suffer from Alzheimer’s, it is imperative to ner’s circle of America’s greatest stock car Rights Watch called the tragedy at the time better coordinate federal activities relating to event. ‘‘the largest massacre to date in the conflict.’’ this disease. I urge my colleagues to cospon- For NASCAR fans in Southwest Missouri, I The extent of the cruelty of this massacre sor this important legislation, and I look for- want to offer my congratulations to Jamie against women, children and the elderly was ward to continuing to work with them through- McMurray, Bass Pro Shops/Tracker Boats, unfathomable: out the legislative process. and to their families and supporters.

VerDate Nov 24 2008 04:04 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00013 Fmt 0626 Sfmt 0634 E:\CR\FM\A25FE8.033 E25FEPT1 jbell on DSKDVH8Z91PROD with REMARKS E250 CONGRESSIONAL RECORD — Extensions of Remarks February 25, 2010 TEEN DATING VIOLENCE rican-American woman to be licensed to prac- charged from the Army, he returned home to AWARENESS MONTH tice law in Texas. join the medical practice established by the Mrs. Farris did not spend long celebrating, late J.W. Thurmond, M.D. HON. DAVID G. REICHERT and after moving back to Wichita Falls, she For more than 60 years, Dr. Watson has practiced at the University Hospital in Augusta, OF WASHINGTON took up practice in an office near the railroad Georgia. He has delivered an estimated IN THE HOUSE OF REPRESENTATIVES tracks on the city’s east side. She endured countless civil rights atrocities that would 15,000 babies. His reputation of excellence at Thursday, February 25, 2010 shock most people today but to her were very the hospital and his care and concern for his Mr. REICHERT. Madam Speaker, I ask that real. With great perseverance, she established patients has been so notable that a wing of we take the time to recognize the importance a reputation for herself, and on July 7, 1954, the hospital was named after him. The W.G. of Teen Dating Violence Awareness Month. members of the Wichita County Bar Associa- Watson, M.D., Women’s Center was dedicated This is an increasingly critical issue that has a tion elected her to serve as Special Wichita in 1999. devastating effect on our schools, families, County Judge. This made her the first African- Other notable achievements include his and most importantly the victims of this horri- American to serve as a judge in any capacity marriage to Audrey, and their four daughters fying crime. in the South since Reconstruction. and one son. Dr. Watson is also the oldest liv- The fact is that teens are at a higher risk Mrs. Farris continued her career as a solo ing graduate of the Citadel. Today, I celebrate Dr. Watson’s birthday as than adults—half of reported date rapes occur practitioner until she closed her office in Janu- well as his longtime service to his community, ary 2010. As a woman of faith, she was active among teenagers. Every year, nearly 1.5 mil- his State and his Nation. God bless you, Dr. lion high school students experience physical in her church until her death and was involved Watson. abuse from a dating partner. in countless organizations from the local to the This violence against another human being national level. Her life included many firsts, f breaks our hearts and should never be toler- and she will be truly missed. COMMEMORATING TAIWAN’S 2–28 ated. Madam Speaker, the work of Charlye Farris INCIDENT We took an important step to help these vic- will truly echo through the generations as so tims with the passage of my Amendment 20 to many women and minorities have benefitted HON. KENNY MARCHANT H.R. 2847, which provided funding to the Sup- from her famous first steps. I ask my fellow OF TEXAS porting Teens through Education and Protec- colleagues today to join me in recognizing her IN THE HOUSE OF REPRESENTATIVES tion (STEP) program to help schools combat many achievements and celebrating a life that Thursday, February 25, 2010 sexual harassment. has had such a positive impact on society. Mr. MARCHANT. Madam Speaker, I rise Every young person deserves relationships f based on respect, and Teen Dating Violence today to observe the 63rd commemoration this Awareness Month is a time to draw needed HONORING WALTER GAMEWELL coming Sunday of Taiwan’s ‘‘2–28 Incident.’’ attention to this important issue. By educating WATSON The Incident was an antigovernment uprising our youth about the importance of safe and in Taiwan that began on February 28, 1947, healthy relationships, raising awareness HON. J. GRESHAM BARRETT and was violently suppressed during the following weeks by soldiers that had been sent among those who care for them, and sup- OF SOUTH CAROLINA from China by Generalissimo Chiang Kai- porting the community services that aid vic- IN THE HOUSE OF REPRESENTATIVES shek. Estimates of the number of deaths vary tims, we can help to prevent this tragic cycle Thursday, February 25, 2010 from 10,000 to 30,000. of abuse. In the fall of 1945, 50 years of Japanese oc- f Mr. BARRETT of South Carolina. Madam Speaker, I rise today to acknowledge the cupation of Taiwan ended after Japan had lost EXPRESSING CONDOLENCES AND 100th birthday of Walter Gamewell Watson. World War II. In October of that year Taiwan CELEBRATING THE LIFE OF Dr. Watson, known as ‘‘Curly’’ to his friends, was returned to the Republic of China (ROC). Due to the mounting corruption and the im- CHARLYE OLA FARRIS is said to be the oldest known working physi- plementation of unfair public policy and official cian-in the United States. I, along with the practices on the indigenous population, ten- communities of both North Augusta, South HON. EDDIE BERNICE JOHNSON sion increased between the Taiwanese people Carolina, and Augusta, Georgia, am taking OF TEXAS and the ROC administration. According to Am- this opportunity to celebrate both his life and IN THE HOUSE OF REPRESENTATIVES bassador John L. Stuart, ‘‘the economic dete- his faithful, compassionate service to his fel- rioration of the island and administration of the Thursday, February 25, 2010 low man. mainland officials became so bad that on Feb- Ms. EDDIE BERNICE JOHNSON of Texas. Dr. Watson was born in 1910 in the small ruary 28th, 1947, popular resentment erupted Madam Speaker, I rise today to honor Charlye agricultural community of Ridge Spring, South into a major rebellion.’’ The flashpoint came Ola Farris who passed away on February 18, Carolina. His father was a farmer and post- on the evening of February 27, 1947, when in 2010, and was the first African-American to master of the local post office. Dr. Watson’s Taipei a dispute between a female cigarette serve as a Southern judge in any capacity mother was a schoolteacher. He grew up milk- vendor and certain armed Monopoly Bureau since Reconstruction. ing cows and plowing fields. Like many of his agents and special police agents triggered civil Charlye Farris was born in Wichita Falls, peers, he studied agriculture, and it was his disorder and open rebellion that lasted for Texas. Her father, a bastion in his own right, good fortune to actually study under the late days. was the first African-American school super- senior South Carolina Senator, Strom Thur- The Incident is now openly discussed and intendent in Texas, and her mother served as mond, who was a teacher at the time. commemorated as Peace Memorial Day. The an elementary school teacher for 49 years. After high school, Walter Watson attended details of the Incident have become the sub- She graduated as the valedictorian from Book- the Citadel in Charleston, South Carolina, ject of investigation. Monuments and memorial er T. Washington High School in 1945 at the where he played football and excelled aca- parks to the Incident victims have been erect- age of 15 and went on to complete a bachelor demically. Upon finishing college, he returned ed in a number of cities in Taiwan. of arts degree in political science from Prairie to Edgefield County, and for 5 years, he Madam Speaker, the Incident had far-reach- View A&M College. served as both the principal and football coach ing implications. Over the next half century, After spending a year teaching school, Mrs. at Edgefield County High School and later the Taiwanese democracy movement that Farris decided to pursue her dreams of obtain- went to work in the school system of Bain- grew out of the Incident helped pave the way ing a law degree. At the time, it was almost bridge, Georgia. for Taiwan’s momentous transformation to a impossible for an African-American woman to While working in the educational field, Wal- thriving and pluralistic democracy. Nowadays gain admittance to a law school, but through ter Watson saved money for medical school. Taiwan has demonstrated the strength of its hard work and determination she was accept- He eventually attended the Medical College of democracy by succeeding in peaceful ed to the University of Denver. After her first Georgia and graduated in 1943. He did his in- handovers of power. I am confident that Tai- year, she transferred to Howard University in ternship and residency at the University Hos- wan will continue to make contributions to the Washington, DC, and graduated in 1953. pital and was board certified in Obstetrics and development of democracy in the region. Shortly thereafter, Mrs. Farris returned to Gynecology. Madam Speaker, I hope Members will join Texas to take the Bar exam, and after pass- Dr. Watson served in the Army as an Army me in commemorating this important historical ing, she was sworn in, making her the first Af- physician from 1945 to 1947. After being dis- event.

VerDate Nov 24 2008 04:04 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00014 Fmt 0626 Sfmt 0634 E:\CR\FM\A25FE8.037 E25FEPT1 jbell on DSKDVH8Z91PROD with REMARKS February 25, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E251 TRIBUTE TO THE UNI-CAPITOL more that we can arrange for the finest stu- After retirement from active duty, General WASHINGTON INTERNSHIP PRO- dents and young professionals from around Bradley was chairman and chief executive GRAMME the world to spend some meaningful time officer for the Bulova Watch Corp. Under his leadership, Bulova developed the Accutron among us, the better that we will understand watch, which was first developed for Amer- HON. JAMES L. OBERSTAR them and they will understand us. ica’s military and fledgling space program. OF MINNESOTA Both the U.S. and Australian governments Bradley died in New York City on April 8, IN THE HOUSE OF REPRESENTATIVES have been supportive of UCWIP. Many other 1981. He had participated in the inauguration of his friend, President Ronald W. Reagan, in Thursday, February 25, 2010 statements have appeared in the CONGRES- SIONAL RECORD over the years and there have Washington in late January 1981. Among Mr. OBERSTAR. Madam Speaker, I rise been two speeches in the Australian Par- those at his state funeral at Arlington Na- today to celebrate a unique international ex- liament in recognition of the program. I have tional Cemetery was longtime friend and change program, one in which the Committee internationally acclaimed comedian Bob been a very proud participant and look forward Hope. An avid golfer and fan of horse racing, on Transportation and Infrastructure has par- to being one for many years to come. ticipated since its inception 11 years ago. and lifetime fan of baseball and college foot- The Uni-Capitol Washington Internship Pro- f ball, Bradley lived his final years in special quarters built for him at Fort Bliss, near El gramme (UCWIP) matches a dozen of Aus- TRIBUTE TO THE LATE GENERAL Paso, Texas. Both the Sun Bowl at El Paso tralia’s best university students to Congres- OMAR NELSON BRADLEY and the Independence Bowl at Shreveport sional offices for 2-month, full-time internships honored Gen. Bradley during his lifetime and each January and February. The program is HON. BLAINE LUETKEMEYER in the years since his death. nonpartisan, bicameral, and focuses on con- The event at Moberly High School Friday OF MISSOURI necting people for lasting education and mu- is sponsored by the General Omar Nelson tual understanding. It is a true exchange that IN THE HOUSE OF REPRESENTATIVES Bradley Library and Museum Committee, a regards its participants as young professionals Thursday, February 25, 2010 citizen panel organized by the Moberly City Council last year to bring recognition to the looking to enter the working world with a head Mr. LUETKEMEYER. Madam Speaker, I community’s favorite son. start of sophistication, personal growth, and rise today to recognize the late General Omar In an October 1966 letter to former Moberly international sensibilities. Nelson Bradley, hero of World War II, Amer- Mayor Will Ben Sims, General Bradley—a The Australian interns bring a hunger for ica’s last surviving five-star General, first man known for his humility and modesty— knowledge and a passion to understand our Chairman of the Joint Chiefs of Staff, and a wrote that he accepted the fact he was national legislature from the inside out. They Moberly’s ‘‘favorite son’’ and that he and proud son of Randolph County in the heart of Mrs. Kitty Bradley viewed Moberly as their provide valuable perspectives on the public Missouri’s 9th Congressional District. It will be policy issues and challenges that they face in most favorite city in the whole world. my honor and privilege to participate in the He was an honorary member of the their own country. They leave with an unfet- celebration and observance of ‘‘General Omar Moberly Country Club and Moberly Rotary tered knowledge of Congress and the individ- Bradley Day’’ in Moberly, Missouri on Friday, Club and longtime member of the Central uals who serve the American public. February 12, 2010, the General’s birthday. An Christian Church, where he grew up. I’ve been a proud host of an astounding f quintet of Australia’s finest student interns: event to commemorate Moberly’s favorite son Narelle Hards from Flinders University in Ade- will be held at the Moberly High School and a IN HONOR OF AGNES TEBO laide, South Australia, in 2000; Louise Squire reproduction of the portrait of General Bradley, from the University of Western Australia in which is in the Bradley corridor at the Pen- HON. SAM FARR tagon in Washington, D.C., will be unveiled Perth in 2004; Lauren Reed from Deakin Uni- OF CALIFORNIA and will hang in the foyer of the Moberly High versity, in the Melbourne metropolitan area of IN THE HOUSE OF REPRESENTATIVES School auditorium, on the south end of the Victoria, in 2005; Michael Ng from the Univer- Thursday, February 25, 2010 sity of Melbourne, in 2007; and this year, school campus. Clara Jordan-Baird, of the University of Mel- I would like to recognize the members of the Mr. FARR. Madam Speaker, I rise today to bourne. General Omar Nelson Bradley Library and Mu- honor a great American, Mrs. Agnes Tebo for Each has brought with them knowledge of seum Committee for arranging Friday’s cele- a lifetime of public service and civil rights ac- and passion for transportation. I recall vividly, bration and for their tireless efforts to promote tivism. This coming Saturday, the Monterey for example, how Lauren Reed briefed Com- awareness of General Bradley’s special con- County Branch of the NAACP will honor Mrs. mittee staff about her home state of Victoria nection to Moberly. The members of the com- Tebo with its President’s award. I will have the and its compelling anti-drunk driving cam- mittee are Chair Sam Richardson, City Coun- great pleasure of attending this ceremony and paign. Narelle, Louise, Lauren, Michael, and cilman Dick Boots, City Manager Andy Morris, in conveying to her the gratitude and best Clara have each contributed broadly and di- Russ Freed, Wayne Wilcox, Joe Knaebel, wishes of the House. I am particularly excited rectly to United States-Australia relations Howard Hils, and Mary Lee Noel. because I have been privileged for many thanks to their insights, observation, and help- I would also like to enter an excerpt from years to count myself among her friends. In- ing hands as our Committee workload de- the following article, ‘‘General Bradley Day deed, she has been a great role model and in- manded. Here Friday’’ into the CONGRESSIONAL spiration to several generations of public serv- I know that many offices on both sides of RECORD. This item appeared in the Monday, ants from Monterey County. And that remains the aisle have enjoyed similar experiences February 8, 2010 edition of the Moberly Mon- true today; at 95 Agnes Tebo is truly one of with these young Australians. And I know that itor-Index. our nation’s great treasures. the Australians have taken home with them a GENERAL BRADLEY DAY HERE FRIDAY Born October 25, 1914, in Port Arthur, deep sense of reality about the United States General of the Armies Bradley was born in Texas, Agnes Dronet grew up in a world domi- so often impeded by what Australians refer to rural Randolph County near Clark, on Feb- nated by Jim Crow’s pervasive injustice. As a as the ‘‘Tyranny of Distance,’’ the physical ge- ruary 12, 1893. He moved to Moberly at age child, she remembers learning to live with the ographic distance between our two great na- nine and graduated from Moberly High separate schools, restaurants, and other hu- tions. Despite all of today’s technological won- School in 1911. As Moberly High School’s miliations that so dominated the daily lives of most distinguished alum, General Bradley ders—from air travel to Facebook—there is Port Arthur’s African American citizens. More went on to become a member of the United ominously, Agnes can remember the climate still no substitute for a handshake and warm States Military Academy class in 1915 and welcome. was one of its most outstanding scholars, as of fear created by the Klu Klux Klan through For this program we have to thank a long- well as a football and baseball star. murders, cross burnings, and other terrorist time former congressional staffer, Eric K. He commanded the largest American army acts. She recently told a reporter that ‘‘we had Federing. Eric served as the Committee’s ever assembled, during the invasion of Eu- to walk a straight line or we knew we’d end up communications director in the mid-1990s. rope in 1944, led the Veterans Administration dead. The people who did it would brag about During his personal travels to Australia, Eric after World War II, was named Army chief of it, and nobody would do anything about it. The discovered what he perceived to be a small, staff in 1948 and in 1949 was promoted by law wasn’t enforced. As a child, I just accept- President Harry Truman to first chairman of but important, gap in Australia-American rela- the Joint Chiefs of Staff. He served two ed it. I just thought that’s how life was.’’ But tionships and he designed this program to terms as chairman of the Joint Chiefs. Brad- that did not mean that Agnes thought it was help fill it. ley was the youngest and last of nine Amer- right. In 1937, at the age of 23, Agnes found Madam Speaker, we should encourage ican military officers to earn the coveted her way to Salinas, California, after a child- these types of international exchanges. The fifth star. hood spent working to help her single mother

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support their family. She soon found work as College board of trustees named Wilbur gressman TANNER, for his hard work and de- a housekeeper for one of the City’s founding ‘‘Wil’’ Billington as a trustee emeritus. The termined efforts to ensure that Americans are families. Several years later years later, she trustee emeritus designation is intended to able to achieve financial security and stability recognize former trustees who demonstrated married Louis ‘‘Bonnie’’ Tebo, a former class- significant contributions to the college and in their old age. mate from Port Arthur who had also relocated the community as a trustee. Madam Speaker, for seniors, getting Social to Salinas. They were married for more than Billington was nominated by Terry A. Security benefits can be a rigorous process. 50 years when he died. Calaway, JCCC president, and Ben Craig, a Many seniors rely on professional representa- While less obvious than in the South of their longtime supporter of JCCC, who cited tives to help them complete applications, ob- childhood, racism still found Agnes and Billington’s support of education in the state tain medical evidence, and prepare them- Bonnie in Salinas. For example, African Amer- of Kansas and in Johnson County. Billington selves and other witnesses for hearings. H.R. icans found it next to impossible to buy prop- is the second trustee to receive emeritus rec- 4532 will permanently extend critical provi- ognition. The first was Virginia Krebs, who erty. Realtors simply refused to show, and was named trustee emeritus in October 2008. sions passed under the Social Security Pro- sellers to sell, property to African American Billington will be honored in person at a fu- tection Act of 2004 that allow representation buyers. Agnes had been a member of the ture board meeting. fees to be withheld from Social Security Insur- NAACP since her teenage years in Port Ar- ‘‘Wil Billington’s vision as a trustee gave ance (SSI) applicants’ past-due benefits and thur. She drew on that experience in 1939 to Johnson County Community College a secure paid directly to representatives. H.R. 4532 will co-found a Salinas branch. With so few Afri- foundation on which to build,’’ Calaway said. also extend provisions that make qualified can Americans living in Salinas, they had to ‘‘Naming him as a trustee emeritus is a fit- non-attorney representatives eligible to be recruit white friends to join in order to meet ting way to remember and honor his edu- paid through fee-withholding. cational leadership.’’ the fifty member threshold for a new chapter. From 1962 to 1968 Billington was a member The provisions set to be extended by H.R. The new branch took on the property issue and president of the local board for School 4532 will provide easy access to the qualified and made steady progress. With Agnes often District No. 110, one of the largest K–6 school representation that many seniors need in leading the way over the years, they took on districts in Johnson County before its con- order to secure their benefits. This legislation many other challenges facing people of color solidation as part of the unified Shawnee is especially important in these tough eco- in the Salinas valley. In 2006, Agnes helped Mission district. As such, Billington was ap- nomic times. With limited income and in- smooth the way for the Salinas and Monterey pointed to the Advisory Council for Commu- creased health care needs, seniors across the nity Colleges that made recommendations to country—and especially in my home State of Peninsula branches to merge together into the the Kansas Board of Education for the cre- Monterey County Branch. ation of new colleges under the Kansas Com- California—have been hit particularly hard by Despite her humble origins, Agnes has munity College Act of 1965. He served as the ongoing economic recession. Now, more managed to travel the world and devote count- chairman of the Master Planning Committee than ever, we need to help the elderly access less hours to aiding the needy. In 1981, for for Post-secondary Education in Kansas in the benefits that they need to achieve financial example, she and Bonnie helped purchase the early 1970s. stability. and distribute food, clothing and medicine to In Johnson County, Billington was asked In conclusion, I support this bill because it 1,200 people in Haiti. She works as a liaison by the county commissioners to chair a com- will make the Social Security system more fair mittee that would study the feasibility of for the NAACP’s Jan Wright Scholarship, and creating a community college here. The and easy to use for the 63,000 seniors in my she continues to support The Agnes and group published a written report unani- district and millions more across the country. Bonne Tebo Scholarship at Hartnell College. mously recommending the creation of such a In order to uphold our obligation to senior citi- Madam Speaker, I know that I speak for the college in Johnson County. Billington was zens we must provide them with the resources whole House in extending to Agnes Tebo our elected to the college’s first board of trustees needed to take advantage of available bene- deep gratitude for her work to improve the in 1967, receiving the largest plurality of fits. By helping senior citizens get the benefits lives of her neighbors, both in Salinas and votes among approximately 30 candidates, they need, the Social Security Disability Appli- around the world. serving from 1967 until 1975. As chairman of cants’ Access to Professional Representation the board, Billington and his fellow trustees f produced the college’s ‘‘Blue Book,’’ a work- Act of 2009 represents a much needed re- ing philosophy that helped guide the selec- sponse to our Nation’s current economic chal- TRIBUTE TO WIL BILLINGTON, lenges. TRUSTEE EMERITUS OF JOHN- tion of administrators and the development of the college’s curriculum for the following Madam Speaker, I urge my colleagues to SON COUNTY COMMUNITY COL- decades. join me in supporting H.R. 4532. LEGE In January 2000, the JCCC library was f named for Billington in recognition of his years of support of the college. TRIBUTE TO OUTSTANDING LIFE- HON. DENNIS MOORE Billington worked for the Federal Reserve OF KANSAS TIME ACHIEVEMENT AWARD Bank of Kansas City for 35 years, retiring as WINNER JOE ANDERSON IN THE HOUSE OF REPRESENTATIVES executive vice president. Thursday, February 25, 2010 f HON. KEN CALVERT Mr. MOORE of Kansas. Madam Speaker, I ‘‘THE SOCIAL SECURITY DIS- OF CALIFORNIA rise to pay tribute to Wilbur ‘‘Wil’’ Billington, a ABILITY APPLICANTS’ PROFES- IN THE HOUSE OF REPRESENTATIVES former trustee of Johnson County, Kansas, SIONAL REPRESENTATION ACT Thursday, February 25, 2010 Community College [JCCC], who recently was OF 2009’’ honored by JCCC’s board of trustees with the Mr. CALVERT. Madam Speaker, I rise today designation of ‘‘trustee emeritus’’, signifying an HON. LAURA RICHARDSON to honor and pay tribute to an individual individual who demonstrated significant con- whose dedication and contributions to the OF CALIFORNIA tributions to the college and the community as community of San Clemente, California are IN THE HOUSE OF REPRESENTATIVES a trustee. exceptional. San Clemente has been fortunate As a former elected trustee of JCCC, I know Thursday, February 25, 2010 to have dynamic and dedicated community Wil Billington and am pleased to have this op- Ms. RICHARDSON. Madam Speaker, I rise leaders who willingly and unselfishly give their portunity to support his award and to share in support of H.R. 4532, the Social Security time and talent and make their communities a news of it with my colleagues. The JCCC re- Disability Applicants’ Access to Professional better place to live and work. Joe Anderson is cently issued a news release detailing Wil Representation Act of 2009, which will author- one such individual. On February 25, 2010, Billington’s designation as ‘‘trustee emeritus.’’ I ize the permanent extension of the attorney Joe will be honored at the San Clemente include it with this statement and I know that and non-attorney fee-withholding provisions Chamber of Commerce Annual Meeting and all House members join with me in celebrating passed under the Social Security Protection Award Ceremony where he will receive the this award, which is richly deserved by a Act of 2004. This important legislation will 2009 Outstanding Lifetime Achievement Johnson Countian who has worked diligently guarantee that seniors have access to the pro- Award. in support of higher education and economic fessional representation needed to secure the Joe was raised in Southern California and development in our community. benefits that they deserve. graduated from Arizona State University with a BILLINGTON NAMED JCCC TRUSTEE EMERITUS I thank Chairman RANGEL for his leadership B.S. Degree in Economics. He is a Chartered OVERLAND PARK, Kan.—At their meet- in bringing this bill to the floor. I would also Life Underwriter, a professional designation ing Jan. 21, the Johnson County Community like to thank the author of this legislation, Con- conferred by the American College, Bryn

VerDate Nov 24 2008 04:04 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\A25FE8.043 E25FEPT1 jbell on DSKDVH8Z91PROD with REMARKS February 25, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E253 Mawr, Pennsylvania. Following graduation, the celebration of their sixty-seventh wedding Girolamo dei Croati. Cardinal Bozanic´ was a Joe was employed by Mobil Oil Corporation anniversary. The love and dedication required member of the Cardinal Electors of the 2005 for eleven years. During his employment with through 67 years of marriage is a shining ex- Papal Conclave that selected Pope Benedict Mobil he held a number of management posi- ample of what a bond as strong as theirs can XVI. tions in various locations in the United States, achieve, and I commend them on all those Madam Speaker and colleagues, please join including Los Angeles, Seattle, New York City special years together. This is truly a signifi- me in honor and recognition of His Eminence, and Sacramento. cant milestone and one that only a very few Cardinal Josip Bozanic´, whose journey to In 1976, Joe and his family relocated to are fortunate enough to celebrate in their life- Cleveland, Ohio to commemorate the 25th An- South Orange County where he opened a time. niversary of the American-Croatian Lodge, Inc. successful State Farm Insurance Agency in Lester and Mary Rita Sondgeroth were is greatly appreciated by all residents of North- San Clemente. After operating his agency for united in marriage on February 10, 1943 at east Ohio. ten years, Joe accepted a management posi- the Holy Cross Church in Mendota where the f tion with the company. During the last decade couple has made their home to this day. of his career, Joe held an executive level as- Throughout the years, the Sondgeroths were RECOGNIZING THE 20TH ANNIVER- signment with responsibility for all agency op- blessed with five children—the late Dean SARY OF ‘‘THE SIMPSONS’’ erations in South Orange County. He retired in Sondgeroth, the late Dianna Neisess, Debra 2005 after 29 loyal years with the firm. Peters, Dru Sondgeroth, and Denise Burnette. HON. MIKE QUIGLEY Joe’s community activities include: past They now have the pleasure of spending time OF ILLINOIS board member and President of the San with their five grandchildren—Scott Peters, IN THE HOUSE OF REPRESENTATIVES Clemente Chamber of Commerce, the South Adam Peters, Brandon Burnette, Austin Thursday, February 25, 2010 Coast Area Boys & Girls Club and Mary Burnette, and lastly Ryan Peters who I am Mr. QUIGLEY. Madam Speaker, I rise today Erickson Community Housing. He served on proud to say is an outstanding member of my to acknowledge the anniversary of an impor- the San Clemente Growth Management, Eco- District Office staff in Vista, California. tant milestone in our shared cultural history. nomic Development and General Plan Review A 67th wedding anniversary reminds us that December 17, 2009 marked the 20th anni- Committees. He chaired the Casa Romantica marriage is not an instant achievement but a versary of the debut episode of ‘‘The Simp- Feasibility Study, and co-chaired the Down- covenant that requires love, patience, and re- sons.’’ The Fox Broadcasting Company, which town Visioning Committee. Due to his many spect. Lester and Mary Rita Sondgeroth have airs the show, spent the entirety of 2009 com- years of service, Joe was named the 1993 perfected this commitment to each other and memorating this milestone, and ended the San Clemente Citizen of the Year. are truly blessed to have a strong marriage, celebration on January 10, 2010 with an hour- Joe was first elected to the San Clemente their family, and a lifetime of memories. As long special. City Council in 1990, where he served two they live each day by their wedding vows, they In 1989, Fox took a chance and gave ‘‘The terms and then stepped down in 1998. In continue to inspire all who are fortunate to Simpsons’’ creator Matt Groening an oppor- 2002, at the urging of members of the commu- know them. tunity to produce a half-hour primetime ani- nity, Joe ran and was elected to a third term. Madam Speaker, I ask my colleagues to join mated show for the network. He was re-elected in November 2006 for a me in congratulating Lester and Mary Rita Since then, the program has become world fourth term. Joe served as Mayor in 1992, Sondgeroth on this momentous occasion and renowned. It has been honored with 25 2005 and 2008. sending our best wishes for many more years Primetime Emmy awards, a Peabody award, Joe serves as San Clemente’s Trustee to of love and happiness. and was named the 20th century’s best tele- the Orange County Vector Control Agency, f vision series by Time Magazine. and represents San Clemente on the board of It holds the distinction of being the longest the California Joint Powers Insurance Author- IN HONOR OF HIS EMINENCE CARDINAL JOSIP BOZANIC´ running American animated program, the long- ity. He also serves on the City’s Investment est running American sitcom, and the longest Advisory Board, and is board alternate to the running American primetime television pro- Transportation Corridor Agencies. During 2005 HON. DENNIS J. KUCINICH gram. In 2007, a feature-length film entitled and 2006, he chaired the Communications OF OHIO ‘‘The Simpsons Movie’’ was released to world- and Outreach Committee of the Orange Coun- IN THE HOUSE OF REPRESENTATIVES wide box office success. ty Division, League of California Cities for the Thursday, February 25, 2010 While the show is renowned for its cultural renewal of Measure M. In November, 2006, references, it has achieved a cultural iconic Mr. KUCINICH. Madam Speaker, please Measure M passed with a 69.6% yes vote. status in its own right. A testament to this is join me in honor and recognition of Cardinal Joe and his wife of 45 years, Mary Anna, the addition of ‘‘Doh,’’ a frequently used excla- Josip Bozanic, Croatian Cardinal of the are the proud parents of three married sons. mation of the show’s lead character Homer Roman Catholic Church, upon his visit to the John, a Lieutenant Colonel in the United Simpson, to the Oxford English Dictionary in American-Croatian Lodge, Inc. of Cleveland, States Marine Corps; Charles, an Estimating 2001. Ohio. The Croatian Lodge of Cleveland is a vi- Manager for a large electrical contractor; and Madam Speaker, I congratulate ‘‘The Simp- brant cultural center where the history and tra- Robert, an entrepreneur. The Anderson’s have sons’’ on its milestone, and I thank creators ditions of Croatia have been promoted and five beautiful grandchildren. Matt Groening, James L. Brooks and Al Jean preserved for twenty-five years. Joe Anderson’s tireless passion for commu- for the many years of laughs and the many Cardinal Bozanic´ was born and raised in nity service has contributed immensely to the more to come. Rijecka, Yugoslavia (now Croatia). His par- betterment of the community of San Clemente, f California. I am proud to call Joe a fellow com- ents, Ivan Bozanic´ and Dinka Vlakovic, taught munity member, American and friend. I know him the values of hard work, faith and service MEDIA IMAGES THAT DETRIMEN- that many community members are grateful to others. On June 29th, 1975, Cardinal TALLY AFFECT MANY GIRLS’ for his service and salute him as he receives Bozanic´ was ordained to the priesthood, by SELF-ESTEEM the San Clemente Chamber of Commerce Bishop Karmelo Zazinovic. He served as a Outstanding Lifetime Achievement Award. parish priest for several years before going to HON. LINDA T. SA´ NCHEZ Rome where he earned a licentiate in dog- f OF CALIFORNIA matic theology from the Pontifical Gregorian IN THE HOUSE OF REPRESENTATIVES RECOGNIZING THE SONDGEROTH’S University, and then a licentiate in canon law 67TH WEDDING ANNIVERSARY from the Pontifical Lateran University. Thursday, February 25, 2010 Cardinal Bozanic´ returned to Yugoslavia, Ms. LINDA T. SA´ NCHEZ of California. HON. DARRELL E. ISSA where he served as chancellor and then vicar Madam Speaker, I rise today to address an OF CALIFORNIA general of the Diocese of Krk. From 1988 to issue that many girls struggle with well into IN THE HOUSE OF REPRESENTATIVES 1997, he taught dogmatic theology and canon adulthood: media images that detrimentally af- law at the Theological Institute of Rijeka. On fect their self-esteem. Thursday, February 25, 2010 May 10, 1989, Cardinal Bozanic´ was ap- We all know how important it is to help raise Mr. ISSA. Madam Speaker, I rise today to pointed Coadjutor Bishop of Krk by Pope John our young women to become able, self-con- pay tribute to a special couple from Mendota, Paul II. On October 21, 2003, Pope John Paul fident people, for their own sake and for the Illinois, Lester and Mary Rita Sondgeroth, on II appointed him as Cardinal Priest of San benefit of our society.

VerDate Nov 24 2008 04:04 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\A25FE8.046 E25FEPT1 jbell on DSKDVH8Z91PROD with REMARKS E254 CONGRESSIONAL RECORD — Extensions of Remarks February 25, 2010 We have about 30 million girls under the ple where she has planned, produced and di- and I wish it and its members many, many age of 20 living in the United States. Thirty rected more than 250 theatrical productions more successful and productive years to million wonderful and beautiful people, full of and presentations, including a performance to come. creativity, energy and dreams. Yet these girls prelude the Tuskegee Airmen receiving their f face a struggle with unrealistic beauty and Congressional Gold Medal. Her work led to body image standards. the formation of the Growing and Building To- HONORING ULYSSES CURRY, M.D. Findings from a recent survey conducted by gether (GBT) Academy of the Arts, which has the Girl Scout Research Institute show that 90 been successful in introducing young people HON. GEORGE RADANOVICH percent of girls feel pressure from the media and adults to careers in arts and education. OF CALIFORNIA to have an ideal body type. Ninety percent. As She is also the administrator of the GBT Chil- IN THE HOUSE OF REPRESENTATIVES a result, their self-esteem, their body image, dren’s Academy, which provides a unique Thursday, February 25, 2010 and their psychological and physical health learning environment with a diverse curriculum Mr. RADANOVICH. Madam Speaker, I rise are damaged when they do not measure up to that allows parents, teachers and children to today to commend and congratulate Ulysses these unrealistic beauty standards. work and grow together. Dr. C has earned Curry, M.D. upon being honored with the We must elevate girls’ voices and concerns. several community-awarded honors for her ‘‘Trail Blazers Award’’ by the African American Our daughters and granddaughters need to outstanding work. Museum. Dr. Curry will be honored at the Afri- see more girl-positive media, more natural and Thank you, Dr. Mary J. Clinkscale, for your can American History Month Celebration and real female role models instead of touched-up, commitment to making Omaha a much better Banquet on Saturday, February 6th, 2010 in airbrushed models. place. Your work has made a difference to our The Girl Scouts of America on February 10, Fresno, California. community, especially children and young Dr. Ulysses ‘‘U.S.’’ Curry was born the sev- 2010—the eve of fashion week—hosted an people. enth of eight children to Reverend Dr. Milton event in New York City promoting messages f K. Curry Sr. and Lena Easter Curry in Fort that feature girls and women who have Worth, Texas. Dr. Curry attended the Univer- healthy, diverse body images and participate IN RECOGNITION OF THE ASSOCI- sity of Kansas. in respectful and healthy relationships. I com- ATED FOOD AND PETROLEUM Before completing his education, Dr. Curry mend the Girl Scouts for the important work DEALERS ON CELEBRATING ITS joined the United States Army. He served in they do in creating a healthy environment for 100TH ANNIVERSARY the Medical Corps during World War II from young girls and women. 1943 through 1946. Upon his Army discharge, Our support on this issue will help support HON. GARY C. PETERS Dr. Curry continued his education by attending girls’ physical, emotional, and social health. OF MICHIGAN Howard University and the University of Kan- Let us join the Girl Scouts in empowering girls IN THE HOUSE OF REPRESENTATIVES sas in Lawrence. Finally, Dr. Curry completed to live healthy lives and become tomorrow’s Thursday, February 25, 2010 his medical degree in 1952 from Meharry leaders with courage, confidence, and Medical College in Nashville, Tennessee. He character. Mr. PETERS. Madam Speaker, I ask my completed his medical internships in Raleigh, f colleagues to join me today in celebrating the 100th anniversary of the Associated Food and North Carolina, Fresno, California and Denver, OUR UNCONSCIONABLE NATIONAL Petroleum Dealers (AFPD). As a Member of Colorado. DEBT Congress, it is both my honor and privilege to In 1954, Dr. Curry married Mary Roper. Two recognize the AFPD on achieving this most years after they married, Dr. and Mrs. Curry, HON. MIKE COFFMAN impressive milestone. along with their three week old son, moved to Fresno, California and Dr. Curry started his OF COLORADO Since its founding in 1910, the AFPD has practice. Dr. Curry had served the Fresno IN THE HOUSE OF REPRESENTATIVES acted as a strong advocate for the food, bev- area as a practicing physician for fifty years Thursday, February 25, 2010 erage and petroleum industries in the State of Michigan. Based in my district, in the city of when he retired in 2006. Mr. COFFMAN of Colorado. Madam Speak- Farmington Hills, the AFPD currently rep- Outside of his practice, Dr. Curry was active er, today our national debt is resents 3900 retailers in the States of Michi- in city, state and national medical organiza- $12,401,781,166,870.02. gan and Ohio. The AFPD boasts a diverse tions. He served as a Fellow of the American On January 6th, 2009, the start of the 111th membership ranging from independent super- Academy of Family Physicians and Diplomate Congress, the national debt was markets, convenience stores, service stations American Board, Family Practice. Dr. Curry $10,638,425,746,293.80. and auto repair businesses to the wholesalers, continues to be an active member of the Sec- This means the national debt has increased distributors, and manufacturers who support ond Baptist Church of Fresno and in various by $1,763,355,420,576.20 so far this Con- them. Many of the small businesses which the community activities. Dr. Curry is heavily in- gress. AFPD supports are important economic and volved with Fresno’s commitment to the This debt and its interest payments we are philanthropic pillars within our shared commu- United Negro College Fund, believing in the passing to our children and all future Ameri- nities. cause that ‘‘A mind is a terrible thing to cans. Going beyond advocacy for its respective in- waste.’’ Dr. and Mrs. Curry have five children, all of f dustries, the AFPD established the AFPD which have obtained Bachelors Degrees from Foundation in 1999 to support the philan- HONORING DR. MARY J. four year universities. They also have four thropic work of its members in the commu- CLINKSCALE grandchildren; three are currently in college nities which it serves. To date, the AFPD and one in high school. Foundation has awarded over $300,000 in HON. LEE TERRY Madam Speaker, I rise today to commend academic scholarships to extraordinary and OF NEBRASKA and congratulate Dr. Ulysses Curry upon deserving students in the States of Michigan IN THE HOUSE OF REPRESENTATIVES being honored with the ‘‘Trail Blazers Award.’’ and Ohio who are attending accredited higher I invite my colleagues to join me in wishing Dr. Thursday, February 25, 2010 learning institutions. The AFPD Foundation Curry many years of continued success. Mr. TERRY. Madam Speaker, I rise today to also partners with the Salvation Army during join my colleagues in recognition of Black His- the holidays to promote its Red Kettle pro- f tory Month, a time when we remember the im- gram, which allows the Salvation Army to pro- IN HONOR OF THE 25TH ANNIVER- portant contributions African Americans have vide food, toys, and clothing to families in SARY OF THE AMERICAN-CRO- made to our nation. I especially want to honor need. ATIAN LODGE, INC. some extraordinary people who continue to Madam Speaker, it is my privilege to recog- help shape my community of Omaha. I have nize the Associated Food and Petroleum Deal- HON. DENNIS J. KUCINICH the privilege of representing thousands of suc- ers on the occasion of celebrating its 100th OF OHIO anniversary. The philanthropic work of the cessful and talented African Americans, and IN THE HOUSE OF REPRESENTATIVES today I would like to pay special tribute to Dr. AFPD Foundation has enriched the lives of Mary J. Clinkscale. many within the communities its members Thursday, February 25, 2010 ‘‘Dr. C,’’ as she is commonly referred to, is serve. The celebration of the AFPD’s 100th Mr. KUCINICH. Madam Speaker, I rise the administrator of the Greater Beth-El Tem- anniversary is indeed an impressive milestone today in recognition of the members of the

VerDate Nov 24 2008 04:04 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 E:\CR\FM\A25FE8.050 E25FEPT1 jbell on DSKDVH8Z91PROD with REMARKS February 25, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E255 American-Croatian Lodge, located in Eastlake, It was then that he noticed an elderly couple LETTER FROM PROFESSOR ROB- Ohio, as they celebrate their 25th anniversary. on a second floor balcony waiting for assist- ERT D. AUERBACH, LBJ SCHOOL The American-Croatian Lodge, Inc. serves as ance. Smoke was pouring out of their apart- OF PUBLIC AFFAIRS AT THE a connector that binds Croatian Americans to ment and they were beginning to panic. The UNIVERSITY OF TEXAS their faith, heritage and history. woman was in a wheelchair and the husband The Croatian Lodge, Inc. was developed seemed frail. The only way down was an exte- HON. RON PAUL and built by a small group of Croatian Ameri- rior flight of stairs. Oscar did not hesitate: he OF TEXAS cans residing in Greater Cleveland with a uni- recruited the help of another neighbor, ran up IN THE HOUSE OF REPRESENTATIVES fied focus of promoting business ventures, the stairs and carried the woman in her wheel- Thursday, February 25, 2010 partnerships and educational opportunities for chair down the stairs to safety. Americans of Croatian heritage. The Lodge Oscar graduated from San Clemente High Mr. PAUL. Madam Speaker, I would like to continues to serve as an anchor for the Great- School in 2009 and is attending college at enter into the RECORD the following letter from er Cleveland Croatian community and as the California State San Marcos as a Sociology Professor Robert D. Auerbach, a professor at ‘‘home base’’ for numerous Croatian-American Major. He has received multiple scholarships the LBJ School of Public Affairs at the Univer- businesses. The Croatian Center, set on pic- and also works at Pedro’s Tacos. He con- sity of Texas. This letter provides additional in- turesque rural acreage in Chardon, Ohio, in- tinues to attend the Explorer Program four formation regarding remarks I made at yesterday’s Financial Services Committee Hum- cludes two soccer fields, a full size ball field, times a month. He is the first one in his family phrey-Hawkins hearing, remarks which Fed- picnic areas, and a smaller field next to a pa- to go to college. eral Reserve Chairman Bernanke categorized vilion. The Lodge is open to the public and is Oscar Gutierrez at the young age of 18 is as ‘‘bizarre.’’ a venue for families and organizations cele- a hero and a model citizen. He is a hard work- THANK YOU CONGRESSMAN RON PAUL FOR brating milestone moments. ing individual who cares deeply about San BRINGING THESE IMPORTANT FACTS TO THE A critical component of the American-Cro- Clemente and its citizens. Oscar is truly an in- PUBLIC’S ATTENTION atian Lodge, Inc. is the Croatian Heritage Mu- credible young man who has a very bright fu- I thank Congressman Ron Paul for bring- seum & Library, where the history, customs, ture. Oscar’s actions and selflessness have ing to the public’s attention the Federal Re- fashion, art, music and faith of Croatia is pre- contributed immensely to the betterment of the serve coverup of the source of the Watergate sented and preserved. The Museum and Li- community of San Clemente, California. I join burglars’ source of funding and the defective brary is currently presenting a new folk art ex- the many community members who are grate- audit by the Federal Reserve of the bank hibit, entitled: ‘‘Maiden, Mother, Woman of ful for Oscar and salute him as he receives that transferred $5.5 billion from the U.S. Wisdom,’’ which illuminates the role of Cro- the 2009 Citizen of the Year Award. government to Saddam Hussein in the 1980s. Congressman Paul directed these comments atian women. to Federal Reserve Chairman Ben Bernanke f Mr. Speaker and colleagues, please join me at the House Financial Services Hearing celebrating the members of the American-Cro- IN TRIBUTE TO REPRESENTATIVE February 24, 2010. I question Chairman atian Lodge, Inc. of Eastlake, Ohio as they JOHN P. MURTHA OF PENNSYL- Bernanke’s dismissive response. BERNANKE: ‘‘Well, Congressman, these celebrate twenty-five years commitment to VANIA preserving and promoting Croatian culture. specific allegations you’ve made I think are The ancient and rich culture of the Croatian absolutely bizarre, and I have absolutely no SPEECH OF knowledge of anything remotely like what people adds strength to the foundation of our you just described.’’ Cleveland community and our nation. HON. ROBERT A. BRADY The evidence Congressman Ron Paul men- f OF PENNSYLVANIA tioned is well documented in my recent IN THE HOUSE OF REPRESENTATIVES book, Deception and Abuse at the Fed (Uni- TRIBUTE TO CIITIZEN OF THE versity of Texas Press: 2008). The head of the YEAR OSCAR GUTIERREZ Wednesday, February 24, 2010 Federal Reserve bureaucracy should become Mr. BRADY of Pennsylvania. Madam familiar with its dismal practices. HON. KEN CALVERT Speaker, thank you for allowing me to say a First, consider the Fed’s coverup of the few words about our friend Jack Murtha. First, source of the $6,300 in hundred dollar bills OF CALIFORNIA found on the Watergate burglars when they IN THE HOUSE OF REPRESENTATIVES I would like to advise Mrs. Murtha that I am were arrested at approximately 2:30 A.M. on her adopted son. I don’t know if Jack ever told Thursday, February 25, 2010 June 17, 1972 after they had broken into the you (Mom). But, he did adopt me. Watergate offices of the Democratic Party. Mr. CALVERT. Madam Speaker, I rise today He took me under his wing. It was warm in Five days after the break-in, June 22, 1972, at to honor and pay tribute to an individual the winter and cool in the summer. He also a board of directors’ meeting of officials at whose dedication and contributions to the taught me a few things. He taught me to be the Philadelphia Fed Bank, it was recorded community of San Clemente, California are courteous to everyone and that everyone is in the minutes [shown on page 23 of my book] that false or misleading information exceptional. San Clemente has been fortunate special. He made us all feel special. He was had been provided to a reporter from the to have dynamic and dedicated young people more comfortable with the privates than with Washington Post about the $6,300. Bob Wood- who willingly and unselfishly give their time the generals. He made everyone feel impor- ward told me he thought he was the Wash- and talent and make their communities a bet- tant. ington Post reporter who had made the ter place to live and work. Oscar Gutierrez is He would make the little people feel needed phone inquiry. The reporter ‘‘had called to one of these young leaders. On February 25, and appreciated. He had a great sense of verify a rumor that these bills were stolen 2010, Oscar will be honored at the San humor and enjoyed telling his stories and from this Bank’’ according to the Philadel- phia Fed minutes. The Philadelphia Fed Clemente Chamber of Commerce Annual jokes. He had a big heart and tremendous Bank had informed the Board on June 20 Meeting and Award Ceremony where he will compassion for people. that the notes were ‘‘shipped from the Re- receive the 2009 Citizen of the Year Award. Unfortunately, a whole lot of people—includ- serve Bank to Girard Trust Company in Eighteen year old Oscar Gutierrez resides ing our illustrious press—never knew that Jack Philadelphia on April 3, 1972.’’ The Wash- with his mother and sister in San Clemente. Murtha. ington Post was incorrectly informed of Sadly, Oscar lost his father in 2005. At age With the exception of his family, I was more ‘‘thefts but told they involved old bills that 13, Oscar started working to help financially fortunate than all of you. Every Thursday or were ready for destruction.’’ The Federal Reserve under the chairman- support his family. In addition, he joined the Friday before we broke for the week, I would ship of Author Burns not only kept the Fed Orange County Sheriffs Explorer Program, say goodbye to him. Because of his knee from getting entangled in the Watergate Post 449. On December 4, 2008, Oscar was problem, I would help him down from his coverup, which the Fed’s actions had as- home doing his homework when he heard seat—the only reserved seat in Congress. sisted, it allowed false statements about screams coming from outside. He looked out Then, I would shake his hand and give him a bills the Fed knew were issued by the Phila- and saw smoke and flames billowing from the kiss goodbye. I did not know Wednesday Jan- delphia Fed Bank to stand uncorrected. apartment building next door. Oscar grabbed a uary 27th would be the last time I would kiss Blocking information from the Senate and House Banking Committees [letters shown in fire extinguisher, and along with his sister and my friend good bye. my book, Chapter 2] and issuing false infor- a cousin, who are also Explorers, and ran to Jack Murtha was your friend. Jack Murtha mation during a perilous government crisis help. Sheriffs deputies were evacuating the was the best friend of the men and women in imposed huge costs on the public that had building so Oscar began checking around to uniform. He will be deeply missed. We will insufficient information to hold the Fed offi- make sure everyone was safe. never see another Jack Murtha. cials accountable for what they had withheld

VerDate Nov 24 2008 04:04 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00019 Fmt 0626 Sfmt 0634 E:\CR\FM\A25FE8.055 E25FEPT1 jbell on DSKDVH8Z91PROD with REMARKS E256 CONGRESSIONAL RECORD — Extensions of Remarks February 25, 2010 from the Congress. Had the deception been not have to. There is no legal requirement.’’ dustry Fair Competition Act. This legislation is discovered the Fed chairmen following Burns (p. 104 in my book.) Greenspan thus removed another step in Congress’ work to reform may have been forced to rapidly implement any fingerprints on this act of record de- some real transparency to restore the Fed’s struction. Donald Kohn, who is now Vice health care to bring down costs and expand credibility. That would have reduced or Chairman of the Board of Governors at the choices for all Americans. Last year, we eliminated many of the deceptions, and cor- Federal Reserve, answered some questions I worked to make sure seniors could keep their rupt practices that are described in my book. had sent to Chairman Greenspan about this doctors by reforming the Medicare payment The second subject brought up by Con- destruction. Kohn replied in a letter on No- gressman Ron Paul is the exposure of faulty vember 1, 2001 to me at the University of system. This bill cracks down on insurance examinations of the Federal Reserve of a for- Texas that they had destroyed the source companies that are taking advantage of obso- eign bank in Atlanta, Georgia through which records for 1994, 1995 and 1996, they did not lete laws to manipulate premiums. The next $5.5 billion was sent to Saddam Hussein that believe it to be illegal and there was no plan step will be to protect North Carolina families a Federal Judge found to be part of United to end this practice. That is one reason why States active support for Iraq in the 1980s. the Federal Reserve audit supported by Con- from additional insurance company abuses, On November 9, 1993, several federal mar- gressman Ron Paul is needed. The Fed must bring down health care costs and turn around shals brought a prisoner, Christopher stop destroying its records. the crushing effects of skyrocketing health Drogoul, into my office at the Rayburn f House Office Building of the U.S. House of care costs on our national debt. Representatives. The marshals removed the A SPECIAL TRIBUTE TO KEN MOR- H.R. 4626 will restore competition and manacles. Drogoul took off his jump suit and ROW, MEMBER OF THE 1980 transparency to the health insurance market. UNITED STATES OLYMPIC GOLD changed into a shirt, tie, and business suit. Competition is the engine that drives our He immediately looked like the manager of MEDAL HOCKEY TEAM the Atlanta agency with domestic head- economy, spurs innovation, and ensures that quarters in New York City of Banca HON. ROBERT E. LATTA the American consumer receives a fair deal on Nazionale. Drogoul had come to testify OF OHIO goods and services. But for far too long, the about a ‘‘scheme prosecutors said he master- IN THE HOUSE OF REPRESENTATIVES health insurance industry has played by a dif- minded that funneled $5.5 billion in loans to Iraq’s Hussein through BNL’s Atlanta oper- Thursday, February 25, 2010 ferent set of rules. Since 1945, the McCarran- ation. Some of the loans allegedly were used Mr. LATTA. Madam Speaker, it is with great Ferguson Act has exempted the business of to build up Iraq’s military and nuclear arse- pride that I rise to pay tribute to Ken Morrow, insurance from federal antitrust laws. This bill nals in the years preceding the first Gulf Olympic gold medalist and U.S. Hockey Hall repeals that blanket antitrust exemption af- War.’’’ Drogoul’s ‘‘ ‘off book’ BNL-Atlanta funding of Fame inductee. The City of Bowling Green, forded to health insurance companies. Under to Iraq began in 1986 as financing for prod- Bowling Green State University, and the great- H.R. 4926, health insurers will no longer be ucts under Department of Agriculture pro- er Northwest Ohio community celebrate this shielded from legal accountability for price fix- grams.’ ’’ The loans allegedly had been au- great American athlete. ing, dividing up territories among themselves, thorized by the U.S. Department of Agri- In an incredible achievement in 1980, Ken culture. Since Drogoul told the committee Morrow was a member of hockey teams that sabotaging their competitors in order to gain he was merely a tool in an ambitious scheme won an Olympic gold medal and the Stanley monopoly power, and other such anti-competi- by the United States, Italy, Britain and Ger- Cup. At the age of 23, Ken Morrow was a tive practices. many to secretly arm Iraq in their 1980–88 member of the 1980 USA Miracle on Ice war, the testimony was politically conten- When NC families are hurting, doing nothing American hockey team that won the gold really isn’t an option for me. I’ve heard from tious and unproven. He was sentenced in No- medal for the United States of America in vember 1993 to 37 months in prison and he thousands of neighbors in my district who are Lake Placid, New York. Ken Morrow was also had already served 20 months awaiting his suffering under the current system. I receive sentencing hearing. a member of the New York Islanders, who U.S. District Judge Ernest Tidwell found won the Stanley Cup in 1980. calls, letters and emails on health care literally that the United States had actively sup- A Bowling Green State University alumnus, every day. ported Iraq in the 1980s by providing it with Ken Morrow was an NCAA West All-American Sheila is a woman from Raleigh who fears government-guaranteed loans even though it athlete in 1978. Morrow was also named play- she will suffer the same fate as her sister who wasn’t creditworthy. The judge said such er of the year for the Central Collegiate Hock- died from asthma because she couldn’t get policies ‘‘clearly facilitated criminal con- ey Association. He was drafted by the New duct.’’ York Islanders in 1976; however, Morrow re- coverage. Linda from Sanford is a nurse who’s Gonzalez was drawn to Drogoul’s answer tired of insurance industry bureaucrats inter- about the Fed examiner who had visited his mained in college until graduating in 1979. Atlanta operation. Gonzalez said that: Ken Morrow played a total of ten seasons in fering with patient care. Nancy from Louisburg ‘‘At the November 9, 1993 Banking Com- the National Hockey League (NHL). During his says she’s not looking for a handout, just a mittee hearing I asked Christopher Drogoul, professional hockey career he helped the New fair playing field because everyone should be the convicted official of the Banca Nazionale York Islanders to win four straight Stanley Cup able to get insurance. Dan is a young man Del Lavoro agency branch in Atlanta, Geor- titles. Following his career as a hockey player, from Raleigh whose fiance´’s coverage was de- gia, how the Federal Reserve Bank exam- Morrow began a coaching career in the NHL. iners could miss billions of dollars of illegal He was later inducted into the United States nied when she got sick. Peggy from Rocky loans, most of which ended up in the hands Mount wants affordable coverage for small of Hussein. Hockey Hall of Fame, and in 1996 received Mr. Drogoul stated: the Lester Patrick Award for his accomplish- business workers and the self-employed who The task of the Fed [bank examiner] was ments in the sport of hockey. pleads, ‘‘please don’t let the insurance compa- simply to confirm that the State of Georgia Madam Speaker, I ask my colleagues to join nies win this time.’’ These are the voices of audit revealed no major problems. And thus, me in conveying special gratitude to Ken Mor- regular folks on North Carolina’s Main Streets their audit of BNL usually consisted of a one row as we celebrate this accomplished indi- and country roads. or two-day review of the state of Georgia’s vidual. Our communities are well served by preliminary results, followed by a cup of es- great Americans like Ken Morrow. On behalf Mr. Speaker, making sure every American presso in the manager’s office.’’ Gonzalez was appalled at the of lack of ef- of the people of the Fifth District of Ohio, I am has access to affordable health insurance and fective examination of a little storefront proud to recognize Ken Morrow. high-quality health care is one of the most im- bank and also appalled by the gifts ex- f portant challenges of our time. The health re- changed by officers of the New York Federal HEALTH INSURANCE INDUSTRY form debate is about saving money and sav- Reserve and the regulated banks in New ing lives. At its core, health reform is all about York City where the main U.S. office of BNL FAIR COMPETITION ACT ensuring that American families and busi- was located. A description of what followed SPEECH OF is in my book. nesses have more choices, benefit from more The Fed voted in 1995 to destroy the source HON. BOB ETHERIDGE competition, and have greater control over transcripts of its policy making committee OF NORTH CAROLINA their own health care. Repealing this exemp- that had been sent to National Archives and IN THE HOUSE OF REPRESENTATIVES Records Administration. Chairman Alan tion is an important part of that effort. I urge Greenspan had the committee vote on this Wednesday, February 24, 2010 my colleagues to join me in taking a stand for destruction, telling the members: ‘‘I am not Mr. ETHERIDGE. Mr. Speaker, I rise today the American people. going to record these votes because we do in support of H.R. 4626, Health Insurance In-

VerDate Nov 24 2008 04:04 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00020 Fmt 0626 Sfmt 0634 E:\CR\FM\A25FE8.058 E25FEPT1 jbell on DSKDVH8Z91PROD with REMARKS February 25, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E257 HONORING KATHRYN ‘‘KAY’’ HIRE, Instead of a summit on health care, we Immokalee Optimist. Most recently, in 2009, MOBILE’S ASTRONAUT should have a summit on job creation, or a he was appointed by Governor Charlie Crist to summit on cutting spending and reducing the serve as a Board Member of the South Florida HON. JO BONNER deficit, or a summit on lawsuit abuse reform, Water Management District’s Big Cypress OF ALABAMA or a summit on not treating terrorists like com- Basin. IN THE HOUSE OF REPRESENTATIVES mon criminals. As we celebrate Black History Month, Thursday, February 25, 2010 The Administration’s health care plan raises please join me in thanking Fred Thomas, and premiums, increases taxes and cuts Medicare his wife Cheryl, for their invaluable service and Mr. BONNER. Madam Speaker, on Sunday benefits for seniors, according to the non-par- contributions to the southwest Florida commu- night, the six-member crew of the Space Shut- tisan Congressional Budget Office. It’s no nity and their leadership, which makes a dif- tle Endeavor returned to the Kennedy Space wonder 67 percent of Americans now want ference in the lives of many each day. Center in Florida after 14 days in Earth orbit. Congress to start over on health care. f Aboard the STS–130 was Mission Specialist Instead of defying the wishes of Americans, Kathryn ‘‘Kay’’ Hire, Mobile, Alabama’s first the Administration should address the 15 mil- NATIONAL MANUFACTURING astronaut. lion people who are unemployed, the millions STRATEGY ACT OF 2010 A native of Mobile and a 1977 graduate of more who have given up on finding a job, and Murphy High School, Kay Hire epitomizes the specifically the 17 percent unemployment rate HON. DANIEL LIPINSKI ideal of service to her country. A 1981 grad- in the black community. OF ILLINOIS uate of the U.S. Naval Academy, Hire earned The Administration should listen to the IN THE HOUSE OF REPRESENTATIVES a Master of Science degree in space tech- American people, not hold a six-hour photo-op Thursday, February 25, 2010 nology from the Florida Institute of Technology on the wrong subject. in 1991 while also serving as a Naval officer. Mr. LIPINSKI. Madam Speaker, I am f Over her military career, Hire has taken part pleased to be introducing today the National in a wide range of missions, from oceano- HONORING FRED THOMAS Manufacturing Strategy Act of 2010. I would graphic research to naval flight instructor. In like to especially thank the 27 members of 1993, she was the first female in the U.S. mili- HON. MARIO DIAZ-BALART Congress who have joined me in supporting tary to be assigned to a combat aircrew when OF FLORIDA this bipartisan bill. she flew aboard a P–3 maritime patrol aircraft, IN THE HOUSE OF REPRESENTATIVES While our Nation reaps enormous benefits taking part in Atlantic and Caribbean oper- from a strong domestic manufacturing base, it ations. She was recalled to active naval duty Thursday, February 25, 2010 is increasingly clear to me that we need a coin support of Operation Enduring Freedom and Mr. MARIO DIAZ-BALART of Florida. herent and forward-looking plan for supporting Operation Iraqi Freedom as a member of the Madam Speaker, I rise today to honor one of America’s manufacturers. I believe that by re- U.S. Naval Central Command staff. She later our outstanding community leaders, Fred quiring the President to develop and submit to returned to reserve status and served as Thomas of Immokalee, Florida. Mr. Thomas Congress a National Manufacturing Strategy Commanding Officer of the Navy Reserve truly embodies the ideals of service, selfless- every four years, we can ensure the govern- Space and Naval Warfare Systems Command. ness and leadership. ment is doing all it can to ensure this vital in- She transferred her duties to NASA in 1989. For 16 years, Mr. Thomas served as the Ex- dustry is able to succeed. Manufacturing is too She was selected for astronaut training in ecutive Director of the Collier County Public important for us to continue to manage it in an 1994, reporting to the Johnson Space Center Housing Authority, and during his tenure, sig- ad hoc, unplanned fashion. in Houston. In 1998, she first entered space nificantly increased public housing in Currently, Federal, State and local govern- aboard the Space Shuttle Columbia on mis- Immokalee, a farm-worker community in rural ments interact with and strive to support man- sion STS–90, logging over 381 hours above Southwest Florida. Though he retired from ufacturing in their own ways. Unfortunately, the Earth. Aboard the Columbia, Hire spent 16 public service in 2002, he has continued his these efforts are too often reactive, uncoordi- days in space and took part in 26 life science activism and involvement in the community. nated, and stovepiped within agencies and ju- experiments focusing on the effects of micro- No one knows Immokalee better than Mr. risdictions. What we need instead is an ap- gravity on the brain and nervous system. Thomas, who is known by friends and neigh- proach that is coordinated, proactive, and ful- While on the just-completed Endeavor Mis- bors as the unofficial mayor. He dedicates fills both short- and long-term goals to improve sion, Hire traveled to the International Space each day of his life to advancing the needs of our manufacturers’ international competitive- Station where the ISS and Endeavor crew his community and ensuring that Immokalee ness. took part in the final major construction project thrives. He is a selfless community leader and My bill would require the President to close- for the orbiting space station—the installation answers the call of duty not for recognitions or ly consult with industry leaders and stake- of the ‘‘Tranquility’’ module. The new addition merits, but because of a true love for his town holders in undertaking a far-reaching analysis to the space station will house life support and a desire to see it prosper. of factors related to domestic manufacturing, systems for the ISS and offers a breathtaking Originally from New York, Fred has been a its workforce, research and development, in- seven-pane ‘‘bay window’’ in space view of proud resident of Immokalee for more than vestment, the defense industrial base, and planet Earth. two decades and enjoys much of what Florida other related areas. Based on this analysis, Madam Speaker, I join the people of South has to offer, like hunting and fishing. He is the President shall develop a National Manu- Alabama in welcoming Kay Hire back down to also a talented and recognized photographer, facturing Strategy that includes specific goals Earth, and in expressing our pride for her always capturing Florida’s unique wildlife and and recommendations for improving the manu- service in our military and space programs. pristine environment. He is married to wife facturing sector’s competitiveness. Importantly, She is a tremendous role model for our youth. Cheryl, a well-respected and beloved leader in my bill will establish a Manufacturing Strategy For those who seek examples of real heroes her own right. Board. This advisory group of experts in man- in our society, one need not look any further Mr. Thomas is a passionate advocate for ufacturing, innovation, and the workforce will than Kay Hire, Mobile’s astronaut. Immokalee and an eloquent voice for his provide the President advice and guidance on f country. He often frequents commission meet- manufacturing issues, both specific to the de- OBAMA ADMINISTRATION HOLDING ings and speaks out on behalf of his neigh- velopment of the Strategy, as well as on a WRONG SUMMIT bors and the needs of Immokalee residents. regular, continuous basis. His professional and business affiliations in- I very much appreciate the support, feed- HON. LAMAR SMITH clude: Commissioner of the Immokalee Water back and guidance that my office has received and Sewer District, Chairman of the Citizens from a wide range of individuals and organiza- OF TEXAS Advisory Committee of the Collier County Mu- tions during the development of this bill. Indi- IN THE HOUSE OF REPRESENTATIVES nicipal Planning Organization, Vice-Chairman viduals from the AFL–CIO Industrial Union Thursday, February 25, 2010 of the Immokalee Enterprise Zone Boar, Council, National Defense Industry Associa- Mr. SMITH of Texas. Madam Speaker, the Chairman of the Immokalee Community De- tion, American Iron and Steel Institute, Na- President’s health care summit today was too velopment Advisory Board, Collier County tional Council for Advanced Manufacturing, little, too late: the Administration has already Sheriff’s Commission, Board of Directors of Aerospace Industry Association, Center for released its health care proposal without con- Immokalee Chamber of Commerce, Member American Progress, and the U.S. Department sulting Republicans. of the Immokalee Rotary and Member of the of Commerce, among others, have provided

VerDate Nov 24 2008 04:04 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00021 Fmt 0626 Sfmt 9920 E:\CR\FM\A25FE8.061 E25FEPT1 jbell on DSKDVH8Z91PROD with REMARKS E258 CONGRESSIONAL RECORD — Extensions of Remarks February 25, 2010 valuable comments and suggestions that fice, pastor’s study, and Christian Education was committed by the ethnic Armenian armed helped us produce a better bill. I want to thank Office were erected in the lower auditorium, forces, reportedly with the help of the Russian everyone who took the time to assist us with and the lounges were completely renovated. 366th Motor Rifle Regiment. this important effort. In 1988, the New Genesis was instituted As part of the population tried to escape the Fundamentally, this bill is simple. Manufac- under the leadership of Shepherd W.J. Jack- town of Khojaly, they encountered violent am- turing is crucial to our economy and our mid- son. The church underwent a series of ren- bushes and were murdered. According to the dle class, to our national security, and to our ovations and restoration, including new paint Russian organization, Memorial, 200 Azer- ability to satisfy our domestic needs with do- inside and out, safety guard doors, a new roof, baijani corpses were brought from Khojaly to mestically produced goods. It only makes pews, furniture, lighting, carpeting, state-of- Agdam within four days, and it was discovered sense that we have a sound plan for how the the-art sound system, piano, organ, and tiling. that they were subjected to abuses, torture government can best help the private sector Furthermore, the mortgage was liquidated and and mutilation. Human Rights Watch stated succeed. I believe that a National Manufac- another parking area and additional property that ‘‘we place direct responsibility for the civil- turing Strategy will help us accomplish that, around the church were purchased. ian deaths with Karabakh Armenian forces.’’ and I urge my colleagues to join me in sup- In November 2002, Bishop John Hurst At the time, Newsweek Magazine reported: porting this bill, and doing the absolute best Adams assigned Rev. Samuel E. Sullivan to ‘‘Azerbaijan was a charnel house again last that we can to support manufacturing in Amer- Payne Chapel. Under his pastorate, Payne week: a place of mourning refugees and doz- ica. Chapel underwent further renovation and ens of mangled corpses dragged to a make- f debts on the roof and organ were liquidated. shift morgue behind the mosque. They were During the 2004–2005 hurricane season, the ordinary Azerbaijani men, women and children COMMEMORATING THE 117TH ANNI- church and parsonage sustained major wind of Khojaly, a small village in war-torn VERSARY OF PAYNE CHAPEL and water damage. Payne Chapel’s keepers Nagorno-Karabakh overrun by Armenian A.M.E. CHURCH IN WEST PALM worked hard to restore it to its former magnifi- forces on 25–26 February. Many were killed at BEACH, FLORIDA cent grandeur. The church’s interior was gut- close range while trying to flee; some had ted and treated for mold and mildew, and car- their faces mutilated, others were scalped.’’ HON. ALCEE L. HASTINGS peting, pews, and other furnishing and equip- Time Magazine stated ‘‘While the details are OF FLORIDA ment were replaced. argued, this much is plain: something grim IN THE HOUSE OF REPRESENTATIVES On December 2, 2007, Bishop McKinley and unconscionable happened in the Azer- Thursday, February 25, 2010 Young assigned Rev. Milton Broomfield to baijani town of Khojaly 2 weeks ago. So far, pastor Payne Chapel into the future. I am cer- some 200 dead Azerbaijanis, many of them Mr. HASTINGS of Florida. Madam Speaker, tain that Payne Chapel can look forward to mutilated, have been transported out of the I rise today to commemorate the 117th anni- great things under Rev. Broomfield’s leader- town tucked inside the Armenian-dominated versary of the founding of Payne Chapel ship. enclave of Nagorno-Karabakh for burial in A.M.E. Church in West Palm Beach, Florida, Madam Speaker, from 1893 to 2008, 30 neighboring Azerbaijan. The total number of an institution that is as old as the city itself. pastors, 24 presiding elders, 36 bishops, and deaths—the Azerbaijanis claim 1,324 civilians The theme of this year’s celebration is ‘‘En- three assistant pastors have served Payne have been slaughtered, most of them women hancing the dream; bright hope for tomorrow’’. Chapel A.M.E. Church. Payne Chapel is more and children—is unknown.’’ Payne Chapel was the dream of Ed Walstine, than a building; it is a living testament to the Members of the Parliamentary Assembly of Philip Akery, Bell Jones, Susan Gee Cook, community that built it. As we celebrate the the Council of Europe, PACE, from Albania, Margaret Akery, D. Jones, and Haley Mickens, 117th anniversary of its founding and remem- Azerbaijan, and the United Kingdom stated in who were strongly determined to prepare the ber the untold numbers of dedicated people May 2001 in Written Declaration No. 324 that way for carrying out ‘‘The Great Commission’’ who have contributed to making the church the ‘‘Armenians massacred the whole popu- of preaching and witnessing for Christ. They what it is today, tomorrow is indeed bright and lation of Khojaly and fully destroyed the town.’’ founded their church, known as Bethel, in Jan- hopeful. Khojaly was the first significant Azerbaijani uary of 1893. It was a pioneer era, and the f settlement overrun by Armenian forces in the first church was established in ‘‘The Styx’’, region of Nagorno-Karabakh. The forces next now Palm Beach. The first trustees were J.J. COMMEMORATING THE 16TH ANNI- overran the Nagorno-Karabakh districts of Gordon, D.J. Jones, and Philip Akery. VERSARY OF THE KHOJALY Zangilan, Gubadli, Fuzuli, Aghdam, and In 1894, under the pastorate of Rev. T.W. TRAGEDY Kalbajar, as well as the towns of Shusha and Wilson, the church’s name was changed from Lachin. Altogether, the occupied territories Bethel to Payne Chapel in honor of Bishop HON. MICHAEL E. McMAHON represent roughly 20 percent of the territory of Daniel A. Payne. Payne Chapel was built at OF NEW YORK Azerbaijan. And, altogether roughly one million Banyan and Tamarind Avenue, under the pas- IN THE HOUSE OF REPRESENTATIVES Azerbaijanis were evicted from their homes torate of Rev. A.S. Simms, 1894–1895. During Thursday, February 25, 2010 over the course of the Armenian-Azerbaijan the pastorate of Rev. M.T. Carey, 1910–1914, war. the church’s parsonage was built. Rev. S.W. Mr. MCMAHON. Madam Speaker, I rise to Madam Speaker, this is not the ringing con- Adair organized the first rally for the new commemorate the 16th anniversary of the demnation that the survivors of Khojaly de- Payne Chapel A.M.E. Church between 1917 Khojaly tragedy, when on February 25–26, serve but it is an important first step by an and 1920. It was Rev. E.J. Jackson who pur- 1992, the town of Khojaly in the Nagorno international community that has too long chased the present site and laid the founda- Karabagh region of Azerbaijan was brutally at- been silent on this issue. Congress should tion between 1922 and 1923. In 1924, Rev. tacked by Armenian forces. The town of take the next step and I hope my colleagues S.W. Adair was again appointed pastor and Khojaly, which was home to 7,000 people, will join me in standing with Azerbaijanis as began work on the new church. was completely destroyed; a total of 613 peo- they commemorate the tragedy of Khojaly. In 1928, a hurricane completely destroyed ple were killed, of which 106 were women and The world should know and remember. the old church on Banyan Street. The first 83 were children, and 56 of whom are pur- f Sunday in January 1929, services resumed in ported to have been killed with extreme cruelty the basement of the ‘‘New Church on the Hill’’. and torture. Additionally, 1,275 were taken INTRODUCTION OF IMPROVING Over the years, many additions were made to hostage, 150 went missing; 487 people be- COMPACT-IMPACT ASSISTANCE Payne Chapel under the pastorate of different came disabled, 76 of whom are teenagers; 8 FOR EDUCATION reverends to complete the New Church. The families were wiped out; 25 children lost both main auditorium was dedicated in 1937, new of their parents, and 130 children lost one of HON. MADELEINE Z. BORDALLO pews were added in 1942, and the church their parents. OF GUAM was cleared of all indebtedness in 1948. Dur- Sadly, Khojaly, a town in the Nagorno- IN THE HOUSE OF REPRESENTATIVES ing the pastorate of Rev. H. McNeal Harris, Karabakh region of Azerbaijan, now under the 1963–1966, the present parsonage was built, occupation of Armenian forces, was the site of Thursday, February 25, 2010 and under Rev. Stephen M. Peck, 1969–1981, the largest killing of ethnic Azerbaijani civil- Ms. BORDALLO. Madam Speaker, I rise the church was completely air conditioned. ians. today to introduce H.R. 4695, a bill to expand Between 1981 and 1987, land was pur- According to Human Rights Watch and the Federal Impact Aid program to reimburse chased for two parking areas, the church of- other international observers, the massacre schools for the costs of educating students

VerDate Nov 24 2008 04:04 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00022 Fmt 0626 Sfmt 9920 E:\CR\FM\A25FE8.064 E25FEPT1 jbell on DSKDVH8Z91PROD with REMARKS February 25, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E259 from the Freely Associated States, FAS, resid- ergy and Water Development. In this position, on March 4 and the date that the companies ing in the United States, including the terri- Sonny worked closely with the Bush Adminis- were established. tories. Impact Aid was originally authorized by tration to develop and finance a new national Del Papa Distributing Company, 1910; the Elementary and Secondary Education Act energy policy. Moody National Bank, 1907; American Na- in 1965 to compensate local school districts While chairman of this subcommittee, he tional Insurance Company, 1905; Biehl & for the costs of educating federally connected also served as vice chairman of Foreign Oper- Company, 1905; Rosenberg Library, 1904; children. Examples of these kinds of students ations and was a member of the Transpor- Malloy & Son Funeral Home, 1902; Fred include those whose parents live on military tation Subcommittee. Hartel Company, 1900; Galveston Country bases, live on Indian lands, or are the children In an era of stark partisanship that too often Club, 1898; the Grand 1894 Opera House, of accredited foreign diplomats. However, the divides this Chamber, Sonny Callahan knew 1894; and Stewart Title, 1893. Impact Aid program does not compensate only friends as he served in Congress. His Galveston Insurance Associates, 1892; Uni- local schools for the costs incurred by edu- ability to reach out across the aisle won him versity of Texas Medical Branch, 1891; Gal- cating students from the FAS. universal praise and enabled him to accom- veston Independent School District, 1884; The United States entered into the Com- plish much for his district and the State of Ala- AT&T, 1878; The Children’s Center, Inc., pacts of Free Association with the Republic of bama. 1878; Mt. Olive Missionary Baptist Church, the Marshall Islands, the Federated States of After retirement from Congress in 2003, 1876; Frost Bank, 1874; Grace Episcopal Micronesia, and the Republic of Palau and Sonny has refused to settle down into a quiet Church, 1868; J. Levy & Termini Funeral under the Compacts, citizens of these coun- life of leisure. In addition to work in his own Home, 1868; Galveston County Medical Soci- tries can enter the United States without a government consulting firm, Sonny was ety, 1865; and Texas Gas Service, 1856. visa. Thus, children whose parents are citi- named by Governor Bob Riley to serve on the Ott Monument Works, 1854; First Evan- zens of the FAS are in schools in the States Alabama Port Authority Board. In 2004, Sonny gelical Lutheran Church, 1850; Mills Shirley and territories under a special immigration cat- was named Patriot of the Year by local vet- LLP, 1846; Galveston Chamber of Commerce, egory and are federally connected just as chil- erans groups, and in 2005, the Boys and Girls 1845; Gal-Tex Pilots Service Corporation, dren of military families are similarly federally Clubs of Mobile named its Theodore activity 1845; Galveston County Daily News, 1842; connected. This legislation would provide a center the Sonny Callahan Boys and Girls Trinity Episcopal Church, 1841; First Baptist means for the Federal Government to provide Club Building. Church, 1840; Moody Memorial First United assistance to impacted local education au- I wish to personally congratulate Sonny Cal- Methodist Church, 1838; City of Galveston, thorities. lahan for having received the honor of 1837; Port of Galveston, 1825. Madam Speaker, the economic downturn ‘‘Mobilian of the Year,’’ and on behalf of the f has forced many local school districts to cut people of South Alabama, I thank Sonny, his education budgets. This is a longstanding wife, Karen, and their children and grand- IN TRIBUTE TO REPRESENTATIVE issue for affected jurisdictions and they need children, for their continued service and dedi- JOHN P. MURTHA OF PENNSYL- this to be redressed now more than ever. I cation to the state and the people we so dear- VANIA would like to thank Mr. ABERCROMBIE, Mr. ly love. SPEECH OF FALEOMAVAEGA, Mrs. CHRISTENSEN, Mr. f HONDA, Mr. SABLAN, and Mr. PIERLUISI for join- HON. ALAN B. MOLLOHAN HONORING GALVESTON ing with me as original cosponsors. I will work OF WEST VIRGINIA BUSINESSES with these cosponsors to pass this bill during IN THE HOUSE OF REPRESENTATIVES the 111th Congress. Wednesday, February 24, 2010 f HON. RON PAUL OF TEXAS Mr. MOLLOHAN. Madam Speaker, I join my TRIBUTE TO CONGRESSMAN IN THE HOUSE OF REPRESENTATIVES colleagues today to express my deep sadness SONNY CALLAHAN—2009 ‘‘MOBIL- at the passing of our colleague, Jack Murtha. IAN OF THE YEAR’’ Thursday, February 25, 2010 As I look around the Floor of the House this Mr. PAUL. Madam Speaker, on March 4th, evening, I see Democrats and I see Repub- HON. JO BONNER the Galveston Chamber of Commerce will hold licans. I see veteran members of the so-called OF ALABAMA its 164th annual meeting. Established by the ‘‘Pennsylvania corner’’ and I see freshmen IN THE HOUSE OF REPRESENTATIVES Ninth Congress of the Republic of Texas in members—from California, from the northeast, 1845, making it the oldest chamber of com- from the south. I see Jack’s fellow appropri- Thursday, February 25, 2010 merce in Texas, the Galveston Chamber of ators, and I see members who, on other days Mr. BONNER. Madam Speaker, I rise to Commerce works to promote and advocate for perhaps, boast proudly of never seeking ear- congratulate my dear friend and predecessor, the business community of Galveston. marks. Jack Murtha was one of the few mem- former Congressman Sonny Callahan, for At the March 4th meeting, the Galveston bers of this body who could draw together being selected as 2009 Mobilian of the Year Chamber of Commerce will honor 32 Gal- such an eclectic group. by the Cottage Hill Civitan Club. veston businesses who have served the Gal- That is not a surprise—for Jack Murtha was To the people of South Alabama, Sonny veston Community for 100 years or longer. truly a man of the House. He was a Member’s needs no introduction. He has dedicated much The Port of Galveston, which has been in op- Member. He cared about his colleagues, and of his life to serving our area. A Navy veteran eration since 1825, is the oldest business in he respected his colleagues—even when he and a self-made local business success, the community. thought they were wrong. Being able to dis- Sonny has never known a time when he was It is truly a remarkable achievement that agree civilly has—to the great detriment of our not giving back to his community. these 32 businesses kept their doors open public life—become an uncommon quality in First elected to public office representing through several hurricanes, tropical storms, re- Washington. Jack practiced it better than any- Mobile in the Alabama House of Representa- cessions, and the Great Depression. one. tives in 1971, Sonny embarked on a journey I certainly agree with Gina Spagnola, presi- Jack was a legislator. His ability and willing- that took him to the Alabama State Senate dent of the Galveston Chamber of Commerce, ness to work with almost anyone was one of and eventually to Washington, DC, where he who said ‘‘Our business community is the life- the reasons Jack was so effective—if you’re a labored in this House for no less than 18 blood of our community, and we must con- Democrat and wanted something done, you years. tinue to welcome, appreciate, encourage, sup- wanted Jack on your side. If you’re a Repub- He quickly made a name for himself in port and protect them.’’ lican and wanted something done, you wanted these Halls, earning the gavel of one of the 13 Madam Speaker, it is a tremendous pleas- Jack on your side. subcommittee chairmanships on the House ure to join my friends at the Galveston Cham- Jack was a Representative. He loved his Appropriations Committee after only 10 years ber of Commerce in saluting these businesses District, respected his constituents, and in office. He was named chairman of the pow- for their years of service to the people of Gal- worked as hard for them as any Member ever erful Subcommittee on Foreign Operations in veston. I am truly honored to serve as their has. 1995, protecting America’s interests and in- representative and hope all my colleagues all Jack was an institutionalist. He believed in vestments around the world. join me in congratulating these outstanding this House of Representatives, he defended In 2000, he became the chairman of the businesses. I have attached a list of the its prerogatives, and he protected them. It has House Appropriations Subcommittee on En- names of the businesses that will be honored been my great privilege to work closely with

VerDate Nov 24 2008 04:04 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00023 Fmt 0626 Sfmt 9920 E:\CR\FM\A25FE8.067 E25FEPT1 jbell on DSKDVH8Z91PROD with REMARKS E260 CONGRESSIONAL RECORD — Extensions of Remarks February 25, 2010 two of the greatest defenders Congress has father, who represented West Virginia’s First portance of community service at a young ever seen—the senior Senator from my own District until he retired in 1982, worked closely age, from his parents, Bishop Walter H. and state . . . and Jack Murtha. with Jack. Shortly after I won election to his Mrs. Poseline M. Richardson and in 1969, Jack was a leader. His respect for his col- seat, Dad told me that I would never go wrong while serving in the military, felt a calling for leagues and his commitment to this House in- seeking Jack’s counsel. He was right. the ministry. His education has also played an formed his role as Chairman. Jack recognized Finally, Jack was a family man, a loving important role in his formation. He obtained the importance of what we do here, and Jack husband and partner to his wife, Joyce, and both Bachelor and Master Degrees from St. was always—always—prepared. There was parent to Donna, John, and Patrick. Their loss Thomas University, and a Doctorate from Trin- never a man more suited to the gavel than cannot be described by words. They have my ity Theological Seminary. Jack Murtha. deepest condolences. Jack was a Marine. If he had not been a Jack will be missed by all. Pastor Richardson is a leading voice of social justice and multicultural integration. His Marine, he could have played the part—the f man radiated strength and purpose in every congregation is formed by Native Americans, action he took. But Jack not only looked the HONORING PASTOR WALTER African Americans, Hispanics, Haitians and part, he was the genuine article. And there is, THOMAS RICHARDSON several Caribbean Islands among many other of course, no such thing as a former Marine— groups. His love of service has manifested once a Marine, always a Marine. As fiercely HON. MARIO DIAZ-BALART itself in multiple ways. He is a professor of re- as Jack defended the prerogatives of Con- OF FLORIDA ligion at St. Thomas University, Chaplain in gress, his commitment to our House took a IN THE HOUSE OF REPRESENTATIVES the Miami-Dade Police Department, and Board back seat to his commitment to men and Thursday, February 25, 2010 Member of Florida Memorial College, New women in uniform. The service member—an World School of the Arts, the Community Re- infantryman outside Fallujah, a Marine in Af- Mr. MARIO DIAZ-BALART of Florida. lations Board and the Alliance for Human ghanistan, an airman in Bagram, a sailor in Madam Speaker, today I rise to honor one of Services, to name a few. He is also author of the Persian Gulf—has never had a better pro- the most devoted and beloved leaders in Going through Samaria, a book which teaches tector than Jack Murtha. Jack was one of South Florida, Dr. Walter Thomas Richardson, about the importance of Christianity, and had whose dedication to God, his faith and his them. recorded 30 songs and composed more than community has allowed him to break social That is the chief reason he didn’t hesitate 100. His unique service and leadership has barriers and touched thousands of lives. when he came out so publicly against the War gained him recognitions from the City of in Iraq—something that earned him the re- Since 1983, Pastor Richardson has served Miami, the City of Fort Lauderdale and Na- spect of many and the enmity of some. I don’t as Senior Pastor of Sweet Home Missionary tional Association for the Advancement of Col- know that he didn’t care about either judg- Baptist Church in Perrine, Florida and his ored People. ment, but I do know that neither applause nor preaching has enriched the faith and lives of condemnation guided his decision at all. His many. He is a Miami native, married to M. Do- As we celebrate Black History Month, I ask allegiance was to the men and women in the lores, father to Walter L. and LaKisha, and you to join me in honoring the work of Pastor field. proud grandfather of seven. His family has Water Thomas Richardson and thanking him To me, Jack was a friend and a mentor. In played a key role in his development as pastor for his service to our community. He has im- a sense that was a relationship I inherited. My and community leader. He learned of the improved the lives of many.

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HIGHLIGHTS Senate agreed to the motion to concur in the amendment of the House to the amendment of the Senate to H.R. 1299, United States Capitol Police Administrative Technical Corrections Act. (The legislative vehicle entitled, ‘‘The Travel Promotion Act’’.) Senate study, fell when cloture was invoked on the Reid Chamber Action motion to concur in the amendment of the House Routine Proceedings, pages S757–S816 to the amendment of the Senate to the bill. Measures Introduced: Ten bills and six resolutions Page S757 were introduced, as follows: S. 3038–3047, S. Res. Reid Amendment No. 3329 (to the instructions 422–425, and S. Con. Res. 50–51. Pages S795–96 (Amendment No. 3328) of the motion to refer), of Measures Reported: a perfecting nature, fell when Reid motion to refer S. 2961, to provide debt relief to Haiti, with in the amendment of the House to the amendment amendments. (S. Rept. No. 111–128) Page S795 of the Senate to the Committee on Rules and Ad- ministration, with instructions, Reid Amendment House Messages: No. 3328, to provide for a study fell. Page S757 United States Capitol Police Administrative Reid Amendment No. 3330 (to Amendment No. Technical Corrections Act: By 78 yeas to 18 nays 3329), of a perfecting nature, fell when Reid (Vote No. 28), Senate agreed to the motion to con- Amendment No. 3329 (to the instructions (Amend- cur in the amendment of the House to the amendment No. 3328) of the motion to refer), of a per- ment of the Senate to H.R. 1299, to make technical fecting nature fell. Page S757 corrections to the laws affecting certain administra- By 38 yeas to 58 nays (Vote No. 27), two-thirds tive authorities of the United States Capitol Police, of those Senators duly chosen and sworn, not having after taking action of the following motions and voted in the affirmative, Senate rejected the motion amendments proposed thereto: Pages S757–75 to suspend Rule XXII, Paragraph 2, of the Standing Withdrawn: Rules of the Senate, with respect to DeMint pro- Reid motion to concur in the amendment of the posed amendment to prohibit extension or establish- House to the amendment of the Senate to the bill, ment of national monuments in certain areas. Subse- with Reid Amendment No. 3326 (to the House quently, the point of order that the amendment was amendment to the Senate amendment), to change not germane under Rule XXII, was sustained. the enactment date. Page S757 During consideration of this measure today, Senate Pages S774–75 also took the following action: Reid Amendment No. 3327 (to Amendment No. 3326), of a perfecting nature, fell when Reid motion By 76 yeas to 20 nays (Vote No. 26), three-fifths of those Senators duly chosen and sworn, having to concur in the amendment of the House to the voted in the affirmative, Senate agreed to the motion amendment of the Senate to the bill, with Reid to close further debate on the Reid motion to concur Amendment No. 3326 (to the House amendment to in the amendment of the House to the amendment the Senate amendment), to change the enactment date was withdrawn. Page S757 of the Senate to the bill. Pages S773–74 Reid motion to refer in the amendment of the Tax Extenders Act—Agreement: A unanimous- House to the amendment of the Senate to the Com- consent agreement was reached providing that on mittee on Rules and Administration, with instruc- Monday, March 1, 2010, at 3 p.m., Committee on tions, Reid Amendment No. 3328, to provide for a Finance be discharged of H.R. 4213, to amend the D147

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Internal Revenue Code of 1986 to extend certain ex- rity concluded a hearing to examine aviation safety, piring provisions; and that once the Committee is focusing on one year after the crash of flight 3407, discharged, Senate proceed to its consideration; that after receiving testimony from Deborah A. P. after the bill is reported, Senator Baucus, or his des- Hersman, Chairman, National Transportation Safety ignee, be recognized to offer a substitute amend- Board; and Margaret Gilligan, Associate Adminis- ment, and once the amendment is reported by num- trator for Aviation Safety, Federal Aviation Adminis- ber it be considered read. Pages S775–76 tration, Department of Transportation. Messages from the House: Page S795 ASIAN CARP IN THE GREAT LAKES Measures Referred: Page S795 Committee on Energy and Natural Resources: Sub- Executive Reports of Committees: Page S795 committee on Water and Power concluded an over- Additional Cosponsors: Paged S796–97 sight hearing to examine the science and policy behind the Federal framework and non-Federal efforts Statements on Introduced Bills/Resolutions: to prevent introduction of the aquatic invasive Asian Pages S797–S803 carp into the Great Lakes, after receiving testimony Additional Statements: Pages S794–95 from Nancy H. Sutley, Chair, Council on Environ- Amendments Submitted: Pages S803–04 mental Quality; Leon Carl, Midwest Area Regional Executive, United States Geological Survey, Depart- Notices of Hearings/Meetings: Page S804 ment of the Interior; J. Michael Hayden, Kansas De- Authorities for Committees to Meet: Page S804 partment of Wildlife and Parks, Topeka; Ken Text of H.R. 2847 as Previously Passed: DeBeaussaert, Michigan Office of the Great Lakes Pages S804–15 Department of Natural Resources and Environment, Lansing; Marc Miller, Illinois Department of Natural Record Votes: Three record votes were taken today. Resources, Springfield; Jim Farrell, Illinois Chamber (Total—28) Pages S773–74, S774–75, S775 Infrastructure Council Waterways Committee, Chi- Adjournment: Senate convened at 10 a.m. and ad- cago; John C. Taylor, Wayne State University School journed at 11:52 p.m., until 9:30 a.m. on Friday, of Business Administration, Detroit, Michigan; Andy February 26, 2010. (For Senate’s program, see the re- Buchsbaum, National Wildlife Federation Great marks of the Acting Majority Leader in today’s Lakes Regional Center, Ann Arbor, Michigan. Record on pages S815–16.) INTERAGENCY CONTRACTS Committee Meetings Committee on Homeland Security and Governmental Af- fairs: Ad Hoc Subcommittee on Contracting Over- (Committees not listed did not meet) sight concluded a hearing to examine interagency DEPARTMENT OF THE NAVY contracts, focusing on an overview and recommendations for reform, after receiving testimony from Committee on Armed Services: Committee concluded a Ralph C. Nash, Steven L. Schooner, and Joshua I. hearing to examine the Department of the Navy in Schwartz, all of George Washington University Law review of the Defense Authorization request for fiscal School, Washington, D.C.; and Marshall J. Doke, year 2011 and the Future Years Defense Program, Jr., Gardere Wynne Sewell LLP, Dallas, Texas. after receiving testimony from Ray Mabus, Secretary of the Navy, Admiral Gary Roughead, Chief of TRIBAL PROGRAMS AND INITIATIVES Naval Operations, and General James T. Conway, BUDGET Commandant of the Marine Corps, all of the Depart- Committee on Indian Affairs: Committee concluded an ment of Defense. oversight hearing to examine the President’s pro- SEMIANNUAL MONETARY POLICY REPORT posed budget request for fiscal year 2011 for tribal Committee on Banking, Housing, and Urban Affairs: programs and initiatives, after receiving testimony Committee concluded a hearing to examine the from Thomas J. Perrelli, Associate Attorney General, Semiannual Monetary Policy Report to the Congress, Department of Justice; Larry Echo Hawk, Assistant after receiving testimony from Ben S. Bernanke, Secretary of the Interior for Indian Affiars; Yvette Chairman, Board of Governors of the Federal Reserve Roubideaux, Director, Indian Health Service, De- System. partment of Health and Human Services; and Jeffer- son Keel, National Congress of American Indians, AVIATION SAFETY Patricia Whitefoot, National Indian Education Asso- Committee on Commerce, Science, and Transportation: Sub- ciation, and Marty Shuravloff, National American In- committee on Aviation Operations, Safety, and Secu- dian Housing Council, all of Washington, D.C.

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BUSINESS MEETING trict of New York, and Sally Quillian Yates, to be Committee on the Judiciary: Committee ordered favor- United States Attorney for the Northern District of ably reported H.R. 1741, to require the Attorney Georgia. General to make competitive grants to eligible State, tribal, and local governments to establish and main- INTELLIGENCE tain certain protection and witness assistance pro- Select Committee on Intelligence: Committee held closed grams, with an amendment in the nature of a sub- hearings on intelligence matters, receiving testimony stitute; and from officials of the intelligence community. The nominations of William Joseph Hochul, Jr., Committee recessed subject to the call. to be United States Attorney for the Western Dis- h House of Representatives Retirement and Disability System. Further pro- Chamber Action ceedings were postponed. Pages H838–845, H849–95 Public Bills and Resolutions Introduced: 21 pub- Pursuant to the rule, the amendment in the na- lic bills, H.R. 4689–4709; and 15 resolutions, H.J. ture of a substitute recommended by the Permanent Res. 76; H. Con. Res. 240–243; and H. Res. Select Committee on Intelligence now printed in the 1110–1112, 1115–1121 were introduced. bill shall be considered as an original bill for the Pages H931–33 purpose of amendment under the 5-minute rule. Page H859 Additional Cosponsors: Pages H933–34 Agreed to: Report Filed: Reports were filed today as follows: Hoekstra amendment (No. 2 printed in H. Rept. H. Res. 1109, providing for consideration of the 111–419) that requires the Director of the CIA, Senate amendments to the bill (H.R. 3961) to within 30 days, to publicly issue an unclassified amend title XVIII of the Social Security Act to re- version of the CIA Inspector General’s report enti- form the Medicare SGR payment system for physi- tled ‘‘Procedures Used In Narcotics Airbridge Denial cians and to reinstitute and update the Pay-As-You- Program in Peru, 1995–2001,’’ dated August 25, Go requirement of budget neutrality on new tax and 2008; Page H883 mandatory spending legislation, enforced by the Rogers (MI) amendment (No. 4 printed in H. threat of annual, automatic sequestration (H. Rept. Rept. 111–419) that prohibits funds in the Act from 111–420) and being used to implement the FBI’s Field Office Su- H. Res. 1113, providing for further consideration pervisory Term Limit Policy requiring the manda- of the bill (H.R. 2701) to authorize appropriations tory reassignment of a supervisor after a specific for fiscal year 2010 for intelligence and intelligence term of years; Page H885 related activities of the United States Government, Eshoo amendment (No. 5 printed in H. Rept. the Community Management Account, and the Cen- 111–419) that requires the Director of National In- tral Intelligence Agency Retirement and Disability telligence to establish an intelligence community- System (H. Rept. 111–421). Page H931 wide conflict of interest regulation working in conjunction with the Office of Government Ethics; to Speaker: Read a letter from the Speaker wherein she establish a community-wide process for checking appointed Representative Pastor to act as Speaker outside employment for conflicts of interest, and also pro tempore for today. Page H835 to submit an annual report to the intelligence com- Recess: The House recessed at 12:03 p.m. and re- mittees on all outside employment activities that convened at 12:39 p.m. Page H848 were approved in the last year. The amendment also prohibits Intelligence Community government em- Intelligence Authorization Act for Fiscal Year ployees from owning companies that sell skills re- 2010: The House began consideration of H.R. 2701, lated to their government service; Pages H885–86 to authorize appropriations for fiscal year 2010 for Conaway amendment (No. 6 printed in H. Rept. intelligence and intelligence-related activities of the 111–419) that expresses the sense of Congress that United States Government, the Community Manage- it is imperative intelligence community-wide ment Account, and the Central Intelligence Agency auditability be achieved as soon as possible and the

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VerDate Nov 24 2008 06:02 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D25FE0.REC D25FEPT1 jbell on DSKDVH8Z91PROD with DIGEST D152 CONGRESSIONAL RECORD — DAILY DIGEST February 25, 2010 Testimony was heard from Janet Napolitano, Sec- INTELLIGENCE AUTHORIZATION ACT FOR retary of Homeland Security. FISCAL YEAR 2010 Committee on Rules: granted, by a non-record vote, a MEDIA COMPETITION AND rule providing for further consideration of H.R. ENTERTAINMENT DISTRIBUTION MARKET 2701, the ‘‘Intelligence Authorization Act for Fiscal Committee on the Judiciary: Held a hearing on Com- Year 2010’’. The rule provides that amendment petition in the Media and Entertainment Distribu- number 1 printed in House Report 111–419 shall tion Market. Testimony was heard from public wit- be modified by striking the matter proposed to be nesses. inserted as section 506.

MARIANAS TRENCH MARINE NATIONAL SENATE AMENDMENTS TO MEDICARE MONUMENT PHYSICIAN PAYMENT REFORM ACT Committee on Natural Resources: Subcommittee on In- Committee on Rules: Committee granted, by a non- sular Affairs, Oceans and Wildlife held a hearing on record vote, a rule providing for the consideration of the following bills: H.R. 3511, Marianas Trench the Senate amendments to H.R. 3961, to amend Marine National Monument Visitor Facility Author- title XVIII of the Social Security Act to reform the ization Act of 2009; and H.R. 4493, Bonitan Tasi. Medicare SGR payment system for physicians and to Testimony was heard from Benigno Repeki Fitial, reinstitute and update the Pay-As-You-Go require- Governor, Commonwealth of the Northern Mariana ment of budget neutrality on new tax and manda- Islands; Eileen Sobeck, Deputy Assistant Secretary, tory spending legislation, enforced by the threat of Fish and Wildlife and Parks, Department of the In- annual, automatic sequestration. The rule makes in terior; and public witnesses. order a single motion by the Chair of the Committee MISCELLANEOUS MEASURES on the Judiciary to concur in the Senate amendments. The rule waives all points of order against Committee on Natural Resources: Subcommittee on Na- consideration of the motion except clause 10 of Rule tional Parks, Forests and Public Lands held a hearing XXI and provides that the Senate amendments shall on the following bills: H.R. 2100, To provide for be considered as read. Finally, the rule provides one the conveyance of certain public lands in Mohave hour of debate on the motion equally divided and Valley, Mohave County, Arizona, administered by controlled by the chair and ranking minority mem- the Bureau of Land Management to the Arizona ber of the Committee on the Judiciary. Game and Fish Department, for use as a public shooting range; H.R. 3425, To authorize the Fair NASA’S FISCAL YEAR 2011 BUDGET Housing Commemorative Foundation to establish a REQUEST commemorative work on Federal land in the District of Columbia to commemorate the enactment of the Committee on Science and Technology: Held a hearing on Fair Housing Act of 1968; H.R. 4438, San Antonio NASA’s Fiscal Year 2011 Budget Request and Missions National Historical Park Leasing and Issues. Testimony was heard from Charles F. Bolden, Boundary Expansion Act of 2010; H.R. 4491, Buf- Jr., Administrator, NASA. falo Soldiers in the National Parks Study Act; and H.R. 4524, Blue Ridge Parkway Protection Act. COAST GUARD, MARITIME Testimony was heard from Representatives Norton, ADMINISTRATION/FEDERAL MARITIME Rodriguez, Franks of Arizona, Shuler and Speier; Ste- COMMISSION BUDGET REQUESTS phen E. Whitesell, Associate Director, Park Plan- Committee on Transportation and Infrastructure: Sub- ning, Facilities, and Lands, National Park Service, committee on Coast Guard and Maritime Transpor- Department of the Interior; and public witnesses. tation held a hearing on Fiscal Year 2011 Budget for the Coast Guard, the Maritime Administration and FORECLOSURES CONTINUE—WHAT NEEDS the Federal Maritime Commission. Testimony was TO CHANGE heard from the following officials of the U.S. Coast Committee on Oversight and Government Reform: Sub- Guard, Department of Homeland Security: ADM. committee on Domestic Policy held a hearing enti- Thad W. Allen, Commandant; and Charles W. tled ‘‘Foreclosures Continue: What Needs to Change Bowen, Master Chief Petty Officer; David Matusda, in the Administration’s Response.’’ Testimony was Acting Administrator, Federal Maritime Administra- heard from Phyllis Caldwell, Chief Homeownership tion; Richard A. Lidinsky, Jr., Chairman, Federal Preservation Officer, Department of the Treasury; Maritime Commission; and Steven Caldwell, Direc- and public witnesses. tor, Homeland Security and Justice Issues, GAO.

VerDate Nov 24 2008 06:02 Feb 26, 2010 Jkt 089060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D25FE0.REC D25FEPT1 jbell on DSKDVH8Z91PROD with DIGEST February 25, 2010 CONGRESSIONAL RECORD — DAILY DIGEST D153 RECOVERY ACT LESSONS— (Personnel and Readiness), Program Integration and STRENGTHENING ECONOMIC Legal Policy, Department of Defense; Keith M. Wil- DEVELOPMENT son, Director, Education Service, Veterans Benefits Committee on Transportation and Infrastructure: Sub- Administration, Department of Veterans Affairs rep- committee on Economic Development, Public Build- resentatives of veterans organizations; and public ings and Emergency Management held a hearing on witnesses. EDA: Lessons Learned From the Recovery Act and CYBER SECURITY DEFENSE BRIEFING New Plans to Strengthen Economic Development. Testimony was heard from John R. Fernandez, As- Permanent Select Committee on Intelligence: Met in execu- sistant Secretary, Economic Development, Economic tive session to receive a briefing on Cyber Security Development Administration, Department of Com- Defense. Testimony was heard from departmental merce; and public witnesses. witnesses. MISCELLANEOUS MEASURES Joint Meetings Committee on Veterans’ Affairs: Subcommittee on Eco- No joint committee meetings were held. nomic Opportunity held a hearing on the following f bills: H.R. 3257, Military Family Leave Act of 2009; H.R. 3484, To amend title 38, United States COMMITTEE MEETINGS FOR FRIDAY, Code, to extend the authority for certain qualifying FEBRUARY 26, 2010 work-study activities for purposes of the educational (Committee meetings are open unless otherwise indicated) assistance programs of the Department of Veterans Affairs; H.R. 3579, To amend title 38, United States Code, to provide for an increase in the amount Senate of the reporting fees payable to educational institu- Committee on the Judiciary: to hold hearings to examine tions that enroll veterans receiving educational assist- the Office of Professional Responsibility Investigation ance from the Department of Veterans Affairs; H.R. into the Office of Legal Counsel Memoranda, 10 a.m., 3813, Veterans Training Act; H.R. 3948, Test Prep SD–226. for Heros Act; H.R. 3976, Helping Heroes Keep Committee on Veterans’ Affairs: to hold hearings to examine the President’s proposed budget request for fiscal year Their Homes Act of 2009; H.R. 4079, To amend 2011 for the Department of Veterans Affairs, 9:30 a.m., title 38, United States Code, to temporarily remove SR–418. the requirement for employers to increase wages for veterans enrolled in on-the-job training programs; House H.R. 4203, To amend title 38, United States Code, Committee on Energy and Commerce, Subcommittee on to direct the Secretary of the Veterans Affairs to pro- Health, hearing on Medical Radiation: An Overview of vide veterans certain educational assistance payments the Issues, 10 a.m., 2123 Rayburn. through direct deposit; H.R. 4359, WARMER Act; Committee on Financial Services, and the Committee on H.R. 4469, To amend the Servicemembers Civil Re- Small Business, joint hearing entitled ‘‘Condition of lief Act to provide for protection of child custody ar- Small Business and Commercial Real Estate Lending in rangements for parents who are members of the Local Markets,’’ 9 a.m., 2128 Rayburn. Armed Forces deployed in support of a contingency Permanent Select Committee on Intelligence, executive, briefing on Radicalization Analysis, 9 a.m., and executive, operation; and H.R. 4592, To provide for the estab- briefing on Fiscal Year 2011 Intelligence Budget for Re- lishment of a pilot program to encourage the em- search and Development, 11 a.m., 304–HVC. ployment of veterans in energy-related positions. Testimony was heard from Representatives Putnam, Joint Meetings Hall of New York, Sestak, Smith of Washington and Joint Economic Committee: to hold hearings to examine Turner; COL. Shawn Shumake, USA, Director, Of- the road to economic recovery, focusing on prospects for fice of Legal Policy, Office of the Under Secretary, jobs and growth, 10:30 a.m., SH–216.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Friday, February 26 9 a.m., Friday, February 26

Senate Chamber House Chamber Program for Friday: Senate will be in a period of morn- Program for Friday: Complete consideration of H.R. ing business. 2701—Intelligence Authorization Act for Fiscal Year 2010.

Extensions of Remarks, as inserted in this issue

HOUSE Grijalva, Rau´ l M., Ariz., E238, E239, E240 Mollohan, Alan B., W.Va., E259 Halvorson, Deborah L., Ill., E245, E247 Moore, Dennis, Kans., E240, E252 Aderholt, Robert B., Ala., E241 Hastings, Alcee L., Fla., E258 Oberstar, James L., Minn., E251 Barrett, J. Gresham, S.C., E250 Higgins, Brian, N.Y., E239 Ortiz, Solomon P., Tex., E249 Biggert, Judy, Ill., E238 Israel, Steve, N.Y., E238, E238 Paul, Ron, Tex., E255, E259 Blunt, Roy, Mo., E249 Issa, Darrell E., Calif., E253 Peters, Gary C., Mich., E244, E246, E254 Bonner, Jo, Ala., E257, E259 Johnson, Eddie Bernice, Tex., E250 Petri, Thomas E., Wisc., E241 Bordallo, Madeleine Z., Guam, E258 Kilroy, Mary Jo, Ohio, E241, E242 Poe, Ted, Tex., E244 Brady, Robert A., Pa., E255 Kirkpatrick, Ann, Ariz., E242 Quigley, Mike, Ill., E253 Brown, Henry E., Jr., S.C., E242, E244 Kucinich, Dennis J., Ohio, E240, E248, E253, E254 Radanovich, George, Calif., E237, E243, E254 Brown-Waite, Ginny, Fla., E248 Latta, Robert E., Ohio, E256 Reichert, David G., Wash., E250 Calvert, Ken, Calif., E252, E255 Lewis, Jerry, Calif., E240 Cardoza, Dennis A., Calif., E242 Lipinski, Daniel, Ill., E257 Richardson, Laura, Calif., E243, E248, E252 Clay, Wm. Lacy, Mo., E247 Lofgren, Zoe, Calif., E245 Roybal-Allard, Lucille, Calif., E245 Coffman, Mike, Colo., E248, E254 Luetkemeyer, Blaine, Mo., E251 Sa´ nchez, Linda T., Calif., E253 DeLauro, Rosa L., Conn., E237 McClintock, Tom, Calif., E247 Shuster, Bill, Pa., E239, E242 Diaz-Balart, Mario, Fla., E257, E260 McCotter, Thaddeus G., Mich., E238, E244 Sires, Albio, N.J., E239 Donnelly, Joe, Ind., E237, E246 McKeon, Howard P. ‘‘Buck’’, Calif., E239 Smith, Adrian, Nebr., E241 Eshoo, Anna G., Calif., E246 McMahon, Michael E., N.Y., E258 Smith, Lamar, Tex., E257 Etheridge, Bob, N.C., E256 McNerney, Jerry, Calif., E243 Stupak, Bart, Mich., E245 Farr, Sam, Calif., E251 Marchant, Kenny, Tex., E250 Terry, Lee, Nebr., E237, E243, E247, E254 Garrett, Scott, N.J., E238 Markey, Edward J., Mass., E249 Tsongas, Niki, Mass., E248

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