January 7, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 1 293 [From the St. Petersburg Times, Jan. 3, 2009] Mr. Moore was known in Pinellas and Hinesley, Moore was persuaded by a former BOISTEROUS AND FITTING FAREWELL across the state for his knowledge of Flor- PCTA president to lobby School Board mem- (By Thomas C. Tobin and Donna Winchester) ida’s budget and politics. He took tough bers for the four votes necessary to remove stances, including pushing for a teacher raise Hinesley. He failed, and to the day he passed CLEARWATER.—He loved roses and Broad- way musicals. He stunk at golf, though he this year even as the district plunged into a away he seemed to regret what he had done. had a whale of a time playing it. deep economic hole. But he maintained a Guerrilla politics were never Moore’s style, He was an optimist, active in his church, collaborative style and an optimistic out- and the failed attempt nearly severed his re- strong in his views. He was a reader and a look. lationship with Hinesley. ‘‘I’ll never go there smiler, a pundit, a partier, a people lover. ‘‘All of us knew that Jade meant what he again,’’ he would say. ‘‘I won’t do it.’’ And when it came to teachers, Jade Thom- said, that ... his views were in support of the The lesson was never lost, and Moore even as Moore—the executive director of the many, not of the few, and that he would al- found himself taking friendly fire as a result. Pinellas teachers union for 34 years—was no ways, no matter what, stand by his beliefs,’’ A splinter group calling itself TUFF-Teach pushover. said the Rev. Victoria ByRoade, a local Pres- emerged in 2001, condemning what it saw as ‘‘He fought hard for them and he loved byterian pastor who eulogized him Saturday. too much coziness between PCTA and school them,’’ Tim Moore said at a memorial serv- ‘‘Jade Moore was a man we could trust.’’ administrators and state lawmakers. But ice for his brother Saturday. ‘‘If you want to [From the St. Petersburg Times, Dec. 20, Moore was unyielding and argued that co- remember Jade, remember that love for 2008] operation, not confrontation, is more pro- teachers.’’ ductive in the long run. In his characteristic A TOUGH, FRIENDLY ADVOCATE Pinellas County’s education and political style, he said: ‘‘You don’t score points by communities turned out in force to remem- (By Jon East) taking a dump on these guys.’’ ber Mr. Moore, who died Dec. 18 at age 61 What made Jade Moore such an institution What I always saw in Moore was an after suffering his second stroke in a year. in Pinellas public education was also what unfailingly sentimental view of public edu- More than 700 people jammed Trinity Pres- made him such an invaluable source to those cation. He would speak wistfully of his own byterian Church in Clearwater for an of us who watched from the sidelines. Moore, days at Clearwater High School and the way hourlong service that recalled his success as who died Thursday after suffering a stroke, such schools can be a gathering place for a family man, his long career as an educator knew his stuff. He believed in what he was children from different walks of life. Nothing and the outgoing personality that endeared doing, and he would never let education ide- got him more emotional than to talk about him to allies and adversaries alike. ology cloud his plain assessment of right and a teacher who had made a difference in a The congregation included state and coun- wrong. And, yes, Moore would speak his child’s life. That was the Sunday school ty officials, legislators, judges, lawyers and mind, usually with blunt, sometimes pro- teacher in Jade. He honestly believed in sav- school system employees of every stripe— fane and often comic effect. ing one soul, one child, at a time. from support workers and teachers to top ad- Moore ran a union with 8,000 teachers and f ministrators and school board members. could throw a punch with the best of them. In keeping with Mr. Moore’s love of food He retaliated to legislative cutbacks in 1991 and celebration, hundreds of mourners recon- RECOGNIZING ROSE RUSSO OF by stuffing what was then called the Florida. vened at union headquarters in Largo for an SPRING HILL, FLORIDA evening of eating, drinking, tears, laughter Suncoast Dome with 15,000 educators and and toasts. supporters holding signs imploring, ‘‘Don’t Guests arrived to a massive potluck $hortchange our Kids.’’ He skewered a HON. GINNY BROWN-WAITE spread, a full bar and a chance to talk about Pinellas School Board that in 1998 voted to OF FLORIDA Mr. Moore for up to three minutes. seek an end to the federal court order on de- IN THE HOUSE OF REPRESENTATIVES A DJ played Broadway hits, popular songs segregation, and then fought a choice plan from the 1950s and ’60s and Mr. Moore’s fa- for student assignment that he viewed as a Wednesday, January 7, 2009 vorite, Blue Moon by the Marcels. retreat. But Moore became a force in edu- Ms. GINNY BROWN-WAITE of Florida. ‘‘The noise is what Jade would want to cation policy for three decades in part be- Madam Speaker, I rise today to honor Rose have happened,’’ his wife, Sue Moore, told cause conflict was not really in his genes and the crowd. ‘‘He would want us talking to was never his first impulse. Russo of Hernando County, Florida. Rose will each other and drinking a whole lot.’’ School boards and superintendents from do something later this year that all of us She offered a toast: ‘‘To the best man I’ve other locales would marvel at the relation- strive to do, but that very few of us will ever known and the best man I will ever know.’’ ship between the Pinellas Classroom Teach- accomplish, celebrate her 100th birthday. Said U.S. Rep. Kathy Castor, D–Tampa: ers Association and the school administra- Rose Russo was born April 11, 1909 on ‘‘He believed in the power of education. He tion. Most contracts through the years were 63rd Street and 1st Avenue in New York City, believed in the power of teachers. He be- signed after friendly collaboration, not New York. Following her schooling in Brook- lieved we could take this state forward.’’ threats and mediation. Moore came to re- lyn, Rose went on to work at the New York Kim Black, president of the Pinellas Class- spect most of the superintendents with room Teachers Association, said Mr. Moore whom he worked, though he remained par- Health Department as a tab-operator. served with her and 12 other presidents dur- tial to Scott Rose for his inspirational style Marrying Anthony Russo, Rose went on to ing his tenure. through the 1980s. Moore managed to develop have two daughters and is now the proud ‘‘Jade has adapted to every one of us,’’ she such strong bonds with school officials that grandmother of nine grandchildren. Her said. ‘‘He has been the constant. When we former superintendent Clayton Wilcox made happiest moments include her 50th wedding were weak, he was strong.’’ the unfortunate mistake upon his arrival in anniversary and touring our beautiful country. She said his favorite part of the job was 2004 of seeing Moore as part of a good ol’ boy visiting schools. Black and Mr. Moore had Rose’s proudest moment was seeing her network that needed to be rooted out. Moore daughter and her grandchildren graduate from been to 40 so far this year and planned many remained as Wilcox left. more visits in the upcoming semester. The Moore persona was a tapestry of color college. In fact, Rose’s youngest grandson ‘‘He was about bringing joy to the work- and contradiction. He would cuss enough to now has his PhD. place,’’ Black said. ‘‘He was about bringing make the timid blush. But he also was a Eventually moving to Hernando County, joy to everybody he knew.’’ County Commissioner Susan Latvala re- Sunday school teacher who really did live by Rose decided to live with family because her called her time on the Pinellas School Board the Golden Rule. Nothing got him angrier daughter and son-in-law didn’t want her to live from 1992 to 2000. than to see teachers be made scapegoats for alone. Today she enjoys relaxing with a book ‘‘I don’t know if I would have survived political causes or to be publicly humiliated and knitting. Her advice to young people is to those eight years without Jade,’’ she told the for private and personal transgressions. But stay in school and get a good education. crowd. ‘‘He would call me to say, ’Susan, he would avoid like the plague defending any teacher who he believed didn’t belong in the Madam Speaker, I ask that you join me in why don’t you come over to the office and honoring Rose Russo for reaching her 100th we’ll have a drink.’ It was never a 15-minute classroom. He was an unabashed liberal conversation.’’ Democrat, but he befriended so many Repub- birthday. I hope we all have the good fortune Upstairs at union headquarters Saturday, licans that he even managed an appointment to live as long as her. from Gov. Charlie Crist to a constitutional Mr. Moore’s office remained as he left it on f Dec. 15, his last day of work. taxation review panel. He could describe, in An avid reader who would polish off a detail, the district cost differential multi- SENATE COMMITTEE MEETINGS plier in the Florida Education Finance Pro- dozen books during vacations to North Caro- Title IV of Senate Resolution 4, lina, he had three books on his desk. gram but much preferred to settle budgetary The titles: I Haven’t Understood Anything policy over a bottle of bourbon. agreed to by the Senate on February 4, since 1962, Educational Conflict in the Sun- Back in the early 1990s, when tensions were 1977, calls for establishment of a sys- shine State and The Language of God. high with then-superintendent Howard tem for a computerized schedule of all

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The Senate met at 10:30 a.m. and was of morning business with Senators al- understanding of and appreciation for called to order by the Honorable MARK lowed to speak for up to 10 minutes the terrible situation that Israel has L. PRYOR, a Senator from the State of each. All Senators are invited to gath- faced. Hamas has been firing rockets Arkansas. er in the Senate Chamber at 12:45 p.m. and mortars into Israel, killing, maim- to proceed to the Hall of the House for ing innocent Israeli citizens for more PRAYER the counting of electoral ballots. The than 8 years. I ask any of my col- The Chaplain, Dr. Barry C. Black, of- joint session will commence at 1 p.m. leagues to imagine that happening here fered the following prayer: The Senate will recess from 3:30 until in the United States, rockets and mor- Let us pray. 4:45 to allow for a special Democratic tars coming from Toronto and Canada Almighty God, before whom the gen- caucus meeting. If none have been to into Buffalo, NY. How would we as a erations rise and pass away, give our the counting of the electoral ballots, it country react? We would react, and we Senators today the provisions of Your is quite historic and interesting, and would react swiftly and quickly. Israel grace. Provide them with the grace of people should consider going to that. has been very patient. Gaza was controlled by Israel since Your comfort to cheer, Your wisdom to f 1967. They, in an effort of extending an teach, Your hand to guide, Your coun- MEASURE PLACED ON THE olive branch to the Palestinians, gave sel to instruct, and Your presence to CALENDAR—S. 22 that territory up willingly. What have inspire. Prosper the works of their Mr. REID. It is my belief that S. 22 is they gotten in return for it? Mortars hands, as You direct their steps. Lord, and rockets fired, by now into the at the desk and due for its second read- show them what needs to be changed thousands. So we would have to react ing. and give them the courage and wisdom as they have done. We would have to The ACTING PRESIDENT pro tem- to do. In all their labors, help them to react to protect our people, and it pore. The clerk will read the bill for strive to fulfill Your purposes for our would not only be our right but an ob- Nation and world. the second time. ligation to do so. That is what the We pray in Your great Name. Amen. The legislative clerk read as follows: Israelis have done. Hamas must stop f A bill (S. 22) to designate certain land as the rocket fire from Gaza into Israel. components of the National Wilderness Pres- That is the simple stated objective of PLEDGE OF ALLEGIANCE ervation System, to authorize certain pro- grams and activities in the Department of Israel. I acknowledge and appreciate The Honorable MARK L. PRYOR led the calls by some or a cease-fire. Cer- the Pledge of Allegiance, as follows: the Interior and the Department of Agri- culture, and for other purposes. tainly we must encourage a peaceful I pledge allegiance to the Flag of the Mr. REID. Mr. President, I object to resolution of the conflict. But we must United States of America and to the Repub- be certain that any cease-fire is sus- lic for which it stands, one Nation under any further proceedings with regard to this legislation. tainable, durable, and enforceable. God, indivisible, with liberty and justice for Our resolution reflects the will of the all. The ACTING PRESIDENT pro tem- State of Israel and the will of the f pore. Objection is heard. The bill will American people. It expresses vigorous APPOINTMENT OF ACTING be placed on the calendar. support and unwavering commitment PRESIDENT PRO TEMPORE Mr. REID. I suggest the absence of a to the welfare, security, and survival of quorum. The PRESIDING OFFICER. The the State of Israel as a Jewish and The ACTING PRESIDENT pro tem- democratic state with secure borders clerk will please read a communication pore. The clerk will call the roll. to the Senate from the President pro and recognizes its right to act in self- The legislative clerk proceeded to defense and to protect its citizens tempore (Mr. BYRD). call the roll. against acts of terrorism. It reiterates The legislative clerk read the fol- Mr. REID. I ask unanimous consent lowing letter: that Hamas must end the rocket and that the order for the quorum call be mortar attacks against Israel, and it U.S. SENATE, rescinded. recognizes Israel’s right to exist, re- PRESIDENT PRO TEMPORE, The ACTING PRESIDENT pro tem- Washington, DC, January 8, 2009. nounce violence, and accept previous pore. Without objection, it is so or- agreements between Israel and the Pal- To the Senate: dered. Under the provisions of rule I, paragraph 3, estinians, which Hamas has certainly of the Standing Rules of the Senate, I hereby f not done even a little bit. It encourages appoint the Honorable MARK L. PRYOR, a SUPPORT FOR ISRAEL IN ITS BAT- the President to work actively to sup- Senator from the State of Arkansas, to per- TLE WITH HAMAS AND THE port a durable, enforceable, and sus- form the duties of the Chair. ISRAELI-PALESTINIAN PEACE tainable cease-fire in Gaza as soon as ROBERT C. BYRD, PROCESS possible that prevents Hamas from re- President pro tempore. taining or rebuilding the capability to Mr. PRYOR thereupon assumed the Mr. REID. Mr. President, I rise to launch rockets against Israel and al- chair as Acting President pro tempore. voice my strong support for a resolu- lows for the long-term improvement of tion in support of Israel that Senator f daily living conditions for the ordinary MCCONNELL and I introduced with a bi- people of Gaza. RECOGNITION OF THE MAJORITY partisan, overwhelming number of Sen- This resolution believes strongly LEADER ators. When we pass this resolution, that the lives of innocent civilians The ACTING PRESIDENT pro tem- the U.S. Senate will strengthen its his- must be protected and all appropriate pore. The majority leader is recog- toric bond with the State of Israel, by measures should be taken to diminish nized. reaffirming Israel’s inalienable right to civilian casualties and that all in- f defend against attacks from Gaza as volved should continue to work to ad- well as our support for the Israeli-Pal- dress humanitarian needs in Gaza. It SCHEDULE estinian peace process. supports and encourages efforts to di- Mr. REID. Mr. President, following I spoke last week with Prime Min- minish the appeal and influence of ex- leader remarks, there will be a period ister Olmert and again expressed my tremists in the Palestinian territories

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

VerDate Mar 15 2010 08:24 Jun 07, 2011 Jkt 079102 PO 00000 Frm 00001 Fmt 0686 Sfmt 0634 E:\BR09\S08JA9.000 S08JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 296 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 January 8, 2009 and to strengthen moderate Palestin- ing positive for the cause of the Pales- creases the dangers to both soldiers ians who are committed to a secure tinian people. Those who have collabo- and civilians—Israeli and Palestinian— and lasting peace with Israel. rated in supplying weapons that are and of miring Israel in an open-ended Finally, it reiterates strong support being used to terrorize and harm inno- mission in Gaza resulting in far more for U.S. Government efforts to promote cent civilians in Israel are complicit in destruction and loss of innocent life a just resolution of the Israeli-Pales- the suffering and destruction that has than we have seen so far. Ultimately, tinian conflict through a serious and occurred on both sides. extremism is what has hindered a po- sustained peace process that leads to For its part, Israel used the cease-fire litical resolution that ends this con- the creation of a viable and inde- to pressure Hamas through a blockade flict with two secure states living side pendent Palestinian state living in that, in the absence of a long-term by side. peace alongside a secure State of strategy, has caused extreme hardship There are some who may argue that Israel. for the Palestinian people collectively the collapse of the recent cease-fire The ACTING PRESIDENT pro tem- in Gaza but done nothing to change proves that Hamas will only respond to pore. The minority leader. Hamas’s militant policies. The block- force. Hamas has abused the cease-fire, Mr. MCCONNELL. Mr. President, let ade was not coupled with an effective but that is not the only lesson from the me add, this resolution in support of strategy to address the underlying collapse. Any clear-eyed analysis will the State of Israel has strong bipar- causes of the conflict. show that a cease-fire cannot succeed— In the past 14 days, according to the tisan support. Hamas is a terrorist or- indeed, it will be exploited by Israel’s United Nations, 758 Palestinians have ganization. It clearly started this cur- enemies—if it is treated as an end in died, including 257 children, as a result rent conflict by launching rockets on itself instead of as an opportunity to of Israel’s military operations, and to civilian sites in Israel. The Israelis, materially improve the humanitarian thousands more have been injured. Pal- as the majority leader indicated, are situation and to undertake serious ne- estinian homes, schools and other civil- responding exactly the same way we gotiations to end the conflict. would if rockets were being launched ian infrastructure have been demol- into the United States from Canada or ished. Among Israelis, three civilians There are broadly acknowledged im- Mexico or some similar situation. The have been killed, and seven soldiers mediate steps that must be taken: put Israelis have every right to defend have died. Israeli homes have also been a meaningful ceasefire in place, stop themselves against these acts of ter- badly damaged from Hamas rocket fire. the smuggling of weapons into Gaza, rorism. I enthusiastically support the The U.N. Relief and Works Agency, and open crossings into Gaza to facili- tate the flow of licit goods and serv- resolution, as does Senator LUGAR, our which is the principal humanitarian or- ranking member on the Foreign Rela- ganization functioning in Gaza, sus- ices. tions Committee. pended its operations earlier today due But beyond that, history has shown Mr. REID. Mr. President, Senator to risks to the safety of its personnel that absent an inclusive, diplomatic JOHN KERRY has been open and very as a result of Israeli attacks which process that effectively addresses the forward thinking on this issue. He, killed two of its workers and injured core interests of both Israelis and Pal- along with Senator LUGAR, supports one. estinians, the cycle of violence will this resolution. As has been said here repeatedly, continue. Preconditions are an obstacle I ask unanimous consent that the Israel has the right to defend itself. to that process in the Middle East as Senate proceed to the consideration of And I have no doubt that the Israeli much as they were for another seem- S. Res. 10 submitted earlier by Sen- Defense Forces, using powerful weap- ingly intractable conflict, in Northern ators REID and MCCONNELL. ons supplied by the United States, can Ireland. The ACTING PRESIDENT pro tem- achieve tactical victories in Gaza by Others have asked these questions, pore. The clerk will report the resolu- damaging Hamas’s military capabili- which are worth repeating: Does the tion by title. ties. But the right response is one that Gaza war improve Israel’s long-term, The legislative clerk read as follows: will, over the long term, make Israel or even short-term, security? Was it re- A resolution (S. Res. 10) recognizing the more secure, and that will be achieved alistic and in Israel’s long-term inter- right of Israel to defend itself against at- only when Israel is accepted by its ests to expect Hamas to accept Israel tacks from Gaza and reaffirming the United neighbors. Those of us who have long in advance of negotiations, rather than States strong support for Israel in its battle worked to support Israel should not push for a total cessation of the use of with Hamas, and supporting the Israeli-Pal- lose sight of this crucial goal and this estinian peace process. violence and blockade, followed by ne- bigger picture. This escalation will, I gotiations? Was it realistic to expect There being no objection, the Senate fear, have the opposite effect. The wid- the ceasefire to hold while Gaza re- proceeded to consider the resolution. ening use of force has implications for mained under siege, rife with hunger, Mr. LEAHY. Mr. President, S. Res. Israel’s long-term security that should illness, joblessness, and hopelessness, 10, the resolution that was adopted concern each of us. This approach may and while construction of settlements today reaffirming U.S. support for increase support among Palestinians continued, and even accelerated, in the Israel, is factually accurate. No one for Hamas as well as anger and resent- West Bank? here doubts our commitment to ment toward Israel and the United Israel’s security or Israel’s right to de- States within Arab countries and On January 6, Secretary of State fend itself from Hamas rocket attacks. around the world. Rice spoke to the U.N. Security Coun- But the resolution, unfortunately, pre- Israel seeks to deal a fatal blow to cil. I do not doubt the sincerity of her sents an incomplete response to the Hamas militants, to bomb them into concern with the humanitarian situa- situation in Gaza. With so much at submission and moderation. If our tion in Gaza, or for the need for a stake for the United States, for Israel country were attacked in a similar way ceasefire ‘‘that can endure and bring and for the world, we owe the Amer- by one of our neighbors we might re- real security.’’ We all want that. But ican people and all concerned a clear- spond the same way. But there is little her words were noteworthy for what eyed, forthright and constructive dis- if any reason to believe these tactics they said about the dismal failure of cussion of such vital matters as these. can work. This latest escalation, with the Bush administration’s approach to Hamas’s unilateral decision to break bombs falling and tank artillery strik- the Middle East conflict. Eight years the cease-fire was deplorable. It is ing in heavily populated areas where were squandered and mishandled, and clear that rather than work for peace, civilians—more than half of whom are President-elect Obama faces a far more Hamas used the cease-fire to amass children—have no means of escape, ob- difficult situation than his predecessor more powerful and longer range weap- viously and tangibly is providing am- inherited. ons. Its actions should be universally munition to extremists, inside and out- Our credibility in the entire world condemned, and they will achieve noth- side of Gaza. And in doing so it in- has suffered immeasurably since 9/11.

VerDate Mar 15 2010 08:24 Jun 07, 2011 Jkt 079102 PO 00000 Frm 00002 Fmt 0686 Sfmt 0634 E:\BR09\S08JA9.000 S08JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 8, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 297 In particular our image in predomi- is designed, first and foremost, to bring Mr. REID. I suggest the absence of a nantly Muslim countries has been af- about an improvement in the security re- quorum. fected by the failure to advance a cred- ality for the residents of the south of the The ACTING PRESIDENT pro tem- ible strategy to help resolve the Israel- country.’’; pore. The clerk will call the roll. Whereas, on January 2, 2009, Secretary of Palestinian conflict. This has pro- State Rice stated that ‘‘Hamas has held the The legislative clerk proceeded to nounced and obvious implications for people of Gaza hostage ever since their ille- call the roll. our security, for Israel’s security, and gal coup against the forces of President Mr. INHOFE. Mr. President, I ask for the entire Middle East region. Mahmoud Abbas, the legitimate President of unanimous consent that the order for At this time of great opportunity in the Palestinian people. Hamas has used Gaza the quorum call be rescinded. America to change our policies and as a launching pad for rockets against Israeli The PRESIDING OFFICER (Mr. make a true contribution to peace in cities and has contributed deeply to a very LEVIN). Without objection, it is so or- the Middle East, we should be careful bad daily life for the Palestinian people in dered. when we adopt resolutions on subjects Gaza, and to a humanitarian situation that as sensitive as this to be cognizant of we have all been trying to address’’; f Whereas the humanitarian situation in the history of the region and the com- Gaza, including shortages of food, water, RESERVATION OF LEADER TIME plexities of the situation. Above all, electricity, and adequate medical care, is be- The PRESIDING OFFICER. Under our goal should be to enhance our role coming more acute; the previous order, the leadership time as a force for peace and our ability to Whereas Israel has facilitated humani- is reserved. advance our Nation’s interests. tarian aid to Gaza with over 500 trucks and Mr. REID. I ask unanimous consent numerous ambulances entering the Gaza f Strip since December 26, 2008; the resolution be agreed to, the pre- MORNING BUSINESS amble be agreed to, the motion to re- Whereas, on January 2, 2009, Secretary of consider be laid on the table, that State Rice stated that it was ‘‘Hamas that The PRESIDING OFFICER. Under rejected the Egyptian and Arab calls for an the previous order, the Senate will pro- there be no intervening action or de- extension of the tahadiya that Egypt had ne- bate, and that any statements related ceed to a period for the transaction of gotiated’’ and that the United States was morning business, with Senators per- to this matter be printed in the ‘‘working toward a cease-fire that would not RECORD. allow a reestablishment of the status quo mitted to speak for up to 10 minutes The ACTING PRESIDENT pro tem- ante where Hamas can continue to launch each. pore. Without objection, it is so or- rockets out of Gaza. It is obvious that that The Senator from Oklahoma. dered. cease-fire should take place as soon as pos- f The resolution (S. Res. 10) was agreed sible, but we need a cease-fire that is durable to. and sustainable’’; and HONORING OUR ARMED FORCES Whereas the ultimate goal of the United The preamble was agreed to. SPECIALIST STEPHEN G. ZAPASNIK The resolution, with its preamble, States is a sustainable resolution of the Israeli-Palestinian conflict that will allow Mr. INHOFE. Mr. President, today I reads as follows: for a viable and independent Palestinian wish to recognize a very special person S. RES. 10 state living side by side in peace and secu- and remember his life and sacrifice as Whereas Hamas was founded with the stat- rity with the State of Israel, which will not a young man. I can identify with this; ed goal of destroying the State of Israel; be possible as long as Israeli civilians are I was a specialist in the U.S. Army. Whereas Hamas has been designated by the under threat from within Gaza: Now, there- Stephen Zapasnik of Broken Arrow, Secretary of State as a Foreign Terrorist Or- fore, be it ganization; Resolved, That the Senate— OK—that is right outside of Tulsa—lost Whereas Hamas has refused to comply with (1) expresses vigorous support and unwav- his life. He was only 19 years of age. He the requirements of the Quartet (the United ering commitment to the welfare, security, died on December 24—that was on States, the European Union, Russia, and the and survival of the State of Israel as a Jew- Christmas Eve—in Baghdad, Iraq, United Nations) that Hamas recognize ish and democratic state with secure bor- along with two other soldiers in sup- Israel’s right to exist, renounce violence, and ders, and recognizes its right to act in self- port of Operation Iraqi Freedom. agree to accept previous agreements between defense to protect its citizens against acts of Stephen followed in the footsteps of Israel and the Palestinians; terrorism; his father by joining the Army and Whereas, in June 2006, Hamas crossed into (2) reiterates that Hamas must end the Israel, attacked Israeli forces and kidnapped rocket and mortar attacks against Israel, went on to complete basic training in Corporal Gilad Shalit, whom they continue recognize Israel’s right to exist, renounce vi- Fort Sill, OK. He was stationed at Fort to hold today; olence, and agree to accept previous agree- Carson, CO, and assigned to the 3rd Whereas Hamas has launched thousands of ments between Israel and the Palestinians; Battalion, 16th Field Artillery Regi- rockets and mortars since Israel dismantled (3) encourages the President to work ac- ment, 4th Infantry Division. He de- settlements and withdrew from Gaza in 2005; tively to support a durable, enforceable, and ployed to Iraq in 2008. Whereas Hamas has increased the range of sustainable cease-fire in Gaza, as soon as Stephen, or Bud, as his mom called its rockets, reportedly with support from possible, that prevents Hamas from retaining him, or Zap, as his friends called him— Iran and others, putting additional large or rebuilding the capability to launch rock- numbers of Israelis in danger of rocket at- ets and mortars against Israel and allows for he had lots of names—is survived by tacks from Gaza; the long term improvement of daily living his parents, Gary and Chris, and his Whereas Hamas locates elements of its ter- conditions for the ordinary people of Gaza; sister, Ashley, and a very close friend, rorist infrastructure in civilian population (4) believes strongly that the lives of inno- also named Chris, who lived with the centers, thus using innocent civilians as cent civilians must be protected and all ap- Zapasniks since he was 15 years old, human shields; propriate measures should be taken to di- whom Stephen considered to be his Whereas Secretary of State Condoleezza minish civilian casualties and that all in- brother. Rice said in a statement on December 27, volved should continue to work to address Stephen’s mother described his deter- 2008, that ‘‘[w]e strongly condemn the re- humanitarian needs in Gaza; peated rocket and mortar attacks against (5) supports and encourages efforts to di- mination to enter the Army by losing Israel and hold Hamas responsible for break- minish the appeal and influence of extrem- over 90 pounds to get in. He was grossly ing the ceasefire and for the renewal of vio- ists in the Palestinian territories and to overweight, but he made that sacrifice. lence there’’; strengthen moderate Palestinians who are She said she barely recognized him Whereas, on December 27, 2008, Prime Min- committed to a secure and lasting peace after basic training because he lost ister of Israel Ehud Olmert said, ‘‘For ap- with Israel; and even more weight at that time. proximately seven years, hundreds of thou- (6) reiterates its strong support for United His friends and fellow soldiers affec- sands of Israeli citizens in the south have States Government efforts to promote a just tionately nicknamed him ‘‘Zap,’’ de- been suffering from missiles being fired at resolution of the Israeli-Palestinian conflict them. . . . In such a situation we had no al- through a serious and sustained peace proc- scribing him as a jokester who would ternative but to respond. We do not rejoice ess that leads to the creation of a viable and happily make fun of himself if anyone in battle but neither will we be deterred independent Palestinian state living in peace needed to be cheered up. Zap would cre- from it. . . . The operation in the Gaza Strip alongside a secure State of Israel. ate short skits and record them on his

VerDate Mar 15 2010 08:24 Jun 07, 2011 Jkt 079102 PO 00000 Frm 00003 Fmt 0686 Sfmt 0634 E:\BR09\S08JA9.000 S08JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 298 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 January 8, 2009 camera in order to share them with country by fighting terrorism. She told careful that we don’t do things which anyone who would watch. After the ac- me just a few minutes ago what a man aggravate significantly in the outyears cident, many of his fellow soldiers from he had become, and she thanked the this country’s fiscal strength and our his battalion got together and watched U.S. Army for doing for him what was children’s ability to have a high qual- the movies he had made, staying up done for him. ity of life. throughout the night, telling stories The pride is now in Stephen, this I have said on numerous occasions about him and laughing—exactly what young Oklahoman who enthusiasti- that I believe President-elect Obama is Zap would have wanted them to do. cally joined the military at age 17 and on the right track relative to bringing Stephen loved video games, particu- was willing to lose 90 pounds in order forward a very robust and aggressive larly his flight simulator game. He to serve his country. He sacrificed his stimulus package. But what is key to wanted to become a pilot someday. life in order to provide us with the pre- determining whether that package is a His colleagues described Stephen as a cious freedoms we enjoy each day. His good package or a marginal package is fantastic shot, always a qualifying ex- life embodies what it means to be a the policy that underlies it. It is not pert in every weapon. Chris Hamil said hero. the numbers so much as it is the pol- his brother volunteered to man the ma- We remember you today, Stephen, icy. chine gun on top of his humvee. As we your sense of humor, your commitment I believe there are a few signposts all know, and certainly the occupant of to your family and to the Lord. which we should follow as we develop the Chair knows, that is one of the Having just talked with his mother, such a package. The first is that we not most exposed positions a person can she reaffirmed how strong Stephen was unduly aggravate this long-term debt take. He was willing to do that. in his love for Jesus. I think we can say situation which we have as a country. In his tribute comments, Staff Ser- today—and we understand this—as We know we are facing a fiscal tsu- geant Barry summed Stephen up by fleeting as life is, this wink of time we nami as a nation. The baby boom gen- saying: are here—and I talked with Chris about eration is about to be into full retire- Zap would give the shirt off his back or the this—that this today is not saying ment. During the term of this Presi- last dollar in his pocket to anyone that need- goodbye to Stephen, it is saying we dency, should the President be re- ed it. will see you later. Thanks for your job elected, the baby boom generation will A comment from a friend: well done. be very close to full retirement. That My family will be forever grateful for I yield the floor. will mean we will have doubled the young men like Stephen who risk themselves The PRESIDING OFFICER. The Sen- number of people in retirement in this to provide protection and security to this ator from New Hampshire. country, and the cost of maintaining great country of ours . . . f those retirees will put a massive bur- A spouse stationed at Fort Carson den on the backs of this tax generation ECONOMIC STIMULUS wrote: but especially the next generation. We Zap was one of my husband’s soldiers and Mr. GREGG. Mr. President, I rise to are talking $60 trillion of unfunded li- friends. Zap left an impression on our lives speak about the issue of the economy ability that is coming at us. That is that we will never forget. He would come to and how we address the question of debt coming at us. That doesn’t count my house and have the best manners and be economic stimulus in the context of the debt we are putting on the books so respectful . . . Zap always cared about what is a very severe slowdown, reces- today to deal with this economic slow- others before himself, even offering to baby- sion, and in the context of what is an down. sit my three children so that my husband extraordinary situation relative to our So what is very critical as we address and I could have a date right before he de- ployed. He left an impression on our lives deficits. trying to get the economy going by that will never be forgotten and most of all Just yesterday, the Congressional using a stimulus package is we have to my son loved him dearly . . . He was a hero Budget Office reported that the deficit be very careful that we put in place in so many ways and he was a respected sol- this year will be $1.2 trillion. That is a programmatic activity that doesn’t dier always giving 100 percent. number which most of us cannot even add to the long-term debt of the Na- His mom Chris wrote: fathom. To try to put it in context, tion, that are one-time items that will I am so proud of my son and what he ac- that size of deficit has not occurred in basically retract and no longer be part complished as a member of the military fam- this country, if you calculate it as a of the deficit function or add to the ily. I would not take back the man he had percentage of GDP, since World War II. deficit function in the outyears. become or the hero he will always be for any- It is a deficit that is extraordinarily The TARP program is a good exam- thing, even if I could have him beside me large. A deficit means we are running ple. The TARP program was a program again. He was an outstanding young man and up debt our children are going to have we put in place to try to stabilize the he will live forever in my heart and soul. to pay for. So it has a real effect on the financial institutions of this country, Stephen was committed to what he next generation and generations after and it has. That program basically felt he was called to do and fully under- that and their ability to be prosperous. used investment versus spending rel- stood the sacrifice he would be making Not only does CBO tell us the deficit ative to tax dollars. We purchased pre- by serving his country in Iraq. All is going to be $1.2 trillion, but they ferred stock in a series of financial in- those guys and gals over there know also tell us that with the stimulus stitutions across this country. That the risk they are under. They are will- package that is being proposed—and preferred stock, the purchasing of it, ing to do that. the package that is being talked about has helped to stabilize those financial Before Stephen left for Iraq, he said: is in the range of $700 billion to $800 institutions and the financial system Mom, if I ever don’t come back, you know billion, and when you throw that of the Nation. The purchase of that I will always be with you, and I will be with spending on top of the deficit, we are preferred stock creates a significant Jesus, and I will be fine. talking about a deficit which will be jump in the deficit for next year. De- Stephen had a strong faith in God, a closing in on $2 trillion, which is about pending on how many of the dollars we strong commitment to his family and 11 percent of GDP. That will be almost end up using of the TARP, it could be his friends, and a calling to protect our four times larger than the largest def- $400 billion or $500 billion. But in the Nation by his service in the Army. icit we have run since World War II. outyears, we are going to get that His mom said: There are a lot of things causing this, money back because we are buying as- I know that he is perfectly safe and spend- of course, and most of them are tied to sets. In fact, we may get it back with ing Christmas up there with Jesus. the economic slowdown. The economic interest—or we will get it back with in- Keep this in mind: This happened slowdown is severe, but as we try to terest and make a little money for the late on Christmas Eve. mute and lessen the impact of that taxpayers, which would be good. They She also expressed Stephen’s pride to slowdown on working Americans and deserve to make a little money off that serve in the Army and to serve our on everyday Americans, we have to be initiative.

VerDate Mar 15 2010 08:24 Jun 07, 2011 Jkt 079102 PO 00000 Frm 00004 Fmt 0686 Sfmt 0634 E:\BR09\S08JA9.000 S08JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 8, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 299 That type of investment is a one- would be to replace a bridge or build a We want to come out of this slow- time event which may aggravate the bridge that is a bottleneck from the down a stronger, more productive na- deficit in the short run but does not ag- standpoint of transportation or put tion by making capital investments gravate the deficit in the long run. broadband into a region of the State and using tax policy to generate those That is the type of initiative we need which couldn’t get it otherwise because investments so we can compete better to look at. of density issues or give our health in the world economy. I would hope In the area—and this is being talked communities a better way to do their that would be the approach that is about a lot—of the Federal Govern- IT so they are more efficient. So we do taken. ment going out and just spending need these tests. There is another proposal which ad- money, not investing money that In addition, everything needs a hard dresses the issue of States, and this one comes back in assets to us, we have to sunset. Everything in this stimulus is the most problematic of all the ini- take the same approach: that we are package needs a hard sunset so that tiatives in the stimulus package for basically going to put the dollars of the when we get to the end of this reces- me. There are a lot of States that have stimulus package into initiatives sion, which we are going to get to be- been fiscally responsible and actually which will make our Nation more com- cause we are inherently a resilient na- have surpluses, and some States have petitive and more productive in the tion, we don’t continue these programs said they do not even need this sort of outyears so that we get more tax reve- into the future. By hard sunset my support. There are other States with nues, hopefully, but at least have more view would be that for a program to revenues that have dropped precipi- jobs created in this country as we com- continue under this it would have to tously because of this economic slow- pete in the worldwide economy. Thus, have a two-thirds vote. down which they didn’t have any con- Another major initiative in the stim- as we invest in infrastructure, which trol over, and they have a legitimate ulus package, it appears, will be tax will be a large part of this stimulus claim. They are in dire straits. There initiatives. I respect, and first off I ad- package, it is absolutely critical that are other States, however, that have mire, the energy and the focus of the we have entry-level tests to be sure simply during the recession spent a lot Obama team on this issue. I think he of money which was out of proportion that the infrastructure we are invest- has put together an extraordinarily with what good fiscal policy allows. So ing in is infrastructure which is going talented group of people in many areas I would hope that as we are talking to produce an outyear return to us be- but especially in the fiscal area—with about assisting States—and I under- yond the dollars that are put into Secretary-designate Gardener and stand it is probably going to come in them. Larry Summers and Paul Volcker—and through the FMAP for the Medicaid Now, we all love things such as it is my view that as we look at the tax Programs—that we have some condi- beautifying Main Street or putting in part of this component—and I under- tionality that says if the State’s finan- running tracks. These are all things stand it is going to be fairly big—it cial distress is caused by a drop in rev- people love to do, and some people even should be again focused on where we love to build halls of fame to this issue create jobs because this is the issue: enues, then we will be supportive. But or that issue. But that is not the type How are we going to create more jobs? if the financial distress is caused by of infrastructure investment which is It is pretty obvious that in our econ- the fact they have simply been exces- going to help us be more competitive omy jobs aren’t created by big business sive in their programmatic activity, and create more jobs, and the bottom or by government. Jobs are created by beyond profligate—profligate is prob- line is to create more jobs. What we individual entrepreneurs who go out ably too strong a term—but excessive want to do is invest in what is going to and start something small and it in their programmatic activities, be- create more jobs and make us more builds. So the majority of the tax ini- yond what is reasonable in these slow competitive in the global economy: tiatives, in my opinion, should be fo- times, then we should not be under- roads, bridges, high-speed broadband in cused on job creation and assisting peo- writing that sort of activity that is in- areas that aren’t quite as dense popu- ple who are willing to take risks in the appropriate from the standpoint of fis- lation-wise to make it affordable in the small business community. cal restraint. We should rather be fo- commercial sense; IT, and especially in There is a lot of discussion about a cused on assisting States that have these quasi-public areas, such as health major employment tax credit; that if seen a significant drop in their rev- care, where it will give us a return on you hire people, you get a credit for enue. It is difficult to do, but I believe our investment; the military—and we employment. I tend to think that is it can be done, and I believe it should have the chairman of the Armed Serv- probably not going to generate a whole be done. ices Committee sitting in the Chair— lot of economic activity. If somebody It is obvious we need a robust stim- we have to obviously retool our mili- is going to hire someone, they are ulus package right now, and it is very tary. These are investments which give going to hire them. And they will take obvious we need to have it sooner rath- us a long-term return. advantage of it, obviously, but the odds er than later. From my standpoint, as So I hope as we get to the stimulus of people actually adding people be- a member of the Republican Party, package and we send this money out to cause they have a credit for adding which is in opposition here arguably, I the States, primarily—I suspect that is people is slim, I suspect. It is not want to work with the other side of the where it is going to go, States and human nature to do that, even for a tax aisle and with the President-elect to communities—there will be some credit. I suspect it will just be money accomplish it because I don’t think we entry-level tests they have to meet be- put out the door and not produce much can afford partisan politics at this fore they can spend the money so that in the way of results. We have a pretty time. We need to govern. These issues we get a return on those dollars in the good and pretty recent example of how are so huge and are going to have such way of making our Nation more com- this works in the area of tax policy be- a devastating impact on our Nation if petitive and more productive. I would cause we did a stimulus package which they are not aggressively and boldly hate to see us just give it to the States was keyed off a tax rebate last spring, addressed that we can’t afford this to with very little limitation on how they and $80 billion of a $160 billion package be a party-line event. We need to have spend it because a lot of the money was a tax rebate and it generated vir- cooperation. We have a template for will, unfortunately, be wasted. tually no greater consumption. So that. When we took up the TARP bill, I know in my State every community there are some pretty good statistics which was an extraordinary piece of is pulling together their wish lists, and which have shown consumption was legislation, it was done because we rec- I have seen things like putting in not increased significantly at all by ognized the crisis was upon us and ac- alarm systems in dorms. You know, that tax rebate initiative. So a tax re- tion had to be taken, and it was done in maybe that is a good idea, but it is not bate approach is probably not going to a totally bipartisan and, I thought, a the responsibility of the Federal Gov- get you a lot in the area of the big very effective way, and that is a good ernment to do that. Our responsibility bang for the buck. template for moving forward.

VerDate Mar 15 2010 08:24 Jun 07, 2011 Jkt 079102 PO 00000 Frm 00005 Fmt 0686 Sfmt 0634 E:\BR09\S08JA9.000 S08JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 300 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 January 8, 2009 So I just lay these ideas out as an ap- face today, that is the only historical Members of Congress and the massive proach to take, and I say, from my analogy we can point to in recent level of employment of personnel at his standpoint, to the extent I can partici- memory that even is close to what we Department, but he talked in terms of pate—and I hope I can—I am willing to are facing. energy, and he said it is ironic we have listen to any ideas, and I want to see us Over 9,000 American families lost reached a point in history that the make progress. I want to see it be their homes to foreclosure yesterday, United States is not on the cutting prompt because in this area, it is abso- more than 9,000 families will lose their edge of developing new forms of energy lutely critical for the President-elect homes today, and another 9,000 the day technology. The windmills we are con- to succeed for the Nation’s good. after and every day that succeeds. The structing across America are, by and Mr. President, I yield the floor. reason, of course, is that we have so large, built or designed in Europe. Nu- The PRESIDING OFFICER. The Sen- many bad mortgages—the subprime clear energy we have not touched for ator from Illinois. mortgages. Many people were misled some 20 years in this country and have f into signing up for mortgages they ceded the research to other countries. couldn’t afford, and now, as the terms There are areas where we need to in- UNANIMOUS-CONSENT AGREE- reset and come due, families can’t keep vest in America. As President-elect MENT—MODIFICATION TO AP- up with them and are losing homes. Obama said this morning at George POINTMENTS It is not just a problem for that per- Mason University, this energy invest- Mr. DURBIN. Mr. President, I ask son who lives down the street, the fam- ment is important for our future to unanimous consent that the order of ily who had to move out; it is your move toward energy independence. January 6 with respect to the an- problem too. In my hometown of President-elect Obama in a few days nouncement of Members appointed to Springfield, IL, a small Midwestern will take the oath of office not far from be Senate tellers for the joint session town, with relatively stable real estate here and then will count on Congress today be modified to reflect that Sen- values, my home is diminished in value to move quickly to pass the American ator SCHUMER will replace Senator because of the foreclosures that are oc- Recovery and Reinvestment Plan. He is FEINSTEIN. curring in our community and the gen- urging we do it boldly and swiftly and The PRESIDING OFFICER. Without eral state of the economy so even fami- that we bring transparency and open- objection, it is so ordered. lies dutifully making their mortgage ness to the process so the American f payments are falling behind because people see their money is being well their core assets, such as the value of spent on investments in America’s fu- SUPPORTING THE ECONOMIC their home, are diminishing. ture—investments when it comes to RECOVERY BILL Every day this economic crisis education and energy and health care; Mr. DURBIN. Mr. President, I want deepens and claims more victims. Fam- investments that will bring down the to follow on the comments of my friend ilies who have worked so hard for so cost of health care for many American from New Hampshire, Senator GREGG. many years are finding it difficult to families who are struggling today, not Although he and I may disagree on maintain even the most basic stand- to mention those who have no health some political issues, and we do, the ards of the middle class. This is the protection whatsoever. fact is, many of the things he just said worst economic time our Nation has He also calls on us to stabilize and I agree with completely. I think there seen since the Great Depression 75 repair our financial system on which is a sense among Members of Congress years ago. We can observe it, lament it, we all depend. I think we know what that we are facing an extraordinary set give our speeches about it or we can do we are talking about. When a man of circumstances in America today. something. This morning, President- named Bernard Madoff can, over the The Presiding Officer, from the State elect Barack Obama, my former Illi- span of 10 or 20 years, lure investors of Michigan, probably has endured nois Senate colleague, gave a speech at into what has turned out to be a Ponzi more economic bad news than almost George Mason University, right outside scheme, causing many of them to lose any of us. If I am not mistaken, one Washington, DC, in Fairfax, VA. He millions of dollars, and his wrongdoing out of every eight people in his State is talked about what we are facing and goes unnoticed by major regulatory currently on food stamps, and it is an what we need to do about it. He said: agencies such as the Securities and Ex- indication of how his economy is strug- . . . equally certain are the consequences change Commission, it is clear more gling. of doing little or nothing at all, for that will has to be done. With regard to the economies of some lead to an even greater deficit of jobs, in- When the ratings agencies, major comes, and confidence in the economy. of the other States, when you look ratings agencies that set the standards across the United States, the headlines President-elect Obama said: for whether a company is doing well are sobering. We have been told repeat- That is why we need to act boldly and act basically ignore their responsibility edly about the loss of jobs. Look at now to reverse these cycles. That’s why we need to put money in the pockets of the and fail to make accurate reports, ev- some of the most recent headlines: American people, create new jobs, and invest eryone loses as a result of it. DHL cuts 9,500 U.S. jobs; Chrysler to in our future. That’s why we need to restart President-elect Obama said in closing lay off 2,400 in Fenton, MO; AT&T an- the flow of credit and restore the rules of the today: nouncing job cuts; Sprint losing jobs; road that will ensure a crisis like this never It is time to set a new course for this econ- Stanley Works, GM, Office Depot—the happens again. omy, and that change must begin now. We list goes on and on. That work begins with a plan, a plan should have an open and honest discussion The fact is, yesterday 22,000 Ameri- that he says he is confident ‘‘will save about this recovery plan in the days ahead, cans lost their jobs. If the latest pro- or create at least 3 million jobs over but I urge Congress to move as quickly as jections are true, 22,000 more Ameri- possible on behalf of the American people. the next few years.’’ He talks about the For every day we wait or point fingers or cans will lose their jobs today, and priorities we need to invest in, such as drag our feet, more Americans will lose their 22,000 more Americans will lose their energy and education, health care and jobs. More families will lose their savings. jobs tomorrow. That is the state of the new infrastructure, that are necessary More dreams will be deferred and denied. economy. Instead of creating employ- to keep us strong and competitive in And our Nation will sink deeper into a crisis ment, we are losing jobs at a pace the 21st century. that, at some point, we may not be able to which sobers all of us. Yesterday, the designate for the new reverse. As a student of history, I understand Secretary of Energy, Dr. Steven Chu, I hope what I am about to say is a re- the Great Depression that Franklin came to my office. He is a man who is minder to all of us of the responsibility Roosevelt inherited as he became widely respected for his academic ex- we face in this new session. We are all President in March of 1933 was much pertise and knowledge of energy issues. concerned about the size of the eco- deeper and dangerous and wider in He finds it a little challenging and nomic stimulus plan. Eight years ago, scope. But when you look at what we daunting, as he thinks about facing the Federal Government was actually

VerDate Mar 15 2010 08:24 Jun 07, 2011 Jkt 079102 PO 00000 Frm 00006 Fmt 0686 Sfmt 0634 E:\BR09\S08JA9.000 S08JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 8, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 301 running a budget surplus. Today we es- I see my colleague from Montana, Mr. TESTER. Mr. President, I join timate a budget deficit, by the end of and I will be happy to take the chair so the Democratic whip in his comments. the year, of $1 trillion. That deficit is a he can continue his remarks, if nec- I think it is critically important that reflection of poor choices that have essary, but the last point I will make is we work together in these economic been made at many levels of Govern- that the mortgage foreclosure crisis is times to solve the problems this coun- ment, but we cannot let the bad at the core of our problems in America. try faces. We don’t have problems as choices in the past prevent us from We cannot come to grips with a rebirth Democrats or Republicans with the making the wise choices we have to of the American economy without deal- economy, we all have problems with make now to end this economic crisis. ing with the mortgage foreclosure cri- the economy, and I think the American It is interesting that economists sis. It is a crisis that, as I mentioned people are looking forward to us work- from all across the political spectrum earlier, hurts the families losing their ing together for solutions to our eco- have come to the same conclusion homes and those living in the neighbor- nomic mess. about what America needs. Nobel hoods and towns around them. We are f Prize-winning economist Paul all in this together. What we need to do Krugman, who is put in the category of is work with major financial institu- ORDER FOR RECESS liberal or Democrat, said recently: tions to renegotiate these mortgages so Mr. DURBIN. Mr. President, I ask It is much better, in a depressed economy, people who still have a job and can unanimous consent that at 12:45 p.m. to err on the side of too much stimulus than make a reasonable mortgage payment today, the Senate stand in recess sub- on the side of too little. can stay in their homes. ject to the call of the Chair. He publicly wondered whether three- I got off the phone with one of the The PRESIDING OFFICER. Without quarters of a trillion dollars is enough. major bankers in the city of Chicago, a objection, it is so ordered. Martin Feldstein, President Reagan’s friend of mine. He said: We get it. We The Senator from Montana. chief economic adviser, said: are going to have to do things much f Without action, the economy will continue more boldly to deal with mortgage to decline rapidly. foreclosure. The programs we put to- MONTANA NATIONAL GUARD Mark Zandi, who advised Senator gether, the voluntary programs, have Mr. TESTER. Mr. President, as we MCCAIN during his campaign, said: not worked, they have not touched begin this new year and this new Con- My advice is, err on the side of too big a enough people. More and more homes gress, I would like to ask the Senate to package rather than too little. are facing foreclosure, more people are stop and reflect on the service of the All the great minds, economic think- heading to bankruptcy, and that has to men and women of our military. Every ers, are coming to the same conclusion: come to an end. The housing industry, day, hundreds of thousands of men and We need to act, act decisively, and act much like the automobile industry, is women in all branches of our military boldly. But we need to act responsibly one of the staples of our economy and are performing jobs that place them in too. We do not have a day to waste, but we have to deal with putting it back on harm’s way and at the tip of the spear. we do not have a taxpayer dollar to track. In particular, I would like to thank waste either. We have to make sure the Last month, Credit Suisse estimated the 229 men and women of the Montana dollars are well spent, not in the cre- 8.1 million homes were likely to be lost National Guard who have deployed or ation of Government agencies but in to foreclosure by 2012. If the economy will be deploying this month. the creation of good-paying jobs right continues to worsen, they believe fore- Just in the past week, 46 airmen from here in America; not in investments in closures will exceed 10 million homes. the Montana Air National Guard secu- We are going to have to come up with bureaucracy but investments in our rity forces left the sub-zero tempera- the money to turn this economy economy that will help our Nation tures in Montana for training at Fort around. It will mean more debt in the grow in the years to come. Bliss, TX. From there, they will head We need to include smart spending short term but, if the economy starts to Kyrgyzstan. and targeted tax cuts for the middle moving forward again, it, frankly, is Another 120 soldiers of the Montana class so they can cope with the chal- the only thing that we can look to in National Guard’s 639th Quartermaster lenges, the economic challenges they the long term for America’s future. I Battalion left Helena for Fort Lewis, face. We have to make sure the money urge my colleagues in the Senate, WA before they leave for Iraq. that is spent by Congress is spent re- Democrats and Republicans, to try to sponsibly so we do not end up with em- find a common ground where we can And later this month, 63 soldiers barrassing earmark projects that have work together. from our 189th Aviation Battalion will not been subjected to public scrutiny Just a day or two ago, President- go to Fort Sill to prepare for a tour in and review in advance. We need to elect Obama came up to meet with Iraq. make sure programs are authorized and Democrats and Republicans, House and We feel a great deal of pride when funds are pumped quickly into the Senate leaders, just a few steps from sending our strongest and most dedi- economy but in an efficient way. this Senate floor. There was a con- cated Montanans overseas. We feel a We need to invest in jobs for Amer- versation about ideas. I know him pret- great deal of hope too. ican workers. States have identified al- ty well, having served with him, and I Leaving Montana to answer the call most $18 billion in road and bridge have been his friend for a number of of duty isn’t just another assignment. projects ready to launch within 90 years. I know he was genuine and sin- It is a symbol of commitment and days. Every $1 billion of Federal funds cere when he turned to one of the Re- courage. We will always appreciate can create up to 35,000 private sector, publican leaders and said: If you have a their service, their hard work, and good-paying American jobs and gen- better idea, I want to hear it. I want an their willingness to protect Montana erate $6.2 billion in economic activity. opportunity to bring in all ideas, and America. There is a lot of work to do. Our Democratic and Republican, so we can They say Montana is just a small States are struggling. They don’t have come up with the best package to serve town with a lot of long streets, and the money to keep the safety net the American people. It is not about that means that when 229 guardsmen Americans will need as the economy one political party taking credit. Let’s deploy overseas, it impacts a great deal weakens. They cannot help colleges take credit as a Congress and as an ad- of the State. and universities that need a helping ministration in turning this economy Businesses lose talented members of hand. Nineteen States are considering around. their workforce. Cities and towns lose cutbacks in basic health care; 18 States We are going to have that chance, to cops, firefighters, doctors and other are cutting services for the elderly; 20 stabilize our economy and to rebuild it professionals in the community. States are cutting or proposing to cut in the future. I look forward to work- And most important of all, families K through 12 and early childhood edu- ing on a bipartisan basis to achieve have an empty seat at the dinner table. cation. The list goes on and on. that. Family schedules get changed. Mothers

VerDate Mar 15 2010 08:24 Jun 07, 2011 Jkt 079102 PO 00000 Frm 00007 Fmt 0686 Sfmt 0634 E:\BR09\S08JA9.000 S08JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 302 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 January 8, 2009 and fathers become single parents for a possible. But we recognize it must be national Development, is continuing to little while. pursued if Israel is to have the sov- deliver humanitarian supplies to the Americans will never forget the sac- ereign right to protect itself and its people of Gaza. The United States has rifices National Guard families make citizens. Israel’s acts to stop the provided medical and food supplies to at home. Hamas rocket attacks are a response to health care facilities. We support the Sharla and I join all Montanans in the daily risk of death faced by the UN, the International Committee of sending our thoughts and prayers to 900,000 Israeli citizens who live within the Red Cross, and other nongovern- these men and women as they complete rocket range. These innocent civilians mental organizations as they continue their mission. have been forced to live constantly their relief efforts. As Montana’s only member of the under the threat of mass casualties. No We all want peace in Gaza and hope Veterans Affairs Committee, I look for- nation—no nation—should have to wait it can come very soon. But peace can- ward to working to serve them as hon- for the death toll to rise enough before not be achieved so long as Hamas con- ored veterans when they all come it can act. No nation needs to wait tinues its missile attacks. If a just and home. until enough schoolchildren have fallen lasting cease-fire is to occur, it is in- I yield the floor. I suggest the ab- victim to a rocket attack before it cumbent upon Hamas to immediately sence of a quorum. stops rockets from falling on its cities. and permanently halt all attacks The PRESIDING OFFICER (Mr. DUR- The launching of rockets and mortar against the Israeli people. BIN). The clerk will call the roll. fire is an invasion of Israel’s sovereign I rise today to express unwavering The assistant legislative clerk pro- territory. It is no different from drop- ceeded to call the roll. commitment to the welfare, security, ping bombs out of airplanes. It is no and survival of the state of Israel as a f different from any other act of war. Jewish and democratic state. That is SUPPORT FOR ISRAEL There is no question that Israel has a what the resolution before us affirms. right and an obligation to defend its Mr. MENENDEZ. Mr. President, a As the resolution states, the ultimate people. few days ago, we all counted down the goal of the United States is a ‘‘sustain- We mourn the loss of all innocent able resolution of the Israeli-Pales- final seconds of 2008. In Israel they had life, and the death of Palestinian civil- something else to count all through tinian conflict, that will allow for a ians as a result of this conflict is trag- viable and independent Palestinian last year. From January until Decem- ic. There are a great many Palestinians state, living side by side in peace and ber of 2008, a terrorist group launched in Gaza and the West Bank who com- security with the State of Israel.’’ This more than 3,262 rockets and mortar pletely reject the Hamas ideology. will not be possible as long as Israeli shells into Israeli cities. These were de- They want to live in peace and build civilians are under threat from rock- liberate acts of violence, provocation, the Palestinian state for themselves ets. As this resolution correctly lays and murder. The group responsible was and for their children. They are, how- out, Hamas must end the rocket and Hamas. Hamas is a terrorist organiza- ever, Hamas hostages. Hamas has hi- mortar attacks against Israel, recog- tion founded on one principal goal: de- jacked Gaza, not to build a state in nize Israel’s right to exist, renounce vi- stroying the state of Israel. Its charter which you can live in peace and pros- olence, and agree to accept previous says there is no value to international perity but to use it as a base to launch conferences, political initiatives, or attacks against innocent civilians in agreements between Israel and the Pal- dialogue. It says there is only one ap- Israel. estinians. proach to the political situation in the Let us remember it was Hamas that Today, the Senate must stand in sup- Middle East, and that is jihad. chose to end the cease-fire, Hamas that port of the state of Israel, stand in sup- So it was no surprise when the ter- chose to fire a continuous barrage of port of its right to defend itself against rorist group Hamas staged an illegal rockets. To date, it is Hamas that de- terrorists, stand in support of its right coup against the forces of President liberately uses civilians as human to exist. Having said all of this, of Mahmoud Abbas, the legitimate Presi- shields and launches its attacks from course, we urge Israel as it defends its dent of the Palestinian people. It was heavily populated civilian areas, put- sovereignty and its people to use every no surprise that Hamas rejected Egyp- ting them at risk. It is Hamas that has option it can to limit the loss of inno- tian and Arabian calls for an extension spent its money on rockets rather than cent lives. So let us vote for a resolu- of the cease-fire Egypt had negotiated. on food for the hungry. It is Hamas tion that demonstrates our commit- It was no surprise that when Israel that would rather focus on the rhetoric ment to one of the strongest allies the voluntarily and unilaterally disman- that calls for the destruction of the United States of America has in the tled settlements and withdrew from State of Israel than on relief for its world, and let us do all we can to make Gaza in 2005 that Hamas saw this not own people. it a peaceful 2009. as an opportunity to build peace but to Israel and the United States have I yield the floor and suggest the ab- instigate war, to continue to terrorize proven their commitment to helping sence of a quorum. and kill Israelis in their places of wor- innocent civilians in Gaza. In stark The PRESIDING OFFICER (Mr. ship, their schools, and their homes. contrast to the terrorist group of TESTER.) The clerk will call the roll. Since that year, Hamas terrorists Hamas, Israel has taken significant The assistant legislative clerk pro- have used Gaza to fire more than 6,300 steps to prevent civilian casualties. ceeded to call the roll. mortars and rockets into Israel, reach- They give warnings of impending at- Mr. LEAHY. Mr. President, I ask ing major cities, and pushing ever clos- tacks, they drop leaflets, and make unanimous consent that the order for er to the capital. phone calls to targeted areas to warn the quorum call be rescinded. No country would be expected to sit the citizens they are in danger, even if The PRESIDING OFFICER. Without on its hands and simply allow its citi- that means losing the element of sur- objection, it is so ordered. zens to endure these kinds of vicious prise and putting the lives of their own f attacks without taking action to stop soldiers at risk. RECESS FOR JOINT SESSION OF the responsible party. If I am sitting in Israel and the United States have ac- THE TWO HOUSES New Jersey, and rockets are landing tively provided humanitarian assist- around my house, near my children, ance to Gaza. Since December 26, 10,000 The PRESIDING OFFICER. Under and near our schools, my No. 1 goal, tons of humanitarian aid have been de- the previous order, the Senate stands my immediate goal, is to stop the rock- livered to Gaza in coordination with in recess subject to the call of the ets. So in December of 2008, Israel sent Israel, the Palestinian Authority, Chair. its military to Gaza to achieve a direct international organizations, and var- Thereupon, the Senate, at 12:46 p.m., goal: stop the rockets. ious other donors. recessed subject to the call of the And now we all hope strongly that The United States Government, Chair, to reassemble in the Hall of the this goal can be achieved as quickly as through the U.S. Agency for Inter- House of Representatives for a joint

VerDate Mar 15 2010 08:24 Jun 07, 2011 Jkt 079102 PO 00000 Frm 00008 Fmt 0686 Sfmt 0634 E:\BR09\S08JA9.000 S08JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 8, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 303 session, and at 2:30 p.m. reassembled in By adopting this resolution, we have over 8 percent of our gross domestic the Senate Chamber when called to said to the Israeli people: ‘‘We stand product. order by the Presiding Officer (Mr. with you, and we support you in de- A friend of mine reminded me NELSON of Nebraska). fending yourselves against terrorists.’’ today—I think it is an interesting bit The PRESIDING OFFICER. The Re- In short, the resolution expresses of trivia—$1 trillion is more money publican whip is recognized. strong support for the defense of Israel than all the cash in circulation in the f by its military action today in the world today of the United States of America. All the dollar bills, the ten- SUPPORT FOR ISRAEL Gaza Strip, the fact that it has been re- peatedly attacked by Hamas terrorists dollar bills, the hundred-dollar bills, Mr. KYL. Mr. President, I would like from the Gaza Strip, and finally de- and all of the quarters, nickles, and all to speak to two subjects. The first cided that the only way to stop those of the other cash of the United States deals with a resolution the Senate attacks on its citizens was to go into does not equal $1 trillion, and that is unanimously adopted this morning. Gaza and try to remove the weapons how much the deficit is going to be for Mr. President, today the Senate ap- and the launching sites and to try to just this current year. That is a lot of proved a resolution recognizing the arrest the terrorists who were involved money. right of Israel to defend itself against in the launching of those rockets. In that context, we have to be very terrorist attacks from Gaza and re- This resolution expresses strong sup- careful about how we spend another $1 affirming the United States’ strong port for Israel. It reminds us all why trillion or thereabouts to stimulate the support for Israel in its battle with Israel was forced to act. It makes the economy. The money comes from Hamas. somewhere, and it either comes from The first thing the resolution does is point that there is no equivalency be- taxpayers directly in the form of in- remind people why the State of Israel tween the action of the Israelis and the creased taxes or it is borrowed and the had to act. terrorist action of Hamas, which delib- Israel has had to endure more than erately seeks to harm civilians. Fi- taxpayers eventually have to pay that 6,300 rocket and mortar attacks on its nally, it speaks to the question of a back with interest. The interest cost, citizens since it fully withdrew from cease-fire, noting that the position of by the way, is expected to be well over Gaza in 2005. In fact, the town of the United States is correctly that a $300 billion. So, as a result, we have to Sderot, which is about 3 miles from the cease-fire could only be supported if it be very careful that we do more good border of Gaza, has been suffering for is durable and sustainable; in other than harm by taking this money away over 8 years from these attacks. words, it ensures that the conditions from American taxpayers. The first Is there any doubt that if the United that created the controversy today are test obviously is, will it work? Will it States were suffering an attack from not simply repeated another 6 months stimulate economic growth? That is just across the border similar to what from now when the Hamas terrorists the test that Larry Summers, an ad- Israel is facing, that we wouldn’t react have had an opportunity to rearm. viser to the President-elect, has stated. to stop that from happening? I think I am pleased the Senate has spoken In fact, he said, and I am paraphrasing, there is no question that we would act in such a timely fashion on this impor- that investments will be chosen strate- to stop this terrorism, and this resolu- tant issue. I commend my colleagues gically on the basis of which will do tion expresses the United States’ sup- for supporting the resolution. the most to spur the economy. So if we port of Israel’s right to defend itself. f have tried something before, and it has The second point the resolution not worked, it is a good sign that prob- ECONOMIC STIMULUS makes is that there is no equivalency ably we should not do that. between the terrorist actions of Hamas Mr. KYL. Mr. President, the presi- The reason I say that is we had a and the defensive actions of Israel. dent-elect spoke to the stimulus pack- stimulus already: the so-called tax re- Israel conducts its military operations age today. The Finance Committee had bate. We spent $150 billion on it. The to spare innocent life. It has specifi- an informal meeting today to discuss facts are now in. It did not work; it did cally targeted Hamas command cen- the proposition. Its outlines are still not stimulate the economy. In fact, ters, security installations, rocket- quite vague. There is no specificity to only about 12 percent of the money launching sites, weapons stockpiles, what precisely will go into the stim- turns out to have been spent. The les- and weapons smuggling tunnels. It has ulus package, but there are some gen- son to be learned in a situation like tried very hard to avoid civilian cas- eral concepts emerging. this is, if you have tried something be- ualties. Hamas, on the other hand, de- So what I wanted to do today, very fore and it has not worked, then do not liberately and maliciously fires rockets briefly, is to outline what I think repeat it because it is throwing good into civilian areas from civilian areas, would be some sensible tests to evalu- money after bad. thereby making it more difficult for ate what is being proposed, and what it The reason it did not work is because Israel to target the terrorists and in- may reveal is that some ideas would when people get a one-time windfall, creasing the likelihood of civilian cas- not meet these tests and should not be they tend to save it or to pay bills with ualties when Israel does take action. part of a stimulus package. Others it. They spend it if they believe that it Finally, this resolution speaks to would meet the tests and would help to is a permanent part of their income calls for a cease-fire. Many voices in resolve the economic crisis that faces forever, more so if it is going to relate the international community have America today. to their taxes, we need to ensure that been heard pleading for an immediate I think the context we put this in is they know that they are going to have cease-fire, although I think it is in- one in which we have already had some permanent tax relief. If it is simply structive that one never hears those bailouts, and Americans are a little something they believe they are going voices condemning rocket attacks by suspicious that some of the money we to have for a year or two, chances are Hamas terrorists. have committed to these bailouts is they are not going to spend it. It is not I believe the path to a halt in the vio- going to help—the $200 billion bailout going to do any good. lence is clear. A cease-fire is appro- to Fannie Mae and Freddie Mac, the Another test is, would Government priate if, and when, it is durable and $150 billion bailout of AIG, the insur- action be better in the private sector sustainable. A precipitous cease-fire, ance company, the $700 billion Trou- or the Government sector? We know in on the other hand, that would allow bled Asset Relief Program, the recent America it is small business and some Hamas to rearm and rebuild its support $17.4 billion auto bailout, and, by the big business. It is our free enterprise in Gaza is not acceptable. Hamas can- way, the announcement yesterday was system that creates jobs, that creates not be given a cease-fire that only that for the first time in the history of economic growth. The Government serves to provide it breathing room to the world the budget deficit of a coun- cannot create economic growth. regroup and then start firing its rock- try—namely, the United States of In fact, when the Government gets ets and missiles again. America—will top $1 trillion. That is involved, there is more potential to do

VerDate Mar 15 2010 08:24 Jun 07, 2011 Jkt 079102 PO 00000 Frm 00009 Fmt 0686 Sfmt 0634 E:\BR09\S08JA9.000 S08JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 304 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 January 8, 2009 harm than good. We can tax them, we nomic activity or merely replace some- need to be very clear about, from my can regulate them. Usually, it does not thing at the State level that would mind. do them any good. Sometimes you can occur anyway. While I am willing to help do things do things to help business. Usually, The penultimate question is, Is it to stimulate economic activity in the you do it in a way that helps with their worth doing? We have to ask the tax- short term, I am not willing to ignore tax burden. There are some good ideas payers from whom we are getting long-term consequences of a deficit the that I have heard discussed that would, money whether an investment is worth size that would be created by the kind by making it more tax friendly to in- undertaking at all. For example, one of of spending we are talking about. vest in certain kinds of equipment, for the things that would be on an infra- If we apply the right kind of tests— example, or to hire more people, if we structure to-do list was a mob museum and they are sensible. They are not Re- knew that would stimulate an eco- in Las Vegas; there was a snowmaking publican or Democratic tests; they are nomic activity, that those kind of ac- venture in Minnesota. Are these the obviously tests that any prudent per- tivities would be very useful. kind of investments that American son would ask before spending this But frequently when we spend Gov- taxpayers believe are warranted under kind of money—I think that will help ernment money, in this case, for exam- any circumstances? us better evaluate the kind of eco- ple, potentially creating 600,000 new There are a lot of investments the nomic stimulus package we can actu- Government jobs, remember we are Federal Government can make that are ally support in the Senate. It will be taking that money out of the private worthwhile. For example, clearly we the kind of analysis our taxpaying con- sector, and it is likely to do less good have used a lot of military equipment stituents expect of us when, in view of in the public sector than it would if we that needs to be replaced. There are all of the other things that have been left it in the private sector. good jobs throughout this country pro- done to bail out various aspects of our In fact, a couple of economists with ducing military equipment. We need to economy, with the kind of trillion-dol- whom we spoke yesterday noted that add personnel to our military. I think lar-plus deficit we are looking at, they even in a recession business gets a 4 to there is a general consensus to do that. want us to engage in, they want us to 5 percent return on its investment. The That will cost money. That will obvi- be prudent. real test should be, if the money is ously create jobs. They have had their fill of wasteful spent in the Government sector, will So those are activities that are need- Washington spending. They want us to we get at least that return on the in- ed, are worthwhile, are job creating, be very careful about what we do with vestment that we are making? If we do and clearly would help our country, po- their money in the future. I hope as we not, we should leave that money in the tentially being much more worthwhile engage this debate in the future—we private sector so the private sector can than, like I say, a mob museum or will have plenty of time to talk about get that return on that investment and some kind of snowmaking equipment. it, debate it, think about it, to analyze therefore generate more economic ac- Then, finally, I think there is one it and I am not suggesting we try to tivity in our private enterprise system. final test that we might talk about. In slow-walk it, but in trying to move Another question is whether the new view of the huge deficit we have, quickly we nevertheless take the time Government spending replaces State should we make the deficit worse? This to perform the kind of analysis I have and local spending. My understanding is a cost-benefit analysis. This is clear- talked about. is there is a big chunk of money to go ly going to be added to the deficit. So I yield the floor, and I suggest the ab- to State and local governments. Now the question is, How much more deficit sence of a quorum. they have gotten themselves into a can we pile on without having adverse The PRESIDING OFFICER. The pickle because a lot of them have big consequences in the immediate and clerk will call the roll. budget deficits this year. They are long-term? We might stimulate the The assistant legislative clerk pro- going to constrict what they spend economy over the next 3 or 4 months, ceeded to call the roll. money on as well or they are going to but if we are creating a huge hole to Mr. CHAMBLISS. I ask unanimous have to raise taxes or fees or find some dig out of 3 or 4 years from now, we consent that the order for the quorum other way to balance their budgets. have to ask, Is it really going to be call be rescinded. But they obviously would like for the worth it. The PRESIDING OFFICER. Without Federal Government to bail them out. So when we evaluate the different objection, it is so ordered. Well, obviously before the Federal Gov- proposals, we have to ask whether it is f ernment considers doing that, the first going to be worth it to have this large question is, Are you going to correct a deficit, twice the $1.2 trillion of this GRIFFIN BELL what has created the deficiency in the coming year. One thought in this re- Mr. CHAMBLISS. Mr. President, I first place or are we simply going to gard is this: When we lower tax rates, rise to pay tribute to a long-time, good save your bacon then you do not have we know it helps people. It helps small friend and a great Georgian, Griffin to do anything to change your ways. business create jobs. That is what you Bell, who passed away on Monday of Are you going to reduce your spending? do in a recession. You try to help peo- this week. Judge Griffin Bell was a na- For example, are you going to spend ple by letting them keep more of their tive of America’s Georgia. He was a the money anyway? money so they can spend it and help distinguished lawyer in our State since People are talking about shovel- get us out of the recession. 1947, when he passed the Georgia bar ready projects. There are a lot of shov- Permanent tax cuts are the way to after completing just four quarters of el-ready projects at the State level for do that. The permanent tax cut obvi- study in his beloved Mercer Law roads or highways or whatever, and ously may or may not reduce revenue School in Macon, GA. Upon graduation they are called shovel-ready because to the Treasury. The right kind of tax the following year, he entered private the State is prepared to do them. Well, cuts can actually produce more rev- practice in Savannah. Appointed by if the State is going to do them any- enue to the Treasury, but increased President John Kennedy to the Fifth way, then clearly the Federal Govern- spending, there is no way around it, Circuit Court of Appeals, Attorney ment paying for it is not going to cre- loses money to the Treasury. It puts General of the United States under ate any new jobs. It is not going to you in a deeper hole. So as between the President Jimmy Carter, and as an at- stimulate economic growth in any way, potential relief from taxes, leaving torney for President George H.W. Bush, even though it might produce a new more money in the private sector, Judge Bell has left an extraordinary bridge or a new highway that is useful which is eventually going to create the legacy of courage, integrity, wisdom, to the people in that State. So since jobs to get us out of the recession, or and, yes, humor to our Nation and to our goal is to stimulate new economic having the Government spend more my State. activity, we must ask whether the money and creating a larger deficit In one of the press reports this week, spending will really create new eco- that way, it is a test that I think we upon Judge Bell’s death at the age of

VerDate Mar 15 2010 08:24 Jun 07, 2011 Jkt 079102 PO 00000 Frm 00010 Fmt 0686 Sfmt 0634 E:\BR09\S08JA9.000 S08JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 8, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 305 90, one of his law partners, Richard will be missed sorely, but, as of this moment, local courthouse. Fortunately, the boy’s in- Schneider at the distinguished Atlanta heaven has become even greater.’’ tellect was more than sufficient to meet his firm of King & Spalding, where Judge Mr. CHAMBLISS. In two short weeks father’s ambitions for him. He was extremely Bell practiced before and after his serv- President-elect Obama will be inaugu- intelligent, graduating from Americus High rated as the 44th President of the School at the age of fifteen. Bell then at- ice on the Federal bench and as Attor- tended Georgia Southwestern College and ney General, said: United States. I am proud of this mo- worked as a Firestone salesman before being No novelist, not even Dickens or John Ir- ment for him and for our Nation. The drafted by the army in 1941. After com- ving, could have created a more memorable new President will have my prayers pleting Officer Candidate School, he served character than Judge Bell. He took the role and support. I believe it is appropriate as a company commander for more than 500 of being a lawyer and transformed it into a to link in some small way the Presi- soldiers during World War II, eventually at- legend. It is remarkable that every man and dent-elect’s great and historic victory taining the rank of major. Bell credits his woman who spent even a brief period with to the courage and integrity of Judge time in the army as the most valuable man- Judge Bell would cling to him and claim him Bell. In the 1950s and 1960s across the agement experience he could have received as their hero forever. That is how legends are for a career in the law. It was also during made and legends last forever. That will be South and across our Nation as a this time period that he met his bride-to-be, the case with the great Griffin Bell. whole, the country worked to imple- Mary Powell. The Bells were married for al- ment the landmark case of Brown v. I ask unanimous consent that the ar- most sixty years before Mary’s passing in Board of Education. While serving as ticle from the Newnan Times-Herald, the fall of 2000. Their marriage produced one chief of staff to Georgia Governor Er- son, Griffin Jr., and two grandchildren, Grif- in which the Schneider comments ap- nest Vandiver, Judge Bell provided fin III and Katherine. Judge Bell is now mar- pear, be printed in the RECORD. counsel to the Sibley Commission. This ried to Nancy Kinnebrew Bell. There being no objection, the mate- blue-ribbon panel held hearings In 1946, after receiving an honorable dis- rial was ordered to be printed in the charge, Griffin Bell took advantage of the throughout Georgia for the purpose of RECORD, as follows: G.I. Bill by enrolling at Mercer University’s educating citizens on the inevitability law school in Macon, Georgia. In addition to [From the Newnan Times-Herald] of public school desegregation. In my his legal studies, Bell clerked for the law HEAVEN IS GREATER WITH THE ARRIVAL OF view, his efforts on this commission firm of Anderson, Anderson and Walker and GRIFFIN BELL were an important step down the path served as the first city attorney of Warner Georgia is saying goodbye to one of our Dr. Martin Luther King, Jr. and others Robbins, Georgia. In 1947, after just four state’s most distinguished citizens. Griffin B. traveled that enabled Atlanta to be- quarters of study, he passed the Georgia bar Bell, lawyer, judge, U.S. attorney general come the city and community that it is on his first attempt. One year later, he grad- uated from Mercer with honors. Since that and confidante to presidents, governors and today, for Georgia to truly become the many others, died Monday. A public grave- time, Bell has received the Order of the Coif side service will be 11 a.m. today in Amer- empire State of the South, and for our from Vanderbilt University’s law school and icus, where he was born. A public memorial Nation to elect our new President. honorary degrees from several other colleges service will be 11 a.m. Friday at Second After cochairing President Kennedy’s and universities. Ponce de Leon Baptist Church in Atlanta. successful Georgia campaign during his Griffin Bell began his legal career with When we think of Griffin Bell, some of the 1960 Presidential election, the Presi- Lawton and Cunningham, a historic Savan- words that come to mind are distinguished, dent nominated Judge Bell to a posi- nah law firm that once ‘‘sued the federal integrity, professionalism, charm, states- tion on the Fifth Circuit Court of Ap- government to recover the value of the cot- man, enduring. In reading some of the news peals. To quote from his excellent biog- ton that Gen. William Tecumseh Sherman accounts reacting to his death, we heard had burned on his ‘march to the sea’ ’’ (Mur- words that help define this Georgia giant. raphy provided by King & Spalding: phy 1999, 29). In 1952, he left Savannah to be- Said his grandson Griffin Bell III: ‘‘He was Judge Bell was unquestionably one of the come a named partner of Matthews, Owens ready to go. We are just blessed to have him court’s strongest civil rights enforcers. He and Maddox, a law firm located in Rome, so long. He’s a great man, a great grand- fervently believed in the rule of law and had Georgia. But he only stayed in Rome for a father. We’re going to miss him—everything little patience for segregationist-minded ‘‘spell,’’ leaving just one year later to join was checked off his list.... He was still government officials seeking to evade or the prestigious Atlanta law firm of King and running the show until very recently . . . If defy court orders to deny African Americans Spalding (formerly known as Spalding, Sib- he had another six months, he’d still knock their civil rights. In United States v Barnett ley, Troutman and Kelly). Upon arriving at off four or five major projects.’’ . . . Judge Bell voted with the majority of King and Spalding, he immediately ‘‘began Arlington Christian School the court in ordering the University of Mis- to lead the firm toward a more involved role Said law partner Bob Steed: ‘‘If he took a sissippi to admit James Meredith as a stu- in government affairs’’ (Murphy 1999, 40). In position, he’d take it strongly and defend it. dent and enjoined the governor from inter- 1958, after just five years, he became the But if someone improved it, he was willing fering with his admission. firm’s managing partner and one year later to give way. His ego didn’t get involved with I ask unanimous consent that the was named chief of staff to S. Ernest his choices.... He was sharp to the very firm’s biography of Judge Bell be print- Vandiver, the newly elected governor of end. He told his son that there must be a ed in the RECORD. Georgia. As chief of staff, Bell was the archi- committee in heaven in charge of dying, be- There being no objection, the mate- tect of the Sibley Commission, a blue ribbon cause it was taking so long.’’ rial was ordered to be printed in the panel designed to conduct hearings through- Former Mercer University Chancellor R. out the state ‘‘for the purpose of educating Kirby Godsey said, ‘‘Griffin Bell was more RECORD, as follows: segregationists on the inevitability of public than an outstanding statesman or a great BELL, GRIFFIN (1918—) school desegregation’’ (Patterson 1977). The American; he stood as a first citizen of the The shadow of Griffin Bell looms large commission is universally credited with world whose voice and insights will shape across the landscape of jurisprudence in the being the vehicle that saved Georgia’s public human history for decades to come.’’ United States. Over the course of his distin- school system. ‘‘No novelist—not even Dickens or John Ir- guished fifty-five-year legal career, Bell has In 1960, Bell was asked to cochair Sen. ving—could have created a more memorable compiled an impressive list of achievements, John F. Kennedy’s presidential campaign in character than Judge Bell,’’ said law partner serving as the managing partner of Atlanta’s Georgia. He agreed to do so ‘‘before it was by Richard N. Schneider. He took the role of premier law firm, the chief of staff to the any means certain a Catholic and a ‘liberal’ being a lawyer and transformed it into leg- governor of Georgia, the U.S. attorney gen- on civil rights could carry that state’’ (Pat- end.... It is remarkable that every man eral, legal adviser to three U.S. presidents, terson 1977). In one of their first meetings, and woman who spent even a brief period the ‘‘lawyer of last resort for some of the na- Kennedy asked Bell whether he would be em- with Judge Bell would cling to him and tion’s largest corporations,’’ and, for over barrassed to campaign on behalf of a Catho- claim him as their hero forever. That’s how fourteen years, an influential federal appel- lic. Bell replied, ‘‘Not at all. But I am embar- legends are made, and legends last forever— late judge. rassed for our country that you would think and that will be the case with the great Grif- Griffin Boyette Bell was born on 31 October to ask me that question’’ (Murphy 1999, 71). fin Bell.’’ 1918 in Americus, Georgia, to Adlai Cleveland In the end, Kennedy won the election and And finally, from former prosecutor and Bell, a cotton farmer, and Thelma Leola carried Georgia by a larger margin than in now CNN personality Nancy Grace: Pilcher Bell. A. C. Bell laid the foundation any other state. Afterward, Robert Kennedy, ‘‘I have known many, many judges during for his son’s future career in law and politics the president’s brother and new U.S. attor- my legal career. Judge Bell, without a doubt, at an early age, taking the youngster to nu- ney general, contacted Bell to inquire as to was the most honorable of them all . . . He merous campaign rallies and trials at the whether he was interested in a position or

VerDate Mar 15 2010 08:24 Jun 07, 2011 Jkt 079102 PO 00000 Frm 00011 Fmt 0686 Sfmt 0634 E:\BR09\S08JA9.000 S08JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 306 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 January 8, 2009 appointment with the federal government. One of Judge Bell’s most important en- side of their neighborhood so long as the Bell told him it was his understanding that forcement decisions was United States v. transfer did not have the effect of increasing two judgeships might open up on the United Hinds County School Board (1969), a case in- the majority of the students’ race at that States Court of Appeals for the Fifth Circuit, volving the development and implementa- school. If segregated schools still existed at that time the nation’s largest federal ap- tion of desegregation plans in thirty-three after the implementation of this policy, Bell pellate court, and that he would certainly be Mississippi school districts. This case came advocated pairing nearby schools together as interested in being considered for one of about after the Supreme Court reversed and a means of further ‘‘disestablishing the dual them. President Kennedy gladly obliged, remanded a Fifth Circuit order giving the school system’’ (101). Although Bell’s argu- nominating the forty-two-year-old Bell for a state additional time to desegregate, holding ment did not, initially, carry the day, his judgeship on the Fifth Circuit on 6 October ‘‘the continued operation of segregated valiant fight to preserve neighborhood 1961. But instead of waiting for the Senate to schools under a standard of allowing ‘all de- schools remains praiseworthy. Many histo- confirm the nomination, Kennedy decided to liberate speed’ for desegregation is no longer rians lavish praise on the activist members make Bell a recess appointment because of constitutionally permissible’’ (Alexander v. of the Fifth Circuit for requiring busing, but ‘‘the circuit’s mounting caseload problems’’ Holmes County Bd. of Educ. 1969). In an ex- the real-world consequences of their actions (Barrow and Walker 1998, 29). The U.S. Sen- traordinary move, the Court ordered the have been devastating for public schools. ate confirmed Bell’s nomination by an over- Fifth Circuit immediately to fashion and im- Bell believes that the decline of public edu- whelming margin the following spring. plement desegregation plans for each school cation in the United States is inextricably Griffin Bell brought a forceful personality district, even though the school year was al- linked to the judiciary’s decision to impose to the Fifth Circuit. A cross between Mark ready well under way. Chief Judge John R. ‘‘forced integration and mandatory busing’’ Twain and John Marshall, Bell was plain Brown wasted little time in assigning Bell on the schools: ‘‘Anybody with one eye and spoken, witty, charming, politically savvy, the difficult task of handling the case. half sense should have known that busing and extremely intelligent. He joined the Brown’s reasons for doing so were obvious to would ruin them. The neighborhood court during one of the most turbulent times the other members of the court. By that strengths were lost’’ (132). in our nation’s history. The country was in time, Bell had proven himself to be a bril- In addition to his formal participation on the midst of a social revolution, and the liant tactician and a deft negotiator. As the the bench, Bell also distinguished himself as Fifth Circuit—with jurisdiction over the ‘‘man in the middle,’’ he was adroit ‘‘in the an expert in the area of judicial administra- Deep South states of Alabama, Florida, use of compromise’’ and ‘‘had the ability to tion, establishing ‘‘many of the Fifth Cir- Georgia, Louisiana, Mississippi, and Texas— bring together opposing sides, to find a com- cuit’s innovative screening and expediting was the primary battleground in the struggle mon ground, and reconcile differences’’ (Bar- processes’’ (U.S. Senate Committee on the for civil rights. As tensions rose to a boiling row and Walker 1998, 28). A judge who fre- Judiciary 1977, 6). He held several leadership point, the Fifth Circuit was called upon to quently hunted with Bell claimed that he roles in this area, serving as the chairman of dispense justice and maintain societal order. was so persuasive ‘‘[he could] talk the birds the Federal Judicial Center’s Committee on Never one to sit on the sidelines, Bell wasted out of the trees to sit on his shoulder’’ (28). Innovation and Development (1968–1970), as a little time entering into the fray and quickly His colleagues had no doubt that he could director of the Federal Judicial Center (1973), became one of the court’s most respected and handle this complex and unwieldy case. Bell and as chairman of the American Bar Asso- influential jurists. As a judge, he unequivo- did not disappoint. He began by summoning ciation’s Commission on Standards of Judi- cally enforced the civil rights of black Amer- all of the school superintendents to New Or- cial Administration (1976). He also took time icans, served as a bridge between the activist leans for a meeting. According to one wit- from his judicial duties to serve as chairman judges of the court and states’ rights advo- ness, ‘‘He read the riot act to them—He told of the Atlanta Commission on Crime and Ju- cates, masterfully accommodated the com- them they were desegregating next month venile Delinquency (1965–1966). peting interests of warring civil rights liti- whether they liked it or not’’ (Strasser 1977). During his fourteen-plus years on the Fifth gants to achieve commonsense solutions in After flashing the ‘‘big stick,’’ Bell turned on Circuit, Judge Bell participated in over 3,000 the most complex of cases, and was a leader his trademark charm. He spent several cases and authored more than 1,000 opinions. in the fight to preserve neighborhood schools weeks conferring with civil rights lawyers, His reputation as jurist was such that four on a nonracial basis. school board attorneys, and local officials separate presidents (Kennedy, Nixon, Carter, Judge Bell was unquestionably one of the about the details of the respective desegrega- and Reagan) had Bell on their short list of court’s strongest civil rights enforcers. He tion plans and the manner in which they potential Supreme Court nominees. But as fervently believed in the rule of law and had would be implemented. This innovative ap- the fall of 1975 approached, Bell was restless. little patience for segregationist-minded proach ‘‘drew praise from all sides’’ and The intellectually challenging civil rights government officials seeking to evade or helped safeguard ‘‘the public’s perception of cases had come and gone, and he now spent defy court orders or deny blacks their civil judicial even-handedness’’ (Bass 1998a, 1505). the majority of his time dealing with ‘‘a rights. In United States v. Barnett (1963– More important, the Hinds decision marked heavy load of criminal and habeas corpus 1965), Bell voted with the majority of the a turning point for the Fifth Circuit’s deseg- matters,’’ work that he considered boring court in ordering the University of Mis- regation jurisprudence. In the past, if a cir- and dreary (Field Van Tassel 1993, 354). sissippi to admit James Meredith as a stu- cuit panel found fault with a district court’s Around that same time, lawyers from King dent, enjoining the governor of the state desegregation order, it would simply reverse and Spalding paid him a visit and asked him from interfering with his admission, and and remand the case with instructions to de- whether he would consider leaving the bench holding the governor in civil contempt for velop a new plan. In the meantime, schools and rejoining the firm. The offer was tempt- attempting to do so. In Evers v. Jackson Mu- would remain segregated. After Hinds, how- ing. Bell loved practicing law, and he missed nicipal Separate School District (1964), he re- ever, the status quo during desegregation working with clients. After a few months, he versed a district court’s dismissal of com- litigation was a desegregated school system. informed his fellow judges that he had de- plaints seeking desegregation of the public Judge Bell was the Fifth Circuit’s leading cided to resign. They were taken aback by school systems of Jackson, Biloxi, and Leake critic of using busing as a means of disestab- his announcement. It was highly unusual for County, Mississippi, eloquently noting that lishing the ‘‘separate but equal’’ school sys- a federal appellate judge to relinquish a life- schools are not truly desegregated until ‘‘in- tems of the past. Although Bell strongly be- time appointment, and Bell was, at that hibitions, legal and otherwise, serving to en- lieved in both the legal and moral correct- time, only the fourth judge to ever resign force segregation have been removed . . . ness of Brown v. Board of Education (1954), from the Fifth Circuit. Although his col- [and black children] are ‘afforded a reason- that black children have a fundamental con- leagues were disappointed by the decision, able and conscious opportunity to apply for stitutional right to attend school with white they were nothing but complimentary of his admission to any schools for which they are children and receive the same quality of edu- service to the court. Judge Bryan Simpson eligible without regard to their race or color, cation, he did not favor integration—that is, summed up their collective sentiment nice- and to have that choice fairly considered by busing children several hours across town to ly, noting that Bell ‘‘was a tower of strength, the enrolling authorities.’ ’’ In United States achieve ‘‘a racial ratio [in each school] that and I think his strength has been that he’s v. Lynd (1965), he authored an opinion hold- reflected the total school population in the been a balance wheel. He always took the ing a state court clerk in civil contempt for geographic entity’’ (Murphy 1999, 129). In his center ground, and he can draw people from willfully disregarding a court order allowing opinion, busing had nothing to do with equal either side when we get in these real tough blacks to register to vote. In Turner v. protection and everything to do with social fights’’ (Murphy 1999, 140). Goolsby (1965–1966), Bell crafted an innova- engineering. Bell interpreted Brown as giv- When Griffin Bell decided to step down tive desegregation order placing the school ing black students ‘‘freedom of choice to go from the bench, he thought his career as full- system of Taliaferro County, Georgia, into a to schools, primarily in their own neighbor- time public servant was over. But eleven receivership after local officials closed down hoods’’ (129). In this respect, he favored a short months later, everything changed. A the county’s only white school and secretly strict neighborhood-school policy, with a childhood acquaintance, Jimmy Earl Carter, arranged for those children to attend schools majority-to-minority transfer policy that al- had been elected the thirty-ninth president in adjoining counties. lowed students to transfer to a school out- of the United States and selected Bell to be

VerDate Mar 15 2010 08:24 Jun 07, 2011 Jkt 079102 PO 00000 Frm 00012 Fmt 0686 Sfmt 0634 E:\BR09\S08JA9.000 S08JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 8, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 307 his U.S. attorney general. Although he had by Secretary of Defense Donald Rumsfeld for [Jan. 7, 2009] no desire to return to government service, the purpose of developing rules to govern HARDWORKING BELL LEAVES A LEGACY TO BE Bell’s patriotism was such that he could not military tribunals (2002). During the Clinton APPRECIATED refuse a president’s request to serve his impeachment process, he was one of nineteen (By Terry Adamson) country. His selection, however, created a legal scholars asked to testify before the Judge Griffin Bell and I were breakfasting firestorm of controversy, and several mem- House Judiciary Committee on the historical in the White House mess in 1991 with my bers from Bell’s own party led the charge to origins of impeachment. In 1984, Bell re- wife, who was then on President George H.W. derail his nomination. After being subjected ceived the Thomas Jefferson Memorial Foun- Bush’s senior staff. The president heard Bell to one of the most contentious Senate con- dation Award for excellence in law, and he was there and sent a message to visit in the firmation fights in modern history, the Sen- was recently named one of the 100 Georgians Oval Office. It was a visit among friends, and ate Judiciary Committee voted ten to three, of the century. Bush and his wife, Barbara, at Bell’s invita- with one senator voting present, to rec- Judge Bell’s political clout remains consid- tion, were soon at Sea Island where they had ommend his confirmation to the full Senate. erable. In recent years, this onetime Demo- not visited since their honeymoon. Rounds of On 25 January 1977, the U.S. Senate voted crat has taken to endorsing Republican pres- golf were played, a return engagement for seventy-five to twenty-one to confirm him. idential candidates. He lent his support to Bell followed at Camp David that included Later that day, Chief Justice Warren E. Vice Pres. George H. W. Bush in 1992, Sen. golf with Bush and Arnold Palmer, and Bush Burger swore in Bell as the nation’s seventy- Robert Dole in 1996, and Gov. George W. Bush soon had Bell as his personal lawyer. For second U.S. attorney general. in 2000. During the presidential election con- Griffin Bell, who died Monday at age 90, that Griffin Bell has been called one of the troversy of 2000, Bell visited the recount site was normal. greatest attorney generals of the twentieth and served as one of the Bush team’s key ad- During his terminal illness, Bell’s doctors century. Under his leadership, the Depart- visers. He also filed an amicus brief on behalf told him to establish a goal each day. He ac- ment of Justice had an active legislative of the American Center for Law and Justice complished many during the last six months, agenda on issues such as judicial administra- in Bush v. Gore (2000). After the election, invigorated by the outpouring of visits and tion, criminal justice reform, and intel- Bell served as a member of president-elect calls of his lifetime of friends, and at peace ligence reform. Bell also helped reshape the Bush’s transition advisory team for the De- after a satisfying and long life. His mind federal judiciary by overseeing the selection partment of Justice. Although these actions stayed clear and vigorous to the end. Former of 152 new judges and in the process ap- have no doubt raised eyebrows in the Demo- Atlanta Constitution editor Eugene Patter- pointed more blacks, women, and Hispanics cratic Party, Bell insists that he is not a Re- son was one of those who told Bell in a call to the bench than any other administration publican: ‘‘I haven’t switched parties, I con- a few weeks ago how ‘‘the courage’’ dis- had up to that point. His primary achieve- sider myself to be an independent’’ (‘‘Griffin played by Bell and Gov. Ernest Vandiver to ment, however, was ‘‘rebuilding the Justice Bell, Carter’s Attorney General’’ 1996). bring Georgia within the legal requirements Department as a neutral zone in government of integration and save public education in Griffin Bell’s life is an American success [and] . . . restoring the integrity of the FBI Georgia ‘‘set my own bearing.’’ story. Born into humble circumstances, he and our foreign intelligence agencies in the Bell was a new 43-year-old judge for just a reached the heights of his profession through wake of Watergate’’ (Barry 2000). At the time few months on the 5th Circuit Court of Ap- a combination of talent, ambition, and an in- of Bell’s resignation, in August 1979, Chief peals when he drew the case that ended the defatigable work ethic. More important, Justice Burger remarked that ‘‘[n]o finer discriminatory county unit system and when positions of power provided him with man has ever occupied the great office of at- changed Georgia elections. He was soon em- an opportunity to make a difference, he con- torney general of the United States or broiled in Mississippi Gov. Ross Barnett’s de- sistently rose to the occasion. As a judge, his discharge[d] his duties with greater distinc- fiance of court orders to admit James Mere- ‘‘intelligence and even-handedness in admin- tion’’ (Murphy 1999, 302). dith to the University of Mississippi. The istering justice guided the South and the na- In the years following his return to King Georgia and Mississippi cases were two tion through some of its most perilous and Spalding, Griffin Bell has established among about 3,000 cases in which he partici- times’’ (Barry 2000). With all of his achieve- himself as one of the country’s premier law- pated and more than 500 opinions that he ments, this is Bell’s greatest legacy: his yers and most prolific rainmakers, bringing wrote. These cases reflected his frequent and commitment to the rule of law and the equal numerous and profitable clients to the firm. significant role during his nearly 15 years as rights of all citizens. Although he handles a variety of complex a judge in which he synthesized the court’s legal matters, he is nationally recognized for Mr. CHAMBLISS. There were many center, advancing civil rights. President his expertise in conducting internal inves- more important decisions in which he John F. Kennedy went on television in the tigations of high-profile corporate crime (for midst of the Barnett controversy to cite Bell was involved, and I was privileged to and other southern judges as courageous he- example, E. F. Hutton check-kiting scandal; study and learn from them while at- Exxon Valdez oil spill; Dow Corning breast roes. implant controversy). He has also received a tending law school at the University of In 1977, Bell and President Jimmy Carter had a mission to refurbish the Justice De- great deal of media attention for his pro Tennessee. partment and FBI after the severe tarnish of bono representation of Eugene Hasenfus, an Judge Bell was nominated by Presi- Watergate. He started and ended by boosting American mercenary shot down in Nicaragua dent Carter and confirmed by the Sen- the professionalism of the careerists in the while delivering arms to the Contras; serving ate on January 25, 1977, as the Nation’s department. When he left, the esprit of the as Pres. George H. W. Bush’s private attor- 72nd Attorney General. His force of body of the men and women at Justice was ney during the Iran-Contra investigation; character and common sense revived a at an all-time high. and guiding the Atlanta Committee for the As a critical ingredient of this mission, Olympic Games through a congressional in- Justice Department that suffered from the Watergate era. According to Terry Bell earned the respect of a cynical post-Wa- vestigation into actions taken by committee tergate press corps. Seemingly small things members during the bidding process. Adamson, a law clerk for the judge were part of his plan, such as posting on the In addition to his private practice, Judge when he was on the Fifth Circuit, a press room bulletin board his own daily logs Bell has continued to serve his country in a principal assistant for Judge Bell at showing his every meeting and telephone variety of leadership roles. In 1980, he led the the Justice Department and a long- call with anyone outside the Justice Depart- U.S. delegation to the Conference on Secu- time friend of his, he said in an article ment from the day before. He enforced rules rity and Cooperation in Europe. He has also such as restricting White House contacts to served as cochairman of the Attorney Gen- that also appeared this week in the At- lanta Journal Constitution: only the highest levels of the department to eral’s National Task Force on Violent Crime minimize even the appearance of political (1981); a member of the Secretary of State’s Bell recently told NPR reporter Nina pressures on lesser officials. Bell recently Advisory Committee on South Africa (1985 to Totenberg that his effort to bring about told NPR reporter Nina Totenberg that this 1987); a director, and then chairman, of the transparency during his service at the de- transparency was the core of restoring public Ethics Resource Center (1986 to 1991); a mem- partment was the core of restoring public confidence. ber of the Board of Trustees of the Founda- confidence. While rigorous about his national security tion for the Commemoration of the United responsibilities and proud of the first modern States Constitution (1986–1989); vice chair- Certainly, it was. successful prosecutions of spies, Bell also man of President Bush’s Commission on Fed- Mr. President, I ask unanimous con- persuaded the intelligence community and eral Ethics Law Reform (1989); a member of sent that Mr. Adamson’s article be the Congress to trust the judiciary to over- the Webster Commission, which, in March printed in the RECORD. see domestic surveillance by authoring and 2002, issued its report on Federal Bureau of passing the Foreign Intelligence Surveil- Investigation (FBI) security programs and There being no objection, the mate- lance Act. He recruited and persuaded Wil- Russian spy Robert Hanssen; and a member rial was ordered to be printed in the liam Webster to resign a lifetime appellate of the ad hoc advisory committee established RECORD, as follows: judgeship to become head of the FBI.

VerDate Mar 15 2010 08:24 Jun 07, 2011 Jkt 079102 PO 00000 Frm 00013 Fmt 0686 Sfmt 0634 E:\BR09\S08JA9.000 S08JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 308 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 January 8, 2009 Bell implemented Carter’s campaign King and Spalding and distinguished an unusual and favored position in our sys- pledge to give meaningful roles to minorities himself as one of the country’s premier tem. and women. African-Americans as solicitor lawyers. So now that you are about to become aris- tocrats, I want to give you a short lecture on general and the head of the civil rights divi- In closing, as I have paid tribute to sion were among his first two recruits. At behavior. We have an ample supply of law- the beginning of the Carter presidency, there his distinguished career, I wish to take yers in our country, and some of the lawyers were few minorities and no women judges on a moment to pay tribute to this won- overlook the obligation to serve others. They the federal appeals courts, and few on the derful gentleman and friend. As a law- also distort the privilege of practicing law by trial courts. It was one of the highest prior- yer, I learned so much from him about converting it into a mere occupation. I was ities of Carter and Bell, and for the first time the practice of law. As a Congressman taught in law school that a lawyer had eth- in history, significant percentages of women and Senator, I learned so much about ical obligations well above the morals of the and minorities became federal trial and ap- politics and public service. marketplace. pellate judges. We are privileged to represent others in re- As I watched Bell operate over the years, I As a friend, I enjoyed our visits and solving their problems, but we have to do so was amazed not only with the depth of his conversations. His keen sense of humor with the public interest in mind. We can ad- mind, but his laudable ability to absorb and has been compared to Mark Twain. As vise and counsel and defend clients, but we process the energy and knowledge of the law my good friend, Bob Steed—Georgia’s cannot advise or facilitate activities which clerks, aides, or fellow lawyers around him very own ‘‘Mark Twain’’; a real humor- violate the law. We live in a very complex in order to improve his own. The daily ist, columnist, and long-time law part- world where the channels of commerce de- breakfast with other Justice officials in the ner of Judge Bell—said this week of his pend on tax laws, which are often Martha Mitchell dining room was nothing unfathomable. There is a fine line between but fodder for his intellect. wisdom and wit: tax avoiders and tax evaders. Accounting Initially labeled by some critics as a If he took a position, he’d take it strongly standards can be evaded with the result that ‘‘crony’’ of Carter, 21 senators voted against and defend it. But if someone improved it, he the public loses confidence in our business Bell’s confirmation as attorney general. All was willing to give way. His ego didn’t get corporations and in the integrity of the mar- of these opponents later publicly voiced involved with choices . . . He was sharp to ketplace. Lawyers are the watchmen on the their support for him. Bob Dole wrote in the the very end. He told his son that there must wall in the sense that they should say no to Washington Post that his vote against Bell be a committee in heaven in charge of dying, clients who engage in such activities. was one of his two worst votes in Congress. because it was taking so long. One of the first duties of a lawyer is to re- The leader of that initial opposition, Sen. That was Judge Bell. main detached in any representation to the Charles McMathias, a liberal Republican Griffin Bell changed the course of the end that you do not facilitate the breaking from Maryland, also recanted ‘‘the error of history of our country. As a judge on of the law. Always err on the side of doing his opposition’’ as he hosted Bell at his the Fifth Circuit, his decisions regard- right. You and only you are responsible for Maryland farm before they together com- your ethics. memorated John Marshall, the first chief ing integration of school systems in You should attach yourself to a mentor at justice, at a nearby rural burial site. Georgia and across the South were a the earliest possible time. Those of you who Bell was a people’s person of the first model for integration throughout the will be trial lawyers—and that will probably order, who valued his own common origins. Nation. In his role as Attorney Gen- be about half of you—will not have the privi- Secretaries around the Justice Department eral, he did much to restore the lege of being trained as barristers, as would would be surprised when this attorney gen- be the case in England, where you would eral would wander into their far-flung of- public’s trust in the Department of Justice. He was a close personal friend have your training at an Inn of Court. Inns fices, alone and unannounced. It took no of Court do not teach law, but they teach more than five minutes before Bell had es- of mine, and this is not only a national lawyers how to conduct themselves and how tablished a common acquaintance. On the loss but a personal one as well. to behave themselves. Once they are cer- day a massive snowstorm engulfed and Mr. President, I have before me a tified by their mentors, as knowing how to closed Washington, the Washington Post commencement speech that he gave at conduct themselves, they become barristers. called the offices of the Cabinet to see who Mercer University Law School in 2002. If you attach yourself to a mentor who has was working. He and I were the only ones I ask unanimous consent that it be integrity—and I can assure you that the there that morning, and I was off making printed in the RECORD. older lawyers are always glad to help young coffee, when the phone rang. He answered in lawyers—you will absorb those qualities of his recognizable and unassuming drawl. That There being no objection, the mate- rial was ordered to be printed in the conduct that will make you into respected was the lead of the Washington Post story lawyers. about who was working in Washington. RECORD, as follows: The rules of conduct that you should fol- Bell’s most mentioned trait was his rich Dr. Godsey, Congressman Chambliss, mem- low in your practice can be simply stated. humor and wit. Former Atlanta Constitution bers of the faculty, families of graduates, 1. To a client a lawyer owes undivided alle- editor Reg Murphy wrote an engaging biog- graduates and friends: giance and the utmost application of your raphy laden with samplings of this wit: ‘‘Un- I congratulate each one of you graduates learning, skill and industry as well as the common Sense: The Achievement of Griffin on having completed law school. Through employment of all appropriate legal means Bell.’’ Bell introduced a widely rumored aph- much study and great effort, you are about within the law to protect and enforce the in- rodisiac, rooster pepper sausage, to Wash- to become lawyers. You are about to become terests of the clients. You should not be de- ington, headlined in a front-page story by re- members of a privileged class of Americans terred by any fear of judicial disfavor or pub- porter Phil Gailey, ‘‘Rooster Pepper has because as lawyers, you are agreeing to serve lic unpopularity. Nor should you be influ- White House Links.’’ your fellow Americans in resolving those enced by self interest. Bell gave a still remembered acceptance kinds of disputes which arise in a free coun- 2. To opposing counsel a lawyer owes a speech in 1979 as ‘‘a candidate for President try. duty of courtesy, candor in the pursuit of of the United States’’ at the Alfalfa Club, an We have many rights and many respon- truth and cooperation in all respects—not in- annual banquet and mock political event in sibilities, and lawyers are necessary to re- consistent with the clients’ interests. You Washington usually attended by the current solve the conflicts which arise from time to also must scrupulously observe all mutual president, the Cabinet, military, judicial, po- time with respect to those rights and respon- understandings. Your word is your bond. litical and business leaders. He began in his sibilities. 3. To the courts you owe respect, diligence, distinctive Georgia drawl, ‘‘I would like to In 1835, a young Frenchman by the name of candor and punctuality. You should also advise that arrangements have been made Alexis de Tocqueville came to this country work to ensure the independence of the judi- for simultaneous translation.’’ to study our prison system. He stayed for ciary and protect the courts against unjust He continued (paraphrasing Churchill’s two years and ended up writing Democracy and improper criticism. In return, you great statement), ‘‘Our motto will be to in America, an epic study of our democratic should expect from the judge and the courts wage obfuscation. We will wage obfuscation system. He reached many conclusions, and that you be treated with respect and that on the beaches and on the landing fields and two apply to you. your dignity and independence as an officer in the political arena of America. And when First, he said that almost every problem of the court be maintained. I have always all else fails and we can no longer obfuscate, that arises in a democracy will eventually be thought it a mark of great distinction that a we will tell the truth to the extent we know resolved in the court system. This was true lawyer in court can make a statement, as it.’’ then and it is true now. they say, ‘‘in his or her place’’ to the court, We celebrate with deep affection the life of Second, he said that there was no aristoc- without the necessity of being put under this rare man. racy in America, but that the nearest ap- oath. This is a mark of our professionalism. Mr. CHAMBLISS. When leaving the proach to aristocracy was in the lawyer 4. In the administration of justice, you Fifth Circuit, Judge Bell returned to class. His thought was that lawyers occupy must abide by the rules and conform to the

VerDate Mar 15 2010 08:24 Jun 07, 2011 Jkt 079102 PO 00000 Frm 00014 Fmt 0686 Sfmt 0634 E:\BR09\S08JA9.000 S08JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 8, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 309 highest principles of professional rectitude, rity of the Middle East but also to the Bank to form a legitimate and authori- irrespective of the desires of the clients or rest of the world. tative body which can speak for all of others. The United States and Israel share Palestine, effectuate change, and exer- 5. To the public you owe the duty of mak- common principles and a strong com- cise control over terrorists who reside ing certain that the system for admin- istering justice is fair and efficient, and you mitment to eradicate terrorism and to in their territory. I commend President should do what you can to improve the sys- secure a better future for the world. Abbas for taking part in the inter- tem. Israel has been a steadfast ally of the national discussions about the situa- 6. To the public you also owe the duty of United States and, I assure you, the tion in Gaza. seeing to it that counsel is made available to United States will stand ready to assist I support the necessary requirements those who cannot afford counsel either on a our friends, the Israelis, to promote of any cease-fire which Secretary Rice pro bono basis or for such fees as can be af- peace, defeat terrorism, and prevent discussed before the United Nations. forded. hostile countries that sponsor ter- Hamas must end the rocket, mortar, 7. Finally, to our country you owe the duty of leadership. You are in the class ‘‘to whom rorism from obtaining nuclear weap- and other attacks on Israel, and Israel much is given, much is expected.’’ ons. can then cease its military offensive You should arrange your affairs as lawyers With hopes for peace and a two-state and reopen Gaza’s border crossings so so as to have time to be thorough and dili- solution, Israel evacuated all of its that Palestinians can benefit from hu- gent. The bane of many lawyers may be hav- citizens and soldiers from Gaza in 2005, manitarian goods and basic supplies. ing too much practice. You do not serve any including the uprooting of homes, Most importantly, the smuggling of client well when you lack the time to be schools, and places of worship. Unfor- weapons into Gaza through hundreds of thorough and prompt. You are not required tunately and regrettably, following illegal tunnels must end. The Arab to take every matter that is presented to these actions, the Palestinians failed you, but having assumed a representation, it states in the region, especially Egypt, becomes your duty to finish the representa- to develop fully the Gaza Strip and should be a part of this process, and I tion. Sometimes you will make a bad bar- voted into power Hamas, a terrorist or- encourage the Palestinians to seek gain, but as professionals, you are still obli- ganization supported by Iran and their guidance and support, and in re- gated to carry out the representation. whose true objective is to eradicate the turn for them to offer guidance and po- Someone asked one of my friends when we state of Israel. litical and financial support. were in law school why so many of us vet- Following years where terror groups Madam President, with that, I yield erans were going to law school just after in Gaza launched rockets at Israel, tar- the floor and suggest the absence of a World War II. My friend replied that we were geting the Israeli civilian population, hoping to gain a part of the American dream. quorum. In most instances, my generation has found it became clear that it was time for ac- The PRESIDING OFFICER. The the American dream. We have had good, re- tion. After Hamas failed to renew its clerk will call the roll. warding lives and we have taken great pride self-imposed cease-fire—one it, frankly, The assistant legislative clerk pro- in our profession. never enforced fully—Israel was forced ceeded to call the roll. I am proud to be a lawyer. I am proud of to take appropriate action to protect Mr. WHITEHOUSE. Madam Presi- the fact that my son is a lawyer, and I am her citizens. To that end, Israel has re- dent, I ask unanimous consent that the proud of the fact that my grandson, a mem- sponded appropriately. order for the quorum call be rescinded. ber of this class, is about to become a law- The United States-Israel alliance re- The PRESIDING OFFICER. Without yer. Being a lawyer is an honorable profes- mains more critical than ever as Israel sion, and our obligation is to maintain it objection, it is so ordered. with honor. defends her people and works to end Mr. WHITEHOUSE. Finally, I ask I feel certain that all of you will have that the threat posed from terrorist groups unanimous consent to speak for 15 min- attitude toward being lawyers, and I wish on its borders. The United States and utes as in morning business. you well as you go forth now into the prac- Israel face an unprecedented array of The PRESIDING OFFICER. Without tice. I hope that each one of you will find the shared threats—from Iran developing a objection, it is so ordered. American dream. nuclear program with unclear inten- f Thank you. tions and a clear track record of deceit, HEALTH CARE REFORM Mr. CHAMBLISS. I remember the to the expanding military capabilities day very well when Judge Bell gave of terrorist groups such as Hamas and Mr. WHITEHOUSE. Madam Presi- that commencement speech at Mercer Hezbollah, which are supported by dent, today Senator Daschle has come Law School because that day his Iran—and security and stability in the before the HELP Committee for his grandson Griffin, III graduated from Middle East, especially for our ally confirmation hearing as our Secretary Mercer Law School, and my son Bo Israel, has never been more precarious. designate of Health and Human Serv- graduated from Mercer that same day. I do hope this conflict will soon come ices. I know that all of our colleagues I was privileged not only to be there to to a peaceful conclusion. Neverthe- and friends in the Senate found it mov- see my son graduate from law school less—and let me be clear—Israel has ing and wonderful to see the distin- but also to share the dais with Judge every right to defend its citizens while guished chairman of that committee, Bell and to introduce Judge Bell to taking precautions, to the extent pos- Senator KENNEDY, back in his chair make that commencement address. sible, to spare the civilian population leading that hearing. We are all de- He was a great American. He was a in Gaza and reduce collateral damage. lighted to see him back at work in the great Georgian. He was a terrific law- I urge the people of Gaza to reject Senate, and we are delighted to see yer with unparalleled credentials, un- Hamas and surrender the terrorists’ Senator Daschle back with us in this paralleled integrity, and someone who rockets in the most expedient manner exciting new capacity. is going to be missed by our State and to facilitate ending this necessary ac- We know every American deserves by our country. tion by Israel. Israel remains com- health care that he or she can afford. (Ms. KLOBUCHAR assumed the chair.) mitted to peace talks with the Pales- Senator Daschle knows that to do that f tinian Authority, despite Hamas’s con- we need basic systemic reform that stant bombardment of Israel and its in- will improve the way health care is de- ISRAEL effective control over the Gaza Strip. livered in this country. Senator Mr. CHAMBLISS. Madam President, In order to improve the prospects for Daschle has already brought forward I also wish to discuss the security in successful and lasting peace between ideas, such as the creation of a Federal the Middle East and to offer my sup- the Israelis and the Palestinians, it is health board, that have contributed port for Israel. Israel is an important necessary for all Palestinians to work enormously to the health care reform foundation of stability and democracy toward a solution. This cannot be done debate, and I hope very much he will in the Middle East. The resolution of while Hamas is allowed to rain terror pursue those ideas further at HHS. His the Israeli-Palestinian conflict is im- into southern Israel. I encourage the nomination and President-elect portant not only to the peace and secu- Palestinian Authority in the West Obama’s creation of a new White House

VerDate Mar 15 2010 08:24 Jun 07, 2011 Jkt 079102 PO 00000 Frm 00015 Fmt 0686 Sfmt 0634 E:\BR09\S08JA9.000 S08JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 310 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 January 8, 2009 Office of Health Care Reform empha- work urgently to repair this broken debt. She had recently bought her own size their serious commitment to solv- system. I wish to take a moment to home, a longtime dream and an accom- ing this bedeviling problem. Senator share a few of those stories. plishment in which she took great Daschle will bring distinguished, A mother in Narragansett, RI, shared pride. Now, because of the fine print of thoughtful leadership to the crisis in a story about her 20-year-old son who that health insurance policy, she risks our Nation’s health care system. suffers from severe bipolar disorder and losing the home she worked so long to Health care reform is the signal chal- relies on therapy and expensive medi- afford. As this Rhode Islander learned lenge facing our families, our economy, cations to remain a valued and produc- in the hardest way possible, health in- and our Government. I wish to take a tive member of his community. He is surance often ends up ensuring very few minutes today to speak about this too old to be covered under her family little. great challenge and the urgent need for health insurance plan, and his pre- It is on behalf of these Rhode Island- action. existing condition makes buying insur- ers and so many others that I urge my We all know the system is broken. ance on the individual market impos- colleagues to come together to support The evidence lies all around us—in my sible—prohibitively expensive. So what health care reform that will lower State of Rhode Island and across the did they do? This mother and her fam- costs and improve the quality of care country. When a lost job is frightening ily came up with a surprising solution. for all Americans. We must improve not just because it means lost income They enrolled her son at the Commu- the way we deliver health care by pro- but because it means lost health care, nity College of Rhode Island so he moting quality, implementing health our health care system is broken. When could participate in the student health information technology, and investing sudden illness strikes and insurance insurance plan. He takes the absolute in preventing disease. We must, and will not cover the costs, our health minimum course load in order to con- will, protect existing coverage when it care system is broken. When families tinue to work, but he remains a stu- is good, we must improve it when it is wait to see a doctor until it is too late dent because it is less expensive to pay not, and we must guarantee health because they have no health insurance for college tuition than it is to pay for care for the 46 million Americans, 9 to pay for the visit, our health care individual health insurance. Any par- million of whom are children who have system is broken. ent with a child in college knows what no health insurance at all. We see the evidence of the broken a burden this Rhode Island family is We see ourselves now in darkening system and the staggering costs of bearing to ensure that their son gets and tumultuous economic times. Yet health care in this country. The United the basic treatment he needs to stay looking beyond the immediate eco- States spends 16 percent of our GDP on healthy. nomic perils we face, there is a $35 tril- health care. That is about twice what I also heard from the proud owner of lion unfunded liability for Medicare our major industrialized competitor a small bookkeeping and tax prepara- that is bearing down on us. It is bear- nations spend. The annual cost of the tion business in Warwick, RI. She has ing down on us because our population system exceeds $2 trillion, and it is ex- worked tirelessly to raise five sons, go is aging, because people get sicker as pected soon to double. Family health back to college, and finally she has be- they age, and that makes them more emergencies have been the most com- come her own boss. Yet despite all her expensive. Unless we figure out a way mon cause of personal bankruptcy, and effort and all her success, she wrote me in this Chamber to stop time, unless we businesses, large and small, struggle to plead for reform. She wrote this: figure out a way in this Chamber to re- under the weight of ever-increasing I spend over 50 percent of my income just verse the aging process, unless we fig- health insurance costs. There is more to have health insurance for my husband and ure out a way in this Chamber to make health care than steel in Ford’s cars myself. The premiums are over $1,000 per elders have healthier lives and bodies and more health care than coffee beans month, even with very high deductibles. My than younger people, this is inevitable. in Starbucks coffee. employees need health insurance also, but I It is coming at us, and we have to pre- Yet for all that money, what do we am unable to provide them with any benefits pare. In order to prepare, we have to get? We still leave 46 million Ameri- because of the poor economic conditions. reform the health care delivery system. cans uninsured; 46 million wrenching Her employees are like family to her, We are committed, as Democrats, to stories of health care foregone, of per- as with so many small businesses, and making sure every American has sonal misfortune, even lives lost. That it breaks her heart that they are unin- health insurance coverage, but it is not doesn’t even include the experiences of sured. Yet she says she simply will not enough just to bring everyone into the our Nation’s underinsured or small be able to keep her doors open if she boat. If you had a boat in the ocean business owners struggling to provide tried to contribute toward their bene- and people swimming around it and to health insurance or the many Ameri- fits. save them you needed to bring them cans who receive poor quality health In the midst of this economic down- into the boat, you would do that. But if care. turn, and particularly in Rhode Island the boat itself was sinking, if the boat President-elect Obama is committed where the unemployment rate is one of itself was on fire, just bringing every- to reforming this broken system, and the highest in the Nation, this story body into the boat is not an adequate he has taken swift action to engage the shows all too clearly how closely discharge of your duties. It is also im- American people in a national con- linked are the tasks of reforming our portant that you repair the boat, that versation about what is wrong and health care system and strengthening you get it steaming forward, that you what we can do to fix it. Last month, our economy. make sure it is safe for the people he and Secretary-designate Daschle Our health care system manages to whom you bring into it. asked people to hold meetings in their fail even those who believe themselves That means reforming our health in- communities to discuss health care re- to be covered. A woman who lives in formation technology infrastructure so form and to share their ideas. Woonsocket and who has health insur- every American can count on an elec- In the end, there is no better way to ance and was always careful to pay her tronic health record, so when you go to understand the deep failures of our bills on time, assumed she would be see your doctor, you don’t have to fill health care system and the very real covered in the event of an emergency. out that clipboard one time after an- pain, frustration, anxiety, and anger it Why not? She was current. She paid other, when at the same time you can causes than to talk to the people who her premiums. She had insurance. But sign on to Amazon and not only do have experienced it firsthand. Over the not too long ago, she suddenly had to they know who you are, they know past few years—at community dinners have her appendix removed. Despite what you have bought and they have that I have around our State, in my of- having health insurance, she left that suggestions for you based on your buy- fice, as I travel around—many Rhode hospital with a $10,000 bill. She is cur- ing habits. There is no excuse for our Islanders have reached out to me to rently working for a temp service and health care system being back in the share their stories and to urge that we she has no idea how she can pay off this 1950s as the rest of the economy moves

VerDate Mar 15 2010 08:24 Jun 07, 2011 Jkt 079102 PO 00000 Frm 00016 Fmt 0686 Sfmt 0634 E:\BR09\S08JA9.000 S08JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 8, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 311 forward into the 21st century. It re- year alone. To put that in context, we country because our ability to cope quires improving the quality of health have a gross debt of the United States with an economic downturn, the flexi- care and it requires investing in pre- of $10.6 trillion roughly today. bility is substantially limited by what vention. So I think it is imperative that while has already been done to dramatically We dramatically underinvest in pre- we put together an economic recovery increase the debt, as the Senator de- vention and quality. There are market plan, which we must, we also are cog- scribed, in good economic times. Unfor- failures that cause those things to hap- nizant of the very serious long-term tunately, that is the reality we now pen. They are repairable. In addition to fiscal condition we face as a nation. confront. the cost savings, it is estimated that There is a front-page story in the Today’s news by the Congressional 100,000 Americans die every year— New York Times today indicating that Budget Office of not only the $1.2 tril- 100,000 Americans die every year—be- the Chinese, the biggest financers of lion deficit this year but massive defi- cause of avoidable medical errors. It is our debt, have a reduced appetite for cits as far as the eye can see should simply not tolerable to allow that to American dollar-denominated debt be- sober us all. continue, particularly when it is a win- cause they have their own economic Mr. WHITEHOUSE. I thank the very win situation, where improved quality issues, their own need for the use of distinguished chairman of the Budget of care means lower costs. capital at home. This could have enor- Committee for being willing to engage Finally, the third leg of the reform, mous consequences for us going for- in this colloquy with me. in addition to helping infrastructure ward in terms of interest rates and Mr. CONRAD. I thank the Senator technology and quality and prevention what it will take to attract foreign from Rhode Island and look forward to reform, is that we have to reform how capital to float this economic boat. working with him on the Budget Com- we pay for health care to align the One final point. Last year, of the new mittee as we attempt to come up with price signal that we send by those pay- debt financing for this country, 68 per- a plan to deal with these multiple chal- ments with what we want from health cent of it came from abroad. Madam lenges. care. Until we do that, we will be con- President, 68 percent of our new debt f stantly struggling uphill against our financing came from abroad. The fact that the Chinese, who have been the RECESS own financial message. The PRESIDING OFFICER. Under This is all doable. This is all so do- most significant contributors to fi- nancing that debt, are expressing a re- the previous order, the Senate will able, but it will take time. These are luctance to take on more of our debt, stand in recess until 4:45 p.m. complex matters. We will have to make do more of our debt financing, should Thereupon, the Senate, at 3:34 p.m., adjustments. The adjustments will send a warning signal to all of us as we recessed until 4:45 p.m. and reassem- take time. It is a dynamic environment fashion long-term fiscal and economic bled when called to order by the Pre- which will have to make course correc- policy. siding Officer (Ms. KLOBUCHAR). tions along the way. That means we I yield the floor. The PRESIDING OFFICER. The Sen- need to start now. We do not have the The PRESIDING OFFICER. The Sen- ator from Oklahoma is recognized. luxury of time on our side. If we do not ator from Rhode Island. Mr. INHOFE. Madam President, get started on a thorough-going health Mr. WHITEHOUSE. Madam Presi- under the rules, have we been in a care delivery system reform now, then dent, I wish to ask, through the Chair, quorum call or in recess? the alternative will be times that are a question of the distinguished chair- The PRESIDING OFFICER. We have even darker and more tumultuous than man of the Budget Committee with re- been in a recess. we find ourselves in right now. spect to the $10 trillion debt the coun- f I see the very distinguished chairman try is now carrying. GLOBAL WARMING of the Budget Committee on the floor, At the time the current administra- a man who is an eloquent voice on the tion that is leaving office came into of- Mr. INHOFE. Madam President, first dark and tumultuous times and the fice 8 years ago, my understanding is of all, I appreciate your coming from risks we face from the current fiscal the situation in America was rather your meeting to preside. As we begin situation, so I will gladly yield at this different. It is my understanding that the new Congress and a new adminis- point, and I thank the Presiding Offi- at that time we were actually looking tration, we begin a new chapter on en- cer. at surpluses in our country, and the $10 ergy and environmental policy, and it The PRESIDING OFFICER. The Sen- trillion deficit is largely the responsi- is a time that environmental activists, ator from North Dakota is recognized. bility of the policies that have been the United Nations, and many of my f followed over the past 8 years. Democratic colleagues have been sali- Mr. CONRAD. The Senator is exactly vating for for years. The stars are all CBO REPORT right. The debt of the country at the aligned. Democrats control both sides Mr. CONRAD. Madam President, first beginning of the last administration of Pennsylvania Avenue, and the Su- of all, I wish to thank Senator was about $5 trillion. They have ap- preme Court has spoken now that car- WHITEHOUSE for his contributions to proximately doubled the debt of the bon dioxide is a pollutant under the this Chamber. He has been an out- country on their watch, dramatically Clear Air Act, even though it was a 5- standing Member. He serves on the more than doubled foreign holdings of to-4 decision. It is kind of interesting Budget Committee with me. He has de- U.S. debt. So the current administra- how something can be a pollutant with veloped a special expertise on health tion, the outgoing administration, has a 5-to-4 decision. care which is so badly needed. left the incoming administration in a It is believed the stage has been set I wish to comment very briefly on very deep hole, not to mention the eco- for a home run on mandatory Kyoto- the CBO report we received today in nomic difficulties and the extreme like climate controls and the dawn of a the Budget Committee hearing on the need for an economic recovery plan to new bustling green energy economy. fiscal outlook. It is truly jaw-dropping. give lift to this economy. However, before many of my colleagues There is a $1.2 trillion deficit for this Mr. WHITEHOUSE. So through the rush to leap before they look, I wish to year, before any economic recovery good times, we could have been laying remind them of some very unfortunate package is passed. Add to the debt even money aside so that when this situa- developments that may complicate higher: $1.6 trillion will be added to the tion came, we would be in a strong eco- their early action on items on their debt of the country, and, again, that is nomic condition. Instead, by squan- wish lists. I ask my colleagues to at before any cost of an economic recov- dering all those years, we have put the least consider some of the facts I will ery plan. incoming administration in a very be revealing over the next series of If one factors in an economic recov- challenging position. speeches and to keep an open mind be- ery plan, we could be looking at an in- Mr. CONRAD. Yes, not only the in- fore rushing to sweeping action after crease in the debt of $2 trillion this coming administration, the whole waiting for so many years.

VerDate Mar 15 2010 08:24 Jun 07, 2011 Jkt 079102 PO 00000 Frm 00017 Fmt 0686 Sfmt 0634 E:\BR09\S08JA9.000 S08JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 312 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 January 8, 2009 The scale and pace of the climate hood of $300 billion a year. That Before I do that, I ask all my col- proposals and the regulatory actions equates to over $2,000 for each tax- leagues to think about the issue. we have debated in the past, including paying family in America. So it is Science should not be reviewed through the recently failed Lieberman-Warner huge. any one frame. It is not partisan, it is bill and the ones we will likely be de- In the coming weeks, I will go into not regional; however, the political bating this Congress, leave little room more detail about other false promises process has largely engulfed science be- for error in this fragile, recession-rid- proponents of mandatory global warm- hind climate change. As I have docu- den economy, and the inflated promises ing policies are advocating. Among mented in speeches before, the politi- of a sweeping green jobs revolution them are a reality check on green cizing of the global warming science need an honest and frank reality. The projects—the number of new green jobs has become one of the most unfortu- proponents of mandatory global warm- from a climate regime are overstated nate developments in the last 8 years. ing controls need to be honest with the compared to the number of manufac- Anytime one questions a hypothesis or American people. The purpose of these turing jobs lost, and we know from the a conclusion that does not fall in line programs is to ration fossil-based en- National Association of Manufacturers with ‘‘the sky is falling’’ doom and ergy by making it more expensive and how many jobs would have been lost gloom scenario of global warming therefore less appealing for public con- with any of these schemes in the past; alarmists, it is ridiculed, written off, sumption. It is a regressive tax that a review of the weaknesses of offset denigrated, and not reported by the imposes a greater burden relative to re- policies—companies have bought off- mainstream media. Yet anytime a sources on the poor than it does on the sets which are not real; and a review of more severe interpretation or alarming rich. Let me say that again. The pur- the attempts to estimate the cost of in- statistic is related, it is headline grab- pose of these programs is to ration the action. Many advocates are claiming it bing in the news. Objective, trans- fossil fuel-based energy by making it is more expensive to do nothing than parent, and verifiable science gets lost more expensive to all Americans and the cost of a cap and trade, but they in the public dialog. therefore less appealing for public con- are untested and nontransparent eco- Funding has a way of influencing this sumption. But it is a regressive tax, nomic modeling. debate. The other day there was an ar- and we have talked about this before. All these issues will play a vital role ticle in the Bloomberg News—and I say It is one that punishes those whose re- in the debate on both energy and global this for those individuals who might be sources have to be used for such pur- warming policy, which have become feeling sorry for Al Gore—it was re- poses as being able to operate their ve- unavoidably intertwined. You can’t ported that his net worth in 2000 was hicles and heat their homes. really talk about one without the between $1 million and $2 million and Advocates may argue that the redis- other. You can’t talk about what you it is now in excess of $100 million tribution of wealth toward the income are going to do on greenhouse gases or today, so he will be all right. When the stakes of the policy out- consumers will offset the balance of CO2 or cap and trade without affecting revenue or taxes being taken in, but we our overall energy policy. comes with cap and trade and other learned firsthand during the When there are sensible proposals de- mandatory climate proposals are this Lieberman-Warner debate that this bated in Congress that can achieve high for the American people, I hope simply is not true. I don’t like the ar- double benefits of reducing emissions the Senate this year will embrace my gument that we have equal distribu- and making America’s energy supply calls for objectivity and transparency tion of wealth efforts that are going to more stable, diverse, and affordable, in science and modeling. As policy- take a regressive nature out of the pu- then we will look forward to working makers, it is our duty to make sure nitive values of this type of program. on a bipartisan basis to achieving these models developed by agencies and used in policy are useful for their intended To me, there is something un-Amer- goals. Increasing our domestic energy purpose, articulate major assumptions ican about that. But while the bill’s production and lowering our depend- and uncertainties, and separate sci- sponsors try to convince us there is ac- ence on foreign oil are two issues that entific conclusions from policy judg- tually tax relief in the bill, we learn are critically important to myself and ments. that families—now I am talking about my State of Oklahoma, and of course However, with global warming the Lieberman-Warner bill, and this this will include renewables and new science this has not been the case. was only about 8 months ago, the green jobs. With many left-of-center scientists, However, we need to be smart and re- Lieberman-Warner bill—we learn that the environmental activists now real- families with workers will still have to alistic about these policies. Unfortu- ize the so-called consensus on man- pay $6.7 trillion into the system in the nately, I fear that the scale and pace made global warming is not holding up. form of higher energy costs to get back many of my colleagues will be advo- The leftwing blog Huffington Post— an estimated $802 billion in tax relief. cating with mandatory climate policies this is a left-leaning organization—sur- That is a return of $1 out of every $8.40 are unrealistic, extraordinarily nar- prised a lot of people by featuring an paid. It is time that proponents of cli- rowly expensive, and ill-advised. What article on January 3, 2008, by Harold mate policies be honest. It is expen- is the driver for these unrealistic pro- Ambler demanding an apology from sive, and it is going to cost taxpayers a posals that seem to make unneces- Gore for promoting unfounded global lot of money. sarily abrupt and painful increases in warming fears. The Huffington Post— You know, it doesn’t really matter our energy costs in the near term? It is again, left leaning—article accused which form we use. We have gone all rooted in global warming science. Gore of telling the biggest whopper through, first of all, the Kyoto Treaty. I have given over 12 speeches, aver- ever sold to the American public in the We came this close to passing the aging over an hour apiece, on the history of mankind because he claimed Kyoto Treaty, and it wasn’t until the science of global warming over the past the science was settled on global warm- Wharton School of Economics came few years. Today, I wish to update my ing. The Huffington Post article, enti- along with the econometrics survey colleagues on some of the latest tled ‘‘Mr. Gore: Apology Accepted,’’ and they determined it would cost science that has not yet been reported adds, ‘‘It is Mr. Gore and his brethren some $300 billion a year to join onto in the mainstream media. I will simply who are flat-Earthers, not the skep- and actually try to achieve the emis- be a disseminator of this information tics.’’ Again, it is not myself, not Jim sion requirements of Kyoto. Then and not a commentator. I have to say Inhofe saying this about Gore; it is the along came the McCain-Lieberman bill that because I am not a scientist, nor leftwing blog, the Huffington Post, say- and then after that the Warner- is anyone else that I know of in this ing these things. Lieberman bill. And cap and trade is body a scientist. So the statements I The Huffington Post article con- going to be about the same amount. will make will be quoting people who tinues: They may massage it a little bit, but are qualified and are scientists, and Let us neither cripple our own economy by we are still talking in the neighbor- this is what my role will be. mislabeling carbon dioxide a pollutant nor

VerDate Mar 15 2010 08:24 Jun 07, 2011 Jkt 079102 PO 00000 Frm 00018 Fmt 0686 Sfmt 0634 E:\BR09\S08JA9.000 S08JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 8, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 313 discourage development in the Third World, You know, to think that we could affect paigns, to throw into the system. We where suffering continues unabated day after weather all that much is pretty arrogant. are getting a lot of encouragement. day. Mother Nature is so big, the world is so big, Things have changed. In fact, at the Another left-of-center atmospheric the oceans are so big—I think we are going end of the bill that we had that is re- to die from the lack of fresh water or we are scientist who has descended on the ferred to sometimes as either the manmade climate fears is the U.K.’s going to die from some type of ocean acidifi- cation before we die from global warming, Lieberman-Warner bill or the Boxer Richard Courtney, a U.N.—and let’s for sure. climate tax bill, they are only able to keep in mind where all this started. A Myers joins fellow CNN meteorolo- get about 37 people from their own lot of people forget this was started by gist—by the way, CNN has been very party, from this side of the aisle over the United Nations—the United Na- biased all this time. I think we know here, who would support it. That is a tions Intergovernmental Panel on Cli- major change from the past. mate Change. They came out and said: that, as has the Weather Channel, be- cause there is a lot of money in perpet- After this election that number has Oh, it is manmade gases, anthropo- only gone up from 37 to 39. You are not genic gases, CO , methane that are uating this myth. Myers was joined by 2 his fellow CNN meteorologist, Rob getting close to the 60 votes necessary causing climate change. And this per- to try to inflict this economic damage son used to be on that panel. He was an Marciano, who compared Gore’s film to fiction in 2007, and CNN anchor Lou on the United States. expert reviewer in the U.K.-based cli- The Republicans were prepared to de- mate and atmospheric science, a con- Dobbs just said of a global warming fear promotion on January 5 of this bate the bill—this is the Warner- sultant, and a self-described Socialist Lieberman bill—and were ready to who also happens to reject manmade year, ‘‘It’s almost a religion without any question.’’ offer amendments, but the Democrats climate fears. didn’t want to debate, much less vote, Joining Courtney are many of the Recently, I released a new report on climate scientists which documents on our amendments that were aimed at other progressive environmental sci- protecting American families and entists. Former Green Peace member many of the studies ignored by the mainstream media. workers from the devastating economic and Finnish scientist Dr. Jarl Ahlbeck, impacts of the bill. When faced with a lecturer of environmental technology Here it is right here. This is one that is actually too large to put into the the inconvenient truth of the bill’s im- and a chemical engineer at the Univer- pact on skyrocketing gas prices, it was sity of Finland who has authored 200 CONGRESSIONAL RECORD. In here, in the report, are 650 scientists who have Democratic Senators who wanted to scientific publications, is also skep- see the bill die a quick death. tical of manmade climate doom. challenged manmade global warming claims made by the United Nations By the way, we had a list of some 10 Ahlbeck wrote in 2008: Democratic Senators who, in a very re- Contrary to common belief, there has been Intergovernmental Panel on Climate Change. We talked about that. I have sponsible way, said we will go ahead no or little global warming since 1995, and and vote on some of these amendments, this is shown by two completely independent been detailing these science issues for data sets. But so far, real measurements give a number of years. but when it comes to final passage, we no ground for concern about catastrophic fu- In a July 28, 2003, floor speech in this are not going to vote on it. ture warming. Chamber I said: The issue of global After the bill failed, the Wall Street This is kind of interesting because warming ‘‘is far from settled, and in- Journal aptly noted that environ- what he is saying—and this is a guy deed is seriously disputed.’’ The science mentalists are stunned that their glob- who started out with the United Na- continues to evolve. al warming agenda is in collapse. The tions in the beginning, with the IPCC— I explained that ‘‘anyone who pays paper added: is that right now we are actually in a even cursory attention to the issue un- The green groups now look as politically cooling period. I think no one debates derstands that scientists vigorously intimidating as the skinny kid on the beach that now. We have had the most severe disagree over whether human activities who has sand kicked in his face. weather, and I will have another talk I are responsible for global warming, or The paper quoted a political analyst will try to get in next week about what whether those activities will precipi- who noted that ‘‘this issue is starting is happening around the country right tate natural disasters.’’ to feel like the Hillary health care plan now. It isn’t global warming, it is glob- I noted—and this is what I said in again.’’ al cooling. People forget God is still up 2003: Despite the claims that we must act there and we go through these cycles. I Not only is there a debate, but (at least in now to prevent climate crisis, the cli- can remember the middle 1970s when certain corridors) the debate is shifting away mate tax bill would not have resulted they were saying there is another ice from those who subscribe to global warming in any action whatsoever. The bill, age coming and we are all going to die. alarmism. often touted as an insurance policy Those same people—and there was an That was in 2005. After that speech, I against global warming, would instead article in Time magazine at that led the charge against the McCain- have been all economic pain and no cli- time—are the ones now saying we are Lieberman global warming cap-and- mate gain. This is because without a going to die, but it is for a different trade bill—that would be in 2003, then global treaty, the binding commit- reason, it is global warming. again in 2005—both times easily defeat- ments by both the developing and de- Lifelong liberal Democrat Dr. Martin ing the bills. At the time it was a lone- veloped countries is not going to work. Hertzberg, a retired Navy meteorolo- ly battle. Only a few people came down Let’s say we believed that manmade, gist with a Ph.D. in physical chem- to help me on the floor. I remember so anthropogenic gases were the major istry, also declared his dissent of well in 2005 when I was alone down here cause of climate change and the debate warming fears in 2008. He said: on the floor of the Senate for 5 con- was over if we do something just uni- As a scientist and life-long liberal Demo- secutive days that we had it on the laterally in the United States of Amer- crat, I find the constant regurgitation of the floor, about 10 hours a day. Very few ica. All that would do is cause a flight anecdotal, fear mongering claptrap about people came down and were willing to of our manufacturing jobs overseas to human-caused global warming to be a dis- join me on the Senate floor. countries such as India and China and service to science. That has changed. If you fastforward Mexico—places where they do not have Finally, CNN—not a bastion of con- from 2005 to 2008, we had the Warner- any kind of a restriction on the green- servatism—had yet another of its me- Lieberman bill on the floor. At that house gases. So it would have a net in- teorologists dissent from warming time I had over 25 Senators come down crease, if we were to pass one of these. fears. Meteorologist Chad Myers, a me- and join me. You are seeing people who Yet we are the ones who would be sad- teorologist for 22 years, certified by the no longer fear the money generated by dled with a $300 billion-a-year tax bill. American Meteorological Society, the moveon.orgs, the Hollywood Americans are suspicious of the need spoke out against anthropogenic cli- elitists, those individuals who have for solutions to global warming. The mate claims on CNN in December. millions of dollars to put into cam- Gallup Poll released on Earth Day 2008

VerDate Mar 15 2010 08:24 Jun 07, 2011 Jkt 079102 PO 00000 Frm 00019 Fmt 0686 Sfmt 0634 E:\BR09\S08JA9.000 S08JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 314 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 January 8, 2009 revealed the American public’s concern range of issues, 2008 proved to be dev- number of scientists serving as ‘‘con- about manmade global warming has re- astating for the promoters of manmade sensus busters.’’ A November 25, 2008, mained unchanged since 1989. Accord- climate fears. article in Politico—everyone in Wash- ing to Gallup, and this is a quote from In addition, the following develop- ington reads that—noted that a ‘‘grow- the report, they said: ments further secured 2008 as the year ing accumulation’’ of science is chal- Despite the enormous attention paid to the ‘‘consensus collapsed.’’ Russian sci- lenging warming fears, and added that global warming over the past several years, entists ‘‘rejected the very idea that the ‘‘science behind global warming the average American is in some ways no carbon dioxide may be responsible for may still be too shaky to warrant cap- more worried about it than they were in global warming. and-trade legislation.’’ Canada’s Na- years past. Frankly, they laugh. I have had tional Post noted on October 20, 2008, In other words, after all the money, meetings with them. They laugh at it. that ‘‘the number of climate change all the hype, all the biased media over In Milan, when they had one of the big skeptics is growing rapidly.’’ New York the past few years, people have not United Nations meetings where they Times environmental reporter Andrew moved in that direction. They know tried to coerce countries into sup- Revkin noted on March 6, 2008, ‘‘As we better. They know when they have porting this, the Russians at that time all know, climate science is not a num- been duped. were in a position, since they have bers game (there are heaps of signed What perhaps is the most striking is these vast areas that are totally unde- statements by folks with advanced de- that, aside from the economics of glob- veloped—I remember flying across Si- grees on all sides of this issue).’’ I al warming solutions, the science has beria a few years ago. I am a pilot and agree with him, and it’s a shame that continued to move in the direction I flew an airplane across the world, and we have had to resort to a numbers predicted in 2003. In 2007 I released a I remember flying across Siberia and game. It should be focused on objec- Senate minority report detailing over looking down and seeing time zone tive, transparent and peer reviewed 400 scientists disputing manmade glob- after time zone where you don’t see science, and debate should not be quar- any people, nothing but natural re- al warming claims. In the inconvenient antined. In 2007, Washington Post staff sources. Yet all of those would go in real world climate study, developments writer Juliet Eilperin conceded the ob- the formula, so they would be great big are refuting global warming fears. That vious, writing that climate skeptics recipients if they are able to get some was 2007, just a year ago. ‘‘appear to be expanding rather than In 2008, in the tail end of 2008, for the kind of international treaty. In addition to that, the American shrinking.’’ benefit of public dissemination we have Skeptical scientists are gaining rec- Physical Society editor conceded that updated our report, and the so-called ognition despite what many say is a ‘‘a considerable presence’’ of scientific consensus on global warming is even bias against them in parts of the sci- skeptics exists. An international team more in dispute. That is the report I entific community and are facing sig- of scientists countered the U.N. IPCC, have right here. Over 650 dissenting sci- nificant funding disadvantages. Dr. declaring, ‘‘Nature, not human activ- entists from around the globe chal- William M. Briggs, a climate statisti- lenge manmade global warming claims ity, rules the climate.’’ India issued a report challenging cian who serves on the American Mete- made by the United Nations Intergov- global warming fears. A team of inter- orological Society’s Probability and ernmental Panel on Climate Change national scientists demanded the U.N. Statistics Committee, explained that and by former Vice President Al Gore. IPCC ‘‘be called to account and cease his colleagues described ‘‘absolute hor- Our new 233-page U.S. Senate minority its deceptive practices,’’ and a canvass ror stories of what happened to them report features the skeptical voices of of more than 51,000 Canadian scientists when they tried getting papers pub- over 650 prominent international sci- revealed that 68 percent disagree that lished that explored non-‘consensus’ entists, including many current and global warming science is ‘‘settled.’’ views.’’ In a March 4, 2008, report former U.N. IPCC scientists who have We are not talking about politicians, Briggs described the behavior as ‘‘real- now turned against the U.N. IPCC. people, Senators like me and others in ly outrageous and unethical . . . on the This updated report includes an addi- this room. We are talking about real parts of some editors. I was shocked.’’ tional 250—and growing, I might add; it scientists who are out there. We are Again, this is not me saying this; has grown since then—scientists and talking about 68 percent of the sci- there are scientists. Here are some of climate researchers since the initial re- entists in Canada now have come to the highlights of my 2008 Senate mi- lease in December of 2007. The over 650 recognize this. That was not true 5 nority report featuring over 650 inter- dissenting scientists are more than 12 years ago. Most were on the other side national scientists dissenting from times the number of the U.N. sci- of this issue, but they have now looked man-made climate claims. entists—only 52 of them—who authored at it and realize they have been duped. Incidentally, this report I have—it the media-hyped IPCC 2007 Summary This new report is the latest evidence was my intention to make this report for Policymakers. of the growing groundswell of scientific of these 650 scientists a part of the This is very significant. I know it is opposition challenging significant as- RECORD. However, very wisely this kind of heavy lifting to understand pects of the claims of the United Na- body has said we do not want the ex- this, but the U.N. IPCC, that started tions IPCC and Al Gore. Scientific pense. Something like this would be so this whole thing, they have this anal- meetings are now being dominated by a overwhelming that some Senators who ysis that is made and updated, but you growing number of skeptical scientists. are conservatives would rather not do never get the full report by any of the The prestigious International Geologi- it. The report is here. It is a matter of scientists. It is merely the summary cal Congress, dubbed the geologist’s public record. You can get a lot of this for policymakers. That is us. That is equivalent of the Olympic Games, and on my Web site, ewo.senate.com. for the politicians out there. So they held in very high esteem, was held in Nobel Prize Winner for Physics, Ivar only have 52 scientists who signed this Norway in August 2008, just a few Giaever, stated: report. We are talking about 650 sci- months ago, and prominently featured I am a skeptic . . . Global warming has be- entists versus 52. the voices of scientists skeptical of come a new religion. The chorus of skeptical scientific manmade global warming fears. The Atmospheric Scientist Dr. Joanne voices grew louder in 2008 as a steady conference was reportedly over- Simpson, the first woman in the world stream of peer-reviewed studies, anal- whelmed with skeptical scientists, to receive a Ph.D. in meteorology, and yses, real-world data, and inconvenient with ‘‘two-thirds of the presenters and formerly of NASA, who has authored developments challenged the U.N.’s and question-askers who were hostile to, more than 190 studies and has been former Vice President Al Gore’s claims even dismissive of, the United Nations called ‘‘among the most preeminent that the ‘‘science is settled,’’ and there IPCC.’’ scientists of the last 100 years,’’ stated: is a ‘‘consensus.’’ Despite what is now Even the mainstream media in 2008 Since I am no longer affiliated with any or- being portrayed in the media on a began to take notice of the expanding ganization nor receiving any funding, I can

VerDate Mar 15 2010 08:24 Jun 07, 2011 Jkt 079102 PO 00000 Frm 00020 Fmt 0686 Sfmt 0634 E:\BR09\S08JA9.000 S08JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 8, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 315 speak quite frankly. . . . As a scientist I re- Engineering of the University of Auck- South African nuclear physicist and main skeptical . . . The main basis of the land in New Zealand, stated: chemical engineer Dr. Philip Lloyd was claim that man’s release of greenhouse gases Even doubling or tripling the amount of also one of them who was very promi- is the cause of the warming is based almost carbon dioxide will virtually have little im- nent in the United Nations IPCC in entirely upon climate models. We all know the frailty of models con- pact, as water vapor and water condensed on years past. He was the co-coordinating cerning the air-surface system. particles as clouds dominate the worldwide lead author who has authored over 150 scene and always will. Here, no one can argue with Dr. refereed publications, and he stated: Simpson. This has always happened. We have The quality of CO2 we produce is insignifi- The United Nations IPCC Japanese gone through these stages. I do not cant in terms of natural circulation between scientist Dr. Kiminori Itoh, an award- want to make this part without docu- air, water and soil . . . I am doing a detailed assessment of the U.N. IPCC reports and the winning Ph.D. environmental physical mentation, but when we went through one of the other warming periods in Summaries for Policymakers, identifying chemist, stated—this is from all over the way in which the Summaries have dis- the world now, this is in Japan. this country, it was back before they torted the science. had the combustion engine, back before Warming fears are the worst scientific I am actually getting that report. As CO was even around yet. Here we are scandal in the history. . . . When people 2 we have said, we have been looking at come to know what the truth is, they will today with all of these people, the these reports for policymakers for a feel deceived by science and scientists. names are the top scientists in the long time. And those people on the Indian geologist Dr. Arun Ahluwalia world who are making these state- other side would have you believe that of Punjab University, and a board ments. A lot of them used to be on the is the National Academy of Sciences, member of the U.N.-supported Inter- other side of this issue. That was back that is the United Nations. It is not national Year of the Planet, stated: when they were being threatened with scientists. This is a summary for pol- The IPCC has actually become a closed cir- withdrawal of various funding for the icymakers. These are politicians who cuit; it does not listen to others. It does not projects they had, and now they are have an agenda. have open minds. I am really amazed that back on the other side. Atmospheric physicist James A. the Nobel Peace Price has been given on sci- Andrei Kapitsa, a Russian geographer Peden, formerly of the Space Research entifically incorrect conclusions by people and Antarctic ice core researcher, stat- who are not geologists. and Coordination Center in Pittsburgh, ed: Solar physicist Dr. Pal Brekke, sen- stated: The Kyoto theorists have put the cart be- Many scientists are now searching for a ior advisor to the Norwegian Space fore the horse. It is global warming that Center in Oslo, has published more way to back out quietly (from promoting triggers higher levels of carbon dioxide in warming fears), without having their profes- than 40 peer-reviewed scientific arti- the atmosphere, not the other way around sional careers ruined. cles on the Sun and solar interaction . . . A large number of critical documents This is the intimidation I was talk- with the Earth. Brekke stated: submitted at the 1995 United Nations con- ing about. Anyone who claims that the debate is over ference in Madrid vanished without a trace. As a result, the discussion was one-sided and Geophysicist Dr. Phil Chapman, an and the conclusions are firm has a fun- astronautical engineer and former damentally unscientific approach to one of heavily biased, and the U.N. declared global the most momentous issues of our time. warming to be a scientific fact. NASA astronaut, who served as staff physicist at MIT, stated: These are all top scientists. No one Prominent Hungarian physicist and can discredit these people. You might environmental researcher Dr. Miklos All those urging action to curb global Zagoni reversed his view. He was on warming need to take off the blinkers and wonder, why is it that so many people give some thought to what we should do if want us to believe that maybe bad old the other side of this issue, on man- we are facing global cooling instead. made warming. He is now a skeptic. man is responsible for those horrible Which, incidentally, happens to be Zagoni, once Hungary’s most out- things that are going to happen, that going on right now. Environmental sci- spoken supporter of the Kyoto Pro- are not going to happen? There are a entist Professor Delgado Domingos of tocol, stated that: lot of reasons for that. A lot of money Portugal, the founder of the Numerical behind this comes from organizations Nature’s regulatory instrument is water Weather Forecast Group, who has more such as those we find in some of the vapor: more carbon dioxide leads to less moisture in the air, keeping the overall than 150 published articles—these guys Hollywood groups, moveon.org, George are smart guys. This is not politicians Soros, and different foundations such greenhouse gases content in accord with the necessary balance conditions. talking, these are the incontrovertible as the Hines Foundation that do want Again, that is a very prominent sci- scientists who cannot be challenged— to stop the progress in this country. stated: But, anyway, back to some of these entist, perhaps considered the most Creating an ideology pegged to carbon di- scientists. Victor Manuel Velasco Her- prominent scientist in Hungary. Geologist Dr. David Gee, the chair- oxide is dangerous nonsense . . . The present rera, a researcher at the Institute of alarm on climate change is an instrument of Geophysics of the National Autono- man of the science committee of the social control, a pretext for major business mous University of Mexico—I am cov- 2008 International Geological Congress, and political battle. It became an ideology, ering all of these countries now. These who has authored 130-plus peer-re- which is concerning. are the top scientists in these coun- viewed papers, who is currently at Dr. Takeda Kunihiko, vice chancellor tries—states: Uppsala University in Sweden, stated: of the Institute of Science and Tech- Models and forecasts of the UN IPCC are For how many years must the planet cool nology Research at Chubu University incorrect because they only are based on before we begin to understand that the plan- in Japan, stated: mathematical models and presented results et is not warming? For how many years must CO2 emissions make absolutely no dif- and scenarios that do not include, for exam- cooling go on? ference one way or another . . . Every sci- ple, solar activity. Meteorologist Hajo Smit of Holland, entist knows this, but it doesn’t pay to say Surprise, surprise. The Sun warms who reversed his belief—he was another so . . . Global warming, as a political vehi- things. one on the other side of this issue, an- cle, keeps Europeans in the driver’s seat and U.S. Government atmospheric sci- other one of the many scientists who developing nations walking barefoot. entist Stanley Goldenberg of the Hurri- reversed his belief on manmade warm- Award-winning paleontologist Dr. cane Research Division of NOAA stat- ing to become a skeptic—is a former Eduardo Tonni of the Committee for ed: member of the Dutch U.N. IPCC com- Scientific Research in Buenos Aires It is a blatant lie put forth in the media mittee. He stated: and the head of the Paleontology De- that makes it seem that there is only a Gore prompted me to start delving into the partment at the University of La Plata fringe of scientists who do not buy into an- science again and I quickly found myself sol- said: thropogenic global warming. idly in the skeptic camp . . . Climate models The global warming scaremongering has Geoffrey G. Duffy, a professor in the can at best be useful for explaining climate its justifications in the fact that it is some- Department of Chemical and Materials changes after the fact. thing that generates funds.

VerDate Mar 15 2010 08:24 Jun 07, 2011 Jkt 079102 PO 00000 Frm 00021 Fmt 0686 Sfmt 0634 E:\BR09\S08JA9.000 S08JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 316 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 January 8, 2009 There we go again. All of these dif- fute this. When will we collectively awake IPCC Chairman Pachauri implied that ferent groups and these foundations from this deceptive delusion? there were only about a dozen skep- who will fund people who will agree to That is G. LeBlanc Smith of Aus- tical scientists left in the world. support their political positions. tralia, one of the top scientists in Aus- Former Vice President Gore has Atmospheric scientist Dr. Art Doug- tralia. claimed that scientists skeptical of cli- las, former chair of the Atmospheric The distinguished scientists featured mate change are akin to flat Earth so- Sciences Department at Creighton Uni- in this new report are experts in di- ciety members and similar in number versity in Omaha, NE, and author of verse fields, including climatology, to those who believe that the moon numerous peer-reviewed publications, geology, biology, glaciology, biogeog- landing was actually staged in a movie stated: raphy, meteorology, oceanography, lot in Arizona. It is a shame that pro- Whatever the weather, it’s not being economics, chemistry, mathematics, ponents have now been reduced to caused by global warming. If anything, the environmental sciences, astrophysics, name calling. That is what we are get- climate may be starting into a cooling pe- engineering physics, and paleoclima- ting now, name calling and insults. riod. tology. When you lose your logic, this is what And this is, by the way, something Some of those profiled have won happens. They start the name calling that nobody questions now; we are Nobel Prizes for their outstanding con- and insults because they don’t have going well into a cooling period. tribution to their field of expertise and logic. Chemist Dr. Patrick Frank, who has many shared a portion of the U.N. Examples of consensus claims made authored more than 50 peer-reviewed IPCC Nobel Peace Price with Al Gore. by promoters of manmade climate The notion of hundreds or thousands articles, stated: fears: The U.N. special climate envoy of U.N. scientists agreeing to a sci- But there is no falsifiable scientific basis Dr. Gro Harmel Brundtland, on May 10, entific statement does not hold up to whatever to assert this warming is caused by 2007, declared that the debate is over human-produced greenhouse gasses, because scrutiny—just not true. Recent research by Australian cli- and added that ‘‘it’s completely im- current physical theory is too grossly inad- moral, even, to question the U.N.’s sci- equate to establish any cause at all. mate data analyst John McLean re- vealed that the IPCC’s peer-review entific consensus.’’ Award-winning NASA astronaut and The U.N. Framework Convention on process for the Summary for Policy- moonwalker Jack Schmitt, who flew Climate Change Executive Secretary on the Apollo 17 mission and formerly makers leaves much to be desired. The 52 scientists who participated in the said it was criminally irresponsible to of the Norwegian Geological Survey, ignore the urgency of global warming. and for the U.S. Geological Survey, 2007 IPCC Summary for Policymakers had to adhere to the wishes of the This was on November 12, 2007. stated: ABC News global warming reporter United Nations political leaders and The global warming scare is being used as Bill Blakemore reported on August 30, delegates in a process described as a political tool to increase government con- 2006: trol over American lives, incomes and deci- more closely resembling a political After extensive searches, ABC News has sionmaking. It has no place in the Society’s party’s convention platform battle, not found no such [scientific] debate on global activities. a scientific process. warming. By the way, I would have to add to Only 52 scientists wrote the media- While the dissenting scientists con- that, another one of the motivations in hyped U.N. summary for policymakers, tained in the report hold a diverse the United Nations is they are always and it was actually published by the range of views, they generally rally critical of us when we threaten to politicians and not the scientists. One around four key points. No. 1, the withhold some of the funding, when former U.N. IPCC scientist bluntly told Earth is currently well within national they are advocating policies that are EPW, our committee, how the United climate variability. We are talking contrary to our policies in the United Nations’ IPCC summary for policy- about 650 of the top scientists in the States. They would love nothing more makers distorted the scientists’ work. world. No. 2, almost all climate fear is than to have some type of a funding He said: generated by unproven computer model mechanism where they did not have to I have found examples of a Summary say- predictions. No. 3, an abundance of be accountable to the United States or ing precisely the opposite of what the sci- entists said. peer-reviewed studies continues to de- any other nation. bunk rising CO fears. No. 4, consensus Climatologist Dr. Richard Keen, of This was from South African nuclear 2 has been manufactured for political the Department of Atmospheric and physicist and chemical engineer Dr. and not scientific purposes. Those four Oceanic Sciences at the University of Philip Lloyd, a U.N. IPCC co-coordi- things, all of these 650 top scientists in Colorado, stated: nating lead author who has authored over 150 referred publications. A 2008 the world agree to. Earth has cooled since 1998 in defiance of international report of the U.N. found Since I released the report on Decem- the predictions by the U.N. IPCC . . . The ber 11, other scientists have contacted global temperature for 2007 was the coldest its climate agency ‘‘rife with bad prac- in a decade and the coldest of the millen- tices.’’ Others like to note that the Na- us to be included. nium . . . which is why global warming is tional Academy of Sciences and the On December 22, 11 more scientists now called climate change. American Meteorological Society have were added, including meteorologists This is kind of interesting. Next issued statements endorsing the so- from Germany, the Netherlands, and week I am going to put together what called consensus view that man is driv- CNN. Even CNN, very much on the has been happening recently in this ing global warming. But both the NAS other side of this issue, two more of cooling period, the fact that we have and the AMS never allowed member their meteorologists have come over had records that are set all around the scientists to directly vote on these cli- and become skeptics, as well as profes- United States and all around the world, mate statements. Essentially only two sors from MIT, the University of Ari- and that is exactly what Dr. Richard dozen or so members of the governing zona, and other institutions. One Keen is talking about now. We are in a bodies of these institutions produced a prominent scientist added was award- cooling period. It has to drive these consensus statement. This report gives winning Princeton University physicist global warming people nuts to have to a voice to the rank-and-file scientists Will Happer, who was reportedly fired recognize that. who were shut out of the process. So by former Vice President Al Gore in Dr. G. LeBlanc Smith, a retired prin- they are very thankful. 1993 for failing to adhere to Gore’s sci- cipal research scientist with Aus- Many of these scientists are glad entific views. Happer has now declared tralia’s CSIRO, stated: that we have this report so that they manmade global warming fears as mis- I have yet to see credible proof of carbon now have access to the truth and they taken. Happer is a professor in the De- dioxide driving climate change, let alone can come out from hiding. partment of Physics at Princeton Uni- manmade CO2 driving it. The atmosphere The more than 650 scientists express- versity and former director of energy hot-spot is missing and the ice core data re- ing skepticism comes after the U.N. research at the Department of Energy

VerDate Mar 15 2010 08:24 Jun 07, 2011 Jkt 079102 PO 00000 Frm 00022 Fmt 0686 Sfmt 0634 E:\BR09\S08JA9.000 S08JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 8, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 317 who has published over 200 scientific every year, and it would have the effect change. The challenges before us are papers and is a fellow of the American of increasing the net amount of emis- great. For 11 months in a row, the Physical Society, the American Asso- sions worldwide. number of jobs in our Nation has de- ciation for the Advancement of Sci- Last year I didn’t say very much clined. More and more families across entists, and the National Academy of about the science. In fact, when we had the country are losing their homes to Sciences. Happer does not mince words the Lieberman-Warner bill up, I made foreclosure, and too many Americans when it comes to warming fears. He the statement: Let’s assume, for debate watched their retirement savings evap- said: of this bill, that the science is all there orate last year. I am convinced that the current alarm and that it is settled. Then I pursued It is no exaggeration to say that this over carbon dioxide is mistaken . . . Fears the economic argument. The other side 111th Congress and President-elect about man-made global warming are unwar- didn’t like it because they wanted to Obama will face some of the most dif- ranted and are not based on good science. debate the science. I said: Let’s assume ficult challenges in our country’s his- As we face a new administration and you are right. You are not, but let’s as- tory. These problems were created over a U.N. eager to draw the U.S. into its sume you are. This is something that many years, and they will not be climate policy, let’s not forget that we could not afford, the cost. Some- solved quickly. But Americans have al- this aspect of the debate is still alive times we throw around big figures. I ways united to meet great challenges, and well and only growing. We should often have said about the $700 billion and I have no doubt that we will do so not become weary of calling into ques- bailout that I opposed and that 75 Sen- once more. tion policy choices when they are driv- ators voted for, if you stopped and real- Our first task is to get our economy en by still evolving scientific assess- ized the number of taxpayers or fami- back on track by putting middle-class ment, especially when the stakes are so lies who file a tax return and do the families first again and creating good high and the costs are so extraor- math, this comes to $5,000 a family. If jobs. As the recession continues, it has dinary. Let us hope this administration you look at this, this would be over become clear that a bold economic re- and our news media recognize this new $2,000 a family every year. We want to covery package is necessary. This reality as we move forward into this be sure we are right if we do some- package must focus investment in new Congress. thing. Let’s go forward. Let’s look at areas of the economy that will provide the recovery we need and lay the foun- On a personal note, it has been a it, but let’s pay attention more than dation for long-term economic growth. lonely fight. For the last 6 years I have anything else at this time not just to been talking about the Hollywood and Investing in our Nation’s infrastruc- the economics but the fact that with- ture will both create needed jobs in the media-driven fear that tries to con- out doubt, the science is shifting. This vince us that those who are fueling this short term and foster economic devel- report, 650 of the top scientists and opment in the long term. There are machine called America are somehow growing every day, is conclusive in my evil and fully responsible for global critical capital projects throughout the mind that many of those individuals State of New Hampshire and the coun- warming. This is absurd. We all know who were on the other side of this issue better. It does take power to run this try—projects such as repairing and up- are now standing up to the intimida- grading our roads and bridges, modern- machine we call America. In the past, tion and have become skeptics. izing our public schools and higher edu- the only argument that defeated all I yield the floor and suggest the ab- cation facilities, and replacing out- the cap-and-trade schemes was the eco- sence of a quorum. dated water treatment plants, and nomic argument. I think you can argue The PRESIDING OFFICER (Mr. other municipal projects. These invest- each one differently, saying no, this WHITEHOUSE). The clerk will call the ments will create jobs and lay the wouldn’t cost the same as adhering to roll. groundwork for sustained economic emissions required by Kyoto back in The legislative clerk proceeded to growth. the Kyoto treaty days. But any time call the roll. We also need a bold investment in en- you get into a cap and trade of CO2, it Mrs. SHAHEEN. Mr. President, I ask ergy efficiency and clean alternative is going to cost about $300 billion annu- unanimous consent that the order for energy. These investments in new en- ally in taxes. I was critical of my col- the quorum call be rescinded. ergy will create millions of 21st cen- leagues, the 75 Senators who voted to The PRESIDING OFFICER. Without tury green-collar jobs, begin to reverse give an unelected bureaucrat, Sec- objection, it is so ordered. global warming, and start on the path retary Paulson, $700 billion to do with f to energy independence. as he wished with no oversight. I was ECONOMIC CHALLENGES New Hampshire small businesses al- critical of that. Of course, that is a ready are leaders in the new energy one-shot deal. This was every year, a Mrs. SHAHEEN. Mr. President, I rise economy, making everything from $300 billion annual tax increase. It was to discuss the urgent need to address wood pellets to ethanol, from forest by- too much, even if the science was fully our Nation’s economic challenges and products to solar panels and biofuels. settled. to suggest that a major part of our ap- We have seen firsthand how investment Now the science is shifting dramati- proach should be to invest in clean al- in clean energy creates good jobs up cally to the other side. So I believe we ternative energy and energy efficiency. and down the economic ladder—ad- need to be looking, even if we use their Before I get into my remarks, it has vanced manufacturing jobs, highly own figures of $6.7 trillion as the cost been a very exciting few days for me. skilled construction jobs, jobs install- of the life of a similar bill to the Since being sworn in as the junior Sen- ing solar panels and energy-efficiency Lieberman-Warner bill. ator from New Hampshire, and as this systems, jobs selling and delivering I conclude by repeating something I is my first speech on the Senate floor, new fuels. These are good jobs. They have said many times: Even if you be- I want to begin by thanking Majority are jobs that cannot be outsourced lieve this, if you believe that manmade Leader REID, Minority Leader MCCON- overseas. I am honored I will be joining gas is a major cause of climate change, NELL, our senior Senator from New the Senate Committee on Energy and what good would it do for us unilater- Hampshire JUDD GREGG, and the entire Natural Resources to work on these ally in the United States to impose a Senate leadership for their warm wel- very issues as we develop a real energy financial hardship, $300 billion a year, come and support. policy for the future of this country. on people in the United States, when On November 4, voters in my State of These investments are necessary to all that would do logically is cause our New Hampshire went to the polls and get our economy moving again. But as manufacturing base to further erode demanded a new direction, just as vot- we must invest, we also must develop a and to go to countries such as China ers did across the country. I am eager comprehensive plan to address the Na- and India and Mexico, other countries to work with my fellow Senators and tion’s ballooning budget deficit and the that have no emission restrictions at with our next President, Barack enormous national debt we have inher- all. It would be a $300 billion tax on us Obama, to fulfill that promise of ited. Our Nation’s financial strength

VerDate Mar 15 2010 08:24 Jun 07, 2011 Jkt 079102 PO 00000 Frm 00023 Fmt 0686 Sfmt 0634 E:\BR09\S08JA9.000 S08JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 318 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 January 8, 2009 tomorrow depends on our careful plan- it would never have happened if not for The first has to do with the Iraq war. ning and prudent investments today. David Pryor. He worked the last night When President Bush set us on this In November, Americans cried out for of this session—I was in Nevada—he course, few had the courage and a new way of doing business in Wash- was on that Finance Committee, and strength to question, let alone oppose, ington. I applaud President-elect they were trying to complete the con- this rush to war, but BOB BYRD stood Obama for leading the way with the ference. Anyway, he got it done. strong against it. Facing enormous most open and transparent transition These maiden speeches are meaning- pressure, he led the opposition. He was process in our Nation’s history and be- ful because you will never forget the in the minority—a lonely minority— lieve we must continue that trans- speech you have given. but he was unbowed. He was right, and parency. We must recommit to ac- Now, for JEANNE SHAHEEN, I have had I am sure that history will judge his countability and oversight, and we such admiration for her for such a long courageous leadership well. must end the partisan gridlock that time. We all watched as she presided The second memory is of a campaign has stymied progress for too long. I am over the State of New Hampshire as trip I took to West Virginia in the fall committed to working across the aisle Governor. She did a remarkably good of 2004 to support our candidate JOHN to make Washington work again for job. When I learned she wanted to run KERRY. We crisscrossed the State from middle-class American families. for the Senate, I was excited because Charleston to Mingo County, and what Tuesday, when I took the oath of of- this great statesperson, with this en- I saw everywhere was the extraor- fice as a Senator, I made a commit- gaging smile and her ability to work dinary love and affection the people of ment to embrace the opportunities hard, which everyone knows about, is West Virginia have for BOB and that he that lie ahead and to help lead our Na- going to leave her in good standing has for them. It was an amazing and tion in a new direction. I am eager to here in the Senate. touching thing to sense the deep bond begin. I say to my friend from New Hamp- between this great man and the people Thank you, Mr. President. shire, the junior Senator from New he has so ably represented in Wash- I yield the floor and I suggest the ab- Hampshire, I appreciate the Senator ington for so long. It is an experience I sence of a quorum. running for the Senate. The people of will never forget. Mr. REID addressed the Chair. the State of New Hampshire are going Now, as we reflect on his unparal- The PRESIDING OFFICER. The ma- to reap benefits from that decision for leled career in the Senate on this spe- jority leader is recognized. many years to come. cial 50th anniversary, I congratulate Mr. REID. Mr. President, could I ask f our friend. I thank him for all he has my friend from New Hampshire to TRIBUTE TO SENATOR ROBERT done so well for so many for so long. withhold her request? BYRD On this golden anniversary of his ar- Mrs. SHAHEEN. I say yes to the ma- Mr. KENNEDY. Mr. President, I join rival in the Senate, I think of the fa- jority leader. I did not see the majority Senators on both sides of the aisle in mous lines of A. E. Housman about the leader on the floor. I apologize for that. paying tribute to our dear colleague ‘‘golden friends’’ the poet had. BOB I withdraw my request. and dear friend from West Virginia on BYRD is our golden friend, and we are The PRESIDING OFFICER. The re- this historic occasion of his 50th anni- all deeply honored to have the privi- quest is withdrawn. versary in the Senate. On January 7, lege of serving with him. Mr. DORGAN. Mr. President, I would The majority leader is recognized. 1959, ROBERT C. BYRD was sworn in as a f Senator for the people of his beloved like to add my congratulations to Sen- ator ROBERT C. BYRD for his historic CONGRATULATING SENATOR West Virginia, and in the years since achievement today. Senator BYRD ar- SHAHEEN then, he is become truly one of the greatest Senators ever to serve in this rived in the Senate 50 years ago. For Mr. REID. Mr. President, I wanted to Chamber. decades, he has defended the Constitu- be here to listen to JEANNE SHAHEEN I have served with BOB for 46 of those tion and the principles upon which it give her maiden speech. Of course, it years. I have immense respect for him, stands. Senator BYRD is truly a states- brings back a flood of memories of my and I am proud to say that we have be- man, a patriot, a proud son of West maiden speech. I was so fortunate, I come close friends. I love ROBERT C. Virginia, and an important voice in the tell everyone, on that initial speech. I BYRD. history of this country. had served a couple terms in the House, It wasn’t always this way. There was The people of West Virginia defi- and I had been trying to get something a time that Senator BYRD and I were nitely know that they have a champion called the Taxpayers’ Bill of Rights rivals, each with eyes on the position who will stand up for them. Senator passed. The subcommittee chair in the of majority whip. I was elected to that BYRD has never forgotten the hard life House made fun of my legislation. I did position after the 1968 election, but as that he had as a boy growing up in pov- not get anywhere with that. But I be- I have often said, BOB taught me how erty in the southern West Virginia lieved in it, so I marched over here— to count votes in 1970 when he defeated coalfields. He has always remained true and I had the last seat way back in the me for reelection. It turned out to be a to his faith and his family and has corner over there—and I gave my first blessing for both of us. worked to build a better future for speech, and it was on the Taxpayers’ BOB would go on to become one of the West Virginia and the Nation. Bill of Rights. finest majority leaders in the history In the history of our great Nation, Fortunately, I say to the Presiding of the Senate, and the defeat freed me Senator BYRD has served longer than Officer, David Pryor—MARK PRYOR’s to concentrate on my legislative pas- all but one Member of Congress and has father—was presiding. He was a mem- sions of health care, education, labor, been a committed public servant. Sen- ber of the Finance Committee and the and civil rights. In a very real sense ator BYRD first came to Washington in chairman of the subcommittee that BOB liberated me, and as our leader in 1953 as a Congressman and served three had jurisdiction over the IRS. CHARLES many of those years he was especially terms in the House before being elected GRASSLEY was listening to my speech. helpful in accomplishing my goals. to the Senate. Senator BYRD quickly There were not many more people than The BOB BYRD I have come to know is learned the rules and procedures that there are right now on the floor. But a patriot, a passionate defender of the make the Senate run. He used these to David Pryor sent me a note saying: I Constitution and the special role of the his advantage while serving as the Sen- like this. Let me help you. And CHUCK Senate, and an eloquent historian of ate majority leader and in other key GRASSLEY communicated with me say- the Senate, who has brilliantly served leadership positions. On June 11, 2006, ing he would help. the people of his State. Senator BYRD became the longest serv- That was a fortunate day in my life I have so many wonderful memories ing U.S. Senator in history, and in No- because even though I took credit for of our relationship, but there are two vember 2006, he was elected to an un- the Taxpayers’ Bill of Rights passing, recent ones I want to mention here. precedented ninth full term.

VerDate Mar 15 2010 08:24 Jun 07, 2011 Jkt 079102 PO 00000 Frm 00024 Fmt 0686 Sfmt 0634 E:\BR09\S08JA9.000 S08JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 8, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 319 During his tenure, his colleagues But through his five decades in this did not make the incentive permanent, have elected him to more leadership Chamber, ROBERT BYRD’s service has families will have to earn at least positions than any other Senator in transcended the ordinary to rise to the $12,550—$4,050 more—this year to take history. This includes Senate majority absolute allegiance our country has advantage of the incentive. whip, chairman of the Democratic Con- only rarely received over her long his- At a time in which the economy is in ference, Senate minority leader, and tory. recession and many have to work two Senate majority leader. Currently, Senator BYRD was born and raised in or even three jobs to put food on the BYRD is the President pro tempore. humble circumstances. The loss of his table, it would be unconscionable to Throughout his career, Senator BYRD mother at the age of 1 left him a vir- make families toil even harder to pro- has cast more than 18,100 roll call votes tual orphan, and he grew up in West vide their children with life’s neces- in five decades of service in the Senate. Virginia’s coal country. The Great De- sities. That is why I am so proud to in- Senator BYRD is also the longest pression postponed the young ROBERT troduce the Working Family Child As- serving member of the esteemed Appro- BYRD’s education, but it did nothing to sistance Act to permanently set the priations Committee. He has served as hold back his lively and agile mind or amount of earnings necessary to qual- its chairman or ranking member since his passion to seize on America’s prom- ify for the refundable child tax credit 1989. After many distinguished years of ise of equal opportunity. In 1946, he en- at $8,500. service, he has stepped down from his tered West Virginia’s House of Dele- Last October’s change to boost the leadership position but will remain an gates, and sought progressively higher refundable child tax credit took a sig- important voice on this committee. I offices. Finally, in 1958, he arrived in nificant time to materialize, and al- have enjoyed serving with him on the the Senate and found his ‘‘home.’’ though the road was long, it was a Appropriations Committee and have It is said that education opens doors, worthwhile journey. Indeed, our work learned a tremendous amount under but in Senator BYRD’s case, we learn began in 2001 when I pushed to make his leadership. that the doors it opens may not be the the child tax credit refundable for There are other sides to Senator ones that we expect. For him, he was workers making around the minimum BYRD that have contributed to his life’s already a Member of the House of Rep- wage. As enacted in 2001, a portion of a accomplishments, his achievements as resentatives when he began work to taxpayer’s child tax credit would be re- a musician and author. Senator BYRD earn his J.D. Ten years of night school fundable—up to 10 percent of earnings learned to play the fiddle at a young finally earned him the degree as a sit- above $10,000. age and carried it with him everywhere ting Senator. Not resting on our victory in 2001, in he went. His skill with the instrument So what doors did his studies open? 2004, Congress passed the Working led to performances at the Kennedy After all, he was already one of the Na- Families Tax Relief Act of 2004, which Center and on a national television ap- tion’s highest officials. increased from 10 percent to 15 percent pearance on ‘‘Hee Haw.’’ He even re- Education, a love of history, the dis- the portion of the child tax credit that corded his own album, ‘‘Mountain Fid- cipline of rigorous study, the independ- is refundable. Although the legislation dler.’’ He is also the author of a mag- ence of thought. If you think about it, increased the amount of the refundable isterial four volume set about this these are the very qualities that our child credit, it failed to increase the body entitled ‘‘The Senate, 1789–1989’’ American democracy most depends on. number of families eligible for the ben- and other works. And by cultivating them, Senator efit. The reason was that it did not re- No tribute to Senator BYRD would be BYRD grew in his capacity to serve his duce the amount of earnings a family complete without mentioning his life’s home, serve his Nation, and to serve must have to qualify for the incentive. love, Erma Ora James. For nearly 69 the Senate. Worse still, the earnings threshold rose years, the Byrds were inseparable, Mr. BYRD served as the Senate major- each year because it was adjusted for traveling throughout their native West ity leader from 1977 to 1981, and many inflation. The consequences were seri- Virginia and crossing the globe to- believe it is in recognition of that time ous for low-income Americans living gether. Sadly, Mrs. Byrd passed away that I continue to call him ‘‘Mr. Lead- paycheck-to-paycheck because it on March 25, 2006, but Senator BYRD er.’’ But I would like to take this op- meant that tens of thousands of low-in- speaks lovingly of her and their life to- portunity to set the record straight. come families were left completely in- gether each day. Mr. Leader. My dear friend. Protocol eligible for a credit they should re- The times have changed considerably dictates that anyone who served as ma- ceive. since Senator BYRD was first elected to jority leader should retain the title for To ensure that low-income families the West Virginia House of Delegates life. Even in the absence of protocol, could get the benefits that they so and eventually the U.S. Senate. We however, my heart would demand that rightly deserve, I worked with my col- have seen a man walk on the Moon. We I rise and salute you as leader of this leagues to introduce legislation in both have mapped the human genome, and institution. Congratulations on this 2005 and 2007 to reduce the earnings we have seen unbelievable techno- milestone, Mr. Leader. We have worked threshold for the refundable child tax logical advances that have changed the together for many years, and it will be credit to $10,000 and to de-index that way we live, work and communicate. a distinct honor to continue working amount for inflation. As I mentioned, But through it all, the one constant is with you on the Appropriations Com- we were more successful than that last Senator BYRD’s steadfast championing mittee and in the Senate. year when Congress lowered the earn- of our Constitution and the people of f ings threshold for 2008 to $8,500. West Virginia. I join my colleagues in Unfortunately, we cannot rest on our offering my hardy congratulations to WORKING FAMILY CHILD laurels and must get right back to him on this important day. ASSISTANCE ACT work. This year, because the incentive Mr. INOUYE. Mr. President, today Ms. SNOWE. Mr. President, yester- we passed last October was effective for marks the 50th anniversary of Senator day, I joined Senator LINCOLN to intro- just 2008, only taxpayers earning over ROBERT BYRD’s service to this most duce legislation to make permanent $12,550 are eligible to receive the re- American of institutions: the United the tremendous change Congress en- fundable portion of the child tax credit. States Senate. acted last October to enhance the re- Low-income families earning less than ‘‘Service to the Senate’’—I have cho- fundable child tax credit. To assist that amount are shut out of the child sen these words intentionally, and with working families, Congress reduced the tax credit completely. care. To serve in this hallowed cham- amount of earnings a family must have As an example of how crucial it is to ber is to meld service to home and to qualify for the refundable child tax enact our legislation to permanently community with service to the Nation credit to $8,500 for 2008 from the $12,050 set the threshold for the refundable as a whole. It is a distinction that we that prevailed prior to passage of the credit at $8,500, let’s look at the fol- are all privileged to share. Act. Unfortunately, because Congress lowing example. A single mother who

VerDate Mar 15 2010 08:24 Jun 07, 2011 Jkt 079102 PO 00000 Frm 00025 Fmt 0686 Sfmt 0634 E:\BR09\S08JA9.000 S08JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 320 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 January 8, 2009 earns the current minimum wage of child on the way. The situation that we are may not be able to afford to keep my job, but $6.55 per hour and works a 40 hour week in requires us to drive to school and work. I can also not afford to lose it. One thing I for all 52 weeks of the year would earn We use about 2 tanks of gas a month and am sure of and that is that Washington does $13,264. Accordingly, under the law ef- that is just business travel and does not in- not know about the special needs of our clude any enjoyment travel such as going to state as far as transportation is concerned. I fective for 2009, her refundable child see family which has been very limited late- am glad that you can present our situation tax credit would be $161. In contrast, if ly. My job consists of working at a Thai res- to them. the earnings threshold were set at taurant as a waiter for only 10 hours a week STEPHANIE. $8,500, her refundable child tax credit because with my heavy school load; that is would jump to $715. Thus, if Congress all I can do. My wife does not work and is 37 Our business is ATV Alternatives, LLC in does not change the law, that mother weeks pregnant and attending school. Luck- Caldwell. Our product is a fantastic utility ily we have received government financial vehicle imported to the USA from abroad will have 554 fewer dollars in her pock- that gets nearly 40 MPG and is increasingly et this year than she did last year. Put aid for school, which consists of Pell grants. This money helps but we find that instead of popular to businesses (especially dairies, another way, she won’t have the money using that money the government gave us farms, ranches, recreational users) who see that is so necessary for her to clothe for education, we are using it to pay for gas. value in using a smaller vehicle that can her child and put gas in the car. What We are grateful for the aid the government is carry a variety of things along with a second is even more regrettable is that the giving us but sorry that it is not used for passenger in an enclosed cab. It gets 2–4 $554 amount will only grow next year what they meant it for but instead find our- times better mileage than other products being used (pickups being underutilized 10 because the $12,550 she needed to earn selves using it to pay the oil companies. To try to limit the use of such fund we tend to MPG, ATVs getting 15–20 MPG, UTVs getting this year is adjusted for inflation and 20–25 MPG, or tractors getting 4–12 gallons will increase. stay home more and visit family less but even with that sacrifice we still see the per hour. Increasing prices for fuel is increasing de- Let’s do the right thing and make money slowly seeping out due to gas prices. mand but commuting to the office, deliv- permanent the sensible change Con- Thank you for your efforts, ering vehicles, and overall shipping costs (es- gress made last year to set the earn- BLAKE. ings threshold for the refundable child pecially over the ocean, on rails and by truckers) have dramatically gone up as well. Our government’s inaction in this energy tax credit at $8,500. Our families and Further, increasing international competi- crisis is in my view the greatest act of trea- our country are better off when Gov- tion for the same used ‘‘Kei’’ class Mini son by a group of Americans in recent mem- ernment lets people keep more of what Trucks along with the drastic decline of the ory. Inaction and pointing fingers at each they earn, particularly the most vul- U.S. Dollar versus the Japanese Yen have other is unacceptable behavior by a govern- also dramatically increased product costs nerable among us. Parents deserve ment who is ‘‘supposed’’ to be looking after (upwards of 75–100% increase versus 2006). their per-child tax credit, and this bill the best interests of the American people. The margin is now too thin to really let this rewards families for work. We have every ability to provide for our en- business generate the income we need it to In conclusion, I would note that ergy needs with our own resources while we . . . it looks like a great little business needs work to conserve and provide the energy re- President-elect Obama was a stalwart a buyer; know anybody interested in a great sponsibly in our environment. The fact that supporter of our efforts as a Member of opportunity that can easily and syner- our government is allowing the American the Senate, and I hope that he will gistically combine with another Farm people to be held hostage by the world on work with Congress so we can help an Equipment, Vehicle, or Recreational Vehicle this issue is tragic and has enhanced my dealership? We are going broke commuting additional 1 million children, whose view that the corruption is not with our in- for this single product company . . . parents and guardians struggle every dustries but with those that we are electing. day to take care of them. Oh, Customs wants to tariff these as if JAY. they are road legal an extra 25%, but DOT f and DEQ does not want them here at all Trucks move the nation and the price of (ATV manufacturers pay lobbyist and law- IDAHOANS SPEAK OUT ON HIGH diesel is hurting everyone. ENERGY PRICES yers well). MARGE. We are open to offers, ideas, and customer Mr. CRAPO. Mr. President, in mid- orders (for now). June, I asked Idahoans to share with I see my married children struggle to buy ROY and ARLENE, Caldwell. me how high energy prices are affect- gas for their cars—money that should go to food, medical, and housing costs. ing their lives, and they responded by I have a beautiful wife and four handsome Two years ago, in my construction busi- boys. Gas prices are really hurting our fam- the hundreds. The stories, numbering ness, it would not have mattered whether a ily. Last November (2007), we were lucky to well over 1,200, are heartbreaking and job was 3 miles away or 30 miles away, but have twin boys born to us three months and touching. While energy prices have now I cannot bid a job without adding extra a week early. The doctors gave them a 50% dropped in recent weeks, the concerns for fuel for added distance. All of our con- chance of living. They were in the hospital expressed remain very relevant. To re- struction materials are going up also. How for three months and a little bit. We have in- spect the efforts of those who took the long will the economy stand this? surance but with doctors asking for money opportunity to share their thoughts, I It is frustrating to see the congress do and continuous doctors’ appointments, my nothing to help relieve the pressure of this am submitting every e-mail sent to me little paycheck is having a very rough time on the nation. Raising taxes will not help. trying to afford rising gas prices, doctor through an address set up specifically Just doing something about the environ- bills, house mortgage, car payment, and stu- for this purpose to the CONGRESSIONAL mentalists will help. Stop the government dent loans. I bring home about $1,250 a pay- RECORD. This is not an issue that will controls and get drilling for oil and build check. I have one house with a mortgage of be easily resolved, but it is one that de- some refineries. $1,260 a month, one car with payments at serves immediate and serious atten- Thank you for what you do, Senator Crapo. $244 a month; we do not have internet, cable, tion, and Idahoans deserve to be heard. I know that you are for drilling because I magazine subscriptions, cell phones, or any watch your voting record. I also listen to of the other extras that this wonderful life Their stories not only detail their you on ‘‘Probing America’’. The United struggles to meet everyday expenses, can afford. If you really start adding the States needs more people like you. number together, I do not really make that but also have suggestions and rec- ALLAN, Shelley. much. And the gas prices are really hurting ommendations as to what Congress can me and my family, not to mention all the do now to tackle this problem and find Living in Southeast Idaho with its wide other young families around me. Some peo- solutions that last beyond today. I ask open spaces can be both a blessing and a ple in life are just starting out, they do not unanimous consent to have today’s let- curse. As an educator and a proud parent, I have the high paying job, let us think twice ters printed in the RECORD: am deeply concerned about the rising energy before we raise the price of gas. We do not There being no objection, the mate- costs. I work fifteen miles from where I live. want to be the cause kids not being able to That translates to thirty miles round-trip. I rial was ordered to be printed in the go to the doctor’s office because we cannot choose to work in a rural school district and afford to drive there. ECORD R , as follows: am proud to do so as I believe every district ANCLE, Idaho Falls. Thank you for asking about our story and deserves quality teachers. As you are well giving us an opportunity to help. Me and my aware, educators are already some of the Recent gasoline price increases have in- wife are students at BYU-Idaho and have one poorest paid in this great state. I fear that I duced my wife and I to spend more time on

VerDate Mar 15 2010 08:24 Jun 07, 2011 Jkt 079102 PO 00000 Frm 00026 Fmt 0686 Sfmt 0634 E:\BR09\S08JA9.000 S08JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 8, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 321 our bicycles. I am feeling better, she’s of course and we stay at home. Do some- asked to step down by Micron and they lookin’ good, and we have each lost 10 thing! docked his pay. I am 26 years old and cannot pounds. High pump prices have motivated a ANNETTA. seem to find a job so I went back to school healthy self examination of our lifestyle. to enter the medical field. So that leaves the Metaphorically speaking, the nation could I wish to respond to your email concerning only one working is my husband and he has benefit from the loss of a few pounds. The current energy prices. The current energy to work 12-hour shifts three to four nights a current gas crunch will be good for the na- prices have had a profound effect upon my week. Now he is forced to work almost five tion insofar as it motivates instrospection retirement. In May, we turned off our pro- nights or six nights a week just to pay for and reasoned change in our national energy pane powered furnace for the summer and food, bills, and maybe Oreo’s if we are lucky habits. fall. The price of propane has increased from for luxury. Plus we have to pay for my I fear, however, that the nation will choose $1.09 per gallon four years ago to $2.59 per school bills, which means sometimes our political expedience instead of the changes gallon a month ago. Also, we turned off the phone is shut off or we miss a house pay- that will assure our country’s long term pilot light to our gas fireplace. ment. I was a stay-at-home mom but now I health. Rather than wean ourselves from pe- Our family is spread from Oregon to Geor- am forced back into the working world. And troleum, we will be tempted to increase do- gia. The current price of gas has resulted in all I can do at the end of the day is cry alone mestic oil production. Such an increase, our inability to afford trips to visit our chil- at night and hope we can get through the however, would be gobbled up by the global dren and grandchildren. Our children cannot next week. We have thought about moving market, and do little to ameliorate condi- afford to visit us. We now make sure that but that would mean renting and they will tions at home. To be sure, domestic petro- trips to town are fewer and with more er- not allow our dogs to go into the rentals. leum development might be a part of a com- rands accomplished per trip. And I am not about to give up my dogs. The prehensive energy policy, but relying on do- Our government needs to (1) open all areas only thing keeping me going half the time is mestic production as the centerpiece of the to oil drilling, (2) Increase development of I will be graduating next year with an asso- nation’s energy plan would be foolish. solar power technology to include vast solar ciates degree in medical specialist. And that High gasoline prices are due as much to a collection arrays in the unused desert areas, will hopefully help me to find a job to help weak dollar as to increased global competi- (3) consider nuclear energy power develop- my family out. tion for the world’s petroleum. Our nation’s ment, (4) do not overtax our energy compa- DANIELLE. industrial and technological base is rapidly nies, (5) develop policies that will curtail en- eroding, both in real terms and relative to ergy speculators from driving up prices and High energy prices are taking a toll on not the rest of the world. As a consequence, we (6) provide incentives for non oil based pow- just me, but my community. Because of the have less to offer in exchange for the petro- ered automobile production. rise in gas prices, I can no longer afford in leum and other products we import. JAMES, Bonners Ferry. my budget to do something that I love to The nation’s 20th century rise to power co- do—volunteer. I have volunteered with Fam- incided closely with its ability to dominate Thanks for your concern in this matter. I ily Services Alliance of Southeast Idaho for the world’s energy market. We exported the am a soon-to-be 67 year old, retired, on a a year, but as the price of gas got over 3$ a lion’s share of the world’s petroleum and, fixed income. My wife and I live approxi- gallon, I had to stop. One part of the job is importantly, we manufactured the auto- mately 20 miles NW of Couer d’Alene. I am to be able to drive to homes of victims of do- mobiles and machines that used it. For the thankful for our wood stove as it allows us to mestic violence when the police ask for an United States, both literally and figu- keep our heating costs reasonable. Not so advocate. The best way to help a victim of ratively, energy has been the source of when it comes to gasoline. The prices in sexual assault or domestic violence is to em- power. Today’s high petroleum prices signal a Rathdrum are near $4 per gallon, and it power them by showing them that they are window of opportunity for the United States. looks like prices will continue to rise. We do not just victims, they are survivors. But to As the world’s largest energy consumer, we need four wheel drive vehicles around here. do this, you need to go where they are and are in a unique position to define the alter- My truck is indispensable in so many things intervene immediately. It requires taking a native energy technology that the entire I do, including a logging ministry that a car. While it pains me to have to cut this out world will use for decades. We can, as a na- friend and I are engaged in. Yes, we cut trees of my activities, I have already cut back in tion, choose to regain our preeminence as and give the proceeds away. Keeping nothing other ways and it was a hard decision to the world’s largest energy supplier by devel- for ourselves. With our grandchildren on the make. oping and manufacturing the energy produc- coast, the cost of traveling is now being con- DIANA, Pocatello. tion, distribution, and storage systems that sidered more and more. Where does it end? the world will use. This will decrease our de- What I have been asking for years is why, I have been a small business owner, (one pendence on foreign petroleum, revitalize when we have been blessed with oil and nat- that pays taxes and one of the thousands of our industrial base, and rid us of the trade ural gas reserves that will provide this eco- small businesses that support this country) deficit that is sapping our buying power. nomic engine to our country, are we still for over thirty-five years. I am amazed and choosing to allow our energy policy to be deeply troubled by the political chaos in our MICHAEL, Boise. dictated by people who want to prohibit our country and the energy crisis that is bank- One good step toward actually doing some- energy independence and prosperity. It rupting this country. Our raw materials have thing about gasoline prices would be to real- makes no sense. As is being reported regu- raised three or four fold over the last few ize that the oil ‘‘prices’’ quoted daily in the larly, food costs are rising at an alarming years and the energy situation is driving media do not represent the oil companies’ rate due to the cost of transportation. I chal- many small businesses out of business. I see costs for their raw material. They are taken lenge you and others who we elected to rep- the effects trickling down to food and other from the commodities futures trading mar- resent us, to begin setting the stage for oil essentials. Many families are in deep trouble kets, and have no bearing upon what it costs exploration/drilling, and to promote the use and I see it becoming drastic if something is an oil company to pump oil out of the of nuclear energy, among other sensible not done in a short period of time. I do not ground. The oil companies do and will use items. mean in a few years. If Congress does not the futures markets as cover for increasing I hope this is not in the ‘‘for what is it take steps immediately to put a stop to this their prices, but the fact is that when the worth’’ category, but that you are indeed runaway disaster, America will never re- price in the commodities market goes up deeply concerned about this self-imposed di- cover and we will never have a quality of life that does not mean the gasoline producers’ lemma. And a self-imposed, and totally solv- again in America. costs go up too. It is obvious to any thinking able problem it is. I hate to seem gloomy but I see business person that, in fact, the oil companies do not JOHN. and families everyday that are panicked. get their crude oil through the futures mar- When we let OPEC and other foreign govern- kets. With my household, it has been a bit hard. ments support the so-called ‘‘Greenies’’ and If Congress wants to do something worth- When I first bought my Dodge neon, I was other environmental groups in America to while, it could require that oil futures trad- putting about $15 in my tank every two the extent that we cannot take care of our ing be confined to buyers who will take ac- weeks. But that was back in 2004 when my own needs here at home, then we of all peo- tual physical delivery of the oil ‘‘purchased.’’ husband and I could buy a house for close to ple are to be pitied. America is rich with raw As it is, quoted oil futures prices are merely nothing. Now I easily spend $40 every two materials and coal and oil. It is completely analogs for the general value of the dollar, weeks and that is if I do not drive anywhere insane to let governments that hate us hold not for the true cost of oil or the decent but school and back. Then add on our house us hostage. My fourteen-year-old grandson price of retail gasoline. bills which is $1,000 with utilities, then food has more sense than that. Oil companies are JAMES. which is $200 a month, phone is $50 a month, getting filthy rich while the American Peo- the internet which I need for school is also ple are suffering. If there is going to be any- Senior citizens can either buy gas or gro- $50 a month, and my husband only makes thing left for our children and grandchildren, ceries but not both so the groceries win out $700 every two weeks. My husband was also then we better quit worrying about the owl

VerDate Mar 15 2010 08:24 Jun 07, 2011 Jkt 079102 PO 00000 Frm 00027 Fmt 0686 Sfmt 0634 E:\BR09\S08JA9.000 S08JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 322 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 January 8, 2009 or the snail and start worrying about our York State Bar Association, and many Mr. President, I ask that the obit- children and grandchildren. I do not know distinguished publications. She has re- uary of Stella written by Women’s one American that I associate with that does ceived the Ellis Island Medal of Free- Lunch Place Executive Director Shar- not care about the environment and wildlife dom and commendations from the New on Reilly and an eloquent column etc. But it is ridiculous for us to govern our- selves into non-existence. York City Fire Department and Chief about Stella by Rachelle Cohen in the I urge you to take a stand against this cor- of Police. No one, however, can better Boston Herald may be printed in the ruption and turn us back to common sense. speak to Debra’s service than the fami- RECORD. I am very concerned and I vote. lies themselves. In a thank-you note, a The information follows: DANNY. sister of one of the victims wrote: STELLA TAUGHT US ALL ABOUT GRACE, [Debra] held us, offered her shoulder, and DIGNITY I am a 63-year-young woman who is dis- made us feel that it is still worthwhile to (By Rachelle Cohen, Jan. 5, 2009) abled. I am on SSI when I get a cost of living continue this passage. Thank God for this We lost Stella on New Year’s Eve. raise, my rent goes up and eats it up. So for Angel. Even as the city prepared to usher out this me this is really rough; I run out of money For the last 7 years, Debra Steinberg year that nearly everyone agrees they before the month is out. The cost of food has couldn’t wait to see end, this woman who doubled mostly and it goes on and on. Thank has fought for justice for a group of had little and complained little died in the you. people forgotten in the shadows of this company of those who cared about her and JUDITH. terrible tragedy. She has given self- for her. lessly of her time and expertise to help For at least a quarter of a century Stella High gasoline prices are really putting a those in need and is an example to oth- lived on the streets. And we only know that damper on our monthly budget. My wife and ers and a credit to our country. I am much because she was there when the Wom- I are in our 50’s and we do not have a high in- proud to call her my friend.∑ en’s Lunch Place, a daytime shelter for poor come. I am partially disabled and working and homeless women, first opened its doors for low wages. We do not feel that we are f 26 years ago. going to be able to drive much longer. We TRIBUTE TO STELLA MAY BROWN For all those years she’d come for break- fast, a shower, to do her laundry, maybe take have parked one of our cars. In my driving of WEACO over 30 years, we have seen the 1973 oil em- a nap and stay through lunch. For all those bargo and so called shortage and many other ∑ Mr. KENNEDY. Mr. President, all of Thanksgivings and Christmases she had price hikes. But this is beyond comprehen- us in Massachusetts who knew her or found a warm, accepting place. sion. I am not one for government control knew of her were saddened to learn of She was there when I reported for my first but in this case I feel that the government the death of Stella May Brown Weaco stint as a volunteer, by then Stella was an must take over the oil. Otherwise it is going undemanding kind of queen bee—occupying at Massachusetts General Hospital on her favorite spot against the wall in the din- to put a huge damper on the economy. We New Year’s Eve. have only seen the beginning. OPEC has held ing room. She was engaging and gracious, ac- America hostage with these prices. Stella was born in Mississippi, but cepting a pancake with butter and syrup as LARRY. she called Boston her home for the last if it were a special gift. 26 years of her life and she became a Stella became the ultimate challenge for f legend in our city. She lived on the Lunch Place staff over the years. The confu- ADDITIONAL STATEMENTS streets, but her plight never deterred sion that reigned in her head—which often made her insist she was descended from roy- her gentle spirit. She found a home and alty or needed to return to her real home in a family in the volunteers and the fel- TRIBUTE TO DEBRA BROWN Jerusalem—also made her refuse any kind of low guests at the Women’s Lunch housing. STEINBERG Place, the famed daytime shelter in For more than two decades this tugging ∑ Mr. BROWNBACK. Mr. President, I the city for poor and homeless women. and pulling continued. As one former staffer commend Debra Brown Steinberg, an She went there every day after the put it, ‘‘she broke your heart’’ when she left extraordinary woman who I have had shelter opened in 1982, and she became the shelter at its 2:30 p.m. closing time, the honor of working with for the last a familiar face and beloved friend to heading out into bruising heat in the sum- mer, into the cold and the snow on wintry few years. many other members of the commu- days. Housing—temporary or permanent— Debra has been a tireless fighter for nity. wasn’t for her, nor was the medication that the families of 9/11 victims. While con- Stella had an amazingly positive im- might have allowed her to see the world dif- tinuing to work fulltime as a partner pact on every person she met. She is ferently. at the law firm of Cadwalader, very fondly remembered as very grate- But her decades on the streets began to Wickersham & Taft LLP, Debra spear- ful, very amicable, and very kind. Year take their toll on Stella. And, frankly she headed her firm’s pro bono efforts to after year, the Women’s Lunch Place was no match for the Lunch Place staffers who were tireless in their devotion and re- assist the families left behind. tried to persuade her to accept hous- lentless in their efforts to make whatever The cases she handled were com- ing, but her indomitable spirit led her time remained for Stella safe and com- plicated, involving myriad issues. to decline such assistance. Finally, fortable. Many families faced social service, fi- when the pressures of daily living on So for the last two years of her life Stella nancial and immigration complica- the streets became unbearable even for had a roof over her head and a place to call tions. Rather than addressing simply Stella, she graciously accepted the home. the legal aspects of each case, Debra help of those around her and spent the And at the end of her days she had what so many others with so much more in material worked to connect organizations, agen- last 2 years on her life in the Pine wealth would envy. She had at her bedside cies, and policies to tackle cases in Street Inn. people who loved her. They loved her—we all their entirety. Even then, Stella unfailingly came loved her—for the simplest of reasons. She In May of 2002, New York State back to the Women’s Lunch Place as returned our affection and our kindness ten- passed the September 11 Victims and often as she could, to seek out the fa- fold. She taught us that grace and dignity Families Relief Act, large portions of miliar faces and friendships she cher- aren’t a function of wealth or power. And at which Debra helped draft. She also con- ished so much there. Sadly, Stella the beginning of a new year she reminded tributed to the Federal September 11th passed away on New Year’s Eve, in the us—even in death—that being poor or home- less or mentally ill doesn’t rob you of that Family Humanitarian Relief and Patri- company of those who loved her for the grace or that dignity. That comes from with- otism Act, which was introduced by joy she had given to their lives. In in. Stella taught us that.∑ Senator LAUTENBERG in the 110th Con- many ways, Stella exemplified the f gress. power and the spirit of giving and the Debra’s outstanding work has al- extraordinary importance of human MESSAGES FROM THE PRESIDENT ready been recognized by numerous kindness. She’ll be deeply missed, but Messages from the President of the current and former Members of Con- the impact she had on all who knew United States were communicated to gress, Presidential candidates, authors, her is immeasurable, and the lessons the Senate by Mrs. Neiman, one of his activists, religious leaders, the New she taught will never be forgotten. secretaries.

VerDate Mar 15 2010 08:24 Jun 07, 2011 Jkt 079102 PO 00000 Frm 00028 Fmt 0686 Sfmt 0634 E:\BR09\S08JA9.000 S08JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 8, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 323 EXECUTIVE MESSAGES REFERRED tive remedies to victims of discrimination in posit Insurance Corporation, transmitting, the payment of wages on the basis of sex, and pursuant to law, the report of a rule entitled As in executive session the Presiding for other purposes. ‘‘Deposit Insurance Requirements After Cer- Officer laid before the Senate messages f tain Conversions; Definition of ‘‘Corporate from the President of the United Reorganization;’’ Optional Conversions States submitting sundry nominations EXECUTIVE AND OTHER (‘‘Oakar Transactions’’); Additional Grounds which were referred to the appropriate COMMUNICATIONS for Disapproval of Changes in Control; and committees. The following communications were Disclosure of Certain Supervisory Informa- tion’’ (RIN3064–AD25) received in the Office (The nominations received today are laid before the Senate, together with printed at the end of the Senate pro- of the President of the Senate on January 5, accompanying papers, reports, and doc- 2009; to the Committee on Banking, Housing, ceedings.) uments, and were referred as indicated: and Urban Affairs. f EC–251. A communication from the Direc- EC–260. A communication from the Direc- tor of the Regulatory Review Group, Com- tor, Office of Legislative Affairs, Federal De- MESSAGE FROM THE HOUSE modity Credit Corporation, Department of posit Insurance Corporation, transmitting, At 2:38 p.m., a message from the Agriculture, transmitting, pursuant to law, pursuant to law, the report of a rule entitled House of Representatives, delivered by the report of a rule entitled ‘‘Farm Program ‘‘Assessment Dividends’’ (RIN3064–AD27) re- Mr. Zapata, one of its reading clerks, Payment Limitation and Payment Eligi- ceived in the Office of the President of the announced that the House has passed bility for 2009 and Subsequent Crop, Pro- Senate on January 5, 2009; to the Committee gram, or Fiscal Years’’ (RIN0560–AH85) re- on Banking, Housing, and Urban Affairs. the following bills, in which it requests ceived in the Office of the President of the EC–261. A communication from the Sec- the concurrence of the Senate: Senate on January 5, 2009; to the Committee retary of Transportation, transmitting, pur- H.R. 35. An act to amend chapter 22 of title on Agriculture, Nutrition, and Forestry. suant to law, a report entitled ‘‘Actions 44, United States Code, popularly known as EC–252. A communication from the Under Taken on Office of Inspector General Rec- the Presidential Records Act, to establish Secretary of Defense (Policy), transmitting, ommendations’’; to the Committee on Com- procedures for the consideration of claims of pursuant to law, a report relative to the Pro- merce, Science, and Transportation. constitutionally based privilege against dis- liferation Security Initiative; to the Com- EC–262. A communication from the Pro- closure of Presidential records. mittee on Armed Services. gram Analyst, Federal Aviation Administra- H.R. 36. An act to amend title 44, United EC–253. A communication from the Assist- tion, Department of Transportation, trans- States Code, to require information on con- ant Secretary for Management and Chief Fi- mitting, pursuant to law, the report of a rule tributors to Presidential library fundraising nancial Officer, Department of the Treasury, entitled ‘‘Revision of Restricted Areas 4806W, organizations. transmitting, pursuant to law, a report rel- 4807A&B, and 4809; Nevada’’ ((Docket No. f ative to the Department’s competitive FAA–2008–1252)(Airspace Docket No. 08– sourcing efforts for fiscal year 2008; to the AWP–12)) received in the Office of the Presi- MEASURES REFERRED Committee on Banking, Housing, and Urban dent of the Senate on January 5, 2009; to the Committee on Commerce, Science, and The following bills were read the first Affairs. EC–254. A communication from the Chair- Transportation. and the second times by unanimous man, Securities and Exchange Commission, EC–263. A communication from the Pro- consent, and referred as indicated: transmitting, pursuant to law, a report enti- gram Analyst, Federal Aviation Administra- H.R. 35. An act to amend chapter 22 of title tled ‘‘Report and Recommendations Pursu- tion, Department of Transportation, trans- 44, United States Code, popularly known as ant to Section 133 of the Emergency Eco- mitting, pursuant to law, the report of a rule the Presidential Records Act, to establish nomic Stabilization Act of 2008: Study on entitled ‘‘Revision of Class E Airspace; procedures for the consideration of claims of Mark-To-Market Accounting’’; to the Com- Ketchikan, AK’’ ((Docket No. FAA–2008– constitutionally based privilege against dis- mittee on Banking, Housing, and Urban Af- 0998)(Airspace Docket No. 08–AAL–29)) re- closure of Presidential records; to the Com- fairs. ceived in the Office of the President of the mittee on Homeland Security and Govern- EC–255. A communication from the Deputy Senate on January 5, 2009; to the Committee mental Affairs. Secretary of the Treasury, transmitting, on Commerce, Science, and Transportation. H.R. 36. An act to amend title 44, United pursuant to law, the six-month periodic re- EC–264. A communication from the Pro- States Code, to require information on con- port on the national emergency with respect gram Analyst, Federal Aviation Administra- tributors to Presidential library fundraising to North Korea that was declared in Execu- tion, Department of Transportation, trans- organizations; to the Committee on Home- tive Order 13466 of June 26, 2008; to the Com- mitting, pursuant to law, the report of a rule land Security and Governmental Affairs. mittee on Banking, Housing, and Urban Af- entitled ‘‘Revision of Class E Airspace; Toksook Bay, AK’’ ((Docket No. FAA–2008– f fairs. EC–256. A communication from the Deputy 0999)(Airspace Docket No. 08–AAL–30)) re- MEASURES PLACED ON THE Secretary of the Treasury, transmitting, ceived in the Office of the President of the CALENDAR pursuant to law, the six-month periodic re- Senate on January 5, 2009; to the Committee port on the national emergency with respect on Commerce, Science, and Transportation. The following bill was read the sec- to the Western Balkans that was declared in EC–265. A communication from the Pro- ond time, and placed on the calendar: Executive Order 13219 of June 26, 2001; to the gram Analyst, Federal Aviation Administra- S. 22. A bill to designate certain land as Committee on Banking, Housing, and Urban tion, Department of Transportation, trans- components of the National Wilderness Pres- Affairs. mitting, pursuant to law, the report of a rule ervation System, to authorize certain pro- EC–257. A communication from the Asso- entitled ‘‘Revision of Class E Airspace; Ruby, grams and activities in the Department of ciate General Counsel for Legislation and AK’’ ((Docket No. FAA–2008–0005)(Airspace the Interior and the Department of Agri- Regulations, Office of Community Planning Docket No. 08–AAL–1)) received in the Office culture, and for other purposes. and Development, Department of Housing of the President of the Senate on January 5, and Urban Development, transmitting, pur- 2009; to the Committee on Commerce, f suant to law, the report of a rule entitled Science, and Transportation. MEASURES READ THE FIRST TIME ‘‘Matching Requirement in McKinney-Vento EC–266. A communication from the Pro- Act Programs’’ (RIN2506–AC24) received in gram Analyst, Federal Aviation Administra- The following bills were read the first the Office of the President of the Senate on tion, Department of Transportation, trans- time: January 5, 2009; to the Committee on Bank- mitting, pursuant to law, the report of a rule S. 181. A bill to amend title VII of the Civil ing, Housing, and Urban Affairs. entitled ‘‘Establishment of Class D and Class Rights Act of 1964 and the Age Discrimina- EC–258. A communication from the Direc- E Airspace; Conroe, TX’’ ((Docket No. FAA– tion in Employment Act of 1967, and to mod- tor, Office of Legislative Affairs, Federal De- 2008–0960)(Airspace Docket No. 08–ASW–17)) ify the operation of the Americans with Dis- posit Insurance Corporation, transmitting, received in the Office of the President of the abilities Act of 1990 and the Rehabilitation pursuant to law, the report of a rule entitled Senate on January 5, 2009; to the Committee Act of 1973, to clarify that a discriminatory ‘‘Financial Education Programs That In- on Commerce, Science, and Transportation. compensation decision or other practice that clude the Provision of Bank Products and EC–267. A communication from the Pro- is unlawful under such Acts occurs each time Services’’ (RIN3064–AD28) received in the Of- gram Analyst, Federal Aviation Administra- compensation is paid pursuant to the dis- fice of the President of the Senate on Janu- tion, Department of Transportation, trans- criminatory compensation decision or other ary 5, 2009; to the Committee on Banking, mitting, pursuant to law, the report of a rule practice, and for other purposes. Housing, and Urban Affairs. entitled ‘‘Establishment of Class E Airspace; S. 182. A bill to amend the Fair Labor EC–259. A communication from the Direc- Napakiak, AK; Correction’’ ((Docket No. Standards Act of 1938 to provide more effec- tor, Office of Legislative Affairs, Federal De- FAA–2008–0454)(Airspace Docket No. 08–AAL–

VerDate Mar 15 2010 08:24 Jun 07, 2011 Jkt 079102 PO 00000 Frm 00029 Fmt 0686 Sfmt 0634 E:\BR09\S08JA9.001 S08JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 324 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 January 8, 2009 13)) received in the Office of the President of EC–276. A communication from the Assist- tion, Department of Transportation, trans- the Senate on January 5, 2009; to the Com- ant Chief Counsel for General Law, Pipeline mitting, pursuant to law, the report of a rule mittee on Commerce, Science, and Transpor- and Hazardous Materials Safety Administra- entitled ‘‘Airworthiness Directives; Saab AB, tation. tion, Department of Transportation, trans- Saab Aerosystems Model 340A (SAAB/ EC–268. A communication from the Pro- mitting, pursuant to law, the report of a rule SF340A) and SAAB 340B Airplanes’’ gram Analyst, Federal Aviation Administra- entitled ‘‘Pipeline Safety: Polyamide-11 (PA– ((RIN2120–AA64)(Docket No. FAA–2008–1044)) tion, Department of Transportation, trans- 11) Plastic Pipe Design Pressures’’ (RIN2137– received in the Office of the President of the mitting, pursuant to law, the report of a rule AE26) received in the Office of the President Senate on January 5, 2009; to the Committee entitled ‘‘Establishment of Class E Airspace; of the Senate on January 5, 2009; to the Com- on Commerce, Science, and Transportation. Edinburg, TX’’ ((Docket No. FAA–2008– mittee on Commerce, Science, and Transpor- EC–283. A communication from the Pro- 0985)(Airspace Docket No. 08–ASW–18)) re- tation. gram Analyst, Federal Aviation Administra- ceived in the Office of the President of the EC–277. A communication from the Pro- tion, Department of Transportation, trans- Senate on January 5, 2009; to the Committee gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule on Commerce, Science, and Transportation. tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives; Bom- EC–269. A communication from the Pro- mitting, pursuant to law, the report of a rule bardier Model CL–600–2B19 (Regional Jet Se- gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives; McDon- ries 100 & 440) Airplanes’’ ((RIN2120– tion, Department of Transportation, trans- nell Douglas Model DC–8–11, DC–8–12, DC–8– AA64)(Docket No. FAA–2008–0977)) received mitting, pursuant to law, the report of a rule 21, DC–8–31, DC–8–32, DC–8–33, DC–8–41, DC–8– in the Office of the President of the Senate entitled ‘‘Modification of Class E Airspace; 42, and DC–8–43 Airplanes; Model DC–8–51, on January 5, 2009; to the Committee on Franklin, NC’’ ((Docket No. FAA–2008– DC–8–52, DC–8–53, and DC–8–55 Airplanes; Commerce, Science, and Transportation. 0986)(Airspace Docket No. 08–ASO–15)) re- Model DC–8F–54 and DC–8F–55 Airplanes; EC–284. A communication from the Pro- ceived in the Office of the President of the Model DC–8–61, DC–8–62, and DC–8–63 Air- gram Analyst, Federal Aviation Administra- Senate on January 5, 2009; to the Committee planes; Model DC–8–61F, DC–8–62F, and DC–8– tion, Department of Transportation, trans- on Commerce, Science, and Transportation. 63F Airplanes; Model DC–8–71, DC–8–72, and mitting, pursuant to law, the report of a rule EC–270. A communication from the Pro- DC–8–73 Airplanes; and Model DC–8–71F, DC– entitled ‘‘Airworthiness Directives; Rolls- gram Analyst, Federal Aviation Administra- 8–72F, and DC–8–73F Airplanes’’ ((RIN2120– Royce Corporation (RRC) AE 3007A Series tion, Department of Transportation, trans- AA64)(Docket No. FAA–2008–0123)) received Turbofan Engines’’ ((RIN2120–AA64)(Docket mitting, pursuant to law, the report of a rule in the Office of the President of the Senate No. FAA–2008–0975)) received in the Office of entitled ‘‘Revocation of Class E Airspace; on January 5, 2009; to the Committee on the President of the Senate on January 5, Metlakatla, AK’’ ((Docket No. FAA–2008– Commerce, Science, and Transportation. 2009; to the Committee on Commerce, 1018)(Airspace Docket No. 08–AAL–31)) re- EC–278. A communication from the Pro- Science, and Transportation. ceived in the Office of the President of the gram Analyst, Federal Aviation Administra- EC–285. A communication from the Pro- Senate on January 5, 2009; to the Committee tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- on Commerce, Science, and Transportation. mitting, pursuant to law, the report of a rule EC–271. A communication from the Pro- entitled ‘‘Airworthiness Directives; Aircraft tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- Industries a.s. (Type Certificate G60EU pre- mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- viously held by LETECKE ZAVODY a.s. and entitled ‘‘Airworthiness Directives; Bom- mitting, pursuant to law, the report of a rule LET Aeronautical Works) Model L 23 Super bardier-Rotax GmbH 914 F Series Recipro- entitled ‘‘Amendment of Class E Airspace; Blanik Sailplane’’ ((RIN2120–AA64)(Docket cating Engines’’ ((RIN2120–AA64)(Docket No. Butler, PA; Removal of Class E Airspace; No. FAA–2008–1138)) received in the Office of FAA–2008–0842)) received in the Office of the East Butler, PA’’ ((Docket No. FAA–2008– the President of the Senate on January 5, President of the Senate on January 5, 2009; 0836)(Airspace Docket No. 08–AEA–23)) re- 2009; to the Committee on Commerce, to the Committee on Commerce, Science, ceived in the Office of the President of the Science, and Transportation. and Transportation. Senate on January 5, 2009; to the Committee EC–279. A communication from the Pro- EC–286. A communication from the Pro- on Commerce, Science, and Transportation. gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- EC–272. A communication from the Pro- tion, Department of Transportation, trans- tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives; Cessna entitled ‘‘Airworthiness Directives; General mitting, pursuant to law, the report of a rule Aircraft Company 172, 175, 177, 180, 182, 185, Electric Company (GE) CT7–8A Turboshaft entitled ‘‘Modification of Class D and E Air- 188, 206, 207, 208, 210, 303, 336, and 337 Series Engines’’ ((RIN2120–AA64)(Docket No. FAA– space; Brunswick, ME’’ ((Docket No. FAA– Airplanes’’ ((RIN2120–AA64)(Docket No. 2006–24261)) received in the Office of the 2008–0203)(Airspace Docket No. 08–ANE–99)) FAA–2008–1328)) received in the Office of the President of the Senate on January 5, 2009; received in the Office of the President of the President of the Senate on January 5, 2009; to the Committee on Commerce, Science, Senate on January 5, 2009; to the Committee to the Committee on Commerce, Science, and Transportation. on Commerce, Science, and Transportation. and Transportation. EC–287. A communication from the Pro- EC–273. A communication from the Pro- EC–280. A communication from the Pro- gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- tion, Department of Transportation, trans- tion, Department of Transportation, trans- mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives; Air Trac- entitled ‘‘Washington, DC Metropolitan Area entitled ‘‘Airworthiness Directives; Piper tor, Inc. Models AT–200, AT–300, AT–400, AT– Special Flight Rules Area’’ (RIN2120–AI17) Aircraft, Inc. Models PA–46–350P, PA–46R– 500, AT–600, and AT–800 Series Airplanes’’ received in the Office of the President of the 350T, and PA–46–500TP Airplanes’’ ((RIN2120– ((RIN2120–AA64)(Docket No. FAA–2008–1120)) Senate on January 5, 2009; to the Committee AA64)(Docket No. FAA–2008–1085)) received received in the Office of the President of the on Commerce, Science, and Transportation. in the Office of the President of the Senate Senate on January 5, 2009; to the Committee EC–274. A communication from the Pro- on January 5, 2009; to the Committee on on Commerce, Science, and Transportation. gram Analyst, Federal Aviation Administra- Commerce, Science, and Transportation. EC–288. A communication from the Pro- tion, Department of Transportation, trans- EC–281. A communication from the Pro- gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- entitled ‘‘Establishment of Low Altitude tion, Department of Transportation, trans- mitting, pursuant to law, the report of a rule Area Navigation T–254; Houston, TX’’ mitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives; Cessna ((Docket No. FAA–2008–0716)(Airspace Docket entitled ‘‘Airworthiness Directives; McDon- Model 560 Airplanes’’ ((RIN2120– No. 08–ASW–9)) received in the Office of the nell Douglas Model DC–8–11, DC–8–12, DC–8– AA64)(Docket No. FAA–2008–0903)) received President of the Senate on January 5, 2009; 21, DC–8–31, DC–8–32, DC–8–33, DC–8–41, DC–8– in the Office of the President of the Senate to the Committee on Commerce, Science, 42, and DC–8–43 Airplanes; Model DC–8–50 Se- on January 5, 2009; to the Committee on and Transportation. ries Airplanes; Model DC–8F–54 and DC–8F–55 Commerce, Science, and Transportation. EC–275. A communication from the Trial Airplanes; Model DC–8–60 Series Airplanes; EC–289. A communication from the Pro- Attorney, Federal Railroad Administration, Model DC–8–60F Series Airplanes; Model DC– gram Analyst, Federal Aviation Administra- Department of Transportation, transmitting, 8–70 Series Airplanes; and Model DC–8–70F tion, Department of Transportation, trans- pursuant to law, the report of a rule entitled Series Airplanes’’ ((RIN2120–AA64)(Docket mitting, pursuant to law, the report of a rule ‘‘Adjustments of Monetary Threshold for Re- No. FAA–2008–0858)) received in the Office of entitled ‘‘Airworthiness Directives; MD Heli- porting Rail Equipment Accidents/Incidents the President of the Senate on January 5, copters, Inc. Model MD900 Helicopters’’ for Calendar Year 2009’’ (FRA–2008–0136) re- 2009; to the Committee on Commerce, ((RIN2120–AA64)(Docket No. FAA–2008–1250)) ceived in the Office of the President of the Science, and Transportation. received in the Office of the President of the Senate on January 5, 2009; to the Committee EC–282. A communication from the Pro- Senate on January 5, 2009; to the Committee on Commerce, Science, and Transportation. gram Analyst, Federal Aviation Administra- on Commerce, Science, and Transportation.

VerDate Mar 15 2010 08:24 Jun 07, 2011 Jkt 079102 PO 00000 Frm 00030 Fmt 0686 Sfmt 0634 E:\BR09\S08JA9.001 S08JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 8, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 325 EC–290. A communication from the Trial ‘‘Fisheries Off West Coast States; Modifica- tional Marine Fisheries Service, Department Attorney, Federal Railroad Administration, tions of the West Coast Commercial and Rec- of Commerce, transmitting, pursuant to law, Department of Transportation, transmitting, reational Salmon Fisheries; Inseason Ac- the report of a rule entitled ‘‘Pacific Halibut pursuant to law, the report of a rule entitled tions #7, #8, #9, #10, #11, and #12’’ (RIN0648– Fisheries; Subsistence Fishing’’ (RIN0648– ‘‘Adjustments to the Minimum and Max- XK59) received in the Office of the President AW36) received in the Office of the President imum Civil Monetary Penalties for Viola- of the Senate on January 5, 2009; to the Com- of the Senate on January 5, 2009; to the Com- tions of Federal Railroad Safety Laws or mittee on Commerce, Science, and Transpor- mittee on Commerce, Science, and Transpor- Federal Railroad Administration Safety tation. tation. Regulations’’ (RIN2130–AB94) received in the EC–298. A communication from the Deputy EC–305. A communication from the Deputy Office of the President of the Senate on Jan- Assistant Administrator for Regulatory Pro- Assistant Administrator for Regulatory Pro- uary 5, 2009; to the Committee on Commerce, grams, National Marine Fisheries Service, grams, National Marine Fisheries Service, Science, and Transportation. Department of Commerce, transmitting, pur- Department of Commerce, transmitting, pur- EC–291. A communication from the Divi- suant to law, the report of a rule entitled suant to law, the report of a rule entitled sion Chief of Legislation and Regulations, ‘‘Pacific Halibut Fisheries; Bering Sea and ‘‘Fisheries in the Western Pacific; Pelagic Maritime Administration, Department of Aleutian Islands King and Tanner Crab Fish- Fisheries; Squid Jig Fisheries’’ (RIN0648– Transportation, transmitting, pursuant to eries; Groundfish Fisheries of the Exclusive AS71) received in the Office of the President law, the report of a rule entitled ‘‘America’s Economic Zone Off Alaska; Individual Fish- of the Senate on January 5, 2009; to the Com- Marine Highway Program’’ (RIN2133–AB70) ing Quota Program; Western Alaska Commu- mittee on Commerce, Science, and Transpor- received in the Office of the President of the nity Development Quota Program; Record- tation. Senate on January 5, 2009; to the Committee keeping and Reporting; Permits’’ (RIN0648– EC–306. A communication from the Direc- on Commerce, Science, and Transportation. AT91) received in the Office of the President tor of the Office of Sustainable Fisheries, EC–292. A communication from the Acting of the Senate on January 5, 2009; to the Com- National Marine Fisheries Service, Depart- Director of the Office of Sustainable Fish- mittee on Commerce, Science, and Transpor- ment of Commerce, transmitting, pursuant eries, National Marine Fisheries Service, De- tation. to law, the report of a rule entitled ‘‘Fish- partment of Commerce, transmitting, pursu- EC–299. A communication from the Direc- eries of the Exclusive Economic Zone Off ant to law, the report of a rule entitled tor of the Office of Sustainable Fisheries, Alaska; Rock Sole, Flathead Sole, and ‘‘Fisheries in the Western Pacific; Crusta- National Marine Fisheries Service, Depart- ‘‘Other Flatfish’’ by Vessels Participating in cean Fisheries; Deepwater Shrimp; Correc- ment of Commerce, transmitting, pursuant the Amendment 80 Limited Access Fishery tion’’ (RIN0648–AV29) received in the Office to law, the report of a rule entitled ‘‘Fish- in Bering Sea and Aleutian Islands Manage- of the President of the Senate on January 5, eries of the Northeastern United States; ment Area’’ ((ID 112108A) (Docket No. 2009; to the Committee on Commerce, Summer Flounder Fishery; Commercial 071106673–8011–02)) received in the Office of Science, and Transportation. Quota Harvested for the State of New Jer- the President of the Senate on January 5, EC–293. A communication from the Acting sey’’ (RIN0648–XL93) received in the Office of 2009; to the Committee on Commerce, Director of the Office of Sustainable Fish- the President of the Senate on January 5, Science, and Transportation. eries, National Marine Fisheries Service, De- 2009; to the Committee on Commerce, EC–307. A communication from the Acting partment of Commerce, transmitting, pursu- Science, and Transportation. Assistant Administrator for Fisheries, Na- ant to law, the report of a rule entitled EC–300. A communication from the Acting tional Marine Fisheries Service, Department ‘‘Fisheries of the Northeastern United Director of the Office of Sustainable Fish- of Commerce, transmitting, pursuant to law, States; Atlantic Herring Fishery; 2007–2009 eries, National Marine Fisheries Service, De- the report of a rule entitled ‘‘Endangered Specifications’’ (RIN0648–XM06) received in partment of Commerce, transmitting, pursu- and Threatened Species; Critical Habitat for the Office of the President of the Senate on ant to law, the report of a rule entitled Threatened Elkhorn and Staghorn Corals’’ January 8, 2009; to the Committee on Com- ‘‘Magnuson-Stevens Act Provisions; Fish- (RIN0648–AV35) received in the Office of the merce, Science, and Transportation. eries Off West Coast States; Pacific Coast President of the Senate on January 5, 2009; EC–294. A communication from the Acting Groundfish Fishery; Biennial Specifications to the Committee on Commerce, Science, Director of the Office of Sustainable Fish- and Management Measures; Inseason Adjust- and Transportation. eries, National Marine Fisheries Service, De- ments’’ (RIN0648–AX43) received in the Office EC–308. A communication from the Chair- partment of Commerce, transmitting, pursu- of the President of the Senate on January 5, man of the Federal Energy Regulatory Com- ant to law, the report of a rule entitled 2009; to the Committee on Commerce, mission, transmitting, pursuant to law, a re- ‘‘Fisheries of the Northeastern United Science, and Transportation. port entitled ‘‘Assessment of Demand Re- States; Summer Flounder Fishery; Commer- EC–301. A communication from the Acting sponse & Advanced Metering’’; to the Com- cial Quota Harvested for the State of New Director of the Office of Sustainable Fish- mittee on Energy and Natural Resources. Jersey’’ (RIN0648–XL93) received in the Of- eries, National Marine Fisheries Service, De- EC–309. A communication from the Direc- fice of the President of the Senate on Janu- partment of Commerce, transmitting, pursu- tor, Regulatory Management Division, Envi- ary 8, 2009; to the Committee on Commerce, ant to law, the report of a rule entitled ronmental Protection Agency, transmitting, Science, and Transportation. ‘‘Fisheries of the Exclusive Economic Zone pursuant to law, the report of a rule entitled EC–295. A communication from the Acting Off Alaska; Reallocation of Halibut in the ‘‘Nebraska: Final Authorization of State Director of the Office of Sustainable Fish- Gulf of Alaska’’ (RIN0648–XL84) received in Hazardous Waste Management Program Re- eries, National Marine Fisheries Service, De- the Office of the President of the Senate on visions’’ (FRL–8758–6) received in the Office partment of Commerce, transmitting, pursu- January 5, 2009; to the Committee on Com- of the President of the Senate on January 5, ant to law, the report of a rule entitled merce, Science, and Transportation. 2009; to the Committee on Environment and ‘‘Fisheries of the Northeastern United EC–302. A communication from the Acting Public Works. States; Scup Fishery; Commercial Quota Director of the Office of Sustainable Fish- EC–310. A communication from the Com- Harvested for 2008 Winter II Period’’ eries, National Marine Fisheries Service, De- missioner, Social Security Administration, (RIN0648–XL95) received in the Office of the partment of Commerce, transmitting, pursu- transmitting, pursuant to law, a report rel- President of the Senate on January 8, 2009; ant to law, the report of a rule entitled ative to the Administration’s competitive to the Committee on Commerce, Science, ‘‘Fisheries of the Northeastern United sourcing efforts during fiscal year 2008; to and Transportation. States; Atlantic Bluefish Fishery; Quota the Committee on Finance. EC–296. A communication from the Acting Transfer’’ (RIN0648–XL76) received in the Of- EC–311. A communication from the Sec- Director of the Office of Sustainable Fish- fice of the President of the Senate on Janu- retary of Health and Human Services, trans- eries, National Marine Fisheries Service, De- ary 5, 2009; to the Committee on Commerce, mitting, pursuant to law, an annual report partment of Commerce, transmitting, pursu- Science, and Transportation. relative to the implementation of the Age ant to law, the report of a rule entitled EC–303. A communication from the Acting Discrimination Act of 1975 for fiscal year ‘‘Fisheries of the Exclusive Economic Zone Director of the Office of Sustainable Fish- 2007; to the Committee on Health, Education, Off Alaska; Reallocation of Pacific Cod in eries, National Marine Fisheries Service, De- Labor, and Pensions. the Bering Sea and Aleutian Islands Manage- partment of Commerce, transmitting, pursu- EC–312. A communication from the Assist- ment Area’’ (RIN0648–XM17) received in the ant to law, the report of a rule entitled ant Secretary of Education (Special Edu- Office of the President of the Senate on Jan- ‘‘Fisheries Off West Coast States; Pacific cation and Rehabilitative Services), trans- uary 5, 2009; to the Committee on Commerce, Coast Groundfish Fishery; Pacific Whiting mitting, pursuant to law, the report of a rule Science, and Transportation. Allocation’’ (RIN0648–XK69) received in the entitled ‘‘National Institute on Disability EC–297. A communication from the Acting Office of the President of the Senate on Jan- and Rehabilitation Research—Disability and Director of the Office of Sustainable Fish- uary 5, 2009; to the Committee on Commerce, Rehabilitation Research Projects and Cen- eries, National Marine Fisheries Service, De- Science, and Transportation. ters Program—Disability Rehabilitation Re- partment of Commerce, transmitting, pursu- EC–304. A communication from the Deputy search Projects (DRRPs)’’ (4000–01–U) re- ant to law, the report of a rule entitled Assistant Administrator for Operations, Na- ceived in the Office of the President of the

VerDate Mar 15 2010 08:24 Jun 07, 2011 Jkt 079102 PO 00000 Frm 00031 Fmt 0686 Sfmt 0634 E:\BR09\S08JA9.001 S08JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 326 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 January 8, 2009 Senate on January 5, 2009; to the Committee entitled ‘‘Business Loan Program Regula- S. 171. A bill to develop and maintain an on Health, Education, Labor, and Pensions. tions: Incorporation of London Interbank Of- integrated system of coastal and ocean ob- EC–313. A communication from the White fered Rate (LIBOR) Base Rate and Secondary servations for the Nation’s coasts, oceans, House Liaison, Department of Health and Market Pool Interest Rate Changes’’ and Great Lakes, to improve warnings of Human Services, transmitting, pursuant to (RIN3245–AF83) received in the Office of the tsunami, hurricanes, El Nino events, and law, the report of a vacancy and designation President of the Senate on January 5, 2009; other natural hazards, to enhance homeland of acting officer for the position of Director, to the Committee on Small Business and En- security, to support maritime operations, to National Institutes of Health, received on trepreneurship. improve management of coastal and marine January 5, 2009; to the Committee on Health, EC–324. A communication from the Acting resources, and for other purposes; to the Education, Labor, and Pensions. Administrator, Small Business Administra- Committee on Commerce, Science, and EC–314. A communication from the White tion, transmitting, pursuant to law, the re- Transportation. House Liaison, Department of Health and port of a vacancy and designation of acting By Ms. SNOWE (for herself, Mr. Human Services, transmitting, pursuant to officer for the position of Chief Counsel for INOUYE, and Mr. ROCKEFELLER): law, the report of a vacancy and designation Advocacy, received in the Office of the Presi- S. 172. A bill to establish a coordinated na- of acting officer for the position of General dent of the Senate on January 5, 2009; to the tional ocean exploration program within the Counsel, received on January 5, 2009; to the Committee on Small Business and Entrepre- National Oceanic and Atmospheric Adminis- Committee on Health, Education, Labor, and neurship. tration, and for other purposes; to the Com- Pensions. EC–325. A communication from the Direc- mittee on Commerce, Science, and Transpor- EC–315. A communication from the Execu- tor of Regulations Management, Veterans tation. tive Director, Securities and Exchange Com- Benefits Administration, Department of Vet- By Mr. LAUTENBERG (for himself, erans Affairs, transmitting, pursuant to law, mission, transmitting, pursuant to law, the Mr. INOUYE, Mr. ROCKEFELLER, Ms. the report of a rule entitled ‘‘Increase in Commission’s Performance and Account- CANTWELL, Ms. SNOWE, Mr. KERRY, Rates Payable Under the Survivors’ and De- ability Report for fiscal year 2008; to the Mrs. BOXER, and Mr. REED): pendents’ Educational Assistance Program Committee on Homeland Security and Gov- S. 173. A bill to establish an interagency and Other Miscellaneous Issues’’ (RIN2900– ernmental Affairs. committee to develop an ocean acidification AM67) received in the Office of the President EC–316. A communication from the Chair- research and monitoring plan and to estab- of the Senate on January 5, 2009; to the Com- man, Defense Nuclear Facilities Safety lish an ocean acidification program within mittee on Veterans’ Affairs. Board, transmitting, pursuant to law, the NOAA; to the Committee on Commerce, Board’s Performance and Accountability Re- f Science, and Transportation. port for fiscal year 2008; to the Committee on INTRODUCTION OF BILLS AND By Mr. INOUYE (for himself, Mr. Homeland Security and Governmental Af- JOINT RESOLUTIONS ROCKEFELLER, and Ms. SNOWE): fairs. S. 174. A bill to establish a coordinated and EC–317. A communication from the Chair- The following bills and joint resolu- comprehensive Federal ocean and coastal man, National Endowment for the Arts, tions were introduced, read the first mapping program; to the Committee on transmitting, pursuant to law, a report rel- and second times by unanimous con- Commerce, Science, and Transportation. ative to the competitive sourcing efforts for sent, and referred as indicated: By Mr. FEINGOLD: fiscal years 2003–2008 and plans for fiscal year S. 175. A bill to evaluate certain skills cer- By Mr. KOHL (for himself, Mrs. FEIN- 2009; to the Committee on Homeland Secu- tification programs, and for other purposes; STEIN, Mr. LEAHY, Mr. REID, Mr. rity and Governmental Affairs. to the Committee on Health, Education, SCHUMER, Mr. DURBIN, Mr. DODD, Mr. EC–318. A communication from the Deputy Labor, and Pensions. LAUTENBERG, Mrs. BOXER, Ms. Archivist of the United States, National Ar- By Mr. FEINGOLD: STABENOW, Mr. KERRY, and Mr. chives and Records Administration, trans- S. 176. A bill to improve the job access and WHITEHOUSE): mitting, pursuant to law, the report of a rule S. 167. A bill to amend the Omnibus Crime reverse commute program, and for other pur- entitled ‘‘Testimony by NARA Employees Control and Safe Streets Act of 1968 to en- poses; to the Committee on Banking, Hous- Relating to Agency Information and Produc- hance the COPS ON THE BEAT grant pro- ing, and Urban Affairs. tion of Records in Legal Proceedings’’ gram, and for other purposes; to the Com- By Mr. FEINGOLD: (RIN3095–AB32) received in the Office of the mittee on the Judiciary. S. 177. A bill to amend the Small Business President of the Senate on January 5, 2009; By Mrs. FEINSTEIN (for herself, Mr. Act to extend the Small Business Innovation to the Committee on Homeland Security and KYL, Mrs. BOXER, Mrs. HUTCHISON, Research and Small Business Technology Governmental Affairs. Mr. SCHUMER, Mr. CORNYN, Mr. DUR- Transfer programs, to increase the alloca- EC–319. A communication from the Sec- BIN, Mr. CRAPO, Mr. BINGAMAN, Mr. tion of Federal agency grants for those pro- retary, Judicial Conference of the United SPECTER, Ms. CANTWELL, and Mr. grams, to add water, energy, transportation, States, transmitting, pursuant to law, a re- MCCAIN): and domestic security related research to port relative to the need for existing bank- S. 168. A bill to amend the Immigration the list of topics deserving special consider- ruptcy judgeships; to the Committee on the and Nationality Act to provide for com- ation, and for other purposes; to the Com- Judiciary. pensation to States incarcerating undocu- mittee on Small Business and Entrepreneur- EC–320. A communication from the Deputy mented aliens charged with a felony or 2 or ship. White House Liaison, Department of Justice, more misdemeanors; to the Committee on By Mr. FEINGOLD: transmitting, pursuant to law, the report of the Judiciary. S. 178. A bill to amend the Elementary and a vacancy and designation of acting officer By Mr. ISAKSON (for himself, Mr. AL- Secondary Education Act of 1965 to authorize in the position of United States Attorney, EXANDER, Mr. CHAMBLISS, Mr. CORK- a connecting education and emerging profes- District of New Jersey, received in the Office ER, Mr. ENZI, Mr. KYL, Mr. MARTINEZ, sions demonstration grant program; to the of the President of the Senate on January 5, Ms. SNOWE, Mr. VITTER, and Mr. Committee on Health, Education, Labor, and 2009; to the Committee on the Judiciary. VOINOVICH): Pensions. EC–321. A communication from the Deputy S. 169. A bill to provide for a biennial budg- By Ms. STABENOW (for herself and White House Liaison, Department of Justice, et process and a biennial appropriations Ms. SNOWE): transmitting, pursuant to law, the report of process and to enhance oversight and the S. 179. A bill to improve quality in health a vacancy and designation of acting officer performance of the Federal Government; to care by providing incentives for adoption of in the position of United States Attorney, the Committee on the Budget. modern information technology; to the Com- Southern District of New York, received in By Mr. GREGG (for himself, Mr. LAU- mittee on Finance. the Office of the President of the Senate on TENBERG, Mr. INOUYE, Mr. ROCKE- By Mr. SALAZAR (for himself and Mr. January 5, 2009; to the Committee on the Ju- FELLER, Ms. SNOWE, Ms. CANTWELL, UDALL of Colorado): diciary. Mr. CARDIN, and Ms. COLLINS): S. 180. A bill to establish the Cache La EC–322. A communication from the Acting S. 170. A bill to authorize the acquisition of Poudre River National Heritage Area, and Administrator, Small Business Administra- interests in undeveloped coastal areas in for other purposes; to the Committee on En- tion, transmitting, pursuant to law, a report order better to ensure their protection from ergy and Natural Resources. relative to the Administration’s competitive development and for other purposes; to the By Ms. MIKULSKI (for herself, Mr. sourcing efforts for fiscal year 2008; to the Committee on Commerce, Science, and KENNEDY, Mr. HARKIN, Mr. LEAHY, Committee on Small Business and Entrepre- Transportation. Mr. REID, Ms. SNOWE, Mr. DODD, Mr. neurship. By Ms. SNOWE (for herself, Ms. CANT- BINGAMAN, Mrs. MURRAY, Mr. REED, EC–323. A communication from the Deputy WELL, Mr. INOUYE, Mr. ROCKEFELLER, Mrs. CLINTON, Mr. SANDERS, Mr. General Counsel, Office of Financial Assist- Ms. LANDRIEU, Mr. KERRY, Mrs. BROWN, Mr. BYRD, Mr. INOUYE, Mr. ance, Small Business Administration, trans- BOXER, Mr. REED, Ms. COLLINS, and LEVIN, Mr. KERRY, Mr. ROCKEFELLER, mitting, pursuant to law, the report of a rule Mr. NELSON of Florida): Mr. KOHL, Mr. LIEBERMAN, Mr.

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AKAKA, Mrs. FEINSTEIN, Mr. DORGAN, By Mr. UDALL of Colorado: (Mr. REED) was added as a cosponsor of Mrs. BOXER, Mr. FEINGOLD, Mr. S. 189. A bill to amend the National Trails S. 61, a bill to amend title 11 of the WYDEN, Mr. DURBIN, Mr. JOHNSON, System Act to clarify Federal authority re- United States Code with respect to Ms. LANDRIEU, Mr. SCHUMER, Mrs. lating to land acquisition from willing sell- modification of certain mortgages on LINCOLN, Mr. CARPER, Ms. STABENOW, ers for the majority of the trails in the Sys- Ms. CANTWELL, Mr. NELSON of Flor- tem, and for other purposes; to the Com- principal residences, and for other pur- ida, Mr. LAUTENBERG, Mr. SALAZAR, mittee on Energy and Natural Resources. poses. Mr. MENENDEZ, Mr. CARDIN, Mr. By Mr. UDALL of Colorado (for himself S. 69 WEBB, Mr. CASEY, Ms. KLOBUCHAR, and Mr. SALAZAR): At the request of Mr. INOUYE, the Mrs. MCCASKILL, Mr. WHITEHOUSE, S. 190. A bill to designate as wilderness cer- names of the Senator from Utah (Mr. Mr. TESTER, Mr. UDALL of Colorado, tain land within the Rocky Mountain Na- BENNETT), the Senator from California Mr. UDALL of New Mexico, Mr. WAR- tional Park and to adjust the boundaries of (Mrs. FEINSTEIN) and the Senator from NER, Mrs. SHAHEEN, Mr. MERKLEY, the Indian Peaks Wilderness and the Arap- Mrs. HAGAN, Mr. BEGICH, and Mr. aho National Recreation Area of the Arap- Vermont (Mr. LEAHY) were added as co- PRYOR): aho National Forest in the State of Colo- sponsors of S. 69, a bill to establish a S. 181. A bill to amend title VII of the Civil rado; to the Committee on Energy and Nat- fact-finding Commission to extend the Rights Act of 1964 and the Age Discrimina- ural Resources. study of a prior Commission to inves- tion in Employment Act of 1967, and to mod- By Mr. SALAZAR (for himself and Mr. tigate and determine facts and cir- ify the operation of the Americans with Dis- UDALL of Colorado): cumstances surrounding the reloca- abilities Act of 1990 and the Rehabilitation S. 191. A bill to amend the Great Sand tion, internment, and deportation to Act of 1973, to clarify that a discriminatory Dunes National Park and Preserve Act of compensation decision or other practice that 2000 to explain the purpose and provide for Axis countries of Latin Americans of is unlawful under such Acts occurs each time the administration of the Baca National Japanese descent from December 1941 compensation is paid pursuant to the dis- Wildlife Refuge; to the Committee on Energy through February 1948, and the impact criminatory compensation decision or other and Natural Resources. of those actions by the United States, practice, and for other purposes; read the By Mr. NELSON of Florida: and to recommend appropriate rem- first time. S.J. Res. 4. A joint resolution proposing an edies, and for other purposes. By Mrs. CLINTON (for herself, Mr. amendment to the Constitution of the S. 118 KENNEDY, Mr. HARKIN, Mrs. BOXER, United States to abolish the electoral col- Mr. BROWN, Mr. DODD, Mr. FEINGOLD, lege and to provide for the direct popular At the request of Mr. KOHL, the Mr. KERRY, Mr. LAUTENBERG, Mr. election of the President and Vice President names of the Senator from Michigan LEAHY, Mr. LEVIN, Mr. MENENDEZ, of the United States; to the Committee on (Mr. LEVIN) and the Senator from Lou- Ms. MIKULSKI, Mr. REED, Mr. SCHU- the Judiciary. isiana (Ms. LANDRIEU) were added as MER, Ms. STABENOW, Mr. CARDIN, Ms. f cosponsors of S. 118, a bill to amend CANTWELL, Mrs. MURRAY, Ms. SUBMISSION OF CONCURRENT AND section 202 of the Housing Act of 1959, KLOBUCHAR, Mr. MERKLEY, Mr. DUR- to improve the program under such BIN, Mr. AKAKA, and Mr. REID): SENATE RESOLUTIONS S. 182. A bill to amend the Fair Labor section for supportive housing for the The following concurrent resolutions elderly, and for other purposes. Standards Act of 1938 to provide more effec- and Senate resolutions were read, and tive remedies to victims of discrimination in S. 142 referred (or acted upon), as indicated: the payment of wages on the basis of sex, and At the request of Mr. KERRY, the for other purposes; read the first time. By Mr. REID (for himself, Mr. MCCON- name of the Senator from South Da- By Mr. SALAZAR (for himself and Mr. NELL, Mr. KERRY, Mr. LUGAR, Mr. kota (Mr. JOHNSON) was added as a co- UDALL of Colorado): DURBIN, Mr. KYL, Mr. LEVIN, Mr. sponsor of S. 142, a bill to amend titles S. 183. A bill to establish the Dominguez- CHAMBLISS, Mr. LIEBERMAN, Mr. Escalante National Conservation Area and HATCH, Mrs. BOXER, Mr. BOND, Mr. XIX and XXI of the Social Security Act the Dominguez Canyon Wilderness Area; to SCHUMER, Mr. DEMINT, Mr. LAUTEN- to ensure that every uninsured child in the Committee on Energy and Natural Re- BERG, Mr. THUNE, Ms. LANDRIEU, Mr. America has health insurance cov- sources. CRAPO, Mr. MENENDEZ, Mr. MARTINEZ, erage, and for other purposes. Ms. MIKULSKI, Mr. NELSON of Florida, By Mr. SALAZAR (for himself and Mr. S. 154 UDALL of Colorado): Mr. CASEY, Mr. PRYOR, Mr. DORGAN, At the request of Mr. ENSIGN, the S. 184. A bill to authorize the Secretary of Mr. CARPER, Mr. BAUCUS, Mr. BAYH, the Interior to carry out the Jackson Gulch Mr. JOHNSON, Mrs. LINCOLN, Mr. name of the Senator from South Caro- rehabilitation project in the State of Colo- BROWN and Mr. CARDIN): lina (Mr. DEMINT) was added as a co- rado; to the Committee on Energy and Nat- S. Res. 10. A resolution recognizing the sponsor of S. 154, a bill to require the ural Resources. right of Israel to defend itself against at- Congressional Budget Office and the By Mr. SALAZAR (for himself and Mr. tacks from Gaza and reaffirming the United Joint Committee on Taxation to use UDALL of Colorado): States’ strong support for Israel in its battle dynamic economic modeling in addi- S. 185. A bill to establish the Sangre de with Hamas, and supporting the Israeli-Pal- tion to static economic modeling in estinian peace process; considered and Cristo National Heritage Area in the State of the preparation of budgetary estimates Colorado, and for other purposes; to the agreed to. Committee on Energy and Natural Re- By Mr. REID (for himself and Mr. of proposed changes in Federal revenue sources. MCCONNELL): law. By Mr. SALAZAR (for himself and Mr. S. Res. 11. A resolution to authorize pro- f UDALL of Colorado): duction of documents to the Department of S. 186. A bill to establish the South Park Defense Inspector General; considered and STATEMENTS ON INTRODUCED National Heritage Area in the State of Colo- agreed to. BILLS AND JOINT RESOLUTIONS rado, and for other purposes; to the Com- f By Mr. KOHL (for himself, Mrs. mittee on Energy and Natural Resources. FEINSTEIN, Mr. LEAHY, Mr. By Mr. UDALL of Colorado (for himself ADDITIONAL COSPONSORS REID, Mr. SCHUMER, Mr. DUR- and Mr. SALAZAR): S. 34 S. 187. A bill to provide for the construc- BIN, Mr. DODD, Mr. LAUTEN- At the request of Mr. DEMINT, the tion of the Arkansas Valley Conduit in the BERG, Mrs. BOXER, Ms. State of Colorado; to the Committee on En- names of the Senator from Nebraska STABENOW, Mr. KERRY, and Mr. ergy and Natural Resources. (Mr. JOHANNS) and the Senator from WHITEHOUSE): By Mr. UDALL of Colorado (for himself Tennessee (Mr. CORKER) were added as S. 167. A bill to amend the Omnibus and Mr. SALAZAR): cosponsors of S. 34, a bill to prevent Crime Control and Safe Streets Act of S. 188. A bill to provide for a study of op- the Federal Communications Commis- 1968 to enhance the COPS ON THE tions for protecting the open space charac- sion from repromulgating the fairness BEAT grant program, and for other teristics of certain lands in and adjacent to doctrine. the Arapaho and Roosevelt National Forests purposes; to the Committee on the Ju- in Colorado, and for other purposes; to the S. 61 diciary. Committee on Energy and Natural Re- At the request of Mr. DURBIN, the Mr. KOHL. Mr. President, I rise sources. name of the Senator from Rhode Island today with Senators FEINSTEIN, LEAHY,

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REID, and others to introduce the COPS cludes $200 million per year to help (A) by striking the subsection heading text Improvement Act of 2009. This legisla- local district attorneys hire commu- and inserting ‘‘COMMUNITY POLICING AND tion would reauthorize one of the De- nity prosecutors. CRIME PREVENTION GRANTS’’; partment of Justice’s most successful To be sure, some will argue that (B) in paragraph (3), by striking ‘‘, to in- crease the number of officers deployed in efforts to fight crime, the Community more than $1 billion is too large a price community-oriented policing’’; Oriented Policing Services, COPS, pro- tag. It is hard to put a price tag on the (C) in paragraph (4), by inserting ‘‘or gram. security of our communities. Investing train’’ after ‘‘pay for’’; The success story of the COPS pro- money in such a successful program (D) by inserting after paragraph (4) the fol- gram has been told many times, but it with such an important goal is cer- lowing: is worth repeating. The goal in 1994 was tainly worth the cost. We must also re- ‘‘(5) award grants to hire school resource to put an additional 100,000 cops on the member that preventing crime from officers and to establish school-based part- beat. Over the next 5 years, from 1995 occurring saves taxpayers from the nerships between local law enforcement agencies and local school systems to combat to 1999, the COPS Universal Hiring Pro- costs associated with victim assistance crime, gangs, drug activities, and other prob- gram distributed nearly $1 billion in and incarceration. For that reason, a lems in and around elementary and sec- grants to State and local law enforce- recent report by the Brookings Institu- ondary schools;’’; ment agencies to hire additional law tion found ‘‘COPS . . . to be one of the (E) by striking paragraph (9); enforcement officers, allowing us to most cost-effective options available (F) by redesignating paragraphs (10) achieve our goal of 100,000 new officers. for fighting crime.’’ through (12) as paragraphs (9) through (11), Common sense told the American It is also worth noting the assistance respectively; people that having more police walking the COPS program can provide to our (G) by striking paragraph (13); the beat would lead to less crime, and economy. Few government programs (H) by redesignating paragraphs (14) through (17) as paragraphs (12) through (15), our experience with the COPS program can claim such a direct connection to respectively; proved that to be true. This unprece- job creation. The COPS Hiring Pro- (I) in paragraph (14), as so redesignated, by dented effort to put more police offi- gram actually puts more people in this striking ‘‘and’’ at the end; cers in our communities coincided with country to work. In addition to reduc- (J) in paragraph (15), as so redesignated, by significant reductions in crime during ing crime, this investment can serve as striking the period at the end and inserting the 1990s. As the number of police rose, a direct injection of money into the a semicolon; and we saw 8 consecutive years of reduc- American economy. (K) by adding at the end the following: tions in crime. Few programs can It is difficult to overstate the impor- ‘‘(16) establish and implement innovative programs to reduce and prevent illegal drug claim such a clear record of success. tance of passing the COPS Improve- manufacturing, distribution, and use, includ- Unfortunately, the success of the ment Act. Because of the success of the ing the manufacturing, distribution, and use COPS program led some to declare vic- program and the need for a renewed of methamphetamine; and tory. Beginning in 2001, funding for the commitment to it, the bill has long had ‘‘(17) award enhancing community policing COPS program came under attack. the support of every major law enforce- and crime prevention grants that meet President Bush proposed cuts to the ment group in the Nation, including emerging law enforcement needs, as war- COPS program in each of his budget re- the International Association of Chiefs ranted.’’; quests, and his proposed cuts to State of Police, the National Association of (3) by striking subsection (c); (4) by striking subsections (h) and (i); and local law enforcement programs Police Organizations, the National (5) by redesignating subsections (d) has totaled well over $1 billion in re- Sheriffs Association, the International through (g) as subsections (f) through (i), re- cent years. Despite bipartisan efforts Brotherhood of Police Organizations, spectively; in Congress to prevent those cuts, the National Organization of Black (6) by inserting after subsection (b) the fol- State and local law enforcement fund- Law Enforcement Officials, the Inter- lowing: ing has consistently declined. Ulti- national Union of Police Associations, ‘‘(c) TROOPS-TO-COPS PROGRAMS.— mately, the administration succeeded and the Fraternal Order of Police. ‘‘(1) IN GENERAL.—Grants made under sub- in eliminating the COPS Hiring Pro- These law enforcement officers put section (a) may be used to hire former mem- bers of the Armed Forces to serve as career gram in 2005. their lives on the line every day to law enforcement officers for deployment in These cuts have been felt by the peo- make our communities a safe place to community-oriented policing, particularly in ple who work every day to keep our live, and they deserve our full support. communities that are adversely affected by a communities safe, and the con- Mr. President, I ask unanimous con- recent military base closing. sequences have been real. Cities across sent that the text of the bill be printed ‘‘(2) DEFINITION.—In this subsection, the country have seen the size of their in the RECORD. ‘former member of the Armed Forces’ means police force reduced. New York has lost There being no objection, the text of a member of the Armed Forces of the United thousands of police officers in recent the bill was ordered to be printed in States who is involuntarily separated from the Armed Forces within the meaning of sec- years. Other cities have hundreds of va- the RECORD, as follows: tion 1141 of title 10, United States Code. S. 167 cancies on their forces. Years of de- ‘‘(d) COMMUNITY PROSECUTORS PROGRAM.— creases in funding have led to fewer Be it enacted by the Senate and House of Rep- The Attorney General may make grants cops on the beat and, unfortunately, resentatives of the United States of America in under subsection (a) to pay for additional increases in violent crime. Congress assembled, community prosecuting programs, including Therefore, in order to restore the SECTION 1. SHORT TITLE. programs that assign prosecutors to— safety of our neighborhoods and com- This Act may be cited as the ‘‘COPS Im- ‘‘(1) handle cases from specific geographic munities, it is imperative that we com- provements Act of 2009’’. areas; and mit ourselves to restoring funding for SEC. 2. COPS GRANT IMPROVEMENTS. ‘‘(2) address counter-terrorism problems, specific violent crime problems (including the COPS program. The COPS Improve- (a) IN GENERAL.—Section 1701 of the Omni- bus Crime Control and Safe Streets Act of intensive illegal gang, gun, and drug enforce- ment Act of 2009 would authorize $1.15 1968 (42 U.S.C. 3796dd) is amended— ment and quality of life initiatives), and lo- billion per year over 6 years for the (1) by amending subsection (a) to read as calized violent and other crime problems COPS program. It would allocate $600 follows: based on needs identified by local law en- million per year to hire officers to en- ‘‘(a) GRANT AUTHORIZATION.—The Attorney forcement agencies, community organiza- gage in community policing and as General shall carry out grant programs tions, and others. school resource officers. It also author- under which the Attorney General makes ‘‘(e) TECHNOLOGY GRANTS.—The Attorney izes $350 million per year for tech- grants to States, units of local government, General may make grants under subsection Indian tribal governments, other public and (a) to develop and use new technologies (in- nology grants. private entities, multi-jurisdictional or re- cluding interoperable communications tech- The legislation would also provide gional consortia, and individuals for the pur- nologies, modernized criminal record tech- some relief to local prosecutors, who poses described in subsections (b), (c), (d), nology, and forensic technology) to assist have also seen their ranks reduced by and (e).’’; State and local law enforcement agencies in the cuts in funding. Specifically, it in- (2) in subsection (b)— reorienting the emphasis of their activities

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from reacting to crime to preventing crime Streets Act of 1968 (42 U.S.C. 3796dd–3) is ‘‘(c) EXCEPTION.—This section shall not and to train law enforcement officers to use amended— apply to any grant made under part Q of this such technologies.’’; (1) in subsection (a), by striking ‘‘that title.’’. (7) in subsection (f), as so redesignated— would, in the absence of Federal funds re- Mrs. FEINSTEIN. Mr. President, I (A) in paragraph (1), by striking ‘‘to ceived under this part, be made available am pleased to join Senators KOHL, States, units of local government, Indian from State or local sources’’ and inserting LEAHY, and others in introducing the tribal governments, and to other public and ‘‘that the Attorney General determines private entities,’’; would, in the absence of Federal funds re- COPS Improvement Act of 2009. I am (B) in paragraph (2), by striking ‘‘define for ceived under this part, be made available for honored to join them in introducing State and local governments, and other pub- the purpose of the grant under this part from this important bill on an issue that has lic and private entities,’’ and inserting ‘‘es- State or local sources’’; and been so forcefully championed by Sen- tablish’’; (2) by striking subsection (c). ator BIDEN for so many years. (C) in the first sentence of paragraph (3), (e) ENFORCEMENT ACTIONS.— It is my sincere hope that we are en- by inserting ‘‘(including regional community (1) IN GENERAL.—Section 1706 of the Omni- tering the dawn of a new age in our ap- policing institutes)’’ after ‘‘training centers bus Crime Control and Safe Streets Act of proach to State and local law enforce- or facilities’’; and 1968 (42 U.S.C. 3796dd–5) is amended— ment funding. For the last 8 years, the (D) by adding at the end the following: (A) in the section heading, by striking Bush administration has steadily and ‘‘(4) EXCLUSIVITY.—The Office of Commu- ‘‘REVOCATION OR SUSPENSION OF FUND- drastically reduced the amount of nity Oriented Policing Services shall be the ING’’ and inserting ‘‘ENFORCEMENT AC- exclusive component of the Department of TIONS’’; and funding and programming that the Justice to perform the functions and activi- (B) by striking ‘‘revoke or suspend’’ and all Federal Government provides to State ties specified in this paragraph.’’; that follows and inserting ‘‘take any enforce- and local law enforcement. This has (8) in subsection (g), as so redesignated, by ment action available to the Department of been a huge mistake, with a cor- striking ‘‘may utilize any component’’, and Justice.’’. responding spike in the rise of violent all that follows and inserting ‘‘shall use the (2) TECHNICAL AND CONFORMING AMEND- crime in our country. Office of Community Oriented Policing Serv- MENT.—The table of contents of title I of the The need for additional funding for ices of the Department of Justice in carrying Omnibus Crime Control and Safe Streets Act state and local law enforcement out this part.’’; of 1968 (42 U.S.C. 3711) is amended by striking through the COPS program is clear. (9) in subsection (h), as so redesignated— the item relating to section 1706 and insert- (A) by striking ‘‘subsection (a)’’ the first ing the following: Over the last 5 years, our country has place that term appears and inserting ‘‘para- experienced an alarming increase in ‘‘Sec. 1706. Enforcement actions.’’. graphs (1) and (2) of subsection (b)’’; and violent crime. In 2007, the Police Exec- (B) by striking ‘‘in each fiscal year pursu- (f) DEFINITIONS.—Section 1709(1) of the Om- utive Research Forum reported that ant to subsection (a)’’ and inserting ‘‘in each nibus Crime Control and Safe Streets Act of from 2004 to 2006, homicides increased fiscal year for purposes described in para- 1968 (42 U.S.C. 3796dd–8(1)) is amended— overall by 10 percent, aggravated as- (1) by inserting ‘‘who is a sworn law en- graph (1) and (2) of subsection (b)’’; saults with guns rose 10 percent, and (10) in subsection (i), as so redesignated, by forcement officer’’ after ‘‘permanent basis’’; and robberies rose 12 percent. striking the second sentence; and This survey mirrors the FBI’s own (11) by adding at the end the following: (2) by inserting ‘‘, including officers for the ‘‘(j) RETENTION OF ADDITIONAL OFFICER PO- Amtrak Police Department’’ before the pe- statistics, which showed that violent SITIONS.—For any grant under paragraph (1) riod at the end. crime rose by 1.8 percent between 2003 or (2) of subsection (b) for hiring or rehiring (g) AUTHORIZATION OF APPROPRIATIONS.— to 2007. And this surge in the violent career law enforcement officers, a grant re- Section 1001(11) of the Omnibus Crime Con- crime rate isn’t just limited to big cit- cipient shall retain each additional law en- trol and Safe Streets Act of 1968 (42 U.S.C. ies. In February 2008, in testimony be- forcement officer position created under that 3793(11)) is amended— fore the House Judiciary Committee, grant for not less than 12 months after the (1) in subparagraph (A), by striking end of the period of that grant, unless the Attorney General Mukasey acknowl- ‘‘$1,047,119,000 for each of fiscal years 2006 edged that violent crime was increas- Attorney General waives, wholly or in part, through 2009’’ and inserting ‘‘$1,150,000,000 for the retention requirement of a program, each of fiscal years 2009 through 2014’’; and ing across all of our communities. project, or activity.’’. (2) in subparagraph (B)— Let me put these numbers in human (b) APPLICATIONS.—Section 1702 of the Om- (A) in the first sentence, by striking ‘‘3 terms. The International Association nibus Crime Control and Safe Streets Act of percent’’ and inserting ‘‘5 percent’’; and of Chiefs of Police equates the rise of 1968 (42 U.S.C. 3796dd–1) is amended— (B) by striking the second sentence and in- 2.5 percent to 31,479 more victims of (1) in subsection (c)— serting the following: ‘‘Of the funds available violent crimes in 2005. The 3.7 increase (A) in the matter preceding paragraph (1), for grants under part Q, not less than for all of 2006 means about 47,000 more by inserting ‘‘, unless waived by the Attor- $600,000,000 shall be used for grants for the ney General’’ after ‘‘under this part shall’’; Americans were victims of murder, purposes specified in section 1701(b), not robbery, assault, rape, or other violent (B) by striking paragraph (8); and more than $200,000,000 shall be used for (C) by redesignating paragraphs (9) grants under section 1701(d), and not more crimes. through (11) as paragraphs (8) through (10), than $350,000,000 shall be used for grants Unfortunately, despite these dis- respectively; and under section 1701(e).’’. turbing numbers and the Justice De- (2) by striking subsection (d). (h) PURPOSES.—Section 10002 of the Public partment’s own acknowledgement that (c) RENEWAL OF GRANTS.—Section 1703 of violent crime is increasing, over the the Omnibus Crime Control and Safe Streets Safety Partnership and Community Policing Act of 1968 (42 U.S.C. 3796dd–2) is amended to Act of 1994 (42 U.S.C. 3796dd note) is amend- last 8 years the Bush administration read as follows: ed— continually proposed drastic cuts in (1) in paragraph (4), by striking ‘‘develop- ‘‘SEC. 1703. RENEWAL OF GRANTS. the Federal assistance traditionally ment’’ and inserting ‘‘use’’; and ‘‘(a) IN GENERAL.—A grant made under this available to state and local law en- (2) in the matter following paragraph (4), part may be renewed, without limitations on forcement. by striking ‘‘for a period of 6 years’’. the duration of such renewal, to provide ad- President Bush’s proposed fiscal year (i) COPS PROGRAM IMPROVEMENTS.— ditional funds, if the Attorney General deter- 2009 budget slashed funding for State mines that the funds made available to the (1) IN GENERAL.—Section 109(b) of the Om- nibus Crime Control and Safe Streets Act of and local law enforcement at unprece- recipient were used in a manner required dented rates. After repeatedly pro- under an approved application and if the re- 1968 (42 U.S.C. 3712h(b)) is amended— cipient can demonstrate significant progress (A) by striking paragraph (1); posing to eliminate COPS hiring in achieving the objectives of the initial ap- (B) by redesignating paragraphs (2) and (3) grants, President Bush finally zeroed plication. as paragraphs (1) and (2), respectively; and out the entire COPS program for fiscal ‘‘(b) NO COST EXTENSIONS.—Notwith- (C) in paragraph (2), as so redesignated, by year 2009, replacing it with a mere $4 standing subsection (a), the Attorney Gen- inserting ‘‘, except for the program under million for a new community policing part Q of this title’’ before the period. eral may extend a grant period, without lim- grant. This is simply not acceptable itations as to the duration of such extension, (2) LAW ENFORCEMENT COMPUTER SYS- to provide additional time to complete the TEMS.—Section 107 of the Omnibus Crime and our communities are suffering be- objectives of the initial grant award.’’. Control and Safe Streets Act of 1968 (42 cause of it. (d) LIMITATION ON USE OF FUNDS.—Section U.S.C. 3712f) is amended by adding at the end During the 1990s and earlier years in 1704 of the Omnibus Crime Control and Safe the following: this decade, the federal government

VerDate Mar 15 2010 08:24 Jun 07, 2011 Jkt 079102 PO 00000 Frm 00035 Fmt 0686 Sfmt 0634 E:\BR09\S08JA9.001 S08JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 330 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 January 8, 2009 vigorously funded grant programs for safe. All we have to do is look at the alien is convicted and incarcerated for state and local law enforcement, in- rising rates of violent crime that cor- 4 consecutive days significantly under- cluding the COPS Program. We saw respond to the staggering funding cuts mines the goal of SCAAP that States real results—violent crime went down to understand how important these and localities should not bear the bur- year after year. It is no surprise that programs are for our country. den of a broken Federal immigration with the recent cuts, violent crime We must provide the necessary tools system. The actual costs of this failed rates have ticked back up. and funds to State and local law en- Federal system begin when these aliens This trend has to stop, and it is my forcement and act decisively to combat are charged with a crime, transported, hope that Congress and the incoming the nation’s growing gang problem and and incarcerated for any length of Obama administration will move to violent crime. Enacting the COPS Im- time. correct the huge damage that has been provement Act of 2009 will be a step in This narrow interpretation is even inflicted on state and local law en- the right direction. I hope my col- more devastating because SCAAP is forcement in the last eight years. The leagues will join Senator KOHL and I in consistently under-funded. The Presi- bill Senator KOHL and I introduce supporting this important legislation. dent has zeroed out SCAAP funding in today will go a long way to do that. his budget proposals for the past 7 We know what works and we can see By Mrs. FEINSTEIN (for herself, years. Through bipartisan support, the results of ignoring and under- Mr. KYL, Mrs. BOXER, Mrs. Congress was only able to partially funding proven programs. We also HUTCHISON, Mr. SCHUMER, Mr. fund the program. know that crime often rises in times of CORNYN, Mr. DURBIN, Mr. As a result, SCAAP only reimburses economic trouble. Now is not the time CRAPO, Mr. BINGAMAN, Mr. States for a fraction of the costs of in- to continue the rollbacks in state and SPECTER, Ms. CANTWELL, and carcerating criminal aliens. In 2008, the law enforcement funding initiated by Mr. MCCAIN): California State government will re- S. 168. A bill to amend the Immigra- the Bush administration. ceive approximately $118 million in tion and Nationality Act to provide for This bill will serve a dual purpose— SCAAP funding. However, it is esti- compensation to States incarcerating creating thousands of jobs in the cur- mated to cost the State approximately undocumented aliens charged with a rent economic downturn and providing $960 million each year for the incarcer- felony or 2 or more misdemeanors; to state and local law enforcement with ation of criminal aliens in California— the Committee on the Judiciary. the resources they need to successfully Mrs. FEINSTEIN. Mr. President, $842 million above the reimbursement fight crime. today the Senate Judiciary Committee amount. The State of California is Specifically, the bill would authorize held a hearing entitled ‘‘Helping State therefore only being reimbursed for ap- $1.15 billion per year for the next 6 and Local Law Enforcement During an proximately 12 percent of its actual years to fund the following: Economic Downturn.’’ Today Senator costs to incarcerate illegal criminal Police Hiring Grants: The bill au- KYL and I are introducing a bill that aliens. thorizes $600 million per year to hire up will do just that. The SCAAP Reim- This cut has had a domino effect on to 50,000 officers to work in community bursement Protection Act of 2009 will public safety funding. For every dollar policing efforts, and school resource of- help to alleviate the costs of illegal im- less that SCAAP reimburses States, a ficers to fight school violence. These migration to State and local govern- dollar less is available for critical pub- funds will create jobs in a worsening ments by broadening the State Crimi- lic safety services. For example, after economy, and can be used to retain of- nal Alien Assistance Program, SCAAP, the SCAAP funding cuts in 2003, the ficers, pay overtime costs, and reim- to ensure that States and localities are Los Angeles County Sheriff’s Depart- burse officers for training costs. eligible for reimbursement of the costs ment implemented an ‘‘early release’’ Law Enforcement Technology associated with incarcerating criminal policy for prisoners convicted of mis- Grants: The bill authorizes $350 million aliens. demeanors. per year for police departments to ob- We are joined today by Senators I believe it is the Federal Govern- tain new technology and equipment to BOXER, HUTCHINSON, SCHUMER, CORNYN, ment’s responsibility to control illegal analyze real-time crime data and inci- DURBIN, CRAPO, BINGAMAN, SPECTER, immigration. The funding cuts imposed dent reports to anticipate crime CANTWELL, and MCCAIN. by the Bush administration have let trends, map crime ‘‘hot-spots’’, exam- The burden of incarcerating criminal our local public safety services down, ine DNA evidence, and purchasing aliens weighs heavily on States, espe- and have made our communities less badly needed technology upgrades for cially during this time of economic un- safe. police on the street. certainty. California is home to ap- The SCAAP Reimbursement Protec- Community Prosecutor Grants: The proximately 32 percent of the Nation’s tion Act of 2009 is good federal policy bill authorizes $200 million per year to illegal immigrants and spent over $950 to fix a failed Federal one—so that help local district attorneys hire and million in 2008 alone to house these States are reimbursed for the full costs train more prosecutors. criminal aliens. of incarcerating aliens who are either Troops-to-Cops Program: The bill au- Understanding the expenses that charged with or convicted of a felony thorizes a troops-to-cops program to States and localities bear, Congress en- or two misdemeanors. encourage local police agencies to hire acted SCAAP in 1994 to help reimburse This policy has the support of the former military personnel who are hon- States and localities for the costs of in- National Sheriffs’ Association, Cali- orably discharged from military serv- carcerating criminal aliens. Prior to fornia State Association of Counties, ice or who are displaced by base clos- 2003, the Department of Justice inter- the U.S./Mexico Border Counties Coali- ings to allow them to continue working preted the SCAAP statute to include tion, the Virginia Sheriffs’ Association, and engaging in public service. reimbursement to States and localities the Los Angeles County Sheriff Lee The COPS Program is a time-tested that are incurring costs of incarcer- Baca, and the Sheriffs’ Association of program that has proven its effective- ating undocumented criminal aliens Texas, who have all endorsed the bill I ness for years. It is one of the corner- who have been accused or convicted of am reintroducing today. stones in the State and local law en- State and local offenses and have been Our colleagues in the House unani- forcement efforts that have removed incarcerated for a minimum of 72 mously passed this companion bill last thousands of pounds of drugs and mil- hours. After 2003, DOJ limited reim- Congress and I urge my colleagues in lions of dollars worth of drug proceeds bursement to the amount States and this chamber to join me in supporting from communities across the country. localities spend incarcerating con- this much needed amendment to the Money from the COPS Program pro- victed criminal aliens for at least 4 SCAAP statute. vides law enforcement with the offi- consecutive days. Mr. President, I ask unanimous con- cers, prosecutors and technology that Reimbursing States and localities sent that the text of the bill be printed they need to keep our communities only for the costs when a criminal in the RECORD.

VerDate Mar 15 2010 08:24 Jun 07, 2011 Jkt 079102 PO 00000 Frm 00036 Fmt 0686 Sfmt 0634 E:\BR09\S08JA9.001 S08JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 8, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 331 There being no objection, the text of that technology to work predicting lowing seafarers to better monitor the bill was ordered to be printed in these threats more accurately and, ocean conditions and providing the RECORD, as follows: when possible, mitigating their im- timelier and more accurate predictions S. 168 pacts. of potentially catastrophic weather This bipartisan, science-based bill Be it enacted by the Senate and House of Rep- and seismic phenomena. It will save resentatives of the United States of America in would authorize the National Oceanic taxpayers’ dollars by reducing the Congress assembled, and Atmospheric Administration, or emergency spending that comes in the SECTION 1. SHORT TITLE. NOAA, to coordinate an interagency wake of unanticipated storms, and it This Act may be cited as the ‘‘SCAAP Re- network of ocean observing and com- will enhance the appreciation and un- imbursement Protection Act of 2009’’. munication systems around our na- derstanding of our oceans and coastal SEC. 2. ASSISTANCE FOR STATES INCARCER- tion’s coastlines. This system would regions to benefit all Americans. ATING UNDOCUMENTED ALIENS collect instantaneous data and infor- I am very proud to introduce this CHARGED WITH CERTAIN CRIMES. mation on ocean conditions—such as bill, and I would like to thank my co- Section 241(i)(3)(A) of the Immigration and Nationality Act (8 U.S.C. 1231(i)(3)(A)) is temperature, wave height, wind speed, sponsors, Senators CANTWELL, INOUYE, amended by inserting ‘‘charged with or’’ be- currents, dissolved oxygen, salinity, ROCKEFELLER, LANDRIEU, KERRY, fore ‘‘convicted’’. contaminants, and other variables— BOXER, REED, COLLINS, and BILL NEL- that are essential to marine science SON for contributing to this legislation By Ms. SNOWE (for herself, Ms. and resource management and can be and supporting this national initiative. CANTWELL, Mr. INOUYE, Mr. used to improve maritime transpor- Of course, our current and expanding ROCKEFELLER, Ms. LANDRIEU, tation, safety, and commerce. Such ocean observation and communication Mr. KERRY, Mrs. BOXER, Mr. data would improve both short-term system would not be possible without REED, Ms. COLLINS, and Mr. forecasting that can mitigate impacts the work of dedicated professionals in NELSON of Florida): of major disasters, and prediction and the ocean and coastal science, manage- S. 171. A bill to develop and maintain scientific analysis of long-term ocean ment, and research communities—they an integrated system of coastal and and climate trends. have taken the initiative to develop ocean observations for the Nation’s My home State of Maine currently the grassroots regional observation coasts, oceans, and Great Lakes, to im- participates in an innovative partner- systems as well as contribute to this prove warnings of tsunami, hurricanes, ship known as the Gulf of Maine Ocean legislation. Thanks to their ongoing ef- El Nino events, and other natural haz- Observing System, or GoMOOS. forts, ocean observations will continue ards, to enhance homeland security, to Launched in 2001, GoMOOS takes ocean to provide a tremendous service to the support maritime operations, to im- and surface condition measurements on American public. prove management of coastal and ma- a hourly basis through a network of While my ocean observing legislation rine resources, and for other purposes; linked buoys. These data are subse- will greatly enhance our ability to ana- to the Committee on Commerce, quently made available via the lyze and disseminate oceanographic Science, and Transportation. GoMOOS website to scientists, stu- and meteorological data, we also face a Ms. SNOWE. Mr. President, I rise dents, vessel captains, fishermen, and shortfall in our Nation’s ability to ex- today to introduce the Coastal and anyone else with an interest in our plore vast regions of our undersea ter- Ocean Observation System Act of 2009 oceans. The vast geographic range and ritory. Nearly 3 years ago the U.S. and the NOAA Undersea Research Pro- frequency of measurements has led to Commission on Ocean Policy released gram Act of 2009. These bills will great- unprecedented developments in sci- its long-awaited report, which noted ly enhance our nation’s existing ocean entific analysis of ocean conditions in that approximately 95 percent of the observation and research capabilities the Gulf of Maine. It has also contrib- ocean’s floor remains uncharted terri- and drastically improve our under- uted invaluable information to our re- tory. If past experience is any indica- standing of the marine environment. gion’s assessments of fisheries, weather tion, fascinating discoveries await us Oceans cover nearly three quarters of conditions, and predictions of other in these vast unexplored areas. These the Earth’s surface, and have great in- ocean phenomena. regions are sure to include species of fluence over our lives. They shape our Unfortunately, due to recent budget marine life that are currently unknown weather and climate systems, provide cuts within NOAA, in 2008 GoMOOS to science, archaeological and histor- highways for international and domes- was forced to remove several buoys ical artifacts that can shed new light tic commerce, sustain rich living and from the water, compromising the in- on our past, and marine resources that non-living resources on which many of tegrity of the system and reducing the may support our ongoing quest for a our livelihoods are based, and provide quality of data available to system sustainable future. our nation over 95,000 miles of shore- users. The funding levels authorized in In 2004 the U.S. Ocean Policy Com- line which is the backbone of tourist this bill will ensure that this system, missioners called for enhanced, com- and recreational activities in many of which has been shown to return $6 to prehensive national programs in ocean our coastal states. Despite the con- the regional economy for every dollar exploration, undersea research, and stant, intricate interaction between invested, will continue to grow and ocean and coastal mapping. The vision our lives on land and the natural sys- provide its vital services to our mari- of the Commissioners, one that I share, tems of the ocean, we know woefully time community. is for well-funded and interdisciplinary little about the physical properties of Of course, the need to access this programs. Such programs are being led the overwhelming majority of our plan- type of information is not limited to by NOAA, with significant input from et. What lies over the horizon remains, the Gulf of Maine. In June 2006, the partners in other agencies, academia, by most accounts, a mystery. Joint Ocean Commission Initiative, and industry, but currently they lack Yet, the effects of those mysterious made up of members from the Pew formal Congressional authorization. systems can be devastating. In recent Ocean Commission and the U.S. Com- This legislation would establish those years, hurricanes, tsunamis, and other mission on Ocean Policy, presented to programs, and provide a strong founda- natural disasters have devastated re- Congress a list of the ‘‘top ten’’ actions tion upon which we can continue to ex- gions of our nation, and other parts of Congress should take to strengthen our pand the quest for knowledge to areas the world. Today, we have the tech- ocean policy regime. One of those pri- of the planet that have literally never nology to monitor a wide range of orities was ‘‘enact legislation to au- been seen by human eyes. I look for- ocean-based threats, from destructive thorize and fund the Integrated Ocean ward to seeing these efforts enhanced storms to quieter dangers such as Observing System.’’ Ocean and coastal under this legislation. harmful algal blooms and man-made observations are a cornerstone of sound I am proud to introduce this legisla- pollution. The purpose of the Coastal marine science, management, and com- tion today as well, and I thank my co- Ocean Observing System Act is to put merce. This bill will save lives by al- sponsors on this bill, Senators INOUYE,

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and ROCKEFELLER for their support. I natural systems and detect changes that (4) NATIONAL OCEANOGRAPHIC PARTNERSHIP would also like to acknowledge my could jeopardize their long term viability. PROGRAM.—The term ‘‘National Oceano- support for three other oceans bills (6) Many elements of a coastal and ocean graphic Partnership Program’’ means the observing system are in place, but require program established under section 7901 of being introduced by my colleagues si- national investment, consolidation, comple- title 10, United States Code. multaneously with these two bills: the tion, and integration among international, (5) OBSERVING SYSTEM.—The term ‘‘observ- Federal Ocean Acidification Research Federal, regional, State, and local elements. ing system’’ means the integrated coastal, and Monitoring Act, the Coastal and (7) In 2003, the United States led more than ocean, and Great Lakes observing system to Estuarine Lands Protection Act, and 50 nations in affirming the vital importance be established by the Council under section the Ocean and Coastal Mapping and In- of timely, reliable, long-term global observa- 4(a). tegration Act. All will be integral to tions as a basis for sound decision-making, (6) SECRETARY.—The term ‘‘Secretary’’ enhancing our nation’s coasts and recognizing the contribution of observation means the Secretary of Commerce, acting systems to meet national, regional, and glob- through the National Oceanic and Atmos- oceans and I am pleased to support my al needs, and calling for strengthened co- pheric Administration. colleagues’ efforts by offering my co- operation and coordination in establishing a SEC. 4. INTEGRATED COASTAL AND OCEAN OB- sponsorship of these three pieces of leg- Global Earth Observation System of Sys- SERVING SYSTEM. islation. tems, of which an integrated coastal and (a) ESTABLISHMENT.—The President, acting Mr. President, I ask unanimous con- ocean observing system is an essential part. through the Council, shall establish and sent that the text of the bill be printed (8) Protocols and reporting for observa- maintain an integrated system of coastal tions, measurements, and other data collec- and ocean observations, data communication in the RECORD. and management, analysis, modeling, re- There being no objection, the text of tion for a coastal and ocean observing sys- tem should be standardized to facilitate data search, education, and outreach designed to the bill was ordered to be printed in use and dissemination. understand current conditions and provide the RECORD, as follows: (9) Key variables, including temperature, data and information for the timely detec- S. 171 salinity, sea level, surface currents, ocean tion and prediction of changes occurring in SECTION 1. SHORT TITLE. color, nutrients, and variables, such as acid- the ocean, coastal and Great Lakes environ- This Act may be cited as the ‘‘Coastal and ity, that may indicate the occurrence and ments that impact the Nation’s social, eco- Ocean Observation System Act of 2009’’. impacts of ocean acidification, should be col- nomic, and ecological systems. The observ- lected to address a variety of informational ing system shall provide for long-term, con- SEC. 2. FINDINGS AND PURPOSES. tinuous and quality-controlled observations (a) FINDINGS.—Congress finds the fol- needs. (b) PURPOSES.—The purposes of this Act of the Nation’s coasts, oceans, and Great lowing: are to establish an integrated national sys- Lakes in order to— (1) The United States Commission on tem of ocean, coastal, and Great Lakes ob- (1) understand the effects of human activi- Ocean Policy recommends a national com- serving systems to address regional and na- ties and natural variability on and improve mitment to a sustained and integrated coast- tional needs for ocean information and to the health of the Nation’s coasts, oceans, al and ocean observing system and to coordi- provide for— and Great Lakes; nated research programs which would pro- (1) the planning, development, implemen- (2) monitor key variables including tem- vide vital information to assist the Nation tation, and maintenance of an integrated perature, salinity, sea level, surface cur- and the world in understanding, monitoring, coastal and ocean observing system that pro- rents, ocean color, nutrients, and variables, and predicting changes to the ocean and vides data and information to sustain and re- such as acidity, that may indicate the occur- coastal resources and the global climate sys- store healthy marine, coastal, and Great rence and impacts of ocean acidification; tem, enhancing homeland security, improv- Lakes ecosystems and manage the resources (3) measure, track, explain, and predict cli- ing weather and climate forecasts, strength- they support, aid marine navigation safety matic and environmental changes and pro- ening management and sustainable use of and national security, support economic de- tect human lives and livelihoods from haz- coastal and ocean resources, improving the velopment, enable advances in scientific un- ards such as tsunami, hurricanes, storm safety and efficiency of maritime operations, derstanding of the oceans and the Great surges, coastal erosion, levy breaches, and and mitigating the impacts of marine haz- Lakes, and strengthen science education and fluctuating water levels; ards. communication; (4) supply critical information to marine- (2) The continuing and potentially dev- (2) implementation of research, develop- related businesses such as marine transpor- astating threat posed by tsunami, hurri- ment, education, and outreach programs to tation, aquaculture, fisheries, and offshore canes, storm surges, and other marine haz- improve understanding of the marine envi- energy production and aid marine navigation ards requires immediate implementation of ronment and achieve the full national bene- and safety; strengthened observation and communica- fits of an integrated coastal and ocean ob- (5) support national defense and homeland tions, and data management systems to pro- serving system; security efforts; vide timely detection, assessment, and warn- (3) implementation of a data, information (6) support the sustainable use, conserva- ings and to support response strategies for management, and modeling system required tion, management, and enjoyment of healthy the millions of people living in coastal re- by all components of an integrated coastal ocean, coastal, and Great Lakes resources, gions of the United States and throughout and ocean observing system and related re- better understand the interactions of ocean the world. search to develop early warning systems to processes within the coastal zone, and sup- (3) Safeguarding homeland security, con- more effectively predict and mitigate im- port implementation and refinement of eco- ducting search and rescue operations, re- pacts of natural hazards, improve weather system-based management and restoration; sponding to natural and manmade coastal and climate forecasts, conserve healthy and (7) support the protection of critical coast- hazards (such as oil spills and harmful algal restore degraded coastal ecosystems, and en- al habitats, such as coral reefs and wetlands, blooms), and managing fisheries and other sure usefulness of data and information for and unique ecosystems and resources; coastal activities each require improved un- users; and (8) educate the public about the role and derstanding and monitoring of the Nation’s (4) establishment of a network of regional importance of the oceans, coasts, and Great waters, coastlines, ecosystems, and re- associations to operate and maintain re- Lakes in daily life; and sources, including the ability to provide gional coastal and ocean observing systems (9) support research and development to rapid response teams with real-time environ- to ensure fulfillment of national objectives ensure improvement to ocean, coastal, and mental conditions necessary for their work. at regional scales and to address State and Great Lakes observation measurements and (4) The 95,000-mile coastline of the United local needs for ocean information and data to enhance understanding of the Nation’s States, including the Great Lakes, is vital to products. ocean, coastal, and Great Lakes resources. the Nation’s prosperity, contributing over SEC. 3. DEFINITIONS. (b) SYSTEM ELEMENTS.—In order to fulfill $117 billion to the national economy in 2000, In this Act: the purposes of this Act, the observing sys- supporting jobs for more than 200 million (1) ADMINISTRATOR.—The term ‘‘Adminis- tem shall consist of the following program Americans, handling $700 billion in water- trator’’ means Administrator of the National elements: borne commerce, and supporting commercial Oceanic and Atmospheric Administration. (1) A national program to fulfill national and sport fisheries valued at more than $50 (2) COUNCIL.—The term ‘‘Council’’ means and international observation priorities. billion annually. the National Ocean Research Leadership (2) A network of regional associations to (5) Ensuring the effective implementation Council established by section 7902 of title manage the regional coastal and ocean ob- of National and State programs to protect 10, United States Code. serving and information programs that col- unique coastal and ocean habitats, such as (3) INTERAGENCY OCEAN OBSERVATION COM- lect, measure, and disseminate data and in- wetlands and coral reefs, and living marine MITTEE.—The term ‘‘Interagency Ocean Ob- formation products. resources requires a sustained program of re- servation Committee’’ means the committee (3) Data management, communication, and search and monitoring to understand these established under section 4(d). modeling systems for the timely integration

VerDate Mar 15 2010 08:24 Jun 07, 2011 Jkt 079102 PO 00000 Frm 00038 Fmt 0686 Sfmt 0634 E:\BR09\S08JA9.001 S08JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 8, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 333 and dissemination of data and information (A) prepare annual and long-term plans for established standards and protocols, by products from the national and regional sys- consideration and approval by the Council which all data collected by the observing tems. for the design and implementation of the ob- system regarding coastal waters of the (4) A research and development program serving system that promote collaboration United States are integrated and available. conducted under the guidance of the Council, among Federal agencies and regional asso- (f) REGIONAL ASSOCIATIONS OF COASTAL AND including projects under the National Ocean- ciations in developing global, national, and OCEAN OBSERVING SYSTEMS.— ographic Partnership Program, consisting of regional observing systems, including identi- (1) The Secretary shall initiate a rule- the following: fication and refinement of a core set of vari- making proceeding to establish a process for (A) Basic research to advance knowledge of ables to be measured by all systems; the certification of regional associations to coastal and ocean systems and ensure im- (B) coordinate the development of agency be responsible for the development and oper- provement of operational products, including and regional associations priorities and ation of regional coastal and ocean observing related infrastructure, observing technology, budgets to implement, operate, and maintain systems to meet the information needs of and information technology. the observing systems; user groups in the region while adhering to (B) Focused research and technology devel- (C) establish and refine standards and pro- national standards. To be certified a regional opment projects to improve understanding of tocols for data collection, management and association shall meet the certification the relationship between the coasts and communications, including quality control standards developed by the Interagency oceans and human activities. standards, in consultation with participating Ocean Observing Committee in conjunction (C) Large scale computing resources and Federal agencies and regional associations; with the regional associations and approved research to advance modeling of coastal and (D) establish a process for assuring compli- by the Council and shall— ocean processes. ance for all participating entities with the (A) demonstrate an organizational struc- (5) A coordinated outreach, education, and standards and protocols for data manage- ture capable of supporting and integrating training program that integrates and aug- ment and communications, including quality all aspects of coastal and ocean observing ments existing programs (such as the Na- control standards; and information programs within a region tional Sea Grant College Program, the Cen- (E) integrate, improve, and extend existing and that reflects broad representation from ters for Ocean Sciences Education Excel- programs and research projects, and ensure State and local government, commercial in- lence program, and the National Estuarine that regional associations are integrated terests, and other users and beneficiaries of Research Reserve System), to ensure the use into the operational observation system on a marine information; of data and information for improving public sustained basis; (B) operate under a strategic operations education and awareness of the Nation’s (F) provide for the migration of scientific and business plan that details the operation coastal and ocean environment and building and technological advances from research and support of regional coastal and ocean ob- the technical expertise required to operate and development to operational deployment; serving systems pursuant to the standards and improve the observing system. and approved by the Council; and (G) perform such duties as the Council may (c) COUNCIL FUNCTIONS.—The Council shall (C) work with governmental entities and serve as the oversight body for the design delegate. programs at all levels to identify and provide and implementation of all aspects of the ob- (4) IMPLEMENTATION.—There is established information products of the observing sys- an Interagency Program Coordinating Office. serving system. In carrying out its respon- tem for multiple users in the region to ad- The Office shall be— sibilities under this section, the Council vance outreach and education, to improve (A) located in, but is not an office of, the shall— coastal and fishery management, safe and ef- Department of Commerce; and (1) adopt plans, budgets, and standards ficient marine navigation, weather and cli- (B) staffed by employees of agencies rep- that are developed and maintained by the mate prediction, to enhance preparation for resented on the Interagency Ocean Observa- Interagency Ocean Observation Committee hurricanes, tsunami, and other natural haz- tion Committee, to facilitate the Inter- in consultation with the regional associa- ards, and other appropriate activities. agency Ocean Observation Committee’s re- tions; (2) For the purposes of this Act, employees sponsibilities for system implementation, (2) coordinate the observing system with of Federal agencies may participate in the budgeting, and administration. functions of the regional associations. other earth observing activities including (e) ROLE OF NOAA.—The National Oceanic the Global Ocean Observing System and the and Atmospheric Administration shall pro- (g) CIVIL LIABILITY.—For purposes of sec- Global Earth Observing System of Systems; vide leadership for the implementation and tion 1346(b)(1) and chapter 171 of title 28, (3) coordinate and approve programs of in- administration of the observing system, in United States Code, the Suits in Admiralty tramural and extramural research, tech- consultation with the Council, the Inter- Act (46 U.S.C. App. 741 et seq.), and the Pub- nology development, education, and out- agency Ocean Observation Committee, other lic Vessels Act (46 U.S.C. App. 781 et seq.), reach to support improvements to and the Federal agencies that maintain portions of any regional coastal and ocean observing operation of an integrated coastal and ocean the observing system and the regional asso- system that is a designated part of a re- observing system and to advance the under- ciations, and shall— gional association certified under this sec- standing of the oceans; (1) establish an Integrated Ocean Observing tion shall, with respect to tort liability aris- (4) promote development of technology and Program Office to facilitate action under the ing from the dissemination and use of the methods for improving the observing system; Administration’s leadership; data, in carrying out the purposes of this (5) support the development of institu- (2) implement a merit-based funding proc- Act, be deemed to be part of the National tional mechanisms and financial instru- ess to support the activities of regional asso- Oceanic and Atmospheric Administration, ments to further the goals of the program ciations; and any employee of such system, while op- and provide for the capitalization of the re- (3) provide opportunities for competitive erating within the scope of his or her em- quired infrastructure; contracts and grants to design, develop, inte- ployment in carrying out such purposes, (6) provide, as appropriate, support for and grate, deploy, and support ocean observation shall be deemed to be an employee of the representation on United States delegations system elements; Government. to international meetings on coastal and (4) have the authority to enter into and SEC. 5. PROCESS FOR TRANSITION FROM RE- ocean observing programs, including those perform such contracts, leases, grants, or co- SEARCH TO OPERATION. under the jurisdiction of the International operative agreements as may be necessary to The National Oceanic and Atmospheric Ad- Joint Commission involving Canadian wa- carry out the purposes of this Act and on ministration, in consultation with the Coun- ters; and such terms as the Administrator deems ap- cil, shall formulate a process by which— (7) in consultation with the Secretary of propriate; (1) funding is made available for intra- State, support coordination of relevant Fed- (5) establish efficient and effective admin- mural and extramural research on new tech- eral activities with those of other nations. istrative procedures for allocation of funds nologies for collecting data regarding coast- (d) INTERAGENCY OCEAN OBSERVATION COM- among contractors, grantees, and regional al and ocean waters of the United States; MITTEE.— associations in a timely manner, and contin- (2) such technologies are tested including— (1) ESTABLISHMENT.—The Council shall es- gent on appropriations according to the (A) accelerated research into biological tablish an Interagency Ocean Observation budget adopted by the Council; and chemical sensing techniques and sat- Committee. (6) develop and implement a process for the ellite sensors for collecting such data; and (2) RESPONSIBILITIES.—The Interagency certification and assimilation into the na- (B) developing technologies to improve all Ocean Observing Committee shall be respon- tional ocean observations network of the re- aspects of the observing system, especially sible for program planning and coordination gional associations and their periodic review the timeliness and accuracy of its predictive of the implementation of the observing sys- and recertification and certify regional asso- models and the usefulness of its information tem. ciations that meet the requirements of sub- products; and (3) DUTIES.—The Interagency Ocean Ob- section (f); and (3) funding is made available and a plan is serving Committee shall report to the Coun- (7) develop a data management and com- developed and executed to transition tech- cil and shall— munication system, in accordance with the nology that has been demonstrated to be

VerDate Mar 15 2010 08:24 Jun 07, 2011 Jkt 079102 PO 00000 Frm 00039 Fmt 0686 Sfmt 0634 E:\BR09\S08JA9.001 S08JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 334 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 January 8, 2009 useful for the observing system is incor- Commerce, Science, and Transpor- nication among experts and other stake- porated into use by the observing system. tation. holders in order to enhance the scientific and SEC. 6. INTERAGENCY FINANCING. Ms. SNOWE. Mr. President, I ask technical expertise and relevance of the na- The departments and agencies represented unanimous consent that the text of the tional program. on the Council are authorized to participate (b) DONATIONS.—The Administrator may bill be printed in the RECORD. in interagency financing and share, transfer, There being no objection, the text of accept donations of property, data, and receive, obligate, and expend funds appro- equipment to be applied for the purpose of priated to any member of the Council for the the bill was ordered to be printed in exploring the oceans or increasing knowl- purposes of carrying out any administrative the RECORD, as follows: edge of the oceans. or programmatic project or activity under S. 172 SEC. 104. OCEAN EXPLORATION AND UNDERSEA this Act or under the National Oceano- Be it enacted by the Senate and House of Rep- RESEARCH TECHNOLOGY AND IN- graphic Partnership Program, including sup- resentatives of the United States of America in FRASTRUCTURE TASK FORCE. port for the Interagency Oceans Observation Congress assembled, (a) IN GENERAL.— The Administrator of the Committee, a common infrastructure, and SECTION 1. SHORT TITLE. National Oceanic and Atmospheric Adminis- system integration for a coastal and ocean This Act may be cited as the ‘‘NOAA Ocean tration, in coordination with the National observing system. Funds may be transferred Exploration and Undersea Research Program Science Foundation, the National Aero- among such departments and agencies Act of 2009’’. nautics and Space Administration, the through an appropriate instrument that TITLE I—OCEAN EXPLORATION United States Geological Survey, the De- specifies the goods, services, or space being partment of the Navy, the Mineral Manage- SEC. 101. PURPOSE. acquired from another Council member and ment Service, and relevant governmental, The purpose of this title is to establish the the costs of the same. non-governmental, academic, industry, and national ocean exploration program and the SEC. 7. APPLICATION WITH OTHER LAWS. other experts, shall convene an ocean explo- national undersea research program within Nothing in this Act supersedes or limits ration and undersea research technology and the National Oceanic and Atmospheric Ad- the authority of any agency to carry out its infrastructure task force to develop and im- ministration. responsibilities and missions under other plement a strategy— laws. SEC. 102. PROGRAM ESTABLISHED. (1) to facilitate transfer of new exploration SEC. 8. AUTHORIZATION OF APPROPRIATIONS. The Administrator of the National Oceanic and undersea research technology to the pro- There are authorized to be appropriated to and Atmospheric Administration shall, in grams authorized under this Act; the National Oceanic and Atmospheric Ad- consultation with the National Science (2) to improve availability of communica- ministration for the implementation of this Foundation and other appropriate Federal tions infrastructure, including satellite ca- Act, $150,000,000 for each of fiscal years 2009 agencies, establish a coordinated national pabilities, to such programs; through 2011 and $175,000,000 for each of fiscal ocean exploration program within the Na- (3) to develop an integrated, workable, and years 2012 and 2013. At least 50 percent of tional Oceanic and Atmospheric Administra- comprehensive data management informa- these sums shall be allocated to the regional tion that promotes collaboration with other tion processing system that will make infor- associations certified under section 4(f) for Federal ocean and undersea research and ex- mation on unique and significant features implementation of regional coastal and ploration programs. To the extent appro- obtained by such programs available for re- ocean observing systems. priate, the Administrator shall seek to fa- search and management purposes; SEC. 9. IMPLEMENTATION PLAN. cilitate coordination of data and information (4) to conduct public outreach activities Not later than 12 months after the date of management systems, outreach and edu- that improve the public understanding of the enactment of this Act, the Secretary cation programs to improve public under- ocean science, resources, and processes, in shall submit to the Congress and the Council standing of ocean and coastal resources, and conjunction with relevant programs of the a plan for implementation of this Act, in- development and transfer of technologies to National Oceanic and Atmospheric Adminis- cluding for— facilitate ocean and undersea research and tration, the National Science Foundation, (1) coordinating activities of the Secretary exploration. and other agencies; and under this Act with other Federal agencies; SEC. 103. POWERS AND DUTIES OF THE ADMINIS- (5) to encourage cost-sharing partnerships and TRATOR. with governmental and nongovernmental en- (2) distributing, to regional associations, (a) IN GENERAL.—In carrying out the pro- tities that will assist in transferring explo- funds available to carry out this Act. gram authorized by section 102, the Adminis- ration and undersea research technology and trator of the National Oceanic and Atmos- SEC. 10. REPORT TO CONGRESS. technical expertise to the programs. pheric Administration shall— (a) REQUIREMENT.—Not later than 2 years (b) BUDGET COORDINATION.—The task force (1) conduct interdisciplinary voyages or after the date of the enactment of this Act shall coordinate the development of agency other scientific activities in conjunction and every 2 years thereafter, the Adminis- budgets and identify the items in their an- with other Federal agencies or academic or trator shall prepare and the President acting nual budget that support the activities iden- educational institutions, to explore and sur- through the Council shall approve and trans- tified in the strategy developed under sub- vey little known areas of the marine envi- mit to the Congress a report on progress section (a). made in implementing this Act. ronment, inventory, observe, and assess liv- ing and nonliving marine resources, and re- SEC. 105. OCEAN EXPLORATION ADVISORY (b) CONTENTS.—The report shall include the BOARD. following: port such findings; (a) ESTABLISHMENT.—The Administrator of (1) A description of activities carried out (2) give priority attention to deep ocean re- the National Oceanic and Atmospheric Ad- under the implementation plan and this Act. gions, with a focus on deep water marine sys- ministration shall appoint an Ocean Explo- (2) An evaluation of the effectiveness of the tems that hold potential for important sci- ration Advisory Board composed of experts observing system. entific discoveries, such as hydrothermal in relevant fields— (3) Benefits of the program to users of data vent communities and seamounts; (1) to advise the Administrator on priority products resulting from the observing sys- (3) conduct scientific voyages to locate, de- areas for survey and discovery; tem (including the general public, industry, fine, and document historic shipwrecks, sub- (2) to assist the program in the develop- scientists, resource managers, emergency re- merged sites, and other ocean exploration ment of a 5-year strategic plan for the fields sponders, policy makers, and educators). activities that combine archaeology and of ocean, marine, and Great Lakes science, (4) Recommendations concerning— oceanographic sciences; exploration, and discovery; (A) modifications to the observing system; (4) develop and implement, in consultation (3) to annually review the quality and ef- and with the National Science Foundation, a fectiveness of the proposal review process es- (B) funding levels for the observing system transparent, competitive process for merit- tablished under section 103(a)(4); and in subsequent fiscal years. based peer-review and approval of proposals (4) to provide other assistance and advice (5) The results of a periodic external inde- for activities to be conducted under this pro- as requested by the Administrator. pendent programmatic audit of the observing gram, taking into consideration advice of (b) FEDERAL ADVISORY COMMITTEE ACT.— system. the Board established under section 105; (5) enhance the technical capability of the Section 14 of the Federal Advisory Com- By Ms. SNOWE (for herself, Mr. United States marine science community by mittee Act (5 U.S.C. App.) shall not apply to promoting the development of improved the Board appointed under subsection (a). INOUYE, and Mr. ROCKEFELLER): S. 172. A bill to establish a coordi- oceanographic research, communication, (c) APPLICATION WITH OUTER CONTINENTAL navigation, and data collection systems, as SHELF LANDS ACT.—Nothing in this title su- nated national ocean exploration pro- well as underwater platforms and sensor and persedes, or limits the authority of the Sec- gram within the National Oceanic and autonomous vehicles; and retary of the Interior under the Outer Conti- Atmospheric Administration, and for (6) establish an ocean exploration forum to nental Shelf Lands Act (43 U.S.C. 1331 et other purposes; to the Committee on encourage partnerships and promote commu- seq.).

VerDate Mar 15 2010 08:24 Jun 07, 2011 Jkt 079102 PO 00000 Frm 00040 Fmt 0686 Sfmt 0634 E:\BR09\S08JA9.001 S08JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 8, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 335 SEC. 106. AUTHORIZATION OF APPROPRIATIONS. Atmospheric Administration’s research mis- gional centers and 50 percent shall be for There are authorized to be appropriated to sion and programs. East Coast regional centers; and the National Oceanic and Atmospheric Ad- (3) Undersea science-based education and (B) $8,859,000 for the National Technology ministration to carry out this title— outreach programs to enrich ocean science Institute; and (1) $33,550,000 for fiscal year 2009; education and public awareness of the oceans (7) for fiscal year 2015— (2) $36,905,000 for fiscal year 2010; and Great Lakes. (A) $24,359,000 for the regional centers, of (3) $40,596,000 for fiscal year 2011; (4) Development, testing, and transition of which 50 percent shall be for West Coast re- (4) $44,655,000 for fiscal year 2012; advanced undersea technology associated gional centers and 50 percent shall be for (5) $49,121,000 for fiscal year 2013; with ocean observatories, submersibles, ad- East Coast regional centers; and (6) $54,033,000 for fiscal year 2014; and vanced diving technologies, remotely oper- (B) $9,744,000 for the National Technology (7) $59,436,000 for fiscal year 2015. ated vehicles, autonomous underwater vehi- Institute. TITLE II—UNDERSEA RESEARCH cles, and new sampling and sensing tech- PROGRAM nologies. By Mr. FEINGOLD: (5) Discovery, study, and development of SEC. 201. PROGRAM ESTABLISHED. S. 175. A bill to evaluate certain natural resources and products from ocean, (a) IN GENERAL.—The Administrator of the skills certification programs, and for coastal, and aquatic systems. National Oceanic and Atmospheric Adminis- other purposes; to the Committee on (b) OPERATIONS.—The Director of the pro- tration shall establish and maintain an un- gram, through operation of the extramural Health, Education, Labor, and Pen- dersea research program and shall designate regional centers and the National Institute sions. a Director of that program. for Undersea Science and Technology, shall Mr. FEINGOLD. Mr. President, today (b) PURPOSE.—The purpose of the program leverage partnerships and cooperative re- I introduce a straight-forward bill that is to increase scientific knowledge essential search with academia and private industry. for the informed management, use, and pres- is a first step toward helping American SEC. 205. COMPETITIVENESS. ervation of oceanic, marine, and coastal workers and businesses. This bill is (a) DISCRETIONARY FUND.—The Program areas and the Great Lakes. part of my E–4 Initiative, which fo- shall allocate no more than 10 percent of its cuses on issues affecting the economy, SEC. 202. POWERS OF PROGRAM DIRECTOR. annual budget to a discretionary fund that The Director of the program, in carrying may be used only for program administra- energy, education and employment. out the program, shall— tion and priority undersea research projects The Skills Standards Certification (1) cooperate with institutions of higher identified by the Director but not covered by Evaluation Act will require the Secre- education and other educational marine and funding available from centers. taries of Labor, Education and Com- ocean science organizations, and shall make (b) COMPETITIVE SELECTION.—The Adminis- merce to evaluate skills standards cer- available undersea research facilities, equip- trator shall conduct an initial competition tification programs that have been de- ment, technologies, information, and exper- to select the regional centers that will par- veloped with federal funding. tise to support undersea research efforts by ticipate in the program 90 days after the these organizations; publication of the final program direction Skills Standards Certifications have (2) enter into partnerships, as appropriate under section 203 and every 5 years there- emerged over the past two decades in and using existing authorities, with the pri- after. Funding for projects conducted response to job growth in high-tech- vate sector to achieve the goals of the pro- through the regional centers shall be award- nology and varied industries. The gram and to promote technological advance- ed through a competitive, merit-reviewed training or classes usually take weeks ment of the marine industry; and process on the basis of their relevance to the or months, rather than years. Often, (3) coordinate the development of agency goals of the program and their technical fea- they are developed in response to the budgets and identify the items in their an- sibility. nual budget that support the activities de- needs of one industry or even one com- SEC. 206. AUTHORIZATION OF APPROPRIATIONS. pany, though the skills are often appli- scribed in paragraphs (1) and (2). There are authorized to be appropriated to SEC. 203. ADMINISTRATIVE STRUCTURE. the National Oceanic and Atmospheric Ad- cable more widely. (a) IN GENERAL.—The program shall be con- ministration to carry out this title— As the President-elect and Congress ducted through a national headquarters, a (1) for fiscal year 2009— work to save and create jobs through network of extramural regional undersea re- (A) $13,750,000 for the regional centers, of additional funding for infrastructure, search centers that represent all relevant which 50 percent shall be for West Coast re- green jobs, and similar programs, National Oceanic and Atmospheric Adminis- gional centers and 50 percent shall be for among other things, it is even more tration regions, and the National Institute East Coast regional centers; and critical that employers be able to find for Undersea Science and Technology. (B) $5,500,000 for the National Technology qualified workers for a variety of posi- (b) DIRECTION.—The Director shall develop Institute; the overall direction of the program in co- (2) for fiscal year 2010— tions. Workers who can easily dem- ordination with a Council of Center Direc- (A) $15,125,000 for the regional centers, of onstrate their skills quickly and easily tors comprised of the directors of the extra- which 50 percent shall be for West Coast re- will be able to benefit from such in- mural regional centers and the National In- gional centers and 50 percent shall be for vestments early on. stitute for Undersea Science and Tech- East Coast regional centers; and Over the past two decades, the Fed- nology. The Director shall publish a draft (B) $6,050,000 for the National Technology eral Government has taken conflicting program direction document not later than 1 Institute; approaches to skills standards certifi- year after the date of enactment of this Act (3) for fiscal year 2011— cations. That is why, as part of the in the Federal Register for a public comment (A) $16,638,000 for the regional centers, of period of not less than 120 days. The Director which 50 percent shall be for West Coast re- Skills Standards Certification Evalua- shall publish a final program direction, in- gional centers and 50 percent shall be for tion Act, I require a recommendation cluding responses to the comments received East Coast regional centers; and from the Secretaries of Labor and Com- during the public comment period, in the (B) $6,655,000 for the National Technology merce on how Congress ought to move Federal Register within 90 days after the Institute; forward with funding for these certifi- close of the comment period. The program (4) for fiscal year 2012— cation programs. Both the national, director shall update the program direction, (A) $18,301,000 for the regional centers, of top-down, and a local, bottom-up ap- with opportunity for public comment, at which 50 percent shall be for West Coast re- proach have been tried, and a thorough least every 5 years. gional centers and 50 percent shall be for evaluation will make clear how we can SEC. 204. RESEARCH, EXPLORATION, EDUCATION East Coast regional centers; and AND TECHNOLOGY PROGRAMS. (B) $7,321,000 for the National Technology move forward to get the most out of (a) IN GENERAL.—The following research, Institute; the funding the Federal Government exploration, education, and technology pro- (5) for fiscal year 2013— provides. grams shall be conducted through the net- (A) $20,131,000 for the regional centers, of These certifications have a tremen- work of regional centers and the National In- which 50 percent shall be for West Coast re- dous benefit for workers. First, because stitute for Undersea Science and Tech- gional centers and 50 percent shall be for the training is often condensed into a nology: East Coast regional centers; and few weeks with a flexible schedule, it (1) Core research and exploration based on (B) $8,053,000 for the National Technology national and regional undersea research pri- Institute; allows people to complete certifi- orities. (6) for fiscal year 2014— cations without leaving a current job (2) Advanced undersea technology develop- (A) $22,145,000 for the regional centers, of and without the financial cost of at- ment to support the National Oceanic and which 50 percent shall be for West Coast re- tending a full-time program that lasts

VerDate Mar 15 2010 08:24 Jun 07, 2011 Jkt 079102 PO 00000 Frm 00041 Fmt 0686 Sfmt 0634 E:\BR09\S08JA9.001 S08JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 336 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 January 8, 2009 a year or more. In addition, these pro- In addition to supporting transpor- been found to be fairly effective, there grams allow workers to clearly dem- tation-related jobs, linking workers are some details that have prevented onstrate a certain set of skills, and and businesses that need them can also the program from reaching its full po- may open more doors for higher-paying be an important part of a more com- tential. Working closely with transpor- employment. Because these programs prehensive job creation strategy. This tation officials in Wisconsin and par- can be completed without leaving can mean supporting a robust public tially based on recommendations from work, they also allow workers to ad- transportation system or more specific the UIC study, I’ve come up with some vance within a career or company to programs designed to link low-income specific ideas to improve the program. more skilled positions and better wages individuals with jobs. I have consist- With a proven effective program and and benefits. ently done the former by supporting continuing unmet needs by employers For employers, Skills Standards Cer- public transportation during consider- and low-income individuals seeking tifications can simplify the search for ation of the highway bill and Amtrak employment, JARC could use a boost employees. I have heard from numer- reauthorizations. But my specific pro- in funding. So that is why my proposal ous Wisconsin employers, especially posal today focuses on the latter and ramps up funding by $100 million over 5 small businesses with limited re- improving the Job Access and Reverse years from the current funding of $165 sources, that it is hard to find employ- Commute, JARC, program that links million to $265 million in fiscal year ees with the skills they need, or who low-income workers with employers. 2014. will be dedicated and loyal. Skills I have heard good things about the My proposal would also allow the Standards Certifications clearly show JARC program and was glad that it Federal share of projects to increase to the qualification of an individual, of was shifted away from earmarks and 80 percent from the current 50 percent course, but also tell the employer that was made available as a combination level for operating expenses. The 50 he or she is dedicated enough to invest formula and competitively awarded percent local and State match wasn’t in the course to earn the certificate. program in the last highway bill. The feasible for far too many local govern- Very few people will spend the time primary program goal is to locally as- ments in Wisconsin and as a result Wis- and money to enroll in such a program sess the transportation needs of low-in- consin has not been able to spend all its Federal funds. The higher Federal if they don’t intend to use the certifi- come workers and then plan and fund cost share will better balance the need cate. programs to help alleviate transpor- to leverage Federal funds, while ensur- Lastly, these programs can help state tation-related barriers to employment ing that these critical funds are fully and local governments quantify their or better employment. While initially utilized—millions of dollars in an ac- skilled workforce, which can be invalu- this may have been viewed as a way to count does nothing to link people to able when marketing the area to busi- support reverse commute projects whereby transit routes were estab- jobs. nesses and investment. Besides the challenge in coming up lished to allow city center residents to This bill is a small first step in what with a 50 percent local cost share, the access jobs in the suburbs, the program I hope can be a continuing effort to other main issue that has kept JARC actually does much more than just this help hard-working Americans obtain from being as effective as it could be is and provides reliable transportation to and use high-demand work skills. the paperwork and reporting burden re- low-income urban, rural and suburban quired by the program, especially for By Mr. FEINGOLD: workers. the small nonprofit groups that often S. 176. A bill to improve the job ac- In Wisconsin, the Federal JARC pro- have never dealt with Federal grant re- cess and reverse commute program, gram is jointly administered by the quirements before. My proposal directs and for other purposes; to the Com- State departments of transportation the Federal Transit Agency, FTA, to mittee on Banking, Housing, and and workforce development as the Wis- examine the current reporting require- Urban Affairs. consin Employment Transportation ments to see if there are ways to Mr. FEINGOLD. Mr. President, today Assistance Program, WETAP. Accord- streamline the amount of paperwork I reintroduce a piece of my E4 initia- ing to the Wisconsin Department of required while still ensuring that the tive, so named because it is a collec- Transportation, transportation bar- program goals are met. tion of proposals that address issues riers can include a lack of a dependable My bill also includes a pilot program important to the economy, education, vehicle or bus service in the area, an funded at $10 million a year for 5 years employment and energy. This piece of absence of local jobs, or childcare in order to test a few areas that seem the E4 legislation focuses on the impor- transportation problems. The State very promising, but should be evalu- tant supporting role that transpor- agencies in Wisconsin have found sev- ated more fully before broader imple- tation can play in economic develop- eral different types of projects to be ef- mentation. The first portion of the ment by creating an environment fective depending on the local cir- pilot program builds off the regulatory where employers and those seeking em- cumstances. These projects have in- streamlining evaluation and allows the ployment or better employment are cluded the traditional public transit FTA to test streamlined reporting re- connected together. Having such a sys- projects such as extending bus lines or quirements to help get the balance be- tem to overcome transportation hur- supporting van-pooling, along with tween oversight and administrative dles can benefit both employers and other programs such as providing cars burden right. employees, as well as the local econ- or car repairs to low-income individ- The second part of the pilot program omy and is all the more important in uals. Wisconsin has even found that as- focuses on improving education- and these difficult economic times. sisting with indirect barriers such as employment-related transportation for In more general terms, investing in transportation of children to and from teens and young adults. Enabling stu- our infrastructure like roads, bridges childcare facilities is critical in allow- dents and young people to reliably get and transit systems can have direct job ing some individuals to improve their between their high schools or neighbor- creation impacts. This is one reason I job prospects. hoods and technical colleges, job train- have fought hard with the rest of the A recent University of Illinois Chi- ing centers or apprenticeships can have delegation for a fair rate of return for cago, UIC, study found that the soci- a lifelong positive impact. Wisconsin from the highway bill. It is etal benefits from this program are The third section of the pilot pro- also why in a letter I sent to President- $1.65 per dollar spent and estimates gram would allow experimentation elect Obama and Senate leaders I in- lifetime benefits to low income partici- with combining different transit pro- cluded highway and transit projects as pants of $15 per dollar spent due to grams and integrating JARC projects part of a variety of ready-to-go infra- their ability to find and retain better across local political boundaries to structure projects that should be in- paying jobs. While the goals of the Job provide a more comprehensive local cluded in the forthcoming economic re- Access and Reverse Commute program transportation system. Instead of hav- covery program. are important and the program has ing one transit program to assist the

VerDate Mar 15 2010 08:24 Jun 07, 2011 Jkt 079102 PO 00000 Frm 00042 Fmt 0686 Sfmt 0634 E:\BR09\S08JA9.001 S08JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 8, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 337 disabled, one targeted toward the el- both sides of the aisle. But it is essen- awards from $100,000 to $300,000 and derly and another focused on jobs, this tial that our efforts not just be short phase II awards from $750,000 to $2.2 pilot program would encourage funding term fixes—they must not only aim to million. Third, it identifies specific combined applications to meet these create jobs and investment opportuni- funding priorities for energy innova- needs together with one comprehensive ties in the short term, they must be tion; safe and secure water; domestic project. There is even the potential for part of strategic efforts to strengthen security; and transportation. the Department of Transportation to our Nation’s innovation capabilities The SBIR program is tested, success- further coordinate with other depart- and sustain long term economic devel- ful and worthy of extension. In its com- ments such as Health and Human Serv- opment in a changing and competitive prehensive study of the SBIR program, ices for healthcare-related transpor- global environment. There is no better the National Research Council found tation. Similarly, the needs of employ- way to do this than by stimulating and that the program ‘‘is sound in concept ers for employees do not recognize supporting small business innovation, and effective in practice’’; was ‘‘stimu- local political boundaries, so encour- especially in areas of national priority. lating technological innovation’’; aging greater collaboration between As part of this effort, today I am intro- ‘‘linking universities to the public and local entities to make a more robust ducing the Strengthening Our Econ- private markets’’; ‘‘increasing private interconnected system should ulti- omy Through Small Business Innova- sector commercialization of innova- mately provide more efficient and ef- tion Act of 2009. tions’’ at an ‘‘impressive’’ rate; and fective service. Job growth, innovation and economic ‘‘providing widely distributed support While the FTA already provides some development are driven by our small for innovation activity.’’ The study technical assistance for the JARC pro- businesses. Small businesses also tend concluded that: gram, my proposal provides a small to be based in our cities and commu- [T]he program is proving effective in meet- boost in funding and some additional nities and so they are major contribu- ing Congressional objectives. It is increasing areas of emphasis. For example, after tors to our local economies. Half of our innovation, encouraging participation by hearing about the struggles that some county’s payroll jobs and most of our small companies in R&D, providing support for small firms owned by minorities and small nonprofits have with the report- new job opportunities are provided by women, and resolving research questions for ing requirements, in addition to look- small businesses. Small businesses are mission agencies in a cost effective manner. ing for ways to streamline the require- proven innovators and drive commer- Should the Congress wish to provide addi- ments, my proposal would direct the cialization of cutting edge tech- tional funds for the program in support of FTA to also provide some technical as- nologies. Not only are small businesses these objectives, those funds could be em- sistance especially targeted to this our major source of employment, they ployed effectively by the nation’s SBIR. need. employ about one third of our coun- The NRC’s study also found that uni- The final element of my proposal is try’s scientists and engineers and gen- versities and other non-profit research the offset. The new spending author- erate more patents on a per capita institutions would benefit significantly ized in the proposal is fully offset by basis than large businesses and univer- from the increase in both the SBIR and rescinding highway and bridge ear- sities. They also are effective partners the STTR programs. In particular, the marks that have not had funds spent with universities to enhance product STTR allocation increase will directly from them despite being authorized creation, develop university income benefit universities and efforts to bring over a decade ago as part of the TEA– and attract university graduates and university-based research into the 21 highway bill. Helping connect work- faculty through increased innovative commercial marketplace, as a partner- ers and employers is a much better use job opportunities. ship with a non-profit research institu- of these funds than letting them sit un- Over the last 25 years, through the tion, such as a university, is a require- used in some obscure DOT account. Small Business Innovation and Re- ment of all STTR award recipients. Providing reliable transportation to search program, SBIR, and, more re- Many of the small businesses that re- low-income individuals only goes so cently, the Small Business Technology ceive SBIR funding are rooted in the far—it is the companies and innovators Transfer program, STTR, up to 2.5 per- university infrastructure so investiga- creating the jobs and the individuals cent and 0.3 percent, respectively, of tors and graduates from universities seeking to better their lot through edu- Federal R&D funds from 11 Federal will have opportunities to be part of cation or more challenging employ- agencies have been specifically allo- commercial developments. More than ment, that are doing the heavy lifting. cated to our Nation’s small businesses two-thirds of SBIR companies report That being said, transportation can to fund innovation. These small busi- that at least one founder was pre- clearly be a challenge for companies ness allocations are not sufficient. We viously an academic. About one-third and workers and in the case of the must diversify and strengthen innova- of SBIR company founders were most JARC program can play an important tion capabilities and our economic recently employed as academics before supporting role. base, and to accomplish this we must founding the company. Over a third of extend and increase R&D allocations to SBIR projects cite direct university in- By Mr. FEINGOLD: our Nation’s innovative small busi- volvement with 27 percent of projects S. 177. A bill to amend the Small nesses. having university faculty as contrac- Business Act to extend the Small Busi- My bill does 3 things. First, it ex- tors on the project, 17 percent using ness Innovation Research and Small tends the SBIR and STTR programs for universities themselves as subcontrac- Business Technology Transfer pro- a further 14 years so that small busi- tors, and 15 percent employing grad- grams, to increase the allocation of nesses, as well as universities and non- uate students. Federal agency grants for these pro- profit research organizations that col- In its report accompanying reauthor- grams, to add water, energy, transpor- laborate with small businesses, can ization legislation, the Senate Small tation, and domestic security related continue to leverage Federal research Business and Entrepreneurship Com- research to the list of topics deserving and development funding. mittee recently concluded that: special consideration, and for other Second, it significantly increases the increases in the SBIR allocation will invest purposes; to the Committee on Small allocation of funds and the awards money in research, contracting, internships, Business and Entrepreneurship. from large Federal research and devel- and other collaborative activities done with Mr. FEINGOLD. Mr. President, we opment budgets to small businesses universities, with the contracting and pat- are all aware of the serious challenges through the SBIR and STTR programs. enting activities with SBIR companies being our economy faces in the short term It would increase the SBIR allocation a sizable source of revenue for universities as well. The university-industry partnerships and the urgency of our need to promote from its current 2.5 percent to 10 per- that SBIR creates are crucial in that they job creation and economic develop- cent and the STTR allocation from 0.3 provide an applied research and commer- ment. I am committed to engaging in percent to 1.0 percent over a 3-year pe- cialization focus that otherwise likely would this broad effort with my colleagues on riod. It would increase SBIR phase I not be present in university research. More

VerDate Mar 15 2010 08:24 Jun 07, 2011 Jkt 079102 PO 00000 Frm 00043 Fmt 0686 Sfmt 0634 E:\BR09\S08JA9.001 S08JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 338 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 January 8, 2009 specifically, the partnerships are important education initiative is designed to help released in 2008 by the Editorial in exposing faculty and the next generation prepare America’s students for future Projects in Education Research Center, of scientists and engineers to commercial re- success in the workforce and post-sec- the Milwaukee Public Schools has a search and development. SBIR businesses ondary education as well as enhance provide graduate and undergraduate stu- graduation rate of 46.1 percent. Unfor- dents with hands-on experience and job op- America’s competitiveness in the glob- tunately, there are at least a dozen portunities that universities would be unable al economy as we prepare to enter the large urban districts that have even to provide alone. second decade of the twenty-first cen- lower graduation rates than Mil- Our country not only faces imme- tury. waukee. diate economic and employment chal- Helping to ensure that all American One of our top education priorities as lenges, it faces major challenges in students have access to a high-quality a Nation must be to address the low transportation, energy, domestic secu- education is critical to boosting Amer- graduation rates nationwide in urban, rity and water quality and safety. Tar- ica’s competitiveness and helping to suburban, and rural school districts. geted research and development will be ensure that our country is better We must also work to close the huge critical. Congress, with non-partisan equipped to respond to the economic opportunity gap that is created by the expert guidance, has a role to play in challenges currently before us. Invest- large disparity in graduation rates be- guiding our national research and de- ment in our young people now will pay tween our minority and non-minority velopment priorities and, in this case, off in the future when these individuals students as well as between low-income stimulating small business innovation are better prepared to compete for the and more affluent students. Solving and job creation in specific areas of highly skilled jobs of tomorrow. If the this problem will require a broad, com- critical national need. The National United States is to remain competitive prehensive solution involving the fed- Academies of Science and other inde- on an international stage and continue eral, state and local governments. It is pendent government research organiza- to lead the world in innovation and de- my hope that when Congress finally re- tions provide us with carefully re- velopment, we need to make certain authorizes the Elementary and Sec- searched and considered recommenda- that our young people are well pre- ondary Education Act, we pay par- tions on how we can address these pri- pared to meet current and future eco- ticular attention to the needs of our orities, so my bill draws on their rec- nomic challenges. nation’s high schools and our students. Improving educational opportunities ommendations to develop innovative While many factors contribute to in the United States is going to require energy technologies; enhance water high dropout rates, disengagement a comprehensive set of policy strate- quality and security; strengthen do- from classroom instruction can con- gies and I look forward to working mestic security; and address transpor- tribute to a student’s decision to drop with my colleagues in Congress this tation priorities. This is not only a out. Some students feel that high year as we get to work on a variety of good investment in short term job cre- school is not relevant to their lives and education issues including expanding ation; it is an imperative investment in do not see how completing high school access to education from pre-K through our Nation’s long term innovation will translate into future career and college. We also face the monumental prospects and economic development. academic success. In this increasingly The costs of my bill would be fully task of reauthorizing and reforming competitive twenty-first century where offset by cancellation of the airborne the Elementary and Secondary Edu- postsecondary education is now re- laser program. CBO estimates that can- cation Act, ESEA, better known as No quired for many entry-level jobs, it is celling that program will produce sav- Child Left Behind, NCLB. As we con- up to us to show our nation’s students ings of over $2.6 billion. sider the ESEA reauthorization, we why it is so important that they grad- should make substantial changes to uate from high school. By Mr. FEINGOLD: the testing mandates that were im- Another issue that this bill seeks to S. 178. A bill to amend the Elemen- posed through NCLB and provide sup- address is the growing sense among tary and Secondary Education Act of port to states that develop smarter ac- employers and postsecondary institu- 1965 to authorize a connecting edu- countability systems with enhanced as- tions that our nation’s high school stu- cation and emerging professions dem- sessments that measure higher-order dents who do graduate are unprepared onstration grant program; to the Com- thinking skills among students. We for success either in the workforce or mittee on Health, Education, Labor, also need to look at ways to strengthen in college. Employers in various eco- and Pensions. and reform our Nation’s public sec- nomic sectors, including technology, Mr. FEINGOLD. Mr. President, as the ondary schools as part of the ESEA re- manufacturing, health care, construc- 111th Congress begins, I am reintro- authorization. The legislation I am in- tion, and others, report difficulty in ducing a number of different bills de- troducing today is designed to help identifying qualified candidates for signed to fuel job creation and spur support innovative changes that are skilled positions. Recent surveys also economic development. My initiative, taking place in some of our Nation’s indicate that many employers are dis- dubbed E4 because of its focus on econ- high schools and help even more States satisfied with the overall preparation omy, employment, education, and en- and local communities make improve- of secondary school graduates. In order ergy, seeks to respond to economic and ments to their local high schools. for companies in the United States to job development needs both in my My CEEP bill seeks to address a cou- be competitive in a global economy, we State of Wisconsin and around the ple of interrelated issues related to sec- must have a highly skilled workforce. country. These challenging economic ondary education. The first issue is the Adequate preparation at the high times call for a comprehensive set of alarmingly high dropout rate in our school level can help prepare students solutions including providing new job nation’s high schools. While numbers for entry into our rapidly changing training opportunities for workers, fos- vary slightly, a growing body of re- global economy where new emerging tering innovation among small busi- search indicates that the United States industries are cropping up in Wisconsin nesses, protecting the existing family- has a graduation rate of approximately and around the country. supporting jobs in our nation, and 70 percent and that about one-third of To address these two interrelated boosting educational opportunities for our country’s high school students will issues, my bill would provide 5-year young Americans. Today I am intro- not graduate on time. Graduation rates competitive education grants to states ducing the Connecting Education and for minority and low-income students and school districts to foster collabora- Emerging Professions Act of 2009, are even lower, in many cases, alarm- tion and discussions between schools, which provides competitive grants to ingly lower. In addition, many of our businesses, and others about the States and local school districts to pro- nation’s urban school districts report emerging industry workforce needs and mote better collaboration between very high dropout rates, including the how to prepare our high school stu- high schools and local businesses and Milwaukee Public School District. Ac- dents to meet those needs, both aca- workforce development groups. This E4 cording to the Cities in Crisis report demically and practically. States and

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Some of our Nation’s (12) Disengagement from classroom in- struction contributes to student decisions to boards, labor organizations, nonprofit schools are experiencing high dropout drop out of school. organizations and others. rates in part because students aren’t (13) Studies indicate a link between career- These partnerships will have the re- connecting with what they are being oriented models of secondary education, sec- sponsibility of surveying local, re- taught. At the same time, we’re seeing ondary school dropout rate reduction, and gional, and statewide emerging indus- an emergence of new industries, like higher earning potential for secondary tries and deciding what are the aca- those aiming to capitalize on alter- school graduates. demic and work-based skills that our native energies and energy efficiency, (14) Studies suggest that academic lessons high school students need in order to that need employers with skills and taught in a work context or an applied man- ner can improve some students’ ability to be successful in these emerging indus- training in their field. If we help comprehend and retain information. tries. The partnerships will then work schools connect their students with (b) PURPOSES.—The purposes of this Act together to develop new and engaging businesses, workforce development are to— curriculums and programs designed to boards, and colleges that offer career (1) foster improved collaboration among teach the academic and work-based and academic opportunities in these secondary schools, State, regional, and local skills that are necessary to succeed in new and exciting fields, we can help to businesses, institutions of higher education, these new emerging industries. Once lower the alarming dropout rates while industry, workforce development organiza- the partnership has designed a cur- tions, labor organizations, and other non- helping these emerging industries profit community organizations to identify riculum or program and received ap- thrive. emerging industry pathways, as well as the proval from the Federal Department of Mr. President, I ask unanimous con- academic skills necessary to improve stu- Education, the partnership will work sent that the text of the bill be printed dent success in the workforce or postsec- to implement the program in quali- in the RECORD. ondary education; fying schools. There being no objection, the text of (2) address industry and postsecondary During the implementation phase, the bill was ordered to be printed in education needs for a prepared and skilled the partnership will come together to the RECORD, as follows: workforce; implement hands-on learning and work (3) improve the potential for economic and S. 178 employment growth in covered communities; opportunities for students including in- Be it enacted by the Senate and House of Rep- and ternships, apprenticeships, job shad- resentatives of the United States of America in (4) help address the dropout crisis in the owing, and other career and technical Congress assembled, United States by involving students in a col- education programs. These hands-on SECTION 1. SHORT TITLE. laborative curriculum or program develop- learning and work opportunities will be This Act may be cited as the ‘‘Connecting ment process related to emerging industry based on the emerging industry path- Education and Emerging Professions Act of pathways to improve student engagement ways curriculum or program that the 2009’’. and attendance in secondary school. eligible partnership has designed and SEC. 2. FINDINGS AND PURPOSES. SEC. 3. CONNECTING EDUCATION AND EMERG- ING PROFESSIONS DEMONSTRATION will offer students practical academic (a) FINDINGS.—Congress finds the fol- lowing: GRANT PROGRAM. experiences and skill-building lessons (1) The majority of secondary school stu- (a) AUTHORIZATION.—Part D of title V of that they can use in the workplace or dents in the United States receive some ca- the Elementary and Secondary Education in postsecondary education. reer-related instruction before graduation, Act of 1965 (20 U.S.C. 7241 et seq.) is amended This legislation seeks to help and about half of secondary school students by adding at the end the following: schools, businesses, colleges, and the have a strong career-related component to ‘‘Subpart 22—Connecting Education and students who would be served by this their educational programs. Emerging Professions Demonstration Grant legislation talk with each other to (2) A gap still remains between what stu- Program build new programs that would help dents are learning in school and the knowl- ‘‘SEC. 5621. DEFINITIONS. boost student engagement in learning edge required to succeed in the current labor ‘‘In this subpart: market. ‘‘(1) COVERED COMMUNITY.—The term ‘cov- and student attendance and graduation (3) Employers in various economic sectors, ered community’ means a town, city, com- rates while also preparing students for including technology, manufacturing, munity, region, or State that has— success in the workforce or in college healthcare, construction, and others, report ‘‘(A) experienced a significant percentage after they graduate. There are a num- difficulty in identifying qualified candidates job loss in the 5 years prior to the date of en- ber of successful local and state pro- for skilled positions. actment of this subpart or is projected to ex- grams around Wisconsin that this leg- (4) A survey of more than 400 employers perience a significant percentage job loss islation would help support and that nationwide found that nearly half were dis- within 5 years after the date of enactment of served as valuable examples as I devel- satisfied with the overall preparation of sec- this subpart; or ondary school graduates. ‘‘(B) an unemployment rate that has in- oped this legislation. (5) Almost 40 percent of secondary school creased in the 12 months prior to the date of Wisconsin’s Department of Public In- graduates report feeling unprepared for the enactment of this subpart. struction, Department of Workforce workplace or postsecondary education. ‘‘(2) ELIGIBLE PARTNERSHIP.—The term ‘eli- Development, and various local school (6) In order for companies in the United gible partnership’ means a partnership that districts have all been working to States to be competitive in a global econ- includes— boost Wisconsin’s career and technical omy, the United States must have a highly ‘‘(A) a State educational agency, a consor- education offerings and gear these of- skilled workforce. tium of local educational agencies, or a local ferings towards emerging industries. (7) Adequate preparation on the secondary educational agency that collaborates with— school level can help prepare students to ‘‘(i) a State, regional, or local business, in- My bill seeks to help Wisconsin and enter high-demand fields in need of skilled cluding a small business, that serves a cov- other states build on these efforts and workers. ered community in which a qualifying school engage in additional conversations (8) Collaboration between businesses, in- is located; or with interested stakeholders to design dustries, and education leaders can help de- ‘‘(ii) a regional workforce investment new curriculums and programs to pre- termine how best to prepare students for board that serves a covered community in pare students for emerging industries. workforce success. which a qualifying school is located; and I look forward to moving this legisla- (9) Career-related experiences during sec- ‘‘(B) at least 1 of the following entities: tion forward this year as the new Con- ondary education, such as apprenticeships, ‘‘(i) An institution of higher education gress begins to debate how best to are associated with positive labor market that provides a 4-year program of instruc- outcomes for students. tion. boost educational opportunities for all (10) The United States has a secondary ‘‘(ii) An accredited community college. of our Nation’s children. We have a sig- school graduation rate of 70 percent, and ap- ‘‘(iii) An accredited career or technical nificant achievement gap and gradua- proximately one-third of students entering school or college. tion gap in urban, rural, and suburban secondary school will not graduate on time. ‘‘(iv) A tribal college or university.

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‘‘(v) A nonprofit community organization. ‘‘(2) OVERLAP.—Each eligible partnership curriculum or program that meets the ‘‘(vi) A labor organization. receiving a grant under this subpart may unique academic and career development ‘‘(3) EMERGING INDUSTRY PATHWAYS.—The carry out subparagraphs (A), (B), or (C) con- needs of students to be served by the cur- term ‘emerging industry pathways’ means currently. riculum or program; industry careers that— ‘‘(c) PRIORITY.—In awarding grants under ‘‘(10) a description of how the school- and ‘‘(A) are estimated to increase in the num- this subpart, the Secretary shall give pri- work-based curriculum or program will sup- ber of job opportunities in a covered commu- ority to eligible partnerships that— port statewide, regional, or local emerging nity within the 5 to 7 years after the date of ‘‘(1) serve qualifying schools in which 50 industries; enactment of this subpart; percent or more of the students are eligible ‘‘(11) a description of how the eligible part- ‘‘(B) require new academic skill sets be- for the school lunch program under the Rich- nership will measure and report improve- cause of new technology or innovation in the ard B. Russell National School Lunch Act or ment in academic and student engagement field; meet an equivalent indicator of poverty es- outcomes among students who participate in ‘‘(C) are important to the growth of the tablished by the Secretary; the school- and work-based curriculum or State economy, regional economy, or local ‘‘(2) serve qualifying schools the majority program developed under this subpart; area’s economy; and of which have secondary school dropout ‘‘(12) a description of how the eligible part- ‘‘(D) may include— rates in the top 25 percent statewide; nership will seek to leverage other sources of ‘‘(i) green industries; ‘‘(3) pledge to serve the students most at- Federal, State, and local funding to support ‘‘(ii) healthcare industries; risk of dropping out of qualifying schools; the development and implementation of the ‘‘(iii) advanced manufacturing industries; ‘‘(4) develop school- and work-based cur- school- and work-based curriculum or pro- and ricula or programs serving green industries, gram; ‘‘(iv) programs of study, as described in health care industries, and advanced manu- ‘‘(13) a description of how the eligible part- section 122(c)(1)(A) of the Carl D. Perkins Ca- facturing industries; or nership will work to create, use, and evalu- reer and Technical Education Act of 2006. ‘‘(5) have a demonstrated record of success ate individual learning plans and career ‘‘(4) QUALIFYING SCHOOL.—The term ‘quali- in forming collaborative partnerships with portfolios for students served under this sub- fying school’ means a secondary school businesses, workforce development boards, part; that— institutions of higher education, local com- ‘‘(14) a description of how the eligible part- ‘‘(A) serves students not less than 30 per- munity and technical colleges, tribal col- nership will coordinate such curriculum or cent of whom are eligible for the school leges or universities, labor organizations, program with programs funded under the lunch program under the Richard B. Russell and other nonprofit community organiza- Carl D. Perkins Career and Technical Edu- National School Lunch Act or meet an tions. cation Act of 2006; and equivalent indicator of poverty established ‘‘SEC. 5623. APPLICATIONS. ‘‘(15) a description of how the eligible part- by the Secretary; ‘‘An eligible partnership that desires to re- nership plans to sustain and expand such ‘‘(B) has a graduation rate that is lower ceive a grant under this subpart shall submit school- and work-based curriculum or pro- than the State average; and to the Secretary an application at such time, gram after the Federal grant period ends. ‘‘(C) is located in a covered community. in such manner, and containing such infor- ‘‘SEC. 5624. PROGRAM ADMINISTRATION. ‘‘(5) SCHOOL- AND WORK-BASED CURRICULUM mation as the Secretary may require, includ- ‘‘(a) SELECTION.—In awarding grants under OR PROGRAM.—The term ‘school- and work- ing— this subpart, the Secretary shall— based curriculum or program’ means a cur- ‘‘(1) a description of the eligible partner- ‘‘(1) consider the information submitted by riculum or program that incorporates a com- ship, including the responsibilities of each the eligible partnerships under section 5623; bination of school-based instruction and partner and how each partner will meet its ‘‘(2) prioritize applications in accordance work-based learning opportunities, including responsibilities; with section 5622(c); and internships, work experience programs, ap- ‘‘(2) a description of the statewide, re- ‘‘(3) select eligible partnerships that sub- prenticeships, service learning programs, gional, or local emerging industry pathways mit applications in compliance with section mentorship opportunities, job shadowing, and labor market needs to be filled; 5623. and other career and technical education ‘‘(3) a description of how members of the ‘‘(b) AWARD AMOUNTS.— programs, in an emerging industry pathway. eligible partnership will collaborate with ‘‘(1) IN GENERAL.—Subject to subsection (c), ‘‘(6) TRIBAL COLLEGE OR UNIVERSITY.—The each other and interested community stake- the Secretary shall award each grant under term ‘tribal college or university’ means an holders to assess the emerging industry this subpart in an amount of not more than educational institution that is— pathways in the State, region, or local area; $5,000,000. ‘‘(A) a tribal college or university, as de- ‘‘(4) a description of how the eligible part- ‘‘(2) USE OF FUNDS.—An eligible partner- fined in section 2(a) of the Tribally Con- nership will engage students from qualifying ship that receives a grant under this subpart trolled Colleges and Universities Assistance schools to be served in the design and imple- shall use— Act of 1978; or mentation of the school- and work-based cur- ‘‘(A) not more than 35 percent of the grant ‘‘(B) one of the 1994 Institutions, as defined riculum or program; funds for designing the emerging industry in section 532 of the Equity in Educational ‘‘(5) a description of how the eligible part- pathways school- and work-based curriculum Land-Grant Status Act of 1994 (7 U.S.C. 301 nership will use the assessment of emerging or program; and note). industry pathways to establish a school- and ‘‘(B) not less than 65 percent of the grant ‘‘SEC. 5622. PROGRAM AUTHORIZED. work-based curriculum or program to teach funds for implementing the emerging indus- ‘‘(a) IN GENERAL.—From amounts appro- academic and industry skills needed for suc- try pathways school- and work-based cur- priated under section 5626, the Secretary cess in such emerging industries and how riculum or program in qualifying schools. shall establish and carry out an emerging these skills will be aligned with existing ‘‘(c) FUNDING TO IMPLEMENT CURRICULA OR professions and educational improvement challenging State academic content stand- PROGRAMS.—The Secretary may not award demonstration project, by awarding grants, ards; grant funds under subsection (b)(2)(B) to im- on a competitive basis, to eligible partner- ‘‘(6) a description of how teachers, parents plement the emerging industry pathways ships. or guardians, and school guidance counselors school- and work-based curriculum or pro- ‘‘(b) PROGRAM PERIODS.— will be consulted by the eligible partnership gram until the Secretary certifies that the ‘‘(1) IN GENERAL.—The Secretary shall in the development of the school- and work- eligible partnership is in compliance with award grants under this subpart for periods based curriculum or program developed the following: of not more than 5 years, of which the eligi- under this subpart; ‘‘(1) The eligible partnership has engaged ble partnership shall use— ‘‘(7) a description of how the eligible part- in a collaborative process involving edu- ‘‘(A) not more than 18 months for assessing nership will ensure that teachers and in- cators and school administrators, including emerging industry pathways, assessing the structors have the necessary training and curriculum experts, as well as representa- academic skills needed for success in such preparation to teach the school- and work- tives from local businesses and industry to pathways, and designing a school- and work- based curriculum or program developed assess emerging industry demands and the based curriculum or program to teach such under this subpart; academic knowledge and skills needed to academic skills necessary for success in an ‘‘(8) a description of how the school- and meet those demands. emerging industry pathway; work-based curriculum or program developed ‘‘(2) The school- and work-based cur- ‘‘(B) not more than 48 months for imple- under this subpart will improve the aca- riculum or program developed by the eligible menting the new emerging industry path- demic achievement, student attendance, and partnership is aligned with challenging State ways school- and work-based curriculum or secondary school completion of at-risk stu- academic content standards. program in qualifying schools; and dents and such students’ readiness to enter ‘‘(3) The eligible partnership has consulted ‘‘(C) not more than 12 months to dissemi- into a career in an emerging industry or pur- with and involved students in qualifying nate best practices to other State edu- sue postsecondary education; schools in the collaboration process and de- cational agencies, local educational agen- ‘‘(9) a description of how the eligible part- sign of the school- and work-based cur- cies, or schools. nership will design a school- and work-based riculum or program.

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‘‘(4) The eligible partnership has received a ‘‘(G) Purchasing resources, including text- ‘‘(b) FINAL REPORTS.— commitment from at least 1 qualifying books, reference materials, assessments, ‘‘(1) IN GENERAL.—An eligible partnership school agreeing to implement the school- labs, computers, and software, for use in the that receives a grant under this subpart and work-based curriculum or program in school- and work-based curriculum or pro- shall, at the end of the grant period, collect the qualifying school. gram. and prepare a report on the following infor- ‘‘(5) The school- and work-based cur- ‘‘(3) DISSEMINATION PHASE.—An eligible mation: riculum or program will help prepare stu- partnership that receives a grant under this ‘‘(A) The number and percentage of stu- dents for both direct entry into a career in subpart shall use the grant funds in the dis- dents served by the eligible partnership emerging industries and success in postsec- semination phase for the following: who— ondary education. ‘‘(A) Evaluating, cataloging, and dissemi- ‘‘(i) graduated from secondary school with ‘‘(6) The eligible partnership has estab- nating best practices from the school- and a regular secondary school diploma in the lished a plan to promote the school- and work-based curriculum or program. standard number of years; work-based curriculum or program among ‘‘(B) Disseminating the school- and work- ‘‘(ii) entered into a job in an emerging in- qualifying schools, businesses, parental based curriculum or program to— dustry; and groups, and community organizations. ‘‘(i) the National Research Center for Ca- ‘‘(iii) enrolled in a postsecondary institu- ‘‘(d) ELIGIBLE USES OF FUNDS.— reer and Technical Education; tion. ‘‘(1) PLANNING PHASE.—An eligible partner- ‘‘(ii) State, regional, and local professional ‘‘(B) The emerging industry pathways ship that receives a grant under this subpart education organizations; and school- and work-based curriculum or pro- shall use the grant funds in the designing ‘‘(iii) institutions of higher education. gram and the— phase for the following: ‘‘(e) MATCHING CONTRIBUTIONS.—An eligible ‘‘(i) successes of such curriculum or pro- ‘‘(A) Establishing collaborative working partnership that receives a grant under this gram, including placement rates of students groups consisting of educators, school ad- subpart shall provide, from non-Federal in work or postsecondary education and ministrators, representatives of local or re- sources, matching funds, which may be pro- trends in secondary school graduation rates gional businesses, postsecondary education vided in cash or in-kind, to carry out the ac- in qualifying schools utilizing the school- tivities supported by the grant, in an representatives, representatives from labor and work-based curriculum or program; amount equal to— organizations, and representatives from non- ‘‘(ii) areas of improvement for the school- ‘‘(1) for the first year of the grant, 5 per- profit organizations. and work-based curriculum or program; cent of the amount of the grant for such ‘‘(B) Identifying emerging industry path- ‘‘(iii) lessons learned from the implementa- year; ways at the State, regional, or local level. tion of the school- and work-based cur- ‘‘(2) for the second year of the grant, 10 ‘‘(C) Identifying the academic and skill riculum or program in secondary schools; percent of the amount of the grant for such gaps that need to be addressed to promote and year; success in the emerging industry pathways ‘‘(3) for the third year of the grant, 15 per- ‘‘(iv) plans to replicate the school- and identified in subparagraph (B). cent of the amount of the grant for such work-based curriculum or program in other ‘‘(D) Developing a school- and work-based year; schools or examples of successful replication curriculum or program to teach and inte- ‘‘(4) for the fourth year of the grant, 20 per- of the curriculum or program. grate the academic and work-based skills, cent of the amount of the grant for such ‘‘(2) SUBMISSION OF REPORTS.—A report pre- including soft skills, that are needed for suc- year; and pared under paragraph (1) shall be submitted cess in emerging industry pathways and ‘‘(5) for the fifth year of the grant, 25 per- to the Secretary and the National Research postsecondary education. cent of the amount of the grant for such Center for Career and Technical Education. ‘‘(E) Creating a comprehensive set of aca- year. ‘‘(c) FEDERAL EVALUATION AND REPORT.— demic and industry skills to be taught across ‘‘(f) SUPPLEMENT, NOT SUPPLANT.—Grant Not later than 6 years after the date of en- multiple emerging industry pathways. funds awarded under this subpart shall be actment of this subpart, the Secretary ‘‘(F) Aligning the school- and work-based used to supplement and not supplant other shall— curriculum or program with challenging Federal, State, and local funds available to ‘‘(1) develop and execute a plan for evalu- State academic content standards. implement secondary school education pro- ating the emerging industry pathways ‘‘(G) Establishing professional develop- grams or career and technical education pro- school- and work-based curricula or pro- ment opportunities for educators, business grams. grams assisted under this subpart; and partners, school counselors, and others who ‘‘SEC. 5625. EVALUATION AND REPORTS. ‘‘(2) submit a report to Congress— will be implementing the school- and work- ‘‘(a) ANNUAL REPORTS.—An eligible part- ‘‘(A) detailing aggregate data on— based curriculum or program. nership that receives a grant under this sub- ‘‘(i) the categories of activities for which ‘‘(H) Collaborating with multistate regions part shall submit an annual report to the eligible partnerships used grant funds under to develop and identify a school- and work- Secretary during the grant period detailing this subpart; based curriculum or program that addresses how the eligible partnership is using the ‘‘(ii) the impact of the grants on— regional emerging industry pathways. grant funds under this subpart, including— ‘‘(I) student engagement, attendance, and ‘‘(2) IMPLEMENTING PHASE.—An eligible ‘‘(1) how the State educational agency or completion of secondary school; and partnership that receives a grant under this local educational agency that is a member of ‘‘(II) the postsecondary placement of stu- subpart shall use the grant funds in the im- the eligible partnership collaborated with dents in high-quality emerging industry ca- plementing phase for the following: local businesses, workforce boards, institu- reers or postsecondary education; and ‘‘(A) Integrating the emerging industry tions of higher education, and community ‘‘(iii) promising strategies for improving pathways school- and work-based curriculum organizations to assess emerging industry student engagement, attendance, and com- or program into classroom- or work-based in- pathways; pletion of secondary school through engag- struction. ‘‘(2) how the eligible partnership has con- ing curricula or programs; and ‘‘(B) Providing professional development sulted with and involved students in quali- ‘‘(B) that includes any recommendations opportunities designed around the school- fying schools in the design and implementa- for improvements that can be made to the and work-based curriculum or program for tion of the emerging industry pathways grant program under this subpart. educators, business partners, and others. school- and work-based curriculum or pro- ‘‘SEC. 5626. AUTHORIZATION OF APPROPRIA- ‘‘(C) Identifying and creating school- and gram; TIONS. work-based learning curricula or programs ‘‘(3) the effectiveness of the school- and ‘‘(a) IN GENERAL.—From the amounts ap- for students in such emerging industry path- work-based curriculum or program with re- propriated to and available for Program Ad- ways. spect to improving— ministration within the Departmental Man- ‘‘(D) Promoting the school- and work-based ‘‘(A) student engagement; agement account in the Department of Edu- curriculum or program among school guid- ‘‘(B) attendance; cation for each of fiscal years 2010 through ance counselors. ‘‘(C) secondary school graduation rates; 2013, there are authorized to be appropriated ‘‘(E) Working with pupil services staff to and $25,000,000 for each of fiscal years 2010 develop opportunities for career exploration ‘‘(D) preparation for and placement in a ca- through 2013, respectively, to carry out this among emerging industry pathways business reer in an emerging industry or in postsec- subpart. partners. ondary education; ‘‘(b) SET ASIDE FOR EVALUATION.—Of the ‘‘(F) Conducting ongoing evaluations of the ‘‘(4) how the eligible partnership has im- amounts appropriated under subsection (a) school- and work-based curriculum or pro- proved its capacity to respond to new work- for a fiscal year, 2 percent shall be set aside gram, including assessing whether partici- force development priorities and create edu- for such fiscal year for the Federal evalua- pating students report increased engagement cational opportunities that address such new tion required under section 5625(c).’’. in learning, increased school attendance, and workforce development priorities; and (b) TABLE OF CONTENTS.—The table of con- improved success upon entry into the work- ‘‘(5) any other information the Secretary tents in section 2 of the Elementary and Sec- force or postsecondary education. may reasonably require. ondary Education Act of 1965 is amended by

VerDate Mar 15 2010 08:24 Jun 07, 2011 Jkt 079102 PO 00000 Frm 00047 Fmt 0686 Sfmt 0634 E:\BR09\S08JA9.001 S08JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 342 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 January 8, 2009 inserting after the item relating to section dates. Too many providers, especially our patients, providers, and pocket- 5618 the following: our safety-net providers, are having a books will see the rewards. ‘‘SUBPART 22—CONNECTING EDUCATION AND hard enough time just keeping up with Ms. SNOWE. Mr. President, today I EMERGING PROFESSIONS DEMONSTRATION their daily costs, much less to invest in join my colleague, Senator STABENOW GRANT PROGRAM something new. of Michigan, to introduce the Health ‘‘Sec. 5621. Definitions. A March 2001 Institute of Medicine Information Technology Act of 2009 to ‘‘Sec. 5622. Program authorized. study concluded that in order to im- improve the quality of health care ‘‘Sec. 5623. Applications. prove quality, there must be a national through the implementation of infor- ‘‘Sec. 5624. Program administration. mation technology, IT, in hospitals, ‘‘Sec. 5625. Evaluation and reports. commitment to building an informa- ‘‘Sec. 5626. Authorization of appropria- tion infrastructure. An October 2003 health centers and physician practices tions.’’. Government Accountability Office re- throughout the country. Our legisla- port found that the benefits of an elec- tion will help us address two critical By Ms. STABENOW (for herself tronic healthcare information system issues. and Ms. SNOWE). included improved quality of care, re- The first is the serious patient safety S. 179. A bill to improve quality in duced costs associated with medication problem facing our Nation. Indeed, if health care by providing incentives for errors, more accurate and complete most Americans were told today that adoption of modern information tech- medical documentation, more accurate 98,000 lives were lost needlessly last nology, to the Committee on Finance. capture of codes and charges, and im- year—and a cure was available—they Ms. STABENOW. I am very pleased proved communication among pro- would undoubtedly call for action. Yet to introduce the Health Information viders enabling them to respond more the Institute of Medicine, IOM, has re- Technology Act with my friend and quickly to patients’ needs. ported that medical errors inflict that colleague from Maine, Senator SNOWE. By providing the most appropriate terrible toll every year, even though As co-chairs of the Senate Health Care care at the most appropriate time in a the technology is at our disposal to Quality Improvement and Information safe, secure way, we can reap huge sav- dramatically reduce those deaths. A second major problem is the esca- Technology Caucus, we have seen first- ings. A January 2005 Report by the lating cost of health care. Health hand the transformative power infor- Center for Information Technology spending now comprises over 16 percent mation technology has on the delivery Leadership found that moving to of GNP—$2.2 trillion last year—and the of health care. standardized health information ex- price of a health plan has grown so Our legislation is a substantial down- change and interoperability would save high that 70 million Americans today payment in building up our Nation’s nearly $80 billion annually in the health information network and an im- are either underinsured or lack any United States. coverage whatsoever. That group ex- portant step in reforming health care. The benefits of adoption and use of pands as unemployment rates increase In doing so, we will reduce costs for our health care information technologies, and individuals and families lose businesses, improve the quality of care systems and services will be wide- for patients, and ensure health pro- health insurance tied to employment. spread: employers will realize cost sav- A recent Urban Institute study found viders have access to the most accurate ings, clinicians will gain new elec- information. And I am very excited that for each 1 percentage point in- tronic support tools and patient infor- crease in unemployment 1 million that President-elect Obama identified mation to help guide medical decisions, Americans are added to the rolls of the health IT as an important part of in- and patients will benefit from a more uninsured. However, simply expanding vesting in our Nation’s economy. efficient health care system and from a government subsidies or entitlements The result of using 19th century tech- safer health care system with fewer un- alone is not the answer, because on our nology in a 21st century health care necessary treatments and more atten- current trajectory, escalating costs system is higher costs, increased er- tion to preventive care. will erode our ability to maintain such rors, and decreased quality of care. Too We know that adoption of health in- supports. It is clear that some funda- often, care is duplicated or the best and formation technology can play a crit- mental changes must be made in most appropriate care isn’t given. Our ical role in improving patient out- health care to combat rising health health care professionals can’t possibly comes and at the same time greatly re- care costs. provide the best care if they don’t have duce costs. But it can’t happen without Bold changes and innovations are complete and accurate information the federal government playing a role. necessary to address both medical er- about the patient sitting in front of The members of the Health Informa- rors and escalating costs. One of those them. tion Technology Leadership Panel con- changes must be the application of Many studies have found that as curred that without federal leadership, modern data technology. Most of us much as $300 billion is spent each year neither their individual companies nor have been told at one time or another, on health care that does not improve the industrial sector as a whole can ‘‘we’re waiting to get the test results patient outcomes on treatment that is achieve the breadth of HIT adoption mailed’’ or ‘‘we’re still waiting for your unnecessary, inappropriate, inefficient, that would be required to realize the chart.’’ Consider the savings we realize or ineffective. For example, in last needed transformation of health care. when a physician can locate informa- year’s series of health reform hearings Our country must have a national tion efficiently so that tests don’t have in the Senate Finance Committee, we commitment to building an informa- to be repeated and data isn’t delayed. A heard testimony from Elizabeth tion infrastructure, and the Federal patient obtains faster, higher quality McGlynn of the RAND Corporation Government needs to step up to the care when multiple practitioners can that we only receive 55 percent of rec- plate and provide much-needed funds to review diagnostic test results right at ommended preventive care services, 54 get the ball rolling. Without health IT, their desktops. The fact is the health percent of recommended care for acute we are not going to be able to accom- care industry is one of the last sectors health problems, and 56 percent of the plish other reforms necessary to im- where information flows so slowly. In- care that doctors agree is necessary for prove our health care system. That is deed, it is often easier to track the people with chronic conditions when why I am fighting for funding similar service history on one’s automobile we seek medical treatment. to the legislation we are introducing than to see your own health history. In It’s long past time that we fully uti- today, will be included in the economic an age where millions of Americans lize technology to make health care ac- recovery act we will soon be debated. share family pictures over the Internet cessible and affordable for every family The sooner we get them into our hos- in seconds, isn’t it long past time that and business. However, most of our Na- pitals, physician offices, nursing a physician should be able to retrieve tion’s health care providers don’t have homes, community health centers, an x-ray just as easily? access to capital in order to purchase community mental health centers, and Today, the technological tools are at information technology and service up- other health care providers, the sooner hand to dramatically reduce medical

VerDate Mar 15 2010 08:24 Jun 07, 2011 Jkt 079102 PO 00000 Frm 00048 Fmt 0686 Sfmt 0634 E:\BR09\S08JA9.001 S08JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 8, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 343 errors and save lives. Many of us have evident—in fewer delays, in better out- sive and inefficient. While it is clear heard about how drug interactions can comes, in lives saved. Modern informa- that health IT alone will not reduce all be avoided by software systems which tion technology reduces costs as well, excessive costs or address every ineffi- check a patient’s prescriptions for haz- but primarily to those who pay for ciency, one must understand that the ards, and there are so many other ap- services—not for the healthcare pro- only way to achieve either goal is to plications which can also improve viders who must bear the burden of im- have access to the type of coordinated health. For example, by reviewing and plementation. Indeed, it has been esti- information that a fully integrated analyzing information, a health pro- mated that 89 percent of cost savings health care system would provide. In vider can help a patient better manage accrue to those who pay for services. It fact, the information we will obtain chronic diseases such as diabetes and should be obvious then that the federal through health IT is essential to heart disease to reduce avoidable ad- government would invest in health IT achieve such goals as improving qual- verse outcomes. The unfortunate re- to both improve health outcomes and ity and reforming provider payment. ality is that the cost of new systems to reduce its expenditures on Medicare, This is the foundation for our work on and a lack of standards have prevented Medicaid and SCHIP. health reform. us from reaping the benefits of new That is precisely the type of invest- When the Medicare and Medicaid pro- technologies. ment the Health Information Tech- grams began, we could have only While the current economic crisis has nology Act of 2009 would achieve. Be- dreamed about computerized clinical surely put a focus on addressing the in- cause as we look to the many studies information systems. Today, we have efficiencies and high costs of health and reports on health IT, it is clear this technology at our disposal, and I care, I have long shared a determina- that annual cost savings can actually strongly believe that we cannot afford tion to modernize health information exceed the price of implementation. to delay implementation. In fact, as we face challenges in the financing of with my colleagues. In 2003, I joined With that kind of return, it is indis- these vital federal programs, this is ex- with Senator Bob Graham to introduce putable that the federal government actly the sort of initiative which will the ‘‘Medication Errors Reduction Act must employ health IT to see not only enable us to achieve the fundamental of 2003’’ to make grants of up to $750,000 the savings in lives, but also better improvements to make our health enti- available to hospitals and nursing fa- management of our health care spend- tlements more fiscally secure. cilities to aid in implementation of ing. I hope my colleagues will join us in health IT infrastructure. In 2005, Sen- Our legislation spurs adoption by support of this legislation so we may ator STABENOW and I offered our bill to providing grants to physicians, hos- soon achieve the goals of improving pa- create a $4 billion competitive grant pitals, long term care facilities and tient safety and reducing our esca- program and tax incentives to enable both federally-qualified health centers lating health care costs. hospitals, skilled nursing facilities, and community mental health centers. community health centers and physi- These grants are targeted to help pro- By Ms. MIKULSKI (for herself, cians to invest in health IT. vide the health IT resources providers Mr. KENNEDY, Mr. HARKIN, Mr. The President-elect shares our rec- need to serve our federal beneficiaries. LEAHY, Mr. REID, Ms. SNOWE, ognition of the critical role which in- In fact, the size of an allowable grant Mr. DODD, Mr. BINGAMAN, Mrs. formation technology must play in for each provider is keyed to the pro- MURRAY, Mr. REED, Mrs. CLIN- transforming health care. In his cam- portion of the patient care which they TON, Mr. SANDERS, Mr. BROWN, paign, he acknowledged the critical deliver to federal beneficiaries. This Mr. BYRD, Mr. INOUYE, Mr. need to make technology implementa- will help providers deliver better care LEVIN, Mr. KERRY, Mr. ROCKE- tion a priority. to those on Medicare, Medicaid and FELLER, Mr. KOHL, Mr. A lack of standards to ensure inter- SCHIP while we also see costs reduced LIEBERMAN, Mr. AKAKA, Mrs. operability has been a factor in slowing in those programs. That is simple com- FEINSTEIN, Mr. DORGAN, Mrs. IT adoption by many health care pro- mon sense. BOXER, Mr. FEINGOLD, Mr. viders. One must know that a system The legislation supports reasonable WYDEN, Mr. DURBIN, Mr. JOHN- purchased will be compatible with oth- expenditures for a variety of costs re- SON, Ms. LANDRIEU, Mr. SCHU- ers, and that—no matter what may quired to implement health care infor- MER, Mrs. LINCOLN, Mr. CARPER, happen in the future to a vendor—the mation technology. These include such Ms. STABENOW, Ms. CANTWELL, investment one makes in building an components as computer hardware and Mr. NELSON of Florida, Mr. electronic medical record won’t be software in combination with installa- LAUTENBERG, Mr. SALAZAR, Mr. wasted. In other words, your system tion and training. In addition for a sys- MENENDEZ, Mr. CARDIN, Mr. must be able to communicate with tem to be suitable for support under WEBB, Mr. CASEY, Ms. other systems, and your investment in this legislation, we require that it KLOBUCHAR, Mrs. MCCASKILL, building electronic medical records must meet the HHS Secretary’s inter- Mr. WHITEHOUSE, Mr. TESTER, must be preserved. When a patient operability standards. Mr. UDALL of Colorado, Mr. moves, their electronic ‘‘chart’’ should Our new legislation even provides an UDALL of New Mexico, Mr. WAR- be able to move right along with them alternative to those for-profit pro- NER, Mrs. SHAHEEN, Mr. to prevent disruption in the continuity viders who do not wish to apply for a MERKLEY, Mrs. HAGAN, Mr. of their care—in other words ‘‘we must grant. Under this bill, such providers BEGICH, and Mr. PRYOR): have interoperability.’’ will be able to expense the cost of a S. 181. A bill to amend title VII of the Yet standards alone are not suffi- qualified system. We will thus assure Civil Rights Act of 1964 and the Age cient, as there are fiscal hurdles to im- that every type of provider has a mean- Discrimination in Employment Act of plementing health IT. Today, many ingful opportunity to invest in moving 1967, and to modify the operation of the providers are struggling to adopt new their health care practice into the new Americans with Disabilities Act of 1990 technology, and for those who serve millennium. With the development of a and the Rehabilitation Act of 1973, to beneficiaries of Medicare, Medicaid and 21st century health technology system, clarify that a discriminatory com- SCHIP, it can be exceedingly difficult. we will ensure that providers have the pensation decision or other practice Our physicians, for example, have seen appropriate tools to effectively provide that is unlawful under such Acts occurs recent Medicare payment updates the best quality health care at reason- each time compensation is paid pursu- which have not even kept pace with in- able cost. ant to the discriminatory compensa- flation—even as we expect them to As the current Congress struggles tion decision or other practice, and for make a major investment in health IT. with matters related to the ailing other purposes; read the first time. We must also recognize there is a economy, many Americans are finding Mr. KENNEDY. Mr. President, I’m misalignment of fiscal incentives for it exceedingly difficult to access health proud to join Senator MIKULSKI in in- health IT. The benefits to patients are care which they find to be both expen- troducing this legislation. Equal pay

VerDate Mar 15 2010 08:24 Jun 07, 2011 Jkt 079102 PO 00000 Frm 00049 Fmt 0686 Sfmt 0634 E:\BR09\S08JA9.001 S08JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 344 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 January 8, 2009 for equal work is a fundamental civil gress is dedicated to standing up for In the 110th Congress, the House right. Over the past 4 decades, America fairness and equality in the workplace. passed the bipartisan Lilly Ledbetter has made enormous progress toward The Lilly Ledbetters of our Nation de- Fair Pay Act by a vote of 225–199. In ensuring that all its people have an serve no less. the Senate, despite the support of 57 equal chance to enjoy the benefits of Mr. LEAHY. Mr. President, I am Senators who urged its consideration, this great Nation. Bipartisan civil pleased to join Senators MIKULSKI, the majority of Republican Senators rights bills have been enacted to ex- KENNEDY, SNOWE and others in intro- objected to even proceeding to consid- pand and strengthen the law to ensure ducing the Lilly Ledbetter Fair Pay eration of this bipartisan measure. One fair pay for all workers. Despite these Restoration Act of 2009. This legisla- Republican Senator who supported the advances, civil rights is still America’s tion is long overdue and I am pleased filibuster introduced an alternative unfinished business. It is therefore fit- that the majority leader will try again bill, claiming to offer a solution for ting that we open the 111th Congress to move this legislation in the opening victims of pay discrimination. In re- with introduction of the Lilly days of this new Congress. The Su- ality, that partisan alternative pro- Ledbetter Fair Pay Act. preme Court’s divided decision in posal would fail to correct the injustice This bill will restore the basic right Ledbetter v. Goodyear Tire struck a se- created by the Ledbetter decision. At of all workers, regardless of their race, vere blow to the rights of working fam- the Judiciary Committee hearing in sex, religion, national origin, age, or ilies across our country. More than 40 September, Ms. Ledbetter confirmed years ago, Congress acted to protect disability, to be paid fairly, free from that the alternative bill would not women and others against discrimina- discrimination. It will restore workers’ have remedied her case, but instead tion in the workplace. In the 21st cen- rights to challenge ongoing discrimina- would have imposed additional burdens tury, equal pay for equal work should tion and hold unscrupulous employers and increased the costs of her litiga- be a given in this country. Unfortu- accountable. tion. nately, the reality is still far from this This legislation is needed because the Congress passed Title VII of the Civil basic principle. American women still Supreme Court turned back our Na- Rights Act to protect employees earn only 77 cents for every dollar tion’s progress on equal pay with its against discrimination with respect to earned by a male counterpart. That de- Ledbetter decision, which undermined compensation because of an individ- creases to 62 cents on the dollar for Af- a core protection of Title VII of the ual’s race, color, religion, sex or na- rican-American women and just 53 Civil Rights Act of 1964 and overturned tional origin—however the Supreme cents on the dollar for Hispanic-Amer- decades of precedent that had estab- ican women. Court’s cramped interpretation of this lished a fair, workable rule for chal- For nearly 20 years, Ms. Ledbetter important law contradicts Congress’s lenging pay discrimination claims. was a manager at a Goodyear factory intent to ensure equal pay for equal This needed bill will restore the long- in Gadsden, Alabama. After decades of work. standing rule that each discriminatory service, she learned through an anony- This Supreme Court decision goes paycheck is a separate wrong that may mous note that her employer had been against both the spirit and clear intent be challenged by workers within the re- discriminating against her for years. of Title VII of the Civil Rights Act, and quired period after receiving the check. She was the only woman among 16 em- sends the message to employers that In the Ledbetter case, a jury had found ployees at her management level, yet wage discrimination cannot be pun- that Lilly Ledbetter was paid less than Ms. Ledbetter was paid between 15 and ished as long as it is kept under wraps. her male coworkers because she was a 40 percent less than all of her male col- At a time when one-third of private woman. The jury awarded back pay to leagues, including several who had sig- sector employers have rules prohib- Ms. Ledbetter, but the Supreme Court nificantly less seniority. After filing a iting employees from discussing their reversed that award, holding that she complaint with the Equal Employment pay with each other, the Court’s deci- had waited too long and should have Opportunity Commission, a Federal sion ignores a reality of the work- filed her lawsuit within a short time jury found that Ms. Ledbetter was place—pay discrimination is often in- after Goodyear first began discrimi- owed almost $225,000 in back pay. How- tentionally concealed by employers. nating against her. Never mind that ever, 5 members of the Supreme Court Equal pay is not just a women’s the company discriminated against her overturned her jury verdict because she issue, it is a family issue. With a record for decades, and that the discrimina- had filed her lawsuit more than 180 70.2 million women in the workforce, tion continued with each new paycheck days after her employer’s original dis- wage discrimination continues to hurt she received. criminatory act. the majority of American families. As Far too often, workers like Lilly I was honored to invite Ms. Ledbetter a working mother, the discrimination Ledbetter put in a fair day’s work, but to testify at a Judiciary Committee inflicted on Ms. Ledbetter affected her go home with less than a fair day’s hearing I chaired in September to ex- entire family and continues to affect pay. Women, African-American, and amine how the Supreme Court’s recent her retirement benefits. As the econ- Latino workers all earn a fraction of decisions have affected the lives of or- omy continues to worsen, many Ameri- what white male workers make. Many dinary Americans. Ms. Ledbetter’s case cans are struggling to put food on the qualified older workers and workers is but one example of how the Supreme table and money in their retirement with disabilities also are paid less than Court has dramatically misinterpreted funds. It is regrettable that recent de- their coworkers for reasons unrelated the intent of Congress and offered a li- cisions handed down by the Supreme to their performance on the job. ability shield to corporate wrong-doers. Court and Federal appellate courts It’s more important than ever that This decision is yet another example have contributed to the financial we attack the problem of pay discrimi- of the Supreme Court’s increasing will- struggles of so many women and their nation and correct the injustice caused ingness to overturn juries who hear the families. In the next weeks, I hope we by the Ledbetter decision. In the cur- factual evidence and decide cases. A re- can act to overturn the wrongly-de- rent economic crisis, millions of Amer- cent study revealed that in employ- cided Ledbetter decision to prevent the ican workers are struggling to make ment discrimination cases, Federal devastating consequences of pay dis- ends meet. Pay discrimination makes courts of appeal are 5 times more like- crimination. that struggle harder, and workers can’t ly to overturn an employee’s favorable afford to lose more economic ground. trial verdict against an employer than By Mr. UDALL of Colorado (for To protect these workers, we must they are to overturn a verdict in favor himself and Mr. SALAZAR: move quickly to pass the Lilly of the corporation. That is a startling S. 187. A bill to provide for the con- Ledbetter Fair Pay Act. disparity for those of us who expect struction of the Arkansas Valley Con- I urge my colleagues, Republicans employees and employers to be treated duit in the State of Colorado; to the and Democrats alike, to do so, and to fairly by the judges sitting on our ap- Committee on Energy and Natural Re- send a strong signal that this new Con- pellate courts. sources.

VerDate Mar 15 2010 08:24 Jun 07, 2011 Jkt 079102 PO 00000 Frm 00050 Fmt 0686 Sfmt 0634 E:\BR09\S08JA9.001 S08JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 8, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 345 Mr. UDALL of Colorado. Mr. Presi- The second bill I am introducing are at risk, and recommend to Con- dent, today I am introducing four bills, today is the Colorado Northern Front gress how these lands might be pro- S. 187, S. 188, S. 189, S. 190, that will Range Mountain Backdrop Protection tected and how the Federal Govern- preserve and protect majestic public Study Act. I introduced similar bills in ment could help local communities and landscapes in Colorado and help pro- the U.S. House of Representatives in residents to achieve that goal. Impor- vide needed water supplies to commu- the 107th, 108th, 109th and 110th Con- tantly, I note that the bill does not nities and farmers on Colorado’s pro- gresses. In previous Congresses, the bill interfere with the power of local au- ductive Eastern Plains. These bills passed the House and the Senate En- thorities regarding land use planning were introduced in the last session of ergy and Natural Resources Committee or infringe on private property rights. Congress, where they each had hear- but did not receive final action. Instead, it will bring the land protec- ings and one passed the U.S. House of The bill is intended to help local tion experience of the Forest Service Representatives. I hope that we can communities identify ways to protect to the table to assist local efforts to work together to move these bills in the Front Range Mountain Backdrop in protect areas that comprise the back- this Congress and see them signed into the northern Denver-metro area and drop. The bill envisions that to the ex- law. the region just west of Rocky Flats. tent the Forest Service should be in- I ask unanimous consent that the The Arapaho-Roosevelt National For- volved with Federal lands, it will work text of all four bills be included in the est includes much of the land in this in collaboration with local commu- RECORD and be printed alongside these backdrop area, but there are other nities, the state and private parties. remarks. lands involved as well. I strongly believe it is in the national The first bill is the Arkansas Valley Rising dramatically from the Great interest for the Federal Government to Conduit Act of 2009. This bill will help Plains, the Front Range of the Rocky assist local communities to identify protect the water supply for the Ar- Mountains provides a scenic mountain ways to protect the mounatin backdrop kansas River Valley’s communities and backdrop to many communities in the in this part of Colorado. The backdrop its productive agricultural lands by ad- Denver metropolitan area and else- beckoned settlers westward and pre- vancing the construction of the long- where in Colorado. The portion of the sented an imposing impediment to planned Arkansas Valley Conduit. The range within and adjacent to the Arap- their forward progress that suggested bill will restructure the cost-share pro- aho-Roosevelt National Forest also in- similar challenges ahead. This first ex- visions of the project and is similar to cludes a diverse array of wildlife habi- posure to the harshness and humbling legislation introduced in the last Con- majesty of the Rocky Mountain West tats and provides many opportunities gress by Senators Wayne Allard and helped define a region. The pioneers’ for outdoor recreation. The open-space KEN SALAZAR and introduced yesterday independent spirit and respect for na- character of this mountain backdrop is in the U.S. House of Representatives by ture still lives with us to this day. We an important aesthetic and economic Reps. JOHN SALAZAR and BETSY MAR- need to work to preserve it by pro- asset for adjoining communities, mak- KEY. tecting the mountain backdrop as a ing them attractive locations for The Arkansas Valley Conduit, a pro- cultural and natural heritage for our- homes and businesses. But rapid popu- posed 130-mile water delivery system selves and generations to come. from the Pueblo Dam to communities lation growth in the northern Front The third bill I am introducing throughout the Arkansas River Valley, Range area of Colorado is increasing today—the National Trails System was originally authorized in 1962 as recreational use of the Arapaho-Roo- Willing Seller Act—will allow people part of the Fryingpan-Arkansas, Fry- sevelt National Forest and is also in- who want to sell land for inclusion in Ark, project. Unfortunately, the au- creasing pressure for development of certain units of the National Trails thorization did not include a Federal- other lands within and adjacent to that System to do so. Current law prohibits local cost-share provision necessary to national forest. people who own land associated with cover the estimated $300 million in We can see the effects of rapid popu- several units of the trail system from construction costs, and local commu- lation growth throughout Colorado and selling those lands to the Federal Gov- nities—especially those in southern especially along the Front Range. ernment for inclusion in those units. Colorado—do not have the resources to Homes and shopping centers are This bill will allow such sales to hap- shoulder all of the costs. The project sprawling through valleys and along pen. has thus remained unfinished for over 4 highways that feed into the Front This legislation is identical to bills years. Range. This development then spreads introduced in previous Congresses by The bill will provide for a 65–35 Fed- out along the ridges and mountaintops my former Republican colleagues from eral-local cost-share for completion of that make up the backdrop. We are in Colorado, Representatives Beauprez the project, with revenues from so- danger of losing to development many and McInnis. The Trail System units called ‘‘excess-capacity’’ contracts for of the qualities that have helped at- covered by the bill are the Oregon Na- water storage in other Fry-Ark project tract new residents to Colorado. So, it tional Historic Trail, the Mormon Pio- facilities being used to fund the major- is important to better understand what neer National Historic Trail, the Conti- ity of the local contribution. This ap- steps might be taken to avoid or lessen nental Divide National Scenic Trail, proach is the result of close collabora- that risk—and this bill is designed to the Lewis and Clark National Historic tion between community stakeholders help us do just that. Trail, the Iditarod National Historic and the Colorado congressional delega- Already, local governments and other Trail, the North County National Sce- tion and will ensure communities in entities have provided important pro- nic Trail, the Ice Age National Scenic the Arkansas River Valley can finance tection for portions of this mountain Trail, the Potomac Heritage National their portion of the project without in- backdrop, especially in the northern Scenic Trail, and the Nez Perce Na- curring unbearable financial burdens. Denver-metro area. However, some por- tional Historic Trail. Moreover, the bill will allow the Bu- tions of the backdrop in this part of Our national trails are a national reau of Reclamation to move forward Colorado remain unprotected and are treasure, and we should allow people with the construction of the Conduit. at risk of losing their open-space quali- who own land along these trails to sell The depressed economic status of ties. This bill acknowledges the good that land to the Federal Government southeastern Colorado made it a dif- work of the local communities in pre- to be part of our public lands legacy. ficult financial undertaking for the re- serving open space along the backdrop But it is important to make clear that gion, a challenge that continues today. and aims to assist further efforts along these land sales are from willing sell- This bill will help see this facility be- the same lines. ers, which is what this bill will do. This come a reality and thereby help the The bill directs the U.S. Forest Serv- bill makes a small but important ad- farming and ranching communities in ice to study the ownership patterns of justment to current law, and I think it the valley continue to produce needed the lands comprising the Front Range deserves the support of all Members of food and fiber for the state and Nation. mountain backdrop, identify areas that the Senate.

VerDate Mar 15 2010 08:24 Jun 07, 2011 Jkt 079102 PO 00000 Frm 00051 Fmt 0686 Sfmt 0634 E:\BR09\S08JA9.001 S08JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 346 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 January 8, 2009 The final bill I am introducing today ate a ‘‘buffer zone’’ around the wilder- Service in 1977. Located outside the is the Rocky Mountain National Park ness and non-wilderness activities visi- park’s boundaries, it has two buildings, Wilderness and Indian Peaks Wilder- ble or audible from within the wilder- including a house that is listed on the ness Expansion Act, which will des- ness will not be prohibited; the Na- National Register of Historic Places. ignate nearly 250,000 acres of Rocky tional Park Service can act to control The Park Service would like to have Mountain National Park as wilderness. fire, insects, and diseases, including the option of leasing it, but current I introduced this bill in the 110th Con- use of mechanical tools within the wil- law allows leasing only for ‘‘property gress as a member of the House of Rep- derness; and nothing in the bill will re- administered . . . as part of the Na- resentatives. It was cosponsored in the duce or restrict the current authority tional Park System,’’ and this property Senate by my colleague Senator KEN of the National Park Service to man- does not qualify. The bill allows the SALAZAR, and eventually by the Colo- age the Park’s lands and resources. Park Service to lease the property as if rado Congressional delegation. Over a The bill is similar to measures pre- it were located inside or contiguous to period of months, we worked together viously introduced by my predecessor the park. to develop this bipartisan legislation in the House of Representatives, Rep- Also like previous measures, the bill that will provide important protection resentative David Skaggs, as well as addresses the question of possible im- and management direction for some other bills introduced before that, and pacts on water rights—something that truly remarkable country. This is a legislation I introduced in the 107th, can be a primary point of contention in public lands policy goal that goes back 108th, and 109th Congresses. However, Congressional debates over designating to the 1960s, and is long overdue. it does include a number of adjust- wilderness areas. It reflects the legal This bill is consistent with the Colo- ments and refinements that reflect dis- reality that it has long been recognized rado Congressional delegation’s efforts cussion within the Colorado delegation under the laws of the United States in the last Congress to strike a balance in Congress and with interested parties and Colorado, including a decision of the Colorado Supreme Court, that in protecting the park and the water in Colorado. users who rely on the Grand River Like H.R. 2334 of the 110th Congress, Rocky Mountain National Park al- Ditch. This carefully negotiated lan- the new bill includes wilderness des- ready has extensive Federal reserved water rights arising from the creation guage met the needs of those users, but ignation of more than 700 acres in the of the national park itself. And it re- questions have been raised about the Twin Sisters area south of Estes Park. flects the geographic reality that the particular way that liability and water These lands were acquired by the park sits astride the continental di- use issues were addressed in the delega- United States and made part of the vide, meaning there is no higher land park after submission to Congress of tion bill. Specifically, there have been around from which streams flow into questions about how these provisions the original wilderness recommenda- the park, and thus there is no possi- work in the context of the Park Re- tion for the park in the 1970s, and so bility of any diversion of water occur- sources Protection Act. While I am were not included in that recommenda- ring upstream from the park. In rec- confident that my bill addresses these tion. They are lands of a wilderness ognition of these legal and practical re- liability concerns, I appreciate the re- character, and their designation will alities, the bill includes a finding that cent efforts by Senator SALAZAR to not conflict with any current uses. On because the park already has these ex- offer a slightly different approach that the west side, the town of Grand Lake tensive reserved rights to water, there provides a path to a widely-shared goal and Grand County requested that about is no need for any additional reserva- that has broad support in Colorado. 650 acres inward from the park bound- tion or appropriation of such right, and The wilderness designation in this ary around the town be omitted from an explicit disclaimer that the bill ef- bill for the park will cover some 94 per- the wilderness designation in order to fects any such reservation. cent of the park, including Longs allow the park to respond to potential As I mentioned, there are also provi- Peaks and other major mountains forest fire threats. As was the case pre- sions in this bill that deal with the along the Great Continental Divide, viously, this bill accommodates that Grand River Ditch, created before glacial cirques and snow fields, broad request. Rocky Mountain National Park was es- expanses of alpine tundra and wet Also like that previous measure, the tablished and partly located within the meadows, old-growth forests, and hun- bill responds to the request of the park. The owners of the ditch are cur- dreds of lakes and streams, all Town of Grand Lake, Grand County rently working to conclude an agree- untrammeled by human structures or and the Headwaters Trails Alliance, a ment with the National Park Service passage. Indeed, examples of all the group composed of local communities with respect to operation and mainte- natural ecosystems that make up the in Grand County that seeks to estab- nance of the portion of the ditch within splendor of the park are included in the lish opportunities for mountain biking, the park, and the bill provides that wilderness that will be designated by and the International Mountain Bicy- after conclusion of this agreement the this bill. At the same time, the wilder- cling Association to omit from wilder- strict liability standard of the Park ness boundaries have been drawn so as ness designation an area along the Resources Protection Act which now to allow continued access for use of ex- western park boundary, running south applies to any damage to park re- isting roadways, buildings and devel- along Lake Granby from the town to sources will not apply so long as the oped areas, privately owned land, and the park’s southern boundary. This ditch is operated and maintained in ac- areas where additional facilities and will allow the National Park Service to cordance with the agreement. The own- roadwork will improve park manage- retain the option of authorizing con- ers of the ditch remain liable for dam- ment and visitor services. In addition, struction of a possible future mountain age to park resources caused by neg- specific provisions are included to en- bike route within this part of the park. ligence or intentional acts, and the bill sure that there will be no adverse ef- Similarly, the bill expands the Indian specifies that it will not limit or other- fects on continued use of existing Peaks Wilderness Area by 1,000 acres in wise affect the liability of any indi- water facilities. the area south of the park and north of vidual or entity for damages to, loss of, The lands designated as wilderness Lake Granby. The lands involved are or injury to any park resource result- will become part of the National Wil- currently managed as part of the Arap- ing from any cause of event occurring derness Preservation System that was aho National Recreation Area, which is before the bill’s enactment. In addi- established by the Wilderness Act and accordingly reduced by about 1,000 tion, the bill specifies that its enact- will be managed in accordance with acres. ment will not restrict or otherwise af- that Act and the provisions of the bill. As did the previous bill, this bill in- fect any activity relating to the moni- The bill’s provisions amplify this by cludes a section that authorizes the toring, operation, maintenance, repair, specifying that—no new reclamation National Park Service to lease an 11- replacement, or use of the ditch that projects will be allowed in the wilder- acre property, the Leiffer tract, that was authorized or approved by the Na- ness area; nothing in the bill will cre- was donated to the National Park tional Park Service as of the date of

VerDate Mar 15 2010 08:24 Jun 07, 2011 Jkt 079102 PO 00000 Frm 00052 Fmt 0686 Sfmt 0634 E:\BR09\S08JA9.001 S08JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 8, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 347 the bill’s enactment. The bill also pro- Peaks Wilderness Expansion Act will ‘‘(B) ADJUSTMENT OF RATES.—Any rates vides that use of water transported by protect some of our Nation’s finest charged under this section for water for mu- the ditch for a main purpose or main wild lands. It will protect existing nicipal, domestic, or industrial use or for the purposes other than irrigation will not rights. It will not limit any existing use of facilities for the storage or delivery of water shall be adjusted to reflect the esti- terminate or adversely affect the opportunity for new water develop- mated revenue derived from contracts for ditch’s right-of-way. ment. It is bipartisan and will affirm the use of Fryingpan-Arkansas project ex- The matters dealt with in this bill the commitment of all Coloradans to cess capacity or exchange contracts using have a long history. The wilderness preserving the features that make our Fryingpan-Arkansas project facilities.’’. designations are based on National State such a remarkable place to live. (c) AUTHORIZATION OF APPROPRIATIONS.— Park Service recommendations pre- So, I think it deserves prompt enact- Section 7 of Public Law 87–590 (76 Stat. 393) sented to Congress by President Rich- ment. is amended— ard Nixon. That they have not been (1) by striking ‘‘SEC. 7. There is hereby’’ Mr. President, I ask unanimous con- and inserting the following: acted on before this reflects the dif- sent that the text of each bill be print- ‘‘SEC. 7. AUTHORIZATION OF APPROPRIATIONS. ficult history of wilderness legislation. ed in the RECORD. ‘‘(a) IN GENERAL.—There is’’; and One Colorado statewide wilderness bill There being no objection, the text of (2) by adding at the end the following: was enacted in 1980, but it took more the bills was ordered to be printed in ‘‘(b) ARKANSAS VALLEY CONDUIT.— than a decade before the Colorado dele- the RECORD, as follows: ‘‘(1) IN GENERAL.—Subject to annual appro- priations and paragraph (2), there are au- gation and the Congress were finally S. 187 able, in 1993, to pass a second statewide thorized to be appropriated such sums as are Be it enacted by the Senate and House of Rep- necessary for the construction of the Arkan- national forest wilderness bill. Since resentatives of the United States of America in sas Valley Conduit. then, action has been completed on Congress assembled, ‘‘(2) LIMITATION.—Amounts made available bills designating wilderness in the SECTION 1. SHORT TITLE. under paragraph (1) shall not be used for the Spanish Peaks area of the San Isabel This Act may be cited as the ‘‘Arkansas operation or maintenance of the Arkansas National Forest as well as in the Black Valley Conduit Act of 2009’’. Valley Conduit.’’. Canyon of the Gunnison National Park, SEC. 2. ARKANSAS VALLEY CONDUIT, COLORADO. S. 188 the Gunnison Gorge, the Black Ridge (a) COST SHARE.—The first section of Pub- portion of the Colorado Canyons Na- lic Law 87–590 (76 Stat. 389) is amended in the Be it enacted by the Senate and House of Rep- second sentence of subsection (c) by insert- resentatives of the United States of America in tional Conservation Area, and the Congress assembled, James Peak area of the Arapaho-Roo- ing after ‘‘cost thereof,’’ the following: ‘‘or in the case of the Arkansas Valley Conduit, SECTION 1. SHORT TITLE. sevelt National Forests. payment in an amount equal to 35 percent of This Act may be cited as the ‘‘Colorado We now need to continue making the cost of the conduit that is comprised of Northern Front Range Mountain Backdrop progress by providing wilderness des- revenue generated by payments pursuant to Protection Study Act’’. ignations for other deserving lands in a repayment contract and revenue that may SEC. 2. PURPOSE. Colorado, including lands that are be derived from contracts for the use of The purpose of this Act is to identify op- managed by the Bureau of Land Man- Fryingpan-Arkansas project excess capacity tions that may be available to assist in agement. And the time is ripe for fi- or exchange contracts using Fryingpan-Ar- maintaining the open space characteristics nally resolving the status of the lands kansas project facilities,’’. of land that is part of the mountain back- drop of communities in the northern section within Rocky Mountain National Park (b) RATES.—Section 2(b) of Public Law 87– 590 (76 Stat. 390) is amended— of the Front Range area of Colorado. that are dealt with in this bill. (1) by striking ‘‘(b) Rates’’ and inserting SEC. 3. DEFINITIONS. Lands covered by the bill are cur- the following: In this Act: rently being managed to protect their ‘‘(b) RATES.— (1) SECRETARY.—The term ‘‘Secretary’’ wilderness character. Formal wilder- ‘‘(1) IN GENERAL.—Rates’’; and means the Secretary of Agriculture, acting ness designation will no longer leave (2) by adding at the end the following: through the Chief of the Forest Service. this question to the discretion of the ‘‘(2) RUEDI DAM AND RESERVOIR, FOUNTAIN (2) STATE.—The term ‘‘State’’ means the Park Service, but will make it clear VALLEY PIPELINE, AND SOUTH OUTLET WORKS State of Colorado. that within the designated areas, there AT PUEBLO DAM AND RESERVOIR.— (3) STUDY AREA.— ‘‘(A) IN GENERAL.—Notwithstanding the will never be roads, visitor facilities, or (A) IN GENERAL.—The term ‘‘study area’’ reclamation laws, until the date on which means the land in southern Boulder, north- other manmade features that interfere the payments for the Arkansas Valley Con- ern Jefferson, and northern Gilpin Counties, with the spectacular natural beauty duit under paragraph (3) begin, any revenue Colorado, that is located west of Colorado and wildness of the mountains. This is that may be derived from contracts for the State Highway 93, south and east of Colorado especially important for a park like use of Fryingpan-Arkansas project excess ca- State Highway 119, and north of Colorado Rocky Mountain, which is relatively pacity or exchange contracts using State Highway 46, as generally depicted on small by western standards. As nearby Fryingpan-Arkansas project facilities shall the map entitled ‘‘Colorado Northern Front land development and alteration has be credited towards payment of the actual Range Mountain Backdrop Protection Study cost of Ruedi Dam and Reservoir, the Foun- accelerated in recent years, the pris- Act: Study Area’’ and dated August 27, 2008. tain Valley Pipeline, and the South Outlet (B) EXCLUSIONS.—The term ‘‘study area’’ tine nature of the park’s backcountry Works at Pueblo Dam and Reservoir plus in- does not include land within the city limits becomes an increasingly rare feature of terest in an amount determined in accord- of the cities of Arvada, Boulder, or Golden, Colorado’s landscape. Further, the ance with this section. Colorado. park’s popularity demands definitive ‘‘(B) EFFECT.—Nothing in the Federal rec- (4) UNDEVELOPED LAND.—The term ‘‘unde- and permanent protection for wild lamation law (the Act of June 17, 1902 (32 veloped land’’ means land— areas against possible pressures for de- Stat. 388, chapter 1093), and Acts supple- (A) that is located within the study area; velopment within the park. While only mental to and amendatory of that Act (43 (B) that is free or primarily free of struc- U.S.C. 371 et seq.)) prohibits the concurrent about one tenth the size of Yellowstone tures; and crediting of revenue (with interest as pro- (C) the development of which is likely to National Park, Rocky Mountain Na- vided under this section) towards payment of affect adversely the scenic, wildlife, or rec- tional Park sees nearly the same num- the Arkansas Valley Conduit as provided reational value of the study area. ber of visitors each year. At the same under this paragraph. SEC. 4. COLORADO NORTHERN FRONT RANGE time, designating these carefully se- ‘‘(3) ARKANSAS VALLEY CONDUIT.— MOUNTAIN BACKDROP STUDY. lected portions of Rocky Mountain as ‘‘(A) USE OF REVENUE.—Notwithstanding (a) STUDY; REPORT.—Not later than 1 year wilderness will make other areas, now the reclamation laws, any revenue derived after the date of enactment of this Act and restricted under interim wilderness from contracts for the use of Fryingpan-Ar- except as provided in subsection (c), the Sec- kansas project excess capacity or exchange retary shall— protection management, available for contracts using Fryingpan-Arkansas project (1) conduct a study of the land within the overdue improvements to park roads facilities shall be credited towards payment study area; and and visitor facilities. of the actual cost of the Arkansas Valley (2) complete a report that— In summary, the Rocky Mountain Conduit plus interest in an amount deter- (A) identifies the present ownership of the National Park Wilderness and Indian mined in accordance with this section. land within the study area;

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(B) identifies any undeveloped land that authority of the Federal Government to ac- ‘‘(2) NATCHEZ TRACE NATIONAL SCENIC may be at risk of development; and quire fee title under this paragraph shall be TRAIL.— (C) describes any actions that could be limited to an average of not more than 1⁄4 ‘‘(A) IN GENERAL.—With respect to the taken by the United States, the State, a po- mile on either side of the trail.’’. Natchez Trace National Scenic Trail (re- litical subdivision of the State, or any other (d) LEWIS AND CLARK NATIONAL HISTORIC ferred to in this paragraph as the ‘trail’) des- parties to preserve the open and undeveloped TRAIL.—Section 5(a)(6) of the National Trails ignated by section 5(a)(12)— character of the land within the study area. System Act (16 U.S.C. 1244(a)(6)) is amended ‘‘(i) not more than $500,000 shall be appro- (b) REQUIREMENTS.—The Secretary shall by adding at the end the following: ‘‘No land priated for the acquisition of land or inter- conduct the study and develop the report or interest in land outside the exterior ests in land for the trail; and under subsection (a) with the support and boundaries of any federally administered ‘‘(ii) not more than $2,000,000 shall be ap- participation of 1 or more of the following area may be acquired by the Federal Govern- propriated for the development of the trail. State and local entities: ment for the trail except with the consent of ‘‘(B) PARTICIPATION BY VOLUNTEER TRAIL (1) The Colorado Department of Natural the owner of the land or interest in land. The GROUPS.—The administering agency for the Resources. authority of the Federal Government to ac- trail shall encourage volunteer trail groups (2) Colorado State Forest Service. quire fee title under this paragraph shall be to participate in the development of the (3) Colorado State Conservation Board. limited to an average of not more than 1⁄4 trail.’’. (4) Great Outdoors Colorado. mile on either side of the trail.’’. (5) Boulder, Jefferson, and Gilpin Counties, (e) IDITAROD NATIONAL HISTORIC TRAIL.— S. 190 Colorado. Section 5(a)(7) of the National Trails System Be it enacted by the Senate and House of Rep- (c) LIMITATION.—If the State and local en- Act (16 U.S.C. 1244(a)(7)) is amended by add- resentatives of the United States of America in tities specified in subsection (b) do not sup- ing at the end the following: ‘‘No land or in- Congress assembled, port and participate in the conduct of the terest in land outside the exterior bound- SECTION 1. SHORT TITLE. study and the development of the report aries of any federally administered area may This Act may be cited as the ‘‘Rocky under this section, the Secretary may— be acquired by the Federal Government for Mountain National Park Wilderness and In- (1) decrease the area covered by the study the trail except with the consent of the dian Peaks Wilderness Expansion Act’’. area, as appropriate; or owner of the land or interest in land. The au- SEC. 2. PURPOSES. (2)(A) opt not to conduct the study or de- thority of the Federal government to acquire The purposes of this Act are— velop the report; and fee title under this paragraph shall be lim- (1) to include in the National Wilderness (B) submit to the Committee on Energy ited to an average of not more than 1⁄4 mile Preservation System certain land within the and Natural Resources of the Senate and the on either side of the trail.’’. Rocky Mountain National Park, Colorado, to Committee on Natural Resources of the (f) NORTH COUNTRY NATIONAL SCENIC protect— House of Representatives notice of the deci- TRAIL.—Section 5(a)(8) of the National Trails (A) the enduring scenic and historic wilder- sion not to conduct the study or develop the System Act (16 U.S.C. 1244(a)(8)) is amended ness character and unique wildlife values of report. by adding at the end the following: ‘‘No land the land; and (d) EFFECT.—Nothing in this Act author- or interest in land outside the exterior (B) the scientific, educational, inspira- izes the Secretary to take any action that boundaries of any federally administered tional, and recreational resources, values, would affect the use of any land not owned area may be acquired by the Federal Govern- and opportunities of the land; and by the United States. ment for the trail except with the consent of (2) to adjust the boundaries of the Indian the owner of the land or interest in land.’’. Peaks Wilderness and Arapaho National S. 189 (g) ICE AGE NATIONAL SCENIC TRAIL.—Sec- Recreation Area of the Arapaho National Be it enacted by the Senate and House of tion 5(a)(10) of the National Trails System Forest. Act (16 U.S.C. 1244(a)(10)) is amended by add- Representatives of the United States of America SEC. 3. DEFINITIONS. ing at the end the following: ‘‘No land or in- in Congress assembled, In this Act: terest in land outside the exterior bound- SECTION 1. SHORT TITLE. (1) MAP.—The term ‘‘Map’’ means the map aries of any federally administered area may This Act may be cited as ‘‘National Trails entitled ‘‘Rocky Mountain National Park, be acquired by the Federal Government for System Willing Seller Act’’. Colorado Wilderness Boundaries’’ and dated the trail except with the consent of the September 2006. SEC. 2. AUTHORITY TO ACQUIRE LAND FROM owner of the land or interest in land.’’. WILLING SELLERS FOR CERTAIN (2) PARK.—The term ‘‘Park’’ means the (h) POTOMAC HERITAGE NATIONAL SCENIC TRAILS. Rocky Mountain National Park in the State. TRAIL.—Section 5(a)(11) of the National (a) OREGON NATIONAL HISTORIC TRAIL.— (3) POTENTIAL WILDERNESS LAND.—The term Trails System Act (16 U.S.C. 1244(a)(11)) is Section 5(a)(3) of the National Trails System ‘‘potential wilderness land’’ means— amended— Act (16 U.S.C. 1244(a)(3)) is amended by add- (1) by striking the fourth and fifth sen- (A) the land identified on the Map as po- ing at the end the following: ‘‘No land or in- tences; and tential wilderness; and terest in land outside the exterior bound- (2) by adding at the end the following: ‘‘No (B) any land acquired by the United States aries of any federally administered area may land or interest in land outside the exterior on or after the date of enactment of this Act be acquired by the Federal Government for boundaries of any federally administered that is— the trail except with the consent of the area may be acquired by the Federal Govern- (i) located within the boundaries of the owner of the land or interest in land. The au- ment for the trail except with the consent of Park; and thority of the Federal Government to ac- the owner of the land or interest in land.’’. (ii) contiguous with any land designated as quire fee title under this paragraph shall be (i) NEZ PERCE NATIONAL HISTORIC TRAIL.— wilderness by section 4(a). limited to an average of not more than 1⁄4 Section 5(a)(14) of the National Trails Sys- (4) SECRETARY.—The term ‘‘Secretary’’ mile on either side of the trail.’’. tem Act (16 U.S.C. 1244(a)(14)) is amended— means the Secretary of the Interior. (b) MORMON PIONEER NATIONAL HISTORIC (1) by striking the fourth and fifth sen- (5) STATE.—The term ‘‘State’’ means the TRAIL.—Section 5(a)(4) of the National Trails tences; and State of Colorado. System Act (16 U.S.C. 1244(a)(4)) is amended (2) by adding at the end the following: ‘‘No (6) TRAIL.—The term ‘‘Trail’’ means the by adding at the end the following: ‘‘No land land or interest in land outside the exterior East Shore Trail established under section or interest in land outside the exterior boundaries of any federally administered 5(a). boundaries of any federally administered area may be acquired by the Federal Govern- (7) WILDERNESS.—The term ‘‘Wilderness’’ area may be acquired by the Federal Govern- ment for the trail except with the consent of means the Rocky Mountain National Park ment for the trail except with the consent of the owner of the land or interest in land. The Wilderness designated by section 4(a). the owner of the land or interest in land. The authority of the Federal Government to ac- SEC. 4. ROCKY MOUNTAIN NATIONAL PARK WIL- authority of the Federal Government to ac- quire fee title under this paragraph shall be DERNESS. quire fee title under this paragraph shall be limited to an average of not more than 1⁄4 (a) DESIGNATION.—In furtherance of the limited to an average of not more than 1⁄4 mile on either side of the trail.’’. purposes of the Wilderness Act (16 U.S.C. 1131 mile on either side of the trail.’’. SEC. 3. CONFORMING AMENDMENT. et seq.), there is designated as wilderness and (c) CONTINENTAL DIVIDE NATIONAL SCENIC Section 10 of the National Trails System as a component of the National Wilderness TRAIL.—Section 5(a)(5) of the National Trails Act (16 U.S.C. 1249 is amended by striking Preservation System approximately 249,339 System Act (16 U.S.C. 1244(a)(5)) is amended subsection (c) and inserting the following: acres of land in the Park, as generally de- by adding at the end the following: ‘‘No land ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— picted on the Map, which shall be known as or interest in land outside the exterior ‘‘(1) IN GENERAL.—Except as otherwise pro- the ‘‘Rocky Mountain National Park Wilder- boundaries of any federally administered vided in this Act, there are authorized to be ness’’. area may be acquired by the Federal Govern- appropriated such sums as are necessary to (b) MAP AND BOUNDARY DESCRIPTION.— ment for the trail except with the consent of implement the provisions of this Act relat- (1) IN GENERAL.—As soon as practicable the owner of the land or interest in land. The ing to the trails designated by section 5(a). after the date of enactment of this Act, the

VerDate Mar 15 2010 08:24 Jun 07, 2011 Jkt 079102 PO 00000 Frm 00054 Fmt 0686 Sfmt 0634 E:\BR09\S08JA9.001 S08JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 8, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 349 Secretary shall submit to the Committee on (iii) based on the findings described in (i) shall be allowed to continue; and Resources of the House of Representatives clauses (i) and (ii), there is no need for the (ii) shall not be affected by the designation and the Committee on Energy and Natural United States to reserve or appropriate any of the Wilderness under this section. Resources of the Senate a map and boundary additional water rights to fulfill the pur- (B) EFFECT.—Nothing in this Act or the description of the Wilderness. poses of the Wilderness. designation of the Wilderness shall prohibit (2) AVAILABILITY.—The map and boundary (B) NO RESERVATION OF WATER RIGHTS.— or restrict the conveyance of any water description submitted under paragraph (1) Nothing in this Act or any action carried out through the Alva B. Adams Tunnel for any shall be on file and available for public in- pursuant to this Act shall constitute an ex- purpose. spection in the Office of the Director of the press or implied reservation by the United (C) NEW RECLAMATION PROJECTS.—Nothing National Park Service. States of water or water rights for any pur- in the first section of the Act of January 26, (3) CORRECTIONS.—The Secretary may cor- pose. 1915 (16 U.S.C. 191), shall be construed to rect clerical and typographical errors in the (4) GRAND RIVER DITCH.— allow development in the Wilderness of any map and boundary description submitted (A) LIABILITY.—Notwithstanding any other reclamation project not in existence as of under paragraph (1). provision of law, or any stipulation or appli- the date of enactment of this Act. (4) EFFECT.—The map and boundary de- cable agreement, during any period in which (6) NO BUFFER ZONE.— the Water Supply and Storage Company (or scription submitted under paragraph (1) shall (A) IN GENERAL.—Nothing in this Act cre- have the same force and effect as if included any successor in interest to the Water Sup- ates a protective perimeter or buffer zone in this Act. ply and Storage Company with respect to the around the Wilderness. Grand River Ditch) operates and maintains (c) INCLUSION OF POTENTIAL WILDERNESS (B) ACTIVITIES OUTSIDE WILDERNESS.—The the portion of the Grand River Ditch within LAND.— fact that a nonwilderness activity or use can the Park in compliance with an operations (1) IN GENERAL.—On publication in the Fed- be seen or heard from within the Wilderness and maintenance agreement between the eral Register of a notice by the Secretary shall not preclude the conduct of the activ- Water Supply and Storage Company and the that all uses of a parcel of potential wilder- ity or use outside the boundary of the Wil- National Park Service entered into on ness land inconsistent with the Wilderness derness. Act (16 U.S.C. 1131 et seq.) have ceased, the llllllllllll, no individual or enti- ty who owns, controls, or operates the Grand (7) FIRE, INSECT, AND DISEASE CONTROL.—In parcel shall be— accordance with section 4(d)(1) of the Wilder- (A) included in the Wilderness; and River Ditch shall be liable for any response costs or for any damages to, loss of, or injury ness Act (16 U.S.C. 1133(d)(1)), the Secretary (B) managed in accordance with this sec- may take such measures in the Wilderness as tion. to the resources of the Park resulting from any cause or event (including, but not lim- are necessary to control fire, insects, and (2) MAP AND BOUNDARY DESCRIPTION.—The diseases, including the use of mechanized Secretary shall modify the map and bound- ited to, water escaping from any part of the Grand River Ditch by overflow or as a result tools, subject to such conditions as the Sec- ary description prepared under subsection (b) retary determines to be desirable. to reflect the inclusion of the parcel in the of a breach, failure, or partial failure of any (8) MANAGEMENT AUTHORITY.—Nothing in Wilderness. portion of the Grand River Ditch, including the portion of the ditch located outside the this Act shall be construed as reducing or re- (d) EXCLUSION OF CERTAIN LAND.—The stricting the authority of the Secretary to boundaries of the Wilderness shall specifi- Park), unless the damages to, loss of, or in- jury to the resources are proximately caused manage the lands and other resources within cally exclude: by the negligence or an intentional act of the Park pursuant to the Act of January 26, (1) The Grand River Ditch (including the the individual or entity. 1915 (16 U.S.C. 191), and other laws applicable main canal of the Grand River Ditch and a (B) LIMITATION.—Nothing in this section to the Park as of the date of enactment of branch of the main canal known as the limits or otherwise affects any liability of this Act. ‘‘Specimen Ditch’’), the right-of-way for the any individual or entity for damages to, loss Grand River Ditch, land 200 feet on each side SEC. 5. EAST SHORE TRAIL AREA IN ROCKY of, or injury to any resource of the Park re- of the marginal limits of the Ditch, and any MOUNTAIN NATIONAL PARK. sulting from any cause or event that oc- associated appurtenances, structures, build- curred before the date of enactment of this (a) IN GENERAL.—Not later than 1 year ings, camps, and work sites in existence as of Act. after the date of enactment of this Act, the June 1, 1998. (C) EXISTING ACTIVITIES.—Nothing in this Secretary shall establish within the East (2) Land owned by the St. Vrain & Left Act, including the designation of the Wilder- Shore Trail Area in Rocky Mountain Na- Hand Water Conservancy District, including ness under this section, shall restrict or oth- Copeland Reservoir and the Inlet Ditch to tional Park an alignment line for a trail, to erwise affect any activity (including an ac- be known as the ‘‘East Shore Trail’’, to the Reservoir from the North St. Vrain tivity carried out in response to an emer- maximize the opportunity for sustained use Creek, comprising approximately 35.38 acres. gency or catastrophic event) on, under, or af- (3) Lands owned by the Wincentsen-Harms fecting the Wilderness or land excluded of the Trail without causing— Trust, comprising approximately 2.75 acres. under subsection (d)(1) relating to the moni- (1) harm to affected resources; or (4) Land within the area depicted as the toring, operation, maintenance, repair, re- (2) conflicts among users. ‘‘East Shore Trail Area’’ on the map pre- placement, or use of the Grand River Ditch (b) BOUNDARIES.— pared under subsection (b)(1). that was authorized or approved by the Sec- (1) IN GENERAL.—After establishing the (e) ADMINISTRATION.— retary as of the date of enactment of this alignment line for the Trail under subsection (1) IN GENERAL.—Subject to valid existing Act. (a), the Secretary shall— rights, any land designated as wilderness (D) NO EFFECT.—Notwithstanding any (A) identify the boundaries of the Trail, under subsection (a) or added to the Wilder- other provision of any previous or existing which shall not extend more than 25 feet east ness after the date of enactment of this Act law, any stipulation, or any agreement, or of the alignment line or be located within under subsection (c) shall be administered by interpretation thereof, use of water trans- the wilderness area; and the Secretary in accordance with— ported by the Grand River Ditch for a main (B) modify the map of the Wilderness pre- (A) the Wilderness Act (16 U.S.C. 1131 et purpose or main purposes other than irriga- pared under section 4(b)(1) so that the west- seq.); and tion shall not terminate or adversely affect ern boundary of the Wilderness is 50 feet east (B) this Act. the right-of-way of the Grand River Ditch, of the alignment line. (2) EFFECTIVE DATE OF WILDERNESS ACT.— and such right-of-way shall not be deemed (2) ADJUSTMENTS.—To the extent necessary With respect to the land designated as Wil- relinquished, forfeited, or lost, solely be- to protect National Park System resources, derness by subsection (a) or added to the Wil- cause such water is used for a main purpose the Secretary may adjust the boundaries of derness after the date of enactment of this or main purposes other than irrigation. the Trail, if the adjustment does not place Act under subsection (c), any reference in (5) COLORADO-BIG THOMPSON PROJECT AND any portion of the Trail within the boundary the Wilderness Act (16 U.S.C. 1131 et seq.) to WINDY GAP PROJECT.— of the Wilderness. the effective date of the Wilderness Act shall (A) EXISTING ACTIVITIES.—Activities (in- be deemed to be a reference to the date of en- cluding activities that are necessary because (c) INCLUSION IN WILDERNESS.—On comple- actment of this Act or the date of enactment of emergencies or catastrophic events) on, tion of the construction of the Trail, as au- of the Act adding the land to the Wilderness, under, or affecting the Wilderness relating to thorized by the Secretary— respectively. the monitoring, operation, maintenance, re- (1) any portion of the East Shore Trail (3) WATER RIGHTS.— pair, replacement, or use of the Alva B. Area that is not traversed by the Trail, that (A) FINDINGS.—Congress finds that— Adams Tunnel at its designed capacity and is not west of the Trail, and that is not with- (i) according to decisions of the State all other Colorado-Big Thompson Project fa- in 50 feet of the centerline of the Trail shall courts, the United States has existing rights cilities located within the Park that were al- be— to water within the Park; lowed as of the date of enactment of this Act (A) included in the Wilderness; and (ii) the existing water rights are sufficient under the Act of January 26, 1915 (16 U.S.C. (B) managed as part of the Wilderness in for the purposes of the Wilderness; and 191)— accordance with section 4; and

VerDate Mar 15 2010 08:24 Jun 07, 2011 Jkt 079102 PO 00000 Frm 00055 Fmt 0686 Sfmt 0634 E:\BR09\S08JA9.001 S08JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 350 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 January 8, 2009 (2) the Secretary shall modify the map and States; to the Committee on the Judi- States and only 61 percent in the re- boundary description of the wilderness pre- ciary. maining 35 States. pared under section 4(b)(1) to reflect the in- Mr. NELSON of Florida. Mr. Presi- The simple and straightforward con- clusion of the East Shore Trail Area land in dent, earlier today, the Congress met the Wilderness. stitutional amendment simply provides (d) EFFECT.—Nothing in this section— in a joint session, as it does every 4 for the direct election of the President (1) requires the construction of the Trail years in early January, to conduct the and Vice President, based on the na- along the alignment line established under official count of the electoral ballots tional popular vote from the 50 States, subsection (a); or from the States. Most Americans pay the U.S. territories, and the District of (2) limits the extent to which any other- no attention to this ritual, believing Columbia. wise applicable law or policy applies to any that presidential elections in this The proposed amendment also con- decision with respect to the construction of country get decided on Election Day. the Trail. firms—consistent with the vision of the (e) RELATION TO LAND OUTSIDE WILDER- But it is the votes of the Electoral Col- Framers—that it is within Congress’s NESS.— lege, presented by each State to the power to set the time, place and man- (1) IN GENERAL.—Except as provided in this Congress, that determine who our next ner—as well as other key criteria—for subsection, nothing in this Act shall affect President and Vice President are going holding Federal elections. Unlike some the management or use of any land not in- to be. We are the beacon of democracy proposed constitutional amendments cluded within the boundaries of the Wilder- in the world, and yet, voters in this ness or the potential wilderness land. that have been introduced in the past, country do not have the opportunity to my proposal does not delve into addi- (2) MOTORIZED VEHICLES AND MACHINERY.— elect their leaders directly. No use of motorized vehicles or other motor- tional detail by specifying the quali- ized machinery that was not permitted on Today, I am introducing a constitu- fications for voters or by imposing a March 1, 2006, shall be allowed in the East tional amendment to abolish the Elec- majority requirement for an election, Shore Trail Area except as the Secretary de- toral College to allow direct election of leaving those issues for the Congress to termines to be necessary for use in— the President by popular vote. If the address through the legislative process. (A) constructing the Trail, if the construc- principle of one person, one vote is to Rather, the amendment keeps the tion is authorized by the Secretary; or mean anything, it is that the candidate (B) maintaining the Trail. focus where it belongs—on enshrining who wins a majority of the votes wins in our Constitution the principle of one (3) MANAGEMENT OF LAND BEFORE INCLU- the Presidency, and votes for every SION.—Until the Secretary authorizes the person, one vote, in the election of our construction of the Trail and the use of the candidate from every State should President. Trail for non-motorized bicycles, the East count. I first introduced this constitutional On only a few occasions in our his- Shore Trail Area shall be managed— amendment during the previous Con- tory, the candidate who lost the pop- (A) to protect any wilderness characteris- gress, as part of a broader package of tics of the East Shore Trail Area; and ular vote won the Electoral College and reforms that also included measures to (B) to maintain the suitability of the East became president. In 2000, George W. make it easier to vote, for example, by Shore Trail Area for inclusion in the Wilder- Bush actually lost the nationwide pop- encouraging early voting or no-fault ness. ular election to Al Gore by nearly absentee voting; to ensure that there is SEC. 6. INDIAN PEAKS WILDERNESS AND ARAP- 544,000 votes, yet won the presidency in AHO NATIONAL RECREATION AREA a verifiable paper ballot so that every a Supreme Court showdown over Flor- BOUNDARY ADJUSTMENT. vote cast gets counted; and to allow ida’s Electoral College votes that (a) INDIAN PEAKS WILDERNESS BOUNDARY voters, not party bosses, to select pres- ADJUSTMENT.—Section 3(a) of the Indian hinged on far fewer disputed State bal- idential candidates. I plan to file these Peaks Wilderness Area, the Arapaho Na- lots. That dispute undermined Ameri- other election reforms early in this tional Recreation Area and the Oregon Is- cans’ confidence in our democracy and Congress. lands Wilderness Area Act (16 U.S.C. 1132 should not be allowed to happen again. note; Public Law 95–450) is amended— In addition, the Electoral College Mr. President, I ask unanimous con- (1) by striking ‘‘seventy thousand acres’’ skews the way candidates for president sent that the text of the joint resolu- and inserting ‘‘74,195 acres’’; and tion be printed in the RECORD. (2) by striking ‘‘dated July 1978’’ and in- campaign, causing them to focus only serting ‘‘dated May 2007’’. on contested ‘‘battleground States’’. As There being no objection, the text of (b) ARAPAHO NATIONAL RECREATION AREA the Miami Herald recognized in an edi- the joint resolution was ordered to be BOUNDARY ADJUSTMENT.—Section 4(a) of the torial published the day after the 2008 printed in the RECORD, as follows: Indian Peaks Wilderness Area, the Arapaho election, the Electoral College is a S.J. RES. 4 National Recreation Area and the Oregon Is- ‘‘horse-and-buggy-era political con- lands Wilderness Area Act (16 U.S.C. 460jj(a)) Resolved by the Senate and House of Rep- is amended— traption,’’ which effectively shuts out resentatives of the United States of America in (1) by striking ‘‘thirty-six thousand two the majority of Americans—those who Congress assembled, That the following article hundred thirty-five acres’’ and inserting don’t live in one of the key battle- is proposed as an amendment to the Con- ‘‘35,235 acres’’; and ground States—from any meaningful stitution of the United States, which shall be (2) by striking ‘‘dated July 1978’’ and in- participation in the selection of our valid to all intents and purposes as part of serting ‘‘dated May 2007’’. President. the Constitution when ratified by the legis- latures of three-fourths of the several States SEC. 7. AUTHORITY TO LEASE LEIFFER TRACT. A recently released study by (a) IN GENERAL.—Section 3(k) of Public within seven years after the date of its sub- FairVote, the Center for Voting and mission by the Congress: Law 91–383 (16 U.S.C. 1a–2(k)) shall apply to Democracy, documents just how lop- the parcel of land described in subsection (b). ‘‘ARTICLE— (b) DESCRIPTION OF THE LAND.—The parcel sided the Electoral College has made ‘‘SECTION 1. The President and Vice Presi- of land referred to in subsection (a) is the presidential elections: more than 98 dent shall be jointly elected by the direct parcel of land known as the ‘‘Leiffer tract’’ percent of all campaign events and vote of the qualified electors of the several that is— more than 98 percent of all campaign States and territories and the District con- (1) located near the eastern boundary of spending occurred in 15 large and small stituting the seat of Government of the Rocky Mountain National Park in Larimer battleground States representing 36.6 United States. The electors in each State, County, Colorado; and percent of the Nation’s eligible voter territory, and the District constituting the (2) administered by the National Park seat of Government of the United States Service. population. Of the 300 campaign events by the major presidential candidates shall have the qualifications requisite for By Mr. NELSON of Florida: held between September 5 and Novem- electors of the most numerous branch of the S.J. Res. 4. A joint resolution pro- ber 4, 2008, fully 57 percent of these legislative body where they reside. posing an amendment to the Constitu- events took place in four States—Ohio, ‘‘SECTION 2. Congress may determine the time, place, and manner of holding the elec- tion of the United States to abolish the Florida, Pennsylvania, and Virginia— tion, the entitlement to inclusion on the bal- electoral college and to provide for the representing just 17 percent of the Na- lot, and the manner in which the results of direct popular election of the President tion’s eligible voters. Voter turnout the election shall be ascertained and de- and Vice President of the United was 67 percent in the 15 battleground clared.’’.

VerDate Mar 15 2010 08:24 Jun 07, 2011 Jkt 079102 PO 00000 Frm 00056 Fmt 0686 Sfmt 0634 E:\BR09\S08JA9.002 S08JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 8, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 351 SUBMITTED RESOLUTIONS gal coup against the forces of President SENATE RESOLUTION 11—TO AU- Mahmoud Abbas, the legitimate President of THORIZE PRODUCTION OF DOCU- the Palestinian people. Hamas has used Gaza MENTS TO THE DEPARTMENT OF SENATE RESOLUTION 10—RECOG- as a launching pad for rockets against Israeli DEFENSE INSPECTOR GENERAL NIZING THE RIGHT OF ISRAEL cities and has contributed deeply to a very Mr. REID (for himself and Mr. TO DEFEND ITSELF AGAINST AT- bad daily life for the Palestinian people in MCCONNELL) submitted the following TACKS FROM GAZA AND RE- Gaza, and to a humanitarian situation that resolution; which was considered and AFFIRMING THE UNITED we have all been trying to address’’; agreed to: STATES’ STRONG SUPPORT FOR Whereas the humanitarian situation in ISRAEL IN ITS BATTLE WITH Gaza, including shortages of food, water, S. RES. 11 electricity, and adequate medical care, is be- HAMAS, AND SUPPORTING THE Whereas, last Congress the Committee on coming more acute; Armed Services conducted a staff inquiry ISRAELI-PALESTINIAN PEACE Whereas Israel has facilitated humani- into allegations regarding irregularities in PROCESS tarian aid to Gaza with over 500 trucks and the administration of a contract for Mr. REID (for himself, Mr. MCCON- numerous ambulances entering the Gaza logistical support in Iraq by the Department NELL, Mr. KERRY, Mr. LUGAR, Mr. DUR- Strip since December 26, 2008; of the Army; Whereas, upon the completion of the Com- BIN, Mr. KYL, Mr. LEVIN, Mr. Whereas, on January 2, 2009, Secretary of mittee’s staff inquiry, the Chairman and CHAMBLISS, Mr. LIEBERMAN, Mr. HATCH, State Rice stated that it was ‘‘Hamas that rejected the Egyptian and Arab calls for an Ranking Member referred to the Acting In- Mrs. BOXER, Mr. BOND, Mr. SCHUMER, spector General of the Department of De- extension of the tahadiya that Egypt had ne- Mr. DEMINT, Mr. LAUTENBERG, Mr. fense for review allegations regarding the gotiated’’ and that the United States was THUNE, Ms. LANDRIEU, Mr. CRAPO, Mr. Administration of this LOGCAP contract; ‘‘working toward a cease-fire that would not Whereas, by the privileges of the Senate of MENENDEZ, Mr. MARTINEZ, Ms. MIKUL- allow a reestablishment of the status quo SKI, Mr. NELSON of Florida, Mr. CASEY, the United States and Rule XI of the Stand- ante where Hamas can continue to launch ing Rules of the Senate, no evidence under Mr. PRYOR, Mr. DORGAN, Mr. CARPER, rockets out of Gaza. It is obvious that that the control or in the possession of the Senate Mr. BAUCAS, Mr. BAYH, Mr. JOHNSON, cease-fire should take place as soon as pos- may, by the judicial or administrative proc- Mrs. LINCOLN, Mr. BROWN, and Mr. sible, but we need a cease-fire that is durable ess, be taken from such control or possession CARDIN) submitted the following reso- and sustainable’’; and but by permission of the Senate; lution; which was considered and Whereas the ultimate goal of the United Whereas, when it appears that evidence agreed to: States is a sustainable resolution of the under the control or in the possession of the Senate may promote the administration of S. RES. 10 Israeli-Palestinian conflict that will allow for a viable and independent Palestinian justice, the Senate will take such action as Whereas Hamas was founded with the stat- state living side by side in peace and secu- will promote the ends of justice consistent ed goal of destroying the State of Israel; with the privileges of the Senate: Now, Whereas Hamas has been designated by the rity with the State of Israel, which will not be possible as long as Israeli civilians are therefore, be it Secretary of State as a Foreign Terrorist Or- Resolved, That the Chairman and Ranking under threat from within Gaza: Now, there- ganization; Member of the Armed Services Committee, Whereas Hamas has refused to comply with fore, be it acting jointly, are authorized to produce to the requirements of the Quartet (the United Resolved, That the Senate— the Department of Defense Inspector General States, the European Union, Russia, and the (1) expresses vigorous support and unwav- records of the Committee’s staff inquiry into United Nations) that Hamas recognize ering commitment to the welfare, security, allegations relating to the administration of Israel’s right to exist, renounce violence, and and survival of the State of Israel as a Jew- the Army’s LOGCAP contract. agree to accept previous agreements between ish and democratic state with secure bor- f Israel and the Palestinians; ders, and recognizes its right to act in self- Whereas, in June 2006, Hamas crossed into defense to protect its citizens against acts of AMENDMENTS SUBMITTED AND Israel, attacked Israeli forces and kidnapped terrorism; PROPOSED Corporal Gilad Shalit, whom they continue to hold today; (2) reiterates that Hamas must end the SA 1. Mr. COBURN submitted an amend- Whereas Hamas has launched thousands of rocket and mortar attacks against Israel, ment intended to be proposed by him to the rockets and mortars since Israel dismantled recognize Israel’s right to exist, renounce vi- bill S. 22, to designate certain land compo- settlements and withdrew from Gaza in 2005; olence, and agree to accept previous agree- nents of the National Wilderness Preserva- Whereas Hamas has increased the range of ments between Israel and the Palestinians; tion System, to authorize certain programs its rockets, reportedly with support from (3) encourages the President to work ac- and activities in the Department of the Inte- Iran and others, putting additional large tively to support a durable, enforceable, and rior and the Department of Agriculture, and numbers of Israelis in danger of rocket at- sustainable cease-fire in Gaza, as soon as for other purposes; which was ordered to lie tacks from Gaza; possible, that prevents Hamas from retaining on the table. SA 2. Mr. COBURN submitted an amend- Whereas Hamas locates elements of its ter- or rebuilding the capability to launch rock- ment intended to be proposed by him to the rorist infrastructure in civilian population ets and mortars against Israel and allows for bill S. 22, supra; which was ordered to lie on centers, thus using innocent civilians as the long term improvement of daily living the table. human shields; conditions for the ordinary people of Gaza; SA 3. Mr. COBURN submitted an amend- Whereas Secretary of State Condoleezza (4) believes strongly that the lives of inno- ment intended to be proposed by him to the Rice said in a statement on December 27, cent civilians must be protected and all ap- bill S. 22, supra; which was ordered to lie on 2008, that ‘‘[w]e strongly condemn the re- propriate measures should be taken to di- the table. peated rocket and mortar attacks against minish civilian casualties and that all in- SA 4. Mr. COBURN submitted an amend- Israel and hold Hamas responsible for break- volved should continue to work to address ment intended to be proposed by him to the ing the ceasefire and for the renewal of vio- humanitarian needs in Gaza; bill S. 22, supra; which was ordered to lie on lence there’’; (5) supports and encourages efforts to di- the table. Whereas, on December 27, 2008, Prime Min- SA 5. Mr. COBURN submitted an amend- ister of Israel Ehud Olmert said, ‘‘For ap- minish the appeal and influence of extrem- ists in the Palestinian territories and to ment intended to be proposed by him to the proximately seven years, hundreds of thou- bill S. 22, supra; which was ordered to lie on strengthen moderate Palestinians who are sands of Israeli citizens in the south have the table. been suffering from missiles being fired at committed to a secure and lasting peace SA 6. Mr. COBURN submitted an amend- them. . . . In such a situation we had no al- with Israel; and ment intended to be proposed by him to the ternative but to respond. We do not rejoice (6) reiterates its strong support for United bill S. 22, supra; which was ordered to lie on in battle but neither will we be deterred States Government efforts to promote a just the table. from it. . . . The operation in the Gaza Strip resolution of the Israeli-Palestinian conflict SA 7. Mr. COBURN submitted an amend- is designed, first and foremost, to bring through a serious and sustained peace proc- ment intended to be proposed by him to the about an improvement in the security re- ess that leads to the creation of a viable and bill S. 22, supra; which was ordered to lie on ality for the residents of the south of the independent Palestinian state living in peace the table. country.’’; alongside a secure State of Israel. SA 8. Mr. COBURN submitted an amend- Whereas, on January 2, 2009, Secretary of ment intended to be proposed by him to the State Rice stated that ‘‘Hamas has held the bill S. 22, supra; which was ordered to lie on people of Gaza hostage ever since their ille- the table.

VerDate Mar 15 2010 08:24 Jun 07, 2011 Jkt 079102 PO 00000 Frm 00057 Fmt 0686 Sfmt 0634 E:\BR09\S08JA9.002 S08JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 352 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 January 8, 2009 SA 9. Mr. COBURN submitted an amend- Wilderness Preservation System, to au- other purposes; which was ordered to ment intended to be proposed by him to the thorize certain progams and activities lie on the table; as follows: bill S. 22, supra; which was ordered to lie on in the Department of the Interior and At the end of title XIII, add the following: the table. the Department of Agriculture, and for SA 10. Mr. COBURN submitted an amend- SEC. 13ll. EMINENT DOMAIN. ment intended to be proposed by him to the other purposes; which was ordered to Notwithstanding any other provision of bill S. 22, supra; which was ordered to lie on lie on the table; as follows: this Act (or an amendment made by this the table. Strike subtitle C of title III. Act), no land or interest in land shall be ac- SA 11. Mr. COBURN submitted an amend- quired under this Act by eminent domain. ment intended to be proposed by him to the SA 4. Mr. COBURN submitted an bill S. 22, supra; which was ordered to lie on amendment intended to be proposed by SA 10. Mr. COBURN submitted an the table. him to the bill S. 22, to designate cer- amendment intended to be proposed by SA 12. Mr. COBURN submitted an amend- tain land components of the National him to the bill S. 22, to designate cer- ment intended to be proposed by him to the Wilderness Preservation System, to au- tain land components of the National bill S. 22, supra; which was ordered to lie on thorize certain progams and activities Wilderness Preservation System, to au- the table. in the Department of the Interior and thorize certain programs and activities SA 13. Mr. COBURN submitted an amend- in the Department of the Interior and ment intended to be proposed by him to the the Department of Agriculture, and for bill S. 22, supra; which was ordered to lie on other purposes; which was ordered to the Department of Agriculture, and for the table. lie on the table; as follows: other purposes; which was ordered to lie on the table; as follows: f Strike part I of subtitle A of title X. At the end of title XIII, add the following: TEXT OF AMENDMENTS SA 5. Mr. COBURN submitted an SEC. 13lll. ANNUAL REPORT RELATING TO amendment intended to be proposed by LAND OWNED BY FEDERAL GOVERN- MENT. SA 1. Mr. COBURN submitted an him to the bill S. 22, to designate cer- tain land components of the National (a) ANNUAL REPORT.— amendment intended to be proposed by (1) IN GENERAL.—Subject to paragraph (2), him to the bill S. 22, to designate cer- Wilderness Preservation System, to au- not later than May 15, 2009, and annually tain land components of the National thorize certain programs and activities thereafter, the Director of the Office of Man- Wilderness Preservation System, to au- in the Department of the Interior and agement and Budget (referred to in this sec- thorize certain programs and activities the Department of Agriculture, and for tion as the ‘‘Director’’) shall ensure that a in the Department of the Interior and other purposes; which was ordered to report that contains the information de- the Department of Agriculture, and for lie on the table; as follows: scribed in subsection (b) is posted on a pub- Strike section 7405. licly available website. other purposes; which was ordered to (2) EXTENSION RELATING TO CERTAIN SEG- lie on the table; as follows: SA 6. Mr. COBURN submitted an MENT OF REPORT.—With respect to the date At the end of title XIII, add the following: amendment intended to be proposed by on which the first annual report is required SEC. 13ll. PROHIBITION ON USE OF FUNDS. to be posted under paragraph (1), if the Di- him to the bill S. 22, to designate cer- rector determines that an additional period No funds made available under this Act (or tain land components of the National an amendment made by this Act) shall be of time is required to gather the information used to establish a new unit of the National Wilderness Preservation System, to au- required under subsection (b)(3)(B), the Di- Park System or National Wilderness Preser- thorize certain programs and activities rector may— vation System, a new National Heritage in the Department of the Interior and (A) as of the date described in paragraph Area, conduct a new study, or carry out any the Department of Agriculture, and for (1), post each segment of information re- other new initiatives authorized by this Act other purposes; which was ordered to quired under paragraphs (1), (2), and (3)(A) of until the date on which the Secretary of the lie on the table; as follows: subsection (b); and (B) as of May 15, 2010, post the segment of Interior certifies that the maintenance back- Strike section 13006. log at each of the Statute of Liberty Na- information required under subsection (b)(3)(B). tional Monument, Grand Canyon National Mr. COBURN submitted an SA 7. (b) REQUIRED INFORMATION.—An annual re- Park, Yellowstone National Park, Glacier amendment intended to be proposed by National Park, Gettysburg National Park, port described in subsection (a) shall con- Antietam National Battlefield, the National him to the bill S. 22, to designate cer- tain, for the period covered by the report— Mall, Lake Mead National Recreation Area, tain land components of the National (1) a description of the total quantity of— and USS Arizona Memorial has been elimi- Wilderness Preservation System, to au- (A) land located within the jurisdiction of nated. thorize certain programs and activities the United States, to be expressed in acres; in the Department of the Interior and (B) the land described in subparagraph (A) SA 2. Mr. COBURN submitted an the Department of Agriculture, and for that is owned by the Federal Government, to amendment intended to be proposed by be expressed— other purposes; which was ordered to (i) in acres; and him to the bill S. 22, to designate cer- lie on the table; as follows: (ii) as a percentage of the quantity de- tain land components of the National Strike subtitle E of Title VI. scribed in subparagraph (A); and Wilderness Preservation System, to au- (C) the land described in subparagraph (B) thorize certain progams and activities SA 8. Mr. COBURN submitted an that is located in each State, to be ex- in the Department of the Interior and amendment intended to be proposed by pressed, with respect to each State— the Department of Agriculture, and for him to the bill S. 22, to designate cer- (i) in acres; and other purposes; which was ordered to tain land components of the National (ii) as a percentage of the quantity de- lie on the table; as follows: Wilderness Preservation System, to au- scribed in subparagraph (B); thorize certain programs and activities (2) a description of the total annual cost to At the appropriate place, insert the fol- the Federal Government for maintaining all lowing: in the Department of the Interior and parcels of administrative land and all admin- SEC. ll. LAND NOT WITHDRAWN FROM MIN- the Department of Agriculture, and for istrative buildings or structures under the ERAL LEASING, MINERAL MATE- other purposes; which was ordered to jurisdiction of each Federal agency; and RIALS, AND GEOTHERMAL LEASING lie on the table; as follows: (3) a list and detailed summary of— LAWS. Strike Section 7305. (A) with respect to each Federal agency— Notwithstanding any other provision of (i) the number of unused or vacant assets; this Act, no land or interest in land shall be (ii) the replacement value for each unused withdrawn under this Act from disposition SA 9. Mr. COBURN submitted an amendment intended to be proposed by or vacant asset; under the mineral leasing, mineral mate- (iii) the total operating costs for each un- rials, or geothermal leasing laws. him to the bill S. 22, to designate cer- tain land components of the National used or vacant asset; and (iv) the length of time that each type of SA 3. Mr. COBURN submitted an Wilderness Preservation System, to au- asset described in clause (i) has been unused amendment intended to be proposed by thorize certain programs and activities or vacant, organized in categories comprised him to the bill S. 22, to designate cer- in the Department of the Interior and of periods of— tain land components of the National the Department of Agriculture, and for (I) not more than 1 year;

VerDate Mar 15 2010 08:24 Jun 07, 2011 Jkt 079102 PO 00000 Frm 00058 Fmt 0686 Sfmt 0634 E:\BR09\S08JA9.002 S08JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 8, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 353 (II) not less than 1, but not more than 2, land, the Secretary concerned shall include mittee on Energy and Natural Re- years; and in the management plan for the Federal land sources be authorized to meet during (III) not less than 2 years; and the specific reason that hunting activities the session of the Senate to conduct a (B) the estimated costs to the Federal Gov- are not allowed or are restricted. hearing on Thursday, January 8, 2009, ernment of the maintenance backlog of each (2) CONTRACT OR QUOTA THINNING.—For pur- Federal agency, to be— poses of this subsection, allowing contract or at 9:30 a.m., in room SD–366 of the (i) organized in categories comprised of quota thinning of wildlife shall not con- Dirksen Senate Office Building. buildings and structures; and stitute allowing unrestricted hunting. The PRESIDING OFFICER. Without (ii) expressed as an aggregate cost. (3) FEE AS RESTRICTION.—For purposes of objection, it is so ordered. (c) USE OF EXISTING ANNUAL REPORTS.—An this subsection, a fee relating to hunting ac- COMMITTEE ON ENVIRONMENT AND PUBLIC annual report required under subsection (a) tivities on Federal land under the jurisdic- WORKS may be comprised of any annual report relat- tion of the Secretary concerned that is in ex- Mr. LEAHY. Mr. President, I ask ing to the management of Federal real prop- cess of the amount needed to recover costs of unanimous consent that the Com- erty that is published by a Federal agency. management of the Federal land shall be considered to be a restriction on hunting. mittee on Environment and Public SA 11. Mr. COBURN submitted an (e) FEES.—Fees charged relating to hunt- Works be authorized to meet during amendment intended to be proposed by ing activities on Federal land shall be— the session of the Senate on Thursday, him to the bill S. 22, to designate cer- (1) retained by the Secretary concerned to January 8, 2009 at 10 a.m. in room 406 of tain land components of the National offset costs directly related to management the Dirksen Senate Office Building to Wilderness Preservation System, to au- of hunting on the Federal land on which hold a hearing entitled ‘‘Oversight thorize certain progams and activities hunting activities related to the fees are Hearing on the Tennessee Valley Au- conducted; and thority and the Recent Major Coal Ash in the Department of the Interior and (2) limited to an amount that the Sec- the Department of Agriculture, and for retary concerned reasonably estimates to be Spill.’’ other purposes; which was ordered to necessary to offset costs directly related to The PRESIDING OFFICER. Without lie on the table; as follows: management of hunting on the Federal land objection, it is so ordered. At the end of subtitle A of title II, add the on which hunting activities related to the COMMITTEE ON HEALTH, EDUCATION, LABOR, following: fees are conducted. AND PENSIONS SEC. 204. EFFECTIVE DATE. (f) APPLICABILITY.—This section shall Mr. LEAHY. Mr. President, I ask This subtitle shall not take effect until the apply to all management plans developed, unanimous consent that the Com- date on which the Inspector General of the approved, or amended after the date of the mittee on Health, Education, Labor, enactment of this Act. Department of the Interior issues a finding and Pensions be authorized to meet, that no laws were violated by the employees SEC. ll. HUNTING ON NEWLY ACQUIRED OR of the National Landscape Conservation Sys- DESIGNATED LAND. during the session of the Senate on tem in the investigation of the Inspector With respect to any land subject to State January 8, to conduct a hearing on the General relating to allegations of improper and local hunting laws that is acquired by nomination of Former Senate Majority coordination between employees of the Na- the United States or designated as a unit of Leader Thomas A. Daschle, of South tional Landscape Conservation System and the National Park System, a unit of the Na- Dakota, to be Secretary of Health and environmental advocacy organizations. tional Wilderness Preservation System, or a Human Services. The hearing will com- National Heritage Area on or after the date mence at 10 a.m. in room 430 of the SA 12. Mr. COBURN submitted an of enactment of this Act, the head of the Dirksen Senate Office Building. amendment intended to be proposed by agency with jurisdiction over the land shall The PRESIDING OFFICER. Without him to the bill S. 22, to designate cer- submit to Congress for approval any pro- objection, it is so ordered. tain land components of the National posed changes to the use of the land that would affect hunting on the land. COMMITTEE ON HOMELAND SECURITY AND Wilderness Preservation System, to au- GOVERNMENTAL AFFAIRS thorize certain progams and activities SA 13. Mr. COBURN submitted an Mr. LEAHY. Mr. President, I ask in the Department of the Interior and amendment intended to be proposed by unanimous consent that the Com- the Department of Agriculture, and for him to the bill S. 22, to designate cer- mittee on Homeland Security and Gov- other purposes; which was ordered to tain land components of the National ernmental Affairs be authorized to lie on the table; as follows: Wilderness Preservation System, to au- meet during the session of the Senate At the appropriate place, insert the fol- thorize certain programs and activities on Thursday, January 8, 2009, at 1:30 lowing: in the Department of the Interior and p.m. to conduct a hearing entitled SEC. ll. HUNTING ON FEDERAL LAND. the Department of Agriculture, and for ‘‘Lessons from the Mumbai Terrorist (a) PURPOSE.—The purpose of this section other purposes; which was ordered to is to require that all management plans for Attacks.’’ Federal land include hunting activities as a lie on the table; as follows: The PRESIDING OFFICER. Without land use to the extent that the hunting ac- At the end of title XIII, add the following: objection, it is so ordered. tivities are not incompatible with the pur- SEC. 13lll. EFFECT ON BORDER FENCE. COMMITTEE ON THE JUDICIARY poses for which the Federal land is managed. Nothing in this Act (or an amendment Mr. LEAHY. Mr. President, I ask (b) DEFINITIONS.—In this section: made by this Act)— unanimous consent that the Senate (1) HUNTING.—The term ‘‘hunting’’ includes (1) prevents, delays, or obstructs the plan- hunting, trapping, netting, and fishing. ning, construction, operation, or mainte- Committee on the Judiciary be author- (2) MANAGEMENT PLAN.—The term ‘‘man- nance of a border fence running parallel to ized to meet during the session of the agement plan’’ includes a management plan, the international border between the United Senate to conduct a hearing entitled management contract, or other comprehen- States and Mexico; ‘‘Helping State and Local Law Enforce- sive plan for the management or use of Fed- (2) affects the operations or duties of the ment During an Economic Downturn’’ eral land. Secretary of Homeland Security (including on Thursday, January 8, 2009, at 10 (3) SECRETARY CONCERNED.—The term ‘‘Sec- Border Patrol agents) or State or local law a.m., in room SD–226 of the Dirksen retary concerned’’ means the Secretary with enforcement agencies on any land subject to Senate Office Building. jurisdiction over the applicable Federal land. this Act (or an amendment made by this (c) HUNTING ALLOWED UNLESS INCOMPAT- Act); or The PRESIDING OFFICER. Without IBLE.—In developing or considering approval (3) affects security operations along the objection, it is so ordered. of a management plan (or any amendment to international border between the United f a management plan) for Federal land, the States and Canada. Secretary concerned shall ensure that hunt- PRIVILEGES OF THE FLOOR f ing activities are allowed as a use of the Fed- Mr. WHITEHOUSE. Mr. President, I eral land to the extent that the hunting ac- AUTHORITY FOR COMMITTEES TO ask unanimous consent that the fol- tivities are not incompatible with the pur- MEET lowing staff members from Senator poses for which the Federal land is managed. HAHEEN (d) PUBLICATION OF REASONS FOR NOT AL- COMMITTEE ON ENERGY AND NATURAL S ’s office be granted floor privi- LOWING HUNTING.— RESOURCES leges for today’s session of the Senate: (1) IN GENERAL.—If hunting activities are Mr. LEAHY. Mr. President, I ask Maura Keefe, Judy Reardon, and Mi- not allowed or are restricted on Federal unanimous consent that the Com- chael Yudin.

VerDate Mar 15 2010 08:24 Jun 07, 2011 Jkt 079102 PO 00000 Frm 00059 Fmt 0686 Sfmt 0634 E:\BR09\S08JA9.002 S08JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 354 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 January 8, 2009 The PRESIDING OFFICER. Without into allegations regarding irregularities in ORDERS FOR FRIDAY, JANUARY 9, objection, it is so ordered. the administration of a contract for 2009 logistical support in Iraq by the Department f of the Army; Mr. REID. Mr. President, I ask unan- AUTHORIZING PRODUCTION OF Whereas, upon the completion of the Com- imous consent that when the Senate DOCUMENTS mittee’s staff inquiry, the Chairman and completes its business today, it stand Ranking Member referred to the Acting In- adjourned until 10 a.m. Friday, Janu- Mr. REID. Mr. President, I ask unan- spector General of the Department of De- ary 9; that following the prayer and imous consent that the Senate proceed fense for review allegations regarding the pledge, the Journal of proceedings be to the consideration of S. Res. 11. Administration of this LOGCAP contract; approved to date, the morning hour be Whereas, by the privileges of the Senate of The PRESIDING OFFICER. The deemed expired, the time for the two clerk will report the resolution by the United States and Rule XI of the Stand- ing Rules of the Senate, no evidence under leaders be reserved for their use later title. the control or in the possession of the Senate in the day, and there then be a period The legislative clerk read as follows: may, by the judicial or administrative proc- of morning business, with Senators A resolution (S. Res. 11) to authorize pro- ess, be taken from such control or possession permitted to speak for up to 10 minutes duction of documents to the Department of but by permission of the Senate; each. Defense Inspector General. Whereas, when it appears that evidence The PRESIDING OFFICER. Without There being no objection, the Senate under the control or in the possession of the objection, it is so ordered. proceeded to consider the resolution. Senate may promote the administration of justice, the Senate will take such action as f Mr. REID. Mr. President, last Con- will promote the ends of justice consistent gress, the staff of the Committee on with the privileges of the Senate: Now, PROGRAM Armed Services conducted an inquiry therefore, be it into allegations regarding irregular- Resolved, That the Chairman and Ranking Mr. REID. Mr. President, all Sen- ities in the administration by the De- Member of the Armed Services Committee, ators are notified that at 2:45 p.m. on partment of the Army of a Logistics acting jointly, are authorized to produce to Sunday, the Democratic caucus will Civil Augmentation Program, the Department of Defense Inspector General meet in the LBJ Room for a continu- LOGCAP, contract for logistical sup- records of the Committee’s staff inquiry into ation of the caucus we held today to allegations relating to the administration of port in Iraq. At the conclusion of that the Army’s LOGCAP contract. deal with the economic recovery plan staff inquiry, the chairman and rank- of President-elect Barack Obama. At 2 ing member of the committee referred f p.m. on Sunday, there is a scheduled allegations regarding administration of MEASURES READ THE FIRST vote, and it will be necessary that all the LOGCAP contract to the Depart- TIME—S. 181 AND S. 182 Senators be in attendance at that vote. ment of Defense acting Inspector Gen- Mr. REID. Mr. President, I am told eral for review. f there are two bills at the desk. I, there- The chairman and ranking member fore, ask for their first reading en bloc. would like to share with the inspector ADJOURNMENT UNTIL 10 A.M. The PRESIDING OFFICER. The general records of the committee staff TOMORROW clerk will report the bills by title for inquiry to assist in the conduct of the Mr. REID. If there is no further busi- the first time. inspector general’s review. This resolu- ness to come before the Senate, I ask The legislative clerk read as follows: tion would accordingly authorize the unanimous consent that the Senate chairman and ranking member, acting A bill (S. 181) to amend title VII of the stand adjourned under the previous jointly, to release committee records Civil Rights Act of 1964 and the Age Dis- order. crimination in Employment Act of 1967, and There being no objection, the Senate, relating to this matter to the Defense to modify the operation of the Americans Department Inspector General. with Disabilities Act of 1990 and the Reha- at 6:31 p.m., adjourned until Friday, Mr. President, I ask unanimous con- bilitation Act of 1973, to clarify that a dis- January 9, 2009, at 10 a.m. sent that the resolution be agreed to, criminatory compensation decision or other the preamble be agreed to, the motions practice that is unlawful under such Acts oc- f to reconsider be laid upon the table, curs each time compensation is paid pursu- NOMINATIONS with no intervening action or debate, ant to the discriminatory compensation de- and that any statements relating to cision or other practice, and for other pur- Executive nominations received by poses. the Senate: the resolution be printed in the A bill (S. 182) to amend the Fair Labor RECORD. Standards Act of 1938 to provide more effec- THE JUDICIARY The PRESIDING OFFICER. Without tive remedies to victims of discrimination in STUART GORDON NASH, OF THE DISTRICT OF COLUM- objection, it is so ordered. the payment of wages on the basis of sex, and BIA, TO BE AN ASSOCIATE JUDGE OF THE SUPERIOR COURT OF THE DISTRICT OF COLUMBIA FOR THE TERM The resolution (S. Res. 11) was agreed for other purposes. OF FIFTEEN YEARS, VICE RUFUS GUNN KING, III, RE- to. Mr. REID. I now ask for their second TIRED. The preamble was agreed to. reading en bloc but object to my own IN THE MARINE CORPS The resolution, with its preamble, request en bloc. THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT IN THE UNITED STATES MARINE CORPS RESERVE TO THE reads as follows: The PRESIDING OFFICER. Objec- GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: S. RES. 11 tion is heard. The bills will be read a To be major general second time on the next legislative Whereas, last Congress the Committee on BRIG. GEN. JOHN M. CROLEY Armed Services conducted a staff inquiry day. BRIG. GEN. TRACY L. GARRETT

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The House met at 10 a.m. minute and to revise and extend his re- GDP, which is a 50 percent increase The Chaplain, the Reverend Daniel P. marks.) over the World War II record of 6 per- Coughlin, offered the following prayer: Mr. KUCINICH. Wake up, America. cent. We may be paying a premium O God, Who has had compassion on We have trillions for a war machine rate to foreign investors like China to our darkness and sent forth Your own and the banks, while our government borrow this kind of money. And what’s light upon our conscience to make stands by and sniffs at the slaughter of going to be included in that package? right judgments, grant us the joy of innocents in Gaza, where Israel is $350,000 for a fitness center, $4.5 million knowing the closeness of Your love. blocking aid for wounded Palestinians. to bottle water with recyclable bottles. May all our words and actions this Here’s today’s Washington Post. It Mr. Speaker, we need more of the day be infused with the creative spirit says, The International Committee of facts, not just words. of freedom and bring forth personal in- the Red Cross said Thursday that it f tegrity, as well as justice, and that we found at least 15 bodies and several MONUMENT TO PRESIDENT BUSH all will join together in serving Your children, emaciated but alive, in a row people of this Nation with true good- of shattered houses in the Gaza Strip (Mr. DEFAZIO asked and was given ness. and accused the Israeli military of pre- permission to address the House for 1 May true freedom and justice reign venting ambulances from reaching the minute.) in our hearts and become contagious in site for 4 days. Mr. DEFAZIO. In his last year, our world, now and forever. Twelve corpses lying on mattresses George Bush has constructed a monu- Amen. in one home, along with four young ment to his Presidency that will last for generations to come. He not only f children lying next to their dead moth- ers. That’s a quote. doubled our national debt in 8 short THE JOURNAL Today, U.S. tax dollars, U.S. jets and years; as he goes out the door, he’s leaving America with a $1.2 trillion def- The SPEAKER. The Chair has exam- U.S. helicopters provided to Israel are icit. That means we will borrow $3.2 ined the Journal of the last day’s pro- enabling the slaughter in Gaza. The ad- billion a day, $2.2 million a minute. It’s ceedings and announces to the House ministration enables Israel to press unfathomable. That legacy of prof- her approval thereof. forward with the attack against de- ligacy based on trickle down and bail- Pursuant to clause 1, rule I, the Jour- fenseless civilians, blocks efforts at outs has brought our economy to its nal stands approved. promoting a cease-fire at the U.N., and refuses to make Israel comply with knees. f It would have been one thing if he conditions that armed shipments not borrowed the money to rebuild our PLEDGE OF ALLEGIANCE be used for aggression. crumbling infrastructure, to build new Israel is going to receive $30 billion The SPEAKER. Will the gentleman schools to educate our kids, to give us in a 10-year period for military assist- from Pennsylvania (Mr. HOLDEN) come a sustainable energy future. But, no, ance, without having to abide by any forward and lead the House in the the money has been squandered in bail- humanitarian principles, international Pledge of Allegiance. outs for Wall Street and an unneces- laws or standards of basic human de- Mr. HOLDEN led the Pledge of Alle- sary war in the Middle East. giance as follows: cency. And now it’s up to us, this Congress, I pledge allegiance to the Flag of the Wake up, America. the Democrats, to give us a recovery United States of America, and to the Repub- f package that will put Americans back lic for which it stands, one nation under God, to work and rebuild our country. We indivisible, with liberty and justice for all. THE FACTS ABOUT OUR ECONOMIC CHALLENGES have to reject the policies of the Bush f years. No more tax giveaways. Let’s re- (Ms. FOXX asked and was given per- APPOINTMENT OF TELLERS ON build the infrastructure of this coun- mission to address the House for 1 try, put people back to work, borrow THE PART OF THE HOUSE TO minute and to revise and extend her re- COUNT ELECTORAL VOTES the money for a purpose, not more marks.) waste. The SPEAKER. Pursuant to Senate Ms. FOXX. Mr. Speaker, we have Concurrent Resolution 1, 111th Con- been dealing with economic challenges f gress, the Chair appoints as tellers on for several months. Last fall it was GOVERNMENT GONE WILD the part of the House to count the elec- called a bailout. Now it’s being called a (Mr. POE of Texas asked and was toral votes: stimulus or sometimes an economic re- given permission to address the House The gentleman from Pennsylvania covery plan. But I think it’s important for 1 minute.) (Mr. BRADY) and that we talk about the facts of what Mr. POE of Texas. Mr. Speaker, the The gentleman from California (Mr. we’re discussing. Federal Government continues to DANIEL E. LUNGREN). The stimulus being discussed now bankrupt Uncle Sam with bailouts to f could range from $800 billion to more special interest groups using taxpayer than $1.3 trillion. This will likely be money. One more group has appeared ANNOUNCEMENT BY THE SPEAKER the largest single spending bill in his- on the steps of the Capitol dragging the The SPEAKER. The Chair will enter- tory. Now, what will this do to our def- sack for more ‘‘Free Money.’’ None tain up to 10 requests for 1-minutes on icit which we heard so much about for other than the adult entertainment each side of the aisle. the 2 years before the Democrats took business, specifically, the CEO of f power? ‘‘Girls Gone Wild,’’ has asked for $5 bil- Nonpartisan budget experts are now lion to save them from calamity. WAKE UP, AMERICA predicting a deficit for 2009 of almost When is this mentality going to stop (Mr. KUCINICH asked and was given $1.3 trillion, triple the current year’s that citizens should subsidize indus- permission to address the House for 1 deficit. That would equal 9 percent of tries that have fallen on hard times?

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.

VerDate Mar 15 2010 13:05 Apr 26, 2011 Jkt 079102 PO 00000 Frm 00001 Fmt 0688 Sfmt 0634 E:\BR09\H08JA9.000 H08JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 356 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 1 January 8, 2009 According to the Congressional Re- Mr. WILSON of South Carolina. Mr. It’s been put off far enough by my col- search Service, the total amount of Speaker, America’s ally Israel remains leagues on the other side of the aisle, bailouts in 2008 now exceeds ‘‘all the under constant and frequent attack by and we’ve heard more of their rhetoric costs for major wars the United States Hamas. Noted columnist Charles today, acting like, as DICK CHENEY has ever engaged in, including the Krauthammer recently revealed in a said, ‘‘Herbert Hooverians.’’ If the Re- American Revolution, the War between column in The Greenville News that publican Party didn’t wake up, they’d the States, World War I, World War II, Hamas has cruelly launched 6,464 rock- be known as the Party of Herbert Hoo- Korea, Vietnam, Iraq and Afghani- ets into Israel in the last 3 years. No ver forever. stan,’’—about $8.5 trillion. other country has endured such at- When the Great Depression came, Mr. Speaker, the Federal Govern- tacks. Herbert Hoover and his Treasury Sec- ment has gone wild with all these give- Now Israel has chosen to defend itself retary Morgenthal and his colleagues away programs. And so far the bailouts by going after the Hamas terrorists. in the Congress did not act. It caused have had little or no positive impact on The loss of life is terrible, but it is the Great Depression to be worse. the markets or the economy. Hamas that bears the responsibility. I We must act. We need a major eco- No more bailouts. We cannot tax, saw firsthand, while visiting Israel this nomic stimulus package which will be borrow and spend our way into pros- summer, that Hamas has fired rockets presented by President-elect Obama, perity during these tough economic against civilians in Israel. and this Democratic Congress and this times. A peaceful relationship between Democratic Congressman will support And that’s just the way it is. Israel and Palestine is in the best in- it because we need jobs creation. We f terest of both nations. It will only be need to give people hope and the re- accomplished if Hamas agrees to stop ality that we can come out of this. PRESIDENT-ELECT OBAMA’S firing rockets targeting civilians. We’re going to have problems in 2009 STIMULUS PACKAGE In conclusion, God bless our troops, with the economy regardless, but (Ms. JACKSON-LEE of Texas asked and we will never forget September the they’ll be less. and was given permission to address 11th. The 21st century couldn’t come soon the House for 1 minute and to revise God bless Torry Lyons and Eric Dell enough. I look forward to January 20, and extend her remarks.) upon their marriage tomorrow at St. 2009, to working with President-elect Ms. JACKSON-LEE of Texas. Mr. Peter’s Catholic Church. Obama and this Democratic Congress Speaker, 87 percent of the American f to make America great again. people support President-elect Obama’s f stimulus package, a package that ad- CONGRATULATING THE CITY OF dresses the concerns and needs of low- IOWA CITY, IOWA, FOR BEING b 1015 income Americans, working Ameri- DESIGNATED A UNITED NATIONS LILLY LEDBETTER FAIR PAY ACT cans, middle-class Americans. EDUCATIONAL, SCIENTIFIC AND AND PAYCHECK FAIRNESS ACT It is obvious that the Federal Gov- CULTURAL ORGANIZATION (UNESCO) CITY OF LITERATURE (Mr. BACA asked and was given per- ernment has to be the spender of last mission to address the House for 1 resort. No frivolous, foolish spending, (Mr. LOEBSACK asked and was given minute.) but spending that creates jobs, jobs, permission to address the House for 1 Mr. BACA. Mr. Speaker, I rise today jobs, puts Americans back to work, minute.) in support of two critical bills: the bring home our troops from Iraq, be Mr. LOEBSACK. Mr. Speaker, I want Lilly Ledbetter Fair Pay Act and the able to downsize the investment in a to express my sincere congratulations Paycheck Fairness Act. war that many of us disagreed with, to the City of Iowa City for its designa- More than 40 years have passed since ensure that the war in Afghanistan tion as a City of Literature by the the passage of the Equal Pay Act. Un- succeeds, and make sure that those in United Nations Educational, Scientific fortunately, women still earn less than America’s Appalachia and Mississippi and Cultural Organization. Iowa City is men for the same work, and that is un- Delta and the inner cities of Houston, only the third city in the world to re- fair. Women earn 78 cents for every dol- Texas, have the amount of money to ceive such designation, and the first in lar earned by men. The pay gap is even begin to work, summer youth jobs. the United States. more severe amongst minority women. That’s what this stimulus package is This recognition is well-deserved and African American women earn 69 cents. about. rightly honors a city which has long Hispanic women earn just 56 cents on President-elect Obama has it right. been dedicated to literature and the the dollar. We in the Federal Government have to arts. The City of Iowa City alone has The story of Lilly Ledbetter is a case rescue those who provided the tax dol- produced more than 25 Pulitzer Prize in point of the barriers faced by women lars for America to work. Put them winners in literature since 1955, as well today. It’s time for a change. Simply back to work. You’ll see our economy as four recent U.S. Poet Laureates. because of her gender, Ms. Ledbetter spiraling. I am proud of all who contributed to was paid 20 percent less for performing Frivolous comments about bailouts Iowa City receiving this designation, the same job that her male colleagues will not work. The American people including Christopher Merrill, the cur- performed. It’s unfair. know a stimulus package is for them. rent director of the University of Iowa The gap doesn’t just affect women. It Let’s do it quickly. Let’s get the International Writing Program. I trust affects the Nation’s economy. Women money to our local governments. I be- future residents and generations to represent 41 percent of the total heads lieve we should bypass some of our come will not only recognize the im- of households and sole income earners State governments; make sure those portance of this designation, but also in this country. We cannot afford to dollars are in our cities, our counties, continue to carry on the city’s tradi- weaken the ability of our breadwinners our municipalities, put America back tion of literary excellence. to pay for the basics, like groceries, to work. That’s what President-elect f child care and health care, especially Obama wants us to do. ARRIVAL OF THE 21ST CENTURY as we face a growing economic reces- f ON JANUARY 20, 2009 sion. I urge us to support this legislation. ISRAEL HAS THE RIGHT TO SELF- (Mr. COHEN asked and was given per- f DEFENSE mission to address the House for 1 (Mr. WILSON of South Carolina minute.) HOUSE GOP TALKERS ON asked and was given permission to ad- Mr. COHEN. Mr. Speaker, the 21st STIMULUS dress the House for 1 minute and to re- century, in reality, will be arriving in (Mr. PENCE asked and was given per- vise and extend his remarks.) America on the 20th of January 2009. mission to address the House for 1

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LATE SENATOR CLAIBORNE PELL ices Chief, Barry Sullivan, announced Today, President-elect Obama will say (Mr. BISHOP of New York asked and the Vice President and the Senate of that this Congress must act boldly and was given permission to address the the United States. act now, and we agree. He has invited House for 1 minute.) The Senate entered the Hall of the House Republicans to bring forward Mr. BISHOP of New York. Mr. Speak- House of Representatives, headed by ideas to stimulate this economy, and er, I rise today to remember the life of the Vice President and the Secretary of we will gladly do so, but the American the late Senator Claiborne Pell, who the Senate, the Members and officers people know we cannot borrow and passed away last week after an inspir- of the House rising to receive them. spend and bail our way back to a grow- ing career as a Senator from Rhode Is- The Vice President took his seat as ing economy. the Presiding Officer of the joint con- In that vein, House Republicans will land and as a strong advocate for high- er education. Most famously, Senator vention of the two Houses, the Speaker insist that tax relief go to taxpayers, of the House occupying the chair on his that it be permanent and that it create Pell authored legislation in 1972 that created the higher education grant pro- left. Senators took seats to the right of jobs. We’ll demand a stimulus plan to the rostrum as prescribed by law. be transparent and accountable and gram that bears his name and that has allowed millions of low- and middle-in- The joint session was called to order achieve its intended results. As this by the Vice President. legislation is developed, there will be come students to attend college. Senator Pell was known as a modest The VICE PRESIDENT. Madam the need for competing interests and Speaker and Members of Congress, pur- for compromise, but let this point be man, and he often shied away from the attention he received for creating the suant to the Constitution and laws of clear: the United States, the Senate and In this cause, in the cause of stim- Pell Grant program, originally entitled the Basic Educational Opportunity House of Representatives are meeting ulus legislation, House Republicans in joint session to verify the certifi- will be on the side of the people who Grant, and that was modeled after the GI bill. Senator Pell believed that the cates and count the votes of the elec- will pay for the stimulus bill. House tors of the several States for President Republicans will be on the side of the fastest way for Americans to prosper was through education and that mak- and Vice President of the United American taxpayer and will demand a States. stimulus plan that will turn loose the ing education accessible was essential. While grant awards under Senator After ascertainment has been had inherent power of the American econ- that the certificates are authentic and omy, a stimulus plan that will be ac- Pell’s program have risen since it was first enacted, they have not kept pace correct in form, the tellers will count countable, transparent and will achieve and make a list of the votes cast by the the intended result. with the rising cost of attending col- lege. Despite the efforts of the 110th electors of the several States. f Congress through the reauthorization The tellers on the part of the two AMERICA’S ECONOMIC RECOVERY of the Higher Education Act to raise Houses will take their places at the PLAN the Pell Grant maximum to $6,000 per clerk’s desk. (Ms. EDWARDS of Maryland asked year, many families are still burdened The tellers, Mr. SCHUMER and Mr. and was given permission to address by the rising costs of higher education. BENNETT on the part of the Senate, and the House for 1 minute.) In the 111th Congress, I hope we con- Mr. BRADY of Pennsylvania and Mr. Ms. EDWARDS of Maryland. Mr. tinue Senator Pell’s goal of educating DANIEL E. LUNGREN of California on the Speaker, as we begin the 111th Con- our youth by working to ensure ade- part of the House, took their places at gress this week, we are plagued by an quate funding for all forms of student the desk. economic crisis that continues to af- financial aid such as the Perkins loan The VICE PRESIDENT. Without ob- fect every family in America. We must program and SEOG. Funding for these jection, the tellers will dispense with act now to address these serious chal- programs will help to ensure that high- reading formal portions of the certifi- lenges or we could experience an even er education is affordable and acces- cates. After ascertaining that certifi- deeper economic downturn and contin- sible to all students regardless of one’s cates are regular in form and authen- ued job losses this year. income or background. tic, the tellers will announce the votes Passing an economic recovery pack- cast by the electors for each State, be- age that provides a short-term eco- f ginning with Alabama. nomic boost and that invests in Amer- The tellers then proceeded to read, ica’s future is a priority for this new RECESS count, and announce the electoral Congress. votes of the several States in alphabet- The SPEAKER pro tempore (Mr. ical order. Rebuilding our crumbling roads, HOLDEN). Pursuant to clause 12(a) of bridges and schools will create jobs The VICE PRESIDENT. Members of rule I, the Chair declares the House in Congress, the certificates having been today and will transform our economy recess until approximately 12:55 p.m. tomorrow. Making public buildings read, the tellers will ascertain and de- today. liver the result to the President of the more energy efficient will reduce our Accordingly (at 10 o’clock and 20 dependence on fossil fuels and will cre- Senate. minutes a.m.), the House stood in re- The tellers delivered to the President ate high-wage jobs in all communities. cess until approximately 12:55 p.m. We must invest in our aging water of the Senate the following statement of results: and sewer systems. Fifty- and 100-year- f old pipes lack the capacity to support JOINT SESSION TO COUNT ELECTORAL VOTES, our growing population and to preserve THURSDAY, JANUARY 8, 2009 b 1301 and protect our Nation’s drinking For President For Vice President water. Electoral votes of each AFTER RECESS State Barack John Joseph Sarah Mr. Speaker, these problems are not Obama McCain Biden Palin partisan, and our solution should not The recess having expired, the House Alabama—9 ...... 9 ...... 9 be either. Democrats and Republicans was called to order at 1 o’clock and 1 Alaska—3 ...... 3 ...... 3 must come together now to get our minute p.m. Arizona—10 ...... 10 ...... 10

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For President For Vice President shall be deemed a sufficient declara- So what I would like to do today is Electoral votes of each tion of the persons elected President talk a little bit about how we got into State Barack John Joseph Sarah Obama McCain Biden Palin and Vice President of the United the situation that we’re in now and States each for the term beginning on what direction the new administration Arkansas—6 ...... 6 ...... 6 California—55 ...... 55 ...... 55 ...... the 20th day of January, 2009, and shall and the new majority or the larger ma- Colorado—9 ...... 9 ...... 9 ...... be entered, together with the list of the jority is going to take us. Connecticut—7 ...... 7 ...... 7 ...... Delaware—3 ...... 3 ...... 3 ...... votes, on the Journals of the Senate And what I would like to do, Mr. District of Columbia—3 3 ...... 3 ...... Speaker, is start in October of 2007 Florida—27 ...... 27 ...... 27 ...... and House of Representatives. Georgia—15 ...... 15 ...... 15 The purpose of the joint session hav- when the Dow Jones was 14,078, October Hawaii—4 ...... 4 ...... 4 ...... 10. The Bush administration responded Idaho—4 ...... 4 ...... 4 ing been concluded, pursuant to Senate Illinois—21 ...... 21 ...... 21 ...... Concurrent Resolution 1, 111th Con- to the unfolding subprime mortgage Indiana—11 ...... 11 ...... 11 ...... crisis with the HOPE program, which Iowa—7 ...... 7 ...... 7 ...... gress, the Chair declares the joint ses- Kansas—6 ...... 6 ...... 6 sion dissolved. was a program designed to help people Kentucky—8 ...... 8 ...... 8 in foreclosure to go back and to re- Louisiana—9 ...... 9 ...... 9 (Thereupon, at 1 o’clock and 36 min- Maine—4 ...... 4 ...... 4 ...... utes p.m., the joint session of the two negotiate their mortgages. Maryland—10 ...... 10 ...... 10 ...... At the time, if you will remember, we Houses of Congress dissolved.) Massachusetts—12 ...... 12 ...... 12 ...... were told that there were about 80 mil- Michigan—17 ...... 17 ...... 17 ...... The SPEAKER. Pursuant to Senate lion mortgages in this country, about 5 Minnesota—10 ...... 10 ...... 10 ...... Concurrent Resolution 1, 111th Con- Mississippi—6 ...... 6 ...... 6 percent of them were bad or subprime Missouri—11 ...... 11 ...... 11 gress, the electoral vote will be spread Montana—3 ...... 3 ...... 3 or delinquent, which is about 4 million Nebraska—5 ...... 1 4 1 4 at large upon the Journal. loans. January of 2008, the Dow closed Nevada—5 ...... 5 ...... 5 ...... New Hampshire—4...... 4 ...... 4 ...... f at 11,971, and it has gone down contin- New Jersey—15 ...... 15 ...... 15 ...... ually since then. New Mexico—5...... 5 ...... 5 ...... RECESS New York—31 ...... 31 ...... 31 ...... In September of 2008, we were in- North Carolina—15 ...... 15 ...... 15 ...... The SPEAKER. Pursuant to clause formed—the White House, the Congress North Dakota—3 ...... 3 ...... 3 12(a) of rule I, the Chair declares the Ohio—20 ...... 20 ...... 20 ...... was informed by Secretary Paulson Oklahoma—7 ...... 7 ...... 7 House in recess subject to the call of that we were in a financial crisis; that Oregon—7 ...... 7 ...... 7 ...... the Chair. Pennsylvania—21 ...... 21 ...... 21 ...... something had to be done to unfreeze Rhode Island—4...... 4 ...... 4 ...... Accordingly (at 1 o’clock and 39 min- the credit market; that the credit mar- South Carolina—8 ...... 8 ...... 8 utes p.m.), the House stood in recess South Dakota—3 ...... 3 ...... 3 ket was frozen; that banks couldn’t Tennessee—11 ...... 11 ...... 11 subject to the call of the Chair. borrow from each other or wouldn’t Texas—34 ...... 34 ...... 34 Utah—5 ...... 5 ...... 5 f lend to each other; that large corpora- Vermont—3 ...... 3 ...... 3 ...... tions were not able to do overnight Virginia—13 ...... 13 ...... 13 ...... b 1406 borrowing; that student loans were not Washington—11 ...... 11 ...... 11 ...... West Virginia—5 ...... 5 ...... 5 AFTER RECESS there; that automobile loans were not Wisconsin—10 ...... 10 ...... 10 ...... there; that loans for new homes were Wyoming—3 ...... 3 ...... 3 The recess having expired, the House not there, and that we need to unfreeze Total—538 ...... was called to order by the Speaker pro this. And to unfreeze this, it was going tempore (Mr. SALAZAR) at 2 o’clock and to take $700 billion. CHARLES E. SCHUMER, 6 minutes p.m. ROBERT F. BENNETT, Now, $700 billion is a lot of money, Tellers on the part of f and it’s going to affect people for a the Senate. SPECIAL ORDERS long time. It’s going to create more of ROBERT A. BRADY of a deficit for our country, which a lot of Pennsylvania, The SPEAKER pro tempore. Under people in this body, especially on the DANIEL E. LUNGREN of the Speaker’s announced policy of Jan- majority side of the aisle, has said was California, uary 6, 2009, and under a previous order not good policy, not good finances to Tellers on the part of of the House, the following Members spend deficits. So we had $700 billion. the House of Rep- will be recognized for 5 minutes each. Now, if you take the 4 million delin- resentatives. f quent or toxic assets or mortgages, The VICE PRESIDENT. The state of that’s about $175,000 per mortgage And, the vote for President of the United STIMULUS PACKAGE Mr. Speaker, I don’t know of a lot of States, as delivered to the President of The SPEAKER pro tempore. Under mortgages that were in trouble that the Senate, is as follows: the Speaker’s announced policy of Jan- $175,000 would not have cured. The whole number of the electors ap- uary 6, 2009, the gentleman from Geor- But what we did is we didn’t do any- pointed to vote for President of the gia (Mr. WESTMORELAND) is recognized thing with those mortgages. We de- United States is 538, of which a major- for 60 minutes as the designee of the cided that we would bail out those guys ity is 270. minority leader. that had taken these mortgages and Barack Obama of the State of Illinois Mr. WESTMORELAND. Thank you, had leveraged them 45, sometimes 50 has received for President of the Mr. Speaker. percent. And while they were doing United States 365 votes. What I would like to do today is to this, they were making money hand- JOHN MCCAIN of the State of Arizona talk a little bit about the new stimulus over-fist. While the poor guy in the has received 173 votes. house was losing his home, he was los- The state of the vote for Vice Presi- package that President-elect Obama and some of the leadership has been ing his job, this guy that had come up dent of the United States, as delivered with all of this creative financial stuff talking about, the last stimulus pack- to the President of the Senate, is as with all of these derivatives that no- age that we did, the rescue plan, and follows: body really understood, and the only talk a little bit about the timetable. The whole number of the electors ap- thing a lot of the guys coming up with And exactly, Mr. Speaker, where the pointed to vote for Vice President of these derivatives understood is that the United States is 538, of which a ma- people of this country may get an idea they were making a ton of money. So jority is 270. of exactly where we’re going because they were selling these things. And not JOE BIDEN of the State of Delaware sometimes things happen so fast in only did it affect our economy and our has received for Vice President of the Washington that they don’t really have banks and our financial institutions, United States 365 votes. an opportunity to grasp exactly what but it did worldwide. Sarah Palin of the State of Alaska has happened to them not only now, has received 173 votes. but in the future. And not only in their b 1415 This announcement of the state of future, but in their children’s future These four million bad loans that the vote by the President of the Senate and in their grandchildren’s future. could have been solved with $175,000

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The Conference of Mayors pub- Mr. Speaker, over and over again, not money to buy out the small and the lished a list of these projects that were only in this body, but in the Senate community bank, we’ve given them the ready to go, they put it on their Web and all the pundits on some of these money and we still can’t get credit. site. So Mr. Speaker, if anybody was talk shows, was, well, this is kind of Mr. Speaker, I had a Chrysler dealer listening today—and I have to remem- like a traffic accident on the express- that came into my office and he sat ber that most of my constituents at way and it’s got all of the lanes down and told me over a period of time, 2:30 in the afternoon, those that have blocked. Credit is frozen. This is the a small period of time, he had sent 155 jobs are out working. We didn’t have highway of credit; it’s frozen. And be- contracts or sales to Chrysler; they had any votes today in this body, so for you hind it sitting in line in traffic is the approved seven of them. If we were sup- that may be taping this or may have student loans, the car loans, the mort- posed to have cleared the wreck and we an opportunity of a loved one to see it, gage loans, the small business loans, were have supposed to freed up this we actually counted votes today—or the payroll loans, all the credit is sit- credit market, it has not worked, and had some people count them for us and ting in line. We’ve got to free up this the American people and myself and we watched them. So we had a pretty accident. And so we did. Congress voted many others in this body want to know easy day today, had a pretty easy day to free up this accident. All lanes are why it has not worked. yesterday. In fact, we were out by clear—well, at least the majority of the Now, let’s look at the deficit for a about two o’clock yesterday. We’ll lanes are clear; we’ve only done $350 minute because we’re borrowing this probably have a pretty easy day tomor- billion of the $700 billion, but they’re money that we’re using to stimulate or row, I think we’ve got two bills. But for going to be back wanting the other $350 to buy out—or whatever you want to those of you that are watching—and billion. call—remember that we passed a $150 that could be, Mr. Speaker, if I was But the credit market is not billion stimulus package, Mr. Speaker, talking to somebody out in the audi- unfrozen. We still have people today where we actually sent checks to peo- ence, if I was addressing them I would that are getting foreclosed on every ple to stir up the economy, to give the tell them to go to a Conference of May- day. I don’t care if you’ve got credit economy credibility. I don’t think it ors Web site and look at some of these that’s 850 on your credit score, you worked. Evidently it didn’t work. So projects that are ready to go, that are probably couldn’t go borrow a dime what’s been the result of that? We bor- infrastructure and vital—I believe it today. These banks and these financial rowed that $150 billion from China. says vital infrastructure projects. The institutions, AIG is one—you know, The stimulus that’s being discussed first one is $350,000 for an Albuquerque, AIG used to write bonds for construc- today—now, we’re beyond the $700 bil- New Mexico fitness center. That’s a tion and development. They wrote lion stimulus—well, let’s start out with vital project. Ninety-four million for a bonds. They won’t even write you a the $150 billion stimulus, then the $700 parking garage at the Orange Bowl in bond now, and the government has billion stimulus, and then the loan to Miami. Now, these are the ready-to-go given them about $125 billion. What are the automakers. And now we’re talking infrastructure projects that our tax we doing? about another $700, $800 billion up to 1.3 dollars are going to go into, these are So if you look at all of these things trillion. Now, keep in mind if you look those vital projects; $4.5 million for that were intended in this one bailout at the bailout that had already been Gretna, Florida to bottle water with that was intended to unfreeze the cred- done after the first stimulus where we recyclable bottles; $35 million, Music it market, we can see that it hasn’t gave checks back to people, we had Hall of Fame in Missouri; $55 million worked. And not only has it not AIG, we had IndyMac, we had Fannie for a mob museum in Las Vegas that’s worked, we have not even tried to Mae and Freddie Mac, we had the hous- described in the Mayor’s report as ‘‘his- make any of these lending institutions, ing bill, we had already spent about toric post office museum rehabilita- these banks, holding companies, insur- $700 billion. You’re starting to talk tion.’’ You know, we think of so many ance companies accountable for the about some real money now, Mr. good ways to name these bills that money that we’ve given them. Speaker. they just are really warm and fuzzy, Mr. Speaker, I’m sure that you’ve got You now, this range of $800 billion to and so sometimes you don’t pull back the same thing I’ve got, community $1.3 trillion, what does that mean? the covers. Twenty million for a minor banks, small banks calling me every Well, I’ll tell you what it means; it league baseball museum in Durham, day saying we’ve applied for the TARP, means that the deficit for 2009 is going North Carolina, and $6 million for we’ve applied for the Capital program, to be $1.3 trillion, triple the current snowmaking and maintenance facili- we can’t get any money. We can’t get year’s deficit. In fact, it’s going to be 9 ties at Spirit Mountain, Minnesota. any money. And so what’s happening? percent of our gross domestic product, Now, I apologize to those Members, Mr. If you think that the big nine banks 9 percent of our gross domestic product Speaker, that these are in their dis- are going to come into these commu- in this one—not counting all the other tricts and that these may have been nities and loan somebody money to things—this one deficit in this 1 year, 9 put in—not necessarily put in the start a beauty salon or a car wash or percent, which is a 50 percent increase package to get a vote or two, I don’t an automotive repair, or whatever, over World War II’s record deficit of 6 know. But what I do know is that the you’re badly mistaken. The community percent of the gross domestic product. lady and the gentleman and the family bankers, those small banks in our com- So what that means is that some gov- that’s sitting around the kitchen table munities that know Fred and they ernments, some countries are thinking wanting to know how they’re going to know Jane, they know their families, about charging us a prime or a pre- pay their house note or their car note they know what kind of reputation mium interest rate from foreign inves- or what they’re going to do because they’ve got, they know their ability to tors, such as China is now thinking mom or dad, or both, don’t have a job, pay back this money, these are the about charging us a premium for this they don’t think these are such vital people that are being squeezed out. And money that we’re borrowing from projects. They don’t think they’re that the American people are depending on them. vital. What they think is vital is us us to do something about it. Now, what I’ve heard is that this ma- starting to do something rather than I was happy to talk to Chairman jority plan, the Democratic plan, Mr. just talking. FRANK, and he said within the next 2 Speaker, that’s coming from the Presi- We’ve been talking long enough. It’s weeks he’s going to have legislation dent-elect and the Senate and the time to take some action and to have come out of Financial Services that’s House leaders is that this infrastruc- some real cure for the taxpayers of this

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CARDOZA, in a floor speech December 6 and I want to quote President-elect of 2006: ‘‘The past few years the Repub- b 1430 Obama, January 8, 2009, ‘‘Only govern- lican rule in Washington has left our ment can break the vicious cycles that BART GORDON, in a press release of Nation severely crippled with debt. are crippling our economy.’’ You know, January 5, 2007, said, ‘‘American fami- Reckless fiscal policies have turned I think there is some truth in that. Al- lies must live within their budgets, and record surpluses into record deficits in though I think that we the people, the it’s time for Congress to do the same.’’ 6 short years. Democrats believe that entrepreneurs, the free market system, MIKE ROSS, in a floor speech Decem- fiscal responsibility is a crucial ingre- do a much better job than government ber 6, 2005, said, ‘‘Deficits do matter. dient in good government. The Amer- doing anything, but I think the truth Deficits reduce economic growth. They ican people turned to Democrats to get of this statement is that only govern- burden our children and grandchildren our Nation’s books out of the red.’’ ment can break the vicious cycle. with liabilities. They increase our reli- What a disappointment that must be, Yeah, government’s got to get out of ance on foreign lenders who now own 40 Mr. Speaker, for the American people it. If we want to break the vicious percent of our debt.’’ That’s right, for- to find out that they hired the Demo- cycle that we’re in of rewarding bad be- eign lenders now own 40 percent of our crats to get the American books out of havior, we’ve got to get out of this and debt. the red and since that time the debt let the market take care of itself. But I would venture to say to my good has grown by $2 trillion. no, we haven’t learned from that be- friend from Arkansas I would like to DAN BOREN, in a press release Janu- cause, you know, you would think that work with him to try to find out what ary 5, 2007: ‘‘If the government is going with the Dow going down every day, percentage foreign investors and lend- to buy something, Congress has to fig- even with all the money that we’re ers own of our debt right now, where ure out how to pay for it. It’s time the pumping in it, we would go, you know they’re even thinking about charging government be held to the same stand- what? This isn’t working. We’ve got a us premium interest because 9 percent ards as every American family.’’ problem here. Let’s look at it, let’s see of our gross domestic product is going I couldn’t agree with you more, Rep- what it is. And we might find out that to be in that debt. resentative BOREN. I couldn’t agree we’re our own worst enemy, Mr. Speak- TIM RYAN, July 6, 2004: ‘‘We have al- with you more. We need to be held to er. most a $600 billion annual deficit for those same standards as that American But let’s talk about the national the past year. This is getting rolled family. But you know what? We’re not. debt. Let’s talk about the deficit. The into our $7 trillion debt that we have. And the path that has been laid out, national debt is currently more than So almost 20 percent of our annual the map that has been laid out by the 10.6 trillion—and I’m talking with a budget that we pay down here is inter- majority that has been increased in ‘‘T.’’ You know, it took me a while, est on the debt that we have. So if you both the House and the Senate and by when I got into government, to learn keep accruing the big debt, you have to the President-elect, we’re not headed what a million dollars was, and then it keep taking tax money to pay it off. out of the red, we’re headed deeper into took me a little bit longer to learn Who’s lending us this money? Japan the red. But this red is not just for this what a billion is. It’s hard to get your and China are lending us this money.’’ generation, it’s for our children and head around a trillion. So Mr. Speaker, Mr. RYAN, you’re right. They are. But our grandchildren. if anybody is at home that is going to now rather than a $7 trillion debt, it’s KENDRICK MEEK, in a floor speech go to the Mayors Conference vital a $10.6 trillion debt that has increased June 22, 2005: ‘‘The share of the na- projects Web site might also want to go by $2 trillion since the Democrats have tional debt for every American is to a math Web site and try to figure been in charge here. $26,255.76. This has to be paid off. This out how much a trillion is. But our na- BRAD ELLSWORTH, in a press release is not monopoly money. This is not tional debt today is $10.6 trillion, con- January 5, 2007: ‘‘Hoosier families in funny money. When this House was run tinues to grow. The national debt has my district make the tough choices to by Democrats, we balanced the budget increased by $2 trillion since the Demo- balance their family’s budget. Congress without one Republican vote, and that crats took over Congress just 2 years should be held to the same standard is a fact. That is prima facie evidence, ago, $2 trillion increase. when it comes to our Nation’s budget.’’ as they say in the courtroom. That is The President-elect on 60 Minutes, RON KLEIN, in a floor speech on Sep- not a fabrication. That is not an exag- November 16, said we shouldn’t worry tember 10, 2008: ‘‘It’s now the Demo- geration. That is not something that about the deficit next year or even the crats, many of us, who are sort of lead- some Democrat said on the floor and year after. Speaker PELOSI, on a floor ing the fight on fiscal discipline. We it’s not true. We balanced the budget.’’ speech on March 17 of 2005, said, are the fiscal hawks.’’ I want to challenge the gentleman ‘‘Democrats have made a commitment Representative KLEIN, the gentleman from Florida, my friend (Mr. MEEK), to to honor the value of accountability, from Florida, I hope you’re right. I balance the budget. I want to do that. including eliminating deficit spend- hope you’re telling the American peo- I see my good friend over here. She ing.’’ STENY HOYER, speech at the Na- ple the truth. wants to balance the budget. We all tional Press Club September 28, 2007, Mr. Speaker, I hope this is truth want to balance the budget. And to bal- Mr. Speaker, he said, ‘‘Today Demo- that’s come out where these people ance the budget, we’re going to have to crats are fighting to restore the fiscal said we’re going to look after the fiscal make some tough, tough decisions in discipline that has been sorely lacking well-being of this country, because if this House. We cannot continue to go since 2001. Why? Because we believe they follow this plan or if they follow down the same road that we have been deficits and spiraling debt threaten our the plan that’s being discussed right going down. Sure, we have borrowed future prosperity and national secu- now by the President-elect and the ma- the money to do this, but you know rity.’’ What has changed in a year, a jority in the House and the majority in what? Here’s the hard part: The hard little over a year; what’s changed? the Senate, these things are going to part is that the people that we have Rahm Emanuel, the President-elect’s be a lot worse than what they were done these things for are not receiving Chief of Staff in the White House, Jan- when they were reading these floor the relief and we are still not uary 26, 2005 floor speech, ‘‘If you’re speeches. So they’re going to be caught unfreezing the credit market. So what looking for a crisis to solve, look no head on looking into the headlights of are we doing? We’re not unfreezing the

VerDate Mar 15 2010 12:39 Apr 22, 2011 Jkt 079102 PO 00000 Frm 00006 Fmt 0688 Sfmt 0634 E:\BR09\H08JA9.000 H08JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 8, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 1 361 credit market. What we are doing is ship that is so inherent in this society that’s called socialism, and the govern- we’re piling more and more and more that has made us the greatest Nation, ment becomes a partner and eventually and more debt on them. So we have got I believe, in the history of the world, the government takes over the busi- to bring that to a close. and yet that’s not change, ‘‘Only gov- ness. That’s how socialism works. I see a good friend of mine from ernment can break the vicious cycles.’’ I was told by a colleague here obvi- Texas, the gentleman that came up Mr. WESTMORELAND. The gen- ously these things are not socialism be- with one of the most brilliant tax tleman brought up a good point about cause the socialists are not in favor of packages last December that I know of government and the fact that we have the September bailout bill. but we can’t seem to get a hearing on an interest now in banks and we have Well, after it passed, I saw one of the it or seem to get it to the floor for a an interest in the car business. We even socialist leaders on television saying, vote, and that’s my friend from the have a car czar I guess that’s going to yes, you know, initially we weren’t for First District of Texas (Mr. GOHMERT). tell them what kind of cars will sell the bailout because we didn’t think Mr. GOHMERT. I appreciate the gen- best. money should be paid to Wall Street tleman’s yielding. But the question I have and I think and all these other groups, but now You’ve made some wonderful points, the question that the American people that it’s past, we realize the govern- but I come back to the statement you have is the government is what ment’s taking over the financial sec- have in quotes there from our Presi- brought this on in the Community Re- tor, the insurance company, all these dent-elect. I have great hope that he investment Act. And, look, I love the things are great. It’s the greatest day will be able to instill more confidence Community Reinvestment Act in some for socialism in American history. So it was socialism. It is socialism. I and more calm to help reassure the of the design of it because I believe in have used the example before, but I economy. But the statement ‘‘Only downtown redevelopment. I think we learned a great lesson on exactly why government can break the vicious cy- need to go into some of these down- socialism never works. Not only did it cles that are crippling our economy’’ is town areas, especially places like De- not work for the New Testament more of the same. We were promised troit and other places, to redevelop church, and eventually Apostle Paul change, and even though I’m a Repub- that downtown. These downtowns are had to issue an order that if you don’t lican and he’s a Democrat, I was hop- beautiful. So some of that Community work, you don’t eat, it didn’t work for ing we would get the change and get Reinvestment Act was good. the Pilgrims. They had too many peo- away from the government’s inter- But the part that was put in place in ple starve to death the first year; so fering in everything. 1995 by President Clinton that told they went to private property and it We should have done a better job, the these lending institutions, look, you’re flourished. Federal Government should have, in either going to make so many of these But the summer I spent as an ex- monitoring what was being done and loans to people who can’t afford them change student in the Soviet Union al- spent. But the fact is you go back to or we are going to fine you, and then lowed a trip out to a collective farm, the late 1930s, the government just we, the government, are bailing out and the fields looked bad. And I have kept getting bigger and bigger. The these people that not only took that worked on lots of farms and ranches, government kept getting involved but then made all these different loan and normally you get your work done more and more. It has continued to ex- programs with derivatives that nobody early, early, before the sun gets to its pand and grow. And you look at Fannie in the free world with any type of com- peak. And all the farmers were sitting Mae and Freddie Mac. Those are gov- puter could figure out, and here we are; in the shade, and it was obvious they ernmental creations, and then when so the government’s being involved— hadn’t worked so far as midmorning. they got in trouble in 2002, 2003, fortu- and that’s why this statement right b 1445 nately we at that time had a Secretary here concerns me so much when it says of the Treasury that was concerned ‘‘Only government can break the vi- And so I spoke a little Russian back about it and fought here on the Hill to cious cycles.’’ There’s truth in that, then, and I said, you know, trying to be try to get someone to take notice and but it’s kind of a different truth than as nice as I could, when do you work to start better regulating Fannie Mae what the President-elect means. We out in the field? They laughed. One of and Freddie Mac. But the government can break the cycle; we’ve got to get them said, I make the same number of was more interested in continuing to out of it. rubles if I am out there in the field or throw money at the issue and not to fix Mr. GOHMERT. If the gentleman if I am here in the shade, so I am here it. would yield. in the shade. Our job, and we have said this before, Mr. WESTMORELAND. Yes. Many people don’t understand why is to provide for the common defense Mr. GOHMERT. I appreciate the gen- socialism isn’t a good idea. It always and then beyond that create a level, tleman’s yielding. fails. The only way the Soviet Union fair playing field, make sure We do need to have the Federal made it last for 70 years, they had to everybody’s playing fair, punish the watchdog groups like the SEC do a bet- have a tyrannical government that cheaters, and let free enterprise work. ter job of monitoring and seeking out killed people or put people in prison if And more and more and more we are the cheaters and the crooks. And that they didn’t abide by it or work. Our government, country, had flour- getting the government in running should have happened with Madoff. It ished because the government was the things. should have happened with many policeman and not the dictator. That’s And now after the bailout of Sep- things that have been going on. Some what we have got to get back to. tember, it has grown even more. We of the problems are right within gov- I appreciate the gentleman yielding. have got the government buying inter- ernment itself. And so the gentleman Mr. WESTMORELAND. Thank you. est in banks, buying interest in auto- from Georgia, my friend, is exactly Now I want to recognize another friend makers, creating a car czar, for good- right. The government will break the of mine from New Jersey, the Honor- ness sakes. We can’t design a good pen vicious cycle by getting out and by be- able Representative GARRETT. or an ID card for ourselves here all coming more a policeman, going after Mr. GARRETT of New Jersey. I that easily, much less a car. Good people that are cheating, instead of thank the gentleman from Georgia and grief. trying to dictate everything. It is kill- appreciate his taking the lead on this But, anyway, ‘‘Only government can ing this country to move so quickly to- Special Order hour this afternoon. break the vicious cycles that are crip- wards socialism. Mr. WESTMORELAND. I told him pling our economy.’’ Our government is Now, I brought this up in a meeting that most of our constituents were still crippling our economy. It did in Sep- previously back in September that at work. tember. It continues to. It has for when the government buys interest in Mr. GARRETT of New Jersey. There many years. The trick is to allow the banks, buys interest in stock broker- you go, and likewise mine in the great free enterprise and the entrepreneur- age firms, car dealers, whatever it is, State of New Jersey.

VerDate Mar 15 2010 12:39 Apr 22, 2011 Jkt 079102 PO 00000 Frm 00007 Fmt 0688 Sfmt 0634 E:\BR09\H08JA9.000 H08JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 362 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 1 January 8, 2009 Let me preface my comment, the ing, unabated, the pace of increase. these are the ones that are causing gentlelady from Ohio would like in a And just last December we had another huge problems in my region. And when moment to speak. 300, right before Christmas, 300 more they get acquisition of the property, Mr. WESTMORELAND. Sure. families dislodged from their homes. they don’t manage it because they Mr. GARRETT of New Jersey. Be- This month, we had the same. don’t care about our community. cause she worked with me on the issue I went over to the Treasury. Right We are a dot on the map for them. that we are talking about here, that before Christmas, when Congress left, I You know what? I was sitting here, I your comment is only to break the vi- came back with a big scroll. I took was thinking, what is going on here? I cious cycles that are crippling our over to the Treasury 4,100 addresses in figured out, you know what they are economy. You have to couch that in Lucas County, Toledo, Ohio, of every going to do? They are going to take the the correct terminology as to what citizen that had lost their home in my loss on those properties, their original government can do and what they district in 2008. worth, and then the $4,500 they got, shouldn’t do. The Secretary wasn’t there to see they are going to take the loss and We came to the floor, what was it, me. So we went out in the back and we book it on their tax returns for 2008 several months ago now, 2 months ago unrolled the scroll, which went all the and make a huge windfall in the Tax now, I guess, time flies, when we were way down the stairs on the south side Code, which isn’t fair to the American dealing with can the government solve of the Treasury building. And we took people, because the American people the problem out on Wall Street? Can some photos, and we put them up on are footing the bill here. the government solve the problem with our Web site. We pleaded with the peo- So we have a lot of work that we regard to all the banks? Can the gov- ple from Treasury to please work with have to do to heal this system and to ernment solve the problem with regard us, not to make it a bad holiday for the heal this market. The one gentleman to the crippling lending situation that people in our region, not to make it a was talking about, you know, when the was going on in this country at that bad new year, to find a way to gather government takes over it’s socialism. I time? the agencies. don’t know exactly what to call it And we heard, or we were told by the One of the assistants to the Sec- when the Treasury Department really White House just down the street, and retary gathered us, and we asked for a has rescued all these banks. The fascist some folks from leadership right here, televideo conference with people back system used to do that. They are com- and the legislative body—but, abso- home. We did that over at the Library bines, they are industrial combines, lutely, government can do it, and they of Congress, where Treasury officials, and their banking combines were one can do it with taxpayer dollars, $700 FDIC, SEC, HUD, Federal Reserve—and and the same with the government. billion. I will use the word ‘‘scheme,’’ we had the people back home, realtors, But it’s an ‘‘ism’’ of some kind. they called it a ‘‘plan’’ at the time, the county commissioners, the audi- I thank very much the gentleman. that government would solve the prob- tors. We had all of the interest groups We share the same deep concern. lem. back home in this conversation—and it Mr. GARRETT of New Jersey. I ap- A few of us, not enough, a few of us was great to have a conversation on preciate the gentlelady’s comments she came to the floor at that time and said, how can we stop the hemorrhage in the made. I know a number of other indi- you know, maybe government just mortgage markets? viduals would like to make some re- can’t solve that problem by saying that It didn’t happen. Christmas came, marks. we have the only answer to do it. Hanukkah came, more hundreds of peo- Let me just be brief, the gentlelady One of the people who joined us with ple got dislodged from their homes, and actually made four excellent points. that fight was the gentlelady from the system just didn’t work. One, she made the point that with re- Ohio. And I would like her to address Unfortunately, the administration gard to the idea of whether government those issues again why they couldn’t said to us, well we really need a hous- can be the solution to all the problems, solve it in the manner they were sug- ing czar. I said, we said we don’t need is there a rush to judgment? Yes, there gesting. a housing czar. We need for the agen- was a rush to judgment with regard to Ms. KAPTUR. Will the gentleman cies to use their regulatory power to what we did last year with the spend- yield? get the market to work. Let the mar- ing of $700 billion on TARP. Today, Mr. WESTMORELAND. I yield to the ket heal itself. You are not using these there sounds like there is a rush to gentlewoman from Ohio. powers to let the market heal itself. judgment, what may be going on in the Ms. KAPTUR. I want to thank the As a result, my region has had auc- spending that we may be doing in the gentleman for yielding. tioneers come in. One company from future. Last year back in the Congress when Texas actually came in. I read about it Now, BARNEY FRANK said the other it really mattered, when that proposal in the newspaper, and I went to the day, a week ago, he said these were ar- came down like a fast ball down the auction of homes that were auctioned tificial deadlines that were being set, center aisle here from the administra- off for $4,500. For that amount of whether we are talking about TARP or tion and wanted the American people money, we could have put the original the auto situation or now the spending to put forward nearly $1 trillion and owner back in. going forward, the sun still rose tomor- normal hearings were not held. The But the HUD money hadn’t come. row, to quote BARNEY FRANK. The sun membership, I don’t think, was re- The HUD money wasn’t there so the will still rise tomorrow with regard to spected at that time. city couldn’t bid on its own properties. our economy as well. We should not set Thank goodness, it’s a new Congress, Outside investors, one outside investor artificial deadlines. and we have now seen that the Treas- bought 137 properties. The gentlelady also made an impor- ury Department, under Mr. Paulson’s These properties are not maintained. tant comment when she said it’s the leadership, was more than happy to What happens is people break in them people’s money that we are dealing take over $250 billion of the American and they steal the copper wiring and with here. We have to always remem- people’s money and to distribute it to the chandeliers, and they become gut- ber that. It’s the taxpayers’ dollars. So their favored friends. We don’t even ted units. This is what is happening. we must be careful how it’s spent. know who all those friends are. We Mr. WESTMORELAND. Absentee Also, within that subset of the com- read press reports. There has been no ownership. ment, it is the nature of politics that it proper oversight, and we don’t know Ms. KAPTUR. Absentee ownership. will be political decisions, as opposed who the recipients have been. What is happening in my community is to market decisions, that will direct I can tell you, and I was identifying horrendous, and yet I see these Wall the forces of the dollars. We should so much with the gentleman from Street banks get more money. Wells allow market forces to direct it. Texas, because in my region of north- Fargo—I will say their names. Thirdly, she made a great point, ern Ohio the foreclosures are increas- Citigroup, Deutsche Bank, U.S. Bank, which I was going to make as well,

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Even if we do have a little mod- very seldom been oil for commerce. somebody that I have served with in icum of oversight right now, a hearing As we begin to do this, we are going the State legislature and now have a or two on this billion, trillion dollars to be talking about who do we trust? great opportunity to serve in Congress that we are about to spend, just as with There are those that voted, the other with, somebody that is the new Repub- the housing situation, it is impossible day, that said we don’t trust the Amer- lican Study Committee chairman for for the Federal Government to manage ican people to distribute their money. this Congress, and I am certainly ex- all these dollars going forward. Like- Then there are those of us that voted cited about that, and that’s my friend, wise here going forward, it will be im- that said, you know what, we trust Dr. PRICE. possible to manage it. American small businesses and hard- b 1500 Finally, she made a good point as working families with their own well, and I will close on this, market, money, and we believe we know the Mr. PRICE of Georgia. I want to heal thyself, is what she said. Likewise right prescription on how to stimulate thank you for your leadership on this here, whether it’s the credit market, the economy, how to spend money. issue and hosting this hour and point- the financial market or the unemploy- One of the things that we know is ing out probably one of the most stark ment market, we can allow the private that the more money you let a small pieces of contrast information this sector, with the assist of the govern- business or a large business keep, the early in the session with the poster you ment getting out of the way for the more money they are able to reinvest have there, where the President-elect market to heal thyself in those situa- in their business. And what happens said just today, ‘‘Only government can tions as well in the appropriate man- when they reinvest in their business? break the vicious cycles that are crip- ner. They create jobs. pling our economy.’’ It really is re- Mr. WESTMORELAND. Let me just What do American people want? markable when you think about it. I make a couple of comments too about American people want the opportunity know the American people believe in some of the things that the lady from that this great country affords them. themselves strongly, I know we believe Ohio said, of those 4,162 people, I won- And what greater opportunity than to in them, and I know that they know der if they would be interested to know have a good job. And plowing billions that government isn’t necessarily the if they took the $700 billion, that about and trillions now, we are talking tril- answer to all of our woes. $175,000 each of that would have paid lions of dollars, into feel-good things We are talking about solutions. We and straightened out their mortgage. isn’t going to stimulate this economy. have remarkable challenges, and every- They would be appalled to know that. As the gentleman knows, which is the body wants a solution to this. But the Not only that, if the government had reason I introduced a bill, today, in root word of ‘‘solution’’ is to solve, and been serious about this, and it put that fact, that is going to allow the Amer- to take government money that has money and told those banks that made ican people to keep more of their been talked about here that is not the those loans, whether the government money. government’s money, that is the peo- made them, make them or what, you It’s going to allow small businesses ple’s money, I am making just a short need to go back and renegotiate those and large businesses to keep more of point on that, this is tax money that loans, whether it’s for 40 years or 50 their money, because that’s the cheap- we don’t have; that we don’t have. years at a less percentage rate so you est capital that they can obtain. So if People think we are talking about are getting your money back, that’s we are taking a smaller bite out of this $1.2 trillion or something like it is what you need to do. sitting over here in the corner and all But, no, it’s a lot easier to give it to that, they can buy, start another fac- we have got to do is figure out how to the big cats and let them wipe the slate tory or buy another truck for their spend it. Well, it is not. It is on the clean, let them fix their balance sheet, electrical contracting business or backs of the children, grandchildren throw those people out, sell it for whatever business they are in. And and now great-grandchildren of the whatever they can and go on about what happens when they buy another adults in this Nation. That is wrong. their business. That’s wrong. truck, they have got to have employees I would like to recognize my friend for that truck. That is wrong. There is a solution. There are posi- from Texas (Mr. NEUGEBAUER). What does that do that creates more Mr. NEUGEBAUER. Well, I appre- jobs? So I hope the American people tive solutions out there. You and our ciate the gentleman conducting this are listening to this very carefully, be- colleagues have talked about some of hour. Of course, when you come late to cause, really, there are a lot of fancy them today. They are allowing Ameri- the game, you are going to be repeat- words being used here, but the real cans to keep more of their hard-earned ing some of the things that have been word is trust, some don’t trust the money, making it so that businesses, said, but I think that some of these American people. I just want the Amer- small and large, can create jobs, things bear repeating. ican people to know I trust them. unlock the credit crisis, the credit I think the number one premise that Mr. WESTMORELAND. Well, and I freeze that we have had, and make cer- the American people need to be listen- think the gentleman makes a great tain that we move in a direction that ing, as we have this debate, about fur- point because, you know, change was allows the economy to expand and al- ther actions that this government the key word of this election cycle. lows jobs to grow without spending might take to intervene in these mar- And I think the American people love money that we don’t have. kets, is to remind everybody whose that word ‘‘change,’’ and they did want That is one of the huge differences money this is. Now, some people out to change. between the folks in charge right now there think that it’s the government’s But I think the change they wanted and those of us who believe strongly in money, and we let the American people was trust and transparency. That’s the American people and believe keep some of it. what they thought change meant. If we strongly in American principle, in Others think that small businesses are going down this path, and the path American vision and American values, and hard-working families across that the majority in the House and the that would embrace a solution that America that are working hard and majority in the Senate is talking would champion the individual, cham- conducting business, that money be- about, was spending their tax dollars, pion the American people. longs to them. That’s the premise that it’s not that trust and transparency So I want to commend you for what I believe in. that they are going to get. you are doing, and just mention that As a former small businessman, like You know, that’s the amazing thing, one of the casualties of all of this dis- the gentleman is as well, I have been these 4,162 foreclosures, they are the cussion is the concept of what a zero

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A zero tacked on to a zero Half of this body, Mr. Speaker, half would, and pay attention, because I tacked on to a zero with a one put in of the Representatives, who are the promise you that nobody is going to front is a lot of money when you get a only people in this city that represent look after you if they know that you lot of zeros, and the American people, our people back home, are going to be are not looking at them. frankly, Members of Congress, have shut out of the process, because it is Mr. Speaker, with that, I appreciate lost sight about what a trillion dollars going to be done under suspension, the opportunity that the minority is. which is a form that the majority has leader gave me to share this hour with One trillion dollars is virtually one- chosen to do some very important bills, you and others. third of our current revenue that without debate, without committee f comes into the Federal Government, hearings, without input, in fact, a lot and when we are talking about trillion of times without even being available HOUR OF MEETING ON TOMORROW dollar deficits, that is spending again to be read for two or three hours. Ms. KAPTUR. Madam Speaker, I ask money that we don’t have for, as the That is no way to do business. So we unanimous consent that when the President-elect said today, as far as we not only have the problems that we House adjourns today, it adjourn to can see. That is not the kind of policy have discussed here today with the meet at 9 a.m. tomorrow. that will result in positive improve- budget, with the deficit, with the na- The SPEAKER pro tempore (Ms. ED- ment for the men and women across tional debt. This whole process is bro- WARDS of Maryland). Is there objection this Nation and growth in our econ- ken. The whole process is broken. to the request of the gentlewoman omy, which is what we need. The gentlelady from Ohio, the gen- The gentleman from Georgia knows from Ohio? tleman from New Jersey, myself, we all There was no objection. that, having served at the State level had amendments and different ideas and having put in place policies that that we wanted to put in this legisla- f have created remarkable opportunity tion. What is so wrong with letting us AUTHORIZING THE SPEAKER TO for so many people. I wanted to thank vote on it? Why did this have to happen ENTERTAIN MOTIONS TO SUS- you for your leadership. so quickly and so immediately? Why is PEND THE RULES ON TOMORROW Mr. WESTMORELAND. Thank you. something more important than open, Ms. KAPTUR. Madam Speaker, I ask Let me say this. I think $1 trillion is honest, fair debate? There is no dis- unanimous consent that the Speaker actually 12 zeros. That is amazing. So I infectant in the world like sunlight. So be authorized to entertain motions to hope, Mr. Speaker, that anybody that we need to open up this process. We suspend the rules relating to House is watching would go to a Web site that need to have sunlight. has got some of these math solutions Mr. Speaker, if I could tell the Amer- Resolution 34 on the legislative day of on it and look at exactly how much $1 ican people anything, it is to under- Friday, January 9, 2009. trillion is. stand that the only person in Wash- The SPEAKER pro tempore. Is there One billion seconds, one billion sec- ington, D.C., that is here on your be- objection the request of the gentle- onds is 32 years. There are 60 seconds in half is your Representative. And let me woman from Ohio? a minute, 60 minutes in an hour, 24 tell you something, you better keep a There was no objection. hours in a day, 365 days in a year. One billion seconds is 32 years. And we are close eye on him or her to make sure f that they are representing you, and not talking trillions now, trillions with a EXPRESSING SUPPORT FOR H.R. only that they are representing you, ‘‘T.’’ 11, THE LILLY LEDBETTER FAIR but that they have the ability to have Mr. Speaker, when I was running for PAY ACT office, when I was running for Con- some input into what is happening in The SPEAKER pro tempore. Under a gress, I had served in the State legisla- this body. previous order of the House, the gentle- ture. I went to a gathering and I met There are many Members in the ma- woman from Ohio (Ms. KAPTUR) is rec- somebody there, he was a lobbyist for jority party that can’t get any input if the peanut shellers, and as I got on the they disagree with what is going on, ognized for 5 minutes. plane to come back to Georgia I not just if you are in the minority, but Ms. KAPTUR. Madam Speaker, today thought to myself, you know, every- if you are in the majority. This has I am here to express my support of the body must have a lobbyist. Everybody. been a closed system, a closed House. Lilly Ledbetter Fair Pay Act. I would If the peanut shellers of America have I am not saying we did it perfectly, like to commend and indeed applaud a lobbyist, then everybody must have a Mr. Speaker, when we were in charge my colleagues Congresswoman ROSA lobbyist. for 12 years. But I want to put all of DELAURO and Chairman GEORGE MIL- But I thought of one group, one group that aside. President-elect Obama gave LER of the Education and Labor Com- and only one group in this country that many people in this country hope. He mittee for their tireless efforts in sup- does not have a lobbyist, and Mr. gave them hope and he promised port of fair treatment in the work- Speaker, you probably know who that change, and part of that hope and that place. Jobs are on everyone’s mind, and group is, and I would imagine that any- change was to open up the process and I rise in support today of H.R. 11, not body watching this knows what that to work in a bipartisan way. only because it is the right thing to do, group is. But in case you don’t or you So as I am closing today, I want to but also because, for me, it is personal. may have forgotten, I am going to tell hope. My hope is that your hope will be When our beloved mother, Anastasia, you who that group is that does not brought to fruition, and that we can sit began work back in the middle of the have a lobbyist up here. That is the in this Chamber and we can have open, last century as a counter waitress at a American people. honest discussions about how the con- place called Liberty Lunch on Broad- The American people have represent- stituents of the Third District of Geor- way in Toledo, Ohio, she did not even atives up here. They have somebody gia feel, or how the district of the earn the minimum wage. And I will tell that is supposed to represent them on gentlelady from Ohio feels, or how the you what; she deserved it. That wage this floor. And about half of America is district of the gentleman from Virginia was only made possible by the Fair being shut out because of the process. feels. We will make sure that our Labor Standards Act in 1938. But even We are going to bring bills to the floor 600,000 or 700,000 constituents give the when that act passed, her vile boss that are going to deal with the deficit. only representation they have in this would then cash her check and deduct We are going to bring bills to the floor body the ability to speak, to speak the increase from her and pocket the that are going to deal with the na- freely and openly and share ideas, not money for himself. Sadly, stories of tional debt. We are going to bring bills only with their colleagues, but with ev- pay discrimination and inequity still to the floor that are going to talk erybody in this country. reside across our country. about health care and are going to talk So, Mr. Speaker, if I could ask for The Lilly Ledbetter bill is named about all different types of things. them to contact their Representative, I after Lilly Ledbetter, who worked for

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Ben was the lowest paid supervisor at the bill is about doing the right thing to Bernanke, Fed Chairman said, ‘‘The plant where she worked, despite the protect the hardworking people of this quality of the future that we will fact that she had more experience than Nation. endow to our children and our grand- her male counterparts, Lilly sued I urge my colleagues to support this children will depend in important Goodyear for unlawfully discrimi- important bill as we begin the 111th measure on how we rise to the occa- nating against her based on gender. Congress, and I want to thank Lilly sion.’’ A jury found in her favor, but, of Ledbetter for her life and for the life of David Broder, a respected columnist course, Goodyear, which has deep pock- working-class women and men across for The Washington Post said, ‘‘The ets and in fact is a defense contractor this country. need for such a bipartisan approach (to of our country, went to court. In fact, Madam Speaker, thank you very examine the future of entitlement pro- they had the money to go all the way much for the opportunity today to sup- grams) is evident.’’ to the Supreme Court, and the Su- port the Lilly Ledbetter Act of 2009, Robert Samuelson, Washington Post preme Court ruled in favor not of Lilly, H.R. 11. columnist, Newsweek said, ‘‘What but of Goodyear. f would distinguish this commission The Court cited the reason being that from its many predecessors is that FEDERAL BUDGET DEFICIT the time limit for her claim had passed Congress would have to vote on its rec- as the initial discrimination happened The SPEAKER pro tempore. Under a ommendations.’’ nearly 20 years earlier. However, Lilly previous order of the House, the gen- David Brooks, from the New York Ledbetter filed her charge as soon as tleman from Virginia (Mr. WOLF) is Times, said ‘‘The Commission would she learned of the pay discrimination. recognized for 5 minutes. come up with a plan to restore fiscal It was not her fault that it took almost Mr. WOLF. Madam Speaker, we saw balance, and the plan would imme- 20 years to learn of her situation. yesterday the CBO projection that the diately go to Congress for an up-or- The United States Supreme Court’s Federal budget deficit for this fiscal down vote.’’ decision changes the law, limiting any year, which started in October, will John Snow, the 73rd Treasury Sec- action to 180 days after the first inci- balloon to $1.2 trillion. A member of retary, said, ‘‘I agree that because of dent of discriminatory activity. In the Senate Budget Committee, KENT the huge debt overhang we face a loom- such cases as Lilly Ledbetter’s, it took CONRAD, called it ‘‘jaw-dropping.’’ And ing financial crisis and I know of no nearly 20 years to have the discrimina- our budget chairman, JOHN SPRATT, better approach than the SAFE Com- tion come to light. This decision limits said he got ‘‘sticker shock.’’ mission idea.’’ the ability of any employee to chal- President-elect Obama has predicted Editorials from the Richmond Times lenge discriminatory pay. that ‘‘potentially we’ve got trillion Dispatch said, ‘‘The Cooper-Wolf bill H.R. 11 will restore the law and jus- dollar deficits for years to come.’’ would give the commission some teeth tice by clarifying that each paycheck President-elect Obama then said, ‘‘if by requiring Congress to take an up-or- resulting from a discriminatory pay de- we do nothing, then we will continue to down vote on the recommendations of cision would constitute a new violation see red ink as far as the eye can see.’’ the 16-member bipartisan panel.’’ of the employment nondiscrimination Most Members know that our coun- The Washington Times said, ‘‘Two law and reset the 180-day clock. try is facing a critical crisis, and if we rays of bipartisan sunlight appear to be Employees do not go around asking fail to find solutions that will halt a trying to shine through the clouds each other how much money they earn mortgaging of our children and grand- casting dark shadows on the Nation’s on each paycheck. In fact, many em- children’s future, I seriously consider long-term fiscal horizon. The two rays ployers even explicitly prohibit such and believe the 111th Congress will of bipartisanship sunshine take the conversations. It is not like working really go down as a failed Congress. form of legislative proposals working for Congress, where our pay is public We have an opportunity at hand to their way through the House and the record. In addition, who would want to deal with this issue, and we need to do Senate.’’ go around when they are at a new job it in a bipartisan way. There’s a bipar- And there were many others. Policy and ask new coworkers their income tisan plan on the table that Congress- groups across the political spectrum, and level of work experience as well as man COOPER of Tennessee and I have, including the Heritage Foundation, the other data to evaluate if one’s own pay called the Cooper-Wolf SAFE Commis- Brookings Institution, the Concord Co- is fair, knowing you have 180 days from sion, that sets up a bipartisan panel to alition and the Committee for a Re- your first paycheck to file with the put every spending program and tax sponsible Federal Budget also have em- U.S. Equal Employment Opportunity policy on the table and require this in- braced the SAFE Commission. Commission? Who would want to start stitution that has avoided its responsi- Make no mistake. This could well be a job like that? bility to vote it on up or down. the hardest economic issue our Nation Today’s Washington Post, in this edi- will ever be faced with, but we cannot b 1515 torial which I will submit for the afford to wait. Most new employees are more fo- RECORD, talked about our effort and I will end with a statement by cused on doing their job and working the tough decisions that Congress Dietrich Bonhoeffer, who was a Lu- hard and performing well so that he or faces. The editorial said, ‘‘Ideally, Con- theran pastor who stood up to the she can keep their new position and gress could make the necessary hard Nazis and was executed, hung in continue to earn paychecks. In today’s choices through the normal legislative Flossenberg Prison when the artillery climate, an income is more critical process. Its repeated failure to do so, was coming, the western ally artillery than worrying about pay discrimina- however, may necessitate a commis- was coming to liberate Germany. He tion, but that too should not allow this sion to recommend reforms for the was hung by the Nazis. Here’s what practice to continue. House and Senate to accept or reject.’’ Dietrich Bonhoeffer said, and I think We cannot allow employers to hide Amen. The Post is right. Unless we he was exactly right when he said, behind a mere 180 days and potentially do the Cooper-Wolf concept of a com- ‘‘The ultimate test of a moral society successfully carry out pay discrimina- mission, this Congress will not deal is the kind of world that it leaves to its tion day after day. with the issue. And if we don’t do it children.’’ Madam Speaker, that is why I’m an now, both parties, the Democratic Will this Congress, will this 111th original cosponsor of the Lilly Party and the Republican Party, will Congress meet the Dietrich Bonhoeffer Ledbetter Fair Pay Act. It’s in memory have failed the American people, and test? I don’t know. But I’m going to do of our own mother. This bill is not only both parties will have to explain to the everything I can, offer amendments on

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[From the The Washington Post, Jan. 8, 2009] The SPEAKER pro tempore. Under a As a Naval Reserve Intelligence Offi- YEARS TO COME previous order of the House, the gen- cer, I deployed to Southern Afghani- ‘‘FISCAL SPACE’’ is an economist’s term tleman from Arkansas (Mr. BOOZMAN) stan in support of NATO’s Inter- for a country’s capacity to borrow and spend is recognized for 5 minutes. national Security Assistance Force, or its way out of recession without risking ex- Mr. BOOZMAN. Madam Speaker, I ISAF at the headquarters of Regional orbitant interest rates and inflation later on. rise today to honor a young man be- Command South. I served in the com- Generally speaking, the more public debt a loved by his family, friends and his mand of a Dutch Major General, Mart country already has as a share of its econ- country, Staff Sergeant Solomon T. de Kruif, and on the staff of his Amer- omy, the less new debt it can take on. Sam of the United States Army, who ican Deputy for Stabilization, Briga- As President-elect Barack Obama and Con- gress contemplate a fiscal stimulus package was taken from us on December 4, 2008, dier General John Nicholson of the that could total hundreds of billions of dol- in Mosul, Iraq. U.S. Army. lars, they still have some fiscal space to Staff Sergeant Sam devoted nearly a I can report to the House that the work with. At $6.3 trillion, the publicly held decade to this country. He enlisted in morale of our troops in Afghanistan is national debt is about 45 percent of the $14 the U.S. Armed Services in October high. Americans that I joined feel that trillion economy—not much above the post- 2000, and redeployed to Iraq in Novem- this is the right mission in the right World War II average debt-to-GDP ratio of 43 ber of 2008, serving with the 523rd Engi- place. Just because this effort is 10 percent. But the space is shrinking rapidly. neer Company, 84th Engineer Bat- times harder than we first thought, it According to new figures from the Congres- talion, 25th Infantry Division out of remains the place where we can best sional Budget Office, federal debt is rising at support the safety of the American the fastest rate since World War II. It is esti- Schofield Barracks, Hawaii. mated at $1.2 trillion in fiscal 2009, or 8 per- The commitment for this country is people. cent of gross domestic product. This stun- something we can all be proud of. Sol- Our headquarters was located at ning number reflects both the direct effect of omon will be remembered as a soldier, Kandahar Airfield, known as KAF. We the recession on tax revenue and spending a son, a husband and a father. His three located just a few miles from Tarnak and the high cost of measures taken to com- young children will grow up knowing Farms, where Osama bin Laden had bat the downturn, such as the financial sec- their dad was a hero. trained many al Qaeda operatives. A tor bailout. And it is likely to be matched or Madam Speaker, Staff Sergeant Sam few miles further down the road was exceeded when the Obama stimulus plan the palace of Mullah Omar, the mur- kicks in. is a true American hero who made the ultimate sacrifice for his country. I ask derous former dictator of the Taliban. Mr. Obama was just leveling with the We face some real challenges in Af- American people when he noted yesterday my colleagues to keep his family and ghanistan. Our mission has now that the country faces ‘‘ trillion-dollar defi- friends in their thoughts and prayers stretched for 7 years, and can wear thin cits for years to come’’ unless policymakers during this very difficult time. ‘‘make a change in the way that Washington with the Afghan people. As we look at does business.’’ The question, of course, is f Senator Barack Obama becoming our how to change. Though Mr. Obama’s appoint- THE FORGOTTEN WAR Commander-in-Chief, it’s important ment of an efficiency-minded chief perform- that we review what we have accom- The SPEAKER pro tempore. Under ance officer sent a useful signal, the real an- plished in Afghanistan, its differences the Speaker’s announced policy of Jan- swers are legislative. The stimulus package from the Iraq mission and what re- must not bloat the government’s permanent uary 6, 2009, the gentleman from Illi- mains to be done. financial commitments. According to a re- nois (Mr. KIRK) is recognized for 60 cently published International Monetary First, it’s important to note that Af- minutes. ghanistan is not Iraq, and almost every Fund paper, appropriate measures include in- Mr. KIRK. Madam Speaker, with a creased transfers or temporary tax cuts to comparison between the two leads to President to inaugurate and a troubled consumers at the bottom and middle of the people making errors with regard to income scale; aid to state and local govern- economy we can overlook the sacrifice our policy in Afghanistan. While both ments; and repairs and improvements (espe- of our troops in Afghanistan. This con- countries are predominantly Muslim, cially energy-saving ones) to existing infra- flict, overshadowed by Iraq, is often with over 25 million people, there is structure. The IMF recommends against called the Forgotten War. where the similarities end. increasing the federal payroll, cutting Last month I became the first Mem- corporate tax rates or letting companies de- Iraq is a country that has always had ber of the House to serve in an Immi- a strong central government. Afghani- duct their recent losses against past years’ nent Danger Area since 1942. Now, profits. The stimulus plan should include a stan has always had a certain amount plan for offsetting spending cuts and revenue Members of this House have served in of lawlessness, even during the Soviet increases once the economy recovers. all of America’s wars, from the Revolu- dictatorship. Over the long run, investors will finance tion through World War II. But the De- Iraq has an oil industry and a middle the U.S. government at reasonable rates fense Department’s policy of 1943 class. Afghanistan has neither. only if it tackles its huge unfunded health- blocked reservist Congressmen from Iraq was a mission carried out by care and pension commitments. Unchecked, serving in Korea, Vietnam, Desert America and Britain, nearly alone, the cost of providing Social Security, Medi- Storm, Kosovo or Iraq. Senator and care and Medicaid to 77 million retiring baby with few allies helping. Afghanistan is Colonel LINDSAY GRAHAM broke boomers could push the debt-to-GDP ratio up home to a NATO mission where a very to nearly 300 percent by 2005, according to a through this barrier 2 years ago, and I large majority of the troops come from December 2007 CBO report. became the first Member of this House outside America. Ideally, Congress would make the nec- to also serve since World War II. Finally, the insurgency in Iraq was essary hard choices through the normal leg- While our country has moved from a sustained by dictatorships in Syria and islative process. Its repeated failure to do so, draftee military to an all-volunteer Iran. In Afghanistan, the principal however, may necessitate a commission to force, I think it’s still important for as sustainment in income of the Taliban recommend reforms for the House and Sen- many Americans as possible to share ate to accept or reject. Reps. Jim Cooper (D– is now heroin, generating billions in Tenn.) and Frank R. Wolf (R–Va.) and Sens. the burden of our troops. Our military profit. Kent Conrad (D–N.D.) and Judd Gregg (R– is the strongest when it pulls into its Our troops have accomplished a great N.H.) have offered proposals for such a panel. ranks Americans from all races, creeds deal already in Afghanistan. We de- Hard as it is, jumpstarting the U.S. economy and colors and especially all walks of stroyed al Qaeda’s training bases, and

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The Taliban cannot survive a country that has proven to be the With all of this effort, we should ask without the heroin income that comes graveyard of the Soviet military and the question: What is at stake in Af- from this region. If we succeed, we will that has seen no elections for three ghanistan? Should we pull out? Should rip the financial engine out from the generations. we stay put or should we double down? Taliban, securing a future for central Since 2006, the mission in Afghani- In my view, what is at stake is that Asia that does not include terror. stan has stalled as the Taliban has the safety of American families is at In the end, we should ask this key morphed into a new and deadly force. risk especially if you live in the target question: What is our exit strategy? The tenets of Islam are generally anti- cities of New York, Washington or Chi- Currently, the Afghan police and narcotic. The Taliban first eradicated cago. These are the cities most empha- army are much, much smaller than poppy and heroin production, but now sized by al Qaeda and the Taliban. The their counterparts in Iraq, a country has changed its practice. Once the dream of many Talib and foreign fight- that has an equal number of people. We Taliban no longer had easy access to ers is to depose the democratically need to double the size of Afghanistan’s bin Laden or to Saudi charity money, elected government of Afghanistan and police and army so that they can take they went into the heroin business big then move jihad back into the cities of this mission from NATO and so that we time. Today, they are more accurately Europe and the United States. can wind up our own effort. It will take described as the narco-Taliban, backed Most of the NATO troops whom I met at least 2 or 3 years to accomplish this by at least $500 million in annual drug remember not just 9/11, which they objective, which is why our NATO mis- profits. Some of Afghanistan’s wealthi- watched on TV, but also the Madrid sion is needed now. est warlords are Taliban leaders who Metro attack, the London bus bomb- I want to thank the men and women produce heroin to support jihad and ings, and the murder of intellectuals in with whom I served. Our Dutch allies terror against the elected Government Amsterdam. They believe as I do, sent us General de Kruif, and our Brit- of Afghanistan and of the nations of which is the best way to face the Talib ish allies sent us Brigadier General the West. is in Afghanistan with Afghan allies Hook of the Royal Marine Commandos, The narco-Taliban are not evenly dis- who know how to fight them best. both of whom I served with closely. tributed across Afghanistan. They are Should we keep the mission in Af- I also want to thank the men with concentrated in the heroin heartland of ghanistan as it is today? whom I most closely worked: Majors the Helmand River valley and in the If we do that, we risk a bloody stale- Will Daniel and Fred Tanner of the nearby city of Kandahar. There is a mate that would definitely protect the U.S. Army. I also want to thank them growing misperception that the war in capital of the Afghan Government in for their dedication. I think about Afghanistan is fiercest near Pakistan’s Kabul but would surrender much of the them here from the floor each and border. While that may have been true territory of the country to the Talib. every day. last year, the key to fighting this year The Talib is also wearing our allies I especially want to thank my boss, is along the heroin river of Helmand in thin, especially in Canada and in the Brigadier General John Nicholson, of southern Afghanistan. The Afghan Netherlands, and it would strain our the U.S. Army. I count myself lucky Government and NATO are fighting alliance. The Taliban now attacks that, at this later stage in my life, I pitched battles in the strategic rear of young girls, who dare to go to school, have served briefly with such an inspi- NATO where support and funding for with acid in their faces, and it has as- rational leader. the Taliban are actually the greatest. sassinated Afghanistan’s only female To the mothers and fathers of this Our effort there has been expensive police officer because she was a country, I would say that, if your sons both in blood and in treasure. In my woman. We know who they are. They or daughters serve in southern Afghan- area, the U.S. has lost over 80 soldiers, are brutal dictators who want to set so- istan, they will work under one of the but the Canadians have lost over 90 and ciety back to the 13th century. most able military leaders whom I the British over 110. I cannot empha- As Americans, we cannot go back to have ever met. size enough the dedication and profes- the 13th century. Our culture and our As we leave Iraq, it is likely that Af- sionalism and commitment of our country don’t even go back that far. ghanistan will no longer be the forgot- troops and especially of our NATO al- Most Afghans support our values of re- ten war. Members of this House should lies. form, of rights for women, of the vote, take note that our troops have already I, personally, served with British and especially of modernity. But sim- accomplished a great deal there, but Royal Marine Commandos, with Cana- ply to protect their families, many in more remains to be done. dian troops, with Dutch armor officers Afghanistan want to be with the win- For my part, I am honored to have and enlisted, with Danish armor offi- ning side, and right now, many families served there, and I will be on this cers and enlisted, and with Romanian in Afghanistan don’t know who the House floor the voice of the troops, of infantry. Along with our service men winning side will be—the Afghan Gov- the Americans whom we have stationed and women from the Army, the Ma- ernment and NATO or the Taliban. in the land far above the Khyber Pass. rines, the Air Force, and the Navy, I Should we double down? I yield back the balance of my time. found these troops from the West to be NATO allies clearly believe that we f young, idealistic and some of the most should double down, but they are wait- dedicated people I’ve ever served with. ing for a call from our new President. SPECIAL ORDERS GRANTED In short, I worked with heroes whom I Our best allies—the U.K., Spain, By unanimous consent, permission to admire a great deal. France, and several other NATO coun- address the House, following the legis- When I deployed to Afghanistan, I tries—are already planning to add their lative program and any special orders thought I might serve as a Fobbit. A troop commitment to Afghanistan. heretofore entered, was granted to: ‘‘Fobbit’’ is a person who works on a Other close allies of the United States, (The following Members (at the re- Forward Operating Base, or a FOB, who especially Canada and the Netherlands, quest of Ms. HIRONO) to revise and ex- never leaves its border, who simply need to be asked before making the tend their remarks and include extra- shuttles between the chow hall, the of- painful decision for themselves to hang neous material:) fice, the gym, and the rack. Thanks to in there. Most expect that the U.S. will Ms. WOOLSEY, for 5 minutes, today.

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Mr. DEFAZIO, for 5 minutes, today. Mr. POE of Texas, for 5 minutes, Jan- ADJOURNMENT Ms. KAPTUR, for 5 minutes, today. uary 15. Mr. KIRK. Madam Speaker, I move Mr. SHERMAN, for 5 minutes, today. Mr. JONES, for 5 minutes, January 15. that the House do now adjourn. (The following Members (at the re- Mr. GOHMERT, for 5 minutes, today. The motion was agreed to; accord- quest of Mr. WESTMORELAND) to revise (The following Member (at his re- ingly (at 3 o’clock and 40 minutes and extend their remarks and include quest) to revise and extend his remarks p.m.), under its previous order, the extraneous material:) and include extraneous material:) House adjourned until tomorrow, Fri- Mr. WOLF, for 5 minutes, today.h Mr. BOOZMAN, for 5 minutes, today. day, January 9, 2009, at 9 a.m. EXPENDITURE REPORTS CONCERNING OFFICIAL FOREIGN TRAVEL Reports concerning the foreign currencies and U.S. dollars utilized for Speaker-Authorized Official Travel during the fourth quarter of 2008, pursuant to Public Law 95–384 are as follows:

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON RULES, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 2008

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

James McGovern ...... 11/8 11/13 Ecuador ...... 1,223.00 ...... 2,333.23 ...... 3,556.23 Cynthia Buhl ...... 11/8 11/13 Ecuador ...... 1,223.00 ...... 2,333.23 ...... 3,556.23 Committee total ...... 2,446.00 ...... 4,666.46 ...... 7,112.46 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. LOUISE McINTOSH SLAUGHTER, Chairperson, Dec. 16, 2008.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION TO BRUSSELS, BELGIUM, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN NOV. 24 AND NOV. 27, 2008

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Robert F. Reeves ...... 11/24 11 /27 Belgium ...... 514.07 ...... 7011.62 ...... 215.00 ...... 7740.69 Teri Morgan ...... 11/24 11/27 Belgium ...... 514.07 ...... 7011.62 ...... 215.00 ...... 7740.69 Kyle Anderson ...... 11/24 11/27 Belgium ...... 514.07 ...... 7011.62 ...... 215.00 ...... 7740.69 Karina Newton ...... 11/24 11/27 Belgium ...... 514.07 ...... 7011.62 ...... 215.00 ...... 7740.69 Catherine Cooke ...... 11 /24 11/30 Belgium ...... 514.07 ...... 7011.62 ...... 215.00 ...... 7740.69 Jeff Gold ...... 11/24 11/27 Belgium ...... 514.07 ...... 7011.62 ...... 215.00 ...... 7740.69 Kirsten Gullickson ...... 11 /24 11/30 Belgium ...... 514.07 ...... 7011.62 ...... 215.00 ...... 7740.69 John Clocker ...... 11 /24 11/30 Belgium ...... 514.07 ...... 7011.62 ...... 215.00 ...... 7740.69 Committee total ...... 4,112.56 ...... 56,092.96 ...... 1,720.00 ...... 61,925.52 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. ROBERT F. REEVES, Dec. 17, 2008.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, NATO PARLIAMENTARY ASSEMBLY FALL MEETING IN VALENCIA, SPAIN AND BILATERAL MEETINGS IN FLORENCE AND ROME, ITALY, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN NOV. 10 AND NOV. 19, 2008

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. John Tanner ...... 11 /10 11 /14 Italy ...... 3,746.68 ...... (3) ...... 11,728.80 11/14 11/19 Spain ...... 1,922.77 ...... 6,059.35 ...... Hon. Melissa Bean ...... 11 /10 11 /14 Italy ...... 3,746.68 ...... (3) ...... 5,252.86 11/14 11/18 Spain ...... 1,506.18 ...... (3) ...... Hon. John Boozman ...... 11/10 11/14 Italy ...... 3,746.68 ...... (3) ...... 5,252.86 11/14 11/18 Spain ...... 1,506.18 ...... (3) ...... Hon. Jo Ann Emerson ...... 11/10 11/14 Italy ...... 3,746.68 ...... (3) ...... 5,252.86 11/14 11/18 Spain ...... 1,506.18 ...... (3) ...... Hon. Baron Hill ...... 11/10 11/14 Italy ...... 3,746.68 ...... (3) ...... 5,252.86 11/14 11/19 Spain ...... 1,506.18 ...... (3) ...... Hon. Carolyn McCarthy ...... 11 /10 11/14 Italy ...... 3,746.68 ...... (3) ...... 5,252.86 11/14 11/19 Spain ...... 1,506.18 ...... (3) ...... Hon. Kendrick Meek ...... 11 /10 11/14 Italy ...... 3,746.68 ...... (3) ...... 5,252.86 11/14 11/19 Spain ...... 1,506.18 ...... (3) ...... Hon. Charlie Melancon ...... 11/10 11/14 Italy ...... 3,746.68 ...... (3) ...... 5,252.86 11/14 11/18 Spain ...... 1,506.18 ...... (3) ...... Hon. Jeff Miller ...... 11 /10 11/14 Italy ...... 3,746.68 ...... (3) ...... 5,252.86 11/14 11/18 Spain ...... 1,506.18 ...... (3) ...... Hon. Dennis Moore ...... 11 /10 11/14 Italy ...... 3,746.68 ...... (3) ...... 5,252.86 11/14 11/18 Spain ...... 1,506.18 ...... (3) ...... Hon. Mike Ross ...... 11/10 11/14 Italy ...... 3,746.68 ...... (3) ...... 5,252.86 11/14 11/18 Spain ...... 1,506.18 ...... (3) ...... Hon. David Scott ...... 11 /10 11/14 Italy ...... 3,746.68 ...... (3) ...... 5,252.86 11/14 11/18 Spain ...... 1,506.18 ...... (3) ...... Hon. John Shimkus ...... 11 /10 11/14 Italy ...... 3,746.68 ...... (3) ...... 5,252.86 11/14 11/18 Spain ...... 1,506.18 ...... (3) ...... Melissa Adamson ...... 11 /10 11 /14 Italy ...... 3,746.68 ...... (3) ...... 11,765.67 11/14 11/19 Spain ...... 1,922.77 ...... 6,096.22 ...... Kathy Becker ...... 11 /10 11 /14 Italy ...... 3,746.68 ...... (3) ...... 5,252.86 11/14 11/18 Spain ...... 1,506.18 ...... (3) ...... Gene Gurevich ...... 11 /14 11 /18 Spain ...... 1,506.18 ...... 5,326.53 ...... 6,832.71 ...... (3) ...... Vincent Morelli ...... 11/10 11 /14 Italy ...... 3,746.68 ...... (3) ...... 11,765.67 11/14 11/19 Spain ...... 1,922.77 ...... 6,096.22 ......

VerDate Mar 15 2010 12:39 Apr 22, 2011 Jkt 079102 PO 00000 Frm 00014 Fmt 0688 Sfmt 8634 E:\BR09\H08JA9.000 H08JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 8, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 1 369 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, NATO PARLIAMENTARY ASSEMBLY FALL MEETING IN VALENCIA, SPAIN AND BILATERAL MEETINGS IN FLORENCE AND ROME, ITALY, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN NOV. 10 AND NOV. 19, 2008—Continued

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Taylor Morgan ...... 11/10 11/14 Italy ...... 3,746.68 ...... (3) ...... 5,252.86 11/14 11/18 Spain ...... 1,506.18 ...... (3) ...... Dr. Amanda Sloat ...... 11/10 11 /14 Italy ...... 3,746.68 ...... (3) ...... 5,252.86 11/14 11/18 Spain ...... 1,506.18 ...... (3) ...... Delegation Expenses: Representational Funds ...... 16,332.52 ...... 16,332.52 Miscellaneous ...... 721.56 ...... 721.56 Committee total ...... 97,307.43 ...... 23,578.32 ...... 17,054.08 ...... 137,939.83 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. h JOHN S. TANNER, Chairman, Dec. 17, 2008.

EXECUTIVE COMMUNICATIONS, the Department’s final rule — Establishment the Department’s final rule — Establishment ETC. of Low Altitude Area Navigation T-254; of Class E Airspace; Edinburg, TX [Docket Houston, TX [Docket No.: FAA-2008-0716; Air- No. FAA-2008-0985; Airspace Docket No. 08- Under clause 8 of rule XII, executive space Docket No. 08-ASW-9] received Janu- ASW-18] received January 5, 2009, pursuant communications were taken from the ary 5, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to 5 U.S.C. 801(a)(1)(A); to the Committee on Speaker’s table and referred as follows: to the Committee on Transportation and In- Transportation and Infrastructure. 21. A letter from the Chairman, Federal frastructure. 36. A letter from the Program Analyst, De- Energy Regulatory Commission, transmit- 29. A letter from the Trial Attorney, De- partment of Transportation, transmitting ting the Commission’s assessment of De- partment of Transportation, transmitting the Department’s final rule — Revision of mand Response and Advance Metering, pur- the Department’s final rule — Adjustments Class E Airspace; Ruby, AK [Docket No. suant to Section 1252 of the Energy Policy to the Minimum and Maximum Civil Mone- FAA-2008-0005; Airspace Docket No. 08-AAL- Act of 2005; to the Committee on Energy and tary Penalties for Violations of Federal Rail- 1] received January 5, 2009, pursuant to 5 Commerce. road Safety Laws or Federal Railroad Ad- U.S.C. 801(a)(1)(A); to the Committee on 22. A letter from the Chief of Staff, Defense ministration Safety Regulations [Docket Transportation and Infrastructure. No.: FRA-2004-17529; Notice No. 6] (RIN: 2130- 37. A letter from the Program Analyst, De- Intelligence Agency, transmitting notifica- AB94) received January 5, 2009, pursuant to 5 partment of Transportation, transmitting tion that the Agency has adopted and fully U.S.C. 801(a)(1)(A); to the Committee on the Department’s final rule — Revision of adheres to the No FEAR Disciplinary Best Transportation and Infrastructure. Class E Airspace; Ketchikan, AK [Docket No. Practices and Advisory Guidlines 1 through 30. A letter from the Program Analyst, De- FAA-2008-0998; Airspace Docket No. 08-AAL- 6; to the Committee on Oversight and Gov- partment of Transportation, transmitting 29] received January 5, 2009, pursuant to 5 ernment Reform. the Department’s final rule — Revision of 23. A letter from the Secretary, Federal U.S.C. 801(a)(1)(A); to the Committee on Restricted Areas 4806W, 4807A&B, and 4809; Maritime Commission, transmitting the Transportation and Infrastructure. Nevada [Docket No.: FAA-2008-1252; Airspace 38. A letter from the Program Analyst, De- Commission’s report on competitive Docket No. 08-AWP-12] (RIN: 2120-AA66) re- partment of Transportation, transmitting sourcing competitions in fiscal year 2008, ceived January 5, 2009, pursuant to 5 U.S.C. the Department’s final rule — Modification pursuant to Public Law 108-199, section 647(b) 801(a)(1)(A); to the Committee on Transpor- of Class D and E Airspace; Brunswick, ME of Division F; to the Committee on Oversight tation and Infrastructure. [Docket No.: FAA-2008-0203; Airspace Docket and Government Reform. 31. A letter from the Program Analyst, De- No. 08-ANE-99] received January 5, 2009, pur- 24. A letter from the Commissioner, Social partment of Transportation, transmitting suant to 5 U.S.C. 801(a)(1)(A); to the Com- Security Administration, transmitting the the Department’s final rule — Establishment mittee on Transportation and Infrastruc- Administration’s report for fiscal year 2008 of Class D and Class E Airspace; Conroe, TX ture. on competitive sourcing efforts as required [Docket No. FAA-2008-0960; Airspace Docket 39. A letter from the Program Analyst, De- by Section 647(b) of Division F of the Con- No. 08-ASW-17] received January 5, 2009, pur- partment of Transportation, transmitting solidated Appropriations Act, 2004, Pub. L. suant to 5 U.S.C. 801(a)(1)(A); to the Com- the Department’s final rule — Establishment 108-199; to the Committee on Oversight and mittee on Transportation and Infrastruc- of Class E Airspace; Napakiak, AK [Docket Government Reform. ture. No.: FAA-2008-0454; Airspace Docket No. 08- 25. A letter from the Inspector General, 32. A letter from the Program Analyst, De- AAL-13] received January 5, 2009, pursuant to U.S. House of Representatives Office of In- partment of Transportation, transmitting 5 U.S.C. 801(a)(1)(A); to the Committee on spector General, transmitting a revised re- the Department’s final rule — Revocation of Transportation and Infrastructure. port due to an identified typographical error Class E Airspace; Metlakatla, AK [Docket 40. A letter from the United States Trade within the notes to the financial statements No. FAA-2008-1018; Airspace Docket No. 08- Representatives, Executive Office of the of the Financial Statement Audit Report for AAL-31] received January 5, 2009, pursuant to President, transmitting the Administra- Fiscal Year 2007, pursuant to 36 U.S.C. 5 U.S.C. 801(a)(1)(A); to the Committee on tion’s intent to participate in the negotia- 1101(20) and 1103; to the Committee on House Transportation and Infrastructure. tion of the Trans-Pacific Strategic Economic Administration. 33. A letter from the Program Analyst, De- Partnership Agreement (TPP); to the Com- 26. A letter from the Principal Deputy As- partment of Transportation, transmitting mittee on Ways and Means. sistant Attorney General, Department of the Department’s final rule — Modification f Justice, transmitting notification that the of Class E Airspace; Franklin, NC [Docket Solicitor General has decided not to seek en No. FAA-2008-0986; Airspace Docket No. 08- PUBLIC BILLS AND RESOLUTIONS banc or Supreme Court review of the deci- ASO-15] received January 5, 2009, pursuant to sion of the United States Court of Appeals Under clause 2 of rule XII, public 5 U.S.C. 801(a)(1)(A); to the Committee on bills and resolutions of the following for the Federal Circuit in Rothe Dev. Corp. v. Transportation and Infrastructure. U.S. Dep’t of Defense, 545 F.3d 1023 (Fed. 34. A letter from the Program Analyst, De- titles were introduced and severally re- Circ. 2008), pursuant to 28 U.S.C. 530D; to the partment of Transportation, transmitting ferred, as follows: Committee on the Judiciary. the Department’s final rule — Amendment of By Ms. JACKSON-LEE of Texas: 27. A letter from the Secretary, Judicial Class E Airspace; Butler, PA. Removal of H.R. 288. A bill to create a separate DNA Conference of the United States, transmit- Class E Airspace; East Butler, PA. [Docket database for violent predators against chil- ting the Conference’s report on the con- No. FAA-2008-0836; Airspace Docket No. 08- dren, and for other purposes; to the Com- tinuing need for authorized bankruptcy AEA-23] received January 5, 2009, pursuant to mittee on the Judiciary. judgeships, pursuant to 28 U.S.C. 152(b)(3); to 5 U.S.C. 801(a)(1)(A); to the Committee on By Ms. JACKSON-LEE of Texas: the Committee on the Judiciary. Transportation and Infrastructure. H.R. 289. A bill to authorize the President 28. A letter from the Program Analyst, De- 35. A letter from the Program Analyst, De- to posthumously award a gold medal on be- partment of Transportation, transmitting partment of Transportation, transmitting half of the Congress to the seven members of

VerDate Mar 15 2010 12:39 Apr 22, 2011 Jkt 079102 PO 00000 Frm 00015 Fmt 0688 Sfmt 0634 E:\BR09\H08JA9.000 H08JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 370 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 1 January 8, 2009 the crew of the space shuttle Columbia in practitioners by individuals eligible for child and in addition to the Committee on Ways recognition of their outstanding and endur- health assistance under such plans and on and Means, for a period to be subsequently ing contributions to the Nation; to the Com- State efforts to avoid certain displacement determined by the Speaker, in each case for mittee on Financial Services. of private health coverage, and to express consideration of such provisions as fall with- By Mr. MCDERMOTT: the sense of Congress that such States in the jurisdiction of the committee con- H.R. 290. A bill to provide for special trans- should utilize Consumer Assessment of cerned. fers of funds to States to promote certain Healthcare Providers and Systems consumer By Ms. BALDWIN (for herself, Mrs. improvements in State unemployment com- satisfaction surveys to measure access by BONO MACK, Mr. LANGEVIN, and Mr. pensation laws; to the Committee on Ways such idividuals to physicians; to the Com- BILIRAKIS): and Means. mittee on Energy and Commerce. H.R. 307. A bill to enhance and further re- By Mr. MCDERMOTT: By Mr. ENGEL: search into paralysis and to improve reha- H.R. 291. A bill to provide for certain tem- H.R. 299. A bill to provide American con- bilitation and the quality of life for persons porary additional unemployment benefits; to sumers information about the broadcast tel- living with paralysis and other physical dis- the Committee on Ways and Means. evision transition from an analog to a digital abilities, and for other purposes; to the Com- By Mr. BUYER (for himself, Mr. format, and to provide additional funds for mittee on Energy and Commerce. MICHAUD, Mr. WALZ, Mr. BROWN of the converter box coupon program under the By Mr. BILIRAKIS (for himself and Ms. South Carolina, Mr. BILIRAKIS, Mr. Digital Television Transition and Public ROS-LEHTINEN): BOOZMAN, Mr. LAMBORN, Mr. HARE, Safety Act of 2005; to the Committee on En- H.R. 308. A bill to amend the Internal Rev- Mr. BUCHANAN, and Mr. MILLER of ergy and Commerce. enue Code of 1986 to provide a credit against Florida): By Mr. EHLERS: tax for hurricane and tornado mitigation ex- H.R. 292. A bill to improve energy and H.R. 300. A bill to provide for the National penditures; to the Committee on Ways and water efficiencies and conservation through- Oceanic and Atmospheric Administration, Means. out the Department of Veterans Affairs, and and for other purposes; to the Committee on By Mr. BILIRAKIS (for himself and Mr. for other purposes; to the Committee on Vet- Science and Technology, and in addition to PUTNAM): erans’ Affairs, and in addition to the Com- the Committee on Natural Resources, for a H.R. 309. A bill to amend the Internal Rev- mittee on Science and Technology, for a pe- period to be subsequently determined by the enue Code of 1986 to allow certain current riod to be subsequently determined by the Speaker, in each case for consideration of and former service members to receive a re- Speaker, in each case for consideration of such provisions as fall within the jurisdic- fundable credit for the purchase of a prin- such provisions as fall within the jurisdic- tion of the committee concerned. cipal residence; to the Committee on Ways tion of the committee concerned. By Mr. NEUGEBAUER: and Means. By Mr. BOREN: By Mr. BUYER (for himself, Mr. BILI- H.R. 301. A bill to amend the Internal Rev- H.R. 310. A bill to provide for the convey- RAKIS, Mr. BOOZMAN, Mr. LAMBORN, enue Code of 1986 to prevent pending tax in- ance of approximately 140 acres of land in Mr. BUCHANAN, Mr. STEARNS, and Ms. creases and to provide additional tax reduc- the Ouachita National Forest in Oklahoma GINNY BROWN-WAITE of Florida): tions to stimulate economic growth; to the to the Indian Nations Council, Inc., of the H.R. 293. A bill to amend title 38, United Committee on Ways and Means. Boy Scouts of America, and for other pur- States Code, to direct the Secretary of Labor By Mr. ACKERMAN (for himself, Mrs. poses; to the Committee on Natural Re- to carry out a grant program to provide re- MALONEY, Mr. WEINER, Mr. CAPUANO, sources. integration services through programs and Mrs. MCCARTHY of New York, Mrs. By Mr. BRADY of Texas (for himself, facilities that emphasize services for home- LOWEY, and Mr. PERLMUTTER): Mr. KINGSTON, Mr. AKIN, Mr. BAR- less women veterans and homeless veterans H.R. 302. A bill to require the Securities RETT of South Carolina, Mr. BART- with children; to the Committee on Vet- and Exchange Commission to reinstate the LETT, Mrs. BLACKBURN, Mr. BROUN of erans’ Affairs. uptick rule on short sales of securities; to Georgia, Mr. CONAWAY, Mr. FRANKS of By Mr. BUYER (for himself, Mr. BILI- the Committee on Financial Services. Arizona, Mr. GARRETT of New Jersey, RAKIS, Mr. BOOZMAN, Mr. ROONEY, Mr. By Mr. BILIRAKIS: Mr. GINGREY of Georgia, Mr. BUCHANAN, and Ms. GINNY BROWN- H.R. 303. A bill to amend title 10, United HENSARLING, Mr. JORDAN of Ohio, Mr. WAITE of Florida): States Code, to permit additional retired LAMBORN, Mr. MCCLINTOCK, Mr. H.R. 294. A bill to amend title 38, United members of the Armed Forces who have a PITTS, and Mr. POSEY): States Code, to provide for the reauthoriza- service-connected disability to receive both H.R. 311. A bill to cap discretionary spend- tion of the Department of Veterans Affairs disability compensation from the Depart- ing, eliminate wasteful and duplicative agen- small business loan program, and for other ment of Veterans Affairs for their disability cies, reform entitlement programs, and re- purposes; to the Committee on Veterans’ Af- and either retired pay by reason of their form the congressional earmark process; to fairs. years of military service or Combat-Related the Committee on the Budget, and in addi- By Mr. BUYER (for himself, Mr. BILI- Special Compensation and to eliminate the tion to the Committees on Rules, and Over- RAKIS, Mr. BOOZMAN, Mr. BUCHANAN, phase-in period under current law with re- sight and Government Reform, for a period and Mr. STEARNS): spect to such concurrent receipt; to the Com- to be subsequently determined by the Speak- H.R. 295. A bill to authorize appropriations mittee on Armed Services, and in addition to er, in each case for consideration of such pro- for the veterans’ workforce investment pro- the Committee on Veterans’ Affairs, for a pe- visions as fall within the jurisdiction of the grams; to the Committee on Education and riod to be subsequently determined by the committee concerned. Labor. Speaker, in each case for consideration of By Mr. BRALEY of Iowa: By Mr. BUYER (for himself, Mr. such provisions as fall within the jurisdic- H.R. 312. A bill to amend the Internal Rev- BOOZMAN, Mr. ROONEY, Mr. STEARNS, tion of the committee concerned. enue Code of 1986 to extend the credit for and Ms. GINNY BROWN-WAITE of Flor- By Mr. KIRK (for himself and Mr. electricity produced from certain renewable ida): CAPUANO): resources; to the Committee on Ways and H.R. 296. A bill to amend title 10, United H.R. 304. A bill to award a Congressional Means. States Code, to revise the process by which a Gold Medal to Joseph Barnett Kirsner, M.D., By Mr. CUELLAR: member of the Armed Forces is retired for Ph.D., in recognition of his many out- H.R. 313. A bill to amend title 11, United disability and becomes eligible for retire- standing contributions to the Nation; to the States Code, to establish a priority for the ment pay, and for other purposes; to the Committee on Financial Services. payment of claims for duties paid to the Committee on Armed Services. By Mr. KIRK (for himself, Mr. COHEN, United States by licensed customs brokers By Mr. BUYER (for himself, Mr. BILI- and Mr. WHITFIELD): and sureties on behalf of a debtor; to the RAKIS, Mr. BOOZMAN, and Mr. BU- H.R. 305. A bill to amend title 49, United Committee on the Judiciary. CHANAN): States Code, to prohibit the transportation By Mr. CUELLAR: H.R. 297. A bill to amend title 38, United of horses in interstate transportation in a H.R. 314. A bill to increase the number of States Code, to provide for an increase in the motor vehicle containing 2 or more levels Federal judgeships in certain judicial dis- amount of subsistence allowance payable by stacked on top of one another; to the Com- tricts with heavy caseloads of criminal im- the Secretary of Veterans Affairs to veterans mittee on Transportation and Infrastruc- migration cases; to the Committee on the participating in vocational rehabilitation ture. Judiciary. programs, and for other purposes; to the By Mr. KIRK (for himself and Mr. By Mr. CUELLAR: Committee on Veterans’ Affairs. MCDERMOTT): H.R. 315. A bill to require the establish- By Mr. BOUSTANY: H.R. 306. A bill to amend title XVIII of the ment of customer service standards for Fed- H.R. 298. A bill to amend title XXI of the Social Security Act to provide coverage for eral agencies; to the Committee on Oversight Social Security Act to require SCHIP annual kidney disease education services under the and Government Reform. reports to include information on the HEDIS Medicare Program, and for other purposes; By Mr. DELAHUNT (for himself and measure relating to access to primary care to the Committee on Energy and Commerce, Mr. CAPUANO):

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H.R. 316. A bill to amend the Omnibus purposes; to the Committee on Natural Re- WESTMORELAND, Ms. SHEA-PORTER, Parks and Public Lands Management Act of sources. Mr. TAYLOR, Mrs. GILLIBRAND, Mr. 1996 to authorize the Secretary of the Inte- By Mr. GRIJALVA: COURTNEY, Mr. MOORE of Kansas, Mr. rior to enter into cooperative agreements H.R. 325. A bill to amend the Reclamation BISHOP of Georgia, Mr. GOHMERT, Mr. with any of the management partners of the Wastewater and Groundwater Study and Fa- BOUCHER, Mr. SCHIFF, Mr. DEFAZIO, Boston Harbor Islands National Recreation cilities Act to authorize the Secretary of the Mr. BRADY of Pennsylvania, and Mr. Area, and for other purposes; to the Com- Interior to participate in the Avra/Black MCINTYRE): mittee on Natural Resources. Wash Reclamation and Riparian Restoration H.R. 333. A bill to amend title 10, United By Mr. DELAHUNT: Project; to the Committee on Natural Re- States Code, to permit retired members of H.R. 317. A bill to amend the Adams Na- sources. the Armed Forces who have a service-con- tional Historical Park Act of 1998 to include By Mr. GRIJALVA: nected disability rated less than 50 percent the Quincy Homestead within the boundary H.R. 326. A bill to direct the Secretary of to receive concurrent payment of both re- of the Adams National Historical Park, and the Interior to take lands in Yuma County, tired pay and veterans’ disability compensa- for other purposes; to the Committee on Nat- Arizona, into trust as part of the reservation tion, to eliminate the phase-in period for ural Resources. of the Cocopah Tribe of Arizona, and for concurrent receipt, to extend eligibility for By Mr. DELAHUNT (for himself and other purposes; to the Committee on Natural concurrent receipt to chapter 61 disability Mr. MARKEY of Massachusetts): Resources. retirees with less than 20 years of service, H.R. 318. A bill to extend the authority for By Mr. HASTINGS of Florida (for him- and for other purposes; to the Committee on the Cape Cod National Seashore Advisory self, Ms. ROS-LEHTINEN, Ms. Armed Services, and in addition to the Com- Commission; to the Committee on Natural WASSERMAN SCHULTZ, Mr. MARIO mittee on Veterans’ Affairs, for a period to Resources. DIAZ-BALART of Florida, Mr. MEEK of be subsequently determined by the Speaker, By Mr. LINCOLN DIAZ-BALART of Florida, Mr. BROWN of South Caro- in each case for consideration of such provi- Florida: lina, Mr. BISHOP of Georgia, Mr. sions as fall within the jurisdiction of the H.R. 319. A bill to amend titles XIX and MACK, Mr. LINCOLN DIAZ-BALART of committee concerned. XXI of the Social Security Act to permit Florida, Ms. BORDALLO, Ms. CASTOR By Ms. LEE of California: States the option of coverage of legal immi- of Florida, Mr. WEXLER, Mr. MCIN- H.R. 334. A bill to provide for the appoint- grants under the Medicaid Program and the TYRE, Mr. MOORE of Kansas, Mr. BILI- ment of a high-level United States represent- State Children’s Health Insurance Program RAKIS, Mr. WEINER, Mr. MELANCON, ative or special envoy for Iran for the pur- (SCHIP); to the Committee on Energy and and Mr. BUCHANAN): pose of easing tensions and normalizing rela- Commerce, and in addition to the Committee H.R. 327. A bill to establish the National tions between the United States and Iran; to on the Judiciary, for a period to be subse- Hurricane Research Initiative to improve the Committee on Foreign Affairs. quently determined by the Speaker, in each hurricane preparedness, and for other pur- By Ms. LEE of California: case for consideration of such provisions as poses; to the Committee on Science and H.R. 335. A bill to ensure that any agree- fall within the jurisdiction of the committee Technology. ment with Iraq containing a security com- concerned. By Mr. HINCHEY (for himself, Ms. mitment or arrangement is concluded as a By Mr. ELLSWORTH (for himself, Mr. SCHWARTZ, Mr. ENGEL, Mr. CASTLE, treaty or is approved by Congress; to the BACHUS, Mr. MOORE of Kansas, and Mr. MORAN of Virginia, Mr. MURPHY Committee on Foreign Affairs, and in addi- Ms. GRANGER): of Connecticut, Mr. PATRICK MURPHY tion to the Committees on Armed Services, H.R. 320. A bill to amend the National of Pennsylvania, Mr. SERRANO, Mr. and Rules, for a period to be subsequently Manufactured Housing Construction and KENNEDY, Mr. OBERSTAR, Mr. determined by the Speaker, in each case for Safety Standards Act of 1974 to require that FATTAH, Mr. HOLT, and Mr. consideration of such provisions as fall with- weather radios be installed in all manufac- COURTNEY): tured homes manufactured or sold in the H.R. 328. A bill to amend the National in the jurisdiction of the committee con- United States; to the Committee on Finan- Trails System Act to designate the Wash- cerned. cial Services. ington-Rochambeau Revolutionary Route By Ms. LEE of California (for herself, By Mr. FORTENBERRY (for himself, National Historic Trail; to the Committee on Ms. WOOLSEY, Mr. KUCINICH, Ms. EDDIE BERNICE JOHNSON of Texas, and Mr. BURGESS, Mr. SESSIONS, Mr. Natural Resources. Mr. BRADY of Pennsylvania): TERRY, Mr. PRICE of Georgia, and Mr. By Ms. LEE of California (for herself, H.R. 336. A bill to provide for the issuance SHADEGG): Mr. ELLISON, and Mr. DAVIS of Illi- H.R. 321. A bill to amend title XXI of the nois): of a semipostal to benefit the Peace Corps; to Social Security Act to expand coverage op- H.R. 329. A bill to amend the Personal Re- the Committee on Oversight and Govern- tions under the State Children’s Health In- sponsibility and Work Opportunity Rec- ment Reform, and in addition to the Com- surance Program (SCHIP) through premium onciliation Act of 1996 to repeal the denial of mittee on Foreign Affairs, for a period to be assistance; to the Committee on Energy and food stamp eligibility of ex-offenders; to the subsequently determined by the Speaker, in Commerce, and in addition to the Commit- Committee on Agriculture. each case for consideration of such provi- tees on Ways and Means, and Education and By Ms. LEE of California: sions as fall within the jurisdiction of the Labor, for a period to be subsequently deter- H.R. 330. A bill to establish grant programs committee concerned. mined by the Speaker, in each case for con- to encourage energy-efficient economic de- By Mr. MATHESON: sideration of such provisions as fall within velopment and green job training and cre- H.R. 337. A bill to provide for the sale of the jurisdiction of the committee concerned. ation, and to establish the Metro Area Green approximately 25 acres of public land to the By Mr. GENE GREEN of Texas: Institute to produce and disseminate best Turnabout Ranch, Escalante, Utah, at fair H.R. 322. A bill to amend title II of the So- practice information to economic and work- market value; to the Committee on Natural cial Security Act to remove the limitation force development initiatives undertaken by Resources. upon the amount of outside income which an metropolitan communities nationally; to the By Mr. MATHESON: individual may earn while receiving benefits Committee on Education and Labor. H.R. 338. A bill to authorize the Boy Scouts under such title, and for other purposes; to By Ms. LEE of California (for herself, of America to exchange certain land in the the Committee on Ways and Means. Mr. KUCINICH, Mr. RANGEL, Ms. EDDIE State of Utah acquired under the Recreation By Mr. GENE GREEN of Texas: BERNICE JOHNSON of Texas, Mr. and Public Purposes Act; to the Committee H.R. 323. A bill to amend title XXVII of the FATTAH, Ms. CORRINE BROWN of Flor- on Natural Resources. Public Health Service Act and title I of the ida, Mr. PAYNE, Ms. SCHAKOWSKY, and By Mr. PLATTS: Employee Retirement Income Security Act Mr. HONDA): H.R. 339. A bill to extend the expiration of 1974 to require that group and individual H.R. 331. A bill to establish the Inde- date of coupons issued under the digital tele- health insurance coverage and group health pendent Commission on the 2004 Coup d’Etat vision converter box program; to the Com- plans provide comprehensive coverage for in the Republic of Haiti; to the Committee mittee on Energy and Commerce. childhood immunization; to the Committee on Foreign Affairs. By Mr. PLATTS: on Energy and Commerce, and in addition to By Ms. LEE of California: H.R. 340. A bill to authorize the Secretary the Committee on Education and Labor, for H.R. 332. A bill to provide that no funds of the Interior to study the suitability and a period to be subsequently determined by made available to the Department of the feasibility of designating Camp Security, lo- the Speaker, in each case for consideration Treasury may be used to implement, admin- cated in Springettsbury, York County, Penn- of such provisions as fall within the jurisdic- ister, or enforce regulations to require spe- sylvania, as a unit of the National Park Sys- tion of the committee concerned. cific licenses for travel-related transactions tem; to the Committee on Natural Re- By Mr. GRIJALVA (for himself and Ms. directly related to educational activities in sources. GIFFORDS): Cuba; to the Committee on Foreign Affairs. By Mr. PLATTS: H.R. 324. A bill to establish the Santa Cruz By Mr. MARSHALL (for himself, Mr. H.R. 341. A bill to amend the Internal Rev- Valley National Heritage Area, and for other JOHNSON of Georgia, Mr. BARROW, Mr. enue Code of 1986 to suspend the running of

VerDate Mar 15 2010 12:39 Apr 22, 2011 Jkt 079102 PO 00000 Frm 00017 Fmt 0688 Sfmt 0634 E:\BR09\H08JA9.000 H08JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 372 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 1 January 8, 2009 periods of limitation for credit or refund of in the jurisdiction of the committee con- commemorative postage stamp honoring overpayment of Federal income tax by vet- cerned. former Representative Shirley Chisholm, erans while their service-connected com- By Ms. TSONGAS: and that the Citizens’ Stamp Advisory Com- pensation determinations are pending with H.R. 351. A bill to expand the boundary of mittee should recommend to the Postmaster the Secretary of Veterans Affairs; to the the Minute Man National Historical Park in General that such a stamp be issued; to the Committee on Ways and Means. the Commonwealth of Massachusetts to in- Committee on Oversight and Government By Mr. PLATTS: clude Barrett’s Farm, and for other purposes; Reform. H.R. 342. A bill to amend the Internal Rev- to the Committee on Natural Resources. By Ms. JACKSON-LEE of Texas: enue Code of 1986 to provide for an enhanced By Mr. WALDEN: H. Res. 32. A resolution recognizing the deduction for qualified residence interest on H.R. 352. A bill to authorize the Secretary historic steps India and Pakistan have taken acquisition indebtedness for heritage homes; of the Interior to assist in the planning, de- toward achieving bilateral peace; to the to the Committee on Ways and Means. sign, and construction of the Tumalo Irriga- Committee on Foreign Affairs. By Mr. PLATTS: tion District Water Conservation Project in By Ms. JACKSON-LEE of Texas: H.R. 343. A bill to amend the Internal Rev- Deschutes County, Oregon; to the Committee H. Res. 33. A resolution expressing the enue Code of 1986 to allow volunteer fire- on Natural Resources. sense of the House of Representatives that fighters a deduction for personal safety By Ms. JACKSON-LEE of Texas: the Government of Iran’s lack of protection clothing; to the Committee on Ways and H.J. Res. 12. A joint resolution expressing for internationally recognized human rights Means. support for designation of September 2009 as creates poor conditions for religious freedom By Mr. PLATTS: ‘‘Gospel Music Heritage Month’’ and hon- in the Islamic Republic of Iran; to the Com- H.R. 344. A bill to amend the Internal Rev- oring gospel music for its valuable and long- mittee on Foreign Affairs. enue Code of 1986 to allow a full deduction standing contributions to the culture of the By Ms. PELOSI (for herself, Mr. for meals and lodging in connection with United States; to the Committee on Over- BOEHNER, Mr. HOYER, Mr. CANTOR, medical care; to the Committee on Ways and sight and Government Reform. Mr. CLYBURN, Mr. PENCE, Mr. LARSON Means. By Ms. KAPTUR (for herself and Mr. of Connecticut, Mr. MCCARTHY of California, Mr. BERMAN, Ms. ROS- By Mr. PLATTS: HIGGINS): H.R. 345. A bill to amend the Internal Rev- H.J. Res. 13. A joint resolution proposing LEHTINEN, Mr. ACKERMAN, and Mr. enue Code of 1986 to increase the standard an amendment to the Constitution of the BURTON of Indiana): H. Res. 34. A resolution recognizing Israel’s mileage rate for charitable purposes to the United States relating to limitations on the right to defend itself against attacks from standard mileage rate established by the amounts of contributions and expenditures Gaza, reaffirming the United States’ strong Secretary of the Treasury for business pur- that may be made in connection with cam- support for Israel, and supporting the Israeli- poses; to the Committee on Ways and Means. paigns for election to public office; to the Palestinian peace process; to the Committee By Mr. PLATTS (for himself and Ms. Committee on the Judiciary. on Foreign Affairs. FOXX): By Mr. PLATTS: By Mr. GENE GREEN of Texas: H.R. 346. A bill to repeal the provision of H.J. Res. 14. A joint resolution proposing H. Res. 35. A resolution expressing the law that provides for automatic pay adjust- an amendment to the Constitution of the sense of the House of Representatives that ments for Members of Congress; to the Com- United States to limit the number of con- Congress should provide increased Federal mittee on House Administration, and in ad- secutive terms that a Member of Congress funding for continued type 1 diabetes re- dition to the Committee on Oversight and may serve; to the Committee on the Judici- search; to the Committee on Energy and Government Reform, for a period to be sub- ary. Commerce. sequently determined by the Speaker, in By Mr. PLATTS: By Ms. LEE of California (for herself, each case for consideration of such provi- H.J. Res. 15. A joint resolution proposing Mr. CARSON of Indiana, Mr. SCOTT of sions as fall within the jurisdiction of the an amendment to the Constitution of the Virginia, Mr. LEWIS of Georgia, Mr. committee concerned. United States to authorize the line item MEEK of Florida, Ms. MATSUI, Mr. By Mr. SCHIFF (for himself, Mr. SKEL- veto; to the Committee on the Judiciary. MCGOVERN, Mr. RANGEL, Mr. TON, Mr. HONDA, Mr. ABERCROMBIE, By Mr. KING of Iowa: HASTINGS of Florida, Ms. MOORE of Ms. BORDALLO, Ms. ROYBAL-ALLARD, H.J. Res. 16. A joint resolution proposing Wisconsin, Mr. MORAN of Virginia, Mr. INSLEE, and Mr. MCCOTTER): an amendment to the Constitution of the Ms. CLARKE, Mr. HINCHEY, Ms. H.R. 347. A bill to grant the congressional United States to repeal the sixteenth article MCCOLLUM, Ms. EDDIE BERNICE JOHN- gold medal, collectively, to the 100th Infan- of amendment; to the Committee on the Ju- SON of Texas, Mr. SERRANO, Ms. try Battalion and the 442nd Regimental diciary. SCHAKOWSKY, Mr. MEEKS of New Combat Team, United States Army, in rec- By Ms. JACKSON-LEE of Texas: York, Ms. ROYBAL-ALLARD, Ms. JACK- ognition of their dedicated service during H. Con. Res. 11. Concurrent resolution rec- SON-LEE of Texas, Mr. BUTTERFIELD, World War II; to the Committee on Financial ognizing the disproportionate impact of the Mrs. CHRISTENSEN, Ms. BORDALLO, Services, and in addition to the Committee global food crisis on children in the devel- Mr. BOSWELL, Mr. STARK, Mr. RUSH, on House Administration, for a period to be oping world; to the Committee on Foreign Ms. DEGETTE, Ms. RICHARDSON, Ms. subsequently determined by the Speaker, in Affairs. CORRINE BROWN of Florida, Mr. each case for consideration of such provi- By Mr. COHEN: TOWNS, Ms. EDWARDS of Maryland, sions as fall within the jurisdiction of the H. Con. Res. 12. Concurrent resolution ex- and Ms. WOOLSEY): committee concerned. pressing the sense of Congress that the H. Res. 36. A resolution acknowledging the By Mr. SKELTON: United States Postal Service should issue a 40th anniversary of the election of Shirley H.R. 348. A bill to direct the Secretary of commemorative postage stamp honoring Anita St. Hill Chisholm, the first African- the Interior to complete a special resource Sam Phillips and that the Citizens’ Stamp American woman in Congress; to the Com- study to determine the suitability and feasi- Advisory Committee should recommend to mittee on House Administration. bility of adding the birthplace site to the the Postmaster General that such a stamp be Harry S Truman National Historic Site or issued; to the Committee on Oversight and f designating the site as a separate unit of the Government Reform. PRIVATE BILLS AND National Park System, and for other pur- By Ms. KAPTUR (for herself and Mr. RESOLUTIONS poses; to the Committee on Natural Re- HIGGINS): sources. H. Con. Res. 13. Concurrent resolution ex- Under clause 3 of rule XII, private By Mr. TERRY (for himself, Mr. SMITH pressing the sense of Congress that the Su- bills and resolutions of the following of Nebraska, and Mr. FORTENBERRY): preme Court misinterpreted the First titles were introduced and severally re- H.R. 349. A bill to authorize an additional Amendment to the Constitution in the case ferred, as follows: district judgeship for the district of Ne- of Buckley v. Valeo; to the Committee on By Mr. GUTIERREZ: braska; to the Committee on the Judiciary. the Judiciary. H.R. 353. A bill for the relief of Simeon By Mr. TERRY: By Ms. LEE of California (for herself, Simeonov, Stela Simeonova, Stoyan H.R. 350. A bill to amend the Rules of the Mr. CARNAHAN, and Mr. BURGESS): Simeonov, and Vania Simeonova; to the House of Representatives to require com- H. Con. Res. 14. Concurrent resolution sup- Committee on the Judiciary. mittee reports to include domestic energy porting the goals and ideals of Multiple Scle- By Mr. GUTIERREZ: impact statements, and for other purposes; rosis Awareness Week; to the Committee on H.R. 354. A bill for the relief of Gloria to the Committee on Rules, and in addition Energy and Commerce. Ayala Cuyuch; to the Committee on the Ju- to the Committee on Oversight and Govern- By Ms. LEE of California: diciary. ment Reform, for a period to be subsequently H. Con. Res. 15. Concurrent resolution ex- By Mr. GUTIERREZ: determined by the Speaker, in each case for pressing the sense of Congress that the H.R. 355. A bill for the relief of Francisca consideration of such provisions as fall with- United States Postal Service should issue a Lino; to the Committee on the Judiciary.

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By Mr. GUTIERREZ: H.R. 12: Ms. ESHOO, Mr. PRICE of North H.R. 219: Mr. POE of Texas. H.R. 356. A bill for the relief of Rebeca Carolina, Mr. RANGEL, Mr. CONNOLLY of Vir- H.R. 225: Mr. DINGELL, Ms. LORETTA Rojas de Guzman; to the Committee on the ginia, Mr. DRIEHAUS, Mr. HIMES, Mr. TEAGUE, SANCHEZ of California, Mr. GRAYSON, Ms. Judiciary. Mrs. DAHLKEMPER, Mr. BOCCIERI, Ms. KILROY, ROYBAL-ALLARD, Ms. WATERS, and Mr. FIL- By Ms. EDDIE BERNICE JOHNSON of Mr. LUJA´ N, Mr. NYE, Ms. FUDGE, Mr. MASSA, NER. Texas: Mrs. HALVORSON, Mr. PIERLUISI, Ms. TITUS, H.R. 226: Mrs. CAPITO, Mr. DENT, Mr. H.R. 357. A bill for the relief of Jose de Mr. ADLER of New Jersey, Mr. MARSHALL, EHLERS, Mr. FRELINGHUYSEN, Mrs. MYRICK, Jesus Ibarra, Monica Ibarra Rodriguez, and Mr. POLIS of Colorado, Mr. PASTOR of Ari- Mr. POE of Texas, Mr. RADANOVICH, Mr. Cristina Gamez; to the Committee on the Ju- zona, Mr. MEEK of Florida, and Ms. ROYBAL- ROSKAM, Mr. ROGERS of Michigan, Mr. MCIN- diciary. ALLARD. TYRE, Mr. ALTMIRE, and Mrs. EMERSON. By Mr. KING of New York: H.R. 13: Mr. SIRES. H.R. 253: Ms. FUDGE, Mr. CONNOLLY of Vir- H.R. 358. A bill for the relief of Alemseghed H.R. 16: Mr. GONZALEZ and Mr. BUCHANAN. ginia, and Mr. FILNER. Mussie Tesfamical; to the Committee on the H.R. 25: Mrs. MYRICK. H. Res. 18: Mr. MORAN of Virginia, Mr. Judiciary. H.R. 40: Mr. GUTIERREZ. SERRANO, Mrs. TAUSCHER, Mr. BLUMENAUER, By Ms. LEE of California: H.R. 81: Mr. KIND. Mr. MATHESON, and Ms. EDWARDS of Mary- H.R. 359. A bill for the relief of Geert H.R. 97: Mr. GUTIERREZ and Mr. BOUCHER. land. Botzen; to the Committee on the Judiciary. H.R. 100: Mr. TIBERI. By Mr. MCHUGH: H.R. 103: Mr. GUTIERREZ. H. Res. 19: Mr. DENT, Mr. EHLERS, and Mrs. H.R. 360. A bill to authorize the Secretary H.R. 105: Mr. GUTIERREZ. EMERSON. of the department in which the Coast Guard H.R. 124: Mr. CAMPBELL. H. Res. 31: Mr. MARKEY of Massachusetts, is operating to issue a certificate of docu- H.R. 135: Mr. JOHNSON of Georgia, Mr. Mr. BARTON of Texas, Mr. MCGOVERN, Mr. mentation for operation in the coastwise HINOJOSA, and Mr. DEAL of Georgia. DREIER, and Mr. COBLE. trade for the vessel ZIPPER; to the Com- H.R. 143: Ms. GRANGER. mittee on Transportation and Infrastruc- H.R. 147: Mr. MICHAUD, Mr. HOLDEN, Mr. f ture. REYES, Mr. MORAN of Virginia, and Mr. f FATTAH. H.R. 156: Mr. POSEY. PETITIONS, ETC. ADDITIONAL SPONSORS H.R. 161: Mr. PLATTS and Mr. HENSARLING. Under clause 3 of rule XII, Under clause 7 of rule XII, sponsors H.R. 176: Mrs. MALONEY. H.R. 179: Ms. BALDWIN and Ms. MATSUI. 2. The SPEAKER presented a petition of were added to public bills and resolu- H.R. 186: Mr. BISHOP of Georgia, Mr. the City of Margate, Florida, relative to Res- tions as follows: BOOZMAN, Mr. BUTTERFIELD, Mr. COHEN, Mr. olution No. 11–354 objecting to the state re- H.R. 11: Ms. ESHOO, Mr. PRICE of North CUMMINGS, Mr. GRIJALVA, Mr. HINOJOSA, Ms. quiring present users of the Margate utility Carolina, Mr. GRAYSON, Mr. RANGEL, Mr. JACKSON-LEE of Texas, Mr. LEWIS of Georgia, system to pay for all alternative water CONNOLLY of Virginia, Mr. DRIEHAUS, Mr. Ms. ZOE LOFGREN of California, Mrs. sources without additional funding or grants HIMES, Mr. TEAGUE, Mrs. DAHLKEMPER, Mr. MALONEY, Mr. MEEKs of New York, Mr. from the State of Florida and urging the BOCCIERI, Ms. KILROY, Mr. LUJA´ N, Mr. NYE, MORAN of Virginia, Mrs. NAPOLITANO, Mr. State of Florida to either provide additional Ms. FUDGE, Mr. MASSA, Mrs. HALVORSON, Mr. SARBANES, Mr. SIRES, Mr. THOMPSON of Mis- revenue sources or withdraw the require- PIERLUISI, Ms. TITUS, Mr. ADLER of New Jer- sissippi, Mr. TOWNS, and Mr. HOLT. ment that utility systems find alternative sey, Mr. MARSHALL, Mr. POLIS of Colorado, H.R. 196: Mr. MCCOTTER. water sources; and providing for an effective Mr. PASTOR of Arizona, Mr. MURTHA, Mr. H.R. 200: Mr. GUTIERREZ, Mr. COHEN, and date; which was referred to the Committee MEEK of Florida, and Ms. ROYBAL-ALLARD. Ms. EDWARDS of Maryland. on Natural Resources.

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IN HONOR OF SGT JOHN SAVAGE, 2008, Mrs. Maggie Katie Brown Kidd turned service and that too often result in their be- USA 104 years old and I am honored to serve as coming homeless. a spokesman for Mrs. Kidd’s family members For veterans, especially women veterans HON. KAY GRANGER and friends who recognized her birthday with and veterans with dependent children, those OF TEXAS a party in November of last year. challenges can become nearly insurmountable IN THE HOUSE OF REPRESENTATIVES Born during President Theodore Roosevelt’s when combined with a lack of appropriate second term in office, Mrs. Kidd has been housing. This legislation seeks to provide ap- Thursday, January 8, 2009 blessed to see 17 Presidents in her lifetime. propriate housing for women veterans and Ms. GRANGER. Madam Speaker, I rise The eleventh and youngest child of William family-style housing for any homeless veteran today to honor the courage of a brave and and Lucy Brown, Mrs. Kidd learned the impor- with dependent children. Specifically, this bill dedicated hero of the State of Texas and of tance of hard work and faith in God at an creates a new grant for providers that offer our Nation. early age. Baptized at the Mount Zion Baptist family-style housing for homeless veterans Sergeant John J. Savage was a soldier in by the Reverend Henry Gresham, she served with dependent children. the United States Army and a true American under the leadership of the Reverend W.M. The bill also requires recipients to provide hero. John gave his life in the service of his Combs until to she moved to her current home employment counseling, placement assist- country on December 4, 2008, when an explo- in Atlanta Ga. However, her faith is her Lord ance, literacy, job skill training, and child care sives-laden SUV broadsided Sergeant Sav- and her dedication to the church never left her services as well as the unique services that age’s armored vehicle in Mosul, Iraq. and she instilled the traditions of faith and her are needed for homeless veteran families and Assigned to 2nd 103rd Engineer Company, work in her own family. She married the late women veterans. The Department of Labor’s 94th Engineer Battalion, Sergeant Savage did Willie Kidd, III on November 30, 1940, and to- Veteran Employment and Training Service his part during a time of war, an action that gether they raised their two children, John and would administer the program within their suc- speaks volumes far greater than words about Rosalyn. She is also the proud grandmother to cessful Homeless Veteran Reintegration Pro- his character and patriotism. four and the great-grandmother to three and gram (HVRP). A native of Weatherford, Texas, John had serves as the matriarch of her loving family. The bill also requires that the current bien- aspirations for a life in the military from a Mrs. Kidd’s family describes her as a loving nial reports to Congress include data that young age. As stated by his mother, ‘‘He and selfless member of her community, offer- shows results and outcomes of the services loved the military. It was a lifelong dream of ing her time and whatever she has to those in provided to the homeless women veterans his.’’ need. She is also an avid quilter and partici- and homeless veterans with dependent chil- John had been on active duty in the United pates in family gathers and activities outside dren. The bill authorizes appropriations of States Army for 6 years. He spent 3 years sta- of Georgia. Her most favorite moments, how- $10,000,000 for each fiscal year for the pro- tioned in Germany prior to his first deployment ever, are the ones on a quiet afternoon stitch- gram. to Iraq in 2005 and was then deployed for a ing in her favorite chair. If this bill is enacted, it would provide valu- second tour in September of 2007. Madam Speaker, I am so honored to serve able services to this vulnerable population of Sergeant Savage’s three-year-old daughter, as Mrs. Kidds representative. Her life is a liv- veterans and help stem the tide of chronic Nicole, will continue to learn of her father ing history of the times and events that have homelessness. I urge my colleagues to sup- through family and friends. John’s father, a re- shaped our great land and is a monument to port and co-sponsor the measure. tired Master Sergeant from the United States how far we’ve come as a Nation. Moreover, f Army, commented on his son by stating, ‘‘His her life serves as a testament to individuals family was his number one priority.’’ and families everywhere that a strong binding HONORING DAVID ‘‘NICK’’ LYNCH Our thoughts and prayers are with Sergeant faith in the Lord, coupled with hard work and Savage’s daughter, parents, siblings, and all a dedication to family will carry you far in life. HON. STENY H. HOYER of his family and friends. His community and As the Proverb states, ‘‘favour is deceitful, and OF MARYLAND Nation honor his memory, and we are grateful beauty is vain: but a woman that feareth the IN THE HOUSE OF REPRESENTATIVES for his faithful and distinguished service to LORD, she shall be praised’’. Mrs. Maggie Thursday, January 8, 2009 America. Katie Brown Kidd truly embodies the example Sergeant Savage will not be forgotten. His of a virtuous woman and I ask my colleagues Mr. HOYER. Madam Speaker, I rise to memory lives on through his family and the to join me in recognizing her life by wishing honor the memory of Suitland High School legacy of selfless service that he so bravely her a very happy 104th birthday. head football coach David ‘‘Nick’’ Lynch, who was killed in a car accident last week, at the imprinted on our hearts. f f age of 43. Nick Lynch was one of the most re- INTRODUCTION OF H.R. 293, THE spected football coaches in Maryland, leading CELEBRATION OF MRS. MAGGIE HOMELESS WOMEN VETERAN the Suitland High team for 12 years and taking KATIE BROWN KIDD’S 104TH AND HOMELESS VETERANS WITH it to two state championships. BIRTHDAY CHILDREN REINTEGRATION More than his coaching success, though, GRANT PROGRAM ACT OF 2009 Coach Lynch was set apart by his devotion to HON. DAVID SCOTT his players and outsized role in the Prince OF GEORGIA HON. STEVE BUYER George’s County community. As Suitland Prin- IN THE HOUSE OF REPRESENTATIVES OF INDIANA cipal Mark Fossett said, ‘‘He’s had an impact IN THE HOUSE OF REPRESENTATIVES on so many people’s lives—not only football Thursday, January 8, 2009 players, but students in general. It wasn’t like Mr. SCOTT of Georgia. Madam Speaker, as Thursday, January 8, 2009 Nick was just the head coach of football. This the Proverb states, ‘‘Who can find a virtuous Mr. BUYER. Madam Speaker, today I am is a devastating loss to our community, to our woman? For her price is far above rubies.’’ I introducing the Homeless Women Veteran and family.’’ Many of his current and former play- rise today to recognize a truly virtuous woman Homeless Veterans with Children Reintegra- ers echoed that thought, speaking of Coach whose life is not only far above rubies, but tion Grant Program Act of 2009. Madam Lynch’s commitment to shaping the lives of his one of great milestones and accomplishments Speaker, veterans of all conflicts often face players off the field, inviting them to church that is worthy of celebration. On December 8, challenges that are unique to their military and meals, and acting as the caring authority

● 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 11:51 Jun 09, 2011 Jkt 079102 PO 00000 Frm 00001 Fmt 0689 Sfmt 9920 E:\BR09\E08JA9.000 E08JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 8, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 1 375 figure that many of them had lacked. Keith me in honoring his accomplishments and It is time that we heed these words by put- Brown, one of Suitland’s players, put it simply wishing him the best in future endeavors. ting an end to using double decker trucks to after Coach Lynch’s memorial service: ‘‘That’s f transport horses. This legislation, endorsed by my father.’’ the Humane Society, Animal Welfare Institute, At a service in which some mourners HONORING JAMES ALBON MATTOX Hooved Animal Rescue and Protection Soci- squeezed into stairways or sat in aisles, nearly ety, and the Communication Alliance to Net- 3,000 members of the Prince George’s com- HON. EDDIE BERNICE JOHNSON work Thoroughbred Ex-Racehorses would munity gathered to honor Nick Lynch’s impact OF TEXAS take steps toward preventing this disaster from on the lives of so many young men. Though IN THE HOUSE OF REPRESENTATIVES occurring again. Coach Lynch is gone, his influence will no Thursday, January 8, 2009 This bill prohibits the interstate transport of doubt endure in all the lives he touched. horses in a motor vehicle containing two or Ms. EDDIE BERNICE JOHNSON of Texas. more levels stacked on top of one another as f Madam Speaker, I rise today to recognize and well as creates civil penalties between $100 HONORING LEROY RADANOVICH pay tribute to the late James Mattox. Jim Mattox was a lifelong Dallasite. A grad- and $500 for each horse involved. In my own State of Illinois, the State Gen- uate of Woodrow Wilson High School, he also eral Assembly has already moved forward and HON. GEORGE RADANOVICH worked his way through the Baylor School of OF CALIFORNIA passed similar legislation. I urge my col- Business and earned a law degree from SMU. leagues to become a cosponsor of this bipar- IN THE HOUSE OF REPRESENTATIVES He served as an assistant district attorney in tisan commonsense legislation. Thursday, January 8, 2009 Dallas County before beginning his long polit- f Mr. RADANOVICH. Madam Speaker, I rise ical career in 1973 when he took office as a today to honor the accomplishments of Leroy State representative from East Dallas. From STEVE AND SHARON RUSNAK TO Radanovich. Mr. Radanovich was recognized there he was elected to Congress for three RETIRE: 70 YEARS OF COMBINED by the Mariposa County Board of Supervisors terms and ended his political service in 1991 SERVICE on December 9, 2008. when he stepped down from his post as Leroy Radanovich was born and raised in Texas attorney general. HON. STENY H. HOYER Mariposa County, CA. As a child, Yosemite Jim Mattox will be remembered as a man who fought for average, working Texans, and OF MARYLAND National Park was his playground. He grew up IN THE HOUSE OF REPRESENTATIVES learning to appreciate his surroundings and who left an unforgettable mark on Texas gov- his community. Through his love of nature, Mr. ernment in politics. He took on airlines and the Thursday, January 8, 2009 Radanovich began photographing areas of insurance industry—among many other cor- Mr. HOYER. Madam Speaker, I take this Mariposa and Yosemite Valley. Because of his porations—on behalf of Texas consumers. He opportunity to acknowledge the support staff talented eye for beauty today many of his pho- was one of the greatest attorney generals in that keeps the House up and running year- tographs can be found in numerous books and the State’s history. round and regardless of which party is in museums. Although his photography has After his political career Jim Mattox became power. Specifically, I would like to pay tribute spread his name around the world, it is his known as the ‘‘People’s Lawyer’’ and built a to Steve and Sharon Rusnak, a truly unique community activities that have made him a truly modern law practice. He and his staff couple who will both be retired within the next leader in Mariposa. handled more than 2 million cases, won judg- few months after serving ‘‘behind the scenes’’ Mr. Radanovich is a local business owner. ments totaling more than $2.5 billion for the in the House of Representatives for a truly re- Though retired from the pharmacy business, State, and opened up the diversity of the of- markable combined service of 70 years. he currently operates a photography business. fice by hiring more women and minority law- Most of our colleagues, along with countless He has served his community as a volunteer yers than the top 10 Texas law firms of that numbers of our constituents, have been on the firefighter, past president of the Lions Club, era combined. other side of Steve’s camera lens and have and past president of the Mariposa County Madam Speaker, Jim Mattox is survived by benefited from the skill, talent, and quiet dig- Water Agency. He served as president of the his wife Marta and their two children, Jim and nity that he has brought to his work in the Of- Mariposa Chamber of Commerce and assisted Janet, as well as his sister, Janice, and broth- fice of Photography for the past 32 years. in establishing multiple tourism and economic er, Jerry, both of Dallas. I ask my colleagues Steve joined the staff of the House in January development programs. From 1985 through to join with me in honoring the memory of Jim of 1977 and has been witness to and chron- 1988, Mr. Radanovich was elected as the su- Mattox. Although he has departed from us in icled the tremendous changes that have oc- pervisor of District 4 in Mariposa County. Dur- body, his memory will live on in each of us. curred within the Congress and the Nation for ing his role as supervisor he served as the f more than three decades. chairman of the board in 1987 and the presi- HORSE TRANSPORTATION SAFETY After attending Ohio State University, Steve dent of the San Joaquin Valley Supervisors ACT OF 2009 began his career as a lab technician and just Association in 1988. In 1987 he was instru- retired from the House as senior photog- mental in obtaining the designation of the Kern HON. MARK STEVEN KIRK rapher, having also served as acting manager and Merced Rivers as ‘‘National Wild and Sce- for the Office of Photography last year. OF ILLINOIS nic River’’ by the Federal Government. From Through his skill, hard work, and long hours IN THE HOUSE OF REPRESENTATIVES 1996 until 2003 he was a member of the Steve has made an important contribution to Mariposa Planning Commission and assisted Thursday, January 8, 2009 the archives of the House, providing a visual in developing the comprehensive update of Mr. KIRK. Madam Speaker, today Rep- recorded history and account of the House’s the General Plan. Mr. Radanovich is a mem- resentative STEVE COHEN and I introduced the work for these many years. ber of the Historical Sites and Records Preser- Horse Transportation Safety Act of 2009. In addition to being on hand to photograph vation Commission, the Cemetery Advisory In Wadsworth, IL, on Saturday, October 27, the annual State of the Union Address and Committee, and was influential in the restora- 2007, a double decker cattle truck carrying 59 other official events inside and outside of the tion of the Mariposa County Courthouse. Belgian draft horses overturned when the driv- House chamber, Steve has traveled the four Since 2006, he has served as the director of er ran a red light and hit another vehicle. corners of the world to record on film the work the Yosemite/Mariposa County Tourism Bu- Residents at the scene could hear the ani- of Members of the House. And for so many reau. Mr. Radanovich has been involved with mals kicking and screaming, panicked by their years he has rushed from office to office and nearly every significant project in Mariposa inability to escape. Eight horses died on the to the steps of the House chamber, in all kinds County since the 1960s. scene while another ten had to be euthanized. of weather, to photograph the visits made by Madam Speaker, I rise today to honor the After the crash, Wayne Pacelle, president and our constituents and other groups to Wash- accomplishments of Leroy Radanovich. Al- CEO of The Humane Society of the United ington. though he is going to move away from the States said, ‘‘What a gory mess we saw In addition to the professionalism and ability public role, I am certain that his influences will recently in Illinois. It must never happen he brings to his job as an official House pho- still be noticed. I invite my colleagues to join again . . .’’ tographer, his kind manner and ready smile

VerDate Mar 15 2010 11:51 Jun 09, 2011 Jkt 079102 PO 00000 Frm 00002 Fmt 0689 Sfmt 9920 E:\BR09\E08JA9.000 E08JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 376 EXTENSIONS OF REMARKS, Vol. 155, Pt. 1 January 8, 2009 have put many people at ease and given them VIOLENCE IN ISRAEL AND GAZA IN MEMORY OF PAUL WEYRICH a visual reminder of their visit to Capitol Hill which for many is a once in a lifetime oppor- HON. HARRY E. MITCHELL HON. JOE WILSON tunity. There is no telling how many people OF ARIZONA OF SOUTH CAROLINA Steve has photographed and touched in such IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES a unique way. Steve worked long hours and Thursday, January 8, 2009 Thursday, January 8, 2009 missed many lunches to do his job and to do Mr. MITCHELL. Madam Speaker, I rise it so well, and he was supported throughout Mr. WILSON of South Carolina. Madam today to address an issue that is very much the process by a woman who is no stranger Speaker, on December 18, Paul Weyrich, one on the minds of my constituents right now— of the founders of the modern conservative to the long hours and unique workplace that the violence in Israel and Gaza. movement, died. He successfully worked to exists here in the ‘‘people’s House.’’ This is a difficult time for Israel, and as its evolve conservatism from a status of nega- Sharon Rusnak began her service in the ally, I believe we must support its right to self- tivism to a dynamic movement promoting cre- House in 1967, as a summer intern to the late defense. ative and meaningful reforms. I personally saw Congressman Carl D. Perkins, D–KY. After Before I joined Congress, I had the privilege his success firsthand with the American Legis- graduating from Berea College, she worked in of visiting Israel. It was a trip that I will never lative Exchange Council developing State leg- his official office and went on to serve as ex- forget. I have always considered myself a islative reforms. And with Dr. Robert Krieble, I ecutive assistant for him, and after his death, friend of Israel, but that trip made me realize served on the delegation in August 1991 of just how much our two nations have in com- for his son Carl C. Perkins until 1993. In addi- the Krieble Institute to Sofia, Bulgaria, where mon. tion to maintaining a very full Hill schedule, Paul Weyrich gave presentations to the newly We all want peace, Madam Speaker, but elected democrats of the National Assembly Sharon earned a master’s degree in education clearly there can be no peace while Hamas who helped Bulgaria emerge from the dark- from George Washington University. continues to launch unprovoked rocket attacks ness of totalitarian Communism. Bulgaria After serving as office manager to former into Israel. today is a model free market democracy as a Representative Lynn Schenk, D–CA, Sharon We would not let Hamas launch rockets into valued member of NATO and the European joined the staff of former Congressman E the United States, and I do not know how we Union. His service to our nation will always be ‘‘Kika’’ de la Garza, D–TX, and served as could expect Israel to permit these attacks ei- appreciated. scheduler for the House Committee on Agri- ther. John Gizzi, columnist for Human Events culture until Kika’s retirement in 1996. For the I am deeply saddened by the casualties the professionally penned the following thoughtful recent conflict has inflicted, especially the civil- next 8 years, she served as office manager for tribute to Mr. Weyrich on the day of his pass- ian casualties. Each one of these is a tragedy, the committee’s ranking minority member, ing. and I sincerely hope that both sides will do ev- [From Human Events, Dec. 18, 2008] former Congressman Charlie Stenholm, D–TX. erything possible to avoid them. PAUL WEYRICH: RIP Sharon is currently serving as chief adminis- I am encouraged by Israel’s decision to tem- (By John Gizzi) trative officer for the Agriculture Committee porarily pause its military operations to allow chaired by Congressman Collin C. Peterson, delivery of humanitarian aid, and by Hamas’s Paul Weyrich—‘‘The midwife of the New D–MN, and will remain in that position for the Right’’. . . ‘‘Pope Paul’’. . . ‘‘The Man Who decision to cease rocket launches during Taught Conservatives to Network’’—passed next few months. these deliveries. While only three hours, this is away this morning after a long illness. Despite the long hours and hectic sched- an important step forward. I hope that a longer Weyrich was called a lot of things—and ules, Steve and Sharon Rusnak have enjoyed lasting peace can be achieved soon. some of them that originated on the left are f unprintable—but one thing admirers and en- a happy and productive life away from the emies of Paul Weyrich found inarguable: halls of Congress. They married in 1973 and CONGRATULATING RIVERHEAD that in 66 years of life, the man who raised two daughters, Shelley Brooke and BLUE WAVES FOOTBALL TEAM launched the Heritage Foundation and Free Stacey LeeAnn, and took an active hand in Congress Foundation and played a key role helping nurture their children’s educational and HON. TIMOTHY H. BISHOP in mobilizing cultural conservatives into po- athletic abilities. Steve served as a youth bas- litical battle was someone who left postwar OF NEW YORK conservatism and the world a different place ketball coach, youth soccer coach, and little IN THE HOUSE OF REPRESENTATIVES than it was before he came on the political league coach. A soccer player in her own Thursday, January 8, 2009 scene. In short, he was a man of con- right, Sharon also coached youth soccer, sequence. worked as a referee, and has experience as a Mr. BISHOP of New York. Madam Speaker, Born in Racine, Wisconsin, Weyrich had a liturgical dancer. today I rise to recognize the exceptional passion for politics almost since childhood. achievements of the Riverhead Blue Waves Active in Young Republicans at the Univer- Steve and Sharon’s commitment to their Football Team: 2008 Long Island Class II sity of Wisconsin (Madison), the young children is clear. Shelley graduated from Weyrich quit college to become a political Champions and the first Long Island squad in reporter for the Milwaukee Sentinel and Christopher Newport University and Stacey history to compile a record of 12–0. The Blue took her first degree from Virginia Tech, sub- later became a television reporter in Keno- Waves also earned the overall championship sha, Wisconsin and then in Denver, Colorado. sequently earning a nursing degree from for Suffolk County and the Rutgers Award as In 1967, Weyrich came to Washington as Marymount University in Arlington, VA. the county’s consensus best team. press secretary to conservative Sen. Gordon There is an expression that ‘‘slow and As always, Riverhead’s success was built Allot (R.–Col.). At one point, Weyrich later recalled to me, he had received an invitation steady wins the race.’’ For more than three on strong teamwork, solid coaching, and the contributions of talented individuals. Anchoring by mistake to a luncheon of liberal staffers decades the House of Representatives has on Capitol Hill. Weyrich attended anyway benefited from the tireless service of these a potent offense that averaged 35 points per and, in his words, ‘‘I saw all the liberal very capable civil servants. You won’t see game, senior running back Miguel Maysonet groups and staffers going through issues, giv- was voted the top offensive player in Suffolk their names on the election ballot every 2 ing assignments to people, and agreeing to County by opposing coaches. The same group meet again. Conservatives needed to be years, but the work of this body would be im- recognized one of their own, Riverhead Coach doing the same thing and I decided to do possible without individuals such as Steve and Leif Shay, as coach of the year. something about it.’’ Sharon Rusnak. Their dedication to their jobs, Madam Speaker, the success of Beginning with staffers from conservative their country and their family are an inspiration Riverhead’s football team has brought great House and Senate offices, and later with leaders of national right-of-center groups, to us all and I would like to thank and com- pride to their school and the community. I am mend them for their selfless service to this Weyrich began regular lunches and meetings pleased to join all residents of Riverhead in that are today a staple of the modern con- body. And I hasten to wish them a long, congratulating the Blue Waves on their ac- servative movement. With the financial sup- happy, and healthy retirement. They have cer- complishments, and wish the departing sen- port of Colorado beer baron Joseph Coors, tainly earned it. iors the best of luck in their future endeavors. Weyrich and fellow Hill staffer Ed Feulner

VerDate Mar 15 2010 11:51 Jun 09, 2011 Jkt 079102 PO 00000 Frm 00003 Fmt 0689 Sfmt 0634 E:\BR09\E08JA9.000 E08JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 8, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 1 377 launched the Heritage Foundation in 1973. A along with several of our other colleagues, are INTRODUCTION OF RESOLUTION counterforce to the liberal Brookings Insti- introducing the bipartisan Department of Vet- HONORING ‘‘GO FOR BROKE’’ tute, Heritage would grow into one of the REGIMENTS WITH CONGRES- most respected ‘‘think tanks’’ and provide erans Affairs, VA, Energy Sustainability Act of the intellectual firepower in the Reagan Ad- 2009. This legislation would establish strategic SIONAL GOLD MEDAL ministration in 1980 and to Congress after and long-term plans for energy sustainability Republicans won control of both Houses in and conservation within the VA. HON. ADAM B. SCHIFF 1994. OF CALIFORNIA Addressing our Nation’s energy problem In the 1970s, Weyrich helped launch the IN THE HOUSE OF REPRESENTATIVES Committee for the Survival of a Free Con- calls for Congress to adopt a multi-faceted ap- Thursday, January 8, 2009 gress (which later became the Free Congress proach to include the use of alternative fuels, Foundation) and the Moral Majority. Both restructuring building systems, and encour- Mr. SCHIFF. Madam Speaker, I rise today groups were pivotal in mobilizing religious aging the use of energy efficient systems and to introduce legislation recognizing the Japa- conservatives into political activity for can- nese-American 100th Infantry Battalion and didates and, in 1978, played critical roles in vehicles. Our bill would require a report on the 442nd Regimental Combat Team, commonly the elections of such conservative titans as installation of alternative fuel stations at VA fa- known as the ‘‘Go For Broke’’ regiments, for Sens. Bill Armstrong (R.–Col.) and Gordon cilities, as funded in P.L. 110–329, and require Humphrey (R.–NH) and Reps. Newt Gingrich their dedicated service to our Nation during (R.–GA) and Dan Lungren (R.–CA). a feasibility study regarding the installation of World War II. Quoting Napoleon’s celebrated question energy efficient and renewable energy sys- These brave men served with pride, cour- ‘‘How many legions does the Pope have?’’ tems in Department buildings. Such systems age and conviction, waging a war on two Weyrich once told me, ‘‘Believing Christians include solar technologies, energy efficient fronts—abroad against a forceful and oppres- now have many legions—and they’re vot- ing.’’ (Raised a Roman Catholic, Weyrich roof and building envelope systems, wind sive fascism, and at home against the intoler- himself became angry when a priest at- technology, and wood-based bio-fuels. ance of racial injustice. After the bombing of tacked something his then-boss Allott was As our country adapts to the increased glob- Pearl Harbor incited doubts about the loyalty supporting in the Senate; he thereupon of Japanese-Americans, these brave men who al demand for energy resources, it is impera- joined the Eastern Rite Orthodox Church and enlisted to fight to protect our Nation were tive that we effectively implement wise con- later became a deacon.) faced with segregated training conditions, fam- Weyrich attempted to bring change and sumption policies and take real steps to miti- ilies and friends relocated to internment fresh activity to every aspect of politics. As gate the impact of increased costs. This bill camps, and repeated questions about their more and more countries became democratic would create a VA Office of Energy Manage- and elected their leaders, Weyrich became combat abilities. At a time when they could president of the Krieble Institute from 1989– ment, and an Energy Advisory Committee have easily turned their backs on a country 96 and trained political activists in Eastern consisting of VA officials and private sector which had seemingly turned its back on them, Europe and the former Soviet Union. (At one experts on energy management. The Office of these men chose the nobler, bolder, and more point, he and fellow Krieble trainer Gary Energy Management, with the advice and rec- difficult route. Hoffmeister performed a vaudeville skit to ommendations of the Energy Advisory Com- The ‘‘Go For Broke’’ regiments went on to demonstrate campaigning to budding Rus- mittee and national laboratories such as those earn several awards for their distinctive serv- sian politicians.) The former TV newsman ice in combat, including: 7 Presidential Unit Ci- founded the satellite television station Na- at Lawrence Livermore and Oak Ridge, would tional Empowerment Television and later be responsible for helping VA meet a number tations, 21 Medals of Honor, 29 Distinguished hosted a talk show on satellite radio. of specific energy sustainability goals. This in- Service Crosses, 560 Silver Stars, 4,000 Occasionally, Weyrich critics on both the Bronze Stars, 22 Legion of Merit Medals, 15 cludes compliance with Presidential Order right and left would bring up his penchant Soldier’s Medals, and over 4,000 Purple 13423, VA Directive 0055, and the long term for abrupt replies and gruffness. His response Hearts, among numerous additional distinc- to me was ‘‘I never wanted everyone to like sustainable energy plans in this legislation. tions. For their size and length of service, the me—just enough people so we can get polit- The office would also establish a database to 100th Infantry Battalion and the 442nd Regi- ical change.’’ track VA’s energy and water consumption. In September of this year, more than 400 mental Combat Team were the most deco- friends, Members of Congress and other po- In an effort to assist our Nation’s veterans in rated U.S. military units of the war. However, litical leaders packed the Four Seasons their individual efforts to become more energy these regiments have yet to be honored with Hotel to pay tribute to the activist, who had efficient, our bill would provide an additional a Congressional Gold Medal. been in failing health from a spinal injury in amount of up to $10,000 for high efficiency To answer the call of duty requires excep- ’01. In thanking his friends, Weyrich recalled tional courage and sacrifice, but to respond how, in spite of his health problems, life had systems for veterans who qualify for specially adaptive housing grants under section with a vigor and persistence unaffected by been good to him: an only child, he had had those who sought to malign and impede their a strong marriage to wife Joyce that pro- 2101(a)(2) of title 38, United States Code. Ad- every achievement reveals an incredible spirit duced five children; interested in the U.S. ditionally, it would provide veterans who qual- and admirable will. Please join me in honoring Senate all his life, he got to work there; a ify for a specially adapted auto grant, under lover of trains, he served on the national these courageous men by supporting the board of Amtrak and the Amtrak Reform section 3902(a) of title 38, United States granting of a Congressional Gold Medal, col- Council; a lifelong conservative, he played a Code, the additional amount necessary to pur- lectively, to the U.S. Army’s 100th Infantry major role in shaping its modern form. chase alternative fuel vehicles. Battalion and 442nd Regimental Combat And, even when we disagreed or he took Team. issue with Human Events, Weyrich was a Finally, VA would be authorized to conduct faithful reader who would frequently cite a pilot program for the sale of air pollution f columns in our publication. I already miss emission reduction incentives, also known as INTRODUCING THE NATIONAL Paul Weyrich very much. We all will in the emission reduction credits, and VA would be HURRICANE RESEARCH INITIA- future. authorized to retain proceeds from the sales. TIVE ACT OF 2009 f America’s veterans should benefit from the INTRODUCTION OF THE DEPART- VA’s efforts to produce cleaner energy. HON. ALCEE L. HASTINGS MENT OF VETERANS AFFAIRS Madam Speaker, as the cost of fossil fuels OF FLORIDA ENERGY SUSTAINABILITY ACT rises and resources become scarcer, our na- IN THE HOUSE OF REPRESENTATIVES OF 2009 tion must provide services for our veterans in Thursday, January 8, 2009 an energy efficient manner. A sustainable en- Mr. HASTINGS of Florida. Madam Speaker, HON. STEVE BUYER ergy program at VA will conserve energy and I rise today with my colleague and good friend OF INDIANA financial resources that can be used to pro- from Florida, Representative ROS-LEHTINEN, IN THE HOUSE OF REPRESENTATIVES vide care for our veterans. I encourage my and almost 20 bipartisan original cosponsors Thursday, January 8, 2009 colleagues to support the bipartisan Depart- to introduce a very significant piece of legisla- Mr. BUYER. Madam Speaker, today, my ment of Veterans Affairs Energy Sustainability tion, the National Hurricane Research Initiative distinguished colleague Mr. MICHAUD and I, Act of 2009. Act of 2009.

VerDate Mar 15 2010 11:51 Jun 09, 2011 Jkt 079102 PO 00000 Frm 00004 Fmt 0689 Sfmt 9920 E:\BR09\E08JA9.000 E08JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 378 EXTENSIONS OF REMARKS, Vol. 155, Pt. 1 January 8, 2009 This legislation is largely based on the rec- LESLIE POHLEY HONORED AS Worth Star Telegram, The University of Texas ommendations presented in a 2007 National FLORIDA’S OUTSTANDING MID- at Arlington and Tarrant County College— Science Foundation, NSF, report, Hurricane DLE SCHOOL SCIENCE TEACHER South East campus. Warning: The Critical Need for a National Hur- OF THE YEAR That first event attracted nearly 1,000 par- ricane Research Initiative. ticipants. Over the years ‘‘Sharing the Dream’’ HON. C.W. BILL YOUNG has continued to grow and it now includes di- The report delivered a stern warning: ‘‘Rel- versity training, sensitivity workshops, ban- ative to the tremendous damage future hurri- OF FLORIDA IN THE HOUSE OF REPRESENTATIVES quets, festivals and other multicultural events. canes will inflict, the current federal investment This celebration truly embodies what Dr. in hurricane science and engineering is en- Thursday, January 8, 2009 King’s vision was all about and that is a reflec- tirely insufficient.’’ Mr. YOUNG of Florida. Madam Speaker, I tion of all communities coming together. The state of science today is not advanced rise to pay tribute to Leslie Pohley, a teacher And Arlington’s MLK, Jr. Celebration com- enough to inform us reliably about when or I represent at Largo Middle School, who has mittee continues to expand the event. Each where hurricanes are going to strike or what been named Florida’s Outstanding Middle year, in cooperation with the United States Postal Service, they produce an official cachet their precise impact on our communities will School Science Teacher of the Year. Ms. Pohley was honored by her peers at the envelope and a special pictorial cancellation be. Florida Association of Science Teachers. Her postmark to commemorate the citywide cele- Since 2001, hurricane damage has cost our principal Fred Ulrich told The St. Petersburg bration. These special envelopes and post- Nation almost $36 billion in economic losses Times, ‘‘She is the science teacher every prin- marks have become favorites of collectors all per year. In 2005, Hurricanes Katrina, Rita cipal would love to have on staff. She cares over the nation. and Wilma accounted for over $160 billion in about her students.’’ The theme for this year’s cachet envelope total damages and the loss of almost 1,500 in- A teacher at Largo Middle School for 30 and postmark is ‘‘20th Anniversary—Sharing nocent lives. Further, the impact from inland years, Ms. Pohley grew up in Pinellas County, the Dream’’. flooding and tornadoes, which can result from Florida where she now teaches. She grad- The design is always chosen from student the onset of hurricanes and tropical storms, uated from Clearwater High School in 1973 submissions to various art or essay contests organized by the Arlington Independent can be felt throughout the entire United and holds two bachelor’s degrees from the University of South Florida. One degree is in School District. The celebration also recog- States. science education and the other in biology. nizes special individuals who have taken the Currently, 50 percent of the U.S. population Previous honors for Ms. Pohley include time to make a difference within their respec- lives within 50 miles of the coastline. As popu- being named the 2003 Air Force Association tive communities in the areas of Education, lations and economies continue to expand in Science Teacher of the Year, the 2004 recipi- Community Service and Government. these high risk coastline areas, the economic ent of the Southwest Florida Water Manage- This is a unique and very special celebra- and societal costs will only increase when fu- ment District Outstanding Leadership in Envi- tion that each year honors the contribution’s of ture hurricanes strike our Nation. ronmental Education Award, and being se- Dr. Martin Luther King, Jr. and on its 20th An- lected for a National Science Foundation fel- niversary, I am proud to recognize the individ- Our Government can ill afford to ignore the lowship program at the University of Georgia. uals and organizations that have helped make advice of its premier scientists and put our Madam Speaker, at a time when the edu- this event possible over the years and all of populations and infrastructure at risk. We need cation of our children is a top national priority, the people who have shared Dr. King’s dream to nationally invest in new research to better especially in the fields of math and science, I by attending. prepare, respond and mitigate these disasters. salute Leslie Pohley for her lifelong dedication f This comprehensive hurricane research bill to teaching. Throughout the past 30 years, INTRODUCTION OF H.R. 294 THE will improve hurricane research dramatically in teaching from the same classroom at Largo Middle School, she has touched the lives of VETERAN OWNED SMALL BUSI- the United States. The bill authorizes $2.35 NESS PROMOTION ACT OF 2009 billion in critical hurricane research funding to thousands of students and impressed upon help scientists study and better understand them the value and importance of the how hurricanes form and intensify, as well as sciences. HON. STEVE BUYER enhance early warning systems, infrastructure f OF INDIANA IN THE HOUSE OF REPRESENTATIVES durability standards, and hurricane tracking HONORING THE 20TH ANNIVER- and prediction capabilities. SARY OF THE SHARING THE Thursday, January 8, 2009 The entire Nation would deeply benefit from DREAM CELEBRATION IN AR- Mr. BUYER. Madam Speaker, today I am enhanced, coordinated hurricane research. LINGTON, TEXAS introducing the Veteran Owned Small Busi- Better intensity forecasting, long-range projec- ness Promotion Act of 2009. As this body pon- tions of hurricane activity, emergency manage- HON. JOE BARTON ders legislation to stimulate the economy and ment, and hurricane mitigation would be ad- OF TEXAS create new jobs, I believe the best economic vantageous to everyone—from improving the IN THE HOUSE OF REPRESENTATIVES stimulus we can offer is to empower those who have defended America, and the Depart- ability of local communities to respond to hurri- Thursday, January 8, 2009 ment of Veterans’ Affairs should play a major canes to reducing the Federal Government’s Mr. BARTON of Texas. Madam Speaker, I role in that effort. share in recovery efforts by billions of dollars. rise today to recognize and honor the ‘‘Shar- This legislation includes our nation’s vet- Madam Speaker, our Nation and my State ing Dr. King’s Dream Celebration’’ in Arlington, erans in our economic recovery by promoting of Florida in particular are all too familiar with Texas, which marks its 20th Anniversary this veteran-owned small businesses. Those who the immense damage hurricanes can inflict. It year. have done so much to protect the American is imperative that we take significant actions to It is one of the longest Dr. Martin Luther economy deserve every opportunity to start increase Federal investment in new research King, Jr. Day Celebrations in the country, with and grow a viable business. This bill would to better prepare for, respond to, and mitigate citywide events taking place over four days renew VA’s authority to guarantee small busi- the devastating impacts of hurricanes. Let us starting January 16th ness loans up to $500,000 for small busi- resolve to act promptly to address ways to The city’s first MLK, Jr., celebration was nesses owned and operated by veterans. VA prevent and respond to future hurricanes be- held back in 1989. The organizing committee would be authorized up to $1 billion in loan included groups from all over the community, guarantees for each fiscal year. The previous fore the next hurricane strikes. including the Arlington Chamber of Com- program was terminated in 1986 and it is time I ask for my colleagues’ support and urge merce, City of Arlington, Arlington Independent that VA once again became a leader in pro- the House leadership to bring this legislation School District, Arlington Ministerial Associa- moting veteran-owned businesses. to the floor for its swift consideration. There is tion, Black Citizen’s Advisory Council, U.S. It is not right that some set-aside programs no time for further delay. Postal Service, Marion Anderson Society, Fort get a competitive advantage over veteran-

VerDate Mar 15 2010 11:51 Jun 09, 2011 Jkt 079102 PO 00000 Frm 00005 Fmt 0689 Sfmt 9920 E:\BR09\E08JA9.000 E08JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 8, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 1 379 owned businesses, so my bill also includes The Turn-About Ranch has graduated ap- Israel and the means for a better future to Pal- provisions to have veteran-owned small busi- proximately 500 troubled and at risk teenagers estinians. nesses evaluated and awarded contracts through an intense program of training and re- f under the same rules as 8(a) businesses. habilitation. The ranch also employs about 35 If this bill is enacted it will be a win-win for Garfield County residents. The Turn-about HONORING MADELINE DELOACH all Americans, as it will provide a valuable Ranch has strong support from the local com- FRANKLIN boost to our veterans who want to start a busi- munity, and the Garfield County Commission, ness, while stimulating the economy at the as well as approval from the parents of the HON. BARBARA LEE same time. I urge my colleagues to co-spon- troubled youth. OF CALIFORNIA sor and support this measure. The Government-owned land administered IN THE HOUSE OF REPRESENTATIVES f by the BLM surrounds the congressional ac- Thursday, January 8, 2009 tion by passing this legislation in Congress. PORT JEFFERSON VOLUNTEER The land was historically used for agriculture Ms. LEE of California. Madam Speaker, I AMBULANCE CORPS’ 50TH ANNI- and grazing purposes. The Townsend family rise today to honor the extraordinary life of VERSARY purchased the ranch and then leased the land Mrs. Madeline DeLoach Franklin. A loving to the Turn-About Ranch, Inc., for the sole mother, grandmother, great-grandmother, HON. TIMOTHY H. BISHOP purpose of rehabilitating the troubled youth, friend, and compassionate soul, Madeline will OF NEW YORK and restoring the values and self-esteem to be dearly missed by all who knew her. Mad- IN THE HOUSE OF REPRESENTATIVES these wayward teens. eline passed away on December 21, 2008, at Thursday, January 8, 2009 Madam Speaker, this legislation is a fair the age of 94, less than 1 month short of her resolution to a technical problem. I hope Con- 95th birthday. Mr. BISHOP of New York. Madam Speaker, Born on January 17, 1914, Madeline had a I rise today to join the Port Jefferson Volunteer gress can implement this legislation and re- solve this problem to continue helping our long and fascinating life. She not only wit- Ambulance Corps in celebrating 50 years of nessed the most transformative periods in our dedicated service to our community. An histor- troubled adolescent teens. f Nation’s history, she actively participated in ical shipbuilding town renamed in honor of our them. Madeline Franklin was a vanguard of third President, Port Jefferson is now a thriv- SITUATION IN GAZA the pre-civil rights era and an inspiring political ing village of nearly 8,000 residents, growing mother to many activists from the civil rights in the summer with the arrival of tourists from movement up until the present. Connecticut on the Cross-Sound ferry. HON. LEONARD L. BOSWELL OF IOWA Madeline was born in New Orleans, Lou- In the fifty years of its existence, the Port isiana. Her parents, William and Dora C. IN THE HOUSE OF REPRESENTATIVES Jefferson Volunteer Ambulance Corps has ex- DeLoach, moved the family from New Orleans panded to meet the growing needs of the Thursday, January 8, 2009 to Philadelphia, Pennsylvania, during World wider community, including the villages of Mr. BOSWELL. Madam Speaker, I strongly War I. In Philadelphia, Mr. and Mrs. DeLoach Belle Terre and Mt. Sinai. Starting with a sin- support Israel’s right to defend itself against founded St. Philip’s Lutheran Church and gle ambulance, the Corps now operates three the rocket attacks by Hamas—attacks which raised their children in the spirit of community ambulances and a first-responder car, with have killed and injured many Israeli citizens. service. Growing up during the first decades of 120 volunteers ready to answer the call 24 Israel’s actions are understandable. We must the 20th century, Madeline shared a simple hours a day. stand by our ally and be involved in any nego- and happy childhood with her nine older sib- Madam Speaker, ambulance volunteers em- tiations. I’m heartened to learn of a possible lings. It was during this time that Madeline de- body the best aspects of the American spirit cease fire proposal. However, any cease fire veloped her strong social values, faith in God, and play a vital role in keeping our commu- must ensure an end to the terrorist attacks by and belief in the necessity of justice and nities safe and healthy. I am proud to rep- Hamas. human dignity for all people. She would carry resent the membership of the Port Jefferson f these values with her and teach them to those Volunteer Ambulance Corps and to join them fortunate enough to know her for over 70 in marking fifty years of service to their neigh- ADDRESSING THE SITUATION IN years. bors. I wish them the best as they continue GAZA After graduating from the prestigious Phila- their important, frequently life-saving mission. delphia Girls High School, Madeline returned f HON. JERRY McNERNEY to New Orleans to attend Dillard University, THE TURN-ABOUT RANCH IN OF CALIFORNIA where she pledged as a member of the Delta GARFIELD COUNTY, UTAH IN THE HOUSE OF REPRESENTATIVES Sigma Theta Sorority. She graduated in 1939, and by that time had already fulfilled one of HON. JIM MATHESON Thursday, January 8, 2009 her dreams by becoming an accomplished pi- Mr. MCNERNEY. Madam Speaker, I take anist. Madeline was living in Pass Christian, OF UTAH this opportunity to express my concern about Mississippi, and it was during this period that IN THE HOUSE OF REPRESENTATIVES events in Israel and Gaza, and my support for she decided to formally pursue a career in Thursday, January 8, 2009 Israel’s right to defend itself against rocket at- education and become politically active in the Mr. MATHESON. Madam Speaker, I rise tacks launched from the Hamas-controlled most important efforts of her time—actions today to introduce legislation that would cor- Gaza Strip. The region must have a meaning- that would serve as the precursors to the civil rect a drafting error that involves a 25-acre ful resolution that will permanently end these rights movement in America. Even before parcel of Bureau of Land Management, BLM, rocket attacks and open a pathway to alleviate Rosa Parks’ famous refusal to give up her bus land, and land that is part of the Turn-About civilian suffering and develop a secure and seat to make room for White passengers in Ranch, which rehabilitates troubled youth. prosperous Palestinian society. Hamas’ rocket 1955, Madeline DeLoach was refusing to sit An erroneous survey in January 1999 was attacks targeting civilians triggered the current on wheel covers or wait for the next bus to the cause of this trespass conflict when Con- crisis. Any country is compelled to defend its come in the 1930s in Jackson, Mississippi. gress approved a major land exchange, P.L. civilians against attack. During that same period she met her future 105–335, between the State of Utah and the The situation in the region has reached a husband, Dr. Charles L. Franklin, who was liv- border of the Grand Staircase Escalante, new level of violence, and each civilian death ing in New York after graduating from Colum- GSE, Monument. This legislation makes a is tragic. The images of suffering innocents, bia University in 1936 at the age of 25. At that minor boundary change to resolve the tres- especially children, in both the Gaza Strip and time, Dr. Franklin was one of the youngest pass conflict. It would grant the owners of the Israel are a stark reminder that it is long past PhDs in the country, and the only African- ranch to purchase the erroneously surveyed time for this region to know peace. The United American with a doctorate degree in his field. land at a fair market value, enabling this im- States must be deeply involved in the peace A specialist in social legislation, labor econom- portant and effective program for troublesome process while vigorously working for short and ics, and statistics, Dr. Franklin was an ener- youth to continue unimpeded. long term solutions that will provide security to getic intellectual at the forefront in the struggle

VerDate Mar 15 2010 11:51 Jun 09, 2011 Jkt 079102 PO 00000 Frm 00006 Fmt 0689 Sfmt 9920 E:\BR09\E08JA9.000 E08JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 380 EXTENSIONS OF REMARKS, Vol. 155, Pt. 1 January 8, 2009 for employment integration in the Federal gov- Madam Speaker, the current $7 million ap- they’re mum about Chinese complicity in ernment. On his own merit he received the propriation is a small drop in the bucket to- crimes elsewhere. highest average of all of the competitors in the wards meeting the skills-improvement needs Yes, the bloodshed is horrible, and yes, New York State Civil Service Examination, of today’s 651,000 unemployed veterans. This Israel is doing what any other sovereign nation bringing mass attention to the issue of in- bill would significantly improve education and would do. It is protecting its people by retalia- equality. Madeline and Charles were wed on training opportunities for those who have worn tion when attacked. Those who shoot rockets May 24, 1943. the uniforms of our armed forces. into Israel know there will be retaliation, thus Although not related by blood, Madeline was I urge my colleagues to cosponsor and sup- they are the responsible party for the blood- part of my extended family who I loved dearly. port the measure. shed we are now witnessing. It’s the hard truth She was a wise woman who inspired me and f we can’t ignore if we are to someday end this supported me in all of my efforts. For that, I terrible heart-wrenching violence. HAMAS IS TO BLAME FOR MOST am deeply grateful. f Madeline was an incredibly intelligent, so- RECENT CONFLICT IN GAZA phisticated, and talented individual. She was THE ESCALATING VIOLENCE IN an African-American woman born in the Amer- HON. DANA ROHRABACHER THE MIDDLE EAST ican south at the turn of the century, a teen- OF CALIFORNIA ager and young woman of the Great Depres- IN THE HOUSE OF REPRESENTATIVES HON. JESSE L. JACKSON, JR. sion, an adult of the pre-civil rights era, and a Thursday, January 8, 2009 OF ILLINOIS mentor of the civil rights movement. Undoubt- IN THE HOUSE OF REPRESENTATIVES edly, Madeline faced every conceivable chal- Mr. ROHRABACHER. Madam Speaker, Thursday, January 8, 2009 lenge of her generation, gender, and as a per- today we are saddened by the loss of inno- son of color. However, not only did Madeline cent lives in Gaza; people being killed and Mr. JACKSON of Illinois. Madam Speaker, I survive these difficult and tumultuous times, wounded, bodies of children torn apart, all of have been closely following the troubling she triumphed and brought countless others this is a horror story. If we are serious about events and escalating violence in the Middle up behind her. ending this tragedy we must be brutally hon- East. We in the United States must continue Today, California’s 9th Congressional Dis- est, and not give in to ignoring hard truths. In to stand shoulder-to-shoulder in support of our trict salutes Madeline DeLoach Franklin, hon- this case the hard truth is that the real blame friend and ally Israel as it defends itself oring her incredible life and inspiring legacy. for this carnage in Gaza is traced to actions against Hamas’ unrelenting rocket attacks We thank her family for sharing this amazing taken by Hamas, radical Islamists, and those from Gaza. spirit with us, especially her three children, who supply them with rockets and other weap- I’m encouraged by the recent cease-fire ne- Charles L. Franklin, Jr., Dolores Mercedes ons. gotiations underway in the region. The talks Franklin, and Estelle Diane Franklin, her There was a tremendous opportunity for must seek to end the intolerable rain of rock- grandchildren, Sharath Smith and Michelle peace when Israel withdrew its troops from ets on southern Israel and stop the violence Franklin, Lynnette Franklin and Charles Frank- Gaza in 2005. Instead of moving forward and and killing of Israelis and Palestinians. Until a lin, her great-grandchildren Brian and David building a Palestinian homeland, cease-fire agreement is reached, I hope that Smith, her daughter-in-law Alexis M. Herman, irreconcilables have launched nearly 7,000 every effort and scrupulous care continue to her grandsons-in-law Jeffrey Smith and Chris- rockets and mortar rounds into Israel since be taken to avoid the death of innocent civil- tian Duffus, and a host of additional family Israeli troops left. ians. members and friends. May her soul rest in The hate-filled radicals who launched mis- I’ve long believed that the only route to a peace. siles into Israel—Hamas triggermen, not Israeli sustainable peace in the Middle East is f pilots—are the ones who are really respon- through diplomatic means, not military might. sible for the horrible mayhem we are wit- The United States must once again take a INTRODUCTION OF H.R. 295, MORE nessing in Gaza. The radical Islamists ruth- leadership role and actively engage in the JOBS FOR VETERANS ACT OF 2009 lessly and without any remorse did what they multilateral effort to build a permanent path to knew would bring retaliation and result in the peace between the Israeli and the Palestinian HON. STEVE BUYER slaughter of their own people. The hatred of people. OF INDIANA Israel in the hearts of these Hamas radicals f IN THE HOUSE OF REPRESENTATIVES clearly outweighs their commitment to the safety and well being of their own people. HONORING ARTHUR HILL Thursday, January 8, 2009 That’s a hard fact. And that after shooting Mr. BUYER. Madam Speaker, today I am rockets into Israel, they hide among and be- HON. GEORGE RADANOVICH introducing the More Jobs for Veterans Act of hind non-combatants—women, and children— OF CALIFORNIA 2009. Madam Speaker, having the right skills makes their actions even more despicable. IN THE HOUSE OF REPRESENTATIVES is critical to finding good-paying employment An honest assessment leads to the conclu- in today’s job market. The Assistant Secretary sion that Hamas doesn’t want peace with Thursday, January 8, 2009 of Labor administers the Veterans Workforce Israel and has no desire for a two state solu- Mr. RADANOVICH. Madam Speaker, I rise Investment Program, VWIP, a grant program tion. Hamas wants a war that will destroy today along with my colleague from California to State and local governments, private, not- Israel. This commitment is the real cause of Mr. COSTA to commend and congratulate Cap- for-profit organizations including community the current bloodshed in Gaza. Once Israel tain Arthur Hill (U.S. Army retired) upon being based and faith based organizations to fund a left Gaza, Hamas should have used its re- honored with the Citizen Soldier Award. Mr. wide range of employment and training pro- sources, their money, our money, on health Hill was honored on November 7, 2008 at the grams for veterans. Eligible veterans are those care, education, roads and economic develop- Fresno City College Veterans Day 2008 Me- with service-connected disabilities, significant ment in Gaza. Instead they have chosen morial and Dedication Ceremony. barriers to employment, veterans who served death and destruction. Mr. Hill was born on July 16, 1916. Shortly on active duty during a war or a recognized Recently China’s representative to the U.N. after the bombing at Pearl Harbor he began campaign or expedition, and recently sepa- Security Council voiced concern about, ‘‘large- volunteering for the Army Engineers; he was rated veterans. scale Israeli air attacks against Gaza.’’ Now, 27 years old. He has a background in con- It makes no sense to spend millions on that takes chutzpah! Many of the rockets fired struction, so in 1942 he was sent to Camp State employment placement systems if vet- into Israel ‘‘were manufactured in China. Claiborne, LA to a Special Service Engineer erans lack relevant job skills. Unfortunately, These Chinese rockets were smuggled into Regiment. On December 23, 1942, Mr. Hill funding for training programs such as VWIP, Gaza after the Sinai border wall was blown up graduated from O.C.S. and the Heavy Equip- which directly targets veterans, is severely un- by Hamas in January.’’ Making matters worse ment School at Fort Belvoir, VA as a Second derfunded. This legislation would change that the State Department and the White House Lieutenant. At Camp Swift, TX, he was as- by authorizing $20 million annually, almost tri- haven’t mentioned a word about the China signed to the 146 Engineer (C) Battalion as ple today’s funding level. connection to the turmoil in Gaza, just as the Headquarters Company Commander with

VerDate Mar 15 2010 11:51 Jun 09, 2011 Jkt 079102 PO 00000 Frm 00007 Fmt 0689 Sfmt 9920 E:\BR09\E08JA9.000 E08JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 8, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 1 381 the additional duty of Battalion Motor Officer. For more than 47 years, Dr. Weinstein was Those found unfit for service would also He held this command, as a Captain, with var- on staff at Columbia University Medical Cen- automatically receive health and dental cov- ious additional duties until the end of the war. ter, where he also served as Frode Jensen erage. Currently, such eligibility hinges on the During the war his battalion moved to Eng- Professor of Medicine, Professor of Environ- findings of a military physical evaluation board. land’s North Coastal area of Saunton Sands. mental Health Sciences; Professor of Genetics Severely injured servicemembers undergoing They helped build and operate an assault and Development; and, for a decade, Director the emotional and physical pain of recovery training center of enemy fortifications dupli- of the Herbert Irving Comprehensive Cancer and rehabilitation should not have to endure cated during their time overseas. These for- Center. In recognition of his groundbreaking, the added, unnecessary worry as to whether tifications were from secret aerial reconnais- seminal scientific work, Dr. Weinstein received physical evaluation board determinations will sance photos of the landing beaches and some of the most prestigious national and grant disability benefits. Siegfried line defenses. This led to the spear- international awards in his field. Additionally, It’s well past time to eliminate these burdens heading of the Omaha Beach ‘‘D Day’’ landing he was a fellow of the American Academy of for those who have already sacrificed dearly at the ‘‘H’’ hour plus 3 minutes across the Arts and Sciences, a member of the Institute for our country. I call upon my colleagues on English Channel on June 6, 1944. The five of Medicine of the National Academy of both sides of the aisle to address this difficult European campaigns of Normandy, Northern Science, a fellow of the National Foundation issue now rather than leaving it to future gen- France, Rhineland, Ardennes-Alsace, and for Cancer Research, and he served with erations to resolve. Central Europe followed. great distinction as president of the American f After the collapse of Germany, the 146th (C) Association for Cancer Research. Dr. Engineers, along with other engineer groups Weinstein also provided his renowned exper- HONORING THE LIFE AND SERVICE of V Corps were assisting with the debris tise and wisdom as a valued and respected OF SENIOR CORPORAL NORMAN clearance and the restoration of utilities of bat- member of many scientific advisory and edi- SMITH tered Pilsen, Czechoslovakia. In Pilsen, Cap- torial boards. tain Hill was named director of the XXII Corps In addition to his scientific discoveries, Dr. HON. EDDIE BERNICE JOHNSON Heavy Equipment School for approximately 65 Weinstein also leaves a remarkable legacy as OF TEXAS Czech civil engineers and equipment opera- a mentor and a teacher, having helped train IN THE HOUSE OF REPRESENTATIVES tors from the V, VII, and XXII Corps. Captain many generations of leaders in cancer and bi- Hill was later given the title of Base Com- ological research. Dr. Weinstein guided and Thursday, January 8, 2009 mander at one of several embarkation centers inspired scores of devoted students, who Ms. EDDIE BERNICE JOHNSON of Texas. that were responsible for upgrading facilities mourn the passing of this great scientist and Madam Speaker, I rise today to honor the life for pending troop movement. While at the remarkable man. It’s a loss also deeply felt by and service of Senior Corporal Norman Smith Biarritz American University in Southern his family, to whom he was so loyal and so who died in the line of duty on January 6, France, he learned that he had received a loving. 2008. An 18-year veteran of the Dallas Police Foreign Award, the Czech Military Medal. In honor of this great American scientist and Department, Sr. Cpl. Smith spent his career Upon returning home, Captain Hill was dis- his commitment and contributions to the field bravely serving the residents of Dallas, TX. charged on January 8, 1946. He began his ci- of oncology, I express my gratitude to Dr. With a heavy heart, I pay tribute to him and vilian life and worked in the petroleum industry Weinstein for devoting his life to preventing the impact he made in our city. My condo- for 30 years. He and his wife, B.J. (now de- and curing cancer. America mourns his pass- lences are extended to his family and his fel- ceased), were married for over 50 years. ing while also celebrating his inspiring legacy. low officers who are mourning the loss of a Since April 1992, Mr. Hill has enjoyed his time He is survived by his son Matthew, his two husband, father and friend. as a volunteer at the National Legion of Valor daughters Claudia and Tamara, and two Sr. Cpl. Smith, 43, joined the Dallas Police Museum in Fresno, California, where he is grandchildren. Department in 1991 and most recently served also an honorary lifetime member. He became f as a member in the Gang Unit for the past 12 the museum Director in July 2001. From INTRODUCTION OF THE ARMED years. Deeply committed to stamping out the 1995–1996, he also served as the American FORCES DISABILITY RETIRE- influence of gangs, he worked tirelessly to free Legion Commander of Fresno Post No. 4. neighborhoods crippled with violence, crime Madam Speaker, I rise today to commend MENT ENHANCEMENT ACT OF 2009 and drugs. He was instrumental in taking back and congratulate Arthur Hill upon his achieve- neighborhood blocks long controlled by gangs ments. I invite my colleagues to join me in in Dallas for years. His work in this area is wishing Mr. Hill many years of continued suc- HON. STEVE BUYER now credited as a textbook case for Federal OF INDIANA cess. and local officials working to rid communities IN THE HOUSE OF REPRESENTATIVES f of criminal organizations. Throughout his ca- Thursday, January 8, 2009 TRIBUTE TO I. BERNARD reer, he received numerous commendations WEINSTEIN Mr. BUYER. Madam Speaker, today I am and was honored as a Dallas Police Depart- introducing the Armed Forces Disability Retire- ment Officer of the Year. ment Enhancement Act of 2009. This measure There is no doubt that Sr. Cpl. Smith was HON. CHARLES B. RANGEL would simplify and streamline the daunting not only exemplary of those who choose to OF NEW YORK process injured men and women must endure serve and protect, but admired and deeply re- IN THE HOUSE OF REPRESENTATIVES when navigating the Department of Defense, spected by all he met. He will be remembered Thursday, January 8, 2009 DOD, disability retirement system. The system for his strength of character, respect for all Mr. RANGEL. Madam Speaker, I rise today is too complex, and it is unfair to confront those he encountered and his deep commit- to honor and pay tribute to the life of Dr. I. wounded warriors with such a mess when ment to his police work. He is described by his Bernard Weinstein for his significant accom- their focus should be on recovery and their own Police Chief as having the ‘‘heart of a plishments as a scientist, professor of medi- loved ones. warrior.’’ Dallas has truly lost a hero, and we cine, physician, mentor, colleague, advisor, These systemic problems were identified will forever remember the positive changes he administrator, and humanitarian, who passed more than 2 years ago when the President’s brought to the community. His life was a testa- away on November 3, 2008 at the age of 78. Commission on Care for America’s Wounded ment to all that can be achieved through dedi- Dr. Weinstein was a world authority in the Warriors and the Veterans Disability Benefits cation to public service. fields of chemical carcinogenesis, cancer Commission interviewed injured service mem- My prayers are with his wife, Dallas Police treatment and prevention, and a founder of the bers, but the problems have yet to be re- Lieutenant Regina Smith, and his teenage son field of molecular epidemiology. His pioneering solved. This bill would ensure that those found and daughter. He first met his wife while she discoveries and visionary theories, including unable to serve would automatically receive was a young police officer, noting that she the breakthrough concept of ‘‘oncogene addic- military retirement benefits based on rank and was the most beautiful woman he had ever tion,’’ opened up new frontiers in cancer re- years of service. This provision would resolve seen. During the time they had together, there search and led to the development of new, ef- the ‘concurrent receipt’ issue, and it would re- is no doubt there was much happiness and a fective, life-saving therapies for patients. place confusing, piecemeal programs. unique shared passion for their life’s work.

VerDate Mar 15 2010 11:51 Jun 09, 2011 Jkt 079102 PO 00000 Frm 00008 Fmt 0689 Sfmt 9920 E:\BR09\E08JA9.000 E08JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 382 EXTENSIONS OF REMARKS, Vol. 155, Pt. 1 January 8, 2009 Madam Speaker, today we mourn the loss claims of constitutionally based privilege tion Benefit Fund and the South San Joaquin of one of Dallas’ finest—Sr. Cpl. Norman against disclosure of Presidential records. Had Division Committee on California League of Smith. Our city is forever grateful for the sac- I been present, I would have voted yea on that Cities. rifice he has made in the line of duty. His leg- question. Bob’s accomplishments were recognized as acy will live on in our hearts and in the com- The second vote was H.R. 36, to amend early 1989, when he was awarded the first munity he served. title 44, United States Code, to require infor- Fresno Fire Department Employee of the f mation on contributors to Presidential library quarter. He was also honored by Governor fundraising organizations. Had I been present, George Deukmejian for ‘‘Recognition in Excel- INTRODUCING LEGISLATION TO I would have voted yea on that question. ling in the Performance of Duty.’’ In 1996 Bob AWARD DR. JOSEPH B. KIRSNER f was honored by the Veterans of Foreign Wars THE CONGRESSIONAL GOLD as Peace Officer of the Year, and he was hon- MEDAL HONORING THE DISTINGUISHED ored by Exceptional Parents Unlimited for his SERVICE OF BOB WATERSTON efforts to ‘‘Silence the Violence.’’ HON. MARK STEVEN KIRK I commend Bob for dedicating his life to his OF ILLINOIS HON. JIM COSTA family and his community. His accomplish- IN THE HOUSE OF REPRESENTATIVES OF CALIFORNIA ments have touched the lives of many, and his impact on our community will be long remem- Thursday, January 8, 2009 IN THE HOUSE OF REPRESENTATIVES Thursday, January 8, 2009 bered. I extend my best wishes for his contin- Mr. KIRK. Madam Speaker, I am proud to ued health, happiness, and service. Bob introduce this bill to award Dr. Joseph B. Mr. COSTA. Madam Speaker, I rise today Waterston is a distinguished member of the Kirsner the Congressional Gold Medal for his along with my colleagues from California Mr. community, and it is with great pleasure that outstanding work in the medical field of gastro- RADANOVICH and Mr. NUNES to pay tribute to I recognize him today. enterology. the distinguished public service of Bob f The son of Russian immigrants, Kirsner Waterston. After 8 years with the Fresno overcame adversity as a young man and grad- Board of Supervisors, including two as Chair- INTRODUCTION OF THE PRO- uated from Tufts University School of Medicine man and Vice-Chairman, Mr. Waterston is re- TECTING CONSUMERS THROUGH at the top of his class. He went on to earn his tiring as Supervisor for the 5th District in Fres- PROPER FORBEARANCE PROCE- medical degree at the University of Chicago. no County, California. We thank him for his DURES ACT While training in Chicago, he became an ex- hard work on behalf of the county. pert in gastroenterology and helped to make Bob is a lifelong Fresno native. Prior to em- HON. JOHN D. DINGELL the University of Chicago the premier center barking on his distinguished career with Fres- OF MICHIGAN for research and therapy of inflammatory no County, Bob was a twenty-nine year vet- IN THE HOUSE OF REPRESENTATIVES bowel disease. His leadership and research eran of the Fresno Fire Department serving 4 Thursday, January 8, 2009 led to unprecedented medical advances in the years as a firefighter, 8 years as a driver and field of gastroenterology, enhancing the lives 17 years as a fire captain. He also served on Mr. DINGELL. Madam Speaker, today I am of people across the world. the Clovis City Council as an elected member reintroducing the Protecting Consumers Despite his devotion to his research, Kirsner and then as a Mayor Pro Tem. Bob has also Through Proper Forbearance Procedures Act. was compelled to join the armed forces in been a State certified paramedic for 24 years. This legislation, which I also introduced during World War earning a third Battle Star in the His professional career includes Board Cer- the 110th Congress, is intended to correct per- battle of the Philippines before serving under tified Advanced Cardiac Life Support and sistent procedural problems created by two General Douglas MacArthur in Japan. Fol- Basic Life Support Affiliate Faculty for the words in the Communications Act of 1934, as lowing the war, Kirsner became a full Pro- American Heart Association. Most recently he amended. I urge all my colleagues to join me fessor of Medicine at the University of Chi- became a California State licensed Contractor in supporting this common sense legislation. cago. During his time as a Professor, he pub- specializing in swimming pool construction and Section 10 of the Communications Act per- lished over 700 papers and 15 books, and has maintained his commitment to the com- mits a telecommunications carrier to file a peti- gave over 25 named lectureships. He has munity as a County Supervisor all while man- tion with the Federal Communications Com- served as a leader on a number of boards and aging his home business. mission (FCC) asking the FCC to forbear from foundations, such as the National Institutes of Bob Waterston’s involvement in his commu- applying certain statutory or regulatory require- Health, the American Gastroenterological As- nity has been far-reaching, ranging from ments to it. In turn, the FCC may grant sociation and the Chicago Medical Society. Chairman of the America Health Walk in 1998 forbearances if it finds that doing so is in the Despite all of his world-renowned successes, to the Fandango Advisory Board Committee in public interest. he continues to provide personal care to pa- 1999 and as Community Advisor for the Junior As I have stated in the past, the Congress tients from across the country. League of Fresno in 2000 and 2001. Bob certainly has the prerogative to create a statu- Dr. Kirsner, a World War II veteran and de- served on Community Services for the Cali- tory regime that permits a regulatory agency voted civil servant to the field of medicine, has fornia League of Cities, and he was an Execu- to forbear from applying a statutory require- lived his life in service to others, deserving of tive Board Member of the Sequoia Council ment, so long as the agency finds that con- national recognition for his honorable contribu- Boy Scouts of America in 2004. Bob has also sumers will continue to be protected and well tion to our country. given back to his fellow firefighters by serving served. What is problematic about this cir- f as a past Chairperson for the CPR Committee cumstance is that the Communications Act with the Central Valley Fire Agencies, and he states that the carrier’s petition will be PERSONAL EXPLANATION is a founder of the annual ‘‘Firefighters Cre- ‘‘deemed granted’’ if the FCC does not act ating Memories’’ program at the Fresno Dis- within a prescribed timeframe. In simpler HON. STEPHANIE HERSETH SANDLIN trict Fair. terms, if the FCC cannot agree on the merits OF SOUTH DAKOTA Throughout his distinguished career, Bob of a petition, it is automatically granted. IN THE HOUSE OF REPRESENTATIVES Waterston has served on numerous boards We must act to correct this untenable situa- and has given back to his community. He tion for two reasons. First, in the case of a pe- Thursday, January 8, 2009 served on the board of directors of the Fresno tition that is ‘‘deemed granted’’ without an ac- Ms. HERSETH SANDLIN. Madam Speaker, Business Council, the Economic Development companying written order, it is impossible for I regret that I was unable to participate in two Corporation of Fresno County and the Fresno the Congress or the courts to ascertain the votes on the floor of the House of Representa- Regional Foundation. He is also a member of scope of relief granted or the legal rationale tives on January 7, 2009. the ‘‘Make a Wish’’ Foundation, the American supporting the FCC’s action. This makes it dif- The first vote was H.R. 35, to amend chap- Heart Association Board of Directors, and the ficult for the Congress to conduct proper over- ter 22 of title 44, United States Code, popu- Public Education Committee for the Fresno sight of the implementation of the Communica- larly known as the Presidential Records Act, to City Fire Department. He is also a past board tions Act, as well as oversight of the tele- establish procedures for the consideration of member for the Fresno Firefighters Associa- communications industry.

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