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

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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, TUESDAY, FEBRUARY 23, 2010 No. 23 House of Representatives The House met at 10:30 a.m. and was through the Peter Pan program. Not tled ‘‘A Woman’s Place is Every- called to order by the Speaker pro tem- only did she leave behind all that she where,’’ which was co-written by Olym- pore (Mr. TONKO). knew, but Sylvia did not see her par- pic champion Jackie Joyner-Kersee. f ents again until she was 26 years old. One would think that, with so much The experience of arriving in the accomplished, Sylvia would take some DESIGNATION OF SPEAKER PRO United States alone at such a young time off for herself, but she has sol- TEMPORE age instilled in Sylvia a sense of duty diered on, offering her help where it is The SPEAKER pro tempore laid be- to others in need. needed most. After Haiti was dev- fore the House the following commu- Acknowledging the sacrifice that her astated by this most recent terrible nication from the Speaker: parents had made in order to send her earthquake, Sylvia has devoted her WASHINGTON, DC, to the United States to escape Castro’s time to help. Her work with Haiti February 23, 2010. tyranny, Sylvia pursued a higher edu- began years ago, actually, when she be- I hereby appoint the Honorable PAUL cation here in the United States. She came involved in the welfare of dis- TONKO to act as Speaker pro tempore on this attained a master’s degree in public ad- placed Haitian children who were liv- day. ministration from the Kennedy School ing in the Dominican Republic. NANCY PELOSI, Speaker of the House of Representatives. at Harvard University. Sylvia’s life has been and will con- After completing her education, Syl- tinue to be a source of inspiration for f via poured herself into serving her South Florida, for our Nation, and, in- MORNING-HOUR DEBATE community, especially helping young deed, for women throughout the world. The SPEAKER pro tempore. Pursu- and vulnerable women and children be Our community is a better place be- ant to the order of the House of Janu- able to reach their full potential. Dur- cause of Sylvia Unzueta. Felicidades, ary 6, 2009, the Chair will now recog- ing the Mariel boatlift, she helped mi amiga. Congratulations, my friend. nize Members from lists submitted by those Cubans who, just like her so f the majority and minority leaders for many years before, had come to escape tyranny and build a new life here in DIGGING OUT FROM THE morning-hour debate. RECESSION The Chair will alternate recognition America. between the parties, with each party Sylvia has worked with the Federal The SPEAKER pro tempore. The limited to 30 minutes and each Mem- Government and with the University of Chair recognizes the gentleman from ber, other than the majority and mi- Miami on issues facing unaccompanied Virginia (Mr. CONNOLLY) for 5 minutes. nority leaders and the minority whip, children who come to our great coun- Mr. CONNOLLY of Virginia. Mr. limited to 5 minutes. try. She served as an assistant city Speaker, as the mid-Atlantic region continues to dig out from historic win- f manager for the City of Miami and later as acting director for Miami-Dade ter snowstorms, it reminds us of our ef- HONORING SYLVIA UNZUETA Parks. forts to continue to dig out of the The SPEAKER pro tempore. The One of Sylvia’s greatest passions is Great Recession. The snow finally Chair recognizes the gentlewoman from her belief in citizenship diplomacy as a stopped falling, yet it has taken us a Florida (Ms. ROS-LEHTINEN) for 5 min- key to closer and even more meaning- long time to get back to normal. Thou- utes. ful relationships among people, na- sands of people waited in subfreezing Ms. ROS-LEHTINEN. Mr. Speaker, in tions, and cultures. To that end, Sylvia temperatures for days for their power just a few weeks we will be celebrating has chaired the Miami-Dade County’s to be restored; thousands more waited Women’s History Month; and to kick sister-city relationship with the city of days for their streets to be plowed. De- that off, I would like to recognize an Santa Cruz de Tenerife in Spain. spite best efforts, the recovery has individual who is a shining example of Furthering her efforts to support taken time. Our economic recovery the difference that one person can women, she helped create the annual In also takes time. make. the Company of Women awards cere- The Great Recession of 2007 has offi- Sylvia Unzueta’s life is a testament mony during her tenure with Miami- cially lasted for 19 months. It was the to how adversity can motivate one to Dade County. This ceremony has longest recession since the Great De- not only better oneself but also to helped to recognize the accomplish- pression. Seven hundred forty-one serve the greater sisterhood. ments of so many inspirational women thousand Americans lost their jobs in Born in Cuba, Sylvia came to the from my South Florida community. January of 2008. In the first quarter of United States in 1961 at the age of 13 Her service was profiled in a book enti- 2009, GDP tumbled an astonishing 5.4

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 04:07 May 18, 2010 Jkt 089060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H23FE0.REC H23FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H652 CONGRESSIONAL RECORD — HOUSE February 23, 2010 percent. By March, the Dow Jones In- can have an impact. Americans have spectrum said government has to be dustrial Average had plummeted more always been persevering. If we stay the the spender of last resort. We have to than 53 percent. Unemployment rose to careful course that has led to the be- fill that gap because consumers aren’t 10.2 percent, a 26-year high. ginnings of our recovery, we can avoid spending. Without immediate action, Mr. the dangers of a double-dip recession. So what did we do? We not only put Speaker, the economy was on the brink We can and will maintain our economic in programs that would create jobs of falling into a devastating depression. recovery until every American has a through infrastructure spending and With more than 700,000 Americans los- chance to return to work. investment, but we also said we need to ing their jobs every month when we f make sure that people have their un- took office, we had to act immediately, employment benefits, because unem- and we did. RECOGNIZING THE 1-YEAR ANNI- ployment benefits are spent; they go The Great Recession lasted 2 years, VERSARY OF THE AMERICAN RE- directly into the economy as quickly and a full recovery will take time. But COVERY AND REINVESTMENT as possible. we made significant improvements in ACT We wanted to give tax cuts. Many of all areas of the economy, and we are in The SPEAKER pro tempore. The our Republican colleagues asked us to recovery now. Second quarter GDP in Chair recognizes the gentleman from do that, so 95 percent of the American 2009 slipped 0.7 percent. The following Kentucky (Mr. YARMUTH) for 5 min- people have received a tax cut. Now, a quarter saw a return to economic utes. lot of them don’t know it. As a matter growth of 2.2 percent. And in the fourth Mr. YARMUTH. Mr. Speaker, as we of fact, I understand there is a poll now quarter of 2009, GDP exceeded expecta- have said many times recently, we are of Tea Party supporters in which only tions and registered an outstanding 5.7 acknowledging and recognizing the 1- 2 percent say they actually think the percent growth, a swing of more than year anniversary of the American Re- taxes have decreased in the last year; 11 percent in just 9 months. covery and Reinvestment Act. It is in- 95 percent don’t. But, in fact, virtually The manufacturing industry grew in teresting on these anniversaries that 95 percent of those people have re- January 2010 for the sixth consecutive we have considerable discussions about ceived a tax cut. month and, according to the Institute whether the act, or any other act, was But let’s talk about just the experi- for Supply Management, is at its high- successful or not. ence in my own congressional district est level since August of 2004. Retail Just watching Sunday morning’s na- in my own State. As Senator MCCON- spending, a critical component of re- tional talk shows was a very inter- NELL said, it is only helping support a covery, increased 0.5 percent in Janu- esting experience, because we had on few government jobs. Well, in fact, in ary. The stock market has increased one show Governor Granholm from my district, because of the first-time almost 60 percent since its March low, Michigan and Governor Barbour from homebuyers credit, sales of homes in beginning to restore 401(k)s and college Mississippi, and you would have be- Louisville have had four successive funds. lieved that the two of them came from months of gains, substantial gains. Be- Mark Zandi, a Republican economist different planets or at least that they cause of stimulus fund investment, from Moody’s and former economic ad- were talking about two very different GE’s Appliance Park is bringing 400 viser to Senator JOHN MCCAIN during pieces of legislation. jobs back from China to help build a his presidential campaign, said, ‘‘I Jennifer Granholm talked about tens new energy-efficient water heater in don’t think it’s an accident that the of thousands of jobs being created in Louisville, Kentucky. Those aren’t economy has gone out of recession and Michigan, beginning the foundation, government jobs, but private sector into recovery at the same time that setting the foundation for a new explo- jobs. the stimulus is providing its maximum sion of battery technologies and energy 1045 economic impact.’’ technologies. Governor Barbour on the b Mr. Speaker, our job is not finished, other hand said, ‘‘Well, we got a few The stimulus moneys helped retain but our efforts have saved the economy jobs, we’ve paved a few roads, but it 600 teachers in Jefferson County Public from complete collapse and half-re- really wasn’t that good of a program.’’ Schools. We have a new maintenance stored growth. My own Senator and my constituent, facility being built at our public tran- A full jobs recovery will also take Senator MCCONNELL, was on another sit company; 80 new construction jobs time. Monthly job growth during the talk show saying, ‘‘Yeah, the governors building this energy-efficient facility. economic boom in the late 1990s was like it. It funds a lot of government Stimulus funds provided a billion dol- 231,000. The 2000s saw much worse job jobs.’’ Well, I am going to get to that lars to shore up our KCHIP program. conditions. Through the 8 years of the in a minute, because those government That is health insurance for children. Bush administration, annual job jobs are not just government jobs. We had funding for career training for growth was the worst since World War Those are not bureaucrats. Those are 500 at-risk young people. We had $26 II, averaging just 0.2 percent, less than teachers, those are firefighters, those million for remodeling and renovating half of the next lowest administration. are police officers. Those are people schools. We had our work cut out for us from who are providing critical public serv- Now, Senator MCCONNELL may think the start, but we acted decisively and ices to our constituents. But let’s talk those aren’t jobs, but I don’t think created the conditions for job growth. about where we were a year ago. those schools are renovating them- Job losses that were 741,000 when we My colleague from Virginia just selves. There are people working to started here, by November of 2009, we talked about a lot of the data reflect- renovate those schools, as well as had in fact created 64,000 jobs net. As a ing what the situation was in the econ- building a new Beechmont Fire Sta- consequence of declining job losses, the omy several years ago and last year tion, $2.2 million. Those are human unemployment rate has begun to fall when the Recovery Act went into ef- beings working because of the Recov- from 10.2 percent to 9.7 percent today. fect. But let’s talk about what we were ery Act. It will take time to fully dig out of trying to do then, because this wasn’t In all just in my district we have this economic morass. Therefore, it is just about creating jobs. As all the served more than 4,000 people. Accord- critical we maintain the course and economists have said, we faced a con- ing to local government, which is allow our efforts to continue their posi- siderable gap in demand in the econ- tracking the funds very carefully, we tive effect. omy, as much as $1 trillion a year. have created 1,800 jobs just in Louis- Mr. Speaker, the mid-Atlantic region That is the capacity of the economy ville, Kentucky, and we have, again, suffered a second serious winter storm versus the demand for goods and serv- provided numerous public services both within the same week. For those who ices. And when you have that kind of in Louisville and throughout the State. hadn’t fully dug out from the first gap, if you have too many people work- Now, we have a long way to go. The record blizzard, the additional snowfall ing and too little demand, people get Recovery Act was not a cure-all. We was a daunting and dangerous chal- laid off. That is what has happened in can have our doubts and our differences lenge. The same holds true for our our economy. Nobody else was filling about whether it has succeeded as well economy. But, unlike the weather, we that gap, so economists across the as it might have, but the fact is there

VerDate Mar 15 2010 04:07 May 18, 2010 Jkt 089060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H23FE0.REC H23FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 23, 2010 CONGRESSIONAL RECORD — HOUSE H653 has been true progress made, and we People are facing similar dim pros- PLEDGE OF ALLEGIANCE expect more progress to be made. pects with COBRA. North Carolina’s al- The SPEAKER pro tempore. Will the f ready record high number of people gentleman from California (Mr. DANIEL without health insurance is expected to CREATING JOBS E. LUNGREN) come forward and lead the continue to surge when the subsidies House in the Pledge of Allegiance. The SPEAKER pro tempore. The for the Federal Government’s COBRA Chair recognizes the gentleman from Mr. DANIEL E. LUNGREN of Cali- coverage expires, putting yet another fornia led the Pledge of Allegiance as North Carolina (Mr. BUTTERFIELD) for 5 strain on our health care system. follows: minutes. Mr. Speaker, thank you for this time. Mr. BUTTERFIELD. Thank you very I pledge allegiance to the Flag of the I urge swift and strong action on a jobs United States of America, and to the Repub- much, Mr. Speaker, for recognizing me bill that puts people back to work and and giving me this time to speak on a lic for which it stands, one nation under God, helps those people who are most in indivisible, with liberty and justice for all. very important subject. need. Not only do we need tax cuts for I want to associate myself with the f small businesses. We say that all the comments of my friend from Kentucky time. Yes, we need tax cuts for small MESSAGE FROM THE SENATE (Mr. YARMUTH) who spoke just a businesses. But we also need jobs for minute ago. He is absolutely correct, A message from the Senate by Ms. the chronically unemployed, and we there is no more important discussion Curtis, one of its clerks, announced need it now. that we can have on this House floor that the Senate has passed without than the subject of jobs, jobs, and jobs. f amendment a bill of the House of the I was delighted yesterday to see the RECESS following title: action of the United States Senate. The SPEAKER pro tempore. Pursu- H.R. 4532. An act to provide for permanent The Senate passed, by a majority of 62 extension of the attorney fee withholding ant to clause 12(a) of rule I, the Chair Senators voting, to invoke cloture and procedures under title II of the Social Secu- declares the House in recess until noon to begin discussing and debating the rity Act to title XVI of such Act, and to pro- today. long-awaited jobs bill. I am very vide for permanent extension of such proce- Accordingly (at 10 o’clock and 51 pleased that the Senate is taking this dures under titles II and XVI of such Act to minutes a.m.), the House stood in re- qualified non-attorney representatives. matter very seriously. We are working cess until noon. to stimulate job growth in this coun- f f try. And we must ensure that the bill RESIGNATION AS MEMBER OF puts people back to work. That is what b 1200 COMMITTEE ON ENERGY AND it is all about, putting people back to AFTER RECESS COMMERCE work. Our bill also assists the unemployed and struggling who are trying The recess having expired, the House The SPEAKER pro tempore laid be- to make ends meet with their family. was called to order by the Speaker pro fore the House the following resigna- So the vote of the Senate yesterday tempore (Mr. BLUMENAUER) at noon. tion as a member of the Committee on was quite encouraging, and I want to f Energy and Commerce: FEBRUARY 23, 2010. commend our colleagues in the other PRAYER body for doing so. Hon. NANCY PELOSI, Mr. Speaker, one of the advantages Reverend Dr. Alan Keiran, Office of Speaker of the House, House of Representatives, that we had in being snowed out of the United States Senate Chaplain, of- The Capitol, Washington, DC. DEAR SPEAKER PELOSI: This letter serves Washington for the last 21⁄2 weeks was fered the following prayer: Lord God, we extol Your great name, as my intent to resign from the Committee that we had an opportunity to go back on Energy and Commerce, effective today. to our districts and to visit the various for You alone deserve our worship and Sincerely, counties and to talk with people who unwavering allegiance. We thank You GREG WALDEN, are suffering from job loss. And it is for the gifts of meaningful labor, loving Member of Congress. profound. In December, the House families and freedom to worship. We The SPEAKER pro tempore. Without passed a strong jobs bill that included thank You as well for Your ultimate objection, the resignation is accepted. provisions that extended unemploy- sacrifice which brings us hope for There was no objection. ment insurance benefits. That is very bright tomorrows. important. We also voted to extend Father, we humbly commend to Your f COBRA health benefits. abiding care those among us who are ELECTING A MINORITY MEMBER We must work in a bipartisan man- facing the challenges of age, health, TO A STANDING COMMITTEE ner, Mr. Speaker, to make sure that and the loss of loved ones. May Your Mr. PENCE. Mr. Speaker, by direc- this critical safety net stays in place. presence illumine the hearts of all who We can do it, Mr. Speaker. We can do it seek to bring You glory and long for tion of the Republican Conference, I if we put our hands to the plow, work Your loving presence. send to the desk a privileged resolution together as Democrats and Repub- We pray as well that You will em- and ask for its immediate consider- licans. We can do it. The American peo- power our legislators and their staffs ation. ple are expecting us to do it. with the wisdom and tenacity needed The Clerk read the resolution, as fol- Mr. Speaker, as you know, I rep- to solve seemingly intractable issues lows: resent North Carolina, the eastern part facing our country and our world. Give H. RES. 1095 of our State, 23 counties. Nineteen of them the strength to endure long hours Resolved, That the following Member be, the 23 counties that I represent are suf- of labor with a positive sense of accom- and he is hereby, elected to the following fering unemployment rates above 10 plishment. standing committee: percent, including Edgecombe County, Finally, we pray for all those in COMMITTEE ON ENERGY AND COMMERCE: Mr. Griffith. which has the State’s second highest harm’s way and their families. May unemployment rate, at 16.7 percent. You watch over them and protect them The resolution was agreed to. That is one out of eight citizens who with Your abiding presence. In Your A motion to reconsider was laid on are unemployed. North Carolina is suf- mighty name, I pray. Amen. the table. fering its highest rate of unemploy- f f ment, Mr. Speaker, in 34 years. Thousands of North Carolinians are THE JOURNAL HEALTH CARE RELIEF IS NEEDED facing the prospect of losing their un- The SPEAKER pro tempore. The (Mr. COURTNEY asked and was employment benefits over the next 60 Chair has examined the Journal of the given permission to address the House days. Across our great country, about last day’s proceedings and announces for 1 minute and to revise and extend 2.7 million jobless people will lose their to the House his approval thereof. his remarks.) benefits by the end of April unless we Pursuant to clause 1, rule I, the Jour- Mr. COURTNEY. Mr. Speaker, last act. We must act. nal stands approved. Friday, the U.S. Department of Labor

VerDate Mar 15 2010 04:07 May 18, 2010 Jkt 089060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H23FE0.REC H23FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H654 CONGRESSIONAL RECORD — HOUSE February 23, 2010 issued its updated numbers regarding this country who want to hire more Let’s put the emphasis on jobs, Mr. inflation, and what it showed was some people but won’t with all of the uncer- Speaker. good news: that in fact prices were flat; tainty that is out there. f they fell 0.1 percent. Producer prices f the day before was reported only went CARD ACT HEALTH CARE up 1.2 percent. (Mr. KLEIN of Florida asked and was But not every sector of the U.S. econ- (Ms. WATSON asked and was given given permission to address the House omy is so lucky. If you are a self-em- permission to address the House for 1 for 1 minute and to revise and extend ployed individual, if you are a small minute.) his remarks.) business, the Department of Health and Ms. WATSON. Mr. Speaker, I rise Mr. KLEIN of Florida. Mr. Speaker, Human Services issued another report today to speak to you about health on Monday, we saw a tough new law go that showed that health insurance pre- care reform. This past month, Anthem into effect. The CARD Act cracks down mium costs are going up at a fright- Blue Cross in California decided to on the abusive practices of some credit ening rate: in the State of Connecticut, raise their insurance premiums by 39 card companies and contains strict pro- where I come from, a 21 percent in- percent. This is simply unacceptable. tections for consumers long overdue, crease; in California, 35 percent. My constituents cannot be expected to including banning unfair interest rate Across the country we are still seeing swallow this price while they struggle increases and outlawing abusive fees a broken health insurance marketplace to keep food on the table. and penalties by credit card companies. that lands the hardest on the self-em- I have long been a supporter of com- Putting this law into effect marks a ployed and the individuals who are try- prehensive health care reform because new day for consumers and families in ing to go out and get coverage for of the unfairness and inadequacy of our my district in south Florida. We finally themselves and their families. current health care system. I applaud have put in place some commonsense We need reform which will spread the President’s leadership in convening provisions to ensure that hardworking coverage, create large purchasing this week’s health care summit. people aren’t unfairly taken advantage pools, and give Americans the same Though health care reform continues of by credit card companies. benefit that every Member of Congress to be a long and arduous process, the Too many of us have seen the tricks has who participates in the Federal American people cannot wait any used by credit card companies—wheth- employee health plan. longer. We must come to a compromise er it is changing the date the bill is due This Thursday we have a summit and pass a health care reform bill that or doubling or tripling the interest where both parties need to come to- will cover as many people as possible rates with no notice at all. I am glad to gether and give people the same relief with coverage that is affordable. We say those days are long gone. that Members of Congress receive must prohibit discriminatory practices This bill lives up to its name as a every day through their health insur- such as pre-existing conditions and do true Credit Card Holders’ Bill of ance plan. away with unfair practices such as caps Rights. I look forward to working with f on coverage. Any reform bill must also my constituents to continue to make control costs so that everyone can af- WHERE ARE THE JOBS? sure that we put the needs of local con- ford to get the treatment they need. sumers first. (Mr. BOEHNER asked and was given Let’s do what is right. f permission to address the House for 1 f minute.) WHERE ARE THE JOBS? NEW HEALTH CARE BILL IS A Mr. BOEHNER. Mr. Speaker and my MIDDLE CLASS TAX HIKE colleagues, when I travel around my (Mr. PENCE asked and was given per- district, I run into a lot of people who mission to address the House for 1 (Ms. FOXX asked and was given per- are looking for work, hanging on by minute and to revise and extend his re- mission to address the House for 1 their fingertips, and they want to marks.) minute.) know, When’s Washington going to Mr. PENCE. Mr. Speaker, it’s been 1 Ms. FOXX. Mr. Speaker, the White wake up? They’re asking, Where are year since the Democrats passed their House has a new health care bill, but the jobs? so-called stimulus bill, and 1 year this new bill is essentially the same as I have run a small business, and one later, one thing is clear: the stimulus the old one. It is still a hugely expen- of the things a small business needs in bill has failed. This has even been tac- sive package full of harmful tax in- order to grow is they need some cer- itly acknowledged by the leadership of creases for working Americans that tainty, certainty about what the future the Democratic Party here in Congress will destroy even more jobs than is going to look like. With all of this and at the White House. Democratic policies have already de- talk about raising taxes here in Wash- We were told before the State of the stroyed. ington, D.C., imposing mandates on Union address that the President and During his campaign, the President employers in the health care bill or a House Democrats were going to ‘‘pivot said, ‘‘Under my plan, no family mak- new national energy tax, all they’re to an emphasis on fiscal discipline and ing less than $250,000 a year will see doing is creating more uncertainty jobs.’’ But as the American people are any form of tax increase; not your in- that is causing employers to be frozen struggling, with unemployment about come tax, not your payroll tax, not in their job creation. 10 percent and an estimated 14.8 mil- your capital gains tax, not any of your The Congressional Budget Office has lion Americans looking for work, taxes.’’ made clear that the mandate that was Americans are asking, Where is the That’s interesting because this new in the Senate- and House-passed bills, pivot, and more importantly, Where health care bill includes about $136 bil- the Senate bill, $750 per person for an are the jobs? lion in new taxes on the very group employer who doesn’t offer health care After a year of borrowing and spend- that wasn’t supposed to see ‘‘any form to their employees, each employer may ing and bailouts and takeovers, met of tax increase.’’ have to pay that fee. Now what we see this week by the latest version of a Mr. Speaker, the American people is the President offering that that pen- government takeover of health care, don’t want a government takeover of alty should be $2,000 per employee. This millions of Americans are asking, health care with billions of new taxes is going to raise the cost of employ- When will Washington get the mes- on hardworking Americans who are ment and, according to the Congres- sage? When will Washington, D.C., struggling to make ends meet. sional Budget Office, costs tens of from this well to the White House f thousands of jobs across our country. itself, start to put Americans back to It’s time to scrap this bill, to get work with the time-honored principles SUCCESS FOR SECOND back to commonsense ideas that will of fiscal discipline in Washington, D.C., AMENDMENT RIGHTS help improve the cost of health care in and across-the-board fast-acting tax re- (Mrs. KIRKPATRICK of Arizona America and widen access and bring lief for working families, small busi- asked and was given permission to ad- some certainty to employers across nesses, and family farms? dress the House for 1 minute.)

VerDate Mar 15 2010 04:07 May 18, 2010 Jkt 089060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H23FE0.REC H23FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 23, 2010 CONGRESSIONAL RECORD — HOUSE H655 Mrs. KIRKPATRICK of Arizona. Mr. few thousand jobs. This remarkable katchewan. His name is Tommy Doug- Speaker, this week Arizonans are cele- shift in the economy’s performance is las. Tommy Douglas, in 1947, brought brating our latest success in the fight mainly due to the American Recovery universal health care to Saskatchewan. to preserve our second amendment and Reinvestment Act passed by this Nobody remembers the people who rights. Congress and signed by our President. said that they would never have health Yesterday, a new law took effect al- In one year, the Recovery Act has insurance in Canada. Nobody remem- lowing law-abiding citizens to bring provided $120 billion in tax cuts for 95 bers all the people that fought him. He guns into national parks and wildlife percent of working families as well as was elected five times premier of Sas- refuges. I was proud to join members businesses across this country; loaned katchewan because the people remem- from both parties to pass this law nearly $20 billion to small businesses to bered who brought them health care. which ensures we can now move freely expand and create jobs; funded more Maybe that is why former Speaker throughout State and Federal land than 12,500 transportation projects Na- Gingrich said, ‘‘We can’t let Mrs. Clin- with our firearms. tionwide and kept teachers, police offi- ton succeed or the Democrats will be in Greater Arizona is home to the most cers, and firefighters working on the forever.’’ Well, that is what we are see- beautiful sites in the country, includ- job. ing again, folks. Maybe the Repub- ing thousands of miles of parkland. Na- Now we are seeing growth in our licans are afraid that they will never tional parks are not just places we economy. On February 20, 2009, the get back in. visit on vacation. We live and work in Dow Jones was trading at 7,365. Yester- Nobody remembers who didn’t say and around them. It was unacceptable day, the market closed at 10,383. ‘‘yes.’’ to leave our rights behind each time we The Recovery Act has worked and f left home. will continue to work throughout the BIG GOVERNMENT DOES NOT Now folks can become confident that course of this year. After all, it was de- WORK their freedoms are protected wherever signed to be a 2-year program. they travel in Arizona. I look forward f (Mr. WILSON of South Carolina to working with my colleagues to con- asked and was given permission to ad- WHERE ARE THE JOBS? tinue fighting to protect our constitu- dress the House for 1 minute and to re- tional right to bear and keep arms with (Mr. BONNER asked and was given vise and extend his remarks.) measures like this. permission to address the House for 1 Mr. WILSON of South Carolina. Mr. minute and to revise and extend his re- Speaker, last week marked the first f marks.) year of the trillion dollar spending bill HEALTH CARE Mr. BONNER. Mr. Speaker, last claimed to produce jobs, but The Island (Mr. SMITH of Nebraska asked and week, the President and his adminis- Packet at Hilton Head Island reports was given permission to address the tration were out in force bragging to the fact that more than 4 million jobs House for 1 minute and to revise and anyone who would listen about how have been lost. extend his remarks.) successful last year’s trillion dollar With 7.5 million jobs lost since Mr. SMITH of Nebraska. Mr. Speak- stimulus bill has been. Vice President Speaker PELOSI took over, I toured the er, yesterday the President unveiled BIDEN left no doubt in anyone’s mind district I represent on a ‘‘Joe Means his $1 trillion health care bill which is when he said, ‘‘I am absolutely certain Jobs’’ tour, where I found people want nearly the same as the two previous of one thing. The Recovery Act is change from Big Government failed bills which have already been rejected working.’’ Well, forgive me, Mr. Vice policies. They supported the concepts by the American people. The American President, if I and millions of other of the proven tax cuts of John F. Ken- people have rejected those bills because Americans are a bit skeptical. nedy and Ronald Reagan as presented they raise taxes, kill jobs, and increase The American people continue to today in H.R. 470 to create jobs. costs to fund a government takeover of ask: Where are the jobs that this tril- Sadly, the administration obsessively health care virtually. lion dollar budget buster promised?’’ pushes a health care takeover, which The new taxes and regulations on Let me tell you, I would have a hard the National Federation of Independent small businesses alone will kill jobs at time going to my district in Monroe Business confirms will kill 1.6 million a time when nearly 1 in 10 Americans County, which has gone from 6 percent jobs. are already out of work. The plan un- unemployment when the Democrats Both parties should be working to- veiled yesterday still lacks fiscal re- took control of the Congress in Janu- gether to promote small business, the sponsibility and still levels mandates ary 2007 to, last month, over 20 percent backbone of America, to create jobs. on individuals and employers and still unemployment. Sadly, this is a story In conclusion, God bless our troops, puts Federal bureaucrats in control of that is being repeated all across Amer- and we will never forget September the private citizens’ personal health care ica. 11th in the global war on terrorism. decisions. However, it does nothing to So while the President and his Demo- Welcome Marc Conner Westbrook, bring about true reform such as ending cratic colleagues in Congress are try- the newborn son of Thad and Christy junk lawsuits or allowing individuals ing to remember the words to ‘‘Happy Westbrook, born February 19 at Lex- to purchase affordable health insurance Days Are Here Again,’’ the American ington Medical Center of West Colum- across State lines. people are left wondering, where are bia, South Carolina. This new plan is simply more of the the jobs, and does anyone in Wash- My sympathy to the family of Wayne same as what we have seen before—a ington care about us? Dell of Ridgeland, the father of Chief of series of half-measures moving in a f Staff Eric Dell of the Second District. proven wrong direction. TOMMY DOUGLAS FROM f f WEYBURN, SASKATCHEWAN TODA AMERICA MANUFACTURING b 1215 (Mr. MCDERMOTT asked and was (Mr. SCHAUER asked and was given given permission to address the House permission to address the House for 1 AMERICAN RECOVERY AND for 1 minute and to revise and extend minute.) REINVESTMENT ACT his remarks.) Mr. SCHAUER. I rise to tell the story (Mr. TONKO asked and was given Mr. MCDERMOTT. Mr. Speaker, like of an American Recovery and Reinvest- permission to address the House for 1 everyone last night, I was watching the ment Act project that is set to create minute and to revise and extend his re- Olympics and I was wondering who was new high-tech manufacturing jobs in marks.) the most famous person in Canada. my hometown of Battle Creek. Mr. TONKO. Mr. Speaker, in January Fame is a rather fleeting thing; 60 sec- Last week, Toda America finalized a of 2009, the United States economy had onds down a hill or on an ice rink. $35 million grant through the Depart- lost more than 750,000 jobs in just 1 The most famous person in Canada, ment of Energy’s Electric Drive Bat- month. A year later, in January 2010, by a vote on the CBC, was a politician, tery and Component Manufacturing the United States economy gained a a Baptist minister, from Weyburn, Sas- Initiative. Without the Recovery Act,

VerDate Mar 15 2010 04:07 May 18, 2010 Jkt 089060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H23FE0.REC H23FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H656 CONGRESSIONAL RECORD — HOUSE February 23, 2010 this Japanese firm wouldn’t be invest- and Trevor fight for his life, they are day and were able to announce $45 mil- ing $70 million to build a new hybrid also fighting their insurance company lion to fix one of the most dangerous battery plant in my district. They to pay for the chemotherapy that their bridges in the Nation, investment, and wouldn’t be hiring 50 to 60 new workers doctor ordered. She also told me she to acknowledge 2,000 jobs and 3,000 at an average weekly wage of $900, plus fears her son will never be able to extra jobs, the good is on the way. an additional 91 indirect jobs. change jobs because of a preexisting f In Michigan, with an unemployment condition. Our current health system is rate of over 14 percent, we need every limiting our ability to innovate and WE HAVE A LONG WAY TO GO ON job we can get. 150 people will have jobs grow our economy. JOB CREATION in my district because of Toda’s inno- As you know, Mr. Speaker, I rep- (Mr. PAULSEN asked and was given vation, the Recovery Act’s commit- resent the Mayo Clinic in Rochester, permission to address the House for 1 ment to battery development, and a Minnesota. I am proud to do so because minute and to revise and extend his re- never-give-up attitude. This is how we of the high quality, low cost care that marks.) turn our economy around one job at a they provide. Mr. PAULSEN. Mr. Speaker, I re- time. I would like to leave you with a cently held a job fair in my district, f quote last week from the Mayo Clinic: ‘‘Reforming health care in America is and despite one of the snowiest travel THREE DIFFERENT BRANCHES OF absolutely essential. The status quo is days of the entire winter, more than GOVERNMENT not sustainable.’’ 2,000 people showed up. The overwhelming turnout makes one thing (Mr. DANIEL E. LUNGREN of Cali- f fornia asked and was given permission clear: We have a long, long way to go to address the House for 1 minute and HEALTH CARE to create real jobs. to revise and extend his remarks.) (Mr. GOHMERT asked and was given But instead, Congress has embraced Mr. DANIEL E. LUNGREN of Cali- permission to address the House for 1 record borrowing and record spending fornia. Mr. Speaker, I returned from minute.) while unemployment now hovers at my district here just a couple of days Mr. GOHMERT. Mr. Speaker, I went about 10 percent. Millions of Americans ago after hearing from my constituents online and got the President’s proposal are scraping by wondering why hun- at several town hall meetings. One of here, and it is 11 pages, and it is a sum- dreds of billions of dollars of their tax the things they made absolutely crys- mary. And then I got the summary of money is being wasted, with millions of tal clear was they wanted us to start the summary, and it looks like it is lost jobs to show for it. over on health care. They weren’t argu- about 19 pages summarizing the 11 An economic recovery without jobs is ing for the status quo. They are argu- pages. So I guess we are creating jobs not a recovery. We need to strengthen ing for a new start. by trying to do summaries of the sum- small business and create the private So what do we have on Thursday? maries of the summaries. That is not sector jobs. If we want to boost our The President inviting Members from good enough. People are out of work. economy and put people back to work, both Houses, both Democrat and Re- We heard last year, a year ago that if we have got to get our priorities publican, for what? For what? A ses- we did not pass the stimulus bill, the straight to help the entrepreneurs, the sion in which it appears that the porkulus bill, if that didn’t pass, unem- risk-takers, the innovators, the dream- ground rules are going to be we are ployment might go as high as 8.5 per- ers, instead of growing government. going to start with the House and the cent. God, would that we would be f Senate bills. there instead of where we are today. I don’t know. I am proud to be in this This is not going to create jobs. It is HEALTH CARE House, in part because of my love of going to suck more money out of the (Mrs. CAPPS asked and was given the Constitution. I look at the Con- economy that government uses that permission to address the House for 1 stitution, and it says we have three dif- the businesses will not have to create minute and to revise and extend her re- ferent branches of government and we jobs. Let’s help America. Let’s put peo- marks.) are responsible for legislation. I don’t ple back to work so they can afford Mrs. CAPPS. Mr. Speaker, the news see where there is a monarchy, where their own health care. that private health insurance compa- you are supposed to go and have an au- f nies earned a record $12.2 billion in dience with the monarch surrounded by HEALTH CARE AND JOBS profits last year is a stark reminder of his court jesters. the need for enacting health reform f (Ms. JACKSON LEE of Texas asked and was given permission to address now. Their profits are up 56 percent HEALTH CARE the House for 1 minute.) from the previous year, yet more and (Mr. WALZ asked and was given per- Ms. JACKSON LEE of Texas. When more Americans can’t afford health in- mission to address the House for 1 we were fighting in the civil rights surance and are being dropped when minute and to revise and extend his re- movement, you could always count on they get sick. marks.) the naysayers to stand aside and say As we have seen with Anthem Blue Mr. WALZ. Mr. Speaker, last week I, America could not tolerate the equal- Cross in California, insurance compa- too, had a chance to be out in my local ity of so many new people. Here we are nies are raising their premiums on in- district. I was on Main Street in St. today with the same crowd com- dividuals by as much as 40 percent. Peter, Minnesota. We had great con- plaining about the good. This is ridiculous. Fortunately, we versations about how small businesses Let me tell you about the Investment have a plan to address this huge prob- can continue to create and revitalize Act that has generated opportunities lem. our economy. But do you know what for jobs. Before I tell you that, we do Our colleagues on the other side of they talked about most? Health care. have a health care plan, one that will the aisle may think the status quo is They shared stories about double-digit provide the largest middle class tax fine. I certainly don’t. We must enact increases in premiums. They shared cuts in American history for affordable health reform legislation, holding in- stories about a difficult time hiring health care, one that will provide you surance companies accountable, ensur- new employees because of the cost of with a competitive marketplace to go ing that patients have access to afford- health insurance. But one story in par- in and buy your insurance. No pre- able care, improving the quality of ticular stuck with me. existing condition can ever keep you health care for everyone. I walked into Julee’s Jewelry Store from health insurance. As far as I am I welcome the release of the Presi- in St. Peter, Minnesota. Julee is a concerned, the people in the 18th Con- dent’s proposal to achieve these impor- woman who has poured her life into gressional District understand the tant goals. I look forward to the out- making her business work, but she also good, and they know that health care come of Thursday’s summit. As these shared a story with me. in this form is good for them. outrageous premium increases show, Her son Trevor was recently diag- Then, as we stood with Speaker we have an urgent need to move for- nosed with a brain tumor. So as she PELOSI at the Port of Houston on Mon- ward on health care reform.

VerDate Mar 15 2010 04:07 May 18, 2010 Jkt 089060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H23FE0.REC H23FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 23, 2010 CONGRESSIONAL RECORD — HOUSE H657 STIMULUS MISTAKE POLITICAL SCHIZOPHRENIA IN On the campaign trail in Florida the (Mr. PITTS asked and was given per- WASHINGTON President said, We cannot cede our mission to address the House for 1 (Mr. CARTER asked and was given leadership in space. That’s why I will minute and to revise and extend his re- permission to address the House for 1 help close the gap by speeding the de- marks.) minute.) velopment of the Shuttle’s successor. Mr. PITTS. Mr. Speaker, last week Mr. CARTER. Mr. Speaker, we have a His proposed budget kills that suc- marked 1 year since the passage of the problem here in Washington since the cessor, the Constellation program, $862 billion so-called stimulus bill, a Democrats took control: It’s called in- thereby directly contradicting his com- bill that was supposed to keep unem- sanity, specifically, political schizo- mitment. It is a path to second place ployment below 8 percent, a bill that phrenia. for the United States. was supposed to boost the economy and Yesterday, the Senate voted to spend The President has a voice in the Fed- private sector job creation, a bill com- another $15 billion in taxpayer money eral budget process, but not the final pletely paid for with borrowed money to create a hoped-for 250,000 jobs. Yes- word. I intend to fight to maintain in a time of ballooning deficits. We terday, President Obama introduced a hundreds of thousands of high-tech- have not seen the broad benefits prom- health care proposal that is estimated nology jobs in America and America’s ised by the stimulus bill, but we will to cost 600,000 jobs by his own sup- global leadership in human space ex- soon have to pay the price for this bor- porters and up to 5.2 million jobs by ploration. rowing and spending. business groups. So in 1 day Democrats f I would encourage all of my col- pushed two proposals—one to create AMERICAN RECOVERY AND leagues to turn to page A19 in today’s jobs and one to cut jobs—that com- REINVESTMENT ACT Wall Street Journal and read about the bined will result in a net job loss of be- (Mr. PAYNE asked and was given true economic cost of the stimulus bill. tween 350,000 and 4.8 million jobs. The permission to address the House for 1 According to Harvard economist Rob- madness has to stop before maybe the minute and to revise and extend his re- ert Barro, over 5 years the stimulus President starts claiming he’s George marks.) package creates an extra $600 billion in Washington. Mr. PAYNE. Mr. Speaker, the Amer- public spending, but at the cost of $900 f ican Recovery and Reinvestment Act billion in private expenditures. We was created in the first month of Presi- spent money that we didn’t have, and BUFFALO SOLDIERS dent Obama’s term after what was re- for each dollar spent, we will have to (Ms. SPEIER asked and was given ported to be the worst recession since pay back $1.50 in higher taxes. Mr. permission to address the House for 1 the Great Depression. Just 1 year ago, Barro sums it up by saying, ‘‘The 2009 minute and to revise and extend her re- our Nation was headed towards an eco- stimulus bill was a mistake.’’ marks.) nomic collapse with the loss of about We need to focus on private sector Ms. SPEIER. Mr. Speaker, in Bob 600,000 jobs a month. State and local job growth, not borrowing for more Marley’s iconic anthem he describes budget cutbacks were putting teachers’ government spending. the plight of the Buffalo Soldiers as jobs and students’ educations in jeop- f ‘‘fighting on arrival, fighting for sur- ardy. There was no doubt that our vival.’’ No troops in American history economy was in grave need to imme- b 1230 have given more and received less in diately begin to save and create jobs return than the African American regi- and lay a foundation for the long-term WORKING TOGETHER FOR JOBS IN ments known as the Buffalo Soldiers. AMERICA economic recovery. They also played a pivotal role in the This month marks the 1-year anni- (Mr. COHEN asked and was given per- creation of our national parks. Each versary of the passage of the Recovery mission to address the House for 1 spring, these sons of slaves hiked hun- Act which has jump-started our econ- minute.) dreds of miles from San Francisco and omy by saving and creating as many as Mr. COHEN. Mr. Speaker, indeed, it’s Monterey to Yosemite, Sequoia, and 2.4 million jobs and providing $120 bil- been 1 year since the American Recov- Kings Canyon, serving, in effect, as our lion in tax cuts for 95 percent of work- ery and Reinvestment Act passed with- country’s first park rangers. ing families as well as businesses out a Republican vote in this House Regrettably, I have lived my entire across the country. The act has loaned and maybe only one in the Senate, and life within walking distance of the Buf- nearly $20 billion to small businesses to we’ve heard a lot of vitriol here today falo Soldiers Trail and until recently expand and create jobs, funded more about it. The fact is almost every econ- never knew this part of our history. I than 12,500 transportation projects na- omist, including Mark Zandy who ad- urge my colleagues to support H.R. tionwide and kept police officers and vised the Republican candidate for 4491, which directs the National Park firefighters on the job. It has funded President, have said it helped. It helped Service to study and promote the Buf- more than 300,000 educational jobs, in a major way our country from fall- falo Soldiers. keeping teachers in their classrooms. ing off a precipice into another Great f Mr. Speaker, I say let’s continue the Depression. A difficult vote, but a work. NASA BUDGET needed vote. And 95 percent of Ameri- f cans received tax breaks, things that (Mr. OLSON asked and was given per- the other side of the aisle normally is mission to address the House for 1 PUT AMERICANS TO WORK much in favor of, but for 95 percent of minute and to revise and extend his re- (Mrs. SCHMIDT asked and was given America they didn’t care and they marks.) permission to address the House for 1 didn’t vote for it. Mr. OLSON. Mr. Speaker, since minute.) The fact is there were three-quarters NASA’s inception, the challenges that Mrs. SCHMIDT. Mr. Speaker, Ameri- of a million jobs lost in the last quar- American scientists and engineers cans are hurting. One year ago, this ter of President Bush’s administration; overcame to put men in space and on Congress passed a $787 billion stimulus in the last quarter of President Obama, the Moon has brought forth a slew of bill which was supposed to keep unem- there were just 35,000. The stock mar- cutting-edge technologies that made ployment under 8 percent, but since its ket has gone up by 50 percent since their way into our daily lives. Now the enactment more than 3.5 million jobs President Obama came into office and administration is willing to throw have been lost. the jobs stimulus program was passed. away 50 years of progress on a sub-or- The national unemployment rate re- There has been improvement. bital taxicab that places the U.S. firm- mains around 10 percent, and in Ohio it We had a great crisis, and we were in ly behind China and other nations who is worse. Our unemployment rate is a ditch, and we are digging our way are willing to make the investments we nearly 11 percent, and the real unem- out, but we are only doing it in one used to because they understand the ployment rate in some areas in my dis- part of the House. We need to work to- importance of human space explo- trict is over 20. By all measures, this gether in a bipartisan measure for jobs. ration. stimulus bill has failed to create jobs.

VerDate Mar 15 2010 04:07 May 18, 2010 Jkt 089060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H23FE0.REC H23FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H658 CONGRESSIONAL RECORD — HOUSE February 23, 2010 Congress needs to act to provide the it. The American people are coming to lance.house.gov/jobs to learn more environment for private-sector job cre- understand this. Let’s hope it’s in time about this important job creation pro- ation. Instead, this Congress continues to change this Congress, change this posal. to seek solutions that tax too much, administration, and save this country. f spend too much, and borrow too much, f creating massive debts for our children COMPREHENSIVE IMMIGRATION LONDONDERRY HIGH SCHOOL and our grandchildren. Let’s focus on REFORM ‘‘LOCKS FOR LOVE’’ getting Americans back to work. More government borrowing and spending is (Mr. POLIS asked and was given per- (Ms. SHEA-PORTER asked and was only heaping more and more debt on mission to address the House for 1 given permission to address the House our children and grandchildren and minute and to revise and extend his re- for 1 minute and to revise and extend disincentivizing the job creators from marks.) her remarks.) creating the jobs. Mr. POLIS. Mr. Speaker, I rise today Ms. SHEA-PORTER. Mr. Speaker, I Let’s work with solutions that put to praise President Obama for taking rise today to recognize the selfless ef- Americans to work, not take them on the very difficult and challenging forts of 182 students and faculty mem- from them. issue of entitlement reform and dealing bers at Londonderry High School in f with the tens of trillions of dollars of New Hampshire. These students and unfunded liabilities that are structured faculty members at Londonderry High CAP CARBON POLLUTION within the current system. School recently organized an event at (Mr. INSLEE asked and was given The traditional ways of dealing with school to donate their hair for wigs for permission to address the House for 1 unfunded liabilities and entitlements cancer patients. minute and to revise and extend his re- include cutting spending and increas- Losing one’s hair to chemotherapy is marks.) ing revenues, and I applaud President an incredibly heart-wrenching experi- Mr. INSLEE. Mr. Speaker, I visited a Obama for proposing a budget freeze on ence, and these students and faculty couple of fascinating companies. Ap- the nondefense portions of the budget. members wanted to ease the pain. Lon- plied Materials in Santa Clara, Cali- I urge my colleagues to consider sup- donderry High School has seen the pain fornia, makes the world’s largest pho- porting that as well as supporting a of cancer. A former student who cut tovoltaic cell because they figured out freeze extending across the defense her own hair has now suffered a relapse a way to do it and reduce manufac- component of the budget. with leukemia. Two young women who turing costs. I then drove up the road I would like to propose, however, a donated their hair recently lost their to Bloom Energy, which has developed third area in addition to spending cuts mother to brain cancer. a fuel cell that actually can convert and revenues that we can use to ad- The school’s ability to experience natural gas to electricity right on site dress this entitlement crisis, and that and to help others who are suffering is at your home or your office. is comprehensive immigration reform. really a tribute to the school, to the These two companies are typical of By adding 10 or 20 million new tax- volunteers, and to the students and the companies that can lead to the cre- payers, we can have a major impact on faculty, and I congratulate them for ation of millions of new clean-energy the unfunded liabilities facing our their generous spirit. jobs for a new clean-energy economy in country. By encouraging engineers and the United States, but they are waiting physicists who graduate from Amer- f on the other Chamber to pass a bill ican universities to stay here rather WHERE, OH WHERE, HAVE THE that will put a limit on carbon pollu- than move to other countries to prac- JOBS GONE? tion. Once we put a limit on carbon tice their trades, we cannot only make pollution, companies like Applied Ma- America more competitive and create (Mr. POE of Texas asked and was terials and Bloom Energy will in fact jobs, but we can also address the loom- given permission to address the House bloom and blossom because they will ing entitlement crisis by creating more for 1 minute.) be on a level playing field. Let’s get a taxpayers here at home. Mr. POE of Texas. Mr. Speaker, cap on carbon pollution. Let’s build a I encourage my colleagues to support where, oh where, have the jobs gone? new clean energy economy for this comprehensive immigration reform. Where, oh where, can they be? country. f With the people so mad and the econ- f omy so bad JOBS BILL Where, oh where, can the jobs be? DEMOCRATIC POLICIES ARE (Mr. LANCE asked and was given per- Well, the administration is planning HURTING OUR ECONOMY mission to address the House for 1 on killing the Constellation space pro- (Mr. MCCLINTOCK asked and was minute and to revise and extend his re- gram at NASA. This will cost about given permission to address the House marks.) 7,000 scientists and engineers their jobs for 1 minute and to revise and extend Mr. LANCE. Mr. Speaker, the Amer- at NASA in Houston. About 30,000 peo- his remarks.) ican people are frustrated with the ple nationwide in related work will be Mr. MCCLINTOCK. Mr. Speaker, 2 ideas coming out of Washington by the looking for jobs. weeks ago, Congress and the President Democratic majority to fix our broken NASA has led the United States into added $1.9 trillion to the national debt economy: higher taxes, more spending, being the world’s greatest exploration limit. That translates to more than record debt, more regulations, and gov- country, and now the shuttle program $6,000 for every man, woman, and child ernment-run health care. That is not a is also ending. So in the future, if in this country, more than $24,000 for plan to create jobs and jump-start our Americans wish to travel in space, they an average family of four. Now, your ailing economy. will need to hitch a ride with the Rus- family is required to repay that debt I am proud to be a sponsor of a 5- sians because we won’t have the vehi- through future taxes just as surely as if point jobs plan introduced by my col- cles to travel in space. And of course it appeared on your credit card state- league from Florida (Mr. BUCHANAN) China intends on being the number one ment. Now, $24,000 is the price of a new that provides meaningful tax relief for space exploration country in the future car. Only you don’t get a new car, just individuals and businesses, assistance as well. It looks like we are giving the payments for a new car. What you for those struggling to find employ- away our leadership and our dominance get instead is another 14 months of def- ment, real reforms to curb frivolous in space. icit spending. lawsuits, and a plan to reduce Federal So where, oh where, have the jobs Two-thirds of economic growth is spending and lower our national debt. gone? consumer driven, and yet we have just Tax relief, debt reduction, and legal Where, oh where, can they be? cost every family in America an aver- reform to help create jobs—that is a They are going overseas to the Rus- age of $24,000 from its future pur- fiscally responsible plan to get our sians and Chinese chasing power. These policies are not economy moving again. I urge the That’s where they shall be. helping our economy; they are hurting American people to visit And that’s just the way it is.

VerDate Mar 15 2010 04:07 May 18, 2010 Jkt 089060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H23FE0.REC H23FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 23, 2010 CONGRESSIONAL RECORD — HOUSE H659 b 1245 REBUILD MAIN STREET AND Ms. BERKLEY. Mr. Speaker, I rep- A REFLECTION OF AMERICAN CON- RESCUE BACK STREET resent the most unique city on the TRIBUTIONS OF ASIAN AMERI- (Ms. LEE of California asked and was planet, the City of Las Vegas. It’s a CANS AND PACIFIC ISLANDERS given permission to address the House great place with great people, but we are hurting, and my constituents are (Ms. LORETTA SANCHEZ of Cali- for 1 minute.) Ms. LEE of California. Mr. Speaker, angry. fornia asked and was given permission I’ve got the second highest unem- to address the House for 1 minute and civil rights’ leaders and economists from the Leadership Conference on ployment rate in the country, the high- to revise and extend her remarks.) est mortgage foreclosure rate in the Ms. LORETTA SANCHEZ of Cali- Civil and Human Rights, from the country, and 460,000 Nevadans have no fornia. Mr. Speaker, February 14 AFL–CIO, from the Center for Commu- health insurance. The stimulus bill marked the start of the Lunar New nity Change, from the Economic Policy saved our State—money for education Year, a holiday celebrated by Asian Institute, from the NAACP, and from and Medicaid, unemployment com- and Asian Americans around the world. the National Council of La Raza called pensation, job creation, infrastructure I would like to take this opportunity for us to develop legislation to miti- improvements—but we need to do to reflect on the rich history and con- gate the job crisis facing millions of more. We need to pass a jobs bill to get tributions that Asian Americans and Americans. They outline what we be- more people back to work. We need to Pacific Islanders have made to our lieve is a very robust jobs program and pass health care reform to provide country. bill: For the last 13 years, I’ve had the First, the fast-track creation of jobs medical care for those who can’t afford pleasure of representing the largest Vi- in the public sector that serve commu- it on their own. Finally, for the financial industry, etnamese population in the world out nity-level needs. whose reckless behavior put this Na- of Vietnam, which is right in Orange Second, immediate investment in the tion and the rest of the world in a deep County, California. Every year, the infrastructure of schools and public recession, Congress must past mean- Union of Vietnamese Student Associa- transit. ingful Wall Street reform and con- tions of Southern California organizes Third, the prevention of the fore- sumer protection. I know we talk all the Orange County Tet Festival, which closure crisis. the time about Wall Street’s being a celebrates the Lunar New Year with an It is very important to recognize and casino. Coming from Las Vegas and array of traditional foods, ceremonies understand what these leaders are say- representing Las Vegas, let me assure and customs. ing with regard to the entire country This year, we celebrate the Year of in this economic recession. The diver- you no casino on the planet behaves as the Tiger, known for their courage and sity of American communities clearly irresponsibly and as recklessly as Wall optimism and fearless leadership. dictates that one size does not fit all, Street does. Wall Street ought to be Those are the qualities of the tiger, according to Ben Jealous of the ashamed and should take a lesson from and all of my constituents have dem- NAACP. the casino industry. onstrated them in overcoming the We have to rebuild Main Street and f enormous challenges that are facing rescue Back Street. We just can’t go IT’S ABOUT JOBS our economy. back to the economy of 3 to 4 years ago (Mr. ROGERS of Alabama asked and Again, it is a great honor to rep- when African Americans suffered pe- was given permission to address the resent the Vietnamese community in rennial unemployment rates. House for 1 minute and to revise and Orange County, and I look forward to f extend his remarks.) wishing them a great new year. Chuc ma na moi! KANSANS NEED JOBS, NOT MORE Mr. ROGERS of Alabama. Where are BROKEN PROMISES the jobs? That’s what the folks in East f Alabama and around the country want JOBS (Ms. JENKINS asked and was given to know. permission to address the House for 1 (Mr. FLEMING asked and was given A year ago, when the President came minute and to revise and extend her re- permission to address the House for 1 in, we thought he was going to do marks.) minute and to revise and extend his re- something about it. Unfortunately, his Ms. JENKINS. Mr. Speaker, last year marks.) idea of remedying the problem was Mr. FLEMING. Mr. Speaker, in the when President Obama signed into law passing the stimulus bill, which I like midst of the worst recession in over a the so-called ‘‘stimulus package,’’ we to think of as the Obama slush fund/po- generation, this administration con- were told that it would cost $787 billion litical slush fund because that’s what tinues to advance its job-killing cli- and that it would create 33,000 Kansas it really is. If it, in fact, had been a mate agendas. For instance, the recent jobs. Unfortunately, the facts paint a stimulus bill, it would have been spent EPA endangerment finding is particu- different picture. Since the stimulus in the first year, at a minimum, in- larly disturbing. became law, the cost has increased to stead of over 5 years. Instead, he This reckless regulation lays the $862 billion, and over 47,000 Kansans didn’t. groundwork for a type of unlegislated, have lost jobs. Last month, I was encouraged when administrative cap-and-trade, which, The same rings true: Making prom- the President said he was going to without an effective tailoring rule lim- ises builds hope. Keeping promises focus like a laser on jobs this year. To iting its application, could destroy builds trust. That’s why I will keep my that end, he has called for a health nearly 3 million manufacturing jobs promise to Kansas by supporting a no- care summit this week. The President and could result in lost economic activ- cost jobs plan to put Kansans back to has got to get off his drive to push uni- ity of $7 trillion. work, to keep taxes low for small busi- versal, government-run health insur- During the State of the, Union we nesses, to increase international mar- ance on the American people, and has heard President Obama proclaim that kets for American products, to practice to start talking about and working on job creation should be this country’s fiscal restraint, and to restore con- the things that we really care about, main focus. Then why does he insist on fidence in the Federal Government. one of which is getting our people back attacking and destroying energy, fi- Kansans need jobs, not more broken to work. nance and the health care sectors, kill- promises. What the President needs to do is to ing jobs in the process? f drop his push for government-run I urge the President to stay true to health care and to start working with his word and to work with Republicans JOBS, WALL STREET AND HEALTH his Treasury Department to get them in order to advance commonsense ideas CARE REFORM and our banks lending again. Start which will rein in government spend- (Ms. BERKLEY asked and was given working with our small business people ing, which will cut our deficits and will permission to address the House for 1 to find out what kind of relief they restore the three top things this coun- minute and to revise and extend her re- need to start hiring again. It’s about try wants the most—jobs, jobs, jobs. marks.) jobs, Mr. President.

VerDate Mar 15 2010 04:07 May 18, 2010 Jkt 089060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H23FE0.REC H23FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H660 CONGRESSIONAL RECORD — HOUSE February 23, 2010 BIPARTISANSHIP going to be used to fund the stimulus tion and of the Republican majority (Mr. HALL of New York asked and to result in jobs, but I join them in that ultimately led to the collapse of was given permission to address the asking: Where are the jobs? Wall Street, to the emptying out of House for 1 minute.) f people’s savings accounts and to the destroying of businesses across Amer- Mr. HALL of New York. Mr. Speaker, PUT ASIDE THE PARTISAN ica. It was also their failed free trade I am happy to say that, on occasion, we AGENDA do work in a bipartisan fashion and policies that exported 3 million manu- that the President works with mem- (Mr. JOHNSON of Georgia asked and facturing jobs during the Bush-Repub- bers of both parties. was given permission to address the lican era. In fact, I was a cosponsor of a bill House for 1 minute and to revise and But, yeah, they always say tax cuts that took effect as law yesterday—the extend his remarks.) will cure everything. I would say that Credit Card Bill of Rights, as it is com- Mr. JOHNSON of Georgia. Mr. Speak- the worst part of the stimulus bill they monly called. There was an account- er, the masters of information, which I are criticizing—and I voted against ability act, which was originally spon- call my colleagues on the other side of that bill—was the $340 billion in tax sored by Congresswoman MALONEY of the aisle here, can’t disagree with the cuts insisted upon by three Republican New York. It passed this House by 357 fact that jobs, homes and insurance Senators. How many jobs have they ‘‘aye’’ votes, if I remember correctly, have been lost by Americans due to the produced? and it passed the Senate with 90 ‘‘aye’’ failed Bush policies of trickle-down ec- What did you do with your tax cuts? votes. That’s a pretty strong statement onomics. last week I asked my constituents. of bipartisanship to protect the Amer- I want to talk about health care. A They said, I didn’t get a tax cut. ican consumer from the same banks, few people came up to me during our I said, Oh, yeah, you did. You got $8 the same financial institutions that last district work period, and said, I’ve less withholding. were bailed out by the taxpayers, lost my job. I’ve lost my home to fore- They said, Well, that’s not going to which then turned around and jacked closure, but take care of health care. do anything. That’s not going to put up interest rates for people with credit We can do it together if we stop the my neighbor back to work. That’s not cards, interest rates as high as 29.9 per- obstruction on the other side of the going to create any jobs. cent. aisle. This is very important for the Their nostrum is more tax cuts, more I know. I was one of those people who American people. Instead of being mas- deficits, more debt, more deregulation, got a notice. I read the fine print, and ters of misinformation, I think my col- more failed free trade. We need a new I said, I pay on time. I’ve paid more leagues on the other side should put direction. Yes, this administration than the minimum payment. How can aside their partisan agenda and work hasn’t done everything I’ve wanted, this be done especially when money/ towards what is best for the American but it’s a heck of a lot better than the credit is so cheap from the Fed? people. disasters they’ve visited upon us. So I am proud of the fact that we f f worked to keep children from being ex- WHERE ARE THE JOBS? WHERE ARE THE JOBS? ploited and students from being sent (Mr. LUETKEMEYER asked and was credit card offers, that we worked to (Ms. ROS-LEHTINEN asked and was given permission to address the House protect families against these unex- given permission to address the House for 1 minute and to revise and extend plained increases in interest rates, and for 1 minute and to revise and extend his remarks.) that we worked together across the her remarks.) Mr. LUETKEMEYER. Mr. Speaker, aisle. Ms. ROS-LEHTINEN. Mr. Speaker, I rise today to ask the same question last week, I spent a lot of time back in f which Americans are asking all over the district, talking to my constitu- WHERE ARE THE JOBS? our great country, which is: Where are ents, and they asked one simple ques- (Mrs. CAPITO asked and was given the jobs? tion: permission to address the House for 1 We still face almost 10 percent unem- Where are the jobs? minute and to revise and extend her re- ployment at the national level and a Folks in Macon, Kirksville, Kahoka, marks.) totally unacceptable 11.8 percent un- and throughout the district remember Mrs. CAPITO. Mr. Speaker, as we employment rate in my home State of all too well the promises of the so- mark the anniversary of the so-called Florida. It is truly astounding that called ‘‘stimulus plan.’’ They realize ‘‘stimulus plan,’’ Americans want to even the administration’s latest budget now they were empty promises. People know: Where are the jobs? estimates project that the national un- back home were eager to hear about In my home State of West Virginia, employment rate will still be near 10 Republican plans to reduce taxes and the White House predicted that their percent for yet another year. to cut spending. Folks are mad at this $800 billion stimulus package would It is time that Americans of all back- Congress for spending more than they create 20,000 jobs. Sadly, we have actu- grounds and parties say, yes, we can do take in and for proposing more job- ally lost over 10,000 jobs. That’s bad better than this. It is time for the killing taxes and regulations. The news for many families. If that’s not President and Congress to take a prov- small business people I talk to under- bad enough that the so-called ‘‘stim- en approach for tax relief for working stand you can’t spend more than you ulus’’ isn’t living up to its promises of families and small businesses while can afford, and you can’t exist with in- new jobs, it’s even worse that the poli- doing everything that we can to reduce creased tax burdens and more harmful cies of this administration are actually the growing Federal debt, which is regulations and expect the economy to contributing to job loss in States like holding up further economic growth. turn around. mine. Cap-and-trade puts an economic We must do better so we no longer have I’ve heard the voices of the people of target on the backs of States like to ask ‘‘Where are the jobs?’’ for yet the Ninth District, and I am going to mine, which results in job loss. another year. work hard to try and find a way to provide more jobs, more jobs, more jobs. Meanwhile, the President’s EPA has f continued to hold up mining permits The people of the ‘‘show me’’ State are across Appalachia, creating an unprec- A NEW DIRECTION waiting for us to show them the jobs. edented sense of uncertainty that is al- (Mr. DEFAZIO asked and was given f ready costing mining jobs and is permission to address the House for 1 b 1300 threatening thousands more. Further, minute.) the EPA is threatening to or is pushing Mr. DEFAZIO. To hear our Repub- IT’S TIME TO LIVE WITHIN OUR to regulate greenhouse gas emissions, lican colleagues, you’d think they have MEANS which will undoubtedly cost more an idea or a plan on how to put people (Mr. KAGEN asked and was given thousands of jobs in our State. back to work. permission to address the House for 1 Mr. Speaker, my constituents may Remember, it was the failed deregu- minute and to revise and extend his re- have thought their tax dollars were latory policies of the Bush administra- marks.)

VerDate Mar 15 2010 04:07 May 18, 2010 Jkt 089060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H23FE0.REC H23FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 23, 2010 CONGRESSIONAL RECORD — HOUSE H661 Mr. KAGEN. Mr. Speaker, during this promise that if we invested in our AMERICAN RECOVERY AND last week, I traveled all across north- country and in our people, we could REINVESTMENT ACT east Wisconsin listening to people in overcome any challenge in our coun- (Mrs. DAHLKEMPER asked and was their kitchens, in their living rooms, try. given permission to address the House and at the plants, shaking hands with However, my friends on the other for 1 minute and to revise and extend people that had come out of work, peo- side have come with hope and promise her remarks.) ple who are happy to have a job, beas well. They hoped that the President Mrs. DAHLKEMPER. Mr. Speaker, cause today no job is a bad job. would fail and they promised to vote my colleagues on the other side have But lest we forget, we should never against every piece of legislation that been asking where are the jobs? forget how we got into this mess. We he offered and that we offered in this Well, I just came back from 2 weeks got into this mess because we had an House. in Pennsylvania in my district, the administration that didn’t live within My friends, when President Clinton Third District of Pennsylvania, and I its means. And without spending a sin- left office, there was a $5.6 trillion pro- can tell you there are jobs coming to gle dime for it, we had two wars at the jected surplus. What we have been left my district, and I’m excited. I’m ex- same time, two tax cuts to the rich, a with is a $13 trillion debt. Our economy cited for the reinvestment part of the gigantic handout to the drug compa- was in free-fall: two undeclared, un- American Recovery and Reinvestment nies, and then at the tail end of their funded wars; a banking system in chaos Act: $130 million in broadband Internet administration, a bailout of Wall and greed on Wall Street. expansion in Pennsylvania, which will Street, nearly a trillion dollars, again Now, if you don’t stand with the bring hundreds and hundreds of jobs to without paying a single dime. stimulus that’s going to invest in our my State. But beyond that, reinvest- It’s time to live within our means. country, in our people, and you voted ment for the future for our businesses, Moreover, it’s time to pass a very sim- against us, what did you stand for? for our students, and for our residents ple piece of legislation that’s three Well, we don’t know what they are of Pennsylvania. pages long, that guarantees trans- standing for but we certainly know I also went to Meadville and saw a parency in all health care pricing so what they are against: a cost of living biomass project that’s going to go for- that any individual or business that of- adjustment for seniors on Social Secu- ward which will create great energy fers health care products and services rity, extensions of unemployment for savings for the school district, for the for sale to the public must at all times out-of-place workers, extensions of recreational facility, and for the career openly disclose all of their prices. COBRA insurance so that folks who and technical institute there. That will f lost their jobs can have insurance, and create 25 jobs this summer, but rein- JOBS AND INTERNATIONAL TRADE the largest tax cut in America’s his- vestment so that energy costs for those tory. three facilities will be much decreased (Mr. FRELINGHUYSEN asked and over the year and they can reinvest in was given permission to address the The world is changed not by critics our students. Shriners Hospital for House for 1 minute.) but by leaders, Mr. Speaker. Mr. FRELINGHUYSEN. Mr. Speaker, Children, $250,000 for energy savings; with employment close to 10 percent f $63,000 a year they’re going to save on nationwide, it’s time to promote stable their energy bills, money that can be private sector jobs. WE NEED JOBS FOR AMERICANS used for children’s care, free children’s The people of my home State of New care. (Mr. POSEY asked and was given per- The jobs are out there. Jersey have long depended on inter- mission to address the House for 1 national trade to drive economic minute.) f growth and put people to work. The Mr. POSEY. Mr. Speaker, where are AMERICAN AUTO SUPPLIERS DE- United States is the world’s largest ex- the jobs? SERVE BETTER FROM THEIR porter with $1.29 trillion in revenue I am reading verbatim from portions GOVERNMENT last year, a symbol of America’s global in an article printed in one of our local leadership. As the world becomes more (Mr. TURNER asked and was given papers: integrated, our economy and employ- permission to address the House for 1 ‘‘NASA plans more outreach to Mus- ment are increasingly driven by trade. minute and to revise and extend his re- Unfortunately, the House majority lim countries,’’ by Mark Matthews, marks.) leadership has chosen to indefinitely February 16. Mr. TURNER. Mr. Speaker, as the postpone consideration of all major ‘‘NASA Administrator Charlie Bold- administration begins to finally focus trade agreements with Colombia, en said Tuesday that President Barack on job creation, they should look to South Korea, and Panama. American Obama has asked him to ‘find ways to the auto industry. Last year, the Fed- businesses, large and small, are de- reach out to dominantly Muslim coun- eral Government, at the insistence of prived of more and more economic op- tries’ as the White House pushes the the administration, provided a $30 bil- portunities each and every day Con- space agency to become a tool of inter- lion bailout to General Motors to cre- gress delays their implementation. national diplomacy now. ate, according to administration offi- Countries in Europe and Asia have al- ‘‘Specifically, he talked about con- cials, ‘‘a leaner and more efficient com- ready completed or are poised to com- necting with countries that do not pany.’’ plete trade agreements with these na- have an established space program and Recently, in House hearings, I questions. This will put our American ex- helping them conduct science missions. tioned Assistant Treasury Secretary porters at a distinct disadvantage. He mentioned new opportunities with Allison about taxpayer dollars sub- Mr. Speaker, we need these trade Indonesia, including an educational sidizing GM expansion and investment agreements. Our international com- program that examines global climate overseas. This taxpayer bailout appears petitors are eating our economic lunch. change. ‘We really like Indonesia be- to have cost additional U.S. jobs and is cause the State Department, the De- f jeopardizing automotive supplier com- partment of Education, and other agen- panies. Harco Manufacturing, from my HOPE AND PROMISE cies in the U.S. are reaching out to In- congressional district, is an example of (Mr. BOCCIERI asked and was given donesia as the largest Muslim nation in a supplier being impacted by the bail- permission to address the House for 1 the world. We would love to establish out of General Motors. After receiving minute and to revise and extend his re- partners there,’ Bolden said.’’ bailout funds, General Motors has se- marks.) It looks to me like the administra- lected suppliers from overseas, making Mr. BOCCIERI. Mr. Speaker, when tion is looking out for everyone except it nearly impossible for domestic com- President Barack Obama came to town, our own space workers. Am I the only panies to fairly compete for business. he brought hope and promise: hope one who thinks there’s something Harco has requested that auto czar that our best days were still ahead of wrong with this picture? Ed Montgomery visit their facility to us and that we would work together; We need jobs for Americans. talk about these issues during his trip

VerDate Mar 15 2010 04:07 May 18, 2010 Jkt 089060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H23FE0.REC H23FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H662 CONGRESSIONAL RECORD — HOUSE February 23, 2010 to Ohio tomorrow. It is my hope that the Transparency in Job Loss from Finally, interim president of the Mr. Montgomery will work with them Fishery Closures Act of 2010, a com- Southern University System, Dr. to help grow jobs here and not over- prehensive bill that instructs NOAA to Kassie Freeman. Dr. Freeman is an seas. reverse the harmful fisheries closures. internationally recognized scholar in Mr. Speaker, American auto sup- f her own right. At the helm of the Na- pliers deserve better from their govern- tion’s only Historically Black Univer- HEALTH CARE REFORM ment. sity System, she made Southern Uni- f (Ms. MCCOLLUM asked and was versity’s transition out of FEMA trail- given permission to address the House ers and into permanent facilities a pri- SMALL BUSINESSES AND THE for 1 minute and to revise and extend ority, insisting upon those students’ HIGH COST OF HEALTH INSUR- her remarks.) continued education. ANCE Ms. MCCOLLUM. This Thursday, It is my honor to recognize these in- (Mr. SARBANES asked and was given something exciting is going to happen dividuals’ contributions to our Na- permission to address the House for 1 right down the street, Pennsylvania tion’s history and to support them in minute and to revise and extend his re- Avenue. The White House door is open. their efforts in Orleans and Jefferson marks.) The leadership of both the Senate and Parishes. Mr. SARBANES. Mr. Speaker, in the the House, Democrat and Republican f last few weeks, I have been going leadership, come together to talk around my district visiting main about what Americans want to have JOBS AND THE ECONOMY streets and talking to small businesses, happen: reform to health care. (Ms. EDWARDS of Maryland asked and they have been appreciative of the Now, everyone knows that our health and was given permission to address efforts we have made with the Amer- care system is failing, and it’s failing the House for 1 minute and to revise ican Recovery and Reinvestment Act. for Democrats and Republicans and and extend her remarks.) But they recognize something else, Independents and children and young Ms. EDWARDS of Maryland. Mr. and that is, even if the economy begins and old and for people all across this Speaker, during the State of the Union to come back, and we hope that that’s country. And I’m excited that we’re message last month, the President re- happening, they understand that as going to sit down and try to work minded us that he inherited a true eco- small businesses, they’re still grap- things out in a compromise, because nomic mess and that job losses have pling with the high cost of purchasing people need to have access to health been reduced dramatically due to ac- health insurance coverage. In fact, if care. tions by the Democrats in this Con- you look at the 45 million Americans There are some principles that I’ve gress and his administration. who currently lack insurance coverage heard from the people that I represent At the end of the Bush years in Janu- in this country, about 28 million of back home. We must cover as many ary 2009, 800,000 Americans lost their them are employed by small businesses people as possible with affordable cov- jobs. But by contrast, after just 1 year or are the proprietors of small busi- erage. We must do away with discrimi- of economic recovery policies from nesses. natory practices such as preexisting Democrats in this Congress and Presi- That’s why I’m glad that the Presi- conditions and unfair practices such as dent Obama, 20,000 people lost their dent’s health care proposal building on caps and rescission. But most of all, jobs in January 2010. the ideas in this Chamber addresses people in Minnesota want a system Make no mistake, any jobs lost are this important grievance that small that rewards quality and value. That’s important to the people who have lost businesses have and is designed to give the best thing for taxpayers, the best them. But we’re on the road to recov- them more access to an affordable thing for patients, and the best thing ery. health insurance market. That is abso- for America. The philosophy that ‘‘a rising tide lifts all boats,’’ though, does have its lutely critical for their long-term eco- f nomic stability. limitations. So we need an economic BLACK HISTORY MONTH and industrial policy in this country f (Mr. CAO asked and was given per- that creates jobs for the future for the TESTIMONY ON THE UNITED WE mission to address the House for 1 long term and to put those who are FISH RALLY minute and to revise and extend his re- newly unemployed and the chronically (Mr. BROWN of South Carolina asked marks.) unemployed back to work. In short, we and was given permission to address Mr. CAO. Mr. Speaker, I rise today in need to embrace our clean energy fu- the House for 1 minute and to revise honor of Black History Month and to ture for sustained job creation, eco- and extend his remarks.) recognize three leaders who have ad- nomic growth and innovation, and let’s Mr. BROWN of South Carolina. Mr. vanced the Nation’s Historically Black use our taxpayer dollars to buy Amer- Speaker, I rise today to recognize fish- Colleges, bringing opportunity and ican, to build American. ermen from South Carolina who are hope to many students, especially in f traveling to Washington to participate the aftermath of Hurricane Katrina. b 1315 in the United We Fish rally tomorrow. First, Xavier University president, They will join thousands of fishermen Dr. Norman Francis. Dr. Francis is JOBS AND PRODUCTIVITY from across the east coast to protest known for his effective leadership and (Mr. FRANKS of Arizona asked and against the recent red snapper and his commitment to community. He has was given permission to address the shallow-water grouper ban and the pro- led the regeneration of the university House for 1 minute and to revise and posed closing of nearly 10,000 square and the surrounding neighborhood extend his remarks.) miles in the South Atlantic. after Hurricane Katrina. Dr. Francis Mr. FRANKS of Arizona. You know, The current ban not only threatens continues to be a voice in our recovery sometimes, Mr. Speaker, those of us in the jobs of recreation and commercial and an example of hope. government in our erudite debate for- fishermen, but also small business own- Dillard University president, Dr. get that all economy is effectively pro- ers that rely on the recreational fish- Marvalene Hughes. In 2005, Dr. Hughes ductivity. That is what it is about. And ing industry in coastal communities. took the helm as Hurricane Katrina the foundation of productivity in this Extending the ban would create further came ashore and nearly destroyed the country is jobs. economic hardships in South Carolina school. Many would have left, but she Since Democrats took control of this as we currently suffer from one of the took on the challenge of rebuilding and Chamber, almost 7 million jobs have top five unemployment rates in the Na- recovery, living in a hotel with her stu- been lost. A year ago, Mr. Obama and tion. dents for nearly a year. Under her lead- the Democrats passed a trillion-dollar As a representative of 75 percent of ership, Dillard’s campus and the neigh- stimulus which was supposed to solve the coastline of South Carolina, I will borhood have been revived and are the problem, but instead has left us join my constituents at the United We thriving, and hope for a generation of with nearly a 10 percent unemployment Fish rally and push Congress to pass students has been restored. rate.

VerDate Mar 15 2010 04:07 May 18, 2010 Jkt 089060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H23FE0.REC H23FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 23, 2010 CONGRESSIONAL RECORD — HOUSE H663 Mr. Speaker, this left-wing Democrat AMERICA IS GOING IN THE RIGHT with job creation or with health care, notion that we can borrow, tax, and DIRECTION as if these are unrelated. The American spend our way into economic pros- (Mr. ELLISON asked and was given Recovery and Reinvestment Act, perity should now be disproven thor- permission to address the House for 1 passed this past year, is already fund- oughly in the minds of any reasonable minute and to revise and extend his re- ing around this country an expansion person. Yet we learn today that marks.) of community health centers. It is inexplicably this administration still Mr. ELLISON. Mr. Speaker, if you funding already implementation and plans to shove the monstrosity of gov- would listen to the party opposite, you use of information technology in the ernment-controlled health care down would not know that America is actu- health care fields. This is doctors’ of- the throats of the American people. ally on a real trajectory for positive fices and hospitals, and in training the This will raise costs, decrease quality, change in the area of jobs. When Presi- workers to use it. This provides, yes, rob the American people of their God- dent Bush left office, for the last 3 jobs, as well as better health care for given freedom, rob our children of their months of his administration America Americans. future, and it will cost America many, was hemorrhaging jobs at the rate of In the health care legislation that is many more jobs, Mr. Speaker. Where 750,000 on average. And now, in Janu- taking shape, based on the common will the madness end? ary, only 22,000 jobs lost. Now we are principles of the House-passed and Sen- ate-passed legislation, that too will f going in the right direction. You can’t overturn and change over 8 lead to economic growth and jobs. In THE BENEFITS OF THE RECOVERY years of Republican rule in simply a particular, not only will there be med- ACT finger snap. But the Democratic Cau- ical innovation, but it will assist small (Ms. RICHARDSON asked and was cus is on its way to restoring this coun- businesses and large with these large given permission to address the House try to economic health. We have seen expenses they have in covering the for 1 minute and to revise and extend increases in GDP. We have seen in- health care of their employees. And her remarks.) creases in manufacturing. We have less money will be wasted in exorbitant Ms. RICHARDSON. One year ago the seen increases in significant indicators. salaries and profits, and will actually economy was declining by 6 percent. And this country needs more help, but go to providing health care. Over 600,000 Americans month after we are going in the right direction, f month after month were losing their which is something we were not doing OBAMACARE 2.0 jobs, with no relief. The American Re- when President Obama took office a (Mr. LAMBORN asked and was given covery and Reinvestment Act that this year ago. permission to address the House for 1 Democratic Congress ensured that we All the American people need to do is minute.) brought forward was enacted to ensure just look at the numbers. Things are Mr. LAMBORN. Mr. Speaker, I rise that President Obama and his commit- getting better. And the message of today to express disappointment with ment as well would jump-start our doom and gloom can never match up to Obamacare 2.0. Apparently President economy, that we would create and one of hope. Obama did not get the message Ameri- save 3.5 million jobs, that we would f cans don’t want a big government give 95 percent of Americans who need- FOCUS ON JOBS takeover of health care. This $1 trillion ed assistance a tax cut that we would health care bill is just more of the deliver, and finally, that we would re- (Mr. SCALISE asked and was given same: more spending, more taxes, and build America through our roads, our permission to address the House for 1 more government mandates. The rail, and our water infrastructure. minute.) American people want us to start over When we look at America today, we Mr. SCALISE. Mr. Speaker, earlier on health care, wipe the slate clean, are doing better than what we were this week President Obama released his and consider commonsense reforms doing a year ago, but we have more to latest version of a government take- that won’t bankrupt our country. do. The American Recovery Act helped over of health care. And as you look at But what Americans want the most us to create new infrastructure, to the details of his latest plan, it is not of all are jobs. Where are the jobs? Gov- train teachers, hire educators, and to much different than the previous plans ernment doesn’t create jobs, but we improve health care. But we are ready that the American people have contin- can do things to allow the private sec- to do more. ued to reject. And while the American people are tor to create jobs. We could do these f saying where are the jobs, and they three things: across the board tax cuts, increase domestic energy production, FIRST DO NO HARM want Congress to be focused on creating jobs, all that they get from this and stop the overregulation of busi- (Mr. SHIMKUS asked and was given tone deaf liberal leadership is more ness. Those three simple things would permission to address the House for 1 government takeover, more taxes, and create jobs. If the President really minute and to revise and extend his re- more policies that are running millions wants to, this is where he should start. marks.) of jobs out of this country. f Mr. SHIMKUS. The Hippocratic oath It is time that this liberal leadership CRITICIZING PROGRESS is well known for the phrase, ‘‘First do start listening to the American people no harm.’’ Unfortunately, we have con- and work with those of us who have for (Mr. MEEKS of New York asked and tinued to come down on this floor and months and months been saying we was given permission to address the ask a simple question. Where are the need to reduce the cost of health care, House for 1 minute and to revise and jobs? What business and industry needs we need to address preexisting condi- extend his remarks.) is some certainty. What this Congress tions, and we need to do common sense Mr. MEEKS of New York. If this and administration continues to offer medical liability reform, and we need a wasn’t so serious, it would be laugh- is more uncertainty, which translates focus on jobs instead of more taxes, able. Eight years they had a chance, into higher risks, which increases bor- more runaway spending, and more poli- the other side here, to get this econ- rowing rates. cies that are running jobs out of this omy right. Eight years. And they are We should first do no harm. We country. the ones that drove it into the ground should stop the government takeover f and dares criticize when someone is of health care, which will raise rates turning it around so we are going in and cost jobs. We should oppose a cap- JOB CREATION AND HEALTH CARE the right direction. Eight years. This and-trade scheme which will raise en- (Mr. HOLT asked and was given per- didn’t happen overnight when we start- ergy costs and destroy jobs. Shelving mission to address the House for 1 ed losing jobs. When President Bush these two major Democratic proposals minute and to revise and extend his re- left office we were losing 750,000 jobs a would do the most to return some cer- marks.) month. What did they do? Nothing. tainty to the economy so business can Mr. HOLT. Mr. Speaker, we hear the Then you have President Obama work on maintaining and creating jobs. question, should Congress be dealing come on board, started turning things

VerDate Mar 15 2010 04:07 May 18, 2010 Jkt 089060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H23FE0.REC H23FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H664 CONGRESSIONAL RECORD — HOUSE February 23, 2010 around, and what do they do? Criticize. Finally, this. In my State of Texas, 6 noteworthy is that the majority of Re- Criticize progress of creating jobs million are uninsured, 1.4 million chil- publicans actually voted against the again. Criticize trying to create an op- dren uninsured. This is inexcusable. jobs bill yesterday that spent only $15 portunity for America to have good There is a difference between some- billion. health care again. Criticize the fact thing being unsustainable and being in- Were you afraid that that would con- that we are able to improve bridges and excusable. It is inexcusable. tribute to the deficit? How much are roads. Criticize the fact that we are f you willing to help the American peo- going to be able to approve the money ple get out of the deficit that you left to help the unemployed. Eight years of TOO MUCH GOVERNMENT us and get out of the economic morass driving the economy into the ground. SPENDING that you have bequeathed us? One be- One year. President Obama had 1 (Mr. GARRETT of New Jersey asked gins to wonder if we could even get un- year to make sure that we begin to re- and was given permission to address employment insurance passed. We have store America to the prosperity that the House for 1 minute.) sent over a bill to the other body which we had 8 years prior to the Bush ad- Mr. GARRETT of New Jersey. Mr. is far larger. Let’s hope that we can get ministration. Let’s continue to move Speaker, the other side of the aisle has more such bills passed. in the right direction. been calling for even more misguided f f government spending despite the fact that they have controlled this House b 1330 ORLANDO ZAPATA TAMAYO for the last 3 years, with massive THERE’S A BETTER WAY (Mr. LINCOLN DIAZ-BALART of spending in the past. Hasn’t the Amer- FORWARD Florida asked and was given permis- ican public spoken loud and clear that (Mr. SAM JOHNSON of Texas asked sion to address the House for 1 minute.) the Federal Government is just spend- Mr. LINCOLN DIAZ-BALART of and was given permission to address ing too much and trying to do too the House for 1 minute.) Florida. I rise today to inform my col- much, and that they want us to start leagues that a great Cuban hero, Or- Mr. SAM JOHNSON of Texas. Mr. cutting spending here? Speaker, you know, small businesses lando Zapata Tamayo, who is a pris- You know, the consequences of gov- oner of conscience in the gulag of the want, need, and deserve policies that ernments spending too much money will encourage, not punish economic Castro brothers, is in critical condition are apparent around the world. Over in and near death. growth. And yet, due to the Democrats’ Greece, with potential default, they are Forty-two years old, Orlando Zapata tax-and-spend agenda, job creators in only the tip of the iceberg. You have has been active in the Cuban pro-de- my district are either cutting their mocracy movement for many years. Al- Italy and Spain also showing serious payrolls or holding back on hiring. ready a political prisoner in 2003, he concerns as well. But here at home That’s why we have a record 16 million was released by Castro for 14 days be- over the last 3 years we now see, be- Americans unemployed. fore being imprisoned once again and cause of the Democrat leadership of the There’s a better way forward, and sentenced to 25 years in the gulag, in House, $1.6 trillion deficits without any that way forward is with pro-growth, March 2003. serious commitment whatsoever about small business tax cuts that will help A colleague and partner in the strug- trying to cut spending. get this economy moving again. Mr. gle for freedom of Dr. Oscar Elias And what is the result of that? Well, Speaker, small business owners know Biscet, Orlando Zapata personifies the Moody’s is now saying that there is a how to run their company better than best of mankind. And the fact that he real possibility that the U.S. may lose a Washington bureaucrat. It’s time for is near death at this moment in the its AAA rating. Think about that for a the government to get out of the busi- Castros’ gulag points to the profoundly moment. Serious people are beginning ness of running small business. criminal nature of that grotesque to- to whisper that if things don’t change f talitarian criminal regime. His condi- here, the U.S. may actually default on THE RECOVERY ACT tion and fate are the Castro brothers’ its debts in the coming years and do se- doing. If he dies, his blood will be on rious damage to our economy and (Ms. CASTOR of Florida asked and Castro’s hands. weaken it and cause higher interest was given permission to address the House for 1 minute and to revise and f rates. You know, throughout the last year extend her remarks.) CURRENT HEALTH CARE SYSTEM we have talked a lot about spotting Ms. CASTOR of Florida. Mr. Speaker, CANNOT BE SUSTAINED systemic risk in our economy. Well, I’m here to report that the Recovery (Mr. AL GREEN of Texas asked and there is one major risk in it right now, Act is working in my hometown of was given permission to address the our mammoth Federal deficit and ever- Tampa, Florida. Yesterday, I attended House for 1 minute and to revise and increasing debt. Washington and the a groundbreaking for a new community extend his remarks.) Democrat majority leadership must get health center that is desperately need- Mr. AL GREEN of Texas. Mr. Speak- serious about addressing this fast. ed in a part of town where they don’t er, the current system with reference f have anywhere else to go other than to health care cannot be sustained. We the emergency room, where we all end are currently spending $2.5 trillion per WE NEED A JOBS BILL up paying for their health care. year. That is a large number, difficult (Ms. NORTON asked and was given But in attendance at the to get your mind around it. However, permission to address the House for 1 groundbreaking were some of the con- $79,000 a second is something that we minute and to revise and extend her re- struction workers, contractors, the ar- all can understand. And by 2018 it will marks.) chitects, the real estate agents that become $4.4 trillion per year. That Ms. NORTON. One has to congratu- will be put to work constructing this would be $139,000 per second. late the other side for chutzpah. After new community health center. For those who say, this is not my racking up most of what is now the def- And just a couple of weeks ago I vis- fight, I have good insurance, it may be icit, they have gotten religion on the ited another community health center that you have not utilized your insur- deficit in the middle of a recession. up the road, run by Tampa Family ance and you don’t really know how When conservative and progressive Health Centers, and met doctors, good it isn’t. For those who say I have economists say when the only body nurses, medical professionals, a new re- insurance, I am okay, remember that that has any money is the government, ceptionist that were hired because of 14,000 people per day lose their insur- you better spend it for jobs. the Recovery Act. It’s these dollars ance. But for the grace of God, you I wonder if in this House we would at that are investing in our hometowns, may be one of the 14,000 people without least do what they did in the other putting people back to work in the insurance tomorrow. So please under- body yesterday, when five Republicans short term constructing these new fa- stand this is everybody’s fight, because crossed over to actually be for a mod- cilities, but in the long term providing the economy of this country is depend- est jobs bill. It certainly is not the bill better health care at affordable rates ent upon how we impact health care. that I would have wanted, but what is for our families.

VerDate Mar 15 2010 04:07 May 18, 2010 Jkt 089060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H23FE0.REC H23FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 23, 2010 CONGRESSIONAL RECORD — HOUSE H665 OUR ECONOMIC FUTURE It’s very simple. The only city in the Whether it’s the stimulus that failed (Mr. REHBERG asked and was given entire country that actually saw sig- to create jobs, or the job-killing na- permission to address the House for 1 nificant job growth is right here in tional energy tax, or this massive gov- minute.) good old Washington, D.C. The Federal ernment takeover of health care, small Mr. REHBERG. Many in this Cham- Government is adding jobs at a rate of business owners are worried. ber think jobs come from the benevo- nearly 10,000 a month, the fastest pace My constituent said, ‘‘I’ve had small lence of the Federal Government. But since the 1960s when Medicare and Med- businesses most of my life, so I under- last week I visited businesses in four icaid were created. There is definitely stand when you would feel like hiring Montana towns to hear what small no recession going on in this city, more people. Businesses want to know business owners who actually create while everybody else in this country is the rules, and they want a consistent jobs had to say. They told me the Fed- fighting to keep their jobs. future where they can project and plan. Instead of providing the right kind of ‘‘What’s going on in the White House, eral Government has created a lot of incentives to grow the private sector with all these different bills and health paralyzing uncertainty. care, it’s a big unknown out there. Small businesses like Printing for and small business, the administration Businesses are scared, and they have Less in Livingston are eager to expand continues to bury this country further into debt. no idea what the future is. They don’t and hire, but Federal policies hold Let’s start working together to im- want to invest, they don’t want to hire. them back. Andrew Field, the owner, plement responsible solutions to the The economy’s not going to rebound if cited concerns such as uncertainty serious challenges facing our Nation. they badger businesses the way they about health care, cap-and-trade, and We have to stop this Federal takeover are right now.’’ expiring tax cuts. He said, for example, which is truly bankrupting our coun- I say ‘‘Amen’’ to that, Mr. Speaker. that he needs the threat of health care try. Let’s push these job-killing bills off the mandates defeated. f table and get together and work in a I’ve never met someone who would bipartisan way. buy a car made by Congress. That’s be- NEW JOBS IN LOUISVILLE, cause we’ve seen how Congress works. KENTUCKY f But after touring those small busi- (Mr. YARMUTH asked and was given WHAT ABOUT THE FREE TRADE nesses and seeing firsthand the inge- permission to address the House for 1 AGREEMENTS? nuity of American entrepreneurs, I can minute.) (Mr. ROSKAM asked and was given think of no better hands in which to Mr. YARMUTH. Mr. Speaker, we’ve permission to address the House for 1 trust our economic future. heard one after another of our col- minute.) f leagues from the other side come today Mr. ROSKAM. Mr. Speaker, a couple and ask, where are the jobs? Well, I in- of weeks ago President Obama came HEALTH CARE REFORM vite them all to visit my district be- and he addressed the House Repub- (Mr. PALLONE asked and was given cause in Louisville, Kentucky, the licans in our retreat in Baltimore, and permission to address the House for 1 American Recovery and Reinvestment I posed a question to him. And, in a minute.) Act has created hundreds and hundreds nutshell, I asked, how about the free Mr. PALLONE. Mr. Speaker, I’m of jobs and will create hundreds more. trade agreements? very pleased that on Thursday we’re Already, 1,800 certified jobs, doing This is an opportunity where we can going to have this health care summit things like building additions to two come together, both sides of the aisle, because I do think there’s an oppor- new schools, building a new facility at frankly, at a no-cost job creation ini- tunity for us to work together on a bi- our TARC system, our bus system, a tiative. And we’ve heard a lot of con- partisan basis to achieve health care new maintenance facility, a new fire sternation and a lot of hand-wringing reform. station in Louisville, paving miles and today, and we’ve seen it on the House I think we need to achieve three miles of interstate, all of these things floor, where Democrats are very, very things. First of all, we need to lower are bringing people to work, creating concerned about a debt that they’ve in- prices, or at least prevent the type of jobs, not to speak of the 600 jobs in our herited, they claim. Republicans have price increases we’ve seen in insurance school system that have been saved be- pointed out the national debt has tri- premiums. We’re hearing 20, 30 percent cause of the stimulus funding. pled under their watch. increases in many parts of the country. No, anybody who wants to see jobs And yet here is an opportunity to put Secondly, we have to try to cover as created can come to Louisville, Ken- together and to advance legislation many Americans as possible. There are tucky. And as I said, they’re not fin- that will open markets overseas in at least 30, 40 million Americans that ished because, due to stimulus funding, Panama, in Colombia, and in South have no health insurance right now. General Electric’s Appliance Park is Korea. And lastly, we have to get rid of dis- about to bring 400 new jobs to our com- And in a moment of candor, Presi- criminatory practices where people pay munity to build an energy efficient dent Obama acknowledged that the more or can’t even get health insur- water heater. lion’s share of the problem was on his ance because of preexisting conditions And lest anybody think these are side of the aisle, that in fact it was pol- or because of gender differences. jobs that are moving from one place to itics in the Democratic Caucus that If we can accomplish the goal of all another, they’re right. They’re coming was preventing that from coming to three of these items on a bipartisan from China to the United States. the floor. basis, we can come up with a bill that f And I think, Mr. Speaker, this is an can pass here and go to the President. opportunity for us to transcend those THE ECONOMY I believe that all of us would like to problems and do a no-cost job creator, see health care reform on both sides of (Mr. KLINE of Minnesota asked and and that is pass these free trade agree- the aisle. We just need to sit down and was given permission to address the ments. work on it and get it done this year be- House for 1 minute and to revise and f cause the American people need health extend his remarks.) care reform. Mr. KLINE of Minnesota. Mr. Speak- RECENT EVENTS f er, at a town hall meeting in Faribault, (Mr. CLYBURN asked and was given Minnesota, just this past Friday night, permission to address the House for 1 WHERE ARE THE JOBS? a small business owner shared his frus- minute and to revise and extend his re- (Mr. LEE of New York asked and was trations that I am certain every Mem- marks.) given permission to address the House ber of Congress is hearing from their Mr. CLYBURN. Mr. Speaker, I want for 1 minute.) constituents. And certainly, we heard to join all my colleagues in calling for Mr. LEE of New York. For months the gentleman from Montana (Mr. jobs legislation that will get our people now my constituents in western New REHBERG) describe the frustrations he back to work and asking for a health York have been asking, Where are the heard from small business owners in care reform bill that will be affordable jobs? his great State. and accessible to all Americans.

VerDate Mar 15 2010 04:07 May 18, 2010 Jkt 089060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H23FE0.REC H23FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H666 CONGRESSIONAL RECORD — HOUSE February 23, 2010 But, Mr. Speaker, I rise also to ask struction of this center is going to put his sermon with a prayer for all of my colleagues, as they think about re- 300 people to work and give access to those in our church that were unem- cent events involving the Texas Fed- good transportation options to count- ployed. With this on my mind as I eral building, where the IRS building less more residents of central Illinois. walked out into the foyer, I saw one of was exploded by an airplane, and one of This project would not have been pos- the largest employers in our area and our colleagues has now called the act sible without the American Recovery walked up to him and said, ‘‘Sir, what of terrorism a noble act. and Reinvestment Act. will it take for you to begin hiring The fact of the matter is, the gen- I’m proud that the Recovery Act is again?’’ tleman that lost his life in that build- helping those individuals get back to He did not hesitate. He looked me ing, Vernon Hunter, is from, or was work. We must continue to invest in right in the eye and said, ‘‘Washington from, Orangeburg, South Carolina, American infrastructure, build upon has injected too much uncertainty which I proudly represent in this body. the work that the Recovery Act is about what my health care expenses He spent two tours in Vietnam and was doing, and continue to work to create are going to be and what the health about the business of carrying out his jobs. care that I have to provide my employ- duties and responsibilities to this great f ees will have to be.’’ He said, ‘‘There is country of ours. If anybody is a hero, it also a great deal of uncertainty about is this victim. And I find it appalling HELPING THE PEOPLE my tax rates and about what taxes I that a Member of this body would call (Mr. MCCAUL asked and was given am going to have to pay.’’ He said, his death a noble happening. permission to address the House for 1 ‘‘Before I can begin to hire people f minute.) again, Washington needs to clarify and Mr. MCCAUL. You cannot help the remove that uncertainty.’’ DOMESTIC ENERGY PRODUCTION poor by destroying the rich. You can- This is what’s keeping us from hav- (Mr. CASSIDY asked and was given not strengthen the weak by weakening ing jobs today in the United States. permission to address the House for 1 the strong. You cannot bring about f minute and to revise and extend his re- prosperity by discouraging thrift. You THE JOBS ARE HERE THANKS TO marks.) cannot lift the wage earner up by pull- THE STIMULUS Mr. CASSIDY. Mr. Speaker, Ameri- ing the wage payer down. You cannot cans are asking, where are the jobs? further the brotherhood of man by in- (Mr. GENE GREEN of Texas asked Now, to create jobs there must be af- citing class hatred. You cannot build and was given permission to address fordable energy. As it turns out, cre- character and courage by taking away the House for 1 minute and to revise ating energy creates jobs. people’s initiative and independence. and extend his remarks.) First, let me compliment the Presi- And you cannot help people perma- Mr. GENE GREEN of Texas. Mr. dent. Last week, he announced a com- nently by doing for them what they Speaker, many times we come up here mitment to developing new power could and should do for themselves. and we hear my Republican colleagues plants in the United States. It’s a great That was a quote from President say, ‘‘Where are the jobs?’’ Well, I am step in the right direction because do- Abraham Lincoln. going to tell you where the jobs are at. mestic energy production means more In Houston, Texas, yesterday, we did jobs, with good benefits, lower energy f an event with the Port of Houston and prices, and greater energy security. TRANSFORMING THE AMERICAN the industries along that channel— Now, although moving forward with ECONOMY whether they be refineries or chemical nuclear energy, the administration has (Mr. HASTINGS of Florida asked and plants or stevedoring companies or effectively banned, through delays, new was given permission to address the shippers. The jobs that we have natural gas and oil production. The Na- House for 1 minute.) through the American Recovery and tional Association of Utility Commis- Mr. HASTINGS of Florida. Mr. Reinvestment Act are at the Port of sioners recently reported that the ad- Speaker, the economy in America did Houston to the point of $98 million ministration’s current delay on natural not transform overnight. Over a period that came through that act to create gas and oil production eliminates 13 of the last 40 years that I can account and to expand the jobs at the Port of million jobs, $2.35 trillion in lower en- as an adult, or working person, many Houston, to make sure we can bring in ergy costs, and $2.36 trillion in eco- significant changes have taken place in those ships, make sure we can get that nomic growth. By the way, it also this great country. It is obvious that dredging done so they can be competi- eliminates royalty payments and bil- there were Democrats and Republicans tive not only with our own country’s lions of dollars to cash-strapped States. in the United States Congress during ports but also worldwide. Now I applaud the President for ad- that 40 years, and that either party had The jobs are in our district that were vancing nuclear energy. Let’s do the control of either the House, or the Sen- awarded money to benefit Early Head same with domestic oil and gas. We ate, or the White House, or all of the Start in Houston areas Head Start; the know where the jobs could be. They’re above, at some point. Department of Education; Early Head in oil and gas. Mr. President, allow In my view, it is a bit of hyperbole Start in the Galena Park School Dis- their creation. for someone to suggest that Barack trict received funds; expanding Head f Obama, once he became President of Start programs in our district, hiring more teachers, but also expanding it so JOBS the United States, was to cure that 40- year transformation in our economy parents can have a child go to Head (Mrs. HALVORSON asked and was that led to joblessness and an almost Start, and they can go to work and given permission to address the House clear financial disaster for this country earn some money—including new cen- for 1 minute.) and this globe. To expect this Presi- ters, one in Channelview, Texas, we Mrs. HALVORSON. Mr. Speaker, it’s dent to cure that problem in 1 year is hope to open. Expanded federally quali- critical that we get people back to just plain ridiculous. fied health clinics in our district are work across this country. Nothing is We need a direct-hire job creation serving more people because of the Re- more important to the American peo- program, and we need it now. covery Act. ple at this time than jobs. That’s why f I was proud to announce $22 million in f WHERE ARE THE JOBS? stimulus funds for my district’s b 1345 multimodal transportation center lo- (Mrs. MCMORRIS RODGERS asked cated in the city of Normal, Illinois. WHERE ARE THE JOBS? and was given permission to address There are those who have said, and (Mr. MARCHANT asked and was the House for 1 minute and to revise continue to say, that projects like this given permission to address the House and extend her remarks.) will not put people back to work; who for 1 minute.) Mrs. MCMORRIS RODGERS. I want still say that the stimulus isn’t work- Mr. MARCHANT. Mr. Speaker, as we to join the chorus asking, Where are ing. But here’s the reality: The con- left church yesterday, our pastor ended the jobs?

VerDate Mar 15 2010 04:07 May 18, 2010 Jkt 089060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H23FE0.REC H23FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 23, 2010 CONGRESSIONAL RECORD — HOUSE H667 When the stimulus was passed a year House for 1 minute and to revise and ANNOUNCEMENT BY THE SPEAKER ago, we were promised—promised—that extend his remarks.) PRO TEMPORE jobs would be saved. Instead, we’ve Mr. BURTON of Indiana. Mr. Speak- The SPEAKER pro tempore. Pursu- seen 31⁄2 million people lose their jobs. er, I’ve had six town meetings in the ant to clause 8 of rule XX, the Chair We were promised unemployment last couple of weeks, and if I were talk- will postpone further proceedings wouldn’t go above 8 percent, and yet ing to the President, I would like to today on motions to suspend the rules it’s hovering at 10 percent. tell him what those people have been on which a recorded vote or the yeas Defenders of the stimulus bill argue saying. and nays are ordered, or on which the that the situation would be much Number one, they don’t want a gov- vote incurs objection under clause 6 of worse if the stimulus had never taken ernment-controlled health care plan. rule XX. effect. But many economists are start- They just don’t want it. And second, Record votes on postponed questions ing to ask a different question: Could it they want jobs. will be taken later. be that the stimulus itself is adding to What we ought to be doing is cutting f job losses? spending and doing what Ronald Today’s Wall Street Journal features Reagan did, and that is cutting taxes RECOGNIZING THE BRAVERY AND an op-ed by Robert Barro, who is a pro- across the board. People said that was EFFORTS OF THE MEMBERS OF fessor of economics at Harvard Univer- the wrong thing to do then, but it cre- OPERATION UNIFIED RESPONSE sity. He argues that the forgotten ele- ated 20 years of prosperity because we Mr. SKELTON. Mr. Speaker, I move ment in the stimulus debate is whether to suspend the rules and agree to the the government’s spending reduced or knew that if people had more dispos- resolution (H. Res. 1066) recognizing enhanced private spending and whether able income, they would spend it and it the bravery and efforts of the United public sector hiring lowered or raised would create jobs and a sound econ- States Armed Forces, local first re- private hiring. He argues that opening omy. the spigots of government spending has Instead, what have we got? Since the sponders, and other members of Oper- actually had a negative impact on our Democrats have taken control of Con- ation Unified Response for their swift economy. gress 3 years ago, we’ve got 71⁄2 million and coordinated action in light of the To quote Mr. Barro: ‘‘Viewed over 5 jobs that have been lost. And since the devastation wrought upon the nation years, the stimulus package is a way to President signed the stimulus bill—the of Haiti after a horrific 7.0 magnitude get an extra $600 billion of public jobs bill—we’ve lost 3.3 million jobs. earthquake struck Port-au-Prince and spending at the cost of $900 billion in ‘‘It isn’t working,’’ if I were talking surrounding cities on January 12, 2010. private expenditure.’’ to the President I would tell him. It The Clerk read the title of the resolu- This is a bad deal. isn’t working. We should focus on tion. The text of the resolution is as fol- f what’s important now—not the health care bill. We need to solve that prob- lows: UP TO THE CHALLENGE lem. But the first thing we need to do H. RES. 1066 (Mrs. DAVIS of California asked and is cut spending, cut taxes, and that will Whereas the recent crisis in Haiti was was given permission to address the create a sound economy. caused by a magnitude 7.0 earthquake, the House for 1 minute and to revise and worst the nation has experienced in over two extend her remarks.) f centuries; Mrs. DAVIS of California. Mr. Speak- Whereas the disaster wrought by this er, over the past week, the Olympics THE STIMULUS BILL HAS WORKED earthquake has been catastrophic, destroy- have been a reminder of how supportive (Mr. GARAMENDI asked and was ing ports, infrastructure, hospitals, schools, given permission to address the House homes, and businesses, making many roads and impressive our country truly is impassable and incapacitating air travel, and what it can do when we come to- for 1 minute and to revise and extend and severely hampering the efforts of dis- gether for a common goal. But I know his remarks.) aster relief organizations; that feeling doesn’t always translate to Mr. GARAMENDI. Mr. Speaker, I Whereas one week after the earthquake the issues that are weighing heavy on thought I would never hear such fool- hit, electricity was still down, running water people across our country. ishness in all my life. In fact, in Cali- was not available, and food supplies were Every day, my constituents tell me fornia, the stimulus bill has worked. quickly dwindling; that they need jobs and job security, as We have thousands of teachers that are Whereas the cities of Port-Au-Prince, ¨ well as loans for small businesses and in the classroom teaching. In my own Jacmel, Gonaıves, Petionville, and surrounding areas have been devastated, affect- home mortgages, and they worry about district, we have a $970 million stim- excessive government spending, our ing an estimated 3,000,000 Haitians; ulus program that is going to provide Whereas the United States Coast Guard debt to foreign nations, and uncon- 6,000 jobs directly to drill a tunnel was the first to represent the United States scionable Wall Street payments. through the Caldecott Hills so that we in Haiti after the catastrophic earthquake We have saved our economy from the can deal with the transportation pro- and was an integral part of the initial relief brink, but we cannot ignore the chal- gram. efforts; lenges still before us. We need to con- Thousands of people are working. It Whereas the ability of the Coast Guard to tinue to pair fiscal responsibility with was David Stockman on national TV act quickly and efficiently set the founda- thoughtful job creation by encouraging tion for the quickly escalating international last week who said he no longer be- small business growth and supporting response; lieves that you can move this economy needed infrastructure projects. And we Whereas within the first 10 days, 24 United forward by cutting taxes. And he was, have to keep holding Wall Street ac- States Navy and Coast Guard vessels, thou- as I recall, Mr. Reagan’s budget direc- sands of international United States Army countable by cracking down on big bo- tor. Reserve rescue workers, over 14,000 members nuses and making sure that taxpayers The fact of the matter is times have of the United States Armed Forces, 71 United never have to bail it out again. States helicopters, and 26 Department of After spending time with my con- changed, and this call of cutting taxes and ending the stimulus is a lot of fool- Health and Human Services personnel ar- stituents in San Diego, I know what rived or were en route to provide logistical the American people want us to focus ishness. We need jobs. We need to put support, secure aid distribution, and set up on. We need jobs, Mr. Speaker. We need people to work. That’s the role of the temporary housing; to think about the future, we need to Federal Government. And I would re- Whereas after just one week, Joint Task focus on our kids and their education. mind my colleagues on the other side Force Haiti (JTF-Haiti) had established mul- This body, Mr. Speaker, is up to the that every industrialized nation of the tiple forward operating bases throughout challenge, and we need to move for- world has done more to stimulate their Haiti and immediately started passing out thousands of meals and bottled water; ward. economy than has ours, and they’ve been more successful. Whereas in just one day, JTF-Haiti was f able to deliver 396,808 water bottles, 238,585 We need a new jobs bill. We need IT ISN’T WORKING meals, and 4,900 lbs. of medical supplies to those jobs now. And we also need to Haitian survivors; (Mr. BURTON of Indiana asked and pay attention to what Mr. Stockman Whereas the United States Southern Com- was given permission to address the said. mand (SOUTHCOM) and the United States

VerDate Mar 15 2010 04:07 May 18, 2010 Jkt 089060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H23FE0.REC H23FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H668 CONGRESSIONAL RECORD — HOUSE February 23, 2010 Coast Guard have managed the safe arrival The SPEAKER pro tempore. Pursu- tions to the Haitian people. I urge my and departure of military and humanitarian ant to the rule, the gentleman from colleagues to support this important flights at Port-Au-Prince Airport; Missouri (Mr. SKELTON) and the gen- resolution. Whereas within the first 10 days, more than 11,000 United States citizens were evac- tleman from Louisiana (Mr. FLEMING) I reserve the balance of my time. uated; each will control 20 minutes. Mr. FLEMING. Mr. Speaker, I yield Whereas the USNS Comfort hospital ship The Chair recognizes the gentleman myself such time as I might consume. arrived in less than a week providing 600 from Missouri. Mr. Speaker, I would like to first of medical personnel and the ability to treat GENERAL LEAVE all thank Mr. SKELTON, chairman of more than a 1,000 patients; Mr. SKELTON. Mr. Speaker, I ask the Armed Services Committee, and Whereas the USNS Comfort has already unanimous consent that all Members treated 1,427 patients from 10 different hos- also Mr. MCKEON, the ranking member, pital sites; have 5 legislative days within which to and other Members who have supported Whereas within the first two weeks, De- revise and extend their remarks on the this resolution. partment of Defense personnel distributed resolution under consideration. I rise today in recognition of the men 1,820,463 bottles of water, 1,465,569 meals, and The SPEAKER pro tempore. Is there and women of the Armed Forces who 57,083 lbs. of medical equipment; objection to the request of the gen- have played such an important role in Whereas these operations delivered life tleman from Missouri? easing the suffering in Haiti after the sustaining food, water, and medical supply There was no objection. packages to Haiti’s displaced; January 12 earthquake that left thou- Mr. SKELTON. Mr. Speaker, I yield sands dead, thousands injured, and the Whereas during coordinated relief efforts myself such time as I might consume. by the United States Agency for Inter- country in ruins. Our military’s swift, Mr. Speaker, I rise today in support national Development (USAID), members of dedicated, and selfless action provided the United States Armed Forces, including of House Resolution 1066, recognizing much-needed rescue, recovery, logistics members of the Army Reserves, the Federal the bravery and efforts of the United and security capability in the imme- Emergency Management Agency (FEMA), States Armed Forces, local first re- diate aftermath, and our service men the Department of Defense, the Department sponders, and all of those involved in of State, and the United Nations, personnel and women who have done so much to Operation Unified Response. I want to put Haiti back on the road to recovery and equipment to manage 8 hospitals were thank my colleagues for bringing this delivered to provide crucial emergency med- We Americans can understand the ical services, and 6 field hospitals were set important measure before the House. On January 12, a massive earthquake impacts of disasters, such as Hurricane up, resulting in thousands of lives saved; Katrina, Hurricane Andrew, the Whereas the first responders teams that struck the nation of Haiti that was followed by a series of very powerful Northridge earthquake to name just a readily responded to the call for assistance few. So our hearts go out to those in for the Haitian people within the first 24 aftershocks that left catastrophic dam- hours after the disaster include the Miami- age in and around the city of Port-au- Haiti whose lives have been shattered Dade Search and Rescue Team of Miami- Prince. The devastation resulted in an by this earthquake. Dade County, Florida, Fairfax County estimated 100,000 to 200,000 deaths, in- Even so, the extent of the devasta- Search and Rescue Team of Fairfax County, tion was shocking. In over 200 years, Virginia, U.S. Urban Search and Rescue cluding over a hundred Americans reported dead and 3 million Haitians di- Haiti has not felt as powerful an earth- Teams (US&R) of Los Angeles County, New quake as was experienced that day in York City Firefighters, the BATAAN Am- rectly affected by the earthquake. phibious Readiness Group (ARG)/Marine Ex- Within 2 weeks, the United States January. Over 3 million Haitians, a peditionary Unit (MEU), and the NASSAU had deployed 25 Navy and Coast Guard third of the country’s entire popu- ARG/MEU; ships, 79 helicopters, 290 vehicles, and lation, were affected by the disaster. Whereas the coordinated relief efforts of 21,493 Armed Forces personnel. Medical To put the scale of this earthquake’s the United States, international agencies, military assets had treated over 4,000 impact into perspective, imagine an and the United Nations Stabilization Mission patients, of which 2,000 were treated event affecting more than 100 million in Haiti (MINUSTAH) in the first week re- Americans in an instant. sulted in 122 courageous rescues of Haitians aboard the hospital ship USS Comfort. trapped beneath rubble, including a 2-year- The United States had distributed 1.9 For a country whose infrastructure old girl who had been trapped for 6 days; million bottles of water, 1.7 million and services were already insufficient, Whereas during the ongoing relief efforts, meals, and over 74,000 pounds of med- the effects of the 7.0 earthquake were USAID, members of the United States Armed ical supplies. exacerbated. Buildings throughout Forces, including members of the Army Re- The United States acted imme- Port-au-Prince and the surrounding serves, FEMA, the Department of Defense, diately, setting up a whole-of-govern- countryside collapsed like card the Department of State, and the United Na- ment response with the U.S. Agency houses—trapping, injuring, and killing tions coordinated teams that delivered 1,910 many. The United Nation’s peace- short tons of humanitarian aid in the first for International Development in the week; and lead and the Armed Forces playing a keeping force in Haiti to aid in stabi- Whereas additionally, 954 Department of leading role. Within 24 hours, the U.S. lizing that struggling nation was un- Defense, private, and commercial airlift sor- had deployed Air Force special oper- able to fully respond as it had lost its ties have been successfully conducted: Now, ations forces to secure the Port-au- headquarters and a number of peace- therefore, be it Prince airport and reestablish airport keepers during the quake. Resolved, That the House of Representa- The presidential palace, city hos- tives— operations, deployed the aircraft car- (1) recognizes the efforts of the United rier USS Carl Vinson, and started pre- pital, and the World Bank building States Armed Forces, local first responders, paring both Army and Marine units for were all severely damaged. Roads, and other members of Operation Unified Re- immediate deployment to that region. highways, power lines and basic serv- sponse for their swift, compassionate, and This critical contribution to the ices were all impacted, making imme- courageous action to meet the needs of Hai- Haiti relief effort comes at a time diate life-saving efforts all the more ti’s citizens and government and facilitate when the men and women of our mili- important and difficult. The images the evacuation, safety, and medical atten- tary are already being stretched by two coming from Haiti revealed an apoca- tion for United States citizens impacted by lyptic scene. the earthquake in Haiti; wars. Our troops have once again dem- (2) recognizes the remarkable response by onstrated their capability to respond Our military’s response was imme- the men and women in the United States quickly and effectively when disaster diate, focusing on life saving and as- Armed Forces for their ability to deploy strikes. sessment, humanitarian assistance, such a sizeable force in such a short amount U.S. military servicemembers and and disaster relief and evacuation oper- of time while also engaged in two separate their families make tremendous sac- ations. U.S. Southern Command was conflicts; and rifices both for our Nation and in work- charged with coordinating and exe- (3) recognizes the dedication and sacrifice ing to help people in times of need all cuting all military support and by put forward by United States public servants chance found the Deputy Commander, to procure and deliver the enormous over the world. amounts of food, water, medical and hygien- On behalf of Congress, I want to Lieutenant General P.K. (Ken) Keen, ic supplies, and shelter and for their tireless thank our heroes in uniform and all of already on the ground as he happened effort to repair and rebuild critical infra- those involved in Operation Unified Re- to be in Haiti on an official visit when structure for the benefit of all Haitians. sponse for the extraordinary contribu- the earthquake hit.

VerDate Mar 15 2010 04:07 May 18, 2010 Jkt 089060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H23FE0.REC H23FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 23, 2010 CONGRESSIONAL RECORD — HOUSE H669 b 1400 Haiti under the command of Southern Forces were mobilized. They were en- In these initial moments of confu- Command, and also seeing a number in- gaged in what turned out to be one of, sion, our Armed Forces displayed the cluding our Coast Guard that was one if not the most key operation in Haiti’s focus, determination, and steadiness of the first on the scene; the urban res- recovery. that we all expect from such a well- cue teams that came from not only Operation Unified Response was as- trained force. L.A. County, but Fairfax County in sembled almost immediately following Under the direction of the U.S. Virginia, Miami-Dade County, New the January 12 earthquake, and it was Southern Command, the members of York City, and a number of other areas headed by the largest joint task force Operation Unified Response worked throughout this great country of ours in the history of the U.S. Southern responded to the needs of the Haitian closely with the U.S. Embassy per- Command, SOUTHCOM. sonnel, the U.S. Agency for Inter- people, and I can tell you that it was national Development, the United Na- an outpouring of love and outstanding At the height of the emergency relief tions, and the many nations and the work on behalf of our men and women. efforts, there were more than 20,000 U.S. States who had sent rescue teams Madam Speaker, I just want to say U.S. military personnel afloat and and aid personnel to quickly and effec- that I had a chance to go out with the ashore working to facilitate search and tively assess the damage, begin imme- urban rescue team from Miami-Dade rescue operations, delivering supplies, diate rescue operations, and open County. There were some 40 individ- providing security in support of hu- logistical lines so that aid and recovery uals. They came recently and presented manitarian assistance and disaster re- efforts could begin. All those involved me with this helmet with all of their lief efforts. in Operation Unified Response deserve signatures on it, just to tell them how In addition, the men and women of our utmost thanks and praise for their much we appreciate the fact that we the U.S. military did a remarkable job efforts to save lives and restore hope in appreciate them for the work that they in quickly standing up the airport in Haiti. were able to do. But I have watched Port-au-Prince and in helping to repair An estimated 230,000 lives were lost— these men and women from the south and increase the capacity of many of 76 American citizens are among the Florida area work 20 hours saving the destroyed ports in that city. Before confirmed dead—and almost 200,000 in- lives, save not only a 2-year-old little the earthquake, Port-au-Prince airport jured in the earthquake. These already girl and reunited her with her father, was averaging about 20 flights a day. In shocking numbers could have been all but there are a number of those kinds the days following the disaster, the air- the worse had our response been any of stories that are scattered, and the port was processing roughly 120 flights less. Instead, lives have been saved, the work that our men and women in uni- a day and really operating around the injured are receiving treatment, food form have done as relates to saving clock, 24 hours a day, thereby enabling and water are flowing, and recovery lives throughout Haiti, but also as it countless shipments of vital supplies has started. relates to our first responders that are and resources to reach the citizens of our urban rescue teams, one of the best Mr. Speaker, Operation Unified Re- Haiti during this most dire time of units on the face of this Earth. sponse is a reminder that America need. stands ready to aid a neighbor and I am glad Chairman SKELTON and the friend in need. Once again, our military ranking member took the time to Under the leadership of General men and women have been a shining allow us to bring this bill to the floor, Douglas Fraser, SOUTHCOM com- example of the American spirit. Today, 1066, to let those individuals know how mander, and General Ken Keen, com- we recognize and honor their efforts in much we appreciate them, those that mander of the Joint Task Force-Haiti, Haiti and wish them, and all those are in the armed services, those that Operation Unified Response has deliv- helping Haiti recover, Godspeed in are our first responders, those in the ered, to date, and these are amazing their work. And for Haiti and its peo- recovery process in Haiti right now. numbers, over 2.5 million bottles of ple, we remind them that we, America, Being from Florida, Madam Speaker, water, 2.2 million food rations, 14.1 mil- are with them in this time of need. I can tell you that the international re- lion pounds of bulk food, and 125,000 I reserve the balance of my time. sponse to Haiti is key. It was kicked pounds of medical supplies to Haiti’s Mr. SKELTON. Mr. Speaker, I yield off by many of our men and women in earthquake survivors. such time as he may consume to my uniform and those that are first re- In addition, our medical teams from friend, my colleague, and the sponsor sponders. It is an international re- the military have seen over 28,000 pa- of this resolution, the gentleman from sponse now, and it is very important tients. They have performed more than Florida (Mr. MEEK). that we continue in that spirit. 800 surgeries. Mr. MEEK of Florida. Mr. Speaker, I With that, I want to thank, Madam want to thank the chairman, the rank- Speaker, the ranking member, and all As the representative of Florida’s ing member, and all of the Members of the Members that signed on to this 18th Congressional District, I take spe- that are cosponsors on House Resolu- bill to let these men and women know cial pride in the instrumental role that tion 1066. how much we truly appreciate their SOUTHCOM has played in these vital I can’t tell you how important this help and also their families’ sacrifices relief efforts. I would like to again rec- resolution is going to be for our men for allowing them to serve our country ognize the bravery of the efforts of all and women in uniform, not only those and be goodwill ambassadors at a time who were involved in Operation Unified in the armed services, Mr. Speaker, but when the poorest country in the West- Response. Thank you for your service. those that are serving as urban rescue ern Hemisphere needed us most. And I thank my good friend and fel- personnel throughout this great coun- Mr. FLEMING. Madam Speaker, I low Floridian, Congressman KENDRICK try of ours. yield 3 minutes to the gentlelady from MEEK, for introducing this important I can tell you, being a Member of Florida (Ms. ROS-LEHTINEN). measure. I encourage all of our col- Congress that got to Port-au-Prince Ms. ROS-LEHTINEN. Madam Speak- leagues to support it. shortly after the event took place, see- er, I thank the gentleman for yielding. ing some of the loss of life that took I rise today as a proud original co- I thank the gentleman for the time. place; seeing some of the people that sponsor of House Resolution 1066, rec- Mr. SKELTON. Madam Speaker, be- were in desperation because they were ognizing the bravery and the efforts of fore I yield to my friend, the gentle- without shelter and under blankets the United States Armed Forces, the lady from California, let me acknowl- that they were using for tents; seeing a local first responders, and other mem- edge the cooperation of my friend and number of nongovernmental organiza- bers of Operation Unified Response. my colleague, the chairman of the For- tions trying to check their personnel, Six weeks ago today, Haiti was eign Affairs Committee, Mr. BERMAN, making sure that they are secure and struck by the largest earthquake to for expediting consideration of this res- rescue their personnel and help the reach its shores in over two centuries. olution. I extend these thanks to the Haitian people at the same time; but And while many of us were trying to committee’s ranking member as well, seeing our military stand up in a way, grasp the tremendous impact of this the gentlelady from Florida (Ms. ROS- moving very fast, expeditiously to disaster, the United States Armed LEHTINEN).

VerDate Mar 15 2010 04:07 May 18, 2010 Jkt 089060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H23FE0.REC H23FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H670 CONGRESSIONAL RECORD — HOUSE February 23, 2010 HOUSE OF REPRESENTATIVES, Ms. LEE of California. Madam poorest countries in the world yet one COMMITTEE ON FOREIGN AFFAIRS, Speaker, let me first thank Chairman we call our neighbor, one whose people Washington, DC, February 4, 2010. SKELTON for his leadership, for bring- are strong and resilient. We have not Hon. IKE SKELTON, ing this resolution to the floor today, only the resources; we have the com- Chairman, Committee on Armed Services, Ray- burn House Office Bldg., Washington, DC. and for his support and his love for the passion of the American people. DEAR MR. CHAIRMAN: I am writing to you men and women in uniform. So I ask my colleagues to join me in concerning House Resolution 1066, ‘‘Recog- I rise in support today of this resolu- supporting this measure and to express nizing the bravery and efforts of the United tion, which recognizes the honorable our deep appreciation to our Armed States Armed Forces, local first responders, efforts of our United States Armed Forces, to our first responders, to the and other members of Operation Unified Re- Forces and our local first responders to urban rescue teams. sponse for their swift and coordinated action meet the needs of Haitians following The SPEAKER pro tempore (Ms. in light of the devastation wrought upon the nation of Haiti after a horrific 7.0 magnitude the tragic earthquake of January 12, TITUS). The time of the gentlewoman earthquake struck Port-Au-Prince and sur- 2010. We thank them for their service, has expired. rounding cities on January 12, 2010.’’ As you we thank them for making us very Mr. SKELTON. I yield the gentle- know, this measure was referred to the Com- proud, and we thank them for their woman an additional 30 seconds. mittee on Armed Services and, in addition, compassion and their professionalism Ms. LEE of California. I just want to to the Committee on Foreign Affairs for a as they conducted their work. make sure that we recognize and un- period to be subsequently determined by the As Chair of the Congressional Black derstand that this resolution is so im- Speaker, in each case for consideration of Caucus, I would like to extend our portant today, because we don’t have such provisions as fall within the jurisdiction of the committee concerned. thanks also to Congressman MEEK for many opportunities to thank our This resolution contains provisions within his work on this bipartisan resolution Armed Forces and our first responders the Rule X jurisdiction of the Committee on as well as for his leadership on issues and the urban rescue teams who were Foreign Affairs. In the interest of permitting related to Haiti, which he has dem- the face of America, who are the face of your Committee to proceed expeditiously to onstrated for so many years, long be- America, as they rose to the occasion floor consideration of this important resolu- fore this devastating earthquake to help the people of Haiti in the wake tion, I am willing to waive this Committee’s of this ongoing tragedy. right to mark up this resolution. I do so with struck. I actually spoke with Congress- the understanding that by waiving consider- man MEEK when he was in Haiti re- Ms. JACKSON LEE of Texas. Madam ation of the resolution, the Committee on cently, and I will tell you that his Speaker, I rise in support of H. Res. 1066— Foreign Affairs does not waive any future ju- work and his insights and his commit- to honor the extreme bravery, responsiveness risdictional claim over the subject matters ment to help those suffering was deep and effectiveness demonstrated by our United contained in the resolution which fall within and real. States Armed Services, local first responders its Rule X jurisdiction. The CBC has a long history of work- and other members in support of Operation Please include a copy of this letter and your response in the Congressional Record ing with the Haitian and Haitian Unified Response led by USAID. during consideration of the measure on the American communities, and during the As you know, on Tuesday, January 12, a House floor. current crisis, we have and will con- massive, 7.0 magnitude earthquake struck Sincerely, tinue to work closely with the Obama Haiti near the capital of Port-au-Prince. There HOWARD L. BERMAN, administration to provide whatever as- is still no official estimate of death or destruc- Chairman. sistance it can to the relief, recovery, tion but the damage to buildings is extensive and reconstruction efforts. and the number of injured or dead is esti- HOUSE OF REPRESENTATIVES, I would also like to take a moment mated to be in the hundreds of thousands. COMMITTEE ON ARMED SERVICES, Washington, DC, February 5, 2010. and thank Congressman MCMAHON and Within hours of the earthquake, the United Hon. HOWARD L. BERMAN, Congressman TIM MURPHY for their States sent world-class teams of first respond- Chairman, Committee on Foreign Affairs, Ray- work on two more Haiti-related resolu- ers and search and rescue teams to help burn House Office Building, Washington, tions coming to the floor today. H. Res. search for survivors. These teams, from all DC. 1059, honoring the heroism of the across the country, comprised roughly one- DEAR MR. CHAIRMAN: Thank you for your USAID urban search and rescue teams, third of the entire international search and res- letter regarding House Resolution 1066, one of which is from my home State of cue effort in Haiti. In total, the United States ‘‘Recognizing the bravery and efforts of the United States Armed Forces, local first re- California; and H. Res. 1048, com- sent over 511 rescue workers. These rescue sponders, and other members of Operation mending the work of the men and workers worked tirelessly to search for sur- Unified Response for their swift and coordi- women of the USNS Comfort and the vivors, and found and rescued more than 130 nated action in light of the devastation United States Navy. people from under the rubble. Without these wrought upon the nation of Haiti after a hor- As our President recently said, search and rescue units, it is possible that rific 7.0 magnitude earthquake struck Port- America has no greater resource than these people would not have been located in Au-Prince and surrounding cities on January the strength and the compassion of the time to save their lives. 12, 2010.’’ This measure was referred to the American people. During the current In the following days, U.S. Southern Com- Committee on Armed Services, and in addition to the Committee on Foreign Affairs, crisis, we have seen the strength and mand deployed a team of 30 people to Haiti for a period to be subsequently determined compassion firsthand. Our Armed to support U.S. relief efforts in the aftermath of by the Speaker, in each case for consider- Forces, our urban rescue teams, our one of the largest natural disasters in the ation of such provisions as fall within the ju- first responders have certainly shown western hemisphere. The team included U.S. risdiction of the committee concerned. us this firsthand and, as I said earlier, Coast Guard, U.S. military engineers, oper- I agree that the Committee on Foreign Af- they have made us extremely proud. ational planners, and a command and control fairs has certain valid jurisdictional claims While all of our eyes are on Haiti, we to this resolution, and I appreciate your de- group and communication specialists arriving cision to waive further consideration of H. must determine the best way to help on two C–130 Hercules aircraft. Res. 1066 in the interest of expediting consid- Haiti move forward, to empower Hai- Shortly thereafter, U.S. Southern Command eration of this important measure. I agree tians to rebuild in a much more sus- had established Joint Task Force-Haiti to over- that by agreeing to waive further consider- tainable manner, one that can with- see U.S. military relief efforts in which was ation, the Committee on Foreign Affairs is stand natural disasters and economic commanded by U.S. Army Lt. Gen. Ken Keen. not waiving its jurisdictional claims over recessions alike. What an even greater From the initial response forward more than similar measures in the future. tragedy it would be if just a few years 13,000 U.S. military personnel, 19 ships and During consideration of this measure on the House floor, I will ask that this exchange down the line another disaster strikes more than 60 aircraft are supporting oper- of letters be included in the Congressional and again we look to ourselves to ask ations to provide relief and care to more than Record. the same questions: What went wrong? three million Haitians who were affected by Very truly yours, What do we do now? the January 12 earthquake. IKE SKELTON, So now is the time to garner the sup- U.S. military forces are currently supporting Chairman. port of the international community. efforts to provide shelter, establish settle- Mr. SKELTON. I yield 3 minutes to Now is the time to develop a strategy ments, and conduct debris removal as well as my friend, the gentlelady from Cali- to promote the long-term reconstruc- ensuring the delivery of aid to the Haitian peo- fornia (Ms. LEE). tion and development of one of the ple. They are also assisting the World Food

VerDate Mar 15 2010 04:07 May 18, 2010 Jkt 089060 PO 00000 Frm 00020 Fmt 4634 Sfmt 9920 E:\RECORD10\RECFILES\H23FE0.REC H23FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 23, 2010 CONGRESSIONAL RECORD — HOUSE H671 Program’s food distribution surge while con- overwhelming successful initial response. We dedication and assistance in the after- tinuing to work with the U.N. Stabilization Mis- all owe you a debt of gratitude and our undy- math of the January 12, 2010, Haitian sion in Haiti, MINUSTAH, the international ing support. earthquake, as amended. community and local responders to alleviate Ms. EDDIE BERNICE JOHNSON of Texas. The Clerk read the title of the resolu- human suffering and support humanitarian re- Madam Speaker, I rise today to voice my sup- tion. lief efforts. port for H. Res. 1066 to recognize the bravery The text of the resolution is as fol- The hospital ship USNS Comfort, embarked and efforts of the United States Armed Forces, lows: with nearly 1,000 medical personnel, is treat- local first responders, and other members of H. RES. 1059 ing a steady stream of Haitian patients. Com- Operation Unified Response for their coordi- Whereas a catastrophic earthquake meas- fort’s hospital capabilities include fully- nated response to the January 12, 2010 Hai- uring 7.0 on the Richter scale struck the na- equipped operating rooms, digital radiological tian earthquake. I am remarkably proud of the tion of Haiti at 4:53 p.m. (local time) on Jan- services, a medical laboratory, a pharmacy, an work we have done to assist with the recovery uary 12, 2010; optometry lab, a CAT-scan and two oxygen- efforts in Haiti after this earthquake devastated Whereas the January 12, 2010, earthquake producing plants. Comfort’s bed capacity is Port-au-Prince and surrounding areas. was the largest earthquake to hit the island- nation in over 200 years and has caused un- about 1,000. With this in mind, many citizens from my conscionable loss of life, affected over Members supporting Operation Unified Re- home city of Dallas answered the call to serv- 3,000,000 people, and caused widespread phys- sponse are also helping move thousands of ice and went to Haiti to help with relief efforts. ical devastation to buildings and infrastruc- pounds of medical aid to various distribution I am particularly moved by the work of Dr. ture; points and are working with local officials to Craig Hobar who is the founder of Life En- Whereas United States urban search and address long-term rehabilitation of the Haitian hancement Association for People, LEAP, a rescue teams (US&R) were immediately acti- public health system. non-profit organization dedicated to enhancing vated and deployed from Fairfax County, As of February 21 the incredible members and enriching the lives of people around the Virginia, Los Angeles County, California, of Operation Unified Response had delivered and Miami-Dade County, Florida, to assist world by providing specialized medical serv- the United States Agency for International more than 2.6 million bottles of water, 2.2 mil- ices. Shortly after the earthquake in Haiti, Dr. Development (USAID) Disaster Assistance lion food rations, 17 million pounds of bulk Hobar was in the country with Dr. Ale Mitchell Response Team (DART); food and 147,000 pounds of medical supplies to help assist with amputations and trauma Whereas each US&R task force is com- into Haiti. Additionally, water production con- surgeries. In addition to this, Dr. Hobar has prised of 70 members, who are multifaceted tinues as U.S. military and international water pledged to help bring volunteer medical teams and cross trained in the major functional purification units produce thousands of gallons to Haiti from around the world for the next areas of search, rescue, medical, hazardous of drinkable water daily. year through the LEAP Foundation. materials, logistics, and planning, and who are supported by trained canines able to con- I would like to personally thank the profes- Madam Speaker, I encourage my fellow col- sional team of Sailor, Soldiers, Airmen, Ma- duct physical search and heavy rescue oper- leagues to join me today in honoring all the ations; rines and Coast Guardsmen of U.S. Southern first responders in Haiti by supporting this im- Whereas task forces have been activated Command for their role in providing guidance portant resolution. for natural and man-made disasters and inci- and securing passage for a Texas-based initial b 1415 dents both at home and abroad, including response medical team. These military profes- hurricanes, earthquakes, and the attacks of sionals played a key role in arranging for the Mr. FLEMING. Madam Speaker, I September 11, 2001; doctors and medical personnel from the Forest yield back the balance of my time. Whereas New York City’s first responders Park Medical Center to obtain the necessary Mr. SKELTON. Madam Speaker, hav- asked the Office of U.S. Foreign Disaster As- clearance from the State and Defense Depart- ing no further requests for time, I yield sistance (OFDA) to activate a New York City back the balance of my time as well. US&R task force shortly after the disaster ments to fly jets carrying supplies, seven doc- struck; tors, six nurses, two techs, and two search The SPEAKER pro tempore. The Whereas the 511 United States rescue and rescue volunteers to Haiti. question is on the motion offered by workers comprised roughly one-third of the The medical team, led by Dr. Richard Tous- the gentleman from Missouri (Mr. entire international US&R effort in Haiti; saint, flew from Dallas Love Field Airport and SKELTON) that the House suspend the Whereas more than 130 people have been arrived in Haiti where they treated about 600 rules and agree to the resolution, H. rescued from under the rubble in Haiti by patients, including 70 amputations, and 150 Res. 1066. the US&R task forces, of whom at least 47 surgeries. The team also provided medical The question was taken. were rescued by United States US&R task The SPEAKER pro tempore. In the forces; and supplies to Haiti’s Hospital Sacre Coeur. Whereas United States US&R task forces America is committed to deliver her support opinion of the Chair, two-thirds being deployed to Haiti also trained many of the to our neighbor who is still in dire need of our in the affirmative, the ayes have it. other foreign search and rescue task forces continued and immediate humanitarian assist- Mr. SKELTON. Madam Speaker, on in Haiti; ance. This effort will be a monumental task that I demand the yeas and nays. Whereas, on January 21, 2010, Assistant that will take years to complete but we must The yeas and nays were ordered. Secretary of State for the Bureau of Inter- be resolute to help the people of this strug- The SPEAKER pro tempore. Pursu- national Narcotics and Law Enforcement Af- gling island nation rebuild their livelihoods. ant to clause 8 of rule XX and the fairs David T. Johnson and New York City To date the United States Government has Chair’s prior announcement, further Police Commissioner Raymond W. Kelly signed a Memorandum of Understanding contributed over $400 million in earthquake re- proceedings on this motion will be (MOU) to provide the Haitian national po- sponse funding for Haiti. It has also deployed postponed. lice, among other police forces, with training approximately 19,000 military personnel in f and technical assistance; and support of the relief effort. Subsequently, as Whereas the search and rescue effort in HONORING THE HEROISM OF THE part of the new Government of Haiti-lead ef- Haiti officially transitioned to a long-term SEVEN URBAN SEARCH AND fort, the U.N. World Food Program will provide humanitarian relief effort on January 23, RESCUE TEAMS DEPLOYED TO commodities, non-governmental organizations 2010: Now, therefore, be it HAITI Resolved, That the House of Representa- will manage distributions, and U.S. military will tives— Mr. MCMAHON. Madam Speaker, I provide security escorts. (1) honors the bravery and dedication of America and her allies have delivered a move to suspend the rules and agree to the United States Agency for International comprehensive, interagency response to the the resolution (H. Res. 1059) honoring Development, Office of U.S. Foreign Disaster earthquake. The State Department, Depart- the heroism of the seven United States Assistance, and Federal Emergency Manage- ment of Defense, Department of Homeland Agency for International Development ment Agency supported urban search and Security, Coast Guard, USAID—all worked and Office of U.S. Foreign Disaster As- rescue teams, the best trained of these teams vigorously to ensure critical resources were sistance supported urban search and in the world; positioned to support the response and recov- rescue teams deployed to Haiti from (2) congratulates the 511 United States New York City, New York, Fairfax urban search and rescue workers for the ery effort, including efforts to find and assist many lives they helped to save in Haiti; American citizens in Haiti. County, Virginia, Los Angeles County, (3) recognizes the contribution of these Once again I am proud of our Armed Serv- California, Miami, Florida, Miami- teams not only in the lives that they di- ices, the first responders and all the members Dade County, Florida, and Virginia rectly saved, but to the international teams of Operation Unified Relief that deliver an Beach, Virginia, and commending their that they trained and to the people of Haiti;

VerDate Mar 15 2010 04:07 May 18, 2010 Jkt 089060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H23FE0.REC H23FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H672 CONGRESSIONAL RECORD — HOUSE February 23, 2010 (4) expresses its gratitude and appreciation The U.S. task force teams arrived in team from both the city of Miami and to the individuals and organizations that Haiti completely self-reliant. They Miami-Dade County. comprise the National Urban Search and brought their own shelter, food, and Importantly, however, this resolu- Rescue System for their unyielding deter- equipment. New York City Fire Com- tion also recognizes the entire urban mination and work as first responders to victims of disasters from all hazards; missioner and Staten Island native Sal search and rescue team system that we (5) welcomes home the brave first respond- Cassano says the groups that were sent have operating in this great country of ers of the United States urban search and to Haiti were among the best trained in ours. Because the U.S. swiftly contrib- rescue teams; and the world by, of course, his department uted seven courageous teams to the (6) views the work of such teams and vol- and the police department led by Com- search and rescue efforts in Haiti, unteers as an important part of the Nation’s missioner Ray Kelly. The teams as- there were a number of additional contribution to the recovery of Haiti. sisted in all types of search and rescue teams standing ready to deploy should The SPEAKER pro tempore. Pursu- operations, including concrete re- they be called upon. It is this compas- ant to the rule, the gentleman from moval, void searches, and confined sion and this courage which character- New York (Mr. MCMAHON) and the gen- space searches. They truly made a dif- izes the spirit of the American people. tlewoman from Florida (Ms. ROS- ference in the lives that they saved and Helping to train and work with var- LEHTINEN) each will control 20 minutes. in the other international search and ious international search and rescue The Chair recognizes the gentleman rescue teams which they trained as teams on the ground, there is no doubt from New York. well. that the contributions of our urban GENERAL LEAVE Altogether, the international search search and rescue teams went far and Mr. MCMAHON. Madam Speaker, I and rescue effort in Haiti resulted in beyond the many lives that they saved. ask unanimous consent that all Mem- over 130 lives saved. And although the I had the honor to meet with Mr. bers may have 5 legislative days to research and rescue phase of the disaster Dave Downey, the team leader of the vise and extend their remarks and in- relief effort in Haiti is over, many of Miami-Dade County urban search and clude extraneous material on the reso- the rescuers and members of the New rescue unit, just a couple of weeks ago lution under consideration. York City Police Department have here in D.C. to thank and congratulate The SPEAKER pro tempore. Is there stayed on or will return to provide the him for the heroic service not just of objection to the request of the gen- Haitian national police, among other Mr. Downey, but of his entire team. tleman from New York? police forces, with training and tech- And I extend my heartfelt gratitude to There was no objection. nical assistance. all our urban search and rescue work- Mr. MCMAHON. Madam Speaker, I It is essential that immediate rescue ers who deployed in the aftermath of rise in strong support of this resolution and relief efforts be followed with a the Haiti earthquake. and yield myself such time as I may sustained commitment to Haiti’s long- I talked about the Miami-Dade part consume. term reconstruction and development, of this rescue effort, but I also com- Madam Speaker, on January 12, 2010, and I commend President Obama, with mend Miami Fire Chief Maurice Kemp the most devastating earthquake to the support of this Congress, and his and the City of Miami Department of strike Haiti in over 200 years ravaged able team for their leadership in this Fire-Rescue for their heroic service in the island nation and took with it hun- area. these efforts. The word ‘‘team’’ comes dreds of thousands of lives. The after- I commend the great heroism of the up a lot in this resolution, and that is math of this tragic earthquake will un- seven United States search and rescue how they acted, as a team, not as one doubtedly be felt for years to come, but teams that served in Haiti and wel- unit versus another, but how we can through the tragedy over 50 Haitian come them back to their homes and come together as a nation. They rep- and American families celebrated the families in New York, California, Vir- resented the best of what America has moment when their loved ones were ginia, and Florida. to offer. rescued from the rubble by the 511 Madam Speaker, I reserve the bal- I thank my good friend, the Con- brave volunteers of the USAID/OFDA- ance of my time. gressman, for introducing this impor- supported urban search and rescue Ms. ROS-LEHTINEN. Madam Speak- tant measure. I encourage my col- teams deployed to Haiti. er, I yield myself such time as I may leagues to support it. And I am so glad These teams, which hail from New consume. that Mr. MCMAHON put in there the York City; Fairfax County, Virginia; I rise today as a proud original co- contributions of Miami and Miami- Los Angeles County, California; Miami, sponsor of the bill before us, House Dade rescue units. Florida; Miami-Dade County, Florida; Resolution 1059. Ms. JACKSON LEE of Texas. Madam and Virginia Beach, Virginia, in most In the days following this horrific Speaker, I rise in support of H. Res. 1059— cases alerted their rescue team com- disaster, many of us watched the end- Honoring the heroism of the seven United manders that they were ready and will- less news cycles with cautious hope as States Agency for International Development ing to serve in Haiti even before their search and rescue efforts were and Office of U.S. Foreign Disaster Assistance activation by OFDA. Their heroism is a streamed live around the world. With supported urban search and rescue teams de- true testament to the American spirit bated breath, we watched as time after ployed to Haiti from New York City, New York, and the underlying concern of all time earthquake survivors miracu- Fairfax County, Virginia, Los Angeles County, Americans toward their neighbors and lously appeared from the rubble, each California, Miami, Florida, Miami-Dade County, friends. rescue helping to reinforce the faith, Florida, and Virginia Beach, Virginia, and com- While highly skilled and experienced the strength, and the determination of mending their dedication and assistance in the in this type of dangerous work, the all who were and are involved in the re- aftermath of the January 12, 2010 Haitian challenges facing the search and rescue lief efforts in Haiti. earthquake. teams in the aftermath of this dev- More than 130 individuals were ulti- As you know, on Tuesday, January 12th, a astating earthquake were particularly mately saved from the rubble in the massive, 7.0 magnitude earthquake struck daunting. One night, as New York’s weeks following the earthquake, more Haiti near the capital of Port-au-Prince. There Task Force One team had already gone rescues of survivors over more days is still no official estimate of death or destruc- to base camp, the team rushed back to than ever before. This is a testament to tion but the damage to buildings is extensive the streets of Port-au-Price when they both the survivors and the rescuers. and the number of injured or dead is esti- heard rumors that there were still chil- The U.S. search and rescue units are mated to be in the hundreds of thousands. dren trapped in rubble nearby. That the best trained in the world. Without America is responding, and will continue to night, an 8-year-old boy was pulled by hesitation, several of these teams de- respond with immediate humanitarian assist- the team from the rubble and thanked ployed almost immediately following ance to help the people of this struggling is- his rescuers with a big hug and a big the earthquake. We ultimately sent land nation rebuild their livelihoods. I send my smile. The rescue team also saved a lit- seven of our best teams, roughly com- condolences to the people and government of tle girl buried in the same massive pile promising one-third of the entire urban Haiti as they grieve once again in the after- of rubble where the team recovered the search and rescue effort in Haiti. My math of a natural disaster. As Haiti’s neighbor, bodies of three other children that day. own district was proud to send one I believe it is the United States’ responsibility

VerDate Mar 15 2010 04:07 May 18, 2010 Jkt 089060 PO 00000 Frm 00022 Fmt 4634 Sfmt 9920 E:\RECORD10\RECFILES\H23FE0.REC H23FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 23, 2010 CONGRESSIONAL RECORD — HOUSE H673 to help Haiti recover, and build the capacity to Once again I stand in solidarity with the Whereas in 1933, Miep Gies took a job as an mitigate against future disasters. people of Haiti and will do everything in my office assistant to Otto Frank, owner of To date the United States Government has power to assist them with rebuilding their Opekta, a pectin manufacturing company, contributed over $402 million in earthquake re- and father of Anne Frank; country and livelihoods. I am proud of our first Whereas Miep Gies agreed without hesi- sponse funding for Haiti. It has also deployed responders, and pledge that America’s long tation to hide and assist the Frank family to approximately 17,000 military personnel in term commitment to Haiti will live up to the avoid Jewish persecution at the hands of support of the relief effort. Subsequently, as standard that the first responders set. Nazi Germany; part of the new Government of Haiti-led effort, Mr. WOLF. Madam Speaker, I rise today in Whereas Miep Gies helped hide and sustain the U.N. World Food Program will provide support of H. Res. 1059, a resolution honoring the Frank family, along with Hermann and commodities, non-governmental organizations the heroism of the seven urban search and Auguste Van Pels, their son Peter, and later will manage distributions, and U.S. Military will Fritz Pfeffer, for two years in a secret room rescue teams deployed to Haiti from New York above Opekta’s offices, bringing them food, provide security escorts. City, New York; Fairfax County, Virginia; Los American and her allies have already initi- supplies, and writing supplies for Anne; Angeles County, California; Miami, Florida; Whereas when the Gestapo captured the ated a comprehensive, interagency response Miami-Dade County, Florida; and Virginia Frank family, the Van Pels family, and Mr. to the earthquake. The State Department, De- Beach, Virginia, and commending their dedica- Pfeffer, on August 4, 1944, Miep Gies discov- partment of Defense, Department of Home- tion and assistance in the aftermath of the ered the pages of Anne Frank’s diary in the land Security, Coast Guard, USAID—all horrific January 12 Haitian earthquake. secret room and hid them for safekeeping; worked overnight to ensure critical resources I was pleased to be an original cosponsor of Whereas after learning that Anne Frank and her sister Margot died of typhus at Ber- were positioned to support the response and this resolution which congratulates the more recovery effort, including efforts to find and as- gen-Belsen, Miep Gies gave Anne Frank’s than 500 rescue workers, some of whom are diary to her father Otto, the only surviving sist American citizens in Haiti. from my congressional district in Fairfax Coun- Within days of last week’s devastating member of the family; ty, for the lives they helped save and for the earthquake, U.S. Southern Command de- Whereas ‘‘The Diary of a Young Girl’’ by work they undertook to train additional inter- Anne Frank, which has been translated into ployed a team of 30 people to Haiti to support national teams working in Haiti. 70 languages, is both an inspirational story U.S. relief efforts in the aftermath of one of the The enormity of the destruction that Haiti about hope in the face of senseless tragedy largest natural disasters in the western hemi- has experienced is difficult to comprehend. and an important testament for future gen- sphere. The team included U.S. military engi- erations to the horrors of the Holocaust; But in the face of this devastation, selfless neers, operational planners, and a command Whereas Miep Gies shared her recollections and control group and communication special- men and women from around our country to author Alison Leslie Gold for the book ists arriving on two C–130 Hercules aircraft. have given of their time and talents to help a ‘‘Anne Frank Remembered’’, which was later Since, there has been a tremendous inter- people and a nation in desperate need. I join made into a powerful documentary film; agency response with support and partnering my colleagues in recognizing and thanking Whereas Miep Gies, who would recount her them for their service. extraordinary life with a self-effacing mod- with U.S. Embassy personnel as well as Hai- esty that betrayed her unfailing courage and tian, United Nations and international officials Ms. ROS-LEHTINEN. Madam Speak- er, I yield back the balance of my time. integrity, serves as a powerful symbol of re- to assess the situation and facilitate follow on sistance against the forces of oppression and Mr. MCMAHON. I thank the ranking U.S. military support. injustice; Within hours of the earthquake, the United member of the committee for those re- Whereas Miep Gies represents the valor States sent world-class teams of search and marks, and I yield back the balance of demonstrated by the countless ordinary indi- rescue to help search for survivors. These my time. viduals who stood up to and helped defeat teams, from all across the country comprised The SPEAKER pro tempore. The Adolph Hitler’s Nazi regime; and roughly one-third of the entire international question is on the motion offered by Whereas Miep Gies passed away on Janu- the gentleman from New York (Mr. ary 11, 2010: Now, therefore, be it USAR effort in Haiti. In total, the United States Resolved, That the House of Representa- MCMAHON) that the House suspend the sent over five hundred and eleven rescue tives— workers. These rescue workers worked tire- rules and agree to the resolution, H. (1) recognizes Miep Gies’s courage in risk- lessly to search for survivors, and found and Res. 1059, as amended. ing her own life to hide and provide for the rescued more than 130 people from under the The question was taken. Frank family while they were in hiding; rubble. Without these search and rescue units, The SPEAKER pro tempore. In the (2) commends Miep Gies for retrieving and it is possible that these people would not have opinion of the Chair, two-thirds being preserving the diary of Anne Frank, which been located in time to save their lives. in the affirmative, the ayes have it. has served as an inspiration to countless peo- The search and rescue teams were, quite Mr. MCMAHON. Madam Speaker, on ple the world over; and that I demand the yeas and nays. (3) honors Miep Gies for her bravery during literally, our first responders. At a moment’s Nazi occupation of the Netherlands and her notice these men and women packed their The yeas and nays were ordered. dedication to preserving the memory of Anne bags and left their homes to confront the after- The SPEAKER pro tempore. Pursu- Frank and the Holocaust. math of the largest natural disaster in recent ant to clause 8 of rule XX and the The SPEAKER pro tempore. Pursu- memory. I commend them for their readiness Chair’s prior announcement, further ant to the rule, the gentleman from and tireless commitment to saving lives. proceedings on this motion will be New York (Mr. MCMAHON) and the gen- Madam Speaker, over a month has passed postponed. tlewoman from Florida (Ms. ROS- since the earthquake, the search and rescue f LEHTINEN) each will control 20 minutes. missions have ended, and Haiti has The Chair recognizes the gentleman transitioned to long term reconstruction and HONORING THE LIFE OF MIEP GIES from New York. development. GENERAL LEAVE Recently, I proposed a plan that would in- Mr. MCMAHON. Madam Speaker, I Mr. MCMAHON. Madam Speaker, I crease the ability of the U.S. to assist Haiti in move to suspend the rules and agree to ask unanimous consent that all Mem- its efforts toward reconstruction and stabiliza- the resolution (H. Res. 1074) honoring bers may have 5 legislative days to re- tion to Dr. Rajiv Shah, the Administrator of the the life of Miep Gies, who aided Anne vise and extend their remarks and in- U.S. Agency for International Development. Frank’s family while they were in hid- clude extraneous material on the reso- This plan would create an oversight position ing and preserved her diary for future lution under consideration. within the USAID that would coordinate and generations. The SPEAKER pro tempore. Is there regulate faith-based and non-profit organiza- The Clerk read the title of the resolu- objection to the request of the gen- tions operating in the reconstruction efforts in tion. tleman from New York? Haiti. I also recommended the creation of a The text of the resolution is as fol- There was no objection. U.S. civilian corps, an extension of the Amer- lows: Mr. MCMAHON. Madam Speaker, I ican Peace Corps, that would be tasked the H. RES. 1074 rise in strong support of this resolution specific mission of assisting reconstruction ef- Whereas Hermine ‘‘Miep’’ Gies was born on and yield myself such time as I may forts in Haiti. This civilian entity would serve February 15, 1909, in Vienna, Austria; consume. as a supplemental contingent which could be Whereas Miep Gies was sent to live with a Anne Frank and her family’s struggle incrementally dispatched as needed by U.S. host family in the Netherlands when she was to survive the Holocaust is known to Government agencies or Nongovernment Or- 11 years old after the tumult of World War I millions around the world, but few re- ganization. led to food shortages in Austria; alize that the story of Anne and the

VerDate Mar 15 2010 04:07 May 18, 2010 Jkt 089060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H23FE0.REC H23FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H674 CONGRESSIONAL RECORD — HOUSE February 23, 2010 Frank family would never have been Miep simply answered, ‘‘Yes, of Mr. MCMAHON. Madam Speaker, I known had it not been for the selfless course.’’ yield 10 minutes to the prime sponsor acts of Miep Gies, who passed away on For 2 years, Miep, her husband and a of this resolution, the gentlewoman January 11. number of her friends helped the Frank from Ohio (Ms. KILROY). The Frank family was ultimately family and four other Jews hide in a Ms. KILROY. Thank you, my col- captured by the Gestapo and deported small attic apartment behind the office leagues. to the Bergen-Belsen concentration of the Frank Family business. They Madam Speaker, I rise today in sup- camp, where Anne and her sister brought them food and other neces- port of House Resolution 1074, legisla- Margor died of typhus. Anne’s diaries sities while putting their own lives at tion that I introduced to honor the life survived the war and continue to serve risk every day. of Hermine ‘‘Miep’’ Gies, who aided as an inspirational story of hope in the During their years in hiding, Anne Anne Frank’s family while they were face of senseless tragedy and an impor- Frank, as we all know, kept a diary, in hiding and who preserved her diary tant testament for future generations which described her experiences. This for future generations. to the horrors of the Holocaust. Were it diary would later become one of the I want to thank Chairman BERMAN not for the selfless acts of Miep Gies, most widely read books in the world, and Ranking Member ROS-LEHTINEN for an employee of Anne’s father, Otto, providing millions of people with a their support in bringing this resolu- who aided the Frank family while they glimpse of the Holocaust through the tion to the floor. were in hiding and preserved Anne’s eyes of a young, bright and ever hope- Why is it important to honor Miep diary, Anne’s story would likely never ful Jewish girl. Gies? have been known. Miep agreed without In August of 1944, the Gestapo discov- I recently visited Yad Vashem, the hesitation to hide and assist the Frank ered their hiding place, and they ar- Holocaust Memorial in Jerusalem. It is family to avoid persecution in the rested the Frank family. After the an overwhelming experience, and as we hands of the Nazis, and by doing so put Frank family was captured, Miep dis- ponder the horror of Hitler’s plan to her own life at risk. covered the pages of Anne Frank’s eradicate the Jewish people, we ask After the Gestapo discovered the diary, and held them in safekeeping ourselves: How could this have hap- Frank family’s hiding place, Miep hid until after the war. She later gave the pened? How could so many stand by si- the pages of Anne’s diary for safe- diary to Anne’s father, who returned to lently? How could so many actually keeping and years later returned them Amsterdam after surviving Auschwitz. participate? to Otto, the only surviving member of In fact, he was the only member of the So it is important, I think, to under- the Frank family. Miep Gies also Frank family who managed to survive. stand that there are some who spoke shared her recollections to author Ali- Anne’s mother died in Auschwitz, and up, heroes like Miep Gies, and it is im- son Leslie Gold for the book, ‘‘Anne Anne and her sister perished in the portant to honor people like her, peo- Frank Remembered,’’ which was later Bergen-Belsen concentration camp. ple who helped the Jews, who worked made into a powerful documentary Decades after the Holocaust, Miep against the sea of hatred that had en- film. She recounted her extraordinary stated the following about what she veloped most of Europe at that time— life with a self-effacing modesty that and her husband and a number of her people like Miep Gies, an ordinary betrayed her unfailing courage and in- friends did to help the Frank family woman, who did an extraordinary and others: tegrity, serving as a powerful symbol thing. ‘‘It seemed perfectly natural to me. I of resistance against the forces of op- She was born to a German Catholic could help these people. They were pression and injustice. family in Austria on February 15, 1909. powerless. They didn’t know where to When she was 11, her family sent her to b 1430 turn. I always emphasize that we were live with a foster family in the Nether- We mourn the passing of this ex- not heroes. We did our duty as human lands to escape food shortages in post- traordinary woman, and honor her for beings.’’ her bravery and compassion. What Miep and others did during the war Austria. She worked as a servant, I ask my colleagues to join me in rec- Holocaust to save lives, while putting as a seamstress, as waitress. Then, in ognizing Miep Gies’ courage in risking their own at risk, was nothing short of 1933, she took a job with an Amsterdam her own life to hide and to provide for heroism. Miep has survived and has re- manufacturing company owned by Otto the Frank family and for preserving ceived many honors for her heroism, Frank, a German Jew, who left Frank- the memory of Anne Frank and the including being knighted by Queen furt when Hitler became Chancellor of Holocaust. Beatrix of the Netherlands and receiv- Germany and when the organized at- Madam Speaker, I reserve the bal- ing a medal from Yad Vashem, the Hol- tacks on the Jews began, including the ance of my time. ocaust Memorial in Jerusalem. boycott on Jewish businesses. Ms. ROS-LEHTINEN. I yield myself Though Miep passed away last Ms. Gies quickly became friends with such time as I may consume. month, her relentless courage, her the Frank family. On July 6, 1942, more Madam Speaker, I am a proud co- compassion and her contribution to than 2 years into the German occupa- sponsor of this bill, and I rise in sup- preserving one of the most unique and tion of the Netherlands, Otto Frank; port of House Resolution 1074, which important documentations of the hor- his wife, Edith; and his daughters, Mar- honors the life of Miep Gies, who rors of the Holocaust will not be for- got and Anne, went into hiding in a se- helped Anne Frank’s family while they gotten. cret annex behind a bookshelf in Otto were in hiding and who preserved I thank my distinguished colleague, Frank’s office. They were later joined Anne’s famous diary for future genera- Congresswoman KILROY, for intro- by Hermann and Auguste Van Pels; tions. ducing this measure which recognizes their son, Peter; and Fritz Pfeffer. With Miep’s passing on January 11, Miep’s courage in risking her life to For 2 more years, Miep Gies, along the world has lost a true hero. Before hide and to provide for the Frank fam- with her husband, Jan, and three other German occupation, Miep worked as an ily while they were in hiding. It com- employees of Otto Frank, risked their office assistant in Amsterdam for Otto mends Miep for retrieving and pre- lives to supply the eight people in hid- Frank, Anne Frank’s father. After Nazi serving the diary of Anne Frank. Fur- ing with food, clothing, with news from Germany occupied Holland and after ther, it honors Miep for her bravery the outside, and with paper for Anne to Hitler began to accelerate his plan for during the Nazi occupation of the write on. total extermination of the Jews, Anne Netherlands, and it honors her dedica- As Anne noted in her diary, ‘‘Miep Frank’s father began to make plans to tion to preserving the memory of Anne has so much to carry; she looks like a hide his family from persecution. Frank so as to remember the terrible pack mule. She goes forth nearly every As Miep later recalled in the spring lessons of the Holocaust. day, scrounging for vegetables, and of 1942, Otto Frank sat her down and I support this important measure, then bicycles back with her purchases told her that they were going to go Madam Speaker, and I urge my col- in large shopping bags.’’ into hiding, and he asked her if she leagues to do the same. Miep is also the one who brought five would be willing to help out the family With that, I reserve the balance of library books to Anne every Saturday. by bringing them food. my time. She did this during a time of war. It

VerDate Mar 15 2010 04:07 May 18, 2010 Jkt 089060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H23FE0.REC H23FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 23, 2010 CONGRESSIONAL RECORD — HOUSE H675 was a time of shortages, a time when War II. Furthermore, we must never forget the and remains as a testament for future genera- getting food meant managing ration horrible atrocities of the Holocaust and con- tions on the horrors of the Holocaust and the coupons. Despite their efforts, though, tinue to fight against acts of genocide around importance of preventing genocide in all on August 4, 1944, the Gestapo raided the world as well as fight against bigotry and forms. the secret hiding place, and they cap- intolerance here at home in the U.S. Sadly Miep Gies recently passed away on tured the eight hideaways who were be- During the Second World War, Miep Gies January 11, 2010 leaving behind a legacy of trayed by an anonymous tip. helped and assisted Anne Frank and her fam- compassion and teaching. Today I stand in Miep Gies discovered the pages of the ily by hiding and protecting them from Nazi recognition of the courage that Miep Gies had diary that Anne kept during her time persecution. In fact, Miep Gies agreed to hide in risking her own life to shelter and provide in hiding, and Miep locked them in a and assist the Frank family in avoiding Jewish for the Frank family while they were in hiding desk drawer for safekeeping. When she persecution at the hands of the Nazis without from the Nazis. The love and selflessness that learned that Margot and Anne had died hesitation. Miep Gies showed in sheltering her friends of typhus at the Bergen-Belsen con- Miep Gies initially met Anne Frank’s father, from the hatred and persecution of Nazi Ger- centration camp, she returned Anne’s Otto Frank, in 1933 and worked as a secretary many should be an example to us all. diary to Otto Frank, the only one of in his pectin manufacturing company, Opekta. I would also like to commend Miep Gies for the eight to have survived the Holo- After some time, she became well acquainted recovering and preserving the diary of Anne caust. with the Frank family, as did her husband Jan Frank through the end of World War II. Be- Later in her life, she testified against Gies, whom she married on July 16, 1941. cause of the thoughtfulness of Miep Gies, the the Neo-Nazis, who denied the authen- In the early 1940s, the Nazis began tar- Diary of Anne Frank now serves as both an ticity of the diary. She helped in the geting specific groups of people including inspiration as well as an example to millions of establishment of a museum in the Jews, ethnic Poles, Romani, Soviet civilians, people around the world. small building where Anne and her Soviet prisoners of war, people with disabil- It is important that we never forget the hor- family had hid. ities, homosexuals, Jehovah’s Witnesses, and rible actions that took place during the Holo- As was noted, she passed away re- other political and religious groups. Between caust. It is also important that we never forget cently, on January 11, 2010, at the age 1940 and 1945 during the Holocaust, more the courageous and noble acts of people all of 100, but she kept alive a very impor- than 6 million Jews and other targeted groups across Europe in the fight against the Nazi re- tant part of Holocaust history by pre- were exterminated by the Nazis. gime as well as those who assisted per- serving Anne’s diary and by helping us During this time, Miep Gies along with her secuted groups during those terrible times. to learn, to understand and to remem- husband and several colleagues helped hide Furthermore, I would also like to urge coun- ber so it will not happen again. the Frank family including Edith and Otto tries and leaders across the world to reassess The ‘‘Diary of a Young Girl,’’ by Frank, their daughters Margot and Anne, Her- their efforts in fighting racism, intolerance and Anne Frank, has been translated into mann and Auguste van Pels, their son Peter, anti-Semitism. Through providing education 70 languages—an inspirational story and Fritz Pfeffer, from Nazi persecution. Miep and instruction to adults and children alike, we about hope in the face of war and an Gies’ husband Jan Gies was a member of the can help to ensure that what happened in Eu- important testament for future genera- Dutch Resistance who was dedicated to as- rope during the Holocaust is never allowed to tions so that the horrors of the Holo- sisting Jews and other persecuted peoples es- happen again. caust will not be forgotten. Like so cape by obtaining illegal ration cards for food I ask my colleagues for their support of this many others who read Anne’s diary, as and finding good hiding places. Miep Gies and legislation as well as their support for those a young woman, I was deeply moved by her husband hid the Frank family in a secret who protect defenseless people across the her steadfast optimism even during a upstairs room of the office building that was world. I strongly urge you to support this reso- period of her life defined by the evil of used by Mr. Frank’s spice company from July lution. that day. 1942 to August 1944. Ms. ROS-LEHTINEN. Madam Speak- Thanks to Miep Gies’ bravery, Anne’s Every few days Miep Gies would come by er, I yield back the balance of my time. recollections have been preserved for the secret upstairs room of Mr. Frank’s former Mr. MCMAHON. Madam Speaker, I future generations. Miep later de- office building and bring food supplies in addi- have no further requests for time, and scribed her efforts to assist the eight tion to writing supplies for Anne Frank. Be- I yield back the balance of my time. people in hiding, saying, ‘‘Of course, cause of Miep Gies’ genuine compassion and The SPEAKER pro tempore. The it’s nice to be appreciated, but I only selflessness, her friends were able to evade question is on the motion offered by did my duty to my fellow man. I helped the horrors of Nazi persecution for two years. the gentleman from New York (Mr. people in need. Anyone can do that, Sadly, on the morning of August 4, 1944, MCMAHON) that the House suspend the can’t they?’’ the Gru¨ne Polizei arrested Anne Frank and rules and agree to the resolution, H. This understated appraisal of her he- her family who were hiding in the secret up- Res. 1074. roic acts is just one example of her stairs room of Mr. Frank’s office building. Be- The question was taken. modesty and her integrity. We can cause of her genuine care and compassion for The SPEAKER pro tempore. In the learn much from Miep Gies, an ordi- her friends however, Miep Gies attempted to opinion of the Chair, two-thirds being nary woman, who showed extraor- petition and bribe the Austrian Nazi officer to in the affirmative, the ayes have it. dinary courage in the face of unspeak- release her friends for several days after their Mr. MCMAHON. Madam Speaker, on able peril during Nazi occupation and arrest. Unfortunately the officer would not that I demand the yeas and nays. the Holocaust. She is a powerful sym- allow for their release. The yeas and nays were ordered. bol of resistance against oppression After being arrested, Anne Frank and her The SPEAKER pro tempore. Pursu- and injustice. She is an example of our family were deported to the Auschwitz Nazi ant to clause 8 of rule XX and the human capacity to rise even to the Concentration Camp where Anne stayed until Chair’s prior announcement, further most daunting of challenges. being transferred to the Bergen-Belsen con- proceedings on this motion will be I urge my colleagues to join me in centration camp. Sadly, Anne Frank later died postponed. recognizing this incredible woman’s there in March 1945 at the age of 15 though f life and legacy. her father Otto Frank, from whom she was EXPRESSING THE SENSE OF THE Ms. JACKSON LEE of Texas. Madam separated, survived the war. Speaker, I stand before you today in support Sometime after Anne Frank and her family HOUSE OF REPRESENTATIVES of H. Res. 1074 ‘‘Honoring the life of Miep were arrested and deported, Miep Gies found ON RELIGIOUS MINORITIES IN Gies, who aided Anne Frank’s family while the diary Anne Frank had kept while hiding IRAQ they were in hiding and preserved her diary from the Nazis in the secret room and safe- Mr. MCMAHON. Madam Speaker, I for future generations.’’ guarded it through the end of the war. It move to suspend the rules and agree to I would like to begin by thanking my col- wasn’t until after the end of World War II that the resolution (H. Res. 944) expressing league Representative MARY JO KILROY for in- Miep Gies released the pages of Anne Frank’s the sense of the House of Representa- troducing this resolution in the House, as it is diary to her father, Otto Frank. tives on religious minorities in Iraq, as important that we honor and recognize those The diary of Anne Frank was later published amended. who helped and aided groups of people who and entitled ‘‘The Diary of a Young Girl.’’ The The Clerk read the title of the resolu- were persecuted by the Nazis during World diary was also translated into 70 languages tion.

VerDate Mar 15 2010 04:07 May 18, 2010 Jkt 089060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H23FE0.REC H23FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H676 CONGRESSIONAL RECORD — HOUSE February 23, 2010 The text of the resolution is as fol- Whereas it is widely reported that only (B) permit and facilitate election moni- lows: 500,000 to 700,000 indigenous Christians re- toring by experts from local and inter- mained in Iraq as of 2009; national nongovernmental organizations, the H. RES. 944 Whereas since 2003, the Sabean Mandean international community, and the United Whereas threats against members of even community has found itself targeted by both Nations, particularly in ethnic and religious the smallest religious and ethnic minority Sunni and Shia Islamic extremists, and by minority areas; communities in Iraq could jeopardize the fu- criminal gangs who use religion to justify (6) the United States Government should ture of Iraq as a diverse, pluralistic, and free their attacks; encourage the Government of Iraq to work society; Whereas the Sabean Mandean community with members of vulnerable religious and Whereas according to the Department of in Iraq reports that almost 90 percent of the ethnic minority communities to develop and State’s International Religious Freedom Re- members of that community either fled Iraq implement tangible, effective measures to port, violent acts continue to pose a signifi- or have been killed, leaving only about 3,500 protect their rights and measures to reverse cant threat to members of the country’s vul- to 5,000 Mandeans in Iraq as of 2009; the legal, political, and economic nerable non-Muslim religious minority com- Whereas in August 2007 a series of bomb- marginalization of religious minorities in munities, including documented attacks ings targeted the Yazidi community of Iraq Iraq; against Chaldeans, Syriacs, Assyrians, and resulting in an estimated 200 deaths and (7) in providing assistance to Iraq, the more than 200 injuries; other Christians, Sabean Mandeans, and United States Government should continue Whereas at least 20 people were killed and Yazidis, and ‘‘very few of the perpetrators of to take into account the needs of vulnerable 30 wounded in a double suicide bombing in violence committed against Christians and members of religious and ethnic minority August 2009 which targeted the Yazidi mi- other religious minorities in the country communities and expand upon efforts to nority in northern Iraq; have been punished’’; work with local organizations that serve Whereas the Yazidi community in Iraq re- Whereas according to the United States those communities; portedly now numbers about 500,000, a de- Commission on International Religious Free- (8) the United States Government should crease from about 700,000 in 2005; dom, there are grave threats to religious continue to fund capacity-building programs Whereas the Baha’i faith, estimated to freedom in Iraq, particularly for members of for the Iraqi Ministry of Human Rights, the have only 2,000 adherents in Iraq, remains the smallest, most vulnerable religious mi- independent national Human Rights Com- prohibited in Iraq under a 1970 law; mission, and the newly-created independent nority communities in Iraq, including Whereas the ancient and once-large Jewish Chaldeans, Syriacs, Assyrians, and other minorities committee whose membership is community in Iraq now numbers fewer than selected by members of vulnerable religious Christians, Sabean Mandeans, and Yazidis; 10, and they essentially live in hiding; Whereas the February 2009 Country Report and ethnic minority communities of Iraq; Whereas in 2008, the United Nations High (9) the United States Government should on Human Rights Practices issued by the De- Commissioner for Refugees (UNHCR) re- partment of State identifies on-going ‘‘mis- strongly encourage the Government of Iraq ported that approximately 221,000 Iraqis re- to direct the Iraqi Ministry of Human Rights appropriation of official authority by sec- turned to their areas of origin in Iraq, the tarian, criminal, and extremist groups’’ as to investigate and issue a public report on vast majority of whom settled into neighbor- abuses against and the marginalization of among the significant and continuing human hoods or governorates controlled by mem- members of vulnerable religious and ethnic rights problems in Iraq; bers of their own religious community; minority communities in Iraq and make rec- Whereas in recent years, there have been Whereas many of these returnees reported ommendations to address such abuses; and alarming numbers of religiously motivated returning because of difficult economic con- (10) the Government of Iraq should, with killings, abductions, beatings, rapes, threats, ditions in their countries of asylum, prin- the assistance of the United States Govern- intimidation, forced conversions, marriages, cipally Syria, Jordan, Egypt, and Lebanon; ment and international organizations, help and displacement from homes and busi- and ensure that displaced Iraqis considering re- nesses, and attacks on religious leaders, pil- Whereas many members of vulnerable reli- turn to Iraq have the proper information grims, and holy sites, in Iraq, with the gious and ethnic minority communities are needed to make informed decisions regarding smallest, non-Muslim religious minorities in not believed to be represented in more than Iraq having been among the most vulnerable, negligible numbers among these returnees: such return. although Iraqis from many religious commu- Now, therefore, be it The SPEAKER pro tempore. Pursu- nities, Muslim and non-Muslim alike, have Resolved, That it is the sense of the House ant to the rule, the gentleman from suffered in this violence; of Representatives that— New York (Mr. MCMAHON) and the gen- Whereas the Assyrian International News (1) the United States remains deeply con- tlewoman from Florida (Ms. ROS- Agency reports that 59 churches were cerned about the plight of members of the LEHTINEN) each will control 20 minutes. bombed in Iraq between June 2004 and July vulnerable religious and ethnic minority 2009; communities of Iraq; The Chair recognizes the gentleman Whereas persecution and violence in Iraq (2) the Secretary of State should develop from New York. have extended to church leaders as well, such and report to Congress on a comprehensive GENERAL LEAVE as the March 2008 kidnap for ransom and strategy to encourage the protection of the Mr. MCMAHON. Madam Speaker, I killing of 65-year-old Chaldean Catholic rights of members of vulnerable religious ask unanimous consent that all Mem- Archbishop Paulos Faraj Rahho; and ethnic minority communities in Iraq; bers may have 5 legislative days to re- Whereas many members of non-Muslim re- (3) the United States Government should vise and extend their remarks and to ligious minority communities in Iraq report- urge the Government of Iraq to enhance se- include extraneous material on the res- edly do not receive adequate official protec- curity at places of worship in Iraq, particu- tion, and are legally, politically, and eco- larly where members of vulnerable religious olution under consideration. nomically marginalized; minority communities are known to be at The SPEAKER pro tempore. Is there Whereas control of several ethnically and risk; objection to the request of the gen- religiously mixed areas, including the (4) the United States Government should tleman from New York? Nineveh and Tamim (Kirkuk) governorates, continue to work with the Government of There was no objection. is disputed between the Kurdistan regional Iraq to integrate religious and ethnic mi- Mr. MCMAHON. I rise in strong sup- government and the Government of Iraq, and norities into the government in general, and port of this resolution, and I yield my- Chaldeans, Syriacs, Assyrians, and other the Iraqi Security Forces, in particular, with self such time as I may consume. Christians, Sabean Mandeans, Yazidis, and the goal of ensuring that members of such Madam Speaker, H. Res. 944 expresses Muslim ethnic minorities Shabak and communities— the sense of the House of Representa- Turkomans are caught in the middle of this (A) suffer no discrimination in recruit- tives on the status of religious minori- struggle for control and have been targeted ment, employment, or advancement in gov- for abuses and discrimination as a result; ernment positions, in general, and the Iraqi ties in Iraq. Whereas many members of vulnerable non- police and security forces, in particular; and When the Iraq war began in 2003, lit- Muslim religious minority communities in (B) while employed in the Iraqi police and tle thought was given to the impact on Iraq have fled to other areas in Iraq or to security forces, be initially assigned, in rea- Iraq’s religious minorities. Only 3 per- other countries; sonable numbers, to their locations of origin, cent of the population in Iraq is non- Whereas the flight of such refugees has rather than being transferred to other areas; Muslim. These populations include substantially diminished their numbers in (5) the Government of Iraq should, with the Christians, Yazidis, Sabian-Mandaeans, Iraq; assistance of the United States Govern- Baha’is, Shabaks, Kaka’is, and a very Whereas approximately 1,400,000 Christians ment— small number of Jews. were estimated to have lived in Iraq as of (A) ensure that the upcoming national Although the new Iraqi Constitution 2003, including Chaldean Catholics, Assyrian elections in Iraq are safe, fair, and free of in- Orthodox, Assyrian Church of the East, Syr- timidation and violence so that all Iraqis, in- recognizes Islam as the official religion iac Catholics, Syriac Orthodox, Armenians cluding members of vulnerable religious and of Iraq, it also states that no law may (Catholic and Orthodox), Protestants, ethnic minority communities, can partici- be enacted that contradicts principles Evangelicals, and others; pate in the elections; and of democracy or the rights and basic

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freedoms stipulated in the constitu- tleman from Michigan (Mr. PETERS) mately 11⁄2 million Christians in Iraq in tion. The constitution also guarantees and the gentleman from Virginia (Mr. 2003, and today there is less than half freedom of thought, conscience, and re- WOLF) for bringing this important of that amount. ligious belief and practice for both human rights issue before us today. Many of these Iraqis would like noth- Muslims and non-Muslims. The protection of members of vulner- ing more than to return home. Accord- Although the Iraqi Government gen- able religious and ethnic minorities, ing to the United Nations High Com- erally respects these rights, ongoing vi- including the smallest minority missioner for Refugees, in 2008, ap- olence restricts the free exercise of re- groups, is integral to the future of Iraq proximately 221,000 Iraqis returned to ligion, and this violence poses a signifi- as a free and stable country. Iraq is their home village or neighborhood in cant threat to the country’s vulnerable home to ancient and diverse Catholic, Iraq and the vast majority settled into religious minorities. These minorities Orthodox, and other Christian groups, areas where members of their own reli- continue to suffer at the hands of ter- including Chaldean, Assyrian, Syriac, gious community controlled the neigh- rorists, extremists, criminal gangs, and and Armenian Christians, among many borhood or local government. even at the hands of unsavory elements others. They have been targeted for Unfortunately, Iraqi religious mi- within the Iraqi Government. Sec- kidnapping and murder by radical Is- norities do not have militia or tribal tarian violence, including attacks on lamic extremists. Various credible structures to defend themselves, and religious leaders and religious places of sources estimate that more than half they do not receive adequate protec- worship, continues to hamper their of Iraq’s Christians have already fled tion from the police or security forces. ability to practice religion freely. the country during the last several Not only does this make the possibility Many experts consider the situation years. of return nearly impossible for Iraqi re- for Iraqi Christians as especially dire. However, these dangers are certainly ligious minorities, it also leaves them According to Chaldean Catholic Auxil- not confined to Christians. The Baha’i particularly vulnerable to violence. iary Bishop Andreos Abouna of Bagh- faith remains prohibited in Iraq, and Iraqi Christians and other religious dad, the number of Christians in Iraq Iraq’s ancient and once-flourishing minorities are often specifically tar- may have been cut in half since 2003. Jewish community has reportedly geted in gruesome and random acts of As documented by the State Depart- dwindled to fewer than a dozen people. violence such as murder, rape, and ab- ment, Christians have been threatened All of us understand that Iraq’s ductions. This includes the Chaldean with violence if they do not leave their young democracy faces many chal- community, who this week is mourning homes. They have been accosted on the lenges, including its own threats from the kidnapping and murder of Arch- streets and have even been assas- insurgents and other extremists. But bishop Paulos Faraj Rahho on Feb- sinated. Their churches have been the marginalization, the displacement, ruary 29, 2008. Archbishop Rahho spent almost his bombed and destroyed. the violence that threatens Iraq’s mi- Reports indicate that other religious entire life living in Mosul and serving nority communities also endanger the minorities face similarly treacherous its Christian communities which are vitality and the inclusiveness of Iraqi situations. The Yazidis, who are con- among the oldest and largest in Iraq. society as a whole. sidered heretical by many Muslims be- For years, the archbishop was threat- We must strive to ensure that the cause of their beliefs, have suffered ened with violence because he spoke work that we and our allies do helps to under a tremendous onslaught of vio- out against discrimination against build Iraq’s capacity and commitment lence. Another targeted group, the Christians by Muslim extremists. to protect its minority citizens, and we Sabian-Mandaeans, numbered about Sadly, the archbishop was murdered must encourage the Government of 60,000 in 2003. Today, only about 5,000 because he refused to lend the support Iraq to ensure that its forthcoming Sabian-Mandaeans remain in Iraq, of his church to terrorists in their fight elections are an opportunity to rein- meaning that more than 90 percent against U.S. forces in Iraq. force the growth of democracy and have left the country or have been These stories continue to be trag- freedom in that country. Those elec- killed. ically common, and more must be done tions should be safe, should be fair, That is why we are considering House by the United States Government and should be transparent so that all Resolution 944 today, and that is why I by the Government of Iraq to protect Iraqis, including members of these vul- am proud to say that I am an original religious minorities. nerable religious and ethnic minority cosponsor of that resolution. This resolution calls upon the United This resolution urges the Govern- communities, can participate. And we States and the Iraqi Government to ment of Iraq to enhance security in must not let members of those minori- protect religious minorities by encour- places of worship in Iraq, particularly ties under siege think that they are aging free and fair elections, training where religious minorities are known alone or that they are forgotten. Iraqi security forces, and providing to be at risk. The resolution calls for For these reasons, Madam Speaker, I safe places to worship. It also seeks an the urgent training of an appropriate am grateful for this resolution, which investigation into human rights viola- number of security forces to protect re- deserves our unanimous support. tions and calls for an end to the abuse Madam Speaker, I reserve the bal- ligious minorities. It also urges the of Iraqi religious minorities. Finally, ance of my time. Iraqi Government to take affirmative the resolution calls for the United Mr. MCMAHON. Madam Speaker, at measures to reverse the legal, political States to work with the Iraqi Govern- this time I yield 3 minutes to the prime and economic marginalization of reli- ment to ensure the physical and eco- sponsor of this resolution, the gen- gious minorities in Iraq. In addition, it nomic safety of those wishing to return tleman from Michigan (Mr. PETERS). to Iraq. asks the United States to consider im- Mr. PETERS. Madam Speaker, I plementing programs for religious mi- I would like to thank my colleagues, thank the gentleman from New York Mr. WOLF and Ms. ESHOO, who, as co- norities as part of its overall economic for yielding the time. assistance to Iraq. Chairs of the Religious Minorities in While the majority of Iraqis are Mus- the Middle East Caucus, have shown b 1445 lim, there are many communities of re- great leadership on this issue and for Madam Speaker, I urge all of my col- ligious and ethnic minorities whose their support of this resolution. I leagues to support this resolution in an history in Iraq goes back thousands of would also like to thank Chairman effort to make certain that all reli- years. This includes Chaldeans, BERMAN and Ranking Member ROS- gions survive and have a chance to Syriacs, Assyrians, and other Chris- LEHTINEN for their support and for prosper in the new Iraq. tians, as well as Sabian Mandeans and their staffs’ work in helping me bring Madam Speaker, I reserve the bal- Yazidis. this resolution forward today. ance of my time. Since 2003, approximately 21⁄2 million It is no longer possible to stand by Ms. ROS-LEHTINEN. Madam Speak- refugees and asylum seekers have fled and watch as millions of religious mi- er, I yield myself such time as I may Iraq, and millions more have become norities are subject to torture, abuse, consume. displaced, forced to flee their homes and discrimination, which is why I ask I also rise in support of House Reso- and neighborhoods because of sectarian my colleagues to support this impor- lution 944, and I want to thank the gen- violence. In fact, there were approxi- tant resolution.

VerDate Mar 15 2010 04:07 May 18, 2010 Jkt 089060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H23FE0.REC H23FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H678 CONGRESSIONAL RECORD — HOUSE February 23, 2010 Ms. ROS-LEHTINEN. Madam Speak- has been no ambassador appointed for killings in the wake of the upcoming er, I am very pleased to yield 4 minutes over 13 months kind of tells the story. elections in March. These attacks are to the gentleman from Virginia (Mr. Personnel, personnel is policy, and if being used as a means of intimidation WOLF), the co-Chair of the Tom Lantos there’s no personnel, it’s not a good to discourage Iraqi Christians from Congressional Human Rights Commis- policy. voting in the upcoming elections. sion and the coauthor of this impor- Let me just end. I want to thank the There have also been threats of vio- tant measure. gentlemen on both sides and the gen- lence using military means to prevent (Mr. WOLF asked and was given per- tlewoman for speaking. And I hope the elections from happening at all. mission to revise and extend his re- there’s a rollcall vote on this. I hope I first spoke out about the violence marks.) we have to vote up and down so we can against Christians in Iraq that last Mr. WOLF. I thank the gentlewoman send a message to the Assyrian Chris- year when one of my constituents and for yielding the time. tians and those who are going through a native of Iraq, Susan Dakak, brought I want to support the comments that tremendous persecution wondering to my attention the escalation of vio- have been made by Members of both whether anybody in the West cares. lence against this particular religious sides and let Members think about it Mr. MCMAHON. Madam Speaker, I group. I also met recently, a few weeks for a moment. With the exception of have no further requests for time, and ago, with a member of the Iraqi Par- Israel, the Bible, the Bible contains I yield back the balance of my time. liament, Yonadom Kanna, recently to more references to the cities, the re- Ms. ROS-LEHTINEN. Madam Speak- discuss the ongoing persecution of gions, and the nations of ancient Iraq er, I do have an additional speaker in Iraqi Christians. than any other country. The patriarch case the gentleman would like to re- The horrendous human rights viola- Abraham came from the city of Ur. I serve his time. tions and acts against religious minori- actually visited the site, when the war Mr. MCMAHON. Madam Speaker, I ties must end. The United States began, of the location of Abraham’s ask unanimous consent to reclaim the should do as much as possible to help house. Isaac’s bride, Rebekah, came balance of my time. stop the discrimination against and from northwest Iraq. Jacob spent 20 The SPEAKER pro tempore. Is there persecution of the Christian commu- years in Iraq, and his sons, the 12 tribes objection to the request of the gen- nity in Iraq, and this resolution will be of Israel, were born in northwest Iraq. tleman from New York? a meaningful step in that direction. A remarkable spiritual revival as told There was no objection. I urge my colleagues to support this in the Book of Jonah occurred in Ms. ROS-LEHTINEN. Madam Speak- resolution. Nineveh. The events of the Book of Es- er, I now would like to yield 4 minutes Ms. JACKSON LEE of Texas. Madam ther took place in Iraq, as did the ac- to the gentleman from Tennessee (Mr. Speaker, I rise today in support of H. Res. count of Daniel in the lion’s den. DUNCAN), a member of the Natural Re- 944—‘‘Expressing the sense of the House of So all of these religious things have sources, Oversight, and Transportation Representatives on religious minorities in taken place, and yet people have al- Committees, for his insight and the in- Iraq.’’ As a cosponsor of this resolution, I join most forgotten about Iraq. And the sight of his constituent who’s very con- my colleagues in expressing my concern previous speaker in his comments has cerned about religious minorities in about the plight of vulnerable religious and said the Christian community in these Iraq. ethnic minorities of Iraq, and we are particu- areas has been going through tremen- Mr. DUNCAN. I thank the gentle- larly concerned for the Chaldeans, Syriacs, dous pressure. woman from Florida for yielding me Assyrians, and other Christians, Sabean I have appreciated Ambassador Chris this time. Mandeans, Yazidis, Baha’is, Jews, and Mus- Hill’s commitment to this issue. In re- I also want to thank all of the pre- lim ethnic minorities, the Shabak and cent correspondence, he indicated that vious speakers: the gentleman from Turkomen, and other religious and ethnic mi- the security of the Christian commu- Michigan, the original author of the norities of Iraq. nity remains one of his paramount con- resolution; the gentleman from New Political and religious freedom in Iraq is a cerns, especially in light of attacks di- York; and especially the gentleman vital concern with regards to the nation and re- rected at Christian churches in Bagh- from Virginia, Congressman WOLF, who gion. When we envision the long-term peace dad and Mosul over the past 5 months. has been such a leader on these issues and security of Iraq, we envision a country But there needs to be leadership from for many years now. with a strong, functioning democracy that re- the highest levels within the State De- I rise in strong support of H. Res. 944, spects the rights of all citizens. That vision is partment as well. We’ve long advocated expressing the sense of the House of not a product of the imperialism of Western both during the previous administra- Representatives on religious minorities ideas; the tradition of religious plurality has tion and the current one that the U.S. in Iraq. roots in the history and religious beliefs of the needs to adopt a comprehensive policy While this bill calls attention to var- Iraqi people. But, although Iraq has a strong to address the unique situation of these ious religious minorities in Iraq that history of multiculturalism, it must not rest on defenseless minorities. This resolution, are victims of acts of violence and reli- this reputation. The rights of minorities in Iraq and I thank both sides for bringing it gious persecution, one group that is ex- are not fully protected, and the Iraqi govern- up, urges the Secretary of State to de- tremely vulnerable, especially vulner- ment can and must do more to protect the velop such a strategy. able, is the Iraqi Christians. In the rights of its minorities. In closing, let me just say it is time most recent series of attacks in Iraq’s The degree to which Iraq protects those for this administration to start taking northern city of Mosul, five Iraqi rights is a reflection on our country. Because religious freedom seriously. The posi- Christians were attacked and killed of the United States’ unfortunate detour from tion of U.S. Ambassador for Inter- just last week in various acts of vio- our struggle against terrorism into Iraq, the ac- national Religious Freedom has been lence. According to a February 17, 2010, tions of the new government of Iraq directly vacant, has been vacant for over a article from Reuters, ‘‘Bombings and reflect upon us. So far, I believe that the ac- year. Did anyone hear? There is no am- shootings are recorded almost daily in tions of the government of Iraq with respect to bassador for religious freedom that has the violent northern city of Mosul, political and religious freedoms are problem- been appointed by this administration. where the situation has been described atic. The position has been vacant, vacant by one Christian priest as ‘miserable.’ In no case is the Iraqi government’s treat- for 1 year. Yet we see the persecution Iraqi Christians are forced to hide in ment of minorities more troubling than their of the Coptic Christians in Egypt, the their homes in fear of being the next treatment of the residents of Camp Ashraf. Al- Assyrian Christians in Iraq, the Catho- victim of what is being called a ‘sys- though Camp Ashraf is halfway around the lic Church in China, the Catholic tematic campaign of violence against world, the conditions there affect Americans, Church in Vietnam, on and on. So we minorities.’ And Sunni Islamist insur- including in my own district and throughout the want to see this administration have gent groups have labeled Christians state of Texas where some of my constituents an ambassador who can advocate, as and other Iraqi minorities as devil wor- have family members in Camp Ashraf. For ex- the resolution calls for, to help Chris shipers and infidels.’’ ample, my constituent, Mitra Sohrabi, has a Hill and helps others to speak out and There is growing concern, Madam brother who is currently detained in Camp advocate. But the very fact that there Speaker, of even more violence and Ashraf, and worries about his health on a daily

VerDate Mar 15 2010 04:07 May 18, 2010 Jkt 089060 PO 00000 Frm 00028 Fmt 4634 Sfmt 9920 E:\RECORD10\RECFILES\H23FE0.REC H23FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 23, 2010 CONGRESSIONAL RECORD — HOUSE H679 basis. I also know many people in Houston ment crises in the world. The country’s reli- the gentleman from New York (Mr. and throughout the state of Texas who were gious minorities face a particularly desperate MCMAHON) that the House suspend the affected directly by the July 2009 raid on situation. Iraqi ethno-religious minorities, in- rules and agree to the resolution, H. Camp Ashraf. cluding Iraqi Jews as well as Assyrians, Res. 944, as amended. Late last year, three months after U.S. Chaldeans, and Syriac Christians, continue to The question was taken. forces turned over control of Camp Ashraf, face targeted killings, sexual assaults, abduc- The SPEAKER pro tempore. In the Iraqi Security Forces violated the human rights tions, and other forms of threats and violence. opinion of the Chair, two-thirds being of the People’s Mujahideen of Iran (PMOI). They comprise a disproportionately large per- in the affirmative, the ayes have it. Camp Ashraf detains over 3,400 exiled Iranian centage of the over 4 million Iraqis who have Mr. MCMAHON. Madam Speaker, I political dissidents, who are members of the been displaced by the ongoing violence and object to the vote on the ground that a PMOI, including over 1,000 women. The PMOI instability. quorum is not present and make the opposes the current Iranian regime, and for Those who flee Iraq often encounter a life of point of order that a quorum is not their political beliefs they have been exiled crippling poverty. Many have great difficulty present. from Iran and sequestered in Camp Ashraf. finding work in their new countries and often The SPEAKER pro tempore. Pursu- Several women detained at Camp Ashraf have cannot support their families. They may bear ant to clause 8 of rule XX and the reported acts of intimidation and threats of physical and emotional scars as a result of Chair’s prior announcement, further physical and sexual violence by members of years of trauma, tragedy, and abuse. Those proceedings on this motion will be the Iraqi security forces. who stay in Iraq, on the other hand, face a life postponed. On July 28, 2009, Iraqi Security Forces con- of constant fear, intimidation, and outright vio- The point of no quorum is considered ducted a raid on the detainees at Camp lence. withdrawn. Ashraf. The raid occurred fewer than three I have a longstanding concern for Iraq’s f months after the U.S. passed control of Camp ethno-religious minorities. In particular, I have Ashraf to the government of Iraq. The raid worked closely with Chicago’s vibrant Assyrian COMMENDING THE U.S. NAVY FOR began on Tuesday, July 28th when Iraqi ar- community on efforts to protect Iraqi religious ITS WORK IN HAITI mored vehicles began attacks against the Ira- minorities and provide opportunities for refu- Mr. MCMAHON. Madam Speaker, I nian prisoners. The attacks continued for two gees. In August of last year I wrote to Sec- move to suspend the rules and agree to full days and resulted in the death of 11 exiles retary Clinton, urging her to develop a com- the resolution (H. Res. 1048) com- and the injury of over 400 more. As a result prehensive plan for protecting these groups. mending the efforts and honoring the of the raid on Camp Ashraf, 36 men were ar- This critical issue is crying out for the attention work of the men and women of USNS rested under allegations of violent behavior. it deserves. Comfort and the United States Navy in The 36 arrested Camp Ashraf residents have That’s why this resolution is so important. the immediate response to those af- since been freed, but the United States has a The protection of ethno-religious minorities fected by the earthquake that struck continuing interest in ensuring that the events must be a component of our overall strategy Haiti on January 12, 2010, as amended. of July 28th never occur again. in Iraq, and the United States government The Clerk read the title of the resolu- Although most of the residents of Camp must do more in partnership with the Iraqi tion. Ashraf were not religious minorities, the Iraqi government and the rest of the international The text of the resolution is as fol- government’s treatment of the camp’s resi- community to ensure that all Iraqis, regardless lows: dents sets a dangerous example. In recent of religious affiliation, can live free of fear and H. RES. 1048 years, there have been alarming numbers of intimidation. Whereas, on January 12, 2010, a 7.0 mag- religiously motivated killings, abductions, beat- Ms. ESHOO. Madam Speaker, I rise today nitude earthquake struck the country of ings, rapes, threats, intimidation, forced con- in support of House Resolution 944. I com- Haiti; versions, marriages, and displacement from mend Representative PETERS for his valuable Whereas casualty estimates, upwards of homes and businesses, and attacks on reli- work with the Caucus on Religious Minorities 150,000, as well as damage to roads, ports, gious leaders, pilgrims, and holy sites, in Iraq, in the Middle East, which, together with my hospitals, and homes, make this earthquake with the smallest religious minorities in Iraq colleague Representative FRANK WOLF, I am one of the worst catastrophes to hit Haiti in having been among the most vulnerable, al- proud to co-chair. The second anniversary of over two centuries; though Iraqis from many religious commu- Whereas an estimated 3,000,000 people have the kidnapping and brutal murder of the been directly affected by the disaster in nities, Muslim and non-Muslim alike, have suf- Chaldean Archbishop of Mosul is a fitting time Haiti, nearly one-third of the country’s pop- fered in this violence. In summary, members to remember our responsibility to these vulner- ulation, who are currently at risk of long- of small religious minority communities in Iraq able groups both during and in the aftermath term displacement and vulnerability; do not have militia or tribal structures to de- of the war. Whereas Haiti is the poorest, least devel- fend them, do not receive adequate official As an Assyrian American, I am deeply dis- oped country in the Western Hemisphere; protection, and are legally, politically, and eco- turbed by the ongoing struggle Iraq’s minori- Whereas prior to the earthquake, Haiti was nomically marginalized. ties face each day. There have been dozens recovering from a terrible string of hurricanes and tropical storms, food shortages This resolution will remind the Iraqi govern- of church burnings, kidnappings, and random ment that minorities of any type—be it race, and rising commodity prices, and political acts of violence against Assyrians, Chaldeans, instability, but was showing signs of im- religion, political affiliation, or difference of Syriacs, and numerous other minority groups provement and resolve; thought—are integral components of a robust and this Resolution calls on the Iraqi govern- Whereas President Obama vowed the ‘‘un- civil society and a true democracy. I have faith ment to take meaningful action to address wavering support’’ of the United States and that Iraq can and will achieve such a democ- their plight. pledged a ‘‘swift, coordinated and aggressive racy, but we must remember that building de- Last year, we took an important step by ap- effort to save lives and support the recovery mocracy requires more than a constitution—it propriating $10 million to assist Iraq’s minori- in Haiti’’; requires a commitment to democratic prin- ties in the Nineveh Plains region. I’m pleased Whereas the people of Haiti have shown re- ciples. markable resilience and courage in the face that today’s Resolution calls on the Iraqi gov- of epic tragedy; Ms. SCHAKOWSKY. Madam Speaker. I rise ernment to protect the people in that area. Whereas the United States Navy responded tonight in support of H. Res. 44, a resolution Madam Speaker, for the sake of a free and within hours of the earthquake to swiftly expressing concern about the situation facing pluralistic Iraq, I urge a ‘‘yes’’ vote on today’s provide the Haitians with aid; religious minorities in Iraq. I’d like to thank my Resolution. Whereas the USNS Comfort and its crew of colleague, Congressman PETERS, for intro- more than 1,200 has provided 24-hour care for 1500 ducing this resolution, and for being a per- b over 900 Haitians, ranging from newborns to sistent champion on this important issue. Ms. ROS-LEHTINEN. I have no fur- critically ill patients; I am proud to cosponsor this resolution, ther requests for time, and I yield back Whereas the USNS Comfort’s over 550-per- which encourages the United States govern- the balance of my time. son medical staff includes trauma surgeons, orthopedic surgeons, head and neck sur- Mr. MCMAHON. Madam Speaker, I ment, the Iraqi government, and the inter- geons, eye surgeons, and obstetricians and national community to take positive steps to have no further requests for time, and gynecologists; protect Iraqi religious minorities. I yield back the remainder of my time. Whereas the medical staff of the USNS Nearly seven years after the U.S.-led inva- The SPEAKER pro tempore. The Comfort, as of February 18, 2010, had per- sion, Iraq faces one of the largest displace- question is on the motion offered by formed over 755 surgeries;

VerDate Mar 15 2010 04:07 May 18, 2010 Jkt 089060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H23FE0.REC H23FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H680 CONGRESSIONAL RECORD — HOUSE February 23, 2010 Whereas the extraordinary USNS Comfort being measured in the hundreds of HOUSE OF REPRESENTATIVES, medical staff has saved countless lives; thousands, there is a deep need for im- COMMITTEE ON FOREIGN AFFAIRS, Whereas the people of the United States mediate material aid and medical sup- Washington, DC, February 23, 2010. empathize with the medical staff of the port for survivors. Within hours of the Hon. IKE SKELTON, USNS Comfort who must make agonizing de- Chairman, Committee on Armed Services, Ray- cisions about the use of scarce resources for quake, the United States Navy was on burn House Office Bldg., Washington, DC. critically ill patients; the scene in Port-au-Prince to swiftly DEAR MR. CHAIRMAN: Thank you for your Whereas prior to the arrival of the USNS administer aid to the Haitian people. letter regarding House Resolution 1048, Comfort, the USS Carl Vinson dutifully pro- The USNS Comfort and its 1,200 crew ‘‘Commending the efforts and honoring the vided initial triage of patients; and members have since offered around- work of the men and women of USNS Com- fort and the United States Navy in the im- Whereas the USNS Comfort and the USS the-clock medical services for up to 900 Carl Vinson have been aided in their efforts mediate response to those affected by the by other Navy vessels, including the crews of Haitians facing a wide range of health earthquake that struck Haiti on January 12, the USS Higgins, the USS Underwood, the issues and maladies, many of them 2010.’’ This measure was referred to the Com- USS Normandy, the USS Bunker Hill, the critical. They have saved the lives of 98 mittee on Foreign Affairs, in addition to the USS Bataan, the USS Carter Hall, the USS percent of the ship’s patients, a testa- Committee on Armed Services, for a period Gunston Hall, the USS Fort McHenry, the ment to the USNS Comfort’s dedication to be subsequently determined by the Speak- USNS Grasp, the Navy Underwater Construc- and laudable medical capabilities. er, in each case for consideration of such pro- tion Team One, and the Navy Mobile Diving visions as fall within the jurisdiction of the Salvage Unit Two: Now, therefore, be it The 550 medical personnel aboard the committee concerned. Resolved, That the House of Representa- Comfort represent a wide array of spe- I agree that the Committee on Armed tives— cialties, including trauma surgeons, Services has certain valid jurisdictional (1) expresses its deepest condolences and and have been working around the claims to this resolution, and I appreciate sympathy for the horrific loss of life and the clock, since even before the Comfort your decision to waive further consideration physical and psychological damage caused reached Haiti, as patients began arriv- of H. Res. 1048 in the interest of expediting consideration of this important measure. I by the earthquake of January 12, 2010; ing by helicopter while they were en (2) expresses solidarity with Haitians, Hai- understand that by agreeing to waive further tian-Americans, and all those who have lost route. This vessel’s brave crew has consideration, the Committee on Armed loved ones or have otherwise been affected brought with it rays of hope, and is a Services is not waiving its jurisdictional by the tragedy; symbol of the United States’ and inter- claims over similar measures in the future. (3) commends the efforts of the people of national outpouring of aid and sym- During consideration of this measure on the United States, including the Haitian- pathy. the House floor, I will ask that this exchange of letters be included in the Congressional American community, to provide relief to In the wake of this terrible catas- families, friends, and unknown peoples suf- Record. fering in the country; and trophe, the Haitian people have once Sincerely, (4) commends the efforts and honors the again called upon their reserves of HOWARD L. BERMAN, work of the men and women of USNS Com- courage and resilience, and the United Chairman. fort and the United States Navy in the im- States is proud to stand as a leader Madam Speaker, I reserve the bal- mediate response to those affected by this with them in their hour of need. ance of my time. calamity. I believe it is fair to say that the Ms. ROS-LEHTINEN. Madam Speak- The SPEAKER pro tempore. Pursu- USNS Comfort is aptly named. It has er, I yield myself such time as I may ant to the rule, the gentleman from provided comfort in terms of health consume. New York (Mr. MCMAHON) and the gen- and saving lives to the victims of this I rise today as a proud cosponsor of tlewoman from Florida (Ms. ROS- terrible calamity. I therefore, Madam the bill before us, House Resolution LEHTINEN) each will control 20 minutes. Speaker, urge my colleagues to strong- 1048, commending the efforts and hon- The Chair recognizes the gentleman ly support this resolution. oring the work of the men and women from New York. of the USNS Comfort and the United HOUSE OF REPRESENTATIVES, GENERAL LEAVE HOUSE COMMITTEE ON ARMED SERVICES, States Navy in the immediate response Mr. MCMAHON. Madam Speaker, I Washington, DC, February 22, 2010. to those affected by the earthquake ask unanimous consent that all Mem- Hon. HOWARD L. BERMAN, that struck Haiti on January 12, 2010. bers may have 5 legislative days to re- Chairman, House Committee on Foreign Affairs, The tremendous impact of this nat- vise and extend their remarks and in- Rayburn House Office Building, Wash- ural disaster appeared almost insur- clude extraneous material on the reso- ington, DC. mountable at one point. Six weeks lution under consideration. DEAR MR. CHAIRMAN: On January 27, 2010, later, however, we have seen remark- The SPEAKER pro tempore. Is there the House Resolution 1048, ‘‘Commending the able achievements and great promise objection to the request of the gen- efforts and honoring the work of the men for the future. The swift and com- and women of USNS Comfort and the United prehensive response of the United tleman from New York? States Navy in the immediate response to There was no objection. those affected by the earthquake that struck States has helped to save countless Mr. MCMAHON. Madam Speaker, I Haiti on January 12, 2010’’ was introduced in lives. In particular, the men and rise in strong support of this resolu- the House. This measure was referred to the women of the U.S. Navy, particularly tion, and yield myself as much time as Committee on Foreign Affairs, and in addi- those serving on the hospital ship Com- I may consume. tion to the Committee on Armed Services, fort, have provided vital medical and Madam Speaker, this resolution rec- for a period to be subsequently determined relief services. ognizes the tireless, selfless, and heroic by the Speaker, in each case for consider- Before it had even reached the shores efforts of the men and women of the ation of such provisions as fall within the ju- of Haiti, the Comfort was receiving pa- risdiction of the committee concerned. USNS Comfort and the entire United tients flown in from the USS Carl Vin- States Navy in responding to the tragic Our Committee recognizes the importance son. They had nearly 100 new admis- of H. Res. 1048, and the need for the legisla- earthquake that rocked Haiti, the tion to move expeditiously. Therefore, while sions on their first day on station. poorest nation in the Western Hemi- we have a valid claim to jurisdiction over Within 2 weeks of arriving, the Comfort sphere, on January 12, 2010. this legislation, the Committee on Armed had performed over 500 surgeries and While many have known about Hai- Services will waive further consideration of provided 24-hour care for countless oth- ti’s long and trying history in the face H. Res. 1048. I do so with the understanding ers. And as of late last week, nearly 800 of natural disaster, food shortage, vola- that by waiving further consideration of the surgeries had been performed. I join my tile prices, and an unstable political resolution, the Committee does not waive colleagues in commending this tremen- system, this latest trial, a 7.0 mag- any future jurisdictional claims over similar dous performance and recognizing the measures. nitude earthquake has brought with it admirable service of the men and a sea of new challenges, directly affect- I would appreciate the inclusion of this let- women of the U.S. Navy Ship Comfort, ing 3 million people, nearly one-third ter and a copy of your response in the Con- gressional Record during consideration of and the many other Navy vessels and of the country’s population. the measure on the House floor. crews who have contributed to the re- Amid the catastrophic destruction of Very truly yours, lief efforts in Haiti. homes, roads, schools, hospitals, and IKE SKELTON, In addition, I would like to recognize infrastructure, and casualty estimates Chairman. the ongoing selfless acts of the people

VerDate Mar 15 2010 04:07 May 18, 2010 Jkt 089060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H23FE0.REC H23FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 23, 2010 CONGRESSIONAL RECORD — HOUSE H681 of the United States, including the Hai- erty. It has less than 50 hospitals, some February 2. He said, ‘‘I am very happy. tian American community, to provide of which are only staffed by a pair of It has been seven days since I sent my relief to the people of Haiti. I have seen nurses and medical interns. The coun- daughter to another hospital.’’ group after group from my own district try has fewer than three physicians for The Comfort’s crew knows that some- in South Florida and across the coun- every 10,000 people. By comparison, our day its mission will end, the ship will try mobilize to provide medical assist- country has nearly 100 doctors for return to Baltimore Harbor, and the ance, humanitarian services, all kinds every 10,000 people. best medical care in the Caribbean Sea of goods to the Haitian people. I am The absence of a medical infrastruc- will depart with it. That is why the confident, Madam Speaker, that with ture made treating Haitians even more Comfort is making arrangements with a this type of ongoing support, Haiti will challenging, where doctors in the pedi- stateside hospital for continuing care see a brighter future. atric ward estimated that a fifth of the to treat seriously burned patients who Again, I would like to commend and children in their care had untreated, require months of medical attention. honor the work of the men and women and in many cases previously The Comfort has cared for over 2,000 of the United States Navy, and particu- undiagnosed, medical conditions. Haitians, and much work remains to be larly those on the Navy Ship Comfort The USNS Comfort docked near Port- done. I know that the crew and its able for the immediate response that they au-Prince on January 20 with 250 med- commander, Captain Jim Ware, are up gave to the earthquake victims in ical beds, but the crew quickly realized to the task. I commend them for their Haiti. And I thank Congressman MUR- it would serve as the primary place of diligence, and call for us to honor their PHY for introducing this important treatment for a country with hundreds unbreakable spirit by passing this reso- measure. of thousands of injured people. The lution. Madam Speaker, if I may, I would Comfort transformed itself into a thou- I would also like to recognize the like to yield such time as he may con- sand-bed facility, with 880 ward beds, 80 crews of the Vinson (CVN–70); the USS sume to the gentleman from Pennsyl- intensive care units, 20 post-anesthesia Fort McHenry (LSD 43), a dock landing vania (Mr. TIM MURPHY), the author of care unit beds, 12 operating rooms. ship; the USS Bataan (LHD 5), a Wasp- this resolution, a member of the Com- On the second day of the Comfort’s class amphibious assault ship; the USS mittee on Energy and Commerce. mission, Lieutenant Commander Erika Carter Hall (LSD 50), another dock Mr. TIM MURPHY of Pennsylvania. Beard-Irvine and Lieutenant Com- landing ship; and several other ships, Thank you, Ranking Member ILEANA mander Shannon Lamb delivered a pre- the Higgins (DDG–76), the Underwood ROS-LEHTINEN, for this opportunity to mature baby, a 4-pound, 5-ounce baby (FFG–36), the Normandy (CG–60), the speak about this important issue of one girl named Esther, whose mother dur- Bunker Hill (CG–52), the Gunston Hall of America’s proud moments of how it ing the earthquake, after a building (LSD–44), the Grasp (T-ARS–51), and so helps when the world has need. collapsed upon her, had severe injuries. many other Navy personnel and Ma- On January 12 of this year, we were Her mother went without treatment, rines who worked around the clock pro- shocked and saddened by the dev- but surgeons couldn’t repair her frac- viding care to so many. astating earthquake in Haiti. More tures without threatening the baby’s You know, when one of us feels over- than 230,000 Haitians are dead, perhaps life, so on that day they delivered a come with doubt or confusion, let us even more we will find, hundreds of healthy baby. She was seven weeks think about those fatigued corpsmen thousands injured, a million left home- early, but right on time for a ship that and doctors and nurses aboard the Com- less. The world responded immediately had never before witnessed an onboard fort who carefully and skillfully bring with food, donations, and rescue work- delivery in its 22 years of service. their patients back, sometimes from ers, but among the first to respond The Comfort already had infants the brink of death, hours after hours of were our military, particularly the aboard, brought to the ship by mothers work with very little sleep, pushing crew of the USNS Comfort. This 894- unable to find post-natal care in Haiti. themselves to the limits. Let’s remem- foot-long floating Naval hospital set One of the ship’s youngest male pa- ber those sailors and Marines and Air sail from Baltimore Harbor soon after tients is Vinson, named for the aircraft Force personnel and Army soldiers who the earthquake. carrier USS Carl Vinson, where his went to Haiti, establishing the logis- Members of the ship’s crew, most of mother gave birth to him. tics, rescuing patients, taking them whom hailed from the Navy’s hospitals At the end of its second day, the Com- out of broken buildings. in Maryland and Virginia, were soon on fort had seen 184 patients, a third of And one final story for us to remem- board and underway. By the 17th of whom saw surgery. Said Lieutenant ber. Rico Duprevil spent 13 days buried January, the Comfort was making full Commander Don D’Aurora, director of alive in the rubble of a collapsed house. speed towards Port-au-Prince. Before the ship’s receiving ward and division His legs were crushed, his pelvis dis- its arrival, the USS Carl Vinson air- officer of the emergency department at located. He could not move. craft carrier provided immediate relief the National Naval Medical Center in to injured Haitians. Today, the 1,200- Bethesda to the Baltimore Sun, quote, b 1515 person Comfort crew, made up of over ‘‘I saw more patients in six hours today He said, ‘‘There was darkness all 550 civilian and uniformed doctors, than I would normally see in 24 hours around, all of the time. I could not nurses, and others, is providing the back home. This is what we train for. move inside. I could hear distant best possible care under very chal- This is what it is about for all of us.’’ voices, but they could not hear mine.’’ lenging circumstances. Even with the crew sleeping in shifts, With only a few sips of water avail- With limited supplies but limitless helicopters dropping supplies from able, he stayed alive. Almost 2 weeks compassion and skill, surgeons and dawn until dusk, and the crew running later he was discovered. He said, ‘‘I was nurses and a host of other specialties, around-the-clock operations at every- never scared because God was on my obstetricians, pharmacists, pediatri- thing from the barber shop to the mess side. I survived by thinking of Him and cians, and Navy personnel from the hall, wave after wave of critically in- praying. I thought about my family.’’ medical corps, the medical service jured patients pushed the limits of the He was taken to a local hospital for corps, nursing corps and so many oth- Comfort’s capabilities. Some were sto- basic triage. A day later he arrived at ers were there to treat Haitians who ries about senses of helplessness, phys- Port-au-Prince for evaluation and pos- came on board with wounds, fractures, ical pain, or feelings of despair and the sible transfer to the Comfort. Due to and infections. The crew’s superb per- loss of loved ones, but some provide in- the quick collection of information by formance is a testament to our Navy spiration. Captain Richard Sharpe, an on-site and our Marines who are confronting Due to the work of a Port-au-Prince medical commander, he was trans- these very, very difficult challenges. native, fireman Jean Rabel, a Navy ferred within just an hour to the proper Even before the devastating earth- translator aboard the Comfort, and Joe ward care above the Comfort. quake of January 12 that took so many Fiscus of Rochester, Pennsylvania, All of us are proud of the great work lives, Haiti was a country enduring near Pittsburgh, Haitian national An- that so many do in their armed serv- many difficult problems. Nearly four- tonio Jeanite was reunited with his 3- ices. We oftentimes talk about them, fifths of its people live in absolute pov- month-old daughter, Christ-Yarah, on but this is a great moment of pride for

VerDate Mar 15 2010 04:07 May 18, 2010 Jkt 089060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H23FE0.REC H23FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H682 CONGRESSIONAL RECORD — HOUSE February 23, 2010 our Nation. In particular, I’d like to sa- One month later, these military per- math of a natural disaster. As Haiti’s neighbor, lute my colleagues in the Navy where I sonnel still remain in Haiti, away from I believe it is the United States’ responsibility serve, also at the Bethesda National their families, treating hundreds of pa- to help Haiti recover, and build the capacity to Naval Medical Center, but thank the tients each day. Because the ship is mitigate against future disasters. Navy, the Marines, the Army, the Air now over capacity, the workers are To date the United States Government has Force, the Coast Guard and all the ci- sleeping in shifts. And I know that contributed over $402 million in earthquake re- vilians who reached out and showed the most of them wouldn’t want to be any- sponse funding for Haiti. It has also deployed compassion that is one of America’s where else. approximately 17,000 military personnel in bright moments, and show the world Amid the horror, the USNS Comfort, support of the relief effort. Subsequently, as what America is all about. When the a mile out into the bay, is a beacon of part of the new Government of Haiti-led effort, world needs us, when tragedy strikes, hope for those still injured and un- the U.N. World Food Program will provide Americans gather together and support treated. commodities, non-governmental organizations them. And today, we salute those My heart goes out to the people of will manage distributions, and the U.S. military Americans who have helped so many of Haiti and their relatives throughout will provide security escorts. those in need in Haiti. the United States. We are proud of the American and her allies have already initi- Mr. MCMAHON. Madam Speaker, at men and women aboard Baltimore’s ated a comprehensive, interagency response this time I yield as much time as he own Comfort who are saving lives with to the earthquake. The State Department, De- shall consume to the gentleman from the vigor and skill, again, perhaps only partment of Defense, Department of Home- Maryland (Mr. RUPPERSBERGER). capable of the United States military. land Security, Coast Guard, USAID—all Mr. RUPPERSBERGER. Madam I would also like to take this oppor- worked overnight to ensure critical resources Speaker, first, when it is not on one of tunity to recognize the teams for the were positioned to support the response and its lifesaving missions, the USNS Com- world-renowned University of Mary- recovery effort, including efforts to find and as- fort’s home is in the Port of Baltimore. land Shock Trauma who have also sist American citizens in Haiti. The virtual floating hospital has pro- traveled to Haiti. My life was saved at Within days of last week’s devastating vided humanitarian aid to hundreds of Maryland Shock Trauma many years earthquake, U.S. Southern Command de- thousands of patients all over the ago, and now the people of Haiti are ployed a team of 30 people to Haiti to support world. benefiting from the skills and expertise U.S. relief efforts in the aftermath of one of the The Comfort was deployed after Hur- of the world’s top medical profes- largest natural disasters in the western hemi- ricane Katrina in the Gulf Coast, and sionals. sphere. The team included U.S. military engi- has supported Operation Iraqi Free- The teams at Shock Trauma set up neers, operational planners, and a command dom, and was activated on September operating rooms on open ground, under and control group and communication special- 11, 2001, to provide meals, housing, tents, and are committed to remaining ists arriving on two C–130 Hercules aircraft. medical, and psychological services to there until they can deliver health care Since, there has been a tremendous inter- volunteer and relief workers at Ground on an ongoing basis. agency response with support and partnering Zero. I’ve heard stories from the team, and with U.S. Embassy personnel as well as Hai- It was once again called into service I know the conditions take an emo- tian, United Nations and international officials after the devastating earthquake in tional toll, but their determination in to assess the situation and facilitate follow-on Haiti in January that, at the most re- the face of what may be, or what could U.S. military support. cent count, has claimed 150,000 lives. be, considered a hopeless situation is a Within hours of the earthquake, the United As the representative of the Port of testimony to the American spirit. States mobilized a multi-agency response that Baltimore, I have always been espe- I wish to express my sincere grati- included our armed forces and civil service. cially proud of the Comfort and its crit- tude for the commitment of both the With their hospitals reduced to rubble, Port-au- ical missions. I felt especially privi- men and women of the USNS Comfort Prince was unable to treat the hundreds of leged to have the chance to board the and Maryland Shock Trauma, and wish thousands of injured people seeking help. In Comfort to send off the men and women them luck at their missions. response, the U.S. efforts included the hos- the night before they departed for And I also would like to say, this is pital ship USNS Comfort as well as naval heli- Haiti. the United States putting out to people copter ships such as the USS Carl Vinson. Ar- It was a humbling experience to in need throughout the world. We are riving on station less than 72 hours after the climb the steps aboard the Comfort and all Americans. We have debates here on quake, Carl Vinson immediately rendered as- witness doctors and nurses training for the floor, health care, all issues involv- sistance. Over two weeks, Vinson and its em- what would help them on the shores of ing jobs, but we still have to remember barked 19 helicopters flew more than 2,200 Haiti. I saw seamen practicing security we’re all Americans, and we all can say sorties, delivering more than 166 tons of food, drills, volunteers distributing blankets that we should be very proud of what 89,000 gallons of water and 38,700 pounds of and pillows, and sterilizing medical the United States military is doing medical supplies to earthquake victims. Addi- equipment, and toured the operating with the USNS Comfort and the United tionally, Vinson’s helicopters conducted 476 rooms where so many lives would be States Navy and all the men working medical evacuations, MEDEVACs, and the saved by the military personnel of our in that regard. ship’s doctors and corpsmen treated 60 pa- U.S. Navy. Ms. JACKSON LEE of Texas. Madam tients in its medical ward. Huge cranes were loading truckloads Speaker, I rise in support of H. Res. 1048. The USNS Comfort, a floating hospital, of medical supplies onto its deck. In This resolution commends the efforts and hon- brought to Haiti a 550-person medical staff what should have been chaos, I saw the ors the work of the men and women of USNS that included trauma surgeons, orthopedic sur- focus and precision perhaps capable Comfort and the United States Navy in the im- geons, head and neck surgeons, eye sur- only by our United States military. mediate response to those affected by the geons, and obstetricians and gynecologists. Once in Haiti, these men and women earthquake that struck Haiti on January 12, The USNS Comfort and its crew of 1,200 have faced choices unimaginable to those of 2010. provided 24-hour care for nearly 500 Haitians, us back here watching it all on TV. On As you know, on Tuesday, January 12, a ranging from newborns to critically ill patients. their first day they felt tremendous massive, 7.0 magnitude earthquake struck As of January 24, 2010, the medical staff of frustration when the helicopter that Haiti near the capital of Port-au-Prince. There the USNS Comfort had performed over 100 would carry patients aboard had no is still no official estimate of death or destruc- surgeries. place to land on shore. tion but the damage to buildings is extensive The skill and perseverance displayed by They have delivered babies, treated and the number of injured or dead is esti- these men and women are extraordinary. The patients who are paralyzed, missing mated to be in the hundreds of thousands. USNS Comfort medical staff has saved the limbs, and suffering from infections America is responding, and will continue to lives of 98 percent of the ship’s patient popu- made worse by neglect. They have per- respond with immediate humanitarian assist- lation as of January 25, 2010. formed more than 600 surgeries in Haiti ance to help the people of this struggling is- Madam Speaker, over a month has passed so far. land nation rebuild their livelihoods. I send my since the earthquake, the search and rescue When the Comfort left, the Navy said condolences to the people and government of missions have ended, and Haiti has they would be here as long as it took. Haiti as they grieve once again in the after- transitioned to long-term reconstruction and

VerDate Mar 15 2010 04:07 May 18, 2010 Jkt 089060 PO 00000 Frm 00032 Fmt 4634 Sfmt 9920 E:\RECORD10\RECFILES\H23FE0.REC H23FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 23, 2010 CONGRESSIONAL RECORD — HOUSE H683 development. Because our Navy cannot re- savers on the USNS Comfort and in the nicated to the House by Ms. Wanda main off of Haiti’s coast forever, we must work United States Navy who have provided critical Evans, one of his secretaries. with the Haitian government to rebuild the ca- immediate assistance to those suffering as a f pacity of Haiti’s medical system. Although this result of the earthquake. BILLY’S LAW mission will take time, I am confident that Haiti Mr. AL GREEN of Texas. Madam Speaker, will build their health care system back to be I strongly support H. Res. 1048, a resolution Mr. SCOTT of Virginia. Madam more comprehensive and robust than before commending the efforts and honoring the work Speaker, I move to suspend the rules the earthquake. This will be an especially crit- of the men and women of USNS Comfort and and pass the bill (H.R. 3695) to author- ical part of the Haitian government because the United States Navy in response to those ize funding for, and increase accessi- the thousands injured by the earthquake will affected by the earthquake that struck Haiti on bility to, the National Missing and Un- need long-term medical care. January 12, 2010. I would also like to thank identified Persons System, to facilitate Recently, I proposed a plan that would in- Representative TIM MURPHY for introducing data sharing between such system and crease the ability of the U.S. to assist Haiti in this piece of legislation. the National Crime Information Center its efforts toward reconstruction and stabiliza- Before the earthquake hit Haiti, the country database of the Federal Bureau of In- tion to Dr. Rajiv Shah, the Administrator of the was already in recovery from a string of hurri- vestigation, to provide incentive grants U.S. Agency for International Development. canes and tropical storms, food shortages and to help facilitate reporting to such sys- This plan would create an oversight position rising commodity prices, and political insta- tems, and for other purposes, as within the USAID that would coordinate and bility. These problems were compounded amended. regulate faith-based and non-profit organiza- when a 7.0 magnitude earthquake hit the The Clerk read the title of the bill. tions operating in the reconstruction efforts in country of Haiti, erasing any recovery efforts The text of the bill is as follows: Haiti. I also recommended the creation of a done prior to this catastrophe. H.R. 3695 U.S. civilian corps, an extension of the Amer- Estimated casualties were reported to be Be it enacted by the Senate and House of Rep- ican Peace Corps, that would be tasked the over 150,000 and Haiti withstood millions in resentatives of the United States of America in specific mission of assisting reconstruction ef- damages to the country’s infrastructure. It has Congress assembled, forts in Haiti. This civilian entity would serve been reported that 3,000,000 of Haiti’s popu- SECTION 1. SHORT TITLE. as a supplemental contingent which could be lation were directly affected by the disaster, This Act may be cited as the ‘‘Help Find the Missing Act’’ or ‘‘Billy’s Law’’. incrementally dispatched as needed by U.S. and as a result, one third of the existing popu- SEC. 2. AUTHORIZATION OF THE NATIONAL MISS- Government agencies or nongovernment orga- lation is displaced. ING AND UNIDENTIFIED PERSONS nizations. Immediately following this tragedy, President SYSTEM. Once again I stand in solidarity with the Barack Obama vowed the ‘‘unwavering sup- (a) IN GENERAL.—The Attorney General, people of Haiti and will do everything in my port’’ of the United States and pledged a through the Director of the National Institute of power to assist them with rebuilding their ‘‘swift, coordinated and aggressive effort to Justice, is authorized to maintain public data- country and livelihoods. I am proud of our first save lives and support the recovery in Haiti.’’ bases, known as the ‘‘National Missing and Un- identified Persons System’’ or ‘‘NamUs’’, to con- responders, and pledge that America’s long- Days after the earthquake, the United States tain missing persons records and unidentified term commitment to Haiti will live up to the Navy responded to President Obama’s re- remains cases for purposes of assisting to iden- standard that the first responders set. quest and delivered aid. The crew of the tify missing people and solve cases of unidenti- Mr. JOHNSON of Georgia. Madam Speaker, USNS Comfort provided 24-hour service to fied human remains. All functions, personnel, I rise in support of House Resolution 1048, hundreds of critically ill men, women and chil- assets, liabilities, and administrative actions ap- which would commend the efforts and honor dren patients. Our Navy medical personnel on plicable to the National Missing and Unidenti- the work of the men and women of the USNS USNS Comfort saved the lives of 98 percent fied Persons System carried out by the National Comfort and the United States Navy who as- of the ship’s patient population, which holds a Institute of Justice on the date before the date sisted those affected by the earthquake that of the enactment of this Act shall be transferred capacity of 1,000 patients, and successfully to the National Missing and Unidentified Per- struck Haiti on January 12, 2010. performed 100 surgeries as of January 24, sons System authorized under this section as of Madam Speaker, in the immediate aftermath 2010. the date of the enactment of this Act. of the earthquake that wrought devastation Due to the limited resources for critically ill (b) AUTHORIZATION OF APPROPRIATIONS.— upon our friends and neighbors in impover- patients, the USNS Comfort medical staff There is authorized to be appropriated to carry ished Haiti, President Obama pledged the ‘‘un- often find themselves making grave decisions out this section $2,400,000 for each of the fiscal wavering support’’ of the United States and a in terms of the use of their existing resources. years 2011 through 2016. ‘‘swift, coordinated and aggressive effort to President Obama’s pledged support of $100 SEC. 3. SHARING OF INFORMATION BETWEEN save lives and support the recovery.’’ NCIC AND NAMUS. million in humanitarian aid will go a long way (a) SHARING OF INFORMATION.—Not later than Today we recognize some of those who toward supporting their efforts. the end of the 30-day period beginning on the have worked tirelessly to fulfill that pledge. I commit my full support to H. Res 1048 and date the online data entry format is updated The USNS Comfort, a Mercy-class hospital urge my colleagues to vote in favor of this under subsection (c), the Attorney General ship, has previously been deployed to support piece of legislation. shall, in accordance with this section, provide Operations Desert Shield and Desert Storm, Ms. ROS-LEHTINEN. Madam Speak- for information on missing persons and uniden- Operation Sea Signal, Operation Uphold De- er, we have no further requests for tified human remains contained in the NCIC mocracy, Operation Noble Eagle, Operation time. I yield back the balance of our database (as defined in section 7) to be trans- Iraqi Freedom, Joint Task Force Katrina, Op- mitted to, entered in, and otherwise shared with time. the NamUs databases (as defined in such sec- eration Continuing Promise, and now Oper- Mr. MCMAHON. Madam Speaker, I tion) and for such information contained in the ation Unified Response to support relief efforts have no further requests for time, and NamUs databases to be transmitted to, entered in Haiti. I yield back the balance of my time. in, and otherwise shared with the NCIC data- The Comfort’s 550-person medical staff in- The SPEAKER pro tempore. The base. cludes trauma surgeons, orthopedic surgeons, question is on the motion offered by (b) RULES ON CONFIDENTIALITY.— head and neck surgeons, eye surgeons, ob- the gentleman from New York (Mr. (1) IN GENERAL.—Not later than one year after the date of the enactment of this Act, the Attor- stetricians and gynecologists. As of January MCMAHON) that the House suspend the 24, 2010, the medical staff had performed ney General, in consultation with the Director rules and agree to the resolution, H. of the Federal Bureau of Investigation (in this over 100 surgeries. By January 25, the ship’s Res. 1048, as amended. Act referred to as the ‘‘FBI’’), shall promulgate staff had saved the lives of 98 percent of the The question was taken; and (two- rules pursuant to notice and comment that ship’s patient population. thirds being in the affirmative) the specify the information the Attorney General Madam Speaker, I urge my colleagues to rules were suspended and the resolu- may provide from the NCIC files to the NamUs support this resolution, which expresses our tion, as amended, was agreed to. databases for purposes of this Act. Such rules deepest condolences to the victims of the A motion to reconsider was laid on shall— tragic earthquake; our solidarity with Haitians, the table. (A) provide for the protection of law enforce- Haitian-Americans, and all those who have ment sensitive, confidential, and private infor- f mation contained in the NCIC files; been affected by this natural disaster; our MESSAGE FROM THE PRESIDENT (B) be promulgated only after the Director ap- commendation of all who have contributed to proves recommendations by the Advisory Policy relief efforts; and, in particular, and our rec- A message in writing from the Presi- Board of the Criminal Justice Information Serv- ognition of the invaluable efforts of those life- dent of the United States was commu- ices Division of the FBI;

VerDate Mar 15 2010 04:07 May 18, 2010 Jkt 089060 PO 00000 Frm 00033 Fmt 4634 Sfmt 6333 E:\RECORD10\RECFILES\H23FE0.REC H23FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H684 CONGRESSIONAL RECORD — HOUSE February 23, 2010 (C) specify the circumstances in which por- formation Center computer networks, and the section shall submit information required under tions of information may be withheld from NamUs databases (as so defined)’’; and such subsection— transfer, entry, or sharing from the NCIC data- (C) in paragraph (4)— (1) separately to the NCIC database and base to the NamUs databases; and (i) in the matter preceding subparagraph (A), NamUs databases; or (D) provide that once an authorized agency by inserting ‘‘or the NamUs databases’’ after (2) in accordance with section 3, simulta- provides an authorization to permit the trans- ‘‘National Crime Information Center’’; and neously to the NamUs databases when reporting mission, entering, or sharing of information (or (ii) in subparagraph (A), by striking ‘‘and Na- to the NCIC database or to the NCIC database portions of information) from the NCIC data- tional Crime Information Center computer net- when reporting to the NamUs databases. base to the NamUs databases, such authoriza- works’’ and inserting ‘‘, National Crime Infor- (d) PERMISSIBLE USE OF FUNDS.— tion shall be deemed to apply to any updates mation Center computer networks, and the (1) IN GENERAL.—The permissible uses of made to such information, unless otherwise NamUs databases’’. grants awarded under this section include the specified by the agency. (3) EFFECTIVE DATE.—The amendments made use of funds— (2) SUBMISSIONS PRIOR TO ONLINE DATA ENTRY by this subsection shall apply with respect to re- (A) to hire additional personnel, to acquire FORMAT UPDATE.—With respect to information ports made before, on, or after the date of the technology to facilitate timely data entry into submitted to the NCIC database before the end enactment of this Act beginning on the last day the relevant databases; of the 30-day period specified in subsection (a), of the 30-day period described in subsection (a). (B) to conduct contracting activities relevant the Attorney General may solicit from appro- SEC. 4. INCENTIVE GRANTS PROGRAM. to outsourcing the processing of unidentified remains and the reporting of the resulting infor- priate authorized agencies authorization to (a) ESTABLISHMENT.—Not later than one year transmit, enter, or share such information. after the date of enactment of this Act, the At- mation to the NCIC database and NamUs data- PDATES.— (c) U torney General shall establish a program to pro- bases; (1) IN GENERAL.—Not later than 1 year after vide grants to qualifying law enforcement agen- (C) to train local law enforcement personnel, the date of the enactment of this Act, the Attor- cies (as defined in subsection (j)), offices of coro- medical examiners, and coroners to use the ney General shall update the online data entry ners, offices of medical examiners, and other au- NCIC database and NamUs databases; format for the NCIC database and NamUs data- (D) to assist States’ transition into the new thorized agencies to facilitate the process of re- bases to provide State criminal justice agencies, system under which information is shared be- porting information regarding missing persons offices of medical examiners, and offices of coro- tween the NCIC database and NamUs data- and unidentified remains to the NCIC database ners with the option to authorize the submission bases; and and NamUs databases for purposes of assisting of new information and data that is reported to (E) for other purposes consistent with the in locating such missing persons and identifying and entered into the NCIC database to simulta- goals of this section. such remains. neously be submitted to and entered into the (2) CLARIFICATION.—In no case may a recipi- (b) REQUIREMENTS.—As a condition of a grant NamUs databases. ent of a grant under this section use funds to under this section, a grant recipient shall, with (2) NCIC FORMAT.— enter or help facilitate the entrance of any false respect to each case reported to the agency or (A) IN GENERAL.—In the case of the NCIC or misleading information about missing persons office of the recipient relating to a missing per- database, an update described in paragraph (1) or unidentified remains. son described in a category under subsection (e) shall include— (e) CATEGORIES OF MISSING PERSONS.—The or relating to unidentified remains— (i) an update to the NCIC database online categories of missing persons described in this (1) not later than 72 hours after such case is data entry format that States use in submitting subsection are the following: reported to the agency or office and consistent missing persons and unidentified remains re- (1) A missing person age 21 or older who— ports, including the addition of a new data field with subsection (c), submit to the NCIC data- (A) is senile or is suffering from a proven men- allowing States, on behalf of the authorized base and NamUs databases— tal or physical disability, as documented by a agency that originally submitted the data, to se- (A) in the case of a missing person described source deemed credible to an appropriate law lect whether or not to have the NCIC report, in a category under subsection (e), at least the enforcement entity; or subject to the rules promulgated under sub- minimum information described in subsection (B) is missing under circumstances that indi- section (b), shared with the NamUs databases; (f)(1); and cate, as determined by an appropriate law en- and (B) in the case of unidentified remains, at forcement entity— (ii) subject to subparagraph (B), a require- least the minimum information described in sub- (i) that the person’s physical safety may be ment that as a condition of participating in the section (f)(2); and endangered; NCIC database, States must update their miss- (2) not later than 60 days after the original (ii) that the disappearance may not have been ing persons and unidentified remains collection entry of the report, verify and update any origi- voluntary, such as abduction or kidnapping; or processes from local and tribal law enforcement, nal report entered into the State law enforce- (iii) that the disappearance may have been medical examiners, and coroners to enable the ment system, the NCIC database, or NamUs caused by a natural disaster or catastrophe States to acquire information on whether or not databases after receipt of the grant with any (such as an airplane crash or terrorist attack). the authorized agencies originally submitting additional information, including, to the great- (2) A missing person who does not meet the data with respect to a missing person or uniden- est extent possible— criteria described in paragraph (1) but who tified remains have provided authorization to (A) information on the extent to which DNA meets one of the following criteria: share the information with the NamUs data- samples are available, including the availability (A) There is a reasonable concern, as deter- bases. of such samples submitted to the National DNA mined by an appropriate law enforcement enti- (B) EXCEPTION.—Subparagraph (A)(ii) shall Index System under subsection (b)(3); ty, for the safety of the missing person. not apply with respect to any State that has in (B) fingerprints, medical and dental records, (B) The person is under age 21 and emanci- effect a State law providing for a methodology and photographs of any distinguishing charac- pated under the laws of the person’s State of to authorize the sharing of information between teristics such as scars, marks, tattoos, piercings, residence. the NCIC database and NamUs databases. and other unique physical characteristics; (f) MINIMUM INFORMATION REQUIRED.— (d) AMENDMENTS TO TITLE XXXVII OF THE (C) in the case of unidentified remains, photo- (1) CONTENT FOR MISSING PERSONS.—The min- CRIME CONTROL ACT OF 1990 TO REQUIRE RE- graphs or digital images that may assist in iden- imum information described in this section, with PORTS OF MISSING CHILDREN TO NAMUS.— tifying the decedent, including fingerprint respect to a missing person, is the following: (1) REPORTING REQUIREMENT.—Section 3701(a) cards, radiographs, palmprints, and distinctive (A) The name, date of birth, city and State of of title XXXVII of the Crime Control Act of 1990 features of the decedent’s personal effects; and residence, gender, race, height, weight, eye (42 U.S.C. 5779(a)) is amended by striking the (D) any other information determined to be color, and hair color of the missing person. period and inserting the following: ‘‘and, con- appropriate by the Attorney General; and (B) The date and location of the last known sistent with section 3 (including rules promul- (3) not later than 60 days after the original contact with the missing person. gated pursuant to section 3(b)) of the Help Find entry of the report, to the greatest extent pos- (C) The category described in subsection (e) in the Missing Act, shall also report such case, ei- sible, submit to the National DNA Index System which the missing person is classified. ther directly or through authorization described of the Federal Bureau of Investigation, estab- (2) CONTENT FOR UNIDENTIFIED HUMAN RE- in such section to transmit, enter, or share in- lished pursuant to section 210304 of the Violent MAINS.—The minimum information described in formation on such case, to the NamUs databases Crime Control and Law Enforcement Act of this section, with respect to unidentified human (as defined in section 7 of such Act).’’. 1994, (either directly or through use of NamUs remains, is the following: (2) STATE REQUIREMENTS.—Section 3702 of title victims assistance resources and DNA collection (A) The estimated age, gender, race, height, XXXVII of the Crime Control Act of 1990 (42 services) DNA samples and information relating weight, hair color, and eye color. U.S.C. 5780) is amended— to such case. (B) Any distinguishing characteristics such as (A) in paragraph (2), by striking ‘‘or the Na- For purposes of paragraph (2), in the case of in- scars, marks, tattoos, piercings, and other tional Crime Information Center computer data- formation a grant recipient authorizes to be unique physical characteristics. base’’ and inserting ‘‘, the National Crime Infor- transferred, entered, or shared under section 3 (C) A description of clothing found on the de- mation Center computer database, or the NamUs between the NCIC database and NamUs data- cedent. databases (as defined in section 7 of the Help bases, any update to such information shall be (D) City and State where the unidentified Find the Missing Act)’’; simultaneously made with respect to both data- human remains were found. (B) in paragraph (3), by striking ‘‘and the Na- bases unless specified otherwise by the recipient. (E) Information on how to contact the law en- tional Crime Information Center computer net- (c) SUBMISSION OF REPORTS.—To satisfy sub- forcement agency handling the investigation works’’ and inserting ‘‘, the National Crime In- section (b)(1), a recipient of a grant under this and the unidentified human remains.

VerDate Mar 15 2010 04:07 May 18, 2010 Jkt 089060 PO 00000 Frm 00034 Fmt 4634 Sfmt 6333 E:\RECORD10\RECFILES\H23FE0.REC H23FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 23, 2010 CONGRESSIONAL RECORD — HOUSE H685 (F) Information on the extent to which DNA of the Federal Bureau of Investigation, estab- porting and sponsoring H.R. 3695, the samples are available, including the availability lished pursuant to section 534 of title 28, United ‘‘Help Find the Missing Act’’ or of such samples submitted to the National DNA States Code. ‘‘Billy’s Law,’’ as we call it. (d) STATE.—The term ‘‘State’’ means any Index System under subsection (b)(3). It’s my pleasure today to speak in (g) ADMINISTRATION.—The Attorney General State of the United States, the District of Co- shall prescribe requirements, including with re- lumbia, the Commonwealth of Puerto Rico, the support of a commonsense piece of leg- spect to applications, for grants awarded under Virgin Islands, American Samoa, Guam, and the islation that probably should have been this section and shall determine the amount of Commonwealth of the Northern Mariana Is- passed years ago. I would like to thank each such grant. lands. my colleague, Congressman MURPHY, (h) CONFIDENTIALITY.—As a condition of a The SPEAKER pro tempore. Pursu- for taking this worthy cause and ask- grant under this section, the recipient of the ant to the rule, the gentleman from ing me to work with him on it. grant shall ensure that information reported Virginia (Mr. SCOTT) and the gen- I’d also like to thank a citizen of our under the grant meets the requirements promul- Nation, Janice Smolinski, the mother gated by the Attorney General under section tleman from Texas (Mr. POE) each will 3(b)(1). control 20 minutes. of Billy Smolinski, for whom this bill (i) ANNUAL SUMMARY.—For each of the fiscal The Chair recognizes the gentleman is named. Without her devotion and the years 2012 through 2015, the Attorney General from Virginia. time that she spent on this issue, shall publish an annual statistical summary of GENERAL LEAVE Billy’s Law never would have hap- the reports required by subsection (c). Mr. SCOTT of Virginia. Madam pened. Her work, along with the re- (j) QUALIFYING LAW ENFORCEMENT AGENCY Speaker, I ask unanimous consent that sponse of her representative, Congress- DEFINED.—For purposes of this Act, the term all Members have 5 legislative days to man MURPHY, to create this legislation ‘‘qualifying law enforcement agency’’ means a revise and extend their remarks and in- is an example of Congress working the State, local, or tribal law enforcement agency. (k) AUTHORIZATION OF APPROPRIATIONS.— clude extraneous material on the bill way our Founders intended it to. There is authorized to be appropriated to carry under consideration. Janice Smolinski talked to her con- out this section $10,000,000 for each of the fiscal The SPEAKER pro tempore. Is there gressman, Mr. MURPHY. He listened. He years 2011 through 2015. objection to the request of the gen- responded. He moved quickly, and thus SEC. 5. REPORT ON BEST PRACTICES. tleman from Virginia? this piece of legislation is brought to Not later than 1 year after the date of the en- There was no objection. the House to solve this problem. actment of this Act, the Attorney General shall Mr. SCOTT of Virginia. I yield myself In the years since her son’s dis- issue a report to offices of medical examiners, of- such time as I may consume. appearance, Janice Smolinski has fices of coroners, and Federal, State, local, and Madam Speaker, the Help Find the worked to improve our Nation’s report- tribal law enforcement agencies describing the Missing Act, or Billy’s Law, will help ing system for the missing so that best practices for the collection, reporting, and families of missing persons find their analysis of data and information on missing other families do not have to suffer as loved ones by strengthening Federal she did. As we vote today on Billy’s persons and unidentified human remains. Such databases about missing persons and best practices shall— Law, it is imperative for us to remem- (1) provide an overview of the NCIC database unidentified remains. ber how important this bill is to people Every year, tens of thousands of and NamUs databases; like Janice Smolinski all over the Americans go missing and are never (2) describe how local law enforcement agen- country. found. In the subcommittee we heard cies, offices of medical examiners, and offices of There is a great need to improve our moving testimony from Ms. Janice coroners should access and use the NCIC data- Nation’s tracking of missing persons base and NamUs databases; Smolinski, whose son, Billy, went and identification of unknown and un- (3) describe the appropriate and inappropriate missing in 2004. While she has not identified remains. This bill is a big uses of the NCIC database and NamUs data- found her son, she has dedicated her step in fulfilling both of these goals. bases; and life to improving the system for others, (4) describe the standards and protocols for Every year, tens of thousands of including highlighting the need to the collection, reporting, and analysis of data Americans disappear. They go missing, strengthen and expand access to our and information on missing persons and uniden- never to be seen by their loved ones missing persons databases. I thank her tified human remains. again. In 2009, there were more than for her dedication to this worthy cause. SEC. 6. REPORT TO CONGRESS. 100,000 missing persons records active (a) IN GENERAL.—Not later than 1 year after Billy’s Law will facilitate the sharing of information between the FBI’s NCIC in the FBI’s National Crime Informa- the date of the enactment of this Act and bien- tion Center. nially thereafter, the Attorney General shall databases and the NamUs databases resubmit to the Committee on the Judiciary of the cently established by the National In- Simultaneously, medical examiners House of Representatives and the Committee on stitute of Justice. Facilitating infor- and coroners across the country are the Judiciary of the Senate a report describing mation-sharing between those two holding tens of thousands of unidenti- the status of the NCIC database and NamUs databases will assist the public, med- fied remains. There are an estimated databases. ical examiners, and coroners in looking 40,000 sets of unidentified remains (b) CONTENTS.—The report required by sub- being held by coroners throughout the section (a) shall describe, to the extent avail- for missing persons and identifying remains. country. able, information on— But as of January 2009, the NCIC (1) the process of information sharing between Billy’s Law also authorizes grants for the NCIC database and NamUs databases; and personnel, technology, and training to database contains only 7,000 records of (2) the programs funded by grants awarded help States submit data to NCIC and unidentified remains. This means that under section 4. NamUs. These grants will strengthen medical examiners and coroners offices SEC. 7. DEFINITIONS. the system by providing an incentive are not recording in the NCIC database For the purposes of this Act, the following for States to provide critical informa- many of the unidentified remains they definitions apply: tion to the databases shortly after hold. Consequently, it is likely that (a) AUTHORIZED AGENCY.—The term ‘‘author- many missing person cases remain ized agency’’ means a government agency with missing person cases are reported. This bill is strongly supported by the open for failure to connect missing per- an originating agency identification (ORI) num- son profiles with unidentified remains ber and that is a criminal justice agency, as de- Department of Justice. And I would fined for purposes of subpart A of part 20 of title like to commend our colleagues, the that are being held. 28, Code of Federal Regulations. gentleman from Connecticut (Mr. MUR- There are many Federal, State, local, (b) NAMUS DATABASES.—The term ‘‘NamUs PHY) and the gentleman from Texas and nonprofit databases designed to databases’’ means the National Missing and Un- (Mr. POE), for their hard work on this help, but these databases are not suffi- identified Persons System Missing Persons data- piece of legislation. ciently accessible to the public, and base and National Missing and Unidentified I strongly urge my colleagues to sup- they do not do a good job of sharing in- Persons System Unidentified Decedents data- port H.R. 3695. formation with each other. base maintained by the National Institute of Billy’s Law addresses all of these Justice of the Department of Justice. I reserve the balance of my time. Mr. POE of Texas. Madam Speaker, I concerns by increasing funding for a (c) NCIC DATABASE.—The term ‘‘NCIC database’’ means the National Crime Information yield myself such time as I may con- national, online repository and report- Center Missing Person File and National Crime sume. ing system called NamUs, the National Information Center Unidentified Person File of Madam Speaker, I’m proud to join Missing and Unidentified Persons Sys- the National Crime Information Center database my colleague, Mr. MURPHY, in sup- tem. Billy’s Law provides that the

VerDate Mar 15 2010 04:07 May 18, 2010 Jkt 089060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H23FE0.REC H23FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H686 CONGRESSIONAL RECORD — HOUSE February 23, 2010 FBI’s NCIC database share information I’d like to thank Representative POE that a coroner may have in California on missing and unidentified persons for sponsoring this bill with me. This is posted onto a national database so a with the NamUs database system. House has no stronger advocate for the family searching for their missing The goal is to have corners, medical rights of victims and their families, loved one in Connecticut has that in- examiners, law enforcement agents, and it has been my pleasure to work formation in real time. and the public all reporting informa- with him to move this legislation for- On January 21, Madam Speaker, Jan tion to and getting information from ward. Smolinski testified at a hearing on the one centralized Web site, NamUs. But above all, I’d like to extend my bill that Subcommittee Chairman Billy’s Law also requires the Attor- personal thanks to Jan Smolinski and SCOTT so graciously held. During her ney General to establish a program to her husband Bill, the parents of Billy testimony, she poignantly remarked, provide grants to qualifying medical Smolinski, for whom this legislation is ‘‘Uncertainty is a cancer that crushes examiners, coroners and law enforce- named. Their story is tragic, but Jan’s the spirit of loved ones left behind, de- ment agencies for the purpose of facili- pursuit of justice, her desire to do stroys marriages, and tears at the tis- tating better reporting of missing per- something with her situation, to sue of family bonds.’’ sons and unidentified remains to the change it for all of the other families By creating a robust, user-friendly NCIC and NamUs databases. who have gone through the same thing, national missing persons and unidenti- Having served as a prosecutor in that is nothing less than heroic. fied remains database, Billy’s law will Texas for over 8 years and a felony Madam Speaker, Billy Smolinski of help heal these wounds by finally giv- court judge for 22 years, I know first- Waterbury, Connecticut, went missing ing parents and family members like hand the toll that violent crime puts on August 24, 2004, at the age of 31. In the Smolinskis the ability to be true on communities, but specifically on their search for their son, Jan and her partners with law enforcement in the families. This pain is made even worse husband Bill encountered a national search for their loved ones. when a family of a victim is not able to missing persons system that is simply I urge my colleagues to support this determine what exactly happened to broken. They were met with law en- bipartisan bill. We owe it to the their missing loved one. Often, families forcement that didn’t understand how Smolinskis and to thousands of families like them across the country to have to wait for months or years until to handle an adult missing persons make sure their personal nightmares they can find closure. Some families, case, and then they ran into a national system of disconnected and inacces- are not repeated. like the Smolinskis, never find out Mr. POE of Texas. Madam Speaker, I sible databases that didn’t allow them what happened to their loved one. yield 3 minutes to the gentlewoman Shortly after I was elected to Con- to be true partners in the search for from Florida (Ms. GINNY BROWN-WAITE) justice. To this day, they haven’t found gress, I started the Victims’ Rights who is a cosponsor of this legislation Billy. Caucus. This Caucus is a bipartisan and who has also worked in the past on Sadly, their story is not a unique group of Members of Congress, co- similar legislation. chaired by myself and Mr. COSTA from one. Every year, thousands of Ameri- Ms. GINNY BROWN-WAITE of Flor- California, that supports legislation cans go missing, often never to be seen ida. Madam Speaker, I rise today in and advocates for policies that will by their loved ones again. In fact, ac- support of Billy’s Law. I want to thank help victims of crime in the United cording to the Bureau of Justice Sta- the many tireless advocates of missing States and the families of victims. H.R. tistics, there are over 100,000 missing children everywhere, and I certainly persons cases open at any time and ap- 3695 is one of these bills. want to commend Representative MUR- Billy’s Law is supported by the Na- proximately 4,400 unidentified human PHY for sponsoring this very important tional Center for Missing and Exploited remains are found every single year. piece of legislation. Children, the National Organization of Now, those numbers are too high, but Every day thousands of people are re- Police Associations, and the National just as intolerable are the roadblocks ported missing. The good news is that Association of Medical Examiners. that family members face when they’re many of them are quickly located by I urge all my colleagues to support trying to help law enforcement find a our heroes in the local law enforcement this bill. missing loved one. agencies. What happens to those who I reserve the balance of my time. That is why I am here to urge my are not found in the first few very crit- friends to join us in supporting Billy’s b 1530 ical days after they’re reported miss- Law, legislation that will begin cor- ing? In the past, the names were noted Mr. SCOTT of Virginia. Madam recting these problems that plague our in files of local police agencies, but Speaker, I yield such time as he may Nation’s missing persons system. without any leads, investigators were consume to the sponsor of Billy’s Law, My colleagues have really gone over left with few options and their names the gentleman from Connecticut (Mr. the basics of the law so I won’t belabor lingered on this list. MURPHY). the point. But this legislation for the Madam Speaker, in 2005, a group of Mr. MURPHY of Connecticut. First first time provides statutory author- people that included Federal, State, of all, let me extend my sincerest ization for NamUs, which is the Web- and local law enforcement agencies, thanks to the chairman of the sub- based database created in 2007 by the medical examiners, forensic scientists, committee, Mr. SCOTT, for bringing Department of Justice. It’s the only and other experts gathered in Philadel- this bill to the floor with such speed, federally funded database of missing phia to discuss ways to solve missing and then let me extend additional persons and unidentified remains infor- persons cases. The National Missing thanks to the chairman of the full mation that is open and accessible to and Unidentified Persons System is a committee, Mr. CONYERS, and Ranking the public. But currently it’s not a con- result of that effort. Members GOHMERT and SMITH for their gressionally authorized program. Local and State law enforcement assistance in bringing this bill to the Second, the bill connects NamUs agencies need a central database to floor today. with the other major Federal database which they can turn, and that is why I Madam Speaker, when I was home housed at the FBI, which is now only believe NamUs is so important. NamUs over the break, I told a lot of people accessible to law enforcement. We pro- has also launched a DNA initiative, that I saw that for all of the attention tect information that needs to stay pri- which is an effort to make sure we are on the news about the things that Re- vate, but this new connected database, using DNA technology in every way publicans and Democrats disagree which will also work with protocols possible to track down missing persons. with, this legislation, Billy’s Law, is an that build in other information from Billy’s Law provides grants to local example of the vast legislative under- State and local nonprofit databases, law enforcement agencies to improve brush that happens here that changes creates a complete and powerful na- their access to DNA technology and to lives but don’t necessarily get the big tional powerful database that families NamUs. headlines, places where both parties can use along with law enforcement. In my district, Milton and Evelyn work together to make this govern- And third, as has been stated, it sets Nerenberg have spent years trying to ment work better and to make it more up a competitive grants program to find out what happened to their miss- compassionate. make sure that all the information ing daughter, Audrey. Frustrated that

VerDate Mar 15 2010 04:07 May 18, 2010 Jkt 089060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H23FE0.REC H23FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 23, 2010 CONGRESSIONAL RECORD — HOUSE H687 their daughter, too, remains missing, woman who has made up her mind. age the prevention of urban violence, provide the Nerenbergs came to me for help. This is a perfect example of that. Jan- assistance, and support to crime victims; They were concerned that the Federal ice Smolinski, a mother, a lady, has (B) it is appropriate to properly acknowl- Government was not doing enough to done everything she can to find Billy, edge the more than 209,000 men and women who have been victims of urban violence in make sure that information gathered and now it’s time for Congress to do the United States each year, and to com- in central Florida, for example, where what it can to make sure that all of mend the efforts of survivors, volunteers, they lived, was being shared with the these different organizations that have and professionals who work to prevent urban right people in other parts of the coun- information are connected through the violence; try. They also wanted to make sure Internet, through sophisticated tech- (C) national and community organizations that the DNA technology be made nology, so that we can keep up with all and private sector supporters should be rec- available to law enforcement agencies of these children who turn up missing. ognized and applauded for their work in pro- throughout our Nation as well as in I yield back the balance of my time. moting awareness about urban violent crimes, providing information and treatment Florida. Billy’s Law will make it hap- Mr. SCOTT of Virginia. I want to to victims, families, and survivors, and in- pen. It is very similar to the legislation thank the gentleman from Connecticut creasing the number of successful prosecu- I previously introduced and that was and the gentleman from Texas for their tions of its perpetrators; named after Audrey Nerenberg. work on this bill. I urge my colleagues (D) public safety, law enforcement, and Important progress has been made in to support the legislation, and I yield health professionals should be recognized the past 5 years, but more must be back the balance of my time. and applauded for their hard work and inno- done. Forty thousand missing persons, The SPEAKER pro tempore. The vative strategies to increase the percentage including Audrey Nerenberg from my question is on the motion offered by of violent urban crime cases that result in the prosecution and incarceration of the of- district, their families will certainly the gentleman from Virginia (Mr. fenders; and benefit from this legislation. SCOTT) that the House suspend the (E) victim advocates and criminal justice I have worked in previous Congresses rules and pass the bill, H.R. 3695, as professionals should be recognized, ap- to improve the Federal Government’s amended. plauded, and encouraged for their work to es- ability to locate missing persons, and The question was taken; and (two- tablish effective programs as alternatives to as a cosponsor, I am very pleased to see thirds being in the affirmative) the incarceration, re-entry interventions for of- Billy’s Law come to the floor, and I rules were suspended and the bill, as fenders who are completing sentences, and will be proud to vote in favor of its pas- amended, was passed. rehabilitation programs for offenders and sage. victims alike; and A motion to reconsider was laid on (2) Congress strongly recommends that na- I urge my colleagues to support this the table. tional and community organizations, busi- bipartisan bill. f nesses in the private sector, colleges and uni- Mr. SCOTT of Virginia. Madam versities, and the media— Speaker, I reserve the balance of my NATIONAL URBAN CRIMES (A) promote, through education and pre- time. AWARENESS WEEK vention measures, awareness of violent Mr. POE of Texas. I yield myself such urban crimes and strategies to decrease the Mr. SCOTT of Virginia. Madam incidence of these crimes; and time as I may consume. Speaker, I move to suspend the rules I want to thank the chairman, Chair- (B) support the goals and ideals of National and agree to the concurrent resolution Urban Crimes Awareness Week. man SCOTT, for bringing this legisla- (H. Con. Res. 227) supporting the goals tion to the House floor as quickly as he The SPEAKER pro tempore. Pursu- and ideals of National Urban Crimes has done, and, of course, Mr. MURPHY ant to the rule, the gentleman from Awareness Week, as amended. from Connecticut, the excellent job he Virginia (Mr. SCOTT) and the gen- The Clerk read the title of the con- has done to bring this legislation to tleman from Texas (Mr. POE) each will current resolution. our attention and make sure that this control 20 minutes. The text of the concurrent resolution House creates a system where people The Chair recognizes the gentleman is as follows: can find their loved ones. from Virginia. H. CON. RES. 227 As a parent, the worst thing that any GENERAL LEAVE parent could hear is the fact that their Whereas National Urban Crimes Awareness Week will be celebrated the second week in Mr. SCOTT of Virginia. Madam child has disappeared. That would Speaker, I ask unanimous consent that bring terror and fear into any parent. February 2010; Whereas 48,430 violent crimes occurred in all Members have 5 legislative days to As a parent of four kids, I know that. New York City in 2008, compared to 28,941 in revise and extend their remarks and in- I think about that constantly. non-New York City counties in the State of clude extraneous material on the reso- When Janice Smolinski learned that New York; lution under consideration. her son, Billy, had disappeared, she, Whereas an estimated 1,382,012 violent like every mother would do, was re- crimes occurred nationwide in 2008; The SPEAKER pro tempore. Is there lentless in finding out as much as she Whereas over 6,000,000 people were victims objection to the request of the gen- could about his disappearance. Unfor- of crime in 2008; tleman from Virginia? tunately, she met a lot of stone walls Whereas according to the 2008 National There was no objection. Crime Victimization Survey, African-Ameri- in the criminal justice system. She had Mr. SCOTT of Virginia. I yield myself cans experienced higher rates than Whites of such time as I may consume. put posters up all over her neighbor- every violent crime except simple assault; hood. She called everybody she knew. Whereas acts of violence and crime cause Madam Speaker, this resolution rec- She called the police, and she got on pain and disruption that can have lasting ef- ognizes the important efforts to reduce the Internet trying to find out ways fects; crime in our Nation’s urban areas and she could locate Billy. She was relent- Whereas the number of crimes can be re- to support crime victims. We observed less in that pursuit. duced if community members are taught National Urban Crimes Awareness And then she came in contact with crime prevention techniques and become week during the second week of this more involved in crime prevention activities; month. her Congressman. The old statement Whereas neighborhood crime contributes ‘‘call your Congressman,’’ it worked, to community neglect and disintegration; This resolution particularly recog- and it should have worked in this case and nizes the critical role of education and and it worked well. Whereas numerous studies demonstrate prevention programs in decreasing I commend her and other people like that evidence-based prevention and interven- crime. It also highlights the need for her who work to find their loved ones tion programs can reduce delinquency and redoubling our commitment to finding but also to make our system better. So serious juvenile crime: Now, therefore, be it alternatives for incarceration, to en- when people that disappear, we are able Resolved by the House of Representatives (the gaging in reentry programs for those to find out as much as we can about Senate concurring), That— completing their programs, and for re- (1) it is the sense of Congress that— their disappearance and where they are (A) National Urban Crimes Awareness habilitation programs that will help because we’re all in this together. Week provides a special opportunity to edu- prevent crime from happening in the My grandmother used to say that cate the people of the United States about first place. It is important that we in there is nothing more powerful than a urban violence and to take steps to encour- Congress emphasize our commitment

VerDate Mar 15 2010 04:07 May 18, 2010 Jkt 089060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H23FE0.REC H23FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H688 CONGRESSIONAL RECORD — HOUSE February 23, 2010 to reducing crime all across this coun- vides an opportunity to shed light on Week and acknowledges and welcomes the try and to supporting the victims of the volatile issues affecting people opportunity to educate the public about urban crimes. within urban communities. violence and take steps to prevent violence I want to thank the gentleman from In September 2009, 133 metropolitan and provide support to victims. New York (Mr. TOWNS) for introducing areas reported jobless rates above the I cannot stress enough the significance of this resolution, I urge my colleague to national average. As a result of the Congress supporting the concept of the reso- support it, and I reserve the balance of economic downturn, many of our Na- lution; not only for actual crime prevention, but my time. tion’s urban communities are experi- also for the victims of crime. By joining in a Mr. POE of Texas. I yield myself such encing a substantial growth in crime, consensus, we are informing Americans that time as I may consume. which has been directly linked to in- we empathize and sympathize with their Madam Speaker, I am proud to join creased unemployment rates. In other issues, concerns and safety. We are also de- my colleague, Mr. TOWNS, in sup- words, there is a definite correlation claring that we support both in theory and im- porting House Concurrent Resolution between unemployment and crime. plementation any approach necessary to in- 227. Madam Speaker, in 2008, there were crease support for victims, increase successful More than 6 million people were vic- an estimated 1,382,000 violent crimes and fair prosecutions and applaud the courage tims of crimes in 2008; and more than 1 that occurred nationwide. In New of individuals who pick up the shattered pieces million violent crimes were committed York, approximately 48,430 violent of their lives and triumph in the midst of adver- in 2008. Violent crimes are especially crimes took place, compared to 28,941 sity! This resolution also acknowledges more frequent in cities and among gangs. reported cases in non-New York City comprehensive rehabilitation programs for ex- Neighborhood crime harms persons and counties. offenders. families and it degrades communities. Over 60 percent of the Nation’s youth This is especially important in my city, Studies show that crime can be re- have been exposed to violence in the Houston, TX, where the population is the duced and communities saved if leaders past year. This exposure adversely af- fourth largest in the United States. It is imper- in the communities are taught crime fects their physical and mental health ative to spread crime awareness, not only in prevention techniques and become ac- and long-term functioning into adult- this month, but every day, to maintain order tive in crime prevention programs. hood, and can force youth into gangs and a safe living environment for all. where they are more likely to perpet- Crime prevention programs also help So in conclusion, I immensely support H. uate additional acts of violence. reduce domestic violence and aid vic- Con. Res. 227 and I encourage my colleagues This resolution seeks to properly ac- tims and their families in recovery. to follow my lead. knowledge the men, women, and chil- Mr. POE of Texas. We have no other National Urban Crime Awareness dren who have been victims of violence Week promotes the work of organiza- speakers. I strongly support this legis- in urban communities. It will also com- lation. tions and individuals throughout the mend the tireless efforts of survivors, country who combat urban crime and I yield back the balance of my time. volunteers, and professionals who work Mr. SCOTT of Virginia. Madam treat victims. Law enforcement, victim to prevent urban violence, and will rec- advocates, health professionals, school Speaker, I thank the gentleman from ognize them as well as law enforcement New York for introducing the resolu- teachers, and many others should be and health professionals for their hard recognized and applauded for their tion and urge my colleagues to support work and innovative preventative it. work in helping victims and bringing strategies. criminals to justice. I yield back the balance of my time. National Urban Crime Awareness The SPEAKER pro tempore. The Throughout my work on the Victims Week is a time for us to advocate for Rights Caucus, I have had the pleasure question is on the motion offered by people affected by urban violence. I the gentleman from Virginia (Mr. of working with some amazing people urge all of my colleagues here in the who advocate for victims of crime SCOTT) that the House suspend the House of Representatives to join me in rules and agree to the concurrent reso- every day. They deserve to be com- support of this awareness campaign. mended for their work—such as the Na- lution, H. Con. Res. 227, as amended. Again, I want to thank the ranking The question was taken. tional Center for Victims of Crime, the member of the committee, Mr. POE, The SPEAKER pro tempore. In the Stalking Resource Center—which cele- and also thank the Chair of the com- opinion of the Chair, two-thirds being brates its 10-year anniversary this mittee, Mr. SCOTT, for their assistance in the affirmative, the ayes have it. year—the Rape, Abuse and Incest Na- in moving this legislation forward. I Mr. SCOTT of Virginia. Madam tional Network, the End Abuse and the think it is so important that we do ev- Speaker, I object to the vote on the National Network to End Domestic Vi- erything that we can to recognize and ground that a quorum is not present olence—to name just a few. But there let people become aware of how impor- and make the point of order that a are hundreds more across the country, tant it is to come together to fight quorum is not present. all of these groups working together on crime. I think it is just so important to The SPEAKER pro tempore. Pursu- behalf of victims of crime. deal with our young people at an early ant to clause 8 of rule XX and the b 1545 age and let them know that we are con- Chair’s prior announcement, further cerned about crime, and that we recog- proceedings on this motion will be I support the goals and ideals of Na- nize that there is a correlation between tional Urban Crime Awareness Week. I postponed. unemployment and crime and we have The point of no quorum is considered urge my colleagues to support this bill. to create jobs and should be working withdrawn. I reserve the balance of my time. on that. I am hoping that we can pull f Mr. SCOTT of Virginia. Madam together as a body here and work on Speaker, I yield such time as he may creating jobs. NATIONAL NUTRITION MONTH consume to the Chair of the Govern- Ms. JACKSON LEE of Texas. Madam Ms. CASTOR of Florida. Madam ment Oversight and Reform Committee Speaker, I rise today in strong support of H. Speaker, I move to suspend the rules and sponsor of this resolution, the gen- Con. Res. 227, brought forth by my esteemed and agree to the resolution (H. Res. tleman from New York (Mr. TOWNS). colleague, Representative EDOLPHUS TOWNS, 274) expressing support for designation Mr. TOWNS. I thank Chairman New York, which articulates support for the ul- of March as National Nutrition Month. SCOTT, Ranking Member POE, the full timate goal that the National Urban Crimes The Clerk read the title of the resolu- committee Chair, and the ranking Awareness Week stands to convey. This mes- tion. member as well for moving this legisla- sage is not for a specific neighborhood, race The text of the resolution is as fol- tion forward. or ethnicity, but is for all nationalities and com- lows: Madam Speaker, I rise today to urge munities. Through reaching out to various or- H. RES. 274 my colleagues to support H. Con. Res. ganizations, businesses, colleges and univer- Whereas according to the American Die- 227, as amended, a concurrent resolu- sities, crime awareness will spread through tetic Association good nutrition is vital to a tion that designates the second week of like ‘‘wild fire.’’ healthy and long life; February as National Urban Crime This resolution states that Congress realizes Whereas according to the American Die- Awareness Week. This occasion pro- the importance of National Crime Awareness tetic Association the National Nutrition

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I am especially proud to in 2008, 32 States had a prevalence of National Nutrition Month in 1980; support National Nutrition Month, as obesity equal to or greater than 25 per- Whereas poor nutrition and sedentary life- First Lady Michelle Obama has just recent. Six of these States—Alabama, styles are linked to obesity and health prob- cently launched the Let’s Move cam- Mississippi, Oklahoma, South Carolina, lems; paign to target childhood obesity. Tennessee, and West Virginia—had a Whereas 17 percent of children between the This initiative has four components: prevalence of obesity equal or greater ages of 6 and 11 are overweight; One, making healthy choices; two, put- Whereas 17.6 percent of adolescents be- than 30 percent. I am glad that my tween the ages of 12 and 19 are overweight; ting healthy foods in schools; three, in- home State of Nebraska is not on this, Whereas 33.3 percent of adult men are creasing access and affordability of but we have been shoveling enough obese and 35.3 percent of adult women are healthy foods; and, four, increasing snow that our children are getting obese in the United States; physical education. some exercise. Whereas according to the Centers for Dis- Good nutrition and healthy eating Obesity rates among children and ease Control, since 1980 obesity rates for habits play a fundamental role in the adolescents are especially staggering adults have doubled and rates for children overall health of both children and and have led to increasing health prob- have tripled; adults. The Children’s Health Care lems such as diabetes and heart disease Whereas dietary factors are associated with 4 of the 10 leading causes of death, in- Caucus, which I am proud to co-Chair among this population. Poor nutrition cluding heart disease, cancer, stroke, and di- with my Republican colleague Con- habits and sedentary lifestyle both abetes; gressman DAVE REICHERT of Wash- have been linked with many of the obe- Whereas these health conditions are esti- ington, is helping to raise awareness sity and health problems that afflict mated to cost the United States over regarding good nutrition and healthy Americans today. Many dietary factors $600,000,000,000 each year in medical expenses eating habits and how they improve have led to conditions such as heart and lost productivity; the lives of all Americans. Poor nutri- disease, cancer, stroke, and diabetes. Whereas access to proper nutrition helps tion and sedentary lifestyles are linked But through proper nutrition, regular fight off illness and disease and is vital to children’s cognitive development; to obesity and countless health prob- exercise, and controlling weight prob- Whereas poor nutrition, inactivity, and lems. lems, these threats to our health are weight problems in school age children may Today, one-third of adults in the far less likely to occur. cause low academic performance or behav- United States are obese. Can you be- It is important for Americans to rec- ioral problems resulting in additional costs; lieve that? And childhood obesity rates ognize the significance of monitoring and have tripled since 1980. In my home their own eating habits and that of Whereas March would be an appropriate State of Florida, one-third of children their family. Proper nutrition, exer- month to designate as National Nutrition in our State are overweight or obese, cise, and healthy living could help lead Month: Now, therefore, be it Resolved, That the House of Representa- and that is a statistic that replays to lower obesity rates, fewer medical tives— itself in every State across America. expenses, and increased productivity. (1) supports the designation of National In my Tampa Bay area community, I stand in support of this resolution Nutrition Month; in Hillsborough County, more than 80 and hope that my colleagues will join (2) supports the goals and ideals of Na- percent of children are not getting the me. tional Nutrition Month; recommended daily serving of fruits Madam Speaker, I reserve the bal- (3) encourages local communities to raise and vegetables. So we have a lot of ance of my time. awareness surrounding nutritional health; work to do. Ms. CASTOR of Florida. Madam (4) encourages awareness about diseases Speaker, I am pleased to yield 2 min- and death caused by lack of nutrition; and Dietary factors are associated with (5) recognizes and salutes health care pro- four of the 10 leading causes of death in utes to a champion for children from fessionals such as registered dietitians, that the United States, including heart dis- the Education and Labor Committee spread the knowledge and importance of nu- ease, cancer, stroke, and diabetes. and the State of California, Congress- trition each day. These health conditions are estimated woman WOOLSEY. The SPEAKER pro tempore. Pursu- to cost the United States over $6 bil- Ms. WOOLSEY. Madam Speaker, I ant to rule, the gentlelady from Flor- lion annually in medical expenses and thank Madam CASTOR for her good ida (Ms. CASTOR) and the gentleman lost productivity. We can do better. leadership. from Nebraska (Mr. TERRY) each will Parents, you must focus on healthy It is our job as adults to help chil- control 20 minutes. choices for your children. You must be- dren make the right decisions about The Chair recognizes the gentlelady come good role models for your kids. everything, particularly about eating from Florida. For children, poor nutrition, inac- healthy and nutritious foods, because GENERAL LEAVE tivity, and weight issues can often lead what they eat has a powerful impact on Ms. CASTOR of Florida. Madam to low academic performance or behav- how they learn, how they grow, and Speaker, I ask unanimous consent that ioral problems resulting in additional how they thrive. all Members have 5 legislative days costs. Proper nutrition helps to fight Children who have nutritious meals within which to revise and extend their illnesses, and it is vital to our chil- at home and in schools are more likely remarks and include extraneous mate- dren’s cognitive development. to get the most out of their education rial therein. House Resolution 274 designates and to stay on a path toward a healthy The SPEAKER pro tempore. Is there March as National Nutrition Month lifestyle. We here in this Congress, we objection to the request of the gentle- and encourages communities all across as adults, we as parents and grand- woman from Florida? America to increase awareness about parents have a responsibility to sup- There was no objection. nutritional health. port good nutrition for all children, for Ms. CASTOR of Florida. Madam Additionally, this resolution recog- teenagers, for adults, which is why I Speaker, I yield myself such time as I nizes the hard work of registered dieti- am proud to rise today as a cosponsor may consume. cians and health care professionals of H. Res. 274, which expresses strong We are going to continue to work for that help to educate communities support for designating March as Na- a healthier America, and this year about good nutrition. tional Nutrition Month. marks the 30th year that March is cele- I reserve the balance of my time. Today, 23 million children and ado- brated as National Nutrition Month. Mr. TERRY. Madam Speaker, I yield lescents are obese or overweight. Obe- The National Nutrition Month cam- myself such time as I may consume. sity rates for children between 6 and 11 paign focuses attention on the impor- On behalf of the ranking member and years old have more than quadrupled tance of making informed food choices, the Energy and Commerce Committee, over the last 40 years. Throughout

VerDate Mar 15 2010 04:07 May 18, 2010 Jkt 089060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H23FE0.REC H23FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H690 CONGRESSIONAL RECORD — HOUSE February 23, 2010 their lives, these children are at a league, Congressman TERRY from the mandated program supposed to adequately much greater risk for heart disease, Energy and Commerce Committee, and provide for and supplement children’s diets type 2 diabetes, stroke, cancer, and so- urge my colleagues to support this when it is only available to them for half of the cial and psychological problems. Ena- House resolution designating March as year? bling children to make healthy choices National Nutrition Month. It is vitally important that we work together is a smart down payment on supporting Ms. JACKSON LEE of Texas. Madam as a nation to improve nutrition standards healthy future generations. Speaker, I stand before you today in support across the board; particularly for children and I commend the President, and I com- of H. Res. 274 ‘‘Expressing support for des- the elderly. It is appalling to me that children mend the First Lady and USDA Sec- ignation of March as National Nutrition still go hungry in this great nation and it is our retary Tom Vilsack for continuing to Month.’’ duty to ensure that all children receive proper champion a strong investment in our I would like to begin by thanking my col- nutrition in addition to great physical education children’s nutrition programs and league Representative KATHY CASTOR for in- in schools. working with me to ensure that the troducing this resolution in the House of Rep- Officially establishing the month of March as only foods in schools will be healthy resentatives, as it is important that we ac- ‘‘National Nutrition Month’’ would seek to im- foods based on current nutrition knowledge and recognize the importance of prove the lives of our citizens as well as in- science, and that only healthy foods good nutrition toward maintaining a healthy crease our citizen’s awareness of the impor- are sold in the schools throughout the and productive nation. tance of good nutrition in living a healthy and day. Furthermore, it is important that we continue productive life. Furthermore, by providing edu- Madam Speaker, it is time to update to educate and encourage our local commu- cation and instruction to adults and children our nutrition standards for food sold in nities to raise their awareness of nutritional alike, we can help to ensure that the United vending machines—— health and encourage an expanded knowl- States continues to serve as a model of bal- The SPEAKER pro tempore. The edge within the community regarding the ben- anced nutrition to the world. time of the gentlewoman has expired. efits of proper nutrition. By improving nutrition I ask my colleagues for their support of this Ms. CASTOR of Florida. I yield the standards within our communities we can help legislation as well as their support for the im- gentlewoman an additional 1 minute. support people in their efforts toward living a proving nutrition across our country. I strongly Ms. WOOLSEY. Because those stand- long, healthy and productive life. urge you to support this resolution. ards haven’t changed for the last 30 Unfortunately, obesity and poor nutrition Ms. CASTOR of Florida. Madam years, standards for a la carte lines for among citizens is especially prevalent in my Speaker, I yield back the balance of school snacks and for outside vending home city of Houston, Texas. For years Hous- my time. machines. ton has been consistently rated as the ‘‘fattest The SPEAKER pro tempore. The b 1600 city in America.’’ Currently, 58 percent of question is on the motion offered by the gentlewoman from Florida (Ms. All of this has to do with meeting adults and 39 percent of children are classified CASTOR) that the House suspend the obesity head on. as overweight or obese in the Greater Hous- Recognizing the month of March as ton community. This resolution would also rules and agree to the resolution, H. National Nutrition Month will shine a seek to help the people of my district in Hous- Res. 274. light on the problems of obesity and ton by raising the awareness of nutritional The question was taken; and (two- poor nutrition in this country. So I health issues. thirds being in the affirmative) the thank my colleague, Congresswoman It is estimated that since 1980, obesity rates rules were suspended and the resolu- for adults have doubled and obesity rates for tion was agreed to. CASTOR, for introducing this important A motion to reconsider was laid on resolution, and I urge my colleagues to children have nearly tripled due to poor nutri- the table. join me in passing it today. tion and sedentary lifestyles in the United Mr. TERRY. I continue to reserve. States. Furthermore, four of the top ten f causes of death including heart disease, can- Ms. CASTOR of Florida. Madam HONORING THE CONTRIBUTIONS cer, stroke and diabetes have been attributed Speaker, at this time, I am pleased to OF AFRICAN AMERICANS TO THE to factors surrounding a person’s nutrition and yield 2 minutes to one of the experts on TRANSPORTATION AND INFRA- diet. These four health conditions are esti- nutrition in the Congress, Congress- STRUCTURE OF THE UNITED mated to cost the United States over $600 bil- woman DAHLKEMPER from Pennsyl- STATES vania. lion each year in medical expenses and lost Mrs. DAHLKEMPER. Madam Speak- productivity. Ms. CORRINE BROWN of Florida. er, I rise in support of House Resolu- These are several of the major factors high- Madam Speaker, I move to suspend the tion 274, supporting March as National lighting the importance of good nutrition in our rules and agree to the resolution (H. Nutrition Month. nation. It also shows the importance of making Res. 1085) honoring and celebrating the Madam Speaker, for over 25 years I informed food choices and developing sound contributions of African-Americans to served as a clinical dietitian helping eating and physical activity habits. In conjunc- the transportation and infrastructure hospitals, schools, and other organization with good nutrition, it is also important that of the United States. tions prepare healthy menus and em- citizens take on healthy physical activity on a The Clerk read the title of the resolu- phasizing good nutrition, good diet and regular basis to maintain good health. tion. long-term wellness. These health and nutrition factors take an The text of the resolution is as fol- National Nutrition Month is an im- even greater level of importance when we dis- lows: portant tool for health and wellness ad- cuss the effects of nutrition on our nation’s H. RES. 1085 vocates across the country. Every year, children. Poor nutrition and lack of exercise in Whereas African-Americans have played an we as dietitians and those in the health school-age children has been shown to cause instrumental role in developing and improv- care field use this designation to pro- a decrease in academic performance in addi- ing the transportation and infrastructure of mote nutritious diets and to educate tion to behavioral problems. In younger chil- the United States through leadership, de- dren, poor nutrition can manifest itself in more sign, and innovation; people about healthy eating habits. Whereas the contributions of African- Proper nutrition and healthy eating severe ways. Lack of proper nutrition also Americans have had significant and far- are essential to improving our Nation’s makes young children more prone to illness reaching impacts on modern transportation long-term health and to lowering the and disease and inhibits children’s cognitive systems, including airways, highways, and rate of chronic diseases such as heart development. railways, and have led to momentous im- disease, diabetes and cancer. Furthermore it is important that we recog- provements to transportation safety and se- Madam Speaker, I call upon my col- nize the gaps in school lunch programs at curity; leagues to support House Resolution public schools. The National School Lunch Whereas, in aviation, for example, Eliza- 274 to help make healthy living a na- Program was designed to provide low cost or beth ‘‘Bessie’’ Coleman, a daring stunt pilot known as ‘‘Queen Bess’’, was the first Afri- tional priority. free school lunch meals to qualified students can-American woman to become a licensed Mr. TERRY. Madam Speaker, I yield through subsidies given to schools. In many airplane pilot in 1921 and the first United back the balance of my time. school districts however, this poses a problem States citizen of any race or gender to hold Ms. CASTOR of Florida. Madam as children are only in school around 180 an international aviation license from the Speaker, I would like to thank my col- days out of the year. How is this federally Federation Aeronautique Internationale;

VerDate Mar 15 2010 04:07 May 18, 2010 Jkt 089060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H23FE0.REC H23FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 23, 2010 CONGRESSIONAL RECORD — HOUSE H691 Whereas Eugene Jaques Bullard was the many other States and passed on his legacy Graham Bell’s patent application for the first African-American military pilot in his- to his children through the family business, telephone and established public lighting tory, serving as a United States volunteer in the Bridge Company; systems for entire cities like New York City, the French army during World War I; Whereas Archibald Alexander placed his Montreal, Paris, and London, invented a Whereas Cornelius R. Coffey established mark on the Nation’s capital by designing flushing water closet for trains in 1874; the Coffey School of Aeronautics at Harlem the Tidal Basin Bridge and the Whitehurst Whereas, A.B. Blackburn patented a rail- Airport in Chicago, where more than 1,500 Freeway in Washington, DC; way signal in 1888 designed to be operated by African-American students trained as pilots Whereas the all African-American 93rd, the wheels of a train; and mechanics from 1938 to 1945, including 95th, and 97th Army Engineer General Serv- Whereas W.F. Burr invented a railway many who would later become Tuskegee Air- ice Regiments overcame harsh environ- switching device in 1899; men; mental conditions and racial discrimination Whereas Elbert R. Robinson invented the Whereas Willa Beatrice Brown, the first to help build the most difficult and haz- electric railway trolley in 1893; African-American woman to receive a United ardous portion of the Alaska Highway; Whereas the work of many influential Afri- States private pilot license in 1938, helped Whereas Frederick M. Jones patented the can-Americans through the civil rights found the National Airmen’s Association of air-conditioning controlling device to enable movement and other social and political America in 1939, later became the coordi- the transportation of perishable food using movements in the United States led to de- nator of war-training service for the Civil trucks and rail cars, and also patented the segregation in transportation as well as sig- Aeronautics Authority, and served as the gas engine starter and a control device for nificant improvements to the working condi- first African-American female officer in the internal combustion engines; tions and rights of transportation workers Civil Air Patrol; Whereas Richard Spikes is credited with throughout the United States; Whereas Neil V. Loving helped form an all the invention of such advancements as the Whereas Rosa Parks, Homer Plessy, and African-American Civil Air Patrol Squadron automatic car washer, automobile direc- many other civil rights activists insisted on in Detroit, established the Wayne School of tional signs, the automatic gear shift and equitable access to public transportation; Aeronautics in 1946, designed and built sev- transmission, and the automatic safety Whereas Pullman Porters, which provided eral experimental aircraft, and performed brake system; service to and attended to the needs of pas- critical research as an aerospace engineer for Whereas M.A. Cherry invented a device sengers on board trains, became leaders in the United States Air Force; known as the Velocipede, a precursor to the the civil rights movement and formed the Whereas Marlon Green became the first Af- bicycle, and the streetcar fender, designed to Brotherhood of Sleeping Car Porters in 1925, rican-American pilot for a major airline in prevent collisions with debris on streetcar under the leadership of civil rights leader A. 1965 after winning a landmark racial dis- tracks; Philip Randolph, who fought tirelessly to crimination employment case in the Su- Whereas Issac R. Johnson invented the bi- improve the working conditions and pay for preme Court of the United States, and served cycle frame in 1899; the Pullman Porters; earlier in his career as a Captain in the Whereas Humphrey Reynolds invented the Whereas the Brotherhood of Sleeping Car United States Air Force for 9 years; safety gate for bridges to prevent cars and Porters was the first African-American labor Whereas the Tuskegee Airmen were the pedestrians from entering the tracks at the union to sign a collective bargaining agree- first African-American airmen, aircraft and same time a train is approaching; ment with a major United States corpora- engine mechanics, armament specialists, Whereas Benjamin Banneker, an astron- tion on August 25, 1937; and radio repairmen, parachute riggers, control omer, surveyor, almanac author, and farmer, Whereas National African American His- tower operators, policemen, and administra- helped survey the boundaries of what became tory Month is celebrated in February 2010: tive clerks during World War II, and whose the District of Columbia; Now, therefore, be it service and performance were instrumental Whereas Walter McClennan invented the in ending segregation in the United States automatic railway car door in 1920; Resolved, That the House of Representa- military; Whereas Elijah McCoy, a fireman and oiler tives— Whereas Dr. Lewis A. Jackson, an aviation for the Michigan Central Railroad, developed (1) supports the goals and ideals of Na- pioneer and educator, was the director of a ‘‘lubricating cup’’ in 1872 to automatically tional African American History Month; training at the Army Air Force 66th Flight oil steam engines on trains, which dramati- (2) honors and celebrates the important Training Detatchment at Moton Field, the cally improved efficiency by eliminating the contributions that African-Americans have primary flight training site for the Tuskegee frequent stopping necessary for lubrication made throughout history to the transpor- Airmen, and also pursued designing an exper- of the engine; tation and infrastructure of the United imental aircraft called a roadable airplane; Whereas other inventors attempted to sell States; and Whereas Elinor Williams became the first their own versions of the ‘‘lubricating cup’’ (3) urges citizens and communities African-American woman to be an air traffic but most companies wanted the authentic throughout the United States to join with controller in 1968 and the first African-Amer- device for their trains, requesting ‘‘the Real representatives of the Federal Government ican woman to manage an Air Route Traffic McCoy’’; to recognize the substantial contributions Control Center, who then went on to become Whereas according to Booker T. Wash- that African-Americans have made and con- the regional administrator of the Great ington, McCoy had produced more patents tinue to make to the Nation’s transportation Lakes Region for the Federal Aviation Ad- than any other African-American inventor of and infrastructure systems. ministration; his time, many of which contributed to the The SPEAKER pro tempore. Pursu- Whereas LeRoy Wilton Homer, Jr., coura- railroad industry; ant to the rule, the gentlewoman from geously served as the first officer of United Whereas McCoy was inducted into the Na- Florida (Ms. CORRINE BROWN) and the Airlines Flight 93, which was overtaken by tional Inventors Hall of Fame in Akron, terrorists on September 11, 2001, and pre- Ohio, in 2001; gentleman from Louisiana (Mr. CAO) viously served in the United States Air Whereas Granville T. Woods invented over each will control 20 minutes. Force in the Persian Gulf War; a dozen devices to improve the railroad sys- The Chair recognizes the gentle- Whereas Barrington Irving became the tem including his most notable invention in woman from Florida. first African-American and youngest indi- 1887, the Synchronous Multiplex Railway GENERAL LEAVE vidual at 23 to fly solo around-the-world in Telegraph, which enabled communications his custom-built Columbia 400 named Inspi- between moving and stationary trains cre- Ms. CORRINE BROWN of Florida. ration in June 2007, and founded the non- ating a system that enabled a railroad engi- Madam Speaker, I ask unanimous con- profit organization Experience Aviation, Inc. neer to determine the distance between sent that all Members may have 5 leg- to introduce youth to aviation and aerospace trains to help improve accidents and colli- islative days within which to revise and to address the shortage of young people sions; and extend their remarks and include pursuing careers in those fields; Whereas Woods also founded the Woods additional materials on House Resolu- Whereas African-Americans have also Railway Telegraph Company and is credited tion 1085. played important roles in shaping the Na- with the development of a system for over- The SPEAKER pro tempore. Is there tion’s highways, bridges, and transit and rail head electrified railroads, patented several systems throughout the country’s history overhead wire and third rail transmissions objection to the request of the gentle- through innovation, pioneering new tech- systems, and made improvements to the woman from Florida? nologies, and building the infrastructure steam-boiler furnace; There was no objection. that connects the Nation and enables eco- Whereas Andrew Beard, an ex-railroad Ms. CORRINE BROWN of Florida. nomic growth and prosperity; worker who lost his leg in a car coupling ac- Madam Speaker, I yield myself such Whereas Garrett A. Morgan invented the cident, invented a device in 1897 that auto- time as I may consume. Automatic Traffic Signal, a precursor to the matically performs the dangerous job of Madam Speaker, it is a privilege to modern traffic light; linking rail cars together, commonly called Whereas Horace King became known as the Jenny Coupler, the device served as the offer this resolution during Black His- ‘‘The Bridge Builder’’ for his work rebuilding precursor for the modern system; tory Month honoring African Ameri- bridges throughout Georgia, Mississippi, Whereas Lewis Howard Latimer, who draft- cans’ contributions to transportation South Carolina, Alabama, New York, and ed the patent drawings for Alexander and infrastructure in America.

VerDate Mar 15 2010 04:07 May 18, 2010 Jkt 089060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H23FE0.REC H23FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H692 CONGRESSIONAL RECORD — HOUSE February 23, 2010 African Americans have played an in- economy. Transportation projects put As we celebrate National African American strumental role in developing and im- people to work, create economic devel- History Month this February, we recognize the proving the transportation and infra- opment, and provide a better commu- contributions that African-Americans have structure of the United States. African nity. Nothing creates jobs better than made to American history through art, politics, Americans have had significant and infrastructure projects. In fact, the business, and science. Today, we are taking far-reaching influence on all modes of $34.3 billion in the Recovery Act for time to recognize the significant and extensive transportation, leading to major im- transportation projects created 250,000 contributions African-Americans have made to provements in operations, safety, and direct jobs and 760,000 indirect jobs. the transportation systems that connect our security on our railways, airways, and Today we are standing on the shoul- nation, bringing communities together and en- highways. ders of those pioneering giants that abling economic growth and prosperity across Because of the contributions of these came before us. As we make bigger the country. pioneering African Americans, thou- strides each day to improve transpor- Whether we are talking about the develop- sands of young people have been in- tation, we must not forget the ‘‘never ment of our world class aviation system, or spired to a higher calling. Without give up’’ attitude that made these in- our highways or railways, African-Americans their contributions, we wouldn’t have ventions and milestones possible. I have played an important role in the develop- the bicycle, safety gates on bridges, would encourage all Members to vote ment of our nation’s transportation systems turning signals, automatic traffic sig- ‘‘yes’’ on this resolution and show their throughout history. nals, air-conditioned trucks and rail support for the brave men and women In aviation, as a result of the leadership of cars, automatic transmissions, and who against all odds made America a Cornelius R. Coffey in establishing the Coffey hundreds of other inventions that better place to live. School of Aeronautics at Harlem Airport in make transportation safer and more ef- Madam Speaker, I reserve the bal- Chicago, more than 1,500 African-American ficient for everyone. ance of my time. students were trained as pilots and mechanics Transportation also has a storied his- Mr. CAO. Madam Speaker, I rise from 1938 and 1945. Many of the students of tory in the civil rights movement. Ev- today in support of H. Res. 1085 and the Coffey School of Aeronautics went on to eryone knows that Rosa Park’s refusal yield myself such time as I may con- become Tuskegee Airmen. The Tuskegee Air- to move to the back of the bus was one sume. men were the first African-American airmen, of the defining moments in the fight Madam Speaker, I rise in support of aircraft and engine mechanics, armament spe- for equal rights for people of color. H. Res. 1085, a resolution to honor and cialists, radio repairmen, parachute riggers, When I was elected to Congress in celebrate the contributions of African control tower operators, policemen and admin- 1992, I, along with Congressman ALCEE Americans to the transportation infra- istrative clerks during World War II. The serv- HASTINGS and Congresswoman CARRIE structure of the United States. Our ice and performance of the Tuskegee Airmen MEEK, were the first African Americans transportation systems are an every- was instrumental in ending segregation in the to serve in the House of Representa- day part of both our business and our United States military. tives from Florida since Reconstruc- social lives. We take advantage of Benjamin Banneker, a self-educated sci- tion. From the moment I was elected, I transportation infrastructure every entist, astronomer, surveyor, almanac author, fought for a seat on the Transportation day and think little about what it has writer and farmer, is known for many things in- and Infrastructure Committee, and I taken over history to put these modern cluding helping to survey the boundaries of am honored to serve as Chair of the systems in place. what is now the District of Columbia. In addi- Subcommittee on Railroads, Pipelines, Today, as we celebrate African Amer- tion, the precursor to the modern day traffic and Hazardous Materials. ican History Month, it is fitting that light was invented by Garret A. Morgan, who Serving on the Transportation and this House should pay special honor to is credited with the design of the Automatic Infrastructure Committee has allowed those African Americans who have con- Traffic Signal. me to provide good jobs and expand tributed to the creation of the modern Through innovation and invention, African- economic development and new trans- transportation system on which our Americans have had a profound impact on the portation options for the people of my economy depends. development of our world class railway sys- district, my State, and throughout the African Americans have been instru- tem. One of the most notable inventors, Gran- United States. mental in the development of transpor- ville T. Woods, patented dozens of devices Today on the Transportation and In- tation infrastructure in many ways. during his life to improve the railroad system, frastructure Committee, African Amer- They have been pioneers of aviation; including one very notable invention that has icans serve four Chairs in six sub- they were dedicated railroad Pullman improved railway safety by reducing accidents committees, and along with Chairman Porters who saw to the safety and com- and collisions. In 1887, Mr. Woods invented OBERSTAR and other Members, we are fort of passengers; they have been the Synchronous Multiplex Railway Telegraph working to restore fairness for minori- bridge architects and engineers; and that enabled communications between moving ties and women in all aspects of our they have been inventors, developers, and stationary trains, helping railroad engi- Nation’s transportation system. We all and manufacturers of such transpor- neers to determine the distance between do our part to support the Nation’s tation innovations as devices to make trains for the first time, and thereby substan- transportation system, and we all de- refrigerated trucks and railcars pos- tially enhancing safety. serve a seat at the table so we can sible, automatic traffic signals, auto- Through the Civil Rights movement, many build and design the systems of the fu- matic coupling devices for railcars, the influential African-Americans, such as Rosa ture. I often compare it to my grand- electric railway trolley, railway Parks and Homer Plessy, were leaders in so- mother’s delicious sweet potato pie: We switching devices, automatic trans- cial and political movements to desegregate all pay for the ingredients, and we all missions, and safety gates for bridges. transportation, while other African-American deserve a slice of the pie. I believe it is In addition, while making these leaders worked to make significant improve- our duty to ensure that minorities and achievements, these men and women ments to the working conditions and rights of women-owned businesses are able to had to overcome the racial discrimina- transportation workers throughout the nation. compete for contracts as we spend bil- tion of their day. I am pleased to rise I note the significant contributions of the lions of Federal dollars on transpor- today in recognition of their remark- Pullman Porters, who worked on board pas- tation projects. able achievements and urge all Mem- senger trains and who became leaders in the The tragedies in Haiti and the Gulf bers to support the resolution. civil rights and labor movements when they Coast show just how critical our trans- Madam Speaker, I yield back the bal- formed the Brotherhood of Sleeping Car Por- portation systems are to protecting ance of my time. ters in 1925, under the leadership of civil our citizens; without it, we are often Mr. OBERSTAR. Madam Speaker, I rise rights leader A. Philip Randolph. The Brother- helpless. Too often we take our infra- today in strong support of H. Res. 1085, intro- hood of Sleeping Car Porters was the first Af- structure for granted, but it is truly duced by the gentlewoman from Florida (Ms. rican-American labor union to sign a collective what separates a superpower from a BROWN), which honors and celebrates the nu- bargaining agreement with a major U.S. cor- Third World country. merous contributions of African-Americans to poration. The Brotherhood literally paved the Lastly, I would like to talk about the the transportation and infrastructure of the way for union labor throughout this country, importance of transportation to our United States. and fought tirelessly to improve the often

VerDate Mar 15 2010 04:07 May 18, 2010 Jkt 089060 PO 00000 Frm 00042 Fmt 4634 Sfmt 9920 E:\RECORD10\RECFILES\H23FE0.REC H23FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 23, 2010 CONGRESSIONAL RECORD — HOUSE H693 harsh working conditions and low pay that call up House Resolution 1083 and ask points of order against consideration of Pullman Porters and others received. for its immediate consideration. the bill, except for clauses 9 and 10 of I urge my colleagues to join me in cele- The Clerk read the resolution, as fol- rule XXI. The rule makes in order an brating and honoring these African Americans lows: amendment in the nature of a sub- and their important contributions to our na- H. RES. 1083 stitute by Representative ABER- tion’s transportation and infrastructure systems Resolved, That upon the adoption of this CROMBIE, which is debatable for 30 min- by supporting H. Res. 1085. resolution it shall be in order to consider in utes. The rule also makes in order two Ms. CORRINE BROWN of Florida. the House the bill (H.R. 2314) to express the second-degree amendments to the sub- Madam Speaker, I yield back the bal- policy of the United States regarding the stitute. The amendments are to be of- ance of my time. United States relationship with Native Ha- fered by Representative HASTINGS of The SPEAKER pro tempore (Ms. waiians and to provide a process for the rec- Washington and by Representative ognition by the United States of the Native RICHARDSON). The question is on the Hawaiian governing entity. All points of FLAKE of Arizona. The amendments are motion offered by the gentlewoman order against consideration of the bill are each debatable for 10 minutes. Finally, from Florida (Ms. CORRINE BROWN) that waived except those arising under clause 9 or the rule provides one motion to recom- the House suspend the rules and agree 10 of rule XXI. The bill shall be considered as mit, with or without instructions. to the resolution, H. Res. 1085. read. All points of order against provisions of Madam Speaker, I want to thank The question was taken. the bill are waived. The previous question Chairman RAHALL and the hardworking The SPEAKER pro tempore. In the shall be considered as ordered on the bill and staff of the Natural Resources Com- opinion of the Chair, two-thirds being on any amendment thereto to final passage mittee for their dedication to the in the affirmative, the ayes have it. without intervening motion except: (1) one health and welfare of the many native hour of debate equally divided and controlled Ms. CORRINE BROWN of Florida. by the chair and ranking minority member peoples of this country and particu- Madam Speaker, on that I demand the of the Committee on Natural Resources; (2) larly for their work on this important yeas and nays. the amendment in the nature of a substitute legislation. The yeas and nays were ordered. printed in part A of the report of the Com- I also want to thank my colleagues The SPEAKER pro tempore. Pursu- mittee on Rules accompanying this resolu- from Hawaii, Congressman ABER- ant to clause 8 of rule XX and the tion, if offered by Representative Aber- CROMBIE and Congresswoman HIRONO, Chair’s prior announcement, further crombie of Hawaii or his designee, which for bringing this legislation forward in proceedings on this motion will be shall be in order without intervention of any the House, as well as the bill’s original postponed. point of order except those arising under clause 9 or 10 of rule XXI, shall be considered author, Senator AKAKA, for his tireless f as read, and shall be separately debatable for work on behalf of the people of Hawaii in the Senate. CONTINUATION OF THE NATIONAL 30 minutes equally divided and controlled by Our diversity is not only what makes EMERGENCY RELATING TO CUBA the proponent and an opponent; (3) the amendments to the amendment in the na- us great but also what makes us Amer- AND OF THE EMERGENCY AU- ture of a substitute printed in part B of the ican. My home State of Colorado is a THORITY RELATING TO THE report of the Committee on Rules, each of beautiful land with awe-inspiring REGULATION OF THE ANCHOR- which may be offered only by a Member de- mountains and rugged landscapes, but AGE AND MOVEMENT OF VES- signed in the report, shall be in order with- the people are who make it truly beau- SELS—MESSAGE FROM THE out intervention of any point of order except tiful. Colorado’s rich history and di- PRESIDENT OF THE UNITED those arising under clause 10 of rule XXI, verse culture is interwoven with the STATES (H. DOC. NO. 111–94) shall be considered as read, and shall be separately debatable for 10 minutes equally di- Apache, Arapaho, Cheyenne, Pueblo, The SPEAKER pro tempore laid be- vided and controlled by the proponent and an Shoshone, and Ute peoples, who helped fore the House the following message opponent; and (4) one motion to recommit found our State and who continue to from the President of the United with or without instructions. play such an important role in our vi- States; which was read and, together SEC. 2. During consideration of an amend- brant diversity today. with the accompanying papers, referred ment printed in part B of the report of the While Hawaiians celebrate the sun to the Committee on Foreign Affairs Committee on Rules accompanying this resolution, the Chair may postpone the ques- and while Coloradans treasure the and ordered to be printed: tion of adoption as though under clause 8 of snow, the same connection between To the Congress of the United States: rule XX. land and people can be found in the unique beauty of Hawaii. Section 202(d) of the National Emer- b 1615 gencies Act (50 U.S.C. 1622(d)) provides As we have seen in Colorado, with for the automatic termination of a na- The SPEAKER pro tempore. The gen- the Southern Ute and Ute Mountain tional emergency unless, prior to the tleman from Colorado is recognized for Ute and across the country, the U.S. anniversary date of its declaration, the 1 hour. has a longstanding policy of providing President publishes in the Federal Reg- Mr. POLIS. For the purpose of debate its indigenous people—those who exer- ister and transmits to the Congress a only, I yield the customary 30 minutes cised sovereignty until the United notice stating that the emergency is to to the gentleman from Florida (Mr. States expanded its borders into their continue in effect beyond the anniver- DIAZ-BALART). All time yielded during homeland—with an opportunity to or- sary date. In accordance with this pro- consideration of the rule is for debate ganize, to protect and to perpetuate vision, I have sent the enclosed notice only. I yield myself such time as I may their cultures and traditions and to to the Federal Register for publication, consume. look out for their interests. It is only stating that the national emergency GENERAL LEAVE right that all indigenous people should declared with respect to the Govern- Mr. POLIS. I also ask unanimous have a right to determine how they ment of Cuba’s destruction of two un- consent that all Members be given 5 should interact with our government. armed U.S.-registered civilian aircraft legislative days in which to revise and This bill merely brings about parity in in international airspace north of Cuba extend their remarks on House Resolu- the U.S. treatment of its indigenous on February 24, 1996, as amended and tion 1083. people—American Indians, Alaska na- expanded on February 26, 2004, is to The SPEAKER pro tempore. Is there tives and Native Hawaiians. continue in effect beyond March 1, 2010. objection to the request of the gen- H.R. 2314 would establish a Native BARACK OBAMA. tleman from Colorado? Hawaiian interim governing council to THE WHITE HOUSE, February 23, 2010. There was no objection. develop elements of the organic gov- f Mr. POLIS. Madam Speaker, House erning documents and other criteria Resolution 1083 provides for consider- for the Native Hawaiian governing en- PROVIDING FOR CONSIDERATION ation of H.R. 2314, the Native Hawaiian tity. These documents would detail the OF H.R. 2314, NATIVE HAWAIIAN Government Reorganization Act of powers and authorities of the gov- GOVERNMENT REORGANIZATION 2009, under a structured rule. The rule erning entity, but they would also in- ACT OF 2009 provides for 1 hour of debate in the clude membership criteria as well as Mr. POLIS. Madam Speaker, by di- House, controlled by the Committee on requirements for the election of gov- rection of the Committee on Rules, I Natural Resources. The rule waives all ernment officials.

VerDate Mar 15 2010 04:07 May 18, 2010 Jkt 089060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H23FE0.REC H23FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H694 CONGRESSIONAL RECORD — HOUSE February 23, 2010 The Secretary of the Interior would tions of Native Hawaiians and to pro- pointed out in terms of its importance be required to certify that the organic mote the diversity of cultures every- to the American people by a recent documents meet specified criteria and where that make our country so great. opinion research poll which found that are consistent with applicable Federal I ask you to end half a century of ne- 84 percent of Americans think that law and our Constitution. After this glect and to provide the Native Hawai- Congress has not done enough for the certification, the government-to-gov- ians with the same representation pro- creation of jobs. I think what the ma- ernment relationship with the Native vided to other native peoples across the jority is doing today will simply rein- Hawaiians should be reaffirmed. country. force that belief by the American peo- It is also worth mentioning that I reserve the balance of my time. ple. these were the conditions set forward Mr. LINCOLN DIAZ-BALART of Madam Speaker, I thank the major- by the United States and that Hawaii Florida. I would like to thank my ity for their uncharacteristic gen- agreed to in Statehood. These condi- friend, the gentleman from Colorado erosity in allowing the House to debate tions of Statehood were set forth in the (Mr. POLIS) for the time, and I yield both of the Republican amendments Admissions Act, signed August 21, 1959, myself such time as I may consume. submitted to the Rules Committee for which posed that the State of Hawaii Last week, the Department of Labor, consideration. Unfortunately, over a would assume administration of the Madam Speaker, reported that Ameri- year into this Congress, the purport- congressionally established Hawaiian cans filed 473,000 jobless claims in the edly most open and bipartisan Congress Homes Commission Act trust, as well week ending February 13. That is an in- in history, the majority has yet to as ensure that former Hawaiian Gov- crease of 31,000 more claims than the allow even one open rule. That’s quite ernment public lands held in trust previous week. It is truly unfortunate unfortunate, but yet it is business as would be utilized for one of five pur- that the number of jobless claims con- usual for the majority to continue to poses, including the betterment of the tinues to rise 1 year after the passage claim bipartisanship while working to conditions of Native Hawaiians. of the massive so-called ‘‘stimulus block full and open debate. Like American Indians, Native Ha- bill.’’ Take, for example, the district I reserve the balance of my time. waiians have no other homeland to that I am honored to represent. Ac- Mr. POLIS. Madam Speaker, again, I keep their culture alive. Like Amer- cording to Recovery.gov, the adminis- would like to establish that there were ican Indians, disenfranchisement has tration’s stimulus Web site, the stim- exactly two amendments proposed to left Native Hawaiians at the bottom of ulus bill spent $185 million to create 310 this piece of legislation, both by mem- national health, education and eco- jobs. That was at a cost of $600,000 per bers of the Republican Party, and both nomic rankings. Through all of this, job. will be allowed for floor consideration however, Native Hawaiians continue to Now, Madam Speaker, what worries under this rule. maintain their cultural identity and me even more than the $1 trillion so- With that, I yield 3 minutes to the dignity as a distinct native commu- called ‘‘stimulus bill’’ is the fact that gentlewoman from Hawaii (Ms. nity. it continues the process of adding to HIRONO). This bill would reaffirm the Federal our national debt at a time when we Ms. HIRONO. Thank you very much. delegation of authority to the State of can least afford it. It is expected that Madam Speaker, I rise today in sup- Hawaii, found in the State’s Admis- the deficit, in large part due to the port of the rule for H.R. 2314, the Na- sions Act, and would provide Native waste of money in the stimulus bill, is tive Hawaiian Government Reorganiza- Hawaiians with the tools and status set to hit a record $1.6 trillion. The tion Act. needed to preserve their vibrant cul- U.S. economy is dangerously close to I appreciate the leadership of Chair- ture and unique heritage for future the catastrophic precipice of uncon- woman SLAUGHTER, of Congressman generations. trollable debt. We must urgently alter POLIS and of the work of the Rules Last year, Madam Speaker, Hawaii Washington’s fiscal course before the Committee in crafting a fair rule. All celebrated the 50th anniversary of its American middle class, as we know it, amendments submitted to the Rules Statehood. It is long past time that is relegated to the history books. Committee were made in order, includ- Congress grants the same opportunity Why do I mention the stimulus and ing two amendments from the minor- for self-determination to Native Ha- the state of our economy? To point out ity. waiians. that, while our economy continues to As coauthor of this bill, I am con- In 2000, the Hawaii Congressional stumble and to stutter and as jobless cerned about the impact and intent of Delegation offered the first Native Ha- claims rise, the majority has decided the Hastings and Flake amendments. waiian Government Reorganization to pass legislation that would recog- However, the openness and fairness of Act. Since then, Congress has held six nize Native Hawaiians as a sovereign the rule is consistent with a bill that joint hearings of the Senate Com- governing entity. Now, just 2 months has been more than 10 years in the mittee on Indian Affairs and of the ago, the distinguished Speaker de- making. House Natural Resources Committee, clared that her party should be judged There have been 12 congressional five of which were in Hawaii, with a on the issue of ‘‘jobs, jobs, jobs.’’ hearings on this bill, five of which were total of 12 congressional hearings with- How does the bill before us today held in Hawaii. It has been marked up in the last 9 years on the issue. The have anything to do with job creation? by committees in both Chambers. The House has passed this legislation twice, I understand that this is the last House passed the bill twice—first in in the 106th and 110th Congresses. week in Congress for my good friend, 2000 and again in 2007. While the bill has evolved over the one of the most respected Members of The rule also makes in order the years and has received input from this House, Representative ABER- Abercrombie substitute amendment, many stakeholders, it has maintained CROMBIE. I know I join all Members of which reflects a compromise between true to its intent to extend the Federal the House in thanking him for his the Hawaii Congressional Delegation, policy of self-governance and self-de- great work as a Member of this House the State of Hawaii, the Obama admin- termination to Native Hawaiians for and also for his friendship. As I say, I istration, Indian Country, and the Na- the purposes of a federally recognized have great respect for him. tive Hawaiian community. government-to-government relation- Last night, he testified before the There have been many falsehoods and ship. This has received broad support Rules Committee about his work on inaccurate statements made about this from organizations and people across the underlying legislation. He told us bill over the years. One of the many the ideological spectrum and the State that he first began working on this misrepresentations is that this bill is of Hawaii. issue when he was in the Hawaii legis- race-based legislation. Native Hawai- As a Representative of Native Ameri- lature in 1974. It was very clear from ians are the native indigenous people of cans who live in Colorado’s Second his testimony that this is a very im- Hawaii. They were in Hawaii as long Congressional District, I urge my col- portant issue for him, and I congratu- ago as 300 B.C., long before Captain leagues in Congress to join me in pass- late him for his hard work. Cook’s so-called ‘‘discovery’’ of the ing this rule to honor and respect, not Yet there is an undeniable issue here Sandwich Isles, as he named this chain just this generation, but future genera- that I have made reference to that was of islands.

VerDate Mar 15 2010 04:07 May 18, 2010 Jkt 089060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H23FE0.REC H23FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 23, 2010 CONGRESSIONAL RECORD — HOUSE H695 The U.S. Supreme Court has repeat- over the years to fight for a strong agenda for relationship whose formation in the construct edly held that legislation enacted to our Native communities. proposed by the legislation is entirely fitting address the special needs and condi- I applaud him for his work on this legislation and appropriate in the context of case law and tions of the native people of the United that will finally reaffirm the inherent sov- precedent. It is merely because of historical States does not constitute discrimina- ereignty of the Native Hawaiian people. His circumstances that we are called to action tion on the basis of race or ethnicity. dedication over the years should be com- now, 50 years after statehood. I support the The sovereign status of Indian tribes mended and his service and friendship will be substitute amendment, and the purpose of the recognized by the Constitution was greatly missed. underlying bill. I wish our colleague, Mr. ABER- later extended to Alaska natives as in- Mr. Speaker, this legislation will once and CROMBIE, the best in all of his future endeav- digenous people. On this same basis, for all clarify the relationship between Native ors and thank him for his service in this institu- Congress has enacted legislation for Hawaiians and the United States Government. tion and commend him for his work on this im- the aboriginal, indigenous people of Congress has passed over 150 statutes ad- portant legislation. I urge passage of H.R. Hawaii. The Constitution, including dressing the needs of Native Hawaiians. In 2314. the Indian affairs powers, extends to 1993, Congress passed an apology bill ac- Mr. HONDA. Mr. Speaker, I rise today to ex- the original and all subsequently acknowledging the role of the Unites States Gov- press my support for H.R. 2314, the Native quired territory of the United States. ernment in the overthrow of the Hawaiian Na- Hawaiian Government Reorganization Act of For example, in the Louisiana Pur- tion in 1893. That bill recognized that the Na- 2009. Passage of this legislation is a top pri- chase Treaty of 1803, President Thomas tive Hawaiians never directly relinquished their ority of the Congressional Asian Pacific Amer- Jefferson bound the United States to inherent sovereignty. ican Caucus, which I currently chair. honor the treaties between Spain, Mr. Speaker, H.R. 2314, will finally provide I commend Representative NEIL ABER- which held Louisiana prior to France, for the reorganization of a Native Hawaiian CROMBIE, sponsor of the bill, and the House and Indian tribes until such time as Government and provides for Federal recogni- Committee on Natural Resources for recog- the United States entered into its own tion of the Native Hawaiians. nizing the importance of self-determination to treaties with the tribes. It is long past time that we clarify that status the Native Hawaiian people. In 1867, in the Treaty of Cession with of Native Hawaiians in this country. I strongly Russia for what is now the State of urge my colleagues to support this important In 1893, the monarchy of the Kingdom of Alaska, the United States agreed to legislation for Native Hawaiians. Hawai’i was overthrown by agents of the pass laws for the benefit of Alaska na- Ms. BORDALLO. Mr. Speaker, I rise in United States. This has created wounds and tives just as it does for natives in the strong support of H.R. 2314, legislation that issues that have never been addressed or re- lower 48 States. The Supreme Court has been championed by the Senators from solved. The United States took an important ruled in Sandoval v. United States that the State of Hawaii in the other body and our first step in reconciling this part of history by the Indian affairs power extends to all colleagues in the House of Representatives passing a resolution which acknowledged the distinctly native communities within representing the Aloha State. Those of us who overthrow of the Kingdom of Hawai’i and of- the borders of the United States. are privileged to serve on the Committee on fered an apology to Native Hawaiians. While Congress’ authority is not Natural Resources with our colleague, the dis- While these are laudable efforts, H.R. 2314 without limit, it clearly can act on be- tinguished gentleman from Hawaii, Mr. ABER- would continue the reconciliation and healing half of ‘‘distinctly Indian’’—which CROMBIE, have witnessed his tireless efforts on process by providing Native Hawaiians the means ‘‘native’’—communities. Con- behalf of preserving Native Hawaiian culture same right of self governance and self deter- gress, so long as it is not arbitrary, and in improving the federal relationship with mination that is afforded to other indigenous may rationally act to benefit the na- the Native Hawaiian people. His passion and peoples. Since Hawaii was annexed as a terri- tive people. Native Hawaiians are dis- deep resolve on the issues important to his tory, the United States has treated Native Ha- tinctly native. They have their own State and our country, as well as working waiians in a manner similar to that of Amer- sovereign nation. They have their own class families, is revered and respected. It is ican Indians and Alaska Natives. This bill language, culture, religion, traditional fitting that the House take up this legislation would formalize that relationship and establish economy. They are the aboriginal, in- during his final days of service in this Con- parity in federal policies towards all of our indigenous people of Hawaii. gress, and I want to emphasize on behalf of digenous peoples. I urge my colleagues to support the the people of Guam, who I represent, my sup- I urge all of my colleagues to support H.R. passage of this rule. port for its swift passage and enactment. 2314 and afford Native Hawaiians the oppor- This is an indigenous peoples issue, and Mr. LINCOLN DIAZ-BALART of tunity for self determination and self govern- the indigenous peoples of the offshore terri- Florida. Madam Speaker, I yield back ance. the balance of my time. tories are especially sensitive to the situation at-hand with regard to Native Hawaiians. Our Mr. POLIS. I yield back the balance b 1630 governance system must be devised and of my time, and I move the previous Mr. POLIS. Madam Speaker, for shaped to respect their culture and to allow for question on the resolution. more than 200 years, Congress, the ex- their needs to be adequately addressed. I ask The previous question was ordered. ecutive branch, and the Supreme Court Members to recall the history of the annex- The SPEAKER pro tempore. The have recognized certain legal rights ation of their islands under the U.S. Flag and question is on the resolution. and protections for America’s indige- the overthrow of their Kingdom, for which Con- The question was taken; and the nous people. It’s the moral and legal gress has previously recognized and extended Speaker pro tempore announced that responsibility of Congress to reaffirm a an apology. There are unique historical cir- the ayes appeared to have it. political relationship with the native cumstances which give rise to this debate and Mr. POLIS. Madam Speaker, on that peoples of Hawaii, and H.R. 2314 will to this legislation. We have heard today the I demand the yeas and nays. achieve this purpose. passionate and thoughtfully expressed ap- Madam Speaker, I ask my colleagues peals for our favorable action on the question The yeas and nays were ordered. to pass this very fair rule that includes of passage before us. We should be moved The SPEAKER pro tempore. Pursu- both Republican amendments that not only by the gravity of this debate, but also ant to clause 8 of rule XX, this 15- were filed and to allow for the further by the impartial review of the facts before us minute vote on adopting House Resolu- consideration of this bill on the floor of and because of what this means for our coun- tion 1083 will be followed by 5-minute the House of Representatives. try and our obligations as legislators. votes on motions to suspend the rules Mr. KILDEE. Mr. Speaker, today I rise in The native people of the Hawaiian Islands with regard to: strong support of H.R. 2314, the Native Ha- deserve no less than our resolve to accord House Resolution 1066; waiian Government Reorganization Act of them due legal rights and protections con- House Resolution 1059; 2009. sistent with our national trust and obligation to House Resolution 1039; and I want to thank my dear friend and col- native peoples of the lands for which the U.S. league Congressman NEIL ABERCROMBIE of Flag now flies. Through passage of H.R. 2314 House Resolution 1046. Hawaii who introduced this legislation. As co- we will affirm a political relationship between The vote was taken by electronic de- chair of the Native American Caucus, I have our national Government directly with the na- vice, and there were—yeas 238, nays had the privilege of working alongside him tive people of these beautiful islands. It is a 165, not voting 29, as follows:

VerDate Mar 15 2010 04:07 May 18, 2010 Jkt 089060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H23FE0.REC H23FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H696 CONGRESSIONAL RECORD — HOUSE February 23, 2010 [Roll No. 51] Davis (KY) King (NY) Platts [Roll No. 52] Deal (GA) Kingston Poe (TX) YEAS—238 Dent Kirk Posey YEAS—406 Abercrombie Green, Al Nye Diaz-Balart, L. Kline (MN) Putnam Abercrombie DeGette Kildee Ackerman Green, Gene Oberstar Diaz-Balart, M. Lamborn Rehberg Ackerman Delahunt Kilpatrick (MI) Adler (NJ) Gutierrez Obey Dreier Lance Roe (TN) Aderholt DeLauro Kilroy Altmire Hall (NY) Olver Duncan Latham Rogers (AL) Adler (NJ) Dent Kind Arcuri Halvorson Ortiz Ehlers LaTourette Rogers (KY) Akin Diaz-Balart, L. King (IA) Emerson Latta Rogers (MI) Alexander Diaz-Balart, M. Baca Hare Owens King (NY) Fallin Lee (NY) Rohrabacher Altmire Dicks Kingston Baird Harman Pallone Flake Lewis (CA) Rooney Arcuri Dingell Kirk Baldwin Hastings (FL) Pascrell Fleming Linder Roskam Austria Doggett Kirkpatrick (AZ) Barrow Heinrich Pastor (AZ) Forbes LoBiondo Royce Baca Donnelly (IN) Kissell Bean Herseth Sandlin Perlmutter Fortenberry Lucas Ryan (WI) Bachmann Doyle Klein (FL) Becerra Higgins Perriello Berkley Hill Foxx Luetkemeyer Scalise Bachus Dreier Kline (MN) Peters Franks (AZ) Lummis Schmidt Baird Driehaus Kosmas Berman Hinchey Peterson Berry Hirono Frelinghuysen Lungren, Daniel Schock Baldwin Duncan Kratovil Pingree (ME) Gallegly E. Sensenbrenner Barrow Edwards (MD) Kucinich Bishop (GA) Holden Polis (CO) Bishop (NY) Holt Garrett (NJ) Manzullo Sessions Bartlett Edwards (TX) Lamborn Pomeroy Blumenauer Honda Gerlach Marchant Shadegg Barton (TX) Ehlers Lance Price (NC) Boccieri Hoyer Gingrey (GA) McCarthy (CA) Shimkus Bean Ellison Langevin Quigley Boren Inslee Gohmert McCaul Shuler Becerra Ellsworth Larsen (WA) Rahall Boswell Israel Goodlatte McClintock Shuster Berkley Emerson Larson (CT) Rangel Boucher Jackson (IL) Granger McCotter Simpson Berman Engel Latham Boyd Jackson Lee Reyes Graves McHenry Smith (NE) Berry Eshoo LaTourette Brady (PA) (TX) Richardson Griffith McKeon Smith (NJ) Biggert Etheridge Latta Braley (IA) Johnson, E. B. Rodriguez Guthrie McMorris Smith (TX) Bilbray Fallin Lee (CA) Bright Kagen Ross Hall (TX) Rodgers Souder Bilirakis Farr Lee (NY) Brown, Corrine Kanjorski Rothman (NJ) Harper Mica Stearns Bishop (GA) Fattah Levin Butterfield Kaptur Roybal-Allard Hastings (WA) Miller (FL) Sullivan Bishop (NY) Filner Lewis (CA) Cao Kennedy Ruppersberger Heller Miller (MI) Terry Bishop (UT) Flake Lewis (GA) Capuano Kildee Rush Hensarling Miller, Gary Thompson (PA) Blackburn Fleming Linder Cardoza Kilpatrick (MI) Salazar Herger Minnick Thornberry Blumenauer Forbes Lipinski Carney Kilroy Sa´ nchez, Linda Himes Murphy, Tim Tiahrt Boccieri Fortenberry LoBiondo Carson (IN) Kind T. Hunter Myrick Tiberi Boehner Foster Loebsack Castor (FL) Kirkpatrick (AZ) Sanchez, Loretta Inglis Neugebauer Turner Bonner Foxx Lofgren, Zoe Chandler Kissell Sarbanes Issa Nunes Upton Boozman Frank (MA) Lowey Childers Klein (FL) Schakowsky Jenkins Olson Walden Boren Franks (AZ) Lucas Chu Kosmas Schauer Johnson (IL) Paul Westmoreland Boswell Frelinghuysen Luetkemeyer Clarke Kratovil Schiff Johnson, Sam Paulsen Wilson (SC) Boucher Fudge Luja´ n Clay Kucinich Schrader Jones Pence Wittman Boustany Gallegly Lummis Cleaver Langevin Schwartz Jordan (OH) Petri Wolf Boyd Garrett (NJ) Lungren, Daniel Clyburn Larsen (WA) Scott (GA) King (IA) Pitts Young (FL) Brady (PA) Gerlach E. Brady (TX) Giffords Lynch Cohen Larson (CT) Scott (VA) NOT VOTING—29 Connolly (VA) Lee (CA) Serrano Braley (IA) Gingrey (GA) Maffei Bright Gohmert Conyers Levin Sestak Andrews Grijalva Radanovich Maloney Broun (GA) Gonzalez Manzullo Cooper Lewis (GA) Shea-Porter Barrett (SC) Hinojosa Reichert Brown (SC) Goodlatte Marchant Costa Lipinski Sherman Blunt Hodes Ros-Lehtinen Brown, Corrine Gordon (TN) Markey (CO) Courtney Loebsack Skelton Bono Mack Hoekstra Ryan (OH) Brown-Waite, Granger Markey (MA) Crowley Lofgren, Zoe Slaughter Cantor Johnson (GA) Sires Capps Mack Ginny Graves Marshall Cuellar Lowey Smith (WA) Speier Carnahan Moore (WI) Buchanan Grayson Massa Cummings Luja´ n Snyder Stark Costello Moran (KS) Burgess Green, Al Matheson Dahlkemper Lynch Space Wamp Culberson Payne Burton (IN) Green, Gene Matsui Davis (AL) Maffei Spratt Wilson (OH) Garamendi Price (GA) Butterfield Griffith McCarthy (CA) Davis (CA) Maloney Stupak Davis (IL) Markey (CO) Buyer Grijalva McCarthy (NY) Sutton Davis (TN) Markey (MA) b 1657 Calvert Guthrie McCaul Tanner DeFazio Marshall Camp Gutierrez McClintock Taylor Messrs. WILSON of South Carolina, DeGette Massa Campbell Hall (NY) McCollum Teague Delahunt Matheson SMITH of Nebraska, and NUNES Cantor Hall (TX) McCotter Thompson (CA) DeLauro Matsui changed their vote from ‘‘yea’’ to Cao Halvorson McDermott Dicks McCarthy (NY) Thompson (MS) ‘‘nay.’’ Capito Hare McGovern Tierney Capuano Harman McHenry Dingell McCollum Mr. HEINRICH changed his vote from Doggett McDermott Titus Cardoza Harper McIntyre Donnelly (IN) McGovern Tonko ‘‘nay’’ to ‘‘yea.’’ Carney Hastings (FL) McKeon Doyle McIntyre Towns So the resolution was agreed to. Carson (IN) Hastings (WA) McMahon Driehaus McMahon Tsongas The result of the vote was announced Carter Heinrich McMorris Edwards (MD) McNerney Van Hollen Cassidy Heller Rodgers Edwards (TX) Meek (FL) Vela´ zquez as above recorded. Castle Hensarling McNerney Ellison Meeks (NY) Visclosky A motion to reconsider was laid on Castor (FL) Herger Meek (FL) Ellsworth Melancon Walz the table. Chaffetz Herseth Sandlin Meeks (NY) Engel Michaud Wasserman Chandler Higgins Melancon Eshoo Miller (NC) Schultz f Childers Hill Mica Etheridge Miller, George Waters Chu Himes Michaud Farr Mitchell Watson RECOGNIZING THE BRAVERY AND Clarke Hinchey Miller (FL) Fattah Mollohan Watt EFFORTS OF THE MEMBERS OF Clay Hirono Miller (MI) Filner Moore (KS) Waxman OPERATION UNIFIED RESPONSE Cleaver Holden Miller (NC) Foster Moran (VA) Weiner Clyburn Holt Miller, Gary Frank (MA) Murphy (CT) Welch The SPEAKER pro tempore. The un- Coble Honda Miller, George Fudge Murphy (NY) Whitfield finished business is the vote on the mo- Coffman (CO) Hoyer Minnick Cohen Hunter Mitchell Giffords Murphy, Patrick Woolsey tion to suspend the rules and agree to Gonzalez Nadler (NY) Wu Cole Inglis Mollohan Gordon (TN) Napolitano Yarmuth the resolution, H. Res. 1066, on which Conaway Inslee Moore (KS) Grayson Neal (MA) Young (AK) the yeas and nays were ordered. Connolly (VA) Israel Moore (WI) The Clerk read the title of the resolu- Conyers Issa Moran (VA) NAYS—165 Cooper Jackson (IL) Murphy (CT) tion. Costa Jackson Lee Murphy (NY) Aderholt Boehner Calvert The SPEAKER pro tempore. The Courtney (TX) Murphy, Patrick Akin Bonner Camp question is on the motion offered by Crenshaw Jenkins Murphy, Tim Alexander Boozman Campbell Crowley Johnson (GA) Myrick Austria Boustany Capito the gentleman from Missouri (Mr. Cuellar Johnson (IL) Nadler (NY) Bachmann Brady (TX) Carter SKELTON) that the House suspend the Cummings Johnson, E. B. Napolitano Bachus Broun (GA) Cassidy rules and agree to the resolution, H. Dahlkemper Johnson, Sam Neal (MA) Bartlett Brown (SC) Castle Davis (AL) Jones Neugebauer Barton (TX) Brown-Waite, Chaffetz Res. 1066. Davis (IL) Jordan (OH) Nunes Biggert Ginny Coble This will be a 5-minute vote. Davis (KY) Kagen Nye Bilbray Buchanan Coffman (CO) The vote was taken by electronic de- Davis (TN) Kanjorski Oberstar Bilirakis Burgess Cole vice, and there were—yeas 406, nays 0, Deal (GA) Kaptur Obey Bishop (UT) Burton (IN) Conaway DeFazio Kennedy Olson Blackburn Buyer Crenshaw not voting 26, as follows:

VerDate Mar 15 2010 04:07 May 18, 2010 Jkt 089060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H23FE0.REC H23FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 23, 2010 CONGRESSIONAL RECORD — HOUSE H697 Olver Ryan (WI) Tanner The vote was taken by electronic de- Murphy, Tim Ros-Lehtinen Stearns Ortiz Salazar Taylor vice, and there were—yeas 406, nays 0, Myrick Roskam Stupak Pallone Sa´ nchez, Linda Teague Nadler (NY) Ross Sullivan Pascrell T. Terry not voting 26, as follows: Napolitano Rothman (NJ) Sutton Pastor (AZ) Sanchez, Loretta Neal (MA) Roybal-Allard Thompson (CA) [Roll No. 53] Tanner Paulsen Sarbanes Thompson (MS) Neugebauer Royce Taylor Pence Scalise Thompson (PA) YEAS—406 Nunes Ruppersberger Teague Perlmutter Schakowsky Thornberry Nye Rush Terry Perriello Schauer Abercrombie Davis (KY) Johnson, E. B. Oberstar Ryan (WI) Tiahrt Thompson (CA) Peters Schiff Ackerman Davis (TN) Johnson, Sam Obey Salazar Tiberi Thompson (MS) Peterson Schmidt Aderholt Deal (GA) Jones Olson Sa´ nchez, Linda Tierney Petri Schock Adler (NJ) DeFazio Jordan (OH) Olver T. Thompson (PA) Pingree (ME) Schrader Titus Akin DeGette Kagen Ortiz Sanchez, Loretta Thornberry Pitts Schwartz Tonko Alexander Delahunt Kanjorski Owens Sarbanes Tiahrt Platts Scott (GA) Towns Altmire DeLauro Kaptur Pallone Scalise Tiberi Poe (TX) Scott (VA) Tsongas Arcuri Dent Kennedy Pascrell Schakowsky Tierney Polis (CO) Sensenbrenner Turner Austria Diaz-Balart, L. Kildee Pastor (AZ) Schauer Titus Pomeroy Serrano Upton Baca Diaz-Balart, M. Kilpatrick (MI) Paulsen Schiff Tonko Posey Sessions Van Hollen Bachmann Dicks Kilroy Pence Schmidt Towns Price (NC) Sestak Vela´ zquez Bachus Dingell Kind Perlmutter Schock Tsongas Putnam Shadegg Visclosky Baird Doggett King (IA) Perriello Schrader Turner Baldwin Quigley Shea-Porter Walden Donnelly (IN) King (NY) Peters Schwartz Upton Barrow Doyle Kingston Rahall Sherman Walz Peterson Scott (GA) Van Hollen Bartlett Dreier Kirk Rangel Shimkus Wasserman Petri Scott (VA) Vela´ zquez Barton (TX) Driehaus Kirkpatrick (AZ) Rehberg Shuler Schultz Pingree (ME) Sensenbrenner Visclosky Bean Duncan Kissell Reyes Shuster Pitts Serrano Walden Waters Becerra Edwards (MD) Klein (FL) Richardson Simpson Watson Platts Sessions Walz Rodriguez Berkley Edwards (TX) Kline (MN) Skelton Watt Poe (TX) Sestak Wasserman Roe (TN) Slaughter Berman Ehlers Kosmas Polis (CO) Shadegg Waxman Schultz Rogers (AL) Smith (NE) Berry Ellison Kratovil Pomeroy Shea-Porter Weiner Waters Rogers (KY) Smith (NJ) Biggert Ellsworth Kucinich Posey Sherman Welch Watson Rogers (MI) Smith (TX) Bilbray Emerson Lamborn Price (NC) Shimkus Watt Rohrabacher Smith (WA) Westmoreland Bilirakis Engel Lance Putnam Shuler Waxman Rooney Snyder Whitfield Bishop (GA) Eshoo Langevin Quigley Shuster Weiner Ros-Lehtinen Souder Wilson (SC) Bishop (NY) Etheridge Larsen (WA) Rahall Simpson Roskam Space Wittman Bishop (UT) Fallin Larson (CT) Rangel Skelton Welch Ross Speier Wolf Blackburn Farr Latham Rehberg Slaughter Westmoreland Rothman (NJ) Spratt Woolsey Blumenauer Fattah LaTourette Reyes Smith (NE) Whitfield Roybal-Allard Stearns Wu Boccieri Filner Latta Richardson Smith (NJ) Wilson (SC) Royce Stupak Yarmuth Boehner Flake Lee (CA) Rodriguez Smith (TX) Wittman Ruppersberger Sullivan Young (AK) Bonner Fleming Lee (NY) Roe (TN) Smith (WA) Wolf Rush Sutton Young (FL) Boozman Forbes Levin Rogers (AL) Snyder Woolsey Boren Fortenberry Lewis (CA) Rogers (KY) Souder Wu NOT VOTING—26 Boswell Foster Lewis (GA) Rogers (MI) Space Yarmuth Andrews Garamendi Price (GA) Boucher Foxx Linder Rohrabacher Speier Young (AK) Boustany Frank (MA) Lipinski Barrett (SC) Hinojosa Radanovich Rooney Spratt Young (FL) Boyd Franks (AZ) LoBiondo Blunt Hodes Reichert Brady (PA) Frelinghuysen Loebsack NOT VOTING—26 Bono Mack Hoekstra Ryan (OH) Capps Mack Brady (TX) Fudge Lofgren, Zoe Andrews Garamendi Price (GA) Sires Braley (IA) Gallegly Lowey Carnahan Moran (KS) Barrett (SC) Hinojosa Radanovich Stark Bright Garrett (NJ) Lucas Costello Owens Wamp Blunt Hodes Reichert Culberson Paul Broun (GA) Gerlach Luetkemeyer Bono Mack Hoekstra Wilson (OH) ´ Ryan (OH) Davis (CA) Payne Brown (SC) Giffords Lujan Capps Mack Brown, Corrine Gingrey (GA) Lummis Sires Carnahan Moore (KS) Stark ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Brown-Waite, Gohmert Lungren, Daniel Chaffetz Moran (KS) Ginny Gonzalez E. Wamp The SPEAKER pro tempore (Mr. Costello Paul Wilson (OH) Buchanan Goodlatte Lynch Culberson Payne COHEN) (during the vote). There are 2 Burgess Gordon (TN) Maffei minutes remaining in this vote. Burton (IN) Granger Maloney ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Butterfield Graves Manzullo The SPEAKER pro tempore (during b 1706 Buyer Grayson Marchant Calvert Green, Al Markey (CO) the vote). There are 2 minutes remain- Mr. BACHUS changed his vote from Camp Green, Gene Markey (MA) ing in this vote. ‘‘nay’’ to ‘‘yea.’’ Campbell Griffith Marshall So (two-thirds being in the affirma- Cantor Grijalva Massa b 1714 Cao Guthrie Matheson tive) the rules were suspended and the Capito Gutierrez Matsui So (two-thirds being in the affirma- resolution was agreed to. Capuano Hall (NY) McCarthy (CA) tive) the rules were suspended and the The result of the vote was announced Cardoza Hall (TX) McCarthy (NY) resolution, as amended, was agreed to. as above recorded. Carney Halvorson McCaul The result of the vote was announced Carson (IN) Hare McClintock A motion to reconsider was laid on Carter Harman McCollum as above recorded. the table. Cassidy Harper McCotter The title of the resolution was Castle Hastings (FL) McDermott f amended so as to read: ‘‘Honoring the Castor (FL) Hastings (WA) McGovern heroism of the seven United States HONORING THE HEROISM OF THE Chandler Heinrich McHenry Childers Heller McIntyre Agency for International Development, SEVEN URBAN SEARCH AND Chu Hensarling McKeon Office of U.S. Foreign Disaster Assist- RESCUE TEAMS DEPLOYED TO Clarke Herger McMahon ance, and Federal Emergency Manage- HAITI Clay Herseth Sandlin McMorris Cleaver Higgins Rodgers ment Agency supported urban search The SPEAKER pro tempore. The un- Clyburn Hill McNerney and rescue teams deployed to Haiti finished business is the vote on the mo- Coble Himes Meek (FL) from New York City, New York, Fair- Coffman (CO) Hinchey Meeks (NY) tion to suspend the rules and agree to Cohen Hirono Melancon fax County, Virginia, Los Angeles the resolution, H. Res. 1059, as amend- Cole Holden Mica County, California, the City of Miami, ed, on which the yeas and nays were or- Conaway Holt Michaud Florida, Miami-Dade County, Florida, dered. Connolly (VA) Honda Miller (FL) and Virginia Beach, Virginia, and com- Conyers Hoyer Miller (MI) The Clerk read the title of the resolu- Cooper Hunter Miller (NC) mending their dedication and assist- tion. Costa Inglis Miller, Gary ance in the aftermath of the January The SPEAKER pro tempore. The Courtney Inslee Miller, George 12, 2010, Haitian earthquake.’’. Crenshaw Israel Minnick question is on the motion offered by Crowley Issa Mitchell A motion to reconsider was laid on the gentleman from New York (Mr. Cuellar Jackson (IL) Mollohan the table. MCMAHON) that the House suspend the Cummings Jackson Lee Moore (WI) Stated for: rules and agree to the resolution, H. Dahlkemper (TX) Moran (VA) Mr. CHAFFETZ. Mr. Speaker, on rollcall No. Davis (AL) Jenkins Murphy (CT) Res. 1059, as amended. Davis (CA) Johnson (GA) Murphy (NY) 53 I was unavoidably detained. Had I been This will be a 5-minute vote. Davis (IL) Johnson (IL) Murphy, Patrick present, I would have voted ‘‘yea.’’

VerDate Mar 15 2010 04:07 May 18, 2010 Jkt 089060 PO 00000 Frm 00047 Fmt 4634 Sfmt 9920 E:\RECORD10\RECFILES\H23FE0.REC H23FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H698 CONGRESSIONAL RECORD — HOUSE February 23, 2010 AMERICAN HEART MONTH AND Johnson (GA) Meeks (NY) Sarbanes The result of the vote was announced Johnson (IL) Melancon Scalise NATIONAL WEAR RED DAY Johnson, E. B. Mica Schakowsky as above recorded. The SPEAKER pro tempore. The un- Johnson, Sam Michaud Schauer A motion to reconsider was laid on Jones Miller (FL) Schiff the table. finished business is the question on Jordan (OH) Miller (MI) Schmidt suspending the rules and agreeing to Kagen Miller (NC) Schock f the resolution, H. Res. 1039. Kanjorski Miller, Gary Schrader The Clerk read the title of the resolu- Kaptur Miller, George Schwartz KILDEE CASTS HISTORIC VOTE Kennedy Minnick Scott (GA) tion. Kildee Mitchell Scott (VA) (Mr. HOYER asked and was given The SPEAKER pro tempore. The Kilpatrick (MI) Mollohan Sensenbrenner permission to address the House for 1 question is on the motion offered by Kilroy Moore (KS) Serrano Kind Moore (WI) Sessions minute.) the gentleman from Massachusetts King (IA) Moran (VA) Sestak Mr. HOYER. Ladies and gentlemen of (Mr. LYNCH) that the House suspend King (NY) Murphy (CT) Shadegg the House, there are times when we the rules and agree to the resolution, Kingston Murphy (NY) Shea-Porter have the opportunity to witness a par- H. Res. 1039. Kirk Murphy, Patrick Sherman Kirkpatrick (AZ) Murphy, Tim Shimkus ticular historical event. We are about The question was taken. Kissell Myrick Shuler to do that now. The gentleman from The SPEAKER pro tempore. In the Klein (FL) Nadler (NY) Shuster Michigan, my dear friend, DALE KIL- opinion of the Chair, two-thirds being Kline (MN) Napolitano Simpson Kosmas Neal (MA) Skelton DEE, is the epitome of gentleman. I in the affirmative, the ayes have it. Kratovil Neugebauer Slaughter don’t think there is a person in this Mr. CONNOLLY of Virginia. Mr. Kucinich Nunes Smith (NE) House that doesn’t think that DALE Speaker, on that I demand the yeas Lamborn Nye Smith (NJ) KILDEE is a thoughtful, considerate, Lance Oberstar Smith (TX) and nays. Langevin Obey Smith (WA) compassionate gentleman, a person The yeas and nays were ordered. Larsen (WA) Olson Snyder who cares deeply about his country, The SPEAKER pro tempore. This Larson (CT) Olver Souder cares deeply about the Page program will be a 5-minute vote. Latham Ortiz Space LaTourette Owens Speier to which he has devoted so much of his The vote was taken by electronic de- Latta Pallone Spratt talents, and cares about each one of us. vice, and there were—yeas 408, nays 0, Lee (CA) Pascrell Stearns None of us are objective in talking not voting 24, as follows: Lee (NY) Pastor (AZ) Stupak about DALE KILDEE because he is such Levin Paulsen Sullivan [Roll No. 54] Lewis (CA) Pence Sutton a decent, wonderful, good human being. YEAS—408 Lewis (GA) Perlmutter Tanner He is also an extraordinarily faithful Linder Perriello Taylor Member of this House. Abercrombie Carney Fattah Lipinski Peters Teague Ackerman Carson (IN) Filner LoBiondo Peterson Terry I am going to yield to Mr. DINGELL, Aderholt Carter Flake Loebsack Petri Thompson (CA) the Dean of the House, at this point as Adler (NJ) Cassidy Fleming Lofgren, Zoe Pingree (ME) Thompson (MS) we are about to witness Mr. KILDEE Akin Castle Forbes Lowey Pitts Thompson (PA) casting his 20,000th vote in the House of Alexander Castor (FL) Fortenberry Lucas Platts Thornberry Altmire Chaffetz Foster Luetkemeyer Poe (TX) Tiahrt Representatives. Arcuri Chandler Foxx Luja´ n Polis (CO) Tiberi Mr. DINGELL. Mr. Speaker, I thank Austria Childers Frank (MA) Lummis Pomeroy Tierney my good friend and colleague, the dis- Baca Chu Franks (AZ) Lungren, Daniel Posey Titus Bachmann Clarke Frelinghuysen E. Price (NC) Tonko tinguished majority leader, for yield- Bachus Clay Fudge Lynch Putnam Towns ing, and I am delighted to join him and Baird Cleaver Gallegly Maffei Quigley Tsongas my other colleagues in this tribute to a Baldwin Clyburn Garrett (NJ) Maloney Rahall Turner great citizen of the State of Michigan. Barrow Coble Gerlach Manzullo Rangel Upton Bartlett Coffman (CO) Giffords Marchant Rehberg Van Hollen He is our friend, our distinguished Barton (TX) Cohen Gingrey (GA) Markey (CO) Reyes Vela´ zquez colleague from Michigan’s Fifth Dis- Bean Cole Gohmert Markey (MA) Richardson Visclosky trict, DALE KILDEE, who has just cast Becerra Conaway Gonzalez Marshall Rodriguez Walden Berkley Connolly (VA) Goodlatte Massa Roe (TN) Walz his 19,999th vote, and his next vote will Berman Conyers Gordon (TN) Matheson Rogers (AL) Wasserman be 20,000. He is in his 34th year in this Berry Cooper Granger Matsui Rogers (KY) Schultz institution. And after he replaced our Biggert Costa Graves McCarthy (CA) Rogers (MI) Waters friend Don Riegle—who made the curi- Bilbray Courtney Grayson McCarthy (NY) Rohrabacher Watson Bilirakis Crenshaw Green, Al McCaul Rooney Watt ous career choice of running for the Bishop (GA) Crowley Green, Gene McClintock Ros-Lehtinen Waxman Senate—he has been a matter of good Bishop (NY) Cuellar Griffith McCollum Roskam Weiner fortune to all of us in Michigan and to Bishop (UT) Cummings Grijalva McCotter Ross Welch Blackburn Dahlkemper Guthrie McDermott Rothman (NJ) Westmoreland this body because he’s been a rock- Blumenauer Davis (AL) Gutierrez McGovern Roybal-Allard Whitfield solid member of this institution. In his Boccieri Davis (CA) Hall (NY) McHenry Royce Wilson (SC) whole 34 years, he’s only missed 27 Boehner Davis (IL) Hall (TX) McIntyre Ruppersberger Wittman votes. That’s a 99.9 percent voting Bonner Davis (KY) Halvorson McKeon Rush Wolf Boozman Davis (TN) Hare McMahon Ryan (WI) Woolsey record. He once made 8,141 consecutive Boren Deal (GA) Harman McMorris Salazar Wu votes. I have to say, a fellow should Boswell DeFazio Harper Rodgers Sa´ nchez, Linda Yarmuth avoid that; the pressure of that situa- Boucher DeGette Hastings (FL) McNerney T. Young (AK) Boustany Delahunt Hastings (WA) Meek (FL) Sanchez, Loretta Young (FL) tion is very bad. Boyd DeLauro Heinrich But we all agree, his accomplish- Brady (PA) Dent Heller NOT VOTING—24 ments are not just about numbers. He’s Brady (TX) Diaz-Balart, L. Hensarling Andrews Garamendi Price (GA) been an important figure on legislation Braley (IA) Diaz-Balart, M. Herger Barrett (SC) Hinojosa Radanovich Bright Dicks Herseth Sandlin Blunt Hodes Reichert that has bettered the life of our fami- Broun (GA) Dingell Higgins Bono Mack Hoekstra Ryan (OH) lies, particularly our youngest citizens. Brown (SC) Doggett Hill Capps Mack Sires Brown, Corrine Donnelly (IN) Himes No one here can find anyone who has Carnahan Moran (KS) Stark done more to protect American chil- Brown-Waite, Doyle Hinchey Costello Paul Wamp Ginny Dreier Hirono Culberson Payne Wilson (OH) dren than has our friend, DALE KILDEE. Buchanan Driehaus Holden From his place on the House Education Burgess Duncan Holt ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Burton (IN) Edwards (MD) Honda and Labor Committee, he’s been a lead- Butterfield Edwards (TX) Hoyer The SPEAKER pro tempore (during er on Head Start, school moderniza- Buyer Ehlers Hunter the vote). There are 2 minutes remain- tion, school safety, college access and Calvert Ellison Inglis ing in the vote. Camp Ellsworth Inslee affordability. He’s been a great cham- Campbell Emerson Israel pion of our Great Lakes which he loves Cantor Engel Issa b 1723 and which he has protected. Cao Eshoo Jackson (IL) So (two-thirds being in the affirma- He’s also a hero to our citizens of Capito Etheridge Jackson Lee Capuano Fallin (TX) tive) the rules were suspended and the Michigan who consider the lakes a Cardoza Farr Jenkins resolution was agreed to. treasure. He has protected jobs and

VerDate Mar 15 2010 04:07 May 18, 2010 Jkt 089060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H23FE0.REC H23FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 23, 2010 CONGRESSIONAL RECORD — HOUSE H699 workers’ rights, and to do so, he start- Mr. BOEHNER. Let me thank the RECOGNIZING BLACK HISTORY ed the Auto Caucus together with our majority leader for yielding and rise to MONTH other good friend from Michigan. congratulate my friend DALE KILDEE. The SPEAKER pro tempore. The un- The gentleman from Michigan and I b 1730 finished business is the question on served for many years on the Edu- suspending the rules and agreeing to As founder of the House Native cation and Labor Committee. We had American caucus, he has helped give a the resolution, H. Res. 1046. many debates, but there were dozens The Clerk read the title of the resolu- voice on the Hill to the concerns of our and dozens of issues that Mr. KILDEE Native American constituents across tion. and I had the chance to work on to- The SPEAKER pro tempore. The the country. gether, and I do refer to him as Mr. Flint, from where he comes, loves question is on the motion offered by KILDEE. But, as has been mentioned, the gentleman from Massachusetts this man, and all of us are proud to call there is no kinder, more decent person him our friend. He is the iron man of (Mr. LYNCH) that the House suspend in this House than DALE KILDEE. the House. And I know, if my good the rules and agree to the resolution, So, DALE, on the occasion of your friend would yield to the distinguished H. Res. 1046. 20,000th vote cast here, I rise today to The question was taken. gentlewoman from Michigan, she would say congratulations. like to have a word to say, too. The SPEAKER pro tempore. In the Mr. HOYER. I certainly yield to the GENERAL LEAVE opinion of the Chair, two-thirds being gentlelady from Michigan. Mr. DINGELL. Mr. Speaker, I ask in the affirmative, the ayes have it. unanimous consent that all Members Mrs. MILLER of Michigan. Mr. RECORDED VOTE have the right to revise and extend Speaker, when I first came to the Con- Mr. TONKO. Mr. Speaker, I demand a their remarks to make such comments gress in 2003, one of my new colleagues recorded vote. as they might deem appropriate on our DALE KILDEE shared with me what he A recorded vote was ordered. colleague, Mr. KILDEE. called the three C’s of service, and I am The SPEAKER pro tempore. This is a The SPEAKER pro tempore (Mr. PE- sure he has shared it with many of our 5-minute vote. TERS). Is there objection to the request other colleagues as well. But those The vote was taken by electronic de- of the gentleman from Michigan? three C’s are conscience, constituents, vice, and there were—ayes 402, noes 0, and caucus. There was no objection. Mr. HOYER. I thank the dean. not voting 30, as follows: First of all, of course, conscience. [Roll No. 55] That comes first because, as we all And now, DALE, we will cease and de- AYES—402 know, DALE KILDEE, our good friend, sist as you cast your 20,000th vote. God has a very deep and abiding faith in bless you. You have served our coun- Abercrombie Carney Fattah try, your district, and all the Members Ackerman Carson (IN) Filner God, and he has never and will never Aderholt Carter Flake take any action that he believes vio- as well as our pages, so well over those Adler (NJ) Cassidy Fleming lates the tenets of his beliefs. 34 years. Thank you. Godspeed. Akin Castle Forbes Constituents, second, because those Mr. CAMP. Mr. Speaker, today I would like Alexander Castor (FL) Fortenberry to congratulate my colleague, the distin- Altmire Chaffetz Foster are the people that we are all here to Arcuri Chandler Foxx represent. And DALE KILDEE’s constitu- guished gentleman from Michigan, Congress- Austria Childers Frank (MA) ents, as our colleague from Michigan man DALE KILDEE, on casting 20,000 votes in Baca Chu Franks (AZ) the United States House of Representatives— Bachmann Clarke Frelinghuysen has said, from Flint, Michigan, are Bachus Clay Fudge probably some of the most hard- the people’s House. Baird Cleaver Gallegly working and patriotic Americans in Twenty thousand votes is quite an achieve- Baldwin Clyburn Garamendi our entire great Nation. ment, and to some, it may seem like a miracu- Barrow Coble Garrett (NJ) lous number. But the true measure of DALE’s Bartlett Coffman (CO) Gerlach And caucus comes last in the three Barton (TX) Cohen Giffords C’s, because while we all certainly accomplishment is a much smaller number— Bean Cole Gingrey (GA) want to be loyal to our team, it is far he has only missed 27 votes in his entire ca- Becerra Conaway Gohmert reer. That’s right, DALE cast 20,000 votes out Berkley Connolly (VA) Gonzalez more important that we are, first of Berman Conyers Goodlatte all, loyal to our beliefs and to the peo- of 20,027—a batting average of .999 over a Berry Cooper Gordon (TN) ple who send us here. 33-year career. That certainly qualifies the Biggert Costa Granger Today DALE KILDEE reaches an in- man from Flint for the Congressional Hall of Bilbray Courtney Graves Fame. Bilirakis Crenshaw Grayson credible milestone, 20,000 votes and a Bishop (GA) Crowley Green, Al 99.9 percent voting record, because he But it isn’t the statistic that counts, it is what Bishop (NY) Cuellar Green, Gene understands that it is our primary re- that statistic represents: DALE’s work ethic and Bishop (UT) Cummings Griffith sponsibility to make sure that our con- his dedication to the state of Michigan, his dis- Blackburn Dahlkemper Grijalva Blumenauer Davis (AL) Guthrie stituents who we come here to rep- trict, which neighbors mine, and the people he Boccieri Davis (CA) Gutierrez resent are heard on the issues that we serves. Boehner Davis (IL) Hall (NY) consider here in the people’s House. DALE has been a leader on the Congres- Bonner Davis (KY) Hall (TX) Mr. Speaker, everyone in this Cham- sional Auto Caucus he helped to form. This Boozman Davis (TN) Halvorson Boren Deal (GA) Hare ber is addressed as ‘‘The Honorable,’’ caucus has been a valuable asset for the Boswell DeFazio Harman but I think it is most fitting that this American auto industry and has helped serve Boucher DeGette Harper title be given to our good friend DALE as a platform to protect Michigan auto jobs. Boustany Delahunt Hastings (FL) We have worked together on many local eco- Boyd DeLauro Hastings (WA) KILDEE because he is first and foremost Brady (PA) Dent Heinrich a very honorable man. nomic development projects, most recently, Brady (TX) Diaz-Balart, L. Heller I have never, ever heard a bad or neg- the development of the new MBS International Braley (IA) Diaz-Balart, M. Hensarling ative comment about DALE KILDEE in Airport, which is a valuable asset for our re- Bright Dicks Herger Broun (GA) Dingell Herseth Sandlin the time that I have been in this Cham- gion’s economy. Brown (SC) Doggett Higgins ber, and even before that when I was Today, I join my colleagues in congratu- Brown, Corrine Donnelly (IN) Hill the Secretary of State in Michigan. All lating and commending Congressman DALE Brown-Waite, Doyle Himes throughout our great State, people KILDEE for not only reaching 20,000 votes, but Ginny Dreier Hinchey Buchanan Driehaus Hirono have always thought of him in those for his career of service to the families of mid- Burgess Duncan Holden terms, as honorable. Michigan. Burton (IN) Edwards (MD) Holt And I just want to be here today, f Butterfield Edwards (TX) Honda Buyer Ehlers Hoyer DALE, to congratulate you sincerely. I Calvert Ellison Hunter am very proud to call you friend. ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Camp Ellsworth Inglis Mr. HOYER. I thank the gentlelady Campbell Emerson Inslee for her comments. The SPEAKER pro tempore. Without Cantor Engel Israel I am pleased to yield to my good objection, 5-minute voting will con- Cao Eshoo Issa Capito Etheridge Jackson (IL) friend, the minority leader, Mr. tinue. Capuano Fallin Jackson Lee BOEHNER. There was no objection. Cardoza Farr (TX)

VerDate Mar 15 2010 04:07 May 18, 2010 Jkt 089060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H23FE0.REC H23FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H700 CONGRESSIONAL RECORD — HOUSE February 23, 2010 Jenkins McNerney Sanchez, Loretta The result of the vote was announced in maintaining distinct native settlements Johnson (GA) Meeks (NY) Sarbanes throughout the State of Hawaii; Johnson (IL) Melancon Scalise as above recorded. A motion to reconsider was laid on (7) approximately 6,800 Native Hawaiian Johnson, E. B. Mica Schakowsky families reside on the Hawaiian Home Lands Johnson, Sam Michaud Schauer the table. Jones Miller (FL) Schiff and approximately 18,000 Native Hawaiians Jordan (OH) Miller (MI) Schmidt f who are eligible to reside on the Hawaiian Kagen Miller (NC) Schock REMOVAL OF NAME OF MEMBER Home Lands are on a waiting list to receive Kanjorski Miller, Gary Schrader assignments of Hawaiian Home Lands; Kaptur Mitchell Schwartz AS COSPONSOR OF H. RES. 648 (8)(A) in 1959, as part of the compact with Kennedy Mollohan Scott (GA) Mr. ROGERS of Kentucky. Mr. the United States admitting Hawaii into the Kildee Moore (KS) Scott (VA) Union, Congress established a public trust Kilpatrick (MI) Moore (WI) Sensenbrenner Speaker, I ask unanimous consent to (commonly known as the ‘‘ceded lands Kilroy Moran (VA) Serrano be removed as a cosponsor of H. Res. Kind Murphy (CT) Sessions 648. trust’’), for 5 purposes, 1 of which is the bet- King (IA) Murphy (NY) Sestak terment of the conditions of Native Hawai- King (NY) Murphy, Patrick Shadegg The SPEAKER pro tempore (Mr. ians; Kingston Murphy, Tim Shea-Porter DRIEHAUS). Is there objection to the re- (B) the public trust consists of lands, in- Kirk Myrick Sherman quest of the gentleman from Ken- cluding submerged lands, natural resources, Kirkpatrick (AZ) Napolitano Shimkus tucky? and the revenues derived from the lands; and Kissell Neal (MA) Shuler (C) the assets of this public trust have Klein (FL) Neugebauer Shuster There was no objection. never been completely inventoried or seg- Kline (MN) Nunes Simpson f Kosmas Nye Skelton regated; Kratovil Oberstar Slaughter NATIVE HAWAIIAN GOVERNMENT (9) Native Hawaiians have continuously Kucinich Obey Smith (NE) REORGANIZATION ACT OF 2009 sought access to the ceded lands in order to Lamborn Olson Smith (NJ) establish and maintain native settlements Lance Olver Smith (TX) Mr. RAHALL. Mr. Speaker, pursuant and distinct native communities throughout Langevin Ortiz Smith (WA) to House Resolution 1083, I call up the the State; Larsen (WA) Owens Snyder (10) the Hawaiian Home Lands and other Larson (CT) Pallone Souder bill (H.R. 2314) to express the policy of Latham Pascrell Speier the United States regarding the United ceded lands provide an important foundation LaTourette Pastor (AZ) Spratt States relationship with Native Hawai- for the ability of the Native Hawaiian com- Latta Paul Stearns ians and to provide a process for the munity to maintain the practice of Native Lee (CA) Paulsen Stupak Hawaiian culture, language, and traditions, Lee (NY) Pence Sullivan recognition by the United States of the and for the survival and economic self-suffi- Levin Perlmutter Sutton Native Hawaiian governing entity, and ciency of the Native Hawaiian people; Lewis (CA) Perriello Tanner ask for its immediate consideration in (11) Native Hawaiians continue to main- Lewis (GA) Peters Taylor tain other distinctly native areas in Hawaii; Lipinski Peterson Teague the House. LoBiondo Petri Terry The Clerk read the title of the bill. (12) on November 23, 1993, Public Law 103– Loebsack Pingree (ME) Thompson (CA) The SPEAKER pro tempore. Pursu- 150 (107 Stat. 1510) (commonly known as the Lofgren, Zoe Pitts Thompson (MS) ant to House Resolution 1083, the bill is ‘‘Apology Resolution’’) was enacted into law, Lowey Platts Thompson (PA) extending an apology on behalf of the United Lucas Poe (TX) Thornberry considered read. States to the native people of Hawaii for the Luetkemeyer Polis (CO) Tiberi The text of the bill is as follows: United States role in the overthrow of the Luja´ n Pomeroy Tierney H.R. 2314 Kingdom of Hawaii; Lummis Posey Titus (13) the Apology Resolution acknowledges Lungren, Daniel Price (NC) Tonko Be it enacted by the Senate and House of Rep- E. Putnam Towns resentatives of the United States of America in that the overthrow of the Kingdom of Hawaii Lynch Quigley Tsongas Congress assembled, occurred with the active participation of Maffei Rahall Turner agents and citizens of the United States and SECTION 1. SHORT TITLE. Maloney Rangel Upton further acknowledges that the Native Hawai- Manzullo Rehberg Van Hollen This Act may be cited as the ‘‘Native Ha- ian people never directly relinquished to the Marchant Reyes Vela´ zquez waiian Government Reorganization Act of United States their claims to their inherent Markey (CO) Richardson Visclosky 2009’’. sovereignty as a people over their national Markey (MA) Rodriguez Walden SEC. 2. FINDINGS. Marshall Roe (TN) Walz lands, either through the Kingdom of Hawaii Massa Rogers (AL) Wasserman Congress finds that— or through a plebiscite or referendum; Matheson Rogers (KY) Schultz (1) the Constitution vests Congress with (14) the Apology Resolution expresses the Matsui Rogers (MI) Waters the authority to address the conditions of commitment of Congress and the President— McCarthy (CA) Rohrabacher Watson the indigenous, native people of the United (A) to acknowledge the ramifications of McCarthy (NY) Rooney Watt States; the overthrow of the Kingdom of Hawaii; McCaul Ros-Lehtinen Weiner (2) Native Hawaiians, the native people of (B) to support reconciliation efforts be- McClintock Roskam Welch the Hawaiian archipelago that is now part of tween the United States and Native Hawai- McCollum Ross Westmoreland McCotter Rothman (NJ) Whitfield the United States, are indigenous, native ians; and McDermott Roybal-Allard Wilson (SC) people of the United States; (C) to consult with Native Hawaiians on McGovern Royce Wittman (3) the United States has a special political the reconciliation process as called for in the McHenry Ruppersberger Wolf and legal relationship to promote the wel- Apology Resolution; McIntyre Rush Woolsey fare of the native people of the United (15) despite the overthrow of the Govern- McKeon Ryan (WI) Wu States, including Native Hawaiians; ment of the Kingdom of Hawaii, Native Ha- McMahon Salazar Yarmuth (4) under the treaty making power of the waiians have continued to maintain their McMorris Sa´ nchez, Linda Young (AK) Rodgers T. Young (FL) United States, Congress exercised its con- separate identity as a single distinct native stitutional authority to confirm treaties be- community through cultural, social, and po- NOT VOTING—30 tween the United States and the Kingdom of litical institutions, and to give expression to Andrews Hoekstra Radanovich Hawaii, and from 1826 until 1893, the United their rights as native people to self-deter- Barrett (SC) Linder Reichert States— mination, self-governance, and economic Blunt Mack Ryan (OH) (A) recognized the sovereignty of the King- self-sufficiency; Bono Mack Meek (FL) Sires dom of Hawaii; (16) Native Hawaiians have also given ex- Capps Miller, George Space (B) accorded full diplomatic recognition to pression to their rights as native people to Carnahan Minnick Stark Costello Moran (KS) Tiahrt the Kingdom of Hawaii; and self-determination, self-governance, and eco- Culberson Nadler (NY) Wamp (C) entered into treaties and conventions nomic self-sufficiency— Hinojosa Payne Waxman with the Kingdom of Hawaii to govern com- (A) through the provision of governmental Hodes Price (GA) Wilson (OH) merce and navigation in 1826, 1842, 1849, 1875, services to Native Hawaiians, including the and 1887; provision of— ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE (5) pursuant to the Hawaiian Homes Com- (i) health care services; The SPEAKER pro tempore (during mission Act, 1920 (42 Stat. 108, chapter 42), (ii) educational programs; the vote). Members are reminded they the United States set aside approximately (iii) employment and training programs; have 2 minutes remaining on this vote. 203,500 acres of land to address the conditions (iv) economic development assistance pro- of Native Hawaiians in the Federal territory grams; b 1740 that later became the State of Hawaii; (v) children’s services; (6) by setting aside 203,500 acres of land for (vi) conservation programs; So (two-thirds being in the affirma- Native Hawaiian homesteads and farms, the (vii) fish and wildlife protection; tive) the rules were suspended and the Hawaiian Homes Commission Act assists the (viii) agricultural programs; resolution was agreed to. members of the Native Hawaiian community (ix) native language immersion programs;

VerDate Mar 15 2010 04:07 May 18, 2010 Jkt 089060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H23FE0.REC H23FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 23, 2010 CONGRESSIONAL RECORD — HOUSE H701 (x) native language immersion schools once-sovereign nation with whom the United (I) resided in the islands that now comprise from kindergarten through high school; States has a special political and legal rela- the State of Hawaii on or before January 1, (xi) college and master’s degree programs tionship; and 1893; and in native language immersion instruction; (D) the special relationship of American (II) occupied and exercised sovereignty in and Indians, Alaska Natives, and Native Hawai- the Hawaiian archipelago, including the area (xii) traditional justice programs; and ians to the United States arises out of their that now constitutes the State of Hawaii; or (B) by continuing their efforts to enhance status as aboriginal, indigenous, native peo- (ii) an individual who is 1 of the indige- Native Hawaiian self-determination and ple of the United States; and nous, native people of Hawaii and who was local control; (23) the State of Hawaii supports the reaf- eligible in 1921 for the programs authorized (17) Native Hawaiians are actively engaged firmation of the special political and legal by the Hawaiian Homes Commission Act (42 in Native Hawaiian cultural practices, tradi- relationship between the Native Hawaiian Stat. 108, chapter 42) or a direct lineal de- tional agricultural methods, fishing and sub- governing entity and the United States as scendant of that individual. sistence practices, maintenance of cultural evidenced by 2 unanimous resolutions en- (B) NO EFFECT ON OTHER DEFINITIONS.— use areas and sacred sites, protection of bur- acted by the Hawaii State Legislature in the Nothing in this paragraph affects the defini- ial sites, and the exercise of their traditional 2000 and 2001 sessions of the Legislature and tion of the term ‘‘Native Hawaiian’’ under rights to gather medicinal plants and herbs, by the testimony of the Governor of the any other Federal or State law (including a and food sources; State of Hawaii before the Committee on In- regulation). (18) the Native Hawaiian people wish to dian Affairs of the Senate on February 25, (11) NATIVE HAWAIIAN GOVERNING ENTITY.— preserve, develop, and transmit to future 2003, and March 1, 2005. The term ‘‘Native Hawaiian Governing Enti- generations of Native Hawaiians their lands SEC. 3. DEFINITIONS. ty’’ means the governing entity organized by and Native Hawaiian political and cultural In this Act: the Native Hawaiian people pursuant to this identity in accordance with their traditions, (1) ABORIGINAL, INDIGENOUS, NATIVE PEO- Act. beliefs, customs and practices, language, and PLE.—The term ‘‘aboriginal, indigenous, na- (12) NATIVE HAWAIIAN PROGRAM OR SERV- social and political institutions, to control tive people’’ means people whom Congress ICE.—The term ‘‘Native Hawaiian program or and manage their own lands, including ceded has recognized as the original inhabitants of service’’ means any program or service pro- lands, and to achieve greater self-determina- the lands that later became part of the vided to Native Hawaiians because of their tion over their own affairs; United States and who exercised sovereignty status as Native Hawaiians. (19) this Act provides a process within the in the areas that later became part of the (13) OFFICE.—The term ‘‘Office’’ means the framework of Federal law for the Native Ha- United States. United States Office for Native Hawaiian Re- waiian people to exercise their inherent (2) ADULT MEMBER.—The term ‘‘adult mem- lations established by section 5(a). rights as a distinct, indigenous, native com- ber’’ means a Native Hawaiian who has at- (14) SECRETARY.—The term ‘‘Secretary’’ munity to reorganize a single Native Hawai- tained the age of 18 and who elects to par- means the Secretary of the Interior. ian governing entity for the purpose of giv- ticipate in the reorganization of the Native (15) SPECIAL POLITICAL AND LEGAL RELA- ing expression to their rights as native peo- Hawaiian governing entity. TIONSHIP.—The term ‘‘special political and ple to self-determination and self-govern- (3) APOLOGY RESOLUTION.—The term ‘‘Apol- legal relationship’’ shall refer, except where ance; ogy Resolution’’ means Public Law 103–150 differences are specifically indicated else- (20) Congress— (107 Stat. 1510), a Joint Resolution extending where in the Act, to the type of and nature (A) has declared that the United States has an apology to Native Hawaiians on behalf of of relationship the United States has with a special political and legal relationship for the United States for the participation of the several federally recognized Indian the welfare of the native peoples of the agents of the United States in the January tribes. United States, including Native Hawaiians; 17, 1893, overthrow of the Kingdom of Hawaii. (B) has identified Native Hawaiians as a (4) COMMISSION.—The term ‘‘commission’’ SEC. 4. UNITED STATES POLICY AND PURPOSE. distinct group of indigenous, native people of means the Commission established under (a) POLICY.—The United States reaffirms the United States within the scope of its au- section 7(b) to provide for the certification that— thority under the Constitution, and has en- that those adult members of the Native Ha- (1) Native Hawaiians are a unique and dis- acted scores of statutes on their behalf; and waiian community listed on the roll meet tinct, indigenous, native people with whom (C) has delegated broad authority to the the definition of Native Hawaiian set forth the United States has a special political and State of Hawaii to administer some of the in paragraph (10). legal relationship; United States responsibilities as they relate (5) COUNCIL.—The term ‘‘council’’ means (2) the United States has a special political to the Native Hawaiian people and their the Native Hawaiian Interim Governing and legal relationship with the Native Ha- lands; Council established under section 7(c)(2). waiian people which includes promoting the (21) the United States has recognized and (6) INDIAN PROGRAM OR SERVICE.— welfare of Native Hawaiians; reaffirmed the special political and legal re- (A) IN GENERAL.—The term ‘‘Indian pro- (3) Congress possesses the authority under lationship with the Native Hawaiian people gram or service’’ means any federally funded the Constitution, including but not limited through the enactment of the Act entitled, or authorized program or service provided to to Article I, section 8, clause 3, to enact leg- ‘‘An Act to provide for the admission of the an Indian tribe (or member of an Indian islation to address the conditions of Native State of Hawaii into the Union’’, approved tribe) because of the status of the members March 18, 1959 (Public Law 86–3; 73 Stat. 4), of the Indian tribe as Indians. Hawaiians and has exercised this authority through the enactment of— by— (B) INCLUSIONS.—The term ‘‘Indian pro- (A) ceding to the State of Hawaii title to gram or service’’ includes a program or serv- (A) the Hawaiian Homes Commission Act, the public lands formerly held by the United ice provided by the Bureau of Indian Affairs, 1920 (42 Stat. 108, chapter 42); States, and mandating that those lands be the Indian Health Service, or any other Fed- (B) the Act entitled ‘‘An Act to provide for held as a public trust for 5 purposes, 1 of eral agency. the admission of the State of Hawaii into the which is for the betterment of the conditions (7) INDIAN TRIBE.—The term ‘‘Indian tribe’’ Union’’, approved March 18, 1959 (Public Law of Native Hawaiians; and has the meaning given the term in section 4 86–3, 73 Stat. 4); and (B) transferring the United States respon- of the Indian Self-Determination and Edu- (C) more than 150 other Federal laws ad- sibility for the administration of the Hawai- cation Assistance Act (25 U.S.C. 450b). dressing the conditions of Native Hawaiians; ian Home Lands to the State of Hawaii, but (8) INDIGENOUS, NATIVE PEOPLE.—The term (4) Native Hawaiians have— retaining the exclusive right of the United ‘‘indigenous, native people’’ means the lineal (A) an inherent right to autonomy in their States to consent to any actions affecting descendants of the aboriginal, indigenous, internal affairs; the lands included in the trust and any native people of the United States. (B) an inherent right of self-determination amendments to the Hawaiian Homes Com- (9) INTERAGENCY COORDINATING GROUP.—The and self-governance; mission Act, 1920 (42 Stat. 108, chapter 42) term ‘‘Interagency Coordinating Group’’ (C) the right to reorganize a Native Hawai- that are enacted by the legislature of the means the Native Hawaiian Interagency Co- ian governing entity; and State of Hawaii affecting the beneficiaries ordinating Group established under section (D) the right to become economically self- under the Act; 6. sufficient; and (22) the United States has continually rec- (10) NATIVE HAWAIIAN.— (5) the United States shall continue to en- ognized and reaffirmed that— (A) IN GENERAL.—Subject to subparagraph gage in a process of reconciliation and polit- (A) Native Hawaiians have a cultural, his- (B), for the purpose of establishing the roll ical relations with the Native Hawaiian peo- toric, and land-based link to the aboriginal, authorized under section 7(c)(1) and before ple. indigenous, native people who exercised sov- the reaffirmation of the special political and (b) PURPOSE.—The purpose of this Act is to ereignty over the Hawaiian Islands; legal relationship between the United States provide a process for the reorganization of (B) Native Hawaiians have never relin- and the Native Hawaiian governing entity, the single Native Hawaiian governing entity quished their claims to sovereignty or their the term ‘‘Native Hawaiian’’ means— and the reaffirmation of the special political sovereign lands; (i) an individual who is 1 of the indigenous, and legal relationship between the United (C) the United States extends services to native people of Hawaii and who is a direct States and that Native Hawaiian governing Native Hawaiians because of their unique lineal descendant of the aboriginal, indige- entity for purposes of continuing a govern- status as the indigenous, native people of a nous, native people who— ment-to-government relationship.

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SEC. 5. UNITED STATES OFFICE FOR NATIVE HA- (2) consult with the Native Hawaiian gov- (5) STAFF.— WAIIAN RELATIONS. erning entity, through the coordination re- (A) IN GENERAL.—The Commission may, (a) ESTABLISHMENT.—There is established ferred to in section 6(d)(1), but the consulta- without regard to the civil service laws (in- within the Office of the Secretary, the tion obligation established in this provision cluding regulations), appoint and terminate United States Office for Native Hawaiian Re- shall apply only after the satisfaction of all an executive director and such other addi- lations. of the conditions referred to in section tional personnel as are necessary to enable (b) DUTIES.—The Office shall— 7(c)(6); and the Commission to perform the duties of the (1) continue the process of reconciliation (3) ensure the participation of each Federal Commission. with the Native Hawaiian people in further- agency in the development of the report to (B) COMPENSATION.— ance of the Apology Resolution; Congress authorized in section 5(b)(5). (i) IN GENERAL.—Except as provided in (2) upon the reaffirmation of the special (e) APPLICABILITY TO DEPARTMENT OF DE- clause (ii), the Commission may fix the com- political and legal relationship between the FENSE.—This section shall have no applica- pensation of the executive director and other single Native Hawaiian governing entity and bility to the Department of Defense or to personnel without regard to the provisions of the United States, effectuate and coordinate any agency or component of the Department chapter 51 and subchapter III of chapter 53 of the special political and legal relationship of Defense, but the Secretary of Defense may title 5, United States Code, relating to clas- between the Native Hawaiian governing enti- designate 1 or more officials as liaison to the sification of positions and General Schedule ty and the United States through the Sec- Interagency Coordinating Group. pay rates. retary, and with all other Federal agencies; SEC. 7. PROCESS FOR THE REORGANIZATION OF (ii) MAXIMUM RATE OF PAY.—The rate of (3) fully integrate the principle and prac- THE NATIVE HAWAIIAN GOVERNING pay for the executive director and other per- tice of meaningful, regular, and appropriate ENTITY AND THE REAFFIRMATION sonnel shall not exceed the rate payable for consultation with the Native Hawaiian gov- OF THE SPECIAL POLITICAL AND erning entity by providing timely notice to, LEGAL RELATIONSHIP BETWEEN level V of the Executive Schedule under sec- and consulting with, the Native Hawaiian THE UNITED STATES AND THE NA- tion 5316 of title 5, United States Code. people and the Native Hawaiian governing TIVE HAWAIIAN GOVERNING ENTITY. (6) DETAIL OF FEDERAL GOVERNMENT EM- entity before taking any actions that may (a) RECOGNITION OF THE NATIVE HAWAIIAN PLOYEES.— have the potential to significantly affect Na- GOVERNING ENTITY.—The right of the Native (A) IN GENERAL.—An employee of the Fed- tive Hawaiian resources, rights, or lands; Hawaiian people to reorganize the single Na- eral Government may be detailed to the (4) consult with the Interagency Coordi- tive Hawaiian governing entity to provide Commission without reimbursement. nating Group, other Federal agencies, and for their common welfare and to adopt ap- (B) CIVIL SERVICE STATUS.—The detail of the State of Hawaii on policies, practices, propriate organic governing documents is the employee shall be without interruption and proposed actions affecting Native Hawai- recognized by the United States. or loss of civil service status or privilege. ian resources, rights, or lands; and (b) COMMISSION.— (7) PROCUREMENT OF TEMPORARY AND INTER- (5) prepare and submit to the Committee (1) IN GENERAL.—There is authorized to be MITTENT SERVICES.—The Commission may on Indian Affairs and the Committee on En- established a Commission to be composed of procure temporary and intermittent services ergy and Natural Resources of the Senate 9 members for the purposes of— in accordance with section 3109(b) of title 5, and the Committee on Resources of the (A) preparing and maintaining a roll of the United States Code, at rates for individuals House of Representatives an annual report adult members of the Native Hawaiian com- that do not exceed the daily equivalent of detailing the activities of the Interagency munity who elect to participate in the reor- the annual rate of basic pay prescribed for Coordinating Group that are undertaken ganization of the single Native Hawaiian level V of the Executive Schedule under sec- with respect to the continuing process of rec- governing entity; and tion 5316 of that title. onciliation and to effect meaningful con- (B) certifying that the adult members of (8) EXPIRATION.—The Secretary shall dis- sultation with the Native Hawaiian gov- the Native Hawaiian community proposed solve the Commission upon the reaffirmation erning entity and providing recommenda- for inclusion on the roll meet the definition of the special political and legal relationship tions for any necessary changes to Federal of Native Hawaiian in section 3(10). between the Native Hawaiian governing enti- law or regulations promulgated under the (2) MEMBERSHIP.— ty and the United States. (A) APPOINTMENT.— authority of Federal law. (c) PROCESS FOR THE REORGANIZATION OF (c) APPLICABILITY TO DEPARTMENT OF DE- (i) IN GENERAL.—Not later than 180 days THE NATIVE HAWAIIAN GOVERNING ENTITY.— FENSE.—This section shall have no applica- after the date of enactment of this Act, the (1) ROLL.— bility to the Department of Defense or to Secretary shall appoint the members of the (A) CONTENTS.—The roll shall include the any agency or component of the Department Commission in accordance with subpara- names of the adult members of the Native of Defense, but the Secretary of Defense may graph (B). Hawaiian community who elect to partici- designate 1 or more officials as liaison to the (ii) CONSIDERATION.—In making an appoint- pate in the reorganization of the Native Ha- Office. ment under clause (i), the Secretary may waiian governing entity and are certified to SEC. 6. NATIVE HAWAIIAN INTERAGENCY CO- take into consideration a recommendation ORDINATING GROUP. made by any Native Hawaiian organization. be Native Hawaiian as defined in section 3(10) by the Commission. (a) ESTABLISHMENT.—In recognition that (B) REQUIREMENTS.—Each member of the Federal programs authorized to address the Commission shall demonstrate, as deter- (B) FORMATION OF ROLL.—Each adult mem- conditions of Native Hawaiians are largely mined by the Secretary— ber of the Native Hawaiian community who administered by Federal agencies other than (i) not less than 10 years of experience in elects to participate in the reorganization of the Department of the Interior, there is es- the study and determination of Native Ha- the Native Hawaiian governing entity shall tablished an interagency coordinating group waiian genealogy; and submit to the Commission documentation in to be known as the ‘‘Native Hawaiian Inter- (ii) an ability to read and translate into the form established by the Commission that agency Coordinating Group’’. English documents written in the Hawaiian is sufficient to enable the Commission to de- (b) COMPOSITION.—The Interagency Coordi- language. termine whether the individual meets the nating Group shall be composed of officials, (C) VACANCIES.—A vacancy on the Commis- definition of Native Hawaiian in section to be designated by the President, from— sion— 3(10). (1) each Federal agency that administers (i) shall not affect the powers of the Com- (C) DOCUMENTATION.—The Commission Native Hawaiian programs, establishes or mission; and shall— implements policies that affect Native Ha- (ii) shall be filled in the same manner as (i) identify the types of documentation waiians, or whose actions may significantly the original appointment. that may be submitted to the Commission or uniquely impact Native Hawaiian re- (3) EXPENSES.—Each member of the Com- that would enable the Commission to deter- sources, rights, or lands; and mission shall be allowed travel expenses, in- mine whether an individual meets the defini- (2) the Office. cluding per diem in lieu of subsistence, at tion of Native Hawaiian in section 3(10); (c) LEAD AGENCY.— rates authorized for employees of agencies (ii) establish a standard format for the sub- (1) IN GENERAL.—The Department of the In- under subchapter I of chapter 57 of title 5, mission of documentation; and terior shall serve as the lead agency of the United States Code, while away from their (iii) publish information related to clauses Interagency Coordinating Group. homes or regular places of business in the (i) and (ii) in the Federal Register. (2) MEETINGS.—The Secretary shall con- performance of services for the Commission. (D) CONSULTATION.—In making determina- vene meetings of the Interagency Coordi- (4) DUTIES.—The Commission shall— tions that each of the adult members of the nating Group. (A) prepare and maintain a roll of the Native Hawaiian community proposed for in- (d) DUTIES.—The Interagency Coordinating adult members of the Native Hawaiian com- clusion on the roll meets the definition of Group shall— munity who elect to participate in the reor- Native Hawaiian in section 3(10), the Com- (1) coordinate Federal programs and poli- ganization of the Native Hawaiian governing mission may consult with Native Hawaiian cies that affect Native Hawaiians or actions entity; and organizations, agencies of the State of Ha- by any agency or agencies of the Federal (B) certify that each of the adult members waii including but not limited to the Depart- Government that may significantly or of the Native Hawaiian community proposed ment of Hawaiian Home Lands, the Office of uniquely affect Native Hawaiian resources, for inclusion on the roll meets the definition Hawaiian Affairs, and the State Department rights, or lands; of Native Hawaiian in section 3(10). of Health, and other entities with expertise

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(aa) the proposed criteria for citizenship of tionship between the United States and the (E) CERTIFICATION AND SUBMITTAL OF ROLL the Native Hawaiian governing entity; indigenous, native people of the United TO SECRETARY.—The Commission shall— (bb) the proposed powers and authorities to States; provided that the provisions of Pub- (i) submit the roll containing the names of be exercised by the Native Hawaiian gov- lic Law 103–454, 25 U.S.C. 479a, shall not the adult members of the Native Hawaiian erning entity, as well as the proposed privi- apply. community who meet the definition of Na- leges and immunities of the Native Hawaiian (B) RESUBMISSION IN CASE OF NONCOMPLI- tive Hawaiian in section 3(10) to the Sec- governing entity; ANCE WITH THE REQUIREMENTS OF SUBPARA- retary within 2 years from the date on which (cc) the proposed civil rights and protec- GRAPH (a).— the Commission is fully composed; and tion of the rights of the citizens of the Na- (i) RESUBMISSION BY THE SECRETARY.—If the (ii) certify to the Secretary that each of tive Hawaiian governing entity and all per- Secretary determines that the organic gov- the adult members of the Native Hawaiian sons affected by the exercise of govern- erning documents, or any part of the docu- community proposed for inclusion on the roll mental powers and authorities of the Native ments, do not meet all of the requirements meets the definition of Native Hawaiian in Hawaiian governing entity; and set forth in subparagraph (A), the Secretary section 3(10). (dd) other issues determined appropriate shall resubmit the organic governing docu- by the Council. ments to the Council, along with a justifica- (F) PUBLICATION.—Upon certification by the Commission to the Secretary that those (II) DEVELOPMENT OF ORGANIC GOVERNING tion for each of the Secretary’s findings as to DOCUMENTS.—Based on the referendum, the why the provisions are not in full compli- listed on the roll meet the definition of Na- Council may develop proposed organic gov- ance. tive Hawaiian in section 3(10), the Secretary erning documents for the Native Hawaiian (ii) AMENDMENT AND RESUBMISSION OF OR- shall publish the roll in the Federal Register. governing entity. GANIC GOVERNING DOCUMENTS.—If the organic (G) APPEAL.—The Secretary may establish (III) DISTRIBUTION.—The Council may dis- governing documents are resubmitted to the a mechanism for an appeal for any person tribute to all adult members of the Native Council by the Secretary under clause (i), whose name is excluded from the roll who Hawaiian community listed on the roll pub- the Council shall— claims to meet the definition of Native Ha- lished under this subsection— (I) amend the organic governing documents waiian in section 3(10) and to be 18 years of (aa) a copy of the proposed organic gov- to ensure that the documents meet all the age or older. erning documents, as drafted by the Council; requirements set forth in subparagraph (A); (H) PUBLICATION; UPDATE.—The Secretary and and shall— (bb) a brief impartial description of the (II) resubmit the amended organic gov- (i) publish the roll regardless of whether proposed organic governing documents; erning documents to the Secretary for cer- appeals are pending; (IV) ELECTIONS.—The Council may hold tification in accordance with this paragraph. (ii) update the roll and the publication of elections for the purpose of ratifying the pro- (C) CERTIFICATIONS DEEMED MADE.—The the roll on the final disposition of any ap- posed organic governing documents, and on certifications under paragraph (4) shall be peal; and certification of the organic governing docu- deemed to have been made if the Secretary (iii) update the roll to include any Native ments by the Secretary in accordance with has not acted within 90 days after the date Hawaiian who has attained the age of 18 and paragraph (4), hold elections of the officers on which the Council has submitted the or- who has been certified by the Commission as of the Native Hawaiian governing entity pur- ganic governing documents of the Native Ha- meeting the definition of Native Hawaiian in suant to paragraph (5). waiian governing entity to the Secretary. section 3(10) after the initial publication of (3) SUBMITTAL OF ORGANIC GOVERNING DOCU- (5) ELECTIONS.—On completion of the cer- the roll or after any subsequent publications MENTS.—Following the reorganization of the tifications by the Secretary under paragraph of the roll. Native Hawaiian governing entity and the (4), the Council may hold elections of the of- (I) FAILURE TO ACT.—If the Secretary fails adoption of organic governing documents, ficers of the Native Hawaiian governing enti- to publish the roll, not later than 90 days the Council shall submit the organic gov- ty. after the date on which the roll is submitted erning documents of the Native Hawaiian (6) REAFFIRMATION.—Notwithstanding any to the Secretary, the Commission shall pub- governing entity to the Secretary. other provision of law, upon the certifi- lish the roll notwithstanding any order or di- (4) CERTIFICATIONS.— cations required under paragraph (4) and the rective issued by the Secretary or any other (A) IN GENERAL.—Within the context of the election of the officers of the Native Hawai- official of the Department of the Interior to future negotiations to be conducted under ian governing entity, the special political the contrary. the authority of section 8(b)(1), and the sub- and legal relationship between the United (J) EFFECT OF PUBLICATION.—The publica- sequent actions by the Congress and the States and the Native Hawaiian governing tion of the initial and updated roll shall State of Hawaii to enact legislation to im- entity is hereby reaffirmed and the United serve as the basis for the eligibility of adult plement the agreements of the 3 govern- States extends Federal recognition to the members of the Native Hawaiian community ments, not later than 90 days after the date Native Hawaiian governing entity as the rep- whose names are listed on those rolls to par- on which the Council submits the organic resentative governing body of the Native Ha- ticipate in the reorganization of the Native governing documents to the Secretary, the waiian people. Hawaiian governing entity. Secretary shall certify that the organic gov- SEC. 8. REAFFIRMATION OF DELEGATION OF (2) ORGANIZATION OF THE NATIVE HAWAIIAN erning documents— FEDERAL AUTHORITY; NEGOTIA- INTERIM GOVERNING COUNCIL.— (i) establish the criteria for citizenship in TIONS; CLAIMS. (A) ORGANIZATION.—The adult members of the Native Hawaiian governing entity; (a) REAFFIRMATION.—The delegation by the the Native Hawaiian community listed on (ii) were adopted by a majority vote of the United States of authority to the State of the roll published under this section may— adult members of the Native Hawaiian com- Hawaii to address the conditions of the in- (i) develop criteria for candidates to be munity whose names are listed on the roll digenous, native people of Hawaii contained elected to serve on the Native Hawaiian In- published by the Secretary; in the Act entitled ‘‘An Act to provide for terim Governing Council; (iii) provide authority for the Native Ha- the admission of the State of Hawaii into the (ii) determine the structure of the Council; waiian governing entity to negotiate with Union’’ approved March 18, 1959 (Public Law and Federal, State, and local governments, and 86–3, 73 Stat. 4), is reaffirmed. (iii) elect members from individuals listed other entities; (b) NEGOTIATIONS.— on the roll published under this subsection (iv) provide for the exercise of govern- (1) IN GENERAL.—Upon the reaffirmation of to the Council. mental authorities by the Native Hawaiian the special political and legal relationship (B) POWERS.— governing entity, including any authorities between the United States and the Native (i) IN GENERAL.—The Council— that may be delegated to the Native Hawai- Hawaiian governing entity, the United (I) may represent those listed on the roll ian governing entity by the United States States and the State of Hawaii may enter published under this section in the imple- and the State of Hawaii following negotia- into negotiations with the Native Hawaiian mentation of this Act; and tions authorized in section 8(b)(1) and the en- governing entity designed to lead to an (II) shall have no powers other than powers actment of legislation to implement the agreement addressing such matters as— given to the Council under this Act. agreements of the 3 governments; (A) the transfer of lands, natural resources, (ii) FUNDING.—The Council may enter into (v) prevent the sale, disposition, lease, or and other assets, and the protection of exist- a contract with, or obtain a grant from, any encumbrance of lands, interests in lands, or ing rights related to such lands or resources; Federal or State agency to carry out clause other assets of the Native Hawaiian gov- (B) the exercise of governmental authority (iii). erning entity without the consent of the Na- over any transferred lands, natural re- (iii) ACTIVITIES.— tive Hawaiian governing entity; sources, and other assets, including land use; (I) IN GENERAL.—The Council may conduct (vi) provide for the protection of the civil (C) the exercise of civil and criminal juris- a referendum among the adult members of rights of the citizens of the Native Hawaiian diction; the Native Hawaiian community listed on governing entity and all persons affected by (D) the delegation of governmental powers the roll published under this subsection for the exercise of governmental powers and au- and authorities to the Native Hawaiian gov- the purpose of determining the proposed ele- thorities by the Native Hawaiian governing erning entity by the United States and the ments of the organic governing documents of entity; and State of Hawaii;

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(E) any residual responsibilities of the plicable to any such claims. This complete (e) JURISDICTION.—Nothing in this Act al- United States and the State of Hawaii; and retention or reclaiming of sovereign immu- ters the civil or criminal jurisdiction of the (F) grievances regarding assertions of his- nity also applies to every claim that might United States or the State of Hawaii over torical wrongs committed against Native Ha- attempt to rely on this Act for support, lands and persons within the State of Ha- waiians by the United States or by the State without regard to the source of law under waii. The status quo of Federal and State ju- of Hawaii. which any such claim might be asserted. risdiction can change only as a result of fur- (2) AMENDMENTS TO EXISTING LAWS.—Upon (C) EFFECT.—It is the general effect of sec- ther legislation, if any, enacted after the agreement on any matter or matters nego- tion 8(c)(2)(B) that any claims that may al- conclusion, in relevant part, of the negotia- tiated with the United States, the State of ready have accrued and might be brought tion process established in section 8(b). Hawaii, and the Native Hawaiian governing against the United States, including any (f) INDIAN PROGRAMS AND SERVICES.—Not- entity, the parties are authorized to sub- claims of the types specifically referred to in withstanding section 7(c)(6), because of the mit— section 8(c)(2)(A), along with both claims of eligibility of the Native Hawaiian governing (A) to the Committee on Indian Affairs of a similar nature and claims arising out of entity and its citizens for Native Hawaiian the Senate, the Committee on Energy and the same nucleus of operative facts as could programs and services in accordance with Natural Resources of the Senate, and the give rise to claims of the specific types re- subsection (g), nothing in this Act provides Committee on Resources of the House of ferred to in section 8(c)(2)(A), be rendered an authorization for eligibility to partici- Representatives, recommendations for pro- nonjusticiable in suits brought by plaintiffs pate in any Indian program or service to any posed amendments to Federal law that will other than the Federal Government. individual or entity not otherwise eligible enable the implementation of agreements (3) STATE SOVEREIGNTY IMMUNITY.— for the program or service under applicable reached between the 3 governments; and (A) Notwithstanding any other provision of Federal law. (B) to the Governor and the legislature of Federal law, the State retains its sovereign (g) NATIVE HAWAIIAN PROGRAMS AND SERV- the State of Hawaii, recommendations for immunity, unless waived in accord with ICES.—The Native Hawaiian governing entity proposed amendments to State law that will State law, to any claim, established under and its citizens shall be eligible for Native enable the implementation of agreements any source of law, regarding Native Hawai- Hawaiian programs and services to the ex- reached between the 3 governments. ians, that existed prior to the enactment of tent and in the manner provided by other ap- (3) GOVERNMENTAL AUTHORITY AND POWER.— this Act. plicable laws. Any governmental authority or power to be (B) Nothing in this Act shall be construed SEC. 10. SEVERABILITY. exercised by the Native Hawaiian governing to constitute an override pursuant to section If any section or provision of this Act is entity which is currently exercised by the 5 of the Fourteenth Amendment of State held invalid, it is the intent of Congress that State or Federal Governments shall be exer- sovereign immunity held under the Eleventh cised by the Native Hawaiian governing enti- Amendment. the remaining sections or provisions shall continue in full force and effect. ty only as agreed to in negotiations pursuant SEC. 9. APPLICABILITY OF CERTAIN FEDERAL to section 8(b)(1) of this Act and beginning LAWS. SEC. 11. AUTHORIZATION OF APPROPRIATIONS. on the date on which legislation to imple- (a) INDIAN GAMING REGULATORY ACT.— There are authorized to be appropriated ment such agreement has been enacted by (1) The Native Hawaiian governing entity such sums as are necessary to carry out this the United States Congress, when applicable, and Native Hawaiians may not conduct gam- Act. and by the State of Hawaii, when applicable. ing activities as a matter of claimed inher- The SPEAKER pro tempore. After 1 This includes any required modifications to ent authority or under the authority of any hour of debate on the bill, it shall be in the Hawaii State Constitution in accordance Federal law, including the Indian Gaming with the Hawaii Revised Statutes. Regulatory Act (25 U.S.C. 2701 et seq.) or order to consider the amendment in (c) CLAIMS.— under any regulations thereunder promul- the nature of a substitute printed in (1) DISCLAIMERS.—Nothing in this Act— gated by the Secretary or the National In- part A of House Report 111–413, if of- (A) creates a cause of action against the dian Gaming Commission. fered by the gentleman from Hawaii United States or any other entity or person; (2) The foregoing prohibition in section (Mr. ABERCROMBIE) or his designee, (B) alters existing law, including existing 9(a)(1) on the use of Indian Gaming Regu- which shall be considered as read, and case law, regarding obligations on the part of latory Act and inherent authority to game shall be separately debatable for 30 the United States or the State of Hawaii apply regardless of whether gaming by Na- minutes equally divided and controlled with regard to Native Hawaiians or any Na- tive Hawaiians or the Native Hawaiian gov- tive Hawaiian entity; erning entity would be located on land with- by the proponent and an opponent. (C) creates obligations that did not exist in in the State of Hawaii or within any other The amendments to the amendment any source of Federal law prior to the date of State or Territory of the United States. in the nature of a substitute printed in enactment of this Act; or (b) TAKING LAND INTO TRUST.—Notwith- part B of House Report 111–413, each of (D) establishes authority for the recogni- standing any other provision of law, includ- which may be offered only by a Mem- tion of Native Hawaiian groups other than ing but not limited to part 151 of title 25, ber designated in the report, shall be the single Native Hawaiian Governing Enti- Code of Federal Regulations, the Secretary ty. shall not take land into trust on behalf of in- considered as read and shall be sepa- (2) FEDERAL SOVEREIGN IMMUNITY.— dividuals or groups claiming to be Native rately debatable for 10 minutes equally (A) SPECIFIC PURPOSE.—Nothing in this Act Hawaiian or on behalf of the native Hawaiian divided and controlled by the pro- is intended to create or allow to be main- governing entity. ponent and an opponent. tained in any court any potential breach-of- (c) REAL PROPERTY TRANSFERS.—The In- The gentleman from West Virginia dian Trade and Intercourse Act (25 U.S.C. trust actions, land claims, resource-protec- (Mr. RAHALL) and the gentleman from tion or resource-management claims, or 177), does not, has never, and will not apply after enactment to lands or lands transfers Washington (Mr. HASTINGS) each will similar types of claims brought by or on be- control 30 minutes. half of Native Hawaiians or the Native Ha- present, past, or future, in the State of Ha- waiian governing entity for equitable, mone- waii. If despite the expression of this intent The Chair recognizes the gentleman tary, or Administrative Procedure Act-based herein, a court were to construe the Trade from West Virginia. and Intercourse Act to apply to lands or land relief against the United States or the State b 1745 of Hawaii, whether or not such claims spe- transfers in Hawaii before the date of enact- cifically assert an alleged breach of trust, ment of this Act, then any transfer of land or GENERAL LEAVE natural resources located within the State of call for an accounting, seek declaratory re- Mr. RAHALL. Mr. Speaker, I ask Hawaii prior to the date of enactment of this lief, or seek the recovery of or compensation Act, by or on behalf of the Native Hawaiian unanimous consent that all Members for lands once held by Native Hawaiians. people, or individual Native Hawaiians, shall may have 5 legislative days in which to (B) ESTABLISHMENT AND RETENTION OF SOV- be deemed to have been made in accordance revise and extend their remarks and in- EREIGN IMMUNITY.—To effectuate the ends ex- with the Indian Trade and Intercourse Act sert extraneous material on H.R. 2134. pressed in section 8(c)(1) and 8(c)(2)(A), and and any other provision of Federal law that notwithstanding any other provision of Fed- The SPEAKER pro tempore. Is there specifically applies to transfers of land or objection to the request of the general law, the United States retains its sov- natural resources from, by, or on behalf of an ereign immunity to any claim that existed Indian tribe, Native Hawaiians, or Native tleman from West Virginia? prior to the enactment of this Act (includ- Hawaiian entities. There was no objection. ing, but not limited to, any claim based in (d) SINGLE GOVERNING ENTITY.—This Act Mr. RAHALL. Mr. Speaker, the his- whole or in part on past events), and which will result in the recognition of the single tory of these United States is replete could be brought by Native Hawaiians or any Native Hawaiian governing entity. Addi- with glory. From the moment we broke Native Hawaiian governing entity. Nor shall tional Native Hawaiian groups shall not be the bonds of tyranny and declared inde- any preexisting waiver of sovereign immu- eligible for acknowledgment pursuant to the nity (including, but not limited to, waivers Federal Acknowledgment Process set forth pendence to the severe tests we en- set forth in chapter 7 of part I of title 5, in part 83 of title 25 of the Code of Federal dured to maintain our union of States United States Code, and sections 1505 and Regulations or any other administrative ac- during the Civil War, to developments 2409a of title 28, United States Code) be ap- knowledgment or recognition process. in science, medicine, and technology,

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The very policy that the gress by a large majority. recognition to the Native Hawaiian en- United States advanced toward Native So I urge my colleagues to vote to tity but withheld any tribal powers and Americans from destruction to assimi- fulfill our constitutional responsibility privileges, such as immunity from law- lation to reservation were conflicting toward indigenous people residing in suit and State jurisdiction, until after and did not usually produce favorable the United States and vote for this bill. negotiations with—and the consent results, at least from the perspective of Mr. Speaker, I reserve the balance of of—the State of Hawaii and this Con- the Native American. my time. gress. Though this does not resolve my Today, we are considering a measure Mr. HASTINGS of Washington. Mr. fundamental objection to the bill, it which seeks to rectify a wrong that oc- Speaker, I yield myself such time as I was an arrangement that drew the curred 117 years ago. On January 17, may consume. strong support of Governor Lingle of 1893, the legitimate Kingdom of Hawaii (Mr. HASTINGS of Washington asked Hawaii. was overthrown by American specu- and was given permission to revise and In contrast, the substitute alters this lators with the active participation of extend his remarks.) fundamental nature of the bill. Let me the U.S. military. Five years after this Mr. HASTINGS of Washington. Mr. quote the words that the Governor of overthrow, Hawaii was annexed to the Speaker, I rise in opposition to H.R. Hawaii, Governor Linda Lingle, used to United States and the lands of the in- 2314 and the substitute text that will be describe this rewrite: ‘‘The current bill digenous population were lost to sugar offered by my good friend from Hawaii establishes that the Native Hawaiian governing entity would start with plantations. Their health, education, (Mr. ABERCROMBIE). broad governmental powers and au- and economic standing diminished Mr. Speaker, at the outset of this de- thorities, with negotiations to follow.’’ greatly, a saga that has been repeated bate, it is important for all Members to Again, the original bill starts with ne- again and again with respect to Native understand that the substitute text that they will ultimately be voting on gotiations, followed by a grant of pow- Americans throughout our country. ers and authorities that are subject to The measure we are considering today is fundamentally changed from the consent of the State. But the sub- today is not a restitution measure, nor the original underlying bill that the stitute starts with the grant of powers is it an outright recognition measure. House voted on in 2007. This rewritten and authorities without the consent of What it would do is create a process by text, the Abercrombie substitute, was the State, followed by negotiations for which the Native Hawaiian governing drafted behind closed doors away from public view. It was unveiled less than yet more benefits and powers. body would be reorganized, and the po- Let me be specific, Mr. Speaker, in 48 hours before we in the House were to litical and legal relationship with the two instances. First, section 9 of the be debating and voting on that sub- United States would be reaffirmed. substitute clearly spells out the powers stitute. Regrettably, Mr. Speaker, this I think it is important to note what granted to the Native American gov- this bill does not do: It does not allow lack of transparency has become the erning entity before negotiations with- for gaming; it does not provide for the standard operating procedure for this out the consent of the State; it is im- transfer of any lands; it does not Democratic-controlled House. munity from any lawsuit in any Fed- change civil or criminal jurisdiction by Mr. Speaker, I am certain we will eral or State court, with only minor the State or Federal Governments; and hear appeals from the bill’s advocates exceptions. Second, it is that ‘‘govern- it does not provide for any new eligi- that the vote on this bill should not be mental’’ activities pursued by the enti- bility into Indian programs. a partisan matter. I would agree. This ty or its officers and employees shall Following reorganization of a gov- is not a partisan matter; rather, it is a not be subject to State regulatory or erning body, the bill authorizes nego- question of what is right and constitu- taxation authority. The wording of this tiation among the Federal, State, and tional. But appeals to nonpartisanship section suggests that the State crimi- Native Hawaiian governing entities to ring hollow when the bill was rewritten nal authority will not even apply to of- address certain powers and authorities. in secret by just one party and then ficers and employees of the Native Ha- Any changes in these areas would re- rushed to the floor with little time for waiian governing entity as long as they quire enactment of additional Federal scrutiny by the minority, but more im- are acting within the scope of their du- and possibly State legislation. portantly, Mr. Speaker, little time for ties. Beginning in 1920, Congress began scrutiny by the American people or the To once again quote from the Gov- passing legislation specifically for the citizens of Hawaii. ernor of Hawaii’s statement from last benefit of Native Hawaiians. To date, There is nothing more troubling night, ‘‘I do not believe such a struc- over 160 laws have been enacted to pro- about the House voting on a fundamen- ture, of two completely different sets vide the Native Hawaiian community tally rewritten bill than the position of rules—one for ‘governmental’ activi- with everything from housing to repa- made public by the Governor of Hawaii. ties of the Native Hawaiian governing triation of Hawaiian human remains Something is very wrong when that entity and its officers and employees, from the Nation’s museums. In each Governor, a longtime vocal advocate of and one for everyone else—makes sense case, Congress understood its right and Native Hawaiian recognition, feels for Hawaii.’’ responsibility to enact laws affecting compelled to issue a statement last Quoting further, ‘‘In addition, under the native peoples of Hawaii similar to night that she can’t support this re- the current bill, the Native Hawaiian natives of the other 49 States. This is written bill. governing entity has almost complete not a matter of race; it is a matter of Now, the Governor and I disagree on sovereign immunity from lawsuits, in- Congress properly dealing with the in- the fundamental question of recogni- cluding from ordinary tort and con- digenous populations as expressly sanc- tion, I want to make that clear, just as tract lawsuits, and I do not believe this tioned by the Constitution of the I fundamentally disagree with my good makes sense for the people of Hawaii.’’ United States. friend from Hawaii (Mr. ABERCROMBIE) And I am quoting from Governor To allege that the Congress cannot but I also strongly disagree with the Lingle. engage in legislation of the pending na- House acting to impose a changed bill Without question, this rewritten bill ture regarding Native Hawaiians is to on one of the 50 States over their Gov- strikes at the heart of the State of Ha- ignore the fact that there are 564 Fed- ernor’s objections, especially when this waii’s authority to enforce health and erally recognized Indian tribes in this Governor has long supported, as I men- environmental regulations, taxes, and country. The bill before us today is tioned, the concept of Native Hawaiian criminal law enforcement equally similar legislation that has passed the recognition and the original text of the among its citizens. Congress should not House in previous Congresses. During bill. be party to imposing this upon this the 106th Congress, we passed a similar Let me explain the difference be- State, or for that matter any State. bill under suspension of the rules when tween the underlying bill, which is ba- Yet, despite the State of Hawaii’s con- the Republicans held the majority. sically what the House passed in the cerns with the rewritten bill, here we

VerDate Mar 15 2010 04:07 May 18, 2010 Jkt 089060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H23FE0.REC H23FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H706 CONGRESSIONAL RECORD — HOUSE February 23, 2010 are tonight debating it on the floor of the Federal Government’s imposing a waii, I think, are just what you need the House of Representatives. This leg- new racially based subpopulation of right now. If you would allow me to islation violates also, in my view, the citizens on the islands. Like their fel- come over and present them to you, United States Constitution because it low Hawaiians who voted overwhelm- that will give you an opportunity to establishes a separate, race-based gov- ingly for Statehood in 1959, Hawaiians contemplate as to whether or not, out ernment of Native Hawaiians. today want a say in the future of their of regard for our friendship and affec- The authors and advocates of this archipelago. The same poll found that tion for each other, you will actually bill have argued that Native Hawaiian 58 percent want a Statewide vote on support the bill. recognition is no different than Con- this issue. Mr. HASTINGS of Washington. Re- gress recognizing an Indian tribe, and So, Mr. Speaker, I have an amend- claiming my time, I hope the gen- yet, Mr. Speaker, there are very impor- ment that will be offered which would tleman has checked with the Ethics tant and real differences. Native Ha- require just such a Statewide vote, and Committee; but having been a long- waiians are not and never have been I hope all Members will join me in time member, I gladly accept that members of an Indian tribe. Native Ha- adopting that amendment. from my good friend. waiians do not share the same political As I noted at the outset of my re- Mr. ABERCROMBIE. Mr. Speaker, I and legal history as Federally recog- marks, the House last voted on Native can assure you that the Ethics Com- nized Indian tribes. The historical Hawaiian recognition in 2007. I want to mittee, the Parliamentarian and the record on this point is very, very clear. reiterate today, Mr. Speaker, that we Speaker of the House of Representa- For example, in the Hawaii Organic will be voting on a different bill today. tives have assured me that, if you can Act of 1900, section 4 states that all The 2007 legislation was rewritten. I be- consume it on the premises, it’s okay. persons who were citizens of the Re- lieve the changes today are so fun- Mr. HASTINGS of Washington. Mr. public of Hawaii in 1898 were declared damentally different that those Mem- Speaker, I reserve the balance of my citizens of the United States and citi- bers who voted ‘‘yes’’ in 2007 should time. zens of the Territory of Hawaii. take the time to reconsider their votes. Mr. RAHALL. Mr. Speaker, before I Mr. Speaker, if Congress then be- There is another compelling reason yield to the author of the pending leg- lieved it was recognizing the existence for reconsideration when the Governor islation, I would like to make a couple of a separate Native Hawaiian commu- of Hawaii, the State that is impacted, of comments and praise him for his nity, the Organic Act would have ex- has gone from an enthusiastic sup- hard work and for his determination, pressly reflected this; instead, all Ha- porter of the 2007 bill to not supporting persistence and patience on the pend- waiians were recognized as full citi- the rewritten bill. I hope many of my ing matter. zens. Mr. Speaker, this is in stark con- colleagues will recognize this dramatic For 20 years, NEIL ABERCROMBIE and I trast to our Nation’s history of less change from just 3 years ago. The Gov- have served together on our Natural than equal treatment of individual In- ernor remains a committed supporter Resources Committee. We have fought dians and Indian tribes. of Native Hawaiian recognition. Her many battles together, and I have al- But try as we might, Congress cannot position has not changed. It is the bill ways been proud to call him my revise historical and political facts. that has been fundamentally changed friend—a unique friend, I might add at H.R. 2314 attempts to do just this, to and rewritten. Like the Governor, who that—and I’m not even getting any rewrite legal history. Mr. Speaker, this supported the 2007 bill, they, too, have chocolate-covered macadamia nuts this observation is shared by constitutional good reason to oppose this rewritten evening. and civil rights experts. For example, version today. He has always been able to work to- in its 7–2 decision, the Supreme Court Now, Mr. Speaker, before concluding gether with Members of differing views in Rice v. Cayetano commented on the my opening statement, I want to take and backgrounds. He has always re- proposition of Native Hawaiian rec- a moment to publicly state that I have mained decent, fair-minded, able to ognition, saying that it, and I quote a great deal of respect and affection for reach across the aisle both politically from that case, ‘‘would raise questions my colleague from Hawaii, NEIL ABER- and philosophically, and I find that a of considerable moment and difficulty. CROMBIE. He is departing the House at truly commendable feature of this gen- It is a matter of some dispute whether the end of this week, and I do regret tleman. Congress may treat the Native Hawai- that I am leading the opposition to his As we have already heard from the ians as it does the Indian tribes.’’ bill in his final days here in the House. minority side, he will be leaving the Just yesterday, the U.S. Commission To be very honest, Mr. Speaker, I Congress at the end of this week, but I on Civil Rights reiterated its standing would much rather be on the floor sup- can tell him that his mark on this in- opposition to any legislation, and I porting his bipartisan legislation to stitution will live on much longer after quote from the commission, ‘‘that write into law a 5-year plan to develop he has returned to his beloved Hawaii would discriminate on the basis of race America’s offshore oil and gas reserves. and to his other pursuits. He has been or national origin and further sub- Regrettably, such reasonable legisla- a champion of all Native Americans divide the American people into dis- tion stands no chance of making it to during his time in this Congress. It is a crete subgroups according to varying the floor in this Congress, and I do re- testament to NEIL that he will spend degrees of privilege.’’ gret that. his last days in this body fighting for Mr. Speaker, in 1959 a vote was taken So I hope that my good friend knows the rights of Native Hawaiians. in Hawaii on the question of becoming that my opposition to this recognition It is now, indeed, my honor to yield 5 a State. Over 94 percent voted in favor bill is based on my view of the matter minutes to the gentleman from Hawaii of statehood. In other words, citizens of and is not a reflection of the high re- (Mr. ABERCROMBIE). Hawaii voted overwhelmingly to join gard for which I hold him as my friend. Mr. ABERCROMBIE. Thank you, Mr. our Union as one unified State. I want to wish him well in his future Chairman. Thank you, DOC. My regard endeavors—well, maybe not real, real for you and for all of the Members is, of 1800 b well. course, something that, I trust, is un- Today, under this bill, Congress will Mr. ABERCROMBIE. Will the gen- derstood by all. I see my good friend vote on dividing the State of Hawaii tleman yield? DON YOUNG there as well. through the creation of a separate gov- Mr. HASTINGS of Washington. I Mr. Speaker, this bill is an enabling erning entity based solely on race. If yield to the gentleman from Hawaii. bill. It establishes a process. The core Congress is going to impose this divi- Mr. ABERCROMBIE. I am deeply of this bill assures that a Native Ha- sion on Hawaii over the objections of touched by your remarks. Your friend- waiian Government has the same pow- its Governor, then I believe the citizens ship is something I treasure and value. ers and sovereign immunity as other of Hawaii themselves deserve to have a I am so taken by it, as a matter of fact, native governments, and this is con- vote on this matter. that I wonder if you would allow me to sistent with the history of the legal In a Zogby poll from December 2009, present you with a token of my esteem discussions and court cases that have a couple of months ago, only 34 percent and my regard for you. These choco- taken place over such a long period of of Hawaiians supported the concept of late-covered macadamia nuts from Ha- time.

VerDate Mar 15 2010 04:07 May 18, 2010 Jkt 089060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H23FE0.REC H23FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 23, 2010 CONGRESSIONAL RECORD — HOUSE H707 Since the passage of the bill in the The Native Hawaiian Government miration and affection for every Mem- Resources Committee, we have had 2 will have sovereign immunity, as I in- ber of this House of Representatives. months of discussions with the Hawaii dicated, the same as other native gov- This is the people’s House. You can State Attorney General. As a result, we ernments—no more, no less. This is not only enter it upon the fact of having have made numerous changes in the a new provision. Under the bill passed been elected by your constituents. substitute amendment, and have added by the House in the last Congress, the They have placed their faith and trust several pages of new text to make the Native Hawaiian governing entity in us, and I extend my faith and trust State more comfortable with how a na- would also have had sovereign immu- that this House will continue the great tive government interacts with the nity once it had been federally recog- tradition of democracy. State government. nized. I want to say to one and all that I This is, in fact, my amendment, and In support of this bill are the Con- love you, and I love this House. I wanted to assure the minority on the gressional Delegation of Hawaii, the Mr. Speaker, I rise today in support of H.R. floor—I don’t think there is a minority National Congress of American Indi- here. DOC is quite right. It’s not a ques- 2314, the Native Hawaiian Government Reor- ans, the Alaska Federation of Natives, ganization Act of 2009 and a substitute tion of Republican versus Democrat or et cetera, et cetera. The Native Amer- majority versus minority. It is a ques- amendment that I will offer on the House floor. ican Caucus, under Representatives This is legislation that the Hawaii Congres- tion of perspective as to what is appro- KILDEE and COLE, as caucus Chairs, are priate with regard to Native Hawaiians sional delegation has been working on for supportive as are the Native Hawaiian more than 10 years and it is a privilege to see and other native people and how they organizations, such as the Sovereign establish relationships both with local this progress through the legislative process Council of Hawaiian Homestead Orga- as my time in Congress comes to an end. governments and State governments in nizations, the Council for Native Ha- the United States of America. waiian Advancement and the Office of The purpose of the bill is to provide a proc- So this has not been something be- Hawaiian Affairs. Local political lead- ess for the reorganization of the Native Hawai- hind closed doors. Quite the opposite. ers in both houses of the legislature ian governing entity for the purposes of a fed- It has been a full and complete discus- and numerous resolutions from both of erally recognized government-to-government sion with the Governor and with the those bodies are in support. relationship. The Native Hawaiian Government Attorney General, and I think that is The SPEAKER pro tempore. The Reorganization Act would provide Native Ha- reflected in the Governor’s statement. waiians the same right of self-governance and In conversation with Governor Lingle time of the gentleman has expired. Mr. RAHALL. I yield the gentleman 2 self-determination that are afforded to other in- today, we concluded that we would additional minutes. digenous peoples. agree to disagree. As Representative Mr. ABERCROMBIE. I could not take Since Hawaii was annexed as a territory, HASTINGS has indicated, she continues leave of the floor, Mr. Speaker, without the United States has treated Native Hawai- to support the legislative object of the mentioning the following: ians in a manner similar to that of American bill, and I want to assure the House It is one thing for Representative Indians and Alaska Natives. This bill would that her administration will not be dis- HASTINGS or YOUNG or RAHALL or my- formalize that relationship and establish parity advantaged in any way in any negotia- self and others to take to the floor, but in federal policies towards all of our indige- tions undertaken upon the passage and without staff support, it simply nous peoples. signing of this bill. As a candidate for Governor myself, I couldn’t be done. I would also like to provide supporting docu- am completely comfortable with the Our friend, an institutional giant of mentation on the sections of H.R. 2314 pri- language of the substitute, and believe the Resources Committee, Marie How- marily affected by the amendment in the na- that no Governor, regardless of who it ard, is retiring from the Natural Re- ture of a substitute that I am offering on the may be, will be disadvantaged. The sources Committee. I want to commend House floor today. The following is additional substitute amendment treats a Native her, not just for the work on this bill, language on Sections 3, 9 and 10. but for all of the devotion that she has Hawaiian entity as any other native SEC 3. DEFINITIONS had to the House. government, and it follows literally The definition of ‘‘Native Hawaiian Mem- centuries of existing Native American Janet Erickson is taking her place as staff director for Indian Affairs. bership Organization’’ identifies organiza- law. tions through which Native Hawaiians have Native Hawaiians are not a race. In addition to Marie and Janet, Rick sought to preserve their culture, native tra- They are a native indigenous people of Healy and Jim Zoia have been heavily ditions, and self-governance. These organiza- the United States. The United States involved in bringing this bill to the tions are an important (though not the ex- Supreme Court has repeatedly held floor. Their efforts are deeply appre- clusive) means through which Native Hawai- that legislation enacted to address the ciated by everyone. ians have succeeded in maintaining their na- special concerns and conditions of na- Countless hours of staff time in the tive traditions and culture, and given expres- administration—both departmental sion to their rights to self-determination and tive people of the United States does self-governance. Indeed, Congress has relied not constitute discrimination on the and within the White House—have been put forward. on such organizations to function as official basis of race or ethnicity. The sov- representatives of the Native Hawaiian com- ereign status of Indian tribes, recog- As has been indicated, Mr. Speaker, munity in other statutory contexts. In the nized by the Constitution, was later ex- this bill has passed out of the House Native American Graves Protection and Re- tended to Alaska natives as indigenous Natural Resources Committee four patriation Act, for example, Native Hawaiian people, and Representative YOUNG can times already. It has passed from the organizations function as representatives of attest to that in his remarks. On this House floor twice under the leadership the Native Hawaiian community with re- same basis then, Congress has enacted of as diverse a group of Chairs as Jim spect to Native Hawaiian remains and funer- Hansen, DON YOUNG, GEORGE MILLER, ary objects, just as federally-recognized In- legislation on multiple occasions for dian tribes represent their communities with and NICK RAHALL. I note as well that the aboriginal, indigenous people of respect to Indian remains and objects. See 25 Hawaii. the bill has passed under the leadership U.S.C. § 3001 et seq. of Speaker Dennis Hastert and under Absent the substitute, H.R. 2314 The definition of ‘‘qualified Native Hawai- would unduly limit the power of the the leadership of my good friend Tom ian constituent’’ identifies adult U.S. citi- Native Hawaiian governing entity, DeLay. It is not ideological. It is non- zens who, subject to the procedures and pro- upon recognition, to accomplish the or- partisan. It is the culmination of a leg- visions of Section 8 of the Act, will be eligi- dinary and customary activities of any islative lifetime for me, and it is the ble to participate in the initial reorganiza- other native organization, such as pro- last occasion I will have to address the tion of the Native Hawaiian governing enti- viding for the welfare of their children House as I take my leave. ty. The definition of ‘‘qualified Native Ha- or for the health care of its members. Mr. Speaker, I love this House. I ad- waiian constituent’’ differs from similar mire and respect every Member. It has definitions in prior versions of this legisla- The substitute amendment then will tion in that it requires not only descent from ensure that the Native Hawaiian gov- been a privilege for me to be first the aboriginal, indigenous, native inhab- erning entity will have the same pow- sworn in as the last person to be sworn itants of Hawaii, but also maintenance of ‘‘a ers and authorities that other tribal in by Speaker Tip O’Neill. I take my significant cultural, social, or civic connec- governments exercise today. leave today with profound respect, ad- tion to the Native Hawaiian community.’’

VerDate Mar 15 2010 04:07 May 18, 2010 Jkt 089060 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H23FE0.REC H23FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H708 CONGRESSIONAL RECORD — HOUSE February 23, 2010 An individual must demonstrate this connec- and immunities that this entity, the State of ereignty and self-governance. Three Affili- tion by satisfying at least two of the ten list- Hawaii, and United States will have during ated Tribes of Fort Berthold Reservation v. ed criteria, which include residence in Ha- the interim period immediately following Wold Engineering, 476 U.S. 877, 890 (1986) (cit- waii, residence on Hawaiian Homes Commis- recognition but before the three sovereigns ing Santa Clara Pueblo v. Martinez, 436 U.S. sion Act (HHCA) lands (or status as the child have negotiated a long-term agreement or 49 (1978)). Immunities have a range of func- or grandchild of such a resident), eligibility agreements and enacted any implementing tions, including preventing ‘‘distraction of to be a beneficiary of Hawaiian Homes Com- legislation. officials from their governmental duties, in- mission Act programs, status as the child or The demarcations of authority between the hibition of discretionary action, and deter- grandchild of a person with such eligibility, State, the new Native Hawaiian sovereign, rence of able people from public service.’’ residence or ownership interest in ‘‘kuleana and the United States are most appro- Harlow v. Fitzgerald, 457 U.S. 800, 816 (1982). land’’ that is owned in whole or in part by a priately determined by agreement between Accordingly, the Native Hawaiian sovereign verified lineal descendant of the person who those three sovereigns, as provided for by should enjoy the same immunity from law- received original title to such land (or status section 9(c). Recognition of the Native Ha- suits in federal and state courts as sovereign as a child or grandchild of a person with such waiian sovereign is a necessary precondition Indian tribes in the continental United a residence or ownership interest), attend- to the development of such an agreement. States enjoy. (Under the Indian Civil Rights ance for at least one school year at a school Thus, it is necessary for Congress to provide, Act, 25 U.S.C. § 1303, this immunity does not or program taught through the medium of not only for the inherent authorities of the extend to federal habeas petitions brought the Hawaiian language or at a school found- Native Hawaiian sovereign, but also for an by persons alleging that they have been deed and operated primarily or exclusively for interim set of rules to demarcate its author- tained in violation of their federal civil the benefit of Native Hawaiians (or status as ity from that of the State. Those interim rights. See Santa Clara Pueblo, 436 U.S. at the child or grandchild of a person who at- rules will cease to have any effect once the 58–59.) tended such a program), membership in a Na- three sovereigns have negotiated, and their Likewise, the officers and employees of the tive Hawaiian organization, or recognition legislatures have adopted, an agreed set of Native Hawaiian governing entity should as Native Hawaiian and as the son or daugh- superseding rules. enjoy the same common-law immunities as ter of a person recognized as Native Hawai- SEC. 9(B) & (C) GOVERNMENTAL AUTHORITY AND the officers and employees of any Indian ian by other members of the Native Hawai- POWER; NEGOTIATIONS tribe. As with Indian tribal officers, officers ian community. This section affirms the inherent authority of the Native Hawaiian governing entity The inclusion of these criteria will ensure of the Native Hawaiian government, con- might be sued for declaratory or injunctive that the persons who participate in the reor- sistent with existing federal law. Histori- relief under principles akin to the doctrine ganization of the Native Hawaiian governing cally, when Congress has enacted legislation of Ex parte Young, 209 U.S. 123 (1908). As is entity are persons with Native Hawaiian an- allowing for the reorganization of native also the case with Indian tribal officers, an cestry who have established ties to the Na- governments, it has recognized that those official of the Native Hawaiian sovereign tive Hawaiian community, as evidenced governments are vested with inherent tribal that acts outside the scope of his or her au- through, for example, connection to Native authority under existing federal law. See In- thority may be liable to a suit for money Hawaiian traditional lands, whether HHCA dian Reorganization Act of 1934, 25 U.S.C. damages. Notably, there will not be Indian lands or kuleana lands, or a combination of § 476(e)–(h); Amendment to Indian Reorga- country in Hawaii in the initial period after residence in Hawaii and connections with nization Act for Alaska (1936), 25 U.S.C. the Native Hawaiian governing entity is or- Hawaiian-language schools or Native Hawai- § 473a. Congress retains the ability to modify ganized, which will limit the scope of author- ian associations and organizations—both of the contours of inherent tribal sovereignty. ity and associated immunity that such offi- which are means through which the Native United States v. Lara, 541 U.S. 193 (2004); cials may assert. There will certainly be im- Hawaiian community has sought to preserve United States v. John, 437 U.S. 634 (1978). The munity in some instances: for example, a Na- and give expression to its culture and tradi- inherent power of the Native Hawaiian gov- tive Hawaiian legislator could not be sued tions. There is precedent for using associa- erning entity may be modified by agreement for libel based on statements made in the tive factors such as kinship, land, and par- between the Native Hawaiian governing enti- course of the deliberations of the sovereign’s ticipation in native organizations in deter- ty, the United States, and the State of Ha- legislative body, as the immunity of the Na- mining tribal membership. See, e.g., 25 CFR waii pursuant to the negotiations authorized tive Hawaiian sovereign would encompass § 83.7(b)(1)(vii) & (2)(iv) (including ‘‘lan- in paragraph (1) of section 9(c), and subject such conduct. But if an official of the Native guage’’ and ‘‘kinship organization[s]’’ among to the enactment of implementing legisla- Hawaiian governing entity were to defraud a the criteria the Department of the Interior tion. state agency for personal profit in violation considers in determining whether peti- The inherent powers and privileges of self- of state law, he or she would not have indi- tioning tribes can establish that they are a government that vest in the Native Hawai- vidual immunity for such conduct. distinct native community). The last cri- ian governing entity include Native Hawai- Membership in the Native Hawaiian gov- terion, recognition as Native Hawaiian by ians’ inherent right to autonomy in their in- erning entity will be voluntary, paralleling the Native Hawaiian community, is also ternal affairs, and the inherent right to self- the applicable rule for tribes. Accordingly, determination and self-governance. The pow- akin to criteria used to define membership no person could be involuntarily subject to ers with which the Native Hawaiian gov- in a native community in other contexts. the governing entity’s inherent powers and erning entity would be vested at the time of See, e.g., 43 U.S.C. § 1602(b) (Alaska Native privileges. its federal recognition would be inherent, in- Moreover, because there is currently no Claims Settlement Act (‘‘ANCSA’’)). The def- ternal powers of self-government, such as the ‘‘Indian country’’ in Hawaii and because this inition of ‘‘qualified Native Hawaiian con- power to operate under a form of government legislation neither creates ‘‘Indian country’’ stituent’’ will ensure that the persons who of the Native Hawaiians’ choosing; the power or authorizes the United States to take land participate in that reorganization are appro- to define conditions of membership, see into trust for the benefit of the Native Ha- priately connected to the Native Hawaiian Santa Clara Pueblo v. Martinez, 436 U.S. 49, waiian governing entity or its members, the community. Once the Native Hawaiian governing entity 55 (1978); the authority to regulate domestic Native Hawaiian governing entity, at the is reorganized, the United States will recog- relations of members, see Fisher v. District time of its recognition by the United States, nize and affirm the entity’s inherent power Court of Sixteenth Judicial Dist. of Mont., would be able to exercise jurisdiction based and authority (akin to the inherent power 424 U.S. 382, 38—89 (1976) (per curiam); and on membership, but not based on territory. and authority of any Indian tribe) to deter- the power to provide governmental programs The ‘‘inherent powers and privileges’’ exer- mine its own membership criteria, to deter- and services to members. cised by the Native Hawaiian government In addition, upon federal recognition, the mine its own membership, and to grant, thus would not generally extend to non-na- Native Hawaiian governing entity would be deny, revoke, or qualify membership without tives. entitled to sovereign immunity from suit. In the absence of Indian country, a court regard to whether any person was or was not See Kiowa Tribe of Oklahoma v. Manufac- established by the Native Hawaiian gov- deemed to be a ‘‘qualified Native Hawaiian turing Technologies, Inc., 523 U.S. 751 (1997); erning entity would have no civil jurisdic- constituent’’ under this Act. Membership Santa Clara Pueblo v. Martinez, 436 U.S. 49, tion over non-natives unless they expressly criteria set forth in the Native Hawaiian 58 (1978). In upholding tribal sovereign immu- submitted to the court’s jurisdiction. Absent governing entity’s organic governing docu- nity, courts have recognized Congress’s de- such consent, the governing entity’s civil ad- ments should provide that membership is sire, expressed through legislation, to pro- judicative jurisdiction could not exceed its voluntary and can be relinquished, as is typi- mote the ‘‘goal of Indian self-government, civil legislative jurisdiction, which would cally the case with Indian tribes. including its ‘overriding goal’ of encouraging not extend to regulating the behavior of non- SEC. 9. REAFFIRMATION OF DELEGATION OF FED- tribal self-sufficiency and economic develop- natives. ERAL AUTHORITY TO STATE OF HAWAII; GOV- ment.’’ Oklahoma Tax Comm’n v. Citizen Nothing in this Act would alter or preempt ERNMENTAL AUTHORITY AND POWER; NEGO- Band Potawatomi Indian Tribe of Okla., 498 the State of Hawaii’s existing legislative, TIATIONS; CLAIMS U.S. 505, 510 (1991) (quoting California v. regulatory, or taxation authority over indi- Section 9 affirms the inherent powers and Cabazon Band of Mission Indians, 480 U.S. viduals who are members of the Native Ha- privileges that will vest with the Native Ha- 202, 216 (1987)). waiian governing entity or their property. waiian governing entity upon federal rec- The common-law sovereign immunity pos- And state and federal courts, again in the ab- ognition, and clarifies the respective powers sessed by tribes is a corollary to Indian sov- sence of Indian country in Hawaii, would

VerDate Mar 15 2010 04:07 May 18, 2010 Jkt 089060 PO 00000 Frm 00058 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H23FE0.REC H23FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 23, 2010 CONGRESSIONAL RECORD — HOUSE H709 continue to exercise criminal and civil juris- immunity as to ICRA claims. See Santa Mr. HASTINGS of Washington. Mr. diction as they currently do. If the Native Clara Pueblo v. Martinez, 436 U.S. 49, 58–59 Speaker, as I said in my remarks, the Hawaiian governing entity established a (1978). gentleman from Hawaii certainly will court, its criminal and civil jurisdiction over One provision of ICRA operates to reaffirm members of the Native Hawaiian governing the authority of tribal courts ‘‘to exercise be missed. entity would therefore be concurrent, not ex- jurisdiction over all Indians.’’ It is antici- With that, Mr. Speaker, I yield 3 clusive. pated, upon recognition, the Native Hawai- minutes to the gentleman from Alaska At some point after the United States’ ini- ian sovereign will have jurisdiction only (Mr. YOUNG). tial recognition of the newly reorganized Na- over its own members, for reasons explained (Mr. YOUNG of Alaska asked and was tive Hawaiian governing entity, negotiations in the discussion of sections 9(b) and (c). It is given permission to revise and extend among the three sovereigns—the United not intended, in providing for the applica- his remarks.) States, the State of Hawaii, and the Native bility of ICRA, that the courts of the Native Mr. YOUNG of Alaska. Mr. Speaker, I Hawaiian governing entity—could alter Hawaiian sovereign thereby acquire jurisdic- many of these ground rules. For example, if tion over nonmembers. can only say I am losing a good friend the three sovereigns eventually agreed to the SEC. 10(C)(1) & (2) STATUTES AND REGULATIONS who will go to better and greater creation of Indian country within the State REFERENCING ‘‘INDIANS’’ AND ‘‘TRIBES’’ places. of Hawaii (and legislation was then enacted This language is intended to avoid uncer- You have been an ally to myself and to implement that agreement), then it is tainty, and potential litigation, as to wheth- to the feeling of working bipartisan possible that the Native Hawaiian governing er Native Hawaiians are properly considered work with the chairman on both sides entity could then exercise certain types of ‘‘Indians,’’ or the Native Hawaiian sovereign of the aisle. We have always talked to authority or jurisdiction over nonmembers is properly considered an ‘‘Indian tribe’’ one another, and we have recognized (even without their express consent). under every existing statute involving Indi- the importance of being ‘‘the’’ Con- SEC. 9(D) CLAIMS ans and Indian tribes. These terms occur throughout the United States Code and asso- gressman and of listening to the Con- The language in this provision is intended gressman from that district. I have to ensure that this legislation does not ex- ciated implementing regulations. Such ref- tinguish, revive, or alter any claim. Simi- erences to ‘‘Indians’’ and ‘‘tribes’’ do not sponsored this bill every time it has larly, this legislation does not affect existing generally encompass Native Hawaiians. come out of the committee—while I defenses to claims, nor does it provide a new When Congress wishes to reference Native was chairman, before I was chairman, basis to bring otherwise time-barred claims. Hawaiians, it has done so expressly. There is after I was chairman—and I will con- This legislation does not provide the basis an extensive body of federal Indian statutes tinue to do that. and regulations specifically addressing Na- for the Native Hawaiian governing entity or I understand minority Member DOC other Native Hawaiian groups to re-litigate tive Hawaiians, often in conjunction with HASTINGS and his position and why he claims that have already been resolved by other Native Americans. E.g., American In- the courts or to retroactively impose new ob- dian Religious Freedom Act, 42 U.S.C. § 1996; opposes it; but as we talk about this ligations on the federal government or the Native American Graves Protection and Re- politically, we have to think about the State of Hawaii. These provisions are nec- patriation Act, 25 U.S.C. § § 3001–3013; Native people whom we are affecting by our essary because Native Hawaiians are dif- American Programs Act of 1974, 42 U.S.C. words. They have been patient, patient, ferently situated than other entities that § 2991–2992. patient, and it is time for us to take By incorporating only those statutes that have been federally recognized. Native Ha- the step forward. waiian claims—in contrast to those of most expressly reference Native Hawaiians, section 10(c)(2) provides clear direction to fed- Is this bill perfect? No. I think it’s newly recognized tribes—have been exten- better after the amendment is adopted. sively litigated over the past 100 years. eral agencies regarding which programs and There has been extensive litigation relating statutes are available to Native Hawaiians I think it does solve the problems. to land claims, claims for money damages, and avoids statute-by-statute litigation over There is no Indian Country in Hawaii. the scope of these statutes. It is anticipated and other types of claims, dating back at Land cannot be taken into trusts. A that a body of law addressing Native Hawai- least to 1910. Issues concerning asserted his- Native Hawaiian governing entity may ians will develop over time, based on cur- toric or moral claims may be the subject of not exercise jurisdiction over non-Na- rently existing statutory and regulatory pro- negotiations among the new Native Hawai- visions and new legislation and court deci- tive Hawaiians. The State of Hawaii ian governing entity, the State of Hawaii, sions. shall retain regulatory and taxation and the United States, together with the authority over Native Hawaiians. other issues encompassed within the process SEC. 10(D) REAL PROPERTY TRANSFERS set forth in section 9(c) of this Act, and that The Trade and Intercourse Act, first en- Yet these are Native Hawaiians, and such negotiations will provide an appro- acted in 1790, requires congressional assent I can speak with a great deal of pride priate forum in which to address these to transfers of Indian land title to third par- as to what happened in Alaska. In 1971, claims questions. ties. The Trade and Intercourse Act has we passed the Alaska Native Lands Act The language will not limit claims by the never been thought to apply to the alien- where we recognized the natives of Native Hawaiian governing entity that first ation of Native Hawaiian lands. As a result, Alaska, Alaska natives—distinct and arise after recognition of the Native Hawai- parties have not sought congressional ratification pursuant to 25 U.S.C. § 177 prior to the different from those natives in the ian governing entity. lower 48—but Alaska natives. SEC. 10(C)(3) INDIAN CIVIL RIGHTS ACT transfer of these lands. To apply the Trade and Intercourse Act retroactively could im- This provision expressly makes the Indian b 1815 pose significant liabilities on land owners in Civil Rights Act of 1968, 25 U.S.C. § § 1301–1303, Hawaii, as well as on the State of Hawaii. And the progress they have made and applicable to the Council and the Native Ha- The language in section 10(d) clarifies that the contribution they have made to the waiian governing entity. The Indian Civil Congress approves all prior land transactions State is amazing. They are the number Rights Act (ICRA) provides certain civil- in Hawaii, which eliminates the possibility rights protections similar to those under the one, I would say, economic driving of a cloud on title issuing from the Trade force in the State today. From a large Bill of Rights and the Fourteenth Amend- and Intercourse Act. ment, including the rights to a speedy trial, Section 10(d) is primarily directed to the group of people, 13 basic different to a jury trial (in certain criminal cases), to State and private parties, but the language tribes, regions, they are from a group confront witnesses, and to avoid double jeop- is written to include all transactions, includ- that wasn’t recognized other than the ardy. See 25 U.S.C. § 1302. Importantly, being those involving the federal government, fact that they were natives, that they cause this provision makes ICRA expressly to avoid future uncertainty and litigation. really did not fit well. But they were applicable to the Native Hawaiian governing After recognition of the Native Hawaiian part of this State before we long came entity, a person would be able to file a ha- governing entity pursuant to this legisla- there, my State, and their contribu- beas corpus petition in federal court to chal- tion, it is not Congress’s intent that the lenge the legality of his detention by an Trade and Intercourse Act would apply to fu- tion, because they were recognized, is order of the Native Hawaiian governing enti- ture land transactions by individual Native just awesome. And I’m hoping this hap- ty. Id. 1303. Without express application of Hawaiians. See United States v. Dann, 873 pens in the State of Hawaii. ICRA’s habeas corpus provision to the Native F.2d 1189 (9th Cir.), cert. denied 493 U.S. 890 For those in Hawaii that may oppose Hawaiian governing entity, it would be un- (1989). this, open your hearts. Open your clear whether a person could challenge in I would like to thank Chairman RAHALL and minds. Maybe do a little something a federal court a detention ordered by a Native little different in Hawaii, as we did in Hawaiian court. While ICRA allows a person the House Leadership for their assistance and to bring a habeas action, and thus serves as support on this legislation. I ask my colleagues Alaska, and see the benefit to the indi- a limited waiver of the Native Hawaiian gov- to advance the reconciliation process for the vidual, not only the natives but every- erning entity’s sovereign immunity, it is not State of Hawaii by supporting my substitute body else. This legislation is a step for- a general waiver of the entity’s sovereign amendment and final passage of H.R. 2314. ward. Is it perfect? The Governor says

VerDate Mar 15 2010 04:07 May 18, 2010 Jkt 089060 PO 00000 Frm 00059 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H23FE0.REC H23FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H710 CONGRESSIONAL RECORD — HOUSE February 23, 2010 no. I think it’s open for debate. But if Native Hawaiian people and the record population in their native land. Con- we don’t do something, if we don’t of the United States’ involvement in gress passed the Hawaiian Homes Com- move forward, those people will be ne- Hawaii. The bill is also consistent with mission Act, which is still in force, in glected again. the over 160 existing Federal laws that recognition of its responsibility toward So I ask my colleagues on my side promote the welfare of the Native Ha- Native Hawaiians. and on the other side to consider mov- waiian people by, among other things, As with other indigenous people, Na- ing on something that is humanely the helping them to preserve their culture tive Hawaiian views on land tenure right thing to do for a group of people and return to their lands. Building on were different from that of the new- that are Americans. They are that history, H.R. 2314 will formalize comers, resulting in loss of much of the aboriginals to the State of Hawaii. the special political and legal relation- land that had been traditionally occu- They are brothers to Alaska. We’ve ship between the United States and the pied and cultivated by Native Hawai- worked together. We will continue to Native Hawaiians by providing a proc- ians. They lost these lands to these do that. ess through which the Native Hawaiian newcomers. So I compliment, again, my good community can reorganize its gov- Hawaii became a State in 1959. Begin- friend NEIL for his work and his dedica- erning entity within this relationship. ning in the late 1960s and early 1970s, a tion to this House, representing his The Kingdom of Hawaii was over- Native Hawaiian cultural rediscovery people. That’s what we’re here for. And thrown in 1893. Hawaii’s last monarch, began in music, hula, language, and thank God we do have people like that Queen Liliuokalani, was deposed by an other aspects of the culture. This cul- left. armed group of businessmen and sugar tural renaissance was inspired by hula I will miss you, NEIL. planters, who were American by birth masters or kumu hula who helped Mr. RAHALL. Mr. Speaker, I am very or heritage, with the critical support of bring back ancient and traditional proud at this moment to yield 6 min- the U.S. troops. The queen agreed to hula, musicians and vocalists who utes to the gentlewoman from Hawaii relinquish her thrown under protest to brought back traditional music and (Ms. HIRONO), who has been instru- avoid bloodshed. She believed the sang in the Hawaiian language, and po- mental as well in passing this legisla- United States, with which Hawaii had litical leaders who sought to protect tion and bringing it, that is, to the diplomatic relations, would do the Hawaii’s sacred places and natural point that we are now experiencing. Ms. HIRONO. Mr. Speaker, I rise right thing and restore her to the beauty. today in strong support of H.R. 2314, thrown. This flourishing of Hawaiian culture It’s important to note that the sov- the Native Hawaiian Government Reor- was not met with fear in Hawaii but ereign nation of Hawaii had treaties ganization Act, and I thank my good with joy and celebration and an in- with other nations besides the United creased connection with each other. friend Congressman YOUNG from Alas- ka for his remarks. States, including Great Britain, People of all ethnicities in Hawaii re- Long denied the recognition and France, Germany, Italy, Japan, and spect and honor the Native Hawaiian rights accorded to America’s other in- Russia. As we now know, despite the culture. The idea of self-determination digenous people, this bill will finally objections of U.S. President Grover by Native Hawaiians is regarded by enable Native Hawaiians to embark on Cleveland, the injustice of the over- most of our residents as just because their long-awaited process of achieving throw of an independent sovereign na- we understand Hawaii’s history and the self-determination. I would like to tion was allowed to stand and the Re- importance of our host culture. thank Chairman RAHALL for his leader- public of Hawaii was established. The SPEAKER pro tempore (Mr. ship and general support of this impor- In 1898, the United States annexed YARMUTH). The time of the gentle- tant bill. And, of course, I want to rec- Hawaii. Prior to annexation, a petition woman has expired. ognize and thank my friend Congress- drive organized by Native Hawaiians Mr. RAHALL. I yield the gentleman ABERCROMBIE, the bill’s chief secured signatures of almost two-thirds woman an additional 1 minute. sponsor, for his years of advocacy for of the Native Hawaiian population who Ms. HIRONO. In closing, it is well es- this bill and for his dedicated service opposed annexation. The total was tablished that the United States Con- to our State and to our country. It is 29,000 signatures out of an estimated stitution grants Congress broad gen- fitting that one of his last legislative Native Hawaiian population of 40,000. eral powers to legislate and respect the actions before his departure from this As a further historical note, the Native native people, and these are powers body will be on the Native Hawaiian Hawaiian population prior to Western that the U.S. Supreme Court has con- Government Reorganization Act, a bill contact numbered between a conserv- sistently described as ‘‘plenary and ex- that we both care deeply about. ative estimate of 300,000 to as many as clusive.’’ Congress’s plenary authority How we treat our native indigenous 1 million Native Hawaiians. over Indian affairs includes the power people reflects our values and who we The siege of Native Hawaiian culture to authorize and prescribe the process are as a country. Clearly there is much continued after annexation. The Re- by which Indian tribes and aboriginal in the history of our interactions with public of Hawaii prohibited the use of people organize or reorganize for pur- the native people of what is now the the Hawaiian language in schools. Ev- poses of carrying out a government-to- United States that makes us less than eryday use of the Hawaiian language government relationship with the proud. The American Indians, Alaska diminished greatly and was in danger United States. Natives, and Native Hawaiians, all in- of dying out. Hula dancing, which had The State of Hawaii motto, which digenous people, have suffered at the been suppressed by the missionaries was also the motto of the Kingdom of hands of our government. But one of and then restored by King Kalakaua, Hawaii, is ‘‘Ua mau ke ea o ka aina i the great attributes of America has al- who preceded Queen Liliuokalani, sur- ka pono,’’ which translates to ‘‘the life ways been the ability to look objec- vived but did not flourish. Hawaiians of the land is perpetuated in righteous- tively at our history, learn from it, were pressured to assimilate and much ness.’’ Native Hawaiians, like Amer- and, when possible, to make amends. of their vibrant culture was lost or ican Indians and Alaska Natives, have H.R. 2314 has been more than 10 years went underground. an inherent sovereignty based on their in the making. It has been a delibera- In 1903, Prince Jonah Kuhio status as indigenous, aboriginal people. tive and open legislative process. There Kalanianaole was elected to serve as I urge your support of H.R. 2314. have been 12 congressional hearings on Hawaii’s delegate to Congress. And one Mahalo nui loa. Thank you. this bill, five of which were held in Ha- of his most notable achievements was Mr. HASTINGS of Washington. Mr. waii. It has been marked up by com- the passage of the Hawaiian Homes Speaker, I am pleased to yield 5 min- mittees in both Chambers. The House Commission Act of 1920, which set utes to the gentleman from California has passed this bill twice, in 2000 and aside some 200,000 acres of land for Na- (Mr. MCCLINTOCK). again in 2007. We have a bill now that tive Hawaiians. The reason for the leg- Mr. MCCLINTOCK. I thank the gen- is constitutional and one that the islation was the landless status of so tleman for yielding. House should again pass. many Native Hawaiians who were dis- Mr. Speaker, it pains me to rise in The goals and purposes of this bill placed by newcomers to the islands and opposition to the valedictory measure are consistent with the history of the who became the most disadvantaged of the gentleman from Hawaii, but

VerDate Mar 15 2010 04:07 May 18, 2010 Jkt 089060 PO 00000 Frm 00060 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H23FE0.REC H23FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 23, 2010 CONGRESSIONAL RECORD — HOUSE H711 there’s no blinking at the fact that this they maintained continuous self-gov- with Mr. ABERCROMBIE on legislation bill strikes at the very foundation of a ernment. that have benefited not only my con- Nation that’s dedicated to the concept Whatever the circumstances involved stituents, but certainly the great State of equality under law. in the revolution of 1893 and the annex- of Hawaii. I also want to thank my col- It establishes a different set of laws, ation of 1898, those circumstances be- league and my dear friend, Ms. HIRONO, a different set of rights, and a different came irrelevant in 1959 when the people and other Members for cosponsoring government for one group of Americans of Hawaii voted by a 17–1 margin, near- this important legislation. based solely upon their race. Two ly 95 percent, to join the Union and to Mr. Speaker, the legislation before us American families living next door to become an integral and indivisible part is very important for many reasons, each other would be afforded two dif- of the American Nation. but none more critically important ferent sets of rights enforced by two The Admissions Act never con- than for Congress to extend proper and separate sovereignties all based en- templated the establishment of a sepa- appropriate recognition for some tirely upon accident of birth. ratist government. The provision the 400,000 indigenous Native Hawaiians in Ever since Brown v. Board of Edu- proponents cite merely provided an op- the State of Hawaii and those living cation buried the ‘‘separate but equal’’ tion of land for homes and small farms outside of Hawaii. Constitutionally, doctrine of Plessy v. Ferguson, the Su- for a very small number of Hawaiians Congress has the authority to address preme Court has consistently ruled with 50 percent native ancestry. The the conditions of the native people of that such an arrangement is fundamen- Admissions Act did not contemplate the United States. And the indigenous tally incompatible with the American establishment of a separatist govern- people of the Hawaiian Islands are a Constitution. ment. It did contemplate assuming the distinctively native community that for many years existed as a sovereign Ten years ago in the case of Rice v. full provisions of the American Con- entity. Cayetano, the Supreme Court, in a 7–2 stitution and the Constitution’s prohi- decision, struck down identical race- History shows us from 1826 until 1893, bition against race-based separatism the United States Government recog- based voting qualifications for the Of- and race-based rights. fice of Hawaiian Affairs. The State ar- nized the Kingdom of Hawaii as a sov- b 1830 ereign and independent nation. It was gued that it could impose race-based accorded full diplomatic recognition. voting qualifications based upon the Legally, a tribe exists only when it The kingdom entered into treaties and precedent of Indian tribes that we’ve has a government that has exercised conventions of peace, friendship, and just heard today. Here’s how the Court substantial authority over its members commerce with the Kingdom of Hawaii, responded. They said: from before western contact continu- governing trade, commerce, and even ‘‘Even were we to take the substan- ously until the present, and when its navigation in the years 1826, 1842, 1849, tial step of finding authority in Con- members mostly live separate and 1875, 1887. Mr. Speaker, yes, even our gress, delegated to the State, to treat apart from surrounding populations. government, the United States of Hawaiians or Native Hawaiians as The sovereignty of that government is America, was party to these treaties tribes, Congress may not authorize a limited to the trust lands of the tribe. and conventions with the sovereign State to create a voting scheme of this These long-established criteria are entirely inapplicable to American citi- Kingdom of Hawaii. sort.’’ Mr. Speaker, more than 100 years ago zens of Hawaiian descent, 40 percent of That’s exactly what this bill does. ambitious descendants of U.S. mission- whom don’t even live in Hawaii accord- This bill establishes a precedent that aries and sugar planters, aided by an ing to the 2000 census. will allow any distinct group within unauthorized and illegal use of U.S. Mr. Speaker, there is no more effec- our Nation to demand its own separate military forces, overthrew the sov- tive way to destroy a nation than to di- organic rights and government. Were ereign Kingdom of Hawaii, which at vide its people by race and accord them we to pass this bill, there would be no that time was ruled by Queen different rates and different govern- grounds to deny any other racial group Lili’uokalani. In 1993, Congress re- ment based upon their race. That is ex- with historic grievances their own sep- affirmed such a travesty on the King- aratist government and exclusive actly what this bill does. dom of Hawaii when they passed a joint rights. Mr. RAHALL. Mr. Speaker, I am very resolution to acknowledge and apolo- Having enacted this law, on what pleased at this time to yield 5 minutes gize on behalf of the United States for basis do we deny every other demand to another valued member of our Nat- the illegal and unlawful overthrow of to tear our country apart? This is a ural Resources Committee, the gen- the Hawaiian kingdom in 1893, and for precedent that is enormously damaging tleman from American Samoa, Mr. Eni the deprivation of the rights and privi- to a multiracial Nation founded upon Faleomavaega. leges of the indigenous Native Hawai- the principles of e pluribus unum and (Mr. FALEOMAVAEGA asked and ians to self-determination. equal justice under the law. was given permission to revise and ex- To this day, Mr. Speaker, the status How exactly do we establish two sep- tend his remarks.) of indigenous Native Hawaiians was arate governing systems and two sepa- Mr. FALEOMAVAEGA. I thank the never properly addressed by the United rate populations with two separate sets chairman for yielding. States Congress. And it is within of civil and legal rights all within the Mr. Speaker, I rise in strong support Congress’s constitutional authority to same territory? Under whose law are of the Native Hawaiian Government do so. Congress and the U.S. Supreme competing claims to be settled? Reorganization Act of 2009. This impor- Court decisions properly determined This bill explicitly provides that the tant piece of legislation is to reaffirm that American Indians of the lower 48 new Native Hawaiian Government and the special political and legal relation- States are an indigenous people. In its official acts cannot be challenged in ship between the United States and the fact, recognition of the Native Alas- an American court. And how exactly indigenous Native Hawaiians for pur- kans as indigenous people of the U.S. can Congress cede by statute the very poses of continuing a government-to- demonstrates this constitutional au- essence of its constitutional authority, government relationship. thority. And even the U.S. Supreme requiring civil and criminal jurisdic- I certainly want to thank Chairman Court has recognized this constitutions and property rights to be nego- NICK RAHALL and the members of our tional authority and has accepted a tiated away to this new governing enti- Natural Resources Committee for their broader conceptualization of indige- ty that’s defined solely by the race of support. I especially want to thank and nous peoples, allowing Congress to rec- its members? recognize my good friend and col- ognize indigenous groups, even those The analogy with American Indian league, the gentleman from the State who are culturally and genealogically tribes is absurd both historically and of Hawaii (Mr. ABERCROMBIE) for his distinct from the narrow concept of legally. Historically, American Indian leadership and tireless efforts in bring- being an Indian or as a tribe. tribes never voted to join the Union. ing this legislation to the floor for con- In the Hawaiian Homes Commission They were conquered by force and ex- sideration. Act of 1921, Congress expressed and re- tended by treaty certain lands in which For some 20 years I have had the affirmed the special and trust relation- they could exercise sovereignty, and privilege and honor of working closely ship between the United States and the

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United States and the Native Hawaiians. In State of Hawaii, and it is unfortunate The legislation before us is very im- addition, the Act also recognized Native Ha- that even today the status of some portant for many reasons, but none waiians as ‘‘a distinct and unique indigenous 400,000 indigenous Native Hawaiians more critical than for Congress to ex- people.’’ Native Hawaiians are, in fact, indige- have yet to be afforded the same rec- tend full recognition to some 400,000 in- nous, aboriginal people living within what are ognition as our first Americans. digenous Native Hawaiians in the State now the borders of the U.S. and it is unfortu- Mr. Speaker, over the years the of Hawaii. Constitutionally, Congress nate that even today the status of some treatment of indigenous Native Hawai- has the authority to address the condi- 400,000 indigenous Native Hawaiians have ians by the U.S. Government has been tions of the native people of the United yet to be afforded this same recognition as our piecemeal at best. There is estimated States and the indigenous people of the First Americans. over 150 laws that have been passed by Hawaiian Islands are a distinctly na- Although Rice vs. Cayetano has no bearing the Congress related to the social, edu- tive community that for many years on this legislation, I should note that the Su- cational, economic, and cultural needs existed as a sovereign entity. History preme Court’s decision states, ‘‘Congress . . . of the indigenous Native Hawaiians. shows that from 1826 until 1893, the has determined that native Hawaiians have a This proposed bill sets the institu- United States government recognized status like that of organized Indian tribes.’’ tional framework for the establishment the Kingdom of Hawaii as a sovereign Even the author of the State’s brief, now Chief of a relationship between the United and independent nation; accorded full Justice John Roberts of the U.S. Supreme States and the indigenous Native Ha- diplomatic recognition to the Kingdom Court, clearly explained that the Congress has waiians, just as Congress has done for of Hawaii; and entered into treaties plenary authority that is not limited to only the indigenous American Indians and and conventions of peace, friendship American Indians by stating the following: indigenous Native Alaskans. and commerce with the Kingdom of Ha- Congress is constitutionally empowered to I submit, Mr. Speaker, there are only waii to govern trade, commerce, and deal with Hawaiians, has recognized such a three distinct indigenous groups under navigation in 1826, 1842, 1849, 1875 and ‘‘special relationship,’’ and—‘‘in recognition the U.S. sovereignty: American Indians 1887. Yes, even our government, the of that special relationship’’—‘‘has extended within the continental United States, United States of America was a party to Native Hawaiians the same rights and Native Alaskans, and Native Hawai- to these treaties and conventions with privileges accorded to American Indian, Alaska Native, Eskimo, and Aleut commu- ians. the Sovereign Kingdom of Hawaii. nities.’’ Congress has established with Ha- Mr. Speaker, the bill we have before Mr. Speaker, more than 100 years ago, am- waiians the same type of ‘‘unique legal rela- us today will continue the long but bitious descendants of U.S. missionaries and tionship’’ that exists with respect to the In- necessary road towards full recognition sugar planters, aided by the unauthorized and dian tribes who enjoy the ‘‘same rights and by the Congress of the rights of the in- illegal use of U.S. military forces, overthrew privileges’’ accorded Hawaiians under these digenous Native Hawaiians. the sovereign Kingdom of Hawaii which at that laws. The SPEAKER pro tempore. The time was ruled by Queen Lili’uokalani. In Over the years, the treatment of indigenous time of the gentleman has expired. 1993, Congress reaffirmed such a travesty on Native Hawaiians by the U.S. government has Mr. RAHALL. I yield the gentleman the Kingdom of Hawaii when they passed a been piecemeal at best. There is estimated 30 additional seconds. joint resolution to acknowledge and apologize over 160 laws that have been passed by the Mr. FALEOMAVAEGA. The under- on behalf of the United States for the illegal Congress related to the social, educational, lying issue in this piece of legislation and unlawful overthrow of the Hawaiian King- economic, and cultural needs of the indige- is not about the existence of Native dom in 1893, and for the deprivation of the nous Native Hawaiians. This proposed bill sets Hawaiians. That much has been al- rights of the indigenous Native Hawaiians to the institutional framework for the establish- ready determined. This bill is to estab- self-determination. ment of a relationship between the U.S. and lish a process giving the indigenous Na- To this day, the status of the indigenous Na- the indigenous Native Hawaiians just as Con- tive Hawaiians the same status that we tive Hawaiians was never properly addressed gress has done for the indigenous American have done for the indigenous American by the United States Congress. And it is within Indians and indigenous Native Alaskans. I Indians and the indigenous Native Congress’ constitutional authority to do so. submit, there are only three, district indige- Alaskans. Nothing to do with race. It is Congress and U.S. Supreme Court decisions nous peoples, under U.S. sovereignity—Amer- about giving proper recognition, and have properly determined that American Indi- ican Indians within the continental United also as a moral imperative on the part ans of the lower 48 States are an indigenous States, Native Alaskans and Native Hawai- of our government, give proper recogni- people. In fact, recognition of the Native Alas- ians. tion to the Native Hawaiians. They de- kans as indigenous people of the U.S. dem- Mr. Speaker, the proposed bill that we have serve this. They are not begging for onstrates this constitutional power. And even before us today will continue the long but nec- anything. Just give them proper rec- the U.S. Supreme Court has recognized this essary road towards full recognition by Con- ognition. I ask my colleagues to sup- constitutional authority and has accepted a gress of the indigenous Native Hawaiians. The port this bill. broader conceptualization of indigenous peo- underlying issue in this piece of legislation is Mr. Speaker, I rise in strong support ple, allowing Congress to recognize indige- not about the existence of the Native Hawai- of the ‘‘Native Hawaiian Government nous groups, even those who are culturally ians. That much has already been determined. Reorganization Act of 2009.’’ This im- and genealogically distinct from the narrow This bill however is to establish a process by portant piece of legislation is to reaf- concept of being an ‘‘Indian’’ and ‘‘tribe.’’ giving the indigenous Native Hawaiians the firm the special political and legal re- In 1971, Congress enacted the Alaska Na- same status as we have done for the indige- lationship between the United States tive Claims Settlement Act (ANCSA), adopting nous American Indians and the indigenous and the indigenous Native Hawaiians special legislation to deal with Native Alas- Native Alaskans. for purposes of continuing a govern- kans’ land claims and creating a governing I respectfully urge my fellow colleagues to ment-to-government relationship. I structure (corporations) through which to man- support this bill. want to thank Chairman NICK RAHALL age the federal relationship with the indige- Mr. HASTINGS of Washington. Mr. and members of the Committee on Nat- nous group even though the Alaska Natives Speaker, I am pleased to yield 3 min- ural Resources for their support. I es- differed culturally, historically, and genealogi- utes to the gentleman from Oklahoma pecially want to commend and recog- cally from American Indians. In the ANCSA, (Mr. COLE). nize my good friend and colleague, the ‘‘Native’’ in defined to mean ‘‘a citizen of the Mr. COLE. I thank the gentleman for gentleman from Hawaii, Mr. ABER- U.S. who is a person of one-fourth degree or yielding. CROMBIE, for his leadership and tireless more Alaska Indian, Eskimo, Aleut blood, or Mr. Speaker, I want to begin by efforts in bringing this legislation to combination thereof’’ and ‘‘Native Group’’ to thanking my good friend Mr. ABER- the floor for consideration. For some 20 mean ‘‘any tribe, band, clan, village, commu- CROMBIE for his distinguished career

VerDate Mar 15 2010 04:07 May 18, 2010 Jkt 089060 PO 00000 Frm 00062 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H23FE0.REC H23FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 23, 2010 CONGRESSIONAL RECORD — HOUSE H713 and our good friendship. And the fact about, where we talk about very sub- utes to the gentleman from Iowa (Mr. that I am rising in support of this bill stantive issues. And this is one of those KING). and my good friend Mr. YOUNG has most important issues because it af- Mr. KING of Iowa. I thank the gen- risen in support of this bill is certainly fects our relationship with other coun- tleman from Washington for yielding an indication it is not a partisan meas- tries, other States, and other indige- some time on this subject matter. ure. Frankly, our side did not decide to nous people. And in this case, indige- Mr. Speaker, I rise in opposition to whip this. So this really is a non- nous people who are considered sov- this bill, the Native Hawaiian Govern- partisan question before the Congress. ereign entities. And this is what we are ment Reorganization Act, whether it is It is not an issue of race, as some trying to accomplish for the Native Ha- amended or whether it is not amended. would argue. It is not an issue of waiians in Hawaii. And I do so, Mr. Speaker, because first States’ rights, as some would argue. This is not about race. I think when of all, the United States of America It is actually, in the end, a question we use race and other things it sort of was founded upon the principle of of Federal authority and how the Fed- muddies up the issues. And I think that equality, the principle of equality be- eral Government chooses to treat in- our colleague, Congressman COLE, ex- fore the law. And we have further built digenous peoples. And frankly, if we plains it very clearly. And as a teacher, upon the principle of equality of oppor- want to look at that, we ought to be and I am not a lawyer, but as a teacher tunity. guided by our own Constitution, our and as a very simple person not under- As I have listened to each of the own legal traditions, and our own ac- standing all the laws and all the speakers address this tonight, there tions as a Congress. Over 200 years of terminologies in law, how he explains seems to be a continuing theme that American history has taught us from it is very clear. there are specific groups of people that the very beginning, from the founda- I think the people of this country un- deserve a certain kind of specific con- tion of the Constitution, that we had derstand clear talk. When they hear sideration before the law and before decided we will treat native peoples as clear talk they understand that when the appropriations of the United States individual subordinate sovereign units, we are talking about justice and equal- Congress, and specific access to assets and we will negotiate our relationships ity and recognizing indigenous people, that might be utilized for their specific with them. it becomes very, very evident which use, as opposed to other Hawaiians Now, we haven’t always lived up to way we should go. that aren’t defined as Native Hawai- This is, like Congressman COLE said, that idea, no question about it. Over ians. this is about Federal authority under the course of our history there has I recall the debate back in 1959 when the Constitution. And the 48 States had been efforts to destroy native nations. Hawaii and Alaska were both brought already done this with indigenous peo- There has been efforts to remove them into the union, and I recall the discus- ple. Some people call them Indian from their homeland. There has been sions that were there then about the tribes, but nonetheless, they were in- efforts at forced assimilation. But success that Hawaii had had by assimi- digenous people. Mr. YOUNG, from the when we have adhered to our constitu- lating peoples into the broader society tional traditions, and negotiated and 49th State, indicates the same senti- of Hawaii, and about how we didn’t dealt with native peoples on a government. And that when they became the have to worry about the expression— ment to government basis, the rela- 49th State, their considerations to in- then it wasn’t Balkanization—but we tionship has been a good and produc- digenous people, or Indian tribes, they didn’t have to worry about the Hawai- tive one. accorded them the same kind of consid- The facts of this case are very clear. eration of self-determination. Hawaii is ians dividing themselves into separate From the very beginning, we recog- trying to do the same thing, the 50th and competing ethnic groups, that they nized Native Hawaiians as a distinct State. were assimilated. and separate group. We have passed And so it seems like if the previous 49 b 1845 over 160 statutes in the Congress of the States are able to do this, this is one of Assimilation was the watchword of United States. And frankly, this meas- replication, and there is a lot of things the day, the code of the day, and that ure before us is not going to reshape being established. And Chairman RA- was the message and the promise and Hawaii. It will regularize the relation- HALL had indicated what this bill is not the commitment that Hawaiians made ship between Native Hawaiians and about. And that should just clearly set to the United States Congress when their State and Federal Government aside any kinds of arguments against they were brought into the Union as a and allow a negotiation to take place. this kind of an effort. State. Now, I make no bones about the fact I appreciate the work of both Mr. Well, today we see a piece of legisla- that I favored the original 2007 bill. I ABERCROMBIE and Ms. HIRONO. And I tion that comes before us that defies did that not because it was necessarily think that under the Constitution and the very concept that was a principle a superior bill, but because it allowed a under the eyes of justice, and for those that was clearly understood here on negotiated process that I thought who are clear thinkers in the Congress, this floor of this Congress when Hawaii would actually ease this transition. this should be a no brainer. We should was brought into the Union. But at the end of the day, the question approve this bill and make it into law And when I look at what this does, is one of constitutional propriety and and finally recognize the people of Ha- the broad definition of Native Hawai- sovereign rights and appropriate proce- waii, the indigenous people of Hawaii ians that might mean Native Hawai- dure. And this bill meets all of those as who they are, a self-determining in- ians anywhere where they are in the tests. digenous group. So I look forward to its passage, and The Federal courts did not talk United States that could be brought I look forward to the fact that it will about when it was brought up about under this umbrella of beneficiaries of have broad bipartisanship support, and the moneys being used for the native assets that could be as great as 40 per- I look forward, Mr. Speaker, to once tribes. cent of the land mass of the State of again reflecting on our own remarkable The SPEAKER pro tempore. The the Hawaii to be governed and regu- traditions as a country and as a people. time of the gentleman has expired. lated by self-described, self-defined Na- We don’t always do the right thing, but Mr. HONDA. If I could have 30 sec- tive Hawaiians at the expense of every- eventually we do the just thing. And in onds. one else, and I wonder how good these this situation, recognizing Native Ha- Mr. RAHALL. I yield the gentleman 5 promises might be, the promises that waiians is the just thing to do. I urge seconds. we wouldn’t set up gaming institu- support for this legislation. Mr. HONDA. In 5 seconds, Federal tions, we wouldn’t set up toll roads or Mr. RAHALL. Mr. Speaker, I yield 3 moneys cannot be used for State elec- roadblocks; this would just be a very minutes to the gentleman from Cali- tions. State elections cannot be used compatible, logical pro-tourism indus- fornia (Mr. HONDA). for private kinds of elections. That is try. It might be. In fact, it probably Mr. HONDA. I want to thank the what they were saying. It is not about will be, Mr. Speaker. chairman for this opportunity. race. But I am so concerned about the For those who are in this debate, I Mr. HASTINGS of Washington. Mr. broader fundamental principle that ap- think this is what Congress is all Speaker, I would like to yield 3 min- plies here. And I would argue that the

VerDate Mar 15 2010 04:07 May 18, 2010 Jkt 089060 PO 00000 Frm 00063 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H23FE0.REC H23FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H714 CONGRESSIONAL RECORD — HOUSE February 23, 2010 gentleman that has spoken on behalf of So, Mr. Speaker, I take everybody’s REPORT ON RESOLUTION PRO- those Native Americans that actually word that’s involved in this that it will VIDING FOR CONSIDERATION OF are real tribes by definition that exists be worked out to everybody’s satisfac- H.R. 4626, HEALTH INSURANCE within statute and within the tradition tion. But, Mr. Speaker, why should we, INDUSTRY FAIR COMPETITION of law, have no solution for the res- on the floor of the House—— ACT ervation system that we have. They en- The SPEAKER pro tempore. The Mr. HASTINGS of Florida, from the vision it the same 100 years from now time of the gentleman has expired. Committee on Rules, submitted a priv- as it is today. And so we see the rep- ileged report (Rept. No. 111–418) on the Mr. HASTINGS of Washington. With lication of pathologies from reserva- resolution (H. Res. 1098) providing for that, Mr. Speaker, I just urge my col- tion to reservation and not the oppor- consideration of the bill (H.R. 4626) to leagues to vote against the substitute. tunities. restore the application of the Federal I’ll talk about that later. I would have supported the Dawes antitrust laws to the business of health Act however many years ago. Mr. RAHALL. Mr. Speaker, I’m very insurance to protect competition and The SPEAKER pro tempore. The happy to yield the balance of our time consumers, which was referred to the time of the gentleman has expired. to the gentleman from Hawaii (Mr. House Calendar and ordered to be Mr. HASTINGS of Washington. I ABERCROMBIE). printed. yield the gentleman 1 additional minute. Mr. ABERCROMBIE. Mr. Speaker, I f Mr. KING of Iowa. I thank the gen- want to thank all my colleagues here NATIVE HAWAIIAN GOVERNMENT tleman, and I’d just make this point. today, and I want to thank those espe- REORGANIZATION ACT OF 2009— When I read the material on this com- cially who have risen in opposition. CONTINUED ing back up again, and I so appreciate This is what our democracy is all PART A AMENDMENT IN THE NATURE OF A Mr. ABERCROMBIE’s work, and I know about. My only regret in extending my SUBSTITUTE OFFERED BY MR. ABERCROMBIE his heart and his head are in this. This aloha to those who may not feel able to Mr. ABERCROMBIE. Mr. Speaker, I is in a verbatim email that I wrote up vote for the bill today is that you have have an amendment in the nature of a to my staff, and it goes this way. not had an opportunity, perhaps, to substitute made in order under the This bill makes a resounding state- visit with, to understand, and to com- rule. ment that even Native Hawaiians can’t prehend what it means to be a Native The SPEAKER pro tempore. The be assimilated into a Western society. I Hawaiian. Clerk will designate the amendment. disagree. It is a fundamental statement It is, of course, very easy for someone The text of the amendment is as fol- that goes to the heart of what it means to say well, how can you do that; you lows: to be an American. If, after all these came from somewhere else. years, Native Hawaiians have to be Amendment in the nature of a substitute tribalized in order to function in a I was born and raised just outside printed in part A of House Report 111–413 of- Buffalo, New York. I came to Hawaii fered by Mr. ABERCROMBIE: modern society, all Americans then Strike all after the enacting clause and in- must, by the identical logic, be Bal- some 50 years ago, with statehood, sert the following: kanized. given the opportunity to go to the Uni- Mr. Speaker, the philosophy is wrong versity of Hawaii as a graduate teach- SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Native Ha- underneath this. However good the ing assistant. And the first thing that waiian Government Reorganization Act of thoughts are, Americans should be as- happened to me as I came that great 2010’’. similated, not subdivided. We should distance, across the continent and SEC. 2. FINDINGS. not be pitted against each other, and across the ocean, then in a Pan Amer- Congress finds that— Americans should not have certain as- ican Clipper, it took 10 hours just to (1) the Constitution vests Congress with sets designated to them because of the get from the coast to Hawaii. And the authority to address the conditions of ancestry that they claim. We should be when I took that first breath of Hawai- the indigenous, native people of the United all Americans under one flag. ian air and saw the gorgeous curves of States and the Supreme Court has held that Mr. RAHALL. Mr. Speaker, we’re the island of Oahu, Diamondhead, under the Indian Commerce, Treaty, Su- ready to close when the other side is. Is premacy, and Property Clauses, and the War Waikiki, and the first evening, taken Powers, Congress may exercise that power to the gentleman from Washington ready to Manoa Valley, where I now reside, it rationally promote the welfare of the native to close? was as if destiny had called. peoples of the United States so long as the Mr. HASTINGS of Washington. If the native people are a ‘‘distinctly native com- gentleman’s the last speaker, then I And the first contact that I had was with my Chinese Hawaiian friend, Sol- munity’’; am the last speaker on my side. I yield (2) Native Hawaiians, the native people of myself the balance of the time, Mr. omon Lu, God rest his soul, whose fam- the Hawaiian archipelago that is now part of Speaker. ily took me in and treated me as one of the United States, are 1 of the indigenous, The SPEAKER pro tempore. The gen- their own. And that’s what Hawaii is native peoples of the United States, and the tleman from Washington is recognized all about. Native Hawaiian people are a distinctly native community; for 1 minute. Mr. Speaker, this is not about race. (3) the United States has a special political Mr. HASTINGS of Washington. Mr. This is about the aloha spirit. This is and legal relationship with, and has long en- Speaker, just let me kind of summarize about the rainbow State of Hawaii. acted legislation to promote the welfare of, some of the overreaching debate that This is about Native Hawaiians who the native peoples of the United States, in- we’ve had here today. give us the host culture and the funda- cluding the Native Hawaiian people; This issue has been around this Con- mental sense of who we are as human (4) under the authority of the Constitution, gress for over 10 years, and this issue beings. And the diversity that defines the United States concluded a number of treaties with the Kingdom of Hawaii, and has had broad support within the State us in Hawaii that does not divide us is of Hawaii, Mr. Speaker, for over 10 from 1826 until 1893, the United States— the kind of diversity and definition we (A) recognized the sovereignty of the King- years. And the underlying bill, before need in this House of Representatives, dom of Hawaii as a nation; we will vote on the substitute, the un- that we need in the United States of (B) accorded full diplomatic recognition to derlying bill has broad support in the America. the Kingdom of Hawaii; and State of Hawaii. (C) entered into treaties and conventions But now we are going to have an This is Hawaii’s gift to the United of peace, friendship and commerce with the amendment that was not written in States. It is its gift to the world, the Kingdom of Hawaii to govern trade, com- public, and, in fact, as I mentioned in spirit of aloha. And in that same spirit merce, and navigation in 1826, 1842, 1849, 1875, my earlier remarks, Governor Lingle is of aloha, I ask for a vote favorably on and 1887; (5) pursuant to the Hawaiian Homes Com- opposed to this approach on this bill, behalf of the Native Hawaiian recognition bill. mission Act, 1920 (42 Stat. 108, chapter 42), even though she agrees wholeheartedly the United States set aside approximately with the issue of recognition for Native The SPEAKER pro tempore. All time 203,500 acres of land in trust to better address Hawaiians. for debate on the bill has expired. the conditions of Native Hawaiians in the

VerDate Mar 15 2010 04:07 May 18, 2010 Jkt 089060 PO 00000 Frm 00064 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H23FE0.REC H23FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 23, 2010 CONGRESSIONAL RECORD — HOUSE H715 Federal territory that later became the United States their claims to their inherent people to self-determination and self-govern- State of Hawaii and in enacting the Hawai- sovereignty as a people over their national ance; ian Homes Commission Act, 1920, Congress lands, either through the Kingdom of Hawaii (21) Congress— acknowledged the Native Hawaiian people as or through a plebiscite or referendum; (A) has declared that the United States has a native people of the United States, as evi- (15)(A) the Apology Resolution expresses a special political and legal relationship for denced by the Committee Report, which the commitment of Congress and the Presi- the welfare of the native peoples of the notes that Congress relied on the Indian af- dent— United States, including Native Hawaiians; fairs power and the War Powers, including (i) to acknowledge the ramifications of the (B) has identified Native Hawaiians as an the power to make peace; overthrow of the Kingdom of Hawaii; and indigenous, distinctly native people of the (6) by setting aside 203,500 acres of land in (ii) to support reconciliation efforts be- United States within the scope of its author- trust for Native Hawaiian homesteads and tween the United States and Native Hawai- ity under the Constitution, and has enacted farms, the Hawaiian Homes Commission Act, ians; scores of statutes on their behalf; and 1920, assists the members of the Native Ha- (B) Congress established the Office of Ha- (C) has delegated broad authority to the waiian community in maintaining distinctly waiian Relations within the Department of State of Hawaii to administer some of the native communities throughout the State of the Interior with 1 of its purposes being to United States’ responsibilities as they relate Hawaii; consult with Native Hawaiians on the rec- to the Native Hawaiian people and their (7) approximately 9,800 Native Hawaiian onciliation process; and lands; families reside on the Hawaiian Home Lands, (C) the United States has the duty to rec- (22) the United States has recognized and and approximately 25,000 Native Hawaiians oncile and reaffirm its friendship with the reaffirmed the special political and legal re- who are eligible to reside on the Hawaiian Native Hawaiian people because, among lationship with the Native Hawaiian people Home Lands are on a waiting list to receive other things, the United States Minister and through the enactment of the Act entitled, assignments of Hawaiian Home Lands; United States naval forces participated in ‘‘An Act to provide for the admission of the (8)(A) in 1959, as part of the compact with the overthrow of the Kingdom of Hawaii; State of Hawaii into the Union’’, approved the United States admitting Hawaii into the (16)(A) despite the overthrow of the Gov- March 18, 1959 (Public Law 86–3; 73 Stat. 4), Union, Congress delegated the authority and by— responsibility to administer the Hawaiian ernment of the Kingdom of Hawaii, Native Hawaiians have continued to maintain their (A) ceding to the State of Hawaii title to Homes Commission Act, 1920, lands in trust the public lands formerly held by the United for Native Hawaiians and established a new separate identity as a single distinctly native political community through cultural, States, and mandating that those lands be public trust (commonly known as the ‘‘ceded held as a public trust for 5 purposes, 1 of lands trust’’), for 5 purposes, 1 of which is the social, and political institutions, and to give expression to their rights as native people to which is for the betterment of the conditions betterment of the conditions of Native Ha- of Native Hawaiians; and waiians, and Congress thereby reaffirmed its self-determination, self-governance, and economic self-sufficiency; and (B) transferring the United States respon- recognition of the Native Hawaiians as a dis- sibility for the administration of the Hawai- tinctly native community with a direct lin- (B) there is clear continuity between the aboriginal, indigenous, native people of the ian Home Lands to the State of Hawaii, but eal and historical succession to the aborigi- retaining the exclusive right of the United nal, indigenous people of Hawaii; Kingdom of Hawaii and their successors, the States to consent to any actions affecting (B) the public trust consists of lands, in- Native Hawaiian people today; the lands included in the trust and any cluding submerged lands, natural resources, (17) Native Hawaiians have also given ex- amendments to the Hawaiian Homes Com- and the revenues derived from the lands; and pression to their rights as native people to mission Act, 1920 (42 Stat. 108, chapter 42), (C) the assets of this public trust have self-determination, self-governance, and eco- that are enacted by the legislature of the never been completely inventoried or seg- nomic self-sufficiency— State of Hawaii affecting the beneficiaries regated; (A) through the provision of governmental under the Act; (9) Native Hawaiians have continuously services to Native Hawaiians, including the (23) the United States has continually rec- sought access to the ceded lands in order to provision of— ognized and reaffirmed that— establish and maintain native settlements (i) health care services; and distinct native communities throughout (ii) educational programs; (A) Native Hawaiians have a direct genea- the State; (iii) employment and training programs; logical, cultural, historic, and land-based (10) the Hawaiian Home Lands and other (iv) economic development assistance pro- connection to their forebears, the aboriginal, ceded lands provide important native land grams; indigenous, native people who exercised reserves and resources for the Native Hawai- (v) children’s services; original sovereignty over the Hawaiian Is- ian community to maintain the practice of (vi) conservation programs; lands; Native Hawaiian culture, language, and tra- (vii) fish and wildlife protection; (B) Native Hawaiians have never relin- ditions, and for the continuity, survival, and (viii) agricultural programs; quished their claims to sovereignty or their economic self-sufficiency of the Native Ha- (ix) native language immersion programs; sovereign lands; waiian people as a distinctly native political (x) native language immersion schools (C) the United States extends services to community; from kindergarten through high school; Native Hawaiians because of their unique (11) Native Hawaiians continue to main- (xi) college and master’s degree programs status as the native people of a prior-sov- tain other distinctly native areas in Hawaii, in native language immersion instruction; ereign nation with whom the United States including native lands that date back to the and has a special political and legal relationship; ali‘i and kuleana lands reserved under the (xii) traditional justice programs; and and Kingdom of Hawaii; (B) by continuing their efforts to enhance (D) the special relationship of American (12) through the Sovereign Council of Ha- Native Hawaiian self-determination and Indians, Alaska Natives, and Native Hawai- waiian Homelands Assembly and Native Ha- local control; ians to the United States arises out of their waiian homestead associations, Native Ha- (18) Native Hawaiian people are actively status as aboriginal, indigenous, native peo- waiian civic associations, charitable trusts engaged in Native Hawaiian cultural prac- ple of the United States; and established by the Native Hawaiian ali‘i, tices, traditional agricultural methods, fish- (24) the State of Hawaii supports the reaf- nonprofit native service providers and other ing and subsistence practices, maintenance firmation of the special political and legal community associations, the Native Hawai- of cultural use areas and sacred sites, protec- relationship between the Native Hawaiian ian people have actively maintained native tion of burial sites, and the exercise of their governing entity and the United States, as traditions and customary usages throughout traditional rights to gather medicinal plants evidenced by 2 unanimous resolutions en- the Native Hawaiian community and the and herbs, and food sources; acted by the Hawaii State Legislature in the Federal and State courts have continuously (19) the Native Hawaiian people wish to 2000 and 2001 sessions of the Legislature and recognized the right of the Native Hawaiian preserve, develop, and transmit to future by the testimony of the Governor of the people to engage in certain customary prac- generations of Native Hawaiians their lands State of Hawaii before the Committee on In- tices and usages on public lands; and Native Hawaiian political and cultural dian Affairs of the Senate on February 25, (13) on November 23, 1993, public law 103–150 identity in accordance with their traditions, 2003, and March 1, 2005. (107 Stat. 1510) (commonly known as the beliefs, customs and practices, language, and SEC. 3. DEFINITIONS. ‘‘Apology Resolution’’) was enacted into law, social and political institutions, to control In this Act: extending an apology to Native Hawaiians on and manage their own lands, including ceded (1) ABORIGINAL, INDIGENOUS, NATIVE PEO- behalf of the people of the United States for lands, and to achieve greater self-determina- PLE.—The term ‘‘aboriginal, indigenous, na- the United States’ role in the overthrow of tion over their own affairs; tive people’’ means a people whom Congress the Kingdom of Hawaii; (20) this Act provides a process within the has recognized as the original inhabitants of (14) the Apology Resolution acknowledges framework of Federal law for the Native Ha- the lands that later became part of the that the overthrow of the Kingdom of Hawaii waiian people to exercise their inherent United States and who exercised sovereignty occurred with the active participation of rights as a distinct, indigenous, native com- in the areas that later became part of the agents and citizens of the United States, and munity to reorganize a single unified Native United States. further acknowledges that the Native Hawai- Hawaiian governing entity for the purpose of (2) APOLOGY RESOLUTION.—The term ‘‘Apol- ian people never directly relinquished to the giving expression to their rights as a native ogy Resolution’’ means Public Law 103–150

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(D) is a citizen of the United States; and sworn affidavits from two or more qualified (4) COUNCIL.—The term ‘‘Council’’ means (E) maintains a significant cultural, social, Native Hawaiian constituents certified by the Native Hawaiian Interim Governing or civic connection to the Native Hawaiian the Commission as possessing expertise in Council established under section 8(c)(2). community, as evidenced by satisfying 2 or the social, cultural, and civic affairs of the (5) INDIAN PROGRAM OR SERVICE.— more of the following 10 criteria: Native Hawaiian community. (A) IN GENERAL.—The term ‘‘Indian pro- (i) Resides in the State of Hawaii. (13) SECRETARY.—The term ‘‘Secretary’’ gram or service’’ means any federally funded (ii) Resides outside the State of Hawaii means the Secretary of the Interior. or authorized program or service provided to and— (14) SPECIAL POLITICAL AND LEGAL RELA- an Indian tribe (or member of an Indian (I)(aa) currently serves or served as (or has TIONSHIP.—The term ‘‘special political and tribe) because of the status of the members a parent or spouse who currently serves or legal relationship’’ shall refer, except where of the Indian tribe as Indians. served as) a member of the Armed Forces or differences are specifically indicated else- (B) INCLUSIONS.—The term ‘‘Indian pro- as an employee of the Federal Government; where in the Act, to the type of and nature gram or service’’ includes a program or serv- and ice provided by the Bureau of Indian Affairs, (bb) resided in the State of Hawaii prior to of relationship the United States has with the Indian Health Service, or any other Fed- the time he or she (or such parent or spouse) the several federally recognized Indian eral agency. left the State of Hawaii to serve as a member tribes. (6) INDIAN TRIBE.—The term ‘‘Indian tribe’’ of the Armed Forces or as an employee of the SEC. 4. UNITED STATES POLICY AND PURPOSE. has the meaning given the term in section 4 Federal Government; or of the Indian Self-Determination and Edu- (II)(aa) currently is or was enrolled (or has (a) POLICY.—The United States reaffirms cation Assistance Act (25 U.S.C. 450b). a parent or spouse who currently is or was that— (7) INDIGENOUS, NATIVE PEOPLE.—The term enrolled) in an accredited institution of (1) Native Hawaiians are a unique and dis- ‘‘indigenous, native people’’ means the lineal higher education outside the State of Ha- tinct, indigenous, native people with whom descendants of the aboriginal, indigenous, waii; and the United States has a special political and native people of the United States. (bb) resided in the State of Hawaii prior to legal relationship; (8) INTERAGENCY COORDINATING GROUP.—The the time he or she (or such parent or spouse) (2) the United States has a special political term ‘‘Interagency Coordinating Group’’ left the State of Hawaii to attend such insti- and legal relationship with the Native Ha- means the Native Hawaiian Interagency Co- tution. waiian people, which includes promoting the ordinating Group established under section (iii)(I) Is or was eligible to be a beneficiary welfare of Native Hawaiians; 6. of the programs authorized by the Hawaiian (3)(A) Congress possesses and hereby exer- (9) NATIVE HAWAIIAN GOVERNING ENTITY.— Homes Commission Act, 1920 (42 Stat. 108, cises the authority under the Constitution, The term ‘‘Native Hawaiian governing enti- chapter 42), and resides or resided on land set including but not limited to Article I, Sec- ty’’ means the governing entity organized aside as ‘‘Hawaiian home lands’’, as defined tion 8, Clause 3, to enact legislation to better pursuant to this Act by the qualified Native in such Act; or the conditions of Native Hawaiians and has Hawaiian constituents. (II) Is a child or grandchild of an individual exercised this authority through the enact- (10) NATIVE HAWAIIAN MEMBERSHIP ORGANI- who is or was eligible to be a beneficiary of ment of— ZATION.—The term ‘‘Native Hawaiian mem- the programs authorized by such Act and (i) the Hawaiian Homes Commission Act, bership organization’’ means an organization who resides or resided on land set aside as 1920 (42 Stat. 108, chapter 42); that— ‘‘Hawaiian home lands’’, as defined in such (ii) the Act entitled ‘‘an Act to provide for (A) serves and represents the interests of Act. the admission of the State of Hawaii into the Native Hawaiians, has as a primary and stat- (iv) Is or was eligible to be a beneficiary of Union’’, approved March 18, 1959 (Public Law ed purpose the provision of services to Na- the programs authorized by the Hawaiian 86–3; 73 Stat. 4); and tive Hawaiians, and has expertise in Native Homes Commission Act, 1920 (42 Stat. 108, (iii) more than 150 other Federal laws ad- Hawaiian affairs; chapter 42). dressing the conditions of Native Hawaiians; (B) has leaders who are elected democrat- (v) Is a child or grandchild of an individual (B) other sources of authority under the ically, or selected through traditional Native who is or was eligible to be a beneficiary of Constitution for legislation on behalf of the leadership practices, by members of the Na- the programs authorized by the Hawaiian indigenous, native peoples of the United tive Hawaiian community; Homes Commission Act, 1920 (42 Stat. 108, States, including Native Hawaiians, include (C) advances the cause of Native Hawaiians chapter 42). but are not limited to the Property, Treaty, culturally, socially, economically, or politi- (vi) Resides on or has an ownership inter- cally; est in, or has a parent or grandparent who and Supremacy Clauses, War Powers, and the (D) is a membership organization or asso- resides on or has an ownership interest in, Fourteenth Amendment, and Congress here- ciation; and ‘‘kuleana land’’ that is owned in whole or in by relies on those powers in enacting this (E) has an accurate and reliable list of Na- part by a person who, according to a gene- legislation; and tive Hawaiian members. alogy verification by the Office of Hawaiian (C) the Constitution’s original Apportion- (11) OFFICE.—The term ‘‘Office’’ means the Affairs or by court order, is a lineal descend- ment Clause and the 14th Amendment Citi- United States Office of Hawaiian Relations ant of the person or persons who received the zenship and amended Apportionment Clauses established by section 5(a). original title to such ‘‘kuleana land’’, de- also acknowledge the propriety of legislation (12) QUALIFIED NATIVE HAWAIIAN CON- fined as lands granted to native tenants pur- on behalf of the native peoples of the United STITUENT.—For the purposes of establishing suant to Haw. L. 1850, p. 202, entitled ‘‘An States, including Native Hawaiians; the roll authorized under section 8, and prior Act Confirming Certain Resolutions of the (4) Native Hawaiians have— to the recognition by the United States of King and Privy Council Passed on the 21st (A) an inherent right to autonomy in their the Native Hawaiian governing entity, the day of December, A.D. 1849, Granting to the internal affairs; term ‘‘qualified Native Hawaiian con- Common People Allodial Titles for Their (B) an inherent right of self-determination stituent’’ means an individual who the Com- Own Lands and House Lots, and Certain and self-governance; mission determines has satisfied the fol- Other Privileges’’, as amended by Haw. L. (C) the right to reorganize a Native Hawai- lowing criteria and who makes a written 1851, p. 98, entitled ‘‘An Act to Amend An ian governing entity; and statement certifying that he or she Act Granting to the Common People Allodial (D) the right to become economically self- (A) is— Titles for Their Own Lands and House Lots, sufficient; and (i) an individual who is 1 of the indigenous, and Certain Other Privileges’’ and as further (5) the United States shall continue to en- native people of Hawaii and who is a direct amended by any subsequent legislation. gage in a process of reconciliation and polit- lineal descendant of the aboriginal, indige- (vii) Is, or is the child or grandchild of, an ical relations with the Native Hawaiian peo- nous, native people who— individual who has been or was a student for ple. (I) resided in the islands that now comprise at least 1 school year at a school or program (b) PURPOSE.—The purpose of this Act is to the State of Hawaii on or before January 1, taught through the medium of the hawaiian provide a process for the reorganization of 1893; and language under section 302H–6, Hawaii Re- the single Native Hawaiian governing entity (II) occupied and exercised sovereignty in vised Statutes, or at a school founded and the Hawaiian archipelago, including the area operated primarily or exclusively for the and the reaffirmation of the special political that now constitutes the State of Hawaii; or benefit of Native Hawaiians. and legal relationship between the United (ii) an individual who is 1 of the indige- (viii) Has been a member since September States and that Native Hawaiian governing nous, native people of Hawaii and who was 30, 2009, of at least 1 Native Hawaiian mem- entity for purposes of continuing a govern- eligible in 1921 for the programs authorized bership organization. ment-to-government relationship.

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SEC. 5. UNITED STATES OFFICE OF HAWAIIAN RE- of the conditions referred to in section (4) DUTIES.—The Commission shall— LATIONS. 8(c)(8); and (A) prepare and maintain a roll of qualified (a) ESTABLISHMENT.—There is established (3) ensure the participation of each Federal Native Hawaiian constituents as set forth in within the Office of the Secretary the United agency in the development of the report to subsection (c); and States Office of Hawaiian Relations. Congress authorized in section 5(b)(5). (B) certify that the individuals on the roll (b) DUTIES.—The Office shall— (e) APPLICABILITY TO DEPARTMENT OF DE- of qualified Native Hawaiian constituents (1) continue the process of reconciliation FENSE.—This section shall have no applica- meet the definition of that term as set forth with the Native Hawaiian people in further- bility to the Department of Defense or to in section 3. ance of the Apology Resolution; any agency or component of the Department (5) STAFF.— (2) upon the reaffirmation of the govern- of Defense, but the Secretary of Defense may (A) IN GENERAL.—The Commission may, ment-to-government relationship between designate 1 or more officials as liaison to the without regard to the civil service laws (in- the single Native Hawaiian governing entity Interagency Coordinating Group. cluding regulations), appoint and terminate and the United States, effectuate and coordi- SEC. 7. DESIGNATION OF DEPARTMENT OF JUS- an executive director and such other addi- nate the special political and legal relation- TICE REPRESENTATIVE. tional personnel as are necessary to enable ship between the Native Hawaiian governing The Attorney General shall designate an the Commission to perform the duties of the entity and the United States through the appropriate official within the Department Commission. of Justice to assist the Office in the imple- Secretary, and with all other Federal agen- (B) COMPENSATION.— mentation and protection of the rights of cies; (i) IN GENERAL.—Except as provided in Native Hawaiians and their political and (3) provide timely notice to, and consult clause (ii), the Commission may fix the com- legal relationship with the United States, with, the Native Hawaiian governing entity pensation of the executive director and other before taking any actions that may have the and upon the recognition of the Native Ha- waiian governing entity as provided for in personnel without regard to the provisions of potential to significantly affect Native Ha- chapter 51 and subchapter III of chapter 53 of waiian resources, rights, or lands; section 8, in the implementation and protection of the rights of the Native Hawaiian title 5, United States Code, relating to clas- (4) work with the Interagency Coordi- sification of positions and General Schedule nating Group, other Federal agencies, and governing entity and its political and legal relationship with the United States. pay rates. the State of Hawaii on policies, practices, (ii) MAXIMUM RATE OF PAY.—The rate of SEC. 8. PROCESS FOR REORGANIZATION OF NA- and proposed actions affecting Native Hawai- pay for the executive director and other per- ian resources, rights, or lands; and TIVE HAWAIIAN GOVERNING ENTITY AND REAFFIRMATION OF SPECIAL sonnel shall not exceed the rate payable for (5) prepare and submit to the Committee POLITICAL AND LEGAL RELATION- level V of the Executive Schedule under sec- on Indian Affairs and the Committee on En- SHIP BETWEEN UNITED STATES AND tion 5316 of title 5, United States Code. ergy and Natural Resources of the Senate NATIVE HAWAIIAN GOVERNING EN- (6) DETAIL OF FEDERAL GOVERNMENT EM- TITY. and the Committee on Natural Resources of PLOYEES.— (a) RECOGNITION OF NATIVE HAWAIIAN GOV- the House of Representatives an annual re- (A) IN GENERAL.—An employee of the Fed- ERNING ENTITY.—The right of the qualified port detailing the activities of the Inter- eral Government may be detailed to the Native Hawaiian constituents to reorganize agency Coordinating Group that are under- Commission without reimbursement. the single Native Hawaiian governing entity taken with respect to the continuing process (B) CIVIL SERVICE STATUS.—The detail of to provide for their common welfare and to of reconciliation and to effect meaningful the employee shall be without interruption consultation with the Native Hawaiian gov- adopt appropriate organic governing documents is recognized by the United States. or loss of civil service status or privilege. erning entity and may provide recommenda- (7) PROCUREMENT OF TEMPORARY AND INTER- tions for any necessary changes to Federal (b) COMMISSION.— (1) IN GENERAL.—There is authorized to be MITTENT SERVICES.—The Commission may law or regulations promulgated under the procure temporary and intermittent services authority of Federal law. established a Commission to be composed of 9 members for the purposes of— in accordance with section 3109(b) of title 5, (c) APPLICABILITY TO DEPARTMENT OF DE- United States Code, at rates for individuals FENSE.—This section shall have no applica- (A) preparing and maintaining a roll of qualified Native Hawaiian constituents; and that do not exceed the daily equivalent of bility to the Department of Defense or to the annual rate of basic pay prescribed for any agency or component of the Department (B) certifying that the individuals on the roll of qualified Native Hawaiian constitu- level V of the Executive Schedule under sec- of Defense, but the Secretary of Defense may tion 5316 of that title. designate 1 or more officials as liaison to the ents meet the definition of qualified Native (8) EXPIRATION.—The Secretary shall dis- Office. Hawaiian constituent set forth in section 3. (2) MEMBERSHIP.— solve the Commission upon the reaffirmation SEC. 6. NATIVE HAWAIIAN INTERAGENCY CO- of the special political and legal relationship ORDINATING GROUP. (A) APPOINTMENT.— between the Native Hawaiian governing enti- (a) ESTABLISHMENT.—In recognition that (i) IN GENERAL.—Not later than 180 days ty and the United States. Federal programs authorized to address the after the date of enactment of this Act, the conditions of Native Hawaiians are largely Secretary shall appoint the members of the (c) PROCESS FOR REORGANIZATION OF NA- administered by Federal agencies other than Commission in accordance with subpara- TIVE HAWAIIAN GOVERNING ENTITY.— the Department of the Interior, there is es- graph (B). (1) ROLL.— tablished an interagency coordinating group, (ii) CONSIDERATION.—In making an appoint- (A) CONTENTS.—The roll shall include the to be known as the ‘‘Native Hawaiian Inter- ment under clause (i), the Secretary may names of the qualified Native Hawaiian con- agency Coordinating Group’’. take into consideration a recommendation stituents who are certified by the Commis- (b) COMPOSITION.—The Interagency Coordi- made by any Native Hawaiian membership sion to be qualified Native Hawaiian con- nating Group shall be composed of officials, organization or other entity with expertise stituents, as defined in section 3. to be designated by the President, from— and experience in the determination of Na- (B) FORMATION OF ROLL.—Each individual (1) each Federal agency whose actions may tive Hawaiian ancestry and lineal claiming to be a qualified Native Hawaiian significantly or uniquely impact Native Ha- descendancy. constituent shall submit to the Commission waiian programs, resources, rights, or lands; (B) REQUIREMENTS.—Each member of the documentation in the form established by and Commission shall demonstrate, as deter- the Commission that is sufficient to enable (2) the Office. mined by the Secretary— the Commission to determine whether the (c) LEAD AGENCY.— (i) not less than 10 years of experience in individual meets the definition set forth in (1) IN GENERAL.—The Department of the In- the study and determination of Native Ha- section 3; provided that an individual pre- terior and the White House Office of Inter- waiian genealogy (traditional cultural expe- senting evidence that he or she satisfies the governmental Affairs shall serve as the lead- rience shall be given due consideration); and definition in Section 2 of Public Law 103–150 ers of the Interagency Coordinating Group. (ii) an ability to read and translate into shall be presumed to meet the requirement (2) MEETINGS.—The Secretary shall con- English documents written in the Hawaiian of section 3(12)(A)(i). vene meetings of the Interagency Coordi- language. (C) DOCUMENTATION.—The Commission nating Group. (C) VACANCIES.—A vacancy on the Commis- shall— (d) DUTIES.—The Interagency Coordinating sion— (i)(I) identify the types of documentation Group shall— (i) shall not affect the powers of the Com- that may be submitted to the Commission (1) coordinate Federal programs and poli- mission; and that would enable the Commission to deter- cies that affect Native Hawaiians or actions (ii) shall be filled in the same manner as mine whether an individual meets the defini- by any agency or agencies of the Federal the original appointment. tion of qualified Native Hawaiian con- Government that may significantly or (3) EXPENSES.—Each member of the Com- stituent set forth in section 3. uniquely affect Native Hawaiian resources, mission shall be allowed travel expenses, in- (II) recognize an individual’s identification rights, or lands; cluding per diem in lieu of subsistence, at of lineal ancestors on the 1890 Census by the (2) consult with the Native Hawaiian gov- rates authorized for employees of agencies Kingdom of Hawaii as a reliable indicia of erning entity, through the coordination re- under subchapter I of chapter 57 of title 5, lineal descent from the aboriginal, indige- ferred to in paragraph (1), but the consulta- United States Code, while away from their nous, native people who resided in the is- tion obligation established in this provision homes or regular places of business in the lands that now comprise the State of Hawaii shall apply only after the satisfaction of all performance of services for the Commission. on or before January 1, 1893; and

VerDate Mar 15 2010 04:07 May 18, 2010 Jkt 089060 PO 00000 Frm 00067 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H23FE0.REC H23FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H718 CONGRESSIONAL RECORD — HOUSE February 23, 2010 (III) permit elderly Native Hawaiians and minimum of 3 meetings, and each meeting organic governing documents 60 days after other qualified Native Hawaiian constituents shall be at least 2 working days, of the quali- publishing notice of an election. lacking birth certificates or other docu- fied Native Hawaiian constituents listed on (cc) OFFICERS.—On certification of the or- mentation due to birth on Hawaiian Home the roll established under this section— ganic governing documents by the Secretary Lands or other similar circumstances to es- (i) to develop criteria for candidates to be in accordance with paragraph (4), the Coun- tablish lineal descent by sworn affidavits elected to serve on the Council; cil, with the assistance of the Secretary, from 2 or more qualified Native Hawaiian (ii) to determine the structure of the Coun- shall hold elections of the officers of the Na- constituents; cil, including the number of Council mem- tive Hawaiian governing entity pursuant to (ii) establish a standard format for the sub- bers; and paragraph (5). mission of documentation and a process to (iii) to elect members from individuals list- (3) SUBMITTAL OF ORGANIC GOVERNING DOCU- ensure veracity; and ed on the roll established under this sub- MENTS.—Following the reorganization of the (iii) publish information related to clauses section to the Council. Native Hawaiian governing entity and the (i) and (ii) in the Federal Register. (B) POWERS.— adoption of organic governing documents, (D) CONSULTATION.—In making determina- (i) IN GENERAL.—The Council— the Council shall submit the organic gov- tions that each individual proposed for inclu- (I) shall represent those listed on the roll erning documents of the Native Hawaiian sion on the roll of qualified Native Hawaiian established under this section in the imple- governing entity to the Secretary. constituents meets the definition of quali- mentation of this Act; and (4) CERTIFICATIONS.— fied Native Hawaiian constituent in section (II) shall have no powers other than powers (A) IN GENERAL.—Within the context of the 3, the Commission may consult with bona given to the Council under this Act. future negotiations to be conducted under fide Native Hawaiian membership organiza- (ii) FUNDING.—The Council may enter into the authority of section 9(c)(1), and the sub- tions, agencies of the State of Hawaii, in- a contract with, or obtain a grant from, any sequent actions by the Congress and the cluding but not limited to, the Department Federal or State agency to carry out clause State of Hawaii to enact legislation to im- of Hawaiian Home Lands, the Office of Ha- (iii). plement the agreements of the 3 govern- waiian Affairs, and the State Department of (iii) ACTIVITIES.— ments, not later than 180 days, which may be Health, and other entities with expertise and (I) IN GENERAL.—The Council shall conduct, extended an additional 90 days if the Sec- experience in the determination of Native among the qualified Native Hawaiian con- Hawaiian ancestry and lineal descendancy. stituents listed on the roll established under retary deems necessary, after the date on which the Council submits the organic gov- (E) NOTIFICATION.—The Commission shall— this subsection, a referendum for the purpose (i) inform an individual whether they have of determining the proposed elements of the erning documents to the Secretary, the Sec- been deemed by the Commission a qualified organic governing documents of the Native retary shall certify or decline to certify that Native Hawaiian constituent; and Hawaiian governing entity, including but the organic governing documents— (ii) inform an individual of a right to ap- not limited to (i) establish the criteria for membership in peal the decision if deemed not to be a quali- (aa) the proposed criteria for future mem- the Native Hawaiian governing entity and fied Native Hawaiian constituent. bership in the Native Hawaiian governing en- provide that membership is voluntary and (F) CERTIFICATION AND SUBMITTAL OF ROLL tity, provided that membership is voluntary can be relinquished; TO SECRETARY.—The Commission shall— and can be relinquished; (ii) were adopted by a majority vote of (i) submit the roll containing the names of (bb) the proposed powers and authorities to those qualified Native Hawaiian constituents those individuals who meet the definition of be exercised by the Native Hawaiian gov- whose names are listed on the roll published qualified Native Hawaiian constituent in erning entity, as well as the proposed privi- by the Secretary and who voted in the elec- section 3 to the Secretary within 2 years leges and immunities of the Native Hawaiian tion; from the date on which the Commission is governing entity; (iii) provide authority for the Native Ha- fully composed; and (cc) the proposed civil rights and protec- waiian governing entity to negotiate with (ii) certify to the Secretary that each of tion of the rights of the citizens of the Na- Federal, State, and local governments, and the qualified Native Hawaiian constituents tive Hawaiian governing entity and all per- other entities; proposed for inclusion on the roll meets the sons affected by the exercise of govern- (iv) provide for the exercise of inherent and definition set forth in section 3. mental powers and authorities of the Native other appropriate governmental authorities (G) PUBLICATION.—Upon certification by Hawaiian governing entity, including the by the Native Hawaiian governing entity; the Commission to the Secretary that those rights protected under section 202 of the In- (v) prevent the sale, disposition, lease, or listed on the roll meet the definition of dian Civil Rights Act of 1968 (25 U.S.C. 1302); encumbrance of lands, interests in lands, or qualified Native Hawaiian constituent set (dd) the protection and preservation of the other assets of the Native Hawaiian gov- forth in section 3, the Commission shall pub- rights vested on the date of enactment of erning entity without the consent of the Na- lish the notice of the certification of the roll this Act of those Native Hawaiians who are tive Hawaiian governing entity; in the Federal Register, notwithstanding eligible to reside on the Hawaiian homelands (vi) provide for the protection of the civil pending appeals pursuant to subparagraph under the authority of the Hawaiian Homes rights of the citizens of the Native Hawaiian (H). Commission Act, 1920 (42 Stat. 108, chapter governing entity and all persons affected by (H) APPEAL.—The Secretary, in consulta- 42); and the exercise of governmental powers and au- tion with the Commission, shall establish a (ee) other issues determined appropriate by thorities by the Native Hawaiian governing mechanism for an administrative appeal for the Council. entity, including the rights protected under any person whose name is excluded from the (II) DEVELOPMENT OF ORGANIC GOVERNING section 202 of the Indian Civil Rights Act of roll who claims to meet the definition of DOCUMENTS.—Based on the referendum, the 1968 (25 U.S.C. 1302); qualified Native Hawaiian constituent in Council shall develop proposed organic gov- (vii) provide for the protection and preser- section 3. erning documents for the Native Hawaiian vation of the rights vested on the date of en- (I) PUBLICATION; UPDATE.—The Commission governing entity and may seek technical as- actment of this Act of those Native Hawai- shall— sistance from the Secretary on the draft or- ians who are eligible to reside on the Hawai- (i) publish the notice of the certification of ganic governing documents to ensure that ian homelands under the authority of the the roll regardless of whether appeals are the draft organic governing documents com- Hawaiian Homes Commission Act, 1920 (42 pending; ply with this Act and other Federal law. Stat. 108, chapter 42); and (ii) update the roll and provide notice of (III) DISTRIBUTION.—The Council shall pub- (viii) are consistent with applicable Fed- the updated roll on the final disposition of lish to all qualified Native Hawaiian con- eral law. any appeal; stituents of the Native Hawaiian governing (B) RESUBMISSION IN CASE OF NONCOMPLI- (iii) update the roll to include any person entity listed on the roll published under this ANCE.— who has been certified by the Commission as subsection notice of the availability of— (i) RESUBMISSION BY THE SECRETARY.—If the meeting the definition of qualified Native (aa) a copy of the proposed organic gov- Secretary determines that the organic gov- Hawaiian constituent in section 3 after the erning documents, as drafted by the Council; erning documents, or any part of the docu- initial publication of the roll or after any and ments, do not meet all of the requirements subsequent publications of the roll; and (bb) a brief impartial description of the set forth in subparagraph (A), the Secretary (iv) provide a copy of the roll and any up- proposed organic governing documents; shall resubmit the organic governing docu- dated rolls to the Council. (IV) ELECTIONS.— ments to the Council, along with a justifica- (J) EFFECT OF PUBLICATION.—The publica- (aa) IN GENERAL.—Not sooner than 180 days tion for each of the Secretary’s findings as to tion of the initial and updated roll shall after the proposed organic governing docu- why the provisions are not in full compli- serve as the basis for the eligibility of quali- ments are drafted and distributed, the Coun- ance. fied Native Hawaiian constituents whose cil, with the assistance of the Secretary, (ii) AMENDMENT AND RESUBMISSION OF OR- names are listed on those rolls to participate shall hold elections for the purpose of ratify- GANIC GOVERNING DOCUMENTS.—If the organic in the reorganization of the Native Hawaiian ing the proposed organic governing docu- governing documents are resubmitted to the governing entity. ments. Council by the Secretary under clause (i), (2) ORGANIZATION OF COUNCIL.— (bb) PURPOSE.—The Council, with the as- the Council shall— (A) ORGANIZATION.—The Commission, in sistance of the Secretary, shall hold the elec- (I) amend the organic governing documents consultation with the Secretary, shall hold a tion for the purpose of ratifying the proposed to ensure that the documents meet all the

VerDate Mar 15 2010 04:07 May 18, 2010 Jkt 089060 PO 00000 Frm 00068 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H23FE0.REC H23FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 23, 2010 CONGRESSIONAL RECORD — HOUSE H719 requirements set forth in subparagraph (A); between the United States and the Native (H) The Native Hawaiian governing entity and Hawaiian governing entity, the United shall be immune from any lawsuit in any (II) resubmit the amended organic gov- States and the State of Hawaii may enter Federal or State court, with the exception erning documents to the Secretary for cer- into negotiations with the Native Hawaiian described in section 10(c)(3) and the excep- tification in accordance with this paragraph. governing entity designed to lead to an tions set forth in clauses (i) through (iii) of (C) CERTIFICATIONS DEEMED MADE.—The agreement or agreements addressing such this subparagraph. certifications under this paragraph shall be matters as— (i) The Native Hawaiian governing entity deemed to have been made if the Secretary (A) the transfer of State of Hawaii lands may waive its sovereign immunity, provided has not acted within 180 days after the date and surplus Federal lands, natural resources, that it does so clearly and unequivocally. on which the Council has submitted the or- and other assets, and the protection of exist- (ii) The Native Hawaiian governing entity ganic governing documents of the Native Ha- ing rights related to such lands or resources; shall not be immune from any lawsuit waiian governing entity to the Secretary. (B) the exercise of governmental authority brought by the United States in any Federal (5) ELECTIONS.—On completion of the cer- over any transferred lands, natural re- court. tifications by the Secretary under paragraph sources, and other assets, including land use; (iii) Real property owned in fee simple by (4), the Council, with the assistance of the (C) the exercise of civil and criminal juris- the Native Hawaiian governing entity shall Secretary, shall hold elections of the officers diction; not be immune from any in rem action filed of the Native Hawaiian governing entity. (D) the exercise of the authority to tax and by the State of Hawaii. (6) PROVISION OF ROLL.—The Council shall other powers and authorities that are recog- (I) Governmental, nonbusiness, non- provide a copy of the roll of qualified Native nized by the United States as powers and au- commercial activities undertaken by the Na- Hawaiian constituents to the governing body thorities typically exercised by governments tive Hawaiian governing entity, or by a cor- of the Native Hawaiian governing entity. representing indigenous, native people of the poration or other association or entity whol- (7) TERMINATION.—The Council shall cease United States; ly owned by the Native Hawaiian governing to exist and shall have no power or authority (E) any residual responsibilities of the entity, shall not be subject to the regulatory under this Act after the officers of the gov- United States and the State of Hawaii; and or taxation authority of the State of Hawaii, erning body who are elected as provided in (F) grievances regarding assertions of his- provided that nothing in this subparagraph paragraph (5) are installed. torical wrongs committed against Native Ha- shall exempt any natural person (except an (8) REAFFIRMATION.—Notwithstanding any waiians by the United States or by the State officer or employee of the Native Hawaiian other provision of law, the special political of Hawaii. governing entity, acting within the scope of and legal relationship between the United (2) AMENDMENTS TO EXISTING LAWS.—Upon his or her authority), from the regulatory, States and the Native Hawaiian people is agreement on any matter or matters nego- taxation, or other authority of the State of hereby reaffirmed and the United States ex- tiated with the United States or the State of Hawaii. In determining whether an activity tends Federal recognition to the Native Ha- Hawaii, and the Native Hawaiian governing is covered by this subparagraph, due consid- waiian governing entity as the representa- entity, the parties may submit— eration shall be given to the constraints de- tive sovereign governing body of the Native (A) to the Committee on Indian Affairs of scribed in subparagraphs (A), (F), and (G). Hawaiian people after— the Senate, the Committee on Energy and (J) Commercial or business activities un- Natural Resources of the Senate, and the (A) the approval of the organic governing dertaken by the Native Hawaiian governing Committee on Natural Resources of the entity, or by a corporation or other associa- documents by the Secretary under subpara- House of Representatives recommendations tion or entity owned, operated, or sponsored graph (A) or (C) of paragraph (4); and for proposed amendments to Federal law by the Native Hawaiian governing entity, (B) the officers of the Native Hawaiian gov- that will enable the implementation of shall be subject to the regulatory and tax- erning entity elected under paragraph (5) agreements reached between the govern- ation authority of the State of Hawaii to the have been installed. ments; and same extent as commercial or business ac- SEC. 9. REAFFIRMATION OF DELEGATION OF (B) to the Governor and the legislature of tivities undertaken by others. FEDERAL AUTHORITY TO STATE OF HAWAII; GOVERNMENTAL AUTHOR- the State of Hawaii, recommendations for (K) Subject to subparagraph (I), activities ITY AND POWER; NEGOTIATIONS; proposed amendments to State law that will conducted on real property owned by, leased CLAIMS. enable the implementation of agreements by, or subject to the control of the Native (a) REAFFIRMATION.—The delegation by the reached between the governments. Hawaiian governing entity shall be subject United States of authority to the State of (3) During the period between the reaffir- to the regulatory and taxation authority of Hawaii to address the conditions of the in- mation of the special political and legal rela- the State of Hawaii to the same extent as ac- digenous, native people of Hawaii contained tionship between the United States and the tivities conducted on real property owned in the Act entitled ‘‘An Act to provide for Native Hawaiian governing entity, and the by, leased by, or subject to the control of the admission of the State of Hawaii into the subsequent enactment of legislation to im- others. Union’’, approved March 18, 1959 (Public Law plement the agreement or agreements nego- (L) Subject to subparagraph (O), real prop- 86–3; 73 Stat. 4), is reaffirmed. tiated under paragraph (1): erty owned by, leased by, or subject to the (b) GOVERNMENTAL AUTHORITY AND (A) There shall be no Indian country with- control of the Native Hawaiian governing en- POWER.— in the State of Hawaii. tity, and development of such property, shall (1) IN GENERAL.—Consistent with the poli- (B) The United States shall not take land be subject to the regulatory and taxation au- cies of the United States set forth in section in trust for the benefit of the Native Hawai- thority of the State of Hawaii to the same 4(a)(4), the Native Hawaiian governing entity ian governing entity or for the benefit of extent as real property owned by, leased by, shall be vested with the inherent powers and members of the Native Hawaiian governing or subject to the control of others. privileges of self-government of a native gov- entity. (M) Any commercial or business corpora- ernment under existing law, except as set (C) The United States shall not restrict the tion or other commercial or business asso- forth in this Act. Said powers and privileges alienability of land owned by the Native Ha- ciation or entity owned, operated, or spon- may be modified by agreement between the waiian governing entity. sored by the Native Hawaiian governing en- Native Hawaiian governing entity, the (D) Members of the Native Hawaiian gov- tity shall be subject to the regulatory and United States, and the State of Hawaii pur- erning entity shall continue to be subject to taxation authority of the State of Hawaii to suant to the negotiations authorized in sub- the civil and criminal jurisdiction of Federal the same extent as commercial and business section (c)(1), and subject to the enactment and State courts. corporations and other commercial and busi- of implementing legislation and to the limit (E) Nothing in this Act alters or preempts ness associations and entities owned, oper- described by section 10(a). the existing legislative, regulatory, or tax- ated, or sponsored by others. (2) MEMBERSHIP.—Once the United States ation authority of the State of Hawaii over (N) Any specific power, authority, or re- extends Federal recognition to the Native individuals who are members of the Native striction set forth in this paragraph shall ex- Hawaiian governing entity, the United Hawaiian governing entity or over property pire upon enactment of legislation that im- States will recognize and affirm the Native owned by those individuals. plements an agreement or agreements nego- Hawaiian governing entity’s inherent power (F) The Native Hawaiian governing entity tiated under paragraph (1) and that expressly and authority to determine its own member- shall not exercise criminal, civil, adjudica- replaces or alters such power, authority, or ship criteria, to determine its own member- tive, legislative, regulatory, or taxation au- restriction. ship, and to grant, deny, revoke, or qualify thority or jurisdiction over individuals who (O) Nothing in this paragraph diminishes membership without regard to whether any are not members of the Native Hawaiian gov- any right or immunity (including any immu- person was or was not deemed to be a quali- erning entity without their express consent. nity from State or local taxation) granted to fied Native Hawaiian constituent under this (G) The Native Hawaiian governing entity Native Hawaiians or their property by the Act. The Native Hawaiian governing entity shall not exercise criminal, civil, adjudica- Hawaiian Homes Commission Act, 1920 (42 must provide that membership in the Native tive, legislative, regulatory, or taxation au- Stat. 108, chapter 42), the Act entitled ‘‘An Hawaiian governing entity is voluntary and thority or jurisdiction over corporations or Act to provide for the admission of the State can be relinquished. other associations or entities that are owned of Hawaii into the Union’’, approved March (c) NEGOTIATIONS.— wholly or in majority part by persons who 18, 1959 (Public Law 86–3; 73 Stat. 4), or sec- (1) IN GENERAL.—Upon the reaffirmation of are not members of the Native Hawaiian gov- tions 10001 through 10004 of the Department the special political and legal relationship erning entity without their express consent. of Defense Appropriations Act, 1994 (sections

VerDate Mar 15 2010 04:07 May 18, 2010 Jkt 089060 PO 00000 Frm 00069 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H23FE0.REC H23FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H720 CONGRESSIONAL RECORD — HOUSE February 23, 2010 10001 through 1004 of Public Law 103–139; 107 or law in effect before the date of enactment over non-Native Hawaiian individuals Stat. 1418, 1480 (1993)). of this Act. without their consent. And the State of (4) Nothing in paragraph (3) should be in- (2) APPLICABILITY OF OTHER TERMS.—Sub- Hawaii will retain regulatory and tax- terpreted as establishing any presumption ject to paragraph (3), in Federal statutes or ation authority over Native Hawaiians about the powers or authorities that could regulations in force prior to the United properly be exercised by the United States, States recognition of the Native Hawaiian and the Native Hawaiian governing en- the State of Hawaii, or the Native Hawaiian governing entity, the terms ‘‘Indian’’ and tity. governing entity after further legislation, in- ‘‘Native American’’, and references to Indian Mr. Speaker, the Native Hawaiian cluding legislation enacted to implement tribes, bands, nations, pueblos, villages, or government reorganization does as fol- any agreement negotiated under this sub- other organized groups or communities, shall lows: Establishes a process for the rec- section. not apply to the Native Hawaiian governing ognition of a single Native Hawaiian (d) CLAIMS.—Nothing in this Act— entity or its members, unless the Federal governing entity; establishes a U.S. of- (1) alters existing law, including case law, statute or regulation expressly applies to regarding obligations of the United States or Native Hawaiians or the Native Hawaiian fice for Native Hawaiian relations in the State of Hawaii relating to events or ac- governing entity. the Department of the Interior to con- tions that occurred prior to recognition of (3) INDIAN CIVIL RIGHTS ACT OF 1968.—The sult with other Federal agencies and the Native Hawaiian governing entity; Council and the Native Hawaiian governing the State of Hawaii; establishes a Na- (2) creates, enlarges, revives, modifies, di- entity shall be subject to sections 201 tive Hawaiian interagency coordi- minishes, extinguishes, waives, or otherwise through 203 of the Indian Civil Rights Act of nating group; authorizes United alters any Federal or State claim or cause of 1968 (25 U.S.C. 1301–1303). Nothing in such action against the United States or its offi- States-State of Hawaii Native Hawai- Act, and nothing in this paragraph, shall be ian governing entity negotiations cers or the State of Hawaii or its officers or interpreted to expand the powers and au- any other person or entity, or any defense thorities of the Council or the Native Hawai- based on the following: the transfer of (including the defense of statute of limita- ian governing entity that are described else- lands, natural resources and other as- tions) to any such claim or cause of action, where in this Act. sets; the exercise of governmental au- except in the case of claims or causes of ac- (d) REAL PROPERTY TRANSFERS.—Section thority over any lands or resources; tion challenging the constitutionality or le- 2116 of the Revised Statutes (commonly the exercise of civil and criminal juris- gality of programs benefitting Native Hawai- known as the ‘‘Indian Trade and Intercourse diction; and grievances regarding asians to the extent that this Act creates or Act’’) (25 U.S.C. 177) does not apply to any enlarges any defense to any such claim or sertions of historical wrongs com- purchase, grant, lease, or other conveyance mitted against the Native Hawaiians cause of action; of lands, or of any title or claim thereto, (3) amends section 2409a of title 28, United from Native Hawaiians, Native Hawaiian en- by the United States or the State of States Code (commonly known as the ‘‘Quiet tities, or the Kingdom of Hawaii that oc- Hawaii. It prohibits gaming by Native Title Act’’), chapter 171 of title 28, United curred prior to the date of the United States’ Hawaiian governing entities and Na- States Code (commonly known as the ‘‘Fed- recognition of the Native Hawaiian gov- tive Hawaiians. It prohibits the Native eral Tort Claims Act’’), section 1491 of title erning entity. Hawaiian governing entity from being 28, United States Code (commonly known as SEC. 11. SEVERABILITY. eligible for any new Indian programs to the ‘‘Tucker Act’’), section 1505 of title 28, If any section or provision of this Act is United States Code (commonly known as the which they are not already included. held invalid, it is the intent of Congress that ‘‘Indian Tucker Act’’), the Hawaii Organic Let me say then, in conclusion, what the remaining sections or provisions shall Act (31 Stat. 141), or any other Federal stat- the Native Hawaiian Government Reor- continue in full force and effect. ute, except as expressly amended by this ganization Act does not do. It does not Act; or SEC. 12. AUTHORIZATION OF APPROPRIATIONS. recognize the Native Hawaiian govern- There are authorized to be appropriated (4) alters the sovereign immunity of the ment upon passage of this bill. It does United States or of the State of Hawaii. such sums as are necessary to carry out this Act. not exempt the Native Hawaiian gov- SEC. 10. APPLICABILITY OF CERTAIN FEDERAL ernment from any provision of the U.S. LAWS. The SPEAKER pro tempore. Pursu- (a) INDIAN GAMING REGULATORY ACT.— ant to House Resolution 1083, the gen- Constitution. It does not exempt the Native Hawaiian government from any (1) IN GENERAL.—The Native Hawaiian gov- tleman from Hawaii (Mr. ABERCROMBIE) erning entity and Native Hawaiians may not and a Member opposed each will con- provision of Federal law. It does not conduct gaming activities as a matter of trol 15 minutes. exempt the Native Hawaiian governing claimed inherent authority or under the au- entity from taxation. It does not authority of any Federal law, including the In- The Chair recognizes the gentleman from Hawaii. thorize a Native Hawaiian government dian Gaming Regulatory Act (25 U.S.C. 2701 entity to secede. It does not alter the et seq.) or under any regulations thereunder Mr. ABERCROMBIE. Mr. Speaker, in promulgated by the Secretary or the Na- support of our substitute amendment, civil or criminal jurisdiction of the tional Indian Gaming Commission. the amendment ensures that the Na- United States or the State of Hawaii. (2) APPLICABILITY.—The prohibition con- tive Hawaiian governing entity will And finally, it does not allow for the tained in paragraph (1) regarding the use of have the same governmental authori- transfer of land or any authority of Indian Gaming Regulatory Act (25 U.S.C. land to a Native Hawaiian governing 2701 et seq.) and inherent authority to game ties and sovereign immunity of other native governments. entity. applies regardless of whether gaming by Na- Mr. Speaker, I reserve the balance of tive Hawaiians or the Native Hawaiian gov- The Abercrombie amendment, the erning entity would be located on land with- substitute amendment, follows cen- my time. in the State of Hawaii or within any other turies of well-established Federal law. Mr. HASTINGS of Washington. I rise State or territory of the United States. The amendment is supported by the in opposition to the amendment. (b) SINGLE GOVERNING ENTITY.—This Act National Congress of American Indi- The SPEAKER pro tempore. The gen- will result in the recognition of the single tleman is recognized for 15 minutes. Native Hawaiian governing entity. Addi- ans, the Alaska Federation of Natives tional Native Hawaiian groups shall not be and other tribal organizations. Presi- Mr. HASTINGS of Washington. I eligible for acknowledgment pursuant to the dent Obama supports the substitute yield myself as much time as I may Federal Acknowledgment Process set forth amendment, and I quote, ‘‘as it adds consume. in part 83 of title 25, Code of Federal Regula- important clarifications to craft a du- (Mr. HASTINGS of Washington asked tions, or any other administrative acknowl- rable pathway forward.’’ and was given permission to revise and edgment or recognition process. Mr. Speaker, the amendment in the extend his remarks.) (c) INDIAN PROGRAMS, SERVICES, AND LAWS.— nature of a substitute further clarifies Mr. HASTINGS of Washington. Mr. (1) IN GENERAL.—Notwithstanding any that pending negotiations and subse- Speaker, I rise in opposition to this other provision of this Act, nothing in this quent implementation legislation with amendment. As I said in my opening Act extends eligibility for any Indian pro- that, the following will occur: There statement, this amendment was craft- gram or service to the Native Hawaiian gov- will be no Indian Country within Ha- ed in a manner that has become the erning entity or its members unless a stat- waii. The United States will not take hallmark of this Democrat-led House, ute governing such a program or service ex- land into trust nor restrict alien abil- this behind closed doors, with very lit- pressly provides that Native Hawaiians or the Native Hawaiian governing entity is eli- ity of land owned by the Native Hawai- tle time for the American people or the gible for such program or service. Nothing in ian governing entity. The governing people of Hawaii to review it. It has this Act affects the eligibility of any person entity may not exercise certain powers been available for public review, Mr. for any program or service under any statute and authorities such as jurisdiction Speaker, for less than 48 hours.

VerDate Mar 15 2010 04:07 May 18, 2010 Jkt 089060 PO 00000 Frm 00070 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H23FE0.REC H23FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 23, 2010 CONGRESSIONAL RECORD — HOUSE H721 Just last night, Hawaii’s Governor, Governor Lingle, as I mentioned, last ‘‘The basic problem as I see it, is that in Linda Lingle, a strong supporter of Na- night formally announced her opposi- the current version of the bill, the ‘govern- tive Hawaiian recognition, announced tion to this substitute. In referring to mental’ (non-commercial) activities of the her opposition to this substitute. the changes made by the substitute, Native Hawaiian governing entity, its employees, and its officers, will be almost com- As introduced, the basic bill, H.R. the Governor said, ‘‘I do not believe pletely free from State and County regula- 2314, provides that matters such as such a structure, of two completely dif- tion, including free from those laws and transferring lands and preempting Fed- ferent sets of rules—one for ‘govern- rules that protect the health and safety of eral and State civil, criminal, and tax mental’ activities of the Native Hawai- Hawai‘i’s people, and protect the environ- jurisdiction must be subject to negotia- ian governing entity and its officers ment. ‘Governmental’ activity is a broad un- tion with and the consent of the State and employees, and one for everyone defined term that can encompass almost any of Hawaii and the U.S. Congress. else—makes sense for Hawaii.’’ non-commercial activity. But this substitute short circuits Mr. Speaker, perhaps this impasse ‘‘This structure will, in my opinion, pro- could have been avoided if the Gov- mote divisiveness and litigation, rather than that public process. It immediately negotiation and resolution. preempts the State of Hawaii’s juris- ernor and the Attorney General had ‘‘I do not believe such a structure, of two diction over civil, tax, and possibly been privy to those negotiations, at completely different sets of rules—one for criminal matters. All the Native Ha- least to the details where they could or ‘governmental’ activities of the Native Ha- waiian entity would have to do is un- could not agree. But, again, those deci- waiian governing entity and its officers and dertake any activity in the name of an sions were kept from these people ap- employees, and one for everyone else—makes official government action and immu- parently because they did not agree sense for Hawai‘i. with this substitute. ‘‘In addition, under the current bill, the nity from the State authority applies. Native Hawaiian governing entity has al- The substitute makes a number of Mr. Speaker, then what will be the practical result of this substitute if it most complete sovereign immunity from major revisions, all written in secret, lawsuits, including from ordinary tort and away from public view. And let me, Mr. becomes law? Does it mean the native contract lawsuits, and I do not believe this Speaker, just highlight a few: entity can construct a government makes sense for the people of Hawai‘i. It creates a new membership criteria building for its officers and employees ‘‘My decision to not support the current that is six pages in length. They do not in violation of State zoning laws? Does version of the Akaka Bill is done with a require one to reside in Hawaii to be a it permit the entity to discharge waste heavy heart, because I so strongly believe in material in violation of State law? Will recognition for Native Hawaiians. member of this newly created entity. ‘‘If the bill in its current form passes the Second, these six pages of member- it prevent anyone from enforcing contracts made with the entity? House of Representatives, I would hope it ship criteria are ultimately meaning- can be amended in the United States Sen- Mr. Speaker, if this bill becomes law, less. Once the governing entity is for- ate.’’ those questions are left unanswered. mally recognized, it may discard these And so perhaps we will learn the an- I reserve the balance of my time. criteria and grant, deny, or revoke Mr. ABERCROMBIE. Mr. Speaker, I swers to these questions after it’s too membership for any reason. yield 3 minutes to the gentleman from late. The State will be unable to en- In the substitute, section 6C–1 estab- force its laws and regulations over the American Samoa (Mr. FALEOMAVAEGA). lishes the White House as the lead Mr. FALEOMAVAEGA. Mr. Speaker, entity because of the new provisions in agency to implement this act. I want to say that I fully support the this substitute. b 1900 Mr. Speaker, I just want to empha- gentleman’s substitute amendment, size this point. It is not reasonable to and I want to ask if we could do a little Mr. Speaker, this unreasonably in- colloquy in the process. jects the political operatives of the roll over the sovereign rights of a State. And it is especially not reason- I note with interest there has been White House into the formation of the several references made by our friends governing entity. able when the Governor of that State, in this case Governor Lingle—who has on the opposite side concerning the Ha- A new section 7 also requires the At- waii Admissions Act suggesting there torney General to assign a Department long been a proponent of the principles embodied in this issue—disagrees and was nothing whatsoever that Congress of Justice attorney to assist and pro- at will, as part of the provisions of the tect the government entity. This will cannot support the amendment in the nature of a substitute that we are dis- Hawaii Admissions Act, taking care of wrongfully color the objectivity of the Native Hawaiians. And I believe this is Justice Department when a challenge cussing here tonight. For these reasons, Mr. Speaker, I something that I think our colleagues of the constitutionality of this act is urge and ask my colleagues to vote need to understand a little better, that inevitably made. And, Mr. Speaker, I ‘‘no’’ on this substitute. after the Hawaii Admissions Act, it am convinced there will be one made. STATEMENT BY GOVERNOR LINDA LINGLE ON didn’t mean that we just completely Mr. Speaker, there are fundamental THE NATIVE HAWAIIAN GOVERNMENT REOR- forget anything and everything to do changes from the original bill that de- GANIZATION ACT with the needs of Native Hawaiians. serve more scrutiny than we can pro- ‘‘For more than seven years, my adminis- Am I correct on that? vide on the House floor today because tration and I have strongly supported rec- Mr. ABERCROMBIE. That is correct. we’ve only had, as I mentioned, 48 ognition for Native Hawaiians and supported Mr. FALEOMAVAEGA. I also want hours to look at it. the Akaka Bill. to ask my good friend, as you had indi- But let me repeat that perhaps the ‘‘We have supported a bill that would set cated and our friends have indicated most objectionable provisions are the up a process of recognition first, followed by negotiations between the Native Hawaiian Governor Lingle’s opposition to the ones in which the race-based entity is governing entity, the State of Hawai‘i, and proposed substitute, am I to perceive immunized from lawsuits in any Fed- the United States. Once that was completed, that certainly Governor Lingle, with eral or State court, and shielded from it would be followed by the Native Hawaiian all due respect, is entitled to her opin- State civil, tax, and possibly criminal governing entity’s exercise of governmental ion and some of the issues affecting the jurisdiction. powers and authorities. proposed legislation which she has sup- Now, I realize this debate has been ‘‘Amendments made to the bill in Decem- ported for the past 7 years. going on. I realize the gentleman from ber 2009 turned that process around. The cur- Do you see anything that cannot be rent bill establishes that the Native Hawai- Hawaii (Mr. ABERCROMBIE) has at- ian governing entity would start with broad done in a way that by accepting this tempted to accommodate the objec- governmental powers and authorities, with proposed substitute we can still take tions of Governor Lingle and the Attor- negotiations to follow. corrective action, whatever it might ney General of Hawaii, and he should ‘‘Although I believe the original plan to be, the concerns that she might have really be commended for that effort. negotiate first makes more sense, my admin- later on? But the accommodations, at least thus istration has tried to work with the Hawai‘i Mr. ABERCROMBIE. Yes. Not every- far, do not resolve their fundamental Congressional delegation on the new struc- one may have been on the floor or lis- problems with this bill, which is the ture to establish governing powers first, with tening at the time that I indicated that negotiations to follow. preemption of State civil, taxation, ‘‘Ultimately, although we had good and I had a conversation with the Governor and possibly criminal jurisdiction productive discussions, the current draft of this afternoon, and I indicated to her without the consent of the State. the bill is not one I can support. that I would say specifically on the

VerDate Mar 15 2010 04:07 May 18, 2010 Jkt 089060 PO 00000 Frm 00071 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H23FE0.REC H23FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H722 CONGRESSIONAL RECORD — HOUSE February 23, 2010 floor that we have agreed to disagree, would be a way to try to satisfy her very seriously and many of their rec- that she supports the object of the concerns, and I don’t doubt at all that ommendations are reflected in the bill—as has been indicated by Rep- that effort will be tried. Hopefully it Abercrombie substitute before you resentative HASTINGS quite accu- will be successful. But let me just re- today. rately—but that in this disagreement view where we were. Under this bill, the Native Hawaiian over how to proceed legislatively, I When we started the process, when governing entity will have the same in- commented both to her and I’ve com- we started this Congress, the original herent powers—no more, no less—as mented on the floor and in conversa- text of H.R. 2314 was something that other native governments possess, tions private and elsewhere that legis- Governor Lingle endorsed. The Senate namely, American Indians and Alaska lation is a process and that this is not bill, which I think was identical or Natives. Hawaiians historically have theology. And as a result of it being a very close, she also endorsed that. But been the object of unjust and unfair legislative process, it may not be per- now with the action of the other body, treatment at the hands of our govern- fect in every regard, but I am content with the Senate in passing what is ment. Why should we perpetuate such and comfortable with the idea that commonly referred to as the Akaka treatment? whoever is Governor, including the amendment, which is similar to what In seeking to have Native Hawaiians’ present Governor for the remainder of we are debating here today, the Gov- inherent powers be treated differently her term, that she will not be disadvan- ernor does not support that. from how American Indians and Native taged nor will any other Governor be Now we have the base bill here which Alaskans were treated, the Governor disadvantaged in any negotiations that the Governor does support, and we’re and Attorney General’s position opens take place with the native governing debating now a substitute—which I the door to challenging such powers as agency. hope doesn’t pass but I am a realist. exercised by the American Indians and Mr. FALEOMAVAEGA. There’s also And it may pass. And now we will have Alaska natives. This is problematic for been a reference made, I ask my col- a bill in both Houses or two bills, one all native peoples. While the substitute amendment league, that the idea of comparing Na- in each House, in which the Governor makes changes to this version of the tive Hawaiians to American Indians is disagrees with. bill, it has in no way changed the in- somewhat absurd. Now, if you’re negotiating in good I would like to ask the gentleman if faith, it would seem to me that you tent of the legislation. This bill remains a path for Native Hawaiians to such a description, as our friends on should at least start with the position achieve self-determination as it has the other side have suggested, is to- where the Governor of the affected been provided to American Indians and tally irrelevant. The fact of the matter State is in agreement with what you’re Alaska Natives. This has remained a is, there are only three truly indige- trying to do and that’s not the case consistent and constant goal of the Ha- nous aboriginal groupings under the today if the substitute were to pass. waiian delegation. After all of the sovereignty of the United States. The Now, again, I am going to say that I years of work and compromise on this American Indians in the 48 continental take my good friend from Hawaii at his bill, this should be the year that Con- States that we lived in with some 565 word that he is going to negotiate. gress finally seizes the opportunity to tribes fully recognized; there were Maybe if he was the only negotiator it provide long-awaited justice to Native some 100 other tribes not recognized, could be worked out. I don’t know be- Hawaiians. by the way. cause I don’t know what is going on be- We all know the previous administra- The SPEAKER pro tempore. The hind those doors. Nobody knows, unfor- tion did not support the Akaka bill, time of the gentleman has expired. tunately. and a Presidential veto was likely. But Mr. ABERCROMBIE. I yield the gen- Mr. ABERCROMBIE. Will the gen- now we have the support of a President tleman 30 additional seconds. tleman yield? who understands and supports the in- Mr. FALEOMAVAEGA. I thank the Mr. HASTINGS of Washington. I digenous people of our State. gentleman for yielding. would be happy to yield to my friend. It is disappointing that when we are I just want to say 565 tribes are rec- Mr. ABERCROMBIE. Perhaps you on the cusp of reaching a historic mile- ognized by the Federal Government. want to put that in as an amendment, stone in the history of our State and Does it stand a chance to suggest that that I should be the negotiator. our country, our Governor and Attor- Mr. HASTINGS of Washington. Well, Native Hawaiians cannot be recognized ney General have withdrawn their sup- reclaiming my time, maybe we could in the same way giving some sense of port of this bill. But Congress can and work together on that right now if that self-esteem and dignity to the people should do the right thing by passing would be the case. who are Native Hawaiians to the State this bill. In spite of all of the race- Mr. Speaker, I am simply pointing of Hawaii? based, technical, and other rhetoric Mr. ABERCROMBIE. I think the an- this out because this is evolving into a you will hear against this measure, it swer from the most practical point of process, and who is being left out of is high time that Native Hawaiians view is the passage of the Hawaiian this process happens to be the elected through this bill can once again em- Homes Act of 1921. The Congress obvi- Governor of the State of Hawaii. And bark on a journey of historic propor- ously recognized that there was a dis- to me that is regretful. tions. tinctive entity in the category of Na- With that, I will reserve my time. I urge support of the Abercrombie Mr. ABERCROMBIE. Mr. Speaker, I tive Hawaiians as a logical extension of substitute amendment. the previous constitutional history re- would like to yield 3 minutes to my garding native people. colleague and good friend from Hawaii, b 1915 The SPEAKER pro tempore. The MAZIE HIRONO. Mr. HASTINGS of Washington. Mr. time of the gentleman has again ex- Ms. HIRONO. Mr. Speaker, I rise Speaker, I yield myself 2 minutes. Ref- pired. today in strong support of the Aber- erence was made to how this would af- Mr. HASTINGS of Washington. Mr. crombie substitute amendment. fect the laws of Hawaii. Speaker, can I inquire how much time This amendment reflects a com- Let me read from the Abercrombie on both sides remains. promise between the Hawaii delega- substitute, page 51, line 1H: The Native The SPEAKER pro tempore. The gen- tion—who I might add are also duly American governing entity shall be im- tleman from Washington has 81⁄2 min- elected by the people of Hawaii—the mune from any lawsuit in any Federal utes, and the gentleman from Hawaii State of Hawaii, the Obama adminis- or State court, with some exceptions as has 81⁄2 minutes. tration, Indian Country, and the Na- I had noted earlier. Mr. HASTINGS of Washington. Mr. tive Hawaiian community. On the same page, page 51 of the Speaker, I will yield myself 3 minutes. Much has been made of remarks and Abercrombie substitute, line 18: Gov- Mr. Speaker, in the exchange be- statements by Hawaii’s Governor and ernmental nonbusiness, noncommer- tween my friend from American Samoa Attorney General on the substitute cial activities undertaken by the Na- and my friend from Hawaii, the issue amendment. Let me say that the Ha- tive Hawaiian government entity shall was brought up that Governor Lingle waii delegation took their concerns, not be subject to the regulatory or tax- was contacted today and that there which were first raised in December, ation authority of the State of Hawaii.

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Senator DANIEL AKAKA, laws here that the word ‘‘shall’’ as op- U.S. Senate, Hart Senate Office Building, posed to ‘‘may’’ has very, very strong Whether it is the national security of Washington, DC. meaning, and in both cases it says our country, which he serves to Hon. MAZIE HIRONO, ‘‘shall.’’ strengthen on the Armed Services House of Representatives, Longworth House Of- With that, Mr. Speaker, I reserve the Committee, whether it is the beautiful fice Building, Washington, DC. Hon. DANIEL INOUYE, balance of my time. natural patrimony, the beautiful gift Mr. ABERCROMBIE. Mr. Speaker, U.S. Senate, Hart Senate Office Building, that God has given our country in our can you tell us the time remaining on Washington, DC. DEAR HONORABLE MEMBERS: The National both sides? natural resources that he serves on the Natural Resources Committee, or the Congress of American Indians fully supports The SPEAKER pro tempore. The gen- the Native Hawaiian people in their quest for tleman from Hawaii has 6 minutes re- rights of indigenous people that he self-determination and self-governance, and maining. The gentleman from Wash- serves on the Natural Resources Com- has for many years. (See NCAI Resolution ington has 41⁄2 minutes remaining. mittee, NEIL ABERCROMBIE is a true pa- PHX–03–004.) This week, the Native Hawaiian Mr. ABERCROMBIE. And the gen- triot looking out for the people, the Reorganization Act of 2009 (H.R. 2314) is expected to be amended on the floor of the tleman from Washington has the privi- values, the beautiful land, and the se- lege of closing, does he not? House of Representatives and subsequently The SPEAKER pro tempore. That is curity of America. passed through Congress. NCAI supports the amendment as a way to correct. His service in Congress has been ensure that Congress has a strong basis for Mr. ABERCROMBIE. Mr. Speaker, I marked with great passion for ideas, treating Native Hawaiians as a distinct na- yield 1 minute to the Speaker of the but also with great intellect, always tive community, and that the Act is con- House, the Honorable NANCY PELOSI. passionate about his beliefs, always stitutionally sound. Through the delibera- Ms. PELOSI. Mr. Speaker, I thank dispassionate about the solutions that tive process with the Department of Justice, the gentleman for yielding. the Senate Committee on Indian Affairs and I am pleased to have this opportunity make sense for the American people. with legal scholars with expertise in federal to come to the floor today to support And what we are talking about here to- Indian policy, Representative Abercrombie’s Mr. ABERCROMBIE’s initiative on behalf night is common sense for the Native amendment has addressed these concerns. NCAI has demonstrated repeated commit- of Native Hawaiians. It is a pursuit Hawaiian people. ment to Native Hawaiian self-governance that he has followed in all of his years So, Mr. ABERCROMBIE, it is bitter- and sovereignty. Over the past ten years, we in the Congress of the United States. sweet, quite frankly, to come to the have passed resolutions and steadfastly sup- Aside from the considerable merit of ported legislation encouraging the formation floor to commend you on your leader- his important legislation, which I fully of a Native Hawaiian governing entity. NCAI support his amendment and his sub- ship on this, probably your last week supports Representative Abercrombie’s pro- stitute and salute the work of Con- in the Congress. I wish you well in your posed amendment to grant Native Hawaiians the self-determination and self-government gresswoman HIRONO, too, on behalf of pursuits in Hawaii. Perhaps next time we will be calling you Governor Aber- they justly deserve. Native Hawaiians and our colleagues Sincerely, gathered here, it is with mixed emo- crombie, we hope, but also the grati- JACQUELINE JOHNSON PATA, tions that I come. I know you will be tude of all who served here proud to Executive Director. successful, as you always have been, in call you colleague, privileged to call looking out for Native Hawaiians. you friend, grateful for your leadership ALASKA FEDERATION OF NATIVES, For over 200 years, my colleagues, Anchorage, AK, February 18, 2010. to our country. And I know you are Congress, the executive branch, and Re Letter of support on the substitute very proud of your service to the great the Supreme Court have recognized amendment to H.R. 2314. certain legal rights and protections for State of Hawaii. Hon. NEIL ABERCROMBIE, America’s indigenous people. Congress’ Mr. HASTINGS of Washington. Mr. House of Representatives, Longworth House Of- fice Building, Washington, DC. constitutional authority over indige- Speaker, I wonder if I could inquire of Hon. MAZIE K. HIRONO, nous affairs is premised upon their sta- my friend from Hawaii if there are any House of Representatives, Longworth House Of- tus as the original inhabitants of this more speakers on their side of the fice Building, Washington, DC. Nation. It is the most moral and legal aisle. DEAR REPRESENTATIVE ABERCROMBIE AND responsibility of Congress to reaffirm a REPRESENTATIVE HIRONO: On behalf of the political relationship with the native Mr. ABERCROMBIE. No. I want to membership of the Alaska Federation of Na- people of Hawaii. H.R. 2314 will achieve speak one more time, and I will be the tives (AFN), the oldest and largest statewide final speaker. Native organization in Alaska, I am writing this purpose. The Native American in- to express AFN’s support for the passage of terim governing congress will be estab- Mr. HASTINGS of Washington. I re- H.R. 2314, the Native Hawaiian Government lished to develop elements of the or- serve the balance of my time. Reorganization Act by the United States ganic documents and other criteria for House of Representatives as soon as possible. the Native Hawaiian governing entity. Mr. ABERCROMBIE. Mr. Speaker, I It is our understanding that Representative You all know, the debate has been would like to enter into the RECORD a Abercrombie will offer an amendment to going on, what this legislation is about letter favoring the legislation, the sub- H.R. 2314 in the form of a substitute when in its specifics, but what it is about in stitute, from the National Congress of the U.S. House considers this bill on the floor. The substitute amendment is a prod- its vision and its values for our coun- American Indians; the Alaska Federa- uct of collaboration between the Obama Ad- try is something that I wanted to join tion of Natives; the Council for Native ministration and Hawaii’s Congressional in recognizing. Hawaiian Advancement; the Sovereign Delegation and will lead to the equitable I also come here to salute Mr. ABER- Councils of the Hawaiian Homelands treatment of Native Hawaiians on an equal CROMBIE. This is probably—but you footing with Alaska Natives and American Assembly; the President of the Hawaii never know, Mr. ABERCROMBIE—the Indians. Native Hawaiians are just as indige- last bill he will be part of managing on State Senate, the Honorable Colleen nous and just as aboriginal as any other Na- the floor of the House. Hanabusa; and the Osage Nation from tive American group. We hope that the U.S. House of Represent- Thank you, Chairman RAHALL, for the Office of the Principal Chief. atives will give favorable consideration to bringing this important legislation to H.R. 2314 as it represents more than 20 years the floor before Mr. ABERCROMBIE left of efforts by Native Hawaiians to achieve the us. As if we had a choice. status under Federal law that now applies His persistence, his determination, only to the other two groups of indigenous his courage on behalf of the people of people in our country.

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Thank you for your consideration. If you (SCHHA), submits its strong support for the OSAGE NATION, have questions regarding this letter, please amendment to the Native Hawaiian Govern- Pawhuska, OK, February 22, 2010. call me. ment Reorganization Act, as drafted by our Hon. JOHN SULLIVAN, Sincerely, Hawaii Congressional delegation. The con- House of Representatives, Cannon House Office JULIE KITKA, tent of the legislation is the result of input Building, Washington, DC. President. from broad constituencies, including state DEAR CONGRESSMAN SULLIVAN: The Osage government officials, Tribal leaders, Native Nation stands firmly with the Native Hawai- COUNCIL FOR NATIVE Hawaiian leaders and legal experts in the ian people in their quest for self-determina- HAWAIIAN ADVANCEMENT, specialized area of federal Native law. tion and we support the Native Hawaiian Honolulu, Hawaii, February 22, 2010. This measure is the work of ten years, Government Reorganization Act of 2009 (H.R. Hon. Senator DANIEL INOUYE, done with extraordinary transparency, bipar- 2314). It is a just and balanced bill that U.S. Senate, Hart Senate Office Bldg., Wash- tisanship and a diligence that is reflected in brings parity to Native Hawaiians, granting ington, DC. the amendment drafted. It is time to give them rights that have been extended to na- Hon. Senator DANIEL AKAKA, this measure an up or down vote in the tive governments across the country. U.S. Senate, Hart Senate Office Bldg., Wash- House of Representatives and the Senate of As Oklahoma and other states have shown, ington, DC. the United States. Mahalo for your work to when Native peoples are provided with the Hon. NEIL ABERCROMBIE, express a fair and just measure that extends means to exercise self-determination, not House of Representatives, Longworth House Of- the policy of self-determination and self-gov- only do they rightfully advance the welfare fice Bldg., Washington, DC. ernance to the Native Hawaiian people. of their own peoples, but they also function Hon. MAZIE HIRONO, Malama pono, as an important economic and job-creating House of Representatives, Longworth House Of- KAMAKI KANAHELE, engine for the entire state. We believe that fice Bldg., Washington, DC. SCHHA Chairman. H.R. 2314 provides an empowering and stable ALOHA HONORABLE MEMBERS: The Council structure on which Native Hawaiians can for Native Hawaiian Advancement (CNHA) STATE OF HAWAII, build a prosperous future for their people and unites 106 Native Hawaiian organizations to STATE CAPITOL, for the state of Hawaii. enhance the cultural, economic and commu- Honolulu, Hawaii, February 22, 2010. The Native Hawaiian people have sought nity development of Native Hawaiians. We Hon. Senator DANIEL INOUYE, passage of this bill for 10 years. It has bipar- are an important and engaged policy voice Hart Senate Office Building, Washington, DC. tisan support, including Republican co-spon- focused entirely on our Native Hawaiian Hon. Senator DANIEL AKAKA, sors Congressman Tom Cole of Oklahoma community. The Native Hawaiian Govern- Hart Senate Office Building, Washington, DC. and Congressman Don Young of Alaska, who ment Reorganization Act has remained one Hon. Congressman NEIL ABERCROMBIE, recognize it is time to deliver a fair process of our top policy issues over the last ten for Native Hawaiians to resolve longstanding years, since 2000, when we participated in the Longworth House Office Building, Washington, DC. concerns in their community as we have original working group created by the Ha- done in ours. As the Osage Nation can attest, Hon. Congresswoman MAZIE HIRONO, waii Congressional delegation and chaired by federal recognition is a vital component in Longworth House Office Building, Washington, Senator Akaka. advancing the social and economic rights of DC. We have conducted over 150 community native peoples. sessions and convenings on the measure just ALOHA MEMBERS OF THE HAWAI‘I DELEGA- We ask that you provide Native Hawaiians in the last five years, and we have reviewed TION: For twelve years, I have served as a and submitted our input on this legislation with an opportunity to exercise the prin- State Senator in Hawai‘i’s 21st district and ciples of liberty and justice our nation was each and every year over the past ten years. for the last three, as Senate President. I am In December of 2009, CNHA strongly sup- founded upon—principles which our tribe has writing to express my full support for Con- been afforded—and support the passage of ported the substitute amendment passed by gressman Abercrombie’s proposed amend- the Senate Committee on Indian Affairs. In H.R. 2314. ment to the Native Hawaiian Government Sincerely, January 2010 the Office of Hawaiian Affairs Reorganization Act of 2009. and the Attorney General’s office requested JIM GRAY, Native Hawaiians are our host culture; Principal Chief. further review of the substitute amendment they are the indigenous people of Hawai‘i and jointly submitted thirty changes for and are what defines our state and makes Mr. ABERCROMBIE. Mr. Speaker, I consideration by the Hawaii delegation. Hawai‘i what it is today. Native Hawaiian yield myself such time as I may con- While the legislation is intended to express self-governance and self-determination is sume. the policy of the federal government as it ex- critical to the vitality of the Native commu- ists for Native peoples,, to Native Hawaiians, Mr. Speaker, the Hawaii State Attor- nity and to the character and fabric of the ney General argues that granting the we appreciate your deference and work to re- State of Hawai‘i. view and address the input by the state of Native Hawaiian governing entity in- Hawaii agencies. While I fully support the bill as passed by herent powers could have an adverse the Senate Committee on Indian Affairs in We support the substitute amendment to impact on Hawaii, and I think that is be brought before the full House of Rep- December 2009, I understand that the delega- resentatives and the Senate. This legislation tion has been working to address changes re- the thrust, essentially, of the critique is ten years in the making, and is presented quested by the Hawai‘i State Attorney Gen- that has been made about the legisla- to our Congress with tremendous inclusion eral and the state Office of Hawaiian Affairs. tion this afternoon and this early of a diverse constituency in Hawaii and na- I have reviewed Congressman Abercrombie’s evening. tionally. Thank you for your hard work to proposed amendment and am satisfied that it In response, Mr. Speaker, I would accomplish that which is not new in federal- addresses any legitimate changes that main- like to say to the Members, and to tain the purpose, integrity and spirit of the Native relations, the reaffirmation of Native yourself, of course, that the current Hawaiians as Native people to Hawaii, and reorganization process. the inclusion of Native Hawaiians in the fed- I have followed the issue of federal recogni- bill language gives the Native Hawai- eral policy of self-governance granted to tion for Native Hawaiians for ten years, and ian governing entity no powers that American Indians and Alaska Natives. I believe the proposed substitute amendment are currently exercised by other gov- Sincerely, expected to be heard before the full House of ernment entities until negotiated. This ROBIN PUANANI DANNER, Representatives is a strong and balanced would prevent the entity from pro- President and CEO. measure that creates a fair and meaningful viding general assistance to its mem- process for Native Hawaiians and for the bers or caring for a needy child, absent SOVEREIGN COUNCILS OF THE State of Hawai‘i. the amendment as a substitute. HAWAIIAN HOMELANDS ASSEMBLY, It is time to pass this measure for our The substitute amendment resolves Honolulu, HI, February 22, 2010. state, that we might reach for a future that Hon. Senator DANIEL INOUYE, does not repeat a difficult past. I’d like to this by acknowledging certain inherent U.S. Senate, Hart Senate Office Bldg., Wash- express my sincere thanks to each member powers of the governing entity upon ington, DC. of the Hawai‘i Congressional Delegation for recognition, the same inherent powers Hon. Senator DANIEL AKAKA, working tirelessly to advance federal rec- that other native governments possess U.S. Senate, Hart Senate Office Bldg., Wash- ognition for Native Hawaiians. The balanced today; no more, no less. This is not, ington, DC. measure that is currently before the House therefore, a radical notion. By defini- Hon. NEIL ABERCROMBIE, and the Senate speaks volumes about your tion, this is what Federal recognition House of Representatives, Longworth House Of- dedication to the State of Hawai‘i and Na- does: It acknowledges that an entity is fice Bldg., Washington, DC. tive Hawaiians, as well as your commitment to the notion of justice. a quasi-sovereign tribal government. Hon. MAZIE HIRONO, The acknowledged inherent powers of House of Representatives, Longworth House Of- Sincerely, fice Bldg., Washington, DC. COLLEEN HANABUSA, the entity are limited by language in HONORABLE MEMBERS: The Sovereign Coun- President, the amendment, in the substitute cils of the Hawaiian Homeland Assembly Hawai‘i State Senate. amendment that states, and I quote:

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Since some inherent powers are I yield back the balance of my time. Americans, but this does not mean tied to having such land, like certain The SPEAKER pro tempore. It is now that there must be a separate legal and regulatory authorities, the entity will in order to consider the amendments political status for them just as there not be able to exercise those powers. printed in part B of House Report 111– must not be a separate legal and polit- Finally, the negotiations process will 413. ical status for anyone else based on further modify the powers and author- PART B AMENDMENT NO. 1 OFFERED BY MR. their race and ancestry. It would be a ity of the governing entity by virtue of HASTINGS OF WASHINGTON grave mistake for Congress to impose the negotiation themselves. Mr. HASTINGS of Washington. Mr. this new separate government affecting Therefore, Mr. Speaker, I request Speaker, I have an amendment made in the citizens of Hawaii without their that those Members who have some order under the rule. consent, as H.R. 2314 proposes to do. trepidation about voting for the The SPEAKER pro tempore. The I must point out that even if my amendment in the nature of a sub- Clerk will designate the amendment. amendment is adopted, Mr. Speaker, it stitute reflect that we believe, those of The text of the amendment is as fol- will not relieve the serious concerns us who support it—and it was certainly lows: that many of my colleagues and con- my intention in offering the amend- Part B amendment No. 1 offered by Mr. stitutional experts outside of Congress ment to address those concerns in a HASTINGS of Washington: have with the underlying subject of Strike subparagraphs (A) and (B) of section positive way and in a legislatively via- 8(c)(8), and insert the following: this legislation, but what this amend- ble way. (A) the approval of the organic governing ment does do is that it puts the ques- I would ask at this time in closing, documents by a statewide popular vote in tion to the people this legislation af- Mr. Speaker, that those Members who which all registered voters in the State of fects most, the citizens of Hawaii. In come to the floor to vote tonight con- Hawaii are eligible to participate; 1959, as I said, 94-plus percent of Hawai- sider voting for it, and I earnestly so- (B) the approval of the organic governing ians voted for statehood. Today, Ha- licit the favorable attention of all documents by the Secretary under subpara- waiians should be afforded a statewide members in voting for the amendment graph (A) or (C) of paragraph (4); and vote on the question of creating a sepa- in the nature of a substitute. (C) the officers of the Native Hawaiian governing entity elected under paragraph (5) rate government based on race. I yield back the balance of my time. have been installed. With that, I reserve the balance of Mr. HASTINGS of Washington. Mr. The SPEAKER pro tempore. Pursu- my time. Speaker, I yield myself the balance of Mr. RAHALL. Mr. Speaker, I rise in ant to House Resolution 1083, the gen- my time. opposition to the amendment. tleman from Washington (Mr. Mr. Speaker, once again, I want to The SPEAKER pro tempore. The gen- HASTINGS) and a Member opposed each congratulate and commend my good tleman from West Virginia is recog- friend from Hawaii, because I know he will control 5 minutes. The Chair recognizes the gentleman nized for 5 minutes. has been working on this all the time Mr. RAHALL. Mr. Speaker, the from Washington. that he has been here and probably be- Mr. HASTINGS of Washington. Mr. Hastings amendment would require a fore. But I just fundamentally disagree Speaker, I yield myself 4 minutes. referendum by all the registered voters with the approaches taken with his Mr. Speaker, my amendment simply of Hawaii for approval of the Native substitute simply because, at least in requires a statewide vote of approval in Hawaiian governing entity’s organic the broadest sense, this is the only Hawaii before the Federal recognition governing documents. State that is affected by this legisla- is extended to the Native Hawaiian en- The Hastings amendment is incon- tion, the State of Hawaii. tity. sistent with State law as the State of Why should we push forward when The use of a statewide vote in Hawaii Hawaii has no mechanism for a state- the Governor of this State does not is not uncommon. For example, it has wide referendum, thereby forcing the agree with the substitute and when the been used to establish staggered terms State of Hawaii to change its laws to chief legal officer has some question, for the State Senate, to modify the comply with the Hastings amendment. apparently—in fact, it is not apparent, term length for the State Tax Commis- This raises the question of it being an it is pretty obvious—with some of the sion, to issue bonds for private schools, unfunded mandate on the State. remarks I think that my friend just and to establish residency require- The Abercrombie substitute proposes made as it relates to laws and regula- ments for candidates seeking higher of- to treat the Native Hawaiian governing tions to the State of Hawaii? fice. entity the same as other native govern- Since this legislation only affects My amendment merely proposes that ments. Neither the States nor non-na- one State, wouldn’t it be prudent for before Congress changes the civil tive citizens have the authority to ap- this body and representatives of the rights of all Hawaiians and establishes prove the organic governing documents other 49 States to suggest to the State a two-tiered government in Hawaii, one of other Native governments. So I op- of Hawaii and all their elected officials, of which is based on an individual’s an- pose the amendment. 1 Why don’t you come up with something cestry and race, a vote of all Hawaiians Mr. Speaker, I yield 1 ⁄2 minutes to that you can fundamentally agree on? should be held to approve these the gentlelady from Hawaii (Ms. But that has not been the case. It has changes. HIRONO). not been the case in the other body, The most important statewide vote Ms. HIRONO. Mr. Speaker, I rise in and, if this substitute passes, it will held in Hawaii occurred in 1959, when strong opposition to the Hastings not be the case in this body. And that 94.3 percent of Hawaiians voted in favor amendment, which is unnecessary and, disturbs me. That disturbs me that we of the Hawaiian Admissions Act in frankly, insulting to Native Hawaiians. completely apparently don’t want to joining the Union as one unified State. We can no longer treat Native Hawai- take into consideration their concerns When the outcome of the statewide ians as any less deserving of Federal on issues that affect the citizens of the vote was published, there was no foot- recognition than other indigenous peo- State of Hawaii. note indicating that Native Hawaiians ple. Citizens of one State don’t get to So it is for those reasons, Mr. Speak- would be separated from their neigh- approve or disapprove the laws of an- er, that I urge my colleagues to vote bors as a distinct political unit. other State or proposed amendments to against the Abercrombie substitute; another State’s constitution. This is because if the Abercrombie substitute b 1930 also true of native governments in the is defeated, we will now have a bill that In fact, there is ample testimony and United States. Citizens of States that the Governor of Hawaii can support. statements from public officials de- include Indian nations or tribes are not

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The idea that every- should be done that the Congress ex- prove the governing documents either one else in Hawaii should vote on presses that will for collectively all, on of the constitution or the laws of the whether they should be allowed to do behalf of our Federal Government. Navajo Nation. so is completely contrary to the intent So I do oppose the gentleman’s In like manner, under our Federal of this bill. amendment. statuary and constitutional frame- The Hastings amendment undercuts Mr. HASTINGS of Washington. Mr. work, the non-Indian citizens of Wash- a basic principle in our constitutional Speaker, I yield myself the balance of ington State do not have the right to principle of government, that citizens the time. approve the constitution or the laws of have a right to determine their own The SPEAKER pro tempore. The gen- the 28 Indian tribal governments in the 1 laws and be governed by those laws. It tleman is recognized for 1 ⁄2 minutes. State of Washington, nor do the citi- Mr. HASTINGS of Washington. Let would set a precedent that could have zens of any other State have the right, me just make reference to the 1959 negative consequences on other native under our Federal Constitution or Fed- vote. The vote was not whether you ac- and even State governments. eral laws, to approve the governing cept statehood—because if they had Put more bluntly, unless you believe documents, the constitutions, of the voted no, they could not have been a that citizens of other States should be native governments in their States if State—the question is whether they able to vote to approve or amend the they are not citizens of the native gov- wanted statehood. Over 94 percent said organic governing documents of your ernment. yes, they want statehood. So that is a own State, you should oppose the I would suggest to my colleagues little bit of semantics there, but it is Hastings amendment. I urge my col- that they vote down the Hastings very important. leagues to do so. This issue to me is equally as impor- amendment on the basis that it is an Mr. HASTINGS of Washington. Mr. tant because the vote there said we inherent conflict of interest. Speaker, I yield myself 11⁄2 minutes. want to become part of the United If the gentleman’s premise is that without re- Mr. Speaker, just in response, the States as a unified State. This action gard to citizenship in a sovereign government, State of Hawaii can and does hold that we are debating here today could any citizen of the United States should have a statewide votes during general elec- divide the State of Hawaii. They ought right to vote to approve the organic governing tions. Article 17 of the Hawaii Con- to have the opportunity to vote. So I documents of another sovereign government, stitution describes the process for hold- urge my colleagues to vote for the then every American would have a right to de- ing such votes, and it takes the action Hastings amendment. termine the laws of every State in the Union. of the legislature. This is consistent With that, I yield back the balance of The citizens of Vermont could vote to amend with Hawaii’s political culture. my time. the constitution of the State of California. The Since 1994, for example, the State of Mr. RAHALL. Mr. Speaker, I yield citizens of Utah could vote to legalize gaming Hawaii has considered 25 different the balance of my time to the gen- in another State, even though the laws of Utah statewide votes. They include a num- tleman from Hawaii (Mr. ABER- criminally prohibit all forms of gaming. ber of things, and I talked about that CROMBIE). This is counter to our constitutional family of in my opening remarks. But Mr. Mr. ABERCROMBIE. Mr. Speaker, governments in which each sovereign govern- Speaker, I am convinced that if we with all due respect to my good col- ment and its citizens has the right to deter- were to pass this bill, article 17 would league and friend, Mr. HASTINGS from mine its own laws and be governed by those come into play, because I believe in all Washington State, I have to oppose laws. likelihood, because of recent polling, this amendment because it has no I would suggest to my colleagues that to the legislature of Hawaii would say, precedent—or indeed any place I be- even take a step in this direction would create you know, we have the ability to put lieve in Federal law that has been in constitutional chaos in our Federal system as this to a vote; maybe we ought to do place for well over 150 years as that law well as in the laws which govern each State this since we are creating another gov- relates to Native governments. and each Native government. This is not one ernmental entity that has different Under our Constitution, the citizens of the fundamental principles on which this rules and regulations than the State of of the United States are the only citi- country was founded, nor does it have a place Hawaii. That seems self-evident to me. zens who are authorized and recognized in our constitutional system of governments. My amendment simply facilitates that as having a right to have a say in the The SPEAKER pro tempore. All time by saying that that should happen and laws which govern our Nation, be they for debate on the amendment has exit can happen under article 17 of the Federal statutes or amendments to our pired. Hawaiian Constitution. Constitution. In a similar manner, the The question is on the amendment by With that, I reserve the balance of citizens of one State in our Union do the gentleman from Washington (Mr. my time. not get to weigh in on the laws of an- HASTINGS) to the amendment in the na- Mr. RAHALL. Mr. Speaker, may I in- other State or any proposed amend- ture of a substitute offered by the gen- quire as to the time remaining? ments to another State’s constitution. tleman from Hawaii (Mr. ABER- The SPEAKER pro tempore. The gen- Put simply, they cannot vote for CROMBIE). tleman from West Virginia has 3 min- changes in the law of a State for which The question was taken; and the utes remaining. The gentleman from they are not citizens. It goes without Speaker pro tempore announced that Washington has 1 minute remaining. saying that foreign governments have the noes appeared to have it. Mr. RAHALL. I yield 1 minute to the no role to play in the formulation of Mr. HASTINGS of Washington. Mr. gentleman from American Samoa (Mr. the laws of the United States or the Speaker, on that I demand the yeas FALEOMAVAEGA). U.S. Constitution. and nays. Mr. FALEOMAVAEGA. I thank the All of these fundamental principles The yeas and nays were ordered. gentleman for yielding. have in their foundation the fact that The SPEAKER pro tempore. Pursu- I have the utmost respect for my each government is a separate sov- ant to section 2 of House Resolution good friend, Mr. HASTINGS, for pro- ereign, and only the citizens of that 1083, further proceedings on the amend- posing his amendment, but I do have sovereign government may determine ment offered by the gentleman from some very serious concerns about the what governmental powers and au- Washington will be postponed. amendment. In the first place, when we thorities that sovereign government PART B AMENDMENT NO. 2 OFFERED BY MR. talk about the event that took place in may exercise. It is no different for na- FLAKE 1959, it was a referendum of whether or tive governments in the United States. Mr. FLAKE. Mr. Speaker, I have an not the voters or the people of Hawaii The largest native government in the amendment at the desk that has been would accept statehood. What we are United States is the Navajo Nation. It made in order.

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APPLICATION OF 14TH AMENDMENT. question that it may not. And no less law and that its governing documents Nothing in the Act shall relieve a Native authority than the U.S. Commission on provide for the protection of the civil Hawaiian governing authority from com- Civil Rights has those worries. rights of the citizens of the Native Ha- plying with the equal protection clause of So what we are saying here is, why waiian governing authority or entity.’’ the 14th amendment to the United States not adopt language that says that it I would argue that we are talking ap- Constitution. simply complies, or no language in this ples and oranges here. What ICRA stip- The SPEAKER pro tempore. Pursu- legislation shall be contrary to the ulates is that civil rights are applied ant to House Resolution 1083, the gen- 14th Amendment? equally to those within the governing tleman from Arizona (Mr. FLAKE) and a With that, I reserve the balance of authority, and so it simply stipulates Member opposed each will control 5 my time. that those within the Native Hawaiian minutes. Mr. RAHALL. Mr. Speaker, I rise to governing act will comply with Federal The Chair recognizes the gentleman claim the time in opposition. law. In other words, there will be no from Arizona. The SPEAKER pro tempore. The gen- discrimination among them. It doesn’t Mr. FLAKE. This amendment, I tleman from West Virginia is recog- address the core question here that we would hope, would not be controver- nized for 5 minutes. are seeking to address. It doesn’t ad- sial. It has nothing to do with ear- Mr. RAHALL. Mr. Speaker, this dress whether or not there is a con- marks either, I’ll let everybody know. amendment proposes to require the Na- stitutional question about whether or But it would simply ensure that the tive Hawaiian governing authority to not individuals outside of the gov- equal protection clause, the 14th comply with the equal protection erning entity here might be discrimi- Amendment of the Constitution, ap- clause of the 14th Amendment. The nated against. plies to the Native Hawaiian governing Abercrombie substitute will correctly The SPEAKER pro tempore. The authority established by this legisla- treat the Native Hawaiian governing time of the gentleman has expired. tion. entity the same as any other Native Mr. FLAKE. I urge adoption of the I just want to say how much I admire American government is treated. amendment. the gentleman from Hawaii (Mr. ABER- Specifically, the Abercrombie sub- Mr. RAHALL. Mr. Speaker, I yield CROMBIE). I have worked with him for a stitute mandates that the Native Ha- the balance of my time to the gen- number of years on a number of issues waiian government’s organic governing tleman from Hawaii (Mr. ABER- and I know that he brings to this de- documents must provide for the protec- CROMBIE). bate a lot of hard work and a lot of tion of the civil rights of Native Hawai- Mr. ABERCROMBIE. I will take the care. I just want to commend him for ian citizens. It requires that the Native first few seconds of it, Mr. Speaker, be- that and for all that he does. Hawaiian government’s organic gov- cause I believe this will be the last dis- I think that this amendment simply erning documents must provide for the cussion of both the amendments and of clarifies, I would hope, that this does protection of the civil rights of all per- the bill prior to voting, to thank Mr. not violate any portion of the Con- sons affected by an exercise of Native FLAKE for his friendship over these stitution. Now, it has been said here Hawaiian governmental powers and au- years and to say to him that I admire many times by the proponents of the thorities. And the Abercrombie sub- his independent spirit; I admire his de- legislation that it does not, but there stitute subjects the Native Hawaiian votion to this House; I admire his are still a lot of questions out there. As governing entity to the Indian Civil steadfast sense of responsibility in the has been noted, the Governor of Hawaii Rights Act of 1968, which prohibits, various amendments that he offers. I and the Attorney General do not sup- among other things, a denial of the wish I could support it on the basis of port this substitute amendment to the equal protection of any person. that friendship and in my admiration bill, and they have repeatedly ex- There is no reason for this amend- for him. pressed concerns fearing that it would ment, and I would urge its defeat. Yet I would like to say in that con- apply different rules to those under I reserve the balance of my time. text—and I hope I am stating the pur- their jurisdiction. I think that if there pose of the amendment correctly—that 1945 is any question, that we ought to en- b Mr. FLAKE wants to require any native sure, at least at a minimum, that we Mr. FLAKE. I thank the gentleman. I governing entity to comply with the are complying with the 14th Amend- guess the gentleman is arguing that it Equal Protection Clause of the 14th ment. is simply redundant. Amendment of the United States Con- The 14th Amendment states, ‘‘All I would suggest that, if the Governor stitution. If I had to summarize it in a persons born or naturalized in the of the State of Hawaii and the Attor- sentence, that’s the way I would put it. United States, and subject to the juris- ney General of the State of Hawaii In the course of his remarks, he diction thereof, are citizens of the both have concerns about it and if the asked, Why not make sure? I think United States and of the State wherein U.S. Commission on Civil Rights rec- that’s a perfectly reasonable request, they reside. No State shall make or en- ommends against its passage for these but my contention would be, in asking force any law which shall abridge the very concerns, there is at least some that the amendment not be voted fa- privileges or immunities of citizens of question about whether or not it com- vorably upon, that precisely what he the United States; nor shall any State plies with the 14th Amendment. seeks to succeed in with his amend- deprive any person of life, liberty or So why not adopt this amendment? If ment is exactly what is in the bill, property without due process of law; we are saying straight out that this itself, which is in the amendment as a nor deny to any person within its juris- complies with the 14th Amendment, substitute. Mr. FLAKE’s amendment diction the equal protection of the why not simply adopt this amendment? then is duplicative of current Federal laws.’’ There is definitely a question out law. I should note that on August 28, 2009, there. If it were unanimous and if ev- Only after a thoughtful and delib- the United States Commission on Civil eryone were saying, Let’s pass this leg- erate process did Congress impose most Rights voiced its opposition in a letter islation as it is, as there is no constitu- of the provisions on the Bill of Rights to Members of the Congress stating, tional question, that would be one on tribes through the Indian Civil The Commission recommends against thing, but we certainly don’t have that Rights Act of 1968. The Equal Protec- passage of the Native Hawaiian Gov- today. tion and Due Process provisions of the ernment Reorganization Act, or any Let me just say that something was Bill of Rights were included verbatim other legislation that would discrimi- sent around to Members that was urg- in the Indian Civil Rights Act.

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The Indian Civil Rights Act specifi- Congressman FLAKE has personal ties to The vote was taken by electronic de- cally states, ‘‘No Indian tribe in exer- the State of Hawaii and I appreciate his inter- vice, and there were—yeas 163, nays cising the powers of self-government est in the underlying bill. However, his amend- 241, not voting 28, as follows: shall deny any person within its juris- ment duplicates existing legal guarantees in [Roll No. 56] diction the equal protection of its laws the Indian Civil Rights Act of 1968. YEAS—163 Contrary to what opponents of the bill have or deprive any person of liberty or Aderholt Gallegly Moran (KS) property without due process of law.’’ stated, everyone in Hawaii, Native Hawaiians Akin Garrett (NJ) Murphy, Tim In section 1302, Constitutional and non-Native Hawaiians, will continue to be Alexander Gerlach Myrick Rights, again quoting, ‘‘No Indian tribe citizens of the United States upon passage of Austria Gingrey (GA) Neugebauer in exercising powers of self-government the bill, and therefore, afforded all the protec- Bachmann Gohmert Nunes Bachus Goodlatte Olson shall: tions of the U.S. Constitution. Bartlett Granger Paul ‘‘No. 8: deny to any person within its The Abercrombie Substitute Amendment Barton (TX) Graves Paulsen jurisdiction the equal protection of its further clarifies that upon recognition by the Biggert Griffith Pence Bilbray Guthrie Petri laws or deprive any person of liberty or United States, the Native Hawaiian governing Bilirakis Hall (TX) Pitts entity would have no authority over nonmem- Bishop (UT) Harper property without due process of law.’’ Platts Blackburn Hastings (WA) The Flake amendment essentially bers, unless those nonmembers expressly Poe (TX) Boehner Heller Posey then ignores the provision of H.R. 2314, consented to the jurisdiction of the governing Bonner Hensarling as amended, should we pass the sub- entity. Boozman Herger Price (GA) stitute. Section 10 of the Substitute would make the Boustany Hunter Putnam The bill applies the Indian Civil governing entity adhere to the Indian Civil Brady (TX) Inglis Rehberg Bright Issa Roe (TN) Rights Act to the entity, the Native Rights Act, which guarantees protections for Broun (GA) Jenkins Rogers (AL) Hawaiian entity, and it requires the both members of the governing entity and Brown (SC) Johnson (IL) Rogers (KY) Secretary of the Interior to certify nonmembers alike. Brown-Waite, Johnson, Sam Rogers (MI) that the Native Hawaiian governing This bill provides for a careful balance of the Ginny Jordan (OH) Rohrabacher Buchanan King (IA) Rooney entity is in compliance with Federal interests of the federal government, the State Burgess King (NY) Roskam law and that its governing documents of Hawaii, and the Native Hawaiian governing Burton (IN) Kingston Royce provide for the protection of the civil entity. I urge my colleagues to oppose the Buyer Kirk Ryan (WI) rights of the citizens of the Native Ha- Flake Amendment. Calvert Kline (MN) Scalise The SPEAKER pro tempore. The Camp Lamborn Schmidt waiian governing entity as well. Campbell Lance Schock Thus, the Flake amendment, as I in- question is on the amendment offered Cantor Latham Sensenbrenner dicated, I believe, is a duplication, and by the gentleman from Arizona (Mr. Capito LaTourette Sessions FLAKE) to the amendment in the na- Carter Latta Shadegg would actually create a double stand- Cassidy Lee (NY) ture of a substitute offered by the gen- Shimkus ard for the Native Hawaiian governing Chaffetz Lewis (CA) Shuster BER Coble Linder entity, not treating them as other fed- tleman from Hawaii (Mr. A - Simpson Coffman (CO) LoBiondo CROMBIE). Smith (NE) erally recognized tribal governments Conaway Lucas The question was taken; and the Smith (NJ) are today. Crenshaw Luetkemeyer Smith (TX) Finally, I believe the amendment Speaker pro tempore announced that Davis (KY) Lummis Souder could be subject to broad interpreta- the noes appeared to have it. Deal (GA) Lungren, Daniel Dent E. Stearns tion, the scope of which is unclear. As Mr. FLAKE. Mr. Speaker, on that I Sullivan demand the yeas and nays. Diaz-Balart, L. Manzullo a result, litigation would likely flour- Diaz-Balart, M. Marchant Terry The yeas and nays were ordered. Thompson (PA) ish in the Federal courts, which might Dreier McCarthy (CA) The SPEAKER pro tempore. Pursu- Thornberry take years to resolve as the courts Duncan McCaul ant to section 2 of House Resolution Ehlers McClintock Tiahrt would have to examine the U.S. Con- Tiberi 1083, further proceedings on the amend- Emerson McCotter stitution, Federal law and numerous Fallin McHenry Upton ment offered by the gentleman from Federal court decisions upholding the Flake McKeon Walden Arizona will be postponed. Fleming McMorris Westmoreland current law, which already imposes the ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Forbes Rodgers Whitfield same equal protection guarantees on Wilson (SC) The SPEAKER pro tempore. Pursu- Fortenberry Mica tribes that Mr. FLAKE’s amendment Foxx Miller (FL) Wittman ant to section 2 of House Resolution seeks to impose. Franks (AZ) Miller (MI) Wolf 1083, proceedings will now resume on Frelinghuysen Miller, Gary Young (FL) Therefore, I ask, in the context of my the amendments printed in House Re- admiration and respect for Mr. FLAKE, NAYS—241 port 111–413 on which further pro- that his amendment, however, be de- Abercrombie Chandler Engel ceedings were postponed, in the fol- feated. Ackerman Childers Eshoo Adler (NJ) Chu Etheridge With that, Mr. Speaker, if I have lowing order: Amendment printed in part B by Mr. Altmire Clarke Farr time remaining, I would like to take Arcuri Clay Fattah HASTINGS of Washington; the occasion then to thank Mr. Baca Cleaver Filner Amendment printed in part B by Mr. Baird Clyburn Foster HASTINGS, Mr. FLAKE and all of those FLAKE of Arizona; Baldwin Cohen Frank (MA) on the Resources Committee—Repub- Amendment printed in part A by Mr. Barrow Cole Fudge Bean Connolly (VA) Garamendi lican and Democratic alike—who have ABERCROMBIE of Hawaii. been my colleagues and friends all Becerra Conyers Giffords Pursuant to clause 8 of rule XX, the Berkley Cooper Gonzalez these years. I think the Resources Chair will reduce to 5 minutes the time Berry Costa Grayson Committee is one of the most for any electronic vote after the first Bishop (GA) Courtney Green, Al unappreciated committees, unappreci- Bishop (NY) Crowley Green, Gene vote in this series. Blumenauer Cuellar Grijalva ated in the sense of comprehension by, PART B AMENDMENT NO. 1 OFFERED BY MR. Boccieri Cummings Gutierrez perhaps, even Members of Congress and HASTINGS OF WASHINGTON Boren Dahlkemper Hall (NY) by the public at large. No committee The SPEAKER pro tempore. The un- Boswell Davis (AL) Halvorson deals with as detailed and as difficult a Boucher Davis (CA) Hare finished business is the question on Boyd Davis (IL) Harman set of circumstances as the Resources adoption of the amendment printed in Brady (PA) Davis (TN) Hastings (FL) Committee does. My respect and admi- part B of House Report 111–413 by the Braley (IA) DeFazio Heinrich ration for all its members abides with gentleman from Washington (Mr. Brown, Corrine DeGette Herseth Sandlin Butterfield DeLauro Higgins me as I take leave of the House. HASTINGS) on which the yeas and nays Cao Dicks Hill Mr. Speaker, ‘‘aloha’’ to you. were ordered. Capps Doggett Himes ‘‘Aloha’’ to the House of Representa- The Clerk will redesignate the Capuano Donnelly (IN) Hinchey tives. ‘‘Aloha’’ to all Members here to- amendment. Cardoza Doyle Hirono Carnahan Driehaus Hodes night. The Clerk redesignated the amend- Carney Edwards (MD) Holden Ms. HIRONO. Mr. Speaker, I rise in strong ment. Carson (IN) Edwards (TX) Holt opposition to the amendment introduced by The SPEAKER pro tempore. The Castle Ellison Honda Congressman FLAKE. question is on the amendment. Castor (FL) Ellsworth Hoyer

VerDate Mar 15 2010 04:07 May 18, 2010 Jkt 089060 PO 00000 Frm 00078 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H23FE0.REC H23FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 23, 2010 CONGRESSIONAL RECORD — HOUSE H729 Inslee Michaud Schiff I would like to ask our colleagues to Upton Whitfield Wolf Israel Miller (NC) Schrader join in a moment of silence in memory Walden Wilson (SC) Wu Jackson (IL) Miller, George Schwartz Westmoreland Wittman Young (FL) Jackson Lee Minnick of Ethie Radanovich, and to extend, Scott (GA) NAYS—233 (TX) Mitchell Scott (VA) Mr. Speaker, our thoughts and prayers Johnson, E. B. Mollohan Serrano to GEORGE and their 11-year-old son, Abercrombie Gutierrez Neal (MA) Jones Moore (KS) Sestak King. Ackerman Hall (NY) Nye Kagen Moran (VA) Shea-Porter Altmire Hare Oberstar Kanjorski Murphy (CT) Sherman ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Baca Harman Obey Kaptur Murphy (NY) Baird Hastings (FL) Shuler Olver Kennedy Murphy, Patrick The SPEAKER pro tempore. Without Baldwin Heinrich Skelton Ortiz Kildee Nadler (NY) objection, 5-minute voting will con- Barrow Herseth Sandlin Slaughter Owens Kilpatrick (MI) Napolitano Becerra Higgins Pallone Smith (WA) tinue. Kilroy Neal (MA) Berkley Hill Pascrell Snyder There was no objection. Kind Nye Berry Hinchey Pastor (AZ) Space Kirkpatrick (AZ) Oberstar PART B AMENDMENT NO. 2 OFFERED BY MR. Bishop (GA) Hirono Paul Speier Kissell Obey FLAKE Bishop (NY) Hodes Perriello Spratt Klein (FL) Olver The SPEAKER pro tempore. The un- Blumenauer Holden Peters Kosmas Ortiz Stupak Boccieri Holt Peterson Kratovil Owens Sutton finished business is the question on Boren Honda Pingree (ME) Kucinich Pallone Tanner adoption of the amendment printed in Boswell Hoyer Pomeroy Langevin Pascrell Taylor part B of House Report 111–413 by the Boucher Inslee Price (NC) Larsen (WA) Pastor (AZ) Teague Boyd Israel gentleman from Arizona (Mr. FLAKE) Quigley Larson (CT) Perriello Thompson (CA) Brady (PA) Jackson (IL) Rahall Lee (CA) Peters Thompson (MS) on which the yeas and nays were or- Braley (IA) Jackson Lee Rangel Levin Peterson Tierney dered. Brown, Corrine (TX) Reyes Lewis (GA) Pingree (ME) Titus The Clerk will redesignate the Butterfield Johnson (GA) Richardson Lipinski Polis (CO) Tonko Cao Johnson, E. B. Rodriguez Loebsack Pomeroy Towns amendment. Capps Jones Ross Lofgren, Zoe Price (NC) Tsongas The Clerk redesignated the amend- Capuano Kagen Rothman (NJ) Luja´ n Quigley Van Hollen Cardoza Kanjorski Roybal-Allard Lynch Rahall ment. Vela´ zquez Carnahan Kaptur Ruppersberger Maffei Rangel The SPEAKER pro tempore. The Visclosky Carney Kennedy Rush Maloney Reyes Walz question is on the amendment. Carson (IN) Kildee Ryan (OH) Markey (MA) Rodriguez Castle Kilpatrick (MI) Wasserman This is a 5-minute vote. Salazar Marshall Ross Castor (FL) Kilroy Schultz Sa´ nchez, Linda Massa Rothman (NJ) The vote was taken by electronic de- Chandler Kind Waters T. Matheson Roybal-Allard vice, and there were—yeas 177, nays Childers Kirkpatrick (AZ) Watson Sanchez, Loretta Matsui Ruppersberger Chu Kissell 233, not voting 22, as follows: Sarbanes McCarthy (NY) Rush Watt Clarke Klein (FL) Schakowsky McCollum Ryan (OH) Waxman [Roll No. 57] Clay Kline (MN) Schauer McDermott Salazar Weiner Cleaver Kucinich YEAS—177 Schiff McGovern Sa´ nchez, Linda Welch Clyburn Langevin Schrader McIntyre T. Wilson (OH) Aderholt Foxx McKeon Cohen Larsen (WA) Schwartz McNerney Sanchez, Loretta Woolsey Adler (NJ) Franks (AZ) McMahon Cole Larson (CT) Scott (GA) Meek (FL) Sarbanes Wu Akin Frelinghuysen McMorris Connolly (VA) Lee (CA) Scott (VA) Meeks (NY) Schakowsky Yarmuth Alexander Gallegly Rodgers Conyers Levin Melancon Schauer Young (AK) Arcuri Garrett (NJ) Mica Cooper Lewis (GA) Serrano Austria Gerlach Miller (FL) Sestak NOT VOTING—28 Costa Lipinski Bachmann Giffords Miller (MI) Courtney Loebsack Sherman Andrews Hinojosa Radanovich Bachus Gingrey (GA) Miller, Gary Crowley Lofgren, Zoe Shuler Barrett (SC) Hoekstra Reichert Bartlett Gohmert Minnick Cuellar Lowey Skelton Barton (TX) Berman Johnson (GA) Richardson Goodlatte Moran (KS) Cummings Luja´ n Slaughter Bean Granger Myrick Snyder Blunt Lowey Ros-Lehtinen Dahlkemper Lynch Biggert Graves Neugebauer Space Bono Mack Mack Sires Davis (AL) Maffei Bilbray Griffith Nunes Speier Costello Markey (CO) Stark Davis (CA) Maloney Culberson McMahon Bilirakis Guthrie Olson Davis (IL) Markey (CO) Spratt Turner Bishop (UT) Hall (TX) Paulsen Stupak Delahunt Moore (WI) Wamp Davis (TN) Markey (MA) Dingell Payne Blackburn Halvorson Pence DeFazio Massa Sutton Gordon (TN) Perlmutter Boehner Harper Perlmutter DeGette Matheson Tanner Bonner Hastings (WA) Petri DeLauro Matsui Teague b 2017 Boozman Heller Pitts Dicks McCarthy (NY) Thompson (CA) Boustany Hensarling Platts Messrs. BOSWELL, BUTTERFIELD, Doggett McCollum Thompson (MS) Brady (TX) Herger Poe (TX) Donnelly (IN) McDermott Tierney DICKS, RANGEL, SCOTT of Georgia, Bright Himes Polis (CO) Doyle McGovern Titus KRATOVIL, WALZ, HEINRICH, CAR- Broun (GA) Hunter Posey Driehaus McIntyre Tonko SON of Indiana, WATT, Ms. SLAUGH- Brown (SC) Inglis Price (GA) Edwards (MD) McNerney Towns Brown-Waite, Issa Putnam TER, Mr. ARCURI, Ms. EDWARDS of Edwards (TX) Meek (FL) Tsongas Ginny Jenkins Rehberg Ellison Meeks (NY) Van Hollen Maryland, Ms. PINGREE of Maine, Buchanan Johnson (IL) Roe (TN) Ellsworth Melancon Vela´ zquez Messrs. HONDA, DOGGETT, McIN- Burgess Johnson, Sam Rogers (AL) Engel Michaud Visclosky Burton (IN) Jordan (OH) Rogers (KY) Eshoo Miller (NC) Walz TYRE, CLEAVER, PASTOR of Arizona, Buyer King (IA) Rogers (MI) and Ms. VELA´ ZQUEZ changed their Etheridge Miller, George Wasserman Calvert King (NY) Rohrabacher Farr Mitchell Schultz vote from ‘‘yea’’ to ‘‘nay.’’ Camp Kingston Rooney Fattah Mollohan Waters Messrs. ADERHOLT, SHUSTER, Campbell Kirk Roskam Filner Moore (KS) Watson Cantor Kosmas Royce Frank (MA) Moore (WI) Watt SOUDER, and KING of Iowa changed Capito Kratovil Ryan (WI) their vote from ‘‘nay’’ to ‘‘yea.’’ Fudge Moran (VA) Waxman Carter Lamborn Scalise Garamendi Murphy (CT) Weiner So the amendment was rejected. Cassidy Lance Schmidt Gonzalez Murphy (NY) Welch The result of the vote was announced Chaffetz Latham Schock Grayson Murphy, Patrick Wilson (OH) as above recorded. Coble LaTourette Sensenbrenner Green, Al Murphy, Tim Woolsey A motion to reconsider was laid on Coffman (CO) Latta Sessions Green, Gene Nadler (NY) Yarmuth Conaway Lee (NY) Shadegg Grijalva Napolitano Young (AK) the table. Crenshaw Lewis (CA) Shimkus (By unanimous consent, Mr. DREIER Davis (KY) Linder Shuster NOT VOTING—22 was allowed to speak out of order.) Deal (GA) LoBiondo Simpson Andrews Dingell Ros-Lehtinen Dent Lucas Smith (NE) Barrett (SC) Gordon (TN) Shea-Porter MOMENT OF SILENCE IN MEMORY OF ETHIE Diaz-Balart, L. Luetkemeyer Smith (NJ) Berman Hinojosa Sires RADANOVICH Diaz-Balart, M. Lummis Smith (TX) Blunt Hoekstra Stark Mr. DREIER. Mr. Speaker, I think all Dreier Lungren, Daniel Smith (WA) Bono Mack Mack Duncan E. Souder Turner of our colleagues are aware of the fact Costello Payne Wamp that a week-and-a-half ago, after a Ehlers Manzullo Stearns Culberson Radanovich Emerson Marchant Sullivan Delahunt Reichert more than 31⁄2-year battle against ovar- Fallin Marshall Taylor ian cancer, Ethie Radanovich, the wife Flake McCarthy (CA) Terry ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE of our California colleague, GEORGE, Fleming McCaul Thompson (PA) The SPEAKER pro tempore (during Forbes McClintock Thornberry tragically passed away. She was a won- Fortenberry McCotter Tiahrt the vote). Members have 2 minutes re- derful, wonderful human being. Foster McHenry Tiberi maining to cast their votes.

VerDate Mar 15 2010 04:07 May 18, 2010 Jkt 089060 PO 00000 Frm 00079 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H23FE0.REC H23FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H730 CONGRESSIONAL RECORD — HOUSE February 23, 2010 b 2027 Ross Shea-Porter Towns A motion to reconsider was laid on Rothman (NJ) Sherman Tsongas the table. So the amendment was rejected. Roybal-Allard Shuler Van Hollen The result of the vote was announced Ruppersberger Skelton Vela´ zquez The SPEAKER pro tempore. Pursu- Rush Slaughter as above recorded. Visclosky ant to House Resolution 1083, the pre- Ryan (OH) Smith (WA) Walz vious question is ordered. A motion to reconsider was laid on Salazar Snyder Waters ´ The question is on the engrossment the table. Sanchez, Linda Space Watson T. Speier Watt and third reading of the bill. PART A AMENDMENT IN THE NATURE OF A Sanchez, Loretta Spratt Waxman The bill was ordered to be engrossed SUBSTITUTE OFFERED BY MR. ABERCROMBIE Sarbanes Stupak Weiner and read a third time, and was read the The SPEAKER pro tempore. The Schakowsky Sutton Schauer Tanner Welch third time. question is on the amendment in the Schiff Taylor Whitfield The SPEAKER pro tempore. The nature of a substitute by the gen- Schrader Teague Wilson (OH) Woolsey question is on the passage of the bill. tleman from Hawaii (Mr. ABER- Schwartz Thompson (CA) Scott (GA) Thompson (MS) Wu The question was taken; and the CROMBIE). Scott (VA) Tierney Yarmuth Speaker pro tempore announced that The question was taken; and the Serrano Titus Young (AK) the ayes appeared to have it. Speaker pro tempore announced that Sestak Tonko Mr. HASTINGS of Washington. Mr. the ayes appeared to have it. NAYS—164 Speaker, on that I demand the yeas Mr. HASTINGS of Washington. Mr. Aderholt Gallegly Mica and nays. Speaker, on that I demand the yeas Akin Garrett (NJ) Miller (FL) The yeas and nays were ordered. and nays. Alexander Gerlach Miller (MI) Austria Gingrey (GA) Miller, Gary The SPEAKER pro tempore. This The yeas and nays were ordered. Bachmann Gohmert Myrick will be a 5-minute vote. The SPEAKER pro tempore. This is a Bachus Goodlatte Neugebauer The vote was taken by electronic de- 5-minute vote. Bartlett Granger Nunes vice, and there were—yeas 245, nays The vote was taken by electronic de- Barton (TX) Graves Olson Biggert Griffith Paul 164, not voting 23, as follows: vice, and there were—yeas 245, nays Bilbray Guthrie Paulsen [Roll No. 59] 164, not voting 23, as follows: Bilirakis Hall (TX) Pence Bishop (UT) Harper YEAS—245 [Roll No. 58] Petri Blackburn Hastings (WA) Pitts Abercrombie Ehlers Lofgren, Zoe YEAS—245 Boehner Heller Platts Ackerman Ellison Lowey Bonner Hensarling Adler (NJ) Ellsworth Luja´ n Abercrombie Edwards (MD) Levin Poe (TX) Boozman Herger Altmire Engel Lynch Ackerman Edwards (TX) Lewis (GA) Posey Boustany Himes Arcuri Eshoo Maffei Adler (NJ) Ehlers Lipinski Price (GA) Brady (TX) Hunter Baca Etheridge Maloney Altmire Ellison Loebsack Putnam Bright Inglis Baird Farr Markey (CO) Arcuri Ellsworth Lofgren, Zoe Rehberg Broun (GA) Issa Baldwin Fattah Markey (MA) Baca Engel Lowey Roe (TN) Brown (SC) Jenkins Barrow Filner Marshall Baird Eshoo Luja´ n Rogers (AL) Brown-Waite, Johnson (IL) Bean Foster Massa Baldwin Etheridge Lynch Rogers (KY) Ginny Johnson, Sam Becerra Frank (MA) Matheson Barrow Farr Maffei Rogers (MI) Buchanan Jones Berkley Fudge Matsui Bean Fattah Maloney Rohrabacher Burgess Jordan (OH) Berry Garamendi McCarthy (NY) Becerra Filner Markey (CO) Rooney Burton (IN) King (IA) Bishop (GA) Gonzalez McCollum Berkley Foster Markey (MA) Roskam Buyer King (NY) Bishop (NY) Grayson McDermott Berry Frank (MA) Massa Royce Calvert Kingston Blumenauer Green, Al McGovern Bishop (GA) Fudge Matheson Ryan (WI) Camp Kirk Boccieri Green, Gene McIntyre Bishop (NY) Garamendi Matsui Scalise Campbell Kline (MN) Boren Grijalva McNerney Blumenauer Giffords McCarthy (NY) Cantor Lamborn Schmidt Boswell Gutierrez Meek (FL) Boccieri Gonzalez McCollum Capito Lance Schock Boucher Hall (NY) Meeks (NY) Boren Grayson McDermott Carter Latham Sensenbrenner Boyd Halvorson Melancon Boswell Green, Al McGovern Cassidy LaTourette Sessions Brady (PA) Hare Michaud Boucher Green, Gene McIntyre Castle Latta Shadegg Braley (IA) Harman Miller, George Boyd Grijalva McNerney Chaffetz Lee (NY) Shimkus Brown, Corrine Hastings (FL) Minnick Brady (PA) Gutierrez Meek (FL) Coble Lewis (CA) Shuster Butterfield Heinrich Mitchell Braley (IA) Hall (NY) Meeks (NY) Coffman (CO) Linder Simpson Cao Herseth Sandlin Mollohan Brown, Corrine Halvorson Melancon Conaway LoBiondo Smith (NE) Capps Higgins Moore (KS) Butterfield Hare Michaud Crenshaw Lucas Smith (NJ) Capuano Hill Moore (WI) Cao Harman Miller (NC) Davis (KY) Luetkemeyer Smith (TX) Cardoza Hinchey Moran (VA) Capps Hastings (FL) Miller, George Deal (GA) Lummis Souder Carnahan Hirono Murphy (CT) Capuano Heinrich Minnick Dent Lungren, Daniel Stearns Carney Hodes Murphy (NY) Cardoza Herseth Sandlin Mitchell Diaz-Balart, L. E. Sullivan Carson (IN) Holden Murphy, Patrick Carnahan Higgins Mollohan Diaz-Balart, M. Manzullo Terry Castor (FL) Holt Murphy, Tim Carney Hill Moore (KS) Dreier Marchant Thompson (PA) Chandler Honda Nadler (NY) Carson (IN) Hinchey Moore (WI) Duncan Marshall Thornberry Childers Hoyer Napolitano Castor (FL) Hirono Moran (VA) Emerson McCarthy (CA) Tiahrt Chu Inslee Neal (MA) Chandler Hodes Murphy (CT) Fallin McCaul Tiberi Clarke Israel Nye Childers Holden Murphy (NY) Flake McClintock Upton Clay Jackson (IL) Oberstar Chu Holt Murphy, Patrick Fleming McCotter Walden Cleaver Jackson Lee Obey Clarke Honda Murphy, Tim Forbes McHenry Westmoreland Clyburn (TX) Olver Clay Hoyer Nadler (NY) Fortenberry McKeon Wilson (SC) Cohen Johnson (GA) Ortiz Cleaver Inslee Napolitano Foxx McMahon Wittman Cole Johnson, E. B. Owens Clyburn Israel Neal (MA) Franks (AZ) McMorris Wolf Connolly (VA) Jones Pallone Cohen Jackson (IL) Nye Frelinghuysen Rodgers Young (FL) Conyers Kagen Pascrell Cole Jackson Lee Oberstar Cooper Kanjorski Pastor (AZ) Connolly (VA) (TX) Obey NOT VOTING—23 Costa Kaptur Perlmutter Conyers Johnson (GA) Olver Andrews Dingell Reichert Courtney Kennedy Perriello Cooper Johnson, E. B. Ortiz Barrett (SC) Gordon (TN) Ros-Lehtinen Crowley Kildee Peters Costa Kagen Owens Berman Hinojosa Sires Cuellar Kilpatrick (MI) Peterson Courtney Kanjorski Pallone Blunt Hoekstra Stark Cummings Kilroy Pingree (ME) Crowley Kaptur Pascrell Bono Mack Mack Turner Dahlkemper Kind Polis (CO) Cuellar Kennedy Pastor (AZ) Costello Moran (KS) Wamp Davis (AL) Kirkpatrick (AZ) Pomeroy Cummings Kildee Perlmutter Culberson Payne Wasserman Davis (CA) Kissell Price (NC) Dahlkemper Kilpatrick (MI) Perriello Delahunt Radanovich Schultz Davis (IL) Klein (FL) Quigley Davis (AL) Kilroy Peters Davis (TN) Kosmas Rahall Davis (CA) Kind Peterson ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE DeFazio Kratovil Rangel Davis (IL) Kirkpatrick (AZ) Pingree (ME) The SPEAKER pro tempore (during DeGette Kucinich Reyes Davis (TN) Kissell Polis (CO) DeLauro Langevin Richardson DeFazio Klein (FL) Pomeroy the vote). Members have 2 minutes re- Dicks Larsen (WA) Rodriguez DeGette Kosmas Price (NC) maining. Doggett Larson (CT) Ross DeLauro Kratovil Quigley Donnelly (IN) Lee (CA) Rothman (NJ) Dicks Kucinich Rahall b 2034 Doyle Levin Roybal-Allard Doggett Langevin Rangel So the amendment was agreed to. Driehaus Lewis (GA) Ruppersberger Donnelly (IN) Larsen (WA) Reyes Edwards (MD) Lipinski Rush Doyle Larson (CT) Richardson The result of the vote was announced Edwards (TX) Loebsack Ryan (OH) Driehaus Lee (CA) Rodriguez as above recorded.

VerDate Mar 15 2010 04:07 May 18, 2010 Jkt 089060 PO 00000 Frm 00080 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H23FE0.REC H23FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 23, 2010 CONGRESSIONAL RECORD — HOUSE H731 Salazar Slaughter Van Hollen WHEN WILL CONGRESS TAKE A REAUTHORIZE SURFACE Sa´ nchez, Linda Smith (WA) Vela´ zquez STAND ON GUN CONTROL? TRANSPORTATION BILL T. Snyder Visclosky Sanchez, Loretta Space Walz (Mr. QUIGLEY asked and was given (Mr. THOMPSON of Pennsylvania Sarbanes Speier Wasserman permission to address the House for 1 asked and was given permission to ad- Schakowsky Spratt Schultz minute.) Schauer Stupak Waters dress the House for 1 minute and to re- Schiff Sutton Watson Mr. QUIGLEY. Mr. Speaker, today I vise and extend his remarks.) Schrader Tanner Watt had the honor of speaking with Chicago Mr. THOMPSON of Pennsylvania. Schwartz Taylor Waxman Firefighter Annette Nance-Holt and Mr. Speaker, I rise today as a result of Scott (GA) Teague Weiner Chicago Police Officer Ronald Holt. Scott (VA) Thompson (CA) Welch the Senate invoking cloture on what is On May 10, 2007, their 16-year-old son Serrano Thompson (MS) Wilson (OH) being called a jobs bill. I believe we Blair was shot and killed when a gang Sestak Tierney Woolsey should be calling this bill what it real- Shea-Porter Titus Wu member opened fire on a crowded city ly is. It’s a cash infusion to keep the Sherman Tonko Yarmuth bus. Blair jumped in front of another highway trust fund solvent. Shuler Towns Young (AK) student to shield her. Skelton Tsongas When the child of two public servants Mr. Speaker, the Senate majority NAYS—164 gives his life to save another child from leader has said that a full reauthoriza- tion of surface transportation will be Aderholt Garrett (NJ) Miller (MI) the scourge of gun violence, I have to Akin Gerlach Miller, Gary ask, What are we prepared to do for on the table by the end of the year. I Alexander Giffords Moran (KS) these kids? ask, why not now? I ask, why not last Austria Gingrey (GA) Myrick Over 500 Chicago public school stu- February when we were debating the Bachmann Gohmert Neugebauer stimulus bill? Of the total stimulus Bachus Goodlatte Nunes dents were involved in gun incidents Bartlett Granger Olson over the last 2 years. That is two stu- spending in 2009, only 4 percent went to Barton (TX) Graves Paul dents for every Member of this House roads and bridges. Biggert Griffith Paulsen who signed a brief urging the Supreme And while it is widely acknowledged Bilbray Guthrie Pence Court to put even more guns in Chi- Bilirakis Hall (TX) Petri that government spending does not end Blackburn Harper Pitts cago’s streets and schools. recessions, the money that has been Boehner Hastings (WA) Platts This Congress has allowed unlicensed otherwise squandered on portions of Bonner Heller Poe (TX) gun dealers to sell guns at gun shows the stimulus that have been highly Boozman Hensarling Posey to people on terrorist watch lists and contested could have been used to pro- Boustany Herger Price (GA) Brady (TX) Himes Putnam refuses to reauthorize the assault mote maintaining or expanding our in- Bright Hunter Rehberg weapon ban. Congress has failed to hold frastructure. In turn, this would lead Broun (GA) Inglis Roe (TN) the middle ground on guns. to safety enhancement, and above all, a Brown (SC) Issa Rogers (AL) Blair Holt was willing to take a bul- more productive country. Brown-Waite, Jenkins Rogers (KY) Ginny Johnson (IL) Rogers (MI) let to protect a stranger. Is it too much The American people deserve some Buchanan Johnson, Sam Rohrabacher to ask this House to take a tough vote Burgess Jordan (OH) certainty—whether it’s looming health Rooney to protect our kids? care mandates, cap-and-trade legisla- Burton (IN) King (IA) Roskam Buyer King (NY) Royce f tion, or planners just wondering if the Calvert Kingston Ryan (WI) highway dollars are going to be there. Camp Kirk Scalise HEALTH CARE REFORM Campbell Kline (MN) If we want real stimulus, Congress Schmidt Cantor Lamborn (Mr. CASSIDY asked and was given Schock will do its work and reauthorize sur- Capito Lance permission to address the House for 1 Sensenbrenner face transportation legislation imme- Carter Latham Sessions minute.) Cassidy LaTourette diately. Shadegg Castle Latta Mr. CASSIDY. Mr. Speaker, I am a Shimkus Chaffetz Lee (NY) physician. I still see uninsured patients f Coble Lewis (CA) Shuster at the public hospital where I’ve Simpson Coffman (CO) Linder worked for 20 years. Now, to give unin- Conaway LoBiondo Smith (NE) NETWORKS BOOST SO-CALLED Smith (NJ) sured patients access to private health Crenshaw Lucas STIMULUS Davis (KY) Luetkemeyer Smith (TX) care, we’ve got to lower costs. But low- Souder Deal (GA) Lummis ering health costs is more than just ac- (Mr. SMITH of Texas asked and was Dent Lungren, Daniel Stearns cess; it’s also about a stronger econ- Diaz-Balart, L. E. Sullivan given permission to address the House Diaz-Balart, M. Manzullo Terry omy. for 1 minute and to revise and extend Dreier Marchant Thompson (PA) According to the White House Coun- his remarks.) Duncan McCarthy (CA) Thornberry cil on Economic Advisers, they had a Tiahrt Mr. SMITH of Texas. Mr. Speaker, Emerson McCaul study that explained that lowering Fallin McClintock Tiberi network news coverage of the adminis- health care costs lowers unemploy- Flake McCotter Upton tration’s so-called stimulus package Fleming McHenry Walden ment, raises the standard of living, and has been overwhelmingly one-sided, ac- Forbes McKeon Westmoreland prevents disastrous budgetary con- Whitfield cording to a recent analysis by the Fortenberry McMahon sequences. Unfortunately, neither the Foxx McMorris Wilson (SC) Business and Media Institute. Since House nor Senate bill lowers costs. The Franks (AZ) Rodgers Wittman the President signed it into law a year Frelinghuysen Mica Wolf Congressional Budget Office says that ago, ABC, CBS, and NBC have featured Gallegly Miller (FL) Young (FL) each will more than double costs over supporters of the stimulus over those the next decade. NOT VOTING—23 who oppose it by a margin of 2 to 1. In- Yesterday, the President released a credibly, about half of the network Andrews Delahunt Radanovich new proposal combining the House and Barrett (SC) Dingell Reichert news reports have shown no opposing the Senate bill. But combining two Berman Gordon (TN) Ros-Lehtinen opinions about the stimulus bill. Bishop (UT) Hinojosa Sires bills that don’t lower costs results in a Blunt Hoekstra Stark third bill which certainly doesn’t lower Americans are not buying the me- Bono Mack Mack Turner costs. If you don’t lower costs, access dia’s spin. Three out of four say the Costello Miller (NC) Wamp Culberson Payne and quality suffer, our economy suf- stimulus money has been wasted, and fers, people lose their jobs. only 6 percent think it has created jobs, according to a CBS/New York b 2051 The American people—Republicans, Democrats, and Independents—want Times poll. In fact, 3.3 million jobs So the bill was passed. health care reform but they want re- have been lost since the stimulus was signed. The result of the vote was announced form which controls costs in reality, as above recorded. not just in rhetoric. They know that The national media should give their health care, economy, and jobs Americans the facts about jobs; not A motion to reconsider was laid on depend upon it. tell them what to think. the table.

VerDate Mar 15 2010 04:07 May 18, 2010 Jkt 089060 PO 00000 Frm 00081 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H23FE0.REC H23FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H732 CONGRESSIONAL RECORD — HOUSE February 23, 2010 THE STIMULUS IS WORKING SEALs who selflessly dedicated them- comes up with the solutions, but they (Mr. GARAMENDI asked and was selves to serving our country and gave deserve and need resolution to these given permission to address the House the ultimate sacrifice. economic problems that we are facing for 1 minute.) Stone was a member of the United right now. What our constituents on Mr. GARAMENDI. Mr. Speaker, if States Navy SEAL Team Two, Little both sides of the aisle deserve is vision: Americans are believing that the stim- Creek Amphibious Base, where he was vision of the future, vision of a new ulus isn’t working, then the media a lead communications instructor for economy. must be telling them that. So I am the team. His superior skill with com- Back in Ohio’s 18th Congressional kind of curious about the previous ar- munications and equipment earned him District, Mr. Speaker, things are espe- gument. a job instructing new SEALs, and his cially difficult. It is the area known as The facts are that the stimulus in my athletic prowess earned him the title of Appalachian Ohio, consisting of 16 of district in California is in fact work- Outstanding Athlete in his unit. the poorest counties in the State of ing, and without it, there would be Maestas served 5 years in the Navy Ohio with the highest unemployment even more layoffs. It’s not that this before becoming a Navy SEAL in 2000. rates, the highest poverty rates. And whole thing started in January of 2009. As a SEAL, he participated in combat with those high poverty rates come the The Great Recession started the pre- missions in Kosovo, including deploy- manifestations of poverty, including vious 2 years, so we’ve been trying to ments in support of Task Force Falcon, hunger, homelessness, the breakdown catch up. Kosovo, from which he earned the Navy of the traditional family unit, a lack of The stimulus is actually working. Commendation Medal, the National access to health care, a lack of access Thousands of teachers are working in Defense Service Medal, the Good Con- to education. The list goes on and on. California as a result of the stimulus. duct Medal, and a Flag Letter of Com- mendation. What I have been attempting to do in Thousands of jobs have been created. southeastern Ohio and what I urge my And in my own district, schools are We are honoring these fallen SEALs during a memorial and building dedica- colleagues to consider doing around the being repaired and major transpor- country is to look forward to a future tation projects are going forward. tion for the Naval Special Warfare facilities at Fort Chaffee, Arkansas, Sat- of economic prosperity, one where we So I know in my district that the know that things will be better. stimulus is working regardless of what urday, February 27, 2010. the media may be saying. It is work- Stone and Maestas devoted their For example, in the area of energy, I ing. Without it, there would be even lives to our country. They are truly have organized an effort called Renew greater layoffs. American heroes who will be remem- Ohio that is designed to focus on the bered for their service and sacrifice. jobs of the future. One of those fields f f that we know is an emerging sector is b 2100 the field of energy. Not only will devel- SPECIAL ORDERS FRITZ CUBIN opments in technology and invest- The SPEAKER pro tempore (Mr. ments in energy sectors ultimately (Mrs. LUMMIS asked and was given PERRIELLO). Under the Speaker’s an- bring down the cost of energy, ridding permission to address the House for 1 nounced policy of January 6, 2009, and ourselves of this dangerous and can- minute.) under a previous order of the House, cerous dependence on foreign oil, it Mrs. LUMMIS. Mr. Speaker, I rise the following Members will be recog- will also create millions of jobs. It is today in memory of my friend, Dr. nized for 5 minutes each. obvious and it is promising. Frederick ‘‘Fritz’’ Cubin, husband of former Wyoming Congresswoman Bar- f Another sector, health care. Because bara Cubin who served the Cowboy The SPEAKER pro tempore. Under a of the aging nature of our society, we State for 14 years in this U.S. House. previous order of the House, the gen- know that there will be future pros- After a lengthy illness, Fritz passed tleman from Kansas (Mr. MORAN) is pects for employment in the field of away this past Monday. Our condo- recognized for 5 minutes. health care. lences go out to Barbara, sons Bill and (Mr. MORAN of Kansas addressed the Another sector, technology. By Eric, and their family and friends. House. His remarks will appear here- bringing broadband, for example, to Fritz had many passions: his family after in the Extensions of Remarks.) unserved and underserved areas of always first, hunting and politics tak- f America, we are going to be advancing ing the silver and bronze. The SPEAKER pro tempore. Under a opportunities for economic growth and Dr. Cubin served his country in the previous order of the House, the gen- bridging the divide that exists right United States Air Force. He served his tleman from Maryland (Mr. CUMMINGS) now in rural America when it comes to family as a confidante to his wife, a de- is recognized for 5 minutes. access to health care and education. voted father to his sons. A family doc- (Mr. CUMMINGS addressed the And, finally, agriculture. Agricul- tor for many, he also served his com- House. His remarks will appear here- tural jobs of tomorrow are quite dif- munity, making his appointed rounds after in the Extensions of Remarks.) ferent from the ones we know of today to Casper’s retirement homes to the f and the jobs of yesterday. It is a field very end. that shows promise when it comes to Fritz Cubin was a fierce patriot, with MEMBERS HAVE AN OBLIGATION TO DEAL WITH OUR ECONOMY trade, a field that shows promise with apologies to no one. He will be missed. its relationship to energy, and one f The SPEAKER pro tempore. Under a that, if we position ourselves correctly previous order of the House, the gen- in, will create jobs for tomorrow. HONORING PETTY OFFICER SEC- tleman from Ohio (Mr. SPACE) is recog- OND CLASS LARRY ALLEN nized for 5 minutes. This crisis that we are dealing with STONE AND PETTY OFFICER Mr. SPACE. Mr. Speaker, I rise today in this country, which has become very SECOND CLASS MARIO MAESTAS to discuss our economy. I do not rise, personal to every American, is one that FOR THEIR SERVICE however, to cast blame, engage in po- we must address without regard to par- (Mr. BOOZMAN asked and was given litical posturing, or cast aspersions tisan politics. Our constituents clearly permission to address the House for 1 against my colleagues on the other side are ahead of Congress on that issue. minute and to revise and extend his re- of the aisle. I rise to speak to what I They don’t want blame. They don’t marks.) believe all of us who have been blessed want aspersions. They don’t want ex- Mr. BOOZMAN. Mr. Speaker, I rise with the right of representation for our cuses. They want answers and they today to honor the distinguished ca- constituents have an obligation to do; want vision and they want leadership. reers of Navy SEALs Petty Officer Sec- that is, to deal with our economy. I urge Members on both sides of the ond Class Larry Allen Stone and Petty Our constituents don’t really care aisle in this hallowed Hall to work to- Officer Second Class Mario Maestas. how we got here; they don’t care who is gether to find consensus and to move These officers were accomplished to blame; they, frankly, don’t care who forward for a brighter tomorrow.

VerDate Mar 15 2010 04:07 May 18, 2010 Jkt 089060 PO 00000 Frm 00082 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H23FE0.REC H23FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 23, 2010 CONGRESSIONAL RECORD — HOUSE H733 CONCERN AFTER IRAN Bibi Netanyahu is going to be here called and asked General Regner, is ‘‘WARHEAD’’ REPORT before too long speaking here in the there any way we can expedite the re- The SPEAKER pro tempore. Under a United States. I hope that the Presi- tirement of Lex? And he said we will do previous order of the House, the gen- dent will reach out to him and say, We our best to make this happen. tleman from Indiana (Mr. BURTON) is are going to give you all the tools nec- Well, these dogs that are trained recognized for 5 minutes. essary to be able to stop the nuclear work magnificently for this country. In Mr. BURTON of Indiana. Mr. Speak- risk that Iran poses over there if we fact, they give their lives many times er, one of the biggest problems facing have to do it. The United States and to save a service person by seeking out the Middle East and the entire world is President Obama should work with Mr. these IEDs and other explosives. Well, the nuclear development program that Netanyahu to make sure that we get it took about 3 weeks—that is not a Iran is involved in right now. that job done. We certainly don’t need whole lot of time, it really is not, but The International Atomic Energy a terrorist state like Iran developing a I think in the situation of these dogs, Agency in just the last few days has nuclear weapons program with a deliv- when the handler is killed for this said that Iran is probably developing a ery system that could deliver a nuclear country or seriously wounded, that we nuclear warhead that they could use at warhead. should be able to expedite this small some point in the future as their nu- gift to the family. clear development program continues f The SPEAKER pro tempore. Under a I will say to my colleagues, I am to expand. They have 3,000 or 4,000 cen- going to send a ‘‘Dear Colleague’’ trifuges over there refining weapons- previous order of the House, the gentlewoman from California (Ms. WOOLSEY) around in the next few days that the grade nuclear material right now. Department of Defense has worked The reason this is important is be- is recognized for 5 minutes. (Ms. WOOLSEY addressed the House. with us on. They support this legisla- cause it not only affects the United tion, so I hope that my colleagues will States and our capability to provide Her remarks will appear hereafter in join me, and let’s move this legislation energy for this country that will be the Extensions of Remarks.) through the House I hope expedi- very important for our economy down f tiously. the road, but our biggest ally and The SPEAKER pro tempore. Under a friend in the entire Middle East is Mr. Speaker, this is a photograph previous order of the House, the gen- taken by the family. When they got Israel, and Israel right now does not tleman from Texas (Mr. POE) is recog- yet have the capability to hit a major Lex home, they let Lex remember nized for 5 minutes. Dustin by having his clothes and his underground nuclear development site (Mr. POE of Texas addressed the that may be developing a nuclear war- boots that had been returned from House. His remarks will appear here- Iraq, and they let Lex remember the head that could destroy Tel-Aviv, could after in the Extensions of Remarks.) destroy much of Israel and kill mil- fragrance of their son. Then they took lions of Israelis who are friends of ours f Lex to the cemetery—this is a rather large cemetery—and they said to Lex, and great allies. b 2115 It is extremely important that this Find Dustin, find Dustin. And the dog administration do everything they can CORPORAL DUSTIN LEE ran around the cemetery and then to support the Government of Israel in MEMORIAL ACT came up to the headstone. This is the headstone. It is a picture of their son order to make sure that they have the The SPEAKER pro tempore. Under a Dustin with Lex. Dustin is kneeling capability and the ability to stop Iran’s previous order of the House, the gen- and Lex is sitting there beside him. nuclear development program when it tleman from North Carolina (Mr. starts to imperil and jeopardize the en- Lex came up to this headstone and laid JONES) is recognized for 5 minutes. down beside the headstone. tire Middle East. Mr. JONES. Mr. Speaker, I have in- Our energy sources that come from troduced H.R. 4631. The text is ‘‘to au- So with that, Mr. Speaker, I will ask there, maybe 35 percent of our entire thorize the adoption of a military my colleagues, please join us in H.R. energy is dependent on the Middle working dog by the family of a de- 4639. This is the least we can do for the East. If we have a conflagration over family or the wounded individual. there, it is really going to hurt us, but ceased or seriously wounded member of the Armed Forces who was the handler Mr. Speaker, as I always do, I ask it will hurt our great ally Israel even God to please bless our men and women more. That is why we need to tell of the dog.’’ This act may be cited as the ‘‘Corporal Dustin Lee Memorial in uniform. I ask God to please bless Prime Minister Benjamin Netanyahu the families of our men and women in that we support him, and we are going Act.’’ Mr. Speaker, 2 years ago, it was uniform. I ask God, in His loving arms, to give him the material and the equip- to hold the families—like the Lee fam- ment necessary to deal with Iran brought to my attention that a family in Mississippi, Rachel and Jerome Lee, ily—who gave a child dying for freedom should they continue down this path, in Afghanistan and Iraq. And Mr. and that means the bunker busting their son, Dustin, a marine, was killed in Iraq for this Nation. Also with Speaker, I will ask three times from bombs that will be able to go down 50, the bottom of my heart: God please, 75, 100 feet underground or maybe 150 Dustin was his dog, Lex, who was wounded. In fact, the Marine Corps God please, God please continue to feet into a mountainside to knock out bless America. a nuclear development program if it brought the dog, Lex, to Dustin’s funeral. imperils the existence of Israel or f threatens the entire Middle East. Mr. and Mrs. Lee gave their son for I can’t stress how important this is. this country, and all they asked of this The SPEAKER pro tempore. Under a The leader of Iran, Mr. Ahmadinejad, Nation was to please let them have previous order of the House, the gen- has said numerous times that he wants Lex, the dog that their son, Dustin, tleman from Washington (Mr. to see Israel wiped off the face of the loved so much. Well, we all live here in MCDERMOTT) is recognized for 5 min- Earth. They are developing a nuclear Washington in a bureaucratic world, utes. weapons program, and now the IAEA is and there is some reason I guess for (Mr. MCDERMOTT addressed the saying that they are developing a nu- that, but the Marine Corps said to the House. His remarks will appear here- clear warhead that will be able to family that Lex has 2 more years of after in the Extensions of Remarks.) strike should they be able to use their service before he can be retired. missile program. So we have to pay I heard about this story, and I called f real attention to what is going on over Mr. and Mrs. Lee in Mississippi. They The SPEAKER pro tempore. Under a there and give Israel the ability to do told me, Congressman, we understand previous order of the House, the gen- what is necessary, and we should sup- that this dog is very important to the tleman from South Carolina (Mr. ING- port them in every way possible. If we cause of our Nation, but this dog LIS) is recognized for 5 minutes. don’t do that, we are going to rue the meant so much to our son that that’s (Mr. INGLIS addressed the House. day that they finish that nuclear devel- all we would like to have. Well, I want His remarks will appear hereafter in opment program in Iran. to thank General Mike Regner, who I the Extensions of Remarks.)

VerDate Mar 15 2010 04:07 May 18, 2010 Jkt 089060 PO 00000 Frm 00083 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H23FE0.REC H23FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H734 CONGRESSIONAL RECORD — HOUSE February 23, 2010 KEEP CLASSICAL MUSIC ALIVE IN posure to families all over the St. be considered when deciding on these sales. ST. LOUIS Louis area that may not have a family I would like to enter for the record a petition The SPEAKER pro tempore. Under a member with a music background. to the LCMS Board of Directors, which both previous order of the House, the gen- To remove that sphere of influence I myself and former Senator Conrad Burns has tleman from Illinois (Mr. SHIMKUS) is feel would be detrimental to many signed, in addition to letters from musicians recognized for 5 minutes. children in our communities. Without from all over the country that have enjoyed Mr. SHIMKUS. Mr. Speaker, I come Classic 99, I don’t know if many of the Classic 99’s live internet broadcasts. to the floor today joining with my music institutions in the St. Louis GERALD KIESCHNICK, friend and colleague, Congressman area that rely on this station would be President, Lutheran Church Missouri Synod, St. Louis, MO. LACY CLAY, to speak out on an issue able to get their music heard. Even our that is very important to both of us local high school students have a DEAR PRESIDENT KIESCHNICK: The Musi- chance to play on KFUO, an experience cians’ Association of St. Louis, Local 2–197 and our constituents, the continued ex- AFM, is opposed to the sale of KFUO–FM, istence of an over-the-air classical I’m sure that is a highlight of their the only classical music radio station in the music station. musical education. St. Louis metropolitan area, into a different The sale of KFUO–FM by the Lu- Mr. Speaker, I felt this issue was es- format. This valuable resource is one of the theran Church-Missouri Synod is cur- pecially important for me to weigh in main venues for arts organizations and has rently pending before the Media Bu- on today because, as a devoted Lu- been a great tool in audience-building reau at the FCC, and both myself and theran, I am concerned that the Lu- through live broadcasts and advertising. Congressman CLAY have been con- theran Church-Missouri Synod does not The loss of our beloved radio station will tacted by our constituents concerned realize how important these classical have a huge impact on the arts in St. Louis: that the purchaser of the station may broadcasts are to the Christian faithful Bach at the Sem, St. Louis Symphony Or- cease the classical programming, in the St. Louis area. chestra, and At The Garden, Live!, will lose In most cases, Christian broadcasting their broadcasts, which are heard nationally which so many residents of the St. through live streaming. Louis and Metro East communities and classical broadcasting are synony- SLSO will lose a major advertising venue, have benefited from over the years. mous. The loss of this classical pro- which may hinder ticket sales and fund- KFUO–FM has been a proud partner gramming eliminates the witness to raising efforts. They are now moving forward with almost every cultural organiza- the Gospel through the broadcast of after years of paycuts and freezes. Losing tion in the St. Louis area. It is also the words and music of Bach, such as KFUO makes recovery more difficult. heard internationally through live broadcast of ‘‘Bach at the Sem.’’ Also, Many arts organizations in the greater streaming on the Internet. Classic 99, the St. Louis area would no longer be metropolitan area of St. Louis will lose a as KFUO is also known, features a able to hear other Lutheran and Chris- central advertising location in KFUO–FM. large amount of programming for the tian composers as well through pro- The loss of KFUO makes advertising much fine arts institutions of St. Louis, in- more difficult especially in these economic grams devoted specifically to the times. cluding the St. Louis Symphony Or- Christian musical heritage, such as President Kieschnick, Local 2–197 respect- chestra, the Opera Theater of St. ‘‘Joy’’ and broadcasts of St. Louis Bach fully asks that you reconsider and direct Louis, the Repertory Theater of St. Society programs and overt Lutheran your Board to stop the sale now. Louis, the St. Louis Art Museum, the Christian programming such as ‘‘Sing Respectfully, Missouri History Museum and Histor- for Joy’’ and the Sunday morning serv- VICKY SMOLIK, President, ical Society, the Missouri Botanical ice from Chapel of the Cross in North Musicians’ Association of St. Louis, Garden, the Touhill Performing Arts County, St. Louis. Local 2–197, AFM. Center of the University of Missouri- Music is an important part of Chris- St. Louis, the Metropolitan Opera, the tianity and was an integral part in the CLEVELAND FEDERATION OF MUSICIANS, LOCAL Bach Society of St. Louis, the St. start of the Lutheran church. One of 4 OF THE AMERICAN FEDERATION OF MUSICIANS Louis Chamber Chorus, the American my favorite Martin Luther quotes Cleveland, OH, January 29, 2010. Kantorei, the St. Louis Public Library, deals with the importance of music in U.S. Congressman JOHN SHIMKUS, Springfield, IL. the St. Louis Children’s Choir, along the church, and I quote, ‘‘Beautiful DEAR CONGRESSMAN SHIMKUS, I am writing with many others. music is the art of the prophets that in support of the effort to prevent the sale of KFUO is in a virtual partnership with can calm the agitations of the soul; it KFUO 99.1 FM. these institutions, as many hours are is one of the most magnificent and de- One of the oldest radio stations west of the given to these and other organizations lightful presents God has given us.’’ Mississippi River, and the longest contin- for live broadcasting, education, and From Bach to Mendelssohn, these ually-owned FM station in the Saint Louis information programming, as well as talented musicians helped form the Lu- area, KFUO not only programs classical, for promotion. The loss of Classic 99 theran church that we know today. I opera and jazz music, it is also a strong part- and its limitless contribution to the cannot imagine a church service with- ner with the area’s cultural institutions. The area’s community may have a negative out music, just as I cannot imagine St. sale of KFUO, from the Lutheran Church- Missouri Synod (LC–MS) to Gateway Cre- impact on many, and to the quality of Louis without KFUO–FM. It is just as ative Broadcasting, Inc., would negatively life in the Metro East. important part to the St. Louis and impact those musical genres in the Saint As many of my colleagues know, I Metro East residents as music is to Louis local and regional community. am married to a classical musician. I Sunday mornings spent in worship. It In addition, KFUO programming targets met Karen while she was working as is my sincere hope that the Lutheran school-aged children, and this sale would the director of Christian Education and church will realize this before this sta- eliminate regular programming that allows Music at Bethlehem Lutheran Church tion changes its programming. It would high school orchestral musicians and choral in Monterey, California. When I started be a loss to both the Christian commu- singers the opportunity to perform for a my life with Karen, I also began my nity and the music community, a loss radio audience, certainly a unique chance for life with classical music. Karen has these young musicians. which I hope will be prevented. I understand a petition has been filed with worked as a youth minister, church Let us remember the words from Psalm the Federal Communications Commission al- music director, elementary music 27:5–6 ‘‘For in the day of trouble he will keep leging LC–MS did not properly open up a teacher, and private music instructor me safe in his dwelling; he will hide me in the competitive bidding process to the public. of many different instruments. She has shelter of His tabernacle and set me high An FCC investigation of this proposed trans- also guided each of our children musi- upon a rock. Then my head will be exalted action may deny the sale, or subject the LC– cally. All three of our boys are Suzuki- above the enemies who surround me; at His MS to further conditions including an open trained violinists. My sons, David and tabernacle will I sacrifice with shouts of joy; I selection process. Josh, have sung with the prestigious will sing and make music to the Lord.’’ In the wake of these allegations, and the St. Louis Children’s Chorus. I credit potential loss of the crown jewel of cultural Mr. Speaker, I am not here to say that the radio programming in the Saint Louis re- their musical talents not only with my FCC should be dictating programming choice gion, I sincerely urge you to join me in the wife’s teaching, but also with exposure when considering a sale of a station. Rather, fight to save KFUO 99.1 FM. to classical music from an early age. I would argue that the impact on cultural orga- Very Truly Yours, KFUO provides that critical early ex- nizations and the impact on local jobs should LEONARD DICOSIMO.

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APPROVED KFUO LETTERS FOR RELEASE TO enriching the city of Pittsburgh and a large and organizations that have provided vir- PRESS extended community on radio, and the entire tually all the financial and volunteer sup- NOTE: THE MUSICIANS COUNCIL HAS LETTERS world streaming on the internet. In addition port for the station throughout its history; REPRESENTING ORCHESTRAL MUSICIANS FROM to their extensive programming, our PSO KFUO–FM is the source sustaining KFUO– CALIFORNIA, OHIO, MISSOURI, NORTH CARO- concerts are regularly broadcast on WQED as AM. Its sale would surely be followed by LINA, ILLINOIS, TEXAS, TENNESSEE, WIS- are over 100 local concerts by other artists AM’s demise. CONSIN, AND NEVADA. each year. It would be a great loss both to There are attractive alternatives for re- Pittsburgh and the greater Pittsburgh area taining KFUO–FM, thereby also ensuring the To: The Trustees and Management of KFUO if we were to lose our station. (By the way, future of KFUO–AM. These should be ex- FM WQED–TV was this country’s first commu- plored with time and opportunity being From: Paul R. Frankenfeld, President, Local nity supported TV station). given for their advancement. 1, AF of M I would like to see KFUO–FM maintained Respectfully yours in Christ, Subject: The Preservation of Classical Music as a classical music radio station for St. Dr. Andrew H. Bartelt (Executive Vice on KFUO Louis, and through live streaming, the entire President for Academic Affairs, Concordia DEAR LADIES AND GENTLEMEN: In an age United States. I applaud KFUO’s long-stand- Seminary). when arts organizations are struggling for ing commitment to sharing the fine arts and Dr. Karl L. Barth (President Emeritus, survival, the continuation of classical music music which supports and enriches the sig- Concordia Seminary, St. Louis). on a radio station is vital to maintain the nificant cultural community of the St. Louis Dr. Robert Bergt (Director, The American ongoing community interest in symphony area. KFUO–FM has not only been respon- Cantorei and ‘‘Bach at the Sem’’ concert se- orchestras, chamber music, and opera. The sible for promoting arts events in Missouri ries). long and proud tradition of service of this and Illinois, but is also steward of the count- The Rev. Keith Boheim (The Marvin M. station to the broadcast of St. Louis Sym- less contributors and listeners who have Schwan Charitable Foundation). phony concerts is to be applauded. I strongly made KFUO–FM possible for the past 62 Dr. Ralph A. Bohlmann (President Emer- urge you to continue this relationship by re- years. Please continue that trust by pre- itus, The Lutheran Church-Missouri Synod). taining the classical music format of KFUO serving KFUO–FM as a classical station. The Rev. Larry Burgdorf (The Marvin M. FM so that current and future generations You have a wonderful symphony orchestra Schwan Charitable Foundation). will have this resource to experience great and not only would they be affected by this, Senator Conrad Burns (United States Sen- art music. St. Louis would be diminished in the eyes of ator, Retired). Sincerely yours, the educated public, and children will cer- Dr. Paul W. Devantier (Senior Vice Presi- PAUL R. FRANKENFELD, tainly miss out on the joy of discovering dent, Advancement, Concordia Seminary, St. President, Local 1, classical music on the radio. Louis). Richard W. Duesenberg (Attorney at Law; American Federation Sincerely, of Musicians, Acting co-founder, ‘‘Bach at the Sem’’ concert se- CYNTHIA BUSCH, ries). Principal Viola, Cin- Violist, Pittsburgh Symphony Orchestra. cinnati Symphony Robert H. Duesenberg (Attorney at Law; Orchestra. co-founder, ‘‘Bach at the Sem’’ concert se- AUSTIN FEDERATION OF MUSICIANS, ries). Austin, TX. Dr. Charles W. Dull (Former Director, DECEMBER 31, 1969. TO WHOM IT CONCERNS: KFUO–FM has been Hong Kong International School). TO WHOM IT CONCERNS: Sometimes you partnering with the cultural community in The Rev. Alan Erdman (President, Lu- don’t realize how important something is St. Louis for over 60 years. KFUO’s partici- theran Family and Children’s Services of until it isn’t there any more. pation in the fine arts enriches the greater Missouri). Milwaukee has been without a classical metropolitan area, including Eastern Mis- Dr. Jean Garton (Former member Board of station since WFMR abruptly changed 106.9 souri and parts of Illinois. Through live Directors, Lutheran Church-Missouri from classical to ‘‘cool jazz’’ (I think) over streaming, KFUO–FM is also heard through- two years ago—and every day since I’ve Synod). out the United States and the world, pro- Oscar H. Hanson (Former member Board of heard at least one person mourn its loss. claiming St. Louis as a major cultural com- It is not just the loss of hearing classical Directors, Lutheran Church-Missouri munity. Losing KFUO–FM adversely impacts music on the air-waves, though that is a Synod). all cultural institutions in the St. Louis great loss in itself—it is the loss of announc- Dr. John F. Johnson (Former President, area. Concordia Seminary, St. Louis). ers who were keenly interested in the musi- Please stop this sale. Thank you for your cal scene in Milwaukee, who brought Sym- Dr. James W. Kalthoff (President Emer- assistance. itus, The Lutheran Church-Missouri Synod). phony and other musicians in for interviews, In solidarity, who did feature stories about concerts com- Dr. Robert H. King (Former Vice Presi- TERRY HALE, dent, The Lutheran Church-Missouri Synod). ing up, and who raised awareness about clas- President AFM33, Austin, TX. sical music in greater Milwaukee. The Rev. Jerry Klug (President, Clara and My husband and I lived in St. Louis for a Spencer Werner Foundation). Note: this petition is comprised of 41 Ruth M. Koch (Chair, Concordia Publishing few months in 1990–91, and greatly enjoyed prominent Lutheran Church-Missourians, in- (among other things) our opportunity to per- House Board of Directors). cluding a United States Senator, who are op- Thomas Kopatz (Managing Partner, form with David Halen on ‘‘From the Garden posed to the sale of KFUO–FM because of the Live.’’ We were amazed at how much excite- Thrivent Financial for Lutherans). adverse impact on the cultural community Dr. Jonathan Laabs (Executive Director, ment about local music was generated by in the Greater St. Louis Metropolitan Area, Lutheran Education Association). that program, and have spoken enviously of especially the many world-class fine arts in- Michael Louis (Senior Vice President, Fi- it since, wishing that such an opportunity stitutions. nancial Planning and Administration, were available to us here. KFUO/LCMS PETITION TO THE LCMS BOARD Concordia Seminary, St. Louis). I am awed by KFUO’s long-standing com- OF DIRECTORS Laurence Lumpe (Executive Director, Lu- mitment to sharing the fine arts and music MAY 8, 2009. theran Hour Ministries). which supports and enriches the significant Dr. Paul L. Maier (Second Vice President, cultural community of the St. Louis area. I (List of names augmented June 29, 2009) The Lutheran Church-Missouri Synod). earnestly hope that this honorable tradition DEAR MEMBERS OF THE LUTHERAN CHURCH- Dr. Walter A. Maier, II (Former Second will continue—that the citizens of St. Louis MISSOURI SYNOD BOARD OF DIRECTORS, Not Vice President, The Lutheran Church-Mis- will not be bereft of a classical station, as we unmindful of your responsibilities, and souri Synod). are, and that your great city will continue to aware of the challenges presented Synod by The Rev. Ulmer Marshall (Former member have the fine classical station that it de- current economic conditions, we ask you, Board of Directors, Lutheran Church-Mis- serves. nevertheless, to reconsider your decision on souri Synod). Respectfully, behalf of our Synod that authorized the sale Dr. Dale A. Meyer (President, Concordia STEFANIE JACOB, of KFUO–FM. A sale, in our view and that of Seminary, St. Louis). Pianist, Prometheus many others, would be very unfortunate. We Dr. Judith W. Meyer (President, Lutheran Trio Piano faculty, are convinced that: High School Association of St. Louis). Wisconsin Conserv- A vital mission of proclamation, nurture, Michael Onnen (President, International atory of Music, Mil- outreach, and community relations is being Lutheran Laymen’s League). waukee, WI. conducted by KFUO–FM and these missions Gerald Perschbacher (Editor, ‘‘The Lu- can be expanded and enhanced in the future; theran Layman,’’ International Lutheran JANUARY 11, 2010. A sale would damage the good name and Laymen’s League). TO WHOM IT MAY CONCERN: I have been a reputation of The Lutheran Church-Missouri Dr. Richard D. Peters (Former member member of the Pittsburgh Symphony Orches- Synod in its headquarters city and around Board of Directors, Lutheran Church-Mis- tra for 29 years. Our local classical music the world; souri Synod). station, WQED–FM, went on the air for the A sale would disenfranchise and severely James F. Ralls (Chair, Board of Regents, first time in 1973. It has been informing and disappoint many thousands of individuals Concordia Seminary, St. Louis).

VerDate Mar 15 2010 04:07 May 18, 2010 Jkt 089060 PO 00000 Frm 00085 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H23FE0.REC H23FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H736 CONGRESSIONAL RECORD — HOUSE February 23, 2010 Dr. Walter Rosin (Secretary Emeritus, The taxes and call me in the morning.’’ from steroids, when to schedule pa- Lutheran Church-Missouri Synod). That is not real health care. tients for a revisit, or when to refer to Representative John Shimkus (United Now, Republicans have talked about a specialist for additional diagnostic States Congressman, Illinois). a number of things, such as allowing testing are all important. Unfortu- Dr. Uwe Siemon-Netto (Former Religion nately, in the bills proposed by the Editor, United Press International). people to choose plans across the coun- The Rev. Jonathan P. Stein (Regular Pas- try, to join groups. I also believe people House and Senate, they cut the funding tor on FKUO-FM for more than 20 years). should be allowed to choose a basic for the very things that could do that, Dr. Richard L. Thompson (Former Chair, plan, that is, choose a plan that is what Medicare Advantage, cutting out $500 Board of Directors, Lutheran Church-Mis- you need instead of the government billion from Medicare from the very souri Synod). telling you what you need. But most programs that invest money in disease Edwin A. Trapp, Jr. (Former member important of all is the number of qual- management where we can save money. Board of Directors, Lutheran Church-Mis- ity reforms which are not being ad- They go on to say as another strat- souri Synod). egy that the transition for Pay for Per- Dr. James Voelz (Dean of the Faculty, dressed yet. In a $2.5 trillion system, we waste from inefficiency, we waste formance should be based upon cost- Concordia Seminary, St. Louis). effective care. The endgame is the es- Phyllis Wallace (‘‘Woman to Woman,’’ Lu- from changes, perhaps between $800 bil- theran Hour Ministries). lion and $1 trillion. tablishment of prospectively managed, John D. Wittenmyer (Vice-Chair, Board of An article published by Wennberg, et cost-effective and coordinated care. Regents, Concordia Seminary, St. Louis). al., in Health Affairs a couple of years The enrollment of patients and the co- horts for prospective care management f ago described it well. Wennberg, Fish- er, Skinner, and Bronner, all from requires risk adjustment methods that The SPEAKER pro tempore. Under a account not only for illness level, but previous order of the House, the gen- Dartmouth University and Medical School, they said that part of the na- also socioeconomic status, adherence tleman from Oregon (Mr. DEFAZIO) is patterns, and social supports. This care recognized for 5 minutes. ture of the problem is the present value of projected lifetime Medicare costs for would be supported by adequate infra- (Mr. DEFAZIO addressed the House. structure, information technology sys- a 65-year-old in Los Angeles is $84,000 His remarks will appear hereafter in tems, electronic medical records to greater than for a 65-year-old in Se- the Extensions of Remarks.) provide clinical guidance through care attle. The difference between Portland coordination, and a program for moni- f and Miami is $125,000 in a lifetime. toring quality and efficiency. The SPEAKER pro tempore. Under a ‘‘Much of the health policy is based previous order of the House, the gen- on the assumption that geographic var- b 2130 tleman from Texas (Mr. POE) is recog- iation and utilization is driven pri- Mr. Speaker and my friends, we can- nized for 5 minutes. marily by the local prevalence and se- not continue to pay for a broken sys- (Mr. POE of Texas addressed the verity of illness. In reality, prevalence tem. There is a lot of great health care House. His remarks will appear here- of illness doesn’t drive spending; only in this country, but as long as we have after in the Extensions of Remarks.) about 4 percent of the variation in a system that continues to say we will f Medicare spending among groups is as- pay doctors for procedures, whatever HEALTH CARE BILL NEEDS sociated with the regional variation in that might be, as opposed to paying EXPERT OPINION the prevalence of severe chronic ill- doctors or hospitals, which are helping ness. to treat patients to get better, then we The SPEAKER pro tempore. Under a ‘‘When we look at utilization,’’ they will continue to see costs spiral. previous order of the House, the gen- go on to say, ‘‘among academic med- I hope that the House and Senate tleman from Pennsylvania (Mr. TIM ical centers which care for the sickest work on really reforming health care, MURPHY) is recognized for 5 minutes. of the sick, we see the same pattern; on really reforming health care and Mr. TIM MURPHY of Pennsylvania. equally sick patients receive different pushing for coordinated care. That, my Mr. Speaker, when the White House care depending upon which academic friends, is the answer of how we lower summit occurs at Blair House to talk medical center they routinely use for health care costs. about health care, I am disappointed care.’’ f that not a single Member of the House I read on here: ‘‘Higher spending THE PRESIDENT’S EXTREME of Representatives who has a back- might be justified if more intensive use AGENDA ground in health care has been invited, of in-patient care resulted in better despite the fact that Medicare and quality of care or better health out- The SPEAKER pro tempore. Under a Medicaid alone spend several hundred comes, but it does not appear to do so. previous order of the House, the gen- billion dollars. It would be nice if At the population level, research has tleman from Texas (Mr. BRADY) is rec- someone who has actually diagnosed a shown that patients with severe chron- ognized for 5 minutes. Mr. BRADY of Texas. Mr. Speaker, patient, prescribed medication, or ic illness who live in communities treated a patient would be there, but so this past week was the 1-year anniver- where more intensive use of in-patient sary of the so-called ‘‘stimulus bill’’— be it, it’s not. care is the norm do not have improved $862 billion—every dime of it borrowed But also, as the discussions are com- survival, quality of life, or access to from the future and from our grand- ing forth, there are great differences life. Indeed, outcomes appear to be children. between what one is looking at and the worse.’’ When that bill was rushed through other party may be looking at for They go on to propose a few changes the House with almost no time to interventions here. We cannot have a here which are the things I have talked study it, we were promised as a coun- system that simply is based upon rais- about at some length over time—that try that it would jump-start the econ- ing taxes to pay for a broken system. we need to make sure we are doing dis- omy, that it would stabilize unemploy- There are 31-some taxes that my ease management. They say such ment and that it would restore con- friends on the other side of the aisle things as, ‘‘We recommend that the sumer confidence. have proposed, such as taxing employ- Federal Government fund a program of The fact of the matter is that we ers for providing health insurance, tax- clinical research designed to transform have lost 4 million jobs since the stim- ing them if they don’t provide it, tax the management of chronic illness to a ulus was passed. Unemployment has you if you own insurance, tax you if system where care is based primarily risen dramatically. It continues to you don’t. If you spend money on on illness level, valid science, and pa- hover around 10 percent. Only 6 percent health care, charitable contributions, tient preference.’’ of Americans in the latest poll believe alcohol, mortgage interest, pollution, Detailed specification of the clinical that the stimulus actually created jobs oil, prescription drugs, payroll, capital pathways for caring for the chronically in America. Most of them feel that gains, smoking, health care, and now a ill—for instance, when hospitalizing a that extra debt has actually hampered tanning bed tax. This does not change patient with congestive heart failure, the economy. Six percent. By compari- the system. In fact, it is something which patients with chronic obstruc- son, I should say 7 percent of Ameri- that is akin to just saying ‘‘take two tive pulmonary disease will benefit cans still believe Elvis is alive, so you

VerDate Mar 15 2010 04:07 May 18, 2010 Jkt 089060 PO 00000 Frm 00086 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H23FE0.REC H23FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 23, 2010 CONGRESSIONAL RECORD — HOUSE H737 sort of know what range this credi- Lori, from State Farms, said, People underway now and into the years ahead bility has for the stimulus. are simply too scared to invest. as people work on building the tunnel, The fact of the matter is that stim- The truth is that is it. Businesses are and we are going to eliminate one of ulus wasn’t designed to create jobs. It not willing to risk their hard-earned the great traffic jams in the Bay Area. was designed to bail out government capital. They are not going to bring It goes on and on and on. workers at the State and local levels. back workers that they had to let go. The University of California and the The truth is, if you are a government They are not going to hire new ones or State university system, instead of worker or if you belong to a teachers’ make that expansion plan as long as laying people off, received stimulus union, you probably got a pay raise government continues a job-killing money, so they were able to continue from the stimulus. If you work in con- agenda in Washington and as long as it to provide classes. struction or in manufacturing, you proposes a job-killing budget. The I don’t know where all of this talk probably got a pink slip. President’s budget, in my estimation, that the stimulus doesn’t work comes The fact of the matter is the govern- has killed more jobs than any budget from. It certainly doesn’t come from ment has grown since the stimulus has in American history—new tax in- the reality of what is taking place in passed. The jobs in the private sector— creases on small businesses, on energy California. small businesses and medium-sized companies, on local real estate compa- I’ve also noticed on television many businesses—are disappearing and con- nies, on families, on professionals all of my Republican colleagues, who come tinue to disappear, and that’s because across the board, U.S. companies that here on the floor and say the stimulus it wasn’t designed to create small busi- compete overseas. All of those kill jobs does no good, who then go home and ness jobs. In fact, more money in the in America. show some huge checks, taking credit stimulus was set aside to buy public The truth of the matter is we are not for the stimulus money’s providing art in America than to help small busi- going to get out of this recession by jobs in their districts. So perhaps there nesses to create jobs. It shows. government spending. Private enter- is a speech on the floor, and then there Too much of it was wasted. Too much prise, when those small businesses and is the reality out in the country. Yes, we do need a second stimulus, of it was exaggerated claims where the medium-sized businesses start hiring and we need it to be a big one. People White House announced jobs created in again, is what will sustain an economic want to work. They don’t want to take fake congressional districts. You heard recovery in America. America hates about some of the waste, the fraud and unemployment insurance. They don’t being in a recession. They hate even the abuse in the stimulus: the $3 mil- want to have to be tax takers. They more being in a depression. They are lion turtle crossing in Florida, the want to be taxpayers. The first stim- naturally prone to pull themselves out, $50,000 hand puppet grant in one of our ulus did that. A second stimulus should but now the government is clearly the States, the $4 million bike trail to do that. obstacle in the way of it. Taco Bell in Massachusetts. By the I would also point out that, around We see this President and Congress way, I love Taco Bell, but that’s not the world, every industrialized Nation pursue a more extreme agenda, a big- how our tax dollars should be spent. I’ll in the world, including China and ger health care bill—the President ac- end with this one, but this is one of India, did the same thing that we did in tually announced a bigger health care those which is too hard to believe. America, and they did far more. They bill than the Senate one—more spend- $390,000 of your tax dollars was spent at actually put up a larger percentage of ing, more subsidies, more tax in- the University of New York, in Buffalo, their GDP. Most of them borrowing as creases. They are not listening to the in a study to compare the relationship we did here in America. It is required American public. They are not listen- between drinking malt liquor beer and that we put people to work. Otherwise, smoking marijuana. ing to our small business community. you are going to have tax takers. You So American taxpayers have given to We are in trouble. It is time to get are going to have greater unemploy- 100 people for 3 weeks $45 a day. To do back on track. ment. Let’s give people a chance to what? According to published reports, f have a job. Yes, it is deficit financing, to drink malt liquor beer and to smoke THE SUCCESS OF STIMULUS I but the second stimulus is going to be marijuana. Those types of abuses are paid for fully by taking back the The SPEAKER pro tempore. Under a spread, unfortunately, throughout the money that was given to the Wall previous order of the House, the gen- stimulus. It’s one of the reasons there Street rip-off. tleman from California (Mr. is no public confidence in it. So, Mr. Speaker, I think we need to Today, they are looking at a second GARAMENDI) is recognized for 5 min- understand that the stimulus, which is stimulus. They call it a ‘‘jobs bill,’’ but utes. 1-year- and 1-week-old, actually it’s much like the first one, just small- Mr. GARAMENDI. Mr. Speaker, I worked. The second one is desperately er. keep hearing this discussion that the needed because there is a world of hurt Over the district work period, I met stimulus didn’t work. I don’t know out there. If you are listening to your with small- and medium-sized busi- what people are looking at, because, in constituents, you know that they want nesses in Orange, in Lumberton, in my district in California and in the to work. That is what the stimulus I Lake Conner, and in the Woodlands. I State of California, the stimulus has did, and jobs for Main Street will do asked them what they would do to cre- been of utmost importance in main- the same, using Wall Street money for ate jobs, and they turned thumbs down taining at least a base. Main Street jobs. California received some $63 billion on all this new stimulus spending. f What they said is that the government from the stimulus. Where did the is in the way. money go? Well, $9 billion went to the WORK TO SOLVE PROBLEMS In Orange County, at a roundtable, school systems in California so we RATHER THAN TO REWRITE HIS- Keith Wallace, who owns a dry cleaners didn’t have to lay off teachers and jani- TORY there and is on the port commission tors and bus drivers. Those people con- The SPEAKER pro tempore. Under a said, We need to get rid of the fear—the tinue to be employed, and they con- previous order of the House, the gen- fear of higher health care mandates tinue to do an extremely important tleman from Florida (Mr. POSEY) is rec- and taxes, the fear of cap-and-trade, piece of work. That is investing in our ognized for 5 minutes. the fear of new tax increases. children. Mr. POSEY. Mr. Speaker, I am a lit- Marjorie Claybar, who runs a cafe in Along the way, we also invested in tle bit tired of hearing ‘‘we inherited.’’ Orange County, said, We need certainty those schools. In my district, some We were on the floor today, and we from our government. We need cer- nearly $100 million went into repairing were trying to have some dialogue tainty. schools—painting, fixing, improving about jobs and about the economy, and Sue Cleveland, over in Lumberton, their energy efficiency. all I heard from the other side of the Hardin County, said, There is so much $197 million backfilled money that aisle all-day long was, You guys are fear about what is going to happen in the State of California couldn’t put up the Party of No. You guys don’t have Congress with all of these tax in- to build a tunnel through the Caldecott any ideas. You guys yadda, yadda, creases, health care, and cap-and-trade. mountains. Six thousand jobs will be yadda. You guys put us in debt.

VerDate Mar 15 2010 04:07 May 18, 2010 Jkt 089060 PO 00000 Frm 00087 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H23FE0.REC H23FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H738 CONGRESSIONAL RECORD — HOUSE February 23, 2010 I left the floor after that a little bit uary 6, 2009, the gentleman from Geor- We hear from the President that he dismayed. When I got to committee, gia (Mr. BROUN) is recognized for 60 doesn’t want to tax anybody but the what did I hear in committee the whole minutes as the designee of the minor- upper 5 percent of the population, 5 time? You guys are the Party of No. ity leader. percent of the income, but that’s not You guys left us all this debt. You guys Mr. BROUN of Georgia. Thank you, factual. Everybody is going to be taxed ‘‘this’’ and you guys ‘‘that.’’ It’s a lit- Mr. Speaker. because of the mandates. We have been tle bit hard to take. You turn your I am a medical doctor. I have prac- told over and over again that, if you cheek the other way seven times, and ticed medicine in Georgia for almost like your health insurance, you can then it’s seven more times. four decades. As a medical doctor with keep it. Nothing can be further from Sooner or later, somebody ought to all of that clinical experience—I’m a the truth. set the record straight because, if my family doc, a primary care provider. Folks, Mr. Speaker, if you like your colleagues here can be so mis- I’ve examined the proposal that the health insurance, you can’t keep it, be- informed—and I’m a freshman. I mean White House put forward just 2 days cause even this new ObamaCare 2.0, the I’m new here, but I know that final ago. Frankly, I’ve got a diagnosis. I second version, has so many mandates budgets do not come from the White cannot give ObamaCare 2.0 a clean bill and requirements on private health in- House. They come from Congress. The of health. What I can diagnose for the surance that it appears to me that party that has controlled Congress American people, though, is this: what our administration is doing is since January 2007 has been the Demo- It’s going to make the American peo- they are putting up a system that is cratic Party. I mean it’s not rocket ple sick—sick in their wallets because going to force everybody onto the pub- science. It’s a fact of life. it’s going to cost more. Health care lic exchange. You know, one more time, just a costs in this country are going to sky- Well, the President told us a couple brief civics lesson for anybody who rocket because of this ObamaCare pro- of months ago that he sees the public doesn’t understand that. I hope there’s posal that the White House recently option—or in the Senate, it’s the public nobody in this Chamber who doesn’t put out. option lite. They call it a public ex- understand that. As The Wall Street Journal just very change. That is what is in the Presi- Final budgets, binding budgets, do aptly said in an editorial this morning: dent’s current proposal. It’s just the not come from the White House. They The White House has accomplished a first step towards Federal bureaucrats’ come from Congress. The party that great thing. They took the most oner- controlling every health care decision has controlled Congress since January ous pieces of the House bill and the in this country. Federal bureaucrats 2007 has been the Democratic Party. Senate bill and combined them to are going to run the health care system They controlled the budget process for make the current proposal of for everybody. fiscal year 2008, 2009, as well as 2010 and ObamaCare that the White House is The playing field has been laid, in 2011. putting forward even worse than either this latest proposal by the President, In that first year, they had to con- of those bills. that it is going to put the squeeze on tend with George Bush, which caused The quality of health care in this everybody in this country, not only on them to compromise on spending when country is going to go down. It’s going the insurance companies—and I’m not Bush, somewhat belatedly, got tough to go down because doctors and pa- a friend of the health insurance compa- on spending increases. tients will no longer be able to make nies. I fight them all the time as a For fiscal year 2009, though, the health care decisions. It is going to be health care provider, as a medical doc- Democratic-controlled House and Sen- made by a Federal bureaucrat here in tor—but it’s going to put the squeeze ate bypassed the President entirely, Washington, D.C.—one that doesn’t, in on everybody to force them off of pri- passing continuing resolutions to keep all probability, have any medical train- vate insurance into a public exchange the government running until Barack ing whatsoever. or into a public option. Obama could take office. At that time, As a health care provider, as a med- The President told us just a few they passed a massive omnibus spend- ical doctor today, I see Federal bureau- months ago that his game plan, his ing bill to complete the fiscal year 2009 crats who have no medical experience purpose of all this, is to try to force ev- budget. Where was Barack Obama dur- telling me and my colleagues whether erybody into a government-controlled ing this time? He was a member of that we can put a patient in the hospital or health care system, and that’s exactly very Congress that passed all of the not, whether we can give them a cer- the direction that he is going. massive spending bills, and he signed tain medication or not, how long they b 2145 the omnibus bill, as the President, to can stay in the hospital, what kind of complete fiscal year 2009. care we can give. So there is already Now, frankly, I think this proposal of Let’s remember what the deficit control, particularly with the Medicare a bipartisan meeting on Thursday, the looked like during that period. If the patients of health care. 25th of February, is nothing but a ruse. Democrats inherited any deficit, it was The problems that Medicare has It’s nothing but a dog and pony show in 2007, the last of the Republican today are going to be exacerbated, or either to try to make the Republican budgets. That deficit was the lowest in made worse, by what this administra- Party and Republicans to be a party 5 years, and the fourth straight decline tion is doing and by what the leader- that has no ideas, which the Democrats in deficit spending. After the Demo- ship in this House and in the Senate over and over claim, or to be an ob- crats in Congress took control of are doing. It’s not only going to de- structionist party, that just want to be spending—and that includes then-Sen- stroy the quality of health care, but the party of ‘‘no.’’ ator Obama who voted for the budg- it’s going to destroy the budgets of Mr. Speaker, the American public ets—if the President inherited any- States, of local communities and, most needs to understand the Republican thing, he inherited it from himself. especially, of small business and of Party is the party of k-n-o-w. We are In a nutshell, what my colleagues people who are working class Ameri- the party of ‘‘know’’ because we know across the aisle are saying is that they cans. how to lower the cost of health care. inherited a deficit that they voted for, The reason it is going to do that is We know how to lower the cost of en- and then they voted to expand that def- that the cost of health care is going up. ergy, to seek energy exploration here icit four-fold since January 20. It’s going to go up for everybody. It in America so that we’re less depend- As Paul Harvey would say, ‘‘That’s doesn’t contain costs at all. We’ve been ent upon energy sources from countries the rest of the story.’’ Now can we get told by the President that this—and in that hate us and want to destroy us. together working to solve the problems fact, they claim on the White House We are the party of k-n-o-w, ‘‘know,’’ instead of trying to rewrite history? Web site that this is going to help the because we know how to create jobs. f Federal deficit by $100 billion. Well, the And we do that through stimulating reason for that is they are going to small business, by giving them tax HEALTH CARE REFORM markedly raise taxes—over half a tril- breaks to leave dollars in the hands of The SPEAKER pro tempore. Under lion dollars in increased taxes. Those small business men and women so that the Speaker’s announced policy of Jan- taxes are going to be on everybody. they can hire new employees, so that

VerDate Mar 15 2010 04:07 May 18, 2010 Jkt 089060 PO 00000 Frm 00088 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H23FE0.REC H23FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 23, 2010 CONGRESSIONAL RECORD — HOUSE H739 they can expand their business, so that ance by making it more affordable. The President recently said he’s just they can buy new inventory. We’re the Let’s find solutions to those who are not articulated well enough about party of k-n-o-w because we know how uninsurable because of preexisting con- ObamaCare to allow the American peo- to give individuals money in their ditions. ple to understand how they need this pockets so they can be good consumers What was the answer from the White government takeover of the health again. House? The White House’s answer was, care system. He didn’t call it a govern- Mr. BRADY of, Texas in his 5-minute No, we will not do that. You have to ment takeover of the health care sys- speech, talked about the folks that he accept our plan. We’re going to start tem. He said ‘‘my plans.’’ ‘‘My,’’ ‘‘I’’— talked to just recently there in Texas, there. We will talk about our plan and all his focus is on himself. But the and these are small business men and we will see where we go from there. American people do get it. They under- women that said that we need to get We’re not going to start over. We’re stand very firmly that this is not what the fear out of the system. We need to not going to try to find some common they want. This is not the change that give assurance. ground. You have to accept things that they thought they were getting. This is Mr. Speaker, I am here tonight as a you do not like. That was the answer not the hope and change that was medical doctor to try to give some as- from the White House. promised. surance to the American people that Our leadership said, Well, at least do I have been joined tonight by several there are people here on the Repub- this: Let’s take the ramrod out. The of our Doctors Caucus members, a cou- lican side that are fighting against this ramrod has to do with the rule over on ple freshmen and then a longstanding government takeover of the health the Senate side that’s called ‘‘budget Member of the House that have come care system. reconciliation,’’ and it’s a way of try- tonight to talk to the American people, Mr. Speaker, the American people ing to ram things through the Senate. Mr. Speaker, through this Special have spoken very loudly. A recent poll The White House says, No, we won’t Order about ObamaCare to let people showed that 70 percent of Americans do that. We’re going to ram it down the know that Republicans are the party of either want us to scrap the ObamaCare throats of the American people wheth- ‘‘know.’’ plans, the House plan and the Senate er they like it or not, and we will do it To begin with, I would like to wel- plan, and it would include his new plan without your help. We will do it solely come and yield to a freshman, another because it’s the two plans put together, with Democrats doing this. And we family doctor from the State of Lou- or do nothing. Well, frankly, as a med- don’t care what you say. We don’t care isiana, from Shreveport, Louisiana, Dr. ical doctor, I don’t want to do nothing. what you believe. We don’t care what JOHN FLEMING. I have introduced my own health care you bring to the table. We’re not going Mr. FLEMING. I thank the gen- finance overhaul plan, H.R. 3889, which to consider your proposals. We’re not tleman from Georgia, PAUL BROUN, a is a comprehensive overhaul of the going to consider anything that you’re fellow family physician, a fellow con- health care system. It’s a little over 100 offering. We’re going to do it our way, servative who has been a great inspira- pages. It would put patients in charge like it or lump it. That’s what the tion for me, a great Member, and under of health care decisions, along with White House told our leadership. whose leadership many of these issues their doctors. And even Medicare pa- Is that what the American people have been very valuable to me. Mr. Speaker, what I’m going to do is tients. It would stop this government want? I don’t think so. I don’t think so just touch very lightly, just highlights, control of health care dollars and at all. That’s what the White House has on where we started with this and would put those decisions back in the said. Now, that was in a private meet- where we are today and certainly yield hands of the patients and the families ing. They’ve suggested that we have this back for others to weigh in on this. where they should be. So Republicans It’s been slightly less than a year ago open bipartisan meeting televised, and, are the party of k-n-o-w, ‘‘know.’’ that we began to see a strong move- frankly, I think it’s just nothing but We’ve tried real hard. ment towards the passage of health But the President has proposed this political theater to try to force down care reform in Congress. Quite frankly, bipartisan summit. But a senior White the throats of the American people a I ran on health care reform as a physi- House official said Thursday the Demo- government takeover of health care so cian, and I’m sure Dr. BROUN sees many crat negotiators, talking about this that government bureaucrats here in of the things that can be fixed in our summit that is going to occur this Washington, D.C., make your health system that are problems. Having said Thursday, the Democratic negotiators care decision if you’re out there in that, we have the best health care sys- are resolving final differences in House America; that’s going to tell doctors, tem in the world. How do I know this? and Senate health bills. That’s what we patients, and families whether they Well, just one of many empiric facts is saw just this week in the Obama ad- can get care or not, whether they can a gentleman—I believe his name is Mr. ministration’s proposal that’s on the have a medication that may be even a Williams—who is Premier of Newfound- White House Web site right now, 11 lifesaving medication or not. And the land, who needed heart surgery, and pages, no bill, no legislative language. cost is going to go up. What’s that the type of heart surgery he needed We do not have a bill. All we have are going to do? Because the costs are was simply not available in Canada. So bullet points and ideas that they have going to go up, it’s going to hurt small he came to the U.S. of A., the good old now resolved the differences and have business. It’s going to hurt workers. U.S. of A., to have that heart surgery one bill that passed last year with vir- It’s going to hurt the middle class. because that’s where the cutting edge tually no Republican help. We’re told one thing by the President, is for health care. If you really need Our leadership went over to the but the President says one thing and health care, the best of health care, White House and said, We’ll be glad to does something else. and you have the resources, the U.S. of come. We’ll be glad to try to solve this It’s a sad day. It’s really a sad day. A. is the place to get it, but we need to problem for the American people. Our It’s a sad day for my patients. It’s a sad be sure that good health care is avail- leadership, our Republican leadership, day for working men and women in able to all. has offered a hand out to the White America. It’s a sad day for those people Less than a year ago, there was House and said to the White House, We who are struggling to make ends meet. launched, by both the House and the want to find some commonsense solu- It’s a sad day for those people who are Senate, efforts to pass health care re- tions. It’s good for patients, good for on government assistance today. It’s a form, which really turned out to be, in small business, good for America. We sad day for America because I think my view, nothing more than a govern- need to start all over again. Let’s find this dog and pony show, this charade, ment takeover of health care. some areas of mutual agreement. Let’s this ruse that the White House has put find where we can agree on issues, together for Thursday is nothing but b 2200 where we can pass something to lower something to try to pull the wool over Both bills are very similar. Both the cost of health care for all Ameri- Americans’ eyes. passed, of course, each House. The one cans. Let’s try to find some solutions The good news is, though, America, I or two major differences would include to help those who are struggling to pay don’t think, is going to buy it because the House bill has a government op- their bills and can’t buy health insur- the American people get it. tion. The taxation is heavy in both.

VerDate Mar 15 2010 04:07 May 18, 2010 Jkt 089060 PO 00000 Frm 00089 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H23FE0.REC H23FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H740 CONGRESSIONAL RECORD — HOUSE February 23, 2010 The financing is heavy in both, but middle class people paying it. This is waii got a special exemption for higher very similar. not indexed either, so sooner or later, Medicaid DSH, or ‘‘Dish’’ payments. On But, to cut to the chase, it cuts out middle class taxpayers will be paying and on and on, there are all sorts of a half-trillion dollars from Medicare. It those taxes. deals still in this bill that have not taxes people $800 billion, and it does Mr. BROUN of Georgia. Will the gen- been cut out. not bend the cost curve down. Even the tleman yield a second? And so I agree with the gentleman. CBO says that. Mr. FLEMING. Yeah, sure. As we go into this summit, health care Now, we have a situation, despite the Mr. BROUN of Georgia. I want to summit on Thursday, there’s no doubt fact that all of us here who are speak- point out something too so that we un- about it. The American people need to ing tonight have been working very derstand. We keep hearing from the understand that this is not about a hard for many months, day after day, President, we want to tax the rich. true negotiation. The Republicans have night after night, attempting to drive a Most small businesses in this country been locked out of negotiations. We’ve wooden stake in the heart of this vam- file their income taxes individually be- been locked out of amendments. pire, the government takeover of cause they’re sub S corporations, Despite what I hear my Democrat health care. And it seems, even when which means that their income taxes colleagues say, we do not agree with 80 it’s dead, it seems to be rising again. are filed individually, as a person or as percent of this bill, not by any stretch Now, you know, it started out with a a couple. And over half of those people of the imagination. slight approval rating in the early that make over $200,000, which is in the And so why now would we have this days. I mean, who wouldn’t be for President’s current proposal, are small summit in front of the cameras? The health care reform? It sounds like a businessmen and women, and it’s taxes reason is, as I said, is because this bill wonderful idea. But as people began to on their business. So, by taxing folks is nearly dead. It’s trying to be revived, learn about it, and certainly when we making over $200,000 or over $250,000, and now this is time for the Hail Mary. got to the August recess where there what it’s going to do is it’s going to The President’s going to jump in there were town hall meetings, we saw situa- take money out of small businesses so and try to revive this somehow at the tions where people became so angry that they can’t expand, so that they last minute. they were almost, I would say, out of cannot give their employees the kind And so I submit, Mr. Speaker, that control at times, very angry at many of salary that their employees deserve. it’s time to kill this once and for all. of their representatives across the And I’ve talked to a lot of small busi- Let’s go on to true health care reform, country who would dare want the gov- nessmen and -women in Georgia who stand-alone bills, starting with the ernment to take over the most inti- are going to have to let people go. So low-hanging fruit, one at a time, at- mate part of our society, and that is this is going to cost a lot of jobs. In tacking the things that we know we can all agree on: Preexisting illnesses, health care. fact, millions of jobs all over this coun- And so, little by little, and maybe try are going to be lost because of this aggregating employees into large buying pools, purchase of insurance across not so little by little, but perhaps even tax, so-called tax on the rich, because State lines, tort reform—these things rapidly, we saw the approval rating of it’s really a small business tax. It’s a are straightforward. We could improve the government takeover of health tax on small business that’s going to health care and lower the cost over- care drop. And today, 2 to 1 Americans cost millions of people their jobs in night by doing these things. And then are against this. And those of us who this country. They’re going to be out of get back to the people’s work, and that were against it, it doesn’t matter what work, and so we’re going to have more is creating jobs for this country. I party you’re in—it doesn’t matter. I joblessness in this country if this mon- thank you and I yield back. mean, the only thing bipartisan about strosity gets passed into law. I thank Mr. BROUN of Georgia. Thank you, these bills we can actually say is that you. I yield back. Dr. FLEMING. I appreciate it. Now want there are people on both sides of the Mr. FLEMING. Yes. I appreciate the to yield some time to another great aisle who are against it. But the bot- gentleman, Dr. BROUN. Absolutely, member of our Doctors Caucus, Dr. tom line here is that Americans do not that’s the working capital for small JOHN BOOZMAN from Arkansas. And Dr. want this. businesses. You add to that that there BOOZMAN, before you start, I want to I perceive us today, at this point in will be as much as an 8 percent payroll say that just to kind of tag on to what time, to be two touchdowns ahead, and tax for businesses that heretofore could Dr. FLEMING just said about the Lou- 2 minutes left in the fourth quarter. not afford health care insurance, and isiana purchase. He’s from Louisiana. The debate is over among the Amer- they’ll have to pay the insurance with- But this new proposal that President ican people. out getting that. And then their em- Obama has put forward is going to ex- Yet and still, we have the President ployees, who will not be able to afford tend the Louisiana Purchase to every and Members of the House and the Sen- to buy insurance, will be—instead of State. Now, the governors are going to ate, Democrat Party, who still want to paying $750 per person under the Sen- love that, and the State legislatures find a way to cram it through. And one ate version, it’ll be $2,000. So we have are going to love that, because what of the things they’ve come out with is many things that are going to be job- it’s going to do is it’s going to take just the release, less than 24 hours ago killers out of this bill. some of the financial burden off them perhaps, maybe a little more than 24 And last but not least, just when we for health care costs that are sky- hours ago, of a compiled version of the thought all of those bad deals that rocketing because of the Federal Gov- two bills. And here is what we have. really got this thing in trouble to begin ernment. But what it’s going to also do The bill is most like the Senate bill, with were going away, we find the Lou- is it’s going to put a heavy burden on that is, the Obama 2.0 that Dr. BROUN isiana Purchase, the $300 million for all the taxpayers in this country. So refers to is most like the Senate bill, Medicaid to Louisiana, which—Lou- the taxpayers are going to hate the but it increases spending by $100 bil- isiana needs money to offset a FMAP Louisiana Purchase. And it’s just a lion. It increases premiums that are al- problem, no doubt about it. But the cost shifting, basically, from a State ready going to increase by $2,100 per problem is, if this bill goes to signa- level to a Federal level, and again, it’s family per year. And it does something ture, that $300 million will be swal- a Federal takeover of the health care unbelievable, unprecedented. It actu- lowed by a billion dollars of additional system, and to get the States, as well ally begins to tax, by a factor of 2.9 cost down the road that Medicaid is as private insurance, out of the health percent, unearned income. That’s the going to cost. So no real benefit to the care system, so—Louisiana Purchase. capital gains tax, interest income. State of Louisiana. So I appreciate Dr. FLEMING bringing These are all things that come to peo- The Yukon deal—Senator DODD up the Louisiana Purchase. ple who, in many cases, have fixed in- added $100 million for a hospital that Dr. BOOZMAN, I yield to you whatever comes. And of course, yes, it is the peo- he liked for his State. time you may consume. ple who make over $200,000 a year. Gatorade—Ben Nelson secured extra But you know what? Where are we benefits for Medicare Advantage bene- b 2210 today with the AMT tax? It was never ficiaries. The handout, the Montana, Mr. BOOZMAN. Thank you very indexed for inflation, and now we have the North Dakota Senators deal, Ha- much.

VerDate Mar 15 2010 04:07 May 18, 2010 Jkt 089060 PO 00000 Frm 00090 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H23FE0.REC H23FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 23, 2010 CONGRESSIONAL RECORD — HOUSE H741 I agree. That sounds good in the Dr. BOOZMAN, please say that again three physicians from Louisiana in sense of taking an additional role by very clearly so the Speaker and any- their delegation. the Federal Government paying for body watching tonight can understand. I want to welcome and yield to Dr. these things. The problem is, we’ve got Mr. BOOZMAN. Again, and this is not BILL CASSIDY for such time as he may a proposed budget by the administra- a Republican or Democrat thing. I am consume. tion of $3.8 trillion. Almost half of that just saying health care providers Mr. CASSIDY. Dr. BOUSTANY will be money is borrowed from people like amongst all of us. When you add the at the summit meeting. Saudi Arabia, China—people that don’t experience up, the years of practice and Mr. BROUN of Georgia. Oh, really? like us very much. And the American things, you would think that this is the That is news. Hallelujah. Praise the public knows it just doesn’t work. group that you would call on first to Lord. These things sound good but at some get over and give you good advice. Mr. CASSIDY. Clearly, I think we point, you have got to pay your bills, Mr. BROUN of Georgia. Reclaiming can all agree on what are the goals of and we’ve got to start paying our bills. my time, I agree with you. In fact, I in- health care reform. We want access to The President outlined his plan, and troduced H.R. 3889, a comprehensive quality care at an affordable price. And the reality is he’s not hearing the con- bill, a little over a hundred pages, that it kind of gives us a nice way to judge cerns of the American people. He is not totally would change health care fi- each of these. hearing the concerns of the people of nancing in America and it would give I am struck. Medicare is going bank- Arkansas. What he is doing is he is patients the power to make the deci- rupt in 7 years. Medicaid is bank- telling us what health care coverage we sions along with their doctor. rupting States, and we’re about to cre- can have as opposed to what the Amer- I wrote the President. He said, If you ate a third entitlement to rescue the ican people want. have any ideas, my door is always first two. And a third entitlement that The American people now in over- open. But I’ve been knocking on that is going to be based upon the House bill whelming majority have said, ‘‘No. door over and over again, and it is and the Senate bill. The Congressional This is not the bill we want.’’ Right slammed shut, locked, and I’ve been Budget Office has said of both the now, we’re spending more than any trying to open that door that he said House bill and Senate bill that they other country in the world by far with was open and it’s not been opened. more than double costs within 10 years. our health care system. The proposal I know other members on our side, So we’re going to go from a status that we have will spend almost another Dr. PRICE from Georgia, another physi- quo which may double costs in 10 trillion dollars and yet costs will con- cian, orthopedic surgeon, has intro- years, to a reform which more than tinue to rise. duced the Republican Study Com- doubles costs in 10 years. So, again, instead of trying to do mittee Bill, H.R. 3400. Dr. PRICE has of- Folks ask me how do I like my first something in the free market way to fered to talk with the administration. year in Washington, D.C. I say, it’s a lower costs, what the bill actually does The door is locked. Bolted. Closed shut. crazy place. We pass a reform to con- is basically say we’re going to do that Republicans Go Away is the sign on the trol costs which is more expensive than by setting price controls. And price door. And we’re not being included in the status quo—and that is important controls don’t work. What we’re going this so-called summit, bipartisan sum- because the American people since Au- to do is have rationing, and we will mit, on Thursday. gust have been saying, Mr. Speaker, have decreased quality of care. Why don’t they want us there? Be- that we need to control costs. They un- Another real concern I’ve got is the cause we know about health care. derstand that you can give everyone abortion coverage. The Hyde amend- They’re not interested in what we, as access, but soon our costs are out of ment has always said that we’re not physicians, know. They’re not inter- control and access is gone. You can going to pay for abortions with tax- ested in our ideas. They’re not inter- give everybody the highest quality, but payer funding, and yet this bill leaves ested in any Republican ideas. unless you control costs, again you that wide open. This is a ruse. It’s a show. Nothing break the bank. The Medicare payroll tax. The ad- but a dog-and-pony show to try to So the American people since Au- ministration is talking about putting a boost the President’s approval ratings gust, and with the Senate election in 2.9 percent tax on non-wage income, or try to make him look as if he is Massachusetts putting an exclamation and I don’t think the American public reaching out a hand of bipartisanship mark behind the sentence, are saying, understands yet that that is in there or trying to find solutions for the Amer- Control costs. being talked about, the ramifications ican people. Actually, it’s a fist that he Now as it turns out, the proposals be- about that. But when you start taxing is showing us, and it’s a closed fist. It’s fore the President, the Senate bill, dividends, when you start taxing inter- a closed, locked door, and it’s nothing again, according to Congressional est, capital gains, things like that, but a show or a charade to try to look Budget Office, more than doubles costs those are the kinds of things that are to be something different than it is. in 10 years, and the President’s pro- creating jobs. Thank you, Dr. BOOZMAN. posal will be a hundred billion dollars My frustration is instead of coming We are also joined tonight with an- more expensive than that. out with things that are job creators in other colleague. Louisiana is blessed by Now, the President is billing this as a this economy, we continue to have having three physician members of the tax cut to the American people, but these things thrust upon us that are Republican delegation here. We heard really it’s a shell game. Some folks really job killers. from Dr. JOHN FLEMING just a moment will have their taxes simultaneously The group that he is not talking ago. We have Dr. CHARLEY BOUSTANY raised and their subsidies increased. about—and we were discussing this ear- from Lafayette, Louisiana. Lafayette Now, that’s a crazy thing, but on the lier, and I will yield to my colleague is one of my favorite towns. I’ve got other hand, if you’re going to subsidize here—are the health care providers. some great Cajun buddies that I duck- here, you must tax there. And because Tomorrow, Thursday, there is going hunt with down there. In fact, I talked some of the things being taxed are in- to be the meeting, and there is prob- to one today about he’s coming to surance policies—insurance policies ably 17, 18, 19, 20 Members of Congress Georgia and wants to go turkey hunt- owned by union folks, for example, who that are health care providers, and ing. Shelly Deshotels from Lafayette, negotiated this through their wages— none of those are over there actually Louisiana is a good friend and a turkey there will be a tax on folks who most talking about what’s going on. hunting buddy. And Shelly Deshotels consider middle income. Mr. BROUN of Georgia. Let me re- told me today, ‘‘Keep fighting.’’ He What are the alternatives? You men- claim my time here. doesn’t want to see this health care bill tioned something earlier, Dr. BROUN. I Let’s say that again so we under- passed anyway. said, man, you can tell the guy’s a fam- stand. The American people say, We’ve got another physician, Dr. ily physician. You talked about em- ‘‘What? You’re not including doctors BILL CASSIDY, who’s joined us today. powering patients. I think the funda- who are taking care of patients? How Louisiana is like Georgia. We have mental difference between the Repub- are you going to form a health care three physicians from Georgia in the lican proposal and the Democratic pro- system?’’ Republican delegation, and we have posal is that the Democratic proposal

VerDate Mar 15 2010 04:07 May 18, 2010 Jkt 089060 PO 00000 Frm 00091 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H23FE0.REC H23FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H742 CONGRESSIONAL RECORD — HOUSE February 23, 2010 is a top-down, control costs from Wash- Now, if our goal is to give high qual- antibiotics at all. They don’t need to ington, D.C., type approach. ity care to all at an affordable cost, spend that money. They don’t need the Mr. BROUN of Georgia. That doesn’t well, what we just found out is with the exposure to the antibiotics. Less control costs. HSA you lower the cost by 30 percent. chance of having anybody have allergic Mr. CASSIDY. Dr. BOOZMAN just Okay. That is one of your goals. And reactions, less chance of developing the pointed out that the price controls they are using preventive services as superinfections in this country. upon insurance policies is the ultimate frequently. So they have access to I do that test, a CBC in my office, in in a top-down, bureaucratic, doesn’t quality care. As it turns out, because it 5 minutes. It costs $12. That is what I matter what the market says, we’re is lower cost, 27 percent of people in charged. That is what I charged Medi- going to control your costs from Wash- this study who had a health savings ac- care and Medicaid as well as the pa- ington. It never has worked. count with a catastrophic policy were tients. So this was a tool that I could On the other hand, the Republican previously uninsured. About 50 percent use in my office, fully quality con- approach is patient-centered. You and I had a family income of $50,000 or less, trolled. But Congress, in its supposedly know as physicians—and I am still see- and about 60 percent had a family in- infinite wisdom, in fact, Mr. WAXMAN, ing patients. I see them about once come of $70,000 or less. who is right in the middle of trying to every 2 weeks in my practice. I work in So again, by lowering costs 30 per- push forward this government control a public hospital treating the unin- cent, people who were formerly unin- of health care, was the one who pushed sured. If you involve the patient in her sured now have access to quality care. through CLIA—one of the ones. care, she typically is healthier, she That is a patient-centered approach, After CLIA shut down my lab and saves money, and the system saves far different from the bureaucratic ap- every lab in doctors’ offices across the money. proach that is being offered by the Sen- country, to do that same test I had to send my patients across the way to the b 2220 ate and House bills. But from our experience as practicing health care pro- hospital. So they had to leave my of- Health savings accounts, Dr. BROUN, I viders, I think we can say it is the fice, go over there, spend 2 to 3 hours know you know this, but for the audi- right approach. doing what I could do in 5 minutes, $75 ence, a patient will put, with pretax I yield back. for one test. Twelve dollars to $75. Five dollars, before you are taxed on it, will Mr. BROUN of Georgia. Thank you, minutes to 2 to 3 hours for the patient. fund a bank account, and that bank ac- Dr. CASSIDY. Now, what do you think that did to count is used to pay for medical care. One other thing that I want to add, the cost of everybody’s health insur- As it turns out, with traditional in- too; not only is it less expensive, peo- ance in this country? What do you surance, say a family of four puts up ple can afford to buy insurance where think it did to the cost that Medicare $12,000, and then a year later they put before they had not been able to. They has to pay for lab services? It rose the up another $12,000, and then a year use more preventative services, but cost of health care markedly all across later they put up another $12,000. With they take care of themselves better. So this country. And that is with one gov- a health savings account, if you don’t they are healthier. Diabetics control ernment intrusion, CLIA. We have hun- use the money, it rolls over to the next their blood sugar better. People who dreds. year. And some families will continue have high blood pressure control that Not long ago Congress passed HIPAA. to accumulate until the amount they better. Folks with high cholesterol HIPAA has cost the health care indus- have to put in is zero because they tend to get their cholesterol lowered. try billions of dollars. It is totally have been so wise with how they spend They have less heart attacks, strokes. unneeded regulation. It has cost the their money. So they are healthier. They live longer. health care industry billions of dollars A good example of this, I am sorry They are more productive. They are and has not paid for the first aspirin to Dr. FLEMING left, because he talks happier. They feel better, have more treat the headaches it has created. about how his medical practice went to energy. So it actually promotes What does that do to my insurance HSAs for all the employees. And he has wellness. costs and the American people’s insur- an employee who was smoking. And If you really think about it, in the ance costs? It drives it up markedly. she complained, because before the in- health care system today, we are not Somebody has to pay that billions of surance paid for inhalers—the smoking taking care of healthy folks, for the dollars for that one government regula- had given her asthma—and now she had most part. We take care of sick people. tion that was put in place by Congress to pay for it out of her own pocket. So That is what doctors do. That is what and the President signed into law. It before she was cost-insensitive, and hospitals do, take care of sick people. has cost the health care industry. It now, because it is out of her bank ac- Some people say we have a sick care costs all of us a tremendous amount of count so to speak, she is aware of it. system. Well, the system is sick be- money. And Dr. FLEMING said to her, Well, cause of the government. So it is government regulation, gov- you know, if you stopped smoking, you Before I go back to Dr. BOOZMAN, I ernment intrusion in the health care wouldn’t need that inhaler. want to tell a couple of stories about system that has raised the costs for me And she goes, Really? my practice and how government in- and for my patients. And here we go He goes, Yes. trusion in the health care system has with another government bill, another She stopped smoking, her health is driven the cost of health care up for ev- government takeover that is going to better, she no longer pays for inhalers, erybody. Back several years ago, I was put cost controls, that is going to put and we are controlling costs overall. So practicing medicine down in rural taxes out the wazoo for everybody in by involving somebody in her care, her southwest Georgia. Congress passed a this country. So it is going to cost ev- health is better, the system saves bill called CLIA, the Clinical Labora- erybody. And I believe it is totally de- money, and she has more money in her tory Improvement Act, and what this signed, to go back to what the Presi- pocket. did is it shut down every single doc- dent said just a couple of months ago, And, by the way, one last thing be- tor’s lab in this country. that he wants to go to a government- fore I yield back, the Kaiser Family Prior to CLIA, I had a fully auto- controlled, centrally run health care Foundation has a study. They found mated, quality controlled lab in my of- system, socialized medicine run from that a family of four with a health sav- fice. And when patients came in to see Washington, D.C. ings account, that that policy is 30 per- me with a red, sore throat, running a Before, Dr. BOOZMAN, I go to you, I cent less expensive than a traditional fever, coughing, runny nose, I would do just want to point out a couple things insurance policy for a family of four; a CBC, or complete blood count, to see on this chart. What is in the new bill? that the family with the health savings if they had bacterial infection and, It is just more of the same. It is the account and the catastrophic policy on thus, needed antibiotics, needed that worst of the House bill, worst of the top, not only is that policy 30 percent expense, needed the exposure to the Senate bill put together. It is more of cheaper, but they use preventive serv- antibiotics and problems that may the same. It is a government takeover ices as frequently as a family with a come from that, or whether they had a of health care. There is no question traditional insurance policy. viral infection that is not helped by about it. There are price controls, as

VerDate Mar 15 2010 04:07 May 18, 2010 Jkt 089060 PO 00000 Frm 00092 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H23FE0.REC H23FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 23, 2010 CONGRESSIONAL RECORD — HOUSE H743 Dr. BOOZMAN was talking about. There whole purpose of the Pelosi bill in the HSA, I pay for this out of pocket, can are a lot of individual and employer House, the Reid bill in the Senate, both you do me something different? And mandates. ObamaCare and now the proposals that the physician said, oh, you have an So if you have health insurance and the President put forth yesterday HSA? Tore it up and wrote a prescrip- you like it today, it is going to go morning, is a government takeover of tion for generic and it cost him $20. away, because the Federal Government health care, to tell the American peo- The system just saved $139. and the Federal bureaucracy in Wash- ple the kind of care that they can get. I have another patient who called ington, D.C., is going to put mandates Whether they can get it or not, it is me—I am a liver specialist—called me on your health insurance to the point going to take the decisionmaking proc- up, and she says, Dr. CASSIDY, I have a that it is going to go away. ess out of the hands of patients and bad heart. My doctor over here said I b 2230 families, out of the doctor’s hands, and needed this test because of my bad it is going to put it in—all those deci- liver, not my heart, but rather my In fact, I believe it is geared up to try sions are going to be made by govern- liver. And I said, from a liver perspec- to put all health insurance companies ment bureaucrats here in Washington, tive, you don’t need it. She said, well, out of business so that there is only D.C. I will pay for it if I need it, I have an one health insurer in America, and So with that, I yield to Dr. BOOZMAN. HSA, but I will pay for it if I need it. that is the U.S. Federal Government. Mr. BOOZMAN. Well, again, I would I said, no, ma’am, you do not need it. There is no medical liability reform. add that I was a health care provider, The system saved $1,000. Because she The President talked about he wanted but I was also a small business person had an HSA, she was motivated, she to have medical liability reform. It is in the sense that we had about 85 em- was motivated to find out how much it not in any of the Democrat bills, the ployees that we had to meet payroll cost and then to see if she really need- House bill, the Senate bill, nor is it in with. And always our biggest cost of ed it. ObamaCare II. It still puts Washington doing business, our biggest expense was Mr. BOOZMAN. Will the gentleman bureaucrats in charge of defining what health care insurance for our employ- yield? is quality health care. In fact, in the ees. Every year the guys would come Mr. CASSIDY. I will. stimulus bill, the nonstimulus bill—the along and they would say, well, your Mr. BOOZMAN. Under these plans, failed stimulus bill—the Democrats put premium is going up 10, 15, 20 percent, the generic is not covered in the HSA; in something that’s called—what was it whatever it is. The major problem that is that not correct? Can you comment called? I’m having a brain freeze here. we have going on right now is in- on that? It’s called an Effectiveness Research creased cost. And as was discussed ear- Mr. CASSIDY. That is correct. It is Council, or Comparative Effectiveness lier by my colleague, you know, things kind of a crazy thing where if an HSA Research is what it’s called. What that like health savings accounts, those are is used for a generic price on an over- is geared to do is physicians look at free market reforms. It is a free mar- the-counter drug, which is what we are the comparative effectiveness of dif- ket reform that lowers cost. Associated describing here—— ferent treatments, whether if you have health plans, allowing my barber with Mr. BOOZMAN. Which lowers cost. cancer, whether surgery, or chemo- his two or three employees to team Mr. CASSIDY. Which lowers cost, it’s therapy, or radiation therapy—or a with maybe thousands of barbers to get not available for an over-the-counter combination of all three is better. a much lower rate. And then lastly, medicine. And so that $20 prescription That’s what we do in medicine. controlling the nuisance lawsuits. is actually over-the-counter medicine, The comparative effectiveness that Those are free market reforms that and we’re talking about ulcer medi- the Democrats have put in place actu- would lower costs, which we des- cine. So in this way, the patient reacts ally is geared towards how to spend perately need. The problem is—and so as to take care of her health and to dollars. It is the comparative effective- again, I don’t know who the President lower her cost. And in millions of those ness of spending $1 on a 40-year-old is listening to—but those types of interactions across the Nation, not versus a 65- or 70-year-old. And so the things are not included in the bill that from Washington, D.C., but rather from way the whole system is set up, it we see. the exam rooms themselves is how the means that the Medicare recipients are The only thing I would say though is, system saves costs. going to get thrown in the stick. Sen- instead, there is no control of cost, and You recall, Dr. BROUN and Mr. Speak- ior citizens, under the comparative ef- what we have is in the fine-print wage er, how we spoke of the HSAs being 30 fectiveness, are not going to get the and price controls that they’re just percent cheaper. Well, that’s why care; they are going to be denied it by saying, well, we are going to dictate they’re 30 percent cheaper because pa- the Federal Government. the cost. And again, as my colleague tients are incentivized to control their Cuts Medicare Advantage. It still said earlier, that just doesn’t work. cost. raises taxes. There is over a half of a That has been proven with several ad- One last thing I will say. When you trillion dollars of increase in taxes, and ministrations in the past that it is ask a crowded room who is most re- this is the only way that they can even going to lead to rationing and de- sponsible for each person’s health, we get it anywhere close to the kind of creased quality of care. all know that it is that person in par- numbers that the President promised. I yield to you. ticular. So what the Health Savings And he and his administration have Mr. CASSIDY. You know, it is inter- Account does, the patient-centered ap- used what I call ‘‘voodoo economics.’’ esting because we can see from the Re- proach does, it says that the patient is The reason I call it voodoo economics publican administration of Richard most responsible for his or her care, is because you have to be a dead man Nixon, the Democratic administration and in so doing, we trust that the pa- walking around with no soul to believe of Jimmy Carter on oil and gas, that tient, with her physician, will make the economic parameters of the eco- when you try to artificially control the right decisions. And the story of nomic issues that they’ve put in place. price with regulation, it doesn’t work. Health Savings Accounts is that that is But this Obamacare raises taxes and You have to address the fundamentals. true, that is a well placed trust. will raise taxes on virtually everybody. So let me give an alternative be- Mr. BROUN of Georgia. Well, I will And it still gives the government-run tween this top-down bureaucratic reclaim my time, and I thank you, Dr. plan a beachhead to eliminate private means of control and a patient-cen- CASSIDY. insurance. And I think this is the bot- tered approach. I was speaking about In fact, my health care overhaul bill, tom line. This is the purpose that HSAs and patient-centered approaches H.R. 3889, expands health savings ac- HENRY WAXMAN and CHARLIE RANGEL with a constituent, and he says, you counts, creates Medicare health sav- and Ted Kennedy and NANCY PELOSI know, doc, I take a pill for my ulcer. ings accounts. So it puts Medicare pa- and GEORGE MILLER and a lot of people Now, I have an HSA. My physician tients in charge of their own dollars, have been pushing, the government wrote a prescription and I said, physi- and they own those dollars. And those takeover. They’re very open and frank cian, I know from experience that this dollars, if they’re not expended, would about it, and I congratulate them for pill is going to cost me $159—he didn’t roll into their estates so that their being at least halfway honest. But the say $160, he said $159. He said, I have an heirs would get them.

VerDate Mar 15 2010 04:07 May 18, 2010 Jkt 089060 PO 00000 Frm 00093 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H23FE0.REC H23FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H744 CONGRESSIONAL RECORD — HOUSE February 23, 2010 We pay our Medicare taxes to the posals that we have put forward. Doc- There was great applause after each Federal Government, and we should get tors have not been enjoined in this one of the sets of comments that were it back. I am an original intent con- process. The American people have not made, and I think that it was, again, a stitutionalist, and I understand that been in this process. And the American terrific example of how we may differ some people would say, well, Dr. people need to say no to ObamaCare. philosophically on issues but of how we BROUN, an HSA is not constitutional f care for each other on a personal level under Medicare, but we’ve got to fix and of how we respect each other de- Medicare. And it is a bridge to help b 2240 spite our philosophical differences. Medicare patients start controlling EXPRESSING APPRECIATION FOR I want to pay my tribute to Mr. KIL- their own costs and controlling their REPRESENTATIVE DALE KILDEE DEE for the wonderful service that he own money and controlling their own has given to the people of his district The SPEAKER pro tempore (Mr. health care decisions. That is exactly and to his steadfastness in coming to SCHAUER). Under a previous order of what my bill, H.R. 3889, would do. this floor day, after day, after day and the House, the gentlewoman from But I wanted to go back to this sum- for voting and for missing only 27 votes North Carolina (Ms. FOXX) is recog- mit just in the last few minutes that in 33 years and for being in a very elite nized for 5 minutes. we have. Actually, the mainstream group of people who has served in the Ms. FOXX. Mr. Speaker, today on the media has written some articles that House of Representatives and has cast floor, we had a rare occasion when we just came out today, and I wanted to 20,000 votes. were able to congratulate one of our read a couple of things from the main- Mr. KILDEE, we love you and respect colleagues, Mr. KILDEE from Michigan, stream media. The President has you, and we hope you are going to be for casting his 20,000th vote. talked about he wants to reach out in around to cast many more thousands of It was a great opportunity for us to a bipartisan way. The Wall Street votes. Journal wrote today, Democrats have show our appreciation and affection for decided to give the voters what they a Member who is extraordinarily well f respected and, I would say, even loved don’t want anyway. A San Francisco HEALTH CARE REFORM Examiner editorial said, Republicans by his colleagues. publicly wondered if Obama’s proposal It is unfortunate that so much em- The SPEAKER pro tempore. Under represented a refreshing new attempt phasis in the media is placed on the the Speaker’s announced policy of Jan- by the Chief Executive to display gen- partisanship that occurs here in the uary 6, 2009, the gentleman from Vir- uine bipartisanship and whether they House. We do have strong philosophical ginia (Mr. PERRIELLO) is recognized for should trust him to come to the sum- differences, but on a personal level, we 60 minutes as the designee of the ma- mit with a truly open mind. And that respect each other, and have genuine jority leader. is what we had hoped. affection for each other. That extends Mr. PERRIELLO. Thank you, Mr. Going on with what they said: We even to our staff. Speaker, for giving us this time to- now know the answer to both questions A few weeks ago, we had a similar night to talk about the important issue is a resounding ‘‘no.’’ situation when we had the unfortunate of health care reform and, specifically, The Washington Post said, President passing of Congressman BOEHNER’s about a simple idea on which we be- Obama’s opening bid on health reform chief of staff. She was eulogized here lieve folks across the political spec- is not designed to entice Republicans on the floor by both Democrats and Re- trum should be able to agree, which is to join the game. publicans, and I am so pleased that we that the health insurance companies And as we said earlier, I don’t believe have been able to show, again, that we should have to compete like every the President wants Republicans to do care for each other personally in business in my district and like every join the game, he doesn’t want the this House, because that is not the business around the country. So we Governors to join the game. He doesn’t image that people have of us. come together on a two-page bill— want anyone to join the game because I want to go back to speaking some front and back, only 24-lines’ long— he has set the game rules himself, tilt- more about DALE KILDEE. There is no- that does something very simple: ed towards just what he wants and body in this House, or very few people It removes the monopoly protections what nobody else wants. It is just the in this House, who feel any stronger that our health insurance companies leadership meeting in secret behind about my philosophy than I do. I have have enjoyed for 65 years. Enjoyed be- closed doors, with no input actually the greatest respect and admiration for cause of free market principles? No. from our Democratic colleagues nor Mr. KILDEE. As Mr. JOHN BOEHNER said Enjoyed because of the amount of our Republican colleagues, nor Gov- today on the floor, that is what he money spent lobbying both political ernors, nor health care providers, any- calls him, and that is what I have al- parties to protect that insurance mo- body except just the leadership has ways called him. I have had the great nopoly. brought forth ObamaCare II. pleasure to serve with him on the Edu- One thing we should be able to agree And even in his hometown news- cation Committee as well as on the on, which costs the government noth- paper, The Chicago Tribune—not Page Board. ing, is that health insurance companies known to be a conservative news- I want to say that I have learned a should not be protected as monopolies. paper—said this: Obama wants Repub- great deal from serving with Mr. KIL- The Consumer Federation of America licans to approach the summit in a DEE. He is a fabulous role model for us estimates that this could save con- spirit of compromise. Too bad he’s not all. As was said today, he is always a sumers $10 billion. This is a simple leading by example. gentleman. He is always very calm. He American principle of competition, of So, Mr. Speaker, we’ve spent an hour always gives the impression—and I be- the ending of health insurance monopo- with my colleagues talking about lieve it is a true impression—that he lies. health care. Republicans are the party cares a great deal about the people he I have been joined by several of my of k-n-o-w, know. We can lower the is dealing with and about the people he freshman colleagues tonight, who have cost of health care. We can empower is serving. He loves the House, and he not been stuck in Washington where patients and doctors to make the deci- does his job with great thoughtfulness the logic of protecting monopolies may sions and start health care reform, and diligence. make sense. We are coming from Main health care financing reform, that I want to say that he is, I think, a Street where people still believe in makes sense economically, that will great role model for all of us. It has competition and accountability and in cover those that are uninsured, that been my pleasure to be able to serve the kind of principles that will ensure will cover those who have preexisting with him, again, on the Education consumers get a better deal. When they conditions that can’t get insurance Committee, on the Page Board and are forced to compete, prices come today. We can do those things if the here in the House. down, and quality goes up. It is a very President and the leadership of this I think the comments that were simple principle. House and the leadership of the Senate made about Mr. KILDEE today were My coauthor on this bill, BETSY MAR- would just listen to some of the pro- comments that we all agreed with. KEY from Colorado, has been a great

VerDate Mar 15 2010 04:07 May 18, 2010 Jkt 089060 PO 00000 Frm 00094 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H23FE0.REC H23FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 23, 2010 CONGRESSIONAL RECORD — HOUSE H745 champion of good, commonsense, prag- I think that it’s time for us to make you stand for protecting special inter- matic solutions to our Nation’s prob- certain that there is the competition. est groups? lems. Certainly by moving with this reform We have a chance tomorrow, hope- With that, I recognize the gentlelady to McCarran-Ferguson, we now can fully on a bipartisan basis, to come to- from Colorado. hope for a better day for America’s in- gether and do this one thing. While we Ms. MARKEY of Colorado. Thank sured. It is so important for us to make can agree or disagree on the overall you very much, Tom. certain that this 65-year-old prohibi- health care approach, can’t we agree You know, for years, I operated two tion is undone. And as Representative that removing the monopoly protec- small businesses. One was a small PERRIELLO said, this costs government tions that make no sense to ensure Internet company, and the other one nothing. It is the sort of reform that I competition and accountability is a was a coffee shop. I remember years believe can drive wonderful benefits for good thing we can all agree on, we can ago, before I sold one of my businesses, the people of this country as they have all read over a single cup of coffee, and a national coffee chain came into town. looked at these exorbitant prices where we can all move forward with the b 2250 we’ve seen huge increases, where American sense of competition and ac- there’s a need for a stronger bed of countability? And we weren’t given any special With that, I yield to a gentleman Federal protection. When you’re faced oversight, of regulation, making certain that the double-digit percentage who spent much of his career under- with competition, you do what any standing the insurance industry in his small business does. You know what increases are not tolerated, are not just rubber-stamped in a way that real- State and around the country. I yield you need to do. You know how to com- to the gentleman from California (Mr. pete and lower price or serve a better ly engages the price fixing, that en- GARAMENDI). product. And I don’t know why the in- gages the efforts out there of greed that with that monopoly power have Mr. GARAMENDI. Thank you, my surance industry for over 60 years has colleague. I look forward to your con- been afforded this special exemption enabled them to really sock it to our health care consumers. We need re- tinued pushing of this issue. from antitrust laws. It was a century ago that Teddy Roo- forms. We need them now. And I think There are only two industries in the sevelt established an effort, the pro- United States that enjoy this exemp- this is a wonderful effort. I want to applaud Representative gressive effort, to push back against tion: It’s the insurance industry and the rapacious greed of Wall Street and PERRIELLO and you, Representative Major League Baseball. Okay, I can un- those who were raping the American MARKEY, for putting forth this initia- derstand Major League Baseball. It is environment and began the progressive tive. I think it’s going to be something our national pastime. But why they movement. Competition was at the that meets with success in this Cham- have been able to have no competition heart of that effort to bring about jus- ber, and then we’re hopeful that we can in the industry, it also affords no inno- tice and an opportunity for the small continue to march forward for that vation in the industry because there is guy to actually make it. no competition. progress to be struck. Right now here in Washington, those Mr. PERRIELLO. Before I turn it Over the past 14 years, there have of us who care about individuals, who over to the gentleman from California, been over 400 mergers in the insurance care about small business, who care I just want to say I’m new to Wash- industry so that now 95 percent of the about the future of this economy are ington and I understand that it’s a city insurance market is considered highly pushing back against those very same concentrated. There are States that where a lot of things are gray rather forces who over the last 65 years have have one or two insurance companies than black and white, but this is a bill been able to embed themselves firmly that are serving them. that really seems to me like it’s a clear in the American system in a way that Again, when we had a small com- situation of black and white. A two- has created greater profits for them at puter business, we had several employ- page bill, 24 lines long that does one the expense of people. The health in- ees who were across State lines, and we thing: removes the monopoly protec- surance industry has clearly put prof- had the availability of one insurance tion of the health insurance companies. its before people, and it’s time for us to company. The prices were expensive. It There are no carve-outs. There are no end that. wasn’t necessarily what my employees exceptions. There are no loopholes. It With this bill, we force that industry wanted to do, but there was no com- is a clean bill. into the same competitive market that petition in the industry. And it’s interesting to go back as we want all of American industry to be This is commonsense regulation. It’s, voters have rightly been frustrated at in, that is, in the free market competi- as Congressman PERRIELLO noted, two all of the special deals that have been tive system, and to no longer be able to pages long, easy to understand, and, cut on the other side of this building to monopolize the health insurance mar- again, it does what we want to do with understand this is not a new thing. ketplace. health insurance reform, which is, Sixty-five years ago the reason we were Let me give you an example of what number one, bring competition to stuck with this problem was the insur- happens in California where WellPoint, lower prices and still maintain afford- ance lobby came in in 1945 and was able Blue Cross of California, has 80 percent able health care in this country. to get this carve-out of monopoly pro- of the individual market. Last year, in With that, I would like to turn it tections that no other industry en- 2009, they raised their rates an average over to my colleague Representative joyed. And it was supposed to be a 3- of 30 percent in that individual market. TONKO. year phaseout. And what happened at The result of that was that their fourth Mr. TONKO. Thank you, Representa- the last second? A special deal was cut quarter profit year to year, 2008 to 2009, tive MARKEY. that removed that 3-year phaseout. increased some 700-fold from 300-plus It is so important for us to under- Since then, the insurance industry has million dollars to over $2.7 billion. How score the value of competition that spent billions and billions of dollars did they do that? They did that by con- drives the American economy. We’ve buying their monopoly protection in trolling the marketplace, having a vir- seen it in so many industries and where this town of Washington. They spent tual monopoly on the market. competition provides choice for con- $400 million last year while they were Now, that wasn’t enough for them. sumers. I think it’s very interesting to jacking up rates, premium rates, and Because of their market control, they note that over the last decade, as aver- out-of-pocket expenses for consumers, have been able to institute, although age households have stayed flatlined for patients around this country. They it’s been delayed, a 39 percent, up to 39 and as insurance premium costs have spent $400 million lobbying to protect percent and a 30 percent average in- more than doubled, the consumers have their monopoly protections. crease in this same marketplace. It is had no choice in some situations. They Sometimes there’s a very clear time, it’s absolutely essential, that have had to tolerate price fixing or in- choice. Do you stand with patients or this two-page, 24-line bill that estab- surance groups dividing up territories do you stand with the profiteering of lishes the antitrust law in this field of amongst themselves or certainly just the health insurance companies? This health insurance be enacted. subterfuging any of their competition is that clear choice. Do you stand for Later, when we come back around out there. competition and accountability or do with another comment, I will tell you

VerDate Mar 15 2010 04:07 May 18, 2010 Jkt 089060 PO 00000 Frm 00095 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H23FE0.REC H23FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H746 CONGRESSIONAL RECORD — HOUSE February 23, 2010 how it worked in California in 1991 Senator Lott said, I cannot, for the life insurance companies, you know, we when we instituted proposition 103 that of me, understand why we have allowed look at that profit column, at some eliminated the ability of the property this exemption to stay in place for so $12-plus billion, a 56 percent increase casualty market, automobiles, home- long. He testified in 2007 in front of the from calendar year 2008 to 2009. $12-plus owners, similar products, limited their Judiciary Committee for that, with billion. You know, those are benefits ability to monopolize and to take ad- that statement. that could be shared. vantage of being outside of the anti- This has broad appeal with many or- As you said, you know, we under- trust laws. ganizations as well. The repeal of this stand it’s a capitalist society. There Let me congratulate you and our col- exemption is supported by the Amer- are efforts out there, obviously, to be league from Colorado for putting forth ican Hospital Association, the Amer- productive and be profitable. But 12 bil- this bill. It is essential. ican Dental Association, and the Na- lion, a 56 percent growth, when average Mr. PERRIELLO. Not to jump to the tional Association of Attorney Gen- household incomes are flatlined, is end of that story, but before we go on, erals. They met 2 years ago, because very difficult to absorb for our con- I do believe when you instituted those right now the States are responsible stituents, for consumers out there. reforms in your State, the premium for monitoring this, and they just don’t And then to even look at the track rates increased at one-fifth, one-tenth have the resources to do this. Forty- record over the last decade from 2000 to of the rate of the rest of the country; is seven out of 50 of our Attorney Gen- 2009, to know that 250 percent increase that correct? erals around this country have said was the outcome for profits. The time Mr. GARAMENDI. Well, what hap- Congress needs to take action to repeal is more than past. pened in proposition 103—and I was the the antitrust exemption from insur- And as all these commissions had in- newly elected Insurance Commissioner ance companies. The other three were dicated, the Association of Attorneys in 1991 responsible for implementing not in attendance, but they voted no. General, all speaking out in defense of the law. The insurance industry had Not a single State Attorney General this. It’s no wonder everyone is pro- the ability to work together to set supports having this exemption for the moting this reform. rates and to monopolize the market in insurance industry. It’s high time. And I, again, want to congratulate a way that was in a pattern to be able Now, I don’t like to demonize one the two of you for putting this measure to have a uniform rate system using particular industry. There’s nothing out there, bringing it to the floor so what was called rating bureaus. We wrong with the notion of profit in this that we can now make a statement, in simply outlawed rating bureaus and country. We are a capitalist Nation. a bipartisan fashion. We hope that to- But the fact is that we also, here in forced each company to use its own morrow when this vote is taken there Congress, need to be guided by the fun- statistical analysis to set rates. The re- will be this effort to speak in defense of damental notion of fairness. And the sult was, over a 10-year period, a $30 consumers who have taken it on the simple fact is that, one, one industry in billion reduction in costs to home- chin. These profit margins are cutting this country has had an unfair com- owners and automobile insurance conaway at their own doability as a house- petitive advantage, and that needs to sumers in the State of California. hold. We can stretch that household end. budget by reducing those insurance b 2300 Mr. PERRIELLO. This is a year when premium costs, and that’s what this ef- I will tell you this, when you force there’s a lot of demand for bipartisan- fort is about: Accountability, afford- these companies to compete, when you ship. And bipartisanship is a wonderful ability, accessibility, quality of care. eliminate their protection from the thing. We already have bipartisan sup- This is a major cornerstone of reform antitrust laws, you will see a signifi- port for this bill. Now, bipartisanship that is outside that package that we cant rate decrease. And when you have can’t be defined by those who want to have been trying to assemble, but this a company such as Blue Cross, that hold Congress hostage and prevent us is something we can do immediately, dominates a segment of the market, from getting anything done. We al- and as has been stated so many times that is what is outlawed under the nor- ready have the unanimous support of over, without any cost to government. mal antitrust laws of this Nation. the Attorneys General in 2007 as you So this is a win for the consuming pub- mentioned, not a single dissenting Ms. MARKEY of Colorado. Thank lic out there. And they deserve this voice in saying this needed to be re- you. And you’re right. The rate in- sort of effort because they’ve gone far pealed. This is not a Federal takeover. creases that families are experiencing too long where this injustice has been The Attorney Generals both want the right now are absolutely allowed to occur time and time again resources to fight this, and they want unsustainable. because of that exemption for an indus- I was home in Colorado last weekend. the expanded jurisdiction. We have 95 percent of our health care try, when all other industries out there I spoke to one woman, she had gotten markets highly concentrated. Presi- are covered by the forces of the anti- an increase in her premiums for next dent Bush called a bipartisan blue rib- trust legislation from McCarran-Fer- year of 35 percent. bon commission together to look at the guson’s Act of 65 years ago. So it’s time Another small business owner in issue of antitrust exemptions, and they for change. It’s time for reform, and I Greeley told me he got a rate increase came back and said there is no jus- believe this brings balance to the equa- of 39 percent. How can you afford that? tification for these antitrust exemption and is the rightful thing to do. And this is at the same time we’re tions to exist. Any arguments that are Mr. PERRIELLO. As my coauthor hearing on the news that the insurance being made are anachronistic, or are from Colorado mentions, this isn’t industry, as a whole, has realized an simply ones that only make sense in- about being anti-insurance. This is over 50 percent increase in their profit side the Washington Beltway. being pro-competition and pro-con- in 2009 and 2008. And yet insurance pre- This is something where we need sumer. It is well past time to put the miums are going through the roof. Main Street values, not Washington patient first in the health care system. Now, this is not anything new. We collusion, to go and challenge these We heard during the last hour some have seen the Ford Commission, anti- monopolies and get competition back of our colleagues from the other side of trust commission, recommend that in the market. I yield back. the aisle talking about the need to pro- Congress take action on eliminating Mr. TONKO. Representative tect the doctor-patient relationship. this exemption. President Bush’s Anti- PERRIELLO, you know, I earlier heard What decade are they living in? The trust Modernization Commission, just Representative MARKEY speaking of doctor-patient relationship has been a couple of years ago, recommended the 400 mergers, and you talked about invaded for decades now. My sister who that Congress take action. that resulting in 95 percent of the mar- is a pediatrician many days spends And in 2007, Republican Senator kets being concentrated. That simply more time on the phone with the insur- Trent Lott and Democrat Pat Leahy states, no choice, no choice for the con- ance company than she spends with pa- got together and proposed legislation sumer. That means a runaway with tients, insurance companies whose that was actually more sweeping than costs that are going to be so inflated. profit motive is based on denying peo- this that affected more parts of the in- When you look at some of the stats ple care, not providing people with surance industry. And at that time, out there, the large five, the big five care.

VerDate Mar 15 2010 04:07 May 18, 2010 Jkt 089060 PO 00000 Frm 00096 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H23FE0.REC H23FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 23, 2010 CONGRESSIONAL RECORD — HOUSE H747 In a good, competitive market, the b 2310 competition into the process, and it insurance companies will profit based Do we stand with families who need doesn’t cost government a dime. on providing quality insurance and health care? Do we stand with individ- I am very happy that this effort is coverage to patients, not by highly uals? Do we stand with young Gloria being made in this House, and I ap- concentrated markets. This is about and her parents and say: End the mo- plaud the sponsors. I applaud all who putting that doctor back in control of nopoly. Put the antitrust laws in place are working to make this happen care, instead of that insurance com- so that the health insurance industry Mr. GARAMENDI. If I might, Mr. pany back in control of care, because has to compete? That’s our choice. And TONKO just reminded me of two cases. through the free market, we can ensure we’ll see tomorrow where we stand. One, a New York case last year in that consumers are moving towards Do we follow the tradition of Teddy which the New York Attorney General the insurance companies that provide Roosevelt, a Republican who went after brought action against 11 insurance that kind of quality care. So this is the big corporations and said that in companies in your State of New York about being pro-consumer and about America, competition must be there, who had conspired not only against being pro-patient and pro-competition. who fought back and pushed back consumers but against doctors and hos- With that I yield. against Wall Street? Or do we stand pitals to artificially lower their rate of Mr. GARAMENDI. Well, there is ab- with the health insurance industry? reimbursement to those hospitals. solutely no doubt that it’s an axiom of That’s our choice tomorrow, and it’s Now, that followed on the heels of American business, and the American there because two Members of this another national case in which insur- economic system, that competition House have put forth a bill: my col- ance companies, the largest insurance leads to good things, lower prices and league from Virginia and my colleague companies in this Nation, also con- better product. But in the case of from Colorado. I thank you for bring- spired against doctors in reducing their health insurance, as we’ve seen over ing this before us so that we can iden- rates in a conspiracy. Those kinds of these last decades, we’ve seen an in- tify with the individuals who need conspiracies are specifically outlawed creasing concentration and less and health care or, on the other hand, with by the antitrust laws of this Nation less competition. This bill will put the insurance industry. and this bill. I thank you so very competition back into the health in- Mr. TONKO. This dynamic of com- much, Mr. PERRIELLO and Ms. MARKEY, surance sector, and it is desperately petition, as the gentleman from Cali- for bringing this to our attention, needed. fornia makes mention, competition is bringing this bill here, because the Right now, in California, with Blue what drives the benefit for the con- kind of conspiracy that we have evi- Cross of California, where they have 80 sumer. Competition is stymied by the dence that exists in America today will percent of the market, they don’t need fact in my home State of New York be outlawed at the Federal level. to compete for the customers. The cus- three companies, three insurers, have These other cases were brought in tomers are desperate to get coverage, asked for or have sent dividends to cor- State courts where there are antitrust and they’ve got to take whatever is porate parents out of State that fell laws that prohibit these kinds of con- being offered by a company that has 80 just shy of a billion dollars last year. spiracies to harm the consumers or the percent of the market. So let’s get Just three groups. Now, would they providers of services. Ms. MARKEY of Colorado. I want to some competition back in there. have the luxury to do this if they were pressured to compete, to hold on to thank my colleague from California This is also an issue that affects indi- who has unique experience with the in- viduals. I know a 23-year-old girl who’s their market? I don’t think so. This year, those same three compa- dustry and in this field for your per- no longer on her parents’ health insur- nies are looking to send $1.2 billion spective on this. ance, cannot get health insurance, even outside of the State to corporate par- My colleague from New York has though she’s applied to Blue Cross, be- ents. This is the sort of action that talked about competition. And it has cause she had acne. And the list of pre- takes hold where you’re not encour- been competition that has made this existing conditions is three pages long. aging anybody to compete to hold on country great. I want to expand on So if we have competition, by elimi- to their market and we’re exporting that a little bit as well to talk about nating this antitrust exemption and these billions of dollars. My State, I innovation. We have always been a forcing and ending the monopoly, then am certain, is not alone in that phe- country of entrepreneurs and I think companies are going to have to nomenon, and it is hurting the con- innovators, and when you have an in- go out and search for customers, and sumers of New York State simply be- dustry, an entire industry that can set that would help us all. cause there is this mass exodus of divi- prices, can collude with their partners, And let us also be very, very aware. dends that are being paid out to the you have no innovation in the indus- I’ve spent 8 years of my life regulating corporate parent firm. try. the insurance industry, and I know this So you look at the record in New Some of our Republican colleagues about that industry: It’s about profit. York and what has happened over a 10- were talking just a short while ago, It’s not about people. year stretch from 1999 to 2009, and that and one of them was talking about Now, in the property casualty busi- amassed to some $5 billion worth. This health savings accounts. I am a sup- ness, it’s important to pay attention to is a pattern that is becoming more and porter of health savings accounts as people. But it’s not life or death, in more pronounced, that is again not well. My sister and her husband wanted most cases. In the case of health insur- putting pressure on the system to re- to get a health savings account with ance, it is about a human being’s life. spond in competitive measure. And catastrophic health care, but because It’s about the young lady that I saw at that dynamic being pulled out of the of their age and because of where they a town hall meeting this last week, a equation then causes hardship for the live, they could not find an insurance 12-year old girl, born with a heart con- very people that we need to hold down company that would offer that type of dition, whose father cannot leave the costs for health care insurance; $1.2 bil- product for them, which would help job, cannot go to a better job for fear of lion requested this year from just three them to save money and to really bring losing his health care, knowing that if groups to send those dividends out of transparency to the system to know he lost his health insurance, this young the State. what they were spending their health lady would not survive. She would lose These are reports that are disturbing, care dollars on; and many people want her life. That’s wrong, and that’s got to these are the forces that are driving that option. They weren’t able to get it end. this thinking to bring about the reform because it was not available in their This bill is one small piece of the that is introduced in the Perriello-Mar- part of the country. larger puzzle that we’re working on to key legislation. Why? Because there is no need to. put in place in America a health care Again, to our Representatives here There is absolutely no incentive for our bill where people come before profit. who have thought in such progressive insurance industry to innovate, to We can do that. We can do that with terms, I say ‘‘thank you’’ because this change the system, to offer new prod- this bill, and it’ll be very clear in this will be a major piece of reform that ucts, to compete on prices. This is House tomorrow where we stand. brings instant benefit, that induces what the heart of this bill gets to. It

VerDate Mar 15 2010 04:07 May 18, 2010 Jkt 089060 PO 00000 Frm 00097 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H23FE0.REC H23FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H748 CONGRESSIONAL RECORD — HOUSE February 23, 2010 gets to competition and innovation in b 2320 The time has more than come. It is the system, which again is going to So we are crushing the competitive- an important measure that we take be- lower prices and, as we have all noted, ness of American business because we fore us tomorrow in this House. It will doesn’t cost the government a dime. aren’t forcing the health insurance be a moment in history, I am con- We should be able to get bipartisan companies to compete. This is a basic vinced, so as to move forward and re- support on this legislation tomorrow. principle that gets back to that pur- spond in compassionate measure, in Mr. PERRIELLO. The gentlelady chasing power of working class and reasonable terms, to bring those scales from Colorado spoke about the issue of middle class Americans who are so of justice back into a balance that fairness as a basic principle. One of the often coming up to me and saying, Who speaks to a favorable outcome, a pro- things I hear so often back home is is looking out for us? It seems like ev- gressive path that we will follow. why should there be one set of rules for erything is going to the big guys. Who Mr. GARAMENDI. My colleague from the people who write checks to politi- is still fighting for working class and New York, thank you for bringing to cians and another set of rules for our middle class Americans? our attention, did you say $24 billion businesses back home who are working Well, here is a two-page bill, 24 lines for the executives of the five largest? so hard just to keep people employed? long, that stands up for working class Mr. TONKO. Million. The fact is there shouldn’t be a dif- and middle class Americans by saying Mr. GARAMENDI. Five biggest. ferent set of rules for the insurance we are going to force the biggest health Mr. TONKO. The five largest insurers companies just because they’ve been being compensated $24 million. lobbying for 65 years in this town. insurance companies in this country to compete for your business. And that Mr. GARAMENDI. That ought to be Competition should apply. Monopoly enough. In fact, that ought to be about protection should apply. People will competition is going to mean lower costs and higher quality. We need to a hundred times too much. Competi- hear this week, as this debate plays tion. out, fancy words about safe harbor and put working and middle class folks ahead of the health insurance lobbyists You also brought out the word ‘‘pro- this exemption and that exemption. gressive.’’ It was Teddy Roosevelt, in They’re sick of Washington providing and the health insurance companies. And with that, I yield to the gen- the early part of the last century, that safe harbors for those who have con- really created the early progressive tributed the most to political parties. tleman from New York. Mr. TONKO. Thank you, Representa- movement and the trust busters, recog- Four hundred million dollars in lob- nizing that companies like Standard bying just last year alone. Now that tive PERRIELLO. When we start talking about this Oil and others had dominated the mar- $400 million in lobbying from the competition, we wonder about the ben- ket and were squeezing, driving down health insurance industry didn’t come efits that are so drastically needed be- and harming small businesses and indi- because they said, You know, those cause we see now that some companies viduals, and tried to set about a better politicians are on tough times. They are looking at charging a 39 percent in- balance. And they did. just aren’t getting enough money. crease for the premium; 39 percent. That long tradition of standing up There’s not enough money in Wash- That is a gross, gross, difficult out- for families, working men and women, ington. We feel like we should offer is a tradition that we now hold on the them $400 million. They were doing it come for consumers in this country. What is driving it? Well, yeah, there Democratic side of this House. It is because they want to protect their mo- is lack of competition, but that lack of what we are trying to do in so many nopolies. different ways here with this bill, end- I just got back from a week in South competition, that allows for a rather ing a 65-year opportunity that the Side, Virginia where we’ve seen job loss comfortable zone to increase CEO sala- after job loss. One of the things that I ries. And when we look at the big five health insurance industry has had to heard from workers so often was—I was again, the largest insurers, the data monopolize, to engage in conspiracies talking to a guy who just got laid off shows that the CEOs were compensated to set prices, and to harm the public from Stanley. He was saying, I nearly up to $24 million in 2008. That is, I not just in their economics and in their made $40,000 back 20 years ago. Then I think, an outcome driven by a lack of family income, but in their ability to was down to $30 an hour and then down competition. That pressure isn’t there sustain their life. to $20 an hour. And now I just got fired to respond, and so you just easily pass We have a chance tomorrow to follow from a job or laid off from a job for $11 it over to the consumer. And without a long tradition of righting the bal- an hour. any sort of reform here, this will con- ance, of pushing back against those Now, there are many things. We need tinue to grow. forces that would dominate us eco- to look at our trade policy. We need to I know that there had been many nomically, socially, and, in this case, see ‘‘Buy America’’ not to be a bad suggesting from studies that are very in our very health. So tomorrow is a word or a bad phrase in this country much respected that the average fam- very, very important day. But it is also anymore. But I also hear from workers ily plan will be increased by about a day when we can continue the proc- all the time with this issue saying, you $1,800 per year. Today, that is an aver- ess that we have seen this last year in know, I remember when I used to go in age of $13,000, I believe, for a family this Chamber, where the Democratic at the end of the year and ask for a plan. Well, in a short decade, we are Party is pushing back against those raise. Now I don’t even ask for a raise. just going to transpose those numbers, forces. I just ask to hold on to my health care so 13 grows to 31. 31,000 is a train wreck In December, we put forth a health benefits. That’s not because these busi- waiting to happen. It is unsustainable. care bill that would move us towards ness owners are bad people; they’re It is the sort of outcome we get when accessibility, towards accountability great people. They’re bending over we don’t take the bull by the horns and from the health insurance industry, backwards to try to ensure that they’re say, look, there is a simple reform. It is and to affordability. We pushed back. able to keep their workers on the pay- straightforward. It is basic. It calls for Here is one more push that we are roll and keep them with health care. the all-American sense of competition, making tomorrow. The reason they haven’t offered a the all-American quality of competi- We also pushed forward on regulating raise to their workers in so many years tion, a good thing. Wall Street. There are those over here is because that money that would have If you are a strong business, you wel- I heard earlier this evening that said gone to a raise is going to the income competition. It is good for the that this thing began in 2009. It didn’t. creased premiums for their health in- soul. It is good for the consumer. And It began because the previous adminis- surance just to keep people insured. so let’s open this process to competi- tration refused to push back against There is a direct correlation where peo- tion. Let’s avoid some of these hefty the rapacious greed of Wall Street, and ple aren’t seeing that increase. Not increases in CEO salaries, or profit we wound up with the collapse of the only are they seeing their out-of-pock- margins that are record breaking, and financial industry. We need to right et health expenses go up, but that all sorts of insensitivities, gross insen- that. amount they don’t see that their em- sitivities to the quality of care and the We are doing that with the bill that ployer is paying has been going affordability of care for individuals and we put out here in December on regu- through the roof as well. families out there. lating Wall Street, and now following

VerDate Mar 15 2010 04:07 May 18, 2010 Jkt 089060 PO 00000 Frm 00098 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H23FE0.REC H23FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 23, 2010 CONGRESSIONAL RECORD — HOUSE H749 up with taking money back from Wall One is, What happened to common existing conditions. We have talked Street that was put out there by the sense? Well, this bill is a simple, pro- about some of those more easily recog- TARP and sending it to Main Street in competition, get rid of the monopoly nized or imagined conditions—heart our jobs bill; righting the balance in protections, make them play by the disease, diabetes, high blood pressure, America so that young families, hard- same rules bill. It is common sense. cancer—but it gets into the realm of working Americans have a chance, in People say, Why the partisanship? Why the very loosely defined preexisting this case, to get health care, to get a can’t we get together? As you said, the conditions—acne, domestic violence, job in the case of Jobs for Main Street. attorneys general from all of the overweight for toddlers, or what have And for Wall Street, the days of unbri- States, not a single dissenting vote, you, obesity in toddlers. It is all set up dled opportunity for greed are over. said they want this. They want this in- in their favor. And I believe that there And it is time for them to also hew to creased power to go after the monop- needs to be balance. And as Represent- the lines of correct American competi- oly. And they know that they need ative PERRIELLO said, there are undeni- tion, not greed—greed has never been some of the resources and support to ably sound players, good, good behav- good—but, rather, to provide the finan- get this done. iors out there that respond well. But cial services that this economy needs. for those who are taking advantage of 2330 We have a choice tomorrow. One b this exemption that has allowed to more step along a policy of righting President Bush’s bipartisan commis- continue for far too long, the time has the ship of this Nation’s economy, sion came back and said there is no come to put up the stop sign and say pushing back against the greed, push- longer any reason why this should it’s over, it’s a new set of rules come ing back against the rapacious atti- exist if ever such a reason existed. So your way. tudes that have dominated the Amer- this is a bipartisan idea. You men- And the Attorneys General of this ican economy for the last decade. tioned former Senator Trent Lott as country obviously know something, Ms. MARKEY of Colorado. We, as well. People said, what about a bill we they see it front and center, they see it Members of Congress, we come here to can read and understand? Two pages, in cases that they have to defend for look at all sides of an issue. That is our front and back, 24 lines, simple the people in their respective States. responsibility, to look at the pros and English. Lots of attempts to water this And so they’re advising us, in bipar- cons of legislation. Most of the issues down, to add lots of legalese. No, this is tisan fashion, they are advising us that that we deal with are very, very com- a commonsense bill. a better day can be had, and here is the plex. Oftentimes, we are voting on a People say to us, why is it that the opportunity. A simple vote—hopefully bill. We may like some parts of the special interests seem to win out over a bipartisan vote—on a very succinct bill, we may not like other parts of the working and middle class families? measure, one easily understood. It is bill, but you can’t say, I will vote Why can’t we get a victory for working time to end a 65-year stretch of what is ‘‘yea,’’ but let’s change this. You have and middle class families over the spe- I think a special response to an indus- to vote ‘‘yes’’ or ‘‘no.’’ cial interests? Well, that $400 million try. And I have looked—I think we all the insurance lobby spent last year was We talk about the deep pockets, we have—on all sides of this piece. We to protect this monopoly, and we are talk about the special interests, we have talked to people in the industry. saying no to that lobbying influence, talk about the force that they have had This seems pretty straightforward to we are saying we are going to put on this process as an industry. Well, me. The only argument that I have working and middle class people ahead. when I think about the recent Supreme heard against this antitrust exemption Finally, we have a simple choice, not Court decision to allow for open-spigot is from the insurance industry them- one of these gray-area D.C. decisions. season and pour more dollars into the selves, who have said, well, the States Tomorrow there will be a simple process to influence legislative out- can do it. The States have been doing choice: Do you stand with patients and comes, to have more pressure on the it for 60 years. That is sufficient. Let do you stand with competition, or do process, to perhaps deny progress, I get the States do it. But yet the States are you stand with the profiteering and saying we can’t do this. This is unfair very worried about this measure hang- to put this burden on us, as the State monopolies of insurance companies? ing around for far too long. I think the attorney generals have noted. And this It’s a simple choice. Sometimes in this time has more than passed to get this is a Federal issue. city it can get as muddled up as bad as done. Let’s get it done in the sort of And why, why have we singled out the traffic, the logic and the morality, way that acknowledges that we have just one industry in all of the United but it’s a simple choice: Do you stand tough work to do here. We have people States except for Major League Base- with patients, or do you want to pro- hurting across this country, not being ball, which pays a luxury tax, some of tect the monopoly profiteering of the able to afford health care coverage, not the more successful teams, to keep insurance companies? being able to sustain what are these some of the smaller teams going when Now, not all insurance companies are ever-spiraling increases for health care they are not having a good season? I bad. There are lots of great companies premiums. Let’s do them the big, big get that. I cannot understand why for out there. If you are not engaged in benefit of changing this law and voting 60 years we have singled out one indus- monopolistic practices, you have noth- ‘‘yes’’ tomorrow in the activities that try in the United States for this ex- ing to worry about. But if you are will take place in the House. emption from antitrust laws. It is sticking it to consumers and colluding, Mr. GARAMENDI. Mr. TONKO, as I wrong. It is simple to fix, and we are beware, because common sense is going was listening to you, several thoughts going to do that tomorrow when we to win out here with a simple two-page came to mind. You were listing a series pass this legislation. This is not a bill that is going to repeal those mo- of activities that are clearly contrary Democratic bill or a Republican bill. nopoly protections and put patients to the normal competitive market- This is for the American consumer. and consumers first. place, price fixing and the like. There Mr. PERRIELLO. I think one of the Mr. TONKO. I think the special inter- is also an issue in this health insurance reasons why Ms. MARKEY and I have ests are so glaringly obvious, my col- sector called vertical integration, in enjoyed working on this bill together leagues; the fact that they can escape which these large companies not only so much is that we both are home in these Federal investigation and en- monopolize the market, but they have our districts every weekend. We have forcement measures, measures of anti- now reached into the various other as- done a lot of town hall meetings. We trust laws that make them subject to pects and vertically integrated, owning have done a lot of roundtables with Federal prohibitions against bid rig- consulting companies, actuarial com- doctors and nurses and patients. We ging or price fixing or dividing up mar- panies that provide them with the both come from districts that have a ket territories. basic data where they can more easily lot of Republicans, Democrats, and a These are tools in the tool kit that manipulate that data, now moving into whole lot of Independents as well. And don’t serve consumers well. And as if the pharmacy benefit programs and I think we heard a lot of things. We the escaping isn’t egregious enough, gaining control over the entire market- hear a lot of things over and over they can then move to prejudice place. That is one of the activities that again. against by not insuring because of pre- would be able to be attacked by the

VerDate Mar 15 2010 04:07 May 18, 2010 Jkt 089060 PO 00000 Frm 00099 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H23FE0.REC H23FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H750 CONGRESSIONAL RECORD — HOUSE February 23, 2010 Federal Attorney General if this law creases. And every year we, as small So that’s what this is about. That’s were to go into place. business owners, had to cut back on what feeds the passion of this debate. The monopolization of the market, as how much we could afford to pay. We I have to commend the leadership of I described in California where Blue started out paying 80 percent of our this House. Speaker PELOSI has been Cross has 80 percent of the individual employees’ health insurance. We went vigilant about pushing the reforms, market, leads to a terrible situation. down to 70 percent. Now it is 60–40, be- along with our respective Chairs from And I would just like to bring us back cause we just cannot afford to keep up. Education and Labor, from Ways and to why we are doing all of this, why we We cannot be competitive, particularly Means, from Energy and Commerce, are doing the health care reform that in a global economy where you are and about really making it happen, is now going to be taken up in the sum- doing business overseas, your partners about moving forward to make certain mit on Thursday of this week, why we overseas don’t have that enormous cost that the people’s voices are heard here are doing this particular bill. It is real- of health care that they are paying for in this debate. ly about Gloria, that 12-year-old girl their employees. When we talk about some of the un- that I talked about who was born with fairness, about some of the imbalance b 2340 a heart condition and also has diabetes. in the outcomes, what about the med- Her father is desperate to hang on to It’s a real business decision to decide, ical loss ratio? Fewer and fewer pre- his job and the insurance policy that Well, gee, can I afford to hire somebody miums collected, percentage-wise, are comes with it because they know—the new? Can it maybe be a contractor, and returned to direct care for consumers. mother, the father, and Gloria—know I won’t be paying health insurance for It was 95 percent a decade-and-a-half that should he lose that job, that fam- him because I can’t afford that extra, ago. Today, it’s below 80 percent. So ily is uninsurable. And that young girl you know, $16,000–$17,000? So it is a dif- there is a reason for a number of these who has had to fight for every treat- ficult issue for everyone, and the com- issues to come forward. There are a ment in her 12 years to sustain her life petition is not there. number of reforms to be advanced. is an opera singer, a Class A student, As I mentioned, when you’ve got em- This bill, the Perriello-Markey bill, and has a future ahead of her. But if ployees in one or more States, it is vir- hopefully, will be approved tomorrow they have no health insurance, she is tually impossible to find more than one in a bipartisan vote. I am pleased to stand here in support of this measure. going to die because she needs constant company. That’s all we could find—one I want to thank all of my colleagues care. company across the United States I can talk about a carpenter who re- which would offer insurance to people for the input that they are providing tired because he couldn’t continue to in several different States. That is just for this historic moment to happen. wrong. I thank you very much. work who I saw on his deathbed saying, Mr. PERRIELLO. We can make a dif- I just want to live long enough so that We have all talked a little bit about the State attorneys general, and I want ference tomorrow. We can make a dif- my wife can turn 65 and get Medicare, ference in forcing competition in the because if I die before that, she has no to read to you a quote from one of those attorneys general at their meet- health care market. We can also make insurance, and she has a preexisting a difference in starting to restore some condition. ing when they all voted unanimously, really, for a repeal of this antitrust ex- of the trust in this body and in Wash- There is hurt upon this land. People ington. People across this country do emption. One of the assistant attor- are suffering for lack of a job, and they not trust Congress, and that’s for good neys general noted: know that if they lose that job, they reason. They always hear about the ‘‘The most egregiously anticompeti- will lose their health care and they will special interests coming out ahead. tive claims, such as naked agreements, lose their wealth and they may very Here is a simple, simple thing: well join the 40,000-plus Americans that fixing prices or reducing coverage, are Two pages, 24 lines long, which sim- lose their lives for lack of health insur- virtually always found immune from ply say that health insurance compa- ance. prosecution under the law. They are al- nies, which are some of the biggest This side of the aisle, the Democrats, ways found immune.’’ companies in the world, should have to are pushing back against these situa- We have a very simple choice tomor- play by the same rules. tions. And tomorrow, one step, one row: Do we stand for the insurance in- If the plumbers in my district got to- more step, one more pushback and say- dustry or do we stand for the American gether and started to set prices, they’d ing, in America, the present system is consumer? go to jail. Why is it that the health in- wrong, and tomorrow there will be an It is not an issue of what is good for surance companies should be able to end to the ability of these insurance one industry. It is what is good for play by a different set of rules? People companies to monopolize the market, competition and innovation. What they are always saying there are these com- to engage in anticompetitive activi- have is wrong and unfair, and we have monsense reforms out there. Why can’t ties, price setting, vertical integration, a chance to undo that tomorrow. we get them done? and the rest. Mr. TONKO. I know that we are com- Well, Ms. MARKEY and I have come I want to congratulate, I want to ing close to the end of our hour. I just together and have taken that idea. It’s thank Mr. PERRIELLO and Ms. MARKEY want to state that perhaps, if this un- not our idea. It came from the people for what you are doing tomorrow in fairness were not being levied upon, in our districts, from conservatives and your legislation. thrust upon American families, maybe liberals alike, who agree that restoring Ms. MARKEY of Colorado. And I this moment of reform wouldn’t be competition and removing monopoly would like to thank my colleague from happening, but because there is that protections make sense. When we have California for sharing those personal unfairness, the propensity to push for seen premiums double in the last 10 stories of people that you know who this reform has now reached a very years, crushing the purchasing power are unable to switch jobs because they solid height. of working and middle class Ameri- will not be able to get health insur- I think that, as we go forward, as we cans, that’s real for people. When you ance, people who can’t afford health in- are waxing anecdotally, what comes to don’t have to compete, the consumer surance or get health insurance be- mind for me is a couple whom I know loses. cause of a preexisting condition. We who was hit with a catastrophic ill- So people ask, Why can’t you get have all heard the stories about the ness—a husband and wife team. Their these basic things done? Well, this is a auto industry—the most important premiums increased by 37 percent over chance not just to do something good part of making a car is the health in- the course of 2 years, and they are left in the health insurance market but to surance for the workers who put that now with one wage earner in the fam- show the American people we can come vehicle together, that the most impor- ily. Both had been working. As the wife together. We already know this is a bi- tant line item expense for companies of this couple was impacted by cata- partisan bill. All of the attorneys gen- like Starbucks is not coffee, but it is strophic illness, they are now left with eral, without a single dissenting vote, health insurance. I saw that in my own one wage earner and with a pile of debt have said this is something we support. business as well. My husband and I, that is $18,000 worth of uncovered med- We want to be able to go after these every year it was double-digit in- ical expenses. monopolies.

VerDate Mar 15 2010 04:07 May 18, 2010 Jkt 089060 PO 00000 Frm 00100 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H23FE0.REC H23FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 23, 2010 CONGRESSIONAL RECORD — HOUSE H751 Jury after jury, juries of the Amer- all for being part of this important, import of a violation of the Antideficiency Act ican people, have found this has been portant fight. by the National Geospatical-Intelligence Agency, Case Number 08-03, pursuant to 31 going on only to be overturned by the f judges who say, Sorry. Because of U.S.C. 1517(b); to the Committee on Appro- LEAVE OF ABSENCE priations. McCarran-Ferguson, those basic mo- 6131. A letter from the Secretary, Navy, nopoly rules do not apply. The anti- By unanimous consent, leave of ab- Department of Defense, transmitting notifi- trust rules do not apply. sence was granted to: cation of both an Average Procurement Unit This is a chance for us to do a simple Mr. CULBERSON (at the request of Mr. Cost (APUC) and a Program Acquisition Unit two-page bill that puts patients ahead BOEHNER) for today on account of per- Cost (PAUC) breach for the enclosed pro- of the profiteering of the insurance sonal business. gram, pursuant to 10 U.S.C. 2433(e)(1); to the companies. It doesn’t say the insurance Committee on Armed Services. f 6132. A letter from the Principal Military companies can’t continue to make lots SPECIAL ORDERS GRANTED Deputy, Department of Defense, transmit- of money. They can. We’re just saying ting notification that the Department pro- you can’t do it by colluding, by price- By unanimous consent, permission to poses to donate the battleship ex-WIS- fixing and by doing the sorts of things address the House, following the legis- CONSIN (BB 64) to the City of Norfolk, that, since Teddy Roosevelt, we’ve put lative program and any special orders Virgina; to the Committee on Armed Serv- our foot down in this country and have heretofore entered, was granted to: ices. said are anticompetitive behaviors. (The following Members (at the re- 6133. A letter from the Assistant to the It should be a great chance for every- quest of Mr. SPACE) to revise and ex- Board, Board of Governors of the Federal Re- tend their remarks and include extra- serve System, transmitting the System’s one in this body to show the people final rule — Home Mortgage Disclosure [Reg- back in their districts: I’m here to rep- neous material:) ulation C; Docket No.: 1379] received Decem- resent you, not to represent the lobby- Mr. CUMMINGS, for 5 minutes, today. ber 23, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); ists who write the checks, not the $400 Ms. WOOLSEY, for 5 minutes, today. to the Committee on Financial Services. million that the insurance lobby spent Mr. SPACE, for 5 minutes, today. 6134. A letter from the Regulatory Spe- last year in this city. It’s a chance to Mr. MCDERMOTT, for 5 minutes, cialist, LRAD, Department of the Treasury, say, I’m going to stand up for patients. today. transmitting the Department’s final rule — Community Reinvestment Act Regulations This is not going to fix the entire Mr. DEFAZIO, for 5 minutes, today. [Docket ID: OCC-2009-0019] (RIN: 1557-AD29) health care problem, but why wouldn’t APTUR Ms. K , for 5 minutes, today. received January 8, 2010, pursuant to 5 U.S.C. we start with this? We know it has bi- (The following Members (at the re- 801(a)(1)(A); to the Committee on Financial partisan support from the attorneys quest of Mr. SHIMKUS) to revise and ex- Services. general. We know it has that bipar- tend their remarks and include extra- 6135. A letter from the President and tisan support from the President Bush neous material:) Chairman, Export-Import Bank, transmit- commission that came out and said Mr. POE of Texas, for 5 minutes, ting a statement with respect to a trans- this needs to be done. It moves us in March 2. action involving U.S. exports to Federative Republic of Brazil, pursuant to 12 U.S.C. the right direction to put patients and Mr. JONES, for 5 minutes, March 2. 635(b)(3)(i); to the Committee on Financial doctors back in the driver’s seat. It al- Mr. MORAN of Kansas, for 5 minutes, Services. lows us to restore the basic sense of March 2. 6136. A letter from the President and competition in this country. It says, Mr. TURNER, for 5 minutes, February Chairman, Export-Import Bank, transmit- for once, working and middle class 26. ting a statement with respect to a trans- families are going to come out ahead of Mr. BOOZMAN, for 5 minutes, today. action involving U.S. exports to Israel, pur- the special interests. Consumers are Mr. POSEY, for 5 minutes, today. suant to 12 U.S.C. 635(b)(3)(i); to the Com- mittee on Financial Services. going to come out ahead of the greed Ms. FOXX, for 5 minutes, today. 6137. A letter from the Deputy Secretary, mentality that you talked about be- Mr. TIM MURPHY of Pennsylvania, for Securities and Exchange Commission, trans- fore. 5 minutes, today. mitting the Commission’s final rule — Ex- We can do this. The American people Mr. BRADY of Texas, for 5 minutes, tension of Filing Accommodation for Static sent us here to do this—to listen and to today. Pool Information in Filings with Respect to find ideas which are not Republican or (The following Member (at his re- Asset-Backed Securities [Release No. 33-9087; Democrat but which are fundamentally quest) to revise and extend his remarks File No. S7-23-09] (RIN: 3235-AK44) received American ideas and to institute them. and include extraneous material:) December 17, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Financial We will need to continue to have a de- Mr. GARAMENDI, for 5 minutes, today. Services. bate about health care reform beyond f 6138. A letter from the Secretary, Depart- tomorrow, but let’s show the American ADJOURNMENT ment of Health and Human Services, trans- people tomorrow, on the eve of this mitting renewal of the October 1, 2009 deter- health care summit, that there are Mr. PERRIELLO. Mr. Speaker, I mination of a public health emergency exist- ideas we can come together on. We move that the House do now adjourn. ing nationwide involving Swine Influenza A have that chance. The motion was agreed to; accord- (now called 2009 — H1N1 flu), pursuant to 42 So I come in to tomorrow with a ingly (at 11 o’clock and 48 minutes U.S.C. 247d(a) Public Law 107-188, section great hope, with a great hope not only p.m.), the House adjourned until to- 144(a); to the Committee on Energy and Com- merce. that we will get this bill passed but morrow, Wednesday, February 24, 2010, 6139. A letter from the Secretary, Depart- that it will restore a basic sense of at 10 a.m. ment of Energy, transmitting a report enti- competition and that it will put pa- f tled ‘‘The Effect of Private Wire Laws on De- tients first. Maybe this could be the velopment of Combined Heat and Power Fa- first step towards coming together in EXECUTIVE COMMUNICATIONS, cilities’’; to the Committee on Energy and the health care debate to get things ETC. Commerce. done, because people are in pain out Under clause 2 of rule XXIV, execu- 6140. A letter from the Assistant General there right now. We have lost millions tive communications were taken from Counsel for Legislation, Regulation and En- ergy Efficiency, Department of Energy, of jobs. Yes, we took bold action a year the Speaker’s table and referred as fol- transmitting the Department’s final rule — ago to help stabilize the economy, but lows: Energy Conservation Program: Certification, that’s not enough. I’m not satisfied. We 6129. A letter from the Chief, Regulatory Compliance, and Enforcement Requirements need economic growth. Analysis & Development, Department of Ag- for Certain Consumer Products and Commer- So I appreciate the work that Ms. riculture, transmitting the Department’s cial and Industrial Equipment [Docket Nos.: MARKEY has put into this, that Chair- final rule — Change in Disease Status of the EE-RM/TP-99-450 and EE-RM/TP-05-500] (RIN: woman SLAUGHTER and that Congress- Republic of Korea With Regard to Foot-and- 1904-AA96 and 1904-AB53) received January 8, Mouth Disease and Rinderpest [Docket No.: 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the man DEFAZIO have put into this, and I APHIS-2008-0147] received January 8, 2010, Committee on Energy and Commerce. thank the others who have fought this pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 6141. A letter from the Director, Regu- good progressive fight for so long. I mittee on Agriculture. latory Management Division, Environmental look forward to seeing this through to 6130. A letter from the Under Secretary, Protection Agency, transmitting the Agen- completion tomorrow, and I thank you Department of Defense, transmitting a re- cy’s final rule — Approval and Promulgation

VerDate Mar 15 2010 04:07 May 18, 2010 Jkt 089060 PO 00000 Frm 00101 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H23FE0.REC H23FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE H752 CONGRESSIONAL RECORD — HOUSE February 23, 2010 of Implementation Plans; State of Missouri mission’s final rule — Revision of Parts 2 6159. A letter from the Secretary, Depart- [EPA-R07-OAR-2008-0787; FRL-9096-4] re- and 15 of the Commission’s Rules to Permit ment of the Treasury, transmitting as received December 23, 2009, pursuant to 5 Unlicensed National Information Infrastruc- quired by section 401(c) of the National U.S.C. 801(a)(1)(A); to the Committee on En- ture (U-NII) devices in the 5 GHz band [ET Emergencies Act, 50 U.S.C. 1641(c), and sec- ergy and Commerce. Docket No.: 03-122] received December 30, tion 204(c) of the International Emergency 6142. A letter from the Director, Regu- 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the Economic Powers Act, 50 U.S.C. 1703(c), a latory Management Division, Environmental Committee on Energy and Commerce. six-month periodic report on the national Protection Agency, transmitting the Agen- 6151. A letter from the Chief of Staff, Media emergency with respect to Belarus that was cy’s final rule — Approval and Promulgation Bureau, Federal Communications Commis- declared in Executive Order 13405 of June 16, of Implementation Plans and Operating Per- sion, transmitting the Commission’s final 2006; to the Committee on Foreign Affairs. mits Program; State of Iowa [EPA-R07-OAR- rule — Amendment of Section 73.622(i), Post- 6160. A letter from the Secretary, Depart- 2008-0895; FRL-9096] received December 23, Transition Table of DTV Allotments, Tele- ment of the Treasury, transmitting as re- 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the vision Broadcast Stations (High Point, North quired by section 401(c) of the National Committee on Energy and Commerce. Carolina) [MB Docket No.: 09-196] received Emergencies Act, 50 U.S.C. 1641(c), and sec- 6143. A letter from the Director, Regu- January 5, 2010, pursuant to 5 U.S.C. tion 204(c) of the International Emergency latory Management Division, Environmental 801(a)(1)(A); to the Committee on Energy and Economic Powers Act, 50 U.S.C. 1703(c), and Protection Agency, transmitting the Agen- Commerce. pursuant to Executive Order 13313 of July 31, cy’s final rule — Approval and Promulgation 6152. A letter from the Chief of Staff, Media 2003, a six-month periodic report on the na- of Air Quality Implementation Plans; Mis- Bureau, Federal Communications Commis- tional emergency with respect to the risk of sissippi; Update to Materials Incorporated by sion, transmitting the Commission’s final nuclear proliferation created by the accumu- Reference [MS-200923; FRL-9088-6] received rule — Amendment of Section 73.622(i), Post- lation of weapons-usable fissile material in January 11, 2010, pursuant to 5 U.S.C. Transition Table of DTV Allotments, Tele- the territory of the Russian Federation that was declared in Executive Order 13159 of 801(a)(1)(A); to the Committee on Energy and vision Broadcast Stations (Cincinnati, Ohio) June 21, 2000; to the Committee on Foreign Commerce. [MD Docket No.: 09-178] received January 5, 6144. A letter from the Director, Regu- 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the Affairs. 6161. A letter from the Secretary, Depart- latory Management Division, Environmental Committee on Energy and Commerce. ment of the Treasury, transmitting as re- Protection Agency, transmitting the Agen- 6153. A letter from the Chief of Staff, Media quired by section 401(c) of the National cy’s final rule — Approval and Promulgation Bureau, Federal Communications Commis- sion, transmitting the Commission’s final Emergencies Act, 50 U.S.C. 1641(c), and sec- of Implementation Plans; Kentucky: Ap- tion 204(c) of the International Emergency proval of Revisions to the State Implementa- rule — Amendment of Section 73.622(i), Final DTV Table of Allotments, Television Broad- Economic Powers Act, 50 U.S.C. 1703(c), and tion Plan [EPA-R04-OAR-2007-0500-200927; pursuant to Executive Order 13313 of July 31, FRL-9102-6] received January 11, 2010, pursu- cast Stations (Columbus, Ohio) [MB Docket No.: 09-124] received January 5, 2010, pursu- 2003, a six-month periodic report on the na- ant to 5 U.S.C. 801(a)(1)(A); to the Committee tional emergency with respect to the West- on Energy and Commerce. ant to 5 U.S.C. 801(a)(1)(A); to the Committee on Energy and Commerce. ern Balkans that was declared in Executive 6145. A letter from the Director, Regu- Order 13219 of June 26, 2001; to the Com- latory Management Division, Environmental 6154. A letter from the Acting Division Chief, Telecommunications Access Policy mittee on Foreign Affairs. Protection Agency, transmitting the Agen- Division Wireline Competition Bureau, Fed- 6162. A letter from the Auditor, District of cy’s final rule — Extension of Deadline for eral Communications Commission, transmit- Columbia, transmitting a copy of the report Promulgating Designations for the 2008 ting the Commission’s final rule — High-Cost entitled, ‘‘District’s Earmark Process Needs Ozone National Ambient Air Quality Stand- Universal Service Support Federal-State Improvement’’, pursuant to D.C. Code sec- ards [EPA-HQ-OAR-2009-0476; FRL-9102-2] re- Joint Board on Universal Service Alltel tion 47-117(d); to the Committee on Oversight ceived January 11, 2010, pursuant to 5 U.S.C. Communications, Inc., et al. Petitions for and Government Reform. 801(a)(1)(A); to the Committee on Energy and 6163. A letter from the Administrator, En- Designation as Eligible Telecommunications Commerce. vironmental Protection Agency, transmit- Carriers RCC Minnesota, Inc. and RCC At- 6146. A letter from the Director, Regu- ting semiannual report to Congress for the lantic, Inc. New Hampshire ETC Designation latory Management Division, Environmental six month period prior to September 30, 2009; Amendment [WC Docket No.: 05-337] [CC Protection Agency, transmitting the Agen- to the Committee on Oversight and Govern- Docket No.: 96-45] received December 30, 2009, cy’s final rule — Revisions to the California ment Reform. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- State Implementation Plan, San Joaquin 6164. A letter from the Acting Chairman, mittee on Energy and Commerce. Equal Employment Opportunity Commis- Valley Air Pollution Control District [EPA- 6155. A letter from the General Counsel, R09-OAR-2009-0492; FRL-9096-9] received Jan- sion, transmitting the Inspector General’s Federal Energy Regulatory Commission, semiannual report to Congress for the period uary 11, 2010, pursuant to 5 U.S.C. transmitting the Commission’s final rule — 801(a)(1)(A); to the Committee on Energy and ending September 30, 2009; to the Committee Revised Mandatory Reliability Standards for on Oversight and Government Reform. Commerce. Interchange Scheduling and Coordination 6147. A letter from the Director, Regu- 6165. A letter from the Chairman, National [Docket No.: RM09-8-000; Order No. 730] re- Credit Union Administration, transmitting latory Management Division, Environmental ceived January 5, 2010, pursuant to 5 U.S.C. Protection Agency, transmitting the Agen- the Inspector General’s semiannual report to 801(a)(1)(A); to the Committee on Energy and Congress for the reporting period April 1, cy’s final rule — Revisions to the California Commerce. State Implementation Plan, San Joaquin 2009 through September 30, 2009; to the Com- 6156. A letter from the Secretary, Depart- mittee on Oversight and Government Re- Valley Unified Air Pollution Control District ment of the Treasury, transmitting as re- [EPA-R09-OAR-2009-0024; FRL-9097-2] reform. quired by section 401(c) of the National 6166. A letter from the Director, National ceived January 11, 2010, pursuant to 5 U.S.C. Emergencies Act, 50 U.S.C. 1641(c), and sec- Science Foundation, transmitting the Foun- 801(a)(1)(A); to the Committee on Energy and tion 204(c) of the International Emergency dation’s annual report for fiscal year 2009, Commerce. Economic Powers Act, 50 U.S.C. 1703(c), a pursuant to Public Law 107-174; to the Com- 6148. A letter from the Director, Regu- six-month periodic report on the national mittee on Oversight and Government Re- latory Management Division, Environmental emergency with respect to terrorists who form. Protection Agency, transmitting the Agen- threaten to disrupt the Middle East peace 6167. A letter from the Director, Peace cy’s final rule — Revisions to the Calfiornia process that was declared in Executive Order Corps, transmitting the Inspector General’s State Implementation Plan, San Joaquin 12947 of July 23, 1995, pursuant to 50 U.S.C. semiannual report to Congress for the re- Valley Unified Air Pollution Control District 1641(c); to the Committee on Foreign Affairs. porting period April 1, 2009 through Sep- [EPA-R09-OAR-2009-0474; FRL-9100-1] re- 6157. A letter from the Acting Director, De- tember 30, 2009, pursuant to 5 U.S.C. app. ceived January 11, 2010, pursuant to 5 U.S.C. fense Security Cooperation Agency, trans- (Insp. Gen. Act), section 5(b); to the Com- 801(a)(1)(A); to the Committee on Energy and mitting a notice of proposed lease with the mittee on Oversight and Government Re- Commerce. Government of Singapore (Transmittal No. form. 6149. A letter from the Director, Regu- 09-09) pursuant to Section 62(a) of the Arms 6168. A letter from the Director, Peace latory Management Division, Environmental Export Control Act; to the Committee on Corps, transmitting the Corps’ Performance Protection Agency, transmitting the Agen- Foreign Affairs. and Accountability report for fiscal year cy’s final rule — Approval and Promulgation 6158. A letter from the Deputy Assistant 2009; to the Committee on Oversight and of Implementation Plans; Puerto Rico; Secretary For Export Administration, De- Government Reform. Guaynabo PM10 Limited Maintenance Plan partment of Commerce, transmitting the De- 6169. A letter from the Executive Director, and Redesignation Request [Docket: EPA- partment’s final rule — Authorization Vali- Securities and Exchange Commission, trans- R02-OAR-2009-0508; FRL-9091-4] received Jan- dated End-User: Amendment to Existing mitting the Commission’s fiscal year 2009 uary 11, 2010, pursuant to 5 U.S.C. Validated End-User Authorizations in the Performance and Accountability Report; to 801(a)(1)(A); to the Committee on Energy and People’s Republic of China (PRC) and India the Committee on Oversight and Govern- Commerce. [Docket No.: 0911051394-91397-01] (RIN: 0694- ment Reform. 6150. A letter from the Chief, Policy and AE77) received December 30, 2009, pursuant 6170. A letter from the Administrator, Rules Division, OET, Federal Communica- to 5 U.S.C. 801(a)(1)(A); to the Committee on Small Business Administration, transmit- tions Commission, transmitting the Com- Foreign Affairs. ting the Administration’s semiannual report

VerDate Mar 15 2010 04:07 May 18, 2010 Jkt 089060 PO 00000 Frm 00102 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H23FE0.REC H23FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE February 23, 2010 CONGRESSIONAL RECORD — HOUSE H753 from the office of the Inspector General for 6182. A letter from the Acting Chief, Border other purposes; with an amendment (Rept. the period April 1, 2009 through September Security Regulations Branch, Department of 111–417). Referred to the Committee of the 30, 2009, pursuant to 5 U.S.C. app. (Insp. Gen. Homeland Security, transmitting the De- Whole House on the State of the Union. Act) section 5(b); to the Committee on Over- partment’s final rule — Administrative Proc- Ms. SLAUGHTER: Committee on Rules. sight and Government Reform. ess for Seizures and Forfeitures Under the House Resolution 1098. Resolution providing 6171. A letter from the Deputy Assistant Immigration and Nationality Act and Other for consideration of the bill (H.R. 4626) to re- Administrator, Bureau for Legislative and Authorities [USCBP-2006-0122] (RIN 1651- store the application of the Federal antitrust Public Affairs, U.S. Agency for International AA58) received December 15, 2009, pursuant laws to the business of health insurance to Development, transmitting the Agency’s fis- to 5 U.S.C. 801(a)(1)(A); to the Committee on protect competition and consumers (Rept. cal year 2009 financial report; to the Com- Ways and Means. 111–418). Referred to the House Calendar. mittee on Oversight and Government Re- 6183. A letter from the Chief, Publications f form. and Regulations, Internal Revenue Service, 6172. A letter from the Chairman, Council transmitting the Service’s final rule — PUBLIC BILLS AND RESOLUTIONS of the District of Columbia, transmitting Treatment of Certain Obligations under Sec- Transmittal of D.C. ACT 18-307, ‘‘Pre-k Ac- tion 956(c) [Notice 2010-12] received January Under clause 2 of rule XII, public celeration and Clarification Temporary 6, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to bills and resolutions of the following Amendment Act of 2010’’; to the Committee the Committee on Ways and Means. titles were introduced and severally re- on Oversight and Government Reform. 6184. A letter from the Chief, Publications ferred, as follows: 6173. A letter from the Chairman, Council and Regulations Branch, Internal Revenue of the District of Columbia, transmitting By Mr. PETERSON (for himself, Mr. Service, transmitting the Service’s final rule Transmittal of D.C. ACT 18-308, ‘‘Old Morgan MORAN of Kansas, Ms. DELAURO, Mrs. — Rulings and Determination Letters (Rev. School Place, N.W. Renaming Temporary EMERSON, Mr. DELAHUNT, Mr. FLAKE, Proc. 2010-3) received January 6, 2010, pursu- Amendment Act of 2010’’; to the Committee Mr. MCGOVERN, Mr. BERMAN, Mr. ant to 5 U.S.C. 801(a)(1)(A); to the Committee on Oversight and Government Reform. BERRY, Ms. EDDIE BERNICE JOHNSON 6174. A letter from the Chairman, Council on Ways and Means. of Texas, Mr. CHILDERS, Mr. MINNICK, of the District of Columbia, transmitting 6185. A letter from the Chief, Publications Mr. BOSWELL, Ms. HERSETH SANDLIN, Transmittal of D.C. ACT 18-306, ‘‘Department and Regulations, Internal Revenue Service, Mr. SCOTT of Georgia, Mr. MASSA, of Small and Local Business Development transmitting the Service’s final rule — Use Mr. BRIGHT, Mr. ELLSWORTH, Mr. Amendment Act of 2009’’; to the Committee of Controlled Corporations to Avoid the Ap- HOLDEN, Mr. KAGEN, Mr. SNYDER, Mr. on Oversight and Government Reform. plication of Section 304 [TD 9477] (RIN: 1545- POMEROY, Mr. KIND, Mr. DAVIS of 6175. A letter from the Assistant General BI14) received December 30, 2009, pursuant to Tennessee, Mr. BOUSTANY, Mr. COSTA, Counsel for Legislation, Regulation and En- 5 U.S.C. 801(a)(1)(A); to the Committee on Mr. BISHOP of Georgia, Mr. ROSS, Mr. ergy Efficiency, Department of Energy, Ways and Means. TANNER, Mr. JOHNSON of Illinois, Mr. transmitting the Department’s final rule — 6186. A letter from the Chief, Publications RYAN of Ohio, Mr. HINCHEY, Ms. LEE Inflation Adjustment of Civil Monetary Pen- and Regulations, Internal Revenue Service, of California, and Mr. BOUCHER): alties (RIN: 1990-AA32) received December 15 transmitting the Service’s final rule — Ex- H.R. 4645. A bill to remove obstacles to 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the tension of Temporary Suspension of AHYDO legal sales of United States agricultural Committee on the Judiciary. Rules [Notice 2010-11] received December 30, commodities to Cuba and to end travel re- 6176. A letter from the Secretary, Depart- 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the strictions on all Americans to Cuba; to the ment of Health and Human Services, trans- Committee on Ways and Means. Committee on Foreign Affairs, and in addi- mitting a petition filed on behalf of workers 6187. A letter from the Chief, Publications tion to the Committees on Agriculture, and from the Metals and Controls Corporation in and Regulations, Internal Revenue Service, Financial Services, for a period to be subse- Attleboro, Massachusetts to be added to the transmitting the Service’s final rule — Tax- quently determined by the Speaker, in each Special Exposure Cohort (SEC), pursuant to Exempt Bonds in Certain Disaster Areas [No- case for consideration of such provisions as the Energy Employees Occupational Illness tice 2010-10] received December 23, 2009, pur- fall within the jurisdiction of the committee Compensation Program Act of 2000; to the suant to 5 U.S.C. 801(a)(1)(A); to the Com- concerned. Committee on the Judiciary. mittee on Ways and Means. By Mr. FATTAH: 6177. A letter from the Secretary, Depart- 6188. A letter from the Chief, Publications H.R. 4646. A bill to establish a fee on trans- ment of Health and Human Services, trans- and Regulations, Internal Revenue Service, actions which would eliminate the national mitting a petition filed on behalf of workers transmitting the Service’s final rule — Cor- debt and replace the income tax on individ- from the Oak Ridge Hospital in Oak Ridge, porate Reorganizations; Distributions under uals; to the Committee on Ways and Means, Tennessee, to be added to the Special Expo- sections 368(a)(1)(D) and 354(b)(1)(B) [TD 9475] and in addition to the Committees on the sure Cohort (SEC), pursuant to the Energy (RIN: 1545-BF83) received December 23, 2009, Budget, Rules, and Appropriations, for a pe- Employees Occupational Illness Compensa- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- riod to be subsequently determined by the tion Program Act of 2000; to the Committee mittee on Ways and Means. Speaker, in each case for consideration of on the Judiciary. 6189. A letter from the Chief, Publications such provisions as fall within the jurisdic- 6178. A letter from the Secretary, Depart- and Regulations, Internal Revenue Service, ment of Health and Human Services, trans- tion of the committee concerned. transmitting the Service’s final rule — Re- By Mr. MCMAHON (for himself, Ms. mitting a petition filed on behalf of workers duction in Taxable Income for Housing Hur- from the Piqua Organic Moderated Reactor BERKLEY, Mr. KLEIN of Florida, Mr. ricane Katrina Displaced Individuals [TD in Piqua, Ohio, to be added to the Special WEINER, and Ms. JACKSON LEE of 9497] (RIN: 1545-BF14) received December 23, Exposure Cohort (SEC), pursuant to the En- Texas): 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the ergy Employees Occupational Illness Com- H.R. 4647. A bill to impose sanctions on Committee on Ways and Means. pensation Program Act of 2000; to the Com- persons who are complicit in human rights 6190. A letter from the Commissioner, So- mittee on the Judiciary. abuses committed against citizens of Iran or cial Security Administration, transmitting a 6179. A letter from the Secretary, Depart- their family members after the June 12, 2009, report on Hearings Backlog Reduction Up- ment of Health and Human Services, trans- elections in Iran, and for other purposes; to date; to the Committee on Ways and Means. mitting a petition filed on behalf of workers the Committee on Foreign Affairs, and in ad- 6191. A letter from the Secretary, Depart- from the Hanford site in Richland, Wash- dition to the Committees on Financial Serv- ment of Health and Human Services, trans- ington, to be added to the Special Exposure ices, Ways and Means, and the Judiciary, for mitting a report entitled ‘‘National Coverage Cohort (SEC), pursuant to the Energy Em- a period to be subsequently determined by Determinations’’, pursuant to Medicare, ployees Occupational Illness Compensation the Speaker, in each case for consideration Medicaid, and SCHIP Benefits Improvement Program Act of 2000; to the Committee on of such provisions as fall within the jurisdic- and Protection Act (BIPA) of 2000; jointly to the Judiciary. tion of the committee concerned. 6180. A letter from the Secretary, Depart- the Committees on Energy and Commerce By Mr. SMITH of Texas (for himself, ment of Health and Human Services, trans- and Ways and Means. Mr. KING of New York, Mr. ROGERS of mitting a petition filed on behalf of workers f Kentucky, Mr. HOEKSTRA, Mr. from the Brookhaven National Laboratory in MCCOTTER, and Mr. FORTENBERRY): Upton, New York, to be added to the Special REPORTS OF COMMITTEES ON H.R. 4648. A bill to prohibit the release or Exposure Cohort (SEC), pursuant to the En- PUBLIC BILLS AND RESOLUTIONS parole of certain unprivileged enemy bellig- ergy Employees Occupational Illness Com- Under clause 2 of rule XIII, reports of erents into the United States, and for other pensation Program Act of 2000; to the Com- committees were delivered to the Clerk purposes; to the Committee on the Judici- mittee on the Judiciary. ary. 6181. A letter from the Administrator, Na- for printing and reference to the proper By Ms. ROS-LEHTINEN (for herself, tional Aeronautics and Space Administra- calendar, as follows: Mr. MARSHALL, and Mr. ROYCE): tion, transmitting the Administration’s re- Mr. GEORGE MILLER of California: Com- H.R. 4649. A bill to impose sanctions on sponse to the GAO-10-4 report and rec- mittee on Education and Labor. H.R. 4247. A persons who are complicit in human rights ommendations; to the Committee on Science bill to prevent and reduce the use of physical abuses committed against citizens of Iran or and Technology. restraint and seclusion in schools, and for their family members after the June 12, 2009,

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political processes in Iran, and for other pur- sion of the increased expensing of certain de- Mr. MCMAHON, Mrs. MALONEY, Mr. poses; to the Committee on Foreign Affairs, preciable business assets and the special de- RANGEL, Mr. SERRANO, Mr. ENGEL, and in addition to the Committees on Finan- preciation allowance for certain business Mrs. LOWEY, Mr. HALL of New York, cial Services, Ways and Means, and the Judi- property; to the Committee on Ways and Mr. MURPHY of New York, Mr. TONKO, ciary, for a period to be subsequently deter- Means. Mr. HINCHEY, Mr. OWENS, Mr. ARCURI, mined by the Speaker, in each case for con- By Mr. BUCHANAN: Mr. MAFFEI, Mr. LEE of New York, sideration of such provisions as fall within H.R. 4656. A bill to direct the Secretary of and Mr. HIGGINS): the jurisdiction of the committee concerned. Veterans Affairs to carry out a pilot pro- H.R. 4665. A bill to designate the facility of By Ms. SCHAKOWSKY (for herself, Mr. gram establishing a child-care center for the United States Postal Service located at HINCHEY, Mr. GRIJALVA, Mr. MCGOV- children of veterans receiving treatment and 23 Genesee Street in Hornell, New York, as ERN, Mr. STARK, Ms. BALDWIN, Ms. other individuals; to the Committee on Vet- the ‘‘Zachary Smith Post Office Building’’; MOORE of Wisconsin, Ms. LEE of Cali- erans’ Affairs. to the Committee on Oversight and Govern- fornia, Ms. WOOLSEY, Mr. GONZALEZ, By Mr. CARSON of Indiana: ment Reform. Mr. FILNER, Mr. ELLISON, Mr. HALL of H.R. 4657. A bill to amend the Older Ameri- By Mr. OWENS (for himself, Mr. New York, Mrs. MALONEY, Mr. POLIS cans Act of 1965 to include information relat- WELCH, and Mr. MCINTYRE): of Colorado, Mr. HOLT, Ms. SHEA-POR- ing to the human immunodeficiency virus H.R. 4666. A bill to amend the Public Works TER, and Mr. GUTIERREZ): (HIV) in the disease prevention and health and Economic Development Act of 1965 to es- H.R. 4650. A bill to phase out the use of pri- promotion services authorized by such Act; tablish a grant program to support cluster- vate military contractors; to the Committee to the Committee on Education and Labor. based economic development efforts; to the on Foreign Affairs, and in addition to the By Mr. DUNCAN: Committee on Transportation and Infra- Committees on Armed Services, and Intel- H.R. 4658. A bill to authorize the convey- structure, and in addition to the Committee ligence (Permanent Select), for a period to ance of a small parcel of National Forest on Financial Services, for a period to be sub- be subsequently determined by the Speaker, System land in the Cherokee National For- sequently determined by the Speaker, in in each case for consideration of such provi- est and to authorize the Secretary of Agri- each case for consideration of such provisions as fall within the jurisdiction of the culture to use the proceeds from that con- sions as fall within the jurisdiction of the committee concerned. veyance to acquire a parcel of land for inclu- committee concerned. By Mr. BISHOP of Utah (for himself sion in that national forest, and for other By Mr. PERRIELLO (for himself, Mr. and Mr. CHAFFETZ): purposes; to the Committee on Agriculture. FILNER, Mr. HALL of New York, Mrs. H.R. 4651. A bill to prohibit the further ex- By Mr. HODES: HALVORSON, Mrs. KIRKPATRICK of Ari- tension or establishment of national monu- H.R. 4659. A bill to amend the Truth in zona, Mr. DONNELLY of Indiana, Mr. ments in Utah except by express authoriza- Lending Act to require disclosures to all co- RODRIGUEZ, and Mr. TEAGUE): tion of Congress; to the Committee on Nat- signers and guarantors with respect to any H.R. 4667. A bill to increase, effective as of ural Resources. consumer credit transaction or consumer December 1, 2010, the rates of compensation By Mr. BLUMENAUER (for himself, lease that are required to be made to the for veterans with service-connected disabil- Mr. WU, Mr. BAIRD, Mr. MCDERMOTT, consumer in connection with such trans- ities and the rates of dependency and indem- and Mr. INSLEE): action or lease, and for other purposes; to nity compensation for the survivors of cer- H.R. 4652. A bill to amend the Federal the Committee on Financial Services. tain disabled veterans, and for other pur- Water Pollution Control Act to provide as- By Mr. HODES: poses; to the Committee on Veterans’ Af- sistance for programs and activities to pro- H.R. 4660. A bill to direct the Comptroller fairs. tect and restore the water quality of the Co- General of the United States to conduct a By Mr. PIERLUISI (for himself, Ms. lumbia River Basin, and for other purposes; study on the performance of Federal Govern- BORDALLO, Mr. SABLAN, Mr. SIRES, to the Committee on Transportation and In- ment in meeting certain small business pro- and Ms. WASSERMAN SCHULTZ): frastructure, and in addition to the Com- curement contracting goals, and for other H.R. 4668. A bill to amend the Elementary mittee on the Budget, for a period to be sub- purposes; to the Committee on Small Busi- and Secondary Education Act of 1965 to in- sequently determined by the Speaker, in ness. crease the maximum amount that may be al- each case for consideration of such provi- By Mr. HODES: lotted to Puerto Rico under part A of title sions as fall within the jurisdiction of the H.R. 4661. A bill to amend the Internal Rev- III; to the Committee on Education and committee concerned. enue Code of 1986 to increase the dollar limi- Labor. By Mr. GARRETT of New Jersey (for tation on expensing certain depreciable as- By Mr. PIERLUISI (for himself, Mr. himself, Mr. BACHUS, Mr. QUIGLEY, sets and to extend the deduction for an addi- SABLAN, Ms. BORDALLO, Mr. Mr. HENSARLING, Mr. COLE, Mrs. tional year; to the Committee on Ways and FALEOMAVAEGA, Mr. SERRANO, and CAPITO, Mr. GOHMERT, Mr. Means. Mrs. CHRISTENSEN): NEUGEBAUER, Mr. FRANKS of Arizona, By Mr. KISSELL: H.R. 4669. A bill to amend title XVIII of the Mr. PRICE of Georgia, Mr. H.R. 4662. A bill to amend title XVIII of the Social Security Act to provide that hospitals LUETKEMEYER, Mr. ROYCE, Mr. Social Security Act to improve the diagnosis located in territories are eligible for elec- GINGREY of Georgia, Mr. ROONEY, Mr. and treatment of lymphedema under the tronic health record incentive payments PITTS, Mr. MARCHANT, Mr. ROE of Medicare Program and to reduce costs under under Medicare in the same manner as hos- Tennessee, Mr. MCHENRY, Mr. BART- such program related to the treatment of pitals located in one of the 50 States are eli- LETT, Mr. POSEY, Mr. FLEMING, Mr. complications of lymphedema, and for other gible for such incentive payments; to the LEE of New York, Mrs. SCHMIDT, Mr. purposes; to the Committee on Energy and Committee on Ways and Means. LAMBORN, Ms. GRANGER, Ms. FALLIN, Commerce, and in addition to the Committee By Mr. PITTS: Mr. LANCE, Mr. KING of Iowa, Mr. on Ways and Means, for a period to be subse- H.R. 4670. A bill to establish a program CHAFFETZ, Mr. BILBRAY, Mrs. quently determined by the Speaker, in each through which each State may provide a BACHMANN, Mr. BISHOP of Utah, Mr. case for consideration of such provisions as bust to be displayed in one of the House Of- HERGER, Mr. FORTENBERRY, Mrs. fall within the jurisdiction of the committee fice Buildings; to the Committee on House MCMORRIS RODGERS, Mr. ALEXANDER, concerned. Administration. and Mr. JONES): By Ms. KOSMAS: By Mr. SARBANES (for himself and H.R. 4653. A bill to provide on-budget sta- H.R. 4663. A bill to amend the Internal Rev- Mr. FORTENBERRY): tus to the Federal National Mortgage Asso- enue Code of 1986 to provide for a permanent H.R. 4671. A bill to amend the National ciation and the Federal Home Loan Mort- exclusion of all gain on certain small busi- Trails System Act to include national dis- gage Corporation; to the Committee on the ness stock; to the Committee on Ways and covery trails, and to designate the American Budget, and in addition to the Committees Means. Discovery Trail, and for other purposes; to on Ways and Means, and Financial Services, By Mr. KRATOVIL: the Committee on Natural Resources. for a period to be subsequently determined H.R. 4664. A bill to amend the By Mr. YOUNG of Alaska: by the Speaker, in each case for consider- Servicemembers Civil Relief Act to provide H.R. 4672. A bill to provide for the convey- ation of such provisions as fall within the ju- for a one-year moratorium on the sale or ance of certain property located in Anchor- risdiction of the committee concerned. foreclosure of property owned by surviving age, Alaska, from the United States to the By Mr. BRALEY of Iowa (for himself, spouses of servicemembers killed in Oper- Alaska Native Tribal Health Consortium; to Mr. BOSWELL, and Mr. LOEBSACK): ation Iraqi Freedom or Operation Enduring the Committee on Natural Resources, and in H.R. 4654. A bill to amend the Public Freedom; to the Committee on Veterans’ Af- addition to the Committee on Energy and Health Service Act to designate certain med- fairs. Commerce, for a period to be subsequently ical facilities of the Department of Veterans By Mr. MASSA (for himself, Mr. determined by the Speaker, in each case for Affairs as health professional shortage areas, BISHOP of New York, Mr. ISRAEL, Mr. consideration of such provisions as fall with- and for other purposes; to the Committee on KING of New York, Mrs. MCCARTHY of in the jurisdiction of the committee con- Energy and Commerce. New York, Mr. ACKERMAN, Mr. MEEKS cerned. By Mr. BRIGHT: of New York, Mr. CROWLEY, Mr. NAD- By Mr. KISSELL (for himself, Mr. FIL- H.R. 4655. A bill to amend the Internal Rev- LER of New York, Mr. WEINER, Mr. NER, Ms. CORRINE BROWN of Florida, enue Code of 1986 to provide a 1-year exten- TOWNS, Ms. CLARKE, Ms. VELA´ ZQUEZ, and Mr. BUYER):

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H. Con. Res. 238. Concurrent resolution rec- By Mr. FLAKE: H.R. 1240: Ms. PINGREE of Maine and Mrs. ognizing the difficult challenges Black vet- H. Res. 1101. A resolution establishing an MCCARTHY of New York. erans faced when returning home after serv- earmark moratorium for fiscal year 2011; to H.R. 1250: Mr. YOUNG of Alaska and Mr. ing in the Armed Forces, their heroic mili- the Committee on Rules. TURNER. tary sacrifices, and their patriotism in fight- By Mr. HASTINGS of Florida (for him- H.R. 1311: Ms. GRANGER. ing for equal rights and for the dignity of a self, Mr. BERMAN, Mr. RANGEL, Mr. H.R. 1346: Mr. PERLMUTTER. people and a Nation; to the Committee on ACKERMAN, Mr. BISHOP of Georgia, H.R. 1351: Mr. WELCH. Veterans’ Affairs. Ms. BORDALLO, Ms. CORRINE BROWN of H.R. 1352: Mr. GRIFFITH and Mr. ANDREWS. By Mr. PENCE: Florida, Ms. CASTOR of Florida, Mr. H.R. 1392: Ms. LINDA T. SA´ NCHEZ of Cali- fornia. H. Res. 1095. A resolution electing a Minor- COHEN, Mr. CONYERS, Mr. CRENSHAW, H.R. 1507: Ms. PINGREE of Maine. ity member to a standing committee; consid- Mr. CROWLEY, Mr. CUMMINGS, Mr. H.R. 1526: Mr. YARMUTH. ered and agreed to. considered and agreed to. ENGEL, Mr. FALEOMAVAEGA, Mr. H.R. 1552: Mr. HOLT. By Mr. REYES (for himself, Mr. ORTIZ, FATTAH, Ms. FUDGE, Mr. AL GREEN of H.R. 1584: Mr. PUTNAM and Mr. POSEY. Texas, Mr. GRIJALVA, Mr. HONDA, Mr. Mr. GRIJALVA, Ms. EDDIE BERNICE H.R. 1585: Mr. ROGERS of Kentucky. INGLIS, Ms. JACKSON LEE of Texas, JOHNSON of Texas, Ms. ROYBAL-AL- H.R. 1587: Mr. BOYD, Mr. DAVIS of Ten- Ms. EDDIE BERNICE JOHNSON of Texas, LARD, Mr. SERRANO, Mr. GONZALEZ, nessee, and Mr. ROSS. Mr. JOHNSON of Georgia, Ms. KIL- Mr. HASTINGS of Florida, Mr. AL H.R. 1628: Ms. GRANGER. PATRICK of Michigan, Mr. LEWIS of GREEN of Texas, Mrs. NAPOLITANO, H.R. 1744: Mr. TANNER and Mr. DAVIS of Georgia, Mr. MCDERMOTT, Mr. Mr. BACA, Mr. GENE GREEN of Texas, Kentucky. MCGOVERN, Mr. MEEKS of New York, Mr. GUTIERREZ, Ms. LINDA T. H.R. 1799: Mr. MILLER of Florida. Ms. MOORE of Wisconsin, Ms. NORTON, SA´ NCHEZ of California, Mr. SIRES, Ms. H.R. 1806: Mr. PATRICK J. MURPHY of Penn- Mr. PAYNE, Mr. POLIS of Colorado, ROS-LEHTINEN, Mr. BUTTERFIELD, Mr. sylvania and Mr. COHEN. Ms. RICHARDSON, Mr. RUSH, Ms. CLEAVER, Ms. CLARKE, Ms. JACKSON H.R. 1829: Mr. MARKEY of Massachusetts, LINDA T. SA´ NCHEZ of California, Mr. LEE of Texas, Mr. CLAY, Mr. Mr. PRICE of North Carolina, and Mr. THOMPSON of Mississippi, Mr. TOWNS, HINOJOSA, Ms. BORDALLO, Mr. HUNTER. and Ms. WATSON): SALAZAR, Mr. CUELLAR, Mrs. H.R. 1897: Ms. KILROY. H. Res. 1102. A resolution commemorating CHRISTENSEN, Ms. FUDGE, Mr. DAVIS H.R. 1956: Ms. GIFFORDS. of Illinois, Ms. RICHARDSON, Ms. the 20th anniversary of the release of Nelson H.R. 1961: Ms. EDDIE BERNICE JOHNSON of BERKLEY, Mr. HINCHEY, Mr. Rolihlahla Mandela, recognizing the signifi- Texas. CHAFFETZ, Ms. WATSON, Mrs. cance of his contribution to democracy and H.R. 1990: Mr. DOGGETT. MALONEY, Mr. THOMPSON of Cali- racial equality in South Africa, and honoring H.R. 2006: Ms. ESHOO. fornia, Mr. HONDA, Mr. MEEKS of New his life-long dedication to building a more H.R. 2054: Mr. LOEBSACK and Ms. CHU. York, Mr. MORAN of Virginia, Ms. equitable and united world; to the Com- H.R. 2124: Mr. FORBES. NORTON, Ms. MCCOLLUM, Mr. mittee on Foreign Affairs. H.R. 2138: Mr. WEINER. MCHENRY, Ms. MATSUI, Mr. CONYERS, f H.R. 2254: Ms. RICHARDSON, Mrs. DAVIS of Mr. THOMPSON of Mississippi, Mr. California, and Mr. TURNER. PAYNE, Mr. BISHOP of Georgia, Ms. PRIVATE BILLS AND H.R. 2277: Mr. EHLERS. CHU, Mr. MEEK of Florida, Mrs. DAVIS RESOLUTIONS H.R. 2280: Mr. MCCARTHY of California. of California, Mr. ELLISON, Mr. H.R. 2287: Ms. JENKINS, Mr. SOUDER, and Under clause 3 of rule XII, MCGOVERN, Mr. LINCOLN DIAZ-BALART Mr. POE of Texas. of Florida, Mrs. LOWEY, Mr. Mr. PASTOR of Arizona introduced a H.R. 2299: Ms. NORTON. RODRIGUEZ, Mr. PALLONE, Mr. CAO, bill (H.R. 4673) for the relief of Mar- H.R. 2331: Ms. GRANGER. and Ms. WOOLSEY): tha Palmillas de Morales; which was H.R. 2378: Mr. COFFMAN of Colorado. referred to the Committee on the Ju- H.R. 2443: Mr. SCHAUER and Mr. SABLAN. H. Res. 1096. A resolution encouraging indi- diciary. H.R. 2521: Mr. CONYERS. viduals across the United States to partici- H.R. 2547: Mr. REHBERG. pate in the 2010 Census to ensure an accurate f H.R. 2584: Mr. BURTON of Indiana and Mr. and complete count beginning April 1, 2010, SMITH of Nebraska. and expressing support for designation of ADDITIONAL SPONSORS H.R. 2608: Mr. CARTER. March 2010 as Census Awareness Month; to Under clause 7 of rule XII, sponsors H.R. 2697: Mr. SCHAUER. the Committee on Oversight and Govern- were added to public bills and resolu- H.R. 2840: Mr. QUIGLEY. ment Reform. tions as follows: H.R. 2941: Mr. PASTOR of Arizona. By Mr. LIPINSKI (for himself, Mr. H.R. 2980: Mr. COURTNEY. H.R. 119: Mr. ADLER of New Jersey. EHLERS, Mr. INGLIS, Ms. EDWARDS of H.R. 3024: Ms. NORTON, Mr. BARTLETT, Mr. H.R. 204: Ms. CHU. Maryland, Ms. RICHARDSON, Ms. WELCH, and Mr. WESTMORELAND. H.R. 211: Mr. VISCLOSKY. KOSMAS, Ms. MATSUI, Mr. AKIN, Mr. H.R. 3054: Mr. POLIS of Colorado. H.R. 213: Mr. CARTER. BARTON of Texas, Mr. HOLT, Mr. H.R. 3068: Mr. WELCH. H.R. 303: Mr. BARROW. MCNERNEY, Ms. BORDALLO, Mr. KIL- H.R. 3077: Mrs. MALONEY. H.R. 444: Mr. CUMMINGS. DEE, Mr. HONDA, Mr. HARE, Mr. ROHR- H.R. 3116: Mr. OWENS. H.R. 456: Mr. SULLIVAN. ABACHER, Mrs. CHRISTENSEN, Mr. H.R. 3149: Ms. CHU and Mr. BLUMENAUER. H.R. 510: Mr. LINDER. TONKO, Mr. CARNAHAN, Mr. MAN- H.R. 3189: Mr. BURTON of Indiana. H.R. 536: Mr. HINCHEY. ZULLO, Ms. SUTTON, Mr. OLSON, Mr. H.R. 3212: Mr. SNYDER. BAIRD, Ms. MARKEY of Colorado, Ms. H.R. 537: Mr. ALTMIRE. H.R. 3271: Mr. PETERS. FUDGE, and Ms. ESHOO): H.R. 564: Ms. NORTON. H.R. 3315: Mr. MAFFEI. H.R. 635: Ms. NORTON. H. Res. 1097. A resolution supporting the H.R. 3343: Ms. HIRONO and Mr. KENNEDY. H.R. 649: Mr. CHAFFETZ, Mr. BARRETT of goals and ideals of National Engineers Week, H.R. 3351: Mr. GRAYSON. South Carolina, Mr. GRIFFITH, and Mr. and for other purposes; to the Committee on H.R. 3421: Mr. KANJORSKI. CARTER. Science and Technology. H.R. 3430: Ms. NORTON, Mr. MICHAUD, Mr. H.R. 669: Mrs. MALONEY. By Mr. BRALEY of Iowa (for himself, MARKEY of Massachusetts, Ms. CHU, and Mr. H.R. 678: Mr. FORBES, Mr. BAIRD, Mr. TURN- Mr. KLINE of Minnesota, Mr. SNYDER, HOLT. ER, Mr. ELLISON, and Ms. CHU. Mr. HUNTER, Mr. BROUN of Georgia, H.R. 3467: Mr. WELCH. H.R. 712: Mr. SCHOCK. Mr. BOSWELL, Mr. KING of Iowa, Mr. H.R. 3526: Mr. SCOTT of Virginia. H.R. 716: Ms. WOOLSEY. LOEBSACK, Mr. LATHAM, Mr. JONES, H.R. 3553: Ms. RICHARDSON. H.R. 758: Mr. MCDERMOTT. H.R. 3578: Mr. CAPUANO, Mr. ELLISON, and and Mr. ISSA): H.R. 832: Ms. ZOE LOFGREN of California Ms. ESHOO. H. Res. 1099. A resolution recognizing the and Mr. HODES. H.R. 3589: Mrs. LOWEY. 65th anniversary of the Battle of Iwo Jima; H.R. 836: Mr. SHERMAN. H.R. 3668: Ms. MARKEY of Colorado, Mr. to the Committee on Armed Services. H.R. 878: Mr. COFFMAN of Colorado. ELLSWORTH, Mr. DAVIS of Tennessee, Mr. By Mr. CARSON of Indiana: H.R. 930: Mr. BISHOP of New York. MOORE of Kansas, and Mr. HARPER. H. Res. 1100. A resolution expressing the H.R. 953: Mr. SESTAK. H.R. 3712: Mr. SESSIONS, Ms. GIFFORDS, Mr. sense of the House of Representatives that H.R. 1067: Mr. LIPINSKI. BOOZMAN, Mrs. MCMORRIS RODGERS, Mr. the National Institutes of Health and the H.R. 1087: Mr. GERLACH. WALZ, Mr. SHULER, Ms. KILPATRICK of Michi- Centers for Disease Control and Prevention H.R. 1175: Mr. SCHIFF, Mr. PATRICK J. MUR- gan, and Mr. LUETKEMEYER. should expand and intensify programs of re- PHY of Pennsylvania, Mr. CARNAHAN, Ms. H.R. 3745: Ms. PINGREE of Maine and Mr. search and related activities regarding the KILPATRICK of Michigan, and Mr. SCHOCK. BLUMENAUER. population of older individuals living with or H.R. 1177: Mr. ROTHMAN of New Jersey. H.R. 3764: Mr. CUMMINGS, Ms. NORTON, Mr. at risk for HIV; to the Committee on Energy H.R. 1220: Mr. THOMPSON of Pennsylvania SESTAK, Mr. WEINER, and Ms. PINGREE of and Commerce. and Mr. GERLACH. Maine.

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H.R. 3766: Mr. WELCH. H.R. 4541: Ms. CHU, Mr. BURTON of Indiana, California, Mr. ABERCROMBIE, Mrs. MCCAR- H.R. 3787: Mr. KIND. Ms. JACKSON LEE of Texas, Mr. CUMMINGS, THY of New York, Mr. HARE, Mr. OLVER, Mr. H.R. 3789: Mr. YOUNG of Alaska. and Ms. WATSON. FARR, Mr. GUTIERREZ, Mr. QUIGLEY, and Ms. H.R. 3936: Mr. PENCE and Mr. FRANK of H.R. 4549: Mr. CARNAHAN. NORTON. Massachusetts. H.R. 4550: Ms. EDWARDS of Maryland and H. Res. 1067: Mr. MILLER of Florida, Mr. H.R. 3943: Mr. SESTAK, Mr. SOUDER, Mr. Mr. GRAYSON. ARCURI, Mr. MOORE of Kansas, Mr. MCINTYRE, RUSH, Mr. KRATOVIL, and Mr. PATRICK J. H.R. 4551: Mr. FILNER. Mr. SNYDER, Mr. PAUL, Mr. BARTLETT, Mr. MURPHY of Pennsylvania. H.R. 4555: Mr. BARROW, Mrs. CAPPS, Mr. MOLLOHAN, Mr. MARCHANT, Mr. KENNEDY, Mr. H.R. 3955: Ms. NORTON and Mr. CAO. SCOTT of Virginia, Mr. MICHAUD, Ms. SHEA- ISRAEL, Mr. MCKEON, Mr. COOPER, Mr. JOHN- H.R. 4001: Ms. WOOLSEY. PORTER, and Mr. TIERNEY. SON of Georgia, Mr. MARSHALL, Mr. SESTAK, H.R. 4021: Mr. COHEN and Mr. KIND. H.R. 4556: Mr. CANTOR, Mr. SOUDER, Mr. Mr. OWENS, Mr. ANDREWS, Ms. CORRINE H.R. 4053: Mr. DOGGETT. REHBERG, Mr. KIRK, Mr. DUNCAN, Mr. BROWN of Florida, Mr. MILLER of North Caro- H.R. 4070: Mr. THOMPSON of Mississippi, Mr. PLATTS, Mr. TIAHRT, Mr. MCCOTTER, Mr. lina, Mr. HILL, Mr. SCOTT of Virginia, Mr. SESTAK, and Mr. SKELTON. GOODLATTE, and Mr. BACHUS. PRICE of North Carolina, Mr. BURTON of Indi- H.R. 4109: Mr. DAVIS of Alabama. H.R. 4564: Mr. LARSON of Connecticut, Mr. ana, 1Mr. DUNCAN, Mr. WAMP, Mr. MICHAUD, H.R. 4114: Mr. BERMAN. GENE GREEN of Texas, Mr. ELLISON, Mrs. Ms. GIFFORDS, Mr. KINGSTON, Mr. MASSA, Mr. H.R. 4163: Mr. HASTINGS of Florida. CAPPS, and Mr. LEVIN. LAMBORN, and Mr. BACHUS. H.R. 4175: Mr. VISCLOSKY. H.R. 4566: Mr. BACHUS. H. Res. 1069: Mr. FOSTER and Mr. ROTHMAN H.R. 4186: Mr. SKELTON. H.R. 4576: Mr. THORNBERRY. of New Jersey. H.R. 4199: Mr. BISHOP of New York. H.R. 4581: Mr. ROYCE and Mr. JONES. H. Res. 1073: Mr. BURTON of Indiana. H.R. 4582: Ms. BEAN. H.R. 4241: Mr. TIAHRT, Mr. ACKERMAN, Mr. H. Res. 1075: Mr. BRADY of Pennsylvania, H.R. 4586: Mr. GALLEGLY and Mr. CAO, Mr. MASSA, Mr. WELCH, Ms. HIRONO, and Mr. BARTLETT, Mrs. MCMORRIS RODGERS, Mr. MCCOTTER. Mr. SIMPSON. ROGERS of Alabama, Mr. SNYDER, Mr. H.R. 4588: Mr. ROHRABACHER. H.R. 4268: Mr. RANGEL, Mr. SCOTT of Vir- PLATTS, and Mr. INGLIS. H.R. 4598: Mr. HOLDEN, Mr. FATTAH, Mrs. ginia, Mrs. LOWEY, Mr. CAPUANO, Mr. RUSH, H. Res. 1078: Ms. BORDALLO, Ms. SUTTON, MALONEY, Mr. KAGEN, Mr. PLATTS, and Ms. Ms. NORTON, and Mr. STARK. Mr. NUNES, Mr. CAO, Mr. MCGOVERN, and PINGREE of Maine. H.R. 4274: Mr. ROTHMAN of New Jersey and Mrs. MYRICK. H.R. 4599: Mr. LEVIN. Mr. STARK. H. Res. 1080: Mr. MCCARTHY of California, H.R. 4614: Mr. KAGEN. H.R. 4278: Mr. WELCH. Mr. NUNES, Ms. WATSON, Mr. HALL of Texas, H.R. 4621: Mr. HASTINGS of Florida, Mr. H.R. 4296: Mr. HALL of New York. Mr. HENSARLING, Mr. HARPER, Mr. RADANO- GONZALEZ, Mr. POLIS of Colorado, and Mr. H.R. 4306: Ms. FOXX and Ms. KOSMAS. VICH, Mr. DAVIS of Kentucky, Mr. KINGSTON, HARE. H.R. 4311: Mr. WELCH. Mr. OLSON, Mr. JORDAN of Ohio, Mr. GARRETT H.R. 4624: Mr. BUYER. H.R. 4322: Ms. LORETTA SANCHEZ of Cali- AMP ICHARDSON H.R. 4626: Mr. DELAHUNT, Ms. EDDIE BER- of New Jersey, Mr. C , Ms. R , fornia and Mr. RUPPERSBERGER. PTON HULER ASTLE NICE JOHNSON of Texas, Mr. KAGEN, Mr. Mr. U , Mr. S , Mr. C , Ms. H.R. 4324: Ms. JACKSON LEE of Texas. IRONO O IONDO NGLIS OS LOEBSACK, Mr. MURPHY of New York, Mr. H , Mr. L B , Mr. I , Ms. R - H.R. 4329: Mr. PERRIELLO and Mr. CANTOR. LEHTINEN, Mr. BRADY of Texas, Mr. SHUSTER, H.R. 4330: Mr. PIERLUISI. ROTHMAN of New Jersey, and Mr. SALAZAR. H.R. 4630: Mr. POLIS of Colorado. Mr. WALDEN, Mr. BOOZMAN, Mr. WILSON of H.R. 4343: Mr. JOHNSON of Georgia and Ms. South Carolina, Mr. DANIEL E. LUNGREN of EDWARDS of Maryland. H.R. 4634: Ms. ROS-LEHTINEN. H.J. Res. 13: Mr. GRAYSON. California, Mr. GOHMERT, Mr. LANCE, Mrs. H.R. 4347: Mr. HEINRICH. H.J. Res. 14: Mr. POSEY. SCHMIDT, Mr. REHBERG, Mr. PITTS, and Mrs. H.R. 4353: Mr. CULBERSON. H.J. Res. 50: Mr. MCINTYRE. LUMMIS. H.R. 4360: Ms. PELOSI. H. Con. Res. 16: Mr. MCCAUL and Mr. CAMP- H.R. 4371: Mr. CHILDERS, Mr. MCHENRY, Mr. BELL. f CARSON of Indiana, Mr. LANCE, Mr. GOHMERT, H. Con. Res. 49: Mr. MCMAHON. Mrs. BONO MACK, Mr. ABERCROMBIE, Ms. H. Con. Res. 230: Mr. LOEBSACK. CONGRESSIONAL EARMARKS, LIM- BERKLEY, Mr. LAMBORN, Mr. SESSIONS, and H. Res. 93: Mr. SCHIFF. ITED TAX BENEFITS, OR LIM- Ms. SLAUGHTER. H. Res. 213: Mr. GONZALEZ, Mr. FARR, Ms. H.R. 4386: Ms. RICHARDSON. ITED TARIFF BENEFITS CHU, and Ms. WOOLSEY. H.R. 4391: Mr. ELLISON. H. Res. 267: Mr. WAXMAN. Under clause 9 of rule XXI, lists or H.R. 4396: Mr. HOLDEN, Mr. CUELLAR, Mr. H. Res. 311: Mr. FALEOMAVAEGA and Mr. statements on congressional earmarks, BERRY, Mr. SALAZAR, Mr. BISHOP of Utah, BROWN of South Carolina. limited tax benefits, or limited tariff Mr. DAVIS of Tennessee, Mr. MELANCON, and H. Res. 577: Mr. SCHOCK. benefits were submitted as follows: Mrs. LUMMIS. H. Res. 615: Mr. WAMP. The amendment to be offered by Rep- H.R. 4399: Mr. BARTLETT. H. Res. 704: Mr. WU, Mrs. MCMORRIS ROD- resentative FLAKE, or a designee, to H.R. 2314 H.R. 4453: Ms. JENKINS, Mr. AKIN, Mr. GERS, Mr. PALLONE, Mr. KLINE of Minnesota, the Native Hawaiian Government Reorga- GOHMERT, Mr. TIBERI, and Mr. UPTON. Mr. DRIEHAUS, and Mr. ALTMIRE. nization Act, does not contain any congres- H.R. 4466: Ms. ROS-LEHTINEN, Mr. DENT, H. Res. 764: Mr. DANIEL E. LUNGREN of Cali- sional earmarks, limited tax benefits, or lim- Mr. AUSTRIA, and Mr. BLUNT. fornia. ited tariff benefits as defined in clause 9(d), H.R. 4470: Ms. WOOLSEY. H. Res. 873: Mr. SHADEGG. 9(e), or 9(f) of rule XXI. H.R. 4486: Mr. FRANK of Massachusetts and H. Res. 913: Mr. CUMMINGS. The amendment to be offered by Chairman Mr. KUCINICH. H. Res. 925: Ms. SUTTON, Mr. MCGOVERN, SILVESTRE REYES to H.R. 2701, the Intel- H.R. 4490: Mr. SMITH of Nebraska, Mr. DEAL and Mr. BOREN. ligence Authorization Act for Fiscal Year of Georgia, and Mr. DUNCAN. H. Res. 949: Mr. SOUDER. 2010, does not contain any congressional ear- H.R. 4496: Mr. SENSENBRENNER. H. Res. 989: Mr. SCHRADER, Ms. PINGREE of marks, limited tax benefits, or limited tariff H.R. 4513: Mr. LANCE. Maine, and Mr. PRICE of North Carolina. H.R. 4517: Mr. GRAYSON. H. Res. 1006: Mr. FORBES. benefits, as defined in clause 9 of rule XXI. H.R. 4522: Mr. POLIS of Colorado and Mr. H. Res. 1032: Ms. ZOE LOFGREN of Cali- GRAYSON. fornia. f H.R. 4526: Mr. SERRANO. H. Res. 1033: Mr. LANCE, Mr. YOUNG of Alas- H.R. 4527: Mr. POLIS of Colorado. ka, Mr. BLUNT, Ms. BERKLEY, and Mr. TERRY. DELETIONS OF SPONSORS FROM H.R. 4529: Mr. FLAKE. H. Res. 1034: Mr. HINCHEY and Mr. DAVIS of PUBLIC BILLS AND RESOLUTIONS H.R. 4530: Mr. SABLAN. Illinois. Under clause 7 of rule XII, sponsors H.R. 4537: Ms. WATSON, Mr. COHEN, and Mr. H. Res. 1059: Mr. CALVERT. were deleted from public bills and reso- DRIEHAUS. H. Res. 1061: Mr. LEWIS of Georgia. H.R. 4538: Mr. MORAN of Virginia and Mr. H. Res. 1064: Mr. HODES, Mr. WEINER, Mr. lutions as follows: GEORGE MILLER of California. FILNER, Ms. WOOLSEY, Ms. ZOE LOFGREN of H. Res. 648: Mr. ROGERS of Kentucky.

VerDate Mar 15 2010 04:07 May 18, 2010 Jkt 089060 PO 00000 Frm 00106 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H23FE0.REC H23FE0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE 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, TUESDAY, FEBRUARY 23, 2010 No. 23 Senate The Senate met at 10 a.m. and was RECOGNITION OF THE MAJORITY Mr. MCCONNELL. I ask unanimous called to order by the Honorable LEADER consent that the order for the quorum JEANNE SHAHEEN, a Senator from the The ACTING PRESIDENT pro tem- call be rescinded. State of New Hampshire. pore. The majority leader is recog- The ACTING PRESIDENT pro tem- nized. pore. Without objection, it is so or- PRAYER f dered. The Chaplain, Dr. Barry C. Black, of- f fered the following prayer: SCHEDULE Let us pray. Mr. REID. Madam President, fol- RECOGNITION OF THE MINORITY Eternal God, high above all yet in lowing leader remarks, there will be a LEADER all, we thank You for Your steadfast period of morning business for 1 hour, The ACTING PRESIDENT pro tem- love and faithfulness. Do mighty things with Senators able to speak for up to 10 pore. The minority leader is recog- through the labors of our lawmakers, minutes each. The Republicans will nized. using them to accomplish Your work control the first half, the majority the f on Earth. Lord, provide them with second half. faith to confront perplexities and to re- Following morning business, the Sen- HEALTH CARE REFORM main unwearied, even during monoto- ate will resume consideration of the Mr. MCCONNELL. Madam President, nous seasons. Keep them strong as they House message on H.R. 2847, which is as we meet here in Washington this face life’s demands and may they never the legislative vehicle for the jobs bill. week, unemployment continues to let go of their dreams. Postcloture debate time expires short- hover around 10 percent. Tens of mil- We pray in Your great Name. Amen. ly after midnight tonight. lions of Americans are struggling to f I am hopeful and confident we can make ends meet. The national debt is work out a reasonable time to vote on PLEDGE OF ALLEGIANCE at a staggering all-time high. In re- this; otherwise, we have to do it late sponse to all this, the administration The Honorable JEANNE SHAHEEN led tonight or very early in the morning. wants lawmakers to go down to the the Pledge of Allegiance, as follows: Later today, I will ask unanimous White House to talk about a health I pledge allegiance to the Flag of the consent for a 30-day extension of expir- care bill Americans have already re- United States of America, and to the Repub- ing tax provisions, including unem- lic for which it stands, one nation under God, jected resoundingly. The American ployment insurance, COBRA, flood in- people thought the debate on this ap- indivisible, with liberty and justice for all. surance, and a number of other impor- f proach to reform was over. They issued tant issues. I hope we can clear that re- their verdict on the substance of the quest later tonight or this afternoon. APPOINTMENT OF ACTING Democratic bills and the process that Senators, of course, will be notified if PRESIDENT PRO TEMPORE was used to force them on the public. there are any votes scheduled. The PRESIDING OFFICER. The Again, we have to finish this jobs bill Yet here we are, once again, being told clerk will please read a communication we are on. We are going to move, as I by the White House we have to con- to the Senate from the President pro explained last night, to the Travel Pro- sider the same health care bills that tempore (Mr. BYRD). motion Act, and then we are going to caused such a backlash across the The legislative clerk read the fol- move to the big package I described a country in December. Democrats either lowing letter: little earlier, which is so important to aren’t listening to the American people U.S. SENATE, do. We will have to do the tax extend- or they are going down the same road PRESIDENT PRO TEMPORE, ers, unemployment insurance exten- they have gone down again and again Washington, DC, February 23, 2010. over the past year: put a bill together To the Senate: sion for a reasonable period of time, along with COBRA. We are going to behind closed doors and then try to Under the provisions of rule I, paragraph 3, force it through Congress along a of the Standing Rules of the Senate, I hereby take a look at FMAP as something appoint the Honorable JEANNE SHAHEEN, a that needs to be done. We will discuss party-line vote and ultimately onto a Senator from the State of New Hampshire, that in more detail when we get the public that doesn’t want it. to perform the duties of the Chair. timelines defined. Americans don’t want to be told ROBERT C. BYRD, I suggest the absence of a quorum. what is best for them. They call the President pro tempore. The ACTING PRESIDENT pro tem- shots. What they are telling lawmakers Mrs. SHAHEEN thereupon assumed pore. The clerk will call the roll. in Washington to do on health care is the chair as Acting President pro tem- The legislative clerk proceeded to to stop and start over. They want us to pore. call the roll. put the old bills on the shelf, pull out

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

S677

VerDate Nov 24 2008 00:12 Feb 24, 2010 Jkt 089060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A23FE6.000 S23FEPT1 jbell on DSKDVH8Z91PROD with SENATE S678 CONGRESSIONAL RECORD — SENATE February 23, 2010 a clean sheet of paper, bring all the MORNING BUSINESS ‘‘We’re pretty close,’’ [the majority leader] parties together, and start over. said Friday during a television appearance in The ACTING PRESIDENT pro tem- Nevada, adding that he thought ‘‘fat cats’’ They are telling us they want a new pore. Under the previous order, there would have benefitted too much from the bill. It is no wonder, since the bills we will be a period of morning business for larger Baucus-Grassley bill. have seen would slash Medicare, in- 1 hour, with Senators permitted to Understand, Senator BAUCUS is a crease taxes, and lead to higher insur- speak therein for up to 10 minutes Democrat, I am a Republican. The por- ance premiums. You could call this each, with the time equally divided and trait being painted, then, by certain kind of approach many things, but you controlled between the two leaders or members of the majority, echoed with- can’t call it reform. Americans want their designees, with the Republicans out critical examination by people in real reform. That is what I had hoped controlling the first half and the ma- our press, is wildly inaccurate. For one Thursday’s meeting at the White House jority controlling the final half. thing, the tax extenders include provi- would present, an opportunity for us to The Senator from Iowa is recognized. sions such as the deduction for quali- share the best ideas and work together f fied tuition for college and related ex- on commonsense solutions. I am dis- penses and also the deduction for cer- appointed the White House seems to JOBS LEGISLATION tain expenses for elementary and sec- view it instead as an opportunity to Mr. GRASSLEY. Madam President, I ondary schoolteachers. That ended De- simply restart where we left off in De- yield myself such time as I may con- cember 31. It is going to mean tax in- cember. Americans don’t know how sume. I rise to address the jobs issue creases for these families if we don’t else to say it. They are not interested and the bill before the Senate. Part of reinstitute it. If you are going to col- in reform that starts with either of it is to show to my fellow Senators and lege or if you are a grade school teach- these two bills. The American people the American people that the Demo- er, the Senate Democratic leadership have been quite clear about that. They cratic leadership has a different view thinks you are a fat cat, so you are on are not interested in reform that starts on this bill before us that is a partisan your own. If your house was destroyed with either of these two bills. bill, particularly in regard to the ab- in a recent natural disaster and you If you think they are mad about the sence of tax extenders being in that still need any of the temporary dis- process they have seen so far, wait bill, compared to what they have over aster relief provisions contained in this until Democrats in Washington com- several of the recent years, which was extenders package, too bad, because pletely ignore them and try to jam very supportive of these tax provisions helping you would amount to corporate these bills through one more time. Peo- that are left out of this bill. I will ex- giveaways in the eyes of some around ple aren’t interested in so-called re- plain it this way. here. form that raises costs instead of low- Although the Senate Democratic The bipartisan package that was ering them. They are not interested in leader was highly involved in the de- shelved included an extension of unem- massive cuts to Medicare. They are not velopment of the bipartisan bill, he ar- ployment insurance and also a COBRA interested in new taxes at a time when bitrarily decided to replace it with a health insurance extension. Do these we are already struggling. They are not bill now being jammed through the provisions benefit corporate fat cats? interested in a government-run health Senate. From the start, this was some- The answer is obviously no. Therefore, the common, ordinary person, Main care system that will inevitably lead to thing Senator BAUCUS and I were work- delays and to rationing. They want ing on with both leaders of the Senate. Street America, smalltown America or step-by-step reforms that address the Somehow, that didn’t seem to work in big city America, the working people core of our problem, which is cost, not the end, as we thought it was working of this country, that is who will benefit grand government schemes that only very well as we were moving along. As from those provisions that are left out expand existing problems, increase our much as I was surprised by the Demo- of this bill. The tax extenders have also been rou- debt, and extend the reach of govern- cratic leader’s disregard for bipartisan- tinely passed and repeatedly passed be- ment further and further into our lives. ship, I am even more surprised by the cause, in fact, they are and have been Reform is necessary. Unfortunately, explanation given by him and his peo- bipartisan and have been very popular it seems Washington Democrats are so ple who speak for him. and have been very beneficial to the wedded to their own flawed vision of Perhaps the most significant change economy. Democrats have consistently reform that they would rather have between the bipartisan package Chair- voted in favor of extending these tax nothing at all done about health care man BAUCUS and I helped put together provisions. Let me as an example refer than to implement the kinds of and the package we voted to move to is to House Speaker NANCY PELOSI, who changes Americans want. the package of expired tax provisions released a very strong statement upon has been removed. These expired tax When it comes to solving problems, the House package of tax extenders in provisions are the ones I referred to as Americans want us to listen first and December 2009. Just 6 weeks ago, the tax extenders. These generally very then, if necessary, offer targeted, step- other body passed these tax extenders. popular and certainly bipartisan tax by-step solutions. Above all, they are This is what the leader of the Demo- extender provisions have, in fact, been tired of a process that shuts them out. cratic Party in the House had to say in extended several times over the past They are tired of giant bills negotiated December 2009, not very long ago: that few years. What is surprising is that in secret, then jammed through on a it is ‘‘good for business, good for home- hyperpartisan members of the majority party-line vote in the middle of the owners, and good for our commu- have suddenly somehow decided tax ex- night. It should be clear by now, Amer- nities.’’ icans are tired of grand schemes im- tenders are what they refer to as ‘‘par- In 2006, the then-Democratic leader posed from above. They have been tell- tisan pork for Republicans.’’ A rep- released a blistering statement: resentative sample comes from one re- ing us exactly that for an entire year. After Bush Republicans in the Senate Incredibly, our friends on the other port which describes the bipartisan bill blocked passage of critical tax extenders [beside still don’t seem to get it. But as ‘‘an extension of soon-to-expire tax cause] American families and businesses are Americans see what is going on, and breaks that are highly beneficial to paying the price because this Do Nothing Re- that is why they will reject this bill major corporations, known as tax ex- publican Congress refuses to extend impor- one more time. tenders, as well as other corporate tant tax breaks. I yield the floor. giveaways that have been designed to Recent bipartisan votes in the Senate win GOP support.’’ Like this is some- on extending expiring tax provisions f thing that only Republicans have ever have come in the Emergency Economic been for or it is just for major corpora- Stabilization Act of 2008, the Tax Re- tions. lief and Health Care Act of 2006, which RESERVATION OF LEADER TIME There is another quote in the Wash- passed the Senate by unanimous vote, The ACTING PRESIDENT pro tem- ington Post which includes this attri- and the Working Families Tax Relief pore. Under the previous order, the bution to the Senate Democratic lead- Act of 2004, which was originally passed leadership time is reserved. ership: in the Senate by a simple voice vote,

VerDate Nov 24 2008 00:12 Feb 24, 2010 Jkt 089060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G23FE6.002 S23FEPT1 jbell on DSKDVH8Z91PROD with SENATE February 23, 2010 CONGRESSIONAL RECORD — SENATE S679 although the conference report re- North Dakota. Only 6 States out of 50 time or another, quote Abraham Lin- ceived 92 votes in favor and a whopping do not have some biodiesel production coln: ‘‘These Americans gave the last 3 against. That doesn’t sound, to me, layoffs because Congress did not act by full measure of devotion to their coun- like these tax extenders are just for December 31 of last year. try.’’ No one said it better than Lin- GOP corporate fat cats. You know what. We just had to stay coln. He captured the essence of their According to the nonpartisan Con- in session on Christmas Eve—because service and the sense of loss we all feel gressional Research Service, extension we had not met on Christmas Eve since when someone who is serving their of several of these provisions goes back 1895—to pass a health care reform bill country is lost in combat. even further, including the Tax Relief that does not take effect until 2014. LCpl Larry Johnson’s duties were the Extension Act of 1999, which passed the Think of that. Let people in the bio- following: He was the combat engineer. Senate by unanimous consent and lost diesel industry be laid off because Con- His main responsibility was to combat just one Senator voting against it com- gress cannot act because we had to and detect improvised explosive de- ing out of conference. work on a bill that does not take effect vices, and we know them by the acro- Why have Democrats in the last few until the year 2014. nym IEDs. He lost his life doing that weeks or maybe in just the last few So we need to turn away from talk work. Just 19 years old, he was a grad- days turned against the extenders, par- about GOP corporate fat cats. We have uate of Scranton High School in 2008. ticularly considering it passed over- to start thinking about those teachers In instances such as this, probably whelmingly in the House of Represent- having income tax provisions to be able the best testimony about the soldier’s atives with Democratic support? The to deduct expenses they have for their life, their commitment to their coun- only explanation to this behavior is classrooms. We ought to think about try and the sacrifice they made, prob- that certain Senators have decided it these biodiesel workers being laid off. ably the best testament of all of those serves deeply partisan goals to slander We ought to be thinking about the peo- subjects comes from members of their what have been, for several years, very ple who are harmed by the floods and family. In this case, there was testi- bipartisan and very popular tax provi- have an extension of the temporary tax mony in news articles over the last sions benefiting many different people. relief for them and quit bad-mouthing couple of days from friends and teach- Yesterday’s Washington Post article, popular bipartisan proposals that we ers, but, of course, most poignantly from which I quoted, includes a state- need to pass and should have passed and most movingly from Larry John- ment from a Democratic leadership yet last year, as the House of Rep- son’s family. Yesterday in the Scran- aide saying that: resentatives did. So we need to get ton Time-Tribune there was an article No decisions have been made, but anyone back to work on a bipartisan package among several over the course of a cou- expecting us immediately to go back to a that was in the works until the Demo- ple of days, but this article in par- bill that includes tax extenders will be sorely cratic leadership dramatically changed ticular focused on Larry Johnson’s disappointed. directions and went partisan. family. I unanimous consent to have Having put their heads into the sand, I yield the floor, and I suggest the ab- printed in the RECORD two stories, one this Chamber’s leaders seem intent on sence of a quorum. entitled ‘‘Teacher Recalls Scranton keeping them there, based on that pre- The ACTING PRESIDENT pro tem- Marine’s ‘Really Good Heart.’ ’’ That is vious quote. The bill, as currently writ- pore. The clerk will call the roll. the name of the first story. That is ten, would allow employers of illegal The legislative clerk proceeded to February 21. The second story I ask workers to benefit from the payroll tax call the roll. unanimous consent to have printed in holiday. For sure, we should correct Ms. LANDRIEU. Madam President, I the RECORD is entitled ‘‘Knock at the that mistake with an amendment. But ask unanimous consent that the order Door Brought Tragedy Home for Ma- under this parliamentary setup, you for the quorum call be rescinded. rine’s Kin.’’ That is from Borys can only offer an amendment if not a The ACTING PRESIDENT pro tem- Krawczeniuk, February 22. single Senator objects to setting aside pore. Without objection, it is so or- There being no objection, the mate- the existing business and replacing it dered. rial was ordered to be printed in the with a new idea. The leadership’s pos- Ms. LANDRIEU. I wish to speak for RECORD, as follows: ture on this bill now prohibits this cor- up to 10 minutes as in morning busi- [From citizensvoice.com, Feb. 22, 2010] rection of giving illegal workers the ness. FOR MARINE’S FAMILY, KNOCK AT DOOR benefit of a payroll tax holiday or the The ACTING PRESIDENT pro tem- BROUGHT TRAGEDY HOME employer that employs them. Either pore. Without objection, it is so or- (By Borys Krawczeniuk) dered. the Democratic leaders are playing Johanna Johnson thought she would die partisan politics with tax extenders or (The remarks of Ms. LANDRIEU per- first, not any of her four kids. they don’t understand the worth of the taining to the submission of S. Res. 419 ‘‘You’re not supposed to bury your son. provisions to the economy as a whole are located in today’s RECORD under Your son is supposed to bury you,’’ Johnson, and, most importantly, job retention ‘‘Submitted Resolutions.’’) 43, said Sunday. ‘‘It isn’t supposed to be this and job creation. The ACTING PRESIDENT pro tem- way.’’ I wish to speak about a very specific pore. The Senator from Pennsylvania. She worried about Larry, her third child, industry where 23,000 jobs are at risk the Marine in Afghanistan, the one who f loved the outdoors and a good time and loved and, in some instances, people actually HONORING OUR ARMED FORCES his mom so much that he always promised without a job since December 31 be- he would someday make sure she no longer cause the biodiesel tax credit has been LANCE CORPORAL LARRY JOHNSON had to work. He would buy her a double- allowed to expire on December 31. That Mr. CASEY. Madam President, I rise block home in California, and she would live is one of the many tax extenders. for two purposes this morning. The on one side and live off the rent from the These workers are not GOP corporate first is to speak about a native of other half. fat cats, and in case anybody thinks Scranton, PA, who died serving our ‘‘I’m 43 and he’s acting like I’m 70,’’ John- biodiesel—because it is connected to country in Afghanistan. LCpl Larry M. son said. She worried about him the way a mom agriculture—is related just to Iowans, Johnson, just 19 years old, lost his life worries about a son fighting a war a world let me make it very clear that these in the service to his country in the last away, but this was not supposed to happen. green jobs are in 44 of the 50 States, couple of days. He becomes for Penn- Two serious-looking Marines are not sup- with thousands of people unemployed. sylvania the 43rd soldier killed in ac- posed to come to the door of a tiny, third- There are 24 facilities in Texas, 15 in tion in Afghanistan, with an additional floor apartment on Moosic Street in Scran- my State of Iowa, 6 in Illinois, 6 in Mis- 191 Pennsylvanians who have been ton to report that your son gave his life in souri, and 4 facilities in Washington wounded at last count. service to his country. State. Ohio has 11 facilities, there are 5 When we lose one of our brave young Last Thursday, they did. The official Marine version says Lance Cpl. facilities in Indiana, 3 each in Mis- soldiers in Afghanistan or Iraq or any- Larry M. Johnson, 19, of Scranton, died that sissippi and South Carolina, 7 in Penn- where around the world, we have a lot day ‘‘as a result of a hostile incident while sylvania, and 4 in Arkansas. New Jer- to say about their sacrifice and their conducting combat operations in Helmand sey has 2 facilities, there is 1 facility in service. I often, as we all do at one province, Afghanistan.’’

VerDate Nov 24 2008 01:30 Feb 24, 2010 Jkt 089060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G23FE6.003 S23FEPT1 jbell on DSKDVH8Z91PROD with SENATE S680 CONGRESSIONAL RECORD — SENATE February 23, 2010 Family members say a Marine who trans- sion was being planned, and secrecy was es- Larry. She talked about the knock at ported his body to the U.S. told them Cpl. sential. the door that no family, no mother or Johnson, trained as a combat engineer whose ‘‘I was stressing over my phone not ring- father, no brother or sister—no loved ing,’’ Johanna Johnson said. ‘‘I kept saying job was to seek and destroy improvised ex- one—ever wants to be present for. But plosive devices, was the victim of one him- ‘Why isn’t he calling me? I wish he would self. He was part of the renewed thrust into call me.’ ’’ Ashley heard the knock at the door. It Helmand, the United States’ biggest push in was a hard knock at the door, she re- Afghanistan since 2001. The goal is to chase [From the Scranton Times-Tribune, Feb. 21, membered. The one marine who was at away the Taliban. 2010] the door asked, ‘‘Is your mom home?’’ His funeral will be Thursday or Friday, ‘‘TEACHER RECALLS SCRANTON MARINE’S This is what Ashley said after that. family members said. ‘REALLY GOOD HEART’ ’’ She went to turn away, and she asked Johanna Johnson was not home when the (By Erin L. Nissley) herself: Wait, did something happen to Marines arrived with the bad news. Jennifer Brotherton remembers former my brother? He never actually said— She was at work, second day on the job on student Larry M. Johnson as a good-natured the marine at the door—that Larry Mi- the assembly line packaging helmet shields kid who almost always had a smile on his at Gentex Corp. in Simpson where they make chael Johnson was dead, but Ashley face. said the following: the helmets American troops wear in places When the Scranton High School teacher like Afghanistan. heard Friday the 19-year-old 2008 graduate I just knew. I saw the look on their face Ashley, 21, Larry Johnson’s older sister, was killed while serving with the Marines in that he was dead. I didn’t even have to ask heard the knock on the door from the bath- Afghanistan, she was shocked. the question. room. ‘‘He had a really good heart and he was so The story goes on to talk about It was a hard knock, she remembered. full of energy,’’ said Ms. Brotherton, who Larry’s father, by the same name— ‘‘Is your mom home one Marine asked. was Lance Cpl. Johnson’s English teacher in Larry—who was an Army veteran who ‘‘I went to turn away and I was like, ‘Wait, 2006–2007. served his country as well. It is talking did something happen to my brother?’ ’’ Ash- ‘‘Any time a child dies, it’s too soon,’’ she ley Johnson asked. added. about how his father prepared him to They never actually said Larry Michael Lance Cpl. Johnson was a combat engineer go into the Marine Corps once Larry Johnson was dead. assigned to 2nd Combat Engineer Battalion, made the decision to become a marine. ‘‘I just knew,’’ Ashley said. ‘‘I saw the look 2nd Marine Expeditionary Brigade. He joined Then the story ends with a couple of in their face that he was dead. I didn’t even the Marines after graduating from Scranton references to, again, Larry’s mom—the have to ask the question.’’ High School and was promoted to lance cor- one he had a dream for, the one he She broke down. She chokes up re-telling poral on Dec. 1. wanted to build a house in California the story. Information released Saturday by military for someday in the future. The story Her brother, a 2008 Scranton High School officials indicates that Lance Cpl. Johnson graduate, always smiled. He loved to laugh died Thursday ‘‘as a result of a hostile inci- says: and was good at breaking the silence when a dent while conducting combat operations’’ in At Christmas, he sent his mother a deep conversation paused with a joke. Helmand Province, Afghanistan. His remains fryer and a crock pot that he bought online He was no more than 5 feet 7 inches tall, arrived in Dover, Del., on Saturday. from WalMart. and suggesting Larry Johnson would be a Efforts to contact family members were He wanted to send that to her. Marine might bring a chuckle. He enlisted in unsuccessful. It says: October 2008 only two weeks after surprising Scranton School District officials plan to On patrol, he would sometimes call [his his mother with his decision. reach out to the family in the coming days mother] via a satellite phone, sometimes His father, an Army veteran also named ‘‘to see what they might need,’’ said Gregg when he should not have. Larry Johnson, would do his best to get his Sunday, the district’s business manager. son to bulk up by lifting weights, but pic- ‘‘I can’t imagine what the family is going But, again, he loved his mother. tures show a skinny kid. In a senior prom through right now,’’ Mr. Sunday said. ‘‘It’s a Johanna Johnson is quoted toward picture, he has a barely visible pencil-thin tragedy.’’ the end of the story: mustache. Lance Cpl. Johnson was deployed to Af- He’d be out on a mission and he would call His sister Ashley always wanted to take ghanistan in October. His awards include the me. He always worried about his mother. care of him. Afghanistan Campaign Medal, National De- There is really not a lot more I could He wanted to care for animals. As a 10- fense Service Medal, Global War on Ter- say about his life and his sacrifice than rorism Service Medal and NATO Inter- year-old, he dreamed of being a veterinarian. what was contained in this story about He owned an unnamed python and could national Security Assistance Force Medal. what it means to serve, what it means draw highly detailed pictures of animals. Mr. CASEY. The one that focused on to give, as I said before, in Lincoln’s Outdoors, he snow-boarded, skied, water- his family begins with this line, speak- words, ‘‘the last full measure of devo- skied, camped, rode all-terrain vehicles and ing of Larry Johnson’s family: liked to party, family members said. Though tion to your country.’’ But we know Johanna Johnson thought she would die he was underage, he liked a beer or two now that when these lives are lost, it is not first, not any of her four kids. and then. just about service, it is not just about ‘‘The transformation that these Marines This is what Larry’s mom is quoted combat and the military or the Marine did to Larry was something,’’ said Jeff Whit- as saying in the second line of the Corps. All of that is relevant and criti- ney, Johanna Johnson’s boyfriend, whom story: cally important, but in the end these Cpl. Johnson viewed as a stepfather. ‘‘Not You’re not supposed to bury your son. that he was a bad kid, don’t get me wrong. stories are about families, about moth- Your son is supposed to bury you. It isn’t ers and fathers and brothers and sis- But he was headed in the wrong direction, supposed to be this way. hanging around with knuckleheads. He was ters. headed straight to jail. I kept on him every The story went on to talk about what For those who have loved and lost, time. I kept on his butt.’’ Larry’s hopes and dreams were, not we do our best to try to understand, The Marines did the rest. His Marine pic- only for himself but for his own moth- but we can never fully understand what tures show a boy turning into a man, with er. The story says that Larry Johnson Johanna Johnson and her family are wider biceps and a more rugged look. ‘‘loved his mom so much that he al- living through these last few days and He gained respect for others, family mem- ways promised he would some day will live with the rest of their lives. bers said, always answering, ‘‘Yes, sir’’ or make sure she no longer had to work. They will be able to manage that loss. ‘‘No, sir.’’ After being deployed to Afghani- He would buy her a double-block home stan in October, he talked about how he They will be able to move on. But they would no longer take life for granted. in California, and she would live on one will never be fully recovered from that At Christmas, he sent his mother a deep side and live off the rent from the kind of a loss. fryer and a crock pot he bought online from other half.’’ That was a soldier’s dream We are thinking of Larry Johnson Wal Mart. for his mother—just 19 years old and and his family today. We are praying On patrol, he would sometimes call her via not only thinking about the rest of his for them. We want him and his family a satellite phone, sometimes when he should life, not only volunteering to serve his to know, in our own small way, how not have. country in the Marine Corps and going ‘‘He’d be out on a mission and he would much we appreciate his sacrifice. call me,’’ Johanna Johnson said. ‘‘He always to Afghanistan, but to have a dream— Mr. President, I yield the floor and worried about his mother.’’ a dream for his mother’s future that he suggest the absence of a quorum. The last three weeks, well before he died, hoped to bring to fruition. The PRESIDING OFFICER (Mr. he did not call. It is now apparent to family Larry Johnson’s sister Ashley is 21 UDALL of New Mexico). The clerk will members that he could not because the mis- years old, just 2 years older than call the roll.

VerDate Nov 24 2008 01:30 Feb 24, 2010 Jkt 089060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\A23FE6.001 S23FEPT1 jbell on DSKDVH8Z91PROD with SENATE February 23, 2010 CONGRESSIONAL RECORD — SENATE S681 The assistant legislative clerk pro- every Republican idea, every Repub- The ‘‘greatest generation’’ that did ceeded to call the roll. lican amendment is just being shut out that, that sacrificed and fought and Mr. SPECTER. Mr. President, I ask is really frustrating, even angering to won that war, turned around after the unanimous consent that the order for me as a Republican. But the issue isn’t war and wiped away that debt, sent it the quorum call be rescinded. Republican and Democrat. The issue is down with great prosperity and fiscal The PRESIDING OFFICER. Without what is good and right for the Amer- restraint in the 1950s. But today we are objection, it is so ordered. ican people. The fact is that ideas and nearing those same historic high levels (The remarks of Mr. SPECTER per- amendments on the Senate floor, which of debt, with our overall debt now at taining to the introduction of S. 3017 is supposed to be a place of unlimited about 100 percent of GDP, but, obvi- are located in today’s RECORD under debate, virtually unlimited ability to ously, without the historical cir- ‘‘Statements of Introduced Bills and offer good ideas, to offer amendments, cumstances such as we had in World Joint Resolutions.’’) that is being completely subverted, and War II. Mr. SPECTER. Mr. President, I yield all amendments are being shut out. The other thing we don’t have is that the floor and suggest the absence of a Because of that, I am going to ask plan to get rid of it, that determina- quorum. unanimous consent that we break out tion to reverse course and get our fis- The PRESIDING OFFICER. The of that logjam, that we break out of cal house in order because we don’t clerk will call the roll. that bitter partisanship and consider, have that plan either. In fact, we are in The assistant legislative clerk pro- with an open mind, one amendment I a huge fiscal debt hole, and we have ceeded to call the roll. am bringing forward. But let me spend not even stopped digging. In fact, the Mr. VITTER. I ask unanimous con- a few minutes outlining that amend- only thing this administration and this sent that the order for the quorum call ment. liberal Congress have done in the last be rescinded. As we look on the job picture and the year is to put down the shovel digging The PRESIDING OFFICER. Without economy over the last year, as I talk and used a backhoe instead, specifi- objection, it is so ordered. about that job picture over the last cally to pass a budget that takes that year with folks in my State, I hear two f historically high level of debt and dou- dominant concerns. No. 1, we are still bles it in 5 years and triples it in 10 CONCLUSION OF MORNING in a heck of a recession. The job cre- years. BUSINESS ation that was promised a year ago In the face of those two enormous The PRESIDING OFFICER. Morning with the stimulus just hasn’t panned challenges, we need to create jobs business is closed. out. The promise of staying below 8 much more effectively than we have in percent unemployment, minimizing f the last year, and we need to get spend- that job loss, clearly, tragically, unfor- ing and debt under control. COMMERCE, JUSTICE, SCIENCE, tunately never panned out. The Presi- I proposed last March legislation AND RELATED AGENCIES APPRO- dent promised his stimulus would keep that I and my cosponsors called the no- PRIATIONS ACT, 2010 us below 8 percent. Unfortunately, as cost stimulus act. The no-cost stimulus The PRESIDING OFFICER. Under we all know, unemployment nationally act is about just that, creating great the previous order, the Senate will re- went above 10 percent. Right now it American jobs, stimulating the econ- sume consideration of the motion to still hovers near 10 percent, just a omy, helping us get out of this reces- concur with an amendment to the shade below that. And, again, unfortu- sion, using a fundamentally different House amendment to the Senate nately, the Federal Reserve has issued model than the last year, at no cost to amendment to H.R. 2847, which the a report recently warning that sort of the taxpayer, not continuing to drop clerk will report. high level of unemployment would be hard-earned taxpayer dollars out of The bill clerk read as follows: with us for several years to come. helicopters—a fundamentally different A House message to accompany H.R. 2847, What I hear from Louisianans all approach at no cost to the taxpayer. an act making appropriations for the Depart- around the State—and I would cer- In fact, it will produce new Federal ments of Commerce and Justice and Science, tainly trust what Members from every revenue and lower our level of deficit and Related Agencies for the fiscal year end- State of the Union hear in their home and debt. ing September 30, 2010, and for other pur- States—is that we need a better model How do we do that? We do it by focus- poses. to create jobs, to jump-start this econ- ing on our domestic energy sector, by Pending: omy, to get us out of this serious reces- opening access to domestic energy we Reid amendment No. 3310 (to the House sion. have in great quantities in this coun- amendment to the Senate amendment), in The other big theme and concern I try, by decreasing our reliance on for- the nature of a substitute. hear all around Louisiana is: What are eign sources and creating great Amer- Reid amendment No. 3311 (to the amend- you all doing about this unsustainable ican jobs in the process. Again, we do ment No. 3310), to change the enactment level of spending and debt? I share that this by opening access to our tremen- date. fear. I share that concern. Even as we dous energy reserves we have. The PRESIDING OFFICER. The Sen- struggle to get out of this recession— We are the only country on Earth ator from Louisiana. and we are not near there yet—I am that has major, significant energy re- Mr. VITTER. Mr. President, I rise to fearful that the next economic crisis is sources but that puts 95 percent of talk about what I believe should be our coming based on spending and debt, them off limits under Federal law and top priority, almost our exclusive focus unsustainable levels of spending and says: No, no, no, no, you cannot touch in terms of immediate work, and that debt. We are near debt levels today that. You cannot touch 95 percent of is the issue of jobs and the economy. comparable to where this Nation was our domestic energy resources. Doing so, I applaud the fact that fi- at the end of World War II compared to We need to change that both to im- nally as a body we are somewhat fo- GDP. prove our energy situation and to cre- cused on that. We are debating a bill I don’t like the idea of going into ate good American jobs because the an- having to do with job creation, eco- heavy debt for anything, but if we are swer on the energy front is not either/ nomic growth. But at the same time, I going to do it as a nation, surely the or. It is not either drill for traditional find it unfortunate, really sad, that as reason we had with World War II, the sources, such as oil and gas, or develop we take up that top agenda item for need to build a modern Army over- new technology, new research and de- the American people we do so by tak- night, unlike any military we had ever velopment. The American people know ing up a bill of the majority leader, had before that, to defeat Hitler, to it is not either/or; it is all of the above, which is fine, but in a way under which preserve freedom and democracy, lit- and we need to do all of the above ag- he completely shuts out any oppor- erally our way of life, surely that rea- gressively. tunity for amendment on the floor of son is a pretty darn good one. That is This bill fits right into that common- the Senate. why we as a nation went into debt, got sense, all-of-the-above mentality of the Again, I find that process really un- up to 120 percent of GDP at the end of American people. We open access to do- fair and unfortunate. The fact that World War II. mestic energy reserves. We produce

VerDate Nov 24 2008 00:12 Feb 24, 2010 Jkt 089060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G23FE6.006 S23FEPT1 jbell on DSKDVH8Z91PROD with SENATE S682 CONGRESSIONAL RECORD — SENATE February 23, 2010 more energy here at home. In doing so, taxpayer dollars, increasing deficit and all of them; the senior Senator from we grow great American jobs—2 mil- debt at an alarming rate. Again, I find my State, GEORGE VOINOVICH, has co- lion long-term, sustainable, well-pay- it unfortunate that is the partisan pro- operated a lot of times on a lot of ing jobs. In doing that, we increase cedural position we are in. But I will things, unlike some of his colleagues, GDP by as much as $10 trillion over the continue with my Senate coauthors, but there are senior Senators on that next 30 years. with the 50 House coauthors of this no- side of the aisle, where their goal is to But we accomplish even more. We cost stimulus proposal to advance this see the President of the United States lessen our dependence on foreign idea as part of a reasonable solution to fail. If the President of the United sources. We do not spend additional grow good jobs without having to spend States fails, this country does not taxpayer dollars and go deeper into another trillion dollars of hard-earned move forward. debt. By creating these jobs and domes- taxpayer dollars and increased deficit We are in the worst economic times tic energy, we actually increase Fed- and debt. of my lifetime, brought on by terrible eral revenue. Because what happens I yield the floor. policies in the last 8 years: bank de- when we open our energy resources for The PRESIDING OFFICER. The Sen- regulation, tax cuts for the rich, a war production? That production comes on- ator from Ohio is recognized. not paid for, a giveaway to drug com- line, royalty goes to the Federal Gov- Mr. BROWN of Ohio. Mr. President, I panies and the insurance companies in ernment—new Federal revenue—and we come down to the floor and I hear the the name of Medicare privatization, decrease deficit and debt. It truly is a Senator from Louisiana saying he has causing all these problems that we in- win-win-win. been in the Senate for years and he herited a year ago, and all they want Part of that is also focusing on the cannot believe we cannot debate these to do is stop the jobs bill. They voted nuclear side, developing what many things. I have watched over the last 13 last night—the Senator who just com- folks, including the President, have months since President Obama took plained about not being able to debate talked about but which we have not ac- the oath of office—13 months and less voted last night not to even allow the complished yet: a true nuclear renais- than a week—and I am incredulous the bill on the floor, as he did on health sance, a true streamlining of nuclear Senator from Louisiana would say care, as he has done on issue after issue programs so we can dramatically in- what he says; that we, in fact, do not after issue. crease that capacity, particularly pro- allow debate in this institution, when It is not personal to me what they ducing electricity. more than 100 times, just in the last 13 are doing, but it is certainly wrong Finally, let me mention the other months—I think maybe 110 times; I when they try to block issue after part of the win-win-win which is in this cannot keep count because we add a issue, bill after bill. We can disagree on legislation. We devote some significant few every day or every week—more what we need to do to bring this coun- portion of the new, additional Federal than 100 times the other party, the Re- try forward. We can disagree on the revenue created to alternative energy publicans, have obstructed, have de- jobs bill. We can disagree on the health research and development. So, again, it layed, have stopped us from moving care bill. But we ought to be able to is not either/or; it is all of the above. forward. agree we can have full debate, move This proposal has significant support. We have had plenty of time to de- forward, work on this legislation, and I am very proud to say we now have 18 bate. We will stay here weekends. We pass it in a reasonable time so every Senators who are coauthors of the pro- will stay here evenings. But when it is Senator does not talk it to death in the posal. There is a companion bill in the not debate they want, it is to block way of stopping it, in the way of ob- House with 50 coauthors there. So it is things—maybe talking things to death structionism. a significant proposal with significant is the way they block things; maybe I yield the floor. support. It represents a win-win-win they just object to things—but time f for the American people and the Amer- and time again we have had the ‘‘slow ican economy in this time of serious walk’’ on health care, so we have not RECESS recession. been able to put a bill on the Presi- Mr. BROWN of Ohio. Mr. President, I So why shouldn’t this be actively dent’s desk. That is not because people ask unanimous consent that the Sen- considered and debated and voted on, do not have ideas. It is not because ate now recess until 2:15 p.m., as pro- on the floor of the Senate? We are sup- people want to shut down debate. It is vided for under the previous order. posed to be considering a jobs bill. because they have tried to stop these There being no objection, the Senate, That is progress. At least, finally, we bills on issue after issue after issue. at 12:25 p.m., recessed until 2:15 p.m. are focused on jobs. But why is every I remember something so simple as and reassembled when called to order alternative, every amendment being the children’s health insurance bill, by the Presiding Officer (Mr. BEGICH). shut out by the majority leader, in- which President Bush vetoed but many f people in both parties supported. They cluding this valid alternative? COMMERCE, JUSTICE, SCIENCE, So in that vein, Mr. President, I ask tried to slow that down. They tried to AND RELATED AGENCIES APPRO- unanimous consent that it be in order slow the Lilly Ledbetter legislation PRIATIONS ACT, 2010—Continued for me to offer amendment No. 3318, which we passed to try to make sure which is filed at the desk. women doing the same job in the same The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Is there place are paid as much as men doing ator from Maryland. objection? the same job in the same place. Ms. MIKULSKI. Mr. President, I ask Mr. BROWN of Ohio. Mr. President, I I could stand here, Mr. President, as unanimous consent to speak as in object. you could, representing your constitu- morning business. The PRESIDING OFFICER. Objec- ents in Santa Fe and Taos and all over The PRESIDING OFFICER. Without tion is heard. New Mexico—you could do the same as objection, it is so ordered. Mr. VITTER. Well, again, I came to I can do, representing my constituents METRO SAFETY the Senate hearing this was the body of in Toledo and Dayton and Galion and Ms. MIKULSKI. Mr. President, I rise full and open debate, full and open con- Saint Clairsville—and point out that to speak about the current state of af- sideration of amendments. The prob- when we have tried to get things done, fairs in the Washington Metro and why lem is my experience here in 5 years they have blocked it. we need to bring about change. The has been anything but that, including We do want bipartisanship. But the Washington Metro, America’s subway, yet again this week on this legislation, public, more than anything, wants us is in trouble. I fear for its safety. I fear as we are trying to address the top to get things done. The Senator from for its operational reliance. I fear for issue of the American people: jobs and Louisiana has been one of the leaders, the well-being of both the passengers the economy. in conjunction with one of his other re- and the workers who ride Metro. Why can’t we have a full debate? Why gional Senators, who has said health Every morning, I am afraid to wake can’t we have open consideration of care could be President Obama’s Wa- up and find out that there has been an- amendments, including this alter- terloo. There are people in this institu- other accident or death on the Wash- native model to continuing to spend tion on the other side of the aisle—not ington Metro. Most recently, a Metro

VerDate Nov 24 2008 00:12 Feb 24, 2010 Jkt 089060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G23FE6.020 S23FEPT1 jbell on DSKDVH8Z91PROD with SENATE February 23, 2010 CONGRESSIONAL RECORD — SENATE S683 train carrying 345 passengers derailed them to work with the safety inspec- ty standards, and it requires DOT to underground in the heart of downtown. tors and actually walk the tracks to implement the NTSB, the National It was Friday when the Federal Gov- try to get some action. We had to mus- Transportation Safety Board’s, most ernment reopened after our big No. 2 cle our way in, just trying to get the wanted safety recommendations. They blizzard. The train somehow managed Tri-State folks involved in safety. have what they call their top 10. It to get on the wrong track as it was Well, for me, right now, the spotlight would have standards for the crash- leaving the station. Thank God a safe- is the Washington Metro. My obliga- worthiness of cars. It would mandate ty device actually worked and pushed tion is here. There are other Metro sys- evacuation standards so that people the train off of the wrong track to pre- tems around the country that this bill could get out of these cars in the event vent it from crashing into another will also deal with, but right now, my- of an accident. It would have the black train. Thankfully, a near miss. self and Senator CARDIN, John War- box data recording device so we could In June, there was a terrible crash of ner—MARK WARNER—John Warner in trace what happens on a car and have the Metro, cars upon cars upon cars. his time—JIM WEBB, and Congress- the lessons learned. It would also deal Since that time, 13 people have died on woman ELEANOR HOLMES NORTON want with the hour of service regulations for the Metro, and there have been count- to work together. We want to work train operators. It requires that we do less injuries. That is why that terrible with the Banking Committee to pass these actions. day after our No. 2 blizzard, many sat legislation that would bring about So for these issues—the crash- in the dark, scared to death. They were change. We want to make sure that worthiness, the train cars, the emer- afraid of being crashed into, which had when we make recommendations, the gency entry and evacuation, data—all happened before. They were afraid of FTA—the Federal Transit Authority— of this has been recommended in the fire. They were afraid of smoke. They has the authority to implement the past by the NTSB. In 2002 they rec- were afraid of being trapped and, most changes and to make sure that Metros ommended data event recorders. Noth- of all, they were afraid that Congress both here and around the country im- ing happened. They recommended would fail to act. plement them. emergency evacuation standards in I wish to salute the Subcommittee on We also want to require that the im- 2006. Nothing happened. They rec- Housing, Transportation, and Commu- plementation of the NTSB’s most ommended hours of service to make nity Development chaired by my good wanted list is absolutely done so when sure our people were fresh and fit for colleague Senator BOB MENENDEZ, for we say let’s have crashworthy stand- duty. Nothing happened. We know taking a great interest in this and in- ards for our cars, it is actually imple- what happens: accidents in which peo- troducing legislation that the adminis- mented. Did you know we have stand- ple die, are maimed, burned, or injured. tration sanctions to begin to get Metro ards for everything that is involved in It is time we listened to the experts on the right track. We need to do this. transportation but not standards for who advise us. It is time that we en- Last year, after the nine people were the safety or the crashworthiness of sure the safety of the people who ride killed, I introduced legislation to give these cars? These two bills are impor- the Metro here. It is time that we take the Transportation Secretary the au- tant because there are no Federal safe- action and be able to bring this under thority to establish Federal safety ty standards for Metro systems. Rail the Federal Transit Authority. The standards for Metro systems around transit is the only transportation mode people who count on us when they get the country. There had been none. It without safety standards oversight or on a subway should be able to count on would require the Transportation Sec- enforcement. As I said, we have safety us to do all we can to ensure their safe- retary to implement the National standards for airplanes, commuter rail ty. Transportation Safety Board’s most systems, even buses, but Metro sys- The PRESIDING OFFICER. The Sen- wanted safety recommendations. tems do not have standards, even ator from New Hampshire. After accidents on subways, after ac- though the rail transit has 14 million Mr. GREGG. Mr. President, I rise cidents on our Metro, the NTSB comes daily riders. Up until now, safety has today to take on a cause which I know in and investigates. Gee, are we glad to been left to the States. Each State has is close to the hearts of my colleagues see them. They are the CSI meets its own safety enforcement practices, on the other side of the aisle, which is Metro. At the end, they not only tell us but in our case of the Washington to assert the privilege of pay-go. I have what went wrong, but what we have to Metro, which travels in two States and heard innumerable arguments made on do to get it right. Well, guess what. We the District of Columbia, we need to the other side of the aisle about the don’t listen to them. After every acci- make sure we have a system that is ap- importance of the pay-go mechanisms dent, there is press—we are going to propriately regulated. in this Congress: how pay-go will be make changes—but nothing happens. The bill that was introduced by the used to discipline our spending as a So, for example, the issues they have Banking Committee and Senator Congress and how pay-go is the way we recommended relating to crash- MENENDEZ yesterday, which I support, get to financial and fiscal responsi- worthiness standards for cars, emer- does two things. It gives the Transpor- bility as a Congress. In fact, 2 weeks gency entry and evacuation standards, tation Secretary authority to establish ago, I believe it was, the majority lead- data event recorders, often go safety standards for Metro, light rail, er came to the floor and offered a unheeded. We have to make those and bus systems nationwide. It pro- brandnew pay-go resolution as a mat- changes, and we need to take another vides a framework for developing and ter of statute and said that this is one step. enforcing those safety standards, and it of the key pillars of the majority party Today, I take another step by joining will look at existing industry stand- and the President in the area of how Senator MENENDEZ, Senator DODD, and ards and best practices. It would also you discipline spending and bring our Senator CARDIN on the Public Trans- have to consider the NTSB’s rec- spending house in order. The President portation Safety Program Act. This is ommendations. has mentioned pay-go on numerous oc- an idea that we have worked on, along I think about those 13 people a lot. I casions also. with the administration, to give the think about the people who ride the Why all this talk about pay-go? Be- Transportation Secretary the author- Metro. I think about the people who cause I think people are beginning to ity to establish Federal safety stand- work on the Metro. So when we talk realize—certainly our constituents— ards. It also strengthens State over- about this legislation, we have to think that the government is spending too sight programs that inspect and regu- of it not in terms of rail cars and much money; that we are running up late the Metro systems. Because Wash- money but in terms of people and in too much debt; that we are passing bill ington Metro is in two States and in terms of safety. after bill after bill in this Congress the District of Columbia—Maryland, That is why I introduced the Na- which we are not paying for. The cost Virginia, and DC—it has the Tri-State tional Metro Safety Act in July after of those bills is going to our children. Oversight Committee. But you know the accident, joined by my colleague We are going to double the Federal what. The Metro board doesn’t have to Senator CARDIN. It enables the Trans- debt here in 2013. We are going to triple pay any attention. In fact, we had to portation Secretary to develop, imple- the Federal debt in 2019 under the raise cane and pound the table to allow ment, and enforce those national safe- President’s budget and the budget

VerDate Nov 24 2008 01:30 Feb 24, 2010 Jkt 089060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G23FE6.024 S23FEPT1 jbell on DSKDVH8Z91PROD with SENATE S684 CONGRESSIONAL RECORD — SENATE February 23, 2010 passed by the Democratic leadership in Senate today—say that pay-go will highway money for this year in this this Congress. The Federal debt in- apply for any legislation that increases bill, multiplied out over 10 years, creases by $11 trillion over the next 9 the deficit in the first 5-year period or comes to $140 billion, and then they years of this budget that is being pro- in the first 10-year period. This bill has have claimed that is all offset, all that posed by the President—$11 trillion. We been scored by CBO as violating that money is offset. How do they claim it get to a point where our Nation is basi- rule. It increases the deficit by $12 bil- is offset? Well, it is tactical, but follow cally spending so much and borrowing lion, unpaid for, in the first 5-year pe- this because it is the ultimate game in so much that our financial house is riod. This bill is, therefore, subject to a double bookkeeping—something Al unsustainable. pay-go point of order. Capone might have done were he run- Those are not my words. Those are We are going to hear a specious argu- ning the books of the Senate. There is the words actually of the Secretary of ment from the other side of the aisle a highway trust fund that doesn’t have the Treasury and the head of OMB. that, well, in the year 2020 we account enough money to pay for the roads They both said their own budget that for all this and we get the money back. they want to build—the highway com- they sent up here was unsustainable in Well, I don’t believe that. I don’t be- mittee in this Congress, the EPW Com- its present form because it spends so lieve the check is in the mail either. mittee. They want to build more roads much more money than we have, and The American people don’t believe than the trust fund has money coming those bills get passed right on to our that. More importantly, the rules of in for, so they take money from the kids. the Senate don’t allow that. The rules general fund and transfer it to the Well, in defense of their sending up a of the Senate make it very clear that if highway trust fund. budget that spends all of this money it adds to the deficit in the first 5 They allege that 10 years ago or so, we don’t have and doubles the debt in years, it is subject to a pay-go point of the highway trust fund lent money to 2013 and triples it in 2019, they said order. And this is not a small amount the general fund and no interest was they were going to assert pay-go rules here; $12 billion is a lot of money. I paid on that money lent to the general which would discipline this Senate on know that under the way we function fund. First off, at the time they passed the issue of spending. At the time they here, and we talk about trillions—and the law that said no interest was to be made that assertion I said, Oh, come the President rolled out just yesterday paid on it—but it would be ridiculous on, give us a break. Over the last 3 a new $100 billion or $200 billion pack- to pay interest between the two funds years that this Congress has been age of health care, added to a $2.4 tril- anyway—even if you accepted that ar- under Democratic control, under lib- lion package of health care—I know gument, you couldn’t get to the num- eral control, in over 20 instances, pay- that billions become lost sometimes in bers they are talking about. What they go as it presently exists in the law was that debate. But $1 billion is a lot of have done is claimed that any money 1 waived, costing over $ ⁄2 trillion in new money, and this is $12 billion added to that comes out of the general fund to 1 spending. Approximately $ ⁄2 trillion our children’s backs in the way of def- fund the highway fund is an offset. that should have been subject to pay- icit and debt. Most Americans see that That is an interesting concept. There- go rules was waived—simply waived— as a lot of money. You could run the fore, it doesn’t get scored against the by the other side of the aisle: We are entire State government of New Hamp- deficit by the highway fund. not going to pay attention to pay-go shire for about 3 years on that. Yet we Where do we get the money we took rules, we are going to spend the money are going to run up the deficit by $12 from the general fund to fund the high- and add the debt to our children’s billion, in violation of our own rules. way fund? The answer is pretty simple: backs. There is something even more out- We borrow it from China, from Saudi I think the American people notice rageous about this bill. It is pretty out- Arabia, from Americans, and our kids this and are certainly frustrated about rageous that we would have all the get a bill called a piece of debt that this, because they intuitively under- sanctimonious discussion from the they have to pay off. This double-entry stand—it is called common sense—if other side of the aisle about how they bookkeeping, in the tradition of Al you spend all of this money you don’t are going to live by pay-go 2 weeks ago Capone basically, when simplified, have, the debt is going to come back to and then have the first bill they bring means that it adds $140 billion of new roost on our children’s backs and it re- forth violate the rules of pay-go. That deficit and debt to the general fund, duces their quality of life. Obviously, if is pretty outrageous in and of itself. which has to be paid by our kids—not you have a government that runs up But this bill, in an act of gamesman- offset, unpaid for, simply money spent. deficits which exceed the capacity of ship that really deserves a special Do you know something. We are our ability to repay them, it is our award—maybe a gold medal at the spending a lot of money around here children who end up paying the cost of Vancouver Olympics for gamesmanship that we don’t have, and it is not right. that profligate spending. It is our chil- in fiscal policy and how you basically I think the American people would like dren who end up with these bills. Their pass on to your children a major new us to stop that. If we are going to spend standard of living will be reduced as a debt without telling them it is com- this money on roads, then let’s pay for result of all of this new deficit and debt ing—certainly this bill would deserve a it. Don’t hide the fact that you are not this Congress has passed and which this gold medal in that category. paying for this with some gamesman- Congress has proposed. On top of the pay-go violation, this So for political cover, they called up ship called offsetting highway fund a couple of weeks ago this pay-go reso- bill creates $140 billion of deficit and with general fund money. I think that lution and said we are going to assert debt. Now, even on the other side of the is a pretty cynical act. If you don’t pay-go around here on everything that aisle, that has to be considered a lot of have the courage to stand before this comes through this Congress. We are money. Maybe they don’t consider $12 Congress and say publicly that we want going to make sure the financial house billion a lot of money, but $140 billion to spend $140 billion and don’t want to of this Congress is disciplined by the has to be big money. So $140 billion of pay for it, then you are not fulfilling rule of pay-go. deficit and debt is built into this bill your responsibility to your constitu- Well, that is why I want to help even though the bill, on its face, states ents, because that is what you are them, because here is a new bill on the that it only spends $12 billion or $15 doing. You have an obligation not to floor of the Senate. billion, something like that. How do try to hide what you are doing in some It violates pay-go. It violates their they do that? How could that possibly sort of bookkeeping manipulation, own rules. It violates this great sanc- be? Because what they have done which gets you a gold medal for book- tity that they claim was going to be here—and as I said, this deserves a gold keeping manipulation but certainly the cause of fiscal discipline—the pay- medal for manipulating the financial doesn’t do anything for transparency go rule. Just a few weeks ago, we house of the Senate and the Congress and honesty in government, on top of passed a pay-go resolution here. What in a way that is avoiding actual ac- having a pay-go violation—$12 billion did we get? Within 2 weeks, we have a countability for the debt you are add- as scored by CBO. bill that violates the pay-go rules. ing onto our children’s shoulders—is This point of order lies. There is $140 The pay-go rules, as we have them— they have put into the baseline the billion of new spending proposed in this and they are the law, the rule of the highway money. So the billions in bill, which isn’t paid for. It is spending

VerDate Nov 24 2008 00:12 Feb 24, 2010 Jkt 089060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G23FE6.025 S23FEPT1 jbell on DSKDVH8Z91PROD with SENATE February 23, 2010 CONGRESSIONAL RECORD — SENATE S685 that isn’t paid for, and it is authorized cently entered into include all relevant geographic, cultural and language bar- and going to be spent. That is pretty points of order that were raised. riers, and racial bias are found to be inexcusable because it is claimed that The PRESIDING OFFICER. Without common obstacles. These inequities it is paid for, which is the real hypoc- objection, it is so ordered. carry a high cost in terms of life ex- risy of what we are seeing. Mr. CARDIN. Mr. President, I ask pectancy, quality of life, and effi- My colleagues on the other side may unanimous consent to speak for up to ciency, and they cost our Nation bil- vote against this point of order. I can- 10 minutes as in morning business. lions of dollars each year. not understand how they can do that, The PRESIDING OFFICER. Without Researchers from Johns Hopkins Uni- and I cannot understand how, when the objection, it is so ordered. versity and the University of Maryland majority leader comes down here—and Mr. CARDIN. Mr. President, I rise found that between 2003 and 2006, racial I am sure he will or one of his rep- today on the occasion of Black History and ethnic disparities cost the Nation resentatives will—and says pay-go Month to recognize the accomplish- more than $229 billion in excess direct should not lie here because in 2020 we ments of three leading Marylanders in medical costs. Adding indirect costs re- are going to pay for all this, that they American medicine. Established by veals a staggering $1.24 trillion from can claim anything other than the fact Howard University historian Carter G. lost wages and premature and prevent- that a pay-go point of order lies. I Woodson in 1927 as Black History able deaths and disabilities. By ele- mean, it does lie. Week, this now month-long celebration vating the focus on health disparities, What is a pay-go point of order? It is is an opportunity to elevate awareness we can bring down these costs and im- the CBO telling us that we have vio- of Black Americans’ contributions to prove the quality of care across the lated our own rules, called pay-go, and our Nation’s history. board. we are spending money that goes to the It is customary for American fami- If we are to improve the health care deficit—in this case, $12 billion. lies to spend time in February learning status of Americans, we must focus on So as a very practical matter this is more about famous Black Americans and eliminate these disparities. One a pretty black-and-white situation: ei- who helped shape our Nation, including step is ensuring every community has ther you are for enforcing fiscal dis- Marylanders Harriet Ross Tubman, the a sufficient supply of well-trained med- cipline here with a pay-go point of ‘‘Moses of her people,’’ who ran the Un- ical professionals, and this is where our order or you are not. I have to say, if derground Railroad, and Justice Nation’s academic medical centers this pay-go point of order fails, then I Thurgood Marshall, the first black Su- play an essential role. All three physi- think we ought to follow it up with a preme Court Justice and the architect cians—Drs. Carson, Higginbotham, and unanimous consent that says we are of the legal strategy leading to the 1954 Wilson—shine as leaders in their med- going to rid ourselves of pay-go as an landmark Brown v. Board of Education ical profession and have devoted their enforcement mechanism because we decision. careers to academic medicine. are then saying it doesn’t mean any- Today, I come to the Senate floor to First is Dr. Benjamin Carson, a thing. Clearly, that would be the only highlight the contributions of three world-renowned pediatric neurosurgeon conclusion you could reach. Marylanders who are currently at the who works daily to save and improve A pay-go point of order makes it pinnacle of the medical profession—Dr. the lives of children as director of pedi- clear: There is $12 billion of deficit Ben Carson, Dr. Eve Higginbotham, atric neurosurgery at Johns Hopkins. spending in the first 5-year window, and Dr. Donald Wilson. Dr. Carson’s story is truly inspiring. He which violates the pay-go rules set up I have spoken before on the crushing was born and raised in Detroit by a by this Senate and specifically pro- burden of health disparities on our mother who encouraged Ben and his posed and promoted by the Democratic health care system and the urgent need brother to work hard and succeed in majority as a way to give us fiscal dis- to eliminate them. It is an issue di- school. Dr. Carson graduated high cipline, and we are ignoring it, over- rectly affecting one out of every three school with honors and was admitted ruling it, and we are bypassing it with Americans: 37 million African Ameri- to Yale University to study psy- this piece of legislation if we do waive cans, 45 million Latinos, 13 million chology. He attended the University of the pay-go rule. Asians, 2.3 million Native Americans Michigan Medical School, specializing At this point, I make a point of order and Alaskan Natives, and 400,000 Ha- in neurosurgery. Dr. Carson completed that the pending amendment offered by waiians and Pacific Islanders in our neurosurgery residency at Johns Hop- the Senator from Nevada, Mr. REID, Nation. While minorities represent kins Hospital, where at age 33 he be- would increase the on-budget deficit one-third of our Nation’s population, came the youngest physician ever to for the sum of years 2010 to 2014. There- they are fully one-half of the unin- head a major division there. Dr. Carson fore, I raise a point of order against the sured. So when we enact legislation has surgically separated several pairs amendment pursuant to section 201(a) that expands access to millions of un- of conjoined twins and has pioneered of S. Con. Res. 21, Concurrent Resolu- insured Americans, it will make a dif- new, groundbreaking procedures to tion on the Budget for Fiscal Year 2008. ference in minority communities, in save children’s lives. Mr. CARDIN. Mr. President, I move minority health overall, and in the Most notable among Dr. Carson’s nu- that the point of order be waived. health of our Nation. merous accolades and honors is the Mr. GREGG. Mr. President, I ask for But providing access to comprehen- Presidential Medal of Freedom, the Na- the yeas and nays on the motion. sive health insurance addresses only tion’s highest civilian award, which he The PRESIDING OFFICER. Is there a one of the factors contributing to received in 2008. In addition to his sur- sufficient second? There is a sufficient health disparities. Research informs us gical acumen, Dr. Carson is a dedicated second. that even after accounting for those community activist. He is president The yeas and nays were ordered. who lack health insurance, minority and cofounder of the Carson Scholars Mr. GREGG. Mr. President, I yield racial and ethnic groups face inequities Fund which recognizes young people of the floor and suggest the absence of a in access and treatment; and they have all backgrounds for exceptional aca- quorum. adverse health care outcomes at higher demic and humanitarian accomplish- The PRESIDING OFFICER. The rates than whites. Even when insur- ments. He is also president and co- clerk will call the roll. ance status, income, age, and severity founder of the Benevolent Endowment The legislative clerk proceeded to of conditions are comparable, racial Network Fund, an organization that call the roll. and ethnic minorities tend to receive works to cover the medical expenses of Mr. CARDIN. Mr. President, I ask lower quality health care. Therefore, pediatric neurosurgery patients with unanimous consent that the order for coverage is not enough. complex medical conditions. the quorum call be rescinded. Despite many attempts over the Second, I wish to recognize Dr. Eve The PRESIDING OFFICER. Without years by health policymakers, pro- Higginbotham, an internationally rec- objection, it is so ordered. viders, researchers, and others, wide ognized physician who was recently ap- Mr. CARDIN. Mr. President, I ask disparities still persist in many facets pointed senior vice president and exec- unanimous consent that my waiver of of health care. When it comes to equi- utive dean for health services at How- the relevant point of order that was re- table care for minorities, low-income, ard University. Dr. Higginbotham is

VerDate Nov 24 2008 00:12 Feb 24, 2010 Jkt 089060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G23FE6.026 S23FEPT1 jbell on DSKDVH8Z91PROD with SENATE S686 CONGRESSIONAL RECORD — SENATE February 23, 2010 the first woman to chair a university- the University System of Maryland other words, in previous recessions, based ophthalmology department in Board of Regents. Dr. Wilson is also you would lose your job, it would be the United States, and she held this po- the recipient of the Institutional Lead- horrible, but you would say to yourself: sition at the University of Maryland ership Diversity Award from the Asso- In 3 or 4 months, I can find a new job School of Medicine in Baltimore from ciation of American Medical Colleges quite easily. That has not happened. 1994 to 2006. Her next appointment was Group on Student Affairs-Minority Af- In fact, I met people such as a woman dean and senior vice president for aca- fairs Section. in Rochester who worked for a major demic affairs at Morehouse School of Drs. Carson, Higginbotham, and Wil- firm in human resources. She is about Medicine in Atlanta. son are three living reasons why we 50. She does not have a family, but her Dr. Higginbotham is a frontline war- celebrate Black History Month. Their job was her life. She was told she had rior in the fight to eliminate health contributions have made invaluable to leave a year and a half ago. She has disparities. As a member of the Friends contributions to American medicine, been looking and looking. Her salary of the Congressional Glaucoma Caucus but they are just the tip of the iceberg was in the low six figures. She was a Foundation, she developed a glaucoma in terms of African Americans who very talented person upon meeting her. screening training program that has have made a noteworthy impact upon No work. No job. been implemented in more than 40 our Nation. I met somebody who came from a medical schools nationwide. Through I ask my colleagues to join me in rec- blue-collar background. The family had this program, medical students provide ognizing the contributions of these no education. He climbed his way to glaucoma screening to elderly resi- three noteworthy physicians as this the top of the tool-and-die industry. He dents in underserved communities, body seeks to make health care avail- was making a good living. He has six making possible early detection and able to everyone, and join me in cele- children and a wife who stayed home treatment for the leading cause of brating their accomplishments during because when you have six kids, it is blindness among African Americans. Black History Month. not easy to work. He was laid off about Dr. Higginbotham was recently in- Mr. President, to clarify, my inten- a year ago. Again, he has been looking ducted into the American Academy of tion on my previous motion to waive and looking, first with his high skills Arts and Sciences. She has served on was to waive the Budget Act and budg- in his industry, and then he kept look- the boards of the American Academy of et resolutions with respect to the mo- ing lower and lower and lower on the Ophthalmology, Women in Ophthal- tion to concur with an amendment and pay scale, to no avail. No job. I could mology, and the National Space Bio- that the yeas and nays previously or- repeat this story over and over. I can see why the people of Massa- medical Research Institute. She is also dered be considered as ordered on the chusetts voted the way they did. I did a past president of the Baltimore City motion as modified. I ask unanimous not agree with it, but I understand it. Medical Society and the Maryland So- consent for this request. In my judgment, what they were say- ciety of Eye Physicians and Surgeons. The PRESIDING OFFICER. Without ing was simple. If you look at the exit Finally, I wish to recognize Dr. Don- objection, it is so ordered. polls, about 50 percent of the people in ald Wilson, who was Dr. Mr. CARDIN. Mr. President, I yield Massachusetts supported the Presi- Higginbotham’s immediate predecessor the floor and suggest the absence of a dent’s health care bill and an equal at Howard University. Dr. Wilson quorum. number against it. But, overwhelm- served as dean of the University of The PRESIDING OFFICER. The ingly, they were saying to us, whether Maryland School of Medicine from 1991 clerk will call the roll. they were for the bill or against it, to 2006. The University of Maryland’s The legislative clerk proceeded to focus on issue No. 1, jobs—jobs, the medical research funding increased call the roll. economy, helping the middle class nearly fivefold, from $77 million to $341 Mr. SCHUMER. Mr. President, I ask stretch that paycheck so they can million during Dr. Wilson’s leadership. unanimous consent that the order for make ends meet. His tenure at Maryland distinguished the quorum call be rescinded. That is why I think Senator REID, The PRESIDING OFFICER. Without him as the Nation’s first African-Amer- our majority leader, was so wise to put ican dean of a nonminority medical objection, it is so ordered. together the bill he did, the HIRE Act. Mr. SCHUMER. Mr. President, I ask school. While at the University of That is why he reached out to those to be recognized. Maryland, Dr. Wilson also served as the across the aisle, as did I. That is why I The PRESIDING OFFICER. Without director of the Program in Minority am pleased this vital legislation—hard- objection, it is so ordered. Health and Health Disparities Edu- ly a panacea; it is not going to cure all Mr. SCHUMER. Mr. President, I rise cation and Research. our problems—looks as though it will today to speak about two issues. First, Dr. Wilson has also chaired Federal move forward late this afternoon or the jobs bill and the provision that health committees at the NIH and the this evening. FDA, as well as serving on the advisory Senator HATCH and I worked on that I am very proud—we are all proud— council of HHS’s Agency for Health helped break the partisan logjam, and that we have bipartisan support. I be- Care Policy and Research. He was also the need for the Senate to take up lieve the vote later on will be even chairman of both the Association of and pass up to $25 billion in FMAP as- more bipartisan than the vote to move American Medical Colleges and the sistance to the States. First, the jobs forward on the bill yesterday. Bipar- Council of Deans of U.S. Medical portion. tisan victories such as this have been Schools. And he was the first African During our break, I traveled all few and far between. But this could be American to hold each of these posi- around my State from Cheektowaga to the start of something good. I hope the tions. He is a member of several med- Oswego, from Syracuse to Pough- bipartisanship will not end with this ical and research societies, including keepsie, from Long Island to New York afternoon’s vote. the Institute of Medicine of the Na- City. In each place, I talked with peo- Unemployment, of course, is not sim- tional Academy of Sciences and the As- ple who had lost their jobs. It was ply a blue State problem or a red State sociation of American Physicians. He heartbreaking. These are people who problem; it is an everywhere problem. is a master of the American College of are looking desperately to find work. It will take more than one party’s solu- Physicians, an honor bestowed on One of the sadder points of this reces- tions to solve it. So if there is only one fewer than 1 percent of its members. sion is, of course, its depth. It is deeper issue that we can find common ground Dr. Wilson also cofounded the Associa- than all but one recession we have had on this year, let it be jobs. tion for Academic Minority Physicians since World War II. But, second, it We all know unemployment, which is in 1986. seems to affect people at all income hovering just below 10 percent, is unac- Numerous honors and awards have levels. If you are poor, if you are mid- ceptably high. When you hear the num- been bestowed upon Dr. Wilson, includ- dle class, even if you are upper middle ber 10 percent, it is an abstract figure. ing the Baltimore Urban League’s class, you can lose your job. Perhaps But if you are a husband or wife, a son Whitney M. Young, Jr., Humanitarian most painful of all, the amount of time or daughter who is out of work, or one Award. In 2003, he received the pres- that people are out of work is much in your family is out of work, unem- tigious Frederick Douglass Award from longer than previous recessions. In ployment is 100 percent.

VerDate Nov 24 2008 00:12 Feb 24, 2010 Jkt 089060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G23FE6.028 S23FEPT1 jbell on DSKDVH8Z91PROD with SENATE February 23, 2010 CONGRESSIONAL RECORD — SENATE S687 As the economy shows signs of life, was simple, immediate, focused, fis- centive is going to encourage you to unfortunately millions of Americans cally responsible, and potentially bi- hire somebody. But we are now find- remain out of work, struggling to partisan. That is what our proposal ing—at this stage of this Nation’s in- make ends meet with savings and un- does. cipient and all-too-small recovery— employment benefits. There are more Let me talk about each word. It is that many businesses, large and small, than 15 million unemployed Americans. simple. Small business, we know, is the are finding orders are beginning to rise, That is not even counting those who job growth engine in America. But if sales beginning to increase. It is those have stopped looking for work. There you tell a small businessperson they businesses that our tax credit is aimed are more than 6 million people who have to fill out 40 pages or even hire an at. This proposal may give them the have been out of work for 6 or more accountant before they get a tax cred- push they need to add a few workers or months. Each one has a story, a life, it, they are going to say: Forget about hire them a few months sooner than usually a family, such as the woman it. But this is immediate. Again, if you they otherwise might. Either would be from Rochester I mentioned. tell a small businessperson: Yes, you a good thing. When I go to sleep at night, I some- will get a tax credit, but it will be a I don’t wish to delude my colleagues, times think of the people I talked with year from April when your tax returns and I know Senator HATCH, the co- last week while we were on break and come in, they are not going to do it. author of this proposal, would agree, about their pain at losing their job and Our proposal is immediate. The that this provision is not a panacea. their quest to find a new one. Unfortu- minute the worker is hired, the benefit There are other proposals Congress nately, despite their efforts, most of begins. As I said, it is simple: All the could, should, and must consider to aid them have not found work. employer must do is show that the per- job creation, but I look forward to con- This recession is unlike anything we son they are hiring has been unem- sidering those ideas in the weeks to have seen since the 1930s. It has created ployed for 60 days—and that is easy to come. In the meantime, we ought to immeasurable hardship and heartache do because they can show 60 days of un- take advantage of the bipartisan cama- for tens of millions of American fami- employment benefits—and that is that. raderie, which I hope lasts, and move lies. It doesn’t matter if you are in a Third, our program is fiscally respon- this proposal forward. I wish to thank a number of people red State or a blue State. If you are un- sible. It is not a big, huge bureaucracy. who helped. At the top of the list is employed, you want a job. It is not a new government agency. The Last year, Congress took bold steps money goes directly to the small busi- Chairman BAUCUS. When Senator to bring our economy back from the ness that makes the new hire, and that HATCH and I—both members of his brink of collapse, and GDP growth in is why it has bang for the buck. It is es- committee, the Finance Committee— brought him the proposal, he thought the last quarter was as high as 5.7 per- timated that if 3 million people were it was a good idea and helped champion cent. The purpose of the provision Sen- hired by this credit, it would cost it. I wish to thank Leader REID, who ator HATCH and I have introduced is to about $15 billion. Mr. President, $15 bil- jumped right at the opportunity to take that growth and translate it into lion sounds like a lot of money, but pass the proposal. I wish to recognize jobs because while the economy grew compared to the stimulus—again, for a Senator CASEY and Senator at a very rapid clip—5.7 percent—hard- different purpose a year ago when the GILLIBRAND, my colleague, for the hard ly a job was created. That is a problem economy was collapsing—the cost of work they put into an alternative tax because we cannot continue to grow at ours is about one-sixtieth, and dollar credit idea, which could end up comple- that rate unless people start going for dollar it will be focused on jobs. menting, not replacing, our idea. Fi- back to work. Until the unemployment So it meets all these criteria. It will nally, last but certainly not least, I rate drops significantly, Congress must focus like a laser on the unemployed wish to thank my colleague, Senator do more to help families across the and will create jobs right away at a HATCH, as well as Senator GRASSLEY, reasonable cost. In this day when com- country who are desperately struggling who worked with us on this proposal to munication is so important, it can be to find work, and this bill is a step in refine it and make it possible to pass, explained in a single sentence. Any pri- the right direction. which I believe we will do shortly. Last year, I believe Congress was vate sector employer that hires a I wish to turn the subject to another right not to add a jobs tax credit to the worker who has been unemployed for 60 pressing issue; that is, the pressing stimulus package. Economists told us days will not have to pay payroll taxes issue of State fiscal relief. While our that with the economy shrinking and on that worker for the rest of the year. top priority is putting unemployed losing 700,000 jobs a month when the That is it. Nothing else. It explains the Americans back to work, nothing we President took office, our focus had to whole program from start to finish. By do on job creation will be truly effec- be on stimulating demand. But now the way, if the employer keeps that tive unless we also stop the bleeding that the economy is beginning to worker for at least a year, they will re- caused by State and local budget cuts grow—at the very worst is flat—a tax ceive an additional $1,000 tax credit. across the Nation. We cannot, with one credit is what is needed because there Our plan is good for business and hand, incentivize private sector em- are companies that have seen sales blip good for workers. The more a business ployment while, on the other hand, up and they are wondering whether to pays a worker, the bigger benefit they through inaction, force State and local hire that additional worker. The Schu- get. Many of the previous programs governments to lay off thousands of mer-Hatch tax credit may push them were aimed, understandably, at work- firefighters, teachers, health care pro- over the edge and they may say: OK, I ers at the lower income level. But viders, and other public servants. will hire somebody. Then, instead of these days, when you have people in Right now, States face the steepest the vicious cycle of downward employ- our State who make $60,000, $80,000, ever dropoff in revenues. My State of ment we have seen, a virtuous cycle $100,000 or $120,000 a year and who can’t New York and so many of the localities will begin. That company will hire a find work, they will benefit by the I have visited—from large major cities worker, that worker will go to the same percentage as somebody at the such as New York City and Buffalo, to stores and buy things, those stores may lower end of the spectrum. The sooner the smaller towns and villages—are hire another worker and more money the employer hires, the bigger the desperate for help. If they do not re- circulates in the economy and we start break because it lasts this year. The ceive it, they are going to have to lay moving upward as opposed to down- employer doesn’t pay taxes and the off thousands and thousands of work- ward. benefits go immediately into the ers. In the city of New York, they are After reviewing the criticisms of past business’s cashflow. Unlike other pro- talking about laying off teachers. That tax credit proposals, Senator HATCH posals, there is no waiting to receive a is hurting our seed corn. The number of and I set out to develop an idea that tax credit. The employer doesn’t pay police officers, at a time of crime and would address some of the past con- the taxes to the government in the terrorist threats, is declining. That cerns while honing in on the problem first place. hurts our economy as well as our local- we are trying to solve, which is persist- Obviously, employers decide to hire ities. ently high and long-term unemploy- workers when it makes business sense. New York is not alone. From Cali- ment. I felt we needed a solution that If your sales are declining, no tax in- fornia to Arizona, to Alabama, to

VerDate Nov 24 2008 00:12 Feb 24, 2010 Jkt 089060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G23FE6.029 S23FEPT1 jbell on DSKDVH8Z91PROD with SENATE S688 CONGRESSIONAL RECORD — SENATE February 23, 2010 Maine, and to Mississippi, State Gov- mined if our Nation’s Governors are omy. We have to deal with our friends ernors have laid out proposals that will forced to lay off workers and raise on Wall Street whose recklessness and unfortunately eliminate jobs and cut property taxes. We need to plug the illegal behavior has driven this country critical services in the coming months. holes in the dam so our recovery ef- into this terrible recession. We have to In fact, it is estimated, if there is no forts are not washed away. We need to deal with it. We have to deal with help, State and local governments will put this great Nation back on a path to health care. We don’t have a choice. We have to lay off 1 million workers— prosperity by passing the tax credit have to deal with the $12 trillion na- something we can ill afford at a time of Senator HATCH and I have offered and tional debt. We have to do it. this incipient recovery. The cuts then by moving forward and making Unfortunately, I think what the couldn’t come at a worse time for our sure FMAP is extended for at least an- American people are beginning to fledgling economy. States will be other 6 months. catch onto is that to have bipartisan- forced to make massive layoffs and Mr. President, I yield the floor, and I ship, you need a ‘‘bi,’’ you need two they will be cornered into raising taxes suggest the absence of a quorum. sides coming together. What we have on hard-working, middle-class Ameri- The PRESIDING OFFICER (Mrs. here in the Senate is not two sides cans at a time when families can’t af- GILLIBRAND). The clerk will call the coming together but one side, our Re- ford to take another hit and at a time roll. publican friends who are saying: No, when taking money out of the economy The assistant legislative clerk pro- no, no. If it is good for Obama, it is bad makes no sense at all. It oftentimes ceeded to call the roll. for us. No, no, no. We have had a makes no sense but now more particu- The PRESIDING OFFICER (Mr. record-breaking number of filibusters, larly. KAUFMAN). The Senator from Vermont. a record-breaking number of other ob- Last week, the Nation’s Governors Mr. SANDERS. Mr. President, I ask structionist tactics. The end result is nearly unanimously endorsed a 6- unanimous consent that the order for the American people are becoming very month emergency extension of FMAP, the quorum call be rescinded. frustrated. the Federal Medicaid Assistance Pro- The PRESIDING OFFICER. Without I do a national radio show every gram, which would send up to $25 bil- objection, it is so ordered. week and every week on that program lion to the States. They know first- Mr. SANDERS. Mr. President, I ask somebody is calling me up and saying, hand that job losses in their States unanimous consent to speak as in I don’t understand it. When the Repub- would have been much more severe morning business. licans were in control of the Senate, were it not for the significant relief The PRESIDING OFFICER. Without they were able to bring forth sweeping Congress provided for them in last objection, it is so ordered. proposals. They didn’t have 60 votes. year’s stimulus package, particularly RECONCILIATION What is going on? You guys on your through the FMAP program. I know Mr. SANDERS. Mr. President, I side, those who are Independents and in our economy is growing, but out in the think all across this country people are the Democratic caucus, you have 59 States it sure doesn’t feel like a recov- wondering about what is going on in votes, why aren’t you doing it? It is a ery yet. Cutting off this assistance Congress and, specifically, what is good question. now, as the stimulus expires, would be going on in the Senate. People are I think more and more people are like pulling the rug from under the using the expression that government talking about using the reconciliation States just as they are maybe begin- is broken and that we seem to be a dys- process, which is simply a parliamen- ning to turn the corner. functional institution. tary procedure which enables us to I was an ardent supporter of the Re- The reason for the alarm is pretty covery Act’s FMAP aid because, plain pass legislation with the end result of obvious. The United States today faces saving taxpayers’ money and lowering and simple, it saves jobs, and I argued the most serious set of crises we have for it then. I am especially proud to the deficit. The beauty of that ap- seen since the Great Depression. proach is you can go forward with 51 have authored a provision that ensured Today, some 17 percent of our people a stream of funding that went directly votes, not the 60 votes we are having a are either unemployed or under- to county governments. In my State, very difficult time obtaining, because employed. This is on top of coming out the Medicaid burden, much of it—too we are not getting much support from of a decade where the median family much of it—falls on localities. If we the other side. Some people say, Well, income actually declined. So people by were just to give Albany the money— this reconciliation approach is unfair. not just the Albany share but the coun- the millions are today working longer This is a radical idea. Why are you ty share—the counties and New York hours for lower wages. They are won- bringing it forth? The answer is that City might never see that money ever dering what kind of life is going to be this has been done time after time again. So I was able to—with the help available for their kids. They are hav- after time, mostly, in fact, by Repub- of Leader REID and Chairman BAUCUS— ing a hard time affording childcare. licans. So it seems to me if this is a write a provision into law that said the They are having a hard time affording concept the Republicans have used locality gets its share directly, and I higher education. We have 46 million year after year after year for very am urging the Senate to include this people who are uninsured. We have major pieces of legislation, it is appro- language in a new emergency extension 45,000 people who die every single year priate for the Democratic caucus to do as well. because they can’t get to a doctor. If that as well. We cannot afford to delay any longer. we don’t get a handle on health care, Let me give a few examples. Many This economic downturn didn’t come their costs are going to be doubling in Americans will remember the Contract with an end-of-the-year deadline. This the next 8 years. We recently saw Blue With America. That was Newt Ging- critical aid to States shouldn’t either. Cross in California asking for a 39-per- rich’s very big idea. I thought it was a So I hope that in the next jobs bill we cent rate increase for their premiums. very bad idea, but nonetheless it was a pass FMAP is a vital part, and I hope, It is not unusual. It is going on all over very comprehensive approach. The just as with the provision Senator the country. Contract With America in 1995 was HATCH and I put together, it will get People are saying, What is going on? passed in the Senate through reconcili- broad bipartisan support. I believe an Is the middle class going to continue to ation. This was a broad, comprehensive overwhelming majority of Governors— collapse? Is poverty going to continue bill, and this is what President Clinton Democratic and Republican—have al- to increase? Are you guys going to get said. This is what the Washington Post ready signed a letter urging that that your act together and begin to do reported President Clinton saying happen, and I hope we will get people something that benefits working fami- when he vetoed that legislation, and I from both sides of the aisle to make lies in this country? am glad he did. This is what Clinton sure the next jobs bill contains a It goes without saying that the said: American people want—I want, you healthy and robust FMAP extension. Today I am vetoing the biggest Medicare The House has already passed it. It is want, we all want—bipartisan efforts and Medicaid cuts in history, deep cuts in up to us. to solve these problems, but, most im- education, a rollback in environmental pro- We have much yet to do on the job portantly, we want to solve these tection, and a tax increase on working fami- front, but our efforts will be under- issues. We have to deal with the econ- lies.

VerDate Nov 24 2008 00:12 Feb 24, 2010 Jkt 089060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G23FE6.030 S23FEPT1 jbell on DSKDVH8Z91PROD with SENATE February 23, 2010 CONGRESSIONAL RECORD — SENATE S689 This was Clinton’s veto message of The PRESIDING OFFICER. Without A new START agreement is in our the Republican Contract With America objection, it is so ordered. national security interest, especially in that was passed through reconciliation. NUCLEAR NONPROLIFERATION terms of maintaining verification and That is not the only effort the Re- Mr. CASEY. Mr. President, I rise to- transparency measures. Once com- publicans mounted through reconcili- night to express support for the Obama pleted, this agreement can help to ation. In 1996, Republicans passed legis- administration’s efforts on nuclear strengthen the U.S.-Russian relation- lation to enact welfare reform through nonproliferation. We know—and I be- ship and potentially increase the possi- reconciliation. In 1997, Congress used lieve this is a consensus in our coun- bility of Russian cooperation on an reconciliation to establish new health try—that nuclear terrorism poses the array of thorny international issues, coverage programs or to substantially most serious threat to our security, as including North Korea and Iran. expand existing ones, including SCHIP well as the security of other nations The START follow-on treaty is also a passed through reconciliation. In 2005, around the world. I believe we have a clear demonstration that the United Republicans pushed through reconcili- solemn responsibility to do what we States is upholding our disarmament ation legislation that reduced spending can to combat the threat of nuclear obligation under the Nuclear Non- on Medicaid and raised premiums on weapons. proliferation Treaty, one of the trea- upper income Medicare beneficiaries. The Obama administration has set ty’s three pillars, in addition to non- In 2003, Republicans used reconciliation forth a vision which puts American se- proliferation and peaceful uses of nu- to push through President Bush’s 2003 curity first in pursuit of a world where clear energy. START is a necessary tax cuts. In 2001, Republicans used rec- terrorists cannot acquire weapons of step in reaffirming U.S. leadership on onciliation to pass President Bush’s mass destruction. The Senate also has nonproliferation issues. Without a $1.35 trillion tax cut, much of it going an important leadership role to play. clear commitment to our nonprolifera- to the wealthiest people in this coun- Our No. 1 obligation should be to pro- tion responsibilities through a new try. tect the American people. START agreement, it will be increas- What is my point? My point is that it In Prague last April, President ingly difficult for the United States to would be the utmost hypocrisy for Re- Obama described the steps the United secure international support in ad- publicans to tell us we should not use States is prepared to take toward a dressing the urgent security threats reconciliation when they have used it world without nuclear weapons. In exposed by the spread of nuclear weap- time and time and time again. pressing this goal, the President ac- ons. Let me conclude by saying this coun- knowledged the necessity of maintain- An essential element of securing our try faces enormous problems. What has ing our weapons complex while simul- nuclear weapons complex begins at occurred over the last year, year and a taneously working to negotiate agree- home. Last Thursday, Vice President half, is an unprecedented level of ob- ments that decrease the number of nu- BIDEN spoke at the National Defense structionism and delaying tactics on clear weapons in the world. He said: University about the administration’s the part of our Republican colleagues. Make no mistake, as long as these weapons efforts to maintain a safe, secure, and The American people are hurting. They exist, the United States will maintain a safe, effective nuclear arsenal. want to see this government begin the secure, and effective arsenal to deter any ad- Mr. President, I ask unanimous con- process of creating millions of decent- versary, and guarantee that defense to our sent to have printed in the RECORD the paying jobs. They want to see a trans- allies . . . but we will begin the work of re- Vice President’s speech. ducing our arsenal. There being no objection, the mate- formation of our energy system so we rial was ordered to be printed in the can move from fossil fuel to energy ef- This January, a bipartisan group of RECORD, as follows: ficiency and sustainable energy and American national security leaders jobs doing that. The American people came together to help guide our think- THE PATH TO NUCLEAR SECURITY: IMPLE- MENTING THE PRESIDENT’S PRAGUE AGENDA want to see us rebuild our infrastruc- ing on these important issues. Former Ladies and gentlemen; Secretaries Gates ture which is presently crumbling and Secretary of State George Shultz, former Secretary of Defense William and Chu; General Cartwright; Undersecre- we can create jobs doing that. In the tary Tauscher; Administrator D’Agostino; short term, the American people want Perry, former National Security Ad- viser and Secretary of State Henry Kis- members of our armed services; students and us to do something about the high cost faculty; thank you all for coming. of a college education by expanding singer, and former Senator Sam Nunn At its founding, Elihu Root gave this cam- Pell grants and by also addressing the all have stellar national security expe- pus a mission that is the very essence of our very serious problems with childcare rience and credentials. They wrote to- national defense: ‘‘Not to promote war, but to preserve peace by intelligent and ade- and the needs for school construction. gether: Nuclear weapons today present tremendous quate preparation to repel aggression.’’ For We can do that as well. more than a century, you and your prede- My point is the American people are dangers, but also an historic opportunity. U.S. leadership will be required to take the cessors have heeded that call. There are few angry. They are frustrated. They want world to the next stage—to a solid consensus greater contributions citizens can claim. action. If the Republicans choose, as is for reversing reliance on nuclear weapons Many statesmen have walked these their right, to try to obstruct and try globally as a vital contribution to pre- grounds, including our Administration’s out- to use the rules to delay action, I think venting their proliferation into potentially standing National Security Advisor, General we should do what they have done time dangerous hands, and ultimately ending Jim Jones. You taught him well. George them as a threat to the world. Kennan, the scholar and diplomat, lectured after time after time and that is use at the National War College in the late 1940s. the reconciliation process. That is President Obama is willing and able Just back from Moscow, in a small office not what I think we should do, and I hope to provide this leadership at this crit- far from here, he developed the doctrine of we will. ical point in history. Containment that guided a generation of Thank you very much, Madam Presi- The administration is in the final Cold War foreign policy. dent. I yield the floor and note the ab- stages of negotiating START with Rus- Some of the issues that arose during that sence of a quorum. sia. This treaty would reduce deployed time seem like distant memories. But the The PRESIDING OFFICER (Mrs. nuclear weapons in the United States topic I came to discuss with you today, the and Russia and would provide crucial challenge posed by nuclear weapons, con- HAGAN). The clerk will call the roll. tinues to demand our urgent attention. The bill clerk proceeded to call the verification measures that would allow Last April, in Prague, President Obama roll. a window into the Russian nuclear pro- laid out his vision for protecting our country Mr. CASEY. Mr. President, I ask gram. from nuclear threats. unanimous consent that the order for While the Treaty has taken a little He made clear we will take concrete steps the quorum call be rescinded. longer than expected to complete, I ap- toward a world without nuclear weapons, The PRESIDING OFFICER (Mr. plaud Assistant Secretary for Verifica- while retaining a safe, secure, and effective tion, Compliance and Implementation, arsenal as long as we still need it. We will UDALL of Colorado). Without objection, work to strengthen the Nuclear Non-Pro- it is so ordered. Rose Gottemoeller, for her leadership liferation Treaty. And we will do everything Mr. CASEY. Mr. President, I ask and her efforts to pursue a strong in our power to prevent the spread of nuclear unanimous consent that I be permitted agreement as opposed to an immediate weapons to terrorists and also to states that to speak as in morning business. agreement. don’t already possess them.

VerDate Nov 24 2008 01:30 Feb 24, 2010 Jkt 089060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G23FE6.035 S23FEPT1 jbell on DSKDVH8Z91PROD with SENATE S690 CONGRESSIONAL RECORD — SENATE February 23, 2010 It’s easy to recognize the threat posed by damaged our health, disrupted our environ- During the 2008 Presidential campaign, nuclear terrorism. But we must not under- ment and set back our non-proliferation both the President and Senator MCCAIN sup- estimate how proliferation to a state could goals. ported the same objective. We will continue destabilize regions critical to our security Eighteen years ago, President George H.W. to build support for this emerging bipartisan and prompt neighbors to seek nuclear weap- Bush signed the nuclear testing moratorium consensus like the one around containment ons of their own. enacted by Congress, which remains in place of Soviet expansionism that George Kennan Our agenda is based on a clear-eyed assess- to this day. inspired. ment of our national interest. We have long Under the moratorium, our laboratories Toward that end, we have worked tire- relied on nuclear weapons to deter potential have maintained our arsenal through the lessly to implement the President’s Prague adversaries. Stockpile Stewardship Program without un- agenda. Now, as our technology improves, we are derground nuclear testing, using techniques In September, the President chaired an developing non-nuclear ways to accomplish that are as successful as they are cutting historic meeting of the UN Security Council, that same objective. The Quadrennial De- edge. which unanimously embraced the key ele- fense Review and Ballistic Missile Defense Today, the directors of our nuclear labora- ments of the President’s vision. Review, which Secretary Gates released two tories tell us they have a deeper under- As I speak, U.S. and Russian negotiators weeks ago, present a plan to further standing of our arsenal from Stockpile Stew- are completing an agreement that will re- strengthen our preeminent conventional ardship than they ever had when testing was duce strategic weapons to their lowest levels forces to defend our nation and our allies. commonplace. in decades. Capabilities like an adaptive missile de- Let me repeat that—our labs know more Its verification measures will provide con- fense shield, conventional warheads with about our arsenal today than when we used fidence its terms are being met. These reduc- worldwide reach, and others that we are de- to explode our weapons on a regular basis. tions will be conducted transparently and veloping enable us to reduce the role of nu- With our support, the labs can anticipate po- predictably. The new START treaty will pro- clear weapons, as other nuclear powers join tential problems and reduce their impact on mote strategic stability and bolster global our arsenal. us in drawing down. With these modern capa- efforts to prevent proliferation by showing Unfortunately, during the last decade, our bilities, even with deep nuclear reductions, that the world’s leading nuclear powers are nuclear complex and experts were neglected we will remain undeniably strong. committed to reducing their arsenals. and underfunded. As we’ve said many times, the spread of Tight budgets forced more than 2,000 em- And it will build momentum for collabora- nuclear weapons is the greatest threat facing ployees of Los Alamos and Lawrence Liver- tion with Russia on strengthening the global our country. more from their jobs between 2006 and 2008, consensus that nations who violate their That is why we are working both to stop including highly-skilled scientists and engi- NPT obligations should be held to account. their proliferation and eventually to elimi- This strategy is yielding results. We have neers. nate them. Until that day comes, though, we And some of the facilities we use to handle tightened sanctions on North Korea’s pro- will do everything necessary to maintain our uranium and plutonium date back to the liferation activities through the most re- arsenal. days when the world’s great powers were led strictive UN Security Council resolution to At the vanguard of this effort, alongside by Truman, Churchill, and Stalin. The signs date—and the international community is our military, are our nuclear weapons lab- of age and decay are becoming more appar- enforcing these sanctions effectively. oratories, national treasures that deserve ent every day. And we are now working with our inter- our support. Their invaluable contributions Because we recognized these dangers, in national partners to ensure that Iran, too, range from building the world’s fastest December, Secretary Chu and I met at the faces real consequences for failing to meet supercomputers, to developing cleaner fuels, White House with the heads of the three nu- its obligations. to surveying the heavens with robotic tele- clear weapons labs. They described the dan- In the meantime, we are completing a gov- scopes. gerous impact these budgetary pressures ernment-wide review of our nuclear posture. But the labs are best known for the work were having on their ability to manage our Already, our budget proposal reflects some they do to secure our country. Time and arsenal without testing. They say this situa- of our key priorities, including increased again, we have asked our labs to meet our tion is a threat to our security. President funding for our nuclear complex, and a com- most urgent strategic needs. And time and Obama and I agree. mitment to sustain our heavy bombers and again, they have delivered. That’s why earlier this month we an- land and submarine-based missile capabili- In 1939, as fascism began its march across nounced a new budget that reverses the last ties, under the new START agreement. Europe, Asia, and Africa, Albert Einstein decade’s dangerous decline. It devotes $7 bil- As Congress requested and with Secretary warned President Roosevelt that the Nazis lion to maintaining our nuclear stockpile Gates’ full support, this review has been a were racing to build a weapon, the likes of and modernizing our nuclear infrastructure. full interagency partnership. which the world had never seen. In the To put that in perspective, that’s $624 mil- We believe we have developed a broad and Southwest Desert, under the leadership of lion more than Congress approved last year— deep consensus on the importance of the Robert Oppenheimer, the physicists of Los and an increase of $5 billion over the next President’s agenda and the steps we must Alamos won that race and changed the five years. Even in these tight fiscal times, take to achieve it. The results will be pre- course of history. we will commit the resources our security sented to Congress soon. Sandia was born near Albuquerque soon requires. In April, the President will also host a Nu- after the Second World War and became our This investment is not only consistent clear Security Summit to advance his goal premier facility for developing the non-nu- with our nonproliferation agenda; it is essen- of securing all vulnerable nuclear material clear components of our nuclear weapons tial to it. Guaranteeing our stockpile, cou- within four years. We cannot wait for an act program. pled with broader research and development of nuclear terrorism before coming together And a few years later the institution that efforts, allows us to pursue deep nuclear re- to share best practices and raise security became Lawrence Livermore took root in ductions without compromising our security. standards, and we will seek firm commit- California. During the arms race that fol- As our conventional capabilities improve, we ments from our partners to do just that. lowed the Korean War, it designed and devel- will continue to reduce our reliance on nu- In May, we will participate in the Non-Pro- oped warheads that kept our nuclear capa- clear weapons. liferation Treaty Review Conference. We are bilities second to none. Responsible disarmament requires rallying support for stronger measures to These examples illustrate what everyone versatile specialists to manage it. strengthen inspections and punish cheaters. in this room already knows—that the past The skilled technicians who look after our The Treaty’s basic bargain—that nuclear century’s defining conflicts were decided not arsenal today are the ones who will safely powers pursue disarmament and non-nuclear just on the battlefield, but in the classroom dismantle it tomorrow. states do not acquire such weapons, while and in the laboratory. And chemists who understand how pluto- gaining access to civilian nuclear tech- Air Force General Hap Arnold, an aviation nium ages also develop forensics to track nology—is the cornerstone of the non-pro- pioneer whose vision helped shape the Na- missing nuclear material and catch those liferation regime. tional War College, once argued that the trafficking in it. Before the treaty was negotiated, Presi- First World War was decided by brawn and Our goal of a world without nuclear weap- dent Kennedy predicted a world with up to 20 the Second by logistics. ‘‘The Third World ons has been endorsed by leading voices in nuclear powers by the mid-1970s. Because of War will be different,’’ he predicted. ‘‘It will both parties. These include two former Sec- the Non-Proliferation Treaty and the con- be won by brains.’’ retaries of State from Republican adminis- sensus it embodied, that didn’t happen. General Arnold got it almost right. Great trations, Henry Kissinger and George Shultz; Now, 40 years later, that consensus is fray- minds like Kennan and Oppenheimer helped President Clinton’s Secretary of Defense Bill ing. We must reinforce this consensus, and win the Cold War and prevent World War Perry; and my former colleague Sam Nunn, strengthen the treaty for the future. Three altogether. for years the Democratic Chairman of the And, while we do that, we will also con- During the Cold War, we tested nuclear Senate Armed Services Committee. tinue our efforts to negotiate a ban on the weapons in our atmosphere, underwater and Together, these four statesmen called production of fissile materials that can be underground, to confirm that they worked eliminating nuclear weapons ‘‘a bold initia- used in nuclear weapons. before deploying them, and to evaluate more tive consistent with America’s moral herit- We know that completing a treaty that advanced concepts. But explosive testing age.’’ will ban the production of fissile material

VerDate Nov 24 2008 00:12 Feb 24, 2010 Jkt 089060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\A23FE6.003 S23FEPT1 jbell on DSKDVH8Z91PROD with SENATE February 23, 2010 CONGRESSIONAL RECORD — SENATE S691 will not be quick or easy—but the Con- of today’s warheads could be extended clear arsenal is safe and secure—all of ference on Disarmament must resume its for decades. That was the good news. these measures, as well as others—will work on this treaty as soon as possible. While the weapons are in good shape, help to create an international envi- The last piece of the President’s agenda JASON is concerned that maintenance ronment where a terrorist’s access to from Prague was the ratification of the Com- prehensive Test Ban Treaty. of the stockpile relies on the ‘‘renewal fissile material is diminished. A decade ago, we led this effort to nego- of expertise and capabilities in science, I should mention as well the work of tiate this treaty in order to keep emerging technology, engineering, and produc- Senator LUGAR. Senator LUGAR has nuclear states from perfecting their arsenals tion unique to the nuclear weapons been a remarkable leader in regard to and to prevent our rivals from pursuing ever program’’ and that this expertise was promoting the Nunn-Lugar program all more advanced weapons. ‘‘threatened by lack of program sta- these years. I agree with Senator We are confident that all reasonable con- bility, perceived lack of mission impor- LUGAR’s efforts to secure more funding cerns raised about the treaty back then— concerns about verification and the reli- tance, and degradation of the work en- as the mandate of the program is ex- ability of our own arsenal—have now been vironment.’’ panded without commensurate re- addressed. The test ban treaty is as impor- The Obama administration’s budget sources. Senator LUGAR reports that tant as ever. request reflects these concerns. The fis- the program ‘‘has eliminated more nu- As President Obama said in Prague, ‘‘we cal year 2011 budget request devotes $7 clear weapons than the combined nu- cannot succeed in this endeavor alone, but billion to maintaining our nuclear clear arsenals of France, China, and we can lead it, we can start it.’’ weapons stockpile and complex and for the United Kingdom for less than $3 Some friends in both parties may question related efforts. Delivering on promises aspects of our approach. Some in my own billion—a striking return on invest- party may have trouble reconciling invest- made in Prague and elsewhere, this ad- ment.’’ I have to agree that is a strik- ments in our nuclear complex with a com- ministration has demonstrated a clear ing return, indeed. mitment to arms reduction. Some in the commitment to a nuclear nonprolifera- Finally, I also express support for the other party may worry we’re relinquishing tion strategy that is an integral part of administration’s requested increase in capabilities that keep our country safe. our security and that of our allies. funding for the International Atomic With both groups we respectfully disagree. As Under Secretary of State for Arms Energy Agency, which we all know by As both the only nation to have used nuclear Control in International Security, the acronym IAEA. For too the long, weapons, and as a strong proponent of non- Ellen Tauscher, a former Member of the IAEA’s technical assistance and co- proliferation, the United States has long em- the House, said recently: bodied a stark but inevitable contradiction. operation programs have been under- The horror of nuclear conflict may make its Nuclear disarmament is not the Holy funded. International nonproliferation occurrence unlikely, but the very existence Grail. As long as we see the rise of nuclear efforts face an uncertain future. Iran of nuclear weapons leaves the human race weapons in other countries, we will maintain and North Korea are our primary con- deterrence that is second to none. ever at the brink of self-destruction, particu- cerns, but potential nuclear flashpoints larly if the weapons fall into the wrong This approach by Ellen Tauscher is remain between India and Pakistan, hands. smart, strategic, and measured, and it and the security of fissile material, Many leading figures of the nuclear age puts American security first. grew ambivalent about aspects of this order. while improving, remains a vital con- As I stand in support of full funding cern. In order for the IAEA to be best Kennan, whose writings gave birth to the for the administration’s nuclear weap- theory of nuclear deterrence, argued passion- positioned to confront proliferation ef- ately but futilely against the development of ons stockpile and complex request, I forts in North Korea and Iran, as well the hydrogen bomb. And Robert believe it is very important that we as monitor the peaceful nuclear energy Oppenheimer famously lamented, after stand together—all of us, Democrats, programs in countries around the watching the first mushroom cloud erupt Republicans, and Independents. world, its budget needs to reflect this from a device he helped design, that he had Key dimensions of our nuclear stock- growing portfolio. U.S. leadership in become ‘‘the destroyer of worlds.’’ pile are the nuclear labs and resident nonproliferation is essential. A fully President Obama is determined, and I am scientific expertise. We need to be able as well, that the destroyed world funded IAEA will complement U.S. ef- to continue to recruit the most highly forts to combat proliferation at this Oppenheimer feared must never become our qualified and motivated experts tasked reality. That is why we are pursuing the critical time. with stockpile maintenance. Our three peace and security of a world without nu- These investments in our national se- National Laboratories—Lawrence clear weapons. The awesome force at our dis- curity are substantial, but there is no Livermore in California, Los Alamos in posal must always be balanced by the weight greater threat than that of nuclear ter- of our shared responsibility. New Mexico, and Sandia in New Mexico rorism. We must remain vigilant in Every day, many in this audience help bear and California—are staffed by gifted doing everything we can to ensure ter- that burden with professionalism, courage, public servants who have established rorists do not get their hands on weap- and grace. methods for verifying the safety, secu- A grateful nation appreciates your service. ons of mass destruction. The non- rity, and reliability of our stockpile. Together, we will live up to our responsibil- proliferation measures mentioned This budget presented by the adminis- ities. Together, we will lead the world. above all help to address this threat. tration will help to ensure that the Thank you. To keep America safe, Democrats, May God bless America. May God protect most talented scientists continue to be Republicans, and Independents must our troops. attracted to our labs and that these labs continue to be state of the art. work together—let me say that again— Mr. CASEY. Mr. President, the Vice must work together to promote non- President said that recent years have The administration’s 2011 budget request also bolsters the case for even- proliferation and confront nuclear ter- seen a slow but steady decline in sup- ror by ensuring that our existing nu- port for our nuclear stockpile and in- tual ratification of the Comprehensive Test-Ban Treaty. A full investment in clear arsenal is safe, secure, and effec- frastructure and for our highly trained tive. nuclear workforce. The four national our nuclear weapons infrastructure Mr. President, I yield the floor and security statesmen I previously re- will mean the United States can con- suggest the absence of a quorum. ferred to agree. In January, all four of tinue to maintain its nuclear weapons The PRESIDING OFFICER. The these experts wrote: infrastructure without testing. We clerk will call the roll. These investments are urgently needed to have not tested a nuclear weapon since undo the adverse consequences of deep reduc- 1992 because we now have the technical The legislative clerk proceeded to tions over the past 5 years in the labora- means to ensure the reliability and call the roll. tories’ budgets for the science, technology safety of our stockpile without testing. Mr. ENSIGN. Mr. President, I ask and engineering programs that support and This is an issue of national security unanimous consent that the order for underwrite the Nation’s nuclear deterrent. and preventing nuclear terrorism. By the quorum call be rescinded. We know that JASON, an inde- working to diminish access to fissile The PRESIDING OFFICER. Without pendent defense advisory group of sen- material, by working to ensure Russia objection, it is so ordered. ior scientists, has also echoed these and the United States decrease nuclear Mr. ENSIGN. Mr. President, in a mo- same concerns in a recent study. The stockpiles, and by promoting a ban on ment, I will ask unanimous consent to JASON group found that the lifetimes nuclear testing and by ensuring our nu- be able to offer an amendment, but

VerDate Nov 24 2008 00:35 Feb 24, 2010 Jkt 089060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\A23FE6.004 S23FEPT1 jbell on DSKDVH8Z91PROD with SENATE S692 CONGRESSIONAL RECORD — SENATE February 23, 2010 first I wish to talk about that amend- We will be making other efforts dur- tisan outreach and invitation to meet ment because I understand the other ing the year to get the sales tax de- and discuss these important issues. It side is going to object. ductibility enacted into law because it is an approach that the Senate Demo- Currently, there are seven States is a question of fairness for these seven cratic leadership abandoned last year. that collect no income tax from their States. I know the Senators from those Apparently, political games have be- residents. Those States are my home seven States join me in fighting for come more important than ensuring the State of Nevada, Florida, South this. We fought together before, and we that critical legislation is passed to Dakota, Tennessee, Texas, Washington, are going to continue to fight to try to protect Medicare beneficiaries’ access and Wyoming. make sure this deductibility, as a mat- to health care. Under current Federal tax law, in all ter of fairness for our citizens, is main- Many individuals, in fact, are already the States that have an income tax, in- tained in Federal law. in jeopardy of suffering adverse con- dividuals are allowed to deduct those I yield the floor. sequences to their health because of income taxes from their Federal tax Mr. GRASSLEY. Mr. President, as I the failure by the Senate Democratic form. Your property taxes can also be stated earlier today, I had worked to leadership to ensure that these criti- deducted. Even when you register your put together a bipartisan package with cally needed Medicare provisions would car and pay your registration fee on my colleague, Finance Committee be enacted by the end of last year. your car, you are allowed to deduct Chairman BAUCUS, to address some These are the same provisions that had that because that is a local tax. The time-sensitive matters that need to be broad, bipartisan support when they tax that you are not allowed to deduct, considered. were considered by the Finance Com- if we don’t extend current law, will be I was under the impression that the mittee and included in the health care the sales tax. Senate Democratic leadership genu- bill the committee reported last fall. My State relies more on a sales tax inely wanted to work on a bipartisan I am going to review some of these for its revenue sources. That is what it basis but, unfortunately, I was mis- provisions and the impact they have on decided to do. Other States have cho- taken. Medicare beneficiaries and their access sen to set their taxes up differently. Although the majority leader was to health care. But States have the flexibility to set deeply involved in the development of First, there is the need for a physi- up their taxes in the way they feel is our bipartisan bill, as soon as it was re- cian payment update, what we com- best for their residents. My State actu- leased he announced that he would not monly refer to as the ‘‘SGR’’ or the ally has a constitutional amendment take it up, and he arbitrarily decided ‘‘doc fix.’’ A 2-month extension that against collecting a State income tax to replace it with a bill he plans to jam was passed in December is scheduled to from its residents. through the Senate. expire on February 28, just 5 days from Nevadans don’t want a State income I addressed my concerns earlier now. Unless a physician update is en- tax, but they want to be treated fairly. about the removal of the tax extender acted by March 1, physicians, nurses, So a few years ago, we passed a law so provisions. and other health care practitioners will that Nevada and these six other States Now I want to discuss another sig- experience severe payment cuts of 21 would be treated fairly; so that resi- nificant change between the bipartisan percent as of that date. dents would have the option of deduct- package Chairman BAUCUS and I put These payment cuts would be even ing a sales tax or an income tax. It is together and the Senate Democratic more disastrous for physicians in rural just a matter of fairness, but it also al- leadership’s bill that we will be voting States, such as Iowa, where Medicare lows people to keep more of their own on this week. reimbursement is already about 30 per- income. At the end of last year, the de- A package of expired and expiring cent lower than in other areas. But ductibility for the sales tax expired, Medicare health provisions has been repayment cuts of this magnitude will and I would like to be able to offer an moved without any explanation. These severely impact physicians and health amendment to extend it in this jobs bipartisan provisions are essential to care practitioners throughout the bill. the health and well-being of Medicare country, and they will significantly I believe if people have more of their beneficiaries. They have been routinely threaten beneficiary access to care. own money—money they can count supported by both sides and passed re- Should these cuts occur and continue on—they will make good decisions, and peatedly in recent years. for any length of time, they will have they will actually go out and spend So where does that leave us? We are a truly disastrous effect on the ability some of that money. I believe this now less than a week away from the of seniors to find, or keep, physicians would actually be a good measure to end of February, and Medicare bene- who take Medicare patients. put in the jobs bill. It was in the origi- ficiaries around the country will suffer I am appalled that Medicare bene- nal bipartisan bill that Chairman BAU- from the Senate Democratic leader’s ficiaries’ access to physicians and CUS and Ranking Member GRASSLEY decision to remove these provisions other needed medical care is being came up with and introduced. So I am without any explanation. Medicare jeopardized because of the political hoping the other side will not object, beneficiaries should not be held hos- games that are being played by the although I understand they are going tage to whatever partisan goals the Senate Democratic leadership. to. Senate Democratic leadership envi- Let’s look at beneficiaries who are Mr. President, I ask unanimous con- sions. already being affected by other Medi- sent that it be in order to offer an To make matters worse, they have care provisions that should have been amendment to allow for the deduction decided to ‘‘fill the tree,’’ as the proce- extended, as they have been in the of State and local sales tax. dure is called, so there will be no op- past, but that were allowed to expire at The PRESIDING OFFICER. Is there portunity to offer these essential the end of last year. objection? health provisions known as ‘‘Medicare One of the most pressing is an exten- In my capacity as a Senator from extenders’’ as amendments to his bill. sion of the exceptions process for ther- Colorado, I object. The decision to abandon a bipartisan apy caps. The law puts annual payment Objection is heard. approach is especially ironic consid- limits or financial caps on therapy Mr. ENSIGN. Mr. President, I knew ering the fact that later this week services. There are annual dollar limits that was going to happen because the President Obama is hosting a bipar- on outpatient physical therapy and majority party has decided to allow no tisan meeting with Senators and Mem- speech-language pathology therapy amendments on this bill, which is a bers of the House to discuss health care combined and on occupational therapy. shame. It is the reason I voted against reform. While the law provided for an excep- cloture on the bill yesterday, because I It is too early to tell if that meeting tions process to these caps when addi- think it is only fair that we get to offer will lead to a true bipartisan effort to tional therapy was medically nec- amendments on such an important and address health care reform issues, at essary, that provision expired at the expensive bill. This is one of the least in some areas where there is end of 2009. Medicare beneficiaries who amendments that I think should be al- broad agreement on both sides. But I have suffered strokes or serious debili- lowed. commend the President for his bipar- tating injuries, such as a hip fracture,

VerDate Nov 24 2008 00:35 Feb 24, 2010 Jkt 089060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G23FE6.039 S23FEPT1 jbell on DSKDVH8Z91PROD with SENATE February 23, 2010 CONGRESSIONAL RECORD — SENATE S693 have significant rehabilitation needs. and underserved areas where hospitals Michigan State Legislature. In 2008, 17 Some of these beneficiaries have al- are the only point of access for health States saw similar legislation intro- ready exceeded their therapy limits for care. duced. Fortunately for the safety of 2010. Our country is facing record unem- students, faculty, and visitors, none of Since the exceptions process that ployment and Americans are strug- these bills passed. In fact, according to would have allowed these patients to gling to make ends meet. The failure to the Wall Street Journal, as of July receive more needed therapy has ex- extend these essential Medicare provi- 2009, State legislative efforts to allow pired, beneficiaries with the greatest sions immediately will make access to firearms on college campuses had been need for therapy will be the hardest health care or needed medical services defeated 34 straight times nationwide. hit. Congress must address this issue simply unavailable for many bene- However, while this statistic dem- immediately. ficiaries. The impact will be even worse onstrates a clear national consensus A second issue of major concern is for those in rural areas already facing that guns do not belong at universities, the need for additional payment for health care access problems. the National Rifle Association, NRA, mental health services. A provision These examples show some of the continues to push for weaker gun regu- that expired at the end of last year pro- damage that failing to extend these lations. vided an additional 5-percent payment Medicare provisions will do to our sen- Already in 2010, efforts have been unfor Medicare mental health services iors’ health care. dertaken that would weaken the abil- provided by psychologists and mental We need to get back to work on the ity of colleges to determine their own health counselors. This provision has bipartisan package that was in the security needs in Arizona, Georgia, been key to improving access to men- works until the Senate Democratic Virginia, and Colorado. These legisla- tal health care services for veterans leadership’s dramatic change in directive efforts are part of a strategy to and other military personnel suffering tion. pressure State legislatures into passing from post-traumatic stress and other Medicare beneficiaries are counting legislation that would force colleges to disorders since TRICARE coverage is on us to work together and get this allow the possession and use of fire- based on Medicare rates. done. arms by students, faculty, and others Significant shortages of mental Mr. President, I yield the floor, and I on campus. According to a report from health personnel have made it exceed- suggest the absence of a quorum. the Brady Center to Prevent Gun Vio- ingly difficult for Medicare bene- The PRESIDING OFFICER. The lence, entitled ‘‘No Gun Left Behind: ficiaries and some of our military re- clerk will call the roll. The Gun Lobby’s Campaign to Push turning from overseas to find this criti- The legislative clerk proceeded to Guns into Colleges and Schools,’’ this cally needed help. The expiration of call the roll. strategy can be seen as a response to this provision has made it even more Mr. REID. Mr. President, I ask unan- the horrific shootings at Virginia Tech difficult for them to obtain these serv- in 2007. According to this strategy, the imous consent that the order for the ices. Congress needs to act imme- way to prevent future violence on col- quorum call be rescinded. diately to help Medicare beneficiaries lege campuses is to have more guns on The PRESIDING OFFICER. Without and members of the Armed Forces in campuses. objection, it is so ordered. need of mental health services. Increasing the number of guns in uni- A third issue concerns additional Mr. REID. Mr. President, I ask unan- versity settings is likely to increase payments for ambulance services that imous consent that when the Senate the threat of violence. Every day at are routinely extended, year after year. convenes Wednesday, February 24, all colleges across the country, young peo- Many ambulance providers need them postcloture time be considered expired, ple engage in risky behaviors involving to survive. But those provisions also except for any time available until 9:55 alcohol and drugs. According to the expired at the end of last year. a.m., and that at 9:55 a.m. the Senate U.S. Department of Health and Human Another provision would ensure that proceed to vote on a motion to waive Services, binge drinking and illegal Medicare beneficiaries can continue to the applicable budget points of order; drug use is highest among 18- to 24- get vital medical supplies such as dia- further, that if the points of order are year-olds. Furthermore, a report by the betic test strips, canes, nebulizers, and waived, without further intervening ac- National Center on Addiction and Sub- wound care products from their local tion, the second-degree amendment be stance Abuse at Columbia University community pharmacies. withdrawn and no further amendments found that ‘‘nearly half of America’s Under current law, suppliers of dura- be in order; the Senate then proceed to full-time college students abuse drugs ble medical equipment, prosthetics, vote on the Reid motion to concur in or drink on binges at least once a orthotics, and other supplies must get the House amendment to the Senate month.’’ This behavior is dangerous accredited to prove they comply with amendment to H.R. 2847, with amend- enough without introducing a weapon quality standards. Many eligible pro- ment No. 3310; provided further that into the environment. Additional fessionals, such as physicians, nurse upon disposition of the House message threats to public safety stemming from practitioners, physical therapists, and with respect to H.R. 2847, the Senate firearms on campuses include the high others are specifically exempted from proceed to a period of morning busi- risk of gun thefts in typically unsecure this requirement. This provision would ness, with Senators permitted to speak college living environments, as well as exempt pharmacies from being accred- for up to 10 minutes each. an increase in the number of accidental ited under certain circumstances. The PRESIDING OFFICER. Without shootings. Pharmacies must have been enrolled as objection, it is so ordered. Students and faculty should feel safe a Medicare supplier with a provider f while on campus. Contrary to the number for at least 2 years, have DME MORNING BUSINESS claims of some, more guns on campus billings that are less than 5 percent of will not create a more secure campus. their total sales, be in good standing Mr. REID. Mr. President, I ask unan- More guns will increase the threat of with Medicare, and meet other criteria. imous consent that the Senate proceed violence, and that is why legislation Medicare beneficiaries living in rural to a period of morning business, with that would force universities to allow and underserved areas are particularly Senators allowed to speak for up to 10 firearms on campus is misguided. at risk of losing access to these critical minutes each. f medical products. This provision is es- The PRESIDING OFFICER. Without sential to ensure they do not. objection, it is so ordered. HONORING OUR ARMED FORCES There are also a number of expired f SPECIALIST MARC DECOTEAU provisions in this package that im- Mr. GREGG. Mr. President, I rise GUNS ON UNIVERSITY CAMPUSES prove payment for hospitals, especially today to remember and honor Army rural hospitals. These hospitals rely on Mr. LEVIN. Mr. President, in 2009, SPC Marc Paul Decoteau of Waterville these provisions to keep their doors bills aimed at weakening the ability of Valley, NH, for his service and supreme open. universities to regulate the possession sacrifice for his country. The impact of a hospital shutting its of firearms on campus were introduced Specialist Decoteau demonstrated a doors would be especially hard on rural in 12 State legislatures, including the willingness and dedication to serve and

VerDate Nov 24 2008 00:35 Feb 24, 2010 Jkt 089060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G23FE6.021 S23FEPT1 jbell on DSKDVH8Z91PROD with SENATE S694 CONGRESSIONAL RECORD — SENATE February 23, 2010 defend his country by joining the U.S. such as Haiti. I commend Seldon for ing arrangements to donate our eyes Army. Just as many of America’s he- using its technology to help the many after death.’’ In less than 50 words, roes have taken up arms in the face of Haitians who are still desperately in President Reagan expressed how simple dire threats, Marc dedicated himself to need of assistance. and incredible it is to give the gift of the defense of our ideals, values, free- Mr. President, I ask unanimous con- sight. He declared March as National doms, and way of life. His valor and sent that this article entitled ‘‘Windsor Eye Donor Month, and today his words service cost him his life, but his sac- Water Company Ships Help to Haiti’’ hold no less relevance. rifice will help spare millions from be printed in the RECORD. During National Eye Donor Month, lives under tyranny and oppression. There being no objection, the mate- we should take time to honor past do- An exceptional student-athlete, Marc rial was ordered to be printed in the nors and their families for the tremen- played an integral role in two Plym- RECORD, as follows: dous gift of sight they have given. outh Regional High School State foot- WINDSOR WATER COMPANY SHIPS HELP TO These gifts have helped to improve the ball championships and was also a HAITI lives of over 1 million recipients since standout lacrosse player. Marc grad- (By Josh O’Gorman) this procedure was introduced into America’s health care system. uated from Plymouth High School in WINDSOR, VT.—A local company is doing Plymouth, NH, in 2008 and, sensing a its part to help with disaster relief in Haiti. Throughout the United States today, call to duty, enlisted in the Army Seldon Technologies, which develops state- more than 40,000 corneal transplants shortly thereafter. of-the-art water filtration devices, has do- take place yearly, over 750 each week. Tragically, on January 29, 2010, this nated one of its products to Water Missions The Eye Bank Association of America brave 19-year-old gave his life for this International, a South Carolina-based non- was founded in 1961 and promulgates profit that works to provide clean water to Nation while in support of combat op- medical standards for eye banks developing countries and disaster areas such throughout the world. Its initial mem- erations in the Wardak Province of Af- as Haiti. ghanistan. At the time of this hostile Seldon Technologies donated a Seldon bership of 25 member banks has grown action, Specialist Decoteau, a member WaterBox Mobile Filtration System, which to 85 banks in the United States and 15 of the 6th Psychological Operations will help Water Missions aid workers stay international banks. Battalion out of Fort Bragg, NC, was healthy and provide immediate, clean, drink- Corneal transplants can restore sight serving his first tour in Afghanistan in ing water to temporary shelters. to people of all ages and all walks of support of Operation Enduring Free- ‘‘The Seldon staff are excited about the op- life, whether it be a newborn, an adult portunity to utilize our new filtration prod- dom. or an aging grandparent. While success ucts on behalf of those in need,’’ said CEO rates for corneal transplants have al- A beloved member of the Waterville Alan G. Cummings. ‘‘Such use matches our Valley community, Marc was respected ways been high, advancements in re- corporate mission. Seldon’s progress has cent technology have increased success and admired by all those around him. been helped immeasurably by our Senator As a loyal member of the U.S. Army, Leahy and his interest in new technology rates to over 95 percent. When the pro- he continually performed above and be- initiatives in Vermont.’’ cedure was first performed, patients yond all expectations. Specialist Democratic U.S. Sen. Patrick Leahy has would spend upwards of 1 month in the Decoteau will live on as a decorated secured several Department of Defense con- hospital recovering from the trans- tracts for Seldon to develop water filtration plant. Today, it is an outpatient proce- hero and a patriot. products for civilian and military use. Marc was recognized for his service dure. The WaterBox, which retails for $2,695, can Today, we possess the knowledge and several times, receiving the National provide water to 390 people a day, based upon technology to give the gift of sight to Defense Service Medal, Afghanistan the World Health Organization’s disaster thousands of individuals through the Campaign Medal with Campaign Star, standard of 1.9 gallons per person, said Heidi generosity of eye donation. Anyone can Global War on Terrorism Service Luquer, who handles disaster and relief for become an eye donor. Cataracts, poor Medal, Army Service Ribbon, and Para- Seldon Technologies. eyesight or age do not prevent a person chutist Badge. He was also post- Brad Reed, president and chief operating officer for Water Missions International, said from being a donor. I encourage all humously awarded the Army Com- the donation fits his organization’s mission. Americans to become eye donors. It is mendation Medal, Army Good Conduct ‘‘It’s a good example of groups trying to a very simple process. All you need to Medal, and NATO Medal. help each other when one approach com- do is sign up on your State’s donor reg- My condolences and prayers go out to plements the other,’’ said Reed, whose orga- istry and talk to your family to ensure Marcs parents Mark and Nancy, his nization has been working to provide clean they understand that you wish to give brother Andrew and sister Maddie, and drinking water in Haiti since 2004 and had 22 clean-water projects up and running prior to the gift of sight. his family and friends. I offer them my Donated human eyes and corneal tis- deepest sympathies and most heartfelt the Jan. 12 earthquake that killed more than 200,000 people and left more than 1 million sue are used for research, education thanks for their sacrifice. Marc exem- homeless. and transplantation. There is no sub- plified the words of Daniel Webster who Water Missions International has increased stitute for human tissue donation. Cor- said, ‘‘God grants liberty only to those its efforts since the earthquake, bringing in neal transplants cannot take place who love it, and are always ready to an additional 12 aid workers from Germany, without the priceless gift of corneal do- guard and defend it.’’ Because of his ef- Honduras and the U.S., and will have 80 nation from one human to another. I forts, the liberty of this country is water projects in place by the end of the encourage my colleagues to work with week, Reed said. made more secure. God bless Marc their local eye banks to help raise Decoteau. Seldon’s WaterBox is currently en route to Haiti and is expected arrive by the beginning awareness within your communities f of next week, said Reed. and throughout our country. I am hon- SELDON TECHNOLOGIES To learn more about Seldon Technologies, ored to recognize March as National visit www.seldontechnologies.com. For more Eye Donor Month today in the RECORD. Mr. LEAHY. Mr. President, I would about Water Missions International, visit f like to direct the attention of the Sen- www.watermissions.org. ate to an article that was recently pub- f GETTYSBURG COIN ACT lished in the Rutland Herald about Mr. CASEY. Mr. President, I rise NATIONAL EYE DONOR MONTH Seldon Technologies, located in Wind- today to discuss the Gettysburg Coin sor, VT. Mr. ISAKSON. Mr. President, I rise Act, which I was proud to introduce This article describes the laudable ef- today to bring to the attention of my with Senator SPECTER. This legislation forts of a Vermont company taking colleagues that March is National Eye commemorates one of the most signifi- part in the ongoing disaster relief oper- Donor Month. In 1983, President Ronald cant events in our Nation’s history. ation in Haiti. Seldon Technologies has Reagan announced, ‘‘One of the most The Gettysburg Coin Act would donated one of its state-of-the-art magnificent presents that one human produce a commemorative coin in 2013 water filtration devices to a nonprofit being can bestow upon another is the recognizing the 150th anniversary of organization that provides clean water gift of sight. Incredible as it may seem, the 1863 Battle of Gettysburg and to people in developing countries and it is within the power of each of us to President Abraham Lincoln’s Gettys- those affected by natural disasters, give this precious gift simply by mak- burg Address. The Battle of Gettysburg

VerDate Nov 24 2008 00:35 Feb 24, 2010 Jkt 089060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G23FE6.009 S23FEPT1 jbell on DSKDVH8Z91PROD with SENATE February 23, 2010 CONGRESSIONAL RECORD — SENATE S695 not only marked a decisive moment in I am proud to have worked with TTD Kenan J. Kern the American Civil War, but proved to to guard against those who would put Donald G. Charlton Lloyd G. Ewing be the turning point in our Nation’s safety, security, and service at risk. William E. Schley history. More Americans perished dur- TTD and I have fought against risky Tom J. Jones ing the Battle of Gettysburg than in privatization schemes for Amtrak and G. Elliott Hagan, Jr. any other battle in American history. air traffic controllers and to rein in air Warren A. Norman It is with this understanding that we carriers who seek out low-cost, poorly Steve J. Ernest must, as President Abraham Lincoln so Clyde W. Fitzgerald, Jr. supervised foreign repair facilities. David G. Jones eloquently said in the Gettysburg Ad- There is absolutely no excuse for cut- William M. Riley dress, ‘‘highly resolve that these dead ting corners on safety anywhere in the John S. Noell, Jr. shall not have died in vain’’ in defend- transportation industry. John A. Ewing, Jr. ing our Nation’s freedom. This rings Our work in transportation is far William O. McDonald true today as our Nation’s servicemen John B. Thurman, III from done. With our economy mired in William E. Johnston and women continue the long tradition a recession and lingering unemploy- Harris W. Sims of protecting our freedom and values. ment crisis, we need to rebuild our in- Emory Lee Brinson Today, I would also like to recognize frastructure and put Americans back Richard H. Warner the important work of the Army Herit- J. Rufus Youmans to work. We must do more to mod- Warren B. Taylor age Center Foundation, which con- ernize rail, transit, and ports, improve tinues the proud tradition of pro- R. Daniel Weigle safety on our roads, and invest in the James F. Martin tecting and preserving our Nation’s technologies that will make air travel Otha C. Dent rich military history. Based in Carlisle, safer and more efficient. Transpor- Richard B. Smith PA, the U.S. Army Heritage and Edu- James R. Klein tation workers are a strong partner in cation Center works with the U.S. Joseph T. Laslie, Jr.* these bold steps, and I look forward to Army to preserve the memories of sol- Martin T. Bailey continuing to work closely with TTD James W. Friedewald diers and their families, honor their William W. Bell, Jr. service, and help educate the American in pursuit of these shared goals. Twenty years after its inception, the Otis L. Durham public about the Army’s contributions John Richard Owens to our nation. The center’s world class Transportation Trades Department, Richard B. Russell, IV archives store a collection of Army AFL–CIO, continues to be a leader in a Daniel H. Bull∑ memorabilia and artifacts, so we can more efficient, productive, and con- f nected nation. I congratulate the orga- remember how life was lived and the TRIBUTE TO TERRY LINDSEY repercussions of war. The Army Herit- nization on this milestone anniversary ∑ Mr. CHAMBLISS. Mr. President, age Center Foundation’s support for and wish it continued success in the fu- ∑ today I pay tribute to a local leader the 150th anniversary commemorative ture. coin is just another way they continue f and a true public servant, Mr. Terry Lindsey. to fulfill their mission. ADDITIONAL STATEMENTS As a Pennsylvanian, I am proud of Several years ago, Terry took the the role my State has played and con- helm of marketing at Engineered Fab- tinues to play in shaping our Nation’s TRIBUTE TO THE DELTA CHAPTER rics, one of the largest employers in history. It is my hope that these coins SIGMA CHI VETERANS the Rockmart, GA, area. At the end of March, after 33 years on the job, he will will commemorate a day of great na- ∑ Mr. CHAMBLISS. Mr. President, tional pride and remind us of the sac- leave Engineered Fabrics better than today I pay tribute to the brothers of when he started. rifices that generations of American the Delta Chapter of Sigma Chi frater- soldiers and their families have made In addition to serving Engineered nity at the University of Georgia who Fabrics, Terry has spent a great deal of to safeguard this Nation. Therefore, I honorably served in our Nation’s encourage my colleagues to join me in his life promoting his community. Armed Forces during the Vietnam war. supporting this legislation to com- Over the years, Terry has sponsored These men made tremendous sac- memorate the 150th anniversary of the and hosted several Washington fly-ins, rifices, leaving behind their loved ones Battle of Gettysburg. giving the Polk County delegation the and the comfort of college to serve our opportunity to discuss issues of impor- f Nation. One of our brothers, Joe Laslie, tance to the community with the Geor- (At the request of Mr. REID, the fol- gave his life. gia congressional delegation—whether lowing statement was ordered to be This weekend, members of the Delta it be issues impacting small businesses, printed in the RECORD.) Chapter of the Sigma Chi fraternity banks, education, or other critical RECOGNIZING THE TRANSPOR- will honor the brothers who served dur- issues to Polk County. TATION TRADES DEPARTMENT, ing the Vietnam war at a memorial I have had the opportunity to get to AFL–CIO brunch. This will be a touching event, know Terry during these visits, and I ∑ Mr. LAUTENBERG. Mr. President, I especially for the family of Joe Laslie. can tell you he is a salt-of-the-earth wish to pay tribute to the Transpor- Joe made the ultimate sacrifice dur- kind of guy. His friends will tell you tation Trades Department, AFL–CIO, ing the summer of 1968. Many of his that he loves his job, wife, country and as it marks its 20th anniversary rep- close friends at school did not attend God, and is truly thankful for what he resenting our Nation’s transportation his funeral because they did not learn has. workers. The TTD is a leader in the ef- of his death until the following semes- Terry, a longtime member of the fort to ensure that our transportation ter. This event will give us the oppor- Polk County Chamber of Commerce, needs are fully met, and they work to tunity to pay our respects. has been involved in strengthening his remind us of the critical role that I am truly humbled to have had the community through activities such as workers serve in this industry. opportunity to know these men. As fra- the Youth Leadership committee and As chairman of the Commerce Sub- ternity brothers, we competed in sports hosting the Development Authority of committee on Surface Transportation and threw parties, but we also we built Polk County and the Intergovern- and a member of the Transportation strong bonds of friendship, and learned mental Committee of Polk. He has also Appropriations Subcommittee, I have respect and honor. been a member of the Rotary Club of found TTD to be a trusted, valuable re- I am proud of my brothers who so du- Rockmart/Polk County, and has pro- source to help strengthen our infra- tifully served our Nation. It is because vided guidance and encouragement as a structure and expand our skilled, well- of their dedication and sacrifice that mentor. I have no doubt he has touched trained workforce. We are working to- we are able to live in a safe, free coun- many lives throughout his career. gether to address our ailing bridges and try. The leadership and public service he highways, improve our rail systems As a tribute, I would like their names has provided over the years is tremen- and ports, and modernize our air traffic to be etched into the CONGRESSIONAL dously valuable, and he should be very control systems. RECORD for posterity: proud of all he has accomplished.

VerDate Nov 24 2008 00:35 Feb 24, 2010 Jkt 089060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G23FE6.023 S23FEPT1 jbell on DSKDVH8Z91PROD with SENATE S696 CONGRESSIONAL RECORD — SENATE February 23, 2010 The entire community will miss Ter- to the Federal Register for publication, Agency, Department of Homeland Security, ry’s visionary leadership. stating that the national emergency transmitting, pursuant to law, the report of It is my pleasure to congratulate declared with respect to the Govern- a rule entitled ‘‘Suspension of Community Eligibility’’ ((44 CFR Part 64) (Docket No. Terry as he concludes his long and dis- ment of Cuba’s destruction of two un- FEMA–2008–0020)) received during adjourn- tinguished career and begins retire- armed U.S.-registered civilian aircraft ment of the Senate in the Office of the Presi- ment.∑ in international airspace north of Cuba dent of the Senate on February 3, 2010; to the f on February 24, 1996, as amended and Committee on Banking, Housing, and Urban expanded on February 26, 2004, is to Affairs. TRIBUTE TO RICHARD BASHAM continue in effect beyond March 1, 2010. EC–4758. A communication from the Sec- retary, Division of Corporation Finance, Se- ∑ Mr. KOHL. Mr. President, I want to BARACK OBAMA. curities and Exchange Commission, trans- THE WHITE HOUSE, February 23, 2010. take a brief moment to recognize and mitting, pursuant to law, the report of a rule congratulate Richard Basham on his f entitled ‘‘Commission Guidance Regarding retirement as football coach of the MESSAGES FROM THE HOUSE Disclosure Related to Climate Change’’ (17 Marquette University High School CFR Parts 211, 231 and 241) received during Hilltoppers. At 10:03 a.m., a message from the adjournment of the Senate in the Office of Coach Basham led the Hilltoppers for House of Representatives, delivered by the President of the Senate on February 3, 38 seasons. Throughout his tenure, the Mrs. Cole, one of its reading clerks, an- 2010; to the Committee on Banking, Housing, and Urban Affairs. Hilltoppers had 4 undefeated seasons, nounced that the House has passed the following bills, in which it requests the EC–4759. A communication from the Asso- 20 conference championships, and 9 ciate General Counsel for Legislation and state championships—including in concurrence of the Senate: Regulations, Office of the General Counsel, Coach Basham’s final season. With 340 H.R. 4238. An act to designate the facility Department of Housing and Urban Develop- career wins, Coach Basham has won of the United States Postal Service located ment, transmitting, pursuant to law, the re- more high school football games than at 930 39th Avenue in Greeley, Colorado, as port of a rule entitled ‘‘Refinement of In- the ‘‘W.D. Farr Post Office Building’’. come and Rent Determination Requirements any other coach in Wisconsin State H.R. 4425. An act to designate the facility in Public and Assisted Housing Programs: history. of the United States Postal Service located Implementation of the Enterprise Income In addition to Coach Basham’s out- at 2-116th Street in North Troy, New York, Verification System; Withdrawal of Re- standing work on the football field, he as the ‘‘Martin G. ‘Marty’ Mahar Post Of- scinded Regulatory Amendments’’ (RIN2501– led students in the classroom as a fice’’. AD48) received during adjournment of the math teacher and chair of the Mar- Senate in the Office of the President of the quette University High School Mathe- At 11:09 a.m., a message from the Senate on February 3, 2010; to the Com- matics Department. He showed an en- House of Representatives, delivered by mittee on Banking, Housing, and Urban Af- Mrs. Cole, one of its reading clerks, an- fairs. during commitment to bettering the EC–4760. A communication from the Ad- lives of his students and his players, nounced that the House has passed the ministrator, Energy Information Adminis- cultivating their passion for success. following resolution: tration, Department of Energy, transmit- In a State that is proud to call Title H. Res. 1084. A resolution relative to the ting, pursuant to law, a report entitled Town and the great Vince Lombardi its death of the Honorable John P. Murtha, a ‘‘Emissions of Greenhouse Gases in the own, Richard Basham will be remem- Representative from the Commonwealth of United States 2008’’; to the Committee on Pennsylvania. Energy and Natural Resources. bered as the leader of another great EC–4761. A communication from the Direc- f football dynasty. In these almost four tor of the Regulatory Management Division, decades, Coach Basham and Marquette MEASURES REFERRED Office of Policy, Economics, and Innovation, Environmental Protection Agency, transmit- University High School Hilltoppers The following bills were read the first football have epitomized tradition, dis- ting, pursuant to law, the report of a rule en- and the second times by unanimous titled ‘‘Approval and Promulgation of Air cipline, and success both on and off the consent, and referred as indicated: field. Quality Implementation Plans; Indiana; Cor- H.R. 4238. An act to designate the facility rection’’ (FRL No. 9108–7) received in the Of- On behalf of our State, I congratulate of the United States Postal Service located fice of the President of the Senate on Feb- Coach Basham on his remarkable at 930 39th Avenue in Greeley, Colorado, as ruary 1, 2010; to the Committee on Environ- coaching career and for his retirement. the ‘‘W.D. Farr Post Office Building’’; to the ment and Public Works. I wish him good health, happiness, and Committee on Homeland Security and Gov- EC–4762. A communication from the Direc- prosperity for many years to come.∑ ernmental Affairs. tor of the Regulatory Management Division, H.R. 4425. An act to designate the facility Office of Policy, Economics, and Innovation, f of the United States Postal Service located Environmental Protection Agency, transmit- REPORT ON THE CONTINUATION at 2-116th Street in North Troy, New York, ting, pursuant to law, the report of a rule en- as the ‘‘Martin G. ‘Marty’ Mahar Post Of- titled ‘‘Approval and Promulgation of Air OF THE NATIONAL EMERGENCY Quality Implementation Plans; Albuquerque- THAT WAS DECLARED WITH RE- fice’’; to the Committee on Homeland Secu- rity and Governmental Affairs. Bernalillo County, New Mexico; Excess SPECT TO THE GOVERNMENT OF Emissions’’ (FRL No. 9110–2) received in the CUBA’S DESTRUCTION OF TWO f Office of the President of the Senate on Feb- UNARMED U.S.-REGISTERED CI- EXECUTIVE AND OTHER ruary 1, 2010; to the Committee on Environ- VILIAN AIRCRAFT—PM 46 COMMUNICATIONS ment and Public Works. EC–4763. A communication from the Assist- The PRESIDING OFFICER laid be- The following communications were ant Secretary of the Army (Civil Works), fore the Senate the following message laid before the Senate, together with transmitting, pursuant to law, an annual re- from the President of the United accompanying papers, reports, and doc- port on civil works activities for fiscal year States, together with an accompanying uments, and were referred as indicated: 2007; to the Committee on Environment and report; which was referred to the Com- Public Works. EC–4755. A communication from the Prin- EC–4764. A communication from the Pro- mittee on Banking, Housing, and cipal Deputy, Office of the Under Secretary gram Manager, National Institutes of Urban Affairs: of Defense (Personnel and Readiness), trans- Health, Department of Health and Human mitting, pursuant to law, notification of the To the Congress of the United States: Services, transmitting, pursuant to law, the Department’s intent to close the Defense report of a rule entitled ‘‘Grants for Re- Section 202(d) of the National Emer- commissary store at Naval Air Station Bar- search Projects’’ (RIN0925–AA42) received gencies Act (50 U.S.C. 1622(d)) provides bers Point; to the Committee on Armed during adjournment of the Senate in the Of- for the automatic termination of a na- Services. fice of the President of the Senate on Feb- tional emergency unless, prior to the EC–4756. A communication from the Sec- ruary 3, 2010; to the Committee on Health, anniversary date of its declaration, the retary of the Navy, transmitting, pursuant Education, Labor, and Pensions. President publishes in the Federal Reg- to law, notification that the Program Acqui- EC–4765. A communication from the Direc- ister and transmits to the Congress a sition Unit Cost metrics for the DDG 1000 tor, Office of Communications and Legisla- Program have exceeded the critical cost tive Affairs, Equal Employment Opportunity notice stating that the emergency is to growth threshold; to the Committee on Commission, transmitting, pursuant to law, continue in effect beyond the anniver- Armed Services. the Commission’s Annual Sunshine Act Re- sary date. In accordance with this pro- EC–4757. A communication from the Chief port for 2009; to the Committee on Homeland vision, I have sent the enclosed notice Counsel, Federal Emergency Management Security and Governmental Affairs.

VerDate Nov 24 2008 01:30 Feb 24, 2010 Jkt 089060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G23FE6.008 S23FEPT1 jbell on DSKDVH8Z91PROD with SENATE February 23, 2010 CONGRESSIONAL RECORD — SENATE S697 EC–4766. A communication from the Chair- of the Senate on February 18, 2010; to the EC–4783. A communication from the Acting man, Merit Systems Protection Board, Committee on Commerce, Science, and Director of Sustainable Fisheries, National transmitting, pursuant to law, a report enti- Transportation. Marine Fisheries Service, Department of tled ‘‘Fair and Equitable Treatment: EC–4776. A communication from the Dep- Commerce, transmitting, pursuant to law, Progress Made and Challenges Remaining’’; uty Assistant Administrator for Regulatory the report of a rule entitled ‘‘Fisheries of the to the Committee on Homeland Security and Programs, National Marine Fisheries Serv- Exclusive Economic Zone Off Alaska; Governmental Affairs. ice, Department of Commerce, transmitting, Chiniak Gully Research Area for Vessels EC–4767. A communication from the Dep- pursuant to law, the report of a rule entitled Using Trawl Gear’’ (RIN0648–XT71) received uty Assistant Administrator of Diversion ‘‘Fisheries of the Northeastern United during adjournment of the Senate in the Of- Control, Drug Enforcement Administration, States; Atlantic Mackerel, Squid, and fice of the President of the Senate on Feb- Department of Justice, transmitting, pursu- Butterfish Fisheries; Specifications and ruary 3, 2010; to the Committee on Com- ant to law, the report of a rule entitled Management Measures’’ (RIN0648–AY13) re- merce, Science, and Transportation. ‘‘Classification of Three Steroids as Schedule ceived during adjournment of the Senate in EC–4784. A communication from the Acting III Anabolic Steroids Under the Controlled the Office of the President of the Senate on Director of Sustainable Fisheries, National Substances Act’’ (Docket Number DEA–285F) February 18, 2010; to the Committee on Com- Marine Fisheries Service, Department of received during adjournment of the Senate merce, Science, and Transportation. Commerce, transmitting, pursuant to law, in the Office of the President of the Senate EC–4777. A communication from the Dep- the report of a rule entitled ‘‘Fisheries of the on February 3, 2010; to the Committee on the uty Assistant Administrator for Regulatory Exclusive Economic Zone Off Alaska; Pacific Judiciary. Programs, National Marine Fisheries Serv- Cod by Vessels Participating in the Amend- EC–4768. A communication from the Direc- ice, Department of Commerce, transmitting, ment 80 Limited Access Fishery in Bering tor, Administrative Office of the United pursuant to law, the report of a rule entitled Sea and Aleutian Islands Management Area’’ States Courts, transmitting, pursuant to ‘‘Western Pacific Fisheries; Regulatory Re- (RIN0648–XT95) received during adjournment law, an annual report on crime victims’ structuring’’ (RIN0648–AU71) received during of the Senate in the Office of the President rights; to the Committee on the Judiciary. adjournment of the Senate in the Office of of the Senate on February 3, 2010; to the EC–4769. A communication from the Staff the President of the Senate on February 3, Committee on Commerce, Science, and Director, U.S. Sentencing Commission, 2010; to the Committee on Commerce, Transportation. transmitting, pursuant to law, a report rel- Science, and Transportation. EC–4785. A communication from the Acting ative to the compliance of federal district EC–4778. A communication from the Acting Director of Sustainable Fisheries, National courts with documentation submission re- Director of Sustainable Fisheries, National Marine Fisheries Service, Department of quirements; to the Committee on the Judici- Marine Fisheries Service, Department of Commerce, transmitting, pursuant to law, ary. Commerce, transmitting, pursuant to law, the report of a rule entitled ‘‘Fisheries of the EC–4770. A communication from the Chair- the report of a rule entitled ‘‘Fisheries of the Exclusive Economic Zone Off Alaska; Atka man, Federal Election Commission, trans- Exclusive Economic Zone Off Alaska; Pacific Mackerel in the Bering Sea and Aleutian Is- mitting, pursuant to law, a report relative to Cod in the Bering Sea and Aleutian Islands’’ lands Management Area’’ (RIN0648–XT97) re- its budget request for fiscal year 2011; to the (RIN0648–XT42) received in the Office of the ceived during adjournment of the Senate in Committee on Rules and Administration. President of the Senate on February 2, 2010; the Office of the President of the Senate on EC–4771. A communication from the Direc- to the Committee on Commerce, Science, February 3, 2010; to the Committee on Com- tor of Regulations Management, Center for and Transportation. merce, Science, and Transportation. Veterans Enterprise, Department of Vet- EC–4779. A communication from the Acting EC–4786. A communication from the Acting erans Affairs, transmitting, pursuant to law, Director of Sustainable Fisheries, National Director of Sustainable Fisheries, National the report of a rule entitled ‘‘VA-Veteran- Marine Fisheries Service, Department of Marine Fisheries Service, Department of Owned Small Business Verification Guide- Commerce, transmitting, pursuant to law, Commerce, transmitting, pursuant to law, lines’’ (RIN2900–AM78) received during ad- the report of a rule entitled ‘‘Magnuson-Ste- the report of a rule entitled ‘‘Fisheries of the journment of the Senate in the Office of the vens Fishery Conservation and Management Northeastern United States; Spiny Dogfish President of the Senate on February 16, 2010; Act Provisions; Fisheries of the North- Fishery; Commercial Period 2 Quota Har- to the Committee on Veterans’ Affairs. eastern United States; Atlantic Sea Scallop vested’’ (RIN0648–XT98) received during ad- EC–4772. A communication from the Acting Fishery; Closure of the Limited Access Gen- journment of the Senate in the Office of the Assistant Administrator for Fisheries, Office eral Category Scallop Fishery to Individual President of the Senate on February 3, 2010; to the Committee on Commerce, Science, of Sustainable Fisheries, Department of Fishing Quota Scallop Vessels’’ (RIN0648– and Transportation. Commerce, transmitting, pursuant to law, XT87) received in the Office of the President EC–4787. A communication from the Acting the report of a rule entitled ‘‘International of the Senate on February 2, 2010; to the Director of Sustainable Fisheries, National Fisheries; Western and Central Pacific Fish- Committee on Commerce, Science, and Marine Fisheries Service, Department of eries for Highly Migratory Species; Initial Transportation. Commerce, transmitting, pursuant to law, Implementation of the Western and Central EC–4780. A communication from the Acting the report of a rule entitled ‘‘Atlantic Highly Pacific Fisheries Convention’’ (RIN0648– Director of Sustainable Fisheries, National Migratory Species; Atlantic Commercial AV63) received in the Office of the President Marine Fisheries Service, Department of Shark Management Measures’’ (RIN0648– Commerce, transmitting, pursuant to law, of the Senate on February 2, 2010; to the AX95) received in the Office of the President the report of a rule entitled ‘‘Fisheries of the Committee on Commerce, Science, and of the Senate on January 12, 2010; to the Transportation. Exclusive Economic Zone Off Alaska; Atka Committee on Commerce, Science, and EC–4773. A communication from the Acting Mackerel Lottery in Areas 542 and 543’’ Transportation. Assistant Administrator for Fisheries, Office (RIN0648–XT86) received in the Office of the EC–4788. A communication from the Chief of Sustainable Fisheries, Department of President of the Senate on February 2, 2010; of Staff, Media Bureau, Federal Communica- Commerce, transmitting, pursuant to law, to the Committee on Commerce, Science, tions Commission, transmitting, pursuant to the report of a rule entitled ‘‘Fisheries in the and Transportation. law, the report of a rule entitled ‘‘Policies to Western Pacific; Pelagic Fisheries; Vessel EC–4781. A communication from the Acting Promote Rural Radio Service and to Stream- Identification Requirements’’ (RIN0648– Director of Sustainable Fisheries, National line Allotment and Assignment Procedures’’ AX38) received in the Office of the President Marine Fisheries Service, Department of (MB Docket No. 09–52) received in the Office of the Senate on February 2, 2010; to the Commerce, transmitting, pursuant to law, of the President of the Senate on February Committee on Commerce, Science, and the report of a rule entitled ‘‘Fisheries of the 12, 2010; to the Committee on Commerce, Transportation. Caribbean, Gulf of Mexico, and South Atlan- Science, and Transportation. EC–4774. A communication from the Acting tic; Coastal Migratory Pelagic Resources of EC–4789. A communication from the Chief Associate General Counsel for General Law, the Gulf of Mexico and South Atlantic; Clo- of Staff, Media Bureau, Federal Communica- Department of Homeland Security, transmit- sure’’ (RIN0648–XU01) received during ad- tions Commission, transmitting, pursuant to ting, pursuant to law, a report relative to a journment of the Senate in the Office of the law, the report of a rule entitled ‘‘Review of vacancy in the position of Assistant Sec- President of the Senate on February 3, 2010; the Commission’s Program Access Rules and retary, received in the Office of the Presi- to the Committee on Commerce, Science, Examination of Programming Tying Ar- dent of the Senate on February 2, 2010; to the and Transportation. rangements’’ (MB Docket No. 07–198) re- Committee on Commerce, Science, and EC–4782. A communication from the Acting ceived in the Office of the President of the Transportation. Director of Sustainable Fisheries, National Senate on February 1, 2010; to the Com- EC–4775. A communication from the Dep- Marine Fisheries Service, Department of mittee on Commerce, Science, and Transpor- uty Assistant Administrator for Regulatory Commerce, transmitting, pursuant to law, tation. Programs, National Marine Fisheries Serv- the report of a rule entitled ‘‘Fisheries of the EC–4790. A communication from the Senior ice, Department of Commerce, transmitting, Northeastern United States; Summer Floun- Legal Advisor and Chief, Wireless Tele- pursuant to law, the report of a rule entitled der Fishery; Quota Transfer’’ (RIN0648–XT61) communications Bureau, Federal Commu- ‘‘Fisheries Off the Exclusive Economic Zone received during adjournment of the Senate nications Commission, transmitting, pursu- Off Alaska, Steller Sea Lions; Correction’’ in the Office of the President of the Senate ant to law, the report of a rule entitled (RIN0648–AY39) received during adjournment on February 3, 2010; to the Committee on ‘‘MariTEL, Inc. and Mobex Network Serv- of the Senate in the Office of the President Commerce, Science, and Transportation. ices, LLC—Petitions for Rule Making to

VerDate Nov 24 2008 00:35 Feb 24, 2010 Jkt 089060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\A23FE6.020 S23FEPT1 jbell on DSKDVH8Z91PROD with SENATE S698 CONGRESSIONAL RECORD — SENATE February 23, 2010 Amend the Commission’s Rules to Provide for fiscal years 2010 through 2014, and for restore the water quality of the Columbia Additional Flexibility for AMTS and VHF other purposes (Rept. No. 111–127). River Basin, and for other purposes; to the Public Coast Station Licensees’’ (FCC 10–6) f Committee on Environment and Public received in the Office of the President of the Works. Senate on February 12, 2010; to the Com- INTRODUCTION OF BILLS AND By Mr. BAYH (for himself and Mr. mittee on Commerce, Science, and Transpor- JOINT RESOLUTIONS MCCAIN): tation. S. 3026. A bill to provide fiscal discipline EC–4791. A communication from the Assist- The following bills and joint resolu- through a freeze on spending and budget ant Bureau Chief, Wireless Telecommuni- tions were introduced, read the first process reforms; to the Committee on the cations Bureau, Federal Communications and second times by unanimous con- Budget. Commission, transmitting, pursuant to law, sent, and referred as indicated: By Ms. KLOBUCHAR (for herself and the report of a rule entitled ‘‘Revisions to By Mr. SPECTER (for himself, Mr. Mr. THUNE): Rules Authorizing the Operation of Low KAUFMAN, Mr. SCHUMER, and Ms. S. 3027. A bill to prevent the inadvertent Power Auxiliary Station in 698–806 MHz KLOBUCHAR): disclosure of information on a computer Band; Public Interest Spectrum Coalition, S. 3017. A bill to protect State and local through certain ‘‘peer-to-peer’’ file sharing Petition for Rulemaking Regarding Low witnesses from tampering and retaliation, programs without first providing notice and Power Auxiliary Stations, Including Wireless and for other purposes; to the Committee on obtaining consent from an owner or author- Microphones, and the Digital Television the Judiciary. ized user of the computer; to the Committee Transition; Amendment of Parts 15, 74 and By Mr. WYDEN (for himself and Mr. on Commerce, Science, and Transportation. 90’’ (DA 10–92, WT Docket Nos. 08–166 and 167) GREGG): f received in the Office of the President of the S. 3018. A bill to amend the Internal Rev- Senate on February 4, 2010; to the Com- enue Code of 1986 to make the Federal in- SUBMISSION OF CONCURRENT AND mittee on Commerce, Science, and Transpor- come tax system simpler, fairer, and more SENATE RESOLUTIONS tation. fiscally responsible, and for other purposes; EC–4792. A communication from the Attor- The following concurrent resolutions to the Committee on Finance. and Senate resolutions were read, and ney Advisor, U.S. Coast Guard, Department By Mr. LIEBERMAN (for himself, Mr. of Homeland Security, transmitting, pursu- referred (or acted upon), as indicated: SCHUMER, Mr. MERKLEY, and Mrs. ant to law, the report of a rule entitled GILLIBRAND): By Ms. LANDRIEU (for herself, Mrs. ‘‘Safety Zone; Lower Mississippi River, S. 3019. A bill to authorize funding for, and LINCOLN, Mr. CHAMBLISS, Mrs. USACE Revetment, Mile 869 to 303’’ increase accessibility to, the National Miss- SHAHEEN, Ms. MURKOWSKI, Mr. ((RIN1625–AA00)(Docket No. USG–2009–0561)) ing and Unidentified Persons System, to fa- BARRASSO, Mr. BYRD, and Mr. BEN- received in the Office of the President of the cilitate data sharing between such system NETT): Senate on February 2, 2010; to the Com- and the National Crime Information Center S. Res. 419. A resolution supporting the mittee on Commerce, Science, and Transpor- database of the Federal Bureau of Investiga- goals and ideals of ‘‘National Guard Youth tation. tion, to provide incentive grants to help fa- Challenge Day’’; to the Committee on the EC–4793. A communication from the Sec- cilitate reporting to such systems, and for Judiciary. retary of the Commission, Bureau of Com- other purposes; to the Committee on the Ju- By Mr. INHOFE (for himself and Mr. petition, Federal Trade Commission, trans- diciary. COBURN): mitting, pursuant to law, the report of a rule By Ms. SNOWE (for herself, Ms. S. Res. 420. A resolution honoring the entitled ‘‘Notice Announcing 2010 Adjusted LANDRIEU, Mr. BOND, and Mr. members of the Army National Guard and Thresholds for Clayton Act 7A’’ received in MERKLEY): Air National Guard of the State of Oklahoma the Office of the President of the Senate on S. 3020. A bill to direct the Administrator for their service and sacrifice on behalf of February 2, 2010; to the Committee on Com- of the Small Business Administration to re- the United States since September 11, 2001; merce, Science, and Transportation. form and improve the HUBZone program for to the Committee on Armed Services. EC–4794. A communication from the Dep- small business concerns, and for other pur- uty Assistant Secretary for Export Adminis- f poses; to the Committee on Small Business tration, Bureau of Industry and Security, and Entrepreneurship. ADDITIONAL COSPONSORS Department of Commerce, transmitting, pur- By Mr. FEINGOLD (for himself and Mr. suant to law, the report of a rule entitled S. 553 ENSIGN): ‘‘Addition of Certain Persons to the Entity At the request of Ms. KLOBUCHAR, the S. 3021. A bill to amend the Public Utility List: Addition of Persons Acting Contrary to name of the Senator from Minnesota Regulatory Policies Act of 1978 to authorize the National Security or Foreign Policy In- the Secretary of Energy to promulgate regu- (Mr. FRANKEN) was added as a cospon- terests of the United States’’ (RIN0694–AE84) lations to allow electric utilities to use re- sor of S. 553, a bill to revise the author- received during adjournment of the Senate newable energy to comply with any Federal ized route of the North Country Na- in the Office of the President of the Senate renewable electricity standard, and for other tional Scenic Trail in northeastern on February 18, 2010; to the Committee on purposes; to the Committee on Energy and Commerce, Science, and Transportation. Minnesota to include existing hiking Natural Resources. EC–4795. A communication from the Dep- trails along Lake Superior’s north By Mr. MCCAIN (for himself, Mr. uty Assistant Secretary for Export Adminis- shore and in Superior National Forest LIEBERMAN, Mr. KYL, Mr. DURBIN, Mr. tration, Bureau of Industry and Security, and Chippewa National Forest, and for BAYH, Mr. GRAHAM, Mrs. GILLIBRAND, Department of Commerce, transmitting, pur- Mr. THUNE, Mr. CASEY, Mr. CORNYN, other purposes. suant to law, the report of a rule entitled Ms. COLLINS, Mr. KAUFMAN, Mr. S. 686 ‘‘Amendments to the Select Agents Controls VITTER, Mr. BROWNBACK, and Mr. in Export Control Classification Number At the request of Ms. MIKULSKI, the LEVIN): (ECCN) 1C360 on the Commerce Control List name of the Senator from South Da- S. 3022. A bill to impose sanctions on per- (CCL); Correction to ECCN 1E998’’ (RIN0694– kota (Mr. JOHNSON) was added as a co- sons who are complicit in human rights AE67) received during adjournment of the sponsor of S. 686, a bill to establish the abuses committed against citizens of Iran or Senate in the Office of the President of the their family members after the June 12, 2009, Social Work Reinvestment Commission Senate on February 18, 2010; to the Com- elections in Iran, and for other purposes; to to advise Congress and the Secretary of mittee on Commerce, Science, and Transpor- the Committee on Banking, Housing, and Health and Human Services on policy tation. Urban Affairs. issues associated with the profession of f By Mr. SANDERS: social work, to authorize the Secretary REPORTS OF COMMITTEES S. 3023. A bill to phase out the use of pri- to make grants to support recruitment vate military contractors; to the Committee The following reports of committees for, and retention, research, and rein- on Armed Services. vestment in, the profession, and for were submitted: By Ms. SNOWE (for herself and Mr. other purposes. By Mr. ROCKEFELLER, from the Com- PRYOR): mittee on Commerce, Science, and Transpor- S. 3024. A bill to ensure that the creation of S. 729 tation, with an amendment in the nature of jobs by small businesses is considered during At the request of Mr. DURBIN, the a substitute: the Federal legislative and rulemaking proc- name of the Senator from Rhode Island S. 1224. A bill to reauthorize the Chesa- ess, and for other purposes; to the Com- (Mr. REED) was added as a cosponsor of peake Bay Office of the National Oceanic and mittee on Homeland Security and Govern- S. 729, a bill to amend the Illegal Immi- Atmospheric Administration, and for other mental Affairs. purposes (Rept. No. 111–126). By Mr. MERKLEY: gration Reform and Immigrant Respon- S. 2768. A bill to amend title 49, United S. 3025. A bill to amend the Federal Water sibility Act of 1996 to permit States to States Code, to authorize appropriations for Pollution Control Act to provide assistance determine State residency for higher the National Transportation Safety Board for programs and activities to protect and education purposes and to authorize

VerDate Nov 24 2008 01:30 Feb 24, 2010 Jkt 089060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\A23FE6.022 S23FEPT1 jbell on DSKDVH8Z91PROD with SENATE February 23, 2010 CONGRESSIONAL RECORD — SENATE S699 the cancellation of removal and adjust- to end within 5 years the deforestation ommendations of the December 2008 ment of status of certain alien students in Haiti and restore within 30 years the Report of the Commission on the Pre- who are long-term United States resi- extent of tropical forest cover in exist- vention of Weapons of Mass Destruc- dents and who entered the United ence in Haiti in 1990, and for other pur- tion Proliferation and Terrorism, and States as children, and for other purposes. for other purposes. poses. S. 1269 S. 2734 S. 749 At the request of Ms. KLOBUCHAR, the At the request of Mr. FRANKEN, the At the request of Mr. COCHRAN, the name of the Senator from Minnesota name of the Senator from Indiana (Mr. name of the Senator from Maryland (Mr. FRANKEN) was added as a cospon- BAYH) was added as a cosponsor of S. (Ms. MIKULSKI) was added as a cosponsor of S. 1269, a bill to provide for en- 2734, a bill to amend the Public Health sor of S. 749, a bill to improve and ex- hanced foodborne illness surveillance Service Act with respect to the preven- pand geographic literacy among kin- and food safety capacity, to establish tion of diabetes, and for other pur- dergarten through grade 12 students in regional food safety centers of excel- poses. the United States by improving profes- lence, and for other purposes. S. 2736 sional development programs for kin- S. 1350 At the request of Mr. FRANKEN, the dergarten through grade 12 teachers of- At the request of Mr. PRYOR, the name of the Senator from North Caro- fered through institutions of higher name of the Senator from Alaska (Mr. lina (Mrs. HAGAN) was added as a co- education. BEGICH) was added as a cosponsor of S. sponsor of S. 2736, a bill to reduce the S. 841 1350, a bill to encourage increased pro- rape kit backlog and for other pur- At the request of Mr. KERRY, the duction of natural gas and liquified pe- poses. name of the Senator from Illinois (Mr. troleum gas vehicles and to provide tax S. 2750 BURRIS) was added as a cosponsor of S. incentives for natural gas and liquefied At the request of Mr. SCHUMER, the 841, a bill to direct the Secretary of petroleum gas vehicle infrastructure, names of the Senator from North Caro- Transportation to study and establish and for other purposes. lina (Mrs. HAGAN) and the Senator a motor vehicle safety standard that S. 1492 from Louisiana (Mr. VITTER) were provides for a means of alerting blind At the request of Ms. MIKULSKI, the added as cosponsors of S. 2750, a bill to and other pedestrians of motor vehicle name of the Senator from Alaska (Mr. amend the Public Health Service Act operation. BEGICH) was added as a cosponsor of S. to authorize the Secretary of Health S. 870 1492, a bill to amend the Public Health and Human Services to make grants to At the request of Mrs. LINCOLN, the Service Act to fund breakthroughs in eligible States for the purpose of reduc- name of the Senator from Arkansas Alzheimer’s disease research while pro- ing the student-to-school nurse ratio in (Mr. PRYOR) was added as a cosponsor viding more help to caregivers and in- public secondary schools, elementary of S. 870, a bill to amend the Internal creasing public education about pre- schools, and kindergarten. Revenue Code of 1986 to expand the vention. S. 2755 credit for renewable electricity produc- S. 1553 At the request of Mr. MENENDEZ, the tion to include electricity produced At the request of Mr. GRASSLEY, the name of the Senator from Alaska (Mr. from biomass for on-site use and to name of the Senator from Minnesota BEGICH) was added as a cosponsor of S. modify the credit period for certain fa- (Mr. FRANKEN) was added as a cospon- 2755, a bill to amend the Internal Rev- cilities producing electricity from sor of S. 1553, a bill to require the Sec- enue Code of 1986 to provide an invest- open-loop biomass. retary of the Treasury to mint coins in ment credit for equipment used to fab- S. 910 commemoration of the National Fu- ricate solar energy property, and for At the request of Mr. WARNER, the ture Farmers of America Organization other purposes. name of the Senator from Florida (Mr. and the 85th anniversary of the found- S. 2781 LEMIEUX) was added as a cosponsor of ing of the National Future Farmers of At the request of Ms. MIKULSKI, the S. 910, a bill to amend the Emergency America Organization. name of the Senator from Alaska (Ms. Economic Stabilization Act of 2008, to S. 1652 MURKOWSKI) was added as a cosponsor provide for additional monitoring and At the request of Mr. HARKIN, the of S. 2781, a bill to change references in accountability of the Troubled Asset name of the Senator from Washington Federal law to mental retardation to Relief Program. (Mrs. MURRAY) was added as a cospon- references to an intellectual disability, S. 941 sor of S. 1652, a bill to amend part B of and to change references to a mentally At the request of Mr. CRAPO, the the Individuals with Disabilities Edu- retarded individual to references to an name of the Senator from Texas (Mr. cation Act to provide full Federal fund- individual with an intellectual dis- CORNYN) was added as a cosponsor of S. ing of such part. ability. 941, a bill to reform the Bureau of Alco- S. 1733 S. 2796 hol, Tobacco, Firearms, and Explo- At the request of Mrs. BOXER, the At the request of Mr. ENZI, the name sives, modernize firearm laws and regu- name of the Senator from Maryland of the Senator from Utah (Mr. BEN- lations, protect the community from (Mr. CARDIN) was added as a cosponsor NETT) was added as a cosponsor of S. criminals, and for other purposes. of S. 1733, a bill to create clean energy 2796, a bill to extend the authority of S. 1055 jobs, promote energy independence, re- the Secretary of Education to purchase At the request of Mrs. BOXER, the duce global warming pollution, and guaranteed student loans for an addi- name of the Senator from Michigan transition to a clean energy economy. tional year, and for other purposes. (Ms. STABENOW) was added as a cospon- S. 1859 S. 2803 sor of S. 1055, a bill to grant the con- At the request of Mr. ROCKEFELLER, At the request of Mr. CASEY, the gressional gold medal, collectively, to the name of the Senator from Min- name of the Senator from North Caro- the 100th Infantry Battalion and the nesota (Ms. KLOBUCHAR) was added as a lina (Mrs. HAGAN) was added as a co- 442nd Regimental Combat Team, cosponsor of S. 1859, a bill to reinstate sponsor of S. 2803, a bill to direct the United States Army, in recognition of Federal matching of State spending of Secretary of Health and Human Serv- their dedicated service during World child support incentive payments. ices to encourage research and carry War II. S. 1931 out an educational campaign with re- S. 1183 At the request of Mr. AKAKA, the spect to pulmonary hypertension, and At the request of Mr. DURBIN, the name of the Senator from West Vir- for other purposes. name of the Senator from New Jersey ginia (Mr. BYRD) was added as a co- S. 2816 (Mr. LAUTENBERG) was added as a cosponsor of S. 1931, a bill to enhance the At the request of Mr. BUNNING, the sponsor of S. 1183, a bill to authorize ability of Congress to oversee matters name of the Senator from Minnesota the Secretary of Agriculture to provide pertaining to nuclear nonproliferation (Ms. KLOBUCHAR) was added as a co- assistance to the Government of Haiti identified in the findings and rec- sponsor of S. 2816, a bill to repeal the

VerDate Nov 24 2008 00:35 Feb 24, 2010 Jkt 089060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\A23FE6.016 S23FEPT1 jbell on DSKDVH8Z91PROD with SENATE S700 CONGRESSIONAL RECORD — SENATE February 23, 2010 sunset of the Economic Growth and charge to go to the witnesses and ter- a greater sense of assurance that the law Tax Relief Reconciliation Act of 2001 rify them and even murder them. Dur- would do its job in actually making the with respect to the expansion of the ing the course of the field hearing, we streets safe as well as protecting those who decide to turn killers in?’’ adoption credit and adoption assist- had two parents testify about how On January 8, 2010, I chaired a field hearing ance programs and to allow the adop- their children were brutally murdered. in Philadelphia for the Senate Judiciary tion credit to be claimed in the year It is a violation of State law to in- Subcommittee on Crime and Drugs on wit- expenses are incurred, regardless of timidate a witness, but making it a ness intimidation to explore how law en- when the adoption becomes final. Federal offense imports a great deal forcement can better protect witnesses. Two parents—each who lost a child to gun vio- S. 2904 more pressure, more power to the situ- lence—testified. Barbara Clowden told us At the request of Mr. FRANKEN, the ation. People do not like the Federal presence, the initiation of a criminal that her son Eric Hayes, 17 years old, was name of the Senator from Oregon (Mr. killed just two days before he was to testify MERKLEY) was added as a cosponsor of case, the investigation by the FBI, and in an arson trial in Philadelphia. Because S. 2904, a bill to amend title 10, United the treatment of the Federal courts is Eric’s life had been threatened, in January States Code, to require emergency con- materially different—at least in Phila- 2006 his family entered into the city’s wit- traception to be available at all mili- delphia—than it is in the State court ness relocation program. Eventually the tary health care treatment facilities. proceedings. money from the program ran out and they I think this kind of legislation would had to relocate to Northeast Philadelphia S. 2925 be very salutary. If you don’t have the where Eric was murdered. No one to date has At the request of Mr. WYDEN, the integrity of the judicial process pro- been convicted of Eric’s murder. name of the Senator from Oregon (Mr. Ted Canada is a Philadelphia resident and tected, it is a very sad day in the ad- MERKLEY) was added as a cosponsor of SEPTA bus driver. In 2005, his son Lamar ministration of justice. I introduced S. 2925, a bill to establish a grant pro- Canada was shot 12 times and killed by this legislation on behalf of Senator gram to benefit victims of sex traf- Dominick Peoples and another unidentified SCHUMER, Senator KLOBUCHAR, and shooter in Philadelphia over a gambling ficking, and for other purposes. Senator KAUFMAN. debt. One witness to the shooting, Johnta S. RES. 412 Mr. President, I ask unanimous con- Gravitt, 17 years old, was murdered 10 days At the request of Mrs. GILLIBRAND, sent that the full text of my statement after he testified at the preliminary hearing the name of the Senator from Colorado and the text of the bill be printed in and identified Peoples as one of the shooters. Another witness initially cooperated but (Mr. UDALL) was added as a cosponsor the RECORD. of S. Res. 412, a resolution designating after his statement to the police was pub- There being no objection, the mate- licly posted in his neighborhood identifying September 2010 as ‘‘National Childhood rial was ordered to be printed in the him as a ‘‘snitch,’’ he recanted. Peoples, nev- Obesity Awareness Month’’. RECORD as follows: ertheless, was convicted. S. RES. 414 Mr. SPECTER. Mr. President, I have The most notorious example of witness in- At the request of Mr. KERRY, the sought recognition to introduce the State timidation in Philadelphia involves Kaboni name of the Senator from Maryland Witness Protection Act of 2010. I am joined Savage, a drug kingpin who was federally in- dicted last April on racketeering and murder (Mr. CARDIN) was added as a cosponsor on this legislation by Senators Kaufman, charges for retaliating against his former of S. Res. 414, a resolution expressing Schumer and Klobuchar as original cosponsors. drug associate, Eugene Coleman. Coleman the Sense of the Senate on the recov- As reported by the Philadelphia Inquirer had agreed to testify against Savage in a fed- ery, rehabilitation, and rebuilding of on December 14, 2009, ‘‘[p]rosecutors, detec- eral trial. The federal charges allege that to Haiti following the humanitarian crisis tives, and even some defense attorneys say retaliate for this, Savage orchestrated the caused by the January 12, 2010, earth- witness fear has become an unspoken factor firebombing of Coleman’s family home on quake in Haiti. in virtually every court case involving vio- the 3200 block of North 6th Street in Phila- lent crime in Philadelphia. Reluctant or ter- delphia during the early morning hours of f rified witnesses routinely fail to appear in October 9, 2004. Killed in the fire were Cole- STATEMENTS ON INTRODUCED court, and when they do, they often recant man’s mother, Marcella Coleman (age 54); BILLS AND JOINT RESOLUTIONS their earlier testimony or statement to po- Coleman’s infant son, Damir Jenkins (15 lice.’’ months old); Marcella Coleman’s niece, By Mr. SPECTER (for himself, One Philadelphia Assistant District Attor- Tameka Nash (age 34), and her daughter, Mr. KAUFMAN, Mr. SCHUMER, ney is quoted in the article saying that at Khadjah Nash (age 10); Marcella Coleman’s and Ms. KLOBUCHAR): least one witness in every murder trial re- grandson, Tahj Porchea (age 12); and a fam- S. 3017. A bill to protect State and cants. As a result, Assistant District Attor- ily friend, Sean Rodriguez (age 15). In a con- local witnesses from tampering and re- neys learn to ‘‘lock in’’ witness testimony versation secretly recorded by court author- taliation, and for other purposes; to early with signed statements and testimony ized wiretaps, Savage explained how witness the Committee on the Judiciary. under oath, and are expert in cross-exam- intimidation works, ‘‘Without the witnesses, ining witnesses who ‘‘go south.’’ At times, you don’t have no case . . . No witness, no Mr. SPECTER. Mr. President, I have the prosecutors are forced to lock up wit- crime.’’ sought recognition to introduce legis- nesses on material witness warrants to as- The witness intimidation problem is exac- lation to make it a Federal offense to sure their appearance at trial. erbated by internet sites, such as intimidate or threaten a witness in a In Philadelphia between 2006 and 2008, the whosarat.com, which expose the identities of State court proceeding. District Attorney’s Office filed witness in- witnesses and government informants. Gang This legislation I believe to be nec- timidation charges against approximately members and criminals are becoming more essary based upon some very disastrous 1,000 individuals. Their conviction rate on computer savvy. They use the internet to these charges, however, is only 28%. find out who may be a cooperating witness experiences in the criminal courts in Witness intimidation and violent crime are by accessing public court dockets. They also Philadelphia, as evidenced by a lengthy problems that I have worked on for decades, access other sites to locate these individuals. series of articles in the Philadelphia since I was an Assistant District Attorney With this information obtained anonymously Inquirer and a field hearing which the and later District Attorney in Philadelphia, through the internet, gang members and Judiciary Subcommittee on Crime and and on the Judiciary Committee, where I other criminals can easily threaten or harm Drugs held in Philadelphia. What has have served since 1981 when I was sworn in. witnesses, as well as their family members. occurred is that in many instances, Criminal trials cannot proceed unless there It is imperative that we find a way to are witnesses, and if witnesses are subject to witnesses are intimidated—even mur- make people feel safe if they step forward intimidation or even worse, murdered, crimi- and provide information to law enforcement. dered—to prevent them from testi- nal cases cannot go forward. And unless wit- As Philadelphia Police Commissioner fying. nesses can be assured they will be protected, Charles H. Ramsey testified at the Sub- The crime scenes in our big cities are the problem of witness intimidation cannot committee hearing, ‘‘the only way we’re atrocious. I spent eight years as the be expected to go away. going to deal with crime in communities is district attorney of Philadelphia. When Philadelphia’s witness intimidation prob- when the community steps forward, but they I left that position, I didn’t think the lems are similar to those faced by many have to feel comfortable in doing so and crime problem could be worse, but re- communities in our country. A recent Op-Ed know they have support.’’ in the Chicago Tribune stated that witnesses To better protect state witnesses from wit- grettably it is now, in many aspects. often want to cooperate with police, but the ness tampering and witness retaliation, I am One of the aspects has been for the risk of retribution is too great. The article introducing today The State Witness Protec- young thugs who are under accusation posed the following question ‘‘What would tion Act of 2010, a bill that ensures that state or friends of those who are under happen if we diminished the risk and created witnesses will receive the same protections

VerDate Nov 24 2008 01:01 Feb 24, 2010 Jkt 089060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\A23FE6.017 S23FEPT1 jbell on DSKDVH8Z91PROD with SENATE February 23, 2010 CONGRESSIONAL RECORD — SENATE S701 from actions of intimidation and retaliation attempt to intimidate, or offer anything of ‘‘(B) the maximum term that could have as federal witnesses have under federal law. value to, another individual, with the intent been imposed for any offense charged in the Making this a federal offense and bringing in to— criminal case. the FBI to investigate, as Commissioner ‘‘(1) influence, delay, or prevent the testi- ‘‘(3) ATTEMPT AND CONSPIRACY.—Any per- Ramsey testified, ‘‘would make a tremen- mony or attendance of any person in a State son who attempts or conspires to commit dous difference and make people think twice official proceeding; any offense under this section shall be sub- before they’’ engaged in witness intimidation ‘‘(2) prevent the production of a record, ject to the same penalties as those pre- He explained it this way— document, or other object, in a State official scribed for the offense, the commission of I just think the whole environment or at- proceeding; which was the object of the attempt or con- mosphere when you go into a Federal court ‘‘(3) cause or induce any person to— spiracy. versus a local court is just somewhat dif- ‘‘(A) withhold testimony, or withhold a ‘‘(e) AFFIRMATIVE DEFENSE.—It is an af- ferent, and they [defendants] haven’t been record, document, or other object from a firmative defense to a prosecution under this exposed to it that often. I just think it has State official proceeding; section, which the defendant shall prove by a an impact in the feedback I’ve gotten from ‘‘(B) alter, destroy, mutilate, or conceal an preponderance of the evidence, that the con- people on both sides, whether it’s another object with intent to impair the integrity or duct committed by the defendant— law enforcement agency or from a person availability of the object for use in a State ‘‘(1) consisted solely of lawful conduct; and who’s been in the criminal justice system. official proceeding; ‘‘(2) that the sole intention of the defend- They do not want to go into Federal court. ‘‘(C) evade legal process summoning that ant was to encourage, induce, or cause the (Tr. At 16). person to appear as a witness, or to produce other person to testify truthfully. The bill, which tracks the language of 18 a record, document or other object in a State ‘‘(f) PENDING PROCEEDING; EVIDENTIARY U.S.C. §§ 1512 and 1513, provides the same pen- official proceeding; or VALUE.—For the purposes of this section— alties as now provided in federal court for ‘‘(D) be absent from a State official pro- ‘‘(1) a State official proceeding need not be witness tampering in state court proceeding to which that person has been sum- pending or about to be instituted at the time ceedings. For state court proceedings, the moned by legal process; of the offense; and bill makes it a federal offense to kill, phys- ‘‘(4) hinder, delay, or prevent the commu- ‘‘(2) the testimony, or the record, docu- ically harm, threaten to physically harm, nication by any person to a law enforcement ment, or other object obstructed, tampered, harass, or intimidate, or offer anything of officer or judge of a State, or political sub- or retaliated against by the defendant need value to, a state court witness or victim if division thereof, of information relating to not be admissible in evidence or free of a done— the violation or possible violation of a law of claim of privilege. with the intent to influence another per- a State or political subdivision thereof, or a ‘‘(g) INTENT.—In a prosecution for an of- son’s testimony; violation of conditions of probation, parole, fense under this section, the state of mind with the intent to induce another to with- or release pending judicial proceedings; or need not be proved with respect to— hold testimony or records, alter or destroy ‘‘(5) retaliate against any person for— ‘‘(1) a State official proceeding before a evidence, evade legal process, or be absent ‘‘(A) the attendance of a witness or party judge, court, magistrate judge, or grand jury from a state proceeding if that person has at a State official proceeding, or any testi- being before a judge or court of a State or been summoned by legal process; mony given or any record, document, or political subdivision thereof; with the intent to hinder or prevent a per- other object produced by a witness in a State ‘‘(2) a judge being a judge of a State or po- son from providing information to law en- official proceeding; or litical subdivision thereof; or forcement; or ‘‘(B) providing to a law enforcement officer ‘‘(3) a law enforcement officer being an of- with the intent to retaliate against anyone any information relating to the violation or ficer or employee of the State or political for being a witness or providing testimony or possible violation of a law of a State or polit- subdivision thereof. information to law enforcement. ical subdivision thereof, or a violation of ‘‘(h) VENUE.—A prosecution brought under Federal jurisdiction is established by pros- conditions of probation, supervised release, this section may be brought— ecuting only cases where there are commu- parole, or release pending judicial pro- ‘‘(1) in the district in which the State offi- nications in furtherance of the offense by ceedings. cial proceeding (whether or not pending or mail, interstate or foreign commerce by any ‘‘(c) CIRCUMSTANCES.—A circumstance de- about to be instituted) was intended to be af- means, including computer, interstate or for- scribed in this subsection is that— fected; or eign travel in furtherance of the commission ‘‘(1) any communication involved in or ‘‘(2) in the district which the conduct con- of the offense, or the use of weapons which made in furtherance of the offense is commu- stituting the alleged offense occurred.’’. have been shipped or transported across nicated or transported by the mail, or in (b) TECHNICAL AND CONFORMING AMEND- state lines. Any attempt or conspiracy to interstate or foreign commerce by any MENT.—The table of contents for chapter 73 commit these same offenses is also illegal means, including by computer, or any means of title 18, United States Code, is amended by and subject to the same penalties. And fi- or instrumentality of interstate or foreign adding at the end the following: nally, the bill provides for specific guideline commerce is otherwise used in committing ‘‘1522. State and local witness tampering and enhancements for all obstruction offenses. or in furtherance of the commission of the retaliation.’’. The message must be sent loud and clear offense; that serious penalties will be imposed on SEC. 3. SENTENCING GUIDELINES ENHANCE- ‘‘(2) any person travels or is transported in those who dare to attempt to obstruct jus- MENT. interstate or foreign commerce in the course tice in our country. The ‘‘State Witness Pro- Pursuant to its authority under section 994 of the commission of or in furtherance of the tection Act of 2010’’ is a strong means of de- of title 28, United States Code, and in accord- commission of the offense; or livering that necessary message. ance with this section, the United States ‘‘(3) any weapon, including a firearm, Sentencing Commission shall amend the S. 3017 shipped or transported across State lines or Federal Sentencing Guidelines to increase in interstate or foreign commerce is used in the guideline range for Obstruction of Jus- Be it enacted by the Senate and House of Rep- committing or in furtherance of the commis- tice, §2J1.2, as follows— resentatives of the United States of America in sion of the offense. (1) by 2 levels if the defendant threatened Congress assembled, ‘‘(d) PENALTIES.— or harmed 1 or more individuals on more SECTION 1. SHORT TITLE. ‘‘(1) IN GENERAL.—Any person that violates than 1 occasion; This Act may be cited as the ‘‘State Wit- this section— (2) by 2 levels if the defendant accepted or ness Protection Act of 2010’’. ‘‘(A) in the case of a killing, shall be pun- paid a bribe or payoff as part of a scheme to SEC. 2. PROTECTION OF STATE AND LOCAL WIT- ished as provided under sections 1111 and obstruct justice; NESSES. 1112; (3) by 2 levels if the defendant destroyed or (a) IN GENERAL.—Chapter 73 of title 18, ‘‘(B) in the case of an attempt to murder, caused the destruction of documents on a United States Code, is amended by adding at or the use or attempted use of physical force computer; and the end the following: against any person, shall be fined under this (4) by 6 levels if the offense resulted in sub- ‘‘§ 1522. State and local witness tampering title, or imprisoned for not more than 30 stantial interference with the administra- and retaliation years, or both; and tion of justice. ‘‘(a) DEFINITIONS.—In this section— ‘‘(C) in the case of any other violation of ‘‘(1) the term ‘State official proceeding’ this section, shall be fined under this title, By Mr. LIEBERMAN (for himself, means a proceeding before a judge or court of imprisoned for not more than 20 years, or Mr. SCHUMER, Mr. MERKLEY, a State or political subdivision thereof; and both. and Mrs. GILLIBRAND): ‘‘(2) the term ‘physical force’ has the ‘‘(2) EXCEPTION.—If the offense under this S. 3019. A bill to authorize funding meaning given the term in section 1515. section occurs in connection with a trial of a for, and increase accessibility to, the ‘‘(b) TAMPERING AND RETALIATION.—It shall criminal case, the maximum term of impris- be unlawful, in a circumstance described in onment that may be imposed for the offense National Missing and Unidentified Per- subsection (c), for a person to kill, attempt shall be the higher of— sons System, to facilitate data sharing to kill, use physical force or the threat of ‘‘(A) the penalty described in paragraph (1); between such system and the National physical force against, harass, intimidate or or Crime Information Center database of

VerDate Nov 24 2008 01:01 Feb 24, 2010 Jkt 089060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G23FE6.015 S23FEPT1 jbell on DSKDVH8Z91PROD with SENATE S702 CONGRESSIONAL RECORD — SENATE February 23, 2010 the Federal Bureau of Investigation, to troduced in the 110th Congress, S. 3699. HUBZone firms. I am dismayed by the provide incentive grants to help facili- The purpose of the bill is to help ensure myriad ways that government depart- tate reporting to such systems, and for that only eligible firms participate in ments and agencies have time and other purposes; to the Committee on the critical HUBZone program by re- again egregiously failed to meet most the Judiciary. quiring that the Small Business Ad- of their statutory small business con- Mr. LIEBERMAN. Mr. President, I ministration, SBA, implement Govern- tracting goals. I am alarmed that only rise to speak about the Help Find the ment Accountability Office, GAO, rec- one Federal small business contracting Missing Act, otherwise known as ommendations for improving the man- program—the Small Disadvantaged Billy’s Law, which I am introducing agement, oversight and evaluation of Business program—has met its statu- today along with my colleagues, Sen- the program. tory goal, and that the three other ators SCHUMER, GILLIBRAND and As former Chair and now Ranking small business goaling programs have MERKLEY. Member of the Senate Committee on all fallen drastically short. In fiscal I was introduced to the issues Billy’s Small Business and Entrepreneurship, I year 2008, the Federal Government met Law addresses by two of my constitu- have long championed critical small only 2.34 percent of its 3 percent gov- ents, Jan and Bill Smolinski, who have business programs such as the ernment-wide goal for the HUBZone lived through a parent’s worst night- HUBZone program, which provides program. Even worse, the Federal Gov- mare: the disappearance of their son. Federal contracting opportunities to ernment missed meeting its overall On the afternoon of August 24, 2004, small firms located in economically goal for small business contracting by then-31-year-old Billy Smolinski dis- distressed areas. almost 2 percent, depriving small busi- appeared without a trace. He left be- The program is devised to help stim- nesses of over $10 billion. hind a dog he loved and his brandnew ulate economic development and job I am confident that this legislation house; a truck with his keys and wallet creation. In these troubled economic will require the changes necessary to still inside; and parents who have spent times, a properly functioning HUBZone eliminate fraud while paving the way every day since searching for him and program is essential for nation-wide for the Federal Government to maxi- praying for his return. One moment he economic recovery. According to the mize the use of this contracting vehi- was there, asking his neighbors to look SBA, as of October 2009, 21,222 certified cle. In turn, qualified HUBZone firms after his dog for a few days, and the businesses have participated in the will provide the essential job creation next he was gone without explanation. HUBZone program since its inception and economic development necessary Jan and Bill Smolinski have spent in 1997. In fiscal year 2008, HUBZone in their respective communities. The countless hours working with law en- firms were awarded approximately $10.1 HUBZone program is a tremendous tool forcement to try to find Billy. Through billion in Federal contracts. And let for replacing lost jobs across all indus- that experience, they discovered that there be no doubt—with the Federal try sectors in distressed geographic we do a poor job managing data about Government contracting for over $500 areas, and clearly, this program should missing adults. The bill we are intro- billion in goods and services in fiscal be better utilized. ducing today will help correct those year 2009 alone—we must have a robust Mr. President, I ask unanimous con- shortcomings so that families in simi- and trustworthy HUBZone program for sent that the text of the bill be printed lar situations can focus only on their small businesses to continue gener- in the RECORD. missing loved ones and not have to ating jobs in our nation’s most eco- There being no objection, the text of worry that their agony will be pro- nomically distressed communities. the bill was ordered to be printed in longed simply because we fail to keep The GAO has issued multiple reports the RECORD, as follows: track of—and share—critical identi- detailing fraud and abuses within the S. 3020 fying data. HUBZone program. Alarmingly, the Be it enacted by the Senate and House of Rep- Billy’s Law does three things: It fa- GAO found that the mechanisms the resentatives of the United States of America in cilitates the sharing of data about SBA uses to certify and monitor Congress assembled, missing people between agencies; it re- HUBZone firms provide limited assur- SECTION 1. SHORT TITLE. quires law enforcement to compile and ance that only eligible firms partici- This Act may be cited as the ‘‘HUBZone Improvement Act of 2010’’. track missing persons data that is not pate in the program. The GAO specifically stated that the ‘‘SBA’s control SEC. 2. DEFINITIONS. currently being collected consistently; In this Act— and it provides funding to improve, weaknesses exposed the government to (1) the terms ‘‘Administration’’ and ‘‘Ad- monitor, and maintain that data. fraud and abuse.’’ The GAO also had ministrator’’ mean the Small Business Ad- It is my hope that no parent will ever concerns that the SBA had no mecha- ministration and the Administrator thereof, have to experience what Jan and Bill nisms to adequately assess program re- respectively; Smolinski are going through, and, as a sults. (2) the terms ‘‘HUBZone’’ and ‘‘HUBZone parent, my heart truly goes out to The legislation I am introducing small business concern’’ and ‘‘HUBZone them. Passing Billy’s Law will help today would take immediate steps to map’’ have the meanings given those terms in section 3(p) of the Small Business Act (15 give families of missing adults con- rectify the serious issues that GAO found. The bill requires the SBA to im- U.S.C. 632(p)), as amended by this Act; and fidence that we are doing everything (3) the term ‘‘recertification’’ means a de- we can to carefully track the informa- plement the GAO recommendations re- termination by the Administrator that a tion necessary to locate their loved sulting from the study and audits. business concern that was previously deter- ones. These include maintaining an accurate, mined to be a qualified HUBZone small busi- correct and up-to-date map; imple- ness concern is a qualified HUBZone small By Ms. SNOWE (for herself, Ms. menting policies that ensure that only business concern under section 3(p)(5) of the LANDRIEU, Mr. BOND, and Mr. eligible firms participate in the pro- Small Business Act (15 U.S.C. 632(p)(5)). MERKLEY): gram; employing appropriate tech- SEC. 3. PURPOSE; FINDINGS. S. 3020. A bill to direct the Adminis- nology to control costs and maximize (a) PURPOSE.—The purpose of this Act is to trator of the Small Business Adminis- other benefits, such as uniformity, reform and improve the HUBZone program of the Administration. tration to reform and improve the completeness, simplification and effi- (b) FINDINGS.—Congress finds that— HUBZone program for small business ciency; notifying the Congressional (1) the HUBZone program was established concerns, and for other purposes; to the Small Business Committees of any under the HUBZone Act of 1997 (Public Law Committee on Small Business and En- backlogs in applications and recertifi- 105–135; 111 Stat. 2627) to stimulate economic trepreneurship. cations with plans and timetables for development through increased employment Ms. SNOWE. Mr. President, I rise eliminating the backlogs; and imple- and capital investment by providing Federal today, along with Senators LANDRIEU, menting plans to assess the effective- contracting preferences to small business concerns in those areas, including inner cit- BOND, and MERKLEY to introduce the ness of the HUBZone program. ies and rural counties, that have low house- Historically Underutilized Business Moreover, the Federal Government hold incomes, high unemployment, and suf- Zone, HUBZone, Improvement Act of must strive to continue to provide fered from a lack of investment; and 2010. This vital piece of bipartisan leg- maximum practicable contracting op- (2) according to the Government Account- islation is similar to that which I in- portunities to those who are legitimate ability Office, the weakness in the oversight

VerDate Nov 24 2008 01:01 Feb 24, 2010 Jkt 089060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\A23FE6.024 S23FEPT1 jbell on DSKDVH8Z91PROD with SENATE February 23, 2010 CONGRESSIONAL RECORD — SENATE S703 of the HUBZone program by the Administra- SEC. 6. REDESIGNATED AREAS. ergy directly to produce light, rather tion has exposed the Government to fraud Section 3(p)(4)(C)(i) of the Small Business than generate electricity, this innova- and abuse. Act (15 U.S.C. 632(p)(4)(C)(i)) is amended to tive technology would not qualify as read as follows: SEC. 4. HUBZONE IMPROVEMENTS. ‘‘(i) 3 years after the first date on which renewable energy under the draft Re- The Administrator shall— the Administrator publishes a HUBZone map newable Electricity Standard. (1) ensure the HUBZone map— that is based on the results from the 2010 de- Orion has already retrofitted ap- (A) is accurate and up-to date; and cennial census; or’’. proximately 5,000 facilities with im- (B) revised as new data is made available proved lighting technology nationwide. to maintain the accuracy and currency of By Mr. FEINGOLD (for himself With about 400 lighting fixtures on av- the HUBZone map; and Mr. ENSIGN): erage, if these same facilities decided (2) implement policies for ensuring that S. 3021. A bill to amend the Public to upgrade to the light-pipe technology only HUBZone small business concerns de- Utility Regulatory Policies Act of 1978 it would take between 6 million and 10 termined to be qualified under section 3(p)(5) to authorize the Secretary of Energy to million man-hours to install. These of the Small Business Act (15 U.S.C. 632(p)(5)) promulgate regulations to allow elec- would be jobs for roofers and car- are participating in the HUBZone program, tric utilities to use renewable energy including through the appropriate use of penters at a time when the construc- technology to control costs and maximize, to comply with any Federal renewable tion industry is badly in need of work. among other benefits, uniformity, complete- electricity standard, and for other pur- Direct use renewable energy tech- ness, simplicity, and efficiency; poses; to the Committee on Energy and nologies have significant environ- (3) submit to the Committee on Small Natural Resources. mental benefits. The energy savings Business and Entrepreneurship of the Senate Mr. FEINGOLD. Mr. President, today from retrofitting these facilities with and the Committee on Small Business of the I am introducing the Support Renew- the light-pipe would amount to a sav- House of Representatives a report regarding able Energy Act of 2010 with my col- any application to be designated as a ings of between 915 and 1,934 gigawatts league, Senator ENSIGN. This bill would HUBZone small business concern or for re- of electricity per year, which amounts certification for which the Administrator modify the Renewable Electricity to the energy equivalent of 343 to 725 has not made a determination as of the date Standard currently drafted in the million tons of coal that would not that is 60 days after the date on which the American Clean Energy Leadership Act have to be burned, avoiding the release application was submitted or initiated, to ensure that all forms of renewable of between 0.6 and 1.28 million tons of which shall include a plan and timetable for energy qualify. carbon dioxide from entering the at- ensuring the timely processing of the appli- I am pleased that the Senate is again mosphere. In addition, the users of this cations; and considering the implementation of a (4) develop measures and implement plans technology will save money on their Renewable Electricity Standard that electric bill, which could then be used to assess the effectiveness of the HUBZone will encourage the development and de- program that— for other things, like hiring new em- (A) require the identification of a baseline ployment of new and existing renew- ployees or increasing salaries. point in time to allow the assessment of eco- able energy technologies. However, as This is just one company and one of nomic development under the HUBZone pro- the proposed Renewable Electricity the many technologies that would gram, including creating additional jobs; and Standard is currently drafted, only qualify for the expanded Renewable (B) take into account— electricity-producing renewable tech- Electricity Standard under our legisla- (i) the economic characteristics of the nologies would qualify. This would ex- tion. This is clearly a win-win-win situ- HUBZone; and clude direct use renewable energy tech- ation for jobs, the facilities that install (ii) contracts being counted under multiple nologies that displace the need for socioeconomic subcategories. the technologies and save on energy electricity, rather than produce elec- costs, and for the environment. SEC. 5. EMPLOYMENT PERCENTAGE. tricity. Direct use renewable energy tech- Section 3(p) of the Small Business Act (15 Our legislation would modify the def- nology is cost-effective, can be de- U.S.C. 632(p)) is amended— inition of renewable energy as it ap- ployed locally, requires no new trans- (1) in paragraph (5), by adding at the end plies to the draft Renewable Elec- mission infrastructure, and can be uti- the following: tricity Standard to include customer- lized in areas throughout the country ‘‘(E) EMPLOYMENT PERCENTAGE DURING IN- sited renewable energy equipment. that cannot sustain a commercial-scale TERIM PERIOD.— Specific examples of these direct use power generation facility from other ‘‘(i) DEFINITION.—In this subparagraph, the technologies are solar water heating, term ‘interim period’ means the period be- renewable energy sources. Further- ginning on the date on which the Adminis- solar space heating and cooling, solar more, it will create much needed trator determines that a HUBZone small daylight and light-pipe technology, American jobs in both manufacturing business concern is qualified under subpara- biogas, and ground source geothermal and construction. I encourage my col- graph (A) and ending on the day before the heat pumps. These technologies can be leagues to support the Support Renew- date on which a contract under the HUBZone used in homes and businesses to pro- able Energy Act of 2010. program for which the HUBZone small busi- vide light, heating, and cooling di- ness concern submits a bid is awarded. rectly—without the need for electricity By Mr. MCCAIN (for himself, Mr. ‘‘(ii) INTERIM PERIOD.—During the interim from the grid. This legislation will LIEBERMAN, Mr. KYL, Mr. DUR- period, the Administrator may not determine that the HUBZone small business is not allow utilities to generate renewable BIN, Mr. BAYH, Mr. GRAHAM, qualified under subparagraph (A) based on a energy credits equal to the electricity Mrs. GILLIBRAND, Mr. THUNE, failure to meet the applicable employment or thermal energy displaced by direct Mr. CASEY, Mr. CORNYN, Ms. percentage under subparagraph (A)(i)(I), un- use renewable energy technologies in COLLINS, Mr. KAUFMAN, Mr. less the HUBZone small business concern— order to meet a Renewable Electricity VITTER, Mr. BROWNBACK, and ‘‘(I) has not attempted to maintain the ap- Standard. Mr. LEVIN): plicable employment percentage under sub- In addition to the reduced stress on S. 3022. A bill to impose sanctions on paragraph (A)(i)(I); or our overburdened electricity trans- persons who are complicit in human ‘‘(II) does not meet the applicable employ- mission grid, the incentivized produc- rights abuses committed against citi- ment percentage— ‘‘(aa) on the date on which the HUBZone tion and installation of these renew- zens of Iran or their family members small business concern submits a bid for a able technologies would spur the after the June 12, 2009, elections in contract under the HUBZone program; or growth of green, sustainable jobs. One Iran, and for other purposes; to the ‘‘(bb) on the date on which the HUBZone example of the potential for job cre- Committee on Banking, Housing, and small business concern is awarded a contract ation was provided to me by Orion En- Urban Affairs. under the HUBZone program.’’; and ergy Systems in my home State of Wis- Mr. MCCAIN. Mr. President, Feb- (2) by adding at the end the following: consin. Orion manufactures light-pipes, ruary 11, 2010, was the 31st anniversary ‘‘(8) HUBZONE PROGRAM.—The term which captures natural light on a roof of the Islamic Republic of Iran. For ‘HUBZone program’ means the program established under section 31. and transfers that light through a pipe most Iranians, the Islamic Republic is ‘‘(9) HUBZONE MAP.—The term ‘HUBZone to a ceiling, where it is diffused to the only government they have ever map’ means the map used by the Administra- light a room, like a traditional light known, and unfortunately, it is a tion to identify HUBZones.’’. bulb. Because light pipes uses solar en- record that many would rather forget—

VerDate Nov 24 2008 01:01 Feb 24, 2010 Jkt 089060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\A23FE6.026 S23FEPT1 jbell on DSKDVH8Z91PROD with SENATE S704 CONGRESSIONAL RECORD — SENATE February 23, 2010 31 years of economic potential lost and agreements. In that vein, I was pleased been met defiantly, again and again, the resources of a great and proud na- to see the White House recently an- with the clenched fist of Iran’s rulers— tion stolen by a corrupt ruling elite; 31 nounce a new set of sanctions against a fist that is increasingly stained with years of a regime that puts its own four Iranian entities and one individual the blood of the Iranian people. It selfish interests and those of foreign active in Iran’s nuclear program. I should now be clear that the Iranian terrorist groups ahead of the needs of hope there is a lot more where that regime has no desire to meet its inter- the Iranian people; 31 years of justice came from. national responsibilities and every de- denied, freedom curtailed, and dignity I do not wish, however, to confine our sire to use all the tools of violence and trampled. sanctions effort only to those persons repression at its disposal to crush the In recent months, the world has in Iran who threaten our security and peaceful aspirations of Iran’s citizens. watched in awe as hundreds of thou- that of our allies, either through their Faced with this disturbing reality, sands of Iranians have said ‘‘enough,’’ support for terrorism or Iran’s weapons America must lead an international ef- and demanded better for themselves. programs. I also want to bring the full fort to support the human rights of the They have taken to the streets and the force of America’s economic power to Iranian people, and to put that effort Internet, risking the violent reprisal of bear against those in Iran who threat- at the center of our policy toward Iran. a regime without conscience, in order en that country’s peaceful human We must encourage our international to insist on their universal human rights and democracy activists. That is partners, especially our European al- rights. In television news clips and why, just a few weeks ago, I sought to lies, to do the same, and to impose YouTube videos, in Twitter updates introduce an amendment to the Com- their own targeted sanctions on Iran’s and countless online exchanges, the prehensive Iran Sanctions, Account- human rights abusers. This is not world has seen the naked oppression of ability, and Divestment Act, which about picking winners in an internal the Iranian regime and its masked would impose targeted sanctions on Iranian matter. It is about standing up agents. persons in Iran who violate the human for the universal values we hold dear, We have watched as peaceful Iranian rights of their fellow citizens. and championing the cause of all who demonstrators for human rights have Building on that earlier effort, today seek to secure those values for them- been beaten, and shot—even mur- I am introducing, together with my selves. dered—in the streets of cities across good friend and colleague Senator JOE The Iran Human Rights Sanctions Iran. LIEBERMAN, the Iran Human Rights Act is an important start of this effort, We have watched as Iranian men and Sanctions Act, which is co-sponsored and I encourage my colleagues in Con- women—many not more than young by a broad bipartisan group of U.S. gress to move quickly and pass it into boys and girls—have been rounded up Senators. law. in their homes and dormitories, and This bill has two parts. hauled away unlawfully to face torture First, it would require the President By Ms. SNOWE (for herself and and other abuses in the darkest corners to compile a public list of individuals Mr. PRYOR): of the country, where the eyes of the in Iran who, starting with the presi- S. 3024. A bill to ensure that the cre- international community struggle to dential election last June, are ation of jobs by small businesses is see. complicit in human rights violations considered during the Federal legisla- Just a few months ago, we watched against Iranian citizens and their fami- tive and rulemaking process, and for as a young woman named Neda was lies, no matter where in the world other purposes; to the Committee on shot in broad daylight by agents of the those abuses occur. I want to stress: Homeland Security and Governmental Iranian government. And as that young This would be a public list, posted for Affairs. woman bled to death in the street, it all the world to see on the websites of Ms. SNOWE. Mr. President, I rise became clear to me and many others the State and Treasury Departments. today, with my colleague Senator that this was the beginning of the end We will shine a light on the names of PRYOR, to introduce the Job Impact of the Islamic Republic. After 31 years, Iran’s human rights abusers, and we Analysis Act of 2010, a bipartisan meas- that day cannot come soon enough, but will make them famous for their ure that will help ensure that the Fed- how and when it does is up to the Ira- crimes. eral Government—both Congress and nian people. Second, this bill would then ban agencies of the executive branch—fully This struggle continues in Iran. On these Iranian individuals from receiv- considers small business job creation in February 11, many Iranians took to the ing U.S. visas, and impose on them the the bills we pass here in Congress and streets again to demonstrate peace- full battery of sanctions under the in the rules and regulations that agen- fully for freedom and justice. Again, International Emergency Economic cies promulgate. many were beaten. Again, many were Powers Act. That means, freezing any As the former Chair and now Rank- detained unlawfully. Again, many were assets and blocking any property they ing member of the Senate Committee no doubt tortured—and worse. The hold under U.S. jurisdiction, and end- on Small Business and Entrepreneur- world has watched these abuses long ing all their financial transactions ship, I believe there is no more urgent enough. Now the world must act. It is with U.S. banks and other entities. If imperative than job creation in our long past time for democratic, law- passed into law, this would be the first country. With 25,000 additional unem- abiding nations to stand up together, time the U.S. Government has ever im- ployed in my State of Maine alone, to speak with one voice, and to show posed punitive measures against per- since the recession began in 2007, and these courageous Iranian human rights sons in Iran because of their human twenty-three million Americans unem- advocates that the free world is on rights violations. ployed or underemployed, it is more their side. The recent statement be- In short, under this bill, Iranian paramount than ever that everything tween the U.S. and the European Union human rights abusers would be com- we do must focus like a laser on supporting human rights in Iran is a pletely cut off from the global reach of jumpstarting our economy. Further- welcome development, and I hope to the U.S. financial system, and that more, the fastest route to recovery see more and more such joint actions. would send a powerful signal to every runs through Main Street small busi- It is also long past time for the U.N. country, company, and bank in the nesses, which over the past 15 years Security Council to impose the crip- world that they should think twice have generated 64 percent of all net pling sanctions on the Iranian govern- about doing business with the oppres- new jobs in this country, and so we ment that have been promised for so sors of the Iranian people. must foster an entrepreneurial envi- long. As that negotiation drags on, in- Over the past year, the President has ronment where small businesses can dividual countries should not refrain made every effort to extend a hand to take risks and invest in the future to from taking their own individual ac- the Iranian government—to seek to preserve and create more jobs. tions to impose pressure on the rulers overcome 31 years of painful history, The legislation we are introducing of Iran for failing to abide by their own and to search for common ground on today would help make sure that in international agreements, both secu- matters of common interest. Unfortu- whatever measure we are debating— rity agreements and human rights nately, the President’s generosity has whether it be health care reform, a jobs

VerDate Nov 24 2008 01:30 Feb 24, 2010 Jkt 089060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G23FE6.017 S23FEPT1 jbell on DSKDVH8Z91PROD with SENATE February 23, 2010 CONGRESSIONAL RECORD — SENATE S705 bill, or financial services overhaul— tional Federation of Independent Busi- which has historically not received the that we strive to discern whether it ness, the National Small Business As- public attention it deserves. In case contributes to creating a climate in sociation, the National Association for after case, it has been the last, best which our smallest enterprises and en- the Self-Employed, Women Impacting hope for small businesses faced with trepreneurs cannot only survive, but Public Policy, the National Black burdensome, duplicative and nonsen- thrive. It would amend the Congres- Chamber of Commerce, Small Business sical Federal regulations. Our legisla- sional Budget and Impoundment Con- Legislative Council, and the U.S. His- tion would also amend the RFA to in- trol Act of 1974 to direct the Congres- panic Chamber of Commerce. clude a provision for agencies to spe- sional Budget Office, CBO, to the ex- Our measure would amend the Regu- cifically respond to comments filed by tent practicable, to estimate in a ‘‘job latory Flexibility Act, RFA, the sem- the Chief Counsel for Advocacy. Codi- impact statement’’ the potential job inal legislation, enacted in 1980, which fying this necessary change would en- creation or job loss attributable to requires agencies to consider the im- sure that agencies give the proper def- each bill or joint resolution reported pact of their regulatory proposals on erence to the Office of Advocacy, and by a congressional committee that ex- small businesses, to analyze effective to the comments and concerns of small ceeds $5 billion in costs. For years we alternatives that minimize small busi- businesses. This is a straightforward have had environmental impact state- ness impact, and to make their anal- and simple reform that could have ments, and so in 2010, I do not think it yses available for public comment. The major benefits. is too much to ask, where are the job RFA requires federal agencies to con- In addition, our measure would also impact statements? duct a small business analysis any clarify the circumstances for when As our Nation continues to reel from time a proposed Federal rule would im- ‘‘periodic review’’ under the RFA is re- the worst set of economic cir- pose a ‘‘significant impact on a sub- quired. Many questions have arisen as cumstances since World War II, Con- stantial number of small businesses.’’ a result of ambiguous language in the gress must focus on job creation, and Unfortunately, there remain a number RFA that has caused some confusion as we must begin by ensuring all eco- of loopholes in the RFA that under- to what rules require periodic review, nomic factors—including potential mine its effectiveness in reducing these and when. Under our bill, periodic re- small business job creation and job regulatory burdens. view, with a focus on potential job cre- loss—are fully considered in debate of Our legislation would close loopholes ation or job loss, would be required for every bill that we consider in the Sen- in this process, while also ensuring all final rules that would impose a sig- ate. It is clear that Washington has ig- that Federal agencies consider poten- nificant impact on a substantial num- nored the will of the people for far too tial job creation and job loss during the ber of small businesses. Agencies would long. At a time when the Nation is rulemaking process. In far too many be required to review all 10-year-old struggling to dig out of the deepest re- cases, Federal agencies promulgate rules every year to avoid confusion cession since the Great Depression, we rules and regulations without ade- over which rules to review. In addition, must ensure that our country once quately addressing the economic im- agencies would be required to review again brings to bear the kind of inge- pact on small businesses. Under our rules every 10 years and not just the nuity, creativity, and innovation that legislation agencies must consider the first 10 years. made America and our free-market ‘‘indirect’’ effects of an ‘‘economic im- Finally, our bill would ensure the economy the greatest and most power- pact.’’ Rules with indirect effects are statutory and budgetary independence ful on earth. I believe that a job impact currently exempt from RFA coverage of the SBA Office of Advocacy, a key statement attached to every bill with according to well-established case law. office that is intended to be the inde- costs over $5 billion would provide a This has serious consequences for small pendent voice for small business within powerful incentive for Congress to businesses. It means that Federal agen- the Federal Government. It is charged focus its efforts where they belong and cies can avoid the various analyses re- with the duty of representing the views help Congress focus on what matters to quired under the RFA by either requir- and interests of small businesses before the American people these days—job ing the states to regulate small enti- other Federal agencies, and developing creation. ties or regulating an industry so rigor- proposals for changing government In addition, onerous regulations are ously that it has a negative trickle policies to help small businesses. These crushing the entrepreneurial spirit of down impact on other industries. For roles can sometimes come into con- America’s small businesses. In 2009, example, rules can regulate a handful flict. there were close to 70,000 pages in the of large manufacturers in the same in- Our bill would resolve such conflicts Federal Register, which chronicles new dustry. Yet, a foreseeable, indirect ef- in favor of the small businesses that regulations by the government. Fur- fect of these rules—not presently con- rely on the Chief Counsel and the Of- thermore, according to research by the sidered under RFA analyses—is that fice of Advocacy to be a fully inde- Small Business Administration’s, small distributors would no longer pendent advocate within the Executive SBA’s, Office of Advocacy, the annual have the right to sell the product pro- Branch. The bill would help to rein- cost of Federal regulations totals $1.1 duced by the larger manufacturers. force a clear mandate that the Office of trillion, and small firms bear a dis- The RFA has already saved billions Advocacy must fight on behalf of small proportionate burden, paying approxi- of dollars for small businesses by forc- businesses, regardless of the position mately 45 percent more per employee ing government regulators to be sen- taken on critical issues by the adminis- in annual regulatory compliance costs sitive to their direct impact on small tration. Funding for the Office of Advo- than larger firms. Small firms also firms. If billions of dollars can be fil- cacy currently comes from the ‘‘Sala- spend twice as much on tax compliance tered out of direct regulatory man- ries and Expense Account’’ of the than their larger counterparts. dates upon small business while im- SBA’s budget. Staffing is allocated by So our legislation includes several proving workplace safety and environ- the SBA Administrator to the Office of targeted regulatory reforms that would mental conditions, even more can be Advocacy from the overall staff alloca- help to ensure that Federal agencies saved by filtering out unnecessary or tion for the Agency. In 1990, there were fully consider small business implica- duplicative costs to those small busi- 70 full-time employees working on be- tions during the rulemaking process. nesses indirectly impacted by regula- half of small businesses in the Office of The reforms in our bill are based on tion. Those dollars would be better Advocacy. Today, there are fewer than what we introduced in the Regulatory spent by the businesses hiring more 50. The independence and effectiveness Flexibility Reform Act in the 109th employees or providing existing em- of the Office is potentially diminished Congress and the Independent Office of ployees with greater benefits, and when the Office of Advocacy staff is re- Advocacy and Small Business Regu- would also help to prevent unintended duced, at the discretion of the adminis- latory Reform Act of 2008, from the job loss through regulatory require- trator. 110th Congress. Most of these reforms ments. To address this problem, our legisla- have been supported by a host of small Our legislation also requires Federal tion would build a firewall to minimize business stakeholders, including the agencies to consider comments pro- political intrusion into the manage- U.S. Chamber of Commerce, the Na- vided by the SBA’s Office of Advocacy, ment of day-to-day operations of the

VerDate Nov 24 2008 01:01 Feb 24, 2010 Jkt 089060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G23FE6.032 S23FEPT1 jbell on DSKDVH8Z91PROD with SENATE S706 CONGRESSIONAL RECORD — SENATE February 23, 2010 Office of Advocacy similar to the one the differences in the scale and resources of ‘‘(B) any indirect economic effect on small that protects Inspectors General in regulated entities, but in many instances entities, including potential job creation or other agencies. The bill would require have failed to do so. job loss, that is reasonably foreseeable and (5) In 2009, there were nearly 70,000 pages in that results from the rule, without regard to the Federal budget to include a sepa- the Federal Register, and, according to re- whether small entities are directly regulated rate account for the Office of Advocacy search by the Office of Advocacy of the by the rule.’’. drawn directly from the General Fund Small Business Administration, the annual SEC. 5. REQUIREMENTS PROVIDING FOR MORE of the Treasury. No longer would its cost of Federal regulations totals DETAILED ANALYSES. funds come from the general operating $1,100,000,000,000. Small firms bear a dis- (a) INITIAL REGULATORY FLEXIBILITY ANAL- account of the SBA. This will free the proportionate burden, paying approximately YSIS.—Section 603 of title 5, United States Chief Counsel for Advocacy from hav- 45 percent, or $7,647, more per employee than Code, is amended— (1) by striking subsection (b) and inserting ing to seek approval from the SBA Ad- larger firms in annual regulatory compliance costs. the following: ministrator to hire staff for the Office (6) The Federal Government should fully ‘‘(b) Each initial regulatory flexibility of Advocacy. consider the costs, including indirect eco- analysis required under this section shall Our bill would leave unchanged cur- nomic impacts and the potential for job cre- contain a detailed statement— rent law that allows the Chief Counsel ation and job loss, of proposed rules. ‘‘(1) describing the reasons why action by to hire individuals critical to the mis- (7) It is the intention of Congress to amend the agency is being considered; sion of the Office of Advocacy without chapter 6 of title 5, United States Code, to ‘‘(2) describing the objectives of, and legal basis for, the proposed rule; going through the normal competitive ensure that all impacts, including foreseeable indirect effects, of proposed and final ‘‘(3) estimating the number and type of procedures directed by Federal law and rules are considered by agencies during the small entities to which the proposed rule the Office of Personnel Management. rulemaking process and that the agencies as- will apply; This long-standing special hiring au- sess a full range of alternatives that will ‘‘(4) describing the projected reporting, thority, which is limited only to em- limit adverse economic consequences, en- recordkeeping, and other compliance re- ployees within the Office of Advocacy, hance economic benefits, and fully address quirements of the proposed rule, including is beneficial because it allows the Chief potential job creation or job loss. an estimate of the classes of small entities Counsel to hire quickly those persons (8) To the maximum extent practicable, which will be subject to the requirement and the Director of the Congressional Budget Of- the type of professional skills necessary for who can best assist the Office in re- fice should, in certain estimates the Director preparation of the report and record; sponding to changing issues and prob- prepares with respect to bills or joint resolu- ‘‘(5) describing all relevant Federal rules lems confronting small businesses. tions reported by congressional committees, which may duplicate, overlap, or conflict This non-controversial, bipartisan estimate the potential job creation or job with the proposed rule, or the reasons why legislation is absolutely necessary. I loss attributable to the bills or joint resolu- such a description could not be provided; and urge my colleagues to support my bill tions. ‘‘(6) estimating the additional cumulative so we can ensure that our Nation’s SEC. 3. JOB IMPACT STATEMENT FOR REPORTED economic impact of the proposed rule on small businesses and their employees BILLS AND JOINT RESOLUTIONS. small entities, including job creation and Section 424 of the Congressional Budget employment by small entities, beyond that are provided with much needed relief. and Impoundment Control Act of 1974 (2 already imposed on the class of small enti- Mr. President, I ask unanimous con- U.S.C. 658c) is amended— ties by the agency, or the reasons why such sent that the text of the bill be printed (1) in subsection (a)(2)— an estimate is not available.’’; and in the RECORD. (A) in subparagraph (B), by striking ‘‘and’’ (2) by adding at the end the following: There being no objection, the text of at the end; ‘‘(d) An agency shall notify the Chief Coun- the bill was ordered to be printed in (B) in subparagraph (C), by striking the pe- sel for Advocacy of the Small Business Ad- the RECORD, as follows: riod at the end and inserting ‘‘; and’’; and ministration of any draft rules that may (C) by adding at the end the following: have a significant economic impact on a sub- S. 3024 ‘‘(D) if the Director estimates that the stantial number of small entities either— Be it enacted by the Senate and House of Rep- total amount of direct costs of all Federal ‘‘(1) when the agency submits a draft rule resentatives of the United States of America in intergovernmental mandates in the bill or to the Office of Information and Regulatory Congress assembled, joint resolution will equal or exceed Affairs at the Office of Management and SECTION 1. SHORT TITLE; TABLE OF CONTENTS. $5,000,000,000 (adjusted annually for infla- Budget under Executive Order 12866, if that (a) SHORT TITLE.—This Act may be cited as tion), to the extent practicable, the potential order requires such submission; or the ‘‘Job Impact Analysis Act of 2010’’. job creation or job loss in State, local, and ‘‘(2) if no submission to the Office of Infor- (b) TABLE OF CONTENTS.—The table of con- tribal governments as a result of the man- mation and Regulatory Affairs is so re- tents of this Act is as follows: dates.’’; and quired, at a reasonable time prior to publica- Sec. 1. Short title; table of contents. (2) in subsection (b)(2)— tion of the rule by the agency.’’. Sec. 2. Findings. (A) in subparagraph (A), by striking ‘‘and’’ (b) FINAL REGULATORY FLEXIBILITY ANAL- Sec. 3. Job impact statement for reported at the end; YSIS.— bills and joint resolutions. (B) in subparagraph (B), by striking the pe- (1) IN GENERAL.—Section 604(a) of title 5, Sec. 4. Clarification and expansion of rules riod at the end and inserting ‘‘; and’’; and United States Code, is amended— covered by the Regulatory (C) by adding at the end the following: (A) by inserting ‘‘detailed’’ before ‘‘de- Flexibility Act. ‘‘(C) if the Director estimates that the scription’’ each place it appears; Sec. 5. Requirements providing for more de- total amount of direct costs of all Federal (B) in paragraph (1), by striking ‘‘suc- tailed analyses. private sector mandates in the bill or joint cinct’’; Sec. 6. Periodic review of rules. resolution will equal or exceed $5,000,000,000 (C) in paragraph (2)— Sec. 7. Office of Advocacy. (adjusted annually for inflation), to the ex- (i) by striking ‘‘summary’’ each place it Sec. 8. Clerical amendments. tent practicable, the potential job creation appears and inserting ‘‘statement’’; and SEC. 2. FINDINGS. or job loss in the private sector as a result of (ii) by inserting ‘‘(or certification of the Congress finds the following: the mandates.’’. proposed rule under section 605(b))’’ after (1) A vibrant and growing small business SEC. 4. CLARIFICATION AND EXPANSION OF ‘‘initial regulatory flexibility analysis’’; sector is critical to the recovery of the econ- RULES COVERED BY THE REGU- (D) in paragraph (3), by striking ‘‘an expla- omy of the United States. LATORY FLEXIBILITY ACT. nation’’ and inserting ‘‘a detailed expla- (2) Regulations designed for application to Section 601 of title 5, United States Code, nation’’; large-scale entities have been applied uni- is amended— (E) by redesignating paragraphs (3), (4), formly to small businesses and other small (1) in paragraph (6), by striking ‘‘and’’ at and (5) as paragraphs (4), (5), and (6), respec- entities, sometimes inhibiting the ability of the end; tively; and small entities to create new jobs. (2) in paragraph (7)(B), by striking the pe- (F) by inserting after paragraph (2) the fol- (3) Uniform Federal regulatory and report- riod at the end and inserting a semicolon; lowing: ing requirements in many instances have im- (3) in paragraph (8)— ‘‘(3) the response of the agency to any composed on small businesses and other small (A) by striking ‘‘RECORDKEEPING REQUIRE- ments filed by the Chief Counsel for Advo- entities unnecessary and disproportionately MENT.—The’’ and inserting ‘‘the’’; and cacy of the Small Business Administration burdensome demands, including legal, ac- (B) by striking the period at the end and in response to the proposed rule, and a de- counting, and consulting costs, thereby inserting ‘‘; and’’; and tailed statement of any change made to the threatening the viability of small entities (4) by adding at the end the following: proposed rule in the final rule as a result of and the ability of small entities to compete ‘‘(9) the term ‘economic impact’ means, the comments;’’. and create new jobs in a global marketplace. with respect to a proposed or final rule— (2) PUBLICATION OF ANALYSIS ON WEB SITE, (4) Since 1980, Federal agencies have been ‘‘(A) any direct economic effect of the rule ETC.—Section 604(b) of title 5, United States required to recognize and take account of on small entities; and Code, is amended to read as follows:

VerDate Nov 24 2008 01:01 Feb 24, 2010 Jkt 089060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G23FE6.032 S23FEPT1 jbell on DSKDVH8Z91PROD with SENATE February 23, 2010 CONGRESSIONAL RECORD — SENATE S707 ‘‘(b) The agency shall— determines that completion of the review of (3) by adding at the end the following: ‘‘(1) make copies of the final regulatory existing rules is not feasible by the estab- ‘‘(6) carry out the responsibilities of the flexibility analysis available to the public, lished date, the head of the agency shall so Office of Advocacy under chapter 6 of title 5, including by publishing the entire final regu- certify in a statement published in the Fed- United States Code.’’. latory flexibility analysis on the Web site of eral Register and may extend the review for (b) BUDGETARY LINE ITEM AND AUTHORIZA- the agency; and not longer than 2 years after publication of TION OF APPROPRIATIONS.—Title II of Public ‘‘(2) publish in the Federal Register the notice of extension in the Federal Register. Law 94–305 (15 U.S.C. 634a et seq.) is amended final regulatory flexibility analysis, or a Such certification and notice shall be sent to by striking section 207 and inserting the fol- summary of the analysis that includes the the Chief Counsel for Advocacy and Con- lowing: telephone number, mailing address, and ad- gress. ‘‘SEC. 207. BUDGETARY LINE ITEM AND AUTHOR- dress of the Web site where the complete ‘‘(c) Each agency shall annually submit a IZATION OF APPROPRIATIONS. final regulatory flexibility analysis may be report regarding the results of its review ‘‘(a) APPROPRIATION REQUESTS.—Each obtained.’’. pursuant to such plan to Congress and, in the budget of the United States Government sub- (c) CROSS-REFERENCES TO OTHER ANAL- case of agencies other than independent reg- mitted by the President under section 1105 of YSES.—Section 605(a) of title 5, United States ulatory agencies (as defined in section 3502(5) title 31, United States Code, shall include a Code, is amended to read as follows: of title 44, United States Code), to the Ad- separate statement of the amount of appro- ‘‘(a) A Federal agency shall be deemed to ministrator of the Office of Information and priations requested for the Office of Advo- have satisfied a requirement regarding the Regulatory Affairs of the Office of Manage- cacy of the Small Business Administration, content of a regulatory flexibility agenda or ment and Budget. Such report shall include which shall be designated in a separate ac- regulatory flexibility analysis under section the identification of any rule with respect to count in the General Fund of the Treasury. 602, 603, or 604, if the Federal agency provides which the head of the agency made a deter- ‘‘(b) ADMINISTRATIVE OPERATIONS.—The Ad- in the agenda or regulatory flexibility anal- mination of infeasibility under paragraph (5) ministrator of the Small Business Adminis- ysis a cross-reference to the specific portion or (6) of subsection (d) and a detailed expla- tration shall provide the Office of Advocacy of an agenda or analysis that is required by nation of the reasons for such determination. with appropriate and adequate office space ‘‘(d) In reviewing rules under such plan, another law and that satisfies the require- at central and field office locations, together the agency shall consider— ment.’’. with such equipment, operating budget, and ‘‘(1) the continued need for the rule; (d) CERTIFICATIONS.—The second sentence communications facilities and services as ‘‘(2) the nature of complaints received by of section 605(b) of title 5, United States may be necessary, and shall provide nec- the agency from small entities concerning Code, is amended by striking ‘‘statement essary maintenance services for such offices the rule; providing the factual’’ and inserting ‘‘de- and the equipment and facilities located in ‘‘(3) comments by the Regulatory Enforce- tailed statement providing the factual and such offices. ment Ombudsman and the Chief Counsel for legal’’. ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— Advocacy; (e) QUANTIFICATION REQUIREMENTS.—Sec- There are authorized to be appropriated such ‘‘(4) the complexity of the rule; tion 607 of title 5, United States Code, is sums as are necessary to carry out this title. ‘‘(5) the extent to which the rule overlaps, amended to read as follows: Any amount appropriated under this sub- duplicates, or conflicts with other Federal section shall remain available, without fiscal ‘‘§ 607. Quantification requirements rules and, unless the head of the agency de- year limitation, until expended.’’. ‘‘In complying with sections 603 and 604, an termines it to be infeasible, State and local agency shall provide— rules; SEC. 8. CLERICAL AMENDMENTS. ‘‘(1) a quantifiable or numerical descrip- ‘‘(6) the contribution of the rule to the cu- (a) HEADING.—The heading of section 605 of tion of the effects of the proposed or final mulative economic impact of all Federal title 5, United States Code, is amended to rule, including an estimate of the potential rules on the class of small entities affected read as follows: for job creation or job loss, and alternatives by the rule, unless the head of the agency de- ‘‘§ 605. Incorporations by reference and cer- to the proposed or final rule; or termines that such calculations cannot be tifications’’. ‘‘(2) a more general descriptive statement made and reports that determination in the (b) TABLE OF SECTIONS.—The table of sec- and a detailed statement explaining why annual report required under subsection (c); tions for chapter 6 of title 5, United States quantification is not practicable or reli- ‘‘(7) the length of time since the rule has Code, is amended— able.’’. been evaluated, or the degree to which tech- (1) by striking the item relating to section SEC. 6. PERIODIC REVIEW OF RULES. nology, economic conditions, or other fac- 605 and inserting the following: Section 610 of title 5, United States Code, tors have changed in the area affected by the ‘‘605. Incorporations by reference and certifi- is amended to read as follows: rule; and cations.’’; and ‘‘(8) the current impact of the rule, includ- ‘‘§ 610. Periodic review of rules (2) by striking the item relating to section ing— 607 and inserting the following: ‘‘(a) Not later than 180 days after the en- ‘‘(A) the estimated number of small enti- ‘‘607. Quantification requirements.’’. actment of the Job Impact Analysis Act of ties to which the rule will apply; 2010, each agency shall publish in the Federal ‘‘(B) the estimated number of small busi- By Mr. MERKLEY: Register and place on its Web site a plan for ness jobs that will be lost or created by the the periodic review of rules issued by the rule; and S. 3025. A bill to amend the Federal agency that the head of the agency deter- ‘‘(C) the projected reporting, recordkeeping Water Pollution Control Act to provide mines has a significant economic impact on and other compliance requirements of the assistance for programs and activities a substantial number of small entities. Such proposed rule, including— to protect and restore the water qual- determination shall be made without regard ‘‘(i) an estimate of the classes of small en- ity of the Columbia River Basin, and to whether the agency performed an analysis tities that will be subject to the require- for other purposes; to the Committee under section 604. The purpose of the review ment; and on Environment and Public Works. shall be to determine whether such rules ‘‘(ii) the type of professional skills nec- should be continued without change, or Mr. MERKLEY. Mr. President, I ask essary for preparation of the report or unanimous consent that the text of the should be amended or rescinded, consistent record. with the stated objectives of applicable stat- ‘‘(e) The agency shall publish in the Fed- bill be printed in the RECORD. utes, to minimize any significant adverse eral Register and on the Web site of the There being no objection, the text of economic impacts on a substantial number agency a list of rules to be reviewed pursu- the bill was ordered to be printed in of small entities (including an estimate of ant to such plan. Such publication shall in- the RECORD, as follows: any adverse impacts on job creation and em- clude a brief description of the rule, the rea- S. 3025 ployment by small entities). Such plan may son why the agency determined that it has a be amended by the agency at any time by significant economic impact on a substantial Be it enacted by the Senate and House of Rep- publishing the revision in the Federal Reg- number of small entities (without regard to resentatives of the United States of America in ister and subsequently placing the amended whether the agency had prepared a final reg- Congress assembled, plan on the Web site of the agency. ulatory flexibility analysis for the rule), and SECTION 1. SHORT TITLE. ‘‘(b) The plan shall provide for the review request comments from the public, the Chief This Act may be cited as the ‘‘Columbia of all such agency rules existing on the date Counsel for Advocacy, and the Regulatory River Restoration Act of 2010’’. of the enactment of the Job Impact Analysis Enforcement Ombudsman concerning the en- SEC. 2. FINDINGS. Act of 2010 within 10 years after the date of forcement of the rule.’’. Congress finds the following: publication of the plan in the Federal Reg- SEC. 7. OFFICE OF ADVOCACY. (1) The Columbia River is the largest river ister and every 10 years thereafter and for re- (a) IN GENERAL.—Section 203 of Public Law in the Pacific Northwest and the fourth larg- view of rules adopted after the date of enact- 94–305 (15 U.S.C. 634c) is amended— est river in the United States by volume. ment of the Job Impact Analysis Act of 2010 (1) in paragraph (4), by striking ‘‘and’’ at The river is 1,243 miles long, and its drainage within 10 years after the publication of the the end; basin includes 259,000 square miles, extending final rule in the Federal Register and every (2) in paragraph (5), by striking the period into 7 States and British Columbia, Canada, 10 years thereafter. If the head of the agency and inserting ‘‘; and’’; and and including all or part of 5 national parks,

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the Columbia River Gorge National Scenic part of its management and governing struc- ‘‘(6) TEAM LEADER.—The term ‘Team Lead- Area, and the Hells Canyon National Recre- ture, including the EPA, the United States er’ means the Team Leader appointed under ation Area. Geological Survey (USGS), the National Oce- subsection (b). (2) The Columbia River Basin and its tribu- anic and Atmospheric Administration ‘‘(b) PROGRAM TEAM.— taries provide significant ecological and eco- (NOAA), the Army Corps of Engineers, the ‘‘(1) ESTABLISHMENT.—The Administrator nomic benefits to the Pacific Northwest and Forest Service, and tribal, State, and local shall establish in the Environmental Protec- the entire United States. Traditionally, the governments. tion Agency a Columbia River Program Columbia River Basin and its tributaries (7) The Columbia River Basin was des- Team. The Team shall be located within the were the largest salmon producing river sys- ignated by the EPA as an ‘‘Estuary of Na- Oregon Operations Office for Region 10 of the tem in the world, with annual returns peak- tional Significance’’ in 1995 and a ‘‘Large Environmental Protection Agency. ing at as many as 30 million fish. The Colum- Aquatic Ecosystem’’ in 2006. ‘‘(2) APPOINTMENT OF TEAM LEADER.—The bia River drainage basin includes more than (8) The Estuary Partnership has developed Administrator shall appoint a Team Leader, 6 million acres of irrigated agricultural land, an unparalleled 2-State, public and private who, by reason of management experience and its 14 hydroelectric dams, combined with partnership, including unprecedented col- and technical expertise relating to the Co- additional dams on its tributaries, produce laborative efforts among key Federal part- lumbia River Basin, shall be highly qualified more hydroelectric power than any other ners, including the EPA, the NOAA, the to support the development and implementa- North American river. USGS, and the Army Corps of Engineers to tion of projects, programs, and studies nec- (3) The Lower Columbia River Estuary advance Federal goals, and the Estuary Part- essary to implement the Action Plan. stretches 146 miles from the Bonneville Dam nership and its partners have gathered sci- ‘‘(3) DELEGATION OF AUTHORITY; STAFFING.— to the mouth of the Pacific Ocean, and much entific information and compiled data, and The Administrator shall delegate to the of this area is degraded. Polychlorinated have made significant gains in habitat pro- Team Leader such authority and provide biphenyls (PCBs) in salmon tissue and tection and environmental education. such additional staff as may be necessary to polycyclic aromatic hydrocarbons (PAHs) in (9) Despite these advances, further deg- carry out this section. ‘‘(c) DUTIES.— salmon prey exceed estimated thresholds for radation exists and contaminants persist in ‘‘(1) IN GENERAL.—In carrying out this sec- delayed mortality, increased disease suscep- the Columbia River Basin and are impairing tion, the Administrator, acting through the tibility, and reduced growth. Legacy con- the health of fish, wildlife, and humans. De- Team Leader, shall— taminants (DDT and PCBs) banned in the graded conditions in the river exacerbate the ‘‘(A) assist and support the implementa- 1970s are still detected in river water, sedi- challenges already faced by the 13 species of tion of the Action Plan and the Comprehen- ments, and juvenile Chinook salmon. Several salmon and steelhead in the Columbia River sive Plan; pesticides have been detected, including Basin listed as threatened or endangered ‘‘(B) coordinate the implementation of the atrazine and simazine, which can affect under the Endangered Species Act of 1973. salmon behavior or act as hormone Action Plan and the Comprehensive Plan, (10) The ‘‘Estuary Partnership Comprehen- and the development of any updates to those disruptors. Emerging contaminants, such as sive Conservation and Management Plan’’ hormone disruptors from pharmaceutical plans, with programs and projects in the (1999), the ‘‘Northwest Power and Conserva- Middle and Upper Columbia River Basin; and personal care products, have been found tion Council Lower Columbia Province in river water and juvenile male salmon. ‘‘(C) make such other updates to the Ac- Plan’’ (2004, amended 2008), the draft ‘‘NOAA These contaminants may impair salmon tion Plan and the Comprehensive Plan as the Columbia River Estuary Recovery Module growth, health, and reproduction. Administrator, in consultation with appro- for Salmon and Steelhead’’ (2010), the States (4) The Middle and Upper Columbia River priate Federal agencies, the States of Or- of Oregon, Idaho, and Washington Recovery Basin includes 1,050 miles of the mainstem egon, Washington, and Idaho, tribal govern- Plans, the ‘‘Biological Opinion for the Fed- Columbia River upstream of the Bonneville ments, local governments, and other public eral Columbia River Power System Dam, including the 1,040 miles of its largest and private interests in the Columbia River (FCRPS)’’ (2000, 2004, 2008), and the ‘‘EPA Co- tributary, the Snake River, and all of the Basin, considers appropriate; lumbia Basin State of the River Report for tributaries to both rivers. The Environ- ‘‘(D) provide funding and make grants for Toxics’’ (2009) consistently identify habitat mental Protection Agency’s (EPA’s) Colum- implementation of the Action Plan and the bia River Basin Fish Contaminant Survey loss and toxic contamination as threats to Comprehensive Plan and projects, programs, detected the presence of 92 priority pollut- fish and wildlife. and studies consistent with the priorities of ants, including PCBs, dioxins, furans, ar- SEC. 3. COLUMBIA RIVER. the Action Plan and the Comprehensive senic, mercury, and DDE (a breakdown prod- Title I of the Federal Water Pollution Con- Plan; uct of DDT), in fish that are consumed by trol Act (33 U.S.C. 1251 et seq.) is amended by ‘‘(E) promote innovative methodologies the Confederated Tribes of the Warm adding at the end the following: and technologies that are cost effective and Springs, the Confederated Tribes and Bands consistent with the identified goals and ob- of the Yakama Nation, the Confederated ‘‘SEC. 123. COLUMBIA RIVER. jectives of the Action Plan and the Com- Tribes of the Umatilla Indian Reservation, ‘‘(a) DEFINITIONS.—In this section, the fol- prehensive Plan and the permitting proc- and the Nez Perce Tribe, as well as by other lowing definitions apply: esses of the Environmental Protection Agen- people consuming fish throughout the Co- ‘‘(1) ACTION PLAN.—The term ‘Action Plan’ cy; lumbia River Basin. A fish consumption sur- means the ‘Columbia River Basin Toxics Re- ‘‘(F) coordinate the major functions of the vey by the Columbia River Intertribal Fish duction Action Plan’ developed by the Envi- Federal Government related to the imple- Commission showed that tribal members ronmental Protection Agency and the Co- mentation of the Action Plan and the Com- were eating 6 to 11 times more fish than lumbia River Toxics Reduction Working prehensive Plan, including projects, pro- EPA’s estimated national average. The nu- Group in 2010, including any amendments grams, and studies for— clear and toxic contamination at the Han- thereto. ‘‘(i) water quality improvements; ford Nuclear Reservation presents an ongo- ‘‘(2) COMPREHENSIVE PLAN.—The term ‘‘(ii) toxics reduction and monitoring; ing risk of contamination in the Middle Co- ‘Comprehensive Plan’ means the ‘Estuary ‘‘(iii) wetland, riverine, and estuary res- lumbia Basin. Sampling of sediments by the Partnership Comprehensive Conservation toration and protection; EPA in 2004 documented widespread presence and Management Plan’ adopted by the Envi- ‘‘(iv) nearshore and endangered species re- of toxic flame retardants known as ronmental Protection Agency and the Gov- covery; and polyrominated diphenyl ethers. ernors of Oregon and Washington on October ‘‘(v) stewardship and environmental edu- (5) Contamination of the Middle and Upper 20, 1999, under section 320, including any cation; Columbia River Basin has a direct impact on amendments thereto. ‘‘(G) coordinate the research and planning water quality and habitat quality in the ‘‘(3) ESTUARY PARTNERSHIP.—The term ‘Es- projects authorized under this section with Lower Columbia River Estuary. Investments tuary Partnership’ means the Lower Colum- Federal agencies, State agencies, tribal gov- in habitat restoration and toxics reduction bia River Estuary Partnership, an entity cre- ernments, universities, and the Estuary in the Middle and Upper Columbia River ated by the States of Oregon and Washington Partnership, including conducting or com- Basin can have significant benefits for fish and the Environmental Protection Agency missioning studies considered necessary for and wildlife throughout the entire basin. under section 320. strengthened implementation of the Action (6) Together with the Governors of Oregon ‘‘(4) LOWER COLUMBIA RIVER AND ESTUARY.— Plan and the Comprehensive Plan; and Washington, the EPA created the Lower The term ‘Lower Columbia River and Estu- ‘‘(H) track progress toward meeting the Columbia River Estuary Partnership (Estu- ary’ means the region consisting of the lower identified goals and objectives of the Action ary Partnership) in 1995 to provide regional 146 miles of the Columbia River Basin from Plan and the Comprehensive Plan by— coordination to focus on the lower river, to the Bonneville Dam to the Pacific Ocean. ‘‘(i) implementing and supporting a advance the science of the ecosystem, and to ‘‘(5) MIDDLE AND UPPER COLUMBIA RIVER project, program, and monitoring system deliver environmental results. The Estuary BASIN.—The term ‘Middle and Upper Colum- consistent with performance-based eco- Partnership was formed within the National bia River Basin’ means the region consisting system standards and management; and Estuary Program and provides a structure of the United States portion of the Columbia ‘‘(ii) coordinating, managing, and report- for organization and collaboration to imple- River Basin above Bonneville Dam, including ing environmental data related to the Action ment Federal priorities. The Estuary Part- the Snake River (and its tributaries) and Plan and the Comprehensive Plan in a man- nership includes all key Federal agencies as other tributaries of the Columbia River. ner consistent with methodologies utilized

VerDate Nov 24 2008 01:01 Feb 24, 2010 Jkt 089060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\A23FE6.028 S23FEPT1 jbell on DSKDVH8Z91PROD with SENATE February 23, 2010 CONGRESSIONAL RECORD — SENATE S709 by the Estuary Partnership, including mak- volved in protection and restoration of the training, supervised work experience, assisting such data and reports on such data avail- Columbia River Basin, including— ance in obtaining a high school diploma or able to the public, including on the Internet, ‘‘(1) an interagency crosscut budget that equivalent degree, and development of lead- in a timely fashion; and displays for each Federal agency— ership qualities, as well as promotion of citi- ‘‘(I) collect and make available to the pub- ‘‘(A) the amounts obligated in the pre- zenship, fellowship, service to their commu- lic, including on the Internet, publications ceding fiscal year for protection and restora- nity, life skills training, health and physical and other forms of information relating to tion projects, programs, and studies relating education, positive relationships with adults the environmental quality of the Lower Co- to the Columbia River Basin; and peers, and career planning; lumbia River and Estuary. ‘‘(B) the estimated budget for the current Whereas the National Guard Youth Chal- ‘‘(2) IMPLEMENTATION METHODS.—The Ad- fiscal year for protection and restoration lenge Program represents a successful joint ministrator, acting through the Team Lead- projects, programs, and studies relating to effort between States and the Federal Gov- er, may enter into interagency agreements, the Columbia River Basin; and ernment; make intergovernmental personnel appoint- ‘‘(C) the proposed budget for protection Whereas since 1993, the National Guard ments, provide funding, make grants, and and restoration projects, programs, and stud- Youth Challenge Program has developed 32 utilize other available methods in carrying ies relating to the Columbia River Basin; and programs in 27 States and Puerto Rico; out the duties under this subsection. ‘‘(2) a description and assessment of the Whereas since 1993, over 92,850 young indi- ‘‘(d) REPORT.—Not later than one year Federal role in the development and imple- viduals have successfully graduated from the after the date of enactment of this section, mentation of the Action Plan and the Com- program, with 80 percent earning their high and biennially thereafter, the Administrator prehensive Plan and the specific role of each school diploma or GED certificate, 24 percent shall submit to Congress a report that— Federal agency involved in protection and going to college, 18 percent joining the mili- ‘‘(1) summarizes the progress made in im- restoration of the Columbia River Basin, in- tary, and 57 percent entering the workforce plementing the Action Plan and the Com- cluding specific projects, programs, and with career jobs; prehensive Plan and the progress made to- studies conducted or planned to achieve the Whereas the National Guard Youth Chal- ward achieving the identified goals and ob- identified goals and objectives of the Action lenge Program has successfully helped high jectives described in such plans; Plan and the Comprehensive Plan. school dropouts in this Nation; and ‘‘(2) summarizes any modifications to the ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— Whereas the National Guard Youth Chal- Action Plan and the Comprehensive Plan There is authorized to be appropriated to the lenge Program can play a larger role in pro- made in the period immediately preceding Administrator to carry out this section viding assistance to the youth of the United the report; $40,000,000 for each of fiscal years 2011 States: Now, therefore, be it ‘‘(3) incorporates specific recommendations through 2016. Such sums shall remain avail- Resolved, That the Senate— concerning the implementation of the Ac- able until expended.’’. (1) supports the goals and ideals of ‘‘Na- tion Plan and the Comprehensive Plan; and tional Guard Youth Challenge Day’’; and f ‘‘(4) summarizes the roles and progress of (2) calls upon the people of the United each Federal agency that has jurisdiction in SUBMITTED RESOLUTIONS States to observe ‘‘National Guard Youth the Columbia River Basin toward meeting Challenge Day’’ on February 24, 2010, with the identified goals and objectives of the Ac- appropriate ceremonies and respect. tion Plan and the Comprehensive Plan. ‘‘(e) IMPLEMENTATION OF ACTION PLAN AND SENATE RESOLUTION 419—SUP- Ms. LANDRIEU. Mr. President, on COMPREHENSIVE PLAN.— PORTING THE GOALS AND behalf of myself and my colleagues ‘‘(1) IN GENERAL.—The Administrator, act- IDEALS OF ‘‘NATIONAL GUARD Senator LINCOLN, Senator CHAMBLISS, ing through the Team Leader and in con- YOUTH CHALLENGE DAY’’ Senator SHAHEEN, Senator MURKOWSKI, sultation with the Estuary Partnership, Senator BARRASSO and Senator BYRD, I shall carry out projects, programs, and stud- Ms. LANDRIEU (for herself, Mrs. LINCOLN, Mr. CHAMBLISS, Mrs. rise today to submit a resolution in ies to implement the Action Plan and the support of the goals and ideals of Na- Comprehensive Plan. SHAHEEN, Ms. MURKOWSKI, Mr. tional Guard Youth Challenge Day and ‘‘(2) PRIORITY PROJECTS, PROGRAMS, AND BARRASSO, Mr. BYRD, and Mr. BENNETT) STUDIES.—The Administrator may give spe- submitted the following resolution; in support of the Youth ChalleNGe pro- cial emphasis to projects, programs, and which was referred to the Committee gram. studies that are identified as priorities by on the Judiciary: Few programs have been as effective the Estuary Partnership in the Action Plan in combating the high rate of high S. RES. 419 and the Comprehensive Plan. school dropouts as the Youth Chal- ‘‘(3) GRANTS.— Whereas ‘‘National Guard Youth Challenge leNGe program. ‘‘(A) IN GENERAL.—The Administrator, act- Day’’ will be celebrated on February 24, 2010; Established by the National Guard in ing through the Team Leader, is authorized Whereas high school dropouts need guidance, encouragement, and avenues toward 1993 to help at-risk youth aged 16–18 to make grants for projects, programs, and who have dropped out or been expelled studies to implement the Action Plan and self-sufficiency and success; the Comprehensive Plan. Whereas over 1,300,000 students drop out of from school, the National Guard Youth ‘‘(B) ALLOCATIONS.—In making grants high school each year, costing this Nation ChalleNGe program includes a 5-month using funds appropriated to carry out this more than $335,000,000,000 in lost wages, reve- residential program and 12-month men- paragraph for a fiscal year, the Adminis- nues, and productivity over the lifetimes of toring program where participants trator, acting through the Team Leader, these individuals; learn life-skills, gain real-life work ex- shall use— Whereas the life expectancy for a high perience, receive on-the-job training, ‘‘(i) not less than 40 percent of the funds to school dropout is 9 years less than that of a high school graduate, and a high school drop- participate in community service and make a comprehensive grant to the Estuary have the opportunity to earn a high Partnership to manage implementation of out can expect to earn about $19,000 each the Comprehensive Plan; year, compared to approximately $28,000 for school diploma or GED. ‘‘(ii) not less than 50 percent of the funds a high school graduate; Everyone knows that high school to make grants, as allocated by the Team Whereas 54 percent of high school dropouts dropouts face much greater challenges Leader, for projects, programs and studies were jobless during an average month in than their peers who finish school. prioritized in the Action Plan throughout 2008, with 40 percent having no job for the en- Dropouts have an unemployment rate the Columbia River Basin, and for other co- tire year; of 40 percent, as compared to the na- ordinated projects, programs, and studies in Whereas each annual class of high school tional average of 10 percent. Fifty-four the Middle and Upper Columbia River Basin; dropouts cost this Nation over $17,000,000,000 in publicly subsidized health care over the percent of high school dropouts were and jobless in an average month during 2008 ‘‘(iii) not more than 5 percent of the funds course of their lives; for project management, administration, and Whereas approximately 90 percent of indi- alone. reporting. viduals in prisons throughout the United One in every three teen mothers is a ‘‘(4) FEDERAL SHARE.—The Federal share of States are high school dropouts; dropout and one in four babies is born the costs for which a grant is made under Whereas the goal of the National Guard to a high school dropout. Dropouts this section shall be 75 percent, except that Youth Foundation, a non-profit 501(c)(3) or- have a life expectancy that is nine the Administrator may increase the Federal ganization, is to improve the education, life years less than a high school graduate. share in such circumstances as the Adminis- skills, and employment potential of high While looking for programs that keep trator determines appropriate. school dropouts in the United States through students in school, we must also focus ‘‘(f) ANNUAL BUDGET PLAN.—The President, public awareness, scholarships, higher edu- as part of the President’s annual budget sub- cation assistance, and job development pro- on programs that offer our high school mission to Congress under section 1105(a) of grams; dropouts a road back, and the National title 31, United States Code, shall submit in- Whereas the National Guard Youth Chal- Guard Youth ChalleNGe Program is formation regarding each Federal agency in- lenge Program provides military-based one such program.

VerDate Nov 24 2008 01:01 Feb 24, 2010 Jkt 089060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\A23FE6.028 S23FEPT1 jbell on DSKDVH8Z91PROD with SENATE S710 CONGRESSIONAL RECORD — SENATE February 23, 2010 The National Guard Youth Chal- According to the parent of a recent SHAHEEN, Senator MURKOWSKI, Senator leNGe program has graduated more ChalleNGe graduate in Louisiana: ‘‘I BARRASSO and Senator BYRD for co- than 92,850 former high school dropouts had struggled for several years trying sponsoring this resolution and for call- from the program to date, with 99 per- to give [my son] what he needed in the ing attention to the fact that tomor- cent of them going on to pursue higher way of direction. He had no ambition, row is National Guard Youth Chal- education, a career in the military or no direction, no goals for the future, no leNGe Day. But more than joining in employment, according to a recent interest whatsoever in school, and ap- this resolution, I hope this Congress, as audit. peared to have no grasp of how poorly this appropriations process starts for The annual cost of graduating one his future looked if he continued on the this year, when looking to find a wise child from the Youth ChalleNGe pro- road he was on. The successes the way to spend a dollar, will look to the gram is $14,000. Contrasted with the Youth ChalleNGe program provided National Guard Youth ChalleNGe Pro- $40,000 it costs to incarcerate that gave him a self-confidence I’ve never gram. same youth, it is no surprise the pro- seen in him before. He realizes he can This program reaches out in 27 gram has earned the enthusiastic bi- achieve anything he wants in life if he States and Puerto Rico with over 32 partisan support of governors nation- is willing to put forth the effort. Thank programs to kids between the ages of 16 wide. you for giving me my son back.’’ and 18 who have given up on them- The program currently operates only Our nation can no longer afford to selves and whose families have given 32 programs across 27 states and Puerto lose ground educationally if we are to up on them. They haven’t been ar- Rico. Last year alone, of the 18,701 compete in a global, knowledge-based rested yet. They haven’t been incarcer- dropouts who applied to this voluntary society. As President Obama noted in ated yet. They haven’t gotten into program, more than 40 percent were his speech, ‘‘In this country, the suc- trouble with drugs yet, but they are on turned away due to lack of funding. cess of our children cannot depend the road in that dangerous direction. Unfortunately, America has one of more on where they live than on their This program offers them an oppor- the highest dropout rates in the world potential.’’ In order to make that sen- tunity to take a different road. It of- among developed nations. Nationally, timent a reality, we must not only ad- fers them an opportunity to change. I an estimated one-third of high school dress needed reforms to put our failing am proud to say that since this pro- freshmen do not graduate from high schools back on track, but also expand gram was started here in Congress and school in four years; in the 50 largest programs that reach out to those youth in partnership with Governors and non- U.S. cities, the dropout rate may be who dropped out of high school to en- profits around the country, we have closer to 50 percent. That totals 1.2 sure that they have every chance to graduated thousands of children from million high school dropouts each year. succeed. The future of our youth—and this program with an almost 95-percent The soaring dropout rate is a na- success rate, which with this group is tional crisis that costs our economy our economy—depends on it. Do not just take my word for it. To- almost unheard of. This is a 17-month billions of dollars each year to support morrow morning I am hosting a panel program including 5 months of residen- dropouts who are more likely to be un- and discussion about the Youth Chal- tial schooling followed by 12 months of employed or underemployed, incarcer- leNGe Program in the Russell Building, mentorship. So in 17 months, kids who ated, on public welfare, or teen par- were headed in the wrong direction are ents. Room 485 from 10:30 to 11:45. I invite all literally turned around and headed in The median income of a high school of my colleagues to meet some of these dropout is $18,000, versus $25,000 for a remarkable young men and women who the right direction. That is because it high school graduate, and the annual have made the choice to turn their is a combination of all of the best prac- unemployment rate for dropouts is 40 lives around. tices: getting them out of their envi- percent compared with the nationwide Again, I ask my colleagues to join ronment and introducing them to a rate of 10 percent. with me to pass this resolution which new set of disciplines and rules and This means that each dropout, over shines a much needed light on a pro- regulations. It is not a boot camp. the course of his or her lifetime, con- gram that is truly making a difference There are not wires around these facili- tributes $60,000 less in taxes that an in- in the lives of our greatest natural re- ties. These young people can leave any dividual with a high school degree. source—our children. day. It is completely voluntary. But Each class of dropouts costs States This is a happy subject, and one for they stay because they know they need $17 billion in publicly subsidized health which I think the Presiding Officer the discipline. They know they need care costs over the course of their shares my enthusiasm, and that is our the focus. They know our men and lives. support of the National Guard Youth women of the National Guard care not Individuals lacking a high school ChalleNGe Program. Tonight we are just about our country as a whole but education also make up 90 percent of celebrating at the fifth gala that sup- about the individual citizens who make our nation’s prison population account- ports this program, and tomorrow I up the country. Through our National ing for $45 billion of the $50 billion will be hosting, along with many of our Guard, men and women give of their spent annually on incarceration. colleagues, a panel about the success of time in terms of teaching and training. The economic cost in lost produc- the National Guard Youth ChalleNGe It is a phenomenal program. tivity and earnings over the course of a Program. I don’t know if the Presiding Officer high school dropout’s lifetime is $329 The Presiding Officer was a Governor has attended some of the graduations, billion, according to the Alliance for before she became a Senator, so she but I have, and I think perhaps she has, Excellent Education. knows very well the challenges of and many of our colleagues have. They Over the next decade, if current drop- workforce development, moving our share with me their stories. They say, out rates persist, the economic loss to young people through high school so Senator, I have given speeches at many our nation will total more than $3 tril- they graduate on time with the req- of my college graduations and at many lion. uisite skills to allow them to be ready wonderful, prominent, large high Eleven States have requested funding to go to college or ready to go to work. schools, but the graduations that have to start a program. Unlike most pro- Unfortunately, that is not the case in touched me the most have been the grams, the Youth ChalleNGe program America today with too many of our graduations of the Youth ChalleNGe requires States to match 25 percent of young people. So we are struggling cadets. Sometimes a program will the program’s cost with the Federal here in Congress; Governors are look- graduate 100 cadets; sometimes smaller Government providing 75 percent, and ing for programs all over the country; programs will graduate 50; but there three States with existing programs educators are searching for what are always lots of tears of joy in those are seeking funding for additional pro- works. auditoriums around the country when grams. I am here to tell my colleagues that these cadets graduate. The National Guard Youth Chal- there is a program that works, and I I will never, ever forget standing in leNGe Program changes more than just thank the Presiding Officer for her sup- Alexandria, actually Camp Beauregard, the cadet; it transforms entire families port. I also wish to thank Senator LIN- right outside of Alexandria, a central and communities. COLN, Senator CHAMBLISS, Senator Louisiana city. I had given my speech.

VerDate Nov 24 2008 01:30 Feb 24, 2010 Jkt 089060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G23FE6.013 S23FEPT1 jbell on DSKDVH8Z91PROD with SENATE February 23, 2010 CONGRESSIONAL RECORD — SENATE S711 I thought it was pretty good, but it that amounts to literally millions of ation Enduring Freedom and deployed more wasn’t spectacular. It was very good. I dollars in lost employment opportuni- than 2,600 soldiers to conduct combat sup- heard a grown man behind me sobbing. ties. port and combat service support missions; I thought to myself, I hope I haven’t There are any number of reasons. I Whereas the 189th Regional Training Insti- think I have explained them fairly tute and Camp Gruber Joint Maneuver said anything inappropriate in my re- Training Center have provided professional marks. He came up to me with these well. I will submit a longer statement training to military and nonmilitary per- huge arms and hugged me from the for the RECORD. But again, today, we sonnel to enhance domestic security and pre- back and said, Senator, I have never wish to recognize our National Guard pare units for deployments abroad; known my government to do anything Youth ChalleNGe Program. We wish to Whereas the Oklahoma Army National good for me—I don’t know if I agree thank the National Guard. Not only Guard mobilized in 2005 and deployed more with that—but, he said, Today, you are they on the front lines in Iraq and than 2,500 soldiers to support relief oper- have given me my son back. I will in Afghanistan and everywhere around ations in response to Hurricanes Katrina and never forget that as long as I live. That the world, but they are on the front Rita, including assisting law enforcement agencies with traffic control and security, is what this program means to parents. lines right here, helping us educate future military members, future execu- transporting and distributing food, water, It is giving them their children back, and ice, conducting search and rescue and which is the greatest gift a parent, as tives, future workforce leaders, and we ground and air evacuations, providing gener- the Presiding Officer knows, having are very proud of the leadership of the ator support, and performing other missions four children, can have. These kids are National Guard. to protect life and property; floundering in the regular high schools, I wish to thank the Presiding Officer Whereas the 137th Airlift Wing mobilized not making any sense to them, because again for her support and for the sup- in 2003 for Operation Iraqi Freedom and de- we haven’t done I think what we should port of many of our colleagues for this ployed to the Kingdom of Saudi Arabia as part of the largest C–130 wing assembled in be doing in all cases with them in high very worthwhile and meritorious program. history, transporting troops, food, supplies, school. This program works. Not only and equipment to United States forces in does it work for the individual, but it f Iraq; works for our economy. SENATE RESOLUTION 420—HON- Whereas the 137th Airlift Wing mobilized I wish to read into the RECORD a few ORING THE MEMBERS OF THE in 2003 for Operation Enduring Freedom and of the statistics about what it means ARMY NATIONAL GUARD AND deployed to Uzbekistan, providing critical to our country when we save one per- AIR NATIONAL GUARD OF THE airlift and logistical support for United States forces in Afghanistan; son from dropping out of high school. STATE OF OKLAHOMA FOR These are the statistics. One in every Whereas between 2003 and 2006, the 137th THEIR SERVICE AND SACRIFICE Airlift Wing transported 39,368 troops and three teen mothers is a dropout from ON BEHALF OF THE UNITED 11,170 tons of critical cargo to United States high school. One in four babies born is STATES SINCE SEPTEMBER 11, forces in Iraq and Afghanistan; born to a high school dropout. The Na- 2001 Whereas the 137th Airlift Wing mobilized tional Guard program has graduated Mr. INHOFE (for himself and Mr. in 2005 and deployed one of the first C–130 more than 92,850 former high school units to support relief operations in response COBURN) submitted the following reso- dropouts with 99 percent of them going to Hurricane Katrina, including evacuating lution; which was referred to the Com- on to either pursue higher education, a hospital and nursing home residents to safe- mittee on Armed Services: career in the military, or employment, ty by air, providing critical logistical sup- S. RES. 420 port, and airlifting 2,500 members of the according to a recent audit. The annual Oklahoma Army National Guard to popu- cost of graduating one child from this Whereas members of the Army National Guard and Air National Guard of the State of lation centers to provide aid to hurricane program is $14,000. Contrast that with Oklahoma reside throughout the State and victims; the $40,000 it costs annually for incar- come from various communities, back- Whereas the 138th Fighter Wing mobilized ceration of someone who failed to grad- grounds, and professions; in 2005, 2007, and 2008 for Operation Iraqi uate, got on the wrong road, got in- Whereas the Army National Guard and Air Freedom and deployed to Iraq to provide volved in drugs or in a life of crime. National Guard of the State of Oklahoma are close air support and engage in combat mis- For a $14,000 investment, leveraging composed of several units, including the sions, during which the 138th Fighter Wing Joint Forces Headquarters, the 45th Infantry expended 109,000 pounds of combat ordnance the strength of the National Guard, and successfully destroyed numerous tar- leveraging the hopes and prayers of Brigade Combat Team, the 45th Fires Bri- gade, the 90th Troop Command, the 189th Re- gets; and parents who want so much for their gional Training Institute, Camp Gruber Whereas, since September 11, 2001, the children to turn around, leveraging the Joint Maneuver Training Center, the 137th 138th Fighter Wing has flown numerous Air power of the individual child knowing Air Refueling Wing, the 138th Fighter Wing, Sovereignty Alert missions in the United something is wrong and wanting to the 205th Engineering Installation Squadron, States, protecting high value domestic tar- make it right, I couldn’t think of a bet- and the 219th Engineering Installation gets against attack and contributing to ter program than this. Squadron; homeland defense, and in 2008 the 138th I have spoken personally to Sec- Whereas, since September 11, 2001, units Fighter Wing was recognized as the most ac- and members of the Army National Guard tive alert facility in the United States: Now, retary Arne Duncan about this. I have therefore, be it spoken personally on every occasion I and the Air National Guard of the State of Oklahoma have been deployed, and are con- Resolved, That the Senate— can to members of the White House tinuously being deployed, in support of (1) expresses its gratitude to the members leadership team and the education United States military operations at home of the Army National Guard and Air Na- team and the members of the Defense and abroad; tional Guard of the State of Oklahoma and Appropriations team. So I am hoping Whereas the 45th Infantry Brigade mobi- their families for their service and sacrifice we recognize the soaring dropout rate lized in 2003 for Operation Enduring Freedom on behalf of the United States since Sep- tember 11, 2001; and as a national crisis that costs our econ- and deployed more than 700 soldiers to Af- ghanistan to provide training to Afghan Se- (2) recognizes the citizen-soldiers and air- omy billions of dollars. There are pro- men of the Oklahoma National Guard as in- grams that work. Not every program curity Forces; Whereas the 45th Infantry Brigade Combat valuable to the national security of the that government invents or frames Team mobilized in 2007 for Operation Iraqi United States, vital to defending against fails. So for people who say we can’t Freedom and deployed more than 2,700 sol- threats both foreign and domestic, and es- spend any more money, let’s spend it diers to provide command and control and sential for responding to State and national on programs such as this. Let’s move conduct security force and detainee oper- emergencies. the money from some programs that ations, representing the largest single de- f aren’t working as well to programs ployment for the Oklahoma Army National AMENDMENTS SUBMITTED AND Guard since the Korean War; such as this and leverage the invest- PROPOSED ments our country is making, whether Whereas the 45th Fires Brigade mobilized in 2008 for Operation Iraqi Freedom and de- SA 3324. Ms. LANDRIEU submitted an it is through the National Guard or ployed more than 1,000 soldiers to provide amendment intended to be proposed to through other programs. command and control and conduct security amendment SA 3310 proposed by Mr. REID to The median income of a high school force operations; the bill H.R. 2847, making appropriations for dropout is $18,000 versus $25,000 for a Whereas 90th Troop Command units mobi- the Departments of Commerce and Justice, high school graduate. Over a lifetime, lized for Operation Iraqi Freedom and Oper- and Science, and Related Agencies for the

VerDate Nov 24 2008 01:01 Feb 24, 2010 Jkt 089060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G23FE6.014 S23FEPT1 jbell on DSKDVH8Z91PROD with SENATE S712 CONGRESSIONAL RECORD — SENATE February 23, 2010 fiscal year ending September 30, 2010, and for For further information, please con- mittee on Intelligence be authorized to other purposes; which was ordered to lie on tact Sam Fowler at (202) 224–7571 or meet during the session of the Senate the table. Amanda Kelly at (202) 224–6836. on February 23, 2010, at 2:30 p.m. SA 3325. Mr. REID (for Mr. ROCKEFELLER) The PRESIDING OFFICER. Without proposed an amendment to the bill S. 30, to f objection, it is so ordered. amend the Communications Act of 1934 to AUTHORITY FOR COMMITTEES TO prohibit manipulation of caller identifica- MEET SUBCOMMITTEE ON COMMUNICATIONS, tion information. TECHNOLOGY, AND THE INTERNET COMMITTEE ON ARMED SERVICES f Mr. CARDIN. Mr. President, I ask Mr. CARDIN. Mr. President, I ask unanimous consent that the Com- TEXT OF AMENDMENTS unanimous consent that the Com- mittee on Communications, Tech- mittee on Armed Services be author- nology, and the Internet of the Com- SA 3324. Ms. LANDRIEU submitted ized to meet during the session of the an amendment intended to be proposed mittee on Commerce, Science, and Senate on February 23, 2010, at 9:30 Transportation be authorized to meet to amendment SA 3310 proposed by Mr. a.m. during the session of the Senate on REID to the bill H.R. 2847, making ap- The PRESIDING OFFICER. Without propriations for the Departments of objection, it is so ordered. February 23, 2010, at 10 a.m., in room 253 of the Russell Office Building. Commerce and Justice, and Science, COMMITTEE ON COMMERCE, SCIENCE, AND and Related Agencies for the fiscal TRANSPORTATION The PRESIDING OFFICER. Without year ending September 30, 2010, and for Mr. CARDIN. Mr. President, I ask objection, it is so ordered. other purposes; which was ordered to unanimous consent that the Com- SUBCOMMITTEE ON FEDERAL FINANCIAL MAN- lie on the table; as follows: mittee on Commerce, Science, and AGEMENT, GOVERNMENT INFORMATION, FED- At the appropriate place, insert the fol- Transportation be authorized to meet ERAL SERVICES, AND INTERNATIONAL SECU- RITY lowing: during the session of the Senate on SEC. lll. WORK OPPORTUNITY TAX CREDIT February 23, 2010, at 2:30 p.m., in room Mr. CARDIN. Mr. President, I ask WITH RESPECT TO CERTAIN INDI- 253 of the Russell Senate Office Build- unanimous consent that the Com- VIDUALS AFFECTED BY HURRICANE ing. mittee on Homeland Security and Gov- KATRINA FOR EMPLOYERS INSIDE ernmental Affairs’ Subcommittee on DISASTER AREAS. The PRESIDING OFFICER. Without Federal Financial Management, Gov- (a) IN GENERAL.—Paragraph (1) of section objection, it is so ordered. 201(b) of the Katrina Emergency Tax Relief COMMITTEE ON ENVIRONMENT AND PUBLIC ernment Information, Federal Serv- Act of 2005 is amended by striking ‘‘4-year’’ WORKS ices, and International Security be au- and inserting ‘‘5-year’’. Mr. CARDIN. Mr. President, I ask thorized to meet during the session of (b) EFFECTIVE DATE.—The amendment unanimous consent that the Com- the Senate on February 23, 2010 at 2:30 made by subsection (a) shall apply to indi- mittee on Environment and Public p.m. to conduct a hearing entitled, viduals hired after August 27, 2009. Works be authorized to meet during ‘‘Countdown to Census Day: Progress SEC. lll. EXTENSION OF LOW-INCOME HOUS- the session of the Senate on February Report on the Census Bureau’s Pre- ING CREDIT RULES FOR BUILDINGS IN GO ZONES. 23, 2010, at 10 a.m. in room 406 of the paredness for the Enumeration.’’ Section 1400N(c)(5) of the Internal Revenue Dirksen Office Building. The PRESIDING OFFICER. Without Code of 1986 is amended by striking ‘‘Janu- The PRESIDING OFFICER. Without objection, it is so ordered. ary 1, 2011’’ and inserting ‘‘January 1, 2013’’. objection, it is so ordered. SUBCOMMITTEE ON INTERNATIONAL OPERATIONS COMMITTEE ON FINANCE AND ORGANIZATIONS, HUMAN RIGHTS, DEMOC- SA 3325. Mr. REID (for Mr. ROCKE- Mr. CARDIN. Mr. President, I ask RACY, AND GLOBAL WOMEN’S ISSUES AND SUB- FELLER) proposed an amendment to the unanimous consent that the Com- COMMITTEE ON NEAR EASTERN AND SOUTH bill S. 30, to amend the Communica- mittee on Finance be authorized to AND CENTRAL ASIAN AFFAIRS tions Act of 1934 to prohibit manipula- meet during the session of the Senate Mr. CARDIN. Mr. President, I ask tion of caller identification informa- on February 23, 2010, at 10 a.m., in unanimous consent that the Com- tion; as follows: room 215 of the Dirksen Office Build- mittee on Foreign Relations be author- On page 3, beginning with line 23, strike ing, to conduct a hearing entitled ized to meet during the session of the through line 7 on page 4. ‘‘Trade and Tax Issues Relating to Senate on February 23, 2010, at 3 p.m., On page 8, between lines 17 and 18, insert Small Business Job Creation.’’ to hold a joint International Oper- the following: The PRESIDING OFFICER. Without ations and Organizations, Democracy ‘‘(7) EFFECT ON OTHER LAWS.—This sub- objection, it is so ordered. and Human Rights and Near Eastern section does not prohibit any lawfully au- COMMITTEE ON THE JUDICIARY and South and Central Asian Affairs thorized investigative, protective, or intelligence activity of a law enforcement agency Mr. CARDIN. Mr. President, I ask subcommittee hearing entitled ‘‘Af- of the United States, a State, or a political unanimous consent that the Com- ghan Women and Girls: Building the subdivision of a State, or of an intelligence mittee on the Judiciary be authorized Future of Afghanistan.’’ agency of the United States. to meet during the session of the Sen- The PRESIDING OFFICER. Without On page 8, line 18, strike ‘‘(7)’’ and insert ate, on February 23, 2010, at 10 a.m., in objection, it is so ordered. ‘‘(8)’’. room SD–226 of the Dirksen Senate Of- f On page 9, line 18, strike ‘‘(8)’’ and insert fice Building, to conduct a hearing en- DEPLORING THE RAPE AND AS- ‘‘(9)’’. titled ‘‘Are Foreign Libel Lawsuits SAULT OF WOMEN IN GUINEA f Chilling Americans’ First Amendment Rights?’’ AND THE KILLING OF POLITICAL NOTICE OF HEARING The PRESIDING OFFICER. Without PROTESTERS COMMITTEE ON ENERGY AND NATURAL objection, it is so ordered. On Monday, February 22, 2010, the RESOURCES AFRICAN AFFAIRS SUBCOMMITTEE Senate agreed to S. Res. 345, as amend- Mr. BINGAMAN. Mr. President, I Mr. CARDIN. Mr. President, I ask ed, as follows: would like to announce for the infor- unanimous consent that the Com- S. RES. 345 mation of the Senate and the public mittee on Foreign Relations be author- Whereas, on December 23, 2008, a group of that a business meeting scheduled be- ized to meet during the session of the military officers calling itself the National fore Committee on Energy and Natural Senate on February 23, 2010, at 10:15 Council for Democracy and Development (re- Resources, previously announced for a.m., to hold a African Affairs sub- ferred to in this preamble as the ‘‘CNDD’’) February 10th, has been rescheduled committee hearing entitled ‘‘Exploring seized power in a coup in Guinea, installed as and will now be held on Wednesday, the Nigeria–U.S. Bilateral Relation- interim President Captain Moussa Dadis March 3, 2010, at 10 a.m., immediately ship.’’ Camara, and promised to hold elections; preceding the full committee hearing, The PRESIDING OFFICER. Without Whereas, on September 28, 2009, authorities of the Government of Guinea opened fire on in room SD–366 of the Dirksen Senate objection, it is so ordered. a crowd of thousands of unarmed opposition Office Building. SELECT COMMITTEE ON INTELLIGENCE protesters who were gathered in and around The purpose of the business meeting Mr. CARDIN. Mr. President, I ask an outdoor stadium to protest statements is to consider pending nominations. unanimous consent that the Com- made by Captain Camara that he may run

VerDate Nov 24 2008 01:30 Feb 24, 2010 Jkt 089060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\A23FE6.034 S23FEPT1 jbell on DSKDVH8Z91PROD with SENATE February 23, 2010 CONGRESSIONAL RECORD — SENATE S713 for president, after he said that he would (3) urges the President, in coordination SEC. 2. PROHIBITION REGARDING MANIPULA- not; with leaders from the European Union and TION OF CALLER IDENTIFICATION Whereas, on September 29, 2009, the United the African Union, to continue to consider INFORMATION. States Department of State condemned the punitive measures that could be taken Section 227 of the Communications Act of brazen and inappropriate use of force by the against senior officials in Guinea found to be 1934 (47 U.S.C. 227) is amended— military against civilians in Guinea, and de- complicit in the violence, and in particular, (1) by redesignating subsections (e), (f), and manded the immediate release of opposition the atrocities perpetrated against women (g) as subsections (f), (g), and (h), respec- leaders and a return to civilian rule as soon and other gross human rights violations; tively; and as possible; (4) encourages the President to remain ac- (2) by inserting after subsection (d) the fol- Whereas according to the United Nations tively engaged in the political situation in lowing new subsection: Security Council Report of the International Guinea, and to continue to convey that the Commission of Inquiry Mandated to Estab- blatant abuse of women will not be toler- ‘‘(e) PROHIBITION ON PROVISION OF INAC- lish the Facts and Circumstances of the ated; CURATE CALLER IDENTIFICATION INFORMA- Events of 28 September 2009 in Guinea, 156 (5) calls on President Blaise Compaore´ of TION.— people were killed or disappeared and at Burkina Faso to ensure that Captain Camara ‘‘(1) IN GENERAL.—It shall be unlawful for least 109 women and girls ‘‘were subjected to does not return to Guinea in order to allow any person within the United States, in con- rape and other sexual violence, including a peaceful transition to civilian rule; nection with any telecommunications serv- sexual mutilation and sexual slavery’’; (6) notes that the first steps set forth in ice or IP-enabled voice service, to cause any Whereas according to Human Rights the Joint Declaration of Ouagadougou have caller identification service to knowingly Watch, these killings and assaults were part been initiated with the naming of a prime transmit misleading or inaccurate caller of a ‘‘premeditated massacre’’ in which the minister and urges all parties to continue to identification information with the intent to ‘‘level, frequency, and brutality of sexual vi- adhere to the agreement to see the process defraud, cause harm, or wrongfully obtain olence that took place at and after the pro- through free, fair, and timely elections; and anything of value, unless such transmission tests strongly suggests that it was part of a (7) recognizes the importance of the multi- is exempted pursuant to paragraph (3)(B). systematic attempt to terrorize and humili- lateral observer mission to help ensure peace ‘‘(2) PROTECTION FOR BLOCKING CALLER IDEN- ate the opposition, not just random acts by and security in Guinea during the period of TIFICATION INFORMATION.—Nothing in this rogue soldiers’’; transition. subsection may be construed to prevent or Whereas the United Nations High Commis- f restrict any person from blocking the capa- sioner for Human Rights characterized the TRUTH IN CALLER ID ACT OF 2009 bility of any caller identification service to events as a ‘‘blood bath’’ and stated that transmit caller identification information. they ‘‘must not become part of the fabric of Mr. REID. I ask unanimous consent ‘‘(3) REGULATIONS.— impunity that has enveloped Guinea for dec- that the Senate proceed to the imme- ‘‘(A) IN GENERAL.—Not later than 6 months ades’’; after the date of enactment of the Truth in Whereas according to the humanitarian or- diate consideration of Calendar No. 194, Caller ID Act of 2009, the Commission shall ganization CARE, ‘‘What happened in Guinea S. 30. prescribe regulations to implement this sub- is an outrage—and a stark reminder of a The PRESIDING OFFICER. The section. larger epidemic of violence against women clerk will report the bill by title. ‘‘(B) CONTENT OF REGULATIONS.— and girls around the world.’’; The legislative clerk read as follows: ‘‘(i) IN GENERAL.—The regulations required Whereas Amnesty International reports A bill (S. 30) to amend the Communica- that violence against women knows few under subparagraph (A) shall include such tions Act of 1934 to prohibit manipulation of exemptions from the prohibition under para- bounds, and that ‘‘in armed conflicts, count- caller identification information. less women and girls are raped and sexually graph (1) as the Commission determines is abused by security forces and opposition There being no objection, the Senate appropriate. groups as an act of war, and often face addi- proceeded to consider the bill. ‘‘(ii) SPECIFIC EXEMPTION FOR LAW ENFORCE- tional violence in refugee camps. Govern- Mr. REID. Mr. President, I ask unan- MENT AGENCIES OR COURT ORDERS.—The regu- ment sponsored violence also exists in peace- imous consent that the Rockefeller lations required under subparagraph (A) time, with women assaulted while in police amendment which is at the desk be shall exempt from the prohibition under paragraph (1) transmissions in connection custody, in prison, and at the hands of any agreed to, the bill as amended be read number of state actors.’’ and that ‘‘violence with— a third time and passed, the motion to ‘‘(I) any authorized activity of a law en- against women is a violation of human reconsider be laid on the table, with no rights that cannot be justified by any polit- forcement agency; or ical, religious, or cultural claim’’; intervening action or debate, and any ‘‘(II) a court order that specifically author- Whereas the International Commission of statements be printed in the RECORD. izes the use of caller identification manipu- Inquiry of the United Nations concluded that The PRESIDING OFFICER. Without lation. ‘‘the crimes perpetrated on 28 September 2009 objection, it is so ordered. ‘‘(4) REPORT.—Not later than 6 months and in the immediate aftermath can be de- The amendment (No. 3325) was agreed after the enactment of the Truth in Caller ID scribed as crimes against humanity’’ and to, as follows: Act of 2009, the Commission shall report to Congress whether additional legislation is that there is sufficient evidence that Captain (Purpose: To revise the provision relating to Camara ‘‘incurred individual criminal liabil- necessary to prohibit the provision of inac- the effect of the new subsection on other curate caller identification information in ity and command responsibility for the laws) events that occurred during the attack and technologies that are successor or replace- related events in their immediate after- On page 3, beginning with line 23, strike ment technologies to telecommunications math’’; through line 7 on page 4. service or IP-enabled voice service. Whereas, on January 15, 2010, General On page 8, between lines 17 and 18, insert ‘‘(5) PENALTIES.— Sekouba Konate and Captain Camara of the the following: ‘‘(A) CIVIL FORFEITURE.— Republic of Guinea and President Blaise ‘‘(7) EFFECT ON OTHER LAWS.—This sub- ‘‘(i) IN GENERAL.—Any person that is deter- Compaore´ of Burkina Faso signed the Joint section does not prohibit any lawfully au- mined by the Commission, in accordance Declaration of Ouagadougou pledging to thorized investigative, protective, or intel- with paragraphs (3) and (4) of section 503(b), form a transitional government of national ligence activity of a law enforcement agency to have violated this subsection shall be lia- unity in Guinea, to hold elections within six of the United States, a State, or a political ble to the United States for a forfeiture pen- months without the participation of can- subdivision of a State, or of an intelligence alty. A forfeiture penalty under this para- didates from the military junta, and to per- agency of the United States. graph shall be in addition to any other pen- On page 8, line 18, strike ‘‘(7)’’ and insert mit the entry of an international observer alty provided for by this Act. The amount of ‘‘(8)’’. mission from the Economic Community of the forfeiture penalty determined under this On page 9, line 18, strike ‘‘(8)’’ and insert West African States; and paragraph shall not exceed $10,000 for each ‘‘(9)’’. Whereas, in accordance with the Joint Dec- violation, or 3 times that amount for each laration of Ouagadougou, a prime minister The bill, as amended, was ordered to day of a continuing violation, except that from the coalition of opposition forces, be engrossed for a third reading, was the amount assessed for any continuing vio- Forces Vives, has been named to the transi- read the third time, and passed, as fol- lation shall not exceed a total of $1,000,000 tional government: Now, therefore, be it lows: for any single act or failure to act. Resolved, That the Senate— ‘‘(ii) RECOVERY.—Any forfeiture penalty (1) deplores the rape and assault of women S. 30 determined under clause (i) shall be recover- and the killing of political protestors in Be it enacted by the Senate and House of Rep- able pursuant to section 504(a). Guinea; resentatives of the United States of America in ‘‘(iii) PROCEDURE.—No forfeiture liability (2) urges the prosecution, by the appro- Congress assembled, shall be determined under clause (i) against priate authorities, of those responsible for SECTION 1. SHORT TITLE. any person unless such person receives the orchestrating or carrying out the violence in This Act may be cited as the ‘‘Truth in notice required by section 503(b)(3) or section Guinea; Caller ID Act of 2009’’. 503(b)(4).

VerDate Nov 24 2008 01:01 Feb 24, 2010 Jkt 089060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\A23FE6.009 S23FEPT1 jbell on DSKDVH8Z91PROD with SENATE S714 CONGRESSIONAL RECORD — SENATE February 23, 2010 ‘‘(iv) 2-YEAR STATUTE OF LIMITATIONS.—No mation’ means information provided by a cure. Many oncologists and breast can- forfeiture penalty shall be determined or im- caller identification service regarding the cer researchers believe that a cure for posed against any person under clause (i) if telephone number of, or other information breast cancer will not be discovered the violation charged occurred more than 2 regarding the origination of, a call made until well into the future. years prior to the date of issuance of the re- using a telecommunications service or IP-en- However, we cannot sit idly by while quired notice or notice or apparent liability. abled voice service. we wait for a cure. Instead, we must ‘‘(B) CRIMINAL FINE.—Any person who will- ‘‘(B) CALLER IDENTIFICATION SERVICE.—The fully and knowingly violates this subsection term ‘caller identification service’ means continue to support organizations, shall upon conviction thereof be fined not any service or device designed to provide the health care providers, and even our more than $10,000 for each violation, or 3 user of the service or device with the tele- friends who work so hard to raise times that amount for each day of a con- phone number of, or other information re- awareness about cancer, particularly tinuing violation, in lieu of the fine provided garding the origination of, a call made using cancer prevention and early detection. by section 501 for such a violation. This sub- a telecommunications service or IP-enabled Fortunately, many forms of cancer can paragraph does not supersede the provisions voice service. Such term includes automatic be prevented altogether, such as skin of section 501 relating to imprisonment or number identification services. cancer and lung cancer. In addition, at the imposition of a penalty of both fine and ‘‘(C) IP-ENABLED VOICE SERVICE.—The term least half of all new cancer cases can be imprisonment. ‘IP-enabled voice service’ has the meaning ‘‘(6) ENFORCEMENT BY STATES.— given that term by section 9.3 of the Com- prevented or detected earlier by ‘‘(A) IN GENERAL.—The chief legal officer of mission’s regulations (47 C.F.R. 9.3), as those screening, and if detected early a State, or any other State officer author- regulations may be amended by the Commis- enough, more than 75 percent of all ized by law to bring actions on behalf of the sion from time to time. people could be saved when cancer is residents of a State, may bring a civil ac- ‘‘(9) LIMITATION.—Notwithstanding any most treatable. tion, as parens patriae, on behalf of the resi- other provision of this section, subsection (f) For breast cancer, early detection dents of that State in an appropriate district shall not apply to this subsection or to the has been proven to reduce mortality. court of the United States to enforce this regulations under this subsection.’’. This is encouraging, due to the fact subsection or to impose the civil penalties for violation of this subsection, whenever the f that 1 in 8 women in the United States chief legal officer or other State officer has EARLY CANCER DETECTION will develop breast cancer in her lifetime. reason to believe that the interests of the MONTH residents of the State have been or are being In 2008 alone, the overall cost of can- threatened or adversely affected by a viola- Mr. REID. I ask unanimous consent cer in the United States was estimated tion of this subsection or a regulation under that the Health, Education, Labor, and at $228.1 billion. Greater awareness and this subsection. Pensions Committee be discharged early detection of all cancers will not ‘‘(B) NOTICE.—The chief legal officer or from further consideration of H. Con. only save tens of thousands of lives, other State officer shall serve written notice Res. 158 and the Senate proceed to the but also greatly reduce the financial on the Commission of any civil action under consideration of that matter. subparagraph (A) prior to initiating such strain on the government and private civil action. The notice shall include a copy The PRESIDING OFFICER. Without health care services by detecting can- of the complaint to be filed to initiate such objection, it is so ordered. cer before it requires very expensive civil action, except that if it is not feasible The clerk will report the concurrent treatment. for the State to provide such prior notice, resolution by title. Cancer has taken an enormous toll the State shall provide such notice imme- The legislative clerk read as follows: on our society’s health and economy. diately upon instituting such civil action. A concurrent resolution (H. Con. Res. 158) But this disease, in all its forms, is ‘‘(C) AUTHORITY TO INTERVENE.—Upon re- expressing support for the designation of an often detectible at early stages. By des- ceiving the notice required by subparagraph Early Detection Month for breast cancer and ignating a month to focus on early de- (B), the Commission shall have the right— all forms of cancer. tection for breast cancer and all other ‘‘(i) to intervene in the action; ‘‘(ii) upon so intervening, to be heard on all There being no objection, the Senate forms of cancer, we will address some matters arising therein; and proceeded to consider the concurrent of the principle challenges that inhibit ‘‘(iii) to file petitions for appeal. resolution. screening and prolong detection. En- ‘‘(D) CONSTRUCTION.—For purposes of Mrs. HAGAN. Mr. President, I rise in hanced awareness and screening are bringing any civil action under subparagraph support of Senate passage of H. Con. the keys to reducing morbidity and (A), nothing in this paragraph shall prevent Res. 158, the House companion to a res- mortality from cancer and reducing the chief legal officer or other State officer olution I introduced last August to the financial and emotional stress that from exercising the powers conferred on that highlight greater awareness of breast this disease places on Americans. officer by the laws of such State to conduct I want to thank Senator RICHARD investigations or to administer oaths or af- and other cancers by designating an firmations or to compel the attendance of early cancer detection month. This DURBIN for joining me in cosponsoring witnesses or the production of documentary House resolution is sponsored by my the Senate resolution. I also would like and other evidence. good friend and colleague from North to thank Representative ETHERIDGE for ‘‘(E) VENUE; SERVICE OR PROCESS.— Carolina, Congressman BOB ETHERIDGE. sponsoring the House companion, ‘‘(i) VENUE.—An action brought under sub- Almost every person has been which passed on January 21. I am ex- paragraph (A) shall be brought in a district touched by cancer, either personally or tremely pleased that both Chambers court of the United States that meets appli- through a family member or friend who have been supportive of this issue and cable requirements relating to venue under has suffered from some form of the dis- that the Senate is adopting this con- section 1391 of title 28, United States Code. current resolution today. ‘‘(ii) SERVICE OF PROCESS.—In an action ease. Sadly, every year, more than 2 million new cases of cancer are diag- Mr. REID. I ask unanimous consent brought under subparagraph (A)— that the concurrent resolution be ‘‘(I) process may be served without regard nosed in the United States. to the territorial limits of the district or of The most common forms of cancer di- agreed to, the preamble be agreed to, the motions to reconsider be laid on the State in which the action is instituted; agnosed in Americans are skin cancer, the table, that there be no intervening and breast cancer in women, prostate can- action or debate, and any statements ‘‘(II) a person who participated in an al- cer in men, lung cancer, and colorectal leged violation that is being litigated in the relating to this matter be printed in cancers. And it is estimated that in civil action may be joined in the civil action the RECORD. without regard to the residence of the per- 2009, over half a million Americans died The PRESIDING OFFICER. Without son. from all types of cancer. objection, it is so ordered. ‘‘(7) EFFECT ON OTHER LAWS.—This sub- Last year, in North Carolina, there The concurrent resolution (H. Con. section does not prohibit any lawfully au- were an estimated 42,270 new cases of Res. 158) was agreed to. thorized investigative, protective, or intel- cancer and more than 18,000 deaths due The preamble was agreed to. ligence activity of a law enforcement agency to cancer. Of those lost, 1,300 deaths f of the United States, a State, or a political were from breast cancer in women and subdivision of a State, or of an intelligence 860 deaths from prostate cancer. RECOGNIZING THE AMERICAN agency of the United States. KENNEL CLUB ‘‘(8) DEFINITIONS.—For purposes of this sub- Current cancer treatments include section: surgery, radiation, chemotherapy, hor- Mr. REID. I ask unanimous consent ‘‘(A) CALLER IDENTIFICATION INFORMA- mone therapy, biological therapy, and that the Judiciary Committee be dis- TION.—The term ‘caller identification infor- targeted therapy; however, there is no charged from further consideration of

VerDate Nov 24 2008 01:01 Feb 24, 2010 Jkt 089060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\A23FE6.007 S23FEPT1 jbell on DSKDVH8Z91PROD with SENATE February 23, 2010 CONGRESSIONAL RECORD — SENATE S715 S. Res. 393, and we now proceed to its verification and genetic identity to ensure look more than ever to engineers and their consideration. reliable registration records; imagination, knowledge, and analytical The PRESIDING OFFICER. Without Whereas the American Kennel Club created skills to meet the challenges of the future; objection, it is so ordered. and supports the Canine Health Foundation Whereas engineers play a crucial role in The clerk will report the resolution (CHF), which funds research projects focus- developing the consensus engineering standing on the genetics of disease, the canine ge- ards that promote global collaboration and by title. nome map, and clinical studies, and has do- support reliable infrastructures; The legislative clerk read as follows: nated over $22,000,000 to the CHF since 1995; Whereas the sponsors of National Engi- A resolution (S. Res. 393) recognizing the Whereas the American Kennel Club created neers Week are working together to trans- contributions of the American Kennel Club. and operates DOGNY: America’s Tribute to form the engineering workforce through There being no objection, the Senate Search and Rescue Dogs, which supports ca- greater inclusion of women and underrep- proceeded to consider the resolution. nine search and rescue organizations across resented minorities; Mr. REID. I ask unanimous consent the United States; Whereas the 2009 National Academy of En- the resolution be agreed to, the pre- Whereas the American Kennel Club annu- gineering and National Research Council really awards $170,000 in scholarships to veteri- port entitled ‘‘Engineering in K-12 Edu- amble be agreed to, the motions to re- nary and veterinary technical students; cation’’ highlighted the potential role for en- consider be laid on the table, there be Whereas the American Kennel Club has re- gineering in primary and secondary edu- no intervening action or debate, and united more than 340,000 lost pets and their cation as a method to improve learning and any statements relating to this matter owners through the AKC Companion Animal achievement in science and mathematics, in- be printed in the RECORD. Recovery (CAR) program; crease awareness of engineering and the The PRESIDING OFFICER. Without Whereas the American Kennel Club estab- work of engineers, help students understand objection, it is so ordered. lished the AKC Canine Good Citizen pro- and engage in engineering design, build in- The resolution (S. Res. 393) was gram, which certifies dogs with good man- terest in pursuing engineering as a career, agreed to. ners at home and in the community; and increase technological literacy; Whereas the American Kennel Club main- Whereas an increasing number of the ap- The preamble was agreed to. tains the world’s largest dog library and the proximately 1,500,000 engineers in the United The resolution, with its preamble, Museum of the Dog in St. Louis, which States are nearing retirement; reads as follows: houses one of the world’s largest collections Whereas National Engineers Week has de- S. RES. 393 of dog-related fine art and artifacts, both of veloped into a formal coalition of more than Whereas the American Kennel Club (AKC), which are open to the public; and 100 professional societies, major corpora- headquartered in New York City, with an op- Whereas the American Kennel Club cele- tions, and government agencies that are erations center in Raleigh, North Carolina, brates its 125th anniversary this year: Now, dedicated to ensuring a diverse and well-edu- was founded in 1884, operates the world’s therefore, be it cated engineering workforce, promoting lit- largest registry of purebred dogs and is the Resolved, That the Senate honors the eracy in science, technology, engineering, Nation’s leading not-for-profit organization American Kennel Club for its service to dog and math, and raising public awareness and devoted to the advancement, study, respon- owners and the United States public. appreciation of the contributions of engi- sible breeding, care, and ownership of dogs; f neers to society; Whereas the American Kennel Club ap- Whereas National Engineers Week is cele- proves, sanctions, and regulates the events SUPPORTING THE GOALS OF brated during the week of George Washing- of its 609 member clubs and monitors more NATIONAL ENGINEERS WEEK ton’s birthday to honor the contributions than 4,000 licensed and sanctioned clubs Mr. REID. I ask unanimous consent that the first President, who was both a throughout the United States who hold military engineer and a land surveyor, made that the Commerce Committee be dis- to engineering; and events under American Kennel Club rules charged from consideration of S. Res. and regulations; Whereas, February 14, 2010, to February 20, Whereas in 2008, the American Kennel Club 417 and we now move to that matter. 2010, has been designated as National Engi- sanctioned or regulated 22,630 sporting The PRESIDING OFFICER. Without neers Week by the National Engineers Week events that included breed conformation, objection, it is so ordered. Foundation and its coalition members: Now, agility, obedience, earthdog, herding, field The clerk will report the resolution therefore, be it trial, retrieving, pointing, tracking, and by title. Resolved, That the Senate— coonhound events; The legislative clerk read as follows: (1) supports the goals and ideals of Na- tional Engineers Week to increase under- Whereas the American Kennel Club honors A resolution (S. Res. 417) supporting the the canine-human bond, advocates for the standing of and interest in engineering ca- goals and ideals of National Engineers Week, reers and to promote technological literacy purebred dog as a family companion, ad- and for other purposes. vances canine health and well-being, works and engineering education; and to protect the rights of all dog owners, and There being no objection, the Senate (2) continues to work with the engineering promotes responsible dog ownership; proceeded to consider the resolution. community to ensure that the creativity and Whereas the American Kennel Club pro- Mr. REID. I ask unanimous consent contributions made by engineers can be ex- motes responsible dog ownership and breed- that the resolution be agreed to, the pressed through research, development, ing practices and supports thousands of vol- preamble be agreed to, the motions to standardization, and innovation. unteers and teachers from affiliated clubs reconsider be laid on the table, there be f across the country who teach responsible dog no intervening action or debate, and ORDERS FOR WEDNESDAY, ownership and safety around dogs; Whereas the American Kennel Club found- any statements relating to this matter FEBRUARY 24, 2010 ed and supports the AKC Humane Fund, be printed in the RECORD. Mr. REID. Mr. President, I now ask which promotes the joy and value of respon- The PRESIDING OFFICER. Without unanimous consent that when the Sen- sible pet ownership by supporting breed res- objection, it is so ordered. ate completes its business today, it ad- cue activities, educating adults and children The resolution (S. Res. 417) was journ until 9:30 a.m., Wednesday, Feb- about responsible dog ownership, and assist- agreed to. ruary 24; that following the prayer and ing human-services organizations that per- The preamble was agreed to. pledge, the Journal of proceedings be mit domestic abuse victims access to shel- The resolution, with its preamble, approved to date, the morning hour be ters with their pets; reads as follows: Whereas the American Kennel Club trains deemed expired, the time for the two and employs kennel inspectors and conducts S. RES. 417 leaders be reserved for their use later over 5,200 kennel inspections each year; Whereas engineers use their professional, in the day, and the Senate resume con- Whereas the American Kennel Club pro- scientific, and technical knowledge and sideration of the House message with motes responsible dog ownership, care, and skills in creative and innovative ways to ful- respect to H.R. 2847, with the time handling of dogs to over 21,000 youths ages 9 fill the needs of society; until 9:55 a.m. equally divided and con- to 18 years old enrolled in its National Jun- Whereas engineers have helped to address trolled between the two leaders or ior Organization; the major technological and infrastructural their designees. Whereas the American Kennel Club is the challenges of our time, including providing The PRESIDING OFFICER. Without largest purebred dog registry in the world water, defending the Nation, and developing and the only registry that incorporates clean energy technologies that are needed to objection, it is so ordered. health screening results into its permanent power the American people into the future; f dog records; Whereas engineers are a crucial link in re- PROGRAM Whereas the American Kennel Club offers search, development, and the transformation the largest and most comprehensive set of of scientific discoveries into useful products Mr. REID. Mr. President, at 9:55 a.m. DNA programs for the purposes of parentage and jobs, as the people of the United States tomorrow, the Senate will proceed to a

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IN HONOR OF WALTER I join Walter’s children Doug and Carole, his SUPPORTING THE HAWAII FES- SHORENSTEIN’S 95TH BIRTHDAY grandchildren Brandon, Sandra, Danielle, TIVAL OF RELIGIOUS FREEDOM Wally, and Grace, and family, friends and col- HON. NANCY PELOSI leagues in wishing Walter a happy 95th birth- HON. NEIL ABERCROMBIE day. OF CALIFORNIA OF HAWAII IN THE HOUSE OF REPRESENTATIVES f IN THE HOUSE OF REPRESENTATIVES Tuesday, February 23, 2010 RECOGNIZING BLACK HISTORY Tuesday, February 23, 2010 Ms. PELOSI. Madam Speaker, I rise today MONTH Mr. ABERCROMBIE. Madam Speaker, I rise to pay tribute to Walter Shorenstein—a promi- today to commend the Hawaii Festival of Reli- nent San Franciscan, a great American and a SPEECH OF gious Freedom. dear friend. He is a man of extraordinary vi- This festival, which shared with the commu- sion and leadership, of generosity and wise HON. SANFORD D. BISHOP, JR. nity many presentations on religious liberty by counsel. And today, it is my distinct honor and OF GEORGIA experts from various faiths, aimed to build privilege to mark his 95th birthday on the floor IN THE HOUSE OF REPRESENTATIVES public awareness and support for religious lib- of the House of Representatives. Monday, February 22, 2010 erty; bring civic, political, and faith leaders to- Along with his late wife, Phyllis, Walter used Mr. BISHOP of Georgia. Madam Speaker, I gether to foster greater mutual understanding, the tools of philanthropy and civic activism to am pleased to join my distinguished colleague respect, and cooperation; and promote the build a better San Francisco. Their gifts to the AL GREEN in co-sponsoring H. Res. 1046, aloha spirit of religious freedom internationally. Bay Area’s academic and cultural institutions which recognizes the significance of Black have been an example to all who wish to In anticipation of the festival, the Hawaii History Month. leave a mark on our city’s future. Their willing- State Legislature proposed legislation includ- This year, Black History Month marks Abra- ness to give—to donate their time, hospitality, ing H.R. No. 74 and H.C.R. No. 92 to recog- ham Lincoln’s 201st birthday, as well as our and passion to others—has touched and influ- nize July as Religious Freedom Month in Ha- nation’s first anniversary of the inauguration of enced many lives. waii. an African-American president. This remark- One of San Francisco’s most distinguished Organized by Alan Reinach, held by the Ha- able fact truly shows the capacity of our soci- business leaders, Walter Shorenstein is a true waii Conference of Seventh-Day Adventists, ety to transform. Since 1926, February has pioneer, a visionary who helped shape our and cosponsored by Liberty Magazine, North been dedicated to giving Americans of every city’s magnificent skyline and who worked to American Religious Liberty Association, and ethnicity and race the opportunity to reflect on make San Francisco into the global economic the International Religious Liberty Association, the struggles of the past and look forward to and commercial center it is today. His leader- I would like to commend Earl Stuckey, Jr., Ha- an even brighter future as we continue work- ship has been recognized by presidents and waii Conference President of the Hawaii Fes- ing to ensure equality for all Americans. Black other world leaders, as well as the people of tival of Religious Freedom, for his great work History Month is also a reminder that there will San Francisco. to coordinate the festival’s musical program. In still be challenges ahead, and we must stay After serving in World War II, Walter arrived ‘‘orchestrating’’ this festival, I am pleased to united as freedom-loving Americans to over- in San Francisco in 1946 and began work in know that people of all religious faiths gath- come them. commercial real estate with the brokerage firm ered in Hawaii to share their inspiration and One sign of this progress is the United Milton Meyer & Company. By 1960, he had music, individually and collectively. It reflects States Department of Agriculture’s recent an- become President and sole owner of Milton the Aloha State’s reputation as the ‘‘melting nouncement of a settlement in the Pigford Meyer, renamed it the Shorenstein Company, pot of the Pacific.’’ Case—a lawsuit brought by plaintiffs who and transformed it into the largest owner and were black farmers who sued for compensa- operator of commercial real estate in San f tion for the harm they suffered as a result of Francisco and one of the largest privately unlawful actions of USDA government agents HONORING MR. MICHAEL DOVE owned real estate firms in the nation. As firm believers in the power and promise regarding loan applications. of a strong education—and in memory of their Many African-Americans still struggle with HON. BRIAN HIGGINS disparities in their workplace, in their edu- beloved daughter Joan—Walter and Phyllis OF NEW YORK cational opportunities, and in their health care. founded the Joan Shorenstein Center on IN THE HOUSE OF REPRESENTATIVES We still have a long way to go before the Press, Politics and Public Policy at Harvard’s Tuesday, February 23, 2010 Kennedy School of Government. He also dream of Dr. Martin Luther King, Jr. and his sponsors the Shorenstein Initiative at Stanford brethren in the Civil Rights Movement be- Mr. HIGGINS. Madam Speaker, I rise today University’s Asia/Pacific Research Center, as comes a reality. Let us reeducate ourselves to pay tribute to the years of service given to well as programs at UC Berkeley’s Institute of this year as we do every February, to making the people of Chautauqua County by Mr. Mi- East Asian Studies. He is the single largest our country a better, fairer, and kinder place chael Dove. Mr. Dove served his constituency donor in the U.S. to the United Way. for all Americans. faithfully and justly during his tenure as a For Giants fans, Walter was a leader in f member of the Carroll Town Council. keeping our beloved baseball team in San Public service is a difficult and fulfilling ca- Francisco, galvanizing investors, local busi- PERSONAL EXPLANATION reer. Any person with a dream may enter, but nesses, and the team’s faithful fans to take only a few are able to reach the end. Mr. action and preserve our national pastime in HON. STEVE KING Dove served his term with his head held high our city. OF IOWA and a smile on his face the entire way. I have Walter and Phyllis proudly and lovingly IN THE HOUSE OF REPRESENTATIVES no doubt that his kind demeanor left a lasting raised three children: Joan, Carole and Doug. impression on the people of Chautauqua Doug Shorenstein became Chairman and Tuesday, February 23, 2010 County. CEO of the Shorenstein Company in 1995. Mr. KING of Iowa. Madam Speaker, on roll- We are truly blessed to have such strong in- Carole Shorenstein Hays is a Tony Award- call No. 19 I was unable to vote because my dividuals with a desire to make this county the winning Broadway producer and President of arrival in Washington from Iowa was delayed wonderful place that we all know it can be. Mr. SHN, a theatrical entertainment company in by severe winter weather. Dove is one of those people and that is why, San Francisco. Joan, a political journalist and Had I been present, I would have voted Madam Speaker, I rise to pay tribute to him producer at CBS News, died in 1985. ‘‘yes.’’ today.

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

VerDate Nov 24 2008 04:53 Feb 24, 2010 Jkt 089060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\A23FE8.001 E23FEPT1 smartinez on DSKB9S0YB1PROD with REMARKS E202 CONGRESSIONAL RECORD — Extensions of Remarks February 23, 2010 IN HONOR OF CAPTAIN DANIEL P. Mack’s legacy will continue to benefit the to celebrate Black History Month and its 2010 MACK United States Navy for years to come. Wheth- theme—The History of Black Economic Em- er as a Company Officer at the Naval Acad- powerment. With the current economic strug- HON. JOE SESTAK emy, Prospective Executive Officer instructor gles facing our nation, it is fitting that this OF PENNSYLVANIA at Naval Submarine School, or as Commander year’s theme focuses on honoring those indi- IN THE HOUSE OF REPRESENTATIVES of Submarine Squadrons Sixteen and Twenty, viduals and organizations that have had an immense impact on society during our most Tuesday, February 23, 2010 Captain Mack’s career has deeply and positively affected the lives of countless Ship- difficult times. Throughout our nation’s history, Mr. SESTAK. Madam Speaker, I would like mates—improving their futures as Sailors and time and time again, African American com- to honor a man who has dedicated his life to citizens. munities have found strength and purpose in courageous and exemplary service to our Na- I salute his committed service to our Nation. coming together to rise above unfortunate cir- tion, Captain Daniel P. Mack of the United Moreover, I wish him and his three magnifi- cumstances, and I rise today to pay tribute to States Navy. cent children Maggie, Daniel and Timothy those who have demonstrated such remark- Through his 27-year career, Captain Mack great happiness as they embark on this new able leadership. consistently demonstrated his dedication, dili- chapter in their lives. I am certain that Captain The theme for this year’s Black History gence, and commitment to our great Nation. Mack will remain successful and productive in Month, The History of Black Economic Em- The son of John Francis Mack, a World War every future endeavor. powerment, is a reminder that in striving for a II veteran, and Helen Marie Conboy Mack, he f greater society, we must examine the past. was born February 18, 1960. He graduated Few organizations can match the impact that from the Naval Academy in 1982. After being CELEBRATING THE 100TH ANNI- the National Urban League has had on pro- commissioned, Captain Mack attended Nu- VERSARY OF THE RICHMOND moting economic empowerment in our nation’s clear Power School and Naval Submarine BRANCH OF THE FREE LIBRARY urban communities. The National Urban School and reported aboard the USS John OF PHILADELPHIA League has been a cornerstone of commu- Adams. After completing six deterrent patrols nities across America in carrying out its mis- over a period of three years, he joined the HON. ALLYSON Y. SCHWARTZ sion, to enable African Americans to secure staff of the Naval Academy, serving as 24th OF PENNSYLVANIA economic self-reliance, parity, power and civil Company Officer and Executive Assistant to IN THE HOUSE OF REPRESENTATIVES rights. As the National Urban League cele- the Commandant of Midshipmen. In 1990, he Tuesday, February 23, 2010 brates a remarkable milestone, its 100th anni- reported to the USS Puffer, which completed versary, we take this time to remember the Ms. SCHWARTZ. Madam Speaker, I rise Pacific and Arctic patrols during his time outstanding contributions of those visionaries today to honor and congratulate the Richmond aboard, and he was awarded the Meritorious who sought to bring about hope during the Branch of the Free Library of Philadelphia on Unit Commendation. bleakest of times and to recognize those who its momentous 100th Anniversary. The Rich- In 1995, Captain Mack graduated with the have carried on their work. highest distinction from the College of Com- mond Branch is located in the Port Richmond As the Representative for the First Congres- mand and Staff at the Naval War College. section of Northeast Philadelphia which was sional District of Indiana, I have had the pleas- After earning his Master’s Degree in Inter- once home to the busiest port along the Atlan- ure of representing the Urban League of national Relations and National Security Af- tic seaboard. Northwest Indiana and the honor of knowing While the Richmond Library officially opened fairs, he was assigned to Executive Officer one of the organization’s most influential mem- on March 15, 1910, the library’s inception duty aboard the USS Phoenix. He completed bers, Ms. Eloise Gentry. Ms. Gentry passed dates back to 1897 when a ‘‘Traveling Library’’ Phoenix’s final deployment, during which she away on August 20, 2009, after leading the that was open two nights each week was es- earned the 1996 Fleet Silver Anchor Award Urban League of Northwest Indiana for more tablished in a flour and feed store located in and a Meritorious Unit Commendation. Cap- than thirty years. While Ms. Gentry is missed the heart of the Port Richmond neighborhood. tain Mack then returned to the Naval Sub- by all of Northwest Indiana, the impact she In that same year a group of Protestant min- marine School, where he served as Prospec- has had on her community, not only as the isters rallied the community to establish a tive Executive Officer instructor. president and chief executive officer of the neighborhood library which featured expanded In January 2000, Captain Mack assumed Urban League but also as an educator in the hours. The library was moved to the Mutual command of USS Houston. Under his guid- Gary Community School Corporation and in Hall Association at Richmond Street and Neff ance, the boat earned the CINCPACFLT Re- her many other community service under- Street, which is now Indiana Avenue. This tention Award, for outstanding personnel de- takings, will continue to resonate for genera- neighborhood library was named the Port velopment and the highest retention rate in the tions to come. As an educator, activist, and Richmond Branch and housed 3000 books. Pacific. community leader, Ms. Gentry has touched In 1908, the cornerstone of the current After completing his tour as Commanding thousands of lives. branch was laid through the generosity of both Officer, Captain Mack served as Deputy Com- As her obituary read, ‘‘First and foremost, Andrew Carnegie, who endowed the Free Li- mander of Submarine Squadron 11. He then Eloise Gentry was an EDUCATOR.’’ I cannot brary of Philadelphia with a financial gift to served on the Joint Staff in the Strategic Plans think of a more fitting one-word description. construct library buildings, and Anne W. and Policy Division. Captain Mack also served From those she taught in the classroom to Penfield, who was considered the wealthiest as Nuclear Policy Division Chief and as the those she worked closely with at the Urban woman in America at the time, who donated Nuclear Weapons Council advisor to the Vice League to those whose lives she improved the land at 2987 Almond Street for the library. Chairman of the Joint Chiefs of Staff. He also through her work, everyone who had the The building was renovated in 1994 as part of reported to the Navy Staff where he held sev- pleasure of knowing Ms. Gentry learned from the city’s ‘‘Changing Lives’’ campaign, which eral vital positions. her, if not by her words then by her example. In 2007, Captain Mack assumed command brought Internet service to this library as well While we have lost a pillar of our commu- of Submarine Squadrons Sixteen and Twenty as other libraries across Philadelphia. nity, Eloise Gentry’s lasting impression and Madam Speaker, I ask that my colleagues where he oversaw the development and train- the efforts of the Urban League of Northwest join me in celebrating the Richmond Library’s ing of sixteen separate submarine crews. Indiana continue on today. Under the leader- 100th anniversary milestone and wish the Even by the military’s high standards, Cap- ship of newly appointed president and chief friends, staff, and patrons many more years of tain Mack’s record of achievement stands out. executive officer, Vanessa Allen, the Urban community enrichment and service. His personal awards include the Defense Su- League of Northwest Indiana, along with the perior Service Medal, awarded for ‘‘superior f more than one hundred local affiliates across meritorious service in a position of significant CONGRESSIONAL BLACK CAUCUS America, continues to strive to provide eco- responsibility’’, the Legion of Merit, awarded nomic empowerment and educational opportu- for ‘‘exceptionally meritorious conduct in the SPEECH OF nities for African Americans while seeking to performance of outstanding services,’’ as well HON. PETER J. VISCLOSKY ensure their civil rights. as multiple awards of the Meritorious Service It is the efforts of organizations like the Na- OF INDIANA Medal, Navy and Marine Corps Commenda- tional Urban League and its affiliates that IN THE HOUSE OF REPRESENTATIVES tion Medal, and Navy and Marine Corps allow us to reflect on what makes the United Achievement Medal. Monday, February 22, 2010 States of America so special. While the United While the Navy is losing one of its finest of- Mr. VISCLOSKY. Madam Speaker, it is with States is made up of people from so many dif- ficers after his retirement this month, Captain great respect and sincere admiration that I rise ferent racial, religious, social, and ideological

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Madam Speaker, I ask that you and my dis- Congressional Black Caucus, among others, (2) IMMEDIATE INVESTMENT IN THE INFRASTRUC- tinguished colleagues join me in recognizing the final legislation must provide tools for TURE OF SCHOOLS AND PUBLIC TRANSIT the tireless dedication of the members of orga- ensuring that stimulus funds go to the places Provide $20 billion for school maintenance nizations such as the National Urban League, and people most in need, especially those re- and repair, with funds allocated in accord- who continue their selfless work today, and I gions where homeowners were targeted by ance with the ESEA Title I formulas. Ac- ask that you join me in remembering a true unscrupulous mortgage lenders and where cording to the Economic Policy Institute, hero, Ms. Eloise Gentry, one of Northwest In- job loss has been higher than average. Ac- this could generate 250,000 skilled mainte- cordingly, we urge Congress to adopt legisla- diana’s finest citizens. nance and repair jobs. In addition, provide tion that provides for: $50 billion in capital funds for the lowest-in- f (1) FAST TRACK CREATION OF JOBS IN THE PUB- come school districts. NATIONAL JOB CRISIS LIC SECTOR THAT SERVE COMMUNITY-LEVEL Prioritize investments in public transpor- NEEDS tation, including regional systems that con- Appropriate $40 billion a year for two years nect housing, jobs, and local services to im- HON. BARBARA LEE to create employment opportunities for un- prove access to healthy foods, medical care, OF CALIFORNIA employed and underemployed residents of and other basic services. Create clear guide- IN THE HOUSE OF REPRESENTATIVES distressed communities. Under this proposal, lines to ensure that communities with high unemployment and poverty rates are served, Tuesday, February 23, 2010 the Department of Labor would administer grants to states, local governments, and In- and expand on language in the ARRA by cre- Ms. LEE of California. Madam Speaker, I dian tribes. Five percent of funds would be ating strong accountability and enforcement submit the following letter: reserved for Indian tribes and discretionary measures tied to achieving equitable economic benefits. FEBRUARY 19, 2010. grants, 30 percent would be allocated to Both programs should include safeguards Hon. NANCY PELOSI, states to be re-granted to small localities, to ensure that job creation results in wide- Speaker of the House, House of Representatives, and the remaining funds allocated to metro- spread impact for all workers. For example, Washington, DC. politan cities and counties under the Com- contractors receiving federal dollars should Hon. HARRY REID, munity Block Grant formula. Implementa- ensure that at least 15–30 percent of project tion would occur in two phases. The first Majority Leader, U.S. Senate, work-hours are worked by local residents phase would fast-track job creation for nine Washington, DC. who are lower income, people of color, DEAR SPEAKER PELOSI AND MAJORITY LEAD- months in public service-oriented work women, or who are otherwise underrep- ER REID:We write on behalf of the broad civil projects. The second would provide job cre- resented in the construction industry. Where rights and human rights communities to ation on projects that serve areas with the joint apprenticeship programs are located urge swift action on a national crisis that is greatest economic need, integrate education near a project, contractors should have to affecting us all. Unless we resolve our na- and job training, coordinate with apprentice- maximize the use of registered apprentices tional job crisis, all of our other priorities— ship and pre-apprenticeship programs, and who receive quality training. One percent of from reforming health care and fixing our provide job opportunities in sectors that all dollars for infrastructure investment broken immigration system to expanding offer high growth and the prospect of long should be dedicated to creating a pipeline of economic opportunity for all Americans—are term employment. These initiatives must be workers ready to step into apprenticeship in real jeopardy. In our neighborhoods and designed so that they maintain existing programs and construction careers. The Sec- communities, people are calling for bold ac- wage and benefit standards and do not dis- retary of Labor should be authorized to en- tion to rebuild the economy. place existing jobs or simply exchange one sure that public agencies and contractors re- A recovery plan is needed that rescues group of unemployed workers for another. A ceiving federal funds utilize Community Americans from job losses and foreclosures, number of models for public employment Workforce Agreements. and that lays the foundation for a more pros- have been proposed, including H.R. 4268, the (3) PREVENTION OF FORECLOSURES perous future for all. The lack of decent jobs, Put America to Work Act of 2009, sponsored the fear of losing the family home to fore- by Rep. Keith Ellison (D–MN). Allocate $10 billion of appropriated TARP closure, and the particular impact of both of Invest $1 billion to hire workers to main- funds to HUD to provide fixed-rate, low-in- these problems on minority, tribal, and poor tain and rehabilitate abandoned and fore- terest loans to unemployed people facing neighborhoods are pushing people to the closed properties in neighborhoods by appro- foreclosure who don’t qualify for other a assistance. This program would be modeled on breaking point. In addition, people with dis- priating a second round of funds for the a successful effort by the Pennsylvania-based abilities, who have had historic high levels of Neighborhood Stabilization Program (NSP). Homeowners’ Emergency Mortgage Assist- unemployment, need relief. The economic Under this proposal, at least 30 percent of ance Program (HEMAP). If a homeowner pro- and health care crises are inextricably new NSP jobs would be required to go to eco- vided verification of their unemployment linked as job loss causes the loss of health nomically disadvantaged job-seekers, compensation to his loan servicer, he would insurance coverage, leaving families one prioritizing hiring workers with low-income be automatically approved for a loan that medical crisis away from bankruptcy and and low levels of education, and those not would pay any mortgage above 31 percent of foreclosure. currently receiving UI. At least 30 percent of family income. Loans would be repayable Wall Street received the helping hand it hires would be required to be low-income with interest, but interest would not accrue needed, but the American people are still residents from the areas in which projects and repayments would not begin until the waiting. It is time to require Wall Street to are funded. homeowner’s income was sufficient to allow do its fair share to rescue, restore and re- Provide a work sharing tax credit, as pro- payment. build our cities and neighborhoods. Main posed by Rep. John Conyers (D–MI) in H.R. Allow homeowners to rent back their Street is hurting, and the banks and the fed- 4179, the ‘‘Shortening Hours and Retaining homes at market rates for up to ten years eral government must do their part to help Employees (SHARE) Credit Act of 2009,’’ following foreclosure. The program would be turn the economy around in ways that all which would minimize layoffs and modeled after the Fannie Mae ‘‘Deed for families can see and feel. incentivize new hiring. The tax credits would Lease’’ program that gives former owners The House has passed a jobs bill that is be used to pay firms to shorten the typical the option to lease their recently-foreclosed awaiting action in the Senate. In his State of workweek or work year, while keeping pay properties and that targets neighborhoods the Union address, President Obama urged constant. This would lead employers to hire with above-average foreclosure rates. the Senate to act quickly on it. We join the additional workers to make up for the fewer Support ‘‘cram down’’ provisions to allow President’s call to Congress, and strongly hours worked by their incumbent work force. bankruptcy court judges to approve changes urge the House and Senate to enact bold leg- A rough estimate is that this tax credit to mortgage contracts for homeowners in islation that provides immediate relief to would create a net total of 1.3 to 2.7 million bankruptcy, such as extending repayment people who are out of work and employers jobs. Funding work sharing would be cost-ef- periods, reducing interest rates and fees, and that are unable to maintain their fective and efficient, and would very quickly adjusting the principal balance of mort- workforces. As included in the House legisla- make a big dent in the unemployment rate. gages. tion, it is critical that substantial fiscal re- Extend through FY2011 the time during Implementing our proposals would swiftly lief be made available to help stabilize State which states and localities are allowed to use stabilize neighborhoods and stem the human and local governments, and to preserve es- existing TANF Emergency Contingency suffering in the most distressed parts of the sential services and safety net programs in Funds, which can be used to create sub- country. While these are temporary invest- our communities and the jobs of tens of sidized jobs, as well as to improve access to ments, all would leave the kind of lasting thousands of workers around the country. cash assistance and other one-time assist- benefits for homeowners, workers, and stu- Similarly, and again as included in the ance for low-income families. These funds dents, which would generate long term bene- House legislation, the extension and im- were authorized in the ARRA, and under cur- fits to the economy and nation. By ensuring

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HONORING MICHAEL BAIRD Sincerely, International and was a lifetime member of the AFL–CIO; American Federation of State, National Association for the Advancement of County and Municipal Employees; Asian Colored People, NAACP. HON. PETER J. VISCLOSKY American Justice Center; American Associa- Dr. Brown was also an entrepreneur. Along OF INDIANA tion of People with Disabilities; Campaign with a few colleagues, Dr. Brown started and IN THE HOUSE OF REPRESENTATIVES for Community Change; Center for Respon- funded the first African American privately Tuesday, February 23, 2010 sible Lending; Coalition on Human Needs; owned supermarket in West Fresno. He was a Mr. VISCLOSKY. Madam Speaker, it is with Communications Workers of America; real estate developer, a music producer, a co- Demos; Economic Policy Institute; Half in great pleasure that I take this time to honor owner of Robert’s Collision Repair business, a Ten; Japanese American Citizens League; one of Northwest Indiana’s most respected Lawyers’ Committee for Civil Rights Under co-owner of Just Julia’s Jewelry business and business and community leaders, Mr. Michael Law; National Association for the Advance- had his own record label, Gimini Twins and Baird, from Valparaiso, Indiana. On January ment of Colored People; National Congress of Brownstone Entertainment. Dr. Brown was a 21, 2010, Mike was honored by the Northwest American Indians; National Council of La benefactor for Second Baptist Church, North- Indiana Forum in appreciation for his many Raza; National Partnership for Women and west Church, Youth for Christ, Meharry Med- Families; Policy Link; Service Employees years of service as a dedicated executive and ical College, Edison High School, Fresno for his numerous contributions to the commu- International Union; The Leadership Con- Westside Seventh Day Adventist Church and ference on Civil and Human Rights; United nity of Northwest Indiana. The celebration took Methodist Church, General Board of Church Family Community Church, where he served place at the Avalon Manor in Merrillville, Indi- and Society; United Methodist Episcopal as deacon and deacon emeritus. For his enor- ana. Churches; United States Student Associa- mous contributions to the community, Dr. Mike Baird’s professional and academic cation; United Steelworkers; USAction. Brown has been recognized by a number of reer led him to become a prominent leader in f organizations; including West Fresno Health the banking industry for thirty-seven years. In Care Coalition and the local NBC affiliate, 1970, Mike earned a Bachelor’s degree in HONORING WILLIE BROWN, SR., KSEE Channel 24. Marketing from Indiana University. Prior to M.D. Dr. Brown and his wife, Julia, were married graduate school, he worked as a representa- for 54 years. Together they raised three chil- tive for Hallmark Cards and also served in the HON. GEORGE RADANOVICH dren and had six grandchildren. United States Naval Reserve. In 1975, Mike OF CALIFORNIA Madam Speaker, I rise today to post- went on to earn his Master’s of Business Ad- IN THE HOUSE OF REPRESENTATIVES humously honor Dr. Willie Brown, Sr. I invite ministration degree in Finance from Indiana my colleagues to join me in honoring his life Tuesday, February 23, 2010 University. Mike then began his career man- and wishing the best for his family. aging a middle-market lending division for Mr. RADANOVICH. Madam Speaker, I rise f Continental Bank in Chicago, covering both today to posthumously honor Willie Brown, Sr. HONORING LEMARC HUMPHREY’S the Michigan and Indiana markets. In 1988, M.D. upon being honored with the ‘‘Trail Blaz- Mike joined Mercantile Bank as Senior Vice ers Award’’ by the African American Museum. ACT OF HEROISM IN JACKSON STATE SHOOTING President, Chief Lending Officer, a position he Dr. Brown will be honored at the African held until 2004 when he assumed the position American History Month Celebration and Ban- of Chief Credit Officer. In addition, Mike also quet on Saturday, February 6, 2010 in Fresno, HON. BENNIE G. THOMPSON served on the board of directors at Mercantile OF MISSISSIPPI California. Bank from 1999 to 2004. In December 2004, IN THE HOUSE OF REPRESENTATIVES Dr. Willie Brown was born on January 4, Harris Bank completed the acquisition of the 1932 in rural Mississippi. His father worked as Tuesday, February 23, 2010 Hammond, Indiana-based Mercantile Bancorp a sharecropper and educator and his mother Mr. THOMPSON of Mississippi. Madam Incorporated. On January 1, 2005, Mike joined raised 12 children. Against all odds, he at- Speaker, today I rise to honor Mr. LeMarc Harris Bank as Senior Vice President and tended the University of California, Berkley Humphrey for his heroic actions on Monday Chief Credit Officer for the Northwest Indiana and Meharry Medical College in Nashville, February 1, 2010 at Jackson State University. region. Mike continued to advance in the com- Tennessee during the 1950s. After completing The 21-year-old computer engineer major pany and on January 1, 2008, he became the the program with a medical degree, Dr. Brown rushed to the aid of a wounded and stumbling Northwest Indiana Region President for Harris was accepted as an intern at Fresno County research chemist student, Andrea Scott, after Bank. After many years of devotion to the Hospital, and moved toward becoming an ob- hearing shots behind the John A. People’s banking industry, Mike retired from his remark- stetrician gynecologist. In 1962, he began a Science Building Monday night. The gunman able career in January 2010. private practice. Dr. Brown was the first Afri- fired two shots striking Mrs. Scott in the back In addition to his impressive professional ca- can American specialty board certified physi- of the head, after allegedly trying to rob her. reer, Mike passionately serves the people of cian in Fresno County and the 51st African Mr. Humphrey heroically picked Mrs. Scott up Northwest Indiana through his involvement in American Board Certified obstetrician gyne- out of the pouring rain and rushed her to the many community organizations. Among his cologist in the United States. hospital to receive needed medical attention. many contributions to the community, Mike During Dr. Brown’s 47 year career, he spent Madam Speaker, if it were not for the valiant currently serves as Chairman of the Board of 22 of those years in practice with his son, Dr. effort of Mr. Humphrey, Andrea may have the Northwest Indiana Forum, Vice Chairman Willie Brown, Jr. Together they delivered well never had the chance to tell her story. The of the Board for the Center for Workforce In- over 22,000 babies in Fresno County. Dr. victim’s husband, Bill Scott stated, ‘‘Our coun- novations, Board Member for the Valparaiso Brown’s passion for education never ended, try is in desperate need of repair, and when Economic Development Corporation, Board he was an instructor to many OB/Gyn physi- you find a man like LeMarc, you see he was Member for the Boys & Girls Clubs of North- cians in the area and was recognized as an an American and he did something above and west Indiana, Advisory Board Member for the associate clinical professor in the department beyond the call of duty’’. Mr. Scott would like Northwest Indiana Small Business Develop- of OB/Gyn at the University of California, San to see Mr. Humphrey nominated for the Presi- ment Center, and Advisory Board Member for Francisco in Fresno. dential Medal of Freedom. the Porter County Vocational Career Center. Dr. Brown also served as a Flight Surgeon Madam Speaker, Mr. LeMarc Humphrey Mike’s dedication to his community is ex- and Clinic Commander of the U.S. Air Force was raised in Jackson, MS. He is currently in ceeded only by his devotion to his wonderful 144th Dispensary in the California Air National the Air Force ROTC and played trombone for family. He has been married to his loving wife, Guard. He was honorably discharged as a the Jackson State University ‘‘Sonic Boom of Jeanne, for almost 29 years. They have one Major by the Air Force and is a recipient of the the South’’ Band his freshmen year. After his son, Eric, who is married to Tricia, and three Service Commendation Medal. Dr. Brown freshman year, he chose to leave the band to beloved grandchildren: Nick, Russ, and Molly served as the director of the Office of Family devote more time to the ROTC. Baird. Planning at the Fresno Economic Opportuni- Madam Speaker, this is truly an act of brav- Madam Speaker, at this time, I ask that you ties Commission. He was the founding presi- ery and courage on the behalf of this young and my other distinguished colleagues join me

VerDate Nov 24 2008 04:53 Feb 24, 2010 Jkt 089060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A23FE8.006 E23FEPT1 smartinez on DSKB9S0YB1PROD with REMARKS February 23, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E205 in commending Mr. Michael Baird as he is ing. It is an honor to recognize his remarkable Account: RDTE Army, Line 28 PE honored for his lifetime of service and dedica- road to glory and honor his groundbreaking 0602787A Medical Technology tion to the Northwest Indiana community. Mike career. Legal Name of the Requesting Entity: Uni- continues to touch the lives of countless peo- f versity of Colorado at Colorado Springs, Trau- ple, and for his unselfish, lifelong commitment, ma Health and Hazards Center he is worthy of the highest praise. HONORING MRS. LYDIA YEH Legal Address of the Requesting Entity: f 1420 Austin Bluffs Parkway, Colorado Springs, HON. ILEANA ROS-LEHTINEN CO 80933 E TRIBUTE TO THE D KALB YOUTH OF FLORIDA Description of the Request: $2.4 million is POPS ORCHESTRA AND STILL IN THE HOUSE OF REPRESENTATIVES included in this bill to fund SupportNet, a pro- WATERS YOUTH SINFO-NIA OR- gram through the Trauma, Health, & Hazards Tuesday, February 23, 2010 CHESTRA Center at The University of Colorado at Colo- Ms. ROS-LEHTINEN. Madam Speaker, it rado Springs (UCCS) providing comprehen- HON. HENRY C. ‘‘HANK’’ JOHNSON, JR. gives me great pleasure to honor the accom- sive support for the critical treatment of Army OF GEORGIA plishments and ongoing work of Mrs. Lydia service personnel who are treating mental IN THE HOUSE OF REPRESENTATIVES Yeh and The Cultural and Educational Schol- health problems (e.g., Posttraumatic Stress arship Foundation of the Chinese Women’s Disorder, Depression, Alcohol and Drug Addic- Tuesday, February 23, 2010 Club of Greater Miami/South Florida. tion, etc.) at Fort Carson in Colorado Springs. Mr. JOHNSON of Georgia. Madam Speaker, My Congressional district is blessed to enjoy f Whereas, the DeKalb Youth Pops Orchestra the best of diversity in our melting pot of lan- and Still Waters Youth Sinfo-Nia Orchestra are guages, races and cultures; and among them HONORING THE LIFE AND SERVICE unique tools for service and inspiration for citi- is The Chinese Women’s Club of Greater OF SPECIAL WARFARE OPER- zens around the world; and Miami/South Florida, striving to fundraise and ATOR 2ND CLASS RONALD Whereas, over the past twenty plus years promote cultural activities. TYLER WOODLE OF WAYNES- members of these stellar organizations have Their scholarship foundation’s primary mis- VILLE, NORTH CAROLINA continuously given to our community by giving sion for the past 20 years has been to ac- of themselves, their talent and their time; and knowledge talented young scholars of Chinese HON. HEATH SHULER Whereas, the DeKalb Youth Pops Orchestra descent in the greater Miami area. OF NORTH CAROLINA and the Still Waters Youth SinfoNia Orchestra Under the leadership of their founding Presi- IN THE HOUSE OF REPRESENTATIVES have instructed thousands of youth in the arts dent, Mrs. Lydia Yeh, and a group of dedi- of music, performance, showmanship and civic cated members of the Chinese Women’s Club, Tuesday, February 23, 2010 responsibilities; and over two hundred outstanding high school, col- Mr. SHULER. Madam Speaker, I rise today Whereas, these orchestras have performed lege and graduate students have received to honor the life of Ronald Tyler Woodle of locally, nationally and internationally enlight- scholarship awards. Waynesville, North Carolina. Tyler was a ening the lives of people from all walks of life; On Sunday, December 27, 2009 they cele- proud Navy SEAL, and an exemplary member and brated their 20th anniversary at Miami’s of our community. His life, while short, sets an Whereas, Presidents, Governors, Legisla- Dadeland Marriott Hotel, where their scholar- example of patriotism and dedication for future tors and citizens of the world have been ship recipients gave remarks to inspire the generations. touched and moved by the performances of younger generations to come. Tyler grew up in the mountains of Western these remarkable orchestras; and Let us honor Lydia and the Chinese Wom- North Carolina. He was home schooled until Whereas, the U.S. Representative of the en’s Club’s Scholarship Foundation, who seek high school, when he transferred to Asheville Fourth District of Georgia wishes to honor and to empower our youth and give them the tools Christian Academy. A star high school soccer recognize the DeKalb Youth Pops Orchestra to succeed in life. career led to a two year scholarship to Mars and the Still waters Youth Sinfo-Nia Orchestra f Hill College. After a brief time in the construc- for its outstanding service to our Community tion industry, he enlisted in the United States and wish them well on their 1st Reunion Con- EARMARK DECLARATION Navy in June of 2007, and graduated from cert; boot camp in August of the same year. Always Now Therefore, I, Henry C. ‘‘Hank’’ John- HON. DOUG LAMBORN pushing himself to excel, he completed his ad- son, Jr. do hereby proclaim Saturday, Feb- OF COLORADO vanced SEAL qualification training and was ruary 20, 2010 as DeKalb Youth Pops Orches- IN THE HOUSE OF REPRESENTATIVES transferred to an East coast SEAL team in Oc- tra and Still Waters Youth Sinfo-Nia Orchestra Tuesday, February 23, 2010 tober of 2009. Since October, Tyler had been Day in the Fourth Congressional District. training for an overseas deployment. Proclaimed, this 20th day of February, 2010. Mr. LAMBORN. Madam Speaker, pursuant Tyler was taking part in an intensive training f to the Republican Leadership standards, I am in Key West, Florida, when he passed away submitting the following information regarding on February 18th. He was only 26 years old. HONORING SHANI DAVIS member requests I received as part of H.R. He was buried with full military honors. 3326—Department of Defense Appropriations Madam Speaker, I ask my colleagues to join HON. MIKE QUIGLEY Act, 2010: me in expressing remorse at the passing of OF ILLINOIS Requesting Member: Representative DOUG Ronald Tyler Woodle. Tyler’s life was an ex- IN THE HOUSE OF REPRESENTATIVES LAMBORN, CO–05 ample of service and passion for us all to fol- Bill Number: H.R. 3326 low. We owe all of our veterans a debt of grat- Tuesday, February 23, 2010 Account: RDTE Air Force, Line 75, PE itude that can never be fully repaid. It is an Mr. QUIGLEY. Madam Speaker, I rise today 0604706F Life Support Systems honor to represent people like Tyler who are to recognize and congratulate Chicago-native Legal Name of the Requesting Entity: Good- prepared to give their lives protecting our ev- Shani Davis on his two speed skating medals rich Corporation eryday freedoms. at this year’s Winter Olympics. Shani de- Legal Address of the Requesting Entity: f fended his 2006 gold medal in the 1000m and 1275 N. Newport Road, Colorado Springs, CO skated to a silver medal in the 1500m. He be- 80916 COMMENDING THE PUBLIC SERV- came the first man ever to win consecutive Description of the Request: $1.92 million is ICE OF NCIS SPECIAL AGENT golds in the 1000m. included in this bill to continue development GREGORY A. SCOVEL Born on Chicago’s South Side, Shani over- and testing of the Advanced Common Ejection came long odds to become the first African Seat (ACES 5) modular ejection-seat for the HON. FRANK R. WOLF American to win an individual winter Olympics Air Force variant F–35 LRIP as well as its ap- OF VIRGINIA medal. His unique and historic story has in- plication to the F–22, F–15, F–16, F–117, A– IN THE HOUSE OF REPRESENTATIVES spired millions of Americans across the coun- 10, B–1 and B–2. Tuesday, February 23, 2010 try and led to the founding of D.C. Inner City Requesting Member: Representative DOUG Excitement, a program that introduces Wash- LAMBORN, CO–05 Mr. WOLF. Madam Speaker, I rise today to ington, D.C. youth to the sport of speed skat- Bill Number: H.R. 3326 pay tribute to Special Agent Gregory A.

VerDate Nov 24 2008 04:53 Feb 24, 2010 Jkt 089060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\K23FE8.005 E23FEPT1 smartinez on DSKB9S0YB1PROD with REMARKS E206 CONGRESSIONAL RECORD — Extensions of Remarks February 23, 2010 Scovel, Deputy Director for Operations of the MONTFORD POINT MARINE HONORING CECIL HINTON Naval Criminal Investigative Service (NCIS), ASSOCIATION who retired from that organization on February HON. GEORGE RADANOVICH 19 after 31 years of highly distinguished public OF CALIFORNIA service. I am pleased to say that Special HON. PETER J. VISCLOSKY IN THE HOUSE OF REPRESENTATIVES Agent Scovel is one of my constituents from OF INDIANA Tuesday, February 23, 2010 Leesburg, Virginia. IN THE HOUSE OF REPRESENTATIVES Mr. RADANOVICH. Madam Speaker, I rise He began his NCIS career in 1978 following today to posthumously honor Cecil Hinton his graduation from the University of San Tuesday, February 23, 2010 upon being honored with the ‘‘Trail Blazers Award’’ by the African American Museum. Mr. Diego. Among his first field assignments was Mr. VISCLOSKY. Madam Speaker, it is with Hinton will be honored at the African American his participation in Operation ‘‘Red Blanket’’ great admiration and tremendous respect that History Month Celebration and Banquet on following the Red Brigade kidnapping of U.S. I stand to recognize the Montford Point Marine Saturday, February 6th, 2010 in Fresno, Cali- Army General James Dozier when he was de- Association and to join them in honoring the fornia. tailed in Beirut at the time of the 1983 bomb- brave individuals who, by enlisting in the Mr. Cecil Clarence Hinton was born in 1902. ing of the USMC barracks. United States Marine Corps, became the first He was a native of Tennessee and spent his Special Agent Scovel was selected in 1986 African American Marines. In doing so, these early life in Indiana, Ohio and Michigan. Mr. to be the Assistant Special Agent in Charge Marines made one of the most significant Hinton graduated from Howard University in strides in our Nation’s fine military history. For (ASAC) for Counterintelligence at the Norfolk Washington, D.C. and completed some grad- their courage and for their willingness to serve Resident Agency and moved in 1988 to serve uate work at Columbia University in New York. their country, these American heroes were Mr. Hinton moved to Fresno in 1944, and as the Special Agent in Charge (SAC) of the honored at an event in Hammond, Indiana, on worked as a United Service Organization cen- Little Creek Resident Agency. He completed a Sunday, February 21, 2010. ter director. He served for nineteen years as ‘‘trifecta’’ of assignments in the Norfolk region On June 25, 1941, President Franklin D. a director of the B Street Community Center in with his posting as the Operations Officer for Roosevelt issued Executive Order 8802, which Fresno. The center was largely established the NCIS Atlantic Command. prohibited discrimination in the defense indus- through his efforts. Under his leadership the Special Agent Scovel was promoted in 1992 try. This historical order was followed in 1942 center served forty-eight youth groups and fifty-three adult groups through social and rec- and assigned as the SAC of the Naples Resi- by a directive that gave African Americans the reational programs. The center was rededi- dent Agency. Following the reorganization of opportunity to join the United States Marine cated in 1968 and renamed to the Cecil C. the NCIS in 1994, he was designated as the Corps, a directive that would become one of Hinton Community Center in his honor. ASAC for Counterintelligence of the Europe America’s most important advances, not only Mr. Hinton was a member of the National Field Office. For his performance in Europe, in terms of our military, but in society as a Conference of Social Welfare, the California he was recognized with the Department of the whole. Conference of Social Welfare, the California Navy Meritorious Civilian Service Award as Between 1942 and 1949, approximately Federation of Settlements and Neighborhood well as a 1996 promotion and transfer to twenty-thousand African Americans from Centers and Kappa Alpha Psi Fraternity. For headquarters as the Deputy Assistant Director across the United States were recruited into his efforts and community leadership Mr. Hin- (DAD) for Technical Services. Following that the Marine Corps. Instead of being sent to tra- ton was honored in 1976 by the California tour, he was selected to serve as the SAC of ditional Marine training locations, such as San State Senate. In 1980, he was recognized and the Washington Field Office. Diego, California, and Parris Island, South honored by the California State University, Fresno Black Gospel Choir and in 1985 was In 2000, Special Agent Scovel attended the Carolina, they were segregated and sent for basic training to Montford Point Camp at named a ‘‘Fabulous Fresnan.’’ National Security Management Program at Camp Lejeune, North Carolina. Montford Point Mr. Hinton was married to Martha Galliard; Syracuse University’s prestigious Maxwell remained active until 1949, following President they raised one daughter, Lois Juantia. They School of Citizenship and Public Affairs. Fol- Harry S. Truman’s issuance of Executive have three grandchildren; Lisa, Jelan and lowing the October 2000 bombing in Yemen, Order 9981, which ended the practice of seg- Jenan all living in Atlanta, Georgia. Mr. Hinton he was detailed to service on the USS Cole regation in the United States Military. passed away on August 23, 1987 at the age Commission and authored the CI and Force of eighty-five. As the war progressed, the military could no Protection Chapters for its final report, after Madam Speaker, I rise today to post- longer deny that these dedicated and skilled which he was recognized with the Defense humously honor Cecil Hinton. I invite my col- Marines were equally as capable of per- Exceptional Civilian Service Award, the high- leagues to join me in honoring his life and forming their duties and serving their country wishing the best for his family. est level career civilian honor given by the Of- as any other members of the military. The Ma- f fice of the Secretary of Defense. rines of Montford Point sought to serve the He joined the NCIS Executive Staff in 2001 United States through their military service, PERSONAL EXPLANATION as the Executive Assistant Director (EAD) for and in doing so, their impact spanned far be- Criminal Investigations and following the tragic yond the military and into American society. HON. TED POE events of 9/11 assumed leadership in shaping While many of the Marines were recognized OF TEXAS the NCIS response including the development for their military achievements, one of the IN THE HOUSE OF REPRESENTATIVES of the Counterterrorism Task Force and its ul- highest honors was bestowed on April 19, Tuesday, February 23, 2010 timate successor, the Combating Terrorism Di- 1974, when Montford Point Camp was re- Mr. POE of Texas. Madam Speaker, on roll- rectorate. named in honor of one of the most out- call Nos. 49 and 50 I was prevented from vot- He was later reassigned as the EAD for standing Marines of the camp, Sergeant Major ing due to official business in the district. Had Gilbert H. ‘‘Hashmark’’ Johnson. One of the Counterintelligence and in 2007 was promoted I been present, I would have voted ‘‘yea’’ on first African American enlistees to join the Ma- both. as the Deputy Director for Operations and rine Corps, Johnson was a distinguished drill f later concurrently served as the Acting Direc- instructor and a veteran of both World War II tor of the NCIS until a new director was se- and the Korean War. To date, Camp Johnson 100TH ANNIVERSARY OF THE BOY lected this month. remains the only Marine Corps installation SCOUTS OF AMERICA Following his retirement, Special Agent named in honor of an African American. HON. SCOTT GARRETT Scovel will begin a second career within the Madam Speaker, at this time I ask that you OF NEW JERSEY private sector. I would like to take this oppor- and my other distinguished colleagues join me IN THE HOUSE OF REPRESENTATIVES tunity to thank Mr. Scovel for his 31 years of in honoring these fine individuals. Let us never outstanding public service and to wish him forget their service and the sacrifices they Tuesday, February 23, 2010 ‘‘fair winds and following seas’’ as he begins made in defense of the United States of Amer- Mr. GARRETT of New Jersey. Madam the next chapter of his life. ica. Speaker, I rise today to commemorate the

VerDate Nov 24 2008 04:53 Feb 24, 2010 Jkt 089060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A23FE8.014 E23FEPT1 smartinez on DSKB9S0YB1PROD with REMARKS February 23, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E207 100th anniversary of the Boy Scouts of Amer- Had I been present on Rollcall No. 50 on BLACK HISTORY MONTH ica. Established on February 8, 1910, the Boy suspending the rules and passing H.R. 4238, Scouts have provided a positive influence for to designate the facility of the United States HON. LEE TERRY millions of young men throughout the country Postal Service located at 930 39th Avenue in OF NEBRASKA and have instilled in them the twelve key pil- Greeley, Colorado, as the ‘‘W.D. Farr Post Of- IN THE HOUSE OF REPRESENTATIVES lars contained in the Scout Law, which reads: fice Building,’’ I would have voted ‘‘yea.’’ Tuesday, February 23, 2010 A Scout is trustworthy, loyal, helpful, friendly, courteous, kind, obedient, cheerful, thrifty, f Mr. TERRY. Madam Speaker, I rise today brave, clean, and reverent. Over the past 100 during Black History Month to recognize the years, we’ve all known family, friends, and PERSONAL EXPLANATION many important contributions African Ameri- neighbors involved in the Boy Scouts who cans have made to our nation. We especially took these building blocks of leadership to honor the extraordinary people who continue heart and made their communities a safer and HON. GABRIELLE GIFFORDS to help shape our community and our great better place. The Boy Scout program has re- OF ARIZONA nation. I have the privilege of representing minded the American people of the higher no- IN THE HOUSE OF REPRESENTATIVES thousands of successful and talented African tions of patriotism and good citizenship. With Americans here in the second congressional a range of former Boy Scouts such as Buzz Tuesday, February 23, 2010 district of Nebraska. Today I would like to recognize four individuals: Frank Hayes, Phyllis Aldrin, Bill Gates, Tommy Lasorda, and Gerald Ms. GIFFORDS. Madam Speaker, yester- Hicks, Dr. Mary J. Clinkscale and Dr. Herb Ford, this program has served to structure the day I was absent and missed rollcall votes 49 Rhodes. lives of some of our greatest countrymen. and 50. I want to personally congratulate the two Frank Hayes is a CPA who owns his own Boy Scout Councils in my district, the Northern Had I been present, I would have voted business. He is also a founding member and New Jersey Council and the Patriots Path ‘‘aye’’ on rollcall 49 and ‘‘aye’’ on rollcall 50. first president of the 100 Black Men organiza- Council, on this very special anniversary. The tion, which is dedicated to improving the lives dedicated Scout leaders who are involved in f of youth. He has worked tirelessly to help minorities start their own businesses. these programs have introduced Scouts in IN RECOGNITION OF PHILIP New Jersey to exciting explorations and taught Since 1967 Phyllis Hicks has run the Salem BRUNELLE RECEIVING THE 2010 them new skills that they will use throughout Stepping Drill Team and continues to be a vol- LOCAL LEGEND AWARD their life. They have recounted stories of Na- unteer and chief fundraiser for this youth tive American folklore around campfires, group. Through her outreach she has helped taught Scouts the uses of a taut-line hitch and HON. BETTY McCOLLUM many youth overcome obstacles such as dis- bowline knot, and have provided the Scouts crimination. OF MINNESOTA with an opportunity to take on responsibilities Dr. Mary J. Clinkscale, or ‘‘Dr. C’’ as she is and duties to further their maturity into adult- IN THE HOUSE OF REPRESENTATIVES commonly referred to, is the administrator of hood. There are few greater chances for aid- Tuesday, February 23, 2010 the Greater Beth-el Temple where she has ing our country than to help these young men planned, produced and directed more than in their efforts to make themselves physically Ms. MCCOLLUM. Madam Speaker, today I 250 theatrical productions and presentations, strong, mentally awake, and morally straight. rise in recognition of Philip Brunelle who re- including a performance to prelude the The Boy Scouts of America owes its tre- ceived the Minnesota Martin Luther King, Jr. Tuskegee Airman receiving their Congres- mendous history and over two million Eagle Breakfast Committee’s 2010 Local Legend sional Gold Medal. Scouts to an unknown English Scout who Award. Dr. Herb Rhodes has been a life-long mem- helped an American newspaper publisher Philip Brunelle is a renowned conductor, or- ber of the Omaha Business Community. He cross a street in London. That newspaper ganist and choral scholar. In 1969, with his was featured in a 1975 issue of Ebony Maga- publisher was so impressed by the Scout’s partners, Brunelle founded the non-profit cho- zine, which highlighted successful African willingness to help that he would later go on ral music organization Plymouth Music Series Americans leading the way in the business in- to found the Boy Scouts of America. Today, now known as VocalEssence. dustry. He not only has had success in the the Boy Scouts of America embrace the social VocalEssence presents concerts which fea- business community, but continues to be a and personal virtues needed in mankind and ture the 130 voice VocalEssence Chorus and role model in our city. provide countless opportunities for their its core group, a 32-voice professional mixed f Scouts to better our world as a whole. With chorus called the Ensemble Singers, along CONGRATULATING LEE COLLEGE their example in mind, I hope all Americans with guest singers and instrumentalists. ON THEIR 75TH ANNIVERSARY will use this opportunity to help a neighbor, VocalEssence stands apart from other choral volunteer in his or her community, explore na- groups because of its range, variety and qual- ture, or learn more about our great Nation. HON. GENE GREEN ity of performance. OF TEXAS f Mr. Brunelle has been awarded the 2010 IN THE HOUSE OF REPRESENTATIVES PERSONAL EXPLANATION Local Legend Award for his work with the Tuesday, February 23, 2010 WITNESS Collection. WITNESS is an initiative that began in 1991. It seeks to bear witness Mr. GENE GREEN of Texas. Madam HON. TIMOTHY V. JOHNSON Speaker, I rise today to honor Lee College in OF ILLINOIS to the musical contributions of African Amer- Baytown, Texas for their 75 years of dedica- IN THE HOUSE OF REPRESENTATIVES ican artists through concerts, recordings and educational programs. tion to our community and commitment to ex- Tuesday, February 23, 2010 cellence in education. This initiative has grown to include; an an- Mr. JOHNSON of Illinois. Madam Speaker, Since 1934, Lee College has established a nual concert, a 4-volume collection show- unfortunately last night I was unable to cast legacy of leadership and learning in our com- casing 100 years of classical compositions by my votes on H.R. 4425 and H.R. 4238 and munity by providing learning opportunities and African American composers, educational out- wish to reflect my intentions had I been able experiences that have allowed students to reach programs that strive to teach students to vote. excel in an ever changing environment. As a about African American contributions, and the Last night, I met with constituents of mine in result, Lee College is one of the fastest grow- Teachers Guide that enhances educational a town hall forum at the Champaign County ing community colleges in the country and has outreach initiatives. Nursing Home and I was unable to arrive in a nationally recognized Honors Program. It Washington, DC to cast my votes. It is a privilege to recognize this valued has furthered its accomplishments by being Had I been present on Rollcall No. 49 on leader before the United States House of Rep- the first community college in the country to suspending the rules and passing H.R. 4425, resentatives. I salute Mr. Brunelle on behalf of receive the Kresge Foundation Grant, reflect- to designate the facility of the United States his selfless dedication to music and the history ing the foundation’s support for Lee College’s Postal Service located at 2–116th Street in of African American Artists. critical role in providing access to higher edu- North Troy, New York, as the ‘‘Martin G. Madam Speaker, in honor of Philip Brunelle, cation for minority and low-income students. ‘Marty’ Mahar Post Office,’’ I would have voted I am pleased to submit this statement for the Americans turn to community colleges to ‘‘yea.’’ CONGRESSIONAL RECORD. provide the education that leads to greater

VerDate Nov 24 2008 04:53 Feb 24, 2010 Jkt 089060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A23FE8.017 E23FEPT1 smartinez on DSKB9S0YB1PROD with REMARKS E208 CONGRESSIONAL RECORD — Extensions of Remarks February 23, 2010 economic opportunity and improved quality of working towards a Masters Degree in edu- she has been a vital community leader, help- life. Lee College has never let our constituents cation from California State University, Fresno. ing to establish a senior lunch and rides pro- down in this respect. Graduates of Lee Col- She completed the program in 1975, and in gram, a community health center, and the Oc- lege have become leaders in our community, 1986 she earned a Doctorate from the Univer- cidental Community Council. in business, healthcare, education and many sity of La Verne. During her forty-year career, In recent years she has been a tireless walks of life. I am proud to support Lee Col- Mrs. Wiley was a classroom teacher, resource champion and leader of efforts to create a lege in its continued efforts to develop first- specialist, and served as Vice Principal in the home for the growing arts community in west- rate affordable education in our area and Fresno Unified School District. Later in her ca- ern Sonoma County and will celebrate her know that they will continue to help build our reer, Mrs. Wiley began working for the West 100th birthday at the newly opened Occidental workforce and community. Fresno School District and served as the Prin- Center for the Arts. I congratulate the administration, faculty, cipal and Assistant Superintendent. In 1987, A formidable woman with a keen wit, zest staff, and students at Lee College for all of Mrs. Wiley returned to the Fresno Unified for politics and a passion for dogs, horses, the their hard work and dedication to academic School District, where she completed her ca- arts and social justice, Doris opens her house excellence. reer and retired in June 2003. regularly for community meetings and social f During her forty-three years in Fresno, Mrs. gatherings. She has continued to host the an- Wiley has been involved with the Alpha Kappa nual Labor Day picnic begun by her and her PERSONAL EXPLANATION Alpha Sorority, the Iota Phi Lambda Sorority, late husband. Last year she helped launch a the Black Political Council and is a founding writing workshop in her living room. HON. BILL PASCRELL, JR. board member of the African American Histor- Doris is a woman who likes California white OF NEW JERSEY ical and Cultural Museum. Mrs. Wiley and her wine but prefers a good scotch. When her IN THE HOUSE OF REPRESENTATIVES husband have raised two highly successful house isn’t filled with friends and admirers, Tuesday, February 23, 2010 daughters. you can find her throwing logs into her stone fireplace to settle in with the evening news, Mr. PASCRELL. Madam Speaker, I want to Madam Speaker, I rise today to commend her dog Matilda and her cat, Rebel. state for the record that yesterday I missed and congratulate Shirley Wiley for her years of dedicated service to education in Fresno. I in- Madam Speaker, here’s to Doris Murphy the two rollcall votes of the day. Unfortunately and her 100 years of community leadership I missed these votes because I was detained vite my colleagues to join me in wishing Mrs. Wiley many years of continued success. and good living. In the words of her friend Bob in my district. Klose, she’s a pretty classy dame! Had I been present I would have voted f f ‘‘yea’’ on rollcall vote No. 49, On Motion to HONORING DORIS MURPHY Suspend the Rules and Pass—H.R. 4425—To PERSONAL EXPLANATION designate the facility of the United States Postal Service located at 2–116th Street in HON. LYNN C. WOOLSEY OF CALIFORNIA HON. STEVE KING North Troy, New York, as the Martin G. Marty OF IOWA IN THE HOUSE OF REPRESENTATIVES Mahar Post Office. IN THE HOUSE OF REPRESENTATIVES Lastly, had I been present I would have Tuesday, February 23, 2010 Tuesday, February 23, 2010 voted ‘‘yea’’ on rollcall vote No. 50, On Motion Ms. WOOLSEY. Madam Speaker, I rise with to Suspend the Rules and Pass—H.R. 4238— pleasure today to honor Doris Bailey Murphy Mr. KING of Iowa. Madam Speaker, on roll- To designate the facility of the United States of Occidental, CA, who marks her 100th birth- call No. 17 I was unable to vote because my Postal Service located at 930 39th Avenue in day on March 11, 2010. arrival in Washington from Iowa was delayed Greeley, Colorado, as the W.D. Farr Post Of- Doris, who lives in her mountain-top home by severe winter weather. Had I been present, I would have voted fice Builiding. surrounded by redwood trees and rhododen- ‘‘yes.’’ f dron bushes, was born in Portland, Oregon on f HONORING SHIRLEY ANN WILEY March 11, 1910. At 100 she retains the spirit of adventure and independence she first dem- HONORING THE UNI-CAPITOL HON. GEORGE RADANOVICH onstrated when she hitchhiked from Oregon to INTERNSHIP PROGRAM Arizona as a teenager. OF CALIFORNIA She was married for four decades to San IN THE HOUSE OF REPRESENTATIVES HON. LINCOLN DIAZ-BALART Francisco labor organizer Joe Murphy, head of OF FLORIDA Tuesday, February 23, 2010 Hod Carriers Local 36 and organizer for the IN THE HOUSE OF REPRESENTATIVES Mr. RADANOVICH. Madam Speaker, I rise Industrial Workers of the World. She wrote today to commend and congratulate Shirley about their life in a memoir ‘‘Love and Labor.’’ Tuesday, February 23, 2010 Ann Wiley upon being honored with the ‘‘Trail Published by Doris when she was 96, her Mr. LINCOLN DIAZ-BALART of Florida. Blazers Award’’ by the African American Mu- book is peppered with smoke-filled rooms, Madam Speaker, The United States and Aus- seum. Mrs. Wiley will be honored at the Afri- night clubs and political drama, covering a tralia share a longstanding relationship that can American History Month Celebration and rough and tumble time in California labor his- has allowed the two nations to cooperate on Banquet on Saturday, February 6, 2010 in tory and the colorful years in San Francisco many international issues. Due to the strength Fresno, California. during World War II and concluding in the and depth of this relationship, the United Shirley Ann was born to Albert and Faye coastal mountains of Sonoma County where States has relied on the support of our ally Jones in Sweetwater, Texas; she was one of she and Joe made their home for more than Australia in many of our mutual international nine children. She attended Booker T. Wash- half a century. objectives. This relationship continues to be ington High School in Sweetwater, and was Doris graduated from Reed College in 1938 strengthened through the cooperation of our honored as a salutatorian of her graduating with a psychology-sociology degree, followed two governments and through the cultural ex- class. She graduated from Wiley College in by a graduate degree in social work from the changes that occur between our nations. 1960 with a Bachelors degree in music and a University of California, Berkeley in 1956. Developed by Erik Federing in 1999, the minor in history. In San Francisco she was a welfare worker Uni-Capitol Internship Program enables a se- After completing college, Mrs. Wiley moved with the Traveler’s Aid Society during the De- lect group of young Australian students to ex- to California and worked as a social case pression and then with the Red Cross after perience the work of the United States Con- worker for the Red Cross in San Bernardino World War II helping veterans, their families gress. It is through Mr. Federing’s tireless ef- County. While in San Bernardino, she began and other refugees of the era. forts that this year, twelve exceptional Aus- substitute teaching and discovered her pas- In Sonoma County she helped create the tralian students are participating in internships sion for education. In 1965 she received a full Sonoma County Council for Community Serv- in different Congressional offices. I have had time teaching position with the Earlimart ices which spawned various agencies concen- the opportunity to work with three Australian School District. After marriage, she and her trating on families and children. She worked students during the past five years and their husband moved to Lancaster, where she as a therapist until she was age 90, explain- professionalism and work ethic has been ex- taught for one year before moving to Fresno. ing, ‘‘It was satisfying so why would I quit?’’ traordinary. Mrs. Wiley earned a teaching position with In her adopted community of Occidental, This year my office worked with another stu- the Fresno Unified School District and began where she has lived for more than 50 years, dent from the Uni-Capitol Internship Program,

VerDate Nov 24 2008 04:53 Feb 24, 2010 Jkt 089060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A23FE8.022 E23FEPT1 smartinez on DSKB9S0YB1PROD with REMARKS February 23, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E209 Matthew Robertson. Matthew is a third year Bobbie Gean and T.J. Patterson Library, and The years of hard work that he has dedicated law student at Deakin University in Melbourne the library hosts annual events in honor of to improving the lives of countless athletes Australia. He applied to the program with the Black History Month. They are pillars of the and members of his community will continue hope to learn more about the American gov- community and can be found visiting inmates to define his life and his work. ernment. Matthew’s extensive knowledge of in the local jail on Christmas Day offering f the Australian government and legal system messages of encouragement. enhances his understanding of the American I am honored to know T.J. His message to INTRODUCING A RESOLUTION TO legislative process. During his time at my of- us is that Black History is every day, not just CELEBRATE THE 20TH ANNIVER- fice he had the opportunity to attend Com- one month out of the year. He is a hero, a SARY OF THE RELEASE OF NEL- mittee hearings, briefings, perform legislative public servant and a dreamer; a man of char- SON MANDELA AND HONOR HIS research, and prepare memos for my staff and acter and a faithful man of God. On behalf of LIFELONG DEDICATION TO myself. His professionalism in the office and the 19th Congressional District, including my- BUILDING A MORE EQUITABLE willingness to handle any task that was as- self, I thank T.J. for all he has given and con- AND UNITED WORLD signed to him were outstanding. It has truly tinues to give our community. been a pleasure to have Matthew in the office. f HON. ALCEE L. HASTINGS I am certain that my colleagues were simi- OF FLORIDA larly impressed with the work done by the PERSONAL EXPLANATION IN THE HOUSE OF REPRESENTATIVES eleven other Australian students in the pro- Tuesday, February 23, 2010 gram. I rise to commend the Uni-Capitol In- HON. JIM JORDAN ternship Program for its work to strengthen the OF OHIO Mr. HASTINGS of Florida. Madam Speaker, I rise today to introduce a resolution that cele- relationship between the United States and IN THE HOUSE OF REPRESENTATIVES brates the 20th anniversary of Nelson Australia; and offer Matthew my thanks for a Tuesday, February 23, 2010 job well done. Rolihlahla Mandela’s release from prison and honors his lifelong dedication to building a f Mr. JORDAN of Ohio. Madam Speaker, I was absent from the House floor during Mon- more equitable and united world. A TRIBUTE TO T.J. PATTERSON day’s two rollcall votes. On February 11, 1990, Nelson Mandela Had I been present, I would have voted in exited Victor Verster Prison in Paarl, South Af- HON. RANDY NEUGEBAUER favor of H.R. 4425 and H.R. 4238. rica, after 27 years of imprisonment. Years of OF TEXAS f international pressure from activists, artists IN THE HOUSE OF REPRESENTATIVES and politicians in South Africa and the inter- HONORING GEORGE CROUSE FOR national community had finally convinced the Tuesday, February 23, 2010 BEING NAMED THE UNITED South African government to reinstate the Afri- Mr. NEUGEBAUER. Madam Speaker, in STATES TENNIS ASSOCIATION’S can National Congress (ANC) as a legitimate celebration of Black History Month, I would NEW ENGLAND HIGH SCHOOL political party, and release Nelson Mandela. like to recognize Thomas James ‘‘T.J.’’ Patter- COACH OF THE YEAR In the hours following his release, tens of son for his dedication to the 19th Congres- millions around the world watched as Mandela sional District of Texas, as well as his leader- HON. JOE COURTNEY stood at the City Hall in Cape Town and pro- ship in honoring Black History Month in Lub- OF CONNECTICUT claimed his commitment to abolish apartheid bock, Texas. IN THE HOUSE OF REPRESENTATIVES and institute a system of government that pro- Born in Waxahachie, Texas on June 29, tected the rights and freedoms of all people. Tuesday, February 23, 2010 1937, T.J. was raised in Wichita Falls and For over 40 years, racial segregation was en- graduated from Booker T. Washington High Mr. COURTNEY. Madam Speaker, I rise to forced under the law of apartheid, and se- School in 1954. He then went on to attend congratulate George Crouse for being named verely restricted black South Africans and Bishop College and in 1958 received a degree the New England High School Coach of the other people of color from basic human rights in Physical Education. After graduation, T.J. Year by the United States Tennis Association and social and economic equality. came to Lubbock where he met and married (USTA). This is a fitting title for a man who Madam Speaker, Nelson Mandela never his bride of over 50 years, Bobbie Gean. has served as a tennis coach at Stonington wavered from his commitment to combat In 1961, T.J. was drafted into the U.S. Army High School for 37 years and has amassed apartheid and create a free and democratic where he valiantly served his country. After an more than 600 wins in the process. country whether he was rallying support for honorable discharge, T.J. spent several years George Crouse is a consummate profes- the ANC as a young lawyer and activist, or teaching at the Texas Tech University. In sional and enthusiastic coach whose achieve- serving as an inmate at the infamous prison 1977, T.J. co-founded the Southwest Digest, a ments continue to amaze his colleagues both on Robin Island. Decades of menial work and newspaper that has served as a strong voice in Connecticut and around the country. His degrading conditions in South Africa’s prisons for Lubbock’s African American community for commitment to the academic success of his did not make Nelson Mandela’s drive to over 30 years. student athletes in the classroom, exceed only achieve a more just and equal society any In 1984, T.J. was elected as the first African his record on the court. Since 1973 he has less potent. Once released, 71-year-old Nel- American to serve on the Lubbock City Coun- coached boys and girls teams at Stonington son Mandela and his ANC colleagues contin- cil, breaking down barriers for others to serve High, with the girls team having achieved a ued their efforts to dismantle apartheid until it in public offices throughout the community, 341–96 record while reaching four consecutive finally ended in 1994. and I had the honor of serving with T.J. on the Class S state championships. He was named More than four years after his release, City Council. After 20 years of serving as the the Connecticut Coach of the Year for both 20,000,000 South Africans of all colors lined representative for District 2, T.J. retired from boys and girls tennis in 1998 and 2008, re- the streets to vote in South Africa’s first elec- the Lubbock City Council in 2004 as the long- spectively. tion that was held under a law of universal est serving council member in Lubbock’s his- The dedication he shows to his athletes is suffrage. The people of South Africa elected tory. In addition to this service, T.J. was elect- matched only by his passion for the sport of Nelson Mandela as the first President of the ed president of the Texas Municipal League in tennis. He is a member of the USTA Con- fully representative democratic state, a man 1998, becoming the first African American necticut board of directors and operates the whose resilience, humility and eloquence sym- president in that organization’s history. Stonington-Eastern Connecticut Community bolized a new era in which South Africa strove T.J. is an active member of the Bethel Afri- Tennis Association. In addition to coaching the to achieve equality, communication and co- can Methodist Episcopal Church. He is a leg- teams of Stonington High, George coaches operation within its government and commu- end in Lubbock’s fight against illegal drugs. squads on the USTA Jr. Teams, leading them nities. The newly elected President Mandela Over the past several years, T.J. has orga- to state and sectional championships. George addressed the world and pledged to lead a nized and participated in countless marches is also a public servant, serving in numerous ‘‘united, democratic, non-racial and non-sexist against drugs and violence. T.J. is an incred- volunteer roles and also as a member of the government’’ for all people of South Africa. ible role model for not only African American Stonington Board of Selectman. Madam Speaker, 20 years after his release, children, but all youth. I am grateful for Mr. Crouse’s service and Nelson Mandela’s wisdom, strength and work T.J. and his wife have a branch of the Lub- dedication to the town of Stonington. I am continues to inspire people of all walks of life. bock Public Library named after them, the proud to call him a constituent and a friend. I urge my colleagues to support this resolution

VerDate Nov 24 2008 04:53 Feb 24, 2010 Jkt 089060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A23FE8.027 E23FEPT1 smartinez on DSKB9S0YB1PROD with REMARKS E210 CONGRESSIONAL RECORD — Extensions of Remarks February 23, 2010 that commemorates the 20th anniversary of an Tradition holds that the town of Abbot’s Upon leaving the Marines, Wayne went to important moment in world history and recog- name was changed to Zephyrhills because of work in the construction and architectural in- nizes an extraordinary man’s dedication to the cool, gentle, zephyr breezes from neigh- dustry on Hilton Head Island, long before any- equality, peace and reconciliation. boring Greer and LeHeup Hill. The name offi- one had ever heard of Hilton Head Island, and f cially changed to ‘‘Zephyrhills’’ on March 10, began as a draftsman with a firm in Savan- 1911; with it, the town of Abbott officially nah, Georgia, eventually taking that great RECOGNIZING HOUSE RESOLU- moved from an A to Z in the alphabet. American plunge into self-investment and TIONS IN SUPPORT OF HAITI Zephyrhills residents are proud of the many small business by opening his own architec- accomplished men and women who have tural firm out of the Dell homestead: Wayne C. HON. CHARLES B. RANGEL brought notoriety to their hometown. Dell, Architect. OF NEW YORK Zephyrhills High School coach John Clements Working from home allowed Wayne to be- IN THE HOUSE OF REPRESENTATIVES has the distinguished record of being one of come very involved in his family’s life, and he Tuesday, February 23, 2010 only five coaches in the United States with never missed an event in which his children over 400 recorded wins; ‘‘The Bulldogs’’ base- participated. For many years, he served as a Mr. RANGEL. Madam Speaker, I stand be- ball team now plays on the John F. Clements little league baseball announcer and was an fore you to express my support for the three field in his honor. Having played professional avid and excellent tennis player, having won House Resolutions on today’s legislative cal- baseball prior to coaching for ZHS, John, many community tournaments—to the great endar honoring the Americans who responded along with Yankees pitching coach Dave pride of his family, I might add, who loved courageously and humanely after the dev- Eiland, Green Bay Packers defensive tackle cheering him on! Likewise, Wayne’s hobbies astating earthquake in Haiti on January 12th. We all remember the startling and sobering Ryan Pickett, and NASCAR driver David were supporting his children and family in all televised images of the aftermath of the earth- Reiutmann, is among the list of athletes that their endeavors. quake. The men and women being honored call Zephyrhills their hometown. In addition to these pursuits, he enjoyed Zephyrhills is also proud of its local beau- today, in the military and amongst our first re- woodworking and carving and took great pride ties. Begun in 1956, the Lions’ Club’s ‘‘Miss sponders, ran to the epicenter of this tragedy in the handmade high quality gifts he made for Zephyrhills’’ pageant is a favorite feature dur- to help save lives. I am proud to join my col- his family members, yet another enduring leging the annual Founders Days. It has become leagues in recognizing these individuals with acy. An active athlete his entire life, Wayne a launching ground for the statewide ‘‘Miss House Resolutions H. Res. 1066, H. Res. also played for many years in the church Florida’’ competition. Many former ‘‘Miss Zs’’ 1059, and H. Res. 1048. I would especially volleyball league, enjoyed playing all sports love their hometown as much as any other like to recognize New York Task Force One, and staying in top condition; a quality that he resident, 1978’s winner, Diana Kennedy, the FEMA-sponsored urban search and res- learned as a Marine. summed up her experience saying, ‘‘I was Incredibly, Wayne, as many of our fore- cue team, made up of 80 members of the very proud to represent Zephyrhills and I know fathers, taught himself a profession, architec- New York Police Department and the Fire De- the experience made me feel like Miss Amer- ture, and passed the state licensure exam the partment of New York, who were successful in ica. I remember being involved in the commu- last time that you could legally take the exam freeing six individuals from the rubble. nity; throwing out the first baseball and attend- The immediate response from our citizens without having a college degree; an impres- ing parades. Of all the titles I held, rep- to the tragedy in Haiti has been heartwarming, sive feat, indeed. resenting my hometown was the most reward- Wayne eventually became known as a re- demonstrating the decency and compassion ing.’’ spected architect and specialized in high-end we all have for our fellow mankind during dif- One hundred years ago Howard B. Jeffries residential homes in communities in Hilton ficult times. Even those who have not been founded a town. Zephyrhills has become a Head Island and Beaufort County, in addition formally recognized in the resolutions noted community based around family, neighbor- to commercial architectural work. He prided above are partners in this shared effort to hoods, small businesses and longstanding tra- himself on the art of architecture, which, to overcome such a disaster. Within 24 hours fol- ditions. I congratulate Zephyrhills on this mo- this day, stands as monument to his life’s lowing the quake, we saw Americans from a mentous occasion and wish them continued work. cross section of society—from elected officials prosperity and lasting memories throughout Wayne had two natural born children, Eric in Washington to everyday residents all over the next one hundred years. (age 37) and Melissa (age 39). Possessing a New York City—reach out and offer assist- strong desire to spread their love, they adopt- ance. Even today, the statistics are hard to f ed their daughter’s child Bethany, who is now believe, almost 50 percent of Americans have A TRIBUTE TO WAYNE C. DELL 13 years old, when her mother was stricken donated to the Haitian relief efforts and there with Huntington’s disease, as did Wayne, and are still thousands waiting in line for their turn HON. JOE WILSON as did his mother. to assist on the grounds. OF SOUTH CAROLINA Wayne and his loving wife of 40 years, As a nation, it has warmed my heart to see IN THE HOUSE OF REPRESENTATIVES Ouida, have cared for their daughter, Melissa, us dedicate our efforts, and commit ourselves Tuesday, February 23, 2010 who has had to live with them for the past to supporting, the long-suffering Haitian peo- dozen years due to her health, quite literally ple, now and into the future. Mr. WILSON of South Carolina. Madam Madam Speaker, I join my colleagues in Speaker, ‘‘Semper Fi,’’ always faithful. serving as caregiver to her, and as proxy fa- recognizing those who offered their time and Like the strong foundation upon which this ther to their daughter’s daughter for the past effort to assist those in Haiti and challenge great Capitol has been erected, so to is Amer- 13 years. Wayne represents the perfect Amer- them to stay the course until Haiti is made ica’s foundation created by outstanding Amer- ican father figure. A strong man of Christian faith, Wayne at- whole again. ican citizens who quietly and humbly go about tended and was married in St. Pauls United f their daily life, devoting themselves to their God, Nation, family, friends and life’s calling. Methodist Church in Ridgeland, SC (1969). He HONORING THE CITY OF One such individual was Wayne Clair Dell. was a certified Lay Minister within the United ZEPHYRHILLS, FLORIDA Born in Duncansville, Pennsylvania, to Methodist Church. Helen and Charles Dell on June 29, 1946, It is a sad calling, as I stand here today, to HON. GINNY BROWN-WAITE Wayne worked with his father during middle inform my friends and this Nation, that a dear OF FLORIDA school and high school in the construction in- friend, and father of a most trusted friend, IN THE HOUSE OF REPRESENTATIVES dustry. Wayne C. Dell, passed away yesterday morn- Like most Americans, he comes from a very ing. Tuesday, February 23, 2010 simple family background and had two loving But as all architects know, with each great Ms. GINNY BROWN-WAITE of Florida. and devoted sisters and one brother. stone that is laid, another rests atop it to make Madam Speaker, 100 years ago Zephyrhills, He attended Penn State University and the building stand stronger, and Wayne can FL was founded as a colony paradise by How- served this great Nation during one of its most be very proud of the son he raised, my Chief ard B. Jeffries for his fellow Union civil war trying hours as a Nation, as a United States of Staff, Eric Dell of the Second Congressional veterans. Originally named Abbot after the Marine from 1966–69, having been discharged District. In Eric, Wayne raised a son who owner of the town’s first drug store, honorably to return home, fall in love, and many in both political parties have come to Zephyrhills is now home to 11,000 proud resi- marry Ouida Cleland Dell in Ridgeland, South know, love and trust—no easy task on Capitol dents. Carolina, in June of 1969. Hill, I know.

VerDate Nov 24 2008 04:53 Feb 24, 2010 Jkt 089060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A23FE8.031 E23FEPT1 smartinez on DSKB9S0YB1PROD with REMARKS February 23, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E211 Like his father, Eric is a man of his word, a education reforms and our auto and manufac- This means the national debt has increased rare commodity today, and a devoted servant turing industries. I have enjoyed working with by $1,764,601,433,361.41 so far this Con- of the people whom I represent, as well as him on the Education and Labor Committee gress. The debt has increased this great Nation. As with all great champions, and, as a fellow educator, I have always ap- $972,344,066.53 since just yesterday. the torch must eventually be passed. I can as- preciated his approach and commitment to im- This debt and its interest payments we are sure Eric’s father, my friend, that his torch proving our nation’s schools. passing to our children and all future Ameri- shall be strongly, honorably and steadfastly On a personal note, Congressman KILDEE cans. carried forward into the future by Eric and his has been a great friend and a good example f family. to me and every Member of Congress. There is a time in each man’s life when the The State of Michigan has been well rep- HONORING DR. JOHN R. GRAY sun must set, and when his Creator calls, resented by Congressman KILDEE, and I hope once again, Wayne has answered that final he will be able to cast another 20,000 votes! HON. BILL SHUSTER call, with great distinction, honor, and love as f OF PENNSYLVANIA his foundation. IN THE HOUSE OF REPRESENTATIVES May God bless you, Wayne Clair Dell, and IN MEMORY OF SGT. JEREMY Tuesday, February 23, 2010 this great Nation which you have helped cre- MCQUEARY ate. Mr. SHUSTER. Madam Speaker, I rise Semper Fi. HON. MIKE PENCE today to honor Dr. John R. Gray, Deputy Always faithful. OF INDIANA Commander of Letterkenny Army Depot, on f IN THE HOUSE OF REPRESENTATIVES his commendable career upon his retirement Tuesday, February 23, 2010 after thirty-two years of distinguished service. PERSONAL EXPLANATION Dr. Gray joined Letterkenny Army Depot in Mr. PENCE. Madam Speaker, I rise to pay 1985 and founded a branch for the U.S. Army HON. HENRY CUELLAR tribute to the life of a fallen American hero, Materiel Command Management Engineering Marine Sergeant Jeremy McQueary of Colum- OF TEXAS Activity. Since 1988, he has held a number of bus, Indiana. IN THE HOUSE OF REPRESENTATIVES positions at the depot working his way up to Sgt. McQueary served multiple tours in Iraq Deputy Commander. After two years of serv- Tuesday, February 23, 2010 and Afghanistan, and he gave his life in service as the Supervisory Budget Analyst with the ice to a grateful nation on Thursday, February Mr. CUELLAR. Madam Speaker, due to a Defense Information Systems Agency, the 18th while serving with the 2nd Combat Engi- death in the family, I missed the following re- Army Depot appointed Dr. Gray as Deputy neer Battalion, 2nd Marine Division, II Marine corded votes on the House floor on Monday, Commander at Letterkenny. As the senior ci- Expeditionary Force in Helmand Province, Af- February 22, 2010. vilian at the depot, Dr. Gray managed a $500 ghanistan. Had I been present I would have voted million operation and an 18,000 acre installa- Sgt. McQueary enlisted in the United States ‘‘yea’’ on H.R. 4425—To designate the facility tion, that employs many of my constituents in Marine Corps in January 2002 after graduating of the United States Postal Service located at Franklin County. from Columbus East High School. According 2–116th Street in North Troy, New York, as Deputy Commander Gray began his federal to his mother, Jeremy always had an interest the Martin G. ‘‘Marty’’ Mahar Post Office, and career in 1978 in Rock Island, Illinois, with the in becoming a Marine and continuing the ‘‘yea’’ on H.R. 4238—To designate the facility U.S. Army Corps of Engineers. During his time proud tradition of service in his family by don- of the United States Postal Service located at there, he was an instructor with the Army ning the uniform of our nation. 930 39th Avenue in Greeley, Colorado, as the Management Engineering College providing Though Sgt. McQueary did not speak often W.D. Farr Post Office Building. training to students on financial management of his experiences overseas, his dedication f and productivity measurement. In addition, Dr. and bravery were quite evident by his actions Gray performed cost analyses on hydropower, PERSONAL EXPLANATION and decorations. In June of 2008, he survived flood control, and water supply projects. a roadside bombing attack and volunteered to Dr. Gray graduated from The Pennsylvania continue serving in Iraq. His awards include a HON. RANDY NEUGEBAUER State University with a Bachelor of Science Combat Action Ribbon and Purple Heart, OF TEXAS degree in 1975 and Master of Business Ad- IN THE HOUSE OF REPRESENTATIVES among others. Sgt. McQueary was a compassionate man ministration in 1978. Twenty years later, he Tuesday, February 23, 2010 who cared especially for children. A father earned his Master of Public Administration Mr. NEUGEBAUER. Madam Speaker, I was himself, Sgt. McQueary expressed a desire to from the University of Southern California absent from votes on February 22, 2010. Had work with children in Iraq and Afghanistan. where he later received his Doctorate in Public I been present, I would have voted ‘‘yea’’ on Our condolences go out to Jeremy’s wife Administration. In 1990, Dr. Gray became a rollcall 49 and ‘‘yea’’ on rollcall 50. Rae and young son Hadley, as well as his graduate of the Secretary of Defense Execu- tive Leadership Development program. f mother and stepfather, Deborah and David Kleinschmidt, and sister Rebecca. Dr. John Gray’s service is a brilliant exam- IN RECOGNITION OF CONGRESS- We will never be able to pay the debt of ple of how dedication to personal and profes- MAN KILDEE’S 20,000TH VOTE honor owed to Sergeant Jeremy McQueary sional development in life can lead to success. and his family. Heroes like him are our na- He has been a leader throughout his entire HON. VERNON J. EHLERS tion’s most cherished citizens without whom career and a valuable resource to all whom OF MICHIGAN freedom and democracy would not be pos- have had the pleasure of knowing him. He is IN THE HOUSE OF REPRESENTATIVES sible. His passing is a profound loss for his a man of outstanding character and we will re- family, this community and this nation. main grateful for his unwavering dedication Tuesday, February 23, 2010 and service to our community and our nation. f Mr. EHLERS. Madam Speaker, I rise today I wish Dr. Gray and his family continued suc- to offer my thanks to Congressman DALE KIL- OUR UNCONSCIONABLE NATIONAL cess and my best wishes upon his retirement. DEE for his honorable service to the State of DEBT f Michigan over the last 33 years. It has been a privilege to serve with him for half of that HONORING WESTERN MICHIGAN HON. MIKE COFFMAN UNIVERSITY TEAM ON WINNING: time. OF COLORADO IOME CHALLENGE Congressman KILDEE’S diligence and com- IN THE HOUSE OF REPRESENTATIVES mitment to voting is unrivaled, having missed only 27 votes in his entire career. Tuesday, February 23, 2010 HON. FRED UPTON His consecutive vote streak of 8,141 votes Mr. COFFMAN of Colorado. Madam Speak- OF MICHIGAN is admirable, not only for its unprecedented er, today our national debt is IN THE HOUSE OF REPRESENTATIVES nature, but because it shows his commitment $12,403,027,179,655.21. to taking a stand on the issues. On January 6th, 2009, the start of the 111th Tuesday, February 23, 2010 Of the votes that Congressman KILDEE has Congress, the national debt was Mr. UPTON. Madam Speaker, I rise today cast, many have been in support of important $10,638,425,746,293.80. to recognize the student team at Western

VerDate Nov 24 2008 04:53 Feb 24, 2010 Jkt 089060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A23FE8.034 E23FEPT1 smartinez on DSKB9S0YB1PROD with REMARKS E212 CONGRESSIONAL RECORD — Extensions of Remarks February 23, 2010 Michigan University on winning the national amount of $10,000,000. This funding would be and private entities, and key federal partners iOMe Challenge competition, which focused used to design and construct the U.S. Free- to look with a hundred-year vision toward the on solutions to make the U.S. retirement sys- dom Pavilion and its exhibitions which teach future of the river, and to clean it up and make tem solvent for future generations. the importance of service to the nation, includ- it a sustainable resource for generations. The WMU’s proposal was the collaborative effort ing the importance of service in the United Lower Columbia River Partnership (LCREP), of four students from the University’s Lee Hon- States Armed Forces. for example, works to protect the estuary’s ors College—Sam Demorest, Lauren Hearit, As requested by me, Rep. ANH ‘‘JOSEPH’’ ecosystem and its species, reduce pollution, Ashley Horvat, and Brad Kent—with the guid- CAO, H.R. 3326—the Defense Appropriations and provide information about the river to the ance and encouragement of WMU Professor Act, 2010, for Tulane University for Biosensors public. The partnership has restored 2,600 Susan Hoffmann. The proposal submitted by for Defense Application in the amount of acres of habitat, opened 41.7 miles of stream the WMU team was one of 41 entries sub- $2,500,000. This funding will leverage Tulane habitat, completed toxic and conventional pol- mitted by schools in 17 states for the oppor- and Xavier Universities biosensor and risk as- lutant water quality monitoring, and engaged tunity to travel to Washington and present sessment technologies (which provide real- in innovative public involvement and restora- their ideas before Members of Congress. The time information about threats from bioter- tion efforts in the region. LCREP has worked iOMe Challenge asked college students rorism and environmental polluters) program with the EPA to complete a Comprehensive across the country to think, analyze, and pro- to develop biologically derived sensors for de- Conservation and Management Plan to guide pose a solution addressing the issue of retire- tecting pollutants and contaminants. recovery efforts in the lower basin. EPA has ment for future generations. The WMU team f also worked with stakeholders to develop a analyzed every potential aspect of what life in Toxics Reduction Action Plan to reduce toxics retirement could be four decades from now INTRODUCTION OF COLUMBIA throughout the Basin. While there have been and collaboratively put together a proposal RIVER RESTORATION ACT numerous studies and projects for toxics re- that directly meets the challenges that lie duction and habitat restoration on the river, it ahead. The Western Michigan University HON. EARL BLUMENAUER is time for a broader, more comprehensive, team’s project was selected by an inde- OF OREGON and better funded effort. pendent blue-ribbon panel who judged based IN THE HOUSE OF REPRESENTATIVES The bill I am introducing today would au- on content, style, economic soundness, and Tuesday, February 23, 2010 thorize the EPA to work with LCREP, the accessibility to young Americans. States of Oregon, Washington, and Idaho, Co- Certainly there are a number of proposals Mr. BLUMENAUER. Madam Speaker, today lumbia Basin tribal governments, local govern- for going about preserving the retirement sys- I am pleased to introduce the Columbia River ments, citizen groups, industry, and other Fed- tem, and I have been deeply impressed by the Restoration Act. The Columbia River is the eral agencies to develop and implement a col- recommendations of the team at Western largest river in the Pacific Northwest, sup- laborative and comprehensive strategy to in- Michigan. Their objective analysis of our cur- plying fishermen with jobs, serving as a rec- crease monitoring and reduce pollution in the rent system and common retirement prepara- reational resource, and providing power to the basin. Through a new Columbia River Pro- tion practices, including each aspect’s Northwest. The river and its tributaries provide gram Team located in EPA’s Region 10 Or- strengths and weaknesses, is sound and prag- significant ecological and economic benefits to egon Operations Office, EPA will assist and matic. The adaptability within our current sys- the Pacific Northwest and the entire country. support the implementation of the Toxics Ac- tem allowed these students to provide cost Approximately 8 million people, including my tion and Comprehensive Plans to reduce cutting solutions that actually raised benefits constituents, inhabit the basin and depend on toxics, coordinate the major functions of the for all Americans, while ensuring the system’s its resources for their health and survival. The Federal government related to the plans, track long-term viability. 14 hydropower dams in the Columbia Basin progress toward meeting the goals and objec- With a steadily aging population, significant provide over 75% of the power for the North- tives of the plans, and share this information reforms will need to be made to ensure the re- west. Half of the 7.3 million acres of income with the public. The legislation authorizes $40 tirement system remains viable not only for to- producing farm and ranch land in Idaho, Or- million a year for this effort. day’s retirees but generations to follow. To egon, and Washington are irrigated with the Restoration projects, toxic monitoring and simply continue to kick this issue further down Columbia River; sales from these exceed $10 other activities associated with the restoration the road will only compound the problem for billion annually. Traditionally, the Columbia effort will create between 700 and 900 jobs a future American retirees. That is why this and its tributaries have been the largest salm- year in the region for biologists, construction issue deserves constant attention from all on producing river system in the world, with workers, and others. It will also enable the Americans, especially younger generations annual returns peaking at up to 30 million fish. river to continue supporting jobs in the farm- who will be most greatly impacted. I commend Recognizing the river’s importance, the Envi- ing, hydropower, recreation and transportation these four students at Western Michigan Uni- ronmental Protection Agency, EPA, des- industries. versity for their leadership in taking up this dif- ignated the Columbia River as an Estuary of I am pleased to be joined by some of my ficult issue, in order to show that our nation’s National Significance in 1995 and a Large colleagues in Oregon and Washington in intro- future leaders will not be ignored when we dis- Aquatic Ecosystem in 2006. ducing this legislation. I look forward to work- cuss possible solutions regarding our future Sadly, after years of treating this great river ing with stakeholders in the Pacific Northwest retirement problems. like a machine, we know that the Columbia to move it quickly. River is plagued by habitat loss and degraded Once again, congratulations to the team at f Western Michigan University. You make your with dangerous PCBs and other chemical pol- university, state, and nation very proud. lutants that are detrimental to fish and wildlife, A TRIBUTE TO CLAUDIE C. ROYAL including thirteen species of salmon and f steelhead listed under the Endangered Spe- HON. RANDY NEUGEBAUER EARMARK DECLARATION cies Act as threatened or endangered. Legacy OF TEXAS contaminants such as DDT that were banned IN THE HOUSE OF REPRESENTATIVES in the 1970s are still detected in juvenile Chi- HON. ANH ‘‘JOSEPH’’ CAO Tuesday, February 23, 2010 OF LOUISIANA nook salmon. According to EPA and tribal sur- IN THE HOUSE OF REPRESENTATIVES veys, these contaminated fish are consumed Mr. NEUGEBAUER. Madam Speaker, in in large quantities by tribal populations, putting celebration of Black History Month, I want to Tuesday, February 23, 2010 them at risk. Other pesticides and contami- recognize Claudie C. Royal for his dedication Mr. CAO. Madam Speaker, pursuant to the nants, such as hormone disrupters from phar- to the 19th Congressional District of Texas, as Republican Leadership standards on ear- maceutical and personal care products, have well as his leadership in honoring Black His- marks, I am submitting the following informa- been found in the river and salmon and may tory Month in Abilene, Texas. Although tion regarding earmarks I received as part of impair salmon growth, health, and reproduc- Claudie passed away in 2008, the Abilene H.R. 3326—the Defense Appropriations Act, tion. These contaminants threaten not only the community continues to carry on his memory 2010: health of fish and wildlife, but the humans who and the initiatives he started. As requested by me, Rep. ANH ‘‘JOSEPH’’ depend on them. Claudie was born on February 15, 1945 in CAO, H.R. 3326—the Defense Appropriations I am proud that stakeholders in the Colum- Marlin, Texas, and raised in Abilene where he Act, 2010, provides for funding for the National bia Basin have come together in a partnership graduated from Woodson High School. After World War II Museum Expansion in the including states, tribal governments, public high school, Claudie married his high school

VerDate Nov 24 2008 04:53 Feb 24, 2010 Jkt 089060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A23FE8.041 E23FEPT1 smartinez on DSKB9S0YB1PROD with REMARKS February 23, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E213 sweetheart, Lula, on April 13, 1964. He also Mr. Paul White was born on March 23, 1947 PERSONAL EXPLANATION attended Cisco Jr. College and was an active in Oklahoma City, Oklahoma. At age eleven member of Plum Street United Methodist his mother passed away and he, along with HON. CHARLES W. DENT Church. For over 18 years, Claudie was em- his five siblings, moved to Fresno, California OF PENNSYLVANIA ployed by the Keebler Cookie Company. to be raised by their grandparents. He grad- IN THE HOUSE OF REPRESENTATIVES Abilene remembers Claudie for planning uated from Edison High School in 1962 and many community activities and for his bold- attended Fresno City College where he played Tuesday, February 23, 2010 ness in executing these plans. He dedicated basketball. He graduated from California State Mr. DENT. Madam Speaker, I regret that I his life to the youth, the elderly, the truly dis- University, Fresno with a Bachelors of Arts de- was unavoidably absent on Monday, February advantaged and those in the community who gree and a Masters degree in Public Adminis- 22, 2010, due to a death in my family. Had I were not being treated fairly. He encouraged tration. been present for the two votes which oc- others to become involved in the community. Mr. White served the Fresno community for curred, I would have voted ‘‘aye’’ on H.R. In 1980, Claudie organized an annual march over thirty years with distinguished careers in 4425, rollcall No. 49 and H.R. 4238, rollcall honoring the late Dr. Martin Luther King, Jr. health care administration, human resources No. 50. Today that annual march and associated ac- and social services. He was the first African f tivities are widely acknowledged and partici- American Assistant Administrator at Saint pated in by the citizens of Abilene. In 1981, Agnes Hospital, Valley Medical Center and the EARMARK DECLARATION Claudie was the driving force behind the de- Fresno County Health Department. Mr. White velopment of a park constructed in the com- served as the Assistant Executive Director of HON. ROY BLUNT munity of Pasadena Heights in Abilene. Fresno County Economics Opportunity Com- OF MISSOURI Through Claudie’s influence, the park was mission for many years. IN THE HOUSE OF REPRESENTATIVES named to honor Mr. Nelson Wilson, Sr., a Outside of work, Mr. White was heavily in- Tuesday, February 23, 2010 community leader and long time resident of volved with various community organizations the city. In 1989, Claudie established including: the Black Infant Health Project, Ba- Mr. BLUNT. Madam Speaker, I submit the H.O.P.E., a successful organization devoted to bies First, the Marjaree Mason Center, March following: stopping and preventing youth drug use. In of Dimes, the California Transplant Donor Net- Priority Name: Thunder Radar Pod (TRP) 1995, he was honored with the Dr. Martin Lu- work, United Network of Organ Sharing, Mi- Appropriated Amount: $1.6 million ther King, Jr. Human Services Award. After his nority Affairs Committee, Boy Scouts of Amer- Account: Air Force—RDT&E death, the Abilene City Council permanently ica and he served on the Board of Directors Legal Name of Requesting Entity: Mid- named February 15 as Claudie C. Royal Day for West Fresno Health Care Coalition, Inc. American Precision Products to honor him. For his dedicated service, Mr. White has also Address of Requesting Entity: 1927 West Claudie was a strong Christian and family been recognized and awarded by many orga- 4th Street, Joplin, MO 64801 man. Claudie and Lula had 5 children: Mi- nizations including: Fresno Metro Ministries, Description of Request: The use of taxpayer chael, Cedric, deceased, Michelle, Mitchell the California Transplant Donor Network, the funds is justified because the Air National and Matthias Royal, and five grandchildren: United Black Men of Fresno, former California Guard (ANG) has an essential requirement to Mylles, Michael Ryan, BriAnna, Myller, and Lieutenant Governor Cruz Bustamante and the provide its F–16 fighter forces with all-weather, Mylliah. California State Senate and Assembly. Mr. day & night strike and situational awareness During Black History Month, we pay tribute White passed away on March 17, 2005. He capability that will complement its current EO/ to generations of African Americans who and his wife, Sheila, had been married for IR capability with the Advanced Targeting struggled with adversity and made great con- forty years. Together they raised six children Pods. This capability can only be provided tributions to shaping our Nation. We should and had nine grandchildren. with an airborne Synthetic Aperture Radar keep in mind those who made a difference in Madam Speaker, I rise today to post- (SAR) that is capable of seeing through cloud their communities, and Claudie Royal truly humously honor Paul White. I invite my col- cover, inclement weather, and smoke ob- made a difference in Abilene, Texas. The 19th leagues to join me in honoring his life and scured targets or areas of interest. Lack of an Congressional District thanks Claudie for the wishing the best for his family. all weather targeting capability will continue to imprint he left on his community. Even though limit the USAF’s ability to effectively fulfill its he is no longer with us, we remember his de- f Destruction of Enemy Air Defense (DEAD) tasking regardless of weather and allow the voted service to Abilene. HONORING EVAN LYSACEK f enemy to operate unfettered in poor metrological conditions. This all-weather PERSONAL EXPLANATION HON. MIKE QUIGLEY DEAD capability will not be realized until ap- OF ILLINOIS proximately 2018 with the fielding of a like ca- HON. STEVE KING IN THE HOUSE OF REPRESENTATIVES pability in the F–35, making the procurement OF IOWA Tuesday, February 23, 2010 of the TRP in the near-term time frame critical. IN THE HOUSE OF REPRESENTATIVES f Mr. QUIGLEY. Madam Speaker, I rise today Tuesday, February 23, 2010 to congratulate Evan Lysacek on winning an RETIREMENT OF MARIE RICHARD Mr. KING of Iowa. Madam Speaker, on roll- Olympic gold medal in men’s figure skating. call No. 18, I was unable to vote because my Evan skated a breathtaking routine in both the HON. TED POE arrival in Washington from Iowa was delayed short program and free skate to reach the pin- OF TEXAS by severe winter weather. Had I been present, nacle of his sport on its greatest stage. All of IN THE HOUSE OF REPRESENTATIVES I would have voted ‘‘yea.’’ us in the Chicago area are proud not only of Tuesday, February 23, 2010 f what he has accomplished but also the way he has represented himself, his family, the Mr. POE of Texas. Madam Speaker, after HONORING PAUL WHITE state of Illinois and all of the United States. more than fifty years of working for The Beau- Born in Chicago and raised in Naperville, mont Enterprise newspaper, Marie Richard HON. GEORGE RADANOVICH Evan attended Neuqua Valley High School, has decided to retire. She is the longtime as- OF CALIFORNIA where he graduated with honors. In Van- sistant to the editor and very well known IN THE HOUSE OF REPRESENTATIVES couver, he became the first American man to throughout the company and the community. win gold in figure skating since Brian Boitano She began her newspaper career in 1959. Tuesday, February 23, 2010 in 1988. Evan was the U.S. Champion in 2007 At the age of twenty, she started working for Mr. RADANOVICH. Madam Speaker, I rise and 2008 and World Champion in 2009, but the Beaumont Enterprise newspaper, and now today to posthumously honor Paul White upon did not skate his best at the 2006 Olympics in at the age of seventy, she is ending her won- being honored with the ‘‘Trail Blazers Award’’ Torino, finishing fourth. His story of triumph derful career. by the African American Museum. Mr. White and redemption is one we can all learn from. She is recognized for fortifying relationships will be honored at the African American His- I wish Evan the best of luck in his figure skat- with the newspaper’s customers; an aspect of tory Month Celebration and Banquet on Satur- ing career and beyond, and am so proud to her job she has enjoyed the most. She is also day, February 6th, 2010 in Fresno, California. recognize him today. recognized for her work with the newspaper’s

VerDate Nov 24 2008 04:53 Feb 24, 2010 Jkt 089060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A23FE8.044 E23FEPT1 smartinez on DSKB9S0YB1PROD with REMARKS E214 CONGRESSIONAL RECORD — Extensions of Remarks February 23, 2010 annual holiday fund drive. Her dedication to Americans have utilized our nation’s trail ther and grandfather. He was a very special the people of the Second District of Texas is system for more than 40 years for outdoor and well respected man to many people, truly heartfelt. recreation, exercise, historic study, and gen- known for his gift of conversation, sense of Madam Speaker, the Second District of eral enjoyment of the natural beauty this coun- humor and positive approach to life. At the Texas is proud to have such a wonderful indi- try has to offer. The American Discovery Trail age of 79, Augie Accurso passed away on vidual in its community. We have no doubt will connect people to small towns, historic Sunday, February 7, 2010. that the newspaper will miss Marie Richard sites and natural wonders along a coast-to- The Queens Village, N.Y., native had sev- and her dedication to the people of Beaumont, coast route. It will provide millions of people eral other jobs before settling into law. He Texas. greater access to a trail system that can be went to barber school and worked as a phar- f utilized for two hours, two days, two weeks, macist, which his colleagues said ensured he two months or longer giving users the flexi- would carefully scrutinize chemical evidence. IN HONOR OF WILLIAM D. bility to explore the trail for as much or as little Judge Accurso started out in the Stanislaus MONTAGUE time as they want. Numerous studies have County district attorney’s office in 1969, then shown that the presence of trails and green- after a little more than a year went into private HON. DENNIS J. KUCINICH way corridors positively impact quality of life, practice. He was then selected by the county OF OHIO but also real estate property values, small Board of Supervisors to become a Justice IN THE HOUSE OF REPRESENTATIVES businesses, tourism, and even some corporate Court judge in Turlock. In 1977, the Board of Tuesday, February 23, 2010 relocations. Supervisors abolished the Justice Court, the Mr. KUCINICH. Madam Speaker, I rise The National Trails System currently has board appointed him to the Municipal Court today in honor of William D. Montague, Direc- two categories of significant long-distance bench. tor of the Cleveland, Ohio Veterans Adminis- trails. The first category is the National Historic Judge Accurso served on the bench for two tration Medical Center (Cleveland VAMC), and Trail, which are famous historic routes, such decades, and during his 20-year career as a in celebration of his retirement. For nearly as the Santa Fe Trail, Pony Express Trail, and judge, he served at every judicial level in the twenty years he provided excellence, leader- the Lewis & Clark Trail. The second category state shy of the Supreme Court. He served on ship and expertise in support of United States is the National Scenic Trail, which are classic the Justice Court, the Municipal Court, the Su- Veterans from northeast Ohio. wilderness-only routes meant for hiking far perior Court and the Court of Appeal. During Thanks in part to his hard work and dedica- from civilization, such as the Appalachian his tenure, he also served as dean of the tion, the Cleveland VAMC has consistently Trail, Pacific Crest Trail, and Continental Di- Judges College, an ongoing curriculum to help provided superior and innovative clinical care, vide Trail. judges keep abreast of judicial procedures and outreach services and numerous programs for The National Discovery Trails Act of 2010 rules. veterans and their families. Throughout his would add a third long-distance national trails Judge Accurso was also an active alumnus tenure at the Department of Veterans Affairs category called National Discovery Trails. Na- of the Theta Chi Fraternity. Judge Accurso (VA), Mr. Montague has served as CEO or tional Discovery Trails would tie together his- pledged, and was initiated, Theta Chi while at- acting CEO at six VA facilities, and has been toric and scenic trails and connect them with tending San Jose State. This was a relation- actively involved in 13 major construction population centers from small towns to big cit- ship that he held proudly throughout his life as projects which enhanced and expanded serv- ies in a way that will increase access to and he encouraged and nurtured the chapter that ices and programs for veterans. awareness of our national trail system. formed at CSU Stanislaus in the late 70s. Mr. Montague’s effective leadership and The legislation would also designate the Judge Accurso was very influential in the lives professional accomplishments have not gone American Discovery Trail as the first National of the members of the Eta Tau Chapter of unnoticed. He has been recognized numerous Discovery Trail. The American Discovery Trail Theta Chi at California State University times with local, state and national awards route—the first non-motorized way to cross Stanislaus, and was like a father to many of and honors, including the 2009 American Col- the entire country—would utilize already exist- them. lege of Healthcare Executives Federal Excel- ing right-of-ways on public land. It would be a Madam Speaker, it is my distinct honor and lence in Healthcare Leadership Award; the patchwork quilt of the country’s east-west privilege to join my community in honoring the Presidential Meritorious Award (twice); and the pathways, including National Park hiking trails, memory of Augie Accurso. He will be greatly AMVETS Civil Servant Award. Mr. Montague National Forest logging roads, sections of his- missed by all. was a key contact in working with my Con- toric routes, historic canal towpaths, rails-to- f trails conversions, state and county park trails, gressional staff to assist veterans who reside RECOGNIZING WEST VIRGINIA NA- in the 10th Congressional District. His re- country roads, small town sidewalks, and big city greenways—all stitched together to form TIONAL GUARD AND LOCAL RE- sponse and support was consistently timely SPONDERS FOR HEROIC WORK and thorough. one trail from the Atlantic to the Pacific. The Madam Speaker and colleagues, please join National Park Service supported creation of me in honor of William D. Montague, retiring the National Discovery Trail designation in a HON. NICK J. RAHALL II Director of the Cleveland VAMC, who served comprehensive feasibility study in 1996. OF WEST VIRGINIA with integrity, dedication, diligence, compas- Madam Speaker, it is time to expand the IN THE HOUSE OF REPRESENTATIVES sion and expertise. I thank Mr. Montague for national trails system and establish American Tuesday, February 23, 2010 all of his assistance to United States Veterans Discovery Trails, linking community to commu- Mr. RAHALL. Madam Speaker, I rise today of the 10th Congressional District and the re- nity and providing trail users the opportunity to to recognize the heroic efforts of my fellow gion. I wish him and his family peace, health journey into the heart of all that is uniquely West Virginians, who safely and successfully and happiness as he journeys onward. American—its culture, heritage, landscape, rescued 17 individuals from a downed military f and spirit. I hope my colleagues will join me in supporting of this legislation. helicopter in Pocahontas County, WV, last week. The Navy helicopter was participating in NATIONAL DISCOVERY TRAILS f ACT OF 2010 the Operation Southbound Trooper X annual IN RECOGNITION OF JUDGE J. military exercise, when it went down in a deep HON. JOHN P. SARBANES AUGUSTUS ACCURSO snow-covered and rugged site, which lies in OF MARYLAND northwestern Pocahontas County. A West Virginia Army National Guard HH– IN THE HOUSE OF REPRESENTATIVES HON. DENNIS A. CARDOZA 60 Blackhawk helicopter—piloted by Bluefield, Tuesday, February 23, 2010 OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES WV, native Major Kevin Hazuka—located the Mr. SARBANES. Madam Speaker, I rise downed aircraft. Two medics were lowered to today to introduce the bipartisan National Dis- Tuesday, February 23, 2010 the landing site to assess the situation and covery Trails Act of 2010. This legislation Mr. CARDOZA. Madam Speaker, it is with provide assistance to the injured. A C–130 seeks to connect existing trails, greenways, the greatest respect and admiration that I rise Hercules aircraft from the 130th Airlift Wing in and country roads to form the American Dis- today to honor the late Judge J. Augustus Charleston was dispatched and orbited the covery Trail a unique coast-to-coast, non-mo- ‘‘Augie’’ Accurso. Augie was not only an en- site to maintain communications with the torized, multi-use trail accessible to urban and gaged member of our community in Stanislaus downed aircraft, while emergency response rural areas alike all across the country. County, California, but he was a beloved fa- and rescue teams worked through the night

VerDate Nov 24 2008 04:53 Feb 24, 2010 Jkt 089060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\K23FE8.009 E23FEPT1 smartinez on DSKB9S0YB1PROD with REMARKS February 23, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E215 and into the next morning to make their way MELANIE SHOUSE vestments’’. Today, Robert’s wife Gloria Bow- to the survivors. man, his six daughters, sixteen grandchildren, A February 20th editorial in the Beckley, HON. RUSS CARNAHAN and ten great grandchildren, continue to live WV, Register-Herald newspaper titled, ‘‘Our OF MISSOURI out his legacy. Nature,’’ perhaps tells this story best: IN THE HOUSE OF REPRESENTATIVES Robert Bowman was someone whom I knew personally. I valued his judgment and When a crisis strikes, West Virginia re- Tuesday, February 23, 2010 guidance. At heart, he was always a farmer, sponds. Time and time again. We’ve seen it Mr. CARNAHAN. Madam Speaker, I rise with an undeniable belief in the agricultural in- this winter during all the snowstorms that today to offer my sincere condolences to the dustry, inspiring all those who knew him. Rob- have paralyzed different regions of the state. family and friends of an individual I was just ert’s impact will not end today. His life’s val- We’ve seen it during all the major floods. We’ve seen it in the aftermath of major acci- beginning to get to know last year during the ues, devotion to the agricultural industry, and dents. We’ve seen it beyond our borders, like height of the intense debate over health insur- commitment to education will live on through helping with the relief effort following Hur- ance reform—Melanie Shouse. It is with sad- his family, friends, and community. ricane Katrina, like battling western forest ness that I inform you that we have lost f fires. Melanie earlier this month entirely too soon. IN HONOR OF MRS. MINNIE L. West Virginians are ready to help in a mo- Melanie was diagnosed with breast cancer JONES ment’s notice, often without being asked years ago and was unable to afford a doctor. Paid responders. Volunteer responders. After being diagnosed she became one of the Neighbors. Even those who may not be phys- St. Louis area’s strongest advocates for health HON. DENNIS J. KUCINICH ically able to provide aid will show up with care reform, but sadly wasn’t able to see her OF OHIO food, drink and supplies for those who are. hard work come to fruition. IN THE HOUSE OF REPRESENTATIVES And now we’ve seen it again with what are Last year, she was kind enough to share Tuesday, February 23, 2010 being described as ‘‘heroic’’ efforts on the her story with those for and against health in- part of many who rescued 17 military per- surance reform at one of my town hall meet- Mr. KUCINICH. Madam Speaker, I rise sonnel aboard a Virginia-based Navy heli- ings. Melanie handled herself with great poise today in honor of Mrs. Minnie L. Jones in cele- copter that crashed during a training exer- and distinction as she had throughout her time bration of her 90th birthday. cise Thursday on a rugged, snow-covered advocating for reform and I could not thank Mrs. Jones has been blessed over her life- mountain on the Pocahontas-Randolph coun- time with faith, family and friends. She is ty line. her enough. She so successfully made the case for reform. Despite our loss, she con- known for her positive outlook and for seeing ‘‘I’d like to thank the West Virginia Na- tinues to give us hope that health insurance the good in others. She lives every day with tional Guard and the local responders for a grateful heart and warm smile. their heroic work,’’ Navy Capt. Steve reform can become a reality. Schreiber said ‘‘Their efforts were extraor- My thoughts are with Melanie’s partner Mrs. Jones’ abiding faith continues to be a dinary and took place under the most dif- Steve, her parents, sisters and grandmother. source of strength and joy. She is a life-long ficult of situations. The rescuers had to tra- Melanie served as an inspiration for so many member of and missionary with the African verse more than three miles from the nearest and will be sorely missed. Methodist Episcopal Church of Cleveland, road through heavily wooded and moun- f Ohio, where she volunteers her time. Aside tainous terrain to reach the crash site.’’ from her time at the church, Mrs. Jones’ great- ‘‘A special thanks to the Snowshoe Moun- RECOGNIZING THE LIFE AND PUB- est joy in life is spending time with her family tain Ski Resort for providing Snowcats that LIC SERVICE OF ROBERT BOW- and friends. She remains close with her grown enabled first responders to reach the site.’’ MAN children—Billy, Patricia, Mabel, Kenneth, Staf- The West Virginia National Guard and ford, Sandra, Larry and Cindy. She is also a first responders around the state have a way HON. DEVIN NUNES doting grandmother and great-grandmother. of turning the extraordinary into the ordi- OF CALIFORNIA Mrs. Jones loves to cook and share memo- nary. In other words, we’ve seen it enough IN THE HOUSE OF REPRESENTATIVES rable holiday and Sunday meals with family times to still marvel but not be surprised by and friends, and welcomes everyone with hos- Tuesday, February 23, 2010 what they do, even as they take rescue ef- pitality and friendship. forts to another level. Mr. NUNES. Madam Speaker, I rise today Madam Speaker and colleagues, please join And this one reached another level, lit- to recognize the life and public service of Mr. me in honor of Mrs. Minnie L. Jones upon the erally and figuratively. ‘‘. . . we’ve never Robert F. Bowman, a life-long farmer and agri- joyous occasion of her 90th birthday. Her love had anything quite this big,’’ said Shannon cultural leader, well known throughout the San of family, love of life, service to others and Boehmer, chief of the Shavers Fork Volun- Joaquin Valley, California and the nation. youthful spirit have all served as an inspira- teer Fire Department. Robert served in the U.S. Army as a second tional example for all of us to follow. I wish After rescuers went as far as they could lieutenant, stationed in Okinawa, Japan during Mrs. Jones abundance of peace, health and with special equipment along a railroad WWII. He later graduated from California Poly- happiness today, and throughout the years to grade, Boehmer said, ‘‘it was still about a 45- technic State University, San Luis Obispo in minute hike in five feet of snow, straight up come. the side of a mountain . . . It was probably 1950 with a B.S. in Animal Sciences. f From very meager beginnings, at age 15, a 50-degree pitch or so. The guys described it HONORING BILLY DILWORTH FOR as like climbing a ‘snow ladder.’ ’’ Robert and his parents formed a farming partnership that would grow from Kern to Tulare HIS FIFTY YEAR CAREER IN Have you ever tried to walk in 5 feet of County. With a legacy that began in the BROADCASTING AND JOUR- snow? Even on flat ground, just a few steps NALISM can wear you out. depths of the Great Depression, Robert ran a successful farming operation for nearly 70 Sometimes we may not realize what we have here in West Virginia. We have the fin- years. HON. PAUL C. BROUN est National Guard unit in the country, first While Robert’s impact on the agricultural in- OF GEORGIA responders to match and a general willing- dustry is immeasurable, perhaps his greatest IN THE HOUSE OF REPRESENTATIVES contribution was to the student-leadership or- ness by everyone to help. Tuesday, February 23, 2010 One thing is for sure: The US. Navy now ganization, Future Farmers of America, FFA, knows. where he was elected as the first national Mr. BROUN of Georgia. Madam Speaker, I president from California in 1941. His dedica- rise today to honor Billy Dilworth, a legend in And, now Madam Speaker, as I share this tion to vocational agriculture was exemplified Georgia broadcasting, and an award winning with our colleagues, the world now knows the by his continual support of the organization journalist who is known by thousands in north- courage, ability, incredible determination, and through his help in establishing the first Cali- east Georgia for his newspaper articles as willingness to lend a neighborly hand of West fornia FFA center in 2005 in Galt, California. well as his television and radio shows. Virginians—from those who serve in and lead First and foremost, Robert was a husband Just after graduating from the University of our West Virginia National Guard, to our local and father; patriarch to a family devoted to Georgia, his career got off to a great start. His fire, rescue and first responder units, and the serving the agricultural industry. He believed first interview was with a rising star in the countless volunteers, families and neighbors in family and education and was known to tell music world named Elvis. His second inter- nearby. people; ‘‘that his six girls were his greatest in- view was with a well-known politician, Harry

VerDate Nov 24 2008 04:53 Feb 24, 2010 Jkt 089060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\A23FE8.050 E23FEPT1 smartinez on DSKB9S0YB1PROD with REMARKS E216 CONGRESSIONAL RECORD — Extensions of Remarks February 23, 2010 Truman. In fact, during his time as a journalist Texas and Americans everywhere mourn his themselves with their commitment to the noble and radio personality, Billy would interview five tragic loss. ideals upon which the United States was presidents and several country music stars. Madam Speaker, I ask you and my col- founded and courageously fought for the rights But most importantly, he always made time for leagues to join me in expressing our sincere and freedom of African-Americans, and Dr. folks in the community. condolences to Vernon Hunter’s family and to Martin Luther King, Jr. lived and died to make Over the past twenty years, Billy has hosted recognize his heroic contributions to his coun- real these noble ideas. He is most known for ‘‘The Billy Dilworth Show’’ on WNEG–TV. Dur- try. Mr. Hunter represents the unsung Amer- his ‘‘I Have A Dream’’ speech. ing the show, he and co-host Michelle Austin ican heroes who dedicate themselves every The Honorable Barack Hussein Obama was have entertained viewers with their great day to serving their country and their fellow elected the 44th President of the United humor, music selections, and updates from men and women. We owe them all a debt of States, making him the first African-American political, civic, and religious leaders. One of gratitude. Chief Executive. President Obama’s election their regular segments that I can certainly re- f to the U.S. Presidency broke one of the last late to was named ‘‘Doctor’s House Calls’’ and racial barriers in politics in this country. Presi- RECOGNIZING BLACK HISTORY allowed live call-in questions. dent Obama has inspired hopes in the lives of I ask my colleagues to join me in honoring MONTH many Americans across the country and to people across the globe. this Georgia legend. Though he is stepping SPEECH OF away from the limelight, he can never be re- Black History Month is an important time placed. I, along with the rest of his viewers, HON. SHEILA JACKSON LEE that we recognize the contributions of African- will miss him. His talent and work will not be OF TEXAS Americans in the Nation’s history and encour- forgotten. IN THE HOUSE OF REPRESENTATIVES ages the continued celebration of February to f Monday, February 22, 2010 provide an opportunity for all peoples of the United States to learn more about the past PERSONAL EXPLANATION Ms. JACKSON LEE of Texas. Madam and to better understand the experiences that Speaker, I rise today in support of H. Res. have helped shape the Nation. 1046, ‘‘Recognizing the significance of Black HON. BOB ETHERIDGE History Month’’ and for other purposes, intro- f OF NORTH CAROLINA duced by my distinguished colleague from HONORING REVEREND RANDOLPH IN THE HOUSE OF REPRESENTATIVES Texas, Representative GREEN. ‘‘Black History BRACY, JR.’S SERVICE TO THE Tuesday, February 23, 2010 Month,’’ recognizes, reflects, and honors the FLORIDA COMMUNITY Mr. ETHERIDGE. Madam Speaker, I regret many contributions, achievements and works that yesterday a prior engagement prevented of African-Americans who have influenced HON. ALAN GRAYSON my timely return to Washington. I was, there- American history through their selflessness OF FLORIDA fore, unable to cast a vote on a number of roll- and sacrifices. The origins of ‘‘Black History IN THE HOUSE OF REPRESENTATIVES call votes. Month’’ derived from Negro History Week, in Tuesday, February 23, 2010 Had I been present, I would have voted efforts to enhance the knowledge of Black his- Mr. GRAYSON. Madam Speaker, I rise ‘‘yes’’ on H.R. 4425, designating the facility of tory started through the Journal of Negro His- today to honor Reverend Randolph Bracy, Jr. the United States Postal Service located at 2– tory, published by Dr. Carter G. Woodson’s for his dedicated service to his church, our 116th Street in North Troy, New York, as the Association for the Study of African-American central Florida community, and our great State ‘‘Martin G. ‘Marty’ Mahar Post Office.’’ I also Life and History. The birthdays of President of Florida. Born on November 4, 1944, Rev- would have voted ‘‘yes’’ on H.R. 4238, desig- Abraham Lincoln and abolitionist Frederick erend Bracy, Jr. is a native of Jacksonville, nating the facility of the United States Postal Douglass inspired the creation of Negro His- Florida and has since given a great deal back Service located at 930 39th Avenue in Gree- tory Week. to our community. ley, Colorado, as the ‘‘W.D. Farr Post Office Negro History Week is the precursor to Black History Month, and the month of Feb- Reverend Bracy, Jr. graduated from Be- Building.’’ thune-Cookman College, Daytona Beach, Flor- ruary has been celebrated as Black History f ida in 1967 with a Bachelor of Science Degree Month since 1926 when a special period of in Biology. In 1970, he pursued graduate stud- TRIBUTE TO VERNON HUNTER time was set aside to recognize and celebrate ies in Guidance and Counseling, and grad- the heritage and achievements of African- uated from Florida A&M University with a Mas- Americans. Whereas the first African-Ameri- HON. JAMES E. CLYBURN ter’s of Education Degree. Later in 1974, he OF SOUTH CAROLINA cans were brought involuntarily to the shores earned the Doctor of Education Degree from IN THE HOUSE OF REPRESENTATIVES of the America as early as the 17th century the University of Florida in Higher Education and despite being held in slavery, African- Tuesday, February 23, 2010 Administration. In 1982, he received the Mas- Americans in all walks of life have made sig- ter of Divinity Degree from Colgate-Rochester Mr. CLYBURN. Madam Speaker, I rise nificant contributions throughout the history of Divinity School in Rochester, New York. In today to pay tribute to an American hero. the United States. Significant contributions 1999, he earned a certificate at the Center for Vernon Hunter was an unsung hero who was made by African-Americans include the— thrust into the national spotlight when his life (1) Writings of Booker T. Washington, Phyl- the Study of Values in Public Life at the Har- was tragically cut short last week in the sense- lis Wheatley, James Baldwin, Toni Morrison, vard Divinity School in Cambridge, Massachu- less attack on his office in Austin, Texas. Ralph Ellison, Zora Neale Hurston, and Alex setts with the Summer Leadership Institute. In Mr. Hunter was a model citizen who spent Haley; 2004, he presented a paper at the Oxford his life in the service of his country. He served (2) Music of Mahalia Jackson, Billie Holiday, Round Table on Religion, Education and the in the Army for 22 years, including two combat John Coltrane, Bessie Smith, and Duke Elling- Role of Government at the University of Ox- tours in Vietnam. After his service ended, Mr. ton; ford in England. Reverend Bracy’s educational Hunter spent several years in the private sec- (3) Resolve of athletes such as Jackie Rob- accomplishments are only surpassed by his tor before starting work at the IRS where he inson, Althea Gibson, Jesse Owens, Wilma commitment and work in the community. was employed for 27 years. Rudolph, and Muhammad Ali; In 1991, he joined the Shiloh Missionary Friends and family indicate that Mr. Hunter (4) Scientific advancements of George Baptist Church of Orlando, Florida. In August was a loving father and husband who re- Washington Carver, Charles Drew, Benjamin 1992, he and his wife, Dr. LaVon Wright mained fiercely committed to public service Banneker, and Mae Jemison; Bracy, led the organization of the New Cov- and those around him for all his days. They (5) Vision of leaders such as Frederick enant Baptist Church of Orlando. The New report that Mr. Hunter was considering retiring Douglass, Mary McLeod Bethune, Thurgood Covenant Church has grown to a membership from the IRS to start a new career as a spe- Marshall, Martin Luther King, and Shirley Chis- of more than 2,000. The New Covenant cial education teacher. holm; and Church has created a charter school to edu- Mr. Hunter was born and raised in Orange- (6) Bravery of those who stood on the front cate and mentor hundreds of youth. They burg, South Carolina, a city I am proud to rep- lines in the battle against oppression, such as have created a community development cor- resent. He grew up there and graduated from Sojourner Truth, Fannie Lou Hammer, and poration that has rehabbed neighborhoods, Wilkinson High School in 1959. Rosa Parks. created safe havens for after-school and com- He is survived by his wife Valerie and their In the face of injustices, United States citi- munity activities, and provided financial and six children. The citizens of South Carolina, zens of good will and of all races distinguished housing counseling.

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VerDate Nov 24 2008 04:53 Feb 24, 2010 Jkt 089060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\A23FE8.057 E23FEPT1 smartinez on DSKB9S0YB1PROD with REMARKS Tuesday, February 23, 2010 Daily Digest Senate Chamber Action House Messages: Commerce, Justice, Science, and Related Agen- Routine Proceedings, pages S677–S716 cies Appropriations Act: Senate continued consid- Measures Introduced: Eleven bills and two resolu- eration of the amendment of the House of Rep- tions were introduced, as follows: S. 3017–3027, and resentatives to the amendment of the Senate to H.R. S. Res. 419–420. Page S698 2847, making appropriations for the Departments of Measures Reported: Commerce and Justice, and Science, and Related S. 1224, A bill to reauthorize the Chesapeake Bay Agencies for the fiscal year ending September 30, Office of the National Oceanic and Atmospheric Ad- 2010, taking action on the following motions and ministration, with an amendment in the nature of a amendment proposed thereto: Pages S681–93 substitute. (S. Rept. No. 111–126) Pending: S. 2768, to amend title 49, United States Code, Senator Reid entered a motion to concur in the to authorize appropriations for the National Trans- amendment of the House to the amendment of the portation Safety Board for fiscal years 2010 through Senate to the bill, with Reid Amendment No. 3310 2014, with an amendment in the nature of a sub- (to the House Amendment to the Senate Amend- stitute. (S. Rept. No. 111–127) Pages S698 ment), in the nature of a substitute. Page S681 Reid Amendment No. 3311 (to Amendment No. Measures Passed: 3310), to change the enactment date. Page S681 Truth in Caller ID Act: Senate passed S. 30, to A unanimous-consent agreement was reached pro- amend the Communications Act of 1934 to prohibit viding for further consideration of the amendment of manipulation of caller identification information, the House of Representatives to the amendment of after agreeing to the following amendment proposed the Senate to the bill at approximately 9:30 a.m., on thereto: Page S713–14 Wednesday, February 24, 2010, and all post-cloture Reid (for Rockefeller) Amendment No. 3325, to time be considered expired, except for any time revise the provision relating to the effect of the new available until 9:55 a.m., and at 9:55 a.m., Senate subsection on other laws. Page S713 vote on the motion to waive the applicable budget Early Detection Month for Cancer: Committee points of order; provided further, that if the points on Health, Education, Labor, and Pensions was dis- of order are waived, without further intervening ac- charged from further consideration of H. Con. Res. tion, Reid Amendment No. 3311 (to Amendment 158, expressing support for the designation of an No. 3310) (listed above), be withdrawn, and no fur- Early Detection Month for breast cancer and all ther amendments be in order; Senate then vote on forms of cancer, and the resolution was then agreed Reid Motion to concur in the amendment of the to. Page S714 House to the amendment of the Senate to the bill, Recognizing the American Kennel Club: Com- with Reid Amendment No. 3310 (to the House mittee on the Judiciary was discharged from further Amendment to the Senate Amendment); provided consideration of S. Res. 393, recognizing the con- further, upon disposition of the amendment of the tributions of the American Kennel Club, and the House of Representatives to the amendment of the Senate to H.R. 2847, Senate proceed to a period of resolution was then agreed to. Pages S714–15 morning business. Page S693 National Engineers Week: Committee on Com- merce, Science, and Transportation was discharged Message From the President: Senate received the from further consideration of S. Res. 417, supporting following message from the President of the United the goals and ideals of National Engineers Week, States: and the resolution was then agreed to. Page S715 D125

VerDate Nov 24 2008 05:32 Feb 24, 2010 Jkt 089060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D23FE0.REC D23FEPT1 smartinez on DSKB9S0YB1PROD with DIGEST D126 CONGRESSIONAL RECORD — DAILY DIGEST February 23, 2010 Transmitting, pursuant to law, a report on the DEFENSE BUDGET AND WAR COSTS continuation of the national emergency that was de- Committee on the Budget: Committee to examine the clared with respect to the Government of Cuba’s de- defense budget and war costs, focusing on an inde- struction of two unarmed U.S.-registered civilian air- pendent look, after receiving testimony from Lieu- craft; which was referred to the Committee on Bank- tenant General Paul K. Van Riper, United States ing, Housing, and Urban Affairs. (PM–46) Page S696 Marine Corps (Ret.), Williamsburg, Virginia; Cindy Messages From the House: Page S696 Williams, Massachusetts Institute of Technology Se- curity Studies Program, Cambridge; and Gordon Measures Referred: Page S696 Adams, American University School of International Executive Communications: Pages S696–98 Service, Washington, DC. Additional Cosponsors: Pages S698–S700 IMPROVING ENERGY EFFICIENCY Statements on Introduced Bills/Resolutions: Committee on Commerce, Science, and Transportation: Sub- Pages S700–11 committee on Communications, Technology, and the Internet concluded a hearing to examine improving Additional Statements: Pages S695–96 energy efficiency through technology and commu- Amendments Submitted: Pages S711–12 nications innovation, after receiving testimony from Notices of Hearings/Meetings: Page S712 Aneesh Chopra, Chief Technology Officer and Asso- ciate Director for Technology, Office of Science and Authorities for Committees to Meet: Page S712 Technology Policy, Executive Office of the President Adjournment: Senate convened at 10 a.m. and ad- of the United States; Daniel R. Hesse, Sprint Nextel journed at 7:18 p.m., until 9:30 a.m. on Wednes- Corporation, Overland Park, Kansas; Adrian Tuck, day, February 24, 2010. (For Senate’s program, see Tendril Networks, Inc., Boulder, Colorado; Kathrin the remarks of the Majority Leader in today’s Record Winkler, EMC Corporation, Hopkinton, Massachu- on pages S715–16.) setts; and Lorie Wigle, Intel Corporation, Hillsboro, Oregon. Committee Meetings CYBERSECURITY Committee on Commerce, Science, and Transportation: (Committees not listed did not meet) Committee concluded a hearing to examine cybersecurity, focusing on the next steps to protect our crit- LIGHT DUTY ELECTRIC VEHICLES ical infrastructure, after receiving testimony from Rear Admiral James Arden Barnett, Jr., USN (Ret.), Committee on Appropriations: Subcommittee on Energy Chief, Public Safety and Homeland Security Bureau, and Water Development concluded a hearing to ex- Federal Communications Commission; Vice Admiral amine the opportunities and challenges presented in Michael McConnell, USN (Ret.), Booz Allen Ham- increasing the number of electric vehicles in the ilton, Herndon, Virginia; James A. Lewis, Center for light duty automotive sector, after receiving testi- Strategic and International Studies, Washington, mony from Henry Kelly, Principle Deputy Assistant D.C.; Scott Borg, U.S. Cyber Consequences Unit, Secretary of Energy for Energy Efficiency and Re- Norwich, Vermont; and Mary Anne Davidson, Ora- newable Energy; Frederick W. Smith, FedEx Cor- cle Corporation, Redwood Shores, California. poration, Memphis, Tennessee; Richard Lowenthal, Coulomb Technologies, Campbell, California; Alan EPA BUDGET Taub, General Motors, Detroit, Michigan; Kraig Committee on Environment and Public Works: Com- Higginson, Raser Technologies, Provo, Utah; and mittee concluded a hearing to examine the Presi- Mary Ann Wright, Johnson Controls, Inc., Holland, dent’s proposed budget request for fiscal year 2011 Michigan. for the Environmental Protection Agency, after receiving testimony from Lisa Jackson, Administrator, DEFENSE AUTHORIZATION REQUEST Environmental Protection Agency. Committee on Armed Services: Committee concluded a TRADE AND TAX ISSUES RELATING TO hearing to examine proposed defense authorization SMALL BUSINESS request for fiscal year 2011 for the Future Years De- Committee on Finance: Committee concluded a hearing fense Program, after receiving testimony from John to examine trade and tax issues relating to small M. McHugh, Secretary, and General George W. business job creation, after receiving testimony from Casey Jr., Chief of Staff, both of the United States James Sanford, Assistant United States Trade Rep- Army, Department of Defense. resentative for Small Business, Market Access and

VerDate Nov 24 2008 05:32 Feb 24, 2010 Jkt 089060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D23FE0.REC D23FEPT1 smartinez on DSKB9S0YB1PROD with DIGEST February 23, 2010 CONGRESSIONAL RECORD — DAILY DIGEST D127 Competitiveness; Spencer Williams, West Paw De- CENSUS DAY sign, Bozeman, Montana; and Eric J. Toder, Urban Committee on Homeland Security and Governmental Af- Institute, Chris Edwards, Cato Institute, and Bill fairs: Subcommittee on Federal Financial Manage- Rys, National Federation of Independent Business, ment, Government Information, Federal Services, all of Washington, DC. and International Security concluded a hearing to examine census day, focusing on the progress report on U.S.-NIGERIA RELATIONSHIP the Census Bureau’s preparedness for the enumera- Committee on Foreign Relations: Subcommittee on Afri- tion, the status of key IT systems, steps the Bureau can Affairs concluded a hearing to examine the has taken to revise its cost estimates, and the extent United States-Nigeria relationship in a time of tran- to which critical enumeration activities, particularly sition, after receiving testimony from Johnnie Car- those aimed at hard-to-count populations, are on son, Assistant Secretary of State for African Affairs; track, after receiving testimony from Robert M. John Campbell, Council on Foreign Relations, New Groves, Director, U.S. Census Bureau, Economics York, New York; and Peter M. Lewis, Johns Hop- and Statistics Administration, and Todd J. Zinser, kins University Paul H. Nitze School of Advanced Inspector General, both of the Department of Com- International Studies, and Nuhu Ribadu, Center for merce; and Robert Goldenkoff, Director, Strategic Issues, Government Accountability Office. Global Development, both of Washington, DC. FOREIGN LIBEL LAWSUITS AFGHANISTAN WOMEN AND GIRLS Committee on the Judiciary: Committee concluded a Committee on Foreign Relations: Subcommittee on Near hearing to examine H.R. 2765, to amend title 28, Eastern and South and Central Asian Affairs with United States Code, to prohibit recognition and en- the Subcommittee on International Operations and forcement of foreign defamation judgments and cer- Organizations, Human Rights, Democracy and tain foreign judgments against the providers of Global Women’s Issues, concluded a joint hearing to interactive computer services, and S. 449, to protect examine Afghan women and girls, focusing on build- free speech, after receiving testimony from Kurt ing the future of Afghanistan, after receiving testi- Wimmer, Covington & Burling LLP, and Bruce D. mony from Melanne Verveer, Ambassador-at-Large Brown, Baker & Hostetler LLP, both of Washington, for Global Women’s Issues, Department of State; DC. James Bever, Director, Afghanistan-Pakistan Task INTELLIGENCE Force, United States Agency for International Devel- Select Committee on Intelligence: Committee held closed opment; and Sima Samar, Afghanistan Independent hearings on intelligence matters, receiving testimony Human Rights Commission, and Rachel Reid, from officials of the intelligence community. Human Rights Watch, both of Kabul, Afghanistan. Committee recessed subject to the call.

VerDate Nov 24 2008 05:32 Feb 24, 2010 Jkt 089060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D23FE0.REC D23FEPT1 smartinez on DSKB9S0YB1PROD with DIGEST D128 CONGRESSIONAL RECORD — DAILY DIGEST February 23, 2010 House of Representatives Honoring the heroism of the seven United States Chamber Action Agency for International Development and Office Public Bills and Resolutions Introduced: 28 pub- of U.S. Foreign Disaster Assistance supported lic bills, H.R. 4645–4672; 1 private bill, H.R. urban search and rescue teams deployed to Haiti: 4673; and 8 resolutions, H. Con. Res. 238; and H. H. Res. 1059, amended, to honor the heroism of the Res. 1095–1097, 1099, 1100–1102 were introduced. seven United States Agency for International Devel- Pages H753–55 opment and Office of U.S. Foreign Disaster Assist- ance supported urban search and rescue teams de- Additional Cosponsors: Pages H755–56 ployed to Haiti from New York City, New York, Reports Filed: Reports were filed today as follows: Fairfax County, Virginia, Los Angeles County, Cali- H.R. 4247, to prevent and reduce the use of phys- fornia, Miami, Florida, Miami-Dade County, Florida, ical restraint and seclusion in schools, with an and Virginia Beach, Virginia, and commending their amendment (H. Rept. 111–417) and dedication and assistance in the aftermath of the Jan- H. Res. 1098, providing for consideration of the uary 12, 2010 Haitian earthquake, by a 2⁄3 yea-and- bill (H.R. 4626) to restore the application of the nay vote of 406 yeas with none voting ‘‘nay’’, Roll Federal antitrust laws to the business of health insur- No. 53; Pages H671–73, H697 ance to protect competition and consumers (H. Rept. Agreed to amend the title so as to read: ‘‘Hon- 111–418). Page H753 oring the heroism of the seven United States Agency for International Development, Office of U.S. For- Speaker: Read a letter from the Speaker wherein she eign Disaster Assistance, and Federal Emergency appointed Representative Tonko to act as Speaker Management Agency supported urban search and pro tempore for today. Page H651 rescue teams deployed to Haiti from New York City, Recess: The House recessed at 10:51 a.m. and re- New York, Fairfax County, Virginia, Los Angeles convened at 12 noon. Page H653 County, California, the City of Miami, Florida, Chaplain: The prayer was offered by the Guest Miami-Dade County, Florida, and Virginia Beach, Chaplain, Reverend Dr. Alan Keiran, Office of the Virginia, and commending their dedication and assistance in the aftermath of the January 12, 2010, United States Senate Chaplain. Page H653 Haitian earthquake.’’. Page H697 Committee Resignation: Read a letter from Rep- resentative Walden, wherein he resigned from the Commending the efforts and honoring the work Committee on Energy and Commerce, effective of the men and women of USNS Comfort and the United States Navy: H. Res. 1048, amended, to today. Page H653 commend the efforts and honor the work of the men Committee Election: The House agreed to H. Res. and women of USNS Comfort and the United States 1095, electing a Minority member to a standing Navy in the immediate response to those affected by committee of the House of Representatives: Com- the earthquake that struck Haiti on January 12, mittee on Energy and Commerce: Representative 2010; Pages H679–83 Griffith. Page H653 Billy’s Law: H.R. 3695, amended, to authorize Suspensions: The House agreed to suspend the rules funding for, and increase accessibility to, the Na- and agree to the following measures: tional Missing and Unidentified Persons System, to Recognizing the bravery and efforts of the facilitate data sharing between such system and the United States Armed Forces, local first responders, National Crime Information Center database of the and other members of Operation Unified Response: Federal Bureau of Investigation, and to provide in- H. Res. 1066, to recognize the bravery and efforts centive grants to help facilitate reporting to such of the United States Armed Forces, local first re- systems; and Pages H683–87 sponders, and other members of Operation Unified Expressing support for designation of March as Response for their swift and coordinated action in National Nutrition Month: H. Res. 274, to express light of the devastation wrought upon the nation of support for designation of March as National Nutri- Haiti after a horrific 7.0 magnitude earthquake tion Month. Pages H688–90 struck Port-Au-Prince and surrounding cities on Jan- Suspensions—Proceedings Resumed: The House uary 12, 2010, by a 2⁄3 yea-and-nay vote of 406 yeas agreed to suspend the rules and agree to the fol- with none voting ‘‘nay’’, Roll No. 52; lowing measures which were debated on Monday, Pages H667–71, H696–97 February 22nd:

VerDate Nov 24 2008 05:32 Feb 24, 2010 Jkt 089060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D23FE0.REC D23FEPT1 smartinez on DSKB9S0YB1PROD with DIGEST February 23, 2010 CONGRESSIONAL RECORD — DAILY DIGEST D129 Supporting the goals and ideals of American tions. The amendment further clarifies that, pending Heart Month and National Wear Red Day: H. negotiations and subsequent implementation legisla- Res. 1039, to support the goals and ideals of Amer- tion, the following will occur: there will be no ‘‘In- ican Heart Month and National Wear Red Day, by dian Country’’ within Hawaii; the United States will a 2⁄3 yea-and-nay vote of 408 yeas with none voting not take land into trust, nor restrict alienability of ‘‘nay’’, Roll No. 54 and Page H698 land owned by the Native Hawaiian governing enti- Recognizing the significance of Black History ty; the governing entity may not exercise certain Month: H. Res. 1046, to recognize the significance powers and authorities such as jurisdiction over non of Black History Month, by a 2⁄3 recorded vote of Native Hawaiian individuals without their consent; 402 ayes with none voting ‘‘no’’, Roll No. 55. and the State of Hawaii will retain regulatory and Pages H699–H700 taxation authority over Native Hawaiians and the Suspensions—Proceedings Postponed: The House Native Hawaiian governing entity (by a yea-and-nay debated the following measures under suspension of vote of 245 yeas to 164 nays, Roll No. 58). the rules. Further proceedings were postponed: Pages H714–25, H730 Rejected: Honoring the life of Miep Gies: H. Res. 1074, Hastings (WA) amendment (No. 1 printed in part to honor the life of Miep Gies, who aided Anne B of H. Rept. 111–413) to the amendment in the Frank’s family while they were in hiding and pre- nature of a substitute that sought to require that the served her diary for future generations; Pages H673–75 voters of Hawaii approve the governing documents Expressing the sense of the House of Representa- for the Native Hawaiian governing entity before fed- tives on religious minorities in Iraq: H. Res. 944, eral recognition becomes operative (by a yea-and-nay amended, to express the sense of the House of Rep- vote of 163 yeas to 241 nays, Roll No. 56) and resentatives on religious minorities in Iraq; Pages H725–26, H728–29 Pages H675–79 Flake amendment (No. 2 printed in part B of H. Supporting the goals and ideals of National Rept. 111–413) to the amendment in the nature of Urban Crimes Awareness Week: H. Con. Res. 227, a substitute that sought to state that nothing in the amended, to support the goals and ideals of National Act shall relieve a Native Hawaiian governing au- Urban Crimes Awareness Week; and Pages H687–88 thority from complying with the equal protection Honoring and celebrating the contributions of clause of the 14th amendment to the United States African-Americans to the transportation and in- Constitution (by a yea-and-nay vote of 177 yeas to frastructure of the United States: H. Res. 1085, to 233 nays, Roll No. 57). Pages H726–28, H729–30 honor and celebrate the contributions of African- H. Res. 1083, the rule providing for consideration Americans to the transportation and infrastructure of of the bill, was agreed to by a yea-and-nay vote of the United States. Pages H690–93 238 yeas to 165 nays, Roll No. 51, after the previous question was ordered without objection. Native Hawaiian Government Reorganization Act: The House passed H.R. 2314, to express the Page H696 policy of the United States regarding the United Presidential Message: Read a message from the States relationship with Native Hawaiians and to President wherein he notified Congress of the con- provide a process for the recognition by the United tinuation of the national emergency with respect to States of the Native Hawaiian governing entity, by the Government of Cuba’s destruction of two un- a yea-and-nay vote of 245 yeas to 164 nays, Roll armed U.S.-registered civilian aircraft in inter- No. 59. Pages H693–96, H700–31 national airspace north of Cuba on February 24, Agreed to: 1996 is to continue in effect beyond March 1, Abercrombie amendment in the nature of a sub- 2010—referred to the Committee on Foreign Affairs stitute (No. 1 printed in part A of H. Rept. and ordered printed (H. Doc. 111–94). Page H693 111–413) that addresses several issues raised by the Senate Message: Message received from the Senate Attorney General of the State of Hawaii and others. today appears on page H653. In particular the amendment clarifies the definition of ‘‘Native Hawaiian’’ to ensure that the Native Ha- Quorum Calls—Votes: Eight yea-and-nay votes and waiian governing entity is a distinctly native com- one recorded vote developed during the proceedings munity. While recognizing and affirming the sov- of today and appear on pages H696, H696–97, ereign immunity of the Native Hawaiian governing H697, H698, H699–H700, H728–29, H729, entity, the amendment expressly states the Act does H730, H730–31. There were no quorum calls. not alter the sovereign immunity of the United Adjournment: The House met at 10:30 a.m. and States or the State of Hawaii allowing for negotia- adjourned at 11:48 p.m.

VerDate Nov 24 2008 05:32 Feb 24, 2010 Jkt 089060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D23FE0.REC D23FEPT1 smartinez on DSKB9S0YB1PROD with DIGEST D130 CONGRESSIONAL RECORD — DAILY DIGEST February 23, 2010 tional Stimulus Needed?’’ Testimony was heard from Committee Meetings public witnesses. COMMERCE, JUSTICE, SCIENCE AND SEXUAL ASSAULTS ON JUVENILES IN RELATED AGENCIES APPROPRIATIONS CUSTODY Committee on Appropriations: Subcommittee on Com- Committee on the Judiciary: Subcommittee on Crime, merce, Justice, Science and Related Agencies held a Terrorism and Homeland Security held a hearing on hearing on Fiscal Year 2011 Budget for the National Keeping Youth Safe While in Custody: Sexual As- Institute of Standards and Technology. Testimony sault in Adult and Juvenile Facilities. Testimony was was heard from Patrick Gallagher, Director, National heard from Bernard Warner, Chief Deputy Secretary, Institute of Standards and Technology, Department Juvenile Justice, Department of Corrections and Re- of Commerce. habilitation, Division of Juvenile Justice, State of TRANSPORTATION, HUD, AND RELATED California and public witnesses. AGENCIES APPROPRIATIONS FEDERAL EMPLOYEES HEALTH BENEFITS Committee on Appropriations: Subcommittee on Trans- Committee on Oversight and Government Reform: Sub- portation, Housing and Urban Development, and committee on Federal Workforce, Postal Service and Related Agencies held a hearing on The Need To the District of Columbia held a hearing on H.R. Invest in Housing and Economic Development: Fis- 4489, Federal Employees Health Benefits Program cal Year 2011 Budget Request for HUD. Testimony (FEHBP) Prescription Drug Integrity, Transparency, was heard from Shaun Donovan, Secretary of Hous- and Cost Savings Act. Testimony was heard from ing and Urban Development. Representative Weiner; the following officials of FY 2011 NATIONAL DEFENSE OPM: John O’Brien, Senior Advisor to the Director; AUTHORIZATION BUDGET REQUEST—AIR and Patrick McFarland, Inspector General; and pub- FORCE DEPARTMENT lic witnesses. Committee on Armed Services: Held a hearing on Fiscal HEALTH INSURANCE INDUSTRY FAIR Year 2011 National Defense Authorization Budget COMPETITION ACT Request from the Department of the Air Force. Tes- Committee on Rules: Granted, by a non-record vote, a timony was heard from the following officials of the closed rule providing for consideration of H.R. 4626, Department of the Air Force: Michael B. Donley, the ‘‘Health Insurance Industry Fair Competition Secretary; and GEN Norton A. Schwartz, USAF, Act.’’ The rule provides two hours of debate equally Chief of Staff. divided and controlled by the chair and ranking mi- CONTESTED MINE SAFETY CASES nority member of the Committee on the Judiciary. BACKLOG The rule waives all points of order against consideration of the bill except those arising under clause 9 Committee on Education and Labor: Held a hearing on or 10 of rule XXI. The rule provides that the bill Reducing the Growing Backlog of Contested Mine shall be considered as read. The rule waives all Safety Cases. Testimony was heard from Joseph points of order against the bill. Finally, the rule pro- Main, Assistant Secretary, Mine Safety and Health vides one motion to recommit with or without in- Administration, Department of Labor; Mary Lucille structions. Testimony was heard from Representa- Jordan, Chairman, Federal Mine Safety and Health tives Johnson of Georgia, Perriello, and Lungren. Review Commission; and public witnesses. UNIVERSITIES RESEARCH TOYOTA RECALL/NHTSA RESPONSE INFRASTRUCTURE Committee on Energy and Commerce: Subcommittee on Committee on Science and Technology: Subcommittee on Oversight and Investigations held a hearing on Re- Research and Science Education held a hearing on sponse by Toyota and NHTSA to Incidents of Sud- the State of Research Infrastructure at U.S. Univer- den Unintended Acceleration. Testimony was heard sities. Testimony was heard from public witnesses. from Raymond H. LaHood, Secretary of Transpor- tation; James E. Lentz, President and Chief Oper- RECOVERY ACT TRANSPORTATION ating Officer, Toyota Motor Sales, U.S.A., Inc; and INFRASTRUCTURE INVESTMENTS public witnesses. Committee on Transportation and Infrastructure: Held a hearing on Recovery Act: One-Year Progress Report EMPLOYMENT GROWTH STIMULUS for Transportation and Infrastructure Investments. Committee on Financial Services: Held a hearing enti- Testimony was heard from John D. Porcari, Deputy tled ‘‘Prospects for Employment Growth: Is Addi- Secretary, Department of Transportation; Craig E.

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President’s proposed budget request for fiscal year 2011 Rajk, Deputy Assistant Commander, Resources and for the Department of Transportation, 9 a.m., SD–608. Deputy Chief of Financial Officer, U.S. Coast Guard, Committee on Commerce, Science, and Transportation: Sub- Department of Homeland Security; and Thomas C. committee on Science and Space, to hold hearings to ex- Carper, Chairman of the Board, AMTRAK. amine the challenges and opportunities in the National VETERANS HEALTH ADMINISTRATION Aeronautics and Space Administration (NASA) fiscal year BUDGET 2011 budget proposal, 2:30 p.m., SR–253. Committee on Energy and Natural Resources: to hold hear- Committee on Veterans’ Affairs: Subcommittee on ings to examine the President’s proposed budget request Health held a hearing on the Veterans Health Ad- for fiscal year 2011 for the Forest Service, 10 a.m., ministration’s Fiscal Year 2011 Budget. Testimony SD–366. was heard from Robert A. Petzel, Under Secretary Committee on Environment and Public Works: Sub- for Health, Veterans Administration, Department of committee on Water and Wildlife, to hold hearings to Veterans Affairs; and representatives of veterans orga- examine legislative approaches to protecting, preserving nizations. and restoring great water bodies, 9:30 a.m., SD–406. Committee on Foreign Relations: business meeting to con- VA INSPECTOR GENERAL/IT BUDGETS sider S. Res. 414, expressing the Sense of the Senate on Committee on Veterans’ Affairs: Subcommittee on Over- the recovery, rehabilitation, and rebuilding of Haiti fol- sight and Investigations held a hearing on the U.S. lowing the humanitarian crisis caused by the January 12, 2010, earthquake in Haiti, S. 2961, to provide debt relief Department of Veterans Affairs Office of Inspector to Haiti, S. Res. 400, urging the implementation of a General and Office of Information and Technology comprehensive strategy to address instability in Yemen, Budget Requests for Fiscal Year 2011. Testimony as amended, S. Res. 404, supporting full implementation was heard from the following officials of the Depart- of the Comprehensive Peace Agreement and other efforts ment of Veterans Affairs: Richard J. Griffin, Deputy to promote peace and stability in Sudan, and the nomina- Inspector General, Office of Inspector General; and tions of Leocadia Irine Zak, of the District of Columbia, Roger W. Baker, Assistant Secretary, Information to be Director of the Trade and Development Agency, and Technology. Walter Crawford Jones, of Maryland, to be United States Director of the African Development Bank, and Douglas A. Rediker, of Massachusetts, to be United States Alter- Joint Meetings nate Executive Director of the International Monetary ECONOMIC RECOVERY Fund, and Ian Hoddy Solomon, of Maryland, to be United States Executive Director of the International Joint Economic Committee: Committee concluded a Bank for Reconstruction and Development, Donald E. hearing to examine the road to economic recovery, Booth, of Virginia, to be Ambassador to the Federal focusing on policies to foster job creation and con- Democratic Republic of Ethiopia, Bisa Williams, of New tinued growth, after receiving testimony from Doug- Jersey, to be Ambassador to the Republic of Niger, Bea- las W. Elmendorf, Director, Congressional Budget trice Wilkinson Welters, of Virginia, to be Ambassador Office. to the Republic of Trinidad and Tobago, Scott H. DeLisi, of Minnesota, to be Ambassador to the Federal Demo- COMMITTEE MEETINGS FOR WEDNESDAY, cratic Republic of Nepal, Harry K. Thomas, Jr., of New FEBRUARY 24, 2010 York, to be Ambassador to the Republic of the Phil- (Committee meetings are open unless otherwise indicated) ippines, David Adelman, of Georgia, to be Ambassador to the Republic of Singapore, Rosemary Anne DiCarlo, of Senate the District of Columbia, to be Representative of the Committee on Appropriations: Subcommittee on State, United States of America to the Sessions of the General Foreign Operations, and Related Programs, to hold hear- Assembly of the United Nations, during her tenure of ings to examine the President’s proposed budget request service as Deputy Representative of the United States of for fiscal year 2011 for the Department of State and For- America to the United Nations, and to be the Deputy eign Operations, 10:30 a.m., SD–192. Representative of the United States of America to the Subcommittee on Homeland Security, to hold hearings United Nations, with the rank and status of Ambassador to examine the President’s proposed budget request for and the Deputy Representative of the United States of fiscal year 2011 for the Department of Homeland Secu- America in the Security Council of the United Nations, rity, 2 p.m., SD–192. Brooke D. Anderson, of California, to be an Alternate

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Representative of the United States of America to the vironment: EPA FY 2011 Budget Request, 2 p.m., Sessions of the General Assembly of the United Nations B–308 Rayburn. during her tenure of service as Alternate Representative Subcommittee on Legislative Branch, on Members of of the United States of America for Special Political Af- Congress and Public Witnesses, 10:15 a.m., H–144 Cap- fairs in the United Nations, and to be Alternate Rep- itol. resentative of the United States of America for Special Subcommittee on Military Construction, Veterans Af- Political Affairs in the United Nations, with the rank of fairs, and Related Agencies, on American Battle Monu- Ambassador, Allan J. Katz, of Florida, to be Ambassador ments Commission, 10 a.m., on U.S. Court of Appeals for to the Portuguese Republic, Ian C. Kelly, of Maryland, Veterans Claims, 10:30 a.m., on Arlington National to be U. S. Representative to the Organization for Secu- Cemetery, 11 a.m., and on Armed Forces Retirement rity and Cooperation in Europe, with the rank of Ambas- Home, 11:30 a.m., H–143 Capitol. sador, and Judith Ann Stewart Stock, of Virginia, to be Committee on Armed Services, hearing on Fiscal Year 2011 Assistant Secretary of State for Educational and Cultural National Defense Authorization Budget Request from the Affairs, all of the Department of State, and a promotion Department of the Navy, 10 a.m., 2118 Rayburn. list in the Foreign Service; to be immediately followed by Subcommittee on Readiness, hearing on energy man- a hearing to examine foreign policy priorities in the fiscal agement and initiatives on military installations, 2 p.m., year 2011 International Affairs budget, 2:30 p.m., 2118 Rayburn. SD–419. Committee on the Budget, hearing on the Treasury De- Committee on Health, Education, Labor, and Pensions: to partment Fiscal Year 2011 Budget, 10 a.m., 210 Cannon. hold hearings to examine a stronger workforce investment Committee on Education and Labor, hearing on H.R. system for a stronger economy, 10 a.m., SD–430. 4330, ALL-STAR Act of 2009, 10 A.M., 2175 Rayburn. Committee on Homeland Security and Governmental Affairs: Committee on Energy and Commerce, Subcommittee on to hold hearings to examine the proposed budget request Commerce, Trade, and Consumer Protection and the Sub- for fiscal year 2011 for the Department of Homeland Se- committee on Communications, Technology, and the curity, 10:30 a.m., SD–342. Internet, joint hearing on The Collection and Use of Lo- Committee on the Judiciary: Subcommittee on Human cation Information for Commercial Purposes, 10 a.m., Rights and the Law, to hold hearings to examine child 2141 Rayburn. prostitution and sex trafficking in the United States, 9 Subcommittee on Oversight and Investigations, hearing a.m., SD–226. entitled ‘‘Premium Increases by Anthem Blue Cross in Full Committee, to hold hearings to examine the the Individual Health Insurance Market,’’ 10 a.m., 2123 nominations of Brian Anthony Jackson, to be United Rayburn. States District Judge for the Middle District of Louisiana, Committee on Financial Services, hearing on the Chairman Elizabeth Erny Foote, to be United States District Judge of the Board of Governors of the Federal Reserve System for the Western District of Louisiana, Marc T. Treadwell, on monetary policy and the state of the economy, 10 to be United States District Judge for the Middle District a.m., 2128 Rayburn. of Georgia, and Josephine Staton Tucker, to be United Committee on Foreign Affairs, Subcommittee on Inter- States District Judge for the Central District of Cali- national Organizations, Human Rights and Oversight, fornia, 2 p.m., SD–226. Oversight hearing on Hard Lessons Learned in Iraq and Benchmarks for Future Reconstruction Efforts, 9:30 a.m., House 2172 Rayburn. Committee on the Judiciary, Subcommittee on Crime, Committee on Appropriations, Subcommittee on Agri- Terrorism, and Homeland Security, oversight hearing on culture, Rural Development, Food and Drug Administra- Recent Inspector General Reports Concerning the FBI, 3 tion, and Related Agencies, on Fiscal Year 2011 Budget p.m., 2141 Rayburn. for the Department of Agriculture, 10 a.m., 2359 Ray- Committee on Natural Resources, to mark up the fol- burn. lowing bills: H.R. 1078, Harriet Tubman National His- Subcommittee on Commerce, Justice, Science and Re- torical Park and Harriet Tubman Underground Railroad lated Agencies, on Fiscal Year 2011 Budget for the Legal National Historical Park Act; H.R. 4003 Hudson River Services Corporation, 10 a.m., and on Fiscal Year 2011 Valley Special Resource Study Act; H.R. 4192, Stornetta Budget for Science and Technology, 2:30 p.m., H–310 Public Lands Outstanding Natural Area Act of 2009; Capitol. H.R. 1738, Downey Regional Water Reclamation and Subcommittee on Defense, on Combat Aircraft Re- Groundwater Augmentation Project of 2009; H.R. 4252, quirements, 10:30 a.m., H–140 Capitol. Inland Empire Perchlorate Ground Water Plume Assess- Subcommittee on Energy and Water Development, and ment Act of 2009; H.R. 765, Nellis Dunes National Off- Related Agencies, on U.S. Corps of Engineers, Fiscal Year Highway Vehicle Recreation Area Act of 2009; H.R. 2011 Budget, 2 p.m., 2362–B Rayburn. 1769, Alpine Lakes Wilderness Additions and Pratt and Subcommittee on Financial Services, and General Gov- Middle Fork Snoqualmie Rivers Protection Act; H.R. ernment, on Fiscal Year 2011 Budget for the IRS, 10 2788, Distinguished Flying Cross National Memorial a.m., 2358–A Rayburn. Act; and H.R. 4395, To revise the boundaries of the Get- Subcommittee on Interior and Environment, and Re- tysburg National Military Park to include the Gettysburg lated Agencies, on Protecting Public Health and the En- Train Station, 10 a.m., 1324 Longworth.

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Subcommittee on Energy and Mineral Resources, hear- Committee on Science and Technology, hearing on the Ad- ing on H.R. 3709, Geothermal Production Expansion ministration’s Fiscal Year 2011 Research and Develop- Act, 2 p.m., 1334 Longworth. ment Budget Proposal, 9:30 a.m., 2318 Rayburn. Subcommittee on Insular Affairs, Oceans and Wildlife, Subcommittee on Technology and Innovation, hearing oversight hearing on the President’s Fiscal Year 2011 on How Can NIST Better Serve the Needs of the Bio- budget requests for the NOAA, the U.S. Office of Insular medical Research Community in the 21st Century? 2 Affairs, and the U.S. Fish and Wildlife Service, 2 p.m., p.m., 2318 Rayburn. 1324 Longworth. Committee on Transportation and Infrastructure, Sub- Committee on Oversight and Government Reform, hearing committee on aviation, hearing on Aircraft Icing, 2 p.m., entitled ‘‘Toyota Gas Pedals: Is the Public At Risk?’’ 10 2167 Rayburn. a.m., 2154 Rayburn. Committee on Veterans’ Affairs, hearing Exploring the Subcommittee on Information Policy, Census, and Na- tional Archives, hearing entitled ‘‘The 2010 Census Com- Relationship between Medication and Veteran Suicide, 10 munications Contract: The Media Plan in Hard to Count a.m., 334 Cannon. Areas,’’ 2 p.m., 2154 Rayburn. Subcommittee on Disability Assistance and Memorial Subcommittee on National Security and Foreign Af- Affairs, hearing Examination of the VA Benefits Delivery fairs, to continue hearings entitled ‘‘ Sexual Assault in the at Discharge and Quick Start Programs, 2 p.m., 334 Can- Military: Are We Making Progress?’’ 3 p.m., 2247 Ray- non. burn. Permanent Select Committee on Intelligence, executive, brief- Committee on Rules, to consider H.R. 2701, Intelligence ing on the Google Hacking Incident, 9 a.m., 304–HVC. Authorization Act for Fiscal Year 2010, 3 p.m., H–313 Capitol.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Wednesday, February 24 10 a.m., Wednesday, February 24

Senate Chamber House Chamber Program for Wednesday: Senate will continue consider- Program for Wednesday: Consideration of H.R. ation of the amendment of the House of Representatives 4626—Health Insurance Industry Fair Competition Act to the amendment of the Senate to H.R. 2847, Com- (Subject to a Rule). merce, Justice, Science, and Related Agencies Appropria- tions Act, and after a period of debate, vote on the motion to waive the applicable budget points of order, and if the points of order are waived, vote on Reid Motion to concur in the amendment of the House to the amendment of the Senate to the bill, with Reid Amendment No. 3310 (to the House Amendment to the Senate Amendment).

Extensions of Remarks, as inserted in this issue

HOUSE Garrett, Scott, N.J., E206 Pence, Mike, Ind., E211 Giffords, Gabrielle, Ariz., E207 Poe, Ted, Tex., E206, E213 Abercrombie, Neil, Hawaii, E201 Grayson, Alan, Fla., E216 Quigley, Mike, Ill., E205, E213 Bishop, Sanford D., Jr., Ga., E201 Green, Gene, Tex., E207 Radanovich, George, Calif., E204, E206, E208, E213 Blumenauer, Earl, Ore., E212 Hastings, Alcee L., Fla., E209 Rahall, Nick J., II, W.Va., E214 Blunt, Roy, Mo., E213 Higgins, Brian, N.Y., E201 Rangel, Charles B., N.Y., E210 Broun, Paul C., Ga., E215 Jackson Lee, Sheila, Tex., E216 Ros-Lehtinen, Ileana, Fla., E205 Brown-Waite, Ginny, Fla., E210 Johnson, Henry C. ‘‘Hank’’, Jr., Ga., E205 Sarbanes, John P., Md., E214 Cao, Anh ‘‘Joseph’’, La., E212 Johnson, Timothy V., Ill., E207 Schwartz, Allyson Y., Pa., E202 Cardoza, Dennis A., Calif., E214 Jordan, Jim, Ohio, E209 Sestak, Joe, Pa., E202 Carnahan, Russ, Mo., E215 King, Steve, Iowa, E201, E208, E213 Shuler, Heath, N.C., E205 Clyburn, James E., S.C., E216 Kucinich, Dennis J., Ohio, E214, E215 Shuster, Bill, Pa., E211 Coffman, Mike, Colo., E211 Lamborn, Doug, Colo., E205 Terry, Lee, Nebr., E207 Courtney, Joe, Conn., E209 Lee, Barbara, Calif., E203 Thompson, Bennie G., Miss., E204 Cuellar, Henry, Tex., E211 McCollum, Betty, Minn., E207 Upton, Fred, Mich., E211 Dent, Charles W., Pa., E213 Neugebauer, Randy, Tex., E209, E211, E212 Visclosky, Peter J., Ind., E202, E204, E206 Diaz-Balart, Lincoln, Fla., E208 Nunes, Devin, Calif., E215 Wilson, Joe, S.C., E210 Ehlers, Vernon J., Mich., E211 Pascrell, Bill, Jr., N.J., E208 Wolf, Frank R., Va., E205 Etheridge, Bob, N.C., E216 Pelosi, Nancy, Calif., E201 Woolsey, Lynn C., Calif., E208

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