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, WEDNESDAY, MAY 26, 2010 No. 81 House of Representatives The House met at 10 a.m. and was PATRICK) come forward and lead the concluded that competition between called to order by the Speaker pro tem- House in the Pledge of Allegiance. engine suppliers could provide a life- pore (Mr. JACKSON of Illinois). Mrs. KIRKPATRICK of Arizona led cycle cost savings of over 20 percent. f the Pledge of Allegiance as follows: A competitive F–35 engine program would also reap other benefits such as DESIGNATION OF THE SPEAKER I pledge allegiance to the Flag of the United States of America, and to the Repub- increased reliability, improved con- PRO TEMPORE lic for which it stands, one nation under God, tractor responsiveness, a more robust The SPEAKER pro tempore laid be- indivisible, with liberty and justice for all. industrial base, and less chance to fore the House the following commu- f ground the entire fleet to fix a prob- nication from the Speaker: lem. MESSAGE FROM THE SENATE WASHINGTON, DC, Chairman ANDREWS and Ranking May 26, 2010. A message from the Senate by Ms. Member CONAWAY of the bipartisan I hereby appoint the Honorable JESSE L. Curtis, one of its clerks, announced House Defense Acquisition Reform JACKSON, Jr. to act as Speaker pro tempore that the Senate has passed without Panel have stated that annual engine on this day. amendment a bill of the House of the competition will make both engines NANCY PELOSI, Speaker of the House of Representatives. following title: better and save taxpayers money—up H.R. 5128. An act to designate the United to $21 billion based on the F–16 experi- f States Department of the Interior Building ence. PRAYER in Washington, District of Columbia, as the The development of the alternative The Chaplain, the Reverend Daniel P. ‘‘Stewart Lee Udall Department of the Inte- engine is now nearly 75 percent com- rior Building’’. Coughlin, offered the following prayer: plete. To pull the plug on this program ‘‘Rejoice in the Lord always, again I The message also announced that the would forfeit $3 billion in taxpayer say rejoice.’’ Senate has agreed to without amend- funds that have already been spent. Here is another day of creation; an- ment a concurrent resolution of the Competition saves taxpayers money. other opportunity to serve God’s people following title: It’s been proven to on the other fighter in this land of freedom. H. Con. Res. 211. Concurrent resolution rec- engine program. Why would we write a By the Spirit, may the Lord lift us in ognizing the 75th anniversary of the estab- blank check to a single supplier for 40 prayer renewing our faith. Knowing lishment of the East Bay Regional Park Dis- years? trict in California, and for other purposes. that lasting goodness is discovered in f f the Lord alone; and human freedom is REPUBLICAN INTERACTIVE a gift given to all the children of God; ANNOUNCEMENT BY THE SPEAKER INITIATIVES may Congress give the Lord glory by PRO TEMPORE accomplishing great deeds in His Holy (Mr. WILSON of South Carolina Name. The SPEAKER pro tempore. The asked and was given permission to ad- In the process, may we encourage one Chair will entertain up to 15 requests dress the House for 1 minute and to re- another and live in harmony and peace for 1-minute speeches on each side of vise and extend his remarks.) both now and forever. Amen. the aisle. Mr. WILSON of South Carolina. Mr. Speaker, Republicans are leading the f f charge on creative interactive initia- THE JOURNAL F–35 JOINT STRIKE FIGHTER tives that give the American people a The SPEAKER pro tempore. The (Mr. ARCURI asked and was given seat in Congress. Hardworking tax- Chair has examined the Journal of the permission to address the House for 1 payers are rightfully frustrated by last day’s proceedings and announces minute and to revise and extend his re- business as usual in Washington, par- to the House his approval thereof. marks.) ticularly when it comes to liberals Pursuant to clause 1, rule I, the Jour- Mr. ARCURI. Congress has supported dragging their feet on job creation bills nal stands approved. a competitive acquisition for the F–35 while continuing to rack up govern- f Joint Strike Fighter engine for the last ment spending. 14 years for good reason. The total pro- AmericaSpeakingOut.com, launched PLEDGE OF ALLEGIANCE gram is expected to cost more than $100 yesterday by Chief Deputy Whip KEVIN The SPEAKER pro tempore. Will the billion over the next 30 to 40 years. The MCCARTHY, will provide a forum for gentlewoman from Arizona (Mrs. KIRK- Government Accounting Office has concerned Americans to make their

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

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VerDate Mar 15 2010 04:51 May 27, 2010 Jkt 089060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A26MY7.000 H26MYPT1 rfrederick on DSKD9S0YB1PROD with HOUSE H3828 CONGRESSIONAL RECORD — HOUSE May 26, 2010 voices heard and share policy concepts. them believe that government policies wrong on the issue of taxpayer funding I believe that this online forum will are making it easier to create jobs. Is of abortions. We must stand in favor of have more job creation proposals and it any wonder that Americans have repealing and replacing the govern- more concepts on how to cut spending this opinion? ment health spending bill with real re- in just 1 day than the Washington lib- The so-called jobs bill this week per- forms that lower health care costs erals have presented all year. manently raises taxes in order to pay without subjecting us to any national- I encourage South Carolina residents for 1-year tax extensions. Unemploy- ized health plan. America does not and Americans across the country to ment is near 10 percent. Millions more want, need, or deserve government-con- go to AmericaSpeakingOut.com to am- Americans have just given up looking trolled health care. plify your proposals on fiscal account- for a job. It’s far past time that we f ability, national security, American stopped making it harder for busi- IRAN’S CONCESSIONS UPDATE jobs, and values. It is time for you to nesses to hire and started providing speak out and speak up. real help through regulatory relief and (Mr. QUIGLEY asked and was given In conclusion, God bless our troops, targeted tax breaks. That would be a permission to address the House for 1 and we will never forget September real jobs bill. minute.) 11th in the Global War on Terrorism. Mr. QUIGLEY. Mr. Speaker, I rise f today to urge the U.N. Security Coun- f NATIVE AMERICAN VETERANS cil to reject Iran’s attempt to continue NATURE’S GOD IS IN ALL OF US (Mrs. KIRKPATRICK of Arizona down the path of nuclear proliferation. Iran would have us believe that the (Mr. KUCINICH asked and was given asked and was given permission to ad- permission to address the House for 1 nuclear deal it reached with Brazil and dress the House for 1 minute.) Turkey was of the same caliber as the minute.) Mrs. KIRKPATRICK of Arizona. Mr. Mr. KUCINICH. The theologian offer Tehran rejected in October. The Speaker, on Monday, Memorial Day, Thomas Barry wrote that the great truth is, it’s not even close. This agree- folks across America will come to- work of our lives is to reconcile with ment would allow Iran to pursue rich- gether to pay tribute to our greatest nature, to come to establish a com- er-grade uranium, keep more of its nu- heroes—those who fought and died to munion with every living species on clear materials, and maintain access to keep this Nation safe and free. We owe the planet—with all humans, all ani- the dangerous supplies it would send to them and all of our men and women in mals and plants, with the land, the air, Turkey. uniform an eternal debt of gratitude. and the water. As children of a com- The Security Council must recognize Sadly, Washington has not always mon Creator, we are part of every liv- the severity of this threat posed by a done enough to pay their debt. Even ing thing. This requires reverence for nuclear Iran. It must choose a deal now, many Native American veterans the natural world. based on substance over convenience. When we look at the oil disaster in are struggling to keep a roof over their But most of all, it must remember the the Gulf of Mexico, we learn how far we heads because of their service. They safety and security of the State of must journey to reconcile with nature. are being denied housing assistance be- Israel and the Israeli people. The false doctrine of subduing the nat- cause they are receiving benefits that In the face of Iran’s latest diplomatic ural world puts us in danger of extinc- they have earned with their sacrifices. diversion, it is more important than tion because it ultimately attacks the I introduced the Indian Veterans ever that we levy real sanctions precondition of human existence and Housing Opportunity Act to right this against a nation bent on destroying a because it separates us from an under- wrong. This commonsense bill makes friend. The future of Israel—our most important ally—depends on it. standing of the essential interconnect- sure that veterans disability and sur- edness of all life. vivor benefits are not counted as in- f come under a critical Native American So we’re lulled into distancing our- HOUSE REPUBLICANS LAUNCH Housing Act. This program will bring selves from the oil disaster, from its ef- NEW WEB SITE fects on the natural world, from its ef- housing to our veterans who have al- ready paid the price. (Mr. PENCE asked and was given per- fects on future generations. Nature’s mission to address the House for 1 God is not just up there, but it’s in all This House approved the bill unani- mously last month, and Native vet- minute and to revise and extend his re- of us. And only when we truly under- marks.) stand the deep significance of the erans should not have to wait any longer for justice. I call on the Senate Mr. PENCE. After years of being shut Deepwater Horizon disaster will we be out of the debates here on Capitol Hill, to observe this Memorial Day by pass- prepared to take a new direction not seeing runaway Federal spending, bail- ing this important measure. only with our energy policies but with outs, and takeovers built behind closed our way of life. f doors, the American people finally f REPEAL AND REPLACE have a way in—an unambiguous seat at GOVERNMENT MAKING IT HARDER GOVERNMENT-RUN HEALTH CARE the table. It’s called (Mr. SAM JOHNSON of Texas asked AmericaSpeakingOut.com. (Mr. PITTS asked and was given per- Since the outset of this Congress, Re- and was given permission to address mission to address the House for 1 publicans have been offering positive minute and to revise and extend his re- the House for 1 minute and to revise solutions to the challenges facing this marks.) and extend his remarks.) country. In building a governing agen- Mr. PITTS. Mr. Speaker, this week Mr. SAM JOHNSON of Texas. Mr. da for this Congress, Republicans have the House is going to consider another Speaker, a new poll shows that 63 per- been listening to the American people, so-called jobs bill, but what is really in cent of the American public wants to and AmericaSpeakingOut.com is a con- this bill? Certainly not many private repeal the expensive government-run tinuation of that process. sector jobs or real help to America’s health spending law. Sixty-three per- Now let me say, this is not a listen- small businesses. cent represents the largest opposition ing tour. House Republicans are not a Extending unemployment compensa- to the law since its enactment. It’s no party in search of our principles. We tion is necessary, but it’s not creating surprise, as the law forces people to know what we believe. We’re com- jobs. A delayed fix to the Medicare re- hand over their hard-earned tax dollars mitted to the principles of economic imbursement rate isn’t creating new to a private company to buy health in- growth, fiscal discipline, a strong de- jobs. Billions of dollars to bail out surance or else. fense, and traditional American values. State Medicaid programs isn’t jobs. As a constitutional conservative, I But we simply believe that the best Welfare payments aren’t jobs. We’re have to agree with the 63 percent of ideas in America come from the Amer- about to spend $200 billion on a so- American voters who want this expen- ican people. That’s why we launched called jobs bill without creating any sive, irresponsible, overreaching law AmericaSpeakingOut.com. private sector jobs. repealed and replaced. So I urge all Hoosiers and, frankly, Just a few months ago, I polled 16,000 Democrats were wrong on the bill’s all my countrymen, whatever your pol- of my constituents. Only 12 percent of cost, wrong on the effect on jobs, and itics, whatever your philosophy, join us

VerDate Mar 15 2010 00:42 May 27, 2010 Jkt 089060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K26MY7.003 H26MYPT1 rfrederick on DSKD9S0YB1PROD with HOUSE May 26, 2010 CONGRESSIONAL RECORD — HOUSE H3829 for the conversation at cerned that one of the top officials in Prior to health care reform, during AmericaSpeakingOut.com. House Re- the Obama administration in charge of graduation time, graduating students publicans are listening. enforcing our Nation’s immigration get a diploma in one hand and a notice f laws is refusing to do his job. Regard- from their parents’ insurer that they less of his personal feelings on the Ari- are being kicked off their parents’ in- 1015 b zona immigration law, Assistant Sec- surance coverage. Because of health WHAT PEOPLE GAVE FOR THEIR retary Morton has an obligation to en- care reform, 1.2 million up to age 26 COUNTRY force the rule of law and protect U.S. Americans will now be able to use their (Mr. COHEN asked and was given per- citizens and legal residents. parents’ health insurance. For the voices who call for repeal, I mission to address the House for 1 Arizona is under siege with both challenge them to tell those families minute and to revise and extend his re- human and drug smuggling, and it is that we should repeal that provision marks.) on the front lines dealing with Mexi- and kick their kids off health insur- Mr. COHEN. Mr. Speaker, on Monday co’s drug violence that is spilling over ance. it was my birthday, and it didn’t quite into the United States. On behalf of my constituents and In a few days, we are going to pass a go as planned. One of the things I did is Defense authorization bill which will I went to Arlington Cemetery and millions of Americans, I urge President Obama and Immigration and Customs extend age 26 coverage for TRICARE so spent 4 hours looking at the graves and that military families will also be able Enforcement Secretary Morton to en- thinking about American history and to insure their kids up to age 26. That’s force our immigration laws. the people who wished they had a why health care reform was needed in birthday, and what they gave for their f this country. We are going to provide country. Some gave their lives, some HONORING THE LIFE OF TAM 14 million young adults with health in- gave part of their lives. NGOC TRAN surance coverage by 2014. It is because I visited the Kennedy graves and let we took that step that we are going to (Ms. LORETTA SANCHEZ of Cali- the word go forth. I visited Robert Ken- provide access to that population. nedy’s grave and the tiny ripples of fornia asked and was given permission f hope that can wipe down the mightiest to address the House for 1 minute and walls of oppression. But I found Earl to revise and extend her remarks.) COMPREHENSIVE IMMIGRATION Warren’s grave, along with John Foster Ms. LORETTA SANCHEZ of Cali- REFORM Dulles and Arthur Goldberg together. fornia. Mr. Speaker, I rise today to re- (Mr. BACA asked and was given per- I would like to read from Earl War- member an extraordinary young mission to address the House for 1 ren’s tombstone. I think it is some- woman, a scholar, a student activist, minute.) thing we should reflect on. Ms. Tam Ngoc Tran of Garden Grove, Mr. BACA. Mr. Speaker, our immi- ‘‘Where there is injustice, we should California, who was recently killed in a gration system is broken and yet there correct it. Where there is poverty, we head-on collision with her close friend, are those that refuse to do anything should eliminate it. Where there is cor- Cinthya Perez. about it. The misguided Arizona law ruption, we should stamp it out. Where Tam was the daughter of a refugee S.B. 1070 has made it so difficult for there is violence, we should punish it. couple who fled Vietnam over two dec- families that some have started to Where there is neglect, we should pro- ades ago after escaping from a com- leave the State. vide care. Where there is war, we munist reeducation camp. The general atmosphere in Arizona is should restore peace. And wherever She graduated from Santiago High one of distrust and fear, not just for corrections are achieved, we should add School, attended Santa Ana College, Hispanic families, but for all commu- them permanently to our storehouse of transferred to UCLA, earned a bach- nities of color. In the media, blatant treasures.’’ elor’s degree in American literature attacks, hate speeches, negative im- This from the vice presidential can- and culture and was a doctoral student ages of Latinos only adds to the fuel didate of the Grand Old Party in 1948, at Brown University. and fire. the nominee for the Supreme Court and Tam was also a courageous leader Immigration reform is about people, the Chief Justice, nominated by who inspired many through her per- all of us. It’s about families, our neigh- Dwight Eisenhower when Republicans sonal story of immigration. In 2007, the bors, our fellow parishioners, our class- mates, our children. Make no mistake, were Republicans. Thank God for Earl U.S. Immigration and Customs En- our immigration problem will not go Warren. forcement Agency raided the Tran away by just attacking those without a God bless the United States, and may home and subsequently arrested Tam and many of her family members. voice. God save the Gulf of Mexico because it I urge my colleagues, both Demo- doesn’t look like anybody else is going Representatives LOFGREN, SMITH, and I then wrote a letter to then-Secretary crats and Republicans, to roll up their to. sleeves and pass comprehensive immi- Rice urging her to uphold the U.S. pol- f gration reform that will reinforce icy regarding the return of refugees to strong security at our borders, strong LACK OF COMMITMENT ENFORC- the Socialist Republic of Vietnam. sanctions against employers who hire ING NATIONAL IMMIGRATION That allowed them to remain in the the undocumented workers, and unite LAWS United States. our families. (Mr. SULLIVAN asked and was given f We need comprehensive immigration permission to address the House for 1 reform now. minute and to revise and extend his re- CONTINUE HEALTH INSURANCE marks.) COVERAGE OF CHILDREN UNTIL f Mr. SULLIVAN. Mr. Speaker, I am AGE 26 STRAIGHT FROM BP’S WEB SITE troubled by this administration’s com- (Mr. COURTNEY asked and was (Mr. GUTIERREZ asked and was mitment, this lack of commitment of given permission to address the House given permission to address the House enforcing our national immigration for 1 minute.) for 1 minute and to revise and extend laws. Mr. COURTNEY. Mr. Speaker, on his remarks.) Just last week, John Morton, Assist- May 7 United Technologies Corpora- Mr. GUTIERREZ. Mr. Speaker, here ant Secretary of Homeland Security tion, the largest private employer in is an excerpt straight from BP’s Web for the U.S. Immigration and Customs the State of Connecticut, announced site. ‘‘Code of conduct is the corner- Enforcement, said that ‘‘his agency that they were going to take advantage stone of their commitment to integ- will not necessarily process illegal im- of the health care reform law and ex- rity.’’ You can’t make this stuff up. migrants referred to them by Arizona tend age 26 coverage to all their em- It goes on to say ‘‘Great companies officials,’’ in light of their new State ployees’ families. A few days later, Mo- are built on trust. Trust is earned law. hegan Sun Casino, which employs through the achievement of consist- My district contains two permanent 10,000 in the State of Connecticut, ently high standards of behavior and ICE offices, and I am seriously con- made the same decision. care.’’

VerDate Mar 15 2010 04:51 May 27, 2010 Jkt 089060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K26MY7.004 H26MYPT1 rfrederick on DSKD9S0YB1PROD with HOUSE H3830 CONGRESSIONAL RECORD — HOUSE May 26, 2010 Wait, but it gets better. The docu- holding up perfectly valid mining per- Our friends on the other side of the ment also says that among the ‘‘basic mits. This report brings to light yet aisle sometimes want the public to for- rules you must follow’’ at BP is always another example of the EPA’s war on get we inherited an economy in free to ‘‘make sure you know what to do if coal that threatens our country’s eco- fall last January. GDP had plummeted an emergency occurs at your place of nomic energy and security. 5.4 percent and 741,000 Americans lost work.’’ Straight from BP’s Web site. The report found that 190 coal mining their jobs that month. This Congress Well, 40 days into one of the worst ec- operations are being held up. These took decisive action to halt that down- ological disasters of our time, BP has mines are expected to produce over 2 ward spiral known as the Great Reces- yet to meet its own commitment in its billion tons of coal, and 81 small busi- sion. Web site to its own integrity. If the nesses rely on these permits to keep Those efforts are yielding results code of conduct is consistently vio- their doors open. The EPA is jeopard- today, fostering 290,000 jobs last lated, causing massive destruction and izing 1 out of every 4 coal mining jobs month, 600,000 jobs so far this year, on loss of life, then that employee or con- and over 162,000 indirect jobs in Appa- a track to create more jobs this year tractor would be terminated. The lachia. than in the previous 8 years under their American people should demand no Enough is enough. With nearly dou- rule. In my Virginia district alone we less. ble-digit unemployment throughout created 4,000 jobs last month and saw Today I plan to introduce an amend- the Appalachian region, the Obama ad- the unemployment rate drop. ment to the Department of Defense au- ministration should tell its EPA to The national economy has posted thorization bill to begin the process of stop its political attacks on coal. Now positive growth in each of the last terminating BP’s business with the is the time to put politics aside so three-quarters, jumping 5.6 percent American people. Please join me in thousands of citizens in Appalachia can alone in the first quarter. Mr. Speaker, supporting my amendment to ensure return to work. our Republican colleagues continue to that BP is permanently banned from f advocate for the bankrupt policies that profiting off the American taxpayer. previously drove our Nation into the AMERICAN JOBS AND CLOSING economic ditch. We have chosen a new f TAX LOOPHOLES path, and it’s those actions and invest- HONORING MELISSA BEYRUTI OF (Ms. PINGREE of Maine asked and ments that are putting Americans back UNION CITY, NEW JERSEY was given permission to address the to work today. (Mr. SIRES asked and was given per- House for 1 minute and to revise and f mission to address the House for 1 extend her remarks.) minute.) Ms. PINGREE of Maine. Mr. Speaker, ASIAN-PACIFIC AMERICAN Mr. SIRES. Mr. Speaker, today I rise I want to talk about H.R. 4213 and the HERITAGE MONTH to honor the achievements of an inspir- impact it will have on an economy that (Ms. SPEIER asked and was given ing student athlete, Melissa Beyruti of may be improving but has not gone far permission to address the House for 1 Kean University. enough yet. This important bill will minute and to revise and extend her re- Melissa, an All-American senior bas- put the folks in Maine back to work by marks.) ketball guard from Union City, New increasing investment in our commu- Ms. SPEIER. Mr. Speaker, I rise to Jersey, finished her career this past nities and businesses and by closing commemorate Asian-Pacific American March to become the NCAA Division tax loopholes. Heritage Month and the remarkable III leader in all-time games played Because of this bill, small businesses contributions the Asian and Pacific Is- with 128. She also became Kean’s all- that are the backbone of our economic lander community have made to our time leading scorer, closing out her ca- recovery will have increased access to Nation. I am a proud member of the reer with 1,974 points, and she holds the credit. The Build America’s Bonds pro- Congressional Asian Pacific American NCAA all-division record for career gram will continue to allow towns to Caucus, and my district includes some three pointers with 397. invest in improving their infrastruc- of the most robust and active Filipino In addition to being chosen for the ture and provide good-paying construc- and Chinese communities in America. 2010 NCAA Division III State Farm tion jobs for many Americans. In my For centuries our Nation has been Coaches’ All-American Team, Melissa home State of Maine, extending the re- strengthened by the enormous courage, has been named as both the Eastern search and development tax credit sacrifice, and dedication of immigrants College Athletic Conference Division helps important businesses like IDEXX from across the globe, and the Asian III Metro Region Player of the Year in Westbrook to grow and develop inno- American Pacific Islander community and the New Jersey Athletic Player of vative new products. is no exception. As the daughter and the Year. Highlights of her career have I am proud to say this bill also granddaughter of immigrants, I know been featured in The New York Times cracks down on tax loopholes that firsthand how weaving values and prin- and Sports Illustrated. allow hedge fund managers to avoid ciples from our cultures into our na- Melissa has served as both an exem- paying income tax on much of their tional fabric is a part of what makes plar student athlete and role model for salaries, and the bill makes sure that our country great. young girls and women, making her multinational corporations don’t avoid The heroes of the AAPI community family, university, and the community paying taxes by shifting their profits represent the very best aspects of of Union City very proud. She is an in- to offshore tax havens. American life, and their contributions spiration to many, and I want to con- Closing tax loopholes generates bil- have been invaluable to my district, gratulate her and her family. I look lions of dollars to pay for the provi- the State of California, and to our forward to her many future successes sions that create jobs in our commu- country. on and off the court. nities. I look forward to voting ‘‘yes’’ f on this important bill. f PUT LIMITS ON CORPORATIONS’ SENATE ENVIRONMENT AND PUB- f ABILITY TO INFLUENCE AMER- LIC WORKS COMMITTEE REPORT BUSINESS ECONOMIC HISTORY ICAN ELECTIONS ON THE EPA THAT MIGHT MAKE PINOCCHIO (Mr. YARMUTH asked and was given (Mr. ROGERS of Kentucky asked and BLUSH permission to address the House for 1 was given permission to address the (Mr. CONNOLLY of Virginia asked minute.) House for 1 minute and to revise and and was given permission to address Mr. YARMUTH. Mr. Speaker, when extend his remarks.) the House for 1 minute and to revise the Supreme Court handed down a deci- Mr. ROGERS of Kentucky. Mr. and extend his remarks.) sion in the Citizens United case, which Speaker, this past Friday, the Senate Mr. CONNOLLY of Virginia. Mr. allowed corporations, including foreign Environment and Public Works Com- Speaker, yesterday we heard some corporations, to spend money to advo- mittee released a report that outlines business economic history that might cate candidates in American elections, the economic impact of the EPA’s make even Pinocchio blush. many people might have thought this

VerDate Mar 15 2010 00:42 May 27, 2010 Jkt 089060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K26MY7.006 H26MYPT1 rfrederick on DSKD9S0YB1PROD with HOUSE May 26, 2010 CONGRESSIONAL RECORD — HOUSE H3831 was an abstract threat. But the events Whereas the families of the lost workers oil spill it produced will have signifi- of the last month probably should con- have endured a great loss; and cant political and policy ramifications. vince them otherwise. Whereas residents of the Gulf Coast and We will debate those here on the House Last year, BP Oil made $14 billion in the Nation came together to support these floor, but that is not what we are here families: Now, therefore, be it profit. If they took one-tenth of that Resolved, That the House of Representa- to do today. As we are joined today by profit, $1.4 billion, they could spend $3 tives— the family of one of the victims of the million in every congressional district (1) recognizes the untimely and tragic loss explosion, let us put aside all dif- for every election. It might be less ex- of the 11 workers from the States of Lou- ferences and offer our united, heartfelt, pensive for them to buy Congress than isiana, Mississippi, and Texas who died on and profound sympathies to the fami- it would be to pay the damages that the Deepwater Horizon offshore oil platform lies and friends of these 11 workers. they have done to this country. in the Gulf of Mexico off the coast of Lou- isiana; I would now like to place into the You know, in Kentucky, we have a CONGRESSIONAL RECORD the names of candidate, Rand Paul, who is running (2) extends the deepest condolences of the Nation to the families of these men; these hardworking Americans who lost for the Senate. He said President (3) recognizes all employees on the Deep- their lives in this tragedy: Dale Obama was being un-American when he water Horizon for their hard work and sac- Burkeen, Donald Clark, Roy Wyatt said he wanted to keep his foot on the rifice; Kemp, Jason Anderson, Stephen Curtis, throat of BP Oil. Do you think Rand (4) commends the rescue crews for their Gordon Jones, Karl Kleppinger, Blair Paul might be getting some campaign valiant efforts to rescue these workers and Manuel, Dewey Revette, Shane Roshto, others on the platform; and expenditures from BP this year? and Adam Weise. The damage that BP Oil has done to (5) honors the many volunteers who pro- I urge all of my colleagues to join me our country is not nearly as great as vided support and comfort for the families of these people during this difficult time. in supporting this measure. I thank the the damage which the Citizens United gentleman from Louisiana for intro- case could do to our democracy. We The SPEAKER pro tempore. Pursu- ducing it, and I also thank the chair- need to pass the DISCLOSE Act and ant to the rule, the gentlewoman from man of the Committee on Oversight put limits on corporations’ ability to California (Ms. SPEIER) and the gen- and Government Reform, Congressman influence American elections. tleman from Louisiana (Mr. CAO) each will control 20 minutes. TOWNS of New York, as well as the f The Chair recognizes the gentle- ranking member, Representative ISSA b 1030 woman from California. of California, for their support. ANNOUNCEMENT BY THE SPEAKER GENERAL LEAVE [From Times Online, Apr. 30, 2010] Ms. SPEIER. Mr. Speaker, I ask PRO TEMPORE THE MISSING MEN OF DEEPWATER HORIZON unanimous consent that all Members OIL RIG The SPEAKER pro tempore. Pursu- have 5 legislative days in which to re- ant to clause 8 of rule XX, the Chair vise and extend their remarks. (By Joanna Sugden) will postpone further proceedings The SPEAKER pro tempore. Is there Eleven men were missing presumed dead today on motions to suspend the rules objection to the request of the gentle- after the Deepwater Horizon oil rig exploded on which a recorded vote or the yeas woman from California? last week. and nays are ordered, or on which the There was no objection. Dale Burkeen, 37 was a crane operator on vote incurs objection under clause 6 of Ms. SPEIER. Mr. Speaker, I yield the platform and was trained to lower crew rule XX. myself such time as I may consume. members to boats in an emergency. Record votes on postponed questions Mr. Speaker, it is with great sadness He had returned to the rig from Neshoba, will be taken later. that I present H. Res. 1347 for consider- near Philadelphia, about a week before the explosion. He and wife, Rhonda, have two f ation. This resolution honors the 11 workers who perished on the Deep- children, Aryn, 14 and Timothy, 6. HONORING WORKERS WHO PER- water Horizon offshore oil platform fol- Donald Clark, 49 of Newellton, Louisiana, ISHED IN DEEPWATER HORIZON was expected to leave the rig the day after lowing an explosion on April 20 of this ACCIDENT the explosion for a three-week break. He was year. We mourn their loss and extend an assistant driller. Ms. SPEIER. Mr. Speaker, I move to our prayers and condolences to their suspend the rules and agree to the reso- Roy Wyatt Kemp, 27, has two children, families. Kaylee, 3, and 3-month-old Maddison, with lution (H. Res. 1347) honoring the work- H. Res. 1347 was introduced by our his wife, Courtney. ers who perished on the Deepwater Ho- colleague, the gentleman from Lou- He loved fishing and the outdoors and at- rizon offshore oil platform in the Gulf isiana, Representative CHARLIE tended a Baptist church in Jonesville, Lou- of Mexico off the coast of Louisiana, MELANCON, on May 11, 2010. The meas- isiana, where a memorial service for him will extending condolences to their fami- ure was reported to the Committee on be held today. lies, and recognizing the valiant efforts Oversight and Government Reform, Jason Anderson, was a father of two from of emergency response workers at the which waived consideration of the Bay City, Texas. disaster site. measure to expedite its consideration Stephen Curtis was an assistant driller on The Clerk read the title of the resolu- on the floor today. The resolution has the rig from Georgetown, Louisiana. tion. the support of over 50 Members of the Gordon Jones, 28, of Louisiana, was expect- The text of the resolution is as fol- House. ing to become a father to a second son with lows: Mr. Speaker, the deaths of the 11 his wife, Michelle. H. RES. 1347 workers on the Deepwater Horizon off- Karl Kleppinger, 38, of Natchez, Mississippi was a Desert Storm veteran who spent more Whereas 11 workers tragically died on the shore oil platform last month were a than ten years working on oil rigs. He was a Deepwater Horizon offshore oil platform fol- tragic reminder of the severe hazards floorman who made about $75,000 a year lowing an explosion on April 20, 2010; that offshore workers face every day. working off the Louisiana coast. Whereas the Nation is greatly indebted to As we mourn the loss of these men, let offshore workers for the strenuous work they Blair Manuel, 56, resident of Gonzales, perform to provide the energy that drives us take a moment to reaffirm our com- Louisiana, was a chemical engineer on the our Nation every day; mitment to the safety of our offshore rig. Whereas the Nation has long recognized oil workers and all Americans who per- Dewey Revette, 48, from State Line, Mis- the importance of safety protections for off- form such dangerous and necessary sissippi, was a father who had worked for the shore workers who labor in difficult and un- work every day. Let us also take a mo- company as an oil driller for 29 years. certain conditions; ment to commend our Coast Guard and Shane Roshto, 22, was from Franklin Coun- Whereas these men were loving husbands, the local rescue crews for their tireless ty, Mississippi. His family were named on law suits filed by Louisiana’s fisheries indus- sons and brothers; efforts responding to this catastrophe. Whereas these workers should be remem- try, accusing BP and Transocean, the rig op- bered for their valor and contribution to our Their jobs are also incredibly difficult erator, of negligence. communities; and dangerous, and we thank them for Adam Weise, 24, of Yorktown, Texas, came Whereas Coast Guard and local rescue their hard work. straight from high school work on the rig in crews worked tirelessly night and day in Mr. Speaker, the Deepwater Horizon 2005. He loved to hunt and fish and play foot- courageous rescue and recovery missions; explosion and the ongoing crisis of the ball. He was the youngest of four children.

VerDate Mar 15 2010 00:42 May 27, 2010 Jkt 089060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K26MY7.007 H26MYPT1 rfrederick on DSKD9S0YB1PROD with HOUSE H3832 CONGRESSIONAL RECORD — HOUSE May 26, 2010 [From the Houston Chronicle, May 24, 2010] talk with the Houston Chronicle in hopes April 20 speaking of the ongoing im- RELATIVES REMEMBER THE 11 LOST IN OIL RIG that more people will know not just how pact of this tragedy on the gulf coast. BLAST Adam died but also how he lived. Today, though, I wish to focus this Adam’s older sister, Gwendolyn Weise, said (By Dane Schiller) that somewhere deep she still holds a glim- body’s entire attention on those whose YORKTOWN.—The hand-scrawled note on mer of hope he’ll be found. lives were lost on that day and those the cover of the steno pad is as simple as it ‘‘I just can’t get over not having anything who continue to respond to the crisis. is startling. . . . him, by himself,’’ she said. As I listen to my colleagues speak in ‘‘April 20, 2010 . . . Start of Hell,’’ wrote Adam Weise loved playing football for the support of this resolution, my heart is Texas mother Arleen Weise. Yorktown Wildcats, but he wasn’t the best of At ‘‘6:00 AM’’ the next morning, Weise heavy. As with their families and students in high school. friends, I mourn the loss of those who noted, she got word of the explosion on the He worked on a ranch and then headed for Deepwater Horizon, the massive oil rig where the oil fields. He didn’t like the filth but died aboard the oil platform. On that her youngest son, Adam, was working in the could handle the details in a world where tragic day, the 11 men—Jason, Aaron, Gulf of Mexico when he was killed. even a dropped wrench could tumble for a Donald, Stephen, Roy, Karl, Gordon, ‘‘I knew in my heart,’’ she said of her son’s mile through pipeline. Blair, Dewey, Shane, and Adam—were fate as she stood beside his jumbo-size pick- He made enough not only for his truck, on the rig doing what they knew best. up parked outside his home in this tiny town which was nicknamed ‘‘Big Nasty,’’ but the The demands of working the rigs, as near Victoria. didn’t say it to anyone; I just neat two-bedroom home he shared with a anyone who lives along the gulf coast knew.’’ cat. A red Transocean jumpsuit still hangs With the pad, she has kept a record of peo- beside camouflage shirts and jackets for knows, are great. It is physically de- ple she has spoken with since that first hunting. manding work, and it takes loved ones phone call: Coast Guard officers discussing When he was back on land at home, he was away from their families for long the search for her son. Oil company officials a prankster. stretches at a time. talking about benefits. A preacher framing a His mother said he once used a bullhorn to Our coastline is a working coastline eulogy. Craftsmen chiseling a black marble make her think the police had surrounded because we are blessed with an abun- headstone. the beauty shop where she worked. dance of natural resources in the Gulf The notepad will travel with her today as ‘‘This is the police,’’ she recalls hearing she and the families of all 11 workers killed over the bullhorn. ‘‘Arleen Weise, come out of Mexico. From fishermen to those in the accident gather for the first time for with your hands up.’’ She fell for it. working the rigs, each day you can find a memorial service to be held behind closed Remembering him makes her laugh as well thousands on the waters laboring to doors at a convention center in Jackson, as cry. She said she has had so much to do produce these resources and to con- Miss. since his death that only now are some tribute to the industry and economy of Twenty-one of Adam Weise’s closest things really taking hold. this Nation. friends and family will be flown on a charter ‘‘These last few days it has hit me that my On April 20, the 11 men were working son is never coming back to me. I’m not flight paid for by Transocean, the company to provide the energy that has driven for which he worked. holding it together,’’ she said. ‘‘Now, I keep He was one of two Texans killed. seeming to be more of a mess.’’ this Nation for centuries and that con- The other was Jason Anderson of Midfield, ‘WELL FROM HELL’ tinues to be a force in the economy of who left behind a wife and two young chil- Adam Weise and his friend Caleb Holloway, my home State of Louisiana. This is dren. of Liberty, were nearing the end of their last dangerous work, and it is our responsi- Anderson’s funeral was held Saturday at a shift and at the end of their three-week rota- bility to ensure that safety precautions packed church in Bay City. One of his spare tion before heading home when a supervisor are taken and that procedures are blue safety helmets and an XXL work shirt, needed one of them to go to the pump room. strictly followed. complete with an embroidery of the drilling Weise took the job and told Holloway he’d rig on the right breast pocket, were on a The explosion is being investigated see him later. Holloway survived. by various parties, including congres- stage filled with flowers. If Weise had made it, he never would have On one side of the church, where Anderson been able to live with the guilt over those sional committees, and it is our re- married his wife, Shelley, sat his family; on who died, his family said. ‘‘We’d have never sponsibility to ensure the findings are the other, fellow rig workers. had our Adam back,’’ said his grandmother, swiftly addressed with new policies to ‘‘We definitely do not understand why Nelda Winslette. strengthen safety procedures for those Jason is gone and the other 10 members of Added his mother: ‘‘There is not enough working in dangerous and uncertain his rig,’’ said Pastor Clyde Grier. ‘‘We cannot counseling in the world to have brought him conditions. You have my word this will let the things we don’t understand dismiss back.’’ what we do.’’ be done. His girlfriend, Cindy Shelton, said he had In times of tragedy, this Nation has He spoke of the burly man who played high been calling her before and after every school football, loved to hunt and was known shift—unusual for him. She says he was frus- come together as one, and this is espe- for his Texas two-step. trated with problems on the project. cially the case for those along the gulf Anderson, like Weise, knew of the dangers ‘‘Everything that could go wrong was coast. I wish to recognize the extraor- of working on a rig. But along with the phys- going wrong,’’ she said. ‘‘Every time he’d dinary work of the thousands of volun- ically demanding work and sweat came pay- call me, he’d say, ‘This is a well from hell.’ ’’ teers and emergency personnel, from checks that could easily surpass $50,000 an- nually. Mr. Speaker, I reserve the balance of the Red Cross to the U.S. Coast Guard, my time. whose unhesitating response to the call LEFT TO WONDER Mr. CAO. Mr. Speaker, I yield myself of need thus represents the compassion Arleen Weise said she doesn’t know what such time as I may consume. and dedication of this great Nation. to expect today, whether other families will Mr. Speaker, I rise today in support be angry and confrontational or comforting. To the families of the 11 who per- She does understand, though, that none of of House Resolution 1347. This resolu- ished, I realize that nothing my col- them will ever know what happened in those tion honors the workers who perished leagues nor I here today can say will final moments, no matter what her steno on the Deepwater Horizon offshore oil return your sons, husbands, and broth- notepad says. platform off the coast of Louisiana and ers to you, but it is my hope that the She knows her son was in the pump room. extends our sincerest condolences to gratitude and respect we express on be- A surviving co-worker told her so. those families. It also recognizes the half of the citizens of this great Nation And she knows how many rescue flights valiant efforts of emergency response were flown and miles covered before the will provide some comfort to you while search was abandoned. There were 28 flights workers and volunteers at the disaster you grieve your loss. covering 6,600 nautical miles, she said. site. In closing, Mr. Speaker, I urge my She has imagined her 24-year-old son—the I commend my colleague and friend, colleagues to support House Resolution youngest of four—plunging into the night- Congressman MELANCON, for bringing 1347. time sea and flailing to untie his heavy work this important piece of legislation be- I reserve the balance of my time. boots and slip out of his jumpsuit. fore the House, and I extend my appre- Ms. SPEIER. Mr. Speaker, I yield She decided that the explosion was so mas- ciation to him and to the rest of our such time as he may consume to the sive he never even knew what hit him. colleagues in the Louisiana congres- gentleman, a great leader, from Lou- It is comforting—no pain, no suffering,’’ she said. ‘‘He’s on the bottom of the Gulf sional delegation for working together isiana (Mr. MELANCON),. with the Deepwater Horizon.’’ to address this disaster. Mr. MELANCON. Thank you, Rep- She and three other women—Adam’s Mr. Speaker, I have come to the resentative SPEIER. Thank you all very girlfriend, sister and grandmother—agreed to House floor a number of times since much.

VerDate Mar 15 2010 04:51 May 27, 2010 Jkt 089060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\A26MY7.005 H26MYPT1 rfrederick on DSKD9S0YB1PROD with HOUSE May 26, 2010 CONGRESSIONAL RECORD — HOUSE H3833 I rise today with a heavy heart to re- that eclipses the sadness we’re experi- parts of the United States, from historic member the 11 men that died on the encing on the coast, it’s the loss of landmarks and national parks to local camp- offshore rig Deepwater Horizon. Those those 11 lives, the 11 brave men who grounds and sporting events; and men and thousands of them like them, died on that Horizon rig, and the fami- Whereas the 100th anniversary of the intro- duction of the recreational vehicle into the women included, travel out to offshore lies that they left behind. So many of United States marketplace will be celebrated rigs every day to work hard and pro- those young men left behind young June 7, 2010, at the RV/MH Hall of Fame and vide opportunities for the rest of us to children and wives who now have to Museum in Elkhart, Indiana: Now, therefore, make a living. cope with the loss and somehow find a be it As the crisis in the Gulf of Mexico way to move on. Resolved, That the House of Representa- continues to grow, we see shorelines, So our prayers go out to those who tives— fisheries, and other economies threat- lost their lives, and their families who (1) supports the goals and ideals of RV Cen- tennial Celebration Month to recognize and ened. This unprecedented event has the are continuing to experience the trag- honor 100 years of enjoyment of recreational entire gulf coast and country watching edy that we’re all so sorry for experi- vehicles in the United States; and to see how soon we can end this. encing on the gulf coast. So it’s a sad (2) encourages the people of the United Setting aside the present crisis for a time for all of us on the gulf coast, but States to celebrate this anniversary by tak- moment, I am proud to stand with we want to give a special pause for ing part in recreational vehicle vacations. Members of this Congress to remember those who lost their lives and the The SPEAKER pro tempore. Pursu- those men who represent a very human young children and spouses that they ant to the rule, the gentlewoman from face to this tragedy. leave behind. California (Ms. SPEIER) and the gen- I would also like to take a moment Mr. CAO. Mr. Speaker, I yield back tleman from Louisiana (Mr. CAO) each to recognize the families of those 11 the balance of my time. will control 20 minutes. people. Those men were doing what so Ms. SPEIER. Mr. Speaker, I encour- The Chair recognizes the gentle- many other men and women do in Lou- age my colleagues to join me in sup- woman from California. isiana every day. They were working to porting H. Res. 1347, and I yield back GENERAL LEAVE provide a better life for their families the balance of my time. Ms. SPEIER. Mr. Speaker, I ask while braving difficult and sometimes The SPEAKER pro tempore. The unanimous consent that all Members dangerous conditions to provide domes- question is on the motion offered by may have 5 legislative days in which to tic energy needed to drive our Nation the gentlewoman from California (Ms. revise and extend their remarks. and our economy. Our thoughts are SPEIER) that the House suspend the The SPEAKER pro tempore. Is there with these families, and I pray that rules and agree to the resolution, H. objection to the request of the gentle- their grief is not forgotten by the rest Res. 1347. woman from California? of us. The question was taken. There was no objection. And we should also recognize the The SPEAKER pro tempore. In the Ms. SPEIER. I yield myself such time courageous work of the emergency re- opinion of the Chair, two-thirds being as I may consume. Mr. Speaker, I rise in support of H. sponders who fought the blaze and in the affirmative, the ayes have it. Res. 1073, a measure supporting the saved lives that night. The loss of Ms. SPEIER. Mr. Speaker, on that I goals and ideals of RV Centennial Cele- those 11 workers is a high cost to their demand the yeas and nays. bration Month. families, and so I ask everyone to The yeas and nays were ordered. please remember the personal side to This measure was introduced by my The SPEAKER pro tempore. Pursu- colleague, the gentleman from Indiana, this tragedy as we move forward. ant to clause 8 of rule XX and the Representative JOE DONNELLY, on Feb- Please keep them in your thoughts Chair’s prior announcement, further ruary 4 of this year. It was referred to and, particularly, keep them in your proceedings on this motion will be the Committee on Oversight and Gov- prayers. postponed. ernment Reform, which waived consid- Mr. CAO. Mr. Speaker, I yield 2 min- f eration of the measure to expedite its utes to my distinguished colleague and consideration on the House floor today. friend from Louisiana (Mr. ALEX- b 1045 The measure enjoys the support of over ANDER). SUPPORTING RV CENTENNIAL 50 Members of the House. Mr. ALEXANDER. I thank the gen- CELEBRATION MONTH Mr. Speaker, RVing is one of the tleman for yielding. great American traditions in travel. All along the gulf coast, there are Ms. SPEIER. Mr. Speaker, I move to The 30 million Americans who regu- many communities hundreds of miles suspend the rules and agree to the reso- larly vacation via their recreational from the edge of the water, commu- lution (H. Res. 1073) supporting the vehicles get to travel far and wide nities that are filled with families that, goals and ideals of RV Centennial Cele- bration Month to recognize and honor around our country, exploring our ma- for generation after generation, have jestic landscapes, our national and produced the workers that are required 100 years of the enjoyment of rec- reational vehicles in the United States. State parks, and taking part in a to produce gas and oil in the gulf re- healthy, outdoor activity. RVs help gion. Some of those workers leave The Clerk read the title of the resolu- tion. them do so at a price affordable to fam- home for periods of 7 days, 14 days, per- ilies. There are destinations for RVing haps 21 days before coming home. The text of the resolution is as fol- lows: across our 50 States, and we can all Sadly, some never return home. Fami- agree that we’d love for more Ameri- H. RES. 1073 lies can’t be prepared for losing those cans to visit the places we are most Whereas 1910 marks the first year of mass- loved ones, and for that, our hearts and proud of in our communities. prayers go out in this resolution. produced, manufactured, motorized campers and camping trailers; For instance, I’d like for the RVing Ms. SPEIER. Mr. Speaker, I continue community to come and set their eyes to reserve the balance of my time. Whereas 1 in 12 households in the United States owns a recreational vehicle, and over on the Golden Gate Bridge, on the Mr. CAO. Mr. Speaker, I yield 3 min- 30,000,000 recreational vehicle enthusiasts cable cars, on the Golden Gate Na- utes to my distinguished colleague take part in this affordable and environ- tional Recreation Area, or on the San from the State of Louisiana (Mr. mentally friendly form of vacationing; Francisco Bay Estuary. SCALISE). Whereas recreational vehicle vacations RVs make exploring our great coun- Mr. SCALISE. Mr. Speaker, I thank allow families in the United States to build try a practical option for many fami- my colleague from New Orleans for stronger relationships, explore the great out- lies. The first RVs came into mass pro- yielding. doors, and take part in healthy activities; duction 100 years ago this June. Let us Whereas this homegrown industry, includ- This is a sad time for those of us now take time to mark that significant from south Louisiana. It’s a sad time ing recreational vehicle manufacturers, sup- pliers, dealers, and campgrounds, employs moment in American history by sup- especially as we look at what’s hap- hundreds of thousands of people in the Na- porting this resolution. pening every day as more oil gushes tion in good-paying jobs across all 50 States; I reserve the balance of my time. into our marshland, our valuable, frag- Whereas recreational vehicles offer the Mr. CAO. I yield myself such time as ile ecosystem. But if there is anything freedom, comfort, and flexibility to see all I may consume.

VerDate Mar 15 2010 00:42 May 27, 2010 Jkt 089060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K26MY7.010 H26MYPT1 rfrederick on DSKD9S0YB1PROD with HOUSE H3834 CONGRESSIONAL RECORD — HOUSE May 26, 2010 Mr. Speaker, I rise today in support The economic importance of RVs and resolution (H. Res. 1391) congratulating of House Resolution 1073, supporting camping extends well beyond my dis- Israel for its accession to membership the goals and ideals of RV Centennial trict, of course—to the entire United in the Organization for Economic Co- Celebration Month, to recognize and States. RV manufacturing is big busi- operation and Development, as amend- honor 100 years of enjoyment of rec- ness in Oregon, Iowa and elsewhere. ed. reational vehicles in the United States. Camping and RV tourism pump mil- The Clerk read the title of the resolu- Since 1910, when the first mass-pro- lions into our parks and vacation des- tion. duced, manufactured, motorized camp- tinations each and every year. For a The text of the resolution is as fol- ers appeared, people in recreational ve- century, through war and peace, booms lows: hicles still set out to see the country and busts and technological fads, RVs H. RES. 1391 and to enjoy the life of the open road. have been a mainstay of American Whereas Israel first sent an observer dele- RVs have steadily gained popularity highways, campgrounds, sporting gation to the Organization for Economic Co- over the past 100 years. Today, over 30 events, and driveways. operation and Development (OECD) in 1994, million recreational vehicle enthu- The RV lifestyle is still going strong. and first began actively seeking to join the OECD in 2000, when it met the OECD’s mem- siasts enjoy this pleasant way to vaca- Today, one in 12 American households owns an RV, and over 30 million RVers bership requirements relating to industrial tion. Recreational vehicles offer a way and per-capita product criteria; for families to experience all kinds of take part in this affordable and envi- Whereas in May 2006, the OECD adopted in outdoor activities, especially in our na- ronmentally friendly form of vaca- full the Report by the Working Party on the tional parks, lakes and oceans. Hun- tioning each year. We all represent Implications of Future Enlargement on dreds of thousands of Americans ben- families who own RVs and who enjoy OECD Governance, stating that expanding efit from this industry, including rec- the freedom of travel and of the family membership is vital to the organization; reational vehicle manufacturers, deal- adventure they provide. Despite the Whereas Israel has been the most active economic ups and downs, RVs allow nonmember country in the OECD, is a mem- ers and RV campground employees ber, observer, or ad hoc observer in dozens of across the United States. families an affordable way to travel and to explore this country’s amazing working bodies, is party to various OECD It is the freedom to share the excite- declarations, and is already in compliance ment of exploring historical land- natural resources. with multiple OECD standards; marks, of attending sporting events, This year, the RVing community will Whereas Israel’s tax burden, encompassing and of engaging in family camping that celebrate their centennial with a series income and property taxes, customs duties, explains the appeal of an RV for so of events which will culminate a 100th value-added taxes, and national insurance, is many of our citizens. anniversary party hosted on June 7 at much lower than in most OECD member On June 7, 2010, we will have the op- the RV Hall of Fame in Elkhart, Indi- states; ana. This resolution to recognize June Whereas the World Bank ranks Israel portunity to celebrate the introduction among the 30 countries in which it is easiest of the recreational vehicle in the 2010 as RV Centennial Celebration Month provides a fitting endorsement to do business, and ranks Israel as tied for United States in Elkhart, Indiana, fourth in ease of getting credit and tied for where the RV/MH Hall of Fame resides. of the 100-year journey of a uniquely fifth in protection of investors; This centennial is found to be a nos- American product. This resolution en- Whereas in 2010, the World Economic talgic celebration of the freedom and joys the support of over 50 bipartisan Forum ranked Israel 27th out of 133 coun- enjoyment that RVs have brought to so cosponsors. tries in its Growth Competitiveness Index, many Americans in the last 100 years. I urge my colleagues to support this and in particular ranked Israel third in qual- resolution and pass House Resolution ity of scientific research institutions, fourth I support the passage of this resolu- in utility patents, fifth in strength of inves- tion. 1073. Mr. CAO. I just want to let the gen- tor protection, fifth in the Forum’s legal I reserve the balance of my time. rights index, seventh in life expectancy, Ms. SPEIER. Mr. Speaker, I yield tleman from Indiana know that I grew up in Goshen, Indiana, which is about ninth in innovation, 15th in financial market such time as he may consume to the sophistication, 15th in availability of the lat- 20 miles from Elkhart; so I know how gentleman from Indiana (Mr. DON- est technologies, and 15th in judicial inde- important the RV industry is to that NELLY). pendence; Mr. DONNELLY of Indiana. Mr. area. Whereas the World Economic Forum Mr. Speaker, with that being said, I Speaker, today I rise in strong support ranked Israel 28th out of 133 countries in its would like to ask that all RV owners 2009–2010 Networked Readiness Index and of House Resolution 1073, a bipartisan please spend some time and drive down 29th out of 121 in its 2009 Enabling Trade resolution recognizing and supporting to Louisiana, especially to New Orle- Index; the goals of RV Centennial Celebration ans. We have the best restaurants in Whereas Israel has carried out far-reaching Month in June 2010. the world, the best seafood, and our economic reforms in recent years with re- The first mass-produced, manufac- spect to taxes, labor, competition, capital tured, motorized campers and camping culture is unequaled. markets, pension funds, energy, infrastruc- I yield back the balance of my time. trailers appeared in the American mar- tures, communications, transport, housing, Ms. SPEIER. Mr. Speaker, again, I and other fields, growing its private sector ketplace for commercial sale in 1910. would like to urge my colleagues to This resolution seeks to honor and and streamlining its public sector; support this measure honoring the 100 Whereas Israel is a world leader in science commemorate America’s 100 years of years that RVs have been in produc- and technology and is home to the most enjoyment of RVs. It also offers an op- tion, and I yield back the balance of high-technology start-up companies, sci- portunity to recognize the workers who my time. entific publications, and research and devel- make RVs, the entrepreneurs who The SPEAKER pro tempore. The opment spending per capita; started these companies and whose pas- question is on the motion offered by Whereas membership in the OECD will sion has created jobs and opportunity likely strengthen the position of Israel in the gentlewoman from California (Ms. the global economy and within international for so many people and to recognize the SPEIER) that the House suspend the homegrown industry that has devel- financial institutions, solidify Israel’s tran- rules and agree to the resolution, H. sition from an emerging market to an ad- oped to support this great American Res. 1073. vanced economy, and encourage increased pastime and to provide good-paying The question was taken; and (two- foreign direct investment in Israel; jobs for thousands of families. thirds being in the affirmative) the Whereas Israel’s accession to membership I have the privilege of representing a rules were suspended and the resolu- in the OECD will strengthen the OECD be- large portion of the RV industry. It is tion was agreed to. cause of Israel’s high living standards, free crucial to northern Indiana’s economy. A motion to reconsider was laid on and stable markets, and commitment to de- RV manufacturing has long been a the table. mocracy, human rights, and freedom; Whereas Israel’s economic and techno- major economic driver in places like f Elkhart by directly employing thou- logical standing will likely benefit OECD member states in innovation, in research and sands of people in the RV plants and CONGRATULATING ISRAEL ON OECD MEMBERSHIP development, and in the science and tech- thousands more in suppliers’ factories, nology, including high-technology, sectors; not to mention its contributions to the Ms. BERKLEY. Mr. Speaker, I move Whereas Israel is a strong ally and friend local municipal tax base. to suspend the rules and agree to the of the United States and supports the United

VerDate Mar 15 2010 00:42 May 27, 2010 Jkt 089060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K26MY7.014 H26MYPT1 rfrederick on DSKD9S0YB1PROD with HOUSE May 26, 2010 CONGRESSIONAL RECORD — HOUSE H3835 States in international organizations more GENERAL LEAVE The unanimous vote by OECD mem- consistently than any other country; Ms. BERKLEY. Mr. Speaker, I ask bers to admit Israel not only highlights Whereas, on November 8, 2005, the House of unanimous consent that all Members Israel’s growing global economic im- Representatives unanimously adopted H. may have 5 legislative days to revise portance, which it certainly does and Res. 38, and on May 3, 2007, the Senate by and extend their remarks and to in- unanimous consent adopted S. Res. 188, in is, but it also represents an important support of Israel’s accession to membership clude extraneous material on the reso- sign that the U.S., when properly en- in the OECD; lution under consideration. gaged, can help to defeat the unrelent- Whereas in May 2007, during the annual The SPEAKER pro tempore. Is there ing efforts of Israel’s detractors and, meeting of the OECD’s ministerial council, objection to the request of the gentle- may I say, haters. OECD member states invited Israel to open woman from Nevada? I would like to thank my dear friend, talks for accession to membership in that or- There was no objection. Ranking Member ILEANA ROS- ganization; Ms. BERKLEY. I yield myself such LEHTINEN, for introducing this impor- Whereas the Secretary-General of the time as I may consume. tant resolution and for making Israel’s OECD, Angel Gurria, has supported Israel’s Mr. Speaker, I rise in strong support accession to the OECD possible. candidacy for accession to OECD member- of this resolution. Israel’s accession to I encourage all of my colleagues to ship and worked to ensure that Israel’s can- the Organization for Economic Co- vote ‘‘yes’’ on this resolution. didacy was not politicized, and was judged by operation and Development, a pres- objective economic and democratic stand- I reserve the balance of my time. ards; tigious group of the world’s most ad- Ms. ROS-LEHTINEN. I yield myself Whereas the United States has supported vanced economies, is a monumental such time as I may consume. Israel’s candidacy for accession to OECD achievement and is testimony to I thank my good friend, the lovely membership; Israel’s remarkable economic success lady from Nevada (Ms. BERKLEY), for Whereas, on May 10, 2010, the 31 OECD and diplomatic acumen. those kinds words. member states unanimously agreed to invite The unanimous decision by the 31 Mr. Speaker, we have got a good, Israel to become a member of that organiza- member states of the OECD to accept strong partnership when it comes to tion, with the OECD noting in a statement Israel is a recognition of Israel’s eco- promoting the ideals of freedom, de- that ‘‘Israel’s scientific and technological nomic strength as well as of its democ- mocracy and the rule of law; and in policies have produced outstanding outcomes racy and of its ability to contribute to on a world scale.’’; that category, Israel will always stand Whereas, on May 10, 2010, Israeli Prime the organization and to the world’s out. Minister Benjamin Netanyahu noted regard- economy. I am proud, obviously, to support ing Israel’s accession to OECD membership Israel was one of the few economies this resolution, which I authored and that ‘‘Israel’s accession to the OECD has in the world to have positive economic sponsored, House Resolution 1391, strategic importance for the process of posi- growth in the midst of last year’s glob- which congratulates Israel on being ap- tioning Israel’s economy as a developed and al economic crisis, and it is expected to proved for membership in the Organiza- advanced economy, as well as in attracting grow at least 3.5 percent in 2010. As a tion for Economic Cooperation and De- international investments . . . There is still member of the OECD, Israel will be in velopment. The OECD brings together work to be done. We have done a great deal. an even better position to advance key We are doing a great deal; and we will do a governments committed to democracy great deal . . . so that we can be on the list economic sectors of its economy, in- and a market economy in advancing of leading countries, among the 15 most ad- cluding technology, medicine and agri- freedom and in advancing prosperity. vanced countries in the world. This goal is culture. This will prove beneficial, not The recent unanimous support of OECD possible and it won’t take us too many years only to the State of Israel but, as the member states for Israel’s membership to accomplish.’’; record of Israeli entrepreneurial cre- is a well-deserved seal of approval for Whereas Israel will be welcomed into the ativity attests, to the entire world. Israel, one that can reinforce its OECD during the annual meeting of that or- Mr. Speaker, Israel’s accession to the progress and that will benefit both ganization’s ministerial council on May 27, OECD is an important achievement for 2010, and will fully accede to membership Israel and the members of the OECD. the State of Israel, and it also dem- Mr. Speaker, the history of Israel’s once it passes the requisite enacting legisla- onstrates the importance of U.S. en- tion, a process that is likely to be completed pursuit of membership in the OECD within months; and gagement in multilateral organiza- speaks volumes about the nature of Whereas Israel continues to pursue further tions. Without the emphatic support of Israel, also, lamentably, of the Pales- opportunities to accede to membership or the Obama administration’s delegation tinian leadership and of the U.S. en- enhance its participation, as the case may to the OECD, Israel almost certainly gagement in international organiza- be, in international forums: Now, therefore, would still be waiting at the organiza- tions. Israel, the free, democratic coun- be it tion’s door, knocking to come in. try that it is, pursued OECD member- Resolved, That the House of Representa- I would like to congratulate and ship, not with a sense of entitlement tives— thank our OECD mission in Paris for but with patience and eagerness to (1) congratulates Israel for its accession to their hard work. This strong team of demonstrate its eligibility and its com- membership in the Organization for Eco- diplomats worked tirelessly to support nomic Co-operation and Development petence in improving herself in the Israel’s OECD candidacy, and it duti- process. (OECD); fully ensured that Israel’s candidacy (2) commends the 31 nations of the OECD, Israel first sent an observer delega- as well as OECD Secretary-General Angel was not politicized and that it was tion to the OECD in 1994. In the 16 Gurria, for recognizing Israel’s economic judged by objective economic and years since that time, Israel has car- success as well as its commitment to the democratic standards. ried out far-reaching economic reforms principles of democratic government and Mr. Speaker, the lesson from this vic- with respect to taxes, labor, competi- market economy by unanimously electing tory is clear: U.S. engagement works. tion, capital markets, pension funds, Israel to OECD membership; Without a strong presence at this energy, communications, transport, (3) recognizes the importance of the strong international organization, we risk role played by the United States in Israel’s and housing. Mr. Speaker, the list goes leaving our ally Israel to battle alone on and on. successful bid for accession to membership against its many biased critics. It is in the OECD; and b 1100 (4) calls on responsible nations to support important to remember that maintain- efforts by Israel to accede to membership or ing a strong U.S. voice in international It has grown its now-booming private enhance its participation, as the case may organizations isn’t important just for sector and streamlined its overgrown be, in international forums. America’s interest but for Israel’s in- public sector. Its tax burden is much terest as well. lower than that of most OECD member The SPEAKER pro tempore. Pursu- I want to thank the Obama adminis- states. ant to the rule, the gentlewoman from tration for their strong support for Israel is now a world leader in Nevada (Ms. BERKLEY) and the gentle- Israel at the OECD, and I look forward science, technology, and entrepreneur- woman from Florida (Ms. ROS- to working with them to ensure that ship, home to the most high tech- LEHTINEN) each will control 20 minutes. there is the same support going for- nology startup companies, scientific The Chair recognizes the gentle- ward at the OECD, at the U.N., and at publications, and research and develop- woman from Nevada. other multilateral organizations. ment spending per capita. And it has

VerDate Mar 15 2010 03:27 May 27, 2010 Jkt 089060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\A26MY7.007 H26MYPT1 rfrederick on DSKD9S0YB1PROD with HOUSE H3836 CONGRESSIONAL RECORD — HOUSE May 26, 2010 been the most active nonmember coun- and how it should not. The OECD is Mr. Speaker, I think it is plain to see try in the OECD, becoming a member what the U.N. was intended to be, a from the words of my esteemed col- or an observer in dozens of working group of free, Democratic countries co- league, it is plain to see Israel’s ex- bodies, a party to numerous OECD dec- operating to advance their values and traordinary impact on the global econ- larations, and coming into compliance shared interests. It has rigorous mem- omy. Its accession to the OECD will with multiple OECD standards. bership standards and new members have a positive impact on our global Israel also continues to uphold the must be approved by all existing mem- economy at a time when our economy democratic values of its founding with bers. is suffering worldwide. a vibrant political system, a robust and Its Secretary General has dem- It would be my hope that the Pal- autonomous judiciary, and a commit- onstrated commitment to ensuring estinians, rather than to continue to ment to human rights. In short, that Israel’s candidacy and other issues refuse to make peace with Israel, to Israel’s democracy, its prosperity, and are determined on the merits and are continue its terrorist attacks on inno- its freedom are a model for many na- not politicized. That is why the U.S. cent Israelis, its continuance to refuse tions and many people. Israel has should and does participate in the face-to-face negotiations with the clearly made its case for OECD mem- OECD, including by actively sup- Israelis for peace, to actively incite bership. porting Israel’s candidacy for member- anti-Semitism and hatred towards The Palestinian leadership, in con- ship. Israel, and to continue its attempts to trast, has spent the last 16 years dem- In contrast, the UN’s misnamed delegitimize Israel’s very right to onstrating time after time that it ‘‘Human Rights Council’’ has no mean- exist, that perhaps instead it would be never misses an opportunity to miss an ingful standards for membership, other more worthwhile for the Palestinian opportunity. It has rejected every offer than the ability to gain the support of people if its leaders would work with of peace from Israel. It has refused to a mere majority of the U.N. General Israel to improve its own economic sit- recognize Israel’s right to exist as a Assembly, which itself includes scores uation, to raise the Palestinian people Jewish state. It has failed to crack of countries that are not free democ- from the misery, poverty, and squalor down on violent extremism and anti- racies. in which they live, and in which they Israel incitement. Indeed, it has even In the most recent so-called ‘‘elec- continue to live, not because of the tolerated and encouraged such behav- tions,’’ using the term loosely, to the Israelis’ success, but because of the ior. Human Rights Council earlier this lack of movement on the part of the It has supported boycotts of Israeli month, every single candidate, no mat- Palestinian leadership that continues goods, and the Palestinian Authority’s ter how oppressive the government, ran to use and abuse their own people and prime minister, whom some consider a unopposed on previously agreed upon attempt to delegitimize Israel’s very moderate, even participated in a mass regional slates. That is not democracy. right to exist. burning of such goods. And it has con- It’s what happens in the Castro broth- Mr. GRAYSON. Mr. Speaker, I rise in sup- sistently tried to use international or- ers’ Cuba. So it is no surprise that the port of House Resolution 1391, congratulating Cuban regime is a longstanding mem- ganizations, from the U.N. General As- Israel for its accession to membership in the ber of the rogue’s gallery that is the sembly to the Human Rights Council, Organization for Economic Co-operation and Human Rights Council, as are China, with its infamous Goldstone Report, to Development. Saudi Arabia, and now Qaddafi’s Liby- On May 10, 2010, 31 OECD member states the International Criminal Court, to an regime. unanimously agreed to invite Israel to become demonize and delegitimize Israel. None of these countries ever are con- The Palestinian Authority tried hard a member of that organization. The OECD demned by the Human Rights Council to block Israel’s candidacy for mem- noted in a statement that ‘‘Israel’s scientific for their rampant human rights viola- and technological policies have produced out- bership in the OECD, with the same tions, nor is Iran, nor is Syria. But the standing outcomes on a world scale.’’ Israel’s Palestinian Authority prime minister Council has devoted 80 percent of its finance minister, Yuval Steinitz, described personally lobbying foreign govern- resolutions and about half of its special Israel joining the OECD as ‘‘a badge of honor’’ ments to oppose Israel’s membership. sessions to bashing the democratic Is this a partner for peace, Mr. for Israel, which was one of the few econo- Jewish State of Israel, and it has mies to show growth in 2009 during the world Speaker? passed numerous other anti-freedom But it gets worse. A former Pales- economic crisis. measures. It is critical to recognize the importance of tinian Authority foreign minister and The administration’s decision to join Israel’s involvement now and in the future in senior associate of Abu Mazen an- the Council, and the last year of the international organizations. I stand with my nounced just last week that the Pales- U.S. membership on that Council, have colleagues in commending President Obama tinian Authority was intensifying its not changed these grim facts, lam- and the administration for the integral role it diplomatic and economic offensive entably. When the deck is stacked, played in Israel’s successful bid for accession against Israel. He said the Palestinian when the fix is in against freedom and to membership in the OECD. This only fur- Authority needed ‘‘to increase our ef- against democracy, the answer should thers to strengthen the bonds between the forts in the international arena to iso- be not to participate and instead vote United States and Israel. late and punish Israel, prevent it from ‘‘no.’’ The answer is for the U.S. and Ms. SCHAKOWSKY. Madam Speaker, I rise deepening its relations with the Euro- other responsible nations to walk out in support of H. Res. 1391, a resolution con- pean Union, and attempt to expel it and demand better. gratulating and commending Israel for its ac- from the United Nations.’’ He con- Today, however, in this legitimate cession to membership in the Organization for tinues, ‘‘We must pursue Israel in all and distinguished House, I will proudly Economic Co-operation and Development, international bodies and institutions.’’ vote yes on this resolution. I encourage OECD. And Palestinian leaders keep threat- all of my colleagues to do the same. On May 10th, it was announced that OECD ening violence to extract concessions. I thank my good friend and colleague member states had unanimously voted to ex- Instead of focusing on building a bet- from New York, Mr. CROWLEY, for co- tend membership to Israel. This landmark vote ter future for its people, the Pales- sponsoring this resolution with me; I recognizes Israel’s economic strength, and it tinian leaders are focusing on tearing thank our wonderful chairman, Chair- is a clear victory over efforts to marginalize down that future for Israel and her man BERMAN, for agreeing to move it and delegitimize the country. Israel’s acces- citizens. This Congress should not re- so promptly for floor consideration; sion to the OECD will speed its economic inte- ward such behavior by providing yet and I again thank my good friend from gration into the global community and provide another $400 million bailout to the Nevada, Ms. BERKLEY, for also standing increased opportunities for foreign investment. West Bank and Gaza, including another on the side of Israel, always standing Despite living under the constant threat of $150 million in cash directly to the Pal- on the side of freedom and democracy. terror and war, Israel has developed one of estinian Authority. Mr. Speaker, I have no further re- the world’s most robust economies. Last year, Finally, Israel’s candidacy for OECD quests for time, and I yield back the Israel boasted one of few economies in the membership teaches us a lesson about balance of my time. world to show growth during the economic cri- when and how the U.S. should partici- Ms. BERKLEY. Mr. Speaker, I yield sis. OECD has predicted a 3.5 percent in- pate in international forums, and when myself such time as I may consume. crease in Israel’s economy in 2010.

VerDate Mar 15 2010 03:27 May 27, 2010 Jkt 089060 PO 00000 Frm 00010 Fmt 4634 Sfmt 9920 E:\CR\FM\K26MY7.018 H26MYPT1 rfrederick on DSKD9S0YB1PROD with HOUSE May 26, 2010 CONGRESSIONAL RECORD — HOUSE H3837 I visited Israel in early April and saw a mod- HONORING WORKERS WHO PER- Lewis (GA) Obey Serrano Lipinski Olson Sessions ern, vibrant economy driven by scientific and ISHED IN DEEPWATER HORIZON LoBiondo Olver Sestak technological advancement. While inter- ACCIDENT Loebsack Ortiz Shadegg national attention remains fixed on the politics The SPEAKER pro tempore. The un- Lofgren, Zoe Owens Shea-Porter of the region, the OECD vote is a critical rec- Lowey Pallone Sherman finished business is the vote on the mo- Lucas Pascrell Shimkus ognition of Israel’s robust economy and ongo- tion to suspend the rules and agree to Luetkemeyer Pastor (AZ) Shuler ing innovation. the resolution, H. Res. 1347, on which Luja´ n Paul Shuster Lummis Paulsen Simpson Last week, I joined over 30 of my col- the yeas and nays were ordered. leagues in signing a letter to President Lungren, Daniel Payne Sires The Clerk read the title of the resolu- E. Pence Skelton Obama, thanking him for his administration’s tion. Lynch Perlmutter Slaughter strong support of Israel’s bid, as well as a let- Mack Perriello Smith (NE) The SPEAKER pro tempore. The ter to OECD Secretary-General Angel Guria Maffei Peters Smith (NJ) question is on the motion offered by Manzullo Peterson Smith (TX) expressing appreciation for the OECD vote. the gentlewoman from California (Ms. Marchant Pingree (ME) Smith (WA) Mr. Speaker, I strongly support Israel’s ac- Markey (CO) Pitts Snyder cession to the OECD, and I encourage my SPEIER) that the House suspend the Markey (MA) Platts Space colleagues to join me in supporting this resolu- rules and agree to the resolution, H. Marshall Poe (TX) Speier Res. 1347. Matheson Polis (CO) Spratt tion. Matsui Pomeroy Stark Ms. BERKLEY. Mr. Speaker, I have The vote was taken by electronic de- McCarthy (CA) Posey Stearns no further requests for time, and I vice, and there were—yeas 403, nays 0, McCarthy (NY) Price (GA) Stupak not voting 28, as follows: McCaul Price (NC) Sullivan yield back the balance of my time. McCollum Putnam Sutton The SPEAKER pro tempore. The [Roll No. 302] McCotter Quigley Tanner question is on the motion offered by YEAS—403 McDermott Rahall Taylor the gentlewoman from Nevada (Ms. McGovern Rangel Teague Ackerman Clay Granger McHenry Rehberg Terry BERKLEY) that the House suspend the Aderholt Cleaver Grayson McIntyre Reichert Thompson (CA) rules and agree to the resolution, H. Adler (NJ) Clyburn Green, Al McKeon Reyes Thompson (MS) Res. 1391, as amended. Akin Coble Green, Gene McMahon Richardson Thompson (PA) Alexander Coffman (CO) Griffith McMorris Rodriguez Thornberry The question was taken. Altmire Cohen Guthrie Rodgers Roe (TN) Tiberi The SPEAKER pro tempore. In the Arcuri Conaway Gutierrez McNerney Rogers (AL) Titus opinion of the Chair, two-thirds being Austria Connolly (VA) Hall (NY) Meek (FL) Rogers (KY) Tonko Baca Cooper Hall (TX) in the affirmative, the ayes have it. Meeks (NY) Rogers (MI) Towns Bachmann Costa Halvorson Melancon Rohrabacher Tsongas Ms. BERKLEY. Mr. Speaker, on that Bachus Costello Hare Mica Rooney Turner I demand the yeas and nays. Baird Courtney Harman Michaud Ros-Lehtinen Upton The yeas and nays were ordered. Baldwin Crenshaw Harper Miller (FL) Roskam Van Hollen Barrow Critz Hastings (FL) The SPEAKER pro tempore. Pursu- Miller (MI) Ross Vela´ zquez Bartlett Crowley Hastings (WA) Miller (NC) Rothman (NJ) Visclosky ant to clause 8 of rule XX and the Barton (TX) Cuellar Heinrich Miller, Gary Roybal-Allard Walden Chair’s prior announcement, further Bean Cummings Heller Miller, George Royce Walz proceedings on this motion will be Berkley Dahlkemper Hensarling Minnick Ruppersberger Wamp Berman Davis (CA) Herger Mitchell Rush Wasserman postponed. Berry Davis (IL) Herseth Sandlin Mollohan Ryan (OH) Schultz f Biggert Davis (KY) Higgins Moore (KS) Salazar Waters Bilbray Davis (TN) Hill Moore (WI) Sa´ nchez, Linda Watson RECESS Bilirakis DeFazio Himes Moran (KS) T. Watt Bishop (GA) DeGette Hinchey Moran (VA) Sanchez, Loretta Waxman The SPEAKER pro tempore. Pursu- Bishop (NY) Delahunt Hinojosa Murphy (CT) Sarbanes Weiner ant to clause 12(a) of rule I, the Chair Bishop (UT) DeLauro Hodes Murphy (NY) Scalise Welch declares the House in recess subject to Blackburn Dent Holden Murphy, Patrick Schakowsky Westmoreland Blumenauer Deutch Holt the call of the Chair. Murphy, Tim Schauer Whitfield Blunt Diaz-Balart, L. Hoyer Myrick Schiff Wilson (OH) Accordingly (at 11 o’clock and 10 Boccieri Diaz-Balart, M. Hunter Nadler (NY) Schmidt Wilson (SC) minutes a.m.), the House stood in re- Boehner Dicks Inglis Napolitano Schock Wittman cess subject to the call of the Chair. Bonner Dingell Inslee Neal (MA) Schrader Wolf Bono Mack Djou Israel Neugebauer Schwartz Wu f Boozman Doggett Issa Nunes Scott (GA) Yarmuth Boswell Donnelly (IN) Jackson (IL) b 1745 Nye Scott (VA) Young (AK) Boucher Doyle Jenkins Oberstar Sensenbrenner Young (FL) Boustany Dreier Johnson (GA) AFTER RECESS Boyd Driehaus Johnson (IL) NOT VOTING—28 The recess having expired, the House Brady (PA) Duncan Johnson, E. B. Andrews Gohmert Linder Brady (TX) Edwards (MD) Johnson, Sam was called to order by the Speaker pro Barrett (SC) Graves Maloney Braley (IA) Edwards (TX) Jones Becerra Grijalva McClintock tempore (Ms. RICHARDSON) at 5 o’clock Bright Ehlers Jordan (OH) Boren Hirono Petri and 45 minutes p.m. Broun (GA) Ellison Kagen Brown, Corrine Hoekstra Brown (SC) Ellsworth Kanjorski Radanovich f Cassidy Honda Ryan (WI) Brown-Waite, Emerson Kaptur Cole Jackson Lee Ginny Engel Kennedy Tiahrt ANNOUNCEMENT BY THE SPEAKER Conyers (TX) Tierney Buchanan Eshoo Kildee Culberson Kilpatrick (MI) PRO TEMPORE Woolsey Burgess Etheridge Kilroy Davis (AL) Larson (CT) The SPEAKER pro tempore. Pursu- Burton (IN) Fallin Kind Butterfield Farr King (IA) b 1817 ant to clause 8 of rule XX, proceedings Buyer Fattah King (NY) will resume on motions to suspend the Calvert Filner Kingston Mr. LOEBSACK changed his vote rules previously postponed. Camp Flake Kirk from ‘‘nay’’ to ‘‘yea.’’ Votes will be taken in the following Campbell Fleming Kirkpatrick (AZ) So (two-thirds being in the affirma- Cantor Forbes Kissell order: Cao Fortenberry Klein (FL) tive) the rules were suspended and the House Resolution 1347, by the yeas Capito Foster Kline (MN) resolution was agreed to. and nays; Capps Foxx Kosmas The result of the vote was announced House Resolution 1385, by the yeas Capuano Frank (MA) Kratovil as above recorded. Cardoza Franks (AZ) Kucinich and nays; Carnahan Frelinghuysen Lamborn A motion to reconsider was laid on House Resolution 1316, de novo; and Carney Fudge Lance the table. House Resolution 1169, de novo. Carson (IN) Gallegly Langevin Stated for: Carter Garamendi Larsen (WA) Remaining postponed votes will be Castle Garrett (NJ) Latham Ms. HIRONO. Madam Speaker, on rollcall taken later in the week. Castor (FL) Gerlach LaTourette No. 302, had I been present, I would have The first electronic vote will be con- Chaffetz Giffords Latta voted ‘‘yea.’’ ducted as a 15-minute vote. Remaining Chandler Gingrey (GA) Lee (CA) Mr. CASSIDY. Madam Speaker, on rollcall Childers Gonzalez Lee (NY) electronic votes will be conducted as 5- Chu Goodlatte Levin No. 302 I was unavoidably detained. Had I minute votes. Clarke Gordon (TN) Lewis (CA) been present, I would have voted ‘‘yea.’’

VerDate Mar 15 2010 04:51 May 27, 2010 Jkt 089060 PO 00000 Frm 00011 Fmt 4634 Sfmt 9920 E:\CR\FM\A26MY7.009 H26MYPT1 rfrederick on DSKD9S0YB1PROD with HOUSE H3838 CONGRESSIONAL RECORD — HOUSE May 26, 2010 Mr. LARSON of Connecticut. Madam Kaptur Mitchell Schiff A motion to reconsider was laid on Kennedy Mollohan Schmidt Speaker, on rollcall No. 302, had I been Kildee Moore (KS) Schock the table. present, I would have voted ‘‘yea.’’ Kilroy Moore (WI) Schrader f Kind Moran (KS) f Schwartz King (IA) Moran (VA) Scott (GA) PERSONAL EXPLANATION RECOGNIZING AND HONORING King (NY) Murphy (CT) Scott (VA) Kingston Murphy (NY) Sensenbrenner MEMBERS OF ARMED FORCES Mr. TIAHRT. Madam Speaker, on rollcall Kirk Murphy, Patrick Serrano Nos. 302 and 303, I was unavoidably de- AND VETERANS Kirkpatrick (AZ) Murphy, Tim Sessions Kissell Myrick Sestak tained. Had I been present, I would have The SPEAKER pro tempore. The un- Klein (FL) Nadler (NY) Shadegg voted ‘‘yes’’ on both votes. finished business is the vote on the mo- Kline (MN) Napolitano Shea-Porter tion to suspend the rules and agree to Kosmas Neal (MA) Sherman f Kratovil Neugebauer the resolution, H. Res. 1385, on which Shimkus Kucinich Nunes Shuler CELEBRATING ASIAN/PACIFIC the yeas and nays were ordered. Lamborn Nye Shuster AMERICAN HERITAGE MONTH The Clerk read the title of the resolu- Lance Oberstar Simpson Langevin Obey Sires The SPEAKER pro tempore. The un- tion. Larsen (WA) Olson The SPEAKER pro tempore. The Skelton finished business is the question on Larson (CT) Olver Slaughter suspending the rules and agreeing to question is on the motion offered by Latham Ortiz Smith (NE) the resolution, H. Res. 1316, as amend- the gentleman from Missouri (Mr. LaTourette Owens Smith (NJ) Latta Pallone ed. SKELTON) that the House suspend the Smith (TX) Lee (CA) Pascrell Smith (WA) The Clerk read the title of the resolu- rules and agree to the resolution, H. Lee (NY) Pastor (AZ) Snyder tion. Res. 1385. Levin Paul Space Lewis (CA) Paulsen Speier The SPEAKER pro tempore. The This will be a 5-minute vote. Lewis (GA) Payne The vote was taken by electronic de- Spratt question is on the motion offered by Linder Pence Stark Lipinski Perlmutter the gentleman from Massachusetts vice, and there were—yeas 414, nays 0, Stearns LoBiondo Perriello (Mr. LYNCH) that the House suspend not voting 17, as follows: Stupak Loebsack Peters Sullivan the rules and agree to the resolution, [Roll No. 303] Lofgren, Zoe Peterson Sutton H. Res. 1316, as amended. Lowey Pingree (ME) YEAS—414 Tanner Lucas Pitts The question was taken. Taylor Ackerman Cassidy Fortenberry Luetkemeyer Platts The SPEAKER pro tempore. In the Teague Aderholt Castle Foster Luja´ n Poe (TX) Terry opinion of the Chair, two-thirds being Adler (NJ) Castor (FL) Foxx Lummis Polis (CO) Thompson (CA) Akin Chaffetz Frank (MA) Lungren, Daniel Pomeroy in the affirmative, the ayes have it. Thompson (MS) Alexander Chandler Franks (AZ) E. Posey RECORDED VOTE Altmire Childers Frelinghuysen Thompson (PA) Lynch Price (GA) Mr. COHEN. Madam Speaker, I de- Arcuri Chu Fudge Mack Price (NC) Thornberry Austria Clarke Gallegly Maffei Putnam Tiberi mand a recorded vote. Baca Clay Garamendi Manzullo Quigley Tierney A recorded vote was ordered. Bachmann Cleaver Garrett (NJ) Marchant Radanovich Titus The SPEAKER pro tempore. This is a Bachus Clyburn Gerlach Markey (CO) Rahall Tonko Baird Coble Giffords Markey (MA) Rangel Towns 5-minute vote. Baldwin Coffman (CO) Gingrey (GA) Marshall Rehberg Tsongas The vote was taken by electronic de- Barrow Cohen Gohmert Matheson Reichert Turner vice, and there were—ayes 408, noes 0, Bartlett Cole Gonzalez Upton Matsui Reyes not voting 23, as follows: Barton (TX) Conaway Goodlatte McCarthy (CA) Richardson Van Hollen Bean Connolly (VA) Gordon (TN) McCarthy (NY) Rodriguez Vela´ zquez [Roll No. 304] Berkley Cooper Granger McCaul Roe (TN) Visclosky AYES—408 Berman Costa Grayson McCollum Rogers (AL) Walden Berry Costello Green, Al McCotter Rogers (KY) Walz Ackerman Butterfield Davis (TN) Biggert Courtney Green, Gene McDermott Rogers (MI) Wamp Aderholt Buyer DeFazio Bilbray Crenshaw Griffith McGovern Rohrabacher Wasserman Adler (NJ) Calvert DeGette Bilirakis Critz Grijalva McHenry Rooney Schultz Akin Camp Delahunt Bishop (GA) Crowley Guthrie McIntyre Ros-Lehtinen Waters Alexander Campbell DeLauro Bishop (NY) Cuellar Gutierrez McKeon Roskam Watson Altmire Cantor Dent Bishop (UT) Cummings Hall (NY) McMahon Ross Watt Arcuri Cao Deutch Blackburn Dahlkemper Hall (TX) McMorris Rothman (NJ) Waxman Austria Capito Diaz-Balart, L. Blumenauer Davis (CA) Halvorson Rodgers Roybal-Allard Weiner Baca Capps Diaz-Balart, M. Blunt Davis (IL) Hare McNerney Royce Welch Bachmann Capuano Dicks Boccieri Davis (KY) Harman Meek (FL) Ruppersberger Westmoreland Bachus Cardoza Dingell Boehner Davis (TN) Harper Meeks (NY) Rush Whitfield Baldwin Carnahan Djou Bonner DeFazio Hastings (FL) Melancon Ryan (OH) Wilson (OH) Barrow Carney Doggett Bono Mack DeGette Hastings (WA) Mica Salazar Wilson (SC) Bartlett Carson (IN) Donnelly (IN) Boozman Delahunt Heinrich Michaud Sa´ nchez, Linda Wittman Barton (TX) Carter Doyle Boswell DeLauro Heller Miller (FL) T. Wolf Bean Cassidy Dreier Boucher Dent Hensarling Miller (MI) Sanchez, Loretta Woolsey Berkley Castle Driehaus Boustany Deutch Herger Miller (NC) Sarbanes Wu Berman Castor (FL) Duncan Boyd Diaz-Balart, L. Herseth Sandlin Miller, Gary Scalise Yarmuth Berry Chaffetz Edwards (MD) Brady (PA) Diaz-Balart, M. Higgins Miller, George Schakowsky Young (AK) Biggert Chandler Edwards (TX) Brady (TX) Dicks Hill Minnick Schauer Young (FL) Bilirakis Childers Ehlers Braley (IA) Dingell Himes Bishop (GA) Chu Ellison Bright Djou Hinchey NOT VOTING—17 Bishop (NY) Clarke Ellsworth Broun (GA) Doggett Hinojosa Bishop (UT) Clay Emerson Andrews Culberson Kilpatrick (MI) Brown (SC) Donnelly (IN) Hirono Blackburn Cleaver Engel Barrett (SC) Davis (AL) Maloney Brown-Waite, Doyle Hodes Blumenauer Clyburn Eshoo Becerra Graves McClintock Ginny Dreier Holden Blunt Coble Etheridge Boren Hoekstra Petri Buchanan Driehaus Holt Boccieri Coffman (CO) Fallin Brown, Corrine Jackson Lee Ryan (WI) Burgess Duncan Honda Boehner Cohen Farr Conyers (TX) Tiahrt Burton (IN) Edwards (MD) Hoyer Bonner Cole Fattah Butterfield Edwards (TX) Hunter ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Bono Mack Conaway Filner Buyer Ehlers Inglis Boozman Connolly (VA) Fleming Calvert Ellison Inslee The SPEAKER pro tempore (during Boswell Cooper Forbes Camp Ellsworth Israel the vote). There are 2 minutes remain- Boucher Costa Fortenberry Campbell Emerson Issa ing in this vote. Boustany Costello Foster Cantor Engel Jackson (IL) Boyd Courtney Foxx Cao Eshoo Jenkins Brady (PA) Crenshaw Frank (MA) Capito Etheridge Johnson (GA) b 1826 Brady (TX) Critz Franks (AZ) Capps Fallin Johnson (IL) Braley (IA) Crowley Frelinghuysen Capuano Farr Johnson, E. B. So (two-thirds being in the affirma- Bright Culberson Fudge Cardoza Fattah Johnson, Sam tive) the rules were suspended and the Broun (GA) Cummings Gallegly Carnahan Filner Jones resolution was agreed to. Brown (SC) Dahlkemper Garamendi Carney Flake Jordan (OH) Buchanan Davis (CA) Garrett (NJ) Carson (IN) Fleming Kagen The result of the vote was announced Burgess Davis (IL) Gerlach Carter Forbes Kanjorski as above recorded. Burton (IN) Davis (KY) Giffords

VerDate Mar 15 2010 03:27 May 27, 2010 Jkt 089060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\A26MY7.011 H26MYPT1 rfrederick on DSKD9S0YB1PROD with HOUSE May 26, 2010 CONGRESSIONAL RECORD — HOUSE H3839 Gingrey (GA) Mack Roskam Davis (AL) Jackson Lee Petri Engel Loebsack Reyes Gohmert Maffei Ross Flake (TX) Price (GA) Eshoo Lofgren, Zoe Richardson Gonzalez Manzullo Rothman (NJ) Graves Kilpatrick (MI) Ryan (WI) Etheridge Lowey Rodriguez Goodlatte Marchant Roybal-Allard Gutierrez Maloney Speier Fallin Lucas Roe (TN) Gordon (TN) Markey (CO) Royce Hoekstra McClintock Farr Luja´ n Rogers (MI) Granger Markey (MA) Ruppersberger Fattah Lummis Rooney ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Grayson Marshall Rush Filner Lungren, Daniel Ros-Lehtinen Green, Al Matheson Ryan (OH) The SPEAKER pro tempore (during Flake E. Roskam Green, Gene Matsui Salazar the vote). There are 2 minutes remain- Forbes Lynch Ross Griffith McCarthy (CA) Sa´ nchez, Linda ing on this vote. Fortenberry Mack Rothman (NJ) Grijalva McCarthy (NY) T. Foster Maffei Roybal-Allard Guthrie McCaul Foxx Manzullo Royce Sanchez, Loretta b 1834 Hall (NY) McCollum Sarbanes Franks (AZ) Marchant Ruppersberger Hall (TX) McCotter Scalise So (two-thirds being in the affirma- Frelinghuysen Markey (CO) Rush Halvorson McDermott Fudge Markey (MA) Ryan (OH) Schakowsky tive) the rules were suspended and the Hare McGovern Schauer Gallegly Marshall Salazar ´ Harman McHenry Schiff resolution, as amended, was agreed to. Garamendi Matheson Sanchez, Linda Harper McIntyre Schmidt The result of the vote was announced Garrett (NJ) Matsui T. Hastings (FL) McKeon Gerlach Schock McCarthy (CA) Sanchez, Loretta Hastings (WA) McMahon as above recorded. Giffords McCarthy (NY) Sarbanes Schrader Heinrich McMorris A motion to reconsider was laid on Gohmert McCaul Schakowsky Schwartz Heller Rodgers Gonzalez McCollum Schauer Scott (GA) the table. Hensarling McNerney Goodlatte McCotter Schiff Scott (VA) Herger Meek (FL) f Gordon (TN) McDermott Schrader Sensenbrenner Herseth Sandlin Meeks (NY) Grayson McGovern Schwartz Higgins Melancon Serrano HONORING 125TH ANNIVERSARY OF Green, Al McIntyre Scott (GA) Hill Mica Sessions ROLLINS COLLEGE Green, Gene McKeon Sensenbrenner Himes Michaud Sestak Griffith McMahon Serrano Hinchey Miller (FL) Shadegg The SPEAKER pro tempore. The un- Grijalva McMorris Sessions Hinojosa Miller (MI) Shea-Porter finished business is the question on Guthrie Rodgers Sestak Sherman Hirono Miller (NC) suspending the rules and agreeing to Hall (NY) McNerney Shea-Porter Hodes Miller, Gary Shimkus Halvorson Meek (FL) Sherman Holden Miller, George Shuler the resolution, H. Res. 1169, as amend- Hare Meeks (NY) Shimkus Holt Minnick Shuster ed. Harman Melancon Shuler Honda Mitchell Simpson The Clerk read the title of the resolu- Harper Mica Shuster Hoyer Mollohan Sires Hastings (FL) Michaud Simpson Hunter Moore (KS) Skelton tion. Hastings (WA) Miller (FL) Sires Inglis Moore (WI) Slaughter The SPEAKER pro tempore. The Heinrich Miller (MI) Skelton Inslee Moran (KS) Smith (NE) question is on the motion offered by Heller Miller (NC) Slaughter Israel Moran (VA) Smith (NJ) the gentleman from New York (Mr. Herseth Sandlin Miller, Gary Smith (NE) Issa Murphy (CT) Smith (TX) Higgins Miller, George Smith (NJ) Jackson (IL) Murphy (NY) Smith (WA) BISHOP) that the House suspend the Hill Minnick Smith (TX) Jenkins Murphy, Patrick Snyder rules and agree to the resolution, H. Himes Mitchell Smith (WA) Johnson (GA) Murphy, Tim Space Res. 1169, as amended. Hinchey Mollohan Snyder Johnson (IL) Myrick Spratt The question was taken. Hinojosa Moore (KS) Space Johnson, E. B. Nadler (NY) Stark Hirono Moore (WI) Speier Johnson, Sam Napolitano Stearns The SPEAKER pro tempore. In the Hodes Moran (KS) Spratt Jones Neal (MA) Stupak opinion of the Chair, two-thirds being Holden Moran (VA) Stark Jordan (OH) Neugebauer Sullivan in the affirmative, the ayes have it. Holt Murphy (CT) Stearns Kagen Nunes Sutton Honda Murphy (NY) Stupak Kanjorski Nye Tanner RECORDED VOTE Hoyer Murphy, Patrick Sullivan Kaptur Oberstar Taylor Mr. SCHAUER. Madam Speaker, I de- Inglis Murphy, Tim Sutton Kennedy Obey Teague mand a recorded vote. Inslee Nadler (NY) Tanner Kildee Olson Terry Israel Napolitano Taylor Kilroy Olver A recorded vote was ordered. Jackson (IL) Thompson (CA) Neal (MA) Teague Kind Ortiz Jenkins Nunes Terry Thompson (MS) The SPEAKER pro tempore. This is a King (IA) Owens Johnson (GA) Nye Thompson (CA) Thompson (PA) 5-minute vote. King (NY) Pallone Johnson, E. B. Oberstar Thompson (MS) Thornberry Kingston Pascrell The vote was taken by electronic de- Jones Obey Thompson (PA) Tiahrt Kirk Pastor (AZ) vice, and there were—ayes 371, noes 36, Jordan (OH) Olson Thornberry Tiberi Kirkpatrick (AZ) Paul Kagen Olver Tiahrt Tierney not voting 24, as follows: Kissell Paulsen Kanjorski Ortiz Tiberi Klein (FL) Payne Titus [Roll No. 305] Kaptur Owens Tierney Tonko Kline (MN) Pence AYES—371 Kennedy Pallone Titus Kosmas Perlmutter Towns Kildee Pascrell Tonko Kratovil Perriello Tsongas Ackerman Brady (PA) Cooper Kilroy Pastor (AZ) Tsongas Kucinich Peters Turner Aderholt Brady (TX) Costa Kind Paul Turner Lamborn Peterson Upton Adler (NJ) Braley (IA) Costello King (NY) Paulsen Upton Lance Pingree (ME) Van Hollen Alexander Bright Courtney Kirk Payne Van Hollen Langevin Pitts Vela´ zquez Altmire Brown (SC) Crenshaw Kirkpatrick (AZ) Pence Vela´ zquez Larsen (WA) Platts Visclosky Arcuri Buchanan Critz Kissell Perlmutter Visclosky Larson (CT) Poe (TX) Walden Austria Burgess Crowley Klein (FL) Perriello Walden Latham Polis (CO) Walz Baca Butterfield Cuellar Kline (MN) Peters Walz LaTourette Pomeroy Wamp Bachmann Buyer Culberson Kosmas Peterson Wamp Latta Posey Wasserman Bachus Calvert Cummings Kratovil Pingree (ME) Wasserman Lee (CA) Price (NC) Schultz Baldwin Camp Dahlkemper Kucinich Pitts Schultz Lee (NY) Putnam Waters Barrow Campbell Davis (CA) Lance Platts Waters Levin Quigley Watson Bartlett Cantor Davis (IL) Langevin Poe (TX) Watson Lewis (CA) Radanovich Watt Barton (TX) Capito Davis (KY) Larsen (WA) Polis (CO) Watt Lewis (GA) Rahall Waxman Bean Capps Davis (TN) Larson (CT) Pomeroy Waxman Linder Rangel Weiner Berkley Capuano DeFazio Latham Posey Weiner Lipinski Rehberg Welch Berman Cardoza DeGette LaTourette Price (GA) Welch LoBiondo Reichert Westmoreland Berry Carnahan Delahunt Latta Price (NC) Whitfield Loebsack Reyes Whitfield Biggert Carney DeLauro Lee (CA) Putnam Wilson (OH) Lofgren, Zoe Richardson Wilson (OH) Bilbray Carson (IN) Dent Levin Quigley Wittman Lowey Rodriguez Wilson (SC) Bilirakis Castle Deutch Lewis (CA) Radanovich Wolf Lucas Roe (TN) Wittman Bishop (GA) Castor (FL) Diaz-Balart, L. Lewis (GA) Rahall Woolsey Luetkemeyer Rogers (AL) Wolf Bishop (NY) Chaffetz Diaz-Balart, M. Linder Rangel Wu Luja´ n Rogers (KY) Woolsey Bishop (UT) Chandler Dicks Lipinski Rehberg Yarmuth Lummis Rogers (MI) Wu Blackburn Childers Dingell LoBiondo Reichert Young (FL) Lungren, Daniel Rohrabacher Yarmuth Blumenauer Chu Djou E. Rooney Young (AK) Blunt Clarke Doggett NOES—36 Lynch Ros-Lehtinen Young (FL) Boccieri Clay Donnelly (IN) Boehner Cleaver Doyle Akin Coffman (CO) Herger NOT VOTING—23 Bonner Clyburn Dreier Boustany Emerson Hunter Bono Mack Coble Driehaus Broun (GA) Fleming Issa Andrews Bilbray Brown-Waite, Boozman Cohen Duncan Burton (IN) Gingrey (GA) Johnson (IL) Baird Boren Ginny Boswell Cole Edwards (MD) Cao Granger Johnson, Sam Barrett (SC) Brown, Corrine Conyers Boucher Conaway Ellison Carter Hall (TX) King (IA) Becerra Cuellar Boyd Connolly (VA) Ellsworth Cassidy Hensarling Kingston

VerDate Mar 15 2010 03:27 May 27, 2010 Jkt 089060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\A26MY7.014 H26MYPT1 rfrederick on DSKD9S0YB1PROD with HOUSE H3840 CONGRESSIONAL RECORD — HOUSE May 26, 2010 Lamborn Neugebauer Schock standing committees of the House of Rep- memorate Ed—and we call him Ned— Lee (NY) Rogers (KY) Shadegg resentatives: Luetkemeyer Rohrabacher Westmoreland by referring to the awesome career (1) COMMITTEE ON ARMED SERVICES.—Mr. McHenry Scalise Wilson (SC) that he had and the significant number Critz (to rank immediately after Mr. Myrick Schmidt Young (AK) of undertakings that he put forward ei- Garamendi). ther as a lawyer or as a judge or as a NOT VOTING—24 (2) COMMITTEE ON SMALL BUSINESS.—Mr. citizen in Miami, Dade County, and Andrews Davis (AL) Kilpatrick (MI) Critz (to rank immediately after Mr. Nye). throughout Florida and this Nation on Baird Edwards (TX) Maloney Ms. ZOE LOFGREN of California Barrett (SC) Ehlers behalf of the Southern District of Flor- McClintock (during the reading). Madam Speaker, I Becerra Frank (MA) Petri ida. Boren Graves Rogers (AL) ask unanimous consent that the reso- He will be sorely missed. He was an Brown, Corrine Gutierrez Ryan (WI) lution be considered as read and print- Brown-Waite, Hoekstra extremely tall and giant of a man with Scott (VA) ed in the RECORD. Ginny Jackson Lee Towns as big a heart as was the fact that he Conyers (TX) The SPEAKER pro tempore. Is there was tall. I will sorely miss him. The objection to the request of the gentle- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Southern District of Florida and all of woman from California? The SPEAKER pro tempore (during their judges; Judge James Lawrence There was no objection. the vote). There are 2 minutes remain- King and he were good friends. Ned and The resolution was agreed to. ing in this vote. I went on the bench together at the A motion to reconsider was laid on same time, and it hurts me and it hurts b 1843 the table. our community that he is gone. Mr. LAMBORN changed his vote f That said, Mr. Speaker, I will com- memorate his memory more appro- from ‘‘aye’’ to ‘‘no.’’ AMERICANS DESERVE ACCESS TO priately as time progresses. So (two-thirds being in the affirma- PUBLIC LANDS tive) the rules were suspended and the f (Mr. HASTINGS of Washington asked resolution, as amended, was agreed to. NATIONAL MEDIA IGNORE PRESI- The result of the vote was announced and was given permission to address the House for 1 minute.) DENT’S LOWEST-EVER AP- as above recorded. PROVAL RATING A motion to reconsider was laid on Mr. HASTINGS of Washington. (Mr. SMITH of Texas asked and was the table. Madam Speaker, millions of acres across our Nation are owned by the given permission to address the House f Federal Government, including na- for 1 minute and to revise and extend PERSONAL EXPLANATION tional parks, forests, monuments, wil- his remarks.) derness areas, and other lands. These Mr. SMITH of Texas. Mr. Speaker, Ms. KILPATRICK of Michigan. Madam lands belong to the American people President Obama’s approval rating hit Speaker, I was unable to attend to several and should be accessible to the public a new low this week according to a votes today. Had I been present, I would have to enjoy. Rasmussen public opinion poll. Just 42 voted ‘‘aye’’ on final passage of H. Res. 1347, The Hanford Reach National Monu- percent of Americans approve of the ‘‘aye’’ on final passage of H. Res. 1385; ‘‘aye’’ ment located in my hometown includes President’s job performance. By a mar- on final passage of H. Res. 1316, and ‘‘aye’’ Rattlesnake Mountain. I’ve been to the gin of almost 2–1, more Americans on final passage of H. Res. 1169. summit of Rattlesnake Mountain, and strongly disapprove of the President f it provides unparalleled views of the rather than strongly approve and fewer than half of those in the President’s PERSONAL EXPLANATION Monument, Hanford, and the Columbia River, and everybody should have an own party strongly approve of his job Mr. CONYERS. Madam Speaker, on May opportunity to appreciate that. performance. 26, 2010, I was called away on personal busi- I’m introducing legislation that Not surprisingly, the national media have mostly ignored these results. The ness. I regret that I was not present to vote for would ensure public access to the sum- New York Times, The Washington H. Res. 1347, H. Res. 1385, H. Res. 1316 mit of Rattlesnake Mountain. My bill Post, The Los Angeles Times, and USA and H. Res. 1169. Had I been present, I simply is about making sure that land Today—among many others—failed to would have cast a ‘‘yea’’ on all of these votes. owned by the American people is acces- mention the Rasmussen poll. In con- f sible to the entire Tri-Cities commu- trast, during former President George nity—not something to be admired PERMISSION TO FILE SUPPLE- W. Bush’s administration, the national from afar and from behind a fence. Rec- MENTAL REPORT ON H.R. 5136, media frequently reported polls show- ognizing that people are allowed to go NATIONAL DEFENSE AUTHORIZA- ing any falling approval rating. to the top of Mount Rainier, there is no TION ACT FOR FISCAL YEAR 2011 The national media should report the reason why safe and regular access to facts, not practice double standards. Mr. MARSHALL. Madam Speaker, I the summit of Rattlesnake Mountain ask unanimous consent that the Com- for the general public cannot and f mittee on Armed Services be author- should not be provided. RENEWABLE ENERGY AND EN- ized to file a supplemental report on f ERGY EFFICIENCY EXPO AND the bill, H.R. 5136. FORUM The SPEAKER pro tempore. Is there ON THE PASSING OF JUDGE (Mr. TONKO asked and was given objection to the request of the gen- EDWARD DAVIS permission to address the House for 1 tleman from Georgia? (Mr. HASTINGS of Florida asked and minute and to revise and extend his re- There was no objection. was given permission to address the marks.) f House for 1 minute and to revise and Mr. TONKO. Mr. Speaker, I rise extend his remarks.) today to discuss the 13th annual Con- ELECTING A MEMBER TO CERTAIN Mr. HASTINGS of Florida. Mr. gressional Renewable Energy and En- STANDING COMMITTEES OF THE Speaker, yesterday a giant in South ergy Efficiency Expo and Forum that is HOUSE OF REPRESENTATIVES Florida passed away. He was a dear slated to take place tomorrow. The Ms. ZOE LOFGREN of California. friend of mine, Judge Edward Davis, topic of this expo is especially timely. Madam Speaker, by direction of the and a dear friend of all in America that Last year, China invested $34.6 billion Democratic Caucus, I offer a privileged are in the constant quest for justice. I in clean energy while the United States resolution and ask for its immediate have not had an opportunity to speak invested $18.6 billion, a distant second. consideration. with his wife Patricia, but I did men- We have an energy problem, and we The Clerk read the resolution, as fol- tion briefly last night that I offer she need to address it. lows: and the family my most sincere condo- At this forum, there are over 50 busi- H. RES. 1397 lences. nesses, clean energy trade associations, Resolved, That the following named Mem- I intend at the appropriate time in government agencies, and energy pol- ber be and is hereby elected to the following the CONGRESSIONAL RECORD to com- icy research organizations that will be

VerDate Mar 15 2010 03:27 May 27, 2010 Jkt 089060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\A26MY7.015 H26MYPT1 rfrederick on DSKD9S0YB1PROD with HOUSE May 26, 2010 CONGRESSIONAL RECORD — HOUSE H3841 showcasing their technologies. On effi- I would ask the Republicans in this SPECIAL ORDERS ciency: We should drill and mine en- House to stand with us and do a perma- The SPEAKER pro tempore (Mr. ergy efficiency the way we are so glut- nent fix. It can be done. But it’s not POLIS). Under the Speaker’s announced tonously dependent on drilling for oil going to be easy. We need to raise the policy of January 6, 2009, and under a and mining for coal. On renewable en- tax revenue. A good place to raise it is previous order of the House, the fol- ergy: We should invest in sustainable from those corporations that are shift- lowing Members will be recognized for energy and new technologies to build ing jobs offshore. 5 minutes each. our energy independence and to once f f again create American manufacturing jobs. NATIONAL GUARD SENT TO SENIORS’ BILL OF RIGHTS I ask my colleagues to join me in BORDER OR MAYBE NOT The SPEAKER pro tempore. Under a welcoming this year’s participants at (Mr. POE of Texas asked and was previous order of the House, the gentle- the expo and encourage my colleagues given permission to address the House woman from California (Ms. LINDA T. to stop by the Cannon Caucus Room to for 1 minute.) SA´ NCHEZ) is recognized for 5 minutes. ´ see the exhibits. Mr. POE of Texas. Mr. Speaker, the Ms. LINDA T. SANCHEZ of Cali- f administration announced they’re de- fornia. Mr. Speaker, I rise today to TIME TO MAKE A PERMANENT FIX ploying 1,200 National Guard troops to speak about an issue of concern to sen- TO THE MEDICARE PAYMENT the border. That sounds mighty good, iors in my district and around the FORMULA but not so fast. country. I’m proud to support the Sen- It appears troops aren’t really going iors’ Bill of Rights crafted by the (Mr. BURGESS asked and was given to the border. It seems they’re sending Democrats’ Seniors Task Force, and permission to address the House for 1 the National Guard troops 20 miles be- am committed to its goals. These goals minute and to revise and extend his re- hind the border to do computer support include helping seniors achieve finan- marks.) work. Well, we can hire a Geek Squad cial security by staying in their homes, Mr. BURGESS. Mr. Speaker, we find to do that. The National Guard troops finding jobs, and receiving quality, af- ourselves up against another deadline need to be on the border and they need fordable health care. for the so-called ‘‘doc fix,’’ and this to be armed so they can defend them- Our seniors made this country what happens because this Congress lacks selves. And they need realistic rules of it is today—fighting overseas for our the courage to solve the problem. The engagement. freedom, serving as the backbone for fact is, Mr. Speaker, the longer we put One border patrol official said that an economic boom in the post-war off doing a permanent fix, the more ex- sending unarmed National Guard years, and providing critical leadership pensive it gets. If the problem had been troops to the border amounts to the in our communities. fixed 5 years ago, it would have cost $49 border patrol guarding the National Today, I want to address a funda- billion. Guard. Our current border philosophy mental flaw in the Social Security sys- Here is an ad that the AMA has been is to try to capture people when they tem that I want to correct in the com- running in some of the papers here on cross the border. Once they’ve crossed, ing weeks: Social Security disability Capitol Hill. The cost to fix the bill if we capture them, then we have to fraud. We are all aware of the dis- now is $210 billion, but if we wait 3 deal with the consequences—like de- ability backlog and the steps Congress years, it almost doubles to $396 billion portations, prosecutions, drug gangs in is taking to reduce it. Due to dedicated and then balloons to half a trillion dol- our jails, et cetera. Why are we letting oversight and strong action since the lars in 5 years. illegals cross in the first place? Democrats took back the majority in But there is a better way. H.R. 3693 It seems to me we need boots on the Congress, the backlog is being reduced. would make a permanent fix to the for- border, not 20 miles behind the border What is less commonly known is that mula Medicare uses to determine pay- guarding computers. some disability insurers are purposely ments to doctors, and it’s critical for And that’s just the way it is. adding to this backlog. our patients because patients cannot get access to a Medicare physician be- f b 1900 cause, consider this, Medicare physi- They have forced policyholders to BUY AMERICA cian payment rates are about where apply for Social Security disability they were in 2001. Medical practice (Mr. MURPHY of Connecticut asked benefits or else they withhold pay- costs have increased more than 20 per- and was given permission to address ments. They do this even when they cent. What’s worse, the current fee the House for 1 minute.) know the person is ineligible for Social pays doctors less each year for per- Mr. MURPHY of Connecticut. Mr. Security disability benefits. forming the same procedures. Speaker, in the last year of the Bush Here is where the fraud comes in. I urge the Congress to pass a reason- administration, the Department of De- Disability insurance pays out when you able Medicare physician fix. The time fense, under President Bush, author- are hurt and unable to perform your has come and gone. ized a 450 percent increase in the num- job. Social Security is there when you f ber of waivers we grant to this Nation’s are so hurt that you cannot perform Buy America law, allowing in just 1 any job. FINANCIAL GAMES year thousands of American jobs to be If a neonatal nurse, for example, in- (Mr. GARAMENDI asked and was sent overseas using U.S. taxpayer dol- jures her shoulder in a car accident and given permission to address the House lars. can no longer pick up infants, she can for 1 minute.) We have the defense reauthorization no longer do her job and is eligible for Mr. GARAMENDI. Mr. Speaker, I’m bill on the floor this week, and we have temporary disability benefits from her astounded. I’m astounded with what I a chance to say no more, that one of insurer. Because this nurse is still ca- just heard. This is a problem that was the best ways to grow our domestic pable of serving a full career as a nurse actually created nearly a decade ago by economy is to make sure that our own in a number of other settings, she is the Republicans as they were playing U.S. taxpayer dollars, 70 percent of not eligible for Social Security dis- financial games. And to stand here on which are used with respect to U.S. ability. the floor and say this has to be fixed procurement on defense items, stay This isn’t a hypothetical situation. It now, yes, indeed it does, but indeed it right here in this country. is an actual case pulled from a lawsuit is the Republican Party that has pre- The stimulus bill is working. It’s cre- against one of the disability insurers vented us from fixing it. That’s going ating American jobs. But without that was defrauding Social Security. on right now as the negotiations take spending one dime more of American The disability insurer forced the place on the American Jobs Act and money, we can stop this trend of more nurse to commit fraud by forcing her corporate tax loophole closing—closing and more waivers being granted to the to apply for Social Security disability, the tax loopholes on corporations that Buy America laws and apply U.S. tax- even though they knew the full extent are in fact shipping jobs offshore. payer dollars to create U.S. jobs. of her injuries still meant that she

VerDate Mar 15 2010 03:27 May 27, 2010 Jkt 089060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\K26MY7.029 H26MYPT1 rfrederick on DSKD9S0YB1PROD with HOUSE H3842 CONGRESSIONAL RECORD — HOUSE May 26, 2010 could work as a nurse in other capac- New York City is no stranger to good about friend requests, Republicans ities. ideas, hard work, or small businesses. should contribute to meaningful de- These insurers have access to med- The city is home to over 200,000 small bate. If they did, then they would have ical records and know full well when businesses which create hundreds of known that according to the non- their customers are unable to perform thousands of jobs, provide valuable partisan Center on Budget and Policy any job. Yet they mandate that all of goods and services, and help drive our Priorities, cutting funding for the their customers, even those who are local economy. Temporary Aid to Needy Families Pro- only temporarily injured, apply for So- While the government can’t get small gram, as they attempted to do, would cial Security disability. This adds to businesses through all of the tough have resulted in 100,000 people losing the backlog and costs taxpayers mil- times, it can remove barriers that pre- their jobs. lions of dollars, all because insurers vent businesses from growing and being This Chamber isn’t going to be fooled want to delay paying legitimate able to succeed. We must do all that we or bullied or be controlled by the mis- claims. can to support the work of the count- guided ideological intention or mis- My legislation would require that in- less entrepreneurs that sustain our leading rhetoric of the few. Repub- surers play by the same rules that they economy. licans have called for voter input on require of individuals. If an insurer is I encourage my colleagues in the programs of national significance in going to mandate a policyholder apply House and in the Senate to work to- the name of civic participation. But for Social Security disability, that in- gether to enact policies that will sup- spreading misinformation is not in the surer should have to certify to the gov- port small business job creation. We best interests of the American people. ernment that the claim is a legitimate, must work to eliminate these barriers To the contrary, it is only in the best permanent claim. and to permit people to be able to ex- interests of the Republicans and their This legislation will root out this pand their businesses and to be able to agenda. Not only are the summaries practice so that bad actors won’t be create jobs. provided on YouCut, which I have able to clog the system with frivolous We need to make certain that folks called CutYou, inaccurate, they are claims. When frivolous claims are have an opportunity to work. We have specifically written to elicit a specific weeded out, access for legitimate appli- people that have gone to college and response. cants increases and the time to process are coming out with degrees and still As I have said, I do not fault my legitimate claims decreases. cannot find a job. I think the time has friends on the other side of the aisle for This is just one of the issues I am come when the Congress must come to- taking their upcoming election cam- working on to benefit California’s sen- gether and create jobs and job opportu- paigns into consideration and doing iors. I look forward to working with nities for these young people in par- those technological undertakings that my colleagues and passing this bill into ticular that want to work but are being they deem necessary for themselves. law. denied the opportunity because they What I do fault them for is wasting the f lack a job. time of this Chamber with their ulte- rior motives and legislative tricks. The SPEAKER pro tempore. Under a f previous order of the House, the gen- They are playing with short-term deci- The SPEAKER pro tempore. Under a sions that have long-term con- tleman from Kansas (Mr. MORAN) is previous order of the House, the gen- recognized for 5 minutes. sequences. tleman from Texas (Mr. POE) is recog- (Mr. MORAN of Kansas addressed the YouCut provides no effective way to nized for 5 minutes. House. His remarks will appear here- change policy, does little to reduce our (Mr. POE of Texas addressed the after in the Extensions of Remarks.) Federal deficit, does nothing to allow House. His remarks will appear here- f for people to talk about saving them- after in the Extensions of Remarks.) selves, and hurts everyday Americans, SMALL BUSINESS JOB CREATION f especially the poor and the elderly, The SPEAKER pro tempore. Under a who probably, some of them, cannot YOUCUT previous order of the House, the gen- participate in their poll for the reason tleman from New York (Mr. TOWNS) is The SPEAKER pro tempore. Under a that they don’t have BlackBerrys and recognized for 5 minutes. previous order of the House, the gen- computers. Mr. TOWNS. Mr. Speaker, I rise to tleman from Florida (Mr. HASTINGS) is Instead of continuing to be the Party express my thoughts on a matter of recognized for 5 minutes. of No, Republicans should say ‘‘yes’’ to deep concern to me, small business job Mr. HASTINGS of Florida. Mr. the American people and help pass the creation. Speaker, last evening I spoke on the legislation that this Nation needs and We have seen a lot of progress this House floor about the newly devised deserves. year. Our economy has created over YouCut program and how it undercuts I urge my Republican friends not to 500,000 jobs in 2010 alone. Last month, our representational responsibilities as undercut with their CutYou YouCut 290,000 jobs were created, with 231,000 of Members of Congress. representational democracy and not them in the private sector, the largest I would like to revisit this theme, just substitute selective, push polling, number of new jobs created in the last which has become a recurring one, robotexting, tooting and tweeting for 4 years. While these are great statis- given the Republicans’ most recent ef- the work of the greatest deliberative tics, we still have a long, long way to forts. body in the world. go. It will take time to recover the 8 I repeat, government by referendum f million jobs lost over the course of this is not representation. Just because The SPEAKER pro tempore. Under a recession. 81,000 people voted for a program in a previous order of the House, the gen- One positive thing that Congress Republican ploy doesn’t mean that it is tleman from North Carolina (Mr. could do to support jobs is to do all the will of the American people or in- JONES) is recognized for 5 minutes. that we can to support small busi- formed policy. (Mr. JONES addressed the House. His nesses. With two out of every three Let me make it very clear: Referenda remarks will appear hereafter in the new jobs created by small businesses, have their place, but in this, the Extensions of Remarks.) world’s greatest deliberative body, we they are the driving force of our econ- f omy. Unfortunately, they have also are not in the position of needing to been the hardest hit by the recession, have that kind of ploy put forward here NATIONAL SMALL BUSINESS having lost over 2.4 million jobs. in this body. Republicans seem to WEEK As President Obama indicated in his think that online gimmicks are an ef- The SPEAKER pro tempore. Under a meeting with the small business lead- fective substitute for good government. previous order of the House, the gentle- ers, this is the Nation where anyone What they fail to understand is that woman from Illinois (Ms. BEAN) is rec- with a good idea and the will to work national policy cannot be made in a ognized for 5 minutes. hard can succeed, and I agree with matter of minutes or within a few Ms. BEAN. Mr. Speaker, I rise this President Obama. clicks of a mouse. Instead of worrying evening to recognize National Small

VerDate Mar 15 2010 04:03 May 27, 2010 Jkt 089060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\K26MY7.031 H26MYPT1 rfrederick on DSKD9S0YB1PROD with HOUSE May 26, 2010 CONGRESSIONAL RECORD — HOUSE H3843 Business Week. This year marks the education, smart grid technology, and support the work ethic and entrepre- 47th annual Small Business Week, dur- health IT. neurial spirit of our small businesses, ing which we honor the immense con- We have seen a positive return. GDP the cornerstone of our economy. tributions of entrepreneurs, their com- growth has gone from negative 6 to f panies, and their workforce to our positive 6 since the stimulus, and U.S. The SPEAKER pro tempore. Under a country. manufacturing is now growing at its previous order of the House, the gen- Our Nation’s economic rebirth relies fastest pace since 2006. While these tleman from Indiana (Mr. BURTON) is on the ability of our community busi- signs of recovery are encouraging, recognized for 5 minutes. nesses to innovate, develop, and mar- more needs to be done. (Mr. BURTON of Indiana addressed ket solutions that deliver measurable Creditworthy businesses need to have the House. His remarks will appear value to their clients. Their growth access to working capital, and many hereafter in the Extensions of Re- and success creates up to 80 percent of need to restructure their debt in the marks.) months and years ahead. When busi- new jobs in our Nation, including 25,000 f already this month. nesses can’t access financing, they As a former business owner, I recog- delay contracts, hiring, equipment pur- OUT OF AFGHANISTAN CAUCUS nize today’s many challenges, includ- chases, and other expansions. The SPEAKER pro tempore. Under a ing getting access to capital, lowering The Recovery Act provided higher previous order of the House, the gentle- energy costs, funding R&D, workforce guarantees and reduced fees on SBA woman from California (Ms. WOOLSEY) training, and improving efficiencies. 7(a) and 504 loans. Since its passage is recognized for 5 minutes. When I host Small Business Federal SBA has driven over $27 billion in Ms. WOOLSEY. Mr. Speaker, in the Resource Seminars in my district, I en- small business loans into the hands of year 2005, I joined my colleagues and courage community businesses to con- our community businesses, yet many fellow Californians, MAXINE WATERS nect with Federal agencies whose re- are still struggling to access affordable and BARBARA LEE, and other strong sources and programs could be useful capital. Banks are operating under progressives in forming the Out of Iraq to their operations, including—I have tightened lending standards and have Caucus. That group was critical in gal- the SBA come out and share informa- greater risk aversion and greater expo- vanizing support for an end to the Iraq tion with our businesses about 504 and sure to the instability of the commer- war and a return of our troops safely 7(a) and Express loan programs. We cial real estate market. home. also talk about small business develop- b 1915 Before we formed the Out of Iraq ment tools from the SBDCs. Their strained balance sheets make Caucus, Mr. Speaker, questioning the The IRS is available to provide infor- it difficult to continue extending cred- occupation of Iraq was considered a po- mation about small business tax incen- it, where appropriate, to small busi- litical death wish, but because we had tives, which include 179 expense provi- nesses. the courage to speak out and to orga- sions and bonus depreciation, the NOL The experience of the Recovery Act nize, ours became a firmly mainstream carryback that has already refunded has shown that the SBA guarantee can position. Without the work we did and $2.6 billion to small businesses that had make a difference for an entrepreneur the pressure we applied and the growth been in the stimulus, so that as they in need of capital. When it comes to of our Out of Iraq Caucus, we would not had been profitable in previous years, Congress’ approach to fostering recov- be poised for redeployment out of Iraq they can get those dollars back at a ery, every week must be Small Busi- later this year. time they need to cover payroll and op- ness Week. It’s now time for those of us who op- erating expenses. There are also tax My colleagues and I will continue to pose the war in Afghanistan—a bloc credits for health care, which the IRS address the capital access gap with that’s growing every single day—to do elaborates on as well. measures we move forward in the the same thing. I urge Members on The Commerce Department talks weeks ahead. Congresswoman both sides of the aisle to join the new about export programs, and the De- DAHLKEMPER and I have a bipartisan Out of Afghanistan Caucus, formally partment of Energy talks about measure to increase the maximum loan launched by my friend Mr. CONYERS Webinars and grants, tools, and incen- size and guarantee on the SBA express from Michigan. tives for energy development and en- loan, a critical tool that provides As Afghanistan becomes more ergy efficiencies. working capital so firms can restock bloody, more expensive, and, frankly, Small firms are the engine of our inventory and make new hires. more hopeless, we must rally with the U.S. innovation and competitiveness, Today I introduced the Small Busi- same sense of purpose and fearlessness producing 13 times more patents for ness Asset Investment and Moderniza- as we did in 2005 in the debate over employees than those in larger firms. tion Act, which will enhance the SBA Iraq. Every day, it seems, brings more And they support our communities. In 504 loan program for commercial real bad news out of Afghanistan. The addition to goods, jobs, and services, estate, buildings, and heavy equip- United States death toll has topped small firms invest in local real estate. ment. 1,000. According to news reports, for Their suppliers grow as they grow, and Businesses are facing a collateral the first time we now have more troops they contribute to charities and pro- program as their loans mature and in Afghanistan than we do in Iraq, and vide leadership and mentoring services their equity is down in value. Many the combined costs of both wars is fast to their neighbors. small business owners obtained loans approaching $1 trillion—that’s trillion To help small firms weather the re- during the bubble, getting loans at in- with a ‘‘T,’’ Mr. Speaker. cession and access the capital that is flated appraised values on their prop- The American people are losing pa- critical to their growth, Congress and erty or with balloon payment struc- tience with this war, and who can the SBA have stepped up. The Recov- tures. Banks are reluctant to restruc- blame them? For 81⁄2 years, they have ery Act included $288 billion worth of ture debt, particularly if the borrower sent their finest men and women and tax cuts, not just to 95 percent of work- is equity challenged or if the bank is their hard-earned taxpayer dollars ing Americans, our consumers, but capital challenged. halfway around the world only to find business incentives as well, including My bill will temporarily enable busi- that the Taliban is resurgent, the ter- bonus depreciation, 179 expensing, the ness owners to refinance their commer- rorist threat remains strong, and Af- NOL carryback, and capital gains ex- cial real estate debt through the 504 ghanistan remains mired in corruption, clusions for small business stock. The program, addressing an acute near- violence, and poverty. At just the mo- first-time home buyer tax credit helped term need in that sector. Over the next ment when we need to draw down, we bring 700,000 new buyers back into the few weeks, I look forward to advancing are doubling down. We’re pouring thou- market. these and other initiatives to help our sands of troops into Kandahar for an This broad-based stimulus went fur- growing businesses get the capital they all-eggs-in-one-basket offensive that no ther with infrastructure investment in need. one seems confident will succeed. roads, bridges, energy, and water I urge my colleagues to join us in With all that in mind, how can we, in projects, and included investments in moving forward on further programs to the House of Representatives, not

VerDate Mar 15 2010 04:03 May 27, 2010 Jkt 089060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\K26MY7.037 H26MYPT1 rfrederick on DSKD9S0YB1PROD with HOUSE H3844 CONGRESSIONAL RECORD — HOUSE May 26, 2010 speak with a louder and more unified such agony for so many. The elevation Soviet Moscow. Many faces still haunt voice against this war? But we in the of Joseph Stalin with a monument is her today—the trains of people, fami- Out of Afghanistan Caucus are not call- an affront to those who have fought for lies, old, young, starving, sick, hauled ing for an abandonment of the country. freedom around the world. Just as a off with standing room only in those We just believe that a military occupa- monument to Adolf Hitler in Germany box crates. She became one of the chil- tion, which has had nearly a decade to would be unacceptable, freedom lovers dren of the street, one of the few sur- work, can’t achieve the objectives of simply cannot stand by silently while a vivors of that tragic time in history stability and security for the Afghan monument to Stalin, the mass mur- who ate grass, pinecones, and anything people. derer of the 20th century, is erected in that was chewable in the shadows, What we need is diplomacy. We need Ukraine. afraid that they might be taken away. humanitarian aid, support for democ- The story of U.S. citizen Eugenia People were begging, starving, eating racy building and civil society pro- Sakevych-Dallas, a survivor of the anything they could find—a dead horse grams. What we need are more re- famine genocide in Ukraine, can clear- if they were lucky. Thousands of people sources for agriculture, education, and ly express how Ukraine and her people were falling over dead, millions upon infrastructure. These are the tools of a were treated under the iron fist of Jo- millions of innocent people killed smart security strategy that can em- seph Stalin. She describes herself as a under the Communists. power the Afghan people in a way that survivor of the forced famine in It was a sad time in history where, sheds no more blood. Ukraine of 1932–1933. She recounts: It is during the height of the famine, Mr. Speaker, warfare has only led to with tears of joy for the future and Ukrainian villagers were dying at the more warfare, emboldening the very salty tears of pain for the past that I rate of 17 per minute, 1,000 per hour, enemy we’re trying to defeat. A peace- write this account of my survival. It is and 25,000 per day, leaving only a few ful civilian surge is actually the only the bone-chilling nightmare of every survivors to keep the history alive. answer. child to have their parents dragged They were stacked up like logs. I ask my colleagues to join me in be- away by force, never to see them again; The horror and panic of that time of coming a part of the Out of Afghani- siblings sent to prisons, parents sent to tyranny is still with her. The hunger stan Caucus and help bring our troops their deaths. that plagued Russia and tortured the home. She was born in Mykolaiv Oblast and Ukrainian people in their scheme to f came from a happy family living off slaughter and take over and annihilate the land, but that happiness was stolen The SPEAKER pro tempore. Under a the middle class, she says, Let us not when, at the age of 5, they were forced previous order of the House, the gentle- forget. It is our duty to bring the to give away their home, their land woman from Florida (Ms. ROS- memories and truth to the world. We was confiscated, and all their domestic LEHTINEN) is recognized for 5 minutes. must expose the hardships, the horrors, animals were taken from them. Like (Ms. ROS-LEHTINEN addressed the and the truths so that these atrocities many Ukrainians, they were left on the House. Her remarks will appear here- never can happen again. streets to starve. They were called after in the Extensions of Remarks.) f ‘‘Kulacs’’—enemy of the people. Her fa- The SPEAKER pro tempore. Under a f ther was arrested first. The Com- previous order of the House, the gen- The SPEAKER pro tempore. Under a munists came and picked up her family tleman from Arkansas (Mr. BOOZMAN) previous order of the House, the gen- one by one, leaving her an orphan, an is recognized for 5 minutes. tleman from Illinois (Mr. DAVIS) is rec- orphan crying with unbearable psycho- (Mr. BOOZMAN addressed the House. ognized for 5 minutes. logical wounds, alone, afraid, and His remarks will appear hereafter in (Mr. DAVIS of Illinois addressed the starving. the Extensions of Remarks.) House. His remarks will appear here- She remembers her beloved mother after in the Extensions of Remarks.) during that time trying to feed the f f children, doing what any mother would The SPEAKER pro tempore. Under a to care for her offspring. She found a previous order of the House, the gen- UKRAINE few rotten potatoes in a field, and, for tleman from Oregon (Mr. DEFAZIO) is The SPEAKER pro tempore. Under a this, Stalin’s lieutenants arrested her recognized for 5 minutes. previous order of the House, the gentle- and she was sent to Siberia. The pris- (Mr. DEFAZIO addressed the House. woman from Ohio (Ms. KAPTUR) is rec- ons during that time were over- His remarks will appear hereafter in ognized for 5 minutes. populated with people who had done the Extensions of Remarks.) Ms. KAPTUR. Mr. Speaker, the peo- nothing but try to survive. f ple of Ukraine have been struggling to Memories flood back to her, as do SENIORS TASK FORCE achieve a fair, independent, and strong tears, and she remembers the long, democracy since the oppressive Soviet long lines of men waiting for stale, The SPEAKER pro tempore. Under yoke was shed in 1991, but recent molding half loaves of bread for hours the Speaker’s announced policy of Jan- events in the southern Ukrainian city upon hours. Etched in her mind is one uary 6, 2009, the gentlewoman from of Zaporozhia have raised alarm. man whom she did not even know that California (Ms. SPEIER) is recognized A seven-foot tall statue of Joseph finally reached the end of the line and, for 60 minutes as the designee of the Stalin, the World War II Communist with starvation in his eyes, grabbed majority leader. tyrant of the Soviet Union who was re- the little loaf and started to bite into Ms. SPEIER. Mr. Speaker, the Demo- sponsible for the Holodomor famine it, swallowing it as fast as he could and cratic Caucus feels very strongly that genocide in which millions upon mil- then dropping dead right in front of seniors in America count and, in so lions of people starved to death, as well her. doing, created a Seniors Task Force co- as the deaths of millions of Ukrainians, Starvation is an odd thing, she chaired ably by Congresswoman Pols, Russians, and so many others in- writes. An empty stomach taking in SCHAKOWSKY of Illinois and Congress- side that tyranny, has been built out- bread is like swallowing cement. It woman MATSUI of California. And we side of the city in front of the Com- does not absorb the nutrients. It hard- thought it was fitting tonight, this munist Party headquarters. Even ens and kills the human body. I lost being the month in which we honor worse, Zaporozhia authorities just de- my dear sister to starvation, a forced seniors, to spend an hour talking about nied opposition groups the right to as- death, legalized murder, or murder the seniors of America. semble to object to the statue’s public that the Communists, at Stalin’s be- There are 45 million seniors in this display. hest, decided was mercy killing. country, and they have the right to ask Since World War II, the world has They were constantly on the run us what have we done for them lately. come to know that Joseph Stalin killed while her family was being picked off And tonight, we’re going to ask that over 50 million people inside those bor- one by one by the Communists. And as question, and we’re going to answer it. ders, and the repressive legions that starvation took hold of the Ukrainian First of all, I think we should focus supported him were responsible for people, hatred filled their hearts for in on Wall Street, and our message is

VerDate Mar 15 2010 04:03 May 27, 2010 Jkt 089060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\K26MY7.040 H26MYPT1 rfrederick on DSKD9S0YB1PROD with HOUSE May 26, 2010 CONGRESSIONAL RECORD — HOUSE H3845 ‘‘When Wall Street gambles, she loses.’’ ments out of savings and then gave up. vince them that they’ll need reverse So part of what we want to focus on to- The trustee sale was first set for Janu- mortgages or that they’ll need to take night is the reforms on Wall Street ary 2, 2009. A legal aid attorney came out loans on homes that are already that will protect seniors in America. to her benefit and was able to postpone paid for. The biggest winners, we suggest, in the sale of her home, and negotiations This happened to a widow in my com- the Wall Street reform are people over continue today. munity. She was told that she needed the age of 50, who hold 70 percent of the This is a real story. She is a real per- to take out this loan. She didn’t ask. Nation’s wealth. Oftentimes, seniors son in California who was not given the She got cold-called by the predator and don’t realize how big their assets really right to a simple-to-understand and found out that she was tangled up in a are or how valuable they are, and they suitable financial product. That is, in financial mess that put her home in become ripe for scam artists to take part, what we are going to make sure jeopardy. She is not the only one who them on a wild ride that oftentimes happens as a result of the Wall Street has been in this position. We heard means that they lose the very assets reform, in part because we are creating from the consumer law agency and also that they have held so dear. Seniors a Consumer Financial Protection from AARP that seniors are frequently often have caregivers they share their Agency so that this kind of activity the victims of predatory lenders in this financial data and information with can’t continue to go on. kind of practice. That’s why the Con- and, oftentimes, can be exploited by In another case, a 90-year-old Cali- sumer Protection Agency’s taking a those very caregivers. fornia retiree was sold a $100,000 annu- special look in protecting older Ameri- So we have created a Senior Finan- ity in 2001. He would have to live to be cans is so necessary. cial Bill of Rights, which I would like 100 to have unfettered access to his What did Wall Street and others do? to share with you right now. And the money. Instead, he died at 91, and his What is their connection to these pred- Democrats believe that there are four heirs were hit with an $11,000 surrender atory lenders? simple principles that we espouse on charge. Well, they got into this game of get- behalf of seniors. In another example, an 83-year-old ting more and more mortgages, so- The first is the right to simple-to-un- woman was sold a $125,000 annuity in called Alt A, subprime and other kinds derstand and suitable financial prod- 2002. According to her son, she suffered of risky mortgages, of securitizing ucts. Now, this would seem so very ob- from dementia and believed she had ac- them and then selling them as invest- vious, but I’m going to share with you cess to her savings when she had to ments. Some of them, like Goldman, a couple of stories that suggest seniors enter a nursing home. In fact, she would even bet against those invest- become the most vulnerable population would have to pay exit penalties of 25 ments in some of their practices. We in terms of being captured by an indus- percent if she withdrew more than 10 found out that more and more Wall try that has plagued us with all kinds percent of her money in any year dur- Street houses were using these of financial products that are not un- ing the first 6 years of the contract. So, subprime mortgages and the sales of derstandable. when she died in 2004, her son had to those as securities to get more profits I first want to talk about a 67-year- pay—now, are you ready for this?—a for themselves. It was profitable for old retired widow living alone in a $50,000 surrender fee. Wall Street, and it was profitable for home she’s had for 24 years. She re- That’s why we need a Consumer Fi- Wall Street executives. Compared to cently got a part-time, minimum wage nancial Protection Agency in this seniors, take a look at what the Wall job as a kitchen helper that helps with country, because that kind of activity Street CEOs are getting paid. her expenses. She’s getting $500 a goes on and has gone on. While you Lloyd Blankfein: $9 million a year, or month for that. She gets $973 a month may suggest that it’s ‘‘legal,’’ it’s to- $24,657 a day. in her Social Security benefits. And tally unethical, and the CFPA will pro- Ms. SPEIER. Would you repeat that? the balance due on her home is $90,000. vide that kind of protection for seniors. Ms. KILROY. $24,657 a day. I am going to go to these other senior Ms. SPEIER. Isn’t that amazing. b 1930 financial bill of rights later on in the Ms. KILROY. The senior, $47 a day— Now, her husband died in 2003, and hour. I would now like to yield to Con- average income—based on the $17,300 she was having a hard time making gresswoman KILROY as much time as average annual income. those mortgage payments, so she went she may consume. Take a look at Jamie Dimon at to Wells Fargo and got them to offer Ms. KILROY. Thank you very much, JPMorgan Chase: $16 million salary, an her a reverse mortgage. In so doing, Congresswoman SPEIER. I appreciate astounding $43,835 a day. There is John she was able to pay off her regular what you had to say. My heart goes out Stumpf. You mentioned Wells Fargo mortgage and did not have payments to those seniors who have been abused and their practice with the senior in for as long as she continued to live in by predatory lenders, by predatory your community. He receives $21.3 mil- the home, which appeared to be a good practices, by scam artists, and by lion, or $58,356 a day. result. fraud. This is why we need to take ac- That’s incredible. That’s more than Yet, in 2007, agents working for tion. As you say, the Wall Street Re- some people make in a year. They were World Savings in Orange County, Cali- form Act is going to help us to do just making this every single day and were fornia, found her 500 miles away in that—to protect seniors. putting seniors’ life savings at risk. Yuba City, California. In a series of When I think about what seniors Now, many people got hurt in the phone calls, they convinced her that need, they need, of course, personal se- Wall Street downturn, but seniors have Wells Fargo was demanding the repay- curity. They need to live in safe and less time to be able to reinvest and to ment of her reverse mortgage because livable communities. They need access make up that difference and to recover home values were declining to levels of to health care. With our recent health from what Wall Street did to Main less than the loan balance. They con- care bill, we are working to give sen- Street. We need to work hard to make vinced her that Wells Fargo would fore- iors greater access to health care, to sure that seniors are protected from close if she did not refinance to pay off strengthen Medicare, to give greater other kinds of scams, and we need to the reverse mortgage. She was con- choices in preventative medicine, with make sure they know, when they get fused and frightened, and she did not co-pays, and to close the Medicare somebody calling them, offering them understand the reverse mortgage for doughnut hole. That is part of their se- mortgages that they didn’t ask for, which she had paid $11,000 in origina- curity. that that’s an alarm. tion fees. Also, there is financial security so When they get somebody telling So, before long, she was into yet an- that they can live the rest of their them that they have to act today, other mortgage with an adjustable rate lives secure that their money is going that’s another danger sign. They need mortgage and was paying $4,000 a to be there, that their life savings to be careful of balloon payments, of month at one point. Even the lowest aren’t going to disappear because of prepayment penalties and of other payment option constituted 68 percent the excesses and the risk-taking of kinds of tricks and gimmicks that can of her Social Security income—an ab- Wall Street or that they will become make those loans very expensive, that solute nightmare. She made three pay- victims of predatory lenders who con- can make it hard for them to get out of

VerDate Mar 15 2010 04:03 May 27, 2010 Jkt 089060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\K26MY7.046 H26MYPT1 rfrederick on DSKD9S0YB1PROD with HOUSE H3846 CONGRESSIONAL RECORD — HOUSE May 26, 2010 or that can make their money out of I yield back. ing into other situations. For the reach for a long time. Ms. SPEIER. I thank the gentle- amount of money that they have com- That’s why we need the Consumer Fi- woman for her outstanding comments ing in, it cannot meet the cost of hous- nancial Protection Agency. That’s why in protecting the seniors of America. ing today. Finally, we talked about we need an office which will protect I now yield to my good friend and their getting quality health care. older Americans. It will make sure colleague from the great State of Cali- A 2009 study revealed that in Cali- that those kinds of practices aren’t fornia (Ms. RICHARDSON) as much time fornia, the State that I come from, happening and that, when seniors get as she will use. over 500,000 seniors are living single financial information—and when all of Ms. RICHARDSON. First of all, I and are having a difficult time making us get financial information—that it would like to acknowledge the co- ends meet, let alone enjoying their will be clear and easy to understand, chairs of our senior task force—Ms. quality of life. not with pages and pages of fine print. SCHAKOWSKY and Ms. MATSUI. The work As we move forward to continue ad- I was so proud of the credit card bill that we have been able to do in such a dressing the needs of senior citizens, I that we passed in our Financial Serv- short period of time is amazing. am proud to be a member of this newly ices Committee, that this body passed Of course, to Ms. SPEIER from Cali- established seniors’ task force. We are and which was signed into law to make fornia, my neighboring home State, I committed to preserving the rights, as credit card practices much clearer. We thank her for organizing this hour that has been talked about so far this need to continue to work to make sure we have today. evening, and in promoting the interests that seniors’ financial security is also You know, seniors are the fastest of America’s senior citizens. The sen- protected. growing segment of our population. iors’ task force will be an excellent ve- Ms. SPEIER. Will the gentlewoman Every year, as more and more of the hicle to ensure that the government is yield? baby boomer generation retires, the working for our seniors and for some of Ms. KILROY. Yes. number of seniors in our country grows us, if we are so blessed to be, who will Ms. SPEIER. When you were refer- considerably. Currently, one in every be coming forward as well. ring to credit cards, I was reminded eight people in the United States is an At the task force opening press con- that, in 1980, a credit card application older American. Over the next decade, ference last week, we unveiled the sen- was one page long, about 700 words. the number of older Americans will in- ior bill of rights as has been shown. Today, a credit card application—and, crease by 36 percent. That’s 5.5 million This resolution is an expression of indeed, a contract—is closer to 30 people. In my district alone, there are what seniors who have worked most of pages. Imagine if senior citizens were over 52,000 seniors. Older Americans their lives to make this country a bet- trying to wend their way through 30 are living longer and more active lives. ter place deserve in return. There are pages of legalese and knew precisely Yet with older ages and longer lives, just a few things: what they were getting. there come new challenges for us in One, financial security and stability. Isn’t it true that the Consumer Fi- Congress and in State and local govern- Two, quality and affordable health and nancial Protection Agency is going to ments to meet. Regardless of our ages long-term care. Three, protection from simplify that process for seniors and or our generations, we have a responsi- abuse, scams, and exploitation. We for all Americans? bility to look out for our senior Ameri- heard some examples of those this Ms. KILROY. That is one of the very cans just as our children and grand- evening. Four, a stronger economy now important things it will do. It will take children will hopefully do for us one and for future generations. Five, for a a look at all of the confusing docu- day. safe, livable community with safe ments. Last week, I had the pleasure of transportation options. One of the charges that was made hosting a 37th Congressional District against one of the financial institu- annual senior briefing. We had over b 1945 tions in this country was that they 1,032 seniors. It was pretty amazing to This Congress has recognized the were pushing some of their predatory be there and to see everyone coming in, needs of seniors, and we have taken it lending products by having closing doc- excited to be there. Well, what I want on straight, without hesitation, that uments that were about as thick as a to say is that it was really interesting swift and bold action is needed. telephone book. Then they were push- to me: two-thirds of those individuals In the very first days that Congress ing people, stating they didn’t have drove. Two-thirds of those individuals was in session for this particular 111th time during the closings to actually had computers. Congress, we passed the American Re- read them: No. You’ve got to keep So, when we talk about seniors, it’s covery and Reinvestment Act, also moving. You’ve got to keep moving. not the end of the road. In fact, for known as the Recovery Act, and many People were not really understanding many—and thankfully so—there are seniors included in that received $250 what they were signing in these many, many good quality years ahead. that was to go towards helping to cover lengthy documents and in the fine What we have the ability to do on this the costs, the rising costs, that many print. task force is to ensure that they can of our seniors are facing. This is an important financial trans- have good quality lives and will not But then we took another action just action. For many people, buying a just simply stay at home, not really about a month or so ago, and that was home is the biggest financial trans- able to be productive. concerning health care reform. This action they’re going to make. It has to When we had our senior briefing, the Congress, this Democratic Congress, be a clear and fair document so that seniors were excited, and they were in took the leadership, without much it’s good for both parties in the trans- great spirits. We had a full agenda; and other assistance except by our help action, so that it’s a good deal for the the biggest thing that we talked about, from the administration, to make sure mortgager, and so that it’s a good deal which we spent half of our time on, was that we could pass health care reforms for the person who is taking out that understanding the health care bill that that would dramatically increase the mortgage. That can only happen if it is this Congress just recently passed and quality and the affordability of care a contract that is fair and reasonable how it benefits them. that our seniors would face. in its terms so that people can under- The other things, though, that were The health care reform that we did stand what it is they’re signing. It is unfortunate that I learned in that over the next few years will help close very important for our seniors. meeting were some of the troubles that the Medicare doughnut hole that keeps Again, citing AARP and consumer some of my seniors were having—trou- many seniors from getting the pre- law organizations, we know that sen- ble staying financially secure in the scription drugs that they desperately iors are most often the targets of that midst of this recession. Ms. SPEIER need. The average senior will save $250 kind of predatory behavior, and that’s talked about what has happened with in 2010, $750 in 2011, and over $3,000 in what we have to be very careful of. the actions of Wall Street. Number 2020 on prescription drugs. Stand up with our senior bill of rights two, obtaining jobs. Number three, However, one need that we know is for financial security for older Ameri- finding affordable housing. For many also being overlooked and I have been cans. seniors, they are downsizing and mov- trying to take some leadership on is

VerDate Mar 15 2010 04:03 May 27, 2010 Jkt 089060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\K26MY7.047 H26MYPT1 rfrederick on DSKD9S0YB1PROD with HOUSE May 26, 2010 CONGRESSIONAL RECORD — HOUSE H3847 the fact that many of our seniors are cans who are now 65, in 10 years that Yet this economic downturn has hurt still working; some because they want number will more than double to 88.5 that stool in all of those areas. to, because they have the ability to million Americans who will be over the With more people unemployed, fewer and there is much left to contribute, age of 65. So making sure that seniors people are paying into the Social Secu- but others because they have to. are protected is going to be a more and rity system, so that hurts the system These economic woes that our sen- more significant responsibility for Con- as a whole. That is why it is so good iors are facing are based upon many gress to ensure. that we are focused on jobs and work- factors. Over 40 percent of the seniors You mentioned the doughnut hole. ing on jobs, to get more people doing in my district rely upon Social Secu- For seniors who are on Medicare, what they want to do and need to do to rity as their only source of income. I health care reform has been somewhat support themselves, but also being part know many seniors who are pinching challenging, because they didn’t know of the Social Security system. pennies simply to eat. This isn’t ac- what was in it for them. Part of what We know that the Wall Street abuses ceptable. In fact, it is not even Amer- we are talking about is what have you have hurt in many cases pension funds ican. There are many seniors in my dis- done for seniors lately. who invested in risky products, who trict who need to continue to work in The health care reform measure has were sold these products by a company, jobs in order to maintain financial se- huge benefits for seniors that are im- say, like Lehman Brothers, who then curity. portant to underscore, one being that if disguised what was going on by these The ongoing economic downturn, you do find yourself in the doughnut Repo-105 practices, just taking some of which Wall Street greatly, in fact, hole by this fall, you will receive a the downside that should be on their caused, that national economy that check for $250. If you are in the dough- balance sheet and hiding it when the has now adversely affected millions of nut hole come the first of January, you quarterly reports were due. That has workers in various age groups has dis- are going to be able to buy your pre- hurt the pension funds that the State proportionately burdened workers over scription drugs at 50 percent of what employees are involved in in the State the age of 55. Older Americans are ex- the retail costs of them are. And the of Ohio. It is making that fund take a periencing difficult times, and only 55 greatest news of all, and this is a ben- large economic hit that somehow we percent of the jobless older workers efit for senior citizens as well as every have to make up for, or people will not have been there long enough to be able one of us, and that is for preventative have the same kind of pension benefits to have an extended tenure beyond care, there will no longer be a copay. that they thought they might have. January of 2008, compared to 72.6 per- That kind of gets lost in translation Then there is also the personal sav- ings aspect too. We have all seen the cent of those in the age group of 25–54. from time to time. But I just had, and 401(k)s have become 201(k)s, as we all A larger share of jobless older workers I am proud to admit it because I think know, because of the risky behavior were paid lower wages in their new we all should have colonoscopies after that Wall Street engaged in, and be- full-time jobs, compared to people who age 50, but I just had a colonoscopy. I cause maybe we don’t have the kind of are in the age group of 25–54. got the bill, and we all kind of experi- financial literacy we should have in We have a responsibility. We have a ence sticker shock when we see those this country. duty to provide employment opportuni- health care bills arrive at our home, Again, back to the Consumer Protec- ties to senior citizens, who still have and, thank God, we have health insur- tion Agency and the agency that will much to contribute. So I brought for- ance, but my bill was over $3,000 for protect older Americans that will focus ward a bill to add to the great Senior that procedure. Now, a copay on that on that, that will make sure the infor- Bill of Rights that we have brought procedure is like $600. mation is getting to people in clear But moving forward, whether it is a forward, which is H.R. 4819, Expanding terms, so that they know that when the Opportunities for Older Americans colonoscopy, a mammogram, any kind they are investing something, that the Act of 2010. of screening for cancer, that will no person they are investing with is look- This bill responds to the need of sen- longer carry with it a copay, because ing out for their interests, for the cli- ior citizen employment opportunities. we want to incentivize seniors and ent’s interests, not just simply being It will expand senior employment pro- younger people to actually take advan- selfish and selling them something grams for older Americans and create tage of the preventative services that that is not good for them. And it will 40,000 new jobs. This bill will also lower are out there, that really prevent peo- help us by ending taxpayer-funded bail- the eligibility age for participating ple from getting sicker and requiring outs for Wall Street for any future members of our society, and it will also more health care and more hospitaliza- damages like that. eliminate some of the requirements tion. We want to make sure that we are that work against seniors. For example So lots of good things for seniors are working hard to stay on top of this if a senior happens to be married and in health care reform. thing. But as much as Congress can do, their spouse is working, many of the Ms. KILROY. That is absolutely cor- we can’t do it every day the same way current programs that other spouse is rect. If the gentlelady will yield, I con- that an independent office of consumer not able to take advantage of, and that gratulate you for taking care of your protection can do, that would have is wrong. health and getting those preventative that as their charge and every day be We must ensure that seniors have fi- measures taken care of. Even though taking a watchful eye on the practices nancial security and that this economy we don’t like to do them, they are good of the investment industry to make works for them. We must uphold our things to do. sure that these kinds of abuses aren’t end of the bargain to our seniors, who Those kind of copays, when you going on anymore. have sacrificed and dedicated so much think about what seniors need to pay, Ms. SPEIER. I thank the gentlelady to this country throughout their lives. with the more frequent medical testing from Ohio. I urge all of my colleagues to join us perhaps, or higher costs of prescrip- You know, it would be great for us to in this Senior Task Force, not only to- tions, maybe taking more prescrip- focus for just a minute on the prescrip- night, when we have started the discus- tions, therefore more copays on those, tion for Wall Street reform for the 40 sion, but as we move forward the Sen- the senior cost of living could be higher million seniors in America and just ior Bill of Rights and many other than the cost of living index for maybe kind of list out the protections that pieces of legislation that will make a the general population. That is why it are in the Wall Street reform. difference. is important that they have the eco- As you mentioned, the office of finan- Ms. SPEIER. I thank the gentlelady nomic security that Representative cial protection for older Americans, from California. RICHARDSON spoke of. this is going to be a huge benefit for The numbers of seniors in our coun- For seniors, it is sort of like a three- seniors, because they are going to be try is growing exponentially, in part legged stool. One leg of the stool is So- able to call this office and say, you because some of us who are baby cial Security; one leg of the stool is know, I have just been offered X. Is boomers are growing older and reach- personal savings, which we should all this something that makes sense? ing that age ever so quickly. But I note be thinking about as we get older; and Let me give you an example. Sergio that while there are 40 million Ameri- one leg is also maybe a private pension. Del Toro, he has been banned from the

VerDate Mar 15 2010 04:03 May 27, 2010 Jkt 089060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\K26MY7.049 H26MYPT1 rfrederick on DSKD9S0YB1PROD with HOUSE H3848 CONGRESSIONAL RECORD — HOUSE May 26, 2010 securities industry for defrauding a 90- sion. And many of them lost all of drug prices are through the roof, they year-old Minnesota nursing home resi- their savings to predatory Ponzi don’t get a cost of living increase be- dent of $511,000. Mr. Del Toro rec- schemes. However, for them, one thing cause the price of cell phones and sup- ommended that the elderly man put his is certain in this time of economic un- porting equipment went down. entire net worth into the stock of a certainty: Social Security is still In the worst economic downturn firm called Third Dimension, for which there, on time, every month. This crit- since the Great Depression, seniors are there was no market or publicly quoted ical program is working just as it losing their pensions, watching their pricing. Mr. Del Toro’s alleged motiva- should for millions of people. home values drop. And, on top of all tion? A 15 percent commission, equal Mr. Speaker, if President Bush and that, the agenda that the Republicans to $76,000. the Republican Congress had their way have put forth threatens to privatize Now, as part of Wall Street reform, and had enacted a risky privatization this sacred trust. one of the standards that is going to scheme for Social Security, the savings And while this Congress has had to have to be met is, is there a net tan- of all America’s seniors would have make the hard choices after inheriting gible benefit to the client? Clearly, in been gambled away on the stock mar- an economy in shambles, the men and this case there was no net tangible ben- ket. women serving our country on the efit. What happened was this nursing Today, I stand here with my Demo- commission, on the task force looking home resident lost his whole savings of cratic colleagues to say that we will at the challenges facing our country $500,000, and Mr. Del Toro was the re- never let the private market gamble fiscally, have the unenviable task of cipient of $76,000 in commissions. Mr. away the financial security of our Na- reducing our deficit and getting our na- Del Toro is banned from the industry tion’s seniors and our Nation’s most tional debt under control. now, but this is another example of vulnerable. Mr. Speaker, it’s clear the I would simply remind the distin- guished members of the commission why having Wall Street reform is so stock market is no place for Social Se- that before this great recession, Social necessary. curity. It would take the security out Security has run a surplus every year I now yield to one of our newest of Social Security. since the 1980s and, in fact, today has Members of the House, Mr. DEUTCH Just this year, the Republican alter- $2.5 trillion in reserves. from Florida, to have him offer up his native budget called for cuts in pay- ments to seniors and a risky privatiza- Mr. Speaker, on behalf of America’s thoughts. seniors, I would say to the members of tion of the overall system. Clearly, our Mr. DEUTCH. Thank you very much. the commission that a deficit commis- colleagues on the other side of the aisle I appreciate that. sion should not undercut a program didn’t run this idea by my constituents Mr. Speaker, I rise to join my Demo- that contributes nothing to our deficit. cratic colleagues to discuss the chal- who saw what happened to their pen- Just a month ago, the good people of lenges facing seniors in America today. sions invested in the private market. Florida’s 19th District sent me to Con- The large, vibrant senior commu- I would like to thank the gentlewoman gress to fight for our seniors, our com- nities of south Florida share a common from California, Representative munity, and our values. And I’m happy SPEIER, for her ongoing commitment to value: that a lifetime of hard work to tell them that, with my Democratic our Nation’s seniors, as well as Rep- should be honored with a secure retire- colleagues here today, this Congress is resentative SCHAKOWSKY and Rep- ment. I stand with them when I say making these values a top priority. resentative MATSUI for their out- that Social Security must remain a re- And I’m pleased to reassure the sen- standing work as co-chairs of the Sen- liable program, not just for this gen- iors in Palm Beach and Broward Coun- ior Task Force, an effort launched by eration of seniors, but for generations ties that, as a part of the Seniors Task the Democratic Caucus to protect the of Americans to come. Force, I’ll be a tireless defender of So- health and financial security of our Na- To the opponents of this popular pro- cial Security and Medicare and a dedi- tion’s eldest Americans. gram, I say that we will tirelessly fight cated advocate for policies that protect Today I would like to focus on an for the due benefits of our seniors who the health and financial security of issue of great importance to me and have spent a lifetime of earning. We America’s seniors. the many residents in the 19th District will not yield. We will not back down. I’m thrilled to stand here with my of Florida, and that is the issue of So- And for this generation of seniors and colleagues. cial Security. the next and the next after that, we Ms. SPEIER. I thank the gentleman Social Security is a sacred trust that will not let Social Security be from Florida for his passionate com- provides over 50 million Americans privatized. mitment to seniors. each year with a measure of financial And while this social program keeps I’d like to address this whole issue of security. In my district and across the millions out of poverty, the work of mortgages. You know, so many Ameri- country, Social Security guarantees improving how we care for our Nation’s cans have seen their homes being fore- seniors the ability to enjoy their gold- retirees has not ended. The current closed on over the last 2 to 3 years. The en years free from abject poverty or fi- cost of living formula that ties seniors’ numbers are staggering. We’re talking nancial reliance on their children. COLA to the Consumer Price Index about, 7, 8, 9 million homes. And I As the representative from Florida’s tracks inflation across the economy. think that there’s a misconception 19th District, I have the privilege of Our Nation’s economic downturn has that somehow those are all younger serving so many seniors who fought in prevented America’s seniors from re- families, but the truth is many of these World War II and rebuilt this country ceiving an adequate cost of living ad- people are senior citizens. after the Great Depression. These won- justment, and that’s not right. One of the protections in the Wall derful Americans have worked hard The Consumer Price Index for wage Street reform is that we are going to every day of their lives, and for them, earners tells us that goods and services deal with banning predatory mortgage Social Security does what it was de- are less expensive than they were in lending, and I want to just share with signed to do—it provides them with a the third quarter of 2008, but the sen- you one example. secure, basic source of income after a iors in my district and across America This is back in 2000, at the age of 57, lifetime of hard work. know that their prices continue to go Willie Howard, who, at long last, be- Seniors know they can count on So- up. The fact is, our Social Security came a homeowner. He had this tiny cial Security to never be a day late or cost of living calculator is insufficient house here in Washington, DC, of 963 a dollar short, and they know that and just doesn’t reflect the true cost of square feet. Now, Willie never learned checks will never come back marked living for seniors. The measurement of how to read, so he proved to be an easy with ‘‘insufficient funds.’’ determining seniors’ cost of living touch for refinancing offers as the should be indexed to, well, seniors’ cost housing bubble inflated. b 2000 of living. By May of 2005, his $108,000 loan had Many of my constituents saw their I have trouble explaining to my con- ballooned to $137,000 because he had lifelong retirement savings vanish stituents that even though their part B been courted by mortgage brokers who overnight due to the irresponsibility on premiums went up and their copay wanted to suggest that he could, in Wall Street that led into this reces- went up, and even though prescription fact, save more money.

VerDate Mar 15 2010 04:03 May 27, 2010 Jkt 089060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\K26MY7.050 H26MYPT1 rfrederick on DSKD9S0YB1PROD with HOUSE May 26, 2010 CONGRESSIONAL RECORD — HOUSE H3849 By October of 2006, after four more ing to find other ways of making up ple to live. They believed that the gov- refinancings, Mr. Howard’s loan bal- that money, don’t have the ability to ernment should provide education and ance had ballooned to $238,000. Now, go back to work. that the government should provide half of the increased debt came from And our financial service reform is health care to the citizens. After all, if $51,000 in points, fees, prepayment pen- going to make sure that that par- you don’t have health care, you’ll get alties, and negative amortization. So it ticular activity of Wall Street gam- sick. And they also believed that the really was all about the scam artists; bling away retirement savings can no government should provide jobs for in this case, a mortgage broker who longer happen because we do have the their citizens. And so that nation oper- wanted to churn. By getting him in and standards put in place. ated under that principle that the Fed- out of loans, he was able to make more Mr. Speaker, I yield back the balance eral Government should be providing money as a mortgage broker, and poor of my time. food and clothing and a place to live, Mr. Howard, who could not read, went f education, health care, and a job. from having a $108,000 loan to a $238,000 WHAT THE FEDERAL b 2015 loan. And as Mr. Howard said, the prob- GOVERNMENT SHOULD BE DOING lem with the system is that the broker Yet we watched that nation. It was a had no obligation to act on behalf of The SPEAKER pro tempore (Mr. big threat to America, and over a pe- Mr. Howard’s best interest. ADLER of New Jersey). Under the riod of time, it totally collapsed. The So what does Wall Street reform do Speaker’s announced policy of January wheels fell off of it. And the nation to help Mr. Howard and seniors across 6, 2009, the gentleman from Missouri doesn’t exist anymore. It used to be this country? Two things. It requires (Mr. AKIN) is recognized for 60 minutes called the Union of Soviet Socialist Re- that they show a net tangible benefit as the designee of the minority leader. publics. We in America in the mean- to the client consumer and that that Mr. AKIN. Mr. Speaker, I’ll be right time looked at their nation, and we client consumer has the ability to pay. with you as we get our charts adjusted said their economy is a mess. They Now, those two tests couldn’t possibly here and get started for the evening. don’t know what they are doing. The have been met for Mr. Howard by that It’s a pleasure to be able to join you Federal Government cannot afford to mortgage broker. this evening and to talk, once again, be giving all things to all people, and it So, as a result of Wall Street reform, about subjects that are on the list of is much better for the private sector to seniors and Americans across this attention for many Americans, the run the economy, for the Federal Gov- country are going to have recourse. kind of questions people are paying at- ernment to be limited and just focus on And, in this case, Mr. Howard would be tention to, things that make people the things that it can do well. in a position to have that contract re- concerned, and overall questions re- So this is sort of the source of the scinded, have his costs, his consumer garding jobs and our economy. large debate today, What is it that the costs, be they attorney’s fees or any- And if you step back a considerable Federal Government should be doing? thing else, paid for, and have the op- distance and get way outside of Wash- And of course the problem with the portunity to have that particular loan ington, D.C., one of the things that you Federal Government doing too much is reworked in 90 days or less. That’s the can see if you look over a long period pretty soon you run out of money. kind of benefit that accrues to seniors of time is that there’s a big debate as That is what we are starting to see all in the new reform. to what the Federal Government over Europe and the governments in The final area that I thought would should be doing—in fact, that is kind of Europe, but as well in our own govern- be worth us spending a little time on is the main political debate—and should ment, particularly over the last year the other rights that benefit seniors, the government be doing a whole lot of and a half. and that’s the right to know that Wall things or should it be doing a smaller, Now, we have just heard comments Street bankers will not gamble away limited number of things. from the Democrat Party talking their retirement savings. Both Mr. We have just heard over the previous about the fact that the financial and DEUTCH and Ms. KILROY had spoken 40 or 50 minutes from the Democrat economic crisis that we have experi- about the 401(k)s turning into 201(k)s. Party, and they were very excited enced was the result of Wall Street. It And as clever as that sounds, it’s tragic about all the things the government was all Wall Street’s fault. Unfortu- when it happens, and it’s happened to was doing. The government was in- nately, their memories are selective. senior Americans across the country. volved in all of these handouts to dif- The fault lies more than anywhere else I’m going to talk to you about a sen- ferent people and the different ways of here in Congress. This was a govern- ior citizen in my district. This is a real trying to show compassion, and so they ment mistake. Republican and Demo- story of a senior citizen who spent his were very interested in seeing that the crat economists saw this thing coming, entire life as a doctor providing health Federal Government was involved in a they saw it a long distance away, and care to those who did not have re- whole lot of different things. politically we did not have the will to sources. He provided health care in a There’s a different perspective on deal with it and solve the problem. county hospital setting, and he made, that, and that is that the Federal Gov- How did this all happen? Well, we you know, a good salary doing that. So ernment should be involved in a small- came up with a nifty idea a good num- he retired, had a comfortable home, er number of things and that, in fact, ber of years ago that it would be a nice had $1 million in retirement in his the government should be limited, the thing if people who were very bad in- 401(k). Federal Government should be limited. vestment risks had the opportunity to Now, he was using a financial ad- We should leave a lot of things to the buy their own home. And so what we viser, one of the slick financial advis- State government, and local govern- demanded was that banks had to make ers that we’ve heard too much of over ments also should be taking responsi- loans to people who were a poor credit the last couple of years, much like the bility. The Federal Government should risk. So we said you got to make a cer- employees at Goldman Sachs who not be the big mother giving everybody tain percentage of your loans like that. would sell a risky investment to some- whatever they want. And so this debate So the banks are going, boy, this one but, on the other hand, would short goes back and forth as to what should doesn’t seem like a very good idea. You it for their personal gain. the Federal Government be doing. are demanding that we make loans to This particular constituent had the Now, if we take a look, there are people who probably can’t pay back situation where his financial adviser some things we could learn from his- their loan. was not looking out for his best inter- tory. We do recall that there was a I don’t know how you could try to est. So, over the course of the financial very famous, well-known nation that say that that’s a compassionate thing meltdown, this constituent lost three- you’ve heard of, read of many times, to do. I don’t think a family that has a quarters, three-quarters of his 401(k). and they had the philosophy that it loan that’s too big for them to pay and Now, that’s just outrageous on so many was the job of the government to pro- that constantly is missing their mort- scores, but particularly so when you’re vide these basic necessities to their gage deadlines and eventually gets dealing with the 401(k)s of senior citi- citizens. They believed the government evicted from their house, somehow zens who don’t have the luxury of try- should provide food and a place for peo- that doesn’t impress me as a picture of

VerDate Mar 15 2010 04:03 May 27, 2010 Jkt 089060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\K26MY7.051 H26MYPT1 rfrederick on DSKD9S0YB1PROD with HOUSE H3850 CONGRESSIONAL RECORD — HOUSE May 26, 2010 compassion. But that was the desirable meantime, the gentleman who is now are going to start really getting off the thing. And so we put that into the dif- in charge of fixing some of these eco- track economically. ferent regulations and the government nomic problems was saying there is So, we then find this rather sur- mandates, and we created Freddie and nothing wrong with Freddie and prising article in The Hill newspaper Fannie, two quasi-public, but really Fannie. And Freddie and Fannie had a just April 14, 2010: ‘‘Skipping a budget private, firms which made a big busi- great lobbying team, ran around the resolution this year would be unprece- ness in home loans. They gave good Hill here in Congress giving away hun- dented.’’ Wait a minute: ‘‘Skipping a prices to people, and through the years dreds and hundreds of thousands of dol- budget resolution this year would be Americans had many of their loans put lars in PAC contributions. unprecedented.’’ In other words, we into Freddie and Fannie. But what hap- So first of all, let’s not say that it don’t have a budget? You got it right. pened was the very last year of the was Wall Street that created this eco- We don’t have a budget this year. We Clinton administration, they kicked up nomic crisis. Let’s go back to the fact don’t have a budget. Any other busi- the percentage of loans that had to be that it was ACORN, that it was loans ness has to have a budget. Do we have made to people who were bad credit that were made to people who couldn’t a budget? No. ‘‘Skipping a budget reso- risks. afford to make those loans, it was lution would be unprecedented. The So we are starting to create a bit of loans that were put into Freddie and House has never failed to pass an an- a problem because what happens when Fannie and ended up the tab now being nual budget resolution since the cur- all the bad credit risks don’t work? picked up by, you have got it, your rent budget rules were put into place in Who is going to pay? Well, the implied grandchildren and your children. So 1974.’’ payer was, you guessed it, the poor old that’s where we are. We have never not had a budget reso- taxpayer. And so we see Freddie and Now, the big question is if we are lution since 1974. So we are setting a Fannie moving along, and through a going to give all this money away to record this year. We have got no budg- series of other circumstances, particu- different people the way that we have et. No budget. First time that’s hap- larly Greenspan’s keeping the interest been doing for the last year and a half, pened since 1974, according to a Con- rates low, the liquidity high, we see how are we going to pay for it? Some- gressional Research Service report. this big bubble in real estate bubbling body once said the trouble with social- That’s the research branch that works right on up. From when I first came to ism is that sooner or later you run out for everybody in Congress. Congress in 2001, the housing prices al- of other people’s money. Well, so So we have just marched off the edge most doubled in about 5 years. And you what’ve we been doing? Well, the last of the economic world. We have decided thought, boy, was I silly not to have year and a half, boy, we’ve been doing rules don’t apply to us. We have good bought a house, because if I would have some spending. But one of the things intentions. We are going to have the bought a house it would have doubled that anybody who runs a business Federal Government be all things to all in price. And then ker-pow, the bubble knows is you got to have some kind of people. Let’s spend some money. Let’s pops. When that happens, now all of a budget. You have to have a plan as to take care of everybody we want to take this mischief that was created by where you are going so that you can care of. And, hey, about this deal about having a budget, let’s not have a budg- Freddie and Fannie making bad loans somehow balance how much money you et because, you know, somebody could starts to come due. are spending with what’s coming in. Was this something that people un- really beat you up if you had a budget. You have to have some sort of a sense I am joined by a good friend of mine, derstood? Yeah, there were people of where you are going. You don’t want Congresswoman LUMMIS. I don’t know smart enough to see it coming. In fact, to just float from month to month not if you would like to take a minute or President Bush saw Freddie and knowing what you are doing. two to make a comment. I would be de- Fannie, saw that they were in serious And so if you are going to have any lighted to have you join us. financial trouble, saw it was going to kind of decent management in a busi- Mrs. LUMMIS. I thank the Rep- be a tremendous hit on our economy ness, you need to have a budget. Now, resentative from Missouri and look for- and asked the U.S. Congress for au- some families run without a budget, ward to the opportunity to join you thority in the very smallest ways to but to some degree what they do is this evening. I am a member of the regulate Freddie and Fannie. And that they just take the money that’s com- Budget Committee. And last year we you can find documented in that great ing in, put it in the bank, and then had a lengthy budget debate in the conservative oracle The New York they can take the money out until committee, it was very robust, to dis- Times. Take a look at September 11, they run out, then they know they got cuss possible amendments to the budg- 2003. This is 5 years at least before the to stop spending until the next month. et. And even though the majority of big collapse of the economy. But there has to be some kind of a plan the Republican amendments to the He is requesting permission from of how you are going to proceed eco- budget were not passed, we did pass a Congress to regulate Freddie and nomically for any kind of a good man- budget. It was over the ‘‘no’’ votes of Fannie to take care of this problem agement. the Republicans. However it fulfilled a that the liberal Democrats created, I don’t think there is hardly anybody duty of this body to pass a budget. that is, making loans to people who that has stocks and bonds or whatever, At $3.6 trillion, it was the largest couldn’t afford to pay them. Now, they or traded on Wall Street, that doesn’t budget in the history of the United were assisted in this mischief also by have a budget. And of course the Con- States. President Obama this year pro- different ratings firms like Standard & gress needs to have a budget too. In posed a $3.8 trillion budget. At a time Poor’s, who rated these different in- fact, the Democrat whip, STENY HOYER, of recession, he proposed a budget that struments that were created with these made this statement: he said that en- was $200 billion larger than the budget loans as AAA rated, which of course is acting the budget was the most basic the year before. And the budget the a scam: they weren’t. And the idea that responsibility of governing. The most year before included some astronom- Wall Street had was that if we would basic responsibility, according to ical increases, such as a 39 percent in- take one bad loan and we put it to- STENY HOYER, was that we have a plan. crease in the budget for the Environ- gether with a thousand other bad loans Now, I agree with STENY. I do think mental Protection Agency. that we have enough diversity that all having a budget is very, very impor- Well, as you can see from a full day these bad loans will not be bad loans, tant. You have got to have that. of hearings that were held today in the which was of course a bad assumption. He was joined by Congressman House Natural Resources Committee, Anyway, you know the story. SPRATT, who is the House Budget Com- that additional 39 percent increase in The Republicans passed the bill to mittee chairman. And he was even one agency’s budget in 1 year, as now get more control of Freddie and more specific: If you can’t budget, you applied in the Gulf of Mexico to the oil Fannie. It went to the Senate. The Re- can’t govern. He said that in 2006. So spill, has not yielded the kind of effi- publicans, while they were in the ma- the Democrats, like the Republicans, ciency that we expect from govern- jority, never had 60 votes, and the bill are recognizing that you have got to ment. died over in the Senate because the have a budget. You have got to have The United States is in charge of this Democrats refused to support it. In the some kind of a plan. If you don’t, you cleanup. The President of the United

VerDate Mar 15 2010 04:51 May 27, 2010 Jkt 089060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\K26MY7.053 H26MYPT1 rfrederick on DSKD9S0YB1PROD with HOUSE May 26, 2010 CONGRESSIONAL RECORD — HOUSE H3851 States is in charge of this cleanup. And fact that we are at over $12.9 trillion in absolutely amazing items of spending. on occasion he has dispatched members debt. This is the Wall Street bailout at $700 of his Cabinet, members of the Coast Mr. AKIN. Let me just stop you for a billion. You have got the economic Guard, members of other agencies to minute here, please, because I would stimulus bill—I think it’s closer to $800 involve themselves in the cleanup. But like to try and get these numbers fig- billion, finally, which wasn’t a stim- the fact that they increased their budg- ured out a little bit. Of all of the dif- ulus bill at all; it was just paying var- et 39 percent in 1 year has not contrib- ferent complaints I heard about Presi- ious States that had exceeded their uted to the coordination efforts of Fed- dent Bush, the one that I think I heard budgets so they could keep paying gen- eral agencies in cleaning up the gulf. the most was that he was spending too erous pensions that they can’t possibly Mr. AKIN. I would like to reclaim my much money. I think the people didn’t afford to sustain. time for just a minute. I really wanted like the fact we were at war in Iraq Then you have got the appropria- to inquire of you about some of these very much, but I think particularly tions, Obama appropriations and the numbers that you just said, because I they were worried that he was spending IMF bailout, and now you have got the am not on the Budget Committee. And too much money. big health care thing. They are claim- I was kind of shocked in a way. We And so I guess his last year in was ing that’s a trillion. I think we will be haven’t not had a budget since back in 2008, and that was when the Pelosi Con- lucky to get away with it only been the 70s, and that was just since we put gress was here. And that was his worst being a trillion. this current budgeting process. And amount of deficit spending that he did, You put all of this stupendous spend- we’ve always had a budget, and yet this which was about a $470 billion deficit ing together, and the bottom line is year we don’t have a budget, and we that year in his spending. Now, that they don’t want to have a budget be- are spending money at a tremendous wasn’t good; that was about 3.1 percent cause they don’t want people to see pace. of gross domestic product, and that that we are really pushing the edges on Is the rapid rate of spending, is that was his worst spending, and he was things. part of the reason we don’t have a spending too much, and some of us I have a chart here that I think is a budget, because we are just so embar- said, yes, he was, and we didn’t vote for little bit spooky. I don’t know if you can see it from where you are standing, rassed we are spending so much? Is it some of the spending. but this is debt and deficit as a percent because by putting a budget down it He was followed by President Obama the next year, which is 2009, and the of gross domestic product. acknowledges the complete fiscal irre- What I have got here, this is deficit amount of deficit there was $1.6 tril- sponsibility that we have started down as a percent of gross domestic product. lion, that is three times more than that path? Do you think that’s what it The deficit that we have in the United Bush’s worst year. And, boy, were we is? Or is it just we can’t figure it out? States, as a percentage of GDP, is 10.3 doing some spending. Then we went Why don’t we have a budget? percent. You take a look at Greece from 3.1 percent of GDP all the way up Mrs. LUMMIS. I thank the gen- here and their percentage as a deficit to 9.9 percent GDP, and so we just tleman for the question. His question is of GDP is about 9.4 percent. Now rocked into this. I will tell you, Presi- very relevant because Republicans are Greece is about to crash the European dent Obama made George Bush look asking the same question. Our chair- Union because of their crazy financial man of the Budget Committee, JOHN like Ebenezer Scrooge. situation, their socialized medicine and Mrs. LUMMIS. Yes. Recall that SPRATT, is an honorable man, and we all. They can’t make it work. have pursued with him frequent efforts President Obama, since he took office, And so deficit as a percentage of GDP to encourage him to convene the Budg- will double the debt in 5 years, triple it is 9.4, and here we are at 10.3. That et Committee for purposes of passing a in 10 years. This is absolutely doesn’t make me feel comfortable that budget. unsustainable. we are worse off than Greece is. Then Normally, the Budget Committee When the Budget Committee met coming across on the chart, debt as a passes a budget by April 15. That’s part with Mr. Orszag, who is the director of percent of GDP, our debt is 90.9 percent of the traditional process of this House. the OMB, the Office of Management of GDP. Greece is worse at 130, but And that budget sets the ceilings or and Budget, we asked him if this budg- Greece and Italy are the only two na- the parameters by which the Appro- et was sustainable. In other words, if tions of Europe that are worse off than priations Committee will act during its there are adequate revenues being col- America is. efforts to vet the line items within the lected to pay for the budget that we So these numbers don’t give us cause budget, meaning really going through have passed. And Mr. Orszag acknowl- to be very comfortable with our eco- the budget carefully, deciding what to edged that there are not. nomic situation. I am wondering spend money on, what the priorities of We cannot do that. Yet we do it year whether that’s not the reason why the Congress are this year. after year after year. Democrats don’t want to put a budget So it is unprecedented, as Mr. AKIN Mr. AKIN. The thing that has, I in front of people, because they are pointed out, for this Congress not to think, other Americans, and myself in- going to realize somebody is going to consider a budget. And here we are at cluded, concerned about, is you keep get wise that we are just blowing the the end of May, fully 45 days into the going out into this uncharted territory lid off of any kind of economic sanity period of time during which we nor- where we are spending more and more by our excessive spending. mally have a budget for the Appropria- and more money that we don’t have, Mrs. LUMMIS. It was not 3 weeks tions Committee to work with; and, and America is banking on our good ago that the United States had a sale Mr. AKIN, we do not have a budget. And credit. We have nations like China who of the U.S. Treasuries that was under- it is becoming more and more apparent buy our Treasury bills because the Chi- subscribed, which means there were every day that the Budget Committee nese are very good at saving money, not enough purchasers of our debt for will not be convened. and they are taking their savings and that particular bond issue of U.S. buying our Treasury bills. Treasuries that day, which is to say b 2030 You wonder how long can we keep that in order to attract buyers of our I am certain that JOHN SPRATT, who spending money on all kinds of pension debt, we are going to have to pay a is the chairman of the Budget Com- and welfare programs and feel-good higher interest rate to the people who mittee, finds this painful. But I am programs and reward-people-for-not- are willing to lend us the money, which also of the impression that the leader- working programs and food stamp pro- is to say that our interest rate pay- ship within his party has encouraged grams, and all kinds of other things ments are going to go up, which means him not to convene the Budget Com- that may be nice? How long can we a larger portion of the annual Federal mittee out of concern that passing a continue to borrow other people’s budget will have to go towards paying $3.8 trillion budget, the budget as pro- money to do that before it comes time the interest on our national debt, posed by the President, would set a to pay the fiddler? which is to say that it is a potential tone for this election year that Demo- When we do, what is that going to trigger for inflation. crats don’t want to face up to. They look like? That is kind of a scary Inflation is a job killer. We have don’t seem to want to face up to the thing. This is a chart of some of these asked the Japanese, who had a period

VerDate Mar 15 2010 04:03 May 27, 2010 Jkt 089060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\K26MY7.054 H26MYPT1 rfrederick on DSKD9S0YB1PROD with HOUSE H3852 CONGRESSIONAL RECORD — HOUSE May 26, 2010 of time in the 1990s called the forgotten wonders of Social Security and their their businesses—they closed them decade, how we can avoid, in the Medicare and Medicaid programs, the down. The businesses closed, and all United States, having a forgotten dec- three major entitlements, all of which the employees were laid off. ade? They have told us, don’t raise a Democratic economist, a Republican Mrs. LUMMIS. One of the great iro- taxes during a recession. economist, all agree that they are on a nies of being a freshman in Congress is So we are in a conundrum. If we raise train-wreck path in a fairly short pe- you see who people quote. It is so iron- taxes, we will increase the length of riod of time. Because these entitle- ic that we Republicans, as Mr. AKIN the recession, potentially. If we don’t ments are just like starting a robot, and I are, frequently quote JFK. JFK raise taxes, the deficit will grow, po- some machine that gets going. You cre- never disavowed American exception- tentially leaving us, in my opinion, ate the law, the law gives out money to alism. with one good choice. The good choice people, and it just runs. If you don’t b 2045 is to cut spending. How does this Con- touch it, it just keeps giving out gress cut spending? This Congress has money. He acknowledged American excep- never cut spending. And the trouble is, it’s giving out tionalism and he harnessed American I am delighted to be a Member of more money than we have. What’s exceptionalism. And it is fascinating Congress at a time of economic turmoil going to happen is you are not going to that we find ourselves frequently re- because I come from the State of Wyo- have anything to spend any money on turning to his speeches, as Repub- ming. for Defense or any other program be- licans, to review the importance of Wyoming is a State where we have cause Medicare, Medicaid, Social Secu- American exceptionalism in stimu- had boom and bust cycles because of rity, will eat the entire budget up. lating the economy and growing the our dependence on the economies of What you are saying is correct. We economy and acknowledging what Ron- oil, gas, and coal. As commodities go, need some of that common sense that ald Reagan acknowledged, that we are the State of Wyoming goes. When I was says, wait a minute, we just can’t keep a shining city on a hill and that we are a Wyoming legislator, I experienced running more and more and more gov- to be emulated, but only to be emu- both a boom and a bust cycle, and what ernment giveaways. lated when we deserve to be emulated. we had to do was reduce spending. It gets back to the question, do we And it is at this time in our coun- Recently, the Wyoming Legislature really want to follow the model of the try’s history when we need to review reduced spending to the tune of over 10 Soviet Union down the primrose path those great leaders and our great Con- percent. In Wyoming, it is customary into just economic collapse, because we stitution and the Declaration of Inde- to adjust to these types of belt-tight- know it didn’t work. It’s not working pendence and our founding principles ening, and expenditures during times of well for Europe, and we know what the in a manner which provides the road- largesse. models are that make for a prosperous map to our future. And, indeed, it does. So when we have money, we have in- and healthy and good economy. When we return to our Constitution vested in the University of Wyoming, And it’s what you are saying; one of and our Declaration of Independence, invested in the bricks and mortar of the main things you have to do is to we are reminded that we were endowed our K–12 system, invested in our tech- cut taxes. The interesting thing is that by our Creator with certain inalienable nology, in our economy. Yet, when we the Democrat, JFK, figured that out. rights, not by our government, by our have to tighten our belts, we do it He cut taxes because we were in a re- Creator, and that we chose and con- across the board. You know, it’s not cession. He cut taxes and found out a sented to be governed and that we the best way to budget. We in Wyoming very fascinating thing: That the reces- chose and consented to be governed acknowledge it’s not the best way to sion stopped, the economy got strong- pursuant to a Constitution that pro- budget. er, and he actually collected more tax vided limited obligations to the Fed- But I do believe that if we could cut revenues with a lower tax rate. It eral Government and reserved the re- spending across the board, domestic seems like it’s like making water run mainder of the rights to the States and spending, that is, we would have an op- uphill, but it’s not. to the people. If we in Congress would portunity to reduce those expenditures. What happens is you have more eco- vet bills pursuant to that model, we But I would also acknowledge that nomic activity. Because of that there would return to that shining city on a without addressing the entitlement sit- are more taxes that are generated be- hill and we could turn over to our chil- uation we can never get a handle on cause there are more transactions and, dren and grandchildren the Nation that our budget concerns. therefore, the government actually we inherited from our parents. That is why I commend, to the atten- raises more money by cutting taxes. It is stunning—and Mr. AKIN has seen tion of everyone within earshot, a plan JFK figured it out. Ronald Reagan did these numbers—that people in America that was developed by PAUL RYAN, the the same thing, and it worked like a today, when you ask them, Do you ranking Republican member of the champ for him, and George Bush did have a higher standard of living than Budget Committee. It can be reviewed the same thing. He did some serious your parents, acknowledge that indeed at www.americanroadmap.org. It pro- tax cuts and moved us from recession we do. And then you ask those same vides the path, the glide path, towards to recovery. baby boomers, Do you believe your our economic recovery without raising Because he understood this basic children will enjoy a higher standard of taxes. It takes a long time, it’s not principle: There are certain things that living than we do? They say no. without pain. There are, as PAUL al- are job killers, and one of the worst They’re concerned. They see a path, a ways likes to say, sharp knives in the ones is excessive taxation. Why is that pattern, a culture of dependency form- drawer. true? Well, because, the people who ing. But, nevertheless, it does it in a re- make jobs are businesses, and the busi- But I’m convinced that this year sponsible fashion, without raising ness people have to have some of their being another election year and an- taxes, and addresses, long term, the own money to plow back into the busi- other opportunity for government of consequences of overspending and of ness to put a new wing on a building, to the people to rise up, to take control, our potential of becoming a European- buy a new machine tool, to start a new and to consent to being governed in the style social democracy and a culture of process, and to get a new plant going way they wish to be governed, that we dependency. somewhere. will see an opportunity next year to re- Mr. AKIN. Well, I very much appre- They have to have some money. If turn to government of the people and ciate the expertise that you bring from you tax it all away from them, then to our founding principles. Wyoming. The idea of cutting spending they are not going to have money and Now, Mr. AKIN and I both know that here, that’s got to be the closest thing they can’t make jobs. FDR found that that will all be for naught unless those to a swear word you can say in Wash- out the very hard way. They kept driv- who are in a position to govern next ington, D.C., the idea of cutting spend- ing and driving and driving the tax- year take seriously the messages of the ing. ation of business owners. Instead of people of this country. And I can as- Yet I just heard less than an hour ago just creating, business owners that sure you, based on what I have heard as the Democrats just raving about the were hiding and hunkered down inside a freshman Member of Congress, that

VerDate Mar 15 2010 04:51 May 27, 2010 Jkt 089060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\K26MY7.055 H26MYPT1 rfrederick on DSKD9S0YB1PROD with HOUSE May 26, 2010 CONGRESSIONAL RECORD — HOUSE H3853 we will indeed take seriously the mes- ate employment. Well, that’s one way having employees. There’s a huge in- sages of the people in this country and to do it; go hire everybody. What’s the centive we’ve created to get rid of any that we will restore for the American trouble with this theory? Well, every excessive employees on your budget be- people our first principles and that we time you hire somebody in the govern- cause you’re going to get taxed heavily are going to be able to be a strong, vi- ment, you lose two jobs in the private for socialized medicine. brant country and proud to hand the sector. So now after we’ve passed this And then, of course, the old standby. reins to our children and grand- wonderful stimulus bill—which we were If you can’t get them with too much children. told if we didn’t pass it, unemployment taxes, no liquidity, and uncertainty, I yield back. might get to 8 percent. We’re now close then you hit them with red tape and Mr. AKIN. Well, I very much appre- to 10 percent unemployment, and we government mandates. ciate the little history lesson and also continue to do the very things which You put this together, and you’ve got the shot of inspiration that you have kill jobs, particularly worst of which is a great formula to destroy jobs in shared with us, the idea of the shining taxation. America, and we have been doing this city on a hill. But this is an alarming trend as well, in a massive kind of way. I think that there are a lot of people government employment going up. And Here’s kind of a list of some of the that can be quoted. I’m thinking of I think a recent study just indicated Obama plan taxes: Cap-and-tax. That’s that tax on en- good old Alexis de Tocqueville, a that the average government employee ergy. Do you remember how the Presi- Frenchman who traveled around Amer- makes twice as much money as the av- dent said, I’m not going to tax anybody ica, took a look at our system and said erage civilian employee in America. who makes less than $250,000? And then he looked for the secret of America’s That is not a good trend, because pret- he comes up with this deal, that you greatness. And he had a great quote ty soon everybody is going to be work- get taxed when you flip your light along those lines, but one of the things ing for the government—that’s not switch. I don’t know how in the world he said was: You have a weakness in very hard to break that equation—and you can keep those two things sepa- America, and that is, if the public real- then who’s going to be paying? rate, that you’re going to only tax peo- izes that they can vote themselves lar- I see my good friend, Congressman ple making $250,000, and then nail them gesse out of the public treasury, you’re GOHMERT from Texas, coming to bring with a tax when you flip your light really going to be in trouble. us a little bit of Texas wisdom, per- There’s another name for that. It’s switch. haps. Did you want to make a comment? I called socialism; the idea that voters LOU, would you join us, please. would be happy if you want to jump in, can demand the Federal Government to Mr. GOHMERT. Thank you for yield- Congresswoman. keep giving them more and more stuff. ing. Mrs. LUMMIS. Thank you, Mr. AKIN. The problem with that system is that Actually, I was going to bring a bit of Would you be so kind as to pull the eventually you run out of other peo- John Adams’ wisdom because, to follow chart up that you have behind you, the ple’s money. That was one of the great up on my colleague’s wonderful quotes one that displays what has happened to weaknesses that Alexis de Tocqueville and references to history, John Adams, private sector employment versus pub- saw with our system, that because we toward the end of his life, said: The lic sector employment? are a self-governing people, because longer I’ve lived, the more I’ve come to As you can see from the chart, pri- people have the right to vote, they can understand that one worthless man is a vate sector employment is an upside also make irresponsible votes and they shame, two is a law firm, and three is down U, in that in the year since the can perpetuate a socialistic system. a Congress. majority party has switched hands and A lot of Americans don’t really know I yield back. Democratic control of Congress has what socialism means anymore. They Mr. AKIN. Hey, let’s do that one been in place, we have seen private sec- don’t understand that the concept of again. One worthless man is a shame, tor employment decline dramatically. American law was that people are all two is a law firm, and three is a Con- At the same time, we have seen public equal before the law, that Lady Justice gress. Congress was smaller in those sector employment increase to the is not supposed to give a special deal to days, I suppose. tune of about 188,000 public sector a rich person or a poor person or any- Well, thank you for that bit of Texas workers increase. At the same time, body else, that people are all equal be- wisdom. we’ve lost about 12 million private sec- fore the law. Here’s another chart that runs along tor employees. The Pilgrims experimented with so- with it. This is private sector employ- Now, I have a bill that I believe will cialism. It was demanded of them by ment, government employment. You begin to address this serious problem the agreement that they made with the can see what’s happened here. We’re that we see with regard to employ- loan sharks of London that financed doing some employment, all right. It’s ment. It is the Workforce Reduction the expedition to send the Pilgrims to the government that’s doing the em- Act, but it does it without firing any- America. So it was forced on them and ployment. But you take a look at the one. It does it through attrition. The they agreed to it, to have everybody blue line—this is the private sector em- bill provides that for every employee take all of their corn that they grew ployment—you see jobs going down who vacates a position due to retire- and everything they produced over at like a submarine. And that isn’t just a ment or moving on, that that position the new colony in Plymouth and divide statistic, that isn’t just a fact, that is would be moved into a position pool. In it equally and then send the shares suffering—suffering in our economy, fact, for every 100 retirements that oc- back to London. suffering with lots of people who don’t curs in the Federal Government, 50 po- Well, that lasted less than about a have jobs, a lot of younger people mov- sitions would be moved into a position year or so. And Governor Bradford saw ing back with their parents. The house pool, the other 50 positions, vacant, everybody starving to death, and they is full of people because we’re having would be eliminated. And then agencies pitched socialism, and he wrote in trouble with not having the jobs. would need to apply for reinstatement ‘‘The History of Plymouth Planta- Now, what kills the jobs? of a position based on necessity. tion,’’ he said: As though men were Well, first of all, excessive taxation Those agencies who critically need wiser than God. And he said: This is an is a big deal. Insufficient liquidity is employees, such as possibly the Min- experiment that’s been tried among another problem. Our banking regu- erals Management Service, in its en- godly, hardworking people, and every- lators are so tough that it makes it forcement functions in the Gulf of body can take a look at our example very, very hard for businesses to get Mexico, would be likely recipients of and see that this isn’t going to work. loans. A third big job killer is eco- employees in order to meet the obliga- So the Pilgrims understood it. Unfor- nomic uncertainty. Boy, oh, boy, do we tions of the Federal Government to tunately, our Congress today doesn’t have some of that. Who knows what protect our borders with regard to the seem to understand it, and that’s why we’re going to do next. encroachment of oil that is seeping you see these kinds of things. We just passed this socialized medi- into the Gulf of Mexico. For other posi- Here’s the Federal Government em- cine bill, and everybody who has em- tions which are less mission-critical, ployment numbers. We’re trying to cre- ployees is going to get whacked for those agencies would downsize.

VerDate Mar 15 2010 04:51 May 27, 2010 Jkt 089060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\K26MY7.057 H26MYPT1 rfrederick on DSKD9S0YB1PROD with HOUSE H3854 CONGRESSIONAL RECORD — HOUSE May 26, 2010 Now, this is not going to be dramati- b 2100 years, 1998 and 1999, during which the cally harmful to Federal agencies be- Well, how do you guard against im- Clinton administration had employees cause, as I said, since the Obama ad- proprieties? who pulled the price control adjust- ministration took office, 188,000 new The director said, Well, we had a sys- ment language out of the offshore Federal employees have been added, tem that fixed that. We had two off- leases. Originally, I was thinking it and this excludes people that were shore inspectors who would go out at cost millions. It cost hundreds of mil- hired pursuant to the decennial census. the same time to an offshore rig. That lions, and now there are billions of dol- Consequently, we know that somehow way, they could kind of watch over lars that have gone to Big Oil that we survived without these employees each other’s shoulders and make sure should have gone into the Federal prior to President Obama taking office. they were doing the right thing. Treasury. Mr. AKIN. Reclaiming my time, all So my question was then, Would it When we had a hearing a couple of of these things are really indicators have been a good idea that the last in- years ago about that, I asked the In- that we’ve got a Federal Government spectors that you sent out—a union spector General—and this was a Clin- that is out of control. We’re hiring too team that went out to the Deepwater ton—— many Federal employees, spending too Horizon rig, who were ordered to watch Mr. AKIN. Appointee. much money. We don’t even have a each other and to carefully make sure Mr. GOHMERT. Appointee. Origi- budget for the first time since the sev- that they did their jobs—were a father nally, he was the Inspector General. He enties. This is not a good picture. and son union team? is now in another capacity. Congressman GOHMERT. She was not able to comment because I asked him, Did you not interview Mr. GOHMERT. Well, I appreciate that was under investigation. these two people who had the most you yielding, and I appreciate the gen- Folks, we’ve unionized people, which knowledge about why that language tlelady mentioning the Minerals Man- means there are going to be restric- was pulled out? agement Service. I know she was tions on how much travel they can do He said, Well, they left the govern- present for hearings today that the Di- and on how many hours they can ment. They’re not with the govern- rector of the MMS was testifying. We spend, and that’s normally part of the ment, so I can’t do anything about it. had the Secretary of the Interior for a union contract. There are some areas He could call them. He could see if while testifying and his Deputy Sec- in the country where we need unions to they wanted to talk. He didn’t even retary testifying. We had a Coast make sure that things are done fairly; bother to do that. Guard admiral testifying. But I’ll tell but we’re talking about the govern- So, after the President’s comment you what, after hearing the testimony ment, our United States Government about the coziness, I had to go back about MMS, I’m very concerned that that is supposed to protect us. I mean, and check. Whatever happened to those adding more jobs there is just creating these guys out there are protecting our two people the Inspector General more problems. There is so much mis- lands, our livelihoods. It’s almost like management, so much impropriety, it couldn’t talk to? the military. They’re on a mission. Well, one of them, when she left the sounds like, that that would be a disas- Can you imagine if the military were Clinton administration, went to work trous mistake to add to the MMS. unionized and if they said, We’ll only for a company called British Petro- But let me point out, as the Director work so many hours a day, and we’re of the MMS testified, they have de- leum. Perhaps you’ve heard of them. going to restrict the amount of travel She had three major officer/director cided that the MMS would be better we’re going to be able to do. What kind nonexistent, so now they’re dividing it positions with British Petroleum, but of union contract would you get for the as of June of last year, Secretary into three different groups. And you military? The offshore inspectors and talk about Texas, back home, if you Salazar and this administration hired the MMS are supposed to be protecting her to come to work for the Minerals have a pond that has become stagnant us and our country. and it has begun to stink and become Management folks, so she is now—— I yield back. Mr. AKIN. So, when we’re talking rancid, it doesn’t matter how many Mr. AKIN. I’d just like to jump in if about a cozy relationship here, it’s ways you divide that pond, it still I could, gentleman. stinks. And they’re not going to ad- I’m detecting a certain level of skep- very cozy. dress the management problems. ticism on your part whether or not this Mr. GOHMERT. It’s very cozy. Mr. AKIN. So Obama’s person in They’re not going to address the fact government agency was really very ef- that—and get this, the only entity fective in protecting us and in pre- charge, Salazar, who is in charge of within the Minerals Management Serv- venting a massive environmental mess. this thing, basically hired somebody ice that is unionized—and if we were I guess the question I have is—you’re out to basically do this oversight? out somewhere else I might expect a suggesting that maybe a government Mr. GOHMERT. Who had been work- drumroll—but it is the offshore inspec- agency isn’t that reliable. Yet we just ing for 9 years for British Petroleum— tors, the only entity within MMS trusted the government with all of that’s correct—in high capacities. So that’s unionized. America’s health care. Does that make it’s interesting to hear about that cozy And we come to find out that as crit- you feel comfortable now that you see relationship. ical as those offshore inspectors were how the government is working in the Mr. AKIN. What was her name, gen- to protecting our country, to pro- MMS area? tleman? tecting our environment, to protecting Mr. GOHMERT. Actually, I’m not Mr. GOHMERT. Her name is Sylvia all of those thousands and thousands just skeptical of the MMS. I’m telling Baca, B-A-C-A. and thousands of livings that were you it’s a disaster. It was a disaster It was interesting, though, to learn— gained off of the coast area, the protec- with MMS, and it was a disaster that and I didn’t really realize this—but no- tion was an appropriate offshore in- their performance was allowed to hap- body with the Minerals Management spector. And yet when I asked the Di- pen. Service goes through a confirmation rector of MMS was there a good way to We’re going to find out there is some- process in the Senate. This is com- have a check or balance so that some- body responsible—maybe one, maybe pletely an extension of the White body ensured the offshore inspector many—at British Petroleum, but we House. Whatever the administration is, was adequately doing their job and know for sure—and it came up in the the Minerals Management Service is making sure that when they finally hearing today as well—that the Presi- part of the administration. The Con- bothered to go out and watch a blowout dent had previously mentioned that he gress has no authority to confirm, to preventer be tested that somebody wanted to end the coziness between in- say ‘‘yes’’ or ‘‘no’’ to somebody who is made sure they were really doing their spectors, or people with the govern- appointed. This is an extension of the job because, as I’m sure you all know, ment, who were supposed to manage President’s own hand, his running the there’s an investigation currently the oil companies and make sure they Minerals Management Service; and we going on about some of the gifts and were doing the right things, the Big Oil have absolutely got to clean house. The perks and things that were provided by companies. trouble is it’s not our house. It’s the peopl being inspected to those doing So that inspired some double-check- President’s house and that of the Min- the inspection. ing. We had hearings before about the 2 erals Management Service.

VerDate Mar 15 2010 04:03 May 27, 2010 Jkt 089060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\K26MY7.058 H26MYPT1 rfrederick on DSKD9S0YB1PROD with HOUSE May 26, 2010 CONGRESSIONAL RECORD — HOUSE H3855 Mr. AKIN. As to my understanding, I yield back. It is a concept that was brought to doesn’t the law require that the Presi- Mr. AKIN. I thank you, lady. me by leaders in the south Florida dent in a major environmental disaster We’ve been talking about a broad Jewish community 5 years ago when I like this—I’ve been told that the Fed- range of different topics today; but in was first elected to serve in this body. eral law requires that the President general, it is the condition of our econ- It was an idea born of the concern that, take charge of the situation. omy. although there have been 355 years of Has he been down there basically The thing I would like to be sure that Jewish life in America, there is still a running it and calling the shots? we don’t do is to leave with the impres- tremendous lack of understanding Mr. GOHMERT. I understand he has sion that there aren’t solutions to about Jewish culture in that Jews are been there, but as some of our friends these problems, but the solutions in- both a religion and a heritage in terms from Louisiana have pointed out—and clude, one, we’re going to have to back of our traditions and our community. Governor Jindal has been fighting the off our just giving away money to ev- Because we are less than 2 percent of President through the MMS and erybody. We’re going to have to reduce the population in America, most people through his responders—they gave full Federal spending. What we’re going to in America have either never met a authority to British Petroleum to have to also do is to use the power of Jewish person or have rarely, if ever, make all the calls. So the Louisiana reducing taxes to increase government interacted with a Jewish person, so our folks, the people along the gulf, who revenues. So we have to reduce taxes in traditions are often a foreign concept. are wanting to mitigate and who are order to get the economy back and It was felt by the leaders in my Jew- trying to get protection and protect going and to start creating jobs. ish community that, in having a month themselves, had to get permission from Now, if we want to continue the for- dedicated to cultural and educational British Petroleum, which was not giv- mula of destroying jobs the way we programming, particularly in non-Jew- ing it. have been, what’s going to happen is ish communities, it would raise aware- We heard in the hearing today that that it’s going to be harder and harder ness, foster understanding and deal there were people in Louisiana, along to get the economy back on track, but with some of the concerns over the fact the gulf, who wanted to build barriers there is a solution. It’s not com- that, of the bias incidents that have to this oil coming in. Yet all we heard plicated. It involves doing tax cuts se- been documented by the FBI and by from the administration’s representa- lectively to allow those small busi- the Anti-Defamation League, literally tives was, Well, we’re still discussing nesses to start creating jobs again, and 65 percent of those bias incidents in re- those to see—we’re worried that could we have to get off their backs with reg- cent years have been anti-Jewish bias. end up creating more problems than it ulations and red tape. We have to in- If we can use Jewish American Herit- solves because when they build the lit- crease their ability to get liquidity, age Month, now in its 5th year, to fos- tle barriers to the oil coming into but we also have to stop taxing and those marshes, it might actually pull ter understanding and tolerance, then taxing and taxing. All of the talk about more oil in. hopefully we can reduce anti-Semitism They’re discussing it. The oil is in concern about jobs is just a bunch of and bigotry in this country. the marshes. It’s killing animals and lip service because every one of these As we are well aware, the foundation killing wildlife right now, and we heard things is a job killer: of our country is built upon the today in the hearing that they’re just Cap-and-Tax. They’re going to tax strengths of our unique cultures and discussing it, and they’re trying to fig- energy. backgrounds. Yet, while our diversity ure out if they may do more good than Health care taxes, a massive effect of is America’s strength, ignorance and harm or if they may do more harm destroying jobs. There are all kinds of intolerance about the culture and than good. It’s outrageous what’s going businesses now that are asking, How about the traditions and accomplish- on. can I get my employees under 50 so I ments of the Jewish people are, unfor- The President does need to take don’t have to get involved in this? tunately, still really prevalent. charge. It is a disaster of massive pro- The death tax. Taxes on inheritances. Again, Jews make up only 2 percent portion. British Petroleum is at the This is another thing that is going to of our Nation’s population, and as a re- helm, but the White House should not tie up money that could be invested in sult, we need to make sure that people have given them the authority to just business and that could create jobs. in America understand that there have make all the calls. It’s unbelievable The capital gains tax. This is one of been so many different things and that the disaster that occurred and now the the big things that helped create jobs so much of American history has been disaster that is being created by the before. This is going to expire next touched by a significant contribution failure to respond. year. So there are solutions to these of American Jews. I asked the admiral in charge of the problems, but the solutions require Tonight, my colleagues who are join- Coast Guard, you know, How many some grown-up leadership in Wash- ing me on the floor to acknowledge and ships have you moved into the area in ington, D.C. to mark the 5th annual Jewish Amer- the last 37 days? They’ve moved four Mr. Speaker, I thank you for your in- ican Heritage Month are going to talk major boats into the area. That’s it. dulgence this evening. I yield back. about some of the impacts that the That’s it. We could have moved the f Jewish community has had throughout Navy. We could have had all kinds of JEWISH AMERICAN HERITAGE American history. response. The President has all kinds MONTH It is my privilege to yield to my of resources, and he is just basically friend, the gentleman from Colorado, letting all this happen. The SPEAKER pro tempore. Under JARED POLIS. the Speaker’s announced policy of Jan- Now, British Petroleum needs to be b 2115 made to pay, and it shouldn’t be lim- uary 6, 2009, the gentlewoman from ited to $75 million—absolutely not—but Florida (Ms. WASSERMAN SCHULTZ) is Mr. POLIS. I thank the gentlelady we’ve got to have a better response. recognized for 60 minutes. from Florida. People are losing their livelihoods. Ms. WASSERMAN SCHULTZ. Thank I am here tonight to talk about the They’ve already lost their lives. It has you, Mr. Speaker. Jewish history in the West and in Colo- got to come to an end. Mr. Speaker, I rise this evening to rado. Colorado was still an untamed I yield to my friend. proudly commemorate the fifth annual wilderness when gold was discovered Mrs. LUMMIS. Will the gentleman Jewish American Heritage Month, near Pike’s Peak in 1858. The 59ers, for- yield? which takes place in communities tune hunters from across the country, Mr. AKIN. I do yield, lady. across the country each May. came to our State, growing the popu- Mrs. LUMMIS. It is the power of the Jewish American Heritage Month lation and building a diverse economy. purse that this Congress holds that al- promotes awareness of the contribu- Jews, too, were part of that quest. lows us to gain control of situations tions American Jews have made to the Over the millennia, our Jewish peo- like this, and that is why this discus- fabric of American life—from tech- ple have suffered many exiles, often sion is so important. I thank the gen- nology and literature, to entertain- wandering and migrating from one tleman from Missouri for including us. ment, politics and to medicine. country to another, frequently meeting

VerDate Mar 15 2010 04:03 May 27, 2010 Jkt 089060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\K26MY7.059 H26MYPT1 rfrederick on DSKD9S0YB1PROD with HOUSE H3856 CONGRESSIONAL RECORD — HOUSE May 26, 2010 with hostility and hardship. It was in ples that most people would not have Florida and someone who has spent that spirit that Jews immigrated to been familiar with. I would bet that many, many years as a leader in the the American West, where we estab- Coloradans are not familiar with that organized Jewish community, Con- lished viable communities and main- history. So thank you very much for gressman RON KLEIN from the great tained the Jewish heritage, despite coming down and sharing that with us State of Florida. great obstacles. this evening. Mr. KLEIN of Florida. I thank the The unpredictability of gold mining Mr. Speaker, I want to share a story gentlelady, and I thank the gentlelady and a growing demand for supplies en- that was an experience that I lived for bringing this forward as an impor- couraged many of the Jewish 59ers to through. For me as a young Jewish tant part of our American fabric, as establish small business in new towns woman growing up in a predominantly she talked about Jewish American Her- and mining camps throughout Colo- Jewish community in New York, on itage Month as just one of many that rado. Over the next two decades, Jews Long Island, growing up, and then make up the fabric of the United settled in Leadville, Cripple Creek, moving to south Florida and spending States, the people of the United States; Aspen, Trinidad, Colorado Springs, my adult life in a significant, large the fact in many ways we are an immi- Pueblo, Central City, and Denver. Jewish community, one would think grant population, but we are very di- One of the first Jewish pioneers was that I had spent most of my life with- verse, both in religion, background, Fred Zadek Salomon, who arrived in out experiencing anti-Semitism, and I ethnicity, and it is a way of celebration Auraria in June of 1859. He founded and have not experienced much in the way that we are celebrating Jewish Amer- became manager of the first general of overt anti-Semitism. ican Heritage Month, and we will have mercantile company in Colorado. The But I want to share a story with my the opportunity to do that tomorrow two were later joined by a third broth- colleagues from when I was in college and for weeks to come. er, Adolph Salomon, who became the at the University of Florida. I was Being from Cleveland originally, first Jewish elected official in Colorado standing in the hallway of my dorm Cleveland, Ohio, I grew up in a family as a trustee of Greeley, Colorado. the first week of school and talking to that had roots. My family came to the Another one of our famous early Jew- another young woman who I had just United States in the twenties from Eu- ish Coloradans was Frances Wisebart met, and she saw my last name on the rope, from a persecuted background in Jacobs, who was born in 1843 and died door, because there are signs on the countries where they weren’t welcome in 1892. She was born in Kentucky to doors with your names on them at the as Jews. Of course, we know the his- Bavarian immigrants, but she moved beginning of each semester in most col- tory of what happened during the Holo- to Denver when she was young. She lege dorms. caust. helped organize and was president of Somehow the subject of religion But they came to the United States the Hebrew Ladies’ Benevolent Soci- came up. I shared with her that I was and did what most immigrant families ety, and she joined with the city’s Con- Jewish, and her response, she was from did: They congregated among them- gregationalist ministers and Catholic a tiny town in north Florida, and it selves initially, went to small towns, Archdiocese to create a multifaith was evident after her comments that figured it was important to get an edu- charity organization. she had never met a Jewish person be- cation, started little businesses and She also left her mark on tuber- fore, because she said to me, ‘‘You’re things like that. culosis relief, which Denver later be- Jewish? I have seen pictures, but I have My dad had a variety store, which is, came known for, as one of the first peo- never seen a real one.’’ for those of you who remember what ple to conceive of a free hospital for You know, growing up on Long Is- that is, sort of like a Woolworth’s, but the medically indigent tuberculosis land, and that being my first exposure a small, independent store started by victims, for which Denver later became to someone who had not met a Jewish my grandfather during the Great De- known. person, I had heard that there were pression, and then it was a family busi- Frances Jacobs is memorialized as people in America who thought that ness all the way through. My dad one of 16 Colorado pioneers and the Jews had horns, and we were somehow taught me all about what it was to be only woman and the only Jew in a not human. But, fortunately, I realized part of that American fabric. stained glass window in the Colorado at the time that that was simply a re- Being Jewish was unique where I state capital rotunda. In 1994, she was flection of the fact that she had not came from, but not totally unique. inducted into the National Women’s had experience with Jews or the Jewish There was a Jewish community in Hall of Fame, and in 2000 she was community. And as we got to know Cleveland. I eventually, with my wife, awarded the Denver Mayor’s Millen- each other, we lived on the hall to- moved to Florida. Obviously, in Florida nium Award. gether all throughout our freshman there was a larger Jewish community From its humble beginnings, the Col- year, we got to be very good friends, where I moved to. But it was only one orado Jewish population has grown; in and she realized that I was human and generation before that that in that our generation, with immigrants from that I didn’t have horns. same community where I grew up, the east coast, as my parents from But it is really important, and that there were restrictions on where people Brooklyn and Peekskill, New York, story and that experience helped me could live. There were restrictions in moved to Colorado in the 1970s, along understand why we had a need for Jew- deeds where you could purchase a home with many of their fellow Jews, and ish American Heritage Month, just like or a condominium, and they didn’t more recently immigrants from Cali- the experience of Black History Month allow various minorities, not just fornia, Jews finding a new home in my and the years and years of success of Jews, but African Americans and var- hometown of Boulder, which when I that cultural celebration that we have ious others, to go into those commu- was young and growing up, had one in February, and Asian Pacific Islander nities and buy properties. It was only synagogue. It now has six synagogues. Month, and Hispanic Heritage Month. one generation before I moved there. The town of Denver, with a longer It is important that we celebrate the So it is really sort of in our own life- and more established Jewish commu- diversity in this country and that all time that all these things have nity, also continues to thrive with the Americans learn about the success and changed. Of course, we know as Ameri- Jewish cultural and religious life contributions that all different cul- cans there is still more work to be done across the region. tures have weaved together to make with various forms of discrimination. I rise to proudly recognize the role of America the strong, vibrant Nation But I do want to mention a couple of Jews in the development of Colorado that we are today. names and sort of have some fun to- and the Rocky Mountain West. Again, I am really pleased to be night. First of all, the first Jewish Ms. WASSERMAN SCHULTZ. Thank joined by my colleagues who are here Member of Congress was from Florida. you so much, Mr. POLIS. Your com- with me on the floor tonight. In 1841, David Levy Yulee became the ments are such a perfect example of With that, I yield to my good friend first Jew to serve in Congress. It was the unique contributions that Amer- and next door neighbor, a gentleman obviously even before the Civil War. He ican Jews have made in our history, who has been doing a fantastic job rep- eventually went on to serve in the and you specifically highlighted exam- resenting his constituents in south United States Senate. Then it was a

VerDate Mar 15 2010 04:51 May 27, 2010 Jkt 089060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\K26MY7.061 H26MYPT1 rfrederick on DSKD9S0YB1PROD with HOUSE May 26, 2010 CONGRESSIONAL RECORD — HOUSE H3857 long, long time after that before an- I wanted to follow Mr. POLIS and just recognize Jewish Americans as leaders other Jewish resident from the State of talk about the Rocky Mountain West, in every facet of America’s life, from Florida came back to represent the which really did receive Jewish immi- athletics, entertainment, the arts and community in Congress. grants with open arms. Sometimes academia, to business, government, But I am going to mention a few en- there was discrimination, but generally and our Armed Forces. tertainment people, because I think it was open arms. In New Mexico, Colo- b 2130 those are some of the fun people. Many rado, Wyoming, ranching, farming, of you remember Sandy Koufax. Now, mining, construction, you name it, the Florida’s 19th District is home to the this is not entertainment, this is Jewish community was involved in it. largest, one of the largest Jewish sports, but one of the great, truly great Merchants, oil and gas, the Manhattan American populations in this country. pitchers of all time, Los Angeles Dodg- Project down in Los Alamos in New I’m privileged to represent many ers. I think many of you remember Mexico. first generation Americans whose par- him. So, my family, a great-great-great ents arrived on our shores seeking a He refused to pitch on Yom Kippur, uncle immigrated from the Ukraine in better life. Many of these Jewish Amer- which is the most significant holiday the late 1800s, was part of a mining icans are members of the Greatest Gen- of the year for the Jewish community. commune above a little town called eration. They stepped up to serve in It was the World Series. He made a Center, Colorado, remained in that World War II and rebuilt this Nation conscious choice and sort of sent rever- mining commune for about 3 years, re- after the Great Depression. In fact, berations throughout the sports com- alized he didn’t like being at about over half a million Jewish Americans munity. How could he make this deci- 11,000 feet in the mountains of Colo- fought for the United States in World sion? But he became a folk hero for rado, moved to the Denver area, where War II, and 11,000 of them perished many people to say he stood up for he had a small store, and that uncle fighting for our country. himself. He stood up for his religion, he then attracted the others who immi- For those who arrived in Europe as stood up for his family, and although grated from the Ukraine. So the young- the Holocaust raged on, this war be- he wasn’t a religious man, he did some- est brother came first, then the next came very personal. As a quote from a thing that was quite unique at that brother, the next brother, and the next Jewish Air Force officer reads, As a time. brother. My grandfather was the old- Jew, it was Hitler and me. That is the Steven Spielberg. How many of you est. He was the last to arrive from the way I picture the war. While the contributions of Jewish know Steven Spielberg and the touch old country. he has had on all of our lives, with the But the Denver area in Colorado real- American soldiers during World War II movies and so many important cul- ly did allow people a chance to really cannot be understated, the truth is tural things that he has been a contrib- show what they were made of, and the that Jewish American soldiers have utor to? He obviously for many rea- Jewish community in Colorado, in the been fighting for this country since the sons, not only as a great film director Denver area, has flourished over the Revolutionary War. Colonel Isaac Franks and Major Ben- and producer, he has also taken it upon years. It has been very much a part of jamin Nones were aides de camp to himself to set up the Shoa Foundation the fabric of the community in chari- General George Washington. Com- and has funded it with others as a way table efforts, as well as education and modore Uriah Phillips Levy, who of taking the written testimony of peo- those kinds of things. And the heritage served in the War of 1812, was court- ple who survived the Holocaust, to pre- that we are talking about tonight, martialed six times due to his defiance serve it forever. That, to me, is a great really at least in the Rocky Mountain of anti-Semitism. And by the time the contribution. West, the Jewish community and the Civil War broke out, there were 150,000 Groucho Marx, we all know Groucho Rocky Mountain West are inseparable. Marx. I won’t do the imitation because I just thank my friend for organizing Jews in the United States, with 7,000 I see my colleague from Denver, from our Special Order hour, and I yield fighting for the North and 3,000 fight- Colorado, over there is going to make back to her. ing for the South. Senator Judah Ben- fun of me if I do that. But Groucho Ms. WASSERMAN SCHULTZ. Thank jamin even served as Secretary of Marx is truly one of the greats. And, of you so much, Mr. PERLMUTTER. We ap- State for the Confederacy. And al- course, it was all the Marx brothers. preciate your contribution to our effort though Jews only made up 2 percent of They just left such a mark in that to raise awareness and celebrate the the population during World War I, time. They came from that background contributions of Jewish Americans to they made up 6 percent of the United of that early vaudeville era and sort of American history. States Armed Forces. expressed that great sense of humor. It is now my pleasure to yield to one Jewish Americans have served in So there are so many, and I know my of our newest Members, who as of just Korea and Vietnam. They’ve served in colleagues are going to mention one yesterday is no longer the most junior Operation Desert Storm and in count- after the other here. But I am just Member of the House of Representa- less operations around the globe. happy to be here tonight to celebrate tives. He held that title for, oh, about They’re among the brave young men this important milestone, to celebrate a month. He is the neighbor to the and women who served after September it every year as part of this commu- other side of my congressional district, 11 in the war on terror and who are nity, to talk about it, to learn about it, and did a fantastic job as a State sen- serving bravely and valiantly in Iraq and to get our community to talk ator, was another leader in the orga- and Afghanistan, even as we speak. about it and teach others as well. nized Jewish community in south Flor- And as we approach Memorial Day, I I thank the gentlelady for bringing ida, someone who has been a staunch recognize those Jewish war veterans us all together tonight. advocate for Israel and for issues that who made the ultimate sacrifice for Ms. WASSERMAN SCHULTZ. Thank are important to the Jewish commu- freedom, like Major Stuart Wolfer, a you so much. I thank the gentleman nity, the gentleman from Florida, Mr. Jewish American major from my dis- for his remarks and for taking us DEUTCH. trict, a loving father of three daughters through an important aspect of Jewish Mr. DEUTCH. Thank you. Thank you who was killed by rocket fire in Bagh- life in America. very much. dad 2 years ago. Now it is my pleasure to yield to an- Mr. Speaker, I rise today in recogni- Since the Congressional Medal of other colleague from the West, and a tion of the American Jewish commu- Honor, Jewish Americans have been leader on the House Rules Committee nity’s many contributions to our Na- awarded this high honor for their dedi- who has a Rules Committee meeting tion’s society and culture. I would like cated service to this Nation since it that is imminent that he needs to get to thank my dear friend and colleague, was created. Six Jewish Americans re- to, and a leader in the Jewish commu- Congresswoman DEBBIE WASSERMAN ceived the award in the Civil War, two nity as well, Congressman ED SCHULTZ, for her outstanding dedica- in the Indian wars in the late 1800s, PERLMUTTER from the State of Colo- tion to preserving Jewish history and three in World War I, two in World War rado. culture in America. II, one in the Vietnam conflict. Mr. PERLMUTTER. I thank my Jewish American Heritage Month I am proud to also note that Flor- friends from Florida. gives all Americans the opportunity to ida’s 19th District is home to one of the

VerDate Mar 15 2010 04:03 May 27, 2010 Jkt 089060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\K26MY7.062 H26MYPT1 rfrederick on DSKD9S0YB1PROD with HOUSE H3858 CONGRESSIONAL RECORD — HOUSE May 26, 2010 largest chapters of the Jewish War Vet- tunity, all the way back to the Revolu- were graduates of Philadelphia’s public erans of America. These brave men and tionary War, to see the contributions magnet school, Central High School, women embody true patriotism, and of Jews throughout our military his- where my sons went to school, and cer- their dedication to this great country tory and how they proudly, so many of tainly proud Philadelphians, and they is captured in their mission statement, them, as you said, hundreds of thou- are among the members of Philadel- which reads: sands, proudly fought side by side with phia’s Jewish community. Philadelphia We, citizens of the United States of their fellow American citizens to de- continues to proudly distinguish itself America of the Jewish faith who served fend the freedom that we continue to as an important epicenter of American in the wars of the United States of enjoy today. Jewish life. America, in order that we may be of So thank you so much for acknowl- As a new Member of Congress, I was greater service to our country and to edging that. very honored and proud to support one another, associate ourselves to- It’s now my privilege to yield to my Temple Beth Shalom, which is located gether for the following purposes: good friend, the gentlelady from Penn- on Old York Road in Elkins Park, To maintain true allegiance to the sylvania, who has been a leader, whom Montgomery County—I represent United States of America; I’ve shared many a conversation with Montgomery County—becoming a na- To foster and perpetuate true Ameri- in the time we have served in the Con- tional historic landmark. It is the only canism; gress together. We were elected in the synagogue designed by the great Amer- To combat whatever tends to impair same year and both served as State leg- ican architect Frank Lloyd Wright, the efficiency and permanency of our islators, championing many of the and it is a remarkable place to see. I free institutions; same cases. She was a leader on health would commend it to all of my col- To uphold the fair name of the Jew care in the Senate in Pennsylvania and leagues. and fight his or her battles wherever has been a leader in the Jewish com- And looking forward, on November unjustly assailed; munity in her own right, and I’m so 14, 2010, the National Museum of Amer- To encourage the doctrine of uni- glad you’ve joined us here tonight. ican Jewish History will open its spec- versal liberty, equal rights, and full The gentlelady from Pennsylvania tacular new facility on Philadelphia’s justice to all men and women; (Ms. SCHWARTZ). Independence Mall. This museum is the To combat the powers of bigotry and Ms. SCHWARTZ. I thank the gentle- only museum in America dedicated ex- darkness wherever originating and woman, and I’m very pleased to join clusively to exploring and preserving whatever their target; and you this evening. Thank you for orga- the American Jewish experience. And To preserve the spirit of comradeship nizing it, and thank you, of course, for again, I encourage all of my colleagues, by mutual helpfulness to comrades and your sponsorship of the resolution that Jews and non-Jews, to visit this re- their families. created the Jewish American Heritage markable institution and to learn the The mission of this wonderful organi- Month. And I am very pleased, as the stories of Jewish Americans, their zation holds a special significance to only Jewish member of the Pennsyl- challenges, their hardships, and their me. I’m the proud son of a Jewish war vania delegation, to be able to speak successes as they became a part of the veteran who volunteered as a teenager tonight a bit about the contributions fabric of who we are as Americans. to serve our country and fought in the of Pennsylvania’s Jewish communities, For me, the significance of American Battle of the Bulge, where he earned a in particular, Philadelphia’s Jewish Jewish Heritage Month is marked by a Purple Heart. community and the contributions we story of one young woman named My dad’s no longer with us today, but made. Renee Perl. Over 60 years ago, Renee with every veteran that I meet, I hear I would be remiss if I didn’t also say fled Austria on a Kindertransport. his voice and remember his love of that I appreciate our colleague’s com- Some of the Jews may know what that country. It’s a love of country that so ments before about Jewish veterans. means. It was a children’s train. Par- many Jewish Americans hold in their And as many of my colleagues know, ents sent their children on this train hearts. Those who practice the Jewish my father was a veteran serving in the hoping they would be embraced by faith hold in high regard a value for Korean War, and certainly those expe- strangers and taken care of. She was, service, for justice and progress for all riences have helped inform who I am. of course, fleeing the Holocaust. After people. But this evening, I did want to talk a almost 2 years, first in Holland and These are values also embedded in bit about some other subjects, and, in then in England, she arrived alone on the very fabric of this country. And it’s particular, let me start by saying that the shores of America, a 16-year old for this reason today, on the fifth anni- William Penn, who founded Pennsyl- without family or friends, but armed versary of Jewish American Heritage vania in 1682 as a colony, did so making with a keen sense of hope and expecta- Month, that I am so proud to recognize sure that the colony was based on reli- tion. As with many refugees, she was the Jewish American men and women gious tolerance. anxious to put her difficult experiences who, for centuries, not only have The Philadelphia Jewish community behind her and embrace her new coun- shaped our national culture, but have has been around for a very long time try, which she did with deep gratitude. defended our people in times of great and really came really expecting and Renee Perl was my mother. She in- challenge. being honored to be able to experience stilled in me a deep love for this coun- Thank you, Mr. Speaker. And thank that religious tolerance, particularly try and its capacity to provide not only you, Congresswoman WASSERMAN in Philadelphia, and has been a part of safe harbor but opportunity. My moth- SCHULTZ for arranging this wonderful Jewish Philadelphia and the Philadel- er’s search for security and freedom in evening. phia community for generations. As America is part of who I am and why I Ms. WASSERMAN SCHULTZ. Thank early as 1735, Nathan Levy established do what I do. It is a deeply personal re- you very much, Mr. DEUTCH, and I’m himself in the import/export trade with minder of the importance of democ- really pleased that you chose to high- his cousin David Franks in the bustling racy, not only for American Jews, but light in your remarks the contribu- Philadelphia port. Well, today the for so many. Her story, her life, as for tions that our Jewish war veterans Philadelphia port is still bustling, and so many others, calls on us to meet the have made. it is one of the busiest ports in the Na- responsibility we have to respect the Last year, I think it was last year, tion. values of our great Nation, to build and Ms. SCHWARTZ, last year, we marked, Philadelphia Jews have contributed protect the freedom and hope that it the Jewish Members, a number of us to our national fabric through sciences, offers to so many citizens and new- and some non-Jewish Members, marked public service and through the arts. comers. Jewish American Heritage Month by Just to name a few—and it’s always It is with pride and gratitude that I taking a trip to the Museum of Jewish risky to just name a few, but I will— mark the occasion of American Jewish Military History, which is based in philanthropist Sam Guggenheim and Heritage Month, and I am pleased to Washington, D.C., and it was a museum Watergate counsel Samuel Dash, participate in this evening’s discussion. that I was not familiar with, didn’t Science Nobel Prize recipient Howard Ms. WASSERMAN SCHULTZ. Thank know existed. And we had an oppor- Temin, and the comic Larry Fine all you so much.

VerDate Mar 15 2010 04:03 May 27, 2010 Jkt 089060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\K26MY7.063 H26MYPT1 rfrederick on DSKD9S0YB1PROD with HOUSE May 26, 2010 CONGRESSIONAL RECORD — HOUSE H3859 Ms. SCHWARTZ, I have to tell you that where they lived in Europe, we would think most Jews feel this way, that I’ve heard you share that story before, have been exterminated in the Holo- given the rights that we have here in and I get a lump in my throat every caust, but we did survive. We came to the United States also comes respon- time you tell it. It is so moving and this remarkable country, where not sibilities. meaningful for you to share that story only did we have an opportunity to sur- Those responsibilities mean good in the Chamber of the U.S. House of vive, but we’ve had an opportunity to citizenship and participating in the po- Representatives, and it’s one of the thrive. litical process and voting and being ways that we can help people under- I’m second-generation American. knowledgeable and getting a good edu- stand why acknowledging the contribu- When my grandparents came here—and cation so that you can not only be part tions of American Jews and the rich this is a story that is so common of the foundation of this country, but tapestry that we have weaved through- among American Jewish families—they to give back to a country that has out American history is so important. couldn’t speak English. They had no given us so many opportunities. So I So thank you again for sharing that money. They had no skills. am very much a part of the American Jewish community, but it’s a story story once again. b 2145 It’s now my privilege to yield to one that so many of us share with our fel- of the most significant Jewish leaders The only thing they had was a dream, low Americans. in our country, someone who has been and that dream was that their children Ms. WASSERMAN SCHULTZ, I want to a stalwart fighter for Israel, a stalwart and their children’s children would thank you very much for giving us the fighter for the issues that matter to have a better life here in the United chance to thank this great country not American Jews and to Jews across the States than they had where they came only for taking us in, but for letting us globe, the gentlelady from Nevada, from. be so much a part of not only the cul- SHELLEY BERKLEY. I often think of myself, and I hope ture and the political life, but to be Ms. BERKLEY. Thank you very this isn’t too presumptuous, as my very much involved in the greatness of much, Ms. WASSERMAN SCHULTZ. We grandparents’ American Dream. But I the United States of America. Thank usually start our days together because think even in their wildest dreams you for giving me this chance. we’re next-door neighbors, and it’s a they never would have imagined that Ms. WASSERMAN SCHULTZ. Thank pleasure to see you 14 hours later here they would have a granddaughter that you so much for your eloquence, Ms. on the floor of the House. But I want to was serving in the United States House BERKLEY, and for acknowledging that a thank you for spearheading this effort. of Representatives. When I am doing lot of people think about the arrival of I think it’s very important. And I know this, I often think of my grandparents Jews in America as really being an in- this is near and dear to your heart, and and realize that they went through so fusion after World War I, an infusion you’ve done an extraordinary job year much in order to come to this country. after World War II; but we have 353 after year bringing the Jewish Amer- And we have been able to share in the years of Jewish life in this country. ican story to our fellow citizens, and I extraordinary success and largesse of And, unfortunately, much of our ar- appreciate it very much. this remarkable country. rival followed persecution in other I can’t help but agree with you about We are very lucky as an American parts of the world: after the Spanish the beautiful story that our colleague, Jewish community to be very much a Inquisition, the pogroms in Russia— ALLYSON SCHWARTZ, spoke of. I leaned part of the fabric of this great country, that’s when my family came initially over to you and said, Is she talking to have full acceptance, to be able to in the 1800s—and then in the early 1900s about her grandmother? And you said, access the highest levels of power, to fleeing Poland for a better way of life No, that’s her mother. And I know how actually be able to effectuate meaning- here. And it’s so incredibly important much that means. I also have heard her ful change in a very positive way by that we tell our story. story many times, and it also puts a participating in the American political Jewish American Heritage Month al- lump in my throat as well. process. lows us to do that now. President Bush Congresswoman WASSERMAN My father, much like so many of the proclaimed it 5 years ago. We had 250 SCHULTZ, my family story is very much others that spoke today, is also a cosponsors, of which you were one, of an American Jewish story. And not un- World War II veteran. He is 85. His the original legislation that urged him like so many millions of other Amer- name is George Levine. He is still to do that. And one of the things that ican Jews that came to our shores from working. But I think what dem- I really think is important to acknowl- other places, my mother’s side of the onstrates our commitment and our edge is there is so much partisanship family comes from Thessaloniki, love of this country and our patriotism here in the House of Representatives. I Greece, where there was a very vibrant as American Jews is the fact that my was the most proud at the time that we community, Jewish community prior father also joined the Navy when he passed that resolution unanimously to World War II. Half of the population wasn’t quite old enough to do so. But out of the House. With over 400 Mem- of Thessaloniki, Greece were Jewish he wanted to fight for his country. He bers voting for it, we had 250 cospon- before World War II, but by the time wanted to stand up and do something sors, bipartisan cosponsors, and then the Nazis finished, there were only positive for the United States of Amer- we had a bipartisan effort across the 1,000 Jews left in Salonika out of the ica to show that we belonged here and Jewish community in this country to 80,000 that existed and lived there and we were part of this great country. urge the President at the time to pro- thrived there prior to World War II. I’m There are 500,000 Jews that served in claim the first Jewish American Herit- not presumptuous enough to think that the American Armed Forces during age Month. And they did so willingly, my family would have been among World War II, including numerous Jews put aside party differences because those thousand chosen to live. who rose to the rank of general, and they knew that it was incredibly im- On my father’s side of the family, several more were admirals. Now, my portant. And we have continued to be from the Russia-Poland border, an en- father was never an admiral in the able to mark the occasion every year. tire culture, from 1,000 years of Jewish Navy, but he served and he served his Ms. BERKLEY. Well, if it wasn’t for culture in that part of the world, was country proudly and well; and I con- your leadership we might not be here exterminated as a result of World War tinue to be very proud of him. this evening doing this, so I thank you. II. My family escaped both the Russia- We have made more than a life for Congresswoman, when you and I hear Poland area and Thessaloniki, Greece ourselves in the United States of Amer- the beautiful song ‘‘God Bless Amer- in order to come to our Nation’s ica. We are very proud Americans, and ica,’’ it means a great deal to us be- shores. And I grew up hearing stories of we are very proud Jews. And we appre- cause I think every day God bless what their lives were like where they ciate so much the fact that this coun- America, God bless this country. came from and how thrilled and ex- try offered so many remarkable oppor- But the interesting thing is Irving cited they were to come to the United tunities and gave us a chance not only Berlin gained prominence as a com- States of America and truly felt this for survival, but to become a part of poser of patriotic songs. As you know, started as a haven. It was the very sur- something so much bigger than our- Irving Berlin was a very famous com- vival of my family. Had they stayed selves. I think it’s incumbent, and I poser, he was Jewish, and he wanted to

VerDate Mar 15 2010 04:03 May 27, 2010 Jkt 089060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\K26MY7.064 H26MYPT1 rfrederick on DSKD9S0YB1PROD with HOUSE H3860 CONGRESSIONAL RECORD — HOUSE May 26, 2010 show his love of this country and use But I would like to try to do some- to point in that direction. I think his talents in order to create these re- thing that’s in some respects a little that’s a good summary of what we try markably patriotic songs. And ‘‘God more difficult, if I may, which is try to to accomplish as legislators. I think Bless America’’ is still among my fa- explain in some general way what Jews it’s a good summary of what America vorites. And he received the Congres- have meant in this country for our in- tries to accomplish when we appeal to sional Gold Medal of Honor in recogni- tellectual and moral life as a country. our own better natures. And that’s, I tion of his service to this country in And I think it begins with the fact that think, the greatest of all of our con- composing these patriotic songs. So we all lived as slaves. And we not only tributions to American life, the con- whenever I hear that song I get a little remember that time and remember cept of tikkun olam, the concept that patter in my heart, and it particularly what it meant for us to achieve free- the way that we conduct ourselves is a makes me proud that an American Jew dom ourselves as a people, but we also way that can spread throughout the composed it. make sure that each year we come to- world. I appreciate the time. Ms. WASSERMAN SCHULTZ. Me as gether during a time that’s important Ms. WASSERMAN SCHULTZ. Thank well. And in that same vein, Emma to all of us, to come together as fami- you so much, Mr. GRAYSON, for sharing Lazarus was by far at the time the lies and remember the importance of your unique perspective. And, again, leading Jewish literary figure in 19th- that part of the Jewish experience. And it’s so incredibly important that we century America. And it’s her sonnet that helps us to relate to other people had this opportunity to acknowledge which was called ‘‘The New Colossus’’ who are oppressed in all sorts of ways. the contributions of Jewish Americans that is engraved on the base of the We also, I think, are moved by the to American history. Statute of Liberty: ‘‘Give me your central concept, in my mind, of tikkun And I can tell you, Mr. Speaker, that tired, your poor, yearning to breathe olam, healing the world. Now, this is a something that I am quite proud of is free.’’ And then the rest is history. concept that dates in Jewish law all a contribution that I wasn’t aware that Ms. BERKLEY. History. the way back to the Mishnah. And Ms. WASSERMAN SCHULTZ. The I had made. Upon my election to the originally it was basically an injunc- Congress in 2004, I learned that I was rest is history, exactly. There are so tion that you should not take advan- many contributions that this month elected as the first Jewish woman to tage of other people. One of the origi- represent the State of Florida in Con- allows us to highlight. And I really nal examples of tikkun olam, the prin- thank you for joining us tonight, to gress in history. And that’s a source of ciple of healing the world, was that for great pride certainly to my parents, continue to be able to do that. And I instance when the captives were taken, know we look forward to the rest of the my Jewish parents, who were ex- when people were held hostage in mili- month and the celebrations across the tremely proud and who kvelled, which tary battles, the tradition at that time country. is a Yiddish expression for a great bub- Ms. BERKLEY. Thank you very was that they could be freed by a pay- bling of pride, so to speak. But it’s much. ment of money. We don’t do that any- something that has been a source of Ms. WASSERMAN SCHULTZ. Thank more, nobody does that anymore, but pride to me. you so much. that was typical and ordinary in Bib- Mr. GRAYSON. Will the gentlelady It is now my privilege to invite my lical times. yield? And the rule of tikkun olam was ap- colleague from the State of Florida, Ms. WASSERMAN SCHULTZ. I plied to place a limit on how much you the gentleman from central Florida, would be happy to yield. who is a newly elected Member and could take in order to give someone back their freedom. Why? Because that Mr. GRAYSON. I am sure, and I know who has done a fantastic job fighting for a fact, that your parents must be for his constituents, fighting on behalf person was a prisoner, he or she could not defend himself or herself, and he or very proud of you. But I will tell you of the issues that are important to this that when I was elected, my mother’s country, and fighting to help particu- she wanted and deserved the freedom that every human being deserves. So reaction was, I really wish you would larly focus on job creation and turning become a doctor instead. I yield back. our economy around, the gentleman under the idea of the concept of tikkun olam, we placed a limit on the price Ms. WASSERMAN SCHULTZ. Thank and my friend from central Florida, you. That’s right. They wished for a ALAN GRAYSON. that you could pay on somebody’s free- doctor or a lawyer; they got a Member Mr. GRAYSON. Thank you. It would dom, even if they were captured in the of Congress. What can you do? They be easy to spend this time that I have, field of battle or otherwise taken hos- and in fact this entire hour, talking tage. And that’s a concept that’s had to settle. about the contributions that Jewish broadened over time. It’s a concept Mr. Speaker, as I wrap up, and I am people have made to American history that I think is suffused through our life going to yield the last portion of our and to American science and culture. If as a country in America today because time to my good friend from Indiana, you look at the back of a dollar bill, it appeals to our better nature. but I do want to talk about this year’s you will find the seal of the United I saw something recently that sum- Jewish American Heritage Month. And States. And you will find that the 13 marized this in a way that I thought it’s been packed with programs cele- original States are depicted in the was particularly vivid. This is Rabbi brating the contributions of American form of a Star of David on the back of Michael Lerner talking about the con- Jews to our country with movies, cul- every dollar bill. And that’s to reflect cept of tikkun olam and how it applies tural exhibitions, speakers, and inno- the support that Jews provided during to modern life: ‘‘We in the Tikkun vative educational curricula. the Revolutionary War for our freedom community,’’ he said, ‘‘use the word Right here in Washington, the United as a country. ‘spiritual’ to include all those whose Jewish Communities and the Jewish It also would be easy to spend this deepest values lead them to challenge Historical Society of Greater Wash- time, and in fact the whole hour, talk- the ethos of selfishness and mate- ington will once again be hosting what ing about people who we know who rialism that has led people into a fran- has become their annual tradition, a have lived upstanding lives as Jews and tic search for money and power and reception for Members of Congress and reflected our values in ways that have away from a life that places love, kind- members of the Jewish community caused America to appreciate what ness, generosity, peace, nonviolence, right here on Capitol Hill. they have given us. I am thinking, for social justice, awe and wonder at the J Street will also be hosting a recep- instance, of my father’s mother, who grandeur of creation, thanksgiving, hu- tion to celebrate May as Jewish Amer- came to America fleeing oppression in mility and joy,’’ especially joy I think, ican Heritage Month with Members of Europe 110 years ago. I am thinking of ‘‘at the center of our lives.’’ Congress, their staff, and the Jewish both of my mother’s parents. My moth- And what we strive for under Jewish community. But that’s not all. The Li- er’s parents told me that their finest law is a reflection of the future that we brary of Congress and the National Ar- hour was when they got to visit Jeru- hope to bring about, the messianic age, chives and Records Administration has salem. And yet they came from Europe the age when people live in peace, when been hosting lectures and exhibits and to North America in the hope of their lives are filled with love and with discussions about Jewish contributions achieving freedom, and they did. joy. And our actions today are meant to America.

VerDate Mar 15 2010 04:03 May 27, 2010 Jkt 089060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\K26MY7.065 H26MYPT1 rfrederick on DSKD9S0YB1PROD with HOUSE May 26, 2010 CONGRESSIONAL RECORD — HOUSE H3861 In my home State of Florida, there participate in Memorial Day parades Early on, he performed light vehicle will be a celebration of Jewish con- and events that are a tradition of maintenance. In 2000, Justin and his tributions to the civil rights move- American life. People will picnic with family moved to Evans, Georgia, after ment. And the Marlins baseball team their families, barbecue and watch pa- he was assigned to nearby Fort Gordon, will host a Jewish Heritage Game. I rades, and people will honor our vet- where he was trained as a satellite op- can share with you that I had the privi- erans and pay respects to those service- erator. lege of throwing out the first pitch last members who died in the line of duty He would later go on to work in that year at the Jewish Heritage Game, in places large and small, in places like capacity in South Korea. Last Sep- which was really neat. But at that South Bend, Plymouth and Westville, tember, Justin was assigned to the 16th game they have kosher food and Jewish Indiana. Signal Company at Fort Hood. He had music in-between innings, and it’s real- Specialist Paul E. Andersen, an hoped to soon return to Fort Gordon to ly an incredible experience. Army Reservist from South Bend, Indi- be with his family. Cincinnati, Ohio will be hosting lec- ana, died in action on October 1, 2009, While at Fort Hood, Justin distin- tures, including one on President Lin- by indirect fire from enemy forces. A guished himself by training new sol- coln’s solid relationship with Jewish 24-year veteran of the Armed Forces, diers. He will be remembered by his fel- Americans. And Wyoming of all places Paul was competing his second tour of low soldiers as a mentor with an unde- will host a festival celebrating Jewish duty in Iraq. niable charm and quick wit, and by food. And Lord knows that we Jews A 1979 graduate of Buchanan High friends and family as a loving and de- like food a whole lot. School just across the line in Michigan, voted father and husband. Paul enlisted in the Army Reserves in Justin is survived by his wife of 14 b 2200 1985. After serving his first tour in Iraq, years, Marikay, their 13-year-old Events are also scheduled to occur in Paul met his future wife, Linda, at the daughter, Kylah, and two proud par- New York, California, Texas and other home of a friend. They shared a love of ents, Daniel DeCrow and Rhonda States around the country, but I think country music, old movies, and straw- Thompson. He will be missed by them the thing that we are all the most berry milkshakes. Paul proposed mar- and by a grateful Nation forever in proud of is that tomorrow we will join riage within just a few months, and debt to a selfless man’s kind heart and President Barack Obama and the first they were married 3 weeks later. deep sense of service. lady, who will hold the first ever White Linda knew what the Army meant to Marine Corps Lance Corporal Joshua House celebration and ceremony hon- Paul from the very beginning. When he Birchfield of Westville, Indiana, died in oring Jewish American Heritage Month reenlisted for 6 more years of duty, the Helmand Province of Afghanistan and the contributions of Jewish Ameri- though, it was only after first seeking on February 19, 2010. After almost 2 cans throughout American history. It’s her consent. years of accomplished service, Joshua our first opportunity to have that cele- When he asked her how she would was killed by small arms fire while on bration in the White House during the feel if he opted to redeploy, she said, go patrol during his first tour of duty in month of May and Jewish American ahead. ‘‘I knew I married an Army that country. Heritage Month. man, he’s my world, my life, my Josh graduated from Westville High Mr. Speaker, we have come a long friend.’’ School in 2004 and enlisted in the way in recent years to promote appre- In November of 2008, Paul served with United States Marine Corps on April ciation for the multicultural fabric of the 855th Quartermaster Company from 18, 2008. He joined the marines after the United States. It’s our responsi- South Bend. Paul’s mission in Iraq was seeing a TV news segment focused on to provide both shower and laundry bility to continue this education. If we the hardships that military families services, as well as operating a cloth- endure when they are separated, espe- as a Nation are to prepare our children ing repair shop supporting coalition cially during the holidays. Josh was for the challenges that lie ahead, then forces based in 10 different locations deeply inspired by those who dedicated teaching diversity is a fundamental throughout the Iraqi theater. Without their lives in the service of others. He part of that promise. Together, we can these crucial services that helped make wanted to share that burden they were help achieve this goal of understanding life bearable for those fighting far from carrying on behalf of our Nation. with the celebration of Jewish Amer- home, our soldiers would not have been Lance Corporal Birchfield was sta- ican Heritage Month. able to perform their duties as ably as tioned in Helmand Province as a rifle- I thank my colleagues for their sup- they do. man with the Third Battalion, Fourth port and call on all Americans to ob- Paul will be remembered as a devoted Marine Regiment, First Marine Expedi- serve this special month by celebrating husband, father, and grandfather. As a tionary Force, based in Twentynine the many contributions of Jewish cul- civilian, Paul worked at a tube and Palms, California. ture throughout our Nation’s history. bending company. He loved to tinker For his service and support in Oper- With that, I would be happy to yield with machines and was notorious ation Enduring Freedom, Josh has been to the gentleman from Indiana (Mr. among family members and friends for decorated many times, earning the DONNELLY) who hopefully will come up going overboard on the Christmas Purple Heart, Combat Action Ribbon, with a good segue from Jewish Amer- lights every year. National Defense Medal, Afghanistan ican Heritage Month to what he has He lived a life full of love and joy. Campaign Medal, Global War on Ter- come to share with us tonight about Specialist Andersen is survived by his rorism Service Medal, Sea Service De- his constituents. wife, by six children, and by nine ployment Ribbon, and the NATO HONORING THREE SONS FROM SECOND DISTRICT grandchildren. Medal. Joshua was a baseball enthu- OF INDIANA Army Staff Sergeant Justin DeCrow siast, and this coming weekend, I am Mr. DONNELLY of Indiana. Thank of Plymouth, Indiana, died in a the proud that I will be there as the base- you very much. I want to thank my tragic shooting at Fort Hood, Texas, on ball field in Westville will be renamed dear colleague from Florida and tell November 5, 2009. After 13 years of ex- in Josh’s honor, a living memorial that her what a vibrant and successful Jew- traordinary service to his Nation, Jus- will remain a place of joy and remem- ish community we have in Indiana as tin was taken from his family, friends, brance for years to come. And we all well. We are very proud of our Jewish and comrades, and he will be forever hope that we can live up to the exam- community there, and I want to thank missed. ple that Josh has given to all of us. you so much. Justin always wanted to be a soldier. Joshua was also an inspiring hero to Mr. Speaker, as we near Memorial He graduated from Plymouth High many in the tight-knit Westville com- Day, I rise today also to offer some School in 1996, and after marrying his munity, and he will be remembered as words in commemoration of those who high school sweetheart, that spring he a selfless and compassionate man. He is gave their lives in the Armed Forces of enlisted in the United States Army. He survived by both parents and sisters, the United States, in particular, three answered the call to serve his country extended family, and many, many sons from the Second District of Indi- because of an unfailing love of America friends. ana. This weekend, Members of this and also the opportunity to make a life We are forever in debt to these three body will return to our districts and for his family in a career like no other. great Hoosiers, all patriots in every

VerDate Mar 15 2010 04:03 May 27, 2010 Jkt 089060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\K26MY7.066 H26MYPT1 rfrederick on DSKD9S0YB1PROD with HOUSE H3862 CONGRESSIONAL RECORD — HOUSE May 26, 2010 sense of the word and all brave Ameri- I would like to send a message here or four barbed wires that are stretched cans who have laid down their lives so tonight to encourage the nation of apart where illegals cross through, that we may be safe, so that others Israel, the Prime Minister, Benjamin 11,000 a night, Mr. Speaker. And so you might live without fear, and so that Netanyahu, and all the people that can take your historical measure by our country can remain safe and secure stand up for liberty and freedom in Santa Anna’s army of someplace be- and strong. that part of the world. It is one thing tween 4,000 and 6,000 that surrounded Let us also remember today those to defend your freedom and your lib- and attacked the Alamo. It’s 11,000 a brave Americans who are serving their erty throughout the generations as we night. So one might argue, and I think Nation now here at home and in harm’s have through this country; it is an- very effectively, that it is two to three way in places all around the globe. By other to be completely surrounded by times the size of Santa Anna’s army choosing to serve their Nation in uni- enemies that would like to annihilate that invaded Texas, every night, on av- form, these sons and daughters, moth- you as a people and as a country. We erage. And no, they don’t all come with ers and fathers, are continuing hun- have no neighbors that draw maps of muskets and they’re not in uniforms, dreds of years of a tradition of selfless- the world that erase the United States but that is the magnitude of it every ness, excellence, and courage in pro- from that map—we do have some single night, on average. tecting the freedoms and values we are neighbors that would like to take some And now I’m going to say, thank- blessed to enjoy as citizens of this be- chunks out of the great Southwest of fully, the President of the United loved country. the United States and change the map States has announced, I believe yester- Mr. Speaker, may the House of Rep- of the United States of America. day, that he was going to ask for $500 resentatives always do right by these We don’t have any neighbors who million and 1,200 National Guard troops fine men and their families, and may seek to, when they educate their chil- to bolster the security at the border. we never forget the price of freedom dren, eradicate all of the United States Now, some of the people on my side of and those who have laid their lives of America. But that is the case with a the aisle were immediately critical of down in service to this great Nation. number of the neighbors of the nation it as being not enough, and I won’t Ms. WASSERMAN SCHULTZ. I am of Israel. And to be surrounded by take issue with them on that part, it is really privileged to have been here to those kind of people, people who raise not enough, but it is a good baby step. listen to the gentleman acknowledge their children and little girls to put We have taken so many giant steps in the patriots that gave their lives and suicide vests on at age 3 and walk them the wrong direction, especially eco- that have served our country so faith- around to justify the homicide bomb- nomically, in the effort to do so cul- fully from his community, and I can ing activities that have taken place all turally and socially, that when I see a tell you that the constituents of the over Israel over the years—and by the little baby step in the right direction, district that he represents in Indiana way, while I’m on the subject matter, like 1,200 Guard troops going down to have no greater friend, no greater ad- many of those bombings have been re- the southern border, that’s a good vocate, than JOE DONNELLY. duced dramatically, significantly thing. Little steps in the right direc- With that, I yield back. across Israel, and a lot of that has to tion are a lot better than giant steps in f do with the barrier they constructed the wrong direction. ILLEGAL IMMIGRATION AND THE between themselves and the West So 1,200 Guard troops at $500 million ECONOMY Bank. I’ve been there. I’ve seen that works out to be this, Mr. Speaker. barrier and watched how effective it That is an increase of border patrol The SPEAKER pro tempore (Mr. has been. And I’ve been a strong pro- personnel security of 6.5 percent, and it MURPHY of New York). Under the ponent of the construction of a barrier is an increase, from a budgetary per- Speaker’s announced policy of January that would be that effective on our spective—$500 million divided by the 6, 2009, the gentleman from Iowa (Mr. southern border in particular, where roughly $12 billion we’re spending on KING) is recognized for 60 minutes. Mr. KING of Iowa. Mr. Speaker, as al- we have millions of illegal border the southern border comes to about a ways it’s an honor and privilege to be crossers every year coming across our 4.2 percent increase in the budget part recognized by you here in the House to southern border into the United States. of it. Importantly, it sends the right mes- address you in the presence of the folks And there are those that will say that sage. And we need to emphasize and re- that are here in this Chamber. those that are coming across are just I appreciate my colleagues in their coming here to get a job. They just inforce the message that’s been sent, presentation in the previous hour and want to work. They just want to take that this country, Democrats and Re- their discussion about Jewish Amer- care of their families. In fact, Mr. publicans—albeit in significantly dif- ican Heritage Month. I want to say Speaker, many do, many do, but there ferent percentages within the parties, but it is a bipartisan position—that we also to my friend, Mr. DONNELLY, the are also many who do not. support for our troops and the grief Ninety percent of the illegal drugs need to stop the bleeding at the border, that we have for those that we have consumed in the United States come Mr. Speaker. All the rest of the things lost goes deep for all of us, and I appre- from or through Mexico. And out of we might want to do don’t account for ciate that sentiment as well. that huge human haystack of human- much—as a matter of fact, they don’t I look at the democracy in the Mid- ity that pours across our southern bor- count for anything—if we don’t stop dle East and the demonstration there der every night, while the numbers are the bleeding at the border. that in 1948, a Nation that stood up and down a little bit—at least by the way I just came from a dinner where I sat created a Nation, actually a people we keep statistics, we can’t be sure be- down and listened to the narrative of that stood up and created a Nation. I cause we don’t know—but the numbers, an individual—whose wife actually told am very well identified with Israel, in when I did have a reasonable measure- the greatest part of the narrative—who particular because the generation of ment, there were 4 million illegal bor- was kidnapped by the Mexicans in Mex- my life has almost mirrored the gen- der crossings a year. I think if you ico. One of the cartels that were the eration of the life of the Nation of take—and this is from memory, Mr. top-of-the-line human kidnappers had Israel. Speaker, so hopefully the accountants asked initially for $8 million in ransom in the world won’t hold me too ac- and for 8 months kept this man in a b 2210 countable, but 4 million illegal border box. He watched his weight go from 165 And so I would very much encourage crossings a year divided by 365 days down to 80 pounds. And finally, finally the people in this administration to comes down to about 11,000 illegal after those 8 months and down to 80 support Israel, support them in their crossers a night, on average, every pounds, he was released. That doesn’t self-defense in the Middle East, and un- night. happen to all. Some aren’t released. derstand that there have been some I have spent some time down there Some are killed in captivity. Many of things that have taken place in this on those crossings at night at places them are brutalized. But when you see country that undermine the national like San Miguel’s crossing to sit down a person’s weight shrink in half, you defense of Israel and to send a message there on the border. And some of the know that is brutalization. And this is that might encourage their enemies. places along there, at its best, is three what’s going on in Mexico. There are

VerDate Mar 15 2010 04:03 May 27, 2010 Jkt 089060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\K26MY7.068 H26MYPT1 rfrederick on DSKD9S0YB1PROD with HOUSE May 26, 2010 CONGRESSIONAL RECORD — HOUSE H3863 these kinds of activities that are My friend knows that, in our Repub- do in order to see if you’ve violated threatening to throw out the politics of lican Conferences, nobody had been something else while you’re there, but South America in countries like Brazil, more loud and emphatic than I in beg- not unreasonably. for example, and Colombia would be ging my colleagues, when we were If they’ve lawfully stopped a person another, and Peru would be another. going through the TARP bailout, to for some purpose other than immigra- As I watch this unfold, it isn’t a big read the bill. tion and if they have a reasonable sus- surprise to us. When we see all the vio- If you’ll just read the bill, you’ll see picion that the person is an alien, that lence in the Southern Hemisphere and we don’t do this in America. We don’t a person is not lawfully present in the in Central America, it shouldn’t be a give one person $700 billion. country, then this law allows them to big surprise to us when that violence We didn’t have enough people read make, as it says here, a reasonable at- spills over the border. And when Phoe- the bill. They didn’t realize how much tempt, when practicable, to determine nix becomes the second highest kidnap- we were giving away the farm when the the immigration status of the person. ping city in the world—and it would be TARP bailout passed. Now, what Terry vs. Ohio made clear first if it were not for Mexico City—I Likewise, we have people, including is a ‘‘reasonable suspicion’’ means you think it should be pretty clear to all of down Pennsylvania Avenue here, who can’t just say, Well, I suspected some- us here in the United States of Amer- have talked about this Arizona bill. thing. That’s not good enough. In law ica, Mr. Speaker, that the violence of I’ve got it here. It’s 19 pages. That’s school, when we studied Terry vs. Ohio, the drug trafficking country of Mexico with the amendments. It includes the there was some terminology I had to has spilled over into the United States, amendments that were passed to make practice saying before I got to class so and the lawlessness that is a part of clear their position. I’ve gone through that I could say it without, you know, what goes on south of the border is now and, you know, I’ve highlighted dif- stumbling and looking more ignorant in greater numbers becoming the law- ferent parts. It’s what I do. I am not than I might otherwise already look. lessness that they are living with in technically challenged. I love doing The word was ‘‘articulable.’’ It rolls off Arizona and border States along the things on the Internet, finding things pretty easily nowadays, but you can’t way. And when Arizona passed their and doing good research on the Inter- just suspect. Well, I just had this sus- immigration law, we heard, Mr. Speak- net, but there is something about hav- picion. That’s not good enough. It has er, what I would call a primal scream ing a hard copy which I can go through to be a reasonable suspicion based upon of desperation come up out of Arizona. and highlight, and that’s what I’ve articulable facts. If you cannot articu- And they passed the legislation that done here. This is not rocket science. late facts that justify your suspicion, they could. They passed the legislation If you have read the law as it has it’s not reasonable. It’s an unlawful that they needed to protect and defend come down from the Supreme Court stop, and it’s probably a civil rights themselves. and as passed by this Congress, you’ll violation that’s going to get the com- Mr. Speaker, that is a long and deep find out that this Arizona law is actu- munity or the State of Arizona sued subject which I intend to go into a lit- ally not as tough, as stringent as exist- successfully. tle more deeply, but I recognize that ing Federal law. You’ll find out what The Federal law allows even further the astute gentleman from east Texas, this Arizona bill talks about in terms stopping just to check to see if some- the ‘‘Aggie’’ himself, the judge, Mr. of what a law officer will do because it body may be legally present in the GOHMERT, is here with some actual reads: For any lawful contact stop, de- country. Federal law officers have the facts and data that come off of a print- tention or arrest made by a law en- ability to do that if they think it ap- ed sheet rather than out of that globe forcement official—well, a ‘‘lawful con- propriate. Arizona is just trying to deal of his that has so much knowledge in tact stop’’ means a law officer cannot with the fact that they have so many it. stop you unless it is authorized under criminals in Arizona. And I would be so happy to yield as State or Federal law. In fact, if he were My friend mentioned a kidnapping. It much time as he may consume to the to violate someone’s civil rights by un- is intolerable that one of our 50 States gentleman from east Texas (Mr. lawfully stopping someone, he has got of these United States would have a GOHMERT.) a lawsuit. We’ve got a Federal law that beautiful, wonderful city like Phoenix allows you to go sue Arizona or the and that that United States’ city, here b 2220 local law enforcement if they were to in the continental United States, Mr. GOHMERT. Well, I do appreciate abuse their power. That’s why the civil would be the second most prolific kid- so much the comments of my friend rights laws are there. napping capital in the world. This isn’t from Iowa, and we do appreciate the Any lawful contact. a Third World country where we have comments of our colleagues in the hour There is a type of arrest that has coups d’etat constantly and govern- previous to this, about the wonderful been known since 1966 as a Terry Stop, ments constantly changing hands so Jewish heritage in this country. and there is probably not a certified that you don’t know who is going to It is Jewish Heritage Month, and it law officer in Iowa, in Texas, or in the enforce the law. This is the United does mean so much to this Nation country who has not had a class on States of America. Arizona is not some when you look at the contributions of what a lawful stop, a Terry Stop, is be- Wild West territory. To have Phoenix the Jewish immigrants into this coun- cause under Terry vs. Ohio 1966, the Su- have the second most kidnappings in try. This country has benefited so im- preme Court discussed this. They said the world is intolerable, and it is an measurably from immigration, but it that you’ve got to have a reasonable embarrassment for which this Federal has to be legal, and there are a number suspicion that there has been some Government owes an apology to border of different aspects. crime committed in order to have a de- States like Arizona for allowing this First of all, we’ve got, basically, a tention stop. You can’t just, you know, kind of thing to go unstopped, un- Third World immigration service. It willy-nilly stop people. checked. needs to be cleaned out from top to Also, it could be a lawful stop if you This law is very reasonable. You bottom and from side to side. It needs see that somebody is violating the traf- know, basically, there is just one to be streamlined and made more effi- fic laws. Sometimes officers will have a page—if people would bother to go cient, more effective. That has got to lawful stop, and they’ll give you a check. On page 5, it talks about law- be done. It wasn’t done effectively in warning. They could have given you a fully stopping someone who is oper- the previous administration. It has got full ticket because they saw that you ating a vehicle if he has a reasonable to be done. It is not being done now by had violated a law or that maybe you suspicion to believe the person is in this administration, and it has got to had a taillight out or something, but violation of any civil traffic law. I be done. It has grieved me much, in my it’s a lawful stop. They stop you and mean, this is not an unreasonable law, 51⁄2 years here, to hear people come wonder, perhaps, you know, are you but it does say repeatedly that a law down to the floor who talk about laws, carrying illegal drugs or something. enforcement official or agency of this who are spouting off things as facts, Well, they’re authorized to stop you for State, county, city, town or other po- which are wrong, because they haven’t violating the traffic laws, and they’re litical subdivision may not consider read the bills. not bound to put on blinders when they race, color, or national origin in the

VerDate Mar 15 2010 04:03 May 27, 2010 Jkt 089060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\K26MY7.069 H26MYPT1 rfrederick on DSKD9S0YB1PROD with HOUSE H3864 CONGRESSIONAL RECORD — HOUSE May 26, 2010 enforcement of this section except to call, to use to buy law enforcement when he has reasonable suspicion as to the extent permitted by the United equipment to help enforce their laws. the lawful presence of the individual States or Arizona Constitution. Well, We are pouring plenty of money into that he has had lawful contact with the Arizona Constitution cannot allow Mexico, so he doesn’t need to try to go and had a stop, detention, or arrest. it if it is forbidden by the United to some global warming meeting and A reasonable suspicion, I would add States Constitution. So this is not try to construct some method of ex- also to the gentleman from Texas, who some horrific bill as the President and torting more money out of the United went to law school down there, that if others, including our President, have States. We are giving them plenty. I remember correctly, it is a specific, made it sound. Mr. KING of Iowa. Reclaiming my articulable fact, so that it has to be That’s why it is a little bit irritating time, I thank the gentleman from specified as well as articulable. I have to have the President of Mexico come Texas. I wanted to go back through a trouble practicing that word too. I am into this body as an invited guest, as a couple of points the gentleman has doing it here. So I didn’t go to law guest in this House, and say: I strongly made with regard to the Arizona law. school to learn that. disagree with the recently adopted law One of them would be, my recollec- But the reasonable suspicion lan- in Arizona. It is a law that not only ig- tion is that ‘‘lawful contact’’ was guage that is there is well settled, and nores a reality, that cannot be erased amended to say ‘‘stop, detention, or ar- it has been completely utilized for dec- by decree but that also introduces a rest.’’ I happen to have had a copy that ades in the United States, and for at terrible idea, using racial profiling as a has the amendment integrated into the least 12 years in Iowa. Maybe it is the janitor, or it is the nurse or the truck basis for law enforcement. overall bill, and I was able to sit down and read that on Saturday morning. driver, or maybe it is the accountant b 2230 Mr. GOHMERT. If the gentleman or the keyboard operator that is the That is why I agree with President would yield, yes, it does say any lawful designee of the employer, that has re- Obama, who said the new law ‘‘carries contact, stop, detention or arrest. ceived 2 hours worth of training to a great amount of risk when core val- Mr. KING of Iowa. Didn’t they strike start out and one hour worth of train- ues that we all care about are ‘‘lawful contact’’ and just put in ‘‘stop, ing each year to refresh them, and they breached.’’ detention, or arrest?’’ are the ones that get to point their fin- He comes in here as an invited guest Mr. GOHMERT. This is supposed to ger at somebody and not say, let me and completely misrepresents the be the updated law as amended. see your papers; it is, we will send you facts, and tells the world here in this Mr. KING of Iowa. Your copy doesn’t into the clinic here, and you can fill body to our faces that the Arizona law reflect that. I recall mine did. this jar up, and we will check it out ignores a reality that cannot be erased Mr. GOHMERT. The gentleman needs and see if you are using illegal drugs. I would submit that it is a little bit by decree, and introduces a terrible to understand that ‘‘lawful contact more invasive in a person’s privacy to idea that racial profiling is a basis for stop’’ means you can’t stop them un- require a urinalysis than it is to re- law enforcement? less you have a reasonable suspicion. quire that they show their papers. Yet I am sure that he does not lie, but Mr. KING of Iowa. Let me suggest we have people across this country that statement is a lie; that is not that ‘‘lawful contact’’ would mean, that are demonstrating against Arizo- true. He just needed to read the bill, among it, ‘‘lawful contact’’ would be na’s immigration law, when all it does and apparently no one, I don’t know if ‘‘stop, detention, or arrest,’’ so specific is ask the local law enforcement offi- the Attorney General has read it yet, within those individual subcategories cers to carry out the function of en- he hadn’t read it when he came before of lawful contact. So I think I make a forcing immigration law, Arizona im- our Judiciary Committee. Secretary distinction without a difference in the migration law, which mirrors Federal NAPOLITANO, she owed the State of Ari- language as I recall it, and that is care- immigration law in that practice, and zona better than she gave it, and she fully crafted language. it has been a requirement for a long, had not read the bill, and she is out When we look at the reasonable sus- long time, perhaps half a century, that there condemning it. And then to have picion component of this, Mr. Speaker, those who are in this United States our invited guest come in here and con- I think about this; that I wrote the rea- that are not natural born citizens or demn a law that he clearly had not sonable suspicion law in Iowa as a naturalized citizens have to carry their read—I would be glad to give him a State senator for the Workplace Drug papers if they are 18 years old or older. copy. It is not hard to get. But to come Testing Act that we passed in 1998. It That has been a common practice. in here, that is just so outrageous. has been in law for all of 12 years, and There appears to be no offense taken But then he comes in and says, ‘‘Be- in that period of time, in fact 12 years about that practice. cause of your global leadership, we will and 2 months, I happen to remember it But here, behind where I stand, Mr. need your support,’’ this is President was St. Patrick’s day in 1998 that it Speaker, we had President Calderon Calderon, ‘‘to make the meeting in was signed into law, Mr. Speaker. take issue with Arizona’s immigration Cancun next November a success.’’ And But we provide for an employer or law. He said he strongly disagrees with that is because he has come in and employer’s designee to direct an em- the Arizona law, that it is a terrible touted global warming. ployee to undergo a drug test, and gen- idea that could lead to racial profiling. For those that can’t understand the erally that will be a urinalysis, based That is pretty close to the quote, not politicalese that is used in here, what upon a representative of the employer exact. Mr. GOHMERT provided it ex- that statement means, and what all declaring that the employee in ques- actly. these 100 and some countries around tion has a reasonable suspicion that So if President Calderon is so of- the world have said, when they said we they are using or abusing drugs. That fended by the law that Arizona has have got to have the United States’ might be any of the indicators that passed, I would take him back to the global leadership come into this global have to do with bloodshot eyes, or di- simplest lessons in deductive reasoning warming conference, what they mean lated pupils, or erratic work habits, or that were perfected by the Greeks 3,000 is, if the United States doesn’t come in showing up late, or let me say agitated years ago, and it would be this: Presi- as the patsy who is willing to pay all nature or nervous nature, something of dent Calderon, if you are not offended these other countries out of some guilt that nature. by the United States Federal immigra- complex, then nobody else in the world So the designee of the employer can tion law that sets a standard that is is going to come in and start redistrib- point to an employee and say, I have a more stringent than the Arizona immi- uting the wealth from America into all reasonable suspicion that you are using gration law, but you are offended by those other countries. drugs. Go get a drug test right now. the Arizona immigration law, the only I appreciate President Calderon say- That has been an Iowa law for 12 logical deductive reason that could re- ing that, but the trouble is we are dis- years. It is more draconian than the main is that he is offended that Ari- tributing plenty of wealth to Mexico. Arizona reasonable suspicion law with zona law enforcement will be enforcing He mentioned it himself. The Merida regard to requiring the law enforce- Arizona immigration law. So that Initiative, as I recall. This body passed ment officer to draw their reasonable would tell me President Calderon is in- a bill to give them $500 million, as I re- suspicion and make a determination sulted or offended by Arizona’s State

VerDate Mar 15 2010 04:03 May 27, 2010 Jkt 089060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\K26MY7.070 H26MYPT1 rfrederick on DSKD9S0YB1PROD with HOUSE May 26, 2010 CONGRESSIONAL RECORD — HOUSE H3865 and political subdivision law enforce- leave this world and this country in a Mount Pleasant, Texas, and that’s the ment officers. better place than it was when we found way I have taught our three girls grow- And I will suggest that the former it. That’s an American Dream obliga- ing up their whole lives, growing up in Member of Congress from Colorado and tion. And if they come here for a dif- Tyler, Texas, that if there’s a problem, my friend, Tom Tancredo, got it right ferent reason, this is a new phe- even if you’re worried you might have when he said you can understand what nomenon that hasn’t taken place be- done something wrong, you go to some- is going on by the objectors of the Ari- cause we’ve only been a welfare state body in uniform. You can trust them. zona law; the higher the level of about a half a century. And I’ve taught them the same thing. hysteria, the greater their fear that When my grandmother came here a You know, if somebody were ever the law is going to be effective. little over 100 years ago, she came into kidnapped, no matter what the note said or whatever, you call the FBI. You b 2240 a society that was a meritocracy. And if people walked across the great hall can trust them. And I know so many They don’t want the law to be effec- at Ellis Island and they had a limp or FBI agents, and I do trust them. tive. That’s why they’re dem- a gimp or a bad eye or both eyes looked They’re some wonderful agents. And I onstrating. They don’t believe, if a little crazy or a little too pregnant, if know they would lay down their lives they’ve ever read the bill, they don’t something wasn’t right, even though in a second. necessarily believe that it’s unconsti- they’d been screened before they got on But what about when we come to the tutional or it violates a Federal pre- the boat, they put them back on the point when the Federal law enforce- emption standard or that there’s case boat and shipped them back to the ment is told by their commander in the law out there that prohibits local law country that they came from. About 2 White House that enforcing the law is enforcement from enforcing Federal percent of those that arrived at Ellis a bad idea? That’s problematic. And immigration law. That isn’t all a mat- Island were put back on the boat and then that spills over until you have ter of their issue. They’re contriving sent back to the country they came somebody who is charged and his whole arguments that help them arrive at a from because the United States of job is enforcing the immigration laws, result that they want, which is open America was filtering for good physical and he says, if Arizona sends somebody borders, full-bore amnesty, paths to specimens, good mental specimens, that they have detained because citizenship, more voters, more people generally, people who could sustain they’re illegally in the country, he coming into the United States to cash themselves in this growing country, a may not even enforce the law. See, into this giant ATM called America. meritocracy. But today it’s anything that flies in the face, just like the And there was a point that was raised but. President’s quote says. There’s a great this morning in a breakfast that I Only 7 to 11 percent of the legal im- amount of risk when the core values hosted for the Conservative Oppor- migration in America is based on that we’ve taught our children, that we tunity Society. I will put it this way, merit. The rest of it is completely out all care about, are breached. since it’s a confidential discussion that of our control, with family reunifica- And I’m telling you, when you have takes place in there. It was raised by tion and a whole lot of other plans someone in the Federal Government one of the members from the upper under the sun, but not based on merit. charged with enforcing the law and Midwest, and I’ll call it a rust belt And what kind of a country would not they’re being taught, and it’s coming State, who said he has watched as gen- establish an immigration policy de- top down, ignore the law, don’t enforce erations of Americans have arrived signed to enhance the economic, the it, they’re violating all the core values here from foreign lands, different coun- social, and the cultural well-being of that we’ve tried to instill in our chil- tries other than the United States be- the United States of America? dren and the things that we grew up be- cause they had a dream, because they That’s one of my, I think, salient lieving, and this country is not the had a passion. They wanted to build on points, and I’d be happy to yield to the country we hoped for, that we dreamed that dream, and here they could have gentleman from Texas. for. It becomes like the country that so the freedom to do so. They have all the Mr. GOHMERT. Thank you. And the many immigrants flee illegally, be- constitutional rights and protections point is quite salient. And it brings to cause they’re not based, their country that man has ever known, the right to a point something I think my friend does not have the rule of law that’s in property, the rule of law, in a nation from Iowa and I can agree with part of force. Too much graft and corruption. that was founded on Judeo-Christian the quote from our President that was You come to this country, don’t ask principles, which means we need less quoted by President Calderon. And to us to ignore the rule of law. Some of law enforcement than anybody else in give you the exact quote again, Presi- us, like 4 years I had in the Army, time the world. And people came here to dent Calderon, in talking about the Ar- as a prosecutor, as a judge, as a chief build on that, and that vitality is a izona law said that ‘‘it introduces a justice, 51⁄2 years in Congress, taking great core of the American experience terrible idea using racial profiling as a that oath that was given by the Speak- and the American civilization. basis for law enforcement.’’ Now, that er to the new Congressman DJOU from But he raised the point that, when is just blatantly not true, absolutely Hawaii, I mean, we took an oath to fol- you start bringing in tens of millions not true. Using racial profiling as a low the law and we’re supposed to sup- of people who come here for a different basis for law enforcement. That is, it port and defend the Constitution. This reason, a different reason rather than flies in the face of the facts and the flies in the face of all those oaths when to build, that people coming here be- facts of this bill. you say ignore the law, it means noth- lieving that they can cash in on the But then he goes on, and here’s the ing; we’ll get around to enforcing it welfare state, that there is somebody part where I believe my friend would some day down the road. It means I’ve else that’s going to do the work and agree with me in congratulating the spent most of my adult life for nothing there’s going to be money that gets President, not on the first part of the because the rule of law means nothing. kicked out of this government ma- quote, because he’s applying this to the So I would implore people, do not chine—this giant ATM is the shorthand Arizona law, but he says the new law come to this country and ask me to say that I use for it—he worries about the ‘‘carries a great amount of risk when that my adult life has been for nothing, future of our Nation because they and core values that we all care about are because the rule of law means some- their children and their children’s chil- breached.’’ But the part that is in there thing. It means nothing to them. It dren would have a different view about is so important to us in the United does mean something. It’s meant some- what the work ethic is, for example; States, and that is that there is ‘‘a thing to me, and it always will, be- the responsibilities we have to stand up great amount of risk when core values cause I know, and I know my friend and support the rule of law and hold that we all care about are breached.’’ from Iowa knows, I know the Speaker everyone accountable to the American Now, I grew up with my mother and knows, if we don’t have the rule of law Dream, which embodies a responsi- dad telling me if I ever have an emer- that’s applied across the board, and I bility that we have to utilize this bless- gency, if I’m ever in trouble, look for think better in this country than in ing that we have that’s passed to us someone in uniform because I can trust any country in the history of the from the previous generations and to them. That’s the way I grew up in world, then we devolve into the ashes

VerDate Mar 15 2010 04:03 May 27, 2010 Jkt 089060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\K26MY7.072 H26MYPT1 rfrederick on DSKD9S0YB1PROD with HOUSE H3866 CONGRESSIONAL RECORD — HOUSE May 26, 2010 from which we rose, and we are just a our rights come from God, and that we points into the United States. All of historic memory and nothing more. hold these truths to be self-evident, that is part of the picture. We haven’t I yield back to my friend from Iowa. that all men are created equal, and we addressed our side of this problem very b 2250 are endowed by our Creator with cer- well at all. And we point our finger at tain unalienable rights, and among Mexico. I want them to do their job Mr. KING of Iowa. I thank my friend them are life, liberty, and the pursuit too. from Texas. I am standing here listen- of happiness, Mr. Speaker. But we can, by golly, shut off the ing, thinking about what it means to And America was founded by a Na- bleeding at the border. That we can do. be in a country that in the history of tion who believed in freedom, a Nation And there are $60 billion a year that the world there has been no country of farmers and small shopkeepers, a are wired out of the United States into that has more profound respect for the Nation that rejected the aristocracy, a the Western Hemisphere, points south. rule of law. And the thought that all Nation that wrote in its Constitution About $30 billion of it goes into Mexico; this life in the law as a prosecutor, as that we are not going to confer any about $30 billion goes into Central a judge, as a Supreme Court Justice, title or royalty on anybody in this America, the Caribbean, and South all of that activity, to have someone country. We are going to shed those America. And the Drug Enforcement declare that it’s all for nothing, that it trappings of royalty, and we are going Agency does not even have an estimate really didn’t have any meaning, that to be a Nation that is empowered from on what percentage of that $60 billion behind it all it was a facade that was rights that come from God that come is laundered illegal drug money. simply there to facilitate somebody’s directly to the people, and the people I would hang that point out there and political agenda is what it would come bestow the responsibility on govern- yield to the gentleman from Texas. down to. ment. That’s what America was found- Mr. GOHMERT. Thank you. Some And I think back throughout this ed upon. say, well, if you are a caring Nation course of history. And earlier I spoke And we believed for a long time that then you ought to just welcome any- of the Greeks, but I would take this our voices mattered. We have been en- body that wants to come. The problem law, this rule of law back to Rome, gaging in these debates well before the is because this Nation has been so rich- Roman law, Roman law that survived Declaration of Independence. Patrick ly blessed, and because we have been a the Dark Ages and manifested itself as Henry’s speech was a manifestation of Nation that believed in the rule of law the foundation of old English common many decades of Americans seeking to and enforced it more fairly across the law, that came across to this country rule themselves before they threw the board than any nation in the history of and arrived here, let me suggest, with yoke of King George off in 1776 and cul- the world, then opportunities have the Mayflower 390 years ago, with the minated with the ratification of the abounded here. And so it has been a Pilgrims who came over here for reli- Constitution beginning in 1787 and fin- draw. gious liberty and religious freedom to ishing in 1789. And I know my friend from Iowa was get out from underneath the thumb of We are a different Nation. When I chairman of the Immigration Sub- the King, and also to be able to worship asked the Historian of Mexico in Mex- committee on which I was privileged to as they pleased, and those traditions of ico City a couple of years ago about the serve, and so I know he is aware of old English common law that came colonial experience of Mexico versus these statistics, but it’s estimated that here. the colonial experience of the United between out of the over 6 billion people But the injustices that still came States, his response was, well, about 7 in the world that 1 billion to 1.5 billion from English common law were the in- percent of Mexico are the aristocracy, people in the world would like to come justices that were corrected in a large and they have run their country from to America. And as most folks know, way in the traditions and defined in the beginning. And 93 percent are the we have over 300 million in this coun- the Declaration and corrected in the people who are being run. And they try now. Constitution of the United States. have no tradition of being able to have But if we were to just say there are We are here and one of the reasons a voice that actually changed and no borders, you want to come, come on, that we are a great Nation, one of the shifted the government and directed we are just giving up on our obligation reasons that we are the unchallenged the government. Not a government of to protect the economy and the people greatest Nation in the world is because the people, but a government of the ar- and the way of life in this country, so one of the essential pillars of American istocracy run for the aristocracy that come on. One billion to 1.5 billion peo- exceptionalism is the rule of law, Mr. managed and controls the people. ple would overwhelm this Nation. It Speaker. Now, I hope President Calderon is could no longer be the greatest Nation When we look at the difference be- breaking that mold. I hope Vicente Fox in the world because you couldn’t have tween the country represented by started it along the way, and I hope an organized, sustained society with a President Calderon and the country President Calderon is breaking that government that functioned. It would represented by President Obama, our mold. And I applaud him for the coura- be overwhelmed. traditions are entirely different. As I geous approach that he has had in tak- So in order to continue to be that listened to President Calderon’s ing on the drug cartels. They have suf- light on the hill, that beacon that speech, he said we are founded on the fered thousands and thousands of cas- Reagan talked about, we have to make same principles. He said they were ualties in the middle of this war sure that we have managed immigra- founded 200 years ago on the same prin- against the drug cartels, but they have tion, that we continue to be a beacon ciples as the United States is my recol- a very heavy lift down there. It isn’t so people want to come here, but that lection from the speech. I don’t have it that Mexico mirrors that experience of we control the immigration so it in front of me. the United States, in my view. I think doesn’t overwhelm the economy so It struck me that I would like to ask it’s a different history, it’s a different that this becomes a matter of regret that question of him personally to ex- experience, it’s a different culture, and for those who have come here. plain that to me, how we are founded a different set of traditions. Now, I know, as my friend from Iowa on the same principles, the right to life And, yes, we can be friends, and we has done, and I guess most of us, assist and liberty and the pursuit of happi- are trading partners, and we need to people who have immigration prob- ness. Could that be in a Mexican Con- enhance those trades. And I want to be lems. And so we have some wonderful stitution somewhere that is 200 years supportive of the effort to shut down dear Hispanic friends, constituents old? I am not aware of that. I hope it the drug cartels. And we have, Mr. whom we are helping to try to legally is. I hope I just missed it, but I am not Speaker, a responsibility in this coun- get in family because they want to aware of that. try to shut down illegal drug consump- abide by the law. They want to do the Life, liberty, and the pursuit of hap- tion so that we can turn down the mag- right thing because they know the law piness, Mr. Speaker. This country was net that draws so many illegal dollars is important. founded for religious liberty. It was out of the United States into Mexico And some people that I love very founded on the rule of law. It was and the violence that’s committed dearly are Hispanic immigrants. And, founded on the basic principles that there and points south, and there and you know, having been invited to come

VerDate Mar 15 2010 04:03 May 27, 2010 Jkt 089060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\K26MY7.074 H26MYPT1 rfrederick on DSKD9S0YB1PROD with HOUSE May 26, 2010 CONGRESSIONAL RECORD — HOUSE H3867 to family functions and back when I our blessed religion, and without an We found out, when Congressman was a judge, one of the great honors of humble limitation of whose example in TED POE, also a former judge from my time as a judge was to marry a cou- these things, we can never hope to be a Texas, asked him the question, have ple. And her parents were immigrants. happy Nation. you read the bill? He said, no, he And it was just so moving. It brought He signed it, I have the honor to be, hadn’t. He hadn’t been briefed on the tears to my eyes. But I look around at with great respect and esteem, your bill. this Hispanic group of family, and what Excellency’s most obedient and very But he had a few things to say about comes to my mind when I am with humble servant, George Washington. it, and prior to the Judiciary Com- them, when I see them is they believe Now, that’s a resignation, that’s a mittee, about its lack of constitu- in the things that made America great. prayer. tionality. Well, that’s the Attorney This family, these dear friends, they Mr. KING of Iowa. Did he sign that in General, who also testified that he is a believe in God, they have a love of fam- the year of our Lord? nonpartisan office, that he is simply ily that’s unrivaled, and they have a Mr. GOHMERT. This resignation he going to enforce the law. hard-work ethic like virtually nobody did not, but, of course, we know that Then we have the Secretary of Home- most things were signed in the year of else can even aspire to. It’s a beautiful land Security, Janet Napolitano, and our Lord, including our Constitution. thing. And I have great hopes that she had remarks to make about how So I find it remarkable when some peo- those three things that you find gen- the bill could be used for racial ple around here have said, well, it erally so often in Hispanic commu- profiling. It’s obvious that she didn’t would be unconstitutional to sign nities are what’s going to reinvigorate read the bill. In fact, she confessed to things around here in the year of our this country and get us back on track Senator MCCAIN in a hearing that she Lord. I pointed out how can it be un- and get us back to the very things didn’t read the bill. constitutional to sign things in the George Washington prayed for this Then we had the Assistant Secretary year of our Lord, whatever the year country when he resigned as com- of Homeland Security, who heads up number is, when that is exactly how ICE, John Morton, who made a state- mander in chief of the Revolutionary the Constitution itself is signed and military. Those are good things. ment, I believe it was to The Chicago dated. Tribune newspaper, that he wasn’t But we owe it to all of the people, Mr. KING of Iowa. I reflect back on committed to necessarily picking up those who have immigrated legally, talking about George Washington and the individuals that would be incarcer- those who have been here, grand- the eloquence that he had and the love ated by Arizona law enforcement that children, great grandchildren of immi- for his fellow man and for his country grants, people that are Native Ameri- and how great it would have been if had violated U.S. and Arizona immi- cans, we owe it to all of them to keep Fidel Castro would have stepped down gration law. The law enforcement officer, the this country strong so it continues to about the time that he finished a term chief law enforcement officer for Immi- be a land of opportunity. or two in Cuba and how much different gration and Customs Enforcement, b 2300 this Western Hemisphere would be. What if we didn’t have people like sent a message, not yet to be retracted, I come back to that prayer that Hugo Chavez down there that seek to that he wouldn’t commit to picking up George Washington had when he wrote, be President for life and impose their these individuals that had been picked himself, that was at the end of his res- version of Marxism, their version of up by Arizona law enforcement, be- ignation, and of course, it was the only emperor’s law, which is one of the cause he disagreed with the law. time in human history where someone foundations of empire. If you look Breathtaking. led a revolutionary military, won the around and you look at empires, they What would George Washington have revolution, and then resigned and went are run by emperors. They are run by said to think that the top enforcer of home. Never happened before, never the law of the emperor, not the law American immigration law, the Assist- happened since. that comes from God that sees justice ant Secretary of Homeland Security At the end, Washington’s words were blindly, and the level kind of justice John Morton, would even intimate that these, I now make it my earnest prayer for whomever it might be, rich or poor. he had any options about enforcing the that God would have you in the state I am thinking about this Arizona law law? over which you preside in his holy pro- again and how it’s been misrepresented I would say, Mr. Speaker, that it tection. across this country. I am not very for- isn’t his option. It’s not the option of I know my friend had people, as an giving for what has happened here. the President of the United States to employer, providing paychecks, you When you have the highest official and decide whether to enforce the law. It’s probably had people resign. You may officials in the United States Govern- not the option of the Attorney General not have had people put prayers like ment that either shoot from the hip or to decide whether to enforce a law, or, this on the end of their resignation, willfully misinform the American peo- the Secretary of Homeland Security, or but Washington goes on that he, God, ple, and it starts with the President of the Assistant Secretary of the Immi- would incline the hearts of the citizens the United States himself. gration and Customs Enforcement; to cultivate a spirit of subordination When the Arizona law was passed he none of them have the option. They are and, get this, and obedience to govern- almost immediately said that a mother executive branch employees. Their ment. To entertain a brotherly affec- and her daughter could be going to get oath is to uphold the Constitution to tion and love for one another, for their some ice cream, and they could be tar- the best of their ability and to faith- fellow citizens of the United States, geted because of how they looked and fully execute the laws. That’s their job. and particularly for the brethren who be required to produce their papers. This Congress sets the legislation have served in the field, and, finally, That was a race card thrown into the and sets its policy. The executive that he would most graciously be middle of this debate based upon no branch carries it out. They don’t get to pleased to dispose us all to do justice. fundamental facts, Mr. Speaker. have discretion. I will submit to John That’s part of the prayer. How can Then behind that we had Eric Holder Morton, Janet Napolitano, Eric Holder, you do justice? You follow the law. You the Attorney General, testifying before or even President Obama. President are just. To the rich and the poor you the Judiciary Committee a week and a Obama could do a John Adams. are just to everyone. Race, creed, color, half ago, if I recall correctly, about a Come back here, run for office, come nationality, religion, prayer, that was week and a half ago with Eric Holder. to Congress. If you like to set policy, part of Washington’s prayer. As he was asked these series of ques- get in the legislative business. Don’t be Then he goes on to love mercy, you tions, he had made the point that he in the enforcement business. can’t have mercy unless you have jus- thought that there was a potential for I am not seeking to enforce a law tice in the first place. racial profiling that could take place. myself. I am saying here is the law. Washington goes on: And to demean Then, Mr. Speaker, we found out, and I The Federal Government has immigra- ourselves with a charity, humility, and think Eric Holder may know by now, tion law, and you have an obligation, if pacific timbre of mind which were the that he misunderstood the law, but he you are the President of the United characteristics of the divine author of hadn’t read the law. States, or an executive branch officer

VerDate Mar 15 2010 04:03 May 27, 2010 Jkt 089060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\K26MY7.076 H26MYPT1 rfrederick on DSKD9S0YB1PROD with HOUSE H3868 CONGRESSIONAL RECORD — HOUSE May 26, 2010 with that duty, to enforce that law. posedly, according to Holder’s testi- Ms. KILPATRICK of Michigan (at the Our job is to set the policy and pass the mony—at the direction of the ACLU request of Mr. HOYER) for today. laws. and MALDEF and LARASA and the Ms. JACKSON LEE of Texas (at the re- You know, I will go even further. Mi- other organizations, SEIU and many quest of Mr. HOYER) for today after 2:30 chael Posner, Assistant Secretary of others that are hardcore, leftist organi- p.m. State, he said he brought it up early zations in this country. f and often to the Chinese that we had a If we’re going to have the rule of law, problem with a law in Arizona that it’s got to be impartial. It’s got to be SPECIAL ORDERS GRANTED could bring about racial profiling. objective. It’s got to be constitutional. By unanimous consent, permission to These are the people, we have got 40,000 It’s got to be statutory, and it’s got to address the House, following the legis- Chinese in the United States that have be consistent with case law. Arizona’s lative program and any special orders been adjudicated for deportation. The law is all of those things, but this Jus- heretofore entered, was granted to: Chinese won’t take them back. And we tice Department’s unjustified attack (The following Members (at the re- are sending them some 550-year-old on Arizona is anything but. quest of Mr. TOWNS) to revise and ex- bones from paleovertebrates, so they Mr. Speaker, I yield the balance of tend their remarks and include extra- can keep their artifacts straight. my time to the gentleman from Texas. neous material:) We need to send them the 40,000 Chi- Mr. GOHMERT. I just want to say, Mr. TOWNS, for 5 minutes, today. nese that they won’t take, deport them the President said he would fundamen- Mr. HASTINGS of Florida, for 5 min- as well as the bones, Mr. Speaker. And, tally transform America. And when the utes, today. additionally, Felipe Calderon on top of executive branch charged with enforc- Ms. BEAN, for 5 minutes, today. this. The American people have been ing the laws of the country won’t read Ms. WOOLSEY, for 5 minutes, today. misinformed by the President, by the them, won’t follow them, and won’t en- Mr. DAVIS of Illinois, for 5 minutes, Attorney General, by the Secretary of force them, that’s a fundamental trans- today. formation. Homeland Security, the Assistant Sec- Ms. KAPTUR, for 5 minutes, today. Our friend, CYNTHIA LUMMIS from retary of Homeland Security, by the Mr. DEFAZIO, for 5 minutes, today. Wyoming, prepared this chart. One Assistant Secretary of State Posner. Ms. LINDA T. SA´ NCHEZ of California, final note on fundamental trans- Then the President of Mexico takes his for 5 minutes, today. formation: This chart, when you have talking points from the White House (The following Members (at the re- the blue line, the private job sector hir- and comes to this floor and lectures quest of Mr. POE of Texas) to revise and ing, shooting down like this and the and chastises us that we have a law extend their remarks and include ex- red line, the public government hiring, here, that I will say is completely con- traneous material:) shooting up like that, you have fun- stitutional. I will make this further Mr. BOOZMAN, for 5 minutes, today. damentally transformed America. prediction, Mr. Speaker, and that is With that, I yield. Mr. WHITFIELD, for 5 minutes, May 27. that the announcement came out today Mr. KING of Iowa. Reclaiming my f that the Justice Department under time and, Mr. Speaker, yielding back ENROLLED BILL SIGNED Eric Holder now has a legal brief that the balance, should there be any. recommends that they bring suit Lorraine C. Miller, Clerk of the f against Arizona. House, reported and found truly en- REPORT ON RESOLUTION PRO- rolled a bill of the House of the fol- b 2310 VIDING FOR CONSIDERATION OF lowing title, which was thereupon Here is my prediction: ACLU has SENATE AMENDMENT TO H.R. signed by the Speaker: written that legal brief for the Justice 4213, TAX EXTENDERS ACT OF H.R. 5139. An act to provide for the Inter- Department. That apolitical, non- 2009 national Organizations Immunities Act to be political Justice Department has a Mr. PERLMUTTER, from the Com- extended to the Office of the High Represent- brief that one day we’ll get our hands mittee on Rules, submitted a privi- ative in Bosnia and Herzegovina and the International Civilian Office in Kosovo. on, a draft brief. Release the draft is leged report (Rept. No. 111–497) on the what needs to happen from the Attor- resolution (H. Res. 1403) providing for f ney General. But in that draft we’ll consideration of the Senate amend- ADJOURNMENT find the ACLU that has already sued ment to the bill (H.R. 4213) to amend Mr. PERLMUTTER. Mr. Speaker, I Arizona with a 98-page case, there is the Internal Revenue Code of 1986 to the document that they’re using to put move that the House do now adjourn. extend certain expiring provisions, and The motion was agreed to; accord- their brief together in the Justice De- for other purposes, which was referred partment. ingly (at 11 o’clock and 13 minutes to the House Calendar and ordered to p.m.), the House adjourned until to- The President gave the order to the be printed. Attorney General to look into Arizo- morrow, Thursday, May 27, 2010, at 10 na’s law. And the Justice Department, f a.m. under Attorney General Holder, looked REPORT ON RESOLUTION PRO- f at the lawsuit that’s been brought by VIDING FOR CONSIDERATION OF EXECUTIVE COMMUNICATIONS, the ACLU and MALDEF and other or- H.R. 5136, NATIONAL DEFENSE ETC. ganizations that are hardcore left AUTHORIZATION ACT FOR FIS- wing, including SEIU, and they have CAL YEAR 2011. Under clause 2 of rule XIV, executive communications were taken from the lifted the language right out of that Mr. PERLMUTTER, from the Com- Speaker’s table and referred as follows: lawsuit, and that will be the draft, Mr. mittee on Rules, submitted a privi- Speaker. That’s my prediction. I put leged report (Rept. No. 111–498) on the 7649. A letter from the Director, Regu- latory Management Division, Environmental my marker down. When we get our resolution (H. Res. 1404) providing for hands on the draft from the Attorney Protection Agency, transmitting the Agen- consideration of the bill (H.R. 5136) to cy’s final rule — Cyprodinil; Pesticide Toler- General’s office, I will take that draft authorize appropriations for fiscal year ances [EPA-HQ-OPP-2009-0551; FRL-8818-8] and I will take the language and I will 2011 for military activities of the De- received April 28, 2010, pursuant to 5 U.S.C. highlight the language right out of the partment of Defense, to prescribe mili- 801(a)(1)(A); to the Committee on Agri- ACLU’s lawsuit. And I’ll show you how tary personnel strengths for such fiscal culture. the Justice Department lifted that lan- year, and for other purposes, which was 7650. A letter from the Director, Regu- guage out of the lawsuit of the ACLU referred to the House Calendar and or- latory Management Division, Environmental Protection Agency, transmitting the Agen- and MALDEF—the Mexican American dered to be printed. Legal Defense Foundation—and put it cy’s final rule — Phosphate Ester, f Tallowamine, Ethoxylated; Exemption from right into their draft advisory. And the LEAVE OF ABSENCE the Requirement of a Tolerance [EPA-HQ- Federal Government will be conducting OPP-2009-0165; FRL-8816-4] received April 28, and carrying out the order of the Presi- By unanimous consent, leave of ab- 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the dent—in a nonpolitical office, sup- sence was granted to: Committee on Agriculture.

VerDate Mar 15 2010 04:10 May 27, 2010 Jkt 089060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\K26MY7.078 H26MYPT1 rfrederick on DSKD9S0YB1PROD with HOUSE May 26, 2010 CONGRESSIONAL RECORD — HOUSE H3869 7651. A letter from the Director, Regu- [EPA-R10-OW-2010-0086; FRL-9143-2] received PUBLIC BILLS AND RESOLUTIONS latory Management Division, Environmental April 28, 2010, pursuant to 5 U.S.C. Protection Agency, transmitting the Agen- 801(a)(1)(A); to the Committee on Transpor- Under clause 2 of rule XII, public cy’s final rule — Spirodiclofen; Pesticide tation and Infrastructure. bills and resolutions of the following Tolerances [EPA-HQ-OPP-2009-0139; FRL- 7661. A letter from the Administrator, titles were introduced and severally re- 8820-4] received April 28, 2010, pursuant to 5 FEMA, Department of Homeland Security, ferred, as follows: U.S.C. 801(a)(1)(A); to the Committee on Ag- transmitting the Department’s report on the By Mr. YOUNG of Alaska: riculture. Preliminary Damage Assessment informa- H.R. 5402. A bill to amend the Alaska Na- 7652. A letter from the Under Secretary, tion on FEMA-1882-DR for the District of Co- tive Claims Settlement Act to provide for Department of Defense, transmitting the De- lumbia; jointly to the Committees on Trans- equitable allotment of lands to Alaska Na- partment’s report on the Critical Skills Re- portation and Infrastructure, Appropria- tive veterans; to the Committee on Natural tention Bonus (CSRB) program, pursuant to tions, and Homeland Security. Resources. 37 U.S.C. 355(h); to the Committee on Armed 7662. A letter from the Administrator, By Mr. YOUNG of Alaska: Services. FEMA, Department of Homeland Security, H.R. 5403. A bill to direct the Secretary of 7653. A letter from the Acting Fiscal As- transmitting the Department’s report on the Defense to temporarily adjust the reimburse- sistant Secretary, Department of the Treas- Preliminary Damage Assessment informa- ment rates for TRICARE claims in Alaska; ury, transmitting the Department’s annual tion on FEMA-1886-DR for the State of South to the Committee on Armed Services. report on material violations or suspected Dakota; jointly to the Committees on Trans- By Mr. YOUNG of Alaska: material violations of regulations relating to portation and Infrastructure, Appropria- Treasury auctions and other Treasury secu- tions, and Homeland Security. H.R. 5404. A bill to amend title 10, United rities offerings during the period January 1, 7663. A letter from the Administrator, States Code, to authorize space-available 2009 through December 31, 2009, pursuant to FEMA, Department of Homeland Security, travel on military aircraft for a member or Public Law 103-202, section 202; to the Com- transmitting the Department’s report on the former member of a reserve component who mittee on Financial Services. Preliminary Damage Assessment informa- is eligible for retired pay but for age and for 7654. A letter from the Director, Regu- tion on FEMA-1887-DR for the State of South dependents of the member who accompany latory Management Division, Environmental Dakota; jointly to the Committees on Trans- the retiree; to the Committee on Armed Protection Agency, transmitting the Agen- portation and Infrastructure, Appropria- Services. cy’s ‘‘Major’’ final rule — Lead; Amendment tions, and Homeland Security. By Mr. RADANOVICH: to the Opt-out and Recordkeeping Provisions 7664. A letter from the Administrator, H.R. 5405. A bill to provide for a visitor in the Renovation, Repair, and Painting Pro- FEMA, Department of Homeland Security, center for visitors to Yosemite National gram [EPA-HQ-OPPT-2005-0049; FRL-8823-7] transmitting the Department’s report on the Park, and for other purposes; to the Com- (RIN: 2070-AJ55) received April 28, 2010, pur- Preliminary Damage Assessment informa- mittee on Natural Resources. suant to 5 U.S.C. 801(a)(1)(A); to the Com- tion on FEMA-1885-DR for the State of Kan- By Mr. SMITH of Washington (for him- mittee on Energy and Commerce. sas; jointly to the Committees on Transpor- self and Ms. SHEA-PORTER): 7655. A letter from the Director, Regu- tation and Infrastructure, Appropriations, H.R. 5406. A bill to establish the Corporate latory Management Division, Environmental and Homeland Security. Subsidy Reform Commission to review and Protection Agency, transmitting the Agen- identify inequitable Federal subsidies and f cy’s final rule — Mandatory Reporting of make recommendations for termination, Greenhouse Gases: Minor Harmonizing REPORTS OF COMMITTEES ON modification, or retention of such subsidies, Changes to the General Provisions [EPA-HQ- PUBLIC BILLS AND RESOLUTIONS and to state the sense of the Congress that OAR-2008-0508; FRL-9143-5] (RIN: 2060-AQ15) the Congress should promptly consider legis- received April 28, 2010, pursuant to 5 U.S.C. Under clause 2 of rule XIII, reports of lation that would make the changes in law 801(a)(1)(A); to the Committee on Energy and committees were delivered to the Clerk necessary to implement the recommenda- Commerce. for printing and reference to the proper tions; to the Committee on Oversight and 7656. A letter from the Director, Regu- calendar, as follows: Government Reform, and in addition to the latory Management Division, Environmental Committee on Ways and Means, for a period Protection Agency, transmitting the Agen- Mr. SKELTON: Committee on Armed Serv- ices. Supplemental report on H.R. 5136. A bill to be subsequently determined by the Speak- cy’s final rule — Approval and Promulgation er, in each case for consideration of such pro- of Air Quality Implementation Plans; Colo- to authorize appropriations for fiscal year 2011 for military activities of the Depart- visions as fall within the jurisdiction of the rado; Revisions to Regulation Number 1 committee concerned. [EPA-R08-OAR-2009-0790; FRL-9114-3] re- ment of Defense, to prescribe military per- sonnel strengths for such fiscal year, and for By Mr. SMITH of Washington: ceived April 28, 2010, pursuant to 5 U.S.C. H.R. 5407. A bill to establish the Program 801(a)(1)(A); to the Committee on Energy and other purposes (Rept. 111–491, Pt. 2). Mr. FRANK of Massachusetts: Committee Reform Commission to review and identify Commerce. unnecessary Federal programs and make rec- 7657. A letter from the Director, Regu- on Financial Services. H.R. 5114. A bill to ex- ommendations for termination, modifica- latory Management Division, Environmental tend the authorization for the national flood tion, or retention of such programs, and to Protection Agency, transmitting the Agen- insurance program, to identify priorities es- express the sense of the Congress that the cy’s final rule — Approval and Promulgation sential to reform and ongoing stable func- Congress should promptly consider legisla- of Air Quality Implementation Plans; Texas; tioning of the program, and for other pur- tion that would make the changes in law Revisions to the Discrete Emission Credit poses; with an amendment (Rept. 111–495). necessary to implement the recommenda- Banking and Trading Program [EPA-R09- Referred to the Committee of the Whole tions; to the Committee on Oversight and OAR-2010-0148; FRL-9151-6] received April 28, House on the State of the Union. Government Reform. 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the Ms. ZOE LOFGREN of California: Com- By Mr. GOODLATTE (for himself, Mr. Committee on Energy and Commerce. mittee on Standards of Official Conduct. Re- SCHIFF, Mr. SMITH of Texas, and Mr. 7658. A letter from the Director, Regu- port of the Committee on Standards of Offi- PUTNAM): latory Management Division, Environmental cial Conduct (Rept. 111–496). Referred to the Protection Agency, transmitting the Agen- House Calendar. H.R. 5408. A bill to amend title 18, United cy’s final rule — Approval and Promulgation Mr. HASTINGS of Florida: Committee on States Code, to change the state of mind re- of Air Quality Implementation Plans; Texas; Rules. House Resolution 1403. Resolution quirement for certain identity theft offenses, Revisions to the Emission Credit Banking providing for consideration of the Senate and for other purposes; to the Committee on and Trading Program [EPA-R06-OAR-2010- amendment to the bill (H.R. 4213) to amend the Judiciary. 0147; FRL-9151-5] received April 28, 2010, pur- the Internal Revenue Code of 1986 to extend By Mr. MILLER of North Carolina (for suant to 5 U.S.C. 801(a)(1)(A); to the Com- certain expiring provisions, and for other himself, Mr. BACA, and Mrs. mittee on Energy and Commerce. purposes (Rept. 111–497). Referred to the MALONEY): 7659. A letter from the Chairman, Federal House Calendar. H.R. 5409. A bill to establish the Residen- Election Commission, transmitting the Com- Ms. PINGREE of Maine: Committee on tial Construction Loan Guarantee Program mission’s final rule — Participation by Fed- Rules. House Resolution 1404. Resolution to guarantee loans made to eligible home eral Candidates and Officeholders at Non- providing for consideration of the bill (H.R. building companies for viable building Federal Fundraising Events [Notice 2010-11] 5136) to authorize appropriations for fiscal projects; to the Committee on Financial received May 4, 2010, pursuant to 5 U.S.C. year 2011 for military activities of the De- Services. 801(a)(1)(A); to the Committee on House Ad- partment of Defense, to prescribe military By Mr. LIPINSKI: ministration. personnel strengths for such fiscal year, and H.R. 5410. A bill to amend the Federal Elec- 7660. A letter from the Director, Regu- for other purposes; waiving a requirement of tion Campaign Act of 1971 to prohibit cor- latory Management Division, Environmental clause 6(a) of rule XIII with respect to con- porations which are subject to certain crimi- Protection Agency, transmitting the Agen- sideration of certain resolutions reported nal or civil sanctions from engaging in cam- cy’s final rule — Ocean Dumping; Designa- from the Committee on Rules; and for other paign-related activity under such Act, and tion of Ocean Dredged Material Disposal purposes (Rept. 111–498). Referred to the for other purposes; to the Committee on Sites offshore of the Sinuslaw River, Oregon House Calendar. House Administration.

VerDate Mar 15 2010 04:10 May 27, 2010 Jkt 089060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\L26MY7.000 H26MYPT1 rfrederick on DSKD9S0YB1PROD with HOUSE H3870 CONGRESSIONAL RECORD — HOUSE May 26, 2010 By Ms. KOSMAS: other purposes; to the Committee on Ways minations for the area of Flint Hills; to the H.R. 5411. A bill to direct the Secretary of and Means. Committee on Energy and Commerce. Commerce to establish an early-stage busi- By Mr. NEUGEBAUER (for himself, 300. Also, a memorial of the House of Rep- ness investment and incubation grant pro- Mr. CHAFFETZ, Mr. BURGESS, Mr. resentatives of the State of Idaho, relative to gram, and for other purposes; to the Com- BARTLETT, Mr. ISSA, Mr. BRADY of House Concurrent Resolution No. 64 urging mittee on Transportation and Infrastruc- Texas, Mr. AKIN, Mr. MARCHANT, Mr. the Congress to amend the Tenth Amend- ture, and in addition to the Committee on BROWN of South Carolina, Mr. POSEY, ment; to the Committee on the Judiciary. Financial Services, for a period to be subse- Mr. ROONEY, Mr. FLEMING, Mr. f quently determined by the Speaker, in each BISHOP of Utah, Mr. KING of Iowa, Mr. case for consideration of such provisions as GOHMERT, Mr. FRANKS of Arizona, Mr. ADDITIONAL SPONSORS fall within the jurisdiction of the committee SHADEGG, Mr. WILSON of South Caro- Under clause 7 of rule XII, sponsors concerned. lina, and Mr. LAMBORN): were added to public bills and resolu- By Ms. BEAN (for herself, Mrs. H.J. Res. 87. A joint resolution proposing DAHLKEMPER, Mr. PETERS, Mr. MUR- an amendment to the Constitution of the tions as follows: PHY of New York, Mr. QUIGLEY, Mr. United States; to the Committee on the Ju- H.R. 147: Mr. SCHIFF and Ms. LORETTA BRIGHT, Ms. MARKEY of Colorado, Mr. diciary. SANCHEZ of California. MICHAUD, Mr. LIPINSKI, Mr. ELLS- By Mr. JORDAN of Ohio (for himself H.R. 272: Mr. BLUNT. WORTH, Mr. POLIS, Mr. COOPER, Mr. and Mr. PRICE of Georgia): H.R. 413: Mr. SCHAUER. KLEIN of Florida, Mr. MOORE of Kan- H. Con. Res. 281. Concurrent resolution es- H.R. 442: Mr. GINGREY of Georgia. sas, Mr. HILL, Mr. WELCH, and Mrs. tablishing the congressional budget for the H.R. 460: Ms. TITUS. HALVORSON): United States Government for fiscal year H.R. 716: Ms. TITUS. H.R. 5412. A bill to amend the Small Busi- 2011, revising the appropriate budgetary lev- H.R. 1194: Mr. PAULSEN. ness Investment Act of 1958 to increase max- els for fiscal year 2010, and setting forth the H.R. 1205: Mr. HASTINGS of Florida and Mr. imum loan amounts under the program in appropriate budgetary levels for fiscal years WU. title V of that Act, to provide temporary au- 2012 through 2020; to the Committee on the H.R. 1826: Ms. VELA´ ZQUEZ. thority for debt refinancing of commercial Budget. H.R. 1844: Mr. BLUMENAUER. real estate, and for other purposes; to the By Ms. ZOE LOFGREN of California: H.R. 1884: Mr. SHULER, Mr. HALL of New Committee on Small Business. H. Res. 1397. A resolution electing a Mem- York, and Mr. CONNOLLY of Virginia. By Mr. BACA (for himself, Mr. KILDEE, ber to certain standing committees of the H.R. 1925: Mr. GRAYSON. Mr. GRIJALVA, Mr. BOREN, Ms. RICH- House of Representatives; considered and H.R. 2000: Mr. REHBERG. ARDSON, Mr. HONDA, and Mr. LUJA´ N): agreed to. considered and agreed to. H.R. 2030: Mr. SMITH of Washington. H.R. 5413. A bill to authorize the Pechanga By Mr. ACKERMAN: H.R. 2103: Mr. SMITH of Washington and Ms. Band of Luiseno Mission Indians Water H. Res. 1398. A resolution recognizing the PINGREE of Maine. Rights Settlement, and for other purposes; contributions of university and college im- H.R. 2159: Mr. HONDA, Mr. ROTHMAN of New to the Committee on Natural Resources. migrant assistance programs; to the Com- Jersey, Mr. DEUTCH, and Mr. FILNER. By Mr. BROWN of South Carolina: mittee on Education and Labor. H.R. 2163: Mr. CONNOLLY of Virginia. H.R. 5414. A bill to provide for the convey- By Mr. BERRY: H.R. 2164: Mr. CONNOLLY of Virginia. ´ ance of a small parcel of National Forest H. Res. 1399. A resolution honoring the H.R. 2243: Mr. LUJAN. System land in the Francis Marion National lives, and mourning the loss, of Sergeant H.R. 2305: Mr. BARRETT of South Carolina. H.R. 2378: Mr. HINCHEY. Forest in South Carolina, and for other pur- Brandon Paudert and Officer Bill Evans, H.R. 2381: Ms. PINGREE of Maine. poses; to the Committee on Agriculture. members of the West Memphis Police De- H.R. 2555: Ms. ESHOO. By Mr. HEINRICH (for himself, Mr. partment; to the Committee on the Judici- ´ H.R. 2733: Ms. EDDIE BERNICE JOHNSON of LUJAN, and Mr. TEAGUE): ary. Texas. H.R. 5415. A bill to designate the Memorial By Ms. LEE of California: H.R. 3077: Ms. PINGREE of Maine and Mr. of Perpetual Tears, which honors victims of H. Res. 1400. A resolution supporting the WALZ. driving while impaired, as the official Na- goals and ideals of National Caribbean Amer- H.R. 3332: Mr. KAGEN. tional DWI Victims Memorial; to the Com- ican HIV/AIDS Awareness Day, and for other H.R. 3486: Mr. LARSEN of Washington. mittee on Natural Resources. purposes; to the Committee on Energy and H.R. 3502: Mr. CLEAVER and Mr. By Mr. HELLER: Commerce. H.R. 5416. A bill to require the Secretary of GARAMENDI. By Mrs. MCCARTHY of New York (for the Interior to convey certain Federal land H.R. 3786: Mr. SCHAUER. herself and Mr. KING of New York): to Elko County, Nevada, and to take land H.R. 3924: Mr. GARY G. MILLER of Cali- H. Res. 1401. A resolution expressing grati- into trust for the Te-moak Tribe of Western fornia and Mr. COLE. tude for the contributions that the air traffic Shoshone Indians of Nevada, and for other H.R. 4051: Mrs. DAHLKEMPER, Mr. ARCURI, controllers of the United States make to purposes; to the Committee on Natural Re- and Mr. THORNBERRY. keep the traveling public safe and the air- sources. H.R. 4072: Mr. HILL. space of the United States running effi- By Ms. EDDIE BERNICE JOHNSON of H.R. 4128: Ms. SCHAKOWSKY, Mr. KILDEE, ciently, and for other purposes; to the Com- Texas: and Mr. HOLT. mittee on Transportation and Infrastruc- H.R. 5417. A bill to amend titles XIX and H.R. 4195: Mr. HOLT. ture. XVIII of the Social Security Act, as amended H.R. 4287: Mr. PERLMUTTER. By Mr. MORAN of Virginia (for him- by the Patient Protection and Affordable H.R. 4296: Mr. PLATTS. self, Mr. MANZULLO, Mr. COBLE, Mr. Care Act and the Health Care and Education H.R. 4376: Mr. FILNER, Ms. NORTON, and Ms. ELLISON, Ms. EDDIE BERNICE JOHNSON Reconciliation Act of 2010, with respect to TSONGAS. of Texas, Mr. TERRY, Mr. KIRK, Mr. payment of disproportionate share hospitals H.R. 4400: Ms. LORETTA SANCHEZ of Cali- WELCH, Ms. MCCOLLUM, Mr. PATRICK (DSH) under the Medicare and Medicaid pro- fornia. J. MURPHY of Pennsylvania, Mr. grams; to the Committee on Ways and H.R. 4494: Mr. DUNCAN. BOOZMAN, Mrs. MYRICK, Mr. ROTHMAN Means, and in addition to the Committee on H.R. 4538: Mr. HONDA. of New Jersey, Mr. REHBERG, Ms. Energy and Commerce, for a period to be H.R. 4568: Mr. SIRES. SCHAKOWSKY, and Mr. MAFFEI): subsequently determined by the Speaker, in H.R. 4598: Mr. ARCURI. H. Res. 1402. A resolution recognizing the each case for consideration of such provi- H.R. 4684: Mr. OLSON, Mr. MILLER of Flor- 50th anniversary of the National Council for sions as fall within the jurisdiction of the ida, Mr. ELLISON, Mr. HALL of Texas, Mr. International Visitors, and expressing sup- committee concerned. STUPAK, Mr. GERLACH, Ms. NORTON, Mr. port for designation of February 16, 2011, as By Mr. MCMAHON: BOREN, Mr. FILNER, Mr. LAMBORN, Mr. H.R. 5418. A bill to provide emergency op- ‘‘Citizen Diplomacy Day’’; to the Committee CAPUANO, Mr. CLAY, Mr. PETERSON, Mr. erating funds for public transportation; to on Foreign Affairs. POLIS, Mr. BRIGHT, and Ms. LEE of California. the Committee on Transportation and Infra- f H.R. 4751: Mr. HELLER. structure. H.R. 4796: Mr. LINCOLN DIAZ-BALART of By Mr. NADLER of New York: MEMORIALS Florida. H.R. 5419. A bill to amend chapter 111 of Under clause 4 of rule XXII, memo- H.R. 4914: Mrs. MALONEY, Ms. RICHARDSON, title 28, United States Code, relating to pro- Mr. SIRES, and Mr. MORAN of Virginia. rials were presented and referred as fol- tective orders, sealing of cases, disclosures of H.R. 4947: Mr. BARROW. discovery information in civil actions, and lows: H.R. 4959: Mr. RANGEL. for other purposes; to the Committee on the 299. The SPEAKER presented a memorial H.R. 4993: Ms. NORTON and Mr. MURPHY of Judiciary. of the Senate of the State of Kansas, relative Connecticut. By Mr. PERLMUTTER (for himself and to Senate Concurrent Resolution No. 1623 H.R. 5012: Mr. GRIJALVA. Mr. COFFMAN of Colorado): urging the United States Congress to require H.R. 5029: Mr. COFFMAN of Colorado, Mr. H.R. 5420. A bill to provide a tax credit for the Environmental Protection Agency to ex- PLATTS, Mr. GARRETT of New Jersey, Mr. job training by successful companies, and for clude air monitoring data from use in deter- MORAN of Kansas, and Mr. MCHENRY.

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H.R. 5032: Mr. HIMES. H.R. 5353: Mr. MCGOVERN. H. Res. 1343: Mrs. MALONEY. H.R. 5034: Mr. OBERSTAR. H.R. 5354: Mr. SPACE. H. Res. 1347: Ms. GIFFORDS, Ms. WOOLSEY, ALL IF H.R. 5079: Mr. GRIJALVA. H.R. 5357: Mr. H of Texas, Ms. G - Mr. MARIO DIAZ-BALART of Florida, Mr. FORDS ALVERT H.R. 5092: Mr. MURPHY of New York, Mr. , and Mr. C . BACHUS, Mr. CUELLAR, Mr. THOMPSON of H.R. 5374: Mr. YOUNG of Florida, Mr. MARIO DIAZ-BALART of Florida, Mr. DJOU, Pennsylvania, Mr. BRADY of Texas, Mr. GINGREY of Georgia, Mr. SHUSTER, Mr. MAN- Mr. BOSWELL, Mr. POMEROY, Mr. HINOJOSA, HASTINGS of Washington, Mr. BOUCHER, Mr. ZULLO, Mr. MARCHANT, Mr. BRADY of Texas, Mr. THOMPSON of California, Mr. YARMUTH, INSLEE, Mr. GINGREY of Georgia, Ms. WA- Mr. DANIEL E. LUNGREN of California, Mr. Mr. MARKEY of Massachusetts, Mr. INSLEE, TERS, Mr. GONZALEZ, Ms. BEAN, Mr. BILI- ISSA, Mr. BARTLETT, Mr. PENCE, Mr. and MR. HEINRICH. RAKIS, and Ms. SPEIER. H.R. 5096: Mr. GRIJALVA. LAMBORN, Mr. WILSON of South Carolina, Mr. H. Res. 1349: Mr. MEEKS of New York. H.R. 5126: Mrs. EMERSON. FRANKS of Arizona, Mr. KLINE of Minnesota, H.R. 5137: Mr. ROTHMAN of New Jersey and Mr. GOHMERT, Mr. KING of Iowa, Mr. BISHOP H. Res. 1366: Mr. MARIO DIAZ-BALART of Ms. NORTON. of Utah, Mr. FLEMING, Mr. POSEY, and Mr. Florida. H.R. 5142: Mr. DOYLE. BROWN of South Carolina. H. Res. 1370: Mr. BACA. H.R. 5151: Mr. CASTLE. H.R. 5382: Mr. PENCE, Mr. BURGESS, Mr. H. Res. 1371: Mrs. BACHMANN. H.R. 5157: Mr. MURPHY of New York. NEUGEBAUER, Mr. LAMBORN, Mr. FRANKS of H. Res. 1374: Mr. BOUSTANY, Mr. ALEX- H.R. 5214: Mr. GRAYSON, Mr. TIERNEY, Mr. Arizona, Mr. KLINE of Minnesota, Mr. ANDER, and Mr. CHAFFETZ. SESTAK, Ms. MCCOLLUM, Mr. FRANK of Massa- GOHMERT, Mr. BILBRAY, Mr. KING of Iowa, H. Res. 1385: Mr. SCALISE. chusetts, Mr. CONYERS, and Ms. DELAURO. and Mr. ROONEY. H.R. 5236: Mr. SIRES. H.R. 5396: Ms. BERKLEY and Mr. PITTS. H. Res. 1391: Mr. MCHENRY, Mr. ROE of Ten- H.R. 5258: Mr. FLAKE and Mr. LOEBSACK. H.R. 5400: Mr. FILNER, Mr. PERRIELLO, and nessee, Mr. FALEOMAVAEGA, Mr. SHERMAN, H.R. 5260: Mr. MURPHY of Connecticut, Ms. Ms. SCHWARTZ. Mr. TIBERI, Mr. HIMES, Mr. POLIS, Ms. WASSERMAN SCHULTZ, and Mrs. LOWEY. H.J. Res. 76: Mr. JONES and Mr. WALDEN. WASSERMAN SCHULTZ, Ms. HARMAN, Mr. AL- H.R. 5263: Mr. BURTON of Indiana and Mr. H. Con. Res. 261: Mr. KINGSTON. EXANDER, and Mr. KING of New York. UMMIS GRIFFITH. H. Con. Res. 265: Mrs. L . H. Res. 1396: Mr. HARE. H.R. 5268: Mr. PERRIELLO. H. Con. Res. 266: Ms. FOXX, Mr. PIERLUISI, H.R. 5289: Mr. GRIJALVA and Ms. SPEIER. Mrs. NAPOLITANO, Mr. NUNES, Mr. DAVIS of H.R. 5294: Mr. YOUNG of Alaska. Tennessee, Mr. INGLIS, and Mr. CONYERS. f H.R. 5299: Mr. GOODLATTE, Mr. MCKEON, H. Con. Res. 267: Mr. LINCOLN DIAZ-BALART Mr. POE of Texas, Mr. FORBES, Mr. of Florida. PETITIONS, ETC. MCCOTTER, Mr. COBLE, and Mr. COFFMAN of H. Con. Res. 273: Mr. PETERSON. Colorado. H. Con. Res. 274: Mrs. MCMORRIS RODGERS. Under clause 3 of rule XII, petitions H. Res. 173: Mr. SHIMKUS. H.R. 5306: Mr. YOUNG of Alaska. and papers were laid on the clerk’s H. Res. 536: Mr. DENT and Mr. FRANK of H.R. 5339: Mr. CONAWAY, Mr. AKIN, Mr. Massachusetts. desk and referred as follows: BARTLETT, Mr. ISSA, Mrs. BACHMANN, Mr. H. Res. 989: Mr. KUCINICH. NEUGEBAUER, Mr. WILSON of South Carolina, 139. The SPEAKER presented a petition of H. Res. 1052: Mr. OWENS. Mr. SHADEGG, Mr. GOHMERT, Mr. JORDAN of City of Pembroke Pines, Florida, relative to H. Res. 1138: Mr. FRANK of Massachusetts. Resolution No. 3262 supporting House Resolu- Ohio, Mr. FLEMING, Mr. ROONEY, Mr. POSEY, H. Res. 1207: Mr. CAMP and Mr. COFFMAN of tion 4812; to the Committee on Education Mr. MARCHANT, Mr. BRADY of Texas, and Mr. Colorado. and Labor. DANIEL E. LUNGREN of California. H. Res. 1209: Mr. DINGELL. H.R. 5340: Mr. BISHOP of Utah, Mr. PAUL, H. Res. 1217: Mr. BOREN, Mr. GARAMENDI, 140. Also, a petition of City of Lauderdale Mr. LAMBORN, Mrs. MYRICK, Mr. AKIN, and Mr. LAMBORN, and Mr. TANNER. Lakes, Florida, relative to Resolution No. Mr. POE of Texas. H. Res. 1251: Mr. ORTIZ, Mr. HUNTER, Mr. 2010-25 congratulating the President for pass- H.R. 5348: Mr. LAMBORN. FORBES, Mr. MARSHALL, Mr. TEAGUE, and Mr. ing the Health-Care Reform Legislation; H.R. 5351: Mr. ROGERS of Alabama, Mr. AL- MILLER of Florida. jointly to the Committees on Energy and EXANDER, Mrs. BACHMANN, Mr. FRANKS of Ar- H. Res. 1322: Ms. LINDA T. SA´ NCHEZ of Cali- Commerce, Appropriations, Ways and Means, izona, Mr. BOOZMAN, Mr. MCCAUL, and Mr. fornia, Mrs. CAPPS, Mr. AL GREEN of Texas, Education and Labor, the Judiciary, Natural WILSON of South Carolina. Mr. STARK, and Mr. FILNER. Resources, House Administration, and Rules.

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Vol. 156 WASHINGTON, WEDNESDAY, MAY 26, 2010 No. 81 Senate The Senate met at 9:30 a.m. and was appoint the Honorable TOM UDALL, a Senator rected my floor staff to try to work out called to order by the Honorable TOM from the State of New Mexico, to perform arrangements so we can vote on some UDALL, a Senator from the State of the duties of the Chair. of those this morning. New Mexico. ROBERT C. BYRD, We may be in a position where we President pro tempore. would have to have a 60-vote threshold PRAYER Mr. UDALL of New Mexico thereupon on all these amendments. A lot of them The Chaplain, Dr. Barry C. Black, of- assumed the chair as Acting President may require that anyway. I think that fered the following prayer: pro tempore. would be the appropriate thing to do. Let us pray. f f O God, we are in Your hands and may RECOGNITION OF THE MAJORITY MEASURES PLACED ON THE we rejoice above all things in being so. LEADER CALENDAR Do with us what seems good in Your sight. Only let us love You with all our The ACTING PRESIDENT pro tem- Mr. REID. Mr. President, I under- mind, soul, and strength. pore. The majority leader is recog- stand there are two bills at the desk Today, show mercy to the Members nized. due for a second reading, is that cor- of this legislative body. Let Your sov- f rect? ereign hand be over them and Your The ACTING PRESIDENT pro tem- Holy Spirit ever be with them, direct- SCHEDULE pore. The Senator is correct. ing all their thoughts, words, and Mr. REID. Mr. President, following The clerk will read the bills for the works to Your glory. Lord, prosper the any leader remarks, the Senate will re- second time. The assistant legislative clerk read works of their hands, enabling them in sume consideration of H.R. 4899, the as follows: due season to reap a bountiful harvest emergency supplemental appropria- if they faint not. In all that they say tions bill. There will be no morning A bill (S. 3410) to create a fair and efficient system to resolve claims of victims for eco- and do, may they seek Your glory, business this morning. We will go di- nomic injury caused by the Deepwater Hori- striving for faithfulness in even the rectly to the bill. zon incident, and to direct the Secretary of small matters of their labors. Yesterday evening, I filed cloture on the Interior to renegotiate the terms of the We pray in Your merciful Name. the committee-reported substitute lease known as ‘‘Mississippi Canyon 252’’ Amen. amendment in the underlying bill. As a with respect to claims relating to the Deep- f result, there is a 1 p.m. filing deadline water Horizon explosion and oil spill that ex- for germane first-degree amendments. ceed existing applicable economic liability PLEDGE OF ALLEGIANCE Today, I will continue to work with limitations. A bill (S. 3421) to provide a temporary ex- The Honorable TOM UDALL led the the Republican leader on an agreement tension for certain programs, and for other Pledge of Allegiance as follows: to complete action on the bill without purposes. I pledge allegiance to the Flag of the cloture. If an agreement cannot be Mr. REID. Mr. President, I object to United States of America, and to the Repub- reached, a cloture vote would occur to- any further proceedings on these bills lic for which it stands, one nation under God, morrow morning. Rollcall votes are ex- indivisible, with liberty and justice for all. at this time. pected to occur throughout the day in The ACTING PRESIDENT pro tem- f relation to amendments on the supple- pore. Objection is heard. The bills will APPOINTMENT OF ACTING mental appropriations bill. be placed on the calendar. We have had a number of conversa- PRESIDENT PRO TEMPORE f tions. Some amendments may have The PRESIDING OFFICER. The technical points of order against them. ISSUES OF CONCERN clerk will please read a communication I think we are at a point now where we to the Senate from the President pro Mr. REID. Mr. President, we are should arrange some votes on a number waiting today to see the success of the tempore (Mr. BYRD.) of these amendments and move forward The assistant legislative clerk read efforts of BP to plug that well that is on this bill. There are Senators on both the following letter: spilling into the gulf. This morning, it sides who have amendments to offer. I is reported that there is a 70- to 80-per- U.S. SENATE, will do my best over here to talk down cent chance that they can be success- PRESIDENT PRO TEMPORE, Washington, DC, May 26, 2010. the number of amendments. I know the ful. I certainly hope the odds that favor To the Senate: Republican leader will do the same. We the stopping the oilspill work. Under the provisions of rule I, paragraph 3, have to have some amendments. I am It is very important that the Amer- of the Standing Rules of the Senate, I hereby anxious to move to them. I have di- ican people understand, and the world

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

S4397

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VerDate Mar 15 2010 23:36 May 26, 2010 Jkt 089060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A26MY6.000 S26MYPT1 smartinez on DSKB9S0YB1PROD with SENATE S4398 CONGRESSIONAL RECORD — SENATE May 26, 2010 understands, that we have to be ready ble getting an agreement on this bill, McCain amendment No. 4214, to provide for for the damage this has caused. BP has and one reason only. That is because it the National Guard support to secure the indicated they will pay for all damages. is so blatantly reckless. southern land border of the United States. Cornyn modified amendment No. 4202, to The people of Louisiana, Mississippi, Europe is in the midst of what Ger- make appropriations to improve border secu- and other Gulf States are waiting to man Chancellor Angela Merkel de- rity, with an offset from unobligated appro- see when the oil will stop flowing. scribes as an existential crisis, all priations under division A of Public Law 111– We have a number of issues that are brought about by governments that 5. concerning to the whole country as to spend money they don’t have. Ameri- Lautenberg modified amendment No. 4175, our security. Of course, we have the cy- cans are watching this crisis play out, to provide that parties responsible for the bersecurity issue, which, as the Pen- and they see Democrats doing the same Deepwater Horizon oilspill in the Gulf of tagon mentioned, is a very important Mexico shall reimburse the general fund of thing here day after day after day. This the Treasury for costs incurred in responding issue. We are working on that, and extenders package is just the latest ex- to that oilspill. committees are doing legislation now ample, the latest evidence of a major- Cardin amendment No. 4191, to prohibit the to see what can be done to make us ity that simply is out of control. use of funds for leasing activities in certain more secure in that regard. As early as today, we will reach a du- areas of the Outer Continental Shelf. The other thing is we will never be a bious milestone in America: a $13 tril- Kyl/McCain amendment No. 4228 (to amendment No. 4202), to appropriate secure nation as long as we are depend- lion national debt—the first time in ent upon foreign oil—or to drop it down $200,000,000 for a law enforcement initiative history we have crossed this fright- to address illegal crossings of the Southwest a notch, dependent on oil, period. This ening threshold. border, with an offset. is an opportunity for the country to This extenders bill would add another Coburn/McCain amendment No. 4232, to move away from fossil fuel and do a $130 billion on top of that—more debt pay for the costs of supplemental spending better job at looking at the renewable in one vote than the administration by reducing Congress’s own budget and dis- energies that are available to us all claimed their health care bill would posing of unneeded Federal property and un- committed Federal funds. over this country, including Sun, wind, save over 10 years. The majority would geothermal. Coburn/McCain amendment No. 4231, to have us add $130 billion to the $13 tril- pay for the costs of supplemental spending I am very supportive of what Sec- lion debt in 1 week that would eat up by reducing waste, inefficiency, and unneces- retary Salazar did in approving the all the alleged savings from the health sary spending within the Federal Govern- wind farm off the coast of Massachu- care bill over 10 years. This is fiscal ment. setts. This is an opportunity for us to recklessness, and that is why even Landrieu/Cochran amendment No. 4179, to allow the Administrator of the Small Busi- be independent and not have to depend some Democrats are starting to revolt. so much on fossil fuels. It is no longer ness Administration to create or save jobs by The time is long since past to reverse providing interest relief on certain out- just the environment; it is also the se- this dangerous trend, the way Europe curity of this Nation. So as we wait standing disaster loans relating to damage has been forced to reverse the trend. caused by the 2005 gulf coast hurricanes or with bated breath to see what is going But far from doing anything about our the 2008 gulf coast hurricanes. to happen today in the gulf, I certainly own looming debt crisis, Democrats Landrieu amendment No. 4180, to defer hope it is successful and that we im- only seem interested in making it payments of principal and interest on dis- prove as a result of this terrible deg- aster loans relating to the Deepwater Hori- worse. zon oilspill. radation of our environment, and im- The true emergency here—if we are prove our ability to use whatever do- Landrieu modified amendment No. 4184, to looking for one—is our national debt. require the Secretary of the Army to maxi- mestic oil supply we have in a safer That is the emergency. A line must be mize the placement of dredged material way. drawn somewhere. Americans are sim- available from maintenance dredging of ex- f ply running out of patience. isting navigation channels to mitigate the Mr. President, I yield the floor. impacts of the Deepwater Horizon oilspill in RECOGNITION OF THE MINORITY the Gulf of Mexico at full Federal expense. LEADER f Landrieu amendment No. 4213, to provide The ACTING PRESIDENT pro tem- RESERVATION OF LEADER TIME authority to the Secretary of the Interior to immediately fund projects under the Coastal pore. The Republican leader is recog- The ACTING PRESIDENT pro tem- nized. Impact Assistance Program on an emergency pore. Under the previous order, the basis. f leadership time is reserved. Landrieu amendment No. 4182, to require the Secretary of the Army to use certain EXTENDERS PACKAGE f funds for the construction of authorized res- Mr. MCCONNELL. Mr. President, I MAKING EMERGENCY SUPPLE- toration projects in the Louisiana coastal will say just a word this morning about MENTAL APPROPRIATIONS FOR area ecosystem restoration program. the still unfinished extenders package FISCAL YEAR 2010 Landrieu amendment No. 4234, to establish that is about to come over from the a program, and to make available funds, to The ACTING PRESIDENT pro tem- House. provide technical assistance grants for use The first thing to say is that Repub- pore. Under the previous order, the by organizations in assisting individuals and Senate will resume consideration of businesses affected by the Deepwater Hori- licans are ready and willing right now zon oilspill in the Gulf of Mexico. to extend necessary benefits and to pay H.R. 4899, which the clerk will report. The assistant legislative clerk read The ACTING PRESIDENT pro tem- for them. We could get this done in lit- as follows: pore. The Senator from Hawaii is rec- erally no time. So any delay in passing ognized. this bill is coming from the other side A bill (H.R. 4899) making emergency sup- plemental appropriations for disaster relief Mr. INOUYE. Mr. President, I suggest of the aisle. I say this not to point fin- and summer jobs for the fiscal year ending the absence of a quorum. gers but because we have seen this September 30, 2010, and for other purposes. The ACTING PRESIDENT pro tem- Democratic playbook. Pending: pore. The clerk will call the roll. We know they will try to blame Re- The assistant legislative clerk pro- publicans for their own inability to Reid amendment No. 4174, to provide col- lective bargaining rights for public safety of- ceeded to call the roll. come to an agreement if we don’t go ficers employed by States or their political Mr. BARRASSO. Mr. President, I ask along with their effort to add another subdivisions. unanimous consent that the order for $130 billion to the deficit by the end of Sessions/McCaskill amendment No. 4173, to the quorum call be rescinded. the week. Let me say that again. We establish 3-year discretionary spending caps. The ACTING PRESIDENT pro tem- know they will try to blame Repub- Wyden/Grassley amendment No. 4183, to es- pore. Without objection, it is so or- licans for their own inability to come tablish as a standing order of the Senate dered. to an agreement if we don’t go along that a Senator publicly disclose a notice of Mr. BARRASSO. Mr. President, I ask intent to objecting to any measure or mat- with their effort to add another $130 ter. unanimous consent to speak as in billion to the deficit by the end of this Feingold amendment No. 4204, to require a morning business for up to 15 minutes. week. plan for safe, orderly, and expeditious rede- The ACTING PRESIDENT pro tem- So let’s be perfectly clear: There is ployment of the United States Armed Forces pore. Without objection, it is so or- one reason Democrats are having trou- from Afghanistan. dered.

VerDate Mar 15 2010 23:36 May 26, 2010 Jkt 089060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G26MY6.001 S26MYPT1 smartinez on DSKB9S0YB1PROD with SENATE May 26, 2010 CONGRESSIONAL RECORD — SENATE S4399 HEALTH CARE cept for the cost. Unfortunately, what many people never even read before Mr. BARRASSO. Mr. President, I this body passed and what the Presi- they voted in favor of it. And the peo- come to the floor today, as I have done dent signed is going to increase the ple who read the bill carefully could each week for over a month now, to cost and decrease the availability. For see what was coming down the line, give a doctor’s second opinion about people who like what they have, they came to the floor, and pointed out the health care bill that has now been are not going to be able to keep it. these things to the American people. signed into law. I do this as somebody One might say: Where do you come The American people heard, but the who has practiced medicine, taken care up with that? There was a lengthy arti- Members of Congress did not. of families in Wyoming since 1983. Dur- cle written called ‘‘Documents reveal There is a new study out that was re- ing that time, I was medical director of AT&T, Verizon, others thought about ported today in the Associated Press. something called the Wyoming Health dropping employer-sponsored bene- It talks about what other businesses Fairs, offering low-cost blood screening fits.’’ Why would that be? Because of a are doing. It was a poll of 650 leading for people all around the Cowboy State, very different regime, it says, a ‘‘radi- corporations talking about, what do giving them an opportunity to take cally different regime of subsidies, pen- you think this is going to mean for more personal responsibility for their alties, and taxes.’’ That is so much of your business? What is this going to own health, to learn about their what is involved in this health care mean for the employees? What is this health, to help get their blood pressure law—penalties, subsidies, and taxes. going to mean in terms of health care under control, get their cholesterol ‘‘Many large companies,’’ it goes on for those folks and the cost of doing down, and get their blood sugar under to say, ‘‘are examining a course that business? control, and diagnose cancers early. All was heretofore unthinkable, dumping Here it is. What do the employers of this is aimed at early prevention, the health care coverage they provide want? They want to have three goals, meaning better care, better surviv- to their workers in exchange for just and they are the goals all Americans ability, which is what we need to do in paying penalty fees to the govern- would have. They want to bring down this country—work on patient-centered ment.’’ the cost of care, whether you are an health care. It goes on: employer or an employee. No matter Today, I bring to the floor of the Sen- In the days after President Obama signed who you are, they want to bring down ate my second opinion because I think the bill on March 24, a number of companies the cost of care. Contain costs—abso- the bill that was passed into law has announced big write downs due to the fiscal lutely, at a minimum. They want to failed. It has failed and gotten the di- changes it ushered in. The legislation elimi- contain costs. Good. They want to en- agnosis and the treatment wrong. nated a company’s right to deduct the fed- courage healthier lifestyles. Good. This The goal of health care reform should eral retiree drug-benefit subsidy from their bill hardly does that at all. There are be to lower costs, increase quality, and [companies]. very few, if any, individual incentives. increase access. I continue to believe As a result, AT&T, Verizon, and oth- And they want to improve quality of the new health care law is bad for pa- ers ‘‘took well-publicized charges of life. tients; it is bad for payers, the Amer- around $1 billion.’’ This annoyed A mere 14 percent of all responding— ican taxpayers who are going to be HENRY WAXMAN, Democrat from Cali- 650 companies—think health care re- footing the bill, and it is bad for pro- fornia, ‘‘who accused the companies of form will help contain health care viders, the nurses and doctors of this using the big numbers to exaggerate’’— costs. An overwhelming majority—90 country who take care of those pa- that is what he said, ‘‘exaggerate’’— percent—of employers believe health tients. ‘‘health care reform’s burden on em- care reform will increase their organi- Fundamentally, I believe, unlike ployers.’’ So he summoned top execu- zation’s health care costs. Why should what the President said, this whole law tives to hearings and he requested doc- they be any different from what the is now going to increase the cost of uments. government Actuary says? The govern- care. The American people believe that The bottom line is, taking a look at ment Actuary, who took a look at the overwhelmingly, that this is going to 1,100 pages of documents from four bill, also said the cost curve is going to increase the cost of their care and it is major employers—AT&T, Verizon, Cat- go up. The cost is going to go up. The also going to decrease the quality and erpillar, and John Deere—‘‘No sooner amount Congress promised the Amer- availability of the care, to the point did the Democrats on the Energy Com- ican people this would cover in terms that a national poll released just this mittee read’’ the documents ‘‘than of the costs—Congress said: Oh, we are Monday shows 62 percent of Americans they abruptly cancelled the hearings.’’ going to save money. No, that is not would like to repeal and replace the Why? Because they found out that what the people who actually added up bill that has now been signed into law. what the companies had said was true, As the Speaker of the House, NANCY the figures said. They said this is going and it was proper in accordance with PELOSI, said: First you have to pass the to cost money. the rules and the laws within which bill to find out what is in it. As more Yesterday, when the President vis- they have to operate. and more Americans are finding out ited with the Republican Members of All four of these companies are tak- what is in the bill, they are finding the Senate, I specifically asked him there are more and more broken prom- ing a look at the costs and the benefits about this point. He still takes the tact ises. of dropping health care coverage of that ultimately the cost curve will go The President gave a speech, and he people who like the coverage they down. The American people, and cer- said: If you like your health care plan, have. What are the alternatives if you tainly someone who has practiced med- you will be able to keep your health do not want to provide health care? icine now since 1983, and the Actuary, care plan, period. You pay a fine. You pay a fee. who takes a look at these issues, who He then went on to say: No one will AT&T, a major company, employs up actually does the addition and puts a take it away, period. to 300,000 people with health care cov- line and puts the total numbers at the He said: No matter what, period. erage they like, and they are in a situ- bottom, all say: Sorry, Mr. President, But the Chief Actuary of Medicare ation where the company is saying: If that is not true. The cost is going to go and Medicaid says that 14 million we drop their coverage and pay the up. Insurance costs are going to go up. Americans will lose their employer- fine, we as a company can save $1.8 bil- Quality of care and availability of care sponsored health coverage under this lion. will go down. law. The President is saying one thing, Is that what this Congress intended? I come to the floor as a physician of- but the Chief Actuary for Medicare and Is that what this Congress imagined? Is fering my second opinion just to tell Medicaid is saying something very dif- that what the people of this country my colleagues and to tell the American ferent. That is why the American peo- deserve? No. people what I have been hearing from ple do not feel this bill—now the law— What this shows is a bill that was talking with people all around the was passed for them. It is for somebody crammed through and down the country. A majority of Americans are else. throats of the American people by an pleased with the health care coverage Most Americans have health insur- administration desperate to have some- they get from their employers. But ance they like and are happy with, ex- thing passed into law, something that now, because of the President’s new

VerDate Mar 15 2010 23:36 May 26, 2010 Jkt 089060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G26MY6.002 S26MYPT1 smartinez on DSKB9S0YB1PROD with SENATE S4400 CONGRESSIONAL RECORD — SENATE May 26, 2010 law, companies are considering can- This health care bill that has been this revolving door by requiring the celing employees’ coverage because it crammed through the Senate with a lot same thing we require for ourselves in would be cheaper for them to pay the of gimmicks and things such as the the Senate—that when we leave the government’s penalty than to provide ‘‘Cornhusker kickback’’ and the ‘‘Lou- Senate, we can’t go to an entity that health care coverage for their employ- isiana purchase’’ and ‘‘Gator aid’’— lobbied us as a business and that would ees. This is not the change Americans those are the things that make the then lobby the Senate for a period of 2 want. This is not the change Ameri- American people look at this city and years. That is the minimum we should cans can believe in. This is the change say: We have had enough. That is why expect. that makes Americans lose sleep at today I come to the Senate floor and This legislation will also insist on night. In this economy, with 9.9 per- offer, again, my second opinion that it things that are common sense: that the cent unemployment, the last thing is time to repeal and to replace this regulators can’t accept gifts from the Americans need is a new law that health care law with something that industry they are regulating, and they makes it easier for companies to pay a will actually work in the best interest have to have a financial disclosure that penalty instead of providing health of the American people. would show what the regulator owns, if coverage for their employees. Mr. President, I yield the floor and they are in any way compromised with This is not the companies’ fault. It is suggest the absence of a quorum. the very industry they are trying to the administration’s fault. It is mis- The ACTING PRESIDENT pro tem- regulate. If they have any outside in- guided incentives, and that is why the pore. The clerk will call the roll. terest—for example, stock in oil com- American people are sick of Wash- The assistant legislative clerk pro- panies they are regulating—they would ington. What we have seen now with ceeded to call the roll. have to divest from that; and, further- regard to the incentives, if you are a Mr. NELSON of Florida. Mr. Presi- more, in the egregious case that they big company, is to drop insurance and dent, I ask unanimous consent that the would be partially employed by the pay the fine. If you are a small com- order for the quorum call be rescinded. outside industry they are regulating, pany and you want the tax relief and a The ACTING PRESIDENT pro tem- clearly that could be prohibited. tax credit that has been offered, the in- pore. Without objection, it is so or- These are just commonsense things. centive is to actually fire workers and dered. Why isn’t this in the law? Senator pay those workers who are still work- DEPARTMENT OF INTERIOR IG REPORTS MENENDEZ and I offered this law 2 ing with you less. That is the way to Mr. NELSON of Florida. Mr. Presi- years ago when all of these revelations get a better tax credit. dent, yesterday, the inspector general came out in that inspector general re- If you are an individual with a pre- for the Department of the Interior port back then. But, of course, there existing condition and you have been came out with their report—this inves- was enormous push-back on the legisla- living by the rules, paying those higher tigative report—which followed an- tion. Sadly, it has come to this great insurance rates through some of the other inspector general report of just a tragedy of thousands and thousands of State-authorized funds that have been month ago. These two inspectors gen- barrels of oil gushing into the Gulf of set up, programs that have been set up eral reports talk about what is wrong Mexico to bring us to the point where to help people with preexisting condi- in the Minerals Management Service. we ought to have a willing recipient in tions, to help people who need extra The most recent report is quite dis- this Senate to this legislation we are help, so they get their health care cov- turbing, and it comes on the heels of filing that will stop this cozy, inces- ered and even pay more, if you are one the one a month ago where they found tuous relationship between the oil in- of those individuals, the incentive is to a culture where the acceptance of gifts dustry and the regulators. drop that coverage, stop paying, and from oil and gas companies was wide- I know Secretary Salazar is trying to basically go uninsured for 6 months. spread throughout the Office of the clean it up, and he is doing what he And if you take that risk of being with- Lake Charles District Minerals Man- should do. But what we want to do is to out insurance for 6 months, only then agement Service in Louisiana. etch it into the statutes so there is no do you qualify for what is included in That information, of course, came on question about what is the require- this new health care law. the heels of what we discovered years ment—not just for today but forever. We need a health care law that actu- ago in reports about the incestuous, Mr. President, I yield the floor, and I ally lowers the cost of health care and cozy relationship between the oil in- suggest the absence of a quorum. allows Americans to keep the coverage dustry and the regulators who are sup- The ACTING PRESIDENT pro tem- they have. That is why I come to the posed to see that the oil industry is pore. The clerk will call the roll. floor every week to tell the American doing its job, and doing it safely, and The assistant legislative clerk pro- people it is time to repeal this legisla- collecting all of the revenues from the ceeded to call the roll. tion and replace it with legislation royalties that the oil industry is sup- Mr. KAUFMAN. Mr. President, I ask that delivers more personal responsi- posed to pay, having drilled on Federal unanimous consent that the order for bility and more opportunities for indi- lands, which is the sea bottom of the the quorum call be rescinded. vidual patients; that is, patient-cen- Gulf of Mexico. The ACTING PRESIDENT pro tem- tered care that allows Americans to This latest investigative report pore. Without objection, it is so or- buy insurance across State lines; that points out: dered. gives people their own health insurance Of greatest concern is the environment in Mr. KAUFMAN. Mr. President, I and the same opportunities and the which these inspectors operate—particularly would like to speak as in morning busi- same tax relief for people who get in- the ease with which they move between the ness. surance through their jobs; that pro- industry and the government. The ACTING PRESIDENT pro tem- vides individual incentives for people That is called the revolving door. pore. Without objection, it is so or- to stay healthy, exercise more, eat a That is somebody in the industry who dered. little less, get their blood sugar under comes into the government as a regu- KAGAN NOMINATION control and blood pressure under con- lator, and then the revolving door Mr. KAUFMAN. Mr. President, I rise trol and deal with health care needs as turns, and they go back into the indus- to speak about the nomination of they come along; that deals with law- try. How in the world can we have a Elena Kagan to be Associate Justice of suit abuse and the incredible expense of regulator who is coming from the in- the Supreme Court of the United all the defensive medicine practiced in dustry into regulation of that industry, States. this country; and that allows small and then turn in the revolving door and Ms. Kagan is, without a doubt, an ex- businesses to join together to provide go right back into that industry? That ceptionally well-qualified nominee. In less expensive insurance to their em- is the problem, and that is what we every job she has held, including asso- ployees. Those are the things we need. have to fix. ciate White House counsel, dean of the Those are the things we need to allow My office is talking with Senator Harvard Law School, and Solicitor us as a nation to deliver high-quality MENENDEZ’s office, and it is my inten- General, she has distinguished herself care, available care, at a more afford- tion that we will file a bill today that through her work ethic, intelligence, able cost. will do a number of things. It will stop and integrity.

VerDate Mar 15 2010 23:36 May 26, 2010 Jkt 089060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G26MY6.004 S26MYPT1 smartinez on DSKB9S0YB1PROD with SENATE May 26, 2010 CONGRESSIONAL RECORD — SENATE S4401 I was part of 10 confirmation hear- factor in assessing her qualifications to liam Brennan. On the other hand, some un- ings during my time with then-Senator be a Justice. successful justices also had judicial experi- BIDEN, and during that time, I wit- Indeed, if significant prior experience ence. John Hessin Clarke, Fred Vinson and nessed Ms. Kagan’s talents firsthand, as a judge were a prerequisite, where Charles Evans Whittaker are among those whose service on the court was not happy de- when she served as special nominations would that leave Justices like John spite their experience as judges. counsel to the Judiciary Committee Roberts and Clarence Thomas? Thomas Kagan has had a distinguished career as an during the nomination of Justice Gins- had served on the DC Circuit for less academic, as a high-level staffer in the Clin- burg in 1993. than 16 months before his nomination, ton White House, as a successful dean of Har- She is also a woman of many and Roberts for just over 2 years. vard Law School and as U.S. solicitor gen- ‘‘firsts’’—the first woman to serve as I have an insightful article on this eral. It is impossible to know whether she dean of Harvard Law School as well as subject by Joel Goldstein, published in will be a distinguished justice, but her suc- the first to serve as Solicitor General. the Kansas City Star. I ask unanimous cess in her other professional work certainly She now stands to be the fourth in his- counts in her favor. consent it be printed in the RECORD. History suggests that her lack of judicial tory to serve on the Supreme Court. There being no objection, the mate- experience is simply irrelevant. When she is confirmed, for the first rial was ordered to be printed in the Mr. KAUFMAN. Another attack on time in history three women would RECORD, as follows: Elena Kagan, equally unjustifiable, fo- take their seats on the Nation’s high- [From KansasCity.com, May 11, 2010] cuses on military recruiting while she est Court. HISTORY SAYS LACK OF TIME ON BENCH IS NO I have consistently called on Presi- was dean at Harvard Law School. PROBLEM Most of the charges about the Har- dent Obama to nominate candidates to (By Joel K. Goldstein) the bench who expand, and not con- vard Law recruiting ban are distor- Critics are already attacking President tions. The university policy reflected a tract, the breadth of experiences rep- Obama’s nomination of Elena Kagan for the resented on the Supreme Court. policy preference for nondiscrimina- Supreme Court on the grounds that she has tion against gays, but Dean Kagan Every one of the current Justices never been a judge. But if lack of judicial ex- came to the Court from the Federal ap- perience disqualifies someone from a spot on never denied military recruiters phys- pellate bench. While this experience the court, many distinguished justices never ical space at the law school or access can be valuable, I believe the Court would have served. to the student body. should reflect a broader range of per- Take Louis Brandeis, the person many con- Just as important, military veterans spectives and experience. sider to have been the outstanding justice of at Harvard have high praise for Ms. Kagan brings valuable non- the 20th century. Brandeis had never served Kagan’s role as dean. on the bench when Woodrow Wilson nomi- judicial experience and a freshness of In February 2009, several Iraq War nated him in January 1916. veterans who graduated from Harvard perspective that is currently lacking. Critics complained that he lacked judicial Prior judicial experience has never temperament. They could not have been Law School when she was dean wrote a been, nor should it be, a pre-requisite more wrong. During 23 years on the court, letter to the Washington Times de- to be a Supreme Court Justice. In the Brandeis proved himself a model judge. His scribing their ‘‘appreciation for Miss history of the Supreme Court, more opinions guide judicial thinking more than Kagan’s embrace of veterans on cam- than one-third of the Justices have had 70 years after his retirement. He became a pus. During her time as dean, she has no prior judicial experience before leading apostle of judicial restraint but used created an environment that is highly his opinions to teach relevant constitutional nomination. supportive of students who have served principles in a way that surpassed every jus- in the military.’’ History further shows that a nomi- tice other than John Marshall. nee’s lack of judicial experience is no Many other examples reveal judicial expe- I was pleased to see this view echoed barrier to success as a Supreme Court rience to be a false requirement. John Mar- by our colleague from Massachusetts Justice. shall’s career had been political, not judicial. after his meeting with Solicitor Gen- When Woodrow Wilson nominated Yet, most regard him as the greatest justice eral Kagan last week. Louis Brandeis in 1916, many objected to serve on the court. He was learned in the He said: on the ground that he had never served law, yet his political skills proved critical in It was very clear to me after we spoke on the bench. allowing the court to develop as an equal in- about it at length that she is supportive of Over his 23-year career, however, Jus- stitution of government during a precarious the men and women who are fighting to pro- period. tect us and very supportive of the military tice Brandeis proved to be one of the The same was true of Charles Evans Court’s greatest members. His opinions as a whole. I do not feel that her judicial phi- Hughes when named an associate justice in losophy will be hurting men and women who exemplify judicial restraint and his ap- 1910. He had been a lawyer and governor of are serving. proach still resonates in our judicial New York. Most regard him as one of the The best answer to these charges thinking more than 70 years after his greatest chief justices, a position he assumed when he returned to the court in 1930, after comes from the nominee herself. retirement. In 2007 while serving as dean of Har- This list of highly regarded Justices resigning to run for president in 1916. vard Law, she addressed cadets at West without prior judicial experience is not Earl Warren lacked judicial experience, but his political skills helped produce the Point. She said: insignificant. court’s unanimous decision in Brown v. I am in awe of your courage and your dedi- Felix Frankfurter, William Douglas, Board of Education, one of the most impor- Robert Jackson, Byron White, Lewis cation, especially in these times of great un- tant decisions in our history. certainty and danger. I know how much my Powell, Hugo Black, Harlan Fiske Harlan Fiske Stone had served as a law security and freedom and indeed everything Stone, Earl Warren and William school dean and attorney general, a resume else I value depend on all of you. Rehnquist—they all became Justices in some respects similar to Kagan’s but never as a judge. Felix Frankfurter, William Addressing the controversy regarding without having previously been judges, the military recruiters she said: yet we consider them to have had dis- Douglas, Robert Jackson, Byron ‘‘Whizzer’’ White, Lewis Powell and William Rehnquist I have been grieved in recent years to find tinguished careers on the Supreme were thought by many to have been distin- your world and mine, the U.S. military and Court. guished justices, although each lacked prior U.S. law schools, at odds, indeed, facing each In fact, Justice Frankfurter wrote in judicial experience. Hugo Black had spent other in court—on one issue. That issue is 1957 about the irrelevance of prior judi- about a year on the police court when the military’s ‘‘don’t ask, don’t tell’’ policy. cial experience. He said: Franklin Roosevelt nominated him from the Law schools, including mine, believe that One is entitled to say without qualification U.S. Senate. employment opportunities should extend to that the correlation between prior judicial Even recent experience cautions against all their students, regardless of their race or experience and fitness for the functions of overstating the relevance of judicial service. sex or sexual orientation. And I personally the Supreme Court is zero. Two conservative judicial heroes, Clarence believe that the exclusion of gays and les- That is a point that some of my Re- Thomas and John Roberts, had served very bians from the military is both unjust and brief stints on the appellate court, roughly unwise. I wish devoutly that these Ameri- publican colleagues have recognized two years or less before the two Bush presi- cans could join this noblest of all professions when addressing the qualifications of dents nominated them. and serve their country in this most impor- other nominees. There have been distinguished justices who tant of all ways. But I would regret very Ms. Kagan’s lack of prior judicial ex- came from the bench, such as Benjamin much if anyone thought that the disagree- perience should not be a determining Cardozo, John Marshall Harlan II and Wil- ment between American law schools and the

VerDate Mar 15 2010 23:36 May 26, 2010 Jkt 089060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\A26MY6.001 S26MYPT1 smartinez on DSKB9S0YB1PROD with SENATE S4402 CONGRESSIONAL RECORD — SENATE May 26, 2010 U.S. military extended beyond this single has been made about DOE loan guaran- et is not an offset for something that is issue. It does not. And I would regret still tees. I got a call from the Secretary of done here. more if that disagreement created any Energy, Secretary Chu, requesting $90 In any event, I hope this gets done. I broader chasm between law schools and the million in this legislation or support in support the Secretary’s request. I be- military. It must not. It must not because of lieve it would be good for us to be able what we, like all Americans, owe to you. some legislative form to allow them to provide loan guarantees for three nu- to proceed to have that loan guarantee In consulting with leadership, as well clear plants that are to be built. They for the third nuclear energy facility as with me and my colleagues on the want to begin a process to move down the Secretary wishes to do. If it can’t Judiciary Committee, President the road on some nuclear energy. I will get done here in the Senate with an off- Obama honored the Senate’s advisory support these loan guarantees. I think set, then at least it will come to con- role in the selection process. we should do a lot of things and do ference between the Senate and the As the Senate process moves from ad- them well in the energy field, and nu- House. I hope very much that the vice to consent, I look forward to a clear energy will be one of those areas. House, with the provision of the offset, confirmation process that is orderly But in order to do the loan guaran- will make this possible for the Sec- and filled with an honest exchange of tees for three nuclear energy facilities retary. I wanted to explain that to the views, not partisan bickering. that would be built, they need another Senate. It is a little bit convoluted, but The vote for a Justice of the U.S. Su- $90 million in authority. My under- I wanted to explain it because some- preme Court is one of the most impor- standing is that request has been made. body here thought I was blocking this tant votes a Senator can cast. That is However, I have a letter from Peter loan guarantee request, and that is not because a Justice serves for a lifetime Orszag, the head of the Office of Man- the case. It is not the case that there is appointment and will continue to have agement and Budget, that he sent to opposition to it, in fact. It is just the an impact long after the vote is made. the Speaker, and he did request, on be- case that it needs to meet the rules in Since her nomination, Solicitor Gen- half of the administration, the $90 mil- terms of an offset for the supplemental eral Kagan has already met with doz- lion for the Energy Department to be appropriations bill. ens of Senators and has many more able to provide those loan guarantees. Mr. President, let me ask unanimous meetings scheduled. Again, I indicated I would support that consent to speak as in morning busi- My meeting with her strengthened request. ness. my belief that President Obama has se- They also have requested an addi- The PRESIDING OFFICER. Without lected a nominee with both impeccable tional $90 million on the renewable en- objection, it is so ordered. credentials and a superior intellect. ergy loan guarantees. Again, there was ENERGY Her ability to bridge disagreement and $2 billion that was removed from re- Mr. DORGAN. Mr. President, I wish find common ground among disparate newable energy and has not been re- to speak for a moment about energy voices, as well as her experience in all stored. So there needs to be some res- more generally. I spoke in Dallas, TX, three branches of government, would toration of that, and I would support on Monday of this week at the Na- be a tremendous asset on the current these as well. But as I indicated, when tional Wind Energy Conference. I think Court. discussing this with the Energy Sec- they said they had 20,000 people there. I yield the floor and note the absence retary and others, there needs to be ei- Wind energy, of course, is a very im- of a quorum. ther an emergency request by the ad- portant part of our country’s energy The ACTING PRESIDENT pro tem- ministration or a pay-for. The letter future. We need to take steps to gather pore. The clerk will call the roll. from Mr. Orszag, the head of the OMB, energy from the wind and the Sun, The assistant legislative clerk pro- indicates they would request the $90 where the Sun shines and the wind ceeded to call the roll. million for the loan guarantee for a nu- blows. We need to use these resources Mr. DORGAN. Mr. President, I ask clear facility, a third nuclear facility, for energy, and then put them on a unanimous consent that the order for and $90 million for renewable energy, wire and move them to the load centers the quorum call be rescinded. and they say a separate request will be that need that energy. Such actions The PRESIDING OFFICER (Mr. transmitted in the future to Congress will provide more energy here at home, BURRIS). Without objection, it is so or- to reduce the fiscal year 2011 budget by and it makes us less dependent on for- dered. the amounts in the supplemental re- eign oil. These are all of the things Mr. DORGAN. Mr. President, we are quest. Well, that doesn’t quite work. I that I commend. I was thinking today on the supplemental appropriations think they understand that concern of that there has been a lot of discussion bill. I understand. I have been chairing mine. You can’t offset spending you are in recent weeks on what may or may a hearing, and I understand I have not going to do now with the reduction in not happen on the floor of the Senate missed very much. It appears to me a spending request for some future with respect to energy and/or climate yesterday and today this supplemental budget. That is not an appropriate off- change, and I wish to comment on that appropriations bill on the floor of the set. a bit. Senate has been moving very slowly. In I simply wanted to say that my un- First, I believe something is hap- fact, while amendments have been filed derstanding is the House of Represent- pening to our climate. I believe we and some discussed, we have had no atives will likely include this request ought to reduce the carbon emissions votes. I know the majority leader that Secretary Chu says is very impor- that are going into the atmosphere, so would very much like to move forward tant, and I would agree with him that I am in support of capping carbon. I to get this done. In fact, it is the case he should be able to have that loan au- have indicated, however, I don’t sup- that if the supplemental bill is not thority to proceed. The House of Rep- port what is called cap and trade, done, my understanding is there will be resentatives will likely include that re- which would effectively be a process by soldiers who will not receive paychecks quest, or have included it, including which we provide probably a $1 trillion in June. So there is an urgency for us the appropriate offset in this fiscal carbon trading securities market for to replenish the funding that is nec- year so that it does not increase the Wall Street. I have no interest in being essary in the defense portion of this budget deficit. a part of that and would not support bill especially. I have received some calls in the last speculation of carbon markets. How- There are other pieces of it that are day or so wondering why I am holding ever, I think there is something hap- equally important. For example, the it up here. I am not holding it up here, pening to our climate, and we would be money for the Federal Emergency but it cannot be considered here unless: wise at the very minimum to do a se- Management Agency is provided as a A, the President has requested it as an ries of no-regrets things that move us result of disasters that are occurring emergency, and he has not done that; down the road to limit carbon and de- that require some supplemental fund- or B, there is an offset, and the offset velop opportunities to reduce carbon ing, and other issues are addressed as being proposed in the letter from the emissions and protect our climate. well. head of the OMB is not an offset, as I We have been considering whether we But what I want to mention on the said. A promise to submit a budget re- get that done now in some sort of cli- floor of the Senate is a request that quest that would reduce a future budg- mate bill or focus only on an energy

VerDate Mar 15 2010 23:36 May 26, 2010 Jkt 089060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\A26MY6.004 S26MYPT1 smartinez on DSKB9S0YB1PROD with SENATE May 26, 2010 CONGRESSIONAL RECORD — SENATE S4403 bill. My colleagues Senator KERRY and where they need the electricity. That hearing I chaired. She said they are Senator LIEBERMAN and others have is the way you maximize the use of re- working on a heat engine in which you worked hard on a comprehensive cli- newable energy for the benefit of the put CO2 in one side and water in the mate bill. The question of what we country. other. The molecules are then frac- focus on now is an important issue. It is not hard to get energy from the tured and chemically recombine to The climate change bill they are work- wind. We have sophisticated, new, bet- produce a fuel. Produce a fuel out of es- ing on is something that is very sub- ter technology in wind turbines. We sentially air, CO2, and water. stantial, and I commend them for their put up a tower, especially in areas We also have begun doing a lot of work. I think they have put an enor- where you find these wind chutes, and work on the issue of algae, I am now mous amount of time into that legisla- you produce electricity virtually for- talking about how you would perhaps tion. However, that legislation has not ever. Those blades turn around and you use coal in the future. Coal emits CO2. gone through a committee process. make electricity. It makes a lot of You capture the CO2 and use it to grow They need to find a way to do that at sense for us to maximize that. algae, which is a single-cell pond scum, some point. If there are not 60 votes in I am in favor of using fossil energy as or, the green stuff you see in standing the Senate, then it will be difficult to well. I am not suggesting we use wind water. CO2, water, and sunlight move forward on their bill. That is and solar energy in exchange for shut- produce this single-cell pond scum. what would be required to bring a cli- ting down oil and gas and coal. We are After growing the algae, you harvest it mate change bill to the floor of the going to continue to use fossil energy, and produce diesel fuel. Wouldn’t it be Senate. If there are not 60 votes, then but use it in a different way. We are interesting if you could get rid of the the very least we should do is work on going to move towards decarbonizing CO2 by producing a new fuel. These are the energy bill. This is the piece of leg- the use of coal, that requires targets all just a couple of examples of the islation that has already passed the and timetables and the ability and re- things I think could be breathtaking in Senate Energy Committee in June 2009. search to make that happen. I am con- terms of what kind of energy we use That was a long time ago, and it passed vinced we will be able to move in that and how we use it in the future. on a bipartisan basis. We should bring direction. Oil and natural gas. In my State of it to the floor of the Senate and move Every day I have people coming to North Dakota we have more oil rigs it so that we actually provide substan- my office with the new ideas and solu- drilling than anyplace in the country. tial improvement to our energy policy tions that is going to make this hap- We have discovered how to find oil 2 in a way that addresses our national pen. I have had a guy visit and tell me miles below the Earth in a shale forma- security and reduces carbon emissions. about a new microbe that he discov- tion called the Bakken shale that is 100 It is one thing to talk about it; it is an- ered. It was a lollipop-shaped microbe, feet thick, I asked the U.S. Geological other thing to put a plan together. It is that was 30 percent more efficient at Survey to do an assessment of what is another thing—and more important, in breaking down cellulose than anything there. 21⁄2 years ago they came back my judgment—to actually reduce car- known to mankind. Therefore, this new with an assessment that said there is bon emissions. microbe will be able to break down cel- up to 4.3 billion barrels of oil recover- What have we done on the Energy lulose and turn it into cellulosic eth- able using today’s technology. The Committee under the leadership of anol, reducing the cost from $3 to $2 a Bakken shale formation is 2 miles Senator BINGAMAN? I played a role, and gallon. Big deal? Maybe so. I don’t down. They drill down with one rig, many others, Republicans and Demo- know. He has to develop that, and then 10,000 feet down, searching for the mid- crats, worked with him in writing that we will see whether the market beats a dle third of a 100-foot seam. They find energy bill. What have we done? We path to his door. the seam then, drill out 2 miles. So, have written a bill that does several There are dozens of examples like they drill down 2 miles, then out 2 things. No. 1, it is bipartisan, and No. 2, that. Last night I saw Craig Venter on miles to search for a 30-foot seam. it would create a new federal national television. I think Craig Venter is ex- Then they use hydraulic fracturing so electricity standard. It is a national traordinary. He and Francis Collins led the oil drips. They then pump the oil, goal that says here is where we are the human genome project. They cre- and that oil will pump from that well headed and would put in place a path- ated the first owners manual for the for 30 or 40 years. By the way, there are way to maximize the production of human body, and it is changing every- right now about 117 drilling rigs, drill- electricity from wind, solar and other thing in medicine. He has now turned ing wells in North Dakota. They drill a renewable energy sources. That is ex- his attention to energy. Now Craig new well every 30 days and they strike actly the sort of thing we should do. Venter is trying to develop synthetic oil virtually every time, because with So while we do that, we also include microbes that could be used to chew core samples they know exactly where provisions for building retrofits and away at coalbeds, in layman’s term. this huge shale formation is. This is building efficiency provisions which The microbe will eat its way through the largest assessment of oil the U.S. are very important. We would provide the coalbed and turn coal into methane Geological Survey has ever assessed in the process by which you help con- fuel. Is that the solution? Maybe so. the history of the lower 48 States; and struct the interstate highway of trans- Maybe that is the way to use coal in in the western part of North Dakota it mission capability. By doing that, you the future; I don’t know. is unbelievable the amount of drilling can find places in the country where There is a guy in California who tes- that is occurring. you can collect energy from the Sun or tified at a committee I chaired who has So, oil, natural gas and coal, all fos- the wind and put it on a wire and move patented a process that takes the en- sil energy, and we are going to con- it to the load centers. tire fuel gas from a coal plant and, tinue to need them and use them. We My State of North Dakota is one of through his patented process, mineral- want to be less dependent on foreign oil the windiest States in America. De- izes it and turns it into something that so that means producing more here. partment of Energy has called North is harder and more valuable than con- The terrible disaster that has oc- Dakota the Saudi Arabia of wind. Our crete that contains all of the emitted curred in the Gulf of Mexico means we kids are born leaning to the northwest CO2. This man says the process creates are not going to lease new properties in against that prevailing wind. But we a value-added product that brings the the Gulf until we understand the con- don’t need more wind energy for our- price of carbon down to near zero. sequences of deep well drilling, but we selves. We can put up towers and tur- Maybe. I don’t know. have drilled tens of thousands of pro- bines. We produce far more energy than Another guy delivered a presentation ductive wells. One-third of the domes- we need in North Dakota. What we to me and insists he has a 100-mile-per- tic oil production comes from the Gulf, need is a modern day interstate high- gallon diesel engine. Does he? I don’t so that is not going to be shut down at way transmission capability that can know; maybe. If he does, I hope the the moment. The question is: What produce energy from the wind in North world beats a path to his door. The list happens in deep well drilling, what has Dakota and solar from the rural areas of innovators goes on and on. happened that has caused this disaster? of Arizona and so on, and put it on the A woman with a Ph.D. from Sandia As Secretary Salazar and others indi- wire and move it to the load centers National Laboratory, testified at a cated, they are not going to proceed

VerDate Mar 15 2010 23:36 May 26, 2010 Jkt 089060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G26MY6.010 S26MYPT1 smartinez on DSKB9S0YB1PROD with SENATE S4404 CONGRESSIONAL RECORD — SENATE May 26, 2010 with new drilling permits or under new My hope is the Energy bill that Sen- tion, in my judgment, to our planet’s circumstances until we understand ator BINGAMAN and I and others have health. what happened with the BP well, be- worked on will be on the floor of the Again, my hope is that in the coming cause this is an unmitigated disaster. Senate at some point this summer. I weeks, as some colleagues work on a There is no question about that. think the Energy bill will do a couple very broad piece of climate change leg- All of these things are important and things that are very important. No. 1, islation—and I think it is good that a part of our energy future. The bill we substantially reduce our dependence on they are doing that and I commend drafted in the Energy Committee last foreign oil. Do you worry about our them—if it is clear that the climate June, that passed on a bipartisan vote, economy? I do as well, but it is not just change legislation doesn’t have the 60 is a bill that does a lot of everything the large banking institutions that votes, it is very important that we and does it well. The bill includes a re- steered this country into the ditch. I bring to the floor the product that newable electricity standard, and worry about how vulnerable we are to came from the Energy Committee. builds and creates the opportunities to foreign governments and countries for That will advance this country’s en- build new transmission lines. our oil. We get up in the morning and ergy interests, with less dependence on I didn’t mention previously, but in flick a switch, turn off the alarm and foreign oil and clean, green energy for the last decade we have built 11,000 turn on the light, make some hot cof- maximizing renewable energy sources. miles of natural gas pipeline and at the fee and take a hot shower, get in a car Mr. President, I suggest the absence same time we have built only 660 miles and turn a key. We use energy in so of a quorum. of high-voltage interstate transmission many ways without ever thinking The PRESIDING OFFICER. The lines. Why? Because it is very hard to about it. Oil is so central. Yet, over 60 clerk will call the roll. build a transmission interstate. There percent of our oil comes from outside The assistant legislative clerk pro- are three things needed to build a of our country, from some very trou- ceeded to call the roll. transmission interstate: planning, pric- bling parts of the world. We need to be Mr. DORGAN. Mr. President, I ask ing, and siting. You have to get them less dependent on foreign oil. unanimous consent that the order for all right. What we have done in this en- This legislation we have written the quorum call be rescinded. ergy bill is to create the menu by makes us less dependent on foreign oil. The PRESIDING OFFICER. Without which we are finally going to get an But as important as that is, this legis- objection, it is so ordered. interstate transmission capability lation begins to address the issue of cli- Mr. DORGAN. Mr. President, I ask built. We give FERC backstop author- mate change in a very real and very unanimous consent to speak as in ity, and we are careful on the planning significant way. By maximizing the de- morning business for 5 minutes. and pricing side to try to get all of this velopment of renewable energy for this The PRESIDING OFFICER. Without right. I think in addition to the things country’s future, and doing the things objection, it is so ordered. I have described, the renewable elec- that are necessary to reduce the emis- FINANCIAL REFORM tricity standard, the opportunity for sion of carbon. Mr. DORGAN. Mr. President, yester- an interstate highway of transmission As I said when I started, when I day, one of my colleagues, Senator capability that modernizes our grid, spoke in Dallas, TX, on Monday, at the KAUFMAN, from Delaware, came to the provides greater reliability, and maxi- National Wind Energy Conference, you floor and expressed some concern about mizes the production of renewable en- could see and feel and hear the excite- the issues that will now be followed ergy, and building retrofits and build- ment of the people who understand with respect to financial reform. I ing efficiency, there is a whole series of that there is now a new opportunity to wanted to simply say I share many of other things. I have so much to sup- contribute to this country’s energy the concerns he expressed. port. supply, with renewable, clean, green There are some who are worried This piece of energy legislation will energy. about financial reform going too far. I actually reduce carbon. I think it We have given very interesting incen- am worried that financial reform still would be unthinkable to end this year tives in this country to try new things. doesn’t go far enough. As we go into a without taking up a bipartisan piece of Early in the past century, in the nine- conference, I note the conferees who legislation that actually reduces car- teen-teens, our country said: If you go have been appointed, and I note some bon and actually reaches the goal of look for oil and gas, try to find some, of the conversations in the media those who are wishing to have a cli- produce some, explore for some, we are about those who will be in the con- mate change bill come to the floor this going to give you long-term, good, and ference. I am worried. I think in order session. permanent tax incentives. to address the issues that need to be Again, let me end by saying that I That is what we did. Why? Because addressed—and as my colleagues know, think what Senator KERRY and others we wanted people to find oil and gas. I have spoken about this many times, I are working on is very important for Those tax incentives still exist. What think too big to fail has to be ad- our country. We have disagreements we did for renewable was very dif- dressed. I don’t think it is yet ad- here and there, but the disagreement is ferent. In 1992, we said: Here are some dressed adequately. not about whether there is something tax incentives for renewable energy if I think that if we, in the future, have happening to our climate; I think there you are willing to develop some. But financial firms that are so large they is. There is no disagreement about the tax incentives were shallow and cause a moral hazard, or unacceptable whether we ought to restrain carbon; temporary. They were extended six risks, and whose failure could bring we should. There is no disagreement times and allowed to expire three down the entire economy, those firms about those central tenets. So I com- times. It was stutter, stop, start, and that are in that situation of too big to mend the work they have done. nobody knew what to think. Invest fail have to be pared back to a point I think it is going to be very hard, now, don’t invest next. It didn’t make where they would no longer bring down frankly, to bring a very large piece of sense. the economy should they fail. I don’t legislation to the floor soon that has I think what we ought to do is plan a think that has been yet adequately ad- not been through a committee process. menu for our energy future and say dressed. Plaudits to the people who are working here is where America is headed for the I also think we have not addressed hard on this. It is also the case that next decade. Believe in it and invest in the issue of the toxic assets that have even if they got their climate bill it. That is where we are going. We have been traded and essentially wagered in through, you would have to have an- done that with other forms of energy, our economy to the tune of trillions of other bill, like the bill the Energy oil and gas, but not with renewable en- dollars. Some of that wagering, by the Committee has already developed, to ergy, and we should. The ability to way, has turned some bank lobbies into actually reduce carbon. On the one gather energy from the Sun that shines not noticeable but certainly express ca- side, you set up targets, timetables, on this planet and from the wind. The sinos because of the trading of what and goals; and on the other side, you ability to gather energy from wind is a are called naked credit default swaps, set up policies that result in the reduc- source of energy that will last forever which are instruments of gaming that tion of carbon. and will make a significant contribu- have no insurable interest on either

VerDate Mar 15 2010 23:36 May 26, 2010 Jkt 089060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G26MY6.011 S26MYPT1 smartinez on DSKB9S0YB1PROD with SENATE May 26, 2010 CONGRESSIONAL RECORD — SENATE S4405 side. The growth of these kinds of the loans, because they weren’t going (Purpose: To prohibit the transfer of C–130 things and the gaming that is still to get stuck with the bill. They would aircraft from the National Guard to a unit going on is far afield from the invest- sell them to hedge funds and invest- of the Air Force in another State) ing and lending that used to be the cen- ment banks, and everybody was mak- At the end of chapter 3 of title I, add the tral functions of our major financial ing a massive amount of money—big following: institutions. Sources of capital for the bonuses. SEC. 309. No funds appropriated or other- wise made available by this Act may be obli- purpose of buying trillions of dollars of When the collapse came, Wall Street, gated or expended to transfer a C–130 aircraft naked credit default swaps is not a way according to New York authorities, had from a unit of the National Guard in a State to address the ills of our country. $35 billion in losses in 1 year and paid to a unit of the Air Force, whether a regular I attempted here to get an amend- $17 billion in bonuses. That describes unit or a unit of a reserve component, in an- ment offered that would simply ban the how everybody was awash in money. other State. use of naked credit default swaps. I Everybody was making a lot of cash AMENDMENT NO. 4230 note that some other countries have and big bonuses. What was happening Mr. ENSIGN. Mr. President, I ask now done that. I was not able to get a is that all of this greed—this cesspool unanimous consent that the pending vote on it. We had a vote on a tabling of greed—was steering this country amendment be set aside, and I call up motion to a second-degree amendment into the ditch, and the American peo- amendment No. 4230. I offered. My hope is that will still re- ple suffered mightily as a result of it. The PRESIDING OFFICER. Without main an opportunity to be corrected in Millions of people lost their jobs, mil- objection, it is so ordered. The clerk a conference. lions more lost their homes, millions will report. The issue of proprietary trading is have lost hope, and there are millions The bill clerk read as follows: still, I think, a significant issue. I have of kids coming out of our colleges last The Senator from Nevada [Mr. ENSIGN], for described banks trading derivatives on year, the year before, and this year, himself and Mr. REID, proposes an amend- their own accounts. I wrote an article who still cannot find work. That is the ment numbered 4230. about this in 1994, which was the cover carnage and wreckage that occurred. Mr. ENSIGN. Mr. President, I ask story of the Washington Monthly mag- The question in financial reform is: unanimous consent that the reading of azine. My story article was titled Will we tighten the laces and get it the amendment be dispensed with. ‘‘Very Risky Business.’’ I was describ- right, and do what is right on too big The PRESIDING OFFICER. Without ing then the risk of having proprietary to fail, proprietary trading, and other objection, it is so ordered. trading by banks on their own ac- issues? I wanted to say, when I read The amendment is as follows: counts of very risky derivatives. That Senator KAUFMAN’s statement, that he (Purpose: To establish limitations on the was 16 years ago. On the other hand, and I had many of the same concerns, transfer of C–130H aircraft from the Na- the legislation that has just passed this as others do. tional Guard to a unit of the Air Force in Congress doesn’t shut down these I hope when the conference is held on another State) issues. They have grown. They have financial reform, this bill gets tight- At the end of chapter 3 of title I, add the not diminished. ened, not loosened, and that we make following: I think if we want to give the Amer- sure we do enough. Don’t be too wor- SEC. 309. (a) LIMITATIONS ON TRANSFER OF ican people some comfort that some- ried about going too far. We are a long C–130H AIRCRAFT FROM NATIONAL GUARD TO how, in the end, financial reform will way away from that finish line. AIR FORCE UNITS IN ANOTHER STATE.—No have addressed the issues that caused I commend my colleague, Senator funds appropriated or otherwise made avail- the near crash of this economy—the able by this Act may be obligated or ex- KAUFMAN, and others who have ex- pended to transfer a C–130H aircraft from a deepest recession since the Great De- pressed concerns. I wanted to add my unit of the National Guard in a State to a pression—more still needs to be done. concern as well. The American people unit of the Air Force, whether a regular unit I commend my colleagues who deserve to know the Congress is going or a unit of a reserve component, in another worked on this. But we do still have to get this right. We have now had State unless each of the following is met: some disagreements and some concerns plenty of understanding and experience (1) The aircraft shall be returned to the that this doesn’t go far enough. As I about what happened, and we should transferring unit at a date, not later than 18 said—and I noticed this in the papers have the knowledge and the ability to months after the date of transfer, specified by the Secretary of the Air Force at the time this morning—some think there is a decide we are not going to let it happen danger of this going too far. It does of transfer. again, ever. (2) Not later than 180 days before the date not, in my judgment. Much of it has Mr. President, I yield the floor and of transfer, the Secretary of the Air Force been watered down in a way that suggest the absence of a quorum. shall submits to the Committees on Armed doesn’t provide the adequate protec- The PRESIDING OFFICER. The Services of the Senate and the House of Rep- tion that is needed going into the fu- clerk will call the roll. resentatives, the members of Congress of the ture. The assistant legislative clerk pro- State concerned, and the Chief Executive Of- I note that today, Secretary Geithner ceeded to call the roll. ficer and adjutant general of the National is going to stop in Europe. He is mak- Mr. ENSIGN. Mr. President, I ask Guard of the State concerned the following: ing two stops in Europe, because he is unanimous consent that the order for (A) A written justification of the transfer. concerned about the different ap- (B) A description of the alternatives to the quorum call be rescinded. transfer considered by the Air Force and, for proaches that are being taken by Euro- The PRESIDING OFFICER. Without each alternative considered, a justification pean countries, and some of the sugges- objection, it is so ordered. for the decision not to utilize such alter- tions are that, well, the Europeans AMENDMENT NO. 4229 native. aren’t doing as much here and there Mr. ENSIGN. Mr. President, I ask (3) If a C–130H aircraft has previously been and, therefore, American financial in- unanimous consent that the pending transferred from any National Guard unit in stitutions will move their business off- amendment be set aside, and I call up the same State as the unit proposed to pro- vide the C-130H aircraft for transfer, the shore. Look, I think most of us want to amendment No. 4229. have a financial system that relates to transfer may not occur until the earlier of— The PRESIDING OFFICER. Without (A) the date following such previous trans- the ways of doing finance that rep- objection, it is so ordered. The clerk fer on which each other State with National resent the safety and soundness of the will report. Guard units with C–130H aircraft has trans- financial industry. That was not the The bill clerk read as follows: ferred a C–130H aircraft to a unit of the Air case in most recent years. We The Senator from Nevada [Mr. ENSIGN], for Force in another State; or securitized almost everything—almost himself and Mr. REID, proposes an amend- (B) the date that is 18 months after the anything that could be. We got rating ment numbered 4229. date of such previous transfer. agencies who acted as though they Mr. ENSIGN. Mr. President, I ask (b) RETURN OF AIRCRAFT.—Any C–130H air- were inebriated, to give AAA ratings to craft transferred from the National Guard to unanimous consent that further read- a unit of the Air Force under subsection (a) securities that turned out to be almost ing of the amendment be waived. shall be returned to the National Guard of nothing. Then they sold the risks up so The PRESIDING OFFICER. Without the State concerned upon a written request that those who originally placed loans, objection, it is so ordered. by the Chief Executive Officer of such State for example, didn’t have to underwrite The amendment is as follows: for the return of such aircraft to assist the

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The tion did its best to foresee the costs of the Senator does not say what pro- clerk will call the roll. war and included funding for those grams he would propose for the bulk of The bill clerk proceeded to call the costs as part of its budget request, and the cuts he is mandating. roll. the Congress acted to meet these In one amendment, he says, do not Mr. ISAKSON. Mr. President, I ask needs. cut defense spending. In the other, it unanimous consent the order for the But circumstances change. The dete- is, do not cut veterans funding. I share quorum call be rescinded. riorating conditions in Afghanistan led that sentiment, but if we are talking The PRESIDING OFFICER. Without our military leaders to recommend, about cutting discretionary funding, objection, it is so ordered. and the President to conclude, that we the large unobligated balances are in AMENDMENT NO. 4221 needed to increase our forces in Af- the Defense Department. Mr. ISAKSON. Mr. President, I ask ghanistan. The funds in this bill are As of last month, the Defense Depart- unanimous consent the pending busi- that unforeseen portion of the cost of ment had nearly $400 billion in unobli- ness be set aside so I can call up war. For someone to argue they do not gated balances. There are plenty of un- Isakson amendment No. 4221. qualify as an emergency is most unfor- obligated balances to pay for the sup- The PRESIDING OFFICER. Is there tunate. plemental. But what sense does it objection? Without objection, it is so The Senator suggests we should cut make to cut defense spending so we can ordered. unobligated balances. Several others increase funds to cover the cost of war? The clerk will report. have suggested we should cut from the Even the Senator seemingly agrees it The legislative clerk read as follows: stimulus bill. Nearly every dollar re- would make no sense. maining in the stimulus bill has been The $80 billion rescission authority The Senator from Georgia [Mr. ISAKSON], for himself and Mr. CHAMBLISS, proposes an committed to a particular project if in the Senator’s amendment is vir- amendment numbered 4221. not yet obligated. If we look at what is tually unworkable. In fiscal year 2010, The amendment is as follows: left, the largest item that is unobli- the Federal funds unobligated bal- gated at the moment is for high-speed ances, excluding the Defense Depart- (Purpose: To include the 2009 flooding in the ment and the Veterans’ Administra- Atlanta area as a disaster for which cer- rail—approximately $7.9 billion—but tain disaster relief is available) those funds have been awarded to spe- tion, are about $597 billion. More than half of that—$330 billion—is unobli- On page 35, line 7, insert ‘‘FEMA–1858–DR,’’ cific projects. We know where the funds before ‘‘FEMA–1894–DR,’’. are going, and they will all be awarded gated balances for Treasury which are on contracts soon. mostly financing mechanisms such as Mr. ISAKSON. This is a technical There is some $6 billion in unobli- credit reform balances. These cannot language amendment that references gated Pell grant funding. But that be rescinded. That leaves only about the FEMA money that is proposed in amount is already assumed in the fis- $267 billion for the $80 billion of pro- this legislation to ensure that Georgia cal year 2011 budget. We already have a posed rescissions. is included in consideration of the dis- $5.7 billion shortfall in this great schol- Nearly one-third of the funds avail- persing of that funding based on the arship funding program. If we rescind able to continue government oper- flood experience in 2009. That is all it this $6 billion, we will need to find ations for the remainder of the fiscal does. It is a language amendment. nearly $12 billion in fiscal year 2011 to year would have to be eliminated. And, I ask it be considered, and I yield my meet the shortfall. under the amendment, the Congress time. More than $6 billion remains avail- would defer to the unelected OMB Di- I make a point of order a quorum is able to pay the States for fiscal sta- rector to determine where to make the not present. bilization. Thirty-four States have cuts. Not only is this a terrible con- The PRESIDING OFFICER. The written budgets assuming these funds cept, it is an abrogation of our respon- clerk will call the roll. would be available to them. States sibility to make spending decisions for The legislative clerk proceeded to such as Texas are scheduled to receive the Nation. And, you can be sure, were call the roll. more than $1 billion of this amount. we to adopt this amendment, the first Mr. INOUYE. Madam President, I ask These funds are unobligated, but that thing to be cut would be congressional unanimous consent that the order for does not mean they are not wanted. priorities. the quorum call be rescinded. More than $4 billion remains unobli- It is always easy to suggest we The PRESIDING OFFICER (Mrs. gated for education reform. The funds should cut unobligated balances, or HAGAN). Without objection, it is so or- are ready for award and will be obli- waste, fraud, and abuse, or someone dered. gated in the next 4 months. Is this the else’s earmarks. What is much harder AMENDMENTS NOS. 4232 AND 4231 program we want to stop? to identify is specific programs which Mr. INOUYE. Madam President, the Several Senators have proposed spe- should be cut. Senator from Oklahoma has proposed cifically rescinding funds from the Re- By way of example, if we cut funding two amendments, both of which are de- covery Act. Senator COBURN also sug- for NOAA, it will mean reducing our signed to offset the cost of the supple- gests this is one possible area of sav- capabilities to track the devastating mental bill before us. He argues that ings. Well, unless we want to cut the oil spill washing up on our gulf coast the Nation needs to find ways to use programs I have listed above, there are communities at this moment. Slashing existing funds to meet these needs. He no funds to rescind from the stimulus unobligated funding would curtail the even argues that some of the items bill. efforts to restore wetlands and beaches were not unforeseen and, therefore, do The Senator from Oklahoma is indis- that are vital to the environment and not qualify as emergencies. criminate in his suggestion we cut un- the local economy and to our fisher- I would respond, do not tell the peo- expended balances. Let me say this to men who are banned from fishing, evi- ple of Rhode Island and Tennessee that my colleagues, in a trillion dollar dis- denced by the fishing disaster just de- the floods in their States are not emer- cretionary budget, we better hope we clared by Secretary Locke. gencies. I would say any of us watching have unobligated balances because if In the case of homeland security, television are aware of the emergency we did not, we would be terminating most of the unobligated balances which which is occurring now on the gulf government services with a third of the remain available are for acquisitions coast. I would even say those in Okla- year still remaining to be funded. For such as the national security cutter, homa whose forests and towns have example, there would be no one to send aircraft for border security, border sta- been damaged by tornadoes are aware out Social Security checks, no one to tion construction, explosive detection of what an emergency is. keep our national parks open, and no equipment for our airports, radiation The Senator suggested we should not funds to maintain a terrorist watch list portal monitors, and border technology declare the cost of war as an emer- or fight our wars. such as sensors, cameras, and x-ray

VerDate Mar 15 2010 01:29 May 27, 2010 Jkt 089060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\A26MY6.006 S26MYPT1 smartinez on DSKB9S0YB1PROD with SENATE May 26, 2010 CONGRESSIONAL RECORD — SENATE S4407 machines. This amendment would force penny wise and pound foolish, as the work. It would eliminate over 40,000 us to curtail spending on these pro- old adage says. Head Start slots that provide com- grams at the same time other Senators One suggestion made by the Senator prehensive early childhood services to are urging the Senate to increase fund- from Oklahoma is to cut the adminis- low-income children. It would more ing for them. trative expenses of the Federal agen- than double the number of people wait- The Senator’s two amendments fall cies by 5 percent. Again, it is an idea ing on their disability decisions from short in identifying reasonable offsets that sounds good. Surely every bu- the Social Security Administration for the cost of these bills. Does this reaucracy can be cut back. I would and delay benefits for everyone waiting body want to penalize all civil servants note that on the Appropriations Com- on a decision. It would eliminate 13 by not allowing any cost-of-living ad- mittee, we look for such cuts every million meals for older Americans, justment for the coming year? Do we year, but setting arbitrary targets many of whom are low income, dis- want to encourage our most skilled would be irresponsible. For example, in abled, and depend on these meals for workers to leave Federal service be- the case of the State Department and the majority of their daily food intake. cause their pay, which already doesn’t the USAID, which lost large percent- On another matter, these amend- match the employment cost index ages of their professional staff during ments would also arbitrarily cap vol- when comparing similar jobs in the pri- the 1990s or had them transferred from untary payments to the United Nations vate sector, would be frozen? What Washington to other embassies in Iraq by $1 billion. No matter how important sense does it make to encourage our or Afghanistan after 9/11, it will exacer- to U.S. security, no matter how much best workers to quit? That is not good bate an already unsustainable situa- our allies are contributing, no matter management. Few successful private tion. Some of our embassies are 20 per- that our influence is often the function enterprises would suggest freezing pay cent short of staff. USAID is being of how much we contribute, the amend- for all their workers. asked to do more and more, especially ment picks a round number out of the There are items that I believe have in key countries such as Pakistan, air and prohibits spending $1 more. merit in the Senator’s proposal, and I without nearly half the staff to manage Those calculations must be made pro- hope the committee can work with him the funds and conduct the necessary gram by program, agency by agency, as we move forward into fiscal year oversight. whether for UNICEF, the World Food 2011 to identify them. Cutting overhead Here are a few examples of what a 5- Programme, the International Atomic and saving funding through taxpayer percent cut means. The Indian Health Energy Agency, or some other U.N. or- compliance are good ideas which I Service medical services would be cut ganization. The decisions should be know our appropriations subcommit- by $185 million. This means 10,000 fewer based on the merits and the national tees share. The government should rid inpatient admissions, 195,000 fewer den- security and foreign policy interests of itself of excess real property, and it tal patient visits, 55,000 fewer mental the United States, not on some arbi- should be encouraged to do so. But to health patient visits, and 85,000 fewer trary amount proposed in this amend- set an arbitrary target of cutting $15 public health nursing visits. The Na- billion seems unrealistic, unwarranted, ment. tional Park Service base operations Let’s stop trying to legislate by for- and unwise. All my colleagues should be advised would be cut by $115 million and result mula. If there are U.N. programs that that it is very difficult to make signifi- in a loss of 1,130 park rangers nation- do not deserve to be funded, I am all cant reductions in spending 7 months wide. This would necessitate the clo- for cutting our contributions, but this into the fiscal year. At this point, we sure of most national parks where se- amendment does not name a single have made commitments to our agen- curity and health and safety mainte- one. Placing a cap on new Federal em- cies, and they, in turn, have made com- nance could not be maintained, such as ployees would create problems for sev- mitments to contractors and grant re- the Statue of Liberty, the Washington cipients. No, they haven’t spent all Monument, the Grand Canyon, Yosem- eral agencies. If Homeland Security their funding for the entire fiscal year, ite, and the Yellowstone National needs to increase the number of Border but nor do they have large unneeded Park. Just think of the impact of such Patrol agents to secure the border or balances that can be reapplied to cover an action as we head into the busy the number of TSA operators to screen the cost of emergent requirements. summer months. The American people passengers for explosives under their If the Senate were to agree to cut would be incensed by such a rec- clothes, does that mean we must cut $100 billion from the legislative budget ommendation. the number of Secret Service agents or at this juncture, the Congress would This amendment would cut the child- Coast Guard personnel or customs in- have two choices: lay off our staffs so hood immunization program by $25 spectors or FEMA personnel who are that we are unable to meet the legisla- million, preventing more than 30,000 now helping to respond to disasters in tive demands of the institution or stop children from being vaccinated this Tennessee, Louisiana, Oklahoma, and work on maintenance. year. Mississippi? The Architect of the Capitol, Mr. Mr. COBURN. Madam President, The same point can be made for the Stephen Ayers, just testified that the would the chairman yield for a ques- IRS and the HHS because most fraud, Capitol Complex faces a growing back- tion? abuse, and waste is in the Tax Code and log of deferred maintenance projects Mr. INOUYE. Yes, I will be glad to. in Medicare. We need additional per- totaling over $1.6 billion which must be The PRESIDING OFFICER. The Sen- sonnel to uncover this waste. funded in the near future. Many of ator from Oklahoma. For the Veterans’ Administration, these projects are fire- and life-safety Mr. COBURN. The reduction is in when the agency is seeing an increas- related. The Architect has received nu- overhead expense; it is not in labor. ing number of veterans suffering from merous citations about the urgency of The definition the Senator is using is complex combat-related injuries and the needed repairs to the aging infra- an across-the-board cut. That is not in mental health problems due to numer- structure in the historical buildings this amendment at all. Does the chair- ous deployments, this is exactly the within our complex. The Russell, Can- man realize that the 5-percent reduc- type of government action our veterans non, Capitol, and the Thomas Jefferson tion is in overhead—not direct labor, do not need or deserve. Congress has Library of Congress buildings are all in not actual employees, but the manage- consistently, on a bipartisan basis, in- violation of current fire safety codes. ment costs to run the different agen- creased funding for the VA to build its The longer this work is delayed, the cies? capacity to handle these types of dis- more it will ultimately cost. Each Mr. INOUYE. We have looked into orders. This type of zero sum amend- year, the Appropriations Legislative that, and I can assure my colleague ment would ensure that in order to Branch Subcommittee attempts to that all the statements I have made adequately serve veterans suffering whittle away at this backlog by fund- have been verified. from mental health and other combat- ing a handful of these projects in the Further, it would eliminate childcare related injuries, the VA would have to annual appropriations bill. subsidies for 35,000 low-income children decrease its capacity to handle other So we could cut $100 million from the and their working families who depend services, including addressing the legislative budget, but it would be on subsidies in order to be able to backlog of claims processing.

VerDate Mar 15 2010 01:29 May 27, 2010 Jkt 089060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G26MY6.020 S26MYPT1 smartinez on DSKB9S0YB1PROD with SENATE S4408 CONGRESSIONAL RECORD — SENATE May 26, 2010 This is a small point, but since the I urge my colleagues to reject these ment. We need to expect more, and we Senator chose to raise it yesterday, I amendments because, on balance, they need to pay less. The American people wish to respond. I find it to be a clear are the wrong approach to solving our cannot afford the government we have. example of the way the Senator mis- Nation’s emergency needs. We are unaffordable. understands the work of the Appropria- I yield the floor. The chairman brings to the floor a tions Committee. The PRESIDING OFFICER. The Sen- bill that is more of the same. You can In his remarks yesterday, the Sen- ator from Oklahoma is recognized. be critical of what we have offered. We ator noted that the bill includes $1.8 Mr. COBURN. Madam President, I am don’t have the advantages of the staff million for the work of the Financial taken aback by the chairman’s re- the chairman has. But this is an honest Crisis Inquiry Commission and stated marks. We now sit at $13 trillion worth attempt to pay so we don’t charge it to that it was inappropriate to include of debt, we have 10 percent unemploy- our children. $1.8 million in emergency funding to ment, we are 4 years away from being Notice he didn’t say anything about continue the efforts of this Commis- Greece, and we are going to do what we the savings of $4.6 billion for not print- sion. Several Members of this Chamber have always done. The reason we can ing this paper every day that nobody disagree with the judgment of the Sen- freeze Federal pay is because there is reads but reads on the Internet. Yet we ator that the Commission is unneces- absolutely no inflation in this country. are going to spend $460 million a year sary, but on one point I agree with the So instead of giving the raise, we don’t. printing government reports from this Senator. I share his views that the con- Every private sector business out there body and the White House that nobody tinuation of the Commission does not today is getting extremely more with looks at in hard copy. I would assume constitute an emergency, and for that less—to the tune that the productivity you would take by unanimous consent reason, the Financial Services Sub- in the private sector was up 6.8 per- that we would cut $4.6 billion from the committee has been directed to iden- cent. If we had that same productivity American Government. We didn’t hear tify an offset in discretionary funds to in the Federal Government, we could about that. That is not one of the bad pay for this Commission, and they did. lose 150,000 employees and do the same ideas. We weren’t attacked on that. This Federal Government has to The cost of the Commission is fully off- thing. But we would not accept what is change if our kids are going to have a set with discretionary rescissions. necessary—the necessary pain—to pro- future. It isn’t going to change until I will reiterate what I said on Mon- tect this country for its future. day. The vice chairman and I worked The chairman mentioned unobligated we have the courage and the fortitude to ensure that only emergencies were balances, but he spoke about obligated to start making the hard choices. What the Appropriations Committee has said funded in this act. In the few cases balances. We are not talking about is that we are not going to make hard where nonemergency projects were money that has been obligated; we are choices, we are just going to borrow funded, we insisted that these pro- talking about hundreds of billions of the money. How many of you think the grams be offset. This may be the first dollars that is not obligated. Last year, war is an emergency? How long have time in decades that the committee at the end of the fiscal year, there was we known, or how long have we been in has followed such a strict policy. Col- in excess of $700 billion from the pre- Afghanistan? It is not an emergency. lectively, it was the judgment of the vious year that was unobligated, sit- Here on the chart is the definition of members of the committee that these ting there. our own rules for emergencies. Nothing are, indeed, tough times and we have to So it is about managing our money in this bill meets that except FEMA— be very stingy with our taxpayers’ properly. That is like saying if you nothing. Yet we have the gall to bring funds. But let me repeat: The fiscal cri- have $30,000 in a savings account and to the floor a bill called an ‘‘emer- sis the country faces cannot be over- you want to buy a new home, you are gency’’ because we don’t want to have come by failing to invest in those pro- going to leave it there and go borrow grams which are essential to our Na- to pay for it. We don’t want to make $60,000. No, you are going to use part of tough votes or make choices between tion. that to buy your new home. So we have The amendments offered by the Sen- competing priorities. the same approach that is disgusting ator are unworkable. They represent a We are just kicking the can down the America: We can’t, we can’t. What we classic case of robbing Peter to pay road, and we are kicking the soup that can do is borrow against the future of Paul. Should we cut the pay of our em- was in the can all over our kids. We our children. That is what this bill ployees at the same time we are asking lack courage. It is not popular, it is not does. them to be more efficient? That makes fun to make the hard choices, but we So the first time we come out here little sense. don’t have any leadership that will Should we cap the number of Federal with two good amendments that will bring the hard choices. That is why you employees when demands for veterans offer a choice for the Senators of this have this amendment. Had we brought services, border security, and ferreting body to actually make a downpayment this amendment and we made the out waste are on the rise? on change in this country, to make a choices, we probably would not have Again, in sound bites, it does sound true downpayment on change, we get gotten much kickback. But we decided good. But in implementing the concept, the same thing I have heard for 51⁄2 we are just going to charge it to our we see it is unworkable. years: We can’t. children. Finally, I think the Senate should Let me tell you what we can do. We Guess what is coming after this. An- thank the Senator from Oklahoma for can cap Federal employees. We have other $200 billion that isn’t paid for. drawing attention to the matter that added 180,000 Federal employees in the Since the chairman of this committee we need to do more with less. last 17 months in this country. By the voted for pay-go, we have borrowed $173 As chairman of the Appropriations way, their average salary is $30,000 billion outside of pay-go because we Committee, I can see the belt tight- more a year than in the private sector. voted and said it didn’t count, and we ening that will be required in the com- Their benefits are $40,000 a year, which had this wonderful celebration that we ing years as we get our fiscal house in is twice what it is in the private sector. are not ever going to borrow money order. There are elements of this pro- So capping Federal employees is a again. We are going to live within pay- posal I intend to have our subcommit- great way to start slowing down the go. But every time it has been there, tees incorporate as we move bills for growth and cost of government. we kicked it down the road. Pay-go fiscal year 2011. If the bureaucracy isn’t responding, means nothing. It means the American I can assure the Senator and all then it requires management changes people will pay and we will go spend it. members of the committee that the rather than adding more people. The That is what it means. That is what committee will continue to stress the worst managers in the world always this bill does. American people—you requirement to uncover waste and cut give the excuse: I need to have more kids, you grandkids—you are going to it. We will scrutinize all aspects of the people, rather than: I need to be cre- pay, and we are going to go spend it. Federal budget to identify the duplica- ative about getting more out of the How are you going to pay? Your stand- tion and unnecessary spending, and we people I have today. ard of living will decline. will use these savings to invest in the We need to change the standard This body—Republicans and Demo- shortfalls the Nation faces. under which we operate our govern- crats alike—is complicit in ruining the

VerDate Mar 15 2010 01:29 May 27, 2010 Jkt 089060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G26MY6.020 S26MYPT1 smartinez on DSKB9S0YB1PROD with SENATE May 26, 2010 CONGRESSIONAL RECORD — SENATE S4409 future for our children. It is time we cial ceiling for all discretionary spend- did put on the uniform of this land and change. We have a committee that ing is not the solution. If Sessions- served in a war that was fought about makes fun of attempts to try to change McCaskill is adopted, the Senate will six decades ago—ancient times. A few things; actually, it stretches the truth. be forced to slash funding for the De- things happened between that time and This isn’t going to cost one TSA person partment of Veterans Affairs and its this war. For example, although the their job or one FBI person. This gov- related agencies—including Arlington regiment I was privileged to serve in ernment is so fat and so overladen with National Cemetery—by $1.1 billion had about the highest casualties per excess that any smart manager can below the requested level. capita in the European conflict, it may come in and streamline it and we can If we take medical care off the be hard to believe but there was not a save 10 percent and the American peo- table—and I for one am not willing to single double amputee survivor. ple know that. cut medical care for vets—we put every Today, if one goes to Walter Reed We have 12 million people on SSI and other VA program at risk, including Hospital, one will see dozens of double SSDI. Do you know what we have dis- claims processing, medical and mental amputees. Why? Because of high tech. covered? We have discovered that 6 out health research, and hospital and clinic For example—I am being personal of 100,000 of them are operating com- maintenance and renovation. This now—in my case, it took 9 hours to mercial vehicles right now, but they would translate into an $862 million evacuate me. Nine hours? That is a are ‘‘disabled.’’ cut below this year’s appropriation for long time. But in Italy, they have hills. We have all sorts of fraud going on. non medical care VA programs. We are We had no helicopters in those days. We will not address that. We will not talking about a serious funding short- You had to be carried by hand. As a re- fix that. There is waste—at least $350 fall for essential VA programs. sult, no brain injuries survived and no billion the American public—maybe This year, the VA’s budget request double amputees survived. So the fami- not this body—would agree we can cut includes $460 million over fiscal year lies did not have the problem then that out of the discretionary in fraud and 2010 to hire more than 4,000 new claims they are having now. Medicare tomorrow, and nobody would processors. After years of budget re- There is another big difference. For feel a thing. Yet we have a stoic Appro- quests that ignored the backlog of example, if I wrote a letter as a soldier priations Committee that comes to the claims and the unacceptable wait in Italy, that letter was censored by Senate floor and tells us we can’t pay times for vets to get disability bene- my commanding officer. I could not for it. It is not that we wanted to pay fits, we finally have a responsible budg- say anything about the war. All I could for it, we didn’t want to pay for it be- et request that doesn’t simply expect say is: Italy is a beautiful place. The cause the staff on the Appropriations Congress to fill the holes. food is fabulous. Nothing else. You Committee knows where the dollars The current wait time for a vet to could not say that my buddy Tom was are, but they weren’t told to pay for it. have a disability claim processed is 160 shot. What they received at home were They are not going to be told to pay for days, and because of new benefits com- pleasant notes. ing on line that will stress the system the extenders bill that is coming ei- Today we have what is known as cell even more, the wait time is expected to phones and other technology. You can ther. What will have happened since spike next year. Asking a combat vet communicate with your spouse every February 12 when we passed pay-go? I to wait 6 to 7 months before receiving day. And these items are not censored. will tell you what will have happened: payments for injuries they suffered I have had members on my staff with $500 billion—$1⁄2 trillion—more in while defending this Nation is wholly husbands fighting in Iraq and Afghani- spending that is unpaid for and charged unacceptable. We cannot afford to stan. They communicate all the time. to our kids, and that will happen before delay the hiring of more claims proc- Imagine if you are communicating July 1. So in 41⁄2 months, after we say essors. with your husband in Iraq and suddenly we are going to put in the discipline, Likewise, we cannot afford to defer you see that evening on CNN a pro- that we are not going to spend money critical research into combat-related gram with that outfit in combat and we don’t have, we are going to spend medical and mental health conditions, your husband does not call you the 1 another $ ⁄2 trillion. such as traumatic brain injury and next day. The stress disorder complex No wonder the country is sick of post-traumatic stress disorder. To do is not only hitting the GIs, it is hitting Washington. Our behavior causes them so while this Nation is at war would be families. And now we are trying to cut to wonder about the future of our coun- the height of irresponsibility. VA, the Veterans’ Administration, try. I don’t apologize for offering this For construction, the VA’s request when the need is much greater? I can- amendment. I hope you vote against it already reduces these accounts by $293 not understand that. because the voters, this time around, million from fiscal year 2010. Further I concur with the chairman that, if are going to be looking at how you reductions in the program will only in- anything, if we are to show apprecia- vote and whether you are voting to crease the backlog of construction tion and gratitude, we should not be make the hard choices, willing to projects. cutting, we should be helping. I com- eliminate things—maybe some things I hope the authors of this amendment mend the Senator. that are good but not as good as what did not intend to reduce funding for I yield the floor. we need to be doing—and make this a veterans, but this amendment does The PRESIDING OFFICER. The Sen- priority. nothing to protect them, and the sub- ator from Maine. We don’t have that courage. My chal- committee will only be able to fund Ms. COLLINS. Madam President, I lenge to my colleagues in the Senate programs to the level to which funding feel honored that I was on the floor and is, let’s buck up. It is OK to take heat is available. able to hear the chairman of the Ap- from the special interests, the well- I urge my colleagues to reject this propriations Committee reflect on his connected and well-endowed. Let’s do amendment and pass a sensible budget own service and also compare the dif- what is the best and right thing for the resolution that tackles the Federal def- ferences between World War II and the country, not the easy thing for us, be- icit in a holistic approach rather than experience of our soldiers, our sailors, cause this bill, the way it is written simply attempting to balance the Fed- our airmen, and marines in the current now, is easy for us. eral budget on the discretionary side of conflicts. With that, I yield the floor. the ledger. My own father is a World War II vet- The PRESIDING OFFICER. The Sen- Madam President, I yield the floor. eran who was wounded twice in the ator from South Dakota is recognized. The PRESIDING OFFICER. The Sen- Battle of the Bulge. The second time he AMENDMENT NO. 4173 ator from Hawaii. was wounded was when he was waiting Mr. JOHNSON. Madam President, I Mr. INOUYE. Madam President, I to be evacuated. I can relate slightly, will speak for a few minutes regarding thank and commend my friend for his from the experience of my own father, amendment No. 4173, offered by Sen- presentation. He is one of the hardest to what we just heard from the distin- ators SESSIONS and MCCASKILL. working subcommittee chairmen of the guished chairman of the Appropria- While I understand the imperative of Appropriations Committee. tions Committee. I cannot imagine balancing the budget, an across-the- If I may, I wish to be a bit personal. being so badly wounded and waiting for board amendment that sets an artifi- As some of my colleagues are aware, I 9 hours to be evacuated.

VerDate Mar 15 2010 01:29 May 27, 2010 Jkt 089060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G26MY6.030 S26MYPT1 smartinez on DSKB9S0YB1PROD with SENATE S4410 CONGRESSIONAL RECORD — SENATE May 26, 2010 It is a good reminder to all of us, as have in place the necessary trainers ing, until the end of this fiscal year, we engage in the day-to-day debates and classes so that individuals could be the time for compliance. and arguments and, at times, trained to comply with this new rule. I want to make clear that I believe contentiousness, that we have true he- What our amendment would do is to we should try to proceed with the re- roes in our midst. Certainly, the Sen- delay the fines that would apply in moval of lead-based paint and that we ator from Hawaii is one of those. I cases of violations of this new rule need strict safety standards. But it thank him for his service—his lifelong until September 30. Indeed, it would does not make sense to impose huge service. It was an honor to be on the prohibit the EPA from imposing these fines on contractors who are unable to floor and to hear him talk about it be- fines, which are as high as $37,500 per get the required training, the manda- cause, like many of our World War II day per violation for violating this tory classes because the EPA did not veterans, he does not talk about it very rule. have the trainers in place before put- often. I want to make clear that I support ting the rule into effect. I wanted to say that before beginning efforts to rid our homes of toxic lead- In my State, the building industry is my remarks. based paint in a safe manner. But it is still struggling, and for a lot of individ- AMENDMENT NO. 4253 simply not fair to impose these burden- uals who are involved in the building Madam President, I ask unanimous some, onerous fines on contractors who industry, their only work is to do home consent to set aside the pending have been unable to get the EPA-pro- renovations. amendment and to call up amendment vided training because the EPA did My State also has an old housing No. 4253, which is at the desk. such a lousy job in planning for imple- stock, one of the oldest in the Nation. The PRESIDING OFFICER. Without mentation of this new rule. Ironically, this new rule may result in objection, it is so ordered. In my State, for example, as of last not having anyone who is qualified to The clerk will report. week, we have only three EPA trainers remove lead-based paint from homes The bill clerk read as follows: to certify contractors for the entire because of the way this rule has been The Senator from Maine [Ms. COLLINS], for State. As a result, only about 10 per- implemented. herself, Mr. ALEXANDER, Mr. BOND, Mr. cent of the State’s contractors have I talked at some length about this VOINOVICH, Mr. INHOFE, Ms. SNOWE, Mr. been certified. Hundreds of home ren- issue yesterday. I am not going to re- BEGICH, Mr. THUNE, Mr. COBURN, Mr. GREGG, ovators have had their names on wait- peat what I said yesterday. But let me and Ms. MURKOWSKI, proposes an amendment ing lists, some for as long as 2 months, point out that a lot of the contractors numbered 4253. but they simply cannot get the nec- in my State who are struggling already Ms. COLLINS. Madam President, I essary training, and that is through no financially do not earn in a whole year ask unanimous consent that the read- fault of their own. the $37,500 they can be fined for one ing of the amendment be dispensed I note that my amendment has been violation by the EPA. It is simply un- with. endorsed by the National Federation of fair that these heavy fines can be im- The PRESIDING OFFICER. Without Independent Business, our Nation’s posed when it is the EPA’s fault that objection, it is so ordered. leading small business advocacy orga- the classes have not been made more The amendment is as follows: nization. It has been endorsed by the readily available. (Purpose: To prohibit the imposition of fines Window & Door Manufacturers Asso- All I am attempting to do is to pro- and liability under certain final rules of ciation and the National Lumber and vide the EPA with more time to in- the Environmental Protection Agency) Building Material Dealers Association. crease the number of certified trainers. On page 79, between lines 3 and 4, insert These groups have endorsed it be- This is a matter of fairness. the following: cause they are hearing from their Madam President, I ask unanimous PROHIBITION ON FINES AND LIABILITY members of the tremendous burden and consent to have printed in the RECORD SEC. 20ll. None of the funds made avail- the tremendous fines that their mem- the endorsement letters from the able by this Act shall be used to levy against bers are potentially at risk of receiving NFIB, from the National Lumber and any person any fine, or to hold any person through no fault of their own. Building Material Dealers Association, liable for construction or renovation work As the NFIB pointed out in its letter, and from the Window & Door Manufac- performed by the person, in any State under the new EPA lead rule applies to vir- turers Association. the final rule entitled ‘‘Lead; Renovation, tually anyone who is involved in home Repair, and Painting Program; Lead Hazard There being no objection, the mate- Information Pamphlet; Notice of Avail- renovations involving lead-based paint. rial was ordered to be printed in the ability; Final Rule’’ (73 Fed. Reg. 21692 (April That includes painters, plumbers, win- RECORD, as follows: 22, 2008)), and the final rule entitled ‘‘Lead; dow and door installers, carpenters, NATIONAL FEDERATION OF Amendment to the Opt-out and Record- electricians, and other specialists. Its INDEPENDENT BUSINESS, keeping Provisions in the Renovation, Re- reach is very broad. Washington, DC, May 25, 2010. pair, and Painting Program’’ signed by the What we found throughout the coun- DEAR SENATOR: On behalf of the National Administrator on April 22, 2010. try is the EPA completely underesti- Federation of Independent Business, the na- Ms. COLLINS. Madam President, this mated the number of people who would tion’s leading small business advocacy orga- is a modified version of an amendment have to be trained. They also seem to nization, I am writing in strong support of I offered yesterday. I am joined by Sen- the Collins Amendment to H.R. 4899, the be operating under the false assump- Supplemental Appropriations bill, to delay ators ALEXANDER, INHOFE, BOND, tion that contractors either do new the enforcement of the Environmental Pro- VOINOVICH, SNOWE, BEGICH, GREGG, construction or renovation. Madam tection Agency’s (EPA) lead rule until Sep- BROWN of Massachusetts, MURKOWSKI, President, I don’t know about your tember 30, 2010. The NFIB will consider a COBURN, THUNE, and CORKER in sup- State, but that is not true in my State. vote in support of this amendment as an porting this amendment. In my State, the home renovators do NFIB Key Vote for the 116th Congress. On April 22, the EPA’s new lead paint all sorts of work, particularly in this On April 22, 2010, the EPA’s lead rule went rule went into effect. As I explained to economy. into effect requiring home renovation con- my colleagues yesterday, unfortu- tractors to complete a mandatory training This imposes a tremendous burden on class at an accredited facility. The new EPA nately the EPA completely botched the those of us who represent large rural lead rule applies to virtually any industry implementation of this important rule. States. In my State, most of the affecting home renovation including: paint- This rule is intended to make sure that courses were held in the southern part ers, plumbers, window and door installers, lead-based paint is removed safely from of the State, requiring painters and carpenters, electricians, and similar special- our homes and, thus, it requires those other contractors to travel hundreds of ists. The penalty for non-compliance can be involved in house renovations to par- miles to get the training they need. up to $37,500 per violation per day. NFIB ap- ticipate in a training course in the There are three States where EPA does preciates the intent of the law to ensure proper removal of lead-based paint, and lead-free painting, home renovation, and re- not have any certified trainers avail- pairs. However, we continue to be concerned then be certified. able. that the tight enforcement deadline unfairly Unfortunately, the EPA did not plan This is a commonsense amendment punishes contractors who have not been able well for the implementation of this attempting to put some sense in the to become accredited through no fault of new rule. Across our country, it did not decisionmaking at the EPA by extend- their own.

VerDate Mar 15 2010 01:29 May 27, 2010 Jkt 089060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G26MY6.031 S26MYPT1 smartinez on DSKB9S0YB1PROD with SENATE May 26, 2010 CONGRESSIONAL RECORD — SENATE S4411 NFIB has recently heard from several of tial to that effort. The targeted housing numbers of certified trainers, firms, and ren- our members in the home renovation indus- stock (pre-1978 homes) is estimated to be 80 ovators is still too limited, and that when try who were unaware of their responsibil- million homes nationwide. Currently. there coupled with the current lack of accurate ities under the new law. EPA did little to are only 204 trainers and 140,000 EPA-cer- test kits and public awareness, EPA is not plan for the implementation of the rules tified lead rule renovators across the coun- fully prepared to effectively implement and until it was too late, and many home ren- try, with some states having no trainers at administer the program established by the ovators had little information about how to all. EPA estimates that 300,000 renovators final rule. Our members are reporting that it comply, where to comply, and the resources will be needed for targeted housing. The is taking up to four months for EPA to proc- needed to comply. Those that became aware availability of EPA trainers is insufficient to ess their applications to have their firm cer- of the rules have had difficulty signing up for meet contractor demand. tified by EPA as required under the rule. We classes due to limited or no availability in We believe the new lead rule cannot be ef- therefore wholly agree with Senator Collins their area. In addition, several members fectively implemented until there are and her amendment, which would delay en- have mentioned that scheduling conflicts enough certified renovators to meet the forcement of the LRRP rule by EPA until made it almost impossible to find time to be- rule’s compliance goals. We therefore strong- September 30, 2010. We believe this new date come accredited before the April 22 deadline. ly urge you to allow Senator Collins’ LRRP of enforcement will provide enough time for We are concerned that the high penalty for amendment for consideration to the emer- our members to become registered with the non-compliance should be enforced without gency supplemental, which would delay en- EPA for lead certification. first taking every step possible to make sure forcement of the LRRP rule until September NLBMDA will continue its efforts to en- the small business community is fully aware 30, 2010. This delay in implementation will sure compliance but we strongly urge you to of its responsibilities. The Collins Amend- allow the EPA to devote more resources to delay enforcement of the LRRP rule until ment extends the deadline until September compliance assistance, increasing public September 30 by allowing Senator Collins’ 30, allowing the EPA to get more informa- awareness and accelerating the approval of LRRP amendment for consideration to the tion to home renovators about how to com- trainers. emergency supplemental. Once the amend- ply with the new rule. This time period will WDMA will continue its efforts to ensure ment is under consideration, we urge your allow the home renovation industry to compliance but we strongly urge that Sen- support for its passage. schedule an appointment with an accreditor ator Collins’ LRRP amendment to include Thank you for your attention to this mat- in their area and make sure they have the this needed delay in enforcement of the ter. necessary resources together to be in compli- LRRP rule until September 30 is allowed for Sincerely, consideration. Once the amendment is under ance. MICHAEL P. O’BRIEN, CAE, NFIB supports the Collins Amendment to consideration, we urge your support for its President & CEO. help small businesses comply with the new passage. Thank you for your attention to this mat- Ms. COLLINS. Mr. President, I ask lead rule. I look forward to working with you ter. for the yeas and nays on this amend- to reduce regulatory burdens on the small Sincerely, business community. ment. JEREMY STINE, Sincerely, The ACTING PRESIDENT pro tem- Manager of Government & Public Affairs. SUSAN ECKERLY, pore. Is there a sufficient second? Senior Vice President, Public Policy. There does not appear to be a suffi- NATIONAL LUMBER AND BUILDING cient second. MATERIAL DEALERS ASSOCIATION, WINDOW & DOOR Washington, DC, May 25, 2010. Ms. COLLINS. Mr. President, I un- MANUFACTURERS ASSOCIATION, Re Sen. Collins EPA Lead Rule Amendment derstand that the chairman has tempo- Washington, DC, May 25, 2010. to Emergency Supplemental. rarily stepped off the Senate floor, so I Re Collins LRRP Amendment to Supple- will withhold that request. mental Appropriations Bill. Hon. DANIEL K. INOUYE, Chairman, Committee on Appropriations, U.S. I suggest the absence of a quorum. Hon. DANIEL K. INOUYE, Senate, Washington, DC. The ACTING PRESIDENT pro tem- Chairman, Committee on Appropriations, U.S. Hon. THAD COCHRAN, pore. The clerk will call the roll. Senate, Washington, DC. Ranking Member, Committee on Appropriations, Hon. THAD COCHRAN, The bill clerk proceeded to call the U.S. Senate, Washington, DC. roll. Ranking Member, Committee on Appropriations, DEAR CHAIRMAN INOUYE AND RANKING MEM- Mr. ALEXANDER. Mr. President, I U.S. Senate, Washington, DC. BER COCHRAN: On behalf of the National DEAR CHAIRMAN INOUYE AND RANKING MEM- Lumber and Building Material Dealers Asso- ask unanimous consent that the order BER COCHRAN: On behalf of the Window and ciation (NLBMDA), we are writing to urge for the quorum call be rescinded. Door Manufacturers Association (WDMA), your support of Senator Collins’ Lead: Ren- The ACTING PRESIDENT pro tem- we are writing to urge your support of Sen- ovation, Repair and Painting (LRRP) amend- pore. Without objection, it is so or- ator Collins’ Lead: Renovation, Repair and ment to the emergency supplemental. As you dered. Painting (LRRP) amendment to the emer- know, the Environmental Protection Agen- Mr. ALEXANDER. Mr. President, I gency supplemental. As you know, EPA’s cy’s (EPA) new LRRP rule, which took effect new LRRP rule, which took effect April 22, was not on the floor when the Senator April 22, 2010, requires all renovation work from Maine made her remarks about 2010, requires all renovation work that dis- that disturbs more than six square feet in turbs more than six square feet and all win- housing built before 1978 must be supervised the EPA’s lead paint rule, but she and dow replacements in housing built before by a certified renovator and performed by a I have discussed it numerous times, 1978 must be supervised by a certified ren- certified renovation firm, as outlined in 40 and I wanted to congratulate her for ovator and performed by a certified renova- CFR § 745.85. her leadership and persistence on see- tion firm. NLBMDA represents over 6,000 members ing the impracticality of what the En- WDMA has consistently supported meas- operating single or multiple lumber yards, ures to protect those most vulnerable to po- vironmental Protection Agency is try- building material supply companies and ing to do. tential lead poisoning if lead-based paint is component plants serving homebuilders, sub- disturbed during renovation and repair of ex- contractors, general contractors, and con- She discussed this in the Appropria- isting homes and buildings. Our members sumers in the new construction, repair and tions Committee, she has discussed have made a concerted effort independently remodeling of residential and light commer- this with Senator FEINSTEIN, the Chair- and in cooperation with other organizations cial structures. Many of our members engage man of the Interior Appropriations to ensure that window replacements and in installed sales operations, such as window Subcommittee, and with me—I am the other remodeling activities they engage in and door replacement and insulation instal- ranking member on the Appropriations are performed in compliance with the certifi- lation, that are covered by the LRRP rule. Subcommittee on Interior—and as cation requirements, work practice stand- NLBMDA supports reasonable measures to ards, and all other requirements of the final protect those most vulnerable to potential more of us paid attention to what Sen- LRRP rule. lead poisoning if lead-based paint is dis- ator COLLINS was saying, we found a However, we continue to remain concerned turbed during renovation and repair of exist- significant problem in our own States. that there are an inadequate number of cer- ing homes and buildings. Our members have Of course, the lead paint rule is a tified renovators to implement the LRRP made a concerted effort independently and in good idea. The idea is that for struc- rule. This is having a serious impact on the cooperation with other organizations to en- tures that were built before 1978—they remodeling construction industry at a crit- sure that remodeling activities performed in mostly have lead paint—any work done ical time in our economic recovery, and target housing will be done in compliance by a repairman or contractor or paint- when consumers are attempting to respond with the certification requirements, work er that disturbs 6 square feet of lead to the call for reducing their carbon foot- practice standards, and all other require- print and green house gas emissions by ren- ments of the final LRRP rule. paint must be done by someone who ovating their homes to make them more en- However, NLBMDA also believes that de- knows how to do it safely. This is espe- ergy efficient. Window replacement is essen- spite the progress that has been made, the cially important to children under 6

VerDate Mar 15 2010 02:45 May 27, 2010 Jkt 089060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\A26MY6.012 S26MYPT1 smartinez on DSKB9S0YB1PROD with SENATE S4412 CONGRESSIONAL RECORD — SENATE May 26, 2010 and to pregnant women. So we want to we have thousands of repairmen, paint- see the Senator from Mississippi here. I do that. ers, and workmen who need to go to would be remiss if I did not thank him But in the State of Tennessee, it is a work on tens of thousands of homes, and the chairman of the committee for special problem to impose and enforce and we don’t want to have a risk where including within the supplemental ap- this new rule requiring contractors to they may have to pay a fine of $37,500 propriations bill several provisions be certified where we have just had se- for each violation. There are a lot of that will make it easier for the people vere flooding in our State that affects them who don’t make $37,500 in a year. of Tennessee, the important one being 52 counties, from Nashville to Mem- We are not talking about Wall Street $5.1 billion in money for the Federal phis. This is the single largest natural financiers here; we are talking about Emergency Management Agency. That disaster since President Obama took workmen, repairmen, and painters who helps everybody who has had a dis- office. are helping people dig out after a huge aster. FEMA is out of money. That ac- People who hear me say that, say: natural disaster. count is dry. Whether it is a flood in Well, Senator ALEXANDER, haven’t you So Senator COLLINS has not only Iowa, a drought in Oregon, a river in heard about the gulf oilspill? Yes, I done the State of Maine a service by Georgia, a flood in Tennessee, or what have heard about that, but that wasn’t her persistence, intelligence, and lead- is happening in the gulf coast today in a natural disaster. The biggest natural ership on this issue, but she has done a Mississippi, that account needs to be disaster we have had since President service for every citizen in the State of furnished. Obama took office is the flood in Ten- Tennessee in 52 counties who have been But there are other provisions in the nessee, affecting 52 counties. damaged by the severe flooding of the supplemental appropriations bill. The One of the reasons you haven’t heard year 2010. So I thank her for her leader- President didn’t ask for these, but he as much about it is because a lot of ship and say to her that I am proud to mentioned that in his visit with us yes- other things have been going on in the be a cosponsor of her amendment, and terday in the Republican caucus. He world, including the gulf oilspill, but I pledge to her—insofar as I am able as mentioned the flooding in Tennessee, another reason you have isn’t because the ranking member of the Appropria- which I appreciate. Tennesseans are busy cleaning up and tions Interior Subcommittee—to work I should also say that the FEMA rep- helping each other and not com- with other Senators on both sides of resentatives who have come to Ten- plaining and looting, so it doesn’t the aisle to try to get some common- nessee since the flood have done a first- make a lot of news. But the mayor of sense implementation plan for this class job. As of last week, about $100 Nashville says there is $2 billion of lead paint rule—a good rule, a bad million had already been delivered to damage just in that city alone. There plan. more than 30,000 Tennesseans who have was water 10 feet high in the huge Thousands of people are going to find been damaged by the flood. This has Opryland Hotel, where 1,500 people had that they can’t repair their homes or happened in just 10 days. The very ex- to be rescued and taken to a high that if they do, it will cost them thou- perienced director of FEMA for Ten- school gym. There was 2 feet of water sands of dollars more because the re- nessee, Gracia Szczech, said she had on the Opryland stage. pairmen they need to work on their her breath taken away by the amount There are 11,000 structures in Nash- homes can’t get certified by the EPA of damage and the number of individ- ville alone which have to be repaired as because there are only three trainers in uals affected and how rapidly it has a result of the flood. So I think you can the whole State of Tennessee to do the gone out. see where I am going, Mr. President. job. Tennesseans understand that Federal This isn’t just a problem in certifying I thank the Presiding Officer, and I money is not going to make anybody these EPA inspectors in ordinary yield the floor. whole. We are going to have to rebuild times. We have 11,000 structures in The ACTING PRESIDENT pro tem- our own homes and our own buildings. Nashville, 900 in Millington, 300 in pore. The Senator from Maine. But the actions of the supplemental ap- Dyersburg—maybe it is the reverse, Ms. COLLINS. Mr. President, I want propriations bill will help. but those are 2 other small towns and to thank my colleague and friend from Most impressive, though, as I have counties. People are going into their Tennessee for his comments and his mentioned—and I appreciate the Sen- basements, they are taking down support. We have been working on this ator from Maine saying something drywall, they are repairing their air- since we first began discussing it dur- about it—is the spirit and attitude of conditioning, they are repainting, they ing the appropriations markup, and he Tennesseans. In Clarksville, where are cleaning up and getting back on has illustrated what truly can be a dev- Fort Campbell is—the most deployed their feet. This is a special problem be- astating impact of this rule. It could troops in America—they got a day off. cause we only have 3 EPA trainers to prevent the renovations, the cleanup, They do not have many days off. Five certify up to 50,000 contractors who the reconstruction work from going hundred of them went out and cleaned might have to be working on these forward in his State. In his State even up three neighborhoods in Clarksville, homes. more than most States, the impact Montgomery County. In fact, we have over three-quarters could truly be devastating. It is serious I visited the Bellevue Community of a million structures in Tennessee— everywhere but truly devastating in Center in Nashville, and it was terrific that is, 750,000—which are homes or Tennessee. to see so many volunteers walking in childcare centers or schools or other I have also commented to my col- and asking to help. Whole congrega- buildings that were built before 1978 league from Tennessee how proud he tions in Tennessee—a 1,500-person con- that would be covered by this rule. So must be of the residents of his State. gregation—went en masse to help other having a good rule is one thing; having You hardly have heard of any com- counties and other neighborhoods. a thoroughly impractical application plaints from Tennessee even though I would say to the Senator from Mis- and implementation period is another. this has truly been a devastating flood. sissippi, during the Katrina episode a And then to do it in the middle of a I sometimes worry that perhaps be- few years ago, our church, the West- flood which is the largest natural dis- cause they are trying to help one an- minster Presbyterian Church, sent doz- aster since President Obama took of- other, they are not getting enough at- ens and dozens of Tennesseans down to fice is tone-deaf to reality. tention in the press or from Congress. help out at the gulf coast. Well, now So I have asked the EPA to delay the Fortunately, they have a very fine ad- our church is the headquarters for implementation and enforcement of its vocate in Senator ALEXANDER and Sen- many Mississippians and others who rule until September if a contractor ator CORKER, and they are continuing are returning to Tennessee to return registers for a training class. I am a co- to look out for them by cosponsoring the favor and help Tennesseans get sponsor of Senator COLLINS’ amend- this amendment. back on their feet. ment, and I think it is very important I thank the Senator for his support. This is going to be a long, several- that the Environmental Protection The ACTING PRESIDENT pro tem- year recovery for us, but this supple- Agency hear what Senators from all pore. The Senator from Tennessee. mental appropriations bill will help, around the country are saying, espe- Mr. ALEXANDER. Mr. President, I just as it will help disasters all over cially in our State of Tennessee where thank the Senator from Maine, and I the country.

VerDate Mar 15 2010 01:29 May 27, 2010 Jkt 089060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G26MY6.033 S26MYPT1 smartinez on DSKB9S0YB1PROD with SENATE May 26, 2010 CONGRESSIONAL RECORD — SENATE S4413 It would be another big help if the This amendment addresses an impor- gram, administered by the Department EPA did not make it worse. That tant issue we have in our forests in the of the Interior, could be used for two means stepping back to take a look West. Bark beetles have affected some purposes: No. 1, for high-priority and realizing that we have maybe 50,000 6.5 million acres of these forests. The noncoal reclamation as well as coal contractors who would need to be cer- epidemic has resulted in a dangerous reclamation; and, second, for State set- tified to work on up to 750,000 buildings situation where dead trees are falling aside programs for the remediation of in Tennessee. Many of them are flood- onto roads, trails, campgrounds, utility acid line drainage. The funds involved ed; many of them are not flooded. But lines, and other infrastructure, posing are those that have accrued to the we cannot get all that done in the next a substantial risk of personal injury or States under the formula in the Sur- few days, and people cannot afford death and property damage. face Mining Control and Reclamation $37,500 fines for a violation. Most Ten- The Forest Service and National Act but had not been previously appro- nesseans do not want to pay a few Park Service already have had to redi- priated. Use of these funds for noncoal thousand more dollars to fix their rect tens of millions of dollars of funds reclamation and acid mine drainage flooded basement or their flooded that were appropriated for other had been allowed prior to amendments house. projects and priorities in order to re- made by the Tax Relief and Health The repairmen and contractors and move trees killed by bark beetles. Care Act of 2006. There was no intent at painters need the work. The construc- This amendment provides $50 million that time to change that result. tion industry that has about a 22-per- to help address the unbudgeted needs of However, in 2007, the Solicitor in the cent unemployment rate right now— the Forest Service and the National Department of the Interior interpreted that is more than twice what the over- Park Service to remove bark-beetle- the amendments that we adopted in all unemployment rate is nationwide. killed trees around roads, trails, camp- 2006 as limiting the ability of States to So the EPA rule needs to adjust the grounds, and utility lines to protect use these funds under the Abandoned implementation or execution in some public health and safety. Mine Lands Program for these pur- sensible way so we can endorse the lead While the bark beetle epidemic has poses. paint rule, but we can do it in a way most significantly affected the forests With respect to the use of funds for that does not seriously disadvantage and agency budgets in the central and noncoal reclamation, while activities Tennesseans damaged by the flood. northern Rockies, the need to redirect on noncoal sites have consumed a rel- The Collins amendment deserves the funds to address these needs has an ad- atively insignificant portion of the support of the Senate, and I am glad to verse affect on other projects around funding provided for the overall AML have the opportunity to add my sup- the country. Program, use of targeted funds for port to her efforts. The amendment is fully paid for. As high-priority noncoal abandoned mines The ACTING PRESIDENT pro tem- I mentioned before, I appreciate that in the West is essential in terms of pore. The Senator from Mississippi is Senator UDALL of Colorado—who has public health and safety. recognized. been a strong advocate for doing this With respect to the use of funds for Mr. COCHRAN. Mr. President, I work—has cosponsored the amend- acid mine drainage, allowing the funds thank the distinguished Senator from ment, along with Senators MURKOWSKI to again be used for State set-aside Tennessee for his kind comments about and BENNET of Colorado. Senators yielding time. I congratulate him and programs for remediation of acid mine JOHNSON and BAUCUS also have advo- the Senator from Maine on their ag- drainage has considerable benefits in gressive move to make sure the Fed- cated for emergency funding for this terms of the environment and water eral rules and laws do not get in the work. quality, particularly in Appalachian I hope we can quickly get approval to way of humanitarian efforts that are States such as Kentucky and Pennsyl- go ahead and call up this amendment extremely important in a time of nat- vania and West Virginia. ural disaster. so it can be considered as part of this This amendment does not score. It The flooding in Tennessee is a hor- legislation. does not increase any funding to the rible mess. It has been overlooked in The next amendment I wanted to dis- States or to the tribes. It simply clari- the wake of the gulf oil spill and other cuss briefly is No. 4266, regarding Coast fies that States have the flexibility to things that have probably claimed cen- Guard funding. use AML funds for these two uses, as ter stage in terms of its national pub- This amendment looks around the was the case prior to the 2006 amend- licity and television coverage that has corner, or beyond the horizon a little ments, and at the appropriate time I been occasioned by these disasters. But bit, at a problem that is likely to hit will offer that amendment as well. my assurances are that we will con- us in the future. Under the Oil Pollu- Let me discuss one other amend- tinue to try to be active in a way that tion Act, if BP denies the claim for ment. I have two other amendments I will be a constructive influence in the damages associated with the Deep- want to discuss. The first is amend- interpretation and application of Fed- water Horizon disaster, the rejected ment No. 4267. eral rules in these situations. claimant has the right to file a claim The amendment I have mentioned The ACTING PRESIDENT pro tem- with the Federal Government through contains a number of process improve- pore. The Senator from New Mexico is the National Pollution Funds Center. I ments to help the DOE Loan Guarantee recognized. can see a virtual inevitability that this Program to operate more efficiently Mr. BINGAMAN. Mr. President, I will occur and perhaps occur reason- and effectively. I am pleased to have have five amendments I would like to ably soon. Then the National Pollution Senators MURKOWSKI and SHAHEEN as speak briefly about that I will not call Funds Center could find itself swamped cosponsors of this amendment. up at this point. I was advised they are with claims. They do not have ade- The amendment does six important still trying to see if there is any objec- quate funds in their annual appropria- things: tion to these being called up. I would tion to deal with it. No. 1, it provides the flexibility to still like to discuss them and explain The amendment simply allows them, allow applicants to pay a portion of the to people why I would like to see these for this one incident, to access further credit subsidy cost, in concert with the amendments adopted. appropriations for these administrative use of appropriations for other parts of The first amendment I want to dis- costs. I think it is prudent for us to do the cost. This feature will allow us to cuss is amendment No. 4279 related to this in light of what may well transpire make more effective use of the appro- bark beetles. This is a serious problem in the reasonably near future. priations provided to the program. all of us in the West have observed. The third amendment I want to talk No. 2, it drops the requirement for This amendment is cosponsored by about deals with the abandoned mine expensive third-party credit reports in Senator MURKOWSKI, who is the rank- lands legislation we have on the books. cases where the projects are small and ing member on our Energy and Natural I added Senator BUNNING as a cospon- are being proposed by start-up firms, Resources Committee, Senator UDALL sor. It is amendment No. 4187. which generally do not have a credit of Colorado, and Senator BENNET of This amendment would clarify that rating. The Department would treat Colorado. We are, of course, looking for certain funds provided to the States these firms as having the lowest credit additional cosponsors. under the Abandoned Mine Lands Pro- rating, which is what start-up firms

VerDate Mar 15 2010 02:45 May 27, 2010 Jkt 089060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G26MY6.034 S26MYPT1 smartinez on DSKB9S0YB1PROD with SENATE S4414 CONGRESSIONAL RECORD — SENATE May 26, 2010 without a balance sheet generally have Last October, the Secretary of Vet- Secretary of Veterans Affairs. By 2009, in any case. erans Affairs announced his intention more than 263,000 Vietnam veterans No. 3, it provides enhanced hiring au- to establish a presumption of service were receiving disability compensation thorities for the DOE loan guarantee connection for three medical condi- related to this decision. That is 10 per- office and for professional advisors to tions, including ischemic heart disease, cent of everyone who went to Vietnam, help analyze projects being proposed for veterans who were exposed to Agent has been service connected, through for support through the program and Orange. He stated this rulemaking was this Agent Orange bill, with respect to the related advanced vehicle tech- necessary as a result of the Agent Or- type 2 diabetes. nology loan guarantee program. ange Act of 1991, which requires the The estimates we would have on cor- No. 4, it fixes a glitch in DOE’s rules Secretary of Veterans Affairs to pro- onary heart disease are much higher. for the loan guarantee program that mulgate regulations establishing a pre- We are talking about the potential, at prevents a project being guaranteed sumption of service connection once he a minimum, of spending $31 billion in from being located on more than one finds a positive association of exposure the next 10 years as a result of this pre- site. to herbicides in the Republic of Viet- sumptive service connection, and I No. 5, the amendment also removes a nam and the subsequent development must say I have not had the oppor- requirement that keeps an applicant of any particular disease. tunity, as a member of the Veterans’ from submitting more than one appli- The Department of Veterans Affairs Committee, to hear from the Secretary cation to the program. made a request on the basis of this of Veterans Affairs as to how he made No. 6, finally, the amendment allows rulemaking. It is contained in this sup- this connection. Looking at the review chart, there the loan guarantee appropriation made plemental. It is an amount of about was a category called ‘‘level of connec- as part of the Recovery Act to be used $13.6 billion for the service connection, tion.’’ In other words, when you take for energy efficiency projects, in addi- principally of coronary heart disease, the scientific information and you tion to renewable energy and elec- to Agent Orange in Vietnam. apply it to this condition, what is the tricity transmission projects. I think we need to proceed very care- level of connection? For instance, when These proposed changes have sub- fully in terms of our role in the Con- they looked at B-cell leukemia, there stantial bipartisan and bicameral sup- gress in examining this presumption. It was sufficient evidence. That was a port. They do not add to the score of is not yet official policy in the Depart- category. this bill, but will greatly help move the ment of Veterans Affairs. It is still in When we are looking at coronary loan guarantee program forward. the review process. The Congress is heart disease, it is ‘‘limited or sugges- I urge the adoption of this amend- going to have 60 days beginning at tive evidence.’’ I do not know what ment. some point this summer to examine that means. But what I wish to say is The final amendment I want to speak this decision that General Shinseki that we have an obligation in the Con- briefly about is amendment No. 4268. made. gress, A, to make sure we take care of Amendment No. 4268 contains an im- My amendment basically says: We our veterans but, B, that we also hold portant process improvement to help should fence this money. And I think it the executive branch to some sort of the Department of Energy Loan Guar- is appropriate that, no pun intended, accountable standard. antee Program to operate more effi- the Appropriations Committee honor That accountable standard will be oc- ciently and effectively. It sets a 30-day the request of the DVA in this issue. curring over the next couple of months. limit for dealing with or reviewing But we should fence this money until I think it is appropriate in this par- loan guarantee applications by the Of- the review process is complete. ticular supplemental that we mark fice of Management and Budget once This is the difficulty here. When the this—it is either $13.4 billion or $13.6 they are approved for conditional com- Agent Orange legislation was passed in billion for this increase in the service mitments by the Department of En- 1991, it created two different sorts of connection, that we mark this as ‘‘not ergy. The time consumed by OMB re- presumptions. The first was that every- to be spent’’ until we can clarify this views and the delays this has engen- one who had been in Vietnam, everyone issue. dered in the program have been a sub- who had served in Vietnam, was pre- This is not in any way an issue as to stantial impediment to the effective sumed to have been exposed to Agent whether we support our veterans. I functioning of the program. Orange. I would say, as a committee take a back seat to no one in my con- This amendment would provide for a counsel in the House of Representa- cern for our veterans. I have spent my much greater degree of certainty and tives more than 30 years ago, I coun- entire adult life one way or the other clarity in the operation of the pro- seled the Agent Orange hearings. There involved in veterans law. But I do gram. were four Agent Orange hearings. That think we need to have practical, proper Again, I am pleased to have Senator was a very generous assumption that procedures, and I do believe that the MURKOWSKI as a cosponsor of the was made in this law, to say that ev- executive branch, whether it is the amendment. I hope we can adopt it as eryone who was in Vietnam was, in EPA or the State Department or the part of this legislation. fact, exposed to Agent Orange. Department of Veterans Affairs, needs I will wait until I am advised by the We do want to take care of those who to be held to an accountable standard. floor managers that it is appropriate to were. We do want to take care of our With that, I hope very much that we call up these amendments, and at that veterans who served and who incurred can get this amendment as a part of time I will hope to be able to do so. I disabilities or diseases as a result of the managers’ package. As the issue re- hope we can get the necessary support that service. solves itself, we can decide the appro- to adopt the amendments. The second presumption in this legis- priate level of funding that will go to I yield the floor. lation was that, as a matter of execu- the connection between medical condi- The ACTING PRESIDENT pro tem- tive discretion, the Secretary of Vet- tions and exposure to Agent Orange. pore. The Senator from Virginia is rec- I yield the floor. erans Affairs could then look at infor- The ACTING PRESIDENT pro tem- ognized. mation and decide which diseases or pore. The Senator from Mississippi. Mr. WEBB. Mr. President, I would medical conditions should be also pre- Mr. COCHRAN. Mr. President, I sug- like to speak today on an amendment I sumed to have resulted from exposure gest the absence of a quorum. filed, amendment No. 4222, which I to Agent Orange. The ACTING PRESIDENT pro tem- hope at the appropriate time will be So, first, everyone who served in pore. The clerk will call the roll. called up on my behalf. Actually, I sug- Vietnam is assumed to have been ex- The assistant editor of the Senate gest and hope this will become a part posed to Agent Orange, and then cer- Daily Digest proceeded to call the roll. of the managers’ package. tain medical conditions are determined Mr. WHITEHOUSE. I ask unanimous It is a relatively simple amendment, so that the presumption is they were consent that the order for the quorum but I think it is very important in the result of Agent Orange exposure. call be rescinded. terms of clarifying the role of the Con- In 2001, it was decided that type 2 di- The ACTING PRESIDENT pro tem- gress versus the role of the executive abetes was the result of Agent Orange pore. Without objection, it is so or- branch in a lot of decisionmaking. exposure. It was decided by the then- dered.

VerDate Mar 15 2010 01:29 May 27, 2010 Jkt 089060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\A26MY6.011 S26MYPT1 smartinez on DSKB9S0YB1PROD with SENATE May 26, 2010 CONGRESSIONAL RECORD — SENATE S4415 Mr. WHITEHOUSE. Mr. President, I in the fencing is leaves and grass and and ask questions about flood aid. I rise to speak about important funding other bits of trash, because the river heard from a number of people who feel in the supplemental appropriations act was over all of this. This fence was a as though they have fallen through the that will help my State of Rhode Island strainer, picking leaves, trash, and cracks in the wake of this disaster or recover and rebuild from the recent other debris out of the flow. This was feel that the help they have received is devastating flood which left homes de- completely under water when the river not enough. stroyed, businesses closed, and thou- was at its height. When it came back, Small business owners, for instance, sands and thousands out of work. The it left the devastation of this auto and have been limited to receiving low-in- help in this bill is very important to salvage yard. According to local news terest loans from the SBA to recover us. Residents of our Ocean State were reports, the floods destroyed 1,200 cars from their flood damage. But for many in a tough spot long before the rain in this salvage yard as well as 16 cars of the small businesses which were al- started to fall. Our economy had been in a sales lot and thousands of dollars ready struggling through the terrible in severe recession for 28 months. Un- worth of car parts. The damage to the economy I described before the floods employment has remained over 12 per- surrounding neighborhood and the even came, the prospect of taking on cent, putting us in the top 5 States for other businesses near Councilman more debt in order to repair flood dam- unemployment for 12 months. Home- Padula’s yard was equally severe and age is not feasible. They need grant lessness is on the rise. We are in the devastating. support. top 10 States for foreclosures, and our This legislation will enable the Army What is important about this legisla- State budget is simply a disaster. The Corps of Engineers to examine the fac- tion is that CDBG and EDA will allow historic back-to-back floods in March tors that led to the severe flooding in the local municipalities to design ap- hit an already hard-hit State. Rhode our State. It will help Rhode Island propriate programs to catch the people Island saw more rain during this dis- apply effective mitigation measures to who were not those 25,000 satisfied cus- forecast the risk of and prevent future aster than any month on record ever, tomers of FEMA but are the people flooding. Our communities are now over 16 inches, with over 5 inches of who, because of the nature of the pro- hesitant to rebuild for fear of another rain falling on March 30 alone. gram and the nature of their flood flood. We must take steps to prevent a The devastation wrought by these damage somehow managed to fall disaster such as this from happening storms exceeds anything in living through the cracks. again. People have to know where the memory. Meteorologists who have re- For our towns and cities in Rhode Is- danger area is. When you get two back- viewed it are calling this the most land, again, this could not have come to-back floods in a matter of weeks damaging storm to hit the Ocean State at a worse time. I have already shown that both blow through the 100-year since 1815. It is too soon to estimate you some of the damage that was sus- flood line, one of which blows through the full economic impact of the March tained in West Warwick. That is a town the 500-year flood line in places, some- flooding, but it is clear that the eco- that was already experiencing hard thing is wrong with the measurement nomic damage to Rhode Island will be economic times. Now the town’s al- of the flood risk. The people who have ready stretched budget has been pushed prolonged and severe. The peak storms been subjected to these floods know to the limit by the overtime shifts and of March 30 and 31 brought commerce that. As one local business owner said the emergency repairs and all of the not only in Rhode Island but in the re- in a recent report on WRNI, our local extra effort required to deal with the gion to a halt. Route I–95, the main ar- NPR station: What happens if it floods flood and its aftermath. By lowering tery that connects the major cities of again in 2 months? New England and the middle Atlantic We need this knowledge. We need the the State and municipal cost share States, was closed for 2 full days. It support from the Army Corps to get in from 25 percent to 10 percent, this ap- flooded out following a surge of the there and tell us what the real present propriations package will be a big re- Pawtuxet River. The river, which has a flood risk is. Clearly, the previous esti- lief to the people of West Warwick. flood level of 9 feet, crested at its all- mates were badly wrong. Frankly, the city of West Warwick and time high, almost 21 feet, on March 31. This bill also contains funding for others will have the ability now to de- It is hard to overstate the impor- community development block grants sign packages to help their residents tance of I–95 to Rhode Island’s econ- and economic development assistance and their small businesses that were omy because not only is it a regional grants for long-term recovery efforts not adequately compensated by FEMA artery, it is probably the single most that will help restore and rebuild to try to get them back on their feet. heavily traveled local commuter and Rhode Island communities. As I trav- So it is two good things for the munici- commercial artery for our State. Simi- eled around the State for days fol- palities: It is a reduction from 25 per- larly, even Amtrak service through lowing the flood, the sheer magnitude cent to 10 percent in their share, and it Rhode Island was suspended for 5 days of the damage was unprecedented. The is an opportunity to create a plan that due to the flooding out of the Amtrak Federal response came quickly. The will help serve their constituents. rails. President issued a disaster declaration In Cumberland, RI, Hope Global, one At the height of the rains, Provi- almost immediately. Homeland Secu- of the town’s largest employers, was dence Street, a main road in West War- rity Secretary Napolitano was on the completely washed out by the flood. wick, looked more like a river than a ground within days. FEMA quickly This is a picture of Hope Global I have road. This picture shows local emer- came in to set up emergency assistance in the Chamber. This is their loading gency workers rescuing people who centers and begin processing disaster dock. Normally, there would be no have been flooded into their homes and assistance applications. They set up of- water there at all. There would only be apartments, driving them through the fices all across the State. They did a a parking lot there, and a truck would flood in a boat with jet skis. It is not phenomenal job of getting people into back up to this level. This would be often that one sees local emergency the State, of reaching out across the several feet off the ground. As it was, I workers driving down the roads of State and making sure they were wide- floated through those loading docks in Rhode Island towns on boats and jet ly spread and available to victims of an inflatable boat at Hope Global. skis. But that is what it took to get the flood. So far FEMA has processed They are an enterprising company. residents out who had been trapped by more than 25,000 claims and, in a State Cheryl Merchant, who is their CEO, is rising flood waters. of a million people, that is a big num- an astonishing woman. She had all of A few days later, this was the scene ber. I thank them for their hard work. the equipment in that factory jacked at Angelo Padula & Sons auto salvage Of course, FEMA delivers a particular up on temporary pallets of one kind or yard in West Warwick. The waters have specified product that is defined by law another, so when the flood came in, it receded, but we can clearly see the and regulation. They haven’t been able did not damage the machinery because damage left behind. All of these cars to help everyone. People have fallen it had been jacked up. When the flood- were covered and filled with water. We through the cracks, and so many Rhode water went back down, they put the can see the mud from the river heaped Islanders remain frustrated. machinery back down on the ground. all over them. I don’t know whether it I recently held one of my community They got their electricity going again. can be seen on television, but hanging dinners in Cranston for people to come They plugged back in, and they were

VerDate Mar 15 2010 01:29 May 27, 2010 Jkt 089060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G26MY6.039 S26MYPT1 smartinez on DSKB9S0YB1PROD with SENATE S4416 CONGRESSIONAL RECORD — SENATE May 26, 2010 running in no time. Before their execu- The PRESIDING OFFICER. Without could very well last for years to come, tive offices were cleaned up, while ev- objection, it is so ordered. does not allow them to get away with erything was still a wreck, the machin- AMENDMENT NO. 4174 not being fully responsible. ery was already spinning and the Mr. MENENDEZ. Mr. President, I ask I believe yesterday we had a big day Rhode Islanders at Hope Global were for regular order with regard to the in the Senate in this debate about li- already back at work. That was a great Reid amendment No. 4174. ability caps for oil companies that thing. But now they face the problem The PRESIDING OFFICER. The spill. First, the administration finally of, do we stay? Should we go on? amendment is now pending. clarified. It had originally said we be- lieve the cap should be lifted, but it Should we find a location where we do AMENDMENT NO. 4289 TO AMENDMENT NO. 4174 had not quantified as to what that not face this kind of a risk? Mr. MENENDEZ. Mr. President, I should be. Yesterday the administra- One of the important decisions Hope offer a second-degree amendment tion clarified its position to say it will Global needs us to make is to reduce which is at the desk. support unlimited liability for damages the threat of future flood damage. Can The PRESIDING OFFICER. The caused by future spills in deep waters. there be a berm that protects them clerk will report the amendment. Then several of my Republican col- from the river overflowing, as it did The assistant legislative clerk read leagues came to the floor of the Senate here? They would like to see that berm as follows: constructed along the riverbank for to support unlimited liability for dam- their protection, and we are hopeful The Senator from New Jersey [Mr. MENEN- ages caused by this particular spill, not DEZ], for himself, Mr. NELSON of Florida, Mr. the funding in this appropriations LAUTENBERG, Mrs. MURRAY, Mr. SCHUMER, a broader range. I think that is package will help Cumberland to assist Mrs. GILLIBRAND, and Mr. KAUFMAN, proposes progress. the Army Corps in getting that done an amendment numbered 4289 to amendment We certainly embrace the fact that quickly. No. 4174. for this and any potential future spill I will close by pointing out that the Mr. MENENDEZ. Mr. President, I ask there should be unlimited damages. So motto on the Rhode Island State flag is unanimous consent that reading of the from when I started this effort with ‘‘hope.’’ That is our symbol. That is the amendment be dispensed with. several of my colleagues, including phrase, the word that has seen us The PRESIDING OFFICER. Without Senator NELSON, Senator LAUTENBERG, through tough times in the past. The objection, it is so ordered. Senator MURRAY, and others, we have flooding has destroyed homes. It has The amendment is as follows: come from opposition to lifting the closed businesses. It has put careers on (Purpose: To require oil polluters to pay the cap, to a determined amount, to now hold. But the people of Rhode Island full cost of oil spills) having an understanding that unlim- have stood up remarkably well. How- At the end of the amendment, add the fol- ited liability certainly in a spill of this ever, the job of rebuilding roads, re- lowing: nature should, in fact, take place. However, we cannot depend on BP’s building bridges, rebuilding sewage TITLE V—OIL SPILL LIABILITY treatment plants, rebuilding public fa- good word or BP’s statements. There is SEC. 5001. REMOVAL OF LIMITS ON LIABILITY no consent judgment. There is no writ- cilities, homes, and businesses is a co- FOR OFFSHORE FACILITIES. lossal and daunting task for a State al- (a) IN GENERAL.—Section 1004(a)(3) of the ten guarantee. We need to make sure ready 28 months into severe recession. Oil Pollution Act of 1990 (33 U.S.C. 2704(a)(3)) those communities within the gulf and Rhode Islanders are a resilient bunch. is amended by striking ‘‘plus $75,000,000’’ and that we as a nation and as taxpayers do We will recover and rebuild. But this inserting ‘‘and the liability of the respon- not have to pay for BP or any other re- will certainly help us to get there. sible party under section 1002’’. sponsible party. Since this appropriations package (b) EFFECTIVE DATE.—The amendment So it is encouraging to see colleagues was passed unanimously in committee, made by this section takes effect on April 15, coming around to see it the way I and 2010. I hope for quick passage on the floor. 20 Senate cosponsors of my bill are sup- I see the very distinguished ranking Mr. MENENDEZ. Mr. President, the porting, but we still have a bit of a member of the Appropriations Com- amendment I rise to offer today as a ways to go. We all should agree all oil mittee, Senator COCHRAN of Mis- second-degree will do something sev- companies should pay for all damages sissippi, who represents a State that eral of my colleagues and I have been caused by spills from offshore facili- has seen its own share of flooding and seeking to do on the floor for the last ties, certainly if they are doing deep- difficulty recently. I know how sympa- 2 weeks or so; that is, to make abso- water drilling, certainly if they create thetic he is to our concerns and how ef- lutely certain that big oil polluters pay the risk; and if that risk ultimately fectively and helpfully he has worked for oilspills and not the taxpayers—not ends in damage, we should be able to with JACK REED, my senior Senator, fishermen, not small business owners, universally agree they should be re- who is also on the Appropriations Com- not coastal communities, not States, sponsible for the liability. But we mittee, who has worked to see that not municipalities. should not depend upon doing that just this gets done. So I want to take this This amendment would eliminate the when an oil company makes state- moment, as I conclude my remarks, to artificially low liability cap that is ments they promise to pay; not just pass on my gratitude to the chairman, currently in place—a cap that is cur- when the company is so big it can pay Senator INOUYE; the ranking member, rently set at $75 million—which means with a few weeks’ worth of profits. We the distinguished Senator from Mis- companies such as BP are only on the need to make sure people whose liveli- sissippi, Mr. COCHRAN; and my senior hook legally for less than 1 day’s prof- hoods are ruined by an oilspill are pro- Senator, JACK REED, for all of their its. BP made nearly $6 billion in 3 tected no matter what. We need to en- work in pushing this funding through months of this year in profits—not pro- sure big oil companies are held ac- the Appropriations Committee to ceeds, profits. That comes out to about countable no matter what. where it is now on the floor. Our State $94 million a day. So the present liabil- That is why I am offering this is lucky to have had their support, and ity cap—the cap that says, yes, you amendment to remove the cap on li- I look forward to continuing my work have to be responsible for all the clean- ability completely so we can truly hold with Senator REED to make sure Rhode up, all of the efforts, but to the extent oil companies accountable for all of Island rebuilds. you have damaged shrimp fishermen, their potential damages. I yield the floor. commercial fishermen, to the extent I have heard some people referring to Mr. President, I suggest the absence you have damaged coastal commu- keeping the oil companies responsible, of a quorum. nities—to all of that extent—there is a such as BP, as un-American—un-Amer- The PRESIDING OFFICER (Mr. $75 million limit. Well, if we let that ican—to hold a multibillion-dollar cor- MERKLEY). The clerk will call the roll. stand, that would be less than 1 day’s poration accountable for the very dis- The assistant legislative clerk pro- profit for BP. So we want to make sure aster it created. I think it is un-Amer- ceeded to call the roll. they are legally on the hook and their ican not to be able to pursue such a Mr. MENENDEZ. Mr. President, I ask spill, which wreaks complete economic corporation for the purposes of holding unanimous consent that the order for devastation on small business and local them accountable for the disaster they the quorum call be rescinded. communities and our environment that have created to the economic well-

VerDate Mar 15 2010 01:29 May 27, 2010 Jkt 089060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G26MY6.040 S26MYPT1 smartinez on DSKB9S0YB1PROD with SENATE May 26, 2010 CONGRESSIONAL RECORD — SENATE S4417 being of commercial fishermen, shrimp The PRESIDING OFFICER. The Sen- About 17 percent of the people who fishermen, seafood processing plants, ator from Arizona. come across illegally are criminals, coastal communities, wetlands, and a Mr. KYL. Mr. President, I ask unani- wanted for crimes in this country, and whole host of other consequences that mous consent that the order for the obviously they don’t want to go to jail. we have. quorum call be rescinded. For the other 83 percent, roughly, This is a chance to show if we are The PRESIDING OFFICER. Without those are people coming here to work. going to stand up with big oil or with objection, it is so ordered. They cannot work and make money if small businesses, including fisheries Mr. KYL. Mr. President, in a moment they are in jail. They cannot send and coastal communities, whether we I am going to talk about both the money back to family in Mexico or El are going to stand up with multibil- amendment offered by my colleague, Salvador or wherever it might be, so lion-dollar corporations or with the Senator MCCAIN, to provide funding for they, too, want to avoid this result. taxpayers of this country so they have members of the National Guard to be The effect of this in the Yuma sector no liability whatsoever. I think the deployed to the border, our southern of the border—which is one of the two choice is pretty clear. border with Mexico, for the purpose of sectors, Del Rio, TX, being the other— I hope everyone in our Chamber will better border security, as well as the where it is fully implemented, is that do the right thing, to hold big oil ac- amendment which I have offered as a there is virtually no illegal immigra- countable for the damages they have second-degree amendment to the tion attempted in that sector of the caused. I hope our colleagues will join Cornyn amendment which provides border anymore. There are effective us in this effort. I am truly pleased to funding for Operation Streamline, fences—about 11 miles of double fenc- see there is a movement in this direc- which is the process by which people ing—and they have sufficient Border tion. I hope we can make it a bipar- who are apprehended crossing the bor- Patrol agents in the area. tisan movement. I think the American der illegally are sent to jail for a cou- There are some other factors for the people are seeing that regardless of ple of weeks as a deterrent so that they reduction of illegal immigration in what BP ends up committing to pay or then don’t want to cross in the future that sector. In the last 5 years, the ap- what they don’t commit to pay, when because they know they are going to be prehension has declined from 18,500 they came before the Energy Com- in jail rather than working someplace down to about 5,000-some—a 94-percent mittee and the executives were there for the money they came to work for. decrease. The head of the Border Patrol and they were asked what are all the Just to explain one thing: when there and others tell me one of the primary legitimate claims, they equivocated on is a member of the majority on the reasons for that reduction is this oper- a series of answers: Well, is this a le- Senate floor, I will ask unanimous con- ation streamlining—the sure knowl- gitimate claim? Is this a legitimate sent to modify my amendment with a edge if they cross into that sector, they claim? Is this a legitimate claim? They technical modification. But the amend- are going to jail. If we can provide that equivocated on all of that. ment is the same. What it does is to same kind of deterrence in the Tucson When the three different entities— provide the sum of $200 million for ad- sector, where about 50 percent of all il- BP, Transocean, and Halliburton, all of ditional funding for multiagency law legal immigrants are crossing into the whom may be responsible parties—had enforcement initiatives—that is the United States from Mexico, then we the opportunity, they all did the fin- way they are described—for the Tucson would have gone a long way toward se- ger-pointing at the other one. That sector of the border, and that is rough- curing the border. Certainly, in Ari- does not give me a sense of security or ly the eastern half of the Arizona bor- zona we would have substantially a guarantee that this enormous con- der with Mexico. eliminated illegal immigration in the sequence to our environment and to Mr. President, $155 million of that State. our economy is going to be taken care would be available for the Department If we add to that the amendment of of by the words of those who both shift of Justice for the purpose of hiring ad- Senator MCCAIN, which would provide blame and equivocate on their respon- ditional deputy marshals, constructing the funding for deploying National sibility. I think we have clearly permanent detention space, and other Guard on the border, I think we can go learned there obviously is no such related needs of the Secretary of a long way toward securing the border thing as a rig that is too safe to spill, Homeland Security and the Attorney in a relatively short period of time. So and there should be no legal wiggle General, then $45 million available to when the President has said he agrees room for oil companies that devastate the judiciary for courthouse renovation with us that we need to secure the bor- coastal businesses and communities and administrative support, including der, and he even proposed some funding now or in the future. judges and court clerks. or some National Guard troops on the This spill, if nothing else, tragedy This is offset, and the emergency des- border, I think this is a recognition that it is, should serve as a rallying cry ignation would be appended to it as the that it is the right way to go. for holding big oil responsible for the modification I will submit. The pur- I will make two quick points about damage it has caused. That is our pose of this is to enable the Border Pa- Senator MCCAIN’s amendment. First, choice. That is our opportunity. I urge trol and the Department of Justice, the President has proposed far fewer that is the fierce urgency of now, as we when illegal immigrants are appre- numbers than Senator MCCAIN has pro- look at that live feed of that oil gush- hended crossing the border, to present posed, which is a total of 6,000 National ing every day for now well over a them to court. They are represented, Guard, or 3,000 on the Arizona border. month. It is our fiduciary duty to the and they can enter a plea or they can We believe it will take that many in taxpayers of this country. It is our waive further proceedings. For those order to accomplish the goal. The duty to the next generation of Ameri- who, in fact, are found to have crossed President’s numbers are far fewer. It is cans in this country to make sure the the border illegally, they can be sent to unclear from the lack of detail in this company and companies that created jail. Ordinarily, if it is the first time, it proposal, but it appears those will not this set of circumstances and these is a 2-week sentence. If they have done be literal boots on the ground but, enormous damages are fully liable for it repeated times, it can be 30 days or rather, these National Guard troops it. That is the opportunity we have by it may be that some will serve 60 days. will be there for the purpose of training virtue of this second-degree amend- I am not sure. and for administrative work, investiga- ment. The point is, where this has been tive work, and will, for the most part, I hope my colleagues will embrace done, for everybody who crosses the be back from the border and not actu- the opportunity and live up to those re- border—with some exceptions—for al- ally engaged in the work at the border sponsibilities. most everybody who cross illegally, it itself. With that, Mr. President, I yield the has created a very effective deterrent The importance of that is we are floor and note the absence of a quorum. to crossing. It becomes apparent to told—at least anecdotally—the one The PRESIDING OFFICER. The people who are trying to cross in that thing the people who are coming across clerk will call the roll. particular vicinity that if they do, and the border illegally fear more than The assistant bill clerk proceeded to they are apprehended, they are going anything else is National Guard troops. call the roll. to jail. Border Patrol, they don’t like them.

VerDate Mar 15 2010 01:29 May 27, 2010 Jkt 089060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G26MY6.042 S26MYPT1 smartinez on DSKB9S0YB1PROD with SENATE S4418 CONGRESSIONAL RECORD — SENATE May 26, 2010 They don’t like a county sheriff or any- I yield to the Senator from Texas. These people who have come across body else, but when it comes to the Na- Mr. CORNYN. Mr. President, I ask the Nogales border into Tucson and tional Guard, they want to avoid them. the Senator—and we now have both Phoenix have been distributed nation- So this represents a real deterrent. distinguished Senators from Arizona wide. People all over America are be- The second thing I want to say is, on the Senate floor—is he aware of a ginning to appreciate—according to the there is a letter from the National Se- new poll that came out today—CNN, I polling number the Senator from Texas curity Adviser and John Brennan, the believe—that said nearly 9 out of every pointed out—the American people are President’s intelligence adviser, con- 10 Americans in this poll support put- beginning to understand that our bro- tending that the McCain amendment is ting more Border Patrol and Federal ken borders affect all of America. This an interference in the Commander in law enforcement agents on the border violence is increasing, certainly, on Chief’s responsibilities because it pur- because of border security? that side of the border. The drug car- ports to order National Guard troops to This isn’t just something we thought tels make—the number I hear is as the border. was a good idea. It looks as though the high as $65 billion a year. When I tell I want to make it clear that is not American people recognize not only the people we intercepted, in the Tucson true. This appears to be another case of incipient violence in Mexico and the sector alone, over 1.2 million pounds of somebody in the administration spout- spillover effect here but our inability marijuana, people don’t believe it. ing off about a law they have not read. to protect ourselves from the organized When we tell them we intercepted In this case, it is the McCain amend- criminal activity of smuggling drugs, 241,000 illegal immigrants—and we fig- ment. It is all on one page. It is very weapons, and people. Is that the Sen- ure that 4 to 5 to 1 crossed our border easy. It says—by the way, remember, ator’s experience, that this is the sort this is an appropriations bill we have, a to Tucson illegally—over 1 million peo- of thing that has broad public accept- supplemental appropriations bill. We ple—what does the President do? He ance? said he is going to send 1,200 troops to are appropriating money. That is all Mr. KYL. Mr. President, yes, I do the McCain-Kyl-Hutchison-Cornyn the border. We need 6,000. We need 3,000 think it has broad acceptance. I wasn’t amendment does. for the border and 3,000 for the Arizona aware of this particular poll. I will ask It says: border. That is what we hear from the my colleague from Arizona about this Additional Amount [that refers to people who are enforcing the law. money]—For an additional amount under because he is very much aware of the This is a national security issue. It is this chapter for the deployment of not fewer public sentiment on this issue. something that all Americans are now than 6,000 National Guard personnel to per- Mr. MCCAIN. Mr. President, I ask more and more aware of and are sup- form operations and missions under section unanimous consent to be included in porting. I hope the administration and 502(f) of title 32 United States Code, in the the colloquy with the other Senator my colleagues on the other side of the States along the southern land border of the from Arizona and the Senator from aisle who also are being affected by United States for the purposes of assisting Texas. this will understand we need to secure U.S. Customs and Border Protection in se- The PRESIDING OFFICER. Without curing such border, $250 million. the borders first. Then we can work out objection, it is so ordered. Then there is the offsetting rescis- an orderly system to address the re- Mr. MCCAIN. I will respond to the sults of our failure to secure the bor- sion. It doesn’t order National Guard Senator from Texas, and I thank him. troops to the border at all. It simply der. We who are from border States have I ask my friend and colleague from provides $250 million of additional perhaps a better understanding of the Arizona, what would happen if we en- funding for the purpose of the Guard, violence—the dramatically increased acted comprehensive reform and didn’t to the extent, obviously, or up to or violence over the last several years. In fewer than 6,000 troops on the border. secure the border? the last 3 years, 22,000 Mexican citizens Mr. KYL. Mr. President, I might re- So it doesn’t order anybody, doesn’t have been murdered in this struggle be- spond by noting that my colleague interfere with the Commander in tween the drug cartels and the Mexican from Arizona likes to talk about ex- Chief’s responsibilities. Government. It is the worst kind of For that reason, I hope when we have actly what would happen. When Presi- brutality: people being beheaded, bod- an opportunity to vote on this amend- dent Reagan did exactly that, and the ies hanged from the overpasses. I think ment—and I think one of the questions promise was to secure the border with it was on the Mexican side of the Texas I want to ask my colleagues with re- amnesty for 3 million illegal immi- gard to this vote is, when we vote and border the other day. There was a wed- grants, the amnesty was granted, but support the McCain amendment for ding—if the Senator recalls—and the the border was not secure. I know there funding for the National Guard, the drug cartel people went in and took the is an argument on the other side that, Kyl amendment, which supports Oper- groom, the brother, and nephew out well, if we secure the border, then some ation Streamline, and the Cornyn and murdered them. That brutality and people will not want to do comprehen- amendment, which he will soon de- violence, we all know, is spilling over sive reform because they would not scribe—the key is to get a vote. the border. I believe three American have any incentive to do so anymore. It is now 20 minutes until 4. Cloture citizens were murdered in Juarez—who I don’t think that is right. I think has been filed on this bill. It will ripen were coming back from Juarez. there would be more of an incentive tomorrow morning and, presumably, So the violence and the connection once we do secure the border. In any we will have a vote. The question is, between human smuggling and drug event, we certainly should not hold se- Will we have a vote on these amend- cartels now is incredibly intertwined. curing the border hostage to passing ments? Are we being slow-rolled? They use the same routes, the same in- some law in the future. That is our ob- I hope a member of the majority can telligence, the same sophisticated com- ligation and the President’s obligation come to the floor so we can ask, Are we munications equipment. It is a threat irrespective of what other laws we going to get votes on our amendments? to our security. That is why we Sen- pass. They are in order. They are not going ators have asked for the Guard to be Mr. MCCAIN. I ask the Senator from to be out of order, from the Parliamen- sent to the border. Texas this: There is another important tarian. They will provide funding for What happened yesterday in what point. There is the belief that we can’t something all of us agree we need to was clearly a PR stunt, the President secure our borders, that there is just do, and the President also agreed we announced 1,200 National Guard to the going to be an unending flow of illegal need some funding, in any event. border. Now we find out they are going immigrants into this country. I ask my The bottom line is, if we don’t vote to do desk jobs. One of the things we friend from Texas, isn’t it true that in today on these and cloture ripens, this have found out is that the presence of at least parts of Texas, with the com- body will never have had an oppor- the uniformed Americans on the border bination of surveillance, fencing, and tunity to express itself on this issue. has a significant effect on the drug car- proper staffing, there has been basi- What I want to do is, when the major- tels because the only threat they feel cally a secure border? ity arrives, ask unanimous consent from Mexico is from the Mexican Army Mr. CORNYN. The Senator is abso- that we set these amendments for a because of the terrible corruption that lutely right. Where there is a combina- vote so we can vote. exists. tion or layered approach to dealing

VerDate Mar 15 2010 01:29 May 27, 2010 Jkt 089060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G26MY6.044 S26MYPT1 smartinez on DSKB9S0YB1PROD with SENATE May 26, 2010 CONGRESSIONAL RECORD — SENATE S4419 with illegal immigration, there have the drug cartels who are amongst the mit rapes and leave articles of clothing been great successes, including an ef- most cruel and inhuman people in the hanging from trees as a warning to fort to use prosecution of people for world. anyone who dares to report it or as a crossing and incarcerating them for a When people criticize the law in Ari- way of bragging about what they have short period of time, which acts as a zona as being discriminatory, where is done. The things they do to these peo- further deterrent. their concern for the individuals who ple cooped up in the safe houses for The Senator raises another impor- are being escorted by these coyotes weeks on end, as my colleague said, are tant point. While I certainly support who inflict on them the worst abuses, unspeakable. his effort to try to get sufficient Na- terrible abuses? They bring them to There are so many reasons to secure tional Guard on the border, 1,200 won’t Phoenix. Phoenix is the No. 2 kid- the border. But this is one that is never cut it, not with a 2,000-mile border. We naping capital in the world. No. 1, Mex- spoken of. It bothers me as much as it need more boots on the ground. We ico City. No. 2, Phoenix, AZ. Can my does my colleague because we have need to also make sure we support our colleagues understand why the people people who speak of the human rights local and State law enforcement people of Phoenix are upset? issues that might relate to an Arizona who are standing in the gap in the They bring them to these drop law enforced by sworn police officers in short term. That is why I appreciate houses, they jam them into these the city of Phoenix and the city of Tuc- the Senators’ support on the other homes, and they hold them for ransom. son who, I am quite sure, will do their amendment we hope to vote on. We Then once they get the money, some- job as professional police officers, and need the Southwest border task force times they let them go, sometimes not a word is spoken about the kind of to deal with these high-intensity drug they ask for more money. In the mean- situation my colleague and I have de- trafficking programs. We also need to time, they are suffering under the most scribed. That bothers us significantly. make sure we use the latest tech- inhumane conditions. It is just one more reason we do need nology. When the advocates for ‘‘legal immi- to secure the border, as my colleague The distinguished Senator is the gration’’ are up, I say: Where is your said. ranking member on the Armed Serv- compassion for the people who are AMENDMENT NO. 4228, AS MODIFIED ices Committee. He is well aware of the being so terribly abused that the Mr. President, I wanted to wait until use of the military unmanned aerial coyotes are bringing in the most inhu- a member of the majority was here. I vehicles and, I believe—and I think he mane fashion across our border and ask unanimous consent to modify the would agree with me—they could be kept in the most inhumane fashions? second-degree amendment that was of- used as a good effect, as a multiplier Isn’t that an argument to secure the fered yesterday, No. 4228. effect for the Border Patrol and Na- border? Isn’t that an argument to stop The PRESIDING OFFICER. Without tional Guard there, something that this human trafficking? They are un- objection, it is so ordered. The amend- could be used for training purposes for speakable things. I will not on the floor ment is so modified. the National Guard, who have had ex- of the Senate talk about some of the The amendment, as modified, is as perience using those in Iraq and Af- stories I have heard. follows: ghanistan. We have a situation in the southern (Purpose: To appropriate $200,000,000 to in- Finally, we need not only Border Pa- part of our State where the residents crease resources for the Department of trol and National Guard, we need Alco- are living in a state of, if not fear, cer- Justice and the Judiciary to address illegal crossings of the Southwest border, with an hol, Tobacco, and Firearms. These are tainly deep concern and insecurity. offset) the people who actually catch the guns Then we have this terrible human traf- At the end of the amendment, add the fol- that are bought in bulk through straw ficking tied to the drug traffickers who lowing: purchasers and brought across the bor- are committing the most terrible (k) OPERATION STREAMLINE.—For an addi- der that are used by the cartels. All of human rights abuses. tional amount to fully fund multi-agency these Federal agencies—from ICE, Mr. KYL. Mr. President, I will re- law enforcement initiatives that address ille- CBP, DEA, ATF—all of them represent spond to my colleague by noting, these gal crossings of the Southwest border, in- additional boots on the ground that are the crime statistics that are never cluding those in the Tucson Sector, as au- reported. Let’s face it, the people who thorized under title II of division B and title could be used to help secure our border. III of division C of Public Law 111–117, I appreciate the support both Arizona are accused of these crimes cannot go $200,000,000, of which— Senators have given, as well as Senator to the police and report what has hap- (1) $155,000,000 shall be available for the De- HUTCHISON, who is a cosponsor. But we pened. partment of Justice for— need a permanent solution, not a tem- Again, there is an argument made (A) hiring additional Deputy United States porary Band-Aid which I believe the that crime statistics have actually Marshals; President’s proposal represents. gone down in the last 2 or 3 years. In (B) constructing additional permanent and Mr. MCCAIN. Mr. President, bringing the cities—the cities of Tucson and temporary detention space; and the issue back to my home State of Ar- Phoenix, for example—that may well (C) other established and related needs of the Secretary of Homeland Security and the izona, I ask my friend, Senator KYL, be true. I don’t know. What I do know Attorney General; and who has, along with me, traveled ex- is this: In the rural ranch areas that (2) $45,000,000 shall be available for the Ju- tensively to the southern part of our my colleague, Senator MCCAIN, speaks diciary for— State, many of the residents of the of, families who used to have no wor- (A) courthouse renovation; southern part of our State, particu- ries at all, left homes unlocked at (B) administrative support, including hir- larly those who are ranchers who live night, windows open, and if an occa- ing additional clerks for each District to near the border, basically do not have sional illegal immigrant or two came process additional criminal cases; and a secure existence. They have people (C) hiring additional judges. by and needed a sandwich or water, (3) The amounts in this subsection are des- crossing their property illegally. They frankly, they got it, now fear for their ignated as an emergency requirement and have home invasions. They have wild- lives. are designated to meet emergency needs pur- life refuges on the border being trashed One of our constituents was killed a suant to sections 403(a) and 423(b) of S. Con. because of the overwhelming human couple months ago, a rancher who was Res. 13 (111th Congress), the concurrent reso- traffic and the garbage and the items beloved in the area. Others have been lution on the budget for FY 2010. that are left behind. I have talked with robbed. There have been physical as- (l) OFFSETTING RESCISSION.—On the date of ranchers’ wives who said they could saults. They are no longer safe in their the enactment of this Act, the unobligated balance of each amount appropriated or not leave their children at the bus homes and in those more rural areas. made available under division A of the stop. In the urban areas, I, too, will not de- American Recovery and Reinvestment Act of I want to be very clear. Many of scribe on the Senate floor what goes 2009 (Public Law 111–5), other than under these illegal immigrants are just peo- on. If you can imagine large numbers title X of such division, is hereby rescinded ple who want to come and get a job. of women and children who are brought pro rata such that the aggregate amount of But the change over the last few years across the border by people who have such rescissions equals $200,000,000. is that they are escorted by these absolutely no scruples about commit- The PRESIDING OFFICER. The Sen- coyotes who are also associated with ting any crimes whatsoever. They com- ator from Texas.

VerDate Mar 15 2010 01:34 May 27, 2010 Jkt 089060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G26MY6.045 S26MYPT1 smartinez on DSKB9S0YB1PROD with SENATE S4420 CONGRESSIONAL RECORD — SENATE May 26, 2010 Mr. CORNYN. Mr. President, if I may come to this country, but also to give I ask my colleagues and the American react briefly to the comments of the our citizens a chance to live lives of se- people to understand what we are fac- two Senators from Arizona, whether curity that makes them able to enjoy ing in Arizona. I ask the American peo- their concern translates into some- the rights and privileges that Amer- ple and my colleagues to understand thing like this: that the people who ican citizens everywhere should enjoy, the frustration that the Governor and suffer the most from the current ille- even if they live on our southern bor- the legislature of Arizona felt about gality and broken immigration system der. the conditions we have tried to de- are, for example, a young woman who Mr. KYL. Mr. President, let me ask scribe on the floor of the Senate that is a victim of domestic violence who my colleague a question. The number exist, that cry out for Federal inter- has nowhere to report that crime be- of National Guard troops that would be vention, that they did not receive that cause she is afraid of being deported, or funded under his amendment is 6,000 assistance from the Federal Govern- the worker who earns money believing total. The idea would be that it would ment so, therefore, they acted. they have earned their pay but only to fund 3,000 on the Arizona portion of the That law, by the way, upon examina- be jilted and not paid because the em- border and 3,000 wherever they would tion certainly does not call for racial ployer realizes they have nowhere else be deployed in other places on the bor- profiling. In fact, it expressly prohibits to turn or, as Senator MCCAIN men- der. Senator MCCAIN has argued that is it. I would urge my colleagues to read tioned, the coyotes, as they are known, a number closer to what is needed to do the law. I have a copy and would be the human smugglers who care nothing the job the National Guard can do than glad to provide them a copy of it. for these individuals as human beings a number that would be less than one- But I hope my colleagues and the but they are a commodity they trade fourth that much. American people understand the reason in, just like drugs, weapons, and peo- Would the Senator describe a little why the legislature acted, the reason ple. bit more the historic levels that ex- why we are here on the floor today ask- This is a very real problem. It is true isted, for example, during the time our ing for additional assistance is because that most of it is not reported in the now national Homeland Security Sec- of the plight of human beings, both the newspaper because people are afraid of retary was the Governor of Arizona, residents of my State who are there le- being exposed because of what the con- when she was very supportive of the gally, whose security is being threat- sequences might be. But because we Guard as well, compared to what Sen- ened, in some cases on a daily basis— live in border States, because we inter- ator MCCAIN has asked to be funded in those who live in the southern part of act with our constituents and see the his amendment? our State—and also for those individ- consequences of the spillover effect of Mr. MCCAIN. Mr. President, I say to uals who are being transported across this kind of violence and lawlessness, my friend from Arizona, the situation our border by these cruel coyotes and that is why we feel so strongly that of Secretary Napolitano, former Gov- who are being terribly mistreated. these amendments need a vote, as the ernor, whom I respect and admire enor- There are human rights violations of Senator said earlier. mously, is a classic example of it is not the most terrible kind. Mr. MCCAIN. Mr. President, I will where you stand, it is where you sit be- I hope we can all come together, rec- point out another aspect of this issue. cause when Secretary Napalitano was ognizing this is a serious problem. It is We are proud in my home State of our Governor of Arizona, she made fervent not just a problem for Arizona, it is a Spanish heritage. Spanish was spoken pleas for reimbursement for the State problem for the Nation. We have a re- before English was in the State of Ari- of Arizona for our law enforcement quirement to secure our borders. That zona. We believe our culture and our problems dealing with immigration is the obligation of every Nation. We life and our State have been enriched and for 3,000 additional Guard troops to happen to be, unfortunately, the State by the influx of Hispanic citizens. We be sent to the border. that suffers the most because of these Senator KYL and I wrote a letter want that to continue, but we want it insecure borders, but this spreads back on April 9 asking for a decision to continue legally. In a broader sense, throughout the country. The drugs concerning troops to the border. We we want everyone in the world to have don’t stop in Arizona; they go all over still have not received an answer. Per- an opportunity to come to our country the country. The individuals who are haps what the President announced legally. If we did secure our border, smuggled in, all of them don’t stop in yesterday a half hour after discussing then everybody has an equal oppor- Arizona; they go all over the country. tunity, rather than it be by geography. the issue with Senator KYL and me and Let me point out something, of which yet not mentioning that decision We need to help the Government of I am not sure my colleagues are totally might be made to send 1,200 troops to Mexico in their struggle against these aware. The sophistication of these the border—you have to laugh. It is in drug cartels, but we also have to take human smuggling rings and drug car- the spirit of bipartisanship. I hope in the measure—which can probably help tels is beyond description. They have the case of our Secretary of Homeland the Mexican Government as much as the latest equipment. They have the Security that we could see some res- anything else—of getting our border se- latest communications. They have the toration of the same zeal she held as cured. I want to assure my colleagues latest weapons. They have a network of Governor of the State of Arizona to se- that those of us from border States, informers and a network, unfortu- cure our borders and advocate for the once we get our border secured, stand nately, of corruption that is of the necessary assets to achieve that goal. ready to address these other issues highest sophistication. Their oper- Mr. KYL. Mr. President, if I recall— that need to be addressed. But if we ations are extremely sophisticated op- and I could be wrong on this—the num- don’t get our border secured, a year, 2 erations which are quite successful. ber that had been deployed to Arizona years, 10 years from now we are going But there are areas and measures that roughly in 2005 or 2006—I do not recall to be faced with the same problem over have been taken in certain parts of our the exact year—was about 2,600. It was and over with a population of people border that show we can secure our not quite 3,000. Obviously, we needed who have come to our country ille- border. What we need is the manpower, everyone we could get. gally. the technology, the assets, and the Eventually, a lot of those troops were I ask not only for the votes of my funding to get our borders secured. then deployed to Iraq, I believe. In any colleagues on these amendments, but I The State of Arizona, unfortunately, event, we all—the Governor and the ask for their compassion and under- has become a funnel for this illegal rest of us—were distressed when they standing about a human rights situa- human trafficking and drug cartels to were finally pulled out. I think 2,600 or tion that cries out for us to address as the point where it has threatened the something pretty close to that was the Christians and as individuals who are security of its average citizens. number and that Senator MCCAIN be- motivated by Judeo-Christian prin- I hope my colleagues will understand lieves 3,000 would be the appropriate ciples. this is a humanitarian issue. This is an number under the circumstances that Mr. President, I thank my col- issue that cries out for the compassion exist today. leagues, and I yield the floor. of all of us so that we can give every- Mr. MCCAIN. I think 3,000. I know we The PRESIDING OFFICER. The Sen- one in the world an opportunity to are taking a lot of my colleagues’ time. ator from Nevada.

VerDate Mar 15 2010 01:34 May 27, 2010 Jkt 089060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G26MY6.047 S26MYPT1 smartinez on DSKB9S0YB1PROD with SENATE May 26, 2010 CONGRESSIONAL RECORD — SENATE S4421 AMENDMENT NO. 4230, AS MODIFIED well-crafted and pragmatic piece of leg- cally greatly expand existing flood Mr. ENSIGN. Mr. President, I ask islation, but it has sometimes been dif- plains into areas that—because of lev- unanimous consent to modify my ficult in putting this together and ees and other flood control manage- amendment. The clerk has the modi- moving it to the floor. So I want to ment efforts, costing billions of dol- fication. thank the leaders on the Appropria- lars, by the way—are not currently at The PRESIDING OFFICER. Without tions Committee and the various sub- risk for any flooding—or hardly any objection, it is so ordered. The amend- committees who worked to get this risk at all. But the FEMA flood maps, ment is so modified. done. I guess on a technicality—as the maps The amendment, as modified, is as This bill will greatly benefit our Na- are completed—would say they would follows: tion’s men and women in uniform. This be in a flood plain. (Purpose: To establish limitations on the bill also ensures that disaster victims The bottom line effect of this is it transfer of C–130H aircraft from the Na- have the services and assistance needed creates a huge revenue source for tional Guard to a unit of the Air Force in to help them recover from both natural FEMA. What happens, once they great- another State) and manmade disasters. I greatly ap- ly expand the map of the flood plain, is At the end of chapter 3 of title I, add the preciate the work of the chairman and that suddenly many of the people and following: businesses in that area have to pur- SEC. 309. (a) LIMITATIONS ON TRANSFER OF the ranking member along with all of C–130H AIRCRAFT FROM NATIONAL GUARD TO my colleagues on the Appropriations chase flood insurance. In our State, we AIR FORCE UNITS IN ANOTHER STATE.—No Committee. have looked at the numbers, and that funds appropriated or otherwise made avail- Secondly, I wish to discuss amend- flood insurance could be as little as able by this Act or any other act may be ob- ment No. 4282 regarding FEMA’s flood $100 a year, or it could be well over ligated or expended to transfer a C–130H air- map modernization program. I wish to $2,500 a year. This has a significant im- craft from a unit of the National Guard in a thank Senator COCHRAN and his staff pact on people’s mortgage payments State to a unit of the Air Force, whether a for their hard work and diligence in and their various loans for their busi- regular unit or a unit of a reserve compo- nent, in another State unless each of the fol- preparing this amendment with me, as nesses. lowing is met: well as Senators LINCOLN, VITTER, and But here is what we have to keep in (1) The aircraft shall be returned to the BROWNBACK, who are all cosponsors. I mind. From our perspective—and transferring unit at a date, not later than 18 greatly appreciate their contributions again, we are not the only State that months after the date of transfer, specified as well. does this; many States have river sys- by the Secretary of the Air Force at the time The purpose of this amendment is to tems that flood—these people are al- of transfer. address concerns regarding economic ready paying for flood insurance. What (2) Not later than 180 days before the date development and the ability of commu- they are doing is they are paying for of transfer, the Secretary of the Air Force nities to provide input in the develop- their local levees to protect their com- shall submits to the Committees on Armed Services of the Senate and the House of Rep- ment of new flood insurance rate maps. munities. As long as those levees are in resentatives, the members of Congress of the The amendment will do three simple compliance, and as long as there is not State concerned, and the Chief Executive Of- things. any real-life risk of a flood in a par- ficer and adjutant general of the National First, it would allow an extension of ticular area, I think it is unjust that Guard of the State concerned the following: the flood elevation and Special Flood these people would be charged for flood (A) A written justification of the transfer. Hazard Area determination appeal pe- insurance. (B) A description of the alternatives to riod, upon request from an affected Some of the common problems with transfer considered by the Air Force and, for community. FEMA’s approach are the lack of com- each alternative considered, a justification Second, it would prevent FEMA from munication and outreach to local for the decision not to utilize such alter- native. using technicalities to circumvent re- stakeholders; a lack of coordination (3) If a C–130H aircraft has previously been quirements to study the economic im- between FEMA and the corps—that is transferred from any National Guard unit in pact of map modifications. the Corps of Engineers—in answering the same State as the unit proposed to pro- Third, it would establish an arbitra- questions about flood mapping, flood vide the C–130H aircraft for transfer, the tion panel for communities to appeal insurance, and flood control infrastruc- transfer may not occur until the earlier of— FEMA’s proposed map modifications ture repairs; a lack of recognition of lo- (A) the date following such previous trans- before a neutral third party. This sort cally funded flood control projects; a fer on which each other State with National of appeal from an independent third lack of recognition of historical flood Guard units with C–130H aircraft has trans- ferred a C–130H aircraft to a unit of the Air party is already allowed by statute, data; inadequate time and resources to Force in another State; or but it is rarely used. The amendment complete the repairs to flood control (B) the date that is 18 months after the would set up an arbitration panel and structures before the maps are final- date of such previous transfer. highlight the ability of communities to ized—in other words, they may find a (b) RETURN OF AIRCRAFT.—Any C–130H air- use this as a manner of appeal. problem, and on day one, when they craft transferred from the National Guard to As most of my colleagues know, I say you have a problem, even though a unit of the Air Force under subsection (a) have been talking about FEMA’s flood the problem can be fixed very quickly, shall be returned to the National Guard of maps for the last several years. At the State concerned upon a written request or within a year, let’s say, they still by the Chief Executive Officer of such State first, I was working with a few other are going to try to tag people with for the return of such aircraft to assist the Senators to address the implementa- flood insurance in those affected areas. National Guard of such State in responding tion of the program. Senator LINCOLN The other thing they have not consid- to a disaster or other emergency. also has been a very determined advo- ered is the potential impacts these new The PRESIDING OFFICER (Mr. cate in this area. But now there are flood maps might have on economic de- FRANKEN). The Senator from Arkansas. Senators representing 13 different velopment, particularly in small and Mr. PRYOR. Mr. President, I have an States who have expressed an interest rural communities. amendment, No. 4282, that I will speak in addressing some common problems Let me give an example of what we on. I will not call it up at this moment. with the map modernization program. are talking about here on the ground in However, my intent is to call it up at Let me emphasize that I support Arkansas. And again, if Senators think the soonest appropriate time. modernizing our maps. I think that is they do not have this problem, they I rise today to speak on this amend- good to do. I think it is something we may not today, but it is coming. Be- ment and to also ask unanimous con- should do. I think it is a good use of cause as they redraw all these flood sent that Senator COCHRAN be added as time and effort and resources to do maps, this is going to be coming. I a cosponsor. that. However, what I am concerned don’t know about all 50 States, but in The PRESIDING OFFICER. Without about is that FEMA seems to be deter- well over half the States it will, as objection, it is so ordered. mined to use this as a revenue raiser they go through this flood map redraw- Mr. PRYOR. First, I wish to com- for FEMA and the flood insurance pro- ing. So let me give an example. mend the chairman and the ranking gram. In our State, of course the boot heel member for their work on the supple- The way they have it set up is they of Missouri is the very northeastern mental spending bill. This has been a will make determinations and basi- corner of our State. There is a levee

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We are seeing effects of the il- boil there, which means the water is one point we were talking about a legal activity spill over on our side of starting to seep under the levee. It is grant program, but we don’t have that the border for sure. totally repairable. They need a little in here. We have an increase in the activity time to fix it, but it is totally repair- We set up an arbitration panel, and in our judicial system, in our law en- able. The concern we have—and when the membership of the arbitration forcement, our local law enforcement. we talk to FEMA and the Corps of En- panel would have expertise in hydrol- American taxpayers are paying for gineers, we are not getting any comfort ogy, administrative law, and/or eco- local law enforcement for us to be able that our fears are not completely and nomic development. We would let the to try to stop this activity from com- 100 percent justified—is once they find Corps of Engineers provide the tech- ing across. But there is evidence that it that sand boil up in the very northern nical guidance, which I think would be is coming across as we see drug cartels part of the St. Francis River Basin, very valuable. Also, we allow commu- setting up operations in cities on our they are going to say the whole basin nities an appeal period, where they can side of the border. is out of compliance. appeal within 120 days, and it also I have invited the President to tour In other words, in the real world, clarifies under some circumstances the border with me. That offer still they could have a leak there. I hope that communities could be at least par- stands. I welcome the opportunity to they never do, and I hope they can re- tially reimbursed for the cost of the ap- show the President exactly what the pair it, but they could have a leak peal. That is already in existing law. security challenges are and to see what there. They could have a 100-year flood, That provision is already in there, but the Border Patrol and DEA agents are and it could actually cause a problem we are making it clear that the rule going through on a daily basis, not to to that levee. But think about it. The would apply to this process. mention our border sheriffs and police- flooding would be local to that levee. It Mr. President, I thank you for your men. wouldn’t be 50 miles away in a totally patience in listening to me. I know we After deemphasizing border security different part of the river basin area. have other Senators who, if they are and even proposing to cut the border So FEMA, in my view, is doing not on the floor at the moment, are patrol on the southwest border in the things here that are very heavyhanded, waiting to speak, so I wish to mention President’s own budget, I was pleased very bureaucratic. I do believe they are that my amendment, No. 4282—I am to finally hear a better set of words searching for revenue based on the not calling it up at the moment, but I and proposals from the President—that huge amount of money that FEMA had wish to at the earliest possible mo- he will agree to increase border fund- to spend on Katrina and some other ment. ing. But it is a little late coming since disasters. FEMA’s books are way out of With that, I yield the floor, and I balance as a result of that, and I see so many of us have been asking for suggest the absence of a quorum. months, and even over a year, for this this as a revenue raiser for them. The PRESIDING OFFICER. The extra border security. Border Senators The problem is, as I said, they are clerk will call the roll. going to go into areas that have very The bill clerk proceeded to call the and Congressmen have repeatedly strong levees that will never flood. roll. called on the President to focus on this Some of these levees are built to well Mrs. HUTCHISON. Mr. President, I issue. Then we find that his original over the 100-year standard. In many ask unanimous consent that the order budget actually decreased the number places in Arkansas they built them for the quorum call be rescinded. of border patrol. well over that, because in 1927—and The PRESIDING OFFICER. Without What we know is that the President there have been a few years since—we objection, it is so ordered. is now calling for an additional 1,200 had very serious flooding problems in AMENDMENT NOS. 4214 AND 4202 National Guard to be deployed to the our State. So in the eastern part of our Mrs. HUTCHISON. Mr. President, I border. Texas alone has requested 1,000 State, people believe in levees because rise to speak today in favor of the National Guard. Spreading 1,200 Na- they have needed them before. The lev- McCain amendment and the Cornyn tional Guard over four States is really ees have saved them before. The levees amendment. I am cosponsor of both of an insufficient response to a national have breached before, so they have these amendments. I understand we security priority. been on both sides of that equation. will be voting very shortly on these The McCain amendment specifies They believe in levees and they under- amendments as we move forward on title 32 authority for the National stand the value of them. the supplemental appropriations. Guard. It is fully offset, and it deploys But that is not just true in Arkansas. I am cosponsoring these amend- 6,000 National Guard to the southwest You can go to Mississippi, Louisiana, ments. The border State Senators have border. This is much more aggressive Tennessee, Missouri, and Illinois, not worked together, particularly in light than the President’s proposal of 1,200. just up and down the Mississippi, but of the escalating violence that is hap- Although I am pleased the President is up and down lots of other river systems pening on the other side of the border making a start, 1,200 is barely going to in this country and this problem is with Mexico. It has particularly hit cover Texas, much less Arizona and coming to your State. If you haven’t Texas and Arizona. So Senator MCCAIN California. It would certainly be an ad- seen it yet, you will. This problem is and Senator KYL and Senator CORNYN dition, if we can agree to the McCain coming to your State. and I have repeatedly asked for rein- amendment, to really show we are seri- What we are trying to do with this forcements to support controlling our ous about beefing up the border secu- amendment is to at least—and, person- border. rity for our country. ally, I think we ought to have various I offered versions of both of these Under the McCain amendment, the remedies available in this FEMA re- amendments in the committee that National Guard would help the CBP, mapping project—at a minimum set up produced this bill. I certainly hope we the Border Patrol, get operational con- the ability to have an arbitration will be able to agree to these amend- trol of the southwest border. It will panel, so if the Corps of Engineers and ments—which are fully paid for, I augment our security forces until a FEMA make a finding, the community might add. They will not add to the continued scale-up and training of Bor- at least has a chance to appeal and, deficit. But it is so important that we der Patrol agents can take place. hopefully, effect a remedy before they have as a priority in this country the Basically, what the McCain amend- get hit with the flood insurance re- control of the borders of our sovereign ment does is say this is a temporary quirement. Nation. fix. We are not asking that Border Pa- There is a lot more to this story, but We cannot allow the illegal activity trol be a permanent fixture on our bor- I am not going to bore my colleagues and the unspeakable violence to con- der. We don’t want that. I was even

VerDate Mar 15 2010 01:34 May 27, 2010 Jkt 089060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G26MY6.049 S26MYPT1 smartinez on DSKB9S0YB1PROD with SENATE May 26, 2010 CONGRESSIONAL RECORD — SENATE S4423 hesitant to ask for Border Patrol. But The amendment provides funding and I yield the floor. the situation has gotten so serious that direction to quickly implement the The PRESIDING OFFICER. The Sen- we now have to take stepped-up meas- drone procurement and maintenance. ator from Alabama. ures as a stop-gap while we train the It provides funding for 60 pilots and Mr. SHELBY. Mr. President, at the Border Patrol to do their job. crew. All of the costs are fully offset. appropriate time I will ask for amend- The Department of Homeland Secu- Border Patrol currently operates six ments Nos. 4242 and 4287 to be called up rity has 17,000 personnel assigned to unmanned drones in the United States, for consideration. the southwest border. Well under half but only three in the Southwest bor- I ask unanimous consent that Sen- the agents—about 7,700—are currently der. The six additional UAVs will pro- ator LANDRIEU be added as a cosponsor assigned to Texas even though 63 per- vide full Southwest border surveillance on amendment No. 4242, and Senator cent of the border runs through our 7 days a week without diminishing LEMIEUX be added as a cosponsor on State. Arizona has only 4,000 agents. drone surveillance along the Northern amendment No. 4287. We all need more support. border and off our Nation’s coast. The PRESIDING OFFICER. Without Adequate National Guard support is More UAVs will help the Border Pa- objection, it is so ordered. critical to help patrol spillover vio- trol gain consistent control of our bor- Mr. SHELBY. Mr. President, it is lence and address all of our security ders. Using the drone systems is a force now day 37 of the oil spill. We are no challenges until we have more of the multiplier, and it allows border en- closer to finding a solution to this cri- Border Patrol agents ready to go. forcement officials to more efficiently sis then we were on day one. Another amendment offered by Sen- and consistently monitor the border Oil continues to pour into the gulf at ator CORNYN, which I also cosponsor, and respond to illicit activity. an unprecedented rate, significantly will drastically increase support for I am a cosponsor of the two amend- more than the estimate of 5,000 barrels law enforcement at every level, Fed- ments. This is very important to the a day. eral, State, and local. I wish to speak whole Southwest border. But I do feel Oil has reached deep into the Lou- particularly to the portion of Senator that my home State of Texas has been isiana marshes. Tar balls have washed CORNYN’s amendment that funds the particularly challenged because we up on the shores of Alabama and Mis- unmanned aerial vehicle, the UAVs as have had no UAVs. We have had only sissippi. we call them, which I introduced in 7,700 Border Patrol personnel across As long as this oil continues to flow committee and on the floor as stand- the 1,200 miles, and you cannot be seri- into the gulf we have a real and un- alone amendments. ous about border security. This has es- precedented disaster. I have worked with the FAA and Cus- calated because of the violence in Mex- On May 18, I requested that the Sec- toms and Border Patrol so we can ico. The heinous crimes that are being retary of Commerce declare a fisheries quickly increase the presence of un- committed in Mexico, many against disaster in the Gulf of Mexico. Ala- manned drones, or UAVs, to help pro- law enforcement officers, are some- bama’s fishing industry represents one tect the Southwest border. These un- thing we read about in the papers. We of the largest economic engines in the manned drones are able to monitor the have even had our own U.S. State De- State, accounting for more than $800 progress across the border, and also partment people killed in Mexico. We matron in annual sales and nearly monitor crossings that might be illegal have evidence that the cartels are set- 18,000 jobs. across the border, places where you ting up shop in cities in my home State On Monday, the Secretary declared a cannot put a Border Patrol agent. of Texas, and I imagine they are set- fisheries disaster in Alabama, Mis- There are many miles that have to be ting up in Arizona as well, maybe Cali- sissippi, and Louisiana. covered. You cannot have a Border Pa- fornia. I do not know about that. But I Now, it is up to Congress to ensure trol agent every 12 or 15 feet on the do I know in Texas they are. I know that our fishermen who will be ad- border. that when you are facing people who versely impacted by this oil spill for But these unmanned aerial vehicles have automatic weapons, they have years to come receive adequate assist- do provide so much of our intelligence very sophisticated intelligence gath- ance. gathering and information gathering ering—these are the cartels, not the Today, I offer an amendment to help that it would supplement the Border government. They are killing police of- our gulf coast communities mitigate Patrol, and what I hope are additional ficers. They are putting signs on the the disastrous effects of the oil spill. National Guard. burial places of these police officers This amendment is not more spending Last week, I, along with members of saying: These are next. Then they will but offset from the oil spill liability the Texas delegation, met with FAA come back and they will cross off on trust fund. It further requires ‘‘respon- Administrator Babbitt. We urged him the sign the people they have just sible parties’’ to reimburse the trust to allow the UAVs to operate along the killed, leaving the ones who are still fund for funding the Federal Govern- Texas border. He committed to work- alive to know they are being watched ment puts towards this amendment. ing closely with the Border Patrol to every moment and they are targets. First, this amendment provides $20 approve the use of UAVs in my State, We cannot sit here and let this hap- million to fund the Secretary of Com- as well as to streamline the approval pen without aggressive action. That is merce’s disaster declaration. NOAA has process across the Nation. why we have to act, and why his origi- closed 22.4 percent of the commercial We have no UAVs in Texas, none. The nal budget that was submitted to Con- and recreational fisheries in the gulf FAA and the Border Patrol have gone gress is laughable in this context. because of the spill. back and forth about who is respon- Now he is saying he will do 1,200 Na- This declaration will allow the Fed- sible for this. But the bottom line is we tional Guard. Texas is asking for 1,000, eral Government to put additional, im- have 1,200 miles of border with Mexico Arizona is asking for 600—Arizona is mediate Federal resources towards this and no UAVs to help bridge the gap be- asking for—I don’t know. They only disaster to alleviate and recover from tween Border Patrol stations and cam- have 4,000 Border Patrol agents and the devastating impacts to the gulf’s eras. they are asking for 3,000 National fisheries. The UAV amendment will allow the Guard. I did find my place. They are However, this declaration has no Border Patrol to obtain and operate at asking for 3,000. Texas is asking for teeth if it is not funded. While I hoped least six new drone systems and hire 1,000. the administration would realize this pilots, with the goal of covering the We need to pass this amendment. It by requesting an amendment to the United States-Mexico border in Texas, is fully offset. We would like for the supplemental, they have not. My New Mexico, Arizona, and California whole stimulus bill that is going amendment will provide the resources every day of the week, including through, the supplemental appropria- necessary to help our gulf coast region. nights. We now have a system that tions, to be offset. We should have not Second, it provides NOAA with the only operates in the daytime—not in more debt. We have enough money in resources necessary to begin an ex- Texas, but in other areas. That is not our system if we prioritize border secu- panded stock assessment in the gulf. good enough, because so much of the rity. It is a national security issue and A comprehensive stock assessment is activity takes place at night. it should be in this bill. critical to the gulf, where there are

VerDate Mar 15 2010 02:45 May 27, 2010 Jkt 089060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G26MY6.064 S26MYPT1 smartinez on DSKB9S0YB1PROD with SENATE S4424 CONGRESSIONAL RECORD — SENATE May 26, 2010 hundreds of species managed under this bill. Yesterday, Dr. COBURN very sive duplication, overhead, and spend- fisheries management plans or inter- eloquently laid out his reasons for of- ing within the Federal Government, $20 national conventions. NOAA recently fering those two amendments. Essen- billion; eliminating nonessential gov- identified the needed steps to improve tially our fiscal situation is extremely ernment travel, $10 billion over 10 and expand stock assessments in the perilous and we can no longer afford to years; eliminating bonuses for poor gulf and to do so, they will need the approve any new Federal funding with- performance by government contrac- best and most timely data on the out eliminating wasteful and unneces- tors, $8 billion over 10 years; repealing health and abundance of the stocks. sary spending in other areas. the Energy Star Program, $627 million This amendment will provide $15 mil- Mr. President, a kind of bizarre thing over 10 years; eliminating an increase lion to NOAA to begin an expanded happened yesterday. In the middle of in foreign aid for international organi- stock assessment. We must know what his speech and his argument before the zations, $68 million; limiting voluntary the fisheries stocks in the gulf are now, Senate, Dr. COBURN yielded the floor to payments to the United Nations, $10 so we will have a better idea how the the majority leader who proceeded to billion over 10 years; striking unneces- oil has affected them. file cloture on this bill after only 1 day sary appropriations for salaries and ex- Finally, this amendment will provide of floor consideration and not a single penses of a government commission funding to the National Academy of vote on any amendment. So on a $60 Congress ignored, the Financial Crisis Sciences to study the long-term eco- billion bill, most of it not paid for, we Inquiry Commission, 1.8 million; re- system impacts of the spill on the gulf. are now going to, without a single scinding a State Department training It is critical to proactively work to amendment having been voted on, be facility that was not requested by the adequately deal with this man-made voting on a bill, in fact, that will not community where it is to be con- crisis. If the oil continues to spill in be paid for. As my colleagues know structed, $500 million. the gulf unabated, it will not only de- quite well, the editorial page of the On the second amendment we can stroy the fisheries this year, but will Washington Post is by no means a con- save taxpayers $60 billion by cutting adversely impact the gulf’s ecosystem servative, right-leaning, penny-pinch- budgets of Members of Congress, by for decades. ing bunch, but even they are perplexed disposing of unneeded, unused govern- We cannot simply sit by and wait for about what we are doing here. Yester- ment property, auctioning and selling this problem to solve itself. Clearly, we day, in an editorial entitled ‘‘Congress unused and unneeded equipment, re- all know that BP has not yet come up as Usual: There’s an election coming. scinding unspent and uncommitted with a solution. Time to spend,’’ the Post wrote: Federal funds, $45 billion. We must continue to ensure that BP, All across the Western world, fiscal stim- We have ways we can cut spending. as the responsible party, pays for all ulus is starting to give way to fiscal consoli- We have ways we can reduce the gov- damage related to this oil spill, but dation. In London, the new British govern- ernment, in the first amendment, by that does not mean BP can make all ment has announced $8.6 billion in imme- nearly $60 billion, and in the other one the decisions as to what to do and how diate budget cuts. In Paris, French President by $60 billion. to handle the disaster that continues Nicolas Sarkozy is negotiating to raise that In a letter to Speaker PELOSI in April to unfold. country’s retirement age. In Madrid, Spanish of last year, President Obama wrote: We have been dealing with this crisis civil servants are facing a 5 percent pay cut, followed by a wage freeze. Even Italy is talk- As I noted when I first introduced my for 37 days and are no closer to stop- ing about tightening spending. And don’t get budget in February, this is the last planned ping the oilspill than we were on day 1. us started on Greece. war supplemental. Since September 2001, the Since the spill, BP has failed in every Only in Washington, it seems, is the long Congress has passed 17 separate emergency attempt to stop the oil flow. awaited ‘‘pivot’’ to fiscal restraint nowhere funding bills totaling $822.1 billion for the We need to begin putting resources in to be seen. As the mid-term elections draw wars in Iraq and Afghanistan. After 7 years the gulf to help mitigate the long-term near, Congress is considering a passel of new of war, the American people deserve an hon- spending, necessary and otherwise, most of est accounting of the cost of our involve- effects of what could be the largest and ment in our ongoing military operations. most devastating oilspill in American which won’t be paid for. Quoting from the President’s letter history. Sadly, the Washington Post hit the of April of last year: I ask my colleagues to support the nail on the head and the bill before us people of the gulf coast by supporting is the perfect example of Congress’s in- We must break that recent tradition and ability to deal with the very serious include future military costs in the regular my amendment. budget so that we have an honest, more ac- The PRESIDING OFFICER. The Sen- fiscal realities that are facing this Na- curate, and fiscally responsible estimate of ator from Arizona. tion. Federal spending. And we should not label AMENDMENTS NOS. 4231 AND 4232 Under this supplemental, DOD re- military costs as emergency funds so as to Mr. MCCAIN. I would say to the dis- ceives $33.7 billion for operations in Af- avoid our responsibility to abide by the tinguished chairman, if there is a ghanistan, Iraq, and Haiti. The bulk of spending limits set forth by the Congress. unanimous consent agreement con- this money, $24.6 billion, is for oper- The President emphasized, again cluded, I would be more than happy to ations and maintenance, and much quoting from his letter to the Speaker be interrupted. I know that business in needed other funding. The remainder of of the House: the Senate needs to proceed. I am the DOD funding is for military per- After years of budget gimmicks and waste- proud to be joining forces with my col- sonnel costs and other equipment. ful spending, it is time to end the era of irre- league from Oklahoma, Dr. COBURN, to Some say the fiscally responsible sponsibility in Washington. insist that we stop burdening our chil- way to pay for our war costs is to in- I could not agree more. That is why dren and our grandchildren with mas- creases taxes. We disagree. The Amer- I am disappointed to see yet another sive debt. ican people, particularly our soldiers supplemental spending bill designated We have before us today a supple- and their families, are sacrificing as an emergency without offsets. Dr. mental appropriations bill totaling enough already. It is time for Congress COBURN and I agree with what the nearly $60 billion, most of it not paid to start making some sacrifices and President said last year. ‘‘After years for, simply being added to the ever forgo the earmarks and other special of budget gimmicks and wasteful growing debt, to be paid for by future deals to help provide our troops with spending, it is time to end the era of ir- generations of Americans. the support and equipment they need. responsibility in Washington.’’ That is If we are serious about our commit- The first amendment of Dr. COBURN precisely what we are seeking to do ment to reduce our debt and eliminate saves taxpayers $59.6 billion by doing with these two amendments. our deficit, then Congress needs to the following: freezing raises, bonuses, In the past 2 years, America has start making some tough decisions and salary increases for Federal em- faced her greatest fiscal challenges about our national priorities and we ployees for 1 year; collecting unpaid since the Great Depression. When the need to start now. taxes from Federal employees, $3 bil- financial markets collapsed, it was the Dr. COBURN is seeking a vote on one lion; reducing printing and publishing American taxpayer who came to the of two reasonable amendments, both of costs of government documents, $4.4 rescue of the banks and the big Wall which would fully offset the cost of billion over 10 years; reducing exces- Street firms. But who has come to the

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Since January of 2009, we have we pass on to our children and grand- for ANA recruits and intensified been on a spending binge the likes of children? partnering with U.S. forces, we are on which this Nation has never seen. In I applaud Senator COBURN not only track to exceed the stated goal of that time, our debt has grown by over for this effort but many of the other ef- 134,000 trained ANA by October. The $2 trillion. We passed a $1.1 trillion forts he has made. I am pleased to join additional resources in this bill will stimulus bill. him. I hope my colleagues will under- help ensure we stay on this positive Remember the assurance that unem- stand that the American people are trajectory for ANA training and mobi- ployment would be at a maximum of 8 angry and frustrated. Look at the lat- lization. percent? Now it is 9.9. We passed a $2.5 est polling numbers—we do read polls. Unfortunately, the same progress has trillion health care bill. The American Do you want to reelect your Member of not been realized in training the Af- people are still angry about that. The Congress? What is our approval rating? ghan National Police, ANP. A lack of President submitted a budget for next It is 14, 13, 12 percent. We are down to oversight, coupled with high rates of year totaling $3.8 trillion. We now have blood relatives and paid staffers. The attrition, drug use, illiteracy, and a deficit of over $1.4 trillion, and we point is, let’s send a message to the widespread corruption have severely just passed, a week or so ago, the $13 American people we are serious. undermined our efforts to establish a trillion debt mark which amounts to Yes, there are tough decisions and credible police force. more than $42,000 owed by every man, tough things that are embodied in this I was appalled—appalled does not de- woman, and child in America. legislation. I urge my colleagues to at scribe it—I was appalled to learn we This year the government will spend least take a look at them and consider have spent $6 billion on training the more than $3.6 trillion and will borrow putting this Congress and this Nation ANP in the past 9 years, with little to 41 cents for every $1 it spends. Unem- on a different path. show for it. I have been in literally 60 ployment remains at 9.9 percent and, I yield the floor. to 100 meetings—before my three trips according to forbes.com, a record 2.8 The PRESIDING OFFICER. The Sen- to Afghanistan, in Afghanistan, and million American households were ator from Delaware. my trips back. I have yet to hear any- threatened with foreclosure last year. Mr. KAUFMAN. Mr. President, I rise one say anything good about the Af- That number is expected to rise to well today to voice my support for H.R. ghan national police. It was not until I over 3 million homes this year. With 4899, the Fiscal Year 2010 Supplemental got on the Homeland Security Sub- this bill, we are poised to tack another Appropriations Act. This bill is critical committee that I found out we were $60 billion onto the tab. to our future success in Iraq, Afghani- I travel a lot around my State. I stan, and Pakistan and also delivers spending $6 billion to train them. I know all of my colleagues do. Every much needed humanitarian aid to would have been shocked if I had heard place I go I meet county supervisors, Haiti. Today, I wish to highlight how we were spending $100 million to train city councilmen, mayors, elected offi- some of the provisions in this legisla- them. However, this is key to our suc- cials from all over the State. I talk to tion support U.S. foreign policy goals, cess in Afghanistan, and I believe the the Governor, the legislature. They strengthen our military and civilian ef- administration is now fully aware of make tough decisions. The city of forts, and defend against security the problems that have become en- Phoenix had to cut its budget by some threats around the world. demic to this program and is focused 30 percent last year, a very tough deci- This bill does a great deal to support on eliminating them in the months sion. Meanwhile, we increased domes- our ongoing counterinsurgency effort ahead. tic spending by 20 percent. What is the in Afghanistan. As General McChrystal Funding in this bill will support ef- difference between the city of Phoenix has said, counterinsurgency is not an forts to get police training back on and us in the Capitol? We print money. ‘‘event,’’ but rather, a ‘‘process,’’ and track, which is one of the most critical A debt of $1.4 trillion this year, esti- this supplemental provides the essen- elements of our strategy in Afghani- mated to be $1.5 trillion this year, how tial resources needed at each stage of stan. can we continue this? the process. This bill also does a great deal to re- These two amendments by Dr. First, the military must ‘‘shape and inforce our partnership with Pakistan. COBURN can achieve a significant sav- clear’’ in a military operation. The After traveling three times in the past ings, $60 billion in each. That is $120 President made the bold decision in year to Pakistan, I cannot underscore billion that both of these amendments December that an additional 30,000 enough the importance and strategic could save the taxpayers. Wouldn’t it troops were needed in Afghanistan, and value of this partnership to our shared be wonderful to show the taxpayers this bill fully funds the additional de- fight against violent extremism. This that maybe we are going to do some- ployment. As we saw earlier this year resonates at home today in the wake of thing like cutting the budget, cutting in Marjah and will witness this sum- the failed Times Square bombing and our budgets? Wouldn’t it be nice to tell mer in Kandahar, the U.S. military is Faisal Shahzad’s alleged ties to Paki- the American people we are going to partnering with the Afghan security stani extremists in Waziristan. In light eliminate nonessential government forces for the ‘‘clear and hold’’ portion of mutual security interests, we must travel? Couldn’t we at least freeze bo- of counterinsurgency, and I am pleased continue to nurture our relationship nuses? this bill provides $2.6 billion to train with the Pakistani people and mili- We have an opportunity to show the and equip the Afghan security forces. tary, demonstrating our enduring long- American people we are going to tight- Next we must ‘‘build,’’ which re- term interest in the region. en our belts a little bit, too; that we quires a unity of effort between the Last year, Congress validated that care about generational theft; that we military and civilian agencies and commitment in the form of a 5-year, care about future generations of Amer- which is why this bill provides $1.48 bil- $7.5 billion economic aid package, oth- icans. I know some of these measures lion to the State Department for con- erwise known as the Kerry-Lugar bill, will not be popular, but Dr. COBURN has tinued reconstruction and law enforce- and in the past 2 years, we have in- never been one who has tried to win a ment programs. As I have stated be- vested over $1 billion in military aid in popularity contest. What Dr. COBURN fore, our goal is to transfer authority the Pakistan counterinsurgency capa- has tried to do is steer the American to the Afghans. For this, we must con- bility fund. This bill reaffirms these people on a path to some kind of fiscal tinue to train and mentor the Afghan commitments with $259 million to sup- solvency so we can stop this terrible Army, police, and civil servants, so port ongoing programs to strengthen generational theft we are committing. they may assume greater responsi- democratic governance, rule of law,

VerDate Mar 15 2010 02:45 May 27, 2010 Jkt 089060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G26MY6.053 S26MYPT1 smartinez on DSKB9S0YB1PROD with SENATE S4426 CONGRESSIONAL RECORD — SENATE May 26, 2010 and social and economic services to im- Since then, it has provided a vital (b) INFORMATION ON TOTAL EMPLOYEES.— prove the lives of the people of Paki- service in helping them to find essen- The Director of the Office of Management stan. Of the total, $10 million would be tial resources and assistance. VOA runs and Budget shall publicly disclose the total provided for the Pakistani Civilian As- public safety and relief supply updates, number of Federal employees, as well as a breakdown of Federal employees by agency sistance Program, $5 million for human as well as a call-in line to broadcast and the annual salary by title of each Fed- rights programs, and $1.5 million to fa- messages from families and friends of eral employee at an agency and update such cilitate the implementation and over- the injured and missing. The additional information not less than once a year. sight of USAID and Department of resources in this bill will help to sus- SEC. 4003. COLLECTION OF UNPAID TAXES FROM State programs. tain these critical public services, and EMPLOYEES OF THE FEDERAL GOV- This bill also provides $50 million for I commend the VOA for its commit- ERNMENT. the purchase of helicopters for Paki- ment and its great contribution to dis- (a) IN GENERAL.—Chapter 73 of title 5, stan which will be used to combat ter- aster relief globally, and especially in United States Code, is amended by adding at the end the following: rorist groups and other extremist orga- Haiti. nizations. I am hopeful that this level This bill reinforces our foreign policy ‘‘SUBCHAPTER VIII—COLLECTION OF UN- of commitment will help persuade the PAID TAXES FROM EMPLOYEES OF goals and secures our interests at home THE FEDERAL GOVERNMENT Pakistanis to redouble their efforts to and abroad. It also funds our Armed address security concerns along the Forces which are deployed in harm’s ‘‘§ 7381. Collection of unpaid taxes from em- ployees of the Federal Government border with Afghanistan. I cannot em- way, and supports the civilian diplo- phasize enough the importance of Paki- ‘‘(a) DEFINITION.—For purposes of this sec- matic and development initiatives that tion— stan’s contribution to the security sit- are necessary to our efforts in Afghani- ‘‘(1) the term ‘seriously delinquent tax uation in the tribal areas, especially as stan, Pakistan, and Iraq. I thank the debt’ means an outstanding debt under the it pertains to targeting the Afghan leadership for moving this bill forward, Internal Revenue Code of 1986 for which a no- Taliban—not just the Pakistani and I call on my colleagues to join me tice of lien has been filed in public records Taliban—including the Haqqani Net- in supporting this supplemental. pursuant to section 6323 of such Code, except work and Quetta Shura. I thank the Chair. that such term does not include— This bill also helps ensure a stable The PRESIDING OFFICER. The Sen- ‘‘(A) a debt that is being paid in a timely and secure Iraq in preparation for the ator from Oklahoma. manner pursuant to an agreement under sec- drawdown of United States forces and tion 6159 or section 7122 of such Code; and AMENDMENT NO. 4231, AS MODIFIED ‘‘(B) a debt with respect to which a collec- complete withdrawal of combat troops Mr. COBURN. Mr. President, I ask tion due process hearing under section 6330 by September. During my recent visit unanimous consent that amendment of such Code, or relief under subsection (a), to the region, I was struck by the heli- No. 4231 be modified with the changes (b), or (f) of section 6015 of such Code, is re- copter view of Baghdad at night. The at the desk. quested or pending; and glimmering lights of the city and the The PRESIDING OFFICER. Is there ‘‘(2) the term ‘Federal employee’ means— traffic looked similar to any city in the objection? ‘‘(A) an employee, as defined by section U.S. That sight illustrated the progress The Senator from Oklahoma. 2105; and that has been made in Iraq and the en- ‘‘(B) an employee of the United States Con- Mr. COBURN. Mr. President, I want gress, including Members of the House of during mutual commitment and part- to tell you that I concur in what I just Representatives and Senators. nership that has been created in recent heard—— ‘‘(b) COLLECTION OF UNPAID TAXES.—The years. As a means of reinforcing this The PRESIDING OFFICER. The Sen- Internal Revenue Service shall coordinate commitment and continued progress, ator’s request has not yet been agreed with the Department of Treasury and the this bill provides an additional $1 bil- to. hiring agency of a Federal employee who has lion for the Iraqi security forces fund. Mr. COBURN. The modification has a seriously delinquent tax debt to collect It also provides $650 million in addi- not? such taxes by withholding a portion of the tional economic and security assist- The PRESIDING OFFICER. That is employee’s salary over a period set by the hiring agency to ensure prompt payment.’’. ance for Iraq which includes $450 mil- correct. (b) CLERICAL AMENDMENT.—The analysis lion for the Iraqi police program. Mr. COBURN. There is an objection? for chapter 73 of title 5, United States Code, These measures support the security The PRESIDING OFFICER. Without is amended by adding at the end the fol- framework in Iraq, which will provide objection, the amendment is so modi- lowing: Iraq’s leaders with the stability they fied. ‘‘SUBCHAPTER VIII—COLLECTION OF UNPAID need to form a new government. With The amendment, as modified, is as TAXES FROM EMPLOYEES OF THE FEDERAL the election recount recently com- follows: GOVERNMENT pleted, the groundwork has been laid At the end of the bill, add the following: ‘‘Sec. 7381. Collection of unpaid taxes from for Iraqi elected officials to work to- TITLE IV—PAYMENT OF COSTS OF employees of the Federal Gov- ward a common goal of establishing a SUPPLEMENTAL APPROPRIATIONS ernment.’’. government representative of the peo- SEC. 4001. TEMPORARY ONE-YEAR FREEZE ON SEC. 4004. REDUCING PRINTING AND PUB- ple of Iraq. While a functioning govern- RAISES, BONUSES, AND OTHER SAL- LISHING COSTS OF GOVERNMENT ment should not just be cobbled to- ARY INCREASES FOR FEDERAL EM- DOCUMENTS. PLOYEES. Within 90 days after the date of enactment gether in the interest of time, it is im- Notwithstanding any other provision of of this Act, the Director of the Office of Man- portant to note that a prolonged delay law, civilian employees of the Federal Gov- agement and Budget shall coordinate with could create a power vacuum that may ernment in fiscal year 2011 shall not receive the heads of Federal departments and inde- exacerbate ongoing security concerns. a cost of living adjustment or other salary pendent agencies to determine which Gov- This bill reinforces and continues to increase, including a bonus. The salaries of ernment publications could be available on build upon the security infrastructure members of the armed forces are exempt Government websites and no longer printed that the Iraqis have created, and the from the provisions of this section. and to devise a strategy to reduce overall goal of building and sustaining past SEC. 4002. CAPPING THE TOTAL NUMBER OF FED- Government printing costs by no less than a ERAL EMPLOYEES. total of $4,600,000 over the 10-year period be- success. (a) IN GENERAL.—Not later than 3 months ginning with fiscal year 2010. The Director Finally, I am grateful this bill in- after the date of enactment of this Act, the shall ensure that essential printed docu- cludes $3 million for the Voice of head of each relevant Federal department or ments prepared for Social Security recipi- America’s Creole language broad- agency shall collaborate with the Director of ents, Medicare beneficiaries, and other popu- casting in Haiti. The VOA Creole the Office of Management and Budget to de- lations in areas with limited internet access broadcasts include public service an- termine how many full-time employees the or use continue to remain available. nouncements from U.S. Government department or agency employs. For each new SEC. 4005. REDUCING EXCESSIVE DUPLICATION, agencies, which have been so valuable full-time employee added to any Federal de- OVERHEAD AND SPENDING WITHIN in previous crises around the world, partment or agency for any purpose, the THE FEDERAL GOVERNMENT. head of such department or agency shall en- (a) REDUCING DUPLICATION.—The Director and have helped Haitians find loved sure that the addition of such new employee of the Office of Management Budget and the ones, shelter, medical assistance, and is offset by a reduction of one existing full- Secretary of each department (or head of aid, in the aftermath of the earth- time employee at such department or agen- each independent agency) shall work with quake. cy. the Chairman and ranking member of the

VerDate Mar 15 2010 02:45 May 27, 2010 Jkt 089060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\A26MY6.021 S26MYPT1 smartinez on DSKB9S0YB1PROD with SENATE May 26, 2010 CONGRESSIONAL RECORD — SENATE S4427 relevant congressional appropriations sub- SEC. 4007. ELIMINATING BONUSES FOR POOR more than $1,000,000,000 is provided to the committees and the congressional author- PERFORMANCE BY GOVERNMENT United Nations each year in excess of the izing committees and the Director of the Of- CONTRACTORS. United States’ annual assessed contribu- fice of Management Budget to consolidate (a) GUIDANCE ON LINKING OF AWARD AND IN- tions. CENTIVE FEES TO OUTCOMES.—Not later than programs with duplicative goals, missions, SEC. 4011. RETURNING EXCESSIVE FUNDS FROM and initiatives. 180 days after the date of enactment of this AN UNNECESSARY, UNNEEDED, (b) CONTROLLING BUREAUCRATIC OVERHEAD Act, each Federal department or agency UNREQUESTED, DUPLICATIVE RE- COSTS.—Each Federal department and agen- shall issue guidance, with detailed imple- SERVE FUND THAT MAY NEVER BE cy shall reduce annual administrative ex- mentation instructions (including defini- SPENT. penses by at least five percent in fiscal year tions), on the appropriate use of award and Notwithstanding any other provision of 2011. incentive fees in department or agency pro- law, unobligated funds for the Women, In- (c) RESCISSIONS OF EXCESSIVE SPENDING.— grams. fants and Children special supplemental nu- There is hereby rescinded an amount equal (b) ELEMENTS.—The guidance under sub- trition program appropriated and placed in to 5 percent of— section (a) shall— reserve by Public Law 111–5 are rescinded. (1) the budget authority provided (or obli- (1) ensure that all new contracts using SEC. 4012. STRIKING AN UNNECESSARY APPRO- gation limit imposed) for fiscal year 2010 for award fees link such fees to outcomes (which PRIATION FOR SALARIES AND EX- any discretionary account in any other fiscal shall be defined in terms of program cost, PENSES OF A GOVERNMENT COM- year 2010 appropriation Act; schedule, and performance); MISSION. (2) the budget authority provided in any (2) establish standards for identifying the Notwithstanding any other provision of advance appropriation for fiscal year 2010 for appropriate level of officials authorized to this Act, no funds shall be appropriated or any discretionary account in any prior fiscal approve the use of award and incentive fees otherwise made available for salaries or any year appropriation Act; and in new contracts; other expenses of the Financial Crisis In- (3) the contract authority provided in fis- (3) provide guidance on the circumstances quiry Commission established pursuant to cal year 2010 for any program subject to limi- in which contractor performance may be section 5 of the Fraud Enforcement and Re- tation contained in any fiscal year 2010 ap- judged to be excellent or superior and the covery Act of 2009 (Public Law 111–21). propriation Act. percentage of the available award fee which SEC. 4013. RESCINDING A STATE DEPARTMENT (d) PROPORTIONATE APPLICATION.—Any re- contractors should be paid for such perform- TRAINING FACILITY UNWANTED BY scission made by subsection (a) shall be ap- ance; RESIDENTS OF THE COMMUNITY IN WHICH IT IS IT IS PLANNED TO BE plied proportionately— (4) establish standards for determining the (1) to each discretionary account and each CONSTRUCTED. percentage of the available award fee, if any, Notwithstanding any other provision of item of budget authority described in such which contractors should be paid for per- law, no Federal funds may be spent to con- subsection; and formance that is judged to be acceptable, av- struct a State Department training facility (2) within each such account and item, to erage, expected, good, or satisfactory; in Ruthsberg, Maryland, and any funding ob- each program, project, and activity (with (5) ensure that no award fee may be paid ligated for the facility by Public Law 111–5 programs, projects, and activities as delin- for contractor performance that is judged to are rescinded, this section eated in the appropriation Act or accom- Provided That, be below satisfactory performance or per- does not prohibit funds otherwise appro- panying reports for the relevant fiscal year formance that does not meet the basic re- priated to be spent by the State Department covering such account or item, or for ac- quirements of the contract; for training facilities in other jurisdictions counts and items not included in appropria- (6) provide specific direction on the cir- in accordance with law. tion Acts, as delineated in the most recently cumstances, if any, in which it may be ap- submitted President’s budget). propriate to roll over award fees that are not Mr. COBURN. I thank the Chair. (e) EXCEPTIONS.—This section shall not earned in one award fee period to a subse- I want to say I enjoyed very much apply to discretionary authority appro- quent award fee period or periods; Senator KAUFMAN’s words, and I agree priated or otherwise made available to the (7) ensure that the Department or agency— with him. I think what he talked about Department of Veterans Affairs and the De- (A) collects relevant data on award and in- and what we are doing for our military partment of Defense. centive fees paid to contractors; and (f) OMB REPORT.—Within 30 days after the in this bill is appropriate. It is some- (B) has mechanisms in place to evaluate date of enactment of this section, the Direc- thing that has to be done. The only dif- tor of the Office of Management and Budget such data on a regular basis; and ference I would have with him is it is (8) include performance measures to evalu- shall submit to the Committees on Appro- not an emergency. We all know it is priations of the House of Representatives ate the effectiveness of award and incentive fees as a tool for improving contractor per- not an emergency. The reason it is and the Senate a report specifying the ac- being classified as an emergency is be- count and amount of each rescission made formance and achieving desired program out- pursuant to this section and the report shall comes. cause we do not want to make the hard be posted on the public website of the Office (c) RETURN OF UNEARNED BONUSES.—Any choices of getting rid of something else of Management and Budget. funds intended to be awarded as incentive to pay for it, and we do not want to fees that are not paid due to contractors in- SEC. 4006. ELIMINATING NONESSENTIAL GOV- have another violation of pay-go, so ERNMENT TRAVEL. ability to meet the criteria established by what we do is we classify it as an emer- Within 60 days after the date of enactment this section shall be returned to the Treas- ury. gency. of this Act, the Director of the Office of Man- The only thing in this bill that is an agement and Budget, in consultation with SEC. 4008. ELIMINATING GOVERNMENT WASTE the heads of the Federal departments and AND INEFFICIENCY. emergency is the FEMA money. That agencies, shall establish a definition of ‘‘non- Within 30 days after the date of enactment is the only thing that meets the defini- essential travel’’ and criteria to determine if of this Act, the Energy Star program admin- tion of our own rules for an emergency: travel-related expenses and requests by Fed- istered by the United States Environmental unforeseen, unpredictable, and unan- eral employees meet the definition of ‘‘non- Protection Agency shall be terminated and ticipated. Everything else in this bill is essential travel’’. No travel expenses paid no Federal tax rebates or tax credits related predictable, foreseen, and anticipated. for, in whole or in part, with Federal funds to the Energy Star program shall be any shall be paid by the Federal Government un- longer available. So we are actually violating our own less a request is made prior to the travel and SEC. 4009. STRIKING INCREASE IN FOREIGN AID integrity when we bring a bill to the the requested travel meets the criteria es- FOR INTERNATIONAL ORGANIZA- floor and call it an emergency when ev- tablished by this section. Any travel request TIONS. erybody knows it is not. that does not meet the definition and cri- Notwithstanding any other provision of Why are we doing that? We are doing teria shall be disallowed, including reim- this Act, the total amount appropriated that because we do not want to have to bursement for air flights, automobile rent- under the heading ‘‘CONTRIBUTIONS FOR live with the rule we set for ourselves INTERNATIONAL PEACEKEEPING ACTIVITIES’’ als, train tickets, lodging, per diem, and called pay-go. I did not vote for pay-go. other travel-related costs. The definition es- under the heading ‘‘INTERNATIONAL ORGANI- tablished by the Director of the Office of ZATIONS’’ under chapter 10 of title I of this I do not believe in pay-go because pay- Management and Budget may include ex- Act is hereby reduced by $68,000,000 and no go is exactly what I said it would be emptions in the definition, including travel more than $28,500,000 may be made available when we had the vote. The American related to national defense, homeland secu- by this section, Provided That, this section taxpayer, you go pay, and we will go rity, border security, national disasters, and does not prohibit additional funds otherwise spend, and we will not diminish any of other emergencies. The Director of the Office appropriated to be spent for emergency secu- our spending, our profligate spending, of Management and Budget shall ensure that rity in Haiti in accordance with law. because of this rule. all travel costs paid for in part or whole by SEC. 4010. $1,000,000,000 LIMITATION ON VOL- Since we have passed the bill on pay- the Federal Government not related to na- UNTARY PAYMENTS TO THE UNITED tional defense, homeland security, border se- NATIONS. go on February 12 of 2010—that is when curity, national disasters, and other emer- Notwithstanding any other provision of it was signed into law—we have bor- gencies do not exceed $5,000,000,000 annually. law, the Secretary of State shall ensure no rowed $46 billion and waived pay-go;

VerDate Mar 15 2010 01:34 May 27, 2010 Jkt 089060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\A26MY6.020 S26MYPT1 smartinez on DSKB9S0YB1PROD with SENATE S4428 CONGRESSIONAL RECORD — SENATE May 26, 2010 borrowed $10 billion and waived pay-go; start. If we are going to set an exam- we are passing out of here that is not borrowed $99 billion and waived pay- ple, we ought to start with our own paid for. What does it mean? We heard go—that was all in March. We bor- budget. CBO will not score that either. Senator MCCAIN talk about genera- rowed $18 billion. Why won’t they score it? We are tional theft. Here is the face of it. Here This one is not going to count clueless to what the real world is about is little Miss Madeline. When I first put against pay-go because we put a false in terms of spending and budgets. We this picture up in the Chamber less emergency designation on it, and we cannot get a score even though the di- than 7 months ago, it was $38,000. It is have another $190 billion coming to us rection in the amendment is to sell off now $42,000 per man, woman, and child from the House for extenders, and we $15 billion in unused properties and in this country. That is what they owe are going to waive pay-go on that. So physical plants that we know we do not individually on our net debt. That is we will have spent $530 billion since use that cost us $8 billion a year to not our gross debt; that is our net debt. February 12 that we do not have, and maintain. CBO is not going to score The $13 trillion does not represent our we refuse to make choices about lower that either—so that is not going to be real debt. That only represents what priority programs and eliminating scored as savings—and rescinding we owe outside. It does not represent them. That is the truth. Nobody is unspent and uncommitted Federal what we owe ourselves. going to dispute it. You cannot even funds, of which there is over $350 bil- So she is at $42,000. Extrapolate the get anybody to debate you on these lion sitting in the bank right now that increase from $38,000 to $42,000 every 6 things. They will not debate you be- is unobligated. I am not talking about months and see what you get. What cause they know it is the fact. They obligated funds. I am talking about un- you get 20 years from now—if you in- will not stand and even counter it be- obligated funds, which says we are clude unfunded liabilities—Madeline, cause they know it is the fact. going to manage our money better. We when she is 24, will owe $1,113,000. That Well, what are the other facts? Here are going to make it stream. We are is what she is going to be responsible are the other facts: FEMA is broke. not going to let it sit there for so long. for. So when we hear somebody talk We are not going to borrow the money. Medicare is broke. Medicaid is broke. about generational theft, what they We are going to borrow it more on a Fannie and Freddie are broke. Social are talking about is robbing oppor- time-as-needed basis, and we are not Security is broke. It is running a nega- tunity. tive balance. The U.S. Post Office is going to have as much money sitting in If you had a 6-percent interest rate broke. The highway trust fund is unobligated funds. on $1,113,000, it is not hard to figure out We are going to have criticism broke. And guess what. So is the Fed- that is $66,000 a year in interest that against our first amendment because eral Government. If we are not careful, Madeline is going to have to pay before CBO does not score it. Do you know we are going to add our kids to the list what. CBO’s accuracy is about as good she pays any taxes to run the govern- and say they are broke. That is where as mine at throwing a baseball: not ment, defend the country, pay for we are headed: broke. That means our very good. I cannot hit the strike zone, Medicare for me and the rest of the liabilities are greater than our assets. and neither do they. That does not people in this room, before she owns a That means the money we have is not mean anything against them because home, before she educates her kids. It sufficient to cover the debts we have. we are giving them lots of unknowns. is thievery. We have seen this tremendous vola- But we have also set up a set of rules How hard is it? How hard is it in a $3 tility in the markets over the last 2 that are designed to not give us what trillion budget for us to find the weeks. They are upset because they are we need to have: the real information. money—find the money—to pay for not sure there is a stable Euro right No business, no family operates their this war? How hard is it? It is only as now. The Euro has dropped from $1.43 budgets with such loose rules. hard as we make it. We are risk averse. in the last 4 months to $1.22. That is a Where are we going? Here is where we We do not want to be criticized because significant decline in that currency. are going right now. This chart shows some program that had somebody who Why is that? Because there is no con- discretionary spending in the United was for it is not going to be there any- fidence they are going to be able to States since 1999. In 2010—and this is in more. We are going to do it. We are solve their problems of being broke, be- real dollars; this is not inflation-ad- going to eliminate those programs. I cause they are not making the hard justed dollars; it would not look quite can promise you we are. The question choices among priorities that are nec- as bad if it were in inflation-adjusted is when we are going to do it, and how essary for them to get out of the prob- dollars—but we are going from $572 bil- drastic it is going to be, and who is lems they face. And we are just start- lion to $1.408 trillion. And do you know going to make us do it. If we do not do ing to see a backstop and IMF demands what. That does not count any of the it ourselves, then the priorities are not of Greece—and you are going to see it spending—any of the spending—the going to be the priorities of the body. of many others—that they are going to $500 billion we are going to pass outside They are going to be the priorities of have to make certain cuts in spending. of pay-go. It does not count any of it. the world bankers. That is who is going We have a couple of choices. We can So in a time when our country owes to do it. We are going to do this. We wait 2 or 3 years, when we are in the $13 trillion—it is going to over $26 tril- are going to cut spending. The question same shape, to where the world cur- lion in 9 years; that is the path we are is, Do we do it now and make it less rency and the world bankers are de- on—we are increasing spending, and we painful or do we wait until we are manding of us that we make those hard are not paying for any of it. We are not forced into it like the Greeks? choices or we can start making them making one hard choice. One of the few I think our history, I think our cul- now when they are a lot less expensive things that is paid for in this bill con- ture, and I think our children are and a lot less costly. tinues to fund a commission we do not worth us starting to make those kinds I know the amendments we have of- even need because we just passed the fi- of difficult decisions. It is my hope we fered have been sent to CBO, and CBO nancial reform bill, and yet we are will give consideration—I do not care is saying—which tells us another entire going to spend $1.8 million on the Fi- what combination of cuts we make. I problem we have—they cannot score a nancial Inquiry Commission. Why just offered some. I am willing for the freeze in Federal salaries. Well, we would we do that? You talk about appropriators to make the cuts. But we know it is going to go up $3.1 billion throwing money down a rat hole. Why no longer live in a time when we can next year if we do not score it, but CBO has the commission continued to meet? borrow from the future of our children will not score it. We know regardless of We have already decided in all our to pay for now. It has to start. I would the significant increase we had in our knowledge and all our wisdom we knew ask my colleagues to support that own budgets—4.6 percent—I have aver- how to fix it, even though we did not start. aged turning back more than 400,000 a even fix the underlying causes for the I yield the floor. year. Everybody in this Congress, ev- real collapse: Fannie Mae and Freddie The PRESIDING OFFICER. The Sen- erybody in this Senate, could do that Mac. We did not address it at all. We ator from Oregon. easily if they wanted to. We have of- did not address leverage ratios. Mr. MERKLEY. Mr. President, I rise fered $100 million in cuts to our own That is where we are going: $1.4 tril- to discuss a huge challenge in the budgets. That is where we ought to lion this year, not counting everything State of Oregon—specifically, a

VerDate Mar 15 2010 01:34 May 27, 2010 Jkt 089060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G26MY6.056 S26MYPT1 smartinez on DSKB9S0YB1PROD with SENATE May 26, 2010 CONGRESSIONAL RECORD — SENATE S4429 drought that is affecting the southern So I will wrap up my remarks to give tions, a 160-percent increase for border Klamath Basin. This is an area that an opportunity for others to take the control, and a monstrous 1,737-percent had a terrible drought in 1992. This floor, but I do ask my colleagues: We increase for construction and tech- drought set everyone in this basin have a federally declared disaster in nology purposes—1,737 percent for con- against each other. How do you allo- Oregon that needs a modest amount of struction and technology purposes. cate those few precious drops of water help, and I ask for the opportunity to These investments have fully funded between the river and the lake and the have this request duly considered by over 20,000 Border Patrol agents—an in- irrigation, the fish, the farmers? this body as this debate progresses. crease of 6,000 agents or more than 50 It is terribly tough when it doesn’t Thank you, Mr. President. percent since 2006. This increase was at rain. It so happens that this year, the Mr. President, I note the absence of a a total cost of over $3.5 billion this water that has come into the lake is quorum. year. We have doubled the number of lower than at any time the water levels The PRESIDING OFFICER. The Border Patrol agents in a 5-year period, have been recorded and lower by very clerk will call the roll. and the Border Patrol is better staffed significant amounts. So this isn’t just The assistant bill clerk proceeded to and funded than at any time in its 85- a shortfall of rain below the average or call the roll. year history. a modest few weeks without precipita- The PRESIDING OFFICER. The Sen- We completed the southwest border tion; this is the worst drought in the ator from New Jersey. fence, with over 645 miles now under ef- Klamath Basin in recorded history. Mr. MENENDEZ. Mr. President, I ask fective control compared to 241 miles That is why it has received status as a unanimous consent that the order for in fiscal year 2005. Over the last 3 Federal disaster. The Governor of Or- the quorum call be rescinded. years, the Democratic-controlled Con- egon wrote on March 16 and on April 5 The PRESIDING OFFICER. Without gress has invested $1.2 billion to com- requesting a disaster designation for objection, it is so ordered. plete the fence—20 percent more than Klamath County, OR, due to the losses Mr. MENENDEZ. Mr. President, I the Republican Congress provided for caused by the ongoing drought and re- rise to speak on some of the amend- that effort. lated disasters, and the Department of ments before the Senate that I under- We have financed advanced new bor- Agriculture assessed that and issued stand will be considered and coming up der control technologies including that disaster declaration. There are for some votes. To me, they are mis- cameras, radars, sensors, and command well over 1,000 families—about 1,400 guided efforts as it relates to how we and control systems to help the Border families—who farm the Klamath Basin ultimately deal with our immigration Patrol continuously monitor the bor- and about 200,000 acres of land in that policy in this country; how we deal der. Democrats in Congress provided very productive region. with the questions of national security, $421 million—more than four times As we have immersed ourselves in of our economy, of our well-being. what the Republican Congress pro- discussions with the Secretary of Agri- I have joined in supporting and take vided—for these tools and required a culture and the Secretary of the Inte- a backseat to no one in our efforts to high standard of oversight and ac- rior, there are a couple key strategies secure the borders of the United countability to ensure these advanced that can be pursued to prevent what is States. However, the militarizing of technologies would prove to be robust, a terrible situation right now from the border is something I clearly do being an utter and total disaster by reliable, and true force multipliers. We not believe is in our collective inter- August and September. Those strate- have funded three new Predator-B un- ests. gies are pumping ground water, which manned aerial vehicles for long-dura- Now, Senators CORNYN, KYL, and is quite expensive due to the power tion aerial surveillance of the areas be- MCCAIN seek to offer border enforce- needs, and idling land—asking some tween official ports of entry. ment amendments to the supplemental Customs and Border Patrol air and farmers who have water rights to set we are debating, but these amendments aside their rights for modest payments, marine division manages the largest are, in my mind, merely an oppor- and by modest, meaning less than $200 law enforcement air force in the world tunity to grandstand instead of solving an acre for highly fertile ground. But with 284 aircraft, including six Pred- the country’s real immigration prob- that greatly reduces the size of this ator aircraft patrolling the Nation’s lems. disaster to the community. land and sea borders to stop terrorists I applaud the hard work the Sec- These amendments would deplete and drug smugglers before they enter retary of Agriculture and the Sec- critical stimulus funds that are greatly the United States. retary of the Interior have done. They needed to support a recovering econ- Since 2008, a Democratic-controlled have worked to reprogram, to make omy. It is an economy that recovers Congress has provided $323 million— those modest changes so they are al- that ultimately generates the revenues more than five times the amount pre- lowed to free up a small amount of to fund some of the very initiatives we viously provided by Republicans—for funds, a modest amount of funds. But would like to see. It is important to re- the Unique Identity Initiative under to really address this situation, to idle alize that many of the remaining stim- the US–VISIT Program. Democrats basically what amounts to a fourth of ulus funds—much of the funding is for have also doubled funding—from $15 that land, would take $10 million. mandatory programs. These are pro- million in 2008 to $31 million in 2010— I have an amendment filed, amend- grams we must pay for under current for the US–VISIT effort to review bio- ment No. 4251, that I hope will have a law, such as unemployment insurance, graphic, travel, and biometric informa- chance to be brought up and considered food stamps, FMAP, to mention a few. tion of foreign visitors to the United later on because we are addressing Furthermore, there seems to be a States. some major disasters around the coun- sense of amnesia here. We have already The Border Patrol is not the only try in this appropriations legislation, poured billions of dollars into border Federal agency at the border. In Ari- and it is certainly appropriate, when enforcement this year, more than zona alone, there are more than 6,000 you have a declared Federal disaster in under the last Republican-controlled Federal law enforcement agents—the my State, to have this modest amount Congress. Over the last 3 years alone, majority employed by the Border Pa- of money, in comparison to the other the Democratic Congress has increased trol—representing nearly 10 agents for requests, receive consideration for the U.S. Customs and Border Protection every mile of international line be- community. funding by over 23 percent, from $8 bil- tween Arizona and Sonora, Mexico. I note that Senator WYDEN from Or- lion to about $10 billion. We have added The legions of Border Patrol agents egon and Senator BOXER and Senator an extra $1 billion for border infra- are supported by thousands of Federal FEINSTEIN are very supportive and co- structure and security activities as agents from a wide spectrum of agen- sponsors because this Klamath Basin is part of the American Recovery and Re- cies, including several thousand Immi- on the boundary between Oregon and investment Act of 2009. gration and Customs Enforcement California, so there is territory within Funding for border security in the agents; 1,180 DEA agents; 1,212 air and both States that is affected by this dis- last 10 years has increased substan- marine officers; 6,235 Alcohol, Tobacco, aster and would be assisted by this rev- tially, with a 127-percent increase for and Firearms agents; 1,419 canine en- enue. Customs and Border Patrol inspec- forcement teams; 280 horse patrols; 208

VerDate Mar 15 2010 01:34 May 27, 2010 Jkt 089060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G26MY6.057 S26MYPT1 smartinez on DSKB9S0YB1PROD with SENATE S4430 CONGRESSIONAL RECORD — SENATE May 26, 2010 narcotics detection teams; 32 currency and fixing our broken immigration sys- By having people come forth as the detection teams; 212 narcotics-human tem. law, as we suggest, becomes reality and smuggling detection teams; and 4 DEA Even former Bush administration being able to register in a temporary mobile enforcement teams. Secretary of Homeland Security Tom status, we bring people out of the dark- The number of Border Patrol agents Ridge wrote in a 2006 op-ed that gain- ness into the light. We create an oppor- has increased so rapidly there aren’t ing ‘‘operational control of the borders tunity to do criminal background even enough supervisors to effectively is impossible, unless our efforts are checks to make sure they have been in train new agents. The GAO found that coupled with a robust temporary guest other respects law-abiding and that the agency’s ratio of agents to super- worker program and a means to entice they are here to pursue the dreams visors went from the normal 5 to 1 to 11 those now working illegally out of the that millions of immigrants who came to 1. shadows into some type of legal sta- to this country and contributed to the In addition to these border enforce- tus.’’ vitality of this Nation have enor- ment increases, the democratically Now, ‘‘border security first’’ has been mously. controlled Congress has increased ICE’s the strategy used by the Congress and But we will never know who is here budget 37 percent since 2007, the last the Federal Government for the past 17 to pursue that dream versus who is year of a Republican majority in the years. My understanding of the defini- here to do it harm if they stay in the Congress, and restructured the agen- tion of insanity is to keep doing the shadows. That is not in the interest of cy’s budget to target aliens with dan- same thing, do more of it, and get the the national security of the United gerous criminal convictions and those same result. That is a recipe for fail- States. who pose the greatest threat to Amer- ure. The reaction to the Arizona law illus- ica and Americans. Several of my colleagues and I have trates that Latinos, Asians, and others In the last 10 years, funding for im- put forward an immigration framework do not believe they are second-class migration, customs, detention, and re- as an invitation to our Republican col- citizens in this country. I have nothing moval has increased by 170 percent. leagues to join us in something that is in my possession that presents that I Over the last 16 months, the adminis- critical to the national security of the am a U.S. citizen, even though I was tration’s comprehensive plan to secure United States, critical to the economy born in the great city of New York. I the southwest border has resulted in of the United States, and critical so have nothing that ultimately says that record seizures of illegal weapons and that American citizens and legal per- I am such. I don’t carry my birth cer- bulk cash transiting from the United manent residents do not face what they tificate or my passport around with States to Mexico, significant seizures are facing. I have over 200 cases of U.S. me. In essence, I was born here, but if of illegal drugs heading into the United citizens and legal permanent residents I want to travel to another State that States, lower violent crime rates in of the United States—people who obey says that simple lawful contact with a southwest border States, and reduced the law, follow the rules and the proc- citizen—well, lawful contact with a cit- illegal immigration. ess, are here legally—who have been izen is a police officer on foot patrol Republicans now say we must pour unlawfully detained in violation of who comes up to a group of citizens; more money into border security be- their constitutional rights. In some lawful contact with a citizen is a patrol fore we can address this issue com- cases, American citizens have been de- car that comes up to a group of day la- prehensively—more than everything I tained for months before their citizen- borers on a corner; lawful contact is have already stated—but that has not ship was established. anywhere a police officer might well be always been their position. Let me read Who among us in this Chamber is in contact with any citizen. Now the you a quote regarding border enforce- willing to accept second-class citizen- idea that, well, this person gives me ment: ship simply because of the happen- reason to suspect that somehow they Despite an increase in border patrol agents stance of who they are, what they look are here in an undocumented fashion— from 3,600 to 10,000, despite quintupling the like, what their accent may be, or the and that process, even before the Ari- border patrol budget, despite the employ- happenstance of where they happen to zona law, has led to U.S. citizens and ment of new technologies and tactics, all to reside? But that has happened to U.S. legal permanent residents being unlaw- enforce current immigration laws, illegal citizens and legal permanent residents. immigration drastically increased during the fully detained in the United States. I 1990s. While strengthening border security is Then we have laws that exacerbate guess until it happens to one of us, we an essential component of national security, those possibilities of expanding. I do don’t quite feel the same way. But I be- it must also be accompanied by immigration not accept that any citizen of the lieve any citizen in this country is not reforms. As long as there are jobs available United States is a second-class citizen a second-class citizen. in this country for people who live in pov- of this country. I am also worried when one group of erty and hopelessness in other countries, Our national security, our frame- people in our country becomes a sus- these people will risk their lives to cross our work, incorporates many of our Repub- pect class—when one group of people is borders, no matter how formidable the bar- lican colleagues’ ideas. It makes for an riers, and most will be successful. blamed for all the ills of the Nation. even more robust border enforcement History teaches us when that happens, I ask you, who made the statement process, in a way that deals with na- it has a very sad ending. It has a very against border security policies and in tional security. The framework in- sad and dangerous ending. We cannot favor of comprehensive immigration cludes increases in Border Patrol and let that happen in the United States of reform? It was our colleague from Ari- technology. America. It is not who we are as a peo- zona, Senator MCCAIN, on March 30, At the same time, we can never have ple. It is not who we are as a nation. 2006. national security if we don’t know who I believe there is much that hopefully Here is another quote: is here to pursue the American dream will be in common. We believe jointly For those who say let’s just enforce our versus who might be here to do it dam- that the national security of the laws, I remind them that some of our laws are unenforceable. My conservative friends age. Unless we bring millions of people United States is about controlling and are the first ones to point out that the 1986 out of the darkness into the light and protecting our borders, but how we do law is not an effective law. It is unenforce- find out why they are here, what is it is going to be very important. It is able. And until we change it, we are not their purpose, and do a criminal back- about the national economy of this going to be able to just enforce the laws. ground check on them and make them country because, I just have to be hon- That was our colleague from Arizona, law-abiding insofar as they will be able est with you, we have to be honest with JOHN KYL, in 2007. to contribute to the national good, pay what elements of our economy—even in I could go on and on about the com- taxes, go through the background this challenging economy, elements of ments made in the past. I agree in check, and learn English, and after a our economy that are done by immi- those respects with Senator MCCAIN’s long set of years have an opportunity grant workers. and Senator KYL’s past statements to adjust their status in this country, If you had breakfast this morning that we certainly need comprehensive millions will be in the shadows, and we and you had fruit, it was probably immigration reform to achieve the have no idea if they are here to pursue picked by the bent back of an immi- goal of reestablishing the rule of law the American dream or to do it harm. grant worker. If you had chicken for

VerDate Mar 15 2010 01:34 May 27, 2010 Jkt 089060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G26MY6.057 S26MYPT1 smartinez on DSKB9S0YB1PROD with SENATE May 26, 2010 CONGRESSIONAL RECORD — SENATE S4431 dinner last night, it was probably Mr. MENENDEZ. For all of these rea- seem, since two of these three amend- plucked by the cut-up hands of an im- sons, I am in strong opposition to these ments are emanating from the State of migrant worker. If you slept in one of amendments. I certainly urge their de- Arizona, there is a free-for-all in Ari- the hotels or motels of the byways of feat. We are going to send billions more zona to think of more extreme ways to our cities, it was probably cleaned by after billions that have already been respond to what they consider to be a the hands of an immigrant worker. If sent to accomplish the same negative political situation there, from the pas- you have a loved one who is infirm, result, and your own words speak to sage of the legislation—and I concur probably their daily needs are being the very essence of how we get to a so- with the analysis of the Senator from taken care of by the steady hand and lution, which is to pursue a comprehen- New Jersey of it—and now $21⁄4 billion warm heart of an immigrant worker. sive nature to this reality. dollars to be sent down for other—I am I could go on and on. I believe this is If you want to ensure a continuing sorry, that includes the Cornyn amend- also about our national economy. For set of circumstances in which law en- ment, the Senator from Texas. It is so long as we permit a subclass to be forcement turns U.S. citizens into sec- $200 million for Senator KYL—let’s say exploited in an economy it hurts the ond-class citizens, then vote for the $450 million between Senators MCCAIN wages of all others in an economy, and amendments. But otherwise, you and KYL, money to be sent into this Ar- only bringing them out of the darkness should oppose them. izona situation. and into the light will create a better I will be happy to yield. I wonder if we shouldn’t declare a circumstance in which we will not have Mr. DURBIN. I ask through the time out in Arizona for at least some such exploitation. Chair, both the McCain amendment thoughtful reflection about what works I do this all by way of background and the Cornyn amendment appear to and what doesn’t. It seems there is no that says if the amendments that are be paid for out of funds that have al- end to ideas that are being propounded now going to be proceeded on—the ready been allocated for creating new down there to respond to situations Cornyn amendment and the Kyl second jobs in America—the stimulus funds we real and imagined. These amendments degree—pour billions into perpetuating have voted for. If they are successful in are clear evidence. an inadequate strategy that would not these amendments, they would be re- I don’t know if the Senator from New solve the problem, dumping $1.9 billion ducing the funds that are being used to Jersey sees it the same way. in additional personnel, technology, hire people in New Jersey, Illinois, Mr. MENENDEZ. I appreciate the and resources along the border, when Minnesota, and other places to go to question and view of the Senator from in fact we have a set of circumstances work. Is that the way the Senator from Illinois. Yes, that is why I said I re- where that has shown itself time and New Jersey sees it? spect the previous positions Senator time again not to have been the suc- Mr. MENENDEZ. Yes. The Senator is MCCAIN had. He understood that you cessful strategy. correct. In addition, some of the fund- cannot solve this problem by throwing It is interesting that some of the ing they take is from already man- more money, more troops at it. At the State and local grant programs for bor- dated programs, programs that are end of the day, that has not achieved der security have led to a misuse of critical to citizens and communities all the goals, despite enormous in- funds and costly litigation. The Ari- and States, and they would, in essence, creases. And yet there are still chal- zona Daily Star investigation found detract from those mandated programs lenges. that funding for State and local grant for which there is a Federal obligation In view of the fact the President him- programs was used to compensate offi- to move it in this direction, at the self—something I personally don’t sup- cer time for issuing traffic citations, same time decreasing the job opportu- port but nonetheless has gone ahead crowd control at parades and soccer nities at a time in which we are trying and made a deployment on his own, it games, attending a funeral, monitoring to grow this economy, not contract it. seems to me we should see what works gun shows, and responding to calls Mr. DURBIN. I ask through the before we advance billions for efforts about loud music. That isn’t about bor- Chair, if the Senator will yield further, and directing troops by an amendment der enforcement. do I understand the statement that was when those troops could be needed for The McCain amendment appropriates sent by the administration, the Na- a whole host of things. $250 million, offset with Recovery Act tional Security Adviser, that the I have to be honest with you. If we funds. Deployments would be required McCain amendment would circumvent are going to start directing troops, to start within 72 hours of passage and the power of the President to deploy then I wish to see them directed to the last until the Department of Defense troops in the United States in the man- gulf so, in fact, we can help out with and Department of Homeland Security ner sought by this amendment, an un- the oilspill not getting into critical certify they have operational control warranted interference with the Com- wetlands and estuaries. I think that is of the border. This amendment would mander in Chief’s responsibility for the a national emergency. place a significant burden on National direct deployment of our Armed Mr. DURBIN. I ask through the Chair Guard troops who are already overbur- Forces? And this McCain amendment one last question. I don’t know what dened and interfere with the Presi- by Senator JOHN MCCAIN—I kind of re- the situation is with the New Jersey dent’s authority to deploy troops. We call speeches from the other side of the Guard, but many of the Illinois Guard are already using the National Guard aisle about the right of the Commander have been deployed and redeployed in in unprecedented ways in deployments in Chief, the power of the President— Iraq and Afghanistan at great incon- abroad. The President’s authority is af- this McCain amendment would spend venience and hardship to their fami- fected. I know the administration $250 million and allocate 6,000 National lies. The McCain amendment calls for strongly opposes it. Guard troops to start within 72 hours, deployment within 72 hours. People General Jones, the National Security a mobilization within 72 hours of will literally be removed from their Adviser; John Brennan, Assistant to troops to the border. Is that the way families and on the road headed down the President for Homeland Security the Senator from New Jersey reads this to Arizona within 72 hours under the and Counterterrorism said in an at- amendment? McCain amendment. tached letter to Senator LEVIN: Mr. MENENDEZ. The Senator from I ask the Senator if he has dealt with There is no modern precedent for Congress Illinois is correct. As a matter of fact, these Guard families and has any idea to direct the President to deploy troops in the same letter he read from General what impact this might have on their the manner sought by the amendment. It Jones, the National Security Adviser, lives. represents an unwarranted interference with and John Brennan, the Assistant to the Mr. MENENDEZ. I appreciate the the Commander-in-Chief’s responsibilities to President for Homeland Security and Senator’s question. The fact is, as I direct the employment of our Armed Forces. Counterterrorism, said: mentioned earlier in my comments, we It would also interfere with the ad- There is no modern precedent for Congress have used the National Guard in an un- ministration’s comprehensive border to direct the President to deploy troops in precedented way. They have been security plan. the manner sought by that amendment. called for deployment abroad, both in Mr. DURBIN. Will the Senator yield Mr. DURBIN. If the Senator will fur- Iraq and Afghanistan, and elsewhere in for a question? ther yield for a question, it would unprecedented numbers. The stress we

VerDate Mar 15 2010 02:45 May 27, 2010 Jkt 089060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G26MY6.058 S26MYPT1 smartinez on DSKB9S0YB1PROD with SENATE S4432 CONGRESSIONAL RECORD — SENATE May 26, 2010 have created on the force by virtue of 1994 right after he graduated from the It is here today on the Senate floor these two continuing engagements, as University of Wyoming. He came to that I say: Thank you, Shawn. Thank well as any other national emergency work as an intern for Senator Al Simp- you for your service to the Senate, to that might occur, is incredibly chal- son. Later he joined Senator Thomas’s the country and, most importantly, to lenging. It is real challenging to those staff and filled just about every role, the people of Wyoming. I wish you well forces. My view is the Senator is right. every position that a congressional of- in all you do. Mr. President, I yield the floor. fice can have. He was actually a recep- Mr. President, I yield the floor. The PRESIDING OFFICER. The Sen- tionist. He was a press intern. He was a Mr. INOUYE. Mr. President, I suggest ator from Wyoming. staff assistant. He was legislative cor- the absence of a quorum. Mr. BARRASSO. Mr. President, I ask respondent, legislative assistant, sen- The PRESIDING OFFICER. The unanimous consent to speak as in ior legislative assistant, legislative di- clerk will call the roll. morning business for up to 10 minutes. rector, and finally chief of staff. The bill clerk proceeded to call the The PRESIDING OFFICER. Without It is the example of Shawn’s career roll. objection, it is so ordered. path that defines the character of who Mr. LEMIEUX. Mr. President, I ask Mr. MCCAIN. Mr. President, may I he is. He completed every task, what- unanimous consent that the order for engage in a colloquy with my friend ever was asked of him, equally well. He the quorum call be rescinded. from Wyoming for 1 minute? brought enthusiasm, smarts, and good The PRESIDING OFFICER (Mr. Mr. BARRASSO. Yes. humor to every job from the front desk WHITEHOUSE). Without objection, it is Mr. MCCAIN. I understand the Sen- to the corner office. so ordered. ator from Illinois was talking about It is his willingness to do whatever is Mr. LEMIEUX. Mr. President, I ask Arizona and the border. I wonder if the needed and to take on any task. That is unanimous consent to speak as in Senator from Illinois has ever been to what makes him so valuable and such a morning business. the Arizona border. He has? great friend. The PRESIDING OFFICER. Without Mr. DURBIN. Is that a question to Shawn was truly tested. In June of objection, it is so ordered. me? 2007, Wyoming lost a great friend when GULF OILSPILL Mr. MCCAIN. Yes. we lost Senator Craig Thomas. As some Mr. DURBIN. I don’t know if it is Mr. LEMIEUX. Mr. President, I come of my colleagues know, after Senator to the floor today to talk about an proper. But, yes, I have been to Nogales Thomas’s passing, Shawn led the staff and both sides of the border. issue that is of great concern to my alone. He kept them together in serv- State of Florida, as well as to all the Mr. MCCAIN. It is pronounced ing the people of Wyoming, even while Nogales. Gulf States—in fact, to the entire the Senate seat remained empty. United States of America—and that is Mr. DURBIN. Yes, I have been there, In the face of this extraordinary on both sides of the border. You are al- this ongoing spill disaster in the Gulf challenge, at a time of great sorrow for of Mexico. ways welcome to come to Illinois, too. our State, Shawn continued to lead. Mr. MCCAIN. And I have been there It has been a month since the time Despite his own sorrow and his own this spill started, and the oil continues many times. It is obvious the Senator grieving, he led others. Shawn showed from Illinois, even though he has been to flow out of the bottom of the Gulf of grace and confidence through it all. Mexico at a rate that has not yet been there, has no conception of what the Perhaps it was his early years work- determined but appears to be thou- people who live in southern Arizona are ing the family ranch outside Laramie, sands of gallons a day. We see those suffering under with hundreds of thou- WY, that made him so tough. It is his pictures on television now of the flow, sands of illegal immigrants and human sense of duty, once again doing the job and despite the efforts to siphon off smugglers and drug smuggling going that needed to be done and completing some of that oil, more and more enters through our State. the task, any task that was required. I am glad he is such an expert—he It was my good fortune to inherit the Gulf of Mexico. It does so despite and the Senator from New Jersey—on Shawn Whitman. We hardly knew each attempts by British Petroleum and the issue of the terrible problems that other when I was sworn into the Sen- others in the unified command to stop afflict our State and our need to try to ate. It did not take me long to under- this flow of oil. get our borders secure, which every cit- stand his value and to appreciate— We are now on the fourth or fifth pos- izen has the right to expect. fully appreciate—his indispensable sible solution to cap the well. In fact, I thank my colleague for yielding. leadership. they are going to try to cap the well TRIBUTE TO SHAWN WHITMAN President Eisenhower once talked tonight. I believe, as we get on to each Mr. BARRASSO. Mr. President, it is about the many jobs he had throughout of these solutions, they are less and with great pride as well as regret that his private career, his military career, less likely to succeed. So as ADM Thad I rise today in the Senate to recognize and finally as President. He said his Allen, who is the incident commander, a great son of the State of Wyoming. goal was, whenever he was leaving a the admiral in charge of the Coast He is my chief of staff, Shawn Whit- job, the people there were sorry to see Guard, told us at his briefing just 2 man. He joins me today on the Senate him go. Shawn Whitman personifies days ago, we are unlikely to see this oil floor. Shawn is leaving the Senate this that. Everyone in our office—every- stop spilling into the gulf until the re- month after a consummate career one—is sorry to see him go. All who lief wells are drilled, and fully drilled, working for our State and for our coun- have had the pleasure and the privilege which could be as late as August. It try. to know Shawn Whitman in the Senate could be later. What does that mean? Many in the Senate know Shawn. To will miss him as he starts a new chap- That means this oilspill, which is now know him is to like him. He was the ter in his life. stretching over miles and miles in the chief of staff for our late Senator Craig Shawn leaves the Senate with a won- gulf, is only going to get bigger. What Thomas. For nearly 3 years, he has derful reputation—a reputation for in- we see on the surface may not be the continued in that role serving me. In tegrity and a reputation for leadership, extent of the spill. The plume of oil un- all of that time, he has demonstrated and not just for Wyoming but for the derneath may be far worse. what it means to be a loyal and trusted entire Senate, as Shawn led not just In the wake of this tragedy, I sent a adviser, a superior manager, and a ter- my office, but he also led the organiza- letter to British Petroleum’s CEO, rific friend. tion of the Senate chiefs of staff. He Tony Hayward, and I requested that BP I know that all in the Senate will was the chief of all the chiefs. set aside $1 billion so that the five Gulf want to join me in wishing Shawn well Shawn has been a trusted adviser, States would have that money avail- and to thank his wife Kristen and his manager, a confidante, and a friend to able today to help stop the oil from two daughters, Lauren and Katherine, me and to my wife Bobbi. His service reaching our shores and to mitigate for sharing their dad with us. All of us has been invaluable. the damage once it did. The response I are sorry to see him go, and we will While I am losing a very important received in a letter yesterday, although miss him. member of my staff, I know I will not it wasn’t this emphatic, was no. Shawn has actually served three dif- be losing his friendship, his advice, and They have given some money to the ferent Wyoming Senators. He began in his counsel for the future. Gulf States. My home State of Florida

VerDate Mar 15 2010 01:34 May 27, 2010 Jkt 089060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G26MY6.059 S26MYPT1 smartinez on DSKB9S0YB1PROD with SENATE May 26, 2010 CONGRESSIONAL RECORD — SENATE S4433 has received about $50 million, which is sent that it be brought up. It has been vast plume and expansion of oil over appreciated, but it is not going to be objected to, and I understand the rea- the Gulf of Mexico. We might have near enough if and when this oil comes sons why. Senator VITTER has offered been able to stop the oil from washing ashore in Florida. Where will the oil up his and my proposal. It has been ob- ashore in Louisiana and potentially come ashore? Will it be in the pan- jected to by Democrats. washing ashore in Texas, Mississippi, handle or western Florida? Will it be in We should be able to get past this and Florida. Tampa Bay? Naples? Will it get into and figure out a solution. We believe Why do you have to burn early? You the Loop Current and go into the Flor- our proposal is better. We believe it is have to burn early, as was explained to ida Keys, the Florida Bay, Ten Thou- better because if you set it at $10 bil- me by the Coast Guard when, about 2 sand Islands, and run up the eastern lion, you are only going to allow two or weeks ago, I flew over the wellhead and side of the United States, up past three oil companies in the world to saw the oil and the tar floating on the Miami, Fort Lauderdale, or Palm exist. You will potentially put all the top of the Gulf of Mexico, you have to Beach? We just don’t know. But if and rest out of business. Under our pro- burn early because if the oil mixes with when this oil does come ashore in Flor- posal, more than $10 billion will be re- the water it loses its ability to be flam- ida, it will be a disaster. Right now, it covered from BP for this incident and mable. So the plan, if this report from is not there, as far as we know. Right still let other companies participate. the Mobile Register is right, was cor- now, those beaches are still pristine. Plus, by having the claims process go rect that you have to burn imme- Right now, we continue to welcome forward now, we could get relief to peo- diately in order to have the largest ef- people to Florida to come and visit, to ple who need it. fect. come and fish and do all the things I think it is a better proposal. But The plan called for multiple fire they would normally do on vacation. that is a question worthy of debate, booms. This is the booming, the mate- Florida is open for business. But we and we should be able to come to con- rial that you see that, hopefully, keeps cannot sit around and wait for the oil sensus on that and not have a partisan the oil from spilling onto our shores. to come. play on it. There is also something called fire I am very concerned not only about I want to talk a minute about the booming or fire booms, which is what the failure of British Petroleum to stop Minerals Management Service. These you put around the area you are burn- this oil from leaking, but I am con- are the folks within the Department of ing in order to contain the fire. The cerned at the efforts that have been the Interior who are charged with over- plan called for multiple fire booms to taken by this administration. I don’t seeing drilling. By anybody’s account, be available and deployed to deal with mean to say this in a partisan way be- what they have done is a failure. We a spill of this magnitude. But Federal cause it could have been another ad- see the administration is now breaking officials instead had no booms on hand ministration that was on watch when them up into two separate units under and had to go out and locate fire booms this happened, and certainly the prob- the Department of the Interior. That in the private sector, purchase it, and lems we have go back beyond the time may be fine going forward, but let’s then transport it to the gulf region. of this administration. But I think it is look back. Mr. Gouget, who is the former oil re- fair to say, having looked at this now A report recently released by the in- sponse coordinator, believes that 95 for a month’s time, that where we are spector general of the Department of percent of the oil could have been cap- today is not acceptable. It is not ac- the Interior suggests a culture of cor- tured through the timely executed ceptable that oil is washing up on the ruption littered with several shocking burning. shore, on the beaches of Louisiana and conflicts of interest and professional I know there were weather condi- into their marshes. That is not accept- malfeasance at the Minerals Manage- tions, but if that problem had been able. That is a failure—a failure of the ment Service. jumped on right away perhaps we administration, a failure of our govern- Among the findings, the report sug- would not see oil in the marshes of ment, a failure of British Petroleum. gests the employees regularly accepted Louisiana. Perhaps we would not see And I don’t want to be there when the gifts from those they were charged to oil on the beaches of Louisiana. Per- oil washes up on the shore in Mis- oversee; that there was a revolving haps we would not see what may even- sissippi, Alabama, in Florida, or Texas, door of employment in which regu- tually come, which is oil on the beach- for that matter. lators took jobs in the oil industry The question I have is, What is the es of other States in the gulf, including plan? What is the plan of our govern- over which they had previously held Florida. Being from Florida, I have had the ment, since British Petroleum can’t regulatory authority; and it even sug- opportunity to be around some very solve this problem on its own? What is gests the oil industry officials were al- good leaders in times of emergencies— the plan to stop the oil from coming lowed to fill out safety oversight forms ashore? What are we doing now besides in pencil only to have the MMS em- Governor Jeb Bush, Governor Charlie relying upon British Petroleum to drill ployees trace over them in pen. This is Crist, people I worked with when we these relief wells? not acceptable, to say the least. There had hurricanes and tornadoes and There have been proposals that have is an apparent and obvious lack of other natural disasters. We know some- come to the floor offered by my col- oversight. thing about this in Florida. The lesson league from New Jersey and my col- It would seem that the response to of these disasters is this: You have to league from Florida and others on the the spill itself certainly should have respond to them immediately with Democratic side to set up $10 billion— been more effective. I want to point overwhelming resources. You may to raise the cap on compensation this Chamber to an April 29, 2010, story over-respond, as hindsight will show claims from the current law, which by the Mobile Press-Register where it you, because the disaster may not turn only allows for $75 million. Senators says that Federal officials, including out to be much of a disaster. But that VITTER, myself, MURKOWSKI, and others former NOAA oil response coordina- is a cost worth incurring. have a similar but different bill that tors, had a 1994 plan to respond to oil- What you should not do is fail to re- would have an expedited compensation spills in the Gulf of Mexico, such as the spond quickly and let the disaster get process which would not go to a $10 bil- one we are experiencing today. The out of control. Small problems become lion cap but, instead, look to the prof- former NOAA oilspill response coordi- big problems. That certainly seems to its of the company, which in this case nator, Ron Gouget, has said a plan was be the case here. We are going to learn would move the cap up to about $20 bil- in place to immediately begin—in situ, more over time about what happened lion. which is a fancy word for in place or on with MMS and the Department of the A lot of times partisanship rules the location—oil burning. Yet it took more Interior and what happened with Brit- day in the Senate. This should not be than 1 week for officials to conduct a ish Petroleum and Transocean. But one of them. Our differences are not so test burn. right now it seems pretty apparent this great that we should not be able to Why is that important? If there were Federal Government and British Petro- bridge them and come to a resolution. a plan that was in place to burn the oil leum were not properly prepared be- Senator MENENDEZ has offered his as soon as it came out of the wellhead, cause there is an outcome we have to amendment and asked unanimous con- we might have been able to stop this evaluate. If the oil is washing ashore,

VerDate Mar 15 2010 01:34 May 27, 2010 Jkt 089060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G26MY6.061 S26MYPT1 smartinez on DSKB9S0YB1PROD with SENATE S4434 CONGRESSIONAL RECORD — SENATE May 26, 2010 we have failed. The government has Although the bulk of those funds are The poorest of Haiti’s poor are the failed and BP has failed. to address the immediate needs of shel- hardest hit. Just over a third of Haiti’s Frankly, I am concerned that we are ter, health care, agriculture and food poorest 20 percent were enrolled in pri- not reacting to this disaster in a way security, and governance, several Sen- mary schools, compared to 80 percent that we should. We are not giving it ators, particularly Senator LANDRIEU of the country’s wealthiest. the proper response it deserves. and Senator GILLIBRAND, have rightly Of those enrolled, many graduate I have heard this disaster called a pointed out that half of Haiti’s chil- late or never at all because they can’t slow-moving Katrina, and I think that dren are not in school and the country afford school fees, uniforms, or books is right. But just because it moves suffers from an extremely high rate of or because of late enrollment or poor slowly doesn’t mean the Federal Gov- illiteracy and a tiny fraction of the quality education. ernment should. Everything must be trained professionals it needs. There is Around 80 percent of children were done now. I know there are good people a dire need for school construction and still enrolled in primary school at the working on this. I have tremendous re- equipment, teacher training, and other age of 13, beyond the age they should spect for Admiral Allen of the Coast education assistance for Haiti’s chil- have started secondary school. Guard. The Coast Guard does excep- dren as well as high school, vocational, Of the schools that were standing, tional work. But this is a results-ori- college and graduate students. Haiti’s the earthquakes caused an astounding ented issue. If the oil is washing future depends on an educated work- $1⁄2 billion worth of damage. ashore, then the Federal Government force, and the earthquake has focused We know that good opportunities in and BP have failed. Before the oil attention on this need as the country education lead to a strong national washes ashore in Texas or Mississippi struggles to recover from this latest economy. But these alarming statistics or Alabama or Florida, everything catastrophe. show just how bleak the state of edu- should be done that can be done to stop For this reason, the bill includes up cation is in Haiti. it. I don’t have the feeling that is what to $10 million for education programs If Haiti is ever going to rebuild and if is being done. which the Appropriations Committee these children are ever going to have a I will continue to come to the Senate included even though it was not in the chance at success, Haiti needs a strong floor to talk about this issue as time President’s request. This is admittedly public school system to help lead the goes on. I am urging the President of only a small amount to begin to ad- way. A strong public school system can the United States to give this the focus dress Haiti’s education needs. Fortu- be the foundation of each community, and attention it deserves. There is no nately other donors, including the providing a broad range of resources more important problem facing us in Inter-American Development Bank and for children and families—from health the short term than this oilspill. Canada, are expected to provide signifi- clinics and immunizations, to literacy My home State of Florida right now cantly more funds. education, job training, and nutrition. is suffering through the worst reces- Haiti will require international as- It has been truly humbling and in- sion we have had in anybody’s memory. sistance for years to come. I hope that spiring to watch the outpouring of sup- Unemployment is 12 percent. We are ei- in future budget requests the adminis- port from America and across the globe ther No. 1 or No. 2 in terms of the most tration will include substantially more coming to Haiti’s relief. I support mortgage foreclosures in the country. resources to combat illiteracy and President Obama’s request for the Our business has come to a grinding train Haiti’s future workforce, because emergency supplemental this year to halt. While there are signs of opti- over the long term it would be hard to fund relief and redevelopment in Haiti. mism, while we see things getting bet- think of a better investment in that I applaud Chairman LEAHY and my ter in some sectors, and we have to re- country. dear friend Senator LANDRIEU’s work to Mrs. GILLIBRAND. Mr. President, I main hopeful—and Florida, we know, include funding for Haiti’s education in wish today to speak about my grave will succeed—this is a very difficult this bill. These have all been lifesaving concern for the children of Haiti. Last time. first steps. But we can’t stop now. It is month, Senator LANDRIEU and I trav- If this oil comes ashore—and, thank time now to direct our efforts to Hai- eled to Haiti, where we met with Presi- God, it has not so far—but if and when ti’s education system. dent Preval and First Lady Elisabeth it does, it is not only going to have a The Inter-American Development Delatour Preval. We heard firsthand disastrous impact on our environment Bank, together with the Government of from the President and First Lady that and potentially impact 1,000 miles of Haiti, has estimated that it would take if they are ever going to rebuild their coastline in Florida, but it is going to $2 billion over 5 years to set up Haiti’s nation, their children need better ac- impact our economy. Florida welcomes education sector. cess to publicly funded quality edu- more than 80 million tourists a year. I strongly encourage President cation. Obama and Secretary Clinton to make They come to Florida for a lot of rea- As everyone knows, Haiti faced in- sons, but one of the reasons they come a high-quality public school system a credible challenges even before the dev- top priority in our relief efforts for is for our beautiful beaches, some of astating earthquake. As a result, chil- the most beautiful beaches in the Haiti—and begin building schools that dren who were already facing almost can save lives, create real opportuni- world, especially in the Florida Pan- insurmountable odds are now all the handle. If that oil comes ashore, it is ties for the children of Haiti to suc- more desperate. ceed, and lay the foundation for a Haiti going to be devastating to our econ- I believe we have a duty to answer rebuilt. omy. the call of Haiti’s children today, de- That is not good for Florida. It is not liver the relief they need, and help put VETTING PROCEDURES good for America. This crisis demands them on a path toward the quality edu- Mr. LEAHY. Mr. President, I note a sense of urgency that it has not re- cation they deserve. that on page 16 of the supplemental ap- ceived, in my humble opinion, up until Even before the earthquake, only propriations bill, H.R. 4899, under the now. I call upon this administration to half of Haiti’s children attended school heading ‘‘Afghanistan Security Forces put forth every effort and to tell us at all. The country has almost no pub- Fund’’ and on page 17 under the head- what the plan is to stop this oil from lic school system. In fact, nearly 90 ing ‘‘Iraq Security Forces Fund,’’ coming ashore in States such as Flor- percent of the schools in Haiti’s edu- which appropriate funds for training, ida. cation system were funded and run by equipment, and other assistance for I yield the floor. nonpublic operators. these foreign security forces, there is Mr. LEAHY. Mr. President, H.R. 4899, No other country in the world faces language that makes these funds avail- the fiscal year 2010 supplemental ap- the kinds of challenges faced today by able ‘‘notwithstanding any other provi- propriations bill, provides the funds re- Haiti’s education system: sion of law.’’ I would ask my friend, the quested by the President for emergency An overwhelming majority of Haiti’s chairman of the Appropriations Com- assistance for Haiti related to the Jan- school-age children live in the coun- mittee and of the Defense Appropria- uary 12 earthquake. In fact it provides try’s rural areas, but less than a quar- tions Subcommittee, whether I am cor- approximately $25 million more than ter of children in rural Haiti are actu- rect that this ‘‘notwithstanding’’ lan- the request. ally enrolled in school. guage is not intended to apply to the

VerDate Mar 15 2010 02:45 May 27, 2010 Jkt 089060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G26MY6.062 S26MYPT1 smartinez on DSKB9S0YB1PROD with SENATE May 26, 2010 CONGRESSIONAL RECORD — SENATE S4435 ‘‘Leahy’’ vetting procedures which are a vote in relation thereto, with 5 min- Mr. WYDEN. Further reserving the designed to ensure that foreign secu- utes each under the control of Senators right to object—and I will be brief—I rity forces that receive U.S. assistance FEINGOLD, COBURN, and INOUYE or their thank the leader, the distinguished have not been credibly alleged to have designees; that no amendments be in Senator from Nevada. His desire to fi- committed violations of human rights. order to these amendments prior to the nally end secret holds is clear. All Mr. INOUYE. I would say to my votes; that upon the use or yielding Americans should understand that the friend from Vermont that is correct, back of time, the Senate then proceed Senator from Nevada has worked very we intend those vetting procedures to to vote in relation to the amendments closely with Senator GRASSLEY and me apply to these funds. in the order listed; provided further on this. I appreciate the Senator’s I suggest the absence of a quorum. that the pending committee-reported statement tonight that he will try to The PRESIDING OFFICER. The substitute amendment not be subject get an up-or-down vote on this matter clerk will call the roll. to any rule XVI point of order; and before the end of the next work period. The assistant editor of the Daily Di- that upon disposition of these amend- With that, I withdraw my reserva- gest proceeded to call the roll. ments, the Senate then proceed to vote tion. Mr. REID. I ask unanimous consent on the motion to invoke cloture on the The PRESIDING OFFICER (Mr. that the order for the quorum call be committee-reported substitute amend- BEGICH). Is there objection? rescinded. ment. The Senator from Oregon. The PRESIDING OFFICER. Without The PRESIDING OFFICER. Is there Mr. MERKLEY. Mr. President, re- objection, it is so ordered. objection? serving the right to object, can I ask Mr. REID. Mr. President, first, there Mr. WYDEN. Reserving the right to for a clarification if this would prevent will be no more votes today if we get object, I would like to ask the leader if a pathway through which my amend- this agreement worked out. I appre- he would be willing to modify his re- ment No. 4251 might be considered? ciate everyone’s patience. We have quest this evening to include the bipar- Mr. REID. It would prevent a path- worked long and hard to arrive at this tisan amendment No. 4183 that would way, yes. point. It is never easy, as we have ex- once and for all eliminate secret holds Mr. MERKLEY. Reserving the right plained on a number of occasions, but here in the Senate. to object, this is an amendment that we are fortunate with this bill to have Senator GRASSLEY and I, as part of a addresses the terrible drought we have two veterans of the Senate, two of the large, bipartisan group, have come to in southern Oregon. Of course, we are best Senators who would possibly work the floor of the Senate again and again addressing many natural disasters, and a bill. We are fortunate that Senator simply seeking to abolish secrecy, not we have a natural disaster, a federally INOUYE and Senator COCHRAN are man- holds, in the way business is done in declared natural disaster in Oregon, in aging this bill. They are both gentle- the Senate. These secret holds are an which we have been seeking to have a men, and they have the best interests indefensible violation of the public’s conversation about spending $10 mil- of the country at heart in everything right to know. lion on the front end of what is a ter- we do here. I ask the leader at this time if he rible situation: the worst drought in I ask unanimous consent that on would be willing to modify his request recorded history of the Klamath Basin, Thursday, May 27, after any leader to include this bipartisan amendment with 1,400 farming families and 200,000 time, the Senate resume consideration No. 4183 to finally eliminate secret acres affected. of H.R. 4899 and resume consideration holds in the Senate? I was seeking the opportunity to of the following amendments in the Mr. REID. I appreciate the exemplary have a discussion and a vote on this order listed: McCain No. 4214; Kyl No. work of my friend from Oregon. I, of which, in consultation with the com- 4288, second degree, as modified; course, would accept the modification, mittee, the esteemed Chair and his Cornyn No. 4202, as modified and but my accepting the modification team had suggested a pathway. It amended, if amended; and that the would take the concurrence of the Re- would mean a tremendous amount to Cornyn amendment be further modified publicans. the families in trouble to have their with the changes at the desk; that Mr. COCHRAN. Reserving the right disaster considered while we are ad- there be a total of 20 minutes for de- to object, I am constrained to advise dressing other national disasters. This bate, with the time divided 5 minutes the leader and the Senator from Or- is the moment. This is the moment each for Senators MCCAIN, KYL, egon that on behalf of the Senator when we can still have an impact, CORNYN, and SCHUMER or their des- from South Carolina, Mr. DEMINT, I through land idling and the pumping of ignees, with respect to the border secu- would be forced to object to that. water, to save families’ financial foun- rity-related amendments; that after Mr. WYDEN. Further reserving the dations and, for a few families, through the first vote in the sequence, the suc- right to object, I would inquire at this the pumping of water, to save their ceeding votes be limited to 10 minutes point of the majority leader—and I ap- farming season. each; that after the first vote, there be preciate the graciousness of the leader If my colleagues on both sides of the 2 minutes equally divided in the usual and Senator COCHRAN as well—if he aisle would be amenable, I would cer- form prior to the succeeding votes; would agree to a consent agreement tainly ask this request be amended to that no amendment be in order to the this evening that would provide for the allow a debate and a vote on amend- amendments covered in this agreement consideration of a bipartisan resolution ment No. 4251. other than as identified in this agree- eliminating secret holds at a later Mr. REID. Mr. President, I appreciate ment; that if a budget point of order is point but prior to the July 4 recess and the good will of my friend from Oregon. raised against the border security that that debate be limited to 2 hours, I would be happy to work with my amendments, then a motion to waive a with no amendments in order to the friend. But at this stage, as the Sen- budget point of order be considered resolution, and that upon the use or ator understands, this is two pieces of made and the Senate then proceed to yielding back of the time, the Senate legislation we got from the President— vote on the motion to waive the appli- would then proceed to vote adoption of one dealing with emergencies. FEMA is cable budget point of order; that if the the resolution? out of money, totally out of money. waivers are successful, then the amend- Mr. REID. I say to my friend, he This will replenish the money. And ments be agreed to and the motion to knows how much I support his efforts. there will be opportunities for FEMA, reconsider be laid on the table; that if But I haven’t had the opportunity to when we do this, to have the ability to the waivers fail, then the amendments speak to Senator MCCONNELL. It do some things such as helping the be withdrawn; that upon disposition of wouldn’t be appropriate for me to agree State of Oregon and other problems. the above-referenced amendments, the to something without consulting with As we all know, there is going to Senate then consider the Feingold him. I can’t consult with him now. I have to be some work done with the amendment No. 4204 and the Coburn will do everything within my abilities gulf. So I will be happy to work with amendments Nos. 4231, as modified, and here to work this out so that prior to my friend in any way I can, but I think 4232, and that they be debated concur- the end of our next work period, we at this stage this bill has been through rently for a total of 15 minutes prior to will get this done. a lot already. Not only do we have the

VerDate Mar 15 2010 01:46 May 27, 2010 Jkt 089060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G26MY6.051 S26MYPT1 smartinez on DSKB9S0YB1PROD with SENATE S4436 CONGRESSIONAL RECORD — SENATE May 26, 2010 emergencies dealing with the normal business. I will be speaking on the sup- find a way to pay for these programs emergencies that come about as a re- plemental bill, however. without spending money we do not sult of floods, fires, and all this, we The PRESIDING OFFICER. Without have and do not intend to pay back. also have the troops who have to be objection, it is so ordered. There is no plan to pay back. taken care of. We must get this done. Mr. ENZI. Mr. President, I rise to ex- I want to make very clear my strong We are running out of money there. press my opposition to the fiscal year support for our Nation’s veterans and If the Senator wishes to modify the 2010 Supplemental Appropriations Act. the current members of our Armed amendment, I, of course, have no objec- It represents what is reprehensible Forces and the vital work they are tion there. I will work with the Sen- about the conduct of the Federal Gov- doing in the world every day. I have ator to try to find some pathway to do ernment: unchecked, unpaid for, deficit the greatest admiration for today’s this. A modification is fine. But I want spending. After a trillion dollar ‘‘stim- service members and veterans for their to make sure the Senator understands ulus,’’ a trillion dollar health care bill, commitment to preserving our free- that at this stage we will have to try to and huge increases in the budgets of doms and maintaining our national se- figure out something separate and the bureaucracy, Americans are fed up curity. I must question, however, using apart from this consent request. with Congress’s out-of-control spend- their sacrifices to justify irresponsible Mr. MERKLEY. Reserving the right ing. Our constituents have had enough, spending by this Congress. to object—I thank the leader—it is and they have asked us to rein in Congress must pass this bill to keep very hard for me to go and explain to spending. Unfortunately, rather than the necessary resources going to our folks in Oregon we have calamities in listen to their cries, we have another military. America has deployed our other parts of the country being ad- appropriations bill that represents the young men and women to defend our dressed and this one is not. I would same old, same old. Nation’s interests, and they deserve no greatly appreciate the unanimous con- Of the nearly $59 billion of spending less than having the funding and equip- sent to modify my amendment. I do un- in this bill, all but $103 million is des- ment necessary to carry out their mis- derstand from what the Senator has ignated ‘‘emergency’’ spending. What sions. But some in Congress do not see said there is probably not a pathway to does ‘‘emergency’’ spending actually this as just about the military. They have it considered. But I would appre- mean, and what are these emergencies see it as an opportunity to add their ciate the Senator’s support and my col- the Nation is facing? pet programs to the shoulders of our leagues’ support from Mississippi to Emergency spending means deficit Armed Forces. No one wants to leave try to—there should be no party line spending. It means we are spending our military operations unfunded, so when it comes to addressing a federally money that we as a nation do not have. our military needs are being used to le- declared disaster. An emergency designation relieves verage support for nonemergency, def- Mr. REID. I would say to my friend, Congress of the burden and the respon- icit spending. most of the things that are listed here sibility of coming up with ways to pay To be fair, the Appropriations Com- emergencywise—they are not coming for the spending. We are continuing to mittee found some offsets for the to Democratic States. We have had make purchases on the taxpayer’s cred- spending in this bill. Unfortunately, these acts of God in most instances it card, knowing full well we have no the offsets only account for .17 of 1 per- that happen where they happen. We plans to pay back the loan. We have al- cent of the total cost of the bill—not have two Senators from Tennessee, and ready maxed out the credit card. The even a quarter of a percent of the cost this has nothing to do with partisan- company just has not found out yet. of the bill: .17 of 1 percent of the bill. ship. But I am committed to help my Some programs under this bill may You would think we could at least hit friend from Oregon. We have other be considered true emergencies. There the 1-percent mark. Mr. President, .17 problems similar to that in Oregon, are unforeseen disasters, such as flood- percent is all that is offset in this bill. and I would be happy to work with the ing and oilspills. But there are also dis- That is wrong. distinguished Senator from Oregon, asters that occurred years ago that Senator COBURN and Senator MCCAIN who is always very reasonable. I will do would receive funding under this legis- have offered amendments that would what I can to work with the Senator lation. Funding may be needed for offset or pay for the larger costs of this and Senator WYDEN to make sure we those programs, but the lack of funding legislation. Tomorrow morning we will take care of Oregon. was certainly not unexpected and get to vote on those, and I hope we will Mr. MERKLEY. I very much, thank should have been in last year’s and this take them into consideration and make the leader. year’s regular budget and appropria- sure this is paid for. I hope all my col- The PRESIDING OFFICER. Is there tions process. But appropriations and leagues will take a look at those objection to the original request of the budgeting have been so disfigured, con- amendments. majority leader? torted, abused, and ignored by law- The funding cut proposals are reason- Without objection, it is so ordered. makers in recent years that the system able. They are well thought out. They The Senator from Oregon. is broken, and you have a series of om- are ideas that will help us responsibly Mr. MERKLEY. Mr. President, I ask nibus and ‘‘emergency’’ or supple- address the serious spending problems unanimous consent to modify my mental bills. It is not the way to do it. this Congress has. It is time for Con- amendment, amendment No. 4251. Even in the writeup of this legisla- gress to step up and start making the The PRESIDING OFFICER. Is there tion, the Senate Appropriations Com- hard decisions of prioritizing Federal objection to modifying the submitted mittee noted that the $5.1 billion for spending. amendment? the FEMA Disaster Relief Fund is nec- The American people have made it Without objection, the amendment is essary to pay for known costs for past clear that Congress needs to be fiscally modified. disasters, such as Hurricanes Katrina, responsible. They have made it clear Mr. MERKLEY. I thank the Chair. Rita, Ike, and Gustav, the Midwest they do not support our spending bil- Mr. REID. Mr. President, I suggest floods of 2008, and the California lions of taxpayer dollars with little or the absence of a quorum. wildfires, as well as needs that emerge no debate. We have been asking Ameri- The PRESIDING OFFICER. The with new disasters. cans to tighten their spending belts clerk will call the roll. The bill also provides $13.4 billion in and take responsibility for their per- The assistant legislative clerk pro- mandatory funding for the Department sonal debt. It is about time the rep- ceeded to call the roll. of Veterans Affairs for disability com- resentatives of the people do the same. Mr. ENZI. Mr. President, I ask unani- pensation to Vietnam veterans to im- In April 2009, when making an emer- mous consent that the order for the plement a recent decision by the VA to gency supplemental appropriations re- quorum call be rescinded. expand the number of illnesses pre- quest, President Obama said: The PRESIDING OFFICER. Without sumed to be related to exposure to We should not label military costs as emer- objection, it is so ordered. Agent Orange. There is no doubt Viet- gency funds so as to avoid our responsibility Mr. ENZI. Mr. President, I ask unani- nam veterans exposed to Agent Orange to abide by the spending limitations set mous consent that I be allowed to should be properly compensated, but forth by the Congress. After years of budget speak for 10 minutes as in morning Congress and the administration must gimmicks and wasteful spending, it is time

VerDate Mar 15 2010 01:46 May 27, 2010 Jkt 089060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G26MY6.074 S26MYPT1 smartinez on DSKB9S0YB1PROD with SENATE May 26, 2010 CONGRESSIONAL RECORD — SENATE S4437 to end the era of irresponsibility in Wash- pected terrorist and the Attorney Gen- NATIONAL MENTAL HEALTH ington. eral has a reasonable belief that the AWARENESS MONTH End of quote by the President. purchaser may use the firearm in con- Mr. JOHNSON. Mr. President, I rise I could not agree more. Congress and nection with terrorism. today in recognition of National Men- the administration need to find a bet- Law enforcement should have the au- tal Health Awareness Month to fight ter way to fund current military oper- thority to block the purchase of a fire- the stigma associated with mental ill- ations. Most of these funds are ex- arm by a known or suspected terrorist. ness that discourages people from seek- pected and should be addressed in the Giving them that authority is simply ing help and raise awareness of dispari- regular budget process. common sense and has support across ties in access to mental health serv- Again, I want to provide our troops the political spectrum. At the May 5 ices. with the funding and the resources hearing, New York City Mayor Michael The National Institute of Mental they need to be successful as they work Bloomberg expressed his support, and Health estimates that while only 6 per- to protect America. I do not, however, that of the other 500 American mayors cent of Americans suffer from a serious want the brave men and women of the who are members of the bipartisan coa- mental illness, over a quarter of adults Armed Forces nor the families of lition Mayors Against Illegal Guns, for suffer from a diagnosable mental dis- America who have been truly impacted passing S. 1317. Mayor Bloomberg fo- order in a given year. These illnesses— by unforeseen disasters to be used as cused on data recently released by the depression, bipolar disorder, anxiety, justification for unchecked and, in U.S. Government Accountability Office phobias, personality and body image some cases, unrelated spending. showing that between 2004 and 2010, in- disorders, and substance addictions— The men and women of our armed dividuals on the terrorist watch list are real diseases with proven treat- services deserve better than this spend- were able to purchase firearms and ex- ments. ing bill. The people of the United plosives from licensed dealers 1,119 Mental health determines how we States deserve better. times. I agree with Mayor Bloomberg’s make decisions, handle stress, and re- I yield the floor. testimony that this data represents a late to others, consequently affecting I suggest the absence of a quorum. serious threat to our national security our relationships with our families, our The PRESIDING OFFICER. The and that Congress needs to act to ad- colleagues, and our communities. Nor- clerk will call the roll. dress it. mally defined as how one thinks, feels, behaves, and copes, mental health is as The assistant legislative clerk pro- Representative PETER KING, ranking integral to our well-being as our phys- ceeded to call the roll. member of the House Homeland Secu- ical health. However, mental health Mr. DURBIN. Mr. President, I ask rity Committee, also appeared at the disorders are chronically under- unanimous consent that the order for hearing and spoke about legislation the quorum call be rescinded. diagnosed and undertreated. similar to S. 1317 that he introduced in While public education and aware- The PRESIDING OFFICER. Without the House. Congressman KING men- ness campaigns can go a long way in objection, it is so ordered. tioned that his bill has Republican and addressing the stigma associated with f Democratic cosponsors and would have mental health disorders, improved ac- MORNING BUSINESS a positive impact on law enforcement cess to high-quality mental health care agencies across the country, high- should be a national priority. Unfortu- Mr. DURBIN. Mr. President, I ask lighting the support of the Inter- nately, access to mental health serv- unanimous consent that the Senate national Associations of Chiefs of Po- ices is often more disparate than access proceed to a period of morning busi- lice. to medical care, particularly in rural ness, with Senators permitted to speak Closing the ‘‘terror gap’’ also is sup- areas. Rural States like South Dakota for up to 10 minutes each. ported by an overwhelming majority of have long struggled to recruit and re- The PRESIDING OFFICER. Without American gun owners. In December tain an adequate mental health work- objection, it is so ordered. 2009, pollster Frank Luntz conducted a force to meet the needs of their citi- f poll showing that 82 percent of NRA zens. I am pleased the new health re- TERRORISTS AND GUNS members and 86 percent of non-NRA form law will increase investments in gun owners favored a proposal to pre- the health care workforce, including Mr. LEVIN. Mr. President, earlier vent individuals listed on a terrorist mental health providers. Increased ac- this month, the Senate Homeland Se- watch list from purchasing firearms. cess to adequate and meaningful health curity and Governmental Affairs Com- Closing the loophole in Federal law insurance coverage has also been ad- mittee held a hearing on the threat that prevents law enforcement from dressed with health reform, ensuring posed by the ability of terrorists to blocking the sale of firearms to terror- more Americans can obtain the care purchase firearms in America and leg- ists is not a controversial proposal. To they need. All too often, insurance islative proposals to address that the contrary, legislative efforts to companies have failed to cover mental threat. Before purchasing a firearm, an close the ‘‘terror gap’’ enjoy wide- health services or impose restrictive individual currently must undergo a spread, bipartisan support. In order to measures on the scope and duration of background check to search for dis- keep Americans safe, it is essential the treatment. Last Congress, I was qualifying characteristics such as a fel- that law enforcement is provided with proud to cosponsor and support passage ony conviction or a history of domestic every legal tool to keep guns out of the of the Paul Wellstone and Pete Domen- violence. However, if the background hands of known or suspected terrorists. ici Mental Health Parity and Addiction check reveals that the prospective I urge my colleagues to take up and Equity Act, which ensures health in- buyer is on the terrorist watch list, law pass S. 1317, the Denying Firearms and surance coverage for mental health enforcement legally cannot block the Explosives to Dangerous Terrorists services is comparable to coverage of sale unless the individual falls into an- Act. physical ailments. other disqualifying category. In other In the short term, however, I remain words, being on a terrorist watch list f deeply concerned about our Nation’s does not prevent someone from buying mental health safety net. I recently VOTE EXPLANATION a gun. joined several colleagues in support of To close this dangerous loophole, I Mr. ISAKSON. Mr. President, I regret increased funding for comprehensive support S. 1317, the Denying Firearms that I was unavoidably detained on community services for low income and Explosives to Dangerous Terrorists May 24, 2010, and missed rollcall votes and uninsured people living with men- Act, which was introduced by Senator No. 163 and No. 164. I ask that the tal illnesses. While the economic down- FRANK LAUTENBERG. I am a cosponsor RECORD reflect that had I been present turn has placed an additional financial of this legislation because it would au- I would have voted as follows: rollcall strain on Federal, State, and family thorize the Attorney General to deny vote No. 163, a Brownback motion to budgets, community mental health the transfer of a firearm when an FBI instruct conferees: ‘‘yea’’; rollcall vote centers and other safety net providers background check reveals that the pro- No. 164, a Hutchison motion to instruct are simultaneously reporting a signifi- spective purchaser is a known or sus- conferees: ‘‘yea.’’ cant increase in demand for mental

VerDate Mar 15 2010 01:46 May 27, 2010 Jkt 089060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G26MY6.075 S26MYPT1 smartinez on DSKB9S0YB1PROD with SENATE S4438 CONGRESSIONAL RECORD — SENATE May 26, 2010 health and addiction services. We must son-Vanick Amendment on 23 March tinghouse, and awarded the contract to continue our investment in these crit- 2006. The United States and Ukraine South Korea for $20 billion—half the ical mental health programs for those were also able to sign a bilateral agree- original estimated price. The French most in need. ment on market access issues, which and the Japanese have gone back to I recognize that mental illness af- became a key step in Ukraine’s even- the drawing boards to figure out what fects many South Dakotans. It is my tual joining the World Trade Organiza- went wrong so they will be better able hope that awareness efforts throughout tion. The establishment of the United to compete next time. the month of May will help recognize States-Ukraine Council on Trade and How did the Koreans come so far so the need for improved access to serv- Investment in March 2008 was also a re- fast? People will talk about ‘‘cheap ices, promote overall health and well- sult of Ambassador Shamshur’s tireless labor,’’ ‘‘government enterprise’’ and being, reduce the stigma associated efforts. This year, Ambassador ‘‘copycat technology.’’ But I have an- with mental disorders, and encourage Shamshur can also claim credit for the other hypothesis. Year after year, Ko- Americans to seek help when they need resolution of difficulties surrounding rean students are at the top of world it. the operation of the Overseas Private performance in math and science while f Investment Corporation in Ukraine and the United States doesn’t even rank in its return to the Ukrainian market. the top 10. In the Program for Inter- TRIBUTE TO AMBASSADOR OLEH Many of us on Capitol Hill and in the national Student Assessment’s math SHAMSHUR administration share an appreciation test for 15-year-old students, for in- Mr. KERRY. Mr. President, as chair- for Ambassador Oleh Shamshur’s stance, South Korea ranks third, be- man of the Senate Foreign Relations achievements. He leaves relations be- hind Finland and Taiwan, while the Committee, I wish today to mention tween Ukraine and the United States United States ranks 21st. They are 75 the outstanding work of an ambassador immeasurably stronger for having points ahead of us on a scale of 1,000. who is leaving Washington after 4 served here these 4 years. We wish him We have been hearing about these years of distinguished achievement— and the Ukrainian people well on the statistics for decades—maybe we have Ambassador Oleh Shamshur of occasion of his departure. even grown used to them—but now we Ukraine. f are starting to see the consequences. There is little doubt that he has We are a country that is falling behind AMERICA COMPETES ACT made a major contribution to strength- the rest of the world in science lit- ening bilateral relations between our Mr. ALEXANDER. Mr. President, eracy. In terms of energy, the rest of countries. Ambassador Shamshur was about a year ago, the United Arab the world is currently going through a one of the senior negotiators of the Emirates decided to secure its energy nuclear renaissance while we are bare- United States-Ukraine Charter on future. The Emirates is a small Persian ly able to construct new reactors in Strategic Partnership signed on De- Gulf state that is awash in oil and an- our own country. Part of our popu- cember 19, 2008, which elevated rela- nually rakes in about $80 billion in oil lation still thinks a nuclear reactor is tions between the United States and revenues. For its own domestic energy an atomic bomb that can go up in a Ukraine to a new level. The charter is needs, however, it opted to go with an- mushroom cloud any minute. A larger a living document and continues to other technology—nuclear power. Its number believes that if we cover the guide cooperation between the two reasoning was that the oil in the Great Smoky Mountains with wind- countries. On April 12, 2010, President ground will eventually run out and mills we could generate all the elec- Obama and President Yanukovych re- that it would be best to conserve and tricity we need without having to build affirmed their commitment to the prepare for that day. either nuclear reactors or coal plants. I charter and expressed their intention The Emirates specified they wanted call this ‘‘Going to War in Sailboats.’’ to realize its full potential. to build four nuclear reactors and esti- That is the title of a book I have just Ambassador Shamshur also played an mated the costs at around $40 billion. written. If we were to go to war tomor- important role in the establishment of Sure enough, the bids soon started row, would we put our fleet of nuclear the United States-Ukrainian Strategic coming in from the world’s leading nu- submarines and aircraft carriers in Partnership Commission and partici- clear vendors. There was Areva, the mothballs and commission a fleet of pated in its first inaugural session in company born out of France’s nuclear sailing vessels? December 2009. The commission has re- effort—they now get 80 percent of their Four years ago Senator JEFF BINGA- invigorated relations between the electricity from nuclear and are build- MAN and I asked the National Acad- United States and Ukraine with an on- ing one of their new Evolutionary emies: going dialog and program of coopera- Power Reactors in Finland. There was What are the top 10 actions, in priority tion on issues of democracy, economic Westinghouse, which is building its order, that federal policymakers could take freedom and prosperity, security and new AP1000 reactors in Japan and to enhance the science and technology enter- territorial integrity, energy security, China. You may recognize the name. prise so that the United States can success- defense-related cooperation, the rule of They were once, along with General fully compete, prosper, and be secure in the law, and people-to-people contacts. Electric, America’s leading electrical global community of the 21st century? What During Ambassador Shamshur’s ten- manufacturer. Now they are a Japa- strategy, with several concrete steps, could ure in Washington, Ukraine once more nese company, bought by Toshiba in be used to implement each of those actions? demonstrated its important leadership 2006. The Academies responded quickly to on the question of nonproliferation and While these two giants dueled, a that request by assembling a distin- arms control issues. Cooperation on third competitor entered the field. guished panel, headed by Norman R. these issues between Washington and South Korea only started building its Augustine that quickly produced a list Kyiv has been significantly enhanced. own nuclear reactors in 1996. Before of 20 recommendations along with These efforts were conspicuous in the that they bought from the U.S. and the strategies in the report, ‘‘Rising Above positive outcome of the Nuclear Secu- Japanese. But then they took an old the Gathering Storm.’’ That report was rity Summit in Washington. design from Combustion Engineering, issued 3 years ago. I think its message While in Washington, Ambassador another American company, and fash- is even more immediate today. Shamshur’s accomplishments were not ioned the APR–1400. After building a In response to the Gathering Storm limited to issues of international secu- few for themselves they entered the report, Congress enacted and the Presi- rity or geopolitics. Early on in his world market. Meanwhile, in the Per- dent signed the America COMPETES service here, the United States rein- sian Gulf oil business, the Koreans had Act in 2007, incorporating many of the stated tariff preferences for Ukraine established a reputation for getting Academies’ recommendations and es- under the Generalized System of Pref- things done on budget and on time. tablishing a blueprint for maintaining erences and granted Ukraine market Still, it was a complete shock last America’s competitive position. In the economy status. The Ambassador was October when the United Arab Emir- COMPETES Act we authorized funding instrumental in the efforts that led to ates passed over bids from the world’s to improve education in science, tech- Ukraine’s graduation from the Jack- two leading companies, Areva and Wes- nology, engineering and mathematics.

VerDate Mar 15 2010 01:46 May 27, 2010 Jkt 089060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\G26MY6.029 S26MYPT1 smartinez on DSKB9S0YB1PROD with SENATE May 26, 2010 CONGRESSIONAL RECORD — SENATE S4439 We increased funding for scientific and Institute of Technology had amassed cess has been owner Katy Lesser. Now, she is technological research. And we estab- after 142 years. 200,000 Chinese students being recognized for it. lished ARPA–E—modeled on the De- were studying abroad, mostly pursing Lesser has been named the U.S. Small fense Department’s Advanced Research science or engineering degrees, often Business Administration’s 2010 Vermont Project Agency, the one that started under government scholarships. Gov- Small Business Person of the Year. Nomi- the Internet—but aimed this time spe- ernment investment in R&D increased nated by David Blow Jr., vice president of Granite State Development Corp. in Bur- cifically at advanced research projects by 25 percent—in the United Kingdom. lington, Lesser was selected for outstanding on energy. An initiative was under way to create leadership related to her company’s staying Just 2 months ago I attended ARPA– a global nanotechnology hub—in India. power, employee growth, increase in sales, E’s Inaugural Energy Innovation Sum- An additional $10 billion was being de- innovative ingenuity and contributions to mit, at which more than 50 innovators voted to K–12 education, with emphasis the community, the SBA said. Recession from around the country presented the on math and science—in Brazil. An- aside, Lesser’s sales for 2009 were more than prototypes of what we hope will be the other $3 billion was added to the na- $17 million. next generation of energy innovation. tion’s research budget—in Russia. Lesser was quick to share the credit. Some of these ideas are truly excit- So it is still a competitive world out ‘‘I attribute my passion for food and peo- ing. We saw designs for a ‘‘Metal-Air’’ there. A study done far back in the ple, tenacity, patience, being part of a ter- battery that could have a 1000-mile 1950s determined that 85 percent of the rific industry, willingness to learn, being a range that would be 10 times what our per capita income growth in American risk-taker, and a fabulous, amazing staff to best car batteries can get today. We history has occurred, not because of in- my success,’’ Lesser said. ‘‘Bottom line, you saw plans for converting waste gas creasing capital stock or other measur- have to want to get up and do it all over again every day.’’ from refineries to gasoline that could able inputs, but because of techno- save us 46 million barrels of oil each logical innovation. Healthy Living was also at the forefront of year. We saw projects for using sun- As educators and scientists, I know the localvore movement as Lesser’s long- light and electricity to convert carbon term relationships with local farmers has you are aware of how important your stocked the market with local fruits, vegeta- dioxide back to gasoline and a ‘‘self-di- work is to America’s economic future. bles, meats, poultry, dairy products and gesting’’ biofuels plant that uses en- And I am sure you are ready to join us more. The market also acts as an incubator zymes to convert cellulose plant mate- in this effort. for small, local culinary producers and car- rial to a gasoline substitute. f ries products from more than 1,000 Vermont But there are still other areas where TRIBUTE TO KATY LESSER producers. we must forge ahead. What about these In 2008, Healthy Living uprooted and new small modular reactors? Compa- Mr. LEAHY. Mr. President, I rise moved to its current location. The move and nies like Toshiba, Babcock & Wilcox, today to congratulate Katy Lesser of expansion was a risk, but one that Lesser and Hyperion all have plans for reac- Underhill, VT, for being named was not shy to take. tors that are so small they can serve as Vermont’s 2010 Small Business Person ‘‘I believe it’s just as risky to be too small ‘‘nuclear batteries.’’ They are assem- of the Year by the U.S. Small Business as it is to be too big. So when I decided to ex- bled at the factory and shipped to the Administration. pand, I did a lot of research all over the Lesser is the owner of Healthy Liv- site, where they are fitted together country to see what other natural foods mar- ing, a natural and organic food store in kets were up to,’’ Lesser said. ‘‘I traveled all like Lego blocks. They have a lower South Burlington, VT. In its 23 years of over the country and got a good sense of cost of entry which is important for business, Healthy Living has grown what was working and what was not. I want- smaller utilities. We already have reac- from humble beginnings into a new ed space for more product, of course, but I tors like this aboard our submarines also wanted space for customers to meet, 33,000-square-foot market with a staff and aircraft carriers. We have done this eat, hang out, learn and have a sense of com- of 130 employees. Healthy Living also for more than 50 years. Why not put a munity meeting place. I think I did that.’’ is a leader in Vermont’s sustainability 125-megawatt reactor back in Oak Lesser is gradually turning the business movement by promoting a diverse and Ridge, TN, where it would power the over to her two children, both of whom re- vibrant selection of locally grown foods entire site and meet one-half of the De- turned to Vermont following college and jobs and locally made products. partment of Energy’s carbon footprint elsewhere. Lesser’s 32-year-old son, Eli, a I had the pleasure of meeting Katy graduate of Brandeis University, is Healthy reduction goal? The people of East Ten- and her adult children, Eli and Nina, Living’s chief operating officer. Her 26-year- nessee are not afraid of nuclear power. when they were in Washington this old daughter, Nina, a graduate of George With Senator JAMES WEBB of Vir- Washington University and the French Cul- ginia I have introduced a clean energy week for the national awards cere- mony. Working at the store is a family inary Institute in New York, is the store’s bill that calls for building 100 new nu- education coordinator and director of the clear reactors in the next 20 years to affair, and they all put in long hours to market’s newest venture, the Healthy Living secure our energy future while cutting make it go. I wish them well when they Learning Center. take a much needed vacation to Ire- our carbon emissions and keeping en- As Vermont’s Small Business Person of the land. ergy prices low. With Senators JEFF Year, Lesser will compete for the national Once again, I commend Katy Lesser MERKLEY of Oregon and BYRON DORGAN title at National Small Business Week cere- on this well-deserved honor. I ask of North Dakota I have introduced a monies May 23–25 in Washington, D.C. The unanimous consent that a March 29 ar- bill that would set up 10 model commu- U.S. Small Business Administration will ticle from The Burlington Free Press honor her locally June 17 at a ceremony nities around the country to develop on Katy’s accomplishments be printed sponsored by the SBA and Vermont Business the infrastructure needed to support in the RECORD. Magazine at the Shelburne Farms Coach electric cars. Forty Republican Sen- There being no objection, the mate- Barn. ators support the proposition of elec- rial was ordered to be printed in the ‘‘More than ever, I believe a good leader trifying half our cars and trucks as a RECORD as follows: serves—serves her customers, her staff, her way to reduce our carbon footprint [From the Burlington Free Press, Mar. 29, vendors and her truck drivers. Love of true even further and reduce our dependence 2010] service makes every day a joy because there is a never-ending list of people to help in on foreign oil. The recent tragedy of HEALTHY LIVING OWNER KATY LESSER NAMED the oilspill in the gulf has only high- many, many ways,’’ Lesser said. ‘‘It’s an VERMONT’S SBA PERSON OF YEAR honor to serve a community like ours. I’ve lighted the need to begin this effort. (By Myra Mathis Flynn) Still, we have a formidable task experienced more loyalty and energy from It’s your neighborhood grocery store that our community than I ever dreamed pos- ahead of us. In 2008, 1 year after pas- packs a healthy punch. Located at 222 Dorset sible.’’ sage of the America COMPETES Act, St., Healthy Living is the natural and or- Norman Augustine wrote an article in ganic food store with a well-known commu- f Science Magazine. Since The Gathering nity outreach program, cooking classes and fully stocked bulk section. Storm had been published, he noted, BAYVIEW CENTENNIAL many new developments had occurred Starting at 1,200 square feet with only one employee and average earnings of $300 a day, CELEBRATION in science and education. A new re- Healthy Living has grown over a period of 23 search university was established in years into a 33,000-square-foot market with a Mr. RISCH. Mr. President, I rise Saudi Arabia, with an opening endow- staff of 130 employees, and average daily today to commemorate the 100th Anni- ment equal to what the Massachusetts sales of $50,000. Leading the market to suc- versary of Bayview, Idaho, a beautiful

VerDate Mar 15 2010 04:34 May 27, 2010 Jkt 089060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\G26MY6.027 S26MYPT1 smartinez on DSKB9S0YB1PROD with SENATE S4440 CONGRESSIONAL RECORD — SENATE May 26, 2010 little hamlet on the shores of Lake 100th anniversary of the South Dakota RECOGNIZING THE SOUTH DAKOTA Pend Oreille in north Idaho. On May 29, State Capitol. This centennial is espe- STATE MEDICAL ASSOCIATION 2010, the residents of Bayview will cially meaningful to me, as I spent 8 ALLIANCE gather to dedicate the Centennial Gift years in this building, serving the peo- ∑ Mr. JOHNSON. Mr. President, today to Bayview, a beautiful entrance sign ple of South Dakota in the Senate and I recognize the 100th anniversary of the funded by local donations and designed House of Representatives from Clay South Dakota State Medical Associa- by local artists. In addition to this and Union Counties. tion Alliance. This organization was ceremony, several other events are South Dakota achieved statehood in founded to promote educational and scheduled throughout the year to cele- 1889, and campaigns were soon waged charitable endeavors related to healthy brate this great milestone. over which town would become the cap- In 1910, the Prairie Development living, and it has made remarkable ital. At least 13 towns competed in an progress over the last century. Company was formed by five business- intense race, with Pierre winning the men from Spokane, WA. They platted Originally called the South Dakota title in 1904, partially due to its central Auxiliary, this organization was found- the town on the shores of Lake Pend location. Funding was secured in 1905, Oreille, with visions of a bustling re- ed in 1910 when 18 wives of physicians construction began in 1907, the corner- saw a need for their own organization sort where Spokane’s well-to-do could stone laid on June 25, 1908, and the offi- step right off the train and enjoy a during the annual meeting of the cial dedication of South Dakota’s State South Dakota Medical Association. weekend retreat or summer residence. Capitol was on June 30, 1910. Govern- A shortline railroad was completed in The original group of women took 15 ment agencies moved into the capitol minutes to write the constitution and 1911, and the crowds soon followed. from a small wooden building which Bayview is a place full of well-kept by-laws, with dues set at $1 a year. Now was located at the southwest corner of secrets. You could say Bayview built known as the South Dakota State Med- the capitol grounds near the corners of Spokane. The limestone deposits above ical Association Alliance, the group Capitol Avenue and Nicollet. Robert S. the town and in nearby Lakeview sup- holds an annual fundraiser to raise plied the processed lime that was used Vessey of Wessington Springs was the money for medical student scholar- to construct many of the buildings in first Governor to serve in the capitol ships. This devoted organization sup- Spokane from the turn of the 20th cen- building. ports the development of leadership Modeled after the Montana State tury, well into the 1930s. skills through national training as well Capitol Building, architects from Min- Another little-known fact is that as involvement with projects at the neapolis designed and constructed the nearby Farragut State Park stands on State and local level. building for just under $1 million. The the site of what was once Idaho’s larg- The South Dakota State Medical As- beautiful structure includes native est city. In 1942, the U.S. Navy built sociation Alliance has long been de- field stone, Indiana limestone, and Farragut Naval Training Station to voted to the general health of South Vermont and Italian marble. With train sailors for the fight against the Dakotans through education and finan- hand-carved woodwork, marble, special Axis powers. Nearly 300,000 sailors were cial support. The oldest continuous cast brass, and hand laid stone, the trained there, and at any given time medical alliance in the United States, capitol itself is a work of art. from 1942 to 1946, the population ex- SDSMA Alliance fills an important ceeded 50,000 people. During the ‘‘Dirty 30’s,’’ the settling of blowing soil caused severe damage role in our State with all they do. I ap- More recently, few people know preciate their hard work and again Bayview’s role in helping the U.S. to the building. Subsequently, in 1977, congratulate them on their 100th anni- Navy build the quietest submarines in a major restoration of the State cap- versary. I look forward to their contin- the world. After World War II ended, itol commenced with a goal of return- ued efforts on behalf of the South Da- the Navy began to dismantle the train- ing the majestic building to its origi- kota health care community.∑ ing station, selling off the buildings nal state in time for the South Dakota and turning the land over to the State Centennial Celebration in 1989. Fifteen f of Idaho. The Navy, however, did retain years and roughly $3 million later, the TRIBUTE TO HUGH GROGAN 20 acres on the shores of Lake Pend building has been restored very close to Oreille, where they built research fa- its original grandeur. The ceilings, wall ∑ Mr. JOHNSON. Mr. President, today cilities as well as an underwater acous- designs, color schemes, window treat- I wish to recognize the work and career tic testing range. At a depth of nearly ments, and carpeted areas were of Hugh Grogan of Sioux Falls, SD. 1,200 feet, the cold, calm waters of the brought back to its original colors and Hugh will soon be retiring after nearly lake provide an ideal range to test var- luster. 30 years of service to the Minnehaha ious hull designs, hull coatings and On Saturday, June 19, 2010, South Da- County Human Services Department. propulsion systems at a fraction of the kotans from across the State will gath- Hugh grew up in the historic north cost of full-scale ocean-based testing. er at the capitol to celebrate 100 years end of Sioux Falls in a large, Irish- Finally, I would be remiss if I did not of our State’s history. With live enter- Catholic family. Hugh’s father, Wally, mention the fantastic Independence tainment, tours of the capitol, histor- died at a young age. His mother Cleo Day celebration in Bayview, where the ical lectures, a rededication ceremony, raised her 11 children on her own with fireworks echo off the surrounding and many other activities, there is the attitude that an abundance of love, cliffs and mountains, adding a thrilling something for everyone. I hope this faith, and laughter mattered much dimension to the show. celebration gives our citizens a chance more than an abundance of money. Al- Despite the stunning beauty of its to reflect on our shared history, as well ways taking pride in their Irish herit- setting, Bayview remains a well-kept as our promising future. age, St. Patrick’s Day never passes secret. I suspect its faithful residents At the laying of the cornerstone, without a Grogan family reunion and a prefer it that way. And even though it Governor Coe Crawford said in his ad- float in the Sioux Falls parade. is a small town, it has made an out- dress, ‘‘The new capitol will do more Hugh began working for Minnehaha sized impact on the Inland Northwest than comfortably accommodate the of- County in 1981 as the assistant director and the security of the entire Nation. ficers who are to labor within its walls of welfare. He was promoted to director Congratulations, Bayview, on 100 years for the people whom they will serve. It 2 years later. Hugh’s sense of social of proud, colorful history, and here’s will stand throughout the coming justice has been a centerpiece of his ca- wishing you 100 more. years as an expression of beauty and reer. Hugh’s compassion for those with- f art and as the people come and go and out a home led him to develop the part- ADDITIONAL STATEMENTS linger within its walls, they will see in nerships and relationships among so- it an expression of the soul of the cial agencies necessary to establish the state.’’ Although currently valued at Homeless Coalition in Sioux Falls. He RECOGNIZING THE SOUTH DAKOTA $58 million, this piece of history is recently created and advocated for the CAPITOL CENTENNIAL priceless. I am honored to have served Safe Home pilot program, which is ∑ Mr. JOHNSON. Mr. President, it is in this historical building and am helping to improve care for the chron- with great honor that I recognize the proud to recognize it today.∑ ically homeless, while also delivering

VerDate Mar 15 2010 01:46 May 27, 2010 Jkt 089060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\G26MY6.026 S26MYPT1 smartinez on DSKB9S0YB1PROD with SENATE May 26, 2010 CONGRESSIONAL RECORD — SENATE S4441 that care in a more cost effective way. One hundred years ago, this small Adelphi, Maryland, and Dr. Benjamin Hugh has even opened his own home to town was founded on hard work and J. Allen of Cedar Falls, Iowa; Upon rec- provide a measure of stability to a perseverance. Today, those values con- ommendation of the Minority Leader: young person in need of encouragement tinue to permeate everything this town Dr. Art Keiser of Parkland, Florida, and opportunity. Countless disadvan- does. Small towns like Agar are the Mr. Arthur Rothkopf of Washington, taged individuals have benefitted from backbone of South Dakota, and I am DC, and Dr. William Pepicello of Phoe- his dedicated work, much of which was proud to congratulate them on reach- nix, Arizona. done behind the scenes but always with ing this historic milestone.∑ f the best interest of the people he f served in mind. MEASURES PLACED ON THE Hugh has been the recipient of many MESSAGES FROM THE PRESIDENT CALENDAR awards over the span of his career, in- Messages from the President of the The following bills were read the sec- cluding the United Way Social Worker United States were communicated to ond time, and placed on the calendar: of the Year and the Sioux Falls Catho- the Senate by Mr. Pate, one of his sec- S. 3410. A bill to create a fair and efficient lic Schools’ Hall of Fame. The State of retaries. system to resolve claims of victims for eco- South Dakota has also benefitted from nomic injury caused by the Deepwater Hori- f Hugh’s expertise in the field of social zon incident, and to direct the Secretary of services. He has served on many State EXECUTIVE MESSAGES REFERRED the Interior to renegotiate the terms of the committees and task forces created to lease known as ‘‘Mississippi Canyon 252’’ As in executive session the Presiding with respect to claims relating to the Deep- best serve the poorest of our State. Officer laid before the Senate messages water Horizon explosion and oil spill that ex- Hugh and I share a commitment to from the President of the United ceed existing applicable economic liability providing access to affordable housing, States submitting sundry nominations limitations. recognizing that it is a critical ingre- which were referred to the appropriate S. 3421. A bill to provide a temporary ex- dient for future success. His honorable committees. tension of certain programs, and for other purposes. service has been marked by a true (The nominations received today are sense of dedication to providing con- printed at the end of the Senate pro- f sistent guidance and stewardship. His ceedings.) EXECUTIVE REPORTS OF warm sense of humor puts everyone COMMITTEES around him at ease, and he treats each f The following executive reports of person with respect and dignity. My MESSAGE FROM THE HOUSE wife Barbara and I are proud to count nominations were submitted: ENROLLED BILL SIGNED Hugh as a friend, as well as an ally in By Mr. HARKIN for the Committee on the pursuit of social justice. At 10:08 a.m., a message from the Health, Education, Labor, and Pensions. I commend Hugh for his passionate House of Representatives, delivered by *Adam Gamoran, of Wisconsin, to be a and tireless commitment to serving Ms. Niland, one of its reading clerks, Member of the Board of Directors of the Na- tional Board for Education Sciences for a those in need. He has worked for af- announced that the Speaker has signed the following enrolled bill: term expiring November 28, 2011. fordable housing for 30 years, and will *Deborah Loewenberg Ball, of Michigan, to take his tireless work ethic to the De- H.R. 5139. An act to provide for the Inter- be a Member of the Board of Directors of the partment of Veterans Affairs as an out- national Organizations Immunities Act to be National Board for Education Sciences for a reach worker for homeless veterans. I extended to the Office of the High Represent- term expiring November 28, 2012. ative in Bosnia and Herzegovina and the *Margaret R. McLeod, of the District of wish Hugh and his wife Jan all the best International Civilian Office in Kosovo. in the future.∑ Columbia, to be a Member of the Board of Di- rectors of the National Board for Education f At 10:34 a.m., a message from the Sciences for a term expiring November 28, 100TH ANNIVERSARY OF THE House of Representatives, delivered by 2012. FOUNDING OF AGAR, SOUTH DA- Ms. Niland, one of its reading clerks, *Bridget Terry Long, of Massachusetts, to KOTA announced that the House has passed be a Member of the Board of Directors of the the following bills, in which it requests National Board for Education Sciences for a ∑ Mr. JOHNSON. Mr. President, today the concurrence of the Senate: term expiring November 28, 2012. I pay tribute to the 100th anniversary *David K. Mineta, of California, to be Dep- H.R. 3885. An act to direct the Secretary of of the founding of Agar, SD. This rural uty Director for Demand Reduction, Office of Veterans Affairs to carry out a pilot pro- National Drug Control Policy. community in Sully County is small, gram on dog training therapy. but its size is its strength. Agar is a H.R. 5145. An act to amend title 38, United *Nomination was reported with rec- warm, caring community full of people States Code, to improve the continuing pro- ommendation that it be confirmed sub- who are always willing to lend a help- fessional education reimbursement provided ject to the nominee’s commitment to ing hand. to health professionals employed by the De- respond to requests to appear and tes- When Chicago and Northwestern partment of Veterans Affairs. tify before any duly constituted com- Railway Company decided to connect The message also announced that the mittee of the Senate. two of its lines, Agar was formed on House agrees to the amendments of the f the land of Charles Agar. Within the Senate to the bill (H.R. 2711) to amend first year, several buildings had been title 5, United States Code, to provide MEASURES REFERRED constructed. The little town continued for the transportation of dependents, The following bills were read the first to flourish as an agricultural hub. A remains, and effects of certain Federal and the second times by unanimous post office, newspaper, ice cream shop, employees who die while performing of- consent, and referred as indicated: and a bank were all started in 1910. In ficial duties or as a result of the per- H.R. 3885. An act to direct the Secretary of May of 1910, the town constructed an formance of official duties. Veterans Affairs to carry out a pilot pro- artesian well that flowed at 78 gallons The message further announced that gram on dog training therapy; to the Com- per minute. pursuant to section 106 of the Higher mittee on Veterans’ Affairs. Agar’s centennial celebration prom- Education Opportunity Act (Public H.R. 5145. An act to amend title 38, United States Code, to improve the continuing pro- ises to be a great time, with bull Law 110–315) and the order of the House fessional education reimbursement provided riding, dances, and a softball tour- of January 6, 2009, the Speaker ap- to health professionals employed by the De- nament. The town will also be having a points the following members on the partment of Veterans Affairs; to the Com- 2-day wagon train, covering beautiful part of the House of Representatives to mittee on Veterans’ Affairs. farmland as well as the famous Sutton the National Advisory Committee on f Bay Golf Resort. This weekend centen- Institutional Quality and Integrity for nial celebration will gather together a term of 6 years: Upon the rec- INTRODUCTION OF BILLS AND ‘‘Agarians’’ of all generations to cele- ommendation of the Majority Leader: JOINT RESOLUTIONS brate all that this very proud commu- Dr. Carolyn Williams of Bronx, New The following bills and joint resolu- nity has accomplished. York, Dr. William ‘‘Brit’’ Kirwan of tions were introduced, read the first

VerDate Mar 15 2010 01:46 May 27, 2010 Jkt 089060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\G26MY6.022 S26MYPT1 smartinez on DSKB9S0YB1PROD with SENATE S4442 CONGRESSIONAL RECORD — SENATE May 26, 2010 and second times by unanimous con- S. 493 sor of S. 3157, a bill to amend the Em- sent, and referred as indicated: At the request of Mr. CASEY, the ployee Retirement Income Security By Mrs. MURRAY (for herself and Mrs. names of the Senator from Mississippi Act of 1974 and the Internal Revenue MCCASKILL): (Mr. COCHRAN) and the Senator from Code of 1986 to allow time for pensions S. 3425. A bill to amend title 10, United Maryland (Ms. MIKULSKI) were added as to fund benefit obligations in light of States Code, to require the provision of be- cosponsors of S. 493, a bill to amend the economic circumstances in the finan- havioral health services to members of the Internal Revenue Code of 1986 to pro- cial markets of 2008, and for other pur- reserve components of the Armed Forces vide for the establishment of ABLE ac- poses. necessary to meet pre—deployment and post—deployment readiness and fitness counts for the care of family members S. 3201 standards, and for other purposes; to the with disabilities, and for other pur- At the request of Mr. UDALL of Colo- Committee on Armed Services. poses. rado, the name of the Senator from By Mrs. GILLIBRAND: S. 752 West Virginia (Mr. ROCKEFELLER) was S. 3426. A bill to amend the Agricultural At the request of Mr. DURBIN, the added as a cosponsor of S. 3201, a bill to Marketing Act of 1946 to require monthly re- names of the Senator from Vermont amend title 10, United States Code, to porting to the Secretary of Agriculture of items contained in the cold storage survey (Mr. SANDERS) and the Senator from extend TRICARE coverage to certain and the dairy products survey of the Na- Montana (Mr. TESTER) were added as dependents under the age of 26. tional Agricultural Statistics Service; to the cosponsors of S. 752, a bill to reform S. 3223 Committee on Agriculture, Nutrition, and the financing of Senate elections, and At the request of Ms. SNOWE, the Forestry. for other purposes. name of the Senator from Utah (Mr. By Mr. SCHUMER (for himself and Mr. S. 1055 BENNETT) was added as a cosponsor of CORNYN): At the request of Mrs. BOXER, the S. 3427. A bill to institute an identification S. 3223, a bill to amend the Employee requirement for the purchase of pre—paid name of the Senator from New Mexico Retirement Income Security Act of mobile devices; to the Committee on Com- (Mr. UDALL) was added as a cosponsor 1974 and the Public Health Service Act merce, Science, and Transportation. of S. 1055, a bill to grant the congres- to provide parity under group health By Mr. UDALL of New Mexico (for sional gold medal, collectively, to the plans and group health insurance cov- himself and Mr. BINGAMAN): 100th Infantry Battalion and the 442nd erage for the provision of benefits for S. 3428. A bill to designate the Memorial of Regimental Combat Team, United prosthetics and custom orthotics and Perpetual Tears, which honors victims of States Army, in recognition of their benefits for other medical and surgical driving while impaired, as the official Na- dedicated service during World War II. tional DWI Victims Memorial; to the Com- services. mittee on Energy and Natural Resources. S. 1545 S. 3231 By Mr. CASEY: At the request of Mrs. GILLIBRAND, At the request of Mr. GRASSLEY, the S. 3429. A bill to require the Comptroller the name of the Senator from Con- name of the Senator from Minnesota General of the United States to carry out a necticut (Mr. LIEBERMAN) was added as (Mr. FRANKEN) was added as a cospon- study on procurement under the American a cosponsor of S. 1545, a bill to expand sor of S. 3231, a bill to amend the Inter- Recovery and Reinvestment Act of 2009; to the research and awareness activities the Committee on Homeland Security and nal Revenue Code of 1986 to extend cer- Governmental Affairs. of the National Institute of Arthritis tain tax incentives for alcohol used as By Ms. SNOWE (for herself and Ms. and Musculoskeletal and Skin Diseases fuel and to amend the Harmonized Tar- LANDRIEU): and the Centers for Disease Control iff Schedule of the United States to ex- S. 3430. A bill to amend the Internal Rev- and Prevention with respect to tend additional duties on ethanol. enue Code of 1986 to expand the tip tax credit scleroderma, and for other purposes. S. 3248 to employers of cosmetologists and to pro- S. 1627 mote tax compliance in the cosmetology sec- At the request of Mr. MERKLEY, his tor; to the Committee on Finance. At the request of Mr. HARKIN, the name was added as a cosponsor of S. By Mr. MENENDEZ (for himself and name of the Senator from South Da- 3248, a bill to designate the Department Mr. NELSON of Florida): kota (Mr. JOHNSON) was added as a co- of the Interior Building in Washington, S. 3431. A bill to improve the administra- sponsor of S. 1627, a bill to improve District of Columbia, as the ‘‘Stewart tion of the Minerals Management Service, choices for consumers for vehicles and Lee Udall Department of the Interior and for other purposes; to the Committee on fuel, and for other purposes. Building’’. Energy and Natural Resources. S. 1859 S. 3269 f At the request of Mr. ROCKEFELLER, At the request of Mrs. GILLIBRAND, SUBMISSION OF CONCURRENT AND the name of the Senator from Lou- the name of the Senator from Mary- SENATE RESOLUTIONS isiana (Ms. LANDRIEU) was added as a land (Mr. CARDIN) was added as a co- cosponsor of S. 1859, a bill to reinstate The following concurrent resolutions sponsor of S. 3269, a bill to provide Federal matching of State spending of and Senate resolutions were read, and driver safety grants to States with child support incentive payments. referred (or acted upon), as indicated: graduated driver licensing laws that S. 1939 meet certain minimum requirements. By Ms. LANDRIEU (for herself, Ms. SNOWE, Ms. CANTWELL, Mrs. SHAHEEN, At the request of Mrs. GILLIBRAND, S. 3295 Mr. KERRY, Mr. BAYH, Mr. CARDIN, the name of the Senator from Iowa At the request of Mr. SCHUMER, the Mr. BOND, Mr. VITTER, Mr. ENZI, Mr. (Mr. HARKIN) was added as a cosponsor name of the Senator from Delaware ISAKSON, Mr. WICKER, Mr. RISCH, and of S. 1939, a bill to amend title 38, (Mr. CARPER) was added as a cosponsor Mr. THUNE): United States Code, to clarify presump- of S. 3295, a bill to amend the Federal S. Res. 540. A resolution honoring the en- tions relating to the exposure of cer- Election Campaign Act of 1971 to pro- trepreneurial spirit of small businesses in tain veterans who served in the vicin- the United States during ‘‘National Small hibit foreign influence in Federal elec- Business Week’’, beginning May 23, 2010; con- ity of the Republic of Vietnam, and for tions, to prohibit government contrac- sidered and agreed to. other purposes. tors from making expenditures with re- S. 2947 f spect to such elections, and to estab- At the request of Mr. CARPER, the lish additional disclosure requirements ADDITIONAL COSPONSORS name of the Senator from Rhode Island with respect to spending in such elec- S. 211 (Mr. REED) was added as a cosponsor of tions, and for other purposes. At the request of Mrs. MURRAY, the S. 2947, a bill to amend the Internal S. 3305 name of the Senator from Colorado Revenue Code of 1986 to classify auto- At the request of Mr. MENENDEZ, the (Mr. BENNET) was added as a cosponsor matic fire sprinkler systems as 5-year name of the Senator from Minnesota of S. 211, a bill to facilitate nationwide property for purposes of depreciation. (Mr. FRANKEN) was added as a cospon- availability of 2-1-1 telephone service S. 3157 sor of S. 3305, a bill to amend the Oil for information and referral on human At the request of Mr. CASEY, the Pollution Act of 1990 to require oil pol- services and volunteer services, and for name of the Senator from Minnesota luters to pay the full cost of oil spills, other purposes. (Mr. FRANKEN) was added as a cospon- and for other purposes.

VerDate Mar 15 2010 01:46 May 27, 2010 Jkt 089060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\A26MY6.029 S26MYPT1 smartinez on DSKB9S0YB1PROD with SENATE May 26, 2010 CONGRESSIONAL RECORD — SENATE S4443 S. 3341 from Idaho (Mr. RISCH) were added as AMENDMENT NO. 4184 At the request of Mr. CARDIN, the cosponsors of S.J. Res. 29, a joint reso- At the request of Ms. LANDRIEU, the name of the Senator from Connecticut lution approving the renewal of import name of the Senator from Mississippi (Mr. DODD) was added as a cosponsor of restrictions contained in the Burmese (Mr. COCHRAN) was added as a cospon- S. 3341, a bill to amend title 5, United Freedom and Democracy Act of 2003. sor of amendment No. 4184 proposed to States Code, to extend eligibility for S. RES. 519 H.R. 4899, a bill making emergency sup- coverage under the Federal Employees At the request of Mr. DEMINT, the plemental appropriations for disaster Health Benefits Program with respect names of the Senator from Idaho (Mr. relief and summer jobs for the fiscal to certain adult dependents of Federal RISCH), the Senator from Iowa (Mr. year ending September 30, 2010, and for employees and annuitants, in conform- GRASSLEY), the Senator from Mis- other purposes. ance with amendments made by the sissippi (Mr. WICKER), the Senator from AMENDMENT NO. 4187 Patient Protection and Affordable Care Arizona (Mr. MCCAIN) and the Senator At the request of Mr. BINGAMAN, the Act. from Alabama (Mr. SESSIONS) were name of the Senator from Kentucky S. 3396 added as cosponsors of S. Res. 519, a (Mr. BUNNING) was added as a cosponsor of amendment No. 4187 intended to be At the request of Mr. BINGAMAN, the resolution expressing the sense of the name of the Senator from Indiana (Mr. Senate that the primary safeguard for proposed to H.R. 4899, a bill making emergency supplemental appropria- BAYH) was added as a cosponsor of S. the well-being and protection of chil- 3396, a bill to amend the Energy Policy dren is the family, and that the pri- tions for disaster relief and summer and Conservation Act to establish mary safeguards for the legal rights of jobs for the fiscal year ending Sep- tember 30, 2010, and for other purposes. within the Department of Energy a children in the United States are the Supply Star program to identify and Constitutions of the United States and AMENDMENT NO. 4191 promote practices, companies, and the several States, and that, because At the request of Mr. CARDIN, the products that use highly efficient sup- the use of international treaties to names of the Senator from Florida (Mr. ply chains in a manner that conserves govern policy in the United States on NELSON), the Senator from New Jersey energy, water, and other resources. families and children is contrary to (Mr. LAUTENBERG), the Senator from principles of self-government and fed- New Jersey (Mr. MENENDEZ), the Sen- S. 3398 eralism, and that, because the United ator from Maryland (Ms. MIKULSKI) and At the request of Mr. BAUCUS, the Nations Convention on the Rights of the Senator from Delaware (Mr. KAUF- name of the Senator from Michigan the Child undermines traditional prin- MAN) were added as cosponsors of (Ms. STABENOW) was added as a cospon- ciples of law in the United States re- amendment No. 4191 proposed to H.R. sor of S. 3398, a bill to amend the Inter- garding parents and children, the 4899, a bill making emergency supple- nal Revenue Code of 1986 to extend the President should not transmit the Con- mental appropriations for disaster re- work opportunity credit to certain re- vention to the Senate for its advice and lief and summer jobs for the fiscal year cently discharged veterans. consent. ending September 30, 2010, and for S. 3405 S. RES. 534 other purposes. At the request of Mr. MENENDEZ, the At the request of Mr. BOND, the name AMENDMENT NO. 4192 name of the Senator from Rhode Island of the Senator from Georgia (Mr. At the request of Mr. ENZI, the name (Mr. WHITEHOUSE) was added as a co- ISAKSON) was added as a cosponsor of S. of the Senator from Oklahoma (Mr. sponsor of S. 3405, a bill to amend the Res. 534, a resolution expressing sup- COBURN) was added as a cosponsor of Internal Revenue Code of 1986 to elimi- port for designation of May 1, 2010, as amendment No. 4192 intended to be pro- nate oil and gas company preferences. ‘‘Silver Star Service Banner Day’’. posed to H.R. 4899, a bill making emer- S. 3410 S. RES. 537 gency supplemental appropriations for At the request of Mr. VITTER, the At the request of Ms. COLLINS, the disaster relief and summer jobs for the name of the Senator from Georgia (Mr. name of the Senator from South Caro- fiscal year ending September 30, 2010, ISAKSON) was added as a cosponsor of S. lina (Mr. GRAHAM) was added as a co- and for other purposes. 3410, a bill to create a fair and efficient sponsor of S. Res. 537, a resolution des- AMENDMENT NO. 4193 system to resolve claims of victims for ignating May 2010 as ‘‘National Brain At the request of Mr. ENZI, the name economic injury caused by the Deep- Tumor Awareness Month’’. of the Senator from Oklahoma (Mr. water Horizon incident, and to direct AMENDMENT NO. 4175 COBURN) was added as a cosponsor of the Secretary of the Interior to renego- At the request of Mr. LAUTENBERG, amendment No. 4193 intended to be pro- tiate the terms of the lease known as the name of the Senator from Mary- posed to H.R. 4899, a bill making emer- ‘‘Mississippi Canyon 252’’ with respect land (Ms. MIKULSKI) was added as a co- gency supplemental appropriations for to claims relating to the Deepwater sponsor of amendment No. 4175 pro- disaster relief and summer jobs for the Horizon explosion and oil spill that ex- posed to H.R. 4899, a bill making emer- fiscal year ending September 30, 2010, ceed existing applicable economic li- gency supplemental appropriations for and for other purposes. ability limitations. disaster relief and summer jobs for the AMENDMENT NO. 4194 fiscal year ending September 30, 2010, At the request of Mr. ENZI, the name S. 3419 and for other purposes. of the Senator from Oklahoma (Mr. At the request of Mr. MERKLEY, the COBURN) was added as a cosponsor of name of the Senator from Ohio (Mr. AMENDMENT NO. 4179 At the request of Ms. LANDRIEU, the amendment No. 4194 intended to be pro- BROWN) was added as a cosponsor of S. name of the Senator from Mississippi posed to H.R. 4899, a bill making emer- 3419, a bill to exclude from consumer (Mr. WICKER) was added as a cosponsor gency supplemental appropriations for credit reports medical debt that has of amendment No. 4179 proposed to disaster relief and summer jobs for the been in collection and has been fully H.R. 4899, a bill making emergency sup- fiscal year ending September 30, 2010, paid or settled, and for other purposes. plemental appropriations for disaster and for other purposes. S. 3424 relief and summer jobs for the fiscal AMENDMENT NO. 4195 At the request of Mr. DURBIN, the year ending September 30, 2010, and for At the request of Mr. ENZI, the name name of the Senator from Oregon (Mr. other purposes. of the Senator from Oklahoma (Mr. WYDEN) was added as a cosponsor of S. AMENDMENT NO. 4181 COBURN) was added as a cosponsor of 3424, a bill to amend the Animal Wel- At the request of Ms. LANDRIEU, the amendment No. 4195 intended to be pro- fare Act to provide further protection name of the Senator from Texas (Mrs. posed to H.R. 4899, a bill making emer- for puppies. HUTCHISON) was added as a cosponsor of gency supplemental appropriations for S.J. RES. 29 amendment No. 4181 intended to be pro- disaster relief and summer jobs for the At the request of Mr. MCCONNELL, posed to H.R. 4899, a bill making emer- fiscal year ending September 30, 2010, the names of the Senator from Georgia gency supplemental appropriations for and for other purposes. (Mr. CHAMBLISS), the Senator from disaster relief and summer jobs for the AMENDMENT NO. 4196 Georgia (Mr. ISAKSON), the Senator fiscal year ending September 30, 2010, At the request of Mr. ENZI, the name from Utah (Mr. HATCH) and the Senator and for other purposes. of the Senator from Oklahoma (Mr.

VerDate Mar 15 2010 01:46 May 27, 2010 Jkt 089060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\A26MY6.031 S26MYPT1 smartinez on DSKB9S0YB1PROD with SENATE S4444 CONGRESSIONAL RECORD — SENATE May 26, 2010 COBURN) was added as a cosponsor of AMENDMENT NO. 4230 Although other communities have es- amendment No. 4196 intended to be pro- At the request of Mr. ENSIGN, the tablished remembrance gardens and posed to H.R. 4899, a bill making emer- name of the Senator from Missouri monuments honoring drunk driving gency supplemental appropriations for (Mr. BOND) was added as a cosponsor of victims, the DWI Victims Memorial of disaster relief and summer jobs for the amendment No. 4230 proposed to H.R. Perpetual Tears is unique. The memo- fiscal year ending September 30, 2010, 4899, a bill making emergency supple- rial resembles a veterans cemetery and for other purposes. mental appropriations for disaster re- with markers representing the most re- AMENDMENT NO. 4197 lief and summer jobs for the fiscal year cent 5-year period of deaths in New At the request of Mr. ENZI, the name ending September 30, 2010, and for Mexico attributed to DWI. The memo- of the Senator from Oklahoma (Mr. other purposes. rial includes a site dedicated to victims COBURN) was added as a cosponsor of f of DWI nationwide. The Memorial of amendment No. 4197 intended to be pro- STATEMENTS ON INTRODUCED Perpetual Tears gives further recogni- posed to H.R. 4899, a bill making emer- BILLS AND JOINT RESOLUTIONS tion to innocent victims of DWI na- gency supplemental appropriations for tionwide by displaying Victim Tribute By Mr. UDALL of New Mexico disaster relief and summer jobs for the books in the memorial visitor center. (for himself and Mr. BINGAMAN): fiscal year ending September 30, 2010, The Victim Tribute books include sto- S. 3428. A bill to designate the Memo- and for other purposes. ries and pictures submitted by injured rial of Perpetual Tears, which honors victims and family members of those AMENDMENT NO. 4198 victims of driving while impaired, as killed in DWI crashes. At the request of Mr. ENZI, the name the official National DWI Victims Me- The Memorial of Perpetual Tears is a of the Senator from Oklahoma (Mr. morial; to the Committee on Energy testament to the hard work and dedica- COBURN) was added as a cosponsor of and Natural Resources. amendment No. 4198 intended to be pro- Mr. UDALL of New Mexico. Mr. tion of local volunteers who have made posed to H.R. 4899, a bill making emer- President, today I introduce the Na- this memorial possible. Sonja Britton, gency supplemental appropriations for tional DWI Victims Memorial Designa- the mother of a DWI victim, saw the disaster relief and summer jobs for the tion Act of 2010, which is cosponsored need for a memorial to those killed by drunk driving on our Nation’s road- fiscal year ending September 30, 2010, by my colleague Senator JEFF BINGA- ways. For years, she rallied support and for other purposes. MAN. This legislation would designate AMENDMENT NO. 4204 the DWI Victims Memorial of Per- and found many local residents and At the request of Mr. FEINGOLD, the petual Tears in Moriarty, New Mexico, others nationwide who were willing to names of the Senator from Ohio (Mr. as the National DWI Victims Memo- help. Mike, Mary, and Ralph Anaya BROWN), the Senator from Vermont rial. and their family provided key support (Mr. SANDERS), the Senator from West Opened in 2008, the DWI Victims Me- by donating prime real estate next to Virginia (Mr. BYRD) and the Senator morial of Perpetual Tears is the Na- Interstate 40 to give the memorial a from Iowa (Mr. HARKIN) were added as tion’s first and only memorial of its fitting location. Thanks to the efforts cosponsors of amendment No. 4204 pro- kind. The Memorial Perpetual Tears of so many, the Memorial of Perpetual posed to H.R. 4899, a bill making emer- helps raise awareness of the devasta- Tears today provides a focal point gency supplemental appropriations for tion caused by driving while impaired, where families can gather to mourn the disaster relief and summer jobs for the DWI, crashes by recognizing their vic- loss of loved ones as well as join with fiscal year ending September 30, 2010, tims, educating the public, and encour- others to promote DWI awareness and and for other purposes. aging preventive measures. The memo- prevention. Having a National DWI Victims Me- AMENDMENT NO. 4214 rial aims to give comfort to the inno- morial gives us another resource in the At the request of Mr. MCCAIN, the cent victims of drunk driving and raise fight to end drunk driving. I share names of the Senator from Utah (Mr. awareness of the devastating toll of Sonja’s vision that one day we will HATCH) and the Senator from New DWI deaths on our nation’s roadways. have no more senseless deaths caused Hampshire (Mr. GREGG) were added as Located on a four-acre site next to by DWI crashes. As she says most elo- cosponsors of amendment No. 4214 pro- Interstate 40, the Memorial of Per- quently, ‘‘My dream will be realized posed to H.R. 4899, a bill making emer- petual Tears attracts passersby in ad- when this mission is achieved and when gency supplemental appropriations for dition to those who travel specifically our loved ones will no longer be injured disaster relief and summer jobs for the to visit the memorial. The National DWI Victims Memorial or killed by alcohol-related traffic fiscal year ending September 30, 2010, Designation Act of 2010 would require crashes. We must stop this carnage.’’ and for other purposes. that any reference to this memorial in Working together, we can make AMENDMENT NO. 4218 a law, map, regulation, document, Sonja’s dream a reality. At the request of Mr. JOHANNS, his record, or other official paper of the I urge all my colleagues to support name was added as a cosponsor of United States government refer to the this legislation and to join Senator amendment No. 4218 intended to be pro- site as the National DWI Victims Me- BINGAMAN and me in celebrating the posed to H.R. 4899, a bill making emer- morial. As a Senator from New Mexico, work of the volunteers who have made gency supplemental appropriations for I am proud to seek such an official des- the DWI Victims Memorial of Per- disaster relief and summer jobs for the ignation for the DWI Victims Memorial petual Tears possible. fiscal year ending September 30, 2010, of Perpetual Tears. It is fitting that and for other purposes. such a national memorial should be lo- By Ms. SNOWE (for herself and At the request of Ms. COLLINS, the cated in the State that once led the Ms. LANDRIEU): names of the Senator from South Da- Nation in DWI fatalities and now leads S. 3430. A bill to amend the Internal kota (Mr. THUNE) and the Senator from the way in drunk driving prevention. Revenue Code of 1986 to expand the tip Wyoming (Mr. BARRASSO) were added Compared to 20 years ago, our roads tax credit to employers of cosmetolo- as cosponsors of amendment No. 4218 are much safer today. Yet even as the gists and to promote tax compliance in intended to be proposed to H.R. 4899, overall number of people killed on our the cosmetology sector; to the Com- supra. roadways has declined, drunk driving mittee on Finance. AMENDMENT NO. 4229 still accounts for one third of all traffic Ms. SNOWE. Mr. President, as Rank- At the request of Mr. ENSIGN, the fatalities nationwide. In 2008, drunk ing Member of the Senate Small Busi- name of the Senator from Missouri driving killed about 12,000 Americans, ness Committee, I am delighted to rise (Mr. BOND) was added as a cosponsor of including 143 people in my home State today, during National Small Business amendment No. 4229 proposed to H.R. of New Mexico. That is an average of 32 Week, with Senator LANDRIEU, who is 4899, a bill making emergency supple- people killed every day by drunk driv- Chair of the Committee, to introduce mental appropriations for disaster re- ing. This unacceptable death toll is all the Small Business Tax Equalization lief and summer jobs for the fiscal year the more shocking when you consider and Compliance Act. ending September 30, 2010, and for that each one of those deaths was pre- Our bipartisan measure is a pro-small other purposes. ventable. business bill and would allow the salon

VerDate Mar 15 2010 02:06 May 27, 2010 Jkt 089060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\A26MY6.032 S26MYPT1 smartinez on DSKB9S0YB1PROD with SENATE May 26, 2010 CONGRESSIONAL RECORD — SENATE S4445 industry to have the same tax rules on ment of laws on payroll and income (c) and (d) as subsections (d) and (e), respec- tips paid to employees as is permitted taxes. Without this legislation it is tively, and by inserting after subsection (b) in the restaurant industry. The legisla- often the lopsided practice of the IRS the following new subsection: tion would increase compliance with to seek back taxes from the employer ‘‘(c) COSMETOLOGY SERVICE.—For purposes payroll tax obligations and will make but rarely from the employee or inde- of this section, the term ‘cosmetology serv- sure that the women who work in the ice’ means— pendent contractor despite the require- ‘‘(1) hairdressing, salon industry earn all the Social Secu- ment that taxes be paid in equal meas- ‘‘(2) haircutting, rity retirement and disability benefits ure. ‘‘(3) manicures and pedicures, they should be entitled to. It would The legislation will protect both le- ‘‘(4) body waxing, facials, mud packs, also help to prevent salons that do not gitimate independent contractors and wraps, and other similar skin treatments, follow the tax law from gaining a com- employees who pay their taxes but and petitive disadvantage against those frees up IRS resources to focus on ‘‘(5) any other beauty-related service pro- that do follow the law. The companion those bad actors who are not com- vided at a facility at which a majority of the bill in the House is H.R. 3724, which services provided (as determined on the basis plying with the law. Although non-em- of gross revenue) are described in paragraphs was introduced Representative SHEL- ployer salons comprise 87 percent of es- (1) through (4).’’ LEY BERKLEY and Representative KEVIN tablishments, their reported sales rep- (c) EFFECTIVE DATE.—The amendments BRADY. resent only 36 percent of total salon in- made by this section shall apply to tips re- Clearly this legislation will help all dustry revenues, implying a significant ceived for services performed after December parts of the salon industry, big and underreporting of income in the non- 31, 2009. small, men and women. But the reality employer segment. This legislation in- SEC. 3. INFORMATION REPORTING AND TAX- is that because 84 percent of the work- cludes education and reporting require- PAYER EDUCATION FOR PROVIDERS force in the salon industry is female, ments which will help address the ‘‘tax OF COSMETOLOGY SERVICES. this issue has special relevance for gap’’ and reveal a valuable new source (a) IN GENERAL.—Subpart B of part III of women. When women work as inde- of tax revenues for the federal Govern- subchapter A of chapter 61 of the Internal pendent contractors at hair salons, ment. This is a win-win-win for the sa- Revenue Code of 1986 is amended by adding they are less likely to disclose all of after section 6050W the following new sec- lons, for employees, and for the govern- tion: their tips for purposes of paying Social ment. Security taxes. As a result, they reduce ‘‘SEC. 6050X. RETURNS RELATING TO COSME- This bill is supported by the Profes- TOLOGY SERVICES AND INFORMA- their future right to earn retirement sional Beauty Association, the largest TION TO BE PROVIDED TO COS- and disability benefits in the Social Se- association in the professional beauty METOLOGISTS. curity system and reduce the size of industry, which is comprised of salon ‘‘(a) IN GENERAL.—Every person (referred any benefit they do ultimately earn. and spa owners, manufacturers and dis- to in this section as a ‘reporting person’) Making sure that working women are tributors of salon and spa products, who— correctly paying into Social Security and individual licensed cosmetologists. ‘‘(1) employs 1 or more cosmetologists to is critical to their future retirement Finally, I want to thank two salon provide any cosmetology service, ‘‘(2) rents a chair to 1 or more cosmetolo- security because many of these women owners who brought this issue to my gists to provide any cosmetology service on will have had no other retirement ben- attention, Alan Labos of Akari Salon at least 5 calendar days during a calendar efits available to them. in Portland, Maine and Tiffany Conway year, or We know that women are dispropor- of bei capelli salon in Scarborough, ‘‘(3) in connection with its trade or busi- tionately dependent on Social Security Maine. ness or rental activity, otherwise receives for their retirement benefits, a March In conclusion, I urge my colleagues compensation from, or pays compensation 2010 study by the Women for Women’s on both sides of the aisle to support to, 1 or more cosmetologists for the right to Policy Research showed that women’s our bill. provide cosmetology services to, or for cos- Social Security benefits in 2008 were Mr. President, I ask unanimous con- metology services provided to, third-party patrons, only about 75 percent of the benefits sent that the text of the bill be printed earned by men and it comprised about in the RECORD. shall comply with the return requirements of half of their total retirement income. There being no objection, the text of subsection (b) and the taxpayer education re- quirements of subsection (c). By contrast, Social Security benefits the bill was ordered to be printed in ‘‘(b) RETURN REQUIREMENTS.—The return comprised roughly one third of men’s the RECORD, as follows: requirements of this subsection are met by a retirement income. Earning the right S. 3430 reporting person if the requirements of each to collect a decent Social Security ben- Be it enacted by the Senate and House of Rep- of the following paragraphs applicable to efit is vital to women. resentatives of the United States of America in such person are met. As a small business issue, salons are Congress assembled, ‘‘(1) EMPLOYEES.—In the case of a reporting a quintessential small business on SECTION 1. SHORT TITLE. person who employs 1 or more cosmetolo- Main Streets across America. Accord- This Act may be cited as the ‘‘Small Busi- gists to provide cosmetology services, the re- ing to the U.S. Census Bureau, 98 per- ness Tax Equalization and Compliance Act of quirements of this paragraph are met if such cent of salon industry firms have only 2010’’. person meets the requirements of sections 6051 (relating to receipts for employees) and one establishment; 92 percent of salon SEC. 2. EXPANSION OF CREDIT FOR PORTION OF SOCIAL SECURITY TAXES PAID WITH 6053(b) (relating to tip reporting) with re- establishments have sales of less than RESPECT TO EMPLOYEE TIPS. spect to each such employee. $500,000; and 82 percent of salon estab- (a) EXPANSION OF CREDIT TO OTHER LINES ‘‘(2) INDEPENDENT CONTRACTORS.—In the lishments have fewer than 10 employ- OF BUSINESS.—Paragraph (2) of section 45B(b) case of a reporting person who pays com- ees. Extending the tip tax credit to of the Internal Revenue Code of 1986 is pensation to 1 or more cosmetologists (other salon owners would allow them to rein- amended to read as follows: than as employees) for cosmetology services vest in their businesses and employees, ‘‘(2) APPLICATION ONLY TO CERTAIN LINES OF provided to third-party patrons, the require- create new jobs, granting new eco- BUSINESS.—In applying paragraph (1), there ments of this paragraph are met if such per- shall be taken into account only tips re- son meets the applicable requirements of nomic and employment opportunities ceived from customers or clients in connec- section 6041 (relating to returns filed by per- in their local communities. tion with— sons making payments of $600 or more in the I specifically want to explain what ‘‘(A) the providing, delivering, or serving of course of a trade or business), section 6041A this legislation would do. First, it food or beverages for consumption if the tip- (relating to returns to be filed by service-re- would provide the salon industry with ping of employees delivering or serving food cipients who pay more than $600 in a cal- the same type of tax credit currently or beverages by customers is customary, or endar year for services from a service pro- available in the restaurant industry. ‘‘(B) the providing of any cosmetology vider), and each other provision of this sub- The credit is for employers to offset service for customers or clients at a facility part that may be applicable to such com- the matching Social Security and licensed to provide such service if the tip- pensation. ping of employees providing such service is ‘‘(3) CHAIR RENTERS.— Medicare taxes that the salon pays on customary.’’ ‘‘(A) IN GENERAL.—In the case of a report- the tips that employees receive from (b) DEFINITION OF COSMETOLOGY SERVICE.— ing person who receives rent or other fees or customers. Next, the bill would help to Section 45B of the Internal Revenue Code of compensation from 1 or more cosmetologists make more even-handed IRS enforce- 1986 is amended by redesignating subsections for use of a chair or for rights to provide any

VerDate Mar 15 2010 02:45 May 27, 2010 Jkt 089060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\A26MY6.040 S26MYPT1 smartinez on DSKB9S0YB1PROD with SENATE S4446 CONGRESSIONAL RECORD — SENATE May 26, 2010 cosmetology service at a salon or other simi- ‘‘(xxvi) section 6050X(a) (relating to re- to critical lending opportunities, protected lar facility for more than 5 days in a cal- turns by cosmetology service providers), small businesses from excessive Federal reg- endar year, the requirements of this para- and’’. ulatory enforcement, played a key role in en- graph are met if such person— (2) Section 6724(d)(2) of such Code is amend- suring full and open competition for govern- ‘‘(i) makes a return, according to the forms ed by striking ‘‘or’’ at the end of subpara- ment contracts, and improved the economic or regulations prescribed by the Secretary, graph (GG), by striking the period at the end environment in which small business con- setting forth the name, address, and TIN of of subparagraph (HH) and inserting ‘‘, or’’, cerns compete; each such cosmetologist and the amount re- and by inserting after subparagraph (HH) the Whereas for more than 50 years, the Small ceived from each such cosmetologist, and following new subparagraph: Business Administration has helped millions ‘‘(ii) furnishes to each cosmetologist whose ‘‘(II) subsections (b)(3)(A)(ii) and (c) of sec- of entrepreneurs achieve the American name is required to be set forth on such re- tion 6050X (relating to cosmetology service dream of owning a small business and has turn a written statement showing— providers) even if the recipient is not a played a key role in fostering economic ‘‘(I) the name, address, and phone number payee.’’. growth; and of the information contact of the reporting (3) The table of sections for subpart B of Whereas the President has designated the person, part III of subchapter A of chapter 61 of such week beginning May 23, 2010, as ‘‘National ‘‘(II) the amount received from such cos- Code is amended by adding after the item re- Small Business Week’’: Now, therefore, be it metologist, and lating to section 6050W the following new Resolved, That the Senate— ‘‘(III) a statement informing such cos- item: (1) honors the entrepreneurial spirit of metologist that (as required by this section), ‘‘Sec. 6050X. Returns relating to cosme- small businesses in the United States during the reporting person has advised the Internal tology services and information ‘‘National Small Business Week’’, beginning Revenue Service that the cosmetologist pro- to be provided to cosmetolo- May 23, 2010; vided cosmetology services during the cal- gists.’’. (2) applauds the efforts and achievements endar year to which the statement relates. (c) EFFECTIVE DATE.—The amendments of the owners of small businesses and their ‘‘(B) METHOD AND TIME FOR PROVIDING made by this section shall apply to calendar employees, whose hard work and commit- STATEMENT.—The written statement required years after 2009. ment to excellence have made them a key by clause (ii) of subparagraph (A) shall be part of the economic vitality of the Nation; furnished (either in person or by first-class f (3) recognizes the work of the Small Busi- mail which includes adequate notice that the SUBMITTED RESOLUTIONS ness Administration and its resource part- statement or information is enclosed) to the ners in providing assistance to entrepreneurs person on or before January 31 of the year and small businesses; and following the calendar year for which the re- SENATE RESOLUTION 540—HON- (4) recognizes the importance of ensuring turn under clause (i) of subparagraph (A) is ORING THE ENTREPRENEURIAL that— to be made. SPIRIT OF SMALL BUSINESSES (A) the applicable procurement goals for ‘‘(c) TAXPAYER EDUCATION REQUIRE- IN THE UNITED STATES DURING small businesses, including the goals for MENTS.—In the case of a reporting person small businesses owned and controlled by who is required to provide a statement pur- ‘‘NATIONAL SMALL BUSINESS service-disabled veterans, small businesses suant to subsection (b), the requirements of WEEK’’, BEGINNING MAY 23, 2010 owned and controlled by women, HUBZone this subsection are met if such person pro- Ms. LANDRIEU (for herself, Ms. small businesses, and socially and economi- vides to each such cosmetologist annually a cally disadvantaged small businesses, are publication, as designated by the Secretary, SNOWE, Ms. CANTWELL, Mrs. SHAHEEN, Mr. KERRY, Mr. BAYH, Mr. CARDIN, Mr. reached by all Federal agencies; describing— (B) guaranteed loans and microloans for BOND, Mr. VITTER, Mr. ENZI, Mr. ‘‘(1) in the case of an employee, the tax and start-up and growing small businesses, are tip reporting obligations of employees, and ISAKSON, Mr. WICKER, Mr. RISCH, and made available to all qualified small busi- ‘‘(2) in the case of a cosmetologist who is Mr. THUNE) submitted the following nesses; not an employee of the reporting person, the resolution; which was considered and (C) the management assistance programs tax obligations of independent contractors or agreed to: delivered by resource partners on behalf of proprietorships. S. RES. 540 the Small Business Administration, such as The publications shall be furnished either in Whereas the approximately 29,600,000 small Small Business Development Centers, Wom- person or by first-class mail which includes businesses in the United States are the driv- en’s Business Centers, Veterans Business adequate notice that the publication is en- ing force behind the economy of the Nation, Outreach Centers, and the Service Corps of closed. Retired Executives, are provided with the ‘‘(d) DEFINITIONS.—For purposes of this sec- creating more than 64 percent of all net new jobs and generating more than 50 percent of Federal resources necessary to provide small tion— businesses the technical assistance and coun- ‘‘(1) COSMETOLOGIST.— the non-farm gross domestic product of the Nation; seling that they desperately need; ‘‘(A) IN GENERAL.—The term ‘cosmetolo- (D) small business disaster assistance gist’ means an individual who provides any Whereas small businesses will play an inte- gral role in rebuilding the economy of the through the Small Business Administration cosmetology service. is provided in a timely and efficient manner; ‘‘(B) ANTI-AVOIDANCE RULE.—The Secretary Nation; Whereas small businesses are the Nation’s (E) Federal tax policy spurs small business may by regulation or ruling expand the term growth, creates jobs, and increases competi- ‘cosmetologist’ to include any entity or ar- innovators, producing 13 times more patents per employee as large firms, and advancing tiveness; rangement if the Secretary determines that (F) the Federal Government reduces the entities are being formed to circumvent the technology and productivity; Whereas only 1 percent of all small busi- regulatory compliance burden on small busi- reporting requirements of this section. nesses; ‘‘(2) COSMETOLOGY SERVICE.—The term ‘cos- nesses export and produce 31 percent of ex- ported goods; (G) advanced technology policy facilitates metology service’ has the meaning given to access to affordable broadband Internet serv- such term by section 45B(c). Whereas Congress established the Small Business Administration in 1953 to aid, coun- ice to foster rural small business growth; and ‘‘(3) CHAIR.—The term ‘chair’ includes a (H) systems of intellectual property pro- chair, booth, or other furniture or equipment sel, assist, and protect the interests of small businesses in order to preserve free and com- tection continues to foster small business in- from which an individual provides a cosme- novation. tology service (determined without regard to petitive enterprise, to ensure that a fair pro- whether the cosmetologist is entitled to use portion of the total purchases, contracts, f a specific chair, booth, or other similar fur- and subcontracts for property and services AMENDMENTS SUBMITTED AND for the Federal Government are placed with niture or equipment or has an exclusive PROPOSED right to use any such chair, booth, or other small businesses, to make certain that a fair similar furniture or equipment). proportion of the total sales of Federal Gov- SA 4236. Mr. NELSON of Florida (for him- ‘‘(e) EXCEPTIONS FOR CERTAIN EMPLOY- ernment property are made to such small self and Mr. LEMIEUX) submitted an amend- EES.—Subsection (c) shall not apply to a re- businesses, and to maintain and strengthen ment intended to be proposed by him to the porting person with respect to an employee the overall economy of the Nation; bill H.R. 4899, making emergency supple- who is employed in a capacity for which tip- Whereas every year since 1963 the Presi- mental appropriations for disaster relief and ping (or sharing tips) is not customary.’’. dent of the United States has proclaimed a summer jobs for the fiscal year ending Sep- (b) CONFORMING AMENDMENTS.— National Small Business Week to recognize tember 30, 2010, and for other purposes; which (1) Section 6724(d)(1)(B) of the Internal the contributions of small businesses to the was ordered to lie on the table. Revenue Code of 1986 (relating to the defini- economic well-being of the United States; SA 4237. Mr. NELSON of Florida submitted tion of information returns) is amended by Whereas in 2010, ‘‘National Small Business an amendment intended to be proposed by striking ‘‘or’’ at the end of clause (xxiv), by Week’’ will honor the estimated 29,600,000 him to the bill H.R. 4899, supra; which was striking ‘‘and’’ at the end of clause (xxv) and small businesses in the United States; ordered to lie on the table. inserting ‘‘or’’, and by adding after clause Whereas the Small Business Administra- SA 4238. Mr. VITTER submitted an amend- (xxv) the following new clause: tion has helped small businesses with access ment intended to be proposed by him to the

VerDate Mar 15 2010 02:06 May 27, 2010 Jkt 089060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\A26MY6.035 S26MYPT1 smartinez on DSKB9S0YB1PROD with SENATE May 26, 2010 CONGRESSIONAL RECORD — SENATE S4447 bill H.R. 4899, supra; which was ordered to lie bill H.R. 4899, supra; which was ordered to lie SA 4278. Mr. GRAHAM submitted an on the table. on the table. amendment intended to be proposed by him SA 4239. Mr. VITTER submitted an amend- SA 4258. Mr. BOND (for himself and Mr. to the bill H.R. 4899, supra; which was or- ment intended to be proposed by him to the COBURN) submitted an amendment intended dered to lie on the table. bill H.R. 4899, supra; which was ordered to lie to be proposed by him to the bill H.R. 4899, SA 4279. Mr. BINGAMAN (for himself, Mr. on the table. supra; which was ordered to lie on the table. UDALL of Colorado, Ms. MURKOWSKI, and Mr. SA 4240. Mr. MENENDEZ (for himself, Mr. SA 4259. Mr. BOND (for himself and Mr. BENNET) submitted an amendment intended NELSON, of Florida, Mr. LAUTENBERG, Mrs. COBURN) submitted an amendment intended to be proposed by him to the bill H.R. 4899, MURRAY, Mr. SCHUMER, Mrs. GILLIBRAND, Mr. to be proposed by him to the bill H.R. 4899, supra; which was ordered to lie on the table. KAUFMAN, and Mr. FRANKEN) submitted an supra; which was ordered to lie on the table. SA 4280. Mr. SANDERS submitted an amendment intended to be proposed by him SA 4260. Mr. LUGAR submitted an amend- amendment intended to be proposed by him to the bill H.R. 4899, supra; which was or- ment intended to be proposed by him to the to the bill H.R. 4899, supra; which was or- dered to lie on the table. bill H.R. 4899, supra; which was ordered to lie dered to lie on the table. SA 4241. Mrs. BOXER submitted an amend- on the table. SA 4281. Mr. SANDERS submitted an ment intended to be proposed by her to the SA 4261. Mr. BROWN of Ohio submitted an amendment intended to be proposed by him bill H.R. 4899, supra; which was ordered to lie amendment intended to be proposed by him to the bill H.R. 4899, supra; which was or- on the table. to the bill H.R. 4899, supra; which was or- dered to lie on the table. SA 4242. Mr. SHELBY (for himself, Mr. dered to lie on the table. SA 4282. Mr. PRYOR (for himself, Mrs. LIN- VITTER, Mr. WICKER, and Ms. LANDRIEU) sub- SA 4262. Mr. BYRD submitted an amend- COLN, Mr. VITTER, Mr. BROWNBACK, Mr. COCH- mitted an amendment intended to be pro- ment intended to be proposed by him to the RAN, and Mr. ROBERTS) submitted an amend- posed by him to the bill H.R. 4899, supra; bill H.R. 4899, supra; which was ordered to lie ment intended to be proposed by him to the which was ordered to lie on the table. on the table. bill H.R. 4899, supra; which was ordered to lie SA 4243. Mr. NELSON of Florida submitted SA 4263. Mr. LEAHY submitted an amend- on the table. an amendment intended to be proposed by ment intended to be proposed by him to the SA 4283. Ms. SNOWE submitted an amend- him to the bill H.R. 4899, supra; which was bill H.R. 4899, supra; which was ordered to lie ment intended to be proposed by her to the ordered to lie on the table. on the table. bill H.R. 4899, supra; which was ordered to lie SA 4244. Mr. BINGAMAN (for himself, Mr. SA 4264. Ms. MURKOWSKI submitted an on the table. UDALL of Colorado, Mr. JOHNSON, Mr. BEN- amendment intended to be proposed by her SA 4284. Ms. SNOWE submitted an amend- NET, and Mr. BAUCUS) submitted an amend- to the bill H.R. 4899, supra; which was or- ment intended to be proposed by her to the ment intended to be proposed by him to the dered to lie on the table. bill H.R. 4899, supra; which was ordered to lie bill H.R. 4899, supra; which was ordered to lie SA 4265. Mr. HATCH submitted an amend- on the table. on the table. ment intended to be proposed by him to the SA 4285. Mr. SCHUMER (for himself and SA 4245. Mr. LEAHY submitted an amend- bill H.R. 4899, supra; which was ordered to lie Mr. REID) submitted an amendment intended ment intended to be proposed by him to the on the table. to be proposed by him to the bill H.R. 4899, bill H.R. 4899, supra; which was ordered to lie SA 4266. Mr. BINGAMAN (for himself and supra; which was ordered to lie on the table. on the table. Ms. MURKOWSKI) submitted an amendment SA 4286. Mr. SCHUMER (for himself, Mr. SA 4246. Mr. LEAHY submitted an amend- intended to be proposed by him to the bill REID, and Mr. BYRD) submitted an amend- ment intended to be proposed by him to the H.R. 4899, supra; which was ordered to lie on ment intended to be proposed by him to the bill H.R. 4899, supra; which was ordered to lie the table. bill H.R. 4899, supra; which was ordered to lie on the table. SA 4267. Mr. BINGAMAN (for himself, Ms. on the table. SA 4247. Mr. LEAHY submitted an amend- MURKOWSKI, and Mrs. SHAHEEN) submitted an SA 4287. Mr. SHELBY (for himself, Mr. ment intended to be proposed by him to the amendment intended to be proposed by him VITTER, and Mr. LEMIEUX) submitted an bill H.R. 4899, supra; which was ordered to lie to the bill H.R. 4899, supra; which was or- amendment intended to be proposed by him on the table. dered to lie on the table. to the bill H.R. 4899, supra; which was or- SA 4248. Mr. LEAHY submitted an amend- SA 4268. Mr. BINGAMAN (for himself and dered to lie on the table. ment intended to be proposed by him to the Ms. MURKOWSKI) submitted an amendment SA 4288. Ms. SNOWE submitted an amend- bill H.R. 4899, supra; which was ordered to lie intended to be proposed by him to the bill ment intended to be proposed by her to the on the table. H.R. 4899, supra; which was ordered to lie on bill H.R. 4899, supra; which was ordered to lie SA 4249. Mr. LEAHY submitted an amend- the table. on the table. ment intended to be proposed by him to the SA 4269. Ms. KLOBUCHAR (for herself, Mr. SA 4289. Mr. MENENDEZ (for himself, Mr. bill H.R. 4899, supra; which was ordered to lie DORGAN, Mr. ENSIGN, Mr. BEGICH, and Mr. NELSON of Florida, Mr. LAUTENBERG, Mrs. on the table. LEMIEUX) submitted an amendment intended MURRAY, Mr. SCHUMER, Mrs. GILLIBRAND, Mr. SA 4250. Mr. MCCAIN submitted an amend- to be proposed by her to the bill H.R. 4899, KAUFMAN, and Mr. FRANKEN) submitted an ment intended to be proposed by him to the supra; which was ordered to lie on the table. amendment intended to be proposed to bill H.R. 4899, supra; which was ordered to lie SA 4270. Mr. CARDIN submitted an amend- amendment SA 4174 proposed by Mr. REID to on the table. ment intended to be proposed by him to the the bill H.R. 4899, supra. SA 4251. Mr. MERKLEY (for himself, Mrs. bill H.R. 4899, supra; which was ordered to lie SA 4290. Ms. LANDRIEU submitted an FEINSTEIN, Mrs. BOXER, and Mr. WYDEN) sub- on the table. amendment intended to be proposed by her mitted an amendment intended to be pro- SA 4271. Mr. CARDIN submitted an amend- to the bill H.R. 4899, supra; which was or- posed by him to the bill H.R. 4899, supra; ment intended to be proposed by him to the dered to lie on the table. which was ordered to lie on the table. bill H.R. 4899, supra; which was ordered to lie SA 4291. Ms. LANDRIEU submitted an SA 4252. Mr. VITTER submitted an amend- on the table. amendment intended to be proposed by her ment intended to be proposed by him to the SA 4272. Mr. ROCKEFELLER submitted an to the bill H.R. 4899, supra; which was or- bill H.R. 4899, supra; which was ordered to lie amendment intended to be proposed by him dered to lie on the table. on the table. to the bill H.R. 4899, supra; which was or- SA 4292. Mr. WICKER submitted an amend- ment intended to be proposed by him to the SA 4253. Ms. COLLINS (for herself, Mr. AL- dered to lie on the table. bill H.R. 4899, supra; which was ordered to lie EXANDER, Mr. BOND, Mr. VOINOVICH, Mr. SA 4273. Mr. BURR submitted an amend- on the table. INHOFE, Ms. SNOWE, Mr. BEGICH, Mr. THUNE, ment intended to be proposed by him to the SA 4293. Mr. BOND submitted an amend- Mr. COBURN, Mr. GREGG, Ms. MURKOWSKI, Mr. bill H.R. 4899, supra; which was ordered to lie ment intended to be proposed by him to the CORKER, Mr. BARRASSO, and Mr. BROWN of on the table. Massachusetts) submitted an amendment in- SA 4274. Mr. BURR submitted an amend- bill H.R. 4899, supra; which was ordered to lie tended to be proposed by her to the bill H.R. ment intended to be proposed by him to the on the table. SA 4294. Mr. VITTER submitted an amend- 4899, supra. bill H.R. 4899, supra; which was ordered to lie ment intended to be proposed to amendment SA 4254. Mr. NELSON of Florida submitted on the table. SA 4175 proposed by Mr. LAUTENBERG to the an amendment intended to be proposed by SA 4275. Mr. BURR submitted an amend- bill H.R. 4899, supra; which was ordered to lie him to the bill H.R. 4899, supra; which was ment intended to be proposed by him to the on the table. ordered to lie on the table. bill H.R. 4899, supra; which was ordered to lie SA 4295. Mr. KERRY submitted an amend- SA 4255. Mr. ISAKSON (for himself and Mr. on the table. ment intended to be proposed by him to the CHAMBLISS) submitted an amendment in- SA 4276. Mr. WICKER (for himself, Mr. bill H.R. 4213, to amend the Internal Revenue tended to be proposed by him to the bill H.R. SHELBY, and Mr. LEMIEUX) submitted an Code of 1986 to extend certain expiring provi- 4899, supra; which was ordered to lie on the amendment intended to be proposed by him sions, and for other purposes; which was or- table. to the bill H.R. 4899, supra; which was or- dered to lie on the table. SA 4256. Ms. KLOBUCHAR submitted an dered to lie on the table. amendment intended to be proposed by her SA 4277. Mr. WICKER (for himself, Mr. f to the bill H.R. 4899, supra; which was or- SHELBY, and Mr. LEMIEUX) submitted an TEXT OF AMENDMENTS dered to lie on the table. amendment intended to be proposed by him SA 4257. Mr. BOND submitted an amend- to the bill H.R. 4899, supra; which was or- SA 4236. Mr. NELSON of Florida (for ment intended to be proposed by him to the dered to lie on the table. himself and Mr. LEMIEUX) submitted

VerDate Mar 15 2010 04:34 May 27, 2010 Jkt 089060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\A26MY6.037 S26MYPT1 smartinez on DSKB9S0YB1PROD with SENATE S4448 CONGRESSIONAL RECORD — SENATE May 26, 2010 an amendment intended to be proposed (16 U.S.C. 1431 et seq.), or the Marine Mam- fiscal year ending September 30, 2010, by him to the bill H.R. 4899, making mal Protection Act of 1972 (16 U.S.C. 1361 et and for other purposes; which was or- emergency supplemental appropria- seq.); and dered to lie on the table; as follows: tions for disaster relief and summer (3) applicable requirements of the Marine Mammal Protection Act of 1972 (16 U.S.C. On page 11, after line 22, add the following: jobs for the fiscal year ending Sep- 1361 et seq.). GENERAL PROVISIONS—THIS CHAPTER tember 30, 2010, and for other purposes; which was ordered to lie on the table; SEC. 201. NATIONAL ACADEMY OF SCIENCES SA 4238. Mr. VITTER submitted an STUDY OF LONG-TERM ECOSYSTEM as follows: amendment intended to be proposed by SERVICE IMPACTS OF THE DEEP- On page 79, between lines 3 and 4, insert him to the bill S. 4899, making emer- WATER HORIZON OIL SPILL ON THE the following: gency supplemental appropriations for GULF OF MEXICO. (b) ASSESSMENT OF ENVIRONMENTAL IM- disaster relief and summer jobs for the (a) AGREEMENT.— PACTS.— fiscal year ending September 30, 2010, (1) IN GENERAL.—The Secretary of Com- (1) DEFINITIONS.—In this subsection: merce shall seek to enter into an agreement (A) DEEPWATER HORIZON OIL DISCHARGE.— and for other purposes; which was or- with the National Academy of Sciences to The term ‘‘Deepwater Horizon oil discharge’’ dered to lie on the table, as follows: perform the services covered by this section. means the discharge of oil and the use of oil On page 79, between lines 3 and 4, insert (2) TIMING.—The Secretary shall seek to dispersants that began in 2010 in connection the following: enter into the agreement described in para- with the explosion on, and sinking of, the SEC. 20ll. LIABILITY FOR DEEPWATER HORI- graph (1) not later than 30 days after the mobile offshore drilling unit Deepwater Ho- ZON OIL SPILL. date of the enactment of this Act. rizon in the Gulf of Mexico. (a) IN GENERAL.—Congress finds that— (b) STUDY.—Under an agreement between (B) RESPONSIBLE PARTY.—The term ‘‘re- (1) executives of British Petroleum Explo- the Secretary and the National Academy of sponsible party’’ means a responsible party ration & Production, Incorporated (referred Sciences under this section, the National (as defined in section 1001 of the Oil Pollu- to in this section as ‘‘BP’’) testified before Academy of Sciences shall carry out a 1-year tion Act of 1990 (33 U.S.C. 2701)) with respect Congress in May 2010 that BP would pay all study of the long-term ecosystem service im- to the Deepwater Horizon oil discharge. legitimate claims relating to the Deepwater pacts of the Deepwater Horizon oil spill on (2) APPROPRIATIONS OF FUNDS.— Horizon explosion and oil spill that exceed the Gulf of Mexico. In carrying out the (A) IN GENERAL.—For an additional existing applicable economic liability limi- study, the National Academy of Sciences amount, in addition to amounts provided tations; shall assess the long-term costs to the public elsewhere in this Act for ‘‘Operations, Re- (2) a letter from the Group Chief Executive of the effect of the oil spill on the following: search, and Facilities’’ of the National Oce- of BP to the Secretaries of Homeland Secu- (1) Water filtration for such communities. anic and Atmospheric Administration, rity and the Interior dated May 16, 2010, evi- (2) Hunting in the region near the Gulf of $22,400,000 to carry out enhanced fisheries dences an offer of BP to modify the oil and Mexico. data collection in the Gulf of Mexico to as- gas leasing contract involved in the Deep- (3) Fishing, including both commercial and sess environmental impacts related to the water Horizon incident to incorporate new recreational fishing, in and near the Gulf of Deepwater Horizon oil discharge. terms of liability by stating that BP is ‘‘pre- Mexico. (B) GRANTS TO FISHERMEN.—Of the amount pared to pay above $75 million’’ on ‘‘all le- (4) Such other economic values as the Na- appropriated under subparagraph (A), gitimate claims’’ relating to that explosion tional Academy of Sciences considers rel- $5,000,000 shall be available to provide coop- and oil spill; evant to the communities near the Gulf of erative research grants to fishermen to col- (3) that offer is acceptable to Congress and Mexico. lect data to establish ecosystem baselines to to the Secretary of the Interior; (c) REPORT.—Not later than 60 days after assist managers in fully understanding the (4) all documented legitimate claims pur- the completion of the study carried out extent of the damage that resulted from the suant to the Oil Pollution Act of 1990 (33 under this section, the Secretary shall sub- Deepwater Horizon oil discharge. U.S.C. 2701 et seq.) for economic damages re- mit to Congress a report on the results of (3) LIABILITY AND REIMBURSEMENT.—Not- lating to the Deepwater Horizon explosion such study. withstanding any limitation on liability and oil spill should be paid by BP without (d) ALTERNATE CONTRACT SCIENTIFIC ORGA- under section 1004 of the Oil Pollution Act of limit on liability; NIZATION.— 1990 (33 U.S.C. 2704) or any other provision of (5) BP should provide to the Federal Gov- (1) IN GENERAL.—If the Secretary is unable law, each responsible party shall, upon the ernment any claims relating to the Deep- within the time period prescribed in sub- demand of the Secretary of the Treasury, re- water Horizon explosion and oil spill that BP section (a)(2) to enter into an agreement de- imburse the general fund of the Treasury for fails to pay; and scribed in subsection (a)(1) with the National the amount appropriated pursuant to para- (6) if the Federal Government finds pursu- Academy of Sciences on terms acceptable to graph (2). ant to the Oil Pollution Act of 1990 (33 U.S.C. the Secretary, the Secretary shall seek to 2701 et seq.) that such claims are legitimate Mr. NELSON of Florida sub- enter into such an agreement with another SA 4237. under that Act, the claims should be re- appropriate scientific organization that— mitted an amendment intended to be turned to BP for immediate payment. (A) is not part of the Government; proposed by him to the bill S. 4899, (b) DIRECTIVE TO SECRETARY OF THE INTE- (B) operates as a not-for-profit entity; and making emergency supplemental ap- RIOR.— (C) has expertise and objectivity com- propriations for disaster relief and (1) IN GENERAL.—Notwithstanding any parable to that of the National Academy of other provision of law, the Secretary of the Sciences. summer jobs for the fiscal year ending Interior (referred to in this section as the September 30, 2010, and for other pur- (2) TREATMENT.—If the Secretary enters ‘‘Secretary’’) shall— into an agreement with another organization poses; which was ordered to lie on the (A) accept the new terms of liability of- table, as follows: as described in paragraph (1), any reference fered by BP in the letter described in sub- in this section to the National Academy of On page 79, between lines 3 and 4, insert section (a)(2); and Sciences shall be treated as a reference to the following: (B) consider the oil and gas leasing con- the other organization. tract involved in the Deepwater Horizon in- OIL AND GAS LEASING (e) AUTHORIZATION OF APPROPRIATIONS AND cident as being amended to reflect those new SEC. 20ll. Notwithstanding any other DIRECT SPENDING.— terms. provision of law, none of the funds made (1) IN GENERAL.—There is authorized to be (2) PAYMENT OF CLAIMS.— available by this Act shall be used by the appropriated and is appropriated to the Sec- (A) IN GENERAL.—As an inherent condition Secretary of the Interior to conduct any oil retary, $1,000,000 to carry out this section. of the amended lease described in paragraph and natural gas leasing, preleasing, or re- (2) EMERGENCY DESIGNATION.—The amount (1), BP shall present to the Secretary each lated activities in the outer Continental appropriated under paragraph (1) is des- claim relating to the Deepwater Horizon ex- Shelf without the concurrence of the Admin- ignated as an emergency requirement and plosion and oil spill that BP fails to pay. istrator of the National Oceanic and Atmos- necessary to meet emergency needs pursuant (B) FINDING OF LEGITIMACY.—As a further pheric Administration, after the Adminis- to sections 403(a) and 423(b) of S. Con. Res. 13 inherent condition of the amended lease, if trator of the National Oceanic and Atmos- (111th Congress), the concurrent resolution the Secretary finds a claim described in sub- pheric Administration takes into account— on the budget for fiscal year 2010. (1) available scientific information, includ- paragraph (A) to be legitimate for payment ing information on siting, mitigation, and by BP, the claim shall be returned to BP for immediate payment. SA 4240. Mr. MENENDEZ (for him- habitat conservation; and self, Mr. NELSON of Florida, Mr. LAU- (2) the effect on living marine resources Mr. VITTER submitted an TENBERG, Mrs. MURRAY, Mr. SCHUMER, managed or protected under the Magnuson- SA 4239. Stevens Fishery Conservation and Manage- amendment intended to be proposed by Mrs. GILLIBRAND, Mr. KAUFMAN, and ment Act (16 U.S.C. 1801 et seq.), the Endan- him to the bill H.R. 4899, making emer- Mr. FRANKEN) submitted an amend- gered Species Act of 1973 (16 U.S.C. 1531 et gency supplemental appropriations for ment intended to be proposed by him seq.), the National Marine Sanctuaries Act disaster relief and summer jobs for the to the bill S. 4899, making emergency

VerDate Mar 15 2010 02:06 May 27, 2010 Jkt 089060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\A26MY6.039 S26MYPT1 smartinez on DSKB9S0YB1PROD with SENATE May 26, 2010 CONGRESSIONAL RECORD — SENATE S4449 supplemental appropriations for dis- and Management Act (16 U.S.C. 1861a) re- around Port-au-Prince, particularly for vul- aster relief and summer jobs for the fis- lated to a commercial fishery failure due to nerable women and children; cal year ending September 30, 2010, and a fishery resource disaster in the Gulf of (2) support the United Nations Secretary- for other purposes; which was ordered Mexico that resulted from the Deepwater Ho- General’s request for an increase in the size rizon oil discharge. of the United Nations Police and seek addi- to lie on the table, as follows: (2) EXPANDED STOCK ASSESSMENT OF FISH- tional Creole-speakers and members of the On page 79, between lines 3 and 4, insert ERIES.—For an additional amount, in addi- Haitian Diaspora to support a temporary the following: tion to other amounts provided in this Act surge in the police force during this critical REMOVAL OF LIMITS ON LIABILITY FOR for the National Oceanic and Atmospheric period; OFFSHORE FACILITIES Administration, $15,000,000 to conduct an ex- (3) continue to assist the Government of SEC. 2002. (a) Section 1004(a)(3) of the Oil panded stock assessment of the fisheries of Haiti in reforming and restructuring the Pollution Act of 1990 (33 U.S.C. 2704(a)(3)) is the Gulf of Mexico. Such expanded stock as- HNP by supporting the monitoring, men- amended by striking ‘‘plus $75,000,000’’ and sessment shall include an assessment of the toring, training, and vetting of police per- inserting ‘‘and the liability of the respon- commercial and recreational catch and bio- sonnel and strengthening HNP’s institu- sible party under section 1002’’. logical sampling, observer programs, data tional and operational capacities; (b) The amendment made by this section management and processing activities, the (4) support the Government of Haiti’s adop- takes effect on April 15, 2010. conduct of assessments, and follow-up eval- tion and implementation of a national reset- uations of such fisheries. tlement policy to speed the movement of the SA 4241. Mrs. BOXER submitted an (3) ECOSYSTEM SERVICES IMPACTS STUDY.— most vulnerable populations, both in Port- amendment intended to be proposed by For an additional amount, in addition to au-Prince and other areas, to transitional her to the bill S. 4899, making emer- other amounts provided for the Department safe housing and other community-based re- gency supplemental appropriations for of Commerce, $1,000,000 to be available for settlement solutions; and the National Academy of Sciences to con- (5) coordinate with the Government of disaster relief and summer jobs for the duct a study of the long-term ecosystem Haiti and the other United Nations agencies fiscal year ending September 30, 2010, service impacts of the Deepwater Horizon oil operating in Haiti to achieve the goals of the and for other purposes; which was or- discharge. Such study shall assess long-term mission, including the conduct of national dered to lie on the table, as follows: costs to the public of lost water filtration, and municipal elections. At the end of chapter 3 of title I, add the hunting, and fishing (commercial and rec- following: reational), and other ecosystem services as- SA 4244. Mr. BINGAMAN (for him- sociated with the Gulf of Mexico. self, Mr. UDALL of Colorado, Mr. JOHN- SUPPORT OF FISHER HOUSE FOUNDATION (c) LIABILITY AND REIMBURSEMENT.—Not- SON, Mr. BENNET, and Mr. BAUCUS) sub- SEC. 309. Of the amount appropriated by withstanding any limitation on liability mitted an amendment intended to be this chapter under the heading ‘‘IRAQ SECU- under section 1004 of the Oil Pollution Act of RITY FORCES FUND’’, $18,000,000 shall be avail- proposed by him to the bill H.R. 4899, 1990 (33 U.S.C. 2704) or any other provision of making emergency supplemental ap- able for a grant by the Secretary of Defense law, each responsible party shall, upon the to the Fisher House Foundation for the con- demand of the Secretary of the Treasury, re- propriations for disaster relief and struction and furnishing of facilities to meet imburse the Oil Spill Liability Trust Fund summer jobs for the fiscal year ending the needs of military families confronting for the amounts made available pursuant to September 30, 2010, and for other pur- the illness or hospitalization of eligible mili- subsection (b). poses; which was ordered to lie on the tary beneficiaries. table; as follows: SA 4243. Mr. NELSON of Florida sub- Mr. SHELBY (for himself, On page 8, between lines 8 and 9, insert the SA 4242. mitted an amendment intended to be Mr. VITTER, Mr. WICKER, and Ms. following: proposed by him to the bill H.R. 4899, LANDRIEU) submitted an amendment FOREST SERVICE making emergency supplemental ap- intended to be proposed by him to the NATIONAL FOREST SYSTEM propriations for disaster relief and bill H.R. 4899, making emergency sup- For an additional amount for ‘‘National summer jobs for the fiscal year ending plemental appropriations for disaster Forest System’’, for the protection of public September 30, 2010, and for other pur- relief and summer jobs for the fiscal health and safety through the removal of poses; which was ordered to lie on the hazard trees killed by bark beetles, year ending September 30, 2010, and for table; as follows: $60,000,000, to remain available until ex- other purposes; which was ordered to pended: Provided, That any of the funds made lie on the table; as follows: On page 81, between line 23 and 24, insert the following: available under this heading may be trans- On page 79, between lines 3 and 4, insert ferred by the Secretary of Agriculture to the SEC. ll. SENSE OF THE SENATE REGARDING ‘‘Capital Improvement and Maintenance’’ ac- the following: HAITI. count to carry out the purposes of the mat- FUNDING FOR ENVIRONMENTAL AND FISHERIES (a) FINDINGS.—The Senate makes the fol- ter under this heading. IMPACTS lowing findings: SEC. 2002. (a) DEFINITIONS.—In this section: (1) A stable and democratic Republic of On page 77, between lines 7 and 8, insert (1) DEEPWATER HORIZON OIL DISCHARGE.— Haiti is in the long-term national security the following: The term ‘‘Deepwater Horizon oil discharge’’ interest of the United States. NATIONAL PARK SERVICE means the discharge of oil and the use of oil (2) The United States is committed to help- OPERATION OF THE NATIONAL PARK SYSTEM dispersants that began in 2010 in connection ing Haiti achieve long-term stability, For an additional amount for ‘‘Operation with the explosion on, and sinking of, the through a commitment of long-term recon- of the National Park System’’, for the pro- mobile offshore drilling unit Deepwater Ho- struction and rehabilitation assistance fol- tection of public health and safety through rizon in the Gulf of Mexico. lowing the January 12, 2010 earthquake in the removal of hazard trees killed by bark (2) OIL SPILL LIABILITY TRUST FUND.—The Haiti. beetles, $10,000,000, to remain available until term ‘‘Oil Spill Liability Trust Fund’’ means (3) The United Nations Stabilization Mis- expended. the Oil Spill Liability Trust Fund estab- sion in Haiti (MINUSTAH) remains a vital lished under section 9509 of the Internal Rev- force in maintaining security and stability SA 4245. Mr. LEAHY submitted an enue Code of 1986 (26 U.S.C. 9509). for the Haitian people in the aftermath of amendment intended to be proposed by (3) RESPONSIBLE PARTY.—The term ‘‘re- the earthquake. him to the bill H.R. 4899, making emer- sponsible party’’ means a responsible party (4) United Nations Security Council Reso- gency supplemental appropriations for (as defined in section 1001 of the Oil Pollu- lution 1908 (adopted January 19, 2010) en- disaster relief and summer jobs for the tion Act of 1990 (33 U.S.C. 2701)) with respect dorsed the Secretary-General’s recommenda- to the Deepwater Horizon oil discharge. tion to increase the overall force levels of fiscal year ending September 30, 2010, (b) AVAILABILITY OF FUNDS.—Notwith- the MINUSTAH to support the post-earth- and for other purposes; which was or- standing any provision of section 9509 of the quake recovery, reconstruction, and sta- dered to lie on the table; as follows: Internal Revenue Code of 1986 (26 U.S.C. bility efforts in Haiti. On page 58, line 19, after the period insert 9509), amounts from the Oil Spill Liability (b) SENSE OF THE SENATE.—It is the sense the following: Trust Fund shall be made available for the of the Senate that the United States should (c). Of the funds appropriated in this chap- following purposes: support a strengthened mandate for the ter and in prior acts making appropriations (1) FISHERIES DISASTER RELIEF.—For an ad- United Nations Stabilization Mission in for the Department of State, foreign oper- ditional amount, in addition to other Haiti (MINUSTAH) to— ations, and related programs under the head- amounts provided in this Act for the Na- (1) ensure that the MINUSTAH mandate ings ‘‘Diplomatic and Consular Programs’’ tional Oceanic and Atmospheric Administra- enables the United Nations Police, in coordi- and ‘‘Embassy Security, Construction, and tion, $20,000,000 to be available to provide nation with the Haitian National Police Maintenance’’ for Afghanistan, Pakistan and fisheries disaster relief under section 312 of (HNP), to guarantee security in the inter- Iraq, up to $300,000,000 may, after consulta- the Magnuson-Stevens Fishery Conservation nally displaced people (IDP) camps in and tion with the Committees on Appropriations,

VerDate Mar 15 2010 02:06 May 27, 2010 Jkt 089060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\A26MY6.044 S26MYPT1 smartinez on DSKB9S0YB1PROD with SENATE S4450 CONGRESSIONAL RECORD — SENATE May 26, 2010 be transferred between, and merged with, ghanistan law as of December 31, 2009, and P–25 compliant radios, which may include a such appropriations for activities related to with no members appointed by the President multi-band option, for State and local law security for civilian led operations in such of Afghanistan; and’’. enforcement agents working in Santa Cruz, countries. Pima, Cochise, Yuma, Pinal, Maricopa, or SA 4250. Mr. MCCAIN submitted an Graham County in the State of Arizona. SA 4246. Mr. LEAHY submitted an amendment intended to be proposed by (B) ACCESS TO FEDERAL SPECTRUM.—If a amendment intended to be proposed by him to the bill H.R. 4899, making emer- State, tribal, or local law enforcement agen- him to the bill H.R. 4899, making emer- gency supplemental appropriations for cy in Arizona experiences an emergency situ- gency supplemental appropriations for disaster relief and summer jobs for the ation that necessitates immediate commu- disaster relief and summer jobs for the fiscal year ending September 30, 2010, nication with the Department of Justice, the Department of Homeland Security, or any of fiscal year ending September 30, 2010, and for other purposes; which was or- their respective subagencies, such law en- and for other purposes; which was or- dered to lie on the table; as follows: forcement agency shall have access to the dered to lie on the table; as follows: At the end of chapter 6 of title I, add the spectrum assigned to such Federal agency On page 69, strike lines 4 through 8. following: for the duration of such emergency situa- SOUTHWEST BORDER EMERGENCY tion. SA 4247. Mr. LEAHY submitted an COMMUNICATIONS GRANTS (c) DEFINITIONS.—In this section: amendment intended to be proposed by SEC. 608. (a) SOUTHWEST BORDER EMER- (1) TUCSON SECTOR BORDER.—The term him to the bill H.R. 4899, making emer- GENCY COMMUNICATIONS GRANTS.— ‘‘Tucson Sector border’’ means the 262-mile gency supplemental appropriations for (1) IN GENERAL.—The Secretary of Home- section of international border between the disaster relief and summer jobs for the land Security, in consultation with the Gov- United States and Mexico that— (A) begins in Yuma County, Arizona; and fiscal year ending September 30, 2010, ernor of Arizona, shall establish a 2-year grant program, to be administered by the (B) ends at the State boundary line be- and for other purposes; which was or- tween Arizona and New Mexico. dered to lie on the table; as follows: State of Arizona, to improve emergency communications along the Tucson Sector (2) YUMA SECTOR BORDER.—The term On page 70, after line 19, add the following: border and the Yuma Sector border. ‘‘Yuma Sector border’’ means the 110-mile TECHNICAL CORRECTION REGARDING IRAN SANC- (2) ELIGIBILITY FOR GRANTS.—An individual section of international border between the TIONS RESTRICTIONS RELATING TO EXPORT- is eligible to receive a grant under this sub- United States and Mexico that— IMPORT BANK section if the individual demonstrates that (A) begins in Pima County, Arizona; and SEC. 1019. Section 7043(b)(1) of the Depart- he or she— (B) ends at the State boundary line be- ment of State, Foreign Operations, and Re- (A) regularly resides or works near the tween Arizona and California. lated Agencies Appropriations Act, 2010 (di- Tucson Sector border or the Yuma Sector (d) FUNDING.— vision F of Public Law 111-117; 123 Stat. 3370), border; (1) IN GENERAL.—The amount appropriated is amended by striking ‘‘for any project con- (B) is at greater risk of border violence due or otherwise made available by this chapter trolled by an energy producer or refiner that to the lack of cellular service at his or her is hereby increased by $73,000,000, with the continues to’’ and inserting ‘‘for any energy residence or business and his or her prox- amount of the increase to be available until project of an energy company unless such imity to such border. expended for purposes of carrying out this company has certified that it does not’’. (3) USE OF GRANTS.—Grants awarded under section, including the transfer by the Sec- this subsection may be used to purchase sat- retary of Homeland Security of $35,000,000 to SA 4248. Mr. LEAHY submitted an ellite telephone communications systems the Attorney General for purposes of sub- amendment intended to be proposed by and service that— section (b)(1) and the transfer by the Sec- retary of $35,000,000 to the Attorney General him to the bill H.R. 4899, making emer- (A) can provide access to 911 service; and (B) are equipped with global positioning for purposes of subsection (b)(2). gency supplemental appropriations for (2) OFFSET.—Of the amounts appropriated disaster relief and summer jobs for the systems. (4) ANNUAL REPORTS.—The Governor of Ari- or otherwise made available by the Amer- fiscal year ending September 30, 2010, zona shall submit an annual report to the ican Recovery and Reinvestment Act of 2009 and for other purposes; which was or- Secretary on activities carried out with (Public Law 111–5) that remain available for dered to lie on the table; as follows: grant funds awarded under this subsection obligation as of the date of the enactment of On page 56, between lines 17 and 18, insert during the previous year. Each such report this Act, $73,000,000 are hereby rescinded. the following: shall include a description of such activities (g)(1) Notwithstanding section 303 of the and an assessment of the effectiveness of SA 4251. Mr. MERKLEY (for himself, Federal Property and Administrative Serv- such activities. Mrs. FEINSTEIN, Mrs. BOXER, and Mr. ices Act of 1949 (41 U.S.C. 253) and require- (b) INTEROPERABLE COMMUNICATIONS FOR WYDEN) submitted an amendment in- ments for awarding task orders under task LAW ENFORCEMENT.— tended to be proposed by him to the and delivery order contracts under section (1) FEDERAL LAW ENFORCEMENT.—The De- bill H.R. 4899, making emergency sup- 303J of such Act (41 U.S.C. 253j), the Sec- partment of Justice shall use funds trans- plemental appropriations for disaster retary of State may award task orders for ferred to the Department under subsection relief and summer jobs for the fiscal police training in Afghanistan under current (d)— Department of State contracts for police (A) to purchase P–25 compliant radios, year ending September 30, 2010, and for training. which may include a multi-band option, for other purposes; which was ordered to (2) Any task order awarded under para- Federal law enforcement agents working in lie on the table; as follows: graph (1) shall be for a limited term and Arizona in support of the activities of United On page 27, line 7, strike ‘‘$173,000,000’’ and shall remain in performance only until a suc- States Customs and Border Protection and insert ‘‘$163,000,000’’. cessor contract or contracts awarded by the United States Immigration and Customs En- On page 28, between lines 3 and 4, insert Department of Defense using full and open forcement, including agents of the Drug En- the following: competition have entered into full perform- forcement Administration and the Bureau of SEC. 4ll. EMERGENCY DROUGHT RELIEF. ance after completion of any start-up or Alcohol, Tobacco, Firearms and Explosives; For an additional amount for ‘‘Water and transition periods. and Related Resources’’, $10,000,000, for drought (B) to upgrade the communications net- emergency assistance: Provided, That finan- SA 4249. Mr. LEAHY submitted an work of the Department to ensure coverage cial assistance may be provided under the amendment intended to be proposed by and capacity, particularly when immediate Reclamation States Emergency Drought Re- him to the bill H.R. 4899, making emer- access is needed in times of crisis, along the lief Act of 1991 (43 U.S.C. 2201 et seq.) and any gency supplemental appropriations for Tucson Sector border and the Yuma Sector other applicable Federal law (including regu- disaster relief and summer jobs for the border for appropriate law enforcement per- lations) for the optimization and conserva- sonnel of the Department of Justice (includ- fiscal year ending September 30, 2010, tion of project water supplies to assist ing the Drug Enforcement Administration drought-plagued areas of the West: Provided and for other purposes; which was or- and the Bureau of Alcohol, Tobacco, Fire- dered to lie on the table; as follows: further, That the amount provided under this arms and Explosives), the Department of heading shall be provided on a nonreimburs- On page 55, line 20, strike ‘‘and’’ and all Homeland Security (including United States able basis. that follows through ‘‘such commissions; Immigration and Customs Enforcement and and’’ and insert the following: ‘‘has no mem- United States Customs and Border Protec- SA 4252. Mr. VITTER submitted an bers or other employees who participated in, tion), other Federal agencies, the State of amendment intended to be proposed by or helped to cover up, acts of fraud in the Arizona, tribes, and local governments. 2009 elections for president in Afghanistan, (2) STATE AND LOCAL LAW ENFORCEMENT.— him to the bill H.R. 4899, making emer- and the Electoral Complaints Commission is (A) IN GENERAL.—The Department of Jus- gency supplemental appropriations for a genuinely independent body with all the tice shall use funds transferred to the De- disaster relief and summer jobs for the authorities that were invested in it under Af- partment under subsection (d) to purchase fiscal year ending September 30, 2010,

VerDate Mar 15 2010 02:06 May 27, 2010 Jkt 089060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A26MY6.047 S26MYPT1 smartinez on DSKB9S0YB1PROD with SENATE May 26, 2010 CONGRESSIONAL RECORD — SENATE S4451 and for other purposes; which was or- quake recovery, reconstruction, and sta- SEC. ———. AMENDMENT OF TRAVEL PRO- dered to lie on the table; as follows: bility efforts in Haiti. MOTION ACT OF 2009. (b) SENSE OF THE SENATE.—It is the sense (a) TRAVEL PROMOTION FUND FEES.—Sec- At the end of the amendment, insert the tion 217(h)(3)(B) of the Immigration and Na- following: of the Senate that the United States should support a strengthened mandate for the tionality Act (8 U.S.C. 1187(h)(3)(B)) is SEC. lll. NEW REVENUES TO THE OIL SPILL LI- United Nations Stabilization Mission in amended— ABILITY TRUST FUND. Haiti (MINUSTAH) to— (1) by striking ‘‘6 months’’ in clause (i) and The revenue resulting from any increase in (1) ensure that the MINUSTAH mandate inserting ‘‘12 months’’; and the Oil Spill Liability Trust Fund financing enables the United Nations Police to support (2) by striking ‘‘subsection (d) of section 11 rate under section 4611 of the Internal Rev- the Haitian National Police (HNP) in their of the Travel Promotion Act of 2009.’’ in enue Code of 1986 shall— efforts to guarantee security in the inter- clause (ii) and inserting ‘‘subsection (d) of (1) not be counted for purposes of offsetting nally displaced people (IDP) camps in and the Travel Promotion Act of 2009 (22 U.S.C. revenues, receipts, or discretionary spending around Port-au-Prince, particularly for vul- 2131(d)).’’; and under the Congressional Budget Act of 1974 nerable women and children; (3) by striking ‘‘September 30, 2014.’’ in or the Statutory Pay-As-You-Go Act of 2010; (2) support the United Nations Secretary- clause (iii) and inserting ‘‘September 30, and General’s request for an increase in the size 2015.’’. (2) shall only be used for the purposes of of the United Nations Police and seek addi- (b) IMPLEMENTATION BEGINNING IN FISCAL the Oil Spill Liability Trust Fund. tional Creole-speakers and members of the YEAR 2011.—Subsection (d) of the Travel Pro- motion Act of 2009 (22 U.S.C. 2131(d)) is Ms. COLLINS (for herself, Haitian Diaspora to support a temporary SA 4253. surge in the police force during this critical amended— Mr. ALEXANDER, Mr. BOND, Mr. period; (1) by striking ‘‘fiscal year 2010,’’ in para- VOINOVICH, Mr. INHOFE, Ms. SNOWE, Mr. (3) continue to assist the Government of graph (2)(A) and inserting ‘‘fiscal year 2011,’’; BEGICH, Mr. THUNE, Mr. COBURN, Mr. Haiti in reforming and restructuring the (2) by striking ‘‘January 1, 2010,’’ in para- graph (2)(A) and inserting ‘‘January 1, 2011,’’: GREGG, Ms. MURKOWSKI, Mr. CORKER, HNP by supporting the monitoring, men- toring, training, and vetting of police per- (3) by striking ‘‘fiscal years 2011 through Mr. BARRASSO, and Mr. BROWN of Mas- 2014,’’ in paragraph (2)(B) and inserting ‘‘fis- sachusetts) submitted an amendment sonnel and strengthening HNP’s institu- tional and operational capacities; cal years 2012 through 2015,’’; intended to be proposed by her to the (4) by striking ‘‘fiscal year 2010,’’ in para- bill H.R. 4899, making emergency sup- (4) support the Government of Haiti’s adop- tion and implementation of a national reset- graph (3)(A) and inserting ‘‘fiscal year 2011,’’; plemental appropriations for disaster tlement policy to speed the movement of the (5) by striking ‘‘fiscal year 2011,’’ each relief and summer jobs for the fiscal most vulnerable populations, both in Port- place it appears in paragraph (3)(A) and in- year ending September 30, 2010, and for au-Prince and other areas, to transitional serting ‘‘fiscal year 2012,’’; and other purposes; as follows: safe housing and other community-based re- (6) by striking ‘‘fiscal year 2010, 2011, 2012, 2013, or 2014’’ in paragraph (4)(B) and insert- On page 79, between lines 3 and 4, insert settlement solutions; and (5) coordinate with the Government of ing ‘‘fiscal year 2011, 2012, 2013, 2014, or 2015’’. the following: (c) PROGRAM AUDITS.—Subsection (b)(8)(D) Haiti and the other United Nations agencies PROHIBITION ON FINES AND LIABILITY of the Travel Promotion Act of 2009 (22 operating in Haiti to achieve the goals of the U.S.C. 2131(b)(8)(D)) is amended by striking SEC. 20ll. None of the funds made avail- mission, including the conduct of national ‘‘2 years after the date of enactment of this able by this Act shall be used to levy against and municipal elections. any person any fine, or to hold any person section,’’ and inserting ‘‘3 years after the date of enactment of the Travel Promotion liable for construction or renovation work SA 4255. Mr. ISAKSON (for himself performed by the person, in any State under Act of 2009,’’. the final rule entitled ‘‘Lead; Renovation, and Mr. CHAMBLISS) submitted an (d) RESEARCH PROGRAM.—Section 203(b) of Repair, and Painting Program; Lead Hazard amendment intended to be proposed by the International Travel Act of 1961 (22 Information Pamphlet; Notice of Avail- him to the bill H.R. 4899, making emer- U.S.C. 2123a(b)) is amended by striking ‘‘2010 ability; Final Rule’’ (73 Fed. Reg. 21692 (April gency supplemental appropriations for through 2014’’ and inserting ‘‘2010 through 22, 2008)), and the final rule entitled ‘‘Lead; disaster relief and summer jobs for the 2015’’. (e) CORRECTION OF CROSS-REFERENCE.—Sec- Amendment to the Opt-out and Record- fiscal year ending September 30, 2010, tion 202(c)(1) of the International Travel Act keeping Provisions in the Renovation, Re- and for other purposes; which was or- of 1961 (22 U.S.C. 2123(c)(1)) is amended by pair, and Painting Program’’ signed by the dered to lie on the table; as follows: striking ‘‘subsection (b) of section 11 of the Administrator on April 22, 2010. On page 81, between lines 23 and 24, insert Travel Promotion Act of 2009’’ and inserting SA 4254. Mr. NELSON of Florida sub- the following: ‘‘subsection (b) of the Travel Promotion Act of 2009 (22 U.S.C. 2131(b))’’. mitted an amendment intended to be SEC. 3009. Of the amounts appropriated for the Edward Byrne Memorial Justice Assist- proposed by him to the bill H.R. 4899, SA 4257. Mr. BOND submitted an making emergency supplemental ap- ance Grant Program under subpart 1 of part E of title I of the Omnibus Crime Control amendment intended to be proposed by propriations for disaster relief and and Safe Streets Act of 1968 (42 U.S.C. 3750 et him to the bill H.R. 4899, making emer- summer jobs for the fiscal year ending seq.) under the heading ‘‘STATE AND LOCAL gency supplemental appropriations for September 30, 2010, and for other pur- LAW ENFORCEMENT ASSISTANCE’’ under the disaster relief and summer jobs for the poses; which was ordered to lie on the heading ‘‘OFFICE OF JUSTICE PROGRAMS’’ fiscal year ending September 30, 2010, table; as follows: under the heading ‘‘STATE AND LOCAL LAW and for other purposes; which was or- On page 81, between line 23 and 24, insert ENFORCEMENT ACTIVITIES’’ under title II of dered to lie on the table; as follows: the following: the Omnibus Appropriations Act, 2009 (Pub- lic Law 111–8; 123 Stat. 579), at the discretion On page 36, between lines 2 and 3, insert SEC. ll. SENSE OF THE SENATE REGARDING of the Attorney General, the amounts to be the following: HAITI. SEC. 608. (a) Not later than 10 days after made available to the Marcus Institute, At- (a) FINDINGS.—The Senate makes the fol- the date of the enactment of this Act, and on lanta, Georgia, to provide remediation for lowing findings: an on-going basis thereafter, the Director of the potential consequences of childhood (1) A stable and democratic Republic of National Intelligence shall provide to the abuse and neglect, pursuant to the joint Haiti is in the long-term national security congressional intelligence committees each statement of managers accompanying that interest of the United States. intelligence report of an interrogation or de- Act, may be made available to the Georgia (2) The United States is committed to help- briefing related to the investigation of the State University Center for Healthy Devel- ing Haiti achieve long-term stability, bombing attempt that occurred in the Times opment, Atlanta, Georgia. through a commitment of long-term recon- Square area of New York City on May 1, 2010, struction and rehabilitation assistance fol- including each intelligence information re- lowing the January 12, 2010 earthquake in SA 4256. Ms. KLOBUCHAR submitted port related to such attempt disseminated by Haiti. an amendment intended to be proposed the Federal Bureau of Investigation. (3) The United Nations Stabilization Mis- by her to the bill H.R. 4899, making (b) In this section, the term ‘‘congressional sion in Haiti (MINUSTAH) remains a vital emergency supplemental appropria- intelligence committees’’ means— force in maintaining security and stability tions for disaster relief and summer (1) the Select Committee on Intelligence of for the Haitian people in the aftermath of jobs for the fiscal year ending Sep- the Senate; and (2) the Permanent Select Committee on In- the earthquake. tember 30, 2010, and for other purposes; (4) United Nations Security Council Reso- telligence of the House of Representatives. lution 1908 (adopted January 19, 2010) en- which was ordered to lie on the table; dorsed the Secretary-General’s recommenda- as follows: SA 4258. Mr. BOND (for himself and tion to increase the overall force levels of At the appropriate place, insert the fol- Mr. COBURN) submitted an amendment the MINUSTAH to support the post-earth- lowing: intended to be proposed by him to the

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(B) in paragraph (2)— ASSESSMENTS ON GUANTANAMO BAY DETAINEES (b) FUTURE SUBMISSIONS.—In addition to (i) by striking ‘‘The Secretary, the Sec- the analyses, assessments, and information retary of the Treasury, and the Director of SEC. 3008. (a) SUBMISSION OF INFORMATION required under subsection (a) and not later the Office of Management and Budget,’’ and RELATED TO DISPOSITION DECISIONS.—Not than 10 days after the date that a threat as- inserting ‘‘The Secretary and the Secretary later than 45 days after the date of the enact- sessment described in subsection (a) is dis- of the Treasury’’; ment of this Act, the Director of National seminated, the Director of National Intel- (ii) in subparagraph (B)— Intelligence, in coordination with the par- ligence shall provide to the congressional in- (I) by inserting ‘‘428C,’’ after ‘‘428B,’’; ticipants of the interagency review of Guan- telligence committees— (II) by striking ‘‘the Secretary, the Sec- tanamo Bay detainees conducted pursuant to (1) any new threat assessment prepared by retary of the Treasury, and the Director of Executive Order 13492 (10 U.S.C. 801 note), any element of the intelligence community the Office of Management and Budget,’’ and shall fully inform the congressional intel- of a Guantanamo Bay detainee who remains inserting ‘‘the Secretary and the Secretary ligence committees concerning the basis for in detention or is pending release or transfer; of the Treasury’’; and the disposition decisions reached by the and (III) by striking ‘‘and’’ after the semicolon; Guantanamo Review Task Force, and shall (2) access to the intelligence information (iii) in subparagraph (C), by striking the provide to the congressional intelligence that formed the basis of such threat assess- period at the end and inserting ‘‘; and’’; and committees— ment. (iv) by adding at the end the following: (1) the written threat analyses prepared on (c) CONGRESSIONAL INTELLIGENCE COMMIT- ‘‘(D) sets forth that the loans available for each detainee by the Guantanamo Review TEES DEFINED.—In this section, the term purchase may be included in the Department Task Force established pursuant to Execu- ‘‘congressional intelligence committees’’ has of Education’s Asset-Backed Commercial tive Order 13492; the meaning given that term in section 3(7) Paper Conduit program.’’; (2) all threat assessments of detainees who of the National Security Act of 1947 (50 (2) in subsection (b), by inserting ‘‘before were reviewed by the Guantanamo Review U.S.C. 401a(7)). July 1, 2010’’ after ‘‘under subsection (a)’’; Task Force made prior to the decision to re- (3) in subsection (f), by striking ‘‘2010’’ and lease or transfer such detainee that were pre- SA 4260. Mr. LUGAR submitted an inserting ‘‘2015’’; and pared by any element of the intelligence (4) by adding at the end the following: community during or prior to the existence amendment intended to be proposed by him to the bill H.R. 4899, making emer- ‘‘(g) FUNDS FOR FEDERAL PELL GRANTS.— of the Guantanamo Review Task Force; and The proceeds to the Federal Government (3) access to the intelligence information gency supplemental appropriations for disaster relief and summer jobs for the from the sale of loans pursuant to this sec- that formed the basis of any such specific as- tion— sessments or threat analyses. fiscal year ending September 30, 2010, ‘‘(1) under section 428C that is conducted (b) FUTURE SUBMISSIONS.—In addition to and for other purposes; which was or- before July 1, 2010, shall be used to carry out the analyses, assessments, and information dered to lie on the table; as follows: subpart 1 of part A; and required under subsection (a) and not later Beginning on page 66, line 24, strike ‘‘ac- ‘‘(2) under sections 428, 428B, 428C, or 428H than 10 days after the date that a threat as- tivities’’ and all that follows through ‘‘not- that is conducted on or after July 1, 2010, sessment described in subsection (a) is dis- withstanding’’ on page 67, line 2, and insert shall be used to carry out subpart 1 of part seminated, the Director of National Intel- ‘‘projects that engage scientists and engi- A.’’. ligence shall provide to the congressional in- neers who have no weapons background, but (b) EMERGENCY DESIGNATION.—Unless oth- telligence committees— whose competence could otherwise be ap- erwise specified, each amount in this sec- (1) any new threat assessment prepared by plied to weapons development, provided such tion, or an amendment made by this section, any element of the intelligence community projects are executed through existing is designated as an emergency requirement of a Guantanamo Bay detainee who remains science and technology centers and notwith- and necessary to meet emergency needs pur- in detention or is pending release or transfer; standing’’. suant to sections 403(a) and 423(b) of S. Con. and Res. 13 (111th Congress), the concurrent reso- (2) access to the intelligence information Mr. BROWN of Ohio sub- lution on the budget for fiscal year 2010. that formed the basis of such threat assess- SA 4261. ment. mitted an amendment intended to be SA 4262. Mr. BYRD submitted an (c) CONGRESSIONAL INTELLIGENCE COMMIT- proposed by him to the bill S. 4899, amendment intended to be proposed by TEES DEFINED.—In this section, the term making emergency supplemental ap- him to the bill S. 4899, making emer- ‘‘congressional intelligence committees’’ has propriations for disaster relief and gency supplemental appropriations for the meaning given that term in section 3(7) summer jobs for the fiscal year ending disaster relief and summer jobs for the of the National Security Act of 1947 (50 September 30, 2010, and for other pur- U.S.C. 401a(7)). fiscal year ending September 30, 2010, poses; which was ordered to lie on the and for other purposes; which was or- table, as follows: SA 4259. Mr. BOND (for himself and dered to lie on the table, as follows: After section 3007 of the bill, insert the fol- Mr. COBURN) submitted an amendment At the appropriate place, insert the fol- lowing: intended to be proposed by him to the lowing: bill H.R. 4899, making emergency sup- SEC. 3008. AUTHORITY TO PURCHASE FFEL SEC. ll. (a) For an additional amount for LOANS. ‘‘Salaries and Expenses’’ of U.S. Customs and plemental appropriations for disaster (a) IN GENERAL.—Section 459A of the High- Border Protection, $12,000,000, to remain relief and summer jobs for the fiscal er Education Act of 1965 (20 U.S.C. 1087i–1) is available until September 30, 2011, to hire, year ending September 30, 2010, and for amended— equip, and train unmanned aircraft systems other purposes; which was ordered to (1) in subsection (a)— pilots and support personnel. lie on the table; as follows: (A) in paragraph (1)— (b) For an additional amount for ‘‘Air and (i) in the heading, by striking ‘‘; DETER- On page 81, between lines 22 and 23, insert Marine Interdiction, Operations, Mainte- MINATION REQUIRED’’; the following: nance, and Procurement’’ for U.S. Customs (ii) by striking ‘‘Upon a determination by and Border Protection, $66,000,000, to remain ASSESSMENTS ON GUANTANAMO BAY DETAINEES the Secretary that there is an inadequate available until expended, to procure 3 un- SEC. 3008. (a) SUBMISSION OF INFORMATION availability of loan capital to meet the de- manned aircraft systems and supporting RELATED TO DISPOSITION DECISIONS.—Not mand for loans under sections 428, 428B, or equipment. later than 45 days after the date of the enact- 428H, whether as a result of inadequate li- (c) Of the unobligated balance of the ment of this Act, the Director of National quidity for such loans or for other reasons, amount appropriated under the heading Intelligence, in coordination with the par- the’’ and inserting ‘‘The’’; ‘‘BORDER SECURITY FENCING, INFRASTRUCTURE, ticipants of the interagency review of Guan- (iii) by inserting ‘‘428C,’’ after ‘‘428B,’’; AND TECHNOLOGY’’ under the heading ‘‘U.S. tanamo Bay detainees conducted pursuant to (iv) by striking ‘‘on or after October 1, 2003, CUSTOMS AND BORDER PROTECTION’’ in title II Executive Order 13492 (10 U.S.C. 801 note), and’’; of the Department of Homeland Security Ap- shall fully inform the congressional intel- (v) by striking ‘‘terms as the Secretary, propriations Act, 2010 (Public Law 111–83; 123 ligence committees concerning the basis for the Secretary of the Treasury, and the Direc- Stat. 2145), $78,000,000 are rescinded in order the disposition decisions reached by the tor of the Office of Management and Budget to offset the amounts appropriated by sub- Guantanamo Review Task Force, and shall jointly’’ and inserting ‘‘terms as the Sec- sections (a) and (b).

VerDate Mar 15 2010 02:06 May 27, 2010 Jkt 089060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A26MY6.055 S26MYPT1 smartinez on DSKB9S0YB1PROD with SENATE May 26, 2010 CONGRESSIONAL RECORD — SENATE S4453 SA 4263. Mr. LEAHY submitted an $225,000,000, to remain available until Sep- claims for damages resulting from the Deep- amendment intended to be proposed by tember 30, 2011: Provided, That the amount water Horizon incident. him to the bill H.R. 4899, making emer- made available under this heading is des- SEC. 4002. DEFINITIONS. gency supplemental appropriations for ignated as an emergency requirement and In this title: disaster relief and summer jobs for the necessary to meet emergency needs pursuant (1) ADMINISTRATOR.—The term ‘‘Adminis- to sections 403(a) and 423(b) of S. Con. Res. 13 trator’’ means the Administrator of the Of- fiscal year ending September 30, 2010, (111th Congress), the concurrent resolution fice. and for other purposes; which was or- on the budget for fiscal year 2010: Provided (2) ADVISORY COMMITTEE.—The term ‘‘Advi- dered to lie on the table; as follows: further, That, of the amount made available sory Committee’’ means the Advisory Com- On page 77, between lines 16 and 17, insert under this heading— mittee on Deepwater Horizon Compensation the following: (1) $100,000,000 is for the Edward Byrne Me- established under section 4105(a). For an additional amount for ‘‘Salaries morial Justice Assistance Grant program as (3) CLAIM.—The term ‘‘claim’’ means any and Expenses, General Legal Activities’’, authorized under subpart 1 of part E of title claim, based on any theory, allegation, or $15,000,000, to remain available until Sep- I of the Omnibus Crime Control and Safe cause of action, for damages presented in a tember 30, 2011, for the Criminal Division, Streets Acts of 1968 (in this Act referred to civil action or bankruptcy proceeding, di- Civil Division, and Tax Division of the De- as the ‘‘1968 Act’’) (42 U.S.C. 3750 et seq.), ex- rectly, indirectly, or derivatively arising out partment of Justice for investigations, pros- cept that section 1001(c) and the special rules of, based on, or related to, in whole or in ecutions, and civil or other proceedings re- for Puerto Rico under section 505(g) of the part, the effects of the Deepwater Horizon in- lating to fraud and abuse in connection with 1968 Act (42 U.S.C. 3793(c) and 3755(g)) shall cident. any Federal assistance program, financial not apply for purposes of this Act; (4) CLAIMANT.—The term ‘‘claimant’’ institution, mortgage lending business, or (2) $100,000,000 is for competitive, peer-re- means a person or State who files a claim health care benefit program: Provided, That viewed grants to programs that prevent under section 4203. the amount made available under this head- crime, improve the administration of justice, (5) CIVIL ACTION.— ing is designated as an emergency require- or assist victims of crime; and (A) IN GENERAL.—The term ‘‘civil action’’ ment and necessary to meet emergency (3) $25,000,000 is for assistance to law en- means a civil action filed in Federal or State needs pursuant to sections 403(a) and 423(b) forcement in rural States and rural areas, to court, whether cognizable as a case at law, in of S. Con. Res. 13 (111th Congress), the con- prevent and combat crime, especially drug- equity, or in admiralty. current resolution on the budget for fiscal related crime. (B) EXCLUSION.—The term ‘‘civil action’’ year 2010. does not include an action relating to any COMMUNITY ORIENTED POLICING SERVICES SALARIES AND EXPENSES, ANTITRUST DIVISION workers’ compensation law. For an additional amount for ‘‘Salaries For an additional amount for ‘‘Community (6) COLLATERAL SOURCE COMPENSATION.— and Expenses, Antitrust Division’’, $5,000,000, Oriented Policing Services’’, $210,000,000, to The term ‘‘collateral source compensation’’ to remain available until September 30, 2011, remain available until September 30, 2011: means the compensation that a claimant re- for the Antitrust Division of the Department Provided, That the amount made available ceived, or is entitled to receive, from a re- of Justice for investigations, prosecutions, under this heading is designated as an emer- sponsible party as a result of a final judg- and civil or other proceedings relating to gency requirement and necessary to meet ment, settlement, or other payment for dam- fraud and abuse in connection with any Fed- emergency needs pursuant to sections 403(a) ages that are the source of a claim under sec- eral assistance program, financial institu- and 423(b) of S. Con. Res. 13 (111th Congress), tion 4203, including payments made under tion, mortgage lending business, or health the concurrent resolution on the budget for the Oil Pollution Act of 1990 (33 U.S.C. 2701 et care benefit program: Provided, That the fiscal year 2010: Provided further, That, of the seq.). amount made available under this heading is amount made available under this heading— (7) COMPENSATION PROGRAM.—The term designated as an emergency requirement and (1) $200,000,000 is for grants under section ‘‘compensation program’’ means the com- necessary to meet emergency needs pursuant 1701 of title I of the 1968 Act (42 U.S.C. pensation program established under this to sections 403(a) and 423(b) of S. Con. Res. 13 3796dd) for purposes described in part Q of title. (111th Congress), the concurrent resolution such title, notwithstanding subsection (i) of (8) DAMAGES.—The term ‘‘damages’’ means on the budget for fiscal year 2010. such section 1701; and damages specified in section 4301(b), includ- SALARIES AND EXPENSES, UNITED STATES (2) $10,000,000 is for the matching grant pro- ing the cost of assessing those damages. ATTORNEYS gram for law enforcement armor vests au- (9) DEEPWATER HORIZON INCIDENT.—The For an additional amount for ‘‘Salaries thorized under section 2501 of title I of the term ‘‘Deepwater Horizon incident’’ means and Expenses, United States Attorneys’’, 1968 Act (42 U.S.C. 3796ll). the blowout and explosion of the Deepwater $5,000,000, to remain available until Sep- Horizon oil rig that occurred on April 20, tember 30, 2011, for the Offices of the United SA 4264. Ms. MURKOWSKI submitted 2010, and resulting hydrocarbon releases into States Attorneys for investigations, prosecu- an amendment intended to be proposed the environment. tions, and civil or other proceedings relating by her to the bill H.R. 4899, making (10) DEPARTMENT.—The term ‘‘Depart- to fraud and abuse in connection with any emergency supplemental appropria- ment’’ means the Department of the Inte- rior. Federal assistance program, financial insti- tions for disaster relief and summer (11) FUND.—The term ‘‘Fund’’ means the tution, mortgage lending business, or health jobs for the fiscal year ending Sep- care benefit program: Provided, That the Oil Spill Liability Trust Fund established by amount made available under this heading is tember 30, 2010, and for other purposes; section 9509 of the Internal Revenue Code of designated as an emergency requirement and which was ordered to lie on the table; 1986. necessary to meet emergency needs pursuant as follows: (12) LAW.—The term ‘‘law’’ includes all to sections 403(a) and 423(b) of S. Con. Res. 13 On page 81, between lines 23 and 24, insert law, judicial or administrative decisions, (111th Congress), the concurrent resolution the following: rules, regulations, or any other principle or on the budget for fiscal year 2010. action having the effect of law. TITLE IV—DEEPWATER HORIZON CLAIMS (13) OFFICE.—The term ‘‘Office’’ means the FEDERAL BUREAU OF INVESTIGATION RESOLUTION Office of Deepwater Horizon Claims Com- SALARIES AND EXPENSES SEC. 4001. FINDINGS AND PURPOSE. pensation established under section 4101. For an additional amount for ‘‘Salaries (a) FINDINGS.—Congress finds that— (14) PARTIES.—The term ‘‘parties’’ means, and Expenses’’, $40,000,000, to remain avail- (1) the oil spill resulting from the Deep- with respect to an individual claim, the able until September 30, 2011, for the Federal water Horizon incident has caused major claimant and the responsible party. Bureau of Investigation for investigations, economic damage to the residents of the (15) PERSON.— prosecutions, and civil or other proceedings States bordering the Gulf of Mexico; (A) IN GENERAL.—The term ‘‘person’’ means relating to fraud and abuse in connection (2) the limits on strict liability imposed by an individual, trust, firm, joint stock com- with any Federal assistance program, finan- the Oil Pollution Act of 1990 (33 U.S.C. 2701 et pany, partnership, association, insurance cial institution, mortgage lending business, seq.) will be exceeded by the claims resulting company, reinsurance company, or corpora- or health care benefit program: Provided, from the Deepwater Horizon incident; and tion. That the amount made available under this (3) while the Oil Pollution Act of 1990 (33 (B) EXCLUSIONS.—The term ‘‘person’’ does heading is designated as an emergency re- U.S.C. 2701 et seq.) places no restrictions on not include— quirement and necessary to meet emergency liability for damages from the accident (i) the United States; needs pursuant to sections 403(a) and 423(b) under State law, litigation of such cases may (ii) a State; or of S. Con. Res. 13 (111th Congress), the con- take decades, and consume in litigation ex- (iii) a political subdivision of a State. current resolution on the budget for fiscal penses funds that could otherwise be used to (16) RESPONSIBLE PARTY.—The term ‘‘re- year 2010. quickly and efficiently compensate the citi- sponsible party’’ means a responsible party OFFICE OF JUSTICE PROGRAMS zens of the Gulf States for damages resulting (as defined in section 1001 of the Oil Pollu- STATE AND LOCAL LAW ENFORCEMENT from the Deepwater Horizon incident. tion Act of 1990 (33 U.S.C. 2701)) for the Deep- ASSISTANCE (b) PURPOSE.—The purpose of this title is water Horizon incident. For an additional amount for ‘‘State and to create a fair and efficient system for the (17) SECRETARY.—The term ‘‘Secretary’’ Local Law Enforcement Assistance’’, payment of legitimate present and future means the Secretary of the Interior.

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(18) STATE.—The term ‘‘State’’ means with the criteria and procedures established rendered in connection with the claim of an (A) each of the several States of the United under subtitle B; individual under this title, more than 5 per- States; (B) appointing or contracting for the serv- cent of a final award made (whether by the (B) the District of Columbia; ices of such personnel, making such expendi- Administrator initially or as a result of ad- (C) the Commonwealth of Puerto Rico; tures, and taking any other actions as may ministrative review) on the claim. (D) Guam; be necessary to carry out the responsibilities (2) PENALTY.—Any representative of a (E) American Samoa; of the Office, including entering into cooper- claimant who violates this subsection shall (F) the Commonwealth of the Northern ative agreements with other Federal or be fined not more than the greater of— Mariana Islands; State agencies and entering into contracts (A) $5,000; or (G) the Federated States of Micronesia; with nongovernmental entities; (B) twice the amount received by the rep- (H) the Republic of the Marshall Islands; (C) conducting such audits and additional resentative for services rendered in connec- (I) the Republic of Palau; and oversight as necessary to assure the integ- tion with each violation. (J) the United States Virgin Islands. rity of the compensation program; SEC. 4103. COMPENSATION PROGRAM STARTUP. (19) SUCCESSOR IN INTEREST.—The term (D) promulgating such rules, regulations, (a) INTERIM REGULATIONS.—Not later than ‘‘successor in interest’’ means any person and procedures as may be necessary to carry 90 days after the date of enactment of this that acquires assets, and substantially con- out this title; Act, the Administrator shall issue interim tinues the business operations, of a respon- (E) making such expenditures as may be regulations and procedures for the proc- sible party, considering factors that in- necessary in carrying out this title; essing of claims under this title. clude— (F) excluding evidence and disqualifying or (b) INTERIM PERSONNEL.— (A) retention of the same facilities or loca- debarring any attorney or other individual (1) IN GENERAL.—The Secretary and the As- tion; or entity who provide evidence in support of sistant Secretary for Policy, Management, (B) retention of the same employees; the application of the claimant for com- and Budget of the Department may make (C) maintaining the same job under the pensation if the Administrator determines available to the Administrator on a tem- same working conditions; that materially false, fraudulent, or ficti- porary basis such personnel and other re- (D) retention of the same supervisory per- tious statements or practices have been sub- sources as may be necessary to facilitate the sonnel; mitted or engaged in by the individual or en- (E) continuity of assets; expeditious startup of the compensation pro- tity; and gram. (F) production of the same product or offer (G) having all other powers incidental, nec- of the same service; (2) CONTRACTS.—The Administrator may essary, or appropriate to carrying out the contract with individuals or entities having (G) retention of the same name; functions of the Office. (H) maintenance of the same customer relevant experience to assist in the expedi- (2) CERTAIN ENFORCEMENT.— base; tious startup of the compensation program. (A) FALSE STATEMENTS.—For each infrac- (I) identity of stocks, stockholders, and di- (c) EXTREME FINANCIAL HARDSHIP CLAIMS.— tion described in paragraph (1)(F), the Ad- In the final regulations promulgated under rectors between the asset seller and the pur- ministrator may impose a civil penalty not chaser; or section 4101(c), the Administrator shall des- to exceed $10,000 on any individual or entity ignate categories of claims to be handled on (J) whether the successor holds itself out found to have submitted or engaged in a ma- as continuation of previous enterprise, but an expedited basis as a result of extreme fi- terially false, fraudulent, or fictitious state- expressly does not include whether the per- nancial hardship. ment or practice under this title. son actually knew of the liability of the re- (d) INTERIM ADMINISTRATOR.—Until an Ad- (B) OTHER POWERS.—The Administrator sponsible party under this title. ministrator is appointed and confirmed shall issue appropriate regulations to carry under section 4101(b), the responsibilities of Subtitle A—Office of Deepwater Horizon out paragraph (1)(G). the Administrator under this title shall be Claims Compensation (d) AUDIT AND PERSONNEL REVIEW PROCE- performed by the Assistant Secretary for SEC. 4101. ESTABLISHMENT OF OFFICE OF DEEP- DURES.—The Administrator shall establish Policy, Management, and Budget of the De- WATER HORIZON CLAIMS COM- audit and personnel review procedures for partment, who shall have all the authority PENSATION. evaluating the accuracy of eligibility rec- (a) IN GENERAL.— conferred by this title on the Administrator ommendations of agency and contract per- (1) ESTABLISHMENT.—There is established and who shall be considered to be the Admin- sonnel. within the Department the Office of Deep- istrator for purposes of this title. water Horizon Claims Compensation, which SEC. 4102. CLAIMANT ASSISTANCE. (e) STAY OF CLAIMS; RETURN TO TORT SYS- shall be headed by the Administrator. (a) ESTABLISHMENT.—Not later than 180 TEM.— (2) PURPOSE.—The purpose of the Office days after the date of enactment of this Act, (1) STAY OF CLAIMS.— shall be to provide timely, fair compensa- the Administrator shall establish a com- (A) PENDING ACTIONS.—Notwithstanding tion, under the terms specified in this title, prehensive claimant assistance program— any other provision of this title, any claim on a no-fault basis and in a nonadversarial (1) to publicize and provide information to for damages pending in any Federal or State manner, to persons and State or local gov- potential claimants about— court for monetary damages related to the ernments that have incurred damages as a (A) the availability of benefits for eligible Deepwater Horizon incident as of the date of result of the Deepwater Horizon incident. claimants under this title; and enactment of this Act shall be subject to a (3) TERMINATION OF THE OFFICE.—The Office (B) the procedures for filing claims and for stay. shall terminate effective not later than 1 obtaining assistance in filing claims; (B) FUTURE ACTIONS.—Notwithstanding any year following the date of certification by (2) to provide assistance to potential other provision of this title, any claim for the Administrator that the Fund has neither claimants in preparing and submitting damages filed in any Federal or State court paid a claim in the previous 1-year period claims, including assistance in obtaining the for monetary damages related to the Deep- nor has debt obligations remaining to pay. documentation necessary to support a claim; water Horizon incident after the date of en- (4) EXPENSES.—The Fund shall be available (3) to respond to inquiries from claimants actment of this Act shall be subject to a stay to the Secretary for expenditure, without and potential claimants; 60 days after the date of the filing of the further appropriation and without fiscal year (4) to provide training with respect to the claim, unless the claimant has filed an elec- limitation, as necessary for any and all ex- applicable procedures for the preparation tion to pursue the claim for damages in the penses associated with the Office, includ- and filing of claims to persons who provide Federal or State court under paragraph (2). ing— assistance or representation to claimants, (2) CLAIMS.—To be eligible for a claim, any (A) personnel salaries and expenses, includ- including nonprofit organizations and State person or State that has filed a timely claim ing retirement and similar benefits; and and local government entities; and seeking a judgment or order for monetary (B) all administrative and legal expenses. (5) to provide for the establishment of a damages related to the Deepwater Horizon (b) APPOINTMENT OF ADMINISTRATOR.— website on which claimants may access all incident in any Federal or State court be- (1) IN GENERAL.—The Administrator of the relevant forms and information. fore, on, or after the date of enactment of Office shall be appointed by the President, (b) RESOURCE CENTERS.— this Act, shall file with the Administrator by and with the advice and consent of the (1) IN GENERAL.—The claimant assistance and serve on all defendants in the pending Senate. program shall provide for the establishment court action an election to pursue the claim (2) TERM.—The term of the Administrator of resource centers in areas in which there for damages under this title or continue to shall be 5 years. are determined to be large concentrations of pursue the claim in the Federal or State (3) REPORTING.—The Administrator shall potential claimants. court— report directly to the Assistant Secretary (2) LOCATION.—The centers shall be lo- (A) not later than 60 days after the date of for Policy, Management, and Budget of the cated, to the maximum extent practicable, enactment of this Act, if the claim was filed Department. in facilities of the Department or other Fed- in a Federal or State court before the date of (c) DUTIES OF ADMINISTRATOR.— eral agencies. enactment of this Act; and (1) IN GENERAL.—The Administrator shall (c) ATTORNEY’S FEES.— (B) not later than 60 days after the date of be responsible for— (1) IN GENERAL.—Notwithstanding any the filing of the claim, if the claim is filed in (A) processing claims for compensation for other provision of law, the representative of a Federal or State court on or after the date damages to eligible claimants in accordance an individual may not receive, for services of enactment of this Act.

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(3) STAY.—Until the claimant files an elec- (C) APPOINTMENTS BY ADMINISTRATOR.—The SEC. 4202. GENERAL RULE CONCERNING NO- tion under paragraph (2) to continue to pur- Administrator shall appoint 8 members to FAULT COMPENSATION. sue the claim in the Federal or State court, the Advisory Committee, who shall be indi- To be eligible for an award under this title the stay under paragraph (1) shall remain in viduals with qualifications and expertise rel- for damages, a claimant shall not be required effect. evant to the compensation program, includ- to demonstrate that the damages for which (4) EFFECT OF ELECTION.— ing experience or expertise in marine or the claim is being made resulted from the (A) IN GENERAL.—Any claimant that has coastal ecology, oil spill remediation, fish- negligence or other fault of any other per- elected to pursue a claim for damages in eries management, administering compensa- son. Federal or State court under paragraph (2) tion programs, or audits. SEC. 4203. FILING OF CLAIMS. shall not be eligible for an award for those (b) DUTIES.—The Advisory Committee shall (a) ELIGIBLE CLAIMANTS.— damages under section 4301. advise the Administrator on— (1) IN GENERAL.—Any person or State that (B) STAY OF CLAIM.—Any claimant that has (1) claims filing and claims processing pro- has suffered damage as a result of the Deep- been awarded damages for a claim under sec- cedures; water Horizon incident may file a claim with tion 4301 shall not be eligible for an award of (2) claimant assistance programs; the Office for an award with respect to the damages for the same claim in Federal or (3) audit procedures and programs to en- damage. sure the quality and integrity of the com- State court. (2) LIMITATION.—A claim may not be filed (5) EFFECT OF OPERATIONAL OR NON- pensation program; by any person or State under this title for OPERATIONAL FUND.— (4) analyses or research that should be con- contribution or indemnity. ducted to evaluate past claims and to project (A) REINSTATEMENT OF CLAIMS.—If, after (b) STATUTE OF LIMITATIONS.—Except as future claims under the compensation pro- 270 days after the date of enactment of this otherwise provided in this subsection, if a gram; and Act, the Administrator cannot certify to person or State fails to file a claim with the (5) such other matters related to the imple- Congress that the Office is operational and Office under this section during the 5-year mentation of this title as the Administrator paying claims at a reasonable rate, each per- period beginning on the date on which the considers appropriate. son or State that has filed a claim stayed person or State first discovered facts that (c) OPERATION OF COMMITTEE.— under this subsection may continue the would have led a reasonable person to con- claims of the person or State in the court in (1) TERM.—The term of a member of the clude that damage had occurred, any claim which the case was pending prior to the stay. Advisory Committee shall be 3 years. relating to the damage, and any other claim (B) OPERATIONAL OFFICE.—If the Adminis- (2) CHAIRPERSON AND VICE CHAIRPERSON.— related to that damage, shall be extin- trator subsequently certifies to Congress The Administrator shall designate a Chair- guished, and any recovery on the damage that the Office has become operational and person and Vice Chairperson of the Advisory shall be prohibited. paying all valid claims at a reasonable rate, Committee from among the members ap- (c) FUTURE CLAIMS NOT PRECLUDED.—Fil- any claim in a civil action in Federal or pointed under subsection (a)(2)(C). ing of a claim under subsection (a) shall not State court that is not actually on trial be- (3) MEETINGS.—The Advisory Committee preclude the filing of additional claims for fore a jury that has been impaneled and pres- shall meet— damages arising from the Deepwater Horizon entation of evidence has commenced, but be- (A) at the call of the Chairperson or a ma- incident that are manifest at a later date. fore deliberation, or before a judge and is at jority of the members of the Advisory Com- the presentation of evidence, may, at the op- mittee; and (d) REQUIRED INFORMATION.—A claim filed tion of the claimant, be considered a rein- (B) at least— under subsection (a) shall be in such form, stated claim before the Administrator and (i) 4 times per year during the first 3 years and contain such information in such detail, the civil action before the Federal or State of the compensation program; and as the Administrator shall by regulation pre- court shall be null and void. (ii) 2 times per year thereafter. scribe. ATE OF ILING (C) NONOPERATIONAL OFFICE.—Notwith- (4) INFORMATION.— (e) D F .—A claim shall be con- standing any other provision of this title, if (A) IN GENERAL.—The Administrator shall sidered to be filed on the date that the the Administrator certifies to Congress that provide to the Advisory Committee such in- claimant mails the claim to the Office, as de- the Office cannot become operational and formation as is necessary and appropriate for termined by postmark, or on the date that paying all valid claims at a reasonable rate, the Advisory Committee to carry out this the claim is received by the Office, which- all claims that have a stay may be filed or section. ever is the earliest determinable date. reinstated. (B) OTHER AGENCIES.— (f) INCOMPLETE CLAIMS.— SEC. 4104. AUTHORITY OF ADMINISTRATOR. (i) IN GENERAL.—On request of the Advisory (1) IN GENERAL.—If a claim filed under sub- On any matter within the jurisdiction of Committee, the Administrator may secure section (a) is incomplete, the Administrator the Administrator under this title, the Ad- directly from any Federal, State, or local de- shall notify the claimant of the information ministrator may— partment or agency such information as may necessary to complete the claim and inform (1) issue subpoenas for and compel the at- be necessary to enable the Advisory Com- the claimant of such services as may be tendance of witnesses within a radius of 200 mittee to carry out this section. available through the claimant assistance miles; (ii) PROVISION OF INFORMATION.—On request program established under section 4102 to as- (2) administer oaths; of the Administrator, the head of the depart- sist the claimant in completing the claim. (3) examine witnesses; ment or agency described in clause (i) shall (2) TIME PERIODS.— (4) require the production of books, papers, furnish such information to the Advisory (A) IN GENERAL.—Except as provided in documents, and other potential evidence; Committee. subparagraph (B), any time period for the and (5) ADMINISTRATIVE SUPPORT.—The Admin- processing of the claim shall be suspended (5) request assistance from other Federal istrator shall provide the Advisory Com- until such time as the claimant submits the agencies with the performance of the duties mittee with such administrative support as information necessary to complete the of the Administrator under this title. is reasonably necessary to enable the Advi- claim. SEC. 4105. ADVISORY COMMITTEE ON DEEP- sory Committee to carry out this section. (B) DEADLINE.—If the information de- WATER HORIZON COMPENSATION. (d) EXPENSES.—A member of the Advisory scribed in subparagraph (A) is not received (a) ESTABLISHMENT.— Committee, other than a full-time Federal during the 1-year period beginning on the (1) IN GENERAL.—Not later than 120 days employee, while attending a meeting of the date of the notification, the claim shall be after the date of enactment of this Act, the Advisory Committee or while otherwise serv- dismissed. Administrator shall establish an Advisory ing at the request of the Administrator, and SEC. 4204. ELIGIBILITY DETERMINATIONS AND Committee on Deepwater Horizon Compensa- while serving away from the home or regular CLAIM AWARDS. tion. place of business of the member, shall be al- (a) IN GENERAL.— (2) COMPOSITION AND APPOINTMENT.— lowed travel and meal expenses, including (1) REVIEW OF CLAIMS.—The Administrator (A) IN GENERAL.—The Advisory Committee per diem in lieu of subsistence, as authorized shall, in accordance with this section, deter- shall be composed of 24 members, appointed by section 5703 of title 5, United States Code, mine whether each claim filed satisfies the in accordance with this paragraph. for individuals in the Federal Government requirements for eligibility for an award (B) LEGISLATIVE APPOINTMENTS.— serving without pay. under this title and, if so, the value of the (i) IN GENERAL.—The Majority Leader of Subtitle B—Deepwater Horizon award. the Senate, the Minority Leader of the Sen- Compensation Procedures (2) FACTORS.—In making a determination ate, the Speaker of the House of Representa- SEC. 4201. ESSENTIAL ELEMENTS OF ELIGIBLE under paragraph (1), the Administrator shall tives, and the Minority Leader of the House CLAIM. consider— of Representatives shall each appoint 4 mem- To be eligible for an award under this title (A) the claim presented by the claimant; bers to the Advisory Committee. for damages, a claimant shall— (B) the factual evidence submitted by the (ii) REPRESENTATION.—Of the 4 members (1) file a claim in a timely manner in ac- claimant in support of the claim; and appointed by each Member under clause (i)— cordance with section 4203; and (C) the results of such investigation as the (I) 2 members shall represent the interests (2) prove, by a preponderance of the evi- Administrator may consider necessary to de- of claimants; and dence, that the claimant has suffered dam- termine whether the claim satisfies the cri- (II) 2 members shall represent the interests ages as a result of the Deepwater Horizon in- teria for eligibility established by this title. of responsible parties. cident. (3) ADDITIONAL EVIDENCE.—

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(A) IN GENERAL.—The Administrator may (II) FORM.—To request a subpoena, the re- profit shares due to the injury, destruction, request the submission of evidence in addi- quester shall— or loss of real property, personal property, or tion to the minimum requirements of section (aa) submit the request in writing and send natural resources, which shall be recoverable 4203 if necessary to make a determination of the to the representative as early as prac- by a State or a political subdivision of a eligibility for an award. ticable, but not later than 30 days, after the State. (B) COST.—If the Administrator requests date of the original hearing request; and (4) PROFITS AND EARNING CAPACITY.—Dam- additional evidence under subparagraph (A), (bb) explain why the testimony or evidence ages equal to the loss of profits or impair- the cost of obtaining the additional evidence is directly relevant to the issues at hand, ment of earning capacity due to the injury, shall be borne by the Office. and a subpoena is the best method or oppor- destruction, or loss of real property, personal (b) PROPOSED DECISIONS.— tunity to obtain the evidence because there property, or natural resources, which shall (1) IN GENERAL.—Not later than 90 days are no other means by which the documents be recoverable by any claimant. after the date of the filing of a claim, the Ad- or testimony could have been obtained. (5) PUBLIC SERVICES.—Damages for net ministrator shall provide to the parties a (v) FEES AND MILEAGE.— costs of providing increased or additional proposed decision— (I) IN GENERAL.—Any person required by a public services during or after removal ac- (A) accepting or rejecting the claim in subpoena to attend as a witness shall be al- tivities, including protection from fire, safe- whole or in part; and lowed and paid the same fees and mileage as ty, or health hazards, caused by a discharge (B) specifying the amount of any proposed are paid witnesses in the district courts of of oil, which shall be recoverable by a State award. the United States. or a political subdivision of a State. (2) FORM.—The proposed decision shall— (II) FUND.—The fees and mileage shall be SEC. 4302. PAYMENT. (A) be in writing; paid from the Fund. (a) PAYMENTS.—Not later than 30 days (B) contain findings of fact and conclusions (2) REVIEW OF WRITTEN RECORD.— after a final determination of an award of law; and (A) IN GENERAL.—Instead of a hearing under this title, a claimant that is entitled (C) contain an explanation of the procedure under paragraph (1), any party not satisfied to an award under this title shall receive the for obtaining review of the proposed deci- with a proposed decision of the Adminis- amount of the award through payments from sion. trator shall have the option, on written re- the responsible parties. quest made not later than 90 days after the (b) LIMITATION ON TRANSFERABILITY.—A (c) REVIEW OF PROPOSED DECISIONS.— date of the issuance of the decision, of ob- claim filed under this title shall not be as- (1) RIGHT TO HEARING.— taining a review of the written record by a signable or otherwise transferable under this (A) IN GENERAL.—Any party not satisfied representative of the Administrator. title. with a proposed decision of the Adminis- (B) OPPORTUNITY TO BE HEARD.—If a review trator under subsection (b) shall be entitled, SEC. 4303. SETOFFS FOR COLLATERAL SOURCE is requested under subparagraph (A), the par- COMPENSATION AND PRIOR on written request made not later than 90 ties shall be afforded an opportunity to sub- AWARDS. days after the date of the issuance of the de- mit any written evidence or argument that The amount of an award otherwise avail- cision, to a hearing on the claim of the the claimant believes relevant. able to a claimant under this title shall be claimant before a representative of the Ad- (d) FINAL DECISIONS.— reduced by the amount of collateral source ministrator. (1) IN GENERAL.—If the period of time for compensation. (B) TESTIMONY.—At the hearing, the party requesting review of the proposed decision SEC. 4304. SUBROGATION. shall be entitled to present oral evidence and expires and no request has been filed, or if Any person that pays compensation pursu- written testimony in further support of the the parties waive any objections to the pro- ant to this title to any claimant for damages claim. posed decision, the Administrator shall issue shall be subrogated to all rights, claims, and (C) CONDUCT OF HEARING.— a final decision. causes of action the claimant has under any (i) IN GENERAL.—The hearing shall, to the (2) VARIANCE FROM PROPOSED DECISION.—If other law. maximum extent practicable, be conducted the decision materially differs from the pro- Subtitle D—Judicial Review at a time and place convenient for the claim- posed decision, the parties shall be entitled SEC. 4401. JUDICIAL REVIEW OF RULES AND REG- ant. to review of the decision under subsection ULATIONS. (ii) ADMINISTRATION.—Except as otherwise (c). (a) EXCLUSIVE JURISDICTION.—The United provided in this title, in conducting the (3) TIMING.—If the parties request review of States Court of Appeals for the District of hearing, the representative of the Adminis- all or part of the proposed decision the Ad- Columbia Circuit shall have exclusive juris- trator shall conduct the hearing in a manner ministrator shall issue a final decision on diction over any action to review rules or that best determines the rights of the parties the claim not later than— regulations promulgated by the Adminis- and shall not be bound by— (A) 180 days after the date the request for trator under this title. (I) common law or statutory rules of evi- review is received, if a party requests a hear- (b) PERIOD FOR FILING PETITION.—A peti- dence; ing; or tion for review under this section shall be (II) technical or formal rules of procedure; (B) 90 days after the date the request for filed not later than 60 days after the date no- or review is received, if the claimant requests tice of the promulgation of the rules or regu- (III) section 554 of title 5, United States review of the written record. lations appears in the Federal Register. Code. (4) CONTENT.—The decision shall be in writ- (c) EXPEDITED PROCEDURES.—The United (iii) EVIDENCE.—For purposes of clause (ii), ing and contain findings of fact and conclu- States Court of Appeals for the District of the representative of the Administrator shall sions of law. Columbia shall provide for expedited proce- receive such relevant evidence as the claim- (e) REPRESENTATION.—A party may author- dures for reviews under this section. ant adduces and such other evidence as the ize an attorney or other individual to rep- SEC. 4402. JUDICIAL REVIEW OF AWARD DECI- representative determines necessary or use- resent the party in any proceeding under SIONS. ful in evaluating the claim. this title. (a) IN GENERAL.—Any claimant or respon- (D) REQUEST FOR SUBPOENAS.— Subtitle C—Awards sible party adversely affected or aggrieved (i) IN GENERAL.—Subject to clause (iv), a by a final decision of the Administrator SEC. 4301. AMOUNT. awarding or denying compensation under party may request a representative of the (a) IN GENERAL.—A claimant that meets Administrator to issue a subpoena but the this title may petition for judicial review of the requirements of section 4201 shall be en- the decision. decision to grant or deny the request is with- titled to an award in an amount equal to the in the discretion of the representative. (b) PERIOD FOR FILING PETITION.—Any peti- damages specified in subsection (b) sustained tion for review under this section shall be (ii) SUBPOENAS.—Subject to clause (iii), the as a result of Deepwater Horizon incident. filed not later than 90 days after the date of representative may issue subpoenas for— (b) COVERED DAMAGES.—For purposes of issuance of a final decision of the Adminis- (I) the attendance and testimony of wit- subsection (a), covered damages shall be 1 or trator. nesses; and more of the following types of damages (if (c) EXCLUSIVE JURISDICTION.—A petition for (II) the production of books, records, cor- applicable): review may only be filed in the United respondence, papers, or other relevant docu- (1) REAL OR PERSONAL PROPERTY.—Damages States Court of Appeals for the circuit in ments. for injury to, or economic losses resulting which the claimant resides at the time of the (iii) PREREQUISITES.—Subpoenas may be from destruction of, real or personal prop- issuance of the final order. issued for documents under this subpara- erty, which shall be recoverable by a claim- (d) STANDARD OF REVIEW.—The court shall graph only if — ant who owns or leases that property. uphold the decision of the Administrator un- (I) in the case of documents, the docu- (2) SUBSISTENCE USE.—Damages for loss of less the court determines, on review of the ments are relevant and cannot be obtained subsistence use of natural resources, which record as a whole, that the decision is not by other means; and shall be recoverable by any claimant who so supported by substantial evidence, is con- (II) in the case of witnesses, oral testimony uses natural resources that have been in- trary to law, or is not in accordance with is the best way to ascertain the facts. jured, destroyed, or lost, without regard to procedure required by law. (iv) REQUEST.— the ownership or management of the re- (e) EXPEDITED PROCEDURES.—The United (I) HEARING PROCESS.—A party may request sources. States Court of Appeals shall provide for ex- a subpoena under this subparagraph only as (3) REVENUES.—Damages equal to the net pedited procedures for reviews under this part of the hearing process. loss of taxes, royalties, rents, fees, or net section.

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OTHER JUDICIAL CHALLENGES. him to the bill H.R. 4899, making emer- ‘‘(3) REQUIREMENTS.—In exercising the au- (a) EXCLUSIVE JURISDICTION.—The United gency supplemental appropriations for thority granted under paragraph (1), the Ex- States District Court for the District of Co- disaster relief and summer jobs for the ecutive Director shall ensure that any action lumbia shall have exclusive jurisdiction over fiscal year ending September 30, 2010, taken by the Executive Director— any action for declaratory or injunctive re- ‘‘(A) is consistent with the merit principles lief challenging any provision of this title. and for other purposes; which was or- of section 2301 of title 5, United States Code; (b) PERIOD FOR FILING PETITIONS.—An ac- dered to lie on the table; as follows: and tion under this section shall be filed not On page 79, line 2, strike ‘‘and (3)’’ and in- ‘‘(B) complies with the public notice re- later than the later of— sert ‘‘(3) may use, without further appropria- quirements of section 3327 of title 5, United (1) the date that is 60 days after the date of tion, amounts from the Oil Spill Liability States Code. enactment of this Act; or Trust Fund in the event of a spill of national ‘‘(4) SUNSET.—The authority provided (2) the date that is 60 days after the final significance for administrative and per- under paragraph (1) shall terminate on Sep- action by the Administrator or the Office sonnel costs to process claims (including the tember 30, 2011. giving rise to the action. costs of commercial claims processing, ex- ‘‘(n) PROFESSIONAL ADVISORS.—The Sec- (c) DIRECT APPEAL.— pert services, and technical services); and retary may— (1) IN GENERAL.—A final decision in the ac- (4)’’. ‘‘(1) retain agents and legal and other pro- tion shall be reviewable on appeal directly to fessional advisors in connection with guaran- the Supreme Court. SA 4267. Mr. BINGAMAN (for him- tees and related activities authorized under (2) ADMINISTRATION.—The appeal shall be self, Ms. MURKOWSKI, and Mrs. this title; taken by the filing of a notice of appeal not SHAHEEN) submitted an amendment in- ‘‘(2) require applicants for and recipients of later than 30 days, and the filing of a juris- tended to be proposed by him to the loan guarantees to pay all fees and expenses dictional statement not later than 60 days, bill H.R. 4899, making emergency sup- of the agents and advisors; and after the date of the entry of the final deci- plemental appropriations for disaster ‘‘(3) notwithstanding any other provision sion. relief and summer jobs for the fiscal of law, select such advisors in such manner (d) EXPEDITED PROCEDURES.—It is the sense year ending September 30, 2010, and for and using such procedures as the Secretary of Congress that the Supreme Court and the other purposes; which was ordered to determines to be appropriate to protect the United States District Court for the District interests of the United States and achieve of Columbia are urged to advance on the lie on the table; as follows: the purposes of this title. docket and otherwise expedite, to the max- On page 30, between lines 6 and 7, insert ‘‘(o) MULTIPLE SITES.—Notwithstanding imum extent practicable, the disposition of the following: any contrary requirement (including any an action covered by this section. SEC. 4ll. (a) Section 1702 of the Energy provision under part 609.12 of title 10, Code of Policy Act of 2005 (42 U.S.C. 16512) is amend- Subtitle E—Effect on Other Laws Federal Regulations) an eligible project may ed— be located on 2 or more non-contiguous sites SEC. 4501. EFFECT ON OTHER LAWS. (1) by striking subsection (b) and inserting in the United States.’’. This title shall supersede any Federal or the following: (b) Section 1705 of the Energy Policy Act of State law to the extent that the law relates ‘‘(b) SPECIFIC APPROPRIATION OR CONTRIBU- 2005 (42 U.S.C. 16516) is amended— to any claim for damages compensated under TION.— (1) by redesignating subsection (e) as sub- this title. ‘‘(1) IN GENERAL.—No guarantee shall be section (f); and made unless— (2) by inserting after subsection (d) the fol- SA 4265. Mr. HATCH submitted an ‘‘(A) an appropriation for the cost of the lowing: guarantee has been made; amendment intended to be proposed by ‘‘(e) MULTIPLE APPLICATIONS.—Notwith- ‘‘(B) the Secretary has received from the him to the bill H.R. 4899, making emer- standing any contrary requirement (includ- borrower a payment in full for the cost of gency supplemental appropriations for ing any provision under part 609.3(a) of title the guarantee and deposited the payment disaster relief and summer jobs for the 10, Code of Federal Regulations), a project into the Treasury; or applicant or sponsor of an eligible project fiscal year ending September 30, 2010, ‘‘(C) a combination of appropriations under may submit an application for more than 1 and for other purposes; which was or- subparagraph (A) or payments from the bor- eligible project under this section.’’. dered to lie on the table; as follows: rower under subparagraph (B) has been made (c) Section 1705(a) of the Energy Policy Act that is sufficient to cover the cost of the On page 81, between lines 22 and 23, insert of 2005 (42 U.S.C. 16516(a)) is amended by add- guarantee. the following: ing at the end the following: ‘‘(2) LIMITATION.—The source of payments PROHIBITION ON FRAUDULENT REPRESENTATION ‘‘(4) Energy efficiency projects, including received from a borrower under subpara- OF MILITARY SERVICE TO OBTAIN EMPLOY- projects to retrofit residential, commercial, graph (B) or (C) of paragraph (1) shall not be MENT OR OTHER BENEFITS and industrial buildings, facilities, and a loan or other debt obligation that is made SEC. 3008. (a) CRIMINAL OFFENSE.—Section equipment.’’. or guaranteed by the Federal Government.’’; 704 of title 18, United States Code, is amend- (d) Section 136 of the Energy Independence and ed by adding at the end the following new and Security Act of 2007 (42 U.S.C. 17013) is (2) by adding at the end the following: subsection: amended— ‘‘(l) CREDIT REPORT.—If, in the opinion of ‘‘(c) FRAUDULENT REPRESENTATION OF MILI- the Secretary, a third-party credit rating of (1) by striking subsection (f) and inserting TARY SERVICE.—Whoever knowingly makes a the applicant or project is not relevant to the following: fraudulent statement or representation, ver- the determination of the credit risk of a ‘‘(f) FEES.—Except as otherwise permitted bally or in writing, regarding the person’s project, if the project costs are not projected under subsection (i), administrative costs record of military service in the United to exceed $100,000,000, and the applicant shall be not more than $100,000 or 10 basis States Armed Forces, including, but not lim- agrees to accept the credit rating assigned to points of the loan.’’; ited to, participation in combat operations, the applicant by the Secretary, the Sec- (2) by redesignating subsections (i) and (j) for the purposes of gaining recognition, hon- retary may waive any otherwise applicable as subsections (j) and (k), respectively; and orarium, official office, or other position of requirement (including any requirement de- (3) by inserting after subsection (h) the end authority, employment or other benefit or scribed in part 609 of title 10, Code of Federal the following: object of value as a result of the statement, Regulations) to provide a third-party credit ‘‘(i) PROFESSIONAL ADVISORS.—The Sec- shall be fined under this title, imprisoned report. retary may— not more than six months, or both.’’. ‘‘(m) DIRECT HIRE AUTHORITY.— ‘‘(1) retain agents and legal and other pro- (b) CONFORMING AMENDMENTS.— ‘‘(1) IN GENERAL.—Notwithstanding sec- fessional advisors in connection with guaran- (1) HEADING AMENDMENT.—The heading of tions 3304 and sections 3309 through 3318 of tees and related activities authorized under such section is amended to read as follows: title 5, United States Code, the head of the this section; ‘‘§ 704. Military medal or decorations; military loan guarantee program under this title (re- ‘‘(2) require applicants for and recipients of service’’. ferred to in this subsection as the ‘Executive loan guarantees to pay directly, or through the payment of fees to the Secretary, all fees (2) TABLE OF SECTIONS.—The table of sec- Director’) may, on a determination that and expenses of the agents and advisors; and tions at the beginning of chapter 33 of such there is a severe shortage of candidates or a ‘‘(3) notwithstanding any other provision title is amended by striking the item relat- severe hiring need for particular positions to of law, select such advisors in such manner ing to section 704 and inserting the following carry out the functions of this title, recruit and using such procedures as the Secretary new item: and directly appoint highly qualified critical personnel with specialized knowledge impor- determines to be appropriate to protect the ‘‘704. Military medal or decorations; mili- tant to the function of the programs under interests of the United States and achieve tary service.’’. this title into the competitive service. the purposes of this section.’’. ‘‘(2) EXCEPTION.—The authority granted SA 4266. Mr. BINGAMAN (for himself under paragraph (1) shall not apply to posi- SA 4268. Mr. BINGAMAN (for himself and Ms. MURKOWSKI) submitted an tions in the excepted service or the Senior and Ms. MURKOWSKI) submitted an amendment intended to be proposed by Executive Service. amendment intended to be proposed by

VerDate Mar 15 2010 03:46 May 27, 2010 Jkt 089060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\A26MY6.058 S26MYPT1 smartinez on DSKB9S0YB1PROD with SENATE S4458 CONGRESSIONAL RECORD — SENATE May 26, 2010 him to the bill S. 4899, making emer- striking ‘‘subsection (b) of section 11 of the and the Council on Environmental Quality gency supplemental appropriations for Travel Promotion Act of 2009’’ and inserting based on the joint review under paragraph (1) disaster relief and summer jobs for the ‘‘subsection (b) of the Travel Promotion Act and by the Commission based on the final re- fiscal year ending September 30, 2010, of 2009 (22 U.S.C. 2131(b))’’. port described in paragraph (2) have been fully implemented, as determined to be ap- and for other purposes; which was or- SA 4270. Mr. CARDIN submitted an propriate by the President; and dered to lie on the table, as follows: amendment intended to be proposed by (4) the Secretary of the Interior has sub- On page 30, between lines 6 and 7, insert him to the bill S. 4899, making emer- mitted a report that describes the changes the following: gency supplemental appropriations for implemented under paragraph (3) to— SEC. 4ll. Section 1702 of the Energy Pol- disaster relief and summer jobs for the (A) the Committee on Environment and icy Act of 2005 (42 U.S.C. 16512) is amended by Public Works of the Senate; and adding at the end the following: fiscal year ending September 30, 2010, (B) the Committee on Natural Resources of ‘‘(l) DEADLINE FOR OMB REVIEW.—If the and for other purposes; which was or- the House of Representatives. Secretary submits to the Director of the Of- dered to lie on the table, as follows: fice of Management and Budget a loan guar- At the appropriate place, insert the fol- SA 4272. Mr. ROCKEFELLER sub- antee for review and comment, the Secretary lowing: mitted an amendment intended to be may, taking into consideration comments SEC. ll. EXTENSION OF DEPENDENT COVERAGE proposed by him to the bill H.R. 4899, made by the Director, issue a conditional UNDER FEHBP. making emergency supplemental ap- commitment to enter into the loan guar- (a) PROVISIONS RELATING TO AGE.—Chapter propriations for disaster relief and antee at least 30 days subsequent to the sub- 89 of title 5, United States Code, is amend- mittal, without further approval from the summer jobs for the fiscal year ending ed— September 30, 2010, and for other pur- Director.’’. (1) in section 8901(5)— (A) in the matter before subparagraph (A), poses; which was ordered to lie on the SA 4269. Ms. KLOBUCHAR (for her- by striking ‘‘22 years of age’’ and inserting table; as follows: self, Mr. DORGAN, Mr. ENSIGN, Mr. ‘‘26 years of age’’; and On page 71, line 14, strike ‘‘Code:’’ and in- BEGICH, and Mr. LEMIEUX) submitted (B) in the matter after subparagraph (B), sert ‘‘Code, and $80,900,000 shall be available an amendment intended to be proposed by striking ‘‘age 22’’ and inserting ‘‘age 26’’; to the Secretary of Transportation for a na- by her to the bill H.R. 4899, making and tional advertising and enforcement cam- emergency supplemental appropria- (2) in section 8905(c)(2)(B)— paign against distracted driving, and for tions for disaster relief and summer (A) in clause (i), by striking ‘‘22 years of grants to States to carry out enforcement age’’ and inserting ‘‘26 years of age’’; and against distracted driving:’’. jobs for the fiscal year ending Sep- (B) in clause (ii), by striking ‘‘age 22’’ and tember 30, 2010, and for other purposes; inserting ‘‘age 26’’. SA 4273. Mr. BURR submitted an which was ordered to lie on the table; (b) PROVISIONS RELATING TO MARITAL STA- amendment intended to be proposed by as follows: TUS.—Chapter 89 of title 5, United States him to the bill H.R. 4899, making emer- At the appropriate place, insert the fol- Code, is further amended— gency supplemental appropriations for lowing: (1) in section 8901(5) and subsections disaster relief and summer jobs for the SEC. ———. AMENDMENT OF TRAVEL PRO- (b)(2)(A), (c)(2)(B), (e)(1)(B), and (e)(2)(A) of fiscal year ending September 30, 2010, MOTION ACT OF 2009. section 8905a, by striking ‘‘an unmarried de- pendent’’ each place it appears and inserting and for other purposes; which was or- (a) TRAVEL PROMOTION FUND FEES.—Sec- dered to lie on the table; as follows: tion 217(h)(3)(B) of the Immigration and Na- ‘‘a dependent’’; and tionality Act (8 U.S.C. 1187(h)(3)(B)) is (2) in section 8905(c)(2)(B), by striking ‘‘un- On page 41, strike lines 10 through 24. amended— married dependent’’ and inserting ‘‘depend- (1) by striking ‘‘6 months’’ in clause (i) and ent’’. SA 4274. Mr. BURR submitted an inserting ‘‘12 months’’; and (c) EFFECTIVE DATE.—The amendments amendment intended to be proposed by (2) by striking ‘‘subsection (d) of section 11 made by this section shall become effective him to the bill H.R. 4899, making emer- of the Travel Promotion Act of 2009.’’ in as if included in the enactment of section gency supplemental appropriations for clause (ii) and inserting ‘‘subsection (d) of 1001 of the Patient Protection and Affordable disaster relief and summer jobs for the the Travel Promotion Act of 2009 (22 U.S.C. Care Act (Public Law 111–148), except that fiscal year ending September 30, 2010, 2131(d)).’’; and the Director of the Office of Personnel Man- agement may implement such amendments and for other purposes; which was or- (3) by striking ‘‘September 30, 2014.’’ in dered to lie on the table; as follows: clause (iii) and inserting ‘‘September 30, for such periods before the effective date 2015.’’. otherwise provided in section 1004(a) of such On page 41, strike line 14 and all that fol- (b) IMPLEMENTATION BEGINNING IN FISCAL Act as the Director may specify. lows through line 18 and insert the following: YEAR 2011.—Subsection (d) of the Travel Pro- ‘‘Medical Services’’ account: Provided, That motion Act of 2009 (22 U.S.C. 2131(d)) is SA 4271. Mr. CARDIN submitted an any amount transferred from ‘‘Construction, amended— amendment intended to be proposed by Major Projects’’ shall be derived from unob- (1) by striking ‘‘fiscal year 2010,’’ in para- him to the bill S. 4899, making emer- ligated balances that are a direct result of graph (2)(A) and inserting ‘‘fiscal year 2011,’’; gency supplemental appropriations for bid savings: Provided further, That such (2) by striking ‘‘January 1, 2010,’’ in para- disaster relief and summer jobs for the amounts are used to provide assistance and graph (2)(A) and inserting ‘‘January 1, 2011,’’: fiscal year ending September 30, 2010, support services to caregivers under section (3) by striking ‘‘fiscal years 2011 through 1720G of title 38, United States Code, and to 2014,’’ in paragraph (2)(B) and inserting ‘‘fis- and for other purposes; which was or- carry out the provisions of title I of the cal years 2012 through 2015,’’; dered to lie on the table, as follows: Caregivers and Veterans Omnibus Health (4) by striking ‘‘fiscal year 2010,’’ in para- On page 81, between lines 23 and 24, insert Services Act of 2010 (Public Law 111–163): graph (3)(A) and inserting ‘‘fiscal year 2011,’’; the following: Provided further, That no amounts may be (5) by striking ‘‘fiscal year 2011,’’ each SEC. 30ll. None of the funds made avail- transferred from amounts place it appears in paragraph (3)(A) and in- able by this Act or any other law shall be serting ‘‘fiscal year 2012,’’; and used by the Secretary of the Interior to re- SA 4275. Mr. BURR submitted an (6) by striking ‘‘fiscal year 2010, 2011, 2012, view or approve plans or permits for the ex- amendment intended to be proposed by 2013, or 2014’’ in paragraph (4)(B) and insert- ploration, development, or production of oil him to the bill H.R. 4899, making emer- ing ‘‘fiscal year 2011, 2012, 2013, 2014, or 2015’’. and natural gas in the outer Continental gency supplemental appropriations for (c) PROGRAM AUDITS.—Subsection (b)(8)(D) Shelf until such time as— disaster relief and summer jobs for the of the Travel Promotion Act of 2009 (22 (1) the Secretary of the Interior and the U.S.C. 2131(b)(8)(D)) is amended by striking Council on Environmental Quality have fiscal year ending September 30, 2010, ‘‘2 years after the date of enactment of this completed a joint review of applicable proce- and for other purposes; which was or- section,’’ and inserting ‘‘3 years after the dures under the National Environmental dered to lie on the table; as follows: date of enactment of the Travel Promotion Policy Act of 1969 (42 U.S.C. 4321 et seq.); On page 41, strike line 10 and all that fol- Act of 2009,’’. (2) the National Commission on the BP lows through line 22 and insert the following: (d) RESEARCH PROGRAM.—Section 203(b) of Deepwater Horizon Oil Spill and Offshore SEC. 901. (a) Of the amounts made available the International Travel Act of 1961 (22 Drilling established by Executive Order on to the Department of Veterans Affairs under U.S.C. 2123a(b)) is amended by striking ‘‘2010 May 22, 2010 (referred to in this section as the ‘‘Construction, Major Projects’’ account, through 2014’’ and inserting ‘‘2010 through the ‘‘Commission’’), has submitted a final in fiscal year 2010 or previous fiscal years, 2015’’. public report to the President in accordance the unobligated balances that are a direct re- (e) CORRECTION OF CROSS-REFERENCE.—Sec- with section 3(c) of that Executive Order; sult of bid savings may be used by the Sec- tion 202(c)(1) of the International Travel Act (3) any policy or procedural changes rec- retary of Veterans Affairs for such major of 1961 (22 U.S.C. 2123(c)(1)) is amended by ommended by the Secretary of the Interior medical facility projects (as defined under

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section 8104(a) of title 38, United States ‘‘(b) CONTINUATION OF GULF OF MEXICO PRO- plement those strategies, including the cre- Code) that have been authorized by law as GRAM.— ation, restoration, protection, or enhance- the Secretary considers appropriate. ‘‘(1) GULF OF MEXICO PROGRAM OFFICE.— ment of habitat associated with the Gulf of ‘‘(A) REESTABLISHMENT.—The Program Of- Mexico ecosystem; and SA 4276. Mr. WICKER (for himself, fice established before the date of enactment ‘‘(E) eliminating or reducing nonpoint Mr. SHELBY, and Mr. LEMIEUX) sub- of this section by the Administrator is rees- sources that discharge pollutants that con- mitted an amendment intended to be tablished as an office of the Environmental taminate the Gulf of Mexico ecosystem, in- proposed by him to the bill H.R. 4899, Protection Agency. cluding activities to eliminate leaking septic making emergency supplemental ap- ‘‘(B) REQUIREMENTS.—The Program Office systems and construct connections to local shall be— propriations for disaster relief and sewage systems. ‘‘(i) headed by a Director who, by reason of ‘‘(2) FEDERAL SHARE.—The Federal share of summer jobs for the fiscal year ending management experience and technical exper- the cost of any project or activity carried September 30, 2010, and for other pur- tise relating to the Gulf of Mexico, is highly out using a grant provided under this section poses; which was ordered to lie on the qualified to direct the development of plans shall not exceed 75 percent, as determined by table; as follows: and programs on a variety of Gulf of Mexico the Administrator. At the end, add the following: issues, as determined by the Administrator; ‘‘(3) ADMINISTRATIVE COSTS.—Administra- and DIVISION B—GULF OF MEXICO tive costs in the form of salaries, overhead, ‘‘(ii) located in a State all or a portion of RESTORATION AND PROTECTION or indirect costs for services provided and the coastline of which is on the Gulf of Mex- charged against programs or projects carried SECTION 1. SHORT TITLE. ico. out using funds made available through a This division may be cited as the ‘‘Gulf of ‘‘(C) FUNCTIONS.—The Program Office grant under this subsection shall not exceed Mexico Restoration and Protection Act’’. shall— 15 percent of the amount of the grant. SEC. 2. FINDINGS AND PURPOSES. ‘‘(i) coordinate the actions of the Environ- ‘‘(e) REPORTS.— (a) FINDINGS.—Congress finds that— mental Protection Agency with the actions ‘‘(1) ANNUAL REPORT.—Not later than De- (1) the Gulf of Mexico is a valuable re- of the appropriate officials of other Federal cember 30, 2009, and annually thereafter, the source of national and international impor- agencies and State and local authorities in Director of the Program Office shall submit tance, continuously serving the people of the developing strategies— to the Administrator and make available to United States and other countries as an im- ‘‘(I) to improve the water quality and liv- the public a report that describes— portant source of food, economic produc- ing resources in the Gulf of Mexico eco- ‘‘(A) each project and activity funded tivity, recreation, beauty, and enjoyment; system; and under this section during the previous fiscal (2) over many years, the resource produc- ‘‘(II) to obtain the support of appropriate year; tivity and water quality of the Gulf of Mex- officials; ‘‘(B) the goals and objectives of those ico and its watershed have been diminished ‘‘(ii) in cooperation with appropriate Fed- projects and activities; and by point and nonpoint source pollution; eral, State, and local authorities, assist in ‘‘(C) the net benefits of projects and activi- (3) the United States should seek to attain developing and implementing specific action ties funded under this section during pre- the protection and restoration of the Gulf of plans to carry out the Program; vious fiscal years. Mexico ecosystem as a collaborative regional ‘‘(iii) coordinate and implement priority ‘‘(2) ASSESSMENT.— goal of the Gulf of Mexico Program; and State-led and community-led restoration ‘‘(A) IN GENERAL.—Not later than April 30, (4) the Administrator of the Environ- plans and projects, and facilitate science, re- 2011, and every 5 years thereafter, the Ad- mental Protection Agency, in consultation search, modeling, monitoring, data collec- ministrator, in coordination with the Gulf of with other Federal agencies and State and tion, and other activities that support the Mexico Executive Council, shall complete an local authorities, should coordinate the ef- Program through the provision of grants assessment, and submit to Congress a com- fort to meet those goals. under subsection (d); prehensive report on the performance, of the (b) PURPOSES.—The purposes of this divi- ‘‘(iv) implement outreach programs for Program. sion are— public information, education, and participa- ‘‘(B) REQUIREMENTS.—The assessment and (1) to expand and strengthen cooperative tion to foster stewardship of the resources of report described in subparagraph (A) shall— voluntary efforts to restore and protect the the Gulf of Mexico; ‘‘(i) assess the overall state of the Gulf of Gulf of Mexico; ‘‘(v) develop and make available, through Mexico ecosystem; (2) to expand Federal support for moni- publications, technical assistance, and other ‘‘(ii) compare the current state of the Gulf toring, management, and restoration activi- appropriate means, information pertaining of Mexico ecosystem with a baseline assess- ties in the Gulf of Mexico and its watershed; to the environmental quality and living re- ment; (3) to commit the United States to a com- sources of the Gulf of Mexico ecosystem; ‘‘(iii) include specific measures to assess prehensive cooperative program to achieve ‘‘(vi) serve as the liaison with, and provide any improvements in water quality and liv- improved water quality in, and improve- information to, the Mexican members of the ing resources of the Gulf of Mexico eco- ments in the productivity of living resources Gulf of Mexico States Accord and Mexican system; of, the Gulf of Mexico; and counterparts of the Environmental Protec- ‘‘(iv) assess the effectiveness of the Pro- (4) to establish a Gulf of Mexico Program tion Agency; and gram management strategies being imple- to serve as a national and international ‘‘(vii) focus the efforts and resources of the mented, and the extent to which the priority model for the collaborative management of Program Office on activities that will result needs of the region are being met through large marine ecosystems. in measurable improvements to water qual- that implementation; and SEC. 3. GULF OF MEXICO RESTORATION AND ity and living resources of the Gulf of Mexico ‘‘(v) make recommendations for the im- PROTECTION. ecosystem. proved management of the Program, includ- Title I of the Federal Water Pollution Con- ‘‘(c) INTERAGENCY AGREEMENTS.—The Ad- trol Act (33 U.S.C. 1251 et seq.) is amended by ministrator may enter into 1 or more inter- ing strengthening strategies being imple- adding at the end the following: agency agreements with other Federal agen- mented or adopting improved strategies. ‘‘(f) BUDGET ITEM.—The Administrator, in ‘‘SEC. 123. GULF OF MEXICO RESTORATION AND cies to carry out this section. PROTECTION. ‘‘(d) GRANTS.— the annual submission to Congress of the ‘‘(a) DEFINITIONS.—In this section; ‘‘(1) IN GENERAL.—In accordance with the budget of the Environmental Protection ‘‘(1) GULF OF MEXICO ECOSYSTEM.—The term Program, the Administrator, acting through Agency, shall include a funding line item re- ‘Gulf of Mexico ecosystem’ means the eco- the Program Office, may provide grants to quest for the Program Office as a separate system of the Gulf of Mexico and its water- nonprofit organizations, State and local gov- budget line item. shed. ernments, colleges, universities, interstate ‘‘(g) LIMITATION ON REGULATORY AUTHOR- ‘‘(2) GULF OF MEXICO EXECUTIVE COUNCIL.— agencies, and individuals to carry out this ITY.—Nothing in this section establishes any The term ‘Gulf of Mexico Executive Council’ section for use in— new legal or regulatory authority of the Ad- means the formal collaborative Federal, ‘‘(A) monitoring the water quality and liv- ministrator other than the authority to pro- State, local, and private participants in the ing resources of the Gulf of Mexico eco- vide grants in accordance with this section. Program. system; ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(3) PROGRAM.—The term ‘Program’ means ‘‘(B) researching the effects of natural and There are authorized to be appropriated to the Gulf of Mexico Program established by human-induced environmental changes on carry out this section, to remain available the Administrator in 1988 as a nonregula- the water quality and living resources of the until expended— tory, inclusive partnership to provide a Gulf of Mexico ecosystem; ‘‘(1) $10,000,000 for fiscal year 2010; broad geographic focus on the primary envi- ‘‘(C) developing and executing cooperative ‘‘(2) $15,000,000 for fiscal year 2011; and ronmental issues affecting the Gulf of Mex- strategies that address the water quality and ‘‘(3) $25,000,000 for each of fiscal years 2012 ico. living resource needs in the Gulf of Mexico through 2014.’’. ‘‘(4) PROGRAM OFFICE.—The term ‘Program ecosystem; Office’ means the office established by the ‘‘(D) developing and implementing locally SA 4277. Mr. WICKER (for himself, Administrator to administer the Program based protection and restoration programs Mr. SHELBY, and Mr. LEMIEUX) sub- that is reestablished by subsection (b)(1)(A). or projects within a watershed that com- mitted an amendment intended to be

VerDate Mar 15 2010 03:46 May 27, 2010 Jkt 089060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\A26MY6.071 S26MYPT1 smartinez on DSKB9S0YB1PROD with SENATE S4460 CONGRESSIONAL RECORD — SENATE May 26, 2010 proposed by him to the bill H.R. 4899, tablished as an office of the Environmental taminate the Gulf of Mexico ecosystem, in- making emergency supplemental ap- Protection Agency. cluding activities to eliminate leaking septic propriations for disaster relief and ‘‘(B) REQUIREMENTS.—The Program Office systems and construct connections to local summer jobs for the fiscal year ending shall be— sewage systems. ‘‘(i) headed by a Director who, by reason of ‘‘(2) FEDERAL SHARE.—The Federal share of September 30, 2010, and for other pur- management experience and technical exper- the cost of any project or activity carried poses; which was ordered to lie on the tise relating to the Gulf of Mexico, is highly out using a grant provided under this section table; as follows: qualified to direct the development of plans shall not exceed 75 percent, as determined by At the end, add the following: and programs on a variety of Gulf of Mexico the Administrator. issues, as determined by the Administrator; ‘‘(3) ADMINISTRATIVE COSTS.—Administra- DIVISION B—GULF OF MEXICO and tive costs in the form of salaries, overhead, RESTORATION AND PROTECTION ‘‘(ii) located in a State all or a portion of or indirect costs for services provided and SECTION 1. SHORT TITLE. the coastline of which is on the Gulf of Mex- charged against programs or projects carried This division may be cited as the ‘‘Gulf of ico. out using funds made available through a Mexico Restoration and Protection Act’’. ‘‘(C) FUNCTIONS.—The Program Office grant under this subsection shall not exceed SEC. 2. FINDINGS AND PURPOSES. shall— 15 percent of the amount of the grant. (a) FINDINGS.—Congress finds that— ‘‘(i) coordinate the actions of the Environ- ‘‘(e) REPORTS.— (1) the Gulf of Mexico is a valuable re- mental Protection Agency with the actions ‘‘(1) ANNUAL REPORT.—Not later than De- source of national and international impor- of the appropriate officials of other Federal cember 30, 2009, and annually thereafter, the tance, continuously serving the people of the agencies and State and local authorities in Director of the Program Office shall submit United States and other countries as an im- developing strategies— to the Administrator and make available to portant source of food, economic produc- ‘‘(I) to improve the water quality and liv- the public a report that describes— tivity, recreation, beauty, and enjoyment; ing resources in the Gulf of Mexico eco- ‘‘(A) each project and activity funded (2) over many years, the resource produc- system; and under this section during the previous fiscal tivity and water quality of the Gulf of Mex- ‘‘(II) to obtain the support of appropriate year; ico and its watershed have been diminished officials; ‘‘(B) the goals and objectives of those by point and nonpoint source pollution; ‘‘(ii) in cooperation with appropriate Fed- projects and activities; and (3) the United States should seek to attain eral, State, and local authorities, assist in ‘‘(C) the net benefits of projects and activi- ties funded under this section during pre- the protection and restoration of the Gulf of developing and implementing specific action vious fiscal years. Mexico ecosystem as a collaborative regional plans to carry out the Program; ‘‘(2) ASSESSMENT.— goal of the Gulf of Mexico Program; and ‘‘(iii) coordinate and implement priority ‘‘(A) IN GENERAL.—Not later than April 30, (4) the Administrator of the Environ- State-led and community-led restoration 2011, and every 5 years thereafter, the Ad- mental Protection Agency, in consultation plans and projects, and facilitate science, re- ministrator, in coordination with the Gulf of with other Federal agencies and State and search, modeling, monitoring, data collec- Mexico Executive Council, shall complete an local authorities, should coordinate the ef- tion, and other activities that support the Program through the provision of grants assessment, and submit to Congress a com- fort to meet those goals. under subsection (d); prehensive report on the performance, of the (b) PURPOSES.—The purposes of this divi- ‘‘(iv) implement outreach programs for Program. sion are— public information, education, and participa- ‘‘(B) REQUIREMENTS.—The assessment and (1) to expand and strengthen cooperative tion to foster stewardship of the resources of report described in subparagraph (A) shall— voluntary efforts to restore and protect the the Gulf of Mexico; ‘‘(i) assess the overall state of the Gulf of Gulf of Mexico; ‘‘(v) develop and make available, through Mexico ecosystem; (2) to expand Federal support for moni- publications, technical assistance, and other ‘‘(ii) compare the current state of the Gulf toring, management, and restoration activi- appropriate means, information pertaining of Mexico ecosystem with a baseline assess- ties in the Gulf of Mexico and its watershed; to the environmental quality and living re- ment; (3) to commit the United States to a com- sources of the Gulf of Mexico ecosystem; ‘‘(iii) include specific measures to assess prehensive cooperative program to achieve ‘‘(vi) serve as the liaison with, and provide any improvements in water quality and liv- improved water quality in, and improve- information to, the Mexican members of the ing resources of the Gulf of Mexico eco- ments in the productivity of living resources Gulf of Mexico States Accord and Mexican system; of, the Gulf of Mexico; and counterparts of the Environmental Protec- ‘‘(iv) assess the effectiveness of the Pro- (4) to establish a Gulf of Mexico Program tion Agency; and gram management strategies being imple- to serve as a national and international ‘‘(vii) focus the efforts and resources of the mented, and the extent to which the priority model for the collaborative management of Program Office on activities that will result needs of the region are being met through large marine ecosystems. in measurable improvements to water qual- that implementation; and SEC. 3. GULF OF MEXICO RESTORATION AND ity and living resources of the Gulf of Mexico ‘‘(v) make recommendations for the im- PROTECTION. ecosystem. proved management of the Program, includ- Title I of the Federal Water Pollution Con- ‘‘(c) INTERAGENCY AGREEMENTS.—The Ad- ing strengthening strategies being imple- trol Act (33 U.S.C. 1251 et seq.) is amended by ministrator may enter into 1 or more inter- mented or adopting improved strategies. adding at the end the following: agency agreements with other Federal agen- ‘‘(f) BUDGET ITEM.—The Administrator, in ‘‘SEC. 123. GULF OF MEXICO RESTORATION AND cies to carry out this section. the annual submission to Congress of the PROTECTION. ‘‘(d) GRANTS.— budget of the Environmental Protection ‘‘(a) DEFINITIONS.—In this section; ‘‘(1) IN GENERAL.—In accordance with the Agency, shall include a funding line item re- ‘‘(1) GULF OF MEXICO ECOSYSTEM.—The term Program, the Administrator, acting through quest for the Program Office as a separate ‘Gulf of Mexico ecosystem’ means the eco- the Program Office, may provide grants to budget line item. system of the Gulf of Mexico and its water- nonprofit organizations, State and local gov- ‘‘(g) LIMITATION ON REGULATORY AUTHOR- shed. ernments, colleges, universities, interstate ITY.—Nothing in this section establishes any new legal or regulatory authority of the Ad- ‘‘(2) GULF OF MEXICO EXECUTIVE COUNCIL.— agencies, and individuals to carry out this ministrator other than the authority to pro- The term ‘Gulf of Mexico Executive Council’ section for use in— vide grants in accordance with this section. means the formal collaborative Federal, ‘‘(A) monitoring the water quality and liv- ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— State, local, and private participants in the ing resources of the Gulf of Mexico eco- There are authorized to be appropriated to Program. system; carry out this section, to remain available ‘‘(3) PROGRAM.—The term ‘Program’ means ‘‘(B) researching the effects of natural and until expended— the Gulf of Mexico Program established by human-induced environmental changes on ‘‘(1) $10,000,000 for fiscal year 2010; the Administrator in 1988 as a nonregula- the water quality and living resources of the ‘‘(2) $15,000,000 for fiscal year 2011; and tory, inclusive partnership to provide a Gulf of Mexico ecosystem; ‘‘(3) $25,000,000 for each of fiscal years 2012 broad geographic focus on the primary envi- ‘‘(C) developing and executing cooperative through 2014.’’. ronmental issues affecting the Gulf of Mex- strategies that address the water quality and ico. living resource needs in the Gulf of Mexico SA 4278. Mr. GRAHAM submitted an ‘‘(4) PROGRAM OFFICE.—The term ‘Program ecosystem; amendment intended to be proposed by Office’ means the office established by the ‘‘(D) developing and implementing locally him to the bill H.R. 4899, making emer- Administrator to administer the Program based protection and restoration programs gency supplemental appropriations for that is reestablished by subsection (b)(1)(A). or projects within a watershed that com- disaster relief and summer jobs for the ‘‘(b) CONTINUATION OF GULF OF MEXICO PRO- plement those strategies, including the cre- GRAM.— ation, restoration, protection, or enhance- fiscal year ending September 30, 2010, ‘‘(1) GULF OF MEXICO PROGRAM OFFICE.— ment of habitat associated with the Gulf of and for other purposes; which was or- ‘‘(A) REESTABLISHMENT.—The Program Of- Mexico ecosystem; and dered to lie on the table; as follows: fice established before the date of enactment ‘‘(E) eliminating or reducing nonpoint On page 78, between lines 7 and 8, insert of this section by the Administrator is rees- sources that discharge pollutants that con- the following:

VerDate Mar 15 2010 03:46 May 27, 2010 Jkt 089060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\A26MY6.063 S26MYPT1 smartinez on DSKB9S0YB1PROD with SENATE May 26, 2010 CONGRESSIONAL RECORD — SENATE S4461 DEPARTMENT OF ENERGY KOWSKI, and Mr. BENNET) submitted an PUBLIC AVAILABILITY OF CONTRACTOR TITLE XVII INNOVATIVE TECHNOLOGY LOAN amendment intended to be proposed by INTEGRITY AND PERFORMANCE DATABASE GUARANTEE PROGRAM him to the bill H.R. 4899, making emer- SEC. 3008. Section 872(e)(1) of the Clean For the cost of guaranteed loans as author- gency supplemental appropriations for Contracting Act of 2008 (subtitle G of title ized by section 1702(b)(2) of the Energy Pol- VIII of Public Law 110–417; 41 U.S.C. disaster relief and summer jobs for the 417b(e)(1)) is amended by striking ‘‘and, upon icy Act of 2005 (42 U.S.C. 16512(b)(2)) for nu- fiscal year ending September 30, 2010, clear power facilities, an additional total request’’ and all that follows through the pe- principal amount of $9,000,000,000, to remain and for other purposes; which was or- riod at the end and inserting ‘‘and to all available until expended: Provided, That dered to lie on the table; as follows: members of Congress. In addition, the Ad- amounts made available under this heading On page 8, strike lines 9 through 25 and in- ministrator shall post all such information, shall be subject tosection 502 of the Federal sert the following: excluding past performance reviews, on a publicly available Internet website.’’. Credit Reform Act of 1990 (2 U.S.C. 661a): Pro- FOREST SERVICE vided further, That amounts made available NATIONAL FOREST SYSTEM SA 4282. Mr. PRYOR (for himself, under this heading shall be in addition to the authority provided under section 20320 of the For an additional amount for ‘‘National Mrs. LINCOLN, Mr. VITTER, Mr. Continuing Appropriations Act, 2007 (42 Forest System’’, for the protection of public BROWNBACK, and Mr. COCHRAN) sub- U.S.C. 16515): Provided further, That amounts health and safety through the removal of mitted an amendment intended to be made available under this heading shall be hazard trees killed by bark beetles, proposed by him to the bill H.R. 4899, derived from amounts received as payments $50,000,000, to remain available until ex- making emergency supplemental ap- from borrowers under section 1702(b)(2) of the pended: Provided, That any of the funds made propriations for disaster relief and Energy Policy Act of 2005 (42 U.S.C. available under this heading may be trans- summer jobs for the fiscal year ending 16512(b)(2)) and collected in accordance with ferred by the Secretary of Agriculture to the September 30, 2010, and for other pur- section 502(7) of the Federal Credit Reform ‘‘Capital Improvement and Maintenance’’ ac- count to carry out the purposes of the mat- poses; which was ordered to lie on the Act of 1990 (2 U.S.C. 661a(7)): Provided further, table; as follows: That the source of payment received from ter under this heading: Provided further, That the borrowers shall not be considered a loan $8,000,000 of the funds provided under this On page 81, between lines 23 and 24, insert or other debt obligation that is guaranteed heading shall be transferred to the National the following: by the Federal Government: Provided further, Park Service for ‘‘Operation of the National TITLE IV—FLOOD INSURANCE That, pursuant to section 1702(b)(2) of the Park System’’, to carry out the purposes of SEC. 4001. BASE FLOOD ELEVATION DETERMINA- Energy Policy Act of 2005 (42 U.S.C. the matter under this heading. TION APPEAL PERIOD. 16512(b)(2)), no amounts made available FOREIGN AGRICULTURAL SERVICE (a) IN GENERAL.—Notwithstanding any other provision of law, the appeal period for under this heading shall be used to pay the FOOD FOR PEACE TITLE II GRANTS subsidy cost of guarantees: Provided further, any base flood elevation determination or For an additional amount for ‘‘Food for That none of the loan guarantee authority any determination of an area having special Peace Title II Grants’’ for emergency relief made available under this heading shall be flood hazards shall be 90 days unless an ex- and rehabilitation, and other expenses re- available for commitments to guarantee tended appeal period is requested by a party lated to Haiti following the earthquake of loans for any projects for which funds, per- affected by such determination, in which January 12, 2010, and for other disaster-re- sonnel, or property (tangible or intangible) case the appeal period shall be 120 days. sponse activities relating to the earthquake, (b) REENTRY OF APPEALS.—Effective for the of any Federal agency, instrumentality, per- $150,000,000, to remain available until ex- 90-day period beginning on the date of enact- sonnel, or affiliated entity are expected to be pended. ment of this Act, any community whose used (directly or indirectly) through acquisi- GENERAL PROVISIONS—THIS CHAPTER Flood Insurance Rate Maps were revised, up- tions, contracts, demonstrations, exchanges, dated, or otherwise altered after September grants, incentives, leases, procurements, SEC. 101. None of the funds appropriated or 30, 2008, pursuant to the Flood Map Mod- sales, other transaction authority, or other made available by this or any other Act shall ernization Program established under sec- arrangements, to support a project or to ob- be used to pay the salaries and expenses of tion 1360 of the National Flood Insurance Act tain goods or services from the project: Pro- personnel to carry out a biomass crop assist- of 1968 (42 U.S.C. 4101) shall be permitted to vided further, That the previous proviso does ance program as authorized by section 9011 re-enter an appeal of such revision, update, not preclude the use of the loan guarantee of Public Law 107–171 in excess of $552,000,000 or alteration and such appeal shall be sub- authority provided under this heading for in fiscal year 2010, $432,000,000 in fiscal year ject to the time limitations established commitments to guarantee loans for projects 2011, or $299,000,000 in fiscal year 2012: Pro- under subsection (a). as a result of the projects benefitting from vided, That section 3002 shall not apply to SEC. 4002. ECONOMIC IMPACT OF PRELIMINARY (1) otherwise allowable Federal income tax the amount under this section. BASE FLOOD ELEVATION DETER- benefits, (2) being located on Federal land MINATIONS AND PRELIMINARY pursuant to a lease or right-of-way agree- SA 4280. Mr. SANDERS submitted an FLOOD INSURANCE RATE MAPS. ment for which all consideration for all uses amendment intended to be proposed by For purposes of section 605(b) of title 5, is (A) paid exclusively in cash, (B) deposited United States Code, the issuance by the Ad- him to the bill H.R. 4899, making emer- ministrator of the Federal Emergency Man- in the Treasury as offsetting receipts, and gency supplemental appropriations for (C) equal to the fair market value as deter- agement Agency of a proposed modified base mined by the head of the relevant Federal disaster relief and summer jobs for the flood elevation, proposed area having special agency, (4) Federal insurance programs, in- fiscal year ending September 30, 2010, flood hazards, preliminary flood insurance cluding section 170 of the Atomic Energy Act and for other purposes; which was or- study, or preliminary Flood Insurance Rate of 1954 (42 U.S.C. 2210) (commonly known as dered to lie on the table; as follows: Maps shall be deemed to have a significant the ‘‘Price-Anderson Act’’), or (5) for electric economic impact on a substantial number of On page 81, between lines 23 and 24, insert small entities. generation projects, use of transmission fa- the following: cilities owned or operated by a Federal SEC. 4003. ESTABLISHMENT OF A BASE FLOOD PUBLIC AVAILABILITY OF CONTRACTOR ELEVATION DETERMINATION AND Power Marketing Administration or the Ten- INTEGRITY AND PERFORMANCE DATABASE SPECIAL FLOOD HAZARD AREA DE- nessee Valley Authority that have been au- TERMINATION ARBITRATION PANEL. SEC. 3008. Section 872(e)(1) of the Clean thorized, approved, and financed independent (a) ESTABLISHMENT.—As allowed under sec- Contracting Act of 2008 (subtitle G of title of the project receiving the guarantee: Pro- tion 1307(e) of the National Flood Insurance vided further, That none of the loan guar- VIII of Public Law 110–417; 41 U.S.C. Act of 1968 (42 U.S.C. 4104), and notwith- antee authority made available under this 417b(e)(1)) is amended by adding at the end standing any other provision of law, not heading shall be available for any project un- the following: ‘‘In addition, the Adminis- later than 90 days after the date of enact- less the Director of the Office of Manage- trator shall post all such information, ex- ment of this Act, the Administrator of the ment and Budget has certified in advance in cluding past performance reviews, on a pub- Federal Emergency Management Agency writing that the loan guarantee and the licly available Internet website.’’. shall establish an arbitration panel— project comply with title XVII of the Energy (1) to efficiently and clearly resolve dis- Policy Act of 2005 (42 U.S.C. 16511 et seq.): SA 4281. Mr. SANDERS submitted an putes between communities and the Federal Provided further, That, of the unobligated amendment intended to be proposed by Government regarding the Flood Map Mod- balances appropriated or otherwise made him to the bill H.R. 4899, making emer- ernization Program; and available under division A of the American gency supplemental appropriations for (2) to expedite the general acceptance of Recovery and Reinvestment Act of 2009 (Pub- disaster relief and summer jobs for the technically accurate base flood elevation de- lic Law 111–5; 123 Stat. 115) (other than under fiscal year ending September 30, 2010, terminations as reflected in Flood Insurance title X of division A of that Act), $90,000,000 Rate Maps. is rescinded. and for other purposes; which was or- (b) ARBITRATION PANEL.— dered to lie on the table; as follows: (1) MEMBERSHIP.—The arbitration panel es- SA 4279. Mr. BINGAMAN (for him- On page 81, between lines 23 and 24, insert tablished under subsection (a) shall be com- self, Mr. UDALL of Colorado, Ms. MUR- the following: prised of 5 members.

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(2) REQUIRED QUALIFICATIONS.— (B) EFFECT PRIOR TO DETERMINATION.— quirement that the lessee have and maintain (A) ECONOMIC AND ADMINISTRATIVE EXPER- Until such time as the arbitration panel financial protection in the form of liability TISE.—At least 1 member of the arbitration issues a determination of resolution under insurance from private sources of such type panel established under subsection (a) shall subparagraph (A), the most current Flood In- and in such amounts as the Secretary of the have expertise in each of the following fields: surance Rate Maps shall remain in effect. Interior determines to be necessary to cover (i) Community economic development. (3) FINAL DETERMINATION.—Following delib- public liability claims in a minimum aggre- (ii) Administrative law. erations, the arbitration panel shall issue a gate amount of $300,000,000. (B) WATER RESOURCES EXPERTISE.—At least final determination of resolution of a dispute ‘‘(B) INDEMNIFICATION; PUBLIC LIABILITY.— 3 members of the arbitration panel estab- setting forth the base flood elevation deter- In a case in which financial protection is re- lished under subsection (a) shall have tech- mination or the determination of an area quired for a lessee under subparagraph (A), nical expertise in water resources and other having special flood hazards that shall be re- the lessee shall, as a further condition of a related scientific disciplines. flected in the Flood Insurance Rate Maps. lease for oil and gas exploration, production, (3) NO FEMA EMPLOYEES.—No member of The final determination of the arbitration or development, be required— the arbitration panel established under sub- panel shall not be limited to either accept- ‘‘(i) to execute and maintain an indem- section (a) shall be an employee of the Fed- ance or denial of the position of Adminis- nification agreement to indemnify and hold eral Emergency Management Agency. trator of the Federal Emergency Manage- harmless the lessee and other persons indem- (4) INDEPENDENCE.—Each member of the ar- ment Agency or the position of the commu- nified, as the interest of those persons may bitration panel established under subsection nity. appear, from public liability arising from in- (a) shall be independent and neutral. (4) WRITTEN OPINION.—Accompanying any cidents on the outer Continental Shelf the li- (5) USE OF.—A community may choose to final determination of resolution issued pur- ability claims with respect to which are in have a dispute resolved by the arbitration suant to paragraph (3), the arbitration panel excess of the level of financial protection re- panel not later than 90 days after the appeal shall issue a written opinion fully explaining quired of the lessee; period described in section 4001(a) ends. its decision, including all relevant informa- ‘‘(ii) to execute and maintain an agreement (c) CONSIDERATIONS.— tion relied upon by the panel. The opinion with the Secretary of the Interior stating (1) IN GENERAL.—The arbitration panel es- issued under this paragraph shall provide that the United States and other parties af- tablished under subsection (a) may consider communities seeking to mitigate their flood fected by the incident are not liable for dam- historical flood data and other data outside risk with sufficient information to make in- ages with respect to the incident, and includ- the scope of scientific or technical data in formed future planning decisions in light of ing an affirmation that the lessee is the re- carrying out the duties and responsibilities identified flood hazards. sponsible party with respect to that liabil- of the arbitration panel. (f) RULE OF CONSTRUCTION.—Nothing con- ity; and (2) PROHIBITION.—In resolving any dispute tained in this section shall alter existing ‘‘(iii) to waive any immunity from public under this section, the arbitration panel may procedures for revision, update, or amend- liability conferred by law. not take into consideration the status of the ment of Flood Insurance Rate Maps, includ- ‘‘(3) MAXIMUM LIABILITY OF LESSEE.—A les- grant application of any community under ing Flood Insurance Rate Maps resulting see that is a responsible party for an inci- section 4. from decisions of the arbitration panel. dent on the outer Continental Shelf for (3) COORDINATION WITH CORPS OF ENGI- (g) SUNSET.—This section shall cease to which liability claims exceed, in the aggre- NEERS.—Upon request by the arbitration have effect 3 years after the date of enact- gate, the minimum aggregate amount cov- panel, the appropriate district office of juris- ment of this Act. ered by liability insurance under paragraph diction of the United States Army Corps of (2) shall be liable for additional liability Engineers shall fund and make available per- SEC. 4004. ELIGIBILITY FOR CERTAIN REIM- BURSEMENTS FOR COMMUNITIES claims relating to the incident up to a max- sonnel or technical guidance to assist the ar- PARTICIPATING IN ARBITRATION. imum aggregate amount of— bitration panel in considering hydrological (a) FUNDING.—For communities who enter ‘‘(A) $1,000,000,000; or data, historical data, budgetary data, or arbitration pursuant to section 3, funds de- ‘‘(B) such greater amount as may be re- other relevant information. rived from offsetting collections assessed quired by the Secretary of the Interior. (d) COMMUNITY CHOICE.—A community may and collected under section 1308(d) of the Na- choose to have a dispute resolved by the ar- ‘‘(4) LIABILITY OF INDUSTRY.— tional Flood Insurance Act of 1968 (42 U.S.C. bitration panel only if the community has ‘‘(A) IN GENERAL.—If an incident on the satisfied the following conditions: 4015(d)) shall be made available to reimburse outer Continental Shelf results in liability (1) The community has appealed a base communities for certain expenses related to claims exceeding, in the aggregate, the max- flood elevation determination or a deter- the collection of technical data related to imum aggregate amount to be paid by the re- mination of an area having special flood haz- Flood Insurance Rate Maps that are the sub- sponsible party under paragraph (3), the ad- ards and undergone a 30-day consultation pe- ject of a dispute for which the arbitration ditional claims shall be paid by all other en- riod with the Administrator of the Federal panel established in this title has been di- tities conducting oil and gas exploration, Emergency Management Agency in an effort rected to resolve, as allowed for pursuant to production, or development activities on the to resolve the dispute. section 1307(f) of the National Flood Insur- outer Continental Shelf as of the date of the (2) The 30-day consultation period de- ance Act of 1968 (42 U.S.C. 4104(f)). incident, as determined by the Secretary of (b) SUNSET.—This section shall cease to scribed in paragraph (1) shall begin upon the the Interior, in accordance with subpara- have effect on the date that is 3 years after Administrator’s receipt of notice of intent of graph (B). the date of enactment of this title. the community to enter arbitration. ‘‘(B) PROPORTIONAL PAYMENT.—The amount (3) In cases in which the appeal period de- of liability claims to be paid under subpara- scribed under paragraph (1) begins a suffi- SA 4283. Ms. SNOWE submitted an graph (A) by an entity described in that sub- cient time after the date of enactment of amendment intended to be proposed by paragraph shall be determined by the Sec- this Act, the community has adequately no- her to the bill H.R. 4899, making emer- retary of the Interior based on the propor- tified the public 180 days prior to the begin- gency supplemental appropriations for tion that— ning of the appeal period regarding the disaster relief and summer jobs for the ‘‘(i) the number of facilities operated by the entity on the outer Continental Shelf; changes proposed by the Administrator. fiscal year ending September 30, 2010, Such notification may include individual no- bears to and for other purposes; which was or- ‘‘(ii) the total number of facilities operated tification of affected households, public dered to lie on the table; as follows: meetings, or publication of proposed changes by all entities on the outer Continental in local media. On page 79, between lines 3 and 4, add the Shelf.’’. (e) BINDING AUTHORITY.— following: (1) IN GENERAL.—Any determination of res- SEC. 2ll. OUTER CONTINENTAL SHELF. SA 4284. Ms. SNOWE submitted an olution of a dispute by the arbitration panel Section 1004 of the Oil Pollution Act of 1990 amendment intended to be proposed by under this section— (33 U.S.C. 2704) is amended by adding at the her to the bill H.R. 4899, making emer- (A) shall be final and binding; and end the following: gency supplemental appropriations for (B) may not appeal or seek further relief ‘‘(e) OUTER CONTINENTAL SHELF.— disaster relief and summer jobs for the for such dispute to any other administrative ‘‘(1) IN GENERAL.—The liability for an inci- fiscal year ending September 30, 2010, or judicial body. dent on the outer Continental Shelf occur- and for other purposes; which was or- (2) PROCEEDINGS.— ring during the period beginning on the date (A) IN GENERAL.—The arbitration panel of enactment of this subsection and ending dered to lie on the table; as follows: shall— on December 31, 2025, shall be determined in At the appropriate place insert the fol- (i) initiate proceedings to resolve any dis- accordance with this subsection. lowing: putes brought before the arbitration panel; ‘‘(2) INITIAL LIABILITY.— SEC. ——. AMENDMENT OF OUTER CONTINENTAL (ii) consider all relevant information dur- ‘‘(A) IN GENERAL.—Each lease for oil and SHELF LANDS ACT. ing the course of any such proceeding; and gas exploration, production, or development Section 18 of the Outer Continental Shelf (iii) issue a determination of resolution of issued by the Secretary of the Interior after Lands Act (43 U.S.C. 1344) is amended— the dispute, as soon as is practical after the the date of enactment of this subsection (1) by inserting ‘‘the Secretary of Com- initiation of such proceeding. shall have, as a condition of the lease, a re- merce, and the Secretary of the department

VerDate Mar 15 2010 03:46 May 27, 2010 Jkt 089060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\A26MY6.068 S26MYPT1 smartinez on DSKB9S0YB1PROD with SENATE May 26, 2010 CONGRESSIONAL RECORD — SENATE S4463 in which the Coast Guard is operating,’’ in (A) supporting prosecutorial activities of ment Training Center, $6,000,000, to remain subsection (c)(1) after ‘‘Attorney General,’’; the United States Attorneys’ Office and the available until September 30, 2011, for the (2) in subsection (d)(1), by striking ‘‘pro- Criminal Division arising from OCDETF in- training of additional U.S. Customs and Bor- gram,’’ and all that follows and inserting vestigations that target drugs trafficking der Protection officers, Border Patrol ‘‘program— along the international land border between agents, and U.S. Immigration and Customs ‘‘(A) the Attorney General may, after con- the United States and Mexico and Mexican Enforcement personnel. sultation with the Federal Trade Commis- money laundering activities, including fi- (i)(1) Notwithstanding any other provision sion, submit comments on the anticipated ef- nancial assistance for— of this Act or any other provision of law, fects of such proposed program upon com- (i) increasing the number of positions in during the period beginning on the date of petition; the United States Attorneys’ Office, 50 per- the enactment of this Act and ending on Sep- ‘‘(B) the Secretary of Commerce may sub- cent of which shall be attorneys; and tember 30, 2011, the filing fee and fraud pre- mit comments on the anticipated effects of (ii) increasing the number of positions in vention and detection fee required to be sub- such proposed program on the human, ma- the Criminal Division, a majority of which mitted with an application for admission as rine, and coastal environments, including shall be attorneys; and a nonimmigrant under section 101(a)(15)(L) the likelihood of occurrence and potential (B) supporting the 7 OCDETF Strike of the Immigration and Nationality Act (8 severity of spills and chronic pollution; Forces; U.S.C. 1101(a)(15)(L)) shall be increased by ‘‘(C) the Secretary of the department in (5) $9,000,000 shall be used by the Criminal $2,250 for applicants that are not publicly which the Coast Guard is operating may sub- Division to provide additional support for traded corporations and whose shares were mit comments on the adequacy of the Fed- the investigation and prosecution of first offered in a stock exchange based in the eral government’s response capabilities for United States. spills and chronic pollution that may occur transnational gangs, firearms and drug traf- fickers, and money laundering activities; (2) Notwithstanding any other provision of as a result of such proposed program; and this Act or any other provision of law, dur- ‘‘(D) any State, local government, or other (6) $12,000,000 shall be used by the Execu- ing the period beginning on the date of the person may submit comments and rec- tive Office for Immigration Review, of enactment of this Act and ending on Sep- ommendations as to any aspect of such pro- which— tember 30, 2011, the filing fee and fraud pre- posed program.’’; and (A) $6,000,000 shall be available for addi- (3) by striking ‘‘Attorney General’’ in sub, tional court personnel, including immigra- vention and detection fee required to be sub- section (d)(2) and inserting ‘‘Attorney Gen- tion judges, staff attorneys of the Board of mitted with an application for admission as eral, the Secretary of Commerce, the Sec- Immigration Appeals, and support personnel; a nonimmigrant under section retary of the department in which the Coast and 101(a)(15)(H)(i)(b) of the Immigration and Na- Guard is operating,’’. (B) $6,000,000 shall be available for the ex- tionality Act (8 U.S.C. 1101(a)(15)(H)(i)(b)) pansion of the Legal Orientation Program; shall be increased by $2,000 for applicants— SA 4285. Mr. SCHUMER (for himself (7) $25,000,000 shall be used by the United (A) that employ 50 or more employees in and Mr. REID) submitted an amend- States Marshals Service to combat criminal the United States; and ment intended to be proposed by him activity along the international land border (B) if more than 50 percent of the appli- to the bill H.R. 4899, making emer- between the United States and Mexico; and cant’s employees are H–1B nonimmigrants or nonimmigrants described in section gency supplemental appropriations for (8) $10,000,000 shall be used by the Deten- tion Trustee to combat criminal activity 101(a)(15)(L) of such Act. disaster relief and summer jobs for the (3) During the period beginning on the date fiscal year ending September 30, 2010, along the international land border between the United States and Mexico. of the enactment of this Act and ending on and for other purposes; which was or- (c) For an additional amount for ‘‘Salaries September 30, 2011, all amounts collected dered to lie on the table; as follows: and Expenses’’ of U.S. Customs and Border pursuant to the fee increase authorized At the appropriate place, insert the fol- Protection, $64,000,000, to remain available under this subsection shall be deposited in lowing: until September 30, 2011— the General Fund of the Treasury. SEC. ll. (a) For an additional amount for (1) to hire 250 additional U.S. Customs and the Department of Justice, $178,000,000, to re- Border Protection officers and targeting per- SA 4286. Mr. SCHUMER (for himself, main available until September 30, 2012, of sonnel; Mr. REID, and Mr. BYRD) submitted an which— (2) for unmanned aircraft system pilots and amendment intended to be proposed by (1) $32,000,000 shall be used by the Bureau of sensor operators; and him to the bill H.R. 4899, making emer- Alcohol, Tobacco, Firearms and Explosives (3) to expand border surveillance and out- gency supplemental appropriations for (ATF) for— bound inspection operations. disaster relief and summer jobs for the (A) increasing the number of Project Gun- (d) For an additional amount for ‘‘Air and fiscal year ending September 30, 2010, runner teams; and Marine Interdiction, Operations, Mainte- (B) expanding ATF’s tracing capacity to nance, and Procurement’’ for U.S. Customs and for other purposes; which was or- address increased firearms trace demands and Border Protection, $120,000,000, to remain dered to lie on the table; as follows: generated by expanded use of the eTrace available until September 30, 2011, for pro- At the appropriate place, insert the fol- electronic tracking system along the inter- curement of 6 unmanned aircraft systems lowing: national land border between the United and supporting equipment. SEC. ll. (a) For an additional amount for States and Mexico; (e) For an additional amount for ‘‘Con- the Department of Justice, $178,000,000, to re- (2) $32,000,000 shall be used by the Drug En- struction and Facilities Management’’ for main available until September 30, 2012, of forcement Administration (DEA) for— U.S. Customs and Border Protection, which— (A) increasing DEA’s electronic surveil- $12,000,000, to remain available until ex- (1) $32,000,000 shall be used by the Bureau of lance and intercept capacity along the inter- pended, for construction and operation of 4 Alcohol, Tobacco, Firearms and Explosives national land border between the United forward operating bases along the inter- (ATF) for— States and Mexico; national land border between the United (A) increasing the number of Project Gun- (B) expanding DEA’s capacity for States and Mexico. runner teams; and judicialized wiretaps performed by Sensitive (f) Of the amount made available under the (B) expanding ATF’s tracing capacity to Investigative Units in drug source and tran- heading ‘‘BORDER SECURITY FENCING, INFRA- address increased firearms trace demands sit countries; and STRUCTURE, AND TECHNOLOGY’’ under the generated by expanded use of the eTrace (C) expanding DEA’s successful Drug Flow heading ‘‘U.S. CUSTOMS AND BORDER PROTEC- electronic tracking system along the inter- Attack Strategy, which focuses on dis- TION’’ in title II of the Department of Home- national land border between the United rupting the flow of drug, money, and pre- land Security Appropriations Act, 2010 (Pub- States and Mexico; cursor chemicals between source zones and lic Law 111–83; 123 Stat. 2145), $100,000,000, to (2) $32,000,000 shall be used by the Drug En- remain available until September 30, 2011, the United States; forcement Administration (DEA) for— shall be made available for critical fencing (3) $25,000,000 shall be used by the Federal (A) increasing DEA’s electronic surveil- along the international land border between Bureau of Investigation for— lance and intercept capacity along the inter- the United States and Mexico. (A) increasing the number of FBI Hybrid (g) For an additional amount for ‘‘Salaries national land border between the United Squads to assist State and local law enforce- and Expenses’’ of U.S. Immigration and Cus- States and Mexico; ment agencies to address kidnappings, homi- toms Enforcement, $70,000,000, to remain (B) expanding DEA’s capacity for cides, and home invasion robberies; available until September 30, 2011, for expan- judicialized wiretaps performed by Sensitive (B) creating additional capability for proc- sion of the Border Enforcement Security Investigative Units in drug source and tran- essing DNA samples; Task Force initiative along the inter- sit countries; and (C) strengthening existing Border Corrup- national land border between the United (C) expanding DEA’s successful Drug Flow tion Task Forces; and States and Mexico, the hiring of additional Attack Strategy, which focuses on dis- (D) adding new Border Corruption Task special agents and intelligence analysts for rupting the flow of drug, money, and pre- Forces; the initiative, and the procurement of re- cursor chemicals between source zones and (4) $33,000,000 shall be used by the Orga- lated equipment. the United States; nized Crime and Drug Enforcement Task (h) For an additional amount for ‘‘Salaries (3) $25,000,000 shall be used by the Federal Force (OCDETF) for— and Expenses’’ of the Federal Law Enforce- Bureau of Investigation for—

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(A) increasing the number of FBI Hybrid $12,000,000, to remain available until ex- (1) FISHERIES DISASTER RELIEF.—For an ad- Squads to assist State and local law enforce- pended, for construction and operation of 4 ditional amount, in addition to other ment agencies to address kidnappings, homi- forward operating bases along the inter- amounts provided in this Act for the Na- cides, and home invasion robberies; national land border between the United tional Oceanic and Atmospheric Administra- (B) creating additional capability for proc- States and Mexico. tion, $20,000,000 to be available to provide essing DNA samples; (f) Of the amount made available under the fisheries disaster relief under section 312 of (C) strengthening existing Border Corrup- heading ‘‘BORDER SECURITY FENCING, INFRA- the Magnuson-Stevens Fishery Conservation tion Task Forces; and STRUCTURE, AND TECHNOLOGY’’ under the and Management Act (16 U.S.C. 1861a) re- (D) adding new Border Corruption Task heading ‘‘U.S. CUSTOMS AND BORDER PROTEC- lated to a commercial fishery failure due to Forces; TION’’ in title II of the Department of Home- a fishery resource disaster in the Gulf of (4) $33,000,000 shall be used by the Orga- land Security Appropriations Act, 2010 (Pub- Mexico that resulted from the Deepwater Ho- nized Crime and Drug Enforcement Task lic Law 111–83; 123 Stat. 2145), $100,000,000, to rizon oil discharge. Force (OCDETF) for— remain available until September 30, 2011, (2) EXPANDED STOCK ASSESSMENT OF FISH- (A) supporting prosecutorial activities of shall be made available for critical fencing ERIES.—For an additional amount, in addi- the United States Attorneys’ Office and the along the international land border between tion to other amounts provided in this Act the United States and Mexico. Criminal Division arising from OCDETF in- for the National Oceanic and Atmospheric (g) For an additional amount for ‘‘Salaries Administration, $15,000,000 to conduct an ex- vestigations that target drugs trafficking and Expenses’’ of U.S. Immigration and Cus- panded stock assessment of the fisheries of along the international land border between toms Enforcement, $70,000,000, to remain the Gulf of Mexico. Such expanded stock as- the United States and Mexico and Mexican available until September 30, 2011, for expan- money laundering activities, including fi- sion of the Border Enforcement Security sessment shall include an assessment of the nancial assistance for— Task Force initiative along the inter- commercial and recreational catch and bio- (i) increasing the number of positions in national land border between the United logical sampling, observer programs, data the United States Attorneys’ Office, 50 per- States and Mexico, the hiring of additional management and processing activities, the cent of which shall be attorneys; and special agents and intelligence analysts for conduct of assessments, and follow-up eval- (ii) increasing the number of positions in the initiative, and the procurement of re- uations of such fisheries. the Criminal Division, a majority of which lated equipment. (3) ECOSYSTEM SERVICES IMPACTS STUDY.— shall be attorneys; and (h) For an additional amount for ‘‘Salaries For an additional amount, in addition to (B) supporting the 7 OCDETF Strike and Expenses’’ of the Federal Law Enforce- other amounts provided for the Department Forces; ment Training Center, $6,000,000, to remain of Commerce, $1,000,000 to be available for (5) $9,000,000 shall be used by the Criminal available until September 30, 2011, for the the National Academy of Sciences to con- Division to provide additional support for training of additional U.S. Customs and Bor- duct a study of the long-term ecosystem the investigation and prosecution of der Protection officers, Border Patrol service impacts of the Deepwater Horizon oil transnational gangs, firearms and drug traf- agents, and U.S. Immigration and Customs discharge. Such study shall assess long-term fickers, and money laundering activities; Enforcement personnel. costs to the public of lost water filtration, (6) $12,000,000 shall be used by the Execu- (i)(1) Notwithstanding any other provision hunting, and fishing (commercial and rec- tive Office for Immigration Review, of of this Act or any other provision of law, reational), and other ecosystem services as- which— during the period beginning on the date of sociated with the Gulf of Mexico. (A) $6,000,000 shall be available for addi- the enactment of this Act and ending on Sep- IN GENERAL.—Of the amounts appropriated tional court personnel, including immigra- tember 30, 2011, the filing fee and fraud pre- or made available under Division B, Title III tion judges, staff attorneys of the Board of vention and detection fee required to be sub- of Public Law 111–117 that remain unobli- Immigration Appeals, and support personnel; mitted with an application for admission as gated as of the date of the enactment of this and a nonimmigrant under section 101(a)(15)(L) Act for ISS Cargo Crew Services, $36,000,000 (B) $6,000,000 shall be available for the ex- of the Immigration and Nationality Act (8 of the amounts appropriated are hereby re- pansion of the Legal Orientation Program; U.S.C. 1101(a)(15)(L)) shall be increased by scinded. (7) $25,000,000 shall be used by the United $2,250 for applicants that are not publicly traded corporations and whose shares were Ms. SNOWE submitted an States Marshals Service to combat criminal SA 4288. first offered in a stock exchange based in the activity along the international land border amendment intended to be proposed by United States. between the United States and Mexico; and her to the bill H.R. 4899, making emer- (2) Notwithstanding any other provision of gency supplemental appropriations for (8) $10,000,000 shall be used by the Deten- this Act or any other provision of law, dur- tion Trustee to combat criminal activity ing the period beginning on the date of the disaster relief and summer jobs for the along the international land border between enactment of this Act and ending on Sep- fiscal year ending September 30, 2010, the United States and Mexico. tember 30, 2011, the filing fee and fraud pre- and for other purposes; which was or- (b)(1) For an additional amount for ‘‘Oper- vention and detection fee required to be sub- dered to lie on the table; as follows: ation and Maintenance, Defense-Wide’’, mitted with an application for admission as On page 79, between lines 3 and 4, add the $50,000,000, to remain available until Sep- a nonimmigrant under section following: tember 30, 2011, for, except as provided in 101(a)(15)(H)(i)(b) of the Immigration and Na- paragraph (2), the deployment of 1,200 mem- SEC. 2ll. OUTER CONTINENTAL SHELF. tionality Act (8 U.S.C. 1101(a)(15)(H)(i)(b)) Section 1004 of the Oil Pollution Act of 1990 bers of the National Guard to perform oper- shall be increased by $2,000 for applicants— (33 U.S.C. 2704) is amended by adding at the ations and missions under section 502(f) of (A) that employ 50 or more employees in end the following: title 32, United States Code, in the States the United States; and ‘‘(e) OUTER CONTINENTAL SHELF.— along the international land border between (B) if more than 50 percent of the appli- ‘‘(1) IN GENERAL.—The liability for an inci- the United States and Mexico. cant’s employees are H–1B nonimmigrants or dent on the outer Continental Shelf occur- (2) The Secretary of Defense may transfer nonimmigrants described in section the amounts appropriated pursuant to para- ring during the period beginning on the date 101(a)(15)(L) of such Act. graph (1) to amounts available to the Depart- of enactment of this subsection and ending (3) During the period beginning on the date on December 31, 2025, shall be determined in ment of Defense for military personnel, oper- of the enactment of this Act and ending on ation and maintenance, and procurement. accordance with this subsection. September 30, 2011, all amounts collected ‘‘(2) INITIAL LIABILITY.— (c) For an additional amount for ‘‘Salaries pursuant to the fee increase authorized and Expenses’’ of U.S. Customs and Border ‘‘(A) IN GENERAL.—Each lease for oil and under this subsection shall be deposited in gas exploration, production, or development Protection, $64,000,000, to remain available the General Fund of the Treasury. until September 30, 2011— issued by the Secretary of the Interior after the date of enactment of this subsection (1) to hire 250 additional U.S. Customs and SA 4287. Mr. SHELBY (for himself, Border Protection officers and targeting per- shall have, as a condition of the lease, a re- Mr. VITTER, and Mr. LEMIEUX) sub- quirement that the lessee have and maintain sonnel; mitted an amendment intended to be (2) for unmanned aircraft system pilots and financial protection in the form of liability sensor operators; and proposed by him to the bill H.R. 4899, insurance from private sources of such type (3) to expand border surveillance and out- making emergency supplemental ap- and in such amounts as the Secretary of the bound inspection operations. propriations for disaster relief and Interior determines to be necessary to cover (d) For an additional amount for ‘‘Air and summer jobs for the fiscal year ending public liability claims in a minimum aggre- Marine Interdiction, Operations, Mainte- September 30, 2010, and for other pur- gate amount of $300,000,000. nance, and Procurement’’ for U.S. Customs poses; which was ordered to lie on the ‘‘(B) INDEMNIFICATION; PUBLIC LIABILITY.— In a case in which financial protection is re- and Border Protection, $120,000,000, to remain table; as follows: available until September 30, 2011, for pro- quired for a lessee under subparagraph (A), curement of 6 unmanned aircraft systems On page 79, between lines 3 and 4, insert the lessee shall, as a further condition of a and supporting equipment. the following: lease for oil and gas exploration, production, (e) For an additional amount for ‘‘Con- FUNDING FOR ENVIRONMENTAL AND FISHERIES or development, be required— struction and Facilities Management’’ for IMPACTS ‘‘(i) to execute and maintain an indem- U.S. Customs and Border Protection, SEC. 2002. nification agreement to indemnify and hold

VerDate Mar 15 2010 03:46 May 27, 2010 Jkt 089060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\A26MY6.082 S26MYPT1 smartinez on DSKB9S0YB1PROD with SENATE May 26, 2010 CONGRESSIONAL RECORD — SENATE S4465 harmless the lessee and other persons indem- by him to the bill H.R. 4899, making of Mexico, $29,000,000, to remain available nified, as the interest of those persons may emergency supplemental appropria- until expended: Provided, That such funds appear, from public liability arising from in- tions for disaster relief and summer may be transferred by the Secretary to any cidents on the outer Continental Shelf the li- jobs for the fiscal year ending Sep- other account in the Department of the Inte- ability claims with respect to which are in rior to carry out the purposes provided here- excess of the level of financial protection re- tember 30, 2010, and for other purposes; in. which was ordered to lie on the table; quired of the lessee; DEPARTMENT OF JUSTICE ‘‘(ii) to execute and maintain an agreement as follows: LEGAL ACTIVITIES with the Secretary of the Interior stating Beginning on page 74, strike line 13 and all that the United States and other parties af- that follows through page 79, line 3, and in- SALARIES AND EXPENSES, GENERAL LEGAL fected by the incident are not liable for dam- sert the following: ACTIVITIES For an additional amount for ‘‘Salaries ages with respect to the incident, and includ- TITLE II ing an affirmation that the lessee is the re- and Expenses, General Legal Activities’’, DEPARTMENT OF COMMERCE sponsible party with respect to that liabil- $10,000,000, to remain available until ex- ity; and ECONOMIC DEVELOPMENT ADMINISTRATION pended, for litigation expenses resulting ‘‘(iii) to waive any immunity from public ECONOMIC DEVELOPMENT ASSISTANCE from incidents related to the discharge of oil liability conferred by law. PROGRAMS that began in 2010 in connection with the ex- ‘‘(3) MAXIMUM LIABILITY OF LESSEE.—A les- For an additional amount, in addition to plosion on, and sinking of, the mobile off- see that is a responsible party for an inci- amounts provided elsewhere in this Act, for shore drilling unit Deepwater Horizon. dent on the outer Continental Shelf for ‘‘Economic Development Assistance Pro- ENVIRONMENTAL PROTECTION AGENCY which liability claims exceed, in the aggre- grams’’, to carry out planning, technical as- SCIENCE AND TECHNOLOGY gate, the minimum aggregate amount cov- sistance and other assistance under section ered by liability insurance under paragraph For an additional amount for ‘‘Science and 209, and consistent with section 703(b), of the Technology’’ for a study on the potential (2) shall be liable for additional liability Public Works and Economic Development claims relating to the incident up to a max- human and environmental risks and impacts Act (42 U.S.C. 3149, 3233), in States affected of the release of crude oil and the application imum aggregate amount of— by the incidents related to the discharge of ‘‘(A) $1,000,000,000; or of dispersants, surface washing agents, bio- oil that began in 2010 in connection with the remediation agents, and other mitigation ‘‘(B) such greater amount as may be re- explosion on, and sinking of, the mobile off- quired by the Secretary of the Interior. measures listed in the National Contingency shore drilling unit Deepwater Horizon, Plan Product List (40 C.F.R. Part 300 Sub- ‘‘(4) LIABILITY OF INDUSTRY.— $10,000,000, to remain available until ex- part J), as appropriate, $2,000,000, to remain ‘‘(A) IN GENERAL.—If an incident on the pended, of which not less than $5,000,000 shall outer Continental Shelf results in liability available until expended: Provided, That the be used to provide technical assistance study shall be performed at the direction of claims exceeding, in the aggregate, the max- grants in accordance with section 2002. imum aggregate amount to be paid by the re- the Administrator of the Environmental NATIONAL OCEANIC AND ATMOSPHERIC sponsible party under paragraph (3), the ad- Protection Agency, in coordination with the ADMINISTRATION ditional claims shall be paid by all other en- Secretary of Commerce and the Secretary of tities conducting oil and gas exploration, OPERATIONS, RESEARCH, AND FACILITIES the Interior: Provided further, That the study production, or development activities on the For an additional amount, in addition to may be funded through the provision of outer Continental Shelf as of the date of the amounts provided elsewhere in this Act, for grants to universities and colleges through incident, as determined by the Secretary of ‘‘Operations, Research, and Facilities’’, extramural research funding. the Interior, in accordance with subpara- $13,000,000, to remain available until ex- GENERAL PROVISION—THIS TITLE graph (B). pended, for responding to economic impacts DEEPWATER HORIZON on fishermen and fishery-dependent busi- ‘‘(B) PROPORTIONAL PAYMENT.—The amount SEC. 2001. Section 6002(b) of the Oil Pollution Act of of liability claims to be paid under subpara- nesses affected by the Deepwater Horizon oil 1990 (33 U.S.C. 2752) is amended in the graph (A) by an entity described in that sub- spill: second sentence: paragraph shall be determined by the Sec- For an additional amount, in addition to (1) by inserting ‘‘: (1)’’ before ‘‘may obtain retary of the Interior based on the propor- amounts provided elsewhere in this Act, for an advance’’ and after ‘‘the Coast Guard’’; tion that— ‘‘Operations, Research, and Facilities’’, for (2) by striking ‘‘advance. Amounts’’ and in- ‘‘(i) the number of facilities operated by activities undertaken including scientific in- serting the following: ‘‘advance; (2) in the the entity on the outer Continental Shelf; vestigations and sampling as a result of the case of discharge of oil that began in 2010 in bears to incidents related to the discharge of oil and connection with the explosion on, and sink- ‘‘(ii) the total number of facilities operated the use of oil dispersants that began in 2010 ing of, the mobile offshore drilling unit by all entities on the outer Continental in connection with the explosion on, and Deepwater Horizon, may, without further ap- Shelf.’’. sinking of, the mobile offshore drilling unit propriation, obtain one or more advances Deepwater Horizon, $7,000,000, to remain from the Oil Spill Liability Trust Fund as SA 4289. Mr. MENENDEZ (for him- available until expended. These activities needed, up to a maximum of $100,000,000 for self, Mr. NELSON of Florida, Mr. LAU- may be funded through the provision of each advance, the total amount of all ad- TENBERG, Mrs. MURRAY, Mr. SCHUMER, grants to universities, colleges and other re- vances not to exceed the amounts available search partners through extramural research Mrs. GILLIBRAND, Mr. KAUFMAN, and under section 9509(c)(2) of the Internal Rev- funding. Mr. FRANKEN) submitted an amend- enue Code of 1986 (26 U.S.C. 9509(c)(2)), and ment intended to be proposed to DEPARTMENT OF HEALTH AND HUMAN within 7 days of each advance, shall notify SERVICES amendment SA 4174 proposed by Mr. Congress of the amount advanced and the FOOD AND DRUG ADMINISTRATION facts and circumstances necessitating the REID to the bill H.R. 4899, making advance; and (3) amounts’’. SALARIES AND EXPENSES emergency supplemental appropria- SEC. 2002. OIL SPILL CLAIMS ASSISTANCE AND tions for disaster relief and summer For an additional amount for ‘‘Salaries RECOVERY. and Expenses’’, Food and Drug Administra- jobs for the fiscal year ending Sep- (a) ESTABLISHMENT OF GRANT PROGRAM.— tion, Department of Health and Human Serv- tember 30, 2010, and for other purposes; The Secretary of Commerce (referred to in ices, for food safety monitoring and response this section as the ‘‘Secretary’’) shall estab- which was ordered to lie on the table; activities in connection with the incidents lish a grant program to provide to eligible as follows: related to the discharge of oil that began in (as determined by the Secretary) organiza- At the end of the amendment, add the fol- 2010 in connection with the explosion on, and tions technical assistance grants for use in lowing: sinking of, the mobile offshore drilling unit assisting individuals and businesses affected Deepwater Horizon, $2,000,000, to remain TITLE V—OIL SPILL LIABILITY by the Deepwater Horizon oil spill in the available until expended. SEC. 5001. REMOVAL OF LIMITS ON LIABILITY Gulf of Mexico (referred to in this section as FOR OFFSHORE FACILITIES. DEPARTMENT OF THE INTERIOR the ‘‘oil spill’’). (a) IN GENERAL.—Section 1004(a)(3) of the DEPARTMENTAL OFFICES (b) APPLICATION.—An organization that Oil Pollution Act of 1990 (33 U.S.C. 2704(a)(3)) OFFICE OF THE SECRETARY seeks to receive a grant under this section is amended by striking ‘‘plus $75,000,000’’ and shall submit to the Secretary an application SALARIES AND EXPENSES inserting ‘‘and the liability of the respon- for the grant at such time, in such form, and sible party under section 1002’’. (INCLUDING TRANSFER OF FUNDS) containing such information as the Sec- (b) EFFECTIVE DATE.—The amendment For an additional amount for the ‘‘Office of retary shall require. made by this section takes effect on April 15, the Secretary, Salaries and Expenses’’ for in- (c) USE OF FUNDS.— 2010. creased inspections, enforcement, investiga- (1) IN GENERAL.—Funds from a grant pro- tions, environmental and engineering stud- vided under this section may be used by an SA 4290. Ms. LANDRIEU submitted ies, and other activities related to emer- eligible organization— an amendment intended to be proposed gency offshore oil spill incidents in the Gulf (A) to support—

VerDate Mar 15 2010 03:46 May 27, 2010 Jkt 089060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\A26MY6.075 S26MYPT1 smartinez on DSKB9S0YB1PROD with SENATE S4466 CONGRESSIONAL RECORD — SENATE May 26, 2010 (i) education; Appropriations of the House of Representa- cilities located within the area of an inci- (ii) outreach; tives and the Senate a report describing the dent related to a spill classified as a spill of (iii) intake; use of funds under this section. national significance for the National Con- (iv) language services; (f) APPLICABILITY.—This section shall take tingency Plan under section 105 of the Com- (v) accounting services; effect immediately upon enactment and prehensive Environmental Response, Com- (vi) legal services offered pro bono or by a shall apply to all responsible parties under pensation, and Liability Act of 1980 (42 nonprofit organization; the Oil Pollution Act of 1990 (33 U.S.C. 2701 et U.S.C. 9605) (referred to in this subsection as (vii) damage assessments; seq.) for any incident that occurred prior to an ‘incident’), as well as offshore areas re- (viii) economic loss analysis; the date of enactment of this Act. lated to such incident; and (ix) collecting and preparing documenta- SEC. 2003. EMERGENCY DESIGNATIONS. ‘‘(II) projects that provide food, clothing, tion; and (a) EMERGENCY DESIGNATION FOR CONGRES- shelter, and other humanitarian assistance (x) assistance in the preparation and filing SIONAL ENFORCEMENT.—This Act is des- to individuals adversely affected by the inci- of claims or appeals; ignated as an emergency for purposes of pay- dent; (B) to provide assistance to individuals or as-you-go principles. In the Senate, this Act ‘‘(ii) may be expended to provide employ- businesses seeking assistance from or is designated as an emergency requirement ment and training activities related to the under— pursuant to sections 403(a) and 423(b) of S. projects described in clause (i); (i) a party responsible for the oil spill; Con. Res. 13 (111th Congress), the concurrent ‘‘(iii) may be expended to provide personal (ii) the Oil Spill Liability Trust Fund; resolution on the budget for fiscal year 2010. protective equipment to employees engaged (iii) an insurance policy; or (b) EMERGENCY DESIGNATION FOR STATU- in oil spill relief employment described in (iv) any other program administered by the TORY PAYGO.—This Act is designated as an clause (i); and ‘‘(iv) may be used to make subgrants to Federal Government or a State or local gov- emergency requirement pursuant to section public and private agencies and organiza- ernment; 4(g) of the Statutory Pay-As-You-Go Act of tions to engage in the projects; (C) to pay for salaries, training, and appro- 2010 (Public Law 111-139; 2 U.S.C. 933(g)). priate expenses relating to the purchase or ‘‘(B) may be used to increase the capacity of States to make available the full range of lease of property to support operations, SA 4291. Ms. LANDRIEU submitted equipment (including computers and tele- services authorized under this title, and pro- communications), and travel expenses; an amendment intended to be proposed vide information (in languages appropriate (D) to assist other organizations in— by her to the bill H.R. 4899, making to the individuals served) about, and access (i) assisting specific business sectors; emergency supplemental appropria- to, the range of the public and private serv- (ii) providing services; tions for disaster relief and summer ices available, to individuals adversely af- (iii) assisting specific jurisdictions; or jobs for the fiscal year ending Sep- fected by the incident, through one-stop de- (iv) otherwise supporting operations; and tember 30, 2010, and for other purposes; livery system described in section 134(c), and (E) to establish an advisory board of serv- which was ordered to lie on the table; other access points (including other public ice providers and technical experts— as follows: facilities, mobile service delivery units, and (i) to monitor the claims process relating social services offices); and to the oil spill; and At the appropriate place, insert the fol- ‘‘(C) may be used to provide temporary em- (ii) to provide recommendations to the par- lowing: ployment by public sector entities for a pe- ties responsible for the oil spill, the National SEC.l. NATIONAL EMERGENCY GRANTS. riod of not more than 6 months, in addition Pollution Funds Center, other appropriate (a) APPROPRIATIONS FOR OIL SPILL RELIEF to the oil spill relief employment described agencies, and Congress to improve fairness EMPLOYMENT.—There is appropriated, out of in subparagraph (A). and efficiency in the claims process. any money in the Treasury not otherwise ap- ‘‘(2) ELIGIBILITY.—An individual shall be el- (2) PROHIBITION ON USE OF FUNDS.—Funds propriated, for the fiscal year ending Sep- igible for any services described in paragraph from a grant provided under this section tember 30, 2010, for an additional amount for (1)(B) or employment described in subpara- may not be used to provide compensation for ‘‘Training and Employment Services’’ for the graph (A) or (C) of paragraph (1) if such indi- damages or removal costs relating to the oil Employment and Training Administration of vidual— spill. the Department of Labor, to carry out the ‘‘(A) is temporarily or permanently laid off (d) PROVISION OF GRANTS.— provisions of subsections (a)(5) and (h) of sec- as a consequence of the incident; (1) IN GENERAL.—Not later than 60 days tion 173 of the Workforce Investment Act of ‘‘(B) is a dislocated worker; after the date of enactment of this Act, the 1998 (29 U.S.C. 2918), $50,000,000. Such amount ‘‘(C) is a long-term unemployed individual; Secretary shall provide grants under this shall be available on the date of enactment or ‘‘(D) meets such other criteria as the Sec- section. of this section, notwithstanding section retary may establish. (2) NETWORKED ORGANIZATIONS.—The Sec- 189(g)(1) of that Act (29 U.S.C. 2939(g)(1)) and ‘‘(3) LIMITATIONS ON OIL SPILL RELIEF EM- retary is encouraged to consider applications remain available through June 30, 2011. PLOYMENT ASSISTANCE.—No individual shall for grants under this section from organiza- (b) PROGRAMS.—Section 173(a) of the Work- be employed under subsection (a)(5) for more tions that have established networks with force Investment Act of 1998 (29 U.S.C. than 6 months for oil spill relief employment affected business sectors, including— 2918(a)) is amended— related to response to a single incident. (A) the fishery and aquaculture industries; (1) in paragraph (3), by striking ‘‘and’’ at After reviewing a request from the State in- (B) the restaurant, grocery, food proc- the end; volved for an extension of the employment, essing, and food delivery industries; and (2) in paragraph (4), by striking the period the Secretary may extend such employment (C) the hotel and tourism industries. and inserting a semicolon; and related to response to a single incident for (3) TRAINING.— (3) by adding at the end the following: not more than an additional 6 months. (A) IN GENERAL.—Not later than 30 days ‘‘(5) to provide assistance to a State that is ‘‘(4) APPLICATIONS FOR ASSISTANCE.—To be after the date on which an eligible organiza- partially or completely within the bound- eligible to receive assistance for a State as tion receives a grant under this section, the aries of an area that is the subject of a presi- described in paragraph (1), the Governor of Director of the National Pollution Funds dential determination that additional re- the State shall submit an application to the Center and the parties responsible for the oil sources are necessary to respond to an inci- Secretary at such time, in such manner, and spill shall provide training to the organiza- dent, as defined in subsection (h)(1)(A)(i)(I), containing— tion regarding the applicable rules and pro- to provide oil spill relief employment in the ‘‘(A) a detailed description of how the cedures for the claims process relating to the area and in offshore areas related to the inci- State will ensure the capacity of the one- oil spill. dent, and related assistance, as described in stop delivery system described in section (B) FAILURE TO PROVIDE TRAINING.—If a re- subsection (h); and 134(c) and other access points to— sponsible party fails to provide training pur- ‘‘(6) to provide assistance to a State for ‘‘(i) provide individuals adversely affected suant to this paragraph, the Secretary shall technical assistance grants described in sub- by the incident with information, in lan- request the Attorney General to bring civil section (i).’’. guages appropriate to the individuals served, action against the responsible party or a (c) OIL SPILL RELIEF EMPLOYMENT ASSIST- about the range of available services author- guarantor in an appropriate United States ANCE REQUIREMENTS.—Section 173 of the ized under this title; and district court for that purpose. Workforce Investment Act of 1998 (29 U.S.C. ‘‘(ii) provide the adversely affected individ- (4) AVAILABILITY OF FUNDS.—Funds from a 2918) is amended by adding at the end the fol- uals with access to the range of the services; grant provided under this section shall be lowing: ‘‘(B) a detailed description of how the available until the later of, as determined by ‘‘(h) OIL SPILL RELIEF EMPLOYMENT ASSIST- State will prioritize individuals who are the Secretary— ANCE REQUIREMENTS.— temporarily or permanently laid off as a con- (A) the date that is 6 years after the date ‘‘(1) IN GENERAL.—Funds made available sequence of the incident in the assignment of on which the oil spill occurred; and under subsection (a)(5)— temporary employment positions; and (B) the date on which all claims relating to ‘‘(A)(i) shall be used to provide oil spill re- ‘‘(C) any other supporting information the the oil spill have been satisfied. lief employment on— Secretary may require. (e) REPORT.—Not later than 1 year after ‘‘(I) projects regarding cleaning, restora- ‘‘(5) REIMBURSEMENT.— the date of enactment of this Act, the Sec- tion, renovation, repair, and reconstruction ‘‘(A) IN GENERAL.—Each responsible party retary shall submit to the Committees on of lands, marshes, waters, structures, and fa- under the Oil Pollution Act of 1990 (33 U.S.C.

VerDate Mar 15 2010 03:46 May 27, 2010 Jkt 089060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\A26MY6.077 S26MYPT1 smartinez on DSKB9S0YB1PROD with SENATE May 26, 2010 CONGRESSIONAL RECORD — SENATE S4467 2701 et seq.), with respect to an incident, is as the ‘oil spill’). Determinations of the cri- available until the later of, as determined by liable for any costs incurred by the United teria for eligible nonprofit organizations the Secretary— States under this subsection (including para- shall be made by the Secretary, except that ‘‘(A) the date that is 6 years after the date graph (7)) or subsection (a)(5) for the that in- the Secretary may elect to give a State on which the oil spill occurred; and cident. The responsible party shall, upon the board the authority to make such a deter- ‘‘(B) the date on which all claims relating demand of the Secretary of the Treasury, re- mination within that State. to the oil spill have been satisfied.’’. imburse the Oil Spill Liability Trust Fund ‘‘(2) APPLICATION.—An organization that (e) EFFECTIVE DATE.—This section, and the for all of the costs as well as the costs of the seeks to receive a grant under this sub- amendments made by this section, take ef- United States in administering its respon- section shall submit to the State board an fect on the date of enactment of this Act. sibilities under this subsection or subsection application for the grant such time, in such The amendment made by subsection (c) ap- (a)(5) for that incident. form, and containing such information as plies to all responsible parties for incidents ‘‘(B) ACTION.—If a responsible party fails to the State board shall require. (as defined in section 173(h) of the Workforce pay a demand of the Secretary of the Treas- ‘‘(3) PROVISION OF GRANTS.— Investment Act of 1998) under the Oil Pollu- ury pursuant to this subsection or subsection ‘‘(A) IN GENERAL.—Not later than 60 days tion Act of 1990 (33 U.S.C. 2701 et seq.), in- (a)(5), the Secretary shall request the Attor- after the date of enactment of this Act, the cluding any party determined to be liable ney General to bring a civil action against State board shall provide grants under this under the Oil Pollution Act of 1990 for such the responsible party or a guarantor in an subsection. an incident that occurred prior to the date of appropriate district court. The Attorney ‘‘(B) NETWORKED ORGANIZATIONS.—The enactment of this Act. General shall bring the action for reimburse- State board shall, to the maximum extent (f) EMERGENCY DESIGNATION FOR CONGRES- SIONAL ENFORCEMENT.—This section is des- ment of costs, in the amount of the demand, practicable, consider applications for grants ignated as an emergency for purposes of pay- plus all costs incurred in obtaining payment, under this subsection from organizations as-you-go principles. In the Senate, this sec- including prejudgment interest, attorney’s that have established networks with affected tion is designated as an emergency require- fees, and any other administrative and adju- business sectors, including— ment pursuant to sections 403(a) and 423(b) of dicative costs involved. Such reimbursement ‘‘(i) the fishery and aquaculture industries; S. Con. Res. 13 (111th Congress), the concur- shall be without regard to limits of liability ‘‘(ii) the restaurant, grocery, food proc- rent resolution on the budget for fiscal year under section 1004 of Oil Pollution Act of 1990 essing, and food delivery industries; and 2010. (33 U.S.C. 2704). ‘‘(iii) the hotel and tourism industries. ‘‘(6) USE OF AVAILABLE FUNDS.—Funds ap- ‘‘(4) USE OF FUNDS.— ‘‘(A) IN GENERAL.—Funds from a grant pro- SA 4292. Mr. WICKER submitted an propriated for fiscal years 2009 and 2010 and amendment intended to be proposed by remaining available for obligation by the vided under this subsection may be used by Secretary to provide any assistance author- an eligible organization— him to the bill H.R. 4899, making emer- ized under this section shall be available to ‘‘(i) to support— gency supplemental appropriations for provide that assistance, subject to paragraph ‘‘(I) education; disaster relief and summer jobs for the (3), to eligible individuals described in para- ‘‘(II) outreach; fiscal year ending September 30, 2010, graph (2), including employees who have re- ‘‘(III) intake; ‘‘(IV) language services; and for other purposes; which was or- located from areas in which an incident has ‘‘(V) accounting services; dered to lie on the table; as follows: occurred. Under such conditions as the Sec- ‘‘(VI) legal services offered pro bono or by On page 36, between lines 2 and 3, insert retary may approve, any State may use a nonprofit organization; the following: funds that remain available for expenditure ‘‘(VII) damage assessments; SEC. 608. COMPLIANCE WITH ENVIRONMENTAL under any grants awarded to the State for ‘‘(VIII) economic loss analysis; LAWS. fiscal year 2009, 2010, or 2011 under this sec- ‘‘(IX) collecting and preparing documenta- For an interoperable communications sys- tion to provide that assistance to those eligi- tion; and tem facility for which construction began ble individuals. Funds used pursuant to the ‘‘(X) assistance in the preparation and fil- before June 1, 2009 using a grant made under authority provided under this paragraph ing of claims or appeals; section 573 of division E of the Consolidated shall be reimbursed as described in para- ‘‘(ii) to provide assistance to individuals or Appropriations Act, 2008 (Public Law 110–161; graph (5). businesses seeking assistance from or 121 Stat. 2093), section 10501 of division B of ‘‘(7) RESERVATION OF FUNDS FOR ADMINIS- under— the Consolidated Security, Disaster Assist- TRATIVE ACTIVITIES OF THE DEPARTMENT OF ‘‘(I) a party responsible for the oil spill; ance, and Continuing Appropriations Act, LABOR.—The Secretary may reserve not more ‘‘(II) the Oil Spill Liability Trust Fund; 2009 (Public Law 110–329; 122 Stat. 3592), or than 1 percent of the funds available to carry ‘‘(III) an insurance policy; or section 603 of the Supplemental Appropria- out this subsection and transfer the reserved ‘‘(IV) any other program administered by tions Act, 2009 (Public Law 111–32; 123 Stat. funds to appropriate Department of Labor the Federal Government or a State or local 1882), if the facility is determined to be in accounts. The Secretary shall transfer the government; compliance with Federal environmental laws funds to accounts for program administra- ‘‘(iii) to pay for salaries, training, and ap- under standards established by the Federal tion and support activities in the Depart- propriate expenses relating to the purchase Communications Commission, the facility ment of Labor associated with this sub- or lease of property to support operations, shall be deemed in compliance with stand- section, and for increased worker protection equipment (including computers and tele- ards established by the Federal Emergency and workplace benefit activities and over- communications), and travel expenses; Management Agency relating to Federal en- sight and coordination activities in connec- ‘‘(iv) to assist other organizations— vironmental laws. tion with the application of laws (including ‘‘(I) assisting specific business sectors; regulations) associated with the Depart- ‘‘(II) providing services; SA 4293. Mr. BOND submitted an ment’s response to spills described in sub- ‘‘(III) assisting specific jurisdictions; or ‘‘(IV) otherwise supporting operations; and amendment intended to be proposed by section (a)(5). Funds used pursuant to the au- him to the bill H.R. 4899, making emer- thority provided under this paragraph shall ‘‘(v) to establish an advisory board of serv- be reimbursed as described in paragraph (5). ice providers and technical experts— gency supplemental appropriations for ‘‘(8) REPORT.—Not later than 1 year after ‘‘(I) to monitor the claims process relating disaster relief and summer jobs for the the date of enactment of this subsection, the to the oil spill; and fiscal year ending September 30, 2010, Secretary shall submit to the Committee on ‘‘(II) to provide recommendations to the and for other purposes; which was or- Appropriations of the House of Representa- parties responsible for the oil spill, the Na- dered to lie on the table; as follows: tives and the Committee on Appropriations tional Pollution Funds Center, other appro- priate agencies, and Congress to improve On page 74, after line 12 insert the fol- of the Senate a report describing the use of lowing (or where best appropriate) the funds made available to carry out this fairness and efficiency in the claims process. FEDERAL TRANSPARENCY subsection.’’. ‘‘(B) PROHIBITION ON USE OF FUNDS.—Funds (d) OIL SPILL CLAIMS ASSISTANCE AND RE- from a grant provided under this subsection SEC 20. For all programs administered COVERY REQUIREMENTS.—Section 173 of the may not be used to provide compensation for competitively or as sole source, the Sec- Workforce Investment Act of 1998 (29 U.S. C. damages or removal costs relating to the oil retary of the Department of Transportation, 2918), as amended by subsection (c), is fur- spill. the Secretary of Housing and Urban Develop- ther amended by adding at the end the fol- ‘‘(5) TRAINING.—Not later than 30 days ment and any other large agencies (with lowing: after the date on which an eligible organiza- staffing over 500 FTEs) are required to file in ‘‘(i) OIL SPILL CLAIMS ASSISTANCE AND RE- tion receives a grant under this subsection, the Federal Register the following trans- COVERY REQUIREMENTS.— the Director of the National Pollution Funds parency information, including, but limited, ‘‘(1) GRANTS.—A State board shall use Center and the parties responsible for the oil to information including the name, address funds made available under subsection (a)(6) spill shall provide training to the organiza- and phone number of each successful grant- to provide, to eligible nonprofit organiza- tion regarding the applicable rules and pro- ee, and each grant award amount. Each tions, technical assistance grants for use in cedures for the claims process relating to the agency shall provide the minimum criteria assisting individuals and businesses affected oil spill. and process for the decisionmaking. Within by the Deepwater Horizon oil spill in the ‘‘(6) AVAILABILITY OF FUNDS.—Funds from a three days prior to publication in the Fed- Gulf of Mexico (referred to in this subsection grant provided under this subsection shall be eral Agency, all cost shares and leveraging of

VerDate Mar 15 2010 03:46 May 27, 2010 Jkt 089060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\CR\FM\A26MY6.078 S26MYPT1 smartinez on DSKB9S0YB1PROD with SENATE S4468 CONGRESSIONAL RECORD — SENATE May 26, 2010 funds within the grant program shall be in- clause (i) to be legitimate for payment by under subsection (c) of the amount of tax im- cluded as well as any other sources of Fed- BP, the claim shall be returned to BP for im- posed. Unless such payment is made within eral, State or private funds. In addition, mediate payment. such 60 days, a patent term extension pursu- within three days of publication, each rel- ant to a request under section 156(i) of title evant agency shall be required to submit to SA 4295. Mr. KERRY submitted an 35, United States Code, shall not become ef- the primary House and Senate committees amendment intended to be proposed by fective and no tax shall be due under this all back-up information and materials on the him to the bill H.R. 4213, to amend the section. methodology of the award selections, includ- Internal Revenue Code of 1986 to extend ‘‘(e) TAX PAYMENT NOT AVAILABLE FOR OB- ing how these awards are consistent with certain expiring provisions, and for LIGATION.—Taxes received under this section program assistance and goals; also included are not available for obligation.’’. shall be all benchmarks and deadlines in- other purposes; which was ordered to (b) CLERICAL AMENDMENT.—The table of cluding rationales for the program(s).’’. lie on the table; as follows: subchapters for chapter 36 of such Code is At the appropriate place, insert the fol- amended by adding after the item relating to SA 4294. Mr. VITTER submitted an lowing: subchapter D the following new item: amendment intended to be proposed to SEC. ll. EXCISE TAX ON PATENT TERM EXTEN- ‘‘SUBCHAPTER E. TAX ON PATENT TERM EXTEN- amendment SA 4175 proposed by Mr. SIONS. SIONS GRANTED PURSUANT TO CERTAIN EX- LAUTENBERG to the bill H.R. 4899, mak- (a) EXCISE TAX ON PATENT TERM EXTEN- TENSION REQUESTS.’’. SIONS GRANTED PURSUANT TO CERTAIN EXTEN- ing emergency supplemental appropria- (c) AMENDMENT.—Section 156 of title 35, SION REQUESTS.—Chapter 36 of the Internal United States Code, is amended by adding at tions for disaster relief and summer Revenue Code of 1986 is amended by adding jobs for the fiscal year ending Sep- the end the following new subsection: after subchapter D the following new sub- ‘‘(i) ACCEPTANCE OF FILINGS IN CERTAIN tember 30, 2010, and for other purposes; chapter: CASES.—The Director shall accept an appli- which was ordered to lie on the table; ‘‘Subchapter E—Tax on Patent Term Exten- cation under this section that was filed not as follows: sions Granted Pursuant to Certain Exten- later than 3 business days after the expira- At the end of the amendment, add the fol- sion Requests tion of the 60-day period provided in sub- lowing: ‘‘SEC. 4491. IMPOSITION OF TAX. section (d)(1) if the owner of record of the (c) LIABILITY FOR DEEPWATER HORIZON OIL ‘‘(a) IMPOSITION OF TAX.—A tax is hereby patent, or its agent, submits a request to the SPILL.— imposed on the acceptance of an extension of Director to proceed under this subsection (1) IN GENERAL.—Congress finds that— a patent term pursuant to a request under not later than 5 business days after the expi- (A) executives of British Petroleum Explo- section 156(i) of title 35, United States Code. ration of that 60-day period. An application ration & Production, Incorporated (referred ‘‘(b) AMOUNT OF TAX.— accepted by the Director under this sub- to in this subsection as ‘‘BP’’) testified be- ‘‘(1) IN GENERAL.—The amount of tax im- section shall be treated as if it had been filed fore Congress in May 2010 that BP would pay posed by subsection (a) shall be— within the period specified in subsection all legitimate claims relating to the Deep- ‘‘(A) $65,000,000 with respect to any applica- (d)(1).’’. water Horizon explosion and oil spill that ex- tion for a patent term extension, filed with (d) TECHNICAL AND CONFORMING AMEND- ceed existing applicable economic liability the United States Patent and Trademark Of- MENTS.— limitations; fice before the date of the enactment of this (1) Section 156(d)(1) of title 35, United (B) a letter from the Group Chief Executive section, for a drug intended for use in hu- States Code, is amended in the second sen- of BP to the Secretaries of Homeland Secu- mans that is in the anticoagulant class of tence, by inserting ‘‘or subsection (i)’’ after rity and the Interior dated May 16, 2010, evi- drugs; or ‘‘paragraph (5)’’. dences an offer of BP to modify the oil and ‘‘(B) the amount determined under para- (2) Section 156 (e)(2) of title 35, United gas leasing contract involved in the Deep- graph (2) with respect to any other applica- States Code, is amended by inserting ‘‘or be- water Horizon incident to incorporate new tion for a patent term extension. fore a request under subsection (i) respecting terms of liability by stating that BP is ‘‘pre- ‘‘(2) CALCULATION OF TAX.—The amount de- the application is resolved’’ after ‘‘respect- pared to pay above $75 million’’ on ‘‘all le- termined under this paragraph is the amount ing the application’’ and inserting ‘‘certifi- gitimate claims’’ relating to that explosion which the Secretary estimates to be equal to cate of extension’’ after ‘‘such’’. and oil spill; the sum of— (e) EFFECTIVE DATE.— (C) that offer is acceptable to Congress and ‘‘(A) any net increase in direct spending (1) IN GENERAL.—The amendments made by to the Secretary of the Interior; arising from the extension of the patent this section shall apply with respect to any (D) all documented legitimate claims pur- term (including direct spending of the United application for a patent term extension pur- suant to the Oil Pollution Act of 1990 (33 States Patent and Trademark Office and any suant to section 156 of title 35, United States U.S.C. 2701 et seq.) for economic damages re- other department or agency of the Federal Code— lating to the Deepwater Horizon explosion Government), (A) that is made on or after the date of the and oil spill should be paid by BP without ‘‘(B) any net decrease in revenues arising enactment of this Act, or limit on liability; from such patent term extension, and (B) that, on the date of the enactment of (E) BP should provide to the Federal Gov- ‘‘(C) any indirect reduction in revenues as- this Act, is pending, that is described in sec- ernment any claims relating to the Deep- sociated with payment of the tax under this tion 4491(b)(1)(A) of the Internal Revenue water Horizon explosion and oil spill that BP section. Code of 1986 as added by subsection (a) of this fails to pay; and ‘‘(3) DETERMINATION BY SECRETARY.—The section, or as to which a decision denying (F) if the Federal Government finds pursu- Secretary, in determining the amount under the application is subject to judicial review ant to the Oil Pollution Act of 1990 (33 U.S.C. paragraph (2), shall consult with the Direc- on such date. 2701 et seq.) that such claims are legitimate tor of the Office of Management and Budget, (2) TREATMENT OF CERTAIN APPLICATIONS.— under that Act, the claims should be re- the Director of the United States Patent and In the case of any application described in turned to BP for immediate payment. Trademark Office, and either the Secretary paragraph (1)(B), the 5-business-day period (2) DIRECTIVE TO SECRETARY OF THE INTE- of Health and Human Services or, in the case specified in section 156(i) of title 35, United RIOR.— of a drug product subject to the Act com- States Code, as added by subsection (c) of (A) IN GENERAL.—Notwithstanding any monly referred to as the ‘Virus-Serum-Toxin this section, shall be deemed to begin on the other provision of law, the Secretary of the Act’ (21 U.S.C. 151 et seq.), the Secretary of date of the enactment of this Act, and, if the Interior (referred to in this subsection as the Agriculture. original term of the patent to be extended ‘‘Secretary’’) shall— ‘‘(c) BY WHOM PAID.—The tax imposed by has expired, any extension or interim exten- (i) accept the new terms of liability offered this section shall be paid by the owner of sion of the term of the patent granted pursu- by BP in the letter described in paragraph record of the patent, or its agent. The Direc- ant to a request under section 156(i) of title (1)(B); and tor of the United States Patent and Trade- 35, United States Code, shall be effective (ii) consider the oil and gas leasing con- mark Office, after consultation with the Sec- from the original expiration date of the pat- tract involved in the Deepwater Horizon in- retary, shall inform the owner of record of ent. cident as being amended to reflect those new the patent, or its agent, of the tax deter- f terms. mined under subsection (b) at the time the (B) PAYMENT OF CLAIMS.— Director provides notice of the length of the NOTICE OF INTENT TO SUSPEND (i) IN GENERAL.—As an inherent condition period of the extension of the patent term THE RULES of the amended lease described in subpara- that will become effective pursuant to a re- Mr. DEMINT. Mr. President, I submit graph (A), BP shall present to the Secretary quest under section 156(i) of title 35, United the following notice in writing: In ac- each claim relating to the Deepwater Hori- States Code. cordance with rule V of the Standing zon explosion and oil spill that BP fails to ‘‘(d) PAYMENT.—The tax imposed by this pay. section shall be payable within 60 days after Rules of the Senate, I hereby give no- (ii) FINDING OF LEGITIMACY.—As a further the Director of the United States Patent and tice in writing that it is my intention inherent condition of the amended lease, if Trademark Office provides notice to the to move to suspend rule XVI, and rule the Secretary finds a claim described in owner of record of the patent, or its agent, XXII, Paragraph 2, for the purpose of

VerDate Mar 15 2010 03:46 May 27, 2010 Jkt 089060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\A26MY6.080 S26MYPT1 smartinez on DSKB9S0YB1PROD with SENATE May 26, 2010 CONGRESSIONAL RECORD — SENATE S4469 proposing and considering the fol- Reclamation Projects Authorization AFRICAN AFFAIRS SUBCOMMITTEE lowing amendment to H.R. 4899, includ- and Adjustment Act of 1992 to require Mr. DORGAN. Mr. President, I ask ing germaneness requirements: the Secretary of the Interior, acting unanimous consent that the Com- At the appropriate place, insert the fol- through the Bureau of Reclamation, to mittee on Foreign Relations be author- lowing: take actions to improve environmental ized to meet during the session of the SEC. ll. BORDER FENCE COMPLETION. conditions in the vicinity of the Senate on May 26, 2010, at 2:30 p.m., to (a) MINIMUM REQUIREMENTS.—Section Leadville Mine Drainage Tunnel in hold an African Affairs subcommittee 102(b)(1) of the Illegal Immigration Reform Lake County, Colorado, and for other hearing entitled ‘‘Assessing Challenges and Immigrant Responsibility Act of 1996 (8 purposes; and H.R. 4252 to direct the and Opportunities for Peace in Sudan.’’ U.S.C. 1103 note) is amended— Secretary of the Interior to conduct a The PRESIDING OFFICER. Without (1) in subparagraph (A), by adding at the study of water resources in the Rialto- objection, it is so ordered. end the following: ‘‘Fencing that does not ef- fectively restrain pedestrian traffic (such as Colton Basin in the State of California, SUBCOMMITTEE ON COMMUNICATIONS, vehicle barriers and virtual fencing) may not and for other purposes. TECHNOLOGY, AND THE INTERNET be used to meet the 700-mile fence require- Because of the limited time available Mr. DORGAN. Mr. President, I ask ment under this subparagraph.’’; for the hearing, witnesses may testify unanimous consent that the Sub- (2) in subparagraph (B)— by invitation only. However, those committee on Communications, Tech- (A) in clause (i), by striking ‘‘and’’ at the wishing to submit written testimony nology, and the Internet of the Com- end; for the hearing record should send it to mittee on Commerce, Science, and (B) in clause (ii), by striking the period at the Committee on Energy and Natural the end and inserting ‘‘; and’’; and Transportation be authorized to meet (C) by adding at the end the following: Resources, United States Senate, during the session of the Senate on ‘‘(iii) not later than 1 year after the date of Washington, DC 20510–6150, or by email May 26, 2010, at 2:30 p.m., in room 253 of the enactment of the Supplemental Appro- to [email protected] the Russell Senate Office Building. priations Act, 2010, complete the construc- .gov. The PRESIDING OFFICER. Without tion of all the reinforced fencing and the in- For further information, please con- objection, it is so ordered. stallation of the related equipment described tact Tanya Trujillo at or Gina SUBCOMMITTEE ON THE CONSTITUTION in subparagraph (A).’’; and Weinstock. (3) in subparagraph (C), by adding at the Mr. DORGAN. Mr. President, I ask f end the following: unanimous consent that the Com- ‘‘(iii) FUNDING NOT CONTINGENT ON CON- AUTHORITY FOR COMMITTEES TO mittee on the Judiciary, Sub- SULTATION.—Amounts appropriated to carry MEET committee on the Constitution, be au- out this paragraph may not be impounded or thorized to meet during the session of otherwise withheld for failure to fully com- COMMITTEE ON ARMED SERVICES Mr. DORGAN. Mr. President, I ask the Senate, on May 26, 2010, at 10 a.m., ply with the consultation requirement under in room SD–226 of the Dirksen Senate clause (i).’’. unanimous consent that the Com- Office Building, to conduct a hearing (b) REPORT.—Not later than 180 days after mittee on Armed Services be author- the date of the enactment of the Supple- ized to meet during the session of the entitled ‘‘The Legality and Efficacy of mental Appropriations Act, 2010, the Sec- Senate on May 26, 2010, at 2:30 p.m. Line-Item Veto Proposals.’’ retary of Homeland Security shall submit a The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without report to Congress that describes— objection, it is so ordered. objection, it is so ordered. (1) the progress made in completing the re- SUBCOMMITTEE ON SEAPOWER inforced fencing required under section COMMITTEE ON FINANCE 102(b)(1) of the Illegal Immigration Reform Mr. DORGAN. Mr. President, I ask Mr. DORGAN. Mr. President, I ask and Immigrant Responsibility Act of 1996 (8 unanimous consent that the Com- unanimous consent that the Sub- U.S.C. 1103 note), as amended by this section; mittee on Finance be authorized to committee on Seapower of the Com- and meet during the session of the Senate mittee on Armed Services be author- (2) the plans for completing such fencing on May 26, 2010, at 10 a.m., in room 215 ized to meet during the session of the not later than 1 year after the date of the en- of the Dirksen Senate Office Building. Senate on May 26, 2010, at 9:30 a.m. actment of this Act. The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without f objection, it is so ordered. objection, it is so ordered. NOTICE OF HEARING COMMITTEE ON HEALTH, EDUCATION, LABOR, SPECIAL COMMITTEE ON AGING AND PENSIONS Mr. DORGAN. Mr. President, I ask SUBCOMMITTEE ON WATER AND POWER Mr. DORGAN. Mr. President, I ask unanimous consent that the Special Mr. BINGAMAN. Mr. President, I unanimous consent that the Com- Committee on Aging be authorized to would like to announce for the infor- mittee on Health, Education, Labor meet during the session of the Senate mation of the Senate and the public and Pensions be authorized to meet on May 26, 2010, from 2–5 p.m. in Dirk- that a hearing has been scheduled be- during the session of the Senate on sen 562 for the purpose of conducting a fore the Subcommittee on Water and May 25, 2010, at 10 a.m. in room 430 of hearing. Power of the Committee on Energy and the Dirksen building. The PRESIDING OFFICER. Without Natural Resources. The hearing will be The PRESIDING OFFICER. Without objection, it is so ordered. held on Wednesday, June 9, 2010, at 3 objection, it is so ordered. f p.m., in room SD–366 of the Dirksen COMMITTEE ON INDIAN AFFAIRS Senate Office Building in Washington, Mr. DORGAN. Mr. President, I ask PRIVILEGES OF THE FLOOR DC. unanimous consent that the Com- Mr. WHITEHOUSE. Mr. President, I The purpose of the hearing is to re- mittee on Indian Affairs be authorized ask unanimous consent that Daniel ceive testimony on S. 2891, a bill to fur- to meet during the session of the Sen- Garbe, a State Department fellow, and ther allocate and expand the avail- ate on May 26, 2010, at 10 a.m. in room Jeffrey Moulton, a military fellow, who ability of hydroelectric power gen- 628 of the Dirksen Senate Office Build- are working in Senator TED KAUFMAN’s erated at Hoover Dam, and for other ing. office, be granted the privileges of the purposes; S. 2779/H.R. 3671, a bill to pro- The PRESIDING OFFICER. Without floor for the duration of the Senate’s mote Department of the Interior ef- objection, it is so ordered. consideration of H.R. 4899, the supple- forts to provide a scientific basis for COMMITTEE ON SMALL BUSINESS AND mental appropriations bill. the management of sediment and nu- ENTREPRENEURSHIP The ACTING PRESIDENT pro tem- trient loss in the Upper Mississippi Mr. DORGAN. Mr. President, I ask pore. Without objection, it is so or- River Basin, and for other purposes; S. unanimous consent that the Com- dered. 3387, a bill to provide for the release of mittee on Small Business and Entre- f water from the marketable yield pool preneurship be authorized to meet dur- of water stored in the Ruedi Reservoir ing the session of the Senate on May RECOGNIZING JUNE 2010 AS HHT for the benefit of endangered fish habi- 26, 2010. MONTH tat in the Colorado River, and for other The PRESIDING OFFICER. Without Mr. DURBIN. Mr. President, I ask purposes; S. 3404, a bill to amend the objection, it is so ordered. unanimous consent that the HELP

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Without Whereas brain tumors are the leading (1) recognizes the need to pursue research cause of death from solid tumors in children objection, it is so ordered. to find better treatments, and eventually, a under the age of 20 and are the third leading The clerk will report the resolution cure for HHT; cause of death from cancer in young adults by title. (2) recognizes and supports the HHT Foun- ages between the ages of 20 and 39; The assistant legislative clerk read dation International as the only advocacy Whereas brain tumors may be malignant as follows: organization in the United States working to or benign, but can be life-threatening in ei- A resolution (S. Res. 508) recognizing June find a cure for HHT while saving the lives ther case; 2010 as National Hereditary Hemorrhagic and improving the well-being of individuals Whereas 612,000 Americans have been diag- Telangiecstasia (HHT) month established to and families affected by HHT through re- nosed and are living with a brain tumor; increase awareness of HHT, which is a com- search, outreach, education, and support; Whereas the treatment of brain tumors is plex genetic blood vessel disorder that af- (3) supports the designation of June 2010 as complicated by the fact that more than 120 fects approximately 70,000 people in the National Hereditary Hemorrhagic different types of brain tumors exist; United States. Telangiecstasia (HHT) month, to increase Whereas the treatment of brain tumors There being no objection, the Senate awareness of HHT; presents significant challenges because of— (4) acknowledges the need to identify the (1) the location of brain tumors in an en- proceeded to consider the resolution. approximately 90 percent of the HHT popu- closed bony canal; Mr. DURBIN. Mr. President, I ask lation that has not yet been diagnosed and is (2) the difficulty of delivering treatment unanimous consent the resolution be at risk for death or disability due to sudden across the blood-brain barrier; agreed to, the preamble be agreed to, rupture of the blood vessels in major organs (3) the obstacles to complete surgical re- the motions to reconsider be laid upon in the body; moval of the tumors; and the table, with no intervening action (5) recognizes the importance of com- (4) the serious edema that results when the or debate, and that any statements re- prehensive care centers in providing com- blood-brain barrier is disrupted; Whereas brain tumors have been described lating to the resolution be printed in plete care and treatment for each patient with HHT; as a disease that affects the essence of the RECORD. ‘‘self’’; The PRESIDING OFFICER. Without (6) recognizes that stroke, lung, and brain hemorrhages can be prevented through early Whereas brain tumor research is supported objection, it is so ordered. diagnosis, screening, and treatment of HHT; by a number of private nonprofit research The resolution (S. 508) was agreed to. (7) recognizes severe hemorrhages in the foundations and by institutes at the Na- The preamble was agreed to. nose and gastrointestinal tract can be con- tional Institutes of Health, including the Na- The resolution, with its preamble, trolled through intervention, and that heart tional Cancer Institute and the National In- reads as follows: failure can be managed through proper diag- stitute for Neurological Disorders and S. RES. 508 nosis of HHT and treatments; Stroke; Whereas important advances have been Whereas, according to the HHT Foundation (8) recognizes that a leading medical and made in understanding brain tumors, includ- International, Hereditary Hemorrhagic academic institution estimated that ing the genetic characterization of glio- Telangiecstasia (HHT), also referred to as $6,600,000,000 of 1-time health care costs can blastoma multiforme, 1 of the deadliest Osler-Weber-Rendu Syndrome, is a long-ne- be saved through aggressive management of forms of brain tumor; glected national health problem that affects HHT in the at-risk population; and Whereas advances in basic research may approximately 70,000 (1 in 5,000) people in the (9) encourages the people of the United fuel the research and development of new United States and 1,200,000 people worldwide; States and interested groups to observe and treatments; Whereas HHT is an autosomal dominant, support the month through appropriate pro- Whereas daunting obstacles still remain to uncommon complex genetic blood vessel dis- grams and activities that promote public the development of new treatments, and no order, characterized by telangiectases and awareness of HHT and potential treatments strategies for the screening or early detec- artery-vein malformations that occurs in for it. tion of brain tumors exist; major organs including the lungs, brain, and f Whereas a need for greater public aware- liver, as well as the nasal mucosa, mouth, ness of brain tumors exists, including aware- gastrointestinal tract, and skin of the face NATIONAL BRAIN TUMOR ness of the difficulties associated with re- and hands; AWARENESS MONTH search on brain tumors and the opportuni- Whereas left untreated, HHT can result in Mr. DURBIN. Mr. President, I ask ties for advances in brain tumor research considerable morbidity and mortality and unanimous consent the Judiciary Com- and treatment; and lead to acute and chronic health problems or mittee be discharged from further con- Whereas May, when brain tumor advocates sudden death; nationwide unite in awareness, outreach, and Whereas according to the HHT Foundation sideration and the Senate proceed to S. advocacy activities, would be an appropriate International, 20 percent of those with HHT, Res. 537. month to recognize as National Brain Tumor regardless of age, suffer death and disability; The PRESIDING OFFICER. Without Awareness Month: Now, therefore, be it Whereas according to the HHT Foundation objection, it is so ordered. Resolved, That the Senate— International, due to widespread lack of The clerk will report the resolution (1) designates May 2010 as ‘‘National Brain knowledge of the disorder among medical by title. Tumor Awareness Month’’; professionals, approximately 90 percent of The assistant legislative clerk read (2) encourages increased awareness of brain the HHT population has not yet been diag- as follows: tumors to honor those individuals who have nosed and is at risk for death or disability lost their lives to brain tumors, as well as due to sudden rupture of the blood vessels in A resolution (S. Res. 537) designating May those individuals who are living with brain major organs in the body; 2010 as ‘‘National Brain Tumor Awareness tumors; Whereas the HHT Foundation Inter- Month.’’ (3) supports efforts to develop better treat- national estimates that 20 to 40 percent of There being no objection, the Senate ments for brain tumors that will improve the complications and sudden death due to these proceeded to consider the resolution. quality of life and their long-term prognosis ‘‘vascular time bombs’’ are preventable; Mr. DURBIN. Mr. President, I ask of those individuals diagnosed with a brain Whereas patients with HHT frequently re- unanimous consent the resolution be tumor; ceive fragmented care from practitioners agreed to, the preamble be agreed to, (4) expresses the support of the Senate for who focus on 1 organ of the body, having lit- those individuals who are battling brain tu- tle knowledge about involvement in other and the motions to reconsider be laid mors, as well as the families, friends, and organs or the interrelation of the syndrome upon the table. caregivers of those individuals; and systemically; The PRESIDING OFFICER. Without (5) urges a collaborative public-private ap- Whereas HHT is associated with serious objection, it is so ordered. proach to brain tumor research as the best consequences if not treated early, yet the The resolution (S. Res. 537) was means of advancing basic knowledge of, and condition is amenable to early identification agreed to. treatments for, brain tumors. and diagnosis with suitable tests, and there The preamble was agreed to. f are acceptable treatments available in al- The resolution, with its preamble, ready-established facilities such as the 8 reads as follows: NATIONAL SMALL BUSINESS HHT Treatment Centers of Excellence in the WEEK United States; and S. RES. 537 Whereas adequate Federal funding is need- Whereas 62,000 Americans are diagnosed Mr. DURBIN. Mr. President, I ask ed for education, outreach, and research to with a primary brain tumor each year and unanimous consent that the Senate

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Without A resolution (S. Res. 540) honoring the en- of the owners of small businesses and their objection, it is so ordered. trepreneurial spirit of small business in the employees, whose hard work and commit- ment to excellence have made them a key Mr. DURBIN. Mr. President, I sug- United States during ‘‘National Small Busi- gest the absence of a quorum. ness Week,’’ beginning May 23, 2010. part of the economic vitality of the Nation; (3) recognizes the work of the Small Busi- The PRESIDING OFFICER. The There being no objection, the Senate ness Administration and its resource part- clerk will call the roll. proceeded to consider the resolution. ners in providing assistance to entrepreneurs The assistant legislative clerk pro- Mr. DURBIN. Mr. President, I ask and small businesses; and ceeded to call the roll. unanimous consent that the resolution (4) recognizes the importance of ensuring Mr. KERRY. Mr. President, I ask be agreed to, the preamble be agreed that— unanimous consent that the order for (A) the applicable procurement goals for to, the motions to reconsider be laid the quorum call be rescinded. upon the table, with no intervening ac- small businesses, including the goals for small businesses owned and controlled by The PRESIDING OFFICER. Without tion or debate, and any statements re- service-disabled veterans, small businesses objection, it is so ordered. lated to the resolution be printed in owned and controlled by women, HUBZone f the RECORD. small businesses, and socially and economi- The PRESIDING OFFICER. Without cally disadvantaged small businesses, are PATENT TERM RESTORATION objection, it is so ordered. reached by all Federal agencies; Mr. KERRY. Mr. President, I wish to The resolution (S. Res. 540) was (B) guaranteed loans and microloans for send an amendment to the desk for the agreed to. start-up and growing small businesses, are purpose of filing at a later time, if it is The preamble was agreed to. made available to all qualified small busi- nesses; appropriate. Can they simply hold it at The resolution, with its preamble, (C) the management assistance programs the desk? reads as follows: delivered by resource partners on behalf of The PRESIDING OFFICER. The S. RES. 540 the Small Business Administration, such as amendment can be received at the Whereas the approximately 29,600,000 small Small Business Development Centers, Wom- desk. businesses in the United States are the driv- en’s Business Centers, Veterans Business Outreach Centers, and the Service Corps of Mr. KERRY. Mr. President, the ing force behind the economy of the Nation, amendment I have sent to the desk is creating more than 64 percent of all net new Retired Executives, are provided with the jobs and generating more than 50 percent of Federal resources necessary to provide small an amendment that is very important. the non-farm gross domestic product of the businesses the technical assistance and coun- It is important to us in Massachusetts, Nation; seling that they desperately need; but it is also important to a certain Whereas small businesses will play an inte- (D) small business disaster assistance number of companies in this country gral role in rebuilding the economy of the through the Small Business Administration that may find themselves in a similar Nation; is provided in a timely and efficient manner; situation. Whereas small businesses are the Nation’s (E) Federal tax policy spurs small business growth, creates jobs, and increases competi- I wish to express my strong support innovators, producing 13 times more patents on the Senate floor tonight for the in- per employee as large firms, and advancing tiveness; technology and productivity; (F) the Federal Government reduces the clusion of this amendment in the up- Whereas only 1 percent of all small busi- regulatory compliance burden on small busi- coming House tax extenders bill. The nesses export and produce 31 percent of ex- nesses; purpose of this amendment is to fix a ported goods; (G) advanced technology policy facilitates complete anomaly in the patent law Whereas Congress established the Small access to affordable broadband Internet serv- that is vital to our State. Let me ex- Business Administration in 1953 to aid, coun- ice to foster rural small business growth; and plain. sel, assist, and protect the interests of small (H) systems of intellectual property pro- tection continues to foster small business in- The House provision that is being businesses in order to preserve free and com- contemplated will allow for a patent petitive enterprise, to ensure that a fair pro- novation. application to be filed up to 30 days portion of the total purchases, contracts, f and subcontracts for property and services late, with a penalty to be paid by the for the Federal Government are placed with ORDERS FOR THURSDAY, MAY 27, filer to the Patent and Trademark Of- small businesses, to make certain that a fair 2010 fice. This provision has been drafted so proportion of the total sales of Federal Gov- Mr. DURBIN. Mr. President, I ask that it can be included in the tax ex- ernment property are made to such small unanimous consent that when the Sen- tenders bill. Let me explain why this is businesses, and to maintain and strengthen ate completes its business today, it re- important and what it does. the overall economy of the Nation; The Medicines Company, which is a Whereas every year since 1963 the Presi- cess until 9:30 a.m. on Thursday, May dent of the United States has proclaimed a 27; that following the prayer and New Jersey startup company, licensed National Small Business Week to recognize pledge, the Journal of proceedings be Angiomax. That is the name of the the contributions of small businesses to the approved to date, the time for the two product. It is a synthetic blood thin- economic well-being of the United States; leaders be reserved for their use later ner. That company invested $200 mil- Whereas in 2010, ‘‘National Small Business in the day, and the Senate resume con- lion in R&D, and it gained FDA ap- Week’’ will honor the estimated 29,600,000 sideration of H.R. 4899, as provided for proval for this product. small businesses in the United States; under the previous order; further, I ask In 2001, the Angiomax’s patent term Whereas the Small Business Administra- restoration application was uninten- tion has helped small businesses with access that the filing deadline for second de- to critical lending opportunities, protected gree amendments be 11 a.m. tomorrow. tionally filed after the close of business small businesses from excessive Federal reg- The PRESIDING OFFICER. Without on the day of the filing deadline. It was ulatory enforcement, played a key role in en- objection, it is so ordered. filed electronically. Because it was suring full and open competition for govern- f filed electronically on the day of the ment contracts, and improved the economic deadline beyond the close of business in environment in which small business con- PROGRAM the office, in terms of daytime pres- cerns compete; Mr. DURBIN. Mr. President, tonight ence, it was deemed to be filed 1 day Whereas for more than 50 years, the Small we were able to reach an agreement late. It was ruled as being filed 1 day Business Administration has helped millions of entrepreneurs achieve the American that would provide for a series of up to late by the Patent and Trademark Of- dream of owning a small business and has seven rollcall votes beginning at ap- fice subsequently. played a key role in fostering economic proximately 10 a.m. tomorrow morn- I remember when I was in law school, growth; and ing. people taught me often that sometimes

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We had a more pejo- needed patent reform legislation. rigorous FDA review process. rative term for what we called the law The Congressional Budget Office So I reiterate: The current filing pe- under those circumstances. projects that the provision will produce riod is so confusing that only 22 out of The fact is, as a result, the Medicines approximately $30 million in new reve- 100 medical innovators have been able Company lost almost 5 years of earned nues to our government over the next to calculate the law’s 60-day filing pe- patent protection with a value of 10 years. Two recent independent eco- riod accurately. The current filing pe- roughly $1 billion. nomic studies confirm that the provi- riod is a trap for the unaware, and pen- As former Surgeon General Dr. Louis sion will save up to $1.3 billion in costs alties are vastly out of proportion to Sullivan said: for the private hospital system over the impact of having accidentally The fate of this corrective provision could the course of the next 10 years. missed by a few hours, when you actu- be a matter of life and death for tens of thou- Nearly 50 of the Nation’s leading doc- ally file correctly on the same day, the sands of patients. The reality is that stark. tors have written to Congress urging application that is due. As drug innovators develop pioneering medi- the enactment of this provision be- Mr. President, I hope this amend- cines, the benefits available to patients are cause it will allow lifesaving medical ment will be in the tax extenders bill, increasing. These medical innovators’ ability research in the treatment and preven- and I intend to fight to see that it is. to conduct lifesaving research should not be tion of heart disease and stroke—the thwarted by a confusing filing deadline. I think it is an appropriate public pol- first and third leading causes of death icy decision in the best interests of our That was the Surgeon General of the and disability in the United States—to United States speaking. country and of the American citizens. move forward. Without this critical I yield the floor. The provision I submitted in an legislation, many thousands of patients amendment will simply allow for a pat- will be consigned to continued medical f ent application to be filed up to 30 days treatment with antiquated drugs rath- late, not just for this company but for er than safer, modern synthetic inno- RECESS UNTIL 9:30 A.M. any company in a similar situation, vations. TOMORROW with a penalty to be paid by them to Unless the provision is enacted The PRESIDING OFFICER. The Sen- the Patent and Trademark Office. promptly, up to 3,500 jobs in 6 States ate will stand in recess until Thursday, Is this something out of the ordi- may be lost, including up to 2,500 in the May 27, at 9:30 a.m. nary? No, it is not. Existing patent law State of Massachusetts. These jobs in- Thereupon, the Senate, at 7:36 p.m., provides grace periods in up to 30 simi- clude irreplaceable high-skilled jobs recessed until Thursday, May 27, 2010, lar situations. But it provides no grace developed by small business medical at 9:30 a.m. period for a late patent term restora- innovators. At this moment in our tion application, just one aberration economy, the last thing we want to do f within the framework of patent filings. is strip ourselves of revenues, strip our- NOMINATIONS This provision is consistent with the selves of income, strip ourselves of Hatch-Waxman patent restoration fil- jobs, and leave our patients in a less Executive nominations received by ing process and over 30 other provisions cared for and potentially lifesaving en- the Senate: of patent law which provide for dead- vironment than they would be with DEPARTMENT OF STATE line adjustments in order to avoid pre- this. Mr. President, we can’t afford to MATTHEW J. BRYZA, OF ILLINOIS, A CAREER MEMBER cisely the kind of drastic and dis- allow that to happen, and I don’t think OF THE SENIOR FOREIGN SERVICE, CLASS OF COUN- SELOR, TO BE AMBASSADOR EXTRAORDINARY AND proportionate result we see in this sit- Congress should allow a bureaucratic PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA uation. The provision provides a mod- misinterpretation of the law to hurt TO THE REPUBLIC OF AZERBAIJAN. MARK CHARLES STORELLA, OF MARYLAND, A CAREER est 3-day grace period if the filing our Nation’s public health and to cause MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF delay is unintentional. It also requires severe job losses. The provision’s en- COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA successful applicants to pay the U.S. actment will prevent these job losses, TO THE REPUBLIC OF ZAMBIA. Treasury a late filing fee to offset any and it will create new highly skilled IN THE ARMY cost to the Federal Government. jobs. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT Twice during the 110th Congress, the The amendment provides a 3-day IN THE UNITED STATES ARMY TO THE GRADE INDICATED House passed legislation unanimously grace period for the filing of Hatch- WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: to correct this anomaly. The Senate Waxman patent term restoration appli- To be lieutenant general Judiciary Committee reported a simi- cations. This provision of a grace pe- lar provision offered by Senator Ken- riod, as I said, is consistent with more LT. GEN. FRANCIS H. KEARNEY III nedy on a bipartisan vote of 14 to 2. Un- than 30 other provisions of patent law. THE FOLLOWING ARMY NATIONAL GUARD OF THE UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- fortunately, these provisions were not The bill corrects a harmful and con- SERVE OF THE ARMY TO THE GRADE INDICATED UNDER enacted into law during the 110th Con- fusing procedural anomaly that has TITLE 10, U.S.C., SECTIONS 12203 AND 12211: gress. During this Congress, despite the caused 78 percent of medical To be brigadier general efforts of Senate Judiciary Chairman innovators—78 percent—to miscalcu- COL. WALTER T. LORD

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POCKET-VETO POWERS After an enrolled measure is presented for holding of approval from the bill precludes Presidential approval, the parchment ulti- its becoming law. The Pocket Veto Case, 279 mately meets one of four ends. It might be U.S. 655 (1929). In addition to withholding my HON. NANCY PELOSI tendered to the Archivist by the President signature and thereby invoking my constitu- OF CALIFORNIA because he signed it or allowed it to become tional power to ‘pocket veto’ bills during an IN THE HOUSE OF REPRESENTATIVES law without his signature. It might be re- adjournment of the Congress, I am also send- Wednesday, May 26, 2010 ferred to committee by the first house to ing H.R. 1585 to the Clerk of the House of sustain a veto. It might be tendered to the Representatives, along with this memo- Ms. PELOSI. Madam Speaker, I submit for Archivist by the second house to override a randum setting forth my objections, to avoid the RECORD a copy of a letter signed jointly by veto. Or it might be retained by the Presi- unnecessary litigation about the non-enact- myself and the Republican Leader, Mr. dent because he ‘‘pocketed’’ it. If the Presi- ment of the bill that results from my with- BOEHNER. It is addressed to President Obama. dent returns a parchment to the Congress, holding approval and to leave no doubt that In it, we express our views on the limits of the then he has not pocketed it, and it therefore the bill is being vetoed.’’ The circumstances surrounding the pre- ‘‘pocket-veto’’ power. I also submit a copy of is subject to reconsideration. Either the Con- gress has prevented the President from re- sentment and return of H.R. 1585 and the the letters referenced therein. turning the parchment with a statement of readiness of Congress to reconsider the bill CONGRESS OF THE UNITED STATES, his objections or it has not. By returning the in light of Presidential objections compel us HOUSE OF REPRESENTATIVES, parchment a President is admitting that he to question the assertion that a pocket veto May 24, 2010. is not prevented from returning it. did or could have occurred. We think you Hon. BARACK OBAMA, The House has treated your message of De- agree that the pocket veto and the return The President, The White House, cember 30, 2009, on House Joint Resolution 64 veto are available on mutually exclusive Washington, DC. as a return veto. On January 12, 2010, the bases and, therefore, during mutually exclu- DEAR MR. PRESIDENT: This is in response to message—comprising the parchment and sive periods. We think you should also agree your actions of December 30, 2009, on House your memorandum of disapproval—was laid that the constitutional concern that a bill Joint Resolution 64, a short-term continuing before the House. After the memorandum not become law without the President’s sig- resolution of appropriations that was pre- was read, your objections were entered in the nature when an adjournment prevents a re- sented to you on December 19, 2009. That Journal and the House obeyed the command turn veto does not arise when the President measure was intended to accommodate your of the Constitution to ‘‘proceed to recon- is able to return the parchment to the origi- review and approval of the regular appropria- sider’’ the joint resolution. Rather than im- nating House with a statement of his objec- tions but was rendered unnecessary when mediately considering the ultimate question tions. Accordingly, we believe that your re- you were able to act swiftly on the regular of overriding or sustaining the veto, the turn of H.R. 1585 with your objections is ab- appropriations. You therefore decided not to House chose as its first mode of reconsider- solutely inconsistent with this most essen- approve the joint resolution. Although you ation a postponement until January 13, 2010. tial characteristic of a pocket veto, to wit: cited The Pocket Veto Case, 279 U.S. 655 On that day the House reconsidered the joint retention of the parchment by the President (1929), you returned the parchment to the resolution in light of your objections and for lack of any body to whom he might re- House with a memorandum of disapproval voted by the yeas and nays on the question turn it with his objections. Your successful stating that you wanted to leave no doubt of overriding or sustaining the veto. The return of H.R. 1585 establishes that you were that the joint resolution was being vetoed as House sustained your return veto. not prevented from returning it. unnecessary. We enclose for your consideration copies of H.R. 1585 was presented to you on Decem- You acted on the joint resolution on the previous letters to President George H. W. ber 19, 2007. You returned the bill on Decem- ninth day of the 10-day period during which Bush, to President Clinton, and to President ber 28, 2007—the eighth of the ten days al- you could approve it. The standing rules of George W. Bush, respectively dated Novem- lowed under the Constitution. The Clerk was the House made the Clerk available to re- ber 21, 1989, September 7, 2000, and April 14, available pursuant to the standing rules of ceive your message. The House and Senate 2008. Those letters from Speaker Foley and the House to receive your message. The Con- stood adjourned sine die but with provision Leader Michel, from Speaker Hastert and gress was in a position to reconsider the bill for reassembly of the first session and with Leader Gephardt, and from the two under- in light of Presidential objections, even in the certainty of reassembly for the second signed, respectively, expressed the profound the first session of the instant Congress. Al- session of the instant Congress. Thus, each concern of the bipartisan leaderships over though the House had adjourned sine die body was in a position to reconsider the ve- similar assertions of pocket vetoes. We echo (without specifying a day of return), it did so toed measure in light of your objections, ei- those concerns and urge you to give appro- with provision for its reassembly. Moreover, ther in the second session or even in the first priate deference to such judicial resolutions both houses were to reassemble in due course session. of this question as have been possible. for a second session of the instant Congress. The circumstances surrounding the pre- Thank you for your attention to this mat- After an enrolled bill is presented for Pres- sentment and return of House Joint Resolu- ter. idential approval, the parchment ultimately tion 64 and the readiness of Congress to re- Best regards, meets one of four ends. It might be tendered consider the joint resolution in light of Pres- NANCY PELOSI, to the Archivist by the President because he idential objections compel us to question the Speaker of the House. signed it or allowed it to become law without assertion that a pocket veto did or could JOHN A. BOEHNER, his signature. It might be referred to com- have occurred. We think you agree that the Republican Leader. mittee by the first house to sustain a veto. It pocket veto and the return veto are available might be tendered to the Archivist by the on mutually exclusive bases and, therefore, CONGRESS OF THE UNITED STATES, second house to override a veto. Or it might during mutually exclusive periods. We think Washington, DC, April 14, 2008. be retained by the President because he you also should agree that the constitutional Hon. GEORGE W. BUSH, ‘‘pocketed’’ it. If the President returns a concern that a measure not become law The President, The White House, parchment to the Congress, then he has not without the President’s signature when an Washington, DC. pocketed it, and it therefore is subject to re- adjournment prevents a return veto does not DEAR MR. PRESIDENT: This is in response to consideration. Either the Congress has pre- arise when the President is able to return your actions of December 28, 2007, on H.R. vented the President from returning the the parchment to the originating House with 1585, the National Defense Authorization Act parchment with a statement of his objec- a statement of his objections. Accordingly, for Fiscal Year 2008, which you returned to tions or it has not. By returning the parch- we believe that your return of House Joint the House of Representatives without your ment a President is admitting that he is not Resolution 64 with your objections is abso- approval. In returning the parchment you prevented from returning it. lutely inconsistent with this most essential transmitted a memorandum of disapproval The House has treated your message of De- characteristic of a pocket veto, to wit: reten- stating your objections to enactment of the cember 28, 2007, on H.R. 1585 as a return veto. tion of the parchment by the President for bill. This memorandum of disapproval in- On January 15, 2008, the message—com- lack of a legislative body to whom he might cluded the following paragraph: prising the parchment and your memo- return it with his objections. Your successful ‘‘The adjournment of the Congress has pre- randum of disapproval—was laid before the return of House Joint Resolution 64 estab- vented my return of H.R. 1585 within the House. After the memorandum was read, lishes that you were not prevented from re- meaning of Article I, section 7, clause 2 of your objections were entered in the Journal turning it. the Constitution. Accordingly, my with- and the House obeyed the command of the

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

VerDate Mar 15 2010 05:38 May 27, 2010 Jkt 089060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A26MY8.049 E26MYPT1 tjames on DSKG8SOYB1PROD with REMARKS E942 CONGRESSIONAL RECORD — Extensions of Remarks May 26, 2010 Constitution to ‘‘proceed to reconsider’’ the bipartisan leaderships over the assertion of a In Kennedy v. Sampson, the United States bill. Rather than immediately considering pocket veto during an intrasession adjourn- Court of Appeals held that ‘‘pocket veto’’ is the ultimate question on overriding or sus- ment. That letter states in pertinent part not constitutionally available during an taining the veto, the House chose as its first that ‘‘[s]uccessive Presidential administra- intrasession adjournment of the Congress if mode of reconsideration a referral to com- tions since 1974 have, in accommodation of a congressional agent is appointed to receive mittee. Kennedy v. Sampson, exercised the veto veto messages from the President during We enclose for your consideration copies of power during intrasession adjournments only such adjournment. 511 F.2d 430 (D.C. Cir. previous letters to President George H. W. by messages returning measures to the Con- 1974). In the standing rules of the House, the Bush and President Clinton, respectively gress.’’ It also states our belief that it is not Clerk is duly authorized to receive messages dated November 21, 1989, and September 7, ‘‘constructive to resurrect constitutional from the President at any time that the 2000. Those letters from Speaker Foley and controversies long considered as settled, es- House is not in session. (Clause 5, Rule III, Leader Michel and from Speaker Hastert and pecially without notice or consultation.’’ Rules of the House of Representatives; House Leader Gephardt expressed the profound con- The Congress, on numerous occasions, has Resolution 5, 101st Congress, January 3, cern of the bipartisan leaderships over simi- reinforced the stance taken in that letter by 1989.) lar assertions of pocket vetoes. We echo including in certain resolutions of adjourn- Successive Presidential administrations those concerns and urge you to give appro- ment language affirming to the President since 1974 have, in accommodation of Ken- priate deference to such judicial resolutions the absence of ‘‘pocket veto’’ authority dur- nedy v. Sampson, exercised the veto power of this question as have been possible. ing adjournments between its first and sec- during intrasession adjournments only by ond sessions. The House and the Senate con- Thank you for your attention to this mat- messages returning measures to the Con- tinue to designate the Clerk of the House ter. gress. and the Secretary of the Senate, respec- Best regards, We therefore find your assertion of a pock- tively, as their agents to receive messages NANCY PELOSI, et veto power during an intrasession ad- Speaker of the House. from the President during periods of ad- journment. Clause 2(h) of rule II, Rules of journment extremely troublesome. We do JOHN A. BOEHNER, not think it constructive to resurrect con- Republican Leader. the House of Representatives; House Resolu- tion 5, 106th Congress, January 6, 1999; the stitutional controversies long considered as settled, especially without notice of con- CONGRESS OF THE UNITED STATES, standing order of the Senate of January 6, 1999. In Kennedy v. Sampson, 511 F.2d 430 sultation. It is our hope that you might join HOUSE OF REPRESENTATIVES, us in urging the Archivist to assign a public Washington, DC, September 7, 2000. (D.C. Cir. 1974), the court held that the ‘‘pocket veto’’ is not constitutionally avail- law number to House Joint Resolution 390, Hon. WILLIAM J. CLINTON, and that you might eschew the notion of an The President, The White House, able during an intrasession adjournment of the Congress if a congressional agent is ap- intrasession pocket veto power, in appro- Washington, DC. priate deference to the judicial resolution of DEAR MR. PRESIDENT: This is in response to pointed to receive veto messages from the that question. your actions on H.R. 4810, the Marriage Tax President during such adjournment. Sincerely, Relief Reconciliation Act of 2000, and H.R. 8, On these premises we find your assertion of THOMAS S. FOLEY, the Death Tax Elimination Act of 2000. On a pocket veto power during an intrasession Speaker. August 5, 2000, you returned H.R. 4810 to the adjournment extremely troublesome. Such ROBERT H. MICHEL, House of Representatives without your ap- assertions should be avoided, in appropriate Republican Leader. proval and with a message stating your ob- deference to such judicial resolution of the jections to its enactment. On August 31, 2000, question as has been possible within the you returned H.R. 8 to the House of Rep- bounds of justifiability. f Meanwhile, citing the precedent of Janu- resentatives without your approval and with ary 23, 1990, relating to H.R. 2712 of the 101st HONORING THE AMBASSADOR OF a message stating your objections to its en- Congress, the House yesterday treated both UKRAINE OLEH SHAMSHUR actment. In addition, however, in both cases H.R. 4810 and H.R. 8 as having been returned you included near the end of your message to the originating House, their respective re- the following: turns not having been prevented by an ad- HON. JIM GERLACH Since the adjournment of the Congress has journment within the meaning of article I, OF PENNSYLVANIA prevented my return of [the respective bill] section 7, clause 2 of the Constitution. within the meaning of Article I, section 7, IN THE HOUSE OF REPRESENTATIVES Sincerely, clause 2 of the Constitution, my withholding J. DENNIS HASTERT, Wednesday, May 26, 2010 of approval from the bill precludes its be- Speaker. coming law. The Pocket Veto Case, 279 U.S. Mr. GERLACH. Madam Speaker, I rise RICHARD A. GEPHARDT, 655 (1929). In addition to withholding my sig- today to honor Oleh Shamshur for his distin- Democratic Leader. nature and thereby invoking my constitu- guished service as Ambassador Extraordinary tional power to ‘‘pocket veto’’ bills during an CONGRESS OF THE UNITED STATES, and Plenipotentiary of Ukraine to the United adjournment of the Congress, to avoid litiga- Washington, DC, November 21, 1989. States. tion, I am also sending [the respective bill] Hon. GEORGE BUSH, Since his appointment in December 2005, to the House of Representatives with my ob- President of the United States, The White Ambassador Shamshur has worked tirelessly jections, to leave no possible doubt that I House, Washington, DC. have vetoed the measure. and effectively to strengthen the strategic part- DEAR MR. PRESIDENT: This is in response to nership between Ukraine and the United President Bush similarly asserted a pock- your action on House Joint Resolution 390. et-veto authority during an intersession ad- On August 16, 1989, you issued a memo- States. As Co-Chairman of the Congressional journment with respect to H.R. 2712 of the randum of disapproval asserting that you Ukrainian Caucus, I have had the honor of 101st Congress but, by nevertheless returning would ‘‘prevent H.J. Res. 390 from becoming partnering with him on issues affecting the enrollment, similarly permitted the Con- a law by withholding (your) signature from Ukraine as well as the Ukrainian American gress to reconsider it in light of his objec- it.’’ You did not return the bill to the House tions, as contemplated by the Constitution. community in Southeastern Pennsylvania. of Representatives. Specifically, Ambassador Shamshur played Your allusion to the existence of a pocket- House Joint Resolution 390 authorized a veto power during even an intrasession ad- ‘‘hand enrollment’’ of H.R. 1278, the Finan- an important role in the lifting the Jackson- journment continues to be most troubling. cial Institutions Reform, Recovery, and En- Vanick trade restrictions, which has benefitted We find that assertion to be inconsistent forcement Act of 1989, by waiving the re- the U.S. and Ukraine by opening new markets with the return-veto that it accompanies. We quirement that the bill be printed on parch- and expanded opportunities for entrepreneurs also find that assertion to be inconsistent ment. The hand enrollment option was re- and job creators in both nations. with your previous use of the return-veto quested by the Department of the Treasury This month, Ambassador Shamshur will be under similar circumstances but without to insure that the mounting daily costs of leaving his post to pursue new opportunities of similar dictum concerning the pocket-veto. the savings-and-loan crisis could be stemmed On January 9, 1996, you stated your dis- by the earliest practicable enactment of H.R. his own. Friends and colleagues will honor his approval of H.R. 4 of the 104th Congress and, 1278. In the end, a hand enrollment was not accomplishments during a dinner on May 26, on January 10, 1996—the tenth Constitu- necessary since the bill was printed on 2010 at the Metropolitan Club of the City of tional day after its presentment—returned parchment in time to be presented to you in Washington. the bill to the Clerk of the House. At the that form. Madam Speaker, I ask that my colleagues time, the House stood adjourned to a date We appreciate your judgment that House join me today in recognizing Ambassador Oleh certain 12 days hence. Your message included Joint Resolution 390 was, in the end, unnec- Shamshur for his exemplary service and valu- no dictum concerning the pocket-veto. essary. We believe, however, that you should We enclose a copy of a letter dated Novem- communicate any such veto by a message re- able contributions to strengthening the ties be- ber 21, 1989, from Speaker Foley and Minor- turning the resolution to the Congress since tween the United States and Ukraine and in ity Leader Michel to President Bush. That the intrasession pocket veto is constitu- extending best wishes for continued success letter expressed the profound concern of the tionally infirm. in his future endeavors.

VerDate Mar 15 2010 05:38 May 27, 2010 Jkt 089060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\A26MY8.049 E26MYPT1 tjames on DSKG8SOYB1PROD with REMARKS May 26, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E943 HONORING THE MARINES AND Commander Donald Gaither, a founder of the and youth sports activities where she has vol- CORPSMEN OF THE 3RD BAT- elite Navy SEALs, for his 27 years of service unteered her time. I am honored to call Robin TALION, 25TH MARINES INFAN- in the U.S. Navy. a friend and I look forward to seeing what her TRY REGIMENT ON MEMORIAL Commander Gaither was a native Hoosier future in public service brings to our commu- DAY and one we are all proud of. Commander nity. Gaither was born in Daviess County, Indiana Madam Speaker, please join me in recog- HON. ERIC CANTOR and graduated from Washington High School nizing Robin Arrendondo-Savage’s induction OF VIRGINIA in 1937. While serving on his first submarine, as a member of the Tempe City Council. IN THE HOUSE OF REPRESENTATIVES the USS Swordfish, the submarine engine room was damaged during battle. In perform- f Wednesday, May 26, 2010 ance of his duties as chief motor machinist, he UNITED STATES-ISRAEL ROCKET Mr. CANTOR. Madam Speaker, I rise today was awarded the Silver Star medal for distin- AND MISSLE DEFENSE COOPERA- to honor those who have answered the call of guished submarine service. TION AND SUPPORT ACT duty for their country and made the ultimate Commander Gaither’s U.S. Navy career sacrifice. I would like to call on everyone to re- continued to be characterized by strong lead- SPEECH OF flect this Memorial Day on those service mem- ership and consistent work. As he rose bers who have sacrificed their lives for this through the ranks from apprentice seaman to HON. HENRY A. WAXMAN country and the family members who were left commander, he was highly regarded by those OF CALIFORNIA behind. who worked under him. During his time in the IN THE HOUSE OF REPRESENTATIVES I would like to honor my constituent, Nathan Navy, Commander Gaither served as an exec- Wednesday, May 19, 2010 Huffman, USMC Sgt. Ret., and other Marine utive officer in Underwater Demolitions, a pre- Reservists from the 3rd Battalion, 25th Ma- cursor to the Navy SEALs. After the Korean Mr. WAXMAN. Madam Speaker. I rise in rines Infantry Regiment and fellow Corpsmen, War, Congress considered eliminating the Un- strong support of H.R. 5327, a bill authorizing who served their country honorably from derwater Demolitions Program. Commander critical funding to ensure Israel’s security. Ever March 2005 to October 2005 in Al Anbar Prov- Gaither came to Congress and persuaded since President Kennedy first approved the ince during Operation Iraqi Freedom. This Me- Congress to keep the program. The Under- sale of Hawk missiles to Israel in 1962, U.S.- morial Day, Sgt. Huffman has organized a Me- water Demolitions Program was later ex- Israel cooperation on defensive missile sys- morial Day Ultra Marathon in honor of their 48 panded into the Navy SEALs, making Com- tems has developed into a productive strategic fallen Marines and Corpsmen who perished mander Gaither one of the founding fathers of partnership that safeguards the security of our during their service in Iraq, and the many the Navy SEALs. ally Israel while advancing our own military other service members who have given their Commander Gaither’s success in the Navy edge. lives while serving our country. is a tribute to what hard work and determina- Iron Dome, the program supported by this Sgt. Huffman will depart the Virginia War tion can accomplish. Commander Gaither bill, is a system of anti-missile batteries capa- Memorial in Richmond, Virginia along with spent countless hours studying and preparing ble of intercepting the short- and medium- many of his fellow Marines, Corpsmen, for each Navy promotion he received. His range Qassam, Katyusha, and Grad rockets friends, and supporters and run day and night work ethic was only matched by his strong that have been used by Hamas and Hezbollah to cover the over 100-mile journey which will leadership skills. Although Commander to terrorize Northern and Southern Israel. end at the U.S. Marine Corps War Memorial. Gaither died of natural causes post-retirement, The successful testing of the first two oper- The purpose of this ultra marathon from Rich- his 27 years of service through three wars ational batteries earlier this year demonstrated mond to Washington, D.C. is to commemorate represent a lifetime commitment to serving our the system’s ability to revolutionize Israel’s the core values of Memorial Day and honor country. ability to defend against these attacks. The bill the fallen. In the words of Staff Sergeant Jo- Today, I ask all members of Congress to before us authorizes $205 million for Israel to seph Goodrich on his reflection of Memorial join me as we honor the life of Commander build and deploy 10 more mobile batteries that Day, ‘‘I started looking at all of the headstones Donald Gaither of the U.S. Navy, an accom- will be available for rapid deployment wher- with flags in front of them. I started thinking plished war veteran who courageously served ever and whenever needed. And it is impor- about who they were, how they lived, how to better the lives of all American citizens. tant to note that our own military stands to benefit from the advanced radar and other they died and what they did for me . . . I f swore to myself that I would not let them technologies that are components of this sys- down. They sacrificed, and gave to me some- RECOGNIZING ROBIN ARRENDON- tem. thing I could never repay; freedom.’’ Sgt. DO-SAVAGE’S INDUCTION AS A During its 34-day war with Israel in 2006, Goodrich was killed in Iraq on July 10, 2005. MEMBER OF THE TEMPE CITY the Iranian-backed Hezbollah movement un- Madam Speaker, I rise today to honor the COUNCIL leashed nearly 4,000 rockets against Northern memory of the many courageous men and Israel. In the 5 years following Israel’s com- women who have given their lives in the serv- HON. HARRY E. MITCHELL plete withdrawal from Gaza in 2005, Hamas ice of our great Nation, and their widows, OF ARIZONA has unleashed 6,000 rockets on Southern mothers, fathers, sons, and daughters who are IN THE HOUSE OF REPRESENTATIVES Israel. Until now, Israel has had no defenses against such weapons. left behind. They have not given their lives in Wednesday, May 26, 2010 vain—rather they have offered their valor and The Obama administration deserves tre- dedication to a grateful Nation. Sgt. Huffman Mr. MITCHELL. Madam Speaker, I rise mendous credit for this initiative and its hands- and his fellow runners have heard and an- today to congratulate Robin Arrendondo-Sav- on efforts to advance Israel’s defensive capa- swered a second call of duty to remind our age on her recent induction as a member of bility at a critical time. Nation to never forget the fallen, the wounded, the Tempe City Council. It is no secret that Hezbollah and Hamas and loved ones who have lost their heroes. Robin is a lifelong resident of my hometown are rebuilding their arsenals. Hezbollah is be- Please join me in recognizing their efforts and of Tempe who has always been actively in- lieved to have rearmed with some 45,000 those of our brave troops and let us never for- volved in our community. Previously the Chair- rockets and missiles, including Scud missiles get their sacrifices. man of the Tempe Chamber of Commerce and other weapons that can hit Tel Aviv or Je- and a small business manager, she has rusalem. Iran continues smuggling weapons f shown a commitment to the development of material to Hamas via Egypt. HONORING COMMANDER DONALD jobs and the growth of the economy in Tempe. It is also no secret that Iran has in the past GAITHER Through this and her position as the President used its terrorist proxies in Lebanon and Gaza of the Tempe Union High School District Gov- to provoke Israel and divert international atten- HON. BRAD ELLSWORTH erning Board, Robin has proven herself to be tion from its nuclear program and its defiance OF INDIANA a strong and dedicated leader and public serv- of international law. The 2006 Lebanon war, IN THE HOUSE OF REPRESENTATIVES ant for her community and its youth. which was precipitated by Hezbollah’s kidnap- Robin is also a U.S. Army veteran who ping of three Israeli soldiers, happened just as Wednesday, May 26, 2010 served our nation with distinction. She has the IAEA was recommending that the United Mr. ELLSWORTH. Madam Speaker, I rise shown that same commitment and dedication Nations demand that Iran suspend all enrich- today to pay honor and tribute to the late in the many community boards, commissions ment-related and reprocessing activities.

VerDate Mar 15 2010 05:38 May 27, 2010 Jkt 089060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\K26MY8.002 E26MYPT1 tjames on DSKG8SOYB1PROD with REMARKS E944 CONGRESSIONAL RECORD — Extensions of Remarks May 26, 2010 This investment to upgrade Israel’s security often mentioned as a potential U.S. Supreme PERSONAL EXPLANATION is essential as the administration and Con- Court nominee. gress intensify efforts to pressure Iran with In 1994, Judge Starr was appointed inde- sanctions. pendent counsel to continue the investigation HON. DONALD A. MANZULLO I urge my colleagues to support this meas- into the Whitewater land transactions begun OF ILLINOIS ure. I look forward to the full deployment of by Robert Fiske. He was charged with inves- Iron Dome, and I hope that the region moves tigating several allegations connected to Presi- IN THE HOUSE OF REPRESENTATIVES toward a peaceful future that will obviate its dent Clinton, eventually issuing a report on Wednesday, May 26, 2010 need. President Clinton’s intentional cover-up in the f Monica Lewinsky case, which led to the Presi- Mr. MANZULLO. Madam Speaker, on Mon- dent’s impeachment. day, May 24, 2010, and Tuesday, May 25, RECOGNIZING TONYA WOODS FOR On April 6, 2004, Judge Starr was ap- 2010, I missed a series of votes because I HER COMMITMENT TO STUDENTS pointed dean of Pepperdine University’s was recovering from an illness. If I had been AND EDUCATION IN THE STATE School of Law—the second time the post was here, I would have voted ‘‘yea’’ on rollcall No. OF ARKANSAS offered. 291, ‘‘yea’’ on rollcall No. 292, ‘‘yea’’ on rollcall During the Whitewater investigation and im- No. 293, ‘‘yea’’ on rollcall No. 294, ‘‘yea’’ on HON. JOHN BOOZMAN peachment hearings, Judge Starr was painted rollcall No. 295, ‘‘yea’’ on rollcall No. 296, OF ARKANSAS by his enemies and the media as a wild-eyed ‘‘yea’’ on rollcall No. 297, ‘‘yea’’ on rollcall No. IN THE HOUSE OF REPRESENTATIVES zealot whose only goal was to bring down the 298, ‘‘yes’’ on rollcall No. 299, ‘‘yea’’ on rollcall No. 300, and ‘‘yea’’ on rollcall No. 301. Wednesday, May 26, 2010 presidency. The Judge Starr I know, and the Judge Starr history will record, is a soft-spo- Mr. BOOZMAN. Madam Speaker, I rise ken and intelligent attorney and judge whose f today to recognize Tonya Woods, for her only goal has always been to serve the law. CONGRATULATING APPALACHIAN achievement of being named the Arkansas El- For the past 6 years, he has inspired young REGIONAL HEALTHCARE ementary School Assistant Principal of the legal minds at Pepperdine University to em- Year for her work at T.G. Smith Elementary brace that goal as well. Beginning June 1, he School in Springdale. will inspire young minds at Baylor. Woods is a graduate of John Brown Univer- HON. HAROLD ROGERS Madam Speaker, I know my colleagues will sity and earned her master’s from the Univer- join me in congratulating Judge Starr for his OF KENTUCKY sity of Arkansas in Fayetteville. She is looking appointment as president of Baylor University to continue her education, and is now inter- IN THE HOUSE OF REPRESENTATIVES and in thanking him for his dedication to our viewing for a Ph.D. program. up-and-coming leaders, for his contribution to Wednesday, May 26, 2010 Woods has been committed to education as the legal community, and for his long and dis- an administrator for the past 5 years at Smith Mr. ROGERS of Kentucky. Madam Speaker, tinguished service to our country. Elementary. Her hard work and commitment to I rise today to congratulate Appalachian Re- students serves as an inspiration to her co- gional Healthcare for being honored as the workers. f 2010 Outstanding Rural Health Organization Woods is constantly looking for creative RECOGNIZING THE 65TH ANNIVER- by the National Rural Health Association. ways to improve the lives of her students and SARY OF THE SKY HARBOR COM- Appalachian Regional Healthcare, ARH, is a that is why she received this honor. Her efforts POSITE SQUADRON 301 OF THE not-for-profit health system which is the largest have brought innovative resources to the CIVIL AIR PATROL provider of care and single largest employer in school through promoting technology in the southeastern Kentucky. Throughout its nine classroom, establishing a homework club that HON. HARRY E. MITCHELL hospitals, as well as in multi-specialty physi- encourages children to excel in their studies cian practices, home health agencies, OF ARIZONA and overseeing a program aimed at preparing HomeCare Stores and retail pharmacies, ARH students for the Arkansas Benchmark exams. IN THE HOUSE OF REPRESENTATIVES provides our region with crucial quality health It is the efforts of educators like Tonya Wednesday, May 26, 2010 care to 350,000 residents across eastern Ken- Woods that will enable our future generations tucky and southern West Virginia. The ARH to reach their full potential and I am proud of Mr. MITCHELL. Madam Speaker, I rise today to commemorate the 65th anniversary of system employs 4,700 employees who are her commitment to education and her efforts firmly committed to its mission of improving to improve the lives of students in Arkansas. the Sky Harbor Composite Squadron 301 of the Civil Air Patrol. The Squadron has been a the health and promoting the well-being of all f prominent pillar within the Phoenix community people in eastern Kentucky and Southern IN TRIBUTE TO KEN STARR since its inception in 1945 when it aided in the West Virginia. For ARH, providing quality and war effort in World War II. affordable coverage is the utmost priority. In the past 12 months, ARH provided more than Originally, the Civil Air Patrol was estab- HON. ELTON GALLEGLY $107 million in uncompensated care for the lished to employ civilian pilots during wartime OF CALIFORNIA uninsured and underinsured. IN THE HOUSE OF REPRESENTATIVES to watch over the coastlines for possible enemy threats. After the war, the Civil Air Pa- Each year, the National Rural Health Asso- Wednesday, May 26, 2010 trol evolved into an organization which delivers ciation honors outstanding individuals and or- Mr. GALLEGLY. Madam Speaker, I rise in humanitarian aid and engages in search and ganizations in the field of rural health. The tribute to my friend, Ken Starr, who is leaving rescue missions. Though the focus has Outstanding Rural Health Organization Award his post overlooking Malibu, California, and changed, the legacy of benevolence still en- recognizes any group or organization that has the Pacific Ocean as dean of Pepperdine Uni- dures today. improved access to health services and infor- versity’s School of Law to return to his native Sky Harbor Composite Squadron 301 also mation for people in rural areas through inno- Texas as Baylor University’s 14th president. gives young men and women the opportunity vative, comprehensive approaches. Factors Judge Starr has had a long and storied ca- to learn more about aerospace science. In ad- considered for the award include outreach, reer. After graduating law school, he became dition to acquiring the necessary knowledge preventative health and education, quality and a clerk for then-Chief Justice Warren Burger. and skills for the aerospace field, the people efficiency of care, and strong community sup- He left Justice Burger to work as an attorney that make up Sky Harbor Composite Squad- port and involvement. in Los Angeles for several years before return- ron 301 volunteer and serve the community of Madam Speaker, I ask my colleagues to join ing to Washington, DC, in 1981 to serve under Phoenix with valor. me in congratulating this bright star in my re- U.S. Attorney General William French Smith. Madam Speaker, please join me in recog- gion. The Board of Trustees, and the fine doc- Judge Starr was a federal judge on the D.C. nizing the Sky Harbor Composite Squadron tors, nurses and staff of ARH should be very Circuit Court of Appeals from 1983 to 1989 301 of the Civil Air Patrol’s 65 years of out- proud of their accomplishment and recognition and was U.S. Solicitor General from 1989 to standing service and expressing gratitude to of their unwavering efforts to provide quality 1993. While on the bench, Judge Starr won all of the volunteers that have dedicated their health care to working families, children, and the respect of both political parties. He was time in service to others. seniors.

VerDate Mar 15 2010 05:38 May 27, 2010 Jkt 089060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\A26MY8.001 E26MYPT1 tjames on DSKG8SOYB1PROD with REMARKS May 26, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E945 MARINA PSHICHENKO Azeri Jews have always been well treated and RECOGNIZING BEN ARRENDONDO, never subject to the types of discrimination RETIRING MEMBER OF THE HON. ED PERLMUTTER and hostility that confronted Jews, not just in TEMPE CITY COUNCIL OF COLORADO Muslim nations, but the Christian nations of IN THE HOUSE OF REPRESENTATIVES Europe. HON. HARRY E. MITCHELL Israel and Azerbaijan established diplomatic OF ARIZONA Wednesday, May 26, 2010 relations in 1993, and Israel opened an Em- IN THE HOUSE OF REPRESENTATIVES Mr. PERLMUTTER. Madam Speaker, I rise bassy in Baku one year later. Cultural ties also today to recognize and applaud Marina increased at this time. In 1994, a Yeshiva was Wednesday, May 26, 2010 Pshichenko who has received the Arvada opened in Baku, and other Jewish schools es- Mr. MITCHELL. Madam Speaker, I rise Wheat Ridge Service Ambassadors for Youth tablished years later. A new Jewish syna- today in recognition of Ben Arrendondo and award. Marina Pshichenko is a 12th grader at gogue, one of the largest, if not the largest in his 16 years of service as a member of the Arvada High School and received this award Europe, opened in Baku in 1993 and currently Tempe City Council. I wish to thank him for because her determination and hard work there are synagogues in several other Azeri his dedication to public service and look for- have allowed her to overcome adversities. cities. ward to seeing his future accomplishments The dedication demonstrated by Marina Prominent Israeli visitors to Baku have in- within our community. Pshichenko is exemplary of the type of cluded then-Prime Minister Benjamin Councilmember Arrendondo’s contribution to achievement that can be attained with hard Netanyahu in 1997, President Shimon Peres Tempe has been both earnest and extensive. work and perseverance. It is essential stu- in June, 2009 and in 2010 Foreign Minister His years of teaching and service on school dents at all levels strive to make the most of Avigdor Lieberman. Israeli trade, diplomatic boards and the City Council have revealed their education and develop a work ethic and cultural missions to Azerbaijan are com- him to be a fierce champion for improvement which will guide them for the rest of their lives. mon place, and Israel is Azerbaijan’s fifth larg- of education and commitment to our youth and I extend my deepest congratulations once est trading partner, exporting over $3.5 billion to the community. As a former teacher and again to Marina Pshichenko for winning the per year to Israel, including supplying over a Mayor of Tempe, I respect and share Ben’s Arvada Wheat Ridge Service Ambassadors for quarter of Israel’s oil supply. Israeli exports commitment to public service and education, Youth award. I have no doubt she will exhibit and direct investments in Azerbaijan are also and wish to thank him for his tireless efforts the same dedication and character to all her growing, creating strong economic ties be- and leadership. future accomplishments. tween the two nations. Though Ben will be retiring from the Tempe f On a political front, Israel and Azerbaijan City Council, his service to his community will cooperate closely on security issues. Israel surely continue in other capacities. Also, his AZERBAIJAN AND ISRAEL: GOOD supplies significant military equipment to Azer- family’s legacy of service to Tempe will con- FRIENDS UNDER SIEGE FROM baijan and Azerbaijan provides Israel with val- tinue through his niece, Robin Arrendondo- IRAN uable intelligence support, particularly regard- Savage, who was recently elected to the City ing Iran. The two nations also work together to Council. I am honored to call Ben a friend, HON. DANIEL B. MAFFEI combat the growth of radical Islam. and I wish him all the best in his next endeav- OF NEW YORK The close political, cultural, economic and or. IN THE HOUSE OF REPRESENTATIVES security relations between Israel and a major- Madam Speaker, please join me in recog- ity Shi’a but secular Azerbaijan present a Wednesday, May 26, 2010 nizing Ben Arrendondo’s 16 years of out- model that needs to be encouraged, cultivated standing service as a member of the Tempe Mr. MAFFEI. Madam Speaker, unfortu- and spread throughout the Muslim world. City Council. nately, good relations between the State of However, this will not happen by itself, and, f Israel and Muslim nations are the exception unless the United States begins to focus more rather than the rule. Everyone knows about on Azerbaijan’s importance in the region, the PERSONAL EXPLANATION the establishment of diplomatic relations be- very existence of this positive Azeri-Israeli re- tween Israel and Egypt as part of the Camp lationship could be put in jeopardy. HON. JAMES R. LANGEVIN ECORD David Accords, which led to the assassination I would like to include in the R a re- OF RHODE ISLAND of President Anwar Sadat of Egypt. Israel’s cent article from Radio Free Europe/Radio Lib- IN THE HOUSE OF REPRESENTATIVES neighbor, Jordan, Under King Hussein and his erty, published on March 9, 2010, ‘‘The son, King Abdullah II, have also developed Blooming Friendship Between Azerbaijan and Wednesday, May 26, 2010 good ties with Israel. Israel,’’ by Anna Zamejc. The article quotes Mr. LANGEVIN. Madam Speaker, on May More typical than Israeli-Egyptian or Israeli- Baku-born former Israeli Knesset member 25, 2010, I was unavoidably detained and un- Jordanian relations in the public’s eye is the Yosef Shagal on Azerbaijan’s friendship with able to be in the chamber for a Roll Call vote. poisonous relationship between Iran and Israel’’ ‘‘Today, everyone understands why Had I been present, I would have voted ‘‘yea’’ Israel, a situation fueled by the unrelenting Iran wants to block the Azerbaijani-Israeli rap- on Roll Call number 298, H.R. 3885, the Vet- hostility and anti-Semitism of Iranian President prochement by any means . . . It is one of erans Dog Training Therapy Act. Mahmoud Ahmadinejad and the Supreme the most important strategic priorities of the Is- f Leader, Grand Ayatollah Khamenei. lamic republic. Teheran is perfectly aware of Iran and its particular brand of Shi’ite Islam the following: the stronger the connection be- HONORING COMMUNITY HOPE ON seem particularly hostile toward Israel, which tween Baku and Jerusalem, the more weak- ITS 25TH ANNIVERSARY is understandably nervous not just about Iran’s ened Iran will be.’’ nuclear ambitions but its strong financial sup- Zamejc goes on to discuss the tremendous HON. RODNEY P. FRELINGHUYSEN port of Hezbollah and its terrorist activities pressure Iran is placing on Azerbaijan to cut OF NEW JERSEY right in Lebanon, the West Bank, and Gaza. its ties with Israel, pressure which is becoming IN THE HOUSE OF REPRESENTATIVES Given this situation, it would be surprising to more and more difficult to resist without strong most to learn that one of Israel’s strongest support from the West, particularly the United Wednesday, May 26, 2010 friends in the region is Azerbaijan, a former States. The United States has spent too much Mr. FRELINGHUYSEN. Madam Speaker, I Soviet Republic, with over a 90 percent Shi’ite blood, treasure and diplomatic capital trying to rise today to honor Community Hope, population that has adopted a secular style build peaceful relations between Israel and its headquartered in Parsippany, Morris County, completely opposed to Iran’s sectarian govern- Muslim neighbors for it to let this great exam- New Jersey, which celebrates its 25th anniver- ment. Azerbaijan has chosen a very different ple of success slip away. sary in 2010. path from that of its southern neighbor, even It is important that we pay greater attention In 1985, a group of mental health profes- though there are over 20 million ethnic Azeris to Azerbaijan for economic, strategic and se- sionals and families formed Community Hope living in Iran, including the Grand Ayatollah curity reasons, and in particular respond af- with the mission of providing a safe haven for himself, who is of Azeri descent. firmatively to Azerbaijan either when it cooper- the continuing recovery of young adults af- One possible explanation for Azerbaijan’s ates with the United States in these areas or flicted by chronic mental illness. The organiza- positive relationship with Israel is the presence demonstrates that a Muslim nation both can tion began with one residential facility, staffed of a strong Jewish community in Azerbaijan and should have positive relations with the by professional counselors capable of assist- for over 2,500 years. By all accounts, these State of Israel. ing individuals in making the transition back to

VerDate Mar 15 2010 05:38 May 27, 2010 Jkt 089060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A26MY8.006 E26MYPT1 tjames on DSKG8SOYB1PROD with REMARKS E946 CONGRESSIONAL RECORD — Extensions of Remarks May 26, 2010 community and family life. The founders of trafficking victims; Vietnamese refugees; rais- his accomplishments with the Boy Scouts of Community Hope strove to help these individ- ing awareness on human rights violations in America and for his efforts put forth in achiev- uals break the cycle of repeated psychiatric Vietnam; and preserving the Vietnamese lan- ing the highest distinction of Eagle Scout. hospitalizations with personalized therapeutic guage and culture. f care coupled with in-residence treatment. Please join me in recognizing these out- In 2004, Community Hope took advantage standing individuals that have enriched the HONORING THE ACCOMPLISH- of its experience with residential recovery pro- culture in my district, in Orange County. MENTS OF JOHNNY MAJORS grams and opened its doors to former service f men and women in need. It is now the largest HON. JOHN S. TANNER RECOGNIZING JORDAN ELEMEN- transitional housing program in New Jersey for OF TENNESSEE TARY FOR PARTICIPATION IN homeless veterans at Lyons Veterans Admin- IN THE HOUSE OF REPRESENTATIVES istration Medical Center in Bernards Township. THE WALK ON! CHALLENGE Community Hope has been extraordinarily Wednesday, May 26, 2010 successful in helping young men and women HON. HARRY E. MITCHELL Mr. TANNER. Madam Speaker, I rise today afflicted with chronic mental illness—it now OF ARIZONA alongside our colleague Mr. SHULER, to recog- boasts thirty-nine residential facilities, serving IN THE HOUSE OF REPRESENTATIVES nize the lifetime accomplishments of our 300 individuals. The organization has also Wednesday, May 26, 2010 friend, former University of Tennessee football taken steps toward creating permanent, afford- coach Johnny Majors. able housing for New Jersey veterans afflicted Mr. MITCHELL. Madam Speaker, I rise Johnny is from a remarkable football family with post-traumatic stress syndrome, traumatic today to recognize the grant awarded to Jor- in Lynchburg, Tennessee. His father Shirley brain injury, and physical disabilities incurred dan Elementary in Chandler, Arizona for Blue was the patriarch of a family of Tennessee in combat. Cross Blue Shield of Arizona’s 2010 Walk On! football royalty. He was the head coach at Community Hope’s success is due in no Challenge. I wish to applaud the students, Sewanee, the University of the South, for 21 small part to its philosophy. The organization teachers and staff of Jordan Elementary for years and had five sons who played college believes all persons with serious mental illness their enthusiastic participation in the Walk On! football. have the potential to live successfully in the Challenge. Johnny and his brother Joe played high community if they are able to view their future The Walk On! Challenge increases the school football for the Huntland Hornets, with hope. Through a holistic approach that knowledge of both the issue of childhood obe- where their father coached, and their sister addresses each individual’s total needs, the sity and the necessity for exercise and good Shirley-Ann was a cheerleader. The team won counselors at Community Hope instill con- health in our youth. As a teacher for almost 28 the state championship in 1951. Johnny, along fidence in these young men and women, en- years, I understand the importance of ad- with two of his brothers, Bill and Bob, would couraging each individual to grow to his or her dressing these issues through a hands-on ap- all go on to play for my alma mater, the Uni- maximum potential, both individually and so- proach. versity of Tennessee. His brother Larry played cially. By applying for and receiving this grant, and for the University of the South at Sewanee. Madam Speaker, I ask you and my col- participating in this program, Jordan Elemen- His brother, Joe Majors, a close friend of leagues to join me in congratulating Commu- tary and its educators have taken a significant mine, was the starting quarterback at Florida nity Hope on the occasion of its 25th anniver- step towards alerting our community to the State University and also played for the Uni- sary, celebrating years of service to those with problem of obesity and stimulating a positive versity of Alabama. He was an accomplished chronic mental illness and our veterans. response. Through their help, we can help in- attorney; a former member of the Tennessee still good habits for children that will lead to an f State House of Representatives, and a well- active and healthy lifestyle, and help to solve respected and popular figure on Capitol Hill. CELEBRATING ASIAN/PACIFIC the problem of obesity within our community. Everyone who had the pleasure to know him AMERICAN HERITAGE MONTH This is truly an inspiring and encouraging or work with him, as I did, was saddened initiative to undertake within the community, SPEECH OF when he passed away in 2007. and I would like to once again thank the entire Johnny Majors stayed with football all of his HON. LORETTA SANCHEZ Jordan Elementary community for addressing life. In college, he was a triple-threat tailback OF CALIFORNIA it. at the University of Tennessee. Johnny was IN THE HOUSE OF REPRESENTATIVES f an All-American and runner-up for the Tuesday, May 25, 2010 CHRISTOPHER K. LYNCH Heisman Trophy in 1956. He played for the Ms. LORETTA SANCHEZ of California. Mr. Montreal Alouettes of the Canadian Football Speaker, I would like to recognize a distin- HON. SAM GRAVES League for one year and then moved on to several coaching positions. guished couple that exemplifies the ideals of OF MISSOURI Johnny was head football coach for the Asian Pacific Islander American, APIA, Month, IN THE HOUSE OF REPRESENTATIVES Mr. Truc Ho and his wife, Ms. Dieu Quyen. Iowa State University Cyclones for five sea- Wednesday, May 26, 2010 Truc Ho and Dieu Quyen have made tremen- sons before taking over the football program dous contributions to Orange County, in par- Mr. GRAVES. Madam Speaker, I proudly at the University of Pittsburgh, where he ticular to the Vietnamese American commu- pause to recognize Christopher K. Lynch. helped win the National Championship with nity. Christopher is a very special young man who the Pittsburgh Panthers in 1976 and was hon- As a refugee, Truc Ho escaped communist has exemplified the finest qualities of citizen- ored as the National Coach of the Year. Vietnam, arriving to the United States in 1981. ship and leadership by taking an active part in Luckily for our alma mater, Johnny Majors He is a talented songwriter, composer, and a the Boy Scouts of America, Troop 205, and decided to return to the University of Ten- successful producer. His music and humani- earning the most prestigious award of Eagle nessee in 1977. While there, he reached re- tarian efforts have touched the hearts of the Scout. markable success in the 1980s and early Vietnamese communities around the world. Christopher has been very active with his 1990s by winning three SEC Champion- Truc is also the CEO of Saigon Broadcasting troop, participating in many scout activities. ships—in 1985, 1989 and again in 1990. His TV Network, the first 24 hour Vietnamese lan- Over the many years Christopher has been in- time there included one particularly noteworthy guage channel. volved with scouting, he has not only earned season in 1989, when the Majors-led Vols fol- Ms. Dieu Quyen Nguyen immigrated to the numerous merit badges, but also the respect lowed a 5–6 season with an 11–1 season, the United States in 1978 at the age of 14. She of his family, peers, and community. Most no- largest turnaround of the year. Johnny retired is a graduate from Cal State Long Beach and tably, Christopher has earned the 12-Month from NCAA coaching after the 1996 season. is a teacher at Pacifica High School in Garden Camper and World Conservation Awards. Over the years, Johnny Majors has been Grove. Dieu is a dedicated educator and com- Christopher has also contributed to his com- recognized as a self-less player and a capa- munity activist. She serves as a board mem- munity through his Eagle Scout project. Chris- ble, dedicated leader. He was admitted into ber for the Council of Vietnamese Language topher constructed several shelters located the College Football Hall of Fame in 1987, Schools, and is a television news anchor for around the athletic fields of First Bible Baptist where his biography reads, ‘‘Few who have SBTN–TV and ASIA Entertainment. Church of Blue Springs, Missouri. followed college football over the years will Together this dynamic duo is known for their Madam Speaker, I proudly ask you to join soon forget the gridiron magic created by a philanthropic contributions in helping human me in commending Christopher K. Lynch for certain skinny tailback. . . Even [his] name

VerDate Mar 15 2010 05:38 May 27, 2010 Jkt 089060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A26MY8.009 E26MYPT1 tjames on DSKG8SOYB1PROD with REMARKS May 26, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E947 had a special ring to it. It wasn’t Jones or ENHANCED VISITOR EXPERIENCE veterans. In fiscal year 2010, Congress in- Smith or Thompson. It was Majors. . .. In his FOR TOURISTS AT YOSEMITE creased funding by $15.3 billion over last senior year Majors led Tennessee to an NATIONAL PARK year’s level and $747 million above the admin- undefeated season, He ran, passed, punted, istration’s request. Congress and President and even blocked. He was one of college foot- HON. GEORGE RADANOVICH Obama also passed a law to fund veterans’ ball’s best punters.’’ OF CALIFORNIA medical care one year in advance to ensure Johnny and his wife Mary Lynn live in Knox- IN THE HOUSE OF REPRESENTATIVES timely and uninterrupted funding for veterans’ ville, where he is still known not only as a health care system. Wednesday, May 26, 2010 former player and coach but as a leader in the To support our active duty personnel, I sup- community. Mary Lynn, a remarkable and tal- Mr. RADANOVICH. Madam Speaker, I am ported a 3.4 percent military pay increase, a ented woman in her own right, and my wife pleased to introduce legislation today sup- $3 billion increase in funding for Defense Betty Ann have become friends over the last porting a project that provides an enhanced Health Programs, and a $3.46 billion increase few years. The Majors’ collective contribution visitor experience for tourists at Yosemite Na- for equipment in the field. to our state and nation are an inspiration to all tional Park and an additional administrative While I am pleased Congress is providing those who know them. site for employees outside the Park bound- One other thing: Coach Majors, as Presi- robust funding to care for our military and vet- aries. erans, much work remains to be done such as dent of the Nike Coach of the Year Clinic, has Yosemite is the crown jewel of the National promoted and assisted the United States Ma- ensuring increased resources for PTSD and Park System; each year over 3.5 million visi- other mental health issues, resolving the con- rine Corps in coaching clinics across America. tors travel to Yosemite to enjoy the scenic vis- Johnny Majors is a dedicated patriot. tinued backlogs of veterans’ claims, and con- tas, hiking, and Valley destinations. This pro- current receipt. Madam Speaker, I also want the House to posed legislation authorizes the National Park hear from our colleague, Mr. SHULER, who had Service to purchase up to 18 acres of land in The courage of our military and our vet- the honor of playing for Coach Majors at the Mariposa County, from willing sellers, for vis- erans is an inspiration to us all, and we thank University of Tennessee. itor and administrative uses. The proposed them all for their service and sacrifice to pro- f site for this center will be at the junction of tect our freedoms. The thoughts and prayers State Highway 140 and State Highway 49, lo- of our entire nation are with the men and HONORING THE ACCOMPLISH- women serving today, those who have bravely MENTS OF JOHNNY MAJORS cated in Mariposa just outside the Arch Rock entrance to Yosemite National Park. A visitor served, and the families of those whose ulti- mate sacrifice will never be forgotten. HON. HEATH SHULER center at this location will not only provide Yo- semite National Park with an opportunity to Madam Speaker, I ask my colleagues to join OF NORTH CAROLINA enhance their visitor services, it will be a tour- me in paying tribute to our nation’s brave sol- IN THE HOUSE OF REPRESENTATIVES ist destination for travelers in the gateway diers and veterans. Wednesday, May 26, 2010 community of Mariposa as well. Mr. SHULER. Madam Speaker, I rise today, This non-controversial bill enjoys a broad f accompanied by my colleague Mr. TANNER, to array of local support including the Mariposa honor the achievements of Johnny Majors, County Board of Supervisors, Chamber of OUR UNCONSCIONABLE NATIONAL former football coach of the University of Ten- Commerce, Economic Development Corpora- DEBT nessee. tion, and County Tourism Bureau, in addition For 16 years, from 1977–1992, the Univer- to the current Superintendent of Yosemite Na- HON. MIKE COFFMAN sity of Tennessee enjoyed the privilege of hav- tional Park and the Yosemite Fund. Addition- ing Coach Majors pace the sidelines of ally, this authorizing legislation is PAY-GO OF COLORADO Shields-Watkins field. Throughout his many neutral and does not authorize direct spend- IN THE HOUSE OF REPRESENTATIVES years at the University of Tennessee Coach ing. Wednesday, May 26, 2010 Majors maintained a high level of success, Madam Speaker, I am eager to lend my winning three championships in arguably one support to a project that will benefit the local Mr. COFFMAN of Colorado. Madam Speak- of the most competitive sports leagues in the economy of Mariposa by providing tourism op- er, today our national debt surpassed $13 tril- country. portunities as well as enhancing the visitor ex- lion. As a young man, I remember the excite- perience at Yosemite National Park. I urge my To put this in perspective, on January 6th, ment surrounding Coach Majors’ visit to my colleagues to join me in supporting this legis- 2009, the start of the 111th Congress, the na- home town of Bryson City, North Carolina. He lation as it moves through Congress. tional debt was $10.6 trillion. was seen by many in my community as the f This means we have increased the debt by epitome of football. He came to visit me and 18 percent in just 16 months. This debt and its my family to talk about the possibility of me TRIBUTE TO OUR NATIONS’ interest payments we are passing to our chil- coming to the University of Tennessee. We SOLDIERS AND VETERANS dren and all future Americans. There is simply expected his visit to focus primarily on the no way that we can maintain this type of game and the football program at UT. How- HON. NITA M. LOWEY spending without destroying our Nation. ever, Coach Majors’ concerns were more OF NEW YORK We know what happens to individuals that about the importance of a strong education, IN THE HOUSE OF REPRESENTATIVES the responsibility of leading by example, and bury themselves in debt. We know what hap- Wednesday, May 26, 2010 his insistence that regardless of where you pens to companies and institutions that fail to might be in your life, UT alumni are always Mrs. LOWEY. Madam Speaker, each year maintain balanced books. And we know what part of the UT family. on Memorial Day, Americans take a day to ex- happens to nations that spend this irrespon- Coaches often play a vital role in raising the press their gratitude and honor the memory of sibly. We need only look overseas to the ef- youth of a community. Not only do they instill the men and women who have given their fects of such disastrous fiscal policies. But for values such as hard work and dedication, but lives in service to our nation. This experience some reason, a reason that wholly escapes can also teach young people valuable life les- of patriotism and civic consciousness is a time me, the current administration and the majority sons of honor and good will. Coach Johnny to reflect on the bravery and commitment of in Congress continue to move forward with Majors not only bred success on the field, but those who have answered the call to serve their ruinous plans. encouraged his student athletes to conduct and our responsibilities to uphold the ideals for There is no reasonable national policy that themselves with integrity and honesty. To which they fought. can be implemented that assumes a national have a man of his character coach me was a In Congress, this is a time to recommit our- debt increasing by 18 percent in just 16 true honor and a privilege. selves to caring for those who served our months. I think the fact that the House doesn’t Madam Speaker, I thank Mr. TANNER for his country and their families. They have fulfilled appear to be considering a budget this year thoughtful statement regarding my coach and their obligations to the American people, and proves that the Majority knows that as well but friend, Johnny Majors. I ask my colleagues we must fulfill our obligations to them. wants to hide the magnitude of the problem join me in celebrating this great man’s accom- That’s why I am pleased Congress has pro- from the American people. We need to rein in plishments, both on and off the football field. vided historic increases of 60 percent since this spending and address our deficit, our and off the football field. 2007 for health care and other services for our debt, and preserve our future.

VerDate Mar 15 2010 05:38 May 27, 2010 Jkt 089060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\K26MY8.009 E26MYPT1 tjames on DSKG8SOYB1PROD with REMARKS E948 CONGRESSIONAL RECORD — Extensions of Remarks May 26, 2010 RECOGNIZING THE 50TH ANNIVER- Nearly the entire IVLP budget is spent within caring adults to serve as foster parents. Unfor- SARY OF THE NATIONAL COUN- the United States, where it generates millions tunately, there is currently a shortage in the CIL FOR INTERNATIONAL VISI- of dollars in local economic activity. NCIV number of foster parents available. There are TORS, AND EXPRESSING SUP- members raise an additional $6 for every dol- less than 3 foster homes for every 10 children PORT FOR DESIGNATION OF FEB- lar they receive in federal funding, all of which living under the State’s care. RUARY 16, 2011, AS ‘‘CITIZEN DI- is spent locally. Furthermore, by bringing for- While the foster care system provides a vital PLOMACY DAY’’ eign leaders to U.S. schools, government service in our society, children in foster homes agencies, and businesses, the NCIV network often face special challenges. In 2008, HON. JAMES P. MORAN and the IVLP help U.S. communities build a 123,000 of the 273,000 children in the foster OF VIRGINIA more globally literate, competitive workforce. care system were waiting to be adopted into IN THE HOUSE OF REPRESENTATIVES Please join me in demonstrating congres- new homes. However, by the end of the year, sional support for this national network of cit- only 55,000 were adopted out of foster care. Wednesday, May 26, 2010 izen diplomats by recognizing NCIV’s 50th an- Foster children who are not adopted or re- Mr. MORAN of Virginia. Madam Speaker, I niversary and recommending designation of united with their families often end up ‘‘aging ask that my colleagues join me in recognizing February 16, 2011, as Citizen Diplomacy Day. out’’ of the foster care system. These children the 50th anniversary of the National Council COSPONSORS OF LEGISLATION INTRODUCED BY who ‘‘age out’’ of the system are in need of re- for International Visitors, NCIV—a nonprofit THE REP. JIM MORAN sources to help them afford higher education leader in citizen diplomacy—and supporting The Honorable Donald Manzullo, the Hon- opportunities, find affordable housing and designation of February 16, 2011, as ‘‘Citizen orable Howard Coble, the Honorable Keith quality health insurance, and achieve steady Diplomacy Day.’’ Ellison, the Honorable Eddie Bernice John- employment. This is a social demand to which NCIV is a membership association, with son, the Honorable Lee Terry, the Honorable Congress must respond. members based in congressional districts Mark Steven Kirk, the Honorable Peter Past legislative initiatives to invest in our throughout the nation, dedicated to promoting Welch, the Honorable Betty McCollum, the country’s foster care system include the Adop- Honorable Patrick Murphy, the Honorable excellence in citizen diplomacy—the concept John Boozman, the Honorable Sue Wilkins tion Assistance and Safe Families Act of 1980, that individual citizens have the right and re- Myrick, the Honorable Steven Rothman, the the Adoption and Safe Families Act of 1997, sponsibility to help shape U.S. foreign rela- Honorable Denny Rehberg, the Honorable and the Fostering Connections to Success tions ‘‘one handshake at a time.’’ NCIV’s na- Jan Schakowsky, the Honorable Daniel B. and Increasing Adoptions Act of 2008. These tionwide network comprises 92 community or- Maffei. initiatives recognized the need to provide in- ganizations as well as federal agencies, asso- f creased resources for foster families and a ciate members, and individuals. With leader- sense of stability for foster children, 65 per- ship and training provided by NCIV, member EXPRESSING SUPPORT FOR DES- cent of whom experience a minimum of seven organizations create professional connections, IGNATION OF MAY AS NATIONAL school changes while in the system. Congress provide cultural activities, and offer home hos- FOSTER CARE MONTH AND AC- must continue working to improve the foster pitality opportunities for foreign leaders and KNOWLEDGING THE RESPONSI- care system, so that all children within this specialists. Each year, the aggregate efforts of BILITY THAT CONGRESS HAS TO system can develop and mature in young NCIV members involve more than 80,000 vol- PROMOTE SAFETY, WELL-BEING, adults with bright futures. unteers. IMPROVED OUTCOMES, AND PER- I salute the selflessness and hard work that The NCIV network is the private-sector part- MANENCY FOR THE NATION’S foster parents demonstrate each day when ner of the U.S. Department of State for the COLLECTIVE CHILDREN they care for a child who had been displaced International Visitor Leadership Program, from his or her family. I offer my sincere sup- IVLP, a long-standing, successful initiative for HON. LAURA RICHARDSON port for dedicating the month of May as Na- strengthening U.S. foreign relations. More than OF CALIFORNIA tional Foster Care Month. I urge my col- 285 current and former heads of state (includ- IN THE HOUSE OF REPRESENTATIVES leagues to join me in supporting H. Res. 1339. ing F.W. de Klerk, Anwar Sadat, Manmohan Wednesday, May 26, 2010 f Singh, Nicolas Sarkozy, and Morgan CELEBRATING ASIAN/PACIFIC Tsvangarai) and approximately 1,700 cabinet- Ms. RICHARDSON. Madam Speaker, I rise AMERICAN HERITAGE MONTH level ministers have participated in the IVLP, today in support of H. Res. 1339, which ex- presses the House of Representatives’ sup- which U.S. ambassadors have repeatedly SPEECH OF ranked first among 63 U.S. public diplomacy port for the designation of May as National initiatives. Foster Care Month and recognizes the impor- HON. JOE BACA Through citizen diplomacy, the NCIV net- tant role that foster parents play in the lives of OF CALIFORNIA work and the IVLP have positively affected children across the country. There are nearly IN THE HOUSE OF REPRESENTATIVES hundreds of thousands of lives in America and 500,000 children in America’s foster care sys- Tuesday, May 25, 2010 tem. Many of these children come from trou- abroad—among countless other ways, by: Mr. BACA. Mr. Speaker, I rise today in sup- bled backgrounds and turbulent pasts. Amer- Empowering a key reformer to stand up for port of House Resolution 1316, Celebrating ica’s foster parents take these children in and democracy and freedom following the Feb- Asian/Pacific American Heritage Month. ruary 2010 coup in Niger; show them the care and attention that they As an original cosponsor of this bill, I am Introducing high school students in Reno, deserve as they wait to be reunited with their proud to stand here today and speak on this Nevada, to Moroccan journalists and Afghan families or adopted into new, loving families. important resolution. women leaders; I thank Chairman LEVIN for his leadership in This is a nation of immigrants and it is al- Sharing best practices with leaders of Ma- bringing this bill to the floor. I also thank the ways important to take time, and recognize laysian disaster-relief nonprofits in the wake of sponsor of this legislation, Congressman the contributions that different cultures and a devastating earthquake and tsunami; MCDERMOTT, for working to increase public ethnicities have made to our society and our Connecting an environmental and water re- awareness about the critical role that the fos- American way of life. sources engineering firm from Portland, Or- ter care system plays in our society. Today, the Asian/Pacific community is one egon, to business opportunities with China; In my home State of California, there are of the fastest growing populations in America. and nearly 80,000 children in the foster care sys- Over 15 million Americans claim Asian de- Breaking stereotypes about Americans for a tem, a majority of whom were placed there by scent and over 1 million residents claim Native Yemeni governance and conflict management the State as a result of parental abuse or ne- Hawaiian descent. By 2050, the Census bu- expert. glect. Foster parents play a critical role in the reau estimates that over 40 million residents The success of NCIV is based on patriotic lives of some the most vulnerable youths in will claim Asian/Pacific descent. citizens, entrepreneurs, and small businesses California and across the country. They help Since the time the first Asian immigrants coming together to help promote America hold our Nation’s social fabric together by en- came to America in 1843, these individuals abroad while boosting the local economy. By suring that thousands of young people in this have had a profound effect on our history. working with the State Department, NCIV is an country stay on track towards successful fu- A large number of Asian immigrants helped important source of income for many through- tures. to complete the transcontinental railroad. out the U.S. based on the increased economic Designating May as National Foster Care Today, Asian/Pacific Americans continue to activity generated by international visitors. Month is a way to encourage responsible and contribute, and many have had distinguished

VerDate Mar 15 2010 05:38 May 27, 2010 Jkt 089060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A26MY8.015 E26MYPT1 tjames on DSKG8SOYB1PROD with REMARKS May 26, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E949 careers in public service, giving back to the saries never want to face in court. His trial bia Zoning board for a number of years, serv- country they love so much. work was highlighted in The National Law ing until her late 80s. She was also an active Indeed, three members of the President’s Journal’s Top 100 Verdicts in America in member of Keep America Beautiful of the Mid- Cabinet—Secretary Locke, Secretary Chu, 2007. lands. and Secretary Shinseki—are Asian Americans. Mr. Branson’s importance to Dallas extends She performed another community service Thirty Members of Congress are of Asian or beyond the legal community. He has been by heading her voting precinct for more than Pacific descent as well, including my good recognized by the Vietnam Veterans of Amer- 30 years. While working at the polls during the friend Mr. HONDA, who has done an admirable ica’s distinguished service award and the 2008 Presidential primary, she had the honor job championing this cause. American Heart Foundation’s Chip Moody of meeting then Senator Barack Obama. Celebrating Asian/Pacific Heritage Month Eagle Award. Mr. Branson is also a Garland Mrs. Martin is an advocate also for early de- provides Americans with an opportunity to cel- Community Hospital Trustee. tection of cancer. Using her speaking and ebrate our diversity and recognize the Madam Speaker, I would like to join with the leadership skills, she has traveled on behalf of achievements, contributions, and rich history people of Dallas in commending Frank the American Cancer Society’s Best Chance that these individuals have shared with us. Branson on his continual striving for excel- Program, educating men and women about It is for these reasons that I urge all my col- lence within the field of law and congratulate the warning signs of breast and prostate can- leagues to vote in favor of H. Res. 1316. him on this well-deserved recognition. cer. f f She has been an active member of Bethel AME Church since arriving in Columbia in the HONORING FRANK BRANSON FOR TRIBUTE TO ELISE JONES MARTIN 1930s, where she has served on the Board of BEING NAMED AMONG THE BEST Education, Steward Board, and the gospel TEXAS LAWYERS IN 2010 HON. JAMES E. CLYBURN choir. She is a recipient of the Queen Esther OF SOUTH CAROLINA Award, which is one of the highest honors for HON. EDDIE BERNICE JOHNSON IN THE HOUSE OF REPRESENTATIVES women at Bethel AME. Her organization memberships include: OF TEXAS Wednesday, May 26, 2010 IN THE HOUSE OF REPRESENTATIVES Board of Directors of the Drew Park, Renais- Mr. CLYBURN. Madam Speaker, I rise sance Foundation Board, James E. Clyburn Wednesday, May 26, 2010 today to pay tribute to a community leader Golf Center Board, City Lighting Committee, Ms. EDDIE BERNICE JOHNSON of Texas. whose tremendous contributions were recently City of Columbia Citizens Advisory Committee Madam Speaker, I would like to extend my recognized with a new housing development for Community Development, several neigh- warmest congratulations to Frank Branson of named in her honor. Mrs. Elise Jones Martin borhood crime prevention programs, and the Dallas on being honored by the 2010 Edition has spent her entire life advocating for her W.A. Perry Middle School support group. of the Best Lawyers in America and recog- community and it is fitting and I think proper, Mrs. Martin has received numerous awards nized as one of Texas’s best lawyers. that a new neighborhood in the community for her service including recognition by the Best Lawyers is the oldest and most re- that she has devoted her life to will now bear American Cancer Society, the Columbia City spected peer-review publication in the legal her name. Council, the Columbia Alumnae Chapter of profession. Best Lawyers compiles lists of out- Elise Jones Martin is a native of Hartsville, Delta Sigma Theta Sorority, and Richland standing attorneys by conducting exhaustive South Carolina. She graduated from Essex County School District One. On May 1, 2010, peer-review surveys in which thousands of High School in New Jersey, but returned to she added the honor of the dedication of The leading lawyers confidentially evaluate their her beloved South Carolina in the 1930s to Elise Jones Martin Place to her long list of ac- professional peers. In the U.S., Best Lawyers opened a beauty salon in Columbia’s thriving complishments. publishes an annual referral guide, The Best African American business corridor along Madam Speaker, I ask you and my col- Lawyers in America, which includes 39,766 at- Washington Street. leagues to join me today in recognizing the torneys in 80 practice areas, covering all 50 In addition to running her business, Mrs. contributions of a true community leader. Mrs. states and the District of Columbia. Martin also furthered her education with trade Elise Jones Martin has spent her entire life Mr. Branson is the founder of Dallas’ The and teacher training courses at Allen Univer- giving back to her community and improving Law Offices of Frank L. Branson, a nationally sity, Benedict College and South Carolina the quality of life for her neighbors. I am recognized litigation firm. A graduate of SMU State University. She went on to teach cosme- pleased to call Mrs. Martin a friend, and I add Law, Mr. Branson joins a distinguished list of tology at Booker T. Washington High School. my voice to those of so many others in thank- alumni to earn the annual honor, which is She later became the first African American ing her for her selfless service. She is a re- based on outstanding achievements, public woman to open a business on Columbia’s markable individual who is deserving of our service and commitment to the legal profes- Main Street. appreciation. sion. Throughout her life, she worked on behalf of f Mr. Branson has secured record courtroom building strong communities. In the 1960s, her HONORING THE SEVEN GOLD STAR recoveries and landmark verdicts for clients mother organized the Jones-McDonald Club to MEMBERS OF THE WELSH BETH- seriously injured by dangerous products, med- ensure neighbors took an active part in main- EL BAPTIST CHURCH WHO SAC- ical negligence, transportation injuries, indus- taining their neighborhood. After her mother RIFICED THEIR LIVES DURING trial catastrophes, and, in recent years, com- passed away, Mrs. Martin carried the mantle WORLD WAR I AND WORLD WAR mercial torts. He is a past president of the for the organization. Even well into her 80s, II Southern Trial Lawyers Association, Dallas Mrs. Martin walked door to door to meet new Trial Lawyers Association, and Dallas Chapter neighbors and to encourage them to join the of the American Board of Trial Advocates. Ad- Jones-McDonald Club. With Mrs. Martin’s in- HON. PAUL E. KANJORSKI ditionally, he is a fellow in the International fluence, the club has grown beyond its initial OF PENNSYLVANIA Academy of Trial Lawyers and the Inter- purpose. Today it hosts an annual Easter IN THE HOUSE OF REPRESENTATIVES national Society of Barristers. brunch, produces a newsletter, and boasts the Wednesday, May 26, 2010 Throughout his career Mr. Branson has con- participation of elected city officials and reli- Mr. KANJORSKI. Madam Speaker, I rise sistently prided himself in his tenacious prepa- gious leaders. today to ask you and my esteemed colleagues ration, as well as his imagination in the court- Mrs. Martin was also instrumental in pro- in the House of Representatives to pay tribute room. His firm has a nationwide reputation for viding community input for a Hope VI project to the seven Gold Star Members of the Welsh its use of advanced, state-of-the-art trial tech- that revitalized a former barrack-style housing Bethel Baptist Church in Wilkes-Barre, Penn- niques such as digital video, computer anima- complex in Columbia. Her belief that the home sylvania. tion, medical art and individualized anatomical and the neighborhood are the foundations to The Welsh Bethel Baptist Church was models. producing solid, contributing citizens helped founded in 1884. Mr. Branson’s prestige within the law com- develop a philosophy for the new family-friend- During the 1940s, the Church established munity has been acknowledged since 1987. ly development that replaced the warehouse an Honor Roll of all of the members of the Forbes magazine recognized him as one of approach of the former housing project. Church who served during World War II. In the most successful trial lawyers in the coun- She has taken her passion for building total, 111 members of the Church served in try, and D CEO Magazine recently named him strong communities with her into public serv- World War II, including 110 men and 1 as one of the top five lawyers corporate adver- ice. Mrs. Martin was a member of the Colum- woman.

VerDate Mar 15 2010 05:38 May 27, 2010 Jkt 089060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A26MY8.017 E26MYPT1 tjames on DSKG8SOYB1PROD with REMARKS E950 CONGRESSIONAL RECORD — Extensions of Remarks May 26, 2010 The Church would honor those who were ness or hospitalization could easily bankrupt seniors that I and the Democrats in Congress killed in action during the War by placing a not only a senior, but his or her entire family. will continue to stand firmly opposed to any gold star next to their name on the Honor Roll. A single serious illness—a round of pneu- and all efforts to privatize Social Security or Six members of the Church were killed in ac- monia, or a broken hip—could render an el- turn Medicare into a voucher program. More- tion during World War II and received this derly man or woman destitute. Too often, our over, we will continue to take a leading role to honor. elders simply went without needed medical improve—rather than undermine—Social Se- About ten years ago, the Church recognized care, suffering and even dying because de- curity and Medicare. its only member to be killed in action during cent health care was out of reach. f World War I by adding his name to the Honor I bring this up today to underscore the need Roll along with a gold star. for vigilance in protecting Medicare and Social HONORING THE HUMAN LOSS AT Every year on Memorial Day, the Church Security from those that seek to privatize DEEPWATER HORIZON holds a ceremony to honor its seven Gold Star these vital programs. Indeed, the retirement Members. and health security of today’s retirees, today’s HON. BILL CASSIDY On Sunday, May 30, 2010 the Church will workers, and future generations rests on the OF LOUISIANA pay tribute to the seven Gold Star Members of decisions that Congress makes on these pro- IN THE HOUSE OF REPRESENTATIVES the Church by dedicating a memorial stone in grams. Wednesday, May 26, 2010 front of the church in their honor. During the year-long debate over health Mr. CASSIDY. Madam Speaker, on April 20, The seven Gold Star Members, and Wilkes- care reform, we heard a great deal of rhetoric Louisiana lost eleven fathers, husbands, broth- Barre natives, being honored are: from our Republican colleagues about the ers, and sons at the Deepwater Horizon acci- Private William Robbins who was killed in need to protect Medicare. Yet when given the dent in the Gulf. Sorrow for their deaths is Germany in World War I. He was only sixteen chance to strengthen Medicare by providing borne across our State. years old. better benefits, lowering costs, and preserving As we focus our energies on stopping the Private First Class Charles Grosspietsch Medicare’s solvency for years to come, my spill, it is important that we focus our prayers who was killed in Luzon in the Philippines dur- Republican colleagues unanimously voted no. on the families who are grieving the loss of ing World War II. He was 20 years old. In opposing Health Care Reform, my col- loved ones. We cannot lose sight of the fact Corporal Kenneth Hobbs who was killed in leagues said no to free preventive care for that this incident began—and is—a painful Whelan, Germany during World War II. He seniors, no to ending the ‘donut hole’ for pre- human tragedy, and I am thankful for all of was 28 years old. scription drug coverage and lowering prescrip- those in Louisiana who are consoling these Private First Class Robert Hummel who was tion drug costs, and no to more time with and families and providing comfort in their time of killed in Germany during World War II. He was better access to primary care physicians. need. 21 years old. Further, while erroneously assailing health reform legislation as detrimental to seniors In mourning their loss, we should also rec- Private William Parry, Jr. who died at Nor- ognize their contributions to Louisiana and the mandy during World War II. He was 24 years and Medicare, the ranking Republican mem- ber on the House Committee on the Budget Nation. old. As this event makes painfully clear, energy introduced H.R. 4529, the Roadmap for Amer- Private William L. Richards who was killed security, even at home, is not won easily. The ica’s Future, which purports to rescue and in Anzio, Italy during World War II. He was 22 men and women who work on rigs and pipe- strengthen Medicare, Medicaid, and Social Se- years old. lines endure long hours, tough conditions, and curity, allowing them to fulfill their missions Staff Sergeant Thomas D. Williams who considerable risk to provide us with the energy and making them permanently solvent—all was killed in Russeisheim, Germany during our Nation needs to prosper. while putting the federal budget on a sustain- World War II. He was 24 years old. To all of those who make this sacrifice on able path. If this were true, I would be the first The memorial stone will be unveiled by Jack the Nation’s behalf, thank you. And to the fam- in line to cosponsor the legislation. Johnson, the last surviving World War II vet- ilies who lost loved ones, our prayers are with However, analysis of the ‘‘Roadmap for eran of the Church. you and we are here for you. Madam Speaker, please join me in honoring America’s Future’’ by the Center on Budget f these brave men who gave their lives pro- and Policy Priorities revealed the plan ‘‘would tecting our country. This stone will serve as a raise taxes for most middle-income families, IN RECOGNITION OF DELFINA reminder for future generations of the ultimate privatize a substantial portion of Social Secu- TELLES sacrifice made by these seven men who came rity, eliminate the tax exclusion for employer- before them. sponsored health insurance, end traditional HON. DENNIS A. CARDOZA f Medicare and most of Medicaid, and terminate OF CALIFORNIA the Children’s Health Insurance Program. The IN THE HOUSE OF REPRESENTATIVES SOCIAL SECURITY AND MEDICARE plan would replace these health programs with a system of vouchers whose value would Wednesday, May 26, 2010 HON. LOUISE McINTOSH SLAUGHTER erode over time and thus would purchase Mr. CARDOZA. Madam Speaker, I rise OF NEW YORK health insurance that would cover fewer health today to honor the life of Delfina Telles, former IN THE HOUSE OF REPRESENTATIVES care services as the years went by.’’ first lady of El Paso, Texas, who passed away What I find most disturbing about this pro- on May 6, 2010 in Los Angeles, California at Wednesday, May 26, 2010 posal is the failure to acknowledge a connec- the age of 93. Delfina was a devoted wife and Ms. SLAUGHTER. Madam Speaker, I rise tion between the recent volatility of the stock mother who was passionate about her com- today in support of seniors, Social Security market and the effect that would have on munity and work in public service. I am proud and Medicare. privatized Social Security accounts. When a to pay tribute today to such a giving woman. Social Security and Medicare are among the trillion dollars of wealth can disappear in 30 Delfina was the wife of Raymond Telles, most important programs ever created by our minutes, as it did on May 6, 2010, we know who served as El Paso’s first Hispanic Mayor Government. Older Americans have worked that the stock market is not the place for sen- from 1957–1961. Mr. Telles was also ap- hard and sacrificed themselves to ensure a iors’ life savings. Privatization, or partial privat- pointed as ambassador to Costa Rica by better, stronger country for future generations. ization, of the Social Security system would President Kennedy, during which time Delfina They deserve a secure, healthy retirement. have been disastrous for millions of senior citi- became active in civil affairs, including leading Together, Social Security and Medicare zens that depend on their Social Security fundraising drives for a children’s hospital and have helped tens of millions of seniors avoid checks every month. Likewise, replacing Medi- a rehabilitation center for children with disabil- poverty, enjoy better health, and maintain a care with a voucher system and letting seniors ities in Costa Rica. respectable standard of living. For countless fend for themselves on the private market Delfina is recognized and remembered for seniors, Medicare has literally saved their would leave our seniors with less and less her commitment to non-profit organizations lives, giving access to medical treatment they care every year. and charity work. She worked tirelessly on be- would otherwise have been unable to afford. America’s seniors have worked long and half of such organizations as the March of These programs are a measure of what we hard to build a prosperous Nation, yet too Dimes, was co-chairperson of the annual truly value, and who we are as a Nation. many seniors in this country saw their retire- Easter Seal Drive for El Paso’s Cerebral Palsy It was not always this way. Prior to the es- ment savings get decimated by President Treatment Center, served on the Pan-Amer- tablishment of Medicare in 1965, a serious ill- Bush’s economic crisis. I rise today to assure ican Round Table and the Woman’s Auxiliary

VerDate Mar 15 2010 05:38 May 27, 2010 Jkt 089060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A26MY8.020 E26MYPT1 tjames on DSKG8SOYB1PROD with REMARKS May 26, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E951 of Providence Memorial Hospital, and was a not only that the defendant used identity docu- gram of the Southeast Arkansas Economic director of the Chamber of Commerce Wom- ments that were not his own, but also that the Development District, devoting his time to help en’s Department. She is also recognized for defendant knew the identity documents were Vietnam veterans find jobs following the war. her work with the American Red Cross, the those of another actual person. Above all, Captain Grigg was known for his American Cancer Society, and Community Identity theft occurs when someone inten- love of country and faith in God. He is sur- Chest. She was also appointed to the Defense tionally and unlawfully uses identity documents vived by his loving wife, Lisa; his two children, Department’s Advisory Committee on Women that are not his own. Our federal statutes Grant Grigg and Danielle Pinney; his two in the Service by President Nixon in 1974. should reflect this reality. grandchildren, Sam and Anna Marie; and, by Mrs. Telles is survived by her husband, Today, I am introducing legislation to amend numerous friends, family members and co- Raymond; her daughters, Cynthia Telles of these federal statutes to make clear that when workers whose lives will be less rich because Los Angeles and Patricia Telles-Irvin of an identity thief intentionally and unlawfully he is no longer in them, including mine. My Gainesville, Fla.; two sisters, Ana Jones and uses identity documents that are not his own, thoughts and prayers are with his family dur- Noemi Valenzuela of El Paso; and a brother, prosecutors do not need to show that the ing this extraordinarily difficult time. Jose Santos Navarro of San Jose, Calif. criminal also knew that the identity documents Our Nation is better, safer and stronger be- Delfina Telles was a truly kind-hearted were those of another actual person. cause of heroes and patriots like Captain woman whose selfless givings will forever This clarification will help prosecutors put Grigg. As I honor him today in the U.S. House leave a positive impact on the communities identity thieves behind bars and will help safe- of Representatives, Captain Grigg is being laid she touched. She will be greatly missed by guard American citizens from identity-related to rest at Arlington National Cemetery along- her family, friends, and countless people who crimes. I urge the Members of the House to side thousands of other American heroes. were blessed by her life of benevolence. support this bipartisan legislation. Today, I ask all Members of Congress to f f join me as we honor the life of Captain Don Grigg and his legacy, as well as each man INTRODUCTION OF LEGISLATION IN HONOR OF CAPTAIN DON GRIGG and woman in our Armed Forces who gives TO ADDRESS IDENTITY THEFT the ultimate sacrifice in service to our great HON. MIKE ROSS country. HON. BOB GOODLATTE OF ARKANSAS f OF VIRGINIA IN THE HOUSE OF REPRESENTATIVES TRIBUTE TO WILLIAM MOORE IN THE HOUSE OF REPRESENTATIVES Wednesday, May 26, 2010 McCULLOCH Wednesday, May 26, 2010 Mr. ROSS. Madam Speaker, I rise today to Mr. GOODLATTE. Madam Speaker, I rise honor a good man who left this world much HON. JIM JORDAN today to introduce bipartisan legislation to too soon. On May 7, 2010, our State and Na- OF OHIO strengthen the federal criminal laws punishing tion lost a great patriot when decorated Viet- IN THE HOUSE OF REPRESENTATIVES identity theft. nam War veteran, tireless veterans advocate Identity theft is a serious and growing threat. and long-time congressional staffer Captain Wednesday, May 26, 2010 The Federal Trade Commission estimates that Don Grigg died at the Veterans Affairs Hos- Mr. JORDAN of Ohio. Madam Speaker, as many as 9 million Americans have their pital in Little Rock. He was 71 years old. Ohio’s National Statuary Collection Study identities stolen each year. Captain Don Grigg was a proud Arkansan Committee was asked to compile a list of dis- Identity thieves use identifying information and an even prouder American. I had the tinguished Ohioans from which one could be such as a consumer’s Social Security number, privilege and honor to know and work along- recommended for recognition in Statuary Hall. credit card numbers, or other financial account side Captain Grigg for the last 10 years and As the citizens of Ohio now weigh in on this information in order to conduct such fraud as I am a better person for having done so. list, I want to highlight the many accomplish- opening up new credit cards and gaining ac- There are few men in America like Captain ments and distinguished record of public serv- cess to bank accounts. The ramifications can Grigg. He was a true American hero, relent- ice of one member of that list, the late William be financially disastrous for citizens and can less veterans advocate, dedicated public serv- Moore McCulloch. be extremely difficult to resolve. We must ant with strong morals and an even stronger William McCulloch was born in Holmes crack down hard on these criminals. personality. With his passing, America has lost County in 1901. He attended the College of The fear of identity theft is also consistently one of its biggest fans and veterans have lost Wooster and in 1925 earned a law degree cited as a reason many Americans are cau- one of their staunchest supporters. from The Ohio State University. He subse- tious about engaging in more transactions on- Captain Grigg served this country with brav- quently established a law practice in Piqua, line. This is unfortunate because of the mul- ery and honor in both the U.S. Marine Corps from which he was elected to the Ohio House titude of ways the Internet can help con- and the Army. He fought in the Vietnam War, of Representatives in 1932. sumers shop, do business and communicate earning a Silver Star for gallantry in action, a McCulloch quickly ascended to the speaker- efficiently and at low cost. Bronze Star and two Purple Hearts for injuries ship and became the first person to serve The United States has many federal stat- he sustained in the line of duty. three consecutive terms in that role. He re- utes targeting identity theft. However, some of Captain Grigg has served veterans in Ar- signed from the Ohio House in 1943 to enlist these laws were weakened by a recent Su- kansas for many years in a number of capac- in the Army, where he served our great Nation preme Court case. ities, including as a congressional aide to both in the European Theatre during the Second 18 USC 1028 and 1028A contain criminal former U.S. Congressman Jay Dickey and my- World War. punishments for certain identity theft violations self. Most recently, he served the people of Following the war, McCulloch returned to his when those violations are in connection with Arkansas’s Fourth Congressional District as law practice in Piqua, but his passion for elec- other federal crimes and state felonies. In senior district aide for military and veteran af- tive service led him to run for and win a 1947 2009, the Supreme Court ruled that the lan- fairs in our Pine Bluff office. In this role, he special election to Congress. He readily won guage of those federal statutes require not worked around the clock to help veterans cut respect from all sides of the House for cham- only that the criminal use the identification through the red tape and get the benefits they pioning limited government and sound fiscal documents of another person, but also that deserved. And, he was never shy about get- policies—but most notably for his the criminal knew the documents were those ting the information and help these veterans groundbreaking work on civil rights issues. of another actual person. sought. When Don Grigg called, the VA office McCulloch worked behind the scenes with the The context of that case was that an illegal answered. Eisenhower White House to ensure passage alien had given an employer counterfeit social In 2008, Governor Mike Beebe appointed of the Civil Rights Acts of 1957 and 1960. Be- security and alien registration cards containing Captain Grigg to the Governor’s Commission cause of these successes, during deliberations his name but the identification numbers of on Veterans Affairs. Captain Grigg was also on the Civil Rights Act of 1964, President Ken- other individuals. He was charged with two im- one of the originators of the Arkansas Vietnam nedy famously said of McCulloch, ‘‘Without migration offenses as well as aggravated iden- Veterans Memorial and served on its execu- him, it can’t be done.’’ President Johnson tity theft. The Supreme Court overturned the tive committee, overseeing the memorial’s de- called him ‘‘the most important and powerful conviction on the aggravated identity theft sign and construction. And, for more than 15 force’’ behind that legislation. count explaining that the language of the rel- years, Captain Grigg served as the Coordi- As ranking member of the Judiciary Com- evant statutes required prosecutors to prove nator of the Vietnam Veterans Leadership Pro- mittee, McCulloch also played key roles in

VerDate Mar 15 2010 05:38 May 27, 2010 Jkt 089060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A26MY8.023 E26MYPT1 tjames on DSKG8SOYB1PROD with REMARKS E952 CONGRESSIONAL RECORD — Extensions of Remarks May 26, 2010 crafting and passing the Voting Rights Act of RECOGNIZING THE SERVICE OF Ocean City Flotilla played a major role in the 1965 and the Fair Housing Act of 1968. He JESUS DIAS PEREZ rescue and preservation of lives and property won accolades from the Leadership Con- by providing nearly 4,000 man-hours of serv- ference on Civil Rights for this vital work, as HON. MADELEINE Z. BORDALLO ice in a 3-day period. After the war, the flotilla and the auxiliary well as for defending the Voting Rights Act OF GUAM went through an evolution. As changes in when it was reauthorized intact in 1970. IN THE HOUSE OF REPRESENTATIVES membership and activity caused other auxil- McCulloch did not seek re-election in 1972, Wednesday, May 26, 2010 iary flotillas to be deactivated, other auxiliaries returning to Piqua to resume the practice of Ms. BORDALLO. Madam Speaker, I rise began to fill a need for public education and law. He passed away in 1980 and is interred today to recognize the service of Jesus Dias vessel safety examinations. in Arlington National Cemetery. The people of Perez, a resident of Guam who on Sunday, As the mission of the Coast Guard has Piqua renamed their public square in his May 16, 2010, celebrated his 90th birthday. been expanded over the years, the importance honor last year. Jesus was born on May 16, 1920, in the vil- of the auxiliary has grown. Congress is adding more responsibilities and the Coast Guard is Madam Speaker, William McCulloch’s lage of Agana to Felix Flores Perez and increasing the training opportunities and duties statesmanship, political foresight, unwavering Josefa Diaz. In 1941, Jesus enlisted in the U.S. Navy where he would go on to serve in for the auxiliary, and Flotilla 81 is leading the conservative principles, and commitment to way. From important safety patrols and oper- World War II and the Korean War. He retired freedom and dignity inspired all who knew him ational support to Coast Guard missions, to in 1961, having attained the rank of Chief and served with him. Honoring him by inclu- educational briefings on boating safety and Petty Officer. sion in Statuary Hall would allow countless vessel safety checks, Flotilla 81 is providing a He continued his commitment to public serv- generations to be inspired by his distinguished vital service to the region, and serves as an ice after his retirement from the Navy, going to record of service in the future. example to the country. work for the County of San Diego, California. With an honorable and distinguished history, There, he supervised the County’s Juvenile f and a dedicated and enthusiastic membership Ranch Facility, a correction and rehabilitation today, it is my honor and pleasure to recog- EXPRESSING SYMPATHY TO FAMI- center for troubled youth. Jesus was com- nize the 70th Anniversary of the U.S. Coast LIES OF SOUTH KOREAN SEA- mitted to helping young adults get a second Guard Auxiliary Flotilla 81 of Ocean City, New MEN KILLED BY NORTH KOREA chance and a fresh start in life. Jesus also Jersey. I encourage all members to recognize was an active member of the San Diego Elk’s the service of Coast Guard auxiliarists in their Lodge and participated in the Elks Club’s districts. SPEECH OF chapter in Chula Vista. Jesus completed nu- f merous community service projects on behalf HON. EARL POMEROY of our nation’s veterans. A PROCLAMATION HONORING THE TOWN OF FREEPORT, OHIO, ON OF NORTH DAKOTA Despite living thousands of miles from his home on Guam, Jesus continued to contribute THE 200TH ANNIVERSARY OF ITS IN THE HOUSE OF REPRESENTATIVES to the Guam community, opening his home to FOUNDING Monday, May 24, 2010 family, friends, fellow veterans, and patients from Guam receiving care at San Diego med- HON. ZACHARY T. SPACE Mr. POMEROY. Madam Speaker, I rise ical facilities. OF OHIO today in support of House Resolution 1382. Jesus was married to the late Margaret IN THE HOUSE OF REPRESENTATIVES Chamberlain and has one daughter, two The March 26 torpedo attack on the Wednesday, May 26, 2010 grandchildren, and four great-grandchildren. Cheonan represents one of the most horrific Mr. SPACE. Madam Speaker, Today, I commend Jesus Perez for his life- Whereas, William Melton oversaw the acts of aggression in the long and all too often time of service to Guam, our community, our fraught history of the Korean peninsula. As a founding of Freeport, Ohio in Tuscarawas veterans, our youth, and our nation. I also join County on March 7, 1810; and longstanding friend of the Korean people, I with his family and friends in congratulating condemn the attack and fully support the Whereas, the earliest settlers included Dan- him on his 90th birthday. We appreciate his iel Easley, John Reed, Jonathan Grewell, steps taken to bring this matter before the contributions to our nation and our community. Jacob Snyder, Aaron Ruble, Barnabas U.N. Security Council and President Lee f McNamee, and John Grubb; and Myung-bak’s decision to cut trade ties with Whereas, Freeport, on the banks of the Still- RECOGNIZING U.S. COAST GUARD North Korea. water River, served as a friendly port for those AUXILIARY FLOTILLA 81 OF brave and adventurous enough to traverse the The Republic of Korea is one of the United OCEAN CITY, NEW JERSEY States strongest and most steadfast allies— wilderness; and and just as the Korean people have stood by Whereas, Freeport was founded on the val- us in our times of need—we will continue to HON. FRANK A. LoBIONDO ues of community and service and has re- stand shoulder to shoulder with our Korean OF NEW JERSEY mained so for its 200 years; and IN THE HOUSE OF REPRESENTATIVES Whereas, the town of Freeport has been friends during these trying times. Our shared and will continue to be a shining example of Wednesday, May 26, 2010 history has closely united our two nations with welcoming hospitality for travelers and com- respect to not only our security but also our Mr. LOBIONDO. Madam Speaker, June 1, mitment to community and service for resi- fundamental values, principles, and ideals. I 2010, marks the 70th Anniversary of the dents; and share a particularly strong personal bond with founding of the U.S. Coast Guard Auxiliary Whereas, the official town charter dates Korea as the father of two adopted Korean Flotilla 81, in Ocean City, New Jersey. Flotilla back to June 3, 1834; now, therefore, be it American children. 81 was the fifth Auxiliary unit formed in the Resolved, That along with friends, family, To the families of the 46 sailors who died as United States and was made up of volun- and residents of Freeport, as well as the entire 18th Congressional District, I congratulate the a result of the attack, I offer my most heartfelt teering yachtsmen who had summer homes in town of Freeport on its 200th Anniversary. prayers. Your grief and loss is shared by mil- Ocean City. Their first meeting was held at the lions of Americans whose thoughts are with Ocean City Yacht Club on June 1, 1940. f you and your countrymen. As the United States was thrust into World RECOGNIZING AUSTIN HARRIS OF War II, the Coast Guard Auxiliary was reorga- ALAMOGORDO, NEW MEXICO This condemnable attack must be met with nized in 1941 to include only civilians and ci- a strong response from the international com- vilian vessels. During World War II, the flotilla munity and existing U.N. Security Council from Ocean City engaged in off-shore rescues HON. HARRY TEAGUE OF NEW MEXICO sanctions should be fully enforced. I am proud and conducted observation patrols along the IN THE HOUSE OF REPRESENTATIVES to be a cosponsor of this resolution, and I New Jersey coastline on a near daily basis, know that the American people will continue to with 8 months of daily coverage in 1942—a Wednesday, May 26, 2010 stand by and support the Republic of Korea. mission which was unmatched by any other Mr. TEAGUE. Madam Speaker, I would like I call on my colleagues to demonstrate this flotilla in the United States at that time. Even to take a moment to recognize one of my con- support by voting to pass this resolution. during the famous Hurricane of 1945, the stituents for his unwavering commitment to our

VerDate Mar 15 2010 05:38 May 27, 2010 Jkt 089060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A26MY8.026 E26MYPT1 tjames on DSKG8SOYB1PROD with REMARKS May 26, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E953 country and his exemplary citizenship. His was Jewish. His religious devotion caused him The Glendale Chamber of Commerce, es- name is Austin Harris. to sit out of game 1 of the 1965 World Series tablished in 1910, is a local organization com- Austin is someone who exercises his patri- because it was on Yom Kippur. Yet he came mitted to sound and stable economic growth in otism on a daily basis. His room is decorated back, and pitched two games in the series, the City of Glendale. In accordance with this red, white and blue, and he watches the Con- leading the Dodgers to victory. mission, the Chamber aims to provide the gressional proceedings on television. Not only We have also had many Jewish Americans leadership required to keep the business com- that but he also makes a habit of reading re- serve in public office. The first Jewish Con- munity’s goals in focus and to keep Glendale marks made by the President of the United gressman, David Levy Yulee, was elected in competitive as an economic hub for the great- States. 1841. Oscar Straus was the first Jew to serve er Los Angeles area. As the city’s ‘‘Voice of While he keeps himself updated on a reg- in the President’s Cabinet in 1806. Business,’’ it works to increase prosperity by ular basis on the affairs of the federal govern- Taking time to honor celebrations like this is encouraging the growth of existing business ment, Austin has also distinguished himself lo- important for Americans to reflect on our his- and nurturing new enterprises. cally. He has served as an advocate for public tory. Initially created as an informal institution transportation and represented his city in the We must remember that we are a nation of modeled after earlier improvement organiza- ‘‘All-American Cities’’ competition in Atlanta, immigrants. A nation of different ethnicities tions, the Chamber responded to the expan- Georgia. and religions. And instead of ignoring them, it sion of the city by adopting a more formal Austin has also taken the time to travel to is important to take time and honor our dif- structure. It officially established an annual our state capitol and lobby the State Legisla- ferences and appreciate them. In doing this, membership fee and hired a manager in 1921. ture for services for persons with develop- we build our diverse culture and strengthen The Chamber’s early successes are many. In mental disabilities. His volunteerism hasn’t our country’s unity. the first two decades, it successfully lobbied stopped there; Austin is also a volunteer at his As a Hispanic, I know what kind of chal- for a new post office, worked to establish the local senior center, City Zoo and Teen court. lenges exist and our cultures share many of city’s Grand Central Airport, worked for the The fact that a young man would take the the same views on many important issues— adoption of the uniform building code, lobbied time to do so much is impressive enough. Of- issues like civil rights, comprehensive immi- for the establishment of a Department of tentimes in our society, it seems as though we gration reform, promotion of diversity. Motor Vehicles office in town, and lobbied for have to do a lot to get young folks interested I am proud to be here, honoring Jewish the establishment of a Superior Court in the in civics and community service. The fact that Americans and their contributions that have city. Austin has done this on his own sets him enriched our history and culture. As Glendale’s population has grown from apart from his peers. The fact that Austin has f 2700 in 1921 to 270,000 today, so too has the cerebral palsy and is epileptic elevates him UNITED STATES-ISRAEL ROCKET Chamber sought to expand and improve its above his peers. AND MISSLE DEFENSE COOPERA- service to the community and its member The fact that Austin has an uphill battle in TION AND SUPPORT ACT businesses. In accordance with its mission dealing with issues we take for granted every statement, it strives to nurture the growth of day and still gives back to his community is SPEECH OF private businesses, maintain the city’s eco- itself, unique. It is unique to Austin and it is HON. RUSH D. HOLT nomic productivity, and promote a free market uniquely American. economy. As a strong community partner, the OF NEW JERSEY I am proud to say that this young man hails Chamber works full time to fulfill the tenets of IN THE HOUSE OF REPRESENTATIVES from my district. I wish that more young peo- its mission, its efforts spearheaded by a tal- ple across America had his sense of duty and Wednesday, May 19, 2010 ented group of business and community lead- pride in his country. Austin realizes that for Mr. HOLT. Madam Speaker, I rise today in ers serving as its Board of Directors. In large America to continue to be great, everyone strong support of the United States-Israel Mis- part due to the Chamber’s efforts, Glendale must do their part every day. I am honored to sile Defense Cooperation and Support Act has transformed from an agrarian community recognize him today and wish him continued (H.R. 5327). I have had the pleasure of trav- to a major financial and retail center in South- success. His actions do us all proud and are eling to Israel on many occasions, and I have ern California. a shining example of what it truly means to be witnessed firsthand the fear that prevents chil- I am proud to recognize the past and an American citizen. dren from running freely for fear of being too present members and supporters of the f far from shelter when the next rocket attack Chamber for their unique contributions to comes. As we try to facilitate peace negotia- Glendale’s local community, and I ask all COMMEMORATING JEWISH tions in the Middle East, we also have a re- Members to join me in congratulating the AMERICAN HERITAGE MONTH sponsibility to help Israel with the economic, Glendale Chamber of Commerce for 100 social, and security costs resulting from ter- years of dedicated service. HON. JOE BACA rorist attacks. That includes helping our friend f OF CALIFORNIA and ally develop defensive technologies to HONORING THE LIFE AND ACCOM- IN THE HOUSE OF REPRESENTATIVES protect her population. PLISHMENTS OF HOWARD Wednesday, May 26, 2010 I have supported United States-Israel co- operation on the Arrow, Iron Dome, and other DODSON, JR.: HISTORY’S KEEPER Mr. BACA. Madam Speaker, I want to begin antimissile defense systems for years. I am IN HARLEM by thanking my colleague, Ms. WASSERMAN pleased that President Obama has requested SCHULTZ, for championing this cause tonight. $205 million for this program and that this bill HON. CHARLES B. RANGEL Jewish American Heritage Month is a time provides the necessary authority for the ad- OF NEW YORK to celebrate all of the valuable contributions ministration to assist in the procurement, IN THE HOUSE OF REPRESENTATIVES that Jewish Americans have made to our cul- maintenance, and sustainment of these tech- Wednesday, May 26, 2010 ture and shared history. These contributions nologies. Our cooperative effort will benefit have been represented in achievements in Mr. RANGEL. Madam Speaker, I rise today both the United States and Israel for many public service, medicine, politics, technology, in order to pay tribute to the commendable years to come. This is a very worthy bill, and literature and entertainment. work of Mr. Howard Dodson. As director of the I urge my colleagues to support it. Without a firm appreciation for Jewish tradi- Schomburg Center for Research in Black Cul- tion and history we leave ourselves open to f ture he has provided the community with an attitudes and behavior focused on religious HONORING GLENDALE CHAMBER abundant collection of African American histor- bias and prejudice. OF COMMERCE ical materials. Recently, The New Yorker pub- American culture and history is full of the lished an article profiling Mr. Dodson and his positive contributions that Jewish Americans contributions to African American history. HON. ADAM B. SCHIFF Mr. Dodson, who is turning 71 in June, has have made. OF CALIFORNIA In World War II, over 500,000 Jews served been running Harlem’s Schomburg Center for IN THE HOUSE OF REPRESENTATIVES in the American military—many of them paying the last 25 years. Under his leadership, the the ultimate price for our country’s freedom Wednesday, May 26, 2010 center has raised over 40 million dollars and and liberty. Mr. SCHIFF. Madam Speaker, I rise today has preserved some of African American his- One of my boyhood heroes—the great to honor the Glendale Chamber of Commerce tory’s most important treasures, including Mal- Sandy Koufax pitcher for the LA Dodgers— as it celebrates its 100th anniversary. colm X’s diaries from Mecca and first editions

VerDate Mar 15 2010 05:38 May 27, 2010 Jkt 089060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A26MY8.031 E26MYPT1 tjames on DSKG8SOYB1PROD with REMARKS E954 CONGRESSIONAL RECORD — Extensions of Remarks May 26, 2010 of 18th century poet Phyllis Wheatley’s Virginia, had moved during the First World Whereas, the couple are appreciated for poems. War. His father found work in construction. their dedication and contributions to the Lick- Dodson has dedicated his life to presenting His mother became a silk presser. ‘‘It was a ing County Board of Developmental Disabil- rough town,’’ Dodson recalled. ‘‘I was, for to the outside community a fuller picture of some reason, designated from an early age ities; and Black America. His devotion to this work has to—in the language of the time—‘represent Whereas, Larry and Norma Hinds have made him a connector of the past and the race.’ For that reason, everybody drew a demonstrated the values of service to commu- present. Dodson sees his upcoming retirement ring of protection around me.’’ Dodson went nity through their work in Licking County: Now, as an opportunity to start a new, broader leg- on to West Chester State College, and to therefore, be it acy. Villanova, where he earned a master’s in his- Resolved, that along with their friends, fam- At the Schomburg Center he built an array tory and political science. He joined the ily, and the residents of the 18th Congres- of respected educational and cultural pro- Peace Corps in 1964, and spent two years in Ecuador. ‘‘I was inspired by reading ‘The sional District, I commend Larry and Norma grams, including seminars, exhibitions, film Ugly American,’ ’’ he recalled. ‘‘It talked Hinds for their fifty years of marriage and serv- screenings, and performing arts projects to about the ways that expatriates were mis- ing as role models of commitment to love, complement its permanent collection. It was representing Americans abroad, and I de- family, and community. during his time at Villanova University, where cided that I could do a better job.’’ he graduated with a Masters in History and In 1968, he said, ‘‘the combination of King’s f Political Science in 1964, that Dodson became death, the collapse of the Poor People’s Cam- paign, and Bobby Kennedy’s assassination fascinated with African and African American HONORING THE LIFE AND SERVICE history. His work at the Schomburg pays hom- drove a stake into my plans.’’ He felt that he had debts to redeem in America. ‘‘I was the OF JOHN VINCENT PANGELINAN age to Arthur A. Schomburg, the historian first person in my family to go to college, GERBER whose personal collection served as the start- and I didn’t have a right to individualism,’’ ing point for today’s internationally renowned he said. Confused and bereft, he retreated to center. One of the highlights of Dodson’s ca- a friend’s cabin in the mountains near HON. MADELEINE Z. BORDALLO ¨ reer was his involvement with the African Bur- Mayaguez, Puerto Rico. ‘‘I declared myself OF GUAM ial Ground project, which oversaw the exhu- insane and was trying to read myself back mation and reburial of the remains of hun- into sanity, to ground myself in the history IN THE HOUSE OF REPRESENTATIVES dreds of Africans buried in New York City dur- of my people,’’ he said. After his exile in Puerto Rico, Dodson Wednesday, May 26, 2010 ing the seventeenth and eighteenth centuries. went to Berkeley, where he studied slavery Today, Mr. Dodson continues to improve the Ms. BORDALLO. Madam Speaker, I rise in the Western Hemisphere, and favored an today to honor the life and service of John research and intellectual resources available outfit of flared pants and a flat-topped hat, to the community for investigating African and which helped him become known as the Cisco Vincent Pangelinan Gerber, a lifetime resident African American culture. Kid. At the Schomburg, he was wearing a of the village of Ordot, Guam. John Gerber I commend to your attention the attached double-breasted tweed suit, a brown paisley passed away on May 4, 2010 at the age of May 3 New Yorker article. tie, and laceless leather slippers, and, on his 58. left index finger, a gold pyramid ring, signi- TREASURE HUNTER Born on May 31, 1951, in Guam, John is fying his status as a thirty-third-degree the eldest son of Martin and Dolores Gerber. [From the New Yorker, May 3, 2010] Mason. A lucky cowrie shell was pinned to (By Lauren Collins) his left lapel. ‘‘I’ve been dressing since I was He attended Barrigada Junior High School, Father Duen˜as Memorial School, and after When Howard Dodson, Jr., the director of in high school,’’ Dodson said. ‘‘I worked with the Schomburg Center for Research in Black my mother at the dry-cleaning plant off the graduating from George Washington High Culture, in Harlem, was thirty, the life ex- Main Line, where I had my pick of anything School, he enlisted in the United States Ma- pectancy for a black male was sixty. Dodson left after thirty days.’’ rine Corps on June 4, 1969. After completing was just enrolling in a doctoral program at One of the high points of Dodson’s tenure basic training at Marine Corps Recruit Depot U.C. Berkeley. ‘‘I figured I’d be forty by the at the Schomburg was his involvement with in San Diego, John was deployed to Vietnam time I was done, and I’d only have twenty the African Burial Ground project, which where he served with the Fleet Logistics Com- years to work,’’ Dodson recalled last week, oversaw the exhumation and reburial of the remains of more than four hundred Africans, mand in support of the 1st and 3rd Marine Di- sitting in one of the center’s conference visions. Following his tour of duty in Vietnam, rooms. ‘‘So I went into this conversation which had lain in an unmarked cemetery with me and God. I said, ‘Look, God. I need downtown. ‘‘Those seventeenth- and eight- John was assigned to Bravo Company at Ma- some more time. Give me seventy-two years. eenth-century ancestors gave me assign- rine Barracks Guam. John Gerber was honor- I’ll have done all the work I needed to do. I’ll ments,’’ Dodson said. ‘‘I’d do stuff, and ably discharged from the U.S. Marine Corps be ready to, you know, waltz on out of they’d say, ‘Look, follow through.’ I’d say, on June 3, 1975. here.’ ’’ Dodson paused for a minute—quiet, ‘I’ve got a full-time job, and I don’t have time.’ And they’d say, ‘No, you’ve gotta do John Gerber began his civilian career as a grave. ‘‘Well, about five years ago, I started young radio disc jockey on the Wireless Rock renegotiations!’’ he said. this.’ ’’ Now the ancestors are urging Dodson Dodson, who turns seventy-one in June, to visit the rock churches in Ethiopia, to go Show and later established a record store in will retire next year, after a quarter century to Xi’an to see the terra-cotta warriors, to Guam’s capital of Hagatna called the Wireless of running the Schomburg, the world’s pre- visit Machu Picchu. They’re telling him it’s Rock Music Box. John also started a charter mier facility for the preservation and study his time. ‘‘I fulfilled all my service obliga- boat tour company that took visitors around of African-American culture. Under his stew- tions,’’ he said. ‘‘I don’t owe anything to Guam’s southern shores. anybody! But me.’’ ardship, the center has raised more than In 1992, John joined the Guam Chapter of forty million dollars. Its treasures, ten mil- f lion of them, are various: Richard Wright’s the 3rd Marine Division Association, and as a manuscript of ‘‘Native Son,’’ a first edition A PROCLAMATION HONORING member of this service organization, he de- of Phyllis Wheatley’s poems, African fer- LARRY AND NORMA HINDS ON voted his time to helping his fellow Marines, tility masks, sheet music for spirituals, pho- THE 50TH ANNIVERSARY OF service members, and veterans. John invited tographs of strawberry pickers and uptown THEIR WEDDING individuals or groups associated with the 3rd grandees, Malcolm X’s diaries from Mecca. Marine Division visiting Guam to one of the fa- Dodson has salvaged artifacts from HON. ZACHARY T. SPACE mous Gerber fiestas at his home in Ordot, and dumpsters (the love letters of the muralist while there, Marine Corps veterans groups Aaron Douglas) and from storage units (the OF OHIO and service members would be treated to an papers of Le´on Damas, the founder of the IN THE HOUSE OF REPRESENTATIVES Ne´gritude movement). Rummaging in the evening of Chamorro hospitality. Throughout collection one day, Dodson came upon a Wednesday, May 26, 2010 his lifetime, John and the 3rd Marine Division sheet of commemorative stamps from the Mr. SPACE. Madam Speaker: Association hosted over 16,000 service mem- 1936 Olympics. ‘‘It was signed by Jesse Owens Whereas, Larry and Norma Hinds are cele- bers on Guam. and the six other African-American athletes brating the 50th anniversary of their wedding; In 2004, John Gerber led a petition to re- who won medals,’’ he said. ‘‘And by Go¨ ring and Hitler!’’ If the African-American experi- and name Route 1 on Guam from Marine Drive to ence is a diaspora, Dodson has amassed its Whereas, they have served as an example Marine Corps Drive. John argued that the in- richest seed bank. of commitment to each other and to the bonds tent of the original authorization for the high- Dodson grew up in Chester, Pennsylvania, of marriage for their family, friends, and com- way was to recognize the U.S. service mem- where his parents, both natives of Danville, munity; and bers who liberated Guam. That same year,

VerDate Mar 15 2010 05:38 May 27, 2010 Jkt 089060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A26MY8.035 E26MYPT1 tjames on DSKG8SOYB1PROD with REMARKS May 26, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E955 John walked from Andersen Air Force Base to today in the presence of this beloved and sto- When I did finally meet John in April of Naval Base Guam, 27 miles in total, while ried Marine, and represent with this eulogy 2009 at his museum, I immediately sensed pulling a cart the entire length. His campaign the memories, sorrow, gratitudes and condo- something unique—that I was in the pres- lences of all United States Marines around ence of a man so humble and modest, but yet was successful, and Route l in Guam is now the globe who have had the privilege of so commanding and persuasive at the same officially named Marine Corps Drive. Every knowing John Gerber. And I use the past time. I was on an advanced visit to Guam a year, John also loaned his restored World War tense loosely here, because there are many couple of months prior to moving here from II-era vehicles as part of Guam’s Liberation United States Marines yet to come who will my assignment at Headquarters Marine Day Parade. also undoubtedly have the privilege of get- Corps. My predecessor on Guam, Col. Paul On July 21, 2008, the 64th anniversary of ting to know John and his legacy while vis- Brier, made sure to bring me to the Museum the Liberation of Guam, John opened the Pa- iting his Pacific War Museum—an unyielding to meet John on the very first day of my cific War Museum on Guam. This non-profit and enduring structure of steel and iron, lov- visit. We were immediately greeted by John ingly filled with artifacts of sacrifice and museum was built by John to showcase his around the back, his Marine Corps ball cap recollections of wartime faithful devotion— tilted back on his head, his gray ‘‘Marines’’ World War II-era memorabilia and to educate built by John Gerber’s hands, to withstand t-shirt soaked through with sweat and cov- the public on the War in the Pacific. the rigors of time. In many ways, John and ered with twigs, mulch, and sawdust. I was I join our community in mourning the loss of the Museum itself are one in the same— meeting a man of the earth, imbued with an John Gerber, and I offer my sincere condo- steadfast, lasting, loyal, engaging, wel- ethic of labor and hard work. Shaking his lences to his wife, Mela Gomez Gerber; his coming, enlightening, forgiving, hallowed, hand, the roughness of his palm immediately siblings, Martin, Joyce, Wanda, Debra and and revered. Timeless qualities that tran- told me the story. But I was also meeting a Janet; his children, Ryan, Christiana, Storm scend any earthly existence. man of tremendous intellect, as I learned I first heard the name ‘‘John Gerber’’ more in the first five minutes about Guam’s and Rio; and to his many family, friends and about four years ago in 2006 in an unlikely fellow Marines. He will be missed. cross-cultural history and conflicts than my place. I was sitting in the Incheon Inter- jet-lagged brain could absorb. We went Madam Speaker, I also request that two ad- national Airport in Seoul, Korea awaiting a through the museum and I was machine- ditional items be entered into the CONGRES- late-night flight to Guam for Alliance talks gunned by John with not only Marine his- SIONAL RECORD. The first is a tribute to John between senior U.S. and Korean military tory about the 3rd Marine Division at Asan Gerber from Brigadier General Ben Blaz, the leaders. The mere fact that I remember that and the 1st Marine Provisional Brigade at former Member of Congress from Guam. Gen- moment speaks volumes about John, in and Agat, but very personal tales of courage, her- of itself. I wasn’t part of the specific con- eral Blaz was a good friend of John Gerber, oism, love and devotion. Of men like Medal versation at the airport, and like most staff of Honor recipient Capt. Louis Wilson, and and he composed this tribute in his memory. officers who carry the laptops and briefing Catholic Priest Father Duenas; about home- MY FRIEND books for the senior officers, I was only pre- town Chamorro Marine Corps officers and His name was John. He was exceedingly tending to be attentive as I sat on the pe- leaders such as Capt. Peter Siguenza and proud of his Chamorro heritage. He was the riphery of two general officers, one couch BGen Ben Blaz, about Underwood and Puller personification of a United States Marine. over in the airport terminal, who were en- and about the 1,548 United States Marines He was unabashedly loyal to America. gaged in what appeared to me to be largely who gallantly gave their lives in the Libera- We hailed from the same village, metro irrelevant banter. Amidst the sleep-inducing tion of Guam. And true to his character, Ordot, as he would say on occasion. His effer- drone I suddenly heard a sentence that John presented a balanced and open-minded vescent presence was always felt; sometimes leaped-out at me with alarming clarity and perspective, as we transitioned to the other quietly, other times not. His devotion to his purpose: ‘‘Nobody’s done more for the Marine friends was profound; his tolerance for those Corps’ legacy on Guam than John Gerber.’’ wing of the museum where I was over- with whom he disagreed was noteworthy, at Needless to say, I was intrigued and leaned- whelmed with his equally in-depth knowl- times! in to see if I could hear more. With frustra- edge of the Japanese perspectives of the war. Our relationship would grow over the next It is said that in life, there is a time to tion, however, I leaned back in my chair as year and I would routinely turn to John for grow and a time to glow. John did both in the sentence ended right there, with the two help in ensuring that our visiting Marines— tandem. He was endowed with a natural abil- Generals nodding to each other in stern, sol- his Marines—were well taken care of. ity to rally and to lead those with him to emn agreement. My intrigue would have to Two months ago, I was asked to write a reach their goal. Many of his accomplish- remain unsolved—one of the unfortunate as- letter of recommendation to support the ments were in keeping with a vow he made pects of ‘‘experience’’ in the Marine Corps— nomination of John to receive the pres- to a dying friend that he would strive to do for I had learned many years before that it tigious ‘‘Colonel John H. Magruder III well the rest of his life. His intense commit- would not have been wise at that moment for Award’’ from the Marine Corps Heritage ment to fulfill that vow resulted, among oth- the LtCol—one couch over—to interrupt two Foundation in Quantico, Virginia. Once ers, in the establishment of a remarkable Generals engaged in a private conversation again, I found myself using that famous sen- museum to remind all of us how dearly the by asking: ‘‘Excuse me, Sir—Who is John tence from Korea. And I quote the final para- liberators and the liberated paid for the free- Gerber?’’ graph of my letter of recommendation: dom we enjoy today. 2nd Lieutenant Loynd might have asked. ‘‘Over the course of the past two decades, In acknowledgement of his many accom- ... no person has done more to honor the his- plishments, I invited John and his wife to But the sentence stayed with me, and it join me as Guest of Honor on the reviewing wouldn’t be until April of last year in 2009 tory and reputation of the United States Ma- stand for the performance of the Marine that I would finally gain the honor of meet- rine Corps on Guam than John Gerber. His Corps Battle Colors Detachment at Asan ing The Man. Since then, I have found myself Pacific War Museum remains a sole outpost Park in March. He would not accept the invi- often repeating the same sentence, in my of Marine Corps heritage in the vast Mid-Pa- tation. I asked him a second time and he de- own conversations, with the same clarity, cific. Visited by commandants, generals, clined once more because he would prefer to distinction and purpose that I heard it with congressmen, Marines, history enthusiasts, be with his comrades—veterans of all the four years ago: ‘‘Nobody’s done more for the tourists, children and citizens of various na- Services. I approached him a third time and Marine Corps’ legacy on Guam than John tions alike, John’s museum both inspires and threatened not to attend the ceremony un- Gerber.’’ Truer words were never spoken. brings contemplative reflection. For his tire- less he and his wife joined me. Reluctantly, Knowing what I know now about John and less devotion to depicting the legacy, service he accepted for which I was so grateful for no what he means to the Marine Corps and our and history of the United States Marine other guest present that day was more de- heritage, I should have interrupted the gen- Corps in the Pacific, I can think of no finer serving than he to be honored. erals four years ago with my question. In- recipient of the ‘‘Colonel John H. Magruder My friend’s full name was John Vincent stead of the expected steely-eyed glare for III Award’’ than John Gerber.’’ Pangelinan Gerber. He was shorter than I, interrupting, I’m certain that I would have I have high hopes that this award will but I looked up to him for he was an extraor- been educated in a heartfelt way about the come true. But in my mind, there was no dinary man from whom I learned to be a bet- Man and his incredible legacy. The General’s greater local recognition of John’s devotion ter person. response most likely would have been some- than to see him and Mel sitting next to BGen John did not seek fame; it sought him! thing like: ‘‘Well Bob, let me tell you about Ben Blaz as Guests of Honor for the perform- Semper Fidelis, Marine! my friend John Gerber. . . .’’ ance of the storied Marine Corps Battle The second item is the eulogy offered by What he would have told me would have Color Detachment at Asan Beach this past Colonel Robert Loynd of the U.S. Marine been a reverent tale about a man who de- March—a first ever performance on Guam Corps at John Gerber’s memorial service. votes every waking moment of his life to that could not have been a success, without, Colonel Loynd is with Marine Forces Pacific serving others, to honoring the legacy of sac- once again, John Gerber’s legendary passion, rifice and commitment by those veterans love, devotion and work-ethic. John single- and was asked to deliver the eulogy at the re- who demonstrated the full measure of devo- handedly prepared the Asan Park for a per- quest of John Gerber’s family. tion to their country and their comrades, formance befitting the Marines from 8th and EULOGY TO JOHN GERBER—FELLOW MARINE and about a man who loves the Marine Corps I. And because of that —they will be back. Let me begin by saying what a distinct and his fellow Marines with every fiber of his And I know they will be playing a tune for honor it is to stand before you on this altar being. John.

VerDate Mar 15 2010 05:38 May 27, 2010 Jkt 089060 PO 00000 Frm 00015 Fmt 0626 Sfmt 0634 E:\CR\FM\A26MY8.038 E26MYPT1 tjames on DSKG8SOYB1PROD with REMARKS E956 CONGRESSIONAL RECORD — Extensions of Remarks May 26, 2010 Rudyard Kipling once wrote: ued at over $166 million and resulting in five Last year, the Society commemorated the ‘‘If you can fill the unforgiving minute new elementary schools and a new high 140th anniversary of the 1869 Avondale coal With sixty seconds’ worth of distance run school campus. His dedication to the highest mine disaster by completing a restoration Yours is the Earth and everything that’s in level of integrity and service resulted in his project at the Washburn Street Cemetery in it, distinguished recognition as the 2007 State Scranton where 60 Welsh miners were buried. And—which is more—you’ll be a Man my Superintendent of the Year by the Association Each year, the Society celebrates St. Da- son!’’ of California School Administrators for his vid’s Day on March 1 with an annual dinner in Well, from May 3Ist, 1951 until May 4th positive influences and successes in edu- honor of the patron saint of Wales and as a 2010, the Man—John Vincent Pangelinan cation, in proving that all students can suc- Gerber—ran the distance everyday and filled yearly celebration of Welsh heritage in the re- every unforgiving, unyielding minute of his ceed when high standards are set. In addition, gion. life with action, passion and commitment. Dr. Hanline’s commitment to the community in This year’s centennial celebration began on John nurtured his earth and everyone who which he serves, is evidenced by his award as March 1 with flag raisings in Carbondale and was in it, and today we Marines extend our the 2008 Citizen of the Year by the Ceres Clarks Summit, PA. collective devotion and gratitude to John for Chamber of Commerce, as a result of his suc- To commemorate this historic anniversary, having been one of us—our friend, our stand- cesses in building positive working relation- the Society has also organized a special ard-bearer and Guam’s most devoted Marine. ships between the City of Ceres and the Welsh Heritage Exhibit at the Anthracite Herit- Now, it’s a tragic misunderstanding that Ceres Unified School District, co-founding the age Museum in Scranton to promote the some may think that Marines aren’t prone CUSD Foundation to provide supplemental Welsh influence in the coal industry in north- to poetry (and don’t worry—I didn’t write educational opportunities to Ceres students one), but John Gerber was a fan of poetry— eastern Pennsylvania. his favorite poem being one of the greatest and teachers, and actively serving in the On May 29, 2010, the Society will celebrate ever written—‘‘The Marines Hymn.’’ And we Ceres community through the Ceres Commu- its 100th anniversary with a dinner and con- Marines will be coming to attention for that nity Collaborative. He has served as a mentor cert in Dickson City, PA. later today in John’s honor. But I do want to to future educational leaders through his posi- This year’s dinner and concert will feature end with a beautiful sonnet written by the tion as adjunct professor at the California the Ystradgynlais Male Voice Choir who will Anglo-American Poet John Gillespie Magee State University, Stanislaus, presenting at nu- be traveling from Wales to take part in the fes- that eulogized the laying to rest of the fa- merous education summits and workshops tivities. Catrin Brace of the Welsh Assembly mous World War I English poet Rupert throughout the United States. Government in New York will serve as the Brooke, who died on his way to the Battle of Dr. Hanline has dedicated himself for over Gallipoli. As I read it, please think of John keynote speaker. 35 years to education, as a teacher, a prin- Madam Speaker, please join me in honoring Gerber, all that he is, and all that he has cipal, and a superintendent, serving the past 9 achieved in his wonderfully productive life the St. David’s Society of Lackawanna County on earth. years as superintendent of the Ceres Unified on this historic occasion. In the years to come, School District. He has shown himself to be a ‘‘We laid him in a cool and shadowed grove I am confident they will continue to foster a One evening in the dreamy scent of thyme leader who has vision and determination to rich ethnic appreciation for the next generation Where leaves were green, and whispered high achieve the goals he sets for both the District of northeastern Pennsylvania residents. and the community for which he serves. It is above— f A grave as humble as it was sublime; my distinguished pleasure to recognize Dr. There, dreaming in the fading deeps of Walt Hanline for his achievements and to TRIBUTE TO CLAFLIN UNIVERSITY light— honor him as my friend. I wish both he and his The hands that thrilled to touch a woman’s wife, Edith, the best as they embark on this HON. JAMES E. CLYBURN hair; new chapter in their lives. OF SOUTH CAROLINA Brown eyes, that loved the Day, and looked f IN THE HOUSE OF REPRESENTATIVES on Night, A soul that found at last its answered Pray- HONORING THE 100TH ANNIVER- Wednesday, May 26, 2010 er... SARY OF THE ST. DAVID’S SOCI- Mr. CLYBURN. Madam Speaker, I rise There daylight, as a dust, slips through the ETY OF LACKAWANNA COUNTY today to pay tribute to a distinguished higher trees. education institution in South Carolina’s Sixth And drifting, gilds the fern around his HON. PAUL E. KANJORSKI Congressional District that is celebrating its grave— OF PENNSYLVANIA 140th anniversary. Claflin University, a Meth- Where even now, perhaps, the evening breeze Steals shyly past the tomb of him who gave IN THE HOUSE OF REPRESENTATIVES odist affiliated institution, was founded in 1869 New sight to blinded eyes; who sometimes Wednesday, May 26, 2010 and is the oldest historically black college in South Carolina. wept— Mr. KANJORSKI. Madam Speaker, I rise A short time dearly loved; and after,—slept.’’ In 1869, Dr. Alonzo Webster, a minister and today to ask you and my esteemed colleagues educator from Vermont, secured a charter for Rest in Peace, John. Mission Accom- in the House of Representatives to pay tribute plished. Claflin University. This charter was unique in to the 100-year anniversary of the St. David’s Semper Fidelis Marine. that it forbade the discrimination of any sort Society of Lackawanna County. among faculty, staff and students, making the f The St. David’s Society of Lackawanna college the first in South Carolina to open its County was founded in 1910 to promote, pre- IN RECOGNITION OF WALT L. doors to students regardless of race, class or serve and hold sacred the Welsh traditions of HANLINE, ED.D. gender. The school took its name from Boston Lackawanna County in northeastern Pennsyl- vania and foster friendship among all ethnic philanthropist Lee Claflin and his son, Massa- HON. DENNIS A. CARDOZA groups in the region. chusetts Governor William Claflin, who pro- OF CALIFORNIA The Society is a non-profit, non-sectarian vided the financing for the purchase of the IN THE HOUSE OF REPRESENTATIVES and non-political organization. Orangeburg campus. Dr. Webster served as Claflin’s first presi- Wednesday, May 26, 2010 Northeastern Pennsylvania has a strong Welsh tradition dating back to the 18th century dent. He was a trained theologian, who origi- Mr. CARDOZA. Madam Speaker, I rise when Welsh made up about one-third of nally came to South Carolina to teach at the today to recognize the distinguished career Pennsylvania’s colonial population. Baker Biblical Institute in Charleston, which and service of Dr. Walt L. Hanline upon his re- After the discovery of coal in the region dur- was established by the South Carolina Mission tirement as the Superintendent of the Ceres ing the 1800s, a new wave of Welsh immi- Conference of 1866 for the Methodist Epis- Unified School District. grants descended on northeastern Pennsyl- copal Church to educate African American Throughout his 35-year career, Dr. Hanline vania. By the early 20th century, Welsh-born ministers. In 1870, the Baker Biblical Institute has demonstrated an ongoing commitment to immigrants were heavily settled in the city of merged with Claflin and moved to Orange- the development of the highest standards for Scranton. burg. the education of all children, modeling through Today, Pennsylvania maintains one of the Two years later, the South Carolina General his daily interactions with staff and the com- highest populations of Welsh ancestry in the Assembly designated the South Carolina State munity his passion for doing what is right, in- country. Agricultural and Mechanical Institute as part of cluding the creation of smaller learning com- Over the past 100 years, the St. David’s So- Claflin University. Then in 1896, the General munities for Ceres students through an un- ciety of Lackawanna County has worked to Assembly voted to separate the two institu- precedented school facility building project val- preserve Welsh history throughout the region. tions, and South Carolina State became a

VerDate Mar 15 2010 05:38 May 27, 2010 Jkt 089060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\A26MY8.039 E26MYPT1 tjames on DSKG8SOYB1PROD with REMARKS May 26, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E957 separate land-grant institution on property do- Center, the Music Center and the new Univer- defend liberty. He continued his fight off the nated by Claflin adjacent to its campus. sity Chapel. battlefield as a strong supporter of veterans In its 140-year history, Claflin University has Claflin University has been recognized as and worked to get them the benefits they been served by only eight presidents. Fol- one of the nation’s Top Tier higher education earned. lowing Dr. Webster were Dr. Edward Cooke institutions by publications including U.S. Grigg’s hard work on behalf of our nation’s (1872–1884); Dr. Lewis M. Dunton (1884– News and World Report, Forbes.com, Con- veterans was noticed by people across Arkan- 1922); Dr. Joseph B. Randolph (1922–1944); sumers Digest, Chronicle of Higher Education, sas. In 2008 Governor Mike Beebe appointed Dr. John J. Seabrook (1945–1955); Dr. Hubert and the Journal of Blacks in Higher Education. him to the Governor’s Commission on Vet- V. Manning (1956–1984); Dr. Oscar A. Rog- Madam Speaker, I ask you and my col- erans Affairs. ers, Jr. (1984–1994); and Dr. Henry N. Tisdale leagues to join me in congratulating Claflin As a man who devoted his life to the United (1994–present). University on its rich 140-year history. Claflin States and our veterans, it is fitting that Cap- During Dr. Cooke’s administration, a fire de- began as a mission to educate African Amer- tain Grigg will be laid to rest with his com- stroyed the Fisk Building, which was designed ican ministers and today has become one of rades at Arlington National Cemetery. by Robert Bates, who was the first certified our country’s premier higher education institu- Black Architect in the United States. tions. I commend Dr. Tisdale and Claflin Uni- We appreciate his service to our country The first college class graduated in 1879 versity for their tremendous contributions to and our veterans appreciate his work on their under Dr. Cooke’s administration. Dr. Cooke South Carolina and its students. behalf. was succeeded by his vice president and de- f velopment officer, the Reverend Dr. Lewis f Dunton. He established a law department HONORING DALLAS POLICE CHIEF under the tutelage of the Honorable J.J. DAVID BROWN CELEBRATING THE 25TH ANNIVER- Wright, a former Associate Justice of the S.C. SARY OF THE BOB HOPE VIL- Supreme Court. The program’s graduates HON. EDDIE BERNICE JOHNSON LAGE were admitted to the South Carolina Bar. Dr. OF TEXAS Dunton also increased the campus from 6 to IN THE HOUSE OF REPRESENTATIVES HON. JEFF MILLER 21 acres. He even deeded his home and 6 Wednesday, May 26, 2010 acres of land to Claflin after his retirement. OF FLORIDA Ms. EDDIE BERNICE JOHNSON of Texas. Claflin’s fourth president, Dr. Joseph Ran- IN THE HOUSE OF REPRESENTATIVES dolph, emphasized a liberal arts education. He Madam Speaker, I rise today to recognize and Wednesday, May 26, 2010 sought to inspire students intellectually, cul- congratulate Dallas Police Department’s new Chief of Police, David Brown. A 27-year vet- turally, and spiritually to prepare them for a Mr. MILLER of Florida. Madam Speaker, I variety of professions. Under his direction, the eran of the Dallas Police Department, Chief Brown was sworn in to his new role earlier this rise to recognize the 25th anniversary of the high school and upper grades were discon- Bob Hope Village. Located in Shalimar, Flor- tinued. The first four years of elementary month. A graduate of Dallas Baptist University and ida, the Bob Hope Village has succeeded in school were retained for the teacher education Amberton University, Chief Brown has spent creating a safe and secure housing community program; however, they were later discon- his entire police career with the Dallas Police for enlisted Air Force widows. For that reason, tinued as well. Madam Speaker, I am glad to acknowledge Dr. Seabrook, who became the fifth presi- Department. He has served as police Lieuten- ant, Sergeant, Senior Corporal, Officer, Dep- the compassion demonstrated by the commu- dent, persuaded the South Carolina Annual nity’s founders. Conference to substantially increase its annual uty Chief, First Assistant Chief, Interim Dallas Assistant City Manager, and First Assistant The Bob Hope Village was a vision of active giving to Claflin. He also renewed the interest duty and retired Air Force non-commissioned of the New England Conference of the Meth- Chief. His expanse of experience within the police department will certainly serve him well officers. Upon learning that more than 50,000 odist Church in the institution. The increased enlisted Air Force widows were living in pov- funding enabled the college to expand its pro- in his role as chief. Chief Brown is a strong and dedicated man- erty due to the challenging nature of transient grams, and in 1948 it became accredited for ager who is extremely knowledgeable about military life, the group acted to create the Air the first time by the Southern Association of and dedicated to the Dallas community. A na- Force Enlisted Village in 1967. After much de- Colleges and Schools. termination and generosity, the vision of the The tenure of the sixth president, Dr. Man- tive of Oak Cliff, Chief Brown has deep con- community was finally realized, and in 1985 ning, was most noticeably marked by the sig- nections to the community he protects. He is the Bob Hope Village was opened. nificant increase in Claflin’s physical plant. He known in the department for leading innovative also strengthened the faculty and increased projects to reduce crime, and plans to con- Due to its huge success, the Bob Hope Vil- the endowment. It was during Dr. Manning’s tinue to explore new methods of crime preven- lage has built upon its original vision of pro- tenure that I was first associated with the Uni- tion. viding housing to widowers, retired military I look forward to working with Chief Brown versity. couples, parents of active duty members and Under Dr. Rogers’ administration, two cap- as he seeks to increase the visibility of the spouses of enlisted members who have died ital campaigns were completed. This in- Dallas Police Department and reduce crime. or are killed on active duty. In addition to pro- creased the endowment and improved the col- He has an important job ahead of him and I viding housing, the Village supports all sur- lege’s financial base. Student enrollment grew am confident that the dedication that has dic- viving spouses of enlisted Air Force members and the Grace Thomas Kennedy building was tated his career will continue in his new role financially—regardless of their financial status. constructed. He also commissioned a master as chief. Due to the benevolent work on the part of the plan to guide campus development into the f founders and contributors of the Bob Hope Vil- lage, many lives have been impacted. In addi- 21st century. RECOGNIZING CAPTAIN DON tion to the Bob Hope Village being a place In 1994, the current president, Dr. Henry GRIGG FOR HIS SERVICE TO OUR that provides a home and financial security for Tisdale took the helm of Claflin. He was a COUNTRY former senior vice president and chief aca- those in need; it is also a place where individ- demic officer at Delaware State University. His HON. JOHN BOOZMAN uals can find emotional comfort in sharing dedication to scholarly achievement led him to memories of military life. OF ARKANSAS declare academic excellence was the number Madam Speaker, I am so proud to represent IN THE HOUSE OF REPRESENTATIVES one priority of the institution. Dr. Tisdale es- a community of devoted citizens who have tablished the Claflin Honors College and the Wednesday, May 26, 2010 sacrificed so much for our Nation and her Center for Excellence in Science and Mathe- Mr. BOOZMAN. Madam Speaker, I rise to ideals. Through the efforts of the Bob Hope matics, and gained the national accreditation recognize Captain Don Grigg, who lived a life Village, spouses of enlisted Air Force mem- of more than a dozen academic programs. of service to his country. bers can find support and care when they Under his leadership, Masters programs in Grigg proudly served in the Vietnam War need it the most. It is with much pleasure that Business Administration, Biotechnology and where his selflessness earned him the Silver I congratulate the Bob Hope Village on its Education were established. He also oversaw Star, a Bronze Star and two Purple Hearts. 25th anniversary. Continue the good work and construction of the Living and Learning Cen- He was a veteran who always remembered I wish the community many more years of ter, Legacy Plaza, the Student Residential what an honor it was to fight for freedom and success.

VerDate Mar 15 2010 05:38 May 27, 2010 Jkt 089060 PO 00000 Frm 00017 Fmt 0626 Sfmt 0634 E:\CR\FM\A26MY8.042 E26MYPT1 tjames on DSKG8SOYB1PROD with REMARKS E958 CONGRESSIONAL RECORD — Extensions of Remarks May 26, 2010 REMEMBRANCE OF NAVY PETTY and a merchandiser for Coca-Cola before en- as one of seven children, there is no doubt OFFICER ZARIAN WOOD listing in 2006. His decision to undergo rig- that his strong character began to take root orous training to become a hospital corps- during his childhood, fully blossoming into the HON. GENE GREEN man was very much in character for him, his virtues of integrity, discipline and diligence. relatives say. General Aderholt’s illustrious career as an OF TEXAS ‘‘He was a very giving young man and my Air Force officer is filled with numerous leader- IN THE HOUSE OF REPRESENTATIVES mother taught all of us that when you have nothing to give you have yourself to give,’’ ship and command positions throughout the Wednesday, May 26, 2010 said his sister, Teresa Robertson. world. From serving as a young pilot during Mr. GENE GREEN of Texas. Madam Zarian deployed to Iraq from 2007–2008. His World War II to being assigned Commander of Speaker, I rise today to extend my deepest relatives said he volunteered for his second the United States Military Assistance Com- sympathies to the family and friends of Navy combat tour, this time a seven-month stint mand, Thailand, General Aderholt was a pa- PO Zarian Wood, who died May 16 while in Afghanistan, where he served as ‘‘Doc’’ on triot that bravely served this country for over the front lines alongside Marine infantrymen 30 years. Through his distinguished and deco- serving in Helmand Province, Afghanistan, ac- from Camp Pendleton, Calif. He was assigned cording to the Department of Defense. to India Company, 3rd Battalion, 1st Marine rated career, General Aderholt earned many Petty Officer Wood of Houston was a 1999 Regiment, 1st Marine Division, I Marine Ex- awards including the Legion of Merit with two graduate of South Houston High School who peditionary Force. oak leaf clusters, Distinguish Flying Cross with had served as a youth minister and tutor be- ‘‘He was taking care of other folks,’’ his fa- one oak leaf cluster, and the Bronze Star fore enlisting in the Navy. Known to friends ther said. ‘‘He was doing what he wanted to Medal with one oak leaf cluster. and family as a giving young man, he followed do, and he was doing it for his beliefs. He On behalf of the United States Congress, his father’s footsteps in service to his country. didn’t want younger men to have to see and Madam Speaker, I am honored to recognize do what he’d seen and done over there.’’ the life and deeds of Brigadier General Harry Petty Officer Wood was deployed to Iraq as Zarian was the third Texan and third mem- a hospital corpsman from 2007–2008 and C. Aderholt. A true patriot, a committed com- ber of this Marine battalion to be killed in munity leader and loving family man—he will upon returning home he volunteered for a sec- Afghanistan recently. Cpl. Jeffrey Johnson, ond combat tour in Afghanistan. He was as- 21, of Tomball was also killed May 11 by an be missed by many, but his memory will re- signed to India Company, as a hospital corps- improvised explosive device while on a foot main. My wife Vicki and I extended our pray- man in the Third Battalion, First Marine Regi- patrol. Sgt. Kenneth B. May Jr., 26, of Kil- ers and thoughts to the entire Aderholt family. ment, First Marine Division, I Marine Expedi- gore, also died in that attack. Johnson and f tionary Force. May served in Weapons Company. The close-knit Wood family gathered on RECOGNIZING CHIEF DAVID ROHR On May 14, 31⁄2 weeks into deployment, Tuesday to make funeral arrangements and UPON HIS RETIREMENT FROM Petty Officer Wood sustained wounds when remember the fallen corpsman. THE FAIRFAX COUNTY FIRE AND an improvised explosive device detonated dur- ‘‘He had a good heart, very outgoing, RESCUE DEPARTMENT ing foot patrol in the Helmand Province. worked out at the gym every day,’’ said his I know his father, family and friends are older brother, Zachary Wood. ‘‘He cared devastated by this loss, but they should be about his looks.’’ HON. GERALD E. CONNOLLY OF VIRGINIA proud of the great man Zarian Wood had be- ‘‘He was very meticulous about that,’’ his IN THE HOUSE OF REPRESENTATIVES come and that he died a hero while serving father said with a laugh. ‘‘He was a hand- his country. some man.’’ Wednesday, May 26, 2010 His loss will be felt by all of Houston, our WANTED TO BE A DENTIST Mr. CONNOLLY of Virginia. Madam Speak- state, and our nation, and I ask that you re- He was an honest man, too, even to the er, I rise to recognize Assistant Chief of Oper- member the family in your thoughts and pray- point of being blunt, his brother said. ations David Rohr, who is retiring from the ers. ‘‘Yeah, he’d tell you in a flat minute if you Fairfax County Fire and Rescue Department I would like to submit for the record this arti- were wrong,’’ his father said. ‘‘Then again, he’d stand up for you in a flat minute if you and will take over as Fire Chief for The City cle on Officer Wood that appeared in the were right.’’ of Fairfax Fire Department. Houston Chronicle on May 18. He said his son dreamed of going back to Native to Vienna, Va., Chief Rohr developed [From the Houston Chronicle, May 18, 2010] school someday. an interest in fire fighting at an early age. He SAILOR SERVED AS ‘‘DOC,’’ VOLUNTEERED FOR ‘‘He wanted to study radiology and then became involved with his local volunteer fire COMBAT after he got that degree, he was going to try department at the age of 16. It did not take (By Lindsay Wise) to become a dentist,’’ he said. long for Chief Rohr to realize this was to be- ‘‘He was all about living life, living life to Volunteer: Petty Officer Zarian Wood died come his life’s pursuit. Upon graduating from the fullest,’’ his brother said. high school, he began working for the Fairfax Sunday of wounds suffered in Afghanistan. Zarian was preceded in death by his moth- Before he deployed to Afghanistan last er, Nellie Sue Wood. He is survived by his fa- County Fire and Rescue Department’s Annan- month, Zarian Wood visited his father and ther, Daniel Wood, and siblings Zachary dale Station. After four years, Chief Rohr was brother for a week at their home in south Wood, Krista Hamilton, Teresa Robertson, promoted to driver and later Sergeant. Over Houston. The three men played video games, Victor Robertson and Micah Dixon. Funeral the next 18 years he continued to move up dined on steak and shrimp and lounged on arrangements are pending. camping chairs in the driveway. It was like the ranks to the position of Assistant Chief of a mini family reunion, recalled his father, f Operations. Daniel Wood. Chief Rohr is an accomplished firefighter ‘‘Just before he left, he told me, ‘Dad, take RECOGNIZING THE PASSING OF and leader in one of the finest and most re- care of yourself and everything, and I’ll be BRIG. GEN. HARRY ‘‘HEINIE’’ spected fire departments in the country. Be- back,’ ’’ he said. ADERHOLT sides its superb service in Fairfax, the depart- The 29-year-old Navy petty officer third ment has a world-class urban search and res- class from Houston died Sunday of wounds cue team that has provided critical assistance inflicted by a bomb blast during a foot patrol HON. JEFF MILLER in Helmand Province. He had only been in OF FLORIDA during the aftermaths of major catastrophes Afghanistan about 31⁄2 weeks. IN THE HOUSE OF REPRESENTATIVES such as Hurricane Katrina, the Indonesian tsu- nami, and earthquakes. The team most re- ‘‘He was a good honest Christian man,’’ Wednesday, May 26, 2010 said his father, a 63-year-old Vietnam vet- cently spent several weeks in Haiti searching eran. ‘‘He thought he went over there to help Mr. MILLER of Florida. Madam Speaker, I for victims of that devastating quake. children and help the country better itself, rise today to recognize the life of Brigadier Chief Rohr’s skills as a firefighter are and wham.’’ General Harry C. Aderholt. General Aderholt’s grounded in rigorous education as well as a The father took a shaking breath, still life of dedicated service to this country lifetime of experience. Chief Rohr earned a stunned by the news. ‘‘Ah well, he’s with the good Lord, you throughout times of conflict and times of Bachelor of Science degree in technology and know,’’ he said. peace is truly remarkable. It is a great privi- management/fire science from the University Nicknamed ‘‘Z,’’ Zarian graduated in 1999 lege to recognize him on this day. of Maryland. He is a graduate from the Na- from South Houston High School, where he’d General Aderholt was the epitome of a mili- tional Fire Academy’s executive fire officer competed on the wrestling team. tary officer, and he will always be remembered program and has also completed the Univer- YOUTH PASTOR, TUTOR for the type of man he was—a natural leader, sity of Virginia Darien Business School Senior He worked as a youth pastor and tutor for always ready to go above and beyond the call Executive Institute and Leadership Develop- troubled kids on Houston’s northeast side of duty. Growing up in Birmingham, Alabama ment Institute.

VerDate Mar 15 2010 05:38 May 27, 2010 Jkt 089060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 E:\CR\FM\A26MY8.045 E26MYPT1 tjames on DSKG8SOYB1PROD with REMARKS May 26, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E959 Although Chief Rohr is leaving the Fairfax land, in 1856, moved to Philadelphia at the Madam Speaker, on behalf of the United County Fire and Rescue Department, he will age of 17, intent on starting a newspaper. He States Congress, I proudly recognize Mr. Jeff continue to serve residents in the 11th Con- said, ‘‘For my people to make progress, they Nall as the Florida Public Relations Non Profit gressional District as the new fire chief for must have a newspaper through which they Communicator of the Year. I am grateful for Fairfax City. His reputation as an effective can speak against injustice.’’ the positive work he does to improve the lives leader made him the ideal candidate for the Perry published the first edition of the Trib- of seniors in my district. My wife Vicki and I position and he was appointed by a unani- une Weekly when he was 28. To put the wish Mr. Nall and his family all the best for the mous vote of the Fairfax City Council. debut of the one-page and one-man operation future. Madam Speaker, I ask my colleagues to join newspaper in an historical context, that same f me in thanking David Rohr for his years of year African American inventor Lewis Lattimer service to the citizens of Fairfax County and to began working for Thomas Edison, Tuskegee RECOGNIZING THE CENTENNIAL congratulate him on his new position as Fire Institute was founded by Booker T. Wash- CAMPOREE FOR THE NATIONAL Chief for the City of Fairfax. He, along with ington and Harriet Tubman was still alive. CAPITAL AREA COUNCIL OF THE first responders in every community, are de- After Perry died in 1921, the leadership of the BOY SCOUTS OF AMERICA AND serving of our deepest respect and gratitude. newspaper passed to his son-in-law, E. Wash- THE 100TH ANNIVERSARY OF THE BOY SCOUTS f ington Rhodes. From 1922 to 1970, Rhodes was at the IN RECOGNITION OF THE FOR helm of the newspaper as publisher. An attor- HON. GERALD E. CONNOLLY PROFIT COMMUNICATOR OF THE ney, Rhodes was also an assistant U.S. Attor- OF VIRGINIA YEAR AWARD RECIPIENT ney for the Eastern District, appointed by IN THE HOUSE OF REPRESENTATIVES President Calvin Coolidge. He was the first Wednesday, May 26, 2010 HON. JEFF MILLER Black to be appointed to that position. Addi- OF FLORIDA tionally, he served as president of the National Mr. CONNOLLY of Virginia. Madam Speak- er, I rise to recognize the National Capital IN THE HOUSE OF REPRESENTATIVES Bar Association; was elected to the Pennsyl- vania House of Representatives in 1938; and, Area Council of the Boy Scouts of America Wednesday, May 26, 2010 was president of the National Publishers Asso- and to extend my congratulations on the occa- Mr. MILLER of Florida. Madam Speaker, I ciation (NNPA), a national trade organization sion of the 100-year anniversary of the Boy rise to congratulate Ms. Jessica Morris upon of African American owned newspapers. Scouts of America. This month also marks the receiving the For Profit Communicator of the Over the past decades, committed to the Centennial Camporee for the National Capital Year Award from the Pensacola chapter of the newspaper’s mission as stated by Perry, the Area Council, ‘‘Scouting in Action, A Century Florida Public Relations Association. The peo- Tribune has been led by Eustace Gay, John of Values.’’ Thousands of attendees will par- ple of Northwest Florida and International Saunders, Alfred Morris and Waverly Easley. ticipate in the 2010 Camporee which will be Paper have greatly benefited from Jessica’s And today, under the leadership of Chairman held in Goshen, Virginia. dedication to her work. Walter Livingston, Jr., and President/CEO The Boy Scouts were founded in the United Ms. Morris is highly deserving of the For Robert Bogle, the Tribune newspaper con- States on February 8, 1910, by William D. Profit Communicator of the Year award for her tinues to expand and has been the recipient of Boyce when he incorporated the Boy Scouts ability to balance the unique needs of her job numerous national awards including the of America. The Boy Scouts of America instills as Communications Manager to International NNPA’s John B. Russwurm Award for ‘‘Best in young Americans the values and traits of Paper, located in Pensacola, Florida. Not only Newspaper in America Award and the A. Phil- being a good citizen. After 100 years of scout- does Ms. Morris effectively fulfill her respon- lip Randolph ‘‘Messenger Award.’’ ing, these founding principles have guided sibilities of communicating with the mill’s 530 President Bogle stresses that after 125 over 100 million Boy Scouts to be trustworthy, employees, she routinely connects employees years the mission of the Philadelphia Tribune loyal, helpful, friendly, courteous, kind, obe- through a weekly employee newsletter of her has not changed very much. ‘‘For 125 years dient, cheerful, thrifty, brave, clean and rev- own creation. Moreover, she goes the extra the Tribune has been the voice of those who erent. mile to reach the public. Ms. Morris has spent would have been voiceless.’’ And, for that rea- The National Capital Area Council has a a great deal of time ensuring that the environ- son today Madam Speaker, I salute the proud distinguished history within the Boy Scouts. Its mental concerns and contributions of Inter- history, advocacy and courage of the Philadel- predecessor, the District of Columbia Council national Paper are known throughout North- phia Tribune. The Tribune is an historic trail- was the first area Council for the Boy Scouts west Florida. blazer whose light continues to lead on the of America. In 1913, the DC Council was rec- Madam Speaker, on behalf of the United path to justice and equality for the voiceless. ognized by President Woodrow Wilson for its States Congress, I proudly recognize Ms. Jes- f service during his Presidential inauguration, sica Morris as the Florida Public Relations For which began a tradition of Boy Scout involve- Profit Communicator of the Year. Her stead- IN RECOGNITION OF THE NON ment in presidential inaugurations. With the fast work ethic and creative ideas have bene- PROFIT COMMUNICATOR OF THE addition of Arlington, the District of Columbia fitted many in my district. My wife Vicki and I YEAR AWARD RECIPIENT Council was reorganized and renamed the Na- wish Ms. Morris and her loved ones all the tional Capital Area Council. best for the future. HON. JEFF MILLER The link between citizenship and scouting, f OF FLORIDA combined with strong leadership and proximity IN THE HOUSE OF REPRESENTATIVES to the Federal Government, has enabled the A TRIBUTE TO THE PHILADELPHIA National Capital Area Council to be a leader PRIME MOVERS PROGRAM AND Wednesday, May 26, 2010 within the Boy Scouts of America organization. ACEL MOORE Mr. MILLER of Florida. Madam Speaker, I This Council is now one of the largest in the rise to congratulate Mr. Jeff Nall upon receiv- country and is comprised of troops from 10 HON. ROBERT A. BRADY ing the Non Profit Communicator of the Year counties in Northern Virginia, six counties in OF PENNSYLVANIA Award from the Pensacola chapter of the Flor- Maryland, and the District of Columbia. IN THE HOUSE OF REPRESENTATIVES ida Public Relations Association. The influence and importance of scouting Mr. Jeff Nall frequently goes above and be- cannot be overstated. Scouting instills and re- Wednesday, May 26, 2010 yond his responsibilities as the Vice President inforces strong character traits such as com- Mr. BRADY of Pennsylvania. Madam of Communications and Marketing for the mitment to the community, value of working to Speaker, I rise to honor the Philadelphia Trib- Council on Aging of West Florida. To achieve achieve a goal, discipline and honesty. Scout- une, the oldest, continuously published African the Council’s mission of educating the commu- ing alumni include world leaders in virtually American owned newspaper in the nation. For nity to the unique needs of seniors, Mr. Nall every field: Politics, medicine, entertainment, 125 years the Tribune has chronicled the Afri- utilizes an assortment of media tactics. His in- sports, and science. can American story while also being an impor- novative techniques include a weekly tele- Madam Speaker, I ask that my colleagues tant part of that story. vision show geared toward seniors and month- join me in congratulating the Boy Scouts of The Tribune was founded in 1884 by Chris- ly email newsletters. Due to his proactive ap- America on the occasion of their 100th anni- topher Perry only 19 years after the end of the proaches to reaching the public, many senior versary as well as in extending our best wish- U.S. Civil War. Perry, born in Baltimore, Mary- residents have benefitted. es for a successful and fun filled Camporee. I

VerDate Mar 15 2010 05:38 May 27, 2010 Jkt 089060 PO 00000 Frm 00019 Fmt 0626 Sfmt 9920 E:\CR\FM\K26MY8.010 E26MYPT1 tjames on DSKG8SOYB1PROD with REMARKS E960 CONGRESSIONAL RECORD — Extensions of Remarks May 26, 2010 also would like express my deep appreciation Attorney from 1983 until his election to the willing to help those in need, both at home to the troop leaders and parents for their com- City Council in 1995. He was San Ramon and around the world. mitment to teaching our youth the skills and Mayor from 1998 to 1999. He returned to the Madam Speaker, I ask my colleagues to join values that will serve them well throughout City Attorney post from 2004 until he retired in me in recognizing the contributions of Devel- their lives. October of 2009 at age 91 as one of the most opment in Gardening and, particularly, the ef- f experienced practicing attorneys in California. forts of Lani Furbank and Kevin Hargrove. By Byron lived life with a passion for explo- supporting sustainable micro-economic devel- IN RECOGNITION OF THE CRISIS ration and adventure. Byron finished the mara- opment projects, we invest in the continued COMMUNICATOR OF THE YEAR thon in Greece based on the original com- well being of others. We provide the tools and AWARD RECIPIENT pleted by the ancient Greek Pheidippides, as education for people to be self-sufficient and well as races in San Francisco and Hawaii. live in dignity. HON. JEFF MILLER His spirit did not diminish with time. He cele- f OF FLORIDA brated his 90th birthday with a 100-mile bike IN RECOGNITION OF THE SERVICE IN THE HOUSE OF REPRESENTATIVES ride. Byron’s years of service to his community OF DAVID ‘‘DAVE’’ O. MILLER Wednesday, May 26, 2010 touched the lives of many and improved the Mr. MILLER of Florida. Madam Speaker, I quality of life in San Ramon. He led by exam- HON. JEFF MILLER rise to congratulate Ms. Sonya Daniel upon re- ple and in the words of former San Ramon OF FLORIDA ceiving the Crisis Communicator of the Year Mayor Diane Schinnerer, ‘‘he is known and re- IN THE HOUSE OF REPRESENTATIVES Award from the Pensacola chapter of the Flor- spected for his honesty, integrity, work ethic, Wednesday, May 26, 2010 ida Public Relations Association. and knowledge of the law.’’ Athan Downs Park In her role as the Public Information Officer in San Ramon, is dedicated in Mr. Athan’s Mr. MILLER of Florida. Madam Speaker, it for Escambia County, Ms. Sonya Daniel is re- honor because of his successful advocacy for is with great honor that I rise today in recogni- sponsible for disseminating vital information to parkland in the city. tion of the service of David O. Miller from the the public during times of crisis. During trop- Byron Athan’s dedication to public service Protocol Office of the Air Armament Center, ical storms and hurricanes Ms. Daniel has re- leaves a legacy that will continue to benefit Eglin Air Force Base, Florida. Mr. Miller retires mained calm and levelheaded. Amidst panic, the people of San Ramon, the state of Cali- today after 49 years total federal service, 28 she effectively relayed important information to fornia and our great nation for generations to years in the United States Air Force and 21 residents of Escambia County on how to pre- come. It is for these reasons that Congress- years of Civilian Service. I am proud to recog- pare and respond to crises. She was recog- man JOHN GARAMENDI and I ask our col- nize his vast contributions to national security nized by the Florida Public Relations Associa- leagues to join us in honoring the memory of through his humble service to this great Nation tion for her streamline approach to commu- Byron Athan and in sending our thoughts and in the United States Air Force, both as a nicating with the media. Ms. Daniel is known prayers to his beloved family and friends. member of active duty as well as a civil serv- ant. for utilizing all the resources of local media to f reach concerned citizens as quickly as pos- Mr. Miller is a native of Loris, South Caro- sible. RECOGNIZING THE WORK OF LANI lina. He graduated from Loris High School in Madam Speaker, on behalf of the United FURBANK AND KEVIN HARGROVE June 1962, and began his military career with States Congress, I proudly recognize Mr. TO ORGANIZE ‘‘A HAND UP, NOT the United States Air Force in September, Sonya Daniel as the Florida Public Relations A HAND OUT’’ BENEFIT CONCERT 1962. He later attended the University of Crisis Communicator of the Year. I am grateful FOR AFRICA Tampa and the El Paso and Pike’s Peak com- for the work she does to inform the residents munity colleges. In his military career, he first of my district of critical information. My wife HON. GERALD E. CONNOLLY served as an Administrative Apprentice and Vicki and I wish Ms. Daniel and her family all OF VIRGINIA retired as a Senior Master Sergeant in Feb- the best for the future. IN THE HOUSE OF REPRESENTATIVES ruary 1991. f The United States Air Force has been in ex- Wednesday, May 26, 2010 istence more than six decades and Mr. Miller IN MEMORY OF BYRON ATHAN Mr. CONNOLLY of Virginia. Madam Speak- has been serving her for almost five decades er, I rise to recognize ‘‘A Hand Up, Not a beginning in 1962. He began his protocol ca- HON. JERRY McNERNEY Hand Out’’ Benefit Concert for Africa. This reer in 1976 when General Chappie James di- OF CALIFORNIA Benefit Concert will raise money for sustain- rected the establishment of the first protocol IN THE HOUSE OF REPRESENTATIVES able investments in Africa through the Devel- office at Peterson Air Force Base, Colorado. opment in Gardening charity organization. Mr. Miller was one of three people chosen to Wednesday, May 26, 2010 Development in Gardening seeks to improve establish the organization. His outstanding Mr. MCNERNEY. Madam Speaker, today the health and well being for HIV-positive and performance in the protocol field eventually led Congressman JOHN GARAMENDI and I ask our other at-risk individuals in developing nations. to General Gregory Martin, Commander, Air colleagues to join us in honoring the life of This is accomplished by teaching the skills Force Materiel Command, honoring him for Byron Athan, who passed away at age 91 on and providing the infrastructure to create sus- superior performance in his duties by award- November 25, 2009. tainable community gardens, thereby empow- ing him the Commander’s Recognition Award Byron Athan was passionate about public ering people to improve both their nutrition in 2004. Mr. Miller was the second person to service. He dedicated his life to serving his and earning potential. The program reaches receive this award. country and community for over 68 years and out to orphanages, hospitals and outpatient fa- After retiring as a Senior Master Sergeant Byron started his unique and distinguished ca- cilities to install micro gardens that provide not following 28 years of active duty service in the reer by joining the U.S. Army. He later be- only a steady source of healthy, fresh vegeta- United States Air Force, Mr. Miller began his came a fixture in the San Ramon Valley, au- bles but a sense of community and purpose. civilian federal service career in 1991 as a thoring the City of San Ramon’s Charter and It focuses on improved nutrition, food security, protocol assistant with the Protocol Office of later serving in city government in multiple ca- micro-enterprise development, home garden the Air Armament Center at Eglin Air Force pacities including as Mayor and City Attorney. extension, personal empowerment, and social Base. Throughout his career, Mr. Miller dem- Byron Athan joined the Army in 1941 and change. onstrated superior performance as a compas- retired in 1964 at the rank of Lieutenant Colo- This benefit concert is anticipated to raise sionate leader driven by a tremendous sense nel. He served during WWII in the Pacific The- $5,000 to fund the program’s ongoing efforts. of purpose. He pursued excellence each day ater. Other assignments included tours in post I would like to commend Lani Furbank and at the Air Armament Center, contributing im- war Germany and Japan, as well as assign- Kevin Hargrove for their commitment to help- mensely to its mission success. He consulted ments in Fort Lee and Fort Belvoir, Virginia, ing those in need. Lani and Kevin have orga- on protocol matters to ten Eglin center com- Ft. Leavenworth, Kansas, and at the Pentagon nized this event, which will result in the better- manders, all of whom were charged with lead- as a member of the Army Staff. ment of countless lives in Africa. Residents of ing the world’s largest Air Force Base. With Bryon Athan was vital to the incorporation of Northern Virginia have a strong record of com- Eglin being one of the most visited military fa- the City of San Ramon in 1983. He wrote the munity involvement and charitable giving. I am cilities in the Department of Defense, Mr. Mil- City Charter and served as San Ramon City honored to represent a district that is always ler tirelessly contributed to a team of round-

VerDate Mar 15 2010 05:38 May 27, 2010 Jkt 089060 PO 00000 Frm 00020 Fmt 0626 Sfmt 9920 E:\CR\FM\K26MY8.011 E26MYPT1 tjames on DSKG8SOYB1PROD with REMARKS May 26, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E961 the-clock-protocol support, decade after dec- In this respect, I can certainly appreciate the MEETINGS SCHEDULED ade. From meeting aircraft with dignitaries on support for legislation such as H.R. 2546. MAY 28 the flight line in the early hours to planning However, I take exception with this matter 9:30 a.m. and directing social functions at the general’s coming before Congress, since this body has Armed Services residence into the late evening, Mr. Miller no Constitutional authority to impose such a Closed business meeting to continue upheld the rules of decorum for tasks small mandate on the private sector. Indeed, mat- markup of the proposed National De- and large with professionalism and enthu- ters such as this are best left to the discretion fense Authorization Act for fiscal year siasm. of local governments or civic associations. 2011. The most notable example of Mr. Miller’s Allowing Congress to possess this type of SR–222 authority could ultimately lead to more con- exceptional commitment to seeing to the JUNE 8 needs of Eglin airmen, civilians and family troversial proposals. Certainly there would be members at large was during a memorial serv- great objections raised if Congress sought to 10 a.m. Health, Education, Labor, and Pensions ice attended by more than five thousand peo- prohibit homeowners’ association policies pre- venting the display of the Confederate flag or Children and Families Subcommittee ple. This was held on base to reflect upon the To hold hearings to examine the state of twelve fallen Airmen from the 33rd Fighter nativity scenes. On the other hand, one must wonder whether Congress could one day pro- American children. Wing at Eglin Air Force Base who were killed SD–430 in the Dhahran Air Base bombing of the hibit speech of the minority which our Found- Kohbar Towers in Saudi Arabia in June, 1996. ing Fathers so vehemently sought to protect. JUNE 9 Our Constitution established a set of enu- The memorial, organized by Mr. Miller and merated powers to prevent Congress from 2 p.m. held a few days after the bombing, was recog- seizing illegitimate powers. Despite the best of Judiciary nized as ‘‘an absolutely flawless ceremony Antitrust, Competition Policy and Con- intentions, the rule of law rightly supersedes and an outstanding tribute to our fallen war- sumer Rights Subcommittee congressional desires to respond to the pas- To hold an oversight hearing to examine riors,’’ by the Air Force Development Test sions of the moment. Doing otherwise would Center Commander. Mr. Miller was awarded the enforcement of the antitrust laws. set a precedent, opening the flood gates to fu- SD–226 the Exemplary Civilian Service Award for his ture policies considerably more problematic 3 p.m. work. than the one before us today. Energy and Natural Resources He is married to the former Carmen Sue The framers of the Constitution envisioned a Water and Power Subcommittee Brown of Dublin, Georgia, and they have one nation composed of states empowered to gov- To hold hearings to examine S. 2891, to son, Michael, who resides in Denver, Colo- ern according to the will of the people, with a further allocate and expand the avail- rado. Federal Government tasked with limited re- ability of hydroelectric power gen- Madam Speaker, on behalf of the United erated at Hoover Dam, S. 2779 and H.R. sponsibilities and powers. As the 10th amend- 3671, bills to promote Department of States Congress, I am proud to recognize Mr. ment states so clearly, ‘‘the powers not dele- the Interior efforts to provide a sci- David O. Miller for his excellent leadership and gated to the United States by the Constitution, entific basis for the management of service to the United States Air Force both as nor prohibited by it to the States, are reserved sediment and nutrient loss in the a military member and civil servant. His dedi- to the States respectively, or to the people.’’ Upper Mississippi River Basin, S. 3387, cation to our Nation is most deserving of this to provide for the release of water from Each time the Federal Government, even with the marketable yield pool of water recognition. From all the constituents of Flor- the finest motivations, intrudes into the juris- stored in the Ruedi Reservoir for the ida’s First Congressional District, I would like diction of the States and the people of Amer- benefit of endangered fish habitat in to congratulate him on his retirement and wish ica, the Constitution is further undermined and the Colorado River, and for other pur- him well in his future endeavors. the erosion of liberty continues apace. pose, S. 3404, to amend the Reclama- Good intentions were never meant to stand tion Projects Authorization and Ad- f justment Act of 1992 to require the Sec- in for constitutional governance. Congress BLUE STAR/GOLD STAR FLAG ACT retary of the Interior, acting through must rein in its tendency to legislate solutions the Bureau of Reclamation, to take ac- OF 2009 to even the smallest of ‘‘problems’’ that would tions to improve environmental condi- be better left to local problem-solvers in either tions in the vicinity of the Leadville SPEECH OF local government or private citizen associa- Mine Drainage Tunnel in Lake County, Colorado, and H.R. 4252, to direct the HON. VIRGINIA FOXX tions. With each passing usurpation of the Secretary of the Interior to conduct a OF NORTH CAROLINA rights of State and local governments and with study of water resources in the Rialto- IN THE HOUSE OF REPRESENTATIVES each imposition of a federal one-size-fits-all Colton Basin in the State of California. ‘‘solution,’’ Congress dilutes the strength of SD–366 Wednesday, May 19, 2010 federalism and pushes our nation closer to de- Ms. FOXX. Madam Speaker, it is no coinci- pendency upon a power-hungry central gov- JUNE 10 dence that the greatest country in the history ernment. 10 a.m. of civilization also happens to have the world’s f Homeland Security and Governmental Af- finest military. The strength and caliber of our fairs SENATE COMMITTEE MEETINGS State, Local, and Private Sector Prepared- military results from a variety of factors, not Title IV of Senate Resolution 4, the least of which is the way in which our gov- ness and Integration Subcommittee agreed to by the Senate on February 4, To hold hearings to examine assessing ernment provides for the veterans and their 1977, calls for establishment of a sys- the effects of the Deepwater Horizon families who have sacrificed so much. Indeed, tem for a computerized schedule of all oil spill on states, localities and the my love and passion for supporting America’s meetings and hearings of Senate com- private sector. veterans is second-to-none. mittees, subcommittees, joint commit- SD–342 Wednesday, May 19, the House passed tees, and committees of conference. H.R. 2546, the Blue Star/Gold Star Flag Act of This title requires all such committees JUNE 16 to notify the Office of the Senate Daily 9:30 a.m. 2009 by voice vote. This legislation would im- Digest—designated by the Rules Com- pose a federal prohibition against a home- mittee—of the time, place, and purpose Veterans’ Affairs owners’ association policy preventing resi- To hold hearings to examine veterans’ of the meetings, when scheduled, and claims processing, focusing on if cur- dents from displaying a Service flag on or any cancellations or changes in the rent efforts are working. around their homes. This proposal is a re- meetings as they occur. SR–418 sponse to an incident in which a homeowners’ As an additional procedure along association prevented an Ohio woman from with the computerization of this infor- JUNE 17 mation, the Office of the Senate Daily displaying a Service flag honoring her son 9:30 a.m. who served in Operation Desert Storm and Digest will prepare this information for printing in the Extensions of Remarks Armed Services again in 2003 in Iraq. Although the home- section of the CONGRESSIONAL RECORD To hold hearings to examine the New owners’ association ultimately made an excep- on Monday and Wednesday of each Strategic Arms Reduction Treaty tion in this circumstance, such policies are of- week. (START) and the implications for na- fensive to many Americans, such as myself, tional security programs. Meetings scheduled for Thursday, SD–106 who hold such great affection for our country’s May 27, 2010 may be found in the Daily cherished service members and veterans. Digest of today’s RECORD.

VerDate Mar 15 2010 05:38 May 27, 2010 Jkt 089060 PO 00000 Frm 00021 Fmt 0626 Sfmt 8472 E:\CR\FM\K26MY8.018 E26MYPT1 tjames on DSKG8SOYB1PROD with REMARKS Wednesday, May 26, 2010 Daily Digest Senate Wyden/Grassley Amendment No. 4183, to estab- Chamber Action lish as a standing order of the Senate that a Senator Routine Proceedings, pages S4397–S4472 publicly disclose a notice of intent to objecting to Measures Introduced: Seven bills and one resolu- any measure or matter. Page S4398 tion were introduced, as follows: S. 3425–3431, and Feingold Amendment No. 4204, to require a plan S. Res. 540. Pages S4441–42 for safe, orderly, and expeditious redeployment of the United States Armed Forces from Afghanistan. Measures Passed: Page S4398 National Hereditary Hemorrhagic McCain Amendment No. 4214, to provide for the Telangiecstasia (HHT) Month: Committee on National Guard support to secure the southern land Health, Education, Labor, and Pensions was dis- border of the United States. Pages S4398, S4422–24 charged from further consideration of S. Res. 508, Cornyn Modified Amendment No. 4202, to make recognizing June 2010 as National Hereditary Hem- appropriations to improve border security, with an orrhagic Telangiecstasia (HHT) month established to offset from unobligated appropriations under division increase awareness of HHT, which is a complex ge- A of Public Law 111–5. Pages S4398, S4422–24 netic blood vessel disorder that affects approximately Lautenberg Modified Amendment No. 4175, to 70,000 people in the United States, and the resolu- provide that parties responsible for the Deepwater tion was then agreed to. Pages S4469–70 Horizon oil spill in the Gulf of Mexico shall reim- National Brain Tumor Awareness Month: Com- burse the general fund of the Treasury for costs in- mittee on the Judiciary was discharged from further curred in responding to that oil spill. Page S4398 consideration of S. Res. 537, designating May 2010 Cardin Amendment No. 4191, to prohibit the use as ‘‘National Brain Tumor Awareness Month’’, and of funds for leasing activities in certain areas of the the resolution was then agreed to. Page S4470 outer Continental Shelf. Page S4398 National Small Business Week: Senate agreed to Kyl/McCain Modified Amendment No. 4228 (to S. Res. 540, honoring the entrepreneurial spirit of Amendment No. 4202), to appropriate small businesses in the United States during ‘‘Na- $200,000,000 to increase resources for the Depart- tional Small Business Week’’, beginning May 23, ment of Justice and the Judiciary to address illegal 2010. Pages S4470–71 crossings of the Southwest border, with an offset. Pages S4398, S4419–20 Measures Considered: Coburn/McCain Amendment No. 4232, to pay for Emergency Supplemental Appropriations Act— the costs of supplemental spending by reducing Con- Agreement: Senate continued consideration of H.R. gress’ own budget and disposing of unneeded Federal 4899, making emergency supplemental appropria- property and uncommitted Federal funds. tions for disaster relief and summer jobs for the fis- Pages S4398, S4406–09, S4424–28 cal year ending September 30, 2010, taking action Coburn/McCain Modified Amendment No. 4231, on the following amendments proposed thereto: to pay for the costs of supplemental spending by re- Pages S4398–S4437 ducing waste, inefficiency, and unnecessary spending Pending: within the Federal Government. Reid Amendment No. 4174, to provide collective Pages S4398, S4406–09, S4424–28 bargaining rights for public safety officers employed Landrieu/Cochran Amendment No. 4179, to allow by States or their political subdivisions. the Administrator of the Small Business Administra- Pages S4398, S4416 tion to create or save jobs by providing interest relief Sessions/McCaskill Amendment No. 4173, to es- on certain outstanding disaster loans relating to tablish 3-year discretionary spending caps. damage caused by the 2005 Gulf Coast hurricanes or Pages S4398, S4409–10 the 2008 Gulf Coast hurricanes. Page S4398 D602

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Landrieu Amendment No. 4180, to defer pay- Schumer, or their designees, with respect to border ments of principal and interest on disaster loans re- security related amendments; and that after the first lating to the Deepwater Horizon oil spill. Page S4398 vote in this sequence, the succeeding votes be lim- Landrieu Modified Amendment No. 4184, to re- ited 10 minutes each; and that after the first vote, quire the Secretary of the Army to maximize the there be 2 minutes, equally divided in the usual placement of dredged material available from main- form, prior to the succeeding votes; and that no tenance dredging of existing navigation channels to amendments be in order to the amendments covered mitigate the impacts of the Deepwater Horizon Oil in this agreement, other than as identified in this spill in the Gulf of Mexico at full Federal expense. agreement; that if a budget point of order is raised Page S4398 against the border security amendments, then a mo- Landrieu Amendment No. 4213, to provide au- tion to waive the applicable budget point of order thority to the Secretary of the Interior to imme- be considered made; and Senate vote on the motion diately fund projects under the Coastal Impact As- to waive the applicable budget point of order; that sistance Program on an emergency basis. Page S4398 if the waivers are successful, then the amendments Landrieu Amendment No. 4182, to require the be agreed to; that if the waivers fail, then the Secretary of the Army to use certain funds for the amendments be withdrawn; that upon disposition of construction of authorized restoration projects in the above referenced amendments, Senate then consider Louisiana coastal area ecosystem restoration program. Feingold Amendment No. 4204 (listed above), and Page S4398 Landrieu Amendment No. 4234, to establish a Coburn/McCain Modified Amendment No. 4231 program, and to make available funds, to provide (listed above) and Coburn/McCain Amendment No. technical assistance grants for use by organizations in 4232 (listed above), and that they be debated con- assisting individuals and businesses affected by the currently for a total of 15 minutes, prior to a vote Deepwater Horizon oil spill in the Gulf of Mexico. on or in relation thereto, with 5 minutes each under Page S4398 the control of Senators Feingold, Coburn and Inouye, Ensign/Reid Amendment No. 4229, to prohibit or their designees; that no amendment be in order the transfer of C–130 aircraft from the National to these amendments prior to the votes; that upon Guard to a unit of the Air Force in another State. the use or yielding back of time, Senate vote on or Page S4405 in relation to the amendments in the order listed; Ensign/Reid Modified Amendment No. 4230, to provided that the pending committee reported sub- establish limitations on the transfer of C–130H air- stitute amendment not be subject to any rule 16 craft from the National Guard to a unit of the Air point of order; that upon the disposition of these Force in another State. Pages S4405–06, S4421–22 amendments, Senate vote on the motion to invoke Isakson/Chambliss Amendment No. 4221, to in- cloture on the committee-reported substitute amend- clude the 2009 flooding in the Atlanta area as a dis- ment; provided further, that the filing deadline for aster for which certain disaster relief is available. second-degree amendments be 11 a.m. Page S4406 Pages S4435, S4471 Collins Amendment No. 4253, to prohibit the Nominations Received: Senate received the fol- imposition of fines and liability under certain final lowing nominations: rules of the Environmental Protection Agency. Matthew J. Bryza, of Illinois, to be Ambassador to Pages S4410–16 the Republic of Azerbaijan. Menendez Amendment No. 4289 (to Amendment Mark Charles Storella, of Maryland, to be Ambas- No. 4174), to require oil polluters to pay the full sador to the Republic of Zambia. cost of oil spills. Pages S4416–19 A unanimous-consent-time agreement was reached 2 Army nominations in the rank of general. providing that on Thursday, May 27, 2010, after any Page S4472 Leader time, Senate continue consideration of the Messages from the House: Page S4441 bill, and continue consideration of the following Measures Referred: Page S4441 amendments in the order listed: McCain Amend- ment No. 4214 (listed above), Kyl/McCain Modified Measures Placed on the Calendar: Amendment No. 4228 (to Amendment No. 4202) Pages S4397, S4441 (listed above), Cornyn Modified Amendment No. Executive Reports of Committees: Page S4441 4202 (listed above), as amended, if amended; and Additional Cosponsors: Pages S4442–44 that the Cornyn amendment be further modified with the changes at the desk; that there be a total Statements on Introduced Bills/Resolutions: of 20 minutes for debate, with the time divided 5 Pages S4444–46 minutes each to Senators McCain, Kyl, Cornyn and Additional Statements: Pages S4440–41

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Amendments Submitted: Pages S4446–68 (NAD), Sioux Falls, South Dakota, and Russell Har- Notices of Intent: Pages S4468–69 vard, Austin, Texas, both on behalf of the Coalition of Organizations for Accessible Technology (COAT); Notices of Hearings/Meetings: Page S4469 Thomas Wlodkowski, AOL Inc., Dulles, Virginia; Authorities for Committees to Meet: Page S4469 Walter B. McCormick, Jr., United States Telecom Privileges of the Floor: Page S4469 Association, Washington, D.C., and Brian K. Pearce, Mechanicsville, Virginia. Recess: Senate convened at 9:30 a.m. and recessed at 7:36 p.m., until 9:30 a.m. on Thursday, May 27, NOMINATIONS 2010. (For Senate’s program, see the remarks of the Committee on Finance: Committee concluded a hearing Acting Majority Leader in today’s Record on page to examine the nominations of Joshua Gotbaum, of S4471.) the District of Columbia, to be Director of the Pen- sion Benefit Guaranty Corporation, and Richard Committee Meetings Sorian, of New York, to be Assistant Secretary of Health and Human Services, after the nominees tes- (Committees not listed did not meet) tified and answered questions in their own behalf. FOREST SERVICE AND INTERIOR FIRE SUDAN FIGHTING POLICY Committee on Foreign Relations: Subcommittee on Afri- Committee on Appropriations: Subcommittee on Inte- can Affairs concluded a hearing to examine assessing rior, Environment, and Related Agencies concluded challenges and opportunities for peace in Sudan, after a hearing to examine firefighting policy with the receiving testimony from Katherine J. Almquist, U.S. Forest Service and the Department of the Inte- National Defense University Africa Center for Stra- rior, after receiving testimony from Representative tegic Studies, Alison Giffen, Henry L. Stimson Cen- Schiff; Tom Tidwell, Chief, Forest Service, Depart- ter, and Anne C. Richard, International Rescue ment of Agriculture; and Mike Poole, Deputy Direc- Committee, all of Washington, D.C.; and David tor, Bureau of Land Management, Department of the Mozersky, Humanity United, Redwood City, Cali- Interior. fornia. AUTHORIZATION: DEFENSE BUSINESS MEETING Committee on Armed Services: Subcommittee on Committee on Health, Education, Labor, and Pensions: SeaPower met in a closed session and approved for Committee ordered favorably reported the following full committee consideration, those provisions which business items: fall within the jurisdiction of the subcommittee, of S. 2781, to change references in Federal law to the proposed National Defense Authorization Act for mental retardation to references to an intellectual fiscal year 2011. disability, and to change references to a mentally re- tarded individual to references to an individual with AUTHORIZATION: DEFENSE an intellectual disability, with an amendment in the Committee on Armed Services: Committee began consid- nature of a substitute; and eration of the proposed National Defense Authoriza- The nominations of David K. Mineta, of Cali- tion Act for fiscal year 2011, but did not complete fornia, to be Deputy Director for Demand Reduc- action thereon, and will meet again on Thursday, tion, Office of National Drug Control Policy, and May 27, 2010. Adam Gamoran, of Wisconsin, Deborah Loewenberg AMERICANS WITH DISABILITES ACT Ball, of Michigan, Margaret R. McLeod, of the Dis- trict of Columbia, and Bridget Terry Long, of Mas- Committee on Commerce, Science, and Transportation: Sub- sachusetts, all to be a Member of the Board of Direc- committee on Communications and Technology con- tors of the National Board for Education Sciences. cluded a hearing to examine innovation and inclu- sion, focusing on the Americans with Disabilities NOMINATION Act at 20, including H.R. 3101, to ensure that indi- Committee on Indian Affairs: Committee concluded a viduals with disabilities have access to emerging hearing to examine the nomination of Tracie Stevens, Internet Protocol-based communication and video of Washington, to be Chairman of the National In- programming technologies in the 21st Century, and dian Gaming Commission, after receiving testimony S. 3304, to increase the access of persons with dis- from Brian Cladoosby, Swinomish Indian Tribal abilities to modern communications, after receiving Community, LaConner, Washington, after the nomi- testimony from Representative Markey (MA); Bobbie nee testified and answered questions in her own be- Beth Scoggins, National Association of the Deaf half.

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LINE-ITEM VETO PROPOSALS gerous advice, after receiving testimony from Greg- Committee on the Judiciary: Subcommittee on the Con- ory D. Kutz, Managing Director, Forensic Audits stitution concluded a hearing to examine the legality and Special Investigations, Government Account- and efficacy of line-item veto proposals, after receiv- ability Office; Joshua M. Sharfstein, Principal Dep- ing testimony from Senator Carper; Jeffrey B. uty Commissioner, Food and Drug Administration, Liebman, Acting Deputy Director, Office of Manage- Department of Health and Human Services; Tod ment and Budget; and Ryan Alexander, Taxpayers Cooperman, ConsumerLab.com, LLC, White Plains, for Common Sense (TCS), Charles J. Cooper, Cooper New York; Charles Bell, Consumers Union, Yonkers, & Kirk, PLLC, and Alison Acosta Fraser, The Herit- New York; and Steve Mister, Council for Respon- age Foundation, all of Washington D.C. sible Nutrition, Washington, D.C., on behalf of the DIETARY SUPPLEMENTS American Herbal Products Association (AHPA), Consumer Healthcare Products Association (CHPA), Special Committee on Aging: Committee concluded a Council for Responsible Nutrition (CRN), Natural hearing to examine dietary supplements, focusing on Products Association (NPA), and United Natural what seniors need to know, and deceptive or ques- Products Alliance (UNPA). tionable marketing practices and potentially dan- h House of Representatives Speaker: Read a letter from the Speaker wherein she Chamber Action appointed Representative Jackson (IL) to act as Public Bills and Resolutions Introduced: 19 pub- Speaker pro tempore for today. Page H3827 lic bills, H.R. 5402–5420; and 8 resolutions, H.J. Suspensions: The House agreed to suspend the rules Res. 87; H. Con. Res. 281; and H. Res. 1397–1402 and agree to the following measures: were introduced. Pages H3869–70 Honoring the workers who perished on the Deep- Additional Cosponsors: Pages H3870–71 water Horizon offshore oil platform in the Gulf of Reports Filed: Reports were filed today as follows: Mexico off the coast of Louisiana, extending condo- H.R. 5114, to extend the authorization for the na- lences to their families, and recognizing the val- tional flood insurance program and to identify prior- iant efforts of emergency response workers at the ities essential to reform and ongoing stable func- disaster site: H. Res. 1347, to honor the workers tioning of the program, with an amendment (H. who perished on the Deepwater Horizon offshore oil Rept. 111–495); platform in the Gulf of Mexico off the coast of Lou- Report of the Committee on Standards of Official isiana, to extend condolences to their families, and Conduct (H. Rept. 111–496); to recognize the valiant efforts of emergency response Supplemental report on H.R. 5136, to authorize workers at the disaster site, by a 2⁄3 yea-and-nay vote appropriations for fiscal year 2011 for military ac- of 403 yeas with none voting ‘‘nay’’, Roll No. 302 tivities of the Department of Defense and to pre- and Pages H3831–33, S3837–38 scribe military personnel strengths for such fiscal Supporting the goals and ideals of RV Centen- year (H. Rept. 111–491, Pt. 2); nial Celebration Month: H. Res. 1073, to support H. Res. 1403, providing for consideration of the the goals and ideals of RV Centennial Celebration Senate amendment to the bill (H.R. 4213) to amend Month to recognize and honor 100 years of the en- the Internal Revenue Code of 1986 to extend certain joyment of recreational vehicles in the United States. expiring provisions (H. Rept. 111–497); and Pages H3833–34 H. Res. 1404, providing for consideration of the Recess: The House recessed at 11:10 a.m. and re- bill (H.R. 5136) to authorize appropriations for fis- convened at 5:45 p.m. Page H3837 cal year 2011 for military activities of the Depart- Suspension—Proceedings Postponed: The House ment of Defense, to prescribe military personnel debated the following measure under suspension of strengths for such fiscal year, and for other purposes; the rules. Further proceedings were postponed: waiving a requirement of clause 6(a) of rule XIII with respect to consideration of certain resolutions Congratulating Israel for its accession to mem- reported from the Committee on Rules; and for bership in the Organization for Economic Co-oper- ation and Development: H. Res. 1391, amended, to other purposes (H. Rept. 111–498). Page H3869 congratulate Israel for its accession to membership in

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the Organization for Economic Co-operation and De- HOUSING GOVERNMENT SPONSORED velopment. Pages H3834–37 ENTERPRISES Suspensions—Proceedings Resumed: The House Committee on Financial Services: Subcommittee on Cap- agreed to suspend the rules and agree to the fol- ital Markets, Insurance and Government Sponsored lowing measures which were debated on Tuesday, Enterprises held a hearing entitled ‘‘FHFA Over- May 25th: sight: Current State of the Housing Government Recognizing and honoring the courage and sac- Sponsored Enterprises.’’ Testimony was heard from rifice of the members of the Armed Forces and vet- Edward J. DeMarco, Acting Director, Federal Hous- erans: H. Res. 1385, to recognize and honor the ing Finance Agency. courage and sacrifice of the members of the Armed ANTI-TERRORIST FUNDING EFFORTS Forces and veterans, by a 2⁄3 yea-and-nay vote of 414 IMPACT ON CHARITIES yeas with none voting ‘‘nay’’, Roll No. 303; Committee on Financial Services: Subcommittee on Page H3838 Oversight and Investigations held a hearing entitled Celebrating Asian/Pacific American Heritage ‘‘Anti-Money Laundering: Blocking Terrorist Financ- Month: H. Res. 1316, amended, to celebrate Asian/ ing and Its Impact on Lawful Charities.’’ Testimony Pacific American Heritage Month, by a 2⁄3 recorded was heard from Daniel Glaser, Deputy Assistant Sec- vote of 408 ayes with none voting ‘‘no’’, Roll No. retary, Terrorist Financing and Financial Crimes, De- 304; and Pages H3838–39 partment of the Treasury; and public witnesses. Honoring the 125th anniversary of Rollins Col- INTERNET TERROR RECRUITMENT AND lege: H. Res. 1169, amended, to honor the 125th TRADECRAFT 2 anniversary of Rollins College, by a ⁄3 recorded vote Committee on Homeland Security, Subcommittee on In- of 371 ayes to 36 noes, Roll No. 305. Pages H3839–40 telligence, Information Sharing and Terrorism Risk Supplemental Report: Agreed that the Committee Assessment held a hearing entitled ‘‘Internet Terror on Armed Services be permitted to file a supple- Recruitment and Tradecraft: How Can We Address mental report on H.R. 5136, to authorize appropria- an Evolving Tool While Protecting Free Speech?’’ tions for fiscal year 2011 for military activities of the Testimony was heard from public witnesses. Department of Defense, to prescribe military per- sonnel strengths for such fiscal year, and for other SUPREME COURT’S ANIMAL CRUELTY purposes. Page H3840 VIDEO DECISION Committee Election: The House agreed to H. Res. Committee on the Judiciary, Subcommittee on Crime, 1397, electing the following Member to certain Terrorism, and Homeland Security held a hearing on standing committees of the House of Representa- United States v. Stevens: The Supreme Court’s Deci- tives: Committee on Armed Services: Representative sion Invalidating the Crush Video Statute. Testi- Critz (to rank immediately after Representative mony was heard from Representatives Peters and Garamendi). Committee on Small Business: Rep- Gallegly; and public witnesses. resentative Critz (to rank immediately after Rep- DEEPWATER HORIZON EXPLOSION’S OIL resentative Nye). Page H3840 STRATEGY IMPACT Senate Message: Message received from the Senate Committee on Natural Resources: Held an oversight today appears on page H3827. hearing entitled ‘‘Outer Continental Shelf Oil and Quorum Calls—Votes: Two yea-and-nay votes and Gas Strategy and Implications of the Deepwater Ho- two recorded votes developed during the proceedings rizon Rig Explosion.’’ Testimony was heard from the of today and appear on pages H3837, H3838, following officials of the Department of the Interior: H3838–39 and H3839–40. There were no quorum Ken Salazar, Secretary; David Hayes, Deputy Sec- calls. retary; Mary L. Kendall, Acting Inspector General; Adjournment: The House met at 10 a.m. and ad- and Elizabeth Birnbaum, Director, Minerals Manage- journed at 11:13 p.m. ment Service; RADM James Watson, USCG, Deputy Unified Area Commander on the Deepwater Horizon Fire and MC 252 Oil Spill, U.S. Coast Guard, De- partment of Homeland Security; and Jane Committee Meetings Lubchenco, Under Secretary, Oceans and Atmosphere and Administrator NOAA, Department of Com- MISCELLANEOUS MEASURES merce. Committee on Energy and Commerce: Ordered reported, as amended, the following bills: H.R. 5320, Assist- REDUCING DENTAL OFFICES’ MERCURY ance, Quality, and Affordability Act of 2010; H.R. POLLUTION 5381, Motor Vehicle Safety Act; H.R. 4805, Form- Committee on Oversight and Government Reform: Sub- aldehyde Standards for Composite Wood Products committee on Domestic Policy held a hearing enti- Act; and H.R. 4451, Collinsville Renewable Energy tled ‘‘Assessing EPA’s Efforts to Measure and Reduce Promotion Act. Mercury Pollution from Dentist Offices.’’ Testimony

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was heard from Nancy Stoner, Deputy Assistant Ad- the report or amendments en bloc are waived except ministrator, Water, EPA; and public witnesses. those arising under clause 9 or 10 of rule XXI. PROVIDING FOR CONSIDERATION OF THE The rule provides that the chair of the Committee SENATE AMENDMENT TO THE BILL (H.R. on Armed Services or his designee may offer amend- ments en bloc consisting of amendments printed in 4213) TO AMEND THE INTERNAL REVENUE the report not earlier disposed of or germane modi- CODE OF 1986 TO EXTEND CERTAIN fications of any such amendments. Amendments en EXPIRING PROVISIONS, AND FOR OTHER bloc shall be considered as read (except that modi- PURPOSES fications shall be reported), shall be debatable for 20 Committee on Rules: Granted, by a non-record vote, a minutes equally divided and controlled by the chair closed rule providing for consideration of the Senate and ranking minority member of the Committee on amendment to H.R. 4213, to amend the Internal Armed Services or their designees, shall not be sub- Revenue Code of 1986 to extend certain expiring ject to amendment, and shall not be subject to a de- provisions, and for other purposes. The rule makes mand for division of the question. For the purpose in order a motion offered by the chair of the Com- of inclusion in such amendments en bloc, an amend- mittee on Ways and Means or his designee that the ment printed in the form of a motion to strike may House concur in the Senate amendment to H.R. be modified to the form of a germane perfecting 4213 with the amendment printed in part A of the amendment to the text originally proposed to be Rules Committee report, modified by the amend- stricken. The original proponent of an amendment ment printed in part B. The rule provides one hour included in such amendments en bloc may insert a of debate on the motion equally divided and con- statement in the Congressional Record immediately trolled by the chair and ranking minority member before the disposition of the amendments en bloc. of the Committee on Ways and Means. The rule The rule provides that the Chair of the Com- waives all points of order against consideration of the mittee of the Whole may recognize for consideration motion. The rule provides that the Senate amend- of any amendment printed in the Committee report ment and the motion shall be considered as read. out of the order printed, but not sooner than 30 The rule tables House Resolution 392. minutes after the chair of the Committee on Armed NATIONAL DEFENSE AUTHORIZATION Services or his designee announces from the floor a ACT FOR FISCAL YEAR 2011 request to that effect. The rule provides one motion Committee on Rules: Granted, by a non-record vote, a to recommit with or without instructions. structured rule providing for consideration of H.R. The rule provides that the Chair may entertain a 5136, the ‘‘National Defense Authorization Act for motion that the Committee rise only if offered by Fiscal Year 2011.’’ The rule provides one hour of de- the chair of the Committee on Armed Services or his bate equally divided and controlled by the chair and designee and that the Chair may not entertain a mo- ranking minority member of the Committee on tion to strike out the enacting words of the bill. Armed Services. The rule provides that, in engrossment, the Clerk The rule waives all points of order against consid- shall add the text of H.R. 5013, as passed by the eration of the bill except those arising under clause House, as new matter at the end of H.R. 5136. 9 or 10 of rule XXI. The rule provides that the The rule waives clause 6(a) of rule XIII (requiring amendment in the nature of a substitute rec- a two-thirds vote to consider a rule on the same day ommended by the Committee on Armed Services it is reported from the Rules Committee) against now printed in the bill shall be considered as an rules reported from the Rules Committee through original bill for the purpose of amendment and shall the legislative day of June 1, 2010. be considered as read. The rule waives all points of Finally, the rule provides that measures may be order against the amendment in the nature of a sub- considered under suspension of the rules at any time stitute except those arising under clause 10 of rule through Sunday, May 30, 2010, and that the Speak- XXI. er or her designee shall consult with the Minority The rule makes in order only those amendments Leader or his designee on the designation of any printed in this report and amendments en bloc de- matter for consideration under suspension of the scribed in section 3 of the rule. The amendments rules. Testimony was heard from Chairman Skelton made in order may be offered only in the order and Representatives Spratt, Ortiz, Langevin, printed in the Rules Committee report (except as Bordallo, Sestak, Hastings of Florida, Dingell, Stark, specified in section 4 of the rule), may be offered Price of North Carolina, Eshoo, Filner, Gutierrez, only by a Member designated in the Committee re- Blumenauer, Etheridge, Inslee, Larson of Con- port, shall be considered as read, shall be debatable necticut, Watson, Lipinski, Murphy of Connecticut, for the time specified in this report equally divided Patrick Murphy of Pennsylvania, Walz, Wilson of and controlled by the proponent and an opponent, Ohio, Richardson, Foster, Driehaus, Grayson, Titus, shall not be subject to amendment, and shall not be Tonko, Faleomavaega, McKeon, Coffman, Sessions, subject to a demand for division of the question. All Young of Alaska, Duncan, Kingston, Hastings of points of order against the amendments printed in Washington, Shadegg, Tiahrt, Terry, Rehberg,

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Bonner, Gingrey, Tim Murphy of Pennsylvania, COMMITTEE MEETINGS FOR THURSDAY, Fortenberry, Heller and Luetkemeyer. MAY 27, 2010 (Committee meetings are open unless otherwise indicated) NASA HUMAN SPACEFLIGHT PLAN Senate Committee on Science and Technology: Held a hearing to Committee on Agriculture, Nutrition, and Forestry: to hold review the Proposed National Aeronautics and Space hearings to examine the nominations of Elisabeth Ann Administrations Human Spaceflight Plan. Testimony Hagen, of Virginia, to be Under Secretary for Food Safe- was heard from Charles F. Bolden, Jr., Adminis- ty, and Catherine E. Woteki, of the District of Columbia, trator, NASA; Neil A. Armstrong, Commander, to be Under Secretary for Research, Education, and Eco- Apollo 11; CAPT Eugene A. Cernan, USN (ret.), nomics, both of the Department of Agriculture, and Sara Commander, Apollo 17; and a public witness. Louise Faivre-Davis, of Texas, Lowell Lee Junkins, of Iowa, and Myles J. Watts, of Montana, all to be a Mem- ber of the Board of Directors of the Federal Agricultural SMALL BUSINESS JOB CREATION Mortgage Corporation, Farm Credit Administration, 9:30 ECONOMIC RECOVERY a.m., SR–328A. Committee on Small Business: Held a hearing entitled Committee on Armed Services: closed business meeting to continue markup of the proposed National Defense Au- ‘‘Heroes of Small Business.’’ Testimony was heard thorization Act for fiscal year 2011, 9:30 a.m., SR–222. from public witnesses. Committee on Commerce, Science, and Transportation: to hold hearings to examine the financial state of the airline RECOVERY ACT INFRASTRUCTURE industry and the implications of consolidation, 10 a.m., INVESTMENTS SR–253. Committee on Environment and Public Works: to hold hear- Committee on Transportation and Infrastructure: Held a ings to examine an original bill entitled, ‘‘Water Re- hearing on Recovery Act: Progress Reports for Infra- sources Development Act of 2010’’, focusing on legisla- structure Investments. Testimony was heard from tive issues, 10 a.m., SD–406. Craig E. Hooks, Assistant Administrator, Adminis- Committee on Finance: business meeting to consider the tration and Resources Management, EPA; Terrence nomination of Sherry Glied, of New York, to be Assistant C. Salt, Deputy Assistant Secretary (Civil Works), Secretary of Health and Human Services, Time to be an- U.S. Army Corps of Engineers, Department of De- nounced, Room to be announced. fense; Mary Walsh, Chief of Staff, Public Buildings Committee on Health, Education, Labor, and Pensions: to Service, ARRA National Recovery Program Manage- hold hearings to examine building a secure future for ment Office, GSA; John Fernandez, Assistant Sec- multiemployer pension plans, 10 a.m., SD–430. Committee on the Judiciary: business meeting to consider retary, Economic Development, Department of Com- S. 193, to create and extend certain temporary district merce; Elizabeth Harman, Assistant Administrator, court judgeships, H.R. 4506, to authorize the appoint- Grant Programs, FEMA, Department of Homeland ment of additional bankruptcy judges, H.R. 1933, to di- Security; David Trimble, Acting Director, Natural rect the Attorney General to make an annual grant to the Resources and Environment, GAO; and public wit- A Child Is Missing Alert and Recovery Center to assist nesses. law enforcement agencies in the rapid recovery of missing children, H.R. 908, to amend the Violent Crime Control and Law Enforcement Act of 1994 to reauthorize the BRIEFING—HOT SPOTS Missing Alzheimer’s Disease Patient Alert Program, S. Permanent Select Committee on Intelligence: Subcommittee 258, to amend the Controlled Substances Act to provide on Terrorism, Human Intelligence, Analysis, and Coun- enhanced penalties for marketing controlled substances to terintelligence met in executive session to receive a brief- minors, and the nominations of Robert Neil Chatigny, of ing on Hot Spots. The Subcommittee was briefed by de- Connecticut, to be United States Circuit Judge for the partmental witnesses. Second Circuit, Scott M. Matheson, Jr., of Utah, to be United States Circuit Judge for the Tenth Circuit, John A. Gibney, Jr., to be United States District Judge for the Joint Meetings Eastern District of Virginia, John J. McConnell, Jr., to be United States District Judge for the District of Rhode Island, James Kelleher Bredar, and Ellen Lipton Hol- MINIMIZING GREAT RECESSION IMPACT lander, both to be a United States District Judge for the Joint Economic Committee: Committee concluded a District of Maryland, Susan Richard Nelson, to be United hearing to examine how to minimize the impact of States District Judge for the District of Minnesota, and the great recession on young workers, after receiving Stephanie A. Finley, to be United States Attorney for the testimony from Till M. von Wachter, Columbia Western District of Louisiana, Laura E. Duffy, to be University, and David R. Jones, Community Service United States Attorney for the Southern District of Cali- fornia, Scott Jerome Parker, to be United States Marshal Society, both of New York, New York; Harry J. for the Eastern District of North Carolina, Darryl Keith Holzer, Georgetown University Public Policy Insti- McPherson, to be United States Marshal for the Northern tute, and James Sherk, The Heritage Foundation, District of Illinois, and Gervin Kazumi Miyamoto, to be both of Washington, D.C.; and Steve Wing, CVS United States Marshal for the District of Hawaii, all of Caremark, Woonsocket, Rhode Island. the Department of Justice, and Daniel J. Becker, of Utah,

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James R. Hannah, of Arkansas, Gayle A. Nachtigal, of Committee on the Judiciary, hearing on the Legal Liability Oregon, John B. Nalbandian, of Kentucky, Marsha J. Issues Surrounding the Gulf Coast Oil Disaster, 9:30 Rabiteau, of Connecticut, and Herma´n D. Vera, of Cali- a.m., 2141 Rayburn. fornia, all to be a Member of the Board of Directors of Committee on Natural Resources, to continue oversight the State Justice Institute, 10 a.m., SD–226. hearings entitled ‘‘Outer Continental Shelf Oil and Gas Subcommittee on Antitrust, Competition Policy and Strategy and Implications of the Deepwater Horizon Rig Consumer Rights, to hold hearings to examine the Explosion,’’ 10 a.m., 1324 Longworth. United/Continental Airlines merger, focusing on how Committee on Oversight and Government Reform, hearing consumers will fare, 2:15 p.m., SD–226. regarding the circumstances surrounding the recall of Committee on Small Business and Entrepreneurship: to re- sume hearings to examine the impact of the Deepwater popular children’s medicines produced by Johnson & Horizon oil spill on small businesses, Time to be an- Johnson/McNeil Consumer Healthcare, 10 a.m., 2154 nounced, SR–428A. Rayburn. Full Committee, business meeting to consider the Subcommittee on Federal Workforce, Postal Service, nomination of Marie Collins Johns, of the District of Co- and the District of Columbia, to mark up the following lumbia, to be Deputy Administrator of the Small Busi- bills: H.R. 3243, to amend section 5542 of title 5, ness Administration, Time to be announced, Room to be United States Code, to provide that any hours worked by announced. Federal firefighters under a qualified trade-of-time ar- Select Committee on Intelligence: to hold closed hearings to rangement shall be excluded for purposes of determina- consider certain intelligence matters, 2:30 p.m., SH–219. tion relating to overtime pay; H.R. 3264, Federal Intern- ship Improvement Act; H.R. 5367, D.C. Courts and House Public Defender Service Act of 2010; and H.R. 5368, Committee on Appropriations, to mark up the Fiscal Year United States Postal Service Postal Inspectors Equity Act, Supplemental Appropriations, 5 p.m., 2359 Rayburn. 3 p.m., 2154 Rayburn. Subcommittee on Interior, Environment, and Related Committee on Rules, to consider H.R. 5175, Democracy Agencies, hearing on BP-Transocean Deepwater Horizon Is Strengthened by Casting Light on Spending in Elec- Oil Disaster: Ongoing Response and Environmental Im- tions, 3 p.m., H–313 Capitol. pacts, 10 a.m., 2359 Rayburn. Committee on Science and Technology, Subcommittee on Committee on Education and Labor, Subcommittee on Technology and Innovation, hearing on Interoperability Higher Education, Lifelong Learning, and Competitive- ness, hearing on Examining GAO’s Findings on Efforts to in Public Safety Communications Equipment, 10 a.m., Improve Oversight of Low-Income and Minority Serving 2318 Rayburn. Institutions, 10 a.m., 2175 Rayburn. Committee on Veterans’ Affairs, Subcommittee on Health, Committee on Energy and Commerce, hearing on Develop- hearing on the following measures: H.R. 4062, Veterans’ ments in Synthetic Genomics and Implications for Health Health and Radiation Safety Act; H.R. 4505, To enable and Energy, 10 a.m., 2123 Rayburn. State homes to furnish nursing home care to parents any Subcommittee on Energy and Environment, hearing of whose children died while serving in the Armed entitled ‘‘Combating the BP Oil Spill,’’ 2 p.m., or imme- Forces; H.R. 4465, To amend title 38, to direct the Sec- diately following full Committee, 2123 Rayburn. retary of Veterans Affairs to take into account each child Committee on Financial Services, Subcommittee on Hous- a veteran has when determining the veteran’s financial ing and Community Opportunity, to consider H.R. 476, status when receiving hospital care or medical services; Housing Fairness Act of 2009, 10 a.m., 2123 Rayburn. Draft legislation on Outreach; Draft legislation ‘‘World Committee on Homeland Security, Subcommittee on Bor- War II Hearing Aid Treatment Act,’’ and pending busi- der, Maritime, and Global Counterterrorism, and the ness, 10 a.m., 334 Cannon. Subcommittee on Western Hemisphere of the Committee Committee on Ways and Means, Subcommittee on Over- on Foreign Affairs, joint hearing entitled ‘‘U.S.-Mexico sight, hearing on tobacco smuggling in the United States Security Cooperation: Next Steps for the Merida Initia- and other excise tax compliance issues, 10 a.m., 1100 tive,’’ 10 a.m., 311 Cannon. Longworth.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Thursday, May 27 10 a.m., Thursday, May 27

Senate Chamber House Chamber Program for Thursday: Senate will continue consider- Program for Thursday: To be announced. ation of H.R. 4899, Emergency Supplemental Appropria- tions Act, with a series of up to 7 rollcall votes begin- ning at approximately 10 a.m., and a filing deadline for second-degree amendments at 11 a.m.

Extensions of Remarks, as inserted in this issue

HOUSE Goodlatte, Bob, Va., E951 Perlmutter, Ed, Colo., E945 Graves, Sam, Mo., E946 Pomeroy, Earl, N.D., E952 Baca, Joe, Calif., E948, E953 Green, Gene, Tex., E958 Radanovich, George, Calif., E947 Boozman, John, Ark., E944, E957 Holt, Rush D., N.J., E953 Rangel, Charles B., N.Y., E953 Bordallo, Madeleine Z., Guam, E952, E954 Johnson, Eddie Bernice, Tex., E949, E957 Richardson, Laura, Calif., E948 Brady, Robert A., Pa., E959 Jordan, Jim, Ohio, E951 Cantor, Eric, Va., E943 Kanjorski, Paul E., Pa., E949, E956 Rogers, Harold, Ky., E944 Cardoza, Dennis A., Calif., E950, E956 Langevin, James R., R.I., E945 Ross, Mike, Ark., E951 Cassidy, Bill, La., E950 LoBiondo, Frank A., N.J., E952 Sanchez, Loretta, Calif., E946 Clyburn, James E., S.C., E949, E956 Lowey, Nita M., N.Y., E947 Schiff, Adam B., Calif., E953 Coffman, Mike, Colo., E947 McNerney, Jerry, Calif., E960 Shuler, Heath, N.C., E947 Connolly, Gerald E., Va., E958, E959, E960 Maffei, Daniel B., N.Y., E945 Slaughter, Louise McIntosh, N.Y., E950 Ellsworth, Brad, Ind., E943 Manzullo, Donald A., Ill., E944 Space, Zachary T., Ohio, E952, E954 Fox, Virginia, N.C., E961 Miller, Jeff, Fla., E957, E958, E959, E959, E960, E960 Tanner, John S., Tenn., E946 Frelinghuysen, Rodney P., N.J., E945 Mitchell, Harry E., Ariz., E943, E944, E945, E946 Teague, Harry, N.M., E952 Gallegly, Elton, Calif., E944 Moran, James P., Va., E948 Gerlach, Jim, Pa., E942 Pelosi, Nancy, Calif., E941 Waxman, Henry A., Calif., E943

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