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

Vol. 156 WASHINGTON, THURSDAY, JUNE 17, 2010 No. 91 House of Representatives The House met at 10 a.m. and was CHARTING A NEW COURSE FOR eral Henry McMaster. We must defend called to order by the Speaker. OUR NATION the Constitution. Washington bureau- f (Mr. KUCINICH asked and was given crats do not know what is best for South Carolinians or their families. PRAYER permission to address the House for 1 minute.) The government mandate is unconsti- The Chaplain, the Reverend Daniel P. Mr. KUCINICH. What if the BP gush- tutional. Coughlin, offered the following prayer: er in the gulf is unstoppable? This is a We need a constitutional alternative, Lord our God, in You there is no be- challenging question which is making and I have a solution: Siding With ginning, no end. You truly are dynamic its way through various blogs. What if American Patients Act, SWAP Act, to presence, ever self-revealing, guiding millions of barrels of oil continue to repeal the government takeover and re- all things and human events. flow uncontrolled from the hole in the place it with a patient-centered and af- Show Your presence in the midst of seabed? We should be preparing now for fordable solution that expands access our empowering activities and empty a worst-case scenario. We should be and continues to cover preexisting con- frustrations. mobilizing our Nation now, developing ditions. In conclusion, God bless our troops, May the priorities and the work of new, comprehensive plans for sustain- and we will never forget September this Congress reveal Your goodness to able, alternative energy, for environ- 11th in the Global War on Terrorism. the Nation and make all aware of Di- mental protection, for public health, vine Providence behind every problem for preservation of species, for secu- f and obstacle as well as every delightful rity, for rebuilding our economy and IRAN SANCTIONS LEGISLATION gift. repairing commerce. We should be (Mr. MITCHELL asked and was given For You are our life and our salva- challenging our fellow citizens and our- permission to address the House for 1 tion, now and forever. selves to take part in charting a new minute.) Amen. course for our Nation, towards creating Mr. MITCHELL. Mr. Speaker, I rise f an America which has unlimited en- today once again to urge passage of a ergy because it has unlimited vision, THE JOURNAL final bill to impose tough sanctions on unclouded by greed or partisan advan- Iran. A final bill is long overdue. The The SPEAKER. The Chair has exam- tage. House passed the Iran Sanctions Ena- ined the Journal of the last day’s pro- f bling Act last year, and the Senate ceedings and announces to the House DEFENDING THE CONSTITUTION passed the Comprehensive Iran Sanc- her approval thereof. tions Accountability and Divestment Pursuant to clause 1, rule I, the Jour- (Mr. WILSON of South Carolina Act in January. nal stands approved. asked and was given permission to ad- Iran is not stopping its ruthless quest f dress the House for 1 minute and to re- for nuclear weapons while Congress vise and extend his remarks.) continues to deliberate. We simply can- PLEDGE OF ALLEGIANCE Mr. WILSON of South Carolina. Mr. not allow Iran to obtain nuclear weap- The SPEAKER. Will the gentle- Speaker, the American people are tired ons. We must act quickly and boldly to woman from North Carolina (Ms. FOXX) of Washington politicians turning a prevent that from happening. A nu- come forward and lead the House in the deaf ear to their wishes and concerns. clear Iran would not only pose a dire Pledge of Allegiance. Two days ago, Congressman DAVE threat to Israel, a vitally important Ms. FOXX led the Pledge of Alle- CAMP put forward a proposal to repeal ally in the region, but to the United giance as follows: the provisions in the government States as well. I pledge allegiance to the Flag of the health care takeover that mandates We need to act, and we need to act United States of America, and to the Repub- Americans buy government-run insur- now. I hope the conferees will complete lic for which it stands, one nation under God, ance. But this popular proposal was de- their work quickly so that a final Iran indivisible, with liberty and justice for all. feated by Washington liberals by a vote sanctions bill can be enacted soon. f of 187–230. f People in my home State of South ANNOUNCEMENT BY THE SPEAKER Carolina do not want an out-of-touch WE NEED A BUDGET The SPEAKER. The Chair will enter- Washington bureaucrat forcing them to (Ms. FOXX asked and was given per- tain up to 10 requests for 1-minute buy government-run insurance. We mission to address the House for 1 speeches on each side of the aisle. support the lawsuit of Attorney Gen- minute.)

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.

H4599

.

VerDate Mar 15 2010 00:43 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A17JN7.000 H17JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE H4600 CONGRESSIONAL RECORD — HOUSE June 17, 2010 Ms. FOXX. Mr. Speaker, over the minute and to revise and extend his re- b 1015 past weekend, President Obama sent a marks.) HONORING THE SERVICE OF letter to Congress. He said we need to Mr. PITTS. Mr. Speaker, the horrific HARRISON FIRE CHIEF JOHN NEAL spend $50 billion ‘‘as quickly as pos- environmental and economic damage sible’’ in order to ‘‘jump-start private in the gulf continues, but it seems like (Mr. BOOZMAN asked and was given sector job creation.’’ the administration wants to move on permission to address the House for 1 I’m not sure if the President has read to other things before the leak is minute and to revise and extend his re- the unemployment reports lately, but stopped and the oil cleaned up. The marks.) 16 months since his trillion dollar stim- President spent a significant part of Mr. BOOZMAN. Mr. Speaker, I rise ulus bill became law, the private sector his speech Tuesday night talking about today to honor Harrison Fire Chief, is still struggling under the tax and imposing new costs on energy and cap- John Neal, who has devoted his life to regulatory burden of an ever expanding and-trade climate legislation. the citizens of Harrison, Arkansas, and Federal Government. Unemployment is We all know how important it is to is now retiring from duty after 21 years at 9.7 percent, and frankly, the last have less dependence on fossil fuels, es- of service. thing the private sector needs is the pecially from foreign sources, and en- During his time as chief, John has fear of higher taxes to pay for more courage clean energy production. The exhibited his ability to lay the ground- wasteful government spending. question is whether we do that by im- work to ensure the people of Harrison’s What this country needs as ‘‘quickly posing new costs on the American peo- safety by instituting more pre-fire as possible’’ is for House Democrats to ple because of global warming. We planning, better building inspections put forth an annual budget and for should not impose new taxes on energy and construction plan reviews, along Congress and the President to have the just based on the hope that clean en- with assisting in better public edu- courage to make real spending cuts. We ergy will become more cost feasible. cation of fire safety. He went above and can’t keep spending billions of dollars I don’t have to remind anyone that beyond and worked with all of the fire and calling it ‘‘emergency’’ spending so we have unemployment near 10 per- departments in Boone County, making that it doesn’t have to be paid for, be- cent. Making it more expensive to run the county a much safer place to live. cause eventually it will have to be paid factories and small businesses will not Chief Neal is an outstanding leader. for, and the American taxpayers know bring back jobs. John has been married to Mary Lu for that day of reckoning is coming. We certainly need clean energy, and 30 years, has five children, and he looks It is time for Democrats in this I’ve been proud to see sensible solar, forward to spending more time with his Chamber to stop talking about fiscal geothermal, and hydroelectric projects grandchildren. discipline and actually do something move forward in my district. What we I wish him continued success in his about it. As your majority whip said don’t need are job-killing taxes on future activities. And today I ask my over the weekend, this economy is your what BP chairman calls the ‘‘small colleagues to join me in honoring Chief baby. So take responsibility, put a people’’ that will make it even more John Neal, who will be missed, but I’m budget on the table, and let’s debate it difficult to recover jobs not only along confident will continue his dedication and give the American people a chance the gulf coast but across our Nation. to his community and his State. to hear which party is listening to f f them. LEGISLATION TO BENEFIT f FIDEL CASTRO’S ANTI-SEMITIC SENIORS GIVING SMALL BUSINESS THE STATEMENT REGARDING ISRAEL (Ms. GIFFORDS asked and was given RESOURCES THEY NEED (Mr. SIRES asked and was given per- permission to address the House for 1 (Mr. CARNAHAN asked and was mission to address the House for 1 minute and to revise and extend her re- given permission to address the House minute.) marks.) for 1 minute.) Mr. SIRES. Mr. Speaker, I rise today Ms. GIFFORDS. Mr. Speaker, in Mr. CARNAHAN. Mr. Speaker, small to express my outrage at Fidel Castro’s these difficult economic times, the face businesses are the engines of our econ- recent anti-Israel comments. In re- of retirement is changing. Today, sen- omy, and their success is critical to sponse to Israel’s interception of the iors are staying on the job longer—not our economic recovery and long-term flotilla in May, Fidel Castro published just because they want to, but, frank- economic growth. Sixty percent of new a statement in which he absurdly as- ly, because they have to. That’s why jobs are created by small businesses, serts that Israelis would like to send I’m introducing two bills that will and over half of this country’s eco- Palestinians to be cremated, as the begin to address some of the challenges nomic growth since World War II has Nazis did to the Jews. that we see facing our older workforce. been from innovation and new tech- Castro’s comments are outrageous The Older Americans’ Job Opportuni- nologies. We can and should empower and cruel. He ignorantly disregards the ties Blueprint Act expands the work the businesses and entrepreneurs who horror of the Holocaust and the suf- opportunity tax credit already avail- make our economy go by creating fa- fering of the Jewish community. To able to over a dozen specific parts of vorable conditions for businesses to suggest that Israel will consider a our employment pool that will now start, to expand, and to put people Nazi-inspired genocide of the Palestin- benefit employers in hiring older back to work. That’s why I urge my ians is inexcusably malicious. Americans. For the first time in our colleagues to support the Small Busi- This propaganda was not only pub- history almost 20 percent of our work- ness Jobs and Credit Act designed to lished by the Cuban regime but then force is 55 years and older; this is very increase small business lending, help widely distributed. His offensive com- different than we’ve had in the past. small businesses hire new workers and ments clearly portray the prejudice I have also introduced the Back to expand their operations. When I talk to and anti-Semitic position of the Cuban School Act, which will give seniors fi- small business owners back home in regime. Castro’s words cannot shame nancial assistance to take courses if , the number one issue they or erase the democratic tradition in they want to change their careers or to identify as an obstacle to hiring people Israel and the strong relationship make them more competitive in the is access to credit. We must continue Israel shares with the United States. workforce. to focus on promoting our small busi- I ask my colleagues to continue to Congress, of course, focuses a lot of nesses to grow this economy and to get work with Israel towards a peaceful so- our attention on new entrants or fu- people back to work. lution for the Israeli and Palestinian ture entrants into the U.S. workforce, f people. And I encourage my colleagues but the reality is that seniors are put- to view Castro’s comments for what ting off retirement until much longer, OIL SPILL NOT AN EXCUSE TO they are, the dangerous scheme of a and it’s time that we change the way KILL JOBS brutal dictator, designed to hurt the our Nation thinks about retirement. I (Mr. PITTS asked and was given per- people of Israel and obstruct the peace am excited to introduce these two mission to address the House for 1 process. pieces of legislation that will give

VerDate Mar 15 2010 00:43 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JN7.002 H17JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE June 17, 2010 CONGRESSIONAL RECORD — HOUSE H4601 older Americans a chance to continue Mr. ROGERS of . Mr. Speak- Mr. SMITH of Texas. Mr. Speaker, working. er, I want to talk about debt and Americans say the growing national f spending. debt is the greatest threat to our coun- This Nation today is $13 trillion in try, according to a recent Gallup poll. BUDGET WOES debt, and the Democrat majority in- Since Democrats took control of Con- (Mr. COFFMAN of Colorado asked tends to spend another $1 trillion to gress in 2007, the national debt has and was given permission to address add to that debt limit by the end of grown by $3.5 billion a day. Since the House for 1 minute.) this year; $14 trillion of debt, that’s un- President Obama took office, the debt Mr. COFFMAN of Colorado. Mr. conscionable. has increased by $4.8 billion a day. Speaker, Congress is now 2 months late You look at the budget that’s coming To control spending and reduce the in passing a Federal budget, and the from this administration that was pro- national debt, we need a responsible majority has shown no indication of posed this year, $3.8 trillion, and we budget that addresses our fiscal crisis. considering one any time soon. This only have $2.2 trillion in revenue. But as American families make tough fiscal irresponsibility on display in That’s $1.6 trillion in deficit spending, choices with their household budgets, Washington is affecting American citi- all of it on the credit card, and the the Democratic majority in the House zens and further damaging our econ- credit card is maxed out. has yet to even propose a national omy and job growth. In fact, we hear People back home ask me, why do budget. If a budget is not approved this hints that the budget isn’t late, it’s ac- you keep spending? Why does the Con- year, it will be the first time since the tually not coming at all, and the ma- gress keep spending like this when you Budget Act became law in 1974. jority may avoid considering one alto- don’t have the money? I think there’s Congress should listen to the Amer- gether to evade calling further atten- two reasons. I think one is this Demo- ican people, get government spending tion to an addiction to reckless spend- crat majority wants to grow govern- under control, and approve a national ing. Given that the Federal debt has ment as much as it can while it still budget. gone up by nearly $2.4 trillion since has the super-majorities to do so. I January, 2009, undoubtedly congres- f think the second reason is they really sional Democrat leaders fear that they WE NEED CLEAN ENERGY want to overhaul our tax system, and will soon be forced to account for their they want to do that by creating an (Mr. TONKO asked and was given reckless spending. economic crisis to justify imple- permission to address the House for 1 America needs a pro-growth eco- minute and to revise and extend his re- nomic policy to promote job growth menting a VAT tax and reaching back to the high rates of taxation that we marks.) and business development. Instead, we Mr. TONKO. Mr. Speaker, I rise face massive deficits and excessive gov- had back in the Carter administration. This is unconscionable behavior, and today after weeks of outcry for action ernment bailouts. As the clock ticks on to acknowledge that BP has caved to an increasingly late budget, I will con- if it doesn’t make you mad, it ought to. f pressure, and to discuss yesterday’s tinue to fight for government account- steps by BP to finally put working ability and reform. TIME TO END AMERICA’S OIL families and small businesses ahead of f ADDICTION shareholders and short-term corporate PROTECT AMERICAN JOBS (Mr. GARAMENDI asked and was profits. (Mr. SCHAUER asked and was given given permission to address the House Had BP acted with rigor and integ- permission to address the House for 1 for 1 minute and to revise and extend rity from the beginning, we would not minute.) his remarks.) be forced into having this conversation Mr. SCHAUER. Mr. Speaker, yester- Mr. GARAMENDI. It’s time for right now. However, their shortsighted- day I testified before the Ways and America to end its addiction to oil. Our ness has demanded a swift and aggres- Means Committee about U.S. trade national security is at stake. We spend sive response, which the President has with China because I’m tired of seeing $1 billion a day sending our money provided. millions of American jobs lost to China overseas to the oil companies, many of In the short term, we must stop the because of blatantly unfair trade prac- them owned by foreign nations, some oil from continuing to spill and subse- tices. of whom are not at all friendly to quently clean up our shores, making China is playing us for fools regard- America. BP pay the tab. Our energy future is ing the Government Procurement I hear a lot of whining from the Re- bright; it is filled with diversity, with Agreement, the GPA. Upon joining publican side of the aisle about, well, clean energy and American jobs for WTO in 2001, China said it would sign we can’t do that. Well, we cannot con- America’s workers. Let us heed the the GPA as soon as possible; 9 years tinue doing what we’re doing today. We devastating message that this disaster later it still hasn’t happened. Since see the risks—$20 billion worth of econ- sends to us. Let us build the strongest, that time, we’ve lost 2.4 million Amer- omy destroyed along the gulf coast. most powerful and most competitive ican jobs—68,000 in , 4,700 jobs Big Oil has had its day, $12 billion. You clean energy economy in the world. in my district alone—due to China’s want to save some money on that side, We can and we must rise to this chal- unfair trade. let’s retrieve the $12 billion subsidy lenge. Our children’s future depends on It’s time that we get tough. We need that we send to the oil industry every it. to show China that we’re willing to be day. f It’s time for us to move to renew- strong until they open their procure- ISRAEL ment markets to us. I’ve introduced ables. It’s time for us to protect our H.R. 5312 as a way of addressing the coasts. On the west coast, we do not (Mr. REICHERT asked and was given issue, to limit the amount of U.S. Gov- want new Federal oil leases, and there- permission to address the House for 1 ernment procurement of Chinese goods fore the West Coast Oil Protection Act minute.) to the amount of American goods pur- must be passed. No more Federal leases Mr. REICHERT. Mr. Speaker, I rise chased by the Chinese Government. off the west coast. Move to renewables. today to voice my strong support for How about fairness for a change? How Let’s retrieve our $12 billion annual Israel and its right to defend herself about no more U.S. census materials subsidy that we give to Big Oil. Let’s and her people against potential ter- paid for by our tax dollars made by not send $1 billion a day of our money rorist threats. Chinese workers? Please join me in to the foreign countries. As the world watched, Israel took ac- protecting American jobs. f tion to prevent a flotilla from reaching f the Gaza strip because Hamas terror- WE NEED A BUDGET ists could have smuggled in weapons DEBT AND SPENDING (Mr. SMITH of Texas asked and was that would be used to take the lives of (Mr. ROGERS of Alabama asked and given permission to address the House innocent people. was given permission to address the for 1 minute and to revise and extend Israel is a good friend and a true ally House for 1 minute.) his remarks.) to America. We must not turn our back

VerDate Mar 15 2010 00:43 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JN7.003 H17JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE H4602 CONGRESSIONAL RECORD — HOUSE June 17, 2010 on Israel at this critical time. We must and of other debt-burdened European H. RES. 1448 stand with them. We must support countries which are collapsing under Resolved, That during further consideration them and their right to protect and de- their cradle-to-grave welfare systems of the bill (H.R. 5297) to create the Small fend the safety of their people and the have done nothing to restrain the Business Lending Fund Program to direct sovereignty of their nation. Democrats in Washington. They have the Secretary of the Treasury to make cap- ital investments in eligible institutions in The Israeli Government just an- failed to heed the warnings from order to increase the availability of credit nounced the decision to appoint an abroad, and they continue to simply for small businesses, and for other purposes, independent public commission to re- declare their out-of-control spending as pursuant to House Resolution 1436, it shall view the circumstances surrounding emergency spending to try to cover up be in order to consider the amendments the flotilla raid. This commission will their fiscal irresponsibility. printed in the report of the Committee on be headed by a retired Israeli judge and As a constitutional conservative with Rules accompanying this resolution as will include two Israeli experts in grave concerns about the Democrats’ though they were the last two amendments international law and two high-rank- out-of-control spending, I support a dif- printed in part C of House Report 111–506. ing foreign observers. This action dem- ferent plan. I say balance the budget; The SPEAKER pro tempore (Mr. PAS- onstrates Israel’s commitment to act cut the deficit; pay down the debt; fire TOR). The gentleman from Colorado is within the law and to hold itself ac- the czars; and grow the economy. recognized for 1 hour. countable in good faith to the inter- With President Obama in control, the Mr. PERLMUTTER. Mr. Speaker, for national community. term ‘‘GDP’’ has taken on a whole new the purpose of debate only, I yield the customary 30 minutes to my colleague, f meaning—growing Democrats’ pro- grams. the gentlewoman from North Carolina HONORING THE LIFE OF STEWART OXX f (Ms. F ). All time yielded during WINSTEIN consideration of the rule is for debate JOSH CONFERENCE (Mr. HARE asked and was given per- only. mission to address the House for 1 (Mr. BOYD asked and was given per- GENERAL LEAVE minute.) mission to address the House for 1 Mr. PERLMUTTER. I ask unanimous Mr. HARE. Mr. Speaker, I rise today minute and to revise and extend his re- consent that all Members be given 5 in sorrow at the news of the death of marks.) legislative days in which to revise and my friend, Stewart Winstein, from Mr. BOYD. Mr. Speaker, we are 2 extend their remarks on House Resolu- Rock Island, Illinois. weeks into the hurricane season, and tion 1448. Stewart was one of the most re- already the first tropical depression The SPEAKER pro tempore. Is there spected and admired leaders in my has formed in the Atlantic. If one of objection to the request of the gen- community and built a strong reputa- these storms were to strike the Gulf of tleman from Colorado? tion for local activism, public service, Mexico, with millions of barrels of oil There was no objection. and the belief that politics could be a on top, the results would be disastrous Mr. PERLMUTTER. I yield myself driving force for positive change in the to the communities along the gulf. such time as I may consume. lives of everyday Americans. It’s a leg- To make sure our region is prepared Mr. Speaker, House Resolution 1448 is acy that will be sorely missed in Rock to deal with the effects that a hurri- a structured rule, providing for further Island, the city that Stewart loved and cane or a tropical storm could have, consideration of H.R. 5297, the Small called home. this past Monday I held a joint oil Business Lending Fund Act. It provides As a child of the Great Depression, spill-hurricane planning conference in for the consideration of two amend- Stewart and his family faced great pov- Bay County, Florida. The conference ments which were initially cleared as erty. It was a powerful influence on brought together representatives from PAYGO-compliant but which were sub- him and I’m sure formed much of his Federal and State emergency response sequently deemed to violate PAYGO success as an attorney and a founding agencies, and it brought together mili- after the first rule was adopted. These force of the Rock Island Democratic tary leaders and key local stakeholders amendments have been revised to com- Party. to discuss the hazards associated with ply with PAYGO rules, and this rule As one of the greatest advocates for a hurricane’s impact on the oil spill treats them as part of yesterday’s rule. working men and women that I knew, and to discuss the threats posed to our Mr. Speaker, in 2008, after years of I think his legacy will be that he want- area by having oil propelled inland. lax regulation and Wall Street rou- ed to make sure that other families Working together, we identified sev- lette, our Nation’s economy fell off a didn’t have to face economic hardships eral planning and action items that cliff. Within a matter of months, many that he knew too well. And as many in need to be taken to better brace for the Wall Street giants fell, and they took the Quad Cities can attest, whether it effects that a storm would have on our the livelihoods of thousands of small was working people or the vast number communities now that there is oil in businesses with them. Since that time, of clients he represented, it is a legacy the . I plan to deliver we have taken bold action to stabilize of great success. these action items to the President and the economy, to invest in economic Stewart had a huge impact on my to urge him to incorporate these rec- growth, and we are in the process of life. He was a valuable teacher who led ommendations into a Federal hurri- putting in place new rules to protect by example, and I learned by wit- cane preparedness and response plan so against the casino-like atmosphere nessing firsthand the contributions he that our communities and people can that existed on Wall Street. Yet for small businesses, they are made to the Democratic Party, numer- be better protected. still feeling the pinch. Accessing cap- ous charities and local government. North Florida is already feeling the ital to build, to grow, to diversify, and Above all, I was proud to call Stewart significant economic and environ- to hire new employees remains a press- my friend. My thoughts go out to mental distress from the BP oil spill. It ing challenge. In September of 2008, Stewart’s family, especially his be- is our responsibility to take steps to there was an earthquake on Wall loved son, Arthur. safeguard our region. f Street, and the aftershocks are still f being felt on Main Street. The purpose PROVIDING FOR FURTHER CONSID- b 1030 of this bill is to help those small busi- ERATION OF H.R. 5297, SMALL nesses deal with the aftershocks of GROWING DEMOCRATS’ PROGRAMS BUSINESS JOBS AND CREDIT that credit crunch from a year and a (Mr. SAM JOHNSON of Texas asked ACT OF 2010 half ago. and was given permission to address Mr. PERLMUTTER. Mr. Speaker, by The underlying bill, the Small Busi- the House for 1 minute and to revise direction of the Committee on Rules, I ness Lending Fund Act, establishes a and extend his remarks.) call up House Resolution 1448 and ask process for community banks to lend Mr. SAM JOHNSON of Texas. Mr. for its immediate consideration. responsibly to small businesses. Be- Speaker, the dire warnings of econo- The Clerk read the resolution, as fol- cause of a mistake, two of my col- mists and the vivid lessons of Greece lows: leagues, Representative SCHRADER and

VerDate Mar 15 2010 00:43 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JN7.004 H17JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE June 17, 2010 CONGRESSIONAL RECORD — HOUSE H4603 Representative MILLER, were precluded So what is the next step for the were. In 2007, we spent $141 billion in from offering their amendments as re- Democrats? Iraq. Today, they’re telling us, Hey, ported in yesterday’s rule. This rule In an apparent effort to help shield let’s sell off part of the country to pay merely allows for the consideration of their vulnerable Members from having our debts. We were spending $141 bil- their modified amendments so we can to endure their unconscionable ap- lion in Iraq and not paying for it. This perfect this legislation and get our Na- proach to budgeting during an election year, we’re going to draw that down to tion’s small businesses back to work. year, the ruling Democrats are now $65 billion. Republicans would have us I reserve the balance of my time. planning to forgo the annual congres- forget. Ms. FOXX. I yield myself such time sional budget process altogether, this Let’s talk real money. I agree: we as I may consume, and I thank my col- during a time when voters are looking should never be wasting money in this league for yielding time. for real solutions and accountability. country. Every dollar should be worth- Mr. Speaker, just 2 days ago, I came How is that for leadership? while and real, but we’re going to before this body in opposition to a rule Mr. Speaker, I reserve the balance of spend $77 billion less in Iraq than under providing for the consideration of H.R. my time. George Bush and at the end of the Re- 5297, a bill affectionately known as Mr. PERLMUTTER. Mr. Speaker, I publican rule of Congress. ‘‘TARP III.’’ At that time, I expressed continue to reserve the balance of my So here we’ve improved employment concern over the cost of this bill and time. by some 1.1 million jobs per month. We Ms. FOXX. Mr. Speaker, I yield such over the ruling Democrats’ lack of were left with a terrible deficit by time as he may consume to the Repub- ability to run this House in an orderly President Bush of $1.3 trillion. We are lican whip, the distinguished gen- fashion. My presence here today is tes- drawing down Iraq and are saving real tament to these concerns. tleman from Virginia (Mr. CANTOR). Mr. CANTOR. I thank the gentle- money. Then they come up with an ad- If the process for considering this vertising program of YouCut to sell as- legislation and accompanying amend- woman for yielding. Mr. Speaker, the YouCut program sets of this country. ments had been more thoroughly vet- continues to pick up steam across the I reserve the balance of my time. ted, we could have avoided meeting country as the American people reject Ms. FOXX. Mr. Speaker, all of my today altogether, but apparently, in the spend now-pay later philosophy colleagues from across the aisle always their zeal to add to the budget-busting that has long dominated Washington. fail to mention that, in the last 2 years TARP III legislation, some flawed This week’s YouCut winner was de- of the Bush administration, Democrats amendments were found to violate the veloped by my colleague, the gen- were in charge of Congress. The Presi- Democrats’ cherished PAYGO rules. tleman from Utah (Mr. CHAFFETZ). It dent can’t spend any money. Only the Yesterday, it was discovered that two would amend Federal law to allow for Congress can spend money. So they amendments—Miller No. 46 and the expedited sale of wasteful and conveniently leave out the fact that, Schrader No. 14—were not PAYGO- unaffordable Federal properties, saving when they took over Congress, our compliant. H.R. 5297 is being paid for taxpayers up to $15 billion. President economy was doing great, absolutely with the savings in H.R. 5486, but due Obama, himself, in a directive released great. From the moment they took to the timetables used for those sav- the day after Mr. CHAFFETZ’s YouCut over Congress in January of 2007, ings, the amendments failed to meet proposal was unveiled, indicated his things started going downhill. The $1.3 the first 5-year window of PAYGO. The support for selling unneeded properties. trillion deficit came about as a result rule did not contain any PAYGO waiv- Today, my colleagues on our side of of the spending, spending, spending by ers. Therefore, the amendments now the aisle join together and call upon our colleagues from across the aisle. need to either be redrafted or they need the House to support this easy, They’ve lost touch with the real world. to have the PAYGO rules waived. straightforward way to reduce spend- b 1045 Despite the pledge made in a docu- ing. ment entitled, ‘‘A New Direction for Let us remember then-Senator The other thing my colleague points America,’’ when then-Minority Leader Obama’s 2006 words of support for re- out is 400,000 jobs were created last PELOSI promised ‘‘bills should gen- moving barriers to the disposal of ex- month. He fails to mention that almost erally come to the floor under a proce- cess Federal property. He said, Regard- all of those jobs were created by the dure that allows open, full and fair de- less of what side of the aisle we sit on, census hiring temporary people who bate, consisting of a full amendment we all agree we are in dire financial will no longer be employed after the process that grants the minority the straits, and we need to manage our as- end of this year. So they’re govern- right to offer its alternatives,’’ it’s sets in the most cost-effective way pos- ment jobs. worth mentioning that there were 57 sible to close the gap. The American people are seeing amendments submitted to the Rules Mr. Speaker, America is at a cross- through these tales they’re being told Committee for H.R. 5297. Of those, 37 roads. It is time for us all to act to- by our colleagues across the aisle of were Democrat; 17 were Republican, gether in a bipartisan fashion to stop how wonderful they have made the and three were bipartisan. Of those 57 the runaway spending and to get our economy. They know that we have a 9.7 submitted, there were 17 amendments fiscal house in order. I urge the body to percent unemployment rate. They made in order, only one of which was defeat the motion of the previous ques- know that the deficit for the Repub- Republican. tion so that we can actually begin to lican-led Congress from 1996 to 2007 was Therefore, I recommend voting change the culture here in Washington only $1.2 trillion in 12 years. This Dem- against this rule, not only in opposi- against the runaway spending. ocrat Congress racked up in 2 years a tion to the underlying legislation, but Mr. PERLMUTTER. Mr. Speaker, I $3.2 trillion deficit. My goodness. The also in protest of the partisan process appreciate the comments of the whip, American people, again, can see for which it is being considered. but I think what we’ve got to do is to through this, Mr. Speaker. They’re not Mr. Speaker, while the ruling Demo- just talk about reality here. going to be fooled by this rhetoric. crats claim the underlying TARP III The reality is, when George Bush left With that, I yield 3 minutes to my bill is about helping small businesses, office in January of 2009, this country colleague from Utah (Mr. CHAFFETZ). it is really just another bank bailout. was losing 780,000 jobs per month. Last Mr. CHAFFETZ. As Members of Con- The bill is intended to give the appear- month, we gained 400,000 jobs. That’s a gress, our constitutional mandate is to ance that they’re doing something. It swing of over 1.1 million jobs per be responsible stewards of the taxpayer appears the ruling liberal Democrat re- month. Yet, on top of that, not only dollars and assets. With the debt at $13 gime has completely given up on even did the Bush administration leave this trillion and counting, this House and trying to pretend they are capable of country in a terrible lurch with jobs; it government have failed miserably in budgeting or of even governing this left this country with a terrible lurch the task. During times of fiscal uncer- country. Certainly, the ruling Demo- and with a terrible deficit of $1.3 tril- tainty, savvy businesses identify excess crats would be better served on focus- lion. and underperforming assets and elimi- ing on passing a budget than on consid- The Republicans would have America nate them. Our government must do ering the bill before us today. have mass amnesia, to forget where we the same. The American people agree.

VerDate Mar 15 2010 00:43 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JN7.006 H17JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE H4604 CONGRESSIONAL RECORD — HOUSE June 17, 2010 This week’s winning YouCut proposal it available to the small businesses on many parks now at the Federal, State, would incentivize Federal agencies to Main Street that were hurt by the and local levels that we can’t even identify and eliminate underutilized crash on Wall Street. So I would just begin to get the use out of them to jus- Federal buildings and structures. Ac- remind the Speaker as to what this tify these parks unless our people cording to OMB Director Peter Orszag, bill, the underlying bill, is. somehow find a way to go on perma- the Federal Government has 69,000 With that, I reserve the balance of nent vacations. And then, USA Today buildings and structures that meet this my time. reported that there are 1,667 land trusts criteria. The total value of this excess Ms. FOXX. Mr. Speaker, I think per- and there are 1,400 nature conser- property is nearly $19 billion. The one- haps my colleague across the aisle vancies, all taking over more and more time sale of these properties would needs to be reminded we’re actually land, so much that USA Today on its generate substantial revenues to fill here to debate because of two amend- front page reported that they’re taking short-term budget gaps. The long-term ments that violate their vaunted over approximately 6.2 million acres a savings would have a more substantial PAYGO, which means we are talking year, equivalent to half the size of the impact. A leaner real estate portfolio about the deficit and we are talking State of New Jersey each year, adding would allow the Federal bureaucracy about the sorry economy that the to—constantly adding to that hundreds to function effectively and efficiently, Democrats have brought to this coun- of millions of acres that are already and most importantly, the taxpayers try. under some type of Federal, State, or will no longer be on the hook for Now I yield 4 minutes to my col- local ownership, decreasing the tax underused, sometimes vacant Federal league from Tennessee (Mr. DUNCAN). rolls. properties. Mr. DUNCAN. I thank the gentle- I introduced a bill with my colleague Current law prohibits the disposing woman from North Carolina for yield- from the other side, DENNIS MOORE, in of wasted property and cashing in on ing me this time. the last Congress, called the Federal the savings. Most surplus property We have been told that this is the Real Property Disposal Enhancement must be offered—often at no cost—to time the majority wanted us to discuss Act. The Office of Management and other government agencies, to State this proposal by the gentleman from Budget had found 21,000 Federal prop- and local governments, to nonprofit or- Utah (Mr. CHAFFETZ), and so that’s why erties that the Federal Government no ganizations and others. Only at the end we’re doing this at this time. longer wanted worth $18 billion, and $9 of this process is property offered at a And I want, first of all, to commend billion of those were real property as- competitive public sale. Federal tax- Mr. CHAFFETZ for his proposal, which sets that the Federal Government payers have missed opportunities to would save taxpayer money and which wanted to dispose of. But it’s so com- generate revenue and to reduce the def- would potentially help cut into the plicated and so bureaucratic to dispose icit. For example, the Federal Govern- huge deficit, the huge debt that we of it at this present time that it’s ment has conveyed, at no cost, a build- have, in a very significant way. As he cheaper for these agencies to keep this ing in Los Angeles for a mob museum. mentioned, we have a national debt of property that they’re not even using. Jim Nussle, the Director of the Office A mob museum. Land in Massachusetts over $13 trillion now. The Congress re- of Management and Budget at that was conveyed for a public high school, cently voted to raise the debt limit to time, in the last Congress, recently where tuition is over $29,000 a year. $14.3 trillion. That’s an incomprehen- sent me a letter and endorsed the bill And a building in Florida the Federal sible figure. But what it means is that that I had introduced in the Congress Government now leases back at a cost in a few short years we’re not going to and that Senator TOM CARPER, a Demo- of over $100,000 a year. be able to pay all of our Social Secu- The proposal would direct OMB to rity, veterans’ pensions, and civil serv- crat from Delaware, and Senator TOM sell these properties and transfer 80 ice pensions and all of the things we COBURN had introduced in the Senate. The goal of the OMB was to dispose of percent of the proceeds to reduce the promised our own people with money $9 billion in unneeded real property. Federal debt. This would result in ap- that will buy anything. The Congress The SPEAKER pro tempore. The proximately $15 billion in debt reduc- in those years will not politically be able to come in and cut the benefits, time of the gentleman has expired. tion. The remaining 20 percent of the Ms. FOXX. I yield the gentleman 30 but they’ll just print more money. And proceeds would act as an incentive to additional seconds. agencies to quickly dispose of the ex- then people will find that their pen- Mr. DUNCAN. Director Nussle wrote cess property. sions that they were counting on will at the time I introduced that bill with Even President Obama is starting to buy a third or a half of what they ex- Congressman MOORE, he said, ‘‘To appreciate the need. On June 10, he pect. reach this objective, I believe we must issued a Presidential memorandum to This is an issue that I have been in- improve and streamline the current department heads directing them to terested in for quite some time, when I process that Federal agencies face in ‘‘accelerate efforts to identify and found out as far back as 1999 that the disposing of real property assets. eliminate excess properties.’’ He went Bureau of Land Management had iden- Therefore, I applaud your introduction on to say, ‘‘Both taxpayer dollars and tified 3 million acres that they did not of H.R. 3049, which would establish a 5- energy resources are being wasted to want because it was difficult to man- year pilot program for expediting the maintain these excess assets.’’ We seem age, inaccessible, unnecessary, and ex- disposal of properties no longer needed to be in agreement with the President. pensive. And so I introduced legislation by the Federal Government.’’ We urge the Democrats to join us. in both the 106th and 107th Congresses We’ve got to wake up, Mr. Speaker, Today, Congress can carry out the to dispose of some of this property to and realize that private property is a wishes of the American people, can gain some money for the Federal Gov- foundation of our freedom and our support the President’s effort to trim ernment. prosperity. Yet we’re slowing doing the Federal portfolio and take signifi- The Federal Government today owns away with it in this country, and we cant steps in getting our fiscal house approximately 30 percent of the land in need to reverse this trend. And this ac- back in order. I urge my colleagues to this country. State and local govern- tion by Mr. CHAFFETZ will help start support this proposal. It’s just common ments and quasi-governmental agen- that process and save taxpayer money. sense. cies own or control another 20 percent. Mr. PERLMUTTER. Mr. Speaker, I Mr. PERLMUTTER. I would remind So, in other words, you have half the would just quote from a letter we re- the Speaker and others that we’re here land in some type of public ownership. ceived from the Independent Commu- on the small business lending bill, not Yet we keep taking more and more, a nity Bankers of America: On behalf of on Mr. CHAFFETZ’s proposal or any pro- few million more acres each year off of the 5,000 members of the Independent posal like that. It may have merit at the tax rolls. At the same time that Community Bankers of America, we another time when that bill, itself, is the schools and the police and every- strongly support passage of the pro- brought forward, but we’re here to talk body come to us wanting more money, posed Small Business Lending Fund about the small business lending bill, we keep decreasing the tax rolls. Act of 2010. which provides community banks, It sounds great for a politician to We’re here on the rule to allow for smaller banks with funds to make cred- create a park, but we’ve created so that bill to go forward, and I would

VerDate Mar 15 2010 00:43 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JN7.008 H17JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE June 17, 2010 CONGRESSIONAL RECORD — HOUSE H4605 like to remind the Speaker and others Recovery Act enabled them to make than selling unnecessary assets, like that that’s the purpose of the hearing that difference that they were trying the American people do to live within today. to balance—the economics—because of their means, the Federal Government With that, I yield 3 minutes to my a State-supported system in China. The gives property free of charge to other friend from Kentucky (Mr. YARMUTH). support they got through the Recovery government entities and nonprofits, in- Mr. YARMUTH. I thank my friend and Reinvestment Act made up that cluding a building in Las Vegas to use from Colorado for yielding. difference and now they are bringing as a mob museum. I remember back in the movie, ‘‘The 400 jobs back. The American people have spoken. American President,’’ there’s one scene The SPEAKER pro tempore. The We cannot continue ignoring our debt. where Michael Douglas’ character is time of the gentleman has expired. I urge my colleagues to stand with the being criticized by one of his staff Mr. PERLMUTTER. I yield 1 addi- folks at home to use common sense and members, and he says, Is the view pret- tional minute to the gentleman. vote to sell excess Federal property ty good from the cheap seats? Mr. YARMUTH. They are bringing and take a necessary step toward a sus- I have to sit here and say, my col- back 400 jobs. They are planning to tainable future. leagues, the view is pretty good from bring back more jobs, again, because of Mr. PERLMUTTER. I remind my the cheap seats. Because if you think the government’s help. Now, as I said friend from Kansas that when you cut back upon what we inherited, those of at the outset, there are two ways to ap- taxes for the wealthiest people in us who are now trying to pull that car proach this decline. We can say the America, you prosecute two wars with- out of the ditch, which is also the econ- government has no role. We can say all out paying for them, and you fail to po- omy, and try to improve things for the the government should do is get out of lice Wall Street so that it becomes a American people, how deep in that the way and the private forces will re- big casino and results in a crash leav- ditch it was. And we’re talking about cover the economy. As I said, been ing this country in terrible debt, and 700,000 jobs lost per month. We’re talk- there, done that. It hasn’t worked. you turn a budget upside down, those ing about an inherited projected deficit The steps that we have taken, the are the policies that bring a country of $10 trillion. That’s what the Obama steps that we propose to take in this and bring small businesses to their administration and this Congress has Small Business Act, the subject of this knees. The country, because of various been trying to repair. rule, are steps that we believe are steps taken, has come out of the ter- Now, what has been the response worth trying, that will be an affirma- rible dip of the last months of the Bush from our colleagues on the other side? tive effort to grow jobs in the small administration to where we’re adding It has been solely, Well, this isn’t a business segment of the economy to jobs. We have a long way to go. We lost good idea; this isn’t a good idea; this make capital available, to provide tax millions of jobs, and many small busi- isn’t a good idea. We’re spending too incentives—yes, to my friends on the nesses were hurt in the process. The much money. Blah, blah, blah. Let’s other side, tax incentives—to motivate cut taxes. Well, we tried that. Been purpose of the bill that is to be voted small business operators to grow their on today is about providing funding to there, done that, and that’s what businesses, to start new businesses. brought us to the ditch. smaller banks so that small business These are the steps that this Congress will have credit, and people will get Now what have we done in this Con- and this administration are taking to gress? What have we done to take that back to work. Providing a platform for grow the economy. It is better than sit- small business to really get back on its car out of the ditch and get it back on ting in the cheap seats and saying we the road? We have taken, by every feet and put the people back to work, want to go back to the agenda that put so many of whom lost their jobs in this measure possible. We passed the Amer- us in the ditch. ican Recovery and Reinvestment Act. recession that was caused by the tax We put $300 billion back in the hands of b 1100 cuts, the two wars without payment, the American taxpayers. That’s some- Ms. FOXX. Mr. Speaker, you know, and failing to police Wall Street. With that, I reserve the balance of thing that our colleagues on the other the gentleman from Colorado reminds my time. us to stay on the topic, but then he side neglect to mention, that that Ms. FOXX. Mr. Speaker, every time yields to someone who spends most of money—most of that money, or 40 per- my colleague wants to blame the econ- cent of the so-called stimulus package, his time blaming a person who is not omy on the former President, I’m going went back to the American taxpayers even any longer in office. That is the to remind him that the Democrats to spend. theme of our colleagues across the were in control of this Congress the I have the privilege of cochairing the aisle. No sense of responsibility or ac- last 2 years that President Bush was in Congressional Task Force on American countability on their part. office. You can talk all you want to Competitiveness. Two days ago, we had They passed the disastrous stimulus, about what the job numbers were in a forum here. We have had people from which all it did was put us deeper into the last month of the Bush administra- companies as large as General Electric debt. It hasn’t done anything to help tion. The Democrats were in control of and Ford to very small startups. With- the economy. They talk about more Congress, and they caused the problem. out an exception, every one of those government control. Well, what about I now yield 4 minutes to my distin- businesspeople said that we would be in the MMS department? They were the guished colleague, my eloquent col- such worse shape were it not for the ones who were supposed to be checking league, from Texas (Mr. GOHMERT). American Recovery and Reinvestment out whether what BP was doing was Mr. GOHMERT. When we talk about Act. You can imagine all of the okay. They signed off on all the per- Wall Street, one of the things that progress or much of the progress they mits and let them drill. That’s what really gets me is, if you look at the had made in sustaining or growing growing the government does for us. numbers and why there wasn’t more re- their businesses was attributable to Now, Mr. Speaker, I yield 1 minute to form of Wall Street, what we find out support given through the American my colleague from Kansas (Ms. JEN- is that actually both to the Obama Recovery and Reinvestment Act and KINS). campaign running for President and to that the government has to continue to Ms. JENKINS. Mr. Speaker, the U.S. our friends across the aisle, the execu- play a role. has lived beyond its means for too tives on Wall Street, despite what One reason they said was very inter- long, and it will take commonsense sometimes seems the conventional wis- esting. In the global economy, we are ideas to restore responsible spending in dom, the executives on Wall Street not necessarily competing in a free Washington. But we can start by iden- give to the Democrats and to the market atmosphere. We’re competing tifying what we need to fulfill the du- Obama campaign four to one over Re- with a lot of State-supported industry. ties of the Federal Government and publicans. It’s an amazing thing to see. So, for instance, when General Elec- eliminate everything else. And if you look at that, then you begin tric, which is bringing back 400 jobs The Federal Government is the larg- to understand a little better why there from China to my district to build an est property owner in the U.S. Accord- may be games being played, but there energy-efficient hybrid water heater, ing to the OMB, we have $18 billion in was no real reform of Wall Street that they did it because support through the assets that we do not need. Rather was going on.

VerDate Mar 15 2010 00:43 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JN7.009 H17JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE H4606 CONGRESSIONAL RECORD — HOUSE June 17, 2010 And that also brings up the issue of when the Democrats had this majority, Union. Think about that. One out of British Petroleum. Some might won- and compassion does not equal giving every three acres of this country is der, why in the world would the Presi- away money. owned and controlled by the Federal dent of the United States wait all these The SPEAKER pro tempore. The Government. And I hate to say this, weeks—week after week after week time of the gentleman has expired. but in 2007, OMB did a study and said after week—to even meet with British Mr. PERLMUTTER. Mr. Speaker, that, of that, $18 billion worth of that Petroleum, to even call them down. how much time does each side have? property is excess. It is useless. It is Well, they’ve gotten pretty rough on The SPEAKER pro tempore. The gen- needless. them here lately in talking. But actu- tleman from Colorado has 19 minutes. This year, Peter Orszag updated that ally, it turns out the more you dig—it’s The gentlewoman from North Carolina report and said there are 14,000 build- kind of like Wall Street—it turns out has 81⁄2 minutes. ings that the Federal Government British Petroleum was this administra- Mr. PERLMUTTER. I would ask my owns that are excess, and 55,000 build- tion’s greatest ally in fighting what friend from North Carolina how many ings that are underutilized and not was an invented problem: Global warm- more speakers she may have. necessary. When I first came here, The ing. It turns out the planet may have Ms. FOXX. We have at least two Washington Post did an editorial that been cooling in the last few years. The more speakers, Mr. Speaker. said, Until the District of Columbia snow down in South Africa recently Mr. PERLMUTTER. I just would say, can get hold of all the excess land and points toward that as well. again, reading from the letter from the buildings owned by the Federal Gov- But British Petroleum was meeting Independent Community Bankers of ernment and put those to economic with Senator KERRY, and they were America. The Act, which is the Small use, the economy of Washington, D.C., pushing this global warming bill. They Business Lending Fund Act, the Act would never grow. needed an oil company to help get this would offer capital to interested com- Those of us in the West have been ridiculous bill that was being pushed, munity banks to increase small busi- saying that for a long time. In fact, the so-called energy bill, they needed ness credit. We urge the House to pass this year, I introduced two land trans- an oil company to give them credi- this legislation. The Nation’s 8,000- fer bills. In each bill, both the Forest bility. So, of course, they didn’t want strong community banks are well posi- Service and the BLM as well as the to come down on them. Of course, they tioned to leverage this fund and have Army Corps of Engineers owned land want to talk about Wall Street and established relationships with small that they did not use, they did not getting tough on the fat cats, but as far businesses in their communities to get need, they didn’t even know about it. as doing anything, it’s just talk. That’s credit flowing. On down it says, Nota- One parcel of land was sold to the Fed- why Goldman Sachs had their biggest bly, leveraging the $30 billion funds eral Government in the 1940s for $1, and profit in their whole company’s history with community banks would poten- the Forest Service did not know they last year as the Democrats controlled tially support many times that amount had that land. the House, the Senate and the White in loan volume to small businesses, as The local officials understood that House. And I’m trying to dig. We found much as $300 billion in additional lend- this land is useless, and these buildings some contracts, but I would like to ing. are useless, and thus, they are put to know just how much of that was gov- By reducing the dividend costs on the some kind of profitable need. The D.C. ernment money coming from this Con- capital investment as lending in- bureaucrats, though, said their policy gress and this administration into the creases, this program helps to ensure is no net loss of land or real estate. In coffers still of Goldman Sachs. It’s still more community banks have both the fact, the only way they will give up flowing there. And the contracts indi- incentive and greater capacity to in- something is if they get more in re- cate that. crease total loans to small businesses. turn. That is pure insanity. Use this As far as the oil spill, you’ve got That’s the purpose of this rule, to pass rule to go against the excesses of land companies and countries around the the underlying bill, which is to in- and the excess buildings that we have world willing to help. President Bush, crease credit to small businesses and so that we can send a true message to for all the criticism, actually within 3 get them back on their feet and help the business community and the days of the Katrina hurricane, had sus- continue to add jobs, as we have over money lenders who have money to in- pended the Jones Act so foreign coun- the course of the last 14 or 15 months. vest in this economy that we really are tries could send ships and send help When we were at the very depth of the serious about the debt by taking all of and go ahead and give us all the assist- recession, in January 2009, the last the excess and using it to pay down the ance they could. This administration month of the Bush administration, los- debt, that we are serious about build- still has not suspended the Jones Act. ing 780,000 jobs; in April, where we ing a business climate here that will We had the Netherlands within days— gained 290,000 jobs; in May, 400,000 jobs. encourage people to invest in this com- man, they know something about That’s what this is about, putting peo- pany, and do that first by saying, We building barrier islands and dikes and ple back to work, getting this country will retire our excess property and use things like that. This administration back on a strong financial footing. it to build down and take down this said, Oh, no. We don’t want that, allow- With that, I reserve the balance of debt. ing millions and millions and millions my time. Mr. PERLMUTTER. I, again, remind of dollars to pile up. And then you look Ms. FOXX. Mr. Speaker, I now yield everyone that the rule and the bill are in a little deeper, and you find out, Oh, 3 minutes to my distinguished col- about small business lending. Again, I gee. league from Utah (Mr. BISHOP). would refer to the letter from the inde- After the President said that about Mr. BISHOP of Utah. Mr. Speaker, I pendent community bankers. ICBA be- the cozy relationship that existed be- appreciate the gentlelady from North lieves the proposed Small Business tween big oil and the regulators, it Carolina yielding me the time. Lending Fund Act supports their rec- turns out the very person that we were We are here today to talk about a ommendations, and this fresh program told by the Inspector General who rule that would qualify certain amend- approach will attract a broader spec- knew the most about that price adjust- ments to solve a procedural problem, a trum of community banks to boost ment language being pulled out of off- mistake that the majority party made small business lending and job growth. shore leases in 1998–1999 left the Clin- here. But why not use this rule as an We applaud the new program focused ton administration when they went opportunity to something really more, on getting funds to Main Street’s small out; so they couldn’t really talk to to help solve and resolve ongoing prob- businesses using Main Street commu- them to investigate what had hap- lems. One could look at the far map nity banks. pened. It turns out, she works now with that I have of the United States over We’re here to try to get money to the Department of the Interior, with there. Everything that is in red is land small businesses throughout the coun- the Minerals Management. Go figure. and property owned by the Federal try using the smaller community There is a mess going on. There are a Government. Ronald Reagan looked at banks, regional banks. The purpose is lot of things we can do to quit killing that and said, You never see something to get them back on their feet, get jobs. Those 700,000 jobs were being lost like that this side of the old Soviet them growing. We’re not here to talk

VerDate Mar 15 2010 00:43 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JN7.012 H17JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE June 17, 2010 CONGRESSIONAL RECORD — HOUSE H4607 about selling off assets of America. publican party conventions. That is I would like to make one more com- We’re here to talk about getting small crazy. ment. My friend from North Carolina businesses back on their feet. Or you could vote to require collec- mentioned earlier, you keep blaming With that, I reserve the balance of tion of unpaid taxes from Federal em- the former President. No, we actually my time. ployees, a billion dollars we could save keep blaming the former 12 years of Ms. FOXX. Mr. Speaker, I now yield there; or to terminate the funding for Republican control of the Congress be- 2 minutes to our distinguished col- the NDIC, $440 million. cause that is the period of time in league from Georgia, Dr. PRICE. Mr. Speaker, this debate is not just which the really disastrous policies for about whether or not we are acting re- the economy were implemented and b 1115 sponsibly here. It is what we are doing were approved: the two tax cuts that Mr. PRICE of Georgia. Mr. Speaker, I with the hard-earned taxpayer money. mostly went to wealthiest Americans; thank the gentlelady for yielding and We are talking about money here, and the $7 trillion projected debt because of for her leadership on issues of the ut- this bill that you are talking about the unfunded prescription drug plan; most importance to the American peo- spends an extra $33 billion that we do and, of course, the war funding. ple. not have. In fact, there is money appro- I know that the President, President My friend says we are not here to priated already through the TARP pro- Bush, dealt for 2 years with a Demo- talk about the debt that has been cre- gram, over $500 billion of money avail- cratic Congress. We did have control of ated in this Nation; we are here to talk able. You could use some of that if you the Congress, but we sure didn’t have a about money. We are here to talk wanted to be fiscally responsible. But, veto-proof Congress. And every time we about the taxpayers’ money. And this Mr. Speaker, we have seen that kind of wanted to implement a policy or bill, this underlying bill that is being leadership out of the majority party. change the President’s budget, he discussed right now spends another $33 Mr. Speaker, the YouCut program al- threatened a veto. So, yes, we did have billion. That is right, Mr. Speaker, an- lows the American people to assist in control of the Congress, but we didn’t other $33 billion of hard-earned money those things that they believe are have control of the Nation’s economy. from the American taxpayer. But it wasteful in our Federal Government. But for 12 years, the Republican Con- can’t come from the American tax- This bill is an opportunity through the gress did. For 6 years of that, they had payer, because we have so much deficit PC to be able to cut the excess Federal control of all three branches of govern- right now. So it needs to come from property. ment. That is when the true damage where, China or Japan. Mr. PERLMUTTER. I would remind was done. Mr. Speaker, the American people my friend, at the height of the Iraq war We have an important piece of legis- are sick and tired of what is going on we spend $141 billion, as we draw troops lation that will help small businesses here in Washington. Just this week the down to $65 billion, a savings of $76 bil- create jobs. American people said in a survey that lion a year. That is money. These Ms. FOXX. Mr. Speaker, I yield my- the greatest threat to this Nation, things we can find other places to save self 1 minute. which they believe had been terrorism, where there is wasteful spending, $76 You know, my colleagues across the is now debt. Debt. What they are say- billion in Iraq. That is what this Con- aisle talk about trying to create jobs. I ing to us is stop the madness. So what gress is finding. That is what this will point out to my colleague that the Republicans have done, in an at- President has found. Instead of going trying isn’t doing it. What happens is tempt to be fiscally responsible and try into war and not paying for it, $76 bil- you pass the stimulus to create jobs, to encourage our colleagues on the lion. omnibus appropriations to create jobs, Mr. Speaker, I yield 2 minutes to the other side of the aisle to stop the mad- auto bailouts to create jobs, health gentleman from Kentucky (Mr. ness, is to institute the YouCut pro- care, cap-and-trade, all of those things YARMUTH). gram. to create jobs. You are trying, but you Mr. YARMUTH. Mr. Speaker, I thank are not doing. What you are doing is It is at republicanwhip.house.gov/ the gentleman from Colorado. YouCut, and this week’s winner, these you are creating government jobs. I know the American people who are This is the chart that the American are the American people going to this watching this must have their heads people want to look at: how many gov- Web site saying stop the madness, cut spinning because all we have heard for ernment jobs you are creating. You in this area, this week’s winner will a year and a half now from our col- have also created a deficit in 2 years save $15 billion by selling excess Fed- leagues on the other side was TARP three times the size of the deficit that eral property, property that is not was a disastrous program; TARP is a Republicans created in 12 years. You being used right now, sell it for $15 bil- disastrous program. They are running are so selective in how you talk about lion. ads against us in our districts about history. Clinton was President for part Every single week we try to identify how horrible TARP was: so and so of that time. You say he had a surplus those programs, those areas of the Fed- voted for TARP. And yet here we have at the end of his term; but you never eral Government that are recklessly someone who is advocating that we give Republicans credit for that. But spending the hard-earned taxpayers’ take money from TARP and give it to then you talk about our being in money. And this week, there are five small businesses. I actually think that charge of the Congress. You know, you more new nominees that will be an- is a good idea. I am for that. are very selective with your statistics. nounced. But I want to clarify something be- But you have tried and you’ve failed. Mr. Speaker, I encourage my col- cause he is misstating the impact of You have not created jobs. leagues to go to the Web site, the underlying bill. This bill does not I reserve the balance of my time. republicanwhip.house.gov/YouCut, and add anything to the deficit. This bill is ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE vote for whether or not they want to paid for, and the $30 billion in loan fa- The SPEAKER pro tempore. Mem- prohibit hiring of new IRS agents to cilities that we are actually making bers are reminded to address their re- enforce the new health care law, saving available to small banks throughout marks to the Chair. $10 billion, whether they want to ter- the country actually generates a sur- Mr. PERLMUTTER. I want to make minate exchanges in the Whaling and plus for the Treasury. That is a profit sure that the record is clear that the Trading Partners program, another $90 maker for the Treasury. There is no amendments that are presented in to- million in savings. cost unless the money is actually bor- day’s rule are in full compliance with The SPEAKER pro tempore. The rowed. And if it is borrowed and paid the PAYGO rule, and that is why we time of the gentleman has expired. back with interest, then the taxpayers are proceeding with this second rule. Ms. FOXX. I yield the gentleman an actually benefit. I reserve the balance of my time. additional minute. So it is one to thing to talk about Ms. FOXX. Mr. Speaker, I ask unani- Mr. PRICE of Georgia. Or you vote to deficits and argue about who is respon- mous consent that the text of the terminate taxpayer-subsidized political sible and so forth, but to actually mis- amendment and extraneous material party conventions. That is right, Mr. state the actual facts about the under- be printed in the RECORD immediately Speaker, we spend tens of millions of lying bill here is a little bit disingen- prior to the vote on the previous ques- dollars paying for Democrat and Re- uous. tion.

VerDate Mar 15 2010 00:43 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JN7.013 H17JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE H4608 CONGRESSIONAL RECORD — HOUSE June 17, 2010 The SPEAKER pro tempore. Is there any longer. This credit crunch has the previous question and a member of the objection to the request of the gentle- taken its toll, but now it is time to opposition rose to a parliamentary inquiry, woman from North Carolina? focus on Main Street. asking who was entitled to recognition. There was no objection. I urge a ‘‘yes’’ vote on the previous Speaker Joseph G. Cannon (R–Illinois) said: Ms. FOXX. Mr. Speaker, I yield my- question and on the rule. ‘‘The previous question having been refused, the gentleman from , Mr. Fitz- self the balance of my time to close. The material previously referred to gerald, who had asked the gentleman to I’m going to urge my colleagues to by Ms. FOXX is as follows: yield to him for an amendment, is entitled to vote ‘‘no’’ on the previous question so AMENDMENT TO H. RES. 1448 the first recognition.’’ that I can amend the rule to allow all OFFERED BY MS. FOXX OF NORTH CAROLINA Because the vote today may look bad for Members of Congress the opportunity At the end of the resolution add the fol- the Democratic majority they will say ‘‘the to vote to cut spending. Republican lowing new section: vote on the previous question is simply a Whip really launched the SEC. 2. Immediately upon the adoption of vote on whether to proceed to an immediate YouCut initiative which gives people this resolution the Speaker shall, pursuant vote on adopting the resolution . . . [and] has no substantive legislative or policy im- an opportunity to vote for Federal to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the plications whatsoever.’’ But that is not what spending they would like to see Con- Whole house on the state of the Union for they have always said. Listen to the defini- gress cut. Hundreds of thousands of consideration of the bill (H.R. 5535) to estab- tion of the previous question used in the Americans have cast their votes, and lish a pilot program for the expedited dis- Floor Procedures Manual published by the this week they have directed their Rep- posal of Federal real property. The first Rules Committee in the 109th Congress, resentatives in Congress to consider reading of the bill shall be dispensed with. (page 56). Here’s how the Rules Committee H.R. 5535. All points of order against consideration of described the rule using information form According to the Republican whip the bill are waived. General debate shall be Congressional Quarterly’s ‘‘American Con- gressional Dictionary’’: ‘‘If the previous YouCut Web site: ‘‘The Office of Man- confined to the bill and shall not exceed one hour equally divided and controlled by the question is defeated, control of debate shifts agement and Budget estimated in 2007 Majority Leader and the Minority Leader or to the leading opposition member (usually that the Federal Government is hold- their respective designees. After general de- the minority Floor Manager) who then man- ing $18 billion in real property it does bate the bill shall be considered for amend- ages an hour of debate and may offer a ger- not need. Rather than selling this prop- ment under the five-minute rule. During con- mane amendment to the pending business.’’ erty, however, Federal law usually re- sideration of the bill for amendment, the Deschler’s Procedure in the U.S. House of quires that it first be offered, often at Chairman of the Committee of the Whole Representatives, the subchapter titled no cost, to other government agencies, may accord priority in recognition on the ‘‘Amending Special Rules’’ states: ‘‘a refusal to order the previous question on such a rule to State and local governments, to basis of whether the Member offering an amendment has caused it to be printed in the [a special rule reported from the Committee nonprofits, and others. The Federal portion of the Congressional Record des- on Rules] opens the resolution to amend- Government has conveyed at no cost: a ignated for that purpose in clause 8 of rule ment and further debate.’’ (Chapter 21, sec- building in Las Vegas that is intended XVIII. Amendments so printed shall be con- tion 21.2) Section 21.3 continues: Upon rejec- to house the mob museum; land in sidered as read. At the conclusion of consid- tion of the motion for the previous question Massachusetts for a private high school eration of the bill for amendment the Com- on a resolution reported from the Committee where tuition is over $29,000 a year; and mittee shall rise and report the bill to the on Rules, control shifts to the Member lead- a building in Florida that the Federal House with such amendments as may have ing the opposition to the previous question, who may offer a proper amendment or mo- Government now leases back at a cost been adopted. The previous question shall be considered as ordered on the bill and amend- tion and who controls the time for debate of over $100,000 a year. This proposal ments thereto to final passage without inter- thereon.’’ would amend Federal law to require an vening motion except one motion to recom- Cleary, the vote on the previous question expedited process for selling unneeded mit with or without instructions. If the on a rule does have substantive policy impli- Federal property with 80 percent of the Committee of the Whole rises and reports cations. It is one of the only available tools proceeds used to reduce the deficit.’’ that it has come to no resolution on the bill, for those who oppose the Democratic major- In order to provide for consideration then on the next legislative day the House ity’s agenda and allows those with alter- of this commonsense legislation, I urge shall, immediately after the third daily native views the opportunity to offer an al- my colleagues to vote ‘‘no’’ on the pre- order of business under clause 1 of rule XIV, ternative plan. vious question and ‘‘no’’ on the rule. resolve into the Committee of the Whole for Mr. PERLMUTTER. Mr. Speaker, I further consideration of the bill. Clause 1(e) I yield back the balance of my time. yield back the balance of my time, and of rule XIX shall not apply to the consider- I move the previous question on the Mr. PERLMUTTER. Mr. Speaker, I ation of H.R. 5535. yield myself the balance of my time. resolution. Mr. Speaker, small businesses cannot (The information contained herein was The SPEAKER pro tempore. The grow if credit is not available to them. provided by Democratic Minority on mul- question is on ordering the previous Over the course of the last year and a tiple occasions throughout the 109th Con- question. half, credit has tightened substan- gress.) The question was taken; and the tially. This bill provides for a loan fund THE VOTE ON THE PREVIOUS QUESTION: WHAT Speaker pro tempore announced that to small community banks and re- IT REALLY MEANS the ayes appeared to have it. gional banks so that they can work This vote, the vote on whether to order the Ms. FOXX. Mr. Speaker, on that I de- with their small businesses throughout previous question on a special rule, is not mand the yeas and nays. merely a procedural vote. A vote against or- the country. This is not focused on dering the previous question is a vote The yeas and nays were ordered. Wall Street, but is focused on Main against the Democratic majority agenda and The SPEAKER pro tempore. Pursu- Street so we can get small businesses a vote to allow the opposition, at least for ant to clause 8 and clause 9 of rule XX, really back strong and prosperous and the moment, to offer an alternative plan. It this 15-minute vote on ordering the hiring people back so that this country is a vote about what the House should be de- previous question will be followed by 5- is on a full and vibrant financial foot- bating. minute votes on adoption of House Res- ing. Mr. Clarence Cannon’s Precedents of the olution 1448, if ordered; and the motion House of Representatives, (VI, 308–311) de- to suspend the rules and adopt House I would just remind the Speaker, we scribes the vote on the previous question on have strong support from a whole vari- the rule as ‘‘a motion to direct or control the Resolution 1429. ety of organizations with respect to the consideration of the subject before the House The vote was taken by electronic de- bill: the National Small Business Asso- being made by the Member in charge.’’ To vice, and there were—yeas 241, nays ciation, the Small Business Majority, defeat the previous question is to give the 179, not voting 12, as follows: the National Association of Realtors, opposition a chance to decide the subject be- [Roll No. 368] fore the House. Cannon cites the Speaker’s the Independent Community Bankers YEAS—241 of America, the American Bankers As- ruling of January 13, 1920, to the effect that ‘‘the refusal of the House to sustain the de- Ackerman Baldwin Bishop (GA) sociation, and a number of other orga- mand for the previous question passes the Adler (NJ) Barrow Bishop (NY) Altmire Bean Blumenauer nizations. control of the resolution to the opposition’’ Our Nation’s small businesses have Andrews Becerra Boccieri in order to offer an amendment. On March Arcuri Berkley Boren waited long enough for much-needed 15, 1909, a member of the majority party of- Baca Berman Boswell capital, so we won’t make them wait fered a rule resolution. The House defeated Baird Berry Boucher

VerDate Mar 15 2010 00:43 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JN7.015 H17JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE June 17, 2010 CONGRESSIONAL RECORD — HOUSE H4609 Boyd Hinojosa Perlmutter Gingrey (GA) Lungren, Daniel Roe (TN) Dicks Kucinich Rangel Brady (PA) Hirono Perriello Gohmert E. Rogers (AL) Dingell Langevin Reyes Braley (IA) Hodes Peters Goodlatte Mack Rogers (KY) Doggett Larsen (WA) Richardson Brown, Corrine Holden Peterson Granger Manzullo Rogers (MI) Donnelly (IN) Larson (CT) Rodriguez Butterfield Holt Pingree (ME) Graves (GA) Marchant Rohrabacher Doyle Lee (CA) Ross Capps Honda Polis (CO) Graves (MO) McCarthy (CA) Rooney Driehaus Levin Rothman (NJ) Capuano Hoyer Pomeroy Griffith McCaul Ros-Lehtinen Edwards (MD) Lewis (GA) Roybal-Allard Cardoza Inslee Price (NC) Guthrie McClintock Roskam Edwards (TX) Lipinski Ruppersberger Carnahan Israel Quigley Hall (TX) McCotter Royce Ellison Loebsack Rush Carney Jackson (IL) Rahall Harper McHenry Ryan (WI) Ellsworth Lofgren, Zoe Ryan (OH) Carson (IN) Jackson Lee Rangel Hastings (WA) McKeon Scalise Engel Lowey Salazar ´ ´ Castor (FL) (TX) Reyes Heller McMorris Schmidt Eshoo Lujan Sanchez, Linda Chandler Johnson (GA) Richardson Hensarling Rodgers Schock Etheridge Lynch T. Herger Mica Farr Maffei Chu Johnson, E. B. Rodriguez Sensenbrenner Sanchez, Loretta Hunter Miller (FL) Fattah Maloney Sarbanes Clarke Kagen Ross Sessions Clay Kanjorski Issa Miller (MI) Filner Markey (CO) Schakowsky Rothman (NJ) Shadegg Cleaver Kaptur Jenkins Miller, Gary Foster Markey (MA) Schauer Roybal-Allard Shimkus Clyburn Kennedy Johnson (IL) Minnick Frank (MA) Marshall Schiff Ruppersberger Shuster Cohen Kildee Johnson, Sam Mitchell Fudge Matheson Schrader Rush Simpson Connolly (VA) Kilpatrick (MI) Jones Moran (KS) Garamendi Matsui Schwartz Ryan (OH) Smith (NE) Conyers Kilroy Jordan (OH) Murphy, Tim Gonzalez McCarthy (NY) Scott (GA) Smith (NJ) Cooper Kind Salazar King (IA) Myrick Gordon (TN) McCollum Scott (VA) ´ Smith (TX) Costa Kissell Sanchez, Linda King (NY) Neugebauer Grayson McDermott Serrano Costello Klein (FL) T. Kingston Nunes Stearns Green, Al McGovern Sestak Courtney Kosmas Sanchez, Loretta Kirk Nye Sullivan Green, Gene McIntyre Shea-Porter Critz Kucinich Sarbanes Kline (MN) Olson Terry Grijalva McMahon Sherman Crowley Langevin Schakowsky Kratovil Paul Thompson (PA) Gutierrez McNerney Sires Cuellar Larsen (WA) Schauer Lamborn Paulsen Thornberry Hall (NY) Meeks (NY) Skelton Cummings Larson (CT) Schiff Lance Pence Tiahrt Halvorson Melancon Slaughter Davis (AL) Lee (CA) Schrader Latham Petri Tiberi Hare Michaud Smith (WA) Davis (CA) Levin Schwartz LaTourette Pitts Turner Harman Miller (NC) Snyder Davis (IL) Lewis (GA) Scott (GA) Latta Platts Upton Hastings (FL) Miller, George Space Davis (TN) Lipinski Scott (VA) Lee (NY) Poe (TX) Walden Heinrich Minnick Speier DeFazio Loebsack Serrano Lewis (CA) Posey Westmoreland Higgins Mollohan Spratt DeGette Lofgren, Zoe Sestak Linder Price (GA) Whitfield Himes Moore (KS) Stark Delahunt Lowey Shea-Porter LoBiondo Putnam Wilson (SC) Hinchey Moran (VA) Stupak DeLauro Luja´ n Sherman Lucas Radanovich Wittman Hinojosa Murphy (CT) Sutton Deutch Lynch Shuler Luetkemeyer Rehberg Wolf Hirono Murphy (NY) Tanner Dicks Maffei Sires Lummis Reichert Young (AK) Hodes Murphy, Patrick Teague Dingell Maloney Skelton Holden Nadler (NY) Thompson (CA) Doggett Markey (CO) Slaughter NOT VOTING—12 Holt Napolitano Thompson (MS) Donnelly (IN) Markey (MA) Smith (WA) Barrett (SC) Hoekstra Moore (WI) Honda Neal (MA) Tierney Doyle Marshall Snyder Brown (SC) Inglis Taylor Hoyer Nye Titus Driehaus Matheson Space Childers Kirkpatrick (AZ) Wamp Inslee Oberstar Tonko Edwards (MD) Matsui Speier Gutierrez Meek (FL) Young (FL) Israel Obey Towns Edwards (TX) McCarthy (NY) Spratt Jackson (IL) Olver Tsongas Ellison McCollum Stark b 1202 Jackson Lee Ortiz Van Hollen Ellsworth McDermott (TX) Owens Visclosky Stupak Messrs. SAM JOHNSON of Texas, Engel McGovern Sutton Johnson, E. B. Pallone Walz Eshoo McIntyre Tanner FRANKS of Arizona, ROGERS of Ala- Kagen Pascrell Wasserman Kanjorski Etheridge McMahon Teague bama and Mrs. LUMMIS changed their Pastor (AZ) Schultz Kaptur Payne Waters Farr McNerney Thompson (CA) Fattah Meeks (NY) vote from ‘‘yea’’ to ‘‘nay.’’ Kennedy Perlmutter Watson Thompson (MS) Filner Melancon Mr. CROWLEY changed his vote from Kildee Perriello Watt Tierney Foster Michaud Kilpatrick (MI) Peters Waxman Titus ‘‘nay’’ to ‘‘yea.’’ Frank (MA) Miller (NC) Kilroy Peterson Weiner Tonko So the previous question was ordered. Fudge Miller, George Kind Pingree (ME) Welch Towns Garamendi Mollohan The result of the vote was announced Kirkpatrick (AZ) Polis (CO) Wilson (OH) Gonzalez Moore (KS) Tsongas as above recorded. Kissell Price (NC) Woolsey Gordon (TN) Moran (VA) Van Hollen Klein (FL) Quigley Wu ´ The SPEAKER pro tempore. The Grayson Murphy (CT) Velazquez Kosmas Rahall Yarmuth Green, Al Murphy (NY) Visclosky question is on the resolution. Green, Gene Murphy, Patrick Walz The question was taken; and the NOES—179 Grijalva Nadler (NY) Wasserman Speaker pro tempore announced that Aderholt Cassidy Graves (MO) Schultz Hall (NY) Napolitano the ayes appeared to have it. Akin Castle Griffith Halvorson Neal (MA) Waters Alexander Chaffetz Guthrie Hare Oberstar Watson RECORDED VOTE Austria Coble Hall (TX) Harman Obey Watt Bachmann Coffman (CO) Harper Waxman Ms. FOXX. Mr. Speaker, I demand a Hastings (FL) Olver recorded vote. Bachus Cole Hastings (WA) Heinrich Ortiz Weiner Bartlett Conaway Heller Herseth Sandlin Owens Welch A recorded vote was ordered. Barton (TX) Crenshaw Hensarling Higgins Pallone Wilson (OH) The SPEAKER pro tempore. This is a Biggert Culberson Herger Hill Pascrell Woolsey 5-minute vote. Bilbray Dahlkemper Herseth Sandlin Himes Pastor (AZ) Wu Bilirakis Davis (KY) Hill Hinchey The vote was taken by electronic de- Payne Yarmuth Bishop (UT) Dent Hunter vice, and there were—ayes 237, noes 179, Blackburn Diaz-Balart, L. Issa NAYS—179 not voting 16, as follows: Blunt Diaz-Balart, M. Jenkins Boehner Djou Aderholt Brown-Waite, Dahlkemper Johnson (IL) [Roll No. 369] Bonner Dreier Akin Ginny Davis (KY) Johnson, Sam Bono Mack Duncan Alexander Buchanan Dent AYES—237 Jones Boozman Ehlers Austria Burgess Diaz-Balart, L. Ackerman Boswell Connolly (VA) Jordan (OH) Boustany Emerson Bachmann Burton (IN) Diaz-Balart, M. Adler (NJ) Boucher Conyers King (NY) Boyd Fallin Bachus Buyer Djou Altmire Brady (PA) Cooper Brady (TX) Flake Kingston Bartlett Calvert Dreier Andrews Braley (IA) Costa Bright Fleming Kirk Barton (TX) Camp Duncan Arcuri Brown, Corrine Costello Broun (GA) Forbes Kline (MN) Biggert Campbell Ehlers Baca Butterfield Courtney Brown-Waite, Fortenberry Kratovil Bilbray Cantor Emerson Baird Capuano Critz Ginny Foxx Lamborn Bilirakis Cao Fallin Baldwin Cardoza Crowley Buchanan Franks (AZ) Lance Bishop (UT) Capito Flake Barrow Carnahan Cuellar Burgess Frelinghuysen Latham Blackburn Carter Fleming Bean Carney Cummings Burton (IN) Gallegly LaTourette Blunt Cassidy Forbes Becerra Carson (IN) Davis (AL) Buyer Garrett (NJ) Latta Boehner Castle Fortenberry Berkley Castor (FL) Davis (CA) Calvert Gerlach Lee (NY) Bonner Chaffetz Foxx Berman Chandler Davis (IL) Camp Giffords Lewis (CA) Bono Mack Coble Franks (AZ) Berry Chu Davis (TN) Campbell Gingrey (GA) Linder Boozman Coffman (CO) Frelinghuysen Bishop (GA) Clarke DeFazio Cantor Gohmert LoBiondo Boustany Cole Gallegly Bishop (NY) Clay DeGette Cao Goodlatte Lucas Brady (TX) Conaway Garrett (NJ) Blumenauer Cleaver Delahunt Capito Granger Luetkemeyer Bright Crenshaw Gerlach Boccieri Clyburn DeLauro Carter Graves (GA) Lummis Broun (GA) Culberson Giffords Boren Cohen Deutch

VerDate Mar 15 2010 00:43 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\A17JN7.002 H17JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE H4610 CONGRESSIONAL RECORD — HOUSE June 17, 2010 Lungren, Daniel Paulsen Sessions Brady (PA) Gallegly Lummis Roskam Shimkus Titus E. Pence Shadegg Brady (TX) Garamendi Lungren, Daniel Ross Shuler Tonko Mack Petri Shimkus Braley (IA) Garrett (NJ) E. Rothman (NJ) Shuster Towns Manzullo Pitts Shuler Bright Gerlach Lynch Roybal-Allard Simpson Tsongas Marchant Platts Shuster Broun (GA) Giffords Mack Royce Sires Turner McCarthy (CA) Poe (TX) Simpson Brown, Corrine Gingrey (GA) Maffei Ruppersberger Skelton Upton McCaul Posey Smith (NE) Brown-Waite, Gohmert Maloney Rush Slaughter Van Hollen McClintock Price (GA) Smith (NJ) Ginny Gonzalez Manzullo Ryan (OH) Smith (NE) Vela´ zquez McCotter Putnam Smith (TX) Ryan (WI) Smith (NJ) Buchanan Goodlatte Marchant Visclosky McHenry Radanovich Stearns Salazar Smith (TX) Burgess Gordon (TN) Markey (CO) Walden McKeon Rehberg Taylor Burton (IN) Granger Markey (MA) Sa´ nchez, Linda Smith (WA) Walz McMorris Reichert Terry Butterfield Graves (GA) Marshall T. Snyder Wasserman Rodgers Rogers (AL) Thompson (PA) Buyer Graves (MO) Matheson Sanchez, Loretta Space Schultz Mica Rogers (KY) Thornberry Calvert Grayson Matsui Sarbanes Speier Waters Miller (FL) Rogers (MI) Tiahrt Camp Green, Al McCarthy (CA) Scalise Spratt Miller (MI) Rohrabacher Tiberi Campbell Green, Gene McCarthy (NY) Schakowsky Stark Watson Miller, Gary Rooney Turner Cantor Griffith McCaul Schauer Stearns Watt Mitchell Ros-Lehtinen Upton Cao Grijalva McClintock Schiff Stupak Waxman Moran (KS) Roskam Walden Capito Guthrie McCollum Schmidt Sutton Weiner Murphy, Tim Royce Westmoreland Capps Gutierrez McCotter Schock Tanner Welch Myrick Ryan (WI) Whitfield Capuano Hall (NY) McDermott Schwartz Taylor Westmoreland Neugebauer Scalise Wilson (SC) Cardoza Hall (TX) McGovern Scott (GA) Teague Whitfield Nunes Schmidt Wittman Carnahan Halvorson McHenry Scott (VA) Terry Wilson (OH) Olson Schock Wolf Carney Hare McIntyre Sensenbrenner Thompson (CA) Wilson (SC) Paul Sensenbrenner Young (AK) Carson (IN) Harman McKeon Serrano Thompson (MS) Wittman Carter Harper McMahon Sessions Thompson (PA) Wolf NOT VOTING—16 Sestak Cassidy Hastings (FL) McMorris Thornberry Woolsey Shadegg Tiahrt Barrett (SC) Johnson (GA) Sullivan Castle Hastings (WA) Rodgers Yarmuth ´ Shea-Porter Tiberi Brown (SC) King (IA) Velazquez Castor (FL) Heinrich McNerney Young (AK) Capps Meek (FL) Wamp Chaffetz Heller Meeks (NY) Sherman Tierney Childers Moore (WI) Young (FL) Chandler Hensarling Melancon NOT VOTING—14 Hoekstra Pomeroy Chu Herger Mica Inglis Roe (TN) Clarke Herseth Sandlin Michaud Alexander Hoekstra Sullivan Miller (FL) Barrett (SC) Inglis Wamp ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Clay Higgins Cleaver Hill Miller (MI) Boucher Meek (FL) Wu The SPEAKER pro tempore (during Clyburn Himes Miller (NC) Brown (SC) Moore (WI) Young (FL) the vote). There are 2 minutes remain- Coble Hinchey Miller, Gary Childers Schrader ing in this vote. Coffman (CO) Hinojosa Miller, George ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Cohen Hirono Minnick The SPEAKER pro tempore (during 1209 Cole Hodes Mitchell b Conaway Holden Mollohan the vote). There are 2 minutes remain- So the resolution was agreed to. Connolly (VA) Holt Moore (KS) ing. The result of the vote was announced Conyers Honda Moran (KS) Cooper Hoyer Moran (VA) b 1218 as above recorded. Costa Hunter Murphy (CT) A motion to reconsider was laid on Costello Inslee Murphy (NY) So (two-thirds being in the affirma- the table. Courtney Israel Murphy, Patrick tive) the rules were suspended and the Crenshaw Issa Murphy, Tim resolution was agreed to. Stated for: Critz Jackson (IL) Myrick Mrs. CAPPS. Mr. Speaker, on rollcall No. Crowley Jackson Lee Nadler (NY) The result of the vote was announced 369, had I been present, I would have voted Cuellar (TX) Napolitano as above recorded. ‘‘aye.’’ Culberson Jenkins Neal (MA) A motion to reconsider was laid on Cummings Johnson (GA) Neugebauer the table. f Dahlkemper Johnson (IL) Nunes Davis (AL) Johnson, E. B. Nye f Davis (CA) Johnson, Sam Oberstar SUPPORTING GOALS AND IDEALS Davis (IL) Jones Obey MESSAGE FROM THE SENATE OF FLAG DAY Davis (KY) Jordan (OH) Olson A message from the Senate by Ms. Davis (TN) Kagen Olver The SPEAKER pro tempore. The un- DeFazio Kanjorski Ortiz Curtis, one of its clerks, announced finished business is the vote on the mo- DeGette Kaptur Owens that the Senate has passed a Joint Res- tion to suspend the rules and agree to Delahunt Kennedy Pallone olution of the following title in which the resolution (H. Res. 1429) celebrating DeLauro Kildee Pascrell Dent Kilpatrick (MI) Pastor (AZ) the concurrence of the House is re- the symbol of the United States flag Deutch Kilroy Paul quested: and supporting the goals and ideals of Diaz-Balart, L. Kind Paulsen S.J. Res. 32. Joint resolution recognizing Flag Day, on which the yeas and nays Diaz-Balart, M. King (IA) Payne the 60th anniversary of the outbreak of the Dicks King (NY) Pence were ordered. Dingell Kingston Perlmutter Korean War and reaffirming the United The Clerk read the title of the resolu- Djou Kirk Perriello States-Korea alliance. tion. Doggett Kirkpatrick (AZ) Peters f The SPEAKER pro tempore. The Donnelly (IN) Kissell Peterson Doyle Klein (FL) Petri SMALL BUSINESS JOBS AND question is on the motion offered by Dreier Kline (MN) Pingree (ME) CREDIT ACT OF 2010 the gentlewoman from California (Ms. Driehaus Kosmas Pitts WATSON) that the House suspend the Duncan Kratovil Platts The SPEAKER pro tempore. Pursu- Edwards (MD) Kucinich Poe (TX) ant to House Resolution 1436 and rule rules and agree to the resolution. Edwards (TX) Lamborn Polis (CO) This will be a 5-minute vote. Ehlers Lance Pomeroy XVIII, the Chair declares the House in The vote was taken by electronic de- Ellison Langevin Posey the Committee of the Whole House on vice, and there were—yeas 418, nays 0, Ellsworth Larsen (WA) Price (GA) the State of the Union for the further Emerson Larson (CT) Price (NC) consideration of the bill, H.R. 5297. not voting 14, as follows: Engel Latham Putnam [Roll No. 370] Eshoo LaTourette Quigley b 1218 Etheridge Latta Radanovich YEAS—418 Fallin Lee (CA) Rahall IN THE COMMITTEE OF THE WHOLE Ackerman Barrow Bishop (UT) Farr Lee (NY) Rangel Accordingly, the House resolved Aderholt Bartlett Blackburn Fattah Levin Rehberg Adler (NJ) Barton (TX) Blumenauer Filner Lewis (CA) Reichert itself into the Committee of the Whole Akin Bean Blunt Flake Lewis (GA) Reyes House on the State of the Union for the Altmire Becerra Boccieri Fleming Linder Richardson further consideration of the bill (H.R. Andrews Berkley Boehner Forbes Lipinski Rodriguez Arcuri Berman Bonner Fortenberry LoBiondo Roe (TN) 5297) to create the Small Business Austria Berry Bono Mack Foster Loebsack Rogers (AL) Lending Fund Program to direct the Baca Biggert Boozman Foxx Lofgren, Zoe Rogers (KY) Secretary of the Treasury to make cap- Bachmann Bilbray Boren Frank (MA) Lowey Rogers (MI) ital investments in eligible institu- Bachus Bilirakis Boswell Franks (AZ) Lucas Rohrabacher Baird Bishop (GA) Boustany Frelinghuysen Luetkemeyer Rooney tions in order to increase the avail- Baldwin Bishop (NY) Boyd Fudge Luja´ n Ros-Lehtinen ability of credit for small businesses,

VerDate Mar 15 2010 02:10 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\A17JN7.006 H17JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE June 17, 2010 CONGRESSIONAL RECORD — HOUSE H4611 and for other purposes, with Mr. ment of committed funds by a method to be from Oregon (Mr. SCHRADER) and a CUELLAR (Acting Chair) in the chair. developed by the Administrator. Member opposed each will control 5 The Clerk read the title of the bill. (2) MULTIPLE DISBURSEMENTS PERMITTED.— minutes. The Acting CHAIR. When the Com- A borrower enrolled in the Program may re- The Chair recognizes the gentleman mittee of the Whole rose on Wednes- quest multiple payments under paragraph from Oregon. (1), as long as the aggregate amount of such Mr. SCHRADER. I yield myself 5 day, June 16, 2010, amendment No. 17 payments does not exceed the amount com- printed in part C of House Report 111– mitted to such borrower under subsection minutes. 506 offered by the gentleman from (b). Mr. Chairman, this amendment basi- Texas (Mr. AL GREEN) had been dis- (d) TERMS.— cally authorizes funding in the estab- posed of. (1) PAYMENTS ONLY TO LENDER OR lishment of the Small Business Bor- Pursuant to House Resolution 1448, it SERVICER.—Payments made by the Adminis- rower Assistance Program to provide shall be in order to consider the trator under the Program shall only be made temporary assistance for a lot of the amendments printed in House Report to the lender or servicer of a qualifying struggling small businesses out in 111–508 as if such amendments had been small business loan to be applied against America. outstanding principal or interest, and may printed in part C of House Report 111– The Small Business Borrower Assist- not be made to the borrower. ance Program will provide these small 506. Each amendment may be offered (2) PROGRAM PARTICIPATION ONLY PER- only in the order printed in the report, MITTED DURING FIRST 2 YEARS.— businesses which take out 7(a) loans by a Member designated in the report, (A) IN GENERAL.—Payments made by the under $300,000 with a reserve fund they shall be considered read, shall be de- Administrator under the Program may only can use at their discretion to help pay batable for the time specified in the re- be made with respect to a payment of inter- principal and interest payments if they port, equally divided and controlled by est or principal due on a qualifying small should hit rough spots in their business the proponent and an opponent, shall business loan within the 2-year period fol- cycles. Eligible small business bor- lowing the date on which such loan is dis- rowers will automatically be enrolled not be subject to amendment, and shall bursed. not be subject to a demand for division in the program unless they request (B) UNEXPENDED COMMITTED FUNDS.— otherwise, so it is very easy and of the question. (i) IN GENERAL.—With respect to any funds unbureaucratic. AMENDMENT NO. 1 OFFERED BY MR. SCHRADER committed to a borrower enrolled in the Pro- Once a borrower has been enrolled, The Acting CHAIR. It is now in order gram that remain unexpended at the end of the Small Business Administration will to consider amendment No. 1 printed in the 2-year period described under subpara- place an amount equal to 6 percent of House Report 111–508. graph (A), such funds shall be paid to the lender or servicer of the borrower’s loan and the loan principal in reserve for the Mr. SCHRADER. Mr. Chairman, I applied to the principal of such loan. borrower. This means that a borrower have an amendment at the desk. (ii) EXCEPTION.—In any case in which the who obtains a $300,000 loan will have The Acting CHAIR. The Clerk will amount of committed funds that remain un- designate the amendment. $18,000 placed in reserve to help the expended is greater than the remaining prin- borrower pay principal or interest pay- The text of the amendment is as fol- cipal of a borrower’s loan, the amount of any lows: excess shall be returned to the Treasury. ments. These funds can be applied to Add at the end the following new title: (e) RULEMAKING.—Not later than 180 days both of those at the borrower’s discre- tion. ll— after the date of the enactment of this sec- TITLE SMALL BUSINESS BORROWER To be eligible for the program, a bor- ASSISTANCE PROGRAM tion, the Administrator shall issue regula- tions necessary to carry out this section. rower must obtain the qualifying loan SEC. ll1. SHORT TITLE. (f) CONTRACTING WITH AGENTS.—The Ad- within 1 year after the SBA issues final This title may be cited as the ‘‘Small Busi- ministrator may contract with one or more ness Assistance Fund Act of 2010’’. regulations. This is a temporary bill to entities as necessary to carry out the provi- help us through the recession. The SBA SEC. ll2. SMALL BUSINESS BORROWER ASSIST- sions of the Program. The Secretary of the ANCE PROGRAM. Treasury is authorized to designate financial must issue those final regulations (a) IN GENERAL.—The Administrator shall institutions, including any bank, savings as- within 180 days after the enactment of carry out a program to be called the ‘‘Small sociation, or trust company, as financial the program. That is to make sure that Business Borrower Assistance Program’’ to agents of the Federal government to carry the program itself is available in the provide payments of principal and interest out the authorities of this section, and such on qualifying small business loans. crunch times. institutions shall perform all such reason- (b) AUTOMATIC ENROLLMENT; COMMITMENT To prevent funds from being used for able duties related to the Program as finan- OF FUNDS.— purposes other than for paying down cial agents of the Federal government as the (1) IN GENERAL.—To the extent funds are the balances of small business loans, Secretary may require. In engaging any such available under the Program, each borrower disbursements will be made directly to third parties to carry out the Program, the that receives a qualifying small business Administrator or the Secretary shall seek to the lenders or to the loan servicers. Ad- loan after the date on which the Adminis- involve small businesses in the provision of ditionally, the Small Business Admin- trator issues regulations pursuant to sub- the core direct services required under the istration will have the authority to re- section (e) shall be automatically enrolled in engagement. move borrowers from the program who the Program, unless the borrower requests (g) DEFINITIONS.—For purposes of this sec- otherwise, and the Administrator shall com- commit fraud or material misrepresen- tion: mit an amount to each borrower equal to 6 tation. (1) ADMINISTRATOR.—The term ‘‘Adminis- percent of the principal disbursed amount of Mr. Chairman, this is just another trator’’ means the Administrator of the such borrower’s qualifying small business great tool in the toolbox for our small Small Business Administration. loan. businesses in order to help them get (2) PROGRAM.—The term ‘‘Program’’ means (2) ONE YEAR WINDOW FOR PARTICIPATING IN the Small Business Borrower Assistance Pro- back on their feet and to be the engines PROGRAM.—Notwithstanding paragraph (1), a gram established under subsection (a). of economic growth. borrower may only be enrolled in the Pro- (3) QUALIFYING SMALL BUSINESS LOAN.—The I reserve the balance of my time. gram if the borrower is approved for a quali- term ‘‘qualifying small business loan’’ means Mr. GRAVES of Missouri. Mr. Chair- fying small business loan before the end of any loan, up to $300,000, made to a small man, I rise in opposition to the amend- the 1-year period following the date on which business concern and guaranteed under sec- the Administrator issues final regulations ment. tion 7(a) of the Small Business Act (15 U.S.C. pursuant to subsection (e). The Acting CHAIR. The gentleman is 636(a)), other than a loan made pursuant to (3) TERMINATION OF PARTICIPATION IN CER- recognized for 5 minutes. section 7(a)(31) of such Act, a revolving cred- TAIN CIRCUMSTANCES.—In any instance in Mr. GRAVES of Missouri. Mr. Chair- it line, or any other revolving loan. which the Administrator determines that a man, I rise in opposition to the amend- (4) SMALL BUSINESS CONCERN.—The term borrower participating in the Program has ment offered by the gentleman from ‘‘small business concern’’ has the meaning committed fraud or made a material mis- given such term under section 3 of the Small Oregon. representation related to such participation, Business Act (15 U.S.C. 632). Small business owners are going to the Administrator may terminate such bor- (h) AUTHORIZATION OF APPROPRIATIONS.— be enrolled automatically in a program rower’s participation in the Program and There is hereby authorized to be appro- that sets aside 6 percent of the value of ban such borrower from any future participa- priated to the Administrator $300,000,000 to tion in the Program. an SBA guaranteed loan to pay off that carry out this section. (c) DISBURSEMENT OF FUNDS.— loan, as it was previously described. (1) IN GENERAL.—A borrower enrolled in the The Acting CHAIR. Pursuant to While I appreciate very much the gen- Program may submit a request for the pay- House Resolution 1448, the gentleman tleman’s effort to reduce the financial

VerDate Mar 15 2010 00:45 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JN7.023 H17JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE H4612 CONGRESSIONAL RECORD — HOUSE June 17, 2010 burden on small business owners, there quarter, which is near the record low. b 1230 are a number of problems with this When fewer small businesses take out AMENDMENT NO. 2 OFFERED BY MR. MILLER OF program. loans, there is less employment and NORTH CAROLINA First, it forces business owners to opt more abandoned storefronts. By giving The Acting CHAIR. It is now in order out of a federally mandatory set-aside firms access to a financial backstop, to consider amendment No. 2 printed in of funds. This is going to reduce the the Schrader amendment will give House Report 111–508. amount of capital available because them the confidence to turn this Mr. MILLER of North Carolina. I disbursements of those set-aside funds around. have an amendment at the desk made will be made to a bank or to a loan With this in mind, it is no surprise in order under the rule. servicer instead of to small businesses. that, when small firms are not active The Acting CHAIR. The Clerk will Second, by requiring an opt-out, it in the capital markets, we lose jobs. designate the amendment. suggests that a Federal agency, the This is exactly what happened between The text of the amendment is as fol- SBA, is better at managing the small 2007 and 2009 when self-employment de- lows: business rather than its owner—a con- clined by 7.5 percent. If we do not want Page 6, after line 9, insert the following clusion that I, obviously, strongly dis- to repeat this, we must embrace the new clause: pute. small business-focused policies con- (v) CONSTRUCTION, LAND DEVELOPMENT, AND OTHER LAND LOANS.— Third, loans under the 7(a) loan pro- tained in the Schrader amendment. (I) IN GENERAL.—Loans secured by real es- gram are just that. Mr. Chairman, they I ask my colleagues to support Mr. tate— are loans. It seems rather absurd to SCHRADER’s amendment. (aa) that are made to finance— have the SBA automatically set aside Mr. GRAVES of Missouri. I would (AA) land development that is preparatory funds in order to pay off loans it has like to reiterate that this is just a to erecting new structures, including im- just approved. giveaway. That is all it is. If we want proving land, laying sewers, and laying Fourth, the size of loans in the pro- to help small businesses, then let’s re- water pipes; or gram are limited to those businesses instate bonus depreciation. Let’s short- (BB) the on-site construction of industrial, with loans of less than $300,000. en appreciation to buy new equipment commercial, residential, or farm buildings; I wonder: Why are these businesses (bb) that is vacant land, except land known and to add more jobs. to be used or usable for agricultural pur- favored over small business owners who The bottom line is let the govern- poses, such as crop and livestock production; may need slightly larger amounts of ment get out of the way. Increasing (cc) the proceeds of which are to be used to capital? By making the program avail- their taxes at a time when the deficit acquire and improve developed or undevel- able for loans of less than $300,000, I is running at a record high and when oped property; or guess it suggests that small business the administration continues to rack (dd) that are made under title I or title X owners at that level are less credit up more debt is not the way to help of the National Housing Act. worthy and are incapable of managing small businesses. Again, I oppose the (II) CONSTRUCTION INDUSTRY REQUIRE- their finances as opposed to businesses MENT.—Subclause (I) shall only apply to amendment. loans that are extended to small business requiring a little bit larger loans. Mr. Chairman, I have no further re- concerns in the construction industry, as All of these points, Mr. Chairman, quests for time, and I yield back the such term is defined by the Secretary in con- are points that I am making. I strongly balance of my time. sultation with the Administrator of the dispute the reason for this program. Mr. SCHRADER. I appreciate the Small Business Administration. For that reason, I oppose the gentle- concerns of the gentleman from Mis- (III) CONSTRUCTION DEFINED.—For purposes man’s amendment. Again, I appreciate souri. I do take issue with them, obvi- of this clause, the term ‘‘construction’’ in- very much his efforts and what he is ously. cludes the construction of new structures, trying to do, but I can’t agree with this Mr. Chairman, to prevent fraud and additions or alterations to existing struc- tures, and the demolition of existing struc- at all. abuse—and unfortunately, that does tures to make way for new structures. I reserve the balance of my time. happen in tough economic times—these The Acting CHAIR. Pursuant to Mr. SCHRADER. I yield 2 minutes to payments are made to the lenders to House Resolution 1448, the gentleman the chairwoman of the Small Business make sure they go back to where they from North Carolina (Mr. MILLER) and Committee, the gentlewoman from are supposed to be, as the taxpayers a Member opposed each will control 5 New York (Ms. VELA´ ZQUEZ). have authorized under this amendment minutes. Ms. VELA´ ZQUEZ. I thank the gen- and this bill. The 7(a) program is the The Chair recognizes the gentleman tleman for yielding. most popular program out there. It is from North Carolina. Mr. Chairman, my colleagues, we something banks are familiar with, and Mr. MILLER of North Carolina. Mr. have spent much of this debate dis- it is the small, struggling businesses Chairman, I yield myself such time as cussing ways to help the banks, but that are likely to take loans out for I may consume. now it is time that we talk about help- under $300,000 that are most in need. Mr. Chairman, this bill is the right ing small businesses directly. So this program is targeted, tem- idea. We will not have a strong recov- The Schrader amendment does this porary, and timely. Small business ery until small businesses can again by providing entrepreneurs with incen- lending in my State is half of what it get ordinary loans to expand and hire tives to expand their businesses. It was 2 years ago. We need every tool in new workers. But this bill leaves out does so by giving business owners max- the toolbox to encourage the lenders an important industry. In past reces- imum flexibility because they know who have shown extreme reticence to sions, the first industry to suffer from best how to purchase equipment or to lend to small businesses that this coun- the recession and the first industry to hire workers when they need to do so. try is willing to back them up and to come out of it was residential con- If we have this tool now, during the help these small businesses pay their struction, home building. There’s a early stages of the recovery, it will loans if they need to during tough reason that housing starts and building allow manufacturers to purchase the stretches and tough times. permits are leading economic indica- new machine tools they need, and it I think if you’re in favor of small tors. will allow retailers to hire a few more business and of lending and if you want Home building will not lead us out of salesmen. to make sure that they have access and this recession, no matter what we do. As they have created two-thirds of that the program that we are estab- Too much of the foolishness that led to the net new jobs over the past 10 years, lishing with $30 billion really goes to the financial crisis was connected to it is absolutely critical to get small small business, you will want to vote housing. There are some markets that businesses off the sidelines. Unfortu- ‘‘yes,’’ in favor of this amendment. are hopelessly overbuilt. The inventory nately, the Senior I urge a ‘‘yes’’ vote, and I yield back of new housing is at a 42-year low, but Loan Officer survey continues to report the balance of my time. in many markets there is a substantial that loan demand among small firms The Acting CHAIR. The question is overhang of existing houses and a shad- has decreased. The most recent NFIB on the amendment offered by the gen- ow inventory of homes destined for report also confirms this. Only 32 per- tleman from Oregon (Mr. SCHRADER). foreclosure. But there are many mar- cent of small businesses borrowed last The amendment was agreed to. kets where there is a real demand for

VerDate Mar 15 2010 00:45 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JN7.024 H17JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE June 17, 2010 CONGRESSIONAL RECORD — HOUSE H4613 new housing, and we won’t have much tutions. And as I talk to many banker tion has forced the industry to shrink, of a recovery if we don’t bring residen- friends of mine and also the small busi- cutting back on jobs and projects to tial construction along. nesses, basically what’s really holding save money. This downsizing has only Home building has been 16 percent of back the country is sales. made our economic troubles worse. our GDP. We can’t tell 16 percent of The American people are cutting We must create an opportunity for our GDP just to hang out until we get back; they’re balancing their budgets, jobs. In order to have a complete recov- things figured out. but, unfortunately, the Federal Gov- ery, every aspect of our housing mar- Because of foolish real estate lending ernment is not balancing its budget. In ket needs to be supported, and that in- a few years ago, many community fact, we’re going to have a $1.6 trillion cludes construction. banks were under great pressure from deficit this year. We just went over $13 The construction industry has been a banking regulators to scale back on all trillion in debt in this country. We’re consistent source of jobs for the Amer- real estate lending, including sensible approaching a time in this country, ican people, and especially for the projects where there is a market for and God forbid, where our GDP and our Latino community and many others. In new housing. Community banks are national debt will be the same number. 2006, employment in the construction even calling in performing acquisition So I appreciate what my colleagues sector was at 7.7 million. In just 2 development and construction loans. are trying to do, but I believe if you years, the number has dropped to 5.6 We’ve gone from indiscriminate lend- really want to help small businesses, million. The drop has been felt hardest ing to an indiscriminate refusal to lend bring some certainty to the economy. in States like Nevada, Florida, and my home State of California, where the that is killing jobs. Right now, many businesses are uncer- housing crisis has forced the construc- We’ve lost 3 million jobs in home tain about what this body might do to tion industry to come to a standstill. construction and related industries in them next. They’ve imposed massive In fact, we are now seeing Latino un- the last 5 years. The jobs we lost are increases in the cost through their employment over 30 percent in the jobs for the working man—carpenters, health insurance, uncertainty about State of California, and then in my dis- plumbers, electricians, masons, paint- what the cost of utilities are going to trict, 17 percent overall for everyone. ers, landscapers, roofers, and on and be in the future with cap-and-trade. In the committee’s testimony, the on. We’ve got to put those Americans So this overall uncertainty is cre- National Association of Home Builders back to work. In the words of Alan ating a lot of angst in the marketplace, stated that the bill will do little to Jackson, There’s nothing wrong with a and I think it’s affecting the American produce jobs and free up credit for hard hat and a hammer, the kind of consumers. Certainly, the people that builders. If our goal is to pass legisla- glue that sticks this world together. affect American small businesses the tion that will work to create jobs, we Our amendment adds construction most are the American consumers—the must target our resources where they and land development loans to the people that are going to buy houses, are most needed. loans that qualify as small business going to buy cars, going to buy tele- This amendment will address these lending under the SBLF program so we visions. concerns that include housing produc- can put the working man back to work. And so while I understand where the tion loans to our Nation’s home build- God bless the working man and woman. gentleman is coming from and support ers, who are comprised primarily of I reserve the balance of my time. his intent to make sure this program is small businesses. Our housing collapse Mr. NEUGEBAUER. Mr. Chair, I all-inclusive, I do not support the un- led our country into this economic cri- claim time in opposition, although I’m derlying bill. Again, when we say that sis, and creating incentives to allow not opposed to the amendment. this is really not going to put the tax- the housing market to thrive will help The Acting CHAIR. Without objec- payers at risk, I remind my colleagues bring us out of this recession. tion, the gentleman from Texas is rec- that, in fact, 91 banks that received Again, I thank Mr. MILLER for his ognized for 5 minutes. TARP money—and, by the way, this is hard work on this amendment. I urge There was no objection. another TARP program; this is TARP, my colleagues to support this amend- Mr. NEUGEBAUER. Mr. Chairman, I Junior, TARP II—that another 91 ment. appreciate what the gentleman’s banks missed their dividend payment Mr. NEUGEBAUER. Mr. Chair, I have amendment is trying to do. I think the in May. And so what does that say? no further requests for time, and I intent, if this bill goes forward, is that That the Treasury’s ability to pay out yield back the balance of my time. all small businesses would be eligible this money to banks that are not in Mr. MILLER of North Carolina. Mr. under this program. But I think the trouble is somewhat questioned be- Chair, I yield back the balance of my gentleman is trying to accentuate the cause, in fact, when 91 banks miss their time. The Acting CHAIR. The question is fact that land developers and home dividend payment, evidently there’s on the amendment offered by the gen- builders in America are also small not something going well in that bank. tleman from North Carolina (Mr. MIL- businesses and should be able to par- Many people voted against TARP I. I ticipate under this program. LER). believe a number of people are going to The question was taken; and the As a former developer and builder vote against TARP II, because that’s Chair announced that the ayes ap- myself, I’m sympathetic to the difficul- not the right prescription to get our peared to have it. ties many of these in the construction country going again. Mr. MILLER of North Carolina. Mr. and housing business face. I think we With that, I reserve the balance of Chair, I demand a recorded vote. have to be careful here not to send a my time. The Acting CHAIR. Pursuant to signal that would encourage an over- Mr. MILLER of North Carolina. Mr. clause 6 of rule XVIII, further pro- supply in the marketplace and further Chairman, I yield such time as he may ceedings on the amendment offered by hurt the industry and job creation. consume to the gentleman from Cali- the gentleman from North Carolina Also, I would have to remind my col- fornia (Mr. BACA). will be postponed. leagues, though, something that we Mr. BACA. I rise in support of this ANNOUNCEMENT BY THE ACTING CHAIR talked about yesterday, is that this is amendment and thank Mr. MILLER for The Acting CHAIR. Pursuant to a $30 billion lending fund. The United this amendment, which will open the clause 6 of rule XVIII, proceedings will States Treasury does not have $30 bil- programs that include housing produc- now resume on those amendments lion, and that’s the reason they have tion loans to home builders, which are printed in part C of House Report 111– these auctions every week. And we’re primarily small businesses. 506 and in House Report 111–508 on going to have to go borrow another $30 As we continue to see some positive which further proceedings were post- billion, which is going to increase the signs in the economy, our housing mar- poned, in the following order: national debt by another $30 billion. ket and construction industry show Amendment No. 1 in part C of House I have the same concerns about the signs of distress. Moreover, the in- Report 111–506 by Mr. ISRAEL of New bill that we had yesterday. We’re not crease in foreclosures has created a York; sure that this is the right prescription perception of overstocked inventory in Amendment No. 12 in part C of House for small businesses. We’ve seen record the housing market. However, this is Report 111–506 by Mr. CAO of ; liquidity in many of the financial insti- not true everywhere. But the percep- and

VerDate Mar 15 2010 00:45 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JN7.028 H17JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE H4614 CONGRESSIONAL RECORD — HOUSE June 17, 2010 Amendment No. 2 in House Report Jackson (IL) Melancon Sarbanes vote on the amendment printed in part Jackson Lee Mica Scalise 111–508 by Mr. MILLER of North Caro- C of House Report 111–506 offered by (TX) Michaud Schakowsky lina. Jenkins Miller (FL) Schauer the gentleman from Louisiana (Mr. The Chair will reduce to 5 minutes Johnson (GA) Miller (MI) Schiff CAO) on which further proceedings were the time for any electronic vote after Johnson (IL) Miller (NC) Schmidt postponed and on which the ayes pre- Johnson, E. B. Miller, Gary the first vote in this series. Schock vailed by voice vote. Johnson, Sam Miller, George Schrader AMENDMENT NO. 1 OFFERED BY MR. ISRAEL Jones Minnick Schwartz The Clerk will redesignate the Jordan (OH) Mitchell Scott (GA) amendment. The Acting CHAIR. The unfinished Kagen Mollohan Scott (VA) business is the demand for a recorded Kanjorski Moore (KS) The Clerk redesignated the amend- Sensenbrenner Kaptur Moran (KS) ment. vote on the amendment printed in part Serrano Kennedy Moran (VA) Sessions RECORDED VOTE C of House Report 111–506 offered by Kildee Murphy (CT) the gentleman from New York (Mr. Kilpatrick (MI) Murphy (NY) Sestak The Acting CHAIR. A recorded vote ISRAEL) on which further proceedings Kilroy Murphy, Patrick Shadegg has been demanded. Shea-Porter were postponed and on which the ayes Kind Murphy, Tim King (IA) Myrick Sherman A recorded vote was ordered. prevailed by voice vote. King (NY) Nadler (NY) Shimkus The Acting CHAIR. This is a 5- The Clerk will redesignate the Kingston Napolitano Shuler minute vote. amendment. Kirk Neal (MA) Shuster The vote was taken by electronic de- Kirkpatrick (AZ) Neugebauer Simpson The Clerk redesignated the amend- Kissell Norton Sires vice, and there were—ayes 414, noes 0, ment. Klein (FL) Nunes Skelton answered ‘‘present’’ 1, not voting 23, as RECORDED VOTE Kline (MN) Nye Slaughter follows: Kosmas Oberstar Smith (NE) The Acting CHAIR. A recorded vote Kratovil Olver Smith (NJ) [Roll No. 372] has been demanded. Kucinich Ortiz Smith (TX) AYES—414 Lamborn Owens Smith (WA) A recorded vote was ordered. Ackerman Christensen Garrett (NJ) Lance Pallone Snyder The vote was taken by electronic de- Langevin Pascrell Aderholt Chu Gerlach Space Adler (NJ) Clarke Giffords vice, and there were—ayes 420, noes 0, Larsen (WA) Pastor (AZ) Speier Larson (CT) Paul Akin Clay Gingrey (GA) not voting 18, as follows: Spratt Alexander Cleaver Gonzalez Latham Paulsen Stark [Roll No. 371] LaTourette Pence Altmire Clyburn Goodlatte Stearns Latta Perlmutter Andrews Coble Gordon (TN) AYES—420 Stupak Lee (CA) Perriello Arcuri Coffman (CO) Granger Sutton Ackerman Carson (IN) Faleomavaega Lee (NY) Peters Austria Cohen Graves (GA) Aderholt Carter Fallin Levin Peterson Tanner Baca Cole Graves (MO) Adler (NJ) Cassidy Farr Lewis (CA) Petri Taylor Bachmann Conaway Grayson Akin Castle Fattah Lewis (GA) Pierluisi Teague Bachus Connolly (VA) Green, Al Alexander Castor (FL) Filner Linder Pingree (ME) Terry Baird Conyers Green, Gene Altmire Chaffetz Flake Lipinski Pitts Thompson (CA) Baldwin Cooper Grijalva Andrews Chandler Fleming LoBiondo Platts Thompson (MS) Barrow Costa Guthrie Arcuri Christensen Forbes Loebsack Poe (TX) Thompson (PA) Bartlett Costello Gutierrez Austria Chu Fortenberry Lofgren, Zoe Polis (CO) Thornberry Barton (TX) Courtney Hall (NY) Baca Clarke Foster Lowey Pomeroy Tiahrt Bean Crenshaw Hall (TX) Bachmann Clay Foxx Lucas Posey Tiberi Becerra Critz Halvorson Bachus Cleaver Frank (MA) Luetkemeyer Price (GA) Tierney Berkley Crowley Hare Baird Clyburn Franks (AZ) Luja´ n Price (NC) Titus Berman Cuellar Harman Baldwin Coble Frelinghuysen Lummis Putnam Tonko Berry Culberson Harper Barrow Coffman (CO) Fudge Biggert Dahlkemper Hastings (FL) Lungren, Daniel Quigley Towns Bartlett Cohen Gallegly Bilbray Davis (AL) Hastings (WA) E. Radanovich Tsongas Bean Cole Garamendi Bilirakis Davis (CA) Heinrich Lynch Rahall Turner Becerra Conaway Garrett (NJ) Bishop (NY) Davis (IL) Heller Mack Rangel Upton Berkley Connolly (VA) Gerlach Maffei Rehberg Bishop (UT) Davis (KY) Hensarling Berman Conyers Giffords Van Hollen Blackburn Davis (TN) Herger Maloney Reichert ´ Berry Cooper Gingrey (GA) Velazquez Blumenauer DeFazio Herseth Sandlin Manzullo Reyes Visclosky Biggert Costa Gohmert Marchant Richardson Blunt DeGette Higgins Walden Bilbray Costello Gonzalez Markey (CO) Rodriguez Bonner Delahunt Hill Walz Bilirakis Courtney Goodlatte Markey (MA) Roe (TN) Bono Mack DeLauro Himes Wasserman Bishop (GA) Crenshaw Gordon (TN) Marshall Rogers (AL) Boozman Dent Hinchey Schultz Bishop (NY) Critz Granger Matheson Rogers (KY) Bordallo Deutch Hinojosa Waters Bishop (UT) Crowley Graves (GA) Matsui Rogers (MI) Boren Diaz-Balart, L. Hirono Blackburn Cuellar Graves (MO) McCarthy (CA) Rohrabacher Watson Boswell Diaz-Balart, M. Hodes Blumenauer Culberson Grayson McCarthy (NY) Rooney Watt Boucher Dicks Holden Blunt Cummings Green, Al McCaul Roskam Waxman Boustany Dingell Holt Boccieri Dahlkemper Green, Gene McClintock Ross Weiner Boyd Djou Honda Bonner Davis (AL) Grijalva McCollum Rothman (NJ) Welch Brady (PA) Doggett Hoyer Bono Mack Davis (CA) Guthrie McCotter Roybal-Allard Westmoreland Brady (TX) Donnelly (IN) Hunter Boozman Davis (IL) Gutierrez McDermott Royce Whitfield Braley (IA) Doyle Inslee Bordallo Davis (KY) Hall (NY) McGovern Ruppersberger Wilson (OH) Bright Dreier Israel Boren Davis (TN) Hall (TX) McHenry Rush Wilson (SC) Broun (GA) Driehaus Issa Boswell DeFazio Halvorson McIntyre Ryan (OH) Wittman Brown, Corrine Duncan Jackson (IL) Boucher DeGette Hare McKeon Ryan (WI) Wolf Brown-Waite, Edwards (MD) Jackson Lee Boustany Delahunt Harman McMahon Sablan Woolsey Ginny Edwards (TX) (TX) Boyd DeLauro Harper McMorris Salazar Wu Buchanan Ehlers Jenkins Brady (PA) Dent Hastings (FL) Rodgers Sa´ nchez, Linda Yarmuth Burgess Ellison Johnson (GA) Brady (TX) Deutch Hastings (WA) McNerney T. Young (AK) Burton (IN) Ellsworth Johnson (IL) Braley (IA) Diaz-Balart, L. Heinrich Meeks (NY) Sanchez, Loretta Young (FL) Butterfield Emerson Johnson, E. B. Bright Diaz-Balart, M. Heller Buyer Engel Johnson, Sam Broun (GA) Dicks Hensarling NOT VOTING—18 Calvert Eshoo Jones Brown, Corrine Dingell Herger Barrett (SC) Childers Obey Camp Etheridge Jordan (OH) Brown-Waite, Djou Herseth Sandlin Barton (TX) Griffith Olson Campbell Faleomavaega Kagen Ginny Doggett Higgins Boehner Hoekstra Payne Cantor Fallin Kanjorski Buchanan Donnelly (IN) Hill Brown (SC) Inglis Ros-Lehtinen Cao Farr Kaptur Burton (IN) Doyle Himes Burgess Meek (FL) Sullivan Capito Fattah Kennedy Butterfield Dreier Hinchey Buyer Moore (WI) Wamp Capps Filner Kildee Calvert Driehaus Hinojosa Capuano Flake Kilpatrick (MI) Camp Duncan Hirono Cardoza Fleming Kilroy Campbell Edwards (MD) Hodes b 1307 Carnahan Forbes Kind Cantor Edwards (TX) Holden So the amendment was agreed to. Carney Foster King (IA) Cao Ehlers Holt Carson (IN) Foxx King (NY) Capito Ellison Honda The result of the vote was announced Carter Frank (MA) Kingston Capps Ellsworth Hoyer as above recorded. Cassidy Franks (AZ) Kirk Capuano Emerson Hunter AMENDMENT NO. 12 OFFERED BY MR. CAO Castle Frelinghuysen Kirkpatrick (AZ) Cardoza Engel Inslee Castor (FL) Fudge Kissell Carnahan Eshoo Israel The Acting CHAIR. The unfinished Chaffetz Gallegly Klein (FL) Carney Etheridge Issa business is the demand for a recorded Chandler Garamendi Kline (MN)

VerDate Mar 15 2010 00:45 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JN7.030 H17JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE June 17, 2010 CONGRESSIONAL RECORD — HOUSE H4615 Kosmas Nadler (NY) Schock Ms. ROS-LEHTINEN. Mr. Chair, on rollcall Johnson (GA) Miller (MI) Sanchez, Loretta Kratovil Napolitano Schrader Johnson (IL) Miller (NC) Sarbanes Kucinich Neal (MA) Schwartz No. 372, I was unavoidably detained. Had I Johnson, E. B. Miller, Gary Scalise Lamborn Neugebauer Scott (GA) been present, I would have voted ‘‘yes.’’ Johnson, Sam Miller, George Schakowsky Lance Norton Scott (VA) AMENDMENT NO. 2 OFFERED BY MR. MILLER OF Jones Minnick Schauer Langevin Nunes Sensenbrenner Jordan (OH) Mitchell Schiff NORTH CAROLINA Larsen (WA) Nye Serrano Kagen Mollohan Schmidt Larson (CT) Oberstar Sessions The Acting CHAIR. The unfinished Kanjorski Moore (KS) Schock Latta Obey Sestak business is the demand for a recorded Kaptur Moran (KS) Schrader Lee (CA) Olson Shadegg Kennedy Moran (VA) Schwartz Lee (NY) Olver Shea-Porter vote on the amendment printed in Kildee Murphy (CT) Scott (GA) Levin Ortiz Sherman House Report 111–508 offered by the Kilpatrick (MI) Murphy (NY) Scott (VA) Lewis (CA) Owens Shimkus gentleman from North Carolina (Mr. Kilroy Murphy, Patrick Sensenbrenner Lewis (GA) Pallone Shuler MILLER) on which further proceedings Kind Murphy, Tim Serrano Linder Pastor (AZ) Shuster King (IA) Myrick Sessions Lipinski Paul Simpson were postponed and on which the ayes King (NY) Nadler (NY) Sestak LoBiondo Paulsen Sires prevailed by voice vote. Kingston Napolitano Shadegg Loebsack Payne Skelton The Clerk will redesignate the Kirk Neal (MA) Shea-Porter Lofgren, Zoe Pence Slaughter Kirkpatrick (AZ) Neugebauer Sherman Lowey Perlmutter Smith (NE) amendment. Kissell Norton Shimkus Lucas Perriello Smith (NJ) The Clerk redesignated the amend- Klein (FL) Nunes Shuler Luetkemeyer Peters Smith (TX) ment. Kline (MN) Nye Shuster Luja´ n Peterson Smith (WA) Kosmas Oberstar Simpson Lummis Petri Snyder RECORDED VOTE Kratovil Obey Sires Lungren, Daniel Pierluisi Space The Acting CHAIR. A recorded vote Kucinich Olson Skelton E. Pingree (ME) Speier has been demanded. Lamborn Olver Slaughter Lynch Pitts Spratt Lance Ortiz Smith (NE) Mack Platts Stearns A recorded vote was ordered. Langevin Owens Smith (NJ) Maffei Poe (TX) Stupak The Acting CHAIR. This will be a 5- Larsen (WA) Pallone Smith (TX) Maloney Polis (CO) Sullivan minute vote. Larson (CT) Pascrell Smith (WA) Manzullo Pomeroy Sutton Latham Pastor (AZ) Snyder Marchant Posey Tanner The vote was taken by electronic de- LaTourette Paul Space Markey (CO) Price (GA) Taylor vice, and there were—ayes 418, noes 3, Latta Paulsen Speier Markey (MA) Price (NC) Teague not voting 17, as follows: Lee (CA) Payne Spratt Matheson Putnam Terry Lee (NY) Pence Stark Matsui Quigley Thompson (CA) [Roll No. 373] Levin Perlmutter Stearns McCarthy (CA) Radanovich Thompson (MS) AYES—418 Lewis (CA) Perriello Stupak McCarthy (NY) Rahall Thompson (PA) Lewis (GA) Peters Sullivan McCaul Rangel Thornberry Ackerman Carson (IN) Farr Lipinski Peterson Sutton McClintock Rehberg Tiahrt Aderholt Carter Fattah LoBiondo Petri Tanner McCollum Reichert Tiberi Adler (NJ) Cassidy Filner Loebsack Pierluisi Taylor McCotter Reyes Tierney Akin Castle Fleming Lofgren, Zoe Pingree (ME) Teague McDermott Richardson Titus Alexander Chaffetz Forbes Lowey Pitts Terry McGovern Rodriguez Tonko Altmire Chandler Fortenberry Lucas Platts Thompson (CA) McHenry Roe (TN) Towns Andrews Christensen Foster Luetkemeyer Poe (TX) Thompson (MS) McIntyre Rogers (AL) Tsongas Arcuri Chu Foxx Luja´ n Polis (CO) Thompson (PA) McKeon Rogers (KY) Turner Austria Clarke Frank (MA) Lummis Pomeroy Thornberry McMahon Rogers (MI) Upton Baca Clay Franks (AZ) Lungren, Daniel Posey Tiahrt McMorris Rohrabacher Van Hollen Bachmann Clyburn Frelinghuysen E. Price (GA) Tiberi Rodgers Rooney Vela´ zquez Bachus Coble Fudge Lynch Price (NC) Tierney McNerney Roskam Visclosky Baird Coffman (CO) Gallegly Mack Putnam Titus Meeks (NY) Ross Walden Baldwin Cohen Garamendi Maffei Quigley Tonko Melancon Rothman (NJ) Walz Barrow Cole Garrett (NJ) Maloney Radanovich Towns Mica Roybal-Allard Wasserman Bartlett Conaway Gerlach Manzullo Rahall Tsongas Michaud Royce Schultz Barton (TX) Connolly (VA) Giffords Marchant Rangel Turner Miller (FL) Ruppersberger Waters Bean Conyers Gingrey (GA) Markey (CO) Rehberg Upton Miller (MI) Rush Watson Becerra Cooper Gohmert Markey (MA) Reichert Van Hollen Miller (NC) Ryan (OH) Watt Berkley Costa Gonzalez Marshall Reyes Vela´ zquez Miller, George Ryan (WI) Waxman Berman Costello Goodlatte Matheson Richardson Visclosky Minnick Sablan Weiner Berry Courtney Gordon (TN) Matsui Rodriguez Walden Mitchell Salazar Welch Biggert Crenshaw Granger McCarthy (CA) Roe (TN) Walz Mollohan Sa´ nchez, Linda Westmoreland Bilbray Critz Graves (GA) McCarthy (NY) Rogers (AL) Wasserman Moore (KS) T. Whitfield Bilirakis Crowley Graves (MO) McCaul Rogers (KY) Schultz Moran (KS) Sanchez, Loretta Wilson (OH) Bishop (GA) Cuellar Grayson McCollum Rogers (MI) Watson Moran (VA) Sarbanes Wilson (SC) Bishop (NY) Culberson Green, Al McCotter Rohrabacher Watt Murphy (CT) Scalise Wittman Bishop (UT) Cummings Green, Gene McDermott Rooney Waxman Murphy (NY) Schakowsky Wolf Blackburn Dahlkemper Grijalva McGovern Ros-Lehtinen Weiner Murphy, Patrick Schauer Yarmuth Blumenauer Davis (AL) Guthrie McHenry Roskam Welch Murphy, Tim Schiff Young (AK) Blunt Davis (CA) Hall (NY) McIntyre Ross Westmoreland Myrick Schmidt Young (FL) Boccieri Davis (IL) Hall (TX) McKeon Rothman (NJ) Whitfield Bonner Davis (KY) Halvorson McMahon Roybal-Allard Wilson (OH) ANSWERED ‘‘PRESENT’’—1 Bono Mack Davis (TN) Hare McMorris Royce Wilson (SC) Miller, Gary Boozman DeFazio Harman Rodgers Ruppersberger Wittman Bordallo DeGette Harper McNerney Rush Wolf NOT VOTING—23 Boren Delahunt Hastings (FL) Meeks (NY) Ryan (OH) Woolsey Barrett (SC) Gohmert Moore (WI) Boswell DeLauro Hastings (WA) Melancon Ryan (WI) Wu Boucher Dent Heinrich Bishop (GA) Griffith Pascrell Mica Salazar Yarmuth Boustany Deutch Heller Boccieri Hoekstra Ros-Lehtinen Michaud Sa´ nchez, Linda Young (AK) Boehner Inglis Boyd Diaz-Balart, L. Hensarling Miller (FL) T. Young (FL) Stark Brady (PA) Diaz-Balart, M. Herger Brown (SC) Latham Wamp Childers LaTourette Brady (TX) Dicks Herseth Sandlin NOES—3 Woolsey Braley (IA) Dingell Higgins Cummings Marshall Wu Campbell Flake McClintock Fortenberry Meek (FL) Bright Djou Hill Broun (GA) Doggett Himes NOT VOTING—17 ANNOUNCEMENT BY THE ACTING CHAIR Brown, Corrine Donnelly (IN) Hinchey Barrett (SC) Childers Linder Buchanan Doyle Hinojosa The Acting CHAIR (during the vote). Boehner Cleaver Meek (FL) Burgess Dreier Hirono Brown (SC) Griffith Moore (WI) Members are advised there are 2 min- Burton (IN) Driehaus Hodes Brown-Waite, Gutierrez Sablan utes remaining in this vote. Butterfield Duncan Holden Ginny Hoekstra Wamp Buyer Edwards (MD) Holt Castor (FL) Inglis Waters b 1314 Calvert Edwards (TX) Honda So the amendment was agreed to. Camp Ehlers Hoyer Cantor Ellison Hunter b 1323 The result of the vote was announced Cao Ellsworth Inslee as above recorded. Capito Emerson Israel Mr. BACHUS changed his vote from Stated for: Capps Engel Issa ‘‘no’’ to ‘‘aye.’’ Mr. BOCCIERI. Mr. Chair, on rollcall No. Capuano Eshoo Jackson (IL) So the amendment was agreed to. Cardoza Etheridge Jackson Lee 372, the Jackson Lee/Cao amendment, had I Carnahan Faleomavaega (TX) The result of the vote was announced been present, I would have voted ‘‘yes.’’ Carney Fallin Jenkins as above recorded.

VerDate Mar 15 2010 00:49 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\A17JN7.012 H17JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE H4616 CONGRESSIONAL RECORD — HOUSE June 17, 2010 PERSONAL EXPLANATION (1) by striking ‘‘section 101, and’’ and in- ply because the word ‘‘TARP’’ is part serting ‘‘section 101,’’; and of its title? Mr. GRIFFITH. Mr. Chair, on rollcall Nos. (2) by inserting before ‘‘including’’ the fol- 371, 372, and 373, I was unavoidably de- The taxpayers deserve to be pro- lowing: ‘‘and activities under section 4, 5, or tected when Treasury makes invest- tained. Had I been present, I would have 6 of the Small Business Lending Fund Act of voted ‘‘yes.’’ 2010,’’. ments with their money. Unfortu- nately, we have some examples of The Acting CHAIR. The question is Mr. NEUGEBAUER (during the read- TARP investments that have raised se- on the amendment in the nature of a ing). Mr. Speaker, I ask unanimous rious questions about how the invest- substitute, as amended. consent that the reading of the motion The amendment was agreed to. ment decisions were made. be dispensed with. When One United bank received The Acting CHAIR. Under the rule, The SPEAKER pro tempore. Is there TARP funds in 2008, questions came up the Committee rises. objection to the request of the gen- about whether the bank’s political con- Accordingly, the Committee rose; tleman from Texas? and the Speaker pro tempore (Mr. There was no objection. nections helped with its TARP ap- SERRANO) having assumed the chair, The SPEAKER pro tempore. The gen- proval. Prior to receiving funds, One Mr. CUELLAR, Acting Chair of the Com- tleman is recognized for 5 minutes. United had lost capital and was under mittee of the Whole House on the State Mr. NEUGEBAUER. This motion scrutiny by regulators for its lending of the Union, reported that that Com- makes two important changes to this practices mittee, having had under consideration bill. First, it puts a Special Inspector More recently, a number of Members the bill (H.R. 5297) to create the Small General for TARP in charge of the of Congress and others have questioned Business Lending Fund Program to di- oversight of the new Small Business whether political pressure was involved rect the Secretary of the Treasury to Lending Fund. Remember, this fund is in the decision by large banks to raise make capital investments in eligible TARP II or TARP, Junior, as it’s re- capital for the troubled Shore Bank in institutions in order to increase the ferred to. Second, the motion requires Chicago. Shore Bank has applied for availability of credit for small busi- the Treasury to certify that the deci- TARP funds, in addition to the $140 nesses, and for other purposes, and, sions about which banks receive funds million in assistance from other banks, pursuant to House Resolution 1436, re- are based on merit and not political to head off a takeover by the FDIC. ported the bill back to the House with consideration. Shore Bank also has ties to the Obama an amendment adopted in the Com- This new lending fund follows the administration. mittee of the Whole. model of TARP, minus the stronger We do not have all the answers on The SPEAKER pro tempore. Under oversight, and puts another $30 billion how these decisions were made for the the rule, the previous question is or- in banks. The motion to recommit banks, but we need to be sure that dered. would make the Special Inspector Gen- these types of questions are not raised The question is on the amendment in eral for TARP, or SIGTARP, respon- about other banks. the nature of a substitute, as amended. sible for oversight of this new program. The motion to recommit says Treas- The amendment was agreed to. In a letter to Chairman FRANK, Neil ury must certify that each decision to The SPEAKER pro tempore. The Barofsky, the Special Inspector Gen- provide funds is made solely on eco- question is on the engrossment and eral for TARP, said, ‘‘I believe it is ab- nomic fundamentals and not because of third reading of the bill. solutely critical to protect the tax- any political consideration. This is the The bill was ordered to be engrossed payers that the Office of SIGTARP be type of decision-making that taxpayers and read a third time, and was read the permitted to continue its oversight in always expect and deserve. When their third time. what is essentially an extension of $30 billion is being put on the line, we MOTION TO RECOMMIT TARP’s Capital Purchase Program. Ac- need to do all we can to protect their Mr. NEUGEBAUER. Mr. Speaker, I cordingly, I write to recommend that investment. The underlying bill falls have a motion to recommit at the Congress provide SIGTARP oversight short to do that. desk. for the SBLF in any resulting legisla- The motion to recommit improves The SPEAKER pro tempore. Is the tion.’’ taxpayer protections by putting the ex- gentleman opposed to the bill? Just yesterday, SIGTARP announced perience of SIGTARP over this new Mr. NEUGEBAUER. In its current an indictment in a $1.9 billion fraud TARP program and requiring that in- form, yes. case involving the failed Colonial vestment decisions be made on eco- The SPEAKER pro tempore. The Bank. Part of the fraud case involves nomic fundamentals, not political con- Clerk will report the motion to recom- efforts to obtain $533 million in tax- nections. If you’re going to have TARP mit. payer money from TARP. Due to the II, why wouldn’t you use the same reg- The Clerk read as follows: efforts of SIGTARP agents working ulator that you had for TARP I? Mr. Neugebauer moves to recommit the I urge my colleagues to stand with bill H.R. 5297 to the Committee on Financial with law enforcement, the taxpayers were protected. the taxpayers and support this motion Services with instructions to report the to recommit. same back to the House forthwith with the The underlying legislation puts a following amendment: deputy of the Treasury Inspector Gen- With that, I yield back the balance of At the end of section 4(b), add the fol- eral in charge of oversight. The Treas- my time. lowing new paragraph: ury Inspector General was not among Mr. FRANK of Massachusetts. I rise (4) SECRETARY CERTIFICATION TO SIGTARP.— the many agencies and law enforce- to oppose the motion. (A) IN GENERAL.—Each time the Secretary ment that worked on this $1.9 million The SPEAKER pro tempore. The gen- makes a purchase (including a commitment fraud involving TARP. tleman is recognized for 5 minutes. to purchase) or a modification of a purchase SIGTARP has considerable experi- Mr. FRANK of Massachusetts. Mr. under the Program, the Secretary shall cer- ence overseeing a program in which the Speaker, let’s be very clear. This is tify to the SIGTARP that the Secretary is just a preliminary chance to vote ‘‘no.’’ acting solely on the basis of economic fun- government purchases preferred stocks in banks. If we create a new TARP pro- For reasons that I don’t understand, damentals and not because of any political my Republican colleagues are opposed considerations. gram that will also purchase shares in to a program in which voluntarily the (B) SIGTARP DEFINED.—For purposes of banks, why should we not use the same this paragraph, the term ‘‘SIGTARP’’ means oversight agency that has a proven Federal Government makes funds the Special Inspector General for the Trou- track record and expertise? Failing to available to community banks so that, bled Asset Relief Program, established under take advantage of SIGTARP’s unique if they want to participate, they can section 121 of the Emergency Economic Sta- expertise is an extreme service to the lend it to small businesses. Maybe it is bilization Act of 2008. taxpayers, exposing them to a greater the fear that it might succeed and di- At the end of section 8, add the following minish their issues that leads them to new subsection: likelihood of waste, fraud, and abuse. oppose it. They have been unable to op- (c) TARP SPECIAL INSPECTOR GENERAL b 1330 OVERSIGHT.—Section 121(c)(1) of the Emer- pose it outright on its merits, so here’s gency Economic Stabilization Act of 2009 (12 Is the majority afraid to use this ex- what they want to do. They want to U.S.C. 5231(c)(1)), is amended— perienced and effective regulator sim- say it’s really the TARP program, and

VerDate Mar 15 2010 00:49 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\A17JN7.016 H17JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE June 17, 2010 CONGRESSIONAL RECORD — HOUSE H4617 in fact, the gentleman from Texas said forward, you vote against this. We will Djou Lance Posey Doggett Latham Price (GA) that. He said, if you’re going to create come forward with further reinforce- Dreier LaTourette Putnam a second TARP program, put the TARP ment of the oath taking—we’ll even Duncan Latta Radanovich inspector in charge. That’s true. If make it oath taking, but please, if you Edwards (TX) Lee (NY) Rehberg you’re going to fly to the Moon, pack a want to vote ‘‘no,’’ vote ‘‘no’’ I would Ehlers Lewis (CA) Reichert Emerson Linder Roe (TN) big lunch. If shmif. say to the Members, Mr. Speaker, but Flake LoBiondo Rogers (AL) The fact is that we don’t create a don’t fall for this name game. This is Fleming Lucas Rogers (KY) TARP program. This is classic an effort to call it TARP. It’s your Forbes Luetkemeyer Rogers (MI) bootstrapping. It’s not a TARP pro- TARP; no, it’s not. It’s the Peewee Her- Fortenberry Lummis Rohrabacher Foxx Lungren, Daniel Rooney gram. It’s very different than the man school of legislating; let’s call Franks (AZ) E. Ros-Lehtinen TARP program in a number of ways. each other names without dealing with Frelinghuysen Mack Roskam The community banks want to partici- the substance. Let’s not, when we’re Gallegly Manzullo Royce Garrett (NJ) Marchant Ryan (WI) pate in it. They don’t want to partici- dealing with a serious issue of trying Gerlach McCarthy (CA) Scalise pate in another TARP program. So, to to get money to community banks to Gingrey (GA) McCaul Schmidt kill it, they are inaccurately charac- help our smaller businesses, fall for Gohmert McClintock Schock terizing it TARP and then talking that nonsense. Goodlatte McCotter Sensenbrenner ´ Granger McHenry Sessions about another Inspector General from Ms. VELAZQUEZ. Would the gen- Graves (GA) McIntyre Shadegg SIGTARP. This is not the problem of tleman from Massachusetts yield? Graves (MO) McKeon Shimkus what the Secretary’s being asked to Mr. FRANK of Massachusetts. I yield Griffith McMahon Shuster Guthrie McMorris Simpson say. It is to try desperately to get a lit- to the gentlewoman. Hall (TX) Rodgers Smith (NE) tle TARP rubbed off on it so they can Ms. VELA´ ZQUEZ. Mr. Chairman, I Harper Mica Smith (NJ) defeat, by that way, something they didn’t know that the other side liked Hastings (WA) Miller (FL) Stearns can’t defeat on the merits. Heller Miller (MI) Sullivan TARP so much that you want to keep Hensarling Miller, Gary Taylor Let me now yield to the gentleman it going. We have put safeguards, pen- Herger Mitchell Terry from Kansas (Mr. MOORE) who is the alties, restrictions, oversight in place. Herseth Sandlin Moran (KS) Thompson (PA) chair of the oversight subcommittee of This is another bureaucratic layer that Hunter Murphy, Tim Thornberry our committee and a man with a great Issa Myrick Tiahrt will hinder the needs of small busi- Jenkins Neugebauer Tiberi reputation for integrity in enforcing nesses to access capital. Johnson (IL) Nunes Turner taxpayer rights. Mr. FRANK of Massachusetts. The Johnson, Sam Nye Upton Mr. MOORE of Kansas. I thank the Jones Olson Walden gentlewoman is right. Jordan (OH) Paul Westmoreland chairman for yielding. What our friends on the other side King (IA) Paulsen Whitfield To Members of this House, I want to have, for political reasons, is a severe King (NY) Pence Wilson (SC) say that the bill, as written, says the case of TARP separation envy. It’s Kingston Petri Wittman Inspector General of the Department of Kirk Pitts Wolf going away. They haven’t had their Kline (MN) Platts Young (AK) the Treasury shall conduct, supervise, President tell us to do it. They are Lamborn Poe (TX) Young (FL) and coordinate audits and investiga- going to miss it, but we’re not going to tions of the purchase and commitments deal with that in this bill and kill the NOES—237 to purchase a preferred stock and other bill. I hope the recommittal is de- Ackerman Davis (IL) Jackson Lee financial instruments under the pro- feated. Adler (NJ) Davis (TN) (TX) Altmire DeFazio Johnson (GA) gram. That is directly from the bill. We The SPEAKER pro tempore. Without should not add SIGTARP. Andrews DeGette Johnson, E. B. objection, the previous question is or- Arcuri Delahunt Kagen Mr. FRANK of Massachusetts. I re- dered on the motion to recommit. Baca DeLauro Kanjorski claim my time to say, the gentleman Baird Deutch Kaptur There was no objection. from Texas began with a great, sur- Baldwin Dicks Kennedy The SPEAKER pro tempore. The Barrow Kildee prising revelation. A bureaucrat, the Dingell question is on the motion to recommit. Bean Donnelly (IN) Kilpatrick (MI) Inspector General of TARP, wants to Becerra Kilroy The question was taken; and the Doyle expand his authority. I’m surprised Berkley Driehaus Kind Speaker pro tempore announced that Berman Kirkpatrick (AZ) that there were not gasps of wonder- Edwards (MD) the noes appeared to have it. Berry Kissell ment in the House. We have an Inspec- Ellison Bishop (GA) Ellsworth Klein (FL) RECORDED VOTE Bishop (NY) Kosmas tor General here. They can do it, and Engel Boccieri Kratovil the SIGTARP Inspector General, be- Mr. NEUGEBAUER. Mr. Speaker, I Eshoo Boren Kucinich demand a recorded vote. Etheridge cause that program is about to go out Boswell Langevin Farr of existence, decided to expand his au- A recorded vote was ordered. Boyd Larsen (WA) Fattah The SPEAKER pro tempore. Pursu- Brady (PA) Larson (CT) thority. However, it goes beyond in one Filner ant to clause 8 and clause 9 of rule XX, Braley (IA) Lee (CA) sense. It says that the Secretary must Bright Foster Levin certify that he is acting solely on the this 15-minute vote on the motion to Brown, Corrine Frank (MA) Lewis (GA) basis of economic fundamentals and recommit will be followed by 5-minute Butterfield Fudge Lipinski Capps Garamendi Loebsack not because of any political consider- votes on passage, if ordered, and mo- Giffords tion to suspend the rules on H.J. Res. Capuano Lofgren, Zoe ation. Cardoza Gonzalez Lowey So here’s the offer I make, with the 86. Carnahan Grayson Luja´ n support of the majority leader. Within The vote was taken by electronic de- Carney Green, Al Lynch Green, Gene a few days, we will bring a suspension vice, and there were—ayes 180, noes 237, Carson (IN) Maffei Castor (FL) Grijalva Maloney to the floor that will require the Sec- not voting 15, as follows: Chandler Gutierrez Markey (CO) retary to so certify under oath—we’ll [Roll No. 374] Chu Hall (NY) Markey (MA) go you one better in this effort—and Clarke Halvorson Marshall AYES—180 Clay Hare Matheson the Secretary will be required to cer- Aderholt Bonner Cao Cleaver Harman Matsui tify under oath to the Inspector Gen- Akin Bono Mack Capito Clyburn Hastings (FL) McCarthy (NY) eral of the Treasury, and if Members Alexander Boozman Carter Cohen Heinrich McCollum want, we can have them certify under Austria Boustany Cassidy Connolly (VA) Higgins McDermott Bachmann Brady (TX) Castle Conyers Hill McGovern oath to the Government Account- Bachus Broun (GA) Chaffetz Cooper Hinchey McNerney ability Office, and if there are other Bartlett Brown-Waite, Coble Costa Hinojosa Meeks (NY) people you want them to certify to, Barton (TX) Ginny Coffman (CO) Costello Hirono Melancon Biggert Buchanan Cole Courtney Hodes Michaud we’ll be glad to do that. Bilbray Burgess Conaway Critz Holden Miller (NC) But the sole purpose of invoking the Bilirakis Burton (IN) Crenshaw Crowley Holt Miller, George Inspector General of TARP here, with Bishop (UT) Buyer Culberson Cuellar Honda Minnick his collaboration, so he will continue Blackburn Calvert Davis (KY) Cummings Hoyer Mollohan Blumenauer Camp Dent Dahlkemper Inslee Moore (KS) to have a job, is to discredit the pro- Blunt Campbell Diaz-Balart, L. Davis (AL) Israel Murphy (CT) gram. If you want this program to go Boehner Cantor Diaz-Balart, M. Davis (CA) Jackson (IL) Murphy (NY)

VerDate Mar 15 2010 00:49 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JN7.038 H17JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE H4618 CONGRESSIONAL RECORD — HOUSE June 17, 2010 Murphy, Patrick Ruppersberger Stupak Cummings Kilpatrick (MI) Price (NC) Lamborn Murphy, Tim Schock Nadler (NY) Rush Sutton Davis (AL) Kilroy Quigley Lance Myrick Sensenbrenner Napolitano Ryan (OH) Tanner Davis (CA) Kind Rahall Latham Neugebauer Sessions Neal (MA) Salazar Teague Davis (IL) Kirkpatrick (AZ) Rangel LaTourette Nunes Shadegg Oberstar Sa´ nchez, Linda Thompson (CA) Davis (TN) Kissell Reyes Latta Olson Shimkus Obey T. Thompson (MS) DeFazio Klein (FL) Richardson Lee (NY) Paul Shuster Olver Sanchez, Loretta Tierney DeGette Kosmas Rodriguez Lewis (CA) Paulsen Simpson Ortiz Sarbanes Titus Delahunt Kratovil Ross Linder Pence Smith (NE) Owens Schakowsky LoBiondo Petri Tonko DeLauro Kucinich Rothman (NJ) Smith (NJ) Pallone Schauer Deutch Langevin Lucas Pitts Towns Roybal-Allard Smith (TX) Pascrell Schiff Dicks Larsen (WA) Luetkemeyer Platts Tsongas Ruppersberger Stearns Pastor (AZ) Schrader Dingell Larson (CT) Lummis Poe (TX) Van Hollen Rush Sullivan Payne Schwartz Donnelly (IN) Lee (CA) Lungren, Daniel Polis (CO) ´ Ryan (OH) Taylor Perlmutter Scott (GA) Velazquez Doyle Levin E. Posey Salazar Terry Perriello Scott (VA) Visclosky Driehaus Lewis (GA) Mack Price (GA) Sa´ nchez, Linda Thompson (CA) Peters Serrano Walz Edwards (MD) Lipinski Manzullo Putnam T. Thompson (PA) Peterson Sestak Wasserman Ellison Loebsack Marchant Radanovich Pingree (ME) Shea-Porter Schultz Ellsworth Lofgren, Zoe Sanchez, Loretta McCarthy (CA) Rehberg Thornberry Polis (CO) Sherman Waters Engel Lowey Sarbanes McCaul Reichert Tiahrt Pomeroy Shuler Watson Eshoo Luja´ n Schakowsky McClintock Roe (TN) Tiberi Price (NC) Sires Watt Etheridge Lynch Schauer McCotter Rogers (AL) Titus Quigley Skelton Waxman Farr Maffei Schiff McHenry Rogers (KY) Turner Rahall Slaughter Weiner Fattah Maloney Schrader McKeon Rogers (MI) Upton Walden Rangel Smith (WA) Welch Filner Markey (CO) Schwartz McMorris Rohrabacher Westmoreland Reyes Snyder Wilson (OH) Foster Markey (MA) Scott (GA) Rodgers Rooney Whitfield Rodriguez Space Woolsey Frank (MA) Marshall Scott (VA) Mica Ros-Lehtinen Ross Wilson (SC) Speier Wu Fudge Matheson Serrano Miller (FL) Roskam Rothman (NJ) Spratt Sestak Miller (MI) Royce Wittman Yarmuth Garamendi Matsui Roybal-Allard Stark Giffords McCarthy (NY) Shea-Porter Miller, Gary Ryan (WI) Wolf Gonzalez McCollum Sherman Mitchell Scalise Young (AK) NOT VOTING—15 Gordon (TN) McDermott Shuler Moran (KS) Schmidt Young (FL) Barrett (SC) Gordon (TN) Moore (WI) Grayson McGovern Sires NOT VOTING—9 Boucher Himes Moran (VA) Green, Al McIntyre Skelton Brown (SC) Hoekstra Richardson Green, Gene McMahon Slaughter Barrett (SC) Childers Meek (FL) Childers Inglis Smith (TX) Grijalva McNerney Smith (WA) Barton (TX) Hoekstra Moore (WI) Fallin Meek (FL) Wamp Gutierrez Meeks (NY) Snyder Brown (SC) Inglis Wamp Hall (NY) Melancon Space ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE b 1355 Halvorson Michaud Speier Hare Miller (NC) Spratt The SPEAKER pro tempore (during Mr. BAIRD and Mrs. MCCARTHY of Harman Miller, George Stark the vote). There are 2 minutes remain- New York changed their vote from Hastings (FL) Minnick Stupak Heinrich Mollohan ing in this vote. ‘‘aye’’ to ‘‘no.’’ Sutton Higgins Moore (KS) Tanner Hill Moran (VA) b 1403 Mr. NYE changed his vote from ‘‘no’’ Teague Himes Murphy (CT) to ‘‘aye.’’ Thompson (MS) So the bill was passed. Hinchey Murphy (NY) Tierney So the motion to recommit was re- Hinojosa Murphy, Patrick The result of the vote was announced Tonko jected. Hirono Nadler (NY) as above recorded. Towns Hodes Napolitano The result of the vote was announced Tsongas A motion to reconsider was laid on as above recorded. Holden Neal (MA) Holt Nye Van Hollen the table. Vela´ zquez Stated against: Honda Oberstar f Ms. RICHARDSON. Mr. Speaker, earlier Hoyer Obey Visclosky Inslee Olver Walz RECOGNIZING 60TH ANNIVERSARY today I was unavoidably detained and was un- Wasserman Israel Ortiz OF KOREAN WAR able to return in time for rollcall vote 374. Jackson (IL) Owens Schultz Had I been present, I would have voted as Jackson Lee Pallone Waters The SPEAKER pro tempore. The un- follows: On rollcall No. 374, I would have (TX) Pascrell Watson finished business is the question on Johnson (GA) Pastor (AZ) Watt voted ‘‘no’’ (Motion to Recommit H.R. 5297, Johnson, E. B. Payne Waxman suspending the rules and passing the the Small Business Lending Fund Act of Jones Perlmutter Weiner joint resolution (H.J. Res. 86) recog- 2010). Kagen Perriello Welch nizing the 60th anniversary of the out- The SPEAKER pro tempore. The Kanjorski Peters Wilson (OH) Kaptur Peterson Woolsey break of the Korean War and reaffirm- question is on the passage of the bill. Kennedy Pingree (ME) Wu ing the United States-Korea alliance, The question was taken; and the Kildee Pomeroy Yarmuth as amended. Speaker pro tempore announced that The Clerk read the title of the joint the ayes appeared to have it. NOES—182 resolution. RECORDED VOTE Aderholt Campbell Franks (AZ) The SPEAKER pro tempore. The Akin Cantor Frelinghuysen Mr. WESTMORELAND. Mr. Speaker, Alexander Capito Gallegly question is on the motion offered by I demand a recorded vote. Austria Carter Garrett (NJ) the gentleman from American Samoa A recorded vote was ordered. Bachmann Cassidy Gerlach (Mr. FALEOMAVAEGA) that the House Bachus Chaffetz Gingrey (GA) suspend the rules and pass the joint The SPEAKER pro tempore. This Bartlett Coble Gohmert will be a 5-minute vote. Berry Coffman (CO) Goodlatte resolution, as amended. The vote was taken by electronic de- Biggert Cole Granger The question was taken; and (two- vice, and there were—ayes 241, noes 182, Bilbray Conaway Graves (GA) thirds being in the affirmative) the Bilirakis Cooper Graves (MO) not voting 9, as follows: Bishop (UT) Crenshaw Griffith rules were suspended and the joint res- [Roll No. 375] Blackburn Culberson Guthrie olution, as amended, was passed. Blunt Dahlkemper Hall (TX) AYES—241 A motion to reconsider was laid on Boehner Davis (KY) Harper the table. Ackerman Boccieri Castor (FL) Bonner Dent Hastings (WA) Adler (NJ) Boren Chandler Bono Mack Diaz-Balart, L. Heller f Altmire Boswell Chu Boozman Diaz-Balart, M. Hensarling Andrews Boucher Clarke Boustany Djou Herger THE FIRST AMENDMENT IS FOR Arcuri Brady (PA) Clay Boyd Doggett Herseth Sandlin ALL AMERICANS Baca Braley (IA) Cleaver Brady (TX) Dreier Hunter Baird Brown, Corrine Clyburn Bright Duncan Issa (Mr. DANIEL E. LUNGREN of Cali- Baldwin Butterfield Cohen Broun (GA) Edwards (TX) Jenkins fornia asked and was given permission Barrow Cao Connolly (VA) Brown-Waite, Ehlers Johnson (IL) Bean Capps Conyers Ginny Emerson Johnson, Sam to address the House for 1 minute and Becerra Capuano Costa Buchanan Fallin Jordan (OH) to revise and extend his remarks.) Berkley Cardoza Costello Burgess Flake King (IA) Mr. DANIEL E. LUNGREN of Cali- Berman Carnahan Courtney Burton (IN) Fleming King (NY) fornia. Madam Speaker, once again, we Bishop (GA) Carney Critz Buyer Forbes Kingston Bishop (NY) Carson (IN) Crowley Calvert Fortenberry Kirk have discovered that there appears to Blumenauer Castle Cuellar Camp Foxx Kline (MN) be some glitch in the majority’s effort

VerDate Mar 15 2010 00:49 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\A17JN7.018 H17JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE June 17, 2010 CONGRESSIONAL RECORD — HOUSE H4619 to bring the so-called DISCLOSE Act Poole and Joe McCutchen are com- the following Members will be recog- to the floor. It apparently is over how mitted to creating an environment nized for 5 minutes each. many people get exempted from the where small business can thrive. How- f disclosure rules that otherwise prevail. ever, taxation and regulation are sti- The SPEAKER pro tempore. Under a We have had the NRA exemption, fling small business expansion. previous order of the House, the gen- which was for organizations which Throughout my legislative career, I tleman from Kansas (Mr. MORAN) is have over 1 million people, which have have focused my efforts on removing recognized for 5 minutes. actually existed more than 10 years, these unnecessary barriers in order to (Mr. MORAN of Kansas addressed the which have people in all 50 States, in unleash America’s entrepreneurial House. His remarks will appear here- D.C. and in Puerto Rico, and which spirit. As a small business man, I know after in the Extensions of Remarks.) have less than 15 percent of their funds that cutting spending here in Wash- from corporations. Now we understand ington, eliminating the capital gains f they have dropped it to 500,000. tax and reducing the corporate income RECOGNIZING FLORIDA’S SMALL Madam Speaker, we did not take the tax, along with empowering the private BUSINESSES oath to the Constitution to only up- sector, is the way to create jobs and to hold part of the Constitution. It is time get Americans back to work. The SPEAKER pro tempore. Under a that we stop auctioning off the First Stimulating the economy must come previous order of the House, the gentle- Amendment and start understanding from expanding the private sector, not woman from Florida (Ms. ROS- that we here are supposed to protect by expanding government. We have a LEHTINEN) is recognized for 5 minutes. the First Amendment, not parcel it 16-month track record of failed eco- Ms. ROS-LEHTINEN. Madam Speak- out, not deny it to some and give it to nomic policies, and they continued er, I am proud to rise to recognize the others. The First Amendment is for all once more here today. We should be en- many small businesses throughout the Americans, not just for those favored couraging small businesses, not penal- Nation, and especially in my home by one party or another. izing them with higher taxes and more State of Florida and in my area of south Florida, that I hope will lead us f regulation. So I hope you will join me. Let’s em- into the great economic recovery. POLITICAL HYSTERIA power the taxpayer. Let’s provide tax As we have in the past, we shall re- (Mr. POE of Texas asked and was relief, not tax creep. cover again. Small business owners are given permission to address the House going to be an essential part of that re- f for 1 minute.) covery because small business owners Mr. POE of Texas. Madam Speaker, COMPENSATION FOR SURVIVAL are truly the backbone of our Nation’s the administration’s knee-jerk banning FOR VICTIMS OF THE GULF economy, employing tens of millions of of deepwater drilling for 6 months is COAST DISASTER workers and creating most of the new private sector jobs that are so impor- the second disaster in the gulf. (Ms. JACKSON LEE of Texas asked tant for true economic growth. The government is intentionally put- and was given permission to address I’d like to take this opportunity to ting companies out of business in the the House for 1 minute and to revise especially recognize two small busi- gulf with this unscientific moratorium. and extend her remarks.) nesses in my district which definitely There are 50,000 workers who are losing Ms. JACKSON LEE of Texas. Madam represent America’s tradition of free their jobs due to government over- Speaker, everyone knows that we are enterprise and individual initiative. reaction. The administration is not in the grips of trying to overcome the Tri-City Electric has reached a well- only purposely putting blue collar devastation of the gulf and to help the respected place in both Florida and the workers out of work; the government is people of that region. That is why I electrical contracting industry with sending those jobs to Brazil and to In- want to applaud the serious work that well over 300 employees. This family donesia. was done at the White House to estab- firm has been providing electrical de- In 2005, there was a BP refinery ex- lish the independent framework that I sign, installation, and service in south plosion in Texas City, Texas. Fifteen called for 2 weeks ago, which was to en- Florida for three generations since people were killed; 180 were injured. sure that the impacted communities— 1946. This small business’s name also The government did not close all of the restaurants, fishermen, shrimpers, oys- played a role in the fascinating rise of refineries for 6 months in the United ter persons, and people with small res- small business after World War II, in States to investigate the sins of BP taurants and large restaurants—in the that it was selected to represent our then. That would have been foolish gulf region, from Florida to Texas, area’s three major cities at that time: nonsense. It would have destroyed jobs, have the ability to secure the kind of Miami, Coral Gables, and Miami Beach. the economy, and it would have caused compensation needed now to make Like most small businesses, Tri-City the loss of U.S. energy. their bills. Electric is made of folks who didn’t So investigate the rig explosion and This is not compensation for the in- start at the top and, in this case, start- hold BP accountable for their conduct, jury as much as it is compensation to ed in the trenches digging to lay pipe- but don’t in a moment of political survive. For anyone to suggest that line in the hot weather while working hysteria stop deepwater drilling. Don’t this was a shakedown is a misinter- whatever hours it takes to get the job wipe out jobs, American companies, pretation and a distortion to the Amer- done. and sabotage the U.S. economy. ican people. Another small business with a long And that’s just the way it is. What do they want the government tradition of service in south Florida is f to do? They want the government to be Riverside Electric Company. This was responsive, to make sure that we work PROVIDE TAX RELIEF, NOT TAX established in 1922—I love anything on their behalf and to make sure that CREEP older than I am—which is one of oldest people whose lights are being turned (Mr. GRAVES of Georgia asked and electrical contracting firms in the off can pay their bills. was given permission to address the southeastern United States. Another Good news. We can now get claims House for 1 minute and to revise and firm with a proud family tradition, its and can help the people in the gulf re- extend his remarks.) roots go back to Atlanta, where the gion. Mr. GRAVES of Georgia. Madam company played a key role in con- Speaker, in Georgia’s Ninth Congres- f verting the city’s streetlights from gas sional District, there is the small town b 1415 to electric. Its founder, Eugene M. of Ellijay. It is known not only for Irvin, Sr., later moved his family to Colonel Poole’s barbecue and as the SPECIAL ORDERS Miami and began Riverside Electric apple capital of Georgia but also as the The SPEAKER pro tempore (Mrs. Company. His great grandson, James home of the McCutchen-Poole Small DAHLKEMPER). Under the Speaker’s an- Irvin, is now co-owner of the company, Business Coalition. The reason is that nounced policy of January 6, 2009, and along with Alexander Rodriguez, who community leaders like Colonel Oscar under a previous order of the House, started as an apprentice and worked

VerDate Mar 15 2010 00:49 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JN7.043 H17JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE H4620 CONGRESSIONAL RECORD — HOUSE June 17, 2010 his way up to become a journeyman the ground will forever remain bad. leaving them adrift with no job, no sav- and master electrician. But the reason for that is the under- ings, and no support. Even some from Madam Speaker, these are just two lying policy of a military invasion and my own party seem to be saying now is examples of Florida’s nearly 2 million occupation that is fatally flawed in the the time to start cutting back on help small businesses that have provided first place. for the unemployed. In fact, it will economic opportunities to diverse So, in a twisted, paradoxical way, take about 5 years of consistent, groups of people and have delivered in- Madam Speaker, the more we fail, the month-after-month job growth to make novative products and services to a more we try to succeed with the same up for all the ground we have lost in worldwide marketplace. misguided approach, and then we just this recession. That’s how big the jobs Florida’s small employers, in 2006, fail some more. That’s how you end up hole is that unemployed workers are represented 99 percent of the State’s with perpetual war. If we had adopted trying to climb out of. employers and 44 percent of its private smart security principles and invested You only have to hear from a few un- sector employment. Of even greater in a humanitarian rather than a mili- employed workers to know how hard significance, however, is that small tary approach, we’d be a lot closer to they’re looking for work and to feel businesses created nearly 60 percent of our goals of a peaceful, stable, and se- their sheer sense of desperation. my State’s new jobs in recent years. cure Afghanistan. They’re losing their homes, their Think of that figure. Sixty percent of For my part, Madam Speaker—and I health, and their faith in the American the new jobs in the State of Florida am not alone in this belief—the July Dream. Are we really prepared to just were created by small businesses. 2011 date is not nearly ambitious stand by and watch them sink into ab- It is my honor and my privilege to enough. That’s yet one more year in ject poverty? recognize today the many dedicated which Americans will be asked to sac- Opponents of helping the unemployed and hardworking employees of small rifice blood and treasure for a failed like to talk about budget deficits. Of businesses who have done so much over counterterrorism strategy that is course, they don’t seem to care about the years to serve their neighbors in so doing nothing to advance our national deficits when it comes to two wars that many ways. security objectives. I believe General have cost a trillion dollars and two tax f Petraeus is moving in the wrong direc- cuts, mainly for the wealthy, which JULY 2011 IS NOT SOON ENOUGH: tion and being cautious where he cost $1.7 trillion. None of that seems to ACCELERATE TROOP REDEPLOY- should be bold. It’s time to accelerate matter. But now the stingy other body MENT OUT OF AFGHANISTAN the timetable, not push it back. It’s says we might pass this if we can take time, Madam Speaker, to bring our away $25 a week from all the unem- The SPEAKER pro tempore. Under a troops home. previous order of the House, the gentle- ployed. Of course, we couldn’t take the f woman from California (Ms. WOOLSEY) money from the hedge fund people. is recognized for 5 minutes. The SPEAKER pro tempore. Under a That would be too tough on them. Ms. WOOLSEY. Madam Speaker, previous order of the House, the gen- When it comes to helping the unem- General Petraeus was in Washington tleman from Texas (Mr. POE) is recog- ployed, they just say, We can’t afford this week to testify before the House nized for 5 minutes. it. But I wonder if they have truly con- and Senate Armed Services Com- (Mr. POE of Texas addressed the sidered the real cost of abandoning mittee. And while his intent was to en- House. His remarks will appear here- these families. dorse the July 2011 Afghanistan rede- after in the Extensions of Remarks.) Ending assistance to the unemployed ployment date set by the Commander f will reduce consumer demand right at in Chief, it was not the kind of clear, the point when the economy is strug- HELP FOR THE UNEMPLOYED unambiguous statement that inspires gling to rebound after the worst reces- very much confidence. The SPEAKER pro tempore. Under a sion in 70 years. It would surely in- According to an editorial in today’s previous order of the House, the gen- crease the number of homes that would Washington Post, the General describes tleman from Washington (Mr. go into foreclosure. And it would drive next July as ‘‘the point at which a MCDERMOTT) is recognized for 5 min- some individuals permanently out of process begins to transition security utes. the labor force if we don’t do some- tasks to Afghan forces at a rate to be Mr. MCDERMOTT. Madam Speaker, thing. All these outcomes will increase determined by conditions at the time.’’ we have the highest number of long- our Nation’s budget deficit. But even With all due respect, Madam Speaker, term unemployed Americans ever on worse, they’ll bring about a crippling could there be any more qualifiers and record, so you’d think we’d be over- deficit of hope—hope for the future. escape hatches in that sentence? whelmed by bipartisan cooperation to Helping those who have lost their The American people, who have 1,000 help us with these 7 million people who jobs through no fault of their own is fewer fellow citizens and 278 billion have been out of work for more than 6 the right thing to do for families, for fewer dollars than they did when this months. Instead, every single House the economy, and, ultimately, for the war began, aren’t looking for the be- Republican but one voted against the Federal budget. legislation 3 weeks ago to continue ginning of a process. They’re looking Our failure to get this bill passed has emergency Federal unemployment ben- for an end to this, an end to this miser- very real and very immediate con- efits. And now, in the other body, every able war. sequences. Tonight, thousands of peo- Republican has refused to support an Shouldn’t we be at the end or at least ple in every corner of this country will extension of unemployment benefits. in the middle of the process of suffer because we have chosen to quib- So a growing number of jobless work- transitioning security tasks to Afghan- ble and stonewall instead of act. These ers are now losing their benefits. istan forces? Shouldn’t the beginning benefits help millions of people put By the end of this week, more than of the process have come at some point bread on the table while they look for 1 2 900,000 Americans will lose their unem- over the last 8 ⁄ years that we’ve been work. I sincerely hope the other body ployment benefits unless the other fighting this war? will take pity on the unemployed of My concern, Madam Speaker, is that body acts. We hear their rumblings this country and pass a bill today. statements like this one are laying the over there, but I’ll believe it when I see predicate for an extension of President it. By the end of the month, the num- f Obama’s deadline, which is exactly the ber will grow to 1.2 million. My col- wrong lesson and the wrong approach. leagues from Florida should know an The SPEAKER pro tempore. Under a The problem is that, if you’re locked estimated 80,000 Floridians will lose previous order of the House, the gen- into a certain mindset, it will never their benefits; California, 180,000; , tleman from North Carolina (Mr. seem like the right moment to remove 66,000; Georgia, 57,000. And the list goes JONES) is recognized for 5 minutes. our troops from Afghanistan, because on and on. (Mr. JONES addressed the House. His the mission as currently defined will The last lifeline for these workers remarks will appear hereafter in the never be complete and conditions on and their families is being severed, Extensions of Remarks.)

VerDate Mar 15 2010 00:49 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JN7.046 H17JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE June 17, 2010 CONGRESSIONAL RECORD — HOUSE H4621 IN MEMORY OF MILTON CLOWERS tleman from Indiana (Mr. BURTON) is southern border. If you go down to The SPEAKER pro tempore. Under a recognized for 5 minutes. those lands, you will see the rape trees, previous order of the House, the gen- (Mr. BURTON of Indiana addressed established where those who are lead- tleman from Georgia (Mr. WESTMORE- the House. His remarks will appear ing innocent individuals will take peo- LAND) is recognized for 5 minutes. hereafter in the Extensions of Re- ple across the border, physically abuse Mr. WESTMORELAND. Madam marks.) them, rape them, and then leave an ar- Speaker, I rise today to pay respect to f ticle of peril on a tree as a memento, a reward, a symbol of their success in Fayetteville, Georgia’s Milton Clowers, The SPEAKER pro tempore. Under a such a heinous activity. That is hap- who passed away a few weeks ago. Mil- previous order of the House, the gen- pening on Federal land along our ton was a good friend of mine and a tleman from Oregon (Mr. DEFAZIO) is southern border. good friend to many. recognized for 5 minutes. And I also want to talk about the po- He leaves behind his wife, Randi; his (Mr. DEFAZIO addressed the House. tential of terrorists who can come loving children, Eric and Cameron; and His remarks will appear hereafter in through Federal land on our southern Eric’s wife, Amy. His extended family the Extensions of Remarks.) included several brothers and sisters border almost without any kinds of in- f who preceded him in death and four hibitions. You see, not everyone who is brothers and sisters who have survived. The SPEAKER pro tempore. Under a coming through the southern border Probably most special to him were his previous order of the House, the gen- with Mexico are from Mexico or even five grandchildren. And as a grand- tleman from Virginia (Mr. WOLF) is Latin American. In recent years the father, Milton and I would often talk recognized for 5 minutes. Border Patrol has intercepted people about our grandchildren and what a (Mr. WOLF addressed the House. His from Yemen, Pakistan, Iraq, Somalia, blessing they were to us. remarks will appear hereafter in the people from most of the countries that Milton was a good friend to me. I Extensions of Remarks.) are on our enemy watch list, those knew him both personally and profes- f types of individuals for whom we sionally. He was born in Tennessee and The SPEAKER pro tempore. Under a should be suspect are the ones who are attended Tennessee State University. previous order of the House, the gentle- being captured and caught and de- tained. And the question is, how many Milton enjoyed a career in the elec- woman from North Carolina (Ms. FOXX) trical industry, which I come from a is recognized for 5 minutes. are not being captured and caught and construction background, and Milton (Ms. FOXX addressed the House. Her detained? We have found discarded apparel, and I had many discussions about the remarks will appear hereafter in the backpacks with old Chinese passports condition of our construction industry Extensions of Remarks.) that had been modified, that had been today. f cut up, that had been reused. We are He came to Atlanta, where he was ac- not really sure exactly why they were cepted into an apprenticeship program THE U.S.-MEXICO BORDER there and for what purpose they had, with the International Brotherhood of The SPEAKER pro tempore. Under but we know that those types of indi- Electrical Workers Local 613. Milton the Speaker’s announced policy of Jan- viduals are coming across our southern worked hard and had a successful ca- uary 6, 2009, the gentleman from Utah border. reer. He started at Grove Park Electric (Mr. BISHOP) is recognized for 60 min- So please let me try to emphasize: and went on to Dixie Electric Com- utes as the designee of the minority The reason there should be such con- pany. But the highlight of Milton’s ca- leader. cern is because of some of the kinds of reer was UpTime Electric. He made it Mr. BISHOP of Utah. Madam Speak- people who are illegally entering this into a very successful electrical con- er, I come to the floor today during country, whose sole purpose—it’s not tracting firm. He did a lot of work for this specific time to talk about issues to find a job or not to join a family— Delta Airlines in the Atlanta Airport. I that are taking place on the borders of but whose sole purpose is to further the took a trip and visited that site with the United States. The issues I talk illegal drug trade, whose sole purpose him probably a couple months before about are issues that impact both the is to further illegal human trafficking, his death. northern border and southern border as and whose sole purpose could easily be b 1430 well. But we have had quite a bit of for terroristic reasons. hype in the media lately about things Milton also served on several indus- Now one of the ironies of our situa- that are taking place on the southern try boards. He served as the secretary, tion on the southern border is, if you border, so I would like to try to focus treasurer, president and chairman for look at this picture of the southern my attention primarily on what is hap- the Atlanta Electrical Contractors As- border, the land from San Diego over pening between the border between the sociation. to El Paso, everything that is colored United States and Mexico. I also want Career and community work are im- along the southern border is different to try to narrow the focus of the dis- portant. However, a man is only as kinds of Federal land. Well over 40 per- cussion tonight in some particular way good as the family and friends who sup- cent of the southern border is Federal because I’m not talking about every- port him. Fortunately, Milton was lands, 4 million acres of which are in body who is coming through the bor- blessed with a lot of both. He was a lov- wilderness categories. der, both legally and illegally. I’m ing and devoted husband, father, broth- I want to make a distinction between talking about certain kinds of bad guys er and friend. He was a strong, tal- the southern border from El Paso to that are doing great harm to this par- ented, and compassionate man who San Diego because if you go from El ticular country. gave so much to so many folks. I am Paso down to the Gulf of Mexico, it’s Let me talk about the kinds of people proud to speak about him today on this slightly different. First of all, you will for which we should be vastly con- floor to honor his life and his work. notice from the map there is not a lot cerned. I am talking about drug cartels And Milton, I will miss you, my friend. of Federal lands there, and the Border and drug runners. The sad fact is that Patrol has a great deal more latitude f almost all the illegal drugs coming and, consequently, a great deal more The SPEAKER pro tempore. Under a into this country are coming across effectiveness on private lands, working previous order of the House, the gentle- Federal lands that abut our southern with private individuals and local law woman from Ohio (Ms. KAPTUR) is rec- border. enforcement, than they do in the areas ognized for 5 minutes. I’m talking about human traffickers. where there are Federal lands; plus (Ms. KAPTUR addressed the House. The sad reality is, those who are hi- there’s a river that makes a difference Her remarks will appear hereafter in jacking and kidnapping people, those as well. the Extensions of Remarks.) who are running prostitution rings, So I want to concentrate on all of f those who are bringing people in here that colored area between San Diego The SPEAKER pro tempore. Under a for unspeakable kinds of activities are and El Paso where it is the Federal previous order of the House, the gen- coming through Federal lands on our lands that are causing the problem.

VerDate Mar 15 2010 02:21 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JN7.050 H17JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE H4622 CONGRESSIONAL RECORD — HOUSE June 17, 2010 And they are causing the problem not that particular ranch. This is an elder- So sometimes it is more important to for an unreasonable reason. I think we ly gentleman who was on a motorized protect 22 pronghorn goats on this land can all logically understand this. The vehicle on his own land. He did not who are endangered than it is to con- Border Patrol is being very, very effec- have the opportunity of facing the sider definitely more than 22 young tive in urban areas. The Border Patrol issue of whether to fight or flee be- men and women in America who are is also being increasingly effective cause he didn’t have the capacity to do obviously subject to the suffering and along the Texas border where they are either. He had just had surgery on his the pain that comes from the use of il- dealing with local law enforcement and back. He had just had a hip replace- legal drugs, which are coming through private property owners. And that ment, was scheduled for another hip re- that exact same territory. It is almost means that if you want to come into placement. He basically was immobile. as if we have this attitude within the this country illegally to do drugs, do And in years past, when a rancher Department of the Interior and the human trafficking, or for terroristic confronted drug cartels, drug runners, Forest Service that because those are purposes, you try to go through the the human traffickers, they would usu- their lands, they will allow the Border area that is the easiest. ally flee. But for whatever reason—and Patrol to go in there under certain cir- The easiest access to this country this is becoming more and more con- cumstances. And yet, at the same time, has now become Federal lands along stant—for whatever reason, this time we have had the criticisms filed with the southern border, and that means the drug cartel decided to stay there, us that allowing the Border Patrol to that even though this issue has been and they killed Rob Krentz, and they go in there and monitor these lands with us for many years and many ad- killed his dog. And then he fled on a and protect the border for this country ministrations—going back to the very out-of-the-way route to going sometimes takes up to 6 months just to Reagan years when we were talking back through the exact wilderness ref- get the permits to run the programs about this particular issue—and even uge from which he entered into this that they need. country. I’m sorry, this is an example though the failings that I will be men- Now, we were told the other day that, of where we are failing. Well, this is changing. We are working tioning in this hour deal with this ad- A Mexican rancher brutally mur- ministration, they also dealt during together better, that now we are com- dered, bound and duct taped, was ing together as Homeland Security and the Bush administration, the Clinton thrown into the Organ Pipe Cactus Na- Interior Department and Forest Serv- administration, and years before that. tional Monument on the U.S. side back The only difference though is that ice. We have worked those out. No in November. To this day, nobody has longer does it take 6 months to get the now the situation is being exacerbated actually issued any kind of press re- permits for the activities to take place. because the success we have in urban lease to allow anyone to know that We’re now doing those within 30 days, areas and on the private sector land that is happening. And the sad part is sometimes 60 days, occasionally a bit means that the bad guys are being fun- the examples I am giving you right longer. Here is the question. We’re neled more and more into the Federal now are not isolated. We have had sev- talking about securing this border. A lands where it is simply easier access eral members of our Border Patrol who drug cartel does not wait 90 days from to get into this country. So the prob- have been murdered in this exact same lem has always been there. The prob- area. More and more individuals, both the entrance into the country before lem, though, is intensifying, and that Americans and of Mexican extraction, they continue on. They are not waiting is why we must look differently at are being assaulted, murdered, raped, for the bureaucratic wheel to spin so what we are doing. and robbed in this particular area, and slowly in this country to get together Two agencies, actually three agen- it is all happening on Federal land. and work together to solve this par- cies are responsible for that southern So the question one has to simply ticular problem. And until we can come border. They include those who own ask is, you know, Why? Why would up with a new way of doing these the lands, which is the Department of this, indeed, be the situation in which issues, it will continue. Interior and the Forest Service, and we find ourselves? And one of the prob- We had a meeting with these three those who are charged with patrolling lems that this Congress needs to ad- groups again the other day in which and protecting those lands, which is dress—because only this Congress has they were proud that a communication Homeland Security, specifically, the the ability to address it—is some of the tower, which was essential for the Bor- Border Patrol. And my contention to internal conflicts between different der Patrol to be able to do their work you today is that those three agencies Federal agencies. If you have the Inte- in guarding the access and monitoring have collectively failed in their respon- rior Department and Forest Service the access into this country, was not sibility. who own the land, they have certain allowed to be put on the site the Bor- A few weeks ago, a deputy sheriff laws that we, in Congress, have wisely der Patrol wanted because that would from Pinal County, Arizona, comes to passed on how they must manage their have been on wilderness designation. one of those sections of land which is land. Homeland Security, though, is re- And once again, because of the laws we wilderness designation, which means sponsible for border protection. They have passed, you may not put any new he no longer is able to stay within his have other requirements and laws, and structure on a wilderness designation. vehicle—because, by our laws, we can- not always do those laws fit together So they were very proud. They were not have a mechanized vehicle in a wil- easily. In fact, sometimes they are in very proud that they had, after several derness area—so he has to get out of conflict. months of negotiation, came up with a his car and walk into this wilderness It would be very simple to say, Well, deal to move the tower to an area that area where he promptly walks into an common sense will tell you just to sit was acceptable to Homeland Security ambush and is shot. Two weeks later, down and work out the issue. Unfortu- and acceptable to the Interior Depart- in the same area, the same wilderness nately, we’re dealing with the Federal ment. Now that sounds great that they area where the Border Patrol is not al- Government, where common sense is did the deal—with one small caveat. lowed to do their routine type of patrol not necessarily a high priority. Indeed, The tower doesn’t work in that area. work, two dead bodies of Americans are some of the land managers, working There is now, by everyone’s admission, found in that exact same spot on Fed- under the Department of Interior as a 3-mile hole in the coverage, which eral land. well as the Forest Service, almost are means in this effort to try to monitor You look over at the Rob Krentz fam- doing their work as if they have blind- what is coming in and out of American ily where, through a wildlife refuge, ers on. Dedicated to the task at hand territory, there is now a 3-mile black once again, because it has an endan- and the legal requirement they have to spot where no one will ever know what gered species on it, Border Patrol is consider the value and the protection is coming in or coming out. And I’m prohibited from going into that area. of the land as their highest priority, sorry, that’s causing a problem. Unfortunately, the murderer of Rob and dedicated to fulfilling that legal It is not unusual for the drug cartels, Krentz was not prohibited from enter- requirement, they are sometimes obliv- who are very sophisticated, to under- ing this country through that wildlife ious to the real world that is around stand this concept. Therefore, with this refuge. He confronted a rancher whose them. They forget that there are other 3-mile hole, that becomes the primary family goes back to 1907 in Arizona in missions that have to be there. route of entrance. And the only reason

VerDate Mar 15 2010 02:21 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JN7.057 H17JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE June 17, 2010 CONGRESSIONAL RECORD — HOUSE H4623 that that 3-mile hole exists is because, the Border Patrol could or should be And I am sorry, Madam Speaker, this to obey our laws and to have, first of doing as we envision it personally, we is illogical. And I am sorry that we are all, the concept of protecting the land would obviously see a bunch of people going to authorize up to $50 million in upper most, you didn’t put the tower in a motorized vehicle, armed, going up this year’s budget to give to Homeland where the tower would work. You put and down the border making sure that Security so they can send it over to the it on an alternative site. they are checking for signs of incursion Interior Department or the Forest and making sure that those who want Service, and the Interior Department b 1445 to come into this country are having a or the Forest Service will, without ever Now once again, perhaps years ago second thought and saying maybe checking on why we are doing that, when only a few people were coming there is a better route that is not what we are doing, and how this money over occasionally, perhaps years ago across Federal lands. is supposed to be spent. The money all when people who were there coming So the first question one should ask comes from the same pot, and it should over to try and get jobs to milk cows is, Why not? Why aren’t they allowed be Congress’ decision on where that or to change sheets or to pick toma- to be in there? For, indeed, if the bot- money is spent and how that money is toes, occasionally that would not have tom line means that our Border Patrol spent. It should not be a matter of in- been a problem. But as I have said, we is not allowed to go on Federal lands to ternal negotiations between the haves are no longer talking about that group, do their job, we are creating our own and the have-nots between different those kinds of people coming in. We are problem. Initially last week, I believe, agencies, and that is a practice that now talking about effective, organized or maybe 2 weeks ago, the President has been going on in this administra- drug cartels having running battles announced a new initiative to send tion and in the prior administration with themselves as well as Mexican au- 1,200 National Guardsmen down to the and the prior administration before thorities on that side, and they are the border. I am encouraged by his com- that. ones who are now in increasing num- mitment to do something about it. The difference, though, is today the bers coming through those black holes However, once again one has to ask: If dollar amount is much more signifi- on the Federal land that we have sim- the Border Patrol are not allowed to go cant, and the issue is much more sig- ply created because we have not taken onto Federal lands, the National Guard nificant. the blinders off to look at the overall will not be allowed to go onto Federal Some of the news agencies made a picture. lands. I don’t care how many thousands major brouhaha yesterday by reporting It is human traffickers and all the vi- of people you send down there, if they a new sign that has been put up by the olence against women who are coming are not allowed to do their job, if they Department of the Interior. I believe over in increasing numbers through don’t have the access so they can do this is on the Buenos Aires National areas that we are not allowing to be the patrolling, it doesn’t make a dif- Wildlife Refuge. And what the sign regularly patrolled. And the potential ference. That is silly. It is not going to says to Americans coming down to this of a terrorist coming into this country work. And that is the concept that American spot for wilderness protec- through these areas that no longer somehow some way we ought to recog- tion for endangered species, as well as have any kind of security simply be- nize. We ought to figure out. recreation opportunities, is very clear. cause we are giving precedence to a There is also one other issue that And amazing. It tells Americans dan- land concept of wilderness or endan- goes along with that that should be a ger, there is a public warning, travel is gered species, and that takes prece- special concern to this Congress in the not recommended because the area of dence over securing our border and try- way that we operate here because in American land owned by the Federal ing to protect the citizens of this coun- one of the oddities that has developed Government in which they would be try. over the years, we have Congress ap- entering is active drug and human Now, most people when you talk propriating money to agencies of gov- smuggling areas. Down here the BLM about this just shake their head in ernment who are then extorting that encourages visitors to use public lands amazement and say, That is silly. That money from other agencies of govern- north of Interstate 8. violates common sense. ment, i.e., for the Border Patrol to do How many other places in the United The only thing we have to say to their work, one of the things and con- States do you have the United States those citizens who say that is, You are ditions that is put upon them by the Government putting up signs telling right, it is silly. And it does violate Department of the Interior is that they Americans not to enter into American common sense. And that is why this have to pay mitigation fees, which territory because it is too dangerous Congress needs to do something about means this Congress, without knowing for Americans to go into American ter- it because only we have the ability of the details, appropriates money to ritory, that drug cartels from foreign taking all three agencies and making Homeland Security for the Border Pa- nations have taken over control of this them work to see the large picture, the trol who will then have to pay that territory, and you enter at your own overall goal, and not simply what their money to the Department of the Inte- risk? Unfortunately, this is not un- narrow focus may be in their job re- rior for mitigation fees or to buy other usual. This sign went up this last week. quirement or their job vision. lands to compensate. For years, both the Interior Depart- The question was made on whether This Congress has no control over ment and Forest Service have been rec- the Border Patrol can do routine pa- that process. That’s wrong. This Con- ommending for people not to travel in trols along our southern border. With- gress has no say over that process, and these areas. And if you do, you go at out dropping a beat, the representative that is wrong. And the idea of transfer- your own risk. Ninety-five percent of from the National Park Service and ring money from one group to another the Organ Pipe National Monument is the Department of the Interior said, without the oversight of Congress is a wilderness area, and 90 percent of Well, of course not. Only under certain wrong. It is illogical. It should not hap- that wilderness area is controlled by circumstances, only when there is evi- pen. Mexican drug cartels, and no American dence of incursion will they be allowed Here is the irony: as a Member of is allowed to go into that without some to go into these areas because that is Congress, when the Homeland Security kind of armed escort. when they need to. Once again, if we budget is brought to this floor, I as a Further north I went to the Ironwood are now inviting people to use these Member of Congress do not have the Monument. Once again, we were told areas because we are stopping them ability to come in here and transfer and warned that it is a dangerous area, other places so now they are coming on some of that money from Homeland Se- don’t stop along the roads; continue on Federal land, one of the things that we curity over to the Interior budget. But driving; try not to get out of your car need to do is make it much more dif- the agencies are doing it, and they are and continue on foot in those par- ficult for someone to come onto this doing it without reporting it to Con- ticular areas. land illegally, and that means you need gress, without understanding what These are areas well within the bor- to have Border Patrol doing routine pa- Congress is about. Those agencies, by der of the United States. And, sadly, trols. one extorting money from the other, this is not atypical. Going back to the I think in the back of everyone’s have the ability to do something that year 2006, once again a different admin- mind if we start thinking about what Members of Congress cannot. istration, but in 2006, the Department

VerDate Mar 15 2010 02:21 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JN7.058 H17JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE H4624 CONGRESSIONAL RECORD — HOUSE June 17, 2010 of the Interior issued a report about cool; except the goal of these traffic b 1500 this that was never released to the pub- barricades is to prohibit the Border Pa- This is what is left behind. This is lic. But in it it indicated that in the trol from going into Federal land that what the landscape looks like in these year before, 2005, there were at least has wilderness categories and wilder- areas that we are trying to save for five murders, two rapes, 39 armed rob- ness designation. This is not to stop their environmental purpose. The irony beries, and they are estimating some- the bad guys from coming in, this is to is we are failing. We are failing because where between 200,000 and 300,000 ille- stop our guys from coming in. the people that need to be kept out are gal incursions on this piece of prop- At Organ Pipe National Monument, not being kept out and the people who erty. I want you to know, those are the these fence barriers used to be our bor- could solve the problem are. only ones that the Federal Government der between the United States and One of the unique finds we found is investigated; anything that was re- Mexico. These used to be put in there that once again the Border Patrol— ported to local law enforcement was to stop Mexican cars from coming into trying, I guess, to come up with some not included in those figures. the United States. Well, we have a dif- pocket change and pocket money for Now, because this has now been spun their activities—are going into these ferent wall there now that is much out in the national media, and because areas, and this cacti that has been cut more effective, so we don’t need those. the sheriff in Pinal County simply said down is an endangered species, which So instead, the public land manager in there are areas in his jurisdiction that means it is illegal to cut it down. They this particular area took these barri- are out of control, and that area that is didn’t care; they cut it down, anyway. cades and put them inside his terri- out of his control where he cannot pro- It is placed across a road, the purpose tory, once again not to stop foreigners vide protection are all Federal lands of which is to stop an American trav- from coming in, but to stop the Border that are owned by the Department of eler in this Federal territory because Patrol from going in. Somehow we the Interior and the Forest Service they can’t go over the cactus. Once have to realize that what we need to do where he nor the local law enforcement they get to that spot, they are then is to allow the Border Patrol to have nor the Border Patrol had the ability robbed with armed gunmen. to do what they need to do to try and routine access, routine patrols, and not The irony once again is if the Federal control that particular area, Interior stop them from going into these terri- Government were to go in there and Department sent out a memo today, a tories. try to pick up this cactus and move it media advisory trying to put this into Now, once again, we have met with off the road, that’s a felony. That’s il- some kind of perspective. them and they say we are working legal under our Wilderness Act. Some- And what they said is that don’t take these things out; everything is going to times, once again, we have to come up this out of perspective. It is only a be fine. In fact, some of the gates we with other areas, what to do. We have small area of the land that is closed to are now putting up have locks on them, placed water towers within Federal ter- Americans. In fact, they put out this and we are giving the Border Patrol ritory in an effort to try and make sure sign which is somewhat blurred, but keys to the locks; besides, if they real- that those illegal visitors coming in they simply said, and this is the Bue- ly need to, they could just push here who happen to run out of water nos Aires National Wildlife Refuge, through those gates. However, local se- will not die. That’s a humanitarian ef- they are not closing all; they are only curity, the local law enforcement fort. However, what is so bizarre is the closing this portion down here that is doesn’t have a key to those locks. If a Border Patrol can’t go anywhere near the portion of America that no Ameri- deputy sheriff in one of those counties those water towers for fear of running cans can go into because it is too dan- is chasing a bad guy into that area, off an illegal alien that may need the gerous for Americans to go down there. they are prohibited from that pursuit. water. We are doing that. They also then said that the amount of Somehow we have to get common sense We have done this kind of stuff, once violence that takes place here annually back into the situation because what again, going back through several ad- year after year after year is decreasing, we are talking about simply does not ministrations. But the cost is higher so we should be heartened. work. now, the issues are higher now, and the I think there should be another ques- And there is an irony in this. The danger is higher now. We can no longer tion that should be asked. As a policy sole purpose of trying to stop the Bor- afford to continue on with that par- for this Congress or this administra- der Patrol from securing our borders is ticular pattern. I would also warn you tion, How much of America’s land because of the fear that they may that right now, as we speak, in the should we accept as uninhabitable for cause damage to the environment, that Coronado National Forest, there is an- Americans? What percentage of Amer- a motorized Border Patrol truck could other wildfire. Most of the wildfires that are taking ican property should we just say, okay, actually screw up the land or chase place on Federal land in the southern foreign entities, foreign substance away an animal or do something else. border area are not accidental groups, drug cartels, you can have 5 So, therefore, we are prohibiting them wildfires; they are started by the bad percent of our land as yours, we just from doing that except for some extra- guys, the drug cartels and the human won’t bother you in that? Maybe 10 neous and unusual circumstances. But traffickers, for two reasons: either they percent, 2 percent? What percent is ac- the irony is the bad guys, the drug car- will start the wildfire as a diversion to ceptable to say that America can turn tels, the human traffickers, potential take Federal forces to the fire so they over our control of American land to terrorists, they are not inhibited by can go the other way, or, much more cartels and groups from outside this any of that. So they go into that area, practically, if they’re in deep trouble, country and it is acceptable? How and they don’t care what kind of envi- they’ll start a fire to get somebody to many murders are acceptable before we ronmental damage they do. are happy? Is five murders too many? If come and rescue them. Most of the we only have three murders a year hap- Madam Speaker, you have probably fires are started that way. pening on Federal land, is that enough seen these pictures before. This is a We have one now in Coronado, which to satisfy what we are doing? picture of Federal land. This is wilder- is called the Horseshoe Fire. Estimates Look, the bottom line is quite sim- ness land where Americans are not sup- are $10 million that it will cost the tax- ple: what we have been doing is failing, posed to go: no motorized vehicle is payers to fight this fire caused by ille- and we have to do something different. supposed to go; no wheeled vehicle is gal aliens trying to come into this We have to do something different. supposed to go; only on foot with country, not for jobs or for family but Part of it is to use common sense and backpacks or on horseback. That is for to do harm; illegal trafficking, drugs say the Border Patrol should be al- us. Unfortunately, the drug cartels and and, once again, the potential of ter- lowed to go where the Border Patrol the human traffickers come in here and rorism. That’s what we need to deal needs to go. they leave all of their stuff behind. with. That is the issue that is at hand. I have here a picture of one of our They change clothes so they can get There is one last concept with this. Federal lands, once again in Arizona picked up along the highway and go Arizona passed a law dealing with ille- where you see traffic barricades. These further inside the United States ille- gal immigrants. It has been highly con- traffic barricades, nicely put here, are gally. troversial. The merits or the rationale

VerDate Mar 15 2010 02:21 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JN7.060 H17JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE June 17, 2010 CONGRESSIONAL RECORD — HOUSE H4625 of Arizona’s laws notwithstanding, I tant, I hope this Congress recognizes to the USCIS stack of flashcards, and have no intentions of even talking what we’re talking about. I will say, I these are glossies about, I suppose, 21⁄2 about whether I think it is a good or think this Congress has. The language inches by about 5, like a deck of them. bad law. It is insignificant. What is the in House bill 5016 which would solve When we have legal immigrants that reality is that the law was produced be- this problem was passed in this body come to the United States that are cause of the anger, the angst, and the overwhelmingly on a bipartisan vote studying so that they can pass the citi- anxiety that is caused by the funneling on a motion to recommit. The bill to zenship test and receive their natu- of thousands and thousands of drug which it was voted and attached is ralization to become an American cit- dealers and human traffickers into the waiting over in the Senate with very izen, they study the flashcards, very State of Arizona. Because we have done little likelihood of being moved. Sen- much like students study the such a good job in the other area, we ator COBURN in the Senate attached flashcards in, say, math: 2 plus 2 is 4, 3 are now funneling them through those similar language that would help solve plus 3 is 6. I won’t go on any further, Federal lands. The Federal Govern- this problem to an appropriations bill. Madam Speaker, so I don’t make a ment’s action caused that law. And I It was passed by voice vote in the Sen- math error, but these cards that test would think it would be wise, before ate, and then before it came to final the applicants for American citizenship this Federal Government decides to go passage over here in conference com- have a series of questions on them and to Arizona and tell Arizona what they mittee, the language was removed. an answer on the other side. should or should not do internally with Both bodies of this Congress have said There will be questions such as, who their laws, for the Federal Government what they believe should take place, is the father of our country? You snap to realize we are causing the problem and common sense from Americans it over and the other side of that card and for the Federal Government to tells us what should take place. says George Washington. You need to simply go down there on Federal lands Now is the time for us to realize we know that if you’re going to be a cit- and say, It is a Federal responsibility. can no longer simply ignore this situa- izen of the United States of America. The Federal Government will stand up. tion, and it’s our fault. What we have Who emancipated the slaves? Flip the The Federal Government will ensure been doing does not work. We need a card over, Abraham Lincoln. Next that we have control over this terri- better approach. We need to make com- question—actually, this is question No. tory. The Federal Government will monsense situations. We need to have 11: What is the economic system of the stop the worst possible invasion of this our land managers see the higher pic- United States? Free enterprise cap- country by the people who are trying italism is on the other side of that to do harm; mainly, once again, the ture of what is important for this en- card. I don’t think it’s arguable. I don’t drug traffickers, the human traf- tire country, and we need to do it now, think it’s refutable. But neither do I fickers, and the potential terrorists. because the situation gets worse every believe that the administration be- That should be what the 10th Amend- day, every day we wait. lieves what I have just said. I don’t ment is about. That’s the concept of f think they have endorsed free enter- Federalism. We are causing the prob- AMERICAN EXCEPTIONALISM lem and now we are criticizing local prise capitalism. I don’t think they’ve government who is trying to react to The SPEAKER pro tempore. Under been active in it. A small, small per- it; whereas, local government wouldn’t the Speaker’s announced policy of Jan- centage of this administration has need to do that form of reaction if we uary 6, 2009, the gentleman from Iowa signed the front of the paycheck and simply did our job first. (Mr. KING) is recognized for 60 minutes. handed that payroll check over to one Once again, look at the map. That’s Mr. KING of Iowa. Madam Speaker, of their employees. I am one of the peo- the territory, everything that’s col- thank you. ple that has done so. I have started a ored. That’s an open invitation for peo- I appreciate very much the privilege business and created jobs and I have ple to come into this country because to be recognized to address you here on met payroll for, I believe the number is it is so easy. And that’s the problem. the floor of the House of Representa- 1440 consecutive weeks. And because it has been exacerbated, tives in this great deliberative body You learn some things doing that, because it’s happening to a greater ex- that we have. I appreciate the gen- Madam Speaker. You understand and tent, because the damage is worse than tleman from Utah who so eloquently appreciate the free enterprise system. ever before, and because the potential spoke in the previous period of time. We know why people take risks. People harm to this country is so great, this I have a number of things on my go to work so they can make some Congress has to step up and decide that mind that I came here to impart to money. They punch the time clock and we will get these entities together and you, Madam Speaker, and anyone that they punch in and they punch out, and we will establish what the standards would like to overhear our conversa- they get their paycheck and the bene- are. The standards should be very sim- tion. Maybe this would be a good day fits package that comes with that job ple: that not 1 inch of United States to solve a lot of the problems that we because they want to feed their family. property should be given over to a car- have before us and just generally ad- They want to have some walking- tel, and Americans should never be told dress this situation. I won’t go through around money. They want to save up not to go into parts of this country be- all the history of the world to get here, for the future. They want to have the cause it’s too dangerous for America. but I may have to refer once in a while flexibility to go and get some living in We should come up and establish a pol- back to the history of the world to doing some things that cost a little icy that the Border Patrol will have make a reference point so that we can money. open and complete access and no other understand what we’re doing now. This is taking advantage of the lib- agency, especially Interior or Forest This is an America that has been erties and freedoms that we have here Service, will tell the Border Patrol built upon the foundation of a good in the United States. That’s getting a what their job is and how they will do number of things—the pillars of Amer- job and going to work. That’s contrib- it; and that there will be continuous ican exceptionalism. Now, some of uting generally to the free enterprise and routine patrols of our border until these are pretty simple. They are in system. But when an entrepreneur such time as the drug cartels realize the Bill of Rights: freedom of speech, comes up with an idea to start a busi- that it is no longer easy to come into religion, and the press; the freedom to ness or buy an existing business, this country that way. That they will assemble and petition our government maybe transform that business into find some other route is obvious, but for redress of grievances, all in the something different, a vehicle for that this is our responsibility, our First Amendment there. Property them, that really launches our free en- land, and that we clearly are failing, rights that are clearly defined in the terprise system. and that the problem is getting worse Fifth Amendment; freedom from dou- We have seen success models of that every day is our fault and our responsi- ble jeopardy. Then we have a whole se- across the history of America, across bility, and we must take control defi- ries of other rights. the United States of America. We nitely on that. But there are a couple of things that might think of the Carnegies, for ex- I hope this country recognizes what we don’t talk about very much in this ample, back in another era, or J.P. we’re talking about, but, more impor- country, and, that is, if you would go Morgan in another era, or we can be

VerDate Mar 15 2010 02:21 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JN7.061 H17JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE H4626 CONGRESSIONAL RECORD — HOUSE June 17, 2010 thinking also of some of the Rocke- nances, Thomas Jefferson among them. conviction that supports free enter- fellers. Or in today’s world, we can George Washington had some of those prise, and this includes the nationaliza- think of Bill Gates, Steve Jobs, the struggles as well. There were others tion of three large investment banks, founders, respectively, of Microsoft and that had difficulties with their fi- AIG, the insurance company, Fannie Apple. Yes, they made a lot of money, nances. It wasn’t something that they Mae, Freddie Mac, General Motors, and there’s not one dime of it that I be- were handed something they didn’t Chrysler, the entire student loan pro- grudge them because their creativity have to make work or something that gram in America, and now the take- and their discipline, their attitude, didn’t require them to be a manager. over of our own body, our skin, and ev- their hard work, yes, but their smart, Their management of their finances erything inside it called ObamaCare. hard work has done a lot for all of us. and the production of their operations Then in the speech about how to deal Our lives are far better today because had a lot to do with their successes or with the gulf oil spill, which is a dis- we had creative people who injected failures. aster and a tragedy that I don’t think ideas and stimulated this economy; In 1776, Adam Smith touched a nerve we can point our finger at an indi- Bill Gates and Steve Jobs being two of and educated the marketplace of West- vidual who’s to blame at this point, we them. There are many more out there ern civilization, and they began to em- haven’t found out yet what caused it, in the dot-com industry. brace the idea of free enterprise cap- but in that speech, the President raised There are also failures out there, if italism, division of the invisible hand the issue that he would like to move you define failure by starting a busi- managing our economy rather than the forward on cap-and-trade or cap-and- ness and watching it go broke; al- king ordering it to be done or, in a tax. though, I think there are many times later century, the next century, Karl Now, we have a financial reform bill there are lessons learned there that are Marx directing that it all come out of that is in conference right now that’s built upon, and those heretofore fail- central command, from top down. being hammered out. I will add these ures become successes. But my point is Adam Smith’s vision was this, that if up again, and I will take this, Madam that we are a Nation that has em- you have only one brand of bread on Speaker, to a percentage so that we braced free enterprise capitalism. It the shelf and you have a set price for have an understanding of how much of should not be arguable here in the that loaf of bread, you can take the the private sector of this economy has United States. price up well above what it’s worth. If been swallowed up by decisions made, We should not have a knee-jerk reac- people are going to eat bread, they will beginning in the Bush administration, tion that we should go towards a gov- have to pay more than it might be all of those decisions supported wholly ernment takeover of the private sector costing, if there’s competition. As soon by candidate-then and now President in order to solve a temporary economic as company A is competed against by Obama. Three large investment banks, problem. Our default mechanism company B, what can you use to get a AIG, Fannie Mae, Freddie Mac, General should be to free enterprise, to free- market share? Well, you can bake a Motors, Chrysler, now that totals to dom, and we have to let some entities loaf of bread that you sell a little one-third of the private sector activity fail if we’re going to allow our econ- cheaper. You can bake a loaf of bread as described by Professor Boyle at Ari- omy and our Nation to succeed. That’s that’s a little better loaf of bread. You zona State University some months the risk. You have to, once in a while, can package it up a little nicer or pro- ago. When you added to that 171⁄2 per- let the child fall off the bicycle, be- vide a little better service or provide it cent of our economy, which is under- cause when they get up, they’ll be a lot to be a little fresher. Some of the neath the—now the ownership, man- better at it. And you have to, once in a things, cheaper, better, better adver- agement or control of this administra- while, let people achieve and be re- tising, service, packaging, and maybe a tion called ObamaCare, now we’re up to warded for their successes to the full- little fresher. And when you do that, if 51 percent, rounds to 18, remember, 33 est extent, because that’s what inspires you can sell at a lower price a better and 18, 51 percent. The financial serv- more entrepreneurship, more chal- quality product, the invisible hand ices package, which looks like it’s very lenges, and more success. would come into that grocery store and difficult to block and most likely to When you think of the United States instead of paying $1 for a loaf of bread, end up on the President’s desk, as of America, and this is the historical buy that 95 cent loaf of bread that’s a much as I would like to stand in its lesson now that goes back. We look at little better bread than the $1 bread. way, represents by some accounts an- 1776 as our year; the Fourth of July, Pretty soon, company B at 95 cents is other 15 percent of our economy. So 1776, as our year. Think of that time. outselling company A who’s selling now we’re up to 66 percent of our econ- What was going on in that period of their bread for $1. omy swallowed up if the financial history? What was going on in the cul- And so what happens? The quality of package gets to the President’s desk. ture of Western civilization? the bread for company A goes up, the Behind that, cap-and-trade or cap- freshness goes up, the price goes down, and-tax, a tax on everything that b 1515 and this competition goes on day-by- moves in America. It takes energy to Well, let’s see. Not only did the 13 day constantly, transaction-by-trans- move anything. It takes energy for me original colonies declare their inde- action, the invisible hand making that to raise my hand, so many calories pendence from Great Britain, from the selection of a brand of a loaf of bread burned up per pushup. I suppose some- king, but that was the year that Adam or a gallon of milk or a can of beans or body knows that number, Madam Smith published his great work called a T-shirt or a pair of sneakers or a car Speaker. But some say that cap-and- ‘‘Wealth of Nations.’’ My book, I be- on the lot or a plane ticket on the trade is about 8 percent of our econ- lieve, is 1,057 pages long, and you can Internet or any transaction that you omy. I think it’s larger. I think it read through there carefully and learn can think of that a consumer would use grows into being larger. It may well what it’s like to make pins and nails if there’s competition out there and start out at 8 percent. So 66 percent and how to utilize the division of labor the calculus of the consumer. Well, se- that we’re at now, the total, and we to get more efficiency, and everybody lection-by-selection, select market add 8 percent, the cap-and-trade. If the benefits. Adam Smith had the indus- shares and set the prices and provide President is successful in what he trial revolution figured out in 1776 at for the production, directions, and the would like to do, we will have seen 74 the beginning of the first signs of the availability of products because free percent of the private sector economy dawn of the industrial revolution. enterprise capitalism reacts. They have swallowed up and being under the own- We had here in the United States the to compete so they react to market de- ership, management or control of the free enterprise capitalism, part of the mands. Federal Government, 74 percent of our culture. We had a Nation of shop- That’s just a few minutes to explain economy. That leaves—bright math keepers and a Nation of small farmers what that is, and I’d like to have that students—26 percent of the economy that were free to succeed or fail on time in the Oval Office to explain this left over. their own merits or demerits. And we also to the person that sits behind that The engine of our economic growth is know that some of our earlier Presi- desk because I see a lot of signs that free enterprise capitalism, this little dents had real difficulty with their fi- tell me that there isn’t a deep natural simple thing that you can’t pass the

VerDate Mar 15 2010 02:21 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JN7.062 H17JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE June 17, 2010 CONGRESSIONAL RECORD — HOUSE H4627 test to be naturalized as an American spending money, and he is a Keynesian $787 billion rolled up, over $800 billion citizen without at least the risk of hav- economist on steroids. This is a guy in reality. Now, they’re coming back ing that being one of the questions on who didn’t see it Adam Smith’s way. and asking for another few dozen bil- your test. We want everybody in Amer- John Maynard Keynes was the econo- lion dollars, whatever that might be. ica to understand free enterprise cap- mist that believed that you could take Two score and $10 billion perhaps is italism is our economic system that we Federal money, the greenbacks, cash, what their target money is to stimu- have here in the United States, but our and put it into the hands of the Amer- late the economy some more. free enterprise is being swallowed up. ican people and they would take it out But the President said a year-and-a- The margins that are left are 26 per- and spend it, and that would stimulate half ago spend money, spend money, cent, if this falls in the way the Presi- the economy, and you could grow out spend money, that’s what will help the dent is driving it, and we’re going to of an economic crisis just by simply economy. People are hanging onto expect that 26 percent to provide the spending government money. Well, I’ve their dollars because they don’t have taxes and the growth and the economic always thought that that was a ridicu- confidence. You’ve got to spend money. foundation to support all of this gov- lous proposal. I think you have to b 1530 ernment on the other side. produce things that have value and Meanwhile, we’re watching irrespon- market them for a competitive price Some months later, the President sible spending out of this Congress to and build your efficiencies. I believe said, No, now we’re going to have to be the tune of trillions of dollars. Let me this is an economy that’s built on pro- careful, we can’t overspend. We’re just say that I believe I could pull out duction, not on consumption. And if going to have to be frugal, as if we of the top of my head $2.34 trillion in that’s all it was, we could embrace could—one time borrowing a lot of irresponsible spending that’s taken John Maynard Keynes’ idea who actu- money and giving it to people and get- place in about the last year-and-a-half ally spoke and wrote about how he ting them to spend it was going to or a little more. That would be would solve the economic problem in stimulate the economy and solve the wrapped up in the $700 billion in TARP the United States this way. problem. And then, according to who, I spending, the $787 billion in the eco- Keynes said, I want to find an aban- don’t know, the navel gazers in the nomic stimulus plan which 6 percent of doned coal mine. He said, I can solve White House, then you shift gears, and Americans think works out for the all of the unemployment in America. I at a certain point, you spend less. But positive, 96 percent of Americans think just go to an abandoned coal mine and whenever you feel the urge to spend it didn’t work and better off if we drill a whole series of holes into the more, go ahead. ‘‘If it feels good do it’’ hadn’t done it. There are other compo- ground in that abandoned coal mine, seems to be what’s going on with the nents out there with the Fed rolling and I would put American dollars, cash economic strategy of the White House. out funds, et cetera, that rolls it up to money, down the holes, fill the holes So now we have these multiple tril- that number of $2.34 trillion. up with cash, and fill the coal mine up lions of dollars, the interest of which And I listened to and submitted to with garbage, garbage, fill the coal right now consumes 10 percent of our debate after debate that came out of mine up with garbage, and then just budget. The interest on these deficits this side of the aisle over the last sev- turn America’s entrepreneurs loose. that are projected today under the pro- eral years of Democrats, and many of They would go to work digging up that posals of the President by the year them self-professed Blue Dog Demo- money through that garbage. That 2020, 10 years from now, will not be 10 crats, that said we’ve got to have would give them jobs, that would keep percent; it will be 20 percent of our PAYGO rules, we’re going to be them busy, and they would have cash overall budget. PAYGO, we’re going to pay as we go. If to spend, and they would go out and Now, can we understand what this we have to increase spending in one spend it. That was Keynes. means? When we start tapping into area, we’ll have to go find someplace to It may have been tongue-in-cheek, in that—it’s the pie chart we’re talking pay for it by decreasing spending in an- all fairness. I hope it was tongue-in- about here. A 10 percent slice is our in- other area. That’s a philosophy that I cheek, but it accurately reflects terest today; a 20 percent slice of the agree with and I endorse. In fact, I’d go Keynes’ economic theory, and the pie chart becomes the interest in 2020; a little further than that if there’s a President of the United States told me and if interest rates go up and double, way to do it. and others a year ago last February 10 you will see an economic decline that’s But the Blue Dogs have essentially that he believed that Franklin Delano brought about because of higher inter- dropped out of sight. They’re not Roosevelt lost his nerve and didn’t est rates, and you will see a bigger standing there fighting on a budget. spend enough money. If he had spent chunk right away. If interest rates They may be fighting behind the scenes enough money, he would have, accord- double today, our 10 percent slice because what we’re finding out is this ing to the President, spent our way out would be at least 20 percent, and that Speaker is not going to bring a budget of the Great Depression and we could happen in a matter of a few to the floor of this Congress. Since wouldn’t have had to wait for World weeks or months. we’ve had budget rules that began in War II to come along to be the largest So this is serious business, passing 1974 this Congress has always passed a stimulus plan ever. It’s pretty close to this debt along to our children. We budget, always brought a budget to the verbatim. need to figure out how to recover from floor. As difficult as it is to pass it, it So FDR lost his nerve in spending. where we are today. All of this tooth- is a framework, a spending constraint, Today’s President has not lost his paste can’t be put back in the tube; that at least you can point to those nerve. He has spent money way beyond some of it can. Many of the things that line items in that budget and argue any previous President. I think that have been passed and signed into law that an appropriations bill that spends the cumulative total of it all would be need to be repealed right down to their money beyond that breaks our budget, more debt and deficit that has been ac- roots. Much of the money that has but if you don’t have a budget, any cumulated by all the Presidents put to- been spent is gone, we can’t get it kind of irresponsible spending works gether all the way back to George back, but we’re going to have to figure just as good, and that’s what’s going Washington. Someone said that here on out how to service the debt; that on. the floor. I’m not going back to read means pay the interest and pay the There’s not a conscience, there’s not the source of it. I expect it’s true, and principal down and pay the principal a challenge, there’s not a means to try I think I should have to verify it before off. to figure out how to get us back to a I tell you I know it’s true. This Nation shouldn’t be carrying balanced budget. There is no path to do But huge debt that’s been run up by debt, debt that meets or exceeds that that. In fact, the President has driven this President and this Pelosi House which we see in countries like Greece this. He’s advocated for trillions of dol- and the Reid Senate down that hallway or Spain or Ireland or Italy. The Euro- lars of spending. He has signed trillions without regard to how we ever get back pean Union threatens to collapse under of dollars of spending. He has said that from it. And the argument was that we the financial stress that they have be- in order to grow out of this to solve our needed to get money spent into the cause they have loaned money; it’s al- economic problem we need people economy, the stimulus plan, remember most like they’re sitting at a poker

VerDate Mar 15 2010 02:21 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JN7.063 H17JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE H4628 CONGRESSIONAL RECORD — HOUSE June 17, 2010 table playing for chips and writing and they were obviously pregnant, they and reproduced it, copied it over, and each other IOUs around the table. At put them back on the ship and sent stored and saved it during the Dark some point, you have to pay for the them back to Europe. Ages, when nothing happened. drinks and the food that’s coming And this isn’t Steve King that is tell- Madam Speaker, I sometimes tease along. Those chickens are coming ing you these narratives, except that my family on the Irish side of the fam- home to roost in Europe. these came directly from the park offi- ily—which actually seems to be my We don’t need to be there in America. cer at Ellis Island the day that she did wife and my side—I ask, what is it that We’re a different kind of people. We the tour for us. About 2 percent of the Irish are so proud about? What is have a unique vitality in our character, those that arrived at Ellis Island got good about being Irish? Why is it that in our soul. One of the things that is back on the ship, and they were sent on St. Patrick’s Day, everybody’s part of that vitality is that we’ve back to their home country because Irish? They didn’t have very many skimmed the cream off of the crop of they didn’t meet our standards. Even good answers for me, and so I would every donor civilization in the world. when they met our standards, there tease them a little bit and say, well, I Everybody that sent their immigrants wasn’t a welfare program for them; know what they did. I know what the to the United States, they didn’t go out they either needed to have some family Irish did that was unique that no one and get the people that were sitting or some friends to take them in and get else did. A people that, according to out there on the porch that didn’t go to them started, or it was simply that you Freud, couldn’t be psychoanalyzed, but work; these were the industrious ones. have to survive on your own. Go out the Irish did something nobody else These were the entrepreneurs, the cre- and get a job, go to work, start a busi- did. They’re the only ones on the globe ative ones, the ones that had a dream, ness. Offer yourself to do anything, to record history during the Dark Ages that were frustrated because they had wait tables, sweep the floors, clean out when nothing happened. Now that di- the shackles of a dictator that kept the sewers, grab a hammer, or what- minishes their contribution. them from using freedom to grow their ever it might be, and go to work and Their contribution is great because own lifetime success. help build America. And they did. we received, through their contribution Can you imagine if you couldn’t wor- But we got the dreamers. We got the of being the monks and the scribes and ship freely, if you couldn’t go out and passionate ones. We got the smart ones collecting that data and reproducing it get a job, if you couldn’t start a busi- that could understand what America and storing it and saving it from the ness, if you couldn’t even put money in was and is and is to become yet beyond barbarians who burned the books and a bank and trust that you could go get this point where we are today. And burned the writings when they could, it when you needed it? If you couldn’t that vitality and that vigor that beat they saved the knowledge base that trust the rule of law? If you had to in the hearts of the willing immigrants came out of Greek and Roman civiliza- think that there was a different form that came here legally is a great big tion. That knowledge base is rooted of justice for one person because they reason for American exceptionalism. back—out of the Greeks is the Age of were connected better with govern- It’s almost unwritten, it’s almost Reason, the foundations for our science ment than another person, wouldn’t unspoken about, but it is a char- and our technology today, the the- you look at America? Even though acteristic that is an essential compo- orem, the hypothesis, the axiom, the they advertise the streets are paved nent in American exceptionalism, cou- list of those Greek foundational with gold, some of them didn’t realize pled with free enterprise, capitalism, thoughts where Socrates and Plato and that that was figurative, not literal; and the rule of law and religious free- Aristotle and others sat around in the some of them came here and were a lit- dom, and a moral society that is built square in Athens in their togas and tle disappointed to find out our streets on Judeo-Christian values—yes, that’s analyzed and used the version of aren’t paved with gold. But in a way our history and our culture and our knowledge that they had to test each they are, Madam Speaker, they’re heritage. It’s our modern reality, too, other’s ability to be logical and to be paved with gold because we have the perhaps to a smaller degree, but the able to reason. That foundation of rea- rule of law. You can pretty much count core of the character of who we are is soning was preserved by the Irish. on the law treating you the same re- based on our religious faith. And as they deployed back across Eu- gardless of who you are, what you look And so we have a rule of law and a rope with that message, they actually like, or what your particular net worth people that respect God’s laws, so you taught Western Civilization how to might be or who you’re connected to. don’t need as many law enforcement think again, how to think beyond our Lady Justice is blind. If you remember officers. We can use our labor to emotions and our reactions, and how to her standing there with her hands out produce more that has value because take empirical data and crunch that holding the scales of justice, weighing we pay fewer people to put on a badge data and turn it into something that the justice with a blindfold on. In this and a gun and go try to control folks could follow a logical thought and we country, Lady Justice is blind, the rule that are not willing to abide by the could act and react according to actual of law has to apply, and we must de- law. It’s another one of the reasons facts rather than the high blood of fend and uphold the rule of law. why America has risen up and another emotion. It seemed like an odd thing You’ve got to give everybody an op- one of the reasons why we’ve been for the Irish to contribute, to overcome portunity to compete in the market- more successful. your emotions and use reason, but they place for a job or start a business, and And so the vigor that we are in did. we need to hold them accountable to America is being challenged today. And from the Romans—and thanks produce and earn and carry their own Two hundred years ago, you had free again to the Irish scribes—we had the weight. We’ve drifted over into a soci- enterprise capitalism; you had these Roman rule of law. Roman law had ety now where—when my grandmother freedoms. And by the way, it was the spread over most of Western Europe. It came here over a century ago by now, dawn of the Industrial Revolution. We spread through Great Britain, through she arrived in a meritocracy, where had the transfer of the Age of Enlight- England, and it spread into Ireland. they rewarded smart, hard work, and enment that arrived here in the new Even though the Irish had been con- people could succeed without penalty. world at the dawn of the Industrial quered a number of times, they never In fact, when she walked across the Revolution. And remember that from really changed their character very floor of the great hall at Ellis Island, the Greeks, we got the Age of Reason, much, but they helped preserve Roman she would have been one of those arriv- which flowed from Europe. It had to go law, which was reestablished in Eng- ing immigrants where they took a lit- over to Ireland where the Irish could land as old English common law. So tle hook and peeled her eyelids back to save civilization by being the scribes the common law that we use today to look and see if those little white spots that actually copied and preserved the evaluate—and the case law that’s being were in there to indicate an eye dis- classics that came from Greek and decided by our courts across this land ease. They looked people over and Roman literature. We know something is rooted back in old English common checked them to see if they were good about the Greeks and the Romans be- law, which is rooted back in Roman physical specimens. If they had a limp cause the Irish monks and scribes made law. And the Age of Reason from or a bad arm, or even if they came in sure that they gathered all of that data Greece arrived, coming the same way,

VerDate Mar 15 2010 02:21 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JN7.065 H17JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE June 17, 2010 CONGRESSIONAL RECORD — HOUSE H4629 but arrived here in the new world with where he was taken captive by the Rus- civil case where he pretty much lost the English-speaking side of the Age of sians. The Russians put him and three everything that he had. Enlightenment. others into their Russian prisoner of I think there was justice delivered at I also have to couple with that, in war camp, American soldiers. They had least once there, Madam Speaker. these foundations for American great- to eat, and they had to peel the pota- So we want equal justice under the ness, Madam Speaker, two more very toes for the Russian soldiers. Then law. We want all of these foundations, profound things that took place: The they got to eat the dirty potato peel- these pillars of American birth of Christ, where his teachings ings while the potatoes went to the exceptionalism, refurbished and built transformed the civilized world as we Russian soldiers. There were some sto- back up again because America is not knew it then. And we know that faith ries there that told me how poorly he done. We’ve not reached the apex of our and those core values are in our cul- was treated. flight. Even though we may have had ture and our civilization today. And I said to him, Tell me the cir- the malaise II speech a couple of nights the Catholic Church might not have cumstances by which you were taken ago, that’s not the American spirit. We been—the Roman and Eastern Ortho- captive. don’t apologize for who we are, nor do dox, but the Roman Catholic Church He said, Well, you know, the war was we back up from people who challenge that is today might not be and likely over. The German soldiers were gone. us. would not be what it is today if it had We were walking down the street in We look down at the Gulf of Mexico, not been for the Protestant Reforma- Berlin, and the Russians came and and we see an environmental disaster, tion, from Martin Luther, who taught picked us up and arrested us. This was a mess down there. It is a tragedy. It is us the Protestant work ethic. And the he and three others. a tragedy especially for the people who Catholics competed very well with that As he told the story, he said that the live in that gulf area and any place in this country. Russians claimed that there were that that oil might drift. Boy, do we all So I couple the Age of Reason with women in one of the adjacent houses feel bad, especially for those in Lou- the Roman law, and pass that over to and that no soldier was to go near the isiana and beyond, but something went Ireland and spread it back across all of women. Well, that wouldn’t be the his- wrong 5,000 feet below the surface of Western Europe. And we have the Age tory of the Russian soldier, or of the the ocean and 18,000 feet below that of Enlightenment, which began in American for that matter, but that was which caused that well to blow out. France, but the sister to it was the the pretense for picking them up. He The spill that is coming now will be English-speaking side of it in England pointed out that they were all in civil- stopped one day. Going into last week- where free enterprise capitalism ian clothes. end, they were down to 13,800 feet with emerged and came to this country at So I asked, How did the Russians their relief well, and if they hit the col- the dawn of the Industrial Revolution, know you were American enough to umn right, they will be able to shut off arriving in a country that had low or pull you over and arrest you? the leakage in that well. They are no taxation, no regulation, unlimited Now, I thought he might say it was drilling day and night. There is no natural resources as far as they could because of our clothes. I thought he question about that. I expect they’re comprehend them at the time, a con- was going to say it was because of the drilling two holes simultaneously with tinent to settle from sea to shining sea, uniform, actually, but his answer was the Discovery Enterprise, which is the and a vision of manifest destiny for really interesting. drill ship that is sitting there to drill this country. It was, Well, they knew us by our the relief wells that they’re doing. And look what’s been accomplished walk. They’ll get it shut off. in this giant petri dish of freedom and They know American soldiers, even There is a lot of oil out there on the liberty with the components in that from a distance, because of the way we surface, and a lot has drifted into the giant petri dish that I’ve talked about. walk, the way we carry ourselves. marshlands and onto the beaches. We We have become the unchallenged When you think about that, you know, will get it cleaned up. I don’t know how greatest Nation in the world with a if you see a shadow of a bird hopping long it will take, nor what it will look vigor and a vitality and a character all out on the grass, you know that a robin like. But I do know this, that in 1979 our own. hops differently from some other kind there was a massive spill of an oil well, There is something unique about of a bird. If you watch them in flight, a blow-out down off the Yucatan Pe- being an American, we need to under- you see their gait, and you know. Yet ninsula. That well spilled about three- stand that; it’s not something to apolo- you would think that human beings and-a-third million gallons of oil. Now, gize for. We have an extra blessing would have a similar gait. Americans as of a few days ago, the calculus was here, and that comes about because of have a distinct gait about the way we about one-and-a-quarter million gal- the things that I’ve talked about and handle ourselves and especially during lons of oil that had come out of this others that I haven’t mentioned yet to- that period of time when America had hole down off the gulf. Now we’re see- night. We have an extra blessing, an complete confidence in everything that ing numbers that are way beyond that, extra vigor. we were doing. and no one knows who to believe, So there is something unique about whether it’s BP or the government or b 1545 being an American, and we need to somebody who is looking at those num- There is something about us. Maybe keep these precious gifts that we have. bers. there is a little bit of an American at- We’ve got to do our work. We’ve got to Though, I can tell you this: it has titude. You know, I don’t know. It may take our responsibility. We’ve got to been a decade or two since people have be Muhammad Ali who said, If you can bring this country away from the wel- worried about going down to the Yuca- do it, it ain’t bragging. We should be fare state that we have become. We’ve tan Peninsula because of that oil leak. ebullient of our character and of the got to hold people accountable with the They’ve gotten it cleaned up. The im- things that we do. We should also have rule of law and apply the law equally pact of it has been minimized dramati- confidence. to everyone regardless of race, eth- cally. We will get Louisiana cleaned I have a constituent who has since nicity, national origin or any other up. We will get our coasts cleaned up. passed away, who was a man of high privilege that there might be—the O.J. We will look back on this time. values and faith and character—World version of justice, as we see it, if you What I’m interested in is stopping War II veteran Arrie Oliver. I got to juxtapose the criminal case versus the the leak and, yes, in cleaning up the know him well. I interviewed him on civil. mess. I want to bring every ship in here his World War II experience in a video I think most of America knows the that can go out there and set up a that, I believe, we have now stored over facts of what happened; but to me, sweep system, and I don’t see any rea- at the archives in the Library of Con- there appeared to be a different version son for the President not to suspend gress. He served in Germany in World of justice for O.J. Simpson in the the Jones Act and to go around and do War II for the United States Army. criminal case than he might have got- a mea culpa to America and bring in At the end of the invasion of Berlin, ten if he hadn’t had the money, the no- every ship we can to recover as much he was there in the American sector toriety or the fame as compared to the oil as possible off the surface of the

VerDate Mar 15 2010 02:21 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JN7.066 H17JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE H4630 CONGRESSIONAL RECORD — HOUSE June 17, 2010 ocean rather than having to vacuum it This is a society that we’ve built. We big blow-out, to bring in equipment, to up out of the wetlands and to clean it have poured millions of people into dredge up and set up, and to create bar- and take it out of the sand on our this country illegally who have sup- rier islands. Yet this administration beaches. We need to get it while it’s on pressed the wages of the lower skilled said, No, thank you. Not only didn’t he the surface of the water, and that so that the high school dropouts can’t suspend the Jones Act. He said, No, means surrounding the oil slick in the find places to punch the clock to earn thank you, and sent them on their way. plume and starting to herd that back enough money so that they don’t have No, we don’t want you coming over in. to go on some type of public assistance. here. Maybe you’ll remember the comedy There will be food stamps there. There The truth is the Jones Act would be routine that Emmett Kelly did, the cir- will be a rent subsidy. There will be a so easy to suspend. Back during these cus clown, where he went out—and heat subsidy. There will be at least 69 past months, it would have been so many of us have seen the movie—and other Federal programs. We thought easy to suspend. All you’d have to do is he didn’t know what his show was that we reformed welfare here in the to make one phone call; get your staff going to be or what he was going to do. mid-1990s. It only brought things to a to have DOE, Customs and Border Pro- He walked out into the spotlight under plateau. Then the welfare spending tection, and Maritime sign off. Then the big top at the circus, and he took a started to grow again. they could bring it to you, and you broom, and he began to sweep the edge So we are a dependency society. The could have it right there on the golf of the spotlight in. The person running President of the United States and the course so that when you’d finish the the spotlight figured out what was members of his party know full well ninth green putting, you could just going on, and he cut a cardboard cut- that expanding the dependency class in sign off on suspending the Jones Act out, and put it over the light, way up America expands their political base. before you’d tee off on the tenth tee. It on top of the big top, and he began to They are cynically growing the depend- would be that easy to do. shrink that light up on the inside ency class in America so that they In the meantime, if that had been where it was emitted, and he shrunk it have a stronger political foundation so done early on when the Netherlands as Emmett Kelly swept the circle. that they can stay in power—so that and England and others volunteered, it When it was done, they were able to co- the elitists can stay in power. would have meant the saving of the ordinate where he swept the light Well, I happen to have a good friend livelihoods of thousands upon thou- under the rug and eliminated it. on the floor of the House right now who sands of people on the gulf coast. It That’s what we need to do with this is anything but an elitist, unless there would have meant the saving of wild- oil spill. We need to take that oil spill happens to be some kind of company life all through those marshes where and start on the outside and start that would be made up of smart people, oil is getting up in there. It would have bringing that together and bring well-educated judges from Texas who been a terrific and a tremendous help enough rigs in so we can get it done will stand and fight, who are naturally had they been willing to just tell the and so we can recover the oil that can born with a spine, who have been refur- unions, Look, we know you don’t want be recovered from the surface. We need bished by education and life’s experi- the Jones Act suspended. It won’t be to take it off of the surface of the ences and, hopefully, a little bit by the for long, but we’re talking about sav- ocean. If we don’t have every ship friendship of mine. ing countless lives of wildlife in the there, doing that that we can do now, So I offer as much time as may be area as well as the livelihoods of so we need to bring them. consumed by the gentleman of Texas, many. If the Jones Act stands in the way, Judge GOHMERT. I don’t know if my friend from Iowa the White House, of course, is going to Mr. GOHMERT. Well, I thank my has heard, but I read here on the floor be protective. They’re less inclined friend from Iowa so much. In fact, I an article regarding British Petro- than President Bush to waive the had some dear friends—and I, actually, leum’s relationship with the global Jones Act. I think there needs to be a have them here present—one whom my warming bill. It makes sense why they powerful call for the President of the wife and I taught in Sunday school 20 would have waited so long to jump on United States to waive the Jones Act. years or so ago and who is here with BP, to get mad at them and to say, So we have some things to do to fix her mom. Anyway, she was saying she We’ve got our feet on their neck, and up America—free enterprise, lower really enjoyed Steve King’s Special Or- all this stuff, because it turns out that taxes, lower regulations, and more in- ders, and so I thought I might pass that BP was the one Big Oil company that spiration for people to have opportuni- on. was signing on to all the global warm- ties to go out and earn, save, invest, I also had heard my friend mention ing stuff. and succeed. People need to be held ac- the Jones Act and how President Bush I’m sorry. I say ‘‘global warming,’’ countable for their actions. People was able to suspend it. It’s interesting, but we know, since apparently the need to be rewarded for the things that when you put things in perspective, planet has started cooling, they’ve they do well and punished for the how sometimes they appear different. changed the name and have said, things that they do bad. That’s the Back at the time that Hurricane Please call it ‘‘climate change,’’ be- America we need to be in. Today, we Katrina hit, some people thought he cause it doesn’t do to be pushing global are in a welfare state. It is a fact. waited too long. Hurricane Katrina hit warming bills when it turns out the This is a report that was done by on August 29, 2005. On September 1, world may be cooling, as South Africa Robert Rector of the Heritage Founda- President Bush suspended the Jones found out this week with the snow tion. He studied families, families of Act so foreign ships could come in and down there. four, that were headed by high school help. They helped put people up. They dropouts. This is without regard to helped bring things that people could b 1600 their immigration status. So they use to help clean up. So there was But, anyway, turns out that on April could have been legal, illegal, natural Katrina on August 29. On September 1, 22, Senator JOHN KERRY, Democrat born or naturalized; but they were high he suspended it through September 19. from Massachusetts, was on the phone school dropouts. They would, on aver- I know there are some who say, well, it with allies in his push for climate leg- age, draw down $32,000 a year in public probably takes a lot of things. Actu- islation and telling them he was rolling benefits—a family of four, headed by a ally, it has to be signed off on by Cus- out the bill that very day with three high school dropout. They would on av- toms and Border Protection, by the De- oil companies, including British Petro- erage pay $9,000 a year in taxes. The partment of Energy and by the Mari- leum. They were supporting him on his difference to the dollar, I remember, is time Administration. climate change, global warming bill, $22,449 a year as the net cost to a tax- But guess what? Those are all White and they were supporting the White payer for a household headed by a high House appointments, so it’s just get- House. And so, of course, they were re- school dropout, because, at their skill ting the people who work for him to luctant to jump on the oil company levels, no matter how hard they work, sign on. That’s no big deal. that was being such a big help to them. they can’t earn enough money to sus- Apparently, the Netherlands offered But what we found is once they saw tain themselves in this society. within a few days of the disaster, of the that the United States was angry and

VerDate Mar 15 2010 02:21 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JN7.067 H17JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE June 17, 2010 CONGRESSIONAL RECORD — HOUSE H4631 that this was going to be nothing but from Interior, June of 2009. How ironic. statement that I needed to make was trouble, well, they were willing to That’s 10 years after the 1998–1999 this: I’m looking forward to the inter- throw their friends under the bus and leases during the Clinton administra- ception of the hole in the relief wells then talk about boots on their throat tion had that language pulled out. Ten that are being drilled down almost and wanting to kick some rear ends. years later, she comes out from British 14,000 feet, just going into last weekend We had a hearing today in our Nat- Petroleum and goes to work for the In- when I last went back and checked, so ural Resources Committee and we had terior Department for Minerals Man- I presume that they are approaching the new Acting Director of Minerals agement. It’s really interesting be- their goal. But it’s very difficult to Management Service. We had the new cause, well, 10 years. That always rings thread that needle and be 4 miles away Acting Inspector General of the De- a bill. Oh, yeah. Unless it’s murder, the and hit that. It’s a very difficult thing partment of the Interior, and I was statute of limitations is normally a to do. But when they do get it done, asking that, since we’d had hearings a maximum of 10 years, unless anything. when they cap this well off and get the few years ago on why the price adjust- So that’s probably good news if there relief well drilled and successfully seal ment language was pulled out of the was anything that went wrong back this off, doing what they actually did offshore leases in 1998 and 1999—this there, that was done that shouldn’t in 1979 when they had that huge oil was a few years ago, the prior Inspec- have been done. Ten years. spill when they had the blowout in the tor General—the Inspector General So just answer the question. Why did well off the Yucatan Peninsula down in said, Well, we can’t get to the bottom you pull that language out before you southern Mexico, when they shut that of why the price adjustment language went to work for British Petroleum off, then I expect—and I haven’t had a was pulled out, but clearly, at the and helped big oil companies make so conversation with anybody in BP or time, it had cost our country hundreds much money? So that’s a matter of anybody that’s more knowledgeable of millions—and I’m informed now that concern, continues to be a matter of than me, but I expect then we will be that’s billions and billions of dollars— concern. able to go down with robotics and cut that should have gone as revenue from I did ask the Acting Director of the casing off and recover the blowout the offshore rigs but has gone into the MMS, since we know that the only en- preventer. If that can come, if we can pockets of some of the big oil compa- tity within Minerals Management that bring the blowout preventer up to the nies that executed those lists in 1998– is allowed to be unionized is the off- surface and then test that BOP, at that 1999. And it turns out, the Inspector shore inspectors, I asked, Now, we point we will at least be able to have a General said, But I haven’t been able to know you’re dividing MMS up into more effective theory on what went question the two people with the most three groups, three parts. The prior Di- wrong. That’s what I am interested in information—because they could prob- rector had indicated that she didn’t more than anything else. ably explain this—because they’re no know if they might all unionize or not, I want the well shut off. I want it longer with the government. And I didn’t really know. So I asked the new cleaned up. But I want to know what said, Well, where are they? Acting Director. He didn’t know. That went wrong. And the President has fro- They’re not with the government. may happen. Now, there’s only one lit- Well, why can’t you call them? zen and issued an order to stop all tle part of MMS that’s unionized—the They’re not with the government. drilling offshore for 6 months. Even if When you’re talking about hundreds offshore inspectors. Now they may we find out what went wrong and find of millions and now billions of dollars, unionize all of those, and they’ll have out it was human error, mechanical you would think they would want to three different agencies to do it with. error, they still seem to be determined know their version of what happened. So that was interesting to find out that they’re going to crush the econ- Because if there’s billions and billions today. omy in that part of the country. of dollars that have gone to Big Oil And when I asked if he thought it The economic damage of oil drifting that should have gone in our Federal was a good idea that a father and son to shore is a heavy load economically, Treasury because it should have been team were the last two inspectors to go and environmentally it takes a long royalty if these people had not pulled out to before the time to recover, but also the economic that language out of those leases, then blowout, he said he didn’t seem to see damage of shutting off all of those jobs you would figure somebody would want anything wrong with it being a father that are supported by the drilling is a to know if they got something in re- and son. I’m going, This is your check painful thing to watch that kind of turn for that. What made you pull that and balance. This is what we were told. judgment from the President of the language? Because the best we could This ensures that both inspectors are United States. tell from hearing a few years ago, it ap- doing their job, because they know the Mr. Speaker, I acknowledge that we peared they were given information other is watching them and will report must have run out of time. For that that, Look, the language is not in here them if they don’t do their job. And he cause, I will be happy to yield back. didn’t have a problem with that being on price adjustment. Don’t you want f that in there? And they never talked to father and son, didn’t see that that was them. They weren’t with the govern- a problem. RECESS ment anymore. I’m telling you, Mr. Speaker, when The SPEAKER pro tempore (Mr. Well, it turns out one of the two had the heads of these agencies don’t see a KISSELL). Pursuant to clause 12(a) of gone to work for a company—perhaps father and son as a problem being the rule I, the Chair declares the House in you’ve heard of them—called British last two inspectors to go to Deepwater recess subject to the call of the Chair. Petroleum. Went there in 2001, when Horizon and they are their own checks Accordingly (at 4 o’clock and 9 min- the Clinton administration left, and and balances to make sure that those utes p.m.), the House stood in recess served in different positions; one as di- inspections are properly done, we’ve subject to the call of the Chair. rector of British Petroleum Shipping got a problem. And it’s not British Pe- f Limited in London, vice president for troleum. They’re one problem, and British Petroleum North America in they need to be dealt with—and should b 1928 be. Because we’ve already seen the ad- L.A., and also one other position with AFTER RECESS BP before she came back. ministration now willing to throw So I asked the Acting Inspector Gen- their good friends under the bus. But The recess having expired, the House eral, Now that we have found out that we do need to clean up this cozy rela- was called to order by the Speaker pro Ms. Baca is back with the Interior De- tionship that the President’s talked tempore (Mrs. KIRKPATRICK of Arizona) partment, now you surely have asked about and that he helped create in the at 7 o’clock and 28 minutes p.m. her why that language was pulled out. Minerals Management Service. f What did she say? I yield to my friend from Iowa. Oh, I didn’t know she was part of any Mr. KING of Iowa. I thank the gen- ADJOURNMENT TO MONDAY, JUNE of that. tleman from Texas. 21, 2010 And what struck me, and call me I am standing here thinking that I Ms. MARKEY of Colorado. Madam cynical, but we found the press release started down this subject matter, and a Speaker, I ask unanimous consent that

VerDate Mar 15 2010 02:21 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JN7.069 H17JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE H4632 CONGRESSIONAL RECORD — HOUSE June 17, 2010 when the House adjourns today, it ad- rules were suspended and the concur- agreements is dedicated to peaceful journ to meet at 11 a.m. on Monday rent resolution was agreed to. uses, subject to transparency meas- next and further, that when the House A motion to reconsider was laid on ures, and protected from diversion to adjourns on that day, it adjourn to the table. activities of proliferation concern. The meet at 12:30 p.m. on Tuesday, June 22, f accumulation of a large volume of 2010, for morning-hour debate. weapons-usable fissile material in the The SPEAKER pro tempore. Is there COMMUNICATION FROM THE territory of the Russian Federation objection to the request of the gentle- CLERK OF THE HOUSE continues to pose an unusual and ex- woman from Colorado? The SPEAKER pro tempore laid be- traordinary threat to the national se- There was no objection. fore the House the following commu- curity and foreign policy of the United f nication from the Clerk of the House of States. For this reason, I have deter- Representatives: mined that it is necessary to continue SUPPORTING AMERICAN OFFICE OF THE CLERK, the national emergency declared with EDUCATION WEEK Washington, DC, June 17, 2010. respect to the risk of nuclear prolifera- The SPEAKER pro tempore. The un- Hon. , tion created by the accumulation of a finished business is the question on The Speaker, House of Representatives, large volume of weapons-usable fissile suspending the rules and agreeing to Washington, DC. material in the territory of the Rus- the resolution (H. Res. 879) supporting DEAR MADAM SPEAKER: Pursuant to the sian Federation and maintain in force permission granted in Clause 2(h) of Rule II the goals and ideals of American Edu- these emergency authorities to respond of the Rules of the U.S. House of Representa- to this threat. cation Week, as amended. tives, I have the honor to transmit a sealed The Clerk read the title of the resolu- envelope received from the White House on . tion. Thursday, June 17, 2010 at 4:24 p.m., and said THE WHITE HOUSE, June 17, 2010. The SPEAKER pro tempore. The to contain a message from the President f question is on the motion offered by whereby he submits to the Congress a copy LEAVE OF ABSENCE the gentlewoman from California (Ms. of a notice filed earlier with the Federal Register continuing the emergency with re- By unanimous consent, leave of ab- WATSON) that the House suspend the spect to Russian Highly Enriched Uranium sence was granted to: rules and agree to the resolution, as first declared in Executive Order 13159 of Ms. MOORE of (at the re- amended. June 21, 2000. quest of Mr. HOYER) for today on ac- The question was taken; and (two- With best wishes, I am count of family business. thirds being in the affirmative) the Sincerely, Mr. CHILDERS (at the request of Mr. rules were suspended and the resolu- LORRAINE C. MILLER. HOYER) for today on account of official tion, as amended, was agreed to. f business in district. A motion to reconsider was laid on the table. CONTINUATION OF THE NATIONAL f EMERGENCY WITH RESPECT TO f SPECIAL ORDERS GRANTED THE RISK OF NUCLEAR PRO- By unanimous consent, permission to LIFERATION CREATED BY THE COMMENDING HOLLYWOOD WALK address the House, following the legis- ACCUMULATION OF WEAPONS- OF FAME ON 50TH ANNIVERSARY lative program and any special orders USABLE FISSILE MATERIAL IN The SPEAKER pro tempore. The un- heretofore entered, was granted to: finished business is the question on THE TERRITORY OF THE RUS- (The following Members (at the re- SIAN FEDERATION—MESSAGE suspending the rules and agreeing to quest of Ms. WOOLSEY) to revise and ex- the resolution (H. Res. 1357) com- FROM THE PRESIDENT OF THE tend their remarks and include extra- mending and congratulating the Holly- UNITED STATES (H. DOC. NO. 111– neous material:) wood Walk of Fame on the occasion of 123) Ms. WOOLSEY, for 5 minutes, today. its 50th anniversary. The SPEAKER pro tempore laid be- Mr. MCDERMOTT, for 5 minutes, The Clerk read the title of the resolu- fore the House the following message today. tion. from the President of the United Ms. KAPTUR, for 5 minutes, today. The SPEAKER pro tempore. The States; which was read and, together Mr. DEFAZIO, for 5 minutes, today. question is on the motion offered by with the accompanying papers, referred (The following Members (at the re- the gentlewoman from California (Ms. to the Committee on Foreign Affairs quest of Mr. GRAVES of Georgia) to re- WATSON) that the House suspend the and ordered to be printed: vise and extend their remarks and in- rules and agree to the resolution. To the Congress of the United States: clude extraneous material:) The question was taken; and (two- Section 202(d) of the National Emer- Mr. MORAN of Kansas, for 5 minutes, thirds being in the affirmative) the gencies Act (50 U.S.C. 1622(d)) provides June 24. Ms. FOXX, for 5 minutes, today. rules were suspended and the resolu- for the automatic termination of a na- Mr. WESTMORELAND, for 5 minutes, tion was agreed to. tional emergency unless, prior to the today. A motion to reconsider was laid on anniversary date of its declaration, the Mr. POE of Texas, for 5 minutes, June the table. President publishes in the Federal Reg- 24. ister and transmits to the Congress a f Mr. JONES, for 5 minutes, June 24. notice stating that the emergency is to RECOGNIZING 235TH BIRTHDAY OF continue in effect beyond the anniver- f U.S. ARMY sary date. In accordance with this pro- ADJOURNMENT The SPEAKER pro tempore. The un- vision, I have sent to the Federal Reg- Ms. MARKEY of Colorado. Madam finished business is the question on ister for publication the enclosed no- Speaker, I move that the House do now suspending the rules and agreeing to tice stating that the emergency de- adjourn. the concurrent resolution (H. Con. Res. clared in Executive Order 13159 of June The motion was agreed to; accord- 286) recognizing the 235th birthday of 21, 2000, with respect to the risk of nu- ingly (at 7 o’clock and 33 minutes the United States Army. clear proliferation created by the accu- p.m.), under its previous order, the The Clerk read the title of the con- mulation of a large volume of weapons- House adjourned until Monday, June current resolution. usable fissile material in the territory 21, 2010, at 11 a.m. The SPEAKER pro tempore. The of the Russian Federation is to con- f question is on the motion offered by tinue beyond June 21, 2010. the gentleman from Texas (Mr. ORTIZ) It remains a major national security OATH FOR ACCESS TO CLASSIFIED that the House suspend the rules and goal of the United States to ensure INFORMATION agree to the concurrent resolution. that fissile material removed from Under clause 13 of rule XXIII, the fol- The question was taken; and (two- Russian nuclear weapons pursuant to lowing Members executed the oath for thirds being in the affirmative) the various arms control and disarmament access to classified information:

VerDate Mar 15 2010 02:21 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\K17JN7.071 H17JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE June 17, 2010 CONGRESSIONAL RECORD — HOUSE H4633 Neil Abercrombie*, Gary L. Ackerman, Gillibrand*, Phil Gingrey, Louie Gohmert, , Eleanor Holmes Norton, Robert B. Aderholt, John H. Adler, W. Todd Bob Goodlatte, Charles A. Gonzalez, Bart Devin Nunes, Glenn C. Nye, James L. Ober- Akin, Rodney Alexander, Jason Altmire, Gordon, Kay Granger, , Tom star, David R. Obey, John W. Olver, Pete Robert E. Andrews, Michael A. Arcuri, Steve Graves, Alan Grayson, Al Green, Gene Green, Olson, Solomon P. Ortiz, William L. Owens, Austria, Joe Baca, Michele Bachmann, Spen- Parker Griffith, Rau´ l M. Grijalva, Brett Frank Pallone Jr., Bill Pascrell Jr., Ed Pas- cer Bachus, Brian Baird, Tammy Baldwin, J. Guthrie, Luis V. Gutierrez, John J. Hall, tor, Ron Paul, Erik Paulsen, Donald M. Gresham Barrett, John Barrow, Roscoe G. Ralph M. Hall, Deborah L. Halvorson, Phil Payne, Nancy Pelosi, Mike Pence, Ed Bartlett, Joe Barton, Melissa L. Bean, Xa- Hare, Jane Harman, Gregg Harper, Alcee L. Perlmutter, Thomas S.P. Perriello, Gary C. vier Becerra, Shelley Berkley, Howard L. Hastings, Doc Hastings, Martin Heinrich, Peters, Collin C. Peterson, Thomas E. Petri, Berman, Marion Berry, Judy Biggert, Brian Dean Heller, Jeb Hensarling, Wally Herger, Pedro R. Pierluisi, Chellie Pingree, Joseph P. Bilbray, Gus M. Bilirakis, Rob Bishop, Stephanie Herseth Sandlin, Brian Higgins, R. Pitts, Todd Russell Platts, Ted Poe, Jared Sanford D. Bishop Jr., Timothy H. Bishop, Baron P. Hill, James A. Himes, Maurice D. Polis, Earl Pomeroy, Bill Posey, David E. Marsha Blackburn, Earl Blumenauer, Roy Hinchey, Rube´n Hinojosa, Mazie K. Hirono, Price, Tom Price, Adam H. Putnam, Mike Blunt, John A. Boccieri, John A. Boehner, Jo Paul W. Hodes, Peter Hoekstra, Tim Holden, Quigley, George Radanovich, Nick J. Rahall Bonner, Mary Bono Mack, John Boozman, Rush D. Holt, Michael M. Honda, Steny H. II, Charles B. Rangel, Denny Rehberg, David Madeleine Z. Bordallo, Dan Boren, Leonard Hoyer, Duncan Hunter, Bob Inglis, Jay Ins- L. Boswell, Rick Boucher, Charles W. lee, Steve Israel, Darrell E. Issa, Jesse L. G. Reichert, Silvestre Reyes, Laura Richard- Boustany Jr., Allen Boyd, Bruce L. Braley, Jackson Jr., Sheila Jackson Lee, Lynn Jen- son, Ciro D. Rodriguez, David P. Roe, Harold Kevin Brady, Robert A. Brady, , kins, Eddie Bernice Johnson, Henry C. Rogers, Mike Rogers (AL–03), Mike Rogers Paul C. Broun, Corrine Brown, Ginny Brown- ‘‘Hank’’ Johnson Jr., Sam Johnson, Timothy (MI–08), , Thomas J. Roo- Waite, Henry E. Brown Jr., Vern Buchanan, V. Johnson, Walter B. Jones, Jim Jordan, ney, Peter J. Roskam, Ileana Ros-Lehtinen, Michael C. Burgess, Dan Burton, G.K. Steve Kagen, Paul E. Kanjorski, Marcy Kap- Mike Ross, Steven R. Rothman, Lucille Roy- Butterfield, Steve Buyer, Ken Calvert, Dave tur, Patrick J. Kennedy, Dale E. Kildee, bal-Allard, Edward R. Royce, C.A. Dutch Camp, John Campbell, Eric Cantor, Anh ‘‘Jo- Carolyn C. Kilpatrick, Mary Jo Kilroy, Ron Ruppersberger, Bobby L. Rush, Paul Ryan, seph’’ Cao, Shelley Moore Capito, Lois Kind, Peter T. King, Steve King, Jack King- Tim Ryan, Gregorio Sablan, John T. Salazar, Capps, Michael E. Capuano, Dennis A. ston, Mark Steven Kirk, Ann Kirkpatrick, Linda T. Sa´ nchez, Loretta Sanchez, John P. Cardoza, , Christopher P. Car- Larry Kissell, Ron Klein, John Kline, Su- Sarbanes, Steve Scalise, Janice D. ney, Andre´ Carson, John R. Carter, Bill zanne M. Kosmas, Frank Kratovil Jr., Doug Schakowsky, Adam B. Schiff, Jean Schmidt, Cassidy, Michael N. Castle, Kathy Castor, Lamborn, Leonard Lance, James R. Aaron Schock, Kurt Schrader, Allyson Y. Jason Chaffetz, Ben Chandler, Travis W. Langevin, Rick Larsen, John B. Larson, Tom Schwartz, David Scott, Robert C. ‘‘Bobby’’ Childers, Judy Chu, Donna M. Christensen, Latham, Steven C. LaTourette, Robert E. Scott, F. James Sensenbrenner Jr., Jose´ E. Yvette D. Clarke, Wm. Lacy Clay, Emanuel Latta, Barbara Lee, Christopher John Lee, Serrano, Pete Sessions, Joe Sestak, John B. Cleaver, James E. Clyburn, Howard Coble, Sander M. Levin, Jerry Lewis, John Lewis, Shadegg, Mark Shauer, Carol Shea-Porter, Mike Coffman, Steve Cohen, Tom Cole, K. John Linder, Daniel Lipinski, Frank A. Brad Sherman, John Shimkus, Heath Shuler, Michael Conaway, Gerald E. Connolly, John LoBiondo, David Loebsack, Zoe Lofgren, Bill Shuster, Michael K. Simpson, Albio Conyers Jr., Jim Cooper, Jim Costa, Jerry F. Nita M. Lowey, Frank D. Lucas, Blaine Sires, , Louise McIntosh Slaugh- Costello, Joe Courtney, Ander Crenshaw, Luetkemeyer, Ben Ray Luja´ n, Cynthia M. ter, Adam Smith, Adrian Smith, Christopher Mark S. Critz, Joseph Crowley, Henry Lummis, Daniel E. Lungren, Stephen F. H. Smith, Lamar Smith, Vic Snyder, Hilda Cuellar, John Abney Culberson, Elijah E. Lynch, Carolyn McCarthy, Kevin McCarthy, L. Solis*, Mark E. Souder*, Zachary T. Cummings, Kathleen A. Dahlkemper, Artur Michael T. McCaul, Tom McClintock, Betty Space, Jackie Speier, John M. Spratt Jr., Davis, Danny K. Davis, Geoff Davis, Lincoln McCollum, Thaddeus G. McCotter, Jim Bart Stupak, Cliff Stearns, John Sullivan, Davis, Susan A. Davis, Nathan Deal*, Peter McDermott, James P. McGovern, Patrick T. Betty Sutton, John S. Tanner, Ellen O. A. DeFazio, Diana DeGette, Bill Delahunt, McHenry, John M. McHugh*, Mike McIntyre, Tauscher*, Gene Taylor, Harry Teague, Lee Rosa L. DeLauro, Charles W. Dent, Theodore Howard P. ‘‘Buck’’ McKeon, Michael E. E. Deutch, Lincoln Diaz-Balart, Mario Diaz- McMahon, Cathy McMorris Rodgers, Jerry Terry, Bennie G. Thompson, Glenn Thomp- Balart, Norman D. Dicks, John D. Dingell, McNerney, Connie Mack, Daniel B. Maffei, son, Mike Thompson, Mac Thornberry, Todd Charles Djou, Lloyd Doggett, Joe Donnelly, Carolyn B. Maloney, Donald A. Manzullo, Tiahrt, Patrick J. Tiberi, John F. Tierney, Michael F. Doyle, David Dreier, Steve Kenny Marchant, Betsy Markey, Edward J. Dina Titus, Paul Tonko, Edolphus Towns, Driehaus, John J. Duncan Jr., Chet Edwards, Markey, Jim Marshall, Eric J.J. Massa*, Jim Niki Tsongas, Michael R. Turner, Fred Donna F. Edwards, Vernon J. Ehlers, Keith Matheson, Doris O. Matsui, Kendrick B. Upton, Chris Van Hollen, Nydia M. Ellison, Brad Ellsworth, , Meek, Gregory W. Meeks, Charlie Melancon, Vela´ zquez, Peter J. Visclosky, , Eliot L. Engel, Anna G. Eshoo, Bob John L. Mica, Michael H. Michaud, Brad Mil- Timothy J. Walz, Zach Wamp, Debbie Etheridge, Eni F.H. Faleomavaega, Mary ler, Candice S. Miller, Gary G. Miller, George Wasserman Schultz, Maxine Waters, Diane Fallin, Sam Farr, Chaka Fattah, Bob Filner, Miller, Jeff Miller, Walt Minnick, Harry E. Watson, Melvin L. Watt, Henry A. Waxman, Jeff Flake, John Fleming, J. Randy Forbes, Mitchell, Alan B. Mollohan, Dennis Moore, Anthony D. Weiner, Peter Welch, Lynn A. Jeff Fortenberry, Bill Foster, Virginia Foxx, Gwen Moore, James P. Moran, Jerry Moran, Westmoreland, Robert Wexler*, Ed Whitfield, Barney Frank, Trent Franks, Rodney P. Christopher S. Murphy, Patrick J. Murphy, Charles A. Wilson, Joe Wilson, Robert J. Frelinghuysen, Marcia L. Fudge, Elton Scott Murphy, Tim Murphy, John P. Wittman, Frank R. Wolf, Lynn C. Woolsey, Gallegly, John Garamendi, Scott Garrett, Murtha*, Sue Wilkins Myrick, Jerrold Nad- David Wu, John A. Yarmuth, C.W. Bill Jim Gerlach, Gabrielle Giffords, Kirstenh E. ler, Grace F. Napolitano, Richard E. Neal, Young, Don Young. BUDGETARY EFFECTS OF PAYGO LEGISLATION Pursuant to Public Law 111–139, Mr. SPRATT hereby submits, prior to the vote on passage, the attached estimate of the costs of the bill H.R. 5297 (Small Business Lending Fund Act of 2010), as amended pursuant to H. Res. 1436 and H. Res. 1448, for printing in the CONGRESSIONAL RECORD.

STATUTORY PAY-AS-YOU-GO EFFECTS FOR H.R. 5297, AS AMENDED PURSUANT TO H. RES. 1436 AND H. RES. 1448 [In millions, by fiscal year]

Net Impact on the Deficita 2010– 2010– 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2015 2020

H.R. 5486, Small Business Tax Relief Act of 2010, as passed the House ...... 137 ¥112 ¥248 ¥512 ¥553 ¥5,279 5,372 ¥201 ¥634 ¥731 ¥795 ¥6,569 ¥3,558 H.R. 5297, Small Business Lending Fund Act of 2010 (including Manager’s amendment, as modified, pursuant to H. Res. 1436) ...... 10,000 19,481 ¥983 ¥1,051 ¥1,349 ¥19,909 ¥2,580 ¥773 ¥484 ¥287 ¥170 6,189 1,896 Amendments to H.R. 5297: Israel ...... 0 0 0 0 0 0 0 0 0 0 0 0 0 Nye ...... 0 0 0 0 0 0 0 0 0 0 0 0 0 Minnick, as modified...... 0 0 0 0 0 0 0 0 0 0 0 0 0 Perlmutter ...... 0 0 0 0 0 0 0 0 0 0 0 0 0 Al Green of TX ...... 0 0 0 0 0 0 0 0 0 0 0 0 0 Michaud ...... 0 0 0 0 0 0 0 0 0 0 0 0 0 Cao/Jackson Lee...... 0 0 0 0 0 0 0 0 0 0 0 0 0 Loretta Sanchez...... 0 0 0 0 0 0 0 0 0 0 0 0 0 Cuellar ...... 0 0 0 0 0 0 0 0 0 0 0 0 0 Braley ...... 0 0 0 0 0 0 0 0 0 0 0 0 0 Al Green of TX/Chu ...... 0 0 0 0 0 0 0 0 0 0 0 0 0

VerDate Mar 15 2010 03:42 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00035 Fmt 4634 Sfmt 8634 E:\CR\FM\A17JN7.014 H17JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE H4634 CONGRESSIONAL RECORD — HOUSE June 17, 2010 STATUTORY PAY-AS-YOU-GO EFFECTS FOR H.R. 5297, AS AMENDED PURSUANT TO H. RES. 1436 AND H. RES. 1448—Continued [In millions, by fiscal year]

Net Impact on the Deficita 2010– 2010– 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2015 2020

Miller of NC/Baca, pursuant to H. Res. 1448 ...... 0 0 0 0 0 0 0 0 0 0 0 0 0 Statutory Pay-As-You-Go Impact ...... 10,137 19,369 ¥1,226 ¥1,563 ¥1,902 ¥25,188 2,792 ¥974 ¥1,118 ¥1,018 ¥965 ¥380 ¥1,662 a Positive numbers indicate increases in the deficit, negativeh numbers indicate decreases in the deficit EXECUTIVE COMMUNICATIONS, Arms Export Control Act; to the Committee ting the Department’s final rule — Safety ETC. on Foreign Affairs. zone; Lake Havasu Grand Prix, Lake Havasu, 7956. A letter from the Principal Deputy Under clause 2 of rule XIV, executive AZ [Docket No.: USCG-2010-0116] (RIN: 1625- Assistant Secretary, Legislative Affairs, De- AA00) received June 3, 2010, pursuant to 5 communications were taken from the partment of State, transmitting Transmittal U.S.C. 801(a)(1)(A); to the Committee on No. DDTC 10-054, certification of a proposed Speaker’s table and referred as follows: Transportation and Infrastructure. 7947. A letter from the Director, Regu- technical assistance agreement to include latory Review Group, Department of Agri- the export of technical data, and defense 7966. A letter from the Attorney, Depart- culture, transmitting the Department’s final services, pursuant to section 36(c) of the ment of Homeland Security, transmitting rule — Tree Assistance Program (RIN: 0560- Arms Export Control Act; to the Committee the Department’s final rule — Safety Zone; AH96) received June 3, 2010, pursuant to 5 on Foreign Affairs. 2010 Veterans Tribute Fireworks, Lake 7957. A letter from the Secretary, Depart- U.S.C. 801(a)(1)(A); to the Committee on Ag- Charlevoix, Boyne City, MI [Docket No.: ment of Energy, transmitting the semi- riculture. USCG-2010-0177] (RIN: 1625-AA00) received 7948. A letter from the Congressional Re- annual report on the activities of the Office June 3, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); of Inspector General for the period October 1, view Coordinator, Department of Agri- to the Committee on Transportation and In- 2009 to March 1, 2010, pursuant to 5 U.S.C. culture, transmitting the Department’s final frastructure. rule — Emerald Ash Borer; Addition of Quar- app. (Insp. Gen. Act) section 5(b); to the 7967. A letter from the Attorney-Advisor, antined Areas in Kentuckey, Michigan, Min- Committee on Oversight and Government Department of Homeland Security, transmit- nesota, New York, Pennsylvania, West Vir- Reform. 7958. A letter from the Chairman, Council ting the Department’s final rule — Inland ginia, and Wisconsin [Docket No.: APHIS- of the District of Columbia, transmitting Navigation Rules [Docket No.: USCG-2009- 2009-0098] received June 3, 2010, pursuant to 5 Transmittal of D.C. ACT 18-431, ‘‘SOME, Inc., U.S.C. 801(a)(1)(A); to the Committee on Ag- 0948] (RIN: 1625-AB43) received June 3, 2010, Technical Amendments Act of 2010’’; to the pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- riculture. Committee on Oversight and Government 7949. A letter from the Congressional Re- mittee on Transportation and Infrastruc- Reform. view Coordinator, Department of Agri- 7959. A letter from the Chairman, Council ture. culture, transmitting the Department’s final of the District of Columbia, transmitting 7968. A letter from the Paralegal Spe- rule — Black Stem Rust; Additions of Rust- Transmittal of D.C. ACT 18-430, ‘‘UNCF Tax cialist, Department of Transportation, trans- Resistant Varieties [Docket No.: APHIS-2010- Abatement and Relocation to the District mitting the Department’s final rule — Air- 0035] received June 3, 2010, pursuant to 5 Assistance Act of 2010’’; to the Committee on worthiness Directives; Sikorsky Aircraft U.S.C. 801(a)(1)(A); to the Committee on Ag- Oversight and Government Reform. Corporation Model S-76A, B, and C Heli- riculture. 7960. A letter from the Adminstrator, Gen- copters [Docket No.: FAA-2006-24587; Direc- 7950. A letter from the Director, Regu- eral Services Administration, transmitting latory Review Group, Department of Agri- torate Identifier 2006-SW-05-AD; Amendment the Semiannual Report of the Inspector Gen- 39-16281; AD 2010-10-02] (RIN: 2120-AA64) re- culture, transmitting the Department’s final eral and the Semiannual Report on Final Ac- ceived June 3, 2010, pursuant to 5 U.S.C. rule — Conservation Reserve Program; Tran- tion Resulting from Audit Reports for the 801(a)(1)(A); to the Committee on Transpor- sition Incentives Program (RIN: 0560-AH80) period October 1, 2009 through March 31, 2010, tation and Infrastructure. received June 3, 2010, pursuant to 5 U.S.C. pursuant to 5 U.S.C. app. (Insp. Gen. Act), 801(a)(1)(A); to the Committee on Agri- section 5(b); to the Committee on Oversight 7969. A letter from the Paralegal Spe- culture. and Government Reform. cialist, Department of Transportation, trans- 7951. A letter from the President, Uni- 7961. A letter from the Chairman, Postal mitting the Department’s final rule — Air- formed Services University of the Health Service, transmitting the Semiannual Re- worthiness Directives; Airbus Model A340-200 Sciences, Department of Defense, transmit- port of the Inspector General for the period and A340-300 Series Airplanes [Docket No.: ting a letter in response to Section 717 of the of October 1, 2009 through March 31, 2010, FAA-2010-0476; Directorate Identifier 2010- National Defense Authorization Act of Fiscal pursuant to 5 U.S.C. app. (Insp. Gen. Act), NM-036-AD; Amendment 39-16298; AD 2010-10- Year 2008 (Pub. L. 110-181); to the Committee section 5(b); to the Committee on Oversight 19] (RIN: 2120-AA64) received June 3, 2010, on Armed Services. and Government Reform. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 7952. A letter from the Chairman, Federal 7962. A letter from the Administrator, Reserve System, transmitting Report to the FEMA, Department of Homeland Security, mittee on Transportation and Infrastruc- Congress on Reductions of Consumer Credit transmitting notification that funding under ture. Limits Based on Certain Information as to Title V, subsection 503(b)(3) of the Robert T. 7970. A letter from the Paralegal Spe- Experience or Transactions of the Consumer; Stafford Disaster Relief and Emergency As- cialist, Department of Transportation, trans- to the Committee on Financial Services. sistance Act, as amended, has exceeded $5 mitting the Department’s final rule — Air- 7953. A letter from the Secretary, Securi- million for the cost of response and recovery worthiness Directives; Empresa Brasileira de ties and Exchange Commission, transmitting efforts for FEMA-3286-EM in the State of Aeronautica S.A. (EMBRAER) Model ERJ the Commissions’s final rule — Amendment Ohio, pursuant to 42 U.S.C. 5193; to the Com- 170 and Model ERJ 190 Airplanes [Docket to Municipal Securities Disclosure[Release mittee on Transportation and Infrastruc- No.: FAA-2009-0614; Directorate Identifier No. 34-62184A; File No. S7-15-09] (RIN: 3235- ture. 2009-NM-045-AD; Amendment 39-16286; AD AJ66) received June 3, 2010, pursuant to 5 7963. A letter from the Attorney Advisor, 2010-10-07] (RIN: 2120-AA64) received June 3, U.S.C. 801(a)(1)(A); to the Committee on Fi- Department of Homeland Security, transmit- 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the nancial Services. ting the Department’s final rule — Security Committee on Transportation and Infra- 7954. A letter from the Principal Deputy Zone; Calcasieu River and Ship Channel, LA structure. Assistant Secretary, Legislative Affairs, De- [Docket No.: USCG-2009-0317] (RIN: 1625- partment of State, transmitting Transmittal AA87) received June 3, 2010, pursuant to 5 7971. A letter from the Attorney — Advisor, No. DDTC 10-045, certification of a proposed U.S.C. 801(a)(1)(A); to the Committee on Department of Transportation, transmitting technical assistance agreement to include Transportation and Infrastructure. the Department’s final rule — Safety Zone; the export of technical data, and defense 7964. A letter from the Attorney-Advisor, FRONTIER DISCOVERER, Outer Conti- services, pursuant to section 36(c) of the Department of Homeland Security, transmit- nental Shelf Drillship, Chukchi and Beaufort Arms Export Control Act; to the Committee ting the Department’s final rule — Special Sea, Alaska [Docket No.: USCG-2009-0955] on Foreign Affairs. Local Regulations for Marine Events; Ches- (RIN: 1625-AA00) received June 3, 2010, pursu- 7955. A letter from the Principal Deputy ter River, Chestertown, MD [Docket No.: ant to 5 U.S.C. 801(a)(1)(A); to the Committee Assistant Secretary, Legislative Affairs, De- USCG-2010-0081] (RIN: 1625-AA08) received on Transportation and Infrastructure. partment of State, transmitting Transmittal June 3, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); No. DDTC 10-052, certification of a proposed to the Committee on Transportation and In- 7972. A letter from the Attorney, Depart- technical assistance agreement to include frastructure. ment of Transportation, transmitting the the export of technical data, and defense 7965. A letter from the Attorney-Advisor, Department’s final rule — Safety Zone; Pa- services, pursuant to section 36(c) of the Department of Homeland Security, transmit- tapsco River, Northwest and Inner Harbors,

VerDate Mar 15 2010 02:33 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\A17JN7.023 H17JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE June 17, 2010 CONGRESSIONAL RECORD — HOUSE H4635

Baltimore, MD [Docket No.: USCG-2010-0133] SALAZAR, Mr. SHULER, Mr. SKELTON, YERS, Mr. LINCOLN DIAZ-BALART of (RIN: 1625-AA00) received June 3, 2010, pursu- Mr. SMITH of Washington, Mr. STU- Florida, Ms. EDWARDS of Maryland, ant to 5 U.S.C. 801(a)(1)(A); to the Committee PAK, Mr. WALZ, Mr. WELCH, Mr. ALEX- Mr. ELLISON, Mr. FRANK of Massachu- on Transportation and Infrastructure. ANDER, Mr. BARTLETT, Mrs. setts, Ms. KILROY, Mr. LOBIONDO, 7973. A letter from the Attorney, Depart- BLACKBURN, Mr. BLUNT, Mr. Mrs. MCCARTHY of New York, Mr. ment of Transportation, transmitting the BOOZMAN, Mr. BROUN of Georgia, Mr. MARKEY of Massachusetts, Mr. Department’s final rule — Safety Zone; COBLE, Mrs. EMERSON, Mr. GRIFFITH, MEEKS of New York, Ms. MOORE of Neuse River, New Bern, NC [Docket No.: Mr. PUTNAM, and Mr. YOUNG of Alas- Wisconsin, Ms. RICHARDSON, Ms. USCG-2010-0256] (RIN: 1625-AA00) received ka): SCHAKOWSKY, Mr. SPRATT, and Ms. June 3, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); H.R. 5552. A bill to amend the Internal Rev- WATERS): to the Committee on Transportation and In- enue Code of 1986 to require that the pay- H.R. 5560. A bill to amend the Public frastructure. ment of the manufacturers’ excise tax on Health Service Act to improve quality of 7974. A letter from the Senior Program An- recreational equipment be paid quarterly cancer care and quality of life for patients alyst, Department of Transportation, trans- and to provide for the assessment by the Sec- and survivors by coordinating development mitting the Department’s ‘‘Major’’ final rule retary of the Treasury of certain criminal and distribution of information about reliev- — Automatic Dependent Surveillance-Broad- restitution; to the Committee on Ways and ing pain, symptoms, side effects, and stress; cast(ADS-B) Out Performance Requirements Means. increasing awareness of treatment and post- to Support Air Traffic Control (ATC)Service By Mr. CAO: treatment health risks for survivors; enhanc- [Docket No.: FAA-2007-29305; Amdt. No. 91- H.R. 5553. A bill to extend the National ing research into symptom management and 314] (RIN: 2120-AI92) received June 3, 2010, Flood Insurance Program until December 31, survivorship; increasing health care profes- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 2013; to the Committee on Financial Serv- sional education and training; reducing mittee on Transportation and Infrastruc- ices. health disparities in cancer treatment, ture. By Mr. CASTLE (for himself, Mrs. symptom management, and survivorship 7975. A letter from the Administrator, BIGGERT, Ms. GINNY BROWN-WAITE of care; and expanding and enhancing cancer FEMA, Department of Homeland Security, Florida, Mr. DENT, Mr. GERLACH, Mr. registries; and for other purposes; to the transmitting the Department’s report on the LANCE, Mr. LATOURETTE, and Mr. LEE Committee on Energy and Commerce. Preliminary Damage Assessment informa- of New York): By Ms. SLAUGHTER: tion on FEMA-1897-DR for the State of New H.R. 5554. A bill to provide tax relief for, H.R. 5561. A bill to establish a public edu- Jersey; jointly to the Committees on Trans- ease the regulatory burden on, and provide cation and awareness program relating to portation and Infrastructure, Appropria- expanded access to credit to small busi- emergency contraception; to the Committee tions, and Homeland Security. nesses, and for other purposes; to the Com- on Energy and Commerce. 7976. A letter from the Administrator, mittee on Small Business, and in addition to By Ms. JACKSON LEE of Texas (for FEMA, Department of Homeland Security, the Committees on Ways and Means, Appro- herself, Mr. DAVIS of Tennessee, Mr. transmitting the Department’s report on the priations, Energy and Commerce, and Finan- HALL of Texas, Mr. CARTER, Mr. SAM Preliminary Damage Assessment informa- cial Services, for a period to be subsequently JOHNSON of Texas, Mr. MCCAUL, Mr. tion on FEMA-1896-DR for the State of Dela- determined by the Speaker, in each case for DENT, Mr. BOYD, Mr. HILL, Mr. ware; jointly to the Committees on Trans- consideration of such provisions as fall with- MELANCON, Mr. MICHAUD, Mr. SPACE, portation and Infrastructure, Appropria- in the jurisdiction of the committee con- Mr. ELLSWORTH, Mr. DONNELLY of In- tions, and Homeland Security. cerned. diana, Mr. TANNER, Mr. ROSS, Mr. By Ms. FOXX (for herself, Ms. KAPTUR, SHULER, Mr. SKELTON, Ms. HARMAN, f Mr. MCGOVERN, Mr. JONES, Mr. Mr. SNYDER, Mr. KILDEE, Mr. DIN- GELL, Ms. WOOLSEY, Mr. WELCH, Mr. PUBLIC BILLS AND RESOLUTIONS CUELLAR, Mr. PASCRELL, Mr. PETER- SON, Mr. KANJORSKI, Mr. COLE, Mr. CONYERS, Mr. MCGOVERN, Mr. Under clause 2 of rule XII, public SESTAK, Mr. KUCINICH, Ms. WATERS, TIERNEY, Mr. CLAY, Mr. GUTIERREZ, bills and resolutions of the following Mr. AL GREEN of Texas, and Mr. LI- Mr. TOWNS, Mr. SCOTT of Georgia, Ms. titles were introduced and severally re- PINSKI): EDDIE BERNICE JOHNSON of Texas, Ms. ferred, as follows: H.R. 5555. A bill to amend title 38, United CORRINE BROWN of Florida, Mr. WATT, States Code, to provide for eligibility for Mr. DAVIS of Illinois, Mr. MEEKS of By Mr. DONNELLY of Indiana (for housing loans guaranteed by the Department New York, Mr. CARSON of Indiana, himself and Mr. HALL of New York): of Veterans Affairs for the surviving spouses Ms. EDWARDS of Maryland, Ms. H.R. 5549. A bill to amend title 38, United of certain totally-disabled veterans; to the CLARKE, Ms. FUDGE, Mr. AL GREEN of States Code, to provide for expedited proce- Committee on Veterans’ Affairs. Texas, Mr. BISHOP of Georgia, Mr. dures for the consideration of certain vet- By Ms. DELAURO (for herself and Mr. BUTTERFIELD, Ms. LEE of California, erans claims, and for other purposes; to the COURTNEY): Mr. THOMPSON of Mississippi, Mr. Committee on Veterans’ Affairs. H.R. 5556. A bill to support the establish- LEWIS of Georgia, Mr. CLEAVER, Ms. By Mrs. KIRKPATRICK of Arizona: ment and operation of Teachers Professional WASSERMAN SCHULTZ, Mr. DOGGETT, H.R. 5550. A bill to amend title 38, United Development Institutes; to the Committee Ms. CHU, Mr. HINCHEY, Mr. LYNCH, States Code, to include a definition of ‘‘loss on Education and Labor. Mr. DOYLE, Mr. BILIRAKIS, Mr. JONES, of use’’ for purposes of evaluating disabilities By Ms. GIFFORDS (for herself and Mr. Mr. PAUL, Mr. BARTLETT, Mr. COO- and providing adapted housing and auto- LATHAM): PER, Mr. MOORE of Kansas, Mr. mobiles under the laws administered by the H.R. 5557. A bill to amend the Internal Rev- DRIEHAUS, Ms. TITUS, Mr. HASTINGS Secretary of Veterans Affairs; to the Com- enue Code of 1986 to allow an increased credit of Florida, Mr. WU, Ms. SUTTON, Mr. mittee on Veterans’ Affairs. against tax for tuition and related expenses TONKO, and Mr. POE of Texas): By Ms. KOSMAS (for herself and Mr. of certain individuals age 55 and older; to the H.J. Res. 90. A joint resolution expressing DRIEHAUS): Committee on Ways and Means. support for designation of September 2010 as H.R. 5551. A bill to require the Secretary of By Ms. GIFFORDS (for herself and Mr. ‘‘Gospel Music Heritage Month’’ and hon- the Treasury to make a certification when LATHAM): oring gospel music for its valuable and long- making purchases under the Small Business H.R. 5558. A bill to amend the Internal Rev- standing contributions to the culture of the Lending Fund Program; to the Committee on enue Code of 1986 to provide for the eligi- United States; to the Committee on Over- Financial Services. bility of older workers for the work oppor- sight and Government Reform. By Mr. KIND (for himself, Mr. RYAN of tunity credit, and for other purposes; to the By Mr. EDWARDS of Texas: Wisconsin, Mr. NEAL of Massachu- Committee on Ways and Means, and in addi- H. Res. 1450. A resolution congratulating setts, Mr. TANNER, Mr. POMEROY, Mr. tion to the Committee on Education and the Texas A&M University Aggies for win- THOMPSON of California, Mr. LARSON Labor, for a period to be subsequently deter- ning the men’s and women’s NCAA Division of Connecticut, Ms. BERKLEY, Mr. mined by the Speaker, in each case for con- I Outdoor Track and Field Championship; to ETHERIDGE, Mr. HELLER, Mr. HERGER, sideration of such provisions as fall within the Committee on Education and Labor. Mr. ALTMIRE, Mr. ARCURI, Mr. BISHOP the jurisdiction of the committee concerned. By Mrs. BONO MACK (for herself and of Georgia, Mr. BOREN, Mr. BOSWELL, By Mr. HINCHEY (for himself, Mr. Mr. KENNEDY): Mr. BOUCHER, Mr. CARDOZA, Mr. CAR- ARCURI, and Mr. MURPHY of New H. Res. 1451. A resolution expressing sup- NEY, Mr. CHANDLER, Mr. CHILDERS, York): port for designation of June 26, 2010, as the Mr. CRITZ, Mr. ELLSWORTH, Mr. GENE H.R. 5559. A bill to revise the National International Day against Drug Abuse and GREEN of Texas, Mr. HEINRICH, Ms. Flood Insurance Program to more fairly Illicit Trafficking; to the Committee on For- HERSETH SANDLIN, Mr. HILL, Mr. treat homeowners who purchase insurance eign Affairs, and in addition to the Commit- KAGEN, Mr. KRATOVIL, Mr. LARSEN of under the program; to the Committee on Fi- tees on the Judiciary, and Energy and Com- Washington, Mr. MATHESON, Ms. nancial Services. merce, for a period to be subsequently deter- MARKEY of Colorado, Mr. MELANCON, By Mr. MOORE of Kansas (for himself, mined by the Speaker, in each case for con- Mr. MINNICK, Mr. MURPHY of New Ms. BERKLEY, Mr. BERMAN, Mr. CAO, sideration of such provisions as fall within York, Mr. RODRIGUEZ, Mr. ROSS, Mr. Mr. CLAY, Mr. CLEAVER, Mr. CON- the jurisdiction of the committee concerned.

VerDate Mar 15 2010 02:21 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\L17JN7.000 H17JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE H4636 CONGRESSIONAL RECORD — HOUSE June 17, 2010

By Mr. COHEN (for himself, Mr. H.R. 2381: Mr. RAHALL. H.R. 5492: Mr. STARK, Ms. RICHARDSON, and BUTTERFIELD, Mr. BURGESS, Mrs. H.R. 2425: Mr. REHBERG. Mr. PIERLUISI. BLACKBURN, Mr. GRIJALVA, Mrs. H.R. 2483: Mr. DEUTCH. H.R. 5503: Mr. HINCHEY. MALONEY, Ms. SHEA-PORTER, Ms. H.R. 2766: Mr. MAFFEI. H.R. 5509: Mr. CARNEY and Mr. CRITZ. WASSERMAN SCHULTZ, Mr. CONYERS, H.R. 3227: Ms. NORTON. H.R. 5513: Mrs. CAPPS. Mr. SCOTT of Virginia, Mr. MOORE of H.R. 3336: Mr. CONNOLLY of Virginia. H.R. 5523: Mr. CARTER, Mr. SESSIONS, and Kansas, and Ms. NORTON): H.R. 3359: Ms. BALDWIN. Mr. CHAFFETZ. H. Res. 1452. A resolution expressing sup- H.R. 3412: Mr. LAMBORN. H.R. 5539: Mr. QUIGLEY, Mr. FLAKE, Mr. port for the goals and ideals of National In- H.R. 3470: Ms. NORTON. LANCE, Mr. POSEY, and Mr. PAUL. fant Mortality Awareness Month 2010; to the H.R. 3652: Mr. ALTMIRE and Mr. THORN- H.J. Res. 86: Mr. KING of New York, Mr. Committee on Energy and Commerce. BERRY. BISHOP of Georgia, Mr. TANNER, Mr. BARTON By Mr. DRIEHAUS (for himself and Mr. H.R. 3668: Mr. SCHAUER, Mr. KUCINICH, Mr. of Texas, Mr. FATTAH, Mr. TIM MURPHY of CHAFFETZ): SALAZAR, and Mr. THOMPSON of California. Pennsylvania, and Mr. ROTHMAN of New Jer- H. Res. 1453. A resolution celebrating the H.R. 3752: Mr. BOREN. sey. 29th Congressional Art Competition and H.R. 3764: Mr. BRALEY of Iowa. H. Con. Res. 224: Ms. GINNY BROWN-WAITE commending the winners of the Competition H.R. 3790: Ms. TSONGAS and Mr. HOEKSTRA. of Florida. on achieving a high level of artistic scho- H.R. 3839: Mr. MCINTYRE. H. Con. Res. 259: Mr. PALLONE and Mr. lastic aptitude; to the Committee on House H.R. 4051: Mr. MCINTYRE. COBLE. Administration. H.R. 4116: Ms. NORTON. H. Con. Res. 266: Mr. COBLE. By Mrs. HALVORSON: H.R. 4123: Mr. MILLER of North Carolina. H. Con. Res. 275: Mr. RANGEL, Mr. WALZ, H. Res. 1454. A resolution supporting the H.R. 4296: Mr. LOEBSACK and Ms. LINDA T. Mr. PETERS, Mr. GORDON of Tennessee, and goals and ideals of ‘‘Chiari Malformation SA´ NCHEZ of California. Mr. MAFFEI. Awareness Month‘‘ and ’’Chiari Malforma- H.R. 4364: Mr. STARK. H. Res. 173: Mr. STARK. tion Awareness Day’’ in the United States; H.R. 4405: Mr. RANGEL and Mr. OBERSTAR. H. Res. 252: Mr. MICHAUD. to the Committee on Oversight and Govern- H.R. 4505: Mr. LAMBORN. H. Res. 536: Ms. SCHWARTZ, Mr. BOUCHER, ment Reform. H.R. 4530: Ms. DELAURO, Mr. DEUTCH, Mr. and Ms. DELAURO. By Mr. SMITH of Texas (for himself CARSON of Indiana, and Mr. PLATTS. H. Res. 546: Ms. CASTOR of Florida. and Mr. SENSENBRENNER): H.R. 4538: Ms. TSONGAS. H. Res. 771: Mrs. MALONEY, Ms. NORTON, H. Res. 1455. A resolution directing the At- H.R. 4594: Mr. SHERMAN, Mr. CLAY, and Mr. and Ms. LORETTA SANCHEZ of California. torney General to transmit to the House of HONDA. H. Res. 1056: Mr. BISHOP of Utah. Representatives copies of certain commu- H.R. 4638: Mr. ETHERIDGE. H. Res. 1207: Mr. POE of Texas. nications relating to certain recommenda- H.R. 4684: Mr. BERMAN, Mr. HOEKSTRA, Ms. H. Res. 1209: Mr. SENSENBRENNER. tions regarding administration appoint- GINNY BROWN-WAITE of Florida, Mr. PETRI, H. Res. 1226: Mr. GONZALEZ. ments; to the Committee on the Judiciary. Mr. COLE, Mr. GRAVES of Missouri, Mr. H. Res. 1241: Mr. ROGERS of Kentucky. f FATTAH, Mr. CRITZ, Mr. BUTTERFIELD, Mr. H. Res. 1251: Mr. TAYLOR. ROE of Tennessee, and Mr. SESSIONS. H. Res. 1309: Mr. LOEBSACK. MEMORIALS H.R. 4687: Ms. ESHOO. H. Res. 1343: Mr. FRANK of Massachusetts. Under clause 4 of rule XXII, memo- H.R. 4733: Mr. PASCRELL. H. Res. 1348: Mr. GOODLATTE. rials were presented and referred as fol- H.R. 4785: Mr. CARNAHAN. H. Res. 1386: Mr. HIMES. lows: H.R. 4787: Mr. MOORE of Kansas. H. Res. 1401: Mr. HODES, Ms. MATSUI, Ms. H.R. 4790: Mr. POLIS of Colorado. SPEIER, and Ms. WOOLSEY. 311. The SPEAKER presented a memorial H.R. 4844: Ms. LINDA T. SA´ NCHEZ of Cali- H. Res. 1412: Mr. MORAN of Virginia, Mr. of the Senate of the State of Louisiana, rel- fornia. SAM JOHNSON of Texas, Mr. HALL of Texas, ative to Senate Concurrent Resolution No. 19 H.R. 4870: Mr. MOORE of Kansas. Mr. HENSARLING, Mr. CULBERSON, Mr. BRADY memorializing the Congress to utilize the H.R. 4908: Ms. BALDWIN. of Texas, Mr. CONAWAY, Mr. THORNBERRY, power of technology to boost American pro- H.R. 4993: Mr. FRANK of Massachusetts, Mr. Mr. NEUGEBAUER, Mr. MARCHANT, Mr. ductivity and performance; to the Com- TONKO, Mr. NEAL of Massachusetts, Mr. CARTER, Mr. MACK, Mr. ROGERS of Michigan, mittee on Education and Labor. ARCURI, Mr. LANGEVIN, and Ms. KOSMAS. Mr. FORTENBERRY, Mr. PITTS, Mr. BURTON of 312. Also, a memorial of the House of Rep- H.R. 4995: Mr. MARCHANT and Mr. KLINE of Indiana, Mr. WILSON of South Carolina, Mr. resentatives of the State of Michigan, rel- Minnesota. PENCE, Mr. BLUNT, and Mr. CONNOLLY of Vir- ative to House Resolution No. 239 urging the H.R. 5015: Mr. NEAL of Massachusetts and ginia. President of the United States to ensure that Mr. CUMMINGS. H. Res. 1420: Mr. KENNEDY, Mr. ROTHMAN of recreational fishing and boating are national H.R. 5032: Mr. OWENS. New Jersey, and Mr. THOMPSON of California. priorities in the Interagency Ocean Policy H.R. 5083: Ms. NORTON. Task Force’s final report; jointly to the H.R. 5089: Mr. TIERNEY. f Committees on Natural Resources and H.R. 5090: Ms. ROYBAL-ALLARD. Transportation and Infrastructure. H.R. 5141: Mrs. BONO MACK. f H.R. 5241: Mr. DEUTCH. PETITIONS, ETC. ADDITIONAL SPONSORS H.R. 5283: Ms. GINNY BROWN-WAITE of Flor- Under clause 3 of rule XII, petitions ida and Mr. UPTON. Under clause 7 of rule XII, sponsors H.R. 5304: Ms. CHU. and papers were laid on the clerk’s were added to public bills and resolu- H.R. 5336: Mr. SABLAN. desk and referred as follows: tions as follows: H.R. 5384: Mr. FOSTER, Mr. PRICE of North 149. The SPEAKER presented a petition of Carolina, and Mr. SABLAN. the City of Santa Ana, California, relative to H.R. 197: Mr. GARY G. MILLER of California. H.R. 5400: Ms. GINNY BROWN-WAITE of Flor- Resolution No. 2010-09 opposing the State of H.R. 333: Mrs. EMERSON. ida. Arizona SB 1070 and urging for comprehen- H.R. 442: Mr. GRAYSON and Mr. LUJA´ N. H.R. 571: Mr. DEUTCH. H.R. 5409: Mr. PIERLUISI and Mr. sive immigration reform; to the Committee H.R. 614: Mr. GRIFFITH and Mr. BOEHNER. PERRIELLO. on the Judiciary. H.R. 1021: Ms. GINNY BROWN-WAITE of Flor- H.R. 5418: Mrs. MALONEY. 150. Also, a petition of Miami Beach, Flor- ida and Mr. SCHOCK. H.R. 5424: Mr. GOODLATTE. ida, relative to Resolution No. 2010-27380 sup- H.R. 1079: Mr. MICHAUD. H.R. 5426: Mr. GOODLATTE. porting the passage of the ‘‘Uniting Amer- H.R. 1207: Mr. GRAVES of Georgia. H.R. 5434: Mr. LANCE, Mr. STARK, and Mr. ican Families Act’’; to the Committee on the H.R. 1625: Mrs. MALONEY. WHITFIELD. Judiciary. H.R. 1964: Ms. SCHAKOWSKY. H.R. 5443: Mr. MCNERNEY, Mr. MURPHY of 151. Also, a petition of City of Auburn, H.R. 2057: Mr. OLVER and Mr. COURTNEY. New York, and Mr. BISHOP of New York. Washington, relative to Resolution No. 4590 H.R. 2067: Ms. WATSON. H.R. 5462: Mr. SABLAN and Mr. MCNERNEY. requesting the Congress to provide for imme- H.R. 2204: Mr. LUETKEMEYER, Mr. YOUNG of H.R. 5478: Mrs. CAPITO. diate appropriation of 44 million dollars for Florida, Mr. COHEN, and Mr. ELLSWORTH. H.R. 5480: Mr. SABLAN. interim grout work and related repairs to H.R. 2262: Mr. CUELLAR. H.R. 5481: Mr. SESTAK, Ms. CASTOR of Flor- the Howard Hanson Dam; jointly to the Com- H.R. 2296: Mr. LUJA´ N and Mr. LARSEN of ida, Mr. OLVER, Mr. CARNAHAN, and Mr. HIN- mittees on Appropriations and Transpor- Washington. CHEY. tation and Infrastructure.

VerDate Mar 15 2010 02:21 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\L17JN7.100 H17JNPT1 pwalker on DSK8KYBLC1PROD with HOUSE E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 111 CONGRESS, SECOND SESSION

Vol. 156 WASHINGTON, THURSDAY, JUNE 17, 2010 No. 91 Senate The Senate met at 9:30 a.m. and was BRAND, a Senator from the State of New range a number of votes as soon as we called to order by the Honorable York, to perform the duties of the Chair. finish the Thune matter. There are at KIRSTEN E. GILLIBRAND, a Senator from ROBERT C. BYRD, least three that I know the Repub- the State of New York. President pro tempore. licans want to offer, and there are a Mrs. GILLIBRAND thereupon as- number on our side, but we will try to PRAYER sumed the chair as Acting President get that done as quickly as possible. The Chaplain, Dr. Barry C. Black, of- pro tempore. This is not a time for never-ending fered the following prayer: f amendments. This is the seventh week we have been on this legislation. They Let us pray. RECOGNITION OF THE MAJORITY have not been contiguous, but they Almighty God, give our lawmakers LEADER grace to choose the way that leads to have certainly been spent on this legis- light. Direct their thoughts, words, and The ACTING PRESIDENT pro tem- lation. So we hope we can work out a works so that they will follow where pore. The majority leader is recog- reasonable agreement on the amend- You lead. Prosper the works of their nized. ments that need to be debated and hands as they seek to glorify Your f voted on. If we can’t work something out tonight, this afternoon, we will Name. Lord, free their hearts to give SCHEDULE You zealous, active, and cheerful serv- have to have a cloture vote in the ice. Help them so live that whenever Mr. REID. Madam President, fol- morning. I would hope that can be Your call comes for them—at morning, lowing leader remarks, if any, there avoided. I don’t know if it can be. midday, or evening—it may find them will be a period of morning business The problem we have is that we have ready, their work completed, and their until 10 a.m., with Senators allowed to asked the Secretary of Health and hearts at peace with You. speak for up to 10 minutes each. The Human Services, Kathleen Sebelius, to We pray in Your sovereign Name. majority will control the first half, the work to extend the time administra- Amen. Republicans will control the final half. tively so that the 21-percent cut to Upon the conclusion of morning busi- Medicare doesn’t go into effect. We f ness, the Senate will resume consider- think we have been able to do that, ation of the House message which ac- until tomorrow. But we are in very per- PLEDGE OF ALLEGIANCE companies H.R. 4213. There will be up ilous times here. Unemployment com- The Honorable KIRSTEN E. GILLI- to 2 hours for debate on the Thune pensation benefits have already ex- BRAND led the Pledge of Allegiance, as amendment, which is numbered 4376, pired. These tax extenders, which are follows: with the time equally divided and con- so important to businesses, have ex- I pledge allegiance to the Flag of the trolled between Senators THUNE and pired. Therefore, it is essential that we United States of America, and to the Repub- BAUCUS or their designees. If all time is get something done. Remember, Medi- lic for which it stands, one nation under God, used, at approximately noon today, the care reimbursement is not just for indivisible, with liberty and justice for all. Senate will proceed to a vote on the Medicare patients. Even though some motion to waive the Budget Act with f doctors have already said they are respect to the Thune amendment. going to drop Medicare patients, it is APPOINTMENT OF ACTING As a reminder, last night I filed clo- for more than Medicare patients be- PRESIDENT PRO TEMPORE ture on the Baucus substitute amend- cause most reimbursement in our coun- ment. The managers of the bill will try is based upon Medicare levels—in- The PRESIDING OFFICER. The work with Senators on agreements to surance companies, HMOs, and vet- clerk will please read a communication consider amendments so that we can erans programs. So everyone on both to the Senate from the President pro move toward completion of the bill as sides of the aisle should understand tempore (Mr. BYRD). quickly as possible. Senators should that the time to sit back and say: We The legislative clerk read the fol- expect additional votes today in rela- will work something out later isn’t lowing letter: tion to amendments to the bill. Sen- going to be here. We have to do some- U.S. SENATE, ators will be notified when additional thing today, or tomorrow at the latest, PRESIDENT PRO TEMPORE, votes are scheduled. Washington, DC, June 17, 2010. because of this 21 percent cut. We have To the Senate: I have spoken to the manager of the cried wolf for the last time. It will go Under the provisions of rule I, paragraph 3, bill, Senator BAUCUS, and he has spo- into effect over the weekend. of the Standing Rules of the Senate, I hereby ken to a number of his Republican col- We also have an important element appoint the Honorable KIRSTEN E. GILLI- leagues, and we are going to try to ar- in this legislation that deals with

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

S5051

.

VerDate Mar 15 2010 02:09 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A17JN6.000 S17JNPT1 smartinez on DSKB9S0YB1PROD with SENATE S5052 CONGRESSIONAL RECORD — SENATE June 17, 2010 FMAP. The poorest of the poor in our the Democratic leadership and dig an lons of oil in the Gulf of Mexico that is country are able to get Medicaid even deeper hole of debt, when most already on the shores of the gulf. We through the State programs, and we as- Americans think $13 trillion is far too have thousands of wildlife covered in sist at the Federal level. Those pro- much already. If you are even remotely oil, many of them dead. We have fisher- grams, in most States, are in a perilous attuned to what Americans are asking men who have lost their livelihoods, state. They have cut a lot of the pro- us, this would be an easy choice. Our some, we guess, maybe for generations. grams. A lot of people who are eligible colleagues across the aisle have come We have countless hotels and res- for certain Medicaid procedures and of- down to the Senate floor over and over taurants that are empty during what fice visits and things of that nature to claim the mantle of fiscal responsi- should be their prime tourist season. I have been terminated already. I have bility. Well, today they can prove it. don’t understand why, given all of received calls from at least 20 Gov- Americans want us to show we are seri- this—the full devastation of this cata- ernors—and it is not just Democratic ous about lowering the debt. Senators strophic spill is far from being known, Governors—who are desperate for this will have that opportunity later today. although we know it is going to be one money. So I ask my colleagues on both sides of the worst economic and environ- So everything in this bill is paid for to join with me today and vote in favor mental disasters in American history, except FMAP and the situation I re- of the Thune amendment. and we need to make absolutely cer- lated to regarding unemployment com- Madam President, I yield the floor. tain this never happens again—why pensation extension. Everything else is f people are still objecting to giving the paid for. The doctor fix is paid for in bipartisan commission charged with in- the amendment that is now before us RESERVATION OF LEADER TIME vestigating this disaster the subpoena where cloture has been filed. So I hope The ACTING PRESIDENT pro tem- power to do what they need to do to we can work through these amend- pore. Under the previous order, the make sure this never happens again. ments the Republicans have to have leadership time is reserved. In order to have a full and fruitful in- and we have to have on our side and, if vestigation, this commission must possible, we can go ahead and set up a f have subpoena power to get to the bot- vote to get rid of this piece of legisla- MORNING BUSINESS tom of what safety precautions BP did tion today; otherwise, we will have a The ACTING PRESIDENT pro tem- and did not take leading up to the cloture tomorrow, and 30 hours runs pore. Under the previous order, there Deepwater Horizon explosion. Sub- after that, and by that time the doc- will be a period of morning business poena power is essential to their task tors and patients will be harmed sig- until 10 a.m., with Senators permitted of making meaningful recommenda- nificantly, notwithstanding the fact to speak for up to 10 minutes each, tions on how to prevent future disas- that the unemployed have already been with the majority controlling the first ters. That is why I, along with 18 other hurt. half and the Republicans controlling Senators, have introduced this legisla- f the final half. tion to grant subpoena power to this commission. It is unacceptable for BP RECOGNITION OF THE MINORITY The Senator from New Jersey. and the other companies responsible LEADER Mr. MENENDEZ. Madam President, I ask unanimous consent that the time for this oilspill to continue to stone- The ACTING PRESIDENT pro tem- wall the American people. pore. The Republican leader is recog- under the control of the majority be equally divided between myself, Sen- I don’t understand why my col- nized. leagues on the other side of the aisle ator SHAHEEN, and Senator NELSON of f Florida. are objecting to this. I would assume THUNE AMENDMENT The ACTING PRESIDENT pro tem- they are as interested in getting to the pore. Without objection, it is so or- bottom of this disaster as the rest of us Mr. MCCONNELL. Madam President, are, and this stonewalling is something Democrats continue to argue among dered. The Senator from New Hampshire. I just don’t understand. themselves about how much they want I yield the floor. to add to the deficit. Yesterday, they f Mr. INHOFE. Madam President, let unveiled their latest proposal, which me respond to the Senator from New would add another $50 billion. And they UNANIMOUS-CONSENT REQUEST— S. 3462 Hampshire. are calling this an accomplishment—an The ACTING PRESIDENT pro tem- accomplishment they reached not by Mrs. SHAHEEN. Madam President, I pore. The Senator does not have con- making any tough choices but by rise today to ask that my legislation, trol of the time at this moment. shortening the length of time they S. 3462, which would grant subpoena Mr. INHOFE. I was just reassuring would pay for programs they know power to the Presidential commission her. I think I agree with everything she they will end up extending anyway. tasked with investigating the BP oil- said. Mine was the process we are talk- Only in Washington would people boast spill, be passed by unanimous consent. ing about, and I think that is the proc- about saving money they fully intend The ACTING PRESIDENT pro tem- ess the majority leader was recom- to spend down the road. And only in pore. Is there objection? mending. Washington would people raid a trust Mr. INHOFE. Reserving the right to The ACTING PRESIDENT pro tem- fund intended to pay for oilspill clean- object, Madam President, I think I will pore. The Senator from New Jersey. up to cover completely unrelated object at this time. The bill was just Mr. MENENDEZ. Could the Presiding spending in the middle of an oilspill. introduced 7 business days ago. It has Officer tell me how much time remains Let me say that again: Only in Wash- been referred to the Judiciary Com- for the majority side? ington would people raid a trust fund mittee, where I assume Chairman The ACTING PRESIDENT pro tem- intended to pay for oilspill cleanup to LEAHY will take a thoughtful look at pore. There are 6 minutes 20 seconds re- cover completely unrelated spending in it. Senator REID has asked his com- maining. the middle of an oilspill. mittee chairmen to report out oilspill Mr. MENENDEZ. Would the Pre- So Democrats can continue to play legislation by the 4th of July for con- siding Officer let me know when I have these games or they can join Repub- sideration next month, so I think we exhausted 2 of my 3 minutes? licans in voting for the Thune amend- should give that process an oppor- The ACTING PRESIDENT pro tem- ment later today. The Thune amend- tunity to work. So I do object. pore. Yes. ment would actually do the thing The ACTING PRESIDENT pro tem- Mr. MENENDEZ. Madam President, I Americans want us to do right now; pore. Objection is heard. rise once again to ask unanimous con- that is, lower the deficit and create The Senator from New Hampshire. sent—and I will do so shortly—to hold real opportunities for job growth. Mrs. SHAHEEN. Madam President, I oil companies accountable for their Senators will have a simple choice don’t understand. We are 58 days into spills. This is really a sense of who is today: They can either vote to reduce this oilspill. Eleven lives have been on your side. Are we going to take the the deficit or they can lock arms with lost. We have seen up to 97 million gal- side of big oil or are we going to take

VerDate Mar 15 2010 02:09 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G17JN6.001 S17JNPT1 smartinez on DSKB9S0YB1PROD with SENATE June 17, 2010 CONGRESSIONAL RECORD — SENATE S5053 the side of commercial fishermen? Are Mr. MENENDEZ. This is unlimited there. Frankly, they don’t have the ca- we going to take the side of big oil or liability. pacity to do the amount of exploration are we going to take the side of shrimp Mr. INHOFE. Unlimited liability. that is going to be necessary to run fishermen? Are we going to take the Madam President, we have talked this machine called America. side of big oil or are we going to take about this before. It sounds good to Right now there is a commission that the side of preserving the estuaries talk about big oil. This would be the is taking place. I believe they are going that are so critical yet that we see in- greatest thing for big oil. Only the big to be discussing all these things, in- creasingly devastated, the wildlife, five might—— cluding what types of caps, if any, with consequences to those ecosystems The ACTING PRESIDENT pro tem- should go on. They are the ones who that may very well affect a generation? pore. The time of the Senator from are approaching this thing, considering Are we going to take a side with big oil New Jersey has expired. Is there an ob- everything. I think they should have or are we going to stand up for the jection? time to do their own work. That is the tourism industry that is affected? Are Mr. INHOFE. I object. reason. But I do not disagree with any- we going to stand up for big oil or are Now I wish to be recognized to ex- thing either one of the Senators said. we going to stand with the boater who plain my objection. I yield the remainder of my time to ultimately sees his boat languishing in The ACTING PRESIDENT pro tem- the Senator from Nebraska. the waters because he cannot go out pore. There are 2 minutes remaining on The ACTING PRESIDENT pro tem- because there is no one to take out on the majority’s time that the Senator pore. The Senator from Nebraska. a commercial venture? Are we going to from Florida intends to use. Mr. JOHANNS. Madam President, stand up for the communities and the The Senator from Florida. may I inquire how much time remains? coasts along the gulf shore or are we Mr. NELSON of Florida. Madam The ACTING PRESIDENT pro tem- going to stand with big oil? President, the oil is relentlessly mov- pore. Eight minutes. That is what this effort is all about. ing east in the Gulf of Mexico. A week Mr. JOHANNS. If I could be fore- It is about setting responsibility where and a half ago it hit Perdido Pass. That warned when there is a minute remain- responsibility should lie. I applaud that is in . A week ago it hit ing? the President got BP to sign up to $20 Pensacola Pass. It is in Pensacola Bay. The ACTING PRESIDENT pro tem- billion over the next 4 years or so. But You ought to see what it looks like. pore. Yes. that does not mean we should not be There are tar balls. We know what tar f balls look like. You ought to see what lifting the liability cap, a liability cap INCREASING EXPORTS that is ridiculously low at $75 million the reddish brown gunk looks like that total when BP, for example, makes I saw on Monday as the wind was blow- Mr. JOHANNS. Madam President, I over $90 million a day. So their liabil- ing it right toward downtown Pensa- rise today to discuss an issue I believe ity under the law, regardless of what cola. is of significant importance to our Na- they say, is less than 1 day’s profit. Today, Destin Pass, further to the tion’s economy. There has been a lot of The ACTING PRESIDENT pro tem- east, is being closed. But when it is talk lately about the whole idea of in- pore. The Senator has used 2 minutes. closed by a boom it will not stop the creasing exports. I—like, I guess, every Mr. MENENDEZ. This is about mak- oil if the oil is not already skimmed off other Member of this body—support ing sure at the end of the day we stand out in the gulf because the tar balls the goal of expanding exports. Increas- up to big oil. I know there are those will go right underneath the boom and ing exports means companies will sell who suggest—my colleague from Lou- the tides come rushing into the pass at more of their goods and services into isiana has suggested he has a better 6 to 8 knots, and a boom will not stop more markets around the world. A way. The problem is his better way is the oil. number of those companies, I might constitutionally infirm. That has been This is what we are facing. We are add, are found in rural communities, reviewed by the Congressional Re- facing the economic devastation as a found in States such as Nebraska. I was search Service which says that trying result of the despoiling of the coast sitting there when President Obama, in to enact legislation that effectively de- that relies, so much of its economy, on his State of the Union Address, set a clares the guilt or imposes punishment that coast being pristine—whether it is goal. He said: I want to double exports on an identifiable individual or entity tourism, whether it is fishing, whether in the next 5 years. is in essence a bill of attainder under it is oyster, shrimp, et cetera. Since then, the administration has the Constitution; therefore, it cannot Why shouldn’t the company—now pushed its National Export Initiative, work. I have heard him say I don’t that precedent has been set yesterday which appears to be about increasing want to come here and make a speech, by them setting up a $20 billion trust spending and the size of government. I want to solve something. That is ex- fund, but that is not a limit. Why But a more sensible course of action actly the problem. That does not solve should we not—has my time expired? would truly be to increase exports—sell anything because it is constitutionally The ACTING PRESIDENT pro tem- more. I am talking about free trade infirm, therefore it would not apply, pore. The time of the Senator has ex- agreements. The previous administra- therefore we would not have a success. pired. tion negotiated a number of trade Besides, if it is good enough for this in- Mr. NELSON of Florida. If I may fin- agreements, but there are three pend- cident, it is good enough for any other. ish the sentence—why should we not ing from the previous administration: Understanding that, I want to ensure allow any kind of future devastation by Colombia, South Korea, and Panama. we stand on the side with all of those a company to have the same liability? Unfortunately, these agreements have commercial interests, so I ask unani- The ACTING PRESIDENT pro tem- been languishing since they were first mous consent—I take a final 30 sec- pore. The Senator from Oklahoma. agreed to—now around 3 years ago. onds—I ask unanimous consent that Mr. INHOFE. First, I do not disagree The current administration briefly the Environment and Public Works with anything that was said by my seemed to be on the right track when Committee be discharged of S. 3472, the very good friend from Florida. It is a the President stated his goal of Big Oil Bailout Prevention Unlimited devastating thing. I have no love for strengthening trade with Colombia, Liability Act of 2010, and that the Sen- BP. I assure you they are not any South Korea, and Panama, again in the ate proceed to its consideration; that friends of this side over here. I only State of the Union Address. I was the bill be read three times, passed, the have to say this. If you want to shut pleased to hear that. The President hit motion to reconsider be laid upon the out everyone from their exploration, it the right tone there. I must admit, table, without intervening action or doesn’t make any difference whether it though, up to that point, the adminis- debate. is deep water or otherwise, you go tration’s trade policy was enormously The ACTING PRESIDENT pro tem- ahead and do something like this. This unclear to me, and I guarantee it was pore. Is there objection? would only help the big five or the na- to everybody else. Mr. INHOFE. Reserving the right to tional oil companies—that is China and I thought that finally we had a trade object, this S. 3472, this is one with no Venezuela. Without a cap they would policy. But, unfortunately, since that caps? be the only ones who could explore out speech there has been no action. So I

VerDate Mar 15 2010 00:54 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G17JN6.003 S17JNPT1 smartinez on DSKB9S0YB1PROD with SENATE S5054 CONGRESSIONAL RECORD — SENATE June 17, 2010 have to ask, What is the holdup? I do culture, exports account for over 25 Senate will resume consideration of not know how you can claim your goal percent of total ag sales. We like to say the House message to accompany H.R. is to double exports and then not take that every third row of crops is sold 4213, which the clerk will report. the action on pending trade agree- into the international marketplace. In The legislative clerk read as follows: ments which provide the very direct, fact, agriculture is one of the few areas Motion to concur in the House amendment ready-made way to move us forward. where the United States has had a net to the Senate amendment with an amend- Each one of these agreements lowers trade surplus in recent years. ment to H.R. 4213, an act to amend the Inter- nal Revenue Code of 1986, to extend certain tariffs on America’s goods and services. These agreements are necessary for expiring provisions, and for other purposes. I will tell you from a lot of experience, agriculture, for farmers and ranchers. Pending: that is the quickest way to increase ex- They are good for small businesses in Baucus motion to concur in the amend- ports. With U.S. unemployment now my State and across the country. As ment of the House to the amendment of the hovering around 10 percent, we should Secretary of Agriculture, I traveled the Senate to the bill, with Baucus Amendment be focused like a laser beam on helping world helping to negotiate trade deals. No. 4369 (to the amendment of the House to businesses grow and create jobs. Enact- I have seen the positive results for ex- the amendment of the Senate to the bill), in ing the pending trade agreements will porters. I have seen firsthand the im- the nature of a substitute. help us get there. portance of these pending agreements. The ACTING PRESIDENT pro tem- The U.S. Chamber of Commerce esti- Each one would level the playing field pore. The Senator from Montana. mates that these agreements could bol- for America’s farmers and ranchers and Mr. BAUCUS. Madam President, once ster our economy by $40 billion. Con- companies, creating jobs, helping to re- again, we are here today to try to help versely, if the United States fails to invigorate our economy. If we are create jobs. That is what the under- implement the agreements with Co- going to meet this goal of doubling ex- lying bill and substitute amendment lombia and Korea, the chamber esti- ports, we have to do more than give a are all about. mates that more than 380,000 U.S. jobs speech. We have to take these agree- But the Thune amendment would will be lost or displaced. ments and put them into the equation move in the wrong direction. Instead of The trade agreements were nego- and get a vote on that. helping to create jobs, the Thune tiated nearly 3 years ago. Yet they Consider this: American producers amendment would probably cost jobs. have not come to the Congress. While are currently forced to pay substantial The Thune amendment would reduce aggregate demand in the economy by we fail to act, our global competitors tariffs on their exports to Colombia, to more than $50 billion. Instead of con- are locking up these marketplaces. South Korea, to Panama. These agree- tinuing the good that the Recovery Act Several nations are negotiating or fi- ments would wipe out most if not all of has done, the Thune amendment would nalizing negotiations with the same those tariffs. Roughly $2.8 billion in three countries. Yet our agreements stop it in its tracks. tariffs on American exports has been The Thune amendment would, among with those same countries are signed paid to Colombia alone since the Co- other things, cancel unspent and and sealed and ready for a vote. Our lombian agreement was signed in No- unallocated mandatory spending in the competitors are, very simply, gaining vember of 2006. Recovery Act. an advantage over our producers, our That is $2.8 billion that could have The Recovery Act is working. exporters, our employees, and they are stayed in the United States to hire new This is what the nonpartisan Con- laughing all the way to the bank. Now workers. Most Americans probably as- gressional Budget Office said in its we even have representatives from sume Colombian exporters pay the most recent report: those countries saying they are ready identical U.S. tariffs, but that is not CBO estimates that in the first quarter of to move forward without us. the reality. calendar year 2010, [the Recovery Act’s] poli- Earlier this week a respected publi- Colombian producers do not pay a cies: cation, the Des Moines Register, nickel on 90 percent of the products Raised the level of real . . . gross domestic quoted the Minister of Economic Af- they sell in the United States. The Co- product . . . by between 1.7 percent and 4.2 percent; fairs at the South Korean Embassy as lombian Free Trade Agreement would Lowered the unemployment rate by be- saying this: allow American producers to compete tween 0.7 percentage points and 1.5 percent- The U.S. runs the risk of losing the Korean on a level playing field. age points; market within a decade if you can’t get a The ACTING PRESIDENT pro tem- Increased the number of people employed free trade agreement ratified. pore. The Senator has 1 minute re- by between 1.2 million and 2.8 million; and Furthermore, the article reported Increased the number of full-time-equiva- maining. lent jobs by 1.8 million to 4.1 million com- that South Korea is likely to complete Mr. JOHANNS. In South Korea, it is pared with what those amounts would have a free trade agreement with the Euro- the same story. And I could go on and been otherwise. pean Union by January. So we are not on through each agreement and show And the Congressional Budget Office just at risk of losing the opportunity that what they are about is bringing projects that the Recovery Act will to increase exports. If other countries tariffs down for our products that we continue to create jobs. CBO projects keep negotiating trade agreements are paying today. that the Recovery Act will create the while this great Nation sits on its Well, I have given this speech now I most jobs in the third quarter of this hands, we are going to lose the market think twice on the floor of the Senate year. And then it will begin to taper share we have today. and a number of times as I have been off. I suspect this is just the beginning. out and talked to people across this We should not cut that job creation These countries are not going to wait country. I hope this is the last time I off. In this fragile economy, the last around forever while we twiddle our need to come here to advocate just to thing that we should want to do is to thumbs and hope that throwing money give us a vote. My hope is the adminis- cut back this proven job creator. at a few government agencies and hir- tration will send these agreements to We passed the Recovery Act to give a ing more government employees will the Congress for action. needed boost to our economy. We de- somehow increase exports. I yield the floor. signed the bill to work over 2 years. If Each nation we have sat down with, f we were to withdraw these critical we have negotiated, we have found funds, we would risk causing further common ground and reached agree- CONCLUSION OF MORNING damage to a fragile economy. ment. Now it is time for the final step. BUSINESS The Thune amendment would also The step is to vote on the agreements. The ACTING PRESIDENT pro tem- cut other important spending pro- Think of the big picture. Roughly 95 pore. Morning business is closed. grams. percent of the world’s consumers live f The Thune substitute amendment outside the United States. The global would cut discretionary spending by 5 marketplace is asking for us to go and AMERICAN JOBS AND CLOSING percent across the board for all agen- do business there. It is important to TAX LOOPHOLES ACT OF 2010 cies, except for the Department of Vet- agriculture, but it is also important to The ACTING PRESIDENT pro tem- erans Affairs and the Department of our entire economy. You see, in agri- pore. Under the previous order, the Defense.

VerDate Mar 15 2010 00:54 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G17JN6.004 S17JNPT1 smartinez on DSKB9S0YB1PROD with SENATE June 17, 2010 CONGRESSIONAL RECORD — SENATE S5055 This 5 percent cut would apply to the That is an awfully high price to pay. I think we have a fundamental dif- Department of Homeland Security. It Our Nation’s civil liability system ference about how best to do that, and would apply to Immigration and Cus- has always been forged at the State what my amendment would do is ad- toms Enforcement. Apparently, it level. Nationalizing that system with dress what I think are the two biggest would apply to the intelligence agen- damage caps would put patients at problems we face—the sort of clouds, if cies. risk. you will, hanging over the economy in The Thune substitute amendment The Thune amendment employs some this country. One is debt. We have this would freeze the salaries of all Federal of the offsets that it does because it spiraling Federal debt which is set to employees, except for members of the drops the oil spill liability tax. And the double in 5 years and triple in 10 years Armed Forces. Thune amendment employs some of the on the current path under the budget It would freeze the salaries of civil- offsets that it does because it drops the that has been proposed by the Presi- ian defense workers. It would freeze the tax loophole closers in the underlying dent. salaries of law enforcement. It would substitute amendment. If we include the debt that govern- freeze the salaries of border protection The Thune amendment thus would ment agencies owe each other—in agents. allow big oil companies to pay less into other words, intergovernmental debt— Another provision would cap the the oil spill liability trust fund, to pay add that to the public debt, right now total number of federal employees at for oil spills. we are in debt $13 trillion. That is the current levels. If an agency needed to The Thune amendment thus would total amount of debt we have today. hire a new employee, it would first allow investment managers to continue That is going to balloon in the next 5 need to fire an existing employee. That to pay lower capital gains tax rates on years and the next 10 years. The budget is not how to create jobs. This would their service income than other Ameri- window we use to do our budgeting dramatically reduce the flexibility of cans do on their wages. around here suggests it is going to be agencies to make hiring decisions. The Thune amendment thus would much higher than that. I support finding ways to make our allow some professionals who organize So I think what the American people government more efficient. But these as S corporations to avoid paying their are saying, at least what I believe the cuts are arbitrary. They are mindless fair share of Social Security and Medi- American people are saying—and I meat-ax cuts. care payroll taxes. think we have probably different inter- The Thune amendment would also And the Thune amendment thus pretations of that, but what I believe make changes to the new health care would allow multinational corpora- the American people are saying and law. These changes would leave more tions to continue accounting dodges to what I see in poll after poll after poll is Americans without health insurance. avoid paying their fair share of taxes people are concerned about the cloud The Thune amendment would do this here in America. this growing public debt imposes on by expanding the affordability excep- These decisions reflected in the our economy and the burden it places tion to the responsibility for individ- Thune amendment are bad tax policy. on future generations. They are also uals to buy health insurance. These decisions preserve unfairness and profoundly concerned about their jobs This expansion would eliminate cov- inequity in the tax law. and about their economy. They want erage for millions of Americans. And And so, the Thune amendment would Congress to take steps that will help CBO tells us that this would raise put the recovery at risk by curtailing grow the economy and create jobs. health care premiums. the Recovery Act. It would cut the The best way to do that is for the The irony of this proposal is that it number of Americans with health in- government to get out of the way, so to raises money for the government be- surance and raise premiums. It would speak, and incentivize small businesses cause the government would not pro- nationalize medical malpractice law, to do what they do best; that is, create vide as much in tax credits to Ameri- putting patients at risk. And it would jobs. It is the small businesses in our cans to help them buy insurance. protect big oil and multinational cor- economy that are the economic engine. But Congress has just enacted health porations that ship their jobs overseas. They are job creators. We should not be care reform. Congress just expressed I urge my colleagues to oppose the imposing more burdens on them. We our Nation’s commitment to helping Thune amendment. should try and keep taxes low. We all Americans to buy health insurance. The ACTING PRESIDENT pro tem- should try and keep regulations and We should let the new health care law pore. The Senator from South Dakota keep from imposing new governmental take effect. is recognized. burdens on our small business sector The Thune amendment would also AMENDMENT NO. 4376 TO AMENDMENT NO. 4369 and our economy. propose changes to our medical mal- Mr. THUNE. Madam President, as So we have a piece of legislation be- practice system that the Senate has re- provided for in the order, I now call up fore us today in which I think both jected many times. my amendment. sides, Republicans and Democrats, The Thune amendment would cap The ACTING PRESIDENT pro tem- agree we need to do something to ad- damages and make other changes to pore. The clerk will report. dress unemployment insurance and ex- State laws. This is the not the solution The bill clerk read as follows: tending the benefits of those who have to medical malpractice. The Senator from South Dakota [Mr. lost their jobs in the recession. The Congressional Budget Office has THUNE] proposes an amendment numbered We need to address the issue of physi- said that these kinds of ideas would 4376 to amendment No. 4369. cian reimbursement cuts which will generate savings. But we need to ask: Mr. THUNE. Madam President, I ask occur if Congress does not take steps to At what cost? unanimous consent that the reading of address that. Of course, we need to ex- What would be the cost to patients? the amendment be dispensed with. tend the expiring tax provisions that What would be the cost to the States? The ACTING PRESIDENT pro tem- many of us support—for example, the CBO relied on outside studies in cal- pore. Without objection, it is so or- tax credit for investment in research culating its cost estimate. And those dered. and development, which is one of the same studies point out that certain (The amendment is printed in today’s things companies use to keep us more tort reform policies may also increase RECORD under ‘‘Text of Amendments.’’) competitive. Those are all things that the number of risky procedures per- Mr. THUNE. Madam President, this have expired, are expiring. Those are formed. And these policies may lead to amendment is, in my view, probably issues that need to be addressed. I more patient injuries and more patient the most important thing that we can think both of us agree on that. deaths. do for the economy right now. The Sen- The question becomes, What is the One study upon which CBO relied ator from Montana talked about job best remedy, how best do we do that? said that these policies would lead to a creation. Everybody in this Chamber What the Democratic majority has pro- 0.2-percent increase in mortality. cares about that. I think Democrats posed is a solution which, at the end— These policies in the Thune amend- and Republicans alike believe we have and I think this is even under the best- ment could lead to more patient to create jobs in our economy. We need case scenario, which I do not believe we deaths. to get economic growth going again. have a CBO score on yet—but the more

VerDate Mar 15 2010 00:54 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\A17JN6.001 S17JNPT1 smartinez on DSKB9S0YB1PROD with SENATE S5056 CONGRESSIONAL RECORD — SENATE June 17, 2010 recent version of their piece of legisla- ing your debt at $1.5 trillion every being put forward by the Democratic tion would still add about $50 billion to year, which is what is happening—the majority is, as I said, very simple and the debt. So it would increase the deficit this year is going to be about very straightforward. It does a number amount of debt I just mentioned ear- $1.5 trillion. That is what it was last of things. It does all the things we need lier. It does raise taxes. It raises taxes year. We are looking at trillion-dollar to do in terms of extension of unem- on small business. It raises taxes on in- deficits as far as the eye can see, to the ployment insurance, of the physician vestment. point where the interest on the debt at fee—making sure that cut does not It puts more taxes on oil companies the end of the 10-year period we use for occur, that the physician reimburse- by raising taxes that would go into the budgeting purposes in the Senate will ment issue is addressed, as I said, Oil Spill Liability Trust Fund. And, of exceed the amount we spend on de- through the end of the year 2012—as course, because my amendment does fense. We will spend more on interest well as extending these expiring tax not include that tax increase, somehow on the debt than we spend on national provisions that are very important to we are painted as being in defense of security in this country if we continue our economy and to our economic big oil. Well, let me point out one thing down this path. In fact, we will spend, growth. about that—this was true in health at the end of the 10 years, 4.1 percent of But we do that in a different way. We care; it has been true with many things our entire economy—our entire gross take $37.5 billion of the $50 billion in that have happened here on the floor— domestic product—on interest on the unobligated stimulus funds and use and that is, it would be one thing if the debt. those funds to extend existing tax and revenues raised by increasing the tax Madam President, $13 trillion in benefit provisions. We cut money from from 8 cents to 49 cents per barrel of oil debt—the other day, I tried to put that the government by reducing congres- were actually going to be used to clean in perspective so people can appreciate sional budgets. I think it is fair that up oilspills. It is stated to go into the and understand it because I think when the American family, the Amer- trust fund, the Oil Spill Liability Trust sometimes it is hard for most of us, ican business community, and people Fund, but it will be used to fund other myself included, to wrap our heads across this country are making hard things. So, again, you get this double- around $1 trillion. It sounds like a lot decisions about their own personal counting. You get this practice we in the abstract. But to try to put it budgets—their family budgets, their have seen employed here by the major- into a perspective that perhaps we can business budgets—having to figure out ity on a number of occasions where you understand, I used the analogy of, what where they are going to cut back, the are raising revenue that is supposedly is 1 trillion seconds? If you took 1 tril- least we in Congress can do is to scrub for a specific purpose, the proceeds of lion seconds, what would that mean in our budgets and figure out what we can which are going to be used for some- terms of total number of years? Well, 1 do to reduce spending. thing entirely different. That, of trillion seconds represents 31,746 years. So we cut money from the govern- course, is coupled with the fact that If you took 13 trillion seconds—which ment by reducing congressional budg- the tax, as we all know, is going to be is what the debt now represents, the ets. We rescind unspent Federal funds. passed on to the American consumers. total debt our country owes—you are There are lots of appropriated moneys So the American consumers are going looking at over 412,000 years, if a dollar out there that do not get spent that re- to be burdened with higher taxes. At equals a second. So 1 trillion seconds: vert back or get spent later. What this the same time, the other side can say: 31,746. Madam President, $13 trillion is amendment simply says is, if moneys We are being tough on big oil. We are what our total debt consists of today. that have been appropriated have not going to stick them with this big new Again, you are looking at over 412,000 been spent, then let’s use that money years. I think that speaks to why we tax. Ironically, it is not going to go to to pay down the Federal debt. Let’s do need to get the debt and the spending clean up oilspills; it is going to go to these things we need to do here, and here under control. fund these things we are talking about Interestingly enough, a while back then let’s make sure we are not con- funding here. here in the Senate, to much fanfare, tinuing to spend and spend and spend, We have a better way. We can reduce the majority passed pay-go rules. The particularly dollars that are not need- government spending and do this. We assumption would be that somehow ed. It requires the government to sell can actually extend these expiring tax going forward new spending would be unused lands and to auction off unused provisions by reducing taxes by about paid for and reductions in tax revenues equipment. $26 billion under my amendment. We It also imposes a 1-year freeze on the would be offset somehow by increases can cut spending by over $100 billion salaries of Federal employees and in tax revenues and all that. under my amendment. And we can ac- Well, since that time, since the pas- eliminates their bonuses and caps the tually make some progress toward re- sage of pay-go, the Senate has already total number of Federal employees at ducing the Federal debt. We have about approved well over $100 billion in new current levels. I have a modification $68 billion, under my amendment, that spending, not paid for that is added to that would amend this legislation be- can be used to pay down the Federal the debt. If this legislation is enacted, cause there has been a concern raised debt. So we reduce the debt, we cut that number will approach $200 billion that it would mean nobody could get a taxes, we extend unemployment bene- since we passed pay-go—the much- raise, even those who deserve it. What fits, we address the physician reim- touted, with much fanfare, as I said, the modification would do is allow Fed- bursement issue—and by the way, my solution that was going to solve the eral agencies and managers flexibility amendment addresses that through the fiscal woes of our country and suggest to determine how they are going to end of the year 2012. The amendment a different way of doing things in the work within their personnel budgets to now offered by the Democratic major- Congress. provide, perhaps, raises for those who ity extends it to the end of this year. Well, anything but that has hap- have been deserving. But, overall, their So if you are a physician out there who pened. On the contrary, every time we top-line number would be frozen. So it is looking for some certainty and look- have had a major piece of legislation, is not as if no Federal employee ever ing for something that is a long-term pay-go has been waived. We waive it. would have to go without any kind of a solution to this issue of cuts in reim- We declare everything an emergency. raise. But we think it is important bursement, then you get, under my Now everything is an emergency and that the Federal Government go on a amendment, an extension to the end of nothing gets paid for, and the debt con- diet, just as the family budget is hav- the year 2012. Under the Democratic tinues to grow, and the debt-o-meter, ing to do right now as well. We also majority option here today, you get the spend-o-meter around here con- collect $3 billion in unpaid taxes from something that extends it only until tinues to spin faster and faster and Federal employees. the end of this year. So you can do all faster, and the credit card is handed to We encourage responsibility and those things and still cut the debt, cut future generations who are going to prioritizing within the Federal budget taxes, and reduce Federal spending. So have to deal with our inability to live by requiring a 5-percent across-the- what we are offering is a different way. within our means. board discretionary spending cut for all It seems to me, when you are sitting So the alternative we offer to the leg- agencies, except at the VA and the De- on a $13 trillion debt and you are grow- islation before the Senate today that is partment of Defense.

VerDate Mar 15 2010 00:54 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G17JN6.007 S17JNPT1 smartinez on DSKB9S0YB1PROD with SENATE June 17, 2010 CONGRESSIONAL RECORD — SENATE S5057 Again, there has been a lot of sugges- cause of health care reform and be- and how those would impact our small tion that somehow this is going to cause they needed a way to finance businesses and their ability to create wreck the economy and force—as I saw health care reform. jobs. So this legislation, again, deals some things out yesterday—that this is This amendment would make sure in- with the issue of the debt, deals with going to force a government shutdown. dividuals and families are not subject the issue of taxes, deals with the issue What this amounts to is a 2-percent re- to an intrusive and burdensome new of spending, and accomplishes all of duction through the end of this fiscal Federal mandate if they cannot afford the underlying objectives we all have year, which is September 30. I do not health insurance. So it is a fairly of extending unemployment benefits, think, out of a $652 billion budget, that straightforward modification to the of dealing with these expiring tax pro- if you are a good manager at these Fed- health care legislation which takes visions, and dealing with the impend- eral agencies, you could not find 2 per- away some of the burden that is im- ing reduction in physician reimburse- cent to shave in order to achieve the posed on people at lower income levels. ments. savings we need to pay for this legisla- In fact, it makes a lot of sense to me. So with that introduction, I reserve tion. It encourages responsibility and If you look at the current health care the remainder of my time. I think we prioritizing as well by saving $5 billion bill, under that bill low-income indi- have other speakers who want to come in eliminating what is nonessential viduals—those under 300 percent of the down, and I look forward to hearing government travel. And it eliminates Federal poverty level—are slated to from them as well. bonuses for poor-performing govern- pay about $1 billion in mandate pen- Mr. BAUCUS. Madam President, I ment contractors. alties. might ask if the Senator from New Finally, it does create a new deficit Now, the suggestion was that some- Hampshire wishes to speak. reduction trust fund where rescinded how, if we make this change, insurance Mr. GREGG. Madam President, I ap- balances and moneys saved through premiums are going to go up. Well, I preciate the chairman’s request. I wish this amendment will be deposited for am telling you something. We tried to to speak for 5 minutes in support of the the purposes of paying down the Fed- make this point many times during the Thune amendment. eral debt. course of the debate on health care re- Mr. BAUCUS. Sure. Now, I said this the other day, and I form. Insurance premiums are going The ACTING PRESIDENT pro tem- will say this again: I think this ought up. In fact, PricewaterhouseCoopers pore. The Senator from New Hamp- to be a no-brainer for us here. Irrespec- predicted this week that health care shire. tive of which side of the political aisle costs are going to continue to rise at Mr. GREGG. Madam President, I rise you are on, you undoubtedly are hear- an unsustainable rate—next year by to congratulate the Senator from ing from constituents across this coun- about 9 percent. So it is already clear South Dakota for his amendment. This try who are very concerned about the that health care reform is not going to is a responsible way to approach this amounts of spending, the amounts of live up to many of its promises. It is issue. debt, who are concerned about increas- going to continue to raise premiums The amendment to the bill that is be- ing taxes, particularly businesses. We for most Americans. And that has a lot fore us, offered by the Democratic lead- hear a lot about investment frozen on more to do with the health care re- ership, adds $50 billion to the deficit; the sidelines because investors are con- form, the substance of that, than any- that is $50 billion to the debt. That is cerned about the uncertainty that ex- thing else. It does not have anything to $50 billion our kids have to pay so we ists out there with regard to taxes and do with what we are trying to accom- can spend money today on politically what they are going to do in the future. plish here by, as I said, reducing the attractive things. On top of that, the Clearly, this bill, as I said earlier, impact of the individual mandate on bill, as proposed, has some onerous tax raises taxes. It raises taxes by about low-income individuals in this country. policy in it which will significantly $50 billion in the current version of it. So these are all fairly straight- contract economic activity in this What we would do is reduce the tax forward reforms. We do touch medical country by taxing people at ordinary burden by extending these expiring tax malpractice reform. We think that is income for activity which has histori- provisions but do it in a way that does something that should have been a part cally been taxed at a capital gains rate, not require new taxes on investment, of health care reform and was not that thus forcing people to be less new taxes on small businesses, new would help reduce health care costs for incentivized to go out there and be pro- taxes on our economy at a time when people in this country and achieve ductive and create jobs. It is poor tax we can least afford it, when we ought some savings we can use to, again, help policy. to be looking at ways to keep taxes low pay down the Federal debt, help ad- So the Senator from South Dakota and to make sure we are doing every- dress the concerns we need to address has come up with a proposal, which is thing possible to lessen the burden on with this legislation. the way we should be governing now, our small businesses, those job creators But bottom line, as I said earlier, which is to pay today for the things we in our economy. what we are looking at here is a very want to spend on today. We are facing One of the things that was men- clear choice for U.S. Senators. U.S. a $1.4 trillion deficit—$1.4 trillion—this tioned, and we do in our legislation, is Senators can choose to solve the prob- year. Next year, we are facing an we do address one of the issues with re- lem before us in one of two ways. The equally large deficit. Under the Presi- gard to health care. I think the Sen- first way is through $50 billion in tax dent’s budget and the budget of the ator from Montana characterized that increases, $50 billion in additional debt, Democratic leadership, we are talking lowering the affordability threshold for and over $100 billion in additional a $1 trillion deficit for as far as the eye the individual mandate will strike at spending—or about $100 billion in addi- can see. The debt of this country is the heart of health care reform. tional spending. The alternative I offer going to double in 5 years under the Well, first off, let me just point out cuts taxes by $26 billion, reduces spend- President’s and the Democratic budg- that this amendment was taken di- ing by $100 billion, and cuts the Federal et—double. It is going to triple in 10 rectly from an amendment that was debt, reduces the Federal debt by $68 years. A child born at the beginning of filed by Senator SCHUMER during the billion, according to the Congressional the Obama administration arrived in Finance Committee markup of the Budget Office. our Nation with an $89,000 debt— health care reform bill. I do not think In my view, as I said at the beginning $89,000. By the time my colleagues on his intention was to strike at the heart of my remarks, there is nothing more the other side of the aisle get finished, of health care reform. I thought the important to our economy than dealing should the President be reelected, heart of health care reform was to with this cloud of debt, this huge bur- under the terms of his budget that make sure people have access to afford- den that hangs over our economy of child is going to have a $200,000 debt to able coverage. I do not think that was out-of-control Federal spending, out- pay. Why? Because we keep getting Senator SCHUMER’s intent. I think he of-control Federal debt, deficits that bills like this: $50 billion here, $100 bil- was thinking we ought to make sure are over $1 trillion or at $1 trillion as lion here, $25 billion here; money being low-income people were not forced to far as the eye can see, the concern spent without being paid for and, buy unaffordable coverage simply be- about tax increases on our economy therefore, being added to the deficit

VerDate Mar 15 2010 00:54 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G17JN6.008 S17JNPT1 smartinez on DSKB9S0YB1PROD with SENATE S5058 CONGRESSIONAL RECORD — SENATE June 17, 2010 and to the debt. It is totally wrong. It Our office is being flooded with calls paid-for Medicare Part D prescription is unfair. It is unfair that one genera- concerning the extension of unemploy- drug program. tion should do this to another genera- ment benefits. We want to extend the So this amendment cuts taxes, it tion, and it is certainly not responsible unemployment benefits under this cuts spending, and it reduces the def- government. amendment until November, but we icit. The deficit has now spiraled so far We had a big debate in this Chamber want to pay for it. We want to do some- out of control that there is no rational about 2 months ago now about how re- thing groundbreaking around here that economist who believes this is sustain- sponsible the other side of the aisle was hasn’t happened in a long time: We able without some kind of profound fi- going to be on spending. They called it want to pay for it. We want to pay for nancial crisis. Now we are up to a pro- pay-go. It should have been called the expiring unemployment provisions jection of a $16 trillion deficit by the fraud-go because as a very practical until November. We want to extend the end of the next decade. We are amass- matter, that is what it has become. expired tax provisions, including a tax ing as far as the eye can see—I think This bill games the pay-go rules of the credit for research and experimen- now it is up to $1.6 trillion—debt just Democratic leadership to the tune of tation, and the State and local sales for this year alone that we are laying $50 billion by declaring it an emer- tax deduction through the end of the on our children and our grandchildren. gency on items that are not emer- year. We want to drop the tax in- As I have said several times on this gencies, that we know exist and that creases, drop the $4 billion extension of floor, there is a revolution going on out have been spent on now for quite a Build America bonds, and drop the $24 there. It is a peaceful revolution. It has while. Since that bill was passed, that billion in State Medicaid bailouts. We been derided by the liberal left and pay-go bill, which allegedly was going want to fully pay for this with spend- many in the media. But the fact is, to require this Congress to pay for all ing cuts. The amendment does provide they are angry and they have every the money it was going to spend, the relief for the doctors by adding an addi- right to be angry. They have every other side of the aisle has brought for- tional 2 years to the doc fix and re- right. The greatness of America is that ward, or is in the process of bringing forming our broken and onerous med- every generation has passed on to the forward, $200 billion of spending which ical malpractice system. following generation a better Nation is not paid for—$200 billion in spending Let me point out that day after day than the one we inherited. With this which will be added to the deficit and during the ObamaCare debate we came overwhelming burden of debt and def- to the debt. That is totally irrespon- to the floor and said: You are using icit in the name of economic stimulus, sible. phony assumptions as to assessments in the name of job creation—which, ob- So the Senator from South Dakota of the entire cost of ObamaCare, and viously, has not met the predictions at has it right, as he so often does. He has part of that was the ‘‘doc fix’’ which the time of the passage of the stimulus said: Let’s do this responsibly. If we wasn’t going to happen, which was package—have turned out to be totally are going to spend this money, if we going to cut Medicare payments to false. are going to put forward these extend- physicians by some 21 percent. We said So here we are. We are in a situation ers, if we are going to spend this money every time: You are not going to do where we have an opportunity to ex- on these different social initiatives, this. You are not going to cut physi- tend the expiring unemployment provi- let’s pay for them because they benefit cian payments by some 21 percent for sions, extend the expired tax provi- us today and we shouldn’t pass the bill doctors who provide care for Medicare sions, including an important tax cred- for them on to our children tomorrow, enrollees. Over on the other side, they it for research and development. It next year, and 10 years from now. This even admitted it. So now we have to do drops things such as Build America is responsible budgeting. the doc fix. We have to make sure doc- bonds. Build America bonds. Please. I congratulate the Senator from tors who treat Medicare patients are Right now, that is just an additional $4 South Dakota, and I look forward with adequately reimbursed; otherwise, they billion. We are going to cut spending, enthusiasm to finally voting for a bill will stop treating Medicare patients. and we will provide relief for doctors around here that is paid for, which is So it is kind of hypocritical for us to by adding an additional 2 years for the what we should be doing every day in- be blamed for the delay in the ‘‘doc doc fix. stead of spending money we don’t have fix’’ when that was the assumption— Obviously, that fix needs to be en- and passing those bills on to our kids. that was the assumption, that there acted. I am in support of that. But isn’t I yield the floor. would be a 21-percent cut in the selling it a little bit of a hypocrisy to come to Mr. THUNE. Madam President, could of ObamaCare to the American people. the floor and say we have to get this I inquire how much time we have on This amendment saves the taxpayers done, we have to have the doc fix, when our side. $113 billion in unnecessary spending. It all during the debate on so-called The ACTING PRESIDENT pro tem- rescinds $38 billion in the unobligated health care reform, the 21-percent cut pore. There are 351⁄2 minutes remain- spending of stimulus funds. It cuts for Medicare patients was part of our ing. wasteful and unnecessary government selling the American people that the Mr. THUNE. I ask unanimous con- spending. It collects the unpaid taxes cost of ObamaCare would be less than sent to add as cosponsors of this of Federal employees. It freezes their $1 trillion? Isn’t that a little hypo- amendment Senators MCCONNELL, salaries and caps their numbers. It im- critical? MCCAIN, ISAKSON, BOND, ENZI, CORNYN, poses a 5-percent, across-the-board cut I wish to quote from the New York BARRASSO, ROBERTS, COBURN, in government spending for all agen- Times recently: CHAMBLISS, SCOTT BROWN, and JUDD cies except the VA and the DOD, and it If the economists are divided about what GREGG. creates a new deficit reduction trust just happened, the rest of the world is not di- The ACTING PRESIDENT pro tem- fund where rescinded balances and vided about what should come next. Voters, pore. Without objection, it is so or- monies saved through this amendment business leaders and political leaders do not dered. will be deposited for the purposes of seem to think that the stimulus was such a Mr. THUNE. Madam President, I paying down the Federal debt. smashing success that we should do it again, yield 10 minutes to the Senator from Now, regarding the 5-percent across- even with today’s high unemployment. Arizona. the-board cut in government spending There is no better example than last The ACTING PRESIDENT pro tem- for all agencies except Veterans and May’s unemployment numbers that pore. The Senator from Arizona. Department of Defense, do Americans show a drop from 9.9 to 9.7, until you Mr. MCCAIN. Madam President, I am know the size of government has dou- get into the not-so-fine print: 41,000 pleased to be here to cosponsor and bled since 1999; that the cost of govern- jobs created in the private sector, and support my friend from South Dakota, ment has spiraled out of control? A 5- 440 new jobs, approximately, to hire Senator THUNE, on this amendment. As percent cut would be minuscule as census takers. That is what the stim- the Senator from New Hampshire just compared to the dramatic increases we ulus is all about? Give me a break. stated, isn’t it time we stopped bur- have imposed—yes, during the previous So this is our chance. This is our dening our children and our grand- administration, as well as this admin- chance to show the American people children with massive debt? istration—including a $1 trillion un- that we are going to cut their taxes, we

VerDate Mar 15 2010 00:54 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G17JN6.009 S17JNPT1 smartinez on DSKB9S0YB1PROD with SENATE June 17, 2010 CONGRESSIONAL RECORD — SENATE S5059 are going to take care of the unem- no. Stop the bridge to nowhere, that is easy. The average Federal employee ployed, we are going to make the doc happened 4, 5 years ago but this body in the United States today makes fix, and we are going to at the same said no. Make Federal employees pay $78,000 a year. They have benefits of time cut spending and start at least a taxes; they owe $3 billion in unpaid $40,000 a year. The average private sec- beginning attempt to get this bur- taxes and we have no enforcement, but tor employee makes $42,000 a year and geoning deficit under control. It re- this body said no. Consolidate duplica- has $20,000 worth of benefits. Shouldn’t duces the deficit by some $68 billion. tive government programs that do the we, when we are running a $1.6 tril- Are there tough things in this meas- same thing. There are 70 programs to lion—it is not $1.4 trillion because we ure? Of course. Of course there are feed the hungry, 105 programs for have added $200 billion, and we are tough things in this measure. But it is math, education, science, and tech- going to add another $50 billion with about time we started making some nology incentives—6 different agen- this. When we are running that kind of tough decisions because we do have an cies—this body said no. Eliminate bo- deficit, shouldn’t we say, time out, no obligation to our children and our nuses for failed contractors in the pri- increases, except for stellar perform- grandchildren which we have, up until vate sector who don’t perform, which is ance, in the Federal Government, until now, clearly abrogated. $8 billion a year; this body said no. De- we get our house in order? But this I hope my colleagues will consider crease nonessential government travel, body is going to say no again. They are voting for this amendment and get us which saves $5 billion a year; this body going to say no. on the path toward reducing this debt said no. Require the Department of En- The question is, what can we do to burden we are placing on future gen- ergy to save energy; ironically, they fix our economy? Borrowing money erations of Americans. are the worst offender in the Federal that we don’t have to spend on things I yield the floor. Government in terms of wasting en- that we don’t absolutely need is not The ACTING PRESIDENT pro tem- ergy, and this body said no. the answer to solving the problems pore. The Senator from Oklahoma. Isn’t it interesting that, with 41 with our economy. The answer is for us Mr. COBURN. Madam President, how votes, we offer these things and every to live within our means, create a sta- much time remains? time they are rejected? They are com- ble environment where business will in- The ACTING PRESIDENT pro tem- monsense things that everybody else in vest and can plan on what is coming pore. Twenty-six minutes. America expects us to be doing, but next from Congress. We have them so Mr. COBURN. Madam President, I this body says no. skittish that they won’t spend. That is wish to take over for Senator THUNE, if Why should we do the Thune amend- the reason we are going to have a dou- I may. I want to cover for a moment ment? I heard the chairman of the Fi- ble dip recession. That is the reason what Senator GREGG talked about, be- nance Committee say a minute ago the money supply has shrunk in spite cause we are looking for the pea under that having a 5-percent cut across the of zero percent interest rates at the the pinochle shell. board in all of the agencies, except the Federal Reserve—because people will We passed, on February 12, pay-go. VA and the Defense Department, would not take a risk, because we are not On February 24, we borrowed $46 billion wreck the Federal Government. He ob- leading with something that gives outside of pay-go. We said it didn’t viously isn’t aware that President them confidence about the future. We apply. On March 3, we borrowed $99 bil- Obama has asked his own agencies to have to change that. lion and said it didn’t apply. On March do exactly that. All Senator THUNE is I will end with this. That is the party 2, it was $10 billion and we said it doing in this amendment is what the of yes. Increase the national debt, yes. didn’t apply. In April, it was $18 bil- President is asking the agencies to do. Violate pay-go, yes. More corporate lion. But do you know what. This body is welfare, yes. Increase the debt limit, Mr. MCCAIN. Will the Senator yield going to say no. We bring forward a bill yes. Fund the bridge to nowhere and for a question? that only spends $50 billion of our chil- every other earmark like it, yes. In- Mr. COBURN. Yes. dren’s money instead of $78 billion or crease Congress’s own budget at a time Mr. MCCAIN. After passage of legisla- $88 billion, which was defeated yester- when we should be austere, yes. Tax tion that was trumpeted everywhere day, as if that is some big deal. breaks for special interests, yes. Bor- that from now on we were going to pay This body is going to pass it. They row billions—not billions, but tril- for additional spending, how could that are not going to say no to growing the lions—from our grandchildren, yes. happen? government, to spending money that Create duplicative government pro- Mr. COBURN. It happened because we we don’t have, to giving advantage to grams, yes. Finally, create a lower waived the pay-go rules and we were those who are well heeled and con- standard of living for us, our children, outvoted. The pay-go rules are a farce. nected. They are not going to do that. and our grandchildren. On May 27, $59 billion. With the new We have lost control of what is impor- That is not what we are about, except bill, another $50 billion. So 46 and 18 is tant in America. If we were to pass the that is what the Baucus bill does. It 64, 74, 173, 193, 262, and now 50—that is Thune amendment today, do you know thinks in the short term and ignores $312 billion added to the deficit this what would happen? The international the long term. It ignores the reality year above the $1.5 trillion we are al- financial community would get the that this government has to get small- ready going to run. first signal from the American Con- er for us to not become Greece. It plays We get criticized all the time—and I gress that we are starting to make the games that are typical of Wash- specifically do—as the party of no. some steps toward austerity—the first ington, which the American people are Here is what we have offered: Reduce signal. We don’t have any out there rejecting. the national debt; this body said no. now. One final word about doctors, having Sell unused property; this body said no. Yesterday, it was reported that the been one and practiced for over 25 Reduce the printing costs, which is $4 M3 money supply in this country is at years. What is happening out there billion, and we can save printing this, the lowest level of GDP since 1932. Do right now? What is happening out there which nobody reads, and it is all on you know what that predicts? It pre- now is the same kind of confusion that line; this body said no. Freeze total dicts that the economy is going to slow is happening in the business commu- Federal pay for right now until we get rather than increase. That predicts a nity. Doctors are saying: I can no out of the mess we are in; this body double dip recession. We have tried ev- longer take a Medicare patient. You said no. Living within our means—an erything Japan tried for 10 years, and are going to give me an extension for 6 amendment that said we have to live it didn’t work. It is a lost decade in months, but there is no guarantee that within the revenues that come in—this Japan. It is stimulus money and not in 5 or 6 months I am going to have the body said no. Complying with pay-go; failing to cut the spending of the gov- revenue I need to keep an office open to this body said no. Cut agency overhead ernment. We are going to do that care for Medicare patients. So what is costs; this body voted no. Cut again. We are going to continue to in- happening? Medicare patients all Congress’s own budget; this body said crease the government. across this country are going and find- no. These are all recorded votes. Elimi- People may say, why would you want ing out their doctors no longer take nate corporate welfare; this body said to freeze total Federal wages? Well, it Medicare.

VerDate Mar 15 2010 00:54 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G17JN6.010 S17JNPT1 smartinez on DSKB9S0YB1PROD with SENATE S5060 CONGRESSIONAL RECORD — SENATE June 17, 2010 We saw, earlier this week, when HHS a new myth being peddled on tele- Phillips who won a Nobel Prize. We released the first of the thousands of vision, on talk radio, in print, and on also have those such as Brian Persons, regulations that between 87 million this very floor—the allegation that the executive director of NAVSEA who and 127 million Americans aren’t going somehow Federal employees are over- has spent his career designing and to get to keep the insurance they have. paid; that their salaries have been ris- maintaining our Navy’s ships and who They are not going to under the grand- ing unfairly compared to those with holds an engineering degree from father clause. So what we are doing is similar jobs in the private sector; that Michigan State. Or Erica Williams, an sending every mixed signal possible to we should freeze or cut their pay or lay enforcement attorney with the SEC not create stable planning, positive them off; that we should make it near- with a degree from the University of input, and positive attitudes about ly impossible to hire any new govern- Virginia Law School, who I am sure what can happen positively in this ment worker at all. could be making a lot more if she country. We have to send a signal to Before I rebut these arguments piece- worked for a Wall Street firm. Or the doctors. The Thune amendment meal, I remind my colleagues and the Judge Timothy Rice, a Temple Law pays for a doctor fix until 2012. It gives American people what we are talking School graduate who could have chosen them a chance to say, yes, I will stay about. This is not an exercise in the ab- to work as an attorney in private prac- in Medicare; I can afford to stay in stract. There are concrete facts. There tice but, instead, went to work for the Medicare. If we don’t do that, we are are names, faces, and real life stories of Justice Department and on the Federal going to have hundreds of thousands of achievement and hard work. bench. Medicare patients who no longer have Nearly 2 million wake up every day I am not saying that all Federal em- the doctor they have had for years. It and go to work for the American peo- ployees earn 10 times less than their is not because the doctor wants to turn ple, for their neighbors, their friends private sector counterparts. I am not away the patient, but because the doc- and family, for folks they have never even saying all Federal employees earn tor has to turn away the patient be- met or will never meet. less. cause they can no longer afford to care They do it for substantially less pay Still, those who claim that Federal for Medicare patients. than the same job in the private sector employees are making more on average So we play this game and bring to and with considerably more at stake. than private sector counterparts sim- the floor a bill with $50 billion that we As I have said before, there are no Wall ply don’t have all their facts straight. are going to charge to our grand- Street bonuses, and there is rarely ever We know how these things happen. In children, and we have bought the votes recognition for their hard work. For this case, much of the data used to off so we can pass it, and we are still many, working as a Federal employee make these claims are from a USA Today study a few months ago, which doing the same thing. We are still ex- is a tough choice. analyzed findings from the Bureau of panding the Federal Government, we In his keynote address at the annual dinner on Monday honoring the win- Labor Statistics. are borrowing against our future, we The big problem with that study is are lowering the standards of living of ners of this year’s Arthur S. Flemming Awards for public service, NIST physi- that it is both highly selective of the our children, and we are creating a job categories compared and it fails to cist Dr. William Phillips—whom I hon- mockery of the American dream. take into account the demographics of ored as a great Federal employee this I reserve the remainder of our time. our Federal workforce. The ACTING PRESIDENT pro tem- past December—told his audience The number of employees in various pore. Who yields time? about a colleague who decided to work private sector job categories dwarfs The Senator from Montana is recog- for the Federal Government. This sci- that of the Federal Government, skew- nized. entist had been working most of his ing salary data lower for the private Mr. BAUCUS. Madam President, I early career in the private sector. At a sector, where there are more minimum yield 15 minutes to the Senator from certain point, he realized it was more wage jobs. Also, a large number of Fed- Delaware. important for him to make a difference eral jobs require highly specialized The ACTING PRESIDENT pro tem- and serve his country, so he went to skills and, as a result, employees are pore. The Senator from Delaware is work in a government lab. often older and more educated than the recognized. He told Dr. Phillips that, to do so, he average worker in comparable private Mr. KAUFMAN. Madam President, I took a pay cut that was a factor of 10. sector roles. may need 3 or 4 or 5 more minutes. That is 10 times less pay. I am sure it Many Americans do not realize that Mr. BAUCUS. I yield as much time as was a difficult decision, but ultimately about 20 percent of Federal employees the Senator wishes to consume. he made the choice to work for his hold a master’s or professional degree, Mr. KAUFMAN. I thank the Senator. country. compared to 13 percent in the private Madam President, when I was ap- I met an appointee the other day who sector. Fifty-one percent of Federal pointed to the Senate, I made a prom- is taking a 95 percent pay cut. I have employees have at least a bachelor’s ise to myself not to let this oppor- constantly been amazed by the number degree, while this is true for only 35 tunity pass without helping to recog- of highly skilled and highly experi- percent of the private sector work- nize the contribution made to this Na- enced individuals willing to take 20, 40, force. tion by its government workers. This is 60 percent salary cuts to work in the In the words of Max Stier, president why I began my weekly ‘‘great Federal Obama Administration. These political and CEO of the Partnership for Public employee’’ series last May. appointees join the career personnel, so Service which, by the way, is a non- In all my years working as a Federal many of who would also be making partisan organization this is ‘‘not an employee, I have met so many wonder- much more in the private sector. apples-to-apples comparison.’’ ful individuals who have dedicated Just look at some of those I have You cannot simply ask what the av- their careers to working for the Amer- honored as great Federal employees erage salaries for budget analysts are ican people. So many are deserving but this past year. in the private sector and for budget an- will not make it onto the poster I bring By the way, I do not pick the people alysts in government. The same goes to the Senate floor each week com- at the top of the spectrum. When I for librarians or statisticians or para- memorating great Federal employees honor a great Federal employee, it is legals. simply because there are so many of at any level in the government. Any- The occupational categories might be them. body who does their job well should be called by the same name, but the work Over the years, as I have witnessed honored. We have so many great Fed- is very different. There are different countless acts of personal courage, de- eral employees who operate at all lev- skill sets required, different types of votion to country, and real sacrifice, I els of government that I try to honor experience necessary. have also seen and heard such disheart- them all. When actual job tasks are compared, ening and baseless attacks against I am hard pressed to think of any few government jobs have exact those who choose to serve. who would not be making a lot more in equivalents in the private sector. The pending amendment is just the the private sector. Not only do we have Contrary to what many have said, latest assault. It comes on the heels of brilliant physicists such as Dr. William Federal workers’ salaries are actually

VerDate Mar 15 2010 00:54 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G17JN6.011 S17JNPT1 smartinez on DSKB9S0YB1PROD with SENATE June 17, 2010 CONGRESSIONAL RECORD — SENATE S5061 lower, not higher, than those in the Federal employees know firsthand retire by 2014. This comes at the same private sector. about making tough choices. They do time that more new hires are needed in Indeed, the Federal Salary Council so every day. Many of the great Fed- mission-critical jobs dealing with pub- reported last October that Federal em- eral employees I have honored from lic health, national security, transpor- ployees were making an average of this desk came to my attention be- tation safety, financial regulation, and over 26 percent—less—than those in the cause they faced difficult tasks, took many other important areas. private sector doing comparable work. risks, and achieved great accomplish- Now is not the time to talk about Moreover, this represents a widening of ments. Some of those I honored have laying off Federal workers or freezing the private-public pay gap from the served overseas in dangerous regions; their pay. We should be talking about previous year, continuing a recent one gave his life while working for how to invest in recruiting the next trend. USAID. One left a lucrative private generation of Federal employees. However, this line of attack con- sector job after September 11th to join The scapegoating and baseless at- tinues from those who routinely dis- the Justice Department as an anti-ter- tacks against Federal workers only parage the role of government. Unfor- ror prosecutor. Others immigrated to serve to demoralize those who are on tunately, it has become all too com- this country from places like Afghani- the front lines of confronting our na- mon to criticize Washington by defam- stan and Vietnam and became Federal tional challenges. It also discourages ing the civilian employees who work employees because they wanted to give talented young Americans from mak- across our government. back to the country that took them in ing that difficult choice whether to Federal employees continue to serve as refugees. start a career in service to their coun- as a convenient scapegoat. That, essen- These stories go on and on. They are try. tially, is what this amendment does. It as diverse and numerous as this great Let me reiterate. Federal employees assigns blame and does not really ad- country of ours. make less than those in the private dress the budgetary problems we face. Additionally, all of my honorees sector, not more. They represent some It reminds me of an amendment pro- share with every other government em- of our very best and brightest, a dedi- posed by one of my friends on the other ployee the experience of making that cated and hard-working group of Amer- side of the aisle when we were consid- initial decision to pursue government icans across this country. We need to ering the health insurance reform bill. work hardly an easy one to make con- recruit a new generation of govern- It would have mandated that ‘‘for each sidering the sacrifices involved. ment workers to help us tackle great new bureaucrat added to any depart- Ultimately, those who support Fed- challenges, and unfairly labeling Fed- ment or agency for the purpose of im- eral salary cuts and hiring caps mis- eral employees as a problem fails to re- plementing the provisions of the Pa- takenly view our civil service as a cost. alize their important role in finding so tient Protection and Affordable Care Rather, it is an important national re- many solutions to the very difficult Act, the head of such department or source with real benefits for all of us. problems we face. The pending amend- agency shall ensure that the addition At the end of the day, I must remind ment’s pay freeze and hiring restric- of such new bureaucrat is offset by a my colleagues that it is our out- tions will do almost nothing to reduce reduction of one existing bureaucrat at standing Federal employees who will our deficit; rather, its effect on our such department or agency.’’ carry out the programs we pass every- government’s ability to address serious In effect, we would have to fire a Fed- day in this Chamber. We will continue issues will be disastrous. eral worker to hire one. This so-called to count on the Federal workforce to For those looking to shift the blame ‘‘bureaucrat offset’’ amendment—using keep our skies safe for travel, our for our troubles and who have their a word that has become, unfortunately, troops provisioned and veterans cared sights on America’s Federal employees, pejorative in our political discourse— for, our schools held to high standards, I suggest look elsewhere. was bad enough. and our homeland secure. For those who want easy, let’s-deal- The Thune amendment, with its Woodrow Wilson, as a young political with-this-later answers and are looking blanket pay freeze and hiring caps, scientist during the civil service re- for a convenient distraction, I say look takes this a step further, prohibiting form debates of the 1880s, advocated for elsewhere. any Federal agency from hiring a new a system of public administration be- For those who support this amend- employee until one retires. cause he believed that the conditions of ment, for those who habitually shy At a moment when we are faced with modernity require it in order for a away from making the tough choices a difficult choice about how to reduce democratic state to function at its we in this Chamber need to make, I our deficit and get our economy mov- best. say, though, look no further than the ing again, this amendment represents Indeed, our civil service has devel- public employees you so casually fault. an easy cop-out. oped into one uniquely suited to our They know how to make tough All those who blame Federal employ- needs and incorporating America’s best choices. ees for our Nation’s problems or believe constitutional traditions. We have a I yield the floor and suggest the ab- that cutting their salaries or capping Federal workforce of which we can be sence of a quorum and ask unanimous their number will in any way solve proud. consent that it be charged against both those problems remain averse to mak- Federal employees play a critical sides. ing difficult decisions. role in our national life and, through The ACTING PRESIDENT pro tem- The cuts to the Federal workforce in their work, exemplify so many of our pore. Without objection, it is so or- the Thune amendment would only save Nation’s great values. These include dered. the taxpayers a meager amount com- exemplary citizenship; industriousness; The clerk will call the roll. pared to what we need to save. Its pro- a willingness to take risks; persever- The assistant legislative clerk pro- visions on the Federal workforce and ance; modesty; and intellect. ceeded to call the roll. the ongoing, gratuitous disparagement Contrary to popular myth, most Fed- Mr. THUNE. Madam President, I ask of America’s public employees from eral employees work outside of Wash- unanimous consent that the order for many directions constitute a dan- ington. In fact, no State—and I include the quorum call be rescinded. gerous distraction from the very tough the District of Columbia—no State is The ACTING PRESIDENT pro tem- steps we as a nation must take. home to more than 8.5 percent of the pore. Without objection, it is so or- The greatest challenges we face total Federal workforce. Our govern- dered. today—the gulf spill, two wars, carbon ment employees work in communities Mr. THUNE. Madam President, in re- pollution, illegal immigration, market large and small, spread out from coast sponse to the comments of my col- volatility—all of these will be tackled to coast and overseas. league from Delaware, I do not think by hardworking Federal employees. One of the challenges we face is a anybody is denigrating the quality of All of these challenges require a Federal retirement boom. As the baby Federal employees. To the contrary. readiness on our part to make difficult boomers get older, the Office of Per- We are all Federal employees. We all choices. Scapegoating and playing the sonnel Management has estimated that know Federal employees. We are all blame game won’t get us anywhere. one-fifth of the Federal workforce will friends of Federal employees. And we

VerDate Mar 15 2010 00:54 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G17JN6.015 S17JNPT1 smartinez on DSKB9S0YB1PROD with SENATE S5062 CONGRESSIONAL RECORD — SENATE June 17, 2010 have a lot of Federal employees who do Again, what I have said before, and I It wasn’t my intention to impose a a great job. will reiterate for the benefit of my col- very restrictive straitjacket-type ap- All we are simply saying is when you leagues, is that I think we have a re- proach on Federal managers. On the are in a tough economy, everybody sponsibility to be fiscally responsible contrary, we think there should be a ought to look at what they can do to in Washington, DC. As I said before, we top line budget, that we ought to be live more within their means. When we have people all over the country mak- able to live within it, and certainly are running a $1.5 trillion deficit this ing hard decisions with regard to their managers can make decisions within year and trillion-dollar deficits as far personal and family budgets, with re- that about how best to allocate those as the eye can see, Lord knows we gard to their small businesses, and resources. Congress has actually ought to be looking within to figure they are having to reduce employee blocked its own pay raise in the past 2 out what we can do to try and find salaries, for example, and they are hav- years, so it seems to me that is at least some savings that we can use to either ing to make reductions in force and let something we could apply to other pay for the things we need to do or per- people go. Those are hard decisions to areas of our Federal Government as haps pay down the Federal debt which, make. Surely in Washington, DC, well. as I said, my amendment does. where we have seen year-over-year in- So, again, I think the whole purpose behind this amendment is simply to AMENDMENT NO. 4376, AS MODIFIED creases in Federal spending, in discre- create an opportunity for Senators to Also, because I think there is a con- tionary domestic spending, that ex- vote for fiscal responsibility, to vote cern that somehow every Federal em- ceeds inflation by six times—look at for paying for the things we spend ployee is going to be frozen, I have a the fiscal year 2010 and fiscal year 2009 money on in Washington, to vote for modification to my amendment that appropriations bills and the increases living within our means, and to vote that were allowed—211⁄2 percent in addresses that concern. for not adding billions and billions of Madam President, I ask unanimous those two appropriations bills, at a dollars to the Federal debt, which is al- consent that the changes at the desk time when inflation was 31⁄2 percent. ready at $13 trillion and growing by the be incorporated into my amendment. How can we justify increasing spending over 20 percent in Washington, DC, day. For the information of my colleagues, It seems, at least to me, this is an op- when the rate of inflation in our econ- these are changes to section 403, and portunity for us to demonstrate to the omy is 31⁄2 percent and people all over they address the criticisms. American people that we are serious The amendment would prohibit in- the country are having to make cuts? about getting Washington’s spending creases in salaries or bonuses for Fed- It is high time Washington, DC, and and debt under control. This amend- eral civilian employees. The changes the Federal Government went on a ment addresses the issue of unemploy- that are at the desk will allow such in- diet. ment insurance and extending that, ad- creases and bonuses to occur so long as That is not to say anything to deni- dresses the issue of expiring tax provi- agencies do not exceed their fiscal year grate or impugn the quality of Federal sions, reduces taxes by $26 billion, ad- 2009 budget for salaries. employees. As I said before, there are a dresses the impending cut in physician This is a unanimous-consent request. lot of Federal employees who do a reimbursements that would occur if This would address the concerns raised great job. All this is simply saying we Congress doesn’t take action, but it by some of my colleagues on the other in Washington, DC, ought to lead by does it for 2 years longer than what the side about making sure Federal agen- example. There is great power in exam- legislation of the majority would do. cies have adequate flexibility with sal- ple, and we have not been providing the We address that up to the end of the aries and bonuses to address those em- example for the American people. We year 2012. ployees they think are deserving of pay are asking them to make these hard So it takes care of all those things, raises. All they have to do is live under choices, but we are not willing to make and it does it in a fiscally responsible that top-line number that gives them those choices ourselves. way by reducing spending by over $100 flexibility as a Federal manager and to So I think this amendment gives billion, as I said before, by reducing work within it. Members of the Senate an opportunity taxes, by keeping taxes low on small The ACTING PRESIDENT pro tem- to say yes to fiscal responsibility, yes businesses, which are the job creators pore. Is there objection? to living within our means, yes to pay- in our economy. According to the Con- Mr. BAUCUS. Reserving the right to ing for what we spend money on, and gressional Budget Office, it reduces the object, I may say to my friend from yes to not handing the credit card to Federal debt by $68 billion. That is a South Dakota that this sounds a lot our children and grandchildren. These win-win for the American people—the like wage price controls, where the are not Draconian ideas; these are fair- American taxpayer—and it should be a Congress is trying to decide the wages ly straightforward savings that we win-win for the Senate. of all kinds of different sectors based would achieve simply by shaving a lit- I hope my colleagues will support on, I don’t know what. A lot of trap tle bit from these Federal budgets— this amendment, and with that, lines have to be run before this request making sure we rescind those stimulus Madam President, I reserve the re- can be granted. So at this point, funds that haven’t been spent or mainder of my time. Madam President, I object. haven’t been allocated to pay for this The ACTING PRESIDENT pro tem- The ACTING PRESIDENT pro tem- new spending. We use those funds that pore. Who yields time? pore. Objection is heard. have been appropriated but not spent Mr. THUNE. Madam President, may I Mr. THUNE. Madam President, I sim- to finance some of what we are doing inquire as to how much time remains ply offer that modification to my and then apply that to pay down the on each side? The ACTING PRESIDENT pro tem- amendment to address the concern Federal debt and freeze some of the pore. The Senator from South Dakota that every single Federal employee is Federal agencies in terms of their has 6 minutes, and the majority has 34 going to be capped at some level for budgets and ask for a 5-percent reduc- minutes. some foreseeable period of time. That tion in some of these agencies over the Mr. BAUCUS. Madam President, I is not the intention. course of the next foreseeable years. suggest the absence of a quorum, and I In fact, what the modification would Those are all fairly straightforward ask unanimous consent that the time do is ensure that within the overall steps I think anybody would take if during the quorum be equally divided. budget—within the top line—a man- they were trying to get back within a The ACTING PRESIDENT pro tem- ager could make adjustments to indi- reasonable budget to address what are pore. Without objection, it is so or- vidual employee salaries or bonuses if very serious concerns about the dered. that is something they desire to do. It amount of spending and the amount of The clerk will call the roll. just means the Federal Government— debt we are piling on future genera- The assistant legislative clerk pro- the agency—is going to have to live tions. So I am sorry the majority is re- ceeded to call the roll. within a certain number at the top sistant to accepting the amendment. It The ACTING PRESIDENT pro tem- line. They can work within that salary would address the concern that was pore. Madam President, I ask unani- number beneath that top line. That is raised by a couple of our colleagues on mous consent that the order for the all it does. the other side. quorum call be rescinded.

VerDate Mar 15 2010 02:09 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G17JN6.016 S17JNPT1 smartinez on DSKB9S0YB1PROD with SENATE June 17, 2010 CONGRESSIONAL RECORD — SENATE S5063 The ACTING PRESIDENT pro tem- by $126 billion. It includes over $70 bil- not have to come back and keep deal- pore. Without objection, it is so or- lion in new taxes. That, by the way, is ing with it every couple of months or dered. a net tax increase of $48 billion. It in- so. Mr. BAUCUS. Madam President, I creases the deficit by $79 billion over As I understand the latest proposal, might ask the Senator from South Da- the next 10 years. we are now only going to deal with kota, through the Chair, whether he That is the approach that we think is that to November of this year. Clearly wishes to renew his request to modify wrong. That is why Senator THUNE has right after the election we are going to his amendment because I might tell proposed an alternative that we will be have to come back in a lame duck ses- him, through the Chair, that the voting on here in about 25 minutes, sion. That will make certain we will amendment has been cleared on this that I think takes the correct ap- have a lame duck session because we side. proach. It cuts taxes by $26 billion by will have to act on this yet again. Why The ACTING PRESIDENT pro tem- extending current law. It cuts spending would we do it that way? It is not the pore. The Senator from South Dakota. by over $100 billion. It actually reduces responsible way to do it, obviously. It Mr. THUNE. Madam President, I will the deficit by $55 billion, all according is to reduce the cost of the legislation renew my request to so modify my to the Congressional Budget Office, here so we do not have to have as much amendment, and I appreciate the man- which of course is nonpartisan. in the way of offsets. ager accepting that change. I want to add a point about the no- I appreciate the fact we are trying to The ACTING PRESIDENT pro tem- tion of offsetting spending increases or reduce the size of the bill, but we are pore. Without objection, it is so or- so-called paying for those increases. only fooling ourselves by reducing this dered. There are a couple of things that are particular element of the bill. We The amendment is so modified. done in the Baucus substitute that I ought to be reducing other elements of The modification to amendment No. think need to be pointed out because this legislation rather than the physi- 4376 is as follows: they are not an appropriate way to off- cian payments because we know those SEC. 403. TEMPORARY ONE-YEAR FREEZE ON set the costs of spending under the bill. bills are going to come due and we are COST OF FEDERAL EMPLOYEES SAL- In one of them, we take the oilspill simply putting off the inevitable. ARIES. trust fund that is supposed to contain The final point of criticism of the Notwithstanding any other provision of chairman’s bill is the way it deals with law, the total amount of funds expended on money in it to take care of oilspills when the company’s money—for exam- something called S corps. These are salaries for civilian employees of the Federal generally small businesses run by an Government in fiscal year 2011 shall not ex- ple, British Petroleum’s money—runs ceed the total costs for such salaries in Fis- out and have the Government assist in individual—a doctor, a lawyer, an ac- cal Year 2009: Provided the amounts spent on cleaning up an oilspill when that fund countant who has a couple of employ- salaries on members of the armed forces are is supposed to exist for that purpose, to ees. We are trying to raise—not we, not exempt from the provisions of this section; clean up the oilspill. Today this is a we, the majority is trying to raise Provided further, nothing in this section pro- tax—it is 8 cents per barrel—for the money by changing the tax treatment hibits an employee from receiving an in- for these particular legal entities. In crease in salary or other compensation so companies to pay into that fund. Under the Baucus substitute that would be order to do what? To raise $11 billion. long as such an increase does not increase I submit that rather than trying to any agency’s net expenditures for employee raised to 49 cents per barrel. It may salaries. well be that we need to raise the tax on find a way to raise $11 billion, and in this particular case it does not work, Mr. BAUCUS. Madam President, I the oil companies for the trust fund to pay for oilspills but that is what it we ought to be reducing the cost of the suggest the absence of a quorum, and I legislation by $11 billion or finding off- ask unanimous consent that the time should be raised for, to pay for the oil- spills, not to pay for something totally sets, such as Senator THUNE has found during the quorum be equally divided. in his legislation, that do not result in The ACTING PRESIDENT pro tem- unrelated in this legislation. Because if we do that then when it comes time to bad tax policy. pore. Without objection, it is so or- The net result is that, with all due tap the trust fund to pay for the oil- dered. respect to the chairman—again I thank spill, the money has already been spent The clerk will call the roll. him for yielding his time so that I The assistant legislative clerk pro- on things other than what we raised could speak against his legislation—I ceeded to call the roll. the money for in the first place. So do not think it is the right approach. I Mr. BAUCUS. Madam President, I that is not an appropriate way to pay think we are going to have to go back ask unanimous consent the order for for part of this legislation. and get this right or we are not going the quorum call be rescinded. The second thing is, this is putting to be able to move forward or to pro- The ACTING PRESIDENT pro tem- off the problem to the future in order ceed to the consideration of his pro- pore. Without objection, it is so or- to take care of a more immediate need. posal. I think a better approach is the dered. It has to do with the fact that we have Mr. BAUCUS. I yield 10 minutes to to pay for physicians who take care of Thune proposal. As I said, we will have a chance to the Senator from Arizona. Medicare patients. This was a problem vote on that here in a minute and I The ACTING PRESIDENT pro tem- that should have been addressed in the hope my colleagues will support the pore. The Senator from Arizona. health care legislation. It was not. As a Thune proposal as more fiscally pru- Mr. KYL. Madam President, first let result, all of the payment for physi- dent, as not adding to the deficit, not me thank Senator BAUCUS for yielding cians in Medicare was put off to be increasing taxes, and not making bad time that he has for me to speak. I ap- dealt with at a later time. Now is the tax policy. preciate that very much. later time except we do not want to do Again, I thank my colleague for I want to support the Thune amend- it now either, apparently. yielding his time and suggest the ab- ment. The Thune amendment is a re- The payment for Medicare has al- sence of a quorum. sponsible approach both to the things ready expired. There is not enough The ACTING PRESIDENT pro tem- we need to do but also that need to be money and has not been enough money pore. The clerk will call the roll. offset in ways that do not add to our for the last couple of weeks to pay doc- The assistant legislative clerk pro- deficit or raise taxes. It includes all of tors to take care of Medicare patients. ceeded to call the roll. the major priorities that have been ac- We are simply holding their bills. But Mr. BAUCUS. Madam President, I cepted by both sides here—by the within the next few days we are going ask unanimous consent the order for Democratic Party’s version of the ex- to have to pass something that allows the quorum call be rescinded. tender bill as well as the things Repub- payment of those doctor fees to take The ACTING PRESIDENT pro tem- licans wish to do—but it is fully paid care of Medicare patients. The idea pore. Without objection, it is so or- for. It cuts wasteful spending and here was to try to get that to at least dered. doesn’t raise a dime in taxes. a 2- or 3-year period. The last version Mr. BAUCUS. How much time is re- The underlying proposal that the coming from the Democratic side was, maining to each side? chairman of the committee has pre- I think, 18 months or so. The idea is to The ACTING PRESIDENT pro tem- sented to us would increase spending try to deal with that problem so we do pore. There is 20 minutes 40 seconds.

VerDate Mar 15 2010 00:54 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G17JN6.017 S17JNPT1 smartinez on DSKB9S0YB1PROD with SENATE S5064 CONGRESSIONAL RECORD — SENATE June 17, 2010 Mr. BAUCUS. There is 20 minutes 40 provisions that are currently in law, according to the CBO, in more deaths seconds on our side; zero seconds on such as the research and development in America. the other side? tax credit, that are important to our The Thune amendment would also The ACTING PRESIDENT pro tem- economy and to our competitiveness; cut the number of people insured under pore. That is correct. and, finally, making sure the reduction health care reform. It would reduce the Mr. BAUCUS. I suggest the absence or the cut in physician reimbursements number of people insured under health of a quorum. under Medicare does not go into effect. care reform. I do not think many peo- The ACTING PRESIDENT pro tem- So those are basically the elements ple would like that part of the Thune pore. The clerk will call the roll. we are talking about today in terms of amendment to stand alone and of The assistant legislative clerk pro- the things we are trying to get done. itself. ceeded to call the roll. The difference occurs as to how we Moreover, the Thune amendment Mr. THUNE. Madam President, I ask would propose paying for that. The cuts back Recovery Act funds. That en- unanimous consent that the order for Democratic majority has put forward dangers jobs. The Congressional Budget the quorum call be rescinded. their proposal which does include tax Office made it very clear that the Re- The ACTING PRESIDENT pro tem- increases, about $50 billion now in the covery Act does create jobs; it lowers pore. Without objection, it is so or- current version of it in tax increases. It unemployment. The Thune amendment dered. does raise the debt by about $50 billion, would go in the opposite direction of Mr. THUNE. Madam President, my adds more onto the Federal debt, not- preventing job creation, of encouraging understanding is that we are headed to- withstanding the commitment to pay high unemployment. That would be the ward a noon vote, perhaps a little bit for things under the pay-go rules that effect of it. ahead of that. I ask unanimous consent were enacted in the Senate, and it does The Thune amendment also shields to have about 3 minutes to close debate increase spending substantially. the oil companies and multinational on our side. What I am offering as an alternative corporations from paying their fair The ACTING PRESIDENT pro tem- for Senators to vote on is an approach share of taxes. I do not think, espe- pore. Is there objection? that is very different. It reduces taxes. cially with the gulf oilspill, many Mr. BAUCUS. Reserving the right to There are no tax increases in it. The Americans want to shield the oil com- object, actually I think we are going to tax reductions occur because of extend- panies from paying their fair share of probably vote earlier than that. I just ing existing tax law, actually reducing taxes, from paying funds into an oil li- wonder how much time is remaining on taxes by $26 billion. ability trust fund to pay for future oil- the other side? It reduces the Federal debt, accord- spills. I think Americans also do not The ACTING PRESIDENT pro tem- ing to the Congressional Budget Office, want to shield multinational corpora- pore. Zero minutes remain. by $68 billion, and it reduces spending tions from paying their fair share of Mr. BAUCUS. No time remaining on by $100 billion. As I said earlier, I think taxes. the other side. There is no time on the it is important the Federal Govern- There are loopholes in current law side of those who wish to speak in ment go on a diet. We have all kinds of that multinationals take advantage of. favor of the amendment. issues, and Americans across this coun- I think most Americans would not like The ACTING PRESIDENT pro tem- try have lost jobs, unemployment is at these loopholes to continue. The Thune pore. There is 15 minutes on the Sen- a high rate, people are having to make amendment continues those loopholes. ator’s side. decisions. There has been a loss of in- So for all of those reasons, I strongly Mr. BAUCUS. And no time remaining come. They are reducing their personal urge my colleagues to not support the on the side of those who wish to speak budgets, their family budgets, their Thune amendment. in favor of the Thune amendment? business budgets. I yield back the remainder of my The ACTING PRESIDENT pro tem- Here in Washington, DC, we continue time, and I raise a point of order pore. Correct. to spend and spend and spend like there against section 701 of the Thune Mr. BAUCUS. There is about 15 min- is no tomorrow and hand the bill to fu- amendment pursuant to section 403 of utes remaining on this side. I wonder if ture generations. So this is the debate. S. Con. Res 13, the concurrent resolu- my friend from South Dakota, who It is a clear difference in approach, and tion on the budget for fiscal year 2010. wishes to speak in favor of the amend- I hope my colleagues will vote in favor The ACTING PRESIDENT pro tem- ment, even though his time has ex- of fiscal responsibility, vote in favor of pore. The Senator from South Dakota. Mr. THUNE. Madam President, pur- pired, may want to speak favorably paying our way, vote in favor of living suant to section 904 of the Congres- about the Baucus substitute, or, if he within our means, and vote in favor of sional Budget Act of 1974 and section wishes to speak on his own amend- reducing the debt on future genera- 4(G)(3) of the Statutory Pay-As-You-Go ment, he can point out some of the tions. good points of the Baucus substitute at So I would ask my colleagues in the Act of 2010, I move to waive all applica- the same time; otherwise, I have no ob- Senate to support this amendment. I ble sections of those acts and applica- jection. yield back the remainder of my time. ble budget resolutions for purposes of But to be fair to my side, too, and The ACTING PRESIDENT pro tem- my amendment, and I ask for the yeas given the time constraints that we pore. The Senator from Montana. and nays. The ACTING PRESIDENT pro tem- might have, I can only give 21⁄2 min- Mr. BAUCUS. Madam President, I utes. think it is good to again remind my pore. Is there a sufficient second? The ACTING PRESIDENT pro tem- colleagues what is in the Thune amend- There appears to be a sufficient second. The question is on agreeing to the pore. The Senator from South Dakota. ment and why it is not good policy and motion. Mr. THUNE. I will proceed accord- why it should not be adopted. First of 1 The clerk will call the roll. ingly and try to conclude this in 2 ⁄2 all, it would call for a 5-percent cut in The bill clerk called the roll. minutes. That, unfortunately, does not most of government. The Defense De- Mr. DURBIN. I announce that the give me enough time to say favorable partment is exempt; the Veterans De- Senator from Minnesota (Ms. things about the substitute of the Sen- partment is exempt but not other sec- KLOBUCHAR) is necessarily absent. ator from Montana. tions. Homeland Security comes to Mr. KYL. The following Senator is But I do want to close the debate on mind. Law enforcement comes to mind. necessarily absent: the Senator from this amendment by saying that I do Border Patrol comes to mind. There South Carolina (Mr. GRAHAM). think this presents to us a very clear are various areas that would be cut 5 Further, if present and voting, the choice about how to accomplish what percent across the board arbitrarily. Senator from South Carolina (Mr. this legislation strives to accomplish; Second, it would impose harsh caps GRAHAM) would have voted ‘‘yea.’’ that is, as we have all talked about— on medical malpractice damages, the The PRESIDING OFFICER (Mrs. something I think both sides agree on, so-called tort reform. The Thune HAGAN). Are there any other Senators Democrats and Republicans—extending amendment includes tort reform in a in the Chamber desiring to vote? unemployment benefits to those who way that is unthought through, very The yeas and nays resulted—yeas 41, have lost jobs; extending expiring tax harsh caps that would, frankly, result, nays 57, as follows:

VerDate Mar 15 2010 01:12 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G17JN6.019 S17JNPT1 smartinez on DSKB9S0YB1PROD with SENATE June 17, 2010 CONGRESSIONAL RECORD — SENATE S5065 [Rollcall Vote No. 193 Leg.] plume that ranges from Pensacola, FL, Mr. SESSIONS. Madam President, I YEAS—41 all the way over to Fort Walton, and wish to thank Senator LEMIEUX for Alexander Crapo McCain we had 32 skimmers. Today, the report raising this matter. Barrasso DeMint McConnell is we have 20 skimmers—20 skimmers. I was at the Alabama gulf coast on Bennett Ensign Murkowski That is like me and my buddies getting Friday. We were told there was a batch Bond Enzi Nelson (NE) in our boats out there and trying to of oil 30 feet wide, 2 miles long that Brown (MA) Grassley Risch Brownback Gregg Roberts clean this up. That is not the Federal they could see coming onto the shores Bunning Hatch Sessions Government doing its best effort to of the beaches that had not yet been Burr Hutchison Shelby Chambliss Inhofe clean up this oilspill. hit in any significant way. In my mind, Snowe Coburn Isakson The incident command from the a good skimmer, even at 1 or 2 miles Thune Cochran Johanns Coast Guard’s report says there are 100- Vitter per hour, could get every bit of that, Collins Kyl some skimmers off the coast. It is un- virtually. I first thought skimmers Corker LeMieux Voinovich Cornyn Lugar Wicker clear whether those are off the coast of wouldn’t be that effective. I assumed Florida or completely off the coast. It the oil would be very thin and it would NAYS—57 could be the coast of all of the States. come in and be hard to skim, but ap- Akaka Feinstein Mikulski I asked Admiral Allen to clarify that. parently it is coming in patches and Baucus Franken Murray Bayh Gillibrand Nelson (FL) He said he would. bunches, which makes it more Begich Hagan Pryor Admiral Allen tells us there are 2,000 skimmable than I had originally Bennet Harkin Reed skimmers in the United States of thought. Bingaman Inouye Reid America. Why aren’t those skimmers, Boxer Johnson Rockefeller The admiral, whom we spoke to less Brown (OH) Kaufman Sanders where available, steaming toward the than an hour ago, indicated that he Burris Kerry Schumer Gulf of Mexico? He said he is going to was requesting of the Navy, as I heard Byrd Kohl Shaheen put a process in place where we can re- what he said, a certain number of Cantwell Landrieu Specter Cardin Lautenberg Stabenow quest them. It has been 60 days since skimmers, and they had 400, and we Carper Leahy Tester the oil started spilling. Why are we haven’t gotten them yet. Perhaps some Casey Levin Udall (CO) waiting until now to request skim- plan somewhere calls for them to have Conrad Lieberman Udall (NM) mers? Why are we contacting Gov- Dodd Lincoln Warner skimmers in this bay or this harbor in Dorgan McCaskill Webb ernors now to request skimmers? Why case something happens, but when we Durbin Menendez Whitehouse are there only 20 skimmers off of my have a national catastrophe as we have Feingold Merkley Wyden home State when we have this huge going on, every one that could possibly NOT VOTING—2 mass of oil? be spared should have already been Graham Klobuchar The State Department reported Tues- moved to the gulf coast. I really feel as day morning that 21 requests have though this is a frustrating event. It is The PRESIDING OFFICER. On this come in from 17 countries—rather, 21 vote, the yeas are 41, the nays are 57. more serious than I had realized. offers of support from 17 countries to Also, I think there are several thou- Three-fifths of the Senators duly cho- give us skimming equipment. The sand worldwide that have not been sen and sworn not having voted in the State Department says they have been asked for that could be asked for. So I affirmative, the motion is not agreed declined. I talked about it to the Presi- think we can do better. I am going to to. dent on Tuesday and Admiral Allen, find out if the decisionmaking process Under the previous order, the amend- and they say: No, it is not true; we is so bureaucratic that for no good rea- ment is withdrawn. have gotten things in from other coun- The Senator from Florida. son, we have been delayed in receiving tries. What is the truth? What is the help that could make a big difference Mr. LEMIEUX. Madam President, I answer? Are we refusing foreign coun- ask unanimous consent to speak as in on the gulf coast. try assistance or not? I asked him about President Obama’s morning business. Now there is this thing about, we are speech last night. As a result, he made The PRESIDING OFFICER. Without going to have a process to let people re- objection, it is so ordered. comments—— quest waivers of the Jones Act. We are Mr. REID addressed the Chair. GULF OILSPILL 60 days into this. On Monday, I sent a The PRESIDING OFFICER. The ma- Mr. LEMIEUX. Madam President, I letter to the President, along with Con- jority leader. come to the floor again today to talk gressman JEFF MILLER, asking for the Mr. REID. Madam President, would about the situation in the Gulf of Mex- Jones Act to be waived. Why aren’t we my friend yield? ico. doing everything possible to bring Mr. SESSIONS. I would be pleased to Yesterday, I came to report on my skimmers to the Gulf of Mexico? What yield. meeting with the President of the is the problem? f United States, as well as JEFF MILLER, I am going to come to the floor of the our Governor, and ADM , Senate every day we are in session MORNING BUSINESS that we had on Tuesday in Pensacola. I until this oilspill stops, until every Mr. REID. Madam President, I would am pleased to report what the Presi- drop of oil is cleaned up, and make a say to my friend from Alabama, we are dent has done with this fund. It is a point about this skimmer issue. It is trying to work something out for votes good idea to get the $20 billion in not acceptable. Who is in charge of this afternoon, and we are in the proc- claims that can be made and can be this? Is it the President? Is it Admiral ess of doing that. I think it would be paid. Allen? Is it BP? Who is in charge? appropriate that until 1 o’clock we be However, there is another issue. The There are only 20 skimmers off the in a period of morning business, with most pressing issue right now is keep- coast of Florida. It doesn’t make any Senators allowed to speak for up to 10 ing the oil off the coast of the gulf. We sense. Somebody has to do something minutes each during that period of do not have a handle on this situation about it. In my position, what I can do time. I want to hopefully come back with the skimmers. We just met with is complain, and that is what I am with an arrangement to move forward Admiral Allen, and the information doing today and will continue to do. I on the legislation. isn’t any better than it was 2 days ago. am going to press Admiral Allen and The PRESIDING OFFICER. Is there In fact, for Florida, the information ap- this administration to get as many objection? pears to be worse. skimmers there as possible. We need Without objection, it is so ordered. On Tuesday, there were 32 skimmers, engagement from this administration The Senator from Alabama. according to the Florida Department of on this issue, and no other question Mr. SESSIONS. Madam President, I Environmental Protection and the should be answered until we find out ask unanimous consent to speak in Florida incident command off the coast where all those skimmers are. morning business and be notified in 5 of Florida—32. There is a plume of oil 2 Thank you, Madam President. minutes. miles wide and 40 miles long off the The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Without coast of Pensacola. There is another ator from Alabama. objection, it is so ordered.

VerDate Mar 15 2010 02:09 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\A17JN6.003 S17JNPT1 smartinez on DSKB9S0YB1PROD with SENATE S5066 CONGRESSIONAL RECORD — SENATE June 17, 2010 Mr. REID. Madam President, there is Well, the Federal status under State Madam President, I thank the Chair. one thing I didn’t do. I apologize to my control is the procedure by which the And I thank Senator LEMIEUX for driv- friend for interrupting him and express Guard people operate under State con- ing home the problem that, to me, is my appreciation for his usual coopera- trol, which eliminates some of the pro- most inexplicable; that is, our failure tion. hibitions on military people being to maximize our ability to have skim- Mr. SESSIONS. Madam President, I used, Federal military people being mers available to protect our beaches. know the majority leader has many used for nonmilitary matters, and it al- I yield the floor. challenges, and he certainly is entitled lows payment by the Federal Govern- The PRESIDING OFFICER. The Sen- to respect to make this kind of an- ment. ator from Florida. nouncement. I guess I would just say that this is not worked out yet. As a matter of Mr. LEMIEUX. Madam President, I f fact, Governor Riley has personally just wanted to speak for another mo- NATIONAL GUARD been engaged in this, and I have been ment, if I may, and compliment my Mr. SESSIONS. Our Governor has so proud of his leadership. He has colleague from Alabama, who has been called up 300 National Guardsmen, and called these guardsmen for some time very vigorous on this issue. I appre- I think it needs to be done under title and has been requesting that they be ciate his voice to make sure we find 32, which is Federal status under State approved under title 32. out what is going on with these re- The Admiral told me today that control. sources, especially as he spoke about there are still bureaucratic problems— The President on Tuesday evening the National Guard, which is an impor- the Department of Defense says this tant topic. said: and some law says this. I would just I have authorized the deployment of over say that the Commander in Chief, the To follow up on my comments before, 17,000 National Guard members along the President of the United States, said: I have two documents that I ask unani- coast. These service men and women are Call them up and let’s get busy about mous consent to have printed in the ready to help stop the oil from coming RECORD. ashore, clean beaches, train response work- it. And I hope somehow this can be ers, or even help with processing claims, and taken care of promptly, as it is impact- There being no objection, the mate- I urge the governors in the affected states to ing the budget of the State of Alabama rial was ordered to be printed in the activate these troops as soon as possible. in a significant way. RECORD, as follows:

VerDate Mar 15 2010 01:12 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G17JN6.041 S17JNPT1 smartinez on DSKB9S0YB1PROD with SENATE June 17, 2010 CONGRESSIONAL RECORD — SENATE S5067

VerDate Mar 15 2010 01:12 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\A17JN6.004 S17JNPT1 smartinez on DSKB9S0YB1PROD with SENATE Insert offset folio 34 here ES17JN10.001 S5068 CONGRESSIONAL RECORD — SENATE June 17, 2010

VerDate Mar 15 2010 01:12 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\A17JN6.004 S17JNPT1 smartinez on DSKB9S0YB1PROD with SENATE Insert offset folio 35 here ES17JN10.002 June 17, 2010 CONGRESSIONAL RECORD — SENATE S5069 Mr. LEMIEUX. Madam President, working on it. That sounds good, but me a moment ago, they are going to these are two documents from yester- we need results. It is not just about ef- put in a request to Governors to free up day. I spoke a moment ago of 20 skim- fort; we need results. These reports are skimmers. There are skimmers around mers. That is a Thursday document; showing that we are not getting the re- the country that have to be on duty be- this is the Wednesday document. sults. cause there could be a spill someplace This is the Snapshot Report No. 22, Mr. SESSIONS. Does the Senator un- else. They have to request waivers. Deepwater Horizon Response, Wednes- derstand that Admiral Allen has the One, why are we waiting until now? day, June 16, from the State of Flor- power—or the President does—to enter Two, that is like saying your house is ida’s Governor Crist to Dave Halstead, into Jones Act waivers that need to be burning down, but the fire truck is cov- State coordinating officer. This says, entered into, and that presumably ering another area in case a fire breaks as of yesterday, 32 skimmers off the could be done in a matter of minutes or out. Well, the fire is happening now. coast of Florida. The report we have hours? What is holding this up? Has the The skimmers need to go to the gulf from today has 20, so that is a drop of Senator been able to ascertain that? now. Why there isn’t that sense of ur- 12. Mr. LEMIEUX. I don’t know what is gency and followup, I cannot explain. This is the National Incident Com- holding it up. The Jones Act is not a Mr. SESSIONS. I thank the Senator. mand Daily Situation Update, Shore barrier. That can be waived. The Jones I yield the floor. Operations—Florida panhandle, De- Act was waived, as I understand it, Mr. DORGAN. Madam President, I partment of Homeland Security docu- after Katrina. There is power under the suggest the absence of a quorum. ment. U.S. Code—I believe it is 46 U.S. Code, The PRESIDING OFFICER. The It says there are 110 skimmers. We section 500, but I will check that—that clerk will call the roll. just found out that is for the entire gives the ability of agency heads of the The bill clerk proceeded to call the gulf coast. What is being reported to us Federal Government to waive the roll. is that there are 110 skimmers for the Jones Act. Mr. DORGAN. Madam President, I entire gulf coast. Thirteen of those The President and Admiral Allen tell ask unanimous consent that the order skimmers are off of Florida. We are us there are ships that have come from for the quorum call be rescinded. told that those 13 are encapsulated foreign countries. I hope that is true. I The PRESIDING OFFICER. Without within this number of 32. As of yester- assume it is if they told us that. Why objection, it is so ordered. day, 32; as of today, 20. Only 110 skim- is the State Department on the one mers are off the entire gulf coast to hand reporting that they are declining f fight this problem. offers of assistance from 17 countries, SHIPPING JOBS OVERSEAS We are calling upon this administra- and then we hear some ships are being tion to get its act together. We com- used? Mr. DORGAN. Madam President, I mend them for this fund yesterday. It comes back to the point my col- have filed an amendment to the under- That is good work. We give credit league, Senator NELSON from Florida, lying legislation. I know there is dis- where credit is due. But we have to made about having a command and cussion about who might get an stop this oil from coming to shore. control unit. I am believing that Admi- amendment. A lot have been filed. These skimmers can do the job. ral Allen is running this operation, and There is negotiation about which If there are 2,000 skimmers in this I like him and commend him for his amendments might be made pending country, why aren’t they headed to the service. But we obviously need to have and debated. I hope this amendment gulf? If there are thousands of them a better top-down control situation will be. It has had a long and tortured around the world, why aren’t they here so that we get some results. history. It is an amendment I offered headed to the gulf? This question must Every person in America has to be when the now-President, Barack be answered as quickly as possible. scratching their head as to why these Obama, was a Senator, and he strongly My colleague from Alabama and I skimmers aren’t there. Why aren’t supported it. In fact, during his cam- and others will continue to come to the there hundreds of them off the coasts paign, he talked a lot about this sub- Senate floor and urge this administra- of Alabama, Florida, Louisiana, and ject. It is the issue of shutting down a tion to get on top of this problem and Mississippi? We just celebrated the an- perverse tax incentive that exists in get these skimmers where they need to niversary of Dunkirk a couple days this country for shipping jobs overseas. be. ago, where the British civilians took We provide tax incentives if you are Mr. SESSIONS. Before the Senator their boats out and rescued the British willing to shut down your factory, fire leaves, I will ask a question to my col- soldiers who were retreating, and saved your workers, and move your product league, because he has come to this the day. Why aren’t there boats there elsewhere; we say we will give you a lately. He might share with us—the to save the day for the gulf coast? tax break. That is unbelievable. We Senator has had personal conversations Mr. SESSIONS. Well, has the Senator have had four recorded votes in the with Admiral Allen, the point person, ascertained that anybody in our gov- Senate. I have lost all of them. about this for some time, has he not? ernment is scouring the world and the As it seems, many people believe we We still have difficulty getting firm United States to try to move every sin- ought to continue this tax incentive. I numbers, as the Senator pointed out, gle skimmer that could possibly be think we ought to continue to try to about how many might be available brought to the gulf coast? If not, we get a majority in the Senate to agree and what prospects we have for the ar- are awfully late, wouldn’t the Senator with the proposition that, at long last, rival of more skimmers, is that cor- think? Shouldn’t that have been done we have to stop subsidizing shipping rect? weeks ago? American jobs overseas. Mr. LEMIEUX. That is correct. We Mr. LEMIEUX. That is a great point. On this chart is a description of the have been talking to the Coast Guard There doesn’t seem to be a sense of ur- ‘‘cool, refreshing taste of mint dipped for weeks about trying to muster every gency. Job 1 is stopping the oil from in dark chocolate.’’ The ad, by Her- skimmer available to the gulf for not leaking, and job 2 is stopping the oil shey’s, is for their York Peppermint just Florida but for Alabama, Mis- from coming ashore. They are doing Patty, and it says, ‘‘the cool, refresh- sissippi, and Louisiana. I met with the some good work. The President tells us ing taste of mint dipped in dark choco- President, Admiral Allen, Governor that by the end of the month 90 percent late will take you miles away.’’ Little Crist, Congressman JEFF MILLER, and will be contained. Let’s hope that hap- did we know that it will actually take other State officials in Pensacola. We pens. Let’s stop the oil from getting on you to Mexico, because that is where met for an hour. I asked about the our beaches, in our estuaries, our they began to make these mint patties. skimmers and about the report from coastal waterways. The best way to do They used to be American made, all- the State Department, and I asked: Did that with booming is skimming. As the American mint patties. But now they we decline foreign assistance? I asked Senator mentioned, skimming is work- have gone to Mexico. In fact, 260 jobs about the skimmers. He said that, of ing and the oil is able to be skimmed. were moved to Monterrey, Mexico, as course, Admiral Allen wants to get as Why are we waiting to ask Governors? part of a long-term Hershey’s strategy. many skimmers as possible, and he is As Admiral Allen told the Senator and So that is mint patties. I suppose they

VerDate Mar 15 2010 01:12 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G17JN6.042 S17JNPT1 smartinez on DSKB9S0YB1PROD with SENATE S5070 CONGRESSIONAL RECORD — SENATE June 17, 2010 are not as important as, perhaps, auto- issue of the migration of jobs—a Chi- I said: Where are you headed? mobiles, or jobs that are making so- nese-owned sweatshop in El Salvador He said: I am heading to Asia. I am phisticated high-tech equipment. But making NFL jerseys for Reebok. going to be on a long trip, 25, 30 hours, still and all it is mint patties. I have held hearings, and I have had so I decided to dress down. Hallmark Cards, an American com- people who work in El Salvador testify He was wearing one of those sweat pany, privately held in Kansas City, at hearings. I will not spend much time outfits. MO, with a 100-year history in our on this because I have shown it on the I said: Why are you going to Asia? country. It was founded by a high Senate floor so many times. This is He said: My company wants to move school dropout who started this com- Radio Flyer, a little red wagon made in the jobs and have the products that we pany in 1910 with shoe box postcards. Chicago. This a 110-year-old company, buy from the suppliers made in Singa- He sold a shoe box full of postcards, made by a wonderful immigrant who pore, Thailand, and China. So I am while living at the YMCA in Kansas loved radios and loved airplanes, built going on a trip to Singapore, Thailand, City. This became a fabulously success- a little red wagon that every kid in and China to take a look at where we ful card company. In fact, all of us this country has ridden in. What did can move these jobs to these countries. have used Hallmark cards to send a they name the little red wagon? Radio I thought, here is a guy sitting on a message to someone. When they say ‘‘if Flyer, because he liked airplanes and plane, wearing a sweat suit, and he is you care enough to send the very best,’’ radios. We all understand what Radio going someplace and there are perhaps they don’t exactly now say where to Flyer means. It means a little red thousands of workers whose job is send it. If you are going to send it wagon that pulls kids. But they are going to be traded away because some- where they are made, they have gone gone. They are not made in Illinois any body decided: We can make those kinds to China. What kind of a card do you longer. They are all gone to China. of products less expensively if we can send to a Hallmark employee whose job Maybe that is OK if one doesn’t care find people who will work for 30 cents is now in China, where they are mak- where these things are made and where an hour. ing Hallmark cards? So that is mints the jobs are. Perversely, it is not just that. We and cards—probably, as I say, not as Finally, Huffy bicycles. I know I have have also decided, if they will do that— important as making automobiles. But described this company forever. But just shut the door, fire the workers, those jobs have also left. those who worked there were paid $11 chain the factory gate—we will give Making refrigerators. Whirlpool has an hour, and they all lost their jobs— them a big, fat tax break. been involved, as well, in moving jobs. all of them. There is still a Huffy bicy- If you have two companies across the I have talked about this previously. cle. All the jobs went to China. They street from each other—both making Whirlpool refrigerators moved jobs all then declared bankruptcy, and all the the same product, both doing the same over the world from Evansville, IN. pension plans of all the people fired in thing, both employing the same num- They moved work to a factory in Mex- the United States making Huffy bicy- ber of people—and one says they are ico, even though the company accepted cles, made for decades, were taken over moving to China, fires the workers, a $19.3 million grant by the U.S. De- by the Federal Government because locks the gate, and the other says they partment of Energy to develop smart the company declared bankruptcy. Now are staying here, guess what the dif- appliances. Those smart appliances left the Chinese own the brand and they ference is the next year. If they make to go south. So Whirlpool appliances make these bikes in China. the same amount of money, then the have gone to Mexico, and 1,100 U.S. I know who makes them. They are company that stays here pays higher jobs moved to Mexico. made by Chinese workers who make 30, taxes and the company that leaves This is a picture of a woman named 40, 50, 60 cents an hour tops. They work pays lower taxes. That is the perverse, Natalie Ford, 42 years old, who worked 7 days a week, 12 to 14 hours a day. insane tax incentive that exists in our at a Whirlpool appliance plant in That is what is happening. Tax Code. Evansville for 19 years. She learned I have not described the automobiles The amendment I have filed deals that her job was moving to Mexico in and what is happening, or the airplanes with the issue of what is called defer- November of 2009. That is a photograph parts for that matter. The list is very ral—deferring the obligation to have to of Natalie when she discovered that her substantial. I have spoken about it at pay taxes to a later date when you re- 19-year investment in this company great length. patriate the income. I do not eliminate was over. I described that Fruit of the Loom deferral altogether. I eliminate defer- It was like a punch in the gut, she underwear left America. Maybe under- ral when a company leaves our country said. wear is more important or less impor- to go abroad and produce a product to I notice every month we focus on this tant than chocolate mints or Hallmark sell back into our marketplace. If that issue: How many jobs have we created Cards. I don’t know. Fruit of the Loom is your motive, then you ought not get in this country? How many have we is the company that used to have the a tax break from this government or lost? How many people are filing for dancing grapes, the red grapes and this country. It makes no sense for us unemployment insurance? green grapes people would dress up as. to continue this behavior. I consider the job thing like a bath- I don’t know what kind of people dress As I have indicated, I have required tub. You have a faucet that puts jobs up in grape outfits. They seem to have votes on this issue. We have had de- in, creating jobs in this economy, and fun. They advertised Fruit of the Loom bates and I required votes. There are then you have a drain, and it is wide underwear. people in this Chamber who cast a vote open. We are talking about how many All of a sudden, there is not any un- against an amendment such as this and jobs we create next month, and the derwear made in the United States by then rush off the floor and they will drain is wide open. They are going to Fruit of the Loom. Do you know there even be the ones who talk about how China. is not one pair of Levis made in the they support American jobs. For example, I will show a couple of United States? Not one. Talk about the Don’t tell me you support an Amer- photographs of where some of these all-American company, buying your ican job if you support a tax incentive jobs go. first pair of Levis, buying a pair of that moves our jobs overseas. Just This is the home of a Salvadoran Levis for school, there is not one pair don’t tell me because it is not true. worker who makes NFL jerseys. They of Levis made in the United States. It We will again next month, right on sell for $80 apiece in the United States has all migrated, all gone. the edge of a knife, be wondering what of America—NFL football jerseys. Here Here is the proposition. We stand idly is happening to this economy by the is the home of the worker. I have held by while month after month these jobs evidence of unemployment numbers or hearing after hearing about these are leaving. I described previously on the evidence of new jobs created. As I issues. the floor about an airplane trip I took said, it is fine, and I work with all the This is a Reebok NFL jersey made by about 4 or 5 months ago. I sat next to people here. In fact, the bill that is on a Chinese-owned sweatshop in El Sal- a man who was wearing a gym outfit, the floor is the so-called extender bill, vador. Again, that merges all the best sweat pants, and so on. He was pretty a jobs bill, an attempt to invest in new of what we know is wrong with the comfortable on that airplane. jobs in this country, incentivize new

VerDate Mar 15 2010 01:12 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G17JN6.043 S17JNPT1 smartinez on DSKB9S0YB1PROD with SENATE June 17, 2010 CONGRESSIONAL RECORD — SENATE S5071 jobs in this country. To the extent we you make Hallmark Cards in China, or Mr. CORNYN. Mr. President, I ask create new jobs in this country and at you decide to make bicycles, little red unanimous consent that the order for the same time incentivize jobs running wagons, automobiles, trucks, and air- the quorum call be rescinded. out of the country, that is just bone- planes elsewhere. Who is going to be on The PRESIDING OFFICER (Mr. headed. We cannot keep doing that. the factory floor producing products in BURRIS). Without objection, it is so or- At some point, the Congress has to this country? Who is going to earn the dered. decide, based on some reservoir of com- wage by which they become con- f mon sense, that we are not going to sumers? provide incentives for people who move We are short about 20 million jobs AMERICAN JOBS AND CLOSING American jobs elsewhere. We have right now in this country, and 20 mil- TAX LOOPHOLES ACT OF 2010— trouble enough competing with labor lion jobs is what we need to put people Continued conditions that exist, as I have de- to work. Mr. CORNYN. Mr. President, I rise to scribed in those charts, with a number We have just gone through com- speak on the pending legislation, which of circumstances that exist in the hir- mencement exercises in this country. is called the American Jobs and Clos- ing of workers in China who you can There are a lot of kids who put on a ing Tax Loopholes Act of 2010. Some- work 7 days a week, 12, 14 hours a day cap and a gown with enormous pride, times it is spoken of as the tax extend- and, by the way, you can house them finally graduated from college, and a ers bill. But in reality it is a deficit-ex- and sleep them in a cinder-block room whole lot of them cannot find a thing tending bill. The reason I say that is that holds 12 people. That is what is to do. They cannot find work. because the substitute amendment still happening. We have trouble enough This President, when he walked adds a reported $55 billion in red ink to competing with that, let alone giving a across the threshold of the door of the the deficit. big tax incentive to somebody who White House, inherited a $1.3 trillion More deficit spending is simply irre- says: That is where I want to do my Federal budget deficit left by the pre- sponsible. Our national debt, as we business. vious administration. Had he done know, is over $13 trillion, and $2.3 tril- I am just saying, I filed an amend- nothing, had he been Rip Van Winkle lion of that $13 trillion of debt has been ment. I know there is a dance going on and slept for 10 months or a year, we added just since the time President here to decide who gets votes and who were going to have a $1.3 trillion def- Obama has been sworn into office. Con- doesn’t. If we are worried about this icit. That is what he inherited, and an gress is spending money in a way that economy and worried about trying to economy that was in desperate condi- would give drunken sailors a bad incentivize American jobs, we have to tion. name—more than $30,000 per household, He has done everything he can to try vote on this amendment and we ought more than $12,000 per household from to put this back on track. It is hard, to pass it with a resounding vote. our children. Does anybody here care about wheth- and it requires both parties and the According to the Congressional Budg- best ideas of both. This ought not be er ‘‘Made in America’’ once again is et Office, the public debt under the difficult. This idea of stopping this in- something we can put as a sticker on a President’s budget will be at 90 percent sidious subsidy from moving American product? Do we care at all? Or is it just of our gross domestic product by the jobs overseas ought to be an idea that that we do not need to make anything? year 2020—90 percent of our gross do- takes root here and garners 90 votes, 95 It seems to me America’s future is to mestic product. Greece had a debt-to- votes. Instead, we have lost the vote on understand and learn from our past GDP ratio of 115 percent, and we are this amendment over recent years four that we are a strong, world-class econ- getting far too close for my comfort. times. Our debt represents a national secu- omy only when we have a world-class I started by saying that President rity vulnerability. I am glad the sub- manufacturing base. We will not long Barack Obama, when serving in the stitute amendment retains my amend- remain a world-class economy if we de- Senate, was a supporter of this amend- ment, which we voted on earlier, to cide it does not matter what our manu- ment. He voted for this amendment create greater transparency on exactly facturing base is. and believed in this approach. He still who owns our debt when we run up In the previous 9 years ending in 2009, does. He has talked about it. I hope deficits and add to the debt, and it re- we lost more than 5 million jobs in the very much we will get a vote in the manufacturing base of people who Senate on this today or tomorrow and quires us to then periodically assess make things. I am talking about people put the Senate on record as having the strategic and economic risks asso- who go to work and take a shower after taken the first step in doing something ciated with that debt. For example, the work. They are on a factory floor and meaningful to shut the drain and begin Treasury Department recently re- making real products, ‘‘Made in Amer- the process of saying to people: If you ported that China holds about $900 bil- ica.’’ That has been the reservoir and stay here, if you manufacture here, if lion of U.S. debt. So when we spend source of a lot of good jobs that pay you run a plant here and produce a money here, somebody has to buy the well with good benefits. It always has product here, God bless you. We are on debt. What happens is that China and been. That is what largely expanded your side. We are not going to give other countries buy that debt, and that the middle class in this country. your competitors who leave and move creates a potential national and eco- Now there is some notion that it does jobs to China a tax break. We are on nomic security issue. not matter somehow; this is just a your side if you stay here. The best way to reduce our strategic world economy and it does not matter. That is what we ought to be doing, and economic risks associated with our Get on your airplane, search around investing in American jobs, investing debt is to stop spending money we do the planet. Where can you land that in products made in our country, in- not have. Stop. Every family, every plane, open a plant, and hire somebody vesting once again in a strong manu- business in America, when they run out for 30 cents an hour? I tell you what, facturing base in order to remain a of money, they do not just continue to the question of who is going to clear world-class economic power. try to max out their credit card. The the products that are for sale from the Madam President, at that point, I problem is that the credit card of the shelves in this country is a very inter- have exhausted all of the arguments Federal Government knows no limits. esting question. once again for this amendment, hoping Only the Federal Government can con- Mr. Ford, when he opened his Ford that enough will have listened or per- tinue to print money and rack up debt plant to begin building automobiles, haps be given information that this is and hope and pray that countries such believed that you ought to pay a wage a worthy vote if you want to stand up as China will buy that debt in the fu- to the workers that gave the workers a for American jobs. ture. It has to stop. chance to buy the product they make. Madam President, I yield the floor America’s fiscal mess is not just a In the larger aggregate sense, the ques- and suggest the absence of a quorum. math problem. tion is, Who will buy the products on The PRESIDING OFFICER. The crowds out private sector investment the shelves if people do not have jobs? clerk will call the roll. that instead could help create jobs for You fire your workers and you make The bill clerk proceeded to call the the 15 million Americans who are un- Hershey’s mint patties in Mexico, or roll. employed. Our unemployment rate is

VerDate Mar 15 2010 01:12 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G17JN6.044 S17JNPT1 smartinez on DSKB9S0YB1PROD with SENATE S5072 CONGRESSIONAL RECORD — SENATE June 17, 2010 close to 10 percent. For Hispanics, it is opposed to ordinary income, which is In fact, under this narrowly tailored 12.4 percent. For teenagers, it is 26.4 taxed at a much higher rate. and targeted and discriminatory bill, percent—the toughest job market for The substitute amendment would investment partnerships would be the young people in 41 years even though it change the way this carried interest is only businesses in America where the is summertime and many of them are taxed and take it from the capital value inherent in the enterprise would out of school and looking for work. gains, which is a much more attractive be ineligible for capital gains treat- Nearly 9 out of 10 net jobs created in rate, which encourages capital forma- ment and instead be hit with the high- May were temporary jobs created by tion, encourages investment, and raise er tax bill when the overall enterprise the Federal Government in hiring tem- that rate to the highest individual in- part of it is sold. porary census workers. Only 41,000 net come tax rate for ordinary income of 39 This legislation would break new private sector jobs were created in percent. What do you think is going to ground in taxing enterprise value as or- May—an anemic figure, to be sure. Ac- happen when entrepreneurs and inves- dinary income and would unfairly tax cording to economist Larry Lindsey, as tors look at this change in the tax law value accumulated perhaps over dec- much as 20 percent of the net private from 15 percent to 39 percent? Do you ades by small businesses all across sector job creation in May was due to think it will expand or will it contract America. the oilspill in the Gulf of Mexico—tem- the amount of money invested in job- Supporters of this bill will tell you porary workers hired to skim oil off creating ventures? Well, common sense this proposal is all about targeting the the gulf and to protect our beaches and should tell us it will contract it. It will hedge fund managers on Wall Street, estuaries. reduce the number of jobs. It will re- suggesting that this is payback or due We know the administration will, un- duce the capital available for invest- retribution for the havoc a handful of fortunately, further exacerbate the un- ment. And it is exactly the opposite people have wrought on the American employment situation, particularly policy we ought to be pursuing with financial system. But this proposal along the gulf coast where I live in high unemployment and people losing would not target the people who caused Texas, by its 6-month ban on offshore their homes. the financial meltdown. This targeted Higher taxes on this type of business deepwater drilling. We all understand provision would have a devastating ef- activity is bad enough, but even worse we have to stop this spewing well. That is another tax that is embedded in this fect on Main Street in Illinois, in Mon- is job No. 1. No. 2 is we need to make bill called enterprise value. These are tana, in Texas, in Pennsylvania—ev- sure we understand what happened and arcane subjects and, indeed, I felt a lit- erywhere around this country. Let me give you an example. Private make absolutely sure, as much as hu- tle better yesterday after talking to equity-backed companies based in my manly possible, that it never, ever hap- some of my colleagues on the floor. I State employ about half a million pens again. But we also need to be ma- said: Do you understand what enter- workers. What happens to those jobs if ture enough and aware enough to as- prise value tax is? And thank goodness sess what this means if we impose a I saw some blank looks on their faces, this legislation becomes law? Well, not lengthy ban on deepwater drilling. It and they did not understand it. So I did surprisingly, a lot of the investors in means more dependence on imported not feel alone. So we have all had to these private equity firms where the oil from abroad, from dangerous parts get a little bit smart and a little bit private equity-backed companies get of the world, even countries that wish better educated. But let me tell you their money are retirement systems us ill. It also means jobs here at home what I have discovered in the process such as the Employees Retirement Sys- will be destroyed because these deep- of my own education. Enterprise value tem in Texas and the Teacher Retire- water rigs will move to other parts of is known as brand value or good will. It ment System in Texas, both of which the world, Brazil and other places. Ac- is the value of the sweat equity, the have a portion of their assets invested cording to the energy industry, more hard work owners put into businesses in private equity. than 46,000 jobs could be lost as a result over time. So I ask again: What happens if this of the moratorium in the short term Under current law, when a partner legislation becomes law? What happens and 120,000 jobs in the long term. sells his or her interest in a business, to small businesses that depend on pri- Unfortunately, the policies that are the enterprise value is taxed as a cap- vate equity to grow their businesses promulgated by the Congress and by ital gain. This legislation would change and create jobs? Well, I received an an- this Senate have an impact on jobs. the tax treatment on the sale of that swer to that question from Donald They can either be a positive impact business but only for certain types of Brown, the chief executive officer of a and facilitate private sector invest- businesses. In other words, this bill medical device company that has an of- ment in job creation or they can be job targets certain types of businesses. But fice in Fort Worth, TX. The name of killers. I, for one, worry far too often as one writer commented recently— that company is Arteriocyte Medical that what is emanating from Wash- they said they worry that this is a Systems, otherwise known as AMS. ington, DC, these days amounts to job- stalking horse or an attempt to take AMS is a fast-growing company— killing policies, and this underlying all capital gains treatment for the sale again, something we ought to want to bill we are debating has a couple of of businesses and to raise it to ordinary encourage, not discourage, by the poli- good examples. income levels—in other words, to dou- cies emanating from Washington. Fast- We know job creation should be our ble, or more, the taxes on the sale of growing companies create jobs which No. 1 priority when unemployment is certain types of businesses. allow people to provide for their fami- at historic highs, when people are los- Owners of investment firms and real lies. In a high unemployment economy, ing their homes due to foreclosure be- estate partnerships would be singled it ought to be exactly the sort of cause they simply do not have jobs to out for higher taxes when these busi- growth we ought to encourage. be able to pay their mortgage. But this nesses are sold. They would pay much This company has an interesting so-called tax extenders bill actually higher taxes than what are paid under story to tell because it is partnered raises taxes on capital creation and on current law. Again, why should people with the Institute for Surgical Re- investment in a way that will hurt job care? Why should anyone within the search at Fort Sam Houston in San An- creation. There are two taxes I am re- sound of my voice care about what this tonio. Their goal is to improve surgical ferring to specifically, and while both handful of private equity firms and real outcomes for U.S. troops injured by are somewhat technical, it is very im- estate partnerships pay? Well, it is be- blast burns and to reduce the necessity portant to understand them. cause what this, in effect, does is it of amputations. AMS has also grown The first tax relates to so-called car- takes the seed corn that is used to because private capital equity was in- ried interest. Partners in private eq- grow the economy and it destroys it. It vested in this business in 2007 and uity firms are often paid based on their dries up the money that creates the in- helped them grow from 6 employees to performance in addition to their sal- vestment, that then allows the cre- 70 employees, with an average em- ary. Under current law, this so-called ation of businesses and expansion of ployee salary that exceeds $72,000 a carried interest is taxed like a capital businesses to create jobs. That is why year. gain at the 15-percent rate, if we are all of us should care even if we individ- Here is what Mr. Brown told me in a talking about right now, 15 percent, as ually don’t have to pay it. letter he sent:

VerDate Mar 15 2010 01:12 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G17JN6.046 S17JNPT1 smartinez on DSKB9S0YB1PROD with SENATE June 17, 2010 CONGRESSIONAL RECORD — SENATE S5073 By changing the tax treatment of carried panies to grow and jobs to be created, ment policy should encourage the invest- interest to ordinary income, [this bill] would but to all other American entre- ment in formation and growth of small com- penalize entrepreneurial risk-taking and dis- preneurs, it will send the message that panies, which are responsible for the greatest courage investment in companies like ours it may not have been you this time, contribution to new job growth. H.R. 4213, if that need capital the most. passed in its current form, will destroy the but you are next. The next time the big I ask unanimous consent to have Mr. ability of startups to raise capital and will spenders want more money to grow the harm companies like Arteriocyte, by starv- Brown’s letter to me printed in the size of the Federal Government, your ing investment and reducing job creation. RECORD following my remarks. company, your business, could be the Arteriocyte was started in 2004 to develop The PRESIDING OFFICER. Without next on the chopping block. commercial stem cell based therapies cre- objection, it is so ordered. To global investors—and we know in ated for patients ‘‘At Bedside’’. As a fast (See exhibit 1.) growing medical device company we are a globalized economy there are people committed to providing innovative solutions Mr. CORNYN. Mr. President, it is all around the world who have a lot of telling and it is also disappointing that to patients and medical professionals to ad- different choices as to where they want dress serious unmet medical needs particu- the Senate earlier today rejected the to start their business—unfortunately, larly in cardiac, orthopedic and vascular sur- Thune alternative, which I cospon- to these global investors, it will send geries. We have worked with DARPA on Ad- sored. The reason I say it is telling and the message, if we pass this bill as vanced Theater Blood Pharming initiatives disappointing is because the Senator written: America does not want your for forward military operations and cur- from South Dakota offered us an op- business. America does not want your rently we are active partners with the De- tion to extend many of these expiring partment of Defense’s Institute for Surgical business. Research at Fort Sam Houston to improve tax provisions, but it would not have I cannot think of a more damaging, enacted punitive, economically de- the surgical outcomes for blast-burn wound- more destructive message to be sent by ed soldiers including amputation prevention. structive tax increases—things such as what we do here in the Congress than Arteriocyte has benefited from private eq- the enterprise value tax and the tax on sending the message to global inves- uity capital, and this investment has enabled carried interest. tors: We do not want your business us to make our company stronger. In late The option offered to us by Mr. here in America. That is because our 2007 we were fortunate enough to receive a THUNE, the Senator from South Da- economic rivals, other countries such private equity investment from DW kota, would have continued important as China and India, and others, offer a Healthcare Partners. Over the last two years, as a direct result of that investment, expiring tax provisions, including the much lower tax and offer a much more State and local tax deduction, which I we have increased annual revenues to $16 welcoming environment when it comes Million for 2010 (up 45% and 38% annually the must add provides Texans with over $1 to entrepreneurs and investors from a last two years). We have grown from 6 em- billion in Federal tax relief annually. tax perspective. ployees to 70 across fifteen states. Our 2010 That is because we do not have a State To the 15 million Americans who are payroll for U.S. employees will exceed $5.1 income tax, and we are proud of it. unemployed—15 million Americans, in- Million, and our average employee income That is one reason why we continue to cluding the 472,000 who filed for unem- exceeds $72,000. We are one of the few U.S. grow and create jobs while many other ployment claims for the first time last based companies that have brought a multi- million dollar business, its technology its parts of the country do not fare as week—this legislation will send the well. But this at least provides equity and its manufacturing jobs back to the U.S. message that Washington’s priority is from Mexico. If not for our private equity in- to us by allowing people in Texas who not in creating jobs. Washington’s pri- vestment, we would not have grown and we pay sales tax to write that off of their ority is to grow the government. would not have hired 64 people. In fact, with- Federal income tax, as other States do I do not think these are the messages out that investment we likely would not be when they pay a State income tax, to we should be sending. I urge my col- in business today. write it off their Federal income tax. leagues to oppose this substitute H.R. 4213, now pending in the Senate, pro- But instead of increasing the budget amendment. We will have a chance to poses tax increases on Investment Managers deficit by $55 billion—which this bill that will interfere with job creation and our show the American people on which nascent economic recovery. does, as it currently has been offered— side we stand when we have the cloture Our company and our employees urge you the option offered by the Senator from vote on this bill tomorrow morning. and your colleagues to modify this bill to South Dakota would have reduced the Make no mistake about it, a vote for maintain private equity and growth capital deficit—reduced the deficit—by $68 bil- this bill will be a vote for killing jobs, incentives in this country. By changing the lion and extended the expired tax pro- for chasing away investment, for say- tax treatment of ‘‘carried interest’’ to ordi- visions. ing America is not interested in your nary income, H.R. 4213 would penalize entre- preneurial risk-taking and discourage in- It is baffling to me why we would re- business—at a time when Americans ject, why the Senate would reject, an vestment in companies like ours that need are suffering high unemployment and capital the most. The pending legislation opportunity to do what on a bipartisan people are losing their homes because should characterize carried interest as a cap- basis we want to do: extend these tax they cannot pay their mortgage pay- ital gain. benefits for the benefit of the Amer- ments because they have lost their The House bill will make the United States ican people, but to do so in a way that jobs, with no end in sight. less competitive globally. Virtually every is fiscally responsible. I just do not get Mr. President, I yield the floor. other nation with which the United States competes treats carried interest as a capital it. Hence, further evidence of the grow- EXHIBIT 1 ing disconnect between what is hap- gain and taxes it at rates ranging from 0% in AMS, India to 10% in China and 18% in the United pening here in Washington in the Con- June 15, 2010. Kingdom. The new tax rate contained in the gress and what we are hearing from the Hon. JOHN CORNYN, House legislation will create a flight of cap- American people, who are tired of reck- U.S. Senate, ital from the U.S. that our nation cannot af- less spending, and they are tired of Washington, DC. ford to lose as we seek to grow out of the re- endless debt, and they know a day of DEAR SENATOR CORNYN: I am writing to cession. reckoning will come. you regarding an issue in H.R. 4213, now Finally, the House bill would make invest- If the Senate adopts the legislation pending in the Senate, which proposes tax ment partnerships the only businesses in increases on Investment Managers that will before us, it will send another clear America where the value inherent in the en- interfere with job creation and our nascent terprise would be ineligible for long term message. It will send the message to in- economic recovery. Arteriocyte is a com- capital gains rates if the overall enterprise vestment firms and real estate partner- pany that has dramatically benefited from or part of it is sold. If our team builds a suc- ships: You have been punished for tak- private equity capital, and that investment cessful business over decades, then we re- ing risks, you have been punished for has enabled us to rapidly grow our company. ceive a capital gain on the value we create. creating jobs, and you have been pun- H.R. 4213 presents a significant risk of harm- It would be unfair and punitive to treat our ished for success. ing small companies like Arteriocyte and private equity, real estate, and venture cap- To all other American entre- will reduce our future ability to finance our ital partners more harshly. These partners company’s growth especially in today’s econ- preneurs—the people we ought to be work just as hard as us to create value, and omy where access to capital has otherwise bring the best resource to create that value: encouraging because these are the peo- dried up due to the fallout from the banking capital. ple who make the investments that crisis that unfolded over the last two years. Our company encourages you to do every- allow companies to be started and com- I strongly support the position that govern- thing possible to ensure that the final

VerDate Mar 15 2010 02:09 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G17JN6.047 S17JNPT1 smartinez on DSKB9S0YB1PROD with SENATE S5074 CONGRESSIONAL RECORD — SENATE June 17, 2010 version of H.R. 4213 addresses these concerns self with the company that owned toward the public interest.’’ This, he and preserves strong incentives for investing those platforms, and finding—guess said, ‘‘is a problem of ethics and moral- risk capital in businesses like ours, by treat- what—no violations during those in- ity as well as administrative method,’’ ing carried interest as a capital gain. spections. and he called it ‘‘a blow to democratic My executive team and I are available to provide you and your staff with more infor- A 2007 inspector general report into government and responsible political mation about how Arteriocyte has benefitted the Minerals Revenue Management Of- institutions.’’ Ultimately, this leads to from private capital. fice of MMS cited ‘‘significant issues what he called ‘‘surrender: the commis- Thank you for your attention to this mat- worthy of separate investigation, in- sion finally becomes a captive of the ter. cluding ethical lapses, program mis- regulated groups.’’ Sincerely, management, and process failures.’’ If you don’t want to go back half a DONALD BROWN, As my hometown Providence Journal century for a discussion of regulatory Chief Executive Officer. wrote in a recent editorial: capture, look to last week’s Wall Mr. CORNYN. I suggest the absence The Deepwater Horizon accident has made Street Journal editorial page where a of a quorum. it painfully clear that, in its current form, senior fellow at the Cato Institute The PRESIDING OFFICER. The MMS is a pathetic public guardian. Neither writes: clerk will call the roll. it nor BP was prepared for a disaster of this By all accounts, MMS operated as a rubber The assistant legislative clerk pro- magnitude, and MMS’s cozy relationship stamp for BP. It is a striking example of reg- ceeded to call the roll. with industry is a big reason why. ulatory capture: Agencies tasked with pro- Mr. WHITEHOUSE. Mr. President, I I agree with the Providence Journal. tecting the public interest come to identify ask unanimous consent that the order The scope, the extent, the insidious with the regulated industry and protect its for the quorum call be rescinded. nature of corporate influence in regu- interests against that of the public. The re- The PRESIDING OFFICER. Without latory agencies of government—this sult: Government fails to protect the public. objection, it is so ordered. question of regulatory capture—is There is plenty of evidence that the Mr. WHITEHOUSE. Mr. President, I something we should attend to here. It oil and gas industry had captured ask unanimous consent to speak as in is the lesson, and it raises the question MMS. When you have a captive agency, morning business for 20 minutes. beyond the Minerals Management you get what we have seen: altering, The PRESIDING OFFICER. Without Service: How far does this corporate in- deleting, or ignoring recommendations objection, it is so ordered. fluence reach into our agencies of gov- from government scientists. GOVERNMENT OVERSIGHT ernment? A draft environmental analysis for Mr. WHITEHOUSE. Mr. President, we The wealth of the international cor- drilling in the gulf from May of 2000 in- have watched with horror the unfold- porate world is staggering. The five cluded the haunting prediction that ing disaster in the gulf. We have seen biggest oil companies just this quarter ‘‘the oil industry’s experience base in precious lives lost, hard-earned liveli- posted profits of $23 billion—that is a deep-water well control is limited,’’ hoods hammered, treasured ways of life 23 with 12 zeroes behind it—in just one and a massive oilspill, ‘‘could easily imperiled. We have seen the largest de- quarter. The Republican appointees on turn out to be a potential showstopper ployment of resources ever against an the Supreme Court just overturned for the’’ Outer Continental Shelf ‘‘pro- environmental disaster. We have seen decades of precedent and 100 years of gram if the industry and MMS do not astonishing corporate negligence. practice to give these big corporations come together as a whole to prevent But we have seen something else freedom to spend unlimited funds in such an incident.’’ too—something that ought to be a last- our American elections. Put it to scale. This unwelcome observation was de- ing lesson from this catastrophe. We Consider $23 billion of pure profits just leted from the final analysis published. have seen the revolting specter of an in one quarter by big oil, and compare: Oil and gas company employees fill- agency of government subservient to— The Obama and McCain campaigns to- ing out official inspection forms in captive to—the industry it is supposed gether spent about $1 billion in the last pencil for the MMS inspectors to trace to regulate. election. Do the math. For 5 percent of over in pen; nearly 400 categorical ex- From the Minerals Management one quarter’s profits, big oil could out- clusions, shielding even deepwater Service, which is supposed to regulate spend both American Presidential cam- drilling from thorough environmental deep sea oil drilling, here is what we paigns. That may be some politician’s review. Cut-and-paste Environmental have seen. idea of a happy day because that is who Assessments were provided by the oil From the 2008 inspector general’s re- they work to please, but it is wrong and gas companies. BP’s Environ- port on MMS’s Royalty in Kind Pro- and it needs to be stopped. mental Assessment listed walruses as a gram, based in Colorado: senior execu- But think, if that is what corporate species of concern in the Gulf of Mex- tives steering lucrative contracts to an influence could do in a national elec- ico. There are not, and never have been outside company created by the execu- tion, think of what those vast, power- in the memory of man, walruses in the tives; staff failing to collect millions of ful tentacles of corporate influence can Gulf of Mexico. When they are writing dollars in royalties owed to the Amer- do to a little government agency such about walruses in the Gulf of Mexico, ican people and allowing oil and gas as the Minerals Management Service: you know, No. 1, they are cutting and companies to revise their own multi- Revolving doors to lucrative jobs in the pasting out of documents in Alaska; million-dollar bids; staff accepting industry so you are set for life; sports No. 2, they are paying no attention to gifts and money from oil and gas com- tickets, gifts, drugs; constant, relent- what they write because they know it panies with whom the office was con- less lobbying pressure and threats of doesn’t matter; and, No. 3, they know ducting official business; and staff par- litigation; steadily inserting operatives perfectly well that MMS will never ticipating in social events with indus- in regulatory positions. Inch by inch, catch the fact that they have cut and try representatives that included ille- the tentacles of industry reach further pasted because they are not looking at gal drug use and sex. and further into the regulator, until it it either. From the IG report, the inspector silently and invisibly comes under in- MMS adopted wholesale for its oil general’s report, released last month dustry control and becomes the indus- and gas drilling ‘‘best practices’’ pro- on the MMS office in Lake Charles, LA: try’s puppet, until it is serving the spe- posals of the American Petroleum In- the district manager telling investiga- cial interests and not the public inter- stitute, and then they made most of tors: ‘‘obviously we’re all oil industry,’’ est. those best practices only suggestions. employees accepting numerous gifts This is no new phenomenon. Marver There has been virtually no enforce- from companies doing business with Bernstein wrote about regulatory cap- ment. According to the MMS Web site, MMS, including a trip to the 2005 ture more than 50 years ago. He ex- between 2000 and 2009, civil penalties Peach Bowl on a private airplane, plained that a regulator tends over averaged less than $130 per well per skeet shooting contests, hunting and time to ‘‘become more concerned with year on our Outer Continental Shelf, fishing trips, and gulf tournaments; an the general health of the industry and and only three criminal referrals were MMS inspector conducted four inspec- tries to prevent changes which will ad- made to the Department since 1990 in tions while negotiating a job for him- versely affect it,’’ to become ‘‘passive the last 20 years. Add it all up and

VerDate Mar 15 2010 01:12 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\A17JN6.005 S17JNPT1 smartinez on DSKB9S0YB1PROD with SENATE June 17, 2010 CONGRESSIONAL RECORD — SENATE S5075 there is no real question: MMS was a agencies of the Government of the ernment to become the tool of cor- captive regulator. United States of America fall so under porate power, the avenue of corporate So the question is, After all those the influence of the corporations they influence, the puppet of corporate ten- years of corporate control of govern- are supposed to regulate. tacles. ment in the Bush years, how far-reach- This government of ours, founded in I propose a simple device in this ing is the insinuation of corporate in- a revolution pledging the lives and for- country of laws—not men, of rule of fluence? We know big PhRMA wrote tune and sacred honor of those early law—and that is to allow our top na- the Bush pharmacy benefit legislation. patriots; this government of ours, tional law officer, the Attorney Gen- We know big oil and big coal sat down which has raised for more than two eral of the United States, to step in in secret with Dick Cheney to write centuries the promise of freedom in and clean house whenever an agency or their energy policy. But down below human hearts; this government that element of government is no longer the decks, down in the guts of the ad- lifts its lamp aloft to brighten the credibly independent of the industries ministration’s agencies, how far were darkness of chaos and despair in far and businesses it is intended to regu- the tentacles of corporate influence al- distant corners of the globe; this gov- late. lowed to reach? How many industry ernment, whose finely tuned balance, When a component of government is plants are stealthily embedded in the crafted by the Founders, has seen us deemed no longer credibly independent government, there to serve the indus- through Civil War and World War, of the corporations or industry it is try, not the administration or the pub- through westward expansion and Great supposed to regulate, I suggest that the lic? Depression, through the light bulb and Attorney General be allowed to come Well, how is it looking? It is not the Model T and the Boeing 747 and the in and clean up, hire and fire and take looking good. The Securities and Ex- iPod; this government of ours, formed personnel action to ensure the integ- change Commission, for instance, gave by Washington and Madison, Jefferson rity of the personnel; to establish in- up its watchdog role years ago and be- and Adams, and led by each of them, terim regulations and procedures to en- came the lapdog of the big Wall Street and later led by Abraham Lincoln and sure the integrity of the process; to financiers, raising leverage limits, re- by Harry Truman and by Theodore audit permits and contracts and ensure fusing to investigate Bernie Madoff, Roosevelt and by Franklin Roosevelt they were not affected by improper cor- and helping to precipitate the biggest and by John Fitzgerald Kennedy; this porate influence, and if they were, to financial disaster since the Great De- American Government of ours should rescind them where they are not in the pression. never be on its knees before corporate public interest due to that improper Twenty-nine miners were killed in a power, no matter how strong. It should corporate influence; to establish an in- West Virginia mine with a safety never be in the thrall of corporate tegrity plan for that component of gov- record that President Obama called wealth, no matter how vast. ernment, all subject to appropriate ju- ‘‘troubled.’’ The Mine Safety and This American Government of ours dicial review where private rights are Health Administration has been de- should never give the American citizen affected. Then the Attorney General scribed as a ‘‘revolving door’’ with in- reason to question whose interests are can get back out, with his or her job dustry, staffed by people with mining being served. Never. done, sort of like an ethics trusteeship companies’ interests at heart, even at In this complex world of ours, gov- or receivership. the expense of worker safety. ernment must protect us in remote and I will conclude by saying that the The Bush head of MHSA, for in- specialized precincts of the economy. damage to America from the corporate stance, oversaw the rewriting of regu- In those remote precincts, few people takeover of the SEC was nothing short lations in 2004 that allowed conveyor are watching, but big money is made. of catastrophic. Just in my State of belt tunnels to double as ventilation Rhode Island, 70,000 Rhode Islanders shafts, a practice that contributed to a We must be able to trust our govern- are unemployed. Many have lost their fatal 2006 Massey mine disaster. ment, both in plain view in front of us, Who knows how far it leads? Think of and in corners far from sight, to be homes, retirement, health insurance. the timber rights the taxpayer gives up serving always the public interest, not The toll is devastating. The damage every year, the grazing rights, the doing the secret bidding of special in- from the corporate takeover of the multibillion-dollar contracts to big terests, of corporate interests because Minerals Management Service has also government contractors, the oil and that is where the big money is at been catastrophic. Who knows what po- coal leases on land, the carnival of pub- stake. tentially catastrophic damage lurks in lic wealth at which these big corpora- Have we now learned, have we now fi- whatever other agencies of government tions feed. nally learned, with the financial melt- that have silently succumbed to cor- The vital question is this: Are these down and the gulf disaster, the terrible porate takeover but just have not yet assets of our Nation still in the hands price of all those quietly cut corners? exploded in disaster. of servants of the Nation or have the Have we now learned what price must If the financial catastrophe and the servants of the Nation quietly and in- be paid when the stealthy tentacles of gulf catastrophe and whatever other sidiously become the servants of the corporate influence are allowed to catastrophes lurk have any meaning at big private corporations that want to reach into and capture our agencies of all, it is that business as usual is no profit from that public wealth—cor- government? I pray let us have learned longer enough to stem the tide of cor- porations for whom every dollar of a this. Let us have learned that lesson. I porate influence—insidious, secret cor- sweet deal, every avoided expense al- sincerely pray we have learned our les- porate influence—in agencies of the lowed by a cozy regulator, every corner son and that this will never happen U.S. Government. It is an institutional cut in safety or environmental protec- again. But let’s not just pray. problem—relentless, remorseless, con- tion, goes straight to their bottom line In this troubled world, God works stantly grasping and insinuating cor- and right into their pockets. The big through our human hands, grows a porate influence. It will never go away. multibillion-dollar corporations, is this more perfect union through our human It will only worsen as corporations get who we want safeguarding our national hearts, creates a beloved community bigger and richer and more global, and assets? Is this who we want controlling through our human thoughts and ideas. there has to be an institutional mecha- agencies of the U.S. Government? So it is not enough to pray. We must nism in place to resist it so that it no Winston Churchill once said in a act. We must act in defense of the in- longer takes a catastrophe to call the phrase I like that history turns on tegrity of this great government of failure of governance of an American sharp agate points. What is the sharp ours, which has brought such light to regulator to proper attention. agate point on which the history of the world, such freedom and equality I think this is the right way. If a col- this gulf catastrophe should turn? to our country. league has a better idea, I am more What lesson of history, if left un- We cannot allow this government than willing to listen. But one thing I learned after this disaster, are we con- that is a model around the world, that know is that after an economic catas- demned to repeat? inspires people to risk their lives and trophe and this environmental catas- I hope the lesson we learn is this one: fortunes to come to our shores—we trophe, this much, at least, is clear: We that we can never, never again let cannot allow any element of this gov- can no longer wait for catastrophes to

VerDate Mar 15 2010 01:12 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G17JN6.050 S17JNPT1 smartinez on DSKB9S0YB1PROD with SENATE S5076 CONGRESSIONAL RECORD — SENATE June 17, 2010 root out improper corporate influence (The amendment is printed in today’s ees. We had a speech on the floor today in our government, in this government RECORD under ‘‘Text of Amendments.’’) accusing those of us who want to limit of our United States. We have to, at Mr. COBURN. Mr. President, at this the growth of the Federal Government long last, address the problem of insid- time, I ask that the amendment be di- in terms of employees and the size, ious regulatory capture of agencies of vided in the form I now send to the saying we were against our Federal em- our government, captive to the indus- desk. ployees. We are not. What we are say- tries they are supposed to regulate. The PRESIDING OFFICER. The Sen- ing is that in a time when we are run- I thank the Chair and suggest the ab- ator has a right to have his amendment ning a $1.6 trillion deficit—that is what sence of a quorum. divided. it will be this year; we said 1.4, but we The PRESIDING OFFICER. The The Senator from Oklahoma is recog- have already borrowed $200 billion clerk will call the roll. nized. more than that on this floor since Feb- The assistant editor of the Daily Di- Mr. COBURN. Mr. President, this is ruary 12—we ought to be getting more gest proceeded to call the roll. an amendment that will actually pay productivity out of what we have, not Mr. REID. Mr. President, I ask unan- for everything we are doing. It does because it is not the right thing to do— imous consent that the order for the several things that the American peo- it is the right thing—but because we quorum call be rescinded. ple are demanding that we do. cannot afford to be lax in anything we The PRESIDING OFFICER. Without It discloses the true cost of bor- are doing today. Every time we don’t objection, it is so ordered. rowing and spending that we actually save a dollar, we are now charging that Mr. REID. Mr. President, I ask unan- do in this body. dollar to our children and grand- imous consent that the following be It reduces the budgets of the Mem- children. the next four amendments in order to bers of Congress. We had a 4.8-percent It puts a cap on the total number of the Baucus motion to concur, with increase in our budgets. This is going Federal employees. There is plenty of each of the amendments in this agree- to decrease that by less than a third, flexibility within the Federal Govern- ment subject to an affirmative 60-vote making us suffer with the rest of the ment. The Federal Government has threshold; that if the amendments country in terms of trying to get con- added 160,000 employees in the last 16 achieve that threshold, then they be trol of our massive debt and deficit months. There are 441,000 for the cen- agreed to and the motion to reconsider spending. sus, but that doesn’t count them. This be considered made and laid upon the It enacts what President Obama has is 160,000 full-time Federal employees table; that if they do not achieve that been asking his own agencies to do: it in the last 16 months. How many more threshold, then they be withdrawn; takes 5 percent from all the agencies, employees do we need? Can we afford that if there is a sequence of votes with except Defense and Veterans Affairs, more Federal employees at this time or respect to these amendments, then and says: Cut that amount. The size of should we get more with what we have? prior to each vote there be 2 minutes of the agencies has doubled since 1999. We We also put a temporary 1-year freeze debate equally divided and controlled are asking the agencies to find 5 per- on total salary. That doesn’t mean peo- ple who work for the Federal Govern- in the usual form and that after the cent of efficiency within their agency ment cannot get a raise. They can. But first vote, any succeeding votes be lim- to help us not continue to add trillions they need to be more productive and ited to 10 minutes each; further, that of dollars of debt to our children. recognized for it. But there should be no intervening amendment be in order It eliminates nonessential govern- no more automatic pay increases this during consideration of these amend- ment travel. It will save us $10 billion next year because we are running a $1.6 ments: No. 4371, Casey; Coburn, No. over 10 years. It doesn’t eliminate es- trillion deficit and also because the av- 4331; Whitehouse, No. 4324; and that the sential; it just says that when you can erage Federal employee makes $78,000 a Whitehouse amendment be modified do a teleconference, you do that. You year and has benefits worth $40,000. The with the changes at the desk. And the don’t necessarily fly and take a hotel average private sector employee makes final amendment in this sequence is room when you can accomplish it an- $42,000 a year and has benefits worth the LeMieux amendment No. 4300. other way. $20,000. Freezing that for 1 year will The PRESIDING OFFICER. Without It reduces unnecessary printing and have a minimal long-term effect, espe- objection, it is so ordered. publishing costs of government docu- cially when we saw today that we are Mr. REID. Mr. President, I ask unan- ments. That saves us $4 billion over 10 actually in a deflationary period where imous consent that the next speakers years. Nobody reads these. They are all the Consumer Price Index went down be Senator COBURN—does the Senator available online. If we get rid of the from Oklahoma have any idea how long one-tenth of 1 percent. We had a nine- ones that don’t have to be printed, we tenths of 1 percent decrease this year. he will be? save hundreds of thousands of trees Mr. COBURN. A fairly short period of So the cost of living is not going up; it every year—which absorb CO2, by the is going down. All we are saying is, time. way—but it also saves us $4.4 billion by Mr. REID. Senator CASEY, how long? let’s do this for 1 year and demonstrate Mr. CASEY. About 10 minutes. not printing stuff we all have on our that we understand the tough choices Mr. REID. Senator STABENOW? computers already. the public is making and that we are Mrs STABENOW. About 10 minutes. In working with the OMB, they are willing to make tough choices. Mr. REID. We need not do a consent behind what we are trying to do in I agree, it is a tough choice. It is agreement. Everybody can watch the terms of unused and unneeded govern- hard. But it does not mean that stellar clock on their own. ment property and government build- employees cannot get raises. They can. The PRESIDING OFFICER. The Sen- ings. So what it does is it gives us $15 That saves $2.6 billion this year, for 1 ator from Oklahoma is recognized. billion in direct savings in revenue by year. AMENDMENT NO. 4331 TO AMENDMENT NO. 4369 getting rid of things that we are spend- It collects unpaid taxes from employ- Mr. COBURN. Mr. President, I call up ing $8 billion a year on maintaining ees of the Federal Government. We amendment No. 4331 to the Baucus sub- that we are not using. So we save $15 have employees of the Federal Govern- stitute. billion over 10 years, plus we get the ment who owe $3 billion. It directs a The PRESIDING OFFICER. The savings of not having to maintain what garnishee of those payments from the clerk will report. we own but are not using. Federal employees. These are not dis- The assistant editor of the Daily Di- We will sell unused and unneeded puted. These are not still under nego- gest read as follows: equipment. We have $1⁄4 billion worth tiation. These are things that have al- The Senator from Oklahoma [Mr. COBURN] just sitting there in warehouses. We ready been agreed to that are owed by proposes an amendment numbered 4331 to are never going to use it, but it is sit- Federal employees to the Federal Gov- Amendment No. 4369. ting there. We can get good prices from ernment. That gets us $3 billion that Mr. COBURN. Mr. President, I ask the private sector that can go out and we do not have. unanimous consent that reading of the utilize this and put it to work. We also have a section that excessive amendment be dispensed with. It caps the total number of Federal duplication and overhead within the The PRESIDING OFFICER. Without employees. Why is that important? I Federal Government should be elimi- objection, it is so ordered. am a supporter of our Federal employ- nated. Two easy examples: Across 60

VerDate Mar 15 2010 01:12 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G17JN6.052 S17JNPT1 smartinez on DSKB9S0YB1PROD with SENATE June 17, 2010 CONGRESSIONAL RECORD — SENATE S5077 different agencies, we have 70 different Returning excessive funds from an The PRESIDING OFFICER. Without programs to feed people who are hun- unnecessary, unneeded, unrequested, objection, it is so ordered. gry. Why do we have 70? Why don’t we duplicative reserve fund that will never The clerk will report. have 7 or one? Not one of those 70 pro- be spent: That is $362 million. It is a The assistant editor of the Daily Di- grams has a metric on it to see if it is one-time savings. It will never be gest read as follows: effective in what it does. spent. It is sitting there. We ought to The Senator from Pennsylvania [Mr. We have 105 programs across seven take it back. CASEY], for himself and Mr. BROWN of Ohio, different agencies that incentivize at Rescinding unspent Federal funds: proposes an amendment numbered 4371 to the cost of billions of dollars a year There is $1.7 trillion sitting in accounts amendment No. 4369. people to go into math, science, engi- right now. Of that, $690 billion has not Mr. CASEY. Mr. President, I ask neering, and technology. Why do we been obligated for the future expendi- unanimous consent that the reading of have 105 programs? Why not one run by ture. We are saying move $50 billion of the amendment be dispensed with. one set of overhead and one agency and that back into this year and use it to The PRESIDING OFFICER. Without measure the results? There are 640 pay for things that are important, such objection, it is so ordered. other examples of duplication just like as unemployment insurance, rather The amendment is as follows: that in the Federal Government. than borrow from our children. (Purpose: To provide for the extension of What this amendment says is we Why is that important? If you have premium assistance for COBRA benefits) ought to be about eliminating that du- three bank accounts and each one had At the appropriate place in the amend- plication. We ought to be able to in- $100 in it and you had to write a $200 ment, insert the following: SEC. ll. EXTENSION AND IMPROVEMENT OF crease productivity and also increase check, you would go to the accounts PREMIUM ASSISTANCE FOR COBRA the results of the very programs for the you had and write the check from the BENEFITS. people we are trying to help. two accounts so you could pay the (a) IN GENERAL.— The other thing we do is we elimi- check. This money is rolling out there (1) EXTENSION OF ELIGIBILITY PERIOD.—Sub- nate bonuses for contractors to the to the tune of $600 billion every year section (a)(3)(A) of section 3001 of division B Federal Government who are not meet- that is not obligated. of the American Recovery and Reinvestment ing performance requirements. That is Common sense would say we would Act of 2009 (Public Law 111–5), as amended by $800 million a year that your govern- be more efficient with our money rath- section 3(a) of the Continuing Extension Act of 2010 (Public Law 111–157), is amended by ment is paying out to people who do er than paying interest on that money. striking ‘‘May 31, 2010’’ and inserting ‘‘No- work for the Federal Government who We would use it in a more timely fash- vember 30, 2010’’. do not meet the minimum require- ion. Everybody does that except the (2) RULES RELATING TO 2010 EXTENSION.— ments for their contract, and yet we Federal Government. We ought to be Subsection (a) of section 3001 of division B of are paying them $800 million in bo- doing it as well. the American Recovery and Reinvestment nuses as if they were meeting the re- Reducing wasteful costs at the De- Act of 2009 (Public Law 111-5), as amended by quirements of their contract. That partment of Energy. The Department section 3(b) of the Continuing Extension Act saves $8 billion over 10 years. None of of Energy is supposed to be setting the of 2010 (Public Law 111–157), is amended by adding at the end the following: example for this country on energy ef- us would do that with anybody who ‘‘(19) ADDITIONAL RULES RELATED TO 2010 EX- worked for us. Why do we allow the ficiency. They are the worst agency as TENSION.—In the case of an individual who, Federal Government to do that? far as energy costs and efficiency in en- with regard to coverage described in para- This government gives the United ergy. All we are doing is you follow the graph (10)(B), experiences a qualifying event Nations 25 percent of its entire budget. rules you have set for everybody else. related to a termination of employment on But we also give voluntary payments It saves $13.8 million per year. That is or after June 1, 2010, and prior to the date of to the United Nations. I just talked just one agency following the rules the enactment of this paragraph— with Peter Orszag from OMB, and I am they have told every other agency to ‘‘(A) paragraph (2)(A)(ii)(I) shall be applied by substituting ‘6 months’ for ‘15 months’; getting that report as we speak. It was follow. and due January 1. It is now mid to late Finally, we strike the new taxes that ‘‘(B) rules similar to those in paragraphs June. are in this bill because we do not need (4)(A) and (7)(C) shall apply with respect to What we do is eliminate no more to pay for them because we can cut all continuation coverage, including State than $1 billion more than what our ob- spending somewhere else. The last continuation coverage programs.’’. ligations are in terms of peacekeeping thing we need to be doing, as we have (3) EFFECTIVE DATE.—The amendment or our dues to the United Nations. the threat of a double-dip recession, is made by this subsection shall take effect as There are good reasons to do that. taking more private capital out of the if included in the provisions of section 3001 of There was, with the last foreign appro- economy and putting it into govern- division B of the American Recovery and Re- investment Act of 2009. priations, a requirement that the ment because the multiplier effect of (b) ELIMINATION OF ADVANCE United Nations show us where our government spending is very low. Pri- REFUNDABILITY OF EARNED INCOME CREDIT.— money is going. That got thrown out in vate spending multiplier effect is about (1) IN GENERAL.—Section 3507, subsection conference. But we do not even know 1.5. That means for every dollar you (g) of section 32, and paragraph (7) of section where the $6 billion a year that we give spend, you end up generating about $1.5 6051(a) are repealed. to the United Nations is spent because in economic activity. For every gov- (2) CONFORMING AMENDMENTS.— they will not show us where it is spent. ernment dollar that is spent, you gen- (A) Section 6012(a) is amended by striking paragraph (8) and by redesignating para- We would never tolerate that from any erate $1.1 in economic activity. The graph (9) as paragraph (8). agency we fund. And yet we don’t. We last thing we ought to be doing is rais- (B) Section 6302 is amended by striking are saying do not give more than a bil- ing taxes. I don’t care where it is in subsection (i). lion more than that to the United Na- this economy. It is so precarious that (3) EFFECTIVE DATE.—The repeals and tions. We limit that. That is a $10 bil- we need private capital being invested amendments made by this subsection shall lion a year savings. to create jobs and opportunities for apply to taxable years beginning after De- Here is what we do know about the jobs in this country. cember 31, 2010. United Nations. In the peacekeeping I have listed the vast majority of pro- Mr. CASEY. Mr. President, Senator money that we give, 45 percent of it is visions that are in the bill. I will be BROWN of Ohio and I have offered this lost to fraud. Think about that. Forty- back to discuss each one individually. amendment which will extend the eli- five percent of the $3 billion that we I thank the Chair, and I yield the gibility period for the COBRA Pre- give to peacekeeping operations is lost floor. mium Assistance Program until No- to fraud, documented. We found that The PRESIDING OFFICER. The Sen- vember 30. We appreciate the support one out by accident. They did not want ator from Pennsylvania is recognized. of many Senators—Senators FRANKEN, us to find that out. AMENDMENT NO. 4371 TO AMENDMENT NO. 4369 STABENOW, REED, LEAHY, AKAKA, We ought to be good stewards with Mr. CASEY. Mr. President, I ask BEGICH, WHITEHOUSE, LAUTENBERG, the money of the American people unanimous consent to call up amend- KERRY, WYDEN, HARKIN, LEVIN, BURRIS, when it comes to contributing their ment No. 4371 to amendment No. 4369 the Presiding Officer, GILLIBRAND, money to the United Nations. proposed by Senator BAUCUS. KAUFMAN, SPECTER, MENENDEZ,

VerDate Mar 15 2010 01:12 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G17JN6.057 S17JNPT1 smartinez on DSKB9S0YB1PROD with SENATE S5078 CONGRESSIONAL RECORD — SENATE June 17, 2010 MERKLEY, SCHUMER, MIKULSKI, DODD, Because of the Recovery Act we for his leadership and passion on this DURBIN, MURRAY, SHAHEEN, ROCKE- passed in 2009, those individuals pay issue, and I am very pleased to join FELLER, and BOXER. All are cosponsors only 35 percent of the premium. Then, him in this amendment. I also thank of the original amendment we offered of course, the employers are allowed a the chairman of the Finance Com- the other day, first offered by Senator credit against their payroll taxes for mittee for many hours on this floor BROWN and me as an amendment to the remaining 65 percent. That is how working very hard to put together this Senator BAUCUS’s original amendment. it works. It works well, and it has very important jobs bill that we need I thank Senator BAUCUS, the Chair of shown results, according to this new to get done as quickly as possible. our Finance Committee, for his very report from the Treasury Department. I want to spend a few moments talk- hard work on this bill. We are nearing The total cost of this program in 2009 ing about the gulf and what has hap- the end. We are working very hard to was $2 billion. However, the score that pened and what it more broadly rep- complete this bill. the Congressional Budget Office gave it resents—both in terms of what is hap- As we do that, we are also mindful originally back in 2009 was $16 billion. pening on the Senate floor and in our that we are recovering from this eco- They predicted $16 billion; it cost but country. nomic recession. We must continue, in $2 billion. Of course, in 2009, we had a When I flip on the television and see my judgment, to support vital safety tremendously high job loss compared what is happening in the gulf, like all net programs that our citizens need to to this year. of us, I know this truly is a tragedy. To support their own families. That cost is going to go significantly see the workers who have lost their The national unemployment rate down. Part of the reason for being so jobs, who can’t go out on their fishing now stands at 9.7 percent. That trans- much cheaper is the efficiency of ad- or shrimping boats, who haven’t seen lates in Pennsylvania into more than ministering this program. The Treas- any tourists come their way in over a 584,000 people out of work. We got a re- ury report I referred to states that the month; to see the environmental devas- port today that across the country, total cost to administer the program, tation, I know it is a terrible crisis jobless claims are going up, unfortu- with three Federal agencies involved, that is testing our Nation and our gov- nately, after having gone down for a was $8 million—.5 percent of the cost of ernment. The Obama administration number of months. The economy is the overall program. Based on the inherited a perfect storm—an oil com- showing improvement. We are recov- Treasury report, it is obvious this pro- pany known for a history of egregious ering. Jobs are being added every day. gram is both effective and efficient and safety violations, being given permits But certain industries are experiencing has assisted millions of Americans. to drill a mile down under the ocean In addition to ensuring quality layoffs, and that is why we must con- with no credible public oversight, and a health care, the program is a lifeline tinue this program to ensure that public agency that believed oil compa- for Americans across the country. I re- Americans have access to quality nies should basically police them- ceived a letter back in March from a health care, especially those who have selves, even if there was a risk to woman in Pennsylvania, Lisa. I will lost their jobs. American families. That is what they not give her name and address. I do not Without the extension of the COBRA inherited. have permission. But I want to high- Premium Assistance Program, a report The tragic events in the Gulf of Mex- light her personal situation without from the National Employment Law ico started with an explosion that identifying her. I am quoting a perti- Projects predicts as many as 150,000 killed 11 workers onboard an offshore nent part in her letter. She said: Americans each month will lose out on oil rig operating in waters deeper than I have been receiving chemotherapy nearly it had ever operated before, with tech- the subsidies necessary to afford qual- every other week for the past 18 months— ity health care. nology that wasn’t designed for drilling After being diagnosed in 2008. In the Senate, we do not have to that deep. It happened because the worry about health care. We have both The treatments were covered by my company operating the oil rig took COBRA benefits and has kept me alive. I job security and health care that mil- must continue chemotherapy but ran into a risks with the lives of the workers. lions of Americans do not have today. problem when an extension of my COBRA They cut corners, and they ignored the Today we received a report from the coverage was denied. interests of millions of Americans in Treasury Department which outlines Lisa in Pennsylvania speaks for hun- the gulf who would be affected by their important information on the success dreds of thousands, if not millions, of actions. of the COBRA Premium Assistance Americans when she tells us what this This is a tragedy that was allowed to Program. The report is entitled ‘‘In- program means to her. It is, in fact, a happen by an agency that was trans- terim Report to The Congress on program which has kept her alive, to formed by 8 years of Republican poli- COBRA Premium Assistance.’’ It is use her words, not mine. That is what cies urging them to look the other dated June 2010 from the Department this is about. It is about real life. It is way, an agency whose employees of Treasury. I commend this report to about real families who are living thought they worked for the oil indus- my colleagues. through the double nightmare—the try rather than the American people, In the report, it states that over 2 horror of losing a job and then being an agency that allowed the oil industry million households in America have hit over the head again by losing their to fill out their own inspection reports. benefited from the COBRA Premium health care coverage. There was a belief articulated by a Assistance Program. In Pennsylvania, There are countless stories similar to current Republican Senate candidate that means over 100,000—107,311—Penn- Lisa’s across the country, and many of who said it was un-American for Presi- sylvania households have benefited us have heard these stories. These sto- dent Obama to criticize BP. from it. That is 2 million households ries relate to how COBRA, including Well, I don’t think it is un-American across the country were able to afford this premium assistance program for our President to stand up for the quality health care while they were itself, gave people hope in the midst of men and women who work in the Gulf searching for a job. Millions of Ameri- despair from losing a job and also los- of Mexico, whose livelihoods and lives cans had one less thing to worry ing health care coverage. have been jeopardized by this catas- about—their health and the health of So I would encourage my fellow col- trophe. We are seeing millions of bar- their family—while they searched for leagues in the Senate to support the rels of oil being spilled into the wa- that job. amendment that Senator BROWN of ters—waters that are owned by the In very brief form, I wish to highlight Ohio and I have introduced, which in- American people—and I think it is the a section from the report that talks cludes an offset to the extension of the duty of the American President to about how this program actually program so it is paid for. make sure BP cleans it up and does ev- works, and many Americans under- With that, Mr. President, I yield the erything possible in the gulf to make stand this. I am quoting from page 2: floor. the people whole. Workers eligible for COBRA premium as- The PRESIDING OFFICER. The Sen- Just this morning, during an ongoing sistance send a premium payment to their ator from Michigan is recognized. Congressional hearing, we heard an- employers, plan administrators, or insurers Ms. STABENOW. Mr. President, first other example of this belief in the for continuation coverage. I thank my friend from Pennsylvania words of a senior Republican House

VerDate Mar 15 2010 01:12 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G17JN6.058 S17JNPT1 smartinez on DSKB9S0YB1PROD with SENATE June 17, 2010 CONGRESSIONAL RECORD — SENATE S5079 Member who apologized—apologized— the American people hurt by the finan- every issue our Democratic majority to BP for the President’s actions in de- cial crisis in the face of the worst eco- has been fighting for the people of this manding that BP set up a fund to reim- nomic crisis since the Great Depres- country. Our Republican colleagues be- burse the losses of local small sion; that the proper course would be lieve and have expressed—and I assume businesspeople and families in the gulf to sit back and let the economy fix this is sincere—that the old policies of and for their tremendous hardships itself, even though those who caused deregulation and no public account- caused, I might add, by BP. This Con- the financial crisis were, in fact, being ability are better. They believe that gressman called it a shakedown, a helped. Never mind that millions of large corporate interests—mining com- slush fund. Mr. President, I call it lead- people who used to live comfortable panies, oil companies, Wall Street, big ership and standing up for the Amer- middle-class lives lost their jobs, their banks—should police themselves and ican people. That is his job, and that is entire life savings and their homes to a things will be OK. our job as well. bunch of traders on Wall Street who But for the 11 workers on the oil rig But there is a larger issue rep- made some bad deals with no public ac- in the gulf and the millions of people resented in this disaster. Public ac- countability. who live in that region of our country, countability and commonsense regula- But we believed something different, those policies just didn’t work. For the tions do matter. That is our job as Mr. President: that when the economy 29 miners who lost their lives in West well. My colleagues know that as a is on the edge of a cliff and millions of Virginia, those policies just didn’t Senator from Michigan, there is no one middle-class families have been hurt work. For the millions of Americans who will fight harder for the auto in- due to no fault of their own, you don’t who lost their jobs or their life savings dustry than myself. But even while I just sit back and hope for the best. because of Wall Street’s recklessness, will fight tooth and nail—and I have— That is not leadership; you do some- those policies just didn’t work. I can’t for this industry and the success of this thing. So we passed a historic Recovery believe the American people want to go industry, I still support safety regula- Act focused on the American people— back and relive all of that again. I cer- tions. focused on jobs, on helping small busi- tainly don’t. When I put my grandkids in a car, I nesses grow by building clean energy When President Obama took office, want the car to have seatbelts and air- technology, schools, bridges, and we saw the wreckage left behind after 8 bags, and I want to make sure that roads—and making investments in our years of deregulation and, frankly, it automobile has gone through a rig- future and, yes, helping people who had was time to put people first. So that is orous crash test. Our economy and our been caught in that economic tsunami why we got to work. From day one we quality of life depend on vibrant suc- so they could keep the lights on at have seen unprecedented obstruction— cessful businesses, but our quality of home and have a roof over their head the Republican leadership using every life also depends on public account- and take care of their families. trick in the book to stop us from mak- ability, on commonsense regulations to When President Obama took office in ing the changes the American people protect the health and safety of our January of 2009, we were losing 750,000 want. But we have kept on fighting, we families. jobs a month. Today, thanks to this have passed now 242 bills, 175 of them Someone has to stand and protect Recovery Act and other work done signed into law to move our country the water and the air we breathe. here, we are creating jobs. It is not as forward. Someone has to stand for our children fast as I would like, certainly coming Frankly, though, this isn’t about and for our elders. Someone has to from Michigan, where we have been hit numbers. Numbers don’t matter. What stand for the safety of workers—the 11 harder than anyone else, but we are matters is whether things are getting workers who were killed on that rig or moving in the right direction. It better for people. But let me just re- the 29 workers who were killed in the wouldn’t be the case if we had done view some of what has been put in mine collapse in April or the millions nothing last year. place to begin to turn things around. of fishermen and shrimpers and tour- We heard for years that Wall Street The Recovery Act I mentioned to ism workers whose livelihoods are at needed less regulation, more freedom focus on jobs, the expansion of health risk today on the gulf coast. to innovate, and for nearly a decade insurance for children so that working When we look at our record in this there were policies in place that took a moms and dads can know at least the Congress, we have seen this same de- hands-off approach. What we saw was kids are going to be able to see a doc- bate played out time and time again. an over-the-counter derivatives market tor, protection of our public lands and Even this week, two different beliefs, that grew to be worth over $500 trillion, national parks so our kids and two different sets of values. The first completely in the dark, completely un- grandkids can enjoy our beautiful land bill that President Obama signed into regulated, with no oversight and no and our beautiful parks in this coun- law was named after a woman named transparency. There were many people try, credit card reform, veterans health Lilly Ledbetter—the Lilly Ledbetter who thought this was great. Here was care so our troops coming home get the Fair Pay Act—to require equal pay for an example of a market with no public care they need and the care they de- equal work. On that very first bill, we oversight at all, and it was making serve, that is the least we can do. saw two different views and beliefs: the money hand over fist. We have increased support for our Republican view that essentially said Then the bubble burst, and it turned disabled veterans. We have enacted to- corporations should be able to dis- out the whole thing was smoke and bacco regulation to keep our kids from criminate against women or people mirrors. Because there was nobody smoking. We have stood up to the to- with color if they choose to and on our there speaking out for the American bacco industry on behalf of our chil- side we stood with a woman, Lilly public, it was the American families dren’s health. We also passed the Serve Ledbetter, who for years had gotten who paid the price, and we paid a heavy America Act to support our young peo- paid significantly less than her male price. That is why we recently passed ple and seniors and help get them in- coworkers for doing the exact same job Wall Street reform, and we need to get volved to give back to the commu- just because she was a woman. We it to the President to create public ac- nity—a very important value that we passed that bill, and it was signed into countability and commonsense regula- believe in as Americans. We also passed law so that women, so that people of tion to protect investors and con- an FAA bill to modernize our air traf- color would not have to go through sumers. That is our job. fic control systems so that we have that in the future. We happen to be- We passed a bill to give consumers safer air travel; a national Defense bill lieve in fair play. We happen to believe the power to get their mortgages modi- that gives a pay raise to our men and in equal pay for equal work. fied so they could stay in their homes women in uniform, which is the least Then there was the Recovery Act. and prevent foreclosures from we can do, and that helps our veterans There, again, we saw a very big dif- emptying out entire communities. We who don’t have a home; a jobs bill to ference. After the biggest bailout of also passed a law giving new tools to help our small businesses expand and Wall Street in the history of our coun- law enforcement and prosecutors to local communities have the tools they try, on one side was a belief that gov- help them crack down on mortgage need to create jobs; a health care bill ernment shouldn’t get involved to help fraud and securities fraud. On each and that saves families money, makes sure

VerDate Mar 15 2010 01:12 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G17JN6.059 S17JNPT1 smartinez on DSKB9S0YB1PROD with SENATE S5080 CONGRESSIONAL RECORD — SENATE June 17, 2010 that every family can have a family them, that if they work hard they will creasing deficit spending. Lots of folks, doctor and improve the quality of care be able to have a job and they can be including me, have real concern about in this country; student loan changes successful in our economy; families that. I think that is a legitimate con- to stop subsidies to banks and putting who want to know that somebody is cern that all of us have at some level. more money into making sure students making sure the rules protect their This extension does not increase the can get some help to go to college and 401(k), their pension, their savings; deficit at all. that it costs less so they can afford to that they can drink the water and I came to the floor before the Memo- go; and major financial industry re- breathe the air and eat the food they rial Day recess because I saw this train form so we never see another Wall buy without getting sick. wreck coming. I asked unanimous con- Street bailout. We all want to be able to trust that sent to simply extend that National As I said, we know none of this mat- the safety rules are enforced. If you or Flood Insurance Program with no def- ters if you do not have a job and if you a loved one work on a mine or on an oil icit impact, extend it by unanimous are fighting to keep your home. We rig—or if you are getting in the car to consent until the end of the year. have to make sure that all of this—and take your kids to a soccer game—we The distinguished majority leader, we are working hard to make sure— all want to trust that when you get Senator REID, objected. I tried to en- adds up to real improvements in peo- permits to drill in our precious waters, gage in a meaningful debate, because I ple’s lives and economic security. we will be looking out for the fishing think the American people deserve it, We are beginning to see things turn jobs and our Nation’s tourism industry about what is wrong with the program, around because we have changed the and that we will not allow risky drill- what is wrong with the extension, what values, we have changed the priorities ing without strong, commonsense regu- is wrong with the proposal. It has no back to what is best for the American lation and accountability. deficit impact. people, what is best for middle-class Our country cannot afford to go back The silence from the distinguished families—the people we all talk about to the previous beliefs that created the majority leader was deafening. He ob- who are playing by the rules and want crises that President Obama and this jected because he could object. That is to know they will have a fair shot to be Congress have been forced to deal with his right—no explanation, no justifica- able to care for their families and be every day. We believe, the majority be- tion. successful. lieves, it is our public responsibility to The result has been the train wreck I At every issue we run into road- be on the side of the American people was trying to avoid. The program ex- blocks and opposition from the other and that is what each of these legisla- pired on June 1. The program is not in side because they believe—and I believe tive battles here in Congress is all place today. That is stopping and mak- it is an honest belief; we hear it over about. ing a lot more complicated real estate and over again—that more tax cuts for I yield the floor. closings—people trying to buy their wealthy Americans and less regulation The PRESIDING OFFICER. The Sen- first home, people trying to buy an- is always the answer. If that were true, ator from Louisiana. other home. Lord knows we need every given what has happened in the former UNANIMOUS-CONSENT REQUEST—S. 3347 real estate closing we can get to hap- administration when they controlled Mr. VITTER. Mr. President, I wel- pen in this economy. We cannot create the House and Senate and the White come following my distinguished col- unnecessary barriers to that when we House, things would be great. I wish league from Michigan and her impas- are trying to come out of this real-es- things were great. But that view has sioned plea against obstructionism. I tate-led recession. Yet this majority, not worked for the majority of Ameri- have been facing the same challenges this Senate, this Congress let that ab- cans. in particular with certain programs solutely crucial National Flood Insur- Today, every American with a tele- that are absolutely crucial for Lou- ance Program expire June 1. So here vision set can see the results of those isiana but more broadly for the coun- we are again. beliefs. We had 8 years of that and we try. One that is absolutely important My plea is the same. Everyone, as far cannot go back. But this is not only for all of us in Louisiana is the Na- as I know, supports the extension of about the past, it is also about the dif- tional Flood Insurance Program. It is a the National Flood Insurance Program ferences we debate every day in the national program. It is important for which is now expired. Everyone, as far Senate. It is about this week, last our economy. It is important for the as I know, says, rightfully, that it is a week, and I am sure next week. It is real estate industry. It is important for necessary program. We need to rein- about the future. We need someone to homeowners and closings around the state it to get the economy humming be a check on the mining and the oil country, for economic activity to move again, to make these real estate clos- and the banking industries. We need forward, particularly when we need ings easier and not harder, to help re- commonsense regulators who do not every bit of economic activity in these covery, not hinder it. And everybody think they work for the industry they tough times of recession. But it is real- admits, including the Congressional are supposed to oversee. That is what ly important in Louisiana. We face Budget Office, there is zero deficit im- this new administration is about and enormous flood threats so it is impor- pact with this extension. It is a clean what we are about. We have to hold tant there. extension. It does not increase the def- companies accountable when they ig- Unfortunately, the extension of the icit in any way. nore the rules and put the public or present National Flood Insurance Pro- Let’s do the right thing. Let’s extend their workers at risk. We have to move gram—which everyone, as far as I that. Let’s not make something par- America forward and continue making know, supports—is being held hostage, tisan which should not be. It is not an the changes this country needs. That is essentially, in this extenders bill. I ideological difference. Many members what we have been fighting for. That is have been trying to pry it loose from of our community—homeowners, folks what all of the actions we have taken that so we can extend the program, not in the real estate sector—strongly sup- have been about. That is what we will let it expire as it has expired—it ex- port this effort. In that vein, I ask continue to do. pired June 1; it is not in operation unanimous consent to have printed in But it is not about growing the gov- today—get it back in place, get it fully the RECORD this letter from 22 trade as- ernment. We know that overregulation extended through the rest of the cal- sociations, including the National As- is not the answer either. But we want endar year. sociation of Realtors and many others the government we have to work. That I would have thought this would be a strongly in support of this sort of is the question: Who should our govern- ‘‘no brainer,’’ this would be consensus, stand-alone extension of the program. ment work for? The special interests, this would not be partisan. It should There being no objection, the mate- those with great wealth and power, or not be. This is a simple extension of rial was ordered to be printed in the families working hard to make ends the National Flood Insurance Program. RECORD, as follows: meet and hold onto the American What is more, this extension does not JUNE 15, 2010. dream—small businesses and entre- create any additional deficit. Obvi- TO ALL MEMBERS OF CONGRESS: On behalf preneurs with a great idea; people who ously, a big part of this debate about of our organizations, we want to share with want to know that the rules are fair for this larger bill on the floor is about in- you our respective memberships’ frustration

VerDate Mar 15 2010 02:09 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G17JN6.060 S17JNPT1 smartinez on DSKB9S0YB1PROD with SENATE June 17, 2010 CONGRESSIONAL RECORD — SENATE S5081 with the fact that Congress, on May 31, 2010, I very much understand and appreciate That trust fund has to be increased and again allowed the National Flood Insurance the concerns of the Senator. This is in grown. And lots of things about the Oil Program (NFIP) to expire—the third time the bill we have in front of us today Pollution Act are clearly outdated. I this year. We urge you to immediately reau- thorize the program. that we hope will be passed today. The have put forward proposals to update Five and a half million taxpayers depend complete language is in the bill. I un- those, but unfortunately that is not on the NFIP as their main source of protec- derstand his concern. I feel the same what is going on. tion against flooding, the most common nat- about extending unemployment bene- In this bill, there was initially an in- ural disaster in the United States. Without fits which usually is overwhelmingly crease in the tax into the Oil Spill Li- flood insurance, no federally-related mort- supported on a bipartisan basis but has ability Trust Fund from 8 cents a bar- gage loans may be made in nearly 20,000 com- been held up as well. I have been in the rel to 41 cents a barrel. That is over a munities nationwide. The frequent lapses in the NFIP program same situation on that. To me it is a five-times increase. Now, if that was are undermining homeowner and commercial ‘‘no brainer.’’ I would love to see that needed for oilspill cleanup and was property owner confidence in this vital pro- extended as well. I would have loved to going to be used for oilspill cleanup, I gram. Given the fragile state of residential have seen that extended a month ago. would be the first to say, great. The and commercial real estate markets, Con- But the reality is these items have problem is, it was stuck in this bill not gress should take immediate action to re- been put together in a package and we for that reason at all but to be stolen— store confidence in the NFIP through a long- will have the opportunity, hopefully that money to be stolen and used for term, stand-alone extension. The NFIP is critically important to Amer- later today or tomorrow, to vote on other spending. As soon as that money ican citizens and the U.S. economy. We urge that. So on behalf of the leader, I ob- went into this so-called trust fund, it you to immediately approve a reauthoriza- ject. was going to be grabbed out and used tion and extension of the NFIP and avoid ex- The PRESIDING OFFICER. Objec- for completely unrelated spending, acerbating the uncertainty for taxpayers tion is heard. nothing to do with any oilspill. who rely on the NFIP to insure residential Mr. VITTER. Mr. President, again, I I had an amendment on the floor, and and commercial properties. think it is a shame. If the distin- the amendment was very simple. It did Sincerely, not disrupt the tax increase—did not American Escrow Association; American guished Senator from Michigan wants Insurance Association; American Land to propound a UC to separate unem- touch that. It simply said that any- Title Association; American Resort De- ployment insurance, I will support thing going into the oil fund has to be velopment Association; Building Own- that. I will not object. I think it is a used to clean up oilspills—radical ers and Managers Association; CCIM good idea. I think we need to come to- idea—and No. 2, anything going into Institute; The Chamber Southwest LA; gether around things on which we the Oil Spill Liability Trust Fund can- Credit Union National Association; Fi- agree. I think those things are and not be used as an offset, double-count- nancial Services Roundtable; Greater should be bipartisan and we should not ed—Enron accounting to mask, to hide , Incorporated; Inde- other deficit spending, which is going pendent Community Bankers of Amer- bend over backwards to somehow make ica; Independent Insurance Agents and them partisan in this silly game. So I on in this bill. Brokers of America; Institute of Real would support that unanimous consent Unfortunately, that amendment was Estate Management; Mortgage Bankers request. I am sorry she cannot, at least defeated. But we had a good vote, quite Association; National Apartment Asso- on behalf of the leader, support mine. frankly. I want to note and thank the ciation; National Association of Fed- I understand it is part of the larger Democratic majority chairman of the eral Credit Unions; National Associa- bill. It was 21⁄2 weeks ago and that is Budget Committee for voting yes on tion of Home Builders; National Asso- exactly why the program lapsed on that. I think he voted yes because of ® ciation of REALTORS ; National June 1—because it was part of the larg- the simple reality of what I am saying. Multi-Housing Council; National Asso- ciation of Mutual Insurance Compa- er bill and that larger bill was not That money should only be used to nies; Property Casualty Insurers Asso- going to pass then, did not pass yester- clean up oilspills. That money should ciation of America; The Real Estate day, probably is not going to pass not be double-counted, should not be Roundtable. today. used in Enron accounting to offset, to Mr. VITTER. Mr. President, the let- In the meantime, it is not some theo- mask other completely unrelated def- ter truthfully says—it is very simple: retical bill that is being held hostage. icit spending. The frequent lapses in the National Flood It is American citizens who are being In the new version of this so-called Insurance Program are undermining home- held hostage. It is first-time home buy- extenders bill recently unveiled, unfor- owners and commercial property owner con- ers who are being held hostage. It is tunately we are going from bad to fidence in this vital system. Given the frag- people in the real estate industry who worse because they just increased the ile state of residential and commercial real need every darned closing that they tax from 41 cents to 49 cents. Origi- estate markets, Congress should take imme- can close who are being held hostage. nally, it was 8 cents, and it jumped to diate action to restore confidence in the Na- 41 cents—that is over a fivefold in- tional Flood Insurance Program through a It is not right. It is politics ahead of long-term, stand-alone extension. people, purely and simply. crease—and now to 49 cents. Between That is what my stand-alone bill is. I am very sorry that again the major- those two versions of the bill, we actu- It is not complicated. It is not con- ity leader has rejected this simple idea. ally had President Obama meet with troversial—should not be. Not par- I will keep making the request because BP and set up a huge escrow fund to tisan—should not be. It doesn’t in- this program has now lapsed. It has not make sure BP, as the responsible party crease the deficit in any way, shape or existed since June 1 and that is hurting of the ongoing spill, pays for every- form—not by a penny. people and that is hurting the econ- thing, as they absolutely should do. So Again, I will ask what I asked before omy. in between the 41-cent version of the the Memorial Day recess, trying to I would like to move on to another bill and the 49-cent version of this bill, avoid this train wreck which has now aspect of this bill which is hurting peo- we set up this escrow fund to ensure, as happened for over a couple of weeks. ple, which is particularly offensive to we should, that BP pays for everything. I ask unanimous consent the Senate me, representing Louisiana. This is So the increase has nothing to do proceed to the immediate consider- only getting worse in terms of this bill with the real crisis in the gulf; the in- ation of Calendar No. 372, which is my going from one version to another; that crease has to do with politics in Wash- bill, S. 3347, a bill I introduced that ex- is, the aspect of this bill on the Senate ington because that first version of the tends the National Flood Insurance floor that pertains to the Oil Spill Li- bill did not get the votes because it had Program through December 31, 2010; ability Trust Fund. too much deficit spending. So what do that that bill be read a third time, I represent Louisiana. More impor- we do? We are going to steal more. We passed, and the motion to reconsider be tantly, I live in Louisiana. I am all for are going to offset more out of the Oil laid upon the table. oilspill cleanup. If there is anybody in Spill Liability Trust Fund. And that is The PRESIDING OFFICER (Mr. the world who is for that, nobody is for why it went up again, from 41 cents to FRANKEN). Is there objection? it more than folks in Louisiana for ob- 49 cents. Ms. STABENOW. Mr. President, re- vious reasons. I am for a healthy and Well, I have to say that I find all of serving the right to object, let me say vibrant Oil Spill Liability Trust Fund. that pretty darn offensive. We have a

VerDate Mar 15 2010 01:12 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\A17JN6.008 S17JNPT1 smartinez on DSKB9S0YB1PROD with SENATE S5082 CONGRESSIONAL RECORD — SENATE June 17, 2010 real crisis in the gulf. It is an ongoing toring how much money was coming in Perhaps most troubling of all is this crisis because the flow is not stopped. because I knew we could only spend as fact: Today the money we take in in Rather than deal with that real crisis much as we had. We had three choices revenues is only enough to cover Social through action, some folks up here are if revenues declined: We could raise Security, Medicare, and Medicaid—the using and abusing that crisis to ad- taxes, we could cut spending, or we entitlements. Every other dollar we vance their own agenda—deficit spend- could find a new source of revenue. We spend for every other function of gov- ing, unrelated spending—through poli- did not have the option of spending ernment—from the men and women tics. I think that is wrong. I think it is money we did not have. who keep us free and safe in the mili- wrong in a pretty raw way, and I find So I always knew there was a prob- tary to the FAA that guides your it offensive. And I say that on the Sen- lem in Washington when Washington plane, to the roads you drive on, to the ate floor. It is going from bad to worse. did not understand those basic dynam- Department of Labor, the Department We are now, under the current pro- ics that families in Florida and around of Commerce, the Department of Agri- posal, stealing even more from the Oil the country had to deal with in terms culture—every other function of gov- Spill Liability Trust Fund, using it of making ends meet, the same deci- ernment is borrowed. It is even more to mask other unrelated sions families make around their unsustainable. spending. We have a real crisis on our kitchen tables to decide: Well, we can- I am new enough to Washington to hands. Let’s address it. Let’s not use not afford it this month, so we are not think this is normal. This still seems bizarre to me. What this body and abuse it politically. going to have to put it off until next I yield the floor, and I suggest the ab- month or we are going to have to cut and what the body down the hall fail to sence of a quorum. down on some of this spending so we do is set priorities and say: We are The PRESIDING OFFICER. The can make sense of our fiscal house. I going to afford this, but we cannot af- clerk will call the roll. knew that didn’t happen in Wash- ford that—just as families do, as the The assistant legislative clerk pro- ington, but I never knew the degree to State government in Tallahassee does, ceeded to call the roll. which it did not happen. as businesses do every day. We do not go into the agencies now Mr. LEMIEUX. I ask unanimous con- When I came here and was sworn in that are spending all this money and sent that the order for the quorum call in September of last year, the national say, are they spending money on things be rescinded. debt of this country was $12 trillion. that are effective, efficient? Are they The PRESIDING OFFICER. Without That is a staggering amount, and it is getting bang for the buck? No. What we objection, it is so ordered. a number that is hard for us to get our do in Washington is create new pro- AMENDMENT NO. 4300 TO AMENDMENT NO. 4369 brains around. One trillion—what does it mean? grams. We pass this financial regu- (Purpose: To establish an expedited proce- latory reform bill, and instead of firing dure for consideration of a bill returning Well, 1 trillion is 1,000 billion—$1,000 all the people at the SEC who failed to spending levels to 2007 levels) billion—and 1 billion is 1,000 million. do their job in policing Wall Street, we Mr. LEMIEUX. I send an amendment Just to put it into some perspective, if create a new governmental institution to the desk, No. 4300, and I ask that it you took dollar bills and put them on because that is what Washington be called up. the floor and laid them side by side, $1 does—more and more layers of govern- The PRESIDING OFFICER. The million would cover two football fields; ment on top of government, with no- clerk will report. $1 billion would cover Key West, FL— body looking to see what government The assistant bill clerk read as fol- 3.4 square miles of one-dollar bills car- is doing now and whether your tax dol- lows: peting Key West, FL; $1 trillion would lars are being spent effectively and ef- cover Rhode Island twice. If you The Senator from Florida [Mr. LEMIEUX] ficiently because there is no mecha- proposes an amendment numbered 4300 to stacked 1 trillion one-dollar bills on amendment No. 4369. nism in place to balance the budget. the ground up to the sky, it would go I wish we had a balanced budget Mr. LEMIEUX. I ask unanimous con- 600 miles into the sky. amendment. I wish we had to do what sent that the reading of the amend- When I came here in September, this our States have to do. This past spring, ment be dispensed with. government owed $12 trillion in money in Florida, our State leaders had to sit The PRESIDING OFFICER. Without that it shouldn’t have spent in the down, when there were less revenues objection, it is so ordered. past, that it couldn’t afford to spend, than there had been in the past, and (The amendment is printed in the and it was carrying that debt. That was they had to make decisions about what RECORD of June 7, 2010, under ‘‘Text of bad enough, but time has elapsed and to cut. That is what leaders do. We do Amendments.’’) now we are in June of 2010, and now the not do that in Washington. Mr. LEMIEUX. I have offered amend- national debt is $13 trillion. The debt But I have an amendment, a pro- ment No. 4300 today. It is a piece of leg- has gone up $1 trillion in less than a posal, that would get us into a mecha- islation in which Senators WICKER, year’s time. It took 200 years for this nism to at least have the debate about RISCH, and GREGG have joined me. It is country to amass its first trillion dol- how we can save this country by stem- called the 2007 Solution. lars in debt, and we just did another ming this uncontrollable spending. It is The No. 1 problem facing this coun- trillion dollars in less than 1 year’s called the 2007 Solution. It would re- try is our out-of-control spending. It is time. quire this, simply: Each year, the ma- to a point where it is unsustainable. Right now in our budget, we spend jority leader will be required to offer a I am new here to the Senate. I came $200 billion a year paying interest on piece of legislation that would have 50 last September. My background is in the debt. That is on expenditures we hours of debate, where we would have business as well as in State govern- shouldn’t have made in the past—$200 to go back to 2007 spending levels. Why ment in Florida. In both of those billion. At our current rate of spend- 2007? Well, 2007 was the last year we venues, I had the responsibility, both ing, as projected by the White House, had a robust economy. It was not until in chairing a business I helped to run by the end of this decade we will spend December of that year that we entered as well as being the Governor’s chief of $900 billion a year just making interest into recession. staff in Florida, to make sure ends payments on debt. By 2020, it is esti- When I talk with most Floridians, met. In the business I worked in, I mated that our debt, our national debt, they would be happy to have the would look at receipts, and we could will not be $13 trillion, it will be $25.7 money they made in 2007 as income in only spend as much money as we took trillion. And when we get to that point, 2010. It was before the stimulus. It in. In State government, we had a bal- our country is going to fail. This is not should be enough for us to live off of. anced budget requirement. We had a just a problem for our children or our And it is not as though things were balanced budget requirement in Flor- grandchildren, it is a problem for all of being done efficiently and effectively ida. us. And $900 billion is more than we in 2007. It is not as though someone was When the economy went bad in 2007, spend fighting both wars and all of the going into the agencies trying to chop when I was the Governor’s chief of expenditures for the Defense Depart- out waste and abuse, set priorities. It staff, I would be on the phone with the ment right now. And we are going to be was not being done then, either. So budget people almost weekly moni- paying that just in interest? there should be plenty of wiggle room.

VerDate Mar 15 2010 01:12 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G17JN6.062 S17JNPT1 smartinez on DSKB9S0YB1PROD with SENATE June 17, 2010 CONGRESSIONAL RECORD — SENATE S5083 So if we go back to 2007 level spend- have to look at the entitlement pro- portant to say—I am not speaking to ing at $2.729 trillion, by 2013 we would grams. the specifics at all in terms of a pro- balance the budget, and by 2020, in- We are going to have to look at Medi- posal—but I do feel it is important to stead of having a $25.7 trillion national care. We are going to have to look at talk for a moment about how we got to debt, we would cut the current na- Social Security. This is not a popular where we are with the deficit. Because tional debt in half, and it would be thing to talk about. You are not going it is pretty hard to listen to folks who somewhere around $6 trillion, and we to see my colleagues come to the floor were involved in policies that got us would save America. of this body and talk about reforming where we are and are now talking to us What this amendment does, what entitlements because it is politically about how terrible it is as to where we this proposal does, is require the ma- dangerous. But the truth is, if we do are. jority leader to offer an amendment not reform them, they are not going to I want to stress, when I came to the where we will have 50 hours of debate be there for our seniors in the genera- Senate in 2001, we were trying to figure on the floor of the Senate—as they will tions who follow. We are going to have out what to do with the largest budget in the House—to set spending levels at to have the courage of our convictions. surplus in the history of the country. I 2007 levels. And guess what we are We are going to have to care about the was in the House when we made the going to have to do then. We are going next generation more than we care very tough vote to balance the budget to have to be adults. We are going to about the next election. under President Clinton. have to be leaders. We are going to I hope the 2007 Solution will pass. It Unfortunately, for all of us—I mean have to make decisions about what is does not require any specific program that sincerely—rather than doing what important. be cut. It just requires that we have a many of us had proposed—which was to The $90 billion Washington spends debate about it every year. If the ma- take that large budget surplus and every year to subsidize different busi- jority leader does not introduce it, the take a third of it to do strategic invest- nesses around the country—is that im- minority leader can. If the minority ments in tax cuts and a third of it for portant? The billions of dollars that go loader does not introduce it, any Sen- investments in things such as health into earmarks—are they important? ator can. There would be 50 hours of research and education and jobs, and a Could we not cut 10 percent from each privileged debate. It can go through third of it to prefund the deficit for the agency, 20 percent from each agency? committees, but only for 30 days so it future; that was a proposal we had—in- The $100 billion of Medicare fraud a does not get stuck in the committees. stead, all of it went to top-down tax year—could we not combat that? It would require a three-fifths majority cuts for the wealthiest people in the Would we not then have a motivation, to pass. That is a peculiarity of the country. It put us in a situation where an impetus, to actually start doing bet- Senate—our 60-vote rule. So it makes we had no backup, no surplus. Then we ter by the American people and watch- sense, and it is consistent with the his- went to war with two countries and put ing the dollars they send to us, and tory and the precedents of this body. it on the credit card, which we have spending them as if they were our own, I want to conclude with this: For us now used for 10 years. and doing it wisely? to be here and to do anything else, Then we saw a huge new Medicare en- My amendment does not say what without tackling this debt issue, is un- titlement. I certainly believe strongly has to be cut. It does say there will not fair to the American people. I have four in providing prescription drug help for be any tax increases. We do not need to little kids. My wife and I just wel- seniors, but that was not paid for ei- create more revenue and create more comed a new daughter into the world. ther. There was item after item after of a problem because, trust me, if we It is our first daughter because we have item—until President Obama inherited create more revenue, this Congress will now the largest deficit. spend it. We do not have a revenue three young sons. My greatest fear is that my four kids—or one of the four So as we are trying to dig our way problem. We have a spending problem. out of this now, it is very disconcerting Let’s have this debate. Who is afraid kids—someday will come to me and to hear over and over, with all due re- of a discussion? Let’s go back and forth say: Dad, I am moving to a foreign spect, about how deficits matter. Defi- and say what we could cut. Should we country. I am going to Brazil or India cits did not matter when it was the Re- cut things in the Department of De- or China or—pick your country—be- fense? Is there not waste, fraud, and cause the opportunities in that country publican agenda. And my guess is, if we abuse in the Department of Defense? are greater than the ones in the United were talking about another round of Sure there is. Let’s cut it. Secretary States. huge tax cuts, it would not matter ei- Gates wants to cut spending in defense. The greatest threat we have to this ther. It matters now when we are talk- No one wants to cut our capabilities. country today is our inability to con- ing about things that middle-class fam- But are there things we could do with- trol this out-of-control spending. If we ilies want. It matters now when we are out, and do things more efficiently, not do not do it, we will violate the Amer- talking about jobs or the cost of col- just in defense but in every department ican creed, which is that we leave this lege or whether we are going to be able of government? country a better place than we found it to have families be able to have a fam- There are 100,000 people working at for each generation that follows. ily doctor for their kids—or all the the Department of Agriculture. By best I hope my colleagues on the other other things. Now it matters. It did not estimate—and it is less than this— side of the aisle will embrace this matter—the Wall Street bailout? OK. A there is 1 person at the Department of amendment. Again, it does not require people’s bailout? A families bailout? Agriculture for every 30 farmers. What anything to be cut. It requires a discus- Oh, no, no, no, no, that is deficit spend- are all these people doing? Has some- sion and a good debate on what should ing. one looked under the hood at that be cut. It sets the parameter that if we I will say this, with all due respect: agency? hold ourselves to that cap, we could with over 15 million people on unem- The President is now asking all the save this country. There are folks I ployment benefits right now and an- agency heads, the Cabinet members, to know on the other side of the aisle who other how many—who knows—working look for 5-percent cuts, some of which care about this issue. I have talked to part time or who completely had to would go toward deficit reduction, them. This is not a Republican issue. leave the labor market—millions and some which would go toward other pro- This is not a Democratic issue. This is millions of people—we will never get grams they could spend money on. a moral issue. It is a moral obligation out of deficit until people get back to When is the last time we cut any agen- of the people who serve in this body work. We will never get out of this def- cy? We have not had fiscal sanity in and the one down the hall to fix this icit ditch until people get back to work the Congress since the mid 1990s when out-of-control spending. and they are back contributing and we balanced the budget. We are talking Mr. President, I yield the floor. being a part of the economy and being 13 years, 14 years. Someone needs to The PRESIDING OFFICER. The Sen- able to care for their families and look under the hood of these agencies ator from Michigan. being able to get this economic engine and set priorities. Ms. STABENOW. Mr. President, I did going again. This amendment will require that not intend to speak again, except after That is a basic philosophical dif- discussion to happen. We are going to hearing my colleague, I do feel it is im- ference we have. It is a basic difference

VerDate Mar 15 2010 02:18 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G17JN6.063 S17JNPT1 smartinez on DSKB9S0YB1PROD with SENATE S5084 CONGRESSIONAL RECORD — SENATE June 17, 2010 in beliefs that I was talking about ear- that. But right now what we are saying concern when we get into tax policy, lier today: about whether it is impor- is, where we ought to focus our ener- about who we are going to give a tax tant to focus on people and putting gies is on taking away the stimulus cut to, who is going to get money back people back to work on things that that comes from unemployment bene- in their pockets. Not too many folks in middle-class families need or now— fits, and somehow we have to get our my State believe it has gone to them. when it is a different agenda, when we focus back on people who have lost So that is why I raise the estate tax. have different priorities and different their jobs. So I fundamentally have a In general, I would just simply say values, and we are fighting for different disagreement. we know President after President, Re- people—now, all of a sudden, despite Mr. LEMIEUX. Mr. President, if I publican and Democrat, has extended the former Vice President’s claim that could just ask one more question. I unemployment benefits as emergency deficits did not matter, now they mat- don’t disagree with the Senator about spending for decades. I am just very ter. spending the money; I would like to ex- disappointed that now, suddenly, that I believe they do matter. I believed tend unemployment compensation. But is trying to be changed. they mattered in, I think it was 1997, would my friend not agree with me Thank you, Mr. President. when I voted for a balanced budget that there is $50 billion we could find Mr. LEMIEUX. I thank my colleague under President Clinton. I believed somewhere in this government, money for the good conversation, and I sug- they mattered in 2001 when I was a that has not been spent that is sitting gest the absence of a quorum. member of the Budget Committee. I in accounts, wasteful spending, pro- The PRESIDING OFFICER. The voted for efforts to have us be fiscally grams that aren’t working? Why can’t clerk will call the roll. responsible. And I believed they we as a body get down to the business The bill clerk proceeded to call the mattered when we voted to reinstate of looking at government and all of the roll. rules that were taken off for 8 years— trillions of dollars we spend and find Mr. DEMINT. Madam President, I ask that you should pay as you go when money and set priorities and pay for unanimous consent that the order for you do something. I know we have to this? the quorum call be rescinded. make sure we are actually living up to Ms. STABENOW. I guess I would ask The PRESIDING OFFICER (Mrs. that. my friend back, would you agree that SHAHEEN). Without objection, it is so But with all due respect, we have a rather than decreasing the estate tax ordered. very different view of the world. Com- for less than one-half percent of the MOTION TO REFER ing from the great State of Michigan public, maybe we should make sure any Mr. DEMINT. Madam President, I right now, our folks would say it is dollars there should go back to some- send a motion to the desk. about time somebody focused on them body who doesn’t have a job and maybe The PRESIDING OFFICER. The and their jobs and what is happening to help create a partnership with a busi- clerk will report. their families. That is what this bill is ness to create a job? Would you say The bill clerk read as follows: all about that is on the floor. That is that is a better priority than what is The Senator from South Carolina [Mr. what we are all about. I think it is the going to be coming up not too long DEMINT] moves to refer the House Message right course. from now on the Senate floor to try to to accompany H.R. 4213 to the Committee on I thank the Chair. Finance with instructions to report the same help folks who already make millions back to the Senate with changes to include Mr. LEMIEUX. Would my friend yield of dollars a year? a permanent extension of the 15 percent in- for a question? Mr. LEMIEUX. Respectfully, I think come tax rate on capital gains and dividends Ms. STABENOW. I would be happy the estate tax issue is a different issue, under section 1(h) of the Internal Revenue to. but I will address it. Code of 1986, and to include provisions which Mr. LEMIEUX. Your State has high Ms. STABENOW. I don’t think it is a decrease spending or increase net revenues unemployment and my State does too. different issue, with all due respect. as appropriate to offset such permanent ex- I think you are at 14-some percent, and Mr. LEMIEUX. Ma’am, I let you fin- tension. we are at 12 percent. Everybody cares ish. If I may, we don’t have an estate Mr. DEMINT. Madam President, we about trying to get folks back to work, tax right now. The joke is, don’t go are obviously considering a tax bill in but shouldn’t we find a pay-for on this hunting with your children because the middle of a recession, with a lot of bill? Everybody wants to extend unem- right now there is no estate tax in this folks out of work. Yet we are talking ployment compensation, but why country this year. So we all agree that very little about the fact that, within 6 should we put it off on our kids and our needs to be fixed. months, tax rates for every American grandkids? Is there not $55 billion we We have a difference in belief on and every business are going to go up. could find to pay for this bill? taxes, but I am talking about just this It is already beginning to create uncer- Ms. STABENOW. Mr. President, with spending issue. You and I and many of tainty in our economy. Folks who all due respect to my friend, the reality us in this Chamber all agree that we would otherwise take risks and invest is that we have an economic emergency should continue unemployment com- are holding back because of the in- in this country. If 15 million people out pensation. People in your State are crease in taxes. of work isn’t an emergency, I don’t hurting; people in my State are hurt- One of the main focuses of what we know what one is. So I would just fun- ing. are doing needs to be on capital gains damentally disagree with the Senator. My question is, Is there not $55 bil- taxes as well as dividend taxes. Right In order for something to be an eco- lion we could find somewhere in the now, the capital gains tax, in January, nomic stimulus every economist—from more than $2 trillion that we are going is going up—if we do nothing—from 15 Reagan economists to Clinton econo- to spend this year—actually, more to 20 percent. This will discourage in- mists to Bush economists to Obama than $3 trillion—could we not find an vestment. The dividend tax will go up economists—has said by funding this as offset so we don’t put this upon our from 15 percent to the top rate of near- emergency spending, we jump-start the kids and our grandkids? ly 40 percent. economy. For every dollar we put into Ms. STABENOW. Finally, I would say The Heritage Foundation estimates a family’s pocket, we get $1.60 in eco- before having to leave the floor, I ap- that if we would hold tax rates the nomic turnaround, economic benefit preciate that in theory. I guess I would same on these two taxes, we would save because families who are out of work ask my colleague to come up with what over 250,000 jobs next year alone. are forced to spend the money that is your list would be of priorities, be- I am asking my colleagues to con- put in their pockets. cause—— sider the urgent need to keep our cur- So, no, I would fundamentally dis- Mr. LEMIEUX. We will do that. rent tax rates the same, particularly agree. We have had economists testify Ms. STABENOW. From my stand- on capital gains and dividends, as we who would fundamentally disagree point, unfortunately, what I see over know a lot of seniors are living in part with that premise. It sounds good. It and over again are middle-class fami- off dividends they receive. If we raise sounds good. I wish we had paid for the lies and folks who are out of work are the tax rates on them, it is not going huge tax cuts that were done a number the ones who get hit over and over to do anything to help them or our of years ago. I wish we had paid for again. That is my concern. That is my economy.

VerDate Mar 15 2010 02:18 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G17JN6.064 S17JNPT1 smartinez on DSKB9S0YB1PROD with SENATE June 17, 2010 CONGRESSIONAL RECORD — SENATE S5085 I am asking that this bill be referred It was included in the Senate health re- them. Obviously, as you can see from back to committee, that they add this form bill for two of my Democratic col- the Xs there, we have not gotten very requirement that the capital gains and leagues from so-called frontier States. far on most of them. dividends stay the same, at 15 percent, It is what I call the frontier freeloader Last week, I discussed the unfinished and bring it back to the floor for a provision. And it can be called that be- tax legislative business. This chart vote. cause it just helped five States at the gives you an update of the legislation With that, I yield the floor and sug- expense of 45 others. before the Senate. It deals with only gest the absence of a quorum. The frontier freeloader deal gives one small, however important, part of The PRESIDING OFFICER. The higher Medicaid payments to just five unfinished tax legislative business. clerk will call the roll. States—North Dakota, South Dakota, These tax extenders are on their sec- The bill clerk proceeded to call the Montana, Wyoming, and Utah—and it ond Senate stop. This is the bill now roll. is at the expense of every other State. before the Senate. As this chart shows, Mr. GRASSLEY. Madam President, I Even though Iowa, New Mexico, Arkan- the tax extenders which are overdue by ask unanimous consent that the order sas, Missouri, and other rural States do almost half a year are not alone. There for the quorum call be rescinded. not benefit from this deal, they have to are three other major areas of unfin- The PRESIDING OFFICER. Without pay for it. Here we are. Taxpayers in ished business. objection, it is so ordered. your State and mine—all the other 45 One area is the one I discussed a cou- Mr. GRASSLEY. Madam President, I States—have to kick in to pay the $2 ple of days ago—the alternative min- want to address my colleagues on a billion for higher Medicare payments imum tax, the AMT patch. That issue, couple of different issues. One would be for these 5 so-called frontier States. if you do not deal with it, is going to to speak in support of part of the This is another example of how the se- raise the taxes of 24 million Americans, Coburn amendment, and the second one cret deals made by the Democratic ma- middle-class Americans who, frankly, would be to speak on the issue of taxes. jority leader to get votes during health were never intended to pay the alter- I want to speak in favor of Senator care reform led to bad policies such as native minimum tax. If we do not fix COBURN’s amendment that would repeal the ‘‘Cornhusker kickback,’’ the ‘‘Lou- it, 24 million people are going to see a special deal for California. As I have isiana purchase,’’ and the Florida their taxes go up. said before, Medicare’s payment sys- ‘‘Gator aid.’’ I introduced legislation in Yesterday, I addressed the issue of tem for physicians is flawed in many April to repeal this sweetheart deal for the death tax. That is an area which is ways. One of those flaws has resulted frontier states. My bill, the Medicare very important. I took a lot of time of in unfairly low payments to physicians Rural Health Care Equity Act, would my colleagues last night to explain the in my own State of Iowa and many eliminate this special deal for these issue and particularly the impact on other rural States over the course of five States. We should improve physi- small, family-owned businesses that many years. cian payments for all rural States, not may be sold off because we do not have Medicare payments vary from one just a select few. a good estate tax policy. area to another based upon geographic The Coburn amendment would ad- The third area and the one I am adjustments made by the Centers for dress a similar concern—yet another going to address now is the 2001 and Medicare and Medicaid Services. These special deal for just one State has been 2003 tax rate cuts and family tax relief adjustments are supposed to reflect the included in the Democrat’s tax ex- package. That is the one that, if Con- differences in the cost of providing care tender bill. Section 522 of the Demo- gress does nothing between now and in different areas and equalizing physi- cratic substitute would provide $400 December 31, starting January 1, 2011, cian payment. But the geographic ad- million over 10 years to create yet a the American people are going to have justors have been a dismal failure. new system for calculating payments the biggest tax increase in the history They do not accurately represent the for physicians in rural areas, but you of the country and without even a vote costs in rural States. Instead, they know what, only in one State—Cali- of Congress. Existing law, with the tax have created unfairly low Medicare fornia. This is just one more example reductions of 2001 and 2003, sunsets. rates and have, in fact, even discour- of the sweetheart deals that have per- ‘‘Sunset’’ simply means that if Con- aged physicians from practicing in meated the Democratic leadership’s ef- gress does nothing, the biggest tax in- rural areas such as Arkansas, New forts during these times. Will these crease in the history of the country Mexico, Missouri, Iowa, North Dakota, special deals ever stop? I strongly op- happens without us even casting a vote and maybe, you could say, a lot of pose these sweetheart deals, and I will here in the Senate. rural States. continue to speak out against them, As important as the AMT patch and Last fall, I offered an amendment to and I will continue to work to pass leg- the death tax are, these two I just men- reform the unfair formula that has islation to repeal these special deals, tioned are dwarfed by the impact of caused these unduly low rural pay- such as the Medicare Rural Health this third package of expiring tax pro- ments during the Finance Committee Care Equity Act, that I introduced this visions. I am referring to the marginal markup of the health care reform bill. year. rate cuts and the family tax relief of My amendment requires CMS to use That is why I strongly support the the bipartisan tax relief that was en- accurate data rather than inaccurate amendment by my colleague from acted in 2001 and 2003. Efforts to make proxies to calculate the geographic ad- Oklahoma to strike this $400 million these tax relief packages permanent justors for physician practice costs. My sweetheart deal for California from the were rebuffed. The resistance was the amendment was accepted unanimously bill, and I urge my colleagues, espe- result of a hard and determined minor- by the entire Senate Finance Com- cially those from other rural States, to ity back then, marshaled by the Senate mittee, and it was included in the Pa- do the same. You see, what happens Democratic leadership. It was reflected tient Protection and Affordable Care here when you start doing something in the budget resolutions offered in fili- Act that was signed into law by the for 1 State here and 5 States over busters. President in March. It is a national so- here—there are about 30 States, maybe Even more inexplicable than the lution to this problem that has plagued 35 States that have similar problems. Democratic leadership’s failure to ex- so many rural States. We ought to attack these similar prob- tend popular and bipartisan tax relief Unfortunately, the rural equity that lems with the same principle, as I see enacted in 2001 and 2003 were some of my amendment would finally achieve it. the reasons given. It was basically said has been endangered by the Democratic As I said, I wish to continue to ad- that since Republicans wrote the law, majority’s sweetheart deals. One of dress my colleagues on the subject of it is our—meaning Republicans—prob- these sweetheart deals was added to time-sensitive tax legislative business. lem. The left wing of the blogosphere the Senate health care reform bill that I have already spoken on other items. I echoed the Democratic leadership’s po- is now law. This special deal was added have a chart here that says what the sition. behind the closed doors of the Senate four items are that are time sensitive Some of those reflections in the majority leader, and it addressed the that we ought to be working on and blogosphere even alleged that the sun- unfairly low payments in rural States. how far we have gotten on some of set was a Republican conspiracy. I

VerDate Mar 15 2010 02:18 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G17JN6.066 S17JNPT1 smartinez on DSKB9S0YB1PROD with SENATE S5086 CONGRESSIONAL RECORD — SENATE June 17, 2010 came across a 2007 posting on Daily I have heard some Members on the do. People elect folks to public office KOS blog. The posting referred to the other side as well as key staff have to do—what? To govern; govern at the provisions of the Tax Increase Preven- made similar assertions. As one who will of the people. Governing is not just tion and Reconciliation Act of 2005, was involved in the writing of these tax about enjoying the benefits of public which was enacted in May 2006. That relief plans of 2001 and 2003, I want to office. This is a public trust we hold. legislation contained two basic pieces. tell my fellow Senators without res- We work for the American people; they One was an extension of lower rates for ervation that these assertions are abso- don’t work for us. Part of governing is capital gains and dividends. Another lutely untrue, besides being ridiculous. also about making choices. Some of was the extension of the alternative To begin with, it is completely ridicu- those choices are tough, as we know, minimum tax patch. The poster’s anal- lous to suggest that President Bush and those of us in public life need to be ysis concluded that the bill was a ‘‘poi- and Republicans in general did not in- accountable for those choices. son pill’’ designed—can you believe it— tend or desire the permanence of tax to sabotage the economy, which sup- relief. President Bush and Republicans The Democratic leadership cannot posedly would increase the prospects of in general have favored tax relief per- have it both ways. They cannot con- Republican candidates in 2012. I know manence. You need to look no further tinue the bipartisan tax relief and not that sounds a little far-fetched, but than the budgets to which I referred. be responsible for the deficit impact that is what the KOS posting on their The administration and Republican those policies carry. No family can blog said. The argument seems to be Congress budgeted for extension of the make decisions about its budget and that having popular and bipartisan tax bipartisan tax relief provisions. That evade the consequences by blaming relief from 2001 and 2003 all sunset at action affected the bottom lines of their next-door neighbors. No business the end of 2010 would cause such an those budgets. can make decisions about its budget economic mess that the Democrats, as- We heard over and over the criticism and evade the consequences by blaming sumed by the posters to be in power at of those budgets. We heard it from the a competing business. The fiscal con- the time, will take the blame and suf- Democratic leadership, liberal think sequences are an important part of fer at the polls. tanks, and some sympathetic east that decision. In the posting titled ‘‘The Monster coast media. As a matter of fact, after The statutory pay-go or pay-as-you- 1 Republican Tax Hike,’’ the poster stat- 3 ⁄2 years of congressional control, we go regime was enacted as part of the ed that: still hear the Democratic leadership’s last debt limit increase. It covers only criticism every day. Just recently, the Republican Congresses chose not to make part of the revenue loss of making per- their tax cuts . . . permanent. Speaker of the House was asked when manent the bipartisan tax relief plans The argument seems to be that Re- the Democratic leadership would cease of 2001 and 2003. For instance, the alter- publicans put sunset clauses in the bill laying the blame for all fiscal problems native minimum tax patch is extended solely to improve long-term budget on Republican budgets of the years 2001 for only 2 years. Death tax policy is ex- projections and that responsibility for to 2006. MSNBC’s Chuck Todd recently tended at 2009 levels only through 2011. the expiration of tax relief rests com- interviewed the highest ranking Demo- How do you plan estates when you only pletely with Republicans. The implica- crat in the House. Mr. Todd asked if tion is that by lowering taxes, Repub- there was a statute of limitations on have a tax law in place for 2 years? licans are responsible for a tax increase placing responsibility on the Presi- Even with those limitations, the that would occur when the Democratic dency of Mr. Bush. Joint Committee on Taxation states: majorities control both Houses of Con- At what point do you think the public says Complying with the pay-go rule means gress. That is a little far-fetched be- something [like this]? ‘‘You know what, yes, a revenue loss of over $1.5 trillion over cause it is just some sort of conspiracy we were unhappy with the Bush administra- 10 years. tion . . . [but] stop blaming the Bush admin- that you can control the electorate and I ask unanimous consent to have these things are going to exactly work istration. Mr. Todd went on to say: printed in the RECORD a copy of the out this way. That is obviously stupid, Joint Committee on Taxation’s esti- but that doesn’t keep bloggers from When does that run out? mate of the tax relief covered by statu- talking—whatever they want to be- But then the Speaker specifically re- tory pay-go. And this is a summation lieve. plied: The commentaries I just referred to Well, it runs out when the problems go of that. are available to anyone in the April 12, away. There being no objection, the mate- 2007, edition of the CONGRESSIONAL The blame game is no substitute for rial was ordered to be printed in the RECORD. doing the job you have been hired to RECORD, as follows:

VerDate Mar 15 2010 02:18 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G17JN6.068 S17JNPT1 smartinez on DSKB9S0YB1PROD with SENATE June 17, 2010 CONGRESSIONAL RECORD — SENATE S5087

VerDate Mar 15 2010 02:18 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G17JN6.078 S17JNPT1 smartinez on DSKB9S0YB1PROD with SENATE Insert offset folio 501/1 here ES17JN10.003 S5088 CONGRESSIONAL RECORD — SENATE June 17, 2010

VerDate Mar 15 2010 02:18 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G17JN6.078 S17JNPT1 smartinez on DSKB9S0YB1PROD with SENATE Insert offset folio 502/2 here ES17JN10.004 June 17, 2010 CONGRESSIONAL RECORD — SENATE S5089 Mr. GRASSLEY. The expiring tax re- nesses and investors this hard 6 months sequences. They are pretty significant lief I am talking about today includes from now? They are not going to wait fiscal consequences, as you can see by the marginal rate cuts and family tax 6 months from now to make some deci- the figures on this chart. That is going relief. Under the statutory pay as you sions. They are making those decisions to raise taxes an awful lot. If the go, the amount permitted in this area right now. If we can give them some Democratic leadership wants to keep is about $1.4 trillion as you can see at certainty, I think it would be a big these levels of taxation low, then they the top of the chart on the right. It boost for our economy. have to deal with the fiscal con- covers about 80 percent of extending all You can see that the broad bipartisan sequences. Alternately, the Democratic of the marginal rate cuts and family tax relief brought the effective rate leadership can raise taxes and claim tax relief from the 2001 and 2003 bipar- down with respect to the bottom 95 the revenue. tisan plan. percent of taxpayers. This is the red Not changing the law by failing to That number makes sense because line. Some of my colleagues on the act is the same as raising rates on vir- the bipartisan tax relief plans cut taxes other side of the aisle may be thinking tually every American taxpayer. But for virtually every American family to themselves, sure, this is true for in- they will have to explain to the tax- who pays income tax. How significant come taxes. But what about other Fed- payers why they raised taxes by almost and how widespread is this tax relief? eral taxes such as Social Security, 10 percent, on average. In the 2006 elec- This chart here, drawn by the Congres- which make up a large percentage of tion, almost 4 years ago, the American sional Budget Office—and I want to re- the taxes paid by middle and low-in- people provided the Democratic leader- mind people throughout the Nation come individuals? ship with control of the Congress. In that CBO is a professional group of peo- Well, this chart is not just a depic- the 2008 election, over 18 months ago, ple who see numbers as what they are, tion of Federal income taxes, it in- the American people provided the void of politics, and make predictions. cludes all Federal taxes. This includes Democratic leadership with yet the So I hope this may shed some light on Social Security, other payroll taxes, largest majority in more than a gen- the question of how significant and excise taxes, frequently referred to by eration. They also provided the Demo- widespread is the tax relief. my colleagues on the other side of the The line measures the effective tax cratic leadership with a President of aisle as regressive taxes, everything, their party. rate paid by the top 5 percent of the including all Federal taxes over the taxpayers. That is at the top, the top The Democratic leadership spent the last 30 years. periods of 2001 to 2006 thwarting our ef- line. This group roughly represents The top 5 percent has paid a lot high- those taxpaying families with incomes forts to make bipartisan tax relief of er effective tax rate than the bottom 95 2001 and 2003 permanent. It would seem over $250,000. Under the Democratic percent. It has been that way no mat- leadership’s budget, this line will go okay to keep Republican bills from 2001 ter which party has controlled the through 2006 from being made perma- back up to where it was in the year White House or controlled Congress or 2000. That is also where the President’s nent, but the 2001 tax bill was very bi- controlled both. It shows something partisan. budget, meaning President Obama’s you would never know if you listened Upon assuming control, they have budget, and the statutory pay-as-you- to the rhetoric from the other side or spent 31⁄2 years with no legislation to go regime would take the rates. even the punditry of the media and the The Republicans believe this signifi- make permanent or even extend mar- left. ginal tax rates and family tax relief cant tax increase will be a mistake. We Here is what it shows: A progressive packages. My friends in the Demo- hope we will be able to debate this pol- income tax system is very deeply em- icy in the House and Senate, in com- cratic leadership need to step to the bedded into our culture. The bipartisan mittee and on the floor. That was, plate. We have had budgets and statu- tax relief plans of 2001 and 2003 made after all, the process that was followed tory pay-as-you-go. We have debated the system yet more progressive. Those when the bipartisan tax relief plans this and voted on the breadth and com- plans brought the rates down for the were passed in years 2001, 2003, and 2005. position of marginal rate cuts and fam- bottom 95 percent of taxpayers. The We will point out that about half of ily tax relief in those contexts, yet no 2001 and 2003 tax relief plans dropped the heavy tax increases will fall on legislative action; no House committee the effective tax rate for taxpaying small business owners. The top mar- and floor action; no Senate committee families under $250,000 to their lowest ginal rate on small business owners and floor action. And that would be the levels in a whole generation. will rise by 17 percent. Democrats and bottom line there. The Xs show noth- Republicans agree, small businesses are This is the current law level of tax- ation. In a little over half a year, these ing happening on something to give a key job creator of the future and for permanence to tax law, to give predict- a long period of time in our country. rates will pop back up for all of these taxpayers. I have a couple of charts ability to the future of those people President Obama correctly points out who have to put up money to create that small business creates 70 percent that illustrate how significant the tax hit will be. Middle-income families will jobs that expand our economy. of new jobs. I do not argue with his per- Without it, the biggest tax increase centage. run right through these tax walls. I have used these charts several times in in the history of the country could be The rest will also hit investment a fact. So I say once again, step to the hard. The top capital gains rate will the last few months. plate. Blaming former President rise by 33 percent. The top dividend For a family of four with an income George W. Bush and Republican Con- rate could rise by almost 275 percent. of $50,000, that is a tax wall of a $2,300 gresses of many sessions ago is no sub- All of this is set to occur not at some tax increase. For a single mom with stitute for running this time-sensitive far distant future point, it occurs a lit- two kids earning $30,000, that tax wall tax legislative business through the tle over a half a year from right now. will be $1,100. The President, as power- We all hope the economy is on a path ful as he is, cannot unilaterally hike or process. Put forward proposals. Let us to recovery. But does this heavy tax in- cut taxes. He needs a bill from Con- debate those proposals. Let’s allow for crease on small business owners and in- gress to do that. On our side, we want amendments. Allow votes on amend- vestments ever make sense? Because all of the tax relief made permanent. ments. Do the people’s business. It is even the most liberal Members on the We want the opportunity to debate and time to check every one of these boxes. other side might wonder whether it to amend a bill that deals with this The PRESIDING OFFICER. The Sen- makes sense right now to increase basic level of taxation. ator from Oklahoma. taxes at this time. Is the recession end- As has been made clear for the last Mr. COBURN. Madam President, I of- ing? There is good news some days, bad 31⁄2 years, Republicans do not control fered a rather lengthy amendment to news some days. But the uncertainty is this Congress. We cannot decide the this bill, not because I was trying to be a factor that people do not want to fate of the marginal rate cuts and fam- cute, but I think the American people move forward with investment and cre- ily tax relief. This is unfinished busi- have got to hear from us on whether we ating jobs. ness. It is unfinished tax legislative are going to make some of the com- Do we think then that the private business that affects every American monsense changes they would expect sector will grow if we hit small busi- taxpayer. It will have fiscal con- us to make.

VerDate Mar 15 2010 02:18 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G17JN6.079 S17JNPT1 smartinez on DSKB9S0YB1PROD with SENATE S5090 CONGRESSIONAL RECORD — SENATE June 17, 2010 There are a lot of easy votes in this the other side. They will not defend it. That is the interest cost for what we amendment. I mean, to not pay con- You cannot defend borrowing $50 bil- will have spent in money that we tractors when they do not deserve to be lion more against our children and didn’t have per person in this country. paid, whether to continue to do it, we grandchildren when we have $300 bil- That is $60,000 25 years from now that did it to the tune of $6 billion at the lion of waste, fraud, abuse, and duplica- every one of us who is still alive will be Pentagon in the last 6 years. That is tion in the government right now that paying each year just in additional in- not hard. we have rejected every time when terest before we do anything with the To quit printing and wasting money those amendments come to the floor. Federal Government. on printing things we should not be You can’t do it. This government is so far out of con- printing, that is not hard. But the de- So we play the political game in trol. It is not President Obama’s fault, bate is. Washington. We had it in February, it is the Congress’s fault. Presidents It is just as important as taking care when our colleagues passed pay-go. It can’t do things without us. We allow it of those people who are unemployed. If is really to pay-go or not to pay-go. or don’t allow it. We have been rebel- we don’t cycle through to a good recov- What pay-go means is, you American lious against the principles and values ery, we are going to have less oppor- taxpayers, you pay, and we will go that made this country great. There tunity to borrow money to help those spend your money. has never been a country that has people who are unemployed. We now The statute said we would no longer achieved—economically, culturally, stand at a crossroads we have never spend new money on anything unless and scientifically—anything close to been at before. Our gross debt is in ex- we paid for it. Since February 12 when what we have created. Congresses are cess of $17 trillion. Our net debt is at this bill was signed into law, on Feb- destroying it. This bill is another drop $13.2 trillion. The difference between ruary 24 we borrowed $46 billion. We that will eventually turn the statute that is the money the Congress has sto- waived pay-go. We said the rule doesn’t over that says the future is not here. len from Social Security and myriad apply now. This is more important. It This isn’t a partisan debate, this is a other trust funds that are much small- was the highway trust fund. Rather generational debate. We are thieving. er. But we have borrowed it and put a than cut some of the waste, fraud, and Generational theft is what we are piece of paper in that says: We will pay abuse, rather than cut out some of the about because we lack the courage to you back. things that are duplications, we bor- confront the real problems we have and The fact is, we have to pay interest. rowed that from our grandchildren. We embrace, though it may cost us politi- It is compounded. We will eventually did it twice in March, $99 billion out of cally, doing the right things to ensure have to pay it back. Only in Wash- the Senate and $10 billion. One was for an American dream for the Madelines ington would we talk about net debt an extension; one was for the overall of this world. We are failing to do that. when, in fact, we are paying interest on tax extenders. We didn’t quit there. What an abandonment of our oath, the gross debt. April came, $18 billion more. May what a rejection of what was given to We had testimony before the debt came, May 20, we did $20 billion more. us. Yet we have the gall to come out commission 2 weeks ago by Dr. Pay-go didn’t apply. We waived it. We here week after week and spend money Reinhart, one of the leading econo- said it doesn’t count. The rule doesn’t we don’t have on some things that are mists in the country, who said we are count. necessary, some that are not, but that What good is it to have a rule or a in excess of 90 percent of our GDP, our allow us to continue to spend billions statute that says we are not going to debt. What did they tell us? We are of dollars on things that we should not struggling with a recession. We are try- steal from our children anymore, and every time something comes up we be spending it on because, basically, we ing to come out of a recession. They steal from our children? It is a farce. It lack courage. It is cowardice. told us with that much debt, it is sup- I am committed not just to Madeline. is meaningless. That is why we didn’t pressing the growth of our economy by This doesn’t have anything to do with vote for it, because it was just a cha- 1 percent a year. One percent a year is the Republican or Democratic Party. It rade to tell the American people some- $170 billion in productivity and eco- has to do with the survival of our coun- body was doing something they actu- nomic activity that didn’t happen. If try as we know it. ally weren’t. we calculate that in terms of jobs, that The proof is in the pudding. Then we Yet we continuously hear: No, we is about 3 million jobs that are not borrowed $59 billion on May 27. Now we can’t. We can’t do this. We can’t do going to be created next year because have a bill out here on June 17 that is this. We can’t get rid of the easy things Congresses before us and this one as going to borrow another $50 billion. to get rid of because somebody well well have refused to live within their How valuable are the lives of our chil- heeled or somebody well connected means. dren that we would steal opportunity? somewhere doesn’t want us to. So who We have, in terms of Washington, a That sounds like a fallacious claim. It runs the country? Do the people of this relatively small bill now, $100 billion is not. country control us or is it the well plus. It was pulled from the floor to I want you to meet Madeline. Mad- heeled or the well connected or those make it smaller—not to pay for a sig- eline is a little girl. I saw this on the who will be advantaged by us con- nificant amount more, just to make it Internet. I actually got to meet her. tinuing to waste money? smaller—when, in fact, what the Amer- Her sign actually said $37,000 6 months Is it a fact that we spent $6 billion ican people want us to do is find some- ago. In the last 6 months, she has gone over the last 5 years paying perform- thing within the Federal Government from owing $37,000, every individual, ance bonuses to companies that con- that doesn’t make sense, don’t borrow man, woman and child in this country, tract with the Federal Government on it from our children, do the hard work to owing $42,000. What is her life worth? performance they didn’t earn, and we of finding what is not working here. What is the opportunity for her worth? will not pass a law in a bill that says We are going to have a cloture vote Are children just a toy, or do we owe it they can’t do that anymore? Who is on this legislation. My hope is, unless to them, based on what has been given getting that money? Whose palms are we change this bill, that this bill does to us, to create opportunity and a we greasing? The fact is, we will not not proceed until we accede to the de- chance for a better life for the vote that out of here and say it isn’t mands of the American public. It is Madelines of this country? going to happen anymore. You are ei- simple: Congress, start living like we The problem is, as we are set up right ther going to perform under your con- are living. Start making the hard now, 9 years from now, that number is tract or you are going to lose the con- choices. When you have a limited budg- going to be $187,000 per man, woman, tract, and we are not going to give you et, do what is most important first. Do and child. In 25 years, if we don’t bonuses for not performing. Yet three what is least important last. Get rid of change what we are doing—and we will times the Senate has voted that down. waste, get rid of things that should change because the world financial Who benefits? It certainly isn’t the have been gotten rid of a long time ago community will quit loaning us average American. It is some corporate and do what is best for the future. money—it will be over $1 million. client somewhere who has too good of a We are not doing that with this bill, Put your calculator on for a minute sweetheart deal contracting with the and we can’t get anybody to debate on and calculate 6 percent of 1 million. Federal Government and has allies

VerDate Mar 15 2010 02:18 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G17JN6.079 S17JNPT1 smartinez on DSKB9S0YB1PROD with SENATE June 17, 2010 CONGRESSIONAL RECORD — SENATE S5091 within the Congress who say: We will ready doing, so we author a bill. Be- Congress. There should not be a bill protect you on the basis of having cause nobody wants to keep food away that comes before Congress that we do helped them in a campaign before. Do from the hungry, we pass a bill, not not adequately and accurately know we want a future or do we want well- knowing that we already have 69 other what it is designed to do. Have a meas- heeled buddies for the short term when programs. That happens time after urement on it so we know it did what it all collapses around us? time after time, still today, because we we designed it to do, know what it is What we are is addicted to bad behav- do not know what we have. going to cost, and then force ourselves ior. We are addicted to spending money In math, engineering, science, and to evaluate it. that we don’t have on things we don’t technology, which is where we would This is the 111th Congress. In the need. We are addicted to not con- like for lots of our young people to go, 109th Congress, I held 47 oversight fronting the very real problems in the we have documented 105 different pro- hearings. That was more oversight government. Again, it is not President grams that are funded by the Federal hearings than the entire rest of the Obama or President Bush’s fault. Con- Government to incentivize our young Senate combined. You see, we do not gress has that responsibility. We reject people to go into those areas in eight want to do the oversight because it is our responsibility. We have abandoned different government agencies, eight hard work and you do not get great our responsibility and, with that, our different government Departments. press clippings. It does not help your integrity by not doing what we should Not the Department of Education— campaign, your political career. But we do. some of them are in there—but in were not sent up here for a political ca- As a physician, I know what addict- every area. Why? Yet we do not want reer. We were sent here to do the best, ive behaviors are all about. What do we to do the hard work of eliminating right thing for the country as a whole. need to do? One of the things President those. Most of the problems we are seeing Obama wants us to do that we refuse to Let’s identify the 105, and let’s cut it are parochial in nature, where we have do is to end no-bid contracts. Let’s end to one. Let’s put metrics on it. Let’s concentrated on what is best for our the sweetheart deals. Let’s get rid of have just one set of overhead. Let’s ac- State at the expense of what is best for the no-bid contracts that the well con- complish that. our country. I would posit that my nected, well heeled get to have at a We have added 160,000 Federal em- State, Oklahoma, and the Presiding Of- ployees in the last 16 months. Every higher price than what we would pay if ficer’s State cannot be healthy if the business I know out there is doing we competitively bid it. Why don’t we country is not healthy. They cannot more with less. That is not a denigra- do that? That has been voted down by be. Yet when our focus becomes more tion to our Federal employees. It is this body as well twice; we can’t do parochial than national, we actually embracing reality that we cannot con- that; we have to protect our friends; we undermine our future as a country. tinue to add Federal employees. We are more interested in protecting our No. 8, require the Congress to justify cannot afford the government we have. friends than we are in saving the coun- the creation of new government pro- Forty-three cents out of every dollar try. Eliminate bonuses to contractors, grams that duplicate existing ones. I the Federal Government spends today I talked about that. Determine the am notorious for not letting bills get is borrowed from China or Russia or total number, cost, and purpose of to the floor because they duplicate countries with sovereign bank ac- every Federal program. The Govern- something that has already been done. counts, many of which would like to ment Accountability Office can’t give We have created a new program, but we see us end. Can we continue to do that? us that number. It is too big. The Con- did not eliminate the old one, so now Can we continue to have 40 percent of we have both of them running. I usu- gressional Research Service can’t tell everything we are spending borrowed? us all the government programs, what What we do know is, necessity be- ally get beat. I usually get rolled with their cost and what their purpose is. comes the mother of invention, and if 60 votes and we create the new pro- We did get through, late last year, an we put the clamps and the brakes on gram. But we never eliminated the one amendment that is going to force the both the growth and the size and the that was not working, and we never Government Accountability Office to total amount the government spends, changed the one that was not working. tell us. Do you know how long it will we will get more for the same So we just create another program. take them to tell us? Three years. That amount—but not until we try, not Mandate that Congress has to do is how big the problem is. With all until we mandate it has to happen. oversight—has to do it. It must do their resources, it is still going to take Limit the overhead costs of the Fed- oversight. We can do that by changing them 3 years to tell us all the govern- eral programs. The overhead and the our rules. But we do not have any in- ment programs. layers of duplication are unbelievable. terest in changing our rules. It is easi- What do we know that I found out A tremendous amount of savings can er to coast and not do the hard job of and my staff has found out in research- be done. I just visited with a three-star oversight. ing this over the last 51⁄2 years? We general who is working inside the Pen- I will just finish up. have identified at least 640 different tagon. One of the areas where I want to One of the things I have thought areas where there are more than five see us eliminate $50 billion a year in about—I am not sure it will be helpful, programs that have the same goal run spending is inside the Pentagon be- but right now in the trouble we are in, by different agencies in the Federal cause they have that much waste. They everybody who walks through this Cap- Government. are going through a process now to itol ought to be informed of how much We know, for example, right now look at where they have redundancy. debt we owe and what it is per person. some American people are struggling Do you know what. They are finding it We ought to have that. It is in my of- and a lot of people are actually having everywhere. But the Pentagon is so fice. If you walk by—the Rules Com- trouble getting enough food. So we big, unless you look for it you are mittee will not let me put it in the have to guess how many programs to never going to see it. hall; they say it does not look profes- help feed those people who are needing So we now have the military starting sional—I have a computer screen food? Across six different Departments, to do what they finally need to do. where, if you walk by my office, you we have 70 government programs. Not They have never done it before—start- can see the national debt clock tick- one of them has a metric on it to say: ing to look at redundancy, starting to ing. Your eyes will roll as fast as it is Are you effective? How do you measure look at good management, best prac- coming up. Remember, we are bor- your effectiveness? But we have 70 sets tices, to create efficiencies so more rowing about $4 million a second. That of overhead in the Federal Government dollars can defend us and less dollars is how fast it is going up. to do exactly the same thing. will be spent on overhead. We need to So, anyhow, there are a lot of things You may say, How in the world did do that government-wide, but espe- we can do to stop the addiction. that happen? I will tell you how it hap- cially in the Pentagon because it is our I see the Senator from Georgia. pens. Some constituent comes up here greatest discretionary cost with the ex- I ask the Senator, did you want to and says: Here is a problem. Oh, yes, it ception of interest. have some time? I will be happy to is a problem. We do not research it to Disclose the cost, purpose, and text yield to you if you would yield back to see what the Federal Government is al- of legislation that is considered by me.

VerDate Mar 15 2010 02:18 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G17JN6.080 S17JNPT1 smartinez on DSKB9S0YB1PROD with SENATE S5092 CONGRESSIONAL RECORD — SENATE June 17, 2010 The PRESIDING OFFICER. The Sen- setting your priorities to live within tion of this amendment would require ator from Georgia. your means. public disclosure of the amount of any Mr. ISAKSON. Madam President, I I just want to commend the Senator new borrowing or spending approved by thank the Senator from Oklahoma for from Oklahoma because his examples the Senate. In other words, it is about yielding. I will be brief. about accountability for expenditures, transparency. It is about letting the But I spend a lot of time, as all of us doing away with redundancy and all American people hold us accountable. do, listening to the speeches of our col- those things—yes, that is hard to do, It means that on the Senate Web site, leagues. I spend a lot of time thinking and, yes, it is tedious to do, and, yes, it after we make new spending decisions about what they say. I was compelled is more fun to talk about other things, and borrowing decisions, we have to to come to the floor, as I heard the but that is what Americans are having publicize it so the American people can opening remarks by the Senator from to do, and they are having to do it big see it, rather than hide behind it. It is Oklahoma, to tell a little story. time right now. simple. There is no score for it on sav- Talking about grandchildren, my So I just could not help but come to ings. I guarantee it will save money, wife and I are blessed. We have nine of the floor, having just celebrated my because if we know the American peo- them. This past Tuesday, June 15, was 42nd wedding anniversary. Well, I did ple are going to know what the finan- our 42nd wedding anniversary. Really, not get to celebrate it because I was cial consequences are of what we do the rest of my life is about those here and she was in Marietta, but we with every vote, it is going to change grandchildren, to whatever extent I are going to celebrate it this weekend. some votes around here. can do it, either as a grandfather or a Thinking about my nine grandchildren The other question we ought to be legislator, trying to make sure we and thinking about the challenges of asking is why shouldn’t they know leave them a life that at least has the the debt that is rising and the increase what we are doing and the ramifica- hope of opportunity as great as was left that is just in this bill alone—as well tions of it. It is pretty simple. It is to all of us by the generations who pre- as some of the pay-fors in this bill, pretty straightforward. I have told the ceded us. which actually are going to stunt Rules Committee that I would pay out A few weeks ago, in Albany, GA—ac- growth even worse, like carried inter- of my personal office budget the cost of tually a few months ago—I was making est—I thought I would just come and that program. In other words, I would a speech, as all of us do, and used ‘‘a commend the Senator from Oklahoma turn back over $500,000 every year. I trillion’’ as easily as all of us do in our on being right on point. will pay for it out of my budget and speeches. After my speech, I opened the We all might have different opinions make sure that is available, so there is floor for questions, and a gentleman at of what ought to be cut and what ought no cost to it whatsoever. I will pay for the back of the room said: I just can’t to be moved and what ought to be re- it out of my budget, out of my office, quite get my hands on how much a tril- moved from being redundant, but we so it doesn’t cost us anything. But it lion really is. Can you explain it? ought to be at the table figuring out gives the transparency the President I was up there doing the best I could. what those should be, making agree- and I worked on in this body, and he I got the number of zeroes past a bil- ments we can live with, and making wants to see from this body, and it lion, and all this. But I could not quan- the future for our grandchildren at makes it available to the American tify it to magnify the gravity of what least as bright, as prosperous, and as people. So we are going to get a vote on that number means. free as the one our parents left to us. that. So when I got home that night, my I yield back to the Senator from It is important to know that with wife of 42 years suggested: Why don’t Oklahoma. this bill, if it passes, we will have bor- The PRESIDING OFFICER. The Sen- you just figure out how many years rowed 59 plus 20, that is 79; 89, 97, 143, ator from Oklahoma. have to go by for a trillion seconds to Mr. COBURN. Madam President, I 513, 252, plus 50—$302 billion since Feb- pass? I said: You know, that is a good thank the Senator from Georgia. It ruary 14, outside of the budget. That is idea. Everybody would understand does not matter if you are a Democrat outside of the budget. Now, $300 billion that. or Republican, liberal or conservative will run Oklahoma for 40 years. We So I got the calculator out and mul- or Independent, what your faith is, could run the whole State of Oklahoma tiplied 60 times 60 to get how many sec- what your sexual orientation is: Out of for 40 years on what we have spent in 6 onds are in an hour, 3,600; multiplied many one. But if we are not careful, months. So why shouldn’t we let the that by 24 to get how many seconds are that one is going to fall based on what American people see what we are in a day; multiplied that by 365 to get we do, and the debt affects a liberal as doing, since it is going to cost nothing, how many seconds are in a year. Then much as it affects a conservative. It and it is transparency, so they can hold I divided that into 1 trillion. The an- steals opportunity from liberal chil- us accountable? Why should we not do swer is it would take 31,709 years for 1 dren as much as it does conservative that? trillion seconds to go by. The second thing that is important is children. We have to come to a point Thursday, 2 weeks ago, our debt went in the last year, we have markedly in- where we say: Enough is enough. above $13 trillion. So you can take that I was just thinking, as the Senator creased—not counting the stimulus and multiply 13 times 31,709 and see talked, the $50 billion we are going to bill—the discretionary spending of the how big that obligation is. If you borrow from our kids with this bill, it Federal Government. We didn’t leave spread it over a lot of people, you can would run the government of the entire ourselves out on that. Inflation was reduce the number down to an amount State of Oklahoma for 8 years—every nothing, but we increased our own that does not seem as big, but we are branch, every employee, pay all the budget by 4.8 percent. So the other one country. It is our debt. To pay it costs, build all the highways, do every- component of one of these amendments off we do one of either three things: We thing we do for 8 years, just on what we is that 4.8 percent, I say we give $100 inflate the dollar to a value that is so are going to borrow. million of it back, which would be a cheap that what everybody has is When you start putting it down into, third of that. That means we still get worthless, and you pay off the debt how much is $50 billion?—we throw three times what the rest of the coun- with cheap dollars, but you destroy away billions like they were pennies try got in terms of an increase, but it your country or you can just look the here. shows at least we are willing to let— other way and say: Well, maybe nobody And how many years for a trillion and if anybody ran their office with else will care. Maybe they will still buy seconds? any appropriateness, they would have a our debt. We are going to keep spend- Mr. ISAKSON. That is 31,709 years. surplus as well every year. So it is not ing, which is kind of what appears to Mr. COBURN. That is 31,709 years. So a hard cut, but it is important, since be happening now or you can do what we are going to have a $1.6 trillion def- we gave ourselves a budget increase, American families have been doing all icit this year. Well, that is 50,000 years that we demonstrate to the American their lives, but in particular the last 18 of seconds. Just this year, it is 50,000 people we are serious about doing it. to 24 months: you sit around the kitch- years of seconds. Vote against it and say you don’t think en table—and in this case we sit around Let me go into the amendment a lit- so or vote for it and let’s put it in this the conference table—and you start tle bit and talk about it. The first sec- bill. Let’s start showing the American

VerDate Mar 15 2010 02:18 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\G17JN6.081 S17JNPT1 smartinez on DSKB9S0YB1PROD with SENATE June 17, 2010 CONGRESSIONAL RECORD — SENATE S5093 people we get it. We will do the right, Government bonds, they are going to the Federal Government. We have ex- best thing for the country in the long be downgraded from AAA to AA. That amples of it right here. Every day, we term. is a big downgrade. We have never had put a Calendar of Business out, we put I have occasional conversations with an AA rating. So all of a sudden, the an Executive Calendar out, and we pub- the President, and one of the things he world rating system is going to say lish the CONGRESSIONAL RECORD, and has told his administration to do, and that maybe an investment in our prod- we print hundreds of thousands of cop- we heard it flatly rejected—not just re- uct, our dollars, is not what it should ies. You know what. It is all on line. jected but flatly rejected on the basis be. We can save $4 billion over the next 10 of a lack of knowledge by the chairman We need to make sure that doesn’t years by printing limited amounts of of the Finance Committee. He has told happen. We need to make sure we have things we need and not printing some every agency to find 5 percent in cuts. sent a signal to the world. When we things everybody else has access to on Those are the instructions he has sent start doing things where we are paying a computer. Why would we not do that? out to the head of every agency. Why for new things by cutting lower pri- Why would we not cap our printing has he done that? Because he knows we ority items, we send that signal. We costs? Think of the thousands of acres have to. This portion of the amend- build that confidence back. When we of trees we can save every year. What ment says that is exactly what we are start paying for new bills and the ex- we know is every year, Federal employ- going to do. We are going to cut 5 per- tensions of benefits, we extend that ees, through our direction, spend $1.3 cent of the discretionary spending of back up. billion on printing. The analysis by every branch of government save De- We are going to hear—actually, we GAO says $440 million of that is unnec- fense and Veterans. Some would say, won’t hear, because we won’t hear any- essary. So over 10 years, that is $4.4 bil- Well, that is 1⁄20th of the budget. Yes, it body come out and debate against lion. That is $4.4 billion that we won’t is. But when you look at it in light of these things. What they will choose to take from Madeline. Madeline and her the size of the agencies today, in the do is to ignore them and then vote other 3- and 4-year-olds won’t have to last 10 years they are twice as big as against them. So the American people pay it back. Remember, they won’t be they were 10 years ago. They have won’t hear a legitimate debate on why paying $4.4 billion back; they will be grown by an average of 10 percent per we shouldn’t cut 5 percent across the paying the compounded interest that year and we can’t find 5 percent or one- board, letting them decide what areas will double that debt in 10, 12 years. In fifth of the growth they have had over are most important and recommending 20 years, it will triple it. In 30, it will the last 10 years that can be done more them to us; we won’t have a debate. We quadruple it. So they won’t be paying efficiently or as a lower priority or not won’t debate, and then we will kill it, $4.4 billion back, they will be paying as important? We can’t find that? Yet, thinking it will go away. Well, the $20 billion back. Why would we not do as the Senator from Georgia said, al- American people have gotten that al- that? Why would we not make this de- most every family in this country is ready. That is not acceptable to the cision to do that? It has been rejected having to do that. We refuse to man- American people. If you think we by this body in the past. date that the Federal Government get shouldn’t cut spending in the Federal Before the Bush administration left, on a diet, do things more efficiently, Government, come out here and defend I was working with them on unused more effectively; take another look to it. Come out here and give us a philo- Federal real property. We have bil- see if it can be done a different way. It sophical, logical reason why we ought lions, if not hundreds of billions, in un- is called productivity increases. We can to continue to steal from our children derutilized Federal property owned by get that. and grandchildren. We won’t see that. the taxpayers. We won’t ever get it if we don’t ask We won’t see a strong debate against We spend $8 billion a year maintain- for it. It is not a hard concept. We can each of the points I am going to make ing buildings we are not using. Think do that. We allow the agencies to make associated with this amendment. The about that. We are spending $8 billion a those recommendations, and that is real question ought to be: Why? Be- year maintaining buildings we are not one of the things President Obama has cause it is indefensible to vote against using. But we can’t sell them because already asked all of his agencies to do, it. That is why. You cannot see the there is a little bill called the McKin- to go find that 5 percent. That sends a waste, fraud, abuse, and duplication in ney-Vento Act that says every used wonderful signal to the American peo- this government and not say we can do building in the Federal Government ple that we get it. better. has to be offered as a homeless shelter It does something else that is impor- Section 4 of the amendment elimi- first—even if it is an airplane hangar tant, and so will the defeat of this bill, nates nonessential government travel. on a closed military base. and if we pass it with it being paid for. Do my colleagues realize that almost We created a bureaucracy nightmare Right now in this country the value of every government office now has audio- that doesn’t allow us to do that. Con- our dollar is pretty good. The reason it visual equipment for the ability to sequently, we could take a tenth of the is good is because people are worried carry on a teleconference anywhere in $8 billion we are spending and appro- about Japan and the value of the yen, this country and overseas? Yet, last priate that directly to the homeless and they are significantly worried year, we spent—no, 2 years ago we and save $7.2 billion a year. But this about the Euro because of what is hap- spent—the data is behind—we spent body has rejected that as well. They pening to Greece and now what is get- $13.8 billion on airline tickets and ho- voted it down. They didn’t give a rea- ting ready to happen to Spain. So tels for Federal Government employees son, they just voted it down. We have money is rushing in. Smart money of which over half was nonessential. In 46,745 underutilized properties, 18,849 around the world in these other econo- 2006, $3.3 billion was spent on airfare. properties we are not using at all, and mies is rushing to hide in dollars. In In 2007, $3.5 billion was spent on air- a total of 65,000 properties we are not about 2 years from now, that money is fare. In 2008, $4 billion was spent on air- utilizing with an estimated value of $83 going to be sucked back out of here, be- fare. We can’t get the numbers for 2009 billion. That’s $83 billion of property cause those economies will have made yet. Hotel rooms, $2.3 billion, up to $2.5 you are paying the maintenance on the hard choices of austerity with billion. Car rentals, from $423 million that we are not using, that we could which to restabilize the Euro or their to $437 million. Most of this can be sell and pay for almost all of this bill. currencies. They will have done it. done by teleconferencing. Why But we won’t do it. What we need to send to the inter- wouldn’t we say at a time when we are Of course, we don’t buy many prop- national finance market is a signal borrowing $1.6 trillion from our kids erties anymore. The reason for that is that says we too are way overextended that maybe we ought to teleconference because of the way our budget scoring and we are going to start making the rather than get on an airplane? I can is, even though it would be smarter to appropriate choices to secure our fi- tell you it is a whole lot easier than buy it because the total cost of the nancial future. traveling 1,600 miles twice a week. So building is charged to the agency in It was 2 months ago that Moody’s put what does this do? It saves us money. the year in which the building is com- a notice out that said if things don’t One of my favorite ways of saving pleted. None of the agencies are buying happen and start to change with U.S. money is to cap the printing costs in buildings anymore, they are renting

VerDate Mar 15 2010 04:17 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\G17JN6.083 S17JNPT1 smartinez on DSKB9S0YB1PROD with SENATE S5094 CONGRESSIONAL RECORD — SENATE June 17, 2010 them. We should not be renting the The other thing is, if you look at the send to people: We are all paying taxes, first building. We should be getting rid process over the last few years on Fed- and you ought to, too, since you make of the $85 billion worth of buildings we eral employees—and I will say it 11⁄2 times what the average person in don’t need and buying a building, be- again—I will discuss the fact that this country makes. cause you can own a building a lot those of us who think we are in a crisis We talked earlier about section 11. It cheaper than renting one—maybe not moment in our country and feel we eliminates the awarding of bonuses to last year, but commercial rates are ought to be making tough choices government contractors when they coming back up. Yet we don’t do it. would say we ought to freeze total sal- have unsatisfactory performance. That Since 2005, out of this $85 billion, be- ary costs. That is not a salary freeze is a no-brainer. Nobody in the private cause of the bureaucratic nightmare of per individual. That is just saying that sector is going to give a bonus to some- steps you have to go through, we have in this department, this agency, here is body who isn’t performing. But the only sold $2.5 billion worth of an $85 how much you are going to spend on Federal Government does it all the billion portfolio. None of you would do salaries, and we are not going to go up time. We need to statutorily say you that with your own property. If you this year. We are not going to raise the cannot do that anymore. had property out there that you owned, total amount we spend on salaries this We now know that we spent $6.2 bil- and you were spending 10 percent of the year. That still allows every manager lion at the United Nations last year. value of that property every year great flexibility. You can promote and We have no transparency from them on maintaining it, and you weren’t uti- give raises to people who are per- how our money was spent. We know we lizing it, and you had an opportunity to forming. But you can’t increase the account for 25 percent of their regular sell it, you would sell it. Not the Fed- total amount of money. budget and 26 percent of the peace- eral Government. We ought to be ask- Why is that important? There is an keeping budget. We did get a little ing why. Who took a stupid pill to say article in today’s paper that OPM is piece that leaked data on an audit. We not to do that? starting to look at it. We looked at it, know that nearly 40 percent of the Some of the properties are not of any and here is what we know: In 1999, the money spent on peacekeeping is de- value, so we ought to demolish them, average Federal salary was $49,536. It is frauded. Our voluntary additional con- because it costs less to do that than to now $78,806. Inflation during that pe- tributions to the U.N. were $1.3 billion maintain them. I will give you a run- riod of time averaged 2.4 percent. Sal- last year. down on some of them. On the build- ary increases during that period of All this amendment says is, don’t ings we now have, which we are uti- time averaged 4 percent—11⁄2 times the give more than a billion to an incom- lizing, we have a maintenance backlog rate of private pay increases in this petent organization where we cannot of $35.5 billion. We are spending money country. find out where they are spending our on buildings we don’t want, maintain- What happened to benefits? Average taxpayer money. It is a ridiculous com- ing them, but we can’t take care of the personnel benefit per Federal employee mitment. Why would we even let them buildings we have because we don’t is nearing $40,000 per year. Depending have a billion? At least save $3 billion have enough money because we are on how much you make, that may a year over the next 10 years, but by spending it on buildings we don’t use. seem like a lot, or not, but when you not allowing that to go forward. Section 7 provides that the Depart- look at the average private sector pay, I want to talk about one other thing ment of Defense would auction new, it is $42,000. It is $36,000 less than the I think is important that most of this unused, or excellent condition excess average Federal employee is paid. I body has voted against several times. inventory to the highest bidder, rather don’t want Federal employees to get a We have $1.7 trillion sitting in the than transferring it at no cost to State cut. I just don’t think we ought to in- bank—money that the Congress has ap- agencies and others. You buy tons of crease them at a time when most peo- propriated to be spent in outyears. Al- stuff every year through the Defense ple aren’t getting pay increases. I don’t most $700 billion of that has not been Department that they don’t need. As a think we ought to increase Federal obligated for anything. Yet we have T- matter of fact, they don’t even know pay. bonds and T-bills we are paying inter- what they have. It is sitting in ware- The benefit differential is even more est on while that sits over there. houses around the country. And what stark. The average for benefits for the Prudent management would say that do we do when we figure out we don’t average person in this country, who rather than borrow more money, you need it? We give it away. When we are doesn’t work for the Federal Govern- would use money from the bank ac- $13.2 trillion in debt, it is time to stop ment, is $20,000 per year. So we have al- count you already have. So this por- giving it away. It is time to get some most twice as rich a benefit, or 11⁄2 to tion of the amendment takes $50 billion value for the American taxpayers who 2 times as rich a benefit for Federal out of that $700 billion. We ought to paid retail price for that and turn employees as everybody else in the eliminate it all, if it is unobligated. I around and sell it. It has been voted on country who is employed. I am not say- recognize they have to have some before and rejected. ing cut them. I am saying for 1 year movement back and forth, but they I mentioned in my opening words let’s not let it increase. Let’s do right will never notice that $50 billion that about capping the total number of Fed- by the American people, who are strug- isn’t in the unobligated balances, and eral employees this year. That is called gling, and let’s do right by the grand- when that expenditure comes, we can a hiring freeze. But it is not a hiring children and young children in our appropriate money for it. We are let- freeze because if you have retirements, country by putting some common ting money sit idle while we borrow ad- you can replace them. We added 160,000 sense into what is allowable, given that ditional money to do additional things. Federal employees in the last 16 we are in a time of crisis. We voted on This simply says that we move $50 bil- months. We have only have an increase that before. It failed. lion out of that. in net new jobs of about 450,000. Almost Federal employees also have, unpaid Section 18 is about getting energy ef- 50 percent of the net new jobs have to the Federal Government, $3 billion ficiency at the Department of Energy. been Federal jobs—at a time when our in back taxes, and that is not under Section 19—I talked to one of the deficit is going to be one of the highest dispute. Federal employees, who aver- Senators from California on this on record. age $78,000 a year, owe the Federal Gov- amendment. I am not opposed to fixing I say time out. I say do it with whom ernment $3 billion. I say they ought to the problems with Medicare, the statis- you have. If you have retirements, or be paying that. I say it ought to be tical inaccuracies in their payments, people who leave, replace them, but coming out of their wages. It is time to but I am opposed to not fixing it for don’t increase the numbers anymore. not allow that as a condition of your the five other States that have it as Those numbers don’t include the cen- employment anymore. It seems uncon- well. sus of 441,000 temporary workers we scionable to me that you cannot pay It is unfair to take the State of Cali- have hired and will go away. How else your taxes, when you make $78,000 a fornia when the States of Georgia, Min- are we going to get our budget under year, and we are not going to force you nesota, Ohio, and Virginia all have ex- control if we don’t do it in terms of to pay them. So it is a $3 billion sav- actly the same problem. Yet in this personnel? ings, but it is an important signal to bill, as we heard Senator GRASSLEY say

VerDate Mar 15 2010 02:18 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\G17JN6.084 S17JNPT1 smartinez on DSKB9S0YB1PROD with SENATE June 17, 2010 CONGRESSIONAL RECORD — SENATE S5095 earlier, we only fixed one of the States. tention of our country. There is a the Coast Guard. We will make sure That is called an earmark. There is minor point, one that I think needs to there is a clearinghouse for them, but nothing wrong with fixing it for Cali- be addressed right now, and that is the we should not be waiting to have three fornia, but there is plenty wrong with Jones Act. different Federal agencies look at a fixing it for California but not fixing it The Jones Act was put in place in Jones Act waiver request when we for these other four States. If it is 1920 to ensure that the United States know what is happening in the Gulf of something that needs to be fixed, why was able to maintain a fleet of mer- Mexico. We see the pictures every day. would we advantage California over chant ships. It was really for protec- This waiver would be applied for a pe- these other States? It is called favor- tion of U.S.-flagged carriers against riod of time that is necessary to re- itism. It is called exceptionalism. It competition from foreign carriers that spond to this oilspill and restore the says that the citizens of California are might undercut our ability to have waters of the Gulf of Mexico during worth more in this country than the profitable merchant ships. this emergency. citizens in Ohio and Georgia and Vir- The Jones Act is currently pre- The Federal response to this spill has ginia and Michigan. They are not. If it venting resources, however, from being been a little short of immediate. It has is a problem that needs to be ad- used in the massive cleanup in the Gulf been a day late and a dollar short, and dressed, let’s address the whole prob- of Mexico. This legislation that has that is not acceptable. It is time that lem. been on the books since 1920 is hin- Congress does what we can with the re- Why did they not address the whole dering foreign vessels from assisting sources we have to urge the adminis- problem? Because it would have cost gulf communities as they work to pre- tration to act while it can to mitigate more money. We are going to borrow vent oil from reaching their shores. the damages we know are already $400 million per year to fix it in Cali- Currently, foreign vessels need to ob- there. It is time for us to be proactive. fornia, and that is OK but it is not OK tain a Jones Act waiver from the Fed- It is time for us to act. to fix it in the other States. That is in- eral Government in order to help with I look forward to having cosponsors. herently unfair, it borders on the un- the cleanup efforts. For many of the I am in the process of getting this bill ethical, and it is exactly the type of vessels wishing to respond, this request in order now. I want to work with my thing the American people reject. If needs to be reviewed by three separate colleagues on both sides of the aisle. there is a problem, fix it for everybody. agencies—the Coast Guard, the Mari- Our Gulf States have a bipartisan sen- Do not single out one group of people time Administration, and Customs and atorial delegation. I want to help to do at the expense of the rest of Ameri- Border Protection. That is three layers everything possible. If we can waive cans. of bureaucracy when time is of the es- the Jones Act for this disaster with all Finally, this amendment eliminates sence. During this crisis, we need to of the appropriate cautions that are all tax increases in this bill. The last cut through the redtape. We must get necessary and get those foreign ships thing we need to be doing right now is all available assets on the scene as that are ready to help our country, decreasing capital formation in this quickly as possible. I think everyone that have offered to help our country, country, decreasing the ability to in- agrees. to get into the 3-mile limit before this vest in new ideas, decreasing the capa- Other countries have offered their oil does further damage to our coast bility of small businesses, which this services. They have offered to help. and to the wildlife and to the natural bill goes after in terms of their sub- There are European countries that also resources on our coast, we need to do chapter S status, and making it more drill in the oceans and waters on their it. This is something that should have expensive to start a new business or shores, and they have offered to send been done weeks ago. It was not done. keep one running when 70 percent of ships to help to try to absorb the oil It is time for Congress to step in. I the jobs that are created in this coun- and skim it off. There are volunteers hope my colleagues will help us move try—and we are hurting for jobs—are waiting with the right equipment, and this legislation expeditiously and urge created by small businesses. they are willing to come to our aid. We the administration to do what is with- This amendment has 20 segments, should know that with oil leaking from in their realm, even before Congress and we are going to have 20 votes. We the ocean’s floor, the natural resources acts. That would be my wish. If the are going to see where this body lines of the gulf are being destroyed as we President would issue an Executive up on these issues. Vote against com- speak. We need every resource at our order, that would do it. But since he mon sense at your peril. Vote against disposal to prevent further destruction. has not and since weeks have passed, it the future of our country. Vote against In my State of Texas, I have a con- is time for Congress to take the reins Madeline and everybody else like her. stituent who would like to provide and try to do everything that is within Vote to increase the debt even higher. equipment to aid in the cleanup—his our power to mitigate the damage to Vote to increase the size of the Federal ship has a foreign flag—but he is un- the Gulf of Mexico. Government. Vote to undo pay-go able to help because no waiver has been Mr. President, I yield the floor and again. Continue doing what we are issued to the Jones Act in this par- suggest the absence of a quorum. doing, and what we will see is the ticular crisis. The PRESIDING OFFICER. The American people are going to reject There is precedent for waiving the clerk will call the roll. that. They are rejecting it now. It is Jones Act in disasters. It has been The assistant editor of the Daily Di- high time we started listening to the waived to speed up disaster responses gest proceeded to call the roll. American people. in the past, including a waiver that Mr. REID. I ask unanimous consent I yield the floor and suggest the ab- was issued in the aftermath of Hurri- that the order for the quorum call be sence of a quorum. cane Katrina nearly 5 years ago. It was rescinded. The PRESIDING OFFICER (Mr. done by the Executive with an Execu- The PRESIDING OFFICER. Without BURRIS). The clerk will call the roll. tive order. objection, it is so ordered. The assistant editor of the Daily Di- Without this key waiver, foreign ves- Mr. REID. Mr. President, I ask unan- gest proceeded to call the roll. sels are prohibited from working with imous consent that the vote on the mo- Mrs. HUTCHISON. Mr. President, I their American counterparts to skim tion to invoke cloture on the Baucus ask unanimous consent that the order the oils from the water of the gulf motion to concur in the House amend- for the quorum call be rescinded. within 3 miles of shore. Of course, that ment to the Senate amendment to H.R. The PRESIDING OFFICER. Without is where we desperately need to have 4213 with amendment No. 4369 occur at objection, it is so ordered. the most help to skim the oil before it 7:30 p.m. this evening. Mrs. HUTCHISON. Mr. President, I reaches and damages our shores. The PRESIDING OFFICER. Without ask to speak as in morning business. That is why next week I intend to in- objection, it is so ordered. The PRESIDING OFFICER. Without troduce legislation that will waive the Mr. BAUCUS. Mr. President, I ask objection, it is so ordered. Jones Act for vessels whose sole intent unanimous consent that my motion to Mrs. HUTCHISON. Mr. President, I is to assist in the cleanup of the Gulf of concur in the House amendment to the wish to talk about the oilspill that is Mexico. We will ensure these foreign Senate amendment to H.R. 4213 with an absorbing so much of the time and at- ships will work under the auspices of amendment be modified to provide for

VerDate Mar 15 2010 02:18 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\G17JN6.085 S17JNPT1 smartinez on DSKB9S0YB1PROD with SENATE S5096 CONGRESSIONAL RECORD — SENATE June 17, 2010 technical changes to my amendment Mr. KYL. The following Senators are is not a question of running up the which are at the desk. necessarily absent: the Senator from debt. The PRESIDING OFFICER. Is there South Carolina (Mr. GRAHAM), the Sen- My friends on the other side have the objection? ator from Missouri (Mr. BOND), and the opportunity to take care of the doctors Mr. MCCONNELL. Mr. President, I Senator from Kansas (Mr. ROBERTS). for the next 6 months, fully paid for. If will have to object simply because we The PRESIDING OFFICER. Are there not, there is going to be havoc in haven’t read it yet. We are going to any other Senators in the Chamber de- America starting tomorrow. take a look at it. Quite possibly, after siring to vote? The PRESIDING OFFICER. Is there figuring out what it is, we might not The result was announced—yeas 56, objection? object, but for the moment I object. nays 40, as follows: Mr. MCCONNELL. Mr. President, re- The PRESIDING OFFICER. Objec- serving the right to object, we just got [Rollcall Vote No. 194 Leg.] tion is heard. this a few moments ago. We are going Mr. BAUCUS. I renew the request and YEAS—56 to take a look at it. I think we are all let the leader reserve the right to ob- Akaka Franken Murray hoping we can come up with a way to ject again. The modification is to pro- Baucus Gillibrand Nelson (FL) do the so-called doc fix and in a paid- Bayh Hagan Pryor vide that the enterprise value, the good Begich Harkin Reed for fashion, but for today I object. will of a partnership interest which is Bennet Inouye Reid The PRESIDING OFFICER. Objec- sold, would be valued at 50 percent cap Bingaman Johnson Rockefeller tion is heard. gains, 50 percent ordinary income. Boxer Kaufman Sanders Mr. REID. Mr. President, I ask unan- Brown (OH) Kerry Schumer That is the provision those in the in- Burris Klobuchar imous consent that the Senate proceed Shaheen Cantwell Kohl to a bill to provide for an extension of dustry who cared about carried inter- Specter Cardin Landrieu est agreed to. That was the intent in Stabenow unemployment insurance provisions Carper Lautenberg the underlying substitute amendment. Casey Leahy Tester that are in this bill we just had a vote Unfortunately, when the amendment Conrad Levin Udall (CO) on, for an extension of unemployment was drafted, there was a glitch which Dodd Lincoln Udall (NM) insurance provisions; that the bill be Dorgan McCaskill Warner read the third time, passed, and the did not fully provide for what I just de- Durbin Menendez Webb scribed. It is my full intent for the sub- Feingold Merkley Whitehouse motion to reconsider be laid upon the stitute amendment to provide for what Feinstein Mikulski Wyden table; that statements relating to the matter be printed in the RECORD, as if I just stated; namely, that the good NAYS—40 will value, enterprise value of the sale read, with no further intervening ac- Alexander DeMint McCain tion or debate. of a partnership interest, be valued at Barrasso Ensign McConnell 50 percent cap gain and 50 percent ordi- Bennett Enzi Murkowski Mr. President, this is extending un- nary income. It is unfortunate that we Brown (MA) Grassley Nelson (NE) employment benefits for people who Brownback Gregg are unable to make that change. Risch have been out of work a long time. As Bunning Hatch Sessions Mr. MCCONNELL. Mr. President, I Burr Hutchison Mark Zandi, Senator MCCAIN’s chief Shelby economic adviser, says, nothing stimu- appreciate that explanation. As the Chambliss Inhofe Snowe Coburn Isakson chairman of the committee knows, we Thune lates the economy more than giving an Cochran Johanns Vitter unemployment check to somebody who still need to see the actual amendment, Collins Kyl Voinovich and we will take a look at it. Corker LeMieux has been unemployed for a long period Wicker CLOTURE MOTION Cornyn Lieberman of time. Crapo Lugar The PRESIDING OFFICER. Pursuant The PRESIDING OFFICER. Is there to rule XXII, the clerk will report the NOT VOTING—4 objection? Mr. MCCONNELL. Mr. President, we motion to invoke cloture. Bond Graham The assistant bill clerk read as fol- Byrd Roberts are still working together, on a bipar- tisan basis, to try to figure out how to lows: The PRESIDING OFFICER. On this go forward. For the moment, I object. CLOTURE MOTION vote, the yeas are 56, the nays are 40. Mr. REID. Mr. President, I ask unan- We, the undersigned Senators, in accord- Three-fifths of the Senators duly cho- imous consent that the Senate proceed ance with the provisions of rule XXII of the sen and sworn not having voted in the Standing Rules of the Senate, hereby move to the immediate consideration of a affirmative, the motion is rejected. bill—the provision in this bill we just to bring to a close debate on the motion to The majority leader is recognized. concur in the House amendment to the Sen- dealt with—to extend the temporary ate amendment to H.R. 4213, the American Mr. REID. Mr. President, I ask unan- increase of the Medicaid FMAP Workers, State, and Business Relief Act of imous consent that the Senate proceed through June 30, 2011; that the bill be 2010, with the Baucus amendment No. 4369. to Calendar No. 210, H.R. 3962, and that read the third time, passed, and the Harry Reid, Max Baucus, Patrick J. the Baucus substitute amendment, motion to reconsider be laid upon the Leahy, Jeanne Shaheen, Byron L. Dor- which is at the desk, be considered and table; that any statements relating to gan, Sherrod Brown, Edward E. Kauf- agreed to; that the bill, as amended, be man, Daniel K. Akaka, Christopher J. the matter be printed in the RECORD, as read the third time, passed, and the if read, with no further intervening ac- Dodd, Jeff Bingaman, Robert P. Casey, motion to reconsider be laid upon the Jr., Jack Reed, Barbara A. Mikulski, tion or debate. Roland W. Burris, Jon Tester, Daniel table; that any statements relating The PRESIDING OFFICER. Is there K. Inouye, Tom Harkin. thereto be printed in the RECORD, as if objection? The PRESIDING OFFICER. By unan- read, with no further intervening ac- Mr. MCCONNELL. Mr. President, this imous consent, the mandatory quorum tion or debate. issue is currently covered through the call has been waived. Mr. President, what this is, as of end of this calendar year. This matter The question is, Is it the sense of the Tuesday, the doctor fix—the reim- doesn’t have the urgency at the mo- Senate that debate on the motion to bursement for Medicare physicians— ment that some of the others arguably concur with amendment No. 4369 to the expired. The administration was able do. We still have 6 months to address House amendment to the Senate to—the Health and Human Services De- this issue. Therefore, for the moment, I amendment to H.R. 4213, the American partment—extend that for 3 days. It object. Workers, State, and Business Relief runs out, I think, tomorrow. It is still The PRESIDING OFFICER. Objec- Act of 2010, shall be brought to a close? good until tomorrow. So if we don’t do tion is heard. The yeas and nays are mandatory this, not only will doctors who take Mr. REID. Mr. President, here is one under the rule. The clerk will call the Medicare patients get a 21-percent cut, I hope we don’t have objection to. If roll. in addition to that, so will others that there were ever a bipartisan piece of The assistant legislative clerk called are based upon Medicare reimburse- legislation, this is it. This is legisla- the roll. ments—veterans, insurance companies, tion originally devised by the Senator Mr. DURBIN. I announce that the HMOs, even TRICARE and the mili- from Georgia, JOHNNY ISAKSON. It has Senator from West Virginia (Mr. BYRD) tary. It will be a shame if this weren’t been good for the economy—the first- is necessarily absent. agreed to. Remember, it is paid for. It time home buyers tax credit.

VerDate Mar 15 2010 02:18 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\G17JN6.086 S17JNPT1 smartinez on DSKB9S0YB1PROD with SENATE June 17, 2010 CONGRESSIONAL RECORD — SENATE S5097 Right now, there are hundreds of employment insurance, the doc fix, Senator THUNE’s amendment took the thousands of people who have qualified COBRA, flood insurance, and the exten- exact opposite approach to the Demo- for this first-time home buyers tax sion of the small business loan guar- cratic leadership’s substitute. It cuts credit. The problem is that the banks antee program, and the 2009 Federal taxes by $26 billion by extending cur- processing the paper are taking too poverty guidelines. rent law. It cut spending by over $100 long. If we don’t extend this time, they The PRESIDING OFFICER. Is there billion, and reduced the deficit by $68 will lose the opportunity to buy a objection? billion. Those are Congressional Budg- home for the first time. It is fully paid Mr. REID. Mr. President, reserving et Office, CBO, and Joint Committee on for. It passed by a large margin. It the right to object, how is it paid for, Taxation estimates. seems that we should at least get this I ask my friend? According to the Congressional Budg- done tonight. It would allow these pa- Mr. MCCONNELL. With stimulus et Office, CBO, the current version of pers to be processed. I cannot imagine money. the Democratic leadership’s extenders why something as bipartisan as this Mr. REID. That is what I thought. substitute would increase direct spend- should not go forward. First of all, that money is not there; it ing by about $105 billion through 2020 I ask unanimous consent that the Fi- is obligated. I also say this. The eco- and raise revenues by about $50 billion nance Committee be discharged from nomic recovery money—the stimulus over that period, resulting in a net def- H.R. 4994, and that the Senate proceed money—has created millions of jobs in icit increase of about $55 billion for the to its consideration; that the amend- America today—at least 3 million. But 2010–2020 period. ment we dealt with yesterday, the so- the best bang for the buck will come in The contrast couldn’t be clearer. The called Reid amendment, which is at the the next quarter of this year. All the Republican Conference, along with one desk, be considered and agreed to; the economists say that. It has taken a member of the Senate Democratic Cau- bill, as amended, be read the third while to get the programs up and run- cus, voted to change the bottom-line time, passed, and the motion to recon- ning. This would be taking good money fiscal effects of the Democratic leader- sider be laid upon the table; that any that will create lots of jobs. We are all ship’s extender substitute. The Thune statements relating to this matter be aware of the deficit. We are all aware amendment would reduce the deficit by $13 billion more than the amount the printed in the RECORD, as if read, with of that. We understand where it came no further intervening action or de- from. We understand that President Democratic leadership’s extender sub- bate. Obama found himself elected President stitute would add to the deficit. Sen- The PRESIDING OFFICER. Is there in a huge hole created by the one who ator THUNE’s amendment reached this objection? was President before him. That is the better fiscal result by restraining Fed- Mr. MCCONNELL. Mr. President, the reason we passed the recovery bill. It eral spending. All but one of the Democratic Caucus majority leader is entirely correct that wouldn’t be right, with the country who were present, 57 Senators, voted there is support on both sides for the still struggling to gain its economic vi- step he recommends we take. Senator against Senator THUNE’s amendment. ability, to cut the legs out from under The junior Senator from Florida, one ISAKSON has been the leader on this this program that has worked so well. of the 41 Senators who voted for Sen- issue on our side. However, incredibly, I think this is the wrong way to go. ator THUNE’s amendment, came to the CBO has decided this costs money, I think it is too bad that we are trying Senate floor to highlight the dif- which nobody can quite understand. So to take good money and abuse it. So I ferences between the Democratic Cau- there is still a disagreement over how object. cus and the Republican Conference in to pay for it. There is an agreement on The PRESIDING OFFICER. Objec- the approach to this extender bill. the result, but there is a disagreement tion is heard. The junior Senator from Michigan on how to pay for it, since CBO has de- The Senator from Wyoming is recog- also made some comments on the cur- creed that it will cost the government nized. rent fiscal problems. She made her ar- money. Mr. BARRASSO. Mr. President, I ask guments in response to comments from We are going to have to continue to unanimous consent that the pending the junior Senator from Florida. Last work on this and, therefore, for the business be set aside and I be allowed year, at about this time, there was a moment I object. to call up my amendment No. 4313, lot of revision or perhaps editing of re- The PRESIDING OFFICER. Objec- which is at the desk. cent budget history. I expect more of it tion is heard. The PRESIDING OFFICER. Is there from some on the other side. Mr. MCCONNELL. Mr. President, objection? The President signaled as much in an with respect to some of the previous Mr. BAUCUS. Mr. President, I object. interview with George Stephanopoulos consents, Americans are frustrated The PRESIDING OFFICER. Objec- a few months ago. I agree with the with the amount of spending and bor- tion is heard. President that there’s a lot of revi- rowing we are doing here. We have an Mr. REID. Mr. President, I suggest sionism in the debate. opportunity to show the American peo- the absence of a quorum—— The revisionist history basically ple that we can be fully responsible and The PRESIDING OFFICER. The Sen- boils down to two conclusions: cut spending elsewhere. Earlier today, ator from Wyoming still has the floor. 1. That all of the ‘‘good’’ fiscal his- we voted for a bill that would have cut Mr. BARRASSO. Mr. President, I am tory of the 1990s was derived from a the deficit by almost $70 billion. Let’s trying to get my amendment No. 4313 partisan tax increase bill of 1993; and not wave on through legislation that is pending so we can have an up-or-down 2. That all of the ‘‘bad’’ fiscal history going to worsen the deficit and dig an vote. It is unfortunate that this has of this decade to date is attributable to even deeper hole than we are currently been blocked. the bipartisan tax relief plans. in. This amendment fixes flaws in the Not surprisingly, nearly all of the re- Americans want us to show that we Cobell v. Salazar settlement, which is visionists who spoke generally oppose are serious about lowering the debt. important to Indian country. These tax relief and support tax increases. Therefore, I have a consent to extend fixes will benefit thousands of class The same crew generally support all of these expired provisions, includ- members involved in this suit. spending increases and oppose spending ing unemployment insurance and the Congress has a responsibility, when cuts. doc fix. I will propose that now. they know legislation is broken, to fix In the debate so far, many on this I ask unanimous consent that the it. The Cobell settlement legislation is side have pointed out some key, unde- Senate now proceed to the consider- no different. I will continue to raise niable facts. The stimulus bill passed ation of Calendar No. 411, S. 3421; fur- this issue as long as the debate on this by the Senate, with interest included, ther, that the bill be read the third bill is occurring. increases the deficit by over $1 trillion. time and passed, and the motion to re- I yield the floor. The stimulus bill was a heavy stew of consider be laid upon the table. Mr. GRASSLEY. Mr. President, at spending increases and refundable tax Before the Chair rules, for clarity, around lunchtime, the Senate voted on credits, seasoned with small pieces of this is a paid-for 30-day extension of Senator THUNE’s alternative to the tax relief. The bill passed by the Sen- the extenders bill, which includes un- Democratic leadership’s extender bill. ate had new temporary spending, that,

VerDate Mar 15 2010 02:18 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\G17JN6.087 S17JNPT1 smartinez on DSKB9S0YB1PROD with SENATE S5098 CONGRESSIONAL RECORD — SENATE June 17, 2010 if made permanent, will burden future ings. Interest savings accounts for 15 up over time relative to the flat line of budget deficits by over $3 trillion. That percent of the deficit reduction. the 1993 tax increase. is not CHUCK GRASSLEY speaking. It is Now, for all the chest-thumping So, let’s get the fiscal history right. the official Congressional scorekeeper, about the 1990s, the chest thumpers, The progrowth tax and trade policies the Congressional Budget Office, CBO. who push for big social spending, didn’t of the 1990’s along with the ‘‘peace divi- All of this occurred in an environ- bring much to the deficit reduction dend’’ had a lot more to do with the ment where the automatic economic table in the 1990s. Their contribution deficit reduction in the 1990s than the stabilizers thankfully kicked in to help was 5 percent. 1993 tax increase. In this decade, defi- the most unfortunate in America with What’s more the fiscal revisionist cits went down after the tax relief unemployment insurance, food stamps historians in this body tend to forget plans were put in full effect. and other benefits. who the players were. They are correct No economist I am aware of would That antirecessionary spending, to- that there was a Democratic President link the bursting of the housing bubble gether with lower tax receipts, and the in the White House. But they conven- with the bipartisan tax relief plans of TARP activities has set a fiscal table iently forget that Republicans con- 2001 and 2003. Likewise, I know of no of a deficit of $1.4 trillion for the fiscal trolled the Congress for the period economic research that concludes that year that ended several months ago. where the deficit came down and the bipartisan tax relief of 2001 and 2003 That is the highest deficit, as a per- turned to surplus. They tend to forget caused the financial meltdown of Sep- centage of the economy, in post-World they fought the principle of a balanced tember and October 2008. War II history. budget that was the centerpiece of Re- Not a pretty fiscal picture. And it is publican fiscal policy. As I said, from the period of 2003 going to get a lot uglier with the budg- Do my friends on the Democratic side through 2007, after the bipartisan tax et put forward by the President this remember the government shutdown of relief program was in full effect, the year. It’s the same result under the late 1995? Remember what that was general pattern was this: revenues budget crafted last year by the Demo- about? It was about a plan to balance went up and deficits went down. cratic leadership. So, for the folks who the budget. Republicans paid a polit- That is the past. We need to make see this bill as an opportunity to ‘‘re- ical price for forcing the issue, but, in sure we understand it. But what is cover’’ America with government tak- 1997, President Clinton agreed. Recall most important is the future. People in ing a larger share of the economy over as well all through the 1990s what the our States send us here to deal with fu- the long-term, I say congratulations. year-end battles were about. ture policy. You have recovered America with a On one side, congressional Democrats They don’t send us here to flog one vast expansion of government and the and the Clinton administration pushed another, like partisan cartoon cut-out American people have a lot of red ink for more spending. On the other side, characters, over past policies. They to look forward to. congressional Republicans were push- don’t send us here to endlessly point Members who voted for the budget ing for tax relief. In the end, both sides fingers of blame. The substitute before and the fiscal policy envisioned in it compromised. That is the real fiscal us takes us in the direction of more put us on the path to a bigger role for history of the 1990s. deficits and debt. The Thune amend- the government. But supporters of that Let’s turn to the other conclusion of ment, which was rejected by most of fiscal policy need to own up to the fis- the revisionist fiscal historians. That the Democratic Caucus, would have put cal course they are charting. That’s where the revisionist history conclusion is that, in this decade, all us on a path in the opposite fiscal di- comes from. From the perspective of fiscal problems are attributable to the rection. My friends on the other side those on our side, it’s seems to be a widespread tax relief enacted in 2001, fool no one if they pretend that the fis- strategy to divert, through a twisted 2003, 2004, and 2006. cal choices made by the Democratic blame game, from the facts before us. In 2001, President Bush came into of- Leadership and the President over the How is the history revisionist? Let’s fice. He inherited an economy that was last year have nothing to do with this take each conclusion one-by-one. careening downhill. Investment started rapidly rising debt. The first conclusion is that all of the to go flat in 2000. The tech-fueled stock President Obama rightly focused us ‘‘good’’ fiscal history was derived from market bubble was bursting. Then on the future with his eloquence during the 1993 tax increase. To test that as- came the economic shocks of the 9–11 the campaign. I would like to para- sertion, all you have to do is take a terrorist attacks. phrase a quote from the President’s look at data from the Clinton adminis- Add in the corporate scandals to that nomination acceptance speech: tration. economic environment. We need a President who can face the The much-ballyhooed partisan tax in- And it is true, as fiscal year 2001 threats of the future, not grasping at the crease of 1993 accounts for 13 percent of came to a close, the projected surplus ideas of the past. turned to a deficit. the deficit reduction in the 1990s. Thir- President Obama was right. teen percent. That 13 percent figure In just the right time, the 2001 tax re- We need a President, and I would add was calculated by the Clinton adminis- lief plan started to kick in. As the tax Congressmen and Senators, who can tration’s Office of Management and relief hit full force in 2003, the deficits face the threats of the future. Grasping Budget, OMB. grew smaller. This pattern continued The biggest source of deficit reduc- up through 2007. at ideas of the past or playing the par- tion, 35 percent, came from a reduction If my comments were meant to be tisan blame game will not deal with in defense spending. Of course, that fis- partisan shots, I could say this favor- the threats to our fiscal future. cal benefit originated from President able fiscal path from 2003 to 2007 was It is not too late to correct the ex- Reagan’s stare-down of the communist the only period, aside from 6 months in cesses of the stimulus bill or the bloat- regime in Russia. The same folks on 2001, where Republicans controlled the ed appropriations bills that will come. that side who opposed President Rea- White House and the Congress. But, un- The Senate missed an opportunity, gan’s defense build-up take credit for like the fiscal history revisionists, I with a partisan rejection of Senator the fiscal benefit of the ‘‘peace divi- am not trying to make any partisan THUNE’s alternative. dend.’’ points, I am just trying to get to the Senator MCCASKILL’s and SESSIONS’ The next biggest source of deficit re- fiscal facts. amendment, which calls for a time out duction, 32 percent, came from other There is also data that compares the on the exponentially rising levels of revenue. Basically, this was the fiscal tax receipts for 4 years after the much- appropriations spending, is a good benefit from pro-growth policies, like ballyhooed 1993 tax increase and the 4- start. The President called on the the bipartisan capital gains tax cut in year period after the 2003 tax cuts. Democratic leadership to do something 1997, and the free-trade agreements In 1993, the Clinton tax increase similar. That is what the American President Clinton, with Republican brought in more revenue as compared people want and need. There is a way votes, established. to the 2003 tax cut. That trend reversed to reach a real bipartisan compromise, The savings from the policies I have as both policies moved along. Over the not just picking off a few Senators that pointed out translated to interest sav- first few years, the extra revenue went frequently vote with the Democrats.

VerDate Mar 15 2010 02:18 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\A17JN6.012 S17JNPT1 smartinez on DSKB9S0YB1PROD with SENATE June 17, 2010 CONGRESSIONAL RECORD — SENATE S5099 MORNING BUSINESS Dr. Bob would respond: Very sick. Pacific, Vietnam, Korea, Iraq, and Af- Mr. REID. Mr. President, I ask unan- Sister Ignatia replied: Then they ghanistan, AA has been a source of imous consent that the Senate go into shall come to the front door—a very strength for servicemembers and vet- a period of morning business, with Sen- different treatment of alcoholism than erans. ators allowed to speak therein for up to ever before. Across borders and devoid of reli- 10 minutes each. Sister Ignatia and St. Thomas Hos- gious affiliation, AA has been a source The PRESIDING OFFICER. Without pital then filled the void of the lack of of faith for one’s self. Whether a fac- objection, it is so ordered. formal treatment to help those bat- tory worker or physician, parents and Mr. REID. Mr. President, I suggest tling alcoholism. They helped fill the educators, all are alike. Regardless of the absence of a quorum. gap in the lack of public and medical one’s station in life, AA has been a The PRESIDING OFFICER. The understanding of the disease. source of resiliency, demonstrating the clerk will call the roll. Therein lies the root of the modern capacity for all of us to see the better The legislative clerk proceeded to Alcoholics Anonymous—in Akron, OH, stronger angels within ourselves and call the roll. on Olive Street—where St. Thomas within others. To St. Thomas Hospital, now part of Mr. BROWN of Ohio. Mr. President, I Hospital remains an institution com- Summa Health, and the city of Akron, ask unanimous consent that the order mitted to offering health services to congratulations for carrying on Dr. for the quorum call be rescinded. those afflicted with alcoholism. Since those early days 75 years ago in Bob and Sister Ignatia’s legacy for 75 The PRESIDING OFFICER. Without the 1930s, Dr. Bob and Sister Ignatia years. More important, congratula- objection, it is so ordered. helped foment the public consciousness tions to the members and supporters of f that alcoholism is, in fact, a disease; AA. Thank you for your service to our 75TH ANNIVERSARY OF that it is never fully cured but only families, our communities, our Nation ALCOHOLICS ANONYMOUS managed with self-determination and and for a greater humanity for all of with family and community support. us. Mr. BROWN of Ohio. Mr. President, I Dr. Bob and Sister Ignatia imbued a f rise today to honor the legacy of Dr. sense of urgency in the movement Robert Smith, cofounder of Alcoholics where literally the common refrain for TAX EXTENDERS Anonymous, which is celebrating this those who live the disease is to live one Mr. BROWN of Ohio. Mr. President, I year its 75th anniversary. day at a time. want to talk about something else. I Dr. Smith, commonly referred to as It is that sense of urgency that often sat here, as did the Presiding Officer Dr. Bob, was a prominent surgeon in found Sister Ignatia saying, ‘‘Time is from Illinois, who was a strong sup- my State in Akron, OH, when his running out and I must work while I porter of passing this legislation that friend, Henrietta Seiberling, an heir to can.’’ again failed because of the Senate’s the Goodyear fortune, introduced him Earlier this week, the people of anachronistic, outmoded requirement to New Yorker Bill Wilson in 1935. Akron gathered at St. Thomas Hospital of 60 votes, a supermajority. We could Dr. Bob and Bill Wilson’s discussion to rename Olive Street ‘‘Dr. Bob’s not get there because no Republicans— that year on Mother’s Day in Gate Way’’ to recognize his contribution to no Republicans—cooperated. We could Lodge on the grounds of the Seiber- our Nation’s history. And earlier this not do today what we should do, and ling’s Stan Hywet estate laid out the month, thousands of supporters of that is extend unemployment benefits framework for the modern-day Alco- AA—alcoholics and family members to tens of thousands of Ohioans and holics Anonymous. throughout the Nation—traveled to millions of Americans. We could not Having shared the common disease of Akron for Founders Day which cele- extend the assistance to help them alcoholism, Dr. Bob and Bill Wilson brates the legacy of Dr. Bob and Sister keep their insurance, which Senator recognized the need to offer dignified Ignatia. CASEY has worked so hard on, some- healing of sobriety for all people who Many visitors traveled to Stan thing called COBRA, so that people struggle with the disease of alcoholism. Hywet Hall where they walked along who lost their jobs would not lose their What started as an informal con- the pristine landscape, walking past insurance. We could not help those versation in Gate Lodge on the Stan the Gate Lodge where AA meetings physicians who are about to face a 21- Hywet estate led to small group meet- continue to this day. percent cut in their payments. We ings and conversations at the home of From that single conversation at could not stop the outsourcing through Dr. Bob and his wife Anne on Ardmore Gate Lodge to Dr. Bob and Anne’s our tax system of too many jobs Avenue. home on Ardmore Avenue to St. Thom- abroad. We could not do any of that Dr. Bob and Anne subsequently as Hospital on Olive Avenue, AA has today because we did not get any co- opened their home to those seeking so- turned into one of the most unified and operation. briety, and the understanding of the 12 diverse organizations in the world. I understand partisanship. I under- steps that Dr. Bob and Bill Wilson were Since its earliest days, AA opened its stand ideological differences. But what refining. doors and services to all those who I don’t understand is when I hear Re- As one of Akron’s premier physicians seek it, regardless of gender, age, publican after Republican stand on this at Summa Health’s Akron City Hos- socio-economic status, or sexual ori- floor and talk about the budget deficit, pital, Dr. Bob also understood that pre- entation. I am just struck. I have only been in vailing medical treatment was inad- Fully self-funded, prominent states- this institution for 3 years. I was in the equate in treating a disease that did men and judges have sat alongside pau- House of Representatives for 14 years not discriminate among gender, age, pers and peasants—each seeking a before. I am struck by the utter hypoc- culture, wealth, or social standing. shared experience and the support of risy when I hear Republicans all of a This was an era when alcoholism was each other. sudden decide deficits matter, all of a not understood as a disease, so those Today, 117,000 groups totaling more sudden decide everything needs to be seeking treatment were not admitted than 2 million members live in more paid for. to hospitals. than 150 countries and are working When I was in the House of Rep- Dr. Bob and Bill understood that the with them and being helped by AA. resentatives, George Bush came to alcoholic needed the help of the ‘‘Angel It all started in Akron. Ohio has Congress and asked for the authority of Alcoholics Anonymous,’’ Sister often been an epicenter of our Nation’s to go to Iraq and did not even try to Mary Ignatia and St. Thomas Hospital. history—home of more Presidents, and pay for it. I voted no, but that is beside Dr. Bob took to bringing alcoholics poets to inventors and pioneers; first in the point. It passed. It was not paid for. from the back entrance of the hospital light, first in flight—Thomas Edison, Then President Bush came to the up to empty rooms in Sister Ignatia’s the Wright brothers, and so much else. Congress again with a Republican ma- unit. We are also part of our Nation and jority and asked for huge tax cuts that Sister Ignatia would ask Dr. Bob: Are our world’s basic humanity. Through overwhelmingly went to the richest they sick? the Great Depression to the wars in the Americans. They did not pay for that

VerDate Mar 15 2010 02:18 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\G17JN6.088 S17JNPT1 smartinez on DSKB9S0YB1PROD with SENATE S5100 CONGRESSIONAL RECORD — SENATE June 17, 2010 either. They charged that to our grand- then the bank comes to you and tells celebrates an important milestone in children. you they will foreclose. its history. On June 20, 2010, El Mundo, Then around the same time in the Think what that is like. You worked an award winning publication and a name of Medicare privatization, he hard. Maybe your kids are still small. longstanding fixture of Southern Ne- asked for what he called a Medicare You have lost your job. You want to vada’s Hispanic media, will celebrate drug benefit, what I call a bailout for pay your mortgage, but you do not its 30th anniversary. the drug and insurance industry, tens have the money to do it. As the oldest Spanish language news- of billions in subsidies to drug compa- So the bank is going to foreclose on paper in southern Nevada, El Mundo nies and insurance companies, and they your house. Think about that. You has covered the issues of greatest im- did not pay for that either. have three kids and your spouse has pact to the Nevadan Hispanic commu- Throughout the first decade of this lost her job or you don’t have enough nity over the last three decades, pro- century, Congress has spent close to $1 money to make these payments and viding invaluable insight into the ever- trillion on wars in Iraq and Afghani- you are going to have to tell your kids: evolving diversity which characterizes stan and did not pay for it. Nobody on Guys, we are going to have to leave our Nevada’s Hispanic community. It cur- that side said: Wait a second. We house. rently serves a bicultural and bilingual shouldn’t do this without paying for it. Where are we going to live, Dad? readership of more than 175,000. Then Congress passed hundreds of We will try to move in with some- In its pages, El Mundo highlights the billions of dollars of tax cuts for the body. experiences, needs, and concerns of His- richest Americans and did not pay for What are we going to do with all our panics in Nevada and contributes to that. They did not say we can’t do that stuff? the future of our state’s local economy, unless we pay for it. They did the same I don’t know; put it in storage. If we politics, and culture through its edi- thing for this give-away to the drug can’t afford storage, I guess we will torial, opinion and commercial adver- and insurance companies. have to give it away. tising content. Now when we want to extend unem- Think about what it would be like to Throughout the years, El Mundo has ployment benefits to people who have lose your job, then your insurance, grown and evolved alongside southern lost their jobs, when we want to extend then to lose your home. That has hap- Nevada’s Latino community, which has some assistance for health insurance to pened to a whole lot of people who even multiplied from 50,000 in 1980 when the people who have lost their health in- look like me, people who dress well and newspaper was founded by publisher surance, all of a sudden all these con- have middle-class jobs. This just Eddie Escobedo, to more than half a servatives around here say we cannot doesn’t happen to a bunch of people million today. do this unless we pay for it. Then their who were just lazy and didn’t do any- In addition, I would like to recognize little cheerleaders on the Wall Street thing; this is happening to all kinds of Eddie’s vision and tenacity, whose editorial board, and talk radio, and people in this country. steadfast leadership at the helm of El their people on Fox TV, like one bird I wonder if my Republican col- Mundo has contributed to the publica- flying off a telephone wire, they all fly leagues—if the conservatives here who tion’s continued relevance, influence off and say: We have to pay for it. always preach self-reliance and always and impact. Eddie is a prominent voice They never said we have to pay for a say we have to do better in this coun- for Nevada’s Hispanics, a trusted serv- trillion-dollar war. They never said we try and that people should have to ant leader, and a true Nevadan. I con- should pay for the tax cuts going to the stand on their own two feet—really gratulate Eddie, his family, and the El rich people. They never said we should know people who have lost their jobs Mundo staff on this great occasion as pay for these subsidies going to the and lost their insurance and lost their they continue marching toward greater drug companies. We start a war, we at- homes. I think if they did, they might and bigger milestones. tack Iraq, we go to Afghanistan, and be willing to extend unemployment f we charge it to our grandchildren. We benefits; if they did, they might be give a tax cut to the richest Ameri- willing to extend subsidies to help WEST VIRGINIA DAY cans, and we charge it to our grand- those people get their health insur- Mr. BYRD. Mr. President, Sunday, children. We pass this give-away to the ance. June 20, is the 147th anniversary of drug and insurance companies, and we That is what is so troubling about wild and wonderful West Virginia’s charge it to our grandchildren. what has happened the last few weeks. joining the United States as the 35th But again, when it is time to help We can’t get 60 votes because we need State. I am proud of all that West Vir- laid-off workers—we know what hap- some Republicans. We can’t get 60 ginia has offered and continues to offer pens when a person is laid off. They al- votes to extend unemployment to help to the United States. most act as if unemployment insurance people out a little bit. Again, unem- West Virginia is a unique gem among is a welfare program. All I can think of ployment insurance is not welfare. You the 50 States. It is the only State to be when I see the behavior of refusal to have a job and you pay into unemploy- formed by seceding from a Confederate extend unemployment insurance or the ment every paycheck. You pay into State, and only one of two States to be refusal to help people get health insur- this insurance fund so that if you lose added to the Union during the Civil ance when they have lost their jobs, all your job, you get help from that fund. War—the other being the home State I can think of is most of my friends on It is as simple as that. of my good friend Senator REID, Ne- the other side of the aisle, most of my So, Mr. President, I guess my pa- vada, which separated from the Utah colleagues must not know anybody tience runs short—as is the case for Territory. who has lost their job, who has lost many of us on this side—when I hear Known as the Mountain State, West their insurance. They must not know my colleagues saying we can’t do this Virginia is the only State located en- anybody who, because they lost their because it would add to the budget def- tirely within the ancient Appalachian job and their insurance, may next lose icit. Yet they continue to vote for war Mountain range which was formed over their home. funding, and they continue giving tax 300 million years ago. West Virginia Try to think about this. I know peo- cuts to the richest people in America, has the highest elevation of any U.S. ple who have lost their homes. I know and they continue to subsidize the drug State east of the Mississippi River, people who were doing pretty well and industry in America. It is a moral with an average of 1,500 feet above sea lost their homes. I have tried to under- question, and the Senate failed this level. That elevation means that the stand what it is like. You come home moral question. Monongahela National Forest Region one day and for the last 3 or 4 months f in the southeastern part of the State you tried to make your mortgage pay- has a climate more akin to northern ment. You were late the first month. EL MUNDO New England and Canada, with spruce Then you got the second payment in on Mr. REID. Mr. President, today I forests, cool summers, and snow-filled time. The next month you were late. come to the Senate floor to congratu- winters. In fact, Dolly Sods, which is The following month you could not pay late El Mundo, a weekly Spanish lan- part of the Monongahela National For- and you realize you are in trouble. And guage newspaper in Las Vegas, as it est, has tundra-like vistas where, amid

VerDate Mar 15 2010 04:17 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\G17JN6.090 S17JNPT1 smartinez on DSKB9S0YB1PROD with SENATE June 17, 2010 CONGRESSIONAL RECORD — SENATE S5101 scenery reminiscent of Alaska, visitors the otherwise monochromatic scenery. tuckian, Mr. Harry Morgan Hoe. A might spot snowshoe hares. Our colder, But every evening—winter, summer, graduate of the Kentucky Military In- tumbling waters also support trout spring or fall—the night sky will come stitute, Harry’s leadership skill and that are an angler’s dream, as well as a alive with more stars than it is pos- valor were on full display at the age of rafter’s or kayaker’s delight. sible to count, as God sprinkles his 19, when he joined the 4th Infantry Di- Unlike its name, West Virginia’s New blessings on West Virginia. vision and stormed the beaches of Nor- River is actually very old, perhaps one f mandy. For his service, he was awarded of the oldest rivers in the world. Flow- both the Silver and Bronze Stars, COMMENDING SENATOR DANIEL K. ing in a generally south-to-north among other medals. Upon returning to INOUYE course through the Appalachian Moun- civilian life, Harry earned a degree in tains from North Carolina to West Vir- Mr. BYRD. Mr. President, with great business and more importantly, at ginia, where it merges with the Gauley pleasure I congratulate the senior Sen- least to Harry, met his wife Mary while River to form the Kanawaha River, the ator from Hawaii, Mr. DANIEL INOUYE, at college. The couple returned to New River goes against the west-to- for becoming the second longest-serv- Middlesboro after graduation and east flow that most other nearby rivers ing Senator in history. He achieved Harry joined in the family business—a take, emptying into the Mississippi this distinction last Friday when he be- foundry. He would go on to serve his River rather than the Chesapeake Bay. came only the second person to have community as chairman of the Clear Near Fayetteville, WV, the New River served in the Senate for 17,327 days. Creek Baptist Bible College and his is spanned by the spectacular New I also want to use this opportunity to work with the Cumberland Gap Na- River Gorge Bridge, featured on the re- congratulate Senator INOUYE on what I tional Park board, the Mountain Lau- verse of the West Virginia State quar- am sure he considers a bigger, and even rel Festival board, as well as several ter coin. Each autumn, the community more important event in his life, the other service organizations. celebrates Bridge Day, allowing para- birth of his first grandchild, Mary Mar- While I could certainly go on about chute-clad jumpers to leap from the garet ‘‘Maggie’’ Inouye. Maggie was the character of Harry Hoe, let me con- highest vehicular bridge in the Amer- born on April 20 to Ken and Jessica clude by saying that Harry Hoe’s im- icas to the New River some 876 feet Inouye, the son and daughter-in-law of pact in Middlesboro, Kentucky, should below. our esteemed colleague. I wish all of be a model by which we all pattern our For centuries, West Virginia has been them the best of health and happiness. approach to leadership—built on hu- a place where people could escape sum- I have remarked many times on this mility and grace. mer’s heat and enjoy the great out- floor that Senator INOUYE is my ‘‘No. 1 Mr. President, the Middlesboro Daily doors. In the eastern panhandle, the hero.’’ No one has ever served our News recently published a profile story spa town of Berkeley Springs has wel- country more extensively, or more on Mr. Harry Hoe. I ask unanimous comed visitors since the days when bravely and with more loyalty and de- consent that the full article be printed George Washington’s family and termination, than has Senator INOUYE. in the RECORD. friends laid out a town around the During World War II, he served in the There being no objection, the mate- warm medicinal springs that bubble to famed 442nd Infantry Regimental Com- rial was ordered to be printed in the the surface. In southern West Virginia, bat Team, the most decorated Army RECORD, as follows: the majestic Greenbrier resort in White unit in the history of United States. In [From the Middlesboro Daily News, May 5, Sulphur Springs has hosted Presidents recognition of his war heroics, he was 2010] and other distinguished guests since awarded the Distinguished Service ‘‘HARRY HOE—AN ENDURING LEADER’’ 1778. Cross, the Bronze Star, the Purple By Lorie Settles West Virginia has also long been a Heart, and the Congressional Medal of Harry Morgan Hoe began his life 85-years nearby winter getaway for snow-seek- Honor, making him one of only seven ago in Middlesboro. He remembers a town ers from milder climates. Since the Senators to have been awarded our Na- much different than the one most of us are Canaan Valley was discovered by air in tion’s highest military honor. familiar with today—where groceries were the 1960s, West Virginia has become a In 1963, he became the first Japanese delivered and children walked to school. The skiing destination for downhillers and American ever to serve in the U.S. Con- simplicity of life remains one of his dearest cross-country skiers. In addition to gress. And in this Chamber he has memories. Canaan Valley, Snowshoe, Winterplace, served his State and our country with ‘‘Growing up here was a real treat,’’ Harry Alpine Lake, Timberline, and Elk recalled, ‘‘everything was free and easy. The great distinction. Senator INOUYE has town was growing; they were building build- River offer skiing, tubing, served on the Senate Watergate Com- ings and paving streets.’’ Harry’s generation snowboarding and sledding within easy mittee, the Congressional Iran Contra was the first of his family to grow up in driving distance of major metropolitan Committee, the Senate Appropriations Middlesboro. In 1909, J.R. Hoe, Harry’s areas from Pittsburgh to Atlanta. Committee, and as Secretary of the grandfather, moved his family to Kentucky Should a visitor come to West Vir- Democratic Conference. from Pittsburg, PA after a labor strike put ginia in June, he or she would be treat- And during his long and productive an end to his career as the superintendent of ed to beautiful misty views of tree-cov- career in this Chamber, he has become a large steel mill. He purchased the town ered mountains stretching into the dis- foundry and re-named it J.R. Hoe and Sons. my dear friend. I was honored and Together, he and his five sons worked long tance. In the foreground, wildflowers pleased when he was the person who hours to create the business Middlesboro would be blooming in sunlit meadows nominated me for my third term as knows today. and along roads that curve along steep Senate whip in 1975. Foremost, I have ‘‘My father worked like a dog,’’ Hoe re- hillsides or cross deep-flowing rivers always appreciated his deep loyalty to membered. ‘‘He poured 20,000 pounds of iron and streams tumbling over massive the Senate and to me when I was the per day and the things had to be carried, by boulders. In the shadowed hollows, Senate Democratic leader and he was hand, to the railroad station.’’ Harry went to Louisville to attend high school at the Ken- dense stands of rhododendron, the serving as secretary of the Democratic State flower, would be coming into tucky Military Institute, from which he Conference. graduated in 1943. At the age of 17, just be- bloom. Later in the year, the hills Now, Senator INOUYE has achieved fore graduation, he received his draft notice come alive with vibrant color as the another milestone in a career filled for World War II. After a few months of State tree, the sugar maple, bursts into with achievements and successes, and I training, he briefly returned home to see his flaming red, blazing against the deep commend him on it. family, and then shipped out. ‘‘We had all russet of oaks, the bright yellow of Congratulations Senator INOUYE, my gone through basic training; we’d done the tulip poplars, and the rich, deep green friend, my colleague and my ‘‘No. 1 physical exercises and the bayonets and it of spruce and pine. In the winter, na- hero!’’ was fun . . . It never got through to me that ture’s palette becomes more stark, as we were training to kill,’’ he remembered. He f arrived with the 4th Infantry Division on the leafless trees etch sharp designs TRIBUTE TO HARRY MORGAN HOE beaches of Normandy shortly thereafter. ‘‘I against crisp white snow. The West served under General Patton,’’ Harry recalls. Virginia State bird, the northern car- Mr. MCCONNELL. Mr. President, I ‘‘He said: Half of you guys are not going dinal, offers a bright spot of crimson on rise to pay tribute to an honored Ken- home, you know that don’t you? You’re over

VerDate Mar 15 2010 04:17 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\G17JN6.037 S17JNPT1 smartinez on DSKB9S0YB1PROD with SENATE S5102 CONGRESSIONAL RECORD — SENATE June 17, 2010 here to take that hill and if you don’t take Governor and asked for a vote in the Senate. [From the Huffington Post, June 14, 2010] it, I want to see the truckload of dog tags No one wanted to be on record as being for TICKLING SANCTIONS FOR IRAN FROM THE UN— that show me that you proved yourself.’ So drunk driving, but Kentucky produced a lot IT’S NOW UPTOCONGRESS we fought. We were his soldiers—that was all of whiskey. The Governor, Louie Nunn, (By Ephraim Sneh, Former Deputy Defense we knew to do.’’ wouldn’t sign it. He let it sit there for 10 Minister of Israel) He was decorated with the Silver Star for days. The law states that after ten days, if gallantry in action, the Bronze Star, the Oak he hasn’t signed a bill that has passed the Secretary of State Clinton promised to im- Leaf Cluster for heroic action and the House and Senate, it becomes law.’’ pose ‘‘crippling sanctions’’ on Iran if it keeps cheating the international community and French Liberation Appreciation Medal—all Harry was the minority whip and the as- before reaching the age of 19. enriching uranium for a nuclear weapon. sistant minority floor leader. He spent 12 However, the sanctions decided by the UN During his tour of duty, Harry fought in years serving on the Kentucky Republican five major European campaigns. ‘‘It was dif- Security Council last week are tickling sanc- State Central Committee and was recently tions—definitely not crippling ones. They ferent then,’’ he said. ‘‘It was a different war. inducted into the Republican 5th Congres- Everyone was for it, we were very patriotic. annoy the Ayatollahs’ regime, but they can- sional District hall of Fame by Congressman not bring about its end. They will not delay We wanted to keep Hitler from ruining the Hal Rogers. world.’’ the Iranian nuclear project by one single His return home was bittersweet. ‘‘I spent He has been a deacon of the First Baptist day. weeks when I came home saying: ‘What? He Church for the past 60 years and served as The main problem is that the sanctions do didn’t come back either? He’s dead too?’ The chairman of the deacons for three terms. In not effectively harm the Iranian energy in- boys you hugged at the train station, the addition, he has sung in the church’s choir dustry, which is the regime’s life artery. ones that came back, were badly wounded for 60 years and been a Sunday School teach- Iran’s oil and gas industry enables the re- and missing limbs. We didn’t see all of the er for 55. Harry was awarded the Salvation gime to govern. The UN sanctions, instead, consequences until the war was over,’’ he re- Army William Booth Award, the highest focus on the Revolutionary Guards (IRGC), membered. honor given by the charity, after serving as on the nuclear project, and on the banking Shortly after his return, he enrolled at the chairman. He is a life member of the Salva- and shipping systems that directly support University of Tennessee. He graduated in tion Army Advisory Board and has been for it. Moreover, countries that are not keen to 1949 with a B.S. in Business. ‘‘My father 60 years. impose those sanctions are not strictly wanted me to go to college,’’ Harry said. ‘‘I The Kiwanis Club of Middlesboro has had obliged to do so. Actually, these are rec- thought that I was too mature. I’d been to the benefit of Harry’s membership since 1949. ommendations, not binding orders. war, I felt too old for college life.’’ He met He was twice elected president and has won Sanctions which do not substantially un- his wife, Mary, at the university through a several awards including Kiwanian of the dermine the financial basis of the regime do friend from Middlesboro and the two quickly Year. He founded the Middlesboro High not impede the regime’s ability to govern. became an item. He credits much of his suc- School Key Club in 1954. Today, Harry lives Such sanctions cannot create a revolu- cess and happiness to Mary, who insisted in the same house he bought 45-years ago tionary situation in Iran that millions of that he finish college and worked as a librar- with his wife, Mary. protesters who courageously took to the ian at UT after her own graduation while He continues to work, as needed, at the streets aspire for. The moral support they re- Harry completed his education. J.R. Hoe and Sons foundry, where he served ceived from the western democracies until ‘‘She was my secret weapon,’’ Harry said of as the President of the firm from 1988 until now has been feeble and disappointing. the woman he lost just last year. ‘‘She was 2009. He enjoys spending some of his free Iran’s nuclear project runs on two parallel easy to love.’’ The couple returned to time with his and Mary’s three children: tracks: It produces large amounts of Low En- Middlesboro after finishing school and Harry Priscilla, Harry (Bo), and Marilyn, and with riched Uranium (LEU), and it manufactures went to work for the family business. his seven grandchildren. a large number of centrifuges. When the Though he was unsure that he would remain Ayatollahs decide, many thousands of cen- in the business, he viewed it as a chance to trifuges, operating at high speed, will create gain experience. f Highly Enriched Uranium in quantities large His family was happy to have him as the enough to manufacture several nuclear first college graduate in the company for as IRAN SANCTIONS bombs. The critical process in nuclear weap- long as he wished to stay. In 1953, Harry Mor- on building is the creation of fissile mate- gan Hoe was honored as one of the three Out- Mr. KYL. Mr. President, on June 14, rial. This is how Iran will obtain it. standing Young Men of Kentucky. His ac- Ephraim Sneh, a former Israeli Deputy A nuclear Iran is not a threat only for complishments would only become more im- Defense Minister, wrote a column in Israel. It is a threat for every state within pressive as time went on. Harry worked as the Huffington Post, titled ‘‘Tickling range of its ballistic missiles. Today Delhi, the director of the Kentucky Utilities com- Sanctions for Iran From the UN—It’s Moscow and Athens are inside this range. In pany for 19 years, and was honored by the Now Up to Congress,’’ explaining that two years’ time, when the next generation of company with a $100,000 donation that was Iranian ballistic missile will enter oper- awarded to Clear Creek Baptist Bible Col- the United Nations Security Council’s ational status, more capitals, including Eu- lege. He served as a board member of the col- recent sanctions on Iran are insuffi- ropean, will join the club of threatened lege for 20 years and as chairman for two cient. states. terms. Dr. Sneh wrote that the Security But there is one country, Israel, which The first integrated Little League Baseball Council’s new sanctions are merely cannot live even one day under the shadow of team south of the Ohio River was instigated ‘‘recommendations, not binding or- an Iranian nuclear weapon. In my office, as in Middlesboro in 1953. Harry began the team in many offices and homes in Israel, deci- and was its president for seven years. In 1959, ders’’ because they do not address the sion-makers included, portraits of our grand- Harry worked as general chairman for the Iranian regime’s greatest vulnerabil- parents killed by the Nazis hang on the dedication of the Cumberland Gap National ity, its oil and gas industry. He urges walls. Israel, bearing this collective historic Park. He has been the director of Kentucky Congress to pass the Iran Refined Pe- lesson, cannot allow those who twice a week Mountain Laurel Festival Board for 55 years troleum Sanctions Act, which he be- declare that they will liquidate the Jewish and served twice as president. Harry also lieves is ‘‘the last option left to pro- state to have the means to do so. The Jewish acted as chairman of the board of directors mote peace, to free the Iranian people people will not pay the price for the weak- of Kentuckians for Better Transportation and to prevent war.’’ ness of the West twice in 70 years. and Associated Industries in Kentucky. He Maybe we are paranoid. But, as Henry Kis- spent two 3-year terms as director of the I agree with Dr. Sneh. Further, I be- singer said, ‘‘even a paranoid may have real Kentucky Chamber of Commerce. lieve it is imperative, in view of the enemies.’’ We do have enemies who viscer- In 1964, Harry Hoe decided to try his hand feckless action by the Security Coun- ally hate us, whether our policies are clever at state politics. He was elected to the Ken- cil, and the timid actions by the ad- or stupid. tucky House of Representatives, where he ministration on unilateral designations The UN Security Council resolution means served for six years. He wrote the Drunk yesterday, that Congress act without that the international community actually Driving Bill in 1968, and in what seemed to acquiesces to a nuclear Iran. Israel is in a many Kentucky politicians and reporters of further delay to pass this new legisla- corner, and the international community is the day as an unlikely turn of events, it tion to impose crippling sanctions on pushing us to act on our own. Regrettably, passed. Harry vividly recalls the day the bill Iran. we were not wise enough to avoid being so finally got off of the ground: ‘‘It was the last Mr. President, I ask unanimous con- isolated at the same time that we find our- day of the legislature and a lot of my oppo- sent to have Dr. Sneh’s column printed selves in this corner. But our mistakes do nents were out celebrating at a bar. So I not diminish our existential need to act. in the RECORD. went back to the House and asked the The United States could not achieve a bet- Speaker to allow me to introduce my bill, as There being no objection, the mate- ter UN resolution. In the current inter- a favor since it was my last term. The bill rial was ordered to be printed in the national situation, in a forum where Russia passed the House. I took it to the Lieutenant RECORD, as follows: and China can cast a veto, where Brazil and

VerDate Mar 15 2010 02:31 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\G17JN6.027 S17JNPT1 smartinez on DSKB9S0YB1PROD with SENATE June 17, 2010 CONGRESSIONAL RECORD — SENATE S5103 Turkey can bluntly defy it, American diplo- It is my sad duty to enter the name President responded swiftly and deci- macy did its best. But the bottom line is of Sgt John Kenneth Rankel in the of- sively, for, in his words, ‘‘In my gen- that the Iranian nuclear project will not be ficial RECORD of the U.S. Senate for his eration, this was not the first occasion stopped by these sanctions, and the regime when the strong had attacked the in Teheran will survive. service to our country and for his pro- There is still something that can be done. found commitment to freedom, democ- weak.’’ Today, the fateful crossing of The US Congress’s bipartisan Iranian Re- racy, and peace. the 38th parallel by communist forces fined Petroleum Sanctions Act (IRPSA), sub- I pray that John’s family finds com- stands as the opening paragraph of one mitted by Congressman Howard Berman and fort in the words of the prophet Isaiah, of the most brutal chapters in our Congresswoman Ileana Ros-Lehtinen, is who said: ‘‘He will swallow up death in American history, the Korean war. ready. The sanctions enshrined in IRPSA victory; and the Lord God will wipe It is impossible to understand our may cripple the Iranian energy industry, away tears from off all faces.’’ world today—and to have an informed which bankrolls the Ayatollhas. It may view on the conflict that continues to f bring the regime to its knees. IRPSA poses a seethe on the Korean peninsula—with- clear choice to international corporations: SPECIALIST BLAINE E. REDDING With whom do you want to do business—Iran out understanding the Korean war. And or the US? If the traditional allies of United Mr. NELSON of Nebraska. Mr. Presi- yet, the first conflict in the Cold War is States and, most importantly, responsible dent, I rise today to honor Army SPC sometimes called the ‘‘Unknown War,’’ European countries implement these sanc- Blaine E. Redding, who lost his life as or worse, the ‘‘Forgotten War’’ because tions, the regime in Teheran would not be the result of an improvised explosive it is not widely taught, studied or un- able to govern. It would not be able to cru- device in Konar, Afghanistan, on June derstood. That is why, on this impor- elly repress the Iranian people, export hatred 7, 2010. tant occasion, we must rise to honor and terror, and build nuclear weapons. the courage and sacrifice of our Korean Voting for IRPSA and implementing it Specialist Redding, who grew up in promptly is the last option left to promote Plattsmouth, NE, was assigned to A war veterans—so we can never forget. peace, to free the Iranian people and to pre- Company, 2nd Battalion, 327th Infantry We cannot and will not forget that nearly 1.8 million Americans served in vent war. Regiment, 101st Airborne Division out Korea, along with the forces of the Re- f of Fort Campbell, KY. He was serving public of Korea and 20 other members in Afghanistan with his younger broth- HONORING OUR ARMED FORCES of the United Nations, to defend free- er Logan, who was also a member of dom and democracy. We will not forget SERGEANT JOHN KENNETH RANKEL the 101st Airborne. that nearly 33,739 Americans died in Mr. BAYH. Mr. President, I rise Having previously served a year in battle during the war. We will not for- today to honor the life of Sgt John Iraq, Specialist Redding was just 4 Kenneth Rankel of the U.S. Marine get that nearly 92,100 troops were weeks into his deployment in Afghani- Corps. Sergeant Rankel was assigned wounded in action during the conflict. stan when the vehicle he was riding in to the 3rd Battalion, 1st Marine Regi- We will not forget that more than 8,100 was hit by the roadside bomb. Four ment, 1st Marine Division, Camp Pen- men and women never came home, and others were lost in this tragic event. dleton, CA. are still listed as missing in action or Sergeant Rankel was only 23 years Specialist Redding served his country prisoners of war. old when he lost his life on June 7 honorably and made the ultimate sac- We have, as we recognize the 60th an- while serving bravely in support of Op- rifice for his fellow Americans. His niversary of the start of the Korean eration Enduring Freedom in Afghani- courageous choice to protect his coun- war, an important opportunity to ex- stan. He was deployed on his first tour try and help the people of Iraq and Af- amine the roots and legacy of the Ko- of duty in Afghanistan, having reen- ghanistan achieve peace and security rean war and to honor each individual listed after completing two tours in represents all that we can be proud of who, in the defense of freedom, bravely Iraq. in our Armed Forces. faced aggression of devastating tyr- Sergeant Rankel was from Speedway, I commend SPC Blaine Redding’s anny. I urge all Americans to observe IN. He enlisted in the Marine Corps im- bravery and selflessness, while offering the 60th anniversary of the Korean war mediately after graduating from my deepest condolences to his young and to take this opportunity to learn Speedway High School in 2005. Though wife Nikki and the family members he about the conflict and, most impor- he was a star athlete on his high school left behind. It is a small comfort for tantly, the men and women who par- football team, he chose to serve rather those who must now go on without one ticipated in it. Their legacy is one of than play football in college. A fellow they loved so dearly, but they know great honor. I want to recognize the marine described John as ‘‘the greatest that Specialist Redding gave his life Korean War Veterans Appreciation guy I knew, and the best friend any- for a noble goal. I join all Nebraskans— Ceremony—held on June 21, 2010, in the body could ask for.’’ indeed, all Americans—in mourning hometown of one of Nation’s great Today, I join John’s family and the loss of this fine young man. leaders, President Harry S Truman, as friends in mourning his death. He is f a sterling symbol of our Nation’s com- survived by his mother Trisha TRIBUTE TO KOREAN WAR mitment to always remember, under- Stockhoff; his stepfather Don VETERANS stand, and honor our brave Korean war Stockhoff; his father Kevin Rankel; his heroes and the history of the Korean stepmother Kim Rankel; and his broth- Mrs. MCCASKILL. Mr. President, I war. ers Nathan Stockhoff and Tyler rise today to recognize and pay tribute I want to especially recognize the Rankel. He will forever be remembered to our Korean war veterans and to ex- men and women at the Harry S Tru- as a loving son, brother, and friend. press my strong support for and admi- man Library Institute who tirelessly While we struggle to express our sor- ration of the Harry S. Truman Library labored to make the Appreciation Cere- row over this loss, we take pride in the Institute, the nonprofit partner of the mony possible and a tremendous suc- example of this American hero. We Truman Library, that is leading our cess. It is with great regret I will not cherish the legacy of his service and Nation’s commemoration of the 60th be able to join many Missourians, his life. anniversary of the start of the Korean many veterans, my esteemed col- As I search for words to honor this war. On this important anniversary, we league, Congressman IKE SKELTON, who fallen marine, I recall President Lin- must not forget the lessons from this is a tremendous student of military coln’s words to the families of the fall- oft-forgotten war, nor the men and history, and keynote speaker GEN en at Gettysburg: ‘‘We cannot dedicate, women who demonstrated legendary David Petraeus, a modern-day Amer- we cannot consecrate, we cannot hal- courage and valor in the face of un- ican war hero, on June 21 in Independ- low this ground. The brave men, living speakable brutality. ence to recognize this anniversary and and dead, who struggled here, have Sixty years ago in Independence, MO, celebrate Korean war veterans. How- consecrated it, far above our poor on June 25, 1950, President Harry S. ever, I know this will be a momentous power to add or detract. The world will Truman received word that the free event on a momentous occasion. I little note nor long remember what we people of South Korea had been in- stand with all of those at the event in say here, but it can never forget what vaded by some 135,000 communist remembering the Korean war, in hon- they did here.’’ troops from the North. America’s 33rd oring Korean war veterans, in paying

VerDate Mar 15 2010 04:17 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\G17JN6.070 S17JNPT1 smartinez on DSKB9S0YB1PROD with SENATE S5104 CONGRESSIONAL RECORD — SENATE June 17, 2010 respect to the remaining POWs and and into Delaware, where they could ing, and outdoor recreation. Trag- MIAs and the fallen servicemembers, cross into Pennsylvania and go north ically, 20 visitors to Camp Albert Pike and in celebrating America’s freedom, to freedom in Massachusetts, New lost their lives last weekend after se- which has for so long been guaranteed York, and Canada. This was the route vere rain resulted in flash flooding by our fighting men and women. used by Harriet Ross Tubman, a native early Friday. My heartfelt condolences Mr. CARDIN. Mr. President, I rise of Dorchester County, MD. Tubman not go out to their families, friends, and today in celebration of the 145th anni- only guided herself and her family to loved ones, many of whom I met as I versary of Juneteenth, the oldest com- freedom through the underground rail- toured the devastation. I will continue memoration of the end of slavery in road, she also made more than 19 trips to pray that they find peace and con- the United States. On June 19, 1865, to the South to lead more than 300 solation. Union soldiers arrived in Galveston, slaves to freedom. She never lost a I have always had the utmost respect TX, to inform the slaves that they ‘‘passenger’’ along the route. for our law enforcement, first respond- were free. Although the Emancipation The abolitionist leader Frederick ers, search and rescue teams and of- Proclamation took effect on January 1, Douglass was born in Talbot County on fices of emergency management. I have 1863, it was 2 years later before the Maryland’s eastern shore. At age 20 he never been more impressed than in see- message reached slaves in Texas and escaped from slavery and spent the rest ing their monumental effort during the Union troops enforced the Presi- of his life advocating racial equality this tragedy. These brave men and dent’s order. Eighty-nine years after throughout the United States and the women put their own safety at risk to America’s Independence Day, Africans United Kingdom. Harriet Tubman, search for survivors and victims, and in America finally obtained their inde- Frederick Douglass, and countless oth- they demonstrated amazing com- pendence from slavery. Juneteenth is a ers who led slaves to freedom and petence and dedication. day when all Americans should cele- fought to abolish slavery are the he- I was personally moved, as once brate Black Americans’ freedom and roes who inspire us to persevere in the again, Arkansans rallied to help their heritage fight for equality and justice in this neighbors. While most of the victims of In 2008, Congress apologized for the country and worldwide. this disaster were from outside the injustice, cruelty, brutality, and inhu- In 1865, June 19 marked the end of manity of slavery and Jim Crow laws. boundaries of our State, local citizens slavery in America, but not the end of The congressional resolution acknowl- embraced them with love and true de jure racial discrimination. My own edged that African Americans continue compassion. State of Maryland passed 15 Jim Crow to suffer from the complex interplay It was heartbreaking to hear the sto- laws between 1870 and 1957. Maryland’s between slavery and Jim Crow long ries of those who struggled to make it schools, swimming pools, movie houses after both systems were formally abol- out alive and those who were not so and other facilities were segregated. ished. This suffering is both tangible fortunate. There were many true he- Notably, in 1930, the University of and intangible, including the loss of roes—of all ages—who continued to res- Maryland Law School denied admission human dignity, the frustration of ca- cue others even when they knew mem- to Baltimore native Thurgood Mar- reers and professional lives, and the bers of their own families had perished long-term loss of income and oppor- shall, a man who would two decades and in the face of unbelievable personal tunity. later argue the landmark Brown v. danger. On Wednesday, Congress honored the Board of Education case, outlawing le- Mr. President, I ask that we remem- African-American slaves who built the gally segregated schools, and who ber those who lost their lives in this U.S. Capitol by dedicating plaques to would soon after become the Nation’s tragic event: their memory. Historians have discov- first Black Supreme Court Justice. ARKANSAS ered that slaves worked 12-hour days, 6 While our Nation has made consider- Kaden Jez, 3, Foreman; Leslie Anne Jez, 23, days a week on the construction of the able progress over the past century and Foreman; Debra McMaster, 43, Hope; Sheri Capitol. The Federal Government a half, many challenges remain. Dis- Wade, 46, Ashdown. rented over 400 slaves from local slave crimination, disparities, and racially LOUISIANA owners at a rate of $5 per person per motivated hate persist. We must con- Shane Basinger, 34, Shreveport; Kinsley month, but the slaves were not paid for front these issues. We cannot ignore Basinger, 6, Shreveport; Jadyn Basinger, 8, their work. the disparities in health care that re- Shreveport; Anthony Smith, 30, Gloster; On this day, it is fitting to remember sult in higher premature birth rates Katelynn Smith, 2, Gloster; Joey Smith, 5, our Nation’s painful history. Millions and reduced life expectancy for minor- Gloster; Bruce Roeder, 51, Luling; Kay Roe- of Africans were torn from their home- ity populations. We cannot ignore dis- der, 69, Luling; Deborah Roeder, 52, Luling. land and brought to the Americas as criminatory sentencing in our courts TEXAS chattel. While it is unknown how many or discriminatory lending practices by Robert Lee Shumake, 68, DeKalb; Wilene died during the middle passage, it is es- financial institutions. Racially moti- Shumake, 67, DeKalb; Nicholas Wade timated that 645,000 arrived in the vated police brutality and hate crimes Shumake, 8, DeKalb; Eric Wayne Schultz, 38, United States. My own State of Mary- cannot stand. We must continue to Nash; Gayble Y. Moss, 7, Texarkana; Kylee pursue justice in each of these areas, Sullivan, 6, Texarkana; Julie Freeman, 53, land had slaves. In 1790, more than Texarkana. 100,000 slaves, which would have been and for all Americans. about a third of the State’s total popu- We owe it to the legacy of our prede- f lation, lived in Maryland. Seventy cessors in the battle for racial equality WORLD REFUGEE DAY 2010 years later, the 1860 census indicated to keep fighting injustice until the that there were more than 4 million Declaration that ‘‘all men are created Mr. LEAHY. Mr. President, this Sun- slaves nationwide. equal’’ rings true. We cannot be com- day, June 20, is World Refugee Day. On Despite Maryland’s history of slav- placent. As Martin Luther King, Jr. June 20, 2001, we recognized World Ref- ery, many Marylanders led the fight said, ‘‘We will remember not the words ugee Day for the first time, in com- for abolition. The underground railroad of our enemies, but the silence of our memoration of the 50th anniversary of was a secret network that helped friends.’’ the 1951 Convention Relating to the enslaved men, women, and children es- We must continue to strive toward Status of Refugees. cape to freedom. Its route through elimination of inequality so we can At the end of the last century, war Maryland took passengers by boat up truly honor the spirit of Juneteenth. and ethnic cleansing in the former the Chesapeake Bay. Ships departed f Yugoslavia left many people without a from the many towns located directly home or the protection of their coun- on the bay and from cities on rivers REMEMBERING ARKANSAS FLOOD try of origin. The Rwandan genocide of that flowed into the bay, including Bal- VICTIMS 1994 and the subsequent wars in the timore. Many ships’ pilots hid fugitives Mrs. LINCOLN. Mr. President, my Democratic Republic of Congo forced and helped them on their way. home State of Arkansas is known for refugees to flee to Tanzania and other Another route led slaves by land up its natural beauty, drawing thousands neighboring states. As of last fall, over along the eastern shore of Maryland of visitors each year for camping, fish- 300,000 individuals in Tanzania were

VerDate Mar 15 2010 02:31 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\G17JN6.073 S17JNPT1 smartinez on DSKB9S0YB1PROD with SENATE June 17, 2010 CONGRESSIONAL RECORD — SENATE S5105 still waiting for safe, third country re- fore being resettled in the United zations, to alleviate the plight of those settlement. The dissolution of the States. In the 9 years since they have forced from their homes by conflict or former Soviet Union, followed by war arrived in Vermont, many have grad- hatred. and ethnic strife in Chechnya, the uated from college, and some have Sadly, while the world’s commitment Caucasus, and Central Asian successor gone on to attend graduate school. to these refugees is great, the scope of states, created millions of refugees and Vermont has received refugees from the problem is even greater. Last year, internally displaced persons. Some of across the globe, including Bosnia, Bu- more than 43 million people were forc- these former Soviet citizens were left rundi, Vietnam, Somalia, and Russia. ibly displaced from their homes, the stateless and remain so, unable to Hundreds of Vermonters have volun- largest number since the mid-1990s. At claim the rights or protection of any teered to help these refugees adapt to the same time, data from the United nation. life in Vermont, welcoming them into Nations High Commissioner for Refu- Despite these tragic events, the first their homes, schools, and places of wor- gees show that the number of refugees World Refugee Day was an occasion of ship. The newcomers have had a pro- who resettled in 2009 was at the lowest great hope. It provided an opportunity found effect on life in Vermont, start- level in two decades. to celebrate the perseverance of refu- ing small businesses, excelling in local These figures, just for 2009, include gees as they begin new lives in foreign soccer teams, creating art, running more than 2.8 million people who have lands, join new communities, learn new community gardens, and sharing their fled homes in Afghanistan, more than languages, and help their families ad- cultures. In one Vermont school dis- 1.7 million people from Iraq, more than just. The inaugural World Refugee Day trict, all signs are in English, Viet- half a million in Somalia, nearly half a celebrated the hard work of organiza- namese, and Serbo-Croatian, reflecting million from the Democratic Republic tions such as the Office of the United just a few of the many languages spo- of Congo. These stunning numbers rep- Nations High Commissioner for Refu- ken by the diverse student population. resent the human cost of humanity’s gees and other voluntary agencies dedi- Not only do the Vermont-born students inability to live in peace. These seem- cated to serving refugees. The day also learn a little more about the world ingly endless millions represent moth- acknowledged the personal contribu- from their classmates who are refu- ers who struggle to feed their babies, tions of volunteers in the United gees, but they also learn an important children unable to go to school, fami- States and around the world to help lesson about the resolve and durability lies without dependable access to clean refugees resettle in their communities. of the human spirit. water or food or medical care. They are Finally, World Refugee Day raised While I am proud of the United without homes, and if the world is si- awareness about the challenging condi- States’ long-standing commitment to lent to their pleas for aid, they will be tions faced by refugees, whether they refugees, I believe that we as law- without hope. are fleeing violence and persecution, or makers can do better for the world’s Fortunately, this human tragedy has waiting in a camp, hoping that a safe most vulnerable populations. That is prompted global action, with the nation will welcome them and provide why I introduced S.3113, the Refugee United States in the lead. The Refugee them security. Protection Act of 2010. The bill will Act of 1980 guides U.S. policy with re- The last 10 years have not been easy bring the United States back into com- gards to refugees, and since its passage, for refugees. War and conflict around pliance with the Refugee Convention. more than two and a half million peo- the globe have produced more refugees, Through modifications to the statute ple forced from their homes have been yet the financial crisis and global eco- and misinterpretations of law in court resettled in the United States. Of the nomic downturn have made it more dif- decisions, the United States is falling more than 112,000 refugees who found ficult for comparatively wealthy coun- short in some areas of refugee protec- refuge in countries other than their tries to contribute funds to support ref- tion. The bill corrects serious problems home in 2009, about 80,000, or nearly ugees and resettlement programs. For in our law, such as the material sup- three-quarters, were resettled in the refugees recently resettled in the port provision, which can prevent inno- United States. United States, the high unemployment cent victims of persecution from gain- Despite our commitment to aiding rate, increased demand for low income ing protection. It also repeals the one- refugees and to finding them new housing, and strain on community year filing deadline for asylum seekers homes, our current policies often stand service providers has made it more dif- in the United States. The deadline was in the way of fulfilling our responsi- ficult for these new Americans to start unnecessary when it was added to the bility to help. Current law and admin- to build their new lives. law in 1996, and remains unnecessary istrative practice too often put unnec- After the September 11, 2001, attacks, now. The bill also improves due process essary burdens on those seeking asy- certain changes to U.S. asylum law protections for asylum seekers without lum here, even barring some who hope were enacted that have the effect of de- lowering the standards that one must to escape the worst sorts of violence nying protection to genuine refugees, meet in order to gain refugee status. and persecution from entering the such as child soldiers and women For resettled refugees in the United United States. forced into sexual slavery, if their co- States, the bill ensures that per capita Seeking to address these problems, I erced actions are labeled as ‘‘material grants to assist these new Americans have joined Senators LEAHY and DUR- support’’ for terrorism. are adjusted every year to reflect the BIN in sponsoring the Refugee Protec- Throughout this difficult time, I cost of living and inflation. The Obama tion Act of 2010. Our legislation would have remained proud of the role that administration raised the per capita extend protections for those seeking our country plays in supporting refu- grant level this year after it had lan- asylum in the United States; reform gees and internally displaced persons guished at an unacceptably low level the process by which asylum seekers abroad and helping refugees resettle in for years. I commend that action, but can be expelled from this country; the United States. Since the 1980 Ref- want to ensure the number does not re- modify existing law to ensure that le- ugee Act was enacted, more than 2.6 main stagnant. gitimate asylum-seekers are not inad- million refugees and asylum seekers I thank Senators LEVIN, AKAKA, DUR- vertently caught up in antiterrorism have been resettled in the United BIN, and BURRIS for their support of the protections while ensuring that terror- States. Refugee Protection Act. I hope that on ists are unable to manipulate the sys- My home State of Vermont has wel- World Refugee Day, others will join us tem to gain entry; and ease the path to comed more than 5,300 refugees since in helping victims of persecution resettlement for asylum-seekers and 1989. In 2001, the same year as the first worldwide. their families. Failing to remedy these World Refugee Day, the first group of Mr. LEVIN. Mr. President, this Sun- gaps in our refugee law would carry a the ‘‘Lost Boys’’ of Sudan was resettled day, June 20, the world will observe the great human cost. As Dan Glickman, in Vermont. These boys had traveled tenth annual World Refugee Day. On the president of Refugees Inter- hundreds of miles by foot to escape war this day, we call attention to human- national, testified to the Judiciary and ethnic- and religious-based perse- ity’s efforts, through the United Na- Committee during a hearing on our bill cution. They were warehoused in ref- tions, the work of individual govern- last month, ‘‘The Refugee Protection ugee camps in Kenya and Ethiopia be- ments, and of nongovernmental organi- Act will help us do the right thing by

VerDate Mar 15 2010 02:31 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\G17JN6.038 S17JNPT1 smartinez on DSKB9S0YB1PROD with SENATE S5106 CONGRESSIONAL RECORD — SENATE June 17, 2010 creating a more efficient and fair proc- have been sharply curtailed. Economi- The riots started as a Uighur protest over ess for providing safe haven to the cally, they lag well behind the ethnic a government investigation into a Uighur- world’s most vulnerable.’’ Han population. Han brawl at a southern Chinese factory. We face this continuing challenge I condemn the continued repression Several days of violence brought the official death toll to 197, with 1,700 injured, though without one of the world’s most elo- of the Uighurs, as well as the violence observers suspect the casualty count to be quent and effective advocates for the perpetrated against all innocent civil- much higher. Most of the dead were Han, ac- world’s refugees. Senator Ted Kennedy ians in China, and I call on the Chinese cording to authorities. The government offi- led the drive to pass the original Ref- government to bring this reprehensible cially acknowledged detaining nearly 1,500 ugee Act of 1980. He was a tireless ad- behavior to an end. I also reiterate my people after the riots. As of early March, vocate for the innocent victims of con- call from last year on the Chinese gov- Xinjiang had officially sentenced 198 people, flict, religious persecution and ethnic ernment to open Internet and mobile with 25 death sentences. Of those 25, 23 were hatred. As we approach another World Uighur. phone access, end jamming of inter- The events forced China’s national and re- Refugee Day, we would benefit enor- national broadcasting, and lift the gional governments to address, at least su- mously from his leadership, but we can grave and growing restrictions on the perficially, taboo issues of ethnic conflict, gain inspiration from his example. So press. If China is going to assume a po- discrimination and socioeconomic inequal- long as there are people forced from sition of leadership in the inter- ity. The central government in April named their homes by war and persecution, national community on par with its a different Communist Party secretary for this Nation will have a responsibility economic standing, it must lead by ex- Xinjiang, Zhang Chunxian, who promptly an- to act, and the Refugee Protection Act ample in granting essential freedoms nounced that he had ‘‘deeply fallen in love is an important opportunity to do so. with this land.’’ In May, the government an- and human rights to its citizens. nounced a new development strategy to pour f I ask unanimous consent that the $1.5 billion into the region. It also restored Washington Post article entitled ‘‘One UIGHUR PROTESTS IN URUMQI full Internet and text-messaging access to year later, China’s crackdown after the region after limiting or blocking it en- Mr. KAUFMAN. Mr. President, it has Uighur riots haunts a homeland’’ pub- tirely for 10 months. been nearly a year since deadly ethnic lished on June 15 be printed in the The riots ‘‘left a huge psychic trauma on rioting between ethnic Han Chinese RECORD. the minds of many people of all ethnicities. and the native Uighur population en- There being no objection, the mate- This fully reflects the great harm done to gulfed the city of Urumqi in China’s the Chinese autonomous region by ‘splittist’ rial was ordered to be printed in the forces,’’ said Wang Baodong, a spokesman for vast, far-western region of Xianjiang— RECORD, as follows: the Chinese Embassy in the United States. one of the worst ethnic clashes in [From Foreign Service, The ability to confront what happened last China in decades. June 15, 2010] July, and why, still eludes people of all eth- Last year, after the protests began, I ONE YEAR LATER, CHINA’S CRACKDOWN AFTER nic groups in Xinjiang. White-knuckled, they spoke on the floor, expressing my con- UIGHUR RIOTS HAUNTS A HOMELAND hold their spoons above steaming bowls of mutton stew, poking nervously at the oily cern about human rights abuses and a (By Lauren Keane) surface. They fiddle with their watchbands lack of press freedom in Xianjiang, as URUMQI, CHINA.—A hulking shell of a de- demonstrated by the decision by the until they break. They repeat questions partment store towers over this city’s rather than answer them. They glance Chinese government to block access to Uighur quarter, a reminder of what can be through doorways, distracted, and shift side journalists, which prevented the world lost here by speaking up. to side in their chairs. Summer’s full swelter from knowing the truth of what was For years, it was the flagship of the busi- has yet to arrive, but everyone starting to occurring. Unfortunately, it is now ness empire of Rebiya Kadeer, an exiled lead- speak to a reporter begins to sweat. One man clear that things were even worse than er and matriarch of the Uighur people. If leaves the table six times in half an hour to we knew at the time. Chinese government accounts are accurate, rinse the perspiration from his face. He re- she helped instigate fierce ethnic riots that turns unrefreshed. The Chinese police, the People’s killed hundreds and injured thousands here Armed Police, and the military re- When asked what changes the riots had last July—an accusation she vehemently de- brought, Mehmet, a former schoolteacher sponded with a heavy hand, conducting nies. who resigned last year because he opposed many large-scale sweep operations in Still a prominent landmark even in its requirements that he teach his Uighur stu- two mostly Uighur areas of the city, ruin, the Rebiya Kadeer Trade Center was dents primarily in Chinese, took a long operations that reportedly continued partially confiscated by the government in glance around the room before pointing at least through mid-August of 2009. 2006 when Kadeer’s son was charged with tax halfheartedly out the door. ‘‘They built a Internet and text-messaging services evasion, although tenants were allowed to new highway overpass,’’ he said. stay. After the riots, it was shuttered and were immediately limited or cut off, Suspicion of fellow citizens is still common slated for destruction. The government said throughout China but seems especially acute and were only restored last month, de- the building had failed fire inspections, but here. Academics accept interviews only if priving the people of Xianjiang from it seems in no hurry to set a demolition they can avoid discussing the conflict’s lin- access to news, information, means of date. gering effects. An apologetic professor communication, and other benefits of The forsaken structure makes for an effec- backed out of a planned meeting after his su- connective technology. tive deterrent. Last summer’s chaos has been pervisor discovered his plan, called him and The official death toll from the July replaced with a level of fear that is striking threatened his job. A businessman said that 5, 2009, rioting was reportedly 197— even for one of China’s most repressed re- he believed government security agents gions. Residents are afraid of attracting any often trained as journalists, and asked how though human rights observers say the attention, afraid of being in the wrong place actual number of casualties is higher. he could be sure that he would not be turned at the wrong time. But they seem most terri- in. At least 1,700 people were injured, and fied of talking. ‘‘We’re seeing increasingly intrusive modes some 1,500 people, by the government’s ‘‘Every single family on this block is miss- of control over religious and cultural expres- own account, were detained. According ing someone,’’ said Hasiya, a 33-year-old sion,’’ said Nicholas Bequelin, a Hong Kong- to an insightful article published in the Uighur who asked that her full name not be based senior researcher at Human Rights Washington Post this week, as of early used. Her younger brother is serving a 20- Watch. ‘‘They live in fear of being over- March, there have been 25 death sen- year prison sentence for stealing a carton of heard.’’ cigarettes during the riots. ‘‘Talking about The Kadeer Trade Center is at the center tences among the 198 people officially our sorrow might just increase it. So we of a protracted conflict. The Urumqi govern- sentenced. Twenty-three of those 25 swallow it up inside.’’ ment said that compensation talks with ten- were ethnic Uighurs. Fear is not unwarranted here. For years ants were still ongoing, and that it had The Post, which sent a reporter to now, those caught talking to journalists moved the tenants to a nearby location. A Urumqi for a look at the city 1 year have been questioned, monitored and some- spokesman for Kadeer, who now lives in after the riots, reports that residents times detained indefinitely. More striking is Fairfax, said she had not been offered com- ‘‘seem most terrified of talking,’’ and that residents now say they cannot talk even pensation. not just with journalists but also with with one another. Although the government says it is striv- The Turkic-speaking Muslim Uighurs con- ing for stability, getting there is uncomfort- each other. Uniformed and plainclothes sider Xinjiang their homeland but now make able. On a single street near this city’s main police officers are pervasive, the news- up only 46 percent of the region’s population, bazaar, four different types of uniformed po- paper reports. Most Uighurs are Sunni after decades of government-sponsored mi- lice were on patrol one recent day—not Muslims, but their religious freedoms gration by China’s Han ethnic majority. counting, of course, an unknown number of

VerDate Mar 15 2010 02:31 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\G17JN6.028 S17JNPT1 smartinez on DSKB9S0YB1PROD with SENATE June 17, 2010 CONGRESSIONAL RECORD — SENATE S5107 plainclothes security guards. They marched Family truly shine is their commit- over 500 calls for service every year in haphazardly along the sidewalks, the dif- ment to serving pregnant women and their 2 square mile service area, and as- ferent units so numerous that they some- babies in the West Bank, regardless of sist on calls from mutual aid areas in- times collided. Late into the evening, they religion or race. Despite this commit- cluding wild land fires on national for- perched on rickety school desk chairs placed throughout the bazaar, watching. On the cor- ment, more than 90 percent of Holy est land. ner outside Xinjiang Medical University, Family’s patients are Muslim. Backed As the community celebrates the Ne- armed police in riot gear peered out the win- by U.S. dollars—and I am proud to vada City Fire Department’s sesqui- dows of an olive green humvee or leaned on have secured $3.5 million for the hos- centennial anniversary, I would like to riot shields under the afternoon sun. pital in 2005—Holy Family not only congratulate and thank all of the brave ‘‘It’s quiet here on the surface,’’ said Yu gives the unborn a chance at life in a men and women of the Nevada City Xinqing, 35, a lifelong Han resident of troubled part of the world, it also Fire Department who have proudly Urumqi whose brother was killed by Uighurs works to dispel the false notions that served their community over the past during the riots. He now carries a knife with 150 years.∑ him everywhere, avoids Uighur businesses America is at war with the Muslim and rarely speaks with Uighur neighbors he world and sides only with the Israeli f previously considered friends. He says he is people. AUGUSTA STATE UNIVERSITY saving money to leave Xinjiang behind for Holy Family Hospital is one of the MEN’S GOLF TEAM good. most successful and touching examples ∑ ‘‘We don’t talk about these things, even of Smart Power in the Middle East— Mr. CHAMBLISS. Mr. President, within our families,’’ he said. ‘‘But our where through non-military engage- today I congratulate the Augusta State hearts are overwhelmed; we hold back rivers ment, like diplomacy, education, and University men’s golf team on their and overturn the seas.’’ in this case, humanitarian assistance, historic NCAA Championship win last Still, every once in a while, when a resi- week. dent is safely alone with a neutral observer, we can win hearts and minds, a nec- essary first step to peace. On June 6, 2010, Augusta State beat months’ worth of stifled thinking tumbles Oklahoma State 3–3-1 in the champion- out. That was the case for Ablat, a Uighur Dr. Tabash is a Christian Palestinian businessman who sells clothing near the doctor. Born in Bethlehem himself, it ship match of the 112th NCAA Division main bazaar; he would not allow his last is Dr. Tabash, and his endless devotion I Championships. ASU’s Henrik Norlander, Patrick name to be mentioned. Ablat had been to serving the most vulnerable in Beth- Reed, Mitch Krywulycz, Taylor Floyd speaking in vague, evasive terms for three lehem—pregnant mothers and babies— hours, and then—ensconced in his car, speed- and Carter Newman had already de- that has made the hospital the success ing north out of town—something finally re- feated No. 3 Georgia Tech and the No. story it is today. Dr. Tabash is the rare leased. 2 Florida State to bring them to the individual who recognizes that the ‘‘Give us jobs, stop holding our passports championship. All that was left now work of one person—every person—can hostage, and let us worship the way we want was Oklahoma State, the No. 1 team in to,’’ he said. ‘‘That would solve these prob- make a difference. Through his work, lems. That is all it would take.’’ the country. Dr. Tabash has saved thousands of ba- The win seemed unlikely. Oklahoma f bies’ lives and touched countless more. State was not only ranked higher, but On the occasion of Dr. Tabash’s re- ADDITIONAL STATEMENTS had more funding, more experience and tirement I offer gratitude and con- more championship titles. They were gratulations for the good Doctor’s con- giants in the golf world. TRIBUTE TO DR. ROBERT TABASH tributions—to the lives of many moth- In addition, Taylor Floyd was sick. ers and babies and to the long-hoped ∑ So sick, that it seemed as though he Mr. BOND. Mr. President, today I dream of peace in the Middle East.∑ wish to extend my thanks to Dr. Rob- couldn’t play. f ert Tabash for dedicating his career to But Augusta State was determined. the Holy Family Hospital in Beth- NEVADA CITY FIRE DEPARTMENT They had tried to win 11 times before this and failed. This was their year to lehem, Palestine. Thanks to his con- ∑ Mrs. BOXER. Mr. President, I am cern for the people of Palestine, Dr. win. pleased to recognize the 150th anniver- So, at the Honors Course just north Tabash has created a hospital that is sary of the Nevada City Fire Depart- of Chattanooga, TN, ASU did just that. truly an oasis of peace in the troubled ment in Nevada City, CA. Its win was not only the first NCAA region and is a shining example of hu- The Nevada City Fire Department championship title in Augusta State’s manitarian assistance. was formed in June 1860 after a group history, but also marked the team’s Dr. Tabash’s work to build an oasis of of local women set up theatrical shows 10th straight top-five finish of the sea- peace to serve mothers and babies in and a ball to raise funds to form a fire son. conflict-torn Palestine has not been an department. The fire department began And they deserved to win. Through- easy road. After serving as a staff phy- with three fire companies: the Nevada out the tournament they played with sician beginning in 1971, Dr. Tabash Hose Company No. 1; Eureka Hose heart, played with courage and played was appointed the Director of Adminis- Company No. 2; and the Protection with sportsmanship. They became gi- tration to the Holy Family Hospital in Hook and Ladder Company No. 1. In ants on that course. 1985. That same year the hospital was 1861, the first fire station was built to They not only made Augusta State forced to close due to the Arab-Israeli house the volunteer fire departments proud but the Augusta and the State of conflict. After a 5-year renovation pe- in downtown Nevada City and had a Georgia proud. riod, Dr. Tabash’s vision finally came service area of about 1 square mile. But no one could be prouder than to life when the hospital was inaugu- Over the years, the Nevada City Fire ASU’s head coach Josh Gregory. As rated. That same year, Dr. Tabash saw Department has evolved to meet the tears pooled in his eyes, he said, ‘‘This the first baby born in the new facility. growing needs of Nevada City. In 1938, means everything. This is a dream Since, the hospital has successfully de- a new city hall and fire station were come true, and they are incredible livered over 50,000 newborns. With the built and, in 1960, the first paid fire players.’’ only neonatal intensive care unit in chief was hired. Nearly four decades Gregory’s commitment and dedica- the area, Holy Family Hospital has later, in 1999, a new fire station was tion to his team has resulted in four amazingly limited the mortality rate built to accommodate the department’s NCAA championships appearances, the to around 2 percent, on par with West- needs. In 2000, the city hired its first most by any coach in school history. ern hospitals and remarkably different paid fire fighter to staff the fire station We can all be inspired by the story of than the roughly 30 percent mortality during the day and, by 2003, three paid this small school and its struggle to rate found in government-run hospitals fire fighters were hired to man the fire victory. Its hard work and persever- in the West Bank. station 24 hours a day. ance is unparalleled, and I am grateful This impressive success rate with Today, the Nevada City Fire Depart- that they have represented our state so high risk pregnancies and track record ment has 20 employees serving over well. for saving premature babies makes the 3,000 residents with three fire engines Once again, I would like to offer my Hospital special. But what makes Holy and two fire stations. They respond to congratulations to the Augusta State

VerDate Mar 15 2010 02:31 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\G17JN6.075 S17JNPT1 smartinez on DSKB9S0YB1PROD with SENATE S5108 CONGRESSIONAL RECORD — SENATE June 17, 2010 University team on this special occa- devastating ice storm crippled much of REMEMBERING ROBERT DEAN sion, and wish its players the best of rural southwestern North Dakota, MOORE luck as they defend this title over the leaving many without power. While the ∑ Mr. JOHNSON. Mr. President, today next year.∑ residents of Carson lost power for ap- ∑ I wish to recognize the inspirational Mr. ISAKSON. Mr. President, today I proximately four days themselves, they life and dedicated service of Robert honor in the Senate the men’s golf helped to serve the people of several Dean Moore. It has been my great team at Augusta State University and surrounding communities who went honor to know Robert for many years congratulate them on their new title— without electricity for nearly a month. and to consider him a friend. I have al- National Champions. This is just one example of the resil- ways appreciated his guidance and in- On June 6, 2010, Henrik Norlander, ience of the people of Carson. sight on issues impacting American In- Patrick Reed, Mitch Krywulycz, Taylor To celebrate the town’s centennial, dian tribes in South Dakota and Floyd, and Carter Newman won the Na- the residents of Carson have planned a throughout Indian Country. tional Collegiate Athletic Association number of festivities. They will gather Robert was born on May 3, 1963. He Division I National Championship in for an all-school reunion, an alumni was an enrolled member of the Rosebud dramatic fashion at The Honors Course basketball game, attend a Bull-A- Sioux Tribe and a proud graduate of in Ooltewah, TN. These fine young men Rama, and participate in other Sinte Gleska University in Mission, played outstanding golf throughout the celebratory festivities. SD. Robert passed away on May 29, entire tournament, including wins I ask the U.S. Senate to join me in 2010. His family, friends, and extended against the No. 3 seed Georgia Tech congratulating Carson, ND, and its community have lost a great leader and the No. 2 seed Florida State. How- residents on their first 100 years and in and dear friend. His funeral was held on ever, in the final match, they soared wishing them well through the next June 5, 2010, and the outpouring of and played like true professionals. The century. By honoring Carson and all memories and tributes at the service team defeated 10-time national cham- the historic small towns of North Da- reflected the widespread impact that pion and No. 1 seed Oklahoma State to kota, we keep the great pioneering Robert had on so many lives. bring home the trophy. This is the first frontier spirit alive for future genera- Robert represented South Dakota as of no doubt many national champion- tions. It is places such as Carson that a delegate to the Democratic National ships to come for Augusta State Uni- have helped shape this country, which Convention. Robert was an incredibly versity. is why this fine community is deserv- In addition, on June 15, 2010, Coach ing of our recognition. talented singer, and in 1996 and 2008, he Josh Gregory was named Coach of the Carson has a proud past and a bright gave powerful renditions of the Na- Year by the Golf Coaches Association future.∑ tional Anthem to the delegates. I was also fortunate enough to have him sing of America. Coach Gregory has played f such a vital role in the team’s success, during my first swearing in ceremony KUAKINI HEALTH SYSTEM and I am proud to honor him. Coach in the U.S. Senate in 1997. Gregory recently completed his eighth ∑ Mr. INOUYE. Mr. President, I wish to In the early 1990s, Robert served as a year as Director of Golf and Head recognize the 110th anniversary of the staff member for my colleague, Sen- Men’s Golf Coach at ASU and has guid- Kuakini Health System. This great in- ator Tom Daschle. It was during his ed the Jaguars to the best season in stitution of Hawaii was born from ne- time in Senator Daschle’s office that school history this year. ASU posted cessity and boundless compassion for Robert developed an in-depth under- four tournament victories, matched others. From the humble beginnings of standing about Federal Government the highest national ranking in school 38 beds, the Kuakini Health System’s and the legislative process. Robert ad- history at No. 2, and registered 10 con- hospital has grown to serve a 250-bed vised Senator Daschle on Indian affairs secutive top-five finishes to close out occupancy. This impressive establish- and excelled in that position. He would the season. ment has marked the lives of countless utilize this valuable perspective to ben- I salute this team on their work people and has indeed laid the founda- efit the Lakota people for the rest of ethic, including playing through ill- tion for a legacy that will endure for his life. Robert also worked to raise ness, and their big win as a result of years to come. awareness in Congress about the Fed- their efforts. I am pleased to acknowl- I am proud to honor the Kuakini eral trust responsibility and the unique edge the great achievement of these Health System. Through the unwaver- government-to-government relation- young men and to extend my deepest ing dedication to serve those in need, ship between the Federal Government congratulations.∑ its staff has played a pivotal role in the and Indian tribes. Later, Robert moved to Denver to work for the Federal f health care of Hawaii’s residents. Since its inception, the standards of high Emergency Management Agency, CARSON, NORTH DAKOTA quality care were set as the basis for FEMA, in their tribal government divi- ∑ Mr. CONRAD. Mr. President, today I this medical center and though it has sion. He worked with tribes in Great wish to recognize a community in been many years, these core values Plains region on disaster mitigation North Dakota that will be celebrating were never lost and the aspiration for and in other times of need. its 100th anniversary. From June 25–27, excellence has only amplified. Such at- Robert was elected to a 4-year term the residents of Carson will gather to tributes can be exemplified through the on the Rosebud Sioux Tribal Council in celebrate their community’s history many accomplishments that have set 2004. His passion for advocating for the and founding. this center apart from all others in Ha- Sicangu Lakota and other tribes of the The rural post office opened on Au- waii. It leads in the fields of oncology, Great Sioux Nation was never more ap- gust 11, 1902, in Carson. A man by the geriatric and cardiac care, gastro- parent than when he worked on health name of John Erickson suggested the enterology services, orthopedic sur- care issues. He was a leader for Amer- name Zelma for the town, after the gery, pulmonary disease treatment, ican Indian health issues on the na- daughter of a local rancher. However, and telemedicine and cyberhealth. The tional level, often representing the the selected name of Carson was coined commitment demonstrated by all its tribes of the Great Plains region both by combining the names of local set- members is commendable and a model to the National Congress of American tlers, Frank Carter and Simon and of distinction. The Kuakini Health Sys- Indians and to the Tribal Technical Ad- David Pederson. A few years later, the tem is and will always remain an inte- visory Committee for the Centers for city merged with the rival town site of gral part of Hawaii’s community. They Medicare and Medicaid. I am truly North Carson when the Northern Pa- have my respect and profound appre- sorry that Robert did not live to see cific Railroad brought the two commu- ciation for their steadfast ambition the effects of increased reimburse- nities together. It became the county and the necessary work they do. ments for Medicaid nor full implemen- seat of Grant County when the county Mr. President, I ask my colleagues to tation of the Indian Health Care Im- organized in 1916. join me in acknowledging this truly re- provement Act; however, those who Today, Carson remains a small, markable occasion for the Kuakini witnessed his efforts will never forget proud community. Just this year, a Health System.∑ his tireless involvement.

VerDate Mar 15 2010 04:18 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\G17JN6.022 S17JNPT1 smartinez on DSKB9S0YB1PROD with SENATE June 17, 2010 CONGRESSIONAL RECORD — SENATE S5109 I greatly admired Robert’s under- nificant amount of small diameter Founded in 1920, Westark Area Coun- standing of the cultural value and im- wood that increases the risk of fire and cil serves 17 counties in northwest Ar- portance of family. He was a dedicated disease. Finding new ways to utilize kansas. son, showering his parents, Marrles and small diameter wood will improve for- Under the current leadership of Frances, with genuine care and love. est health and has the potential to off- Bryan Feather, Scout executive and Robert’s countless accomplishments, set carbon emissions by utilizing wood, CEO, and Dr. Paul Beran, president, from his memorable vocal talents to a renewable resource, as a building ma- the Westark Area Council helps Scouts his unfailing public service, will live on terial. Right now, the Forest Products gain a sense of pride, self-confidence for many years to come. Robert dem- Laboratory is developing better ways and responsibility. Scouting instills onstrated an admirable love of life and to utilize small diameter wood for en- virtues that are an integral part of commitment to others, which ought to ergy production and as a ‘‘green’’ shaping a young person’s life, and they serve as an inspiration for all of us.∑ building material. I am confident that can be essential in building the strong ∑ Mr. THUNE. Mr. President, today I the Forest Products Laboratory will character of a leader. pay honor to Robert Dean Moore of continue to provide creative solutions I extend my heartfelt congratula- Mission, SD, who passed away on May to effectively manage our national tions to each and every scout, scout- 29, 2010, after a courageous battle with wood resources and create a green master, volunteer, parent, staff mem- cancer. He is survived by his parents, economy. ber, and alumni of the Westark Area Reverend and Doctor Marrles and On behalf of our State and Nation, I Council as they celebrate this mile- Frances Moore, and his brother and sis- thank the FPL for a century of re- stone.∑ ter-in-law, Reverend Jack and Nancy search that has improved the lives of f every American and the health of our Moore. TRIBUTE TO GENE STALLINGS Robert dedicated his life to improv- Nation’s forests.∑ ∑ Mr. SHELBY. Mr. President, today I ing the health and well being of all Na- f honor Coach Gene Stallings, who will tive Americans, including members of CELEBRATION SINGERS OF be inducted into the College Football the Rosebud Sioux Tribe, of which Rob- CENTRAL ARKANSAS Hall of Fame on July 18, 2010. ert was an enrolled member. This mis- ∑ Mrs. LINCOLN. Mr. President, today Eugene Clifton Stallings was born sion led him into public service, where March 2, 1935, in Paris, TX. As a young he was elected as a Rosebud Sioux trib- I recognize the Celebration Singers of Central Arkansas, who will be per- man, Gene was an accomplished ath- al councilman as well as being a mem- forming this weekend at the National lete who demonstrated his natural ber of the Aberdeen Area Tribal Chair- Cathedral in Washington, DC, as the leadership as the captain for the Paris man’s Health Board. Robert was not feature choir for the 2010 Nation’s Cap- High School football, baseball, and golf only a vocal supporter of enactment of ital Festival of Youth Choirs. This teams. Whether on the gridiron, the di- the Indian Health Care Improvement group of 60 young singers from Sher- amond, or the links, his abilities were Act earlier this year, he was also a wood and North Little Rock represent readily apparent. These talents coupled strong advocate for better research, the best of Arkansas, and I am pleased with a tireless work ethic earned him a education, and prevention of tribal that they will be able to share their football scholarship at Texas A&M Uni- youth suicide. talents at this special performance. versity, where he would play end for In addition to his dedication to pub- The Celebration Singers Choir is an Coach Paul ‘‘Bear’’ Bryant. lic service and the betterment of his award-winning choir comprised of stu- At Texas A&M, Stallings would ulti- people, Robert lived his life with a dents in 6th through 12th grade, and mately help the Aggies bring a South- strong foundation in his faith. He was serves as the premier worship choir for west Conference Championship back to also blessed with an exceptional vocal the Student Ministry at Cornerstone College Station. But the road to vic- talent that allowed him to touch many Bible Fellowship in Sherwood, AR. tory was paved with hardship, and it across the country through perform- In addition to singing at Sunday wor- ran through Junction, TX. ance. ship services throughout the year, the When Bryant first signed on as the Robert Dean Moore’s devoted service choir takes an extensive mission tour head coach for Texas A&M’s football to the people of the Rosebud Sioux every other summer as they share team in 1954, more than 100 players Tribe and the rest of Indian Country is God’s love through music and fellow- were listed on the Aggies’ roster. What an inspiration to us all.∑ ship with people in other churches, players were left after a grueling f nursing homes, retirement centers and spring and summer regimen attended a preseason camp at an adjunct campus FOREST PRODUCTS LAB various shelters that assist people in in Junction. After 10 days of practicing ∑ crisis and other needs. Mr. KOHL. Mr. President, the Forest Under the leadership of conductor during a record Texan drought and Products Laboratory, FPL, in Madison, Eddie W. Airheart, the choir has per- heat that at times reached 100 degrees WI, was established in 1910 to ‘‘promote formed across the United States, in- Fahrenheit, less than 40 players re- healthy forest and forest-based econo- cluding at the Cathedral of St. John mained to take the field as the 1954 mies through the efficient, sustainable the Divine, New York’s Battery Park, Aggies. Gene Stallings was among the use of American wood resources.’’ This St. Patrick’s Cathedral, and the United strong that survived and have since month we celebrate the 100 year anni- States Naval Academy Chapel in An- been known simply as the Junction versary of the establishment of the napolis, MD. The choir has also per- Boys. FPL. I would like to congratulate all formed across Central Arkansas at The The Junction Boys returned to cam- past and present employees for the Cathedral of St. Andrew, First Pres- pus stronger, with a clearer sense of FPL for a century of service to the byterian Church, and St. James United purpose and unity. Though their suc- American public and their steadfast de- Methodist Church. cess was not immediate—the 1954 votion to developing new and innova- I commend these young people for Aggies won only one game—they per- tive usages for wood and wood prod- their dedication to serving others severed. These men, forged in the ucts. through music and worship.∑ Texas heat, kept working through Over the years their research has led f these setbacks and losses. to many improvements and break- The Aggies would finish the 1956 sea- throughs in wood utilization. Early re- WESTARK AREA COUNCIL BOY son as undefeated Southwestern Con- search at the laboratory focused on SCOUTS OF AMERICA ference Champions, thanks in no small timber testing, wood preservation, and ∑ Mrs. LINCOLN. Mr. President, today part to the resolve of the Junction wood chemistry. Today, the mission of I recognize the Westark Area Council Boys that lead that team. They dem- the FPL has never been more relevant. Boy Scouts of America as they cele- onstrated the truth of the Bear’s sim- Our Nation’s forest can help solve some brate the 90th anniversary of their ple philosophy: ‘‘the price of victory is of the greatest challenges our nation founding with a day of recreation, fun, high, but so are the rewards.’’ faces such as climate change and en- and learning at Camp Orr, on the Buf- Stallings finished his playing career ergy security. Forests contain a sig- falo River north of Jasper, AR. after the 1956 season, but his football

VerDate Mar 15 2010 02:44 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\G17JN6.029 S17JNPT1 smartinez on DSKB9S0YB1PROD with SENATE S5110 CONGRESSIONAL RECORD — SENATE June 17, 2010 career was far from over and would Stallings has also been a prolific years. In 1981, the company acquired soon flourish. He followed Bryant to fundraiser for the RISE School at Pond Telephone Company, and the University of Alabama in 1958 and University of Alabama, which provides two decades later, purchased Revolu- served as an assistant coach for the family-oriented services to children tion Networks to continue growing its 1961 and 1964 National Championship with developmental disabilities. When reach. By 2004, Oxford was able to pro- teams. After helping restore the win- he returned to the Capstone, the RISE vide cable television, Internet, phone, ning Tradition of the Crimson Tide, School had devoted educators and a and long distance service, one of Coach Stallings returned to his alma special cause, but the underfunded pro- Maine’s only facility-based competitive mater, where he would lead the Aggies gram languished in subpar facilities. providers to do so. Additionally, the to another Southwestern Conference RISE’s staff worried that each year company’s fiber optic backbone net- Championship in 1967. would be their last. work presently spreads north as far as Stallings left College Station for the The value of RISE was not truly Bangor and south down to Boston. Dallas Cowboys in 1972. After 18 years known nor its potential realized until A member of 12 different Chambers of in the NFL, he returned to the Cap- Coach Stallings came on the scene. Commerce throughout the State, Ox- stone to lead the Crimson Tide back Following a 2-year capital campaign, ford Networks, which now employs 125, atop the elite of college football yet the RISE School moved to a state-of- has been named a Best Place to Work again. the-art building with six classrooms Company for each of the last four In 1992, Coach Stallings’ Crimson that serve more than 80 students. This years, indicative of the environment Tide, led by a stifling defense and a beautiful building on the Alabama the company fosters for its employees. But beyond this remarkable feat, Ox- workhorse offense, won the inaugural campus is named the Stallings Center Southeastern Conference Champion- ford has demonstrated its commitment in honor of Coach Stallings’ tireless ef- ship game and the National Champion- to others by becoming an active part- forts on RISE’s behalf, and John Mark ship in classic wins over the University ner in the community, supporting a is remembered at the school’s play- of Florida Gators and the University of host of local charities and initiatives, ground, which is named for him. Miami Hurricanes. Scenes from these from the United Way to the Maine Dis- With John Mark’s inspiration and great moments in Crimson Tide history covery Museum. Company employees Coach Stallings’ signature work ethic, are to this day replayed before each raise money for Big Brothers/Big Sis- the RISE program spread from Tusca- and every game at Bryant-Denny Sta- ters each spring during the Bowl for loosa to Austin, Corpus Christi, Dallas, dium. Kids Sake fundraiser, and also partici- In November of 1996, and after coach- Houston, Denver, and Stillwater. pate in walking teams for the Amer- ing the Crimson Tide to seventy vic- Today, families across the country can ican Heart Association’s Heart Walk. tories in 7 years, Stallings announced receive early intervention services for The company has also been the Pre- that he would retire from football for their young children with disabilities. senting Underwriter for the Maine Can- the one thing that he loved more: his The dedicated teachers and administra- cer Foundation’s Pink Tulip Project son John Mark Stallings. John Mark tors of the RISE program teach these since 2007. The project raises money for was born with Down syndrome and was children what they can do, rather than the Maine Cancer Foundation’s Wom- not expected to live past the age of what they cannot. en’s Cancer Fund while paying tribute four. He lived 46 years, proving that For enduring the trials of Junction, to those who have courageously fought uncommon strength is a common trait for passing on these lessons of char- the disease. in the Stallings household. acter, and for helping to grow a culture From its start in the 1890s with a Though he was greatly missed at the that embraces and encourages persons simple telephone connection, Oxford Capstone, it was not hard to under- with disabilities, Eugene Clifton Stal- Networks has transformed the way stand why Coach Stallings left for his lings has certainly proven himself wor- Maine connects with the world. Be- son. John Mark, himself, was much be- thy of being immortalized in the Col- cause of its forward-thinking and inno- loved by the Crimson Tide family. The lege Football Hall of Fame. vative efforts, Oxford is now able to equipment room at the football com- On behalf of the University of Ala- offer a wide range of cutting-edge tele- plex is even named in his honor. John bama, the Crimson Tide faithful, and communications options to its varied Mark was known for his ability to posi- the whole of the great State of Ala- client base of small and large busi- tively impact the people around him bama, I thank Coach Stallings for his nesses, as well as individual residences. with his kind nature and genuine inter- contributions to my alma mater and Indeed, no problem is too large or too est in their lives. After his passing, our community. We are truly fortunate small for this incredible company, athletics director Mal Moore stated for the examples he has set as a player, which continues to impress its cus- that ‘‘For someone who never played or coach and philanthropist.∑ tomers with its rapid responsiveness coached a game, I think John Mark f and quality service. I thank everyone may have touched more Alabama fans RECOGNIZING OXFORD NETWORKS at Oxford Networks for the great work than any other person ever did.’’ they do in the community, and wish ∑ By anyone else’s standards, Coach Ms. SNOWE. Mr. President, today I them continued success in the future.∑ recognize a small telecommunications Stallings’ time in Tuscaloosa was his f most successful, but Stallings doesn’t company from my home State of Maine measure success in wins, trophies, and that has proved itself to be a dedicated TRIBUTE TO CAROLYN ‘‘JEANNE’’ championships. He measures his suc- leader throughout northern New Eng- LAURENCE cess by the lives that he has positively land. Oxford Networks, based in Lewis- ∑ Mr. THUNE. Mr. President, today I affected. As a football coach, he did so ton with offices in Bangor and Norway, recognize Jeanne Laurence, who will by instilling the values of character, has been serving customers across celebrate her retirement from Rapid discipline, and integrity in young men. Maine for over a century, and it has City Area Schools this June after 23 He did just that at every stop on his shown no signs of letting up. years of service. In reaching her retire- coaching path, and, even after football, Alva Andrews, Oxford’s founder, laid ment milestone, Jeanne Laurence is he continues to succeed in affecting his the foundation for the company in 1893 finishing a career that pioneered com- community and our Nation. by setting up phone service between his puter usage within area schools in John Mark inspired his father to ad- family-owned business, located in Rapid City, SD. Jeanne began her ca- vocate on behalf of persons with dis- South Woodstock, and the nearby rail- reer in the real estate field in Wyo- abilities. Coach Stallings worked to road station in West Paris. Seven years ming, but after eight years moved to start a golf tournament to benefit the later, in 1900, Mr. Andrews incor- Rapid City and joined Stevens High Arc of Tuscaloosa County, a local non- porated his firm as Oxford Telephone School as a secretary. At Stevens she profit organization devoted to helping and Telegraph, a provider of telephone tracked student attendance, grades, the intellectually and developmentally services to the local community in and discipline issues. In 1985, the school disabled. This tournament raised more western Maine. district was not equipped with com- than $1 million for the program by the The company has expanded and puters, so Jeanne performed all track- time he left Tuscaloosa in 1996. grown significantly over the last 110 ing and management functions by

VerDate Mar 15 2010 04:17 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\G17JN6.035 S17JNPT1 smartinez on DSKB9S0YB1PROD with SENATE June 17, 2010 CONGRESSIONAL RECORD — SENATE S5111 hand. At the first opportunity to use a for the automatic termination of a na- at 2000 Louisiana Avenue in New Orleans, computer, Jeanne automated most of tional emergency unless, prior to the Louisiana, as the ‘‘Roy Rondeno, Sr. Post Of- her tasks and encouraged administra- anniversary date of its declaration, the fice Building’’. tors, teachers, and secretaries to take President publishes in the Federal Reg- f advantage of this new technology. ister and transmits to the Congress a MEASURES REFERRED Over the next several years, Jeanne notice stating that the emergency is to earned a reputation among co-workers continue in effect beyond the anniver- The following bills were read the first for being an expert on technology solu- sary date. In accordance with this pro- and the second times by unanimous tions. The district quickly recognized vision, I have sent to the Federal Reg- consent, and referred as indicated: Jeanne’s expertise and asked her to de- ister for publication the enclosed notice H.R. 2142. An act to require quarterly per- velop computer classes for fellow staff stating that the emergency declared in formance assessments of Government pro- members. Her knowledge of student Executive Order 13159 of June 21, 2000, grams for purposes of assessing agency per- management automation resulted in with respect to the risk of nuclear pro- formance and improvement, and to establish agency performance improvement officers her appointment to the selection com- liferation created by the accumulation and the Performance Improvement Council; mittee for the district’s first student of a large volume of weapons-usable to the Committee on Homeland Security and information system. fissile material in the territory of the Governmental Affairs. Jeanne’s experience and reputation Russian Federation is to continue be- H.R. 4451. An act to reinstate and transfer led to her selection for a district-wide yond June 21, 2010. certain hydroelectric licenses and extend the position in the newly formed Depart- It remains a major national security deadline for commencement of construction ment of Information Technology. In goal of the United States to ensure of certain hydroelectric projects; to the her new role, Jeanne became the sole that fissile material removed from Committee on Energy and Natural Re- sources. trainer for over 1,500 employees. She Russian nuclear weapons pursuant to developed technology training for new various arms control and disarmament f employees and introduced agreements is dedicated to peaceful EXECUTIVE AND OTHER downloadable video clips to the train- uses, subject to transparency meas- COMMUNICATIONS ing process. The groundwork provided ures, and protected from diversion to The following communications were by Jeanne Laurence in technical edu- activities of proliferation concern. The laid before the Senate, together with cation and training has made a signifi- accumulation of a large volume of accompanying papers, reports, and doc- cant contribution to the professional weapons-usable fissile material in the uments, and were referred as indicated: development of the staff and to the territory of the Russian Federation educational success of the students in continues to pose an unusual and ex- EC–6256. A communication from the Dep- traordinary threat to the national se- uty Associate Commissioner, Office of Regu- the Rapid City Area Schools. Her tire- lations, Social Security Administration, less efforts have brought great credit curity and foreign policy of the United States. For this reason, I have deter- transmitting, pursuant to law, the report of to her school district and to herself. a rule entitled ‘‘Social Security Implementa- Congratulations on a well deserved re- mined that it is necessary to continue tion of Office of Management and Budget tirement.∑ the national emergency declared with (OMB) Guidance for Drug-Free Workplace respect to the risk of nuclear prolifera- f Requirements’’ (RIN0960–AH14) received in tion created by the accumulation of a the Office of the President of the Senate on MESSAGES FROM THE PRESIDENT large volume of weapons-usable fissile June 10, 2010; to the Committee on Health, Messages from the President of the material in the territory of the Rus- Education, Labor, and Pensions. United States were communicated to sian Federation and maintain in force EC–6257. A communication from the Board of Trustees, National Railroad Retirement the Senate by Mrs. Neiman, one of his these emergency authorities to respond to this threat. Investment Trust, transmitting, pursuant to secretaries. law, a report relative to the actuarial status f BARACK OBAMA. of the railroad retirement system; to the THE WHITE HOUSE, June 17, 2010. Committee on Health, Education, Labor, and EXECUTIVE MESSAGES REFERRED f Pensions. As in executive session the Presiding MESSAGE FROM THE HOUSE EC–6258. A communication from the Assist- Officer laid before the Senate messages ant Secretary, Employee Benefits Security from the President of the United At 10:09 a.m., a message from the Administration, Department of Labor, trans- States submitting sundry nominations House of Representatives, delivered by mitting, pursuant to law, the report of a rule which were referred to the Committee Mr. Novotny, one of its reading clerks, entitled ‘‘Final Rule Relating to Time and announced that the House has passed Order of Issuance of Domestic Relations Or- on the Judiciary. ders’’ (RIN1210–AB15) received in the Office (The nominations received today are the following bills, in which it requests the concurrence of the Senate: of the President of the Senate on June 10, printed at the end of the Senate pro- 2010; to the Committee on Health, Education, ceedings.) H.R. 2142. An act to require quarterly per- Labor, and Pensions. formance assessments of Government pro- EC–6259. A communication from the Assist- f grams for purposes of assessing agency per- ant Secretary, Employee Benefits Security formance and improvement, and to establish REPORT OF THE CONTINUATION Administration, Department of Labor, trans- agency performance improvement officers OF THE NATIONAL EMERGENCY mitting, pursuant to law, the report of a rule and the Performance Improvement Council. THAT WAS DECLARED IN EXECU- H.R. 4451. An act to reinstate and transfer entitled ‘‘Adoption of Amendment to the TIVE ORDER 13159 OF JUNE 21, certain hydroelectric licenses and extend the Class Exemption for the Release of Claims 2000, WITH RESPECT TO THE deadline for commencement of construction and Extensions of Credit in Connection with RISK OF NUCLEAR PROLIFERA- of certain hydroelectric projects. Litigation (PTE2003–39)’’ (RIN1210–ZA03) re- TION CREATED BY THE ACCUMU- ceived in the Office of the President of the The message also announced that the Senate on June 15, 2010; to the Committee on LATION OF WEAPONS-USABLE House has agreed to the following con- Health, Education, Labor, and Pensions. FISSILE MATERIAL IN THE TER- current resolution, in which it requests EC–6260. A communication from the Acting RITORY OF THE RUSSIAN FED- the concurrence of the Senate: Senior Procurement Executive, Office of Ac- ERATION—PM 63 H. Con. Res. 242. Concurrent resolution quisition Policy, General Services Adminis- The PRESIDING OFFICER laid be- honoring and praising the National Associa- tration, transmitting, pursuant to law, the report of a rule entitled ‘‘Federal Acquisi- fore the Senate the following message tion for the Advancement of Colored People on the occasion of its 101st anniversary. tion Regulation; Federal Acquisition Cir- from the President of the United ENROLLED BILL SIGNED cular 2005–42; Small Entity Compliance States, together with an accompanying The President pro tempore (Mr. Guide’’ (FAC 2005–42) received in the Office of report; which was referred to the Com- the President of the Senate on June 16, 2010; BYRD) announced that he had signed mittee on Banking, Housing, and to the Committee on Homeland Security and the following enrolled bill, which was Urban Affairs: Governmental Affairs. previously signed by the Speaker of the EC–6261. A communication from the Acting To the Congress of the United States: House: Senior Procurement Executive, Office of Ac- Section 202(d) of the National Emer- H.R. 3951. An act to designate the facility quisition Policy, General Services Adminis- gencies Act (50 U.S.C. 1622(d)) provides of the United States Postal Service located tration, transmitting, pursuant to law, the

VerDate Mar 15 2010 04:17 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\G17JN6.025 S17JNPT1 smartinez on DSKB9S0YB1PROD with SENATE S5112 CONGRESSIONAL RECORD — SENATE June 17, 2010 report of a rule entitled ‘‘Federal Acquisi- respond to requests to appear and tes- 15-year recovery period for qualified lease- tion Regulation; Technical Amendments’’ tify before any duly constituted com- hold improvement property, qualified res- (FAC 2005–42) received in the Office of the mittee of the Senate. taurant property, and qualified retail im- President of the Senate on June 16, 2010; to (Nominations without an asterisk provement property; to the Committee on the Committee on Homeland Security and Finance. Governmental Affairs. were reported with the recommenda- By Mr. BINGAMAN (for himself and EC–6262. A communication from the Acting tion that they be confirmed.) Ms. MURKOWSKI): Senior Procurement Executive, Office of Ac- f S.J. Res. 33. A joint resolution to provide quisition Policy, General Services Adminis- for the reconsideration and revision of the tration, transmitting, pursuant to law, the INTRODUCTION OF BILLS AND proposed constitution of the United States report of a rule entitled ‘‘General Services JOINT RESOLUTIONS Virgin Islands to correct provisions incon- Administration Acquisition Regulation; sistent with the Constitution and Federal GSAR Case 2008–G503, Rewrite of GSAR Part The following bills and joint resolu- law; considered and passed. 505, Publicizing Contract Actions’’ (RIN3090– tions were introduced, read the first f AI71) received during adjournment of the and second times by unanimous con- Senate in the Office of the President of the sent, and referred as indicated: SUBMISSION OF CONCURRENT AND Senate on June 11, 2010; to the Committee on By Mr. HATCH: SENATE RESOLUTIONS Homeland Security and Governmental Af- S. 3501. A bill to protect American job cre- The following concurrent resolutions fairs. ation by striking the job-killing Federal em- EC–6263. A communication from the Broad- ployer mandate; to the Committee on Fi- and Senate resolutions were read, and casting Board of Governors, transmitting, nance. referred (or acted upon), as indicated: pursuant to law, the Semiannual Report of By Mr. HATCH: By Mr. BAYH (for himself, Mr. THUNE, the Board’s Inspector General for the period S. 3502. A bill to restore Americans’ indi- Mrs. MURRAY, Mr. BYRD, Mr. BURRIS, from October 1, 2009, through March 31, 2010; vidual liberty by striking the Federal man- Ms. LANDRIEU, Mr. CASEY, and Mrs. to the Committee on Homeland Security and date to purchase insurance; to the Com- LINCOLN): Governmental Affairs. mittee on Finance. S. Res. 560. A resolution recognizing the EC–6264. A communication from the Assist- By Mr. CARDIN: immeasurable contributions of fathers in the ant Attorney General, Office of Legislative S. 3503. A bill to authorize grants for an healthy development of children, supporting Affairs, Department of Justice, transmit- international documentary exchange pro- responsible fatherhood, and encouraging ting, pursuant to law, an annual report rel- gram; to the Committee on Foreign Rela- greater involvement of fathers in the lives of ative to the activities and operations of the tions. their families, especially on Father’s Day; to Public Integrity Section, Criminal Division, By Mrs. MURRAY: the Committee on the Judiciary. and the nationwide federal law enforcement S. 3504. A bill to establish a public edu- f effort against public corruption for 2009; to cation and awareness program relating to the Committee on the Judiciary. emergency contraception; to the Committee ADDITIONAL COSPONSORS f on Health, Education, Labor, and Pensions. S. 46 EXECUTIVE REPORTS OF By Ms. STABENOW (for herself, Mr. GRAHAM, Mr. FEINGOLD, Mr. BROWN of At the request of Mr. ENSIGN, the COMMITTEES Ohio, and Mr. CASEY): name of the Senator from New Jersey The following executive reports of S. 3505. A bill to prohibit the purchases by (Mr. MENENDEZ) was added as a cospon- nominations were submitted: the Federal Government of Chinese goods sor of S. 46, a bill to amend title XVIII and services until China agrees to the Agree- By Mr. ROCKEFELLER for the Committee of the Social Security Act to repeal the ment on Government Procurement, and for on Commerce, Science, and Transportation. Medicare outpatient rehabilitation other purposes; to the Committee on Fi- *John S. Pistole, of Virginia, to be an As- nance. therapy caps. sistant Secretary of Homeland Security. By Ms. LANDRIEU (for herself and Mr. S. 729 *Earl F. Weener, of Oregon, to be a Member KERRY): of the National Transportation Safety Board At the request of Mr. DURBIN, the S. 3506. A bill to improve certain programs for a term expiring December 31, 2015. name of the Senator from Indiana (Mr. of the Small Business Administration to bet- Mr. ROCKEFELLER. Mr. President, BAYH) was added as a cosponsor of S. ter assist small business customers in ac- 729, a bill to amend the Illegal Immi- for the Committee on Commerce, cessing broadband technology and for other Science, and Transportation I report purposes; to the Committee on Small Busi- gration Reform and Immigrant Respon- favorably the following nomination list ness and Entrepreneurship. sibility Act of 1996 to permit States to determine State residency for higher which was printed in the RECORD on By Mr. FEINGOLD (for himself and Mr. the date indicated, and ask unanimous ENSIGN): education purposes and to authorize S. 3507. A bill to amend the Atomic Energy consent, to save the expense of reprint- the cancellation of removal and adjust- Act of 1954 to require congressional approval ment of status of certain alien students ing on the Executive Calendar that this of agreements for peaceful nuclear coopera- nomination lie at the Secretary’s desk who are long-term United States resi- tion with foreign countries, and for other dents and who entered the United for the information of Senators. purposes; to the Committee on Foreign Rela- The PRESIDING OFFICER. Without tions. States as children, and for other pur- objection, it is so ordered. By Mr. UDALL of New Mexico (for poses. himself and Mr. BROWNBACK): S. 738 *National Oceanic and Atmospheric Ad- S. 3508. A bill to strengthen the capacity of ministration nominations beginning with At the request of Ms. LANDRIEU, the the United States to lead the international David A. Score and ending with Demian A. name of the Senator from Alabama community in reversing renewable natural Bailey, which nominations were received by (Mr. SESSIONS) was added as a cospon- resource degradation trends around the the Senate and appeared in the Congres- world that threaten to undermine global sor of S. 738, a bill to amend the Con- sional Record on June 8, 2010. prosperity and security and eliminate the di- sumer Credit Protection Act to assure By Mr. LEAHY for the Committee on the meaningful disclosures of the terms of Judiciary. versity of life on Earth, and for other pur- John J. McConnell, Jr., of Rhode Island, to poses; to the Committee on Foreign Rela- rental-purchase agreements, including be United States District Judge for the Dis- tions. disclosures of all costs to consumers trict of Rhode Island. By Mr. UDALL of Colorado (for him- under such agreements, to provide cer- Pamela Cothran Marsh, of Florida, to be self, Mrs. SHAHEEN, and Mr. BINGA- tain substantive rights to consumers United States Attorney for the Northern Dis- MAN): under such agreements, and for other S. 3509. A bill to amend the Energy Policy trict of Florida for the term of four years. purposes. Peter J. Smith, of Pennsylvania, to be Act of 2005 to promote the research and de- S. 1055 United States Attorney for the Middle Dis- velopment of technologies and best practices trict of Pennsylvania for the term of four for the safe development and extraction of At the request of Mrs. BOXER, the years. natural gas and other petroleum resources, names of the Senator from Montana Kevin Anthony Carr, of Wisconsin, to be and for other purposes; to the Committee on (Mr. TESTER) and the Senator from Energy and Natural Resources. United States Marshal for the Eastern Dis- Missouri (Mr. BOND) were added as co- trict of Wisconsin for the term of four years. By Mr. CONRAD (for himself, Mr. CORNYN, Mr. GRAHAM, Mr. NELSON of sponsors of S. 1055, a bill to grant the *Nomination was reported with rec- Florida, and Mr. LEMIEUX): congressional gold medal, collectively, ommendation that it be confirmed sub- S. 3510. A bill to amend the Internal Rev- to the 100th Infantry Battalion and the ject to the nominee’s commitment to enue Code of 1986 to permanently extend the 442nd Regimental Combat Team,

VerDate Mar 15 2010 02:44 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\A17JN6.018 S17JNPT1 smartinez on DSKB9S0YB1PROD with SENATE June 17, 2010 CONGRESSIONAL RECORD — SENATE S5113 United States Army, in recognition of to prohibit foreign influence in Federal STATEMENTS ON INTRODUCED their dedicated service during World elections, to prohibit government con- BILLS AND JOINT RESOLUTIONS War II. tractors from making expenditures By Mr. UDALL of New Mexico S. 1137 with respect to such elections, and to (for himself and Mr. At the request of Mr. FEINGOLD, the establish additional disclosure require- BROWNBACK): name of the Senator from Maine (Ms. ments with respect to spending in such S. 3508. A bill to strengthen the ca- COLLINS) was added as a cosponsor of S. elections, and for other purposes. pacity of the United States to lead the 1137, a bill to amend the Elementary S. 3466 international community in reversing and Secondary Education Act of 1965 to At the request of Mr. LEAHY, the renewable natural resource degrada- establish a Volunteer Teacher Advisory names of the Senator from Delaware tion trends around the world that Committee. (Mr. KAUFMAN) and the Senator from threaten to undermine global pros- S. 1334 Wisconsin (Mr. FEINGOLD) were added perity and security and eliminate the At the request of Mrs. GILLIBRAND, as cosponsors of S. 3466, a bill to re- diversity of life on Earth, and for other the name of the Senator from Alaska quire restitution for victims of crimi- purposes; to the Committee on Foreign (Mr. BEGICH) was added as a cosponsor nal violations of the Federal Water Relations. Mr. UDALL of New Mexico. I rise of S. 1334, a bill to amend the Public Pollution Control Act, and for other today to introduce the bipartisan Glob- Health Service Act to extend and im- purposes. prove protections and services to indi- al Conservation Act of 2010 with my S. 3492 viduals directly impacted by the ter- colleague and fellow advocate on inter- rorist attack in on Sep- At the request of Mr. LAUTENBERG, national conservation issues, Senator tember 11, 2001, and for other purposes. the name of the Senator from New Jer- SAM BROWNBACK of Kansas. sey (Mr. MENENDEZ) was added as a co- As our world grows increasingly S. 1553 sponsor of S. 3492, a bill to amend the intertwined through commerce, com- At the request of Mr. GRASSLEY, the Outer Continental Shelf Lands Act to munication, and culture, we must also name of the Senator from Montana require the drilling of emergency relief work together to protect the earth’s (Mr. BAUCUS) was added as a cosponsor wells, and for other purposes. natural resources through conserva- of S. 1553, a bill to require the Sec- tion. This bill acknowledges the impor- S.J. RES. 30 retary of the Treasury to mint coins in tant role our natural resources play in commemoration of the National Fu- At the request of Mr. ISAKSON, the global economics, global health, and ture Farmers of America Organization name of the Senator from Texas (Mrs. global security, and takes steps to and the 85th anniversary of the found- HUTCHISON) was added as a cosponsor of strengthen the United States’ involve- ing of the National Future Farmers of S.J. Res. 30, a joint resolution pro- ment and productivity in conservation America Organization. viding for congressional disapproval on a global scale. S. 1619 under chapter 8 of title 5, United As described in the legislation being At the request of Mr. DODD, the States Code, of the rule submitted by introduced today, competing needs names of the Senator from Maryland the National Mediation Board relating around the world are taxing natural re- (Mr. CARDIN) and the Senator from to representation election procedures. sources that are vital to human sur- Pennsylvania (Mr. SPECTER) were S.J. RES. 32 vival. For example, 500 million people added as cosponsors of S. 1619, a bill to At the request of Mr. INHOFE, his in developing countries depend on fresh establish the Office of Sustainable name was added as a cosponsor of S.J. water from natural areas that are Housing and Communities, to establish Res. 32, a joint resolution recognizing under threat of degradation, and two the Interagency Council on Sustainable the 60th anniversary of the outbreak of billion people depend on rapidly dimin- Communities, to establish a com- the Korean War and reaffirming the ishing fish stocks for a significant prehensive planning grant program, to United States-Korea alliance. source of their daily protein. In con- establish a sustainability challenge trast, wild species provide more than grant program, and for other purposes. S. RES. 548 $300 billion in protection and benefits S. 1859 At the request of Mr. CORNYN, the to world agriculture, including natural name of the Senator from Georgia (Mr. At the request of Mr. ROCKEFELLER, pest control and the pollination of two the name of the Senator from Vermont CHAMBLISS) was added as a cosponsor of thirds of the crop species that feed the S. Res. 548, a resolution to express the (Mr. SANDERS) was added as a cospon- world. Forests prevent catastrophic sor of S. 1859, a bill to reinstate Fed- sense of the Senate that Israel has an flooding and severe drought, and coral eral matching of State spending of undeniable right to self-defense, and to reefs and mangroves reduce the impact child support incentive payments. condemn the recent destabilizing ac- of large storms on coastal populations, tions by extremists aboard the ship S. 3183 saving $9 billion in damages each year Mavi Marmara. and reducing outlays for disaster as- At the request of Mr. WYDEN, the name of the Senator from North Caro- AMENDMENT NO. 4324 sistance. As natural resources continue to be lina (Mr. BURR) was added as a cospon- At the request of Mr. WHITEHOUSE, polluted and depleted throughout the sor of S. 3183, a bill to amend the Inter- the names of the Senator from Ten- world, economies are threatened and nal Revenue Code of 1986 to extend the nessee (Mr. CORKER), the Senator from conflicts begin to emerge. The United nonbusiness energy property credit to Virginia (Mr. WARNER), the Senator States National Intelligence Council roofs with pigmented coatings which from New York (Mr. SCHUMER) and the expects demographic trends and nat- meet Energy Star program require- Senator from Florida (Mr. LEMIEUX) ural resource scarcities relating to ments. were added as cosponsors of amend- ment No. 4324 intended to be proposed water, food, arable land, and energy S. 3232 sources to lead to instabilities and con- At the request of Mr. BURR, the name to H.R. 4213, a bill to amend the Inter- nal Revenue Code of 1986 to extend cer- flict in the years ahead. of the Senator from West Virginia (Mr. With such threats looming, it is with tain expiring provisions, and for other BYRD) was added as a cosponsor of S. urgency that we introduce this legisla- purposes. 3232, a bill to amend the Internal Rev- tion that recognizes the intrinsic link enue Code of 1986 to make employers of AMENDMENT NO. 4363 between communities, conflict, and spouses of military personnel eligible At the request of Ms. CANTWELL, the natural resources, and which looks to a for the work opportunity credit. name of the Senator from Washington future of local involvement in the pres- S. 3295 (Mrs. MURRAY) was added as a cospon- ervation of natural resources for the At the request of Mr. SCHUMER, the sor of amendment No. 4363 intended to benefit of international communities. name of the Senator from North Caro- be proposed to H.R. 4213, a bill to The bill establishes conservation as a lina (Mrs. HAGAN) was added as a co- amend the Internal Revenue Code of fundamental element in economic de- sponsor of S. 3295, a bill to amend the 1986 to extend certain expiring provi- velopment, conflict mitigation, and ad- Federal Election Campaign Act of 1971 sions, and for other purposes. aptation to climate change.

VerDate Mar 15 2010 02:44 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\A17JN6.021 S17JNPT1 smartinez on DSKB9S0YB1PROD with SENATE S5114 CONGRESSIONAL RECORD — SENATE June 17, 2010 To meet the conservation challenges know the full extent of the economic, SUBMITTED RESOLUTIONS of the 21st century, the Global Con- health and environmental damage that servation Act reduces the duplication will be caused by the spill. of Federal programs by bringing all Unfortunately, out of control wells U.S. agencies involved in conservation are not a unique circumstance. Over SENATE RESOLUTION 560—RECOG- together to establish a national strat- the last month, two major onshore in- NIZING THE IMMEASURABLE egy for global conservation. Several ex- cidents occurred as well. First, a gas CONTRIBUTIONS OF FATHERS IN ecutive branch agencies are engaged in well explosion in West Virginia injured THE HEALTHY DEVELOPMENT some aspect of international conserva- seven workers and then another oc- OF CHILDREN, SUPPORTING RE- tion, yet their efforts are not coordi- curred in Pennsylvania where it ap- SPONSIBLE FATHERHOOD, AND nated in a manner that maximizes the pears that a blowout preventer did not ENCOURAGING GREATER IN- effectiveness of the overall inter- work properly. VOLVEMENT OF FATHERS IN national conservation efforts of the THE LIVES OF THEIR FAMILIES, United States. It is clear that oil is and will con- ESPECIALLY ON FATHER’S DAY By establishing an interagency work- tinue to be an important energy source ing group, a special coordinator, and a for us for many years to come, espe- Mr. BAYH (for himself, Mr. THUNE, presidential advisory committee on cially for our transportation sector. Mrs. MURRAY, Mr. BYRD, Mr. BURRIS, global conservation, this bill sets up But, while we will continue to drill for Ms. LANDRIEU, Mr. CASEY, and Mrs. the infrastructure to coordinate the ef- oil and gas, we cannot repeat the mis- LINCOLN) submitted the following reso- forts of the various federal agencies takes, negligence or recklessness that lution; which was referred to the Com- under a national strategy for inter- led to this disaster. We must learn mittee on the Judiciary: national conservation. The bill identi- from this accident and aggressively de- S. RES. 560 velop better technology to stop these fies measurable goals, benchmarks, and Whereas responsible fatherhood is a pri- timeframes for long-term action in the spills from happening in the first place, ority for the United States; area of global conservation. both onshore and offshore. Whereas the most important factor in the As our nation continues to strength- That is why I am introducing the upbringing of a child is whether the child is en its participation in the global com- Safer Oil and Gas Production Research brought up in a healthy and supportive envi- munity through conflict mitigation, and Development Act. This bill would ronment; Whereas father-child interaction, like foreign aid, and economic interaction, change an existing oil and gas research it is essential that we promote strong mother-child interaction, has been shown to and development program within the promote the positive physical, social, emo- international conservation initiatives Department of Energy, DOE, to re- tional, and mental development of focused on the involvement and sup- focus it specifically on technologies to Whereas research shows that men are more port of local communities. Such initia- improve the safety of exploration and likely to live healthier, longer, and more ful- tives will only strengthen global secu- production activities, including well filling lives when they are involved in the rity, health, and economies. This bill integrity, well control, blowout preven- lives of their children and participate in establishes a clear and unified direc- tion, and well plugging and abandon- caregiving; Whereas programs to encourage respon- tion for our international conservation ment. efforts, and I look forward to working sible fatherhood should promote and provide support services for— with my colleagues to move it through In addition, the legislation would the legislative process. also require DOE to publish an annual (1) fostering loving and healthy relation- update of the program’s work and out- ships between parents and children; and By Mr. UDALL of Colorado (for line recommendations for the imple- (2) increasing the responsibility of non- himself, Mrs. SHAHEEN, and Mr. mentation of its research findings. This custodial parents for the long-term care and BINGAMAN): oversight is important so that we can financial well-being of their children; S. 3509. A bill to amend the Energy ensure this information is public, Whereas research shows that working with Policy Act of 2005 to promote the re- transparent, and readily available to men and boys to change attitudes towards entrepreneurs and others who could women can have a profound impact on reduc- search and development of tech- ing violence against women; nologies and best practices for the safe further develop these technologies. Whereas research shows that women are development and extraction of natural I should emphasize that my bill is significantly more satisfied in relationships gas and other petroleum resources, and only one of the many steps we must when responsible fathers participate in the for other purposes; to the Committee take to respond to this accident. Not daily care of children; on Energy and Natural Resources. only do we need to work to prevent fu- Whereas children around the world do bet- ter in school and are less delinquent when fa- Mr. UDALL of Colorado. Mr. Presi- ture accidents, we need to make sure dent, today I am joined by Senator thers participate closely in their lives; we are better prepared to respond when Whereas responsible fatherhood is an im- SHAHEEN and Chairman BINGAMAN in they occur. portant component of successful develop- introducing a bill to help prevent fu- ment policies and programs in countries ture disasters like the one we are see- It is unacceptable that the spill pre- vention and response technology we throughout the world; ing unfold in the Gulf of Mexico. Our Whereas the United States Agency for bill focuses Federal oil and gas re- are using today is the same as was used International Development recognizes the search and development funds on well in the last disaster—the Exxon Valdez importance of caregiving fathers for more safety and accident prevention. There spill in 1989, over 20 years ago. That is stable and effective development efforts; and are many lessons to be learned from why I am a proud co-sponsor of Senator Whereas Father’s Day is the third Sunday in June: Now, therefore, be it this tragedy, but one of the most im- SHAHEEN’s bill to create a new program portant is that we need more advanced at the Department of the Interior to Resolved, That the Senate— technology to prevent future accidents research and develop spill response and (1) recognizes June 20, 2010, as Father’s Day; and ensure the safety of our oil and gas mitigation technology. Her bill, which also is being introduced today, is a per- (2) honors the men in the United States workers. and around the world who are active in the This oil spill has highlighted many fect complement to mine—both pro- grams are needed to move our oil drill- lives of their children, which in turn, has a problems with the operation of the oil significant impact on their children, their and gas industry and the threat that ing technology forward. families, and their communities; accidents have to our families, econ- Our two bills will take common-sense (3) underscores the need for increased pub- omy and environment. While the indus- steps to improve drilling safety, pre- lic awareness and activities regarding re- try has opened up new areas to oil and vent accidents and help ensure that if sponsible fatherhood and healthy families; gas production, developments in safety an accident does occur, we are better and (4) reaffirms the commitment of the and well control technology have not prepared to respond. This tragedy is a United States to supporting and encouraging always kept pace. That is unaccept- wake-up call that proves that we need global fatherhood initiatives that signifi- able. Eleven people lost their lives dur- to begin changing the way we generate cantly benefit international development ef- ing this tragedy, and we do not yet and consume energy. forts.

VerDate Mar 15 2010 02:44 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\G17JN6.076 S17JNPT1 smartinez on DSKB9S0YB1PROD with SENATE June 17, 2010 CONGRESSIONAL RECORD — SENATE S5115 AMENDMENTS SUBMITTED AND Sec. 103. Allowance of new markets tax cred- Sec. 248. 15-year straight-line cost recovery PROPOSED it against alternative minimum for qualified leasehold improve- tax. ments, qualified restaurant SA 4376. Mr. THUNE (for himself, Mr. Sec. 104. Extension of tax-exempt eligibility buildings and improvements, MCCONNELL, Mr. MCCAIN, Mr. ISAKSON, Mr. for loans guaranteed by Federal and qualified retail improve- BOND, Mr. ENZI, Mr. CORNYN, Mr. BARRASSO, home loan banks. ments. Mr. ROBERTS, Mr. COBURN, Mr. CHAMBLISS, Sec. 105. Extension of temporary small Sec. 249. 7-year recovery period for motor- Mr. BROWN of Massachusetts, and Mr. GREGG) issuer rules for allocation of sports entertainment com- proposed an amendment to amendment SA tax-exempt interest expense by plexes. 4369 proposed by Mr. BAUCUS to the bill H.R. financial institutions. Sec. 250. Accelerated depreciation for busi- 4213, to amend the Internal Revenue Code of TITLE II—EXTENSION OF EXPIRING ness property on an Indian res- 1986 to extend certain expiring provisions, PROVISIONS ervation. and for other purposes. Sec. 251. Enhanced charitable deduction for SA 4377. Mr. BOND submitted an amend- Subtitle A—Energy contributions of food inventory. ment intended to be proposed to amendment Sec. 201. Alternative motor vehicle credit Sec. 252. Enhanced charitable deduction for SA 4369 proposed by Mr. BAUCUS to the bill for new qualified hybrid motor contributions of book inven- H.R. 4213, supra; which was ordered to lie on vehicles other than passenger tories to public schools. the table. automobiles and light trucks. SA 4378. Mr. BOND submitted an amend- Sec. 202. Incentives for biodiesel and renew- Sec. 253. Enhanced charitable deduction for ment intended to be proposed to amendment able diesel. corporate contributions of com- puter inventory for educational SA 4369 proposed by Mr. BAUCUS to the bill Sec. 203. Extension and modification of cred- H.R. 4213, supra; which was ordered to lie on it for steel industry fuel. purposes. the table. Sec. 204. Credit for producing fuel from coke Sec. 254. Election to expense mine safety SA 4379. Mr. VITTER submitted an amend- or coke gas. equipment. ment intended to be proposed to amendment Sec. 205. New energy efficient home credit. Sec. 255. Special expensing rules for certain SA 4369 proposed by Mr. BAUCUS to the bill Sec. 206. Special rule for sales or disposi- film and television productions. H.R. 4213, supra; which was ordered to lie on tions to implement FERC or Sec. 256. Expensing of environmental reme- the table. State electric restructuring diation costs. SA 4380. Mr. BUNNING (for himself, Mr. policy for qualified electric Sec. 257. Deduction allowable with respect ROCKEFELLER, Mr. BYRD, and Mr. ENZI) sub- utilities. to income attributable to do- mitted an amendment intended to be pro- Sec. 207. Suspension of limitation on per- mestic production activities in posed to amendment SA 4369 proposed by Mr. centage depletion for oil and Puerto Rico. BAUCUS to the bill H.R. 4213, supra; which gas from marginal wells. Sec. 258. Modification of tax treatment of was ordered to lie on the table. Sec. 208. Direct payment of energy efficient certain payments to controlling SA 4381. Mr. BENNET submitted an appliances tax credit. exempt organizations. amendment intended to be proposed to Sec. 209. Modification of standards for win- Sec. 259. Exclusion of gain or loss on sale or amendment SA 4369 proposed by Mr. BAUCUS dows, doors, and skylights with exchange of certain brownfield to the bill H.R. 4213, supra; which was or- respect to the credit for non- sites from unrelated business dered to lie on the table. business energy property. income. SA 4382. Mrs. LINCOLN (for herself, Mr. Sec. 210. Credit for electricity produced at Sec. 260. Timber REIT modernization. CORNYN, and Mr. ENSIGN) submitted an certain open-loop biomass fa- Sec. 261. Treatment of certain dividends of amendment intended to be proposed to cilities. regulated investment compa- amendment SA 4369 proposed by Mr. BAUCUS Sec. 211. Excise tax credits and outlay pay- nies. to the bill H.R. 4213, supra; which was or- ments for alternative fuel and Sec. 262. RIC qualified investment entity dered to lie on the table. alternative fuel mixtures. treatment under FIRPTA. f Sec. 212. Credit for refined coal facilities. Sec. 263. Exceptions for active financing in- Sec. 213. Credit for production of low sulfur come. TEXT OF AMENDMENTS diesel fuel. Sec. 264. Look-thru treatment of payments SA 4376. Mr. THUNE (for himself, Mr. Subtitle B—Individual Tax Relief between related controlled for- MCCONNELL, Mr. MCCAIN, Mr. ISAKSON, PART I—MISCELLANEOUS PROVISIONS eign corporations under foreign personal holding company Mr. BOND, Mr. ENZI, Mr. CORNYN, Mr. Sec. 221. Deduction for certain expenses of rules. BARRASSO, Mr. ROBERTS, Mr. COBURN, elementary and secondary Sec. 265. Basis adjustment to stock of S Mr. CHAMBLISS, Mr. BROWN of Massa- school teachers. Sec. 222. Additional standard deduction for corps making charitable con- chusetts, and Mr. GREGG) proposed an tributions of property. amendment to amendment SA 4369 pro- State and local real property taxes. Sec. 266. Empowerment zone tax incentives. posed by Mr. BAUCUS to the bill H.R. Sec. 223. Deduction of State and local sales Sec. 267. Renewal community tax incen- 4213, to amend the Internal Revenue taxes. tives. Code of 1986 to extend certain expiring Sec. 224. Contributions of capital gain real Sec. 268. Temporary increase in limit on provisions, and for other purposes; as property made for conservation cover over of rum excise taxes follows: purposes. to Puerto Rico and the Virgin Islands. Strike all after the first word and insert Sec. 225. Above-the-line deduction for quali- Sec. 269. Payment to American Samoa in the following: fied tuition and related ex- penses. lieu of extension of economic 1. SHORT TITLE; AMENDMENT OF 1986 CODE; development credit. TABLE OF CONTENTS. Sec. 226. Tax-free distributions from indi- Sec. 270. Election to temporarily utilize un- (a) SHORT TITLE.—This Act may be cited as vidual retirement plans for used AMT credits determined the ‘‘American Jobs and Closing Tax Loop- charitable purposes. by domestic investment. holes Act of 2010’’. Sec. 227. Look-thru of certain regulated in- Sec. 271. Reduction in corporate rate for (b) AMENDMENT OF 1986 CODE.—Except as vestment company stock in de- otherwise expressly provided, whenever in ti- termining gross estate of non- qualified timber gain. tles I, II, and IV of this Act an amendment residents. Sec. 272. Study of extended tax expendi- or repeal is expressed in terms of an amend- PART II—LOW-INCOME HOUSING CREDITS tures. ment to, or repeal of, a section or other pro- Sec. 231. Election for direct payment of low- Subtitle D—Temporary Disaster Relief vision, the reference shall be considered to income housing credit for 2010. Provisions be made to a section or other provision of Subtitle C—Business Tax Relief PART I—NATIONAL DISASTER RELIEF the Internal Revenue Code of 1986. Sec. 281. Waiver of certain mortgage rev- (c) TABLE OF CONTENTS.—The table of con- Sec. 241. Research credit. enue bond requirements. tents for this Act is as follows: Sec. 242. Indian employment tax credit. Sec. 243. New markets tax credit. Sec. 282. Losses attributable to federally de- Sec. 1. Short title; amendment of 1986 Code; Sec. 244. Railroad track maintenance credit. clared disasters. table of contents. Sec. 245. Mine rescue team training credit. Sec. 283. Special depreciation allowance for TITLE I—INFRASTRUCTURE INCENTIVES Sec. 246. Employer wage credit for employ- qualified disaster property. Sec. 101. Exempt-facility bonds for sewage ees who are active duty mem- Sec. 284. Net operating losses attributable to and water supply facilities. bers of the uniformed services. federally declared disasters. Sec. 102. Extension of exemption from alter- Sec. 247. 5-year depreciation for farming Sec. 285. Expensing of qualified disaster ex- native minimum tax treatment business machinery and equip- penses. for certain tax-exempt bonds. ment. Sec. 286. Special depreciation allowance.

VerDate Mar 15 2010 05:06 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0655 E:\CR\FM\A17JN6.028 S17JNPT1 smartinez on DSKB9S0YB1PROD with SENATE S5116 CONGRESSIONAL RECORD — SENATE June 17, 2010

PART II—REGIONAL PROVISIONS TITLE V—UNEMPLOYMENT, HEALTH, Sec. 606. Refunds disregarded in the admin- SUBPART A—NEW YORK LIBERTY ZONE AND OTHER ASSISTANCE istration of Federal programs Sec. 291. Special depreciation allowance for Subtitle A—Unemployment Insurance and and federally assisted pro- nonresidential and residential Other Assistance grams. Sec. 607. ARRA planning and reporting. real property. Sec. 501. Extension of unemployment insur- Sec. 292. Tax-exempt bond financing. ance provisions. TITLE VII—BUDGETARY PROVISIONS Sec. 701. Determination of budgetary ef- SUBPART B—GO ZONE Sec. 502. Coordination of emergency unem- fects. Sec. 295. Increase in rehabilitation credit. ployment compensation with Sec. 296. Work opportunity tax credit with regular compensation. TITLE I—INFRASTRUCTURE INCENTIVES respect to certain individuals Subtitle B—Physician Payment Update and SEC. 101. EXEMPT-FACILITY BONDS FOR SEWAGE affected by Hurricane Katrina Other Provisions AND WATER SUPPLY FACILITIES. (a) BONDS FOR WATER AND SEWAGE FACILI- for employers inside disaster PART I—PHYSICIAN PAYMENT UPDATE TIES EXEMPT FROM VOLUME CAP ON PRIVATE areas. Sec. 511. Physician payment update. Sec. 297. Extension of low-income housing ACTIVITY BONDS.— PART II—EXTENSION OF EXPIRING PROVISIONS credit rules for buildings in GO (1) IN GENERAL.—Paragraph (3) of section zones. Sec. 521. Extension of MMA section 508 re- 146(g) is amended by inserting ‘‘(4), (5),’’ after Sec. 298. Tax-exempt bond financing. classifications. ‘‘(2),’’. Sec. 522. Extension of Medicare work geo- (2) CONFORMING AMENDMENT.—Paragraphs SUBPART C—MIDWESTER DISASTER AREAS graphic adjustment floor. (2) and (3)(B) of section 146(k) are both Sec. 299. Special rules for use of retirement Sec. 523. Extension of exceptions process for amended by striking ‘‘(4), (5), (6),’’ and in- funds. Medicare therapy caps. serting ‘‘(6)’’. Sec. 300. Exclusion of cancellation of mort- Sec. 524. Extension of payment for technical (b) TAX-EXEMPT ISSUANCE BY INDIAN TRIBAL gage indebtedness. component of certain physician GOVERNMENTS.— TITLE III—PENSION PROVISIONS pathology services. (1) IN GENERAL.—Subsection (c) of section 7871 is amended by adding at the end the fol- Subtitle A—Single Employer Plans Sec. 525. Extension of ambulance add-ons. Sec. 526. Extension of physician fee schedule lowing new paragraph: Sec. 301. Extended period for single-em- mental health add-on payment. ‘‘(4) EXCEPTION FOR BONDS FOR WATER AND ployer defined benefit plans to Sec. 527. Extension of outpatient hold harm- SEWAGE FACILITIES.—Paragraph (2) shall not amortize certain shortfall am- less provision. apply to an exempt facility bond 95 percent ortization bases. Sec. 528. Extension of Medicare reasonable or more of the net proceeds (as defined in Sec. 302. Application of extended amortiza- costs payments for certain clin- section 150(a)(3)) of which are to be used to tion period to plans subject to ical diagnostic laboratory tests provide facilities described in paragraph (4) prior law funding rules. furnished to hospital patients or (5) of section 142(a).’’. Sec. 303. Lookback for certain benefit re- in certain rural areas. (2) CONFORMING AMENDMENT.—Paragraph strictions. Sec. 529. Extension of the qualifying indi- (2) of section 7871(c) is amended by striking Sec. 304. Lookback for credit balance rule vidual (QI) program. ‘‘paragraph (3)’’ and inserting ‘‘paragraphs for plans maintained by char- Sec. 530. Extension of Transitional Medical (3) and (4)’’. ities. Assistance (TMA). (c) EFFECTIVE DATE.—The amendments Subtitle B—Multiemployer Plans Sec. 531. Extension of DRA court improve- made by this section shall apply to obliga- Sec. 321. Adjustments to funding standard ment grants. tions issued after the date of the enactment of this Act. account rules. PART III—CHANGES TO THE PATIENT PROTEC- SEC. 102. EXTENSION OF EXEMPTION FROM AL- TITLE IV—REVENUE OFFSETS TION AND AND ADDI- TERNATIVE MINIMUM TAX TREAT- Sec. 401. Rollovers from elective deferral TIONAL PROVISIONS MENT FOR CERTAIN TAX-EXEMPT plans to Roth designated ac- SUBPART A—CHANGES TO THE PATIENT PROTEC- BONDS. counts. TION AND AFFORDABLE CARE ACT AND ADDI- (a) IN GENERAL.—Clause (vi) of section Sec. 402. Participants in government section TIONAL PROVISIONS 57(a)(5)(C) is amended— 457 plans allowed to treat elec- Sec. 541. Expansion of affordability excep- (1) by striking ‘‘January 1, 2011’’ in sub- tive deferrals as Roth contribu- tion to individual mandate. clause (I) and inserting ‘‘January 1, 2012’’; tions. Sec. 542. Replacement of Medicaid primary and Sec. 403. Temporary one-year freeze on care payment cliff. (2) by striking ‘‘AND 2010’’ in the heading raises, bonuses, and other sal- Sec. 543. Establish a CMS–IRS data match and inserting ‘‘, 2010, AND 2011’’. (b) ADJUSTED CURRENT EARNINGS.—Clause ary increases for Federal em- to identify fraudulent pro- (iv) of section 56(g)(4)(B) is amended— ployees. viders. (1) by striking ‘‘January 1, 2011’’ in sub- Sec. 404. Capping the total number of Fed- Sec. 544. Funding for claims reprocessing. eral employees. clause (I) and inserting ‘‘January 1, 2012’’; SUBPART B—MEDICAL LIABILITY REFORM Sec. 405. Collection of unpaid taxes from em- and ployees of the Federal Govern- Sec. 551. Short title. (2) by striking ‘‘AND 2010’’ in the heading ment. Sec. 552. Findings and purpose. and inserting ‘‘, 2010, AND 2011’’. Sec. 406. Reducing printing and publishing Sec. 553. Definitions. (c) EFFECTIVE DATE.—The amendments costs of Government docu- Sec. 554. Encouraging speedy resolution of made by this section shall apply to obliga- tions issued after December 31, 2010. ments. claims. Sec. 407. Reducing excessive duplication, Sec. 555. Compensating patient injury. SEC. 103. ALLOWANCE OF NEW MARKETS TAX Sec. 556. Maximizing patient recovery. CREDIT AGAINST ALTERNATIVE MIN- overhead and spending within Sec. 557. Additional health benefits. IMUM TAX. the Federal Government. Sec. 558. Punitive damages. (a) IN GENERAL.—Subparagraph (B) of sec- Sec. 408. Eliminating nonessential Govern- Sec. 559. Authorization of payment of future tion 38(c)(4), as amended by the Patient Pro- ment travel. damages to claimants in health tection and Affordable Care Act, is amended Sec. 409. Eliminating bonuses for poor per- care lawsuits. by redesignating clauses (v) through (ix) as formance by Government con- Sec. 560. Effect on other laws. clauses (vi) through (x), respectively, and by tractors. Sec. 561. State flexibility and protection of inserting after clause (iv) the following new Sec. 410. $1,000,000,000 limitation on vol- states’ rights. clause: untary payments to the United Sec. 562. Applicability; effective date. ‘‘(v) the credit determined under section Nations. TITLE VI—OTHER PROVISIONS 45D, but only with respect to credits deter- Sec. 411. Rescinding a State department mined with respect to qualified equity in- training facility unwanted by Sec. 601. Extension of national flood insur- vestments (as defined in section 45D(b)) ini- residents of the community in ance program. tially made before January 1, 2012,’’. which it is planned to be con- Sec. 602. Small business loan guarantee en- (b) EFFECTIVE DATE.—The amendments structed. hancement extensions. made by this section shall apply to credits Sec. 412. Reducing budgets of Members of Sec. 603. Summer employment for youth. determined with respect to qualified equity Congress. Sec. 604. Expansion of eligibility for concur- investments (as defined in section 45D(b) of Sec. 413. Disposing of unneeded and unused rent receipt of military retired the Internal Revenue Code of 1986) initially government property. pay and veterans’ disability made after March 15, 2010. Sec. 414. Auctioning and selling of unused compensation to include all SEC. 104. EXTENSION OF TAX-EXEMPT ELIGI- and unneeded equipment. chapter 61 disability retirees re- BILITY FOR LOANS GUARANTEED BY Sec. 415. Rescinding unspent Federal funds. gardless of disability rating FEDERAL HOME LOAN BANKS. Sec. 416. Use of stimulus funds to offset percentage or years of service. Clause (iv) of section 149(b)(3)(A) is amend- spending. Sec. 605. Extension of use of 2009 poverty ed by striking ‘‘December 31, 2010’’ and in- Sec. 417. Deficit Reduction Trust Fund. guidelines. serting ‘‘December 31, 2011’’.

VerDate Mar 15 2010 02:44 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\A17JN6.033 S17JNPT1 smartinez on DSKB9S0YB1PROD with SENATE June 17, 2010 CONGRESSIONAL RECORD — SENATE S5117

SEC. 105. EXTENSION OF TEMPORARY SMALL such facility is measured by a fixed dollar (2) MODIFICATIONS.—The amendments made ISSUER RULES FOR ALLOCATION OF amount or a fixed amount per ton, or other- by subsection (b) shall apply to dispositions TAX-EXEMPT INTEREST EXPENSE BY wise determined without regard to the profit after the date of the enactment of this Act. FINANCIAL INSTITUTIONS. or loss of such facility.’’. SEC. 207. SUSPENSION OF LIMITATION ON PER- (a) IN GENERAL.—Clauses (i), (ii), and (iii) (3) PRODUCTION AND SALE.—Subparagraph CENTAGE DEPLETION FOR OIL AND of section 265(b)(3)(G) are each amended by (D) of section 45(e)(8), as amended by sub- GAS FROM MARGINAL WELLS. striking ‘‘or 2010’’ and inserting ‘‘, 2010, or section (a)(2), is amended by redesignating (a) IN GENERAL.—Clause (ii) of section 2011’’. clause (iii) as clause (iv) and by inserting 613A(c)(6)(H) is amended by striking ‘‘Janu- (b) CONFORMING AMENDMENT.—Subpara- after clause (ii) the following new clause: ary 1, 2010’’ and inserting ‘‘January 1, 2011’’. graph (G) of section 265(b)(3) is amended by ‘‘(iii) PRODUCTION AND SALE.—The owner of (b) EFFECTIVE DATE.—The amendment striking ‘‘AND 2010’’ in the heading and insert- a facility producing steel industry fuel shall made by this section shall apply to taxable ing ‘‘, 2010, AND 2011’’. be treated as producing and selling steel in- years beginning after December 31, 2009. (c) EFFECTIVE DATE.—The amendments dustry fuel where that owner manufactures made by this section shall apply to obliga- SEC. 208. DIRECT PAYMENT OF ENERGY EFFI- such steel industry fuel from coal, a blend of CIENT APPLIANCES TAX CREDIT. tions issued after December 31, 2010. coal and petroleum coke, or other coke feed- In the case of any taxable year which in- TITLE II—EXTENSION OF EXPIRING stock to which it has title. The sale of such cludes the last day of calendar year 2009 or steel industry fuel by the owner of the facil- PROVISIONS calendar year 2010, a taxpayer who elects to ity to a person who is not the owner of the Subtitle A—Energy waive the credit which would otherwise be facility shall not fail to qualify as a sale to determined with respect to the taxpayer SEC. 201. ALTERNATIVE MOTOR VEHICLE CREDIT an unrelated person solely because such pur- under section 45M of the Internal Revenue FOR NEW QUALIFIED HYBRID chaser may also be a ground lessor, supplier, MOTOR VEHICLES OTHER THAN PAS- Code of 1986 for such taxable year shall be or customer.’’. SENGER AUTOMOBILES AND LIGHT treated as making a payment against the tax (d) SPECIFIED CREDIT FOR PURPOSES OF AL- TRUCKS. imposed under subtitle A of such Code for TERNATIVE MINIMUM TAX EXCLUSION.—Sub- (a) IN GENERAL.—Paragraph (3) of section clause (II) of section 38(c)(4)(B)(iii) is amend- such taxable year in an amount equal to 85 30B(k) is amended by striking ‘‘December 31, percent of the amount of the credit which 2009’’ and inserting ‘‘December 31, 2010’’. ed by inserting ‘‘(in the case of a refined coal production facility producing steel industry would otherwise be so determined. Such pay- (b) EFFECTIVE DATE.—The amendment fuel, during the credit period set forth in sec- ment shall be treated as made on the later of made by this section shall apply to property tion 45(e)(8)(D)(ii)(II))’’ after ‘‘service’’. the due date of the return of such tax or the purchased after December 31, 2009. (e) EFFECTIVE DATES.— date on which such return is filed. Elections SEC. 202. INCENTIVES FOR BIODIESEL AND RE- (1) IN GENERAL.—The amendments made by under this section may be made separately NEWABLE DIESEL. subsections (a), (b), and (d) shall take effect for 2009 and 2010, but once made shall be ir- (a) CREDITS FOR BIODIESEL AND RENEWABLE on the date of the enactment of this Act. revocable. No amount shall be includible in DIESEL USED AS FUEL.—Subsection (g) of sec- (2) CLARIFICATIONS.—The amendments gross income or alternative minimum tax- tion 40A is amended by striking ‘‘December made by subsection (c) shall take effect as if able income by reason of this section. 31, 2009’’ and inserting ‘‘December 31, 2010’’. included in the amendments made by the En- SEC. 209. MODIFICATION OF STANDARDS FOR (b) EXCISE TAX CREDITS AND OUTLAY PAY- ergy Improvement and Extension Act of 2008. WINDOWS, DOORS, AND SKYLIGHTS MENTS FOR BIODIESEL AND RENEWABLE DIESEL SEC. 204. CREDIT FOR PRODUCING FUEL FROM WITH RESPECT TO THE CREDIT FOR FUEL MIXTURES.— COKE OR COKE GAS. NONBUSINESS ENERGY PROPERTY. (1) Paragraph (6) of section 6426(c) is (a) IN GENERAL.—Paragraph (1) of section (a) IN GENERAL.—Paragraph (4) of section amended by striking ‘‘December 31, 2009’’ and 45K(g) is amended by striking ‘‘January 1, 25C(c) is amended by striking ‘‘unless’’ and inserting ‘‘December 31, 2010’’. 2010’’ and inserting ‘‘January 1, 2011’’. all that follows and inserting ‘‘unless— (2) Subparagraph (B) of section 6427(e)(6) is (b) EFFECTIVE DATE.—The amendment ‘‘(A) in the case of any component placed amended by striking ‘‘December 31, 2009’’ and made by this section shall apply to facilities in service after the date which is 90 days inserting ‘‘December 31, 2010’’. placed in service after December 31, 2009. after the date of the enactment of the Amer- (c) EFFECTIVE DATE.—The amendments SEC. 205. NEW ENERGY EFFICIENT HOME CREDIT. ican Jobs and Closing Tax Loopholes Act of made by this section shall apply to fuel sold (a) IN GENERAL.—Subsection (g) of section 2010, such component meets the criteria for or used after December 31, 2009. 45L is amended by striking ‘‘December 31, such components established by the 2010 En- SEC. 203. EXTENSION AND MODIFICATION OF 2009’’ and inserting ‘‘December 31, 2010’’. ergy Star Program Requirements for Resi- CREDIT FOR STEEL INDUSTRY FUEL. (b) EFFECTIVE DATE.—The amendment dential Windows, Doors, and Skylights, (a) CREDIT PERIOD.— made by this section shall apply to homes Version 5.0 (or any subsequent version of (1) IN GENERAL.—Subclause (II) of section acquired after December 31, 2009. such requirements which is in effect after 45(e)(8)(D)(ii) is amended to read as follows: SEC. 206. SPECIAL RULE FOR SALES OR DISPOSI- January 4, 2010), ‘‘(II) CREDIT PERIOD.—In lieu of the 10-year TIONS TO IMPLEMENT FERC OR ‘‘(B) in the case of any component placed period referred to in clauses (i) and (ii)(II) of STATE ELECTRIC RESTRUCTURING in service after the date of the enactment of POLICY FOR QUALIFIED ELECTRIC subparagraph (A), the credit period shall be UTILITIES. the American Jobs and Closing Tax Loop- the period beginning on the date that the fa- (a) IN GENERAL.—Paragraph (3) of section holes Act of 2010 and on or before the date cility first produces steel industry fuel that 451(i) is amended by striking ‘‘January 1, which is 90 days after such date, such compo- is sold to an unrelated person after Sep- 2010’’ and inserting ‘‘January 1, 2011’’. nent meets the criteria described in subpara- tember 30, 2008, and ending 2 years after such (b) MODIFICATION OF DEFINITION OF INDE- graph (A) or is equal to or below a U factor date.’’. PENDENT TRANSMISSION COMPANY.— of 0.30 and SHGC of 0.30, and (2) CONFORMING AMENDMENT.—Section (1) IN GENERAL.—Clause (i) of section ‘‘(C) in the case of any component which is 45(e)(8)(D) is amended by striking clause (iii) 451(i)(4)(B) is amended to read as follows: a garage door, such component is equal to or and by redesignating clause (iv) as clause ‘‘(i) who the Federal Energy Regulatory below a U factor of 0.30 and SHGC of 0.30.’’. (iii). Commission determines in its authorization (b) EFFECTIVE DATE.—The amendment (b) EXTENSION OF PLACED-IN-SERVICE of the transaction under section 203 of the made by this section shall apply to property DATE.—Subparagraph (A) of section 45(d)(8) Federal Power Act (16 U.S.C. 824b) or by de- placed in service after the date of the enact- is amended— claratory order— ment of this Act. (1) by striking ‘‘(or any modification to a ‘‘(I) is not itself a market participant as SEC. 210. CREDIT FOR ELECTRICITY PRODUCED facility)’’; and determined by the Commission, and also is AT CERTAIN OPEN-LOOP BIOMASS (2) by striking ‘‘2010’’ and inserting ‘‘2011’’. not controlled by any such market partici- FACILITIES. (c) CLARIFICATIONS.— pant, or (a) IN GENERAL.—Clause (ii) of section (1) STEEL INDUSTRY FUEL.—Subclause (I) of ‘‘(II) to be independent from market par- 45(b)(4)(B) is amended by striking ‘‘5-year pe- section 45(c)(7)(C)(i) is amended by inserting ticipants or to be an independent trans- riod’’ and inserting ‘‘6-year period’’. ‘‘, a blend of coal and petroleum coke, or mission company within the meaning of such (b) EFFECTIVE DATE.—The amendment other coke feedstock’’ after ‘‘on coal’’. Commission’s rules applicable to inde- made by this section shall apply to elec- (2) OWNERSHIP INTEREST.—Section 45(d)(8) pendent transmission providers, and’’. tricity produced and sold after December 31, is amended by adding at the end the fol- (2) RELATED PERSONS.—Paragraph (4) of 2009. lowing new flush sentence: section 451(i) is amended by adding at the SEC. 211. EXCISE TAX CREDITS AND OUTLAY PAY- ‘‘With respect to a facility producing steel end the following flush sentence: MENTS FOR ALTERNATIVE FUEL industry fuel, no person (including a ground ‘‘For purposes of subparagraph (B)(i)(I), a AND ALTERNATIVE FUEL MIXTURES. lessor, customer, supplier, or technology li- person shall be treated as controlled by an- (a) IN GENERAL.—Sections 6426(d)(5), censor) shall be treated as having an owner- other person if such persons would be treated 6426(e)(3), and 6427(e)(6)(C) are each amended ship interest in the facility or as otherwise as a single employer under section 52.’’. by striking ‘‘December 31, 2009’’ and insert- entitled to the credit allowable under sub- (c) EFFECTIVE DATE.— ing ‘‘December 31, 2010’’. section (a) with respect to such facility if (1) IN GENERAL.—The amendment made by (b) EFFECTIVE DATE.—The amendments such person’s rent, license fee, or other enti- subsection (a) shall apply to dispositions made by this section shall apply to fuel sold tlement to net payments from the owner of after December 31, 2009. or used after December 31, 2009.

VerDate Mar 15 2010 02:44 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\A17JN6.033 S17JNPT1 smartinez on DSKB9S0YB1PROD with SENATE S5118 CONGRESSIONAL RECORD — SENATE June 17, 2010

SEC. 212. CREDIT FOR REFINED COAL FACILI- (b) EFFECTIVE DATE.—The amendment (c) EFFECTIVE DATE.—The amendments TIES. made by this section shall apply to estates of made by this section shall apply to amounts (a) IN GENERAL.—Subparagraphs (A) and decedents dying after December 31, 2009. paid or incurred after December 31, 2009. (B) of section 45(d)(8) are each amended by PART II—LOW-INCOME HOUSING CREDITS SEC. 242. INDIAN EMPLOYMENT TAX CREDIT. striking ‘‘January 1, 2010’’ and inserting (a) IN GENERAL.—Subsection (f) of section ‘‘January 1, 2011’’. SEC. 231. ELECTION FOR DIRECT PAYMENT OF LOW-INCOME HOUSING CREDIT FOR 45A is amended by striking ‘‘December 31, FFECTIVE ATE (b) E D .—The amendments 2010. made by this section shall apply to facilities 2009’’ and inserting ‘‘December 31, 2010’’. (a) IN GENERAL.—Section 42 is amended by placed in service after December 31, 2009. (b) EFFECTIVE DATE.—The amendment redesignating subsection (n) as subsection made by this section shall apply to taxable SEC. 213. CREDIT FOR PRODUCTION OF LOW SUL- (o) and by inserting after subsection (m) the years beginning after December 31, 2009. FUR DIESEL FUEL. following new subsection: SEC. 243. NEW MARKETS TAX CREDIT. (a) APPLICABLE PERIOD.—Paragraph (4) of ‘‘(n) ELECTION FOR REFUNDABLE CREDITS.— (a) IN GENERAL.—Subparagraph (F) of sec- section 45H(c) is amended by striking ‘‘De- ‘‘(1) IN GENERAL.—The housing credit agen- cember 31, 2009’’ and inserting ‘‘December 31, cy of each State shall be allowed a credit in tion 45D(f)(1) is amended by inserting ‘‘and 2010’’. an amount equal to such State’s 2010 low-in- 2010’’ after ‘‘2009’’. (b) EFFECTIVE DATE.—The amendment come housing refundable credit election (b) CONFORMING AMENDMENT.—Paragraph made by this section shall take effect as if amount, which shall be payable by the Sec- (3) of section 45D(f) is amended by striking included in section 339 of the American Jobs retary as provided in paragraph (5). ‘‘2014’’ and inserting ‘‘2015’’. Creation Act of 2004. ‘‘(2) 2010 LOW-INCOME HOUSING REFUNDABLE (c) EFFECTIVE DATE.—The amendments Subtitle B—Individual Tax Relief CREDIT ELECTION AMOUNT.—For purposes of made by this section shall apply to calendar PART I—MISCELLANEOUS PROVISIONS this subsection, the term ‘2010 low-income years beginning after 2009. SEC. 221. DEDUCTION FOR CERTAIN EXPENSES housing refundable credit election amount’ SEC. 244. RAILROAD TRACK MAINTENANCE CRED- OF ELEMENTARY AND SECONDARY means, with respect to any State, such IT. SCHOOL TEACHERS. amount as the State may elect which does (a) IN GENERAL.—Subsection (f) of section (a) IN GENERAL.—Subparagraph (D) of sec- not exceed 85 percent of the product of— 45G is amended by striking ‘‘January 1, 2010’’ tion 62(a)(2) is amended by striking ‘‘or 2009’’ ‘‘(A) the sum of— and inserting ‘‘January 1, 2011’’. and inserting ‘‘2009, or 2010’’. ‘‘(i) 100 percent of the State housing credit (b) EFFECTIVE DATE.—The amendment (b) EFFECTIVE DATE.—The amendment ceiling for 2010 which is attributable to made by this section shall apply to expendi- made by this section shall apply to taxable amounts described in clauses (i) and (iii) of tures paid or incurred in taxable years begin- years beginning after December 31, 2009. subsection (h)(3)(C), plus any increase in the ning after December 31, 2009. SEC. 222. ADDITIONAL STANDARD DEDUCTION State housing credit ceiling for 2010 made by SEC. 245. MINE RESCUE TEAM TRAINING CREDIT. FOR STATE AND LOCAL REAL PROP- reason of section 1400N(c) (including as such (a) IN GENERAL.—Subsection (e) of section ERTY TAXES. section is applied by reason of sections 45N is amended by striking ‘‘December 31, (a) IN GENERAL.—Subparagraph (C) of sec- 702(d)(2) and 704(b) of the Tax Extenders and 2009’’ and inserting ‘‘December 31, 2010’’. tion 63(c)(1) is amended by striking ‘‘or 2009’’ Alternative Minimum Tax Relief Act of (b) CREDIT ALLOWABLE AGAINST AMT.— and inserting ‘‘2009, or 2010’’. 2008), and Subparagraph (B) of section 38(c)(4), as (b) EFFECTIVE DATE.—The amendment ‘‘(ii) 40 percent of the State housing credit made by this section shall apply to taxable amended by section 104, is amended— ceiling for 2010 which is attributable to (1) by redesignating clauses (vii) through years beginning after December 31, 2009. amounts described in clauses (ii) and (iv) of SEC. 223. DEDUCTION OF STATE AND LOCAL (x) as clauses (viii) through (xi), respec- such subsection, plus any increase in the tively; and SALES TAXES. State housing credit ceiling for 2010 made by (a) IN GENERAL.—Subparagraph (I) of sec- (2) by inserting after clause (vi) the fol- reason of the application of such section tion 164(b)(5) is amended by striking ‘‘Janu- lowing new clause: 702(d)(2) and 704(b), multiplied by ary 1, 2010’’ and inserting ‘‘January 1, 2011’’. ‘‘(vii) the credit determined under section ‘‘(B) 10. (b) EFFECTIVE DATE.—The amendment 45N,’’. For purposes of subparagraph (A)(ii), in the made by this section shall apply to taxable (c) EFFECTIVE DATE.— case of any area to which section 702(d)(2) or years beginning after December 31, 2009. (1) IN GENERAL.—Except as provided in 704(b) of the Tax Extenders and Alternative paragraph (2), the amendments made by this SEC. 224. CONTRIBUTIONS OF CAPITAL GAIN Minimum Tax Relief Act of 2008 applies, sec- REAL PROPERTY MADE FOR CON- section shall apply to taxable years begin- SERVATION PURPOSES. tion 1400N(c)(1)(A) shall be applied without ning after December 31, 2009. regard to clause (i) (a) IN GENERAL.—Clause (vi) of section (2) ALLOWANCE AGAINST AMT.—The amend- 170(b)(1)(E) is amended by striking ‘‘Decem- ‘‘(3) COORDINATION WITH NON-REFUNDABLE ments made by subsection (b) shall apply to ber 31, 2009’’ and inserting ‘‘December 31, CREDIT.—For purposes of this section, the credits determined for taxable years begin- 2010’’. amounts described in clauses (i) through (iv) ning after December 31, 2009, and to (b) CONTRIBUTIONS BY CERTAIN CORPORATE of subsection (h)(3)(C) with respect to any carrybacks of such credits. FARMERS AND RANCHERS.—Clause (iii) of sec- State for 2010 shall each be reduced by so much of such amount as is taken into ac- SEC. 246. EMPLOYER WAGE CREDIT FOR EMPLOY- tion 170(b)(2)(B) is amended by striking ‘‘De- EES WHO ARE ACTIVE DUTY MEM- cember 31, 2009’’ and inserting ‘‘December 31, count in determining the amount of the BERS OF THE UNIFORMED SERV- 2010’’. credit allowed with respect to such State ICES. (c) EFFECTIVE DATE.—The amendments under paragraph (1). (a) IN GENERAL.—Subsection (f) of section made by this section shall apply to contribu- ‘‘(4) SPECIAL RULE FOR BASIS.—Basis of a 45P is amended by striking ‘‘December 31, tions made in taxable years beginning after qualified low-income building shall not be 2009’’ and inserting ‘‘December 31, 2010’’. December 31, 2009. reduced by the amount of any payment made (b) EFFECTIVE DATE.—The amendment SEC. 225. ABOVE-THE-LINE DEDUCTION FOR under this subsection. made by this section shall apply to payments QUALIFIED TUITION AND RELATED ‘‘(5) PAYMENT OF CREDIT; USE TO FINANCE made after December 31, 2009. EXPENSES. LOW-INCOME BUILDINGS.—The Secretary shall SEC. 247. 5-YEAR DEPRECIATION FOR FARMING (a) IN GENERAL.—Subsection (e) of section pay to the housing credit agency of each 222 is amended by striking ‘‘December 31, BUSINESS MACHINERY AND EQUIP- State an amount equal to the credit allowed MENT. 2009’’ and inserting ‘‘December 31, 2010’’. under paragraph (1). Rules similar to the (a) IN GENERAL.—Clause (vii) of section (b) EFFECTIVE DATE.—The amendment rules of subsections (c) and (d) of section 1602 168(e)(3)(B) is amended by striking ‘‘January made by this section shall apply to taxable of the American Recovery and Reinvestment years beginning after December 31, 2009. 1, 2010’’ and inserting ‘‘January 1, 2011’’. Tax Act of 2009 shall apply with respect to (b) EFFECTIVE DATE.—The amendment SEC. 226. TAX-FREE DISTRIBUTIONS FROM INDI- any payment made under this paragraph, ex- made by this section shall apply to property VIDUAL RETIREMENT PLANS FOR cept that such subsection (d) shall be applied CHARITABLE PURPOSES. placed in service after December 31, 2009. by substituting ‘January 1, 2012’ for ‘January (a) IN GENERAL.—Subparagraph (F) of sec- SEC. 248. 15-YEAR STRAIGHT-LINE COST RECOV- 1, 2011’.’’. tion 408(d)(8) is amended by striking ‘‘De- ERY FOR QUALIFIED LEASEHOLD (b) CONFORMING AMENDMENT.—Section cember 31, 2009’’ and inserting ‘‘December 31, IMPROVEMENTS, QUALIFIED RES- 1324(b)(2) of title 31, United States Code, is TAURANT BUILDINGS AND IMPROVE- 2010’’. amended by inserting ‘‘42(n),’’ after ‘‘36C,’’. (b) EFFECTIVE DATE.—The amendment MENTS, AND QUALIFIED RETAIL IM- made by this section shall apply to distribu- Subtitle C—Business Tax Relief PROVEMENTS. tions made in taxable years beginning after SEC. 241. RESEARCH CREDIT. (a) IN GENERAL.—Clauses (iv), (v), and (ix) December 31, 2009. (a) IN GENERAL.—Subparagraph (B) of sec- of section 168(e)(3)(E) are each amended by striking ‘‘January 1, 2010’’ and inserting SEC. 227. LOOK-THRU OF CERTAIN REGULATED tion 41(h)(1) is amended by striking ‘‘Decem- INVESTMENT COMPANY STOCK IN ber 31, 2009’’ and inserting ‘‘December 31, ‘‘January 1, 2011’’. DETERMINING GROSS ESTATE OF 2010’’. (b) CONFORMING AMENDMENTS.— NONRESIDENTS. (b) CONFORMING AMENDMENT.—Subpara- (1) Clause (i) of section 168(e)(7)(A) is (a) IN GENERAL.—Paragraph (3) of section graph (D) of section 45C(b)(1) is amended by amended by striking ‘‘if such building is 2105(d) is amended by striking ‘‘December 31, striking ‘‘December 31, 2009’’ and inserting placed in service after December 31, 2008, and 2009’’ and inserting ‘‘December 31, 2010’’. ‘‘December 31, 2010’’. before January 1, 2010,’’.

VerDate Mar 15 2010 02:44 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\A17JN6.033 S17JNPT1 smartinez on DSKB9S0YB1PROD with SENATE June 17, 2010 CONGRESSIONAL RECORD — SENATE S5119 (2) Paragraph (8) of section 168(e) is amend- (1) by striking ‘‘first 4 taxable years’’ and such investment company shall not be liable ed by striking subparagraph (E). inserting ‘‘first 5 taxable years’’; and to any person to whom such distribution was (c) EFFECTIVE DATE.—The amendments (2) by striking ‘‘January 1, 2010’’ and in- made for any amount so withheld and paid made by this section shall apply to property serting ‘‘January 1, 2011’’. over to the Secretary of the Treasury. placed in service after December 31, 2009. (b) EFFECTIVE DATE.—The amendments SEC. 263. EXCEPTIONS FOR ACTIVE FINANCING SEC. 249. 7-YEAR RECOVERY PERIOD FOR MOTOR- made by this section shall apply to taxable INCOME. SPORTS ENTERTAINMENT COM- years beginning after December 31, 2009. (a) IN GENERAL.—Sections 953(e)(10) and PLEXES. SEC. 258. MODIFICATION OF TAX TREATMENT OF 954(h)(9) are each amended by striking ‘‘Jan- (a) IN GENERAL.—Subparagraph (D) of sec- CERTAIN PAYMENTS TO CONTROL- uary 1, 2010’’ and inserting ‘‘January 1, 2011’’. tion 168(i)(15) is amended by striking ‘‘De- LING EXEMPT ORGANIZATIONS. (b) CONFORMING AMENDMENT.—Section cember 31, 2009’’ and inserting ‘‘December 31, (a) IN GENERAL.—Clause (iv) of section 953(e)(10) is amended by striking ‘‘December 2010’’. 512(b)(13)(E) is amended by striking ‘‘Decem- 31, 2009’’ and inserting ‘‘December 31, 2010’’. (b) EFFECTIVE DATE.—The amendment ber 31, 2009’’ and inserting ‘‘December 31, (c) EFFECTIVE DATE.—The amendments made by this section shall apply to property 2010’’. made by this section shall apply to taxable placed in service after December 31, 2009. (b) EFFECTIVE DATE.—The amendment years of foreign corporations beginning after SEC. 250. ACCELERATED DEPRECIATION FOR made by this section shall apply to payments December 31, 2009, and to taxable years of BUSINESS PROPERTY ON AN INDIAN received or accrued after December 31, 2009. United States shareholders with or within RESERVATION. SEC. 259. EXCLUSION OF GAIN OR LOSS ON SALE which any such taxable year of such foreign (a) IN GENERAL.—Paragraph (8) of section OR EXCHANGE OF CERTAIN corporation ends. 168(j) is amended by striking ‘‘December 31, BROWNFIELD SITES FROM UNRE- SEC. 264. LOOK-THRU TREATMENT OF PAYMENTS 2009’’ and inserting ‘‘December 31, 2010’’. LATED BUSINESS INCOME. BETWEEN RELATED CONTROLLED (b) EFFECTIVE DATE.—The amendment (a) IN GENERAL.—Subparagraph (K) of sec- FOREIGN CORPORATIONS UNDER made by this section shall apply to property tion 512(b)(19) is amended by striking ‘‘De- FOREIGN PERSONAL HOLDING COM- placed in service after December 31, 2009. cember 31, 2009’’ and inserting ‘‘December 31, PANY RULES. N ENERAL SEC. 251. ENHANCED CHARITABLE DEDUCTION 2010’’. (a) I G .—Subparagraph (C) of sec- tion 954(c)(6) is amended by striking ‘‘Janu- FOR CONTRIBUTIONS OF FOOD IN- (b) EFFECTIVE DATE.—The amendment VENTORY. made by this section shall apply to property ary 1, 2010’’ and inserting ‘‘January 1, 2011’’. (b) EFFECTIVE DATE.—The amendment (a) IN GENERAL.—Clause (iv) of section acquired after December 31, 2009. made by this section shall apply to taxable 170(e)(3)(C) is amended by striking ‘‘Decem- SEC. 260. TIMBER REIT MODERNIZATION. ber 31, 2009’’ and inserting ‘‘December 31, years of foreign corporations beginning after (a) IN GENERAL.—Paragraph (8) of section December 31, 2009, and to taxable years of 2010’’. 856(c) is amended by striking ‘‘means’’ and (b) EFFECTIVE DATE.—The amendment United States shareholders with or within all that follows and inserting ‘‘means De- made by this section shall apply to contribu- which any such taxable year of such foreign cember 31, 2010.’’. tions made after December 31, 2009. corporation ends. (b) CONFORMING AMENDMENTS.— SEC. 252. ENHANCED CHARITABLE DEDUCTION SEC. 265. BASIS ADJUSTMENT TO STOCK OF S (1) Subparagraph (I) of section 856(c)(2) is CORPS MAKING CHARITABLE CON- FOR CONTRIBUTIONS OF BOOK IN- amended by striking ‘‘the first taxable year VENTORIES TO PUBLIC SCHOOLS. TRIBUTIONS OF PROPERTY. beginning after the date of the enactment of (a) IN GENERAL.—Clause (iv) of section (a) IN GENERAL.—Paragraph (2) of section this subparagraph’’ and inserting ‘‘a taxable 170(e)(3)(D) is amended by striking ‘‘Decem- 1367(a) is amended by striking ‘‘December 31, year beginning on or before the termination ber 31, 2009’’ and inserting ‘‘December 31, 2009’’ and inserting ‘‘December 31, 2010’’. date’’. 2010’’. (b) EFFECTIVE DATE.—The amendment (2) Clause (iii) of section 856(c)(5)(H) is (b) EFFECTIVE DATE.—The amendment made by this section shall apply to contribu- amended by inserting ‘‘in taxable years be- made by this section shall apply to contribu- tions made in taxable years beginning after ginning’’ after ‘‘dispositions’’. tions made after December 31, 2009. December 31, 2009. (3) Clause (v) of section 857(b)(6)(D) is SEC. 266. EMPOWERMENT ZONE TAX INCENTIVES. SEC. 253. ENHANCED CHARITABLE DEDUCTION amended by inserting ‘‘in a taxable year be- FOR CORPORATE CONTRIBUTIONS (a) IN GENERAL.—Section 1391 is amended— OF COMPUTER INVENTORY FOR ginning’’ after ‘‘sale’’. (1) by striking ‘‘December 31, 2009’’ in sub- EDUCATIONAL PURPOSES. (4) Subparagraph (G) of section 857(b)(6) is section (d)(1)(A)(i) and inserting ‘‘December (a) IN GENERAL.—Subparagraph (G) of sec- amended by inserting ‘‘in a taxable year be- 31, 2010’’; and tion 170(e)(6) is amended by striking ‘‘De- ginning’’ after ‘‘In the case of a sale’’. (2) by striking the last sentence of sub- cember 31, 2009’’ and inserting ‘‘December 31, (c) EFFECTIVE DATE.—The amendments section (h)(2). 2010’’. made by this section shall apply to taxable (b) INCREASED EXCLUSION OF GAIN ON STOCK (b) EFFECTIVE DATE.—The amendment years ending after May 22, 2009. OF EMPOWERMENT ZONE BUSINESSES.—Sub- made by this section shall apply to contribu- SEC. 261. TREATMENT OF CERTAIN DIVIDENDS paragraph (C) of section 1202(a)(2) is amend- tions made in taxable years beginning after OF REGULATED INVESTMENT COM- ed— December 31, 2009. PANIES. (1) by striking ‘‘December 31, 2014’’ and in- (a) IN GENERAL.—Paragraphs (1)(C) and SEC. 254. ELECTION TO EXPENSE MINE SAFETY serting ‘‘December 31, 2015’’; and EQUIPMENT. (2)(C) of section 871(k) are each amended by (2) by striking ‘‘2014’’ in the heading and in- (a) IN GENERAL.—Subsection (g) of section striking ‘‘December 31, 2009’’ and inserting serting ‘‘2015’’. 179E is amended by striking ‘‘December 31, ‘‘December 31, 2010’’. (c) TREATMENT OF CERTAIN TERMINATION 2009’’ and inserting ‘‘December 31, 2010’’. (b) EFFECTIVE DATE.—The amendments DATES SPECIFIED IN NOMINATIONS.—In the (b) EFFECTIVE DATE.—The amendment made by this section shall apply to taxable case of a designation of an empowerment made by this section shall apply to property years beginning after December 31, 2009. zone the nomination for which included a placed in service after December 31, 2009. SEC. 262. RIC QUALIFIED INVESTMENT ENTITY termination date which is contemporaneous TREATMENT UNDER FIRPTA. SEC. 255. SPECIAL EXPENSING RULES FOR CER- with the date specified in subparagraph TAIN FILM AND TELEVISION PRO- (a) IN GENERAL.—Clause (ii) of section (A)(i) of section 1391(d)(1) of the Internal DUCTIONS. 897(h)(4)(A) is amended by striking ‘‘Decem- Revenue Code of 1986 (as in effect before the (a) IN GENERAL.—Subsection (f) of section ber 31, 2009’’ and inserting ‘‘December 31, enactment of this Act), subparagraph (B) of 181 is amended by striking ‘‘December 31, 2010’’. such section shall not apply with respect to 2009’’ and inserting ‘‘December 31, 2010’’. (b) EFFECTIVE DATE.— such designation unless, after the date of the (b) EFFECTIVE DATE.—The amendment (1) IN GENERAL.—The amendment made by enactment of this section, the entity which made by this section shall apply to produc- subsection (a) shall take effect on January 1, made such nomination reconfirms such ter- tions commencing after December 31, 2009. 2010. Notwithstanding the preceding sen- mination date, or amends the nomination to SEC. 256. EXPENSING OF ENVIRONMENTAL REME- tence, such amendment shall not apply with provide for a new termination date, in such DIATION COSTS. respect to the withholding requirement manner as the Secretary of the Treasury (or (a) IN GENERAL.—Subsection (h) of section under section 1445 of the Internal Revenue the Secretary’s designee) may provide. 198 is amended by striking ‘‘December 31, Code of 1986 for any payment made before (d) EFFECTIVE DATE.—The amendments 2009’’ and inserting ‘‘December 31, 2010’’. the date of the enactment of this Act. made by this section shall apply to periods (b) EFFECTIVE DATE.—The amendment (2) AMOUNTS WITHHELD ON OR BEFORE DATE after December 31, 2009. made by this section shall apply to expendi- OF ENACTMENT.—In the case of a regulated in- SEC. 267. RENEWAL COMMUNITY TAX INCEN- tures paid or incurred after December 31, vestment company— TIVES. 2009. (A) which makes a distribution after De- (a) IN GENERAL.—Subsection (b) of section SEC. 257. DEDUCTION ALLOWABLE WITH RE- cember 31, 2009, and before the date of the en- 1400E is amended— SPECT TO INCOME ATTRIBUTABLE actment of this Act; and (1) by striking ‘‘December 31, 2009’’ in para- TO DOMESTIC PRODUCTION ACTIVI- (B) which would (but for the second sen- graphs (1)(A) and (3) and inserting ‘‘Decem- TIES IN PUERTO RICO. tence of paragraph (1)) have been required to ber 31, 2010’’; and (a) IN GENERAL.—Subparagraph (C) of sec- withhold with respect to such distribution (2) by striking ‘‘January 1, 2010’’ in para- tion 199(d)(8) is amended— under section 1445 of such Code, graph (3) and inserting ‘‘January 1, 2011’’.

VerDate Mar 15 2010 02:44 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\A17JN6.033 S17JNPT1 smartinez on DSKB9S0YB1PROD with SENATE S5120 CONGRESSIONAL RECORD — SENATE June 17, 2010

(b) ZERO-PERCENT CAPITAL GAINS RATE.— SEC. 270. ELECTION TO TEMPORARILY UTILIZE ‘‘(iii) APPLICATION OF STATUTE OF LIMITA- (1) ACQUISITION DATE.—Paragraphs (2)(A)(i), UNUSED AMT CREDITS DETERMINED TIONS.—With respect to the revocation of an (3)(A), (4)(A)(i), and (4)(B)(i) of section BY DOMESTIC INVESTMENT. election under clause (i)— 1400F(b) are each amended by striking ‘‘Jan- (a) IN GENERAL.—Section 53 is amended by ‘‘(I) the statutory period for the assess- uary 1, 2010’’ and inserting ‘‘January 1, 2011’’. adding at the end the following new sub- ment of any deficiency attributable to such section: (2) LIMITATION ON PERIOD OF GAINS.—Para- revocation shall not expire before the end of ‘‘(g) ELECTION FOR CORPORATIONS WITH NEW graph (2) of section 1400F(c) is amended— the 3-year period beginning on the date of DOMESTIC INVESTMENTS.— (A) by striking ‘‘December 31, 2014’’ and in- the election to have this subsection apply, ‘‘(1) IN GENERAL.—If a corporation elects to serting ‘‘December 31, 2015’’; and have this subsection apply for its first tax- and (B) by striking ‘‘2014’’ in the heading and in- able year beginning after December 31, 2009, ‘‘(II) such deficiency may be assessed be- serting ‘‘2015’’. the limitation imposed by subsection (c) for fore the expiration of such 3-year period not- (3) CLERICAL AMENDMENT.—Subsection (d) such taxable year shall be increased by the withstanding the provisions of any other law of section 1400F is amended by striking ‘‘and AMT credit adjustment amount. or rule of law which would otherwise prevent ‘December 31, 2014’ for ‘December 31, 2014’ ’’. ‘‘(2) AMT CREDIT ADJUSTMENT AMOUNT.— such assessment. ‘‘(C) EXCEPTION FOR ELIGIBLE SMALL BUSI- (c) COMMERCIAL REVITALIZATION DEDUC- For purposes of paragraph (1), the term NESSES.—Subparagraphs (A) and (B) shall not TION.— ‘AMT credit adjustment amount’ means, the apply to an eligible small business as defined (1) IN GENERAL.—Subsection (g) of section lesser of— 1400I is amended by striking ‘‘December 31, ‘‘(A) 50 percent of a corporation’s min- in section 172(b)(1)(H)(v)(II). 2009’’ and inserting ‘‘December 31, 2010’’. imum tax credit for its first taxable year be- ‘‘(8) REGULATIONS.—The Secretary may issue such regulations or other guidance as (2) CONFORMING AMENDMENT.—Subpara- ginning after December 31, 2009, determined graph (A) of section 1400I(d)(2) is amended by under subsection (b), or may be necessary or appropriate to carry out striking ‘‘after 2001 and before 2010’’ and in- ‘‘(B) 10 percent of new domestic invest- the purposes of this subsection, including to serting ‘‘which begins after 2001 and before ments made during such taxable year. prevent fraud and abuse under this sub- the date referred to in subsection (g)’’. ‘‘(3) NEW DOMESTIC INVESTMENTS.—For pur- section.’’. poses of this subsection, the term ‘new do- (b) CONFORMING AMENDMENTS.— (d) INCREASED EXPENSING UNDER SECTION mestic investments’ means the cost of quali- (1) Section 6211(b)(4)(A) is amended by in- 179.—Subparagraph (A) of section 1400J(b)(1) fied property (as defined in section serting ‘‘53(g),’’ after ‘‘53(e),’’. is amended by striking ‘‘January 1, 2010’’ and 168(k)(2)(A)(i))— (2) Section 1324(b)(2) of title 31, United inserting ‘‘January 1, 2011’’. ‘‘(A) the original use of which commences States Code, is amended by inserting ‘‘53(g),’’ (e) TREATMENT OF CERTAIN TERMINATION with the taxpayer during the taxable year, after ‘‘53(e),’’. DATES SPECIFIED IN NOMINATIONS.—In the and (c) EFFECTIVE DATE.—The amendments case of a designation of a renewal commu- ‘‘(B) which is placed in service in the made by this section shall apply to taxable nity the nomination for which included a United States by the taxpayer during such years beginning after December 31, 2009. termination date which is contemporaneous taxable year. SEC. 271. REDUCTION IN CORPORATE RATE FOR with the date specified in subparagraph (A) ‘‘(4) CREDIT REFUNDABLE.—For purposes of QUALIFIED TIMBER GAIN. of section 1400E(b)(1) of the Internal Revenue subsection (b) of section 6401, the aggregate (a) IN GENERAL.—Paragraph (1) of section Code of 1986 (as in effect before the enact- increase in the credits allowable under this 1201(b) is amended by striking ‘‘ending’’ and ment of this Act), subparagraph (B) of such part for any taxable year resulting from the all that follows through ‘‘such date’’. section shall not apply with respect to such application of this subsection shall be treat- (b) CONFORMING AMENDMENT.—Paragraph designation unless, after the date of the en- ed as allowed under subpart C (and not under (3) of section 1201(b) is amended to read as actment of this section, the entity which any other subpart). For purposes of section follows: made such nomination reconfirms such ter- 6425, any amount treated as so allowed shall ‘‘(3) APPLICATION OF SUBSECTION.—The mination date, or amends the nomination to be treated as a payment of estimated income qualified timber gain for any taxable year provide for a new termination date, in such tax for the taxable year. shall not exceed the qualified timber gain manner as the Secretary of the Treasury (or ‘‘(5) ELECTION.—An election under this sub- which would be determined by not taking the Secretary’s designee) may provide. section shall be made at such time and in into account any portion of such taxable year after December 31, 2010.’’. (f) EFFECTIVE DATES.— such manner as prescribed by the Secretary, (c) EFFECTIVE DATE.—The amendments (1) IN GENERAL.—Except as otherwise pro- and once made, may be revoked only with vided in this subsection, the amendments the consent of the Secretary. Not later than made by this section shall apply to taxable made by this section shall apply to periods 90 days after the date of the enactment of years ending after May 22, 2009. after December 31, 2009. this subsection, the Secretary shall issue SEC. 272. STUDY OF EXTENDED TAX EXPENDI- (2) ACQUISITIONS.—The amendments made guidance specifying such time and manner. TURES. by subsections (b)(1) and (d) shall apply to ‘‘(6) TREATMENT OF CERTAIN PARTNERSHIP (a) FINDINGS.—Congress finds the fol- acquisitions after December 31, 2009. INVESTMENTS.—For purposes of this sub- lowing: (3) COMMERCIAL REVITALIZATION DEDUC- section, a corporation shall take into ac- (1) Currently, the aggregate cost of Federal TION.— count its allocable share of any new domes- tax expenditures rivals, or even exceeds, the (A) IN GENERAL.—The amendment made by tic investments by a partnership for any tax- amount of total Federal discretionary spend- subsection (c)(1) shall apply to buildings able year if, and only if, more than 90 per- ing. placed in service after December 31, 2009. cent of the capital and profits interests in (2) Given the escalating public debt, a crit- (B) CONFORMING AMENDMENT.—The amend- such partnership are owned by such corpora- ical examination of this use of taxpayer dol- ment made by subsection (c)(2) shall apply to tion (directly or indirectly) at all times dur- lars is essential. calendar years beginning after December 31, ing such taxable year. (3) Additionally, tax expenditures can com- 2009. ‘‘(7) NO DOUBLE BENEFIT.— plicate the Internal Revenue Code of 1986 for ‘‘(A) IN GENERAL.—A corporation making taxpayers and complicate tax administration SEC. 268. TEMPORARY INCREASE IN LIMIT ON an election under this subsection may not for the Internal Revenue Service. COVER OVER OF RUM EXCISE TAXES make an election under subparagraph (H) of (4) To facilitate a better understanding of TO PUERTO RICO AND THE VIRGIN section 172(b)(1). tax expenditures in the future, it is construc- ISLANDS. ‘‘(B) SPECIAL RULES WITH RESPECT TO TAX- tive for legislation extending these provi- (a) IN GENERAL.—Paragraph (1) of section PAYERS PREVIOUSLY ELECTING APPLICABLE NET sions to include a study of such provisions. 7652(f) is amended by striking ‘‘January 1, OPERATING LOSSES.—In the case of a corpora- (b) REQUIREMENT TO REPORT.—Not later 2010’’ and inserting ‘‘January 1, 2011’’. tion which made an election under subpara- than November 30, 2010, the Chief of Staff of (b) EFFECTIVE DATE.—The amendment graph (H) of section 172(b)(1) and elects the the Joint Committee on Taxation, in con- made by this section shall apply to distilled application of this subsection— sultation with the Comptroller General of spirits brought into the United States after ‘‘(i) ELECTION OF APPLICABLE NET OPER- the United States, shall submit to the Com- December 31, 2009. ATING LOSS TREATED AS REVOKED.—The elec- mittee on Ways and Means of the House of tion under such subparagraph (H) shall (not- Representatives and the Committee on Fi- SEC. 269. PAYMENT TO AMERICAN SAMOA IN withstanding clause (iii)(II) of such subpara- nance of the Senate a report on each tax ex- LIEU OF EXTENSION OF ECONOMIC graph) be treated as having been revoked by penditure (as defined in section 3(3) of the DEVELOPMENT CREDIT. the taxpayer. Congressional Budget Impoundment Control The Secretary of the Treasury (or his des- ‘‘(ii) COORDINATION WITH PROVISION FOR EX- Act of 1974 (2 U.S.C. 622(3)) extended by this ignee) shall pay $18,000,000 to the Govern- PEDITED REFUND.—The amount otherwise title. ment of American Samoa for purposes of treated as a payment of estimated income (c) ROLLING SUBMISSION OF REPORTS.—The economic development. The payment made tax under the last sentence of paragraph (4) Chief of Staff of the Joint Committee on under the preceding sentence shall be treated shall be reduced (but not below zero) by the Taxation shall initially submit the reports for purposes of section 1324 of title 31, United aggregate increase in unpaid tax liability de- for each such tax expenditure enacted in this States Code, as a refund of internal revenue termined under this chapter by reason of the subtitle (relating to business tax relief) and collections to which such section applies. revocation of the election under clause (i). subtitle A (relating to energy) in order of the

VerDate Mar 15 2010 02:44 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\A17JN6.033 S17JNPT1 smartinez on DSKB9S0YB1PROD with SENATE June 17, 2010 CONGRESSIONAL RECORD — SENATE S5121

tax expenditure incurring the least aggre- (3) TECHNICAL AMENDMENT.—The amend- SEC. 296. WORK OPPORTUNITY TAX CREDIT WITH gate cost to the greatest aggregate cost (de- ment made by subsection (c) shall take ef- RESPECT TO CERTAIN INDIVIDUALS termined by reference to the cost estimate of fect as if included in section 709 of the Tax AFFECTED BY HURRICANE KATRINA this Act by the Joint Committee on Tax- Extenders and Alternative Minimum Tax Re- FOR EMPLOYERS INSIDE DISASTER AREAS. ation). Thereafter, such reports may be sub- lief Act of 2008. mitted in such order as the Chief of Staff de- (a) IN GENERAL.—Paragraph (1) of section SEC. 282. LOSSES ATTRIBUTABLE TO FEDERALLY 201(b) of the Katrina Emergency Tax Relief termines appropriate. DECLARED DISASTERS. (d) CONTENTS OF REPORT.—Such reports Act of 2005 is amended by striking ‘‘4-year’’ (a) IN GENERAL.—Subclause (I) of section and inserting ‘‘5-year’’. shall contain the following: 165(h)(3)(B)(i) is amended by striking ‘‘Janu- (b) EFFECTIVE DATE.—The amendment (1) An explanation of the tax expenditure ary 1, 2010’’ and inserting ‘‘January 1, 2011’’. and any relevant economic, social, or other made by subsection (a) shall apply to indi- (b) $500 LIMITATION.—Paragraph (1) of sec- viduals hired after August 27, 2009. context under which it was first enacted. tion 165(h) is amended by striking ‘‘Decem- (2) A description of the intended purpose of ber 31, 2009’’ and inserting ‘‘December 31, SEC. 297. EXTENSION OF LOW-INCOME HOUSING CREDIT RULES FOR BUILDINGS IN the tax expenditure. 2010’’. (3) An analysis of the overall success of the GO ZONES. (c) EFFECTIVE DATE.— tax expenditure in achieving such purpose, Section 1400N(c)(5) is amended by striking (1) IN GENERAL.—The amendment made by ‘‘January 1, 2011’’ and inserting ‘‘January 1, and evidence supporting such analysis. subsection (a) shall apply to federally de- 2013’’. (4) An analysis of the extent to which fur- clared disasters occurring after December 31, ther extending the tax expenditure, or mak- 2009. SEC. 298. TAX-EXEMPT BOND FINANCING. ing it permanent, would contribute to (2) $500 LIMITATION.—The amendment made (a) IN GENERAL.—Paragraphs (2)(D) and achieving such purpose. by subsection (b) shall apply to taxable years (7)(C) of section 1400N(a) are each amended (5) A description of the direct and indirect beginning after December 31, 2009. by striking ‘‘January 1, 2011’’ and inserting beneficiaries of the tax expenditure, includ- ‘‘January 1, 2012’’. ing identifying any unintended beneficiaries. SEC. 283. SPECIAL DEPRECIATION ALLOWANCE FOR QUALIFIED DISASTER PROP- (b) CONFORMING AMENDMENTS.—Sections (6) An analysis of whether the tax expendi- ERTY. 702(d)(1) and 704(a) of the Heartland Disaster ture is the most cost-effective method for (a) IN GENERAL.—Subclause (I) of section Tax Relief Act of 2008 (Public Law 110–343; achieving the purpose for which it was in- 168(n)(2)(A)(ii) is amended by striking ‘‘Janu- 122 Stat. 3913, 3919) are each amended by tended, and a description of any more cost- ary 1, 2010’’ and inserting ‘‘January 1, 2011’’. striking‘‘January 1, 2011’’ each place it ap- effective methods through which such pur- (b) EFFECTIVE DATE.—The amendment pears and inserting ‘‘January 1, 2012’’. pose could be accomplished. made by this section shall apply to disasters (7) A description of any unintended effects Subpart C—Midwester Disaster Areas occurring after December 31, 2009. of the tax expenditure that are useful in un- SEC. 299. SPECIAL RULES FOR USE OF RETIRE- derstanding the tax expenditure’s overall SEC. 284. NET OPERATING LOSSES ATTRIB- MENT FUNDS. UTABLE TO FEDERALLY DECLARED value. (a) IN GENERAL.—Section 702(d)(10) of the DISASTERS. (8) An analysis of how the tax expenditure Heartland Disaster Tax Relief Act of 2008 (a) IN GENERAL.—Subclause (I) of section could be modified to better achieve its origi- (Public Law 110–343; 122 Stat. 3918) is amend- 172(j)(1)(A)(i) is amended by striking ‘‘Janu- nal purpose. ed— ary 1, 2010’’ and inserting ‘‘January 1, 2011’’. (9) A brief description of any interactions (1) by striking ‘‘January 1, 2010’’ both (actual or potential) with other tax expendi- (b) EFFECTIVE DATE.—The amendment places it appears and inserting ‘‘January 1, tures or direct spending programs in the made by this section shall apply to losses at- 2011’’, and same or related budget function worthy of tributable to disasters occurring after De- (2) by striking ‘‘December 31, 2009’’ both further study. cember 31, 2009. places it appears and inserting ‘‘December (10) A description of any unavailable infor- SEC. 285. EXPENSING OF QUALIFIED DISASTER 31, 2010’’. EXPENSES. mation the staff of the Joint Committee on (b) EFFECTIVE DATE.—The amendments Taxation may need to complete a more thor- (a) IN GENERAL.—Subparagraph (A) of sec- made by this section shall take effect as if ough examination and analysis of the tax ex- tion 198A(b)(2) is amended by striking ‘‘Janu- included in section 702(d)(10) of the Heart- penditure, and what must be done to make ary 1, 2010’’ and inserting ‘‘January 1, 2011’’. land Disaster Tax Relief Act of 2008. such information available. (b) EFFECTIVE DATE.—The amendment SEC. 300. EXCLUSION OF CANCELLATION OF (e) MINIMUM ANALYSIS BY DEADLINE.—In made by this section shall apply to expendi- MORTGAGE INDEBTEDNESS. the event the Chief of Staff of the Joint tures on account of disasters occurring after (a) IN GENERAL.—Section 702(e)(4)(C) of the Committee on Taxation concludes it will not December 31, 2009. Heartland Disaster Tax Relief Act of 2008 be feasible to complete all reports by the SEC. 286. SPECIAL DEPRECIATION ALLOWANCE. (Public Law 110–343; 122 Stat. 3918) is amend- date specified in subsection (a), at a min- (a) IN GENERAL.—Paragraph (6) of section ed by striking ‘‘January 1, 2010’’ and insert- imum, the reports for each tax expenditure 1400N(d)(6) is amended by striking subpara- ing ‘‘January 1, 2011’’. enacted in this subtitle (relating to business graph (D). tax relief) and subtitle A (relating to energy) (b) EFFECTIVE DATE.—The amendments (b) EFFECTIVE DATE.—The amendment shall be completed by such date. made by this section shall apply to dis- made by this section shall apply to property charges of indebtedness after December 31, Subtitle D—Temporary Disaster Relief placed in service after December 31, 2009. 2009. Provisions PART II—REGIONAL PROVISIONS TITLE III—PENSION PROVISIONS PART I—NATIONAL DISASTER RELIEF Subpart A—New York Liberty Zone SEC. 281. WAIVER OF CERTAIN MORTGAGE REV- Subtitle A—Single Employer Plans ENUE BOND REQUIREMENTS. SEC. 291. SPECIAL DEPRECIATION ALLOWANCE SEC. 301. EXTENDED PERIOD FOR SINGLE-EM- (a) IN GENERAL.—Paragraph (11) of section FOR NONRESIDENTIAL AND RESI- PLOYER DEFINED BENEFIT PLANS 143(k) is amended by striking ‘‘January 1, DENTIAL REAL PROPERTY. TO AMORTIZE CERTAIN SHORTFALL 2010’’ and inserting ‘‘January 1, 2011’’. (a) IN GENERAL.—Subparagraph (A) of sec- AMORTIZATION BASES. (b) SPECIAL RULE FOR RESIDENCES DE- tion 1400L(b)(2) is amended by striking ‘‘De- (a) AMENDMENTS TO ERISA.— STROYED IN FEDERALLY DECLARED DISAS- cember 31, 2009’’ and inserting ‘‘December 31, (1) IN GENERAL.—Paragraph (2) of section TERS.—Paragraph (13) of section 143(k), as re- 2010’’. 303(c) of the Employee Retirement Income designated by subsection (c), is amended by (b) EFFECTIVE DATE.—The amendment Security Act of 1974 (29 U.S.C. 1083(c)) is striking ‘‘January 1, 2010’’ in subparagraphs made by this section shall apply to property amended by adding at the end the following (A)(i) and (B)(i) and inserting ‘‘January 1, placed in service after December 31, 2009. subparagraph: 2011’’. SEC. 292. TAX-EXEMPT BOND FINANCING. ‘‘(D) SPECIAL ELECTION FOR ELIGIBLE PLAN (c) TECHNICAL AMENDMENT.—Subsection (k) (a) IN GENERAL.—Subparagraph (D) of sec- YEARS.— of section 143 is amended by redesignating tion 1400L(d)(2) is amended by striking ‘‘Jan- ‘‘(i) IN GENERAL.—If a plan sponsor elects the second paragraph (12) (relating to special uary 1, 2010’’ and inserting ‘‘January 1, 2011’’. to apply this subparagraph with respect to rules for residences destroyed in federally (b) EFFECTIVE DATE.—The amendment the shortfall amortization base of a plan for declared disasters) as paragraph (13). made by this section shall apply to bonds any eligible plan year (in this subparagraph (d) EFFECTIVE DATES.— issued after December 31, 2009. and paragraph (7) referred to as an ‘election (1) IN GENERAL.—Except as otherwise pro- year’), then, notwithstanding subparagraphs Subpart B—GO Zone vided in this subsection, the amendment (A) and (B)— made by this section shall apply to bonds SEC. 295. INCREASE IN REHABILITATION CREDIT. ‘‘(I) the shortfall amortization install- issued after December 31, 2009. (a) IN GENERAL.—Subsection (h) of section ments with respect to such base shall be de- (2) RESIDENCES DESTROYED IN FEDERALLY 1400N is amended by striking ‘‘December 31, termined under clause (ii) or (iii), whichever DECLARED DISASTERS.—The amendments 2009’’ and inserting ‘‘December 31, 2010’’. is specified in the election, and made by subsection (b) shall apply with re- (b) EFFECTIVE DATE.—The amendment ‘‘(II) the shortfall amortization install- spect to disasters occurring after December made by this section shall apply to amounts ment for any plan year in the 9-plan-year pe- 31, 2009. paid or incurred after December 31, 2009. riod described in clause (ii) or the 15-plan-

VerDate Mar 15 2010 02:44 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\CR\FM\A17JN6.034 S17JNPT1 smartinez on DSKB9S0YB1PROD with SENATE S5122 CONGRESSIONAL RECORD — SENATE June 17, 2010 year period described in clause (iii), respec- 1974 (29 U.S.C. 1083(c)) is amended by adding treated as an installment acceleration tively, with respect to such shortfall amorti- at the end the following paragraph: amount with respect to the next succeeding zation base is the annual installment deter- ‘‘(7) INCREASES IN ALTERNATE REQUIRED IN- plan year. mined under the applicable clause for that STALLMENTS IN CASES OF EXCESS COMPENSA- ‘‘(III) LIMITATION ON YEARS TO WHICH year for that base. TION OR EXTRAORDINARY DIVIDENDS OR STOCK AMOUNTS CARRIED FOR.—No amount shall be ‘‘(ii) 2 PLUS 7 AMORTIZATION SCHEDULE.—The REDEMPTIONS.— carried under subclause (I) or (II) to a plan shortfall amortization installments deter- ‘‘(A) IN GENERAL.—If there is an install- year which begins after the first plan year mined under this clause are— ment acceleration amount with respect to a following the last plan year in the restric- ‘‘(I) in the case of the first 2 plan years in plan for any plan year in the restriction pe- tion period (or after the second plan year fol- the 9-plan-year period beginning with the riod with respect to an election year under lowing such last plan year in the case of an election year, interest on the shortfall amor- paragraph (2)(D), then the shortfall amorti- election year with respect to which 15-year tization base of the plan for the election year zation installment otherwise determined and amortization was elected under paragraph (determined using the effective interest rate payable under such paragraph for such plan (2)(D)). for the plan for the election year), and year shall, subject to the limitation under ‘‘(IV) ORDERING RULES.—For purposes of ‘‘(II) in the case of the last 7 plan years in subparagraph (B), be increased by such applying subclause (II), installment accelera- such 9-plan-year period, the amounts nec- amount. tion amounts for the plan year (determined essary to amortize the remaining balance of ‘‘(B) TOTAL INSTALLMENTS LIMITED TO without regard to any carryover under this the shortfall amortization base of the plan SHORTFALL BASE.—Subject to rules pre- clause) shall be applied first against the lim- for the election year in level annual install- scribed by the Secretary of the Treasury, if itation under clause (ii) and then carryovers ments over such last 7 plan years (using the a shortfall amortization installment with re- to such plan year shall be applied against segment rates under subparagraph (C) for the spect to any shortfall amortization base for such limitation on a first-in, first-out basis. election year). an election year is required to be increased ‘‘(D) EXCESS EMPLOYEE COMPENSATION.—For ‘‘(iii) 15-YEAR AMORTIZATION.—The shortfall for any plan year under subparagraph (A)— purposes of this paragraph— amortization installments determined under ‘‘(i) such increase shall not result in the ‘‘(i) IN GENERAL.—The term ‘excess em- this subparagraph are the amounts necessary amount of such installment exceeding the ployee compensation’ means, with respect to to amortize the shortfall amortization base present value of such installment and all any employee for any plan year, the excess of the plan for the election year in level an- succeeding installments with respect to such (if any) of— nual installments over the 15-plan-year pe- base (determined without regard to such in- ‘‘(I) the aggregate amount includible in in- riod beginning with the election year (using crease but after application of clause (ii)), come under chapter 1 of the Internal Rev- the segment rates under subparagraph (C) for and enue Code of 1986 for remuneration during the election year). ‘‘(ii) subsequent shortfall amortization in- the calendar year in which such plan year ‘‘(iv) ELECTION.— stallments with respect to such base shall, in begins for services performed by the em- ‘‘(I) IN GENERAL.—The plan sponsor of a reverse order of the otherwise required in- ployee for the plan sponsor (whether or not plan may elect to have this subparagraph stallments, be reduced to the extent nec- performed during such calendar year), over apply to not more than 2 eligible plan years essary to limit the present value of such sub- ‘‘(II) $1,000,000. with respect to the plan, except that in the sequent shortfall amortization installments ‘‘(ii) AMOUNTS SET ASIDE FOR NONQUALIFIED case of a plan described in section 106 of the (after application of this paragraph) to the DEFERRED COMPENSATION.—If during any cal- Pension Protection Act of 2006, the plan present value of the remaining unamortized endar year assets are set aside or reserved sponsor may only elect to have this subpara- shortfall amortization base. (directly or indirectly) in a trust (or other graph apply to a plan year beginning in 2011. ‘‘(C) INSTALLMENT ACCELERATION AMOUNT.— arrangement as determined by the Secretary ‘‘(II) AMORTIZATION SCHEDULE.—Such elec- For purposes of this paragraph— of the Treasury), or transferred to such a tion shall specify whether the amortization ‘‘(i) IN GENERAL.—The term ‘installment trust or other arrangement, by a plan spon- schedule under clause (ii) or (iii) shall apply acceleration amount’ means, with respect to sor for purposes of paying deferred com- to an election year, except that if a plan any plan year in a restriction period with re- pensation of an employee under a non- sponsor elects to have this subparagraph spect to an election year, the sum of— qualified deferred compensation plan (as de- apply to 2 eligible plan years, the plan spon- ‘‘(I) the aggregate amount of excess em- fined in section 409A of such Code) of the sor must elect the same schedule for both ployee compensation determined under sub- plan sponsor, then, for purposes of clause (i), years. paragraph (D) with respect to all employees the amount of such assets shall be treated as ‘‘(III) OTHER RULES.—Such election shall be for the plan year, plus remuneration of the employee includible in made at such time, and in such form and ‘‘(II) the aggregate amount of extraor- income for the calendar year unless such manner, as shall be prescribed by the Sec- dinary dividends and redemptions deter- amount is otherwise includible in income for retary of the Treasury, and may be revoked mined under subparagraph (E) for the plan such year. An amount to which the pre- only with the consent of the Secretary of the year. ceding sentence applies shall not be taken Treasury. The Secretary of the Treasury ‘‘(ii) ANNUAL LIMITATION.—The installment into account under this paragraph for any shall, before granting a revocation request, acceleration amount for any plan year shall subsequent calendar year. provide the Pension Benefit Guaranty Cor- not exceed the excess (if any) of— ‘‘(iii) ONLY REMUNERATION FOR CERTAIN poration an opportunity to comment on the ‘‘(I) the sum of the shortfall amortization POST-2009 SERVICES COUNTED.—Remuneration conditions applicable to the treatment of installments for the plan year and all pre- shall be taken into account under clause (i) any portion of the election year shortfall ceding plan years in the amortization period only to the extent attributable to services amortization base that remains unamortized elected under paragraph (2)(D) with respect performed by the employee for the plan spon- as of the revocation date. to the shortfall amortization base with re- sor after February 28, 2010. ‘‘(v) ELIGIBLE PLAN YEAR.—For purposes of spect to an election year, determined with- ‘‘(iv) EXCEPTION FOR CERTAIN EQUITY PAY- this subparagraph, the term ‘eligible plan out regard to paragraph (2)(D) and this para- MENTS.— year’ means any plan year beginning in 2008, graph, over ‘‘(I) IN GENERAL.—There shall not be taken 2009, 2010, or 2011, except that a plan year ‘‘(II) the sum of the shortfall amortization into account under clause (i)(I) any amount shall only be treated as an eligible plan year installments for such plan year and all such includible in income with respect to the if the due date under subsection (j)(1) for the preceding plan years, determined after appli- granting after February 28, 2010, of service payment of the minimum required contribu- cation of paragraph (2)(D) (and in the case of recipient stock (within the meaning of sec- tion for such plan year occurs on or after the any preceding plan year, after application of tion 409A of the Internal Revenue Code of date of the enactment of this subparagraph. this paragraph). 1986) that, upon such grant, is subject to a ‘‘(vi) REPORTING.—A plan sponsor of a plan ‘‘(iii) CARRYOVER OF EXCESS INSTALLMENT substantial risk of forfeiture (as defined who makes an election under clause (i) ACCELERATION AMOUNTS.— under section 83(c)(1) of such Code) for at shall— ‘‘(I) IN GENERAL.—If the installment accel- least 5 years from the date of such grant. ‘‘(I) give notice of the election to partici- eration amount for any plan year (deter- ‘‘(II) SECRETARIAL AUTHORITY.—The Sec- pants and beneficiaries of the plan, and mined without regard to clause (ii)) exceeds retary of the Treasury may by regulation ‘‘(II) inform the Pension Benefit Guaranty the limitation under clause (ii), then, subject provide for the application of this clause in Corporation of such election in such form to subclause (II), such excess shall be treated the case of a person other than a corpora- and manner as the Director of the Pension as an installment acceleration amount with tion. Benefit Guaranty Corporation may pre- respect to the succeeding plan year. ‘‘(v) OTHER EXCEPTIONS.—The following scribe. ‘‘(II) CAP TO APPLY.—If any amount treated amounts includible in income shall not be ‘‘(vii) INCREASES IN REQUIRED INSTALLMENTS as an installment acceleration amount under taken into account under clause (i)(I): IN CERTAIN CASES.—For increases in required subclause (I) or this subclause with respect ‘‘(I) COMMISSIONS.—Any remuneration pay- contributions in cases of excess compensa- any succeeding plan year, when added to able on a commission basis solely on account tion or extraordinary dividends or stock re- other installment acceleration amounts (de- of income directly generated by the indi- demptions, see paragraph (7).’’. termined without regard to clause (ii)) with vidual performance of the individual to (2) INCREASES IN REQUIRED INSTALLMENTS IN respect to the plan year, exceeds the limita- whom such remuneration is payable. CERTAIN CASES.—Section 303(c) of the Em- tion under clause (ii), the portion of such ‘‘(II) CERTAIN PAYMENTS UNDER EXISTING ployee Retirement Income Security Act of amount representing such excess shall be CONTRACTS.—Any remuneration consisting of

VerDate Mar 15 2010 02:44 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\A17JN6.034 S17JNPT1 smartinez on DSKB9S0YB1PROD with SENATE June 17, 2010 CONGRESSIONAL RECORD — SENATE S5123 nonqualified deferred compensation, re- by an employee benefit plan subject to the tization base of the plan for the election year stricted stock, stock options, or stock appre- provisions of this title). (determined using the effective interest rate ciation rights payable or granted under a ‘‘(F) OTHER DEFINITIONS AND RULES.—For for the plan for the election year), and written binding contract that was in effect purposes of this paragraph— ‘‘(II) in the case of the last 7 plan years in on March 1, 2010, and which was not modified ‘‘(i) PLAN SPONSOR.—The term ‘ plan spon- such 9-plan-year period, the amounts nec- in any material respect before such remu- sor’ includes any member of the plan spon- essary to amortize the remaining balance of neration is paid. sor’s controlled group (as defined in section the shortfall amortization base of the plan ‘‘(vi) SELF-EMPLOYED INDIVIDUAL TREATED 302(d)(3)). for the election year in level annual install- AS EMPLOYEE.—The term ‘employee’ in- ‘‘(ii) RESTRICTION PERIOD.—The term ‘re- ments over such last 7 plan years (using the cludes, with respect to a calendar year, a striction period’ means, with respect to any segment rates under subparagraph (C) for the self-employed individual who is treated as an election year— election year). employee under section 401(c) of such Code ‘‘(I) except as provided in subclause (II), ‘‘(iii) 15-YEAR AMORTIZATION.—The shortfall for the taxable year ending during such cal- the 3-year period beginning with the election amortization installments determined under endar year, and the term ‘compensation’ year (or, if later, the first plan year begin- this subparagraph are the amounts necessary shall include earned income of such indi- ning after December 31, 2009), and to amortize the shortfall amortization base vidual with respect to such self-employment. ‘‘(II) if the plan sponsor elects 15-year am- of the plan for the election year in level an- ‘‘(vii) INDEXING OF AMOUNT.—In the case of ortization for the shortfall amortization base nual installments over the 15-plan-year pe- any calendar year beginning after 2010, the for the election year, the 5-year period begin- riod beginning with the election year (using dollar amount under clause (i)(II) shall be in- ning with the election year (or, if later, the the segment rates under subparagraph (C) for creased by an amount equal to— first plan year beginning after December 31, the election year). ‘‘(I) such dollar amount, multiplied by 2009). ‘‘(iv) ELECTION.— ‘‘(II) the cost-of-living adjustment deter- ‘‘(iii) ELECTIONS FOR MULTIPLE PLANS.—If a ‘‘(I) IN GENERAL.—The plan sponsor of a mined under section 1(f)(3) of such Code for plan sponsor makes elections under para- plan may elect to have this subparagraph the calendar year, determined by sub- graph (2)(D) with respect to 2 or more plans, apply to not more than 2 eligible plan years stituting ‘calendar year 2009’ for ‘calendar the Secretary of the Treasury shall provide with respect to the plan, except that in the year 1992’ in subparagraph (B) thereof. rules for the application of this paragraph to case of a plan described in section 106 of the such plans, including rules for the ratable al- Pension Protection Act of 2006, the plan If the amount of any increase under clause location of any installment acceleration sponsor may only elect to have this subpara- (i) is not a multiple of $1,000, such increase amount among such plans on the basis of graph apply to a plan year beginning in 2011. shall be rounded to the next lowest multiple each plan’s relative reduction in the plan’s ‘‘(II) AMORTIZATION SCHEDULE.—Such elec- of $1,000. shortfall amortization installment for the tion shall specify whether the amortization ‘‘(E) EXTRAORDINARY DIVIDENDS AND RE- first plan year in the amortization period de- schedule under clause (ii) or (iii) shall apply DEMPTIONS.— scribed in subparagraph (A) (determined to an election year, except that if a plan ‘‘(i) IN GENERAL.—The amount determined without regard to this paragraph). sponsor elects to have this subparagraph under this subparagraph for any plan year is ‘‘(iv) MERGERS AND ACQUISITIONS.—The Sec- apply to 2 eligible plan years, the plan spon- the excess (if any) of the sum of the divi- retary of the Treasury shall prescribe rules sor must elect the same schedule for both dends declared during the plan year by the for the application of paragraph (2)(D) and years. plan sponsor plus the aggregate amount paid this paragraph in any case where there is a ‘‘(III) OTHER RULES.—Such election shall be for the redemption of stock of the plan spon- merger or acquisition involving a plan spon- made at such time, and in such form and sor redeemed during the plan year over the sor making the election under paragraph manner, as shall be prescribed by the Sec- greater of— (2)(D).’’. retary, and may be revoked only with the ‘‘(I) the adjusted net income (within the (3) CONFORMING AMENDMENTS.—Section 303 consent of the Secretary. The Secretary meaning of section 4043) of the plan sponsor of such Act (29 U.S.C. 1083) is amended— shall, before granting a revocation request, for the preceding plan year, determined (A) in subsection (c)(1), by striking ‘‘the provide the Pension Benefit Guaranty Cor- without regard to any reduction by reason of shortfall amortization bases for such plan poration an opportunity to comment on the interest, taxes, depreciation, or amortiza- year and each of the 6 preceding plan years’’ conditions applicable to the treatment of tion, or and inserting ‘‘any shortfall amortization any portion of the election year shortfall ‘‘(II) in the case of a plan sponsor that de- base which has not been fully amortized amortization base that remains unamortized termined and declared dividends in the same under this subsection’’, and as of the revocation date. manner for at least 5 consecutive years im- (B) in subsection (j)(3), by adding at the ‘‘(v) ELIGIBLE PLAN YEAR.—For purposes of mediately preceding such plan year, the ag- end the following: this subparagraph, the term ‘eligible plan gregate amount of dividends determined and ‘‘(F) QUARTERLY CONTRIBUTIONS NOT TO IN- year’ means any plan year beginning in 2008, declared for such plan year using such man- CLUDE CERTAIN INCREASED CONTRIBUTIONS.— 2009, 2010, or 2011, except that a plan year ner. Subparagraph (D) shall be applied without shall only be treated as an eligible plan year ‘‘(ii) ONLY CERTAIN POST-2009 DIVIDENDS AND regard to any increase under subsection if the due date under subsection (j)(1) for the REDEMPTIONS COUNTED.—For purposes of (c)(7).’’. payment of the minimum required contribu- clause (i), there shall only be taken into ac- (b) AMENDMENTS TO INTERNAL REVENUE tion for such plan year occurs on or after the count dividends declared, and redemptions CODE OF 1986.— date of the enactment of this subparagraph. occurring, after February 28, 2010. (1) IN GENERAL.—Paragraph (2) of section ‘‘(vi) REPORTING.—A plan sponsor of a plan ‘‘(iii) EXCEPTION FOR INTRA-GROUP DIVI- 430(c) is amended by adding at the end the who makes an election under clause (i) DENDS.—Dividends paid by one member of a following subparagraph: shall— controlled group (as defined in section ‘‘(D) SPECIAL ELECTION FOR ELIGIBLE PLAN ‘‘(I) give notice of the election to partici- 302(d)(3)) to another member of such group YEARS.— pants and beneficiaries of the plan, and shall not be taken into account under clause ‘‘(i) IN GENERAL.—If a plan sponsor elects ‘‘(II) inform the Pension Benefit Guaranty (i). to apply this subparagraph with respect to Corporation of such election in such form ‘‘(iv) EXCEPTION FOR CERTAIN REDEMP- the shortfall amortization base of a plan for and manner as the Director of the Pension TIONS.—Redemptions that are made pursuant any eligible plan year (in this subparagraph Benefit Guaranty Corporation may pre- to a plan maintained with respect to employ- and paragraph (7) referred to as an ‘election scribe. ees, or that are made on account of the year’), then, notwithstanding subparagraphs ‘‘(vii) INCREASES IN REQUIRED INSTALLMENTS death, disability, or termination of employ- (A) and (B)— IN CERTAIN CASES.—For increases in required ment of an employee or shareholder, shall ‘‘(I) the shortfall amortization install- contributions in cases of excess compensa- not be taken into account under clause (i). ments with respect to such base shall be de- tion or extraordinary dividends or stock re- ‘‘(v) EXCEPTION FOR CERTAIN PREFERRED termined under clause (ii) or (iii), whichever demptions, see paragraph (7).’’. STOCK.— is specified in the election, and (2) INCREASES IN REQUIRED CONTRIBUTIONS IF ‘‘(I) IN GENERAL.—Dividends and redemp- ‘‘(II) the shortfall amortization install- EXCESS COMPENSATION PAID.—Section 430(c) is tions with respect to applicable preferred ment for any plan year in the 9-plan-year pe- amended by adding at the end the following stock shall not be taken into account under riod described in clause (ii) or the 15-plan- paragraph: clause (i) to the extent that dividends accrue year period described in clause (iii), respec- ‘‘(7) INCREASES IN ALTERNATE REQUIRED IN- with respect to such stock at a specified rate tively, with respect to such shortfall amorti- STALLMENTS IN CASES OF EXCESS COMPENSA- in all events and without regard to the plan zation base is the annual installment deter- TION OR EXTRAORDINARY DIVIDENDS OR STOCK sponsor’s income, and interest accrues on mined under the applicable clause for that REDEMPTIONS.— any unpaid dividends with respect to such year for that base. ‘‘(A) IN GENERAL.—If there is an install- stock. ‘‘(ii) 2 PLUS 7 AMORTIZATION SCHEDULE.—The ment acceleration amount with respect to a ‘‘(II) APPLICABLE PREFERRED STOCK.—For shortfall amortization installments deter- plan for any plan year in the restriction pe- purposes of subclause (I), the term ‘applica- mined under this clause are— riod with respect to an election year under ble preferred stock’ means preferred stock ‘‘(I) in the case of the first 2 plan years in paragraph (2)(D), then the shortfall amorti- which was issued before March 1, 2010 (or the 9-plan-year period beginning with the zation installment otherwise determined and which was issued after such date and is held election year, interest on the shortfall amor- payable under such paragraph for such plan

VerDate Mar 15 2010 02:44 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\CR\FM\A17JN6.034 S17JNPT1 smartinez on DSKB9S0YB1PROD with SENATE S5124 CONGRESSIONAL RECORD — SENATE June 17, 2010

year shall, subject to the limitation under ‘‘(IV) ORDERING RULES.—For purposes of ‘‘(vii) INDEXING OF AMOUNT.—In the case of subparagraph (B), be increased by such applying subclause (II), installment accelera- any calendar year beginning after 2010, the amount. tion amounts for the plan year (determined dollar amount under clause (i)(II) shall be in- ‘‘(B) TOTAL INSTALLMENTS LIMITED TO without regard to any carryover under this creased by an amount equal to— SHORTFALL BASE.—Subject to rules pre- clause) shall be applied first against the lim- ‘‘(I) such dollar amount, multiplied by scribed by the Secretary, if a shortfall amor- itation under clause (ii) and then carryovers ‘‘(II) the cost-of-living adjustment deter- tization installment with respect to any to such plan year shall be applied against mined under section 1(f)(3) for the calendar shortfall amortization base for an election such limitation on a first-in, first-out basis. year, determined by substituting ‘calendar year is required to be increased for any plan ‘‘(D) EXCESS EMPLOYEE COMPENSATION.—For year 2009’ for ‘calendar year 1992’ in subpara- year under subparagraph (A)— purposes of this paragraph— graph (B) thereof. ‘‘(i) such increase shall not result in the ‘‘(i) IN GENERAL.—The term ‘excess em- If the amount of any increase under clause amount of such installment exceeding the ployee compensation’ means, with respect to (i) is not a multiple of $1,000, such increase present value of such installment and all any employee for any plan year, the excess shall be rounded to the next lowest multiple succeeding installments with respect to such (if any) of— of $1,000. base (determined without regard to such in- ‘‘(I) the aggregate amount includible in in- ‘‘(E) EXTRAORDINARY DIVIDENDS AND RE- crease but after application of clause (ii)), come under this chapter for remuneration DEMPTIONS.— and during the calendar year in which such plan ‘‘(i) IN GENERAL.—The amount determined ‘‘(ii) subsequent shortfall amortization in- year begins for services performed by the under this subparagraph for any plan year is stallments with respect to such base shall, in employee for the plan sponsor (whether or the excess (if any) of the sum of the divi- reverse order of the otherwise required in- not performed during such calendar year), dends declared during the plan year by the stallments, be reduced to the extent nec- over plan sponsor plus the aggregate amount paid essary to limit the present value of such sub- ‘‘(II) $1,000,000. for the redemption of stock of the plan spon- sequent shortfall amortization installments ‘‘(ii) AMOUNTS SET ASIDE FOR NONQUALIFIED sor redeemed during the plan year over the (after application of this paragraph) to the DEFERRED COMPENSATION.—If during any cal- greater of— present value of the remaining unamortized endar year assets are set aside or reserved ‘‘(I) the adjusted net income (within the shortfall amortization base. (directly or indirectly) in a trust (or other meaning of section 4043 of the Employee Re- ‘‘(C) INSTALLMENT ACCELERATION AMOUNT.— arrangement as determined by the Sec- tirement Income Security Act of 1974) of the For purposes of this paragraph— retary), or transferred to such a trust or plan sponsor for the preceding plan year, de- ‘‘(i) IN GENERAL.—The term ‘installment other arrangement, by a plan sponsor for termined without regard to any reduction by acceleration amount’ means, with respect to purposes of paying deferred compensation of reason of interest, taxes, depreciation, or any plan year in a restriction period with re- an employee under a nonqualified deferred amortization, or spect to an election year, the sum of— compensation plan (as defined in section ‘‘(II) in the case of a plan sponsor that de- ‘‘(I) the aggregate amount of excess em- 409A) of the plan sponsor, then, for purposes termined and declared dividends in the same ployee compensation determined under sub- of clause (i), the amount of such assets shall manner for at least 5 consecutive years im- paragraph (D) with respect to all employees be treated as remuneration of the employee mediately preceding such plan year, the ag- for the plan year, plus includible in income for the calendar year gregate amount of dividends determined and ‘‘(II) the aggregate amount of extraor- unless such amount is otherwise includible declared for such plan year using such man- dinary dividends and redemptions deter- in income for such year. An amount to which ner. mined under subparagraph (E) for the plan the preceding sentence applies shall not be ‘‘(ii) ONLY CERTAIN POST-2009 DIVIDENDS AND year. taken into account under this paragraph for REDEMPTIONS COUNTED.—For purposes of ‘‘(ii) ANNUAL LIMITATION.—The installment any subsequent calendar year. clause (i), there shall only be taken into ac- acceleration amount for any plan year shall ‘‘(iii) ONLY REMUNERATION FOR CERTAIN count dividends declared, and redemptions not exceed the excess (if any) of— POST-2009 SERVICES COUNTED.—Remuneration occurring, after February 28, 2010. ‘‘(I) the sum of the shortfall amortization shall be taken into account under clause (i) ‘‘(iii) EXCEPTION FOR INTRA-GROUP DIVI- installments for the plan year and all pre- only to the extent attributable to services DENDS.—Dividends paid by one member of a ceding plan years in the amortization period performed by the employee for the plan spon- controlled group (as defined in section elected under paragraph (2)(D) with respect sor after February 28, 2010. 412(d)(3)) to another member of such group to the shortfall amortization base with re- ‘‘(iv) EXCEPTION FOR CERTAIN EQUITY PAY- shall not be taken into account under clause spect to an election year, determined with- MENTS.— (i). out regard to paragraph (2)(D) and this para- ‘‘(I) IN GENERAL.—There shall not be taken ‘‘(iv) EXCEPTION FOR CERTAIN REDEMP- graph, over into account under clause (i)(I) any amount TIONS.—Redemptions that are made pursuant ‘‘(II) the sum of the shortfall amortization includible in income with respect to the to a plan maintained with respect to employ- installments for such plan year and all such granting after February 28, 2010, of service ees, or that are made on account of the preceding plan years, determined after appli- recipient stock (within the meaning of sec- death, disability, or termination of employ- cation of paragraph (2)(D) (and in the case of tion 409A) that, upon such grant, is subject ment of an employee or shareholder, shall any preceding plan year, after application of to a substantial risk of forfeiture (as defined not be taken into account under clause (i). this paragraph). under section 83(c)(1)) for at least 5 years ‘‘(v) EXCEPTION FOR CERTAIN PREFERRED ‘‘(iii) CARRYOVER OF EXCESS INSTALLMENT from the date of such grant. STOCK.— ACCELERATION AMOUNTS.— ‘‘(II) SECRETARIAL AUTHORITY.—The Sec- ‘‘(I) IN GENERAL.—Dividends and redemp- ‘‘(I) IN GENERAL.—If the installment accel- retary may by regulation provide for the ap- tions with respect to applicable preferred eration amount for any plan year (deter- plication of this clause in the case of a per- stock shall not be taken into account under mined without regard to clause (ii)) exceeds son other than a corporation. clause (i) to the extent that dividends accrue the limitation under clause (ii), then, subject ‘‘(v) OTHER EXCEPTIONS.—The following with respect to such stock at a specified rate to subclause (II), such excess shall be treated amounts includible in income shall not be in all events and without regard to the plan as an installment acceleration amount with taken into account under clause (i)(I): sponsor’s income, and interest accrues on respect to the succeeding plan year. ‘‘(I) COMMISSIONS.—Any remuneration pay- any unpaid dividends with respect to such ‘‘(II) CAP TO APPLY.—If any amount treated able on a commission basis solely on account stock. as an installment acceleration amount under of income directly generated by the indi- ‘‘(II) APPLICABLE PREFERRED STOCK.—For subclause (I) or this subclause with respect vidual performance of the individual to purposes of subclause (I), the term ‘applica- any succeeding plan year, when added to whom such remuneration is payable. ble preferred stock’ means preferred stock other installment acceleration amounts (de- ‘‘(II) CERTAIN PAYMENTS UNDER EXISTING which was issued before March 1, 2010 (or termined without regard to clause (ii)) with CONTRACTS.—Any remuneration consisting of which was issued after such date and is held respect to the plan year, exceeds the limita- nonqualified deferred compensation, re- by an employee benefit plan subject to the tion under clause (ii), the portion of such stricted stock, stock options, or stock appre- provisions of title I of Employee Retirement amount representing such excess shall be ciation rights payable or granted under a Income Security Act of 1974). treated as an installment acceleration written binding contract that was in effect ‘‘(F) OTHER DEFINITIONS AND RULES.—For amount with respect to the next succeeding on March 1, 2010, and which was not modified purposes of this paragraph— plan year. in any material respect before such remu- ‘‘(i) PLAN SPONSOR.—The term ‘ plan spon- ‘‘(III) LIMITATION ON YEARS TO WHICH neration is paid. sor’ includes any member of the plan spon- AMOUNTS CARRIED FOR.—No amount shall be ‘‘(vi) SELF-EMPLOYED INDIVIDUAL TREATED sor’s controlled group (as defined in section carried under subclause (I) or (II) to a plan AS EMPLOYEE.—The term ‘employee’ in- 412(d)(3)). year which begins after the first plan year cludes, with respect to a calendar year, a ‘‘(ii) RESTRICTION PERIOD.—The term ‘re- following the last plan year in the restric- self-employed individual who is treated as an striction period’ means, with respect to any tion period (or after the second plan year fol- employee under section 401(c) for the taxable election year— lowing such last plan year in the case of an year ending during such calendar year, and ‘‘(I) except as provided in subclause (II), election year with respect to which 15-year the term ‘compensation’ shall include earned the 3-year period beginning with the election amortization was elected under paragraph income of such individual with respect to year (or, if later, the first plan year begin- (2)(D)). such self-employment. ning after December 31, 2009), and

VerDate Mar 15 2010 04:17 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\CR\FM\A17JN6.034 S17JNPT1 smartinez on DSKB9S0YB1PROD with SENATE June 17, 2010 CONGRESSIONAL RECORD — SENATE S5125 ‘‘(II) if the plan sponsor elects 15-year am- ‘‘(A) in the case of the increased unfunded 412(l)(8)(B) of such Code) of the plan for the ortization for the shortfall amortization base new liability of the plan, the applicable per- second plan year preceding the first election for the election year, the 5-year period begin- centage described in section 302(d)(4)(C) of year of such plan. ning with the election year (or, if later, the such Act and section 412(l)(4)(C) of such Code ‘‘(4) OTHER DEFINITIONS.—The terms ‘un- first plan year beginning after December 31, shall be the third segment rate described in funded new liability’ and ‘current liability’ 2009). sections 104(b), 105(b), and 106(b) of this Act, shall have the meanings set forth in section ‘‘(iii) ELECTIONS FOR MULTIPLE PLANS.—If a and 302(d) of such Act and section 412(l) of such plan sponsor makes elections under para- ‘‘(B) in the case of the excess of the un- Code.’’. graph (2)(D) with respect to 2 or more plans, funded new liability over the increased un- (b) ELIGIBLE CHARITY PLANS.—Section 104 the Secretary shall provide rules for the ap- funded new liability, such applicable per- of the Pension Protection Act of 2006 is plication of this paragraph to such plans, in- centage shall be determined without regard amended— cluding rules for the ratable allocation of to this section. (1) by striking ‘‘eligible cooperative plan’’ any installment acceleration amount among ‘‘(c) APPLICATION OF 15-YEAR AMORTIZA- wherever it appears in subsections (a) and (b) such plans on the basis of each plan’s rel- TION.—In the case of an election year to and inserting ‘‘eligible cooperative plan or ative reduction in the plan’s shortfall amor- which this subsection applies, for purposes of an eligible charity plan’’, and tization installment for the first plan year in applying section 302(d) of such Act and sec- (2) by adding at the end the following new the amortization period described in sub- tion 412(l) of such Code— subsection: paragraph (A) (determined without regard to ‘‘(1) in the case of the increased unfunded ‘‘(d) ELIGIBLE CHARITY PLAN DEFINED.—For this paragraph). new liability of the plan, the applicable per- purposes of this section, a plan shall be ‘‘(iv) MERGERS AND ACQUISITIONS.—The Sec- centage described in section 302(d)(4)(C) of treated as an eligible charity plan for a plan retary shall prescribe rules for the applica- such Act and section 412(l)(4)(C) of such Code year if the plan is maintained by more than tion of paragraph (2)(D) and this paragraph for any pre-effective date plan year begin- one employer (determined without regard to in any case where there is a merger or acqui- ning with or after the first election year section 414(c) of the Internal Revenue Code) sition involving a plan sponsor making the shall be the ratio of— and 100 percent of the employers are de- election under paragraph (2)(D).’’. ‘‘(A) the annual installments payable in scribed in section 501(c)(3) of such Code.’’. FFECTIVE ATE (3) CONFORMING AMENDMENTS.—Section 430 each year if the increased unfunded new li- (c) E D .— is amended— ability for such plan year were amortized (1) IN GENERAL.—The amendment made by (A) in subsection (c)(1), by striking ‘‘the over 15 years, using an interest rate equal to subsection (a) shall take effect as if included shortfall amortization bases for such plan the third segment rate described in sections in the Pension Protection Act of 2006. year and each of the 6 preceding plan years’’ 104(b), 105(b), and 106(b) of this Act, to (2) ELIGIBLE CHARITY PLAN.—The amend- and inserting ‘‘any shortfall amortization ‘‘(B) the increased unfunded new liability ments made by subsection (b) shall apply to base which has not been fully amortized for such plan year, and plan years beginning after December 31, 2007, under this subsection’’, and ‘‘(2) in the case of the excess of the un- except that a plan sponsor may elect to (B) in subsection (j)(3), by adding at the funded new liability over the increased un- apply such amendments to plan years begin- end the following: funded new liability, such applicable per- ning after December 31, 2008. Any such elec- ‘‘(F) QUARTERLY CONTRIBUTIONS NOT TO IN- centage shall be determined without regard tion shall be made at such time, and in such CLUDE CERTAIN INCREASED CONTRIBUTIONS.— to this section. form and manner, as shall be prescribed by Subparagraph (D) shall be applied without ‘‘(d) ELECTION.— the Secretary of the Treasury, and may be regard to any increase under subsection ‘‘(1) IN GENERAL.—The plan sponsor of a revoked only with the consent of the Sec- (c)(7).’’. plan may elect to have this section apply to retary of the Treasury. (c) EFFECTIVE DATE.—The amendments not more than 2 eligible plan years with re- SEC. 303. LOOKBACK FOR CERTAIN BENEFIT RE- made by this section shall apply to plan spect to the plan, except that in the case of STRICTIONS. years beginning after December 31, 2007. a plan to which section 106 of this Act ap- (a) IN GENERAL.— SEC. 302. APPLICATION OF EXTENDED AMORTI- plies, the plan sponsor may only elect to (1) AMENDMENT TO ERISA.—Section 206(g)(9) ZATION PERIOD TO PLANS SUBJECT have this section apply to 1 eligible plan of the Employee Retirement Income Secu- TO PRIOR LAW FUNDING RULES. year. rity Act of 1974 is amended by adding at the (a) IN GENERAL.—Title I of the Pension ‘‘(2) AMORTIZATION SCHEDULE.—Such elec- end the following: Protection Act of 2006 is amended by redesig- tion shall specify whether the rules under ‘‘(D) SPECIAL RULE FOR CERTAIN YEARS.— nating section 107 as section 108 and by in- subsection (b) or (c) shall apply to an elec- Solely for purposes of any applicable provi- serting the following after section 106: tion year, except that if a plan sponsor elects sion— ‘‘SEC. 107. APPLICATION OF EXTENDED AMORTI- to have this section apply to 2 eligible plan ‘‘(i) IN GENERAL.—For plan years beginning ZATION PERIODS TO PLANS WITH years, the plan sponsor must elect the same on or after October 1, 2008, and before Octo- DELAYED EFFECTIVE DATE. rule for both years. ber 1, 2010, the adjusted funding target at- ‘‘(a) IN GENERAL.—If the plan sponsor of a THER RULES.—Such election shall be tainment percentage of a plan shall be the plan to which section 104, 105, or 106 of this ‘‘(3) O greater of— Act applies elects to have this section apply made at such time, and in such form and ‘‘(I) such percentage, as determined with- for any eligible plan year (in this section re- manner, as shall be prescribed by the Sec- out regard to this subparagraph, or ferred to as an ‘election year’), section 302 of retary of the Treasury, and may be revoked ‘‘(II) the adjusted funding target attain- the Employee Retirement Income Security only with the consent of the Secretary of the Act of 1974 and section 412 of the Internal Treasury. ment percentage for such plan for the plan Revenue Code of 1986 (as in effect before the ‘‘(e) DEFINITIONS.—For purposes of this sec- year beginning after October 1, 2007, and be- amendments made by this subtitle and sub- tion— fore October 1, 2008, as determined under title B) shall apply to such year in the man- ‘‘(1) ELIGIBLE PLAN YEAR.—For purposes of rules prescribed by the Secretary of the ner described in subsection (b) or (c), which- this subparagraph, the term ‘eligible plan Treasury. ever is specified in the election. All ref- year’ means any plan year beginning in 2008, ‘‘(ii) SPECIAL RULE.—In the case of a plan erences in this section to ‘such Act’ or ‘such 2009, 2010, or 2011, except that a plan year be- for which the valuation date is not the first Code’ shall be to such Act or such Code as in ginning in 2008 shall only be treated as an el- day of the plan year— effect before the amendments made by this igible plan year if the due date for the pay- ‘‘(I) clause (i) shall apply to plan years be- subtitle and subtitle B. ment of the minimum required contribution ginning after December 31, 2007, and before ‘‘(b) APPLICATION OF 2 AND 7 RULE.—In the for such plan year occurs on or after the date January 1, 2010, and case of an election year to which this sub- of the enactment of this clause. ‘‘(II) clause (i)(II) shall apply based on the section applies— ‘‘(2) PRE-EFFECTIVE DATE PLAN YEAR.—The last plan year beginning before November 1, ‘‘(1) 2-YEAR LOOKBACK FOR DETERMINING term ‘pre-effective date plan year’ means, 2007, as determined under rules prescribed by DEFICIT REDUCTION CONTRIBUTIONS FOR CER- with respect to a plan, any plan year prior to the Secretary of the Treasury. TAIN PLANS.—For purposes of applying sec- the first year in which the amendments ‘‘(iii) APPLICABLE PROVISION.—For purposes tion 302(d)(9) of such Act and section 412(l)(9) made by this subtitle and subtitle B apply to of this subparagraph, the term ‘applicable of such Code, the funded current liability the plan. provision’ means— percentage (as defined in subparagraph (C) ‘‘(3) INCREASED UNFUNDED NEW LIABILITY.— ‘‘(I) paragraph (3), but only for purposes of thereof) for such plan for such plan year The term ‘increased unfunded new liability’ applying such paragraph to a payment shall be such funded current liability per- means, with respect to a year, the excess (if which, as determined under rules prescribed centage of such plan for the second plan year any) of the unfunded new liability over the by the Secretary of the Treasury, is a pay- preceding the first election year of such amount of unfunded new liability deter- ment under a social security leveling option plan. mined as if the value of the plan’s assets de- which accelerates payments under the plan ‘‘(2) CALCULATION OF DEFICIT REDUCTION termined under subsection 302(c)(2) of such before, and reduces payments after, a partic- CONTRIBUTION.—For purposes of applying sec- Act and section 412(c)(2) of such Code equaled ipant starts receiving social security bene- tion 302(d) of such Act and section 412(l) of the product of the current liability of the fits in order to provide substantially similar such Code to a plan to which such sections plan for the year multiplied by the funded aggregate payments both before and after apply (after taking into account paragraph current liability percentage (as defined in such benefits are received, and (1))— section 302(d)(8)(B) of such Act and ‘‘(II) paragraph (4).’’.

VerDate Mar 15 2010 02:44 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\CR\FM\A17JN6.034 S17JNPT1 smartinez on DSKB9S0YB1PROD with SENATE S5126 CONGRESSIONAL RECORD — SENATE June 17, 2010

(2) AMENDMENT TO INTERNAL REVENUE CODE ‘‘(ii) SPECIAL RULE.—In the case of a plan year in which such net investment loss was OF 1986.—Section 436(j) of the Internal Rev- for which the valuation date is not the first incurred. enue Code of 1986 is amended by adding at day of the plan year— ‘‘(ii) COORDINATION WITH EXTENSIONS.—If the end the following: ‘‘(I) clause (i) shall apply to plan years be- this subparagraph applies for any plan year— ‘‘(3) SPECIAL RULE FOR CERTAIN YEARS.— ginning after December 31, 2008, and before ‘‘(I) no extension of the amortization pe- Solely for purposes of any applicable provi- January 1, 2011, and riod under clause (i) shall be allowed under sion— ‘‘(II) clause (i)(II) shall apply based on the subsection (d), and ‘‘(A) IN GENERAL.—For plan years begin- last plan year beginning before September 1, ‘‘(II) if an extension was granted under ning on or after October 1, 2008, and before 2007, as determined under rules prescribed by subsection (d) for any plan year before the October 1, 2010, the adjusted funding target the Secretary of the Treasury. election to have this subparagraph apply to attainment percentage of a plan shall be the ‘‘(iii) LIMITATION TO CHARITIES.—This sub- the plan year, such extension shall not result greater of— paragraph shall not apply to any plan unless in such amortization period exceeding 30 ‘‘(i) such percentage, as determined with- such plan is maintained exclusively by one years. out regard to this paragraph, or or more organizations described in section ‘‘(iii) NET INVESTMENT LOSSES.—For pur- ‘‘(ii) the adjusted funding target attain- 501(c)(3) of the Internal Revenue Code of poses of this subparagraph— 1986.’’. ment percentage for such plan for the plan ‘‘(I) IN GENERAL.—Net investment losses (b) AMENDMENT TO INTERNAL REVENUE CODE year beginning after October 1, 2007, and be- shall be determined in the manner prescribed OF 1986.—Paragraph (3) of section 430(f) of the fore October 1, 2008, as determined under by the Secretary of the Treasury on the basis rules prescribed by the Secretary. Internal Revenue Code of 1986 is amended by adding the following at the end thereof: of the difference between actual and ex- ‘‘(B) SPECIAL RULE.—In the case of a plan pected returns (including any difference at- for which the valuation date is not the first ‘‘(D) SPECIAL RULE FOR CERTAIN YEARS OF PLANS MAINTAINED BY CHARITIES.— tributable to any criminally fraudulent in- day of the plan year— vestment arrangement). ‘‘(i) subparagraph (A) shall apply to plan ‘‘(i) IN GENERAL.—For purposes of applying subparagraph (C) for plan years beginning ‘‘(II) CRIMINALLY FRAUDULENT INVESTMENT years beginning after December 31, 2007, and ARRANGEMENTS.—The determination as to before January 1, 2010, and after August 31, 2009, and before September 1, 2011, the ratio determined under such sub- whether an arrangement is a criminally ‘‘(ii) subparagraph (A)(ii) shall apply based paragraph for the preceding plan year of a fraudulent investment arrangement shall be on the last plan year beginning before No- plan shall be the greater of— made under rules substantially similar to vember 1, 2007, as determined under rules ‘‘(I) such ratio, as determined without re- the rules prescribed by the Secretary of the prescribed by the Secretary. gard to this subsection, or Treasury for purposes of section 165 of the ‘‘(C) APPLICABLE PROVISION.—For purposes ‘‘(II) the ratio for such plan for the plan Internal Revenue Code of 1986. of this paragraph, the term ‘applicable provi- year beginning after August 31, 2007 and be- ‘‘(B) EXPANDED SMOOTHING PERIOD.— sion’ means— fore September 1, 2008, as determined under ‘‘(i) IN GENERAL.—A multiemployer plan ‘‘(i) subsection (d), but only for purposes of rules prescribed by the Secretary. with respect to which the solvency test applying such paragraph to a payment ‘‘(ii) SPECIAL RULE.—In the case of a plan under subparagraph (C) is met may change which, as determined under rules prescribed for which the valuation date is not the first its asset valuation method in a manner by the Secretary, is a payment under a so- day of the plan year— which— cial security leveling option which acceler- ‘‘(I) clause (i) shall apply to plan years be- ‘‘(I) spreads the difference between ex- ates payments under the plan before, and re- ginning after December 31, 2007, and before pected and actual returns for either or both duces payments after, a participant starts January 1, 2010, and of the first 2 plan years ending after August receiving social security benefits in order to ‘‘(II) clause (i)(II) shall apply based on the 31, 2008, over a period of not more than 10 provide substantially similar aggregate pay- last plan year beginning before September 1, years, ments both before and after such benefits are 2007, as determined under rules prescribed by ‘‘(II) provides that for either or both of the received, and the Secretary. first 2 plan years beginning after August 31, ‘‘(ii) subsection (e).’’. ‘‘(iii) LIMITATION TO CHARITIES.—This sub- 2008, the value of plan assets at any time (b) INTERACTION WITH WRERA RULE.—Sec- paragraph shall not apply to any plan unless shall not be less than 80 percent or greater tion 203 of the Worker, Retiree, and Em- such plan is maintained exclusively by one than 130 percent of the fair market value of ployer Recovery Act of 2008 shall apply to a or more organizations described in section such assets at such time, or plan for any plan year in lieu of the amend- 501(c)(3).’’. ‘‘(III) makes both changes described in sub- ments made by this section applying to sec- (c) EFFECTIVE DATE.— clauses (I) and (II) to such method. tions 206(g)(4) of the Employee Retirement (1) IN GENERAL.—Except as provided in ‘‘(ii) ASSET VALUATION METHODS.—If this Income Security Act of 1974 and 436(e) of the paragraph (2), the amendments made by this subparagraph applies for any plan year— Internal Revenue Code of 1986 only to the ex- section shall apply to plan years beginning ‘‘(I) the Secretary of the Treasury shall tent that such section produces a higher ad- after August 31, 2009. not treat the asset valuation method of the justed funding target attainment percentage (2) SPECIAL RULE.—In the case of a plan for plan as unreasonable solely because of the for such plan for such year. which the valuation date is not the first day changes in such method described in clause (c) EFFECTIVE DATE.— of the plan year, the amendments made by (i), and (1) IN GENERAL.—Except as provided in this section shall apply to plan years begin- ‘‘(II) such changes shall be deemed ap- paragraph (2), the amendments made by this ning after December 31, 2008. proved by such Secretary under section section shall apply to plan years beginning Subtitle B—Multiemployer Plans 302(d)(1) and section 412(d)(1) of such Code. on or after October 1, 2008. SEC. 321. ADJUSTMENTS TO FUNDING STANDARD ‘‘(iii) AMORTIZATION OF REDUCTION IN UN- (2) SPECIAL RULE.—In the case of a plan for ACCOUNT RULES. FUNDED ACCRUED LIABILITY.—If this subpara- which the valuation date is not the first day (a) ADJUSTMENTS.— graph and subparagraph (A) both apply for of the plan year, the amendments made by (1) AMENDMENT TO ERISA.—Section 304(b) of any plan year, the plan shall treat any re- this section shall apply to plan years begin- the Employee Retirement Income Security duction in unfunded accrued liability result- ning after December 31, 2007. Act of 1974 (29 U.S.C. 1084(b)) is amended by ing from the application of this subpara- SEC. 304. LOOKBACK FOR CREDIT BALANCE adding at the end the following new para- graph as a separate experience amortization RULE FOR PLANS MAINTAINED BY graph: base, to be amortized in equal annual install- CHARITIES. ‘‘(8) SPECIAL RELIEF RULES.—Notwith- ments (until fully amortized) over a period (a) AMENDMENT TO ERISA.—Paragraph (3) of standing any other provision of this sub- of 30 plan years rather than the period such section 303(f) of the Employee Retirement section— liability would otherwise be amortized over. Income Security Act of 1974 is amended by ‘‘(A) AMORTIZATION OF NET INVESTMENT ‘‘(C) SOLVENCY TEST.—The solvency test adding the following at the end thereof: LOSSES.— under this paragraph is met only if the plan ‘‘(D) SPECIAL RULE FOR CERTAIN YEARS OF ‘‘(i) IN GENERAL.—A multiemployer plan actuary certifies that the plan is projected PLANS MAINTAINED BY CHARITIES.— with respect to which the solvency test to have sufficient assets to timely pay ex- ‘‘(i) IN GENERAL.—For purposes of applying under subparagraph (C) is met may treat the pected benefits and anticipated expenditures subparagraph (C) for plan years beginning portion of any experience loss or gain attrib- over the amortization period, taking into ac- after August 31, 2009, and before September 1, utable to net investment losses incurred in count the changes in the funding standard 2011, the ratio determined under such sub- either or both of the first two plan years account under this paragraph. paragraph for the preceding plan year shall ending after August 31, 2008, as an item sepa- ‘‘(D) RESTRICTION ON BENEFIT INCREASES.— be the greater of— rate from other experience losses, to be am- If subparagraph (A) or (B) apply to a multi- ‘‘(I) such ratio, as determined without re- ortized in equal annual installments (until employer plan for any plan year, then, in ad- gard to this subparagraph, or fully amortized) over the period — dition to any other applicable restrictions on ‘‘(II) the ratio for such plan for the plan ‘‘(I) beginning with the plan year in which benefit increases, a plan amendment increas- year beginning after August 31, 2007, and be- such portion is first recognized in the actu- ing benefits may not go into effect during ei- fore September 1, 2008, as determined under arial value of assets, and ther of the 2 plan years immediately fol- rules prescribed by the Secretary of the ‘‘(II) ending with the last plan year in the lowing such plan year unless— Treasury. 30-plan year period beginning with the plan ‘‘(i) the plan actuary certifies that—

VerDate Mar 15 2010 02:44 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\CR\FM\A17JN6.035 S17JNPT1 smartinez on DSKB9S0YB1PROD with SENATE June 17, 2010 CONGRESSIONAL RECORD — SENATE S5127 ‘‘(I) any such increase is paid for out of ad- ‘‘(II) provides that for either or both of the section, shall take effect on the date of en- ditional contributions not allocated to the first 2 plan years beginning after August 31, actment of this Act. plan immediately before the application of 2008, the value of plan assets at any time TITLE IV—REVENUE OFFSETS this paragraph to the plan, and shall not be less than 80 percent or greater SEC. 401. ROLLOVERS FROM ELECTIVE DEFER- ‘‘(II) the plan’s funded percentage and pro- than 130 percent of the fair market value of RAL PLANS TO ROTH DESIGNATED jected credit balances for such 2 plan years such assets at such time, or ACCOUNTS. are reasonably expected to be at least as ‘‘(III) makes both changes described in sub- (a) IN GENERAL.—Section 402A(c) of the In- high as such percentage and balances would clauses (I) and (II) to such method. ternal Revenue Code of 1986 is amended by have been if the benefit increase had not ‘‘(ii) ASSET VALUATION METHODS.—If this adding at the end the following new para- been adopted, or subparagraph applies for any plan year— graph: ‘‘(ii) the amendment is required as a condi- ‘‘(I) the Secretary shall not treat the asset ‘‘(4) TAXABLE ROLLOVERS TO DESIGNATED tion of qualification under part I of sub- valuation method of the plan as unreason- ROTH ACCOUNTS.— chapter D of chapter 1 of the Internal Rev- able solely because of the changes in such ‘‘(A) IN GENERAL.—Notwithstanding sec- enue Code of 1986 or to comply with other ap- method described in clause (i), and tions 402(c), 403(b)(8), and 457(e)(16), in the plicable law. ‘‘(II) such changes shall be deemed ap- case of any distribution to which this para- ‘‘(E) REPORTING.—A plan sponsor of a plan proved by the Secretary under section graph applies— to which this paragraph applies shall— 302(d)(1) of the Employee Retirement Income ‘‘(i) there shall be included in gross income ‘‘(i) give notice of such application to par- Security Act of 1974 and section 412(d)(1). any amount which would be includible were ticipants and beneficiaries of the plan, and ‘‘(iii) AMORTIZATION OF REDUCTION IN UN- it not part of a qualified rollover contribu- ‘‘(ii) inform the Pension Benefit Guaranty FUNDED ACCRUED LIABILITY.—If this subpara- tion, Corporation of such application in such form graph and subparagraph (A) both apply for ‘‘(ii) section 72(t) shall not apply, and and manner as the Director of the Pension any plan year, the plan shall treat any re- ‘‘(iii) unless the taxpayer elects not to Benefit Guaranty Corporation may pre- duction in unfunded accrued liability result- have this clause apply, any amount required scribe.’’. ing from the application of this subpara- to be included in gross income for any tax- (2) AMENDMENT TO INTERNAL REVENUE CODE graph as a separate experience amortization able year beginning in 2010 by reason of this OF 1986.—Section 431(b) is amended by adding base, to be amortized in equal annual install- paragraph shall be so included ratably over at the end the following new paragraph: ments (until fully amortized) over a period the 2-taxable-year period beginning with the ‘‘(8) SPECIAL RELIEF RULES.—Notwith- of 30 plan years rather than the period such first taxable year beginning in 2011. liability would otherwise be amortized over. standing any other provision of this sub- Any election under clause (iii) for any dis- section— ‘‘(C) SOLVENCY TEST.—The solvency test under this paragraph is met only if the plan tributions during a taxable year may not be ‘‘(A) AMORTIZATION OF NET INVESTMENT changed after the due date for such taxable LOSSES.— actuary certifies that the plan is projected to have sufficient assets to timely pay ex- year. ‘‘(i) IN GENERAL.—A multiemployer plan ‘‘(B) DISTRIBUTIONS TO WHICH PARAGRAPH with respect to which the solvency test pected benefits and anticipated expenditures over the amortization period, taking into ac- APPLIES.—In the case of an applicable retire- under subparagraph (C) is met may treat the ment plan which includes a qualified Roth portion of any experience loss or gain attrib- count the changes in the funding standard account under this paragraph. contribution program, this paragraph shall utable to net investment losses incurred in apply to a distribution from such plan other ‘‘(D) RESTRICTION ON BENEFIT INCREASES.— either or both of the first two plan years than from a designated Roth account which ending after August 31, 2008, as an item sepa- If subparagraph (A) or (B) apply to a multi- employer plan for any plan year, then, in ad- is contributed in a qualified rollover con- rate from other experience losses, to be am- tribution to the designated Roth account ortized in equal annual installments (until dition to any other applicable restrictions on benefit increases, a plan amendment increas- maintained under such plan for the benefit of fully amortized) over the period — the individual to whom the distribution is ‘‘(I) beginning with the plan year in which ing benefits may not go into effect during ei- ther of the 2 plan years immediately fol- made. such portion is first recognized in the actu- ‘‘(C) OTHER RULES.—The rules of subpara- arial value of assets, and lowing such plan year unless— ‘‘(i) the plan actuary certifies that— graphs (D), (E), and (F) of section 408A(d)(3) ‘‘(II) ending with the last plan year in the (as in effect for taxable years beginning after 30-plan year period beginning with the plan ‘‘(I) any such increase is paid for out of ad- ditional contributions not allocated to the 2009) shall apply for purposes of this para- year in which such net investment loss was graph.’’. incurred. plan immediately before the application of SEC. 402. PARTICIPANTS IN GOVERNMENT SEC- ‘‘(ii) COORDINATION WITH EXTENSIONS.—If this paragraph to the plan, and ‘‘(II) the plan’s funded percentage and pro- TION 457 PLANS ALLOWED TO TREAT this subparagraph applies for any plan year— ELECTIVE DEFERRALS AS ROTH ‘‘(I) no extension of the amortization pe- jected credit balances for such 2 plan years CONTRIBUTIONS. are reasonably expected to be at least as riod under clause (i) shall be allowed under (a) IN GENERAL.—Section 402A(e)(1) (defin- subsection (d), and high as such percentage and balances would ing applicable retirement plan) is amended ‘‘(II) if an extension was granted under have been if the benefit increase had not by striking ‘‘and’’ at the end of subparagraph subsection (d) for any plan year before the been adopted, or (A), by striking the period at the end of sub- election to have this subparagraph apply to ‘‘(ii) the amendment is required as a condi- paragraph (B) and inserting ‘‘, and’’, and by the plan year, such extension shall not result tion of qualification under part I of sub- adding at the end the following: in such amortization period exceeding 30 chapter D or to comply with other applicable ‘‘(C) an eligible deferred compensation plan years. law. (as defined in section 457(b)) of an eligible ‘‘(iii) NET INVESTMENT LOSSES.—For pur- ‘‘(E) REPORTING.—A plan sponsor of a plan employer described in section 457(e)(1)(A).’’. to which this paragraph applies shall— poses of this subparagraph— (b) ELECTIVE DEFERRALS.—Section ‘‘(I) IN GENERAL.—Net investment losses ‘‘(i) give notice of such application to par- 402A(e)(2) (defining elective deferral) is shall be determined in the manner prescribed ticipants and beneficiaries of the plan, and amended to read as follows: ‘‘(ii) inform the Pension Benefit Guaranty by the Secretary on the basis of the dif- ‘‘(2) ELECTIVE DEFERRAL.—The term ‘elec- ference between actual and expected returns Corporation of such application in such form tive deferral’ means— (including any difference attributable to any and manner as the Director of the Pension ‘‘(A) any elective deferral described in sub- criminally fraudulent investment arrange- Benefit Guaranty Corporation may pre- paragraph (A) or (C) of section 402(g)(3), and ment). scribe.’’. ‘‘(B) any elective deferral of compensation ‘‘(II) CRIMINALLY FRAUDULENT INVESTMENT (b) EFFECTIVE DATES.— by an individual under an eligible deferred ARRANGEMENTS.—The determination as to (1) IN GENERAL.—The amendments made by compensation plan (as defined in section whether an arrangement is a criminally this section shall take effect as of the first 457(b)) of an eligible employer described in fraudulent investment arrangement shall be day of the first plan year ending after Au- section 457(e)(1)(A).’’. made under rules substantially similar to gust 31, 2008, except that any election a plan (c) EFFECTIVE DATE.—The amendments the rules prescribed by the Secretary for pur- makes pursuant to this section that affects made by this section shall apply to taxable poses of section 165. the plan’s funding standard account for the years beginning after December 31, 2010. ‘‘(B) EXPANDED SMOOTHING PERIOD.— first plan year beginning after August 31, SEC. 403. TEMPORARY ONE-YEAR FREEZE ON ‘‘(i) IN GENERAL.—A multiemployer plan 2008, shall be disregarded for purposes of ap- RAISES, BONUSES, AND OTHER SAL- with respect to which the solvency test plying the provisions of section 305 of the ARY INCREASES FOR FEDERAL EM- under subparagraph (C) is met may change Employee Retirement Income Security Act PLOYEES. its asset valuation method in a manner of 1974 and section 432 of the Internal Rev- Notwithstanding any other provision of which— enue Code of 1986 to such plan year. law, civilian employees of the Federal Gov- ‘‘(I) spreads the difference between ex- (2) RESTRICTIONS ON BENEFIT INCREASES.— ernment in fiscal year 2011 shall not receive pected and actual returns for either or both Notwithstanding paragraph (1), the restric- a cost of living adjustment or other salary of the first 2 plan years ending after August tions on plan amendments increasing bene- increase, including a bonus. The salaries of 31, 2008, over a period of not more than 10 fits in sections 304(b)(8)(D) of such Act and members of the armed forces are exempt years, 431(b)(8)(D) of such Code, as added by this from the provisions of this section.

VerDate Mar 15 2010 04:17 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\CR\FM\A17JN6.035 S17JNPT1 smartinez on DSKB9S0YB1PROD with SENATE S5128 CONGRESSIONAL RECORD — SENATE June 17, 2010 SEC. 404. CAPPING THE TOTAL NUMBER OF FED- total of $4,600,000 over the 10-year period be- teria shall be disallowed, including reim- ERAL EMPLOYEES. ginning with fiscal year 2010. The Director bursement for air flights, automobile rent- (a) IN GENERAL.—Not later than 3 months shall ensure that essential printed docu- als, train tickets, lodging, per diem, and after the date of enactment of this Act, the ments prepared for Social Security recipi- other travel-related costs. The definition es- head of each relevant Federal department or ents, Medicare beneficiaries, and other popu- tablished by the Director of the Office of agency shall collaborate with the Director of lations in areas with limited internet access Management and Budget may include ex- the Office of Management and Budget to de- or use continue to remain available. termine how many full-time employees the emptions in the definition, including travel SEC. 407. REDUCING EXCESSIVE DUPLICATION, related to national defense, homeland secu- department or agency employs. For each new OVERHEAD AND SPENDING WITHIN full-time employee added to any Federal de- THE FEDERAL GOVERNMENT. rity, border security, national disasters, and partment or agency for any purpose, the (a) REDUCING DUPLICATION.—The Director other emergencies. The Director of the Office head of such department or agency shall en- of the Office of Management Budget and the of Management and Budget shall ensure that sure that the addition of such new employee Secretary of each department (or head of all travel costs paid for in part or whole by is offset by a reduction of one existing full- each independent agency) shall work with the Federal Government not related to na- time employee at such department or agen- the Chairman and ranking member of the tional defense, homeland security, border se- cy. relevant congressional appropriations sub- curity, national disasters, and other emer- (b) INFORMATION ON TOTAL EMPLOYEES.— committees and the congressional author- gencies do not exceed $5,000,000,000 annually. The Director of the Office of Management izing committees and the Director of the Of- and Budget shall publicly disclose the total fice of Management Budget to consolidate SEC. 409. ELIMINATING BONUSES FOR POOR PER- number of Federal employees, as well as a programs with duplicative goals, missions, FORMANCE BY GOVERNMENT CON- TRACTORS. breakdown of Federal employees by agency and initiatives. and the annual salary by title of each Fed- (b) CONTROLLING BUREAUCRATIC OVERHEAD (a) GUIDANCE ON LINKING OF AWARD AND IN- eral employee at an agency and update such COSTS.—Each Federal department and agen- CENTIVE FEES TO OUTCOMES.—Not later than information not less than once a year. cy shall reduce annual administrative ex- 180 days after the date of enactment of this SEC. 405. COLLECTION OF UNPAID TAXES FROM penses by at least five percent in fiscal year Act, each Federal department or agency EMPLOYEES OF THE FEDERAL GOV- 2011. shall issue guidance, with detailed imple- ERNMENT. (c) RESCISSIONS OF EXCESSIVE SPENDING.— mentation instructions (including defini- (a) IN GENERAL.—Chapter 73 of title 5, There is hereby rescinded an amount equal tions), on the appropriate use of award and United States Code, is amended by adding at to 5 percent of— incentive fees in department or agency pro- the end the following: (1) the budget authority provided (or obli- grams. ‘‘SUBCHAPTER VIII—COLLECTION OF UN- gation limit imposed) for fiscal year 2010 for PAID TAXES FROM EMPLOYEES OF any discretionary account in any other fiscal (b) ELEMENTS.—The guidance under sub- THE FEDERAL GOVERNMENT year 2010 appropriation Act; section (a) shall— ‘‘§ 7381. Collection of unpaid taxes from em- (2) the budget authority provided in any (1) ensure that all new contracts using ployees of the Federal Government advance appropriation for fiscal year 2010 for award fees link such fees to outcomes (which any discretionary account in any prior fiscal shall be defined in terms of program cost, ‘‘(a) DEFINITION.—For purposes of this sec- year appropriation Act; and schedule, and performance); tion— (3) the contract authority provided in fis- (2) establish standards for identifying the ‘‘(1) the term ‘seriously delinquent tax cal year 2010 for any program subject to limi- appropriate level of officials authorized to debt’ means an outstanding debt under the tation contained in any fiscal year 2010 ap- approve the use of award and incentive fees Internal Revenue Code of 1986 for which a no- propriation Act. in new contracts; tice of lien has been filed in public records (d) PROPORTIONATE APPLICATION.—Any re- (3) provide guidance on the circumstances pursuant to section 6323 of such Code, except scission made by subsection (a) shall be ap- in which contractor performance may be that such term does not include— plied proportionately— judged to be excellent or superior and the ‘‘(A) a debt that is being paid in a timely (1) to each discretionary account and each percentage of the available award fee which manner pursuant to an agreement under sec- item of budget authority described in such contractors should be paid for such perform- tion 6159 or section 7122 of such Code; and subsection; and ance; ‘‘(B) a debt with respect to which a collec- (2) within each such account and item, to (4) establish standards for determining the tion due process hearing under section 6330 each program, project, and activity (with percentage of the available award fee, if any, of such Code, or relief under subsection (a), programs, projects, and activities as delin- which contractors should be paid for per- (b), or (f) of section 6015 of such Code, is re- eated in the appropriation Act or accom- formance that is judged to be acceptable, av- quested or pending; and panying reports for the relevant fiscal year erage, expected, good, or satisfactory; ‘‘(2) the term ‘Federal employee’ means— covering such account or item, or for ac- (5) ensure that no award fee may be paid ‘‘(A) an employee, as defined by section counts and items not included in appropria- for contractor performance that is judged to 2105; and tion Acts, as delineated in the most recently be below satisfactory performance or per- ‘‘(B) an employee of the United States Con- submitted President’s budget) formance that does not meet the basic re- gress, including Members of the House of (e) EXCEPTIONS.—This section shall not quirements of the contract; Representatives and Senators. apply to discretionary authority appro- (6) provide specific direction on the cir- ‘‘(b) COLLECTION OF UNPAID TAXES.—The priated or otherwise made available to the cumstances, if any, in which it may be ap- Internal Revenue Service shall coordinate Department of Veterans Affairs and the De- propriate to roll over award fees that are not with the Department of Treasury and the partment of Defense. earned in one award fee period to a subse- hiring agency of a Federal employee who has (f) OMB REPORT.—Within 30 days after the quent award fee period or periods; a seriously delinquent tax debt to collect date of enactment of this section, the Direc- (7) ensure that the Department or agency— such taxes by withholding a portion of the tor of the Office of Management and Budget (A) collects relevant data on award and in- employee’s salary over a period set by the shall submit to the Committees on Appro- centive fees paid to contractors; and hiring agency to ensure prompt payment.’’. priations of the House of Representatives (B) has mechanisms in place to evaluate (b) CLERICAL AMENDMENT.—The analysis and the Senate a report specifying the ac- for chapter 73 of title 5, United States Code, such data on a regular basis; and count and amount of each rescission made (8) include performance measures to evalu- is amended by adding at the end the fol- pursuant to this section and the report shall lowing: ate the effectiveness of award and incentive be posted on the public website of the Office fees as a tool for improving contractor per- ‘‘SUBCHAPTER VIII—COLLECTION OF UNPAID of Management and Budget. formance and achieving desired program out- TAXES FROM EMPLOYEES OF THE FEDERAL SEC. 408. ELIMINATING NONESSENTIAL GOVERN- comes. GOVERNMENT MENT TRAVEL. ‘‘Sec. 7381. Collection of unpaid taxes from Within 60 days after the date of enactment (c) RETURN OF UNEARNED BONUSES.—Any employees of the Federal Gov- of this Act, the Director of the Office of Man- funds intended to be awarded as incentive ernment.’’. agement and Budget, in consultation with fees that are not paid due to contractors in- SEC. 406. REDUCING PRINTING AND PUBLISHING the heads of the Federal departments and ability to meet the criteria established by COSTS OF GOVERNMENT DOCU- agencies, shall establish a definition of ‘‘non- this section shall be returned to the Treas- MENTS. essential travel’’ and criteria to determine if ury. Within 90 days after the date of enactment travel-related expenses and requests by Fed- of this Act, the Director of the Office of Man- eral employees meet the definition of ‘‘non- SEC. 410. $1,000,000,000 LIMITATION ON VOL- UNTARY PAYMENTS TO THE UNITED agement and Budget shall coordinate with essential travel’’. No travel expenses paid NATIONS. the heads of Federal departments and inde- for, in whole or in part, with Federal funds pendent agencies to determine which Gov- shall be paid by the Federal Government un- Notwithstanding any other provision of ernment publications could be available on less a request is made prior to the travel and law, the Secretary of State shall ensure no Government websites and no longer printed the requested travel meets the criteria es- more than $1,000,000,000 is provided to the and to devise a strategy to reduce overall tablished by this section. Any travel request United Nations each year in excess of the Government printing costs by no less than a that does not meet the definition and cri- United States’ annual assessed contributions

VerDate Mar 15 2010 02:44 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\CR\FM\A17JN6.035 S17JNPT1 smartinez on DSKB9S0YB1PROD with SENATE June 17, 2010 CONGRESSIONAL RECORD — SENATE S5129 SEC. 411. RESCINDING A STATE DEPARTMENT didate real properties for participation in ‘‘§ 3114. Certain rescinded stimulus funds to TRAINING FACILITY UNWANTED BY the program and notify the recommending reduce public debt RESIDENTS OF THE COMMUNITY IN agency accordingly. ‘‘(a) There is established in the Treasury of WHICH IT IS PLANNED TO BE CON- ‘‘(d) The Director shall ensure that all real STRUCTED. the United States a trust fund to be known properties selected for disposition under this Notwithstanding any other provision of as the ‘Deficit Reduction Trust Fund’ (in section are listed on a website that shall— law, no Federal funds may be spent to con- this section referred to as the ‘Trust Fund’). ‘‘(1) be updated routinely; and struct a State Department training facility ‘‘(b) There is appropriated to the Trust ‘‘(2) include the functionality to allow in Ruthsberg, Maryland, and any funding ob- Fund the following amounts: members of the public, at their option, to re- ligated for the facility by Public Law 111–5 ‘‘(1) Amounts equivalent to the reductions ceive such updates through electronic mail. are rescinded, in Federal spending, as estimated by the Sec- Provided That, this section does ‘‘(e) The Director may transfer real prop- not prohibit funds otherwise appropriated to be retary from time to time, as a result of the erty identified in the enactment of this sec- provisions of sections 403, 404, 406, 407 (other spent by the State Department for training fa- tion to the Department of Housing and cilities in other jurisdictions in accordance with than subsection (c) thereof), 408, 409, 410, and Urban Development if the Secretary of Hous- 414 of the American Jobs and Closing Tax law. ing and Urban Development has determined SEC. 412. REDUCING BUDGETS OF MEMBERS OF Loopholes Act of 2010. such properties are suitable for use to assist ‘‘(2) Amounts equivalent to the amounts CONGRESS. the homeless.’’. (a) IN GENERAL.—Of the funds made avail- rescinded under sections 407(c), 411, 412, 415, (b) TECHNICAL AND CONFORMING AMEND- able under Public Law 111–68 for the legisla- and 416 of the American Jobs and Closing MENT.—The table of sections for chapter 5 of Tax Loopholes Act of 2010. tive branch, $100,000,000 in unobligated bal- subtitle I of title 40, United States Code, is ances are permanently rescinded on a pro ‘‘(3) Amounts equivalent to the amounts amended by inserting after the item relating received under the program established rata basis: Provided, That the rescissions to section 611 the following: made by the section shall not apply to funds under section 622 of title 5, United States made available to the Capitol Police. ‘‘SUBCHAPTER VII—EXPEDITED DISPOSAL OF Code. (b) REPORTING.—The Director of the Office REAL PROPERTY ‘‘(4) The amount of taxes received in the of Management and Budget shall report to ‘‘Sec. 621. Definitions . Treasury attributable to section 7384 of the Congress the amounts rescinded under sub- ‘‘Sec. 622. Disposal program.’’. Internal Revenue Code of 1986 and the section (a). SEC. 414. AUCTIONING AND SELLING OF UNUSED amendments made by sections 401 and 402 of SEC. 413. DISPOSING OF UNNEEDED AND UNUSED AND UNNEEDED EQUIPMENT. the American Jobs and Closing Tax Loop- GOVERNMENT PROPERTY. (a) Notwithstanding section 1033 of the Na- holes Act of 2010, as estimated by the Sec- (a) IN GENERAL.—Chapter 5 of subtitle I of tional Defense Authorization Act of 1997 or retary. title 40, United States Code, is amended by any other provision of law, the Secretary of ‘‘(c) The Secretary of the Treasury shall adding at the end the following: Defense shall auction or sell unused, unnec- use the moneys in the Trust Fund solely to ‘‘SUBCHAPTER VII—EXPEDITED essary, or surplus supplies and equipment pay at maturity, or to redeem or buy before DISPOSAL OF REAL PROPERTY without providing preference to State or maturity, an obligation of the Government local governments. included in the public debt. ‘‘§ 621. Definitions (b) The Secretary may make exceptions to ‘‘(d) Any obligation of the Government ‘‘In this subchapter: the sale or auction of such equipment for which is paid, redeemed, or bought with ‘‘(1) DIRECTOR.—The term ‘Director’ means transfers of excess military property to state money from the Trust Fund shall be can- the Director of the Office of Management and local law enforcement agencies related celed and retired and may not be reissued.’’. and Budget. to counter-drug efforts, counter-terrorism (b) CONFORMING AMENDMENT.—The table of ‘‘(2) EXPEDITED DISPOSAL OF A REAL PROP- activities, or other efforts determined to be sections for subchapter I of chapter 31 of ERTY.—The term ‘expedited disposal of a real related to national defense or homeland se- title 31, United States Code, is amended by property’ means a demolition of real prop- curity. The Secretary of Defense may sell adding at the end the following new item: erty or a sale of real property for cash that such equipment to State and local agencies ‘‘3114. Certain rescinded stimulus funds to re- is conducted under the requirements of sec- at fair market value. duce public debt.’’. tion 545. SEC. 415. RESCINDING UNSPENT FEDERAL ‘‘(3) LANDHOLDING AGENCY.—The term FUNDS. TITLE V—UNEMPLOYMENT, HEALTH, AND OTHER ASSISTANCE ‘landholding agency’ means a landholding (a) IN GENERAL.—Notwithstanding any agency as defined under section 501(i)(3) of other provision of law, of all available unob- Subtitle A—Unemployment Insurance and the McKinney-Vento Homeless Assistance ligated Federal funds, $80,000,000,000 in appro- Other Assistance Act (42 U.S.C. 11411(i)(3)). priated discretionary unexpired funds are re- SEC. 501. EXTENSION OF UNEMPLOYMENT INSUR- ‘‘(4) REAL PROPERTY.— scinded. ANCE PROVISIONS. ‘‘(A) IN GENERAL.—The term ‘real property’ (b) IMPLEMENTATION.—Not later than 60 (a) IN GENERAL.—(1) Section 4007 of the means— days after the date of enactment of this Act, Supplemental Appropriations Act, 2008 (Pub- ‘‘(i) a parcel of real property under the ad- the Director of the Office of Management lic Law 110–252; 26 U.S.C. 3304 note) is amend- ministrative jurisdiction of the Federal Gov- and Budget shall— ed— ernment that is— (1) identify the accounts and amounts re- (A) by striking ‘‘June 2, 2010’’ each place it ‘‘(I) excess; scinded to implement subsection (a); and appears and inserting ‘‘November 30, 2010’’; ‘‘(II) surplus; (2) submit a report to the Secretary of the (B) in the heading for subsection (b)(2), by ‘‘(III) underperforming; or Treasury and Congress of the accounts and striking ‘‘JUNE 2, 2010’’ and inserting ‘‘NOVEM- ‘‘(IV) otherwise not meeting the needs of amounts identified under paragraph (1) for BER 30, 2010’’; and the Federal Government, as determined by rescission. (C) in subsection (b)(3), by striking ‘‘No- the Director; and (c) EXCEPTION.—This section shall not vember 6, 2010’’ and inserting ‘‘April 30, ‘‘(ii) a building or other structure located apply to the unobligated Federal funds of the 2011’’. on real property described under clause (i). Department of Defense or the Department of (2) Section 2002(e) of the Assistance for Un- ‘‘(B) EXCLUSION.—The term ‘real property’ Veterans Affairs. employed Workers and Struggling Families excludes any parcel of real property or build- SEC. 416. USE OF STIMULUS FUNDS TO OFFSET Act, as contained in Public Law 111–5 (26 ing or other structure located on such real SPENDING. U.S.C. 3304 note; 123 Stat. 438), is amended— property that is to be closed or realigned The unobligated balance of each amount (A) in paragraph (1)(B), by striking ‘‘June under the Defense Base Closure and Realign- appropriated or made available under the 2, 2010’’ and inserting ‘‘November 30, 2010’’; ment Act of 1990 (part A of title XXIX of American Recovery and Reinvestment Act of (B) in the heading for paragraph (2), by Public Law 101–510; 10 U.S.C. 2687 note). 2009 (Public Law 111–5) (other than under striking ‘‘JUNE 2, 2010’’ and inserting ‘‘NOVEM- ‘‘§ 622. Disposal program title X of division A of such Act) is rescinded BER 30, 2010’’; and ‘‘(a) The Director of the Office of Manage- such that the aggregate amount of such re- (C) in paragraph (3), by striking ‘‘December ment and Budget shall dispose of by sale or scissions equal $37,500,000,000 in order to off- 7, 2010’’ and inserting ‘‘May 31, 2011’’. auction not less than $15,000,000,000 worth of set the net increase in spending resulting (3) Section 2005 of the Assistance for Unem- real property that is not meeting Federal from the provisions of, and amendments ployed Workers and Struggling Families Government from fiscal year 2010 to fiscal made by, this Act. The Director of the Office Act, as contained in Public Law 111–5 (26 year 2015. of Management and Budget shall report to U.S.C. 3304 note; 123 Stat. 444), is amended— ‘‘(b) Agencies shall recommend candidate each congressional committee the amounts (A) by striking ‘‘June 2, 2010’’ each place it disposition real properties to the Director so rescinded within the jurisdiction of such appears and inserting ‘‘December 1, 2010’’; for participation in the pilot program estab- committee. and lished under section 622. SEC. 417. DEFICIT REDUCTION TRUST FUND. (B) in subsection (c), by striking ‘‘Novem- ‘‘(c) The Director, with the concurrence of (a) IN GENERAL.—Subchapter I of chapter ber 6, 2010’’ and inserting ‘‘May 1, 2011’’. the head of the executive agency concerned 31 of title 31, United States Code, is amended (4) Section 5 of the Unemployment Com- and consistent with the criteria established by adding at the end the following new sec- pensation Extension Act of 2008 (Public Law in this subchapter, may then select such can- tion: 110–449; 26 U.S.C. 3304 note) is amended by

VerDate Mar 15 2010 02:44 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\CR\FM\A17JN6.035 S17JNPT1 smartinez on DSKB9S0YB1PROD with SENATE S5130 CONGRESSIONAL RECORD — SENATE June 17, 2010 striking ‘‘November 6, 2010’’ and inserting without regard to any rights to regular com- tection Act of 2000 (as enacted into law by ‘‘April 30, 2011’’. pensation if the individual elects to not file section 1(a)(6) of Public Law 106–554), as (b) FUNDING.—Section 4004(e)(1) of the Sup- a claim for regular compensation under the amended by section 732 of the Medicare Pre- plemental Appropriations Act, 2008 (Public new benefit year.’’. scription Drug, Improvement, and Mod- Law 110–252; 26 U.S.C. 3304 note) is amended— (b) EFFECTIVE DATE.—The amendment ernization Act of 2003 (42 U.S.C. 1395w–4 (1) in subparagraph (D), by striking ‘‘and’’ made by this section shall apply to individ- note), section 104 of division B of the Tax Re- at the end; and uals whose benefit years, as described in sec- lief and Health Care Act of 2006 (42 U.S.C. (2) by inserting after subparagraph (E) the tion 4002(g)(1)(B) the Supplemental Appro- 1395w–4 note), section 104 of the Medicare, following: priations Act, 2008 (Public Law 110–252; 26 Medicaid, and SCHIP Extension Act of 2007 ‘‘(F) the amendments made by section U.S.C. 3304 note), as amended by this section, (Public Law 110–173), section 136 of the Medi- 501(a)(1) of the American Jobs and Closing expire after the date of enactment of this care Improvements for Patients and Pro- Tax Loopholes Act of 2010; and’’. Act. viders Act of 2008 (Public Law 110–275), and (c) CONDITIONS FOR RECEIVING EMERGENCY Subtitle B—Physician Payment Update and section 3104 of the Patient Protection and UNEMPLOYMENT COMPENSATION.—Section Other Provisions Affordable Care Act (Public Law 111–148) is 4001(d)(2) of the Supplemental Appropria- PART I—PHYSICIAN PAYMENT UPDATE amended by striking ‘‘and 2010’’ and insert- tions Act, 2008 (Public Law 110–252; 26 U.S.C. SEC. 511. PHYSICIAN PAYMENT UPDATE. ing ‘‘2010, and 2011’’. 3304 note) is amended, in the matter pre- Section 1848 of the Social Security Act (42 SEC. 525. EXTENSION OF AMBULANCE ADD-ONS. ceding subparagraph (A), by inserting before U.S.C. 1395w–4) is amended— ‘‘shall apply’’ the following: ‘‘(including (a) GROUND AMBULANCE.—Section (1) in subsection (d)— 1834(l)(13)(A) of the Social Security Act (42 terms and conditions relating to availability (A) in paragraph (10), in the heading, by for work, active search for work, and refusal U.S.C. 1395m(l)(13)(A)), as amended by sec- striking ‘‘PORTION’’ and inserting ‘‘THE FIRST to accept work)’’. tions 3105(a) and 10311(a) of the Patient Pro- 5 MONTHS’’; and (d) EFFECTIVE DATE.—The amendments tection and Affordable Care Act (Public Law (B) by adding at the end the following new made by this section shall take effect as if 111–148), is amended— paragraph: included in the enactment of the Continuing (1) in the matter preceding clause (i), by ‘‘(11) UPDATE FOR THE LAST 7 MONTHS OF 2010 Extension Act of 2010 (Public Law 111–157). striking ‘‘2011’’ and inserting ‘‘2012’’; and AND FOR 2011 AND 2012.— SEC. 502. COORDINATION OF EMERGENCY UNEM- (2) in each of clauses (i) and (ii), by strik- ‘‘(A) IN GENERAL.—Subject to paragraphs PLOYMENT COMPENSATION WITH ing ‘‘January 1, 2011’’ and inserting ‘‘January (7)(B), (8)(B), (9)(B), and (10)(B), in lieu of the REGULAR COMPENSATION. 1, 2012’’ each place it appears. (a) CERTAIN INDIVIDUALS NOT INELIGIBLE BY update to the single conversion factor estab- lished in paragraph (1)(C) that would other- (b) AIR AMBULANCE.—Section 146(b)(1) of REASON OF NEW ENTITLEMENT TO REGULAR wise apply— the Medicare Improvements for Patients and BENEFITS.—Section 4002 of the Supplemental ‘‘(i) for 2010 for the period beginning on Providers Act of 2008 (Public Law 110–275), as Appropriations Act, 2008 (Public Law 110–252; amended by sections 3105(b) and 10311(b) of 26 U.S.C. 3304 note) is amended by adding at June 1, 2010, and ending on December 31, 2010, the update to the single conversion factor the Patient Protection and Affordable Care the end the following: Act (Public Law 111–148), is amended by ‘‘(g) COORDINATION OF EMERGENCY UNEM- shall be 2.0 percent; and ‘‘(ii) for each of 2011 and 2012, the update to striking ‘‘December 31, 2010’’ and inserting PLOYMENT COMPENSATION WITH REGULAR ‘‘December 31, 2011’’. COMPENSATION.— the single conversion factor shall be 2.0 per- (c) SUPER RURAL AMBULANCE.—Section ‘‘(1) If— cent. 1834(l)(12)(A) of the Social Security Act (42 ‘‘(A) an individual has been determined to ‘‘(B) NO EFFECT ON COMPUTATION OF CON- U.S.C. 1395m(l)(12)(A)), as amended by sec- be entitled to emergency unemployment VERSION FACTOR FOR 2013 AND SUBSEQUENT tions 3105(c) and 10311(c) of the Patient Pro- compensation with respect to a benefit year, YEARS.—The conversion factor under this tection and Affordable Care Act (Public Law ‘‘(B) that benefit year has expired, subsection shall be computed under para- 111–148), is amended by striking ‘‘2011’’ and ‘‘(C) that individual has remaining entitle- graph (1)(A) for 2013 and subsequent years as inserting ‘‘2012’’. ment to emergency unemployment com- if subparagraph (A) had never applied.’’; and pensation with respect to that benefit year, (2) in subsection (f), by adding at the end SEC. 526. EXTENSION OF PHYSICIAN FEE SCHED- and the following new paragraph: ULE MENTAL HEALTH ADD-ON PAY- ‘‘(D) that individual would qualify for a ‘‘(5) TEMPORARY ADJUSTMENT.—In deter- MENT. new benefit year in which the weekly benefit mining the growth rate under paragraph (2) Section 138(a)(1) of the Medicare Improve- amount of regular compensation is at least for 2014, the Secretary’s estimate of the per- ments for Patients and Providers Act of 2008 either $100 or 25 percent less than the indi- centage change otherwise determined under (Public Law 110–275), as amended by section vidual’s weekly benefit amount in the ben- paragraph (2)(D) shall be reduced by 4.0 per- 3107 of the Patient Protection and Affordable efit year referred to in subparagraph (A), centage points.’’. Care Act (Public Law 111–148), is amended by then the State shall determine eligibility for PART II—EXTENSION OF EXPIRING striking ‘‘December 31, 2010’’ and inserting compensation as provided in paragraph (2). PROVISIONS ‘‘December 31, 2011’’. ‘‘(2) For individuals described in paragraph SEC. 521. EXTENSION OF MMA SECTION 508 RE- SEC. 527. EXTENSION OF OUTPATIENT HOLD (1), the State shall determine whether the in- CLASSIFICATIONS. HARMLESS PROVISION. dividual is to be paid emergency unemploy- Section 106(a) of division B of the Tax Re- Section 1833(t)(7)(D)(i) of the Social Secu- ment compensation or regular compensation lief and Health Care Act of 2006 (42 U.S.C. rity Act (42 U.S.C. 1395l(t)(7)(D)(i)), as for a week of unemployment using one of the 1395 note), as amended by section 117 of the amended by section 3121(a) of the Patient following methods: Medicare, Medicaid, and SCHIP Extension Protection and Affordable Care Act (Public ‘‘(A) The State shall, if permitted by State Act of 2007 (Public Law 110–173), section 124 Law 111–148), is amended— law, establish a new benefit year, but defer of the Medicare Improvements for Patients (1) in subclause (II)— the payment of regular compensation with and Providers Act of 2008 (Public Law 110– (A) in the first sentence, by striking respect to that new benefit year until ex- 275), and sections 3137(a) and 10317 of the Pa- ‘‘2011’’and inserting ‘‘2012’’; and tient Protection and Affordable Care Act haustion of all emergency unemployment (B) in the second sentence, by striking ‘‘or (Public Law 111–148), is amended by striking compensation payable with respect to the 2010’’ and inserting ‘‘2010, or 2011’’; and ‘‘September 30, 2010’’ and inserting ‘‘Sep- benefit year referred to in paragraph (1)(A); (2) in subclause (III), by striking ‘‘January tember 30, 2011’’. ‘‘(B) The State shall, if permitted by State 1, 2011’’ and inserting ‘‘January 1, 2012’’. law, defer the establishment of a new benefit SEC. 522. EXTENSION OF MEDICARE WORK GEO- SEC. 528. EXTENSION OF MEDICARE REASON- year (which uses all the wages and employ- GRAPHIC ADJUSTMENT FLOOR. Section 1848(e)(1)(E) of the Social Security ABLE COSTS PAYMENTS FOR CER- ment which would have been used to estab- Act (42 U.S.C. 1395w–4(e)(1)(E)), as amended TAIN CLINICAL DIAGNOSTIC LAB- lish a benefit year but for the application of by section 3102 of the Patient Protection and ORATORY TESTS FURNISHED TO this paragraph), until exhaustion of all emer- HOSPITAL PATIENTS IN CERTAIN Affordable Care Act (Public Law 111–148), is RURAL AREAS. gency unemployment compensation payable amended by striking ‘‘before January 1, with respect to the benefit year referred to 2011’’ and inserting ‘‘before January 1, 2012’’. Section 416(b) of the Medicare Prescription in paragraph(1)(A); Drug, Improvement, and Modernization Act SEC. 523. EXTENSION OF EXCEPTIONS PROCESS ‘‘(C) The State shall pay, if permitted by FOR MEDICARE THERAPY CAPS. of 2003 (42 U.S.C. 1395l–4), as amended by sec- State law— Section 1833(g)(5) of the Social Security tion 105 of division B of the Tax Relief and ‘‘(i) regular compensation equal to the Act (42 U.S.C. 1395l(g)(5)) is amended by Health Care Act of 2006 (42 U.S.C. 1395l note), weekly benefit amount established under the striking ‘‘and ending on’’ and all that follows section 107 of the Medicare, Medicaid, and new benefit year, and through ‘‘2010’’ and inserting ‘‘and ending on SCHIP Extension Act of 2007 (42 U.S.C. 1395l ‘‘(ii) emergency unemployment compensa- December 31, 2011’’. note), and section 3122 of the Patient Protec- tion equal to the difference between that SEC. 524. EXTENSION OF PAYMENT FOR TECH- tion and Affordable Care Act (Public Law weekly benefit amount and the weekly ben- NICAL COMPONENT OF CERTAIN 111–148), is amended by striking ‘‘the 1-year efit amount for the expired benefit year; or PHYSICIAN PATHOLOGY SERVICES. period beginning on July 1, 2010’’ and insert- ‘‘(D) The State shall determine rights to Section 542(c) of the Medicare, Medicaid, ing ‘‘the 2-year period beginning on July 1, emergency unemployment compensation and SCHIP Benefits Improvement and Pro- 2010’’.

VerDate Mar 15 2010 02:44 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\CR\FM\A17JN6.035 S17JNPT1 smartinez on DSKB9S0YB1PROD with SENATE June 17, 2010 CONGRESSIONAL RECORD — SENATE S5131

SEC. 529. EXTENSION OF THE QUALIFYING INDI- SEC. 543. ESTABLISH A CMS–IRS DATA MATCH TO (c) AUTHORITY TO ADJUST PAYMENTS OF VIDUAL (QI) PROGRAM. IDENTIFY FRAUDULENT PROVIDERS. PROVIDERS OF SERVICES AND SUPPLIERS WITH (a) EXTENSION.—Section 1902(a)(10)(E)(iv) of (a) AUTHORITY TO DISCLOSE RETURN INFOR- THE SAME TAX IDENTIFICATION NUMBER FOR the Social Security Act (42 U.S.C. MATION CONCERNING OUTSTANDING TAX DEBTS MEDICARE OBLIGATIONS.—Section 1866(j)(6) of 1396a(a)(10)(E)(iv)) is amended by striking FOR PURPOSES OF ENHANCING MEDICARE PRO- the Social Security Act (42 U.S.C. ‘‘December 2010’’ and inserting ‘‘December GRAM INTEGRITY.— 1395cc(j)(6)), as inserted by section 6401(a) of 2011’’. (1) IN GENERAL.—Section 6103(l) of the In- Public Law 111–148, is amended— (b) EXTENDING TOTAL AMOUNT AVAILABLE ternal Revenue Code of 1986 is amended by (1) in the paragraph heading, by striking FOR ALLOCATION.—Section 1933(g) of such Act adding at the end the following new para- ‘‘PAST-DUE’’ and inserting ‘‘MEDICARE’’; (42 U.S.C. 1396u-3(g)) is amended— graph: (2) in subparagraph (A), by striking ‘‘past- (1) in paragraph (2)— ‘‘(22) DISCLOSURE OF RETURN INFORMATION due obligations described in subparagraph (A) by striking ‘‘and’’ at the end of sub- TO DEPARTMENT OF HEALTH AND HUMAN SERV- (B)(ii) of an’’ and inserting ‘‘amount de- paragraph (M); ICES FOR PURPOSES OF ENHANCING MEDICARE scribed in subparagraph (B)(ii) due from (B) in subparagraph (N), by striking the pe- PROGRAM INTEGRITY.— such’’; and riod at the end and inserting a semicolon; ‘‘(A) IN GENERAL.—The Secretary shall, (3) in subparagraph (B)(ii), by striking ‘‘a and upon written request from the Secretary of past-due obligation’’ and inserting ‘‘an (C) by adding at the end the following new Health and Human Services, disclose to offi- amount that is more than the amount re- subparagraphs: cers and employees of the Department of quired to be paid’’. Health and Human Services return informa- ‘‘(O) for the period that begins on January SEC. 544. FUNDING FOR CLAIMS REPROCESSING. tion with respect to a taxpayer who has ap- 1, 2011, and ends on September 30, 2011, the For purposes of carrying out the provisions plied to enroll, or reenroll, as a provider of total allocation amount is $720,000,000; and of, and amendments made by, this Act that services or supplier under the Medicare pro- ‘‘(P) for the period that begins on October relate to title XVIII of the Social Security gram under title XVIII of the Social Secu- 1, 2011, and ends on December 31, 2011, the Act, and other provisions of such title that rity Act. Such return information shall be total allocation amount is $280,000,000.’’; and involve reprocessing of claims, there are ap- limited to— (2) in paragraph (3), in the matter pre- propriated to the Secretary of Health and ‘‘(i) the taxpayer identity information with ceding subparagraph (A), by striking ‘‘or Human Services for the Centers for Medicare respect to such taxpayer; (N)’’ and inserting ‘‘(N), or (P)’’. & Medicaid Services Program Management ‘‘(ii) the amount of the delinquent tax debt SEC. 530. EXTENSION OF TRANSITIONAL MED- Account, from amounts in the general fund owed by that taxpayer; and ICAL ASSISTANCE (TMA). of the Treasury not otherwise appropriated, ‘‘(iii) the taxable year to which the delin- Sections 1902(e)(1)(B) and 1925(f) of the So- $175,000,000. Amounts appropriated under the quent tax debt pertains. cial Security Act (42 U.S.C. 1396a(e)(1)(B), preceding sentence shall remain available ‘‘(B) RESTRICTION ON DISCLOSURE.—Return 1396r–6(f)) are each amended by striking ‘‘De- until expended. information disclosed under subparagraph cember 31, 2010’’ and inserting ‘‘December 31, Subpart B—Medical Liability Reform 2011’’. (A) may be used by officers and employees of the Department of Health and Human Serv- SEC. 551. SHORT TITLE. SEC. 531. EXTENSION OF DRA COURT IMPROVE- This subpart may be cited as the ‘‘Medical MENT GRANTS. ices for the purposes of, and to the extent Care Access Protection Act of 2010’’ or the Section 438 of the Social Security Act (42 necessary in, establishing the taxpayer’s eli- ‘‘MCAP Act’’. U.S.C. 629h) is amended— gibility for enrollment or reenrollment in (1) in subsection (c)(2)(A), by striking the Medicare program, or in any administra- SEC. 552. FINDINGS AND PURPOSE. ‘‘2010’’ and inserting ‘‘2011’’; and tive or judicial proceeding relating to, or (a) FINDINGS.— (2) in subsection (e), by striking ‘‘2010’’ and arising from, a denial of such enrollment or (1) EFFECT ON HEALTH CARE ACCESS AND inserting ‘‘2011’’. reenrollment, or in determining the level of COSTS.—Congress finds that our current civil enhanced oversight to be applied with re- justice system is adversely affecting patient PART III—CHANGES TO THE PATIENT spect to such taxpayer pursuant to section access to health care services, better patient PROTECTION AND AFFORDABLE CARE 1866(j)(3) of the Social Security Act. care, and cost-efficient health care, in that ACT AND ADDITIONAL PROVISIONS ‘‘(C) DELINQUENT TAX DEBT.—For purposes the health care liability system is a costly Subpart A—Changes to the Patient Protec- of this paragraph, the term ‘delinquent tax and ineffective mechanism for resolving tion and Affordable Care Act and Addi- debt’ means an outstanding debt under this claims of health care liability and compen- tional Provisions title for which a notice of lien has been filed sating injured patients, and is a deterrent to SEC. 541. EXPANSION OF AFFORDABILITY EXCEP- pursuant to section 6323, but the term does the sharing of information among health TION TO INDIVIDUAL MANDATE. not include a debt that is being paid in a care professionals which impedes efforts to Section 5000A(e)(1)(A) of the Internal Rev- timely manner pursuant to an agreement improve patient safety and quality of care. enue Code of 1986, as added by section 1501(b) under section 6159 or 7122, or a debt with re- (2) EFFECT ON INTERSTATE COMMERCE.—Con- of the Patient Protection and Affordable spect to which a collection due process hear- gress finds that the health care and insur- Care Act (Public Law 111–148), is amended by ing under section 6330 is requested, pending, ance industries are industries affecting striking ‘‘8 percent’’ and inserting ‘‘5 per- or completed and no payment is required.’’. interstate commerce and the health care li- cent’’. (2) CONFORMING AMENDMENTS.—Section ability litigation systems existing through- SEC. 542. REPLACEMENT OF MEDICAID PRIMARY 6103(p)(4) of such Code, as amended by sec- out the United States are activities that af- CARE PAYMENT CLIFF. tions 1414 and 3308 of Public Law 111–148, in fect interstate commerce by contributing to (a) PAYMENTS TO PRIMARY CARE PRO- the matter preceding subparagraph (A) and the high costs of health care and premiums VIDERS.— in subparagraph (F)(ii), is amended by strik- for health care liability insurance purchased (1) GRANTS TO STATES TO INCREASE PAY- ing ‘‘or (17)’’ and inserting ‘‘(17), or (22)’’ by health care system providers. MENTS.—From the amounts appropriated each place it appears. (3) EFFECT ON FEDERAL SPENDING.—Con- under paragraph (2), the Secretary of Health (b) SECRETARY’S AUTHORITY TO USE INFOR- gress finds that the health care liability liti- and Human Services shall award grants to MATION FROM THE DEPARTMENT OF TREASURY gation systems existing throughout the States with an approved State plan amend- IN MEDICARE ENROLLMENTS AND REENROLL- United States have a significant effect on ment under the Medicaid program under MENTS.—Section 1866(j)(2) of the Social Secu- the amount, distribution, and use of Federal title XIX of the Social Security Act to per- rity Act (42 U.S.C. 1395cc(j)), as inserted by funds because of— manently increase payment rates to primary section 6401(a) of Public Law 111–148, is fur- (A) the large number of individuals who re- care providers under the State Medicaid pro- ther amended— ceive health care benefits under programs gram above the rates applicable under the (1) by redesignating subparagraph (E) as operated or financed by the Federal Govern- State Medicaid program on the date of en- subparagraph (F); and ment; actment of this Act. Funds paid to a State (2) by inserting after subparagraph (D) the (B) the large number of individuals who from such a grant shall only be used for ex- following new subparagraph: benefit because of the exclusion from Fed- penditures attributable to the additional ‘‘(E) USE OF INFORMATION FROM THE DE- eral taxes of the amounts spent to provide amounts paid to such providers as a result of PARTMENT OF TREASURY CONCERNING TAX them with health insurance benefits; and the increase in such rates. DEBTS.—In reviewing the application of a (C) the large number of health care pro- (2) APPROPRIATION.—Out of any funds in provider of services or supplier to enroll or viders who provide items or services for the Treasury not otherwise appropriated, reenroll under the program under this title, which the Federal Government makes pay- there is appropriated to the Secretary of the Secretary shall take into account the in- ments. Health and Human Services on January 1, formation supplied by the Secretary of the (b) PURPOSE.—It is the purpose of this sub- 2013, $8,000,000,000, to remain available until Treasury pursuant to section 6103(l)(22) of part to implement reasonable, comprehen- expended. the Internal Revenue Code of 1986, in deter- sive, and effective health care liability re- (b) REPEAL OF MEDICAID PRIMARY CARE mining whether to deny such application or forms designed to— PAYMENT CLIFF.—Section 1202 of the Health to apply enhanced oversight to such provider (1) improve the availability of health care Care and Education Reconciliation Act of of services or supplier pursuant to paragraph services in cases in which health care liabil- 2010 (Public Law 111–152) (and the amend- (3) if the Secretary determines such provider ity actions have been shown to be a factor in ments made by such section) is repealed. of services or supplier owes such a debt.’’. the decreased availability of services;

VerDate Mar 15 2010 02:44 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\CR\FM\A17JN6.036 S17JNPT1 smartinez on DSKB9S0YB1PROD with SENATE S5132 CONGRESSIONAL RECORD — SENATE June 17, 2010 (2) reduce the incidence of ‘‘defensive medi- verifiable monetary losses incurred as a re- certified under State law, or a company cine’’ and lower the cost of health care li- sult of the provision of, use of, or payment formed by a group of physicians under State ability insurance, all of which contribute to for (or failure to provide, use, or pay for) law shall be treated as a health care provider the escalation of health care costs; health care services or medical products, under subparagraph (A). (3) ensure that persons with meritorious such as past and future medical expenses, (13) MALICIOUS INTENT TO INJURE.—The health care injury claims receive fair and loss of past and future earnings, cost of ob- term ‘‘malicious intent to injure’’ means in- adequate compensation, including reason- taining domestic services, loss of employ- tentionally causing or attempting to cause able noneconomic damages; ment, and loss of business or employment physical injury other than providing health (4) improve the fairness and cost-effective- opportunities. care goods or services. ness of our current health care liability sys- (7) HEALTH CARE GOODS OR SERVICES.—The (14) NONECONOMIC DAMAGES.—The term tem to resolve disputes over, and provide term ‘‘health care goods or services’’ means ‘‘noneconomic damages’’ means damages for compensation for, health care liability by re- any goods or services provided by a health physical and emotional pain, suffering, in- ducing uncertainty in the amount of com- care institution, provider, or by any indi- convenience, physical impairment, mental pensation provided to injured individuals; vidual working under the supervision of a anguish, disfigurement, loss of enjoyment of and health care provider, that relates to the di- life, loss of society and companionship, loss (5) provide an increased sharing of informa- agnosis, prevention, care, or treatment of of consortium (other than loss of domestic tion in the health care system which will re- any human disease or impairment, or the as- service), hedonic damages, injury to reputa- duce unintended injury and improve patient sessment of the health of human beings. tion, and all other nonpecuniary losses of care. (8) HEALTH CARE INSTITUTION.—The term any kind or nature. ‘‘health care institution’’ means any entity SEC. 553. DEFINITIONS. (15) PUNITIVE DAMAGES.—The term ‘‘puni- licensed under Federal or State law to pro- In this subpart: tive damages’’ means damages awarded, for vide health care services (including but not (1) ALTERNATIVE DISPUTE RESOLUTION SYS- the purpose of punishment or deterrence, and limited to ambulatory surgical centers, as- TEM; ADR.—The term ‘‘alternative dispute not solely for compensatory purposes, sisted living facilities, emergency medical resolution system’’ or ‘‘ADR’’ means a sys- against a health care provider or health care services providers, hospices, hospitals and tem that provides for the resolution of institution. Punitive damages are neither hospital systems, nursing homes, or other economic nor noneconomic damages. health care lawsuits in a manner other than entities licensed to provide such services). through a civil action brought in a State or (16) RECOVERY.—The term ‘‘recovery’’ (9) HEALTH CARE LAWSUIT.—The term Federal court. means the net sum recovered after deducting ‘‘health care lawsuit’’ means any health care any disbursements or costs incurred in con- (2) CLAIMANT.—The term ‘‘claimant’’ liability claim concerning the provision of means any person who brings a health care nection with prosecution or settlement of health care goods or services affecting inter- the claim, including all costs paid or ad- lawsuit, including a person who asserts or state commerce, or any health care liability claims a right to legal or equitable contribu- vanced by any person. Costs of health care action concerning the provision of (or the incurred by the plaintiff and the attorneys’ tion, indemnity or subrogation, arising out failure to provide) health care goods or serv- of a health care liability claim or action, and office overhead costs or charges for legal ices affecting interstate commerce, brought services are not deductible disbursements or any person on whose behalf such a claim is in a State or Federal court or pursuant to an costs for such purpose. asserted or such an action is brought, wheth- alternative dispute resolution system, (17) STATE.—The term ‘‘State’’ means each er deceased, incompetent, or a minor. against a health care provider or a health of the several States, the District of Colum- (3) COLLATERAL SOURCE BENEFITS.—The care institution regardless of the theory of bia, the Commonwealth of Puerto Rico, the term ‘‘collateral source benefits’’ means any liability on which the claim is based, or the Virgin Islands, Guam, American Samoa, the amount paid or reasonably likely to be paid number of claimants, plaintiffs, defendants, Northern Mariana Islands, the Trust Terri- in the future to or on behalf of the claimant, or other parties, or the number of claims or tory of the Pacific Islands, and any other or any service, product or other benefit pro- causes of action, in which the claimant al- territory or possession of the United States, vided or reasonably likely to be provided in leges a health care liability claim. or any political subdivision thereof. the future to or on behalf of the claimant, as (10) HEALTH CARE LIABILITY ACTION.—The a result of the injury or wrongful death, pur- term ‘‘health care liability action’’ means a SEC. 554. ENCOURAGING SPEEDY RESOLUTION OF CLAIMS. suant to— civil action brought in a State or Federal (a) IN GENERAL.—Except as otherwise pro- (A) any State or Federal health, sickness, Court or pursuant to an alternative dispute vided for in this section, the time for the income-disability, accident, or workers’ resolution system, against a health care pro- commencement of a health care lawsuit compensation law; vider or a health care institution regardless shall be 3 years after the date of manifesta- (B) any health, sickness, income-disability, of the theory of liability on which the claim tion of injury or 1 year after the claimant or accident insurance that provides health is based, or the number of plaintiffs, defend- discovers, or through the use of reasonable benefits or income-disability coverage; ants, or other parties, or the number of diligence should have discovered, the injury, (C) any contract or agreement of any causes of action, in which the claimant al- whichever occurs first. group, organization, partnership, or corpora- leges a health care liability claim. (b) GENERAL EXCEPTION.—The time for the tion to provide, pay for, or reimburse the (11) HEALTH CARE LIABILITY CLAIM.—The commencement of a health care lawsuit cost of medical, hospital, dental, or income term ‘‘health care liability claim’’ means a shall not exceed 3 years after the date of disability benefits; and demand by any person, whether or not pursu- manifestation of injury unless the tolling of (D) any other publicly or privately funded ant to ADR, against a health care provider time was delayed as a result of— program. or health care institution, including third- (1) fraud; OMPENSATORY DAMAGES.—The term party claims, cross-claims, counter-claims, (4) C (2) intentional concealment; or ‘‘compensatory damages’’ means objectively or contribution claims, which are based upon (3) the presence of a foreign body, which verifiable monetary losses incurred as a re- the provision of, use of, or payment for (or has no therapeutic or diagnostic purpose or sult of the provision of, use of, or payment the failure to provide, use, or pay for) health effect, in the person of the injured person. for (or failure to provide, use, or pay for) care services, regardless of the theory of li- (c) MINORS.—An action by a minor shall be health care services or medical products, ability on which the claim is based, or the commenced within 3 years from the date of such as past and future medical expenses, number of plaintiffs, defendants, or other the alleged manifestation of injury except loss of past and future earnings, cost of ob- parties, or the number of causes of action. that if such minor is under the full age of 6 taining domestic services, loss of employ- (12) HEALTH CARE PROVIDER.— years, such action shall be commenced with- ment, and loss of business or employment (A) IN GENERAL.—The term ‘‘health care in 3 years of the manifestation of injury, or opportunities, damages for physical and provider’’ means any person (including but prior to the eighth birthday of the minor, emotional pain, suffering, inconvenience, not limited to a physician (as defined by sec- whichever provides a longer period. Such physical impairment, mental anguish, dis- tion 1861(r) of the Social Security Act (42 time limitation shall be tolled for minors for figurement, loss of enjoyment of life, loss of U.S.C. 1395x(r)), registered nurse, dentist, po- any period during which a parent or guard- society and companionship, loss of consor- diatrist, pharmacist, chiropractor, or optom- ian and a health care provider or health care tium (other than loss of domestic service), etrist) required by State or Federal law to be institution have committed fraud or collu- hedonic damages, injury to reputation, and licensed, registered, or certified to provide sion in the failure to bring an action on be- all other nonpecuniary losses of any kind or health care services, and being either so li- half of the injured minor. nature. Such term includes economic dam- censed, registered, or certified, or exempted (d) RULE 11 SANCTIONS.—Whenever a Fed- ages and noneconomic damages, as such from such requirement by other statute or eral or State court determines (whether by terms are defined in this section. regulation. motion of the parties or whether on the mo- (5) CONTINGENT FEE.—The term ‘‘contin- (B) TREATMENT OF CERTAIN PROFESSIONAL tion of the court) that there has been a vio- gent fee’’ includes all compensation to any ASSOCIATIONS.—For purposes of this subpart, lation of Rule 11 of the Federal Rules of Civil person or persons which is payable only if a a professional association that is organized Procedure (or a similar violation of applica- recovery is effected on behalf of one or more under State law by an individual physician ble State court rules) in a health care liabil- claimants. or group of physicians, a partnership or lim- ity action to which this subpart applies, the (6) ECONOMIC DAMAGES.—The term ‘‘eco- ited liability partnership formed by a group court shall impose upon the attorneys, law nomic damages’’ means objectively of physicians, a nonprofit health corporation firms, or pro se litigants that have violated

VerDate Mar 15 2010 02:44 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 E:\CR\FM\A17JN6.036 S17JNPT1 smartinez on DSKB9S0YB1PROD with SENATE June 17, 2010 CONGRESSIONAL RECORD — SENATE S5133 Rule 11 or are responsible for the violation, age of responsibility. A separate judgment cialty or subspecialty unless, in addition to an appropriate sanction, which shall include shall be rendered against each such party for a showing of substantial familiarity in ac- an order to pay the other party or parties for the amount allocated to such party. For pur- cordance with paragraph (1)(B), there is a the reasonable expenses incurred as a direct poses of this section, the trier of fact shall showing that the standards of care and prac- result of the filing of the pleading, motion, determine the proportion of responsibility of tice in the two specialty or subspecialty or other paper that is the subject of the vio- each party for the claimant’s harm. fields are similar. lation, including a reasonable attorneys’ fee. SEC. 556. MAXIMIZING PATIENT RECOVERY. (4) LIMITATION.—The limitations in this Such sanction shall be sufficient to deter (a) COURT SUPERVISION OF SHARE OF DAM- subsection shall not apply to expert wit- repetition of such conduct or comparable AGES ACTUALLY PAID TO CLAIMANTS.— nesses testifying as to the degree or perma- conduct by others similarly situated, and to (1) IN GENERAL.—In any health care law- nency of medical or physical impairment. compensate the party or parties injured by suit, the court shall supervise the arrange- SEC. 557. ADDITIONAL HEALTH BENEFITS. such conduct. ments for payment of damages to protect (a) IN GENERAL.—The amount of any dam- SEC. 555. COMPENSATING PATIENT INJURY. against conflicts of interest that may have ages received by a claimant in any health (a) UNLIMITED AMOUNT OF DAMAGES FOR AC- the effect of reducing the amount of damages care lawsuit shall be reduced by the court by the amount of any collateral source benefits TUAL ECONOMIC LOSSES IN HEALTH CARE LAW- awarded that are actually paid to claimants. to which the claimant is entitled, less any SUITS.—In any health care lawsuit, nothing (2) CONTINGENCY FEES.— insurance premiums or other payments made in this subpart shall limit the recovery by a (A) IN GENERAL.—In any health care law- by the claimant (or by the spouse, parent, claimant of the full amount of the available suit in which the attorney for a party claims child, or legal guardian of the claimant) to economic damages, notwithstanding the lim- a financial stake in the outcome by virtue of obtain or secure such benefits. itation contained in subsection (b). a contingent fee, the court shall have the (b) PRESERVATION OF CURRENT LAW.— (b) ADDITIONAL NONECONOMIC DAMAGES.— power to restrict the payment of a claim- Where a payor of collateral source benefits (1) HEALTH CARE PROVIDERS.—In any health ant’s damage recovery to such attorney, and has a right of recovery by reimbursement or care lawsuit where final judgment is ren- to redirect such damages to the claimant subrogation and such right is permitted dered against a health care provider, the based upon the interests of justice and prin- under Federal or State law, subsection (a) amount of noneconomic damages recovered ciples of equity. shall not apply. from the provider, if otherwise available (B) LIMITATION.—The total of all contin- (c) APPLICATION OF PROVISION.—This sec- under applicable Federal or State law, may gent fees for representing all claimants in a tion shall apply to any health care lawsuit be as much as $250,000, regardless of the num- health care lawsuit shall not exceed the fol- that is settled or resolved by a fact finder. ber of parties other than a health care insti- lowing limits: SEC. 558. PUNITIVE DAMAGES. tution against whom the action is brought or (i) 40 percent of the first $50,000 recovered (a) PUNITIVE DAMAGES PERMITTED.— the number of separate claims or actions by the claimant(s). (1) IN GENERAL.—Punitive damages may, if brought with respect to the same occurrence. (ii) 331⁄3 percent of the next $50,000 recov- otherwise available under applicable State (2) HEALTH CARE INSTITUTIONS.— ered by the claimant(s). or Federal law, be awarded against any per- (A) SINGLE INSTITUTION.—In any health (iii) 25 percent of the next $500,000 recov- son in a health care lawsuit only if it is prov- care lawsuit where final judgment is ren- ered by the claimant(s). en by clear and convincing evidence that dered against a single health care institu- (iv) 15 percent of any amount by which the such person acted with malicious intent to tion, the amount of noneconomic damages recovery by the claimant(s) is in excess of injure the claimant, or that such person de- recovered from the institution, if otherwise $600,000. liberately failed to avoid unnecessary injury available under applicable Federal or State (b) APPLICABILITY.— that such person knew the claimant was sub- law, may be as much as $250,000, regardless of (1) IN GENERAL.—The limitations in sub- stantially certain to suffer. the number of parties against whom the ac- section (a) shall apply whether the recovery (2) FILING OF LAWSUIT.—No demand for pu- tion is brought or the number of separate is by judgment, settlement, mediation, arbi- nitive damages shall be included in a health claims or actions brought with respect to the tration, or any other form of alternative dis- care lawsuit as initially filed. A court may same occurrence. pute resolution. allow a claimant to file an amended pleading (B) MULTIPLE INSTITUTIONS.—In any health (2) MINORS.—In a health care lawsuit in- for punitive damages only upon a motion by care lawsuit where final judgment is ren- volving a minor or incompetent person, a the claimant and after a finding by the dered against more than one health care in- court retains the authority to authorize or court, upon review of supporting and oppos- stitution, the amount of noneconomic dam- approve a fee that is less than the maximum ing affidavits or after a hearing, after weigh- ages recovered from each institution, if oth- permitted under this section. ing the evidence, that the claimant has es- erwise available under applicable Federal or (c) EXPERT WITNESSES.— tablished by a substantial probability that State law, may be as much as $250,000, re- (1) REQUIREMENT.—No individual shall be the claimant will prevail on the claim for gardless of the number of parties against qualified to testify as an expert witness con- punitive damages. whom the action is brought or the number of cerning issues of negligence in any health (3) SEPARATE PROCEEDING.—At the request separate claims or actions brought with re- care lawsuit against a defendant unless such of any party in a health care lawsuit, the spect to the same occurrence, except that individual— trier of fact shall consider in a separate pro- the total amount recovered from all such in- (A) except as required under paragraph (2), ceeding— stitutions in such lawsuit shall not exceed is a health care professional who— (A) whether punitive damages are to be $500,000. (i) is appropriately credentialed or licensed awarded and the amount of such award; and (c) NO DISCOUNT OF AWARD FOR NON- in 1 or more States to deliver health care (B) the amount of punitive damages fol- ECONOMIC DAMAGES.—In any health care law- services; and lowing a determination of punitive liability. suit— (ii) typically treats the diagnosis or condi- If a separate proceeding is requested, evi- (1) an award for future noneconomic dam- tion or provides the type of treatment under dence relevant only to the claim for punitive ages shall not be discounted to present review; and damages, as determined by applicable State value; (B) can demonstrate by competent evi- law, shall be inadmissible in any proceeding (2) the jury shall not be informed about the dence that, as a result of training, education, to determine whether compensatory dam- maximum award for noneconomic damages knowledge, and experience in the evaluation, ages are to be awarded. under subsection (b); diagnosis, and treatment of the disease or in- (4) LIMITATION WHERE NO COMPENSATORY (3) an award for noneconomic damages in jury which is the subject matter of the law- DAMAGES ARE AWARDED.—In any health care excess of the limitations provided for in sub- suit against the defendant, the individual lawsuit where no judgment for compensatory section (b) shall be reduced either before the was substantially familiar with applicable damages is rendered against a person, no pu- entry of judgment, or by amendment of the standards of care and practice as they relate nitive damages may be awarded with respect judgment after entry of judgment, and such to the act or omission which is the subject of to the claim in such lawsuit against such reduction shall be made before accounting the lawsuit on the date of the incident. person. for any other reduction in damages required (2) PHYSICIAN REVIEW.—In a health care (b) DETERMINING AMOUNT OF PUNITIVE DAM- by law; and lawsuit, if the claim of the plaintiff involved AGES.— (4) if separate awards are rendered for past treatment that is recommended or provided (1) FACTORS CONSIDERED.—In determining and future noneconomic damages and the by a physician (allopathic or osteopathic), an the amount of punitive damages under this combined awards exceed the limitations de- individual shall not be qualified to be an ex- section, the trier of fact shall consider only scribed in subsection (b), the future non- pert witness under this subsection with re- the following: economic damages shall be reduced first. spect to issues of negligence concerning such (A) the severity of the harm caused by the (d) FAIR SHARE RULE.—In any health care treatment unless such individual is a physi- conduct of such party; lawsuit, each party shall be liable for that cian. (B) the duration of the conduct or any con- party’s several share of any damages only (3) SPECIALTIES AND SUBSPECIALTIES.—With cealment of it by such party; and not for the share of any other person. respect to a lawsuit described in paragraph (C) the profitability of the conduct to such Each party shall be liable only for the (1), a court shall not permit an expert in one party; amount of damages allocated to such party medical specialty or subspecialty to testify (D) the number of products sold or medical in direct proportion to such party’s percent- against a defendant in another medical spe- procedures rendered for compensation, as the

VerDate Mar 15 2010 02:44 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 E:\CR\FM\A17JN6.036 S17JNPT1 smartinez on DSKB9S0YB1PROD with SENATE S5134 CONGRESSIONAL RECORD — SENATE June 17, 2010 case may be, by such party, of the kind caus- (B) any rule of law prescribed by this sub- applicable statute of limitations provisions ing the harm complained of by the claimant; part in conflict with a rule of law of such in effect at the time the injury occurred. (E) any criminal penalties imposed on such part C shall not apply to such action. TITLE VI—OTHER PROVISIONS party, as a result of the conduct complained (2) EXCEPTION.—If there is an aspect of a of by the claimant; and civil action brought for a smallpox vaccine- SEC. 601. EXTENSION OF NATIONAL FLOOD IN- SURANCE PROGRAM. (F) the amount of any civil fines assessed related injury or death to which a Federal (a) EXTENSION.—Section 129 of the Con- against such party as a result of the conduct rule of law under part C of title II of the tinuing Appropriations Resolution, 2010 complained of by the claimant. Public Health Service Act does not apply, (Public Law 111–68), as amended by section (2) MAXIMUM AWARD.—The amount of puni- then this subpart or otherwise applicable law 7(a) of Public Law 111–157, is amended by tive damages awarded in a health care law- (as determined under this subpart) will apply striking ‘‘by substituting’’ and all that fol- suit may not exceed an amount equal to two to such aspect of such action. lows through the period at the end, and in- times the amount of economic damages (c) OTHER FEDERAL LAW.—Except as pro- serting ‘‘by substituting December 31, 2010, awarded in the lawsuit or $250,000, whichever vided in this section, nothing in this subpart for the date specified in each such section.’’. is greater. The jury shall not be informed of shall be deemed to affect any defense avail- (b) EFFECTIVE DATE.—The amendments the limitation under the preceding sentence. able, or any limitation on liability that ap- made by subsection (a) shall be considered to (c) LIABILITY OF HEALTH CARE PROVIDERS.— plies to, a defendant in a health care lawsuit have taken effect on May 31, 2010. (1) IN GENERAL.—A health care provider or action under any other provision of Fed- who prescribes, or who dispenses pursuant to eral law. SEC. 602. SMALL BUSINESS LOAN GUARANTEE ENHANCEMENT EXTENSIONS. a prescription, a drug, biological product, or SEC. 561. STATE FLEXIBILITY AND PROTECTION medical device approved by the Food and OF STATES’ RIGHTS. (a) APPROPRIATION.—There is appropriated, Drug Administration, for an approved indica- (a) HEALTH CARE LAWSUITS.—The provi- out of any funds in the Treasury not other- tion of the drug, biological product, or med- sions governing health care lawsuits set wise appropriated, for an additional amount ical device, shall not be named as a party to forth in this subpart shall preempt, subject for ‘‘Small Business Administration—Busi- a product liability lawsuit invoking such to subsections (b) and (c), State law to the ness Loans Program Account’’, $505,000,000, drug, biological product, or medical device extent that State law prevents the applica- to remain available through December 31, and shall not be liable to a claimant in a tion of any provisions of law established by 2010, for the cost of— class action lawsuit against the manufac- or under this subpart. The provisions gov- (1) fee reductions and eliminations under turer, distributor, or product seller of such erning health care lawsuits set forth in this section 501 of division A of the American Re- drug, biological product, or medical device. subpart supersede chapter 171 of title 28, covery and Reinvestment Act of 2009 (Public (2) MEDICAL PRODUCT.—The term ‘‘medical United States Code, to the extent that such Law 111–5; 123 Stat. 151), as amended by this product’’ means a drug or device intended for chapter— section; and humans. The terms ‘‘drug’’ and ‘‘device’’ (1) provides for a greater amount of dam- (2) loan guarantees under section 502 of di- have the meanings given such terms in sec- ages or contingent fees, a longer period in vision A of the American Recovery and Rein- tions 201(g)(1) and 201(h) of the Federal Food, which a health care lawsuit may be com- vestment Act of 2009 (Public Law 111–5; 123 Drug and Cosmetic Act (21 U.S.C. 321), re- menced, or a reduced applicability or scope Stat. 152), as amended by this section. spectively, including any component or raw of periodic payment of future damages, than Such costs, including the cost of modifying material used therein, but excluding health provided in this subpart; or such loans, shall be as defined in section 502 care services. (2) prohibits the introduction of evidence of the Congressional Budget Act of 1974. SEC. 559. AUTHORIZATION OF PAYMENT OF FU- regarding collateral source benefits. (b) EXTENSION OF PROGRAMS.— TURE DAMAGES TO CLAIMANTS IN (b) PREEMPTION OF CERTAIN STATE LAWS.— (1) FEES.—Section 501 of division A of the HEALTH CARE LAWSUITS. No provision of this subpart shall be con- American Recovery and Reinvestment Act of (a) IN GENERAL.—In any health care law- strued to preempt any State law (whether ef- 2009 (Public Law 111–5; 123 Stat. 151) is suit, if an award of future damages, without fective before, on, or after the date of the en- amended by striking ‘‘September 30, 2010’’ reduction to present value, equaling or ex- actment of this subpart) that specifies a par- each place it appears and inserting ‘‘Decem- ceeding $50,000 is made against a party with ticular monetary amount of compensatory ber 31, 2010’’. sufficient insurance or other assets to fund a or punitive damages (or the total amount of (2) LOAN GUARANTEES.—Section 502(f) of di- periodic payment of such a judgment, the damages) that may be awarded in a health vision A of the American Recovery and Rein- court shall, at the request of any party, care lawsuit, regardless of whether such vestment Act of 2009 (Public Law 111–5; 123 enter a judgment ordering that the future monetary amount is greater or lesser than is Stat. 153) is amended by striking ‘‘May 31, damages be paid by periodic payments in ac- 2010’’ and inserting ‘‘December 31, 2010’’. cordance with the Uniform Periodic Pay- provided for under this subpart, notwith- (c) APPROPRIATION.—There is appropriated ment of Judgments Act promulgated by the standing section 555(a). for an additional amount, out of any funds in National Conference of Commissioners on (c) PROTECTION OF STATE’S RIGHTS AND the Treasury not otherwise appropriated, for Uniform State Laws. OTHER LAWS.— (b) APPLICABILITY.—This section applies to (1) IN GENERAL.—Any issue that is not gov- administrative expenses to carry out sec- all actions which have not been first set for erned by a provision of law established by or tions 501 and 502 of division A of the Amer- trial or retrial before the effective date of under this subpart (including the State ican Recovery and Reinvestment Act of 2009 this subpart. standards of negligence) shall be governed by (Public Law 111–5), $5,000,000, to remain SEC. 560. EFFECT ON OTHER LAWS. otherwise applicable Federal or State law. available until expended, which may be (a) GENERAL VACCINE INJURY.— (2) RULE OF CONSTRUCTION.—Nothing in this transferred and merged with the appropria- (1) IN GENERAL.—To the extent that title subpart shall be construed to— tion for ‘‘Small Business Administration— XXI of the Public Health Service Act estab- (A) preempt or supersede any Federal or Salaries and Expenses’’. lishes a Federal rule of law applicable to a State law that imposes greater procedural or SEC. 603. SUMMER EMPLOYMENT FOR YOUTH. civil action brought for a vaccine-related in- substantive protections (such as a shorter There is appropriated, out of any funds in jury or death— statute of limitations) for a health care pro- the Treasury not otherwise appropriated, for (A) this subpart shall not affect the appli- vider or health care institution from liabil- an additional amount for ‘‘Department of cation of the rule of law to such an action; ity, loss, or damages than those provided by Labor—Employment and Training Adminis- and this subpart; tration—Training and Employment Serv- (B) any rule of law prescribed by this sub- (B) preempt or supercede any State law ices’’ for activities under the Workforce In- part in conflict with a rule of law of such that permits and provides for the enforce- vestment Act of 1998 (‘‘WIA’’), $1,000,000,000 title XXI shall not apply to such action. ment of any arbitration agreement related shall be available for obligation on the date (2) EXCEPTION.—If there is an aspect of a to a health care liability claim whether en- of enactment of this Act for grants to States civil action brought for a vaccine-related in- acted prior to or after the date of enactment for youth activities, including summer em- jury or death to which a Federal rule of law of this subpart; ployment for youth: Provided, That no por- under title XXI of the Public Health Service (C) create a cause of action that is not oth- tion of such funds shall be reserved to carry Act does not apply, then this subpart or oth- erwise available under Federal or State law; out section 127(b)(1)(A) of the WIA: Provided erwise applicable law (as determined under or further, That for purposes of section this subpart) will apply to such aspect of (D) affect the scope of preemption of any 127(b)(1)(C)(iv) of the WIA, funds available such action. other Federal law. for youth activities shall be allotted as if the (b) SMALLPOX VACCINE INJURY.— SEC. 562. APPLICABILITY; EFFECTIVE DATE. total amount available for youth activities (1) IN GENERAL.—To the extent that part C This subpart shall apply to any health care in the fiscal year does not exceed of title II of the Public Health Service Act lawsuit brought in a Federal or State court, $1,000,000,000: Provided further, That with re- establishes a Federal rule of law applicable or subject to an alternative dispute resolu- spect to the youth activities provided with to a civil action brought for a smallpox vac- tion system, that is initiated on or after the such funds, section 101(13)(A) of the WIA cine-related injury or death— date of the enactment of this subpart, except shall be applied by substituting ‘‘age 24’’ for (A) this subpart shall not affect the appli- that any health care lawsuit arising from an ‘‘age 21’’: Provided further, That the work cation of the rule of law to such an action; injury occurring prior to the date of enact- readiness performance indicator described in and ment of this subpart shall be governed by the section 136(b)(2)(A)(ii)(I) of the WIA shall be

VerDate Mar 15 2010 02:44 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 E:\CR\FM\A17JN6.036 S17JNPT1 smartinez on DSKB9S0YB1PROD with SENATE June 17, 2010 CONGRESSIONAL RECORD — SENATE S5135 the only measure of performance used to as- with 20 years or more of creditable service plied by the member’s retired pay base under sess the effectiveness of summer employ- computed under section 12732 of this title, section 1406(b)(1) or 1407 of this title, which- ment for youth provided with such funds: but not otherwise entitled to retired pay ever is applicable to the member. Provided further, That an amount that is not under any other provision of this title, shall ‘‘(B) AFTER TERMINATION DATE.—Sub- more than 1 percent of such amount may be qualify in accordance with subparagraphs (B) section (a) does not apply to a member de- used for the administration, management, and (C). scribed in subparagraph (A) if the termi- and oversight of the programs, activities, ‘‘(B) INCLUSION OF MEMBERS NOT OTHERWISE nation date specified in subsection (a)(1)(D) and grants carried out with such funds, in- ENTITLED TO RETIRED PAY.—In the case of a has occurred.’’. cluding the evaluation of the use of such member or former member receiving retired (c) CONFORMING AMENDMENT TO FULL CON- funds: Provided further, That funds available pay under chapter 61 of this title, but who is CURRENT RECEIPT PHASE-IN.—Subsection (c) under the preceding proviso, together with not otherwise entitled to retired pay under of such section is amended by striking ‘‘the funds described in section 801(a) of division A any other provision of this title, the term second sentence of’’. of the American Recovery and reinvestment ‘qualifying service-connected disability’ (d) CLERICAL AMENDMENTS.— Act of 2009 (Public Law 111–5), and funds pro- means a service-connected disability or com- (1) SECTION HEADING.—The heading of such vided in such Act under the heading ‘‘De- bination of service-connected disabilities section is amended to read as follows: partment of Labor–Departmental Manage- that is rated by the Secretary of Veterans ‘‘§ 1414. Concurrent receipt of retired pay and ment–Salaries and Expenses’’, shall remain Affairs at the disabling level specified in one veterans’ disability compensation’’. available for obligation through September of the following clauses (which, subject to paragraph (3), is effective on or after the (2) TABLE OF SECTIONS.—The table of sec- 30, 2011. tions at the beginning of chapter 71 of such SEC. 604. EXPANSION OF ELIGIBILITY FOR CON- date specified in the applicable clause): ‘‘(i) January 1, 2011, rated 100 percent, or a title is amended by striking the item related CURRENT RECEIPT OF MILITARY RE- to section 1414 and inserting the following TIRED PAY AND VETERANS’ DIS- rate payable at 100 percent by reason of indi- ABILITY COMPENSATION TO IN- vidual unemployability or rated 90 percent. new item: CLUDE ALL CHAPTER 61 DISABILITY ‘‘(ii) January 1, 2012, rated 80 percent or 70 ‘‘1414. Concurrent receipt of retired pay and RETIREES REGARDLESS OF DIS- percent. veterans’ disability compensa- ABILITY RATING PERCENTAGE OR ‘‘(iii) January 1, 2013, rated 60 percent or 50 tion.’’. YEARS OF SERVICE. percent. (e) EFFECTIVE DATE.—The amendments (a) PHASED EXPANSION CONCURRENT RE- ‘‘(C) ELIMINATION OF RATING THRESHOLD.— made by this section shall take effect on CEIPT.—Subsection (a) of section 1414 of title In the case of a member or former member January 1, 2011. 10, United States Code, is amended to read as receiving retired pay under chapter 61 re- follows: SEC. 605. EXTENSION OF USE OF 2009 POVERTY gardless of being otherwise eligible for re- GUIDELINES. ‘‘(a) PAYMENT OF BOTH RETIRED PAY AND tirement, the term ‘qualifying service-con- DISABILITY COMPENSATION.— Section 1012 of the Department of Defense nected disability’ means a service-connected Appropriations Act, 2010 (Public Law 111– ‘‘(1) PAYMENT OF BOTH REQUIRED.— disability or combination of service-con- ‘‘(A) IN GENERAL.—Subject to subsection 118), as amended by section 6 of the Con- nected disabilities that is rated by the Sec- tinuing Extension Act of 2010 (Public Law (b), a member or former member of the uni- retary of Veterans Affairs at the disabling formed services who is entitled for any 111–157), is amended— level specified in one of the following clauses (1) by striking ‘‘before May 31, 2010’’; and month to retired pay and who is also entitled (which, subject to paragraph (3), is effective for that month to veterans’ disability com- (2) by inserting ‘‘for 2011’’ after ‘‘until up- on or after the date specified in the applica- dated poverty guidelines’’. pensation for a qualifying service-connected ble clause): disability (in this section referred to as a SEC. 606. REFUNDS DISREGARDED IN THE AD- ‘‘(i) January 1, 2014, rated 40 percent or 30 MINISTRATION OF FEDERAL PRO- ‘qualified retiree’) is entitled to be paid both percent. for that month without regard to sections GRAMS AND FEDERALLY ASSISTED ‘‘(ii) January 1, 2015, any rating. PROGRAMS. 5304 and 5305 of title 38. ‘‘(3) LIMITED DURATION.—Notwithstanding (a) IN GENERAL.—Subchapter A of chapter ‘‘(B) APPLICABILITY OF FULL CONCURRENT the effective date specified in each clause of 65 of the Internal Revenue Code of 1986 is RECEIPT PHASE-IN REQUIREMENT.—During the subparagraphs (B) and (C) of paragraph (2), amended by adding at the end the following period beginning on January 1, 2004, and end- the clause— new section: ing on December 31, 2013, payment of retired ‘‘(A) shall apply only if the termination ‘‘SEC. 6409. REFUNDS DISREGARDED IN THE AD- pay to a qualified retiree is subject to sub- date specified in paragraph (1)(D) would section (c). MINISTRATION OF FEDERAL PRO- occur during or after the calendar year speci- GRAMS AND FEDERALLY ASSISTED ‘‘(C) PHASE-IN EXCEPTION FOR 100 PERCENT fied in the clause; and PROGRAMS. DISABLED RETIREES.—The payment of retired ‘‘(B) shall not apply beyond the termi- ‘‘(a) IN GENERAL.—Notwithstanding any pay is subject to subsection (c) only during nation date specified in paragraph (1)(D).’’. other provision of law, any refund (or ad- the period beginning on January 1, 2004, and (b) CONFORMING AMENDMENT TO SPECIAL vance payment with respect to a refundable ending on December 31, 2004, in the case of RULES FOR CHAPTER 61 DISABILITY RETIR- credit) made to any individual under this the following qualified retirees: EES.—Subsection (b) of such section is title shall not be taken into account as in- ‘‘(i) A qualified retiree receiving veterans’ amended to read as follows: come, and shall not be taken into account as disability compensation for a disability ‘‘(b) SPECIAL RULES FOR CHAPTER 61 DIS- resources for a period of 12 months from re- rated as 100 percent. ABILITY RETIREES WHEN ELIGIBILITY HAS ceipt, for purposes of determining the eligi- ‘‘(ii) A qualified retiree receiving veterans’ BEEN ESTABLISHED FOR SUCH RETIREES.— bility of such individual (or any other indi- disability compensation at the rate payable ‘‘(1) GENERAL REDUCTION RULE.—The re- vidual) for benefits or assistance (or the for a 100 percent disability by reason of a de- tired pay of a member retired under chapter amount or extent of benefits or assistance) termination of individual unemployability. 61 of this title is subject to reduction under under any Federal program or under any ‘‘(D) TEMPORARY PHASE-IN EXCEPTION FOR sections 5304 and 5305 of title 38, but only to State or local program financed in whole or CERTAIN CHAPTER 61 DISABILITY RETIREES; the extent that the amount of the members in part with Federal funds. TERMINATION.—Subject to subsection (b), dur- retired pay under chapter 61 of this title ex- ‘‘(b) TERMINATION.—Subsection (a) shall ing the period beginning on January 1, 2011, ceeds the amount of retired pay to which the not apply to any amount received after De- and ending on September 30, 2012, subsection member would have been entitled under any cember 31, 2010.’’. (c) shall not apply to a qualified retiree de- other provision of law based upon the mem- (b) CLERICAL AMENDMENT.—The table of scribed in subparagraph (B) or (C) of para- ber’s service in the uniformed services if the sections for such subchapter is amended by graph (2). member had not been retired under chapter adding at the end the following new item: ‘‘(2) QUALIFYING SERVICE-CONNECTED DIS- 61 of this title. ‘‘Sec. 6409. Refunds disregarded in the ad- ABILITY DEFINED.—In this section: ‘‘(2) CHAPTER 61 RETIREES NOT OTHERWISE ministration of Federal pro- ‘‘(A) 50 PERCENT RATING THRESHOLD.—In the ENTITLED TO RETIRED PAY.— grams and federally assisted case of a member or former member receiv- ‘‘(A) BEFORE TERMINATION DATE.—If a mem- programs.’’. ing retired pay under any provision of law ber with a qualifying service-connected dis- other than chapter 61 of this title, or under ability (as defined in subsection (a)(2)) is re- (c) EFFECTIVE DATE.—The amendments chapter 61 with 20 years or more of service tired under chapter 61 of this title, but is not made by this section shall apply to amounts otherwise creditable under section 1405 or otherwise entitled to retired pay under any received after December 31, 2009. computed under section 12732 of this title, other provision of this title, and the termi- SEC. 607. ARRA PLANNING AND REPORTING. the term ‘qualifying service-connected dis- nation date specified in subsection (a)(1)(D) Section 1512 of the American Recovery and ability’ means a service-connected disability has not occurred, the retired pay of the Reinvestment Act of 2009 (Public Law 111–5; or combination of service-connected disabil- member is subject to reduction under sec- 123 Stat. 287) is amended— ities that is rated as not less than 50 percent tions 5304 and 5305 of title 38, but only to the (1) in subsection (d)— disabling by the Secretary of Veterans Af- extent that the amount of the member’s re- (A) in the subsection heading, by inserting fairs. However, during the period specified in tired pay under chapter 61 of this title ex- ‘‘PLANS AND’’ after ‘‘AGENCY’’; paragraph (1)(D), members or former mem- ceeds the amount equal to 21⁄2 percent of the (B) by striking ‘‘Not later than’’ and in- bers receiving retired pay under chapter 61 member’s years of creditable service multi- serting the following:

VerDate Mar 15 2010 02:44 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 E:\CR\FM\A17JN6.037 S17JNPT1 smartinez on DSKB9S0YB1PROD with SENATE S5136 CONGRESSIONAL RECORD — SENATE June 17, 2010

‘‘(1) DEFINITION.—In this subsection, the ‘‘(I) whether the covered program has met ‘‘(A) IN GENERAL.—Not later than 45 days term ‘covered program’ means a program for the performance measures for the covered after the end of each calendar quarter, and which funds are appropriated under this divi- program described in paragraph (2)(F); subject to the notification requirements sion— ‘‘(II) if the covered program has failed to under paragraph (2)(B), the Board shall make ‘‘(A) in an amount that is— meet the performance measures, the reasons available on the website established under ‘‘(i) more than $2,000,000,000; and why; and section 1526 a list of all recipients of recov- ‘‘(ii) more than 150 percent of the funds ap- ‘‘(III) any trends in information relating to ery funds that did not provide the informa- propriated for the program for fiscal year the performance of the covered program; and tion required under subsection (c) for the 2008; or ‘‘(vii) evaluates the ability of the covered calendar quarter. ‘‘(B) that did not exist before the date of program to meet the goals of the covered ‘‘(B) CONTENTS.—A list made available enactment of this Act. program given the performance of the cov- under subparagraph (A) shall, for each recipi- ‘‘(2) PLANS.—Not later than July 1, 2010, ered program.’’; ent of recovery funds on the list, include the the head of each agency that distributes re- (2) in subsection (f)— name and address of the recipient, the iden- covery funds shall submit to Congress and (A) by striking ‘‘Within 180 days’’ and in- tification number for the award, the amount make available on the website of the agency serting the following: of recovery funds awarded to the recipient, a a plan for each covered program, which shall, ‘‘(1) IN GENERAL.—Within 180 days’’; and description of the activity for which the re- at a minimum, contain— (B) by adding at the end the following: covery funds were provided, and, to the ex- ‘‘(A) a description of the goals for the cov- ‘‘(2) PENALTIES.— tent known by the Board, the reason for non- ‘‘(A) IN GENERAL.—Subject to subpara- ered program using recovery funds; compliance. graphs (B), (C), and (D), the Attorney Gen- ‘‘(B) a discussion of how the goals de- ‘‘(5) REGULATIONS AND REPORTING.— eral may bring a civil action in an appro- scribed in subparagraph (A) relate to the ‘‘(A) REGULATIONS.—Not later than 90 days priate United States district court against a goals for ongoing activities of the covered after the date of enactment of this para- recipient of recovery funds from an agency program, if applicable; graph, the Attorney General, in consultation that does not provide the information re- ‘‘(C) a description of the activities that the with the Director of the Office of Manage- quired under subsection (c) or knowingly ment and Budget and the Chairperson, shall agency will undertake to achieve the goals provides information under subsection (c) described in subparagraph (A); promulgate regulations regarding implemen- that contains a material omission or tation of this section. ‘‘(D) a description of the total recovery misstatement. In a civil action under this funding for the covered program and the re- ‘‘(B) REPORTING.— paragraph, the court may impose a civil pen- ‘‘(i) IN GENERAL.—Not later than July 1, covery funding for each activity under the alty on a recipient of recovery funds in an covered program, including identifying 2010, and every 3 months thereafter, the Di- amount not more than $250,000. Any amounts rector of the Office of Management and whether the activity will be carried out received from a civil penalty under this using grants, contracts, or other types of Budget, in consultation with the Chair- paragraph shall be deposited in the general person, shall submit to Congress a report on funding mechanisms; fund of the Treasury. ‘‘(E) a schedule of milestones for major the extent of noncompliance by recipients of ‘‘(B) NOTIFICATION.— recovery funds with the reporting require- phases of the activities under the covered ‘‘(i) IN GENERAL.—The head of an agency ments under this section. program, with planned delivery dates; shall provide a written notification to a re- ‘‘(ii) CONTENTS.—Each report submitted ‘‘(F) performance measures the agency will cipient of recovery funds from the agency under clause (i) shall include— use to track the progress of each of the ac- that fails to provide the information re- ‘‘(I) information, for the quarter and in tivities under the covered program in meet- quired under subsection (c). A notification total, regarding the number and amount of ing the goals described in subparagraph (A), under this subparagraph shall provide the re- civil penalties imposed and collected under including performance targets, the frequency cipient with information on how to comply this subsection, sorted by agency and pro- of measurement, and a description of the with the necessary reporting requirements gram; methodology for each measure; and notice of the penalties for failing to do ‘‘(II) information on the steps taken by the ‘‘(G) a description of the process of the so. Federal Government to reduce the level of agency for the periodic review of the ‘‘(ii) LIMITATION.—A court may not impose progress of the covered program towards a civil penalty under subparagraph (A) relat- noncompliance; and meeting the goals described in subparagraph ing to the failure to provide information re- ‘‘(III) any other information determined (A); and quired under subsection (c) if, not later than appropriate by the Director.’’; and ‘‘(H) a description of how the agency will 31 days after the date of the notification (3) by adding at the end the following: ‘‘(i) TERMINATION.—The reporting require- hold program managers accountable for under clause (i), the recipient of the recovery ments under this section shall terminate on achieving the goals described in subpara- funds provides the information. September 30, 2013.’’. graph (A). ‘‘(C) CONSIDERATIONS.—In determining the ‘‘(3) REPORTS.— amount of a penalty under this paragraph for TITLE VII—BUDGETARY PROVISIONS ‘‘(A) IN GENERAL.—Not later than’’; and a recipient of recovery funds, a court shall SEC. 701. DETERMINATION OF BUDGETARY EF- (C) by adding at the end the following: consider— FECTS. ‘‘(B) REPORTS ON PLANS.—Not later than 30 ‘‘(i) the number of times the recipient has (a) IN GENERAL.—The budgetary effects of days after the end of the calendar quarter failed to provide the information required this Act, for the purpose of complying with ending September 30, 2010, and every cal- under subsection (c); the Statutory Pay-As-You-Go Act of 2010, endar quarter thereafter during which the ‘‘(ii) the amount of recovery funds provided shall be determined by reference to the lat- agency obligates or expends recovery funds, to the recipient; est statement titled ‘‘Budgetary Effects of the head of each agency that developed a ‘‘(iii) whether the recipient is a govern- PAYGO Legislation’’ for this Act, submitted plan for a covered program under paragraph ment, nonprofit entity, or educational insti- for printing in the Congressional Record by (2) shall submit to Congress and make avail- tution; and the Chairman of the Senate Budget Com- able on a website of the agency a report for ‘‘(iv) whether the recipient is a small busi- mittee, provided that such statement has each covered program that— ness concern (as defined under section 3 of been submitted prior to the vote on passage. ‘‘(i) discusses the progress of the agency in the Small Business Act (15 U.S.C. 632)), with (b) EMERGENCY DESIGNATION FOR CONGRES- implementing the plan; particular consideration given to businesses SIONAL ENFORCEMENT.—In the House of Rep- ‘‘(ii) describes the progress towards achiev- with not more than 50 employees. resentatives, this Act, with the exception of ing the goals described in paragraph (2)(A) ‘‘(D) APPLICABILITY.—This paragraph shall section 511, is designated as an emergency for the covered program; apply to any report required to be submitted for purposes of pay-as-you-go principles. In ‘‘(iii) discusses the status of each activity on or after the date of enactment of this the Senate, this Act is designated as an carried out under the covered program, in- paragraph. emergency requirement pursuant to section cluding whether the activity is completed; ‘‘(E) NONEXCLUSIVITY.—The imposition of a 403(a) of S. Con. Res. 13 (111th Congress), the ‘‘(iv) details the unobligated and unexpired civil penalty under this subsection shall not concurrent resolution on the budget for fis- balances and total obligations and outlays preclude any other criminal, civil, or admin- cal year 2010. under the covered program; istrative remedy available to the United (c) EMERGENCY DESIGNATION FOR STATU- ‘‘(v) discusses— States or any other person under Federal or TORY PAYGO.—This Act, with the exception ‘‘(I) whether the covered program has met State law. of section 511, is designated as an emergency the milestones for the covered program de- ‘‘(3) TECHNICAL ASSISTANCE.—Each agency requirement pursuant to section 4(g) of the scribed in paragraph (2)(E); distributing recovery funds shall provide Statutory Pay-As-You-Go Act of 2010 (Public ‘‘(II) if the covered program has failed to technical assistance, as necessary, to assist Law 111–139; 2 U.S.C. 933(g)). meet the milestones, the reasons why; and recipients of recovery funds in complying Mr. BOND submitted an ‘‘(III) any changes in the milestones for the with the requirements to provide informa- SA 4377. covered program, including the reasons for tion under subsection (c), which shall include amendment intended to be proposed to the change; providing recipients with a reminder regard- amendment SA 4369 proposed by Mr. ‘‘(vi) discusses the performance of the cov- ing each reporting requirement. BAUCUS to the bill H.R. 4213, to amend ered program, including— ‘‘(4) PUBLIC LISTING.— the Internal Revenue Code of 1986 to

VerDate Mar 15 2010 02:44 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 E:\CR\FM\A17JN6.037 S17JNPT1 smartinez on DSKB9S0YB1PROD with SENATE June 17, 2010 CONGRESSIONAL RECORD — SENATE S5137 extend certain expiring provisions, and ‘‘(A) September 30, 2014, in the case of liq- (d) STATE OFFICES OF RURAL HEALTH.—Sec- for other purposes; which was ordered uefied hydrogen, tion 338J of the Public Health Service Act (42 to lie on the table; as follows: ‘‘(B) December 31, 2010, in the case of fuels U.S.C. 254r) is amended by striking sub- described in subparagraph (A), (C), (E), (F), section (k). Beginning on page 173, line 6, strike all or (G) of subsection (d)(2), and through page 231, line 12, and insert the fol- ‘‘(C) December 31, 2009, in any other case.’’. SA 4382. Mrs. LINCOLN (for herself, lowing: (c) PAYMENT AUTHORITY.— Mr. CORNYN, and Mr. ENSIGN) sub- SEC. 401. USE OF STIMULUS FUNDS TO OFFSET (1) IN GENERAL.—Paragraph (6) of section mitted an amendment intended to be SPENDING. 6427(e) is amended by striking ‘‘and’’ at the The unobligated balance of each amount proposed to amendment SA 4369 pro- end of subparagraph (C), by striking the pe- appropriated or made available under the posed by Mr. BAUCUS to the bill H.R. riod at the end of subparagraph (D) and in- American Recovery and Reinvestment Act of 4213, to amend the Internal Revenue serting ‘‘, and’’, and by adding at the end the 2009 (Public Law 111–5) (other than under Code of 1986 to extend certain expiring following new subparagraph: title X of division A of such Act) is rescinded ‘‘(E) any alternative fuel or alternative provisions, and for other purposes; such that the aggregate amount of such re- fuel mixture (as so defined) involving fuel de- which was ordered to lie on the table; scissions equal $39,860,000,000 in order to off- scribed in subparagraph (A), (C), (E), (F), or as follows: set the net increase in spending resulting (G) of section 6426(d)(2) sold or used after De- At the end of subtitle C of title II, insert from the provisions of, and amendments cember 31, 2010.’’. the following: made by, this Act. The Director of the Office (2) CONFORMING AMENDMENT.—Subpara- of Management and Budget shall report to SEC. —. REDUCTION IN CORPORATE RATE FOR graph (C) of section 6427(e)(6) is amended by QUALIFIED TIMBER GAIN. each congressional committee the amounts inserting ‘‘or (E)’’ after ‘‘subparagraph (D)’’. (a) IN GENERAL.—Paragraph (1) of section so rescinded within the jurisdiction of such 1201(b) is amended by striking ‘‘ending’’ and committee. SA 4381. Mr. BENNET submitted an all that follows through ‘‘such date’’. (b) CONFORMING AMENDMENT.—Paragraph SA 4378. Mr. BOND submitted an amendment intended to be proposed to amendment SA 4369 proposed by Mr. (3) of section 1201(b) is amended to read as amendment intended to be proposed to follows: amendment SA 4369 proposed by Mr. BAUCUS to the bill H.R. 4213, to amend ‘‘(3) APPLICATION OF SUBSECTION.—The BAUCUS to the bill H.R. 4213, to amend the Internal Revenue Code of 1986 to qualified timber gain for any taxable year the Internal Revenue Code of 1986 to extend certain expiring provisions, and shall not exceed the qualified timber gain extend certain expiring provisions, and for other purposes; which was ordered which would be determined by not taking for other purposes; which was ordered to lie on the table; as follows: into account any portion of such taxable to lie on the table; as follows: On page 303, between lines 12 and 13, insert year after December 31, 2010.’’. (c) EFFECTIVE DATE.—The amendments the following: Beginning on page 173, line 6, strike all made by this section shall apply to taxable through page 231, line 12. SEC. 526. RURAL HEALTH ACCESS AND IMPROVE- years ending after May 22, 2009. MENT. SA 4379. Mr. VITTER submitted an (a) GRANTS TO PROMOTE HOSPITAL HEALTH f amendment intended to be proposed to INFORMATION TECHNOLOGY.—Section 3013 of NOTICE OF HEARING amendment SA 4369 proposed by Mr. the Public Health Service Act (42 U.S.C. 300jj–33) is amended by adding at the end the COMMITTEE ON ENERGY AND NATURAL BAUCUS to the bill H.R. 4213, to amend RESOURCES the Internal Revenue Code of 1986 to following: ‘‘(j) PRIORITY.—In awarding a grant under Mr. BINGAMAN. Mr. President, I extend certain expiring provisions, and this section, the Secretary shall give pri- would like to announce for the infor- for other purposes; which was ordered ority to qualified State-designated entities mation of the Senate and the public to lie on the table; as follows: that are critical access hospitals, as defined that the hearing scheduled before the At the end of the subtitle D of title IV, add in section 1861(mm) of the Social Security Senate Committee on Energy and Nat- the following: Act.’’. ural Resources previously announced SEC. lll. NEW REVENUES TO THE OIL SPILL LI- (b) EXPANDED PARTICIPATION IN SECTION for June 24, 2010, at 9:30 a.m., has been ABILITY TRUST FUND. 340B PROGRAM.—Section 340B(a)(4) of the postponed. The revenue resulting from any increase in Public Health Service Act (42 U.S.C. the Oil Spill Liability Trust Fund financing 256b(a)(4)) is amended by adding at the end The purpose of the hearing was to re- rate under section 4611 of the Internal Rev- the following: ceive testimony on S. 3452, a bill to enue Code of 1986 shall— ‘‘(P) An entity that is a rural health clinic, designate the Valles Caldera National (1) not be counted for purposes of offsetting as defined in section 1861(aa)(2) of the Social Preserve as a unit of the National Park revenues, receipts, or discretionary spending Security Act.’’. System, and for other purposes. under the Congressional Budget Act of 1974 (c) GAO STUDY AND REPORT ON DISPENSING For further information, please con- or the Statutory Pay-As-You-Go Act of 2010; FEES.—The Comptroller General of the tact David Brooks at (202) 224–9863 or and United States shall study and report on the Allison Seyferth at (202) 224–4905. (2) shall only be used for the purposes of following aspects of the Medicaid pharmacy the Oil Spill Liability Trust Fund. benefit program under title XIX of the Social f Security Act (42 U.S.C. 1396a et seq.): AUTHORITY FOR COMMITTEES TO SA 4380. Mr. BUNNING (for himself, (1) Any additional costs to pharmacies, and MEET Mr. ROCKEFELLER, Mr. BYRD, and Mr. the factors contributing to such costs, asso- COMMITTEE ON AGRICULTURE, NUTRITION, AND ENZI,) submitted an amendment in- ciated with— FORESTRY tended to be proposed to amendment (A) providing pharmacy services, including Mr. BAUCUS. Mr. President, I ask SA 4369 proposed by Mr. BAUCUS to the whether the pharmacy providing the services unanimous consent that the Com- bill H.R. 4213, to amend the Internal is— (i) a rural or urban pharmacy; mittee on Agriculture, Nutrition, and Revenue Code of 1986 to extend certain (ii) an independent or chain-operated phar- Forestry be authorized to meet during expiring provisions, and for other pur- macy; the session of the Senate on June 17, poses; which was ordered to lie on the (iii) a specialty pharmacy; or 2010. table; as follows: (iv) a long term care pharmacy; The PRESIDING OFFICER. Without Strike subsections (a) through (c) of sec- (B) compliance with the requirements of objection, it is so ordered. tion 207 and insert the following: the drug use review program under section COMMITTEE ON ARMED SERVICES (a) ALTERNATIVE FUEL CREDIT.—Paragraph 1927(g) of the Social Security Act (42 U.S.C. (5) of section 6426(d) is amended by striking 1396r–8(g)), including any State-based coun- Mr. BAUCUS. Mr. President, I ask ‘‘after December 31, 2009’’ and all that fol- seling requirements; and unanimous consent that the Com- lows and inserting ‘‘after— (C) compliance with any additional admin- mittee on Armed Services be author- ‘‘(A) September 30, 2014, in the case of liq- istrative burdens, such as coordination of ized to meet during the session of the uefied hydrogen, benefits and prior authorization require- Senate on June 17, 2010, at 9:30 a.m. ‘‘(B) December 31, 2010, in the case of fuels ments. The PRESIDING OFFICER. Without described in subparagraph (A), (C), (E), (F), (2) The ability of pharmacies to collect objection, it is so ordered. or (G) of paragraph (2), and Medicaid copayments. COMMITTEE ON COMMERCE, SCIENCE, AND ‘‘(C) December 31, 2009, in any other case.’’. (3) The policies used by States to encour- TRANSPORTATION (b) ALTERNATIVE FUEL MIXTURE CREDIT.— age generic drug utilization. Paragraph (3) of section 6426(e) is amended (4) State Medicaid policies regarding the Mr. BAUCUS. Mr. President, I ask by striking ‘‘after December 31, 2009’’ and all administration of vaccinations by phar- unanimous consent that the Com- that follows and inserting ‘‘after— macists and access to vaccinations. mittee on Commerce, Science, and

VerDate Mar 15 2010 02:47 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00087 Fmt 4624 Sfmt 0634 E:\CR\FM\A17JN6.029 S17JNPT1 smartinez on DSKB9S0YB1PROD with SENATE S5138 CONGRESSIONAL RECORD — SENATE June 17, 2010 Transportation be authorized to meet SUBCOMMITTEE ON ENERGY, SCIENCE, AND view period, then the constitution is during the session of the Senate on TRANSPORTATION deemed approved by Congress. If Con- June 17, 2010, at 10 a.m., in room 253 of Mr. BAUCUS. Mr. President, I ask gress approves the proposed constitu- the Russell Senate Office Building. unanimous consent that the Sub- tion, or passes modifications or amend- The PRESIDING OFFICER. Without committee on Energy, Science, and ments, it then goes before the Virgin objection, it is so ordered. Transportation of the Committee on Islands voters to be accepted or re- COMMITTEE ON HEALTH, EDUCATION, LABOR, Agriculture, Nutrition, and Forestry be jected in a referendum. Since 1964, the AND PENSIONS authorized to meet during the session people of the Virgin Islands have at- Mr. BAUCUS. Mr. President, I ask of the Senate at 9:30 a.m. on June 17, tempted five times to write a constitu- unanimous consent that the Com- 2010, in SR–328A. tion, but previous efforts have been un- mittee on Health, Education, Labor, The PRESIDING OFFICER. Without successful. and Pensions be authorized to meet, objection, it is so ordered. On December 31, 2009, the Governor of during the session of the Senate, to f conduct a hearing entitled ‘‘Leveling the Virgin Islands submitted a pro- the Playing Field: Protecting Workers PRIVILEGES OF THE FLOOR posed constitution drafted by the Fifth and Businesses Affected by Mr. GRASSLEY. Mr. President, I ask Constitutional Convention to President Misclassification’’ on June 17, 2010. The unanimous consent that Michaela Obama, and it was transmitted to Con- hearing will commence at 10 a.m. in Byrne and Jeremy Long, members of gress with administration comments. room 430 of the Dirksen Senate Office my staff, be granted floor privileges for The end of the 60 legislative day Con- Building. the duration of the debate on H.R. 4213. gressional review period is June 30. The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without In his February 26, 2010, message to objection, it is so ordered. objection, it is so ordered. Congress, President Obama attached COMMITTEE ON HOMELAND SECURITY AND f the proposed constitution and a memo- GOVERNMENTAL AFFAIRS randum of the Justice Department Mr. BAUCUS. Mr. President, I ask PROVIDING FOR RECONSIDER- ATION AND REVISION OF PRO- which noted that several features of unanimous consent that the Com- the proposed constitution warranted mittee on Homeland Security and Gov- POSED CONSTITUTION OF THE comment: 1, the absence of an express ernmental Affairs be authorized to UNITED STATES VIRGIN IS- recognition of United States sov- meet during the session of the Senate LANDS ereignty and the supremacy of Federal on June 17, 2010, at 3 p.m. Mr. BROWN of Ohio. Mr. President, I law; 2, provisions for a special election The PRESIDING OFFICER. Without ask unanimous consent that the Sen- on the Virgin Islands territorial status; objection, it is so ordered. ate proceed to the immediate consider- 3, provisions conferring legal advan- COMMITTEE ON INDIAN AFFAIRS ation of S.J. Res. 33, a joint resolution Mr. BAUCUS. Mr. President, I ask providing for the reconsideration and tages on certain groups defined by unanimous consent that the Com- revision of the proposed Constitution place and timing of birth, timing of mittee on Indian Affairs be authorized of the U.S. Virgin Islands to correct residency, or ancestry; 4, residence re- to meet during the session of the Sen- provisions inconsistent with the Con- quirements for certain offices; 5, provi- ate on June 17, 2010, at 2:15 p.m. in stitution and Federal law, introduced sions guaranteeing legislative rep- room 628 of the Dirksen Senate Office earlier today. resentation of certain geographic Building to conduct a hearing entitled The PRESIDING OFFICER. The areas; 6, provisions addressing terri- ‘‘Indian Education: Did the No Child clerk will report the joint resolution torial waters and marine resources; 7, Left Behind Act Leave Indian Students by title. imprecise language on certain provi- Behind?’’ The legislative clerk read as follows: sions of the proposed constitution’s bill The PRESIDING OFFICER. Without A joint resolution (S.J. Res. 33) to provide of rights; 8, the possible need to repeal objection, it is so ordered. for the reconsideration and revision of the of certain Federal laws if the proposed COMMITTEE ON THE JUDICIARY proposed constitution of the United States United States Virgin Islands constitu- Mr. BAUCUS. Mr. President, I ask Virgin Islands to correct provisions incon- tion is adopted; and 9, the effect of con- unanimous consent that the Com- sistent with the Constitution and Federal gressional action or inaction on the mittee on the Judiciary be authorized law. proposed constitution. I refer you to to meet during the session of the Sen- There being no objection, the Senate the President’s message and DOJ ate, on June 17, 2010, at 10 a.m., in SD– proceeded to consider the joint resolu- memorandum in the March 1, 2010, Con- 226 of the Dirksen Senate Office Build- tion. gressional Record, page S856. Both in ing, to conduct an executive business Mr. BINGAMAN. Mr. President, the the memorandum and in testimony on meeting. U.S. Virgin Islands is an unincor- May 19 before the Senate Committee The PRESIDING OFFICER. Without porated territory of the United States on Energy and Natural Resources, the objection, it is so ordered. that was acquired from Denmark in Justice Department recommended that COMMITTEE ON SMALL BUSINESS AND 1917. It is one of only two United States ‘‘the provisions conferring legal advan- ENTREPRENEURSHIP territories which does not have a lo- tages on certain groups defined by Mr. BAUCUS. Mr. President, I ask cally adopted constitution to provide place and timing of birth, timing of unanimous consent that the Com- for basic governmental organization residency, or ancestry. . .’’ Item 3 mittee on Small Business and Entre- and operations. Instead, the Virgin Is- above—be removed from the constitu- preneurship be authorized to meet dur- lands government operates under the tion and that consideration be given to ing the session of the Senate on June Revised Organic Act of 1954, as amend- shortening the resilence requirements ed, a Federal law written by Congress 17, 2010, at 10 a.m. to conduct a hearing for certain officers—item 4—and to re- (48 U.S.C. 1541–1645). entitled ‘‘Harnessing Small Business vising the provisions concerning terri- Innovation: Navigating the Evaluation In 1976, to enhance local self-govern- torial waters and marine resources— Process for Gulf Coast Oil Cleanup Pro- ment, Congress enacted Public Law 94– item 6. posals.’’ 584, which, as amended, authorizes the The PRESIDING OFFICER. Without people of the Virgin Islands to convene I am pleased to join with the ranking objection, it is so ordered. a constitutional convention and draft a member of the Committee on Energy SELECT COMMITTEE ON INTELLIGENCE constitution. The law provides for two and Natural Resources, Senator MUR- Mr. BAUCUS. Mr. President, I ask consecutive 60-day periods for Presi- KOWSKI, in introducing this resolution unanimous consent that the Select dential and Congressional review. Upon to provide for the reconsideration and Committee on Intelligence be author- receiving a proposed constitution from revision of the proposed constitution of ized to meet during the session of the the President, Congress may approve, the Virgin Islands to correct provisions Senate on June 17, 2010 at 2:30 p.m. modify, or amend the document by that are inconsistent with the U.S. The PRESIDING OFFICER. Without joint resolution, but if Congress does Constitution and Federal law. More objection, it is so ordered. not act within its 60 legislative day re- specifically, the resolution would

VerDate Mar 15 2010 02:47 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00088 Fmt 4624 Sfmt 0634 E:\CR\FM\A17JN6.032 S17JNPT1 smartinez on DSKB9S0YB1PROD with SENATE June 17, 2010 CONGRESSIONAL RECORD — SENATE S5139 amend P.L. 94–584, as amended, to pro- Convention of the United States Virgin tion would be submitted to the quali- vide that Congress may urge the con- Islands to reconvene for the purpose of fied voters of the U.S. Virgin Islands vention to reconvene, but following re- reconsidering and revising its proposed for acceptance or rejection. consideration and revision of the pro- constitution. Let me first commend The delegates to the convention have posed constitution, it would not be the delegates of the Virgin Islands the choice to bring the proposed con- sent back to Congress for review. In- Fifth Constitutional Convention for stitution in line with the U.S. Con- stead, the U.S. President would have 60 their hard work and efforts in drafting stitution and Federal statutes. It is my calendar days to provide administra- and putting forward this proposed con- preference to see the Convention recon- tion comments to the Governor and stitution. Their commitment to resolv- vene and make these changes them- Congress, and to publish those com- ing this issue and getting a constitu- selves, rather than have the courts im- ments in the Federal Register. Then, tion enacted for the people of the pose them through litigation. This is the revised proposed constitution United States Virgin Islands should be the fifth attempt to establish a con- would be submitted to the voters for applauded. stitution for the people of the U.S. Vir- approval or disapproval. If the Con- The Chairman has clearly laid out gin Islands and I am hopeful that this stitutional Convention fails to recon- the historical and legislative back- attempt, with the necessary revisions, vene, or if the convention fails to make ground of the United States’ relation- will be successful. revisions, then there will be no ref- ship with the U.S. Virgin Islands and Mr. BROWN of Ohio. Mr. President, I erendum of approval or disapproval of the process for Congress to consider a ask unanimous consent that the joint the proposed constitution by the voters proposed constitution. He has also ex- resolution be read a third time, passed; of the Virgin Islands, and this process plained the concerns and issues ex- that the preamble be agreed to, and the ends. pressed by the Administration about motions to reconsider be laid upon the It is challenging for Congress to act some provisions in the proposed con- table en bloc; and that any statements within the 60 legislative day review pe- stitution and that under Public Law related to the joint resolution be print- riod as established by P.L. 94–584, as 94–584, the only options available to ed in the RECORD. amended, ending June 30. The approach Congress are to approve, amend, or re- The PRESIDING OFFICER. Without taken in this resolution to respond to vise the constitution. Disapproval is objection, it is so ordered. the Federal concerns raised with the not an option. Because time is short, The joint resolution (S.J. Res. 33) proposed constitution has been reached Congress only has 60 legislative days to was ordered to be engrossed for a third in consultation with counsel for the take action, it is unlikely we will be reading, was read the third time, and Virgin Islands Convention, and with able to reach an agreement on the pro- passed. the Delegate and Governor of the Vir- posed changes before June 30, 2010, The preamble was agreed to. gin Islands. While there were differing which is the end of the 60 legislative The joint resolution, with its pre- views on how Congress should proceed, days. If Congress does not act before amble, reads as follows: I appreciate the cooperation and com- then, the proposed constitution will be S. J. RES. 33 mitment of all involved in working out deemed approved with no changes. To provide for the reconsideration and re- this consensus approach. As a result, the Chairman and I are vision of the proposed constitution of the There are few more solemn duties in introducing this Joint Resolution to United States Virgin Islands to correct pro- government than that of developing amend P.L. 94–584 to allow Congress to visions inconsistent with the Constitution and adopting a constitution. I com- urge the constitutional convention to and Federal law. mend the delegates to the Virgin Is- reconvene. In accordance with this Whereas Congress, recognizing the basic lands Constitutional Convention for change to the law, the joint resolution democratic principle of government by the urges the Fifth Constitutional Conven- consent of the governed, enacted Public Law their effort and their commitment to 94–584 (94 Stat. 2899) authorizing the people this solemn duty. I also urge them to tion to reconvene for the purpose of re- of the United States Virgin Islands to orga- carefully consider the issues raised by considering and revising the proposed nize a government pursuant to a constitu- the President and Congress and to re- constitution in response to the con- tion of their own adoption; vise the proposed constitution by re- cerns outlined by the executive branch. Whereas a proposed constitution to provide moving or amending those provisions It is my understanding that should for local self-government for the people of that are in conflict with the U.S. Con- Congress pass this joint resolution, the the United States Virgin Islands was sub- stitution. 60 legislative day clock will stop. It is mitted by the President to Congress on For generations, the people of the also my understanding that should this March 1, 2010, pursuant to Public Law 94–584; Whereas Congress, pursuant to Public Law Virgin Islands have been a part of the Joint Resolution be enacted, there are 94–584, after receiving a proposed United United States political family and to- three courses of action for the Fifth States Virgin Islands constitution from the gether we share allegiance to our Na- Constitutional Convention: do not re- President may approve, amend, or modify tion and to the principles enshrined in convene; reconvene but do not revise the constitution by joint resolution, but the the U.S. Constitution. Under this reso- the proposed constitution; or recon- constitution ‘‘shall be deemed to have been lution, the delegates will have the vene and revise the proposed constitu- approved’’ if Congress takes no action within choice of conforming the proposed con- tion. If the convention were to choose ‘‘sixty legislative days (not interrupted by stitution to these shared principles or not to reconvene, or to reconvene but an adjournment sine die of the Congress) after its submission by the President’’; of endorsing the conflicts between the not revise, then the process is dead, Whereas in carrying out Public Law 94–584, proposed constitution and the U.S. there is no further consideration of the the President asked the Department of Jus- Constitution. Endorsing these conflicts proposed constitution, and it does not tice, in consultation with the Department of will most certainly result in either dis- go to the people of the Virgin Islands the Interior, to provide views on the pro- approval of the proposed constitution for a vote. posed constitution; by the voters of the Virgin Islands, or If, however, the convention recon- Whereas the Department of Justice con- years of litigation that will eventually venes and does revise the proposed con- cluded that several features of the proposed strike down these provisions. I urge the stitution, then the revised proposed constitution warrant analysis and comment, constitution would simultaneously be including— delegates to take this rare opportunity (1) the absence of an express recognition of to bring closure to the process—to submitted to the Governor of the Vir- United States sovereignty and the suprem- make the needed revisions and to be re- gin Islands and the President of the acy of Federal law; membered for their leadership in bring- United States. The President would (2) provisions for a special election on the ing a constitution to the people of the then have 60 calendar days to notify territorial status of the United States Virgin Virgin Islands. the Convention, the Governor, and Islands; Ms. MURKOWSKI. Mr. President, I Congress of the comments of the Presi- (3) provisions conferring legal advantages on certain groups defined by place and tim- am pleased to join with Senator JEFF dent on the revised proposed constitu- ing of birth, timing of residency, or ancestry; BINGAMAN, the Chairman of the Senate tion, and publish the comments in the (4) residence requirements for certain of- Energy and Natural Resources Com- Federal Record. Once the comments fices; mittee, in introducing this Joint Reso- have been published in the Federal (5) provisions guaranteeing legislative rep- lution to urge the Fifth Constitutional Record, the revised proposed constitu- resentation of certain geographic areas;

VerDate Mar 15 2010 02:47 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00089 Fmt 4624 Sfmt 0634 E:\CR\FM\A17JN6.015 S17JNPT1 smartinez on DSKB9S0YB1PROD with SENATE S5140 CONGRESSIONAL RECORD — SENATE June 17, 2010 (6) provisions addressing territorial waters ‘‘(c) REVISION OF PROPOSED CONSTITUTION.— there be a period of morning business and marine resources; ‘‘(1) IN GENERAL.—If a convention recon- with Senators permitted to speak for (7) imprecise language in certain provi- venes and revises the proposed constitution, up to 10 minutes each. sions of the bill of rights of the proposed con- the convention shall resubmit the revised The PRESIDING OFFICER. Without stitution; proposed constitution simultaneously to the (8) the possible need to repeal certain Fed- Governor of the Virgin Islands and the Presi- objection, it is so ordered. eral laws if the proposed constitution of the dent. f United States Virgin Islands is adopted; and ‘‘(2) COMMENTS OF PRESIDENT.—Not later (9) the effect of congressional action or in- than 60 calendar days after the date of re- PROGRAM action on the proposed constitution; and ceipt of the revised proposed constitution, Mr. BAUCUS. Mr. President, there Whereas Congress shares the concerns ex- the President shall— pressed by the executive branch of the Fed- ‘‘(A) notify the convention, the Governor, will be no rollcall votes during Friday’s eral Government on certain features of the and Congress of the comments of the Presi- session of the Senate. proposed constitution of the United States dent on the revised proposed constitution; f Virgin Islands and shares the view that con- and sideration should be given to revising those ‘‘(B) publish the comments in the Federal ADJOURNMENT UNTIL 9:45 A.M. features: Now, therefore, be it Register.’’; and TOMORROW Resolved by the Senate and House of Rep- (4) in subsection (d) (as so designated), by resentatives of the United States of America in inserting ‘‘under subsection (b) (or, if revised Mr. BAUCUS. If there is no further Congress assembled, pursuant to subsection (c), on publication of business to come before the Senate, I SECTION 1. SENSE OF CONGRESS ON PROPOSED the comments of the President in the Fed- ask unanimous consent it adjourn CONSTITUTION FOR UNITED STATES eral Register)’’ after ‘‘or modified’’. under the previous order. VIRGIN ISLANDS. Mr. BROWN of Ohio. Mr. President, I There being no objection, the Senate, It is the sense of Congress that Congress— suggest the absence of a quorum. at 8:38 p.m., adjourned until Friday, (1) recognizes the commitment and efforts June 18, 2010, at 9:45 a.m. of the Fifth Constitutional Convention of the The PRESIDING OFFICER. The United States Virgin Islands to develop a clerk will call the roll. f proposed constitution; and The legislative clerk proceeded to (2) urges the Fifth Constitutional Conven- call the roll. NOMINATIONS tion of the United States Virgin Islands to Mr. BAUCUS. Mr. President, I ask Executive nominations received by reconvene for the purpose of reconsidering unanimous consent the order for the the Senate: and revising the proposed constitution in re- quorum call be rescinded. THE JUDICIARY sponse to the views of the executive branch The PRESIDING OFFICER. Without of the Federal Government. JAMES EMANUEL BOASBERG, OF THE DISTRICT OF CO- objection, it is so ordered. SEC. 2. REVISION OF PROPOSED CONSTITUTION. LUMBIA, TO BE UNITED STATES DISTRICT JUDGE FOR THE DISTRICT OF COLUMBIA, VICE THOMAS F. HOGAN, Section 5 of Public Law 94–584 (90 Stat. f RETIRED. 2900) is amended— AMY BERMAN JACKSON, OF THE DISTRICT OF COLUM- ORDERS FOR FRIDAY, JUNE 18, 2010 BIA, TO BE UNITED STATES DISTRICT JUDGE FOR THE (1) by designating the first, second, third, DISTRICT OF COLUMBIA, VICE GLADYS KESSLER, RE- and fourth sentences as subsections (a), (b), Mr. BAUCUS. Mr. President, I ask TIRED. (d), and (e), respectively; unanimous consent that when the Sen- SUE E. MYERSCOUGH, OF ILLINOIS, TO BE UNITED STATES DISTRICT JUDGE FOR THE CENTRAL DISTRICT (2) in subsection (b) (as so designated)— ate completes its business today it ad- OF ILLINOIS, VICE JOE B. MCDADE, RETIRED. (A) by striking ‘‘within’’ and all that fol- journ until 9:45 a.m. on Friday, June 18; DEPARTMENT OF JUSTICE lows through ‘‘after’’ and inserting ‘‘within that following the prayer and pledge, 60 legislative days after’’; and JAMES THOMAS FOWLER, OF TENNESSEE, TO BE the Journal of proceedings be approved UNITED STATES MARSHAL FOR THE EASTERN DISTRICT (B) by inserting ‘‘or has urged the con- to date, the morning hour be deemed OF TENNESSEE FOR THE TERM OF FOUR YEARS, VICE stitutional convention to reconvene,’’ after ARTHUR JEFFREY HEDDEN, RESIGNED. ‘‘in whole or in part,’’; expired, the time for the two leaders be CRAIG ELLIS THAYER, OF WASHINGTON, TO BE UNITED reserved for their use later in the day; STATES MARSHAL FOR THE EASTERN DISTRICT OF (3) by inserting after subsection (b) (as so WASHINGTON FOR THE TERM OF FOUR YEARS, VICE MI- designated) the following: that following any leader remarks CHAEL LEE KLINE, TERM EXPIRED.

VerDate Mar 15 2010 02:47 Jun 18, 2010 Jkt 089060 PO 00000 Frm 00090 Fmt 4624 Sfmt 9801 E:\CR\FM\A17JN6.016 S17JNPT1 smartinez on DSKB9S0YB1PROD with SENATE June 17, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E1127 EXTENSIONS OF REMARKS

ON THE PASSING OF JOHN SMALL BUSINESS JOBS AND credit as their number one problem, have only KING, SR. CREDIT ACT OF 2010 had their problems compounded by the lack of small business lending in many parts of the SPEECH OF country. HON. NANCY PELOSI HON. SHEILA JACKSON LEE According to Treasury Secretary Geithner, OF CALIFORNIA OF TEXAS ‘‘banks have been told to maintain capital lev- els in excess of those required to be consid- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES ered well capitalized. Some banks say they Wednesday, June 16, 2010 Thursday, June 17, 2010 have little choice but to scale back lending, The House in Committee of the Whole even to creditworthy borrowers, and the most Ms. PELOSI. Madam Speaker, I rise today House on the State of the Union had under recent Federal Reserve data shows banks are in remembrance of a much beloved San Fran- consideration the bill (H.R. 5297) to create the Small Business Lending Fund Program continuing to tighten lending standards for cisco community leader and decades-long ad- small business.’’ Given this type of assess- vocate for our elderly and physically-disabled to direct the Secretary of the Treasury to make capital investments in eligible institu- ment by our Secretary of the Treasury, it only residents: John King. Until we lost him on tions in order to increase the availability of makes sense for Congress to take radical June 8, John was the Godfather of Visitacion credit for small businesses, and for other steps to reverse the trend and to stimulate the Valley, bringing hope and dignity to the elder- purposes: most important sector of the economy—the ly. Ms. JACKSON LEE of Texas. Mr. Chair, I small business sector. Born in Texas, John King moved to San rise in strong support of the Small Business Others have documented the small business Francisco in 1948, where he worked for many Lending Fund Act of 2010, H.R. 5297. I would lending dilemma. For example, the TARP years as a butcher. He also worked for nearly like to thank Chairman BARNEY FRANK, co- Congressional Oversight Panel’s May 13, two decades as a Merchant Seaman, circling sponsors of the bill, and the Members of the 2010 Oversight Report (‘‘COP Report’’) ad- the globe seven times. Committee on Financial Services for sup- dressed the issue of small business lending. Upon retirement John King turned his atten- porting this important legislation. I believe this ‘‘The COP Report concluded ‘small business tion to his underserved neighborhood, bill is critical to the continued economic growth credit remains severely constricted’, and also Visitacion Valley, especially the safety and and stability of the nation. Small businesses noted the difficulty smaller banks have had in well-being of its elderly population. He started represent one of the most important segments providing small business credit due to expo- Visitacion Valley Escort Services to provide of the U.S. economy. The health of the na- sure to commercial real estate and other liabil- transportation for the elderly, frail and phys- tion’s small businesses is directly tied to the ities.’’ Whether small business credit liquidity ically challenged. health of the U.S. economy. The latest Cen- is a supply problem, or a demand problem, no one can really say. What is clear is that small The crime-ridden, dilapidated Geneva Tow- sus Bureau data for small businesses indicate businesses in every part of the country, includ- ers apartments had been demolished creating that over 4 million small businesses employ ing my 18th Congressional District, are a critical low-income housing shortage for the more than 20 million employees. Small busi- strapped for the financial resources necessary seniors and families who had lived there. nesses accounted for approximately 18 per- cent of private sector jobs in 2006, but nearly to run their businesses. Now the oil spill in the Working together, John and I helped to se- 25 percent of net employment growth from gulf region has worsened matters for small cure funding through the Department of Hous- 1992 to 2005. The contribution of small busi- businesses in many gulf coast communities ing and Urban Development to build the John nesses to the national economy, particularly and my 18th Congressional District, where King Senior Center. It stands today as a testa- during the economic recession, was crucial to businesses rely on seafood from the gulf for ment to Mr. King’s vision, knowledge and per- creating jobs and promoting economic recov- their survival. Many of these businesses were severance. In his lifetime, John was proud to ery in many parts of the nation. crying out for help before the crisis and will witness its growth and success. This bill recognizes that there has been a only cry louder for help because of it. The The John King Senior Center is an oasis in dramatic decline in lending to small busi- Jackson Lee-Cao amendment will make sure our city: its beautiful garden is tended by sen- nesses, as a result of the worst recession in the small business lending is targeted to these iors, meals are an opportunity for celebration, our history. According to a February 2010 re- gulf coast communities. and holidays, such as Thanksgiving and port of the Federal Deposit Insurance Cor- The Houston District SBA office serves 32 Christmas are made special for the residents. poration (FDIC), total bank loans and leases counties in Southeast Texas where there are This multi-purpose, multi-ethnic neighbor- declined for the sixth straight quarter, with over 340,000 small business establishments. hood center provides a safe haven for seniors, total loans to commercial and industrial bor- The leading categories are Health Services, including transportation services, social oppor- rowers declining 4.3 percent and real estate Business Services, Wholesale Trade-Durable tunities, hot nutritious lunches, health and nu- construction and development loans declining Goods, and Food and Beverage Establish- trition education and housing assistance. In by 8.4 percent. These are not positive indica- ments. John’s name, it offers love and care to those tors for the small business sector, because At the beginning of 2006, the State of Texas who need it most. without access to credit and working capital it reported 706 banks and thrifts. There are 231 is virtually impossible for small businesses to participating lenders belonging to the SBA John will be remembered by its residents for grow or to hire. Jobs must continue to be our Houston District. However, many of these SBA his secret, and mouth-watering, barbecue rec- number one priority and small businesses cre- lenders are not lending to small businesses. ipe, but also for the concern he showed to ate jobs. Among the 10 most populous metro areas, every member of the community. As liquidity in U.S. financial markets evapo- Houston ranked second in employment growth John King’s contributions to Visitacion Val- rated during the economic recession, many rate and fourth in nominal employment growth. ley and the City of San Francisco dem- businesses, particularly small businesses, Much of this growth can be directly attributed onstrated remarkable generosity, and we all found it difficult if not impossible to secure to small businesses. In 2006, the Houston benefitted from his vision, leadership and serv- loans to keep their businesses operating. metropolitan area ranked first in Texas and ice. Meanwhile, banks have imposed more strin- third in the U.S. within the category of ‘‘Best I have lost a wise and cherished friend. I gent lending requirements and eliminated or Places for Business and Careers’’ by Forbes. hope it is a comfort to his beloved wife decreased substantial lines of credit, even Small businesses made these rankings pos- Violette, his sons John ‘Subiani’ King, Jr. and when the businesses are up-to-date on their sible. Jerome King, and his grandchildren that loan repayments. Of course, the nation’s mi- However, I would submit to you that each of countless San Franciscans join them in nority-owned and women-owned businesses, these indicators, particularly the one docu- mourning John King’s passing. which have always cited access to capital and menting the number of small businesses in the

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

VerDate Mar 15 2010 03:21 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\RECORD10\RECFILES\E17JN0.REC E17JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE E1128 CONGRESSIONAL RECORD — Extensions of Remarks June 17, 2010 Houston District, will not improve if the small Care Center at St. Jude’s and in 2008, Katie Burning almost 20 million barrels of oil a business lending crisis continues. Small busi- was recognized as the youngest artist to cre- day, the United States, which possesses a nesses in every category in Houston will be ate an ornament for the White House Christ- mere 2.2 percent of the world’s oil reserves, eliminated permanently, resulting in the loss of mas tree. Katie has also proudly served as a consumes more than one quarter of the jobs, incomes and economic stability. Of Girl Scout for the past four years, recently at- world’s oil supply. This unrivaled compulsion course, the administration acknowledges this taining the rank of Jr. Girl Scout. to consume an increasingly limited oil supply problem, and proposed establishing the $30 Madam Speaker and my colleagues in the has made the United States dependent on im- billion lending fund and the State Small Busi- House, please join me in recognizing Katie porting oil from foreign nations and producing ness Credit Initiative to allocate funding to Schools and commending her for being such environmentally destructive fuel sources. states to support Capital Access Programs. a tremendous example of courage and grace Most recently, our country has witnessed The Obama administration also supports ex- to all who have the benefit of knowing her. the growth of the Canadian tar sands industry. pansion of many of the current SBA programs, f Tar sands are a combination of clay, sand, as well as tax incentives to stimulate the small and bitumen that are found in great quantities business sector. Any comprehensive package HONORING THE 99TH ANNIVER- under the boreal forest of Alberta. Through the of initiatives designed to support small busi- SARY OF BOY SCOUT TROOP 1 use of large mining operations as well as ex- ness is the best solution to keep the small OF PAOLI tremely inefficient underground heating and businesses of our Nation generating jobs and production methods, companies are able to creating income. H.R. 5297 is one element of HON. JIM GERLACH transform tar sands into a form of heavy oil the comprehensive package we need right that travels via pipeline from Canada to the OF PENNSYLVANIA now to provide much needed capital to small Gulf of Mexico to be further refined for use in businesses and the fund has enough safe- IN THE HOUSE OF REPRESENTATIVES transportation fuels. guards to ensure the lending truly benefits Thursday, June 17, 2010 The destructive effects of exploiting tar sands and building pipelines are varied and small businesses. Mr. GERLACH. Madam Speaker, I rise far reaching. These projects provide the Ladies and gentlemen, I believe we have today to honor Boy Scout Troop 1 of Paoli, United States a highly polluting fuel that when reached an impasse when its comes to small Chester County as they celebrate their 99th burned emits two to three times more carbon business lending in our country, and the only anniversary. way to send a strong signal to the small busi- than the dirtiest fuels we use today. Wide- Generation after generation, the Scouts of nesses and the banks that lend to them is to spread usage of tar sands will further ensure Troop 1 have developed and exhibited exem- pass legislation that will help to ease the li- our dependence on fossils fuels that will pol- plary character, values and leadership skills quidity crisis. This bill is a timely well-crafted lute and contaminate our air and water. Fur- and have volunteered thousands of hours to measure to assist the Nation’s small busi- thermore, permitting tar sands mining and clean up streams, build parks and take on nesses. I urge you to support H.R. 5297. pipelines will significantly detract from the nec- countless other projects aimed at improving essary drive to develop cleaner and more effi- f the quality of life throughout the Paoli area. As cient fuel sources—sources that will not weak- a result, the Troop has established itself as IN RECOGNITION OF KATIE en our economy, threaten our national secu- one of the premiere Scouting programs in the SCHOOLS rity, or harm the environment. Nation. Should tar sands pipelines be built, thou- HON. ERIC CANTOR A major reason the tradition of Scouting has sands of miles of land will be irrevocably thrived in Paoli and throughout the Nation is scarred and poisoned. The pipelines required OF VIRGINIA due to dedicated volunteers and Troop alumni, IN THE HOUSE OF REPRESENTATIVES to transport the oil cut through sensitive eco- who graciously commit countless hours and systems, cross rivers, and invade ranches and Thursday, June 17, 2010 endless effort to mentoring young men in their farms, which threaten water supplies, displace Mr. CANTOR. Madam Speaker, I am proud communities. and endanger local wildlife, and put farmland to rise today in recognition of my constituent, Madam Speaker, I ask that my colleagues out of production. Such pipelines also lead to Katie Schools, who is serving as an ‘‘intern for join me today in congratulating Boy Scout a near inevitability of spills and leaks, the eco- a day’’ here on Capitol Hill. Troop 1 on reaching this very special mile- nomic and environmental repercussions of Katie first realized her passion for public stone and offering best wishes for continued which would be tremendous. service and our Nation’s democratic process success in mentoring generations of local In addition to the risks that arise from pipe- in 2003, when she met with staff members youth and building a stronger community and line construction, the tar sands mining and from my office and the office of Senator John Nation. production facilities will irreversibly devastate Warner. With the steady support and encour- f the environment. By creating a demand for tar agement of her parents, Susan and Chris sands, the Canadian Government will be en- RECOGNIZING THE DANGERS AND Schools, Katie has developed a deep interest couraged to continue removing the boreal for- DRAWBACKS OF AMERICA’S AD- in politics and she has made a lasting impact est, destroying the natural habitats of count- DICTION TO OIL in my office. less animals and polluting both the air and Katie Schools impresses all who meet her water. Moreover, the growth in tar sands pro- with her perseverance and her passion for HON. STEVE COHEN duction facilities will necessitate the increased serving her community in the face of adversity. OF TENNESSEE use of United States refiners which create far Born on October 25, 2000 in Henrico County, IN THE HOUSE OF REPRESENTATIVES more air and water pollution in their sur- VA, Katie was diagnosed at the age of one rounding communities. Thursday, June 17, 2010 with a tumor which was located in the middle The construction of these pipelines should of her brain. Today, Katie bravely continues to Mr. COHEN. Madam Speaker, I rise today be immediately canceled, effectively taking a battle this disease. While receiving radiation to recognize the dangers of America’s contin- stand against the proliferation of this dirty fuel. therapy at St. Jude’s Children’s Hospital, Katie ued dependence on harmful fossil fuels and Congress should also pass comprehensive cli- volunteered to be interviewed in 2007 for the the urgent need to usher in a new era of mate and energy legislation that will hold the St. Jude’s Kids Radiothon by K95 Country clean, green energy. In his 2006 State of the oil companies and similar corporations ac- Cares to share her story. This radiothon oc- Union Address, President George W. Bush countable for their pollution. Instead of building curs every February and benefits the children poignantly noted that ‘‘America is addicted to pipelines, we need to invest in American inge- of St. Jude’s and Katie has continued to par- oil,’’ an extremely destructive habit that con- nuity and create a clean, green American en- ticipate in two more radiothons to help raise tinues to threaten our environment, national ergy economy. support and awareness for the work of St. security, health, and economy. In light of the We must do everything in our power to end Jude’s. ongoing catastrophe in the Gulf of Mexico, it this oil addiction, and endorsing tar sands In addition to her many other interests, Katie is imperative that we recognize the dangers of pipelines is a step in the wrong direction. Such is also developing her promising skills as an our oil addiction and strive to actively break a project would only continue to fuel the fires artist. Her art work has been displayed in the away from this costly and destructive depend- of our dependency. Now more than ever, we Bone Marrow Transplant unit in the Chili’s ence. must take a stand.

VerDate Mar 15 2010 03:21 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\RECORD10\RECFILES\E17JN0.REC E17JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE June 17, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E1129 HONORING NANCY J. REED amendment will help resolve the negative im- and graduated with a Juris Doctorate degree pacts of the oil spill by ensuring that credit is in 1972. Later that year, he was admitted to HON. SAM GRAVES extended to small businesses in these areas. the California Bar. Madam Chair, given the enormous economy Judge Moffat moved to Madera, California OF MISSOURI created by the natural resources of the Gulf of to become an assistant district attorney. Over IN THE HOUSE OF REPRESENTATIVES Mexico, the economic effects of the oil spill the next 12 years he gained broad experience Thursday, June 17, 2010 will be massive. In 2008, over 620,000 were in both criminal and appellate law with succes- Mr. GRAVES of Missouri. Madam Speaker, employed in the tourism and recreation mar- sive positions with the U.S. Attorney’s Office, I proudly pause to recognize Nancy J. Reed of kets and 210,000 in commercial fishing indus- Federal Public Defender’s Office, Tulare Saint Joseph, Missouri. Nancy is active in the try in the Gulf Region. Secondary job markets County Public Defender’s Office, as well as community and she has been chosen to re- also rely on business related to the natural re- private practice. In 1986 Judge Moffat ran for ceive the YWCA Women of Excellence Award sources of the Gulf. These include boat main- Madera County Superior Court and was elect- for Woman in Volunteerism. tenance companies, fishing equipment sup- ed. He was re-elected in 1992, 1998 and Nancy is a truly outstanding individual and pliers, and cleaning companies to name a few. 2004. Judge Moffat served as the Presiding has been a volunteer and leader These markets are, and will continue to be ad- Judge in 1989, 1991–1992, 1996 and 2002– extraordinaire her entire life. She is respected versely affected by the oil spill. 2004. During his career, Judge Moffat also for her leadership and passion for doing what Estimates of the exact economic repercus- served as Presiding Judge of Appellate Divi- is right for mankind. She broke ground in 1964 sions of the spill have yet to be determined. sion, Judge of Appellate Division for Madera as a savvy political wife helping elect her hus- However, the University of Central Florida pre- Superior Court, Judge of Appellate Division for Mariposa Superior Court and Associate Jus- band to the Missouri House. She then partici- dicts that in Florida alone, 40,000 jobs and tice pro tempore of the Court of Appeals, Fifth pated in city, county, state and national elec- $2.2 billion could be lost as a direct result. President Obama has recently stated that the Appellate District. tions. She was elected to the SJSD school Outside of the court room, Judge Moffat board in 1976 and was president in 1980– American people should be prepared for an ongoing economic impact, resulting from the was a member of the California Judges Asso- 1982. She served at a difficult time, closing ciation, Cow County Judges Association, Cali- four schools—including her own children’s oil spill. In my recent visit to the impacted commu- fornia State Bar, La Raza Lawyers Association school. She has served for United Way, of Fresno, Madera County Bar Association, InterServ, the Planning and Zoning Com- nities of the Gulf Coast region, I had an oppor- tunity to visit with oystermen, fishermen, and the California Public Defenders Associa- mittee, and the Francis Street United Meth- tion. Judge Moffat served as a Madera County odist Church. watermen, shrimpers, boat owners and others to listen to their personal stories of lost Law Library Trustee for twenty-four years. He Madam Speaker, I proudly ask you to join was also involved with many community orga- me in recognizing Nancy J. Reed. She has dreams, lost revenues, and disruptions to their way of living caused by the oil spill. This bill nizations, including the Young Men’s Institute, made an amazing impact on countless individ- the Italo American Club, the Italian Catholic uals in the St. Joseph Community. I am hon- represents a small step towards returning their lives to some sense of normality by requiring Federation, the Knights of Columbus, the Pan ored to represent her in the United States American Club, Madera Elks Club and Madera Congress. financial institutions in these devastated com- munities, to begin lending again to small busi- Noon Lions. He also worked tirelessly with f nesses, which generate jobs and incomes. local youth and the Boy Scouts of America. SMALL BUSINESS JOBS AND Again, I would like to thank my colleague, For his contribution and service, Judge Moffat CREDIT ACT OF 2010 Representative ANH CAO, for joining me as a received many awards and honors. He was co-sponsor of this amendment. He too under- named ‘‘Man of the Year’’ by the Young Man’s SPEECH OF stands the importance of this bill as a vehicle Institute and the Pan American Club and the HON. SHEILA JACKSON LEE to provide small business lending to aid in the Dad’s Can Cook 2003 ‘‘Father of the Year’’. recovery of those communities affected by the Judge Moffat was honored by the Madera OF TEXAS oil spill. This amendment to H.R. 5297 would County Office of Education in 2001 when he IN THE HOUSE OF REPRESENTATIVES provide a major impetus in the sustained ef- was awarded the ‘‘Golden Apple Award’’, and Wednesday, June 16, 2010 forts towards recovery from this unfolding cri- again recently when they named the Mock Trial program in his honor. The House in Committee of the Whole sis. If small businesses are able to obtain credit, they would again gain the ability to Judge Moffat spent his free time golfing with House on the State of the Union had under his children and friends at the Madera Golf consideration the bill (H.R. 5297) to create grow, expand, and thus create new job oppor- the Small Business Lending Fund Program tunities in the regions affected by the oil spill. and Country Club, at home baking with his to direct the Secretary of the Treasury to This would greatly offset the economic catas- grandchildren or playing penny slot machines make capital investments in eligible institu- trophe that is already emerging in these areas; at the casinos with his wife, Veronica. He was tions in order to increase the availability of one that no one could have anticipated less a sports enthusiast, always finding opportuni- credit for small businesses, and for other ties to discuss major league baseball and the purposes: than 57 days ago. For these reasons, I urge the Committee to Denver Broncos; he read the sports section of Ms. JACKSON LEE of Texas. Mr. Chair, I make my amendment in order. the San Francisco Chronicle often. want to thank Chairman BARNEY FRANK and Judge Moffat is survived by his wife of 35 f Members of the House Financial Services years, Veronica; their children, Gina, Edward Committee for supporting the ‘‘Small Business HONORING EDWARD MOFFAT II III, Sarah and Matthew; brothers John and Lending Fund Act of 2010’’, and for the oppor- Joe; sister Marie Capri; grandchildren Kobe tunity to explain my amendment, No. 12, to HON. GEORGE RADANOVICH and Devon. He also leaves behind many nieces, nephews and friends. He was a loving H.R. 5297. I also want to thank Representa- OF CALIFORNIA and devoted husband and father, a tireless tive ANH ‘‘JOSEPH’’ CAO from the Louisiana’s IN THE HOUSE OF REPRESENTATIVES Second District, one of the Gulf Coast commu- community leader and a great friend to many. nities affected by the oil spill for co-sponsoring Thursday, June 17, 2010 Madam Speaker, I rise today to post- the amendment. Mr. RADANOVICH. Madam Speaker, I rise humously honor Edward Moffat. I invite my My amendment would require the Secretary today to honor the life of Edward Moffat and colleagues to join me in honoring his life and of Treasury to confer special consideration in his service to the community. Judge Moffat wishing the best for his family. the allocation of funds to states in the Gulf re- passed away on January 16, 2010 at the age f gion, and to eligible financial institutions in the of 63. IN MEMORIAM: GEORGE HODDY areas where the local economy has been ad- Judge Edward Moffat II was born on De- versely affected by the recent Gulf Region oil cember 20, 1946 in Denver, Colorado, to Ed- spill. Local communities that rely on the nat- ward and Josephine Sansone-Moffat. In 1963 HON. OF MICHIGAN ural resources and the related business activ- the family moved to Oakland, California. Upon IN THE HOUSE OF REPRESENTATIVES ity of the Gulf have been devastated. If eco- graduating from Bishop O’Dowd High School, nomic action is not taken, they will continue to he attended St. Mary’s College at Moraga, Thursday, June 17, 2010 see layoffs, increased unemployment, and sig- where he earned a bachelor of arts degree in Mr. CAMP. Madam Speaker, today, my dis- nificant declines in economic activity. This history. He attended Golden Gate University trict laid to rest a local hero, a man who truly

VerDate Mar 15 2010 03:21 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\RECORD10\RECFILES\E17JN0.REC E17JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE E1130 CONGRESSIONAL RECORD — Extensions of Remarks June 17, 2010 embodied the community spirit that makes our Madam Speaker, I proudly ask you to join as a ‘progressive’ organization ‘challenging country so great. me in recognizing Jennifer Soper. Her traditional police practices.’ ’’ George Hoddy, an extraordinarily accom- achievements and selfless acts of service They are ‘‘partnered with the ACLU and plished businessman, booster, and philan- have impacted countless individuals in and be- [have] lobbied against even federal enforce- thropist in Owosso, Michigan, died on Sunday yond the St. Joseph Community. I am honored ment of immigration laws.’’ at the age of 105. His life is an example for to represent her in the United States Con- all Americans. gress. If a group of self-described ‘‘conservative’’ law enforcement officers had met with Attor- He moved to Owosso in 1936 as an enter- f prising young man, driven by a truly American ney General Holder, the media would have spirit to provide jobs and help Owosso recover GOVERNMENT EFFICIENCY, EF- mentioned their bias in the news coverage— from the Great Depression. FECTIVENESS, AND PERFORM- if they bothered to cover the story at all. He founded Universal Electric Company in ANCE IMPROVEMENT ACT OF 2010 Owosso, becoming a community icon and pro- f viding steady employment for thousands. SPEECH OF George was a constant innovator, developing HONORING LONG-TIME LABOR HON. BILL FOSTER LEADER, ACTIVIST AND UCLA ideas and obtaining 32 patents in the small- OF ILLINOIS motor field. SCHOLAR MR. JOHN DELLORO IN THE HOUSE OF REPRESENTATIVES Not content with simply being a business leader, George was also icon in many-commu- Wednesday, June 16, 2010 nity organizations. A run-down of just a few of Mr. FOSTER. Madam Speaker, I rise today HON. JUDY CHU those include Memorial Healthcare, the Rotary in strong support of H.R. 2142, The Govern- OF CALIFORNIA Club, the Boy Scouts, Shiawassee YMCA and ment Efficiency, Effectiveness, and Perform- IN THE HOUSE OF REPRESENTATIVES YWCA, Shiawassee United Way, Owosso- ance Improvement Act. This legislation will Corunna Area Chamber of Commerce, force federal agencies and Congress to con- Thursday, June 17, 2010 Owosso Industrial Development Corporation, front a crucial question: does the government the Shiawassee Foundation. His service truly we have operate as efficiently and responsibly Ms. CHU. Madam Speaker, I rise today to was life-long: he was a Mason for more than as possible? By requiring agency heads to set recognize a great loss to our community, Mr. 80 years. measurable goals, subjecting identified pro- John Delloro, who passed on the morning of And there are many more. George’s involve- grams to frequent assessments, and by en- June 5, 2010, at the young age of 39. My ment illustrates how working together and giv- hancing transparency, this bill goes a long heart goes out to his wife, Dr. Susan Suh, ing back can better one’s community. way towards creating an accountable, results- their two young children, Mina and Malcolm, One of his crowning achievements was to oriented government. and the rest of John’s family and friends. encourage Baker College to come to Owosso. Before coming to Congress, I was a sci- Delloro was an extraordinary citizen, a pow- He served as the original Board of Regents entist and a businessman. In both science and erful advocate for social justice in Los Ange- chair for Baker College of Owosso. Most re- business, data, clear metrics, and measurable les, our Nation and beyond. He helped im- cently, he donated his home and four other goals guide any successful endeavor. The prove the lives of many people in his short yet buildings to the school, and established a same should be true of the federal govern- fulfilling life, becoming a nationally recognized scholarship in his and wife Lois’s names there. ment. Whenever taxpayer dollars are spent, He has been, rightly, called an ‘‘honorary labor leader, educator, organizer, teacher and the American people deserve to know whether mentor well before the age of 40. founding father’’ by Owosso’s Mayor. George they’re getting their money’s worth. This A Bruin through and through, John earned Hoddy’s belief in and commitment to the means identifying which agencies are working, his master’s degree in Asian American Studies founding strengths our nation; free enterprise, and which are not. and his bachelor’s degree in Psychology at limited government, and involvement in his With deficits on an unsustainable long-term UCLA. He worked as a lecturer at UCLA’s community made him a giant among men. I course, we must have a mechanism in place Asian Studies Department for three years, in- valued his friendship and counsel. His life was to ferret out wasteful spending and not hesi- spiring countless students to become involved one to be truly celebrated. tate to slash underperforming programs. This and active in their community. f bill not only puts in place that mechanism, but HONORING JENNIFER SOPER it also allows the public to participate in the During his tenure as a faculty member at process. Agencies will be required to consider Los Angeles Trade Technical College, Delloro public input on program goals and the criteria helped groomed a new generation of union HON. SAM GRAVES leaders, teaching classes in politics and labor, OF MISSOURI by which they are assessed. labor leadership and strategic planning for IN THE HOUSE OF REPRESENTATIVES This bill is a victory for accountable govern- ment and the American taxpayer. Those who labor unions. Thursday, June 17, 2010 oppose it will say that it does not go far and John will always be remembered as a tire- Mr. GRAVES of Missouri. Madam Speaker, fast enough, but they will not dispute that it is less advocate for working men, women and I proudly pause to recognize Jennifer Soper of a step in the right direction. I urge my col- families. He served as manager of the south- Saint Joseph, Missouri. Jennifer is active in leagues to support this legislation. west California area of the 90,000 member the community through her work and has been f SEIU Local 1000, the Union of California State chosen to receive the YWCA Women of Ex- Workers and as staff director for the acute MEDIA HELPS ATTORNEY cellence Award for Emerging Leader. care hospital division of SEIU Local 399. He GENERAL As managing attorney for the local office of was a dedicated labor leader, spending count- Legal Aid of Western Missouri, Jennifer leads less hours organizing workers of all back- the largest individual unit within the organiza- HON. LAMAR SMITH grounds, from cooks in Las Vegas to court tion. She has dedicated her career to assisting OF TEXAS employees in Los Angeles. the underprivileged and victims of abuse, and IN THE HOUSE OF REPRESENTATIVES serves on several councils and committees He was also a leading advocate for his own that further the interests of the less fortunate Thursday, June 17, 2010 Filipino American and APA community, co- and minority groups. Some of her accomplish- Mr. SMITH of Texas. Madam Speaker, the founding the Pilipino Workers Center of South- ments include developing educational bro- media recently covered a meeting between At- ern California and serving as National Presi- chures in multiple languages to inform clients torney General Holder and police chiefs who dent of the Asian Pacific Labor Alliance, AFL– of their rights and obligations, facilitating pro- oppose Arizona’s new immigration enforce- CIO, the largest and only national organization grams to disperse that information, teaching a ment law. The stories left readers with the im- dedicated to representing the interests of course in family law, and recruiting interns. pression their views were representative of Asian Pacific American working families. Jennifer demonstrates excellence in her var- law enforcement officers. I urge all my House colleagues to join me ious roles as a volunteer. Her impact has That’s not the case, as Investor’s Business in honoring my friend John Delloro for his re- been extensive, both to the individuals she is Daily has pointed out: markable service and contribution to our coun- working to serve and to her co-workers whom The meeting was ‘‘staged by a liberal Wash- try. He has made a true impact on lives of she serves alongside. ington lobby group . . .’’ that ‘‘describes itself many, and will be sorely missed.

VerDate Mar 15 2010 03:21 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\RECORD10\RECFILES\E17JN0.REC E17JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE June 17, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E1131 HONORING COMMUNITY ACTION to community banks. Today’s legislation will 340, 341, and 342. Had I been present I PARTNERSHIP OF GREATER also create the State Small Business Credit would have voted ‘‘yes’’ for these measures. SAINT JOSEPH Initiative that would partner with state based f programs to lend up to $20 billion in new lend- HON. SAM GRAVES ing. This is critical because many state-based JUNETEENTH programs are being forced to slash funding OF MISSOURI due to severe budget shortfalls. HON. SHEILA JACKSON LEE IN THE HOUSE OF REPRESENTATIVES Mr. Chair, small businesses will be the cata- OF TEXAS Thursday, June 17, 2010 lyst to bring America out of this severe reces- IN THE HOUSE OF REPRESENTATIVES Mr. GRAVES of Missouri. Madam Speaker, sion. Providing assistance to our small busi- Thursday, June 17, 2010 I proudly pause to recognize Community Ac- nesses is a necessary and urgent priority. I Ms. JACKSON LEE of Texas. Madam tion Partnership of Greater Saint Joseph. This urge my colleagues to support today’s legisla- Speaker, I am delighted to acknowledge agency is active in the St. Joseph community tion. Juneteenth. I am pleased to be with you this through their work and have been chosen to f afternoon. I would like to thank you for your receive the YWCA Women of Excellence HONORING ALAN W. MENDELSOHN commitment to seeking solutions to one of the Award for Employer of Excellence. most pressing challenges facing our commu- Community Action Partnership has a 45 HON. CHRIS VAN HOLLEN nity: ensuring that everyone receive all the year history of empowering women and open- OF MARYLAND rights guaranteed under our civil rights laws. I ing doors of opportunity, through assistance to IN THE HOUSE OF REPRESENTATIVES believe that one of the most important viola- young mothers in achieving college dreams to tions of civil rights are hate crimes and racial providing development opportunities to help Thursday, June 17, 2010 profiling. I also believe that equal access to maintain employment for mothers in need. Mr. VAN HOLLEN. Madam Speaker, I rise health, education, housing and health care, Many staff members began their careers as today to honor Alan W. Mendelsohn of the De- are all civil rights. But I will focus on hate program participants and have become super- partment of the Navy, who is retiring after crimes and access to adequate health care. visors and leaders in the organization, all ex- more than thirty-two years of faithful service to HISTORY OF JUNETEENTH pressing a passion for their work and the our Nation, culminating in his role as Deputy For those of you who ask, ‘‘What is agency. With benefits that include flexible Counsel of the Military Sealift Command. Juneteenth,’’ I will tell you. Dating back to hours, work-from-home options, healthcare for During his more than thirty-two years of fed- 1865, it was on June 19 that the Union sol- both full and part-time employees, and time al- eral service, twenty-five of which were spent diers, led by the courageous Major General lotted each week to attend classes, this agen- as an attorney in the Office of General Coun- Gordon Granger, landed in Galveston, Texas cy is building a brighter future for 145 individ- sel supporting the Military Sealift Command, with news that the Civil War had ended and uals and their families. This employer is em- Mr. Mendelsohn has consistently dem- that the enslaved were now free. The Emanci- powering its staff by encouraging involvement onstrated the highest level of leadership and pation Proclamation became official on Janu- in community organizations, local boards, and commitment to his country. ary 1, 1863. Nevertheless, people held in leadership programs at the local, state and na- In support of the ongoing war on terror, Mr. bondage in Texas had to wait two and a half tional level. Mendelsohn provided distinguished legal serv- years after President Lincoln’s proclamation, ices to ensure the award of numerous signifi- Madam Speaker, I proudly ask you to join to hear the news of freedom. cant and complex procurements, and to re- me in recognizing Community Action Partner- It gives me great pleasure to speak about solve force protection and international law ship of Greater Saint Joseph. Their empower- Juneteenth and I would like to share with you issues related to civilian mariners. In par- ment and dedication to their employees has the letter that Major General Gordon Granger ticular, Mr. Mendelsohn was instrumental in impacted countless individuals in and beyond read to the emotion filled slaves. It reads as the award of the heavy lift contract to return the Saint Joseph Community. I am honored to follows: ‘‘The People of Texas are informed the USS COLE to the United States for repairs represent this agency in the United States that in accordance with a Proclamation from following its damage from a terrorist attack. Congress. the Executive of the United States, all slaves Mr. Mendelsohn also demonstrated out- are free. This involves an absolute equality of f standing initiative in serving as a business ad- rights and rights of property between former SMALL BUSINESS JOBS AND visor to the Military Sealift Command in the masters and slaves, and the connection here- CREDIT ACT OF 2010 implementation of a significant realignment tofore existing between them becomes that that has ensured that the MSC can meet the between employer and free laborer.’’ SPEECH OF increasing needs of the warfighter at a re- Prior to June 19, 1865, the Emancipation duced cost. Proclamation had little impact on Texans due HON. , JR. Mr. Mendelsohn established himself as a re- to the minimal number of Union troops avail- OF MICHIGAN spected expert in the maritime industry and able to enforce the new Executive order. IN THE HOUSE OF REPRESENTATIVES was frequently asked to conduct briefings for Thanks to the meritorious Major Granger and Wednesday, June 16, 2010 Members of Congress and their staff on the arrival of his troops, there were forces issues associated with the maritime industry, strong enough to overcome the resistance and The House in Committee of the Whole including overseas ship repair and maritime House on the State of the Union had under to free the slaves. labor practices. Mr. Mendelsohn also drafted a Many stories have been told about the ac- consideration the bill (H.R. 5297) to create number of legislative proposals that were en- the Small Business Lending Fund Program tual reason for why it took so long for the to direct the Secretary of the Treasury to acted into law. news of the Emancipation to reach Galveston, make capital investments in eligible institu- Alan Mendelsohn has exhibited integrity, vi- but it is very difficult to say which one is true. tions in order to increase the availability of sion, dedication and civility throughout his ca- The fact still remains that the news did not credit for small businesses, and for other reer. The commitment and sacrifice of Ameri- come to the enslaved Texans soon enough. purposes: cans like him enrich our Nation. I am proud, The reactions to the profound news ranged Mr. CONYERS. Mr. Chair, today I rise in Madam Speaker, to thank Alan Mendelsohn from pure shock to immediate jubilation. strong support of Small Business Lending for his honorable service to our Nation. I wish Upon hearing the news, many of the newly Fund Act of 2010. Small businesses are the him fair winds and following seas as he con- freed slaves went north and others went to engine of economic growth where nearly two cludes a distinguished career of public service. neighboring states, such as Louisiana, Arkan- out of three jobs are created. A recent study f sas, and Oklahoma. For those freed men and found that 39 percent of small businesses PERSONAL EXPLANATION women, recounting the memories and festivi- were struggling to access credit. Today’s leg- ties of that great day in June of 1865 served islation will address this issue by providing HON. JOHN A. YARMUTH as motivation as well as a release from the capital to community banks who will lend to growing pressures encountered in their new OF KENTUCKY these job creating small businesses. IN THE HOUSE OF REPRESENTATIVES territory. The Small Business Lending Fund Act The celebration of June 19th was coined would establish a $30 billion fund to lend to Thursday, June 17, 2010 ‘‘Juneteenth’’ and it grew with more participa- small businesses looking to hire and expand Mr. YARMUTH. Madam Speaker, I was un- tion from descendants. The Juneteenth cele- their operations by providing additional capital able to cast the recorded votes for rollcall 339, bration was a time for reassuring one another,

VerDate Mar 15 2010 03:21 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\RECORD10\RECFILES\E17JN0.REC E17JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE E1132 CONGRESSIONAL RECORD — Extensions of Remarks June 17, 2010 for praying and for gathering with family mem- United States. The work of the Department of HONORING LIEUTENANT ROBERT bers. This still holds true today because Afri- Justice served in part as inspiration for Presi- REYNOLDS can Americans continue to face many chal- dent Johnson to sign the Voting Rights Act of lenges that call for prayer and gathering to- 1965 into law. HON. JAMES P. McGOVERN gether with one’s family and community. The Department of Justice is innately close OF MASSACHUSETTS When the celebration of Juneteenth origi- to my heart. My father worked for many years IN THE HOUSE OF REPRESENTATIVES in the Bureau of Prisons, a subdivision of the nated, a range of activities were offered to en- Thursday, June 17, 2010 tertain the masses, many of which continue in Department of Justice, and was the director of tradition today. Rodeos, fishing, barbecuing classifications and paroles. He was at that Mr. MCGOVERN. Madam Speaker, I rise and baseball are just a few of the typical time the highest ranking African-American in today to honor the career of Lieutenant Robert Juneteenth activities that one may witness or the bureau. Today the department is headed Reynolds of the Worcester Fire Department. participate in today. This is an historic and im- by Attorney General Eric Holder, the first Afri- Lieutenant Reynolds is retiring after 24 years portant commemoration for Texas but also for can-American man to hold this position in the of dedicated service to the City of Worcester. the Nation. This Holiday equals freedom. I ap- departments 140 year history. It is ironic that As with any public service profession, the plaud all of the events sponsored by the Department charged with justice for all nobility inherent in fire fighters should not be Houstonians that seeks to inspire and educate people took more than a century in order to overlooked. These brave people, bound by our children and to respect the former slaves name an African-American citizen as its lead- duty and honor, risk their own health and safe- of Texas who suffered so much. er; however his nomination serves as an indi- ty in order to protect the lives and property of others. This sense of duty was undoubtedly f cation of progress and change. The Department of Justice has championed felt by Mr. Reynolds when he joined the de- HONORING LYDIA ZUIDEMA many successful initiatives including Project partment at the age of 34, and certainly it con- Safe Neighborhoods, Project Safe Childhood, tinued to grow even after being promoted to HON. SAM GRAVES and the Presidents Corporate Fraud Task Lieutenant. Not only has Lieutenant Reynolds served OF MISSOURI Force. Together these initiatives have resulted his community during his career as fire fighter, IN THE HOUSE OF REPRESENTATIVES in increased protection and safety for our na- tion’s children, as well as record convictions he has served his country as a U.S. Marine. Thursday, June 17, 2010 for financial crimes. The Department of Justice The leap from Marine to firefighter is not dif- Mr. GRAVES of Missouri. Madam Speaker, has made a significant impact in the state of ficult to imagine; to be effective in either pro- I proudly pause to recognize Lydia Zuidema of Georgia through the Southeast Regional Fugi- fession requires strength of character of im- Saint Joseph, Missouri. Lydia is active in the tive Force operating out of offices in Atlanta measurable quantities. It is Lieutenant Reyn- community through her work and has been and Macon, Georgia. The SERFTF is recog- olds’s character that led him to his distin- chosen to receive the YWCA Women of Ex- nized nationwide as a leader in fugitive inves- guished career, and it is that character that I cellence Award for Woman in the Workplace. tigations. would like to honor as he enters a well de- Lydia is the superintendent and a teacher at Mr. Speaker, I stand today to applaud the served retirement among his family—his wife St. Joseph Christian School. She instituted the accomplishments of the Department of Justice Elizabeth and two children, Margo E. (Rey- school’s National Institute for Learning Devel- on the occasion of its 140’ anniversary and I nolds) Clark and Bridget J. Reynolds. opment program and has traveled to Afghani- urge my colleagues to do the same. I chal- I know all of my colleagues join me in stan and South Africa to train other teachers. lenge the Department of Justice to continue its thanking Lieutenant Reynolds for his service In Afghanistan, she helped staff and faculty mission of pursuing the administration of jus- to the City of Worcester and its citizens. prepare to receive accreditation; in South Afri- tice for all people in the United States. f ca, she trained early childhood educators. She f HONORING KARLI SAMPLE never wavers from her sense of peace and HONORING PATRICK CREER calm, which comes from her great love for and dedication to the Lord. HON. SAM GRAVES OF MISSOURI Madam Speaker, I proudly ask you to join HON. GEORGE RADANOVICH IN THE HOUSE OF REPRESENTATIVES me in recognizing Lydia Zuidema. She has OF CALIFORNIA made an amazing impact on countless individ- IN THE HOUSE OF REPRESENTATIVES Thursday, June 17, 2010 uals in the St. Joseph Community. I am hon- Thursday, June 17, 2010 Mr. GRAVES of Missouri. Madam Speaker, ored to represent her in the United States Mr. RADANOVICH. Madam Speaker, I rise I proudly pause to recognize Karli Sample of Congress. today to congratulate Patrick Creer upon his Saint Joseph, Missouri. Karli is active in the f retirement from the California Highway Patrol, community through her school and has been chosen to receive the YWCA Women of Ex- HONORING THE DEPARTMENT OF Oakhurst Area Office. Officer Creer will offi- cially retire on June 30, 2010 after 28 years of cellence Future Leader Award. JUSTICE ON ITS 140TH ANNIVER- Karli has held several leadership roles, has SARY service. Officer Creer graduated from Simi Valley been involved in athletics and fine arts pro- grams, is committed to being a volunteer, and SPEECH OF High School in 1972. He served in the United States Air Force from 1976 through 1982. has maintained a weighted GPA of 4.5, rank- HON. HENRY C. ‘‘HANK’’ JOHNSON, JR. After completing his service in the military, Of- ing second in her class. Karli’s honors include OF GEORGIA ficer Creer was appointed to the California being selected homecoming queen, a Drug IN THE HOUSE OF REPRESENTATIVES Highway Patrol academy in 1982. Upon grad- Free Super STAR, a Cotillion for Achievement finalist, a DAR Good Citizen, and a Wendy’s Wednesday, June 16, 2010 uating from the academy, he was assigned to the Santa Cruz Area Office. Heisman state finalist. She won six state engi- Mr. JOHNSON of Georgia. Mr. Speaker, I In 1988 Officer Creer was transferred to the neering competitions and qualified for nation- rise today in support of H. Res 1422, Honoring Fresno Area Office. After serving 6 years in als each year. the Department of Justice on the occasion of Fresno, he was transferred to the Central Divi- Karli’s nominator states, ‘‘Karli Sample has its 140th anniversary. I would also like to com- sion, where he worked in the recruitment unit made the most out of her four high school mend Representative SENSENBRENNER for his for 9 years. In 2003, Officer Creer was trans- years by staying actively and consistently in- commitment to recognizing the department for ferred to the newly opened Oakhurst Area Of- volved in school and community activities. its many accomplishments. fice. . . . Karli’s spirit and positive attitude have in- The Department of Justice officially began Officer Creer has been married to his wife, spired many to follow in the same footsteps, operations on July 1, 1870 and has been re- Vicki, for 34 years. They have 1 son, Matthew. whether it be on the court, in the classroom, sponsible for the enforcement of law and ad- Madam Speaker, I rise today to commend or out in the community.’’ ministration of justice for 140 years. The De- and congratulate Patrick Creer for his tremen- Madam Speaker, I proudly ask you to join partment of Justice was a major advocate and dous service to the State of California upon me in recognizing Karli Sample. She has protector for voting rights in the Southern his retirement from the California Highway Pa- made an amazing impact on countless individ- United States and Georgia during the Civil trol. I invite my colleagues to join me in wish- uals in and beyond the St. Joseph Commu- Rights Era. The Department used its litigators ing Officer Creer many years of continued nity. I am honored to represent her in the to fight racial injustice throughout the Southern success. .

VerDate Mar 15 2010 03:21 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\RECORD10\RECFILES\E17JN0.REC E17JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE June 17, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E1133 HONORING JONATHAN K. PENEY schools in the state, with minorities rep- assets equal or less than $10 billion and ac- resenting over half of the student population. cording to the Federal Deposit Insurance Cor- HON. TOM PRICE Given the diverse nature of the City of Dallas poration (FDIC) call report data for banks in itself, and the increased globalization of most American Samoa, ANZ Amerika Samoa Bank OF GEORGIA industries, the students attending these two (AS Bank), with $132.884 million in total as- IN THE HOUSE OF REPRESENTATIVES schools will have the opportunity not only to sets is a potential candidate. Thursday, June 17, 2010 impact the future of the Dallas area, but on a Based on criteria specified in the legislation, Mr. PRICE of Georgia. Madam Speaker, I worldwide scale as well. With this quality of the AS Bank is eligible to receive up to 5 per- rise in honor of Jonathan K. Peney, a citizen- education, Americans will be able to compete cent of its risk-weighted assets, or about $5 soldier who gave his life June 1, 2010, during for success in this growing global economy. million. Instead of the 7 percent London Inter- combat operations in support of Operation En- This marks the fourth time in five years that bank Offered Rate (LIBOR), AS Bank will pay during Freedom. the School for the Talented and Gifted has a lesser rate of 5 percent, to be reduced fur- ther to 1 percent if AS Bank increases its As a member of the U.S. Army Rangers, been ranked number one in the nation by small business lending by 10 percent or more. Jonathan distinguished himself. After grad- Newsweek. In addition, under Title II of H.R. 5297, the uating from high school, Peney enlisted in No- This honor shows the values of a good edu- American Samoa Government (ASG) is eligi- vember 2005 from his hometown of Marietta, cational environment, as many of the students ble to apply for a grant of no less than $18 Georgia. For more than two years, he served attending these two schools will have opportu- million to create a capital access program for as a combat medic in 1st Battalion, 75th nities to be the future leaders of this country. small businesses in the Territory. As part of Ranger Regiment. He was an expert in ad- This honor will serve as an inspiration to the the grant application, ASG is to submit a pro- vanced medical treatment and selflessly dedi- faculty, staff and students of Townview Mag- posal to the U.S. Treasury for approval that in- cated to the care of others—even at the risk net School to maintain a high level of work. I cludes designs of a loan program and also of his own life. extend my appreciation for the hard work of designate a local agency to administer the Sergeant Peney was born in Ft. Lauderdale, everyone involved in achieving this honor, and program. Florida, on July 1, 1987, but called Georgia lend my support to the future success of Mr. Speaker, as our economy continues to home. He is survived by his wife Kristin E. Townview. slump under the strains of unemployment and Peney of Savannah, Georgia, and his mother Madam Speaker, again, I congratulate the the loss of revenue, this piece of legislation Sue L. Peney of LaGrange, Georgia. students, teachers, principals and parents of will provide much-needed capital investments Madam Speaker, it is with the greatest re- Townview Magnet School for the Talented and to increase lines of credit available to small spect and admiration that I honor Sergeant Gifted and the Magnet School for Science and businesses across the country. Peney’s sacrifice on behalf of our nation Engineering on honor. I am pleased that the Federal programs will today. He is a hero to his countrymen, his f inject critical capital into the economy for small family, and his fellow soldiers. He reminds us SMALL BUSINESS JOBS AND businesses to capitalize on. This legislation that America is blessed to have so many CREDIT ACT OF 2010 will go a long way to open up the flow of credit young men and women willing to stand up and for small businesses that will help create more fight to preserve our precious freedoms. Our SPEECH OF jobs not only across the country but also in thoughts and prayers are with the Peney fam- the territories. ily and all our military families whose selfless HON. ENI F.H. FALEOMAVAEGA I urge my colleagues to pass H.R. 5297. dedication to this nation is an inspiration to us OF AMERICAN SAMOA f all. IN THE HOUSE OF REPRESENTATIVES f Wednesday, June 16, 2010 HONORING KIM ULMER HONORING NEWSWEEK RANKING The House in Committee of the Whole OF THE SCHOOL FOR THE TAL- House on the State of the Union had under HON. SAM GRAVES ENTED AND GIFTED AND THE consideration the bill (H.R. 5297) to create OF MISSOURI SCHOOL FOR SCIENCE AND ENGI- the Small Business Lending Fund Program IN THE HOUSE OF REPRESENTATIVES to direct the Secretary of the Treasury to NEERING AT YVONNE A. EWELL Thursday, June 17, 2010 TOWNVIEW CENTER make capital investments in eligible institu- tions in order to increase the availability of Mr. GRAVES of Missouri. Madam Speaker, credit for small businesses, and for other I proudly pause to recognize Kim Ulmer of HON. EDDIE BERNICE JOHNSON purposes: Saint Joseph, Missouri. Kim is active in the OF TEXAS Mr. FALEOMAVAEGA. Mr. Chair, I rise community through her work and has been IN THE HOUSE OF REPRESENTATIVES today in strong support of H.R. 5297, the chosen to receive the YWCA Women of Ex- Small Business Lending Fund Act of 2010. cellence Award for Woman in Support Serv- Thursday, June 17, 2010 First I want to thank President Barack Obama ices. Ms. EDDIE BERNICE JOHNSON of Texas. for his foresight and recognizing the crucial Kim has been an administrative assistant for Madam Speaker, I would like to congratulate function small businesses serve in our econ- 20 years, working with the St. Joseph Cham- the School for the Talented and Gifted and the omy. I also want to thank Speaker NANCY ber of Commerce for five years. In a respon- School for Science and Engineering at Yvonne PELOSI and the Chairman of the House Finan- sible, efficient way, she has helped her organi- A. Ewell Townview Center for receiving the cial Service Committee, Mr. BARNEY FRANK, zation become recognized as one of the best extraordinary honor of being ranked as the for their leadership on this issue. This piece of in its industry in this nation. She is always number one and number four public schools in legislation embodies a certain commitment to looking for ways to improve the process, the nation by Newsweek. increase access to capital investments by a makes sure projects get done, and works to Each year, Newsweek ranks the top public vital sector of the economy. see that everyone in the office succeeds. This high schools out of a possible 27,000 schools. As a major source of employment, increas- fun-loving team player is known as the ‘‘resi- This year, only the top 6 percent of schools ing lending to small businesses is essential to dent counselor’’ who draws others to her as a made the final list, placing these two schools achieve full economic recovery. Data shows listening ear. She creates a welcoming atmos- in the top four out of the 1,600 schools listed. that small businesses created about two out of phere for both co-workers and volunteers. Kim For 2010 the Magnet School for the Talented every three new jobs across the country and also inspires co-workers as she oversees care and Gifted ranked number one, with the Mag- I am pleased that small businesses in the Ter- for a stepson who was severely injured in an net School for Engineering and Science rank- ritories are eligible for the Federal programs accident. She is married, has three children, ing number four. I am delighted that these two created under H.R. 5297. two stepchildren, and four grandchildren. schools have achieved such a distinction, Under Title I of H.R. 5297, the Secretary of Madam Speaker, I proudly ask you to join placing them among the elite public institutions the Treasury is authorized to establish a $30 me in recognizing Kim Ulmer. She has made in this country. billion Small Business Lending Fund (fund) to an amazing impact on countless individuals in Located in my district of Dallas, Texas, make capital investments in eligible banks. Eli- the St. Joseph Community. I am honored to Townview Magnet is one of the most diverse gibility is limited to community banks with total represent her in the United States Congress.

VerDate Mar 15 2010 03:21 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\RECORD10\RECFILES\E17JN0.REC E17JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE E1134 CONGRESSIONAL RECORD — Extensions of Remarks June 17, 2010 COMMENDING THE ARMY SIGNAL HONORING BOB BURKE HONORING THE DEPARTMENT OF CORPS FOR THEIR SERVICE TO JUSTICE ON ITS 140TH ANNIVER- THE UNITED STATES AS THEY SARY CELEBRATE THEIR 150TH ANNI- HON. LYNN C. WOOLSEY VERSARY OF CALIFORNIA SPEECH OF IN THE HOUSE OF REPRESENTATIVES HON. SHEILA JACKSON LEE OF TEXAS Thursday, June 17, 2010 HON. PAUL C. BROUN IN THE HOUSE OF REPRESENTATIVES OF GEORGIA Ms. WOOLSEY. Madam Speaker, I rise with Wednesday, June 16, 2010 sadness today to honor my friend Bob Burke Ms. JACKSON LEE of Texas. Mr. Speaker, IN THE HOUSE OF REPRESENTATIVES of Forestville, California, who passed away I rise today in strong support of H. Res. 1422, suddenly on June 10, 2010, at his home. Bob Thursday, June 17, 2010 ‘‘Honoring the Department of Justice on the was both a true conservationist as a champion occasion of its 140th anniversary,’’ as intro- Mr. BROUN of Georgia. Madam Speaker, I of the local environment of Sonoma County’s duced by our distinguished colleague from rise today to recognize the Army Signal Corps Russian River Area and a true humanitarian Wisconsin, Representative SENSENBRENNER. as the creator of Bob Burke’s Kids, which of- and join them in the celebration of their 150th Since its establishment in 1870, the Depart- fers support and outings to children with seri- anniversary. Major Albert James Myer, who ment of Justice has taken the lead in enforc- ous health problems. saw the need to create a separate military sig- ing Federal laws, furnishing counsel in Federal nal service, created the Signal Corps on June Born in 1947, Bob remained in his home- cases, and providing interpretations of the 21, 1860. town of Forestville where his parents had laws under which other executive agencies The Signal Corps has a long and storied started a successful business, Burke’s Canoe act. The DOJ’s mission has grown as well, history of providing our Army with the most Trips, a resort on the Russian River. He and meeting challenges that could hardly have advanced technology to ensure victory on the his sister Linda later became co-owners and been envisioned in 1870. It now has seven battlefield. The list of technological achieve- co-operators of the resort, a popular fixture for separate, specialized divisions, covering Anti- ments are unmatched by any other military in tourists and locals in the community. trust, Civil, Civil Rights, Criminal matters, Envi- the world. The Signal Corps first aided our ef- The Burkes understood the key role of the ronment and Natural Resources, National Se- forts in the Spanish-American war where they Russian River not only for the recreation busi- curity, and Tax, as well as agencies including ensured our victory by providing vital sig- ness but also for the health of the whole eco- the Federal Bureau of Investigation, the Bu- naling, telephone and telegraph communica- system. They worked especially closely with reau of Prisons, the United States Marshals tions, combat photography, and balloons for Russian Riverkeeper on fishing and flow Service, the U.S. Central Bureau-International intelligence gathering. Innovations by the Sig- issues. Criminal Police Organization, the Drug En- nal Corps early in the twentieth century lead to Bob was best known for his community vol- forcement Administration, the Bureau of Alco- the creation of the Washington-Alaska Military unteering and charitable work, especially Bob hol, Tobacco, Firearms, and Explosives, and Cable and Telegraph System, the first wireless Burke’s Kids, an organization he established the Office of Justice Programs. communications system in the Western Hemi- in 1974 after meeting a young girl with cancer DOJ’s work is as important now as it ever sphere, the first Army radar system, and the who lamented her lack of playmates and op- has been. It is one of the leading agencies in- tactical FM radio. portunities for fun. Bob knew he could do volved in the protection of our national secu- something to make life better for children with rity; its work has led to the disruption of mul- Their dedication to stay on the forefront of serious illnesses and for their families. tiple terrorist organizations in the last decade communications technology by unceasingly Bob Burke’s Kids grew from an initial Rus- alone. developing advanced systems provided the sian River fishing trip for a small group to a The Department plays a key role in the pro- U.S. with an unparalleled advantage during year-round program of activities and outings tection of our citizens’ intellectual property, World War II. The Signal Corps also assisted from barbecues and outdoor games to bowling helping protect their interest in work they pour the Air Force in launching the first communica- nights and Halloween parties serving hun- their energies into. Since 2004, the Depart- tions satellite, paving the way for world-wide dreds of families. The organization thrived as ment of Justice has led the 2 largest multi- communications, and they continued to play a much on Bob’s love as on the money it raised national law enforcement efforts ever directed pertinent role to U.S. efforts during Vietnam from a supportive community and local organi- at online piracy, involving simultaneous efforts where they deployed a troposphereic-scatter zations. in 12 countries, more than 200 searches and radio as well as the SYNCOM satellite com- arrests in more than 30 States, more than Bob also personally knew the families and munications service. This drastically improved $100,000,000 in seized pirated works, and a frequently visited the children when they were the speed and viability of communications in total of 112 felony convictions to date. combat zones. in the hospital. ‘‘He gave so much love,’’ his DOJ’s Antitrust Division is responsible for sister Linda says. ‘‘He was the best brother Today we honor the Army Signal Corps by protecting consumer interests from anti-com- anyone could ever have.’’ petitive practices in all sectors of the econ- recognizing their irreplaceable contributions to Don McEnhill, Executive Director for Rus- the United States Army. The results of their in- omy. As industries move further and further to- sian Riverkeeper says of him: ‘‘Bob Burke al- wards consolidation—in printing, in broad- novative developments are evident in the pre- ways had a funny story or a joke to tell to mier fighting force that protects us and our casting, in the airline industry, and throughout cheer me up after a contentious hearing or our economy—DOJ has the responsibility to freedoms. In fact, it is the innovations by the meeting, but it was the kids who faced cancer Signal Corps that provided a foundation for make sure that actions taken in the name of or other ailments that he always saved his efficiency don’t lead to the dangers of monop- subsequent communication technologies have best cheer for and devoted his life to. Bob been built. The importance of this transcends oly. spent his entire life on the Russian River and Through its Office of Justice Programs, DOJ the military into the private sector by reducing clearly understood the recreational value of has partnered with state and local law en- both the time and cost of global communica- the Russian River to families who could not af- forcement agencies to provide guidance and tions. ford to go on vacation. Bob always supported funding for important initiatives. Violent Crime The Army Signal Corps, who are our efforts to keep the River clean and healthy Impact Teams have arrested more than headquartered in my district at Fort Gordon, so it was available as the community pool for 14,100 gang members, drug dealers, felons in trains more military service members than any the less fortunate. His passing has left a hole possession of firearms, and other violent crimi- other training center in the U.S. Army. I am in our community and the Russian River, and nals, including more than 2,800 identified as honored to recognize their service to the we will all miss him.’’ the ‘worst of the worst’ criminals. Operation American people. They have not only im- Madam Speaker, I have attended some of FALCON (Federal and Local Cops Organized proved the lives of service members, but also Bob Burke’s Kids events and seen the warmth Nationally) is a series of nationwide fugitive the citizens our servicemen and women are and passion that animated the charitable fund- apprehension operations coordinated by the sworn to protect. I urge my colleagues to join raisers as much as the family outings. Losing Department of Justice, and has resulted in the me in honoring the Army Signal Corps for their Bob has indeed left a hole in our community, collective capture of more than 55,896 dan- irreplaceable role to the United States Army one that we can fill by remembering Bob’s leg- gerous fugitive felons since its inception in over the last 150 years. acy and carrying on his work. 2005.

VerDate Mar 15 2010 03:21 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\RECORD10\RECFILES\E17JN0.REC E17JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE June 17, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E1135 For almost a century and a half, the Depart- and perspective, to the benefit of everyone teaching music, this time at Jeffersonville Jun- ment of Justice has been a critically important around him. ior High in 1959, and retired from Parkview El- part of the Federal government, and it has an Chief Wallulatum was an expert in Tribal ementary in 1967. Following retirement, equally important role to play in the next dec- government and the Constitution, and a schol- Frances and her husband moved to Wash- ades. I join Representative SENSENBRENNER in ar of the 1855 Treaty in which the Wasco and ington, DC, where Elmer accepted a position honoring the Department on its 140th anniver- Warm Springs Tribes ceded most of their in the Johnson administration, and eventually sary, and urge my colleagues to do so as well. lands to the United States. He served in the returned to Jeffersonville in 1990. f U.S. Navy from November 1943 to June 1945. From brushing shoulders with John F. Ken- He was also founder of the Museum at Warm nedy to giving tours of the Capitol to visiting HONORING GRACE DAY Springs and educated younger tribal members Hoosiers, participating in bridge clubs to being in ceremonial customs and prayers. As an ad- actively involved in St. Augustine’s Church, HON. SAM GRAVES vocate of returning the sacred condor to Or- Frances Cory Hoehn’s life was full of unique OF MISSOURI egon, Chief Wallulatum named the first chick experiences and giving back to the commu- IN THE HOUSE OF REPRESENTATIVES born in the Oregon Zoo’s condor recovery pro- nity. The impact she has had on the countless Thursday, June 17, 2010 gram. lives she has touched is undeniable and her Chief Wallulatum, defended Tribal sov- contributions will not be forgotten. Her legacy Mr. GRAVES of Missouri. Madam Speaker, ereignty, fishing rights and way of life, and in- will continue not only through her life’s I proudly pause to recognize Grace Day of spired the next generation of tribal leadership achievements but through her family as well. Saint Joseph, Missouri. Grace is active in the and stewardship. His legacy is written in the We honor the life of Frances Cory Hoehn to community through her work as an attorney land, water, and people that he loved. recognize her outstanding citizenship and last- and has been chosen to receive the YWCA f ing presence in Southern Indiana, and our Women of Excellence Lifetime Achievement condolences go out to her family. Award for Woman in the Workplace. PERSONAL EXPLANATION Grace graduated from the University of f South Dakota Law School in 1949. As the only HON. JIM MARSHALL RECOGNIZING CONTRIBUTIONS OF female in her class, Grace constantly had to OF GEORGIA FATHERS work harder than her male peers to earn the IN THE HOUSE OF REPRESENTATIVES same level of respect, which was accom- SPEECH OF plished by graduating third in her class. She Thursday, June 17, 2010 was admitted to practice law in South Dakota Mr. MARSHALL. Madam Speaker, although HON. HENRY C. ‘‘HANK’’ JOHNSON JR. in 1949 and in Missouri in 1950. In 1963 she my vote was not recorded by the electronic OF GEORGIA was admitted to practice law before the United voting system, I intended to vote for H.R. IN THE HOUSE OF REPRESENTATIVES States Supreme Court. 5072, the FHA Reform Act of 2010. Tuesday, June 15, 2010 A pioneer for women in the profession of f law, Grace opened her own practice in 1950, Mr. JOHNSON of Georgia. Mr. Speaker, I where she practiced solo until 1996. Grace HONORING THE LIFE AND rise today to express my support for H. Res. was president of the Association of Women ACHIEVEMENTS OF FRANCES 1389, which recognizes the importance of fa- Lawyers, and in 1960–62 she served as Spe- CORY HOEHN thers to the development of children, support cial Assistant Attorney General for the State of responsible fatherhood, and encourage fathers Missouri. In 1972, she was the first woman HON. BARON P. HILL to be involved in the lives of their children. This Father’s Day, we should all con- president to be elected to the St. Joseph Bar OF INDIANA template the great value of conscientious fa- Association. Grace served as International IN THE HOUSE OF REPRESENTATIVES therhood. Healthy relationships with their fa- President of B’nai B’rith Women from 1980– Thursday, June 17, 2010 82, traveling the world. In 2005, Grace was thers help children to grow into confident, suc- awarded the alumni Achievement Award from Mr. HILL. Madam Speaker, on the morning cessful adults. Thus, the actions of each of the University of South Dakota. In addition, of Monday, June 14, 2010, Frances Cory America’s millions of fathers have a direct im- she has held numerous leadership roles, re- Hoehn passed away at her home in Jefferson- pact on the future of our nation. mained active on foundations, boards, and ville. She was 100 years old. An avid musi- Aside from all of the intangible benefits to committees, and has assisted with several cian, teacher, and active member of her com- children of strong connections with their fa- fund drives. munity, Frances’ influence and contributions thers or father figures, there is also significant Madam Speaker, I proudly ask you to join can be felt and seen throughout Jeffersonville evidence that shows the much-improved likeli- me in recognizing Grace Day. Her achieve- and Southern Indiana as a whole. hood of success in school and society of ments and selfless acts of service have im- Frances Cory was born on November 12, those children whose fathers actively support pacted countless individuals in and beyond the 1909, in Kingman, Indiana, and her love for them and provide a positive example for them. St. Joseph Community. I am honored to rep- music and natural talent were apparent at a I want to read a quote from author Kent resent her in the United States Congress. very young age. She and her parents moved Nerburn, who wrote that there is a certain ‘‘sense of honor that makes a man want to be f to Jeffersonville in 1925 and she graduated from Jeffersonville High School in 1927. From more than he is and to pass something good HONORING WASCO TRIBAL CHIEF there, Frances continued on to the Louisville and hopeful into the hands of his son.’’ I en- NELSON WALLULATUM Conservatory of Music and later DePauw Uni- courage all American fathers to take this versity, where she graduated with a Bachelor charge into their hearts, on this Father’s Day HON. EARL BLUMENAUER of Public School Music degree in 1931. and every day. I urge my colleagues to support this impor- OF OREGON Following her graduation, Frances continued tant resolution. IN THE HOUSE OF REPRESENTATIVES pursuing her passion for music and accepted a teaching position for six Jeffersonville ele- f Thursday, June 17, 2010 mentary schools. During the Depression, she Mr. BLUMENAUER. Madam Speaker, I rise also helped her father in his automobile busi- HONORING JUDY TROUT today to honor the life of Nelson Wallulatum, ness and worked as a social worker in Evans- chief of the Wasco Indians, who died on Sun- ville. Soon after the flood of 1937, she accept- HON. SAM GRAVES day, June 13, 2010 at age 84. His tenure on ed the choral teaching position at Jefferson- OF MISSOURI the Warm Springs Tribal Council lasted 50 ville High School, where she met her husband, IN THE HOUSE OF REPRESENTATIVES years, during which he oversaw many major Elmer Hoehn. tribal undertakings including the construction Throughout the next twenty years, Frances Thursday, June 17, 2010 of a key hydro project, fishing rights litigation, was actively involved in the lives of her chil- Mr. GRAVES of Missouri. Madam Speaker, and habitat restoration. His knowledge of the dren as well as other activities. From Girl I proudly pause to recognize Judy Trout of tribal way of life earned him the respect and Scout leader to piano accompanist, there was Saint Joseph, Missouri. Judy is active in the honor of all who knew him. I found repeatedly no role Frances wasn’t up to fulfilling. As her community through her generous acts of serv- that his presence at a meeting added dignity children got older, Frances went back to ice and has been chosen to receive the

VerDate Mar 15 2010 03:21 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\RECORD10\RECFILES\E17JN0.REC E17JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE E1136 CONGRESSIONAL RECORD — Extensions of Remarks June 17, 2010 YWCA Women of Excellence Lifetime RECOGNITION OF THE NATIONAL Mr. Charles Segal, a dedicated public servant Achievement Award for Woman in Vol- ASSOCIATION OF CLEAN WATER who has made immeasurable contributions to unteerism. AGENCIES (NACWA) ON THE OC- forging close ties with America’s most impor- Judy has been a licensed dental hygienist CASION OF ITS 40TH ANNIVER- tant ally in the Middle East, the State of Israel. for more than 50 years, 49 of them served in SARY Throughout Mr. Segal’s years of service, he the St. Joseph community. Judy started out in has dedicated himself to protecting the human private practice, but later moved to the Social HON. JAMES L. OBERSTAR rights of Soviet Jewry and the critically impor- Welfare Board where she served some of St. OF MINNESOTA tant mission of exposing Nazi war criminals Joseph’s poorest citizens. In 1963 she worked IN THE HOUSE OF REPRESENTATIVES who escaped justice. His work has earned him tirelessly to advocate adding fluoride to the Thursday, June 17, 2010 the deep appreciation not only of strong sup- porters of the U.S.-Israeli friendship, but also drinking water to establish healthy teeth for Mr. OBERSTAR. Madam Speaker, I wish to babies and children. Her most recent contribu- of the State of Israel. I am proud to recognize take this opportunity to congratulate the Na- Mr. Segal and submit a letter from the Israeli tion was the establishment of a dental hygiene tional Association of Clean Water Agencies program at Hillyard Technical School, for Consul General, honoring his exemplary work (NACWA) on the occasion of its 40th anniver- on behalf of Israel. which she was recognized by the State Dental sary. NACWA is a dynamic national organiza- Association. tion involved in all facets of water quality pro- CONSULATE GENERAL, OF ISRAEL IN NEW YORK, In addition to her efforts as a hygienist, Judy tection. As a key stakeholder in the legislative, May 5, 2010. has maintained an extensive presence in the regulatory, and legal arenas, NACWA has built DEAR MR. SEGAL, I recently learned from community. She has served on the admissions credible collaborative relationships with mem- Rabbi Paul Silton of your longstanding com- committee of United Way, chairing it for two bers of Congress, the Environmental Protec- mitment and service to the State of Israel years. She has been involved with Girl Scout tion Agency, the federal courts, and other gov- and therefore it is my pleasure to extend troops, PTA, Student Exchange Program, Cub ernmental entities. these heartfelt wishes of mazal tov to you. Scout den mother, volunteer for Each One The emergence of NACWA as a nationally- As the State of Israel celebrates its 62 an- niversary, you have had the privilege of Teach One, Meals on Wheels and with Mis- recognized leader in environmental policy and a technical resource on water quality and eco- watching our small State take root, grow, souri Western State University Ambassadors. and blossom before your very eyes. While She has also taken on leadership roles with system protection issues has paralleled one of the nation’s most successful environmental some easily dismissed its hidden potential St. Joseph Junior League, InterServ, PEO, and true value, you took every opportunity and Ladies Union Benevolent Association. laws—the Clean Water Act. NACWA was es- available to fight for its existence, knowing tablished in 1970 by a group of individuals Madam Speaker, I proudly ask you to join that the Jewish people had earned the right representing twenty-two large municipal sew- to return to their homeland. me in recognizing Judy Trout. Her achieve- erage agencies in order to secure federal As a foreign correspondent, you used the ments and selfless acts of service have im- funding for municipal wastewater treatment power of your words to mobilize the Amer- pacted countless individuals in and beyond the and to serve as a forum for discussing the ican and Canadian communities in support of St. Joseph Community. I am honored to rep- best methods for improving the quality of our Israel as we struggled to become a free and resent her in the United States Congress. nation’s waters. democratic state. You served the Jewish peo- Over the past forty years, NACWA has ex- ple by fighting for our rights in Washington, f panded its member base and issue platform. DC and representing our goals and aspira- tions to President Truman. You used your It has changed its name, replacing the word HONORING MAYOR GERARD C. political clout and influence to establish ties ‘‘sewerage’’ with ‘‘clean water’’ to better reflect and build a solid friendship between America MOREAU, JR. the end-product of its members’ treatment and the State of Israel. Your important work services—clean water. The organization also to expose Nazi war criminals and to protect partners with diverse stakeholders while al- the rights of Soviet Jewry depicts the true HON. RODNEY ALEXANDER ways advocating for sound science in advanc- character of a man who has always put the OF LOUISIANA ing water quality protection. Today, as a lead- wellbeing of others at the forefront of his ing clean water association, NACWA rep- agenda. The foundation you built has lasted IN THE HOUSE OF REPRESENTATIVES resents nearly 300 member organizations. for decades, and we are so grateful for all you have done. Thursday, June 17, 2010 Recent years have reflected heightened in- volvement for the association in a broadening On behalf of the State of Israel, I thank Mr. ALEXANDER. Madam Speaker, I rise you for all of your efforts. I have no doubt array of complex 21st-century water quality that even after all these years of service we today to honor Mayor Gerard C. Moreau, Jr., issues including: green infrastructure, climate will be privileged to see many more incred- for his many years of service and dedication change, watershed-based approaches, and ible things from you. to the Bunkie, La. community. clean water funding and financing. Over the Sincerely, A man of many dimensions, Moreau’s ca- past 40 years, I have observed an organiza- ASAF SHARIV, reer includes 30 years in the banking business tion that is successfully working towards the Consul General. as well as a volunteer fireman. Over the past goals that its founders established. NACWA f few decades, he has been heavily involved in continues to pursue every opportunity to de- citizenship activities and community organiza- velop and implement sound water quality poli- HONORING KATHLEEN GARABED tions. Among his many civic accomplishments, cies that advance clean water and promote a Moreau was elected to the Bunkie City Coun- healthy environment. HON. GEORGE RADANOVICH I extend my congratulations to NACWA on cil in 1990, where he served until October of OF CALIFORNIA the occasion of its 40th anniversary. During 1999. That same year, Moreau was elected IN THE HOUSE OF REPRESENTATIVES this time, NACWA’s strategic input has been a mayor of the City of Bunkie, and he continues Thursday, June 17, 2010 to serve in this capacity today. valuable resource to me and the Transpor- tation and Infrastructure Committee and un- Mr. RADANOVICH. Madam Speaker, I rise Additionally, Moreau was the past president doubtedly will continue to be as we shape the today to congratulate Kathleen Garabed upon and member of the Bunkie Chamber of Com- course of environmental protection for our na- her retirement as the founder and Executive merce and the Bunkie Lions Club. He is cur- tion’s waters. Director of Stone Soup in Fresno, California rently the senior vice president of Sabine f after almost twenty years of dedicated service. State Bank in Bunkie. Ms. Garabed will be honored on Saturday, Beyond his professional career, Moreau is CELEBRATING THE WORK OF MR. CHARLES SEGAL June 19, 2010. the devoted husband of Carla. They are the In 1992, Ms. Garabed was working as a re- proud parents of three beautiful daughters and settlement officer for Church World Service; two lovely grandchildren. HON. GARY L. ACKERMAN the office was located in a foursquare block of OF NEW YORK Madam Speaker, I ask my colleagues to join Fresno that was notorious for high crime. One IN THE HOUSE OF REPRESENTATIVES me in recognizing Mayor Gerard C, Moreau, day, an eight year old Cambodian boy visited Jr., a truly faithful public servant. His commit- Thursday, June 17, 2010 Wesley United Methodist Church where her ment, compassion and leadership warrant this Mr. ACKERMAN. Madam Speaker, I rise office was located and placed a pistol on her laudable recognition. today in recognition of the accomplishments of desk. He told her he was supposed to shoot

VerDate Mar 15 2010 03:21 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\RECORD10\RECFILES\E17JN0.REC E17JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE June 17, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E1137 someone to join a gang; he had come to her tain and head of the OB GYN medical division HONORING THE NAACP ON ITS in search of help and hope. Ms. Garabed im- at Robins Air Force Base in Georgia. He also 101ST ANNIVERSARY mediately jumped into action with faith and a worked as the Assistant Hospital Adminis- vision for the community. Without a building, trator. SPEECH OF program or money, she started a summer pro- In 1960, Michel returned to his hometown to gram for children on the church lawn. practice medicine at Marksville Hospital where HON. SHEILA JACKSON LEE Ms. Garabed worked tirelessly and contin- he continues to work today. OF TEXAS ued to knock on doors that remained closed IN THE HOUSE OF REPRESENTATIVES for many years. She was determined to gain For nearly three decades, Michel has been support and cultivate good will for this young a businessman, politician, cattleman, and the Wednesday, June 16, 2010 Marksville Mayor. He is credited with turning boy and many others like him. She found a Ms. JACKSON LEE of Texas. Mr. Speaker, Marksville from a town to a city by his notable few volunteers that were willing to share their I rise in support of H. Con. Res. 242, to honor undertakings. He was instrumental in encour- time, skills and talent to replace their violent and praise the National Association for the Ad- aging the expansion of the Super Wal-Mart activities with role models and productive pro- vancement of Colored People on its 101st An- and assisting the Tunica-Biloxi Tribe in estab- grams. Over the years, the original summer niversary. The NAACP was founded in New lishing the Paragon Casino. In addition, the program grew into Stone Soup Fresno, a York City on February 12, 1909, because of Marksville City Hall, Police Station, Fire Sta- multi-million dollar community center, offering America’s pressing need for a large, coordi- tion, City Courtroom and Marksville Water health services, education, cultural preserva- nated civil rights organization. Today, the System buildings were constructed under his tion and leadership development. NAACP holds true to its initial values. leadership as mayor. Stone Soup Fresno, under Ms. Garabed’s The objectives of the NAACP are: leadership, has impacted a number of lives. Among his impressive list of endeavors, To ensure the political, educational, social, The literacy rate of almost one thousand chil- Michel served as a charter member of the and economic equality of all citizens; dren served by the organization has shown American Academy of Family Practice, board dramatic improvement, based on pre-post test member of the Council on Aging, Cottonport To achieve equality of rights and eliminate scores from standardized tests. More than one Bank, Airport Authority and Marksville Cham- race prejudice among the citizens of the hundred and twenty young leaders from the ber of Commerce. In addition, he was the first United States; neighborhood have graduated from the Stone president of the Avoyelles Mayor’s Association To remove all barriers of racial discrimina- Soup’s leadership program, increasing leader- and the first chief of staff at Avoyelles Hos- tion through democratic processes; ship in the community. There are two hundred pital. To seek enactment and enforcement of fed- eral, state, and local laws securing civil rights; new Hmong refugee families in the process of Beyond his professional career, Michel and becoming new Americans who have partici- his wife have two daughters, Margaret Suzone To inform the public of the adverse effects pated in civic activities through Stone Soup. Alfred and Donna Renee Lemoine, two grand- of racial discrimination and to seek its elimi- Ms. Garabed also helps to empower young daughters, one grandson and one great- nation; and Hmong women to become advocates in their granddaughter. To educate persons as to their constitutional community. rights and to take all lawful action to secure Madam Speaker, I ask my colleagues to join Since the conception of Stone Soup Fresno, the exercise thereof, and to take any other me in honoring Mayor Richard Roy Michel. His Ms. Garabed has been recognized for the ex- lawful action in furtherance of these objec- unwavering commitment and compassionate emplary work she does. The organization has tives, consistent with the NAACP’s Articles of service to the Marksville community deserve received the ‘‘Presidential Points of Light Incorporation and this Constitution. our gratitude. Award’’, ‘‘Distinguished Public Service Award’’ For 101 years the NAACP has remained from Delta Gamma Chi State chapter, the committed to ensuring the political, edu- f Fresno Police Department’s ‘‘Outstanding Cit- cational, social and economic equality of all izen Award’’, ‘‘Temple Beth Israel Social Ac- persons and to eliminate racial hatred and ra- tion Award’’, ‘‘Spirit Award’’ from the Volunteer RECOGNIZING THE 150TH ANNIVER- SARY OF THE VILLAGE OF ODIN cial discrimination. The organization was origi- Bureau, and ‘‘Leadership Award’’ from the nally founded out of the dire need for civil Central California Forum on Refugee Affairs. rights among African Americans in the United HUD has recognized Stone Soup’s steward- HON. JOHN SHIMKUS States. Today however, the NAACP is deter- ship as a ‘‘Best Practice’’ in developing the mined to advance the cause of civil rights not community center. OF ILLINOIS only for African Americans, but for all Amer- Madam Speaker, I rise today to commend IN THE HOUSE OF REPRESENTATIVES ican people, regardless of color. and congratulate Kathleen Garabed upon her The NAACP has aided in achieving the pas- dedicated service to, and retirement from, Thursday, June 17, 2010 sage of several important pieces of legislation Stone Soup Fresno. I invite my colleagues to Mr. SHIMKUS. Madam Speaker, today I rise throughout their 101-year existence. These in- join me in wishing Ms. Garbed many years of clude the Civil Rights Act, the Voting Rights continued success. to recognize the village of Odin, Illinois, as they celebrate their 150th anniversary. Act of 1965, and the Fair Housing Act. The f NAACP has also influenced several The village was founded in 1860 near the groundbreaking legal cases that have ad- COMMENDING MAYOR RICHARD construction of the Atlantic, Mississippi and ROY MICHEL vanced the causes of civil rights in our nation, Ohio Railroad and the Illinois Central Railroad such as the 1954 Brown v. Board of Education by Thomas Deadmond, Silas Barr, Samuel case. The NCAAP has and continues to serve HON. RODNEY ALEXANDER McClelland, James Adams, Thomas Pigg and as a beacon to those who want to make a dif- OF LOUISIANA John Hill. The strong character, respect and ference. They have proven that progress can IN THE HOUSE OF REPRESENTATIVES honesty possessed by these founding fathers be made in the face of oppression through Thursday, June 17, 2010 are traits still held by Odin’s citizens today. non-violence and political action. Mr. ALEXANDER. Madam Speaker, it is The village of Odin has made a significant The NAACP claims over 360,000 members with great pride that I rise today to commend impact in the history of Illinois, despite its and it continues to grow. Heading into its sec- Mayor Richard Roy Michel, who has devoted small size. This thriving mining community has ond century of service, the NAACP is focused over 28 years to serving Marksville, La. supplied coal that powers the state of Illinois on disparities in economics, health care, edu- Michel was Marksville High School’s val- and specifically University of Illinois at Urbana- cation, voter empowerment and the criminal edictorian in 1950. He received his B.S. de- Champaign. It has also produced teachers, justice system as is also continues its role as gree in 1953 from Louisiana State University doctors, attorneys and leaders benefiting both a legal advocate for civil rights issues. (LSU) of Baton Rouge, and continued his edu- the village and the state. The organization remains just as committed cation at LSU Medical School in New Orleans I would like to congratulate the village of today to continuing the fight for political, so- graduating in 1957. Odin and all of its citizens as they mark 150 cial, educational and racial equality as it was After marrying the former Margaret Bennett years of accomplishments and wish them con- over a century ago when it was first con- in 1956, Michel served his country in the U.S. tinued success and prosperity in the years to ceived. For this reason that I rise in support of Air Force from 1958 to 1960. He was a cap- come. H. Con. Res. 242.

VerDate Mar 15 2010 03:21 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\RECORD10\RECFILES\E17JN0.REC E17JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE E1138 CONGRESSIONAL RECORD — Extensions of Remarks June 17, 2010 HONORING JOEL L. DERETCHIN HONORING THE LIFE OF STEWART RECOGNIZING THE MT. VERNON WINSTEIN ROTARY FOR 90 YEARS OF SERV- HON. KEVIN BRADY ICE OF TEXAS IN THE HOUSE OF REPRESENTATIVES HON. PHIL HARE HON. JOHN SHIMKUS OF ILLINOIS Thursday, June 17, 2010 OF ILLINOIS IN THE HOUSE OF REPRESENTATIVES Mr. BRADY of Texas. Madam Speaker, I IN THE HOUSE OF REPRESENTATIVES Thursday, June 17, 2010 rise today to honor Mr. Joel L. Deretchin, a great community leader and a dear friend. Mr. Thursday, June 17, 2010 Mr. SHIMKUS. Madam Speaker, today I rise Deretchin has held numerous leadership roles to honor the 90th anniversary of an important Mr. HARE. Madam Speaker, I rise today in throughout the community in The Woodlands, community service organization in Mt. Vernon, Texas. Throughout his distinguished career, sorrow at the news of the death of Stewart Illinois. Mr. Deretchin has served several executive Winstein, from Rock Island, Illinois in my Con- The Mt. Vernon Rotary Club was founded in positions with many respected organizations in gressional District. 1920 and has grown into a vital element of the the Woodlands area. He held leadership posi- Stewart was one of the most respected and community. For the past 90 years, the Mt. Vernon Rotary Club, like Rotary clubs all tions at The Woodlands Development Com- admired leaders in my community and built a pany, served as a board member of The across our nation, has brought together local strong reputation for local activism, public business leaders in a friendly, casual setting, Woodlands Community Association, and service and the belief that politics could be a served as President and sitting board member where they discuss ways to band together and driving force for positive change in the lives of of both the Woodlands Association and the serve the community. I applaud the willingness Woodlands Commercial Owners Association. everyday Americans. It is a legacy that will be of these Rotarians to step forward and serve Mr. Deretchin has strived to keep the com- sorely missed in Rock Island, the city that their community. munity focused on improving education in The Stewart loved and called home. At the 90th anniversary celebration, this year’s Rotary Club President Dan Boehmer Woodlands by supporting and establishing As a child of the Great Depression, Stewart summed up the spirit of the Rotary Club when The University Center, The John Cooper and his family faced great poverty. It was a School and the Academy for Lifelong Learning he told the Mt. Vernon Register-News, powerful influence on him and I am sure in- ‘‘There’s such a rich history of people who at Montgomery College—all which have given formed much of his success as an attorney valuable opportunities to students in and have done so many things in the community and a founding force of the Rock Island around The Woodlands community. The Con- for the sake of service itself. When you get roe Independent School District has recog- Democratic Party. people together who know how to get things nized and honored Mr. Deretchin’s achieve- As one of the greatest advocates for work- done, you get a lot done in the community.’’ ments by naming one of their elementary ing men and women that I knew, I think his I want to congratulate Mr. Boehmer and all the members of the Mt. Vernon Rotary Club, schools in his honor, the Joel L. Deretchin K– legacy will be that he wanted to make sure 6 Elementary School. past and present, on celebrating their 90th an- that other families didn’t have to face the eco- niversary, and to join with the other Members As you can see, he has truly impacted innu- nomic hardships that he knew too well. And as merable lives in The Woodlands community. of this House in wishing them continued suc- many in the Quad Cities can attest, whether it His servant leadership on the Interfaith of the cess for another 90 years and beyond. Woodlands Board and the South Montgomery was working people or the vast number of cli- f ents he represented through his law firm, it is County/Woodlands Chamber of Commerce HONORING GARY RAFFIA Board are clearly evident as he continuously a legacy of great success. volunteers his time and lends a hand to orga- Stewart put much of his energy and drive HON. JOE COURTNEY nizations and non-profits. into the legal practice he built. He started OF CONNECTICUT For his countless service efforts, Mr. practicing law in 1938 and established an IN THE HOUSE OF REPRESENTATIVES Deretchin was awarded ‘‘Citizen of the Year’’ early reputation as a formidable attorney. In by the South Montgomery County/Woodlands Thursday, June 17, 2010 1960, he founded the firm of Winstein, Chamber of Commerce in 1990. He was also Mr. COURTNEY. Madam Speaker, I rise Kavensky and Wallace with his two partners. honored in 1999 as a ‘‘Hometown Hero’’ dur- today to honor a man whose generosity and ing the Woodlands 25th Anniversary Celebra- The firm thrived and grew through his drive service to his community made this past Me- tion. While these awards and honors are sig- and dedication. morial Day an unforgettable one. Gary Raffia nificant, nothing can truly commemorate the Stewart was dedicated not only to the long- of Enfield designed and built a spectacular extent of service Mr. Deretchin has provided term growth of the Quad Cities but also to his float for the town’s Memorial Day Parade— for his community. His leadership and commit- mission of public service. His title and posi- one which served as a powerful tribute to our ment to The Woodlands is selfless and some- tions in the community and local government state’s fallen heroes during the wars in Iraq thing that merits applauding. were numerous, including his long-time serv- and Afghanistan. Gary’s star-shaped float was His compassionate heart as well as his de- draped in a banner displaying the name and ice as chairman of the Quad City International sire to help others has continued to drive him picture of every Connecticut soldier who paid to remain active throughout the community— Airport Authority, his stint as President of the the ultimate price for their nation since 2001. he never expected to be honored with these Rock Island County Welfare Information and The perimeter of the float was decorated with awards, but boy is he deserving! Wanting Referral Services, and his role as the public American flags. nothing in return, Mr. Deretchin committed administrator, public guardian and conservator Along with everyone present at Enfield’s over 33 years to The Woodlands community for Rock Island County from 1974 to 1978. Memorial Day Parade, I was truly moved by and has watched it flourish and grow. I know The people he has inspired to pursue public Gary’s tremendous act of citizenship. Not only Mr. Deretchin is proud to have been so heav- did he design and build this float, but he paid service in West Central Illinois and throughout ily involved in the community development of for the entire project. Gary is a local farmer by The Woodlands, but I also know The Wood- our state are almost too numerous to count, trade and the son of a World War II veteran. lands is proud to say he is one of our resi- but all of them can testify that he was an in- It was his friend Teddy, also a veteran, and dents. The Woodlands has more than bene- spiration and a mentor as they have pursued many others in the community that compelled fited from his leadership, knowledge and phil- their callings. Stewart had a huge impact on Gary to build this float. His tribute to Connecti- anthropic focus. my life and my career of public service. He cut’s fallen soldiers was a selfless act that em- Madam Speaker, it is such an honor to rec- was a valuable teacher who led by example bodies the support and gratitude our troops ognize Joel Deretchin as a significant part of and I learned by witnessing the contributions deserve on Memorial Day and throughout the The Woodlands’ community and pay tribute to he made to the Democratic Party, numerous year. By creating this float and including it in his contributions to the people of The Wood- charities, and local government. Above all, I the parade, Gary honored equally those sol- lands as he retires, however there is no doubt was proud to call him my friend. My thoughts diers who were fortunate enough to come in my mind that he will continue be heavily in- home and those who were not. go out to Stewart’s family, especially his be- volved! I urge you to join me in recognizing Gary is a man with a history of making his Mr. Deretchin and his achievements. loved son Arthur. visions become a reality—much to the benefit

VerDate Mar 15 2010 03:21 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\RECORD10\RECFILES\E17JN0.REC E17JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE June 17, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E1139 of those around him. Once before, he built a THE RETIREMENT OF RONALD T.Y. celebrate the career of C.J. Moon on June 23, shed with an opening where people in the MOON, CHIEF JUSTICE OF THE 2010. community could come to drop off cans and HAWAII STATE SUPREME COURT C.J. Moon has joked that he is ‘‘looking for- bottles. All the money redeemed from the ward to joining [his] fellow retired judges and cans and bottles was donated to a local med- HON. MAZIE K. HIRONO other judiciary employees at [his] neighbor- ical facility for children with cancer. Gary is OF HAWAII hood McDonald’s.’’ It will be a retirement that quick to acknowledge his loyal friends who IN THE HOUSE OF REPRESENTATIVES has been well-earned. helped him with these projects and I too want Mahalo nui loa (thank you very much), C.J. Thursday, June 17, 2010 to thank them for their hard work. Moon, for your many years of admirable stew- I ask my colleagues to join me in honoring Ms. HIRONO. Madam Speaker, I rise today ardship of our system of courts and laws. I Gary and his friends as well as congratulating to congratulate Hawaii Supreme Court Chief would also like to thank C.J. Moon’s wife Stel- them for their service to the community. Justice Ronald T.Y. Moon on his retirement. I la and his family for sharing C.J. with us. know that I am not alone regretting that, due f f to Hawaii State law, he must retire from serv- ice on his 70th birthday this September. He RECOGNIZING THE METRO-EAST SMALL BUSINESS JOBS AND will be missed. LUTHERAN HIGH SCHOOL DANCE CREDIT ACT OF 2010 C.J. Moon, as he is affectionately known, TEAM has served as Chief Justice of the Hawaii Su- SPEECH OF preme Court for seventeen years. C.J. Moon HON. JOHN SHIMKUS HON. BOB ETHERIDGE also has the distinction of being the first Ko- OF ILLINOIS rean-American to become Chief Justice of any IN THE HOUSE OF REPRESENTATIVES OF NORTH CAROLINA Supreme Court in the United States of Amer- IN THE HOUSE OF REPRESENTATIVES Thursday, June 17, 2010 ica. Wednesday, June 16, 2010 As his time on the Hawaii Supreme Court Mr. SHIMKUS. Madam Speaker, I rise today bench comes to a close, it was interesting to to honor the state champion dance team from The House in Committee of the Whole Metro-East Lutheran High School in House on the State of the Union had under learn that it was almost a fluke that C.J. Moon went into the field of law at all. He attended Edwardsville, Illinois. consideration the bill (H.R. 5297) to create Just three one-hundreths of a point sepa- the Small Business Lending Fund Program three different high schools in Hawaii and, ap- rated the Dancer Knights from a clean sweep to direct the Secretary of the Treasury to parently, took little interest in his studies. This at state. They captured state championship make capital investments in eligible institu- attitude changed during his years at Coe Col- honors in Class A Jazz and Class A Pom tions in order to increase the availability of lege in Cedar Rapids, Iowa. It was there that credit for small businesses, and for other Dance, and narrowly missed the title in Lyrical. he met a cousin who was attending law purposes: These were just the latest titles in the distin- school. Meeting this cousin, combined with guished history of the Dancer Knights, who Mr. ETHERIDGE. Mr. Chair, I rise in support Ron’s experiences of racial discrimination, also won state championships in 2005, 2008 of H.R. 5297, the Small Business Jobs and piqued his interest in the law. and 2009. Credit Act. Small businesses form the back- He received a Bachelor of Science degree I want to join with the other Members of this bone of our economy and this bill helps them in Psychology and Sociology from Coe Col- House in congratulating coaches Kristen get access to the credit that they need to grow lege. Ron then graduated from the University Reeb-Wardlaw, Mariah Scott and Stephanie and create jobs. of Iowa School of Law in 1965 and returned McGovern for their work with this outstanding While there are strong signs that our econ- to Honolulu to clerk for United States District group of student-athletes. I especially want to omy has turned the corner and is beginning to Court Judge Martin Pence. congratulate the members of the Dancer heal, there are still far too many small busi- His diligence on the job was evident even Knights on their tremendous achievement: nesses unable to get the capital they need to then. During his clerkship with Judge Pence, Katelyn Batty, Shanna Rull, Katie Miller, Leah contribute to the recovery. H.R. 5297 creates he once climbed into a trash bin outside the Yurchuck, Haley Santen, Phoenix Helmkamp, a Small Business Lending Fund to deliver federal court building to look for a lost jury ver- Jessica Ross, Sarah Menk, Ashley Paskero, loans to small business on Main Street. This dict form. The search was unsuccessful. He Alyssa Rupprecht, Allison Clessa and Becky fund will be available to small and medium- later learned that Judge Pence had another Newton. sized community banks that specialize in lend- copy of the form in his office the whole time. These young ladies have represented them- ing to these institutions. H.R. 5297 includes In 1966, Ron joined the staff of the Pros- selves, their school and their community in an strong incentives in the form of adjustable re- ecuting Attorney of the City and County of exemplary fashion. I wish them continued suc- payment rates to make sure that participating Honolulu, where he served as a deputy pros- cess in both their academic and athletic en- community banks lend this money out for its ecutor until 1968. He left public service to be- deavors. intended purpose. This $30 billion fund can be come a partner in the law firm Libkuman, Ven- leveraged to create up to $300 billion in loans tura, Moon, and Ayabe, where he stayed until f that small businesses need for growth and ex- 1982. PERSONAL EXPLANATION pansion. This is the kind of growth that will It was from that firm that Hawaii Governor help continue our economic recovery and get George Ariyoshi appointed Ron Moon to the HON. DANNY K. DAVIS us back to full strength. Hawaii State Judiciary as a Circuit Court OF ILLINOIS In addition to this loan fund, H.R. 5297 pro- Judge. He would serve in that position for IN THE HOUSE OF REPRESENTATIVES vides funding specifically for new and existing eight years, earning the respect of attorneys, lending initiatives that have been developed in including myself, who came before him. He Thursday, June 17, 2010 several states. With increased funding, we can was particularly persuasive in getting plaintiff Mr. DAVIS of Illinois. Madam Speaker, I tap this local expertise and expand on their and defense attorneys to resolve cases fairly was unable to cast votes on the following leg- work to increase small business lending and before trial. islative measures. If I were present for rollcall create jobs. Governor John Waihee then elevated Ron votes, I would have voted in the following Finally, as a supporter of budget discipline, to the office of Associate Justice of the Hawaii manner: I am pleased that this bill does not add to the State Supreme Court in 1990. In 1993, he was Roll 347, June 10, 2010: On Agreeing to the deficit. These loans are required to be paid elevated to the position of Chief Justice. Amendment: Waters of California Amendment back in ten years with interest. In fact, the As his retirement looms near, the people of No. 1 to H.R. 5072, FHA Reform Act of 2010, nonpartisan Congressional Budget Office esti- Hawaii have begun to pay tribute to the in- I would have voted, ‘‘aye.’’ mates that this bill will actually reduce the def- credible service of C.J. Moon. The County of Roll 348, June 10, 2010: On Agreeing to the icit by $1 billion by the end of the ten-year pe- Hawaii recently recognized May 7, 2010, as Amendment: Garrett of New Jersey Amend- riod. Chief Justice Ronald T.Y. Moon Day. The Ha- ment no. 5 to H.R. 5072, FHA Reform Act of I support helping businesses on Main Street waii State Legislature has also recommended 2010, I would have voted, ‘‘no.’’ access the credit they need to grow and ex- that the new Kapolei Court Complex be Roll 349, June 10, 2010: On Agreeing to the pand. I support H.R. 5297, and I urge my col- named after C.J. Moon, who spearheaded the Amendment: Price of Georgia Amendment no. leagues on both sides of the aisle to join me project. The Hawaii Chapter of the National 7 to H.R. 5072, FHA Reform Act of 2010, I in voting for its passage. Asian Pacific American Bar Association will would have voted, ‘‘no.’’

VerDate Mar 15 2010 03:21 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\RECORD10\RECFILES\E17JN0.REC E17JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE E1140 CONGRESSIONAL RECORD — Extensions of Remarks June 17, 2010 Roll 350, June 10, 2010: On Agreeing to the RECOGNIZING THE 60TH ANNIVER- NACWA’s Board of Directors since 2004, Mr. Amendment: Turner of Ohio Amendment no. 9 SARY OF THE KOREAN WAR Theerman has served as the organization’s to H.R. 5072, FHA Reform Act of 2010, I Secretary, Treasurer and Vice President. It is would have voted, ‘‘no.’’ HON. JOHN SHIMKUS fitting that his election as President coincides with the 40th anniversary of NACWA’s advo- Roll 351, June 10, 2010: On Agreeing to the OF ILLINOIS IN THE HOUSE OF REPRESENTATIVES cacy on behalf of the nation’s clean water Amendment: Edwards of Texas Amendment agencies—and the environment we all value no. 12 to H.R. 5072, FHA Reform Act of 2010, Thursday, June 17, 2010 so much. I would have voted, ‘‘no.’’ Mr. SHIMKUS. Madam Speaker, I rise today When I hear the terms like ‘‘accountable’’ Roll 352, June 10, 2010: On Agreeing to the in remembrance of the 60th Anniversary of the and ‘‘responsive,’’ I think of public servants Amendment: Maffei of New York Amendment beginning of the Korean War. The Korean War like Mr. Theerman. Under his able leadership no. 13 to H.R. 5072, FHA Reform Act of 2010, began on June 25, 1950, when the North in- NACWA looks forward to proactively and ef- I would have voted, ‘‘aye.’’ vaded the South, and continued till an armi- fectively addressing the complex 21st century stice was signed on July 27, 1953. As we all water quality challenges we face as a nation. Roll 353, June 10, 2010: On Passage: H.R. know, troops remain on the border today. It is my sincere pleasure to congratulate Jeff 5072, FHA Reform Act of 2010, I would have I have a special fondness for Korean vet- Theerman on becoming President of NACWA. voted, ‘‘aye.’’ erans, as my father (Gene Shimkus of Collins- I am certain his actions will ensure continued Roll 354, June 10, 2010: On Motion to Sus- ville, Illinois) served in Korea. water quality progress for St. Louis, Missouri, pend the Rules and Pass: S. 3473, To amend One and one-half million United States sol- and the Nation. the Oil Pollution Act of 1990 to authorize ad- diers answered the call to arms during the f vances from Oil Spill Liability Trust Fund for war. 54,246 United States soldiers lost their lives while fighting in Korea. 103,284 United RECOGNIZING THE RETIREMENT the Deepwater Horizon oil spill, I would have OF MASTER SERGEANT voted, ‘‘aye.’’ States soldiers were wounded; 7,140 were taken prisoner; and 8,177 were listed as miss- BUENALFLOR ROBLES, JR. FROM Roll 355, June 14, 2010: On Motion to Sus- ing in action while fighting in Korea. 131 Med- THE HAWAI‘I AIR NATIONAL pend the Rules and Agree: H. Res. 1368, als of Honor were received for exceptional GUARD Supporting the goals of National Dairy Month, bravery and courage by those fighting in I would have voted, ‘‘aye.’’ Korea with 93 of those being awarded post- HON. CHARLES K. DJOU Roll 356, June 14, 2010: On Motion to Sus- humously. OF HAWAII pend the Rules and Agree: H. Res. 1409, Ex- Today, the number of living Korean War vet- IN THE HOUSE OF REPRESENTATIVES erans continues to decline each year, depriv- pressing support for designation of June 20, Thursday, June 17, 2010 2010, as ‘‘American Eagle Day’’, and cele- ing them the opportunity to accept the appre- ciation of their service from a grateful nation. Mr. DJOU. Madam Speaker, I rise today to brating the recovery and restoration of the I honor those who so bravely fought and made recognize the service and achievements of bald eagle, the national symbol of the United the ultimate sacrifice in Korea. May God bless Master Sergeant Buenalflor Robles, Jr. States, I would have voted, ‘‘aye.’’ our Korean War veterans and may God con- throughout his 28 years in the US Air Force Roll 357, June 14, 2010: On Motion to Sus- tinue to bless America. and the Hawaii Air National Guard. pend the Rules and Pass: H.R. 5502, To f MSgt. Robles enlisted in 1983 and served amend the effective date of the gift card provi- on Active Duty until 1993, when he joined the TRIBUTE TO MR. JEFF THEERMAN sions of the Credit Card Accountability Re- Hawaii Air National Guard. For his service in sponsibility and Disclosure Act of 2009, I the United States Air Force, MSgt. Robles re- would have voted, ‘‘aye.’’ HON. W. ceived Air Force Achievement, Commendation OF MISSOURI and Meritorious Service Medals. MSgt. Robles Roll 358, June 15, 2010: On Motion to Sus- IN THE HOUSE OF REPRESENTATIVES served as a Knowledge Operations Manage- pend the Rules and Agree: H. Res. 1383, ment Specialist in the Hawaii Air National Thursday, June 17, 2010 Honoring Dr. Larry Case on his retirement as Guard, and held numerous supervisory posi- National FFA Advisor, I would have voted, Mr. AKIN. Madam Speaker, today I wish to tions in the Air Force. While serving full-time ‘‘aye.’’ congratulate Mr. Jeff Theerman, Executive Di- in the Hawaii Air National Guard, MSgt. rector of the Metropolitan St. Louis Sewer Dis- Roll 359, June 15, 2010: On Agreeing to the Robles completed his Bachelor of Business trict (MSD) on his election as the new Presi- Resolution: H. Res. 1436, Providing for con- Administration. dent of the National Association of Clean As a Captain in the Army National Guard, I sideration of H.R. 5486, the Small Business Water Agencies, NACWA. understand the demands placed on guards- Jobs Tax Relief Act; and providing for consid- Mr. Theerman is an accomplished leader men and I commend MSgt. Robles for his eration of H.R. 5297, the Small Business and committed environmental steward. He has dedication to education and honorable service Lending Fund Act, I would have voted, ‘‘aye.’’ dedicated his career to the improvement of the to the United States. I would also like to rec- Roll 360, June 15, 2010: On Motion to Sus- environment and public health in Missouri, and ognize MSgt. Robles’ wife, Cheryl, his son, pend the Rules and Pass, as Amended: H.R. throughout the Nation. Without a doubt, he is Andrew, and his daughter, Azia, each of 4855, Work-Life Balance Award Act, I would ideally suited for this national leadership posi- whom supported his work throughout the have voted, ‘‘aye.’’ tion with NACWA. years. I congratulate MSgt. Robles on his re- Mr. Theerman has served Missouri through tirement from the Hawaii Air National Guard Roll 365, June 16, 2010: On Motion to Sus- his work at MSD for over 25 years. In October and thank him for his service to the state of pend the Rules and Agree: H. Con. Res. 242, of 2003 he was named MSD’s Executive Di- Hawaii. Honoring the NAACP on its 101st anniversary, rector, willingly and ably accepting account- f I would have voted, ‘‘aye.’’ ability for all aspects of the utility’s operations. Roll 366, June 16, 2010: On Motion to Sus- As MSD’s Executive Director, Mr. Theerman HONORING COLONEL J. MOTLEY pend the Rules and Agree: H. Res. 1422, leads one of the nation’s largest wastewater Honoring the Department of Justice on the oc- and stormwater management utilities, pro- HON. DALE E. KILDEE casion of its 140th anniversary, I would have viding services to approximately 1.4 million OF MICHIGAN voted, ‘‘aye.’’ people in the City of St. Louis and St. Louis IN THE HOUSE OF REPRESENTATIVES County. Under his leadership the MSD cur- Roll 367, June 16, 2010: On Motion to Sus- rently operates seven wastewater treatment Thursday, June 17, 2010 pend and Agree, as Amended: H. Res. 1414, facilities, treating an average of 330 million Mr. KILDEE. Madam Speaker, I rise today Congratulating Urban Prep Charter Academy gallons of water per day and maintaining to honor Colonel J. Motley, the Grand Worthy for Young Men—Englewood Campus, the Na- 9,649 miles of sewers. Patron of the Prince Hall Grand Chapter, tion’s first all-male charter high school, for Since joining others in founding NACWA 40 Order of the Eastern Star, Prince Hall Affili- achieving a 100 percent college acceptance years ago, the Metropolitan St. Louis Sewer ation, Jurisdiction of Michigan. Mr. Motley is rate for all 107 members of its first graduating District has benefitted from its active engage- only the third person from the Royal Star class of 2010, I would have voted, ‘‘aye.’’ ment with the organization. A member of Chapter No. 27 to hold this esteemed position

VerDate Mar 15 2010 03:21 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\RECORD10\RECFILES\E17JN0.REC E17JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE June 17, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E1141 and he will be honored at an event in Flint, A TRIBUTE TO JULIO SALINAS Madam Speaker, I urge my colleagues to Michigan on Saturday, June 19th. join me in recognizing the achievements of Colonel J. Motley was born the 7th child of HON. EDOLPHUS TOWNS– Julio Salinas. 13 children. He graduated from CCTS High OF NEW YORK f School in Alabama and moved to Michigan. IN THE HOUSE OF REPRESENTATIVES STATE COMMANDER OF INDIANA He retired from General Motors after 35 years Thursday, June 17, 2010 of service. He serves on the Usher Board #2 DEPARTMENT OF THE VET- at Mt. Calvary Baptist Church and has been a Mr. TOWNS. Madam Speaker, I rise today ERANS OF FOREIGN WARS EU- in recognition of Julio Salinas for his commit- member of the congregation for 46 years. He GENE KIJANOWSKI ment to excellence in business and con- is a member of the Westwood High Block tracting. HON. PETER J. VISCLOSKY Club. Mr. Motley and his wife, Barbara, have Julio Salinas is the owner of Mecca Con- OF INDIANA 3 children and 5 grandchildren. tracting, Inc. located in the Bushwick section IN THE HOUSE OF REPRESENTATIVES He is a member of the Eureka Lodge No. of Brooklyn, New York. Mr. Salinas was born 16 and has served as Worshipful Master for in Canton San Juan Bosco, Morona Santiago Thursday, June 17, 2010 two years. He has served as Excellent High Ecuador and came to Brooklyn twenty years Mr. VISCLOSKY. Madam Speaker, it is with Priest with the Royal Arch Chapter No. 17, ago. He is married to Sonia Salinas and they great honor that I stand before you today to and he is the Past Patron of the Royal Star have two children, Donna, age 12, and Emily, pay tribute to Eugene H. Kijanowski and to Chapter No. 27. He is also a member of the age 2. congratulate him on his upcoming installation Saginaw Valley Consistory No. 71. In addition Mr. Salinas likes to work with people, espe- as the State Commander of the Indiana De- to his work with the Order of the Eastern Star, cially those that need encouragement to take partment of the Veterans of Foreign Wars. Mr. Motley helps senior citizens with their a step in the right direction. From his early ex- Northwest Indiana is certainly indebted to Mr. lawns, shovels snow in the winter, helps to periences in the United States as a laborer, he Kijanowski for his tireless commitment to keep our highways clean, does security watch knows firsthand how difficult life can be. He those who have crossed seas to fight for our in his neighborhood, and works with teenage draws strength from his upbringing and thanks country. In honor of Mr. Kijanowski, a boys through the Ushers Ministry. his parents for showing him the right path to celebratory reception will be held on June 20, Madam Speaker, I ask the House of Rep- walk. His parents’ guidance allowed him to be- 2010, at Veterans of Foreign Wars (VFW) resentatives to applaud the work of Colonel J. come a man of great integrity and moral for- Post 717 in Saint John, Indiana. Motley. He is an individual dedicated to help- titude. He was educated at Rio Upano de la Eugene Kijanowski hails from a family with ing others in need. I congratulate him for the ciudad de Sucua, Ecuador where he obtained a great military tradition. All three of his broth- honor he has received from his peers and I his Bachelor’s degree. ers served in the armed forces—Thomas and Mr. Salinas started Mecca Contracting, Inc. commend him for his charity, fellowship and Jerome in the Army, and Wayne in the Air in 1997 and worked first as a subcontractor, assistance to both friends and strangers. May Force. Eugene began his military career in and now as a general contractor. He works he continue in his service to others for many, Whidbey Island, Washington, as a member of closely with the City of New York, Department many years to come. the United States Navy, where he worked as of Housing Preservation and Development a parachute rigger and specialized in aircraft f (HPD). Mr. Salinas holds numerous certifi- cations: NYC Department of Small Business hydraulics. He was then transferred to RECOGNIZING THE ACHIEVEMENTS Services (MBE), NY & NJ Minority Supplier Miramar Naval Air Station to Light Photo- OF COACH DAVE SHOJI Development Council (MBE), Empire State graphic Squadron 63, where he became Avia- Development (Minority-Owned Business Enter- tion Hydraulics Mechanic Third Class as well HON. CHARLES K. DJOU prise), the Port Authority of NY & NJ (Minority- as a plane captain for the squadron. On the Owned and Small Business Enterprise), New morning of October 26, 1966, aboard the USS OF HAWAII York City MWSBE Housing Authority, NYC Oriskany off the coast of North Vietnam, Mr. IN THE HOUSE OF REPRESENTATIVES School of Construction Authority (MBE), and Kijanowski was forced to show his true char- Thursday, June 17, 2010 the Dormitory Authority-State of New York acter as a disastrous fire broke out on the (MWBE). In 2002 he obtained a certificate flight deck. Crewmen, including Eugene, val- Mr. DJOU. Madam Speaker, I rise today to from the Construction Management Institute iantly fought the fire, jettisoning heavy bombs recognize the University of Hawaii Rainbow sponsored by Jamaica Business Resource which lay within reach of the flames. Other Wahine women’s volleyball head coach, Dave Center and New York State Chapter of the men wheeled planes out of danger, rescued Shoji. The American Volleyball Coaches Asso- National Association of Minority Contractors. pilots, and helped to halt the fire. In the end, ciation Hall of Fame recently announced that In 2003 he completed the Construction Man- 44 sailors perished and 156 were injured. The Coach Shoji will be inducted in December agement Training Certificate Program, spon- USS Oriskany returned to Subic Bay on Octo- 2010 for his work at the University of Hawaii sored by New York City Department of Small ber 28, 1966; and Eugene was discharged on and for the success of the Rainbow Wahine Business Services and Turner Construction. November 16, 1966. His courage and perform- women’s volleyball team. And in 2006 he obtained a certificate in Con- ance on the USS Oriskany earned him the Coach Shoji is only the second coach in struction Management Building Blocks Pro- Vietnam Service Medal. NCAA Division I women’s volleyball history to gram, sponsored by Skanska USA, The New Commander Kijanowski joined the VFW in reach the 1,000-win mark. He achieved this York State Chapter of the National Association 1976 and has since held every office in his feat in 2009 and he continues to lead his team of Minority Contractors and Medgar Evers Col- post. He has gamered many accolades and is to victory. Throughout his years with the Uni- lege. In 2008 he obtained a Certificate in Con- a perennial state award winner. During his versity of Hawaii, Coach Shoji captured four struction Management, sponsored by Pace service with the VFW, Eugene was awarded women’s volleyball national championships, University, Regional Alliance for Small Con- the prestigious Eisenhower Award for out- three NCAA Division I Crowns, and an AIAW tractors, and The Port Authority of NY & NJ. standing leadership. Eugene will continue his title. It is evident that Coach Shoji’s leadership In 2004 Mr. Salinas started another business lifelong commitment to the VFW and will be- and devotion to his team contributed to the 18 called Supplies Lumber Corp. come State Commander of the Indiana Vet- seasons with 30 or more wins for the Rainbow Mr. Salinas has affiliations with the Regional erans of Foreign Wars on June 20, 2010. For Wahine. He, personally, received 10 con- Alliance for Small Contractors, the New York his truly heroic service to our nation and his ference coach of the year awards, two AVCA State Chapter of the National Association of outstanding dedication to the VFW, Mr. National Coach of the Year awards, and an Minority Contractors, The Association of Mi- Kijanowski is worthy of the highest praise. All-time Great Coach Award in the Donald nority Enterprises of New York, Inc., NHCA Eugene’s devotion to the VFW is exceeded Shondell Contemporary Division by USA Hispanic National Construction Association., only by his devotion to his wonderful family. Volleyball. League of United Latin American Citizens and He has been married to his loving wife, Mary, On behalf of the students, faculty, and citi- Youth Organization JUVE Ecuador. He has for 42 years. They have two beloved children: zens of the 1st Congressional District of Ha- also been a member of Community Board # 4. Mary and Kevin. waii, I would like to extend my congratulations In his free time he enjoys watching documen- Madam Speaker, I ask that you and my to Coach Shoji for his amazing achievements taries on television and listenting to sports and other distinguished colleagues join me in com- throughout his coaching career at the Univer- classical music. He enjoys his weekends mending Eugene Kijanowski for his service sity of Hawaii. greatly, often with a good meal. and dedication in the United States Navy and

VerDate Mar 15 2010 03:21 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\RECORD10\RECFILES\E17JN0.REC E17JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE E1142 CONGRESSIONAL RECORD — Extensions of Remarks June 17, 2010 congratulate him on his new position of lead- THIRD TIME’S A CHARM FOR the years he has developed an extensive ership as State Commander of the Veterans of SOUTHWESTERN RANDOLPH background in community relations from orga- Foreign Wars Department of Indiana. nizing faith based and community based orga- HON. HOWARD COBLE nizations, youth groups and groups with vary- f OF NORTH CAROLINA ing ethnic backgrounds such as Jewish, Rus- IN THE HOUSE OF REPRESENTATIVES sian, Hispanic, Caribbean and African Amer- A TRIBUTE TO SHEILA STEWART- Thursday, June 17, 2010 ican. BETEGON Nathan has been involved in various elec- Mr. COBLE. Madam Speaker, on behalf of toral campaigns at the Federal, State, city and HON. EDOLPHUS TOWNS– the citizens of the Sixth District of North Caro- judicial levels. He has served in the capacity lina, we wish to extend our congratulations to of Campaign Manager, Deputy Campaign OF NEW YORK the Southwestern Randolph High School soft- Manager and Field Operation Coordinator IN THE HOUSE OF REPRESENTATIVES ball team for winning the North Carolina High throughout the borough of Brooklyn. In these Thursday, June 17, 2010 School Athletic Association State 3–A softball various capacities, Nathan has been pro- championship for the third time in 4 years. The foundly involved in grassroots organizing, Mr. TOWNS. Madam Speaker, I rise today Southwestern Randolph Cougars defeated voter registration drives, door to door can- in recognition of Sheila Stewart-Betegon for Crest High School 6–1 on June 5, 2010, at vassing, phone banks, and petition drives. her tireless service to her community. Walnut Creek Softball Complex in Raleigh, Nathan has served as a Chief of Staff to a Sheila Stewart-Betegon was born August 22 North Carolina, to win the title. member of the New York State Assembly. He in Colon in the Republic of Panama to Cath- The win did not come easily with the Cou- is currently the Deputy Chief of Staff for the leen and August Stewart. She is the youngest gars trailing 1–0 after the third inning. After re- Majority conference leader of the New York of three sisters; her older sisters are Maritza adjusting to the Chargers’ pitching style and State Senate, the Honorable John L. Samp- Austin and Diana Street. She is married to hitting fewer pop-ups, the Cougars managed son. He is also the Chairman of Brooklyn Porfirio Betegon; she has three children and to score a run in the fourth inning. Cougars’ Community Board #5, a member of the Com- one grandchild. pitcher Julia Calicutt was able to stop the munity Advisory Board at Brookdale Hospital, Sheila graduated from Abel Bravo High Chargers from scoring additional runs in the a member of the Board of Directors of East School in Colon and went to study law and fifth and sixth innings. Having played two sea- New York Kids Power, and also a member of political science in the University of Panama. sons behind Southwestern Randolph’s 4-year the Board of Directors of the True Worship She migrated to the United States in Decem- starter Anna Maness, Calicutt was finally given Church. ber of 1984. her chance to shine. Calicutt’s athleticism and Madam Speaker, I urge my colleagues to Like many immigrants, Sheila took odd jobs hard work gave the Cougars the opportunity join me in recognizing the achievements of such as fast food restaurants, and working as they needed to claim the state title. Nathan Bradley. The Cougars ended the game tacking on a messenger and mail clerk while pursuing the f American dream. As a determined and ambi- three additional runs in the fifth inning and two tious woman with aspirations of growing pro- in the sixth. ‘‘It’s an awesome feeling,’’ Calicutt TRIBUTE TO HONOR FLIGHT OF fessionally, she completed her undergraduate told the Asheboro Courier-Tribune. ‘‘There OREGON studies in criminal justice at John Jay College were doubts at the beginning of the season. in February 1989. We had to do this to prove ourselves,’’ added HON. GREG WALDEN Calicutt. Thereafter she began to work for Miracle OF OREGON The championship team members included: Makers Inc., one of the largest minority non- IN THE HOUSE OF REPRESENTATIVES Cythnia Hayes, Hannah Hughes, Erin Billups, profit organizations in the State of New York. Olivia Hickman, Julia Callicutt, Kelsey Hoover, Thursday, June 17, 2010 For 16 years Sheila worked at Miracle Makers Victoria Hunt, Sydney Hyder, Sloane King, Inc. and served the community in numerous Mr. WALDEN. Madam Speaker, I rise on Ashia Nicholson, Kaylee King, Paige Parrish, capacities: as a caseworker, supervisor and the occasion of Oregon’s inaugural Honor Hayleigh Clapp, Brooke Hayes, Hagan Kiser, coordinator for permanency planning. Sheila Flight journey of 24 of Oregon World War II Felicia Brady, Braden Newlin, and Alexandria monitored over fifty children annually in their and Korean War era veterans to visit their me- O’Connell. Assisting Head Coach Ricky Mar- foster homes and schools and assessed the morials here in Washington, DC. On behalf of tinez were Brook Smith, Robert Hayes and goal of reunification of children and families. a grateful congressional delegation, state, and Wendell Seawell. country, I welcome these heroes to our na- In order to keep up with the increasing de- Again, we would like to congratulate South- tion’s capital where I am honored to host a mands for high level professionals, Sheila re- western Randolph High School’s softball team, special recognition event for them. turned to college and obtained a Masters de- faculty, staff, students, and fans for an out- The veterans on this Honor Flight are World gree from Long Island University Brooklyn standing championship season. War II veterans: Jim Cate, U.S. Marine Corps; Campus in 2001. f Don Daugherty, U.S. Navy; Russell ‘‘Gunner’’ In 2005, Sheila carried over her experience A TRIBUTE TO NATHAN BRADLEY Day, U.S. Navy; Al Grant, U.S. Navy; Bob and skills in social service and social work in- Haskin, U.S. Army Air Corps; Hank Henson, volving children and young adults to the Sal- U.S. Army Air Corps; Don Huebsch, U.S. Ma- vation Army, one of the oldest social services HON. EDOLPHUS TOWNS– rine Corps; Anne Laraia, U.S. Air Force; organizations in the United States. Sheila was OF NEW YORK Rocco Laraia Jr., U.S. Navy, Army, Air Force; hired as a recruiting officer to find foster and IN THE HOUSE OF REPRESENTATIVES Ed LeRoy, U.S. Navy; Dennis ‘‘Mac’’ adoptive parents for children who could not re- Thursday, June 17, 2010 McManus Sr., U.S. Army; Paul Miller, U.S. main with their biological family. Mr. TOWNS. Madam Speaker, I rise today Army; Richard Miller, U.S. Army; Ed More- During this time Sheila volunteered her in recognition of Nathan Bradley for his contin- head, U.S. Army Air Corps; Marvin ‘‘Bud’’ service at ‘‘Prouecto de Trabajadores Latino ued involvement in his community. Morss, U.S. Air Force; Al E. Rogers, U.S. Americanos’’ providing instruction in English Nathan Bradley was born and raised in Navy; Ken Shideler, U.S. Army; Samuel as a second language to immigrants. Sheila is Brooklyn, and educated in the New York City ‘‘Smitty’’ Smith, U.S. Navy; Bill Spencer, U.S. a member of Free Will Church of God in Public School system. He is a veteran of the Marine Corps; Don Spencer Sr., U.S. Army Air Christ where the pastor is Eddie Lacewell. United States Army and has studied advanced Corps; George ‘‘Vince’’ Stauffer, U.S. Coast Sheila has been given the opportunity to bring micro electronics technology, computer Guard; Vyrl ‘‘Ed’’ Sweeney, U.S. Army; and forth the word of God. science and graphic design. Upon completion Ervin ‘‘Van’’ Van Blaricom, U.S. Marine Corps. In 2006, Sheila returned to Panama for six of his education, Nathan worked for an infor- Madam Speaker, these 24 veterans from months to culminate her studies in law and mation technology company wherein he in- Oregon join more than 35,000 veterans from obtain her degree as a lawyer. She is cur- stalled networks, was responsible for trouble- across the country who, since 2005, have rently employed as a Probation Officer for the shooting and repaired computers. He also traveled to our nation’s capital to visit and re- City of New York Department of Probation. worked in the Graphic Design Department flect at memorials built here in their honor. Madam Speaker, I urge my colleagues to where he was a Senior Project Manager. This Honor Flight was made possible thanks join me in recognizing the contributions of In 1989 Nathan became actively involved in to generous donations and contributions from Sheila Stewart-Betegon. the Ronald Brown Democratic Club. Through the public to honor these American heroes.

VerDate Mar 15 2010 03:21 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\RECORD10\RECFILES\E17JN0.REC E17JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE June 17, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E1143 We truly can never repay the debt we owe served as President of the P.T.A. of P.S. 93, of Riverside. In fact, Les was an original mem- these soldiers, sailors, airmen, Marines, and J.H.S. 258, and Boys and Girls High School. ber of the Monday Morning Group, a group of Coast Guardsmen who put themselves in Mary inspires everyone she meets to make a civic and business leaders who come to harm’s way to protect us and our liberty and better life for their families and communities. Washington every year to meet with legislators freedom. The sacrifices made by these out- As her children grew old enough to care for from southern California to further the goals of standing citizens—and the families they left themselves, Mary went back to school and the Inland Empire region. Additionally, Les behind—are truly incredible. Without their trained to become a home health aide. After chaired the board of the Greater Riverside honor, courage, commitment, and sacrifice, we successfully completing school and working Chambers of Commerce and also served on would not enjoy the freedoms we cherish for a while as a home health aide, she began the Riverside Community College District today. teaching home health aide courses at the re- board of trustees. Please join me in thanking these Oregon quest of the directors of her school. Mary re- Les is survived by his wife, Marilyn; daugh- veterans and the volunteers of Honor Flight of tired after many years of teaching, but her ter, Anne Guerrucci; and three grandchildren. Oregon for their dedication, commitment, and teaching days were far from over. Mary raised Although Les was known for his great suc- service to our great nation. May God bless two of her many grandchildren, ran the food cess in his profession, he will be remembered them and may God Bless America. pantry and served as President of the Nurses for his gentle manner, humility and great f Unite organization at her church. Mary was re- sense of humor. I have personally been influ- married to Mr. James Clark and moved to the enced by Les, and consider him one of my A TRIBUTE TO MARY ELIZABETH Bushwick section of Brooklyn where she con- most valued mentors. WHITEHEAD CLARK tinues to be an active member of her block as- On behalf of all those who knew him, it is sociation. The Mary Elizabeth Whitehead an honor to offer these remarks as a tribute to HON. EDOLPHUS TOWNS– Clark legacy of community activism is contin- the life and legacy of my friend Les Richter. OF NEW YORK ued by her children who are all in some as- His life and presence will be sorely missed IN THE HOUSE OF REPRESENTATIVES pects involved in politics, and community ac- and I extend my condolences to his dear fam- tivism. ily and friends. Thursday, June 17, 2010 Madam Speaker, I urge my colleagues to Mr. TOWNS. Madam Speaker, I rise today join me in recognizing the achievements of f in recognition of Mary Elizabeth Whitehead Mary Elizabeth Whitehead Clark. Clark for her dedication to service and work as f A TRIBUTE TO DR. JEFFREY A. a community activist. MCKOY TRIBUTE TO LES RICHTER Mary Elizabeth Catten, the oldest of six chil- dren, was born on October 8, 1938 in Frank- HON. EDOLPHUS TOWNS– lin, Virginia where her family owned and HON. KEN CALVERT OF NEW YORK OF CALIFORNIA worked their land and grew fruits, and vegeta- IN THE HOUSE OF REPRESENTATIVES bles. After having her first child, Arlinda, sav- IN THE HOUSE OF REPRESENTATIVES Thursday, June 17, 2010 ing her money and getting married to Jesse Thursday, June 17, 2010 Whitehead, she moved her family to the East Mr. CALVERT. Madam Speaker, I rise today Mr. TOWNS. Madam Speaker, I rise today New York section of Brooklyn, New York. She to recognize and honor the life of Leslie Alan in recognition of Dr. Jeffrey A. Mckoy for his and her husband have five other children: Richter, an accomplished athlete, successful dedication to educational pursuits and his Jesse Jr., Jacqueline, Johnette, John and Jua- businessman, outstanding community member work in the field of psychotherapy. nita, and raised five of her husband’s nieces and close personal friend of mine. On June Dr. Jeffrey A. Mckoy was born in Kingston, and nephews. 12, 2010, Les passed away at the age of 79. Jamaica. He migrated to the United States Mary became Director of a daycare in East Though Les has passed on from this life, he and later moved to Brooklyn, New York to join New York that employed 10 adults as well as leaves a lasting legacy of generosity and ac- his family. He attended several universities 15 neighborhood youth during the summer. complishment that will never be forgotten. and obtained a Bachelor’s degree and Mas- Through her strong leadership in the commu- Born in Fresno, California, on October 6, ter’s degree and a Doctor of Science in Clin- nity of East New York, Mary played a key role 1930, Les attended the University of Cali- ical Psychology. in working with Community Board 5, and fornia, Berkeley, where he played football and At the age of 15, Dr. Mckoy began to realize former Mayor of New York City, the Honorable graduated as valedictorian of his class in the importance of education and by the time Abraham ‘‘Abe’’ Beame, in mapping out the 1952. Before starting a career in professional he was 17, he migrated to the United States. new housing developments that were built in football, Les served 2 years in the U.S. Army He enrolled in an alternative program night East New York, currently known as the Nehe- during the Korean War. In 1954, he started school and worked part-time. He found out miah homes. Mary started a block association with the Los Angeles Rams, who traded a quickly that a minimum wage job was not on Sutter Avenue to improve the conditions in record 11 players in order to get Les. He going to get him through college. This created the neighborhood of Community Board 5. played linebacker and place kicker for the a need to fund his educational pursuits. In Mary’s family outgrew their Sutter avenue Rams for nine seasons—eight of those being 1980, he joined the Board of Education as a apartment and later moved into a house in the All-Pro. In 1982 he entered the College Foot- Family Paraprofessional, where he was able Bedford Stuyvesant section of Brooklyn. She ball Hall of Fame, and he is still considered to gain valuable experience and support for gave birth to a second set of twins (Mary and one of the greatest linebackers in professional his education. In the years in the Department Marty) that gave her and Jesse 13 children to football. of Education, he was able to attend college raise. After retiring from football, Les’ interests and graduated in 1989. He did not stop there; Mary started another block association in turned to auto racing, and from 1963 to 1984 he later enrolled in Brooklyn College. her new neighborhood on Halsey Street. She he ran the Riverside Raceway in Riverside, In 1989, he joined the family District Council was always involved in the schools that her California. He then moved to Daytona Beach, 37, Local 372 and served as Released Time children attended. Sadly, her beloved husband Florida, where he worked for NASCAR for 10 Representative for approximately 8 years. It passed away in 1974. Shortly thereafter, Mary years, and was named executive vice presi- was there that he met and fell in love with his began attending the Macedonia Disciples of dent of competition in 1986, and the senior wife Gloria. He later reentered the Board of Church of God in Christ. She served as the vice president of operations in 1992. He is Education in 1996 as a teacher. He taught So- pastor’s aide and became a member of the largely recognized as one of three key race cial Studies and various subjects in middle usher’s board. She also became involved with track executives that helped guide and advise school and High School. His wife has been the church food pantry, which distributes food NASCAR founder ‘‘Big Bill’’ France, who made supportive of his efforts through the years. to individuals and families in the Bedford NASCAR the success it is today. Les built var- Dr. Mckoy is a psychotherapist; he currently Stuyvesant community. The church was an in- ious tracks around the NASCAR circuit and owns and operates the mental health clinic Vi- tegral part of Mary’s life and helped to make was influential in helping expand the sport’s sionary Mental Health Counseling Service, sure that her entire family knew God. Mary is national appeal. After leaving NASCAR, Les P.C. in Brooklyn. The clinic offers counseling still an active member of the church to this returned to Riverside, where he oversaw the and psychotherapy treatments, evaluations, day and continues to tirelessly run the food development of the Auto Club Speedway. treatments for ADHD, ADD, ODD, anxiety, pantry. Mary continues to maintain a presence Aside from his professional endeavors, Les grief and loss, work and career issues, stress, in the schools that her children attended and was known for contributing to the community and autism and Aspergers disorders.

VerDate Mar 15 2010 03:21 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\RECORD10\RECFILES\E17JN0.REC E17JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE E1144 CONGRESSIONAL RECORD — Extensions of Remarks June 17, 2010 Dr. Mckoy is a Diplomat and Board Certified gained admission to the University of Cali- sulate, Community Board Meetings, and var- member of the American Psychotherapy Asso- fornia–Berkeley, where she pursued a rigorous ious customer appreciation initiatives. ciation. He is also a member of American Psy- course of study in English Literature. Prior to joining Citibank, Jose provided mar- chological Association and a clinical member Julia continues to believe that one can do keting support for Gala Resources LLC and of American College of Counselors. He is a anything as long as one is determined and Powerhouse Mortgage and Funding and sale Lion and a member of the F & A.M., New motivated by a heartfelt cause; her phe- support for the Unicasa Realty. When he is York, and served as a worshipful Master of nomenal success is a model for every aspiring not working, he loves playing basketball, and Publicity Lodge 1000. young person. I invite my colleagues to join nurturing his younger brothers’ affinity for the His youngest daughter, Sheria, is 30 years me in congratulating Julia for this singular su- sport. He is also a boxing aficionado. Jose old. She is a graduate of Rutgers University perior academic accomplishment; and I per- now hopes to continue his educational en- and the Naval Academy. She is now pursuing sonally hope this tribute may reach other deavors and entering a graduate program of a medical degree. The oldest, Melissa, is 32 young people and serve as inspiration for their study in the near future. years old. She is a graduate of New Jersey future achievement as well. Madam Speaker, I urge my colleagues to Technical Institute. She is an Army Reservist, f join me in recognizing the achievements of with a degree in finance and marketing. She Jose Antonio Zapata. is currently pursuing her dreams. A TRIBUTE TO JOSE ANTONIO f ZAPATA Dr. Mckoy has always placed a great impor- CONGRATULATING BERNARD tance on education. He would like to see his ‘‘BERNIE’’ BEHRENDS ON HIS children continue their educational interests. HON. EDOLPHUS TOWNS 89TH BIRTHDAY He has lived a life based on hard work, edu- OF NEW YORK cation, and responsibility. It is these principles IN THE HOUSE OF REPRESENTATIVES that he believes can have the greatest impact HON. AARON SCHOCK Thursday, June 17, 2010 OF ILLINOIS on anyone’s success. IN THE HOUSE OF REPRESENTATIVES Madam Speaker, I urge my colleagues to Mr. TOWNS. Madam Speaker, I rise today join me in recognizing the achievements of Dr. in recognition of Jose Antonio Zapata for his Thursday, June 17, 2010 Jeffrey A. Mckoy. dedication to his community and excellence in Mr. SCHOCK. Madam Speaker, I rise today f his field. to honor Mr. Bernard ‘‘Bernie’’ Behrends, an A personable and dedicated retail bank pro- exceptional philanthropist with a passion for HONORING JULIA J. NOBLE, RE- fessional, Jose Antonio Zapata is the oldest of education. He will be celebrating his 89th CIPIENT OF THE DEPART- three sons raised in Bronx, New York by birthday on July 27, 2010. His passion and MENTAL CITATION AWARD AT proud parents Honoria Guaba and Antonio Za- dedication for providing charity to others is in- THE UNIVERSITY OF CALI- pata. Jose’s parents left their native country of spiring and commendable. Bernie’s mother FORNIA–BERKELEY the Dominican Republic and migrated to the was widowed and raised Bernie and his sister United States with the hope of giving their chil- Anna with the help of their grandfather. At an HON. ENI F.H. FALEOMAVAEGA dren a better life. His parents instilled in him early age, they were inspired by a philosophy OF AMERICAN SAMOA that dedication, hard work, higher education of charity. They were taught to help others IN THE HOUSE OF REPRESENTATIVES and motivation will lead to success in life. whenever possible and to view their suc- Graduating from the prestigious Bronx High Thursday, June 17, 2010 cesses as opportunities to help others in the School of Science, Jose immersed himself in future. These values were the foundation on Mr. FALEOMAVAEGA. Madam Speaker, I becoming a noteworthy athlete in Track and which Bernie started his volunteer and charity rise today to recognize the accomplishments Field. He also volunteered throughout the work and why he continues to do so to this of a young woman who has risen above very Bronx, through such deeds as helping in the day. challenging circumstances, has attained an clean up project at Van Cortland Park. Bernie was born in Lincoln, Illinois on July outstanding achievement, and serves as an With his mother’s relentless support for aca- 27, 1921. He completed his primary and sec- example for other young people to follow. demic advancement, Jose earned a Bachelor ondary education in Lincoln, through the Lin- I want to recognize Ms. Julia J. Noble, a 19- of Science degree from Baruch College in coln public school system. In 1946, after three year-old Chinese-American, who recently Real Estate and Metropolitan Development. years of service during World War II, Bernie graduated from the University of California– He chose this field in hopes of filling the need was honorably discharged from the United Berkeley this past May. Julia remarkably com- of affordable housing in underserved commu- States Navy. pleted her prestigious english honors program nities. However, he soon realized that having Bernie attended Lincoln College from 1946 in less than 2 years and was presented the a solid understanding of financial services to 1948 and Bradley University from 1948 to Departmental Citation Award, or the Mark would enable an individual to go much further 1950, receiving his Bachelor of Science de- Schorer Prize, as the most outstanding than being provided affordable shelter. Ever gree in general engineering from Bradley Uni- English major to graduate from the University since then he has focused his efforts on the versity. After completing his post-secondary in 2010. As an Asian Pacific Islander and an financial industry. education with assistance from the GI Bill of alumnus, I am proud of her accomplishment Mr. Zapata is now a highly accomplished bi- Rights, Bernie began his successful career which is eminently remarkable and considered lingual management professional with exper- working as a civil engineer with the Illinois De- impossible given her young age. The Depart- tise in retail banking and an interest in micro- partment of Transportation. After thirty two mental Citation Award was conferred by Dr. finance. Jose joined Citibank, a leading global years of service, he retired in 1982. Samuel Otter, Chair of the English Department financial services company, in 2004 and quick- Throughout the years, Bernie Behrends has at University of California–Berkeley. ly became an award-winning employee, earn- been an invaluable asset to our community in As an infant, born in California, Julia moved ing the 2005 CitiStars Top Sales Producer central Illinois by volunteering countless hours with her family to many countries in the Pa- Award. He also became Chair of the Commu- of his time and expertise. Between 1958 and cific, including Taiwan, Australia, and Japan. nity Outreach and Professional Development 1963, Bernie served as Vice President of Im- Through her diverse upbringing, she has al- Committee for the Citigroup Hispanic Network manuel Lutheran Church, and during the Viet- ways displayed a generous and noble com- and Editor of the Citibank Management Asso- nam War, he was a member of the Logan passion towards others. At age 13, a deep ciation newsletter. His hard work continued to County Selective Service Board. Through this love for her homeland brought Julia back to pay off as he was selected to work on high- position, he was assigned to the Abraham Lin- the United States to pursue her education. profile initiatives for the previous chairman and coln Memorial Hospital Board of Trustees from Having spent the majority of her life attending C.E.O. of Citibank North America. 1967 to 1973. This experience was followed Chinese- and Japanese-speaking schools, Jose quickly moved on to becoming Branch by membership on the Logan County Election Julia had to be tutored by family friends for Manager of Citibank’s Liberty Avenue branch Board for eight years. Eventually in 1992, Ber- even the most basic reading skills. Thus her where he has had great success. Through his nie was elected to the coveted Board of Trust- aspiration during high school to study English management, Citibank’s Liberty Avenue ees at Lincoln College, a position he has now literature at a premier university was always Branch is intensely focused on serving its cli- held for eighteen years. met with derision and doubts. Yet Julia was ents, customers, and community through Through his position on the Board of Trust- undeterred, and through her determination and branch involvement in events such as the ees, he has worked to provide financial assist- hard work she excelled at her high school and Bangladesh Festival, the Mobile Mexican Con- ance to high school students seeking to attend

VerDate Mar 15 2010 03:21 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 E:\RECORD10\RECFILES\E17JN0.REC E17JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE June 17, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E1145 college but do not have the means to do so. queline and the key to great hospital care was fessor for the Colleges of Arts and Sciences In 1998, with the help of his sister Anna, Ber- always the effective and responsive care given and Engineering at the University of Okla- nie established the Anna and Bernard to patients. Her impact was noticed by pa- homa, Norman campus where he was granted Behrends Endowed Scholarship Fund. This tients and staff. tenure. He later became the Associate Pro- scholarship has provided more than forty stu- Over the 32 years of service to the NYC fessor for the School of Meteorology followed dents with the opportunity to go to college Health and Hospital Corporation there have by having the title of Emeritus Professor of since its creation. He has also been a pioneer been challenges to patient care. Jacqueline Meteorology at the University of Oklahoma, for education through the founding of Logan and her colleagues have had to adapt to Norman campus. Before coming to the Univer- County Voiture 985 of the Forty and Eight changing healthcare/managed care, de- sity of Oklahoma, Dr. Kimpel held positions as Nurses in Training Scholarship, which has creased resources and the perpetual needs of research assistant at the University of Wis- helped over 150 students pursue careers in the patients. The importance of working with consin, Madison and as a lecturer. nursing through financial assistance. the community you are serving to maintain ef- The NSSL is responsible for creating Dopp- All of these accomplishments are examples ficiency has always been significant to Jac- ler weather radar technology that has opened of Bernie’s fervor for service and leadership to queline. She has worked with the Community many doors and eventually led to the creation the Peoria community. Not surprisingly, Bernie Advisory Board, the Auxiliary Board and the of the national NEXRAD, NExt generation is also a lifetime member of many recogniz- Reach Out and Read Program of Greater NY. weather RADar, network which consisted of able organizations such as the American Le- Over the years she planned and coordinated more than 160 radar systems. This has greatly gion, Forty and Eight, Veterans of Foreign many events. The community based event in reduced the number of fatalities that have Wars, American Veterans, Benevolent and 1996 ‘‘Bedford-Stuyvesant Resource Family been caused by tornados. During Dr. Kimpel’s Protective Order of Elks No. 91, Lincoln Ma- Day’’ earned Jacqueline recognition from time there, NSSL conducted scientific and sonic Lodge, Springfield Consistory, Ansar former New York City Public Advocate Mark technological research that upgraded Shrine, Logan County Shrine, and the Legion Green. NEXRAD’s systems. of Honor. Jacqueline is a fourth generation member of Dr. Kimpel worked vigorously to launch the As of today, there are no signs of Bernie the Cornerstone Baptist Church in Brooklyn. Multifunction Phased Array Radar initiative as curbing his service to Peoria. He continues to She is active in the Business and Professional a possible replacement in the future for dedicate his time and energy to educational Women of Cornerstone Baptist Church. She is NEXRAD. He has worked with the NWS service by working with his sister to provide the Financial Secretary for the Bedford Sec- Storm Prediction Center and the Norman the necessary resources to the people of our tion of the National Council of Negro Women Weather Forecast Office to create a Haz- community. Inc., member of the Senior Umbrella Network ardous Weather Testbed to speed up the tran- In summary, Madam Speaker, Bernie of Brooklyn, Unity Democratic Club and a life- sition of new science into operational warning Behrends is an exceptional example of service time member of the Jack and Jill of America, and forecasting decision processes. He has and leadership in our community. His charity Inc., Brooklyn Chapter. Retirement will allow also expanded the NSSL’s radar-based flash and commitment to serving those less fortu- her the time to give generously to her family flood forecasting and water management pro- nate than himself has been a hallmark of his and her community. grams into areas near the coast where inun- life dedicated to being a man for others. Be- Jacqueline has been a devoted wife for 36 dation from land falling tropical storms, hurri- cause educational opportunities are the foun- years to Peter Narine and is the mother of canes and other inclement weather is pos- dation for future success, I believe Bernie’s in- Seth Ramjit Narine and Danielle Melissa sible. credible charity to the people of central Illinois Narine. It is scripture that guides her (Luke Dr. James Kimpel has had a major impact is something to be cherished and celebrated. 12:48) ‘‘To whom much is given much is ex- throughout the state of Oklahoma, and I am I wish Mr. Behrends a very Happy 89th Birth- pected.’’ proud to be from a state where he has contrib- day, and congratulate him on his continued Madam Speaker, I urge my colleagues to uted so much to protecting the lives of so legacy as a community leader. join me in recognizing the achievements of many Americans through his work at the Jacqueline V. Narine. f NSSL. I thank him and all Oklahomans and f Americans. A TRIBUTE TO JACQUELINE V. CONGRATULATIONS ON YOUR f NARINE RETIREMENT JEFF KIMPEL A TRIBUTE TO DAVIS GAYLE, JR. HON. EDOLPHUS TOWNS– HON. DAN BOREN OF NEW YORK OF OKLAHOMA HON. EDOLPHUS TOWNS– IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES OF NEW YORK IN THE HOUSE OF REPRESENTATIVES Thursday, June 17, 2010 Thursday, June 17, 2010 Thursday, June 17, 2010 Mr. TOWNS. Madam Speaker, I rise today Mr. BOREN. Madam Speaker, I am here to in recognition of Jacqueline V. Narine for her congratulate Dr. James ‘‘Jeff’’ Kimpel, on his Mr. TOWNS. Madam Speaker, I rise today many achievements in the health field. retirement after 13 years of federal service as in recognition of Davis Gayle, Jr. for his con- Jacqueline V. Narine is a born and bred director of NOAA’s National Severe Storms tributions to the Brooklyn community. Brooklynite. She is the youngest daughter of Laboratory, NSSL, in Norman, Oklahoma. He Davis Gayle, Jr., the proprietor of Tropical the late Theodore and Marion Holmes. Edu- has been active in advancing the Geosciences Paradise Restaurant and Tropical Paradise cated in the New York City Public School sys- and Meteorology Program in the state of Okla- Ballroom, is one of the most outstanding tem, she nurtured a desire to work in a hos- homa and throughout the nation. businesspeople in the Brooklyn area. Affec- pital community. Jacqueline began in high His career spans not only the academic tionately referred to as Junior, Gayle has dis- school as a hospital volunteer and then moved community, but government service as well. tinguished himself and his establishment. With onto an outstanding professional career within After graduating and earning graduate de- fierce entrepreneurial will and a genuine love the New York City Health and Hospital Cor- grees from the University of Wisconsin, Dr. for people, Junior has taken the business of poration. Kimpel joined the meteorological faculty at the restaurants to new heights and has trans- In 1977, Jacqueline joined NYC Health and University of Oklahoma, where he earned the formed the Tropical Paradise franchise into a Hospital Corporation with the Finance Depart- rank of full professor and held several admin- veritable cultural center. ment at Cumberland Hospital as a Hospital istrative positions which include dean of the Tropical Paradise Restaurant and Tropical Care Investigator. Her work style and commit- College of Geosciences and provost and sen- Paradise Ballroom are located in the heart of ment were soon acknowledged and she was ior vice president of the Norman, Oklahoma the Utica Avenue metropolis. The restaurant promoted to Systems Analyst in Outpatient campus and having the title of senior vice opened on September 8, 2001 and offers a Billing. This phenomenal experience led to her president of the Norman campus. He chaired wide range of West Indian dishes. In addition position as the Assistant Director for Clinical both the National Science Foundation’s Advi- to being frequented by top artists, Tropical Operations, with responsibilities in several dif- sory Committee for Atmospheric Sciences and Paradise is now well known in the community ferent capacities at this North Brooklyn Health the Board of Trustees of the University Cor- as a nurturing ground for new artists. The Network, including the oversight, management poration for the Atmospheric Sciences. Tropical Paradise Ballroom opened on No- and budget for Ambulatory Care Services. Some of the prestigous positions that have vember 8, 2008. The large ballroom with its However, the most significant aspect for Jac- been held by Dr. Kimpel include Assistant Pro- mirror walls and beautiful chandeliers has

VerDate Mar 15 2010 03:21 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00019 Fmt 0626 Sfmt 9920 E:\RECORD10\RECFILES\E17JN0.REC E17JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE E1146 CONGRESSIONAL RECORD — Extensions of Remarks June 17, 2010 quickly become the ‘‘In place’’ for weddings, the Oakhurst Area Office was formed in 2003, link the best of western rationality and the birthday parties, and community events. Officer DenBeste was assigned to that office. democratic tradition to the need to be filled Junior, American born of Honduran parent- Officer DenBeste has been married to his with the Holy Spirit. age, started in business in 1979 working in his wife, Leisa, for thirty-three years. They have Madam Speaker, I urge my colleagues to father’s meat market. He continued to learn two children, Justin and Melissa. join me in recognizing the contributions of and absorb all that he could about the busi- Madam Speaker, I rise today to commend Reverend Dr. Mark V. C. Taylor. ness from his father while pursuing his own and congratulate Todd DenBeste for his tre- f career path. In 1988, he joined the New York mendous service to the state of California City Department of Corrections. As a correc- upon his retirement from the California High- TRIBUTE TO WARREN BAKER tions officer for 13 years, Junior worked the way Patrol. I invite my colleagues to join me night shift at the Anna M. Kross Center, which in wishing Officer DenBeste many years of HON. KEVIN McCARTHY is the largest correctional facility on Rikers Is- continued success. OF CALIFORNIA land. By day, he continued to help his father f IN THE HOUSE OF REPRESENTATIVES build one of the best known meat markets in Thursday, June 17, 2010 Brooklyn. A TRIBUTE TO REVEREND DR. By 1994, Junior was ready and fully pre- MARK V. C. TAYLOR Mr. MCCARTHY of California. Madam pared to take on business ownership for him- Speaker, I rise today to honor Warren J. self. Taking a leave of absence from the De- HON. EDOLPHUS TOWNS– Baker, an educational leader from San Luis partment of Corrections, he opened the Ave- OF NEW YORK Obispo, California, which I represent, on his nue D Meat Market. This business continues IN THE HOUSE OF REPRESENTATIVES retirement after nearly a half century of service to higher education, including the past 31 to be one of the most successful in the area. Thursday, June 17, 2010 His love and concern for his community was years as the President of California Poly- evident in1983 when Junior became an Auxil- Mr. TOWNS. Madam Speaker, I rise today technic State University, San Luis Obispo, Cal iary Police Officer at the 67th precinct. Now, in recognition of Reverend Dr. Mark V. C. Tay- Poly. as a restaurant owner, he continues to give lor for his dedication to his faith and tireless A geotechnical engineer by training, Warren back to the community. He does so by gra- service to his community. has had many experiences that helped en- ciously supporting cultural events in the area Reverend Dr. Mark V. C. Taylor is a native hance his leadership abilities before joining by providing courtesy backstage catering. of Chicago, Illinois. He was licensed in 1978 Cal Poly as President, including teaching at Every Christmas, Junior and Tropical Paradise and ordained in 1979 at the Living Hope Bap- the University of Detroit as a Chrysler Pro- produce a cultural show that has become a tist Church in Chicago under the leadership of fessor, and later serving as Dean of the Col- calendar event in the Brooklyn West Indian Rev. James F. Jordan. From 1978 to 1981 he lege of Engineering and Vice President for Community. attended the Faith Temple Church of God in Academic Affairs. As a role model, Junior willingly shares his Christ under the leadership of Bishop Carliss Warren became the Cal Poly President in personal credo with young people. ‘‘Anything L. Moody, who was one of the participating 1979. Throughout his tenure, he initiated many you desire in life can be achieved with hard ministers at Dr. Taylor’s ordination in 1979. improvements at the University, raising Cal work and education,’’ he says. Junior’s com- Dr. Taylor received his B.A. in History from Poly’s profile, particularly in the fields of Archi- mitment to excellence and community service Northwestern University, Master’s of Divinity in tecture, Agriculture and Engineering. Under has been recognized and rewarded with sev- Theology and Church History, Master’s of Phi- Warren’s leadership, the educational opportu- eral awards including the ‘‘Men of Distinction losophy in Church History and a Ph.D. in nities of students significantly expanded with Award’’ from former State Senator Mary Church History from Union Theological Semi- the addition of 20 new majors and 72 minors Markowitz in 2001 and a Community Service nary in New York. and 15 new master’s degree programs. In ad- Award from New York Tabernacle Church. Dr. Taylor is currently the Pastor at The dition, over this period Cal Poly established Junior is married to Joanne Gayle and is the Church of the Open Door in Brooklyn, New the Irrigation Training and Research Center, proud father of two daughters, Leonie and York where he has developed several new the Environmental Biotechnology Institute, the Jasmine. programs; a Council of Ministries, including Dairy Products Technology Center, the Col- Madam Speaker, I urge my colleagues to nine ministries specifically addressing the laborative Agent Design Research Center, and join me in recognizing the achievements of needs of the community and Black Male Em- the Brock Institute for Agricultural Communica- Davis Gayle, Jr. phasis Sundays. He has developed an exten- tion. Throughout his tenure, Warren and his f sive outreach ministry through outdoor serv- team found creative ways to support student ices. He works closely with the youth and con- success, including funding $1 billion in state- HONORING TODD DENBESTE ducts a monthly bible study where the youth of of-the art laboratories, buildings and other fa- the church openly discuss pertinent issues of cilities establishing Cal Poly as one of the na- HON. GEORGE RADANOVICH the day and how they relate to the Word of tion’s premier comprehensive polytechnic uni- OF CALIFORNIA God. versities. IN THE HOUSE OF REPRESENTATIVES Recently he has formed a Bible Institute, Always seeking to provide for Cal Poly’s fu- which seeks to provide a pleasurable and in- ture, Warren’s leadership of the University’s Thursday, June 17, 2010 formative encounter with the Word of God. He first-ever comprehensive fundraising campaign Mr. RADANOVICH. Madam Speaker, I rise has sponsored a new church school cur- was the most successful in the history of the today to congratulate Todd DenBeste upon his riculum and a new summation of the Church’s California State University system. Cal Poly retirement from the California Highway Patrol, Doctrine called the Doctrine of Christian has the largest endowment among the CSU’s Oakhurst Area Office. Officer DenBeste will of- Wholism. He is very active and can often be 23 campuses. He also created the President’s ficially retire June 30, 2010, after twenty-eight found at public hearings and in community Cabinet where leaders from industry, govern- years of service. A party will be held in his meetings. ment, and community act as an advisory honor on Saturday, June 26, 2010 in Dr. Taylor has published many articles and board to help the University determine stra- Oakhurst, California. his dissertation was titled ‘‘Godless Spots in tegic educational and financial plans. Officer Todd DenBeste graduated from Paradise: Social Christianity and Public Hous- Perhaps Warren’s most enduring contribu- West High School in Torrance, California. ing 1932–1955’’. His most recent publication tion to Cal Poly’s excellence has been his Upon graduating from high school, he worked titled, ‘‘In Times Like These: Sermons of steadfast support for—and careful nurturing in the private sector until he was appointed to Christian Power for Post-Modern Urban Amer- of—the University’s renowned ‘‘learn-by-doing’’ the California Highway Patrol academy in ica’’, is an uplifting collection of his sermons educational experience, which attracts stu- 1982. Upon completing the academy, he was dealing with today’s issues. dents from all around the country. This learn- immediately placed in the South Los Angeles Dr. Taylor also is an evangelist. In addition ing approach requires students to apply class- Area Office, where he was later assigned to to outdoor services in the community sur- room theory to real-world problems. Employ- the motor squad. Officer DenBeste served in rounding the church, he preaches at many ers from a broad array of America’s most South Los Angeles for nine years. local congregations and has preached in prestigious companies aggressively recruit Cal In December 1991, Officer DenBeste was churches from New York to Los Angeles. Dr. Poly students because they graduate with transferred to the California Highway Patrol Taylor defines the focus of his ministry as real-world experience and can contribute inno- Resident Post in Oakhurst, California. When ‘‘Progressive Pentecostalism,’’ the attempt to vative solutions to complex problems.

VerDate Mar 15 2010 03:21 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00020 Fmt 0626 Sfmt 9920 E:\RECORD10\RECFILES\E17JN0.REC E17JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE June 17, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E1147 It’s no wonder that under Warren’s leader- and quick rapport with constituents, her co- tions to this country. Many of us would not be ship Cal Poly has been recognized as one of workers and virtually anyone she meets. here without their efforts. For 101 years the the best public universities in the United It’s been a pleasure having Amy on our National Association for the Advancement of States for 17 consecutive years by U.S. News staff. While my staff and I are sad to see her Colored People has consistently and effec- and World Report. go, we’re fortunate that she won’t be going far. tively pressed for total racial equality and in- Educational advancement is a central pri- Amy will be moving on to the office of my col- clusion and I urge my colleagues to support ority for Warren, even in his private life. He is league Mr. LINCOLN DAVIS of Tennessee’s this resolution, and recognize the 101st anni- one of the longest serving members of the Fourth Congressional District, where she also versary of the NAACP. California Council for Science and Tech- has family roots. I hope Mr. DAVIS and his f nology. He also co-chairs the Business Higher staff appreciate how lucky they are to have Education Forum’s Science Technology Engi- her. A TRIBUTE TO VERNART JENKINS neering and Mathematics (STEM) initiative Amy, I thank you for your hard work and that is responsible for two significant reports good advice, and I wish you all the best in HON. EDOLPHUS TOWNS– on K–12 science and math education. Addi- your continued service to the Volunteer State. OF NEW YORK tionally, Warren co-chairs a California STEM f IN THE HOUSE OF REPRESENTATIVES education planning initiative and is a member HONORING THE NAACP ON ITS Thursday, June 17, 2010 of the Board of Governors of the U.S.-Mexico 101ST ANNIVERSARY Science Foundation, which promotes pro- Mr. TOWNS. Madam Speaker, I rise today grams in technology, research, science, math SPEECH OF in recognition of Vernart Jenkins for his dedi- and engineering education for both countries. cation and service to his faith and community. President Ronald Reagan appointed him to HON. HENRY C. ‘‘HANK’’ JOHNSON, JR. Vernart Jenkins was born and raised in OF GEORGIA serve on the National Science Board and the Brooklyn, NY. He was educated in the New IN THE HOUSE OF REPRESENTATIVES U.S. Agency for International Development York Public Schools and graduated from Board for International Food and Agricultural Wednesday, June 16, 2010 Tilden High School and New York Technical Development. Mr. JOHNSON of Georgia. Mr. Speaker, College. Dedicated to serving his community, War- today I rise in support of H. Con. Res. 242, Mr. Jenkins is the oldest of three sons to ren’s leadership at California Polytechnic State Honoring and Praising the National Associa- Eddie and Victoria Jenkins; his two brothers University will be sorely missed and difficult to tion for the Advancement of Colored People are Curtis and Ronald Jenkins. He is married replace, but his well-deserved retirement will on the occasion of its 101st anniversary. I to the love of his life, Althea Walls Ronald give him the ability to spend more time with would also like to commend Representative Jenkins, and he is the father of two daughters, his wife Carly Fitzsimons Baker, their family GREEN, the sponsor of this resolution, for his Zetorea and Aleshia. and their friends. Warren’s level of dedication commitment to recognizing the accomplish- Mr. Jenkins was born and raised in the to higher education continues to be exempli- ments of this historic organization. I urge my Berean Baptist Church and has been a mem- fied through his commitment to remain active colleagues to support this resolution praising ber for fifty years. He has been a member of at Cal Poly and in the California State Univer- this venerable institution. the Sunday School Department most of his sity System. I commend his service in San In 1905, a group of Jewish and African- life, and is presently the Superintendent of the Luis Obispo, and I know that Warren will enjoy American leaders came together to discuss Adult Department. He has been a part of the this next chapter of his life. the injustices faced by African-Americans and Usher’s Ministry for almost fifty years. He is f possible solutions. The group led by renowned presently a Supervisor of the Junior Usher scholar and sociologist W.E.B Du Bois was Board. Additionally, for the past five years, he HONORING AMY R. TAYLOR FOR known as the Niagara Movement. Du Bois has served as one of the worship leaders at HER SERVICE TO TENNESSEE’S said at that time that, ‘‘[t]he problem of the the Berean Gardens Wednesday noonday SIXTH CONGRESSIONAL DIS- twentieth century is the problem of the color prayer service. TRICT line’’. The goal of the Niagara Movement and He has spent 15 years in finance and loan its successor the NAACP was to erase that companies. He has been employed by the HON. BART GORDON color line. New York City Transit Authority as a con- OF TENNESSEE In its earliest years the NAACP fought ductor for 23 years. In 1998, he was ordained IN THE HOUSE OF REPRESENTATIVES against the racist Jim Crow laws of the south as a deacon at the Berean Church. and campaigned for equal access to voting, Finally, he accepted Jesus Christ into his Thursday, June 17, 2010 housing, and education. The organization’s life and began to travel a road less traveled, Mr. GORDON of Tennessee. Madam dedication to overturn the ‘‘separate but committing himself to be a good husband and Speaker, today I rise to honor Amy Taylor and equal’’ doctrine culminated in the unanimous father and follow his favorite verse, Proverbs thank her for her tremendous service to Ten- 1954 Supreme Court decision in Brown v. 3:5, 6. nessee’s Sixth Congressional District. After Board of Education of Topeka, which declared Madam Speaker, I urge my colleagues to serving as my executive assistant for 4 years, state-sponsored segregation of elementary join me in recognizing Vernart Jenkins. Amy is leaving for a new position on Capitol schools to be unconstitutional. During the Civil f Hill. Rights era the NAACP’s unrelenting appeals Amy first came to my office as a summer in- for voting reform culminated in the signing of RECOGNIZING THE 175TH ANNIVER- tern in 2005 when she was still an English the 1964 Civil Rights Act and the 1965 Civil SARY OF THE CITY OF MAR- major at Middle Tennessee State University, Rights Act into law. SEILLES, IL my alma mater. It was clear to me and to my Some critics of the NAACP now see the or- staff that she was bright, capable and eager to ganization as unnecessary and ineffective in HON. DEBORAH L. HALVORSON learn more about the inner workings of Con- today’s post-racial world. I respond to that crit- OF ILLINOIS gress. icism with these words: the color line that IN THE HOUSE OF REPRESENTATIVES When her internship ended, we didn’t forget W.E.B. DuBois fought against 101 years ago, Thursday, June 17, 2010 her skill for the work of the congressional of- still exits today. Yes, we are living in a time fice and her loyalty to her Middle Tennessee when our country has its first African-American Mrs. HALVORSON. Madam Speaker, I rise roots. When a position became open in the of- president; but we are also living in a time today to recognize the city of Marseilles, Illi- fice around the time Amy was graduating, I when African-Americans are on the whole nois as it celebrates its 175th Anniversary this was happy she accepted and made the move underrepresented in governmental leadership month. Marseilles, founded in 1835 by settlers to Washington. Throughout her time here, she positions. We also live in a time in which Afri- on little more than a dream and a few acres has brought remarkable capability, talent and can-Americas account for nearly 51 percent of of land, commemorates a history of growth good humor to a challenging job. all new HIV/AIDS cases. Progress has clearly and prosperity that has turned it into the beau- Madam Speaker, I simply can’t say enough been made, but we have a lot of work to do tiful community that it is today. about the outstanding job Amy has done while and the NAACP continues to champion better The city’s history began in 1835 when a working in my office. Her knowledge of the life for all citizens. man named Lovel Kimball saw the great po- district has been a great asset, and her posi- Mr. Speaker it is imperative that we recog- tential of the city, naming it Marseilles after the tive attitude has enabled her to have a good nize this landmark organization for its contribu- city in France that embodied the industrial

VerDate Mar 15 2010 03:21 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00021 Fmt 0626 Sfmt 9920 E:\RECORD10\RECFILES\E17JN0.REC E17JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE E1148 CONGRESSIONAL RECORD — Extensions of Remarks June 17, 2010 center that he wished to establish. Founded sponse, Israel imposed a blockade of Gaza to opportunities for redefining midsize ballet com- on the banks of the mighty Illinois River and prevent weapons from reaching the hands of panies in the nation. Ballet Memphis’ perform- later near the Illinois Michigan Canal, the early terrorists to be used to maim and kill innocent ance this week at The Kennedy Center will settlement was full of promise with the capac- Israeli citizens. By implementing this policy bring nationwide attention to dance companies ity to become a center of manufacturing and and stemming the ability of Hamas to carry of similar size and talent. industry. Today that same river still plays an out acts of terrorism, Israel not only saved Ballet Memphis will take to the Kennedy integral part in the industrial and recreational lives in Israel, but also has saved lives in Center main stage performing their 2007 origi- life of Marseilles. Gaza. nal piece ‘‘In Dreams’’ choreographed by Trey Always a center for innovation and promise, Had this flotilla truly been about providing McIntyre and set to music recorded at Mem- the men and women who have called Mar- humanitarian aid to Gaza, why did they not phis’ Sun Studio by Roy Orbison. Mrs. Pugh’s seilles home have gone on to make great con- accept Israel’s offer to let the ships dock at an choreographers reflect the musical and literary tributions to their country and their fellow man. Israeli port, be inspected, and then proceed history of Memphis and merge both rock-and- Solomon Bell, the inventor of the original reap- over land to Gaza? Based on the flotilla’s ac- roll and soul music to bring to the forefront the er that transformed the agricultural industry tions, it seems the political mission of attempt- importance of all humanity living together. Mrs. worldwide, began his career in Marseilles and ing to break the Israeli blockade was of higher Pugh stated ‘‘this is a really good piece for us today this community is well equipped to nur- priority than the humanitarian mission of pro- to perform because it sets us apart in terms of ture the next generation of inventors, scientists viding aid to Gaza. the different ways we create work to reflect and leaders. The State of Israel is one of the United the community.’’ The people of Marseilles have a rich history States’ staunchest allies, and our two nations Through their commitment to hard work and of service to their country. Soldiers and war have enjoyed a special relationship since the outstanding performances, Ballet Memphis heroes from nearly every major war in the founding of the State of Israel over sixty years has built a distinguished name of which they past century have spent their time in Mar- ago. can be justly proud. Madam Speaker, I ask my seilles and many have found their final resting Over the course of this relationship, the colleagues to join me today in congratulating place here. Mothers and fathers have sent United States has proudly and unwaveringly Ballet Memphis for their many accomplish- their sons and daughters to fight for our coun- stood by our friend and ally, Israel. We should ments and for being invited to perform in ‘‘Bal- try’s freedom for generations and the commu- and must continue to do so now. let Across America II.’’ nity of Marseilles has shown a unique dedica- f f tion to honoring our veterans and remem- bering our fallen heroes. CONGRATULATING BALLET MEM- IN RECOGNITION OF THE DEDICA- On June 19th, 2004, Marseilles became PHIS ON THEIR PERFORMANCE TION OF THE EBENEZER MIS- home to the Middle East Conflicts Memorial AT THE KENNEDY CENTER SIONARY BAPTIST CHURCH FAM- Wall. This Wall is the only memorial in the ILY LIFE CENTER United States dedicated solely to honoring the HON. STEVE COHEN servicemen and women who have lost their OF TENNESSEE HON. MICHAEL C. BURGESS lives fighting in wars in the Middle East since IN THE HOUSE OF REPRESENTATIVES OF TEXAS 1979. As an ardent supporter of all veterans, IN THE HOUSE OF REPRESENTATIVES I am especially proud of Marseilles for this Thursday, June 17, 2010 fact. Mr. COHEN. Madam Speaker, I rise today Thursday, June 17, 2010 Since its founding 175 years ago, Marseilles to congratulate Ballet Memphis for their invita- Mr. BURGESS. Madam Speaker, I rise has become a community that takes pride in tion to perform as part of ‘‘Ballet Across Amer- today to recognize the Dedication of the Ebe- its schools, its beautiful churches, its hard ica II’’ at the John F. Kennedy Center for the nezer Missionary Baptist Church Family Life workers, and its atmosphere of friendliness Performing Arts in Washington, D.C. on June Center. and family. This character is what brings Mar- 17 and 19, 2010. This will be Ballet Memphis’ Located within the predominantly African seilles into its 175th year as a thriving, vibrant debut performance at the Kennedy Center and American ‘‘Stop Six’’ Neighborhood of South- community and I am confident that it will con- it will be the first Tennessee dance company east Fort Worth, the Center will help meet tinue to carry on this legacy for many years to to perform on the main stage. Ballet Memphis challenges in relation to social, educational come. joins eight notable dance companies from and cultural service needs of the community. f around our nation to take part in the second The new 15,000 square-foot structure is installment of this week-long production. named to honor two former Pastors of the STANDING IN SUPPORT OF ISRAEL Dorothy Gunther Pugh founded Ballet Mem- Ebenezer Missionary Baptist Church, Rev- phis in 1986 as Memphis Concert Ballet and erends Houston and Lockett, and will serve as HON. JEB HENSARLING currently serves as Artistic Director. Ballet a multi-purpose center. With the efforts of non- OF TEXAS Memphis began as a company with two pro- profit organizations, the Center intends to de- IN THE HOUSE OF REPRESENTATIVES fessional dancers and an operating budget of velop programs to address challenges such as $75,000. Now in its 23rd season, it employs illiteracy, job assistance programs and health Thursday, June 17, 2010 16 dancers, trains 700 students, tours local needs such as the high infant mortality rates Mr. HENSARLING. Madam Speaker, I come schools and has an operating budget of $3.3 and other needs faced by the surrounding to the floor today to express my strong sup- million. The company performs at various community. port for the State of Israel, adding my voice venues in Memphis including the Orpheum The Family Life Center will help improve the alongside that of the millions of Americans Theatre, the newly renovated Playhouse on quality of life across a multi-generational spec- who support the State of Israel. the Square and their own award-winning stu- trum. The area’s children will find education in On May 31, Israeli forces took military ac- dio in East Memphis. Art, Music and Dance. Seniors will find it a tion and boarded six ships in a flotilla that was Ballet Memphis has had the distinct honor place of assistance, and families as a whole attempting to break the Israeli blockade of of performing at various festivals around the can participate in recreational activities to Gaza. No matter how regrettable the loss of world. They have performed as part of the In- enjoy quality time together. life may be in this incident, it does not change side/Out Series at Jacob’s Pillow Dance Fes- I am honored to congratulate Reverend the underlying fact that Israel has a right to tival in Becket, Massachusetts, Spring to Bruce Datcher and the Congregation of Ebe- defend herself, and in this case was exer- Dance in St. Louis and the Joyce Theater in nezer Missionary Baptist Church for their new cising it. New York. Ballet Memphis has performed in addition and commitment to South East Fort When Hamas seized control of Gaza, this productions in Paris and Quebec as well. Rec- Worth. It is my pleasure to extend my best terrorist organization used it as a base of op- ognized by the Ford Foundation as a ‘‘national wishes for success in their mission as they erations from which to commit acts of ter- treasure,’’ the Andrew W. Mellon Foundation seek to meet the physical, mental, social and rorism against Israel and her citizens. In re- awarded Ballet Memphis a grant to explore emotional needs of the community.

VerDate Mar 15 2010 03:21 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00022 Fmt 0626 Sfmt 9920 E:\RECORD10\RECFILES\E17JN0.REC E17JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE Thursday, June 17, 2010 Daily Digest Senate DeMint motion to refer the House Message to ac- Chamber Action company H.R. 4213, to the Committee on Finance Routine Proceedings, pages S5051–S5140 with instructions. Pages S5084–96 Measures Introduced: Ten bills and two resolu- During consideration of this measure today, Senate tions were introduced, as follows: S. 3501–3510, S.J. also took the following action: By 41 yeas to 57 nays (Vote No. 193), three-fifths of those Senators duly Res. 33, and S. Res. 560. Page S5112 chosen and sworn, not having voted in the affirma- Measures Passed: tive, Senate rejected to the motion to waive pursuant Proposed Constitution of the United States Vir- to section 904 of the Congressional Budget Act of gin Islands: Senate passed S.J. Res. 33, to provide 1974 and section 4(g)(3) of the Statutory Pay-As- for the reconsideration and revision of the proposed You-Go Act of 2010, all applicable provisions of constitution of the United States Virgin Islands to those Acts and applicable budget resolutions, with correct provisions inconsistent with the Constitution respect to Thune/McConnell Modified Amendment and Federal law. Pages S5138–40 No. 4376 (to Amendment No. 4369), in the nature of a substitute. Subsequently, the Chair sustained a House Messages: point of order against section 701 of Thune/McCon- American Jobs and Closing Tax Loopholes Act: nell Modified Amendment No. 4376 (to Amend- Senate continued consideration of the amendment of ment No. 4369) as being in violation of section 403 the House of Representatives to the amendment of of S. Con. Res. 13, the concurrent resolution on the the Senate to H.R. 4213, to amend the Internal budget for fiscal year 2010, and the amendment was Revenue Code of 1986 to extend certain expiring withdrawn. (A unanimous-consent agreement was provisions, taking action on the following amend- reached on Tuesday, June 15, 2010, providing that ments proposed thereto: Pages S5054–65, S5071–98 the waiver, having failed, the amendment be with- Withdrawn: drawn). Pages S5064–65 Thune/McConnell Modified Amendment No. By 56 yeas to 40 nays (Vote No. 194), three-fifths 4376 (to Amendment No. 4369), in the nature of of those Senators duly chosen and sworn, not having a substitute. Pages S5055–65 voted in the affirmative, Senate rejected the motion Pending: to close further debate on the motion to concur in the House amendment to the Senate amendment to Baucus motion to concur in the amendment of the the bill, with Baucus Amendment No. 4369 (to the House to the amendment of the Senate to the bill, amendment of the House to the amendment of the with Baucus Amendment No. 4369 (to the amend- Senate to the bill), in the nature of a substitute. ment of the House to the amendment of the Senate Page S5096 to the bill), in the nature of a substitute. Page S5054 A unanimous-consent agreement was reached pro- Coburn Amendment No. 4331 (to Amendment viding that the next 4 amendments in order to the No. 4369), to pay for the cost of this act by reduc- Baucus motion to concur with an amendment be the ing wasteful, inefficient, excessive and duplicative following and that they be subject to a 60 vote government spending. Pages S5076–77 threshold, and that if the amendment achieves 60 Casey/Brown (OH) Amendment No. 4371 (to votes it be agreed; and if the amendment does not Amendment No. 4369), to provide for the extension achieve 60 votes, it be withdrawn; provided that of premium assistance for COBRA benefits. there be 2 minutes of debate equally divided in the Pages S5077–82 usual form prior to each vote, and that after the first LeMieux Amendment No. 4300 (to Amendment vote, succeeding votes be limited to 10 minutes; No. 4369), to establish an expedited procedure for provided further, that no intervening amendments be consideration of a bill returning spending levels to in order during the consideration of these amend- 2007 levels. Pages S5082–84 ments: Casey Amendment No. 4371, Coburn D687

VerDate Mar 15 2010 03:26 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\RECORD10\RECFILES\D17JN0.REC D17JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE D688 CONGRESSIONAL RECORD — DAILY DIGEST June 17, 2010 Amendment No. 4331, Whitehouse Modified Amendment No. 4324, and LeMieux Amendment Committee Meetings No. 4300. Page S5076 (Committees not listed did not meet) Message from the President: Senate received the following message from the President of the United RURAL ENERGY SAVINGS PROGRAM ACT States: Transmitting, pursuant to law, a report of the Committee on Agriculture, Nutrition, and Forestry: Sub- continuation of the national emergency that was de- committee on Energy, Science and Technology con- clared in Executive Order 13159 of June 21, 2000, cluded a hearing to examine S. 3102, to amend the with respect to the risk of nuclear proliferation cre- miscellaneous rural development provisions of the ated by the accumulation of weapons-usable fissile Farm Security and Rural Investment Act of 2002 to material in the territory of the Russian Federation; authorize the Secretary of Agriculture to make loans which was referred to the Committee on Banking, to certain entities that will use the funds to make Housing, and Urban Affairs. (PM–63) Page S5111 loans to consumers to implement energy efficiency measures involving structural improvements and in- Nominations Received: Senate received the fol- vestments in cost-effective, commercial off-the-shelf lowing nominations: technologies to reduce home energy use, after receiv- James Emanuel Boasberg, of the District of Co- ing testimony from Senator Merkley; Nivin lumbia, to be United States District Judge for the Elgohary, Acting Assistant Administrator, Rural District of Columbia. Utilities Service, Electric Program, Department of Amy Berman Jackson, of the District of Colum- Agriculture; Kent Singer, Colorado Rural Electric bia, to be United States District Judge for the Dis- Association, Denver; and William C. Hanesworth, trict of Columbia. Rheem Manufacturing Company, Fort Smith, Arkan- Sue E. Myerscough, of Illinois, to be United States sas. District Judge for the Central District of Illinois. James Thomas Fowler, of Tennessee, to be United NEW START TREATY States Marshal for the Eastern District of Tennessee for the term of four years. Committee on Armed Services: Committee concluded a Craig Ellis Thayer, of Washington, to be United hearing to examine treaty between the United States States Marshal for the Eastern District of Wash- of America and the Russian Federation on Measures ington for the term of four years. Page S5140 for the Further Reduction and Limitation of Stra- tegic Offensive Arms, signed in Prague on April 8, Messages from the House: Page S5111 2010, with Protocol (Treaty Doc.111–05), and the Measures Referred: Page S5111 implications for national security programs, after re- Executive Communications: Pages S5111–12 ceiving testimony from Hillary Rodham Clinton, Secretary of State; Robert M. Gates, Secretary, and Executive Reports of Committees: Page S5112 Admiral Michael G. Mullen, USN, Chairman of the Additional Cosponsors: Pages S5112–13 Joint Chiefs of Staff, both of the Department of De- Statements on Introduced Bills/Resolutions: fense; and Steven Chu, Secretary of Energy. Pages S5113–14 AIRLINE INDUSTRY CONSOLIDATION Additional Statements: Pages S5107–11 Committee on Commerce, Science, and Transportation: Amendments Submitted: Pages S5115–37 Committee concluded a hearing to examine the fi- Notices of Hearings/Meetings: Page S5137 nancial state of the airline industry and the implica- Authorities for Committees to Meet: tions of consolidation, after receiving testimony from Pages S5137–38 Susan L. Kurland, Assistant Secretary of Transpor- Privileges of the Floor: Page S5138 tation for Aviation and International Affairs; Glenn F. Tilton, UAL Corp., and Daniel McKenzie, Hud- Record Votes: Two record votes were taken today. son Securities, both of Chicago, Illinois; Jeffery (Total—194) Page S5065, S5096 Smisek, Continental Airlines, Inc., Houston, Texas; Adjournment: Senate convened at 9:30 a.m. and Robert Roach, Jr., International Association of Ma- adjourned at 8:38 p.m., until 9:45 a.m. on Friday, chinists and Aerospace Workers, Upper Marlboro, June 18, 2010. (For Senate’s program, see the re- Maryland; and Charles Leocha, Consumer Travel Al- marks of the Acting Majority Leader in today’s liance, Springfield, Virginia. Record on page S5140.)

VerDate Mar 15 2010 03:26 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\RECORD10\RECFILES\D17JN0.REC D17JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE June 17, 2010 CONGRESSIONAL RECORD — DAILY DIGEST D689 BUSINESS MEETING Chief, Tahlequah, Oklahoma; Mary Jane Oatman- Committee on Commerce, Science, and Transportation: Wak Wak, National Indian Education Association Committee ordered favorably reported the nomina- (NIEA), Washington, D.C.; Mariah Bowers, Klam- tions of John S. Pistole, of Virginia, to be an Assist- ath, California; and David Beaulieu, , ant Secretary of Homeland Security, Earl F. Weener, Wisconsin. of Oregon, to be a Member of the National Trans- portation Safety Board, and a promotion list in the BUSINESS MEETING National Oceanic and Atmospheric Administration. Committee on the Judiciary: Committee ordered favor- ably reported the following business items: NOMINATION S. 258, to amend the Controlled Substances Act Committee on Homeland Security and Governmental Af- to provide enhanced penalties for marketing con- fairs: Committee concluded a hearing to examine the trolled substances to minors, with an amendment in nomination of John S. Pistole, of Virginia, to be As- the nature of a substitute; and sistant Secretary of Homeland Security, after the The nominations of John J. McConnell, Jr., to be nominee testified and answered questions in his own United States District Judge for the District of behalf. Rhode Island, and Pamela Cothran Marsh, to be PROTECTING WORKERS AND BUSINESSES United States Attorney for the Northern District of FROM MISCLASSIFICATION Florida, Peter J. Smith, to be United States Attorney for the Middle District of Pennsylvania, and Kevin Committee on Health, Education, Labor, and Pensions: Anthony Carr, to be United States Marshal for the Committee concluded a hearing to examine pro- Eastern District of Wisconsin, all of the Department tecting workers and businesses affected by of Justice. misclassification, including S. 3254, to amend the Fair Labor Standards Act of 1938 to require persons GULF COAST OIL CLEANUP PROPOSALS to keep records of non-employees who perform labor or services for remuneration and to provide a special Committee on Small Business and Entrepreneurship: Com- penalty for persons who misclassify employees as mittee concluded a hearing to examine harnessing non-employees, after receiving testimony from Seth small business innovation, focusing on navigating D. Harris, Deputy Secretary of Labor; Colleen C. the evaluation process for Gulf Coast oil cleanup Gardner, New York State Department of Labor proposals, after receiving testimony from Rear Admi- Commissioner, Albany; Frank Battaglino, Metro Test ral Ronald Rabago, Assistant Commandant for Ac- & Balance, Inc., Capitol Heights, Maryland, on be- quisition, United States Coast Guard, Department of half of Sheet Metal and Air Conditioning Contrac- Homeland Security; Paul Anastas, Assistant Admin- tors’ National Association and the Campaign for istrator, Office of Research and Development, Envi- Quality Construction; Catherine K. Ruckelshaus, ronmental Protection Agency; Kevin Costner, Ocean National Employment Law Project (NELP), New Therapy Solutions, Los Angeles, California; Eric N. York, New York; and Gary Uber, Family Private Smith, Tulane Energy Institute, New Orleans, Lou- Care, Inc., Hobe Sound, Florida, on behalf of Private isiana; Dan Parker, C.I.Agent Solutions, Louisville, Care Association, Inc. Kentucky; Heather E. Baird, MicroSorb Environ- mental Products, Inc., Norwell, Massachusetts; and NO CHILD LEFT BEHIND ACT Carys L. Mitchelmore, University of Maryland Cen- Committee on Indian Affairs: Committee concluded an ter for Environmental Science, Solomons. oversight hearing to examine Indian education, fo- cusing on the No Child Left Behind Act, after re- INTELLIGENCE ceiving testimony from Charles Rose, General Coun- Select Committee on Intelligence: Committee held closed sel, Department of Education; Keith Moore, Direc- hearings on intelligence matters, receiving testimony tor, Bureau of Indian Education, Department of the from officials of the intelligence community. Interior; Chad Smith, Cherokee Nation Principal Committee recessed subject to the call.

VerDate Mar 15 2010 03:26 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\RECORD10\RECFILES\D17JN0.REC D17JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE D690 CONGRESSIONAL RECORD — DAILY DIGEST June 17, 2010 House of Representatives Rejected the Neugebauer motion to recommit the Chamber Action bill to the Committee on Financial Services with in- Public Bills and Resolutions Introduced: 13 pub- structions to report the same back to the House lic bills, H.R. 5549–5561; and 7 resolutions, H.J. forthwith with an amendment, by a recorded vote of Res. 90; and H.Res. 1450–1455 were introduced. 180 ayes to 237 noes, Roll No. 374. Pages H4616–18 Pages H4635–36 Agreed to: Additional Cosponsors: Page H4636 Schrader amendment (printed in H. Rept. 111–508) that authorizes the establishment of the Reports Filed: There were no reports filed today. Small Business Borrower Assistance Program which Suspensions—Proceedings Resumed: The House will create a fund for 7(a) loan borrowers to use if agreed to suspend the rules and agree to the fol- they need help paying the principal or interest pay- lowing measures which were debated on Wednesday, ments of their small business loans; Pages H4611–12 June 16th: Israel amendment (printed in H. Rept. 111–506) that was debated on June 16th that adds veteran- Celebrating the symbol of the United States flag and women- owned businesses to the groups that and supporting the goals and ideals of Flag Day: will receive outreach under the Small Business Lend- H. Res. 1429, to celebrate the symbol of the United ing Fund established by the bill. It adds veteran- States flag and to support the goals and ideals of owned businesses to those businesses that should re- 2 Flag Day, by a ⁄3 yea-and-nay vote of 418 yeas with ceive consideration in the Fund, adds veterans to the none voting ‘‘nay’’, Roll No. 370; Page H4610 study on lending assistance, and requires the study Recognizing the 60th anniversary of the out- to report not just on the number of loans made to break of the Korean War and reaffirming the women-, veteran- and minority-owned businesses, United States-Korea alliance: H.J. Res. 86, to rec- but the percent of loans that go to them as a part ognize the 60th anniversary of the outbreak of the of the program (by a recorded vote of 420 ayes with Korean War and to reaffirm the United States-Korea none voting ‘‘no’’, Roll No. 371); Page H4614 alliance; Page H4618 Cao amendment (printed in H. Rept. 111–506) that was debated on June 16th that provides funding Supporting the goals and ideals of American to eligible institutions that serve small businesses in Education Week: H. Res. 879, amended, to support communities that have suffered negative economic the goals and ideals of American Education Week; effects as a result of the Deepwater Horizon oil spill Page H4632 with particular consideration to States along the Commending and congratulating the Hollywood coast of the Gulf of Mexico (by a recorded vote of Walk of Fame on the occasion of its 50th anniver- 414 ayes with none voting ‘‘no’’ and 1 voting sary: H. Res. 1357, to commend and congratulate ‘‘present’’, Roll No. 372); and Pages H4614–15 the Hollywood Walk of Fame on the occasion of its Miller (NC) amendment (printed in H. Rept. 50th anniversary; and Page H4632 111–508) that expands the definition of ‘‘small busi- Recognizing the 235th birthday of the United ness lending’’ used in the bill to include loans made States Army: H. Con. Res. 286, to recognize the to small business concerns for the purpose of acquir- ing, constructing, or improving industrial, commer- 235th birthday of the United States Army. cial, residential, or farm buildings (by a recorded Page H4632 vote of 418 ayes to 3 noes, Roll No. 373). Small Business Lending Fund Act of 2010: The Pages H4612–13, H4615 House passed H.R. 5297, to create the Small Busi- H. Res. 1448, the rule providing for further con- ness Lending Fund Program to direct the Secretary sideration of the bill, was agreed to by a recorded of the Treasury to make capital investments in eligi- vote of 237 ayes to 179 noes, Roll No. 369, after ble institutions in order to increase the availability the previous question was ordered by a yea-and-nay of credit for small businesses, by a recorded vote of vote of 241 yeas to 179 nays, Roll No. 368. 241 ayes to 182 noes, Roll No. 375. Consideration Pages H4608–10 of the bill began on Wednesday, June 16th. Recess: The House recessed at 4:09 p.m. and recon- Pages H4602–10, H4610–15, H4616–18 vened at 7:28 p.m. Page H4631

VerDate Mar 15 2010 03:26 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\RECORD10\RECFILES\D17JN0.REC D17JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE June 17, 2010 CONGRESSIONAL RECORD — DAILY DIGEST D691 Meeting Hour: Agreed that when the House ad- PUBLIC SAFETY BROADBAND journs today, it adjourn to meet at 11 a.m. on Mon- COMMUNICATIONS day, June 21st, and further, when the House ad- Committee on Energy and Commerce: Subcommittee on journs on that day, it adjourn to meet at 12:30 p.m. Communications, Technology, and the Internet held on Tuesday, June 22nd for morning hour debate. a hearing on a discussion draft to provide funding Pages H4631–32 for the construction and maintenance of a nation- Presidential Message: Read a message from the wide, interoperable public safety broadband network President wherein he notified Congress that the na- and on H.R. 4829, Next Generation 9–1–1 Preser- tional emergency declared with respect to the accu- vation Act of 2010. Testimony was heard from mulation of nuclear material by the Russian Federa- RADM James Arden Barnett, Jr., (ret,), USNR, tion is to continue beyond June 21, 2010—referred Chief, Public Safety and Homeland Security Bureau, to the Committee on Foreign Affairs and ordered FCC; Charles F. Dowd, Deputy Chief, Police Depart- printed (H. Doc. 111–123). Page H4632 ment, New York City; and public witnesses. Senate Message: Message received from the Senate today appears on page S4610. DEEPWATER HORIZON EXPLOSION/OIL Senate Referrals: S.J. Res. 32 was held at the desk. SPILL BP’s ROLE Page H4610 Committee on Energy and Commerce: Subcommittee on Quorum Calls—Votes: Two yea-and-nay votes and Oversight and Investigations held a hearing entitled six recorded votes developed during the proceedings ‘‘The Role of BP in the Deepwater Horizon Explo- of today and appear on pages H4608–09, sion and Oil Spill.’’ Testimony was heard from Tony H4609–10, H4610, H4614, H4614–15, H4615, Hayward, Chief Executive Officer, BP PLC. H4617–18, H4618. There were no quorum calls. Adjournment: The House met at 10 a.m. and ad- HORN OF AFRICA journed at 7:33 p.m. Committee on Foreign Affairs: Subcommittee on Africa Program for Monday: The House will meet in pro and Global Health held a hearing on the Horn of forma session at 11 a.m. Africa: Current Conditions and U.S. Policy. Testi- mony was heard from Ted Dagne, Specialist in Afri- can Affairs, CRS, ; and public Committee Meetings witnesses. U.S. FARM SAFETY NET PROGRAMS SECURE BORDER INITIATIVE NETWORK Committee on Agriculture: Subcommittee on General TESTING Farm Commodities and Risk Management held a Committee on Homeland Security: Subcommittee on hearing to review U.S. farm safety net programs in Management, Investigations, and Oversight, and the advance of the 2012 Farm Bill.. Testimony was Subcommittee on Border, Maritime, and Global heard from James W. Miller, Under Secretary, Farm Counterterrorism continued joint hearings entitled and Foreign Agricultural Services, USDA. ‘‘SBInet: Does It Pass the Border Security Test?’’ Testimony was heard from Randolph C. Hite, Direc- ADMINISTRATION’S EXPEDITED tor, IT Architecture and Systems Issues, GAO; the RESCISSION PROPOSAL following officials of the U.S. Customs and Border Committee on the Budget: Held a hearing on the Ad- Protection, Department of Homeland Security: Mark ministration’s Expedited Rescission Proposal. Testi- Borkowski, Executive Director, Secure Border Initia- mony was heard from Jeffrey Liebman, Acting Dep- tive Program Executive Office; and Michael J. Fish- uty Director, OMB. er, Acting Chief, U.S. Border Patrol; and a public witness. HIGHER EDUCATION ACCREDITING AGENCIES STANDARDS/PRACTICES LAW ENFORCEMENT RACIAL PROFILING Committee on Education and Labor: Held a hearing on SUSPECT CLASSIFICATIONS the Department of Education Inspector General’s Re- Committee on the Judiciary: Subcommittee on the Con- view of Standards for Program Length in Higher stitution, Civil Rights, and Civil Liberties held a Education. Testimony was heard from Kathleen hearing on Racial Profiling and the Use of Suspect Tighe, Inspector General, Department of Education; Classifications in Law Enforcement Policy. Testi- and public witnesses. mony was heard from public witnesses.

VerDate Mar 15 2010 03:26 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\RECORD10\RECFILES\D17JN0.REC D17JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE D692 CONGRESSIONAL RECORD — DAILY DIGEST June 17, 2010

OVERSIGHT—EXECUTIVE OFFICE FOR Crenshaw Boulevard in Los Angeles, California, as IMMIGRATION REVIEW the ‘‘Tom Bradley Post Office Building’’; H. Con. Committee on the Judiciary: Subcommittee on Immi- Res. 288, Supporting National Men’s Health Week; gration, Citizenship, Refugees, Border Security, and and H. Res. 1439, Congratulating the Chicago International Law held an oversight hearing on the Blackhawks on winning the 2010 Stanley Cup Executive Office for Immigration Review. Testimony Championship. was heard from Juan Osuna, Associate Deputy Attor- The Committee also held a hearing entitled: ney General, Immigration Policy, Department of ‘‘Viral Hepatitis: The Secret Epidemic.’’ Testimony Justice; Judge Mark Metcalf, a former Immigration was heard from Representatives Johnson of Georgia, Judge; and a public witness. Cassidy, and Honda; Howard Koh, Assistant Sec- DEEPWATER HORIZON EXPLOSION retary, Health, Department of Health and Human MINERALS MANAGEMENT SERVICE Services; Randy Mayer, Chief, Bureau of HIV, STD, Committee on Natural Resources: Subcommittee on En- and Hepatitis, Department of Public Health, State of ergy and Mineral Resources held an oversight hear- Iowa; and public witnesses. ing entitled ‘‘The Deepwater Horizon Incident: Are the Minerals Management Service Regulations Doing FEDERAL ELECTRONIC RECORDS The Job?’’ Testimony was heard from the following MANAGEMENT officials of the Department of the Interior: Bob Committee on Oversight and Government Reform: Sub- Abbey, Acting Director, Minerals Management Serv- committee on Information Policy, Census, and Na- ice; and Mary Kendall, Acting Inspector General; tional Archives held a hearing entitled ‘‘Federal Elec- Frank Rusco, Director, Natural Resources and Envi- tronic Records Management: A Status Report.’’ Tes- ronment, GAO; and public witnesses. timony was heard from the following officials of the WATER MEASURES U.S. National Archives and Records Administration: Committee on Natural Resources: Subcommittee on David S. Ferriero, Archivist of the United States; and Water and Power held a hearing on the following Paul Wester, Director, Modern Records Programs; bills: H.R. 4719, To establish a Southwest Border David M. Wennergren, Deputy Assistant Secretary, Region Water Task Force; and H.R. 5487, Water Information Management, Integration and Tech- Resources Research Amendments Act of 2010. Testi- nology, Deputy Chief Information Officer, Depart- mony was heard from John Tubbs, Deputy Assistant ment of Defense; Valerie C. Melvin, Director, Infor- Secretary, Water and Science, Department of the In- mation Management and Human Capital Issues, terior; and public witnesses. GAO; and public witnesses. MISCELLANEOUS MEASURES; VIRAL HEPATITIS U.S. EXCLUSIVE ECONOMIC ZONE FOREIGN VESSELS OPERATIONS Committee on Oversight and Government Reform: Ordered reported the following measures: H. Res. 546, Rec- Committee on Transportation and Infrastructure: Sub- ognizing the historical significance of Juneteenth committee on Coast Guard and Maritime Transpor- Independence Day, and expressing the sense of the tation held a hearing on Foreign Vessel Operations House of Representatives that history should be re- in the U.S. Exclusive Economic Zone. Testimony garded as a means for understanding the past and was heard from RADM Kevin Cook, USCG, Direc- more effectively facing the challenges of the future; tor, Prevention Policy, U.S. Coast Guard, Depart- H. Res. 1369, Recognizing the significance of Na- ment of Homeland Security; David T. Matsuda, Act- tional Caribbean-American Heritage Month; H.R. ing Director, Maritime Administration, Department 5341, To designate the facility of the United States of Transportation; and public witnesses. Postal Service located at 100 Orndorf Drive in Brighton, Michigan, as the ‘‘Joyce Rogers Post Of- GSA 2011 CONSTRUCTION— fice Building’’; H.R. 5390, To designate the facility MODERNIZATION LEASING PROGRAM of the United States Postal Service located at 13301 Smith Road in Cleveland, Ohio, as the ‘‘David John Committee on Transportation and Infrastructure: Sub- Donafee Post Office Building’’; H.R. 5395, To des- committee on Economic Development, Public Build- ignate the facility of the United States Postal Service ings, and Emergency Management held a hearing on located at 151 North Maitland Avenue in Maitland, Building Our Way Out of the Recession: GSA’s Florida, as the ‘‘Paula Hawkins Post Office Build- 2011 Construction, Modernization and Leasing Pro- ing’’; H.R. 5450, To designate the facility of the gram. Testimony was heard from David Foley, Dep- United States Postal Service located at 3894 uty Commissioner, Public Buildings Service, GSA.

VerDate Mar 15 2010 03:26 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\RECORD10\RECFILES\D17JN0.REC D17JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE June 17, 2010 CONGRESSIONAL RECORD — DAILY DIGEST D693 RESPONSIBLE FATHERHOOD PROGRAMS promote the financial stability of the United States REVIEW by improving accountability and transparency in the Committee on Ways and Means: Subcommittee on In- financial system, to end ‘‘too big to fail’’, to protect come Security and Family Support held a hearing to the American taxpayer by ending bailouts, to protect evaluate the effectiveness of responsible fatherhood consumers from abusive financial services practices, programs. Testimony was heard from David Hansell, but did not complete action thereon, and will meet Principal Deputy Assistant Secretary, Administration again on Tuesday, June 22nd. for Children and Families, Department of Health f and Human Services; Judge Milton C. Lee, Jr., Mag- istrate Judge, Superior Court of the District of Co- COMMITTEE MEETINGS FOR FRIDAY, lumbia; and public witnesses. JUNE 18, 2010 BRIEFING—COMPARTMENTED PROGRAM (Committee meetings are open unless otherwise indicated) Permanent Select Committee on Intelligence: Met in execu- tive session to receive a briefing on Compartmented Senate Program. The Committee was briefed by depart- No meetings/hearings scheduled. mental witnesses. House Joint Meetings No committee meetings are scheduled. RESTORING AMERICAN FINANCIAL STABILITY ACT Conferees met to resolve the differences between the Senate and House passed versions of H.R. 4173, to

VerDate Mar 15 2010 03:26 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\RECORD10\RECFILES\D17JN0.REC D17JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE D694 CONGRESSIONAL RECORD — DAILY DIGEST June 17, 2010

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:45 a.m., Friday, June 18 11 a.m., Monday, June 21

Senate Chamber House Chamber Program for Friday: Senate will be in a period of morn- Program for Monday: The House will meet in pro ing business. forma session at 11 a.m.

Extensions of Remarks, as inserted in this issue

HOUSE Djou, Charles K., Hawaii, E1140, E1141 Kildee, Dale E., Mich., E1140 Etheridge, Bob, N.C., E1139 McCarthy, Kevin, Calif., E1146 Ackerman, Gary L., N.Y., E1136 Faleomavaega, Eni F.H., American Samoa, E1133, McGovern, James P., Mass., E1132 Akin, W. Todd, Mo., E1140 E1144 Marshall, Jim, Ga., E1135 Alexander, Rodney, La., E1136, E1137 Foster, Bill, Ill., E1130 Oberstar, James L., Minn., E1136 Blumenauer, Earl, Ore., E1135 Gerlach, Jim, Pa., E1128 Pelosi, Nancy, Calif., E1127 Boren, Dan, Okla., E1145 Gordon, Bart, Tenn., E1147 Price, Tom, Ga., E1133 Brady, Kevin, Tex., E1138 Graves, Sam, Mo., E1129, E1130, E1131, E1132, E1132, Radanovich, George, Calif., E1129, E1132, E1136, E1146 Broun, Paul C., Ga., E1134 E1133, E1135, E1135 Schock, Aaron, Ill., E1144 Burgess, Michael C., Tex., E1148 Halvorson, Deborah L., Ill., E1147 Calvert, Ken, Calif., E1143 Hare, Phil, Ill., E1138 Shimkus, John, Ill., E1137, E1138, E1139, E1140 Camp, Dave, Mich., E1129 Hensarling, Jeb, Tex., E1148 Smith, Lamar, Tex., E1130 Cantor, Eric, Va., E1128 Hill, Baron P., Ind., E1135 Towns, Edolphus, N.Y., E1141, E1142, E1142, E1143, Chu, Judy, Calif, E1130 Hirono, Mazie K., Hawaii, E1139 E1143, E1144, E1145, E1145, E1146, E1147 Coble, Howard, N.C., E1142 Jackson Lee, Sheila, Tex., E1127, E1129, E1131, E1134, Van Hollen, Chris, Md., E1131 Cohen, Steve, Tenn., E1128, E1148 E1137 Visclosky, Peter J., Ind., E1141 Conyers, John, Jr., Mich., E1131 Johnson, Eddie Bernice, Tex., E1133 Walden, Greg, Ore., E1142 Courtney, Joe, Conn., E1138 Johnson, Henry C. ‘‘Hank’’, Jr., Ga., E1132, E1135, Woolsey, Lynn C., Calif., E1134 Davis, Danny K., Ill., E1139 E1147 Yarmuth, John A., Ky., E1131

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

VerDate Mar 15 2010 03:26 Oct 09, 2010 Jkt 089060 PO 00000 Frm 00008 Fmt 0664 Sfmt 0664 E:\RECORD10\RECFILES\D17JN0.REC D17JN0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE